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cp04-24-2007 c AGENDA REGULAR MEETING - HUTCIDNSON CITY COUNCIL TUESDAY, APRIL 24,2007 ~ CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Jon Lindekugel, Christ the King Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF APRIL 10,2007 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS I. PIONEERLAND LIBRARY BOARD MINUTES FROM MARCH 15, 2007 2. PLANNING COMMISSION MINUTES OF MARCH 20, 2007 3. CITY OF HUTCHINSON FINANCIAL REPORT FOR MARCH 2007 4. CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2007 . (b) RESOLUTIONS AND ORDINANCES I. RESOLUTION NO. 13184- RESOLUTION APPROVING AND AGREEING TO ENTER INTO ADMINISTRATIVE CONTRACT OF SMALL CITIES DEVELOPMENT PROGRAM FOR THE EXPANDED FRANKLIN GROVE NEIGHBORHOOD HOUSING REHABILITATION PROJECT AND APPROVAL TO EXECUTE SCDP GRANT AGREEMENT 2. RESULUTION NO. 13186 - RESOLUTION FOR PURCHASE (F350 PICK-UP AND UNLEADED GASOLINE) 3. RESOLUTION NO. 13187 - RESOLUTION ALLOCATING EXCESS BOND FUNDS TO CERTAIN PROJECTS 4. ORDINANCE NO. 07-0460 - AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON CERTAIN LAND USE ACTIONS WITHIN THE HIGHWAY 7 CORRIDOR STUDY AREA (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 07-0462-AN ORDINANCE TO CREATE AND ENACT TITLE 5, CHAPTER 54 OF THE CITY OF HUTCHINSON CODE OF ORDINANCES RELATING TO STORMWATER MANAGEMENT (SECOND READING AND ADOPTION) AND APPROVAL OF SUMMARY ORDINANCE FOR PUBLICATION (c) PLANNING COMMISSION ITEMS I. CONSIDERATION FOR APPROVAL OF LOT SPLITS LOCATED ON OTT A W A AVENUE AS REQUESTED BY PAUL BETKER WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NOS. 13172, 13173, 13174, 13175, 13176, 13177 AND 13178) 2. CON SIDRA TION FOR APPROVAL OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS FIRST ADDITION TO RA VENWOOD WEST SUBMITTED BY RA VENWOOD POND HOMEOWNERS ASSOCIATION WITH FAVORABLE PLANNING COMMISSION tt . . 8. . CITY COUNCIL AGENDA - APRIL 24, 2007 RECOMMENDATION (ADOPT RESOLUTION NO. 13179) 3. CONSIDERATION FOR APPROVAL OF VARIANCE TO ALLOW TWO DETACHED GARAGES ON ONE LOT LOCATED AT 1410 JEFFERSON STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13180) 4 . CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW FIREWORKS TENT SALES LOCATED IN WALMART PARKING LOT AT 1300 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13181) 5. CONSIDERATION FOR APPROVAL OF VARIANCE TO ALLOW A 19 FOOT CORNER SIDE YARD SETBACK WHERE 25 FEE~IS REQUIRED FOR AN ADDITION TO A NON- CONFORMING HOUSE AT 340 5 AVENUE SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13182) 6. CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 07-0463 - AN ORDINANCE ADDING LANGUAGE TO THE WIND ENERGY CONVERSION SYSTEM (WAIVING FIRST READING AND SETTING SECOND READING AND ADOPTION FOR MAY 8, 2007) (d) CONSIDERATION FOR APPROVAL TRANSIENT MERCHANT LICENSE FOR DEAN SCHLUETER TO OPERATE A TEMPORARY GREENHOUSE IN THE OLD CUB FOODS PARKING LOT (e) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR MINNESOTA WINGS MOTORCYCLE CLUB ON JULY 14,2007 (f) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR VFW POST 906 ON MAY 28, 2007 (g) CONSIDERATION FOR APPROVAL OF AMENDMENT TO CITY POLICY NO. 3.27 - SICKN ACA T10N LEAVE DONATION (h) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT ASSESSMENT ROLL (LETTING NO. I, PROJECT NO. 06-01 (i) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR KENT EXNER TO WASHINGTON D.C. FOR TRANSPORTATION ALLICANCE FLY-IN (j) CONSIDERATION OF ITEMS REGARDING 2007 PAVEMENT REHABILITATION PROJECT (LETTING] 5/PROJECT NO. 07-05) (k) RESOLUTION NO. 13185-A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED GRANT APPLICATION ON BEHALF OF CUSTOMER ELATION (I) CONSIDERATION FOR APPROVAL OF ADOPTING 2008 BUDGET PARAMETERS (m)CONSIDERA TION FOR APPROVAL OF APPOINTMENTS TO THE LIBRARY BOARD Action - Motion to approve consent agenda 7. PUBLIC HEARINGS - 6:00 P.M. - NONE COMMUNICATIONS, REOUESTS AND PETITIONS (a) EXPLANATION OF PROPERTY VALUATIONS AS PROVIDED BY SUE SCHULZ, MCLEOD COUNTY ASSESSOR 2 CITY COUNCIL AGENDA - APRIL 24, 2007 Action - . (b) UPDATE ON BUILDING PERMIT FEES FOR "DREAM SHEDS" PROPOSAL Action - 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) CONSIDERATION OF APPOINTING COUNCIL REPRESENTATIVES ON ADVISORY PANEL FOR HIGHWAY 7 CORRIDOR STUDY Action - Motion to reject - Motion to approve (b) DISCUSSION OF SUMP PUMP INSPECTION PROGRAM OPTIONS Action - ( c) CONSIDERATION FOR APPROVAL OF TRUNK HIGHWAY 15 COALITION ANNUAL DUES AND DEVELOPMENT FUNDCONTRIBUTION Action - Motion to reject - Motion to approve . (d) DISCUSSION OF MNIDOT TRUNK HIGHWAY 7/15/22 RECONSTRUCTION 2007 CONSTRUCTION ACTIVITIES, PHASING AND DETOURS Action - Motion to reject - Motion to approve (e) CONSIDERATION OF RESETTING MAY 8, 2007, CITY COUNCIL MEETING TO MAY 9, 2007 Action - Motion to reject - Motion to approve' 11. MISCELLANEOUS (a) COMMUNICATIONS 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13.ADJOURN . 3 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 10,2007 . 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 Sehorn, CIty Attorney. 2. INVOCATION - Rev. Karl Kruse, Christ the King Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Evelyn Fischer and Coleen Mix presented before the Council. On behalf of Evergreen Apartments, they thanked the Council for the inIprovements made to the senior dining area. 5. MINUTES (a) REGULAR MEETING OF MARCH 27, 2007 Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PUBLIC ARTS COMMISSION MINUTES FROM FEBRUARY 15, 2007 2. BUILDING DEPARTMENT MONTHLY REPORT FOR MARCH 2007 . 3. FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2007 4. PIONEERLAND LillRARY SYSTEM BOARD MEETING MINUTES FROM FEBRUARY 15, 2007 5. PUBLIC LillRAR Y BOARD MEETING MINUTES FROM FEBRUARY 26, 2007 6. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR FEBRUARY 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13164 - RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2. RESOLUTION NO. 13165 - RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY 3. RESOLUTION NO. 13166 - RESOLUTION AMENDING RESOLUTION NO. 12901 ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR AND DISABLED CITIZENS DEFERRED ASSESSMENTS AND SENIOR AND DISABLED CITIZENS REDUCED REFUSE RATE 4. ~OLUTIONNO. 13167 -RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAY (5 AVENUE SE FROM MICHIGAN STREET TO TH 22) . 5. RESOLUTION NO. 13168 - RESOLUTION IN SUPPORT OF BALANCED CLIMATE CHANGE LEGISLATION 6. RESOLUTION NO. 13169 - RESOLUTION FOR PURCHASE (F350 FORD PICK UP AND . UNLEADED FUEL) (c) CONSIDERATION FOR APPROVAL OF ADVERTISING FORBIDS FOR BURICH ARENA COOLING TOWER REPLACEMENT 5( 0.) CITY COUNCIL MINUTES - APRIL 10. 2007 . (d) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE TO VFW POST 906 ON . APRIL 12, 2007, AT THE HUTCHINSON EVENT CENTER (e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.2- LETTING NO. 12, PROJECT NO. 06-14 (WASTEWATER TREATMENT FACILITY ADMINISTRATION BUILDING EXPANSION) (f) CONSIDERA nON OF DECLARATION OF RESTRICTIONS AND COVENANTS AND AFFIDAVIT CONCERNING REAL PROPERTY CONTAMINATED WITH HAZARDOUS SUBSTANCES (g) CONSIDERATION FOR APPROVAL OF DESIGN AND CONSTRUCTION SERVICES AGREEMENT WITH BARR ENGINEERING FOR THE HUTCHINSON DAM REPLACEMENT (h) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR THE COUNTRY STOP LOCATED IN THE RUNNINGS FLEET & FARM PARKING LOT (i) CONSIDERATION FOR APPROVAL OF TEMPORARY RECYCLING PERMIT FOR CAN MAN RECYCLING INC. LOCATED IN THE W ALMART PARKING LOT (j) RETAIL ON-SALE 3.2 MALT LIQUOR LICENSE RENEWALS · HUTCHINSON HUSKIES BASEBALL ASSOCIATION · LITTLE CROW BOWLING LANES (HUTCH BOWL) · SKY VENTURES (pIZZA HUn (k) RETAIL OFF-SALE 3.2 MALT LIQUOR LICENSE RENEWALS · COBORN'S INC - CASHWISE · SPEEDWAY SUPERAMERICA · ERICKSON'S DIVERSIFIED CORPORATION (ECONO FOODS) · PHILLIPS 66 · WALMART SUPERCENTER Items 6(b )5, 6(f), 6(g) and 6(k) were puIled for separate action. Motion by Stotts, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried lJnBnimously. Item 6(b)5 had further discussion. Council Member Peterson asked for clarification regarding the proposed resoluuon. . . Mike Kumm, HUC General Manager, presented before the Council. Mr. Kumm explained that the HUC passed a Resolution in support of the c1inIate control change and asked that the City Council also support this project. A revised Resolution was distributed tonight. Mayor Cook mentioned that the State Legislature is prol?osing a Global Warming Mitigation Act. Mike Kumm mentioned that HUC is requesting that the legislauon study the Act in more detail before passage and adoption. Mayor Cook asked if the HUC could submit their Resolution now to the legislature with the City foIlowing up with their Resolution after the fmal draft is up for consideration. Motion by Peterson, second by Stotts, to approve the revised Resolution as proposed by HUC. Motion carried unanimously. Item 6(f) had further discussion. Mayor Cook asked that Kent Exner review what this action item is. Mr. Exner explained that the proposed documents are part of the process of c1osin!l down the old dump site. These restrictions and covenants are a boilerplate document that the MPCA reqwres for all sintilar types of activities. . 2 6(rA) CITY COUNCIL MINUTES - APRIL 10, 2007 . Motion by Arndt, second by Haugen, to approve item 6(f). Motion carried unanimously. Itern 6(g) had further discussion. Mayor Cook noted that at the last City Council workshop it was rnentioned that possibly $700,000 could be used from the excess bond fund to pay for this project. Mayor Cook noted that this fund is intended for inIprovement projects such as this. Kent Exner noted that the concerns of the structure of the dam indicate that it is imperative to replace the dam now. Council Member Arndt questioned the estimated amount of$119,000 from Barr Engineering. TIris amount includes an 8% inflation increase since the 2005 quote. Motion by Arndt, second by Peterson, to approve Item 6(f). Motion carried unanimously. Item 6(k) had further discussion. Council Member Arndt asked if all of the al?plicants are in compliance with local ordinances. Marc Sebora noted that the applicants under consideration have not had any recent liquor license violations. Mr. Sebora then updated the Council on some liquor license violations that had occurred earlier this year. Motion by Haugen, second by Arndt, to approve Item 6(k). Motion carried unanimously. 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 (CONTINUED FROM MARCH 27, 2007) . . Rebecca Bowers, Planning Director, presented before the Council. Rebecca Bowers and Miles Seppelt reviewed the Hwy 7 Corridor Study (also item 1O(a) on this agenda). Ms. Bowers explained the project goals of the study, which have been identified as establishing a community vision, creating a land use development strategy, and taking advantage of the opportunity at hand. Mr. Seppelt then reviewed the Downtown Revitalization Master Plan and the connection to this proposed Hwy 7 Corridor Study. Mr. Seppelt then reviewed the reasoning of using a consultant to conduct this study. These reasons include unavailable stafftinIe, lower cost (compared to hiring a full-time employee), and specific expertise and experience as well as a fresh perspective. Ms. Bowers then explained how the study would be funded, which is estinIated at $60,000. A majority of the funding was obtained from the Hwy 7 project and fees paid as a percentage of the improvement project. The lowest bid came in from Landform at $62,555. The proposal could be reduced by combining some tasks and/or reducing the scope of the market study. Mr. Seppelt reviewed the benefits of having a market study completed. Mr. Seppelt then reviewed the reasons for the proposed moratorium on certain land use actions within the Highway 7 corridor study area. The reasons include empowering the City Council to stop unwanted development, allowing the citizens to decide and not the developers, and protecting the value of the study. The moratorium as proposed does include a process to allow good development during the moratorium tinIe. The proposed moratorium runs from Bluff Street to Montana Street. Motion by Stotts, second by Peterson, to close the public hearing. Motion carried unanimously. Motion by Arndt, second by Peterson, to approve Ordinance No. 07-0460, setting second reading and adoption for April 24, 2007. Motion carried unanimously. (b) 2007 PAVEMENT REHABILITATION PROJECT (LETTING NO.5, PROJECT NO. 07-05) Kent Exner presented before the Council. Mr. Exner explained that 2007 pavement rehabilitation 'project includes reclaiming of specific streets, concrete Ifpairs and general maintenance work. The informatlon was reviewed at a neighborhood meeting on April 3' . The feedback received at this meeting was very positive from the residents. The total project cost is estimated at $732,900. The streets included are Milwaukee A venue, Charles Street, Roe Avenue, Kay S~eet, ~ Avenue, Graham Street and Clark Street, as well as the alley to the south of Taco Johrts (between 3 and 4 Avenue from Glen Street to James Street). The City will pay for 50% of the residential street pavement rehabilitation and drain tile installation costs, 80% of 3 ~(A) CITY COUNCIL MINUTES - APRIL 10, 2007 . . pavement rehabilitation costs of the alley and 100% of the sanitary sewer & water distribution system IIDprovements. John Olson, Public Works Manager, noted that the sewers are inspected prior to this list being compiled. No major work needs to be completed related to the sewers. Guy Caspers, 103 3m Avenue, ~resented before the Council. Dr. Caspers asked if the alley is definitely part of the project at this tinIe or If it can be pushed back. He noted that there has been much construction surrounding his property in the last couple of years and his business, as well as the others in the years, have somewhat suffered. Mr. Exner eXplained the assessment hearing process. A resident of Charles Street presented before the Council. The resident asked if Mr. Exner had an estinIate of what the assessrnents will be. Exner explained that it will be approximately $40/front foot. The resident also asked about the street-life expectancy. Exner noted 10-20 years +. JinI Chelin, 520 Graham Street, presented before the Council. Mr. Chelin commented that with the estimate of$40/front foot, his assessments would be around $1200. Mr. Chelin asked ifseal coating only would be adequate. Exner explained that based on the condition of the pavement, seal coating only would not be a wise investment of money. . Motion by Arndt, second by Peterson, to close the public hearing. Motion carried unanimously. Motion by Peterson, second by Cook, to order inIprovement and preparation of plans and specifications. Motion carried unanimously. (c) ORDINANCE NO. 07 -0462 - AN ORDINANCE TO CREATE AND ENACT TITLE 5, CHAPTER 54 OF THE CITY OF HUTCHINSON CODE OF ORDINANCES RELATING TO STORMW A TER MANAGEMENT Kent Exner explained that as part of the NPDES permitting process, a stormwater management ordinance was required to be created. John Paulson, Environmental Specialist, presented before the Council. The purpose of the ordinance was due to the requirement of the MPCA, to protect the water resources from pollution and to improve the water quality in local waterways. The proposed ordinance addresses prohibited discharges, construction site erosion and sedinIent control, construction site waste control and post- construction stormwater management control. Mr. Paulson then reviewed a summary of the proposed ordinance. Motion by Arndt, second by Stotts, to close the public hearing. Motion carried unanimously. Kent Exner noted that at this tinIe a fee is not planned on being imposed for stormwater management, however that will be reviewed further at a later date. Motion by Arndt, second by Cook, to set second reading and adoption of Ordinance No. 07-0462 for April 24,2007. Motion carried unanimously. 8. COMMUNICATIONS. REQUESTS AND PETITIONS (a) STEVE KNISLEY AND "DREAM SHEDS, LLC" PROPOSAL Steve Knisley, 615 N. Sibley Avenue, Litchfield, Minnesota, presented before the Council. Mr. Knisely explained that he has been working with the city on developing a storage-concept development area. He reminded the Council that the directive they had given hint was to keep this development for storage only, as opposed to a small business-type of structure (i.e. plumber, electrician, painter, etc.). Mr. Knisely noted that he has received several calls from interested parties that would like to operate a service-oriented small business out of this developed area. Mr. Knisely requested of the Council again to allow small businesses to operate out of these sheds, as opposed to these individuals operating out of their home or garage. Mr. Knisely also commented on the cost of the building permits. For the type of structure he wishes to construct, a fee of $300 applies in Meeker County and other counties/cities average approxinIately $800 on the high end. The building permit in Hutchinson would cost approximately $5000 for the same structure he has constructed elsewhere. 4 . sC G\ ) CITY COUNCIL MINUTES-APRIL 10, 2007 Rebecca Bowers, Planning Director, presented before the Council. Ms. Bowers explained that the City uses estinIates from the state-recommended square footage rates. She explained that the further an applicant gets frorn the metro area, the rates should be lower. Ms. Bowers explained that she and staff would be happy to look at estinIate configurations. Mr. Knisely also commented that the City was requiring that bonding be put in place for maintenance of the grass areas. He stated that this re'luest is exclusive to Hutchinson and no other cities have required this. Mr. Knisely noted that he plans on usmg Hutchinson-based businesses to construct these sheds. Mayor Cook asked Mr. Knisely to develop a list to submit to the Council with his concerns and reconsiderations. The Council could then address his concerns at a future meeting. . Council Member Stotts asked Miles SeppeIt, EDA Director, if there were spaces available throughout the City for business owners that may wish to relocate from their home-based businesses to a separate building. Mr. Seppelt noted that there are. Mr. Sebora noted that there is a process in place and he feels that the process should be followed in this project as well (i.e preliminary plat, Planning Commission public hearing, City Council consideration, etc.). Mr. Knisely asked how he formally requests that the Council reconsider the use of storage exclusivity in the development. General discussion was held regarding the uses allowed in the 1-1 district. Ms. Bowers explained that the information given to Mr. Knisely thus far has been informal feedback regarding the storage use. Actual inIposition of restrictions would come from the application process through the conditional use permit. At this time, the direction of the Council remains the same, with preference of the sheds being for storage use only. In order for fInal decisions or restrictions to be made on the use, the applicant would have to go . through the application process. 9. UNFINISHED BUSINESS . (a) CONSIDERATION FOR APPROVAL OF APPOINTMENT OF CHRIS KOVACIC TO PLANNING COMMISSION BOARD UNTIL MARCH 2012 Mayor Cook noted that this item was tabled at the last meeting to allow the Council Members tinIe to review the applicants that had shown interest in serving on the Planning Commission. Mayor Cook noted that he thinks the application process can be reviewed, however he hopes that this appointment can be made and from this point forward the process be revised if necessary. Council Member Haugen noted that he spoke with some of the current Plannin~ Commissioners regarding the process used to make the Planning Commission appointment recommendation. The representatives he spoke to feel that the process followed is adequate. Council Member Peterson sugllested that the appropriate board recommend an appointment to forward to the MayorlCouncil for consideratIOn. Mayor Cook also suggested that the staff member that works with the board or commission be included with recommendations. Council Member Peterson also noted that she would like to see all of the applications of interested persons. Motion by Mayor Cook to aPl?oint Chris Kovacic be appointed to the Planning Commission, with the appointment process being reVised from this point forward. Second by Haugen. Council Member Stotts noted that he feels there are long standing residents and business owners that he feel would be a good fIt as well and should be considered for this appointment. Roll call vote was taken: Haugen - aye; Arndt - aye; Cook - aye; Peterson - nay; Stotts - nay. Motion carried 3 to 2. W. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF A WARDING CONTRACT TO LANDFORM TO COMPLETE HWY 7 CORRIDOR STUDY/AREAPLAN 5 s( Q.) CITY COUNCIL MlNUTES-APRIL 10, 2007 . See minutes from Item 7(a). Motion by Haugen, second by Cook, to approve awarding contract to Landform to complete the Hwy 7 Corridor Study/Area Plan, reducing the scope of the market study to a brief overview of attributes of sites appropriate for different uses. The total cost is estimated at $54,555. Haugen amended his motion to include the project cost at $60,555, which will include a full market study. Second by Cook. Motion carried unanimously. (b) DISCUSSION OF PUBLIC WORKS DEPARTMENT 2006 ANNUAL REPORT Kent Exner and John Olson presented an overview of the 2006 happenings of the Public Works group. This overview included the department reorganization, accomplishments in engineering, operations & maintenance and waterlwastewater, projects and proposed projects. 11. MISCELLANEOUS (a) COMMUNICATIONS JinI Haugen - Council Member Haugen noted that in light of property valuations that have come out, he suggested having the County Assessor attend a Council meeting to try and address how the valuations have been computed. Gary Plotz noted that the Assessor has suggested providing this information in a work shop setting. The only caveat to that would be that no discussion on specific properties could be made. Motion by Stotts, second by Peterson, to amend the meeting location for the Board of Review hearing on May 2, 2007, to the Event Center. . . Discussion was held as to the various boards that could review property valuations. Gary Plotz noted that he had read some material that indicated the Dept. of Revenue could review property valuation information. Mayor Cook asked that Mr. Plotz check into this ~echanism further. The Council requested that the County Assessor attend the Council meeting on April 24 to address how property valuations are computed. Tore SinIonsen, Clean Water Action, presented before the Council. He noted that he is in support of the Global Mitigation Act and expressed his reasonings why. . Casey Stotts - Council Member Stotts noted that the Council needs to decide how far they wish to proceed with fmding out the price of government, which includes a Budgeting for Outcomes project. Council Member Stotts noted that he personally feels that following the Budgeting for Outcomes project may lead the directors and other staff members down a road with results that the Council may not wish to implement. Council Member Haugen suggested having a workshop to discuss the Budgeting for Outcomes project. Council Member Stotts noted that he feels that the steps that have been taken thus far have been very beneficial. Council Member Peterson feels that parts of this process can pit departments against each other and suggested putting a hold on the project until the Council can meet with the BFO committee and staff members. Mayor Cook noted that the BFO committee met with the directors last week regarding the project. Additionally the directors discussed the project at their staff meeting last Monday. ~ Plotz noted that an individual from Public Strate~es met with the directors last week to provide addItional information on the budgeting for outcomes proJect. The Public Strategies representative noted she felt positive feedback from the directors, however WIth various levels of concerns in specific areas of the process. Dolf Moon noted that a couple of open houses have been held solicitingjJublic involvement to work on a result team for the project. The next session is scheduled for April 17"'. Mr. Moon noted that the BFO 6 5(1A) CITY COUNCIL MINUTES-APRIL 10, 2007 . committee is at a point where direction of the project needs to be decided ifinIplementation is going to go into effect 2008. Motion by Peterson, second by Arndt, to set a special City Council workshop on April 13, 2007, from 9:00- 10:30 a.m. to discuss the budgeting for outcomes project. Motion carried unanimously. Council Member Stotts noted that concerns over property valuations should be directed to the County Assessor's office. Gary Plotz noted that Casey Stotts is part of a committee to review the agent of record for the City of Hutchinson. Mr. Plotz inVIted an additional council member to be on this committee and listen to the proposals from those interested in serving as the agent of record. Kent Exner stated that a notice will be coming out with the utility bills regarding the water treatment plant s~ up. Mr. Ex,tJer also noted that the Hwy 7 project construction has been pushed back from starting April 16 to April 23 , if not later. This is due to the recent cold weather and road restrictions. Mayor Cook asked Mr. Exner to provide an overview of the calendar of events related to the Hwy 7 phase 2 construction project at the next Council meeting. 12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Peterson, to approve c1ainIs, appropriations and contract payments. Motion carried unaninIously. 13. ADJOURN Motion by Stotts, second by Peterson, to adjourn at 8:30 p.m. Motion carried unanimously. . . 7 5(CA~ . . . Pioneerland Library System Board March 15, 2007 Meeting Minutes The March 15, 2007, meeting of the Pioneerland Library System Board """'as called to order by Chair Paul Setzepfandt at 7:30 p.m. in the WilImar Public Libra.-y meeting room. Roll call was taken; a quorum was announced. Motion, Schweiss; second, Wangerin to approve the agenda with changes. Motion carried. Motion, Nelson; second, Beck to approve the February Board minutes. Motion carried. FINANCE COMMITTEE February Financial Report - motion to accept by Wangerin, second by Reckdahl; motion carried. See attached Approval of Bills liDd check registers - motion to accept by Wangerin, second by Wilde; rnotion carried. See attached. Board Meeting Schedule - Motion by Wangerin, second by 1. Sandberg 10 accept the proposed rneeting schedule of7 full board meetings a year and 5 Executive/Finance Meetings. Motion carried. See attached. The following months will have meetings of the full board: January, March, April, May, June, September, & November. In lieu of board meetings, there will be joint ExecutivefFinance Meetings during the months of February, July, August, October and December. 2008 (technology/automation) Budget - New Formula & PC Replacehlent Schedule PLS director Houlahan is foID1ing a committee of administration and head librarian staff to review the current formula for funding PLS automation services and bring recommended changes if necessary. The current funding formula is based on Tbe PALS automation system which has been replaced by Innovative Interface Inc, Millennium software. This same committee will also address the need to establish a PC replacement schedule for local libraries and PLS administration. Draft recommendations should be presented to the Finance Committee at their May 2007 meeting. PSP Contract - On a motion by Wangerin and Second by Hoyhtya, the board approved a PSP (Pioneerland, SAMMIE and Plum Creek) contract for Cooperative Strategic Planning and Shared Objectives Study. Tbe $4,562 contract will be paid with grant funds from the State Library. See attached. Audit Report Process -By law, Pioneerland has to submit an audit report to the State six months following the ending of their fiscal year - December 31. The finance committee decided to have the 2006 audit distributed to PLS board members during the month of April and have Auditor Scott Van Buren attend the May meeting. (D(l' ) \ . . . Annual Report - PLS's Annual Report is due April 1'". Bruce PomeraIL'1z from State Library Services confirmed board could approve the report after it had bec:n submitted. Vote on the State Annual Statistical report will be conducted at the April :n.eeting. Mileage Reimbursement Policy for Board and Non-Union Staft' - Tab led. This policy will be given to head librarians to review. Capital Purchase Policy - Tabled. This policy will be given to head librarians to review. Prairie Correctional Facility Agreement - Located in Appleton. Helpful document for Appleton's head librarian to know what responsibilities are to the prison. PCP sends an employee to the public library to get materials for prisoners. This is the second year that PLS has been asked to sign the agreement. Motion Wangerin and second from Wilde to accept the PCF contract. PERSONNEL COMMITTEE 1) New Hires - On a motion from Hoyhtya and a second from Schweiss, the appointment of Sue Hilgert as the OlivialRenville Head Librarian was approved. 2) Library Assistant 4 - Tabled until input is received from head librarians 3) Sick Leave Retirement Policy - Input from other committee members is needed. AD HOC STRATEGIC PLANNING COMMITrEE PLS has to submit a strategic plan as part of our state funding requirements. The plan has to be submitted by July I. Five to Seven PLS Board members are being sought to serve on this committee. Non-voting members of the committee will include 4 administrative staff and 3 head librarians. Jack Sandberg, Paul Setzepfandt and Barbara Hoyhtya (Current PSP committee members) were appointed. 2 additional trustees are encouraged to serve. ANNUAL MEETING Annual Award meeting will be held on April 19th in Maynard. RSVP by April 1 I. BoardlEmployee Recognition Policy - second reading. Motion to accept from Reckdahl second from Sandberg. Motion carried. See attached. Orientation for New Trustees - Scheduled for May 17 at 5pm Legislative Update - See attached Director's Report Chair Paul Setzepfandt called the meeting adjourned at 8: IOpm. Recording Secretary, Stephanie Williams ~c~) \ . MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 20, 2007 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Lynn Otteson at 5:30 p.m. with the following members present: John Lofdahl, Jim Haugen, Mike Flaata, Farid Currimbhoy and Chairman Otteson Absent: Christie Rock Also present: Rebecca Bowers, Planning Director, Marc Sebora. City Attomey, John Olson, Public Works Manager and Bonnie Baumetz, Planning Coordinator 2. CONSENT AGENDA a) Consideration of Minutes dated February 20, 2007 b) LOT SPLIT SUBMITTED BY BRUCE NAUSTDAL LOCATED IN RAVENWOOD WEST . Mr. Lofdahl made a motion to recommend approval of the Consent Agenda with staff recommendations. Seconded by Mr. Currimbhoy, the motion carried unanimously. 3. PUBLIC HEARINGS a) CONDITIONAL 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 (Tabled from February 2c1' meeting) Chairman Otteson reopened the hearing at 5:50 p.m. with the reading of publication # 7551 as published in the Hutchinson Leader on February 8, 2007. Mr. Lofdahl abstained from the discussion. Ms. Bowers commented on the request which was tabled from the February meeting. She explained the reasons for the conditional use permit. She reported staff met on-site with the neighboring property owner concerned with drainage from this property onto his property. Ms. Bowers stated staff discussed some of the potential drainage problems on the site. She commented on the areas of concem. Some of the issues have been resolved. She explained the setback of the proposed home is still an issue with the neighboring property owner. Staff recommends approval with following recommendations: . 1. Each unit must have separate water and sewer service. ~((fIr- Minutes Planning Commission - March 20, 2007 Page 2 . 2. Parkland dedication is $135.00 per unit and SAC/WAC is $2,950 per unit to be collected at the time of building pennit. 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. Discussion followed on the allowable setbacks of the neighboring home. Ms. Bowers stated the lots could have had 6 foot setbacks. She stated it is common to have a 6' setback in this type of development. Discussion followed on the past actions regarding 6' setbacks. The same request was approved for other properties over the past few years. Ms. Bowers commented on the variety of home types in the development. Research of the building permits along Hilltop Drive indicate the easterly properties were 6 foot setbacks. Mr. Olson commented on the drainage into the catch basin and a manhole in the street with sufficient drop to drain the property. He commented on the drainage from the garage roof. Options were discussed on-site were the drainage from the garage. Drainage must meet the City Engineer's approval. . Jim Tepley, 554 Hilltop Dr. asked what the setback regulations were. Atty. Sebora stated there are no set regulations in a Planned Development District. Mr. Tepley questioned if there was no standard in City of Hutchinson? He asked what the setback was on the proposed home. Ms. Bowers stated the setback will be 7' from foundation wall to the property line. Mr. Tepley stated he is concerned with drainage to the west. He reported the property to the east is 20' higher than his property and water stands on his property already in a big rain. He is concerned where the drainage will go. Mr. Tepley asked if they could build a house to a more nonnal setback. Mr. Olson, Public Works Manager, commented on the discussions from the on-site visit. He stated staff looked at the existing home to the east and the design of the home. He stated Y. to 1/3 of the garage drainage will goes to the northeast. He explained there is a 6 foot easement on each side of the property line. He reported an option with regard to grading would be to put in a block retaining wall. There may be a way to drain without block. The majority of the water will go to the rear of the property. The water should be moved towards the street. Discussion followed on the proposed and existing elevations. Mr. Olson stated the elevations are current. He noted the grade is steep in this area. He explained all drainage needs approval from City Staff. . Steve Bailey, 325 Circle Dr., Crow River Habitat, commented on the back yard grading which will be lower than the neighbor to the west. He stated they could drop the sidewalk 6 inches. ~( (A 'y2-- Minutes Planning Commission - March 20, 2007 Page 3 . Karla Cross, 555 Lincoln, Crow River Habitat, stated they would like to work with the property owners and neighbors. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 6:18 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen, the motion carried unanimously. Chairman Otteson stated she would like to add to recommendation #4 "complete appropriate drainage for the site prior to paving the driveways or sidewalks ...." Mr. Currimbhoy agreed to the change. Seconded by Mr. Haugen. The motion carried with Mr. Lofdahl abstaining. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held March 27, 2007 in the Council Chambers at 5:30 p.m. b) CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOBILE REPAIR FACILITY IN THE IIC (INDUSTRIAL COMMERCIAL) DISTRICT LOCATED AT 805 HWY 7 WEST Chairman Otteson opened the hearing at 6:20 p.m. with the reading of publication # 7563 as published in the Hutchinson Leader on March 8, 2007. . Ms. Bowers commented on the request and location. She reported on the history of past uses on the property. She stated the IIC District requires a Conditional Use Permit for all changes of use. She explained the type of business proposed for the property. She stated they are not proposing outdoor storage. She commented on the following staff recommendation: 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 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. . Ms. Bowers explained the condition for not storing abandon cars and commented on the paving of the drives and the landscaping after the Hwy 7 project is complete. She stated there will not be a huge amount of landscaping needed. She reported staff recommends approval. ~CC\ )7- Minutes Planning Commission - March 20, 2007 Page 4 . . . . Discussion followed regarding enclosed garbage and dumpster requirements. Mr. Hoops stated he plans on moving the garbage behind the office area. There was discussion on handicapped parking spaces. The applicants stated they agreed with the paved parking and driveway requirement. Mr. Hoops stated he has no problem with moving the dumpsters. He plans on being in operation within 2 months. He stated signage will be needed. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 6:28 p.m. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations1-6 and adding handicapped parking must be provided and and move dumpster to the rear of the building. Seconded by Mr. Currimbhoy, the motion carried unanimously. Ms. Otteson stated this item will be placed on the City Council consent agenda at their meeting held March 27,2007 in the Council Chambers at 5:30 p.m. c) VACATION OF UTILITY EASEMENTS LOCATED BETWEEN 1209 AND 1205 LEWIS AVENUE S.W. REQUESTED BY STEVE WADSWORTH, PROPERTY OWNER Chairman Otteson opened the hearing at 6:30 p.m. with the reading of publication # 7564 as published in the Hutchinson Leader on February 8, 2007. Ms. Bowers commented on the request and the location. She explained there are three lots involved and a proposed addition onto the easterly lot. She commented on the number of land use actions on this property including a variance. She stated this action is a request to vacate easements. She reported it appears the property owner must combine the lots to one lot to meet Shoreland district requirements. Coverage appears to be in excess of 25%. Ms. Bowers would suggest combining the 3'" lot also which would require the platting process. She commented on the complicated issues on the lots. Ms. Bowers stated there are no apparent utilities in the easements. Staff would recommend approval 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. (O(~fz- Minutes Planning Commission - March 20, 2007 Page 5 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 (D). 7. Relocation of any utility services will be at property owner's expense. . Discussion followed on the shoreland district compliance. Ms. Bowers stated the shoreland district is everything 1000 feet from the lake. . Mr. Wadsworth explained the proposed office is for home use. He would not run the business from the home office. He explained using the vacant lot to the north to be in compliance with the ordinance. He stated he does not want to combine the lots. He asked, if they are combine, can he build closer to the lake. Atty. Sebora stated any building must meet regulations. Mr. Wadsworth stated he was told the two 1209 Lewis lots were to be included in the impervious surface calculations. He stated there are restrictions on the lots and he can not sell the lot by the lake unless the house goes with it. Atty. Sebora commented on the lot coverage requirements. Mr. Wadsworth stated, in 1991, he was told he could use the 3m lot in the calculations. Discussion followed on the rules changing over the years. Ms. Bowers stated impervious surface includes all hardsurfaclng. She explained there are restrictions on the 3m lot. The restrictions include not allowing to build on the lot. There was discussion on access to the 3m lot. Discussion followed regarding the unbuildable lot. Ms. Bowers stated the shoreland ordinance is mandated by State regulations. She reported there is no supporting information regarding the case of using the 3m lot in the calculation. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Flaata, the hearing closed at 6:51 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations 1,3,4,5,6,7. He stated the applicant meets the intent of the regulation. Seconded by Mr. Flaata. The motion carried with Chairman Otteson voting nay. Chairman Otteson stated this item will be placed on the City Council regular agenda at their meeting held March 27, 2007 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) SITE PLAN SUBMITTED BY ROCKFORD CONSTRUCTION FOR CONSTRUCTION OF A FAMILY VIDEO STORE LOCATED AT 108 _1ST AVENUE N.E. . Ms. Bowers commented on the request and the straight forward application. She explained the location and proposed building, site plan and elevations. She reported there is a 0 foot building setback in the C3 district. She stated the applicants meet all requirements and comply with '0( ~P-- Minutes Planning Commission - March 20, 2007 Page 6 all City requirements. She commented on the landscaping plan recommendations from the City Forester. She stated there are minor changes in the species of trees. The recommendation is agreeable with the developer. Ms. Bowers stated staff recommends approval of the request with the following recommendations: . . 1. The proposed building and site improvements would comply with the standards of theC3 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 pennits are required prior to installation of the signage. 4 Park dedication fee of $430 will be due at the time of building permit. 5. SACNVAC fee in the amount of $5,900 (2 units x $2,950) will be due at the time of building pennit. 6. The City Forester recommends revising the landscape plan to: a) add two more shade trees at the NW and SW comer 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. Ms. Bowers stated this was a clean application. She reported the developer addressed all staff recommendations. Discussion followed on the number of accesses. The easterly access is not an alley but private. There was discussion on the Hassan Street access and the building. Doug Klang, Family Home Video, explained he is responsible for all site acquisition for Family Home Video stores. He stated he agrees with the staff recommendations and will meet or exceed requirements. He explained they will be proceeding quickly after City Council approval. He stated Hutchinson staff have been easy to deal with and this was a good experience. . Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen, the motion carried unanimously. Chainnan Otteson stated this item will be placed on the City Council consent agenda at their meeting held March 27, 2007 in the Council Chambers at 5:30 p.m. ~(fJ,)1- . . . Minutes Planning Commission - March 20, 2007 Page 7 b) DISCUSSION OF ORDERLY ANNEXATION AGREEMENTS Atty. Sebora commented on the need to share feedback. He explained the Townships are expecting a response from him and the City. He would like opinions from the Planning Commission in regard to beginning the process. Mr. Flaata stated he looked at the agreements and is not sure if this agreement would prohibit some development. Atty. Sebora stated this is the townships attorney's first try. Discussion followed on the Lynn Township agreement. Chairman Otteson stated the Lynn document is clear and precise. c) DISCUSSION OF AMENDING THE AGENDA TO INCLUDE THE PLEDGE OF ALLEGIANCE AT PLANNING COMMISSION MEETINGS Chairman Otteson commented on the Planning Commission beginning the meeting with the Pledge of Allegiance. There was discussion of other cities process. Mr. Flaata moved to amend the agenda to include the pledge. Seconded by Mr. Currimbhoy. The motion carried unanimously. d) HIGHWAY 7 CORRIDOR STUDY AND PLAN Ms. Bowers commented on the proposed study and the study area. She explained a study would help the City in protecting the highest and best uses for some of these properties along Hwy 7. She commented on the mixture of property uses along the Hwy 7 corridor. She requested the support of the Planning Commission for the study. She explained the RFP proposals are due the end of the week. She explained the Resoiution by the Planning Commission in support of the study. Discussion followed regarding the possibility of grant money for the businesses to fix up their properties along Hwy 7. Ms. Bowers stated this is a possibility when the plan is in place. There will be an impact on the property owners if there is a rezoning. Mr. Lofdahl moved to approve the resolution. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Bowers explained the City Council will be acting on an interim ordinance to do a temporary moratorium along the Hwy 7 corridor. She explained how that will affect certain properties and types of properties. The moratorium will be in place for 9 months to 1 year and may be extended by the City Council up to 18 months. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF a) PRESENTATION OF ANNUAL PLANNING, ZONING AND BUILDING REPORT BY REBECCA BOWERS WlCl )1- . . . Minutes Planning Commission - March 20, 2007 Page 8 Ms. Bowers will report on the annual report in the future. 7. ADJOURNMENT There being no further business the meeting adjourned at 7:39 p.m. lp[~ )1- 1_ 2007l~_t_~____L-___~_CITYOF IiUTCHltjSON FINANCIAL REPORT I I~~~U~ rpO~~1~ERAL~i__=~E~!~_~~~~~~:DATEYA~i~r==. A~~l~~ -R:~i~~.- ERCEN~~~! <<ES I ---T---- -----. +-__- :------3.800,66~3,800,66500 --0.00% 'L1CENSES----- -- L m - . ---4023625 _m -936--'-00 '--33:270.00 -----;j8,4bo.oo i ~ 30.00~ 74% ,CHARGES FOR SERVICES 294 FINES &FORFEITS-,------ INTERESTr::=:-~ :1 I~~~~RM~~- _ ~_ ~34 ~URCHARGES - BLDG PERMITS -=b~ FTAL -i= f~ =-+- i.."",,,,\~-j~ l~..= 0' ~:;;".... '=-e-"' "',:" J =- ..",I ,EXPENSE REPORT - GENERAL Ml!rchi March YEAR TO, ADOPTED! BALANCE~ERCENTAGE! i----l _ I--------j . __ YTD, MONTHo.ATE ~CTU.ALi BUDGET REPolAINING USED_I I - 1-------------1 -+ __-l i- eXl1__ MAv6R & -CITY COW,Jell::---- - t -- 1};o3727-1-':5i2,391--15,4530~i--=.60;198~OO .-44,744~97-- 25.67%, ~~ gPJC~~~~IST~IOR ---=F~.J~::~~:~: __25,794.68t---77,34~:~~ - 34~:~~;:: 26~:;~K;~.. -- 23:~~~1 l ~ ~~~~~~~B~~t~ENT -_-~- 1~~:~~;::~ -. ~;:~t~~- 1~,~~~:;~ ~~.~~;:~ ~;;:~~::~ ~~:~~ ~= ~~~~SING =r= _-----=- -*--36,948.79 _--=-_13,77.2~1 4(j,65005_. 2~~~ 1~~':~:~_~~:n-~ roosPLA.!'iNING-:..,_______ __ ~.458.22.. _13,222,0.5 ~_ ...Jg,246o.i;I....178,910.00 139'661J96 . _ 21.94% ~~~~~ii~~lii;~~:~E~~-.--j-.___6~m~!l--)~~i!t 6~i:m!i1 ~~J~r~.~ -~2.~I~m:H --Y:~i i 116 SAFETY COMMITTE..E... __. __ __ .. _7,030,00 __ _____ 4,520.~_20,375,Q.0__15,855,OO.. __22,_18%1 i~1%ig~~A~I~gTI@~.f.-1~~i.~--~:~~H~1~:~~:~m:m:~~ ~.. ~H~~i I~STREETS&Ai.LEYS____ _ ...:...J19,303.65_,__ 130,367.25. 344,610:12_ 1,288,242.00 _ 923,631.88- ---2I.!7%l 1160 CITY_I:!ALL_BUILDING__.__~___. 32.B!l..!! _10.393'~_1_ 31,236.0215~499.00'_12.4~82.98 .__20.09%1 ~~ii~~~~~r::~:~N'Sln-~:~H~i~:~Eit ~:E::.. ~!tm:E .. im~~-f~=~'*~i ~~~~~}ffigEN"-. ~~=~-_ ..i. _=l~~:~~G~l-;;J~~I -;~:~l~fr J~~~:~~_-.m:~~;~T=-Jf~~l ~206 RECR~TLOto.lBLJILDltolG & POOl 28,591.71' 10,40403 [ 40,241.71 ,134,450.00 [94,208.29' _ _29,9~%.l '207~VENTSfENTE~_n_______ _ ,52,953"51. 20,818.49' 62,591.16 I 234,41.0.00, _ 171,818.84, _26.7.0%1 :208_EVERGR~ENBUlcLQIIIl(L 3,644,63, 1,159,51 . 3,201.63 '16,000.00 12,798.37 [ _ _ 2001%1 '250 LIBRARY . 39,580,66 i 35.779.3142,952.07 175,634.00 132,681.93 i. . 24.46% '301-CEMETERY - 1- _u_ --- r - - 22,195.63. .7.900.04 i n 23,680.15: -142,760.00 119,079.85- - - - 16.59% ~llt';~~~'~~o:!ifi!~I,llli~;~if.i~~F --I 2502.72 35,450.27 ; 41,267.14. 2,784,451,00 . 2,723,183.66 1.49% 295.09 121,665.73 ' 29~,333.27 1,690,312.00 _ 1,390,978.73 17.71% 8667.26 4,872.75 9681.18 88,000.00 58,318.82 14.24% 0006.47 3.106.58 70.000.00 66 893.42 4.44% ~n__(29,9~.5?1 -- 40,894.66 ' 290,118.00 249,421.34 14.03% 10743.5, 6,536.00 .- 14,652.70 1,873,100.00. 1 658,447.30 0.88% . 92.72'-- (582.31 30.57 500.00 469.43 ,755.50 ---.152,027.52 471,677.04 10,726 244.00 10,254,566.00-' 4.40% - r----.---- -- _._=L __~- nun -r -- - ----- ~------ - ..--[ I . W(}.)3 .-------------re1TY OF HUTCHINS-ON FINANCIAL REPORT 1 2006' -- 2007- 200fT-um - 2007'--- ACTUAL I March YEAR TO: ADOPTEO Year to Dete' MONTH DATE ACTUAL' BUDGET" ~~~__-F m+ __ . 0.00. 0.00 0.00 3,800.66500 I i~J~~~!~~~:~:~TAt~~E~~E:-'-~W-J1 ~~~~~- ;~'~~ ~~ h 3~'~ ~ ' WHARGES FOR SERVICES 1 294.295.09' 1 FINES & FORFEITS 1- - mn - J=- 8,667.?6 IINTERE~ _____ _ i-.J.10,QO..647 REIMBURSEMENTS 34181.44 - TRANSFERS .- m_ ~ 10,743.50 -- SURCHARGES - BLOG PERMITS 92.72' -- ,TOTAL I ~--- _ f ~-- _ 4~2]55.50l' ~ I !=-:ZOQ71- - - ------- -----j- i '~M8rCf,_"l... '..---_ -_m.J_._--_ - ~::+.'."_-_--_:211~_-I,.--- 2007' 2007 ~ .... ~.---- 2oo7u 2007lm..Marchi [EXPENSE REPORT - GENERAL =i= . March M.rch YEAR TO ADOPJED.:.-----.Il.ALANCEPERCENTAGEI f~UMMAR.L_~~_ _ =-=_=--n: YTO MoNl'.J~~~ACTUAL. BUDGET _m REM~~<!'---mUS~1 . Geneml Govt. ____. ____._., 386,478.92 ..J55..Jl3QQi ~351103~ ..1,038,95l!~QO 1,603y054.34. 21.38%1 PUblic~~..__. .__ ._. _.__1.__7.27,552.28 _284,517.77 _ 790,112.26 ..,J,El6O,837.00 2,870,724.74. _21.58%1 Streets &AII~ys_........__ ____' _ _ 331c980.1~ 163,080.96 m_ 466,152 30 1~875,~0.00 11~19,307.70 24.32% Parks & R.e _creation '.j _ '_..__ ____1 ... .5.3. 5,676.031 ..1.88.41 ;3,95__ ~099.84 2~304,02?00 1 ,759,922.11 23.62% ~i9cellan",,~_ ____ _ 87,825.40, . . 64,301.~_ 13J,:311.63~ _846,967,00 I _70916!i5.37 ___16.:.21% 1_ _+__~ __.=OTAL 2,069,514.76 , 855,363.80 2,363,579.74' 10,726,244.00 i 8,362,664.26:l.. 22-,-~% ~_n . :~a--=~ in .. I -----'1 ----I 2007' I BALANCE PERCENTAGE! REMAINING USEDi 20051 1-- ----,--- March ,.. _.. 1 .. 'REVENmUE REPORT - GENERAL _-to ._.....+- -- _____L' -.,---- - -- 35,450.27' 41,267.14 2,764,451.00 2,723,163.66 1.49' 21,665.731 ------.. - 299,333.27 1,690,312.00 1,390 978.73 ..1171% 4,872.751 m 9,661.18 - 68 000.00 - 58,318.62 14.24% ~ 3,106.58 70,000.00 66,.693.42 . 4.44% 29,934:52 40.694.~~ 290,116.00 . 249 421.34 ' _1~ .8,536.00. 14,652.70 1,673,100.00 1,668 447.30 0.88' (562.31 , 30.57 500.00 469.43 0.00'1. 52,027.52 471,877.04 10,726,24:'Loo 10,254,566.96 --- 4.40% -~- =r--- __. _n.~ ..' ..,. ----- ---'.---......--..,----- --'--- --_.--- ----------- 3,800,86500 _---.!5.130.0Q 291 059 06 0.00%. ----i n68.74%i 924%J Yo' ~ ~ L ---F--=:- ---l -- I ___I 1m_ ' ' .. --- - -- ----=--=--~m-..:..:..+ ~=-------=1 ~ - ~ m--l . GC(}.)3 CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT . 19-Apr-07 March 31, 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 (commorcil 5.374% 3/1/2007 04/020/7 2,571,987.27 Wells Investmen. FHLN 5.279% 03/22/06 01/29/07 500,000.00 Edward Jones FNMA 5.00% 10/12/2006 11/23/2007 500,DOO.00 Wachovia FHLB 4.00% 5/22/2003 5/22/2013 300,000.00 . Wachovia FHLB 4.00% 6/12/2003 6/12/2013 300,000.00 Wachovia FHLB 4.000% 6/26/2003 06/26/13 400,000.00 Wachovia FHLB 4.000% 7/16/2003 7/16/2013 200,000.00 Wachovia FHLB step 5.375% 2/14/2007 8/14/2009 625,000.00 step up Wachovia FHMA 5.350% 03/16/06 09/14/07 200,000.00 Wachovia FHLB = step UI 5.330% 10/26/06 10/26/09 300,000.00 step up First Minnesota 5.180% 02/20/07 03/13/08 400,000.00 First Minnesota 4.650% 11/21/06 11/21/07 750,000.00 Home State 5.160% 03/12/07 04/26/07 500,000.00 ------ $10,342.362.27 . (O(~)~ . . . RESOLUTION 13184 APPPROVING AND AGREEING TO ENTER INTO ADMINISTRATIVE CONTRACT OF SMALL CITIES DEVELOPMENT PROGRAM FOR THE EXPANDED FRANKLIN GROVE NEIGHBORHOOD HOUSING REHABILITATION PROJECT AND APPROVAL TO EXECUTE SCDP GRANT AGREEMENT CDAP-06-0068-0-FY07 WHEREAS, the Housing and Redevelopment Authority in and for the City of Hutchinson, Minnesota has drafted an SCDP owner occupied rehab application on behalf ofthe City of Hutchinson, Minnesota, which has been approved for funding; WHEREAS, the expanded Franklin Grove Neighborhood Housing Rehabilitation Project will be funded via the Small cities Development Program administered by the Minnesota Department of Employment and Economic Development; NOW THEREFORE BE IT RESOLVED that the City of Hutchinson, Minnesota hereby approves the Hutchinson BRA administer the Small Cities Housing Program on behalf of the City of Hutchinson; and that the City of Hutchinson enter into such administrative contract with the BRA. BE IT FURTHER RESOLVED that the City of Hutchinson approves execution of the Small Cities Development Program Grant Agreement from the Minnesota Department of Trade and Economic Development. Adopted by the City Council this 24th day of April, 2007. Steve Cook Mayor ATTEST: Gary D. Plotz City Administrator GJHRAlDTED & SCDP Programsl2007/CC Resolution Approving HRA Admin Contract ~(b) \ . Hutchinson HRA Memo Too Mayor and City Council From: Jean Ward, HRA Executive Director Date: AprU 11, 2007 ReI Consideration of Resolution to approve Hutchinson HRA administration of SCDP Project CDAP-06-0068-0-FY07 Owner Occupied Rehab and City Revoiving Rehab Loan program for SCDP program/ generated income and execution of Small Cilles Development Program Grant Agreement CDAP-06-0068-0-FY07 . The Department of Employment and Economic Developmenl has approved our SCDP appllcallon to rehab twenty homes In the expanded Franklin Grove NeIghborhood. In order to proceed with the project we will need to execute the grant agreement and approve the administrative contraCt between the City of Hutchinson and Hutchinson HRA. For your Infonnatlon, the administrative contract was approved at the Aprll17, 2007 HRA Board ~ng. Attached for your review and consideration Is: 1. An updallld administrative contract between the City of Hutchinson and the Hutchinson HRA that was Intllally approved on August 13, 2002 for the orIglnal Franklin Grove Nelghborhood SCDP project. 2. The State of Minnesota Department of Employment and Economic Development Small CIties Development Program Grant Agreement # CDAP~-FY07. 3. Resolutton to Approve Administrative Contract and Execution of Grant Agreement. The next steps are to Invite pre.appllcants In the target area to submit a full appllcallon, obtain project environmental clearance. and update our Owner Occupied Rehabllllallon Procedural Guidelines. Our goal Is to start owner occupied rehab construction In mllkumrner. Thank you for your consIderation of these Items. . 1 o ( b] , STATE OF MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT BUSINESS AND COMMUNITY DEVELOPMENT DIVISION . Small Cities Development Program Grant Agreement CDAP-06-0068-0-FY07 This Agreement is made on April 2, 2007 between the Slate of Minnesota acting Ihrough the Department of Employment and Economic Development (hereinafter the Grantor) and the City of Hutchinson, III Hassan Slreel Southeast, Hutchinson, MN 55350-2522 (hereinafter the Granlee). The Grantor has been allocated funds by the United States Department of Housing and Urban Developmenl under the Community Development Block Grant Program and is aulhorized to administer the funds pursuant to Minnesota Statutes l16J.40l(2). Under Minn. Stat. l16J.402, the Grantor is empowered to enter inlo contracts as necessary to perform the Commissioner's duties. The Grantee has made application to Ihe Grantor for Small Cities Developmenl program funding, this "APPLICATION," is incorporaled inlo this agreemenl by reference. In consideration of mutual promises set forth below, the parties agree as follows: The Grantor shall grant 10 the Grantee the total sum of THREE HUNDRED THIRTY FIVE THOUSAND TWO HUNDRBD DOLLARS ($335,200), which shall be federal funds appropriated to the State of Minnesola under the Community Development Block Grant Program. The Grantee shall perform Ihe activities that are proposed in the ilication and further are. specified under Granl Conditions during Ihe period from April 2, 2007 through December 31, in accordance WIth all apphcable proVISIOns of Title 1 of the Housmg and Community Development Act of 1974, as a ended, its implemenling regulalions particularly federal statutes idenlified in Title 24 of the Code of Federal Regulations, Part 570, "Implementation Manual" provided by Grantor and all other applicable slale and federal laws. Grantee agrees to complete the project in accordance with Ihe approved budget and within the time frames specified in the application and agreement. Any change in the scope of the project, the budget, or the completion date musl be approved in writing by the Grantor. Funds made available pursuant to Ihis agreement shall be used only for expenses incurred in performing and accomplishing such purposes and activities during the grant period described above. Notwithstanding all other provisions of this agreement, it is underSlood that any reduction or termination of Housing and Urban Developmenl funds provided to Ihe Grantor may resul1 in a like reduction to the Grantee. Where provisions of the Granlee's applicalion are inconsistenl wilh other provisions oflhis agreement, Ihe olher provisions of this agreement shall take precedence over the provisions of Ihe application. . loCO) ) Grant Number: Project Title: CDAP-06-0068-0-FY07 Hutchinson Housing GRANT CONDITIONS -. 2. 3. 4. 5. . .. The following activities, goals, and budget costs are approved by Ihe Grantor. must have written Grantor approval prior to implementation. Number of Any modifications 10 the budgel Fed. Obj Activity # Activity Title Unit Goal Number of LMI SCDP Funds Other Funds Total persons served 20 persons served 20 LMH l4A 2lA Owner Rehab. General Administration Total 20 $292,200 $43,000 $335,200 $194,800 $0 $194,800 $487,000 $43,000 $530,000 Successors and Assilmees: The Granlee may neither assign nor transfer any rights or obligalions under Ihis grant contract without the prior consenl ofthe Grantor and a fully execuled granl agreement execuled and approved by the same parties whom executed and approved the grant, or their successors in office. This agreemenl shall be binding upon any successors or assignees ofthe parties. Amendments: Any amendmenl to this agreement must be in writing, and shall be executed by either the same persons who executed the original agreemenl, Iheir successors in office, or by those persons authorized by Ihe Grantee and approved by the Grantor. Waiver: If the state fails to enforce any provisions of this grant agreement that failure does nol waive Ihe provisions or its right to enforce it Pre-Agreement Costs: Exemplion to incur administrative cosls for this granl is hereby given. Such costs are those Ihal are necessary to comply with the proposed delivery schedule. This exemption does not include the award of construction conlracls prior 10 environmental clearance. 7. Environmental Comoliance: Unless the Grantor indicates otherwise, the Grantee is required to conduct an environmental review on projecl activilies, to comply with the National Environmenlal Policy Act of 1969 (NEPA), as amended. Disbursement of funds will nol occur unlil Grantee has provided assurances Ihat all NEP A requirements will be met Environmental factors requiring phased or "tiered" reviews after the general environmental clearance (hisloric, floodplain, etc), must be completed prior to committing funds for Ihe activity, and documentation on those factors must be maintained in the environmental review record (ERR) or projecl activity files. If the Granlor detennines Ihal the completion of the environmental review is nol within a reasonable limeframe, Ihe Grantor may cancel this Agreement and revert funds. A reasonable timeframe will be delermined on a case-by-case basis by the Granlor. Timeliness: The Grantor will cancel this Grant Agreement and revert funds if il delermines Ihat Ihe start and expected completion of the project is not within a reasonable timeframe. A reasonable timeframe will be determined on a case-by-case basis by the Grantor. Drug-Free WorkolacelDrug-Free Workplace Awareness Program: The Grantee agrees to provide a Drug-Free workplace by nOlifYing employees Ihat unlawful manufaclure, distribution, dispensalion, possession or use of a controlled substance is prohibited in the Grantee's workplace and specifYing actions thaI will be laken against employees for violalion of such prohibition. The Granlee must also establish a Drug-Free workplace awareness program 10 inform employees aboul the dangers of drug abuse, Ihe availability of drug counseling and penallies for violations of the Drug-Free workplace poliey. 8. Excessive Force Policv: The Grantee agrees to adopt and enforce a policy to prohibil the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations (P.L. 101-144, Section 519). 2 W(b) \ 10. Residential Anti-displacement and Relocation Assislance Plan: The Grantee agrees 10 adopt, make public and follow a "residential anti-displacemenl and relocation assistance plan" in accordance with Section 104(d) of the Housing and Cornmunity DevelopmentAcl of 1974, as amended. This plan must include Sleps to minimize . displacement of residenls caused by project aClivities. II. Fair Housing: Grantee agrees 10 abide by and promote all Fair Housing Regulations during !he years the grant is open. Activities must be reported on forms provided by !he Granlor annually. 12. Policies: Prior to beginning rehabilitation activities, Granlee must have their policies, procedures and forms on file, which are consistent wilh what is stated in !heir awarded application. In addition, all policies and forms must adhere to federal and/or state requirements. 13. Federal Labor Standards: When applicable, Grantee must comply with all federal Davis Bacon and Related Act requiremenls and must submit forms required by !he Grantor before using granl funds 10 pay contraclors or subcontraclors. 14. Lead Based Painl Hazards: Grantee and its subcontractors must comply wi!h the federal requirements set forth in 24 CFR Part 35, and wi!h Grantor's lead based paint policy. All residential rehabilitation projects in which lead hazards have been identified must have licensed lead supervisors unless a management plan has been submitted and approved by the Grantor. IfprojeClS exceed $25,000 in federal assislance, or if activities constitute abatement, lead hazard removal work musl be completed by licensed supervisors and licensed workers. 15. . 17. . Upon the availability of funding, Granlees must utilize HUD's Lead Hazard Control Grant (LHCG) funding or olher such funds made available through !he Small Cities Programs, for eligible rehabilitation projects. Reoorting: Granlee shall submit reports annually while the grant is open, to Grantor. All o!her reports must be in accordance wilh the reporting requiremenls set forth in Minnesola Rule 4300.3200. Granlee shall use Ihe forms provided by the Grantor. Accounling: For all expenditures of funds made pursuant to Ibis agreemenl, Granlee shall keep financial records, including invoices, contracts, receipts, vouchers, and other documents sufficienl to evidence in proper detail the nature and propriety of the expenditure. Accounting melhods shall be in accordance wi!h "The Common Rule," Uniform Administralive Requirements for Grants and Cooperative Agreements to State and Local Governments, at 24 CFR, Part 85, as amended. Procurement of Professional Services: The Grantee must maintain documentation thaI shows thaI professional services were procured in accordance wilh "The Common Rule," Uniform Administrative Requirements for Grants and Cooperative Agreements 10 State and Local Governments, al 24 CFR, Part 85, as amended. Professional services nol procured in lhis manner are ineligible. Services obtained from units of governmenl such as HRA, RDC, or for-profit and/or nonprofit organizations do nol have to be procured by compelitive negotiation, but conlracts for these services musl only be on a cosl-reinIbursement basis, accounted for in accordance wilh "The Common Rule." 18. Audit and Insoection: The Granlee shall comply with the requirements of the Single Audit Acl Amendments of 1996 (P.L. 104-156). Accounts and records related to the funds provided under this agreement shall be accessible to authorized representatives of !he Grantor for purposes of examination and audit. In addition, Granlee will give the U.S. General Accounting Office, the U.S. Department of Housing and Urban Developmenl, State of Minnesola, Department Of Employment and Economic Developmenl, the Legislative Auditor, and Stale Auditor's Office, through any aulhorized representatives, access to and Ihe right to examine all records, books, papers, and documents relaled to !he grant for a mininIum of six years from the end of this Granl Agreement. 19. Liability: Granlee agrees to indemnify and save and hold Grantor, its agents and employees harmless from any and all claims or causes of action arising from the performance oflhe Granl by Grantee or Grantee's agents or employees. This clause shall not be construed to bar any legal remedies Granlee may have for !he Grantor's failure to fulfill its obligations pursuant to Ihis Agreement. Data Practices Act: The Grantee shall comply wilh the Minnesota Govemmenl Data Practices Acl, Chapter 13. 20. 3 (0(0) \ 21. Conflict of Interest: The Grantee shall comply with the conflict of interesl provisions of Minnesota Stalules Sections 471.87-471.88, and Subpart K of24 CFR, Part 570.611 of the Code of Federal Regulalions. 22.pavmenllDisbursements: Grantor shall disburse funds 10 the Granlee pursuant to this agreement, based upon a ayment request submitted by the Grantee and reviewed and approved by Ihe Granlor. Paymenl requests shall be reviewed and processed on a bi-weekly calendar provided by Grantor. The amount of grant funds requesled must be two thousand dollars ($2,000) or more (except for the final draw), equal 10 the amount of unpaid obligations (rounded to the nearest dollar), and minus any Generated Income in the Grantee's possession at the time Ihe payment request is submitted to the Grantor. DEED has the authority 10 hold back the finallen percent (10%) oflhe Grantee's eligible administrative budgel unlillhe Granlee has provided assurances to Grantor that project aClivities have been completed and all requiremenls have been met 23. Generated Income: Generaled Income is any income received by a granlee or a sub-recipient as a result of the aClivities supported by State of Minnesota Small Cities Developmenl Program (SCDP) funds. Generated Income must adhere to the following condilions. a) Generated Income can only be used for SCDP approved activities, or relumed to DEED. b) All Generated Income earned on the activilies when the grant is open must be used on grant aClivities, by subtracting the amount eamed from the next disbursement c) Grantee agrees to have a plan on file for the use of generated Income earned after grant closeout d) After closeout, any generated Income and inleresl earned must be tracked and reported by year received on a form provided by the Grantor. e) After closeout, any generated Income that is not used within 2 years from the reporting year received must be relumed 10 the State of Minnesota, Small Cities Development Program. t The Granlee must comply with Minnesota Stalutes, Section 290.9705 by either: A. Depositing with the Slate, eight percent of every payment made to non-Minnesota construction contractors, where the contracl exceeds $100,000; or B. Receiving a waiver from Ihis requiremenl from the Minnesota Departmenl of Revenue. 25. Anti-Lobbving: The Grantee must not use SCDP funds to pay any person for influencing or attempting to influence an officer or employee ofa federal agency, a member of Congress, an officer or employee of Congress, or any employee of a member of Congress in connection with the awarding of any federal contracl, Ihe making of a federal granl, the making of a federal loan, the entering into of any cooperative agreement, and Ihe eXlension, continualion, renewal, amendmenl, or modification of any federal contract, grant, loan, or cooperative agreement If the Granlee uses non-federal funds 10 conduct any oflhe aforementioned activities, the Grantee must complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying." Further the Grantee musl include Ihe language oflhis provision in all contracts and subconlracts and all contractors and subcontractors must comply accordingly. 26. Equal Emplovment Opportunity: Grantee must include Executive Order 11246 (Standard Federal Equal Employment Opportunity Construclion Contract Specifications) in all direct Granlee bidding documents and contract documents for which construction costs exceed $100,000. 27. Section 3: Grantee musl include the Section 3 Clause ~ 135.38, nolice regarding economic opportunities for low and very low income persons in all Grantee bidding and conttacl documents for which the construction costs exceed $100,000. . 4 (o(p) \ 28. Uniform Relocalion Assistance and Real Property Acquisition Policies Act: Permanent easements ofland required for any public facilities improvement made using SCDP funds, or in conjunclion with SCDP activities, must be acquired in conformance wi!h the provisions of the Uniform Relocation Assistance and Real Property Acquisilion . Policies Acl of 1970, as amended (49 CFR 24). Budget modification, if necessary 10 achieve compliance, must be approved in writing by the Granlor. Unless otherwise approved in writing by Grantor, use of SCDP funds 10 purchase real property is limiled to the value established by appraisal(s) conducted in accordance with !he Uniform Relocalion Assistance and Real Property Acquisilion Policies Acl of 1970, as amended. Reuse of real property thaI is acquired wilh SCDP funds must be approved by Grantor. 29. Special Assessmenls: No public facilities activity funded in whole or in part with granl funds may be financed through assessments without Granlor approval. Release of SCDP funds for projects where SCDP funds will be used to pay assessments on behalf of income- qualified households, is contingent on special assessment hearing approval of !he funding for !he public facililies activity. 30. Provision for Contracts and Subcontracts: Grantee shall include in any contract or subcontracl, in addition to the provisions to define a sound and complele agreement, such provisions as 10 assure contractor and subcontractor compliance with applicable slate and federal laws. Since CDBG funds may nol be used - directly or indirectly - to employ and/or award contracts to or engage in services by any conlractor or sub-recipient, Grantees are required to verify Ihat all contractors, subcontraclors and sub-recipients are nOllisted on !he Federal publication !hallisls debarred, suspended and ineligible conlraclors. Evidence of this determination must be readily available 10 !he Grantor throughoul the life of !he project. 32. Reduction in Actual Costs: On projects Ihat involve construclion of public facilities or new housing, if bids are lower Ihan eSlimated project costs, Grantee must contact Grantor to delermine whether Ihe grant award from leveraged resources should be reduced by a proportionale share of !he cost savings. Termination and Cancellation: This Grant may be canceled by !he Grantor al any time, upon thirty (30) days written notice to the Grantee. In !he event of such cancellation, Grantee shall be enlitled 10 paymenl, determined on a pro rata basis, for work or services satisfactorily performed. 31. . 33. Workers Compensation: The grantee certifies Ihat it is in compliance wi!h Minnesota Statute 176.181 Subd.02, pertaining 10 worker's compensation insurance coverage. The Granlee's employers and agents will nol be considered stale employees. Any claims that may arise under Ihe Minnesota Worker's Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any acl or omission on !he part of !hese employees are in no way the State's obligation orresponsibility. 34. Governing Law, Jurisdiction and Venue: Minnesota law, wi!houl regard to its choice for law provisions, governs this grant contract. Venue for all legal proceedings out of this grant conlract, or its breach, musl be in !he appropriale state or federal court wilh competent jurisdiction in Ramsey County, Minnesota. The Grantor and Grantee acknowledge their assent to this agreement and agree to be bound by ils terms Ihrough Iheir signatures entered below. 35. . 5 ~(\1) \ GRANTEE: We have read and we agree 10 all of th.ve provisions of this agreement By Title Date By Title Date . City of Hutchinson Grant #CDAP-06-0068-0-FY07 . WPshare/A wllros/l007 AWllrds/2007Contracts.doc STATE OF MINNESOTA by and through the Department of Employment and Economic Development By Title DEPUTY COMMISSIONER Date ENCUMBERED: Department of Employment and Economic Development By (Name) Dale Encumbered [Individual signing certifies that funds have been encumbered as required by Minnesota Slatute l6A.] 6 ~(b) \ . . . ADMINISTRATIVE CONTRACT BY AND BETWEEN CITY OF HUTCHINSON, MINNESOTA AND HOUSING AND REDEVELOPMENT AUTHOROITY IN AND FOR THE CITY OF HUTCIDNSON THIS CONTRACT for Administrative Services is between the City of Hutchinson, MN hereinafter referred to as the "City" and the Housing and Redevelopment Authority In and For the City of Hutchinson, Minnesota, hereinafter referred to as the "HRA". WITNESSETH: In consideration of the mutual convenience and agreements contained herein, the City and the HRA agree as follows: 1. This contract will commence on April 2, 2007 and will continue until terminated by either party according to Paragraph XVII. II. The HRA agrees to act as the administrative agent for the City of Hutchinson to inIplement the City's Owner Occupied Housing Rehab Program for the Franklin Grove Extended Neighborhood funded through the Small Cities Development Program. In addition, all program income/generated income from all Housing SCDP programs will be administered by the HRA. ill. The HRA will receive financial reinIbursement from the general administrative fees associated with t] grant delivery functions from the City of Hutchinson's Small Cities Development Program funds. IV. As the administering agent for the above described grant, the HRA agrees to perform all tasks enumerated below in a manner which will meet or exceed the terms and conditions inIposed upon the City in the Small Cities Development Program Grant Agreement dated the 2nd of April, 2007, copies, which are attached as Exhibit A. A. Citizen Participation. Comply with all State and Federal participation requirements. B. Compliance with Federal Regulations. Ensure that the following Federal acts or regulations are complied with: 1. Title VI of the Civil Rights Act of 1964 (p.L> 88-352) which provides that no person in the United States shall on the grounds ofrace, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 2. Title vm of the Civil Rights Acts of 1968 (p.L. 90-284), known as the Fair Housing Act of 1968, which provides that it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States and prohibits any person from discrimination in the sale or rental of housing, the financing of housing, or the provision of brokerage services, including in any way making unavailable or denying a dwelling to any person because of race color, religion, sex or national origin. I lPlb)\ . . . C. Project Planning. Coordinate the preparation of program guidelines, contacts, budgets, and other agreements in a manner consistent with applicable State and Federal laws and regulations for all project activities. D. Implementation. . The HRA will implement programs authorized under the Small Cities Development Program Grant within the respective limitations of the grant monies provided and/or in accordance with State and Federal requirements. 1. Homeowner Rehabilitation Financing: Develop procedural guidelines for homeowner rehabilitation and inIplement them in accordance with Federal and State Standards. This would include, but not be limited, to determination of eligibility, and coordination with housing partners; i.e., lenders, contractors, and homeowners. E. Coordination of other funding sources for the project. The HRA will coordinate other applicable programs for the project such as the deferred loan program and home improvement loan program from Minnesota Housing Finance Agency, Southwest Minnesola Housing Partnership and rehabilitation loans through Rural Development. F. Compliance with Equal Opportunity Regulations. Ensure that compliance with Section 3 of the Housing and Urban Development Act of 1968, Federal Equal Employment Opportunity Act and Executive Orders, and Civil Rights Acts of 1964 is maintained. Also responsible for all Fair Housing and Equal Opportunity recordkeeping requirements by the State of Minnesota. G. Financial Recordkeeping and Control. Keep complete and accurate records of all clain1s and disbursements in accordance with the following procedures: 1. The HRA will examine each claim and verify that the work has been done and/or materials actually provided for the project. 2. Requisitions for the checks will be prepared by the HRA and submitted to the City Finance Director for payment. 3. The City will issue all checks. 4. The HRA will submit a voucher and supporting documentation to the City Finance Director for review who will obtain proper signatures and submit requisitions to the State. v. The City and HRA mutually agree that a mortgage shall be executed in the name of the City of Hutchinson as mortgagee for each loan of monies provided under the Small Cities Development Program to individuals for the purpose of home rehabilitation. In regard to such mortgages and assignments, the HRA shall prepare all documents and obtain all 2 LP(~ \ . . . necessary signatures required for proper execution of such documents and file a secured interest with the McLeod County Recorder's Office. VI. For the purposed of this contract, the HRA shall be deemed an independent contractor and not an employee of the City. Any and all employees of the HRA or other persons who engages in the performance of any work or services required by the HRA under this contract, shall not be considered employees of the City and any and all clain1s that mayor might arise on be half of said employees or other persons as a consequence of any act or admission on the part of said employees or the HRA shall in no way be the obligation or responsibility of the City. VII. The HRA will subcontract with Mid-Minnesota Development Commission to provide inspections, work write-ups, lead assessment and clearances, and construction oversight in the inIplementation of the grant program. VIII. The HRA specifically agrees to comply with the requirements of24 CFR 135.20 and to provide such copies of said regulations as may be necessary for the information of parties to contracts as required to contain the Section ill clause as set forth in 24 CFR 135.20. IX. Any alteration, variation, modification, or waiver of the provisions of this contract shall be valid only after is has been provided in writing, duly signed by both parties, and attached to the original of this contract. x. The waiver of any of the rights and/or remedies arising under the terms of this contract on any occasion by either party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of this contract. The rights and remedies provided or referred to under the terms of this agreement are cumulative and not rnutually exclusive. XI. This contact shall constitute the entire agreement between the parties and shall supersede all prior or written negotiations. XII. The City shall have full access to all records relating to the performance of this agreement. Xli. In performing the provisions of this contract, the HRA agrees to comply with all Federal, State, or local laws all applicable rules, regulations, or standards established by any agency of such governmental units which are now or hereafter promulgated. XIV. In consideration of the prompt and efficient carrying out of the above, the City agrees to reinIburse the BRA, dollar for dollar, for its administrative and project related costs in carrying out the above activities up to an amount not to exceed the maxinIum allowable as specified by the State of Minnesota, Department of Trade and Economic Development, Community Development Division. During the term of the contract, said monies are to come solely from the General Administration funds totally available for the 3 (0(17)\ . administration for the City of Hutchinson's Small Cities Development Program, Expanded Franklin Grove Neighborhood Rehabilitation Project. Accurate record of administrative costs shall be kept by the HRA and billings shall be made at such tin1es as are convenient to implement the City's requisition of funds from the State of Minnesota For the purposes of this contract, administrative and project related costs are defined as follows: . A. SalarylBenefit costs actually incurred by the HRA for time in all phases of the Project. B. Mileage, supplies, training, single audit act requirements, and publication costs . C. Proportionate share of allowable overhead expenses according to the HRA's approved indirect cost allocation plan upon adoption of such plan by the HRA Board. D. Costs incurred by the attendance at applicable Small Cities Development conferences within the terms of this contract, including registration fees and travel expenses. Conference attending shall be for the purpose of gaining additional information on community development and regulations and program implementation. . E. Approved fee of $2, 150 per owner occupied rehab project to cover project administration duties including, but not limited to, applicant and loan file, HQS inspection, lead inspection, work write-ups, lead clearance testing, construction inspection fees, bid solicitation, contract administration, and draw requests. XV. Should any of the above provisions be subsequently determined by a court of competent jurisdiction to be in violation of any Federal or State laws or to be otherwise invalid, both parties agree that only Ihose provisions so adjudged shall be invalid and that the remainder of this contract shall remain in full force and effect. XVI. ANTITRUST. Contractor (BRA) hereby assigns to the State ofMinttesota any and all c1ainIs for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. . XVII. The City reserves the right to terminate this contract if the HRA inexcusably fails to perform any of the provisions hereof. Such termination shall occur thirty (30) days after receipt by the HRA of written notice specifying the grounds thereof, unless, prior to that date, the HRA has cured the alleged non-performance of the provisions of this contract. The HRA may terminate this contract with thirty (30) days written notice. 4 tJ;(\?)\ . IN WITNESS WHERE OF, the parties here to have caused this contract to be duly executed. . . CITY OF HUTCHINSON BY: MAYOR, CITY OF HUTCHINSON BY: ATTEST: BY: CITY ADMINISTRATOR BY: HOUSING & REDEVELOPMENT AUTHORITY IN & FOR THE CITY OF HUTCHINSON, MN HRA CHAIRPERSON HRA EXECUTIVE DIRECTOR G:IHRAIDTED & SCDP Programs/2007 SCDP/ADMINCONTRACT 5 to( ~) \ RESOLUTION NO. 13186 CITY OF HUTCHINSON . RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR F350 Pick Up $26,572 Replacement Wastewater Yes Jay Malone Motors . .e following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR 8,500 gallons $19,669 Use by MnDOT, Utilities HATS Yes Cenex Hutchinson Co-op Unleaded & City vehicles Date Approved: Resolution submitted for Council action .otion Made By: Seconded By: by: <<.10)1- . . . CITY OF HUTCHINSON RESOLUTION NO. 13187 APPROVING USE OF EXCESS BOND FUND WHEREAS, the City of Hutchinson has set a goal of fiscal responsibility for use of Excess Bond Fund (9250 Special Assessment Bonds), and; WHEREAS, said the use of said funds reduces the need for increases in tax levies to considered proj ect. and; WHEREAS, the Hutchinson City Council has reviewed proposed uses of the Excess Bond Fund as of March 2007, and; WHEREAS, after council review the following uses were identified: . Crow River Dam Replacement matching funds: $700,000 . Highway Seven & School Road Trail Underpass matching funds:$250,000 . Fire Truck 2006 authorized purchase: $287,291 TOTAL $1,237,291 and; NOW THEREFORE, be it resolved by the City Council of the City of Hutchinson approves the use of the $1,237,291 From the Excess Bond Fund as reviewed and presented. a<.l'll:! Adopted by the City Council this l;8h day of April 2007. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator lp(~ ORDINANCE NO. 07- 0460 . AN INTERIM ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON CERTAIN LAND USE ACTIONS FOR A SPECIFIED AREA WITHIN THE IDGHW AY 7 CORRIDOR STUDY AREA WHEREAS, Minnesota Statute 462.355, Subd. 4, authorizes a mWlicipality that is considering adopting or amending officialland use controls to adopt an interim ordinance restricting certain land uses for an initial period not to exceed 6 mon1hs; and WHEREAS, the City of Hutchinson desires to conduct a study on existing and future land uses in the study area identified on Attaclunenl B, in order 10 effectively address changing land uses and development plans along Highway 7; and WHEREAS, the City ofHulchinson finds il is in the bestlong term inleresl of the City to delay certain land use actions and decisions in the area specified on Attaclunent A Wltil the corridor study and plan are compleled; and WHEREAS, the City of Hutchinson is desirous of adopting an interim ordinance as provided by Minnesota Statule 462.355, Subd. 4, for Ihe purpose of protecling the planning process and the health, safety and welfare of its citizens during the preparation and consideration ofland use controls involving the subjecl area; NOW THEREFORE THE CITY OF HUTCHINSON DOES HEREBY ORDAIN THAT: . 1. The City of Hutchinson adopts an interim ordinance in accordance wilh Minnesota Statute 462.357 establishing a 6-month moratorium on certain land use actions within Ihe area identified on Attaclunent A Wlder the following terms: a) The moratorium will apply 10 all wning districts and property within Ihe specified area, as identified on Attaclunent A, excepl as specifically exempted by this ordinance. b) The moratorium will apply 10 all land use actions in the study area that require City approval, including rezonings, preliminary and [mal plats, variances, site plans, lot splits, and conditional use permits, except as specifically exempted by this ordinance. c) The moralorium does not apply to applicalions 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 (Condilional Commercial) districts for existing buildings. d) The moralorium does nol apply 10 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 nol apply 10 land use approvals previously granled or in effecl at Ihe time oflhe adoption of this ordinance. f) This interim ordinance may be terminated or modified by motion of the City Council prior to its stated expiration dale. Adopted by the City Council this 24th day of April, 2007. ATTEST: . Mayor Steven W. Cook Gary D. Plotz, City Administrator ~ (b) ~ . . . ATTACHMENT A " 2~8 8=1 l~-- ~_.L~r~1 II ~~ri rr-:~ L i I ~.=tj ~:.:p FT"'=- ~~, tI · rrri:u, ' , .'.c..J s~ .~t' 'I '. ", IIlI1, " 1_' ,'--I' ~ I-~ ,~" I . ' ~[j "f-::J E~3 l=:H i:::l en {,E ':::::::-- ~,_ j t:.L FB 1- -i _n{:..-:j f~:3 I~,d '-=.),r::J ,-{ ,rn:' .-" r_" ,1 pt-l r- 1=, '.__'~ ,n-l--I NC-~ I' ,c " c, ,.-{ ,,'._' I'-j-~ d I I .-~"C, '-'ff ," nt:' L1--i ,r..,'I"" irl-'-,': ::~1 . ' W""i T-i 1::E;' =+ - EB t.'7-1 I ~,.-__"--i.-J f;..L;: >------i " (,.,~ r tj'! -{ " >'!"~ I,:J'T ~ ,--iL l i- ' ,.'. +--, ,I , ,I ".....;L.j c..F:J rr'~.. 'j -j r I "j".1 l!;T" f'l ,::t--lbt ,!-r~' '. 'r</ t r-rj t~\lf'~/ ,., J '" !:l0//~('1\";:> ,r' r' .' Ie i 01' ' ,.. lJ...C':' v ,(-7'/7T~ II h 'i. i"'" i Ii T'c, '\.1;"--'/" .<. I' "~.. '''ij~~J'I~:~ . 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MEMon.ANDUj\,1 DATE: April 17 , 2007, for the April 24, City Council Meeting TO: Hutchinson City Council FROM: Kent Exner, City Engineer John Paulson, Environmental Specialist Rebecca Bowers, Planning Director SUBJECT: Stormwater Ordinance Reauested Action: Approval to publish a summary ordinance to create and enact Title 5, Chapter 54 of the City of Hutchinson Code of Ordinances, relating to Storm Water Management. Backaround: At the April 10, 2007 City Council meeting, the Council approved the Stormwater Management ordinance. The ordinance will take affect after the second reading is approved at the April 24th meeting and the ordinance is published. Due to the large size and cost of publishing the full ordinance, staff has prepared a summary ordinance to be published. The proposed summary for the Storm Water Management o"rdinance is attached. State Statues require the City Council to approve publishing of a summary ordinance with a 4/5 majority. Approval to publish the summary ordinance can be included with the second reading of the ordinance. Attachments: Storm Water Management Summary Ordinance toCo )~ r.>... ~,; . . . Surnrnary Ordinance for the City of Hutchinson Amending City Code to Create and Enact Title 5, Chapter 54 Storm Water Management The City of Hutchinson has adopted Ordinance 07-0462 to create and enact Title 5, Chapter 54 of the City of Hutchinson Code of Ordinances, entitled Storm Water Management. The following is a summary of the adopted ordinance: The purpose of the ordinance is to provide regulations to protect water quality and address concems regarding storm water management. The ordinance addresses illicit discharges, construction site erosion, sediment controls, and best management practices to be inIplemented during construction to reduce the potential for pollution. Regulations are provided for construction site waste control and post construction storm water management practices to allow for continued proper operation of storm water controls such as storm sewers and pon~. The ordinance also provides rer-a stormwater management plan application, review and approval standards. Effective Date: This ordinance becomes effective upon its passage and publication according to law. The ordinance was adopted unanimously by the City Council on April 24, 2007. A copy of the complete ordinance is available for review at the Hutchinson City offices, located at 111 Hassan Street S.E. If you have questions, contact John Paulson, Enviromnental Specialist, at (320) 234-5682. Submitted by: Rebecca Bowers Planning Director ltJ(b)~ ORDINANCE NO. 07- 0462 AN ORDINANCE TO CREATE AND ENACT TITLE 5. CHAPTER 54 OF THE CITY OF HUTCHINSON CODE OF ORDINANCES, RELATING TO STORM WATER MANAGEMENT THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: . SECTION 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to create and enact Title 5, Chapter 54 of the City of Hutchinson Code of Ordinances, relating to Storm Water Management. SECTION 2. Chapter 54 of Title 5: Storm Water Management Is hereby enacted to read as follows: CHAPTER 54 STORM WATER MANAGEMENT Section General Provisions. 54.01 Purpose 54.02 Definitions 54.03 Scope 54.04 Management of Site Vegetation Storm Wster Management Plan - Application and Review. 54.10 Application and Content 54.11 Review Process 54.12 Duration 54.13 Conditions . Storm Water Management Plan - Approval Standards. 54.20 General 54.21 Minnesota Storm water Manual 54.22 ModelslMethodologies/Computations 54.23 Storm Water Management Criteria for Permanent Facilities 54.24 Operation. Maintenance and Inspection 54.25 Easements 54.26 Plan Applicability 54.27 Plan Amendments NPDES Permit 54.30 NPDES Permit 54.31 Construction Plans and Specijications 54.32 Construction Activities Suspensions, Revocations and Stop Work Orders. 54.40 Storm Water Vloiatlons and Reporting 54.41 Emergency Suspension 54.42 Non-Emergency Revocation of a Plan 54.43 Notification Enforcement, Penalties and Noncompllence Fee. 54.50 Enforcement, Penalty and Noncompliance Fees 54.51 Cost of Damage 54.52 City Attorney's Fees and Costs 54.53 Falsifying Information 54.54 Penalties . 54.55 Severability Page 1 ~l0)~ . . . GENERAL PROVISIONS ! 54.01 PURPOSE. This chapter sets forth uniform requirements for storm water management systems within the City of Hutchinson. In the event of any conflict between the provisions of this chapter or other regulations adopted by the City of Hutchinson, McLeod County, State or Federal authorities, the more restrictive standard prevails. The objectives of this chapter are as follows: A. To promote, preserve, and enhance the natural resources within the City of Hutchinson from adverse or undesirable Impacts occasioned by development or other activities. B. To protect and promote the health, safety, and wellare of the people and property through effective storm water quantity and quality management practices. C. To regulate land development activity, land disturbing activity, or other activities that may have an adverse and/or potentially irreversible impact on storm water quantity, water quality and/or environmentally sensitive lands and to encourage compalibility between such uses. D. To establish detailed review standards and procedures for land development activities throughout the City of Hutchinson, thereby achieving a balance between urban growth and development and the protection of water quality. E. To provide for adequate storm water syslem analysis and design as necessary to protect public and private property, water quality and existing natural resources. This Chapter applies in the City of Hutchinson, Minnesota and to persons outside the City who are, by contract or agreement with the City, users of the City storm water management system. Except as otherwise provided herein, the City Engineer shali administer, implement, and enforce the provisions of this Chapter. ! 54.02 DEFINITIONS. For the purpose of this chapter, the following terms, phrases, and words, and their derivatives, shall have the meaning as stated in this section. When inconsistent with the context, words used in the present tense include the future tense. Words in plural number include the singular number, and words in the singular number include the plural number. The word "shali" is always mandatory and the word "may" is always permissive. APPLICANT. Any person or group that applies for a building permit, subdivision approval, zoning change, approach, excavation or special use permit, storm water plan approval, or any other permit which aliows land disturbing activities. Applicant also means that person's agents, employees, and others acting under this person's or group's direction. The term "applicant" also refers to the permit holder or holders and the permit holder's agents, employees, and others acting under this person's or group's direction. BASE FLOOD or REGIONAL FLOOD or l00-YEAR FLOOD. The flood having a one percent chance or probability of being equaled exceeded in any given year (i.e., 100-year flood) - also referred to as the regional flood or 1 OQ-year flood. BEST MANAGEMENT PRACTICES (BMP). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water, including; construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by federal, state, or designated area-wide planning agencies. BMP's. Measures designed to 1) prevent poliutants from leaving a specllic area; 2) reduce/eliminate the introduction of poliutants; 3) protect sensitive areas or 4) prevent the interaction between precipitation and pollutants. A protective vegetated zone located adjacent to a natural resource, such as a water of the state that is subject to direct or indirect human alleration. Such a buffer strip is an integral part of protecting an aquatic ecosystem through trapping sheet erosion, filtering poliutants, reducing channel erosion and providing adjacent habitat. Page 2 (P(\Q)c; . . . BUFFER. The buffer strip begins at the "ordinary high water mark" for wetlands and the top of the bank of the channel for rivers and slreams. This start point corresponds to the Minnesota Department of Natural Resources' definition of a "shoreline" in Minnesota Rules 6115.0030 (e.g. a stream 30 feet in width between banks with 100 foot buffer strips has a total protected width of 230 feet.) CITY. The City of Hutchinson or the City Council of the City of Hutchinson. CITY ENGINEER. The City Engineer of the City of Hutchinson or authorized agent. The City Engineer may require a third party Engineer's service at the applicant's expense. COMMON PLAN OF DEVELOPMENT OR SALE. A contiguous area where muitiple separate and distinct land disturbing activities may be taking place at different times, or on different schedules, but under one proposed plan. This item is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur. CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution, see also Best Management Practices. COUNCIL The City Council of the City of Hutchinson. DETENTION FACILITY. A natural or manmade structure, including wetlands, used for the temporary storage of runoff and which may contain a permanent pool of water, or may be dry during times of no runoff. DEVELOPMENT. Any land disturbance activity that changes the site's runoff characteristics in conjunction with residential, commercial, industrial or institutional construction or aiteration. DEVELOPER. A person, firm, corporation, sole proprietorship, partnership, federal or state agency, or political subdivision thereof engaged in a land disturbance and/or land development activity. DISCHARGE. The release, conveyance, channeling, runoff, or drainage, of storm water, including snowmeit. DRAINAGE EASEMENT. A right to use the land of another for a specnic purpose, such as a right-of-way for the movement of water across or under the iand surface or the storage of water. EROSION. Removing the surface of the land by the action of water, wind, Ice, or gravity. Erosion can be accelerated by the activities of man and nature. EROSION CONTROL. Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanenl cover, and construction phasing. EROSION & SEDIMENT CONTROL PLAN (E&S CONTROL PLAN). A written description and/or plan indicating the number, iocations, sizes, and other pertinent information about best management practice methods designed to reduce erosion of the land surface and the deposition of sediment within a. waterway. An E&S Control Plan Is required as part of a Storm Water Management Plan. Both the Storm Water Management Plan and E&S Control Plans are used in developing the State mandated Storm Water Pollution Prevention Plan (SWPPP). An E&S Control Plan may be required for certain projects not requiring a full Storm Water Management Plan, as outlined in this ordinance or determined necessary by the City Engineer. EXPOSED SOIL AREAS. All areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. It does not include temporary stockpiles or surcharge areas of clean sand, gravel, concrete or bituminous, which have less stringent protection. Once soil is exposed, it is considered "exposed soil," until it meets the definition of "final stabilization." FINAL STABILIZATION. Means that all soil disturbing activities at the site have been completed, and that a uniform (evenly distributed, e.g., without large bare areas) perennial vegetative cover with a density of seventy (70) percent of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed, Simply sowing grass seed is Page 3 ~(b)6 not considered final stabilization. Where agricu~uralland is involved, such as when pipelines are bui~ on crop or rangeland, final stabilization constitutes returning the land to its preconstruction agricu~ural use. - HYDRIC SOILS. Solis that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part of the soil profiie. HYDROPHYTIC VEGETATION. Macrophytic (large enough to be observed by the naked eye) plant i~e growing in water, soil, or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. IMPERVIOUS AREA. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas; and concrete, asphalt, or gravel parking lots and roads. LAND DEVELOPMENT ACTIVITY. The act of subdivision or platting properties for personal use, adding value or for the purposes of resale. This includes the conslruction andlor demolition of buildings, structures, roads, parking lots, paved storage areas, and similar facilities. LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the City's jurisdiction, including construction, clearing & grubbing, grading, excavating, Iran sporting and filling of land. Within the context of this ordinance, land disturbance activity does not mean: 1. Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs, and maintenance work, which will not result in sediments entering the storm water system. . 2. Additions or mod~ications to existing singie family structures that resu~ in creating under five thousand (5,OOO) square feet of exposed soil or impervious surface and will not resu~ In sediments entering the storm water system. 3. Construction, Installation, and maintenance of trees, fences, signs, posts, poles, and electric, telephone, cable television, utility lines or individual service connections to these utilities, which resu~ in creating under five thousand (5,OQQ) square feet of exposed soil or impervious surface and will not result in sediments entering the storm water system. 4. Tilling, planting, or harvesting of agricu~ural, horticultural, or silvicultural (forestry) crops. 5. Emergency work to protect lITe, 11mb, or property and emergency repairs, unless the land disturbing activity would have otherwise required an approved erosion and sediment control plan, except for the emergency. ~ such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the City's requirements as soon as possible. LANDOWNER. Any person holding title to or having a divided or undivided interest in land. LOCAL DETENTION. Detention intended to serve only the developing area in question and no areas outside of the developmenl boundaries. As such it is under the control of one owner or group of owners. This is also known as on-site detention. LOCAL DRAINAGE SYSTEM. The storm drainage system which transports the minor and major storm water runoff to the major storm water system serving only the property within the development boundaries, under the control of one owner or group of owners. This is also known as the on-site drainage system. MANAGEMENT PRACTICE. A practice or combination of practices to control erosion and water quality degradation. . NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER PERMIT. Any permit or requirement enforced pursuant to the Clean Water Act as amended for the purposes of regulating Storm Water discharge. Page 4 to( b~S NATURAL WATER. A river, stream, pond, channel or ditch. NONCOMPLIANCE FEE. The administrative penalty, or fee, for re-inspection of a property which may be assessed to a Permittee, Land Owner, Developer or their Contractor(s) for noncompliance with the provisions and/or conditions of an approved storm water plan and/or permit or the violation of any other provisions contained in this storm water ordinance. . NATIONWIDE URBAN RUNOFF PROGRAM (NURP). An urban runoff study by the United States Environmental Protection Agency. ON-SITE DETENTION. a.k.a Local Detention System. ON-SITE DRAINAGE SYSTEM. a.k.a Local Drainage System. OUTLET. Any discharge point, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface water or groundwater. OWNER OR OCCUPANT. Any person owning or using a lot, parcel of land, or premises connected to and discharging Storm Water into the storm water system of the City, and who pays for and is legally responsible for .the payment of storm water rates or charges made against the lot, parcel of land, building or premises, if connected to the Storm Water system or who would payor be legally responsible for such payment. PERMANENT COVER. Means "final stabilization.' Examples include grass, gravel, asphait, and concrete. See also the definition of "final stabilization.' Any buildings, structures, landscaping and related features as part of a development project approved for construclion or constructed prior to the passage of this ordinance. PERMANENT CONSTRUCTED DEVELOPMENT PERMANENT FACILITIES. Those features of a storm water management plan which are part of any natural or constructed storm water system that requires periodic maintenance to retain their operational capabilities. This includes but is not limited to storm sewers, infiltration areas, detention areas, channels, streets, etc. . PERMIT. With in the context of this rule a "permit" is a written warrant or license granted for construction, subdivision approval, or to allow land disturbing activities. PERMITTEE. Any person who applies for and receives approval of a storm water pian and/or permit from the City and/or State. PERSON. Any developer, individual, firm, corporation, partnership, franchise, association, owner, occupant of property, or agency, either public or private. PROHIBITED DISCHARGE. A non-storm water discharge Into the storm water system or a natural water, including but not Iim ited to: 1. Debris or other materials such as grass clippings, vegetative materials, tree branches, earth fill, rocks, concrete chunks, metal, other demolition or construction materiais, or structures. 2. The disposal or misuse of chemicals or any other materials that would degrade the quality of waters within the system, inciuding, but not limited to chemicals (fertilizers, herbicides, pesticides, etc.) or petroleum based products (gasoline, oil, fuels, solvents, paints, etc.). 3. Erosion and sediment originating from a property and deposited onto City streets, private properties or into the storm water conveyance system, including those areas not specifically covered under an approved Storm Water Management Plan or Storm Water Permit. . 4. Failure to remove sediments transported or tracked onto City streets by vehicles or construction traffic within 24 hours of it being deposited on the street. 5. For the purposes of this ordinance, Prohibited Discharges do not Include the following, unless information is available to indicate otherwise: Page 5 (o(b') 6 . A. Water line flushing; B. Landscape irrigation; C. Diverted stream flows; D. Rising ground water; E. Uncontaminated ground water infiltration; F. Uncontaminated pumped ground water; G. Discharges from potable water sources; H. Foundation drains; I. Air cond~ioning condensate; J. Irrigation water; K. Springs; L. Water from crawl space pumps; M. Footing drains; N. Lawn watering; O. Individual residential car washing; P. Fiows from riparian hab~als and wetlands; Q. De-chlorinated swimming pool discharges and R. Street wash water PUBLIC STORM SEWER. A storm sewer located entirely within publiciy owned land or easements. REGIONAL DETENTION. Detention facilities provided to serve an area outside the development boundaries. A regional detention s~e generally receives runoff from multiple storm water sources and serves an area of approximately one quarter section. REGIONAL FLOOD. a.k.a. Base Flood or 100-year flood RETENTION FACILITY. A natural or man made structure that provides for the storage of all or a portion of storm water runoff. . RUNOFF. The rainfall, snowme~, dewatering, or irrigation water flowing over the grounds surface and into open channels, underground storm sewers, and detention or retention ponds. SEDIMENT. Solid material or organic material that, In suspension, is being transported or has been moved by air, water, gravity, or ice, and deposited at another location. SEDIMENT CONTROL. The methods employed to prevent sediment from leaving the development site. Examples of sediment control practices include, but are not lim~ed to si~ fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. SIGNIFICANT REDEVELOPMENT. Alterations of a property that changes the "footprint' of a site or building in such a way that resu~s in the disturbance of over one (1) acre of land. This term Is not intended to include activ~ies, which would not be expected to cause adverse storm water quality Impacts and offer no new opportunity for storm water controls, such as exterior remodeling. SITE. The entire area included in the legal description of the parcel or other land division on which the land development or land disturbing activity is proposed in the storm water plan or perm~ application. STABILIZE. To make the s~e steadfast or firm, minimizing soil movement by mulching and seeding, sodding, landscaping, placing concrete, gravel, or other measures. STABILIZED. The exposed ground surface after it has been covered by sod, erosion control blanket, riprap, pavement or other material that prevents erosion. Simply sowing grass seed is not considered stabilization. Ground surfaces may be temporarily or permanently stabilized (also see Final Stabilization). . STATE. The State of Minnesota. STORM SEWER. A pipe or condu~ for carrying storm waters, surface runoff, and drainage, excluding sewage and industrial wastes. Page 6 (olio)? STORM WATER. Means precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. Storm water does not include construction site dewatering. . STORMWATER DEPRESSED DETENTION. Temporary storage of storm water runoff in ponds, parking lots, grassy areas, rooftops, buried underground tanks, etc., for future or controlled release. Used to delay and attenuate flow. STORM WATER MANAGEMENT. The planned set of public policies and activities undertaken to regulate runoff and reduce erosion, and maintain or improve water quaiity under various specified condttions within various portions of the drainage system. It may establish criteria for controiiing peak flows and/or runoff volumes, for runoff detention and retention, or for pollution control, and may specify criteria for the reiative elevations among various elements of the drainage system. Storm water management is primarily concerned with limiting future flood damages and environmental impacts due to development, whereas flood control aims at reducing the extent of flooding that occurs under current conditions. STORM WA TER MANAGEMENT CRITERIA. Specific guidance provided to the engineer/designer to carry out drainage and storm water management policies. An example might be the specification of local design hydrology and use of the design storm. STORM WATER MANAGEMENT PLAN. A document containing the requirements identified by the Clty in the Storm Water Management Plan Appiication and Review section of this Chapter, that when implemented will provide solutions to storm water management problems that may occur as a result of the proposed development or land disturbing activity. STORM WATER MANAGEMENT SYSTEM. Physical facilities that collect, store, convey, and treat storm water runoff in urban areas. These facilities normaily include detention and retention faciltties, streets, storm sewers, inlets, open channels, and special structures, such as inlets, manholes, and energy dissipaters. . . STORM WATER POLLUTION PREVENTION PLAN (SWPPP). A joint storm water and erosion and sediment control plan that is written as a prerequistte to obtaining an NPDES Storm Water permtt for Construction Activity, that when Implemented will decrease soil erosion on a parcel of land and off-site non-point pollution. It involves both temporary and permanent controls. The SWPPP, which draws tts information from a Storm Water Management Plan and is typically condensed, must be incorporated into the construction grading plans for the project. STORM WATER RETENTION STRUCTURE. Storage designed to eliminate or reduce the frequency of subsequent surface discharge. Wet ponds are the most common type of retention storage (though wet ponds may also be used for detention storage). Anything manufactured, constructed, or erected which is normally attached to or posttloned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas. SUBDIVISION. Any tract of land divided Into building lots for private, public, commercial, induStrial, etc. development for the purpose of sale, rent, or lease, including planned untt development.' SYSTEM CHARGE OR ASSESSMENT. A charge for connecting an outiet to a regional storm water management facillty, typically a pond. The charge is normally assessed to recover the proportional cost of constructing a regional pond or storm water treatment facility. TEMPORARY PROTECTION. Short-term methods employed to prevent erosion. Examples of such protection are straw, mulch, erosion control blankets, wood chips, and erosion netting. UNDEVELOPED LAND. Land that in its current state has not been impacted by significant land disturbance activities, annexed into the Clty or subdivided into muitiple ownership lots and is typically zoned agricultural. URBAN AREA. Land associated with, or part of, a defined clty or town. This tttle of the Clty Code applies to urban or urbanizing, rather than rural areas. . USER. Any person who discharges, causes, or permtts the discharge of storm water into the City's Storm Water management system. Page 7 (0(\0)0 VIOLATION. The willful or negligent act of noncompliance with the condttions attached to an approved storm water plan and/or permtt, or any other provisions contained in this ordinance, subject to enforcement and penalty or noncompliance fees. . WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificiai, public or private, which are contained wtthin, flow through, or border upon the state or any portion thereof. WATERCOURSE. The natural path for the flow of water where there is sufficient natural and accustomed runoff to form and maintain a distinct and defined channel or an open channel facility that has been constructed for such purpose. This shall include any easements obtained for the purposes of runoff conveyance. WET POND A.K.A. WET DETENTION FACILITY. A Retention Facility which includes a permanent pool of water used for the purposes of providing for the treatment of storm water runoff. WATERSHED MASTER PLAN. A plan that an engineer/designer formulates to manage urban storm water runoff for a particular project or drainage area. It typically addresses such subjects as characterization of the existing and future stte development, land use, and grading plan, peak rates of runoff, flow duration, runoff volumes for various return frequencies, locations, criteria and sizes of detention or retention ponds and conveyances; runoff control features; land parcels, easement locations, opinions of probable costs, measures to enhance runoff quality, salient regulations, and how the plan addresses them, and consistency wtth secondary objectives such as public recreation, aesthetics, public safety, and groundwater recharge. It may be submitted to regulatory officials for their review for adoption. WETLANDS. Lands that transition between terrestrial and aquatic systems (excluding drainage dttch bottoms) where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following three attributes: 1. A predominance of hydric soils; . 2. Are inundated or saturated by the surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and 3. Under normal circumstances support the prevalence of such vegetation. t 64.03 SCOPE. A. Prohibited Discharges. It shall be considered an offense for any person to cause or allow a Prohibited Discharge into Waters of the State, including the Ctty storm water system, or any naturai water. B. Land Disturbing Activlty Requiring A Storm Water Management Plan. Any person, firm, sole proprietorship, partnership, corporation, state agency, or poittical subdivision proposing subdivision or plat approval, a building permit or any iand disturbance activlty greater than 1 acre wtthin the City must submit a State issued NPDES permtt and Storm Water Pollution Prevention Plan to the City Engineer unless a waiver is provided in accordance wtth this Section. No subdivision approval, plat approval or building permtt shall be issued until a State NPDES permit and Storm Water Pollution Prevention Plan or a waiver of the approval requirements has been approved by the City Engineer in strict conformance with the provisions of this chapter. No land shall be disturbed until the permit is approved by the Clty Engineer and conforms to the standards set forth herein. A Storm Water Management Plan may also be required in some sttuations as determined by the City Engineer, [i.e., development within an existing subdivision wtth documented flooding problems associated wtth storm water runoff]. . Exemptions to the Storm Water Management Plan requirements of this section include: Any part of a subdivision that is included in a plat that has been approved by the Clty Council and recorded with the Register of Deeds on or before the effective date of this chapter. A Storm Water Permit for land disturbing activtties on such properties may still be required, as determined by the Clty Engineer, and such activities are stiil subject to other compliance requirements in accordance with this chapter. Page 8 (p( b)0 1. A Storm Water Management Plan is generally not required for Individual lots or properties located within a subdivision or plat for which a Storm Water Management Plan has already been approved. This exemption is subject to the Clty Engineer's consideration and approval; . 2. A parcel for which a building permtt has been approved on and/or before the effective date of this chapter and an NPDES/SDS Permit was not required; 3. Any land disturbance activlty not associated with building construction that will affect less than 1 acre of undeveloped land. 4. Emergency work to protect life, 11mb, or property. C. Land disturbing activity involving the construction of a single-family or two-family dwelling. Construction of single family or two family dwellings must comply wtth In place approved BMPs and any existing permitted SWPPP for the subdivision, including NPDES/SDS Permtt requirements and Subdivision Agreement. Compliance wtth the Single Family Residential Construction Erosion/Sediment Control Standards is required. D. Installation and repair of utillty service lines. 1. At project sites that require permtt coverage where a utillty contractor is not the stte owner or operator, each utiltty contractor must comply wtth the provisions of the storm water pollution prevention plan (SWPPP) for the project their construction activtties will impact. Each utillty contractor must ensure that their activtties do not render ineffective, the erosion prevention and sediment control best management practices (BMPs) for the stte. Should a utillty contractor damage or render ineffective any BMPs for the site, the owner must ensure such BMPs are repaired or replaced within seven (7) days of completion of utillty Installation on the site. . 2. At project sites where a utillty contractor is the stte owner or operator, and the utility company disturbs one or more acres of soil for the purpose of installation of utility service lines, including but not limtted to residential electric, gas, telephone and cable lines, the utillty company must apply for permit coverage from the state prior to commencement of construction. 3. Utility contractors working in a street right-of-way to repair existing or install new utilities and disturbing less than one acre are required to provide appropriate inlet protection and sediment control during the course of the work so as to ensure the storm sewer system is protected from pollution. The utility contractor is also required to provide street sweeping as necessary to insure that sediments resulting from their activity do not enter the storm water system following construction. The street shall be swept wtthin (1) working day of completion of utility installation on the stte. All disturbed vegetation shall be replaced with seed or sod within seven (7) days of completion of utility installation on the site. The Clty will provide guidance regarding acceptable temporary protection BMPs for inlets and methods to stabilize the exposed soil areas until they meet the definttion of final stabilization. E. Waivers. The Clty Engineer may waive any requirement of this chapter upon making a finding that compliance with the requirement will involve an unnecessary hardship, and the waiver of such requirement is not contrary to the objectives in this section. The City Engineer may require as a condition of the waiver, such dedication or construction, or agreement to dedicate or construct, as may be necessary to adequately meet the said standards and requirements. t 54.04 MANAGEMENT OF SITE VEGETATION. Any Landowner shall provide for the installation and maintenance of vegetation on their property in accordance with the following criteria, regardless as to whether or not a Storm Water Management Plan has been approved or is necessary under this Chapter: A. Use of Impervious Surfaces. No person shall apply items included in the definttion of "Prohibtted Discharge' on impervious surfaces or wtthin storm water drainage systems wtth impervious liners or condutts. . Page 9 ~(b)c; B. Unimproved Land Areas. Except for driveways, sidewalks, patios, areas occupied by structures, landscaped areas, or areas that have been otherwise improved, all areas shall be covered by plants or vegetative growth. . c. Use of Pervious Surfaces. No person shall depostt grass clippings, ieaves, or other vegetative materials, with the exception of normal mowing or weed control, wtthin natural or man made Watercourses, Wetlands, or wtthln Wetland Buffer areas. No person shall depostt ttems included in the definition of 'Prohibited Discharge' except as noted above. Failure to compiy wtth this section of the Chapter shall constttute a violation and subject the Landowner to the enforcement provisions, penalties and noncompliance fees outlined in the Suspensions, Revocations, and Stop Work Orders section of this Chapter. STORM WATER MANAGEMENT PLAN -APPLICATION AND REVIEW t 64.10 APPLICATION AND CONTENT A written Storm Water Management Plan shall be filed with the City Engineer as required by this Chapter. The Storm Water Management Plan shall include a statement indicating the grounds upon which the approval is requested, that the proposed use is permitted in the underlying zoning district, and adequate evidence showing the proposed use will conform to the standards set forth In this chapter and the Minnesota Storm water Manuai (hereinafter referred to as the Manual). Prior to seeking approval of a Storm Water Management Pian, it is recommended that the Storm Water Management Plan be reviewed by any affected pubiic agencies. Two sets of legible copies of the drawings and required information shall be submitted to the City Engineer at the time of plat approvai or when applying for a building permtt. Plans shali be prepared to a scale appropriate to the site of the project and suitable for performing the review. . At a minimum, the Storm Water Management Plan shall contain the following information. A written Storm Water Management Report discussing the pre and post development hydrologic and hydraulic analysis, erosion and sedimentation control during and after construction, protective measures for proposed and existing structures, and water qualtty concerns shall also be provided. For additional Information refer to the Storm Water Management Plan Approval Standards section of this Chapter. t 54.11 REVIEW PROCESS A Storm Water Management Plan meeting the requirements of this Section shall be submitted to the Ctty Engineer for review and to determine tts compliance wtth the standards as outlined in the Storm Water Management Plan Approval Standards section of this Chapter. The City Engineer shall approve, approve wtth conditions, or deny the Storm Water Management Plan. If a particular storm water management plan involves a complex application or has the potential for significant controversy, the City Engineer may bring the proposed Storm Water Management Plan before the Clty Council for consideration and public comment. The Clty Engineer may also require that the proposed Storm Water Management Plan be reviewed by a third party Engineer at the applicant's expense. t 64.12 DURATION . Approvai of any pian submitted under the provisions of this Chapter shall expire one year after the date of approvai unless construction has commenced in accordance wtth the plan. However, if prior to the expiration of approval, the appiicant makes a written request to the City Engineer for an extension of time to commence construction setting forth the reasons for the requested extension, the City Engineer may grant one extension of not greater than one year. The City Engineer shall acknowledge receipt of any request for an extension and shall make a decision on the extension wtthin thirty (30) days of receipt. Any expired and/or revised plan may be resubmitted following the same procedure for an original approval. Any denied or expired plan may be resubmitted wtth addttional information addressing the concerns contained wtthin the denial. The resubmitted application shall be SUbject to the applicable review time lines. Page 10 (Q(~'Y7 t 64.13 CONDITIONS . A Storm Water Management Plan may be approved subject to compliance wtth condltions reasonable and necessary to ensure that the requirements contained in this chapter are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of structures, drainage facillties, storage basins and other facilities, require replacement of vegetation, establish required monltoring procedures, stage the work over time, require alteration of the site design to ensure proper buffering, require the acquisition or dedication of certain lands or easements, and require the conveyance to the Cltyof Hutchinson or other public enttty of certain lands or interests therein for storm water system facUities. The City Engineer may specify special requirements or condltions for specific major or minor watersheds wtthin the City and its extraterritorial jurisdiction. The nature of these requirements will be subject to the unique environmental and natural resource environment of each sub watershed. Approval of a plan shall bind the applicant to perform and comply wlth all the requirements and conditions of the plan prior to commencing or concurrent wtth any land disturbing activltles. STORM WATER MANAGEMENT PLAN - APPROVAL STANDARDS t 64.20 GENERAL This section describes the approval standards used to evaluate a proposed Storm Water Management Plan. The Clty Engineer shall not approve a Storm Water Management Plan, which fails to meet these standards. Other applicable standards, such as state and federal standards, shall also apply. If the standards of different agencies conflict, the more restrictive standards shall apply. It shaU be the Applicants responsibility to obtain any required permits from other governmental agencies having any jurisdictional authority over the work to be performed. Typically, such agencies Include, but are not limlted to McLeod County, the Minnesota Department of Natural Resources, the Minnesota Department of Transportation, the Minnesota PoUution Control Agency, the State Historical Preservation Office, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, Federal Emergency Management Agency, and others. The Clty may choose to obtain some of the required permlts. The applicant will be notified which permits are to be obtained by the Clty. . t 64.21 MINNESOTA STORMWATER MANUAL The Minnesota Storm Water Manual, contains the principal standards and design criteria for deveioping an effective and acceptable Storm Water Management Plan. The Manual contains an overview of Minnesota Storm Water Management Policy and design objectives as well as a detailed discussion of the required contents for Storm Water Management Plans submitted to the State for approval. The Manual contains detailed criteria for hydrologic evaluations, the design of storm water management system facility components, water quality protection standards, instructions for the development of an erosion and sedimentation control plan. The Manual also contains a discussion of operation and maintenance requirements, standard forms to be used, and standard construction details approved by the State. t 64.22 MODELS/METHODOLOGIESlCOMPUTATIONS Other than those outlined in the Manual, any hydrologic models and/or design methodologies used to determine runoff conditions and to analyze storm water management structures and facUlties, shall be approved in advance by the Clty Engineer. All Storm Water Management Plans, drawings, specifications, and computations for storm water management facillties submitted for review shall contain a validated seal and shall be signed by a Professional Engineer registered in the State of Minnesota. t 64.23 STORM WATER MANAGEMENT CRITERIA FOR PERMANENT FACILITIES Storm water control facilities included as part of the final design for a Permanent Development; shall be addressed in the Storm Water Management Plan and shall meet the following criteria: . A. Pre Versus Post Hydrologicai Response of Slte. An applicant shall install or construct, on or for the proposed land disturbing activlty or development activity, all storm water management faciltties necessary to manage runoff such that increases in flow under the design condltions will not occur that couid exceed the capaclty of the Outlet, or the Storm Water Management System, into which the site Page II (Q(b}) . discharges or that would cause the Storm Water Management System to be overloaded or accelerate channel erosion as a result of the proposed land disturbing activlty or development activity. Under no circumstances shall the 2, 10, or 100-year developed peak flow exceed the 2, 10, or 100-year existing peak flow without prior written approval by the City Engineer. For Regional Detention or Storm Water Management System, the City Engineer shall recommend a proposed System Charge or Assessment to be approved by the City Council based upon an approved Watershed Master Pian and an analysis of required drainage systems, projected costs and flood protection benefits provided to those properties directly or indirectly impacted by the Regional Detention or Storm Water Management System. B. Natural Features of the Slte. The applicant shall give consideration to reducing the need for Storm Water Management System facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, naturai swales and depressions as they exist before development to the degree that they can accommodate the addltional water flow without compromising the integrlty or quality of these natural features. c. Storm Water Management Strategies. The following Storm Water Management practices shall be investigated when developing a Storm Water Management Plan in accordance wtth this chapter and wlth chapter 53.129 of the Clty of Hutchinson City Code of Ordinances: 1. Natural infiltration of precipltation and runoff on-site, if sultable soil profiles can be created during slte grading. The purpose of this strategy is to encourage the development of a Storm Water Management Plan that encourages natural infiltration. This includes, providing as much natural or vegetated area on the site as possible, minimizing impervious surfaces, and directing runoff to vegetated areas rather than onto adjoining streets, storm sewers and ditches; 2. Flow attenuation by use of open vegetated swales and natural depressions; 3. Storm Water Detention facillties; and 4. Storm Water Retention facillties (on a case by case basis). . 5. Other facillties requested by the Clty Engineer. A combination of successive practices may be used to achieve the applicable minimum control requirements specified. Justification shall be provided by the applicant for the method selected. D. Adequacy of Outlets. The adequacy of any Outiet used as a discharge point for proposed Storm Water Management System must be assessed and documented to the satisfaction of the Clty Engineer. To the extent practicable, hydraulic capacities of downstream natural channels, storm sewer systems, or streets shall be evaluated to determine if they have sufficient conveyance capaclty to receive and accommodate post-development runoff discharges and volumes wlthout causing increased property damages or any increase In the established base flood elevation. If a fiood plain or f100dway has not been established by the Federal Emergency Management Agency, the applicant shall provide a documented analysis and estimate of the base flood elevation as certified by a Professionai Engineer registered in the State of Minnesota. In addition, projected veloclties in downstream natural or manmade channels shall not exceed that which is reasonably anticipated to cause erosion unles~ protective measures acceptable to the City Engineer are approved and installed as part of the Storm Water Management Plan. The assessment of Outlet adequacy shall be included in the Storm Water Management Plan. E. Storm Water Detention/Retention Facilities. Storm Water Detention or Retention facillties proposed to be constructed in the Storm Water Management Plan shall be designed according to the most current practices as reflected in the Nationwide Urban Runoff Program study. t 54.24 OPERATION, MAINTENANCE AND INSPECTION . All Storm Water Management Systems shall be designed to minimize the need for maintenance, to provide easy vehicle (typically eight (8) feet or wider) and personnel access for maintenance purposes, and to be structurally sound. All Storm Water Management Systems shall have a plan of operation and maintenance that assures continued effective removal of pollutants carried in Storm Water Runoff. The Clty Engineer may inspect all public and private Storm Water Management Systems at any time. Inspection records will be kept on file at the City Engineer's Office. It shall be the responsibility of the applicant to obtain any necessary easements or Page 12 (p( b)~ other property interests to allow access to the Storm Water Management System for inspection and maintenance purposes. The City Engineer shall retain enforcement powers for assuring adequate operation and maintenance activlties through permlt condltions, penalties, noncompliance orders and fees. . t 64.25 EASEMENTS Easements may be required as conditions to the Issuance of a Storm Water Management Plan approval. If a Storm Water Management Plan involves directing some or all of the site's runoff to a drainage easement, the applicant or his designated representative shali obtain from the property owners any necessary easements or other property interests concerning the flowing of such water. t 54.26 PLAN APPLICABILITY A Storm Water Management Plan approvai issued under this chapter runs with the land and is a condltion of plat or development approval. Any Landowner or subsequent Landowner of any parcei wlthin the plat or development area must comply with the plan or any approval, condition, revision or modification of the Plan. The Landowner must also comply with all applicable State Subdivision Registration, Permlt Transfer/Modification and Notice of Termination Permlts and provide a copy of the permit applications to the Ctty for approval. Failure to compiy wlth this Plan shall constltute a violation and subject the Permittee, Developer, and/or Landowner to the enforcement provisions, penalties and noncompliance fees. t 64.27 PLAN AMENDMENT Storm Water Management Plans may be amended only by a written request submitted to the Ctty Engineer. This request shall contain the reason for the change and documentation related to any additional change in projected impacts, which may resuit from amendment approval. Amendment requests submitted prior to final approval of a plan application shall be considered part of the original submittal. Amendment requests filed after Plan approval shall be considered following the same procedures as If it were a new application and subject to applicable review periods. . NPDES PERMIT t 54.30 NPDES PERMITS It is unlawful to initiate any land development activity, land disturbing activity, or other activlties which may result in an increase in storm water quantities, degradation of storm water qualtty, or restriction of flow in any storm sewer system, open dltch or natural channel, storm water easement, water body, or wetiand outlet wlthin the jurisdiction of the Ctty, without having first complied with the terms of this chapter. Other activlties include those outlined In ~ 54.03. A. Permit. All persons subject to meeting the requirements and needing to obtain a NPDES permlt shali apply for coverage and file a copy with the City Engineer. The permit will be accompanied by a Storm Water Management Plan as prescribed under the Storm Water Management Plan Application and Review section of this chapter, if such a plan has not been previously approved. Permit applications may be denied if the applicant is not In compliance with the NPDES permlt currently in effect. Commencing earthwork on a project prior to plan or permit approval is considered a violation of this chapter. B. Permlt Delays. The Ctty Engineer may withhoid granting approval of a permlt until all issues associated with the slte are resolved to the satisfaction of the Ctty Engineer. Permits may be condltioned with delays such that work cannot begin until a specified date or until after the slte is inspected. C. Permlt Amendments. NPDES Permlts may be amended (by applicant) only by a written request submitted by the Permittee to the State. This request shall contain the reason for the change and documentation related to any additlonai impacts, which may result from amendment approval. A copy of the request will be submitted to the Ctty Engineer within seven days of the submittal to the State. The State approved amended permit will aiso be submitted to the City Engineer wtthln seven days of receipt. . Page 13 (g('o )~ D. Permlt Transfer. A NPDES permlt runs with the property it covers, until the permitted activities are completed, and is transferable to new Landowners in its entirety or by parcel, wtth each parcel being subject to the permit and any condltions, which apply to that parcel. Land transfers must be reported to the Ctty Engineer prior to issuing of permlts. eE. Inspection. The Clty Engineer may inspect the Storm Water Management System of any Permittee to determine compiiance wlth the requirements of this chapter. The applicant shail promptly aliow the Ctty and their authorized representatives, upon presentation of credentials to: 1. Enter upon the permitted slte for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys. 2. Bring such equipment upon the permitted slte as is necessary to conduct such inspections, surveys and investigations. 3. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and condltions of this permitted site. 4. Inspect the storm water pollution controi measures. 5. Sam pie and monltor any items or activities pertaining to storm water pollution controi measures. Any applicant or permittee shall provide safe and easy access for inspections. F. Inspections of the Storm Water Pollution Prevention Plan's Measures. At a minimum, such Inspections shall be done weekly by the Permittee (general contractor, developer or the developer's designated representative), and within twenty-four (24) hours after every storm or snow me~ event large enough to result in runoff from the slte (0.5 inches or more in twenty-four (24) hours). At a minimum, these inspections shali be done during active construction (the MPCA and city have inspection forms available upon request). . t 54.31 CONSTRUCTION PLANS AND SPECIFICATIONS The plans and specifications prepared for the construction of the Storm Water Management System must be: 1. Consistent with the Storm Water Management Plan approved by the Ctty Engineer, Including any special provisions or conditions. 2. In conformance with the requirements of the Ctty of Hutchinson's Municipal Specifications, and any other necessary permlts required and issued by other governmentai agencies. 3. Sealed and signed by a Professional Engineer registered in the State of Minnesota. 4. Submitted to the Ctty Engineer for approval. 5. Approved by the City Engineer prior to commencing construction. The construction grading and erosion/sediment control plans, in a format acceptabie to the City Engineer, shall contain a drawing or drawings delineating the features incorporated into the Storm Water Poliution Prevention Plan (SWPPP) including details of perimeter protection, construction phasing, storm drain inlet protection, erosion control measures, temporary and finai stabiiization measures, including all BMP's. In addltion the construction specifications shall contain technical provisions describing erosion, sedimentation, and water control measures to be utilized during and after construction as well as to define the ent~ies responsible for the installation and maintenance of the BMP's. The project SWPPP must be incorporated into the construction specification documents. . Page 14 Co (b')j t 64.32 CONSTRUCTION ACTIVITIES Construction operations must at a minimum comply wlth any applicable federal or state permlt and SWPPP in addition to the foliowing Best Management Practices: .A. . . Slte Dewatering. Water pumped from the slte shall be treated by temporary sedimel'ltatlon basins, grlt chambers, sand filters, upflow chambers, hydro-cyclones, soil concentrators or other appropriate controis as deemed necessary. Water may not be discharged In a manner that causes erosion, sedimentation, or flooding on the slte, on downstream properties, in the receiving channels, or In any wetland. B. Waste and Material Disposal. All waste and unused building materiais (including garbage, debris, cleaning wastes, wastewater, petroleum based products, paints, toxic materials, or other hazardous materials) shaii be properly disposed of off-site and shaii not be allowed to be carried by Runoff into a receiving channel, storm sewer system, or Wetland. c. Tracking Management. Each site shall have roads, access drives and parking areas of sufficient width, length and surfacing to minimize sediment from being tracked onto public or private roadways. Any material deposlted by vehicles or other construction equipment onto a public or private road shall be removed (not by flushing) before the end of each day's work. D. Water Quallty Protection. The construction contractor, including the general contractor and all subcontractors, shall be required to control oil and fuel spills and chemical discharges to prevent such spills or discharges from entering any watercourse, sump, sewer system, water body, or wetland. Slte Erosion and Sedimentation Control. Construction operations must include erosion and sedimentation control measures meeting accepted design criteria, standards and specifications contained in the Minnesota Storm Water Manual or other standards determined by the Ctty Engineer. E. F. Water Quantity. The construction contractor, including the general contractor and all subcontractors, shall be required to minimlz~ the volume of surface water runoff which flows from any specific slte during deveiopment. This volume is not to exceed the pre-development hydrologic regime to the maximum extent practicable. SUSPENSIONS, REVOCATIONS AND STOP WORK ORDERS t 54.40 STORM WATER VIOLATIONS AND REPORTING Storm Water Management Plan, NPDES Permlt and non-permlt related Storm Water violations include, ~~~~~~ . 1. Commencing site grading or preparation work wlthout first having obtained approval from the Ctty Engineer of all applicable permlts. 2. Noncompliance with the requirements or conditions attached to an approved SWPPP of an NPDES/SDS Storm Water Permlt For Construction Activity, Storm Water Management Plan or other standards established by the City Engineer, under authority of the Clty. 3. The causing or allowing of a Prohibited Discharge in the Clty storm water system, a natural watercourse, storm water easement, stream or river. 4. Failure to remove sediments transported or tracked onto City streets by vehicles or construction traffic wtthin 24 hours of It being deposlted on the street. 5. Failure to install and maintain the erosion control measures (BMP's) on a construction slte as outlined in the approved SWPPP and its amendments or other standards established by the City Engineer, under authority of the Clty. 6. Other violations or issues as noted or described throughout this chapter. Page 15 (Q(b)6 . . . 7. The Ctty Engineer shall document the reporting of a violation in wrlting. t 64.41 EMERGENCY SUSPENSION The Ctty Engineer may for cause order the suspension of a Storm Water Management Plan when the City Engineer determines that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or wenare of persons downstream, or substantial danger to the environment. If such a suspension occurs, all work in the area covered by the plan shall cease immediately. if any person is notified of such suspension and then fails to comply voluntarily with the suspension order, the City shall commence whatever steps are necessary to obtain compliance. The Clty Engineer may reinstate the Storm Water Management Plan upon proof of compliance with all plans or permlt condltions. The Ctty Engineer may aiso order the immediate suspension of all work if a person or snttty is conducting an activtty for which a permit is needed wlthout first obtaining the appropriate permlt. The suspension shall remain in effect until the required permit(s) are obtained. Whenever the City Engineer orders the suspension of a plan and/or orders aU work to stop pursuant to the emergency provisions of this section, the Clty Engineer shall serve notice on the Landowner and/or Permittee personally, or by registered or certified mail. t 64.42 NON-EMERGENCY REVOCATION OF A PLAN A Storm Water Management Plan may be revoked following notice. The Ctty Engineer may revoke a plan or permit for cause, including but not Iimlted to: 1. Violation of any terms or condltions of the applicable plan or permlt; 2. False statements on any required reports and applications; 3. Obtaining a plan or permlt by misrepresentation or failure to disclose fully all relevant facts; or 4. Any other violation of this chapter or related ordinance. The Ctty Engineer may revoke a Storm Water Management Plan and order a work stoppage to bring a project into compliance. Notice of such an order shall be given in accordance wlth ~ 54.43. Under a revoked plan no addltional permit approvals (i.e., building, excavation, etc.) shall be issued for any properties wlthin the area included wlthln the plan or permit boundaries until approved by the City Engineer. In addition the Ctty may deny new permlts (i.e., building, excavation, etc.) to the Permittee or Landowner in violation for projects in other locations until current permits are brought into compliance. t 64.43 NOTIFICATION Whenever the Ctty Engineer finds that any person has violated or is violating this chapter, the City Engineer shall serve upon such person a written notice stating the nature of the violation. A plan satisfactory to the Engineer for correction thereof must be submitted to the Ctty Engineer within an approved time frame. If a satisfactory plan is not submitted or the terms of such plan are not foliowed, the Clty Engineer may order a1i work in the affected area to cease. The City Engineer reserves the right to have the required work to be completed by others at the owner's expense. If any person commences any land disturbing activities which result in increased Storm Water quantity or Storm Water quamy degradation into the City's Storm Water Management System contrary to the provisions of this chapter, federal or state requirements or any order of the Ctty Engineer, the Ctty Attorney may, commence action for appropriate legal and/or equltable relief including administrative or criminal penalties. ENFORCEMENT, PENALTIES AND NONCOMPLIANCE FEES t 64.60 ENFORCEMENT, PENALTY AND NONCOMPLIANCE FEES Any person who is found to have violated an order of the City Engineer made in accordance wlth this chapter, or who has failed to comply with any provision of this chapter and the orders, rules, regulations and permlts issued hereunder, is guitty of an offense. Each day on which a violation occurs or continues to exist shall Page 16 ~(b)6 . . . be deemed a separate and distinct offense. All iand use and building permlts may be suspended until the applicant has corrected the violation. One re-inspection of a slte will be allowed before any re-inspectlon fees will be applied. Reasonable noncompliance and re-inspection fees may be imposed for violation of this chapter. S 54.61 COSTS OF DAMAGE Any person violating any of the provisions of this chapter or who initiates a activlty which causes a deposlt, obstruction, or damage or other impairment to the Clty's Storm Water Management System is liable to the Clty for any expense, loss, or damage caused by the violation or the discharge. The City may bill the person violating this chapter the costs for any cleaning, repair or replacement work caused by the violation of storm water discharge, and if unpaid wlthin ninety (90) days may result in assessment of such costs against the violator's property. . t 64.52 CITY ATTORNEY'S FEES AND COSTS In addition to the civil penalties provided herein, the Clty may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses of Iltigation by appropriate action against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder. t 64.53 FALSIFYING INFORMATION Any person who knowingly makes any false statements, representations, or certification in any applicable record, report, plan, permit or other document filed or required to be maintained pursuant to this chapter, or who knowingly falsifies, tampers wlth, or knowingly renders inaccurate any monltoring devices or method required under this chapter, shall be guilty of an offense. t 54.64 PENALTIES Any person violating any provision of this chapter, in addition to other sanctions set forth above, may be charged wlth a criminal misdemeanor, and if convicted may be penalized in accordance wlth the provisions of Section !l10.99 of the Code, or alternatively, may be charged wlth an administrative violation pursuant to Section !l1 0.98 of this Code. t 54.66 SEVERABILITY If any section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 3. This Ordinance shall take effect upon publication in accordance with the Hutchinson City Charter. PASSED by the City Council of the City of Hutchinson this 24th day of Aprli,2oo7. ATTEST: Gary Plotz, Clty Administrator Steve Cook, Mayor First Consideration: 04/10/2007 Second Consideration: 04/24/2007 Date of Publication: Page 17 (0(0)6 . 1. . . TITLE AND SUMMARY OF ORDINANCE NO. 07-100 The following Ordinance is hereby published by tltle and summary: Tltle of Ordinance: Stormwater Management Ordinance An Ordinance to Create and Enact Tttle 5, Chapter 54 of the Clty of Hutchinson Code of Ordinances, Relating to Storm Water Management 2. Summary of Ordinance: This ordinance creates and enacts Tttle 5, Chapter 54 of the Hutchinson Clty Code, which chapter sets forth uniform requirements for storm water management systems wlthin the Clty of Hutchinson. This Chapter applies In the City of Hutchinson, Minnesota and to persons outside the Ctty who are, by contract or agreement with the Clty, users of the Clty storm water management system. Except as otherwise provided herein, the City Engineer shall administer, implement, and enforce the provisions of this Chapter. This Ordinance shall take effect upon publication in accordance wtth the Hutchinson Clty Charter. 3. Availabillty of Ordinance: A complete, printed copy of this Ordinance is availabie for inspection by any person during regular business hours in the office of the Clty Clerk, This Ordinance was passed by the City Council of the City of Hutchinson on the 24th day of April, 2007. ATTEST: Gary Plotz, Clty Administrator Steve Cook, Mayor Date of Publication: Page 18 w(0) 6 . MEMORANDUM DATE: April 18, 2007 for the April 24, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: LOT SPLITS FOR PAUL BETKER AT 200 OTTAWA AVE. S.W., 205 OTTAWA AVE. S.W., 210 OTTAWA AVE. S.W., 215 OTTAWA AVE. S.W., 225 OTTAWA AVE. S.W., 260 OTTAWA AVE. S.W., 270 OTTAWA AVE. S.W. Reauest: The applicant is requesting approval of 7 lots splits for the properties identified above. The proposed lot splits are for the remaining 7 lots in the Southwind plat on Ottawa Avenue to allow for construction of twin-homes. Additional information is included in the attached staff reports and on the attached sketch with legal descriptions. Each lot split has a separate report and resolution, which are attached. . Plannina Commission Meetlna: The Planning Commission considered the request at their April 1 i", 2007, meeting. All 7 lot splits were unanimously approved on the consent agenda with no addition discussion from the Commission or public. Recommendation: The Planning Commission unanimously recommended approval of the 7 lot splits on their consent agenda, with the conditions as stated in attached Resolutions. . LDlC') \ . . . RESOLUTION NO. 13172 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY PAUL BETKER TO SPLIT LOT 1, BLOCK 3 (200 OTTAWA AVENUE S.E.) IN SOUTHWIND FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Paul Betker, property owner, has requested approval of a lot split to construct a twin home on property located at 200 Ottawa Ave. S.E. with the following legal description: Legal Description: Lot 1, Block 3, Southwind Whereas, the Planning Conunission considered the lot split request on April 17, 2007, 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 Conunission and hereby does recommend approval of the lot split, subject to the following findings and conditions: 1. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building permit issuance. Adopted by the City Council this 24th day of April, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor luCG) \ . . . RESOLUTION NO. 13173 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY PAUL BETKER TO SPLIT LOT 1, BLOCK 1 (205 OTIAWAAVENUES.E.) IN SOUTHWINDFOR THE CONSTRUCTION OF A TWIN HOME Whereas, Paul Betker, property owner, has requested approval of a lot split to construct a twin home on property located at 205 Ottawa Ave. S.E. with the following legal description: Legal Description: Lot 1, Block 1, Southwind Whereas, the Planning Commission considered the lot split request on April 17, 2007, 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 lot split, subject to the following findings and conditions: 1. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building permit issuance. Adopted by the City Council this 24th day of April, 2007. ArrEST: Gary D_ Plotz City Administrator Steven W. Cook Mayor toCe) I . . . RESOLUTION NO. 13174 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY PAUL BETKER TO SPLIT LOT 2, BLOCK 3 (210 OTT A W A AVENUE S.E.) IN SOUTHWIND FOR THE CONSTRUcnON OF A TWIN HOME Whereas, Paul Betker, property owner, has requested approval of a lot split to construct a twin home on property located at 210 Ottawa Ave. S.E. with the following legal description: Legal Description: Lot 2, Block 3, Southwind Whereas, the Planning Commission considered the lot split request on April 17, 2007, 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 lot split, subject to the following findings and conditions: 1. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building permit issuance. Adopted by the City Council this 24th day of April, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor LRCc') \ . . . RESOLUTION NO. 13175 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY PAUL BETKER TO SPLIT LOT 2, BLOCK 1 (215 OTTAWA AVENUE S.E.) IN SOUTHWIND FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Paul Betker, property owner, has requested approval of a lot split to construct a twin home on property located at 215 Ottawa Ave. S.E. with the following legal description: Legal Description: Lot 2, Block 1, Southwind Whereas, the Planning Commission considered the lot split request on April 17, 2007, 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: 1. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building permit issuance. Adopted by the City Council this 24th day of April, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor /.pC L') I . . . RESOLUTION NO. 13176 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY PAUL BETKER TO SPLIT LOT 3, BLOCK 1 (225 OTT A W A AVENUE S.E.) IN SOUTHWIND FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Paul Betker, property owner, has requested approval of a lot split to construct a twin home on property located at 225 Ottawa Ave. S.E. with the following legal description: Legal Description: Lot 3, Block 1, Southwind Whereas, the Planning Commission considered the lot split request on April 17, 2007, 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 lot split, subject to the following findings and conditions: 1. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building permit issuance. Adopted by the City Council this 24th day of April, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor (aCe, )\ . . . . RESOLUTION NO. 13177 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY PAUL BETKER TO SPLIT LOT 7, BLOCK 3 (260 OTTAWA AVENUE S.E.) IN SOUTHWIND FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Paul Betker, property owner, has requested approval of a lot split to construct a twin home on property located at 260 Ottawa Ave. S.E. with the following legal description: Legal Description: Lot 7, Block 3, Southwind Whereas, the Planning Commission considered the lot split request on April 17, 2007, 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 lot split, subject to the following findings and conditions: 1. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building permit issuance. Adopted by the City Council this 24th day of April, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor I..elGl\ . . . RESOLUTION NO. 13178 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY PAUL BETKER TO SPLIT LOT 8, BLOCK 3 (270 OTTAWA AVENUE S.E.) IN SOUTHWIND FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Paul Betker, property owner, has requested approval of a lot split to construct a twin home on property located at 270 Ottawa Ave. S.E. with the following legal description: Legal Description: Lot 8, Block 3, Southwind Whereas, the Planning Commission considered the lot split request on April 17, 2007, 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 lot split, subject to the following findings and conditions: 1. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building permit issuance. Adopted by the City Council this 24th day of April, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor LoC L ') I ".~~.' ... ~ ~ J . . . 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DIRECTORS REPORT - PLANNING DEPARTMENT ~''''''/'''''''';'_"''''''''''.T..:_..-........~:*,_""_/....,.....,,../....,__/..,_/_.....__~...__~.../.../_."'-'-c#.....:"""~......-",.."'":,..,""'''''':..,.-'<T,,'Jr._/..,..;r:,.;::-.r.'.,..:;;.~..,.,.,IT.~j...r...::>_.....-.'-c........,~__".^#<..-;__","*__,~"-~......-..-....:,:.;. , , To: Hutchinson Planning Commission From: Brad Emans, DolfMoon, Dave Hunstad, Miles Seppelt, Brian Warzecha, Jean Ward, John Webster, John Olson, Lenny Rntledge, Kyle Dimler, Kent Exner, Mark Schnobrlch, Marc Seborn, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (persons in attendance at Planning Staff Meeting (in bold) Date: April 2, 2007 - Meeting Date: Aprll17, 2007 Application: Lot Split for 200 Ottawa Ave. S. E. Applicant: Paul Betker, Property Owner LOT SPUTS Brief Description Mr. Betker is splitting the remaining 7 lots in the Southwind plat on Ottawa Avenue to allow for construction of twin-homes. The proposed lot split for 200 Ottawa is identified on the attached sketch with the proposed legal descriptions. Refer to the attached sketch for additional details on the proposed lot split. GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Property Location: Southwind Plat Existing Lot Size: 106' X 130' Existing Land Use: Vacant Adjacent Land Use And Zoning: Medium Density Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The preliminary plat, formerly known as Hutchinson Land Holdings, was approved in 2003 for 95 lots and planned to contain a total of 128 homes, including 62 single family and 33 two family homes (66 units). In 2003, a final plat for 48 lots plus an outlot was approved for the first addition. Applicable Regulations: Section 153.05 City Code SPECIAL INFORMATION Transportation: Ottawa Ave. S.E. bee) \ . . . Lot Split - 200 Ottawa Ave. S.E. Paul Betker - owner Page 2 Analysis and Recommendation: The proposed lot division appears to meet the lot area and width requirement for lots within the R-2 zoning district As discussed with the last series of lot splits that were reviewed, staff discussed the issues that arise rrom allowing Int<plits for newly platted developmenm. As previously stated, the City will require lots to be platted for twin homes and multifamily units with the preliminary and final plats, rather than doing lot splits after the initial platting. However, for current developments in process, a lot split could be granted after platting, however, lot splits must be approved before the building permit is issued. One of the issues .with allowing lot splits in developments after platting, that was discussed at length by the Plamting Commission, was the issue with obtaining fees due to the City that are calculated on a "per lot" basis. In this case, the subdivision agreement requires the Developer to provide dollars to the City for the planting of boulevard trees. The subdivision agreement states the following: The Developer will provide dollars to the City for the planting of boulevard trees at a rate of $180 per tree (2 trees per lot), which equals $17,280. The City will keep these dollars in reserve until a majority of the development has buildings then plant the trees within the boulevard areas. The location of trees shall be determined by the City Forester. The subdivision agreement stated this calculation equaled $17,280, however it was only based upon 48 lots in the first addition. The City keeps these dollars in reserve until a majority of the development has buildings then plants the trees within the boulevard areas in locations detennined by the City Forester. As the applicant is splitting the lots after platting, he has not paid for trees for the additional lot. Therefore, the developer needs to pay the required fee for two additional trees for the new lot at the fee specified in the subdivision agreement, which can be added to the building pennit fees. The applicant has paid for the additional trees on several recent building permits for twinhomes. Staff reconnnends approval of the lot split with the following reconnnenclations: 1. The proposed tot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of$36O, to be paid prior to building permit issuance. Cc: Paul Betker, 37 Monroe St SE Hutchinson Land Holdings, 2455 12th St. E., St. Cloud MN 56304 (;( G) I . . . t""/....-,--~'--...-"""--,......-',.~--"".,...,..../_..../..._---_.../...-:'.....-"".r.,-o<..,.---~..~..J" '.. ~'...:_--,---,,-_/_,....--,,-,-..... "" ,-' __..,......-'_....,'...,_'.."__,<.,,..,.....__.,...,""'OJo .....J "'..;-'.~',.,..,1. '," DIRECTORS REPORT - PLANNING DEPARTMENT ! ;"'~;_.:.:I...L>,-";~'>,-;'...,;:M....,..:,:.:.-..r-.",~,."",_s,,.../..._-...,_/...__.,,"~'-",'~.:J',.",._,.,.-. ".---'."_ )-._lr....."''''"'~.d<"_8.:r,_'.r-,...='..-..S.4___. ,.. .._..c:.-"--..~.""',#:.;<NM'I.:.___,___,.../""'~. F.""__~ To: Hutchinson Planning Commission Brad Emans, DolfMoon, Dave Hunstad, Miles Seppelt, Brian Warzecha, Jean Ward, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) . From: Date: April 2, 2007 - Meeting Date: April 17 , 2007 Application: Lot Split for 205 Ottawa Ave. S.E. Applicant: Paul Betker, Property Owner LOT SPLITS Brief Description Mr. Betker is splitting the remaining 7 lots in the Southwind plat on Ottawa Avenue to allow for construction of twin-homes. The proposed lot split for 205 Ottawa is identified on the attached sketch with the proposed Ic:gal descriptions. Refer to the attached sketch for additional details on the proposed lot split. Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning IDstory: Applicable Regulations: Transportation: GENERAL INFORMATION R2 (Mediwn Density Residential) Southwind Plat 103' X 125.39' Vacant Mediwn Density Residential Traditional Residential Neighborhood The preliminary plat, formerly known as Hutchinson Land Holdings, was approved in 2003 for 95 lots and planned to contain a total of 128 homes, including 62 single family and 33 two family homes (66 units). In 2003, a final plat for 48 lots plus an outlot waS approved for the first addition. Section 153.05 City Code SPECIAL INFORMATION Ottawa Ave. S.E. (y( L) \ . . . Lot Split - 205 Ottawa Ave. S.E. Paul Betker - owner Page 2 Analysis and Recommendation: The proposed lot division appears to meet the lot area and width requirement for lots within the R-Z zolring district As discussed with the last series of lot splits that were reviewed, staff discussed the issues that arise from allowing lot splits for newly platted developments. As previously stated, the City will require lot~ to he plattNi for twin homes and multifamily units \vith the preliminary and final plllt.5, rather than doing lot splits after the initial platting. However, for current developments in process, a lot split could be granted after platting, however, lot splits must be approved before the building permit is issued. One of the issues with allowing lot splits in developments after platting, that was discussed at length by the Planning Commission, was the issue with obtaining fees due to the City that are calculated on a "per lot" basis. In this case, the subdivision agreement requires the Developer to provide dollars to the City for the planting of boulevard trees. The subdivision agreement states the following: The Developer will provide dollars to the City for the planting of boulevard trees at a rate of $180 per tree (2 trees per lot), which equals $17,280. The City will keep these dollars in reserve until a majority of the development has buildings then plant the trees within the boulevard areas. The location of trees shall be detennined by the City Forester. The subdivision agreement stated this calculation equaled $17,280, however it was obly based upon 48 lots in the first addition. The City keeps these dollars in reserve until a majority of the development has buildings then plants the trees within the boulevard areas in locations determined by the City Forester. As the applicant is splitting the lots after platting, he has not paid for trees for the additional lot. Therefore, the developer needs to pay the required fee for two additional trees for the new lot at the fee specified in the subdivision agreement, which can be added to the building permit fees. The applicant has paid for the additional trees on several recent building permits for twinhomes. Staff recommends approval of the lot split with the following reconnnendations: I. The proposed lot splits would meet the standards of the R-Z zoning district, subject to the conditions stated. Z. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50"10 coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50"10. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building permit issuance. Cc: Paul Betker, 37 Monroe St SE Hutchinson Land Holdings, 2455 IZ"' St. E., St. Cloud MN 56304 0J(c.') I . . . ii!.....~.k........." , , I. . >-...,__.,,"__,.../,,_.If'/._/'/_I/K.__,;,.,.v.._jj.__,......./~,..."'k_.""-.,,,..~'#>.,,,,.,.___"'-:..,'..."'.._;H~_~"-"?__"',,:r""-,,__;>a<-...,.s';._-__/_/....,.-~#,_~,'I~j DIRECTORS REPORT - PLANNING DEPARTMENT ! . ..-.,.,:.>.,."'--.;p,:._:r:"".~...._~""'...__....."",;,o:.:,.a_.'".,.;..~.,:.r....,-"-.q~.""'.,..,;.::.v.""'......""'....__..~,_,_,...,.,':....-,."'......'~_/_,__',.#.:..,..~'~_MO'Y_:~/"'"..,."',~I~_JlT.I;.,.,.".-:s::..<':_"'.:.,g'...-::.: To: Hutchinson Planning Commission Brad Emans, Dolf Moon, Dave Hunstad. Miles Seppelt, Brian Warzecha, Jean Ward. John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (persons in attendance at Planning Staff Meeting (in bold) From: Date: April 2, 2007 - Meeting Date: April 17 , 2007 Application: LotSplit for 210 Ottawa Ave. S.E. Applicant: Paul Betker, Property Owner LOT SPLITS Brief Description Mr. Betker is splitting the remai.nirlg 7 lots in the Southwind plat on Ottawa Avenue to allow for construction of twin-homes. The proposed lot split for 210 Ottawa is identified on the attached sketch with the proposed legal descriptions. Refer to the attached sketch for additional details on the proposed lot split. Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning HIstory: Applicable Regulations: Transportation: GENERAL INFORMATION R2 (Medium Density Residential) Southwind Plat 84' x 130' Vacant Medium Density Residential Traditional Residential Neighborhood The preliminary plat, formerly known as Hutchinson Land Holdings, was approved in 2003 for 95 lots and planned to contain a total of 128 homes, including 62 single family and 33 two family homes (66 units). In 2003, a final plat for 48 lots plus an outlot was approved for the first addition. Section 153.05 City Code SPECIAL INFORMATION Ottawa Ave. S.E. ~CG)\ . . . Lot Split - 210 Ottawa Ave. S.E. Paul Betker - owner Page 2 Analysis and Recommendation: The proposed lot division appears to meet the lot area and width requirement for lots within the R-2 zoning district As discussed with the last series oflot splits that were reviewed, staff discussed the issues that arise from allowing lot splits for newly platted developments. As previously stated, the City will require lots to be platted for twin horn..., ~nn multifamily lmits with the pre1iminory and final pla~, rather than doing lot splits after the initial platting. However, for current developments in process, a lot split could be granted after platting, however, lot splits must be approved before the building permit is issued. One ofthe issues with allowing lot splits in developments after platting, that was discussed at length by the Planning Commission, was the issue with obtaining fees due to the City that are calculated on a "per lof' basis. In this case, the subdivision agreement requires the Developer to provide dollars to the City for the planting of boulevard trees. lbe subdivision agreement states the following: The Developer will provide dollars to the City for the planting of boulevard trees at a rate of $180 per tree (2 trees per lot), which equals $17,280. The City will keep these dollars in reserve until a majority of the development has buildings then plant the trees within the boulevard areas. The location of trees shall be determined by the City Forester. The subdivision agreement stated this calculation equaled $17,280, however it was only based upon 48 lots in the first addition. The City keeps these dollars in reserve until a majority of the development has buildings then plants the trees within the boulevard areas in locations determined by the City Forester. As the applicant is splitting the lots after platting, he has not paid for trees for the additional lot. Therefore, the developer needs to pay the required fee for two additional trees for the new lot at the fee specified in the subdivision agreement, which can be added to the building permit fees. The applicant has paidfor the additional trees on several recent building pennits for twinhomes. Staff recommends approval of the lot split with the following recommendations: 1. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50"10 coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $] 80.00 per tree, for a total of $360, to be paid prior to building permit issuance. Cc: Paul Betker, 37 Momoe St SE Hutchinson Land Holdings, 2455 ]2'" St. E., St. Cloud MN 56304 (o( C) l . . . r" , , ~c . -..._.r._'--f""_/...._..-_/_'"'_~,..".,_..,..._~""".. - ....I'~ "'__"""'_D'"$I':_~'#y,-_/",__:ar;",".. ........... ~.__ ~ ~'f'"_~~"';M!.~____:i"''''_''''",,,,",,,,, , DIRECTORS REPORT - PLANNING DEPARTMENT \ .O;t".'....ih!F."#/.A.._'...,_.....->F.',..,...._<<J-,,_-;,...':..;''';A'''...,'''''''''__~ .'-..r,.,'-.<_.-'./_....,."'....._~.-..,,.,;...,...._...-."".,.,,..:f"...........""...'-~,.."...;Q;'"..;c.....:...:O;;;;.;.......""'.'-'i..,.""__..._.......-""..'."/A',I,;;.' To: Hutchinson Planning Commission From: Brad Emans, DolfMoon, Dave Hunstad, Miles Seppelt, Brian Warzecha, Jean Ward, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, Mark Schnobrich, Marc Sebera, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (persons in attendance at Planning Staff Meeting (in bold) Date: April 2, 2007 - Meeting Date: April 17 , 2007 Application: Lot Split for 215 Ottawa Ave. S.E. Applicant: Paul Betker, Property Owner LOT SPLITS Brief Descriptiou Mr. Betker is splitting the remaining 71015 in the Southwind plat on Ottawa Avenue to allow for construction of twin-homes. The proposed lot split for 215 Ottawa is identified on the attached sketch with the proposed legal descriptions. Refer to the attached sketch for additional details on the proposed lot split. GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Property Location: Southwind Plat Lot Size: 88' x 125.39' Existing Land Use: Vacant Adjacent Land Use And Zoning: Medium Density Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood The preliDrinary plat, formerly known as Hutchinson Land Holdings, was approved in 2003 for 95 lots and planned to contain a total of 128 homes, including 62 single family and 33 two family homes (66 units). In. 2003, a fmal plat for 48 lots plus an outlot was approved for the first addition. Zoning History: Applicable Regulations: Section 153.05 City Code SPECIAL INFORMATION Transportation: Ottawa Ave. S.E. lee v') \ . . . Lot Split - 215 Ottawa Ave. S.E. Paul Betker - owner Page 2 Analysis and Recommendation: The proposed lot division appears to meet the lot area and width requirement for lots within the R-2 zoning district As discussed with the last series of lot splits that were reviewed, staff discussed the issues that arise from allowing lot splits for newly platted developments. As previously stated, the City will require lots to be platted for twin home~ ann mnltif"mily unit5 with the preliminary and fino.! pInts, rather than doing lot splits after the initial platting. However, for current developments in process, a lot split could be granted after platting, however, lot splits must be approved before the building permit is issued. One of the issues with allowing lot splits in developments after platting, that was discussed at length by the Planning Commission, was the issue with obtsining fees due to the City that are calculated on a "per lof' basis. In this case, the subdivision agreement requires the Developer to provide dollars to the City for the planting of boulevard trees. The subdivision agreement states the following: The Developer will prQllide dollars to the City for the planting of boulevard trees at a rate of $180 per tree (2 trees per lot), which equals $17,280. The City will keep these dollars in reserve' until a majority of the development has buildings then plant the trees within the boulevard areas. The location of trees shall be determined by the City Forester. The subdivision agreement stated this calculation equaled $17,280, however it was only based upon 48 lots in the first addition. The City keeps these dollars in reserve W1til a majority of the development has buildings then plants the trees within the boulevard areas in locations determined by the City Forester. As the applicant is splitting the lots after platting, he has not paid for trees for the additional lot. Therefore, the developer needs to pay the required fee for two additional trees for the new lot at the fee specified in the subdivision agreement, which can be added to the building permit fees. The applicant has paid for the additional trees on several recent building permits for twinhomes. Staff reconnnends approval of the lot split with the following reconnnendations: I. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building permit issuance. Cc: Paul Betker, 37 Monroe St SE Hutchinson Land Holdings, 2455 12th St. E., St. Cloud MN 56304 (0(0)1 ""'~"""<P"';"',-">_"""#fiI1>"/",/_____#"""""-';"#'__/I/______#<_'.,,,,.",,,.""/"'_.#-....-,,.../,,..':....p.-'""-...__~-..{'/__'.r......,,"'-#.,.......:..'.' ... ".,Lr'fr,;c-'#.'I".w_,.,__...".L#;__.#'.""',...."-"f..._'~. t DIRECTORS REPORT - PLANNING DEPARTMENT : _'1_77.....'- ......,"'.;~ :.",.~ . . . ."-,-,:;,.;"'~,.-"",."'..--,;-:'.,w.".....=.,___-:p/_-:s--,__,.-,""',#;._/__""!I"':"__LO"...::..:~":~..,=.""'''"......~-.-:=I'#;''''_/___'''_____#__...':q'....,-_______ To: Hutchinson Planning Commission From: Brad Emans, DolfMoon, Dave Hunstad, Miles Seppelt, Brian Warzecha, Jean Ward, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, Mark Schnobrich, Marc Seborn, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumen (persons in attendance at Planning Staff Meeting (in bold) Date: Aprll2, 2007 - Meeting Date: April 17, 2007 Application: Lot Split for 225 Ottawa Street S.E. Applicant: Paul Betker, Property Owner LOT SPLITS Brief Description Mr. Betker is splitting the remaining 7 lots in the Southwind plat on Ottawa Avenue to allow for construction of twin-homes. The proposed lot split for 225 Ottawa is identified on the attached sketch with the proposed legal descriptions. Refer to the attached sketch for additional details on the proposed ~- . Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Transportation: GENERAL INFORMATION R2 (Medium Density Residential) Southwind Plat 87' x 129.1' Vacant Medium Density Residential Traditional Residential Neighborhood The preliminary plat, formerly known as Hutchinson Land Holdings, was approved in 2003 for 95.lots and planned to contain a total of 128 homes, including 62 single family and 33 two family homes (66 units). In 2003, a final plat for 48 lots plus an outlot was approved for the first addition. Section 153.05 City Code SPECIAL INFORMATION Ottawa Ave. S.E. lo(G) \ . . . Lot Split - 225 Ottawa Ave. S.E. Paul Betker - owner Page 2 Analysis and Recommendation: The proposed lot division appears to meet the lot area and width requirement for lots within the R-2 zoning district As discussed with the last series of lot splits that were reviewed, staff discussed the issues that arise from allowing lot splits for newly platted developments. As previously stated, the City will require lot~ to tw. pl"tt...-J for twin homll6 and multifamily uniu. witil tile prelimlnary and fmal plats, rather than doing lot splits after the initial platting. However, for current developments in process, a lot split could be granted after platting, however, lot splits must be approved before the building pennit is issued. One of the issues with allowing lot splits in developments after platting, that was discussed at length by the Planning Commission, was the issue with obtaining fees due to the City that are calculated on a "per lot" basis. In this case, the subdivision agreement requires the Developer to provide dollars to the City for the planting of boulevard trees. TIle subdivision agreement states the following: The Developer will provide dollars to the City for the planting of boulevard trees at a rate of $180 per tree (2 trees per lot), which equals $17,280. The City will keep these dolllUS in reserve until a majority of the development has buildings then plant the trees within the boulevard areas. The location of trees shall be determined by the City Forester. The subdivision agreement stated this calculation equaled $17,280, however it was only based upon 48 lots in the first addition. The City keeps these dollars in reserve until a majority of the development has buildings then plants the trees within the boulevard areas in locations detennined by the City Forester. As the applicant is splitting the lots after platting, he has not paid for trees for the additional lot. Therefore, the developer needs to pay the required fee for two additional trees for the new lot at the fee specified in the subdivision agreement, which can be added to the building pennit fees. The applicant has paid for the additional trees on several recent building permits for twinhomes. Staff recommends approval of the lot split with the following recommendations: 1. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50"10 coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50"10. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building pennit issuance. . Cc: Paul Betker, 37 Momoe St SE Hutchinson Land Holdings, 2455 12" St. E., St. Cloud MN 56304 tQ(v) \ t'~'A"'.'-;"""~_II'__,:.r_II'/I'/#_/I''''''_____'''''",,,_/I/_.&,r_/''''__.4'':'''_''''/_=-.r._'.."....".r.__......._______:.r...,~,.-....._I._/~..../"'...4':'...._~._I'_______/__~ ! DIRECTORS REPORT - PLANNING DEPARTMENT I '.,~..~.'r,""',:"._.:r/..../.../_;.t';__/_..,_'_M'_.../.i"_,___.~,...._/...../.../_..../..../......,......,...7_..,_____-'-'_......,""'____.../....__..._.-.-_/_.,.'.'"'._MC...,'....~......__/~_~~...,''"''_,c . To: Hutchinson Planning Commission From: Brad Emans, DolfMoon, Dave Hunstad. Miles Seppelt, Brian Warzecha, Jean Ward, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Emer, 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 StafT Meeting (in bold) Date: April 2,2007 - Meeting Date: April 17, 2007 Application: Lot Split for 260 Ottawa Ave. S.E. Applicant: . Paul Betker, Property Owner LOT SPLITS Brief Description Mr. Betker is splitting the remaining 7 lots in the Southwind plat on Ottawa A venue to allow for construction of twin-homes. The proposed lot split for 260 Ottawa is identified on the attached sketch with the proposed legal descriptions. Refer to the attached sketch for additional details on the proposed lot split. . . GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Property Location: Southwind Plat Lot Size: 81' x 170' Existing Land Use: Vacant Adjacent Land Use And Zoning: Medium Density Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The preliminary plat, formerly known as Hutchinson Land Holdings, was approved in 2003 for 95 lots and planned to contain a total of 128 homes, including 62 single family and 33 two family homes (66 units). In 2003, a final plat for 48 lots plus an outlot was approved for the first addition. / Applicable Regulations: Section 153.05 City Code . SPECIAL INFORMATION Transportation: Ottawa Ave. S.E. (pec,) \ . . . Lot Split - 260 Ottawa Ave. S.E. Paul Betker - owner Page 2 Analysis and Recommendation: The proposed lot division appears to meet the lot area and width requirement for lots within the R-2 zoning district As discussed with the last series of lot splits that were reviewed, staff discussed the issues that arise from allowing lot splits for newly platted developments. As previously stated, the City will require lots to be plaltM for twin homes and multifamily units wiU, LlLe preliminary and fInal plats, rather than doing lot splits after the initial platting. However, for cWTent developments in process, a lot split could be granted after platting, however, lot splits must be approved before the building permit is issued. One of the issues with allowing lot splits in developments after platting, that was discussed at length by the Planning Commission, was the issue with obtaining fees due to the City that are calculated on a "per lot" basis. In this case, the subdivision agreement requires the Developer to provide dollars to the City for the planting of boulevard trees. The subdivision agreement states the following: The Developer will provide dollars to the City for the planting of boulevard trees at a rate of $180 per tree (2 trees per lot), which equals $17,280. The City will keep these dollars in reserve until a majority of the development has buildings then plant the trees within the boulevard areas. The location of trees shall be determined by the City Forester. The subdivision agreement stated this calculation equaled $17,280, however it was only based upon 48 lots in the first addition. The City keeps these dollars in reserve until a majority of the development has buildings then plants the trees within the boulevard areas in locations determined by the City Forester. As the applicant is splitting the lots after platting, he has not paid for trees for the additional lot. Therefore, the developer needs to pay the required fee for two additional trees for the new lot at the fee specified in the subdivision agreement, which can be added to the building permit fees. The applicant has paid for the additional trees on several recent building permits for twinhomes. Staff recommends approval of the lot split with the following recommendations: I. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. . 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 500fo coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building permit issuance. Cc: Paul Betker, 37 Monroe St SE Hutchinson Land Holdings, 2455 12" St. E., St. Cloud MN 56304 l2(G) \ I . . . r.-/..->,;(n-_/...,....,""~-<I;#/I_-.-___/__/,I...,,_,..../_;.-:'~.#"':,.:"..r-;r"""_k"''''#I/J,6<.....,'.Y':~,"L,..~.~;.... ..;-"'._..""'~__/IJ'__/___"__~/___,,.,._~. "'---"P::-.,'''''''6:-__;.7.-4:_;.; ! DIRECTORS REPORT - PLANNING DEPARTMENT j 1;'''''''':'r..'-';o:..,:,r'=''M''P"'''~J#'_/'/__''''4".__.rZ''-':S;''''~4-'''';';'''''''4r;"",""'';',~I'_/-"--''''''I;_/_''''--'-"'.''''''''''''''''/____''''''-''_''''''''/A:'W::_"",,J'/.'-'''_'I:',p.._r.;"._._....-'''';r_/_~''"''j To: Hutchinson Plauning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Brian Warzecha, Jean Ward, John Webster, John Olson, Lenny Rutledge, Kyle Dlmler, Kent Exner, Mark Schnobrlch, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (persons in attendance at Planning Staff Meeting (in bold) Date: April 2, 2007 - Meeting Date: April 17,2007 Application: Lot Spilt for 270 Ottawa Ave. S.E. Applicant: Paul Betker, Property Owner LOT SPLITS Brief Description Mr. Betker is splitting the remaining 7 lots in the Southwind plat on Ottawa Avenue to allow for construction of twin-homes. The proposed lot split for 270 Ottawa is identified on the attached sketch with the proposed legal descriptions. Refer to the attached sketch for additional details on the proposed lot split. GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Property Location: Southwind Plat Lot Size: 86' x 203' Existing Land Use: Vacant Adjacent Land Use And Zoning: Medium Density Residential Comprehensive Land Use Plan: . Traditional Residential Neighborhood Zoning History: The preliminary plat, fonnerly known as Hutchinson Land Holdings, was approved in 2003 for 95 lots and planned to contain a total of 128 homes, including 62 single family and 33 two family homes (66 units). In 2003, a final plat for 48 lots plus an outlot was approved for the fIrst addition. Applicable Regulations: Section 153.05 City Code SPECIAL INFORMATION Transportation: Ottawa Ave. S.E. ~CG) \ . . . Lot Split - 270 Ottawa Ave. S.E. Paul Betker - owner Page 2 Analysis and Recommendation: The proposed lot division appears to meet the lot area and width requirement for lots within the R-2 wning district As discussed with the last series of lot splits that were reviewed, staff discussed the issues that arise from allowing lot splits for newly platted developments. As previously stated, the City will require lot<; to h~ p.latted for twin homeo and multifamily wuls with the preliminary and tmalpJats, rather than doing lot splits after the initial platting. However, for current developments in process, a lot split could be granted after platting, however, lot splits must be approved before the building permit is issued. One of the issues with allowing lot splits in developments after platting, that was discussed at length by the Planning Commission, was the issue with obtaining fees due to the City that are calculated on a "per lot" basis. In this case, the subdivision agreement requires the Developer to provide dollars to the City for the planting of boulevard trees. The subdivision agreement states the following: The Developer will provide dollars to the City for the planting of boulevard trees at a rate of $] 80 per tree (2 trees per lot), which equals $] 7,280. '/'fle City will keep these dollars in reserve until a majority of the development has buildings then plant the trees within the boulevard areas. The location of trees shall be determined by the City Forester. The subdivision agreement stated this calculation equaled $17,280, however it was only based upon 48 lots in the first addition. The City keeps these dollars in reserve Wltil a majority of the development has buildings then plants the trees within the boulevard areas in locations determined by the City Forester. As the applicant is splitting the lots after platting, he has not paid for trees for the additional lot. Therefore, the developer needs to pay the required fee for two additional trees for the new lot at the fee specified in the subdivision agreement, which can be added to the building permit fees. The applicant has paid for the additional trees on several recent building permits for twinhomes. Staff recommends approval of the lot split with the following recommendations: 1. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. . 3. Separate services are required for each lot. 4. Lots at 50010 coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. The applicant shall pay for one additional tree per lot at $180.00 per tree, for a total of $360, to be paid prior to building permit issuance. Cc: Paul Betker, 37 Monroe St SE Hutchinson Land Holdings, 2455 12th St. E., St. Cloud MN 56304 ..., fa (G) \ . . . Hutchinson City Center 111l1assan Street SE Hu~ MN 5535(1.2522 320-587.5151JF"" 320-234-4240 MEMORANDUM DATE: April 18, 2007 for the April 24, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: PRELIMINARY AND FINAL PLAT TO BE KNOWN AS FIRST ADDITION TO RAVENWOOD WEST FOR RAVENWOOD POND HOMEOWNERS ASSOCIATION ReQuest: The Ravenwood Pond Homeowners Association is requesting an 8 lot plat to allow Outlot A, containing a stormwater pond, to be divided among 7 adjacent property owners. The property owners will be responsible for the maintenance of the easement area after the property has been platted. The easterly portion of Outlot A would be platted with the future subdivision to the east. Additional information is included in the attached staff report. Plannlna Commission Meetina: The Planning Commission held a public hearing and considered the request at their April 171ti, 2007, meeting. Two members of the homeowners association spoke in favor of the request to eliminate the outlot and stated that they will take care of the property. The Commission discussed the need to provide guidance to homeowners about the type of vegetation surrounding around ponds. Staff will be developing educational materials on water quality and the importance of selecting proper vegetation (rather than turf grass) to help stop erosion and reduce the maintenance required for ponds long term. The Commission also discussed long term pond maintenance and the costs that may ultimately be divided among residents served by ponds throughout the City. The Commission unanimously recommended approval of the preliminary and final plat, with the conditions in the attached resolution. Recommendation: The Planning Commission unanimously recommended approval of preliminary and final plat, with the findings and conditions as stated in attached Resolutions. - Printed 00 =ycled paper- [ole )2- RESOLUTION NO. 13179 . RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT TO BE KNOWN AS FIRST ADDITION TO RA VENWOOD WEST SUBMITTED BY RA VENWOOD POND HOMEOWNERS ASSOCIATION Whereas, the Ravenwood Pond Homeowners Association, property owner, has requested approval of an 8 lot preliminary and [mal plat with the following legal description: Legal Description: Lot IS, 16, 17, 18, 19,20 and 21, Block I, and Outlot A, all in Ravenwood West according to the recorded plat thereof. Whereas, the Planning Commission met on April 17, 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 SWTOunding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and [mdings of the Planning Commission and hereby does recommend approval of the preliminary and [mal plat, subject to the following findings and conditions: 1. 2. . 3. 4. 5. 6. No structures of any kind shall be placed or constructed within the drainage and utility easement area or Outlot A. The resolution shall be recorded on Outlot A in order to assure future developers and/or property owners are aware of conditions and restrictions. Existing drainage and utility easements must remain in place. Pond maintenance access must be provided from Blue Jay Drive. The applicant must provide a 20-foot drainage and utility easement over the stormwater pipe from the pond to Blue Jay Drive. Property owners are responsible for maintenance oftheir entire lot. Property owners are encouraged to consider the planting of native grasses and low maintenance plantings in the area of easement up to the pond. Adopted by the City Council this 24lh day of April,2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor . (pee ]2- ...):,.... ,yo:',~,,"."".:,h.... ~"'Y""""''''..w''..,\I;':';' "rr hr.... ...:r:...:..oyA.......~;c-.....r..."';~~4lI'7.......;~...-:;_.r-~~;....<.-~ ~....~'"'l' ~_...1'''.Ar;...~;.n.'r .4:,......\Hr .... ..........lfV.......tr,.lIt...... ".JIf.~"~~...",,..'" I . ........r';':.~M~:)"#F.~....N....d.";~,oI;D~~~.:p."..i~... - .. DIRECTORS REPORT - PLANNING DEPARTMENT I~..~~~ ... - .J';~~;<<',.;l;l--',C;/". ~_r_~.,-::;.:,..;..ICl""_.._..,~;...~........-;~:......7.. ';tT-1-::J:":., '... . _"'nI"'--'._'.".,q.J~P...r .c... .... .,,~,~....... ...... .. .:,;. . ').~~j,"r:,:;.v J:t"'..4;;I!:':..-::'.ac::.:r::r~",".::: ._~ ...-...11.. ", - '..... To: 1-1 u tchinsonPlan niD g Commission From: Brad Emans., Dolf Moon, Dave Hunstad, Miles Seppelt, Brian Warzecha, Je.a,n Ward, John Webster, John Olson, Lenn,y R,utled,ge, Kyle Dimler, Kent Exner, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy" Rebec.ca :Bowers and Bonnie Baumetz (Persons in attendance at Plannin.gStaff Meeting (in bold) Date: Apri.l 9, 2007 for Apri.l17, 2007 Planning Com,missi.onMeeting Applicatio'n: PRELIMINARY .t\ND FINAL PLAT TO.. BE KNOWN .AS FIRST ADDITION' TO 'RA VENWOODWEST Applicant: SUBMITTED BY RAVENWOOD POND H'OMEOWNERS ASSO'CIATION Preliminary and. Final Plat Brief Des,criptioD The 8 lot plat submitted by Ravenwood Pond Homeowners Association is to allow Outlot A, containing the pond., to be divided among 7 adjacent prop'erty owners. The property owners ,vill be responsible for the maintenance of the easement ,area after the property has been platted. The easterly portion of Outlot A would be platted with the future subdivision to the east.. The following identifies the subject property . .~.' -- lI!Cc) 'L . . ~ Preliminary and Final Plat - First Addition to Ravenwood West Ravenwood Pond Homeowners Association Page 2 GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Property Location: Ravenwood West Outlot A Lot Sizes: Existing Outlot A: 474,028 square feet (10.88 acres) Proposed lot sizes range from 38,282 to 72,862 square feet New Outlot A: 134,236 square feet Existing Land Use: Vacant with Stormwater Pond Adjacent Land Use And Zoning: Medium Density Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: Ravenwood West was platted in 2003. In March 2007, the City approved a the lot division request to distribute Outlot B at the north end of Ravenwood West to two adjacent property owners. Applicable Regulations: Sections 153.35 and 153.50, City Code Transportation: Dale Street S.W. Analysis and Recommendation: The proposed preliminary and fmal plat request is to divide Outlot A at the south end of Ravenwood Wood, containing a stormwater pond, among 7 property owners. Outlot A is currently owned by the Ravenwood Pond Homeowners Association. The easterly half of the pond would be platted with the second addition of Ravenwood West. The area of former Outlot A would continue to have the same drainage and utility easements as previously platted. Plamring staff discussed the request and noted several concerns regarding dividing the pond among adjacent property owners. Concerns raised by staff were potential issues with future maintenance and access to the pond Concerns were also raised about homeowners' willingness to maintain very large privately owned lots. Public Warks and Plamring staff met on site after the staff meeting and determined that pond maintenance access could be accommodated from Blue Jay Drive for maintenance of the pond. It was also determined that due to the outlot location in Airport Safety Zone A, no structures could be constructed in this area. An advantage to eliminating the outlot is the ability to disband a small homeowners association that exists primarily because of the commonlY-<lwned pond. Small homeowners associations may have difficulty with long term operations as property owners transition over time. From a land use management perspective, there are benefits to eliminating outlots that may potentially revert to the City responsibility due to maintenance issues or non-payment of taxes. From a land use management perspective, there are benefits to combining outlots with adjacent property or from eliminating outlots at the platting stage. (o(C}L ~ . . . Preliminary and Final Plat - First Addition to Ravenwood West Ravenwood Pond Homeowners Association Page 3 Conclusion: Staff's primary concern is maintenance and access to the pond. These concerns can be addressed by conditions placed on approval of the plat. If the Commission recommends approval of tre preliminary and final plat, staff recommends that the following conditions are included to address the concern with maintenance and access: I. No structure/! of any kind shall be placed 01 <.:ullslIUcloo within the drainage and ul1lity easement area or Outlot A. 2. The resolution shall be recorded on Outlot A in order to assure future developers and/or property owners are aware of conditions and restrictions. 3. Existing drainage and utility easernents must remain in place. 4. Pond maintenance access must be provided from Blue Jay Drive. The applicant must provide a 20-foot drainage and utility easement over the stormwater pipe from the pond to Blue Jay Drive. 5. Property owners are responsible for maintenance of their entire lot and pond 6. Property owners are encouraged to consider the planting of native grasses and low maintenance plantings in the area of easement up to the pond Cc: Anita Leipke, 1235 Dale Street S.W. Bruce Naustdal, 1175 Dale Street S.W. wee }2- {'" c;..... \ ===:- l.M...._I \ ~ \ _.._~ Ul__' \ ~ \\ ;:;:;;;. uon_, <,>;.,.~~- "i'IECEIVED " - r /l-f ---. _>..../ \ FEB 2 1 ZOOl ~\ / \ - ~S S /,/ \ qIty of hmchlnson /@! \ Dep! n1 P. Z. & B , \r . LQ1ARW -- -.... "'..- \.M l."AI n,..JSt', ~"fl LM......... ~~tIo~1 ~IU511F. l,ML...... XlON 501 PI 41:1"''''''' l,.M4.1iMI1 "1ft..,. 44'...." lAtL1IW.l.1 UIU",. ~1<<40 tel" l,lIl..~1 lOUI" " JONI",F, \.MI.....l :xlIII,." nMiE,," """'. I:J-P~"" ~ ...- ...- . 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Z. & B - '"'" "... .= -- ...,..L*>_... ~ ~ '-..-/ \'l . . - Hutchinson City Center 111 Hassan Street SE HutdIluson, MN 55350-2522 320-587-5151/Fax 320.234-4240 MEMORANDUM DATE: April 18, 2007 for the April 24, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: VARIANCE TO ALLOW TWO DETACHED GARAGES ON A LOT LOCATED AT 1410 JEFFERSON STREET S.E. Reauest: The property owner is requesting a variance to allow a second detached garage (26' x 36') where only one detached garage is allowed by the Zoning Ordinance. There are currently two detached garages on the property, one is located in the front and is used as a wood shop. The other garage was constructed in 1957, located in the rear yard, which is 4 feet from the north (side) property line. If the variance is approved, he would remove the 1957 garage and place the new garage approximately 36 feet from the north property line. The lot is 2 acres with the rear yard abutting a pond area. The property was annexed with the Jefferson Street annexation in 2002. The applicant states the hardship as the property was recently annexed into the City and must meet City zoning requirements. Additional details are included in the attached staff report. Plannina Commission Meetina: The Planning Commission held a public hearing and considered the request at their April 17th , 2007, meeting. Other than the applicant, there were no property owners who made comment on the request. The Commission reviewed the variance request and found it meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to the large size of the property, extremely deep lot, and recent annexation status. The request is also reasonable due to the large size of the property and the ability to replace an older non-conforming garage. Recommendation: The Planning Commission unanimously recommended approval of the variance, with the findings and conditions as stated in the attached Resolution. - Printed on recycled paper - Lo(u)3 . . - RESOLUTION NO. 13180 RESOLUTION APPROVING A VARIANCE TO ALLOW TWO DETACHED GARAGES ON A LOT LOCATED AT 1410 JEFFERSON STREET S.E. RQUESTED BY LOUIS ZUMACH, PROEPRTY OWNER Whereas, Louis Zumach, property owner, has requested approval of a variance to allow construction of a . second garage on property located at 1410 Jefferson Street S.E. with the following legal description: Legal Description: Commencing at the Northeast corner of Lot 24, Auditor's Plat of Lot 15 of Auditor's Plat of Section 7, Township 116, North of Range 29 West; thence West along the North line of said Lot 24,547.0 feet; thence South 150.0 feet; thence East parallel with and to the North line of said Lot 24, 613.0 feet to the Easterly line of said Lot 24; thence Northwesterly along the Easterly line of said Lot 24 to the place of beginning. Whereas, the Planning Commission met on April 17, 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 variance, subject to the following findings and conditions: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the very large size and depth ofthe property, replacement of an existing non-{;onforming garage, and recent annexation into the City. The circumstances were not created by the property owner and the variance would not alter the essential character of the locality The applicant shall identify the existing private storm tile line prior to construction on site. The building must not encroach over the private storm tile line. The existing detached garage in the rear yard must be removed prior to final inspection of the new garage. Moving or relocating of any services are at property owner's expense. 2. 3. 4. Adopted by the City Council this 24th day of April,2oo7. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor l1C6) 3 ~ .(f,.:. ~ - _"6# '''''!:-s.r~ #;,;,'~~,;,:~~'r.i~ "'lr'l,:,~~....." ,,1t'~, ... ~"""'(4':, ':.:;r . ".....-.r. f ......':,:.'...;,. "..- p ;:;r:'4.1....,........7'N.... ;,<<:'.J,O.".;{-;,;'" ~. .,.........JOX "'-J.i? j>,. _'='....."'" ~.,.r..'........~.T:'.;r;............ ~.;p - ",..~ DIRECTORS REPORT - PLANNING DEPARTMENT To: HutchinsonP]anning Commission Bra.d Emans, Do,lf MOOD" .Dave :Hunstad, Miles Sepp.e'lt, Brian Warzecha, Jean Wa'rd, John Webster, John Olson, Lenny Rutledge, Kyl.e Di:m,ler, Kent Exner, Mark Schnobrich, Marc Sebora) Gary Plotz, Ken Merrill, JimPop'p, Dan HatteD, Dick Nagy" Rebece.a Bowers and BODnie Baumetz {Persons in attendance at Planning Staff Meeting (in bold) April 1 0, 2007, for April 17 , 2007, Planning Com.missionMeetin,g From: Date: Applicatio,n: VARIANCE TO ALLOW TWO DETACHED GARAGES ON A LOT LOCATED AT 1410 JE:FFERSON STREET S.E. Applicant:' LOmSZUMACH, PRO.PE'RTY OWNER Va.riance Brief Descript.itln The property owner is requesting a variance to allow a second detached garage (26' x 36') where only one detached g~rage is allowed by the Zoning Ordinance. There are currently two detached garages on the property, one is located in the front and is used as a wood shop. The other garage is a 1957 dilapidated garage located in the rear yard, which is 4 feet from the north (side) property line" Iftbe variance is approved, he \vould remov'e the 1957 garage and 'place the new garage approximately 36 feet from the north property line. The lot is 2 acres with the rear yard abutting a pond area~ The property was annex.ed with tbe Jefferson Street annexation in 2002. The applicant states the hardship as the property was recently annexed into the City and must meet City zoning requirements~ CiJCc )3 . . ~ Variance Louis Zumach -1410 Jefferson St. S.E. Page 2 GENERAL INFORMATION Existing Zoning: Rl (Single Family Residential) Property Location: 1410 Jefferson St S.E. Lot Size: 2 acres ExlstIn~ Land Use: Singl", FAmily Reiidential Adjacent Land Use And Zoning: Single Family Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning HIstory: 1ms property was annexed to the City in 2002. Applicable Regulations: Section 154.026 and 154.167 of the City Code Transportation: . Jefferson Street SE. Analysis and Recommendation: In order to grant a variance, the request must meet the standards for granting a variance, including a finding of undue hardship. Undue hardship is a legal standard set forth in MN Statute that means that the property cannot be put to a reasonable use without the variance. This factor means the landowner would like to use the property in a particular reasonable manner but cannot do so under the rules of the ordinance. It does not mean the land cannot be put to any reasonable use whatsoever without the variance. The second undue hardship factor.is the plight of the landowners is due to circumstances unique to the property not created by the landowner. The uniqueness generally applies to physical characteristics of the property and not to personal considerations of the landowner. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Thirdly, the variance, if granted, will not alter the essential character of the locality Staffhas reviewed the variance request and determined that there could be a finding of undue hardship and uniqueness due to the large size of the property (2 acres), extremely deep lot, and recent annexation. The applicant would remove an existing detached garage with a non- conforming setback, ifhis variance is approved, to build a second detached garage. There have been two variances in recent years to allow second detached garages. One variance in August 2005 was approved to allow a second garage along with a CUP to exceed 1,000 square feet at 465 High Street. Another variance was approved in May 2006 at 589 Hassan Street S.E. to allow a historic detached garage to remain. GC~ ') 3 Varisnu Louis Zumacb - 1410 Jefferson St. S.E. . Page 3 Staff recommends approval of the variance and found it meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to the large size of the property, extremely deep lot, and recent annexation status. The request is also reasonable due to the large size of the property and the ability to replace an older non-conforming garage. Staff . discussed the fact there is a private tile line on the property. The property owner must not build over the tile line. Staff would recommend approval of the request with the following recommendations: 1. The standards tor granting a variance have been met, including the finding of undue hardship and uniqueness due to the very large size and depth of the property, replacement of an existing non-conforming garage, and recent annexation into the City. The circumstances were not created by the property owner and the variance would not alter the essential character of the locality. 2. The applicant shall identify the existing private storm tile line prior to construction on site. The building must not encroach over the private storm tile line. 3. The existing detached garage in the rear yard must be removed prior to final inspection of the new garage. 4. Moving or relocating of any services are at property owner's expense. . ~ [PLe )3 Variance Louis Zumach - 1410 Jefferson St. S.E. Page 4 Existing Garage in Rear yard to be Repla'cedwith Proposed Garage Existing Workshop/Garage in Front Yard (p( [.) 3 ,a ;.- -.. ::\1 Old SIll3:/. o 50 00 - ~ - In scalE: 200 I ee . 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Hutchinson City Center 111_ Street SE Hutchln5Oll, MN 55350-2522 320-587-5151./F11x 32(l.234-4240 MEMORANDUM DATE: April 18, 2007 for the April 24, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONDITIONAL USE PERMIT TO ALLOW FIREWORKS TENT SALES LOCATED IN WALMART PARKING LOT AT 1300 HWY 15 SOUTH Reauest: The applicant has submitted an application for a Conditional Use Permit to allow tent sales of fireworks located in the Walmart parking lot. Section 130.08 C (6) of the Hutchinson Municipal Code requires a Conditional Use Permit for outside sale of fireworks. It has been a recent addition to the City Code that conditional use permits are required for review of fireworks displays. Previously, tent sales were not allowed. However, State Statute changed to require Cities to allow cities tent sales. TNT Fireworks has been granted a conditional use permit for the same request for several years. Additional information is included in the attached staff report. Plannlna Commission Meetlna: The Planning Commission held a public hearing and considered the request at their April 17th , 2007, meeting. There were no property owners who made comment or objected to the request. The Commission noted that there do not appear to be any traffic flow issues and there are no entrances onto Highway 15 in this area. Access would be from the internal parking lot. The display must be kept secured at all times. Recommendation: The Planning Commission unanimously recommended approval of the conditional use permit, with the findings and conditions as stated in the attached Resolution. . Printed au n:ocydod paper . ~(l-)t1 . . . RESOLUTION NO. 13181 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW SALE OF FIREWORKS IN A TENT IN THE W ALMART PARKING LOT AT 1300 HWY 15 SOUTH FOR RANDALL HERRMAN, TNT FIREWORKS Whereas, Randall Herrman, TNT Fireworks, applicant, has requested approval of a conditional use pennit to allow fireworks to be sold in a tent located in the WalMart parking lot with the following legal description: Legal Description: Lots 1,2, and 3, Block I, WaIMart Subdivision 2nd Addition Whereas, the Planning Commission met on April 17, 2007, on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrOlmding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: 1. 2. 3. 4. Display must be kept secured. Signage requires a separate permit. Access must be from the internal parking lot. The permit is allowed from June 18, 2007 to midnight July 9, 2007 Adopted by the City Council this 24th day of April, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor. 1o(C,')l-\ . . . i",~",.' ;r..'''')T '~'_.,S,/'ly..",;g.""__I-';:',#'/A/_''''-__,i'~''''..",:"".-...'.~ '0";'''''''''''';' .,.. : '., "'...-__NJ;#1'I/I."'''/_'i.'''~_'_-.r;6'''''''''.''' '." ~ ...,..,....__?..,_,_,~'I",~,.,:r;',4.'.r.'T.;r-I'.i',,; .' ',',' """3'. -"'.l.i""t ! DIRECTORS REPORT - PLANNING DEPARTMENT ~ l",,__;v -=' .~. .- '.o,...._,_..;-.,''".<r.:I,;,:.~....'''''''=''''''''',''','''..'..I:'M'''''''"'''''"'''",...:.:,to;''''.-'",:....; h# '" ,:-.>.;_;~,,_. >_.,.;0.._-""',.....'''"''..... _r-,...ft ..",;-r'_""';J':>':C~ :,'- ;_"_.I.:;:'".,;.--;~..:.:.t:""..:.tTM7'.;.<7=.....,....,_'.it\..../A"_L-':..o'...,,...,...,_~.._,.J To: Hutchinson Planning Commission From: Brad Emans, DoIfMoon, Dave Hunstad, Miles Seppelt, Brian Warzecha, Jean Ward, John Wehster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, Mark Schnobrich, Marc Seborn, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (persons in attendance at Planning Staff Meeting (in bold) Date: April 9, 2007 - Meeting Date: April 17, 2007 Application: FIREWORKS TENT SALES LOCATED IN WALMART PARKING LOT AT 1300 HWY 15 SOUTH Applicant: RANDALL HERMAN, TNT FIREWORKS CONDmONAL USE PERMIT Brief Description The applicant has submitted an application for a Conditional Use Permit to allow tent sales of fireworks located in the WalMart parking lot. Section 130.08 C (6) of the Hutchinson Municipal Code requires a Conditional Use Permit for outside sale of fireworks. GENERAL INFORMATION Existing Zoning: C4 (Fringe Commercial) Property Location: 1300 Hwy 15 S Lot Size: 16.8 Acres Existing Land Use: Commercial Adjacent Land Use And Zoning: Commercial Comprehensive Land Use Plan: Urban Commercial Design Zoning History: It has been a recent addition to the City Code that conditional use permits are required for review of fireworks displays. Previously, tent sales were not allowed. However, State Statute changed to require Cities to allow cities tent sales. TNT Fireworks has been granted a conditional use permit for the same request each year. 0(0') Y . . . Conditional use permit TNT Fireworks - WalMart parking lot Page 2 Applicable Regulations: 130.08(c), City Code SPECIAL INFORMATION Transportation: Hwy 15 S Analysis and Recommendation: Approval of a conditional use permit is required for this proposal. A CUP shall be granted only if the use meets the following standards: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; 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 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. (b) (c) Staff would recommend approval with certain conditions for safety. There do not appear to be any traffic flow issues and there are no entrances onto Highway 15 in this area. Access would be from the internal parking lot. The display must be kept secured at all times. It should be noted that any signage requires separate applications and permitting. The following recommendations are suggested: 1. Display must be kept secured. 2. Signage requires a separate permit. 3. Access must be from the internal parking lot. 4. The permit is allowed from June 18,2007 to midnight July 9, 2007 Cc: Randy Herrman, TNT, 15710 Rockford Rd #118, Plymouth MN 55446 Walmart Real Estate, 702 SW 8'" St., Bentonville AR 72716-8013 MNDOT toL0)Y . '\ .; . TNT FIREWORKS A Tent Placement Worl<sheet must acco.mpany each and awry Lease Agreement STAND I TENT PLACEMENT WORKSHEET ADDRESS ----1 ~\l'1Jnk . \--\w\}-ltS ~t\h CITY ~STATE mN ZIP TENT/STANDSIZE ,. LJ_Ox (pO STORE NAME I LOCATION , ~ ~'?f STAND I TENT SET UP DATES BElWEEN ~ I I ~ STAND/TENTTAKEDOWNDATESBEWTEEN 1/~ NORTH. A Mt0I1?,8 AND ~ [2.,1 Alii 1/"'} Ga..'b &-h>-h' l-h/J ~ 1 ! ) lidZ"aOW'" 1..- ~U Y0/~o(\~ f'_~'\ U .,,>(\. \ )po'V YJ ~\.. rhcv1- SOUTH iNDICATE LOCATION AND DIMENSIONS SPECIAL INSTURCTlONS SIGNATURE ~# llLucl'l ;TI)R~Gf;rU)RD\N~ ~;/; - SIGNATURE /~ . /"// I'~ '~ MEA MANAGER DATE_ ,- -DATE_ WHI!", TNl PINK - STOf1E MANAGER I LAND OWNER YEllOW . AREA MANAGER &CG)"1 . . . Hutchinson City Center III HullUl _ SE Hutcblnson, MN 55356-1522 3~S87.51S1JF... 3~234-4240 MEMORANDUM DATE: April 18, 2007 for the April 24, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: VARIANCE TO ALLOW A 19' CORNER SIDE YARD SETBACK WHERE 25' IS REQUIRED FOR AN ADDITION TO A NON-CONFORMING HOUSE AT 340 - 5TH AVENUE S.W. Reauest: The property owners are requesting a variance to allow a 19-foot comer side yard setback on the west side of their home, where 25' is required by the Zoning Ordinance. The owners want to construct a 208-square foot kitchen addition and a 780-square foot attached garage. The original garage and connection was recently demolished by the property owner. The existing house is non-conforming with approximately 19 feet from the comer street property line. The applicants state the hardship as the narrow comer lot with large boulevards on both street sides. They site the unique circumstance as the house being constructed before modern ordinances in the City. Additional details are included in the attached staff report. Plannina Commission Meetlna: The Planning Commission held a public hearing and considered the request at their April 17th , 2007, meeting. Other than the applicants, there were no property owners who made comment on the request. The homeowners stated that they will be doing a large remodeling project along with the addition and will also pave their new driveway. The Commission reviewed the variance request and determined that the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to the small lot size, existing nonconforming setback due to construction prior to modern zoning regulations, large boulevards, and small rear yard that would not allow a reasonable addition within current regulations. The circumstances were also not created by the property owners. Recommendation: The Planning Commission unanimously recommended approval of the variance, with the findings and conditions as stated in the attached Resolution. - Printed 00 =Ydod paper- (j;Cv y; RESOLUTION NO. 13182 . RESOLUTION APPROVING A VARIANCE TO ALLOW A 19' CORNER SIDE YARD SETBACK WHERE 25' IS REQUIRED FOR AN ADDITION TO A NON-CONFORMING HOUSE AT 340 - 5TH AVENUE S.W. Whereas, Jim and Patti Lowinske, property owners, have requested approval of a variance for a 6 foot reduction in corner side sethack to allow an addition to an existing non-conforming house located at 340- 5'" Ave. S.W. with the following legal description: That part of Lot 7 in Block 55 in Townsite of Hutchinson, South Half, described as follows: Beginning at a point on the north line of said Lot 7,4 rods east of the northwest corner of said Lot 7; thence south parallel to the west line of said lot 139.5 feet; thence west parallel to the north line of said lot to the west line of said lot; thence noith on said west line to the northwest corner of said lot; thence east of the north line of said lot to the place of beginning; now known as Lot 13, Auditor's Plat of Rearrangement of Block 55 South Half, City of Hutchinson. Legal Description: Whereas, the Planning Commission met on April 17, 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 fmdings of the Planning Commission and hereby does recommend approval of the variance, subject to the following findings and conditions: . 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the small lot size, existing nonconforming sethack due to construction prior to modern wning regulations, large boulevards, and small rear yard that would not allow a reasonable addition within cmrent regulations. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality The property owner shall verify the location of the private tile line prior to construction on site. Relocation of any services will be at the property owner's expense. The driveway shall be paved with the construction of the garage. Drainage shall be contained on-site and may not affect neighboring properties. The lot coverage may not exceed 50% of the total area of the lot. 2. 3. 4. 5. 6. Adopted by the City Council this 24'" day of April,2007. ATTEST: Steven W. Cook Mayor Gary D. Plotz City Administrator . tJC c ') S - --~~.....~~..r.~'-~---~=-""::<-~A..;r:"""'';I<',;~.,;,wI;~;c;&:7~~~~..r;P'~....r;;-.;t.''~..w;--_~.~-dT -'C. DIRECTORS REPORT - PLANNING DEPARTMENT ~ -~...,..~;.y...;..r>".I~~p-~;.K.............,.......__.~A"..iLI.~~..av~"""~"-:.# ~.-...e"'""",,~.....-:...ri'''''''~4f'';.8'' ....=-:.w:;~~~.........r ~- ~~- - To: IIutchinsoD Planning Commission Brad E:man.s, Dol,f MOOD, Dave Hnnstad, Miles Seppelt, Brian Warzecha, Jean Ward, John Webster, John Olson, Len.ny Rutledge, Kyle Dimler, Kent Exner, Mark Schnobrich,Marc Sebora., Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and BODnieBaumetz (Persons i.D attendan,ce at Planning Staff Me,eting (in bold) April 2, 2007, for April 17 , 2007,Planning Commision M'eeting From: · Date: Application: VARIANCE TO ALLOW A 19' CORN'ER SIDE YARD SETBACK WHERE 25' IS REQUIRED FOR ,AN ,ADDlTIO.N TO ANON-CONFORMING HOUSE AT 340-STH AVENUE S.W. Applicant: JIM AND PATTI LOWINSKE,PROPERTY OWNERS VARIANCE Brief Description The property owners are requesting a variance to allow a 19-foot comer side yard setback on the ,vest s:ide of their 'home, 'wh.ere 25" is required by the Zoning Ordin.an.ce.. The owners want to construct a 208-sq'uare foot kitchen -addition an,d a 780-square foot attached garage. The original garage and connectiQnwas recently demolished by the property owner~ The existing house is non- confo'lming with approximately 19 feet from the comer street property line. The applicants state the hardship as the narrow corner lot with large boulevards on 'both street sides4 They site th,eunique circumstance as the house being constructed before ID,odem ordinances in the City" The following aeria] photo identifies th,e subject site: I:B: ' II '''''", [ (j)(e ') S . . . Variance Lowinske-340-S" Ave. S.W. Page 2 GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Property Location: 340 - 5th Ave. S.W. Lot Size: 66' x139' Existing Land Use: Single Family Residential Adjacent Land Use And Zoning: Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The property is located on an older area of the City and developed before present zoning ordinances were in place. Applicable Regulations: Sections 154.057 and 154.167 and of the City Code Transportation: 5th Avenue S.W. and Grove Street S.W. Analysis and Recommendation: In order to grant a variance, the request must meet the standards for granting a variance, including a finding of undue hardship. Undue hardship is a legal standard set forth in MN Statute that means that the property cannot be put to a reasonable use without the variance. This factor means the landowner would like to use the property in a particular reasonable manner but cannot do so under the rules of the ordinance. It does not mean the land cannot be put to any reasonable use whatsoever without the variance. The second undue hardship factor is the plight of the landowners is due to circumstances unique to the property not created by the landowner. The uniqueness generally applies to physical characteristics of the property and not to personal considerations of the landowner. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Thirdly, the variance, if granted, will not alter the essential character of the locality Staff has reviewed the variance request and determined that the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to the sma1l10t size, existing nonconforming setback due to construction prior to modem zoning regulations, large (pee )S . . . Variance Lowlnske - 340_5" Ave. S.W. Page 3 boulevards, and small rear yard that would not allow a reasonable addition within current regulations. The circumstances were also not created by the property owners. Staff also discussed the private tile line on the property. The construction may not encroach over the tile line. Presently the driveway is gravel and the staff recommended that the driveway should be paved with the new addition. Drainage must not affect the neighboring properties and must be maintained on site. Staff would recommend approval of the variance with the following findings and conditions: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the small lot size, existing nonconforming setback due to construction prior to modem zoning regulations, large boulevards, and small rear yard that would not allow a reasonable addition within current regulations. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality 2. The property owner shall verifY the location of the private tile line prior to construction on site. 3. Relocation of any services will be at the property owner's expense. 4. The driveway shall be paved with the construction of the garage. 5. Drainage shall be contained on-site and may not affect neighboring properties. 6. The lot coverage may not exceed 50% of the total area of the lot. Cc: Jim and Patti Lowinske, 340 - 5th Ave. S.W. w( (. ) 5 Variance Lowiuske - 340-Stb .J\ve. S.W. Pag.e 4 View from ~~est (Grove Str~et) View':fromnorth front yard (Fifth. Ave. S.W.) 10 olcingat \vestproperty line comer lJ;( G J 6 . FIFTH AVENUE sw ctM1>& "" 66,00 6'.9. 17.9_ <0 />... ,..; 15.9 ExIsting Hou:se 19.8 CO PROPOSED ADDmON CO ~ Ti c .. 0 " =:1 ~ .. E I ~ Gr_~ dr". I I r- u 2 13 ~ w ---- w PROPOSED I a::: GARAGE I r- (f) 19.4 :\ 'Y\,."Y- . W ~ > ., o ... a::: ~ (9 . 'S :\O~ \)\)\ ~ ~) OCf- ~\; 0<\ 66.00 Existino House PElLINEN LAND SURVEYING ~ .. " ., .5 g as . It) 0(; Existing House ~"Y-~( <v "Y- <0 ~ 12 ~(; ) 0'!- ,:0'\0 SO . :,\Cy 0'0 0<\ C\,\-\ 14 HUTCHINSON MN we cy~ . D . ~~. Cl:'JV, 4.01> _ ~O (/ r-.h. )f),. i1-.'YOJ/ . ... 'Uc// '""'IJ1 "" . r.o: 1"~'1.f "I~ '''it.' ,< A O'i . "13 o o ~ r-,. (' ~ UI V IQw +r-O WI G Y'OU~ 'S /- ("~A ( LU.nf) . ~ c---> '\' 0....-/ \J\ . Ul~ +V0/'Y1 . ~o tJ-h . /:1~,..,,- "'::7", 4PR ~O O. g,1ty"f/. 100; '/Jl.oi;!/"41i. '. . it. ,,"'Oi/ '''8 . . . MEMORANDUM DATE: April 18, 2007 for the April 24, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Wind Energy Conversion Systems (WECS) Ordinance Reauest: Adoption of the attached ordinance creating Section 154.26 of the Zoning Ordinance to establish regulations for the installation and operation of wind energy conversion systems (WECS or wind turbines). Backaround: On June 27, 2006, the City adopted a 1-year moratorium on privately-owned wind and solar energy generating systems (WECS) to allow time for the City to conduct research and develop land use controls for these uses. On January 23,2007, an informational workshop on wind energy was held by the Council and Planning Commission with Windustry staff as a guest speaker to provide background and technical information on wind energy. Additional information is included in the attached staff report. The proposed ordinance addresses regulations for WECS only. Staff will prepare a less intensive ordinance amendment with recommended revisions to the Zoning Ordinance to allow solar power systems before expiration of the moratorium. Plannlna Commission Meetlna: The Planning Commission held a public hearing on the proposed ordinance at their April 171h, 2007, meeting. There was no comment from the public. The Commission discussed the ordinance, including the definitions, standards, setbacks, and the districts where a turbine could be constructed. The Commission discussed that properties that are suitable for WECS would be limited due to the size of lot required to meet the setbacks. Also discussed was the rationale of allowing WECS in R-1 and R-2 districts. Staff stated that R-1 and R-2 was included to allow large-sized residentially zoned properties and complementary uses such as schools and churches that are typically located in R-1 and R-2 districts. After discussing the ordinance, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the attached ordinance establishing the wind energy conversion systems (WECS) Ordinance. (QCv) LR . . . ORDINANCE NO. 07- 0463 AN ORDINANCE AMENDING CHAFER 154 (ZONING) OF THE HUTCHINSON CITY CODE TO CREATE SECI10N 154.26 ESTABLISHING REGULATlONS FOR THE INSTALLATlON AND OPERATlON OF WIND ENERGY CONVERSION SYSTEMS TIffi CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAlNS: Notice of public hearing was duly given and publication of said hearing was duly made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend the Zoning Ordinance to create Section 154.26 of the City Code to establish regulations for wind energy conversion systems as follows: 154.26 Wind Energy Conversion Systems (A) Purpose: The ordinance is established to regulate the installation of Wind Energy Conversion Systems (WECS) within the City of Hutchinson, not otherwise subject to siting and oversight by the State of Minnesota. (B) Interpretation, Conflict and Separability: 1. Interpretation - In interpreting these regulations and their application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. These regulations shall be constructed to broadly promote the purposes for which they are adopted. 2. Conflict - These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations. If any provision of these regulations that impose restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes higher standards shall control. 3. Separability - If any part or provision of these regulations or the application of these regulations to any developer or circumstances is found invalid by any competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances. (C) Enforcement, Violations, Remedies and Penalties - Enforcement of the Wind Energy Conversion System Ordinance shall be done in accordance with process and procedures established in the City of Hutchinson Zoning Ordinance. (D) Definitions: WECS - Wind Energy Conversion System: An electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and meteorological towers, that operate by converting the kinetic energy of wind into electrical energy. The energy may be used on-site or distributed into the electrical grid. - I - (jec )(p . Aggregated Project: Aggregated projects are those which are developed and operated in a coordinated fashion, but which have multiple entities separately owning one or more of the individual WECS within the larger project. Associated infrastructure such as power lines and transformers that service the facility may be owned by a separate entity but are also included as part of the aggregated project. Commercial WECS: A WECS of equal to or greater than 100 kW in total name plate generating capacity. Non-Commercial WECS:A WECS ofless than 100 kW in total name plate generating capacity. Fall Zone: The area, defmed as the furthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. This area is less than the total height of the structure. Feeder Line: Any power line that carries electrical power from one or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid, in the case of interconnection with the high voltage transmission systems, the point of interconnection shall be the substation serving the WECS. Meteorological Tower: For the purposes of this WECS ordinance, meteorological towers are those towers which are erected primarily to measure wind speed and directions plus other data relevant to siting WECS. Meteorological towers do not include towers and equipment used by airports, the Minnesota Department of Transportation, or other similar applications to monitor weather conditions. Property line: The boundary line of the area over which the entity applying for a WECS permit has legal control for the purposes of installation of a WECS. This control may be attained through fee title ownership, easement, or other appropriate contractual relationship between the project developer and landowner. . Rotor diameter: The diameter of the circle described by the moving rotor blades. Substations: Any electrical facility designed to convert electricity produced by wind turbines to a voltage greater than 35,000 volts for interconnection with high voltage transmission lines shall be located outside of the road right of way. Total height: The highest point, above grOlmd level, reached by a rotor tip or any other part of the WECS. Tower: Towers include vertical structures that support the electrical generator, rotor blades, or meteorological equipment. Tower height: The total height of the WECS exclusive of the rotor blades. Transmission Line: Those electrical power lines that carry voltages of at least 69,000 volts (69 KY) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers. Public conservation lands: Land owned in fee title by State or Federal agencies and managed specifically for grassland conservation purposes, including but not limited to State Wildlife Management Areas, State Parks, State Scientific and Natural Areas, federal Wildlife Refuges and Waterfowl Production Areas. For the purposes of this section public conservation lands will also include lands owned in fee title by non-profit conservation organizations. Public conservation lands do not include private lands upon which conservation easements have been sold to public agencies or non-profit conservation organizations. . -2 - Cfl0) 0J . . . Wind Turbine: A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. E. Application Procedures: Application for WECS shall be reviewed and processed in accordance with either the conditional use permits procedures established in Section 154.170 or with the site plan review procedures required in Section 154.169 of the Hutchinson Zoning Ordinance, as identified in the District Regulations table. The following information is required in addition to the information required for a site plan or conditional use permit application: The application for all WECS shall include the following information: 1. The names ofproject applicant 2. The name of the project owner 3. The legal description and address of the project. 4. A description of the project including: Number, type, name plate generating capacity, tower height, rotor diameter, and total height of all wind turbines and means of interconnecting with the electrical grid. 5. Property survey, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid, and all related accessory structures. The site layout shall include distances and he drawn to scale. 6. Engineer's certification 7. Documentation ofland ownership or legal control of the property The application for Commercial WECS shall also include: I. The latitude and longitude of individual wind turbines. A USGS topographical map, or map with similar data, of the project site including boundaries of the project area, surrounding property within . V. mile, and any other WECS within 10 rotor diameters of the proposed project. 2. Location of wetlands, scenic, and natural areas (including bluffs) within one mile of the proposeli WECS. 3. An acoustical analysis 4. FAA Pennit Application 5. Location of all known Communications Towers within 2 miles of the proposed project. Provide proof that the WECS will not interfere with emergency or other microwave transmission. 6. Decommissioning Plan 7. Description of potential impacts on nearby WECS and wind resources on adjacent properties. Application Procedures for Aggregated Projects: Aggregated Projects may jointly submit a single application and be reviewed under joint proceedings, including notices, hearings, reviews and as appropriate, approvals. Pennits will he issued and recorded separately. All aggregated projects over the 5 MW threshold currently outlined in State Statute are subject to State regulation. F. District Regulations: WECS will be permitted, conditionally permitted or not permitted based on the generating capacity and land use district as established in the table below: - 3 - Lp [e, ') (p . . . Zoning District Non-Commercial Commercial Meteorological WECS WECS Tower C-l,C-2, Not Permitted Not Permitted Not Pennitted C-3, C-5 C-4 Conditionally Conditionally Permitted Conditionally Permitted Permitted IIC Conditionally Not Permitted Conditionally Pennitted Permitted I-I & 1-2 Pennitted with site Conditionally Permitted Conditionally plan review Permitted GT Conditionally Not Permitted Conditionally Pennitted Pennitted R-I, R-2 Conditionally Not Permitted Conditionally Pennitted Pennitted R-3, R-4, R-5 Not Permitted Not Permitted Not Permitted G. Setbacks All towers shall adhere to the setbacks established in the following table: Non-Commercial WECS Commercial WECS Meteorological Towers Property Lines 1.1 times the total height 1.1 times the total 1.1 times the total height height Neighboring Setback to property line of 750 feet Guyed towers: The fall zone, Structures 1.1 times the total height as certified by a professional required. engineer + 1 0 feet Non-guyed towers: 1.1 times the total height Road Right of Way Guyed towers: The fall 1.1 times the height and Other Right of zone, as certified by a Ways (Railroads, professional engineer +1 0 power lines, etc.) feet Non-guyed towers: 1.1 times the total height Other Existing N/A 600 feet 600 feet WECS Wetlands, USFW N/A 600 feet 600 feet Types ill, IV and V H. Requirements and Standards I. Safetv Desil!I1 Standsrds (a) Engineering Certification - For all WECS, the manufacture's engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions. (b) Clearance - Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground. - 4- 0Cc- ") ~ . (c) Warnings - For all Commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable point Painted aviation warnings are recommended on metrological towers less than 200 feet (d) For all guyed towers, visible and reflective objects, such as plastic sleeves, reflectors or tape, shall be placed on the guy wire anchor points and along the outer and innermost guy wires up to a height of 8 feet above the ground. Visible fencing shall be installed around anchor points of guy wires on all commercial, industrial, and institutional properties. 2. Standards (a) Total height- Non-Commercial WECS shall have a total height ofless than 200 feet. (b) Tower configuration - All wind turbines, which are part ofa commercial WECS, shall be installed with a tubular, monopole type tower. (c) Color and Finish - All commercial wind turbines and towers shall be white, grey or another non- obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matt or non- reflective. Metrological towers are exempt from this requirement. (d) Lighting - Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration permits and regulations. Red strobe lights are preferred for night-time illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided. . (e) Other Signage - All signage on site shall comply with the City of Hutchinson sign ordinances. 1be manufacturer's or owner's company name and/or logo may be placed upon the nacelle, compartment containing the electrical generator, of the WECS. (f) Feeder Lines - All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried where reasonably feasible. Feeder lines installed as part of a WECS shall not be considered an essential service. This standard applies to all feeder lines subject to City authority. (g) Waste Disposal- Solid and Hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations. (b) Discontinuation and Decommissioning - A WECS shall be considered a discontinued use after 1 year without energy production, unless a plan is developed and submitted to the Hutchinson City Zoning Administrator outlining the steps and schedule for returning the WECS to service. All connnercial WECS and accessory facilities, including the foundation, shall be completely removed within a year of the discontinuation of use for commercial WECS projects. For non-commercial projects, the footings for the WECS may be left in place provided the slab remains in place. . (i) Each Commercial WECS shall have a Decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party; such as a Professional Engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identifY the [mancial resources that will be available to pay for the decommissioning and removal of the WECS and accessory facilities. - 5 - wCe) ~ . . . G) Orderly Development - Upon issuance of a conditional use permit, all Commercial WECS shall notify the Energy Facility Permitting staff of Department of Commerce of the project location and details on the form specified by the Department. (k) Noise - All WECS shall comply with Minnesota Rules 7030 governing noise. (I) Electrical codes and standards - All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards. (m) Federal Aviation Administration- All WECS shall comply with FAA standards and permits. (n) Uniform Building Code - All WECS shall comply with the Uniform Building Code adopted by the State of Minnesota. (0) Interference - The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals cause by any WECS. The applicant shall notify all communication tower operators within two miles of the proposed WECS location upon application to the City for pennits. No WECS shall be constructed so as to interfere with any microwave transmissions. 3. Avoidance and Mitigation ofDamal!es to Infrastructure and Utilities (a) Roads - Applicants shall: Identify all county, city or township roads to be used for the purpose of transporting commercial WECS, substation parts, concrete, and/or equipment for construction, operation or maintenance of the commercial WECS and obtain applicable weight and size permits from the impacted road authority(ies) prior to construction. (b) Be responsible for restoring or paying damages as agreed to by the applicable road authority(ies) sufficient to restore the road(s) and bridges to preconstruction conditions. (c) Drainage System - The Applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the WECS. (d) The owner of the WECS is responsible for any damage to any below grade public or private utilities, due to the installation, operation, decommissioning, or action otherwise resulting for any WECS. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this _ day of ,2007. Attest: Gary D. Plotz City Administrator Steven W. Cook Mayor -6- wc~ ') (p E:; o o E) . . . Vestlls NM82 1,650 kW This turbine could generate power rorabout 475 homes at a good Wind stte.1t Is among the largest turbines available today. Installed cost Is abOut $1.600,000. / ./ Zond Z-40-FS 500 kW This turbine could produce eJ<<trldty for ~bout 15000mes at" good wfnd site. TiJrblnes In this sIze range were ('otting lidge technology In the mJd-1990s.1nstall$dcost IS aoo1it$500,OOO. '98' 'lZ' / ~-k 11 'I :1 :i il " II :1 Ii ii II 4 112' '00' Bergey Excel10kW At B good wind site, this tuitJinecouJd generate enough filKtrlclty for one average h~. Ihrtalled cost Is about $35,000. . . . Frequently Asked Questions The following are cornrnon questions received by Windustry. If you have other questions that you feel should be addressed here, send your question to infolCilwindustrv.oro. . How much do wind turbines cost? Wind turbines corne In rnany shapes and sizes, but here is a rule of thurnb on how rnuch they cost: o Wind turbines have significant econornies of scale. A large-scale wind turbine (I.e. greater than 600 kilowatts) costs approxlrnately $l,OOO/kllowatt of narneplate capacity. That means a hypothetical 1,000 klllowatt (1 megawatt) turbine will cost approxlrnately $1 rnillion full installed. o Smaller farrn or residential scale turbines cost less overall, but are rnore expensive per kilowatt of energy producing capacity. Wind turbines under 100 kilowatts cost roughly $3,000 to $5,000 per kilowatt of capacity. That rneans a 10 kilowatt rnachlne (the size needed to power an average horne) rnlght cost $35,000-$40,000. Read more: Windustrv Fact Sheet- Wind Enerav Economics . How big are wind turbines? Wind turbines range in size frorn tiny rnicro turbines, to enorrnous utility scale power production facilities. Large turbines have rotor diarneters of 50 to 90 rneters. The tip of the blades might reach as high as 135 m (442 ft) In the air. Srnaller turbines are usually placed on 30 to 40 rneter towers. See relate graphic: The Scale of Wind Power . Are wind turbines noisy? On a windy day, the sound of the turbine is drowned out by the wind even Just a short distance from the turbine. Current technology rnakes noise alrnost a non- issue at rnost wind farrns. However, wind turbines do produce sorne sound, which rneans wind farrns should be sited with this In rnlnd. Read more: American Wind Enerav Association Fact Sheet and information from the British Wind Enerav Association. We') (p . . Do wind turbines harm wildlife? Birds and bats occasionally collide with turbines, as they do with any tall structure. A few older wind projects have raised concerns about bird impacts because they were built in areas with sensitive raptor populations. Careful siting and wildlife studies rnake it possible to avoid rnost wildlife problerns. Read more: National Wind Coordlnatlng Committee report, "Avian Collisions with Wind Turbines: A SummarY of Exlstina Studies and Comoarlsons to Other Sources of Avian Collision Mortality in the United States" . Is wind energy expensive? Wind energy is the cheapest forrn of new electricity generation available today. Wind power Is more expensive than power frorn old, established power plants, but Is cost cornpetitive with any new power plant. Technology innovations and rnarket building incentives have helpecl to drarnatlcally lower costs over the last 20 years. Read more: AWEA's wind enerav costs FAD . . What is the status of the wind energy market In the United States? Wind is the fastest growing energy source In the world, expanding at a rate of 20-30% per year. The U.S. had a record year for new wind in 2005, with rnore than 2,400 MW of new wind energy Installations. This brings the national total to 9,149 MW of Installed wind energy, enough to power 2.3 million hornes. The outlook for U.S. growth In 2006 is bright as the Industry In on course to bring over 3,000 new MW on-line over the year. California rernalns the nation-wide leader In Installed capacity with 2,150 MW, but Texas Is rapidly catching up with 1,995 MW. Iowa is in third place with 836 MW and Minnesota added 129 MW In 2005, putting us in fourth place with 744 MW. Minnesota continues to lead the country in cornrnunity, farmer, and locally-owned wind projects. Read more: Wlndustrv Fact Sheet-Introduction to Wind Enerav and the Amerlam WInd Energy Association's Outlook 2006 and 2005 Global Market Reoort. . What Is Net Metering and Net BIlling? The concept of net rnetering programs is to allow utility custorners to generate their own electricity frorn renewable resources, such as smali wind turbines and rooftop solar systerns. The custorners send excess electricity back to the utility when their wind systern, for exarnple, produces rnore power than neecled. Custorners can then get power frorn the utility when their wind systern doesn't produce enough power. In effect, net rnetering allows the interconnected customer to use the electrical grid as a storage battery. This helps custorners get higher (retail) value for rnore of their self-generated electricity. . Read more: The Green Power Network: Net Meterlna Policies w~ )I.P . . . . What are the advantages and disadvantages of connecting my wind system to the utility grId? The advantages of utility interconnection Include having standard utility AC power when you need it, not just when the wind biows; elirninating the need for storing excess electricity in batteries, which can be expensive; and you only pay for the net electricity used. One disadvantage of net rneterlng and net billing rnay be the cost of the Interconnection, which can vary considerably from utility to utility. There are efforts to get standards In place for Interconnection guidelines. . Are there any Investment opportunIties In wind energy? There are two broad classes of wind turbines: utility-scale and residential-scale. Most opportunities for public investment will be with the utility-scale turbines, as many of the industry participants are publicly-held corporations. These Industry participants Include wind developers who own the turbines and hold Power Purchase Agreernents with utilities; the utilities or electric distribution cornpanies that sell the electricity retail to custorners; transrnission cornpanles; energy marketers; turbine installation contractors; and turbine, tower, and other nelated hardware rnanufacturers. Some of these cornpanies ane listed on our Resources ~. We do not endorse anyone of these cornpanles, but would recornmend you consult an Investrnent advisor that specializes in the energy industry. A new developrnent in the Investrnent profession is that a growing nurnber of advisors, managers and mutual funds are specializing In environmentally-benign investrnent opportunities. A business library can also help you find references to these opportunities. Read more: American Wind Enerav Association Investment Fact Sheet . How do I lease my land to wind turbine developers? Wind developers buy the turbines from the rnanufactuners, lease the land to place the turbines, construct and operate the developrnent, and sell the electricity to a utility or distribution cornpany. As a landowner, your business role will be to negotiate a contract for the lease of your land to a wind developer. To prepare for this, you need to understand your product (your land) and rnarket It to your custorner (the wind developer). Wind developers are looking at more than just a strong wind resource, though. They are also looking at the availability of transrnlsslon lines, the arnount of open space, and a host of other factors. In reality, If a developer is interested In your land to host a project, they will contact you. Wind developers assurne that land owners have not perforrned any preparatory analysis of their land. They choose sites based upon their own analysis rnethods. When they have located suitable sites, they contact the land owner to negotiate a lease. Sornetirnes before deciding on the land they will ask the landowner If they can perforrn their own analysis of the site, including installing an anernorneter (wind rneasuring instrurnent). If you think you have a sufficient understanding of your land and your wind resource, you can invite conversations with developers. Wind developers range frorn large, rnultl-national wind turbine rnanufacturers to srnall regional businesses. Some are listed on our Resources Daae. ({leu ')lo . . How do I measure the wind resource on my land? Wind assessment takes place at a number of different levels: consulting a wind map, obtaining previously rneasured data, and taking your own measurernents. The cheapest and easiest way to assess your resource is to consult a wind rnap. It is irnportant, however, to remember that wind rnaps are not always detailed to the level of individual hornesteads and there are rnany factors, such as hills, buildings, and trees that rnay further cause variances frorn the map. Nevertheless, it is a good place to start to give a general Idea of your resource and do sorne basiceconornic analysis. The next step is to obtain data that has already been rneasured by other groups In your area. State governrnents frequently have weather stations around the state In which they receive wind speed data. Also, airports keep track of wind speeds In their area. Finally, you can rneasure your own wind speed by installing a device called an anemorneter. Some state energy offices have a loan prograrn in which you can rent an anernorneter and data loggers to record your wind speed data. Contact your state energy office to learn rnore. . . (y(0)~ CirJOf~ ~ . ] 11 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-515 IfFax: (120) 214-4240 City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, A...'~ TRANSIE;../T MERCHANTS All applications must be received at least 30 davs before event in order to be considered Application Type (choose one) o Solicitors o Transient Merchant o Peddler $IO().OO $J])O.()O $100.00 A licant Information 2" X 2" Picture Required . . Name: ~(Ul 'S::\\\ ~E4<...V- Height: c; - \ \ Weight: 2ll; Eye Color: Driver's License Numher: N~ 't\ '10 I '+3 q I 2.- State: j 7 S-I.: 5 LANE AVE h1n Slnte Pem1anent Address: bhk'n I (is m\ cir:,' Sc ?X " '- J ::>\ J L.J.j! Penn anent Telephone: S8 7 - 93 [: Y Temporary Address: J::1'>')\.1 IS S 'tt'l ,Ie hi ('/"(w-, nl n elfy SlUte I::>) t, S::=3SC) Zip 'J Temporary Teiephone Access: ;-]Cj(o - &,oLJ ~7 tme. misdemeanor, or violation of any municipal ordinance, other than '.'"; ,--'~ \ City of Hutchinson Application for Pr:ddkn, Solidron, and Transient Merchants Pagel of 3 .,~tQ~!ltifQrm~li~. ""G:.",~j!~~,H~,!m'"t":'-' Y"\ Location Name . . Describe relationship between applicant and employer: T ~.n .s-\-1\ud-er Otvl'\ !he Gtvneh Describe nature of business and describe item(s) offered: -1t --tPm~(U'1 9 fff'n\v'A.lse ~i.U s-e..~ .Q.bnur.;l \}~ ~r~ci~ ~ ~€.n mCP'S"'::::N)'-eS. CR:;;;A~s) po~~ ') Describe method of delivery: Viet u 9 {+rcUh.r -' <:;;W\O.I f -.\-ru.ct.s Gni C)Nl 4.; 1'YI'i' a Sem:. -+en \ k..r. J- s'h rubs rrl~bt Describe source of supply: ~be\S Supplier Name ~l \'€.4 S \ s ~. " Provide two (2) property owners (preferably in McLeod County) for character references: ::SUint's ~~t\<~S ~7 - 397 I Property Ownt!r NtunI! ,Property OwnIer P1Jo:M Number IS';57~ \-but ~ mil Sc,?.So Property ~r Address City State Zip J::(~(\ck Scl-t-c <;:.,9:7 -70<+7 Property Owner N~ P~rty Owner Phone N~r ~n ~ ~ ;:)40 {h s,+- ~,~ tnn ,SS3S0 P Ownu Address Ci Stare 19Ci\ . . . City uf Hutchinson Applicationfor Peddlers. Solicito", and Transimt MerchanJs Pagd of 3 ~R~eI'e"", List last (up to three (3)) previous city(ies) where you carried on same activity: \-\~\i\ I'\.~Y"\ rn <J.. ::J t \'€'cus. City ~ ,State to Date(s) of Activity City State to Date(s) of Activity City State to Date(s) of Activity .,,, ',_':" "'~..:", ,,'~~,ir:lS' ~"'" "..~'~' '''~'!~:W~~~~~~~~~i~8ll1t~~iHg,,~1HJ!~Y'~'''''''' ":__,1i1~g:"~~1!f~~lIt '" The following items need to be completed and/or attached in order for the application to be processed: ApplicationlInvestigation fee paid in full (cbeck or IIIOney order): 0 yes 0 no Ono I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddters, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. fJ Uvr'- d5. L./LD Applicant's Signature Li -II -Of Date Police 0 approved 0 denied Notes: City Council 0 approved 0 denied Notes: H:/I...icemc::YAppIi:::al:IomIPtddlm'..5oficmr,~.doc Loci) . . . ~, L\-~Fof Permit Fee: $25 (short term) Date Received: III Hassan Street Southeast Hutchinson. MN 55350 (320) 587-5151IFax: (320) 234-4240 City of Hutchinson APPLICATION FOR PARADE PERMIT All applications must be received at least 30 days before event in order to be considered . On!anization Information I!1JIN/GsOI'A- MNG~ !YI0"f1)f(CI/e,le. d /"'b _ !>1lOwbrehof~(3.;2.0)- Sn~? / oS- Organization Name . Phone Number :2 33 g I 81-aJ-f.- II; 'f.JuJ"1 ! < ,47U+VJs. AI /J1A1 S'5"3 <so Orl!anizalion %ddress Ci/v State Ziv A)ltborized Officer andParadeChairtnan Information Da Jf G'IISs,l/I!IV Officer Name d'? -:g / ~ -r<t ft /I !ift" 'I Ii' Res idence ddress/ Da If( G A .f, SI11/1. ,() Parade Chairman Name . ?71)-5!37-/?jo?' Phone Number 1It<.i-Ch,'r\Con M tV City f Siate )63sC Zip :? 26 -5<g7 -95/ Cl 5" Phone Number fL t{fch;l\ So >t Ci ft1A) State JJ:5~o Zi Parllde lnformatiQn Parade Date: if..yJ V J i 7 Df') 1 Assembly Time: 3-;}' fJ III Location and Descriptln Of~sse~bIY Area: IIIcLr.3:Jd ,P~; r Q..vou:ndc; Starling Time of Parade: '1 :30 F'J11 Estimated Time offarade: 3~ -'It> /1'l;h"fr::,<;' Starting Point of Parade: 1J11" le."" .;::4.t'YffVO~UV{S... L;,hf (4v<<-J( Route of Parade Travel: ~o + <,.\- _ -tr> 5 ' (, "n,.{ . \2.r,n rl +c, \-\< n. ~J S cu.A. +c-,.uQf\. '\ rt'C\ ~ ~ 4- . ---IT, ~ ~ nil c ;..df) Ending Point of Parade: Jtlc I i!"{)J ,=a;Y'fY"(.l).uI5 Approximate Number of Units, Animals, and Vehicles which will constitute Parade: J 0 - G. 0 Type and Description of Animals and Vehicles: ~ / / tJ I -~ 7r- ;}(eS a nd lYlofoV r vcJ~.s- f Maximum Interval of Space to be Maintained Between Units: /15 - I~ +1- Maximum Length of Parade: Minimum and Maximum Speed ofParllde: /0 - ~G Portion of Street Width Traversed: u" Jt.:~ W- If)~.,,_-I I,~ c . <"s'X MPH 0JCe~ efty of Hutchinson Application for Parade Permft Page 2 of2 . Checklist The following items need to be completed and/or attached in order for the application to be processed: Permit fee paid in full (check or money order): MI yes [J no Permit A licalion com leted in full and sl ed: [J no . . I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. QAJ /t2~ Signature Of aut rized officer of organization or parade chairman f)f/rl) !t 2co 7 D e Internal Use Only Police ,J( approved [J denied Notes: r ,t!7'" ( City Council [J approved [J denied Notes: wee') Cu,ofA ~ ~' Permit Fee: $25 (short term) . Date Received: III Hassan Stn:et Southeast Hutchinson, MN 55350 (320) 587.5151IFax: (320) 234-4240 City of Hutcbinson APPLICATION FOR PARADE PERMIT All applications must be received at least 30 days before event in order to be considered Or.eanization Information Yf1d-aw\ or Fo""'ei~'" 'W...... Ghar-lid r'I(LP.(A.~U,,,, \)~Sl Cf% Organization Name Phone Number '2 Cn.. (Sf If lJC ft1I::L J'1i Orr!anization Address &JJ.. H!;6^ Citv y..fII. Stale ~s S S- C> ZiD Authorized Officer and paradeChainnan Information J;-.,~"I iOL fl. S"",.\+t PclJi (O""....ANO,c.1.. Officer Name ;;>1-0 .. Z3'1- -U"O 'I Phone Number ~3" 6-ro>o./f 51 Sw Residem:e Address .5p~.,etsrl.. llc~y7.nv Parade Chairman Name tI..i4....;. 1M City ~ State s-.r~ ro Zip S04 - 2., i'c Phone Number . .r.rr 3I1.o.4v~ .r~ Residem:e Address r( ..../ C t.. Citv Jf^'" Stale ~ r U.... Zip Parade Information Parade Date: 1M,,"; 1-8 :JJJI,1 Assembly Time: D q DO A,' ~ . Location and Description of Assembly Area: #As;f'A"" is,.-rI.AJ- ?..o .."~ AN ~~"""H Starting Time ofParade: 0"30 ~ i'1 Estimated Time of Parade: YL "0.. " . Starting Point of Parade: j!'No('UUf.C.7',O;) t;E -liAf''',) rJ <t ZJ//I /+-...,e r& Route of Parade Tmvel: ~ n~ ffASr~ J fr fir Av, ~IS -r?Afl 7.. ""/~ot> c.",,~..y "'trrc~""J ?ffl#./, Ending Point of Parade: 1I'11. leol) f3JJJ>I"-1<i It("1'rtf 1'$ ,lJl'rlt.jI!. Approximate Number of Units, Animals, and Vehicles which will constitute Parade: J 9 . Type and Description of Animals and Vehicles: M.tn..<. "'J g 4"".1 /ftI....,tC4"w 1'f11':(1 SG...A() ArtU... (0 Ll..r..tJ 1'... A"r 60.-.). _~.,.,UJ1 ,........)r . Maximum Interval of Space to be Maintained Between Units: 20 f:'1E1!!"7 Maximum Length of Parade: 'Z.- IUn/Cr Minimum and Maximum Speed of Parade: MI'tvJ.':"f [,PI! 1If) Portion of Street Width Tmversed: ~ AN" ..... d IN MPH CQ(f} '. . . . City of HWchinson AppiJcatWn for PalYllh Permit Poge 2 of2 Checklist The following items need to be completed and/or attached in order for the application to be processed: Permit fee paid in full (check or money order): 0 yes 0 no Permit Auulication comnleted in full and siJ/;lled: 0 yes 0 no I declare that the infonnation I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the infonnation submitted ~-~(it .gnawre of authe officer of organization or parade chairman 'l AV'12..' (. 20,,"1- Date Internal Use OnlY Police p(approved 0 denied Notes: LT. City Council 0 approved 0 denied Notes: (oCt:') . Memorandum . . TO: FROM: RE: DATE: Mayor and City Council Brenda K. Ew~an Resources Director Proposed Amendment to City Policy No. 3.27 - SicklVacation Leave Donation April 18,2007 Attached for your review and consideration are the proposed amendments to City Policy No. 3.27, SicklVacation Leave Donation. The proposed amendments are twofold, and as follows: 1. Provision 7 - Minor language clean-up due to change in tenninology. Previous position title of Human Resources Coordinator is revised to reflect the current title - Human Resources Director. 2. Provision 4 - Add language to allow the City Administrator, per his discretion on a case-by-case basis, to authorize additional leave donation to a regular part time or full time employee per the circumstances noted. Specifically, if a regular full time or regular part time City employee has exhausted all of their accrued time and the 20 days of donated leave allowed, due to a personal catastrophic illness and/or serious health condition, the City administrator may authorize additional time donation above the nonnal maximum noted. Such situations that could be considered may include the following; a. Shorter tenn ernployees who, to date, have not accrued vacation, sick, and or compensatory time to see them through the illness or to the point where the Long Tenn Disability coverage may be applicable (180 days). b. Employees who have experienced previous recent medical conditions not considered catastrophic or serious per this policy that required or resulted in the use of accrued leave. Hence, upon suffering from a subsequent serious medical condition do not have the accrued to see them through the illness or to the point where the Long Tenn Disability coverage may be applicable (180 days). c. Ernployees who are suffering from a tenninal illness and, again, have not met the 180 day qualifying period for the Long Tenn Disability coverage. Please note that the additional donations are subject to donations being made by fellow employees, and this amendment does not apply if the illness or condition is related to the employee's spouse or dependent child(ren). If you have any questions, I do plan to attend the Council meeting on April 24. Enc!. loC~) . . . UC~) Policy No. 3.27 ~ . . CITY OF HUTCHINSON POLICY - Personnel - SICKNACATION LEAVE DONATION NO. 3.27 DATE FEBRUARY 2000 ~,., SOURCE ADMINISTRATION SICKNACATION LEAVE DONATION POLICY The City of Hutchinson recognizes that a catastrophic illness and/or serious health condition of an employee or immediate family member (spouse or dependent child) may deplete an employee's available paid leave (sick/vacate on/compensatory time). This policy is meant to provide employe.es with the option of assisting fellow employees at such a time. Policy City employees having accrued sick or vacation leave will be allowed to donate a portion of such accrued leave to fellow employees experiencing a catastrophic illness and/or serious health condition suffered by the employee, the employee's spouse, or the employee's dependent child(ren). A catastrophic illness and/or serious health condition includes but is not limited to, heart attack, stroke, organ transplant, or other life threatening illness or debilitating condition as defined by a physician's diagnosis. The donation of leave from one employee to another shall be subject to the following terms and conditions. 1. An employee is only eligible to receive donated leave for time lost from normal work hours due to a life threatening disease or condition as defined, above. 2. An employee will be eligible to receive donated leave only after the employee's accrued sick, vacation, and compensatory time have been exhausted. 3. All requests to receive donated leave must be in writing to the City Administrator and must be accompanied by supporting medical data. The requests will be reviewed by the City Administrator and must be approved to become effective. ='~!i!'i ~!f-iliNo full time employee will be allowed to receive more than a total of twenty (20) work days or 160 hours of donated leave for any single major life threatening disease or condition. A permanent part time employee who eams accrued time will be allowed to receive up to a total of ten (10) days or 80 hours of donated leave for any single major life threatening disease or condition. (JCo) . . . The City recogniies tFialal/ employees in aCcrued vacation Jeav.e, sick leave, and co time dl./8 to such as limited length-olseNice, previous 'me/iJreai issues. reqti; , leave, etc. Per the City Administrator's discretion;' an-employe . .. experiencing or suffering from a serious catastrophic i/lne- tef711inal, illness, may receiv more donated time than prey: Administrotpr .. .'. amount of additional tiin< provided the. . ated by fellow employees., does not apply . a/'" condition is r~/atfi(jto, r;PiJd.) 5. An employee may only use donated leave up to the time of eligibility for a long-term disability benefit (if applicable), or for the maximum number of days allowed to be donated, whichever occurs first. 6. A full time employee may donate no more than sixteen (16) hours of leave per calendar year to a single fellow employee. This shall not be construed to prohibit donating sixteen (16) hours per year to additional employees. A part time employee may donate no more than eight (8) hours to each requesting employee per calendar year. Leave donations will be calculated using time and not an equivalent cash amount. 7. An employee who is donating paid leave must do so from the employee's accrued sick and/or vacation leave balance. 8. A written request to donate leave must be made to the Human Resources Coordinator 'tiifg~tgr on forms designated by the City for that purpose. The Human Resources Coordinator QiteWQ(- shall submit all requests to the City Administrator for final approval. All donations made will be kept confidential. 9. The City Administrator shall have the right to deny use of donated leave or limit its use if it is determined to be in the best interests of the City of Hutchinson. The Finance Department (as part of the payroll function) will subtract donated leave from the donor's accumulated balance and credit the donated hours to the requested employee. Donated time will be processed and used by the date of submission until the eligible amount of donated leave is reached. Contributions of leave hours exceeding the eligible amount will be returned to the donating employee, and will not be transferred. vC~) . . . '-',.+/-.' i'ii TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Improvement Project Assessment Roll (Letting No. l/Project No. 06-01) DATE: April 24, 2007 Attached are the necessary Resolutions and Revised Assessment Roll, to record the revision to TH 7/15/22 assessments for the McLeod County Historical Society due to City's acquisition for the School Road Pedestrian Underpass project. The revised assessable frontage along TH 7/22 will be 97 LF ((402 x .50) -(208 x .50)). This revision will be reflected on the MCHS's 2008 property tax statements. We recommend that the above Property Assessments be approved. cc: Gary Plotz - City Adminilllrator 0Crn ') . RESOLUTION NO. 13183 RESOLUTION ADOPTING REVISED ASSESSMENT ASSESSMENT ROLL NO. 5079B (Revision of SA-6079) LETTING NO. 1/PROJECT NO. 06.{)1 WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for irnprovement of: City-funded improvements proposed within Mn/DOTs TH 7/15/22 Reconstruction Project (S.P. 4308-31, 4308-25, 4302-44 & 4304-51) and allocated per standard MnlDOT cost- sharing criteria include complete street reconstruction, new roadway construction, trunk and lateral storm sewer and stormwater treatment irnprovements, trunk and lateral sanitary sewer and services, trunk and lateral watermain and services, grading, gravel base, concrete curb and gutter, concrete median, biturninous base, bituminous surfacing, sidewalk, landscaping, restoration, lighting, traffic signals and appurtenances. Proposed improvements to construct the extension of Montana Street south of TH 7/3rd Avenue NW to Les Kouba Parkway. WHEREAS, the following properties have adjustments or revisions to their assessments as follows: 36-117 -3Q-13'{)2oo Reduced assessable frontage to 97' as a result of City land acquisition for the School RdIHwy 7 West Pedestrian Underpass, thereby reducing the assessrnent to $4,338.81. Additionalreductlon of $465.19 for 1/2 of the Principai arnount Paid in 2007, which reduces the assessment to $3,923.62. Said reduced assessment shall run for a 9 year period beginning in 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: . 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed irnprovement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of nine (9) years, the first of the installrnents to be payable on or before the first Monday in January, 2008 and shall bear interest at the rate of 4.97 percent per annum as set down by the adoption of this assessmen.l resolution. To the first installment shall be added interest on the entire assessment frorn January 1, 2008, until the 31 st day of Decernber 2008. To each subsequent installment when due, shall be added Interest for one year on all unpaid Installments. 3. The owner of any property so assessed rnay, at any time prior to certification of the assessmentto the County Auditor, pay the whole of the assessment on such property, wlth interest accrued to the date of payment, to the Clty Treasurer, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2007; and he may, at any time thereafter, pay to the City Treasurer the entire arnount of the assessment remaining unpaid, with interest accrued to the 31 st day of December, of the year in which such payment Is made. Such payment must be made before Novernber 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transrnit a certified duplicate of this assessrnent to the County Auditor to be extended on the property tax lists of the County, and such assessrnent shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 24th day of April 2006. . Mayor, Steven W Cook Clty Adrninistrator, Gary 0 Plotz (P Ch ') ESTIMATED PAYMENTS ON ASSESSMENTS SPREAD OVER 10 YEAR PERIOD THE HIGHER EDUCATION BOARD. MCLEOD COUNTY HISTORICAL SOCIETY CITY PID# 36-117-30-13-0200 COUNTY PID# 23.275.0220 10 YEAR SPREAD .' SA-6079- $8,990.73 Original Yeariy ...., Assessment Year Balance Princloal 4.97% T otalPavmllnt Year .'. I PiVOf! $ 8,990.73 2007 $ 8,990.73 $ 899.07 $ 521.31 $ 1,420.39 2007 $ s.Q\)M6 2008 $ 8,091.66 $ 899.07 $ 402.16 $ 1,301.23 2008 - $ '7,192,58 2009 $ 7,192.58 $ 899.07 $ 357.47 $ 1,256.64 211119 . $ 6,2.9a51. 2010 $ 6,293.51 $ 899.07 $ 312.79 $ . 1,211.86 2010.... $ 6,394.44 . 2011 $ 5,394.44 $ 899.07 $ 268.10 $ 1,167.18 2011 $ 4,495.37 2012 $ 4,495.37 $ 899.07 $ 223.42 .$ 1,122.49 2012 .$ 3;696;29 2013 $ 3,596.29 $ 899.07 $ 178.74 $ 1,017.81 2013./ $ 2i.$9t.22 2014 $ 2,697.22 $ 899.07 $ 134.05 $ 1,~.12 20111<' . $ '-j;'l'98i1J) 2015 $ 1,798.15 $ 899.07 $ 89.37 $ 988.44 , 2015' 1$ 8l)9:Q7 2016 $ 899.07 $ 899.07 $ 44.68 $. 943;76 2016 $. ;XQ:OO 2017 $ 10.00 $ - $ (0.00 $ 10-001 2017 ,', $ . $ 8,990.73 $. 2,532.09 $. 11,522.82 _nrstyear- 14 months "terest ".. "",r = 14 months 4.97% 112 Months x 4.97% = x 14 Months = 5.798333% 112x 14 = T$ $ 8,990.73 $ 446.84 $ 8,990.73 x 5.798333%= $ 521.31 I 521.31-\ . -c .'. , .... SA-6079B - $4,338.81 _ (SEE ADDlTONALREVlSION BEi:.OWI' .' .Rityl..,dQ.4l24l2Oll7:.Re<luced frontage from 201' to 9T due to etty'.landllcqu~nfOrSchOQlR<llTH7'N~t . 'PedeetrlanUnderoaes, reduclna the assessment to $4338.81. See followtllCl.lable. Original Yearly '. !-sseesment Year Balance Princloal 4.97% TOtal Pavrnent Y....r . , , PavOff $ 4,338.81 2007 $ 4,338.81 $ 433.88 $ 215.64 $ 649.62 2007 $ 3,904.93 2008 $ 3,904.93 $ 433.88 $ 194.07 $ 627.96 2008 , $. 3,4'71.05 , 2009 $ 3,471.05 $ 433.88 $. 172.51 $ 606.39 2009 $ . 3,Ga7. 17 2010 $ 3,037.17 $ 433.88 $ 150.95 $. 584.83 2010 $' .2,603.29 2011 $ 2,603.29 $ 433.88 $ 129.38 $ 58326 2011 $. ~169:.4 t 2012 $ 2,169.41 $ 433.88 $ 107.82 $ 641.70 2012 '$' 1,73$.52 2013 $ 1 ,735.52 $ 433.88 $. 86.26 $. 520.14 2013 $ t,30M4 2014 $. 1,301.64 $ 433.88 $ 64.69 $ 498.67 20111 '$ lltrt.76 2015 $ 867.76 $ 433.88 $ 43.13 $ 477.01 , 2015 . '$ 433.88 2016 $ 433.88 $. 433.88 $ 21.56 $ 455.44 2016 $ 0.00 2017 $ 0.00 $ - $. 0.00 $ 0.00 2017 $ 0.00 $ 4,338.81 $ 1,186.01 $. 5,524.82 SA-6079B _ $3,923.62 :tREVlSION TO SA-6079 - ADOPTED 04122120071 - 9 YEAR SPREAD AdclltlonalReYl8lon 04/2412007: Credit of $465.19 for 112 of the Principal Amount Paid In 2007, raductng the assessment to $3,923.62. N_ assesllment wtll run for 9 vears, startlna In 2008. See followlnll lable. Original Yearly Pavaff . Assessment Year Balanca Principal 4.97% T olal Pavrnent Year $. 3,923.62 2008 $. 3,923.62 $. 435.96 $. 195.00 $ 630.96 2008 $ 3,487.66 2009 $ 3,487.66 $ 435.96 $. 173.34 $ 609.29 2009 $ 3,05f10 2010 $. 3,051.70 $ 435.96 $ 151.67 $ 587.83 2010 $ 2,61 &.'75 2011 $ 2,615.75 $ 435.96 $ 130.00 $. 565.96 2011 $ . 2,17'9.79 2012 $ 2,179.79 $ 435.96 $ 108.34 $ 64429 2012 $. 1;743.83 2013 $ 1,743.83 $. 435.96 $. 86.67 $ 522.63 2013 $. 1,307.87 2014 $. 1,307.87 $ 435.96 $. 65.00 $ 500.96 2014 $ a71.92 . 2015 $. 871.92 $ 435.96 $ 43.33 $ 479.29 2016 .. $ 435.96 2016 $. 435.96 $ 435.96 $. 21.67 $ 457.62 '2016 $ ,'," 2017 $. - $. - $. - $ . 2017 .... $ - $ 3,923.62 $ 975.02 $ 4,898,604 0Ch) . "',K.......~ ASSESSMENT ROll. NO. IMJnB (REYI8K* Of A88ES8MENT ROLL NO. 507t) ....73 STREET I.I:IAMtAGlt. COST1FF .-r: KDJER LETTlHO NO.1IPROJECT NO. (16..01 ~ " .20 11/r WATBlIlElMCl!: COITIeACH ~ CHJ!CKH) B"I': PVANUGt ~ ~...".".....-~_.......xrr.'f1-I7I\lII22_PrtIjIoa:{5,P,4XIl-)1.4Xlt-~4XJi.44&4J04-~II_ llnO:)T~_ $2.2110.00 r WA~ RRVK:I! C08TIYCH ~OfYEARS: I ......~_~_...-,-.......1rri__IIIlm__-....-_---. _"""_anol-. $170.00 "lWfl"AI'lY~IIEIMCEC08TfEACH RAre ...,.. ""'*__-....,_~.~,~_.~<>ri>_~.a:n::rwlII____,__~~~ llTH!ARING: ,..".... -- """.- -.......,IIgLIlI_~ ~~IO_..._~........__afTH1/3n1__KWIl_~ IM!IIlII!DJlOU.ADCII"Tm: """"" CIIIlII>>IAL AOOPl1ON DA~ ........ ......... rc CfTYNlNO. -.- .......""""""'" ""AI. &TIl&T . I. ......AI. tv=. ........,., """" .... ,"'.... ......... 11/2"'WAnR .._"" r ____ . , """" ,.,. eou>m' "'" NO. ......... OF"""""'''''''''' ADDmON'" ........... """" """" CRaDIT " . , '""""'" ..-.. ..... ....,. .....""... CII!IlIT . , 3ll-117-30-13-02'JO Mo:LOKIdCtu1ty~8oc:lMy (~.,50 (1l)f'~ g- g -~- 3eo~RdtIN -.., 'W -- ~ 3eOSc:hoaIRdPlW -...""" Lc013&1"'9lock2R.-...~FDOJth_ 20100 .00 1004.00 ,,~ $4.3M81 .,,'" 1000 1000 ...-- -" ....,..., W<AI. ........., 201.00 '.00 10400 1)7,00 ...".., 1000 .... .... ...".., -" .,,,,,, (1-Wl'SE8SMENTROlLS'Il.~-MClEOOCOOHTYHl:STORICAlSQCE1"l"C...23.AB8ESSJENT ROllAA-<<J198 Ll CJll.-01.REVlSIONAPP04-24-2001f'Z008lETT1lO NO, 1/CJe..011f>NJE 1 OF 1 _4f1er.2l'107 -"':.<12 PM ~ ~ . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Out-of-State Travel For Kent Exner to Washington D.C. for Transportation Alliance Fly-In DATE: April 24, 2007 As previousty discussed, Kent Exner has been asked to attend the Minnesota Transportation Alliance's Washington D.C. Fly-In from June 6th tInu June 8th to meet with our legislators to discuss the TH 15 Coalition's funding request and other regional transportation needll. Kent did not submitted an out-of-state travel request throughout his first 2 years of City employment (October 2004 to 2006). The estimated cost of registration, hotel and airfare is $1000. These costs are accounted for in the Engineering Department's 2007 Budget We recommend that tbls Out-of-State Travel Request for Kent EIDer be approved. cc: Gary Plotz - City Administrator loCi ') ~ ~~~tf.~E) 36TH ANNUAL WASHINGTON FLY-IN June 6 - June 8, 2007 (Wed-Fri) Phoenix Park Hotel, Washington D.C, (5:10 North Capitol Slrcl:t) I Meeting Package-$SOO.OO I (Payable to Minnesota Transportation AUiance by check, sorry no credit cards) Meeting package includes general conference costs, most meals, receptions, beverages, group transportation to meetings on June 7th. Meeting package does not include airfare or hotel costs. m e, Individuals res nsible for their own airfare and hotel arran ements and costs Hotel- $209.00 Single; $229 Double; $249.00 Triple; $269.00 Quad (Prkes do not Include sales Tax; Cu"ently 14.5") (payable to Phoenix Park Hotel, using your credit card) Hotel Headquarters: Phoenix Park Hotel, Washington, D.C. Book your reservations online at www.ohoenixoarkhotel.com When booking online, enter the Group Code 30502. You may also call hotel toll free 1-800-824-5419 or direct 202-638-6900 and ask for Booking Code 10126 or identify yourself as a member of Minnesota Transportation Alliance. .otel reservations must be received on or before Friday, May 4, 2007. PLEASE FILL OUT ONE FORM PER PERSON ADDRESSlCITY/STATFlZlP Amotmt Due: $500.00 1:1 Check Enclosed 1:1 Bill me. PO# Sorry we ctmIfOJ DJXepI credit cards Please make checks payable to: MN Transportation Alliance 525 Park Street, Suite 105 St. Paul, MN 55103-2186 Phone: (651) 659-0804 Fax: (651) 659-9009 kathy@transportational1iance.com FuLL NAME (How YOU WOULD LIKE IT TO APPEAR ON NAME BADGE) TITLE ORGANIZATION PHONElFAX CELL PHONE E-MAIL Meetings with Members of Minnesota's Congressional Delegation Dyes, Please set up meetings with Uyou. don't know your Coagress penon's Dame I live in Congressional District or here's my home address o No, I don't want Alliance to set-up meetings. CANCELLATION POLICY: Cancellations received after June 1", 2007 will not be refnnded. (Please check one box below) tiled., June 6 Thurs., J Dne 7 Fri., June 8 Tentative Schedule 3:00 PM Hotel Check-in; 4:30 PM; Welcome Reception - Phoenix Park Hotel 8:00 AM Congressional Breakfast - Phoenix Park Hotel; 5:00 PM Reception- Rayburn Building Foyer 8:00 AM - Breakfast with Senators Phoenix Park Hotel; 1 :PM Hotel Check-out 02114107 (oCI) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer Randy DeVries, WaterfWastewater Manager RE: Consideration of Approving Plans & Specifications and Advertising for Bids for 2007 Pavement Rehabilitation Project (Letting No. 5/Project No. 07-05) DATE: April 24, 2007 City staffhas finished the final design of the 2007 Pavement Rehabilitation project. At this point, stalfhas formatted the project based on input from impacted City residents and incOlporating other project impacts and funding implications. The bid opening date for this project is anticipated to occur in mid May. This will allow for the awarding of the project to occur in early June, which should encourage a competitive bidding environment. We recommend approving the attached Resolution and Advertisement for Bids. cc: Gary Plotz, City Administrator we)') . . . RESOLUTION NO. 13171 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO.5 PROJECT NO. 07.05 WHEREAS, the Director of Engineering has prepared plans and specifications for the following described irnprovement Charles Street SW, Roe Avenue SE, Clark Street NE, Kay Street SW, Lea Avenue SW in their entirety and Graharn Street SW from Roberts Road SW to Milwaukee Avenue SW, Milwaukee Avenue SW frorn 150' West of Goebel Street SW to Graharn Street SW, Lewis Avenue SW from Lake Street SW to Larson Street SW, Denver Avenue SW Median work at County Fair Marketplace entrance, School Road SW & Roberts Road SW Intersection, and Alley between 3rd Avenue NW & 4th Avenue NW frorn Glen Street NW to James St NW - roadway rehabilitation and utility infrastructure installations by constnuction of lateral storm sewer and treabnent irnprovements, lateral watermain, surface reclamation, grading, aggregate base, concrete rnedian, concrete curb and gutter, sidewalk, biturninous base, bituminous surfacing, seal coat, crack sealing and patching, trails, landscaping, restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisernent for bids upon the rnaking of such irnprovements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Adrninistrator until 9:00 am on Tuesday, May 22nd, 2007, at which time they will be publicly opened in the Council Charnbers of the Hutchinson City Center by the City Adrninistrator and/or Director of Engineering, will then be tabulated, and will be considered by the Council at 6:00 prn on Tuesday, May 22nd, 2007 in the Council Charnbers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering and accornpanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the arnount of such bid. Adopted by the Hutchinson City Council this 24th day of April 2007. Mayor. Steven W Cook City Adrninistrator. Gary D Plotz LP Cj ') . PUBLICATION NO. 7579 ADVERTISEMENT FOR BIDS LETTING NO.5 PROJECT NO. 07-05 TO WHOM IT MAY CONCERN: Hutchinson, Minnesota Dated: April 24, 2007 The City Council of the City of Hutcihinson, Minnesota, will receive bids at the OffIce of the City Administrator, 111 Hassan St SE, Hutchinson MN, until 9:00 am on Tuesday, May 22nd, 2007, for the making of the following described local irnprovernent: Charles Street SW, Roe Avenue SE, Clark Street NE, Kay Street SW, Lea Avenue SW in their entirety and Graham Street SW frorn Roberts Road SW to Milwaukee Avenue SW, Milwaukee Avenue SW frorn 150' West of Goebel Street SW to Graham Street SW, Lewis Avenue SW frorn Lake Street SW to Larson Street SW, Denver Avenue SW Median work at County Fair Marketplace entrance, Scihool Road SW & Roberts Road SW Intersection, and Alley between 3rd Avenue NW & 4th Avenue NW frorn Glen Street NW to James St NW - roadway rehabilitation and utility infrastructure installations by construction of lateral storm sewer and treatment irnprovements, lateral watermain, surface reclarnation, grading, aggregate base, concrete rnedian, concrete curb and gutter, sidewalk, bituminous base, biturninous surfacing, seal coat, crack sealing and patching, trails, landscaping, restoration and appurtenances, . . all in accordance with the Plans and Specifications on file in the Office of the City Engineer. Irnrnediatelyfollowing expiration of the time for receiving bids, the City Administrator and City Engineer will publicly open bids, in the Council Charnbers of the Hutchinson City Center. The Council, will consider said bids at 6:00 pm on Tuesday, May 22nd, 2007 in the Council Chambers of the Hutchinson City Center. The approxirnate major quantities of work involved are: ITEM UNIT QUANTITY SY 13,246 CY 1,120 Ton 3,468 Eacih 4 LF 41 LF .7221 Reclairn Aggregate Base Class 7 Production (8" Depth) Common Excavation (EV) Type SP, Bituminous Mixtures 6" MJ Hub Hydrant 12" RC Pipe Sewer CL III 4" PVC Perf Drain SDR 35 Including Sock All bids shall be made on the Proposal Forms of the City and shall be accornpanied by a cashier's ciheck, bid bond or certified ciheck, payable to the order of the City of Hutchinson, Minnesota, for not less than five percent (5%) of the arnount bid. All bids shall also be accompanied by the required Insurance Certificates as noted in the specifications, and Certificate of Compliance with the Minnesota Worker's Compensation Law. . Bids shall be directed to the City Engineer, securely sealed and endorsed upon the outside wrapper "LETTING NO. 51PROJECT NO. 07-05". (oCf) . . . PUBLICATION NO. 7579 LETTING NO. 5/PROJECT NO. 07.()5 PAGE 2 Copies of the Plans, Specifications and Proposal Forms are on file and are available frorn the Office of the City Engineer, 111 Hassan Street SE, Hutchinson, MN 55350, and will be furnished on request to any prospective bidder UDon oavment of $53 25 oar set (NON- REFUNDABLE). The successful bidder will be furnished free of charge, additional adequate number of specifications. Gary D. Plotz, City Administrator PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, MAY 1ST, 2007 AND TUESDAY, MAY 8TH, 2007 PUBLISH IN THE CONSTRUCTION BULLETIN ON MONDAY, APRIL 30TH, 2007 AND MONDAY, MAY 7TH, 2007. laC) J . . . RESOLUTION NO. 13185 A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED GRANT APPLICATION ON BEHALF OF CUSTOMER ELATION WHEREAS, The Hutchinson Econornic Developrnent Authority is preparing a grant application to the Business and Cornrnunity Developrnent Division, Srnall Cities Developrnent prograrn of the Minnesota Department of Ernployrnent and Econornic Developrnent on behalf of a cornpany called Custorner Elation; and, WHEREAS, a requirernent of said grant is that the citizens of the cornrnunity be afforded an opportunity to learn about and provide input on the proposed project; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, That a public hearing on the proposed project is hereby called and shall be held on Tuesday, May 8th, 2007 at 6:00 p.rn., at the City Council Charnbers located in the City Center, located at 111 Hassan Street SE, Hutchinson, Minnesota; BE IT FURTHER RESOLVED THAT, Notice of said public hearing shall be published in a newspaper of general circulation in the City of Hutchinson not less than ten (10) days prior to the date set for the public hearing; Adopted by the City Council this 24th day of April 2007. ATTEST: Gary D. Plotz City Adrninistrator Steven W. Cook Mayor loC~) . . . . CITY OF HUTCHINSON MEMO Finance Department April 19, 2007 TO: MAYOR' CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: BUDGET PARAMETERS Council members have discussed the budget parameters to be used for 2008. Attached is the City Administrator summary of the parameters and if the council approves would be the parameters for directors to use as they prepare their respective budgets. H:\DOC\City council memo 1.doc wCm) Ken Merrill Cc: Gary Plotz Thursday, April 05, 2007 2:37 PM Brad Emans; Brenda Ewing; Candice Woods; Dan Hatten; Doll Moon; Doug W. Johnson; JeanWard; John Olson; Ken Merrill; Marc Sebora; Miles Seppelt; Randy Devries; Tom Kloss; Kent Exner Steve Cook (scook@hutchtel.net); billyjoa@hutchtel.net; Casey Stotts (cstotts@hutchtel.net); haugenar@hutchtel.net; sun@hutchtel.net Direction From the Council Budget Parameter Workshop 01 April 3, 2007 <<m: nt: 0: Subject: To Whom It May Concern: General Fund Cash Balance There was a consensus that a 40% target based on the upcoming year's general fund expenditures (20GB) was a reasonable and responsible. For 2008, that target is $4,531,802. The balance of the monies (after funding the 2008 target amount) of the used surplus .....would be estimated at $230,052 This policy will be drafted by Marc and put on an upcoming agenda. EXCESS BOND FUND MONIES To clear outstanding items up, there was a consensus (subject to formal council approval) to use the excess bond fund to pay for the: 1. Fire Truck debt balance of $287,291 2. Dam Replacement Project $700,000 of excess bond monies (no storm water monies) ~ School Road Underpass $270,000 (no GO funding) The above items represent using $1,257,291 of the estimated 2.3-2.4 million 2006 year end balance of the excess bond fund monies. Please note that the 2.3-2.4 million includes the $200,000 Rainy Day/LGA monies, authorized by the council to be placed in the excess bond fund. 2008 BUDGET PARAMETERS There was discussion of a 3% objective towards the end of the meeting. After discussing what was meant by that 3% parameter, I visited with Mayor Cook. Mayor Cook was looking at 2008 General Fund Budget. expenditures. the parameter of $11,118,140 for the total Actually that figures to be 3.26% increase in total Expenditure Assumptions - Key Areas: PERA 6.6% of $3,659,719. Salaries (+2.7% of $6,194,083), Health & $209,340. ..12.9% of l80,065....DCP 12.9% This totals the above $11,118,140 Other Insurance (+6% of $874,505), of $1,863, Other Categories +3% of Revenue Assumptions: In the analysis on how you obtain the above result, there are the following revenue assumptions: -That the General Fund Levy would increase 3% (or $113,600), adjusted for the 140,000 for .DA change -That LGA of $2,371,950 (the 2007 amount) would be utilized as the limiting factor. Please note if there is a windfall on LGA above that limit for 2008.... that would be for a later council discussion. We may not know that until of May of 2008. If the windfall 1 (Jem ') happened, that could have the affect of partially lowering the 2008 levy and/or creating some type of reserve. ....other decision by the Mayor and Council. -Other Assumption: on Community Growth (+$80,000), Liquor Store (+$9,645, Hospital (+5%), ~wer & Water (+5%), Utilities (+5%), Other Revenue (average (+3%) and School Liaison (+ ~) are still in the revenue equation I did visit with the Mayor about the Contingency Fund of General Fund. He would be willing to use approximately $50,000 from excess from 2006 year end surplus (see first paragraph- $230,052) to fund this specific line item. The rest of the council has not weighed in on this concept or for that matter the use of that 2006 excess general fund money of $230.052, There WILL still need to be significant expenditure adjustments to make this all balance in the upcoming months. Hope this is memo is helpful to bring you up to speed on the current targets. Gary . . 2 ~lrn) . . 08 Budget Parameters Expenditures: 07 Budget 08 Budget Percent Increase Salaries $6,031,240 2.7% $6,194,083 (minus PERA & Health & Insurance) (if salary increase equals 3% a4d $18,094) Health & Insurance $ 825,005 (6% increase - partial build for 2009) $ 874,505 +6% PERA coordinated Police/fire D.C.P $ 209,340 $ 180,065 $ 1,863 $ 196,563 $ 159,491 $ 1,650 6.5% 12.9% 12.9% (7) Other (subtracts $140,000 EDA) $3,659,719 $3,553,125 3% Total--__-- $10,767,074 $11,118,140 3.26% 08 Add Ons: FT Park employee (added 4th quarter 07) --------------------------------------- Street department reorg. (supervisor & FT crew member) -------------------- Street maintenance dollar shift from bonding ---------------------------------- Contingency (\1,% of $11,273,140) --------------------------------------------- Fire Truck Payment -------------------------------------------------------------- $35,000 $70,000 $50,000 $56,366 ????? Grand Total-------$10,767,074 $11,329,506 5.22% Difference from 2007 ---------- $ 562,432 5.22% **** Question - Fire Truck Payment? . Revenue: (PlW\) . . Growth of Community -------- 08 Budget Parameters + $80,000 LGA ($2,371,950) __________m No increase (or Y:z of any new money) Liquor Store ($321,500) ---- +3% (inflationary increase) Hospital ($117,000) +5% Sewer & water ($80,000) +5 Utilities ($1,052,100) +5% GF Taxes ($3,926,665) +3% Other revenues ($2,059,412) +3% (Charges for Services, Permits, Licenses) School Liaison ($100,693) +3% & Community Education 80,000 9,645 5,850 4,000 52,605 117,800 64,803 . 3,021 Total Additional Revenues ----------------------------------- $337,724 Difference from expenditures ------------- ... Question Fire Truck Payment ($224,708) Other Possible Revenues: LGA 2007 Surplus Excess Bond Fund? Reduce Spending Proiected 2008 Levy 07 % Increase . With 3% Tax Increase: 08 &2lW)) . . . 08 Budget Parameters General Fund Taxes---------------- $3,926,665 3% $4,044,465 Improvement Bonds ---------------- $1,423,861 ($1,500,000 + 5% Bond Plan? - see below.) 10.6% $1,575,000 00 Bonds --------------------------- $156,800 $ 157,000 0% Total $5,507,326 $5,776,465 4.89% Fullv Funded with Additional Taxes (+ $224,708) General Fund Taxes $3,926,665 8.72% $4,269,173 Improvement Bonds n______________ $1,423,861 ($1,500,000 + 5% Bond Plan? - see below.) 10.6% $1,575,000 GO Bonds -------------------------- $156,800 I Total. $5,507,326 0% $ 157,000 8.97% $6,001,173 Possible Aids: Reduce Spending New LGA 2007 Sl)Jplus Excess Bonds? Less Consulting ($387,055) · Improvement Bond Payment ---- $1,423,861 + 5% = $1,495,054 ($79,946) 2006 LOA set aside (reserve for rainy day or innovation seed money) Other Parameters: Programs to keep in budget: ~ Water Carnival funding ~ Music in the Parks ~ Arts & Crafts Festival ~ Mosquito control Other: ~ Maximum 3% general fund tax increase. uC~Yl) . )> )> )> . )> )> )> )> )> )> )> )> )> )> )> )> )> . . 08 Budget Parameters Maximum 5% total levy increase. New LGA - only spend up to Y:z in 08. (may be less depending on amount of new LGA) Don't plan on using 2006 LGA set aside for budget balancing Look for new & better ways of doing things. Look for possible new partnerships. Possible seed money to "purchase" ongoing innovation savings - document & justify request. 5 year general fund budgeting must track along with 08 budget process Directors start working on program budgeting for BFO process CIP budget in June Meet BFO Timelines Include description of capital purchases for each program/department Continue with one page budget and executive summary documents All departments include outcome or results measurements (results teams and possibly others) and goals for executive summary document - uniform format. In main budget book include a column for line item explanations and/or use footnotes at the bottom of the page if longer explanations are needed. Tax rate under 50% in three years. Enterprise funds start looking at program budgeting. BFO for 2009 budget. (oem) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer Randy DeVries, WaterlW astewater Manager RE: Consideration of Sump Pump Inspection Program Options DATE: April 24, 2007 Based on the City's ongoing efforts to address stormwater inftltration into our wastewater collection and treatment system, City staffbelieves that the Sump Pump Inspection Program is a critical component of minimizing the costs of treating "clean" water at the Wastewater Treatment Plant. The proposed program will inspect properties that were identified to have (or potentially have) illicit sump pump discharge connections dwing the 200 I inspection program and will also inspect buildings built from 200 I through 2005. The goal is to have approximately 800 properties inspected this spring and early summer. Per Council's direction, City staff has reviewed options regarding the administration of a Sump Pump Inspection Program on approximately 800 homes and businesses. City staff will discuss the following options at the Council meeting: 1. Bolton & Menk Fnll Proposal - Proceed with Bolten & Menk' s submitted low proposal for administering the entire program with limited City staff support at $31,000. 2. Bolton & Menk Revised Proposal - Proceed with Bolten & Menk's negotiated revised proposal for administering the scheduling coordination, initial inspection and completion of inspection documentation with significant City staff support at $21,000. City staff would develop program procedures/documents, administer the public information process and compile/present the program results. 3. Private Contractor with City Staff Support - Proceed with a private contractor consisting of one individual with p1wnbing experiencenicensure for administering the scheduling coordination, initial inspection and completion of inspection documentation with significant City staff support at an estimated cost of $16,000 (estimate basis of 800 inspections@$20perinspection). City staff would develop program procedures/documents, administer the public information process, complete follow-up inspections/correspondence, and compile/present the program results. Due to the anticipated 800 hours needed of a private contractor, City staffbas concerns regarding the ability to complete this program in a timely manner during the peak sump pump use timeframe. 4. City Staff - Proceed with administering the program with City staff. This option does not appear to be feasible due to current staff workloads. Also, completion of this program would be indefinite and with the majority of the inspections not occurring during the peak sump pump use timeframe. This program bas been accounted for within the 2007 Wastewater Fund Budget. We request input regarding the administration of the Sump Pomp Inspection Program. cc: Gary Plotz, City Administrator I Deb) . . . TO: Mayor & City Councll FROM: Kent Exner, City Engineer RE: Consideration ofTH 15 Coalition Annual Dues and Development Fund Contribution DATE: April 24, 2007 City staff has spent significant time participating in the administration and activities of the TH IS Coalition. At t)ris time, the Coalition is requesting 2007 annual dnes in the amount of$2oo. Also, the Coalition is asking for a one-time contriblltion to the "Development Fund". These ftmds will be Ilti1ized to administer the Coalition's efforts sllch as mailings, informational meetings, member activities, legislative connnunications, etc. until appropriate legislative ftmding can be seCllred. City staffproposes that the City contribllte a "Platinmn" donation in the amount of$5,000. We reconunend payment of the reqllested dlles in the amollnt of $200 and the "Platinllm" Development Fllnd contriblltion in the amount of $5,000. ee: Gary plo<z - City Administrator \ CD-) . II TRUNK HIGHWAY COALITION r-'-~",,-~ ~10sJ- I ' \ "-.1 Dear Member: The Membership Committee of the Trunk Highway 15 CoaI~1on wishes to extend our thanks lor your interest and past support of the CoaI~Ion. Also, We apologize for the cancellation 01 the March 1" meeting. We felt the deteriorating weather conditions would make the commute to Hutchinson far too dangerous, thus, the meeting was canceled. Once again, we are generously asking lor your support in 2007. Your membership and annual dues contribution will help cover administrativa costs, assist in the development 01 a wabslte, show legislators that there is strong local support lor the Improvement of Highway 15, and provide needed resources to continue wor1dng lor Improvements along the Highway. A current dues schedule is provided at the bottom 01 the page. We have made progress in several areas over the past year- Bonestroo, Rosene, Anderlik, & AssocIates was hired to prepare an action plan for the Coal~lon_ The full Coalition approved the ActIon Plan at the 2006 February meeting. Based on the recommendation of the ActIon Plan, the steering committee Is working on making the Coalition a formal organization under 501(c)(6) status, and three new sul>-<:ommittees ware formed: Technical, Legislative, and CommunicationslPrOject Financing/Membership. The coalition is currently working on obtaining $1,000,000 In lederal funding to fund a full corridor study and to start preserving key pieces of the right-ol-way One recommendation from the TH 15 Coalition ActIon Plen prepared earlier this year was re-examining the organization's dues structure. Recognizing that Is essential lor the organization to be diverse and represent ali the Interests and groups along the corridor, the Coalition identified the need to establish an annual dues structure that would attract a variety 01 member groups. After much IDgh 15 C alIti DoesStru ture research, ~ has been decided that a Development Fund is way 0 on c needed to provide a revenue stream lor the Coalition. _>rills will Insure that the Coalition will improve upon Its many ssets to become a more effective and better represented organization in the future. The TH 15 Coalition would benefit Immensely from any Platinum, Gold, orSUver one time donations. With your support, we wili continue to develop a successful Trunk Highway 15 Coalition. Again, thank you lor your involvement with the Coalition. Finally, we Invite you to attend the TH 15 Coalition Full Membership Maatlng on Friday, April 27'" from 10em to 12pm, at the Hutchison Event Center. Various topics will be discussed regarding the Coalition and recant activities. Annual Dues County City Township Business Organization Association $200 $200 $50 $50 $50 $50 Hwy 15 Coalition Devel01ltllel1t Fund Platinum $5,000 Gold $2,500 Silver $1,000 Sincerely, Trunk Highway 15 Coalition Highway 15 Coalition - Membership Form 2007 ::~~~.~~~.~~~~.~.~BeIow_ ergani7JllionC-h- d~~"- y , . Quasi Public Organization! R Business Association...... $50 MainContacl ~.-~ ~...-- County................................... $200 Titled~ --5" OJ - City.........................................S200 X Address~~ ~ . .Ownships...............................$5O ~ ~_._ _;r'~ TB 15 Coalldoa Development FlUId Phone 32.0. Z~~ ~..2/~ Platinum..................................$5000 v Email ~__~-~.L/ .-It: ...(<'.......-.. _ ~ ~ r ~ ~ Gold... ..................... ......... ......$2S00 Silver........................ ......... ....$1000 PIeue nmlt to Tnmk HIghway 15 CoalIIIoo 111 H....n Street SE, HntdllDtOD, MN 55350 \DCC) /adJ) " '( ,~-" \ - '-. '. \:- ( I l I i - I-r- : 1 I 1 I -} I 1 I, !~"-i-I ~// I.~ -1--.1 i~I1 : I I T,----r-TI r I / -~I_ _ )~~~J?~// "I ,.---,-1 /;:! I :!=i ---~L.:_i:~"-._-J_-.-_--_~-_----~~~~~.~:.~~T ------ --l 2: \ 7" " /-1 "-: - :~i;::~~ ,/ _ \-.1 Ii -. I. ~I I~ -=f[ \. --1--f I h~--F= ..--1 I \, I I r::-.J~ : ~ I" -t- H-+-+- I -1 i ,TD. -tl~ . tt~! -\-\L 1- I j-J'~I' \\ I ~ \-\-\ ~....-- \ \\ r \ \ ~ / _\~\ ~ JT. \ - r \< \ r'~t~\ ~--r"~ \ -- \. \ -, -----t- ~ - ~ f- -=-=- \ CI) ~ i " x /- J I I 2007 COf\JSTRIICTION AND DETOUR - ,AIRPORT ROAD ::I: ~ :J o (f) ~ >- ~ ::I: Q ---~ l ! ~ _ L (' ( ). \ \, ( \ JO(~ COlJ I\' .$'~ ~o.... ~ 'W'1f, -=1 I, - - / I }I / J /11_ I I l \ rr I I / \\ f ) I I t I i //(1 'I '/ 1 : _ .OUTHi~?E RD .w....:....,,; I I "I _ \ .- -~\ \ J \ I [I \~ , I, ~ \\~\)-. (j" 1[1 ~ " --' ~ , [I g '. 'l ~'" ~ \, 1 { [I ~ ''-.'-. I J .:....-- '-'.,..------'---.--C...____________~ ....... ../~ \ I MNDOT HWY 7 E N w~ s - Phase 1 - Trunk Highway 7 Detour - Phase 213 - Trunk Highway 7 Detour ~ Phase 2/3 - Trunk Highway 7 Truck Detour -T'~ 9/ 9/1 0/15 HWY 7 PROJECT- 2007 TH_#7 -Construction..2007 ( 4/15 ( 6/4 (6/4 Phase 1 Construction Phase 2 Construction _ Phase 3 Construction TH_#7 -Detour-2007 ~ ...., Hutchinson Area Health Care Hutchinsol/ COll/mul/ity Ho,'pital Bums Memo,- Nursing Home. Dassel Medical Center J095 High....,,)' /5 South Hutchinson. MN 55350 (320) 234-5000 April 19, 2007 The Honorable Mayor Steve Cook and Hutchinson City Council Members RE: Orthopaedics and Rehab Services new space plans Dear Mayor Cook and City Council Members: The Hutchinson Area Health Care (HAHC) Board of Directors, as part of a closed session during their April meeting, approved the plans for a capital e>q>enditure request regarding the new space plans for the Orthopedics and Rehab Services area. The following is representative of the board's discussion at that meeting: HAHC management summarized a recommendation that the Board of Trustees approve the invesonent of$2,773,978 for construction of a new Orthopaedic I Rehabilitation Center at the Plaza location and $115.000 for the necessary upgrades to the Plaza HV AC and plumbing systems. Conclusions that supported the approval are as follows: . a) Demographics and growth cannot be supported in the current space and with current provider. b) Hutchinson Area Health Care (HAHC) will need to increase its space and revamp its services to meet the Orthopaedic and Rehabilitation needs of its community and to be able to compele in the market. c) PatientS/Clients will be able to receive a broader and seamless spectrum of care with Orthopaedic and Rehabilitation Services housed in the same location. Following discussion; Motion was made by Mr. Fortun, seconded by Ms. Ristau to forward a recommendation to the Hutchinson City Council for approval regarding the investment of $2,773,978 for construction of a new Orthopaedic I Rehabilitation Center at the Plaza location and $115,000 for the necessary upgrades to the Plaza HV AC and plumbing systems. Motion was carried. Thank you in advance for approval of this capital expenditure request. Sincerely, '. HrJHlNSON AREA HEALTH ~ARE i- CvYn>l i~ Lc~ Pam Larson, CFO () On behalf of Mary Ellen Wells, President P1L:sh . \\[aj f . . . Professional Services Proposal For Highway 7 Corridor Study and Area Plan A LANDFORM _ltf...... 01.'.' l"'H 0.'" X Planning and Urban DeSign Landform Team: Studio Managers: Carolyn Krall, AlA Principal Urban Designer Kendra Undahl, AICP Principal Planner Project Manager: Jennifer Zierke Designers: Ellen Stewart Teresa Forsberg Sub-Consultants: Maxfield Research Inc. Mary Bujold, President 800c BlJT1..ER SQUARE 100 NORTH SIXTH STREET MINNEAPOLIS. MN 55403 OFFICE: 612.252.9070 FAX: 612.252.90n www.landform.net flltQ-) t l Ms. Bowers Mth CI1y of Hutchinson Page 2 Re: P7045REV-Highway 7 Comdor Study In Hulchlnson. MN ApriI1S, 2007 (Revised Apo1123, 20(7) . TIlls fee Proposal Is valid frH 30 days from the creaUon date no_ In the 1Jeadfw. LandIonn may rallUlue a revised Propos" upon req_ lithe 1__ time period has -,.-. A LANDFORM Table of Contents ItlIUtI".P.'\I'"'.lIl;ltJJl A. SCOPE OF SERViCES............................................................................................3 B. COMPENSATION ....................................................................................................8 C. ASSUMPTIONS ....................................................................................................... 9 D. EXCEPTIONS .......... ....................... ..... .......... ......... ............ ...... ......... ...... ......... ....... 9 E. FORM OF CONTRACT ..........................................................................................11 TERMS AND CONDITIONS..................,.......................................................,...............12 FEE SCHEDULE...........................................................................................................13 . i Ownersh/pBnd Use of Documents: Consultant's drawings, specifications, and other documents, including this Proposal, are instruments of Consultant's services for use solely with respect to this Project. Consultant shall be deemed the author of these documents and shall retain all common law, statutory and/or reserved rights, including copyright. The City shall be permitted to retain reproducible copies of the documents and materials produced by the Consultants for this project and shall be granted full rights to use for all deliverables to be provided by the Consultant. Any use or reuse of this material other than its intended use will be considered infringement of Consultant's reserved rights. The City shall retain ownership Of all data, mapping and CAD files provided to the Consultant lor their use in connection with this project. . SOOC BUTLER SQUARE 100 NORTH SIXTH STREET MlNNEAPOUS, MN 55400 OFFICE: 612.252.9070 FAX: 612.252.9077 www.landform.net f . . . Ms. Bowers with CUyof Hutchinson Page 3 Re: P7045REV-Highwey 7 Corridor Study in Hutchinson. MN AprIl 1 B. 2007 (Revised Aprn 23. 2007) A. SCOPE OF SERVICES The level of our involvement will include the following Scope of Services ("Basic Services"). Naturally, the scale and scope of our efforts depends upon a Client's needs, a clear understanding of our responsibilities and upon the deliverables required. If we have misinterpreted your needs, please let us know and we will make the necessary adjustments to this Proposal. 1. Establish Community Vision r051: Landform will: a} Gather and review past plans and studies including the Hutchinson Community Plan, the Master Plan Vision for Downtown, and the Hutchinson Area AUAR, as well as the existing Zoning Ordinance. b} Using maps, aerials, GIS and CAD information provided by the City, set up background maps for the study area. c} Attend and facilitate a kick-off meeting with City Staff to confirm the workplan, schedule Advisory Panel (AP) meetings, set a date and plan for public notice for the first Community Open House. d} Conduct a physical-visual inventory of the study area (walking, photos and mapping), identifying existing land uses, issues and opportunities. e) Lead a kick-off -visioning meeting with the Advisory Panel (AP), including presentation of the physical-visual survey and initial findings. f) Prepare materials presenting our analysis: physical, visual, land use, SWOT, perceived issues and needs, etc. g} Prepare presentation materials for a Community Open House, including sign-in, comment or survey sheets or other public Input tools as appropriate. h} Conduct a Community Open House for the purpose of gathering public input. This will include presentation of the initial mapping and SWOT analysis with an opportunity to provide input on priorities, visual survey, and interviews about visions of the future of the study corridor. BOOC BUTLER SQUARE 100 NORTH SIXTH STREET MINNEAPOLIS. MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 www.landform.nel . Ms. Bowers with City 01 Hutchinson Page 4 Rs: P7045REV-Hlghway 7 Corridor Study In Hutchinson, MN 1\p!1118, 2007 (Revised I\p!1I 23. 2007) . i) Define Goals and Objectives for the Corridor Study, identifying needs and priorities, based on the community input. j) Prepare a Vision Statement with Goals and Guiding Planning Concepts. k) Document the Visioning Process. I) Meet with City staff (two teleconference meetings in addition to meetings identified above) to review the work progress and deliverables for this phase. City staff will update the CDC, Planning Commission and City Council. 2. Market Analvsis fOOl: Landfonn will contract with Maxfield Research to provide the Market Analysis services as required for this project, and be responsible for coordination of their work within the overall study. Maxfield Research will: a) Provide research and consulting services to assess the market potential for developmenVredevelopment along the Highway 7 Corridor Study Area. The primary objective is to provide the City with a market-based analysis to support future land uses changes and redevelopment opportunities along the corridor. . b) This analysis will include the following: i. demand estimates for various real estate types; ii. typesof businesses that would be attracted to and supported within the development (suggest appropriate building types, lease rates, and space requirements); iii. projected development timelrame; iv. recommendations for synergies among various types 01 development within the Study Area. c) Participate in the kick-off meeting with staff, the study area inventory, the AP Visioning meeting and the Community Open House to gather infonnation about constraints, unmet needs, market history, etc. d) Review past studies, demographic and community information available from the City lor the study area and the immediate region. The work approach will combine detailed market, economic and land use analysis with substantial information and input from lield work, market interviews and other planning and statistical work. . 0000 BUTLER SQUARE 100 NORTH SIXTH STREET MINNEAPOLIS. MN 55403 OFFICE: 812.252.9070 FAX: 612.252.9077 www.lendform.not . . . Ms. Bowers with City of Hutchinson Page 6 Re: P7045REV-Highwey 7 Corridor Study in HutDhinson, MN Apri 18,2007 (Revised April 23. 2007) g) Using the Hutchinson Transportation Plan and the 2002 Comprehensive Plan, and considering MnDOT's State Highway Access Policy, identify where the Land Use Plan may impact forecasted traffic and access. h) Develop 2-3 concepts for redevelopment of the intersection of Highways 7 and 15, based on the Vision Goals and market input. I) Develop recommendations for corridor reinvestment to meet Vision Goals, suggesting property improvements to improve the quality, character and compatibility of existing and new development. j) Develop recommendations for zoning changes to implement the Vision goals. Provide recommendations for design standards or guidelines to assure a baseline quality for future development. (production of full Design Guidelines is not intended but can be provided as an additional service if requested) k) Develop recommendations lor traffic II ow and circulation (auto, truck, bus, bicycle, pedestrian) traffic to improve connectivity, pedestrian/bicycle safety, and meet Vision Goals. I) Lead an AP meeting to review the Central Intersection Redevelopment Concepts, the utility and transportation impacts, and the reinvestment and Zoning and Design Standards Recommendations and obtain feedback. m) Meet with City staff (teleconference meeting, in addition to the meetings identified above) to review the work progress and deliverables lor the Plan Presentation Phase. City staff will update the CDC, Planning Commission and City Council. 4. Plan Presentation r081: Landfonm will: a) Develop a written and graphical document to communicate: i. The Plan (Executive Summary); ii. Vision Statement and Goals; iii. Market Analysis; iv, Land Use Plan, including recommendations for standards and zoning changes, identified infrastructure and transportation plan impacts and improvements; v. Hwy 7-15 Intersection Redevelopment Concepts. 800C BUTLER SQUARE 100 NORTH SIXTH STREET MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612~252.9077 www.landform.net Ms. Bowers wI1h City of Hutchinson Page 5 Re: P7045REV-Hlghway 7 Con1dor Study In Hutchinson. MN April 18, 2007 (Revised Apnl 23. 2007) . e) Draft a technical memo presenting the market study area, study methodology, and identifying potential market influences on land uses, including the potential for new development or redevelopment. f) Present their work at a meeting with the Advisory Panel (AP), and answer questions about the study. They will make necessary revisions or corrections to the Draft and issue a Final Market Analysis Technical Memo. g) Attend the final Community Open House and CDC/Planning Commission and City Council meetings (2 meetings) to address any questions about the Market Analysis. 3. Land USe Develooment Strategv f071: Landform will: a) Based on the inventory and Visioning tasks, identify potential locations and opportunities for infill, new development or redevelopment. . b) Suggest potential uses and building types for these sites and review wijh Maxfleid for feasibility based on preliminary findings of the market analysis. c) Meet with City staff (teleconference meeting) to review the initial identification of these sites, potential uses and draft of market analysis. d) Recommend a land use plan, based on the opportunity sites and uses review and the results 01 the market study, which will meet the Vision Goals. e) Lead an AP meeting to review the Market Study draft (see scope above), suggested uses, opportunity sites, and the draft Land Use Plan and obtain feedback. f) Based on infrastructure information provided by City staff, identify potential for proposed Land Use Plan to impact utilities (upgrades, replacement or capacity enhancements, current or future). . 800c BUTLER SQUARE 100 NORTH SIXTH STREET MINNEAPOLIS. MN 55403 OFFICE: 612.252.9070 FAX: 612.252.90n www.landform.net . . . Ms. Bowers wfth City of Hutchinson Page 7 Re: P7045REV-Highway 7 Corridor Study in Hutchinson. MN April 18. 2007 (ROIIised ApI1IZl. 20(7) b) Prepare the graphics needed to communicate the Plan, and fonnat for presentation boards, for inclusion in the Study Report and for web-site posting. c) Provide a draft Report to City staff for preliminary review and comment prior to any publication of report or graphics. d) Prepare presentation materials for a Community Open House, including sign-in, comment or survey sheets or other input tools. e) Conduct a Community Open House for the purpose of providing public information, building consensus and providing an opportunity for public input. This will include a summary of the planning process and presentation of the Vision and Plan for the Study Corridor. f) Make one complete set of revisions, incorporating input from the Advisory Panel and the public Open House, as appropriate and as directed by City Staff. g) Provide the final report and graphics deliverables including: i. Ten (10) bound, color copies ii. One (1) unbound copy III. Two (2) electronic versions on CD ROM h) Meet with City staff (teleconference meeting, in addition to those meetings identified above) to review deliverables and make revisions if needed prior to final presentations to public officials. i) Provide staff with Planning Commission and City Council meeting package materials. j) Attend Planning Commission and City Council meetings (two meetings total) and make a presentation including summary of the planning process and presentation of the Vision and Plan for the Study Corridor. 800C BUTLER SQUARE 100 NORTH SIXTH STREET MINNEAPOLIS. MN 55403 OFFICE: 812.252.9070 FAX: 612.252_9077 www.lar-.:Ifonn.net Ms. 8ower5 _ City of Hulol1lnson Paga B Re: P7045REV-Highway 7 Corridor Study lJ1 HlOOhInson, MN Apr1l19,2OO7 (ReWled Apr1l23, 2007) - B. COMPENSATION 1) The Basic Services described under the Scope 01 Services shall be completed on an hourly compensation basis to an identiflad maximum fee as detailed below: PI1Qse Task Bill Type Associated Fee Establish Community Vision [OSJ Commun Prooese Maximum Fee Marlret Arut1ys1s [06J Anal b MaxfJeld Researoh In<:. SlJb.Consultant Maximum Fee Land Uw CJ/WeIopmeItt Strategy {07J Iden . rtuoities arid Make Recommendatlons Maxiinum Fee Plan PTesimtstlon (OSJ PUblic Process Meetl Maximum Fee Total nclUdln hou HtlmatH~ '~stim8ted fees 8~ not guarsntesd prices $14,710.00 $14,000.00 $15.095.00 $16700.00 $60 505.00 2) Hourly phases will be billed on a rate schedule representing approximately 3.0 Direct Labor Multiplier (DLM) unless otMrwise agreed in writing. Rates are set In the attached Fee Schedule. 3) Additional Services, as defined in this agreement, Will be billed on a rate schedule representing approximately 3.0 Direct Labor Multiplier (OLM), unless otherwise agreed in writing. Standard rate table is available upon request. . 4) Internal reimbursable expenses are priced as follows: Mileage 0.485 per mile Plotting on Bond 0,25 per square fool Plotting on Vellum 1.10 per square foot Plotting on Mylar 2.75 per square foot Plotting in Color 7.00 per square foot Color Printing 2.00 for 8.5 x 11 3.00 for 11 x 17 1.50 per scan Based on coverage, billed at cost Scanning Additional Insurance Coverage 5) External reimbursable expenses shall be billed at cost plus 15%. u) Sub.consultant's lees shall be billed as invoiced and submitted, with no addJtlonal mark-up, to the maximum fee indicated above. Landform shall be responsible for prompt payment of the Sub-Consultant upon receipt of payment from the City. 7) Invoices will be sent once a month based on the hours worked through the date of blUing. . BOOC BUTLER SQUARE 100 NORTH SIXTH STREET MINNEAPOUS, MN 55400 OFFICE: 612.252.9070 FAX: 612.252.9077 www.landform.net . . . Ms. _ with CIty of HutcI1lnson Page 9 Ra: P7045REV-Hlghway 7 Corridor StlJdy In Hutchinson, MN AprIl 18, 2007 (Revised April 23, 2007) 8) Payment is due upon receipt of invoice. Unless prior arrangements are made, a 1.5-% per month (18% per annum) carrying fee or the maximum permitted by law, whichever is less, will be assessed against all invoices unpaid for over 30 days. Carrying fees may be compounded. C. ASSUMPTIONS We have based the Proposal on the following assumptions and our understanding of your needs. If we have made any incorrect assumptions, please let us know so that we can modify our Proposal, Any assumptions that prove incorrect may result in Additional Service fees. 1. Surveyor mapping needed to create a study area background will be provided to Landform in AutoCAD 2000 or higher format. 2. Preparation of more than the identified number Concept Plans will result in Additional Services. D. EXCEPTIONS We have based this Proposal on the following exceptions. Any exceptions added to this scope will be presented as a request for Additional Services. If we have made any incorrect assumptions, please let us know so that we can modify our Proposal. 1. Changes in the plan as a result of our failure to coordinate, or an error on our part, will be corrected as Landform's responsibility by revising the affected documents at no cost to the Client. However, changes in the plan as a result of revisions made by the City, beyond the revisions included in the scope 01 work, will result in Additional Services. 2. Preliminary and Final platting are not included in this Proposal. Any Services including research with the City and County that are required of Landform to complete the project will result in Additional Services. 3. This Proposal does not include any surveying. Any Services required of Landform to obtain background information will result in Additional Services. 4. This Proposal does not include cost estimates. Any Services required of Landform to provide cost estimates will result in Additional Services. 5. Additional meetings over and above the meetings quantified in this Proposal will be an Additional Service and billed at the attached hourly rates, BOOC BLfTLER SQUARE 100 NORTH SIXTH STREET MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 www.iandfonTl_net Ms. Bowers with City of Hutchinson Page 10 Re: P7045REV-Hlghway 7 Corrillor Study In Hutchinson, MN April 1 a, 2007 (Revised Apol 23, 20(7) 6. This Proposal does not include application fees to govemmental agencies. Landform will infonn the Client of any necessary fees prior to submittals. 7. This Proposal does not include the coordination or preparation of a Traffic Study and/or Signalization Plans. Any services required by Landform to provide a Traffic Study and/or Signalization Plans will result in Additional Services. 8. This Proposal does not include extensive coordination with the County or State lor traffic-related issues (Le. proposed access onto County or State highways) and if Landfonn is required to obtain additional infonnation this may result in Additional Services. 9. Nothing in this Proposal or otherwise shall be considered a guarantee that Client will obtain necessary approvals, pennits or variances from any govemmental unit. All such risks are Client's. Payment to Consultant for services rendered and expenses incurred is not contingent upon Client's receipt of such approvals, permits or variances. aooc BlfTLER SQUARE 100 NORTH SIXTH STREET MINNEAPOliS. MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 www.landform.nel . . . - . . M>. Bowars with CIty of Hutchinson Page 11 Ae: P7045REV-Highway 7 ~ Study In Hutchinson. MN AprtI16,2007 (Aevlsod AprIl 23, 2007) E. FORM OF CONTRACT This Proposal has been presented in duplicate in order that, if it is acceptable to you, one copy may be retained for your records and one copy may be signed and returned to us as written authorization to proceed. You may also incorporate this Proposal into your standard contract fonn but, even if we subsequently sign your contract fonn, in the event of any conflict or inconsistency between this Proposal and Client's standard contract form, this Proposal shall govern. We reserve the right to a) collect as an external reimbursable expense the cost of legal counsel should you elect to use a lengthy contract of your own design, and b) revise our fee Proposal if your contract form assigns additional responsibility or risk to Landfonn Engineering Company. If you instruct us to begin, or allow us to continue performing, Services prior to returning a signed contract it will be understood that all terms of this Proposal, and the attached general terms and conditions, are acceptable and all parties will be bound by the tenns of this Proposal. The attached Tenns and Conditions are Incorporated by reference and are an integral component of this contract. Landform Engineering Company agrees to perform the SelVices described in this Proposal- under the terms outlined. The following party accepts the scope, terms and conditions oumned In this Proposal and Instructs Landform to proceed with the SelVices as outlined. City of Hutchinson Signed Title Date eooc BUTLER SQUARE 100 NORTH SIXTH STREET MINNEAPOLIS. MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 www.landform.net Ms. Bowers with City of Hutchinson Page 12 R.: P7045REV-Highway 7 eor_r Study 10 Hutchinson, MN April 18, 2007 (Revised Aprll23, 2007) TERMS AND CONDITIONS 1.0 CONSULTAHrS SERVICES. Consultant shall perf 01111 the 5OMe.. ~enlffied in th~ Proposal am no o1hen; ......s ot_e agreed am unlees ConllLllant ~ paid e_nol compenselloo In accordeoc. with th~ Proposal. 1.1 STANDARD OF CARE. Consullant's 5ONleos shell be pet10rmed based on the slandard 01 rea50nab~ proIesslonel care forservtces sImiIer in scope, schedule, am compI9JIily 10 the servk:es b~'9 provided by the Consuhant. ALL WARRAmlES, EXPRESS OR IMPUED, UNDER THIS PROPOSAL OR OTHERWISE, IN CONNECTION WITH THE CONSULTANrS SERVICES ARE EXPRESSLY DISClAIMED. 1.2 SCHEDULE. Tine Imlts _ by the schedJ~ ideo1ifled In the Proposal shell not, except for reesonab~ cause, be exceeded by Consultent or C1ent. Consli1enfs COIrIJ9I1S91ion shell be equllably adjusted in the event 01 delays caused by Client, Client'. other consu-. or C1ient'sagem. Fees quot.rfln the Proposel shell be e,*",ed II servk:es "" not commence within 90 dey9 after the data of the PropoaaI. 2.0 AOOmONAL SERVICES. il1 adcIlIon to any othar Aditional SaNicas ~sted in the Proposal, the foIb.W1g sarvtces ere not il:Iudad In BasIc Serilcas and Client shall COfI"lllIr"$llle Consultent Ior.uch servk:es, In adcItIon 10 compensallon for BasIc SelVlcas: (I) Makilg re.;!ione In Drawings end Speclflca1ioos or other documerts when such ravisIons ere (a) in<ooslstent with approval. or InstrucIIona pravIousIy given, (b) the reouIt of adjusttnenl. In Cianl'a raqLirements, (c) ~red by anactmant, itarpral8.llon or _ of codes, I.... 01 ragu~1ione subsequant 10 praparatlon 01 such documents, (d) <aqLired by tha failure of C1enl or C1ianl'a co_ to randa' decisions 0' to provide nacessery idonnaIIon in a timaIy _, (a) Impoaed by rnunicjJal or otha, au_ .. a condition fo, approval of a proJacI, unIees the DrawIngs, Spedfica1Iona 01 other documents clearly were not In compIlan:a wtth 8J'llIk:a~.law when Slbnltted for approval, or m dull to or causea not soIoIy within control of ConsuItarC (2) ProWIng any .ervices axcluded from the Scq>o 01 SeIvIces idenllfied il1 the Proposal: (3) Providing any othe, saIYlcas not o1hen\lse expressly Included In this Proposal. 3.0 TERMINATION. Ttis Proposal may balem1lnolad by athe, pany ~ noli... than seven dey9 wrftIen no1k:a shoutllla othe, pany fall 10 perIol111 in accon:lanca lIilh lis farma ttmqJ no laull 01 the pany iltIa~ lennlnation. 7.0 MISCELLANEOUS PROVISIONS. ((1) Tlis Prq>osat Illpresar<a Iha anllra and irrtagrated ogreemert baIween Client lIld Consultanl am ...".- aI prlor nagodatlons, rop<esan1allon. or og_ alther wrftIan 0' oral (2) Th~ Proposal may be amanded by wrftIan instrument signed by both CIiant and Consuitanl or, In tha case 01 Ad<itionaJ S8l'Iica5, by a wrftIan conlIl111a11on lrom Consultant to which CIant doea 001 object wtthln Ian (10) working days. 8.0. PAYMENTS TO CONSULTANT. Paymaris ara dull ~ praaenlaIIon 01 Consultant's Invacas. n Paymants are not made wflhln tI1r1y (30) days after data of Involca, a SERVICE CHARGE Of ONE AND ONE./IALF (1.5) PERCENT PER MONTH (111% PEA ANNUM) or the maximum rata pal111lted by law, wt;chevar ~ graat..., will be eherged on any unpaid belaoca. Sarlica chargas may be compounded. 9.0 BASIS Of COMPENSATION. Client shal companseta Consuftam .. saI forth in lha Proposal AN ESTIMATED FEE IS NOT A FlAM FIGURE. n the Scopa 01 or scherUe 10' Consullant'a SelVIces IS changad materially, the compansatloo shall be 0QLitabIy edjustad. Rat.. aoo multlpl.. for AddI_ Sarvic.. and other saMe.. assai forth in the ProposaJ shal be adjusted anroalIy In a<:<:oroanca with nonnal salary rayjaw practices 01 Consuilant For AddIIIonaI Seovk:as 01 ConsUIant, companselioo shall ba an hourly rela as d_ In the Proposal, plus ReIrrIx.raabIa Charges; or, n agraad by Clam am Consullanl in wrill'9, a lump sum amllLl1f. Fo, adciI~naI services 01 ConsuItant'. consultants, COIT"jlerIS8lIo wi! be 1.15 times tha lIJllOU1I billed to ConstAIant for such sarvfcaa, plus Relrnbunlabla Chargas. For Relmbursabl. Charges, tha ConsuIIari Bhall be C(..r~)"'''''ted for 001-01- pocket expernllures IooJrred In comactlon lIilh the services idantllIed In Ihls Propoea~ based on t .15 lim.. acIuaI e_lnooOO In additloo to other expans.., Consullanl will be '_rsed for any applicable saI.., usa, or elmiar fax.. related 10 .arvtces or product. provided under Ihls Proposal, which may be Imposad by IJlfI govarM1Bl1tal an1IIy. 10.0 DELAYED PAYMENT; PAYMENT DISPUTES. 10.1 CONDITIONS PRECEDENT TO WITHIIOLDING PAYMENT. Tha C11.nt may no! wilhllfllj any paym.nt, to the Consultent urless the besls 01 (1",ludlng all partlaAa"l am alTllllrt In dllpute ereldan1lfled aoo presanted In writing to tha Consuftanl noIlater than th. twanfy.1if1h (25th) calenda, dey after preaantatlon 01 the rlsputed Involca. 0bjecIi0ns 10 II1'IOic" not mada MIlin Iha oma parlod are _ waivad. Unless CI1enI proceeds In accordanca wtth this Section 10.1, CIeri. Iatlure to pay any invoica (either on the project wh~h Is the subject of this proposal 0' in coonocfion with any othe, prqecl lor which ConsLllant i, providing salVie", fo Clent) lIillJn IIJny (30) caleoo., dey9 afta, praaan1alion 01 Consultenr, Invoica BhalI constilute Just causa 10' the suspBlli!lon of servk:es on all projBC~ aoo the lIilhholdi"9 of al daliverablas on all projecta by the CIlIllllIIanI. GliaRt "~II PEl)" 811 9f CSFl6Wk&A1'e GeetD a' ~9gijilR. IRoo eIlF9i iRtElFFlBllaBGr \lasts at 1i=Ie hh~itKiFIB:I SSF\1eSB Fate; F8QfjgRal:lls BUemays' 1996; lIflI:llltilj8ti9R anEI alBftmllSA 961em aRa f099, If1 tile e''9A1 ~1I9Rt f9.\18 tG malls ti:l:I9~'~'FRBAt tG C9FI&lJIlaFlt IFI"jQIatiaA ef tAs CaRtra9t. iKtemal 1086, 9G6&, a.RiI 91lflBl1G9S iRGblR=8E1 uooertRla atJul8e ";1 Be FEllmbl:lRleEl at tlla Fate 8~B(lifiBg IR IhB PFG~asal fer extemal FaimlHlRial:rla I)P;pSRBIili. 10.2 NOTICE OF CLAIIED ERRORS OR OIlISSlONS. Cllanl ,hell provlda writtan no1k:a, Irdudlng all known partlculals, to Constdtanl of any claKned errors or omissions in Consultant's services not later than 60 calendar clays after Client becomes aware, or In the exan:lse of reBSOOa:ble dligeo::e should heva become aware. of the exist""", of such erlOl 0' omission. Cono:>Jltant shall be given a raasonabIe opporturity, duri'9 such 60- day pariod, to inves1gala and racommeoo wa~ of miligali"g any ~lagad damagas. Cllanf. lal~re to provida ,uch no1ica, and/o, Cllanr, fai~ra to provida Consultent a raesonable opportLr/t; to Invastlgate and make racommandations, _n the time stated shall consltlufa an irrawcable waiver 01 any and ai dalms, countardalms, delan..., _, or '"""-IJ'I1ents Client might have In comactIon with any such allagad error ()f omI5Olon. In the event C11... asserts a claim In _lion 01 tI1s paragreph, 0' In tha BYanf that IJlfI othe, .rror aoo 0_ daln1 aasar1ad by Clant ~ demm1lned to be without substantial mant, Client smIl pay all 01 Consuhant'~ infamallabor costs at the Mlttonal Selvlcas rate; ressonebla attorneys' fees; e><pens..: am artlitration and liligalion costs Incurred In Inves1igall'9 and deler<llng such dolm. ExtamaJ lees, costs, am expeosas Incurred undar this douse will be reimbursed at the rata specified In the Proposellor extamal raln1bursable .xpan.... 10.3 ERRORS OR OMISSIONS Of CLIENTS CONSULT AtITS. 0 Clianl has saparalely relalned othar design professional, Cllanl ogres. 10 tha lullest extant permlttad by law to defend, indemnify, am hold tha ConsuItanl harmless lrom all 10.., damage, Ilall;ily, cost or e><pensa (InoItJding but not Iimflad 10 reasooab~ attorneys' lees) arlsi'9 out oj or re~tlng 10 (a) the nagliganl acts or omissions 01 .uch other desll11 professional" and/or (b) the failure of such other design prof..siona~ to carry 0' main1a.\1 proleselonaJ l~biIify Insu,"",e in an amounl edequata fa protacl Cllant aoo Consullant fromklS!:i. . . . . lb.BowlIrs'MlhCllyof~ PlOll13 FEE SCHEDULE ~ LANDFORM j.,... I; EstabRsh C Yb;ion Gllll;t-.-r,nd R~PlletPWlll,.~ CompP!an, ZCftf'lQ, ,r.d0rdnln0a; Llpblldolgl0U'ld1!1llPl,* KicIr.-oIfMeef~wilhStlll'-~sahlIdtMAPm\gI,pl.tlIcopenoo..e CooOud F'hy8lc:aI-\Il8UIII Suwy ~ photo, ~). ~ 1M IrriettOry 1Ook-onIWldV'lll<<llngMtMlng'Mlh~PwIel f'r8,pea~dlw!ite.-~at,lIiIuIl,Im:l\'u'n.Md&,-- PrItplt.fofOptnHoule.llbHnosheeta.~~ COt\l1ldPutJioep.,I-\ouRI~ald~.u~,irUrYlorM DeIIrofI~~II'IdPl1orJ:1M Prwparw\r'lWln.staI:eo'rleI't_docuTwrtVlllonPr~W'ldClUdngCOlloi!lp4ls MnR....".,.,.~v.lthSla1l'.lA-"_""......1(2) SWtoUpdl'teCOC,PItIflnlrog~.-1datyCouncll - - :......:- ..... .....' : : ~..;.- 1 ; ... . , . :N'.......: , ntoh- i i : ,....., 0,- ~ : ....: : : I.... : :~ ~ : : I: : ..112; l..a1d UA 0.... CUldud:MIIrketAr'lSyW-F0CU8Of1F~rorAdJoYingVll:loo s-d(llllrHt1Rory-ldertIf)'~ftt~...&~.~I~ OIQ1fizeDnlItLwo:lUuPl.,blIINdon',Woolltldl.Wl<lll~ RIJIolewMakeIArollyUIr'Id ~e!l\ll'itl'!Ad/IIroIy FWwl Id.ntWyPcMnilellll"lplldaonEDl:lingl.lMiell Idl/lW'iP<*nblTrI~ NMd&, eon.ldIorlrlt'OOT...,.,.,.~ PoIlrlf DeweklpC~ (2-3)fOI' I-+IW 7 and 1e Irdlnadlan ,A,.lt>.....IM DweIop~1oro..lgnGUd!llrlel, I~CIWIfIM!ll.lm'I'lgmana- R~lr'1'1p'~.88My. Trdo, ~r...dl..A...ElIIr:llITnIl'll5It ~Redwtl~ConoIIPI & R-..~,_..w..... 'Nith AtMetJty P..-l ~1MeIngI'<IIihSUlf-""--A..ncl7(2) 5blllolJp::W1!lCDC,~Comn'iwIorIIfldChyCQurd nk.3:~tM"'" DocurMllllUldCarmlulK:atehl~IIOdRa,..,.....,._.da6..._ PrepareGrapNce IndMlpl (BonII. PWl 00cI.IrT*It.-.:l dgbI~ F'utiItlOral'tIllfthGraptbforSllltrPr'elrirWyRftlr!W Pr~e~'Io(P1.dcOplln~ CanO.ctPublcOpenI-tJuM MlIkeF'tenR~(oneround,taxtprlmerlyl R...n-~wit1Sla1f-~._?(7) Pr8M'1tF'Wl1oCOCJP\snringCofrmll!<<landctyGro1dl . . 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" 2 . . 12 2 2 . 12 3 5 . 2 2 2 1 2 12 2 17 3 3 2 , 2 . 22 . 1)1 10l ZOI - ua.m i __ . , 5 COOT 18' ,uO< 32 ,,880 f8 '1,&05 32 $2.'80 f3 '1,~ 20 $1,710 . ,- .. 12.310 , "80 23 $2.1120 . $nO - - 71 1 00 12 , 282 ~. .. ~ ~m 28 S2,.520 1Q $2.~ 3 $275 . .... 23 11,~ 28 12.500 :u 11,"70 14 11,455 10 1030 5 2 14 . , , 214 .~,.. ,,-l8.030 39 l.2,eH5 20 11,.f.30 12 uta 21 $2,0015 28 12,220 8 lue 2e 12,140 . . 11 1001 1 117.... $1~'" -. - fAPPYRVI CITY OF HUTCHINSON Check Number AP Payment Reals!er with Voids . Check Da!es 04/24/2007 - Ck Date Type Check # Vendor Name Amount 04/24/2007 PK 142146 . 102136 BUSINESSWARE SOLUTIONS 1,748.73 04/24/2007 PK 142147 102484 CORPORATE EXPRESS 272.19 04/2412007 PK 142148 102647 DYNA SYSTEMS 23807 04/2412007 PK 142149 122871 ELK RIVER FORD 21,414.00 04/2412007 PK 142150 102062 JACK'S UNIFORMS & EQUIPMENT 111.89 04/24/2007 PK 142151 101946 LAB SAFETY SUPPLY INC 716.37 04124/2007 PK 142152 102653 MINNESOTA DEPT OF MOTOR VEHICL 11.00 04/24/2007 PK 142153 103210 USA BLUE BOOK 490.43 04/24/2007 PK 142154 121152 3D SPECIALTIES 1,890.17 04/24/2007 PK 142155 123573 AARP 360.00 04/24/2007 PK 142156 124237 AMISH TOURS OF HARMONY 550.00 04/24/2007 PK 142157 105204 ARCTIC GLACIER PREMIUM ICE INC 297.50 04/2412007 PK 142158 102969 BARKE 1M. ELDEN 125.00 04/24/2007 PK 142159 101926 BARR ENGINEERING CO 2,474.50 04/24/2007 PK 142160 114383 BAUMETZ, BONNIE 48.50 04/24/2007 PK 142161 102367 BELLBOY CORP 4,904.60 04/24/2007 PK 142162 105557 BENNETT MATERIAL HANDLING 334.36 04/24/2007 PK 142163 124245 BENNIN, ANDREW 20.00 04/24/2007 PK 142164 102255 BERKLEY RISK ADMINISTRATORS 950.00 04/24/2007 PK 142165 104089 BERNICK'S FOOD SERVICE 266.64 04/2412007 PK 142166 120738 BERTELSON'S 244.21 _24/2007 PK 142167 124194 BFG SUPPLY COMPANY 4,250.00 4/24/2007 PK 142168 119212 BLOCK FARMS & TRUCKING 2,201.16 04/24/2007 PK 142169 122927 BOB AHLGREN ELECTRIC, INC. 804.21 04/24/2007 PK 142170 103665 BP 24M 04/24/2007 PK 142171 124243 BRADLEY. MAGGIE 20.00 04/24/2007 PK 142172 103349 BRANDT GARMET LETTERING 27.93 04/24/2007 PK 142173 102752 BRAUN INTERTEC CORP 3,898.32 04/24/2007 PK 142174 122919 BRYAN STREICH TRUCKING 1,990.36 04/2412007 PK 142175 121089 BUSHMAN, RAQUEL 66.96 04/2412007 PK 142176 102136 BUSINESSWARE SOLUTtONS 1,345.40 04/24/2007 PK 142177 102456 C & L DISTRIBUTING 32,505.96 04/24/2007 PK 142178 102086 CADD/ENGINEERING SUPPLY 64.94 04/24/2007 PK 142179 102117 CARQUEST AUTO PARTS 23.71 04124/2007 PK 142180 102213 COMMISSIONER OF TRANSPORTATION 530,401.95 04124/2007 PK 142181 102213 COMMISSIONER OF TRANSPORTATION 469,068.60 04/24/2007 PK 142182 102213 COMMISSIONER OF TRANSPORTATION 385,029.45 04/24/2007 PK 142183 102484 CORPORATE EXPRESS 713.49 04/24/2007 PK 142184 124210 CROW RIVER FASTPITCH 6,048.00 04/24/2007 PK 142185 102121 CROW RIVER VET CLINIC 773.17 04/24/2007 PK 142186 104884 CULLIGAN 34.00 04/24/2007 PK 142187 102186 CULLIGAN WATER COND 37.28 04/24/2007 PK 142188 124228 CUMMINS, JOHANNA 122.50 04/24/2007 PK 142189 102488 DAY DISTRIBUTING 5,162.27 04/24/2007 PK 142190 123819 DIGITAL ALLY, INC . 71.89 .24/2007 PK 142191 104084 DONOHUE & ASSOC . 28,471.56 /24/2007 PK 142192 102275 DPC INDUSTRIES INC 1,167.65 /2412007 PK 142193 113181 DROP-N-GO SHIPPING, INC 19.05 0412412007 PK 142194 104095 DUECO 7134 0412412007 PK 142195 102324 EARL F. ANDERSEN, INC 649.67 0412412007 PK 142196 102495 EBERT, PAT 4.35 0412412007 PK 142197 102726 ECOLAB PEST ELlM 174.67 0412412007 PK 142198 1042{>6 ELECTION SYSTEMS & SOFTWARE 495.00 0412412007 PK 142199 122871 ELK RIVER FORD . 21,414.00 0412412007 PK 142200 124229 EVANS, JUSTIN 5.00 04124/2007 PK 142201 110034 EXTREME BEVERAGE 224.00 04124/2007 PK 142202 104137 FASTENAL COMPANY 112.18 04124/2007 PK 142203 101896 FENSKE'S STUMP REMOVAL 2.724.80 04124/2007 PK 142204 124242 FOTIS, CHELSIE 20.00 04124/2007 PK 142205 102526 G & K SERVICES 656.06 04124/2007 PK 142206 101945 GALL'S INC 90.98 04/24/2007 PK 142207 103340 GEB ELECTRICAL INC 841.80 04124/2007 PK 142208 105021 GENERAL TRADING CO . 27.68 04124/2007 PK 142209 123363 GMS INDUSTRIAL SUPPLIES INC 34.68 04/24/2007 PK 142210 109220 GOODIN COMPANY 60.17 04/24/2007 PK 142211 124211 GREVE, KAREN 18.00 04/24/2007 PK 142212 101874 GRIGGS & COOPER & CO 12,937.42 04/2412007 PK 142213 102529 HACH COMPANY 1,164.07 04/24/2007 PK 142214 102451 HANSEN DIST OF SLEEPY EYE 1,738.30 04/2412007 PK 142215 103013 HAROLD SANDGREN ICE SERV 60.00 04/24/2007 PK 142216 124212 HAUGEN, BRYNN 154.00 04124/2007 PK 142217 121384 HEDGE & HERBERG,INC. 1,500.00 04/24/2007 PK 142218 103240 HEMMAH, KATHY 24.38 04/2412007 PK 142219 104883 HENKE FLOOR CARE 3,610.00 04/2412007 PK 142220 102701 HENRY'S WATERWORKS INC 653.06 0412412007 PK 142221 116866 HEWLETT-PACKARD CO 1,536.01 04/24/2007 PK 142222 102544 HUTCH CAFE 64.43 04124/2007 PK 142223 102363 HUTCH SPORT SHOP 5.343.01 04/2412007 PK 142224 102319 HUTCHINSON AREA HEALTH CARE 70.00 04/2412007 PK 142225 105028 HUTCHINSON GIRLS SOFTBALL ASSN 6,298.00 04/2412007 PK 142226 102540 HUTCHINSON PLUMBING & HEATING 1,464.00 0412412007 PK 142227 102541 HUTCHINSON TELEPHONE CO 1,393.05 0412412007 PK 142228 123382 HUTCHINSON YOUTH BASKETBALL AS 235.00 04/2412007 PK 142229 102038 HUTCHINSON, CITY OF 185,000.00 04/24/2007 PK 142230 102072 HUTCHINSON, CITY OF 30,023.00 04124/2007 PK 142231 1 03099 HUTCHINSON, CITY OF 1,975.49 04/2412007 PK 142232 117018 INTERNATIONAL CODE COUNCIL 100.00 04/24/2007 PK 142233 103520 INTERSTATE BATTERY SYSTEMS OF 138.34 04/24/2007 PK 142234 124238 10D INCORPORATED 18.89 04/2412007 PK 142235 102082 JACK'S UNIFORMS & EQUIPMENT 47.94 0412412007 PK 142236 102208 JEFF'S ELECTRIC 344.74 0412412007 PK 142237 124239 JENNEKE, KEVIN 64.99 0412412007 PK 142238 119782 JESCO INDUSTRIAL SUPPLIES, INC 2,154.51 0412412007 PK 142239 122959 JOHN DEERE CREDIT 29,131.03 0412412007 PK 142240 101938 JOHNSON BROTHERS LIQUOR CO. 16,303.17 04/2412007 PK 142241 124247 JOHNSON PHD, TONI CAVANAGH 133.00 04/2412007 PK 142242 102045 JOHNSON, DOUGLAS 60.00 0412412007 PK 142243 124230 KAUFMANN, CHRISTINE 23.00 04/24/2007 PK 142244 124231 KLAWITTER, JUDY 38.00 04/24/2007 PK 142245 103114 KLOSS, TOM 156.48 . . . ~, ~24/2007 PK 142246 124213 KNIFE RIVER 27.96 /24/2007 PK 142247 124214 KNUTSON, LEAH 248.00 04/24/2007 PK 142248 123008 KRANZ LAWN & POWER 31.57 04/24/2007 PK 142249 121386 KRISTICO, INC 950.00 04/24/2007 PK 142250 102561 L & P SUPPLY CO 25,234.22 04/24/2007 PK 142251 124146 LANGE, DAVID 50.00 04/24/2007 PK 142252 101966 LARSON, QUENTIN 224.96 04/24/2007 PK 142253 120903 LEXISNEXIS 110.00 04/24/2007 PK 142254 101984 LOCHER BROTHERS INC 26,635.70 04/24/2007 PK 142255 102571 MACQUEEN EQUIP INC 105,289.10 04/24/2007 PK 142256 103744 MAIN STREET SPORTS BAR 79.88 04/24/2007 PK 142257 123986 MATHWIG, ANDREW 20.00 04/24/2007 PK 142258 107548 MCENTEE MEDIA CORP 83.00 04/24/2007 PK 142259 102573 MCLEOD COOP POWER 394.37 04/24/2007 PK 142260 113757 MCLEOD COUNTY HOLSTEIN ASSOC 97.50 04124/2007 PK 142261 103046 MCLEOD COUNTY RECORDER 138.00 04/24/2007 PK 142262 120331 MCLEOD WEST YOUTH SOFTBALL 215.00 04/24/2007 PK 142263 123988 MEDICA 81,105.98 04/24/2007 PK 142264 121830 MEDTOX DIAGNOSTICS, INC 168.13 04124/2007 PK 142265 102574 MEEKER WASHED SAND & GRAVEL 460.28 04/24/2007 PK 142266 112400 MENARDS - HUTCHINSON 427.56 04/24/2007 PK 142267 104034 MESSNER, KEITH 5.18 04/24/2007 PK 142268 122894 METEORLOGIX 149.00 04/24/2007 PK 142269 102425 MIDWEST WIRELESS COMM. 2.278.28 04/24/2007 PK 142270 102449 MINNESOTA CHILD SUPPORT PAYMEN 177.68 04/2412007 PK 142271 102653 MINNESOTA DEPT OF MOTOR VEHICL 11.00 /24/2007 PK 142272 102582 MINNESOTA ELEVATOR INC 106.70 04/24/2007 PK 142273 121733 MINNESOTA MUNICIPAL UTILITIES 4,500.00 04/24/2007 PK 142274 105157 MINNESOTA SHREDDING 55.95 04/24/2007 PK 142275 102583 MINNESOTA VALLEY TESTING LAB 4,090.50 04/24/2007 PK 142276 110499 MINNESOTA WEIGHTS & MEASURES 230.00 04/24/2007 PK 142277 124133 MODERN TOWING 74.55 04/24/2007 PK 142278 110363 NASH FINCH COMPANY 2.252.35 04/24/2007 PK 142279 123416 NATIONAL BARK SALES 5.188.95 04124/2007 PK 142280 124255 NATIONAL RESEARCH CENTER INC. 7,050.00 04/24/2007 PK 142281 102650 NCL 151.37 04/2412007 PK 142282 115871 NEWMAN TRAFFIC SIGNS 4,329.13 04/24/2007 PK 142283 124217 NORTH STAR DENTAL SERVICES 663.26 04/2412007 PK 142284 102591 NORTHERN STATES SUPPLY INC 161.85 04/2412007 PK 142285 123402 O'FALLON. SUSAN 10.65 04/2412007 PK 142286 122214 O'REILLY AUTO PARTS 45.88 04124/2007 PK 142287 122948 OFFICE DEPOT 4.66 04/24/2007 PK 142288 119358 OFFICE OF ENTERPRISE TECHNOLOG 37.00 04/2412007 PK 142289 123775 OLDCASTLE LAWN & GARDEN SOUTH 7,856.00 04/24/2007 PK 142290 101983 OLSEN, DIANE 11.00 04/2412007 PK 142291 113367 OTTESON, LYNN 112.04 04/24/2007 PK 142292 102483 OTTO ASSOCIATES 1,888.50 04/2412007 PK 142293 102187 PAUSTIS & SONS WINE CO 7,470.45 04/24/2007 PK 142294 101853 PHILLIPS WINE& SPIRITS 16,565.42 0412412007 PK 142295 105428 PIZZA HUT/SKY VENTURES LLC 46.01 _12412007 PK 142296 1 02445 POSTMASTER 165.00 04/24/2007 PK 142297 103931 PUMP & METER SERVICE 290.14 ~ 0412412007 PK 142298 102598 QUADE ELECTRIC 30783 04124/2007 PK . 142299 102052 QUALITY WINE & SPIRITS CO. 17,250.96 04124/2007 PK 142300 124244 QUAST. BRANDYN 20.00 04/24/2007 PK 142301 117434 R & J TOURS, INC. 890.76 04/24/2007 PK 142302 102205 R.J.L. TRANSFER 1,092.20 04/24/2007 PK 142303 102424 RADIO SHACK 53.22 04/24/2007 PK 142304 104941 RANGER TRUCK PARTS 111.68 04/2412007 PK 142305 102432 REED BUSINESS INFORMATION 421.47 04/2412007 PK 142306 121176 REINER ENTERPRISES, INC 3,600.05 04/2412007 PK 142307 102358 RIDGEWATER COLLEGE 45.00 04/24/2007 PK 142308 108702 RIVER CITY PACKAGING INC 1,612.50 04/24/2007 PK 142309 . 123287 ROECKER, DONALD 2,700.00 04/24/2007 PK 142310 121677 RUCKS, CAMERON D. 1,268.65 04/24/2007 PK 142311 119208 RUNKE, DOREEN 210.00 04124/2007 PK 142312 102436 SARA LEE COFFEE & TEA 297.20 04124/2007 PK 142313 101940 SCHNOBRICH, MARK 129.62 04/24/2007 PK 142314 102211 SCHWEISS BI-FOLD DOORS 105.44 04124/2007 PK 142315 109801 SCOTT'S WINDOW CLEANING SERVIC 63.90 04/24/2007 PK 142316 109801 SCOTT'S WINDOW CLEANING SERVIC 63.90 04/24/2007 PK 142317 114368 SCOTT, KRISTI 248.00 04/24/2007 PK 142318 101892 SEH 1.209.74 04/24/2007 PK 142319 102637 SEVEN WEST WASH & DRY 268.38 04/24/2007 PK 142320 102609 SHOPKO 131.50 04/24/2007 PK 142321 102610 SIMONSON LUMBER CO . 6.70 04/24/2007 PK 142322 124215 SMILE MAKERS 96.94 04/24/2007 PK 142323 102611 SORENSEN'S SALES & RENTALS 269.01 04/24/2007 PK 142324 103967 SOTA 450.00 04/24/2007 PK 142325 120410 SPECIALTY WINES 522.00 04/24/2007 PK 142326 103515 SPECTRUM SCREEN PRINTING 563.60 04124/2007 PK 142327 102749 SR. ADVISORY BOARD 916.74 04124/2007 PK 142328 102242 SRF CONSULTING GROUP 1,515.87 04/24/2007 PK 142329 123588 STOCKMAN TRANSFER, INC. 5,200.00 04/24/2007 PK 142330 103094 SUBWAY 38.25 04/24/2007 PK 142331 124240 SWANSON, CLIFF 13.00 04/24/2007 PK 142332 119154 TACO JOHNS 562.64 04/24/2007 PK 142333 124241 TANNER, KRISTOFOR 24.50 04/24/2007 PK 142334 121020 TAPS-LYLE SCHROEDER 20.00 04/24/2007 PK 142335 102054 TELECKY, DAVE 70.00 04/24/2007 PK 142336 102258 TESSMAN SEED CO 1.000.30 04/24/2007 PK 142337 119159 TOTAL FIRE PROTECTION 22.22 04/24/2007 PK 142338 101971 TRAVELERS DIRECTORY SERVICE 265.00 04/24/2007 PK 142339 102620 TRI CO WATER 105.85 04/24/2007 PK 142340 102454 TRI-COUNTY BEVERAGE & SUPPLY . 232.50 04/24/2007 PK 142341 102447 TRICO TCWIND, INC 205.36 04/2412007 PK 142342 102619 TWO WAY COMM INC 776.99 04/24/2007 PK 142343 102624 UNITED BUILDING CENTERS 211.35 04/24/2007 PK 142344 102625 UNITED LABORATORIES 267.74 04/24/2007 PK 142345 102627 UNIVERSITY OF MINNESOTA 45.00 04/24/2007 PK 142346 102627 UNIVERSITY OF MINNESOTA 90.00 04/24/2007 PK 142347 102627 UNIVERSITY OF MINNESOTA 90.00 04/24/2007 PK 142348 102627 UNIVERSITY OF MINNESOTA 135.00 04/24/2007 PK 142349 102627 UNIVERSITY OF MINNESOTA 270.00 . . . . . 124/2007 PK 142350 108568 URBAN COMMUNICATIONS 1,478.53 /24/2007 PK 142351 105003 US COMPOSTlNG COUNCil 1.000.00 4/24/2007 PK 142352 101974 VIKING BEER 6,842.50 04/24/2007 PK 142353 102132 VIKING COCA COLA 46100 04/24/2007 PK 142354 121147 VSS-VERTECH SOLUTIONS & SERVIC 74.50 04/24/2007 PK 142355 124216 WARZECHA, BRIAN 39.04 04/24/2007 PK 142356 1 05064 WASTE MANAGEMENT-SPRUCE RIDGE 10,600.51 04/24/2007 PK 142357 120852 WASTE MANAGEMENT-TC WEST 95.34 04/24/2007 PK 142358 102165 WELCOME NEIGHBOR 60.00 04/24/2007 PK 142359 102641 WELDERS SUPPLY CO 115.93 04/24/2007 PK 142360 124246 WENDLAND. JOSH 20.00 04/24/2007 PK 142361 102452 WINE MERCHANTS INC 2,118.31 04/24/2007 PK 142362 105208 WOLD ARCHITECTS & ENGINEERS 2,729.38 04/24/2007 PK 142363 102632 XEROX CORP 315.52 04/24/2007 PK 142364 103980 ZARNOTH BRUSH WORKS 1.19333 04/24/2007 PK 142365 105571 ZEP MANUFACTURING CO 814.95 04/24/2007 PK 142366 120670 ZWilLING. TROY 218.44 2,225.629.71 Account Nu # 2,225,62971 . . ,. . . . - ELECTRONIC FUNDS TRANSFERS 04/24/07 WATER/SEWER MN DEPT OF REVENUE-USE TAX $9,951.00 GENERAL MN DEPT OF REVENUE-SALES TAX $ 1,022.00 H.A.T.S DEPT OF REVENUE-FUEL TAX $1,530.20 LIQUOR MN DEPT OF REVENUE-LIQUOR TAX $29,876.00 PAYROLL DATE: Period Ending Date: April 13, 2007 Apri17,2007 -, FOR COUNCIL LIST ONLY. ELECTRONIC TRANSFER TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE , . AMOUNT ACCT# NAME DESCRIPTION $25,578.14 $13,776.34 $3,872.05 9995.2034 WITH. TAX Employee Contribution - Federal Tax ACCOUNT 9995.2240 Employee Contribution - Soc. Security 9995.2242 Employee Contribution - Medicare $43,226.53 SuI>- Total - Employee Contribution $13,776.34 9995.2240 Employer Contribution - Social Security $3,872.05 9995.2242 Employer Contribution - Medicare Per Journal Entries Difference Fica $ 27,552.68 $17,648.39 Sub-Total- Employer Contribution Medicare $ 7.744.10 Wrthholdin9 $ 25,578.14 $60,874.92 Grand Total - Withholding Tax Account Total $ 60,874.92 $0.00 $10,946.98 9995.2035 MN DEPT OF REVENUE State Tax $ 10,946.98 $0.00 . $15,413.41 9995.2241 PERA Employee Contribution - Pension Plan $18,417.67 9995.2241 Employer Contribution - Pension Plan $33,831.08 SuI>- Total - PERA $15.86 9995.2243 PERA-OCP Employee Contribution - Pension Plan $15.86 9995.2241 Employer Contribution - Pension Plan Pora $ 33,846.94 $31.72 Sub - Total - OCP DCP $ 15.86 $33,862.80 GRAND TOTAL - PERA Total $ 33,882.80 $0.00 Finance Director Approval . .- R55APPYRVICSV200ooVO CITY OF HUTCHINSON Bv Check Number AP Pavment ~ster with Voids Check Date 04/1812007 - Ck Date GL Date Tv[ Check # Vendor Name Amount 04/1812007 04/18/2007 PK 142117 . 102126 ACE HARDWARE 1,183.70 04/1812007 04/1812007 PK 142118 101919 AMERICAN FAMILY INS CO. 184.71 04/18/2007 04/1812007 PK 142119 119212 BLOCK FARMS & TRUCKING 1,469.96 04/18/2007 04/1812007 PK 142120 122919 BRYAN STREICH TRUCKING 1,666.90 04/18/2007 04/18/2007 PK 142121 123539 C.H. ROBINSON CO. 1,675.00 04/1812007 04/1812007 PK 142122 124207 COLORBIOTICS 15,100.00 04/1812007 04/18/2007 PK 142123 105115 ELECTRICAL INSTALLATION & MAIN 123,308.31 04/1812007 04/18/2007 PK 142124 102526 G & K SERVICES 1,007.81 04/1812007 04/18/2007 PK 142125 105021 GENERAL TRADING CO 151.37 04/1812007 04/18/2007 PK 142126 101872 H.R.L.A.P.R. 427.88 04/18/2007 04/1812007 PK 142127 105161 HUTCHINSON UTILITIES 135,552.80 04/18/2007 04/1812007 PK 142128 102543 HUTCHINSON WHOLESALE 979.29 04/18/2007 04/18/2007 PK 142129 102038 HUTCHINSON, CITY OF 4,046.81 04/1812007 04/1812007 PK 142130 102635 HUTCHINSON, CITY OF 791.18 04/1812007 04/18/2007 PK 142131 101873 ICMA RETIREMENT TRUST 4,266.92 04/1812007 04/18/2007 PK 142132 101876 ING LIFE & ANN CO. 1,420.00 04/1812007 04/18/2007 PK 142133 124036 KALEN BERG ENTERPRISE 1,333.80 04/1812007 04/1812007 PK 142134 121386 KRISTICO. INC 1,625.00 04/18/2007 04/1812007 PK 142135 102489 MCLEOD COUNTY COURT ADMINISTRA 250.00 04/18/2007 04/1812007 PK 142136 102449 MINNESOTA CHILD SUPPORT PAYMEN 449.02 04/18/2007 04/1812007 PK 142137 101914 NCPERS LIFE INS. 572.00 04/18/2007 04/1812007 PK 142138 101875 ORCHARD TRUST COMPANY, LLC 300.00 04/18/2007 04/1812007 PK 142139 123569 OSTLUND SUPPLY 550.00 04/1812007 04/1812007 PK 142140 102096 PRUDENTIAL MUTUAL FUNDS 30.00 04/1812007 04/1812007 PK 142141 121176 REINER ENTERPRISES, INC 7,534.90 04/18/2007 04/1812007 PK 142142 102225 RUNNING'S SUPPLY 1,399.08 04/1812007 04/1812007 PK 142143 103094 SUBWAY 410.55 04/1812007 04/1812007 PK 142144 102620 TRI CO WATER 417.36 308,104.35 Account N u 308,104.35 . . . -., R55APPYRV I CITY OF HUTCHINSON By Check Number AP Pavment Register wnh Voids Check Dates 0412012007 - Ck Date Tvn. Check # Verrdor Name Amount 0412012007 PK 142145 . 102489 MCLEOD COUNTY COURT ADMINISTRA 245 245 Account Num 9999.1015 . 245 . . .