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cp07-10-2007 c . AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 10,2007 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Adam Krumrie, Shalom Baptist Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JUNE 26, 2007 (b) BID OPENING MINUTES OF JUNE 28, 2007 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS I. FIRE DEPARTMENT MONTHLY REPORT FOR JUNE 2007 . 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MAY 15,2007 3. HUTCHINSON AIRPORT COMMISSION MINUTES FROM MAY 17,2007 4. PLANNING COMMISSION MINUTES FROM JUNE 19,2007 5. BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13232 - RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2. RESOLUTION NO. 13233 -RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY 3. RESOLUTION NO. 13234 - RESOLUTION AUTHORIZING MAYOR AND CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH MN/DOT AERONA TUCIS TO RECEIVE FEDERAL GRANT . 4. ORDINANCE NO. 07-0464 - AMENDMENTS TO AN ORDINANCE ESTABLISHING THE PUBLIC ARTS COMMISSION (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 07-0465 - ZONING ORDINANCE AMENDMENT TO ADD SOLAR STRUCTURES AND WIND ENERGY CONVERSION SYSTEMS AS EXCEPTIONS TO HEIGHT LIMITATIONS (SECOND READING AND ADOPTION) (c) CONSIDERA nON FOR APPROVAL OF SITE PLAN FOR CUSTOMER ELATION CALL CENTER ON CITY COUNCIL AGENDA -JULY 10,2007 . 5TH AVENUE SE (APPROVE RESOLUTION NO. 13236) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM 3 .2 MALT LIQUOR LICENSE FOR MCLEOD COUNTY AGRICULTURAL ASSOCIATION AT THE MCLEOD COUNTY FAIRGROUNDS AUGUST 15 -19, 2007 (e) CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 8 & 9, 2007 (FALL FESTIVAL) (f) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 9,2007 (F ALL FESTIVAL) (g) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.1 - LETTING NO.1, PROJECT NO. 06-01 (TH 7/15/22 RECONSTRUCTION) (h) CONSIDERATION FOR APPROVAL OF AWARDING CONTRACT FOR 2007 NEIGHBORHOOD MAINTENANCE MILLING AND BITUMINOUS PATCHING PROJECT (i) CONSIDERATION FOR APPROVAL OF STATE OF MINNESOTA GRANT AGREEMENT FOR THE HUTCHINSON DAM REPLACEMENT PROJECT G) CONSIDERATION FOR APPROVAL OF REJECTING ALL BIDS FOR FARMERS' MARKET PAVILION PROJECT (k) CONSIDERATION FOR APPROVAL OF IMPOSING FEE FOR AUTOMATED PAWN SYSTEM TRANSACTIONS (1) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR PETER BAZIL AT 7-HI BUDGET MOTEL . Action - Motion to approve consent agenda 7. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FORAPPROV AL OF ISSUING ON-SALE INTOXICATING & SUNDAY LIQUOR LICENSE TO LITTLE CROW BOWLING LANES, DBA HUTCH BOWL, LOCATED AT 1150 HWY 7 WEST Action - Motion to reject - Motion to approve (b) CONSIDERATION OF ORDINANCE NO.07-0466 - A SELF-PERPETUATING ORDINANCE ADOPTING BY REFERENCE THE MINNESOTA STATE BUILDING CODE Action - Motion to reject - Motion to approve 8. COMMUNICATIONS. REOUESTS AND PETITIONS (a) FORESTRY UPDATE BY MARK SCHNOBRICH, CITY FORESTER Action - 9. UNFINISHED BUSINESS .. NEW BUSINESS 2 CITY COUNCIL AGENDA - JULY 10, 2007 . (a) CONSIDERATION OF REQUEST BY ACOMA TOWNSHIP TO PURCHASE SURPLUS EQUIPMENT Action - Motion to reject - Motion to approve (b) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR THE SCHOOL ROAD PEDESTRIAN UNDERPASS CONSTRUCTION (LETTING NO.1, PROJECT NO. 07-01) Action - Motion to reject - Motion to approve (c ) CONSIDERATION FOR APPROVAL OF SETTING LIQUOR LICENSE VIOLATION HEARINGS Action - (d) DISCUSSION ON POLICY GOVERNANCE Action - I I. MISCELLANEOUS (a) COMMUNICATIONS 12. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS 13. ADJOURN . . 3 . MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 26, 2007 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, and Casey Stotts. Member absent was Kay Peterson. Others present were Ken Merrill, Finance Director, Kent Exner, City Engineer, and Marc Sebora, CIty Attorney. 2. INVOCATION - Rev. Howard Anderson, Hunter's Ridge Community Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE . PROCLAMATION DECLARING JULY 17, 2007, AS DOMESTIC VIOLENCE AWARENESS DAY IN THE CITY OF HUTCHINSON 4. PUBLIC COMMENTS Loren Burkett presented before the Council. Mr. Burkett thanked Hutchinson for its hospitality. The Burketts worked in the City through Habitat for Humanity. Julie Lofdahl, Crow River HabItat, spoke on behalf of the Habitat, again thanking the community for their support. Bob Streich, 402 Alan Street, presented before the Council. Mr. Streich raised concerns about RV parking on private property. He feels this is a safety hazard, as well as an eyesore. Mr, Streich presented some pictures of an RV that is E...arked a few houses down from him and is parked there year round. Rebecca Bowers, Planning/Zoning/tluilding Director, will see how other communities address this issue. . MINUTES (a) REGULAR MEETING OF JUNE 12, 2007 Motion by Stotts, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM MAY 17,2007 2. HUTCHINSON POLICE COMMISSION MINUTES FROM JUNE 12,2007 3. PLANNING COMMISSION MINUTES FROM MAY 15,2007 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR MAY 2007 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13224 - RESOLUTION IN SUPPORT OF PAVING LUCE LINE TRAIL 2. ORDINANCE NO. 07-0461 - AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS LOCATED BETWEEN LOTS 20 AND 21, BLOCK 1, STONEY POINT ADDITION (SECOND READING AND ADOPTION - FIRST READING HELD MARCH 27, 2007) . 5C l\) CITY COUNCIL MINUTES - JUNE 26, 2007 (c) PLANNING COMMISSION ITEMS . 1. CONSIDERATION FOR APPROVAL OF LOT SPLITS AT 1170 AND 1180 BLUEJA Y DRIVE SW IN RA VENWOOD WEST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13225 & 13226) 2. CONSIDERATION FOR APPROVAL OF LOT SPLIT FOR A LOT LINE ADJUSTMENT BETWEEN 1350 AND 1360 JEFFERSON STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13227) 3. CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT REQUESTED BY PROVESTA FOR CONSTRUCTION OF A BUILDING ADDITION AT 35 ADAMS STREETNE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13228) 4. CONSIDERATION FOR APPROVAL OF PRELIMINARY AND FINAL PLAT FOR HAHN'S ADDITION TO MAR YVIEW LOCATED AT 880 LAKEWOOD DRIVE SW SUBMITTED BY VERN HAHN WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13229) 5. CONSIDERATION FOR APPROVAL OF ZONING ORDINANCE AMENDMENT TO ADD SOLAR STRUCTURES AND WIND ENERGY CONVERSION SYSTEMS AS EXCEPTIONS TO HEIGHT LIMITATIONS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0465 FOR JULY 10, 2007) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSE FOR RC PROMOTIONS ON JULY 13 & 14,2007 , AT MCLEOD COUNTY FAIRGROUNDS (TRACTOR PULL) .(e) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION POST 96 ON JULY 7, 2007, AT THE MCLEOD COUNTY FAIRGROUNDS (f) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.7, LETTING NO. 2/PROJECT NO. 06-02 (WATER TREATMENT PLANT) (g) CONSIDERATION FOR APPROVAL OF AMENDMENT NO.1 TO MN/DOT COOPERATIVE AGREEMENT NO. 88803-R FOR SCHOOL ROAD PEDESTRIAN UNDERPASS CONSTRUCTION (h) CONSIDERATION FOR APPROVAL OF ITEMS FOR OLD ARMORY DUMP SITE CLOSURE (i) CONSIDERATION FOR APPROVAL OF AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH DONOHUE & ASSOCIATES, INC. FOR THE WASTEWATER TREATMENT F ACIIL TY IMPROVEMENTS (LETTING NO.4, PROJECT NO. 07-04) 0) CONSIDERATION FOR APPROVAL OF CELLULAR PHONE SERVICE PROVIDER CHANGE (k) CONSIDERATION FOR APPROVAL OF ENTERING INTO GRANT AGREEMENT WITH THE STATE OF MINNESOTA FOR W ASTEW A TER TREATMENT PLANT IMPROVEMENTS Items 6( c)3 and 60) were pulled for separate discussion. Motion by Haugen, second by Stotts, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. . Item 6( c)3 had further discussion. Mayor Cook asked if there was any more than encouragement by staff to improve the parking area. Rebecca Bowers noted that due to the site's circumstances, staff did not feel it was necessary to require improved parking. Provesta is not expanding to the front of the line of their 2 r;; co--) CITY COUNCIL MINUTES - JUNE 26, 2007 building. . Motion by Arndt, second by Haugen, to approve Item 6(c)3. Motion carried unanimously. Item 60) had further discussion. Council Member Arndt asked if there was a major reason as to the City's consideration for changing cell phone providers. Tom Kloss, IT Director, addressed the Council. Mr. Kloss explained that the City is currently provided with service by Midwest Wireless. Midwest Wireless has been bought out by AllTel. Due to this transaction, there is no certainty as to what the new rates will be with AllTel. Sprint has made an offer which will actually reduce the cost to the City's cell phone bills. In addition, Sprint's coverage area is greater. Motion by Arndt, second by Stotts, to approve Item 6(j). Motion carried unanimously. 7. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF AMENDMENT TO ORDINANCE NO. 07-0464 - AMENDMENTS TO AN ORDINANCE ESTABLISHING THE PUBLIC ARTS COMMISSION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JULY 10,2007) Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers presented an amended ordinance establishing the Public Arts Commission. The amendments include having the Commission become a permanent commission and amending the composition of the Commission. In addition, a section was added under the Duties section. This new section addresses the Commission implementing policies and procedures. . Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Arndt, to waive first reading and set second reading and adoption of Ordinance No. 07-0464 for July 10, 2007. Motion carried unanimously. Motion by Arndt, second by Stotts, to appoint Jim Haugen as the Council Member representative to the Public Arts Commission. Motion carried unanimously. Mayor Cook mentioned that funding of public arts is something to consider now that a formal Commission has been established. Mayor Cook noted that some cities include fees with development agreements. Rebecca Bowers noted that she is familiar with cities including a fee to be included with parkland dedication fees. 8. COMMUNICATIONS, REOUESTS AND PETITIONS (a) PRESENTATION OF AWARD FOR THE WATER TREATMENT PLANT CONSTRUCTION (LETTING NO.4, PROJECT NO. 07-04) Kent Exner, City Engineer, presented before the Council. The United States Environmental Protection Agency has presented an award to the City of Hutchinson for the new water treatment plant construction for "showing exceptional creativity in designing projects that promote sustainability and protect public health". City staff and project consultant representatives from EarthTech accepted the award on the City's behalf. 9. UNFINISHED BUSINESS .. NEW BUSINESS 3 r;( rA) CITY COUNCIL MINUTES - JUNE 26, 2007 .a) UPDATE ON HWY 7 CORRIDOR STUDY AND INFORMATION FROM OPEN HOUSE Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers noted that an open house was held on June 6, 2007, to obtain residents' input on the Hwy 7 Corridor. Feedback receIved including the favoring of multi-story residential/commercial buildings, as well as open space and uses similar to downtown. Ms. Bowers further briefly reviewed the summary ofthe open house prepared by the consultant. (b) PRESENTATION BY CITY ATTORNEY MARC SEBORA ON PROPOSED ORDERLY ANNEXATION AGREEMENT WITH AREA TOWNSHIPS Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that staff has been dealing with an issue related to annexatIOn of neighboring townships for the last couple of years. In August 2005, Lynn Township and the City of Hutchinson entered into an orderly annexation agreement with the City. At that time, the same agreement was presented to Acoma, Hassan Valley and Hutchinson townships, however they chose not to enter into it. Instead, those townships presented a revised version of an orderly annexation agreement for the City to consider. This agreement was much broader in scope compared to what the City and Lynn Township entered into. Recently, city staff and the mayor met with the area townships to discuss the annexation issues. Mr. Sebora raised concerns as to some of the details in the agreement presented by the townships. Mr. Sebora was seeking direction from the Council as to whether or not they wish to proceed with annexation discussions. . Motion by Arndt, second by Stotts, to reject the proposed annexation agreement presented by Attorney Bob Ruppe on behalf of ~coma, Hassan Valley and J::Iutchin~on Towns)1ips. Mayo~ Cook asked Rebecca Bowers if she had ever receIved feedback from townshIp offiCials regardmg annexatIOn agreements. Ms. Bowers stated she only received some information at the meeting held the end of May with township officials. The comments were more related to developments that occur right outside the city limits as opposed to an actual annexation agreement. Mayor Cook suggested instead of ending all discussions with the three area townships, maybe some City officials could present the Lynn Township agreement again to the other townships to determine what their needs are. Jim Lauer, Lyrm Township representative to the Joint Planning Commission, presented before the Council. Mr. Lauer provided some history as to how the current Lynn Township annexation agreement was created. Mr. Lauer noted that Lynn Township is satisfied with the current agreement, however would be open to consideration of a revised agreement dependent on the make-up of it with the other townships. Tom Wirt, Hutchinson Township representative to the Joint Planning Commission, presented before the Council. Mr. Wirt noted that Hutchinson Township was somewhat surprised at the revised annexation agreement that had been presented by the firm of MacArthur, Couri & Ruppe. However, Hutchinson Township's attorney noted that the "Lynn Township" annexation agreement does need to be tightened up somewhat. Motion carried unanimously. Mayor Cook suggested one Council Member, Rebecca Bowers and Marc Sebora meet with a representative from each township to see what their requests might be. However, if any agreement is entered into, it should somewhat resemble the agreement that the City has with Lynn Township. (c) DISCUSSION OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT Mayor Cook noted that the crux of this agreement is to take an inventory of the City's resources and greenhouse gas emissions and create a plan in how to reduce them. Motion by Stotts, second by Cook, to enter into the Mayors climate protection agreement. Motion carried unanimously. .. MISCELLANEOUS 4 5(0\) CITY COUNCIL MINUTES - JUNE 26, 2007 (a) COMMUNICATIONS . Ken Merrill, Finance Director, requested a Council workshop be held to review the auditor's report. Mr. Merrill requested a workshop be scheduled for July 24, 2007, at 4:15 p.m. Motion by Haugen, second by Arndt, to schedule a Council workshop for July 24, 2007, at 4:15 p.m. to review the audit. Motion carried unanimously. Ken Merrill also noted that at a workshop earlier today the Council reviewed the 2008 budget parameters. Mr. Merrill noted that due to the vetoing of the tax bill, Hutchinson will be receiving $206,000 less in LGA. In addition, another $200,000 may be reduced in income received from fees. The Council reviewed possible actions to take to address these losses. The Council directed staff to review many alternatives in how to reduce the 2008 budget. Kent Exner - Mr. Exner provided an update on the Hwy 7 construction project. He noted that the Shady Ridge Road/Hwy 7 intersection is completely closed and will be for the next 3-4 weeks. General discussion was held in regard to the construction ofthe Hwy 7 pedestrian underpass and Crow River Dam replacement. Mayor Cook noted that the owner of the brick house located on 2nd A venue abutting the City Center property has approached the City to seek interest in whether or not they are interested in purchasing. With the budget issues and lack of any formal need or plan for the property, the consensus of the council was that this was not a good time to consider the purchase. Mayor Cook will inform the owner that the city is not interested at this time. 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS . Motion by Arndt, second by Stotts, to pay claims, appropriations and contract payments. Motion carried unanimously. 13.ADJOURN . Motion by Stotts, second by Arndt, to adjourn at 7:10 p.m. Motion carried unanimously. 5 5Ct\\ < ..-.. . BID OPENING Letting No. 10/Project No. 07-10 Farmers Market June 28, 2007 at 2:00 p.m. Present: Marc Sebora, City Attorney Miles Seppelt, EDA Executive Director Melissa Starke, Recorder The Bid Opening was called to order at 2:00 p.m. by Marc Sebora. Mr. Sebora noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities. The reading of the Advertisement for Bids was waived and the following bids were opened and read aloud: Dammann Construction 16042 Dairy Ave. Glencoe, MN 55336 Bid Amount: $278,600.00 All. 1 + $48,750.00 All. 2 + $43,150.00 All. 3 + $19,900.00 All. 4 + $3,600.00 . Eagle Construction Co. 515 9th Ave. N.W. Little Falls, MN 56345 Bid Amount: $319,800.00 All. 1 + $56,700.00 All. 2 + $37,500.00 All. 3 + $19,500.00 All. 4 + $2,400.00 Ebert Construction 23350 County Rd. 10 Corcoran, MN 55357 Bid Amount: $312,604.00 All. 1 + $35,200.00 All. 2 + $16,168.00 All. 3 + $18,480.00 All. 4 + $4,840.00 Bid Amount: $276,200.00 All. 1 + $40,300.00 All. 2 + $35,400.00 All. 3 + $18,700.00 All. 4 + $2,800.00 Environmental Associates 770 Bus Hwy 71 N.E. Willmar, MN 56201 Kue Contractors 130 Central Ave. S. Watkins, MN 55389 Bid Amount: $242,193.00 All. 1 + $37,000.00 All. 2 + $20,000.00 All. 3 + $20,000.00 All. 4 + $3,500.00 . 5(p) . . . . Scott Builders 12 East Division St. Buffalo, MN 55313 Gopher State Co. 340 SE 1st Ave. Rice, MN 56367 RAM Buildings 10121 Industrial Dr. Winsted, MN 55395 Closed: 2:15 p.m. Steven W. Cook Mayor Bid Amount: $284,156.00 All. 1 + $57,668.00 All. 2 + $44,495.00 All. 3 + $18,470.00 All. 4 + $3,564.00 Bid Amount: $309,451.00 All. 1 + $49,110.00 All. 2 + $43,500.00 All. 3 + $20,328.00 All. 4 + $3,674.00 Bid Amount: $297,129.00 All. 1 + $39,914.00 All. 2 + $14,145.00 All. 3 + $19,550.00 All. 4 + $2,904.00 ATTEST: Gary D. Plotz City Administrator SC\o) . Memo Hutchinson Fire Department To: Mayor and City Council Members From: Brad Emans, Fire Chief Date: 07/02107 Re: Monthly Update on Activities of the Fire Department Fire Department Response: The fire department responded to 43 general alarms in the month of June. Fire Officer Only Response: A "fire officer only" responded to 24 calls in June, saving the fire district the cost of a general alarm and more importantly, kept our firefighters on their full time job or at home with their families! Response Time (First Emergency Vehicle Out of the Door): June - 3 minutes 54 seconds . Example of a few of the calls: . The fire department went into the Sky-Warn mode when the report of "rotation" was seen south of Hutchinson. Fortunately, no tornado touched down in our fire district. . We responded to a call that a construction company struck a 4" gas main, leaking natural gas in the area. . We responded to a skid-steer fire inside a grain storage bin, the company lost about $40,000 worth of com. . A fire officer responded to a "Recreational Fire" inside the city limits and found the homeowner was burning illegal material. . We responded to a gas leak in one of our restaurants when the gas line separated from the appliance. . A fire officer responded to a separated gas line inside a residential home, when the home owner pulled the stove away from the wall, separating the gas line. . The fire department responded to a 4-vehicle crash, victims suffered only minor injuries. . The fire department responded to a 3-vehicle crash, victims were transported. . A fire officer responded to a report of white vapor leaking from a transport truck. The vapor turned out to be nitrogen. . 1 lQC{/\) \ This is the breakdown of the calls for the month: . . . City: Residential 8 CommerciaVlndustrial 5 Multi-family 1 School 1 Carbon Monoxide 2 Hazardous Material 9 Vehicle 0 Rescue 1 Medical 1 Grass 2 Sky-Wam 1 Good Will 0 Mutual Aid 0 Structure Fires 1 Arson 0 Rural: Rescue 3 Grass Type 2 Medical 3 Residential 2 Farm Building 0 Hazardous Material 0 Carbon Monoxide 0 Vehicle 1 CommerciaVlndustrial 0 Good Will 0 Mutual Aid Structure Fires 0 Arson 0 Drills I Meetings I Other Information Training: 1. Water movement training for our rural fire district 2. Water rescue training 3. Ropes and rigging 4. Six-Wheeler operation 5. Ladders - operation and safety 6. Search and rescue in commercial buildings I firefighter safety Fire Prevention I Public Relations 1. We assisted Gopher Camp Fire with a sign project 2. We assisted NAPA with the "Truck Monster" demonstration 3. We escorted the HHS track team out of the city as they participated in the State Track Meet 4. We assisted 3M with their 60'" anniversary 5. We gave a tour and short safety class for the McLeod Boys Group Home 6. We assisted with the following projects for the Hutchinson Water Carnival . First Aid at the Parade . Fireworks . Mud-Volleyball . Page 2 LP( 0\) , . ...........rY't ~ Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, May 15,2007,7:00 AM Minutes 1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: La V onne Hansen, Joel Kraft, and Ruth KimbalL Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON APRIL 17, 2007 Joel Kraft moved to approve the Minutes as written. Ruth Kimball seconded and the motion carried unanimously. 3. FINANCIAL REPORTS Ruth Kimball moved to approve the Financials Reports. Joel Kraft seconded and the motion carried unanimously. Joel Kraft moved to approve authorization to pay school construction house bills that maybe due before next Board Meeting. Ruth Kimball seconded and the motion carried unanimously. 4. PARK TOWERS a. Mark Opdahl of the Center for Energy and Environment presented the facility assessment to the Board. The Board would like to move forward, so an RFP will be requested for the next step. b. Jean Ward reviewed with the Board the Capital Fund Program Amendment. c. Jean Ward reviewed with the Board the Vacant Unit Turnaround Time Report. .s. FRANKLIN GROVE EXPANDED REHAB PROJECT UPDATE Jean Ward reviewed with the Board the SCDP Procedural Guidelines, the Housing Rehabilitation Revolving Loan fund Procedural Guidelines and the Amendment to the Administrative Contract with the City of Hutchinson. Joel Kraft moved to approve the SCDP Procedural Guidelines, the Housing Rehabilitation Revolving Loan fund Procedural Guidelines and the Arnendment to the Administrative Contract with the City of Hutchinson. LaVonne Hansen seconded and the motion carried unanimously. Jean Ward also reviewed with the Board the amendment to the contract for grant development agreement with SWMNHP. LaVonne Hansen moved to approve the amendment to the contract for grant development agreement with SWMNHP. Ruth Kimball seconded and the motion carried unanimously. 6. UPDATE ON THE SCHOOL CONSTRUCTION HOUSE The Board discussed the house plan for next year. LaVonne suggested moving the kitchen to the front of the house so it would be closer to the garage. Chairman Casey Stotts suggested that we talk to Diane Sorensen to see what arrangement would be more saleable. 7. HOMERENTALREHABPROGRAMUPDATE Jean Ward informed the Board that SWMNHP would like the Hutchinson BRA to administer the HOME Rental Rehab program on two buildings it owns. Also the Hutchinson HRA may want to consider administrating the program in the county too. . 8. HHPOP UPDATE Ruth Kimball moved to approve HHPOP Loan #8828 for Rolling Meadows East contingent to the Loan Review Committee's Approval. LaVonne Hansen seconded and the motion carried unanimously. May 15, 2007 Minutes Page I of2 lo( 0\)2 Jean Ward informed the Board that a Rolling Meadows East homeowner that received a City Revolving Loan and an HRA Entry Cost Loan filed for Chapter 7 Bankruptcy. City attorney, Marc Sebora is tracking it. . 9. COMMUNICATIONS . FYI - Letter to Star Tribune re Affordable Housing . The Board discussed the housing for employees of Customer Elation. . The Board also discussed current homebuyers' affordability of newly constructed homes in Hutchinson. 10. ADJOURNMENT Ruth Kimball moved to adjourn. La V onne Hansen seconded. There being no other business, Chairman Casey Stotts declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director ~~. Becky Felling ecretary/Treasurer . . May 15, 2007 Minutes Page 2 of2 lJC~) 7- . + HUTCHINSON AIRPORT COMMISSION May 17,2007 5:30 p.m. Airport Arrival/Departure Building Minutes Members present: Dave Skaar, Chuck Brill, Doug McGraw, Dick Freeman, Joel Schwarze Others Present: John Olson, Ciry of Hutchinson; Tom Parker, Hulchinson Aviation; Others present: Joe Dooley, hangar lenant Meeting called to order a15:31 p.m. There was a quorum of members present. I. Approve Minutes of April 19 meetine Motion made by Brill, second by Freeman to approve minules. Unanimous approval. 2. Review Updated Hanear Assienments The Commission reviewed the latest hangar map, wilh updates, to May 17,2007. The Commission also reviewed lalest hangar prioriry lisl, with updates, 10 May 17,2007. The Commission reviewed a notice of vacation from Jeff Lux. In an emaillo Olson, dated May 16,2007, Lux indicaled thaI he would be lerminating his lease in Bldg #2-Hangar #5 at Ihe end of the month. Hangar #2-5 was assigned to Fuzzy Flyer (Karl Heisel) with the understanding the hangar would be made available and would be advertised, with fiual assignment to be made at the June meeling. . 3. ODerationallssues 2007 Airport Improvements - Airport Layout Plan (ALP). Olson explained a letter from FAA had been received for a 95% grant of $28,500 for the ALP updale. The paperwork has not yet been received from MnlDOT. The contract with TKDA for Ihe work has been conditionally approved by the City Council. Once all paperwork from MnlDOT is received, the work can begin. l1ems thaI were idenlified by those present 10 be included in Ihe ALP updale included: I) Provisions for Life Link Ill. 3) Snow removal equipment buildinglhangar 5) Aircraft wash pad 7) Identify available land for development 9) Instrumenl approaches II) How does future aircraft design affect plan? 2) Private hangar pad development 4) Helicopter apron 6) Ag. operations conlainmenl area 8) Securiry and access issues 10) Runway eXlend/crosswind/displaced Ihreshold 12) Feasibility of adding enclosures to open hangar 4. UDdate on 2006 Airport ImDrovement Proiect Some items were idenlified for review by Ihe Engineers rei alive to construclion oflhe 8-unil T-hangar. The ilems included: I) raise the doors 10 avoid door bottoms from cOnlacting asphalt during frosl heaves; 2) adjusI the locksels on the walk-in doors, as the lock does nol properly contacllhe strike plate; 3) prior punch list ilems. Olson will contact TKDA wilh this informalion. . 0J(C\)3 . . . Airport Commission Minutes May 17,2007 Page 2 5. Other Discussionsl New Business HAM radio club activities. Olson reported the HAM radio club is expected to have an overnight event al !he airport on June 23 and June 24,2007, as reported in February. The Commission required !hat !he HAM radio club contact the Civil Air Patrol squadron to coordinate any use of property !hat is related to !heir activities. O!her operational issues included: 1) cracks in the runway, especially along Ihe centerline; 2) avgas hose needs replacement; 3) City staff was asked to review the pipes on Ihe open hangar for rust andlor damage and make necessary repairs. Olson was requested to update the Commission regarding Commissioners' terms and any upcoming vacancies expected. Olson was requesled 10 consider whe!her Ihe hospilal would consider funding Ihe construction offacililies for Life Link 111. 11 was reported that Ed Klima could be contacled al (320) 583-7277. Commissioners requested thaI Olson conlacl Life Link III 10 remind them oflheir lease requiremenllo install a concrele pad, wilh electricity. At 6:54, a motion to adjourn was made by Freeman, second by McGraw. Unanimous approval. NEXT MEETING: June 21,2007 12C~\3 . MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 19, 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: Chris Kovacic, John Lofdahl, Jim Haugen, Mike Flaata, Farid Currimbhoy and Chairman Otteson. Absent: Christie Rock Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated May 15, 2007 Mr. Lofdahl made a motion to approve the minutes dated May 15, 2007. Seconded by Mr. Kovacic. The motion carried unanimously. . b) Lot splits at 1170 and 1180 Bluejay Drive SW. in Ravenwood West c) Lot split for a lot line adjustment between 1350 and 1360 Jefferson Street S.E. Ms. Bowers commented on the lot split requests. She explained the Ravenwood West request for twin homes. She explained the lot line adjustment request on Jefferson Street. Mr. Lofdahl moved to approve the consent agenda as submitted with staff recommendations. Seconded by Mr.Currimbhoy. The consent agenda was approved unanimously. 4. PUBLIC HEARINGS a) CONDITIONAL USE PERMIT REQUESTED BY PROVESTA FOR CONSTRUCTION OF A BUILDING ADDITION AT 35 ADAMS STREET N.E. Chairman Otteson opened the hearing at 5:42 p.m. with the reading of publication #7592 as published in the Hutchinson Leader on Thursday, June 7, 2007. . Ms. Bowers commented on the request and explained the minor addition of 800 sq. ft. in the IIC District and Flood Plain. She reviewed the request and the requirements. She explained the placement of the addition. Co [0\)11 Minutes Planning Commission - June 19, 2007 Page 2 . Ms. Bowers reported on additional review information obtained from the DNR Hydrologist. The addition is required to be either: 1) elevated above the regulatory flood protection elevation, 2) wet-flood proofed or 3) dry-flood proofed. The conditions required are as follows: 1. The addition must be constructed under the following conditions: a) elevated above the regulatory flood protection elevation, or, b) wet flood-proofed, or c) dry flood-proofed. Construction of the addition must be in accordance with the flood plain regulations in the Zoning Ordinance and subject to review by the Department of Natural Resources (DNR). 2. An as-built certification after construction of the addition shall be verified. Additional verifications may be required by the DNR Hydrologist. 3. Building permit approval is required prior to any construction. 4. The applicant is encouraged to improve the parking and drive aisle arrangement by marking parking and improving loading area signage and/or locating additional parking on adjacent properties. Tim Smith, representing the applicant, provided background on their operations and reasons for the addition. He stated the addition would be a "wet environment" with a containment tank for overflow protection and would be wet-flood proofed with elevated electrical. . Ms. Bowers reported staff was concerned with the existing parking arrangement and truck loading occasionally blocking Bluff Street. There was discussion on the possibility of improvement in the orderliness of parking and consideration of using adjacent sites for parking. Discussion followed on the word "encourage" in the recommendation also, the parking problems on the site. Ms. Bowers explained the parking problems cannot be a requirement for this conditional use permit. She stated the addition is not changing anything regarding parking. Tim Smith, Provesta, stated they are considering options for parking improvements. There are 32 maximum employees on a shift, which requires a minimum of 32 spaces by ordinance. The applicant stated there are 44 total spaces, including 26 paved spaces and approximately 18 unmarked spaces on gravel. Ms. Bowers stated, based upon staff review, it appears that the spaces may not meet requirements as many are unmarked and the drive-aisles and setbacks do not appear to comply. Mr. Smith explained they will change to a larger loading door to allow trucks a wider radius for on-site maneuvering. He reported there are less than one truck a day unloading in this area. Also discussed was the need for cleaning up debris and items stored outside. Discussion followed on the parking problems and the addition of a roundabout in the area. There was further discussion on the debris on the property to cleanup. Mr. Smith said they will work on the clean up. . uCOl)11 Minutes Planning Commission - June 19, 2007 Page 3 . Ms. Bowers explained the as-buiit requirement. Mr. Smith explained the wet proofing of the area. Ms. Bowers commented on eliminating flood problems. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:10 p.m. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Currimbhoy, the motion carried unanimously. Ms. Otteson stated this item will be placed on the City Council consent agenda at their meeting held June 26, 2007 in the Council Chambers at 5:30 p.m. b) PRELIMINARY AND FINAL PLAT FOR HAHN'S ADDITION TO MARYVIEW, LOCATED AT 880 LAKEWOOD DRIVE SW.. SUBMITTED BY VERN HAHN Chairman Otteson opened the hearing at 6: 11 p.m. with the reading of publication #7592 as published in the Hutchinson Leader on Thursday, June 7, 2007. . Ms. Bowers commented on the request and the iocation of the plat. She commented on the history of the plat. She stated the three lots are one property. She explained the plat is a new lot created for a slngie family construction. She noted a kennel and fence must be moved off the new lot. This property is subject to the shoreland district requirements and the lot exceeds the requirements. She commented on the existing stormwater easement which has been recently recorded on the property. Staff reviewed and recommends approval with the following conditions: . 1. Construction on the property must comply with the shoreland district requirements and the standards of the R1 zoning district. No variances are granted or implied. 2. Moving or relocating services will be at property owner's expense. Separate services are required. 3. Park and playground dedication in the amount of $215 is required to be paid prior to issuance of building permit. 4. Payment for planting of two boulevard trees per lot at $200 per tree is required (total of $400) for the subdivision. As there will be no subdivision agreement prepared for this small plat, the fee will be collected with the building permit fees. The location of the trees shall be planted in the boulevard in a location determined by the City Forester. 5. SACfWAC (Sewer and Water Access Charge) in the amount of $2,950 is due at the time of building permit. 6. The existing City assessments (SA-294D) on the property shall be divided and paid as follows: a) 1/3 of the existing City assessments shall be paid prior to release of the final plat for the new one-lot plat, and b) 2/3 of the existing assessment will remain on 880 Lakewood Drive SW. (Lots 8 & 9, Maryview). 7. In the future, if work on the storm sewer pipe on the northerly property line of Lot 10 is needed, consideration should be given to (0(0\)1--1 . . . Minutes Planning Commission - June 19, 2007 Page 4 straightening out the storm sewer line and revising the easement accordingly. Discussion followed on the number of existing trees on the site. Mr. Flaata made a motion to close the hearing. Seconded by Mr. Haugen, the hearing closed at 6:19 p.rn. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Flaata, the motion carried unanimously. Ms. Otteson stated this item will be placed on the City Council consent agenda at their meeting held June 26, 2007 in the Council Chambers at 5:30 p.m. c) ZONING ORDINANCE AMENDMENT TO ADD SOLAR STRUCTURES AND WIND ENERGY CONVERSION SYSTEMS AS EXCEPTIONS TO HEIGHT LIMITATIONS Chairman Otteson opened the hearing at 6:20 p.m. with the reading of publication #7592 as published in the Hutchinson Leader on Thursday, June 7,2007. Ms. Bowers explained the technical addition to the zoning ordinance to clean up the code. She reported on the height of solar structures. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:22 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Lofdahl, the motion carried unanimously. . 5. NEW BUSINESS a) SCHEDULE SPECIAL PLANNING COMMISSION MEETING FOR SITE PLAN REVIEW FOR CUSTOMER ELATION CALL CENTER ON 5TH AVENUE S.E. Mr. Seppelt explained the request and the need for a special meeting. He stated the company will create 200 new jobs. He reported the timeline is tight with the building to be ready for occupancy in January, 2008. He stated he is looking at a meeting the week of July 4th for site plan review. Ms. Bowers stated the site plan review does not require a public hearing. Mr. Flaata, Mr. Lofdahl, Mr. Haugen and Mr. Currimbhoy are available for a meeting on Monday, July 2nd, 2007, at 5:30 p.m. Mr. Lofdahl will chair the meeting. Mr. Seppelt will hand deliver the packets on Friday, June 29, 2007. There will also be an email reminder. 6. OLD BUSINESS There was discussion regarding a decrease in water pressure on the North side of the City since the new Water plant began operation. It(o)-i . . . Minutes Planning Commission - June 19, 2007 Page 5 7. COMMUNICATION FROM STAFF a) UPDATE ON HIGHWAY 7 CORRIDOR STUDY Ms. Bowers commented on the study. She reported the advisory panel will meet on July 12, 2007. She stated we are approximately Y. of the way through plan. The Open House summary was distributed. 8. ADJOURNMENT There being no further business the meeting adjourned at 6:35 p.m. lolO\)~ c'rry OF II.lrrCHINSON co'[rNl" Q'F 'B{rlLI)ING/P'LU'MB1N:Gl~EClI.4.NICAL PE'R-l\fITS lSSU1:1) AND V A'LU'Al]ON ,:,.:~~~:~?' June .2007 .~~;~;4.'~':.~~:l.~~~~~~lf;'Jb;;I~4t~ No. of Permits 3 4 1 10 1 14 1 1 11 1 2 12 1 18 4 4 3 5 21 14 4 1 Accessory BId s Basement Finish Commercial- New Commercial Addition/Remodel Commercial Re-Roof Deck Driveway - Residential Egress Window Fence Garae - Detached ,M_anufactur.ed I-Iom~ Miscellaneous Porch- Residential Reshin Ie -'Residential Residential Addition/Repair/Remodel Reside - Residential Sin le Family Window Replac~ment - Residential Mechanical Plumbin Sigh Fire S rinklirt Valuation 5.~,OOO 612,000 11,000 600 17,0.00 11,000 7,000 54,000 386,000 214,350 3 ~960 TOT AL",PERMITS ISSlJEDAND V ALUA4"f.ION Lo C:~) :J . . . ,. RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY Resolution No. 13232 WHEREAS, the Hutchinson Police Services has accumulated various unclaimed items. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 2.70, Subdivision 2, Paragraph C for the appropriation and sale at auction of unclaimed property. AND WHEREAS, the unclaimed property, at the time of auction. will have been in the possession of the police services for more than sixty (60) days; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the Hutchinson City Council hereby approves the sale at auction of unclaimed items identified on "Attachment A" Adopted by the City Council this 10th day of July, 2007 Mayor City Administrator f.Q (''0") \ .. Attachment A . Page 1 07-0625 07 -0696 07-0721 07-0826 07-0839 07-0874 07-0896 07-0933 07-0955 07 -0950 07-0963 07-0985 07-0985 07-1028 cle 07-1057 07-1082 07-1133 07-1134 07-1147 . 07-1147 07-1150 07-1149 07-1157 06-1522 . LtJ(}O) \ . . . RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY Resolution No. 13233 WHEREAS, the Hutchinson Police Department has accumulated surplus property. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 2.70, Subdivision 3, Paragraph C for the sale at auction of surplus property. AND WHEREAS, the police department has determined that it is in possession of surplus property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. That the Hutchinson City Council hereby approves the sale at auction of surplus items identified on Attachment A. Adopted by the City Council this 10th day of July, 2007. Mayor City Administrator (Q {6 )2. ., . Attachment A . Page 1 Office Desk Office Chair . . Co [ b)2 . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer John Olson, Public Works RE: Consideration of Resolution Authorizing Mayor and City Administration to Enter into an Agreement with MN/DOT Aeronautics to Receive Federal Grant DATE: July 10, 2007 This resolution is required so Mn/DOT Aeronautics can act as the City's fiscal agent on behalf of FAA to receive and distribute funds from the Federal Grant on behalf of the City of Hutchinson. We recommend approval ofthe attached Resolution and Grant Agreement. cc: Gary Plotz, City Administrator lPC\oJ3 . . . RESOLUTION NO. 13234 AUTHORIZATION TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT FOR AIRPORT IMPROVEMENT EXCLUDING LAND ACQUISITION It is resolved by the City of Hutchinson as follows: 1) That the State of Minnesota Agreement No. 91425, "Grant Agreement for Airport Improvement Excluding Land Acquisition" for State Project No. 4304-22 at the Hutchinson Municipal Airport is accepted. 2) That the Mayor and City Administrator are authorized to execute this Agreement and any amendments on behalf of the City of Hutchinson. Adopted by the Hutchinson City Council this 10th day of July, 2007. Mayor: Steven W Cook City Administrator: Gary D Plotz lDLJa)3 Rev. #1, 7/06 MnlDOT Agreement No. 2!ill State Project No. 4304-22 . GRANT AGREEMENT FOR AIRPORT IMPROVEMENT EXCLUDING LAND ACQUISITION This Agreement is by and between !he Stale of Minnesola acting through its Commissioner of Transportation ("State"), and !he City of Hutchinson ("Recipient"). WHEREAS, Ihe Recipient desires !he financial assistance of !he State for an airport improvemenl project ("Project") as described in Article 2 below; and WHEREAS. !he Stale is authorized by Minnesota Statules Sections 360.015 (subdivisions 13 & 14) and 360.305 to provide financial assislance to eligible airport sponsors for the acquisition, construction, improvement, or mainlenance of airports and olher air navigation facilities; and WHEREAS, Ihe Recipient has provided !he Slate with !he plans, specifications, and a detailed description of !he airport improvemenl Project. NOW, THEREFORE, il is agreed as follows: This Agreemenl is effeclive upon execution by Ibe Recipient and Ibe State, and will remain in effect until .June 30,2009. The following table provides a descriplion of Ibe Project and shows a CoSI participation breakdown for each item of work: Item Descrintion Update Airport Layout Plan . Federal Share 95% 0% 0% 0% 0% State Share 0% 0% 0% 0% 0% Loca] Share ]00% 0% 0% 0% 0% The Projecl costs will not exceed $30,000.00. The proportionale shares of !he Project costs are: Federal: $28.500.00, State: $0.00, and Recipienl: $1.500.00. Federa] funds for Ihe Project will be received and disbursed by !he State. In Ibe event federal reimbursement becomes available or is increased for Ihis Project, the Slale will be entilled 10 recover from such federal funds an amount not 10 exceed the slate funds advanced for Ibis Project. No funds are committed under this Agreement until !hey are encumbered by Ibe Stale. No more. than 95% of Ibe amount due under this Agreemenl will be paid by the State until the State determines that the Recipient has complied with all terms of this Agreemenl, and furnished aJl necessary records. The Recipienl will designate a registered engineer (the "Project Engineer") to oversee the Project work. If, with Ihe Stale's approval. the Recipient elects not to have such services performed by a registered engineer. then the Recipient will designate anolher responsible person 10 oversee such work, and any references herein to the "Project Engineer" will apply to such responsible person. The Recipient will complele the Project in accordance with Ihe plans, specifications, and detailed description of !he Projecl, which are on file with the State's Office of Aeronautics and are incorporated into this Agreement by reference. Any changes in the plans or specifications of the ProjecI after Ihe dale of this Agreement will be valid only if made by written change order signed by Ihe Recipient, the Project Engineer, and the conlractor. Change orders musl be submitted to Ibe State. Subject to Ihe availability of funds !he Slate may prepare an amendment to this Agreement to reimburse the Recipient for tbe allowable costs of qualifying change orders. The Recipient will make paymenls to its contractor on a work-progress basis. The Recipient will submil requests for reimbursement of certified COSIS 10 the State on stale-approved forms. The State will reimburse the Recipient for the stale and federal shares of the approved Project cosls. . At regular intervals, the Recipient or the Project Engineer will prepare a partial estimate in accordance wilb the terms of Ihe contract, special provisions, and standard specifications for the Project(s). Partial estimates must be completed no later than Page 1 of4 Loeb); a minimum of six years after the expiration of this Agreement. The Recipient will save, defend, and hold the Stale harmless from any claims, liabilities, or damages including, but not limited to, its costs and attorneys' fees arising out of the Project which is the subject of this Agreement. TaciPient will not utilize any state or federal financial assistance received pursuant to Ihis Agreement to compensate, either directly or indirectly, any contraclor, corporalion, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevenl the Recipient from utilizing these funds to pay any party who might be disqualified or debarredafier the Recipient's contract award on this Project. All contracts for malerials, supplies, or construclion performed under this Agreemenl will comply with the equal employment opportunity requirements of Minnesota Stalutes Section 181.59. The amount of Ibis Agreement is limiled to Ibe dollar amounts as defined in Article 3 above. Any costs incurred above the amount obligated by Ibe State is done withoul any guarantee that these costs will be reimbursed in any way. A change to this Agreement will be effective only if it is reduced to writing and is executed by the same parties who executed this Agreement, or their successors in office. For projects that include consultanl services, the Recipient and its consultant will conduct the services in accordance with the work plan indicated in the Recipient's contract for consultant services, which shall be on file with the Slate's Office of Aeronautics. The work plan is incorporaled into this Agreemenl by reference. The Recipient will confer on a regular basis with the State to coordinate Ibe design and development of the services. The parties must comply wilb the Minnesota Government Data Practices Act, as it relates 10 all data provided to or by a party pursuant 10 Ibis Agreemenl. Minnesota law, without regard to its choice-of-Iaw provisions. governs this Agreement. Venue for all legal proceedings arising out of Ihis Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. ). "EA-ojects including federal funding, the Recipient must comply wilh applicable regulations, including, bul nOllimited 10, Title !~de of Federal Regulalions, subchapler I, part!5!; and Minnesota Rules Chapter 8800. For all projects, the Recipient must comply, and require its contractors and consultanls 10 comply, with all federal and state laws, rules, and regulations applicable 10 the work. The Recipienl must advertise, let, and award any contracts for the project in accordance with applicable laws. The State may withhold payment for services performed in violation of applicable laws. !. Under this Agreement, the Slate is only responsible for receiving and disbursing federal and state funds. Nothing in this Agreemenl will be construed to make the Stale a principal, co-principal, partner, or joinl venturer with respect to the Project(s) covered herein. The State may provide technical advice and assistance as requested by the Recipient, however, the Recipient will remain responsible for providing direction to its contractors and consultants and for administering its contracts with such entities. The Recipienl's consultanls and contractors are not intended 10 be third party beneficiaries of this Agreement. . Page 3 of 4 UJ LIp)3 . ~31.31 (A) ORDINANCE NO. 07-0464 AN ORDINANCE ESTABLlSffiNG PUBLIC ARTS COMMISSION PUBLIC ARTS COMMISSION. Establishment. (I) A Public Arts Connnission is hereby established. (B) Purpose. e(C) . The purpose of the Public Arts Connnission shall include but not be limited to: (I) Establishing standards and guidelines for donations of public art to the City of Hutchinson; (2) Establishing the procedure for the maintenance of gifts of public art; (3) Evaluating funding sources, including public funding, for arts projects; (3) Determining the process of accepting or declining gifts of public art; (4) Establishing guidelines for the branding, naming and placard placement on gifts of public art; and (5) Ensuring that obsolete gifts of public art are properly disposed of; (6) Providing forums to discuss public arts and/or architecture influences of projects. Composition. (1) The Commission shall be composed of five members, four of whom shall serve staggered three-vear terms and one of whom shall be a member of the City Council. The Cemmissiell shall se aekle fer a periea "f I g mBflths. Commission members shall be appointed bv the Mavor with Council approval. The Director of Planning/Zoning/Building and the Director of Parks/RecreationlCommunity Education and the Direeter "fEeonomie Develepmellt i\utherit)' shall be ex-officio members. (D) Duties. (1) The Public Arts Commission shall act in an advisory capacity to the City Council for the City and shall make recommendations to the City Council on issues regarding public art within the city limits. (2) The Public Arts Commission may develop and implement policies and procedures. as necessary. to meet the purpose and obiectives of the Commission. Adopted by the City Council this 10th day of July, 2007. ATTEST: Mayor Steven W. Cook Gary D. Plotz, City Administrator ltiOp )\, . . . ORDINANCE NO. 07- 0465 AN ORDINANCE AMENDING CHAPER 154 (ZONING) OF THE HUTCHINSON CITY CODE TO AMEND SECTION 154.022 TO ADD WIND ENERGY CONVERSION SYSTEMS AND SOLAR STRUCTURES AS EXCEPTIONS TO HEIGHT LIMITATIONS TIlE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: 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 Section 154.022 of the City Code to add wind energy conversion systems and solar structures as exceptions to height limitations, as follows: ~ 154.022 EXCEPTIONS TO HEIGHT LIMITATIONS. The height limitations stipulated in this chapter shall not apply to the following: (A) Essential service structures, architectural features and the like. Church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, chinmeys, smoke stacks, flag poles, radio and television towers, wind enerl!V conversion svstems. solar structures, masts and aerials and parapet walls extending not more than four feet above the limiting height of the building; (B) Places of public assembly. Places of public assembly in churches, schools and other permitted public and semi-public buildings; provided that they are located on the first floor of those buildings; provided that for each two feet by which the height of the building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district; and further provided that the Planning Commission shall find that the additional height will not be materially detrimental to surrounding property; or (C) Elevator penthouses and the like. Elevator penthouses (elevator machinery loft), monitors and scenery lofts, provided no linear dimension of any structure of this type exceeds 50% of the corresponding street lot line frontage. Fire towers, hose towers, cooling towers, grain elevators, industrial process towers, gas holders or other structures, where a manufacturing process requires a greater height, shall be excepted. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this lOth day of July, 2007. Attest: Gary D. Plotz City Administrator Steven W. Cook Mayor l2 LloJ 5 . . . RESOLUTION NO. 13236 RESOLUTION APPROVING A SITE PLAN SUBMITTED BY HUTCHINSON EDA FOR CONSTRUCTION OF A CALL CENTER AT 1150 - 5TH AVENUE S.E. Whereas, Hutchinson EDA, has requested approval of a site plan to construct a call center located at IISO-S'h Avenue S.B. with the following legal description: Legal Description: Lot 2, Block 2, Hutchinson Fifth Avenue Industrial Park Whereas, the Planning Commission met on July 2, 2007, on the request and considered the requirements of the Zoning Ordinance, effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the site plan, subject to the following findings and conditions: 1. The proposed building and site improvements would comply with the standards of the I-I district and the zoning ordinance, subject to the conditions stated. 2. Information on stormwater calculations and stormwater outfall is required. Review and approval by the City Engineer will be required prior to construction. Planting of native grasses around the pond is recommended. 3. Approvals by the County and township are required for stormwater drainage into the County ditch. 4. A truck turnaround or right out access for trucks exiting from the truck dock onto Arch Street appears to be necessary to allow adequate maneuvering from the loading dock. Final plans are subject to City Engineers review and approval. S. Future development of the westerly parcel must access Sth A venue at the current Arch Street location, which will provide the second access for expansion of the building. No additional access onto Sth Avenue is permitted. 6. NPDES permit is required and additional detail is required for erosion control. Plans must be reviewed and approved by the City Engineer. 7. Plans shall be revised to provide the required handicapped parking spaces. 8. Plans shall be revised to show parking stall and drive aisle dimensions to comply with zoning ordinance requiTements. 9. All signage shall meet ordinance requirements. Sign permits are required prior to installation of the signage. 10. Exterior lighting must be indirect and shall not cause glare to adjacent properties. II. SACIW AC fee in the amount of $23,600 (8 units x $2,9S0) will be due at the time of building permit. 12. The final landscaping plan shall be submitted to and approved by the City Forester. A berm and landscaped buffer screen shall be planted along the southern property line to provide screening from the property to the south. Tree plantings shall be completed before July 2008. Adopted by the City Council this loth day of July, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor lo( 0 ') MEMORANDUM . DATE: July 3, 2007, for the July 10, 2007 City Council meeting TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: SITE PLAN FOR CUSTOMER ELATION CALL CENTER Reauest: The EDA has submitted a site plan for construction of a building to be leased to Customer Elation for a call center. Proposed improvements on the site include construction of a 22,200-square foot building, a parking lot, and landscaping. The site would be entered through a new access drive from 5th Avenue. A one stop shop was held on June 27, 2007, to review the proposed development. Refer to the attached Planning Commission staff report for additional details. Plannina Commission Meetina: The Planning Commission considered the site plan at a special meeting held July 2, 2007. There were no residents who commented on the request. Miles Seppelt, EDA Director, provided background and discussed operations of the call center. . Ms. Bowers noted several changes from the staff report dated July 2,2007. She explained a truck turnaround or right out access for trucks exiting from the truck dock onto Arch Street appears to be necessary to allow adequate maneuvering from the loading dock. The north half of Arch Street was annexed into the City with the Wetherall property annexation. Staff noted concerns of the neighboring property owner to the south regarding truck traffic onto Arch Street and the possible damage to the road with trucks using the road. The access width onto 5th Avenue will be increased to 30 feet. Staff stated that the property owner to the south wants a landscaped buffer arid berm to provide screening, however understands that smaller trees may be planted due to cost. The final landscaping plan shall be submitted and approved by the City Forester. The Planning Commissioners asked about parking needed and the actual number of employees at the call center. They discussed size of the parking spaces and the drive aisles. Mr. Reisnour, architect for the project, explained the spaces will be 9 feet in width. Mr. Seppelt explained the overlapping shifts and commented on the parking needed. The Planning Commissioners also discussed the accesses from the Warrior Mfg. property to the north. After discussing the proposal, the Commission unanimously recommended approval, subject to the conditions stated. . Recommendation: The Planning Commission unanimously recommends approval of the Site Plan with the recommendations and conditions stated in the attached resolution. Iytv') _ . 1":' ~ ~ -. _ _'" _ ,... _ _' ~ _ r...... ...~, _'" ,- _... _ _ _ "'.A oil. ~,........-~~~-':tiI'~'D-~;'" ~._ ......,4!. _"'~ _ _ _ _'''' _ r ~. ~,~ _ .. _ ....~ .... _ 1:0:.1 ..I' ~,"".#.:M..~,I''':'';I::'i~'kf:.~ ~ ~ .Jr.1. _ _:.: DIRECTORS REPORT - PLANNING DEPARTMENT _ _""':. _ .-.. r __ ..... _"J- _ _ __ _ _..J'. oJ ~~.....,.>:- po ...-1.. ....J-. __ .....~.... rI' ~ _ "~~~'-' ~ _, -0_ _ "jl To: Hutchinson Planning Commission From: Planning Staff. M'embers in attendance at One Stop S'hop: Jim. Popp, Lenny Rutledge) JobnWebster~ Dave Hunstad, John Olson, John Paulson, Shan G'himire, Rebecca Bowers, Miles Seppelt and Bonnie Baumetz Date: June 28,2007, for July' 2, 2007 Specia.lPlalllli,.g COlnmission Meetillg Subject: Site Plan for Construction, of a Call. Center at 1150 5th A,ve'lI S.E. Applicants Hutchinson EcoDomicDevelopment Autboril)r (EDA) SITEP'LAN TheEDA "has submitted a site plan for construction o.fa building to be leased to Customer Elation for a ca]] center A Proposed improvements on the site include construction of a 22,200... square foot building, a parking lot~ and landscaping. The site \vould be entered through a new ac.cess drive from 5th Avenue.. A one stop shop was held on June 27, 2007, to re,'ie\v the proposed, development Location Map: , f · I r ,~ I I , ... - . . . Site Plan EDA -1150 5th Ave. S.E. Planning Commission- July 2, 2007 Page 2 SPECIFIC INFORMATION Existing Zoning: 1-1 (Light Industrial) 1150 5th Ave. S.E. Property Location: Lot Size: 3.87 acres Existing Land Use: Vacant/Agricultural Adjacent Land Use And Zoning: Industrial to the north and west; out of City limits agricultural to the east; agricultural and residential out of city limits to south. Comprehensive Land Use Plan: Industrial Zoning History: The property was annexed to the City in December, 2003 with an R- lzoning designation. The City Council rezoned the property to I-Ion Apri113, 2004. The Hutchinson Fifth Avenue Industrial Park preliminary plat was approved by CC on May 24, 2004. There was a reconfirmation ofthe preliminary plat and final plat approved by the CC on July 26, 2005. Applicable Regulations: Section 154.167 and 154.069 (City Code) Building: The proposed building would be an approximately 22,200 square foot one-story structure. The exterior of the building would be a combination of prefinished metal panels, texture-cote panels (stucco-like appearance), with windows on four sides, an aluminum store front entrance and a metal roof. The building would be approximately 16 feet high to the eaves. Setbacks: The proposed placement of the building is to allow future expansion on the property to the west, which is owned by the EDA. The proposed building setbacks and requirements for the 1-1 district are identified below. The plans would comply with the building setbacks as follows: Required Proposed Structure Setback Structure Setback Street Right of Way 30 feet 30 feet (north) Interior Lot Line 20 feet 212 feet (east) 156 feet (south) 20 feet (west) wee- ') . . . Site Plan EDA-1l50 5th Ave. S.E. Planning Commission- July 2, 2007 Page 3 Access and Parking: The site and parking area would be accessed through a drive from 5th Avenue. A secondary access is shown on the southerly end of the site onto Arch Street, however the City Engineer has not approved this access due to concerns over the condition and maintenance of unpaved Arch Street. A condition has been added to remove the access and coordinate future development on the site to provide a secondary access in the future with building expansion. A call center has parking characteristics similar to both office and manufacturing uses. The use may also have a higher number of employees requiring additional parking beyond that specified by the zoning ordinance. The ordinance requires 4 spaces per 1,000 square feet for office uses or for manufacturing uses 1 per employee on the main shift or 2 per 1,000 square feet. Based upon a gross building area of 22,200 square feet, 89 parking spaces would be required using the office calculation. The applicant proposes construction of an initia1118 spaces with a designated future parking area with 70 spaces for expansion. The City Engineer has recommended the applicant consider using turf reinforced grid for overflow parking rather than paving until it is determined that the additional parking area is necessary to reduce the amount of pavement. The proposed parking area and drive aisles would meet the required 20 foot setback to the right of way. The plans supplied do not indicate dimensions for parking stalls or drive aisles, however must comply with ordinance requirements. A loading dock is proposed at the southwest corner of the site. With the elimination of the secondary access onto Arch Street, truck maneuvering may be challenging on the site until the additional parking is constructed. A truck turnaround may be necessary to allow adequate maneuvering. Final plans are subject to City Engineers review and approval. Landscaping: The applicant does not have a final landscape plan, however has provided a preliminary plan. Staff is recommending that a berm and landscaped buffer screen be planted along the southern property line to provide screening from the property to the south. Although the property to the south is out of City limits and is guided for future industrial use, a landscaped buffer between the residential property would help reduce future land use conflicts. The final plat resolution for the property identified that the trees required for the plat would be planted with the site plan. The final landscaping plan will need to be reviewed and approved by the City FOrester. Lighting and Sign age: The plans do not identify any lighting or signage at this time. Sign permits will be required prior to installation ofthe signage and must meet ordinance requirements. Lighting installed must be indirect and shall not produce glare on adjacent properties or public right of ways. Stormwater Management: The plans identify a stormwater pond at the southern end of the parcel. Additional information on stormwater calculations and stormwater outfall is needed. Planting of native grasses around the pond is recommended. The plans are subject to the City Engineer's review and approval and plan revisions will be necessary before construction is permitted. Approvals by the County and township will also be required due to the drainage into the County ditch. Co L-c/ ) . . . Site Plan EDA -1150 5th Ave. S.E. Planning Commission- July 2, 2007 Page 4 Analysis and Recommendation: A "One-Stop Shop" was held on June 27, 2007, to review the site plan and provide feedback to the applicant (notes attached). There are remaining Engineering issues to be addressed, including stormwater calculations and information on the stormwater outfall that must be reviewed and approved by the City Engineer before construction. The proposed improvements appear to met zoning ordinance requirements, subject to the conditions stated. Staff recommends approval of the site plan subject to the following findings and recommended conditions: 1. The proposed building and site improvements would comply with the standards of the 1-1 district and the zoning ordinance, subject to the conditions stated. 2. Information on stormwater calculations and stormwater outfall is required. Review and approval by the City Engineer will be required prior to construction. Planting of native grasses around the pond is recommended. 3. Approvals by the County and township are required for stormwater drainage into the County ditch. 4. The secondary access onto Arch Street shall be removed. Future development shall be coordinated to provide a second access for expansion of the building. 5. The proposed access onto 5th Avenue should be increased to 30' wide to allow adequate turning radius for trucks. 6. NPDES permit is required and additional detail is required for erosion control. Plans must be reviewed and approved by the City Engineer. 7. Plans shall be revised to show parking stall and drive aisle dimensions to comply with zoning ordinance requirements. 8. Plans shall be revised to provide the required handicapped parking spaces. 9. All signage shall meet ordinance requirements. Sign permits are required prior to installation of the signage. 10. Exterior lighting must be indirect and shall not cause glare to adjacent properties. 11. SAC/WAC fee in the amount of $23,600 (8 units x $2,950) will be due at the time of building permit. 12. The final landscaping plan shall be submitted to and approved by the City Forester. A berm and landscaped buffer screen shall be planted along the southern property line to provide screening from the property to the south. Tree plantings shall be completed before July 2008. La LC~ Site Plan EDA -1150 5th Ave. 'S..E. Planning Commission- July.2,2007 Page 5 . . Vie\vfrom Arch Street looking north toward Warrior Co ( [~) Site Plan EDA-1150 5th Ave. S.E. Planning Commission- July 2, 2007 Page 6 View of Arch Street looking west toward residential propertr Lc (L ~) ., ~i 'I. ~; <;; "- U (glW~'if@Iij~~ ~Ib~ 'if~@INl. ~@@1I (g~1b1b (g~INl'if~~ Ib@'if ~,~Ib@(g~ ~ @[f IXIlW'if(gIXl~INl~@1Nl ~'ii1Xl ~ VI~. ~1NllQ)lW~'ii~~~[\" [?) ~~~ 1XIl\JJ'if(gIXl~INl~@INl, 1ij~1Nl1Nl~~@'if ~ . Analysis Abbreviations . ~ " ~, I " C[Hl[""~ ._, OCCIIE! 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I I', t~ , .ill ~H ;"1 ff!l} -I~"j . ~ ~ ~ ~ W o o z ~ z ~ ~ ~ ~ D D ~ ~ m'-.' ~, A-1 . 2 : . . . . . . . --------- ltJllllt-(Ul( ,"'"U WEST Ell::VATION KlI.u"/.,..... TUTIIIi-tllll .-. ,\JOt..... - ~- 9 NORTH ELEVATlnN '''u, ......'.... [p) [R1 ~ [!J[ij ~ ~ ~ [fJ W 1 7 EAST EI EVATlON "....'>(.,..... liI ~~~ ...kNl..... 11(10['''''' ,.~ 25 SOUTH ELEVATION ""....0.(.,'.... \8650-6699 656I\e65lA~.ogn 6/26/2007 4: ~,U8 PI-! 6' 0> 0- i jl iH ~ IJ ~ 11 J . I -I ~.. ...~I l'ii~ il~;l !i~i~ I I'll Ill! ~ ,!..! III II! b :l! 1:1 li~l -1-') ~ z o ~ c > w ~ w ~ o ~ w ~ x w m . . . Short Term~. Lii<quor Fee.~ 111 Hassan Street Southeast Hutchinson, MN 55350 (320) S87.S1S1IFax: (320) 234-4240 City of Hutchinson APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE - ON SALE In provisions of the City of Hutchinsou Municipal Code Chapter 112 All applications must be received at least 10 davs before City Council Meeting in order to be considered A /<L2.. .1;;c; - <;;8'1-- ;;l~77 Phone Number /f1!{ IkU,f&,.., City State sS-~ 1:.1 Zip :r 3~o-<::;!f7- "t?C"24,,r,e. Phone Number /6;;>0 1i?1i/~~ 'Ci ,,:s-3,~ Zi !!Iff State 'rps,deJ T)1f e {/res,'deK-f Title ftC-f. Title I I ""Lfond::; - e/' <!prI'I- Location of Sales ff~ (!~/14r'f 4e/l'C.z Jluklif~56/l , lII'!s S~350 , f ~C-r~{ /<::;--/'7 Do (s) of Sales /J1ilf ft+d hit:..- Contact Person -;;Jo 07 _rf Checklisl The following ilems need to be compleled andlor attached in order for the applicalion 10 be processed: ono es 0 no The above lisled business hereby applies for a license 10 sell short-Ienn 3.2 MALT LIQUOR for consumplion "ON" Ihose certain premises in Ihe Cily of HUlchinson described above and 10 Ihat end represenls and state as follows: ThaI said applicant is a cilizen of the Uniled Slates; of good moral characler and repule; and has attained the age of21 years; that helshe is proprietor oflhis establishmenl for which the license will be issued if this application is granted. That no manufaclurer of such non-inloxicating malt liquors has any ownership, in whole or in part, in said business of said applicant or any interesllherein. IoCJ~ City of Hutchinson Applicationfor ShortTerm 3.2 Malt Liquor License - On-Sale Page 20f2 . ThaI said applicant makes Ihis application pursuant and subjecI to all the laws of the State of Minnesota and the ordinances and regulations of said Cily of Hulchinson applicable thereto, which are herehy made a part hereof, and hereby agrees to observe and obey Ihe same. Each Applicant further slates that he/she is nol now Ihe holder of, nor has he/she made application for, nor does he inlend to make applicalion for a Federal Retail Dealer's Special lax slamp for the sale of intoxicating liquor. I declare that the informalion I have provided on this applicalion is truthful, and I authorize the Cily ofHulchinson to invesligate the information submitted. ~ f?:L ~ ~ Signature of. orized applicant M .5 ;;20 C' 7 , Date Police Chief Recommendation o approved 0 denied Noles: . . Police Chief Sifmature Dale . . lor ~ ) . ~d.. ~ - ;}1-D7 ~ . ~\~.\~ III Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151IFax: (320) 234-4240 Short Term 3.2 Malt Liquor Fee: $100.00 City of Hutchinson APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE - ON SALE In provisions ofthe City of Hutchinson Municipal Code Chapter 112 All applications must be received at least 10 davs before City Council Meeting in order to be considered A etJ f-ItlTClf INSXJA/ ,,11JV City State <oScJ Phone Number .c.s- Zip ~M f7ful- Applicant Name tjlOtJ 1-, A- K l:: Sf ,SW Applicant Address 3;t?~7-G>bCJ7 Phone Number !It.trt'Tf I /1/ ,~" N/ /11 /i/ ciiv State S5 3SCJ ZiD . LA) / Lt.-fI'r/Y1 Name Title Name 3.2 Malt Li uor Sales Information f./fr}(J LA-A' E Sf - S Location of Sales HilrCffINSd 11/1 /Y)N SS" 3SC? . Address Title Checklist The following ilems need 10 be completed and/or attached in order for the applicalion to be processed: Applicalion fee paid in full (check or money order): CI yes CI no Application completed in full and si~ned bv aoolicant: CI ves CI no The above lisled business hereby applies for a license 10 sell short-term 3.2 MALT LIQUOR for consumption "ON" Ihose certain premises in Ihe City of Hulchinson described above and 10 Ihat end represents and slate as follows: . ThaI said applicant is a cilizen oflhe United States; of good moral character and repute; and has attained Ihe age of21 years; that helshe is proprietor of this establishment for which Ihe license will be issued if this applicalion is granted. That no manufacturer of such non-intoxicaling malt liquors has any ownership, in whole or in part, in said business of said applicant or any interesllherein. ([l(e) . . . . City of Hutchinson ApplicalionforShortTerm 3.2 Ma/J Liquor License - On-Sale Page 20f2 That said applicant makes Ihis application pursuant and subjecllo all the laws of the Stale of Minnesota and Ihe ordinances and regulalions of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and hereby agrees to observe and obey the same. Each Applicant further states Ihat he/she is nol now the holder of, nor has he/she made application for, nor does he intend to make application for a Federal Retail Dealer's Special lax slamp for Ihe sale of inloxicating liquor. I declare thaI the informalion I have provided on this application is truthful, and I authorize the City of Hutchinson 10 investigate the infonna . n submitted. .1 )<> Date rr(--- ~ ~ /1- c '7 Police Chief Recommendation CI approved CI denied Notes: Police ChiefSil!:nature Date wee) pd, v ~ ;}i-07 C~Of. ~ . 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587.5151IFax: (320) 234.4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered A o Full Year January 1 - December 31, Fee: $100.00 Year 7' Short Term Dale(s) ()Q-o'1-07- oq-09-07Fee: Month/Day/Year - Month/Day/Year $25.00 . OraniiationInfdr,nation ;;if. ,tNf'r3 r;}@"IA- r-HoL/C' rfl..<..! t<:-Mf Name L/(a:) L~ '=- ~ j , S W !fr;nW //VWI\/ 41/11 Address where regular meeting are held City State Day and lime of meelings? l/ 17f rC/b<;i,. 6te1f IJ:bNl# 7' 0 () ~IYJ Is Ihis organizalion organized under the laws of the Slale of Minnesota? t;l(yes 0 no How long has Ihe organizalion been in existence? / ;J--;;;' How may members in the organization? .IJ ' What is the purpose oflhe organization? K bl.-I01ClM - F:JJu(i /'rTIO IV In whose custody will organization recordsbe kept? Lo fU7/fU1- tfrbcJ LN(,6 Sf. SW Address ;3;.;o-S'g7-tbSV7 Phone Number ~ Name '3.;t::l...s6 7-& ..f;c::'7 Phone Number !:If ~rC/t /IV.sc A{ City M#' State ..s-S' 3 SO Zip Dul J(J / it ~L- True Name I? 0 f:; Av f}:. St{j Residence Address 3,;;k::?- -s-g>7- (p.s;-O 7 Phone Number ;J?lrC/i-//V&:lM ;Jw City State Place of Birth: V~W(JolJ City ~no ~~d Zip "Month/day Have you ever been convicted of any crime olher !han a Iraffic offense? 3,,0 Date of Birlh: State Dyes 'If yes, explain: . vC-0) City of Hutchinson Applicarionfor Bingo Gambling Devices license Page 2 of3 . i- 300- s%'i-w67Y7 True Name Plwne Number 'lIs (:;t2..IftfM1 ~f- - f/u1L.li 1/t&:I/V' I1W G'.s-:5rzJ Residence Address City Slate Zip Dale of Birth: Place of Birth: Sf. P/}.(.fL-. /J1N Month/day/year City Slale Have you ever been convicted of any crime other than a traffic offense? 0 yes )tno If yes, explain: How long have you been a member of the organization? Location # 1 () St, A-MA-~:i4-S JIj \" A-n-/OL.-/(J g,IfUIC.-(!ff Name of localion where game will be played Phone Number Lf~o LA-Kf:- Sf. SU0 !hrcH/Nfr;1/V1 /J1IV cs:b b Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: 09-<J'1-0 7 Ihrough 0 '1-0 '7-07 . @Y AM J;: QQ PM To .!;;.' ()() ~ 23cJ-~tbSZ)7 . Hours of !he day gambling devices will be used: Maximum number of player: 'Z, Will prizes be paid in money or merchandise? )l( money 0 merchandise Will refreshments be served during Ihe time the gambling devices will be used? If es, will a char e be made for such refreshments? es 0 no Gatnelnformatioi> Location #2 From tl(yes Ono Phone Number Address of location where game will be pi Date(s) andlor day(s) gambling devices will be used' City State Zip through AM PM To AM PM Maximum number of player: Will prizes be paid in m y or merchandise? 0 money 0 merchandise Will refreshments be served during Ihe time the gambling devices will be used? 0 yes 0 no If es, will a char e be made for such refreshments? 0 es 0 no / ()I It . _5 Name KO;Z;A-VE.St0 Residence Address 12- roR. , Title !larC/f II/wAIt /JJ /1/ City Slate S-~3 Zip . Name Title Residence Address City State Zip lJlf-) . . . City of HUTchinson Applicarionfor Bingo Gambling Devices license Page 3 of3 Name Title State Zi Residence Address City Officers or Other Persons Paid for Services Information (Vnecessarv, list additional names on selJarate~heet) Title Name Zip City State Residence Address Title Name State Zip City Residence Address Name Title Zip City State Residence Address Have you (Gambling Manager and AUlhorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in Cily of Hutchinson Ordinance 114.20 and Minnesola Statutes Chapter 349)? Gambling Manager J(yes 0 no X;;t L/'rT~ Aulhorized Officer 0 yes 0 no Initial Initial I declare thatlhe information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information suhmined. Also, I have received from the Cily of Hutchinson a copy of the City Ordinance No. 114.20 relating 10 gambling and I will familiarize myself with the contents thereof. x ~~z/- l' 7 Date ~-~ Signature of gambling manager of organization If-~o-,j 7 Date Internal Use Only . City Council 0 approved 0 denied Notes: . lo(-f; . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration ofImprovement Project Change Orders Letting No. lIProject No. 06-01 - TH 7/15/22 Reconstruction - Change Order No.1 DATE: July 10, 2007 Numerous minor to moderate construction changes were identified over the last construction season. This Change Order will account for the summation of these construction cost decreases and increases. cc: Gary Plotz, City Administrator lo C'Q) C S McCrossan Construction Inc 7865 Jefferson Hwy Maple Grove MN 55369 Phone: (763) 425-4167 Fax: (763) 425-0520 Project Location: TH 7t15/22 Reconstruction DESCRIPTION OF CHANGE: This change order addresses numerous minor to moderate construction changes identified over the las construction season and will account for the summation of these construction decreases and increases. 1[:]1 Quanti~ II Unit Price I LS 1 $6,847.65 LS 1 $0.00 LS 1 $0.00 =* 15 Water Service Firemans Park LS 1 $3,634.70 16 Watermain/Sanitary Sewer/Hydrant LS 1 $9,152.02 17 Special SurfaceFinish LS 1 $0.00 18 Temporary Chain link Fence LS 1 $0.00. 19 Artesian Well LS 1 $0.00 20 Sleel Casing Return LS 1 $5,989.78 21 Retaining Wall A Design/Hutch Manufacturing Driveway LS 1 $3,899.73 22 Lower Sanitary Manhole/Adjust Water Service LS 1 $5,367.33 23 Design Change 7 Storm Sewer Outlet East Side of Bridge LS 1 $6,535.00 24 Retaining Wall Modifications LS 1 $0.00 25 Light Base/Banner Pole/Picnic Table LS 1 $3.736.00 INET INCREASE ----------.------.-------------------------------------------------- II In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $101,015.99 (add)l(dedllGtl. An extension of -0- days shall be allowed for completion. The original completion date shall not be changed. CITY OF HUTCHINSON. ENGINEERING DEPARTMENT 111 HASSANST SE, ~UTCHINSON MN 55350 (320l2~4-4209 CHANGE ORDER NO.1' . Sheet 1 of 1 C&CTOR: 1 Project No. Letting No. GEJDI Order No. Spec. Ref. Item Name 1 2 Adams Street Widening 3 Sign Relocation Bluff Street Electric Line Conflict Watermain Change/Hydrant Change/Reverse Osmosis Removal LS LS LS LS LS $23,336.21 $0.00 $1,820.00 $18,846.85 $0.00 $11,850.72 $0.00 $0.00 $0.00 $0.00 $0.00 4 5 6 7 8 9 10 11 12 Retaining Wall DIE Change Temporary DetourfTruck Detour Watermain /Wall D Conflict Wall A Steel/Green Treated Lumber Retaining Wall D Mobilization/Chimney Seals Tree Removal on Wall E Tile Connect to Structure Biuff Street Masl Arm LS LS LS LS LS Rose Lane Sanitary Sewer Irrigation System Repair LS ORIGINAL CONTRACT AMOUNT $4,211,770.55 ~PPROVED: PREVIOUS ADDITIONS/DEDUCTIONS THIS ADDITIONlg"gUCTION $0.00 $101,015.99 APPROVED: AD: Contractor 07110/2007 DATED: APPROVED: Mayor 07/1012007 "PPROVED: DATED: Director of Engineering 07/10/2007 DATED: City Administrator 07/10/2007 " . ~ ~ ., , 06-01 Amount $6,847.65 $0.00 $0.00 $23.336.21 $0.00 $1,820.00 $18,846.85 $0.00 $11,850.72 $0.00 $0.00 $0.00 $0.00 $0.00 $3,634.70 $9,152.02 $0.00 $0.00 $O~OO $5,989.78 $3.899.73 $5,367.33 $6,535.00 $0.00 $3,736.00 $101,015.991 TOTAL $4,312,786.54 U{'J) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer John Olson, Public Works RE: Consideration of Award of Contract for 2007 Neighborhood Maintenance Milling and Bituminous Patching Project (Letting No. 5A/Project No. 07-05A) DATE: July 10,2007 The City of Hutchinson solicited four vendors for this work. Two quotations were received. Wm. Mueller & Sons Inc of Hamburg, MN had the lowest quotation at $148 per ton. The contract shall not exceed $45.00. We recommend approval of the attached Resolution and Contract with Wm Mueller & Sons, Inc. cc: Gary Plotz, City Administrator Co lh ') . . . RESOLUTION NO. 13237 RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT LETTING NO. 5A PROJECT NO. 07-05A Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the following improvement: 2007 Neighborhood Maintenance Milling and Bituminous Patching Project quotes were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Wm Mueller & Sons Inc of Hamburg MN Duininck Bros Inc of Prinsburg MN Amount Bid $148 per Ton $220 per Ton and whereas, it appears that Wm Mueller & Sons Inc of Hamburg MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Wm Mueller & Sons Inc of Hamburg MN in the amount of $148 perTon (not to exceed $45,000.00) in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 10th day of July 2007. Mayor City Administrator It>Cn) ~ CITY OF HUTCHINSON . RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Bituminous milling & $45,000 Street maintenance Street Yes Wm Mueller & Sons patching Bid 2007 $148/ton See memo bonding . following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR .otion Made By: Seconded By: Resolution submitted for Council action Kenneth B. Merrill by: Finance Director Date Approved: July 10, 2007 lQ 0<') . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of State of Minnesota Grant Agreement for Hutchinson Dam Replacement Project (Letting No. 2/Project No. 07-02) DATE: July 10,2007 This agreement is required for the Minnesota Department of Natural Resources to allocate the $475,000 of dedicated funding to the Hutchinson Dam Replacement Project. I recommend approval ofthe attached Grant Agreement and Resolution. cc: Gary Plotz, City Administrator Lo (, ) . . . RESOLUTION NO. 13238 AUTHORIZATION TO EXECUTE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES GRANT AGREEMENT FOR HUTCHINSON DAM REPLACEMENT PROJECT (L2/P07-()2) It is resolved by the City of Hutchinson as follows: 1) That the State of Minnesota Department of Natural Resources, "Grant Agreement Hutchinson Dam" is accepted. 2) That the Mayor and City Administrator are authorized to execute this Agreement and any amendments on behalf of the City of Hutchinson. Adopted by the Hutchinson City Council this 10th day of July, 2007. Mayor: Steven W Cook City Administrator: Gary 0 Plotz loC/'J . STATE OF MINNESOTA GRANT AGREEMENT Hutchinson Dam This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources, ("State") and The City of Hutchinson, III Hassan Street SE, Hutchinson, MN 55350, hereinafter the "Grantee". ("Grantee"). Recitals 1. Under Minn. Stat. 84.026 the State is empowered to enter into this grant. 2. The State has been appropriated funds to repair, reconstruct, or remove dams; improve habitat for fish and wildlife; and improve public recreational opportunities. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract . 1 Term of Grant Contract 1.1 Effective date: The date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2. The Grantee must not begin work under this grant contract until this contract is funy executed and the Grantee has been notified by the State's Authorized Representative to begin the work 1.2 Expiration date: November 30,2008, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Tern. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 13. Publicity and Endorsement; 14. Governing Law, Jurisdiction, and Venue; and 16 Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, is responsible for the following: 2.1 Reconstruct the existing Dam on the South Fork of the Crow River in Hutchinson, MN. Reconstruction shall include removal of all operable gates and installation of a naturalized rock weir type rapids allowing similar flows and pool elevations as the in-place structure. The rock weirs design will allow the passage of fish. The structure shall be consistent with contract documents prepared for the City of Hutchinson by BARR Engineering dated June 21, 2007, and the summary provided in Attachment A. 2.2 To apply for and receive all necessary approvals and permits to complete the project and comply with state and federal regulations, including but not limited to: DNR Division of Waters Permits, Storrnwater Protection Permit, Cultural Resources Review, Natural Heritage Resources Review, and City Council approvals. 2.3 The Grantee is responsible for maintenance of the existing and repaired structure. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the . performance of this grant contract, time is of the essence. 4 Considerations and Payment Grant (Rev. 06/07) 1 ~\'J 4.1 Consideration. The State will pay for all services performed by the Grant~e under this grant contract as follows: . (1) Compensation. The Grantee will be paid up to $475,000 for actual expenses incurred. (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's . prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (3) Total Obligation. The total obligation ofthe State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $475,000. 4.2. Payment (1) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Partial payments are allowed. Final invoices must be submitted on or before November 30, 2008. Invoices must include copies of appropriate documentation to prove the work has been completed. (2) Federalfunds. No Federal funds are being used. . Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with alJ applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or 10callaw. 6 Authorized Representative a The State's Authorized Representative is Robert Collett, Area Hydrologist, 20596 Highway 7, Hutchinson, MN 56537320-583-2550, or hislher successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Kent Exner, City Engineer, III Hassan Street SE, Hutchinson, MN 55350, 320-234-4212. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. . Grant (Rev. 06/07) 2 loD J . 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnifY, save, and hold the State, its agents, and employees hannless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal rernedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. 10 Government Data Practices The Grantee and State rnust comply with the Minnesota Government Data Practices Act, Minn. . Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. . 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notifY the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. 176.1 8 1, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. . 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. A copy of any publicity shall be furnished to the State's Authorized Representative upon its release. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. Grant (Rev. 06/07) 3 (oD') 12.2 Endorsement. The Grantee must not claim that the State endorses itsproducts or services. .overning Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for alllegal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State rnay cancel this grant contract at my time, with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 15 Data Disclosure Under Minn. Stat. 270.66, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16 Use of Funds for Match or Reimbursement Grant funds cannot be used by the Grantee for any match or reimbursement without written authorization from the State's Authorized Representative. A STATE ENCUMBRANCE VERJFICATION 'lIff/Irdividual certifies that funds have been encumbered as Required by Minn. Stat. "16A.15 and 16C.05" Signed: Date: CFMS Grant contract No. A- 2. GRANTEE The Grantee certifies that the appropriate person(s) have execuled the grant contract on behalf of the Granlee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: steven W. Cook, Mayor I Date: 07/10/::>007 By: Title: Gary 1 Date: D. Plotz, City 07/10/2007 Administrator Distribution: . Grant (Rev. 06/07) 3. STATE AGENCY By: (with delegated authority) Title: Area Hydrologist, DNR Waters Division Date: Distributions: Agency Grantee Ee's: State's Authorizes Rep Regional Fisheries Mgr - St Paul Ecological Services St. Paul Waters. Regional Waters Mgr Region 4 Mgr 4 LP(1') . STATE OF MINNESOTA GRANT AGREEMENT Hutchinson Dam ATIACHMENT A NATURE AND SCOPE - This project is for the reconstruction of the South Fork of the Crow River Dam in Hutchinson and rock rapids. PURPOSE - The rock rapids will eliminate operation of the dam at high flows, restore fish passage at the dam, provide improvements to riverine and riparian habitats, reduce stream bank erosion below the dam, and substantially reduce public safety concerns associated with the existing lowhead dam. SPECIFICATIONS - The I I rock rapids will be constructed according to plan specifications to be approved by the DNR Waters Permit. The City of Hutchinson, under the direction of Kent Exner, P.E., will secure and administer the construction contract for this project. The project includes: -Removal of a portion of the existing dam spillway and all gates and mechanical apparatuses - Furnish and deliver 90 boulders. - Fumish and deliver 6180 tons of base rock - Furnish and install 2515 tons of filter rock -Placement of rock fill according to design. Mobilization of equipment. .OMPLETION - All placement of rock, final cleanup and site restoration within the river corridor shall be completed by November 30,2008. Under no condition will work within the river be allowed between April 15th and June 1 st. PROJECT COORDINATION - The contractor will coordinate and schedule with the City of Hutchinson, BARR Engineering, and other state agency personnel. In addition to City of Hutchinson and BARR Engineering personnel, the following person must be contacted a minimum of one week prior to start of construction. Luther Aadland Minnesota Department of Natural Resources 15091 s,AvenueNorth Fergus Falls, Minnesota 56537 Phone: (218) 739-7576 Ex!. 235 Placement of the large boulders will be done under the direct supervision of Luther Aadland, MN DNR. The contractor shall work closely with Mr. Aadland to prevent schedule conflicts. CONSTRUCTION AND ENVIRONMENTAL DISTURBANCE REQUIREMENTS - The contractor shall take appropriate measures to restrict the losses or disturbance of soil, vegetative cover, and pollutants (chemical or biological) from the project site. Construction shall take place in a manner that minimizes re- . suspension of river sediments. Appropriate erosion control measures shall be used to limit sedimentation and discoloration of the downstream waters. Grant (Rev. 06/07) 5 GCi~ . . . RESOLUTION NO. 13235 RESOLUTION REJECTING BIDS AND REJECTING IMPROVEMENT LETTING NO. 10 PROJECT NO. 07.10 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the following described improvement: Hutchinson Farmers Market by construction of three pavilion structures and electrical service with required Substantial Completion of the project on or before September 7'h, 2007 and the following bids were received complying with the advertisement: Bidder Kue Contractors of Watkins MN Ebert Construction of Corcoran MN RAM Buildings Inc of Winsted MN . Environmental Associates Inc of Willmar MN Dammann Construction of Glencoe MN Scott Builders of Buffalo MN Gopher State Contractors of Rice MN Eagle Construction Company of Little Falls MN Base Bid $242.193.00 $276,200.00 $297,129.00 $312,604.00 $278,600.00 $284,156.00 $309,451.00 $319,800.00 Alternates $ 80,500.00 $ 97,200.00 $ 76,513.00 $ 74,688.00 $115,400.00 $124,197.00 $116,612.00 $116,100.00 Total Bid $322,693,00 $373,400.00 $373,642.00 $387,292.00 $394,000.00 $408,353.00 $426,063.00 $435,900.00 AND WHEREAS, it has been found that the bid price exceeds the Engineer's estimate by 62% and this improvement is not feasible at this time. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The all bids are hereby rejected. 2. Said improvement project is not feasible at this time and is hereby rejected. Adopted by the Hutchinson City Council this 10th day of July 2007. City Administrator Mayor ~()) CITY' ~UTCHINSON, HUTCHINSON CITY CENTER, 1,HASSAN ST SE, HUTCHINSON MN 55350 (320-234-42U~) PLAN HOLDERS LI & BID TABULATION L~~1of2 LETTING NO. 10/PROJECT NO. 07-10 - Farmers Market Pavilion BID OPENING DATE: Thursday, June 28th, 2007 @ 2:00 pm COMPLETION DATE: ENGINEER'S ESTIMATE: '" z - UJ N" -" -" '" '" -u. C 'z .~ 'z UJ :Ii ~o c UJ-'z~ UJ- UJ!!: UJ- 0:: ....= ....0:: C => -:Ii iii ....~o ~a ~~ c 0::0:: < -(!) <Ul c z....=w zO z(!) NAME AND ADDRESS TELEPHONE FAXIWATS < z- =>0 UJ UJ liJu. '" o::Z>> 0::-' o::z O::Ul -' c < UlUJ<O Ul< Ul- l!!~ :;;: c ",UJ III ~Oo.m ........ ........ :Ii < c'" -'UJ -,'" -'0 -.... < < <:Ii <~ <... uJ III Calway Construction 417 North Riverfront Or , Mankato MN 56001 507-388-3711 507-388-4407 Construction Results 14100 23rd Ave N 2 Plymouth MN 55447 763-559-1100 763-553-0494 Dammann Construction 16042 Dairy Ave 5% Bid 3 Glencoe MN 55336 320-395-2417 320-395-2034 Yes Bond $278,600.00 $48,750.00 $43,150.00 $19,900.00 $3,600.00 Eagle Construction Company 515 9th Ave NW 5% Bid . Little Falls MN 56345 320-632-5429 320.632-5420 Yes Bond $319,800.00 $56,700.00 $37,500.00 $19,500.00 $2.400.00 Ebert Construction 23350 Co Rd 10 5% Bid , Corcoran MN 55357 763-498-7544 763-498-9951 Yes Bond $276,200.00 $40,300.00 $35,400.00 $18,700.00 $2,800.00 , , c ~ E.nvironmental Associates Inc (eai Inc) OJ OJ @S 770 Bus Hwy 71 NE 'm ~ 5% Bid 6 Willmar MN 56201 320-231-0461 320-235-2871 Yes Bond $312,604.00 $35,200.00 $18,168.00 $18,480.00 $4,840.00 GH Construction 1000 Commerce Blvd, Ste 400 7 Howard Lake MN 55349 320-543-0004 320-543-2995 ~ u ~~E Gopher State Contractors C.cO g8~ 340 SE 1st Ave @OJ~ 5% Bid "i: ~.8 , Rice MN 56367 320-393-4248 320-393-4135 o~ Yes Bond $309,451.00 $49,110.00 $43,500.00 $20,328.00 $3,674.00 '" .~ ~ Kue Contractors Qj~ E OJ 130 Central Ave 5 @S 5% Bid L..... 9 Watkins MN 55389 320-764-2525 320-764-2524 E OJ Yes Bond $242,193.00 $37,000.00 '-" :;::; $20,000.00 $20,000.00 $3,500,00 --- . CITY _HUTCHINSON, HUTCHINSON CITY CENTER, ~HASSAN ST SE, HUTCHINSON MN 55350 (320-234-4209) PLAN HOLDERS L & BID TABULATION eOJP92of2 LETTING NO. 10/PROJECT NO, 07-10 - Farmers Market Pavilion BID OPENING DATE: Thursday, June 28th, 2007 @ 2:00 pm COMPLETION DATE: ENGINEER'S ESTIMATE: Ul z ~ NCl ~Cl ~Cl I/) -11. W .i!!: w I/) >0 ' 0 ,z .z '" :;; !:::;; 0 w..Jz~ w- wcr w- 0 ::> iii ....~o ....= <~ ....!!; 0 0 crcr <( -Cl <(w ~~ NAME AND ADDRESS TELEPHONE FAXlWATS <( z~ ::>0 W ZI-~lU zU ZC> ..J W frlu. I/) crZ>> "'..J "'z "'W ;;: 0 UlW <( ww<(O W<( w- ~;: 0 III ~OD..m ........ ........ :;; < 0'" ..JW ....I:r ....10 W -.... < < <:;; <g <11. III RAM Buidings Inc 592 Industrial Dr 5% Bid " Winsled MN 55395 320-485-2844 320-485.3625 Yes Bond $297,129.00 $39,914.00 $14.145.00 $19,550.00 $2,904.00 Ryan Voss Construction Inc 6574100th Sl " Glencoe MN 55336 320-864-4234 320-864-4383 ~ .c u ~ ~ Schatz Construction :0 " .c c 1011 Armstrong Aye N @I--' '" " " Glencoe MN 55336 320-864-3131 320-864-5804 '0 ~ Scott Builders 12 East DiYision 5t " Buffalo MN 55313 763-684-0000 763-684-0402 Yes $284.156.00 $57,668.00 $44,495.00 $18,470.00 $3,564.00 S \'> L..--' ::=.../ . . . 7& MEMORANDUM POLICE I EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council Dan Hatten, Director of Police I Emergency Management service~ FROM: DATE: July 3, 2007 RE: fee Schedules for the Automated Pawn System This memorandum is to request your approval of an addition to the city's fee schedule. This department has entered into a contract agreement with Automated Pawn System wherein we will be billed for the use of their software package. I am requesting that the city add to the fee schedule a charge of $1.50 per transaction that will be billed to the businesses entering data to the system. This billing would be done on a monthly base. 2007-01-0002 l2 (y, ') . . . MEMORANDUM POLICE I EMERGENCY MANAGEMENT SERVICES TO: Melissa Starke FROM: Officer Theresa Leider/lnvestigations DATE: 7/9/2007 RE: Transient Merchant License Background As of today's date, I have completed a background investigation on Peter Bazil for a Transient Merchant's License. This is the first application for such a license for Mr. Bazil. During the course of conducting this in the applicant's background that nd investigation, I did not discover anything him from Qbtaining this license. If you have any fu contact me. 'to this matter, please eoc0 . . . C.Jof~ ~ 11] Hilss.an:'itlc.:1 S,)l)Ehc;L<;[ Hutchinson. MN 553,(. 020) 5l!:7-51:5llFax: (320) 234-4240 Cily of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS t Applit::allon Type (choose one) CJ Soticimr M Tr'dtlslcnt Merchant o Peddler ClParade Peddler $100.00 $100.00 $100.00 $25.00 D'.J.te of Application , .,-t,': f \."', ') i l....i .... Dale("s) ofSaJe \-}.~~-J /pi...'" 0"''''& s:'..-.lvl{ ...'-l.......;:.l~ ~"-'::I\;. "~ <7" \,,-\4. -% '" ,)....oHJ , Applicant lnfommtloo - '-1 ! 2" X 2~ PiCl1Jre Required Na.me: Peter Dazil Height: 5'8" Weight: 140 Eye Color: Blu DnvcT's Ucense Number: S~te: Pennanent Address: 3535. ~flan: Orono ~'--'---;;:jf)' Permanent T ekphorre: Temporary Address: (",(. MN MN Slat</.' 55391 --~.- ."ritlt.' ~--~Ztp - ____~_.._~__J"_._ __~__' Temporary Telephone ACCl"SS; Have you been convicted of any crime. misd~mc-ID1ur. Or violation of any frlunicipal ordifla.'ice, otfiCrthall-- traffic violations? 0 yes X no If yes, siatc the nature OfOIT"Cfi!iC and punishment or penalty asst'ss..e.dthcrefore: ~-~----~- - G2 (I") . . . Ciry QjlJlIl<:hinson Appfica/ionfiH Peddlers. SoJicitor~ and Transh:nI Merchants Page 2 .J4 Locatjol1 Info-nl1atloll 7 Iii Budge. Motel .-.----Loca~;n l'./~e 7{)() Hl'.'Y 7 E. Localhm Address .-'1 ""---1 I , Hutchinson AIN "2ip Stale Cify Businesslnfoffilation Describe relationship between applicant and employer: Same Dtse-ribe nature of business. and describe item{s) otT<..."fcd: Liquidating Sp(Jrlin~ Goods DeSl..iibe rnelhod of delivery': Truck Describe source of supply: Dick Sylveskr Semi Truck ~ e\~ !:WE 5"'-<''') 1~-- vu.\P~",,'A -50\ ~ SuppJJer'....mtw - C ""....E\-It>.tS~ ') Supplier .4ddros;- ----- L tf<' 5rf SupplUtr .~.~ Supplier ..Jddre.!Js Supplier NomE' _ Snpplie,r .(ddrl'!.u _ Referem.:cc Information Provide two (2) property owners (preferably in i\kLcod County) lor character rekrences: Pn)/X'1{)' ()wner Nom..' I ! I I L.-_ PrOpi:rf)'-(~'hr'r Adj;e.5-~- Pr;;p;,.ty OIoI'l1t'r N;;;;;;- _____ _ f'nJPt'rtYOI~:;:rAd,!r;'u __ - 71.'3 ___~CI-"7:l~__ SJJpplt,,. PhlJfli! Numb~r ~....J""''i .-'~--CiO' ---- ~S'(3~ fl\1oJ Slale ZIp SIIPPfer p,;(;;;'-:..~'vmh"'r Stat/! --bp ('il)' -- Suppler Ph;;~' Numbe;" \!Q' Slatt: ---- - _L.ij~_,_____ -~~"""'-- . ...-..J PrfJ!h-'J"(y(}':wer PJj(';;; l,;umlJ.j>----;---~ Cif)' -s-;n-;;-- ----Zip- f'rupt'rty Owner Nwh' _;\';;;llbt'1" .iJ!!:' ____,\il/lfi'__ -._..l!J: LoC'~ . . . Cirv 0{ Hwchin...on APPi/cutitmfor Pi:dJler.s. SvllC:llors. and Tronsh:nl M{'rehunls p{Jg~ 3 ~r4 Rcferellce Infonnation (comin\ied) List last (up to three (3)) previou-s city(ies) where you earned on !:'ame activity: F"1...s-t $A-LE C:o"" lI""'A.I~12. C.fl)' SUllC St.~e Ca)' Sl11te- ellY 1 U~hecklist , The following to Datc(s) of Acti\'ity to Date{s) of Aai\'ily t(l i}alo(S:1 of Activity Doo hems. need lei be completed and/or anachcd in order for the application to be processed: 00 Applic.:ition/ln\'estigation fee paid it1 fIJI! (check Or money order): Are1ic;ation complete-d in full and si~ed: lXIyes 0 no "A<: I hereby certify T ha.ve completely tilled out the entire above application and that the .application is mJe, correcl, and accurate. I fully lUldt.'TStand that any person \1,110 violates any provision of the Peddlers. Solicitors, and Transient Merchants Ordinance No. 673 is guilty .of a misdeme-.a.nor and upon conviction thereof shall be punished by a fine not exceeding S t ~OOO,OO Or by imprisonment t'O,- a period not exceeding 90 days or both.. plus, in either case, the costs of prOS-ecutlon. , , .-~ \ <~ "--.. Applicant's Signalure--""" J Internal USl: Only r-. Police Cl ap;;~\~~d I [J denied Notes: City Council o approved 0 denied Not<S: I ; ':)_.<:.:-"",,.' '''-~I'ti<:ol ",r,'/I'""j,jl~t. Snli~j';)I_ Tr ~~"~"LO;.' .~ ! f I q 13/IJ i Date ] , -~=~:=--=~-=:~=J ~(\) . TO BE PUBLISHED IN HUTCHINSON LEADER THURSDAY JUNE 21, 2007 Publication No. 7597 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that a public hearing will be held on Tuesday, July 10,2007, at the hour of 6:00 p.rn. in the Council Chambers of Hutchinson City Center for the purpose of: Issuing an On-sale Intoxicating/Sunday Liquor license to Little Crow Bowling Lanes, dba Hutch Bowl, applicant, to sell liquor at a restaurant located at 1150 Hwy 7 West, Hutchinson, Minnesota. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all persons interested may be heard. Gary D. Plotz . City Administrator . 1 {b\ ') APPLICATION FOR ON-SALE INTOXICATING LIQUOR LICENSE . This form was prepared by the City of Hutchinson and the Minnesota Bureau of Criminal Apprehension, Department of Public Safety, pursuant to Minnesota Statutes, 1976, Section 340.13, for purposes of back- ground investigation. It does not supercede any laws, rules or regulations of the Division of Liquor Control regarding the issuance of liquor licenses. Failure to provide information requested may result in denial of the application. ~- 1. L, #i e, (I fO,.r &1\1 i,,'4 l.anes Trade Name J PBA Rww <Uv.M I (" /<1-"7 Date of Application 2. LicJl~'~riod 3. Type of Application: BNew 4. Sid PI tU S CVlC€..J Name of Applicant ~) . 5Dq L/f1den fhr.e- ;;vi Home Address D Renewal o Transfer ~rm (YItJ 653SV 6. Citizenship: u-5r. ~rnN Place of Birth - Date of Birth 7. 8. Address ~~ ~inecJ;! ~:jat2n Wesf- ~~) 9. Legal Description . List owners of building or premise to be licensed: Gr.u I ! Je.nn.(if PlrV5a.flce..J 11. List all partners, officers or directors, if corporation: Name Address Date of Birth 12. Prior experience in this type of business: jE yrs o..;;t ~ ~vJ/ Wrl-h ore,<;U}-t .9.2.. ..J.ACe.nW I 13. Present ownership in any other liquor establishment: ~ !$owl 14. Present ownership in any other restaurant or food business: tJW gn II { &..r 15. Three Business References: (;) u ades Dee n:/ 0 cptu.JrJ~~ <;6JCe cUardv-rCl..re..- . ~ S ~~n('.La; fed Vi/''}!j' mrJ cor!:r~t;'!;; 9.::~::'sJ!~~~~n3 ~ . 16. i[C\) 17. 1150 6/w~ 'l W'est, PD&~ do?, Corporate or P tnership Address cN~ ~If this is a transfer application give name, address, ~corporation holding license for the past year. of persons, partnership or ~I . Ue.r>nJ Pliula.nu./ 19. Who owns the bar/tavern fixtures? ~es o No b.r+h From (Jr~.<;.lfl+ , To 20. Are you a Minnesota resident? If not, where resident? Dates of Residency 21. Residential Address during Past Five (5) Years: 5DGJ L-I nden A-Y (0 cbI1J,+th.~.I1M-;J rn N 55350 22. Three Personal References: S4e..ve.. Ja.ni1ck S e.ott St-hoc.he J\ (l')(;\J q"- f huc1. ~r-iLt f1..J (1113 J J1 nl )::, 23. Employment for the Past Five Years: W-P'.J C rflN . 24. Any Convictions Other Than Minor Traffic: tJOf1<.- 25. This application must be accompanied by detailed statement of net worth and last year's tax return and statement of method of payment for business, fixtures and inventory. 26. Applicant, and his associates in this application, will strictly comply with all the Laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor; rules and regulations promulgated by the Liquor Control Commissioner; and all ordinances of the municipality; and I hereby certify that I have read the fore- going questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee not to exceed $500.00 shall be charged an applicant by the city or county if the investigation is conducted within the state, or the cost not to exceed $10,000.00 if the investigation is required outside the state. I further understand tbe ordinances of the~CitY of Hutchinson regarding the operation of on-sale liquor licenses and agree to ~t~ Sign ture of Applicant Subscribed and sworn to before me this ~~ ~d:~:~:: k , \ (Notary Public) lt~'7 MEUSSA A. STARKE NOTAR'I PUBUC.M\t>tNESOTA My COlOll't Exp. JBl\. 31. 2011 My Commission Expires: \- ,,\ - ,.fD11 ,{()\.) . . . MEMORANDUM DATE: TO: FROM: July 5, 2007 for the July 10, 2007 City Council meeting Hutchinson City Council Rebecca Bowers, AICP, Planning, Building and Zoning Director, and Lenny Rutledge, Building Official SUBJECT: Self-Perpetuating Ordinance Adopting MN Building Code Backaround: The new 2007 State Building Code has been adopted by the State of MN and takes effect July 10,2007. Existing City ordinances reference the older version the Building Code and need to be updated to reflect the new Code. Adoption of the self-perpetuating ordinance is recommended to remain current and to avoid revising ordinances each time the Building Code is updated. The City must enforce the current version of the Building Code. Adoption of the ordinance will not change building permit fees at this time as permits fees are reviewed and adopted annually by the Council with the city-wide fee schedule. The ordinance also references optional chapters of the Building Code, however the City has not adopted the optional chapters (special fire protection, flood proofing and regulations on grading and excavations) and is not proposing adoption at this time. Reauested Action: 1. Adoption of the attached self-perpetuating ordinance adopting the MN State Building Code. Attachment: Self-Perpetuating Ordinance Adopting Building Code Existing City Code sections 150.01 -150.03, Adopted Building Code 1 Ck7 J . Ordinance No. 07-0466 Adopting the Minnesota State Building Code AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY INCLUDE THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. The City of Hutchinson does ordain as follows: Section 1 Codes adopted by reference. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Building Codes and Standards Unit, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordnance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. 'ction 2. Application, Administration and Enforcement. The application, administration, and enforcement ofthe code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, subdivision 1, when so established by ordinance. The code enforcement agency of this municipality is called the Building Enforcement Department of the City of Hutchinson. This code shall be enforced by the Minnesota Certified Building Official designated by this Municipality to administer the code (Minnesota statute 16B.65) subdivision 1. Section 3. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, subdivision 1. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the municipality in Section 150.02 of the City Code. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota statute 16B.70. Section 4. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota statutes 16B.69). Section 5. Building Code Optional Chapters. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 allows the Municipality to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. The City of Hutchinson has not adopted any ofthe optional provisions identified in the most current edition of the State Building Code. Section 6. Effective Date of Ordinance. The effective date of this Ordinance shall be upon its passage and .blication. 7{b) Ordinance adopting MN Building Code Page two . Adopted by the City Council this 24th day of July, 2007. A TrEST: Mayor Steven W. Cook Gary D. Plotz, City Administrator . . 7(6') . . . E iJSTING C1TY c.oDE Hutchinson, MN Code of Ordinances ~ 150.01 APPLICATION, ADMINISTRATION AND ENFORCEMENT. (A) The application, administration and enforcement of the building code shall be in accordance with Minn. Rules, part 1300.2100, as it may be amended from time to time, and as modified by Chapter 1305. The code shall be enforced within the extraterritorial limits permitted by M.S. S 16B.62(1), as it maybe amended from time to time, when so established by ordinance. (B) The code enforcement agency of this municipality is called the Building Enforcement Department. (C) A state certified Building Official must be appointed by this jurisdiction to administer the code. (M.S. S 16B.65) (Ord. 98-242, passed 11-24-98) ~ 150.02 PERMITS AND FEES. (A) The issuance of permits and the collection offees shall be as authorized in M.S. S 16B.62(1), as it maybe amended from time to time, and as provided for by separate resolution and Minn. Rules, parts 1305.0106 and 1305.0107, as it may be amended from time to time. (B) Permit fees shall be assessed for work governed by this code in accordance with the current city policies and fee schedules, as set from time to time by the City Council. In addition, a state surcharge fee shall be collected on all permits issued for work governed by this code in accordance with M.S. S 16B.70, as it may be amended from time to time. (Ord. 98-242, passed 11-24-98) ~ 150.03 ST ATE BUILDING CODE ADOPTED. (A) The Minnesota State Building Code, established pursuant to M.S. SS 16B.59- 16B.75, as they may be amended from time to time, or its Successor, is hereby adopted as the building code for this municipality. The Code is hereby incorporated in this code of ordinances as if fully set out herein. (B) The Minnesota State Building Code includes the following chapters of Minn. Rules: American Legal Publishing Corp. 1 7[b) . (1) (2) (3) (5) (6) (7) (8) buildings; Hutchinson, MN Code of Ordinances 1300, State Building Code (2003); 1301, Building Official Certification; 1302, Construction Approvals; 1305, Adoption of the 2000 International Building Code; 1307, Elevators and Related Devices; 1309, Adoption of the 2000 International Residential Code; 1311, Adoption of the 2000 Guidelines for the Rehabilitations of existing (9) 1315, Adoption of the 2002 National Electrical Code; (10) 1325, Solar Energy Systems; (11) 1330, Fallout Shelters; (12) 1335, Floodproofing Regulations; (13) 1341, Minnesota Accessibility Code; . (14) 1346, Adoption of the Minnesota State Mechanical Code; (15) 1350, Manufactured Homes; (16) 1360, Prefabricated Structures; (17) 1361, Industrialized/Modular Buildings; (18) 1370,Storm Shelters (Manufactured Home Parks); (19) Minnesota Plumbing Code; (20) 7670,7672,7674,7676 and 7678, Minnesota Energy Code; (21) Appendix chapter K (Grading), of the 2002 Supplements to the International Code. ('89 Code, 9 4.01) (Ord. 98-242, passed 11-24-98; Am. Ord. 99-258, passed 6-22-99; Am. Ord. 2000-285, passed 10-10-00; Am. Ord. 02-307, passed 3-26-02; Am. Ord. 03-341, passed 5-13-03) ~ 150.04 VIOLATIONS. . American Legal Publishing Corp. 2 7Cb) . . . TO: Mayor & City Council FROM: John Olson, Public Works RE: Consideration of Sale of Surplus Plow Truck to Acoma Township DATE: July 10, 2007 Acoma Township has requested permission to negotiate a direct purchase from the City of Hutchinson of a surplus plow truck. The plow truck is a 1986 Ford F800, with an appraised value of approximately $4,800 - $5000. Staff recommends approval of the sale of the plow truck at the price of $4,800. cc: Gary Plotz, City Administrator \0[0\) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Project Award for the School Road Pedestrian Underpass Construction (Letting No. lIProject No. 07-01) DATE: July 10,2007 Bids for the School Road Pedestrian Underpass project will be received on Monday, July 9th. City staff will then provide a summary of the bids and an award recommendation at the Council Meeting on July 10th. Considering the timely award of this project at the upcoming Council Meeting is necessary to meet a very aggressive construction timeframe which is required to coordinate the School Road Pedestrian Underpass construction within the TH 7/15/22 reconstruction project. cc: Gary Plotz, City Administrator \6 C'o ') . . . RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO.1 PROJECT NO. 07-01 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the following improvement: School Road Pedestrian Underpass (SAP. 133-090-002, S.P. 4302-44 & STPX 4308(012) trunk and lateral storm sewer, grading, aggregate base, bituminous paving, landscaping, restoration, lighting, retaining walls, ornamental railing and appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid and whereas. it appears that of is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with of in the amount of $ in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 10th day of July 2007. Mayor City Administrator \0[\=') . . . RESOLUTION NO. 13239 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO.1 PROJECT NO. 07-01 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the following improvement: School Road Pedestrian Underpass (SAP. 133-090-002, S.P. 4302-44 & STPX 4308(012) trunk and lateral storm sewer, grading, aggregate base, bituminous paving, landscaping, restoration, lighting, retaining walls, ornamental railing and appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder R & R Excavating Inc of Hutchinson MN Duininck Bros Inc of Prinsburg MN Amount Bid $458,237.01 $489,028.05 and whereas. it appears that R & R Excavating Inc of Hutchinson MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with R & R Excavating Inc of Hutchinson MN in the amount of $458,237.01 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. 3. The project be funded with Municipal State Aid in the amount of $576,910.61 and City Excess Bond Funds in the amount of $264,559.52. 4. The award of contract is contingent to R & R Excavating Inc satisfying all Disadvantaged Business Enterprise (DBE) and Equal Employment Opportunity (EEO) requirements. Adopted by the Hutchinson City Council this 10th day of July 2007. Mayor City Administrator \oL0 A School Road Pedestrian Underpass Project City Letting No. 1/Project No. 07-01 S.P. No. 133-090-002 Summary of Cost Estimates & Proposed Funding July 10, 2007 Item DescriDtion Estimated Cost Proposed Funding Federal Aid (1) State Aid (2) City (3) Total Funding City Trail Project (4) $458,237.01 $296,000.00 $159,237.01 $3,000.00 $458,237.01 TH 7 Supplemental AQreement (5) $729,089.12 $422,156.00 $239,533.60 $67,399.52 $729,089.12 TH 7 Chanae Order t8) $0.00 $0.00 $0.00 Total Construction Costs $1,187,326.13 $718,156.00 $398,770.61 $70,399.52 $1,187,326.13 Consultant Fees (6) $178,150.00 $178,150.00 $178,150.00 Project Fees (7) $132,960.00 $132,960.00 $132,960.00 Property Acquisition $61,200.00 $61,200.00 $61,200.00 Total Project Costs $1,559,636.13 $718,156.00 $576,920.61 $264,559.52 $1,559,636.13 Excess Bond Funds $250,000.00 Preliminary Project Cost Estimate $1,451,000.00 Additional Bond Funds $14,559.52 Notes: 1. Federal Aid consists of $422, 156.00 (established) and $272,000 to $320,000 (2008 and 2009 total) 2. State Aid project funding to be limited to $576,920.61 3. City costs include storm sewer work, change order, property a.cquisition, fees and balance of costs 4. City Trail project to be partially funded with future Federal Aid allocations 5. TH 7 Supplemental Agreement total construction cost including detour costs ($15,839.16) 6. Consultant Fees include all SRF Project Development, Final Design and Property Acquisition Services 7. Project Fees include MnDOT Const. Eng. ($57,060), City Const. Eng ($39,290), and City Admin/Finance ($36,610) 8. TH 7 Change Order Costs accounted for within overall TH 7/15/22 Project ($15,546.40) . . ~) Marc A. Sebora, City Attorney Office of the City Attorney 111_ Street SE HutchinSon, MN 55350..2522 320-587-5151/Fax 320-234-4201 . TO: Mayor & City Council FROM: Marc A. Sebora, City Attorney SUBJECT: Liquor License Violations DATE: July 5, 2007 On January 13,2007, Hutchinson Police Services conducted an alcohol compliance check throughout the City of Hutchinson. Five liquor license holders in the City of Hutchinson failed that compliance check. Those businesses were the Victorian Inn, Lamplighter, Applebee's, Pizza Hut and the America Legion Post 96. The employees that provided liquor to underage persons as a result of these compliance checks have all been convicted of criminal charges and the time for appealing those criminal convictions has passed. When the City Council has considered liquor violations in the past, the mayor has appointed a two or three person subcommittee of the City Council to conduct a hearing if the violator requests one. I have contacted all ofthe violators and informed them of their rights to a hearing and Pizza Hut, Applebee's and Lamplighter have all requested hearings. . The American Legion has voluntarily agreed to accept sanctions against their liquor license and have waived a hearing. The proposed sanctions to be levied "if they meet with your approval" would be as follows: A three day suspension of their liquor license as well as an administrative penalty of$750. In addition they will send their entire staff to an alcohol servers awareness class and have purchased handheld ID scanners which will automatically register whether a person can be sold liquor rather than attempting to determine the person's age by reading the ID. These handheld scanners and the alcohol servers class have cost the American Legion approximately $2550. The American Legion had a subsequent violation on a compliance check on April 17, 2007, as well. Nevertheless, it would be my recommendation, especially in light of the American Legion's good faith efforts to correct this problem, to accept the proposed penalties which would pertain to both incidents. In addition, I am having ongoing discussions with the attorneys for Applebee's and the management of Lamplighter in hopes of settling this matter without a hearing. If I am able to reach a settlement with these establishments prior to the Council meeting, I will provide that information to you at the meeting. In any event, hopefully these matters could be settled prior to actually having to schedule a hearing. . A violation of the liquor license ofthe Victorian Inn is not being alleged because the establishment is now under new ownership. Should you have questions concerning this, I will be happy to address them at the Council meeting. - Printed on recycled paper - \6Cc- ') . . . POLICY GOVERNANCE@ SOURCE DOCUMENT Why a Source Document? A "source" is a point of origin. A source document is a "fundamental document or record on which subsequent writings, compositions, opinions, beliefs, or practices are based." (Webslers) Without a simply expressed clear point of source, interpretations, opinions, writings and implementations may intentionally or unintentionally diverge from the originating intent and ultimately be undifferentiated. The point of source ("authoritative source") is John Carver, the creator of Policy Governance, with Miriam Carver his fellow master teacher. Without a simply expressed clear source document, Policy Governance is not reliably grounded and not transferable as a paradigm of governance. It is left vulnerable to interpretation, adaptation and impotence. This document has been produced by the International Policy Governance Association and approved by John and Miriam Carver as being true to source. What Policy Governance is NOT! 1. Policy Governance is not a specific board structure. It does not dictate board size, specific officers, or require a CEO. While it gives rise to principles for committees, it does not prohibit committees nor require specific committees. 2. Policy Governance is not a set of individual "best practices" or tips for piecemeal improvement. 3. Policy Governance does not dictate what a board should do or say about group dynamics, methods of needs assessment, basic problem solving, fund raising, managing change. 4. Policy Governance does not limit human interaction or stifle collective or individual thinking. What Policy Governance IS! Policy Governance is a comprehensive set of integrated principles that, when consistently applied, allows governing boards to realize owner-accountable organizations. Starting with recognition of the fundamental reasons that boards exist and the nature of board authority, Policy Governance integrates a number of unique principles designed to enable accountable board leadership. \0[6') . . . Principles of Policy Governance 1. Ownership: The board connects its authority and accountability to those who morally if not legally own the organization-if such a class exists beyond the board itself-seeing its task as servant-leader to and for that group. "Owners," as used in the Policy Governance model, are not all stakeholders, but only those who stand in a position corresponding to shareholders in an equity corporation. 2. Governance Position: With the ownership above it and operational matters below it, governance forms a distinct link in the chain of command or moral authority. Its role is commander, not advisor. It exists to exercise that authority and properly empower others rather than to be management's consultant, ornament, or adversary. The board-not the staff-bears full and direct responsibility for the process and products of governance, just as it bears accountability for any authority and performance expectations delegated to others. 3. Board Holism: The board makes authoritative decisions directed toward management and toward itself, its individual members, and committees only as a total group. That is, the board's authority is a group authority rather than a summation of individual authorities. 4. Ends Policies: The board defines in writing the (a) results, changes, or benefits that should come about for specified (b) recipients, beneficiaries, or otherwise defined impacted groups, and (c) at what cost or relative priority for the various benefits or various beneficiaries. These are not all the possible "side benefits" that may occur, but those that form the purpose of the organization, the achievement of which constitutes organizational success. Policy documents containing solely these decisions are categorized as "Ends" in describing the Policy Governance model, but can be called by whatever name a board chooses, as long as the concept is strictly preserved. 5. Board Means Policies: The board defines in writing those behaviors, values- added, practices, disciplines, and conduct of the board itself and of the board's delegation/accountability relationship with its own subcomponents and with the executive part of the organization. Because these are non-ends decisions, they are called "board means" to distinguish them from ends and staff means. In describing the Policy Governance model, documents containing solely these decisions are categorized as Governance Process and Board-Management Delegation, but can be called by whatever name a board chooses, as long as the concept is strictly preserved. . 6. Executive Limitations Policies: The board makes decisions with respect to its staff's means decisions and actions only in a proscriptive way in order simultaneously (a) to avoid prescribing means and (b) to put off limits those means that would be unacceptable even if they work. Policy documents containing solely these decisions are categorized as "Executive Limitations" in describing the Policy Governance model, but can be called by whatever name a board chooses, as long as the concept is strictly preserved. 7. Policy "Sizes": The board's decisions in Ends, Governance Process, Board- Management Delegation, and Executive Limitations are made beginning at the \DCe:,) . . . broadest, most inclusive level and, if necessary, continuing into more detailed levels that narrow the interpretative range of higher levels, one articulated level at a time. These documents-which replace or obviate board expressions of mission, vision, philosophy, values, strategy, and budget-are called policies in describing the Policy Governance model, but can be called by whatever name a board chooses, as long as the concept is strictly preserved. 8. Delegation to Management: If the board chooses to delegate to management through a chief executive officer, it honors the exclusive authority/accountability of that role as the sole connector between governance and management. 9. Any Reasonable Interpretation: In delegating further decisions-beyond the ones recorded in board policies-the board grants the delegatee the right to use any reasonable interpretation of those policies. In the case of Ends and Executive Limitations when a CEO exists, that delegatee is the CEO. In the case of Governance Process and Board-Management Delegation, that delegatee is the CGO (chief governance officer) except when the board has explicitly designated another board member or board committee. 10. Monitoring: The board monitors organizational performance through fair but systematic assessment of whether a reasonable interpretation of its Ends policies is being achieved and a reasonable interpretation of its Executive Limitations policies is being avoided. If there is a CEO, this constitutes the CEO's evaluation. All other practices, documents, and disciplines must be consistent with the above principles. For example, if an outside authority demands board actions inconsistent with Poiicy Governance, the board creatively uses the consent agenda or other device to be lawful without compromising governance. Policy Governance is a precision system that promises excellence in governance only if used with precision. These governance principles form a seamless paradigm or model. As with a clock, removing one wheel may not spoil its looks but will seriously damage its ability to tell time. So in Policy Governance, all the above pieces must be in place for Policy Governance to be effective. When all brought into play, they allow for a governing board to realize owner accountability. When they are not used completely, true owner accountability is not available. Policy Governance boards live these principles in everything they are, do and say. Produced by International Policy Governance Association in consultalion wilh John and Miriam Carver, 2005. Policy Governance@ is a registered service mark of John Carver. Used wilh permission. Copying permitted if attributed 10 source. If referenced as source documenl, musl reference enlire documenl and, if copied, be copied in its entirety. IDee)