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cp07-24-2007 c . AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 24, 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 JULY 10,2007 (b) BID OPENING MINUTES OF JULY 9, 2007 (SCHOOL ROAD PEDESTRIAN UNDERPASS) Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PUBLIC ARTS COMMISSION MINUTES OF APRIL 19,2007, AND JUNE 21, 2007 2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES OF MAY 21, 2007 . 3. PLANNING COMMISSION MINUTES OF JUNE 19,2007 4. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JUNE 2007 5. CITY OF HUTCHINSON FINANCIAL REPORT FOR JUNE 2007 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR JUNE 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13245 - RESOLUTION FOR PURCHASE (UNDERGROUND FIBER, STAINLESS WEIRS & BRACKETS, COMPOST BULK) 2. ORDINANCE NO.07-0466 - A SELF-PERPETUATING ORDINANCE ADOPTING BY REFERENCE THE MINNESOTA STATE BUILDING CODE (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF PRELIMINARY AND FINAL PLAT (ONE LOT) JENSEN SECOND ADDITION WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13240) . 2. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW CONTRACTING BUSINESS CITY COUNCIL AGENDA -JULY 24,2007 IN THE C5 DISTRICT LOCATED AT 261 3RD AVENUE NW WITH FAVORABLE PLANNING . COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13242) 3. CONSIDERATION OF SITE PLAN REVIEW FOR O'REILLY AUTO PARTS STORE TO BE LOCATED AT 1500 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13243) (d) CONSIDERATION FOR APPROVAL OF 33rd ANNUAL ARTS & CRAFTS FESTIVAL TO BE HELD SEPTEMBER 14-15,2007, IN LIBRARY SQUARE AND SURROUNDING STREETS (e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.1 - LETTING NO. 6A, PROJECT NO. 05-20 (AIRPORT IMPROVEMENTS) (f) CONSIDERATION FOR APPROVAL OF AN EASEMENT GRANTING CROW RIVER GOLF CLUB THE RIGHT TO PLACE A DRIVEWAY OVER AND ABOVE CERTAIN PROPERTY LOCATED AT THE NORTH WATER TOWER, 958 GOLF COURSE ROAD NW (g) CONSIDERATION FOR APPROV AL OF ITEMS FOR THE NORTHEAST TRUNK STORM SEWER PHASE 2 - LETTING NO.3, PROJECT NO. 07-03 (h) CONSIDERATION FOR APPROVAL OF AUTHORIZING REPLACEMENT OF ROOF AT EMERGENCY OPERATIONS CENTER . (i) APPOINTMENTS/REAPPOINTMENTS TO TREE BOARD . LAURA POSER TO APRIL 2009 (UNEXPIRED TERM OF MARV NISSEN) . COREY STEARNS TO APRIL 2009 (EXPIRED TERM OF TIM SMITH) . NEWT POTTER TO APRIL 2010 (REAPPOINTMENT) . DALE REDETZKE TO APRIL 2010 (REAPPOINTMENT) . MAYOR STEVE COOK (COUNCIL REPRESENT A TIVE) Action - Motion to approve consent agenda 7. PUBLIC HEARINGS - 6:00 P.M. - NONE 8. COMMUNICATIONS, REOUESTS AND PETITIONS (a) UPDATE ON RECREATIONAL VEHICLES ORDINANCE RESEARCH - REBECCA BOWERS Action - (b) PRESENTATION OF POTENTIAL LOCAL OPTION SALES TAX FUNDED PROJECTS Action - 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF STATE OF MINNESOTA GRANT AGREEMENT FOR THE HUTCHINSON DAM REPLACEMENT PROJECT . 2 CITY COUNCIL AGENDA -JULY 24, 2007 Action - Motion to reject - Motion to approve . NEW BUSINESS (a) REVIEW OF CITY OF HUTCHINSON 2006 YEAR-END REPORT AND CONSIDERATION FOR APPROVAL OF ACCEPTING AUDIT REPORT Action - Motion to reject - Motion to approve (b) CONSIDERATION OF AMENDING SECTION 154.067 OF THE ZONING ORDINANCE ADDING SCHOOLS TO THE CONDITIONALLY PERMITTED USES IN THE 1-1 (LIGHT INDUSTRIAL DISTRICT) WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (4-2 VOTE) (ADOPTING RESOLUTION NO. 13241 AND WAIVING FIRST READING AND SETTING SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0467 FOR AUGUST 14,2007) Action - Motion to reject - Motion to approve ( c) CONSIDERATION FOR APPROVAL OF SETTING DATE FOR ANNUAL CITY RECOGNITION EVENT Action - Motion to reject - Motion to approve (d) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR THE HUTCHINSON DAM REPLACEMENT - LETTING NO.2, PROJECT NO. 07-02 Action - Motion to reject - Motion to approve .. MISCELLANEOUS (a) COMMUNICATIONS 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13.ADJOURN . 3 . MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 10,2007 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 Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION - Rev. Adam Krumrie, Shalom Baptist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JUNE 26, 2007 (b) BID OPENING MINUTES OF JUNE 28, 2007 (FARMERS' MARKET PAVILION) Motion by Haugen, second by Stotts, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEP ARTMENT 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 ~l0 CITY COUNCIL MINUTES - JULY IO, 2007 LIMITATIONS (SECOND READING AND ADOPTION) . (c) CRNSIDERA TION FOR APPROVAL OF SITE PLAN FOR CUSTOMER ELATION CALL CENTER ON 5 AVENUE SE (APPROVE RESOLUTION NO. 13236) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM 3 .2 MALT LIQUOR LICENSE FOR MCLEOD COUNTY AGRICULTURAL ASSOCIA TION 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 (FALL 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 0) 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 Items 6(i), 60) and 6(k) were pulled for separate action. Motion by Stotts, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(i) had further discussion. Mayor Cook noted that he has concerns about entering into this agreement with the expiration date being November 30, 2008, when the bids have not even been opened yet. Motion by Haugen, second by Arndt, to table this item to July 24, 2007, to allow time to receive and open the bids. Motion carried unanimously. Item 6(j) had further discussion. Mayor Cook noted that the bids came in much higher than estimated. Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt noted that the EDA had estimated that the project would run around $175,000. The lowest base bid came in at $242,000. Because of the high bids, the EDA is shelving the project and is requesting the Council to reject all bids. The EDA will research various locations to move the Farmers' Market to. Motion by Cook, second by Arndt, to reject all bids related to the Farmers' Market Pavilion. Motion carried unanimously. Item 6(k) had further discussion. Dan Hatten, Police Chief, presented before the Council. Chief Hatten noted that last year the Council approved a pawn shop ordinance which included a $1.50 transaction fee. This action item is to include the transaction fee on the City's fee schedule. . 2 ~L~ CITY COUNCIL MINUTES - JULY IO, 2007 . Motion by Stotts, second by Haugen, to approve item 6(k). Motion carried unanimously. Miles SeP12elt, EDA Director, presented before the Council. Mr. Seppelt noted that a couple of meetings ago the Council acted on adopting a modification ofTIF District No.4 and establishing TIF District No. 04-15. Mr. Seppelt has been notified that this action must be taken via adoption of a resolution. Motion by Stotts, second by Cook, to adopt the resolution modifYing TIF District No.4 and establishing TIF District No. 04-15. Motion carried unanimously. 7. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ISSUING ON-SALE INTOXICATING & SUNDAY LIQUOR LICENSE TO LITTLE CROW BOWLING LANES, DBA HUTCH BOWL, LOCATED AT 1150 HWY 7 WEST Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to approve on-sale intoxicating and Sunday liquor license to Little Crow Bowling Lanes at 1150 Hwy 7 West. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO.07-0466 - A SELF-PERPETUATING ORDINANCE ADOPTING BY REFERENCE THE MINNESOTA STATE BUILDING CODE . Rebecca Bowers, PZB Director, presented before the Council. Ms. Bowers explained that a new state building code has been adopted. The ordinance for consideration would allow the City to enforce the most current version of the state building code. This is different from the City adopting the state building code by ordinance each time a new building code is adopted by the state. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to waive first reading and set second reading and adoption of ordinance no. 07-0466 for July 24,2007. Motion carried unanimously. 8. COMMUNICATIONS, REQUESTS AND PETITIONS (a) FORESTRY UPDATE BY MARK SCHNOB RICH, CITY FORESTER Mark Schnobrich, City Forester, presented before the Council. Mr. Schnobrich reviewed the 2007 projects which include the HUC energy tree planting, boulevard tree planting in new developments, boulevard tree replacement plantings, diseased elm tree removal and provided an invasive pest update. General discussion was held regarding diseased elm tree and the watering of trees. 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) CONSIDERATION OF REQUEST BY ACOMA TOWNSHIP TO PURCHASE SURPLUS EQUIPMENT . John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that he has been approached by Acoma Township officials with a request to purchase a surplus plow truck from the city. The appraised value of the truck was estimated at $4800-$5000. Mr. Olson requested that the Council approve 3 !iL~ CITY COUNCIL MINUTES -JULY /0, 2007 . the sale of the plow truck at the price of $4800. Motion by Arndt, second by Haugen, to approve selling the surplus plow truck to Acoma Township. Motion carried unanimously. John Olson provided a brief mosquito-spraying update. (b) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR THE SCHOOL ROAD PEDESTRIAN UNDERPASS CONSTRUCTION (LETTING NO.1, PROJECT NO. 07-01) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this is for work on each end of the structure which includes trunk and lateral storm sewer, grading, aggregate base, bituminous paving, landscaping, restoration, lighting, retaining walls, ornamental railing and appurtenances. The low bid came in at $458,237.01 by R&R Excavating. City Excess Bond Funds in the amount of$264,559.52 ($250,000 which was previously approved) and State Aid funds in the amount of $576,920.611 will be utilized. For the years 2008-2009, the project will be cash flowed internally until the Federal aid funding in the approximate amount of $296,000 IS received. Motion by Arndt, second by Haugen, to approve awarding bid to R&R Excavating for construction of School Road pedestrian underpass project. Mayor Cook noted that the Resource Allocation Committee has suggested that staff research the feasibility of a bike lane being striped from Rolling Oaks Lane to Golf Course Road. Motion carried unanimously. ( c) CONSIDERATION FOR APPROVAL OF SETTING LIQUOR LICENSE VIOLATION HEARINGS . Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that earlier this year, five establishments within the City of Hutchinson failed a liquor license compliance check. These establishments were American Legion, Victorian Inn, Pizza Hut, Applebee's, and Lamplighter. Mr. Sebora noted that he has spoken with the American Legion's attorney who has agreed to the sanctions ofa three day suspension of their liquor license as well as pay an administrative penalty of$750. In addition, the American Legion has implemented several measures to assure better compliance related to the sale of minors. The Victorian Inn was under different ownership at the time of the alleged violation, therefore no sanctions will be imposed upon the new owner. The remaining establishments have requested hearings be conducted. Motion by Stotts, second by Arndt, to accept the sanctions imposed on the American Legion as indicated above. Motion carried unanimously. Motion by Stotts, second by Arndt, to set liquor license violation hearings for July 31,2007, at 4:00 p.m. at the City Center for Pizza Hut, Applebee's and Lamplighter. Motion carried unanimously. (d) DISCUSSION ON POLICY GOVERNANCE Mayor Cook explained what policy governance is, which is a comprehensive set of integrated principles that, when consistently applied, allows governing boards to realize owner-accountable organizations. It is not a specific board structure, it is not a set of individual "best practices" or tips for piecemeal improvement, it does not dictate what a board should do or say about group dynamics and It does not limit human interaction or stifle collective or individual thinking. The mayor asked if the Council is interested in moving forward with developing a policy governance document. If so, he would invite board representatives from other entities to sit in on future sessions. Tom Thelen, LMC, presented before the Council. Mr. Thelen happened to be in attendance at the first policy governance workshop that was put on in Hutchinson. He commended the Council on looking at a new way of doing things. Mayor Cook will put together another presentation for council members to attend. .. MISCELLANEOUS 4 SL:) CITY COUNCIL MINUTES - JULY IO, 2007 . (a) COMMUNICATIONS Gary Plotz - Mr. Plotz noted that the finance director has requested a Council workshop to review the debt study completed by Ehlers & Associates and to review other debt services issues. Motion by Stotts, second by Haugen, to set Council workshop for August 14, 2007, at 4:00 p.m. Motion carried unanimously. Mr. Plotz also noted that some items were not covered at today's workshop concerning the compost facility. He requested setting a y, hour session to further review these items. . . Motion by Cook, second by Stotts, to set continuation of compost facility workshop for July 31, 2007, at 5:30 p.m. Motion carried unanimously. Mayor Cook - Mayor Cook suggested implementing cost accounting as part of the general fund budgeting of the city for 2008. Mayor Cook noted that cost accounting accounts better for where tax dollars are going and where efficiencies could be improved. Staff will establish a list of areas that could be considered for cost accounting and bring back a report to the council identifYing how much staff time will be involved. The Council can than decide if they wish to move forward with implementation. General discussion was held regarding water usage and quantity available. Mayor Cook suggested looking at what the impact would be if specific usage timeframes were implemented. Kent Exner suggested encouraging good watering habits to the users. Mayor Cook asked staff to provide a list of potential projects to be used with local sales tax funds and provide a report at the next City Council meeting. Mayor Cook also noted that a meeting is trying to be scheduled amongst mayors throughout the state to discuss the impact of the vetoed tax bill. Mayor Cook noted that it had been suggested that the city research whether or not the physicians would be interested in buying Hutchinson Area Health Care from the city. Mayor Cook noted that awhile back the physicians had voiced that they were not interested in buying the hospital. In addition, a lease agreement and other governing documents have been drafted and are ready for final consideration. Motion by Arndt, second by Cook, to move forward with privatization as currently posed. Motion carried unanimously. Motion by Arndt, second by Cook, to set Council workshop for July 31, 2007, at 6: 15 p.m. to review the privatization documents with Paul Torgerson, special counsel, subject to his availability, with a back-up time for August 14,2007, at4:00 p.m. The workshop previously scheduled for August 14,2007, on debt service may need to be moved. Motion carried unanimously. 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Stotts, second by Arndt, to approve claims, appropriations and contract payments. Motion carried unanimously. 13. ADJOURN Motion by Arndt, second by Cook, to adjourn at 7:20 p.m. Motion carried unanimously. 5 S(~ . . . BID OPENING LETTING NO. 1/PROJECT NO. 07-01 School Rd. Pedestrian Underpass 7/9/07 at 10:00 a.m. Present: Gary Plotz, City Administrator Kent Exner, City Engineer Melissa Starke, Recorder The Bid Opening was called to order at 10:00 a.m. by Gary Plotz. Mr. Plotz noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities. Publication No. 7484, Advertisement for Bids was waived and the following bids were opened and read aloud: Duininck Bras Inc. 408 6th S1. P.O. Box 208 Prinsburg, MN 56281-0208 Base Bid: $489,028.05 R & R Excavating Inc 1149 Hwy 22 South Hutchinson, MN 55350 Base Bid: $458,237.01 Closed: 10:06 a.m. ATTEST: Steven W. Cook Mayor Gary D. Plotz City Administrator 5L0 . . . City of Hutchinson - Public Arts Commission April 19, 2007 4:30 PM, City Center Regular Meeting Minutes Members Present: Tom Wirt, Terry Kempfert, Joanne Wilmert, Mayor Steve Cook, Dolf Moon, Rebecca Bowers, LuAnn Drazkowski Tom Wirt called the meeting to order at 4:35. Minutes from the March 15, 2007 meeting were approved. MPS Dolf/Rebecca Old Business: . Reviewed the latest draft of the PAC Policies & Procedure. . Discussed edits to the document . Outstanding items from March meeting: o Going forward, the Public Arts Commission will probably meet quarterly and provide a yearly update to the city council. o Need to create an informational brochure for prospective donors by April (Tom) New Business: . Prepare PAC document for submittal and endorsement by Council: o Apply edits (LuAnn) o Make last revisions and submit to Marc S. for review (Rebecca) o Target June 12 Council meeting to present . Develop a standard form for Project Proposal (Rebecca) . Make a courtesy presentation to the Council at the May 22 meeting (Tom) Meeting adjourned. MPS LuAnn/Joanne Next Meeting: Thursday, May 17, 4:30 pm at the City Center. Co (6.-) \ . . . City of Hutchinson - Public Arts Commission June 21, 2007 4:30 PM, City Center Regular Meeting Minutes Members Present: Tom Wirt, Joanne Wilmert, Dolf Moon, Rebecca Bowers, LuAnn Drazkowski Tom Wirt called the meeting to order at 4:50. Minutes from the April 19, 2007 meeting were approved. MPS Joann/LuAnn Old Business: . Tom presented to the Council on May 22 . Request for any updates to the Pubic Art Inventory Spreadsheet New Business: . Mayor Steve Cook, Tom, and LuAnn met June 11 to discuss the transition into the permanent commission function. Notes from the meeting were provided to the Commission in attendance. . Discussed recruiting for the permanent commission o Brainstormed the assorted skill-sets that could comprise the five-member commission. They included: current PAC member(s), architect, Historic Hutchinson rep, professional artist with a global perspective, SWIF rep, and/or a diversity component o Current PAC should submit prospective candidates to Mayor Steve Cook o An ad may be used to recruit candidates . Mayor Steve Cook will make contact candidate and make commission appointments. This would be followed up by Council ratifying. . Anticipate a September start up of the permanent PA Commission. Members of the current PAC should be available at the first meeting to provide introduction into the commission intent and recommendations of where to start. . Tom will contact the Hutchinson Leader for an editorial and article as promotion of the public art subject and the role of the PAC. . Tom shared an idea to growi Hutchinson as a destination and identity of "Prairie Art" and the impact the future PAC could play with this theme. . Discussed sources of funding and consultation through FORECAST Public Artworks, and access to States Art Board and McKnight Foundation. . Dolf commented the permanent PAC should develop a Parkland Dedication percent for arts resolution before the calendar year end. Meeting adjourned. MPS JoannefTom No further meeting scheduled at this time. ~ la--) \ Minutes Hutchinson Public Library Board May 21. 2007 . Members present: John Paulsen. Guy Stone. Abby Dahlquist. Janet Vacek, Ann Vance, Bev Wangerin. Pioneeriand Library System (PLS) representative. and Mary Henke. Ex-0fficio. Members absent: Yvonne Johnson and Kay Peterson Vice-President John Paulsen called the meeting to order. Ann Vance moved to approve the minutes with Janet Vacek seconding the motion. Motion passed. Reports: 1. Library LeQislative Dav: Mary talked about Library Legislative Day visits on March 28.2007. A group representing the Mcleod libraries and PLS met with Senator Steve Dme and Rep. Ron Shimanski to discuss library issues and the need for additional funding. 2. PLS Board: Bev Wangerin updated us on the last 2 PLS board meetings on April 19 and May 17. Bev who is on the PLS Finance Committee gave an overview of the financial situation facing PLS and feels "the state needs to step up to the plate" with library funding. . Old Business: 1. New Board Members: Guy Stone. a retired clergyman. moved here in 2002 and is interested in community involvement with the library. Abby Dahlquist. a Hutchinson native who came back in 1992. works at HTI and has done volunteer work at the library in the past. 2. Will Weaver proaram on April 19: We had a great tumout of 75 people. Be on the look out for a future speaker for next year. 3. Municipal Benchmarks and Minnesota Library Standards: The Hutchinson library regularly draws people from a 30 mile radius. As Board members, we need to review the materials to given to us and use what's important. John. Mary and Ann will review and report back. 4. Mcleod County Commissioners' Presentation on Mav 22. 2007: Mary and the 3 other Mcleod County librarians will share information about library usage and financial support needed in a 30 minute PowerPoint presentation. Board members are welcome to attend. New Business: 1. Election of officers: Guy Stone moved that John Paulsen be elected President and Ann Vance. Vice-President. Ann seconded the motion and the motion carried. Janet volunteered to continue as Co-Secretary and Yvonne was elected to share the position. 2. Wireless Internet Access: The PLS IT Department installed wireless access last week. Patrons will register on their laptops and the staff will be able to monitor the number of people accessing it. The wireless access will only be available during library hours and there will be a 2 hour limit/person. Mary will advertise this new service. 3. 2009 City and County Budqet Reauests: There will be a 6% increase. 4. Children's summer Proqrams: Sherry Lund. the Children's Librarian. will give a report next month. The next meeting will be on Monday. June 25 at 4:30 p.m. The meeting was adjourned. Respectfully submitted. Janet Vacek, Co-Secretary . LP lo.-'):J... . MINUTES HUTCHINSON PLANNING COMMISSION SPECIAL MEETING Monday, July 2, 2007 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Vice Chairman John Lofdahl at 5:30 p.m. with the following members present: Vice Chairman John Lofdahl, Jim Haugen, Mike Flaata and Farid Currimbhoy Absent: Chris Kovacic, Christie Rock and Chairman Lynn Otteson Also present: Rebecca Bowers, Planning Director, Miles Seppelt, EDA Director, and Bonnie Baumetz, Planning Coordinator 2. CONSENT AGENDA a) Consideration of Minutes dated June 19, 2007 Mr. Flaata moved to approve the consent agenda as submitted. Seconded by Mr. Currimbhoy. The consent agenda was approved unanimously 3. PUBLIC HEARINGS . a) SITE PLAN REVIEW FOR CUSTOMER ELATION CALL CENTER ON 5TH AVENUE S.E. Ms. Bowers explained the proposed site plan for the 22,200 sq. ft. call center building. She stated EDA submitted the application. She commented on the location and zoning. The property is zoned 1-1 and located south of Warrior Manufacturing property. She commented on the updated site plan and explained possible future expansion. She explained Arch Street is a gravel surface. Half of Arch Street is in City limits and half is a Township road. She commented on concerns by the property owner to the south to allow trucks exiting on Arch Street. She reported the turn-around for trucks will not work on the site and the City Engineer wouid recornmend a "right out" on Arch Street. A 30' access drive will be allowed off 5th Avenue S.E. She commented on the landscape plans and her discussions with the City Forester. Additional calculations for storrnwater ponds must be provided to the Engineer. Ms. Bowers commented on the conditions as follows in the revised resolution: . 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 l2Lfl)3 Minutes Planning Commission - July 2,2007 Page 2 . 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. 5. Future development of the westerly parcel must access 5th Avenue at the current Arch Street location, which will provide the second access for expansion of the building. No additional access onto 5th 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 requirements. 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 giare to adjacent properties. 11. SACIWAC 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. . Discussion followed regarding only allowing semi-truck traffic to exit onto Arch Street. Smaller delivery trucks would use the 5th Ave exit. There was also discussion on the landscaping of the property. This property would have more landscaping than required with the screening necessary along the south property line. Ms. Bowers explained the property will be EDA property and leased to the call center. There was further discussion regarding a berm on the south side of the property. Discussion followed on the parking space sizes and drive aisles. Mr. Reisnour stated the parking spaces will be 9 feet wide. He expiained there is expected to be less than one truck per week using the Arch Street exit. Mr. Seppelt explained the accesses from Warrior Mfg. He commented on the parking needed and the overlapping shifts. Mr. Seppelt stated the first soil borings were good. He commented on the time line. He explained the project will be bid the first week in August. . It l~Y~ . . . Minutes Planning Commission - July 2, 2007 Page 3 4. Mr. Flaata made a motion to recommend approval of the request with staff recommendations 1-12. Seconded by Mr. Currimbhoy, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held July 10, 2007 in the Council Chambers at 5:30 p.m. NEW BUSINESS 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF Ms. Bowers commented on the July 17th agenda. 7. ADJOURNMENT There being no further business the meeting adjourned at 5:48 p.m. ~lO--D . . .3/2007 10:11 AM . . .12007 10;12AM PRELIMINARY & TENTATIVE r HUTCHINSON AREA HEALTH CARE Stalemenl of Revenues and Expenses Month and Period Ended June 30, 2007 CURRENT MONTH YEAR. TO.DA TE YEAR.IO.DATE Over (Under) 8udoet Over (Under) Budget VARIANCE % Revenue Actual Budoet Dollars Percent Actual BudQet Dollars Percent June 2006 2007 vs 2006 1 In palient revenue $3,172,026 $3,997.706 ($825,678) -20.7% $21,902,414 $23,636,080 (Sl,733.66?) .7.3% $22,191,021 .1.3% 2 Out patient rever'lue 5,201.700 5,974,456 (772,756) .12.9% 31,582,261 34,172,014 (2,589,754) -7.6% 31,751.334 -0.5% 3 Resident Revenue 742770 701,271 41.499 5.9% 4,434,806 4,164,556 270,250 6.5% 3,870.337 14.6% 4 Tota! patient/resident revenue $9.116,498 $10.673,433 ($1,556.936) -14.6% $57,919,481 $81,972,650 ($4,053,170) -6.5% $57,812,892 0.2% Discounts 5 Governmental & POlicy DIscotml 4,428,596 5,190,105 (761,509) -14,7% 27,467,543 30,072,717 (2,605,174) -8.7% 28.055.667 -2.1% 6 C"arity Care 2,971 20.833 {17,8621 -85,7% 66.840 125,000 (58,1601 -46.5% 93.759 -28.7% 7 Total deduction from revenue $4,431,567 $5,210,938 {$779371) .15.0% 527,534.383 $30197,717 ($2,683,334) ..8.8% $28,149,427 -22% 6 Net patient/resident revenue 54.684,931 $5,462,495 ($777,584) _14.2% $30,385,097 $31,774,933 ($1,389,836) -4.4% $29,663,265 2.4% 9 Other operating revenues 77,612 100,563 {22.951} -22.8% 544.493 592,858 (48,365) -8.2% 581,155 -6.3% 10 Net operallng revenue 54,762,543 $5.563.058 ($800.515) -14.4% $30,929,591 $32.367,791 ($1,438.2011 -4.4% $30,244,420 2,3% ~ 11 Salaries $2,485,325 $2,476,275 $9,050 0.4% $14,766,334 $14,691,462 $74,872 0.5% $12,889,593 14.6% 12 Employee Benefits 529.468 580,035 (50.568) -8.7% 3,128,524 3,463,259 (334.735) -9.7% 3,36.3,018 -7.0% 13 Professional and Medical Fees 414,575 433,825 (19.250) -4.4% 2,155,M5 2,591,850 ("..155) -16.8% 3,443,070 .37.4% 14 Utllities, Mtnce Contracts & Repairs 244,704 244,185 51. 0.2% 1,376,083 1,357,825 18,258 1.3% 1,368,853 0.5% 15 Food. Drugs & Supplies 696,145 804.884 (106,739) -13.5% 4,304,143 4,648.415 (344,272) ~7.4"10 4,484,939 -4.0% 16 Other expense 188,471 174,619 13,852 7.9% 984,731 1,050,957 (88,226) .6,3% 956,539 2.9% 17 Minnesota Care 103,461 77,618 25,843 33.3% 422,863 465,711 (42,848) .9.2% 322,960 30,9% 18 Bad debt 101,354 127,679 (2..325) -20.6'% 1,062,128 766,070 296,058 38.6% 497,8ee 113,3% 19 Interest 68,762 60,049 6,713 11.2% 370,836 364,531 6,305 1.7% 384,237 .3.5% 20 Depreciation 308,835 319,415 (10,580) -3.3% 1,898.193 1,673,853 24,340 1,5% 1,486,800 14.2% 21 Total expenses $5,139,100 $5,298,584 (S159,484) -3.0% $30,269,530 !31,073 933 ($804,403) -2.6% $29197,872 3.7% Excess of net operating revenue 22 over (under) operating expenses ($376.556) 5264,474 ($641,032) -242,4% $660,061 $1,293,859 (SG33,797) -49.0% $1,046,548 -36,9% Nonooo(atino Revenues 23 Investment income $53,632 $41,513 512.119 292% $295,477 $249,075 $46,402 18.6% $290,207 1.8% 2' Other nonoperating revenue (net) 44,609 30,198 14,411 47.7% 171.045 178,508 (7,464) .4.2% 106,199 61.1% 25 Plaza 15 tncome I (Loss) 8,933 (8,979) 17,912 -199.5% (44,191) 11,267 (55,458) -492.2% 53,335 -182.9% 28 Total nonoperaHng revenue $107,174 562,732 544,442 70,8% $422,331 $438 850 ($16519) -3.8% $449,740 -6.1% 27 Net Income ($269,384) $327,206 ($596,590) -182.3% $1,082,392 $1,732,709 ($650,316) -37.5% $1,496,289 -27.7% 28 Patient days 766 852 (86) -10.1% 5,122 5,348 (220) -4.2% 5,187 -1.3% 29 Percent ocwpancy - budgel beijs - Hospital 41.9% 46,6% -4.7% -10.1% 46.4% 46.4% ~2.0% -4.2% 47.0% -1.3% 30 Percent occupancy-budget beds - Nursing Home 95.5% 93.9% 1.6% 1.7% 96.5% 93.7% 2.6"1. 3.0% 95.3% 1.3% 31 HE's 508.7 519.3 (10.5) -2.0% 493_2 519,3 (20.1) -5.0% 5t8.4 -<4.9% 32 Admissions (adjusted) - Hospital only 538 023 (0.) -13.6% 3,542 3,769 (227) -6.0% 3,874 -3.6% 33 Expenses (net) per admission (adjusted) - Hospital only 8,196 7,265 931 12.8% 7,227 7,011 216 3.1% 6,695 7.9% 34 Revenue per admission (adjusted) - Hospital only 15,473 15,927 (454) .2,8% 14,981 15,259 (278) -1.8% 14,609 2.5% 35 Net Reveflue per admission (adjusted) - Hospital only 1,536 7,778 (242) -3.1% 7.476 7,458 18 0.2% 7,134 4.8% 3. Discounts as a percent of revenues 48,6% 48.8% -0.2% .().4% 41.5% 48.7% -1.2% -2.4% 48,7% -2.4% 31 FTE's per 100 admissions (adjusted) - Hospital only 5.87 5.29 0.59 f1.1% 5.14 5.25 -0.f1 -2.0% 5.11 0_6% 3. OaY$ in Net Accounls Receivable 53.7 60.0 ".3 -10,5% 54.2 -0.9% 3. Operating Margin Percentage .7.9% 4.8% .12.7% ,266.3% 2.1% 4.0% -1.9% -46.6% 3.5% -38.3% ~ 40 EBIDA 2.2% 12.7% -10.5% -82,4% 10.2% 11.7% .1.5% .12.5% 11.1% -8.5% r-- ~ FINST/I. .lds J:- Psm Lal" C~ 2007 c--~---:T~-==~::::---~- _,~I!X OFiiUTCtiiNSON FINANCI~L-R~PORT-~=-~------ ,JUNE. ... ;~~-! . ... '. 2006'. ... 2007.. .....2007: .. 20072007.. JUNE, [R~~=l!~rE!,Q.R_T:~ENER~Li~ J~~~ -~~~~~:DATE y:tful~L-A~~~~~~! _ _.R:~fN1~~~~R~EB:l~~~ : .. -:--- ----------,---------------+..------------ I --~.----._.--------~-------- --- - : -- - - --r- --.- ! ~~~~~i~A~D-F~~+.~- _=-~~-.i-1,:%},i~~~ ....j~:~;~.~lr.3:~~1!~E3~t!~e~~I~~=: IINTERGOVERNMENTp,L REVENUE 95,503.32 77,504.96 ' 126,658.28.i __2~764-'-4?1.0L..1,631791flL--j,580/" l.CI'~RG ES.FOR SER\/IC ES : 647 ~J8~_2~76'419'83 ~_ 685,652.94 .1,69Q,312 00 _ 1.004,659,Q6 ____~O 5.6% iFINES~.~"EEI~,. _~_] 21,0~~,~3. _ 4.73316~ _ 23,182.75 _68,000 OO_~~_ 44,817.25 340,90/" L'I-JIERESTL ___ ' _ __ _: ~ _ (9,559.45) _ _ ..l8.5,5ZJ~845. 00t---.20.000 00 _ _ 7E3,842.00 .977')" ,REIMBURSEMENTS i_M i~__.148,412.72 i __1,141.43 i 116,910~_~90,11.6..QOl ~1Z.3,205,43 ,___ 40.30% ITRANSFER~_~__~___ . 288,435.15.2,066.50' 292,148,~h613.100co.ll...' 1,38.Q,9_51.40i._ _...E,4.6.0/0. jSURCHARGES. BLDGPERMITS i 294.431~_ (2,557-:77j1 ___65.95 '. ... ..._~5.oO..oO.. _... ~ 4~405L_._____ ITOTAL__-- 1 . 3.194,096.021 283.78360, 1,394,261.11 10,726,244.c00!.u9.331,9..8~.89L_ 13,000/0. r-- . ______---r------__._..___~_.,._.w '-'--- I __.'.__n_'__' . ______u___'..... ... -----r . _n___ ..n__ I I :==---===---=--=- + - -- -l:==---==---~~~-::-~-=---~ m.__~-=--=___ _=-;~--- !--~07 -- --~ ~ - ... ~~_---j__~_.~ CITY OF HlirCHINSON FINANClALREPORTT----. .~ ._n__' ,JUNE ---;--~ ! 2006 2007 20071-- 200j'~ . -;f007' JUNE iEXPENSEREPOiIT-. GENE~L ---r-u- JUNE .. JUN(--YEARTOf---ADOPTED I BAI..ANCE~ERC-ENTA~GEi . , YTD MONTH DATE ACTUAcl-----sUDGET1-- REMAININGr~--USED: i-- - --+ ~.,--- -- .. --------T-.. ....----.--.----.....- -l----.--..... . ..---...-.-..-------.---~--"--". ....-! !001MAVOR& ciwckuNClc- ..nl::::-34,Oi5:26T ~- 2,86818. ::9; 21.2J=--60,1_9800r.:- 21.07i~~~-=-:~4~9~i : 002 CITYADrV1INjsTRATOR .!-142,658.03 i . 26,i80.8:):'- 16~8,938:31 ,_341,142.00.-= 172,203:69j~_j~52%i [OQ3::EIEi::-TION~____ J 8.151.76 715.46J 2.375.00' -1:659.60! 3012%, i .004~ fINANc;IO.DEP ARTMENT_ . In ..2(j2;556.97 _L..B:54f1 1.' :....2..6.~,~67 :iO-! ----SS4,932Ao'( . 318}649Q'-__j559.'I.l 1005 MOTOR VEHICLE 101,4~,95j 18,157J~_._103,875.4~nL....2.0.1,82_5.0Q. 97,949.52 : 51.47'/..1 :o66ASSESSING ---~T , 51 ,8.'lQ.00 5T840.~00 T __0,00%, iOO7LEGAL 1____=- i - 83,294~41l-T5,139.io n 85.99609;-201,73400ii5,,73'79r1 42.63% [Q08.l'LAN.NlN(3_ J____u.. 75.05568..L__!2.725.9iJ::::- 83..!05,96T178~91000 . 95,80404 un 46:45-%' i 009 INFORMATION SERVICES.. 75,013,50:. 18,609.58' 121,274.20T 260,503.00 39,228.80 46.55% .11.-iO. p. OLlCE DEPARTMEN.T. -.' -.... n --1,29.2,145.01'--221,312.M:i,:ja~j,838.17 '....2:9.19,5930.0.... 1,531,754834,7540;;, !115EMERGENCY MANAGEMEN"-- 3,85084 49204~ ------g,954:30'-u19,000.00: ~ -9,045.70 . 52c39~' (1-16SAFETYCOMMln'EE- . .... -'--7,23401'- . 14.89 '9J1647T2-0;~7~00 ,1!,258.5~J nn4~74% !-126}!RE DEPAF<TME-NT':::::::::::::=L_143,85755 ,-::35:030.35 ' ~17_3,,2.6645~r-:434,~1 0,00.. 261.243,5~ ,_~_~.l9.88~/o! i1.30.PROTECIIVE INSPECTION:> ..n..1QO~218.51 L...17,01.!l,69,. 113,347,6~L.16J.359()0 154,0.!L38~J___4.24.00/0.' 11.50 ENGINEERIi'l<3.. L .~__~_..J__272,24!49.L__40,215.7.0__219,121.64 '607..21~00 ,~__.378,096,36: . ~_ 37.73%1 . 152 STREETS&ALLEYS. . 568.144.91! 173,176.04 718,761A1 1,268.242.00, 549.480.59, 56.67%, L160CfTYHALLBiJlCDIN(j. . . L _70,26638 L_16,!l5357_~62,743~L:::155,49900J92~75~-.-18I:_=::_40350&': ,201 PARK/RECREATION ADMINISTR' 95,649.84' 13,742.31 102,261.82 202,557.00 100,295.18: 50.49%' I5.Q~BE~REATI01-J.----r:::::::::::__...;__Jl9,23000nl -35,3404L-114,3-3629-n,207,97o..().Qn . 9..3.,63371~----54:98'&! ! 203 ~E~NLOfl CITIZEN. CENTEB.___ .~. .. 45..826.01 ! 5,493.72 i. . _.39,521A8 I n5.9~397.00 19.875,~L__~__66.54'/' '204 CIVIC ARENA . -! - 161,561.21 11:156.45!. 150.47093' 299,265.00 148,794.07 5(),28'10 '_2.Q]:':P.hBKDEPAFlTMENT -~~.. "-n~36j;g8-6'T9'. 8T1oT09~--3i7,30122r--n 831,57900.. 454)77.18___--"~3'i% ,2QLR~GREATlof.fBUILDING&P601 60,224.12 16.306.15' ~7T793:45, 134,45000.. 56,656.55 . ___57.86% . ......._.__..... ..__________~_ _..________ ---------- --t. ---..-------.-, --....---........ ------ _20IJ=-'/Ei'lTS CENTER . - 103,423.14 17.184.59.. 121,115.74. 234,410,00' 113,29426 51.61.0/0.. ~o.8.EVEflfiR_EENI'-UTL.b.INJ3__ .. -- nun ::a-:-16~.88 __713-:3!l~-~:::'5,6.9.144T::':1~00000 10,308.56j3557% 250 LIBRARY . u~m___ 76,64458 ! . ...-2: 155.49 ~ 85.401.93'. 175,634.00 . 90,232.07 48.62% -301 CEMETERY 166~416.82 T . 10,36i.5n-- 67,046.96__142,i6.oOO ' 75,71304. 46.96% .3.10 DEBT SERVICe-_n 2,7912sr-- --- i . n___. . 25:00000' 25000000cOO% , 320 AIRPO'BT::-'. .. .. 5(969.6~r~::.. 4,85767.. ~ 42:[23~_. -103,017.00 60,49338 4128_0/.. 350 UNALLOCATED GENER!oL EXPE, . 137..o,9~\I5_L 9,75542 240,7.5.0.01 718,950.00 478.19999 ~3.490/,,- TOTAL L 4,455,20447.: 833Jaio(4.998,058.51! 1.0,726,244.00 5.728,18549. 4660% . ~ k').S ~~-=---'2005T:~-~_==-!-~'''--~~~--=-"--- CITY OF HUTCHINSON FINANCIAL REPORT ",-~~-- J_UNE L _ ~--_n-:--::--=--200!--=-=--2(i07-i- -:j~07, 2007--- --206f~ -- - iREVENUE~EPORT~GENE~~______!,CT_UALi_ ~UNEi:_YEAR TO: ADOPTEI)~ BALANCE PERCENTAGE ______ ! _ Y_e~,. to Datel.__MONTH_DATEACTUAL, _..lllJI)GETj REMAI~IN(31__lJSED_ .ITAXE~:--:-:_ . . +==::: 1 ,i53,05519t::-,--:::=:-~0(==:-,::::==g~00_, 3,800]6,500 .L:-3,ao]),@-:Qo-t:::: OOO'loJ : LICENSES 41,440.50 i 533.00 34,698,14 i 48,400.00 13,701.86 i 71.69%. ,PERMITSAND'FEES .. --.-- 207,530.31T .., -23,75692""121 ,7858~320)60.60 "198,914,Wc--- 37.98% INTERGOVERNMENTAL-REVENUE' -95,50332 r-~77~5il496'---126,658.28. i .2,764~5100 :-2;637;792-:72 ___--- 4.58%j CHARGES FOFfsERVICES .-------647,918~176;419.83 -685~65294 ,-'{S90,31200T'i,06(S59.061 - 40.56'10, FINES~FORFETfs-:_c ---:..1.1 ,0&t63'::::__ -'1,733c 16 _23J82)5]:::68.00000: --44~a17j5I== 3469ot~, Ii'JTER.sST ., . . .. .!92_59,45J..__l.B5.5.7___.(6.B42.0QL_ _70,QOO,OO. __ 76,.842.00 '__ _ -9,77% .REIMBURSEMENTS 148,412.72 1,141.43 116,910.57 290.116,00' 173.205.43: 40.30% ,'________________ __, ________ ______ .____________ - __n______ _____m_________ ------1------ - TRANSFERS 288,435.15 2,066.50 292,148.60 1,673,100.00 1,380,951.40' 17.46%' ,S,u_RC;HI\F<.<;3ES::-SLDC3PERMITS- ,. ,. ':. 294<\3 -__=ri.S5! 77 J:::':' :esp!;"=::--50600 - , _.. ::"4.34051--=-=--:0 00'70" IT9TAL _ ,.__ 3,194,Q9~()2 _2~3,78360_1,,3.94,2611L_1().726,244.00 .9,331,982,.8.9LJ~.00% ------__. ..-------1 2007 ,JUNE . ' EXPENSE REPORT. GENERAL SUMMARIZED -----i- TOTAL 2006' 2007 2007 __ - n_____ JUNE JUNE_ YEARrO, - YTD,___MONTH; DA!E ACTIJ~Li ________ _____-;_________ ___-------L____ _ _ _ _ ___ __; 792,5.1.B~._ 137,6131,01 '-932,<\3756_1.2,038.95800. ,,1,5.4.7.305,.92 ;_...173.928~98._1c!l93.523.()1 3,660.83700 _ 840~3.9~.40 ~13,39.1.74 . 947c88},05._.J.,875,46000 ' 1,085,919.64' 193,567.18 1,140.941.26' 2,304,022,00 -189,066.57--14,61309- 283,27363'" '846)6700 4,455,,,()4,-47 83~,lB2.00 ",99_8.058.51 10,726,244.00 2007' ADOPTED BUDGET' 2011in JUNE BALANCE PERCENTAGE REMAINING USED General Govt. . PublicS,afety ! Stre_ets_8..Alieys ~p~!~_~~f3~_~~~tion , Miscellaneous .---------------..-- 1,106.520.4o\Ju. 45. 73''''- 1,967,:J1:>,99.1 46,26%. . 9.27,576.(l5~_.:---5054%i 1,163,080.74' . __4:9520/0:' 563,693.37 ! 3345%' 5,728,185,49 , 46.~O%' ----------,--- ---- .. .-----------+-----------. .--~-------- , -+--- --------- . -----+--- ._-------, . /.p Lc>-- 'P CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT . 19-Jul-07 June 30, 2007 Date Date Interest Of Of Institution Description Rate Purchase Maturity Amount US BANK FHLB 4.10% 11/3/2004 11/19/2008 375,000.00 Smith Barney FHLMC med 4.00% 7/30/2004 7/27/2012 300,000.00 step up Smith Barney FHLB C 4.50% 1/7/2004 7/30/2009 300,000.00 Smith Barney FHLB C 4.500% 4/28/2005 10/28/2008 750,000.00 Smith Barney FHLB C 5.010% 4/26/2005 4/26/2010 270,000.00 Smith Barney FHLM-C 5.500% 4/5/2007 4/5/2012 300,375.00 Smith Barney FHLM-C 5.550% 3/1/2006 3/1/2011 500,000.00 Wells Investmen FHLN 5.279% 03/22/06 01/29107 500,000.00 Edward Jones FNMA 5.00% 10/12/2006 11/23/2007 500,000.00 Wachovia FHLB 4.00% 5/22/2003 5/22/2013 300,000.00 Wachovia FHLB 4.00% 6/12/2003 6/12/2013 300,000.00 . Wachovia FHLB 4.000% 6/26/2003 06/26/13 400,000.00 Wachovia FHLB 4.000% 7/16/2003 7/16/2013 200,000.00 Wachovia FHLB step 5.375% 2/14/2007 8/14/2009 625,000.00 step up Wachovia FHMA 5.350% 03/16106 09/14/07 200,000.00 Wachovia FHLB = step UI 5.330% 10/26/06 10/26/09 300,000.00 Wachovia FHLB = step UI 6.000% 06/29/07 06/27/14 500,000.00 step up First Minnesota 5.180% 02/20/07 03/13108 400,000.00 First Minnesota 4.650% 11/21/06 11/21/07 750,000.00 ------------------------- $7,770,375.00 . ~ la0le RESOLUTION NO. 13245 CITY OF HUTCHINSON . RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Underground Fiber 25,000 Connect Event & Rec Ctr Capital Yes Steile Construciton Fund Stainless weirs & $17,990 Installs for Oxidation WWTP Yes B W Welding brackets Ditches 304 Compost Bulk $28,000 Mixture for product Creekside Yes Lynde McLeod Inc 28,000 CY resale ee following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Unleaded Fuel $23,419 Use by MnDOT, Utilities HATS Yes Cenex & City vehicles Siodiesel 17,670 Use by MnDOT, Utilities HATS YES Schmeling Oil & City vehicles Date Approved: July 24, 2007 Resolution submitted for Council action Kenneth B. Merrill by: Finance Director _otion Made By: Seconded By: ~lb)\ . 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 of the 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 ofthe 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 of the optional provisions identified in the most current edition ofthe State Building Code. Section 6. Effective Date of Ordinance. The effective date ofthis Ordinance shall be upon its passage and .blication. (p lb JJ... Ordinance adopting MN Building Code Page two . Adopted by the City Council this 24th day of July, 2007. ATTEST: Mayor Steven W. Cook Gary D. Plotz, City Administrator . . G,lbJ~ . . . MEMORANDUM DATE: TO: FROM: SUBJECT: July 18, 2007 for the July 24, 2007 City Council meeting Hutchinson City Council Rebecca Bowers, AICP, Planning Director PRELIMINARY AND FINAL PLAT FOR JENSEN SECOND ADDITION Backaround: The property owners have submitted a one lot Preliminary and Final plat for Jensen Second Addition. Th.e plat proposes to divide the portion of the property along the river from the existing Jensen home site in order to add it to the lot to the east for construction of a new home. The subject property has had several subdivisions and consolidations. The subject property has two shared drives crossing the property which serve the home to the west. This property is subject to the shoreland district requirements. Additional information is contained in the attached Planning Commission staff report. The applicant originally requested to vacate easements between the two properties, however the vacation is not necessary for construction of the home and will be withdrawn due to the utilities that need to be relocated in order to vacate the easement. As the property has had so many modifications, maps are attached which show the various lot changes over the last couple of years (refer to attachments). PlanninQ Commission MeetinQ: The Planning Commission held a public hearing and considered the request at their July 17, 2007, meeting. Staff explained the complexity of the property history and the changes over the last couple of years (refer to attached maps). Staff stated the subdivision is reallocating land between two home sites and each must not exceed the 25% coverage requirement within the shoreland district. Construction has started on the parcel that was platted in 2006 (recorded in 1/2007), which created a new home site, with the condition that the impervious coverage does not exceed 25%. As the new plat proposes to transfer approximately 17,000 square feet of river front property from the existing Jensen home site to the new home site, it makes the existing Jensen home site lot considerably smaller than it currently is. The proposed plat makes coverage on the existing Jensen home site an issue due to dividing off a large portion of land. Mr. Jensen commented on the history of the property. He no longer needs to vacate the easement and will withdraw the request for vacation. He will provide an easement to the city for the sanitary sewer line to the north He stated he would amend the plat to include a 10 foot strip to the lake which will remain with the original lot so it would meet the requirements. Co (c?J \ . . . City Council Report July 24, 2007 Page 2 of 5 Commission discussion' followed on the original plat being a nonconforming lot. There was discussion on the coverage of the lots. Jeff Rauch, surveyor, explained the location of a 10 foot strip that Mr. Jensen said would be left with the existing home site. Discussion continued on the existing lot coverage and changing the plat. City Attorney Sebora stated the percentages must comply, on both lots, in the end. There was further discussion on the need for the existing lot to meet the lot coverage standards. Mr. Jensen stated if the 10 foot strip is placed back on the existing lot the lot coverage does not have to be met. Staff reiterated that the new plat must comply with current regulations. A survey was requested from the applicant to demonstrate the coverage would not be exceeded, however it has not yet been provided. Chairman Otteson stated this is an opportunity to make both lots conforming. Mr. Jensen stated there are many nonconforming lots on the river in the city. After additional discussion, the Commission unanimously recommended that plat be approved with the following finding and changes to the draft resolution: 1) Condition #3 can be removed regarding the vacation of the utility easement, and 2) adding the finding that the existing home site pass as a nonconforming lot and the plat shall be revised to include the 10 foot strip to the north with the existing lot. Additional Staff Comment After Meeting: As noted in the report, the new plat proposes to transfer approximately 17,000 square feet of river front property from the existing Jensen home site to the new home site, which would make the existing Jensen home site lot considerably smaller and potentially non-conforming. If the new lot arrangement with the existing house does not comply with the coverage maximum, there are options available to comply such as: 1) removal of impervious surface, 2) dividing the 17,000 square feet of river front land between the two properties to add additional open space to the westerly lot, or 3) a variance to exceed the 25% maximum would be necessary. The City should not simply pass it as a non-conforming lot, as the non-conformity would be caused by the proposed plat and resulting reduction of lot area. The non-conformity would be created by the new plat and it is not a legally existing non-conformity. Recommendation: The Planning Commission recommends approval of the Preliminary and Final Plat, with the stated findings and conditions in the attached resolution. lc L C) \ City Council Report July 24, 2007 Page 3 of 5 t ,,- - - ~t .,.- --y~~~. ... ...t~, ,. -- ~ t, ,j ~-; - - . -l .. , ~ ~ tI 1 ~; ~;. . . - , -. ~ - :~, ' " J . . I . - -" :---~3" . .*" " ~:~{:{ir i: ' L" -::it/^~ -;itk2i: \', J , , ..:. ,'~ ' , " oJ Lot arrangement per County parcel records 2006 (prior to 1/2007 plat) It (~')' City Council Report July 24, 2007 Page 4 of 5 rI 1L1'C'"'1 'l~ _-" ~ :.~. :-?;; ~ ..;.,~;,':, '." , :.(r ,> ~ ,.>t " c-' ~~'.,~~. ~ .. ~ .,~ ,,~{,: ~ ~., ' . - " ,~-'- ~ ~ ~: ~~TJ~ ,./; :~:~ ~~ . <.. ~ :.; ~ ~.~~/'j\;;~::~~ . n .'j'.' '" ~"J~~~ Lot arrangement after Jensen Addition Platted 2006 Recorded 1/2007 Glc) \ City Council Report July 24, 2007 Page 5 of 5 ~ ~.. ". ~'l ~ ' , .~.? - ~' . " " . 1 I . " , ... I '~t+rrt- '" [J I 13 ~ :fI ~ f: -. ". :..'~.. ~ -. "it ~Z,q,.../. - , '_ C r -;-;.1 ~ '. " ; , , . .' ,': ':(' < ~ I :'~ '- : -"', . : ,,~ - '. ~ \, . '.. -t -" - ~ ~f~ (7' : ',: ~ Proposed plat 7/2007 ~lC)\ RESOLUTION NO. 13240 bl1i1J:t . RESOLUTION APPROVING A ONE LOT PRELIMINARY AND FINAL PLAT FOR JENSEN SECOND ADDITION Whereas Neil and Lynette Jensen, property owners, have submitted a one lot preliminary and final plat for Jensen Second Addition with the following legal description: Lot 1, Block I, Jensen Addition, according to the recorded plat thereof. Also, The East 33 feet of Lot 3 and Lot 2 except the East 74.25 feet of said Lot 2, all in Block 39, Townsite of Hutchinson, North Half. Also, Commencing at a point 43 feet West of the Southeast corner of Lot 3, Block 39, Townsite of Hutchinson, North Half, according to the map or plat on file and of record in the office of the Register of Deeds in and for McLeod County, Minnesota; thence North 180 feet to a point; thence West 15 feet; thence North to the North line of said Lot 3; thence Northeasterly along the North line of said Lot 3 to a point 33 feet West of the East line of Lot 3; thence South to the South line of Lot 3; thence West along the South line of Lot 3 to the place of beginning, Subject to easements of record. . Whereas, the Planning Commission held a public hearing and considered the preliminary and final plat and vacation of easements request on July 17, 2007, and considered the requirements of the Zoning Ordinance and 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 preliminary and final plat and vacation of easements, subject to the following findings and conditions: 1. The plat must comply with the requirements of the R-2 zoning district, subdivision requirements, and the shoreland district requirements. 2. Prior to the City signing the final plat, the applicant shall provide a survey to demonstrate that the 25% maximum is not exceeded on the existing Jensen home site. If the property exceeds the 25% impervious coverage, the applicant will need to either remove hardcover or revise the plat to allocate additional property to the westerly site, subject to meeting the requirements of the zoning ordinance. 3. An easement of20 feet on each side of the sanitary line to the north shall be provided to the City prior to the City signing the final plat for recording. 4. The existing home site shall be considered a nonconforming lot and the plat shall be revised to include the 10 foot original strip ofland to the north with the existing lot. Adopted by the City Council this 24th day of July, 2007. ATTEST: . Gary D. Plotz City Administrator Steven W. Cook Mayor [p [CJ \ '_-_ ,. ""'_ ~ ,:..; #& -=.....~.~ ~ 'or ... ... _~..,..~ ;/I/' .. 4< II"'.,~ .....:e> -..-= - -_ .-.. _ .. /III ~.... .~ _ _ .- _ .. .....r_ _-_ DIRECTORS REPORT - PLANNING DEPARTMENT _ _-..;!~_- rJr ~..... ..J. ~,-=-"; _- JI'",_ _ _ : =-- &--_ ,_ J ..,-- __ _ _-:.- - _ _ ~ --...,: .3'., :'... - _ _-.. ",'" _"... - - To: 'Hutchinson,Planning Commission Brad Enlans, Dolf Moon, Dave Runstad, Miles Seppelt, Shan Ghimire, Jean Ward, Judy Flemming, John We'bster, .John Olson, 'Lenny R.utledge" Kyle Dimler, Kent Exner, John Paulson, Mark Schnob rich, 'Marc S e'b ora, Gary Plotz, Ken Merrill~ Jim Popp, Dan Hatten, Dic'kNagy, Rebecca BOlvers a,nd BODnie Baumetz (Pers!oDs in attendance at Pla'Doing Staff Meet.ing (in. bold) July 11, 2007, for July 17,2007, Planning Commi$sioD Meeting From: Date: Application: Jensen Second Addition Preliminary and ,Final Plat aod Vacatjon of Ease'ments Applicant: Neil Jensen, Property o'\vne.r 60 Day Deadline: July 29, 2007 'PRELIMIN'ARY AND FINAL P'LA T 'VACATIO.N OF EASEMENTS .Brief Description The property owner has submitted a one lot preliminary and final plat for Jensen Seoond Addition. The plat proposes to divide the portion of the property along the river from the existing Jensen home site in order to add .it to the lot to the ~ast. for construction of a new home. The applicant is also requesting to vacate easements betvveen the two properties. The subject property has had severa.l subdivisions and consolidations. The subjectpropelty has two shared drives crossing the property which serve the home to the west. This property is subject to the shoreland district requirements.. The following ma.p sho\vs 'the approximate layout of the proposed pla.t in shadow vvithnotes to describe the lot existing arrangement: lr ( (, ..) \ . . . Jensen Second Addition - Preliminary and Final Plat Neil Jensen - 425 Wasbington Ave W Page 2 A building permit has been approved to start construction on the new home using the existing lot arrangement, subject to not exceeding the 25% maximum impervious surface maximum. Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Analysis and Recommendation: GENERAL INFORMATION RI (Single Family Residential) 425 Washington Ave. W. Approximately .8 acre Residential Rl (Single Family Residential) Traditional Residential Neighborhood There have been several divisions and consolidations of the subject property and surrounding properties. In May 2005, a lot consolidation was filed to combine the proposed building site with the riparian section of the existing lot. There was also a lot split of 35 feet from the property to the north in November, 2005. Jensen Addition was platted in April, 2006, which resulted in the current lot arrangement with the riparian portion of the lot being reallocated to the Jensen home site. There was also a vacation of easements at the same time (refer to attachments for clarification). Section 153 of the City Code and Chapter 12 of the City Charter The plarming staff discussed the plat at their July 2nd meeting. Staff discussed the complicated history of subdivisions and lot rearrangements on this properly. Also discussed was that two driveways cross the subject property to provide access to adjacent properties. Concerns were discussed regarding whether the remaining lot (Jensen's home site) would exceed the 25% impervious coverage maximum with the proposed plat. Staff has recommended to the applicant that they have a survey prepared to show that the proposed plat would not cause the existing home site to exceed the 25% coverage. At the time of writing the report, a survey had not been provided to the City, however the building contractor did preliminary calculations and stated that the existing Jensen home site would have approximately 21% coverage without the drive to the property to the west. Staff recommends that a survey be provided that demonstrates that the 25% maximum is not exceeded. If the property exceeds the 25% allowed, the applicant could remove some hardcover or revise the plat to allocate additional property to the westerly lot. The plat includes drainage and utility easements around the perimeter. There is a sanitary sewer line to the north which requires an easement of 20 feet on each side of the sanitary line. The applicant has also requested a vacation of easements as shown in the attachments in the middle of the property along the previously platted lot line. Because there are existing utilities in this area, the applicant will need to relocate utilities into existing easement areas at his own cost before the requested loLL) \ . . . Jensen Second Addition - Preliminary and Final Plat Neil Jensen - 425 Wasbington Ave W Page 3 easement can be vacated. However, due to the location of the new building pad, the vacation of easements may not be necessary and the applicant could withdraw his request for the vacation. Standard fees for the new plat were charged on the building permit, including fee for two trees ($200.00 per tree) and the standard park fee of$215.00. Staff would recommend approval of the requested preliminary plat, final plat, and vacation of easements with the following conditions: I. The plat must comply with the requirements of the R-2 zoning district, subdivision requirements, and the shoreland district requirements. 2. Prior to the City signing the final plat, the applicant shall provide a survey to demonstrate that the 25% maximum is not exceeded on the existing Jensen home site. If the property exceeds the 25% impervious coverage, the applicant will need to either remove hardcover or revise the plat to allocate additional property to the westerly site, subject to meeting the requirements ofthe zoning ordinance. 3. Relocation of utility services is required prior to vacation of easements. The relocation and any fees will be at property owner's expense. 4. An easement of 20 feet on each side ofthe sanitary line to the north shall be provided to the City prior to the City signing the final plat for recording. Attachments: Preliminary and Final Plat Survey of Proposed Home Previous Plats for Clarification Cc: Neil Jensen, 22 Main Street North Kevin Compton, Compton Anderson Construction, 18482 - 202'"' Cr. Rob Collett, DNR (p (CJ \ ~ ~ . ~ " ~ p---"'I , ~u" ,. ,." nw._......~_.~ 11:.,--......- .n.II. "~''=~Ino ....- -......-- =.~=~~-~... -..........,-..-- I I I I I I _______-.J -..,...-..-..""'- - T.......~.._......""-'"" ......._lIMIl....llHt. no.-.lon.n --- E) r;:) v . I I 1;Y ~ 2 ~I ,::,,~ I _..-"- II rv~ C ~~t.ll'.lt. ~ L-'~~-~/-- I BL?CK I ",-<- 0<1:- ~ 6 BLOCK 39 r ! RIVERVIEW SUBD! OF LOT I I LYNN ADDITION i i ~ 4 (o."P ~' ~ ~ i 6 o~ C;; ~"<' (0.,0 -<--0 ..____n____ WASHINGTON AVE:NUE: W 20 2"" >-0 ..JO; r..--.-.--------n_ i -- JENSEN SECOND ADDITION PRELIMINARY PLAT """'"'" ~:.!':~~.:' ~'::~ ~.~w~:/~.' .~~ ::~::: 1~~ttl::t"'if ..-LOT 2. IIlII1l 1lI....3..l..ft."..'Huleflln......NorIllHa/l'. ~;:.;.~.~DIJ:.;.. ~:,~.~.':"~ :'':'OU;:~ ~";".~.~ ;:";':.~" 'M .tlIno of IN "'"",or of 0.."" III oM I.. \I.bod Oollll'1. _HHllt_. ""h '10 ,.., 1\1 . ~.lIIlr 111_. "'0' r~ rill: 'M_ Httlh III I~I Nonh l1/li ,f said Lor ,. ..... l16r'h..."""'oI.....tMNon~IIno...HIdlo. 31111'0"'3;5,,,,-,," .,... hll....of Lt' 5:thtltMttvth"llHIiolrlhhnloflor): IhIl'lC,Wltl0!Dn9'IIIS..Ifl 1II..fLGt) It ..... Jl!a<. tf ktlMIng. ''''''111 ta.."""" of......'" LOT AREA ~1104t SquQr. FH1 OWNERS:: NfL .... .l!NSl!:N 8 l vtETTE .EMSE:M 4t1l "ASffi)j(J1OIt AYEHUE WEST HUTCI-INllON MN PRESENT ZONINO - R-I (BHC:IB.AJI)) MJMJIIILOfREOUIAOlEW1'I lQIWUll'9lJ1..D'RIE11f.lClCl IIIft.....18. 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BUILDING PERMIT SURVEY FOR NEIL JENSEN LOT AREA .. 51794:!: 8tJik1hg hotprlnt Atla as ,hown . 3938 Sq FI S,coM! Garage FoolJ>litll keo . 676 Sq ft U1s11rll Ort'I~woy ke.o . \940 Sq fl t. ProposiHI"'w OrrwWlIl' Ar.o . 3130 SQ FI! /. / ~~~ /# * .,~O/0 ,.9 C;~O ......... /~ .. .-- ~ I~'? .--..<,,</ I . ;;J 89'49'49' I 1 ".00 I.;? ~"I II '\ -~ 8 Y - I .'-> ~ I 3 .. J ,"'1 ~ ",' I ~ I > I l",f}'\ I I I I I I ~- , .... ,: .' t1 ~ '-l\S~ <(-.";\S<(-. .. I- IP BLOCK I ....' , ,.." , .... . f?-."';'0 ",,0 / . . '49'E 43. .. , ",-,..:... ,.-<>' y...~'< "'I x~o I r;; I oj 2 l~ ~ ",' ~ I ~ io I ~ I.(o;n- l ~ '81." I o 'I.{ ~\ I \ ~\O\~ I ""'B\) ~ 1..,:/2 ",,,<:~< I "~~ o~ BLOCK 39 . 6 3"'7 . WASHINGTON AVENUE PElUNEN LAND SUFtVEYING I I I r-'-~ I ~ I~' - ~ - - PROPOSED DESCRIPTION - LOT I, BLOCK I, r JENSEN SECOND ADDITION (In planing process) I I I I :\\0"" 'S:!\)\ I~ 0~\. . .. I- P8 ~~ 'v" <to N89~7'03.E 20.70 r- ~ .. '" III ;. N ~ 0"" y...\""S y...'\:;,\C; AJJ <;-<..v~ L~....,v~ tl.~ r<1' , ,> o ,v HUTCHINSON MN DESCRIPTION 2 lot r. 8IocJl I. .JENSEN ADDITION. occ;ordlng to tIM uc:onMd ~I 1hweot. Also. 1M Eosl 33 ,.., of Lot 3 ond lOll 2. except thl Eo:11 74~ hi' of laid Lot 2. (Ill In Block 39. To..n.~l.. of H\lKNMor.. Honh tWit. Abo. Commencing 01 0 polnl 43 feel West of Ihe SoiJtMos.t eorne, of lot 3. Block 39. TO.Mlte of Hutcfllnson. N<<th HoIf. accorCSlng to the mop or plot on nle OM of ,ecortld In the offlce of The Regl.t.,- of O.e:c.. In and for Mcleod County. Mlnne.ota: 1Mnce North 180 feel to 0 polnl: 1MM:" We.. It> feer. tbente ltorlb 10 tbe North .,;..--n", of '* L9f ~: thene" Ntwtharl,lerly olon, the Norlh line of MId Lot;' 10 0 point 33 feet West of lhe EO$1 1In, of Lol 3: lM.l\t-O South '0 1M $Gum 11M of Lot 3: thence w... aJong the South Une or Lot 3 to the pIoce of beginning. SubjecT 10 eo"rllltnl.of'e~. Note: Drainage and utility eoseme(lts os shown ore as proposed for JENSEN SECOND ADDITION. 3 ~ o , ,/'0 .40 80 , frill s~"I' In Pfl.OP05rO TOP OF FOUhOATIcm . 1092.0 PROPOSED GARAGE flOOR . 1081.7 PROPOSED BASEMENT FLOOR . 1073.3 8 BENCHMARK TOIl IWI of HyG'onl on norlh side of Wo,'nlnglon Ave 01 Intersection wlttl Lynn Rood. Elevotfon. 10?'3.98 . Oenotes Iron monlnO:nt found o D4.MK" lrGr'l monUIMM set Oenotes ul.tlng elevatfon Denote, proposed e"velllon I b.rd)' urllly that thh Surv.y. 'Ion or R.port wo. pr.pared by ow or "nder JlI)I dlr'!:1 sUp.,...I,IOII ond Illol 10m 0 dulr Ilc.n..d lOfll1 S\tr....)'or unoer lb. low. of lb. SIGle of Idlnne.,110. ,~~f,(dA/d: DO": r;z_J...:2l!, J.aJ7 llc. Ho.~.y.Jl,;l? JOB NO. 070748P CoLc) \ I 1 I 10~'- ?-,,\<;;.'{\ I _../-' ?-~'<:. (- ~ ~~El\IlE l\ I f\\\S ._"-' 1-"-- BLfcK I I (..\O~ I '(>.\J\J 4 _~/I ~~r : I D, rI, ~ II Iii I' Iii ~Ili I ~ 3 Ii! Bill 2 1:1 11/ 1 I ';\O~0 I 191 L ~J,.,~ - - t-~' . _1IOWc.L..rlJt't1tl[U'lW:nllTli: ,.,.,,_"-___.,..~......."""......__....~ "_.....ntI.,..........,,...!:: l..t.1loct "'.~HIU(w HI/ltMIdCIC,~_"'t!of 1Ie........,...'IoI-.. .....IM _MIo:>>fMl.'LtII...... .. Il\1O,.....,. ,lit,.....,. 110M ....... lie '_11" __p,,,,,, )loll..... ~.olIKlII'I:lJI",,, ....'t'~.anoI..*_1t "".........'..k VII ""'_ 1M __It.. ,,,,"-,,,,,II'1II "",.........."'.otWIJ'WfOMltI'II" ......,.......,. ...."''''''MIl....bMn. ..,_.........."",.IH --.""'" Wt_H'ltIot...... ""__w, .~ JENSEN ADDITION 2 '- (.1'0'1\ -~- l1Mtl....... -' tCIOt... _ ........._lJlll'I............ _...._....'M .. -----, HI."'......,.. tfAlEOF.....IOfA ~~ ..... 1'III.......1IIg1o._____..,~...__. ~ HlIltfI"lall........C"""'.-..... IfJCMI'III.....'nl N :.,,:a..:...~..~==:::::=':!~~.t.~::.~:'.: =:;..t:IIIOt~:=I:.~:-:-;:"~'::" *:.:::'....-:. ..........,...III'._IlJ.......... ""JIlt.... ,"" .......... ..._....... ...a.:.t........ l............~.. 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Nl400 !WlIIIII'~1io 'l~_.~," ....^ lIOM1Jtl1.:llL L""" _1':'_ -...~__."'-L olanvQr')I,rol~ -.1ft; ;,";,~~.~:,~~~~-'~'~.#:'.f~~~.~:~,;:t,q'''';IA~''~- ......~~..~:,i4r~~,,:~~:~~?4~I~ ...IIr., ~. lilliii' ~.) iiiii.'''''....... .wn..., liil4lt.;'+:'Jwf!ltri ~~~;~iiiliiniMt; J;u:.JKii>j;liJiIi: C-E!fr=-- -~.~-:.,~~,,-.,--::~,,';- ::~- .-..".,",'.',",.,'..,"".",,",," ~;,,1'-~UIl"'" , H 2 3 8,OCK 39 . ~ l ;~L...,' ~ .. j~#" Ji l.., n.."~_:..,,..._~.,......,..' ~~"7:"'~"'" ~.o, ""..l!L'_n;-....,'.... ._..'11-..........",..... ..,,..,' lfT",1'Z<:>'~. ~~"'.._,..... ~....,..,'"_''',,.,__'_....l''' ........'iln..;.':IIij;'IU#'I; ""'. .&$6\..____ :~~~:~~I\M,.~~'j~,~:.~I,:~';:..~'iIIurd;il/,a"'..IInO:lh-,Oil,'~ .JI~'6iir ,'.."'''''".,';,,.,'''',:'''::''.':~.:.~'''"'''.,,' }I ' d V= ., r ,F: ;1 .~ :\~~S~.t.,.:~#~:~I;:~~:,~~~~-bi~..liG,~~..4 ,~. pla., ~"";'.~,,':',.'."-,:~.'~,~-~Q:~~'-""'--~~.:...,.~.;.....Ci!J _....t.... ~'.iIO~;:W1\ir'il;,itjOii.;ttij."~:;i;:j,; ";' "-'"'d";'" ..":/..,."';::.~,,::,.{jt:;. 6 k~f'J-.'zooZ" "'~"'IIllo--...~'.. ODl!\U' I I RIV"RVIEW SIJ80i OF"'LCrt" ; I c YNN ADDITION i I ~'-'--~-'= .. t>'......,""'oi!IIn..........,ot....-....." I I I I .............,..-.........-...'....- ~vA.S'8IN$r{)N AVENQE Hl.l'!!N~""",,-1'IIIO j.:__,.'_"-'-<.~....;...__...-.-~c t} c-" 0- - .- 3 (,((..o~ 2 , I ,I I I I I I I I I I I I I I I , , ----+---- ':- HALF b ~ V 6 BLOCK 39 - PElLlNEN LAND SURVEYING c,~((.. <f.~ I, 1 I I I I ~~\S~ I ~~~ I I f . ! I I I I I I I NvIl....-'lhoSwd>>>-C\O.'.., .- "llllba~" 100.00 7 OF .~ 2 I , I , , I , , 3 1 , , I : I I : 1----.1 ~--~~-- .-- - t-\'# - -.-- - r>:-Jt.-t-\\JE. I'\\,,-S\ _------1 _--- I p~ ", .-------- I .---- . , I , , I , , I , , I . , I , , I a I ;g 7l~~-~':':'~L~7 ,'fJ : > --~---------r---.-l , , I , I 0~\.- BLOCK I 4 :\\o~ ~\J\)\ 8 , I HUTCHINSON IIlITCHINSOH IIJI kJj~15I(-+ ~DOS CATE OF SUR'/EY FOR NEIL JENSEN PROPOSED SPLIT 0 LOT I, BLOCK I, RIVERVIEW HILL ADDITION DESCRIPTIDN FOR SOUTHERLY ""RCEL The South 3~.OO fee1 of Lot I. 310ck I. RfVERVIEW HILL ADDITION. ", "lJt~ (,. , 2 1 <'00$ (;\ lU.... . "..p-n~~ ''?:,s&. DESCRIPTION FOR NORTHERLY P~RCEL lot I. Block l, RlVERVlEW HLl AODlTION, except 'he South 3~.OO feet of sold lot I. ~ . D.no'es 1I'0n Il'IOnum.nt found o D.no'n Ifon me,",,","t It' o 20 -10 , sctll_ III 80 , ",/ 111"'''1 nrtlf, ,hOI 11,1, lurvey. "Ion 0' A..,ort wa,1 pr.par,d b, _.r pn4., Ill)' dl,," "".,..hl.n on,d Ilull I omo fulJ linn'" LClII.4 !lIn4.'o' ..ftfl., tl\. 10"" <:I( t"'. atolll IIlf Mlnnuoto. . Jo1-i:~i 1A ..L- ..." tf2d: ~ AozlS L 0<. No. ;J~'J . JOB NO. .~216 8K P-341 pO 3(] . MEMORANDUM DATE: July 18, 2007 for the July 24, 2007 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION COMPANY IN THE C5 DISTRICT AT 261 - 3RD AVEN.W. SUBMITTED BY CORNERSTONE CONTRACTING Backaround: The property owner, Cornerstone Contracting, is requesting a conditional use permit to allow a contractor office/warehouse in the C-5 District located at 261 - 3rd Ave NW. All uses require conditional use permits in the C-5 District. The property was previously the TryCycle building used for recycling materials. The property owner plans to pave the parking as required by ordinance. He also plans to remodel the interior for showroom, offices and warehouse. The office would have 1.5 employees in the office with office hours Monday through Friday 9 a.m. to 5 p.m. . Additional information is contained in the attached Planning Commission staff report. Plannina Commission Meetina: The Planning Commission held a public hearing and considered the request at their July 17, 2007, meeting. There were no comments from the public on the request. After briefly discussing the difference between the storage of company vehicles and outdoor storage, the Commission unanimously recommended approval. There were no property owners who objected to the request. Recommendation: The Planning Commission unanimously recommended approval of the conditional use permit, with the findings and conditions in the attached resolution. . lolc-) A . . . RESOLUTION NO. 13242 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CONSTRUCTION COMPANY IN THE C5 DISTRICT AT 261-3RD AVENUE N.W. Whereas, Mike Haefuer, Cornerstone Contracting, applicant, has requested approval of a conditional use permit to allow a construction business in the C5 (Conditional Commercial) District with the following legal description: Legal Description: That part of Lot Two (2) in Block Twenty-Five (25) in the Townsite of Hutchinson, North Half, lying Southerly of a line drawn from a point on the East line of said Lot 2, distant 119.50 feet North of the southeast comer of said Lot 2 to a point on the West line of said Lot 2, distant 116.97 feet North of the southwest comer of said Lot 2. And; The South Half of Lot One (I) in Block Twenty-Five, in the Townsite of Hutchinson, North Half. Whereas, the Planning Commission has held a public hearing on July 17, 2007, on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit subject to the following findings and conditions: I. The proposed use would be in an existing building and would comply with the standards of the C-5 district. 2. Outside storage of materials is not permitted. All materials must be contained within the building. Parking of company vehicles on the site is allowed. 3. The parking area shall be paved within 6 months of approval. Construction of the parking area shall comply with the requirements of the Zoning Ordinance, including parking stall and drive aisle dimensions. 4. Sign permits are required prior to installation of any signage. 5. No encroachment into the State right-of-way is allowed. Adopted by the City Council this 24th day of July, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor lJ;Lc)J-. I -- :'.:- - "'~.€" ..:-.-.I.t#'~~..r._"'_'I~"(.I.;-~ rIILl""'8:.;';-;#,~ ",^';'I $ --~..1 "" ",,. #..,&'"#.,..-2t?47'~'I""''''~ so ;". ,. Jr. "'4f'..~ '~'~"'7/1.'!I..I'!D,.1.~ ~ -"...~.:l'f11 DIRECTORS REPORT - PLANNING DEPA,RTMENT - - _"7:....c...I'# ~-~.#z~...s~ -..&',,;:'1 ""'4'_ 6......iiT.F;;,,.~~ ~~ _ .::" _ _ J."... ,.-,: _ _7.... ok ~.r:s~...- _~..;.&.. ... ;'_ -~ _ _ ~.: ;;"$"''';;;-;'''& ..."_ ...... r _ - . To: Hutchinson :Planning CommissioD From: Brad Emans, Dolf Moon, Dave HllDstad, Miles Seppelt, Shan Ghimire, Jean Ward, Ju'dyFlemming, Jo-Im Webster, John Olson, LeuDY R.u tied ge, Kyle Dimler, Kent Exne-r, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill) Jim P'opp, Dan Hatten, Dick Nagy, Rebecc:a Bowers and BODnie Baumetz {Persons rnatteuda,Dce atP'lanning Staff Meeting (in, biold) July 6, 2.007, for July 17, 2007, Planning Com.mission Meeting Date: ,Application: CONDIT10NAL USE PE,RMIT TO ALLOW CONSTRUCTION COMPANY IN.TliE C5 DISTRICT AT 261- 3RD AVE NW Applicant: M.ike H'aefner, property owner CONDITIONAL USE PE'RMIT Brief Description The property owner, Cornerstone Contracting, is requ,esting a conditional use permit to allow a contractor office/warehouse in the C-5 District .located at 261- 3rd Ave N.W.All 'uses require conditional use permits in the C-5 :District The property was previously t}le TryCycle building used for recycling materia.Is. The prop'erty o\vnerplans to pave the parking as required by ordinance. He also plans to remodel the i.nterior for showroom, offices and ,varebouse. The office 'would have 1.5 employees in the office \ivith office hOUTS Monday - Friday 9 a~m. to 5 p.m. The property is id,entifiedbelow: -~. - \ . (r ( <' ').1" . . . Conditional Use Permit Cornerstone Contracting Planning Commission -July 17, 2007 Page 2 GENERAL INFORMATION Existing Zoning: C5 (Conditional Commercial) 261 - 3'd Ave. N.W. Property Location: Lot Size: 132' x 132' Existing Land Use: Commercial - vacant Adjacent Land Use And Zoning: C5 (Conditional Commercial) I/C (Industrial Commercial) Comprebensive Land Use Plan: Commercial Zoning History: There were complaints on file regarding the junk on the lot from the prevIOus use. The lot was cleaned up after numerous contacts with the past owner. Applicable Regulations: Section 154.065 of the City Code Transportation: 3'd Ave NW Parking: Offices less than 20,000 sq. ft. - 5 spaces per 1000 sq. ft. of office space Warehouse - 1 space per 2000 sq. ft. Analysis and Recommendation: The property is located within the Highway 7 Corridor Study moratorium area, however CUPs for change of use in existing buildings were exempted from the moratorium. In reviewing the CUP, the Commission should consider if the proposal meets the standards for a CUP. A CUP shall be granted only if evidence is presented to establish the following: (a) . The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety aiid general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Lol Q)~ Conditional Use Permit Cornerstone Contracting Planning Commission-July 17,2007 Page 3 . The proposed use appears to meet the requirements for granting a conditional use permit. There is state right-of-way to the north of the building, which contains a new stormwater pond. No rear access or any encroachment into the right-of-way will be permitted. This property is also in the shore land district, however the proposal would not increase the impervious cover beyond the existing conditions. Staff reviewed the proposal at the planning staff meeting and did not have concerns over the proposed use. The consensus of staff was to recommend approval of the CUP, with the following findings and conditions: Staff would recommend approval with the following conditions: . 1. The proposed use would be in an eXlstmg building and would comply with the standards of the C-5 district. Outside storage of materials is not permitted. All materials must be contained within the building. Parking of company vehicles on the site is allowed. The parking area shall be paved within 6 months of approval. Construction ofthe parking area shall comply with the requirements of the Zoning Ordinance, including parking stall and drive aisle dimensions. Sign permits are required prior to installation of any signage. No encroachment into the State right-of-way is allowed. 2. 3. 4. 5. Cc: Mike Haefner, Cornerstone Contracting, 3 Michigan Street . '-0 Cc)~ . MEMORANDUM . . DATE: July 18, 2007 for the July 24, 2007 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: SITE PLAN FOR O'REILLY AUTO PARTS STORE TO BE LOCATED AT 1500 HWY 15 SOUTH Backaround: O'Reilly Auto Parts has submitted an application for a site plan for development of an O'Reilly Auto Parts store to be located on the corner of Hwy 15 South and Edmonton Ave. A retail store is a permitted use in the C-4 zoning district. The building is proposed to be 7,453 sq. ft. with the access off of Edmonton Avenue. Additional information is contained in the attached Planning Commission staff report. Plannina Commission Meetina: The Planning Commission considered the request at their July 17, 2007, meeting. There was no comment from the public, other than from the applicant. There were no property owners who objected to the request. Staff discussed access to the site and stated the second easterly access is recommended to be removed due to traffic conflicts. The applicant stated they can do without the second easterly access, however need to be assured that their primary access would not be limited in the future. Staff stated if median improvements were constructed in the future, the site would continue to have access. Recommendation: The Planning Commission unanimously recommends approval of the site plan, with the stated findings and conditions in the attached resolution. Co {CJ~ . RESOLUTION NO. 13243 RESOLUTION APPROVING A SITE PLAN SUBMITTED BY O'REILLY AUTOMOBILE INC. Whereas, O'Reilly Automobile Inc. has requested approval of a site plan to construct a retail/commercial business located at 1500 Hwy 15 South with the following legal description: Legal Description: Lot One (1), Block One (1), County Fair Marketplace Second Addition Whereas, the Planning Commission met on July 17, 2007, on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval ofthe site plan, subject to the following findings and conditions: 1. 2. . 3. 4. 5. 6. 7. The proposed building and site improvements would comply with the standards of the C-4 district and the Zoning Ordinance, subject to the conditions stated. Final plans shall be revised according to the City Engineer memo dated July 10, 2007. Plans must be approved by the City Engineer prior to construction. Approval of the City Engineer is required prior to any excavation, grading, or construction on site. Sign permits are required prior to installation of the signage. Park dedication and trail fee in the amount of $6,000 will be due at the time of building permit. The City will construct the trail along the easterly property line SAC/W AC fee in the amount of $7,375 (2.5 units x $2,950) will be due at the time of building permit. The City Forester recommends revising the landscape plan to diversify the tree plantings. Landscape plan must be reviewed and approved by the City Forester. Exterior lighting must be shielded and shall not cause glare to adjacent properties. Adopted by the City Council this 24th day of July, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor . f.o {CJ5 -"~~~r._~~ _ -~ __ _" -_ _... ~_~_-"',e'"_-";fP." _ '"_ _ _ -",_ _r... "'~""'.T'T4..r:.T...&,..,~...,I_ _-.:~.&!'_~ """.,e":...I'4...-"..-I-Jr -.ri#~ ~ .~..._ DIRECTORS REPORT -PLANNING DEPARTMENT . .' II ~';"...::..:&:' ~".........._... ... _ 4... _ _ '_ ......,. _ _:FiT~JI-"'.- _ _ ........ __- _.: .. _ ...-. ~ ~7 C _1'....._ .... "'" 0& _ ... _.. . _ _ _ _ _ _ ~ '" ~ or. -.- ....._ To: Hutchinson Planning Commission From: Brad Emans,Dolf Moon, Dave Hunstad,MiIes Seppelt, S:han G'himire, Jean Ward, Jud'y Flemmi'ng, John 'Webster, John Olson, Lenny Rutledge, Kyle DimJer, Kent Exner, Jobn Pau.lson, MarkScbnobricb) Marc Sebora" Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebe.cc:a Bowers and Bonnie Bau,metz (persons i'B attenda.nce at Planning 8ta,IT MeetiDg (in bo,),d) Date: July 9, 2007, for July ]7, 2007, ,PlannJng Co,m'mission Meeting Application: SIT,E PLAN FOR O'REILLY AUTO PARTS STORE Applicant: O'Reilly .AutomQbiJe Inc. SITE PLAN Brief Description The property owner has submitted a site plan for development of an Q'Reilly Auto; Parts store to be located on the conler of H:,wy 15 South and Edmonton Ave. A retail store ,is a permitted use in the C-4 zoning district The building is proposed to be 7,453 sq.. ft \vith the access off of Ed,'monton A\'enue.. The location of ' the property is shown below: GENERAL INFORMATION Existing Zoning: C4 ( Fringe Cormnercial) ,Property Location: 1500 Hwy 15 S Existing Land Use: Vacant l ( ( ~ - 'y -') -- . . . Site Plan O'Reilly Automobile Inc. Planning Commission -July 17, 2007 Page 2 Adjacent Land Use And Zoning: Commercial and Agricultural Comprehensive Land Use Plan: Commercial Applicable Regulations: Section 154.169 and 154.064(City Code) Analysis: Building: The proposed building would be an approximately 7,453 square foot one-story structure with a flat roof. The building would be a masonry building with the main entrance and windows facing Highway 15. The north side of the building would have an overhead door for dealer service. The building height would be approximately 17.5 feet. Setbacks: The proposed building setbacks and requirements for the C-4 district are identified below. The plans would meet the building setbacks as follows: Required Proposed Structure Setback Structure Setback StreetFUghtofVVay 25 feet 78 feet (north) 85 feet (east) Interior Lot Line 20 feet 38 feet (south) 49 feet (west) Parking and Drive-Aisles: The Zoning Ordinance requires 5.5 spaces per 1,000 square feet for retail uses. Based upon a gross building area of7,453 square feet, 41 parking spaces would be required. The applicant proposes 43 spaces for construction, which meets requirements. The proposed parking area and drive aisles would meet the required 10- foot setback to the right of way, however the interior setback for the private drive needs to be increased from 5 to 6 feet. This revision is specified in the City Engineer's review memo. Additional information on access is included below. Engineering Review: Engineering review comments and revisions are included in the attached City Engineers memo. Revisions are required to remove the easterly access on Edmonton A venue to avoid traffic conflicts and to accommodate future intersection reconfiguration. Additional comments on stormwater, sanitary sewer, NPDES permit, and trails requirements are included in the memo, which is attached. Landscaping: The applicants have submitted a landscape plan proposing plantings of silver birch trees along the perimeter of the site. The City Forester is recommending that the applicant diversify the species of trees to expand beyond all silver birch. Additionally, as the easterly entrance is recommended to be removed, the applicant may want to consider clustering several of the trees in the northeast corner r.o Lc;)3 Site Plan O'Reilly Automobile Inc. Planning Commission -July 17, 2007 Page 3 . of the site. The relocation of trees from the detention basin should also be considered. A revised landscape plan shall be submitted to the City Forester for review and approval. Signage: The plans identify wall signage on two sides of the building and a pole sign in the northeast corner of the site. Details on dimensions und oizo will need to bc provided and will be reviewed wiUlll1t: required sign permits. Analysis and Recommendation: Planning staff reviewed the site plan at their July 2nd meeting. Staff discussed access to site. The easterly access near the intersection of Edmonton Avenue and Highway 15 South should be removed in favor of one entrance into the site due to concems over traffic conflicts. Emergency access will be sufficient with one access to the west. Additionally, the site has an easement for roadway purposes along the westerly property line for future street to provide access to the property to the south. Also discussed was the need for the pedestrian walkways along Highway 15 to continue from the north in lieu of parkland dedication. A park dedication fee in the amount of $6,000 shall be paid with permit fees for the City to construct the walkway along the eastern property line. Staff recommended approval with the conditions stated below. . Recommendation: Planning staff would recommend approval of the request with the following conditions: 1. The proposed building and site improvements would comply with the standards of the C-4 district and the Zoning Ordinance, subject to the conditions stated. 2. Final plans shall be revised according to the City Engineer memo dated July 10, 2007. Plans must be approved by the City Engineer prior to construction. Approval of the City Engineer is required prior to any excavation, grading, or construction on site. 3. Sign permits are required prior to installation of the signage. 4. Park dedication and trail fee in the amount of $6,000 will be due at the time of building permit. The City will construct the trail along the easterly property line 5. SAC/WAC fee in the amount of $7,375 (2.5 units x $2,950) will be due at the time of building permit. 6. The City Forester recommends revising the landscape plan to diversify the tree plantings. Landscape plan must be reviewed and approved by the City Forester. 7. Exterior lighting must be shielded and shall not cause glare to adjacent properties. Attachments: City Engineers Memo Site Plans Building Elevations . Ce: Jason Bayless, O'Reilly Automobile, Inc., 233 S. Patterson, Springfield, MO 65802 Patrick Weidemann, MNDOT (oL~-Y3 . . . M () N M D u R A E M TO: Rebecca Bowers, Director Planning/ZoninglBuilding FROM: Kent Exner, City Engineer RE: O'Reilly Auto Parts Preliminary Plan Review DATE: July 10, 2007 Per my review of the O'Reilly Auto Parts site plans dated June 29, 2007, I have the following comments: . Sanitary Sewer Service - Connect 6" PVC (SDR 35 minimum) service pipe to existing manhole along north side of property with an City-approved inside drop structure (see Standard Drawings) and a clean-out (see Standard Drawings) shall be installed at the property line. . Water Service - Install 1 y," copper pipe within street right-of-way to curb stop at property line. Relocate service pipe alignment to outside of driveway pavement if possible. . Access Points - Remove easterly access point completely, thus only one access point from Edmonton Avenue will be possible. Due to future ultimate intersection configuration at ill 15 and Edmonton Ave, the westerly access point may be constricted to a right-inlright-out if traffic volumes require appropriate medians within and turn lanes within Edmonton Ave. Thus, ultimately access to property may be from the south and/or via an internal access system when the Ryan properties are developed. . Easements - Verify that appropriate access easements are provided to property immediately sonth of the proposed development. . Stormwater Drainage - Account for containing drainage within the proposed development area along southwesterly side by utilizing concrete curb & gutter along west side of the drive aisle (6' minimum setback required) and diverting flows to the proposed detention basin (increase size of detention basin accordingly). Current hydraulic calculations appear to be appropriate. . NPDES Requirements - Provide copy of Minnesota Pollution Control Agency NPDES permit to City prior to starting any construction. . Trail- Parkland dedication considerations for future trail construction along ill 15 in the amount of $6,000. . Standard Drawings - Please reference attached City Standard Detail Drawings for appropriate construction (see e-mailed .pdffile). If there are any questions or concerns regarding these comments, please let me know. cc: Colco:? 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I I I & ,hi; Ilill q! ~I'-! ~ I ' ! , , .i I I I I I I ! ~~bi:. --------------- 7 V I , , I I: .[ q, I" ~I , , ~ ~~ : , , , LANDSCAPE PLAN ;;;;;::;-;::0; , " ~ ~ - -" -r t 4'.u mu '0 c , ~. , ~ > % ~ , , ~ " '> ~..~:?t: "'- - l::'g,::r.:........ ~ 11141'11-'_1 111 ..,I .'. w PL,AHTINQ SCHKDULE R9'EATOf'!lOJtCT_RlIIAIlllITIOIW.AE~H.l.PI.NmNGS UIlv lll!SUIllmTIITEDDU5'TOI'tEQIOtIORlOCAl-IlfQUIIlDolENTI'" NECESSAR'I' -I~- ~'QUOHI'\TYI"" "'_1IIIIOl .........-......" TC>lJI'9l"'" 4> '" , ~ ~ I I I ~~-~ ~ 1 " r:::;-- ~ tp 2 Main Street South Hutchinson, MN 55350 320.587.5252 800.572.6689 Fax 320.587.4751 in fo@explorehutchinson.com www.explorehutchinson.com July 6, 2007 Mr. Gary Plotz City Administrator City of Hutchinson 111 Hassan Street Southeast Hutchinson, MN 55350 Dear Mr. Plotz, The 33'd Annual Arts & Crafts Festival ofthe Hutchinson Area Chamber of Commerce, Convention & Visitors Bureau will be held Friday, September 14, 10 am to 6:00 pm, and Saturday, September 15,9 am to 4 pm. . We have contacted Mayor Cook, the Hutchinson Police Department, the Park and Recreation Department and the Street Department for their assistance. If you have any questions, please call the Chamber CVB at 587-5252. The Hutchinson Ambassadors also wish to reserve all concession rights in the downtown area as well as the control of any and all food exhibitors for the Taste of Hutchinson. The Ambassadors have an agreement with Hutchinson Downtown Association regarding the operation of the Popcorn Wagon during the event. Thank you for your cooperation and for all the help you've provided in the past. Sincerely, , ~u/ Tina V orlicek, VP Membership Services . CoLd) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration ofImprovement Project Cbange Orders DATE: July 24, 2007 As construction has proceeded on the below listed projects there have been additional work, projecI scope revisions, and construction staging revisions. All of these items have been identified and deemed necessary to satisfactorily complete the projects. The following Change Orders are proposed to address these items: o Change Order No. 1 ~ Letting No. 6A1Project No. 05-20 - Airport Improvements - Electrical Due to an unresponsive contractor. project was reduced to purchase of REIL lights only. Thus, the ultimate project cost was reduced $34.300.00. o Change Order No. I - Letting No. 5/Project No. 07-05 - Pavement Rehab Project Due to comtruction coordination difficulties within the City's r Avenue NW right-ol-way, completion of the access point at Southwest Minnesota Foundation must be addressed. This change order results in an increase of$8,247.50 to the original contract amount. We recommend that the above Change Orders be approved in the amounts listed. cc: Gary Plotz, City Administrator c~~~ ) CHANGE ORDER NO.1 CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 (320) 234-4209 Sheet 1 ofl ~RACTOR: Quade Electric Inc Letting No. 6A I Project No. 05-20 1162 Hwy 7 East, Hutchinson MN 55350 Project Location: Airport Improvements - Electrical DESCRIPTION OF CHANGE: 1) Reduction in project to purchase of REIL Lights only. Dated: 06/25/2007 litem No. II Spec. Ref.11 Item Name II Unit II Quantity II Unit Price II Amount I DECREASE ITEMS: 2.24-1 TRAFFIC PROVISIONS LS -1.00 $6,400.00 ($6,400.00) 220-1 FURNISH 1/0 15KV URD CABLE (PRIMARY) LF -6200.00 $1.35 ($8,370.00) 220-2 CONCRETE MARKER E -6.00 $130.00 ($780.00) 225-1 DIRECTION BORING 4" LF -60.00 $20.00 ($1,200.00) 240-1 10 I<!N REGULATOR E -1.00 $11.000.00 ($11,000.00) 240-2 EDB POWER AND CONTROL LS -1.00 $5,550.00 ($5,550.00) 270-1 REMOVE REIL E -2.00 $500.00 ($1,000.00) $0.00 TOTAL INCREASE ITEMS -$34,300.00 jNET DECREASE ------------------....---------------------------------.-------------..-----...---- II ($34,300.00)1 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $7,440.00 (deduct). An extension of -0. days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL CONTRACT PREVIOUS ADDITIONS/DEDUCTIONS THIS ADDITION/DEDlJCTIO~1 TOTAL AMOUNT $146,759.00 $0.00 ($34,300.00) $112,459.00 IApPROVED: APPROVED: Contractor Mayor DATED: DATED: 07/24/2007 APPROVED: APPROVED: Director of Engineering City Administrator DATED: 07/24/2007 DATED: 07/24/2007 . (p (12) CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 (320) 234-4209 Isheetloll CHANGE ORDER NO.1 Dated: 07/1612007 _RACTOR: Wm Mueller & Sons Inc Letting No. 5 Project No. 07-05 831 Park Ave Hamburg MN 55339 952-467-2720 Project Location: 15 3rd Ave NW DESCRIPTION OF CHANGE: Repair of driveway at SWMF due to change in elevations on 3rd Ave NW. litem No.l~pec. Redl Item Name II Unit II Quantity II Unit Price II Amount I DIVISION 1- STREET CONSTRUCTION & RESTORATION 1 2104 REMOVE BITUMINOUS SURFACING SQYD 132 $4.00 $528.00 2 2104 REMOVE CONCRETE DRIVEWAY PAVEMENT SQYD 23.0 $8.00 $184.00 3 2104 REMOVE CURB AND GUTTER UN FT 7 $4.00 $28.00 4 2104 REMOVE CONCRETE SIDEWALK SOFT 32 $0.50 $16.00 5 2104 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) UN FT 62 $3.50 $217.00 6 2360 TYPE SPWEA240B WEARING COURSE MIXTURE 3" TON 27 $125.00 $3,375.00 7 2521 4" CONCRETE SIDEWALK W/EXCAVATION AND 3" CLASS 5 SOFT 72 $6.00 $432.00 8 2531 CONCRETE CURB AND GUTTER DESIGN B618 UN FT 40 $25.00 $1,000.00 g 2531 5" CONCRETE DRIVEWAY PAVEMENT SOYD 40 $60.00 $2,400.00 10 2575 SODDING TYPE LAWN SOYD 15 $4.50 $67.50 . $8,247.50 I INET INCREASE _______________mm____m____m______________________________m__________m______ II In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $16,875.50 (add)!(dedystj. An extension of -0- days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL CONTRACT PREVIOUS ADDITIONS/DEDUCTIONS THIS ADDITION/DEDUCTION TOTAL AMOUNT $319,939.85 $0.00 $8,247.50 $328,187.35 APPROVED: APPROVED: Contractor Mayor ED: DATED: 07/24/2007 OVED: APPROVED: Director of Engineering City Administrator DATED: 07/24/2007 DATED: 07/24/2007 ~ Ce-) . . ~. TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of an Easement Grauting Crow River Golf Club the Right to Place a Driveway Over and Above Certain Property Located at the North Water Tower, 958 Golf Course Road NW DATE: July 24,2007 As previously discussed about a year or so ago, City staff and Crow River Golf Club representatives have arrived at an easement arrangement to allow a driveway to be constructed and maintained across the North Water Tower site. This access point would allow the golf club to construct a maintenance building is the area immediately southwest of the water tower site. We recommend approval of the attached Easement document. cc: Gary Plotz, City Administrator ~(f) . . . ACCESS EASEMENT This indenture made and entered into this _ day of , 2007, by and between the City of Hutchinson; a Minnesota municipal corporation, hereinafter ("Grantors"), and the Crow River Golf Club, Inc. at 915 Colorado Street NW, Hutchinson, MN, hereinafter ("Grantee"). Now therefore, for good and valuable consideration, which both parties acknowledge to be sufficient, Grantor hereby grants a permanent easement over and across the above-captioned real property described as follows: An easement for ingress and egress purposes over and across that part of the Norihwest Quarter of Section 36. Township 117 North, Range 30 West, McLeod County, Minnesota, described as follows: Commencing at the northeast corner of said Northwest Quarter: thence North 89 degrees 55 minutes West, assumed bearing, along the north line of said Northwest Quarter a distance of 565.92 feet to the centerline of Go~ Course Road (formerly County Highway No. 12): thence South 8 degrees 37 minutes East, along said centerline, a distance of 338.96 feet: thence. southerly, along said centerline, a distance of 738.14 feet, along a tangentiai curve concave to the east. having a radius of 2181.89 feet and a centrai angle of 19 degrees 23 minutes: thence South 62 degrees 00 minutes West a distance of 208.70 feet: thence North 28 degrees 00 minutes West a distance of 36.40 feet to the point of beginning of the easement to be described: thence continuing North 28 degrees 00 minutes West a distance of 172.30 feet: thence North 62 degrees 00 minutes East a distance of 22.00 feet: thence South 24 degrees 10 minutes East a distance of 140.30 feet: thence North 65 degrees 22 minutes East a distance of 197.17 feet to said centerline: thence southerly, along said centerline a distance of 33.03 feet to the intersection with a line bearing North 65 degrees 22 minutes East from the point of beginning: thence South 65 degrees 22 minutes West 209.19 feet to the point of beginning. The Grantee shall assume all liability arising out of the usage of the access facilities within this easement area. The Grantee shall be responsible for all surfacing and drainage improvements and future maintenance deemed necessary by the Grantor to maintain a suitable 20' wide driving surface. The Grantor reserves the right to utilize all improvements and facilities within the easement area. Future improvement costs to Golf Course Road NW to accommodate the access point within this easement area will be assessed to the Grantee as deemed appropriate by the Grantor. This easement shall be binding upon the successors. heirs and assigns of the parties in perpetuity. In witness whereof, said Grantors here unto have set their hands to this instrument on the day and year first above written. GRANTORS: CITY OF HUTCHINSON CITY OF HUTCHINSON By: By: Printed Name: Printed Name: Titie: Title: Co (f-) . . . STATE OF MINNESOTA } } ss } COUNTY OF McLEOD The foregoing instrument was acknowledged before me this _ day of and ,2007, by (Name) (Tille) (Name) (TiUe) . of Hutchinson Manufacturing & Sales lnc, a Minnesota corporation, Grantors. This document was drafted by: Marc A. Sebora Hutchinson City Attorney 111 Hassan St SE Hutchinson MN 55350 (320) 234-5683 SIGNATURE OF PERSON TAKING ACKNOWLEDGEMENT ~(-f) @ @ "t, it 1t;@$:etA ~f ~@$ >0 @ il. IT! J,t!'u '188 r !:~\~. 'SitW -~ ~:,M,;; Il....k\' \ ::;'i; \. :::~;~'<.:W i ':~ @, tA\.i~~::' ~ -215i ~'1l"9 ~:~\ ~t~:~~~92.. )OJ ';,~r:,~.r~;t~: .lltlt! 'f'u I \ ~\ """. ,~Cj \ '* :.::;: $i l,;.t . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration ofItems for Northeast Trunk Storm Sewer Phase 2 (Letting No. 3/Project No. 07-03) DATE: July 24,2007 Project development activities and property acquisition discussions have advanced to a point where ordering a Public Hearing for the Northea&t Trunk Storm Sewer Phase 2 project would be appropriate. Attached are the necessary Resolutions and Engineering Report. . We recommend that the attached Resolutions be approved accordingly. cc: Gary Plotz, City Administrator . (p0 . . . RESOLUTION NO. 13246 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO.3 PROJECT NO. 07-03 WHEREAS, it is proposed to improve: Northeast Trunk Storm Sewer - Phase 2. WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 24th day of July 2007. Mayor: Steven W. Cook City Administrator: Gary D. Plotz lol~ . . . HUTCHINSON PUBLIC WORKSIENGINEERING DEPARTMENT Hutchinson City Center/II t Hassan St SE/Hutchinson MN 55350-2522/32Q-234-4209/FAX 320.234-4240 ENGINEERING REPORT & FEASIBILITY STUDY TO: Mayor and City Council FROM: Kent Exner, City Engineer DATE: July 24, 2007 SUBJECT: Letting No. 3/Project No. 07-03 I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L3/07-03 Northeast Trunk Storm Sewer - Phase 2 ESTIMATED COST TOTAL Construction Cost $600,000.00 Enaineerina $90,000.00 Administration $36,000.00 Fiscal/Leaalllnterest $18,000.00 Prooertv Acauisition $150 000.00 ESTIMATED TOTAL $894,000.00 ESTIMATED FUNDING TOTAL City Bondina $724,000.00 Prooertv Assessments $170,000.00 Stormwater Utilitv Fund $0.00 City - Water Funds $0.00 City - Sewer Funds $0.00 Municioal State Aid $0.00 Federal Aid $0.00 ESTIMATED TOTAL $894,000.00 lD lj) .--- . . . RESOLUTION NO. 13246 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO.3 PROJECT NO. 07-03 WHEREAS, it is proposed to improve the area east of Maple Street NE between Northwoods Ave NE and North High Drive NE - "Northeast Trunk Storm Sewer - Phase 2", by construction of trunk and lateral storm sewer, pond excavation, sanitary sewer, watermain, grading, restoration, landscaping and appurtenances. WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 24th day of July 2007. Mayor: Steven W. Cook City Administrator: Gary D. Plotz &{5){0J~ -- . . . HUTCHINSON PUBLIC WORKSIENGINEERlNG DEPARTMENT Hutchinson City Centerl! t! Hassan St SElHutchinson MN 55350-25221320-234-4209IFAX 320-234-4240 ENGINEERING REPORT & FEASIBILITY STUDY TO: Mayor and City Council FROM: Kent Exner, City Engineer DATE: July 24,2007 SUBJECT: Letting No. 31Project No. 07-03 I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L3/07-03 Area east of Maple Street NE between Northwoods Ave NE and North High Drive NE- "Northeast Trunk Storm Sewer - Phase 2", by construction of trunk and lateral storm sewer, pond excavation, sanitary sewer, watermain, grading, restoration, landscaping and appurtenances ESTIMATED COST TOTAL CO/l$tt\.Ictlon Cost $600 000.00 Enaineerlna $90 000.00 Administration $36,000.00 Flsc;sULMlaUlntel'll8t $18.000.00 P AcQUisition $150.000.00 ESTIMATED TOTAL $894.000.00 ESTIMATED FUNDING TOTAL CltvB $724.000.00 Prooerlv Assessments $170,000,00 Stonnwaler Utilltv Fund $0.00 CitY - Waler Funds $0.00 CitY - Sewar Funds $0.00 Mun1ClDllI Stale Aid $0.00 Federal AId SO.OO ESTIMATED TOTAL $ 000.00 G (5) re-uis4 "-'" . . . " RESOLUTION NO. 13248 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO.3 PROJECT NO. 07-03 WHEREAS, pursuant to a resolution of the Council adopted July 24th, 2007, the City Engineer has prepared a report with reference to the improvement of the area east of Maple Street NE between Northwoods Ave NE and North High Drive NE - "Northeast Trunk Storm Sewer - Phase 2", by construction of trunk and lateral storm sewer, pond excavation, sanitary sewer, watermain, grading, restoration, landscaping and appurtenances, said report was received by the Council on July 24th, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes. Chapter 429, at an estimated total cost of the improvement of $894,000.00. 2. A public hearing shall be held on such proposed improvements on the 14th day of August, 2007, in the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 24th day of July 2007. Mayor: Steven W. Cook City Administrator: Gary D. Plotz to [j) fetJ6J . . . A MEMORANDUM POLICE I EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council tV' Dan Hatten, Director of Police / Emergency Management service"'" FROM: DATE: July 13, 2007 RE: Emergency Operations Center Roof This memorandum is to request approval to utilize the available funds in the capital improvement account to replace the existing roof on the Emergency Operations Center. I have received bids from Forcier-Marly's Roofing and Laraway Roofing which are attached to this memorandum. I would recommend accepting the bid from Forcier-Marly's Roofing of $6,756.00. Thank you for your consideration with regard to this issue. II kg 2007-01-0003 (pl\0 . Forcier-Marty's Roofmg PO Box 243 Hutchinson, MN 55350 Phone 320-587-8415 320-587-6837 Fax 320-587-1089 PROPOSAL For: Hutchinson Police Department 10 Franklin Street SW Hutchinson, MN 55350 Date July 10, 2007 Training Center Rernove ballast. and metal coping and save. Remove roofing, old roof vent and haul to landfill. Loose laid Yz" woodfiber insulation. Install new 60 mil Carlisle roof. Flash in walls. Install new colorklad metal scuppers. Seal in roof drains. Seal in pipe with prefab roof boots. Flash in curbs. Install walk pads under stands. Ballast roof with 1 Yz" round rock. Reinstall metal coping. Clean up all debris do to roofing project. Base Bid $6756.00 1 0 year Carlisle labor and material warranty plus 20 year material warranty ADD $450.00 . Payments. unless otherwise specified above shall be due 10 days after receipt of the billing. Ifnot paid, tbe unpaid balance shall accrue interest at the maximum allowable rate on a monthly basis commencing on the date completion. The amount due shall become immediately due and payable and the customer does hereby agree to pay all costs of collection, including reasonable attorneys fees and expenses. This agreement shall be contingent and subject to any strikes, accidents, unfavorable or unseasonable weather, unavailability of products and materials or other delays beyond our control. Any and all warranties are limited to those expressly set out herein and there are no other warranties, either or implied of fitness, purpose or merchantibility. THIS PROPOSAL IS OFFERED FOR ACCEPTANCE WITHIN 30 DAYS AND IS SUBJECT TO REVIEW THEREAFTER. . Accepted By: Respectfully Submitted: --1..,...1>:'_ fOhoA1". - - loL0 . . . Hutchinson Police Station Hu tchinson 8/23/06 Furnish and installed, for the sum of: Small Roof on the rnain police station: SIX THOUSAND TWO HUNDRED DOLLARS ($ 6,200.00) Large Roof (Old Fire Hall or Training Center): SEVENTEEN THOUSAND THREE HUNDRED DOLLARS ($17,300.00) NOTES: 1. This price does not include a building permit or performance bond if required. 2. Laraway Roofing's Contractor ID Number is # 20069266. (EEOj AA) ALTERNATES: Alternate 1: Repair the perimeter and Reflash the penetrations on the Training Center. 1, Remove the existing sheet metal and rnark for re-use. 2. Remove the old flashing around the perimeter of the building and from all penetrations on the roof. 3. Dispose of all debris at a state approved landfill at no additional cost to the owner. 4. Furnish and install a "Reinforced Perimeter Fastening Strip" around the perimeter to deter the membrane from pulling away from the edge. This shall be mechanically fastened to the existing wood blocking. 5. Reinstall old sheet metal flashing, using new sheet metal screws and caulking as required. 6. Furnish the owner with a 2-year roofers labor and material warranty, on new work performed only. For the sum of: TEN THOUSAND FOUR HUNDRED DOLLARS ($ 10,400.00) Due to the fact the above listed work to be performed is of a repair nature and not complete replacement, we cannot guarantee that this will be the only charges that you may incur. We try to provide you with the most realistic figure possible, however, upon actual construction of the project, we may incur additional problems that were not 2 01-05-0544 (Pl~ . . . MEMORANDUM DATE: TO: July 18, 2007 for the July 24,2007 City Council meeting Hutchinson City Council Rebecca Bowers, AICP, Planning Director Dan Hatten, Police Chief FROM: CC: SUBJECT: Motor Home, Trailer, and Recreational Vehicle Parking Ordinance Research BackQround: At the June 26,2007, City Council meeting, a resident expressed concern over parking recreational vehicles in the front yards of residential property. The Council directed staff to research ordinances of other cities regarding this matter. The Hutchinson City Code regulates the parking of motor homes, trailers, and RVs only on the street and right of way, as follows: Section 72.07 Motor Home, Trailer, and Recreational Vehicle Parking Restricted: (B) "It is unlawful for any person to leave or park a motor home, trailer or recreational vehicle as defined in this section on or within the limits of any street or right of way for a continuous period of six hours, except where signs are erected designating the place as a campsite or in a mobile home park. Provided however, that during the six-hour period, the vehicle shall not be occupied as living quarters." Research: Staff conducted research on this topic and has provided the information on various cities' requirements on the attached list. Cities with similar regulations to the current Hutchinson ordinance are Litchfield, Glencoe, Fairmont, and New Ulm, which do not regulate RVs on private property. There is a lot of variety in how cities regulate this issue. Regulations include limits on the number of RVs, requiring RVs to be parked in the side or rear yard, parking on hard surfaces only, setbacks to lot lines, screening requirements, and various requirements depending upon the size or weight of vehicles. The attached list provides a sampling of cities' requirements for the Council's information. ~/0 . . . SURVEY OF CITIES' ORDINANCES RECREATIONAL VEHICLES PARKED ON PRIVATE PROPERTY BUFFALO It is unlawful for any person to leave or park a recreational camping vehicle on or within the limits of any street or right-of-way for a continuous period in excess of24 hours. Such vehicle shall not be occupied as living quarters. Not more than 2 recreational vehicles may be stored on a private residential lot. FAlRMONT . Does not regulate on private property. FARMINGTON Recreational vehicles parked on residential property shall be registered to the owner oflessee ofthe property and display a current license. May be located in the front yard provided they are kept on a hard surfaced driveway. Allowed in the side or rear yard if parked or stored on asphalt, concrete, or decorative landscape rock. Recreational vehicles may not be parked in front ofthe principal building on a residential lot. May not be parked or stored on public property. May be parked on street right-of- way for a period oftime not to exceed 72 consecutive hours. FERGUS FALLS One unoccupied trailer coach (portable structure or vehicle desigued to permit occupancy for dwelling or sleeping purposes) allowed in rear yard of dwelling. No living quarters or any business allowed while parked or stored. Unlawful to park an occupied trailer coach on any street or other public place for a period of time in excess of 8 hours, and then only between the hours of sunrise and sunset. Not allowed more than 48 hours on the premises of any occupied dwelling or business building lot, nor more than 24 hours on any lot which is not a part ofthe premises of any occupied dwelling or business building when the same is occupied, except in a trailer coach park, unless permit obtained. GLENCOE No regulations on private property. Only regulate on the street and right-of-way. HUTCHINSON No regulations on private property. Only regulate on the street and right-of-way. LITCHFIELD No regulations on private property. MANKATO Allow parking on private property if parked on hard surfaced area of asphalt or concrete. NEW ULM No regulations on private property. There have been no issues or complaints. rl00 NORTHFIELD Recreational vehicles less than 25 feet long are permitted to be parked on private property. . Recreational vehicles more than 25 feet long are not permitted to be parked on private property. ST. CLOUD One recreational vehicle allowed per lot. RV's are defined by weight and license decal. RV's heavier than 6,000 Ibs. are prohibited. Parking is allowed on grass in rear yard, however hard surface required in all other yards. Setback is equal to principal building setback. There is a proposed ordinance to consider further restricting recreational vehicles from parking within the required front and side yard setbacks. ST. LOUIS PARK If the recreational vehicle fits in the garage, it should be stored there. There are regulations for different sizes ofRVs. Screening with fence and plantings is required to parking small and mid-size RVs in front or side yards (even on driveway), with 5 feet setback from all side and rear property lines. No oversize RVs allowed in front yard. There are regulations for different sizes ofRVs. Large RVs may only be parked in rear yard on improved parking surface with screening. W ACONIA Recreational Vehicles not allowed to be parked in front yards. Must be 5 feet from side and rear property lines. . WILLMAR One RV allowed per property. Must be stored in rear yard not in driveway or front yard. Must be 5 feet from property line. No limit on boats. . ?;{0 . BA5EBALU50FTBALU50CCE~FOOTBALL Information Ballfield Soccer/F ootball 20 Fields 15 Fields Baseball/Softball Games Soccer/F ootball Games 1,725 345 Participation . Hutchinson Jr. League 429 Hutchinson Girls Fastpitch 152 Legion/Town Team 40 PRCE Baseball/Softball 409 Adult Softball 1,037 Youth Football 433 Youth Soccer 368 TOTAL 2,459 . ~lb) 1211 have a very short 2-slide presentation for you at the next meeting of the City Council. In the meantime, please give me a call at 234-4223 if you have any questions or need additional information, Thanks. \< ( i, ~ J - / . . . TO: Mayor and City Council FROM: Kent Exner, City Engineer John Olson, Public Works Manager Randy DeVries, Water/Wastewater Manager RE: Potential Sales Tax Funded Projects DATE: February 15, 2007 As requested, the Public Works Management Group has identified a limited mnnberofpotential sales tax funded projects below that would provide a general public benefit. Realizing that some of these projects are fairly cost-intensive, a variety of funding sources may have to be utilized to proceed with appropriate projecI development and, ultimately, construction. 1. Les Kouba Parkway/West River Park/Gopher Campfire Sanctuary Total cost estimated at $1,200.000 (2008 Capital Improvement Plan), including wastewater work, but not including all potential park/sanctuary amenities. Project would address an area that is in need of improvement, especially afier the completion of the TH 7 Reconstruction project and the Montana Street Extension improves vehicle and trail user accessibility to this area. Potential partnerships and additional funding possibilities include Gopher Campfire, Mn/DOT (parkland dedication resolution), City Parks/Recreation, trunk utility funds, and possibly Luce Line Trail users groups. 2. South Grade Road Trail Extension Total estimated cost at $175,000 (2008 Capital Improvement Plan). Project addresses the extension of the existing bituminous trail along the north side of South Grade Road (Lakewood Drive to east of Roberts Street). This project would provide a trail from a developing area of Hutchinson to School Road, thus providing a connection to the existing trail/sidewalk system. Potential partnerships and additional funding possibilities include McLeod County (use of right-of-way) and Safe Routes to School Grants. 3. Washington Avenne Improvements Total estimated cost at $1,500.000 (2008 & 2009Capitallmprovement Plan). includes construction of a roundabout at Adams Street intersection, reconstruction of roadway from Adams Street to Main Street, andfull utility replacement/rehabilitation. Project is in a heavily traveled commercial area with local and regional traffic. Potential partnerships and additionalfunding possibilities include Trunk Highway Turnback Funding, property improvement assessments, and trunk utility funds. 4. Downtown Parking Lots Total estimated cost at $750,000 (2007 & 20lOCapitallmprovement Plan). includes complete reconstruction of Parking Lots Band C. These facilities provide vehicle parking to a large number of businesses and other adjacent property owners/uses. Potential partnerships and additionalfunding possibilities include Downtown Association and EDA Grants. 5. Water Treatment Plant and Wastewater Treatment Facility Expansion Examine potential retroactive funding of the on-going Water Treatment Plant project (approximate total project cost of $18,000,000) or upcoming Wastewater Treatment Facility expansion (estimated total project cost of$14,OOO.OOO). .6>0) . MEMORANDUM Date: July 19, 2007 To: Honorable Mayor & City Council From: Miles R. Seppelt Economic Development Director RE: Yo If; Sales Tax Proposal Project Name Energy Park Drive Prolect Summary Construct 2,500' +/- industrial park road to bring access to the northern half of the industrial parte Approximately 5,100' of lines to loop water and sanitary sewer from 5~ Avenue SE to Old Hwy 22 / Adams Street. Ponding and trunk storm water Infrastructure Is needed to address storm water runoff. . Project Location 51h Avenue SE between Cenex & Hutch Iron & Metal Who Benefits The resulting job creation and tax base will benefit the entire community. Road Water & Sewer lines Storm water pondlng & infrastructure 2,500 feet 5,100 feet $400 / foot $120/foot $1.000,000 $612,000 $100.000 $1,712,000 Estimated Costs TOTAL Timeframe As soon as possible. Rationale Project will open up the 77-acre EDA owned parcel for economic development. Completion of current projects will very nearly leave us without industrial park land for development. Having industrial park space (and building space) is available and readv-to-ao is the key to facilitating economic development. Prospects are fairly easy to come by - being able to meet their needs for land and buiiding space is the biggest challenge we have. Our ability to assess adjacent property owners for the initial 300' of road is very small, because the project provides limited benefit to Cenex and Hutch Iron & Metal. . ~(bJ . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of State of Minnesota Grant Agreement for the Hutchinson Dam Replacement Project DATE: July 24, 2007 The attached agreement is required for the Minnesota Department ofNalural Resources to grant $475,000 of dedicated funding to the Hutchinson Dam Replacement Project. As previously requested, Ciiy staff has reviewed the stated "Expiration Date" of November 30, 2008, with DNR staff. DNR staff has connnunicated that Ihis date should be maintained as-is with construction currently being anticipaled for this fall. We recommend that the necessary Resolutions and Agreements be approved accordingly. cc: Gary Plotz, City Administrator C(L0 . . . RESOLUTION NO. 13238 AUTHORIZATION TO EXECUTE STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES GRANT AGREEMENT FOR HUTCHINSON DAM REPLACEMENT PROJECT (L2/P07-02) 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 24th day of July, 2007. Mayor: Steven W Cook City Administrator: Gary D Plotz ~L~ '1.;-, . 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 hegin work under this grant contract until this contract is fully 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 cornplete the project and comply with state and federal regulations, including but not limited to: DNR Division of Waters Permits, Stormwater 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 y' . 4.1 Consideration. The State will pay for all services perfonned by the Grantee 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 reirnbursed 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 of the State for all compensation and reimbursements to the Grantee under this grant contract wil1 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 perfonned 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) Federal funds. No Federal funds are being used. . 5 Conditions of Payment All services provided by the Grantee under this grant contract must be perfonned to the State's satisfaction, as detennined at the sole discretion of the State's Authorized Representative and in accordance with all 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 local law. 6 Authorized Representative a The State's Authorized Representative is Robert Collett, Area Hydrologist, 20596 Highway 7, Hutchinson, MN 56537 320-583-2550, or his/her successor, and has the responsibility to monitor the Grantee's perfonnance 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 Assigriffient 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 lLc0 ,~ . . 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 harmless 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 remedies 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 oftms grant contract. . 10 Government Data Practices The Grantee and State must 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 ernployees and agents wi 11 not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf ofthese 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 S&J ". 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. .3 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-Iaw provisions, governs this grant contract. Venue for all legal 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 may cancel this grant contract at any 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. .1. STATE ENCUMBRANCE VERJFICATION Individual certifies that funds have been encumbered as Required by Minn. Stat. "i6A.i5 and 16C.05" Signed: Date: CFMS Grant contract No. A- 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: steven W. Cook, Mayor I Date: 07/2.''/'/7.007 By: Title: Gary I Date: D. Plotz, City 07/2ft/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 q&) " . STATE OF MINNESOTA GRANT AGREEMENT Hutchinson Dam ATTACHMENT A NATURE AND SCOPE - This project is for the reconstruction of the South Fork ofthe Crow River Dam in Hutchinson and rock rapids. PURPOSE - The rock rapids will eliminate operation ofthe 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 Iowhead dam. SPECIFICA nONS - The 11 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. - Furnish and deliver 6180 tons of base rock - Furnish and install 2515 tons of filter rock -Placement ofrock fill according to design. Mobilization of equipment. . COMPLETION - All placement ofrock, 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 5t. 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 1509 1 5. Avenue North Fergus Falls, Minnesota 56537 Phone: (218)739-7576 Ext. 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 ~ leL) . . . . CITY OF HUTCHINSON MEMO Finance Department July 19, 2007 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: 2006 CITY OF HUTCHINSON FINACIAL REPORT As scheduled, Kyle Meyers will be reviewing the 2006 Comprehensive Annual Financial Report (CAFR) at the workshop, Tuesday that beings at 4:15 p.m. You should have received the document along with the management letter at the last council meeting. Please bring your copy to the workshop along with your questions. We would ask formal acceptance of the report at the regular meeting following Kyle's summary of the report. H:\DOC\City council memo I.doc 1c{0 . . . MEMORANDUM DATE: TO: FROM: July 18, 2007 for the July 24, 2007 City Council meeting Hutchinson City Council Rebecca Bowers, AICP, Planning Director SUBJECT: ZONING ORDINANCE AMENDMENT TO ADD SCHOOLS TO THE CONDITIONALLY PERMITTED USES IN THE 1-1 (LIGHT INDUSJRIAL) DISTRICT BackQround: The City has received application for a Zoning Ordinance amendment to allow "charter schools" in the 1-1 (Light Industrial) zoning district. The applicant wants to relocate both New Century and New Discoveries Charter Schools onto property that is zoned 1-1. The Zoning Ordinance currently allows "schools" in residential or commercial districts with approval of a conditional use permit. Staff has discussed with the applicant changing the request to "schools" rather than specifically "charter schools" and they are willing to do so. Although the applicant's interest in the amendment is for a specific site, the ordinance amendment would apply to all properties that are zoned 1-1. The areas within the City that are zoned 1-1 are identified on the attached map. If the ordinance amendment is approved, the applicant would then apply for a conditional use permit and site plan for the specific site to construct the school. Additional information is contained in the attached Planning Commission staff report. PlanninQ Commission MeetinQ: The Planning Commission held a public hearing and considered the request at their July 17, 2007, meeting. Several members from the public spoke in favor of the request to allow schools in the 1-1 district. The applicants provided history on the difficulty of finding a site that allows schools and is affordable. Also discussed was the investor group's need for a building that can be rented if the school vacates the building. The Commission expressed both support for the school and potential concerns with locating in an industrial area. The Commission discussed the zoning district in which schools are allowed, the differences between schools and technical schools, whether an industrial area is appropriate for elementary students, and noted that high school students would be a better fit. The Commission discussed the potential impacts of adjacent uses on the schools, such as chemical hazards, air quality, and traffic. The applicant provided information on their emergency plans and stated how the industrial location is an asset for their teaching methods. The Commissioners debated whether a school would meet the goals and objectives of the industrial district and whether adjacent and future industrial property would have negative impact. loLb) . . . City Council Memo July 24, 2007 ZOTA for Schools in 1-1 Page 2 After much discussion, the Commission provided the following findings with a split vote: 1. The amendment would be consistent with the intent of the Comprehensive Plan as allowing schools as a conditional use in the 1-1 district would aid in training students and would be complementary to industrial uses. 2. The change in the ordinance to add schools in 1-1 is necessary to modernize the ordinance to reflect the changing times and nature of education. Recommendation: The Planning Commission recommended approval under a split vote with 4 ayes (JH, LO, MF, FC), 2 nays (JL, CK), and 1 abstention (CR) to amend the ordinance, with the stated findings in the attached resolution. IDlb) . . . RESOLUTION NO. 13241 RESOLUTION APPROVING A ZONING ORDINANCE AMENDMENT TO ADD SCHOOLS AS A CONDITIONAL USE IN THE 1-1 (LIGHT INDUSTRIAL PARK) DISTRICT Whereas, Jim Fahey, on behalf of New Century and New Discoveries Charter Schools, the applicant, has requested approval to amend the zoning ordinance to add schools as a conditional use in the 1-1 (Light Industrial Park) District. Whereas, the Planning Commission held a public hearing on July 17, 2007, on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby approves the amendment, subject to the following findings: 1. The amendment would be consistent with the intent of the Comprehensive Plan as allowing schools as a conditional use in the 1-1 district would aid in training students and would be complementary to industrial uses. 2. The change in the ordinance to add schools in I-I is necessary to modernize the ordinance to reflect the changing times and nature of education. Adopted by the City Council this 24th day of July, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor 'LL~ ORDINANCE NO. 07-0467 . AN ORDINANCE AMENDING CHAPER 154 (ZONING) OF THE HUTCHINSON CITY CODE TO AMEND SECTION 154.067 TO ADD LANGUAGE TO INCLUDE SCHOOLS IN THE 1-1 (LIGHT INDUSTRIAL) DISTRICT THE 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 154.067 of the City Code to add schools as a conditionally permitted use in the I-I District, as follows: 9154.067 I-I, LIGHT INDUSTRIAL PARK DISTRICT. (B) Permitted uses. Within an I-I district, unless otherwise provided by this chapter, no uses are permitted except for the following: (1) . (2) (3) (4) (5) (6) (7) Manufacturing: any light manufacturing or process including repairs, assembling, fabricating, altering, converting, finishing, processing, treating, testing, packaging or bottling; except any use or process hereinafter specifically excluded or which would not be in keeping with the purpose of the district as stated above. This determination shall be made by the Planning Commission upon review of the building permit application. Manufacturing includes the storage of goods or materials related to the manufacturing process. Offices; Office-showroom buildings; Warehousing, storage and wholesaling: the storage, handling and distribution of goods and materials for retail, wholesale or on-site use, except any hazardous combustible materials or flammable liquids or gases. This classification does not include truck terminals; Vocational and technical schools; Pawnbroker establishments; and Massage services establishments. (C) Conditional uses. (1) Motor vehicle body shops; (2) Dog kennels; (3) Bulk storage of liquid; (4) Athletic clubs; (5) Restaurants; (6) Recyclable material collection center; (7) Grain elevators; and (8) Tattoo establishments and adult-oriented businesses. (9) Storage Units (] 0) Schools EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. . Adopted by the City Council this 14th day of August, 2007. Attest: Steven W. Cook Mayor Gary D. Plotz City Administrator lDCb) r_"""'flI:(,it;{P'_~'-_/A'_/JI'7,IY'_/_"____/,I__/I'7#:_I_/lY8_____'__;__AI"/#_~____/I_/#""",-__.""./_/I'/...______AllT_/IM'_~""""___K/.,. 1 DIRECTORS REPORT - PLANNING DEPARTMENT ! ~. f iIr~/fl/""'/""'/..%ffY#'/'/I7_~A#r____AI'AiiIF______(.#r._,hP/E/At;l/Ir)'_/#/,/I'_.__;__._,_/'/I/I..iII'_,/,I,/'.{I'/I/'/I_/I\(I'),_,1_/l/"~____'__/___/A;/,K,#~__,__.dr_" '-0: From: Date: Subject: Applicant: Hutchinson Planning Commission Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Shan Ghimire, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dirnler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (persons in attendance at Planning Staff Meeting (in bold) July 9, 2007 for July 17, 2007 Planning Commission Zoning Ordinance Amendment to Add Schools as a Conditional Use in the I-I (Light Industrial Park) District Jim Fahey, on behalf of New Century and New Discoveries Charter Schools ZONING ORDINANCE AMENDMENT: The City has received application for a Zoning Ordinance amendment to allow "charter schools" in the I-I (Light Industrial) zoning district. The applicant wants to relocate both New Century and New Discoveries Charter Schools onto property that is zoned I-I. The Zoning Ordinance currently allows "schools" in residential or commercial districts with approval of a conditional use pennit. Staff has discussed with the applicant changing the request to "schools" rather than specifically "charter . schools" and they are willing to do so. Although the applicant's interest in the amendment is for a specific site, the ordinance amendment would apply to all properties that are zoned I-I. The areas within the City that are zoned 1-1 are identified on the attached map. If the ordinance amendment is approved, the applicant would then apply for a conditional use permit and site plan for the specific site to construct the school. Proposed Amendment: The following shows the existing permitted and conditional uses in the I-I district with the proposed amendment in underlined text: 9154.067 I-I, LIGHT INDUSTRIAL PARK DISTRICT (B) Permitted uses. Within an I.J district, unless otherwise provided by this chapter, no uses are permitted exceptfor the following: (1) . (2) (3) (4) Manufacturing: any light manufacturing or process including repairs, assembling,fabricating, altering, converting, finishing, processing, treating, testing, packaging or bottling; except any use or process hereinafier specifically excluded or which wouJd not be in keeping with the purpose of the district as stated above. This determination shall be made by the Planning Commission upon review of the building permit application. Manufacturing includes the storage of goods or materials related to the manufacturing process. Offices; Office-showroom buildings; Warehousing, storage and wholesaling: the storage, handling and distribution of goods and materials for retail, wholesale or on-site use, except any hazardous combustible materials or flammable liquids or gases. This classification does not include truck terminals; Vocational and technical schools; Pawnbroker establishments; and Massage services establishments. (5) (6) (7) 10[1) Zoning Ordinance Amendment Charter Schools in 1-1 District Planning Commission- July 17,2007 Page 2 -) Conditional uses. (1) Motor vehicle body shops; (2) Dog kennels; (3) Bulk storage of liquid; (4) Athletic clubs; (5) Restaurants; (6) Recyclable material collection center; (7) Grain elevators; and (8) Tattoo establishments and adult-oriented businesses. (9) Storage Units (l0) Schools Analysis of Amendment: In reviewing the proposed ordinance amendrnent, the Commission should consider whether the proposed use is consistent with the purpose of the zoning district and the Comprehensive Plan. Section 154.067 of the Zoning Ordinance states the purpose of the 1-1 (Light Industrial Park) as: Purpose. It is the purpose of the I-l district to create industrial areas that will be acceptable within the city and will not adversely affect adjacent business or residential neighborhoods. Industrial developments should be either: I. Those whose operations are relatively free from objectionable influences; or . 2. Those whose objectionable features will be obviated by design or appropriate devices. The Comprehensive Plan describes uses within the industrial land use category as including: " manufacturing, warehousing, assembly, truck terminals, mining, quarries, and other businesses that provide goods and services, but not directly to the public. " The Commission should consider whether adding "schools" to an industrial land use category is consistent with the purpose of the Comprehensive Plan and the I-I zoning district. "Vocational and technical schools" are currently permitted uses within the I-I district as they are considered complementary uses that provide training for employees of industrial uses. The applicant has stated that a location in an industrial area is a benefit to their teaching methods and their narrative states: "Charter schools are entrepreneurial in nature and share a common interest with the business community. It is common for charter schools to use community experts to assist and direct projects. This makes for a unique relationship with area businesses and manufacturers. " (Refer to attached narrative). . Planning Staff Meeting: Staff reviewed the request at the July 2nd planning staff meeting. Staff was divided and could not come to a recommendation. Several staff did not have issues with allowing schools in light industrial districts, provided that appropriate safety measure would be taken on the site. Comments ranged from "1 don't have any problem with it" to "It is bad public policy to allow schools in industrial districts". lDL~ Zoning Ordinance Amendment Charter Schools in 1-1 District . Planning Commission- July 17, 2007 Page 3 etaff expressed concerns over the incompatibility and impact of industrial uses on the school, including the potential for future complaints from the school and parents as adjacent industrial properties expand and vacant industrial properties develop. Analysis of Impacts: Schools are traditionally located within residential districts due to the logical connection with neighborhoods and desire for proximity to housing, parks, and amenities such as sidewalks and trails. The safety and lower traffic levels of residential areas are also desired features for locating schools. The Planning Commission should consider the following potential issues with locating schools in industrial uses in their recommendation to the Council: . Consistency with Comprehensive Plan . Intent ofI-1 (Light Industrial) zoning district · Characteristics of industrial uses, such as noise, truck traffic, appearance, safety issues, etc. · Conflicts between industrial truck traffic with buses and vehicles dropping off/picking up students · Noise, smell, and potential environmental impacts of industrial uses on outdoor play areas . Expansion of existing industrial uses in the future · Future development of vacant industrial property and inability to restrict permitted uses · Potential for conflict and complaints from school and parents regarding industrial uses and traffic surrounding the school. . If the City approves the amendment to allow schools as a conditional use, specific site issues would be reviewed and appropriate conditions could be included with the CUP based upon the characteristics of a particular site. A school surrounded by industrial uses could install fences and buffer with landscaped berms and trees, however, the overall characteristics of industrial properties may not be able to be mitigated without limiting the development of surrounding industrial businesses. Researcb of Otber Cities Regulations: Staff researched various cities' requirements for locating schools in industrial districts and sent out an emaij to the MNAP A (planning association) for assistance. There were a variety of responses on this topic, ranging from schools are permitted uses in their city to "the learning environment is at odds with machinery, production and traffic concerns". Some cities such as Minneapolis, St. Paul, Brooklyn Park, Eagan, Maplewood, Waconia, and Glencoe allow schools with either a CUP or other special requirernents such as when adjacent to existing park and public school or in converted industrial buildings. Other towns such as Willmar, St. Cloud, New Ulm, Minnetonka, Plymouth, and Elk River do not allow schools in industrial districts. Refer to attached chart for additional information and comments from various communities. . There does appear to be a trend in urban areas for allowing schools in redeveloped industrial areas. Additionally, new schools tend to develop on the edges of communities due to the lack of available affordable large tracts of land. In these cases, there may be a wider variety of surrounding land uses than traditional schools in residential neighborhoods. \ bLJ:) Zoning Ordinance Amendment Charter Schools in 1-1 District Planning Commission- JuJy 17, 2007 Page 4 ttPPlicant's Materials: The applicant has provided several documents providing additional information about charter sChools and several letters of support from community members and businesses. These documents are included in your attachments for your review. A representative from the Charter School will also be at the meeting to answer questions. Conclusion: A draft ordinance adding "schools" as a conditional use to the I-I district is attached for the Planning Commission's review. The Commission should hold a public hearing and provide a recommendation to the City Council. Staff will draft a resolution with findings after receiving direction from the Planning Commission. Attachments: Cornparison of Cities Information Provided by Applicant Letters of Support , ecc: Jim Fahey, 446 Main Street S Tim Ulrich, 14568 _I5Sth St. . 'b~ Zoning Ordinance Amendment Charter Schools in 1-1 District Planning Commission- July 17, 2007 Page 5 . PROPERTIES WITH 1-1 (LIGHT INDUSTRIAL) ZONING . [ , L" --: "'\;", i /' rlN ,L;_ "T>[\ '.... ' ' , '!-'--', '"'--'-'~...-- ( 1~/j:o"r'\ii riJ]" i,Fir-~..~ -" !, r.. \ '. ~,. .. ' ., I . : /,'-; ! '\ \ ....':-... ,",.., L_____~/, ~_."':'.~~__' '----i "---I <!1> '" . \ 1:) 4?J Willmar No St. Paul Yes- permitted use Mille Lacs County No Northfield Faribault Yes b interim use ermit No fa an Crystal Yes a rivate school Yes by CUP PI mouth Brooklyn Park No Yes in Business Park Dist MPCA Pine County Rosevillc No. May consider with a PUD Not permitted in industrial CUP in other zoning districts Yes with CUP Maplewood Minnetonka No Madison WI No - Glencoe New Ulm Waconia St. Cloud ~ ~ STRIAL DISTRICTS All public schools go in the GIl (Gov. Indust.). Private in CIl with CUP or allowed in med-high density residential or limited commercial. In converted old industrial buildings. Also in allowed in commercial zones. Sites are on arterial streets and close to nei hborhoods. Schools and industrial uses are a bad thing. Think about this as an interim use so there can be an ending date. Schools re uire a interim use ermit. Not appropriate for K-I2Allows higher education facilities in industrial districts There are some traffic issues created band affectin the school as er SRF Consultin Schools require a CUP. With the demise ofthe true neighborhood school and the increase in size of facility schools may be more appropriate in the industrial areas. But if the adjacent industrial uses are nois , hazardous, etc the im act of those uses on the ro osed school must also be taken into account. Allows hi her education facilities b CUP Must be next to a park and another public school. This was a tailor made zoning provision. Council couldn't sa no to kids. Businesses were concerned about kids and traffic. Commented on St. Paul Charter Schools in re-existin buildin s in the industrial areas Commented that it would be a big issue if consistent with Comp Plan. The comp plan should also be addressed if there is a conflict.Fencin should be re uired to kee students on the school ro e Bad idea. Exposing children to industrial activities, trucking, machinery, etc. Would have considered with PUD requirements and a site adjacent to a residential use or other non-industrial use. It is expensive and difficult to retrofit existing buildings. Cannot control expansion of existing neighboring industrial uses. Commented that would have Health concerns with ast uses on the ro e Concerns would be incompatible traffic needs (trucks vs. high school aged drivers), inconsistency with the purpose of the industrial district Allows schools by CUP. A CUP process allows the city to review parking demands and any other conflicts with surroundin uses, Issues of open space, recreation, and the learning environment are at odds with machinery, production and traffic concerns Academic schools are allowed in commercial and conditionally permitted in residential districts. Trade schools are allowed in industrial S ecial use in the business and industrial district. Allowed in Residential and Commercial Districts . . . Reasons for the request to amend zoning ordinance to include charter schools on the list of acceptable uses for a conditional use permit: The existing charter schools serving Hutchinson, Minnesota are both in temporary locations at this time. A group has come up with a long range solution to house the two schools in a new aprox 40,000 sq ft building proposed for the 1000 block of 5th Ave SE. Charter school buildings are funded in Minnesota through lease aid from the State of Minnesota based on a formula using the student population of the schools. Charter schools may not bond or use bond issues to fund buildings. Charter schools may not own real estate. Most charter schools are owned by private parties or entities such as non-profits, school districts, universities, etc. Charter school facilities must meet strict E (education) building codes, local zoning ordinances and safety criteria before lease aid is made available by the Minnesota Department of education. Charter schools are a relatively new concept (introduced in Minnesota in 1991) and didn't catch on as a concept in rural Minnesota until about 2000. For this reason, it is understandable Charter schools are not included on the list of acceptable CUP uses. Charter schools are entrepreneurial in nature and share a common interest with the business community. It is common for charter schools to use community experts from area businesses and manufacturers to help educate the students on certain subjects. Many charter schools, including New Century Charter School in Hutchinson are "project based" which requires project space and community experts assist and direct the projects. This makes for a unique relationship with area businesses and manufacturers. The need for future project space could be met by renting space from the proposed business incubator project being considered by the Hutchinson EDA. From an investment standpoint, it is not economically sound to construct a commercial building for charter school use in a non-industrial or non-commercial area. Use of the building years in the future could be a hardship for the owners and blightfor a residential area. Many Charter schools are similar in nature to trade schools. \b~ . Hutchinson TECHNOLOGY ~ Hutchinson Te<:hnology Inc. 40 West Hishland Park Dr NE Hutchinson, MN 55350-9784 320 587 3797 3205871810Fax 6/14/2007 To Whom it May Concern: Jack Yates Corporate Director of Site Development Hutchinson Technology Incorporated 40 West Highland Park Drive NE Hutchinson, MN 55350 I am writing this leller in support of the amending the existing zoning ordinance to allow a conditional use permit in the 1-1 zoning of the Industrial Park to allow a Charter School to be located within the park. . In 2002 HTI entered into a leasing agreement with New Century Charter Schools and we co- occupied the learning Center building during that school year. Essentially we occupied half of the classrooms while the School occupied the other half and we shared the commons spaces. At the end of the school year HTI negotiated a lease with NCCS to occupy the entire facility. The lease is valid until August 1 , 2008. We have shared the building and the earn pus without incident. The schools have adhered and enforced all of our policies and have been very cooperative. Based on our five years of experience I would not hesitate to recommend their occupation of a facility within the Industrial Park. The facility will be constructed to meet the standards of the park and it could be used by industry if the building was vacated. I do not believe that the student population will deter to utilization of the park. To support that claim I would refer to the East Campus of Ridgewater College which also did not impact the utilization of the park when it was occupied. What we have seen is a large percentage of the our employees children attend the Charter School and there is a benefit by having the parent working close to the school. Additionally. Charter Schools have more of a business approach to their curriculum and they would see a benefit to being located in an Industrial Park instead of a residential neighborhood. ck Yat utchinsoh Technology Incorporated ! v I. I \t;Lb) . . I I I. I June 13, 2007 City of Hutchinson III Hassan St Hutchinson, MN 55350 To Whom It May Concern: Recently I became aware of the proposed Charter School in the. Industrial Park. This would seern to be a great area for this type of "hands on" education where the learning is sometime based on actually experiencing how to do things rather than just read it in a book. I believe the Industrial Park would be an excellent location for this school. Doesn't Ridgewater already have classrooms or programs in the Industrial Park? As a landowner in the Industrial Park I have no problem with the Charter School locating in the vicinity. Si4~~ Rich L. Westlund, CLU lDlb) ~ www.edinarealty.com An affiliate of Edina Reolt'y Home Services, a -com.plete -reol estate s.ervices company . June 14, 2007 Hutchinson Building, Planning and Zoning 111 Hassan Street SE Hutchinson, MN 55350 To whom it may concern, I support the position of placing Charter Schools on the list of acceptable Conditional Use Permitted activities in the 1-1 Zoning District. .If you have any questions or concerns, feel free to call me at 320-587-3510 :th ftt( Edina Realty 904 Hwy. 15 South Hutchinson, MN 55350 . EDINA REALTY 904 Hwy. 15 South Su;'. E Hutch;n,on. MN 55350 PHONE 320.587.3510 FAX 320.5873265 \ Dlb ) HILLYARD,INC, ~<<<<->>:-:~-:-:-:<<-:<<@ THE CLEANING RESOURCE" , June 18, 2007 To: City of Hutchinson Scott Haag, General Manager of Hillyard, Hutchinson located at 26 Michigan Street would have no problem with the Charter School ~d in~::;s~~ict. ~~ Haag Hillyard, Inc. '~ . I. I P,O, Box 303 . 26 MICHIGAN ST, SE . HUTCHINSON, MN 55350 . 320,587.3236 . 800,423.3550 . FAX 320,587,7553 \tL\j '. . I I I. I June 18,2007 Dick Goebel 997 Roberts Road SW Hutchinson MN 55350 To Whom It May Concern@ City of Hutchinson I understand that a proposal to allow the use ofland to the east of my building, at 990 Slh Ave SE in the Industrial Park, for lhe purpose of building a Charter School is being considered. As the owner of neighboring propeny, I do not see a problem with this use, and can see many benefits. Sincerely. <;;;JJ Dick Goebel IDLbj . . . ~f PO BOX 47 flUTCHINSON MN 55350 June 18th, 2007 Dear City of Hutchinson I Hutchinson Planning Commission, It is our understanding that a proposal is going to be made that would add "Charter Schools" to the list of conditional uses for an I-I zoned property. This is in conjunction with an effort to find a home for the two Hutchinson Charter Schools in a facility to potentially be built by private investors in the industrial park. As an owner ofLynn Card Company, a business located in the industrial park, we have no objections to this proposal, We appreciate the fact that this issue was brought to our attention to give us an opportunity to voice our opinion, a '/};/;i ~/"'~ Eric Knutson, President Lynn Card Company \tL}j . llll!111 +..J.V\..-.l-c:::::..~..s- --:;= L~ ........1 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 TELEPHONE COMPANY . June 12,2007 City of Hutchinson Attn: Gary Plotz, City Administrator III Hassan Street Hutchinson MN 55350 Re: Industrial Park Dear Gary, As an owner of property in the Industrial Park, I have been approached as to whether Hutchinson Telephone Company would have any concerns to having a permanent home for the Charter School Complex, We understand that the 11 classification would have to be amended to allow this type of complex in the Industrial Park. As a property owner that would be adjacent to this complex, I want it known that I am supportive of the City revising the classification of! I to include such a complex, . Sincerely yours, .--...,-,.--.,-....~- Walter S. Clay ChainnanlPresident/CEO WSC:ja CC: Jim Fahey Robert Hantge I. 235 FRANKLIN ST-REET SW . P.O. Box 279 HUTCHINSON MN 55350-0279 PHONE(320)587-2323 . FAx(320)587-621 1 \Dl:0 . . . 340 Michigan ST SE PO Box 609 Hutchinson, MN 55350-0609 June 12, 2007 1-800-328-5189 320-587-2133 Fax 320-587-5816 RE: Charter School Building Location To Whom It May Concern: As an owner of a business located in the industrial park, 1 am writing to offer my support of New Century Charter School and New Discoveries Montessori Academy's desire to be located in the 11 zone. The "project based learning" of New Century Charter School has been a welcome and successful addition to our community, The "project based learning" model allows students the opportunity to learn about, work with and work in various businesses in the community, What better location for those students than in the 11 industrial park where business resources and experiences are plentiful. Again, I urge you to support our communities' Charter Schools desire to relocate into the 11 zone. Sincerely, \\X Dale D. Baker, CFO ltL0 Hutchinson COMMUNITY DEVELOPMENT COMMISSION . . . An Economic Development Authority ,,,,,,,,~,,,-_,,,_",,,,-~"-""'_'....oc-"'______""""-"'-C'_' ..-.~;,..-~.-._.-"".......,..,.~.._~ -A........~. r~~ "'____~___-.- "SCl:'I'~o "" July 5, 2007 \i /UU.: C;'iOi .~_,___ oOPt ,.y..Cilt.~ ,~, P.Z.&8 Mr. Jim Fahey 904 Hwy 15 South Hutchinson, MN 55350 Dear Mr. Fahey, I am writing to let you know that the Board of Directors of the Hutchinson Economic Development Authority has reviewed the proposal for the new Charter School facility in the industrial park and is supportive of the project. . Charter Schools are commonly found in areas zoned Industrial, due to the vocational component of the education they offer. . Having the building in the industrial park will allow for adaptive reuse of the facility if needed in the future. . The location of the facility next to the bus company makes sense logistically, . There will be opportunities to share costs with neighboring development (the proposed EDA spec building), We are looking forward to the implementation of this project, and if there is anything we can do to be of assistance, please let us know. If you have any questions or need additional information, please give me a call at 234-4223. Sincerely, '/r~ jl! J1' ~ Miles R. Seppelt ~ . Economic Development Director City of Hutchinson City Center Building .. 111 Hassan Street Southeast. Hutchinson, Minnesota 55350 320.234-4223 .. Fax 320-234-4240 . www.hutchinsoneda.com \DCb) . PRIDE8 SOLUTIONS v MAY WES MFG, ULTRA ill FLEX SKI June 13,2007 REC~rvEO JUN 1 {) 2007 &r of HUlclli:lSOIl pt.ofP.Z,&B Hutchinson Planning Commission City Hall Hutchinson, MN 55350 Ref. Charter School location To whom it may concern, I am writing to support the New Century Charter School in the proposed location of the Industrial Park. With their focus towards hands on learning, I see benefits of their possible association and learning opportunities with business currently located there as well as what is to come, . /( Tom Da~),l- . PO Box 7 . 120 Eastgate Drive SE . Hutchinson, MN 55350 Phone 320,587,0760 . Fax 320,587,7714 . 877,321,6789 . www.pridesolutions.us ) Deb) Jim Fahey a[rom: Koehler, John !John.Koehler@state.mn.usj Wtent: Thursday, May 31, 20071:16 PM To: Jim Fahey Cc: dave.conrad@newcenturycharter,com; Ryberg, John Subject: RE: HUTCHINSON CHARTER SCHOOL BUILDING PROJECT Attachments: Facility Requirements.doc Jim (and Dave), The only commitment that can be made is that MDE will generate aid to the charter school(s) in compliance with the laws in affect at the time of eligibility, The following is from the 2007-2008 Lease Aid Application, CURRENT LAW REQUIREMENTS Charter schools are eJigjb.1e to apply to thE Department of Education for charter ser,ool iease aid under Minnesota Statute 124D.11, subdivision 4. which states in part: "When a charter school finds it economicaHv advantageous to rent or lease a building or land for instructional purposes and It determines that the total operating capital revenue under section 126C.1 0, subdivisJon 13. is insufficient tor the purpoSE. it may apply to the commissioner for t,ullding lease aid for this purpose.. __The amount of building lease aid per pupil unit served for a charter school for any year shaii not exceed the lesser of la; 90 percent of the approved cost or (b,:' the product of the pupil units serv"ed fer the current year times trl€ gre;;::er <:,f the charter scnooi's lease aid per pupir unit Ser\i60 for fiscal year 2003. excluding the actjustrnenfunder L..a~v~ .002, chapter 392, article 6, sectron4', 0' $' .200 ' To Qualify for lease aid. a charter scr.QQJ bU~ld!ng must meet the following reQuireme:,ts Minnesota Statute 1240.1(;. subdivision 8. states. in oart ';A charter schoo! shall meet ail appiicable state ana iocai heait!""! ana safetv requirements," fV'linnesc-ta Statute "124D.l C'. subdi'v'lsicn -: 2. states in part: - "A. charter schOOi must comeiv with sections 125A.02. 125A.03 to i 25A..24, i 25A.65 and rUles r€lstlnO ic the education Of students with a disability as ihough it were a district."' ~ Buildino must have been ins;:,€ct~d as a c,ublic schoo! and be certifiec t,v the iocsi zenina authcrilV rer Educationai Group E occupancy, . '-. Building mUSt have been inse,ect6c oj' a fire mspect::,!' apore-vea t,y ln~ State Fire Marshad -:Jffice t::- inspecl publiC set-Iools. Charter school buildings ,--riLS: !TiE&! Ir,E ;~equirements ::,t T,nE II elf tj-'f- ,Cl.,merice.r:s, \J';'itr-, Disaciitt-es ..c'\C:t CA.DA and the ,6.,sbeslOs Hazard ET;ergency Rssccr:se -'~.c:: !~.HE?,P..' TheSe ieqUirSments are tc insi..JS Tr'oI stuoer:ls. STaff. caisr,TS srcg:...esIs s:r:::.:ss ~n6 state ha".i6 saf&_sccess:tde 8r:d SDorcpnct6 pubiic scheel buiioincrs_ Ti--jE &trached c€(tificEiricn ferr:, ,~eC;..i,;:"s_s a statemem -:!f assurance tha~ tr,e c:r,2,rl6r sChocd facility cOrT,ciies 'iv't~ tnese "eC,jirement8. NcnCCrT"'ICiianCE ':CU!C ,'esuit in tnEc :(',S8 of :scse alc and fe.Jerai grants. Lease aoprGvai must be in accc,oance \,\/itri Mir,nesota Sta\u~s i 240 ~.:, Sut,c. 4 which states 10 05:'. 'ThE- ;::::)mrr!\ssicner mus~ rev!6v.,,':?nd S!l~!6r approve or defi:/ a i6-2'25 3,:0 2CPiiC&~icr' US!r';Q t1E Tc;IC'Ning c,iter:e.: \ne :Easonabler:6SS of the Qrice 'casE:-d en :::Lrr-en1 7i'arket values: ;-2 :he -sxter'T tc Which the iease c-c'-',tc-rms TC apcdcat:1e S181e BINS and ruie:: cnc 3 :ne spD,cpr-iateness::::,f tr!E uCDosec :ease T ::-:6 c:crtEX7 c.r -f"-:E SJ:'2CE- '.Eeds 2nd fine.Gcia! c:r=urrsta.r'ce:3 ::>f ~r:6-::hane: SChOO!. ,A :-r-,a~6r schcc.! must r,et us~ the buddinc :6-Ce!\iSS TO: cJstociaL Ti&i:itenanCE se'-.,'Ice. , ". 'eaSS?,!(J It or other '::C'E;2~il~:g:CSts_ . Ch~"e: s:,C'O~' ~eases_~ust c:molY Wit" the :,rU)'Sions cf iI,-1S f\.,~.:::'. ~i:::4U_i....-.::::i....iOC. ~;:c. H€127EG c'an:/ iease COStS :2.1[; ~C'> 2ulJc. 23a 6/12/2007 \ tiJ0 ~a, ,A, ::"":a"18:' scheo! i~ prohiCiteG ~:'crr entering a iease cf ....~2.! o"'cc~:-:":i,'",t..; a rsiated !=-a.:-t'y' as ,jefjned ;n t'itS subdivis'cn. unless the 'esser:s 2 nonprofit corpora~icn unGer cr,:s:::sr :3~7~, 'Jr a coooe;,at~\/e under chapter 3C8,Ll" 2:<d the isase cost is reasonable ./.C6r sectIon 1240.1:'!, subdivIsion 4, Clause 4; j. ;D) For purposes tjf this subdivisicr:, . (1) A ';rela:ed, ;Ja;iy.!l ,is an ~!td!aie or ciose reiative cf the oU-;er party in question. an affiliate of a dose !:ve. or a ClOSE reiat:ve or an aml!a:s, i'?\ ;'Aftilia!s'; rnesns a person that d:recliv or :nd:recti.... thrOugh one or more :ntermediaries. controls. or is c~>'lrolled bv, or is under cc:;>;-y]on control witr:. another pe'-sc::, (3' 'Ciese ~e:ative" means an i;:-::i1V!OLa: whose is!atrcnS!tiD by biood. man"iage, or adoption ~o another ind; /:cuai is no TiO,e- '-er;ote than first CC;.:Si;-' [4) "Perso;-," nea:-:s an lndiv:c...i6; C'( e::Uy of any kind. u:. "C,:)(1tiol" Includes the IE:T~.s "controlling." 'ic8ntrc.!1ec~ ty 'i2~d ''L!:lde;- :OiT~O;""":' -:ortrd with" ai:d m6ans :ne possessio!';, direct :'( !r:direct. of !he pews'" tc dlrec~ c(:a.use tne direction of the management. operaticns, C7" pO:icies of a :,er2C-,. w;,etner througl"'! [he evv;"";6!""-ship of \/oting securities, by contract. Or OT,e (',jv'se :c; _<l. :SESS- :,f rea: orooertv t.:, :'S..iS6'] fer a :har1s: :::chcc: nC~>'C:'..:de,j in oaraaraon \0' rrUSl coma in rns ~ciir:i,,:ino stateme~t: ,;::-;~ .sase 1S sLi::+ec+ TC ~,,~;nnesota Statutes. section 1:24D~"0. suodivislor: 238." ~j ~~.i & ~i~~r~:'-.::;c'C.~~;-;~e~:~r~t;~ a~~~!;~';"e:-o~~~.~,::_,~J~~:~Y~~::~~ ~.~~::~:~~ ~~"~:::~i~C~C:' s~~s~~uer:,~Y ~ ~ ~~ _...Iv~es. '_' i,C ~""'i, H' ,,55 I\." '"ei '.c:.....,:.' ,,:;: 'b'., ,.... t :--C....I~, . :-. _: ,'__'=::0_ ':::;' .~c_'= :...;c.:J' 11_, ,tt:;;: _x'...ess ,_f tli'...iSe ,na.. el, e (5E.Senseie under sect:':, ., :.:::4u, i i. sut'C:V'S,(:I-: ~. C:iELlse i, 11. .c,,:so. \Ji ":-'~:~O,2. Statute -: 240. '=' ~:..;txliv!s;on':':'8 ':::~,::.~-=-<: .;,.. :-nember of a. c:har::E~ schoo: c'Gar:3 C,f dL'ec:crs :5 ::rc"":\ibitec TraIT' saG/lng as a me-~i1t:.er G~ ~tie :;C2rc:::' as 3.,' S:'"7"':i::c;/e-e _:), agenT Cf::~-=. :::"'t,ac1or \lv~1:, a 7c~<'rc-t;t e"t!ty ,!\.':tr ;v:-:o::--, :;'-:8 ::;:-:2:-::er SCr-'COI contracts '::'i~e:cti.'I' ~)r in,jjrectIV, f.::- :-~d2ssjcnal _S€1"".j!ces. gcc-cs. .:-~ ~sc:HL:es.' ac,d ..~ member cf 2.:j.-,a"'t6~ s~:':;"'COi D02Jd :::f '.:\;-ec'lcrs Ir.o~ S~,\ieS as a rr-;ember of ~he QOara of directors cr 29S-(',~ -:)1 "vnn a l1onpr'Jf',\ ,i'v\t:'"'; whom the :ha....E-" 3:i-CO: co~,t;-a::t2_ d;~e:::t\: ,:,r jnd:1"sct:'y. "or 'JrdS3s;c-nai S2r..~,jc8S. goces_ c,' T2.ci;ities, must aiSc!ose 21i DOremial COr,fijct~ to the :::o""r":JTiissrcne;- " There were nc cnanges In the legislative bill that affected leased facilities, Am also attaching a page I put together for a faciiitles presentatior, that recaps some of the items we look for 'en approving lease aid for a school. Additionally, we oilen refer to the Guide for Planning School Construction Projects in Minnesota, And while this report pertains tc district schocls which have more requirements and restrictions, it can be useful in aetermining'the space neeas of er educational faciiity John Ryberg is t"e facilities exoert at MDE but he is on medicai leave until 6/18/07 If I can help in any way, please contact me, John Koehler Cra~er School Finance Speclaiist Financial Management Secllon Orogram Finance Div!slor: ;v1inresota Department of Eaucatior 651-532-8430 651.562~8878 Fax . 6/12/2007 \ DLb) 4/19/2007 . CHARTER SCHOOL FACILITIES John Koehler, MDE Charter School Financial Management Facility Reauirements CITY ZONING. Contact the local zoning authority for assurance that the area you considering is properly zoned for a school. EDUCATIONAL GROUP E. Educational Group E Occupancy includes, among others, the use of a building or structure, or a portion thereof, by six or more persons at anyone time for educational purposes through the 12th grade. Contact the local building inspection authority and inform them that the facility must be inspected for a public school. PUBLIC SCHOOL INSPECTION PROGRAM. The Public School Inspection Program within the Minnesota State Fire Marshal Division was established by the Minnesota State Legislature in 1990 and requires the State Fire Marshal to inspect each of the state's schools once every three years, These inspections cover public elementary schools, secondary schools {middle schools, junior high schools and high schools), area learning centers, and charter schools. Contact Deputy State Fire Marshal John Swanson, Schoollnspector/Plan Reviewer at John.Swanson@state.mn.us, SECTION 504/ADA. Public schools must abide by Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title 1/ of the Americans with Disabilities Act (ADA) which prohibit discrimination on the basis of disability, Section 504 prohibits recipients of federal funds from discriminating on the basis of disability. Title II of the ADA prohibits discrimination on the basis of disability in state and local government services by state and local governmental entities, whether or not they receive .federal funds. Virtually all public school systems receive federal funds. Contact John Ryberg at John.Rvbera@state.mn.us or John Koehler at John.Koehler@state.mn.us. ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA). AHERA requires both public and private non-profit primary and secondary schools to inspect all buildings that are leased, owned, or otherwise used as school buildings for the presence of asbestos-containing building materials. Contact a certified asbestos contractor or the Asbestos Unit of the Minnesota Department of Health. Facilitv Considerations REASONABLE COST, Review the prevailing rates in your area for a variety of buildings. Lease aid is not available directly to the school for the improvement of leased property. The landlord must make tenant improvements needed for the facility to operate as a public school. APPROPRIATENESS OF SPACE, Leasing excessive space can lead to difficulty in paying the rent. Leasing to little space can cause undo constraints on a school to expand or difficulty in providing adequate programs to the students. CONFLICT OF INTEREST. A charter school is prohibited from entering into a lease of real property with a related party as defined in statute. . LEASE. A lease is a legal contract between the charter school and the landlord. MDE does not negotiate leases or provide templates. However, it is recommended the school allow MDE to review the lease prior to signing. This may prevent inadvertent statutory omissions or infractions. , bLJ:) . . . Request for MCDA Board of Commissioners Action From the Department of Community Planning & Economic Development Date: April 6, 2004 To: Council Member Lisa Goodman, Community Development Committee Refer to: MCDA Board of Commissioners Prepared by: Presenter in Committee: Bob Lind, Manager, Business Finance, Phone 612-673-5068 Bob Lind Approved by: Chuck Lutz, Deputy CPED Director Subject: A Public Hearing and Request for Preliminary and Final Approval of up to $1,500,000 in 501 (c)(3) Bank Qualified Bank Direct Tax- exempt Minneapolis Community Development Agency Revenue Bonds for Minnesota Technology Education Corporation (Minnesota Transitions Charter School Project). RECOMMENDATION: City Council Recommendation: Adopt the attached Resolution, following a Public Hearing held on April 6, 2004, notice of which was published in Finance & Commerce on March 20, 2004, giving Preliminary and Final Approval to the issuance of up to $1,500,000 in Tax-exempt 501 (c)(3) Bank Qualified Bank Direct Minneapolis Community Development Agency Revenue Bonds, Series 2004 for Minnesota Technology Education Corporation (Minnesota Transitions Charter School Project). MCDA Board Recommendation: Forward this report to the Minneapolis Community Development Agency Board of Commissioners for their approval and adoption of the attached resolution giving Preliminary and Final Approval of up to $1,500,000 in Tax-exempt 501 (c)(3) Bank Qualified Direct Revenue Bonds, Series 2004, for Minnesota Technology Education Corporation (Minnesota Transitions Charter School Project), Previous Directives: None, At this time the project is requesting both preliminary and final approval on the issuance of revenue bonds. Financial Impact (Check those that apply) _ No financial impact - or - Action is within current department budget. (If checked, go directly to Background/Supporting Information) _ Action requires an appropriation increase to the Capital Budget _ Action requires an appropriation increase to the Operating Budget _ Action provides increased revenue for appropriation increase Action requires use of contingency or reserves \Dlb) . L Other financial impact (Explain): The issuance of revenue bonds for the Minnesota Transitions Charter School Project will generate annual administrative fees of about $3,750 a year that are used to support the small business assistance programs of the City, _Request provided to the Budget Office when provided to the Committee Coordinator Community Impact Ward: Project located at 2526 27th Ave. S, in Ward 9. Neighborhood Notification: On March 17, 2004 the Seward Neighborhood Organization was notified of this project, City Goals: The project meets the City Goals of helping to maintain the physical infrastructure of the City as well as the goal of promoting community and private partnerships to support families and communities, Comprehensive Plan: The Communications Technology School is located in the Seward Industrial/Business Park Opportunity Area, and its location in a light-industrial district could be beneficial to the development of the Industrial/Business Park land use feature. Zoning Code: Current zoning is 11, Industrial/Business Park Opportunity Area. living Wage/Job linkage: The proposed project is a 501 (c)(3) conduit financing that is not subject to Living Wage/Business Subsidy. . Background/Supporting Information The Minnesota Technology Education Corporation has requested approval of Bank Qualified Bank Direct Tax-exempt 501~c)(3) Revenue Bond financing for the Minnesota Transitions Charter School at 2526 27 Ave. S. in the 9th Ward. The project consists of the acquisition and renovation of the building at 2526 2th Ave. S, to be used as a K-12 charter school. The renovations will provide additional classrooms and more recreational space. Minnesota Transitions Charter School operates technology-oriented programs for K-12 students. The charter school serves primarily low-income inner city students, many living within the Minneapolis Empowerment Zone areas. Over 60% of the students are low-income. . It is estimated that the purchase/refinancing of the building will run about $645,000 with the building renovations estimated at $675,000. TYPE OF FINANCING: Industrial Development Bonds (commonly known as lOBs or tax-exempt revenue bonds) have been used by the City of Minneapolis since 1972 to finance the capital needs of many small companies and organizations, Drawing on the work of other development agencies across the country, CPED has developed a financing program to provide cost- effective tax-exempt financing for small 501 (c)(3) nonprofit organizations. Tax-exempt revenue bonds have often not been a practical financing option for small organizations \Du0 . . . in the past due to the high costs of borrowing. Providing a streamlined application and documentation process results in lower borrowing costs for nonprofit organizations, Within the existing federal tax code, there is the ability to issue bank qualified debt that local lenders can purchase and take advantage of the partial tax deduction on the interest earnings. With the bank qualified status, banks are allowed to deduct 80% of their "carrying costs" (interest paid on borrowed funds like deposits to purchase bonds) associated with buying tax-exempt revenue bonds. Banks therefore can get the dual benefits of tax-exemption and deductibility of carrying costs. This translates into lower borrowing costs for the nonprofit organizations that work with a city (issuer) on the issuance of bank qualified bonds. Tax-exempt revenue bonds are underwritten and collateralized just like any conventional bank loan, The bank approval process for the revenue bond program does not differ from conventional financing, The issuance of bank qualified tax-exempt revenue bonds is limited to issuers who issue less than $10 million a year in revenue bonds. Based on this limitation, the MCDA has the ability to issue $10 million in bank qualified tax-exempt revenue bonds each year. It is expected that the Bank Qualified Bank Direct Revenue Bond of about $1.5 million will be placed with Western Bank for a 20-year term, with the initial interest rate fixed at 4.55% for the first ten years, with a re-pricing in the 10th and 15th years, Sources: Bank Qualified Bank Direct Revenue Bonds $1,500,000 Uses: Acquistion of Building Renovation Costs Debt Service Reserve Issuance Costs $ 645,000 675,000 150,000 30.000 $1,500,000 PRESENT EMPLOYMENT: 60 teachers. teacher assistants and other Support personnel. None expected as a result of the rehab work. NEW EMPLOYMENT: ASSESSOR'S ESTIMATED ANNUAL TAX INCREASE: AFFIRMATIVE ACTION COMPLIANCE: CPED IRS POLICIES: Tax-exempt facilities. Project will have on file an approved affirmative action plan with the City. Job Component Minimum standard of one (1) job per 1,000 square feet of building area. Minnesota Transitions: In compliance. Property Improvements No more than 25% of the bond proceeds may be used for land and acquisition. If purchasing an existing building, an amount equal to at least 15% of the acquisition cost must be spent on rehabilitation expenditures. \oL0 . . '. Development Standards Minnesota Transitions: In compliance, Compliance with the Land Use Plan of the City's Comprehensive Plan. Minnesota Transitions: The Communications Technology School is located in the Seward Industrial/Business Park Opportunity Area, and its location in a light-industrial district could be beneficial to the development of the Industrial/Business Park land use feature. Equipment Financing Limited to companies that create or preserve a significant number of jobs, and the equipment financed must be sufficiently secured. No more than 10% of the bond proceeds may be used to finance movable equipment not constituting a fixture, Minnesota Transitions: N.A. Restaurant/Bank IRB financing is allowed for a restaurant or a bank if it is built or rehabilitated in ari CPED Redevelopment Area, No more than 25% of the bond proceeds can be used to finance retail food and beverage establishments, automobile dealerships or recreation or entertainment facilities. Minnesota Transitions: NA IRB CAP: The project is not subject to the volume cap, in that the project is exempt from income tax under Internal Revenue Code Section 501 (c)(3) for its exempt purposes and is classified thereunder as a non- profit organization. Gray Plant & Mooty Western Bank BOND COUNSEL: UNDERWRITER: Minnesota Transitions Bank Oualifled MCDA Report \~ . MlNNEAPOLlS CPED-PLANNING DIVISION REPORT REVENUE BONDS DATE: March 25, 2004 PROJECT NAME: Minnesota Transitions Charter School ADDRESS: 2526 27th Avenue South SUBMITTED BY: CPED-Business Development REVIEWED BY: Mike Larson, Senior Planner CONTACT PERSON AND PHONE: Bob Lind-673-5068 WARD: 9 NEIGHBORHOOD ORGANIZATION: Seward Neighborhood Group PROJECT DESCRIPTION: The Minnesota Technology Education Corporalion will be acquiring and rehabbing a building located at 2526 27th Ave. S. to operate a K-12 charter school. The renovations will provide additional classroom and recreational space for the school. Minnesola Transitions Charter School operates technology-oriented programs for primarily low- income inner city students, many of whom live within the Minneapolis Empowennent Zone area, Over 60% of the srudents are low-income. It is estimaled Ihat Ihe purchase/refinance oflbe building will run about $645,000 with the building renovalions estimated al $675,000, The Bank Qualified Bank Direct Revenue Bond is being placed with Western Bank for a 20 year tenn, with the initial interest rate fixed at 4.55% for the first ten years, with a re-pricing in the lOth and J 51h . years. COMPREHENSIVE PLAN: The site is located in the Seward Industrial/Business Park Opportunity Area. Current zoning, II, reflects this designation. Schools are a permitted use with this zoning classification. Comprehensive Plan policies relevant to Ibis projecl relate to industrial land use and employment as well as Ibe promotion ofleaming and skill developmenl. I. I 5.1 Minneapolis will encour-age the growth of partnerships and learning opportunities that prepare students for the world of work. Implementation Steps Continue to work with a wide range of business and educational organizations to develop student skills and expand experiences they need to become contributing members of the community. 9.8 Minneapolis will prioritize growth in light industrial land uses to increase the tax base and create jobs for city residents. Implementation Steps Identify appropriate areas for the retention and expansion of existing industry and the development of new industry in specific industrial and business park opportunity areas. FUTURE RELA TED ACTIONS: The applicant will have to apply for zoning and building permits. t~ . . I I I I. I COMMENTS AND FINDINGS: As opposed to a traditional high school, Minnesota Transitions Charter School could be considered workforce development, as its students will be exposed to technology in ways that traditional students might not be, High skilled industries require a well educated work force, The site's location in a light-industrial district could be considered beneficial to the development of the Industrial/Business Park land use feature. Tbe City should be encouraged the school to make linkages to area employers for learning and training experiences. Furthennore, the City should encourage area businesses to support the activities of the schooL RECOMMENDATION: The City Planning Department recommends approval of the issuance of the revenue bonds. lDL~ . . I I. I City Resolution Giving preliminary and fmal approval to and authorizing a projeet on behalf of Minnesota Technology Education Corporation (the "Company"), and authorizing the issuance of a revenue bond of the Minneapolis Community Development Agency therefore. Whereas, pursuant to Laws of Minnesota 1980, Chapter 595, as amended ("Chapter 595''), the City Council of the City of Minneapolis, Minnesota (the "City") established the Minneapolis Community Development Agency (the "Agency") and granted certain powers and duties to the Agency; and Whereas, pursuant to such granted powers, the Agency has been authorized to issue revenue obligations for various purposes; and Whereas, it has been proposed that the Agency issue a revenue bond in the amount of approximately $1,500,000 (the "Bond") to fmance the acquisition and renovation ofa building to be used as a K-12 charter school, and located at 2526 27th Avenue South in the City (the "Project"); and Whereas, the Project will be owned by the Company and leased to Minnesota Transitions Charter School, a Minnesota nonprofit corporation; Whereas, the Agency expects to give final approval to the issuance of the Bond by a resolution to be adopted on the date hereof; and Whereas, the Bond shall bear interest at an initial interest rate not to exceed five percent (5.00%) per annum, shall have a fmal maturity date not later than December 1, 2024, and shall have such other terms as required or pennitted by the Agency's resolution, which terms are to be incorporated herein by reference; Now, Therefore, Be It Resolved by The City Council of The City of Minneapolis: That the City Council hereby gives preliminary and fmal approval to the issuance by the Agency of the Bond in the principal amount of approximately $1,500,000 for the purpose of financing the Project; That the Bond is hereby designated as a "Program Bond" and is determined to be within the "Economic Development Program" and the "Program," all as defmed in Resolution 88R-021 of the City adopted January 29, 1988, and as amended by Resolution 97R-402 of the City adopted December 12,1997. y~l-0 Jim Fahey From: Sent: ~.t: . . jimfahey@faheysales.com Re: FW: Schools and Zoning Interesting info .., ,thanks >>> "Jim Fahey" <jimfahey@faheysales.com> 4/25/2007 10:48:14 AM >>> -----Original Message----- From: christie@hutchtel.net [mailto:christie@hutchtel.netJ Sent: Wednesday, April 25, 2007 10:17 AM To: robert@hantge.com Subject: Schools and Zoning Portions of Albany Zoning Ordinance Excluding Schools from Commercial Zone Held Unconstitutional A court re~ently reversed a zoning board determination and held that sections of a city zoning ordinance which excluded schools from commercial districts was unconstitutional, because educational institutions enjoy special treatment regardless of what zoning district they seek to build in. In Albany Preparatory Charter School v. City of Albany, the Appellate Division Third Department rejected the City of Albany's attempt to distinguish cases relied upon by the School in the lower court decision, The Appellate Division held that general principals announced in earlier decisions apply lIwith equal force to areas zoned commercial as well _hose zoned residential. 11 In so holding, the court noted that since educational i: itutions are "inherently beneficial," they receive special treatment and are permitted to enter neighborhoods where nonconforming uses would otherwise not be allowed. The court further held that since an ordinance excluding educational uses from a zone deprives an applicant of any opportunity to demonstrate that its proposed educational use is consistent with the public good, provisions of the City of Albany Zoning Ordinance that cause an exclusion of educational uses from the commercial districts at issue are unconstitutional. In his concurring opinion, Justice Spain wrote about his concern that the existing law does not support a holding that excluding private schools from non-residentially zoned districts can never be upheld, since the precedent only specifies that schools and churches should enjoy preferred treatment in residential districts. Mugglin, J. Appeal from a judgment of the Supreme Court (Spargo, J.), entered November 30, 2005 in Albany County, which, inter alia, granted petitioners' applicationl in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to annul a determination of respondent City of Albany Board of Zoning Appeals denying petitioners' request for a use variance, area variances and a parking lot permit to construct and operate a charter school. I Petitioners' property at 30 Watervliet Avenue in the City of Albany was, for 70 years prior to its conversion to commercial office space, used as Public School NO.3. Petitioners' current plans for this property include reconverting the existing building I Id constructing an addition thereto for school purposes. property is located half in a C-l neighborhood commercial zone and half in a C-2 hway commercial zone. The zoning ordinance does not list a school as an allowable principle, accessory or special permit use in either district. Petitioners' I 1 ltL0 application for conversion back to school purposes was denied and petitioners applied to respondent City of Albany Board of Zoning Appeals (hereinafter BZA) for a use variance, area variances and a parking lot permit, The BZA denied the variances, finding essentially that petitioners failed to demonstrate either need or hardship which was not self-created, Pilljioners commenced this combined proceeding pursuant to CPLR article :n~ction for declaratory judgment challenging the BZA's determination as arbitrary and capricious and seeking a declaration that the provisions of the City of Albany Zoning Ordinanc€, which excluded schools in commercial zones, were unconstitutional on their face or as applied. Supreme Court converted respondents' motion to dismiss for failure to state a cause of action to a summary judgment motion and declared the pertinent provisions of the zoning ordinance to be unconstitutional on their face and as applied. Further, Supreme Court declared the BZA's denial of the requested variances and parking lot permit to be arbitrary and capricious and directed the issuance of a special permit for the use of the property as a school, Respondents appeal and allege that Supreme Court improperly relied on Cornell Univ, v Bagnardi (6B NY2d 583 [1986]) and Trustees of Union ColI. in Town of Schenectady in State of N.Y, v Members of Schenectady City Council (91 NY2d 161 .[1997]) because the former involved the educational use of property in a residential zone and the latter involved the educational use of property in a residential historic zone, not a commercial zone as is here involved. We disagree, finding that the general principles enunciated in those cases apply with equal force to areas zoned commercial as well as those zoned residential. As therein pointed out, because of their inherently beneficial nature, educational institutions enjoy special treatment and are allowed to expand into neighborhoods where nonconforming uses would otherwise not be allowed. An ordinance which excludes educational uses from a zone deprives an applicant of any opportunity to demonstrate that its proposed educational use is consistent with the public good (see Trustees of Union ColI. v Members of Schenectady City Council, 230 AD2d 17, 21 [1997], affd 91 NY2d 161 [1997]). Accordingly, we agree with Supreme Court that the provisions of the City of .ny Zoning Ordinance that result in a wholesale exclusion of educational uses from the ercial districts in question are unconstitutional on their face. Notwithstanding the foregoing analysis, we must reject Supreme Court's conclusion that petitioners are entitled to the issuance of a special permit. By so doing, the court stripped the EZA of its ability to engage in the deliberative process and to evaluate the proposed educational use against other legitimate interests which impact the public welfare. An educational use does not enjoy a conclusive presumption that it .automatically outweighs its ill effects (see Cornell Univ. v Bagnardi, supra at 595), A special permit application should be submitted to the BZA so that agency may engage in the requisite balancing to determine whether a special permit should, in fact, issue and, if so, whether reasonable conditions should be imposed that would mitigate any deleterious effects on the community. Reasonable conditions directly related to the public's health, safety and welfare may be imposed consistent with the exercise of the municipal police power (see id. at 596), Cardona, P.J., Carpinello and Lahtinen, JJ., concur. Spain, J. (concurring). This appeal presents the novel question of the applicability of the rationale underlying Cornell Univ. v Bagnardi (68 NY2d 583 [1986]) and its progeny to a request to locate a private, nonparochial, middle school in a commercially zoned district in which private schools are not permitted uses under the local zoning ordinance. Because I am concerned that existing precedent does not support a ruling that exclusion of private schools from designated nonresidentially [*2]zoned districts can never be upheld as an exercise of a municipality's police power to regulate land use, I write separately to express my views. Unlike a public school whose location is governed under state law by boards of education .ee Education Law ~ 2556), petitioner seeks to operate a charter school, which is sidered a nonpublic school for purposes of local zoning and land use regulation (see cation Law ~ 2853 [3] [a]). Under well-established principles, municipal power to regulate land use is derived solely from 2 \bCi) the'right to use police power, and must bear a substantial relationship to the community's health, safety, morals and general welfare (see Cornell Univ. v Bagnardi, supra at 594, Matter of Concordia Call. Inst. v Miller, 301 NY 189, 196 [1950], see also Nectow v Cambridge, 277 US 1B3, 188 [1928], Village of Euclid v Ambler Realty Co., 272 US 365, 387 [1926]), .fundamental and*I believe'narrow supposition underlying the Cornell line of cases is "[b]ecause of the inherently beneficial nature of churches and schools the total exclusion of such institutions from a residential district serves no end that is reasonably related to the morals, health, welfare and safety of the community" (Cornell Univ. v Bagnardi, supra at 594 [emphasis added], citing Matter of Diocese of Rochester v Planning Bd. of Town of Brighton, 1 NY2d SOB, 522 [1956]; accord Trustees of Union ColI. in Town of Schenectady in State of N.Y, v Members of Schenectady City Council, 91 NY2d 161, 166 [1997]). As a result, a "decision to restrict a proposed educational use can only be made after the intended use is evaluated against other legitimate interests, with primary consideration given to the over-all impact on the public welfare" (Trustees of Union Call, in Town of Schenectady in State of N.Y. v Members of Schenectady City Council, supra at 166) . The special permit application process has been endorsed as the proper and necessary procedure for addressing requests by educational or religious institutions to locate or expand into residential districts (see Matter of Pine Knolls Alliance Church v Zoning Bd. of Appeals of Town of Moreau, 5 NY3d 407, 413 [2005J). This has entailed the balancing of the "inimical consequences" of the presence of those institutions in residential neighborhoods*employing traditional police power considerations (e.g., public health, safety, welfare or morals, fire ~d similar emergency risks, and traffic safety to the extent it implicates public safety)*against lithe important contribution made to society by educational [and religious] institutions" (Trustees of Union ColI. in Town of Schenectady in State of N.Y. v Members of Schenectady City Council, supra at 166; see Matter of Pine Knolls Alliance Church v Zoning ad. of Appeals of Town of Moreau, supra at 412-413; Cornell Univ. v Bagnardi, supra .594-596) . This line of cases has, until now, implicated the special treatment afforded to educational and religious institutions only with respect to residential zoning and, even then, has consistently "rejected any argument . that 'under no circumstances may {such uses] ever be excluded from designated areas' II (Cornell Univ. v Bagnardi, supra at 594 {emphasis added], quoting Matter of Diocese of Rochester v Planning Bd, of Town of Brighton, supra at 526). In my view, these precedents do not foreclose a finding that a zoning ordinance's noninclusion of private educational uses in a particular zoned district may be a valid, proper exercise of the municipality's police power. Unlike their expansion into residential areas which has long been held to be compatible with and in furtherance of the public good, locating schools in certain commercial, industrial, business, manufacturing, land conservation or other nonresidentially zoned districts may well be a justifiable, appropriate and legitimate municipal land use regulation which bears a substantial relation to the promotion of public health, safety and the like. Concededly, there is some arguably broad language in recent Court of Appeals [*3] decisions, all involving educational uses in residential districts, which might support the conclusion that the "case-by-case review II contemplated and the endorsed special use permit application procedures could also apply in any zoning district in which such institutions request to locate or expand (Matter of Pine Knolls Alliance Church v Zoning Bd. of Appeals of Town of Moreau, supra at 412; see Trustees of Union. Call. in Town of t:enectadY in State of N.Y, v Members of Schenectady City Council, supra at 167). ever, no case has held as much. In my view, the ratio decidendi of that line of cases, ticulated thus far, appears limited to residential districts, based upon the presumed harmony between such institutions and residential communities and the need to protect 3 \ DL:0 ~hb~e institutions from community hostility. Because the same reasoning does not necessarily and entirely apply in other 20ning districts, I would not rule out the validity of a zoning ordinance's noninclusion of educational institutions in nonresidential districts, H_er, under this City of Albany Zoning Ordinance, the C-l Neighborhood Commercial D ict and the C-2 Highway Commercial District in which petitioner'S property falls pe it churches, religious institutions and residential uses as principal or special permitted permit uses (see Zoning Ordinance of City of Albany ~ 375-71 [AJ [3J, [7], [12J [C-l district]), and day care centers (see Zoning Ordinance of City of Albany ~ 375-73 [C-2 district], ~ 375-71 [CJ [41 [C-l district]). Thus, on this record, I would not conclude that exclusion of private educational uses from these nonresidential districts is a rational exercise of the City's police power to regulate land use, and agree that to this extent the ordinance is unconstitutional, facially and as applied. I otherwise agree with the majority decision. Ordered that the judgment is modified, on the law, without costs, by reversing so much thereof as issued a special permit to petitioners; permit vacated and matter remitted to respondent City of Albany Board of Zoning Appeals for further proceedings not inconsistent with this Courtls decision; and, as so modified, affirmed. [See 10 Mise 3d 870 (2005).J . ,. , 4 IDC~ Jim Fahey ---- CITY OF APPLE V ALLEY Dakota County, Minnesota March 22, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 22nd, 2007, at 8:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None, City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attomey Dougherty, City .ngineer Manson, Finance Director Ballenger, Associate City Planner Dykes, Assistant City Adminis;trator Grawe, ublic Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, C~y Planner Lovelace, Planning Intern Meyers, Community Development Director Nordquist, Human Resources Manager Strauss, and Fire Chief Was5mund. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight's meeting as written. Ayes - 5 - Nays - 0, AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Councilor anyone in the audience wished to pull any item from the consent agenda, There were no requests, MOTION: of Bergman, seconded by Grendahl, approving all items on the consent agenda with no exceptions, Ayes - 5 - Nays - o. eCONSENT AGENDA ITEMS 6/12/2007 \t:l0 MOTION: of Bergman, seconded by Grendahl, approving the minutes of the r~gular meeting of March 8, 2007, as , written. Ayes - 5 - Nays - O. alI'OTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2007-51 accepting, with thanks, the ~nation of $1,500.00 from MJM Foundation for Police Department K-9 Program. Ayes - 5 - Nays - 0, MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2007-52 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Minnesota Zoo Foundation, for use on September 29, 2007, and waiving any waiting period for State approval. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No, 2007-53 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to SI. Hubert Catholic Community, for use on June 3, 2007, Bnd waiving any waiting period for State approval. Ayes - 5 - Nays - 0, MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2007-54 ratifying the proposed issuance and sale of $7,600,000 in public safety revenue bonds for Dakota Communications Center equipment, providing for allocated share of the payment thereof. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl, r~ceiving the Fire Department 2006 annual report. Ayes - 5 - Nays -0. MOTION: of Bergman, seconded by Grendahi, receiving the Telecommunications Advisory Committee 2006 annual report. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl, receiving the Traffic Safety Advisory Committee 2006 annual report. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2007-55 approving amendments to the . Apple Valley Firefighters Relief Association Bylaws. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl, approving the revised Statement of Investment Policy, satisfying govemmental Accounting Standards Board (GASB) 40 requirements, as attached to the Finance Directo~s memo dated March 19, 2007. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2007-56 setting a public hearing, at 8:00 p.m., on April 26, 2007, to consider vacating easements on Lots 1 and 2, Block 3; and Lots 1, 4, 5, and 6, Block 4; and Outlot C, Cobblestone Lake South Shore. Ayes - 5 - Nays - O. I I I I I Ie I MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2007-57 setting a public hearing, at 8:00 p.m., on April 26, 2007, to consider vacating easements on Lots 1, Block 1, Wirsbo Second Addition; and Lots 1, Block 2, North Star Industrial Park. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No, 2007-58 approving plans and specifications for Project 06-341, 2007 Street Maintenance Project; and authorizing advertising for receipt of bids, at1 0:00 a,m., on April 19, 2007. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl, approving an Agreement for 2007 Concrete Removal and Replacement Services, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl, approving an amendment to the Administrative Services Agreement with ICMA Retirement Group, as attached to the Human Resources Manager's memo dated March 19,2007, and authorizing the City Administrator to sign the same. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2007-59 amending the 2007 Employee Pay and Benefit Plan. Ayes - 5 - Nays - O. 6/12/2007 \1:l1) MOTION: of Bergman, seconded by Grendahl, approving the hiring of seasonal employees as listed in the Personnel Report dated March 22,2007. Ayes - 5 - Nays - O. .ND OF CONSENT AGENDA KAMI JAPANESE RESTAURANT ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by Hiraku Japanese Restaurant, Inc., d/b/a Kami Japanese Restaurant for on-sale and special Sunday liquor as described in her memo dated March 19,2007, and noted receipt of the affidavit of publication of the hearing notice. She stated the owners were seeking a conditional use permit for on- sale liquor in conjunction with a Class J restaurant. The Planning Commission held a public hearing on the Conditionai Use Permit on February 7,2007, and recommended approval. The restaurant will seat approximately 152 people, and is located in the Shops on Galaxie, at 15322 Galaxie Avenue, Suite 108. She stated the Police Department completed the necessary background investigation and found no reason the license could not be authorized at this time. The owners have indicated the restaurant will open on or about May 1, 2007. Mayor Hamann-Roland called the pubiic hearing to order at 8:05 p.m. to consider the application by Hiraku Japanese Restaurant, Inc., d/b/a Kami Japanese Restaurant, for on-sale liquor and special Sunday liquor licenses. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:06 p.m. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 2007-60 approving a Conditionallhle Perm~ for on-sale liquor in conjunction with a Class I restaurant on Lot 1 , Block 1, The Legacy of Apple Valley 5th Addition, subject to cond~ions as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2007-61 approving issuance of 2007 "on- sale liquor" and "special license for Sunday liquor sales' to Hiraku Japanese Restaurant, Inc., d/b/a Kami Japanese Restaurant, for premises located at 15322 Galaxie Avenue, Suite 108. Ayes - 5 - Nays - O. .TWO GUYS FROM ITALY ON-SALE WINE & 3.2 PERCENT MALT LIQUOR LICENSES Ms. Gackstetter reviewed the application by DAGS Restaurant Holdings, LLC, d/b/a Two Guys from Italy for on- saie wine and 3,2 percent malt liquor licenses as described in her memo dated March 19, 2007. She noted receipt of the affidavit of publication of the hearin9 notice. The restaurant will seat approximately 100 people, and is located in the Galaxie Commons building, at 15265 Gaiaxie Avenue, She stated the Police Department completed the necessary background investigation and found no reason the license could not be authorized at this time. The owners have indicated the restaurant will open on or about April 26, 2007. Mayor Hamann-Roland called the public hearing to order at 8:09 p.m. to consider the application of DAGS Restaurant Holdings, LLC, d/b/a Two Guys from Italy, for on-sale' wine and 3,2 percent malt liquor licenses and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:10 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No, 2007-62 approving issuance of 2007 on- sale wine and 3.2 percent malt liquor licenses to DAGS Restaurant Holdings, LLC, d/b/a Two Guys from Italy, for premises located at 15265 Galaxie Avenue, subject to approval of the wine license by the Minnesota Commissioner of Public Safety. Ayes - 5 - Nays - O. WAL-MART Mr. Lovelace reviewed the request for amendments to the Planned Development ordinance, Conditional Use Permit amendments, and a site plan/building permit authorization in connection with the Wal-Mart store located at 7835 - 150th Street W. The ordinance amendment would be to "PD-3411Z0ne 4A" and would increase the maximum building height from 20 feet to 30 feet and allow an increase in unoccupied architectural details. Mr, Lovelace presented maximum building height data for surrounding properties and noted the proposed maximum . building height is consistent with surrounding property. He then described the proposed Conditional Use Permit amendments for the outdoor cardboard bale and shipping pallet storage area, the permanent outdoor garden 6/1 2/2007 (Dlb) center, and the propane tank storage and display area. Mr, Lovelace stated the City Engineer reviewed the on-site infiltration and recommended the applicant enter into _n operation and maintenance agreement with the City for the two underground storm water infiltration systems. .,e Natural Resources Coordinator reviewed the landscape plan. The Traffic Engineer recommended modifications to the entrance off of Pennock Avenue and the loading entrance off of 147th Street will be aligned with the entrance to the Goddard School. The petitioner has asked ordinance "PD-341 fZone 4A' also be amended to allow for additional building signage above the main entrances. This type of signage is currently not allowed. Public hearings were held on the zoning amendments and Conditional Use Permit amendments on June 7, July 19, and August 2, 2006. No comments expressing concern were received, Councilmember Goodwin asked if the comment in Wal-Mart's application which states the store was previousiy approved at 35 feet in height is accurate. Mr. Lovelace said he does not believe the comment is accurate and noted the existing building is in non- conformance to the current ordinance. Councilmember Bergman asked if the applicant is seeking an amendment to the storage trailer Conditional Use Permit. Mr. Lovelace stated the applicant has publicly stated it is abandoning that Conditional Use Permit. Councilmember Bergman said he hopes Wal-Marl will address some of the on-going issues and suggested the applicant meet with staff a year after the project is complete to discuss concerns or potential issues. .counCilmember Erickson commended the applicant for working with staff and listening to the neighbors, The fact hat no comments were received in three public hearings is quite a turn around from eight years ago and is likely a reflection that Wal-Marl is being a good neighbor. Mayor Hamann-Roland thanked Wal-Mart's store manager and project representatives for listening to what the community wanted. Wal-marl's willingness to flip the store demonstrates its investment in the community. Councilmember Bergman noted the elevation drawings depicted signage between the main entrances as well as over them, Mr. Lovelace said the proposed amendment would only aflow informational signage above the three entrances. Council member Grendahl also thanked Wal-Marl and noted it employs over 300 people, MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No, 805 amending Section A13-5 "Minimum Area Requirements" of 'PD-341fZone 4A" increasing the maximum building height to 30 feet, and allowing an additional 5 feet in building height for unoccupied architectural details comprising less than 40 percent of the lineal elevation of a front elevation, as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2007-63 amending the Conditional Use Permit to allow for relocation of the existing outdoor cardboard bale and shipping pallet storage area on Lot 1, Block 1, Walmart's First Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - o. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2007-64 amending the Conditional Use . Permit to allow for relocation and an increase in area of the existing permanent outdoor garden center on Lot 1 , Block 1, Walmart's First Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays 6/J2/2oo7 \DL:0 - o. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 2007-65 amending the Conditional Use .ermit to allow for relocation of the existing propane tank storage and display area on Lot 1, Block 1, Walmart's irst Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2007-65 approving the site plan and authorizing issuance of a building permit for a 76,184 square-foot building addition and 317 additional surface parking spaces on Lot 1, Block 1, Walmart's First Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Grendahl, seconded by Bergman, directing staff to prepare amendments to ordinance 'PD-341/Zone 4A" to allow for additional building signage above main entrances, Ayes - 5 - Nays - O. ORP.lf'!AfII~E_ANtENDM~NT AJ"I-9WIN~PA '(~AR~ FACILlTIE~,lt,I. "(,1" Ms..J;IYKl!$ga.V!LtbeJlrllLre{lIDng ot{lIHILdin{lnc.e.ame.ndilJg Gi!Y.COdEt.S~ction~lj.203 to allow_dJ!ycare \!!>e"l.!LLimitedJ.ndustrial z9IllIJ9 districts, She sa ic!Jr{lQe.llcl:10_ol!>and..mber !1ducat;onall{l~i1ities_are CUUl!l'ltly foundin, LJmitel:!1r1cll!strial clistricts.J~he describ!1clJhJullfferenc.es between Q!!ycare aILd . edl!c{lticmat uses.,Shl!.fl!.r!b!1u!,escrj!!ed.tb!Ldif:!eIem::_es !!!1.twe'm!llim.@.dJndJLstrial zonirHu!i$lrict.alJd otl1eJ.dJstrie-.1s w.hel.e_day.carf!J!ll::l!,itiltl> all!. p~(!nittJl.d~ Ms, Dykesstatl!l!.Jb,l!,l'!i1!1l'ling_C.om!11,issiQn hllld, a.public heartngon.thJLam_l!!1dl1)!m!.FebruaJY.21,.20!1Z, al1d"n().cOJ]1ments..wJ~Je. re.ceb1ed._The, f'la11llil'lg,C9mmi.ssiol'l_votJ!!d. una_l'limOU_sIY_to r.!lc!!.mmen,d.aPJ2LO_1I.al Qf the amel1d'mm!.oll MaJ'cl1], 2!1Q7. Thereforl!,."tillUs. re~QmmelldLn-9Waiving, the-proclLduI~tfQJ'.J!l !>e_c.()[Id r~adjJ1gQUhl! ()rdina.llcl!. MOTION: of Bergman, seconded by Erickson, waiving the procedure for a second reading and passing Ordinance No. 806 amending City Code Section 155.203 to allow daycare uses as a conditional use in '1-1" (Limited . Industrial) zoning districts; as recommended by the Planning Commission, Ayes - 5 - Nays - O. COUNCIL COMMUNICATIONS Council member Bergman reminded the public there will be a MAC Open House at the Municipal Center on April 17,2007, at 7:00 p.m, CALENDAR OF UPCOMING EVENTS MOTION: of Erickson, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk's memo dated March 19, 2007, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0, CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated March 15, 2007, in the amount of $6,311,251.61; and March 21,2007, in the amount of $2,524,973.11. Ayes - 5 - Nays - O. I I Ie CLOSE MEETING - ATTORNEY-CLIENT PRIVILEGE Mr. Dougherty asked the City Council to convene in a closed session, under the provisions of M.S. 471.705, to discuss the acquisition of property located at 7990 - 132nd Court MOTION: of Goodwin, seconded by Bergman, to close the regular meeting and convene in closed session to discuss the acquisition of property located at 7990 - 132nd Court with the City Anorney. Ayes - 5 - Nays - O. The meeting was closed at 8:50 p.m. and the Mayor and all Councilmembers convened in the Regent Conference I 6/12/2007 \DLb~ Room, at 8:55 p.m., along with City Attorney Dougherty, LMCIT Appointed Attorney Pamela VanderWiel of Greene Espel, P .A., City Administrator Lawell, and City Clerk Gackstetter, Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. Ms. VanderWiel and Mr, Dougherty then discussed the .uisition of property located at 7990 - 132nd Court with the Council. The Council reconvened in the Council Chambers in open session at 9:10 p.m. PROPERTY ACQUISITION MOTION: of Bergman, seconded by Goodwin, approving the Mediated Settlement Agreement with Gordon and Georgene Born in the amount of $475,000,00 for property located at 7990-132nd Court. Ayes - 5 - Nays - O. MOTION: of Erickson, seconded by Goodwin, authorizing entering into a purchase agreement with Gordon and George Born for property located at 7990 - 132nd Court, and further authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Grendahl"to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 9:11 o'clock p.m. . . 6/l212007 \ d):>) . . . Memorandum TO: Mayor and City Council Brenda K. Ewin~ector of Human Resources Annual City Recognition Event FROM: RE: DATE: July 19, 2007 For the past 32 years, the City of Hutchinson has hosted an event to recognize the accomplishments of both City employees and the volunteers who serve on the various boards and committees of the City. It is requested that the Council consider and set the date for the 2007 Annual City Recognition Event. Thursday, September 13 and 20, are currently available at the Event Center. It is also requested that you provide staff with any additional direction in regard to the following: I. Event program agenda. (The recent format includes dinner and a short program to recognize retiring and current board members in attendance.) 2. Providing beverages tickets to attendees. It is requested that you review and consider this information. I will be in attendance at the Council meeting on July 24 if you have any questions. lc{c) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Project Award for the Hutchinson Dam Replacement (Letting No, 2/Project No. 07-02) DATE: July 24, 2007 Bids for the Hutchinson Dam Replacement project will be received on Friday, July20". City staff will then provide a summary of the bids and an award reconnnendation at the Council meeting. Several bid alternates will also be reviewed and considered accordingly, Acting on the timely award of this project at the upcoming Council meeting is necessary to meet a very aggressive construction time frame which is required to coordinate !his construction within the TH 7/15/22 Reconstruction project timeframes and hopefully optimize the advantageous wealher conditions. cc: Gary Plotz, City Administrator ID(~ . . . RESOLUTION NO. 13247 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO.2 PROJECT NO. 07.02 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the following improvement: Hutchinson Dam Replacement including demolition of concrete structure/walls and construction of rock spillway, sheet piling, grading, granular base, landscaping, concrete walk 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 is the lowest responsible bidder. of 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 pians 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 iowest 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 24th day of July 2007. Mayor City Administrator \ DlJ) '-- . . . RESOLUTION NO. 13247 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO.2 PROJECT NO. 07-02 Whereas, pursuant to an advertisement for bids for the furnishing of ali labor and material for the foliowing improvement: Hutchinson Dam Replacement including demolition of concrete struclurelwalis and construction of rock spillway, sheet piling, grading, granular base, landscaping, concrete walk and appurtenances, bids were received, opened and tabulated according to law, and the foliowing bids were received complying with the advertisement: Bidder Veit & Company Inc of Rogers MN Park Construction Company of Hampton MN Landwehr Construction of St Cloud MN Reiner Contracting Inc of Hutchinson MN Sheryl's Construction Inc of Finlayson MN Alternates No. 1thru 5 $265,848,50 $270,448,95 $404,711,75 $266,589,20 $682,889,00 Total Bid $ 994,414,00 $1,043,198.65 $1,108,230.75 $1,151,442,95 $1,478,762,00 Base Bid $728,565,50 $772,749,70 $703,519,00 $884,853,75 $795,873,00 Whereas, the low bidder, Veit & Company Inc of Rogers MN, did not acknowledge Addendum No, 2 and is therefore not a qualified bidder; Whereas, it appears that Park Construction Company of Hampton MN is the lowest responsible bidder. Whereas, it has been determined that Schedule D - Alternate No, 3 - Downstream Riffle No, 11 shall be dropped from the contract award, 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 Park Construction Company of Hampton MN in the amount of $946,349,85 (Total Bid of $1,043.198.65 - $96,848,80 Schedule D - Alternate No, 3) 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, Said authorization and approval is contingent upon acquisition of all federal, state and local permits and other approvals. 3, The City Engineer is hereby authorized and directed to return forthwith to ali bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shali 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 24th day of July 2007, Mayor City Administrator ~i~ 'D[~ ",,- n p"';.....S'':II107l1 02 - P07-02.. Crow River DamIPROJECT DOCUMENTSIB-10-cl-Bid Tabulallon/wnr1<sheet .. l2 07-02 7/24/2007 -12:12PM CITY OF HUTCHINSON, 111 HASSAN ST S TCHINSON MN 55350 612-234-4209 BID TAB ON CITY OF HUTCHINSON LETTING NO. 2/PROJECT NO, 07-02 BID OPENING: 07/20/2007 AT 9:00 AM ENGINEER'S ESTIMATE $1,000,000.00 COMPLETION DATE: 12/21/2007 Velt&Companylnc Pal1l:ConstructlonCompany LandwehrCol1struction ReintrContractinglne Sheryl's Construction Inc 19821 ParveylineRd 1400 Veit Plaee 232&0 MainSt,Suite6 POBox 1086, 846 33R1 51 S 21541 Hwy7West POBox40 ENGJN!ER'S ESTIMATE Rogel15MN llS374-9S83 HamptonMN 55031 StCloudMN 56302 HutchinsonMN 55350 FlnlaysonMN 55735 76S-4.28-2242 651-437_2512 320_252_1494 320-587.9886 320-233-6125 ~ FAX 763-428-1I348 FAX 651-437-4930 FAX 320-252.2380 320-587-4747 FAX 320-233-6508 0 ~ opedo~eilUSA.com V~__O.<;Clln nld<4landwoh"'...olrudi<>n.com rIcC!lh_."'" . . z . z . " " < EST. UNIT esTIMATED BOO B'O B'O B'O B'O B'O BOO .'0 .'0 .'0 ~ w ITEM OESCRlPTlON . , PRICI! TOTAL PRICE TOTAl PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL . , a BASE BID 1 Mobilization 1 LS $83,000.00 183,000.00 $129,000.00 $129,000.00 $57.071.00 $57,071.00 $78.000.00 $76,000.00 $SO,OOOOO $50,000.00 $10,000.00 $10,000.00 2 Control of Water 1 LS $110,000.00 $110,000.00 $10,000.00 $10,000.00 $7,220.00 $7,220.00 $6,000.00 $6,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 3 Site Demolition 3,1 Demolition of Concrete 1 LS $&4,000.00 JEW,OOO.OO $10.000.00 $10,000.00 $7,570.00 $7.570.00 $14,500.00 $14,500.00 $24,000,00 $24,000.00 $50,000.00 $50,000.00 3,2 Demolition of Existin Concrete Block Wall 1 LS $2,900.00 $2,900.00 $900.00 $900.00 $636.00 $636.00 $2,500.00 $2,500.00 $1,00000 $1,000.00 $10,000.00 $10,000.00 3,3 Removal of Existing Steel Gates & Hoist Equip. 1 LS $6.000.00 $8,000.00 $2.000.00 $2,000.00 $1,150.00 $1,150.00 $2.000.00 $2,000.00 $1,000,00 $1,000.00 $10,000.00 $10,000.00 34 Abandonment of Existin Slide Gate 1 LS $4,800.00 $4,800.00 $600.00 $600,00 $7,500.00 $7,500.00 $5,000.00 $5,000,00 $10,000,00 $10,000.00 $5,000.00 $5,000.00 3,5 Demolition of Existing Fence 1 LS $1,800.00 $1,800.00 $1.000.00 $1.000.00 $685.00 $685.00 _00 $500.00 $500,00 $500.00 $5,000.00 $5,000.00 3,6 Remove & Dispose Existin Gabions 1 LS $2.200.00 $2,200.00 $3,000.00 $3,000.00 $1,360.00 $1,360.00 $1,500.00 $1.500,00 $1.500,00 $1,500,00 $5,000.00 $5,000.00 3,7 Remove & Dispose Exlstin Grouted Riprap 1 LS $2,500.00 $2.500.00 $3,000.00 $3,000.00 $1,740,00 $1,740.00 $2,000.00 $2,000.00 $1,000,00 $1,000.00 $10,000.00 $10,000.00 3. Storm Drain Abandonment 1 LS $2,000.00 $2,000.00 $1,800.00 $1,800.00 $2,71IJoo $2,710.00 $1.000.00 $1,000.00 $1,000,00 $1,000.00 $5,000.00 $5,00000 4 Site Preparation 4,1 Clearing & Grubbin 1 LS $1,350.00 $1,350.00 $2,500.00 $2,500.00 $605.00 $605.00 $1.500.00 $1,500.00 $3,000,00 $3.000.00 $2,000.00 $2,00000 4,2 Tree Removal 7 Ead> ....,00 $2,800,00 $225.00 $1.575,00 $500.00 $3,500.00 $300.00 $2,100.00 $100.00 $700.00 $200.00 $1,400,00 43 Topsoil, Strip & Stock i1e 1 LS $1,900.00 $1,900.00 S550.00 $550.00 $929.00 $929.00 $2.00000 $2,000.00 $3,000.00 $3.000.00 $3,000.00 $3,00000 4,4 Salva eRiprap 1 LS $1,080,00 $1,060.00 $750,00 $750,00 $1,950.00 $1,950.00 $1,20000 $1,200.00 $4,000.00 $4,000.00 $5,000.00 $5,000,00 5 SiteWorX 5,1 Silt Removal 400 CY $15.00 $6.000.00 $13,50 $5,400.00 $8.SO $3,400.00 $13.50 $5,400.00 $20.00 $8,000.00 $100.00 $40,000.00 52 Undassified Excavation 750 CY $10.00 $7,500.00 $11,00 $6,250.00 $2,55 $1.912,50 $13,50 $10,125,00 $20.00 $15,000.00 $500 $3,7SO.00 5,3 Random Fill 1170 CY S8~00 19,360.00 $14,00 $16,380.00 $560 $6,552.00 $12.70 $14,859.00 $20,00 $23,400.00 $10.00 $11,700.00 54 Boulders, Fumish and Deliver 90 Ead> $14D.00 $12,600,00 $70,00 $6,300.00 $209,00 $18.810,00 $72.00 $8,480,00 $135.00 $12,150.00 $10000 $9,000.00 5,5 Boulders, Place 330 Ead> $130.00 $42.900.00 $30,00 $9,900.00 $6960 $22,968.00 $110.00 $36,300.00 $90.00 $29,700.00 $25,00 $8,250.00 5,6 Channel Stone Adustment 50 H' _,00 $11,260.00 $150,00 $7,500.00 $22000 $11.000,00 $455,00 $22,750,00 $200.00 $10,000.00 $30000 $15,000.00 5,7 Base Rock, Fumish and Deliver 6180 Tons ...,00 $179,220.00 $39,50 $244,110,00 $4850 $299,730.00 $30.70 $189,726.00 $05,00 $216,300.00 $35,00 $216,300.00 5. Base Rock, Place 6230 Tons '12.10 $76,383.00 $2,75 $17,132,50 $7.90 $49.21700 $4,00 $24,920,00 $20.00 $124,600.00 $1000 $62,300.00 5,' Filter Rock, Fumish and Install 2515 Tons $41.60 $104,6:24.00 $3500 $88,025.00 $54,60 $137,319,00 $36.00 $90,540,00 $50,00 $125,750.00 $30,00 $75,450.00 5,1 Granular Filter, Furnish and Install 1400 Tons $24.10 $33,740.00 $9.00 $12,600.00 $12,70 $17,780,00 $35.90 $50,260.00 $40.00 $58,000.00 $25,00 $35,000.00 5.11 Field Slone Cobble (1"-6") 150 Tons "",go 14.335.00 $50,00 $7,500.00 $47,90 $7,185,00 $39.00 $5,850,00 $40.00 $6.000,00 $40,00 $6,000.00 5.12 Chinkin Rock 3/8"-314" 150 Tons -go $4,3315.00 $65.00 $9,750.00 $81,80 $12,270,00 $25.00 $3.75000 $50.00 $7,SOO,00 $30,00 $4,500.00 5,13 Fishing Rock, Furnish & Install 6 Ead> 15<(1,00 S3~.00 $295,00 $1,770.00 $65300 $3,918.00 $280.00 $1,680,00 $750,00 $4,SOO,OO $100,00 $600,00 5,14 Steel Sheet Pile 3824 SF "",go 194,ll3S.20 $24.00 $91,776.00 $17.80 $68,067,20 $22.50 $68,040,00 $26,00 $99,42400 $32.00 $122,366.00 5,15 Concrete Masonry Units 275 SF ...,00 $7,700.00 $27,00 $7,425.00 $2480 $6,820.00 $25.00 $6,875.00 $15,25 $4,193,75 $25,00 $6,875.00 516 Mill Bituminous Surface 276 SY 10-00 $1,380.00 $5.00 $1,380.00 $2,05 $585,80 $500 $1,38000 $300 $828.00 $30.00 $8,280.00 5,17 Asphalt Concrete Composite 276 SY "",,00 16,072.00 $72.00 $19,872.00 $15.20 $4,195.20 $24.00 $6,624,00 $8,00 $2,208,00 $25.00 $6.900.00 6 Erosion Control 1 LS $10,000.00 $10,000.00 $2,500.00 $2,500.00 $1,630.00 $1,630.00 $9.000.00 $9.000,00 $10,000,00 $10,000.00 $10,000.00 $10,000.00 7 Site Restoration 7,1 Topsoil 1,2 AC $1,890.00 $2,258.00 $1,400.00 $1,680.00 $1,790.00 $2,148.00 $8,300.00 $9,960,00 $500,00 $600.00 $2,000.00 $2.40000 7,2 Turf Establishment 1,2 AC $5,000.00 $6,000,00 $2,200.00 $2,640,00 $2.030.00 $2,436.00 $1,000.00 $1,200.00 $2,500.00 $3,000.00 $4,000.00 $4,600.00 TOTAL. BASE BID "",072.20 $728,665.50 $772,749.70 S703,519.oo S814.8I3.71 S781,17UO ScMduIe B AIIerIlatIl.Nq.; 1 . Concrete Overtook AU Remova Metal Grating & Slide Gate Hoisl 1 LS $501).00 $500.00 5975.00 5975,00 5864.00 $864.00 $4,400,00 $4,400.00 $800.00 $600,00 $15,000.00 $15,000.00 AU Reinforced Concrete 234 SF $30.00 $7,020.00 $52,00 $12,168,00 $20.00 $4,680.00 $62.00 $14,508.00 $10.00 $2,340.00 $100.00 $23,400.00 I;? A13 Guard Rail 54 LF $165,00 $8,910.00 $260.00 $14,040.00 $130.00 $7,02000 $170,00 $9.180,00 $50.00 $2.700.00 $100.00 $5,400.00 A 1 4 Steel Piles 80 LF "',00 $5.700.00 $175,00 $10,500.00 $15300 $9,180,00 $415.00 $24,900.00 $250.00 $15,000.00 $35,00 $2,100.00 A 1 5 Sleel 8eam 15 LF $100.00 $1,500.00 $200.00 $3,00000 $643.00 $9.845,00 $15000 $2,250.00 $50.00 $750.00 $20.00 _00 t' SUB-TOTAL" ~SCheduIe8A1tl1im1ite No.1.CoricniteOveflOok m.,630.00 $40,683.00 $31,38t.00 $6&,238.00 S21,6tD-DO $48,200.00 _C NO;2.~RiffleNo.10 , A2,1 SltePreparalion 1 LS $2,500,00 $2,500-011 $1,000,00 $1,000.00 $2,120.00 $2,120,00 $11,000.00 $11,000.00 $3,000.00 $3,000.00 15,000.00 $5,000.00 -;::- A2,2 Boulders, Fumish and Oeliver 21 EA .,..... $2.940.00 $60.00 $1,260.00 $203,00 $4,263,00 $180.00 $3,780.00 $135.00 $2,835.00 $100.00 $2,100.00 A2,' Boulders, Place 21 EA $130.00 $2.730:.00 $25.00 $525.00 $89,60 $1,461.60 5270.00 SS,67000 $200.00 $4,200,00 $50,00 $l,OSO.OO !(\ A2.4 Channel Slone Adjustment 8 H' _,00 $1.800.00 $145.00 $1,160.00 $220,00 $1,76000 $455.00 $3,640.00 $200.00 $1,600.00 $300,00 $2,400.00 A2,5 Base Rock, Furnish and Deliver 300 Tons ....., $8-,700.00 $36.00 $10,800.00 $48.90 $14,670.00 $8300 $16,90000 $3500 $10,500,00 $50,00 $15.000.00 \ 2,6 BasaRock, Place 300 Tons $12.10 $3,630.00 $10.00 $3,000,00 $7.90 $2.370.00 $11.00 $3,300.00 $3000 $9,000.00 $30.00 $9,000.00 A2,7 Filler Rock, Furnish and Install .5 Tons $41.60 $2,704.00 $50.00 $3,250.00 $65.00 $4,225.00 $110.00 $7.1S000 $6000 $3,900,00 SSO,OO $3.250.00 A2,8 Field Stone Cobble (1"-8") 20 Tons m,go $578.00 $60.00 $1,20000 $65.30 $1.306.00 $120.00 $2.400.00 $5000 $1,000.00 $50.00 $1,000.00 i \ G:\lm rovement Pro'ects\2007\L02 - P07-02 - Crow River Oam\PROJECT DOGUMENTS\B-1o.d.Bid Tabulation Iw r1o;sheel _ L2 07_02 _ 7/24/2007 _ 12:12 PM . CITY OF HUTCHINSON, 111 HASSAN ST S.TCHINSON MN 55350 612-234-4209 BID TAB ION CITY OF HUTCHINSON LETTING NO. 2/PROJECT NO. 07-02 I BID OPENING: 07/20/2007 AT 9:00 AM ENGINEER'S ESTIMATE $1,000,000.00 COMPLETION DATE: 12/21/2007 , Velt& Company Ine ParkConstruetionCompany LandwehrConatruc:lion ReinerContraetinlllne Sheryl'sConstruetionlne 19821ParveyUneRd 1400 Veit Place 23260 Main St, Suite 6 POBox 1086,Il4fi 33rd St S 21541 Hwy 7 Weat POBox40 ENGINEER'S E$TtMATE ROllel'5MN 55374-9583 HamptonMN /ili031 StCloudMN 563112 HutehlnsonMN 55350 FinlaysonMN 55735 763-428-2242 651-437.2512 320-252-1494 320-587-9886 320-233-6125 FAX 763-428-8348 FAX 651-437-4930 FAX 320-252-2380 320-587-4747 FAX 320-233-6508 .; epede<son@Ve'lllSA.eom ni<k@Io_'<:<lI'IllIrudion.<:<>m rlc@huh:hlol.noI ,; . ~ Y5ChoepQp;orll"",,5lructionco.<om . . z . ~ . " " CST. uNIt EST1JfA TED BID BID BID BID BID BID BID BID BID BID ~ . ITEM DESCRIPTION . , -- TotAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL " , 0 A2.9 Chinking Rock (318"-3/4") 20 Tons $28,00 $57'" $60,00 $1,200.00 $81.60 $1,636.00 $100.00 $2,000.00 $50.00 $1,00000 $50.00 $1,000.00 SUS- TOTAL - ScbeduIe C AItamIIe No. t. Downetr8Im Rille No. 10 526.180.00 $23,391.00 533,811.60 $57,840.00 $37.03&.00 $38,800.00 SeheduIe D AItwHnIte No. S ~ DownIriam RIm. No, 11 A3.1 Site Pre aration 1 lS $2,500.00 $2,500.00 $4,00000 $4.000.00 $2.120.00 $2.120.00 $8,704.00 $8,704.00 $3.000.00 $3,000.00 $5,000.00 $5,000.00 A3.2 Tree Removal 4 EA ....,00 $1,800.00 $225,00 $900.00 $360.00 $1,440.00 $300,00 $1,200.00 $20000 $SOD.OO $500,00 $2.000.00 A3.3 Boulders, Furnish and Deliver 28 EA "'40.00 13.820.00 $60.00 $1,680.00 $204.00 $5,712.00 $180,00 $5.040.00 $135.00 $3,780.00 $100.00 $2.800.00 A3.4 Boulders, Place 28 EA $130.00 $3,840.00 $25.00 $700.00 $69.60 $1,948.80 $270,00 $7,560.00 $20000 $5.600.00 $50,00 $1.400.00 A3,5 Channel Stone Adjustment 8 He $225,00 $1.800.00 $145.00 $1,160.00 $220,00 $1,760.00 5455.00 $3,640.00 $200.00 $1,600.00 $300,00 $2,40000 A3.6 Base Rock, Furnish and Deliver 970 Tons ...,00 $28,130.00 $36.00 $34,920.00 $48,90 $47,433,00 $63.00 $61,110.00 $35,00 $33,950.00 $50,00 548.500.00 A3.7 Base Rock, Place 970 Tons $12.10 '11.737.00 $10.00 $9,700.00 $7,90 $7,663,00 111.00 $10,670.00 $30.00 $29,100.00 $30.00 $29,100,00 A3,S Filter Rock, Furnish and Install 420 Tons $41.60 $17,.72.00 $50.00 $21,000.00 $61.50 $25,830.00 $110.00 $46,200.00 $S5.00 $23.100.00 $70,00 529.40000 A3,9 Field Stone Cobble 1"-6") 20 Tons ...,,, 1578.00 $60.00 $1,200.00 $65.30 $1,306.00 $120.00 $2.400.00 $45,00 $900.00 $50.00 $1.000.00 A3.10 Chinking Rock (31S"-314") 20 Tons $28," $578.00 $60.00 $1,200.00 $81.80 $1,636.00 $100.00 $2,000.00 $5000 $1,000.00 $50,00 $1.000.00 SU8-TOTAL-Schedulei D AJtemate NO.:\. Dawn8trum RJtfte NO, 11 571,861.00 576,460.00 598,848.80 $148,524,00 $102,8S0.OD $122,800.00 Schedule E Anemata No.4 - Girt Scout Park A4,1 Unclassified Excavation 325, CY $10,00 $3.250.00 $7.50 $2,437,50 $3,05 $991.25 113.50 54.387.50 120,00 $6,500,00 $10.00 $3,250.00 A4.2 Random Fill 835 Cy ",00 16,880.00 $10.00 $8,350.00 $7.00 $5,845.00 $13.00 110.855.00 $20.00 $16,700.00 $12,00 $\0,020,00 A4,3 MnlDOT Class V Aaarooate Base 90 Tons S20,OO $1.800.00 $15.00 $1,350.00 $24.40 $2,196.00 $24.00 $2.160.00 $10.00 $900.00 $25,00 $2,25000 A4.4 Filter Rock. Furnish and Install 75 Tons $41.60 $3,120.00 ,,",00 $3,450.00 $65,80 $4,935,00 $110.00 $8,250.00 $4500 $3.375.00 $80,00 $6,000,00 A4.5 Granular Filter, Furnish and Install 40 Tons 124.10 ....00 $8000 $2,000.00 $33,10 $1,324,00 $20.00 $800.00 $50,00 $2,000.00 $70.00 $2,800.00 A4.6 Crushed A re ateSurfacin 90 SY $17.60 $1,575.00 ",00 $720.00 $5,75 $517,50 $111.00 $9.990.00 $3,00 $270.00 $40.00 $3,600.00 A4.7 Fiber Entrained Concrete 3435 SF $4,50 $1$A57.50 $6,00 $20.610.00 $3,70 $12,709,50 $3.75 $12.881.25 $500 $17,175.00 $30.00 $103,050.00 M.S Reinforced Concrete 315 SF ""00 $9~450.oo $18.00 $5.670,00 $11,00 $3,465.00 $7.00 $2,205.00 $750 $2,36250 $50.00 $15.750.00 A4.9 Concrete Pedestrian Ramp. COH Dwg. 2520.0S 1 lS $1,500.00 $1,500.00 $<0000 $400.00 $1,27700 $1,27700 $-400.00 $400.00 $500,00 $50000 $10,000.00 $10,000.00 A4.10 Concrete Curb & Gutter MnlDOT 8618 (7100H) 1 lS $600,00 $60(1,00 $550.00 $550.00 $955,00 $955,00 $1,080.00 $1,080.00 $1,200,00 $1,20000 $5.000.00 $5,000.00 A4.11 Concrete Demolition and Disposal 1 lS $750.00 $750.00 $500.00 $500.00 $444,00 $444,00 $1.000.00 $1.000.00 $1,000,00 $1,000.00 $6.000.00 $6,000.00 A4.12 Tree Removal 8 E' $400,00 $3,200.00 $225.00 $1,800.00 $360,00 $2,880,00 $300.00 $2,400.00 $200,00 $1,600.00 $500.00 $4,000.00 A4.13 Mulch 1800 SY 13,50 $8,300.00 $6.75 $12,150.00 $6,20 $11,160,00 $6.60 $11.880.00 $387 $6,966.00 $5.00 $9,000,00 A4.14 Steel Edging 280 LF $8,00 $2,520.00 $6,50 $1,820.00 $6,10 $1,708.00 $6.60 $1.848.00 $4,00 $1,120,00 $10,00 12,80000 T_ A4.15 Herila eOak 7 E, $270,00 ",890.00 $190.00 $1,330,00 $174,00 $1,218,00 $185.00 $1.295.00 $172.00 $1.204.00 $600.00 $4.200.00 A4.16 Northem Redbud 9 E' $270,00 $2.0i30.00 $190.00 $1,710.00 $174,00 $1,566,00 $185.00 $1,665.00 $172,00 $1,548.00 $550.00 $4,950.00 A4,17 Adams Crabapple 11 E' $420,00 $4,620.00 $270.00 $2.970.00 $246,00 $2,706,00 $260.00 $2,860.00 $135,00 $1,485.00 $500.00 $5,500.00 A4.18 Weeping larch 1 E' $380,00 ...... $280.00 $280.00 $25700 $25700 $300.00 $300.00 $144,00 $144.00 $600.00 $800.00 Shrubs A4.19 Gro iow Sumac 102 E, $38,00 $3,672.00 $26.00 $2,652.00 $2430 $2.478,60 $26.00 $2.652.00 $23,60 $2,407.20 $200.00 $20,400.00 A4.20 Hvdranaea 14 E, ...,00 ...... $49.00 $686.00 $4480 $62440 $48.00 $672.00 $38.40 $509.60 $200.00 $2,800.00 A4.21 I" HaloD d 50 E' ""00 $1,800.00 $2600 $1,300.00 $24.30 $1,215,00 $26.00 $1.300.00 $23.60 $1,180.00 $200,00 $10,000.00 A4,22 Dwarf Bush Honeysuckle 101 E' $36.OQ $3.6361lO $26,00 $2.626.00 $24,30 $2,454,30 $26.00 $2,626.00 $23,60 $2,383.60 $200,00 $20,200.00 A4.23 Spreadin VOw 14 E' ...,00 .....00 $47.00 $658.00 $42.50 $595,00 $45.00 $630.00 $4200 $588.00 $20000 $2.80000 Herbaceous A4.24 Blue Hills Sa e 64 E, $111.50 $1,248.00 $13.00 $832.00 $12.20 $780,80 $13,00 $632.00 $8.00 $512.00 $50.00 SJ.2oo00 ~ A4.25 CranesbillGeranium 90 E, '19.50 $1,7$$.00 $14.00 $1,260.00 $13.20 $1.188,00 $14.00 $1.260.00 $8.00 $720.00 540,00 53,600,00 ~. A4,26 Davlillv 95 E, S24.OO S2,2S0.OQ $12,00 $1.140,00 $11,10 $1,054.50 $12.00 $1.140.00 $8.00 $760.00 $30.00 $2,850.00 A4.27 Easl Friesland Sage 64 E' $1\\,60- $1,248.00 $13.00 $832,00 $12,20 $780.80 $13.00 $832.00 $8.00 $512.00 $45.00 $2,880.00 R A4.28 H~" 12 E' $33.00 _,00 $12.00 $144.00 $11,10 $133.20 $12.00 $144.00 $10,00 $120.00 $30.00 $360.00 A4.29 Joe Pye Weed . E' $24.50 $163.00 $12.00 $72.00 $1110 ""50 $12.00 $72.00 $10,00 $60,00 $60.00 $360.00 M,30 landy's Manlle 240 E, $16.50 $3.980.00 $12.00 $2,880.00 $1110 $2,664.00 $12.00 $2,880,00 $8.00 $1,920,00 $30.00 $7,200.00 - A4,31 little Biuestem 2882 E, ..00 117,292.00 $450 $12,96900 $405 $11,672.10 $400 $11.528.00 $2.00 $5.764,00 $40.00 $115,280.00 ( A4.32 Purple Coneflower 44 E, 't6.50 ",",00 $12.00 $528.00 $1110 $488.40 $12.00 $528.00 $8.00 $352.00 $35.00 $1,540.00 I- A4.33 RussianSaae 130 Eo ffUO $2,145.00 :&12.00 $1.560.00 $11,10 $1,443.00 $12.00 $1,560.00 $8.00 $1,040.00 $25.00 $3,250.00 \' A4.34 Siberian Iris 9 E' ntoo $216.00 $14.50 $130.50 $13,20 $118,80 $14.00 $126.00 $8,00 $72.00 $30.00 $270.00 5 Soloman's Seal ,. E' $21;00 1338,00 :&13.00 $208.00 $12,20 $195.20 $13.00 $208.00 $8.00 $128.00 $30.00 $480.00 A4.36 Slonecro 49 E, $tlUIl ....,.. $12.00 $588.00 $1110 $543,90 $12.00 $588,00 $800 $392.00 $40.00 $1,960.00 . , , G:\lm rovementPro'ects\20""''' . n"7_M. "rrYoN River DamIPROJECT DOCUMENTS\B-10-d_Bid Tabulation 'worksheet' _ L2 07-02 _ 712412007 _ 1""" DII . CITY OF HUTCHINSON, 111 HASSAN ST S.TCHINSON MN 55350 612-234-4209 BID TAB ION CITY OF HUTCHINSON LETTING NO. 2/PROJECT NO. 07-02 BID OPENING: 07/20/2007 AT 9:00 AM ENGINEER'S ESTIMATE $1,000,000.00 COMPLETION DATE: 12/21/2007 Veit&Compal'lyll'lc ParkCol'lstructiOl'lCompal'lY Lal'ldwehrCol'lstructiol'l ReinerCol'ltractinglnc Sheryl'sConstructloninc 191121 ParwyLil'le Rd 1400 Velt PJace 23260 Milin St, Suite 6 PO Box 1086, 84633rdStS 21541 Hwy7West POBox40 ENO~E81l1U.n: Rogel'$MN 55374-9583 HamptonMN 55031 StCloudMN :16302 HutchinsonMN 55350 Fil'llaysonMN 56736 763-428-2242 651-437-2512 320_252_1494 32~87-9886 320-233-6125 FAX 763-428-834l1 FAX 651-437-4S30 FAX 320-252-2380 320-587-4747 FAX 320-233-U08 ,; ~ ~rson@\I8i1USA.l:<lm V5dIoelJGpilrkconstru.ctionco.com nic~"""Slruc:tlon.com -~ Z . . " ~ _,UNIT ESTIMATED BID BID BID BID BID BID BID BID BID BID w ITEM DESCRIPTiON . 0 PRICe TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRiCE TOTAL PRICE TOTAL " 0 0 A4.37 Switch Grass 45 E. $24.00 $1,080.00 $14.50 $652.50 $13.20 $594.00 $1400 $630.00 $8,00 $360.00 $35.00 $1.575.00 A4.38 Tufted Hair Grass 46 E. $24.QO $1,104.00 $14.50 $667,00 $13.20 $607.20 $14.00 $644,00 $8.00 $368.00 $40.00 $1,840,00 A4.39 Yarrow 85 E. $16.50 $1,402:50 $1200 $1,020,00 $11.10 $943.50 $12.00 $1,020.00 $8.00 $680.00 $50.00 $4,250.00 SUB-TOTAL - khedut6 EAItlm1ate No.4. GlrI'Scout Park $113.386.50 $101,1OUO $86,716..66 $108,128,75 S8lUii7,80 -.. Schedule F ~ No. I. !helm. Park AS.1 Crushed A regale Surfacing 100 SY $17.50 $1,750.00 $4,50 $450,00 $1.05 $105,00 $111.00 $11,100.00 $3.00 1300,00 S40,OO $4,000,00 AS,2 Mulch 1170 SY ..,.. $4,095.00 $S50 $7,605,00 $6.20 $7,254.00 $6.60 $7,722.00 $3.67 $4,527.90 $5.00 $5,850,00 Trees AS.3 Heritage Oak 3 E. $270.00 1810.00 $190,00 $570,00 $174.00 $522,00 $165.00 $555.00 $172.00 $51B.00 _00 $1,800,00 AS.4 Adams Crabapple 11 E. ....,DO $4,620.00 $160.00 S1,760,00 $146.00 $1.606,00 $260.00 $2,860.00 $270.00 $2,970.00 $500.00 $5,500,00 Shrubs AS,S Bridalwreath Spirea 7 E. $36,DO "",DO $27.00 $189.00 $2430 $170,10 $2600 $182.00 $23.60 $165,20 $100.00 $700.00 AS,6 GrolowSumac 1D2 E. $36,DO $3,872.00 $27.00 $2,754.00 $24,30 $2,476.60 $2600 $2,652,00 $23.80 $2,407,20 $70.00 $7,140.00 AS,7 '" Halo Do od 50 E. $36,DO $1,800.00 $27.00 $1,350.00 $2430 $1,215.00 $2600 $1,300,00 $23.60 $1,180,00 $50.00 $2,500.00 AS.8 Dwarf Bush Honeysuckle 155 E. $36,00 $5,580.00 $27.00 $4,185.00 $24.30 $3.766.50 $2600 $4,030,00 $2380 $3,65800 $60.00 $9,300.00 Herbaceous AS.9 Daylilly 65 E. "',DO $1.580,00 $12.00 $780.00 $11.10 $721.50 $12,00 $780,00 $8.00 $52000 $30,00 $1,950.00 AS.10 LitlieBluestem 678 E. oaDO $4,oaa.oo $4.50 $3.051.00 $4.05 $2,745.90 $4.00 $2,712.00 $2.00 $1,356.00 $40.00 $27.120,00 AS.11 Russian Sage 3D E. $16.50 ....,DO $12.00 $360.00 $11.10 S333.00 $12.00 $360.00 $8.00 $240.00 ""00 $900,00 A5.12 Switch Grass 52 E. "'.. $t.2-4$.OO $14,50 $754.00 $13.20 $686.40 $14.00 $728.00 $6.00 $416.00 $32.00 $1.66400 SUB-TOTAL. Schedule F AJtemate No. &. EheIm Park $28,160.00 $23,8OB.oo $21,804.-00 534,881,00 $18.218.30 .......... TOTAL ALTERNATES $265,061.60 ........... $270,448.86 $404,711.75 -"" $68~llIOJlO TOTAL BASE BID WITH ALTERNATES $1,174.133.70 $9MA14.00 $1,043,188.11 $1,108,230.75 $1,161,442.85 $1,471.712..00 I I I TOTAL BASE BID WITH ALTERNATES NO, 1-2-4-5 $1,102,178.70 $917,854.00 SN6,348,86 mt,706.71 $1,041,112.85 SUII,112.00 ~ r t C' 1:i:. ~ ; . Authorization to obtain bids for Customer Elation Call Center project . . . . . PROJ, NO, 8655 1,0 PROJECT 2,0 BIDS DUE 3,0 PLACE DUE SECTION A-Ol PAGE 1 PUBLICATION NO, 7604 INVITATION FOR BUILDING CONSTRUCTION BIDS CITY OF HUTCHINSON MN LETTING NO. 11/ PROJECT NO, 07-11 4,0 TYPES OF BIDDING AND CLASSES OF WORK 5,0 AVAILABILITY OF DOCUMENTS 6,0 DOCUMENT PURCHASE 7,0 DOCUMENT PURCHASE 8,0 BID SECURITY 9,{) REJECTION 10,0 PRIOR APPROVAL Letting No, 11/Project No, 07-11 City of Hutchinson Economic Development Authority Customer Elation Call Center 1150 51h Avenue SE Hutchinson MN 55350 August 17, 2007 @2:00 p,m, City of Hutchinson Economic Development Authority 111 Hassan Street SE Hutchinson MN 55350 A Prime contract will be awarded for the following work: General Construction: Economic Development Authority Customer Elation Call Center - Divisions 1 through 16 (less work indicated to be performed by Owner) and related drawings, Drawings and Specifications are on file at the office of Zenk Read Trygstad & Associates, Inc" 907 Sykes Street, P,O, Box 689, Albert Lea, Minnesota 56007, and at the following Builders, Exchanges: Minneapolis, MN; SI. Paul, MN; Mankato, MN; Albert Lea, MN; Austin, MN; Rochester, MN; and at the following other locations, Dodge/Scan McGraw-Hili Information Systems and Construction Bulletin/CMD, Contractors and suppliers may obtain one set of documents from the Architect upon payment of a $50,00 deposit and a $50,00 handling fee, in two separate checks, Suppliers and individuals requiring other than as above may purchase them No refunds on purchased items, The Bidder is solely responsible for selection of drawing sheets and completeness of his bid. Request may be in writing or by phone, For purchase of complete sets, drawing sheets, or specification sheets, contact the Architect's office. Documents will be sent UPS, 5% Bid Security is required, In submitting a bid each bidder agrees the bid shall be valid for a period of thirty days from the date of the bid opening, Owner reserves the right to reject any or all proposals and to waive bidding informalities, Bids received alter the date and time specified will not be considered, This contract has a prior approval clause for product substitutions, . . . PROJ, NO, 8655 SECTION A-01 PAGE 2 12,0 BID OPENING Sealed bids endorsed upon the outside wrapper "LETTING NO, 11/PROJECT NO, 07-11" will be received by the City of Hutchinson at the above mentioned time and date and will be publicly opened. Bid results will be made available, upon request, following the bid opening, DATED AT HUTCHINSON, MINNESOTA THIS 27TH DAY OF JULY 2007, PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, JULY 26TH 2007 PUBLISHED IN THE CONSTRUCTION BULLETIN ON MONDAY, JULY 30-0., 2007 END OF A-01