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cp03-22-2005 c AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAX, MARCH 22, 2005 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION -Rev. Howard Anderson, Hunter's Ridge Community Church 3. PLEDGE OF ALLEGIANCE 4, MINUTES (a) REGULAR MF,F.TING OF MARCH 8, 2D05 Action - Motion to approve as presented 5, CONSEN"f AGI•;1VDA (a) REPORTS OF OFFiCF,RS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM JANUARY 20, 2005 2. HUTCHINSON PUBLIC LIBRARY 130ARD MINUTES FROM 7ANUARY 24, 2005 3. HUTGHINSON HOUSING & REDEVELOPMENT AUTHORITY BUARD MINUTF..S FROM FEBRUARY 15, 2005 4. PLANNING COMMISSION MINUTES. FROM FEBRUARY 15, 2005 5. CTTY OF HUTCHINSON GENERAL FUND FINANCIAL RF..PQRT FOR FEBRUARY 2005 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR FEBRUARY 2005 7. HUTCHINSON AREA IIEALTH CARE FINANCIAL REPORT' FOR FEBRUARY 2005 (b) RESOLUTIONS AND ORDINANCES ]. RESOLUTION NO. 12676 -RESOLUTION CHANGING/CORRECTINCx THE NAME OF EAU CLAIRE STREET SE TO EAU CLAIRE AVENUE SE 2. RESOLUTIOON NO, 12677 -RESOLUTION FOR PURCHASE (MOSQUITO CONTROL, FORD TRUCK, CREEKSIDE PRODUCT PACKAGING, BAG FII,M) 3. ORINANCE NO. OS-0400 -ORDINANCE REVISING SEWER RATES RELATED TO BOD SURCHARGE (SECOND READING AND ADOPT1pN) (c) PLANNING COMMISSION ITEMS 1, CONSIDF,RATION OF VARIANCE REQUESTED BY IIERBERT KRIENKE, 456 PROSPECT STREET NE, TO REDUCE FRONT YARD SETBACK FROM 25 PEET TO l2 FEET FOR THE REPLACEMENT OF EXISTING NONCONFORMING PORCH WITH STAFF RECOMMENDATION AND FAVORABLE RECOMML•'NDATION (ADDFT RE50LUTTON NO. 1266) 2. CONSIDERATION OF VARIANCE REQUESTED BY KENNETH BALLARD, 312 5T'ONEY POINT ROAD, TO REDUCE REAR YARD SETBACK FROM 30 FEET TO 28 FEET FOR THE CONSTRUCTION OF A 16 FOOT X 20 FOOT FAMILY ROOM ADDITION WITH STAFF • RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESDLU'1'ION NO. 12664) . CITY COUNCIL AGENDA -MARCH 22, ~OD5 3. CONSIDERATION OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED • DEVELOPMENT DISTRICT 5UBMITTEb BY CROW RIVER HABITAT FOR HUMANITY LOCATED AT 560 AND 570 HII,LTOP DRIVE NE AND LOT SPLIT AT 560 HB,LTOF DRIVE NE FOR CONSTRUCTION OF TWIN HOME WITI3 STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (AbOPT RESOLUTION NO. 12665 & 12666) 4. CONSIDERATION OF CONDTTIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT, VACATION OF EASEMENTS IN SOUTHFORK RIDGE AND 28 LOT FINAL PLAT OF SOUTHFORK RIDGE THIRD ADDITION LOCATED IN THE SOUTI3FORK RIDGE PLAT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION ANDpADOPTI00N OF ORDINANCE Np OS OA02 FOR ~RILB12, 2 aD SET SECOND READING S. RECONFIRM PRELIMINARY PLAT AND CONSIDERATION OF THE 102 LOT FINAL PLAT OF SUMMERSET THIRb ADDITION SUBMITTED BY ARNE ESTERBROOKS, DEVELOPERS RESOURCE COMPANY, WITH STAFF RECOMMENDATION. ANA FAVORABLE RECOMMENDATION (ADOFT RESOLUTION NO. 12670) 6. CONSIDERATION OF REVISED 29 LOT FINAL PLAT OF BRIDGEWATER ESTATES THIRD ADDITION SUBMITTED BY GPS DICKINSON WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (AbOPT RE5OLUTION NO. 12671) (d) CONSIDERATION FOR APPROVAL OF ON-SALE INTOXICATING LIQUORANA WINE LICENSES FOR 2005 (e) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR MCLEOD COUNTY PHEASANTS FOREVER ON APRIL 9, 2005, AT MCLEOD COUNTY FAIRGROUNDS (I) CONSIDERATION FOR APPROVAL OF TOBACCO LICENSE FOR HLTTCHINSON C0=0P •. (g) HOUSIN GREHOANBIT.ITATION RE O~VING LLOAN FUND PROCEDURAL GUII7EL NERSOVAT, OF (h) COLARIF CAT ON ON DEFEPRRAL ST~TU3 (SAOSU29) VISION OF ASSESSMENT ROLL FOR (i) CONSIDERATION FOR APPROVAL OF DELETING DEFERRED ASSESSMENT ON RUTZ PLUMBING PROPERTY (j) CONSIDERATION FOR APPROVAL OP 2005 IMPROVEMENT PR07ECT TESTING AGREEMENT WITH BRAUN INTERTEC (k) CONSIDERATION FOR APPROVAL OF ENGRdEER1NG SERVICES AGREEMENT WITH SEH CONSULTING (DOWNTOWN STREETSCAPE AND DENVER AVENUE SE) (l) LETTING NO, 7, PR07ECT NO.OS-07 & 05-08 (MICHIGAN AVENUE NE & SE AND RAILRAOD CROSSING/STREET MAINTENANCE O ERING PREPARATION OF REPORT ON IMPROVEMENT AND RECEIVING RE ORT AND CALLING HEARING ON IIvIPROVEMENT (m)CONSII]ERATION FOR APPROVAL OF TRANSFER STATION COORDINATION CONTRACT Action -Motion to approve consent agenda 6. PUBLICHEAI2INGS-b:00P.M. 7. COMMUNICATIONS, REQUESTS AN- PETITIONS (a) PRESENTATION BY ERIC WII.L.ET, LEAGUE OF MINNESOTA CTI7E.5, ON LOCAL GOVERNMENT • AID 2 CITY COUNCIL AGENDA - MARCHZZ, 2005 No action. • 8. UNFINISHED BUSINESS 9- (a) CONSIDERATION FOR APPROVAL OF PRNATE HANGAR CONSTRUCTION/LEASE .AGREEMENTS Action -Motion to reject -Motion to approve (b) PRESENTATION ON LIQUOR STORE EXPANSION AND AUTHORIZATION TO PROCEED Action - Motion to reject -Motion to approve (c) TUS IEMONTGOMERY ARCHITECTS FOR THE LIQUT O TORE EIC~E~SNAS ~REEMENT WITH Action -Motion to reject - Motion to approve (d) CONSIDERATION FOR APPRDVAL OF AUTHORIZATION TO SEEK BIDS FOR THE LIQUOR STORE EXPANSION PROJECT Action -Motion to reject -Motion to approve (e} CONSIDERATION OF CONDITIONAL USE PERMIT AND VARIANCE REQUESTED BY MARVIN WII.LHITE, 465 HIGH STREET NE, FOR CONSTRUCTION OF SECOND DETACHED GARAGE OVER 1000 SQ FEET WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (4-2 PLANNING COMMISSION VOTE) (ADOPT RESOLUTION NO. 12662) • Action -Motion to reject -- Motion to approve (~ CONSIDERATION OFCONDTI'IONALUSEPERMITREQUESTEDBYSOUTHWESTMINNESOTA FOUNDATION TO ALLOW FOR AN OFFICE BUILDING IN THE CS DISTRICT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (PLANNING COMMISSION 4.1 VOTE) (ADOPT RESOLUTION N0. 12bb9) Action -Motion to reject - Motion to approve (g) CONSIDERATION FOR APPROVAL OF REQUEST FORPROPOSALS OF JOB EVALUATION AND COMPENSATION SYSTEM Action - Mntion to reject -Motion to approve (h) CONSIDERATION FOR APPROVAL OF RESOLUTION N0. 12680 -RESOLUTION OF APPLICATION TO MINNESOTA PUBLIC FACILITIES AUTHORITY FOR DRCNKING WATER REVOLVING FUND Action - Motion to reject - Motion to approve (i) CONSIDERATION FOR APPROVAL OF FURCHASE AGREEMENT WITH SOUTHWEST MINNESOTA FOUNDATION FOR THE CONVEYANCE OF CITY-OWNED LAND (WAIVE FIRST READING AND SETSECOND READING AND ADOPTIONOF ORDINANCE NO. 05-Od01 FOR APRIL 12, 2005) Action - Motion to reject -Motion to approve • G) VISIONING SESSIONS ADMINISTRATIDN ON 2005 CTl'1' COUNCIL OB]ECTNES (FROM 20U5 C77'1' COCTNCIL AGENDA -MARCH 22, 2005 Action - Motion to rejeoY- Motion to approve . (k) CONSIDLRATIQNFORAPPROVALOFMEMORANDUMOFAGREEMEN'TFORTHEMINNESOTA UNIFIED CERTIFICATION PROGRAM FOR DISADVANTAGED BUSINESS ENTERPRISES Action -Motion to reject --Motion to approve (1) CONSIDERATION FOR APPROVAL OF SUPPORTING THE HIGIIWAY 15 COALITION Action -Motion to reject - Motion to approve (m)CONSIDERATTONFGR APPROVAL OF SUPPORTING SPEED STUDY ON SOUTH GRADE ROAD (CSAH 115) ' Action -Motion to reject --Motion to approve (n) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR GITY ADMINISTRATOR PERFORMANCE . APPRAISAL No action. 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS, APPROPRIATIONS AND CONTRACT PA7~'NIENTS 12. ADJOURN C~ MINUTES REGULAR MEETING - HUTCFIIN50N CTTY COUNCIL TUESAAY, MARCI3 S, 2005 CJ 1, CALL T20RDER - 5:30 P.M. Vl~ayar Steve oo ca e t e meeting to order. Members present were $ill Amdt, Kay Peterson, Jim Haugen and Casey Stotts, Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Public Works 2. INVOCATION -Rev. Howard Anderson, Hunter's Ridge Community Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEBTING DF FEBRUARY 22, 2005 (b) BID OPENING MINUTES FROM MARCH 2, 2005 Motion by Ilaugen, second by Arndt, to approve minutes. Motion carried unanimously. 5. CONSENT AGENDA (a) REPORTS DF OFFICERS, BOARDS AND COMMISSIONS 1, F1RE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2005 2. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR JANUARY 2005 3, BUILDING DEPARTMENT MONTHT.Y REPORT FOR FEBRUARY 2005 (b) RESOLUTIONS AND ORDINANCES l.. RESOLUTION NQ 12659 -RESOLUTION FOR PURCHASE (roof re lacement at wastewater treatment plant, engineering equipment and software, bag film for compost facility) 2. RESOLUTION NO. 12d60 -RESOLUTION ACCEPTING PLEDGEp SECURITIES FROM CITIZENS BANK & TRUST CO. 3. ORINANCE ND. OS-0400 -ORDINANCE REVISING SEWER RATES RELATED TO BAD SURCHARGE (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF ON-SALE INTOXICATING LIQUOR ANI? CLUB LICENSES FOR 2005 (d) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENTS WITH EARTHT'ECH FOR WASTEWATER TREA'T'MENT FACILITY MAINTENANCE/UPGRAAE PROJECTS ` Motion b Arndt, second by Peterson, to approve consent agenda with. the exception of items 5(b)1 and 5(b)3. Motion carried unanimously. Item 5(b)1 was pulled for further discussion, Councilmember Arndt questioned which budget the bag film material was cotirin~ out of. G Plotz noted that the three items listed on the resolution are coming out of different budggets, with the bag f~m coming out of compost, Motion by Arndt, second by Haugen W approve Resolution No. 12659. Motion earned unanimously. Item 5(b13 was pulled for further discussion. Mayor Cook asked if the timing is right to change these rates before tThie rote snrdy is completed. John Rodeberg noted that issues have been raised by Hutchinson • ~ ~a~ crrrcovrvcri; nrrrvrrrES-;<,raRCl~s, aQOs Technology regarding this particular mte, The proposed ordinance does state that it won't take effect until July 1, 2005. Mr. Rodebergg also noted he just wanted to confinn to HTI that they ere cbn$derit in working • with them on these rates. He does not see a problem with continuing the adoption of this ordinance until the rate study can be completed. Motion by Peterson, second by Stotts, to continue the second reading of this ordinance to March 22, 2005. 6. PUBLIC HEARINGS - 6:00 P.M, (a) 2N° AVENUE SW FROM LAKE STREET 5W TO DALE STREET SW - LETTING NO. 7, PROJECT NO.OS-09 (CONTINUED FROM FEBRUARY $, 2005) Motion by Peterson, second by Arndt, to reopen the public hearing. Motion carried unanimously. john Rodeberp, Director of Public Works, presented before the Council. Mr, Rodeberg explained that since the last Council meeting, an additional neighborhood meeting was held on this project. A survey has been submitted by the neighborhood with a majority of the neighborhood supponing.resurfacing as opposed to reconstructing. Kent Exner, City Engineer, expplained that the initial proposal for the.project include narrowing the street and a complete reconstruction. Mr. Exner stated that after further review, rt was determined that the sanitary sewer ptpe is in relatively good shape and staff has determined that a complete mill and overlayy is feasible. Assessments for this project will cost approximately $25-30 sq. foot, Mr. Exner stated that tltere is some risk with completing only mill and overlay as opposed tp reconstruction due to the age ofthe sewer lines (45 years old). John Rpdeberg noted that areas of the sewer lines that need to be replaced or repaired will be done outside of the notmalassessments -resident service lines will be paid by the homeowner and main service lines will be paid by the City, He also noted that this will not be a typical overlay, as it will be fpur inches thick. Mayor Cook asked if the assessment policy could be reviewed and revised prior to actually got through the . assessment process on this project. Mr, Rodeberg does not fee] that that can be done for 200~projects, as changing the assessment policy will change how projects are funded(i,e. bonding, city responsibility, etc.). Tim Smith, 841 2nd Avenue SW presented before the Council. Mr, Smith stated that overall the neighborhood is in Favor of mill anri overlay as opposed to reconstruction. The residents also are requestingg that this part of the rpad not be a truck route. John Aodeberg noted that this stretch is not actually designated as a truck route, but "Np Truck" signs will be placed on the street. Motion by Amdt, second by Haugen, tp close public hearing. Motion carried unanimously. Motion by Stotts, second by Peterson, tp approve Letting No. 7, Project No. O5-D9 -approving plans & specifications and authorizing advertisement for bids for mill and overlay. Motion canted unantmously. 7. COMMUNICATIDNS RE VEST AND PETTI'I NS (a) PRESENTATION OF EDA ANNUAL REPORT -MILES SF.PPELT, EDA DIRECTOR Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt gave an overview of the board members and various teams that make up the Ecpnomic Development Authority (EDA), Mr. Seppelt explained that the EDA's key focus is business retention and expansion. Regular visits are made by EDA staff to local businesses as part of this focus. Mr, Seppelt continued to give updates on major projects happening in the city such as the State Theatre renovatipn, Hutch Hotel renovation, Lrquar Hutch expansion, and the Downtown streetscape. Mi•, Seppelt also explained the downtown ]pan and grant programs. Lastlyy, Mr. Seppelt gave an'update on Industrial Park development. Some of the goals ofthe EDA for 2005 include visi~ng 25 businesses, complete dpwntownprojects,promote downtowupost office, continue development of 5 Avenue in the Industnal Park, aggressively market industrial lots, redeveloptrient downwwn and river areas, market the city. ('b) UPDATE BY TOM KLOSS, DIRECTOR 4F INFORMATION TECHNOLOGY, ON CITY/COUNTY DATA EXCHANGE y ~~~ CITY CpUNCIL MINUTES - Mr1RCIi 8, lOQS • Tom Kloss, Director of Information Technology, presented before the Council. Mr. Kloss gave a presentation on the sharing of GIS data between the City and McLeod County. Benefits to this program include u~ates from the County Assessors, Auditors and Treasurers' office. The City also has access to the county's andshazk program. y sharing this data, both time and money are being saved, 8. UNFINISHED BUSINESS 9. NEW BUSINESS (a) UPDATE ONCOSTS OF REVISED ROUTE FOR JAYCEE WATER CARNNAL PARADE Dan Hatton, Director of Emergency Services/Police, presented before the Council ChiefHatten stated that at an eazlier Counoil meeting, the Council authorized staff and Jaycees to seek approval from MnDOT for using Main Street (State H l S) for the Water Carnival parade. Chief Hatton stated that the detour off of Main Street will go onto Bluff Street then 5'" Avenue. Due to addttional signage, barricades and manpower, the cost of the parade will increase approximately $7000 from last year. There really are no alternatives m decreasing the costs of the extra signage and barricades. Dave Kraemer, Jaycee Commodore, stated that the Jaycees do have some money in their budget that could be used for the barricades, however not an overwhelming amount. The Jaycees are constdenng solicitirig some funds from downtown businesses, Motion by Peterson, second by Arndt, to approve the Jaycee Water Carnival parade detour route. Motion carried unanimously. (b] CONSII]ERATION FOR APPROVAL OF ESTABLISHING COMPOST SITE LEAD EQUIPMENT OPERATOR POSITION Brenda Ewing, Director of Human Resources, presented before the Council. Ms. Ewinngg expplained that the compost facility is requesting that a Lead Equipment Operator position be established: Ms. Eexplained that this hierarchial position be.establishe as it sirnt !y is in public works and the parks pertinent. Another necessity for the position is due to the rotational shifts that occur at the facility. Motion by Stotts, second W Arndt, to approve establishing compost site lead equipment operator position. Motion canted unanimous y. (c) AERONAUTICAL ACTNITY AT AUTCHINSON MUNICIPAL AIItPORTd STANDARDS FOR John Olson, Airport Manager presented before the Council. Mr. Olson stated that private activity is startingg to occur at the artporl. The mmtmum standards that are prop~~ed are expectations ofprivate and commercial users of the airport and will be used as a management tool. Mr. Olson explained security measures at the airport include a Fized Base Operator living right on site, a commercial user having staff arotutd the clock artd the local police department. City Attorney Marc Scbora stated that he has reviewed the standards and he feels the document is written appropriately. Motion by Stotts, second by Peterson, to approve adopting minimum standards for aeronautical activity at l~Iutchinson Mumctpal Airport. Motion carried unammously. (d) CONSTi]ERATION FOR APPROVAL OF GRANTING APPROVAL TO JOE AND CHERYL DOOLEY FOR CONSTRUCTION OF A PRNATE CONVENTIONAL HANGAR AT HUTCHINSON MUNICIPAL AIRPORT John Olson, Airport Managger, presented before the Council. Mr. Olson explained that the Dooleys have provided all necessary informattan and agreed to the lease document for construction of a private • conventional hangarat the airport. The lease life is 50 years, with an option to renew. y L~~ CITY COUNCIL MINUTES -~- MARCH B, 2005 Motion by Arndt, second by Peterson, to approve granting approval to Joe and Cheryl 'Dooley for . construction of a private conventional hangar at the Hutc}unsan Municipal'Airport. Motion corned unanimously. (e) CONS1DERATION FOR APPROVAL OF PLACEMENT OF A TEMPORARY OFFICE STRUCTURE AT IIUTCHINSON MUNICIPAL AIRPORT FOR 18 MONTHS John Olson, Airport Manager, presented before the Council. Mr. Olson explained that Life Link III has applied to house a mobile unit at the airport for 18 months. This stmcture will be aconstruction-type trailer usually used on construction sites. Life Link III is agreeable to the terms of the lease and plan on constructing a permanent structure within the ] 8 months. Motion by Stotts, second by Peterson, to appprove placement of a temporary office structure for 18 months at Hutchinson Municipal Airport for Life Luilc III. Motion carried unanimously, (f) CONSIDERATION FOR APPROVAI, OF ACEPTING BIDS AND AWARbING CONTRACTS FOR WATER TREATMENT PLANT IMPROVEMENTS - LETTING NO. 11, PROJECT N0.05-13 EIOLOGICAL FILTRATION SYSTE - LETTING NO. 12, PROJECT N0.05-14 REVERSla OSMOSIS-RO FILTRATIO SYSTEM) - LETTING NO. 13, PROJECT NO.05-15 ICIPAL WELL Np. 8 - LETTING NO. 14, PROJECT NO.OS-16 WATER STQRAGE RESE VOIR) John Rodeberg, Director ofPublic Works, presented before the Council. Mr. Rodeberg explained that all of these bids are mainly for equipment and procurement. Letting No. 1 i, Project No, OS-13: Mr. Rodeberg explained that two bids were received. Mr. Rodeberg stated that the lowest bidder has not submitted sufficient evidence that they meet the re aired qualifications, Because of this, the consultant recommends that the bid be awarded to the second low bidder which is Infilco Degrement at $1.2 million. . Motion by Haugen, second by Peterson, to approve awarding bid to Infilco Degrement on Letting No. 11,. Project o. 05- 3, per the recommendation o consultant and staff, Motion carried unanimously. Letting No. 12, Project No. 05-14: Mr, Rodeberg explained that two bids were received. Aggain= the lowest bidder has not submitted sufficient evidence that they meet the requured qualifications of.the bid connect. Because.of this, the consultant recommends that the bid be awarded to the second low bidder which is GF. Osmonics at $l.OS million. Staff is also recommending that a conditional approval be authorized for a second option on the system, which is indicated as Alternate #2. Motion by Peterson, second by Stotts, to approve awarding bid to GE Osmanics on Letting No. 12, Project No. OS-1'4, per the recammendahon of consultant and staff: Motion carried unanimously. Letting No. l3, Project No. OS-15: Four bids were received, staff is recommending bid be awarded to the low lndder, LT'P Enterprises. Motion by Haugen, second by Stotts, to approve awarding bid tb LTP Enterprises on Letting No.13, Project No. 05-14. Motion canied unanimously. Letting No. 14, Project No. OS-16: Two bids were received, staff is recommending bid be awarded to the low bidder, Natgun Corporation. Motion byy Stotts, second by Peterson, to approve awarding bid to Natgun Corporation on Letting No. 14, Project No. OS-16. Motion Gamed unanimously. (g} CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH EARTFI'fECH FOR WATER TREATMENT PLANT ]MPROVEMENTS -PHASE 3 DESIGN SERVICES John Rodeberg, Director of Public Works, presented before the Council., Mr. Rodeberg explained that this . agreement will authorize the final phase of the roject, Mr, Rodeberg and staff are recommending a few language changes to the contract, which EarthTpech has agreed to. 4 y ~~ CITY COUNCIL MINUTR'S--MARCFIB, 2005 i • Motion by Stotts, second by Haugen, to approve engineering services agreement with EarthTech, with recommended language changes, for water treatment plant improvements -phase 3 design services. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITI-I DONOHI)E & ASSOCIA'I~S TO COMPLETE SEWER SERVICE CHARGE SYSTEM UPDATE John Rodeberg, Director of Public Works, presented before the Council. Mr. Rodeberg explained that the current rate system needs to be updated. This contract is in the amount of $19,100 wtth Donohue & Associates to complete the rate study. Motion by Peterson, second by Arndt, to approve engineering services agreement with Donohue and Associates to complete water sewer service charge system update. Motion carried unanimously. (i) CONSIDERATION FOR APPROVAL OF APPOINTING TWO COUNCIL, MEMBERS TO ATTEND BOARD OF EQUALIZATION TRAINING Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that the Board of Equalization is comprised of Council Members. A state law now requires that at least ono member of the Board attend a training pot on by the Minnesota Department of Revenue. The County Assessor is recommending that at least two members attend this framing. The training is being held March 15, 2D05. Motion by Arndt, second by Stotts, to a ppooint Mayor Cook and Councihnember Peterson to attend the Board of Equalization training on March 15, 005. Motion carried unanimously. {j) CLOSED SESSION UNI)Elt M1NNE50TA STATUTE 13D, SUBD. 3(C) TO DETERMINE WHETHER CITY-bWNED LAND SHOULD BE SOLD TO SOUTHWEST M pTA FOUNDATION AND TO DETERMINE THE ASKING PRICE THEREIN. SAID LAND SPECIFICALLY DESCRIBED AS: That ppaarrtt of Lots 1, 2, 3, 4, 5, 6, 7 and 8, all in Block 21,. NORTH HALF OF • HUTCHINSON, according to the recorded plat, and flier part of the North 16.50 feet of Fourth Street (now known as Third Avenue NW) as vacated b~ resglution passed and adopted by the City Council of ilia City of Hutchinson on the 14 day of October, 1915, lying southerly of a line drawn parallel with and 8.50 feet northerlyy, measured at right angles, from the centerline of the main track of the former Burlington Northam Inc. as said track was located on February 12,1991, and lying westerly of the east line of said Lot 1 and its southerly prolongation and lying easterly of the east line of the West 20.00 feet of said Lot 8 and its southerly prolongation. Marc 5ebora, City Attorney, explained that this property is located along 3~ Avenue NW and is former railroad property. Motion by Stotts, second by Haugen, to close this portion of the Council meeting. Mvtiva carried unanimously. The meeting was closed at 7:40 p.m. Attendees of the closed meeting included Mayor Ccak, Bill Arndt, Jim I-laugen, Kay Peterson, Casey Stotts, City Administrator Gary Plotz, City Attorney Marc Sebara, Director of Public Works John Rodeberg and Recorder Melissa Starke. The meeting was reopened at 8:30 p.m. (k). ORDINANCE N0.OS-040]- AN ORDNANCE AUTHORIZING THE SALE OFCITY-OWNED LAND TO THE SOUTHWEST MINNESOTA FOUNDATION No action was taken. 10. MISCELLANEOUS (a) COMMUNICATIONS . Marc 5ebora -City Attomey updated the Council on legislation that has been introduced by Senator Dille ~ ~~~ CITY [:dCIIJCIL MIIV(f~"$S -MARCH 8, 2005 regarding payment of bills for 72-hour hold patients at the municipally-owned hospital. Oary Flotz - Mr. Plotz mentioned that other legislation has been introduced regarding performance bands and local government aid. Both bills were introduced by Senator Steve Dille. A~resentahon is going to be made to the Council in the future by the Dept. of Revenue on how the formula is calculated. john Rodeberg - Mr. Rodeberg noted that March 29s' from 5:30-7:30 p.m. at the Event Center a Hwy 7 Open Ilcuse will be held. Motion by Amdt, second by Peterson, io set this as a public meeting. Motion carried unanimously. 1 1. CLAiM5, APPROPRIATIONS ANI) CONTRACT PAYMF,NTS Motion by Peterson, second by 1-laugcn, to pay claims, appropriations and contract payments. Motion carried unanimously. 12, AI~OURN With no further business to discuss, the meeting adjourned at 8;40 p.m. 6 y~~~ ' The January 20, 2005 meeting of the Pioneerland Library System Board was called th order at 7:30 pm by Chair John Baker. Role was passed. We have a quorum. Welcome and introduction of new board member3. Visitors are Cindi Mendridor and Sue Hilgert Hale changed VIJ3. th info from action. Wilde added ViLA.7. Baker & Taybr agreement and VIIA.B, Cladctield Contract Reigstad removed VII.B2. New and revised policies from the agenda. Hale motioned to approve the agenda as amended. Second by Relgstad. . Carried. Reckdahl motioned to approve the November 2U84 minutes. Second by Nehaan. Carried. John Baker presented for the nominating committee. Baker nominated Garrison Hale for Chair and called for further nominations. There being none, Reigstad moved to cease caps and cast a unanimous balot for Hale for Chair. Second by Hannemann. Carved. Baker nominated Eric Weiberg for Vice Chair and called far further nominations. There being none, Reckdahl moved to cease calls and cast a unanimous ballot for Weiberg for Vice Chair. Second by Lopez. Carried. Baker nominated Amy Wilde for 7reasar~Er and called for further nominations. There being none, Redcdahl moved tip cease calls and cast a unanimous ballot far Wilde for Treasurer. Second by Reigstad. Carried. Baker nominated Stacey Schuette for Secretary and called for further nominations. There being none, Hannemann moved to cease calls and cast a unanimous ballot for Schuette for Secretary, Second by Dille. Carried. Baker nominated deft t.opoz for Finance Chairand piled far further nominations. There being none, Falk moved to cease tails and cast a unanimous bapotfor Jeff Lopez for Finance.Chair. Second by Di71e. Carried. Baker fumed the meeting aver to new Chair Hate who welcomed aG and reviewed a fist of key items PL5 will need to look at this year. These include; • Automation • Restructuring of PL515tate Library Plan • Fundir~ Health • Policies -Operations, Personnel and Inirashtrclure • Trusthe Education - Rotas of BoardJDirector • PLS Collections • Union Contraotfor'0~'07 • . Future of Libraries - what do the patrons werd7 There are a number of board members who retired . Ivey Vonderharr, Gary Johnson, Herb Rotunda, Julie Jury, Mary Hueaing, Jim 5chueller, Ai Clouse, Neva Kamrath, Jack Johnson, Alvin Maas and Dean Shuck. Thanks to all of them. They vn71 be receiving a certiflca~ of ~preciation. Beth Lunn made a presentation of the automation system selection process with the aid of Jean Clark, Cindi Hendrickx and Sue HllgerL Director Houlahan presented the portion an costslflnancing and the group took questions from the board. , Hale presented for the Joiirt £xecutivelFinance Committee. Thera will be orientation for crew board members. Other members may join for a refresher as well, We are looking at setting up a trustee education meeting in July, This would be a special meeting. There.are several pew polices being looked at by committees that wip be brought to future meetings. Make sure to hand in your committee preferences, The committhes will be selected before the next meeting. Amy Wilde presented for the Finanoe Committee. Wilde motioned ib approve the December~- Finanda! Report with the correction of the Yellow MedkJne County line item and tlra'05 budget r~tons. Second by Nelaon. Carried. WIWe motioned to approve the Billa and Check Reg~ters. Second by Reigstad. Carried. Wilde motioned to adopt the current Federal mileage reimbursement rate of 5.405 per mile and keep the current meal rate. Second by Hannemann. Questions. Carried. We need ib update our flex plan due to d~anges in state and federal law. iMide motioned to approve the changes. Second by Reigstad. Carried. Wilde motioned that vus sign an agreement with Baker li<Taylor for a current in print ,~~°-~ book Ilst. Second by Reckdahl. Carrled..This vd11 save about S7t]l) per year over our other listing supply option. Clarkfield is not a member of PLS but PLS patrons may uae their holdings due to a contractwe maintain wish them for $3$99 per year. Wilde motloned to renew the carKract with Claridleid: Second by . Brown. Carried. These funds come fnxrt Yellow Medicine County. Dan Reigstad.presenfedforlhe personnel Cammit~e. Reigstad motioned to approve the new hire otthe following: • Bear Salle at 8rovrrrton • T~gan Earhart ad Glencoe • Stacey Penk at Grmre Clly • Mary Ann Price at Hutchir-son • Sarah Hobbs at L.itcirfleld • Barbara Fjetdstad at IYladisvn • Carol Harbsrts at Madison Second by 5etzepfandt. Cartied_ The Policies vdp be moved t0 the Feb. Meeting. Schuette presented for the ad hoc EvaluatianlGoalscommfttee. There was a day bng session wherein the PLS staff informed the commmii66ee of their jobs and what they think it E5 crucial to maintain as a central function regardless of system type. These include processing and technobgy. Hale presented for the I.MC and NegaBating committees. Hale is resigning from Negotiation committee rice kr his election as Board chair 5etzepfandt motioned to accept that resignation and appoint Dan Reigstad as chief negotiator. Second by Jeff Lopez. Carried. Thera needs ~ be 1 more member. M inthrested, let Directhr or Hale know. The LMC also need volunteers of 2 altertra6es. . Director Haulahan presented il~ dkec6or's report We still need a site for the Awards banquet to ba hek14121. Nelson moved that Willmar host the banquet. Second by Baker. Carried. The MLA annual conference is in September. Baker moved drat PLS pay the way for board members who attend. Second by Sandberg, Carried. Sandy Ward has reosivad MN voluntary program certification. Wilde motioned that the board send her a letter of cangratulafton, Second by Nelson. Carried. The LMC meeting will be Maroh 8 and every other month on the 2^r Tuesday evening thereat~r. These are at the Montevideo gbrary. The Executive meeting will be reschedubd, fie ALA conference is in Chicago in June. Director Houlahan vioufd trice tD attend. Wi1dR madaned t0 autlrortsa Director Houlahan to attend. Second by Wannar-wnn. Carded. Feb. 24^~ ~ MLA legislative day. Let Mary know if you are interested in attending and she wilFset up appointments. Setzapfandt motioned to adjrwm. Second by Hannemann. Meefirrg adjourned at 10:10 pm. Stacey Schuei~ Secretary • SCa~ ~ Minutes . Hutchinson Public LJbrary Board Meeting January 24, 2005 Members present: Julie Jensen, Larry Ladd, Connie Lambert, John Hassinger, Mary Henke, Librarian, and Jack Sandberg, Ploneeriand Library System (PL5) representative Members absent: Kay Johnson, Newt Potter, and Kay Peterson President Connie Lambert Galled the meeting to order. The minutes from the last meeting on November 22, 2DD4 were reviewed and approved, Reports: 1. Mary reported on the meeting with McLeod County avmm(ssloner Grant Knutson and McLeod librarians on Jan. 11, 2005 at the Glencoe Publ~ Ubrary. The county has approved a 3% increase for 2006 as requested. Commissioner Knutson has meet with PLS board to get information on new automation system. 2. Jack Sandberg gave a report on the PL5 Board meeting on Jan. 20. Anew automation package is being purchased. Cast and benefits were reviewed. Old Business: 1. Placement of Ubraripns' portraits has been established. Raising of funds Is through Friends of the Library. 2. New Century Charter School computer instruction continued to be Implemented. 71mes and dates are being set. • 3. Replacement of light fixtures in entry area to be done In February. 4. Community forum committee continues to meet. A forum on the Hutchinson family and the social Issues of the early days to be developed. An addlYional forum on fhe media coverage and the Iraq situatlori being developed. New Business: 1. Idea of having addltlonal lighting on exterior of library facing Main Street being examined. Additional benches wilt be added to the park as weather permits, 2. Recommendations for two new board members fo be pursued. Newt Patter and Connie Lambert will be golrig off the board In April. 3. Library Legislative Pay Is Feb. 24 in St. Paul. Connie and Mary to attend. Meeting adJaurned. Next meeting will be Monday, Feb. 28 at 4:30 p.m. SubmHted. John Messinger, Secretary C~ ~~`Y'- Hutchinson Housing & 1ledevelopmenl ~4uthority • Regular $oard Meeting February 15, 2005 Minutes CALL TO ORDirIt: Chairman Ian McDonald called the meeting to order, Members Present: Becky Felling, Casey Stotts, and Bxig Knott. Staff Present: Jean Ward, and Judy Flemming, 2. MINUTES QF TII)w', HRA BOARD MEETING ON JANUARY 18, 2005 Casey Stotts moved to approve the Minutes as written, Brig Knott seconded and the motion carried unanimously. 3. FINANCIAL REPORTS lean Ward presented the financial reports including the year end data to the Board. Casey Stotts moved to approve the Financials. Brig Knott seconded and the motion carried unanimously. 4. PARK TOWERS a. Jean Ward reviewed with the Board the. bid results for the renovation project. Casey Stotts moved to award the contract to C & L Services that accepts a base bid of $182,900 and a change order to add 3 Type A apartments and 1 Type B apardooent for 5103,000 for a total of $285,9D0. Brig Knott seconded and the motion carried unanimously. b. Jean VJaxd did a power point presentation for Board on the Management Operations • Certification (MASS). Becky Felling moved to approve Resolution #OS-2 Approving Management Operations Certification (MASS). Brig Knott seconded and the motion carried unanimously. 5. SCHODL CONSTRUCTION PROGRAM UPDATE Diane Sorensen of Hometown Realty presented to the Board hex proposal fox the purchase price for the School Construction Program House, The Real Estate Commission would be 5%. After Diane's presentation the Board reviewed the budget and discussed the purchase _ price. Becky Felling moved to approve the Listing Agreement with Diane Sorensen of Hometown Realty and to set the purchase price at $149,500. 6. PARK TOWERS CONTIAI[JBD c. Becky ]selling moved to approve Resolution #OS-3 for Disposition of Front Load Washer. Casey Stotta seconded and the motion carried unanitously. SCHOOL CONSTRUCTION PROGRAM CONTINIJEp b. Jean Ward presented to the Board the Memorandum of Understanding with the School 1istrict. Casey Stotts moved to approve the Memorandum Of Understanding with the School. District. Becky Rellirtg seconded and the motion carried unanimously. c. Jean Watd presented to the Board a draft purchase agreement to purchase two lots at Islaxyd View Heights Sixth Addition. Casey Stotts moved to approve the purchase of the two lots for up to $28,500 fqr each lot with.the proposal to split the cost of the assessments. Brig Knott seconded and the motion carried unanimously. d, FYI -Hutchinson Leader Article "Students guild New Home as Well as New Skills"' • ~C~3 ..~. ~: 3 8. ROLLING MEADOWS FAST UPDATE a. Judy Flemming updated the Board on the changes to HHHk'OP Guidelines. as a Glance. Casey Stotts moved to approve the revised HHPpP Guidelines as a Glance purchase price that correspond with GMI-IF.'s limits. Brig ICxzott seconded and the motion carried unanimously. b. lean Ward reviewed with the Board the MHFA RFP Application that was submitted for additional gap funds. c. Ian McDonald explained the current minimum 1-lousing expense and debt to income ratios of 28/36 for the CRV Gap Loan and the City ]tevolving Loan are not consistent with. MLIF'A's guidelines for the HAF monthly payment assistance. The monthly payment assistance is available far only 3 years and the amount o£the assistance is reduced each year, $60-$40-$20. Casey Stotts moved to allow the minimum Housing expense and debt to income ratios for the CRV Gap Loan and City Revolving Loan to go below the minimum if Ml-IFA kiAF monthly payment assistance is being used. 9. lean Ward reminded the Board o£the meeting with City Council on March 15's at 8:30 AM to review the 2004 Year End Report. 10. ADAM STREET NFIGI-IBORHOOD PROJECT SUBORD1NATiON REQUEST Request Withdrawn 11. FYI a. Award Letter from MHFA £ox CASA for Existing Homes in Hutchinson b. NAHRp Information on the President's FY 2006 Budget 12. ADJOURNMENT There being no other business, Chaimtan Ian McDonald declared the meeting adjourned. by Jean Ward, LIRA Executive Director BeciCy Felling, .~ ~~J3 MINUTES . HUTCHINSON PLANNING COMMISSION Tuesday, February 15, 2005 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman peon Kirchaff at 5:30 p.m. with the following members present: prandan Fraser, Jim Haugen. Lynn Otteson, Farid Currimbhoy, Robert Hantge and Chairman ~rchoff. Absent: Mike Flaata Also present: Julie Wischnack, AICP, Planning Director, Kent L=xner, Gity Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated January 18, 2D05 Ms Otteson moved to approve the minutes of January 18, 2005 as submitted. Seconded by Mr. Haugen. The minutes were approved unanimously, 3. PUBLIC HEARINGS • Chairman Kirchoff made a change to the order of the agenda calling for item (b) to be heard first. a) CONSIDERATION OF AN AMENDMENT TO THE CONDITIONAL USE P>~RMI'I' TO EXPANp THE AREA AT THE HllTCHINSON AIRPORT DESIGNATED FOR CONSTRUCTION OF PRIVATE STORAGE HANGARS AND ALSO CONDITIONAL USE PERMIT CONSIDERATION TO ALLOW POLE TYPE CONSTRUCTION OF HANGARS. CONSIDERATION IS ,ALSO BEING REQUESTED FOR A PRIVATE AIRPDRT RELATED COMPANY TO PLACE A TEMPORARY TRAILER ON AIRPORT PROPERTY. Chairman Kirchaff opened the hearing at 7:05 p.m. with the reading of publication #7298 as published in the Hutchinson Leader an February 3, 2D05. Ms. Wischnack explained the request tv allow an area of the airport for general private hangars. She reported there is a Conditional Use Permit in place for another area at the airport• which would allow private commercial hangars. The second request of the Conditional Use Permit is to allow a temporary office trailer structure far air ambulance service at the airport There was discussion regarding the placement of a permanent building an the site in the future. n LJ .~c~~u Minutes Planning Commission -- February f5, $e0S Page 2 • Ms. Wischnack commented on the staff recommendations as follows: 1. Tha Airport Commission has control over the appearance of hangars to be constructed and appearance of any signage. (Separate permits are required far signage) 2. Hangars must meet building codes. 3. Three year limit on the property far the hangars to be constructed. 4. There is no water and sewer service tv the property; thus connections into the existing an-site systems is required. 5. Tha hangars are nol for repair of planes. 6. The office trailer is to be temporary for a period of 18 months from the date of approving resolution. 7. There must be emergency service accessibility to the hangars. 8. There should be additional screening done on the property. Location and number should be discussed with the Planning Commission . Ms. Otteson asked how the Ciry could prevent repair of airplanes in the general private hangars. John Olson, Public Works Superintendent, stated the lease agreement will address the use of the hangars. Ms. Wischnack stated the Conditional Use.Permit is to allow the general private hangar location and allow the temporary office troller on the . Properly. Mr. Olson explained there are 3 parts to the Conditional Use Permit. He commented on the commercial hangar area far air businesses and repair. He stated the new area would not allow businesses and would have the same regulations as the City owned existing hangars that are leased. The second part to the Conditional Use Permit is to allow pole type and steel frame structures. The third part is to allow placement of a temporary office trailer for an air ambulance service on airport property. Mr. Olson stated utility and-telephone service is available ff the trailer is placed at the proposed location. He commented on the screen to the northeast of the property and explained the wetland was created by a broken tile. He stated when the the is repaired and the wetland Is drier he will be able to determine the size of the wetland and, the area available to plant. He stated his Intention is to place plantings slang the northeast comer. Mr. Olson stated the screening is the airport responsibility not the hangar owners. Ms. Otteson stated the City owned property must be held to the same standard as other businesses. Mr. Olson.exptained there must be flexibility with the screening process until the wetland is determined. Mr. Haugen asked haw long is temporary? Mr. Olson stated 18 months should be adequate for the temporary building. He introduced Mr. Andrew Kirchoft from Life Link III. Mr. Haugen left the meeting at this time. (7:30 p.m.) L~ 51.~J~ Minutes Planning Commission -February 15, 2Qt15 Page 3 Mr. Kirchoff explained that Life Link III is an air ambulance compahy headquartered In Minneapolis. He stated they are looking for the opportunity to place a helicopter in Hutchinson to save time when transporting patients from this area to. the Twin Gilles. He stated they must be out here to save time to save lives. He stated 18 months wculd be sufficient to get everything together for a permanent building. He reported the trailer will be used as office and rest area for the 24 hour staff. Mr. Kirchoff explained Life Link III is a not -for-profit company owned by health care facilities. Fte commented on the company and their mission. He explained they would be good stewards of the airport. Security would be raised with the 24 hour staff in the area. He explained they would still fly to the hospital to transport patients. He reported they would be able to service hospitals 60 - 90 miles west of Hutchinson with a facility in Hutchinson. They propose a possibility of 27-29 transpprts per month. Mr. Olson stated the airport commission met last night and supports the request for all three Conditional Use Permits. Ms. Wischnadc asked If the Gommissioners would be approving the general area and not each hangar separately. Mr. Olson stated 5 hangars would fit on one Ivt. Discussion fellowed and the consensus was to approve the first row.and they must come bade to the Planning Commission for each subsequent . row. Mr. Jim Lauer commented on his aviation experience and cautioned the Planning Commission when adding the private uses in defining commercial and private hangars. He commented on the assets of the airport and explained they should be deliberate fn how they lay out the airport. He commented on the air. ambulance business and questioned where they would maintain the heliwpterS. He agrees with the expansion ,_ capability.Af Mre airport. Mr. Hantge stated the Airport Commission will process each lease agreement individually. Mr. Lauer stated they may not know the use. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Gurrimbhcy the hearing closed at 7:45 p.m. Mr. Hantge made a motion to recommend approval of the requests to extend the private hangar area with no commercial use, include pole type hangars or steel structures and allow the temporary office trailer use for 18 months with staff recommendations changing number a to state screening will be determined by John Olson and the Airpert Commission and adding .number 9 to include the first row only. Seconded by Ms. Otteson. The motion carried unanimously. Ms. Wischnadc stated this item will be placed nn the City Gouncil consent agenda at their meeting held February 22, 2l]05 in the Coundl Chambers at 5:30 p.m. r~ ~C~~~-1 Minutes Planning Commission -February 15, 2005 Pag® 4 b) GDNSIDERAT]ON OF A CONDITIONAL USE PERMIT TO ALLOW • CONSTRUGTIDN OF AN OFFICE BUILDING IN THE 100 YEAR FLOOD PLAIN, C5 (CONDITIONAL COMMERCIAL) DISTRICT, LOCATED AT THE FORMER DALE'S AUTO SITE (14-4T" AVE, N.W.) ON THE SDUTHWEST CORNER OF HWY 7 AND HWY'15. Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7297 as published in the Hutchinson Leader on February 3, 2005. Ms. 1Nischnack commented on the request to alter the flood plain and allow an office building in the C5 (Conditional Commercial) District which requires a Conditional Use Permit for all uses. She staled the Southwest MN Foundation has prepared a formal presentation for this meeting. She commented on the location as the former Dale's Auto site at the corner of Highways 7 and 15 and updated the commission an a previous request by Walgreens. She cnmrriented on the access concems to Hwy 7 with the reconstruction. Ms. Wischnack stated there are some setback issues with the proposed plan. The Commissioner should consider the 20 foot setback of the building on the north and the.setback to the south from the railroad property which is owned by the City. Ms. Wischnadc explained the platting process and the fact these properties are abstract and lorcens which complicates the project. She commented on the parking to the west. They provided a view shed for the river site. She reported the houses on the west side .of Hwy 15. North will be removed: She commented on the access and final grades from MnDOT. Ms. Wischnack reported on the staff review and concerns with the building design and roof line. She stated the landscaping does meet the requirement for number of treas. She explained the fcod plain encroachment and construction must be one foot above the 100 year flood. elevation of 1045.2 feet, There must be a stannwater quality review. She commented on other issues. There are _constnaction -- - nuisances as old services may be found from the many homes that were on the lot at one time. The electrical lines need to stay in the area and there would be an opportunity to remove the guyed poles if the properly owner purphased new poles for the nnn~uy wire supported structures. This is a costly factor..Contamination of soil should be studied. Tha storm sewer line in the northeastern portion of the properly may or may not be relocated depending on MNDOT construction. Intersection grades and 3'" Ave. grades need to be provided to expedite the final site plan grading ' information. Ms. Wischnadc commented on the platting problems since the properties are abstract and torrens. She stated the staff would rewmmend tabling the request for a Conditional Use Permit for the following Items: 1. Civil engineering drawings/calculations. 2. Verify proposed location of water and sewer lines. 3. Verify what will be done with the storm sewer line on the properly. S~aJ`~ . Minutes Planning Commission -February 15, 2005 Page S 4. Landscaping Is a high priority. A landscaping plan must be . provided. 5. The platting of the property must be completed. fi. Revise the building elevation drawings. 7. A definitive plan on power poles must 6e received. Chairman Kirchoff asked if the additional information has been submitted since the staff repent. Ms. Wischnack stated there is now a civil engineer on the project. Mr. Hantge asked about the railroad property. Ms. Wischnack stated the owner must come to an agreement with the City. She explained the City can sell the property, grant a temporary easement or grant a permanent easement. Discussion followed on the placement of the building. Ms. Wischnack stated that MNDOT did not indicated the 20 foot setback was a concern. Ghairman Kirchoff commented that Gity staff believes the Conditional Use Permit application Is incomplete. Ms. Sherry Ristau, President of Southwest MN Foundation, stated they are excited about the project She explained the property is the Gateway to Southwest Minnesota. She stated this is a good plan and benefrts downtown Hutchinson. Mr. Lee Tollefson, Rafferty, Rafferty, Tollefson Architects; presented the project beginning with the site line concept. He showed the view shed and positioning of the bullding and trees. He explained the 20 foot setback and the building placement quickly falling away from ttte righCof way. He stated the building must stay to the north because of the flood plain. He commented on the terraced walls at the entrance. of the building, He mentioned the closeness of the bullding to.the south lot line which is the City owned property and he stated there is enough setback from the street right of way. Mr. Tollefson stated a surveyor is working on the platting issues. He commented on the open area on the west side of the property being lawn and trees and will work with the City Forester on the plantings. There will be parking for 32 care which is sufFCent for this business. He stated Otto Engineering from Buffalo MN is working on engineering plans. The building is a one story masonry building intentionally curve shaped. Mr. Tollefson stated the buikfing is designed with the downtown buildings in mind. Mr. Currimbhoy asked what the plans were for the westerly portion of the property. Mr. Tollefson stated that portion of the property would be far future expansion or for sale. SL~-Ju Minutes Planning Commission -February 15, 2t)t15 Pape 6 . Mr, Fraser asked to explain where they were on resolving the staff item list. Mr. Tollefson stated items 1 - 3 were completed. The landscaping plan would be complete in about a week. He stated they will work with the City Forester to finalize the plan. Ms. Wisdtnack commented they may want to consider not planting so many trees along the west parking lot in the event there needs to 6e more parking or shared parking. Architect Steve Jensen explained depending on the MNDOT they may have to alter the grade. Mr. Tollefson stated they are waiting for MNDOT grading plans and then revisit the building elevation drawing. Ms. Wischnack stated the parking issue must be considered. The ordinance requires 5 spaces per 1000 sq. ft, of building. Ms. Ristau stated there are 2S employees and little need for more that 32 spaces. Parking could be expanded to the west. Mr. Tollefson stated platting is complicated and the surveyor is working on the plat. Atty. Sebvra stated the hang up is the abstract and torrens properties. He explained our zoning ordinances require plats in recordable fpnn and the McLeod County Recorder's office is hesitant to have abstract and torrens rewrded. They are in the process of taming the entire parcel into torrens and are working with the County Recorder's office. He explained Carver County has been surxessful at turning parcels into torrens properties. . • Mr. Tollefson stated City staff have been helpful. Mr. Fraser asked if a plat is needed. Atty. Senora stated there must be a plat in recordable form. Tha County is working with the City on this. Ms. Wischnack stated you can not build over properly lines. Ms: Otteson asked the height of the building. Mr. Tollefson stated the main wall is 16' t3". Ms. Ottason stated the ground will not 6e flat. Mr. Tollefson explained they would add 4 feet to make the wall 20 feet in height. Ms. Otteson asked why the building could oat be placed farther west on the properly to protect the site of the river as you come down Highway 15 from the north. She stated sheds concerned with the placement and architectural style of the building. Mr. Tollefson stated this building is more conservative than a two story building and the architecture is compatible with Main Street buildings. It is modern not outlandish. The brick is conservative. He stated the building is over 100 feet west of the right of way and does allow site to the river. Mr. Fraser commented on.number 7 regarding the power poles. Mr. Tollefson stated there would be two options. One to leave the guy wires which would put them right at the entrance of the building or full 5(~~y Minutes Planning Commission -February 1 S, 2005 Page 7 replacement. Mr. Fraser asked where postponing the request would put . them. Mr. Tollefson stated construction in April is desirable. They are trying to get in before the highway work in 2006. Mr. Exner stated he has talked to Bolton and Menk regarding the grade of the bridge and highway. They have indicated they are waiting to hear from the MNDOT hydrologist. The bridge will be raised 5 feet raising s „ t ;~~~+'Hwy 15 and 3rd Ave. 5 feet which will transition to the north and place the mtersection 3' to 4' higher. Mr. Fraser stated it could take months before MNDOT responds. Mr. John Muske, 71- 4`h Ave NW, commented on previous information from MNDOT which indicated 3f° Ave. would not go through to Hwy 15. He stated he understood this use is better than what could be there but it doesn't make sense to allow a building in the flood plain. Ms. Wischnadk stated originally 3rd Ave. was proposed to be closed to Hwy 15. Since then the connection is integral to the businesses on 3`d Ave. She explained construction now is smarter. Chairman Kirchoff stated the encroachment must be looked at and there are a number iF items to be resolved. Pertinent information must be received. Mr. Tollefson stated they .have responded to the setback issues. He commented on the project being constructed in a signfficant park like setting. He explained if the building were placed farther south it would be more in the flood plain. He commented on the continuity in urban design and this.building is part of a community of buildings. Mr. Jensen commented on the heavy traffic and the building would be a buffer to the parkland. Mr. Hantge commented on the balance of setting a precedence allowing the 20 foot setback of the building. Mr. Haugen stated the C5 District has recommended setbacks not required. Mr. Wischnack explained the setback would oat technically be a variance but must be noted in the Conditional Use Permit recommendations. The CS requirements are reviewed on an individual basis. Mr. Muske asked why the building could not be placed tv the west side of the property to allow greater site to the river from the intersection. Mr. Tollefson commented on the view shed. Ms. Ristau stated the Insight of the Southwest MN Board was to find a visible lot for an office building in Hutchinson. The Foundation serves 18 counties and this location Is the gateway to the Southwest. She stated the Boarcl gave specfic directions tc leave the westerly property open for sale to other potential professional • businesses. SC~~~' Minutes Planning Commission -February 15, 2005 Page 8 . Mr. Tim Ulrich, Trustee of Southwest MN Foundation, stated the Foundation is investing in downtown Hutchinson. Mr. Fraser stated the design looks good to him. Mr. Hantge made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:45 p.m. Ms. Wischnack reminded the Commissioners to address the reduction in parking request. Mr. Fraser stated they know what they need which should be sufficient. Ms. Wischnack stated new building plans must be submitted including the architectural drawings. She stated the staff is concerned with the design. Recommendation number 6 is the design of the building. Ms. Otteson made a motion to recommend tabling the request until all staff recommendations are clarified and include revisiting the design, revise the elevation drawings and also add an explanation of reducing the parking requirements. The motion failed for no second. Chairman Kirchoff asked about the 80 day waiver. He stated there are 2 options table the request or have the applicant sign a 60 day waiver. Discussion followed on the fact the applicant is waiting for information from MNDOT. Ms. Wischnack stated the Conditional Use Permit and Preliminary Plat can be handled together. She explained they need the civil engineer to set the elevations. • Mr. Hantge stated Ms. Otteson had the right motion to table the request until there is more information, He made the motion again. Ms. Otteson seconded the motion adding recommendation #8 to Garify parking. Ms. Otteson asked about the fi0 day waiver. Atty. Sebora stated the applicant was notified of an incomplete application in writing. Under the law, the letter stops the 60 days until a complete application is filed with the City. The motion carried unanimously. Ms. Wischnack stated the next Planning Commission meeting will be held on March 15"'. The Plat and all supporting information must be to City staff by February 25'". c) CONSIDERATION OF CONDITIONAL USE PERMIT AND VARIANCE REQUESTED BY MARVIN WILLHITE, 465 HIGH ST. N.E. FOR CONSTRUCTION OF SECOND DETACHED GARAGE OVER 1000 SQ. FT. Ms. Wischnack explained the applicant was not able to attend the meeting and would like his request tabled. Mr. Hantge moved to table the request. Seconded by Mr. Currimbhoy. The motion caried unanimously. 4. NEW BUSINESS CONSIDERATION OF LpT SUBMITTED BY ART HAGEN, SPLIT LOCATED AT 77 MCLEOD AVE. NE HAGEN BUILDERS SL~J~i Minutes Planning Commiasian -February 15, 2005 Page 9 Ms. Wischnack explained the properties are owned by two parties. They are • proposing to make 3 lots into 2 lots with a lot line rearrangement. She commented on the site inspection and the construction materials left on the lot. She stated this will be addressed with the building permit. She commented on the following staff recommendations: 1. Any relocation of services will be at the owner's expense. ~t~ ~. Staff would further recommend that the water service be relocated to the Ash Street portion of the property. 2. There should be an effort made to save the tree near the driveway. 3. Deeds documenting the change in property line need to be filed by the property owners. 4. The proposed addition on the southern lot requires further building permit approval. Mr. Currimbhoy made a motion to recommend approval of the lot split with staff recommendations. Seconded by Mr. Fraser the motion carried unanimously. 5. OLD BUSINESS a) RECONSIDERATI ING REQUEST BY CHRIST THE KING CHURCH AND OF C1 ZONING • b) UPDATE ON JOINT MEETING AND TOUR WITH THE CITY COUNCIL AND PLANNING COMMISSION Ms. Wischnack stated there will 6e two changes as a result of the meeting. The draft City Council minutes will be e-mailed to Planning Commissioners following their meeting and enforcement issues will be directed to the City Council. She reported the City Council members are interested in continuing joint meetings when needed. c) DISCUSSION OF CHANGE OF PAY FOR THE PLANNING COMMISSION MEETINGS Chairman Kirchnff stated the next Planning Commission meeting is scheduled for March 15"'. The new proposal wnuld put the meeting on March 10"'. Mayor Cook stated he wants the date to work for everyone. Mr. Hantge stated he has a conflict on the 2"" Thursday of the month. Ms. Otteson made a motion to leave the date as it is. Seconded by Mr. Fraser. The motion carried unanimously. B. CDMMUNICATION FROM STAFF a) Ms. Wischnack commented on a request from Mr. Marv Haugen regarding a lot split to get feed balk from the Planning . Commission for Mr. Haugen. She explained the lot is presently a flag lot on septic and private well. Service would have to come ~~)L~ M(nutea Planning Commission -February 15, 2005 Page 10 from.Maple Street on the west. She commented on the concerns of staff regarding a cross private sewerline and driveway easement. This would require a lot split and variance. Discussion followed on the access for emergency vehicles and fire hydrant placement like on the Schierman property. There was also discussion regarding the ability to get sewer and water service to the property at this time. Mr. Marv Haugen, property owner, stated the property slopes to the east. He stated one idea for the split was to share the cost of the services. He commented on the possibility of the area south of his property may develop. The east is outside City limits. Discussion followed on affordability of getting the services to the property. The property was rural now in the City. The discussion was that Tots in the City need city services. The consensus was to go ahead with the request. b) Mr. Hantge commented on a concern he has regarding hearing partial projects. He stated they listened for over an hour to the Southwest MN Foundation presentation and still did not know enough to make a decision. Chairman Kirchoff explained he said the application was incomplete. He stated he didn't want to crush their presentation 6y saying we don't need to look at your presentation until you get your application in order. Ms. Otteson stated quick presentations are fine. It gives the Planning Commission information but for them to try to act on something was out of line. Chairman Kirchoff stated keep in mind when you come down College hill and Zook at that building all you will see is the roof tap units on top of the building. He explained addressing the screening would help. Ms. Wischnack stated she agrees with them. The idea is to have a complete application wrapped up and ready for the Planning Commission to deal with. This project gat to be larger than what staff was comfortable with telling the applicant what they need to do especially with the architecture which is a very subjective matter. Staff was looking for Planning Commission advise in that respect and hoping to guide the applicant over the next month for their final drawings. Ms. Otteson stated they did not like to hear what her opinion of the building. Mr. Fraser stated he Ilked it. n LJ ~~~~y Minutes Planning Commission -February 15, 2005 Rage It Mr. Hantge stated that is fine to ask for opinions but when they want something acted on the Planning Commission is put in a tough spot. It is like they want us to do their homework for them. He stated .he didn't think it was appropriate to bump them tv the head of the agenda when everyone else had their ducks in order. Chairman Kirchoff stated we did ask the other applicant ff it was ok tc move them up. Mr. Fraser stated the biggest gap was not that staff let them come forward but staff provided what was missing and expected that the list would be addressed. In this case, the missing things were not completed. Chairman Kirchoff stated that is why he asked if any other information had been submitted. ' Mr, Currimbhoy questioned the building being placed in the 100 year flood plain when a few years ago buildings were being removed from the flood plain. Mr. Fraser stated this building would be adjusted to accommodate for the 100 year flood elevation like Shopko or the bank. Mr, Hantge explained what could happen now would be politicking the Clty Council to get this through and the homework is not done. Ms. Otteson stated in her opinion, this is a terrible plan. Mr. Currimbhoy stated B months ar so there was a different plan before them. Ms. btteson stated and that was 6eaut"rful. Ms. Wischnadc stated she was trying to get the Planning Commission reaction. Mr. Hantge stated they were put into a corner with the BO day rule whether it applies or not. He explained do they table or what. He suggested if the information is not complete the Planning Commission will not review the request. You want to help them but you can not do their homework far them. Ms. Wischnack stated we will not do this in the future. She explained it was such a big project she thought it needed to get in front of the Planning Commission before they got too far down the path. Mr. Currimbhoy asked 'rf this could have been discussed separately, Mr. Hantge stated it is different to just review something as opposed to acting on it. Ms. Otteson stated they were not ready. If someone wants to make a presentation that is acceptable to show the Planning Commission what the applicant is proposing but without enough information the Planning Commission can not act on the request. • Chairman Kirchoff stated we have to recognize when the application is incomplete it is not to be acted on. ~~~t-1 Minutes Planning Commission -February 15, 2005 Page X2 C~ Discussion followed on the sketch plan review process. Mr. Hantge stated he did not care for the plan. Mr. Currimbhvy agreed. 7. ADJOURNMENT There being no further the meeting adjourned at 8:20 p.m. L~ • ~ ~~~~ r __~-....--- ---.. ....._.~T -~ 2005 iCITY OF HU7CHINSON FINANCIAL REPORT _ __ _ __ _ 2006 • ~------------- ~---------J-------.. ... -- - iFebruarv 2004 2005 2006 200 2006 Fedrua REVENUE REPORT -GENERAL _ Fedruary February _ YEAR 70 ADOPTED BALANCE ERCEN7ApE -_ ..__.. YTD MONTH A7EACTUAL BUDGET RENIAININp ~~ USED _ -_ _ -__ --._ _ ____ __ _ __3 818,280 00_ 3,818,290 •LICENSES -- ~----10,072.00 - 31,98182._-327 ~--_ - '~ 000%i 48._82 44,900.00 _151 ~_ ------- , .....-....._ ----- - .18 • 72.94%i . TAXES __ _ 8518 ~ _2_92 500.00 280,114 ---~~-~~-~-~----- (PERMITS AND FEES 19,023.08 9,Ofi8.04 ~ 32,3 _ _~ _ ;82 _71.07%I INTERGOVERNMENTALREVENUE_ 20,708.72 911.11 14,5 .7B __ _ 0.81%I ___.-_._._---.. __ .. 72.24 2,368,538.00 2,354,983 +-~-- _ ~- 'CHARGES FOR SERVICES 112455.71 49,662-44 _ 120,287.58 1,482195.0_0_ 1,381,907.42 _ 8.12%~ SAL_E58_F~FEITS -• ._.__.- •. __ -`(~93t~ ~ 3,893.77 _4,018-77 --68,000.00 ~-- --63,880.00 ~ ---O.OD%I REIMBURSEMENTS _ _ 20,268.23 (10,335.81 _ _ 20,320.97 284,063.00 2fi3,742.03 7.15% ,INTEREST ~_ - ---- -- fi,263.fi1) 778-75) .-.--_ 4,028.75 1~548,OOD.OD _-1541,973_25_-_-.--0.26%~~ SURCHARGES-BLDGPERM_ITS 617.25 _ 125.10 _ 775.85 TRANSFERS - ~ 4 923.4 Z. BB 523.38 229,389_40 8,745,484.0[ ~ (775.95) 0.00%' ?OTAL T~------...- _ ° - ...-.. ..--. ..--'---r----...185,023.5 ----- - ---. .-.. .._ ..---~----'...9~516,084.60F~-~---z-35.~_I '' ---- 2005 _ ~ _ -_ _ CITY OF HUITYCHINSON FINANCIAL REPDRTI _ - ~005~ Fedrua 'Fe rua . _ - ~_ _.2004 --- 2008^--~----2005 ---- 2005 ~ ~~~~ ~~ ~ .. _----.. I~lx I EXPENSE REPORT -GENERAL __ _ Februa Fe i.. a------ ---~ ~~-- -~ _-- YYD - - • -MDNTHPATE ACTUAL ABUDGETI -REMA NNN~ ENUAGE; '_001 MAYOR & CITY COUNCIL •• •~~~ ~ 8,392.15 ~3, ~ _ _ __ 58,440.00 48,317.451 14.39%i -~---------~___.-___. _____-_ 375.17 8,~22_fi5-___. 9857100 258188-371-- 13.53% '~ 0_02 CITY AbMINISTRA70R 39,101.87 18,819.27 40,404.63 ? _-_,_ -.__ .._ . -_ ~__-._ --.-._.-.__-.-_, ------- - _ -- 8 569.38 0.46%j 003 ELECTIONS 73.71 30.84 30.84 6,600.00 004 FINANGE DEPARTMENT 52 992.97 41,886.72 70,203.31 500,551.00 430347.69 ~ _ 14.03%! j 005 MOTOR VEHICLE _ 29 472.85 14,560.71 __ 30000.28 216,628.00 X007_ EGASSING---_.. --- ....._11111271.84 __241141_10..1--- '948.84 172,1058.00 -~~1~44'2~ 8~1---~1@25 /°I ! 008 PLANNING ...~-----..._ .. _ 24,819.80 _.. 94.411_70 ~ .._-..~ - ........----...-----._... --- ----------._........... _... ° .•, 009 INFORMATION SERVICES 18,468.84 10,748.22 21,912.85 178,289.00 154,388.05 j _ 12.43%I -- -- 110 POLICE DEPARTMENT 352,824.58 192,381.98 381,157.85 _2,595,114.00 2,213,958.15 I 14.69%I __.. -.., ~, 115 EMERGENCY MANAGEMENT 1 052.52 _ __ 13.18 12,000.00 11,885.84 _ _ _ __0.11%! i1188AFE7Y COMMITTEE _ _ ~ 26.82• 232.72 18,947.00 _18,714.28 ~~ 1.23% 1120 FIRE DEPARTMENT .. ..._. 35,34........... _~_- ...- - -. ---- ------_.-- . .-.___-.._____.._-.___ _ 5.78 18,721.23 41,418.60., 405,631_00 _ 38421250.____ ._• 10.21%; 150 ENGINEERING __ 58 423.53 40 848.13 83 587.59 _548,137.00 485,588.41 _ _ 15.22%~ ' 152 STREETS 8 ALNSPSCTIONS -- - 114,441. 0 ---~ 69,193.77 -~.--122,465.28 873,888.00 .. 75J202_72_ _._ -14.02%I 201_ PARWRECREATION ADMINIST 27 128.83 12 338.35 _ 28888.87 I_ 185,712.00 _157,045.03 _ _ 15.44%~ - - 202 REGREATION~ __________42,727.78- -- - 8, 83_64 ~---24,200f29 ~ _ 190,836.00 _ -188,837.71 __._ _..12.68% r ~ 203 SENIOR CLTIZEN CENTER..... _ _7,366.13 _ 5,444.42 _ - 9, 8.88__ _68,828.001- 57,299.02_ --____14_26%I ---~ -~----- _ ---- ___. 235,288.12 ____ 18.48%~ 9.00 _ __ __ D9 130,491.21 879,8 ...--~--------- ---....--- ~ ._.. ~--749374.78 14.83% 208 EVERGREIEN BUILDING & POO _ 12'x; 2~ 6,2p~_.8B _ _ 14 0.7_1.49 _-118417.00 105,345.51 11.78%I 1207 EVENTS CENTER 28,fi53.85 18,170 8800 2.47 208,930.00 __174,167.53 _ _ 18.84% -.. -~-... BB 34,78 ~ ~- ~------ 3.97 _ 14,250.00___12838 250 ,_ 8.94 _ 155 548.00 150 357 __ _ ------- -- --~-- i ---L--- -- - 55 -._._ 1 3.13_ 138,442.00 122,568.87 ~11 9%I 3D1 CEMETERY ~~ ~ 13308.68 8,824.04 1577 ~.320LIBRARY ~---_-__^--• ---5380.13 --1;602.57 - 5,18,_. =-162,44100- _.182;4411W~-__-10.48% DEBT SERVICE ~ I AIRPORT _ 10,942.38 7115.32 11,270.38 107494.00 98223 i ~ 350 _UNALLTOTALED G~ AL EXP ~ 145,282.77 84788007 9 ~_ 11288,190.17 9 7.496484.00 8 457293 831 ,_-~~-,_ 13.22°/a . ~ ~ J_ -1 1J___.1~ •~ • ~~~~ .._..__.,...__._._._...._.-i._r-~,--r .. _._. ..-__.T_ -.. ... _ ..... .........- 20057 reLmina ~ ICITY OF HUTCHINSON FINANCIAL REPORT - -- ~----...-2 - - ----- ---.......---- ~-- --... ......---.._..------- ipebrua _ ~ 2004 2005 _ 2006 __ 2005 . ~ ..... .........._. _1_. ......... _._..__-.__..._ ___.____. _- { ~.REVENUEREPORT-GENERAL ACTUAL5Fe6rusry YEARTOI ADOP7Ep BALANCEPERCENTAdEi r-------- -------. _. ._.-..------ .. ..._ .__..._... _~..-------...I -- - -- --__ ._...-_.. .__. _._ . - -_ - _ MgNTHbATE ACTUAL -_BUDdk"T`_ REMAINING -- USEp i _ __~ -Year toDete~.. .. __~ .............---......--- LL TAXES ~ D 00' 0.00 0.00 1 . • ~LICENSE55~~-.r-_. _ ~.. 10,072_00~_31,99tB21_ 32,748.82__44,900.OpI3 812 190 08_84%I~ 260,114.82 11.07%; --- ---- ------~_ ......---~ .---- . .. .. - ~ -~-~ --- - _...--t .... .. .....-- ' NTLRIGOVERNME TAL REVENUE 20,07D9.72 ~ ____ 9 9811,101! 14,572,24~_2,368,538.OD 2 354 983.78 __ __ 0.61%~~ _ __ --------- _ .--. -- ___ _ 1,462,195.00 ~ 1,-361,907.42 _ 8.12%~ CHARGES IFOR SERVICES 1 (2,455.71 I 49,882.44' 120,287.58 ~ _ _ FINES & FORFEITS 3,447.08 ~ 3,993.77 4,018.77 y 88,000.00_. _ 83 9.81.23 1_ 5.9 SALES 229.391 0.00 0.00 _ ..-- ------------~~ - -----~---... _ ..- -----~_ 000 I ----~--0`00-i- ~ ~----0.00% INTEREST ..__....-___268.23- ----10,335_B~ __20,320.971--~~-~ c '!REIMBURSEMENTS .-_._ . _.._ .-. a 20, ~-- Y840830D __263,742.03 ~ ..............7,185%I ~ fr ITRANSFERS_-- - ... ..........____I-.__-_..-4,823.45 _ 776.75 _-.__ 4,028.75 548,000:OD _1,541,973_25 I 0.28%i 817.25_-_125.10 775.95 -- -~ DO ----775.95) - 0.00%, 'SURCH~ 5-BLDG PERMITS,.... ~, __-. - _- - -- - -- _---.---- ~--- -- _. _ _ ~ _. ~-'~ --- s -_--- --- ~TOTAL - ~ 185,023.52 88,523.38 228,389.40 r9 745 484.00 8,576,084.60 2.35% _..... _ _ _._ ---- ry __ Fedrua006---~ ... _.ENERAL -.._ ~... _---Feb uary ._...~ .Feb uary~ -- -1. ....-..-._...--:--~ - ._.~_...------ EXPENBE REPORT - G --_ ___ ~ YEAR TO, ADOPTED _ _ BALANCE ERCENTAGE SUMMARIZED _ ____ YTD _ MONTH ATE ACTUAL eUDGETi REMAININ General GovF _ ~_ -- - - - I- -207,274.76 142,144.73. __258,48 1,779,184.00 ~ 1,522,675_02 a- ---14.42% ~Publicsafety __-.-.-.~ ~.__~~ ~ ~-_ .-~~}. ~---.418,375.90.-._- Y27,25~ 450,018.28_.-3,258,852.002,808,835.74' 13.81%~ r------ ~ MiaCellaneous~~~~ ~ ~ ___ _ 54,882, 110,139.901 208,032.87 _1, i_.-.--_.-5.62%I -~~~-~ _. .._-_--.--I-_--_-. 074.84.. ~ 3753. 5-_-~~~356282.53~ 1,038485.~~ 1978~~192.47' ~--- 14.12% IParrka & Reoreatlon_--_ TOTAL - . 1,145,282.77_ ~ ~ ~~847,800:89. 1,288,180.17 I~~9,745484.00-~--8,457,293.83 ~ ~ 13.22%1 ...._ .... ._...... .._... ---.... ... ... ._...... . _ _ .. 1 ~ .... __ ;... ---~...- ---- -~-----1 ,_..------ . ....... .. ...-.._...._...._... ..---- ~--- .._ .. .. ._..~-....._..... ._..... -1 ... _._ ... .. .. .__ .... _._... .. i _ __ __ .. - .. .. i i _ _ ~ - --- --1 -- - __ _- - - _ _ ___.__..._....---..-1---------:~ ~~0.~ 18-Mar-05 Instltutlon escri lion nterest Rate CITY OF HUTCHINSON CERTIFICATES DF DEPOSIT February 28, 2005 Date Date Of Of Purchase Maturi mount US BANK Money Market 1.43% 11!3/2004 11/19/2008 375,000.DO Smith Barney FHLMC med 4.D0°k 7/30/2004 7/27!2012 298,500.Op step up Smith Barney FHLB C 4.D5% 1/7/2004 7!30/2009 3D0,000.00 Smith Barney FHLB C 4.375% 8/18I20D1 4/11/2005 750,DOD.00 Smith Barney FHLS C 4.180% 9/25/2D01 4/19/2005 270,000.00 Prudential pool 336914 7.226°~ 12 31 96 02 01 2026 6,118.87 Expected life 6.2 years Smith F3arney FHLM -C 4.650% 11/21/2001 5/21/20D7 300,375.00 Prudentail pool 336399 7.270°k 12 31 96 D2 01 2026 4,438.98 Expected life 4.1 years Prudential FHLB 5.D0% 5/22/2003 5/22/2D13 300,DOO.OD Prudential FHLB 4.00°h 6/12/2003 6/12/2013 300,000.00 • Prudential FHLB 1.190% 6/26/2003 06/28/13 4DO,OOD.00 Wachovia FWLB 3.OOD% 7/16/2D03 7/16/2013 20D,000.00 Wachovia Money Market 3.D00°h 2/8/2005 2/912DD7 625,000.00 step up Wachovia FHMA 3.0D0% 8/24/2004 2/25/2008 100,000.00 step up Home State Bank 3.000°,6 8/13!2004 8/13/2005 200,DDO.DO First Minnesota 2.670% 11/16/04 12!15105 400,000.00 First Minnesota 2.380% 08/17/04 08/18/05 750,OD0.00 Wells Fargo 2.21 D% 07/18!04 07/21/05 750,000.00 Wells Fargo 2.390% 09/16/04 09/16/05 750,000,00 First Minnesota 2.580% 11/15/04 11117/05 75D,DOO.OD ____ $7,829,432.85 ,~ 7 ~~~~ • • ~„f2095 }:30 PM Final i~fTCHINSON AREA HEALTH CARE (.efflparatlV@ Balance 6haet As aF Febnury 28, 2005 ~. Current Assets 1 Cash and VrveshnenM-Opera0ons 2 Cash and lnvesOmerds - Se1f•Insured 3 Sut~l cash d knresaranls 4 PatleMlReslden! rewfrablee 5 A7Wxvncea Tor had debts 6 Advances and carNatlerel e9vnancea 7 Net peBenYrasiderdanri third~ady 8 pa]orrecelratlles ' 9 10 OB+erreceivahEes-net 11 lrnmlaks 72 ArepaN e~ensea , FEBRUARY 1ANUARY FEBRI3ARY~~.'Change 2005 2005 2004 C1'vs PY 57,098,387 ;8,344,455 510,875.821 (3,579,434] 2.056,025 3,923,058 1,527,434 527,991 59,15F,412 18,28'7,539 Si2,203Z55 {3,963,843} 24,380,525 24,281,354 17,812,258 8,518,267 (5,418,825) 55,105,6375 [4,321,610] [1,097,035] _ [6,7964,9}03 56,670,008} 55,838,8755 [3,026,035} x,876,990 ;10,485,717 57,455,773 2425,217 292,734 340,023 248,567 44,187 1,013,187 950R1B 723,312 259,675 972,907 437,824 263,550 109,357 13 • 7¢181 Current ASSels 120.707,230 120.161,087 120A90,457 1163,2273 fi Board OedonatedlFunded DeoredaBBon h rntatrnerr7a 55 433 066 13 422 262 18275 501 842 4351 52 . , , . , , , , 15 lnvesarerB In Joint VenMes 11.071,125 15,035,543 (825,418 .445,709 Plard Assess 18 Land 1T BiiEfngs ' 18 Amanlated dapredatlon 19 33Wldtgs less deprecla8on 20 E9eipment 21 Aoomslekd dapreda8on 22 Equlpmed lees deprecFatlm 23 Caslrtnretrtlctlort3eglapment 24 CanshucBan In prtrgresa 25 Trial P1antA,ssate Other ASSels 28 De~rred firanelnp mats 27 ~ Total Fulls f~ r~ FlHST14M7 51,019,768 ;1,019,788 11,019,786 0 W1 IB} [A}~[B] FEBRUARY JANUARY~ :FEBRUARY Change 2005 2005 - ~ 2004 CY vs PY L9A67LJT1E5 AND WlJO BALANC ES C t Ll hd 6 urren a i es Curren[ malue5es al . Long term dept 51,249,543 1462, 144.. 51,242,968 8,575 Aowurits payable -trade 2701,474 2,498,592 ~ 1,627,644 7,073,830 Estlmaled con4adual setVemenlsnef 1,243,006 1,223,006 ~ 1,073,635 169,371 ACCnred e~grorasas- ~ ~ .. SalarBes 788,309 784,586 ~ 805,303 {36,944] PTO ~ 1,574,517 1,61 6,908 1,426,183 246,334 Rrteresl 176,606 88,163 ~ ~ 184,020 (7,412] SelFlnsured programs 443,588 413,588 345,597 98,991 Other 394,848 174,799 ~• 755,245 39,603 Oe3erred Iphl98es 32,839 24,505 ~ 103,908 [71,064] Oelarred reverwe 3,461 3,460 ~ 9 3,481 Total Currerrt Lladll0ea 34,407,696 34,408,351 27,162,976 7,304,708 113,963.906} (13,832,839] 512,589,683] 51,374,923] _LOnd-lsrm Oetl (less wnenl 520,443,786 120,573,712 514,513,085 5,930,685 maWdtles] 16,858,287 18,831,833 16,111,782 2,748,485 {13,308,192] (13,211,375} [12245.208} [1,062,984} ;5.580,075 ;5,800,538 13,856,574 1,663,501 a B e o 4.957.682 3,872,099 7,250,204 53,192,322} 531,075,525 531,066,717 ;28,649,661 4;421,864. Fund balarce 588,037 567,D76 999.234' Iii, 197) 556,368.983 ;57.772.087 i56,540.269~ 1,828.714 Total Fulls 56,508,193 17.289,749 ~.;6967.503 1,SW,890 120,22fi,539 521,019,590 523,472,438 11,245,897) ;29.fi34,251 129462,748 128,500.330 1,533,921 158,388,983 ;57,772,087 556.540.269 1,626,114 n u HSITCHINSON AREA HEALTH CARE Slalement of Revenues end Expenses Month and Period Ended Febnmry 28, 2A75 U 1 Revenue In pe8errt revmua 2 OW paden[rsvenue 3 Redden! Revenue 4 Total Patlentlradde7l[ revenue rr~~ 5 GavernmePtaf 3 Poky oleoounl 8 Free Care 7 Trial deduc8on Ram ravemae 8 Nei pal~nVreafdprt revenue 9 OBrer opeiNkp revenues f0 Net operalip reversle 11 E rl a Salarlas 12 Errgk}ee BeneBta 13 Profeasfonel and Alediraf Fees 14 F191PIies, I,nnce OonhaUS?t Repats 45 food, Caups b Supplies i8 O9lerexperee 16 Bad debt 19 Irileresl 20 OepreeFetbn 21 Tdel agrenses F3ooess aF net apara8n9 revarua 22 over sunder} operatlrg expenses 23 Inves4nenl 6loorne 24 LMier rwrgpera6rg revenue (nel} 25 Plaza 15 lrrwme 1(Lossj 28 Trial rnnoperatlnp revenue 27 Nal lnpotne s Cf1RRENT MONTH Over [Under] B Ud9a[ RcWal Bnd9at Dollars Patten! 53,560,088 53,537,420 512,848 OA% 4,594,584 4,830,238' {235,674) ~,9% 557,801 834,316 578,7151 -}2.1% ;6,702,233 59,001,974 {5299,74iJ J.3% 4,410,106 4,528.738 {11 8,633} -2.6% P 6.260 ia.zsa} x44.4% 54.410,105 54,534,988 55124,8831 -2A% 54,292,128 54,468,986 (;174,858 3A% 72,221 64,296 7,927 12.3% 54,364,319 54,531,280 i51B8,9317 .A77i 6A19,154 51,836,953 ;02,20} 4.5% 301,581 449,044 {61,479] -13.7x 807,550 851,466 {43,504] 43.7% 724,061 190.743 29,327 15A% 615,523 819,193 {3,8701 -0.8%' 145,857 150,394 {4,847} -0.1% 90,950 59,509 5,441 10.2% 24,128 80,508 (84,380] -72.7% 57,972 88,771 (8,799) -53.2% 191,611 224,808 !30.1971 -13.4% (4,231,168 54,390,081 (599,7131 -23% ;133,181 ;280,399 {587,21 B1 -33.5% ;19,801 ;17,271 ;2530 34.8% ;22421 519,541 52,680 14.7% {;3,es91 51.410 {55,3091 378.5% ;38.323 ;38.222 ;101 0.3x 5174.53a 5238,821 f561,i17y -2B.1x Y[J1I2-TO-GATE Over fUndar}Budp et Actual 8udpet Dollars Percem 18,972,887 57,292,590 [f319,fi03j ~,4% 9,033,857 10,045,835 {1,OH,978] -10.1;5 _1,199,051 1,318,734 {117,683} -&9% 517,285,895 516,855.159 (51,449,264} d.B% 8,519,396 9,383,600 f864,20d) A.2% 0 12,500 112,5001 -100.0% 56,519,396 59,396,100 {5876,7041 -109.2% Sa,886,498 59,259.059 [5572,560} $.2% 148,031 141,482 4,629 3.3% 58,832,639 ;9,400,461 55567,931} -0.O% 53,998,F86 53,612,565 5185,841 4.9% 883,003 919.062 {33,439] -0.8%~ 1,135,224 1,310,Tt7 (175,493] -13.4% 428,230 378,683 47,567 12.8% 1,249,982 1,31 P,495 [60,573) •.6% 278A55 306,848 (30,393] A.9% 112,559 107,017 5,542 52% 106,04P 177,013 {70,973} <0.1% 115,83P 134,210 {18.380}~ -13.7% 369,940 431,268 fd1.32B} -9.8% 58.893,449 56,684,618 {SF91,3691 -22% 5139,081 5515,893 ~ {5378,5621 -73.0% ;40,878 534,542 56,334 48.3% 544.302 537.012 57,290 19.7% 53,751 54.687 !5916] -19.8% 586,929 578,221 512,708 16.7% f228.Ot8 5541,884 55383,854) fi1.5% f 1!2005 26 PM Final YEAR-T6DATE VARIANCE % February 2004 2086 va 2004 ;8,415,482 15.9% 7,509,663 251.3% 1,255,773 ~5% 64,180,918 16.4% 7,219,147 5,715 ;7,224,862 ;7,558,066 144,330 ;7.700,388 53,585.309 800.408 885.554 328,314 7,080,878 282,4/0 93,638 f 03,BIXi B2,d24 328.122 57,439,882 18.0% -100.0% 17.9% 15.0% 12% 14.7% 12.1% 50.3% 28.2% 30.6% 24.9% 5.3% 21.0% 2.4% 44sx 21.e% t6 8% 1260,504 531,205 533,828 515.782 580,593 f341,097 -08.6% 31.0% 31.7% -76.2% 10.3% 33.2% 28 Paeenldaya 982 1,431 (49~ -4.8% 1,980 2,041 {81} d.D% 1,815 21.4% 29 Rmidenl days 3,075 3,321 {248 -T.4% 6,866 8,891 [225} 3.3% 8,505 2.5% 30 Poraeril ocppanv/-budge] beds-HOapael 56.4% 59.3% -2B% -4.8% 56.4x 56,7% -2.3% d.0% 45.8% 19.3% 31 PercenloacvpancyfiudgN bads-NUrslrp Hama 882% 93.1% 43.8% -7.4% 90.3% 93.4% •3.0% -3.3x 88.6% 0.6% 32 FTE's - 473.4 491.0 -17.8 -3.6% 490.7 491.0 -0.3 -0.1% 432.8 13A% 33 Adniafons (adjusted}-HospiWEoray 584 856 p3] -11.096 1,211 1,352 {101) -7.7% 990 22.4% 34 ExParreas {Hall Per admfaslon {adjusledJ - HaspP51! oNy 8.157 5.608 550 9.8% $,068 5,739 326 5.7% 5,991 8.5% 0.t` Revenue par admlasim{~~1-HaapBetorsy 13,687 12.679 1,184 9.4% 13,132 13,140 (8) -0.1% 11,434 14.8% 38 Hal Rerns+e Per admfaslon Eadlusaed}•Haepael mty 8.488 •5,985 520 8.7% 8,275 8,182 84 ~ 7.4% 5,831 7.5% 37 Oferwda m a paroenl of revenur ~ - 50.]% 50.4% A3% 0.8% 495% 50A% -0.9% -1.7% 4&9% S.3% 36 FTEa per 106 adla{adjuNed}-HOapird any 4.8 4.8 02 4.0% 4.8 4.8 4.2 3.5% 5.8 ~ -4.8% 39 oars in H~lAmounts Recetvabte [modlding tanks] Fi5.2 80.0 s1 8.7% ~ 83.3 3.0% FlNSTMNT RESOLUTION ND. 12676 RESOLUTION GRANTING APPROVAL TO CHANGE STREET NAME FROM EAU CLAIRE STREET S.E. TO EAU CLAIRE AVENUE S.E. :,~i,~, WHEREAS, the City of Hutchinson is requesting a change of street name of Eau Claire Street S.E. affecting two undeveloped properties located in Summerset Second Addition; . WHEREAS, the street is recorded as 'Eau Claire Street S.E.; BE IT FURTIIER RI!,SOLVED, the street name shall be changed as follows: From -Eau Claire Street S.E. To -Eau Glaire Avenue S.E. Adopted by the City Council this 22"d day of March, 2005. ATTEST: Gary D. Plotz City Administrator a:vwNCOm"naesowrcessrase. 'Steve W. Cook _ Mayor ~C,~~~ RESOLUTION NO. 12'677 CITY OF HUTCHINSON . RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Briquette Larvicide's $19,693 Mosquito Control StormWater Yes Clarke Mosquito Control Ford 150 $17,21 I Replacement Water Yes Rochester Ford Toyota Shrink wrap, socks etc $16,064 Creekside Product Compost Yes River City Packaging Inc Packaging Bag Film $35,589 Bag Film Compost Yes Super Group Bag Film $41,636 Bag Film Compost Yes Primary Packaging following items were authorized due to an emergency need: ITEM I COST I PURPOSE I DEPT. I BUDGET I VENDOR Date Approved: March 22, 2005 Motion Made By: ~econded By: Resolution submitted for Council action Kenneth B. Memll by: Finance Directox S C:~~~. Ordinance Na. OS-040p ' • Publication No. SECTION 53.ID3 SERVICE CIIARGES; USR CATEGORIES ,#~ .~, (C) Category B sewer services charges (1) The charge far BOD in mg/I in the wastewater above 200 mg/l, based on the total pounds of BOD, shall be revised from $0.43 per pound to $0.32 per pound. (2) The charge noted shall be effective 7uly 1, 2005. Adopted by the City Council this ~' day of March, 2005. Attest: Gary D. Plotz, City Administrator Stevea W. Cook, Mayor CJ 5 c~~3 RESOLUTION Np 12fifi3 VARIANCE REQUESTED BY HERBERT AND ELIZABETH KRIENICC, 456 PROSPECT STREET N.E. TO REDUCE FRDNT YARD SETBACK FROM 25 k'.EET TO ]2 FEET FOR THE REPLACEMENT OF AN EXISTING NONCONFORMING FORGET BE TI' RESOLVED BY THE CTfY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Herbert and Elizabeth l~rienke, property owners, have applied for a variance to reduce front yard setback from the required 25 feet to 12 feet for the purposes of replacing an existing nonconforming porch. The applicant states the hardship as the house was constructed before the ordinance was in place and the new porch will be more energy efficient. Legal Description: The South 66 feet of,Lat l do Black I3 lu the Tawnsite of Hutchiuson, iYartN Half. 2, The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values ofproperties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harnnony with the general purpose and intent of the . Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the variance based on the hardship the house was constructed prior to the setback regulations ,but approves the variance with the following conditions: 1. Any relocation of natural gas or electric lines or meters will be at the property owner's expense. 2. The structure may not extend closer than the original porch into the required setback. (12') 3. Verify location of water shut ofI 4. Side yard drainage shall not be diverted to neighboring properties. 5, If any changes in dimensions of proposed structure change, further consideration by the Planning Commission and the City Council is required. (Date received 2/10/05) Adopted by the City Council this 22"d day of March , 2005. ATTEST: • Gary D. Platz City Administrator Steven W. Cook Mayor ~ CC~ c DATE: '1'O: FROM: March I5, 200i Hutchinson City Counei~y Hutchinson City Center MEN~RANDl1M I11 Hassan Street 5E Hnteh6lsan. \IN 55350.2522 3;0.5$7.5151/FPa 32U-2.U-42Jp Hutchinson Planning Commission SLII3,IECT: CONSIDERATiONOF VARIANCE REgUES"II~DIIY }IL•RBERTANDF,LILABETHKRIENTCE,456PRbSPF,CT STREET' N.F.,. TO RF,DUCE FRONT YARU SETBACK FRpM 25' Tp 12' FOR THE REPLACEMENT qF ANU EXISTING NONCONFbRM}NG PORCI{ Pursuant to Sretion 154.058, I lutchinson Municipal Code, the Hutchinson Planning Cotnntission is hereby submitting its kwndings of fact and recommendation with respect to the aforementioned request fora variance. HIS_ CORY The applicant has submined an application for a Variance to reduce front yard setback from the required 25' to 12' For the purposes of replacing an existing nonconforming porch. The applicant states the hardship as the house was constructed before the ordinance was in . place and the new porch will 6e more energy efficient. The property is north of a recently surveyed property and the applicant states they know where their south property line is from that survey. PIN ING FACT L The required application and fee was submitted. .l. Notices were mailed to the surrounding property owners as well as published in the. Hutchin Bader on March 3, 2005. 3. There were no neighboring property owners present at the public hearing objecting to the request. 4. The new structure will nor encroach further into the setback area, RFCOMIy~NDATION The Planning Comrrtission unanimously voted to recommend approval of the Variance with the hardship of energy deficiency of the existing nonconforming structure and the house was constructed before the present setback regulations with the following conditions: 1. Any relocation of natural gas or electric lines or meters will be at the property owner's expense. 2, The structure may not extend closer than the original porch into the required setback. (l2') 3. Verify location of water shut aft 4. Side yard drainage shall not be diverted to neighboring properties. 5. If any changes in dimensions of proposed structure change, fluther consideration by the Planning Cotnntission and the City Council is required. (Date received 2/10105) Respec ,~submi~tted .- ori'l;ra~'r, Vice ha~•~~t~ Hutchinson Planning Commission cC: Herbert and Elizabeth Krirnke, 456 Prospect St. N.E. Dave Sebesta, Idol Lumber, p,0. Bax 765, LitchField h4N 55355 Pnm~d nn rec.rled paper . ~ rr\ DIRECTOR'S REPORT To: I-Iutchinson Planning Commission • (Persons in attendance at Plauning Staff ~lectind (in bold) From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Crystal Foust, .lean Ward, Johu Rodeberg, P.E., Kent EXner, John Webster, Michael Kumm, John Dlsvn, Lenny Rutledge, Kyle Dimler, Mark Schnohrich, Marc 5ebora, Vary k'lotz, Ken Merrtll, Jim Popp, Dan I-fatten, Dick Nagy, Jnlie Wischnack, AICP, and Bonnie Baumetz Date: Fehruary 28 , 2005 -Meeting Date: March I5, 2005 Applicant: Herbert and Elizabeth Krienke, property owners VARIANCE Brief Description: The applicant has submitted an application for a Variance to reduce front yard sttback from the required 25' to 12' for the purposes of replacing an existing nonconforming porch. The applicant states the hardship as the house was constructed before the ordinance was in place and the new porch will be more energy efficient. The property is north of a recently surveyed property and the applicant states they have located the south property line from [hat survey. . GENERAL INFDRMATIDN Existing Zoning: R2 (Medium Density Residential) Property Location: 456 Prospect Street N.E. Lot Size: 66' X 141' Existing Land Use: Single family residential Adjacent Land Use And Zoning: R2 on the East, West and North sides R3 (Medium-High Density) to the South Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning Flistvey: N/A Applicable Regulations: Section 154.058, Hutchinson Municipal Code SPECIAL 1NFDRMATION • Transportation: Prospect St. N-E. Parking: N/A 5 C~~ Variance Hebert Krienke-456 Prospect St. NF Planning Commission- March 15, ?005 Page 2 • Analysis and Recommendation: This is an existing non-conforming structure, which will nut 6e encroaching further into the setback area. The new structure wil I take the place of the existing energy deficient snructure. Because the q~ foundation of the structure is not changing, the stntcture will not alter the .j ~ ~,+# essential nhara~-t4r of the area. The current structure cnnfonnc with the existing stntctures within the neighborhood (see pictures) and the setback set forth when the stntc[urr was previously built. Slaffwould mcommend approval of the request with the Following recommendations: 1. Arty relocation of natural gas or electric lines or meters will he at the property owner's expense. 2. 1"he structure may not extend closer than the original porch into the required setback. (12') 3. Verify location of water shut off. 4. Side yard drainage shall no[ be diverted to neighboring properties. S. If any changes in dimensions of proposed structure change, further consideration by the Planning Commission and the Cily Council is required. (Date received 2/Iq/OS) • Cc: Herbert and Elizabeth Krienke, 456 Prospect St N.E. Dave Sebesta, Ideal Lumher, P.O. Box 762, Litchfield MN 55355 5<<~I Feb l4 OS 10: 20a 7 • 1 E - P.0.90%762, 1.n[HFIELO, MN 55353 ~ Ph, (72U) R47-721 ( FAX (720) 697-7215 p.l ~~~ u~,.d.E~,xAa~~krl<N« ~ _ r.{- as" df 56 -~rt~ S Po-ei' sr N E ~~~' ~ „lam r ~ D~.. ~ ,~, . J J-° `Y1 o~~~ 5~,,_ ~yy rJ~n.~. ~F~' C~ REc~N~b F'Fa 1 ~ ZOpS ~ proof pur~ Mann 6B ~a ~~,s,7rNC Po..~ ~,~.b4.,l~ 1~ S*~•. ~...:rur~C-~2oo~ F y,, ~.. Wwr ~ £.i. ~4 L'"CG ~ 4,~. Hr ~~~ l //LG-o to - r r Jrii S4~ ~k+1 C. Y Z Y 2 Q a L:/ G" FRONT ELEVATION ~QQ' PROPOSED ELEVATIONS REMODF~ 1 o�i r'�.t°'' i ' +:€•Y AM ARM Y, III. MIZE im Y-III im JJJ 4 - : rt- . ■ nr, t4 - - . . . . . . . . . . . JJJ 4 - : rt- . ■ • RESOLUTION NO 12664 VARIANCE REQUESTED BY CONSIDERATION OF VARIANCE REQUESTED BX KENNETII BALLARD, 312 STONEY POINT RD., TO REDUCE REAR YARD SETBACK FROM 30' T0,28' FOR THE CONSTRUCTION OF A 16' X 20' FAMILY ~) ~ ~f ROOM ADDITION BE IT RESOLVEp BY THE CITY COUNCIL OF THE CITY OF HUTCI~INSON, MN: FINDINGS 1. Kenneth Ballard, property owner, 312 Stoney Point Rd. S.W., has applied for a variance to reduce rear yard setback froth 30. feet to 28 feet for the construction of a 16' X 20' family room addition. Lego! Description: Lnt .Eleven II) in Black Five (S) in Ston Paint Addition aecardlug to the map or plat thereof on file and ofrecord in the of ace oftheRegisterofAeeds, in and farsaid County and State. Subject to easements as shown on the plat of record 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anhc?.pated traffic conditions, and the effect on val:.es of properties in the surrounding area and ~ he effect of . the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the variance based on the hardship of the unique shape of the lot ,but approves the variance with the following conditions: 1. Relocation of natural gas or electric lines or meters will be at the ptoperty owner's expense. 2. Verify the existing drainage and provide that the covered structure will not hinder the existing drainage system. (Additional fill to raise the elevation of the site is not allowed,) 3. If any changes in the dimensions of proposed structure change, further consideration by the Planning Commission and the City Council is required. (pate received 11/9/04 Adopted by the City Council this 22"d day of March , 2005. ATTEST: • Gary D. Plotz City Administrator Steven W. Cook Mayor SC~~~ Hutchinson City Center • BATE: Tp: FRO11'1: SiIBJLCT: Hutchinson City Council M M O R A N D M 111 Masan Sereee $~ Hutchinson, MN 55350.757,7 370-587S15t/Fax 3Z0.13q-47gp Hutchinson Planning Connnissioa CUNS1llL+RATION pF VARIANCE REQUESTED ]3Y KENNETH 13AI_LARD, 312 STpNEY PAINT RA. TO REDUCE REAR YARD SETBACK FROM 30' TO 28' FOR THE CONSTRUCTION OF A 16' X20' FAMILY ROAM ADAITIQN Pursuant to Section 154.058, Hutchinson Municipal Code, the Hutchinson Plannung Commission is hereby submitting its findings of fact and recottunendation with respect to the aforementioned request fora variance. HISTOR]! The applicant has submitted an application for a Variance to reduce rear yard setback 2' from 30' to 28' for the construction of a family room addition. The reduction will be far the northwesterly comer of the addition only. 7'he applicant states the hardship as the odd shaped lot causing only the comer of the addition to extend into the setback area. ~E~INOS OF,FA,t~ 1 • The required application and fee was submitted. 2. Notices were mailed to the surrounding property owners as well as published in the Hutc ' ader on March 3, 2005. 3. There were na neighboring property owners present at the public hearing objecting ro the request 4. The rear yard elevation looks quite flat. There is a privately ittstalled 4"plastic drainage tile, which convects into a catch basin in the westerly comer of the lot serving the property, There seems to have been ne drainage problem near the house in the past However, the water does stand and seems to flow down the property line to the drain tile. $E_CO11;[MENDATION The Planning Commission unaltimausly voted ro recommend approval of the Variance with the hardship being the unique shape of the let with the following recommendations; 1. Relocation of natural gas or electric lines or meters will be at the property owner's expense. 2. Verify the existing drainage and provide that the covered structure will not hinder the existing drainage system (Additional fill to raise the elevation of the site is not allowed.) 3. If any changes in the dimensions of proposed swcture change, further consideration by the Planning Cotntnissivn and the City Council is regnited. (bate received 11/9/04 Re y su •' d, raisr, c7rT a C~aimtan Hutchinson Platming Cottanissiop cC% Ke~meth Ballard, 317 Stoney Point Rd. CJ PMaud on aaryeYd papa 5(c~~ March 15, 2005 DIRECTOR'S REPORT To: Hutchinson Planning Commission • (Persons iu attendance at Planning Staff Meeting (in bold) From: Brad Emans, Dolf Moon, Dave Hunstad, Miles 5eppelt, Crystal Foust, Jean Ward, John Rodeberg, P.E., Kent Exner, John Webster, Michael ~Axtm, John Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, )' Sebora, Gaty Plvtc., 1{ett Metttll, Jlm Popp, Dan Hatters, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz bate: February 28 , 2005 -Meeting Date: March 15, 2005 Applicant: Kenneth Ballard, property owner VARIANCE Brief Descriptioq: The applicant has submitted an application for a Variance to reduce rear yard setback 2'; from the required 30' to 28' for the construction of a family room addition. The reduction will be for the comer of the addition only. The applicant states the hardship as the odd shaped lot causing only the comer of the addition to extend into the setback area. GENERAL INFORMATION Existing Zoning: Rl (Single Family Residential) Property Location: 312 Stoney Point Rd. S.W. Lot Size: Approximately 110' X 94' Existing Land Use: Single family residential Adjacent Land Use And Zoning: Rl Single Family Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: N/A Applicable Regulations: Section 154.058, Hutchinson Municipal Code SPECW,L INFORMATION Transportation: Stoney Point ltd. S.W. • Parking: N/A 5 (C`~- Variaace Kenneth Ballard - 312 Stoney Point Rd_ S.w. Planning Commission-March 15, 2p05 Page 2 • Analysis and Recommendation: Staff discussed the drainage in the rear yard. The elevation looks quite flat. There is a privately installed 4"plastic drainage tile, which connects into a catch basin in the westerly comer of the lot serving the property. There seems to have been no drainage problem near the house in the past. However, the water does stand and seems to flow dawn the property line to the drain tile. The west corner of the new proposed structure will be 28 feet from the lot line; 2 feet less than the required lot setback of 30 feet. Since the existing structure is of similar dimensions of the proposed structure, the consensus of staff is to recommend approval noting the hardship of the unique shape of the lot with the following recommendations: 1. Relocation of natural gas or electric lines or meters will be at the property owner's expense. 2. Verify the existing drainage and provide that the covered stroctwe will not hinder the existing drainage system. (Additional fill to raise the elevation of the site is not allowed.) 3. If any changes in the dimensions of proposed structure change, further consideration by the Planning Commission and the City Council is required. (Date received 1 d/9/04) r~ Cc: Kenneth Ballard, 312 Stoney Point Rd. S.W. r1 U 5 (cJ~ 0 30.3 r~ S~, '`\ 49. S2 carp 0~~~ 48.86 9uf lsr S O.Sx carcn easrn A = 50.2 ~ S.M. 49.[9 c. IOr. 43.Y 48.699 ~/+~ 'lig 3~• / 30.6x Q /~ 0. 6/ ~i s ~~. rO '' ` ~.s °o ~' 'q4 ~ ~ 49.39 c 4AI4.9 r fig 3p ~0~ p/ Rlp P ^ 30.9 30.6 x a~20 49.St t. carcn Basin i~ ~rd~~ ~ ~ ~rg0 O SO,`rS4 49.ss 9 \ t o9 SR 2 a 'S) ~ ~ S~ ~ is Inr. 449 A~ ~ s~ ~~ SS /: !!!°°°\ y f~$~ OAO 3y Suf. a t ~ e~ ey 'SrO t''/SI.~/'od'' 50.2\ G /J S'~+ ..l~~8 x si. s '~ r 50.3 \ / b`•~ +~~ Sao `sc . ~ti s i.I . 01 0 . ,~9 `1. ~ =so:9 / ~ 3 \ / ~~ ti f BEiJCH MARKS Top of hydrant of \ / Stoney Poini Road and Sehool Road . so.9 ~`"_ Elevation 1053.29 ~~ \ ~ ~ ~ BEMCF! MARK= Curb at catch basin in front. of Lat I!. . +• ~ \ • Elevation 1049.f9 , f ,' • • ~, RJR ~rar~or~ .~ . n v C~ L~ n L .~.,~.~ Page 1 of 1 Bonnie Baumeiz • From: Bonnie [iaumefz Sent: Thursday, March.03, 200511:42 AM To: John Olson Cc: Julie Wischnack Subject: RE: 312 Stoney Pt Rd SW Thanks. The property owner did indicate he is satisfied with the drainage. From: john Olson Sent: Thursday, March 03, 2005 11:22 AM To: Bonnie t3aumetz Subject: 312 Stoney Pt Rd SW The City did not, tq my knowledge and based upon inspection, install the drain file that was referenced by the property owner. The depth and type of wnstruction indicate the work was done privately. There is a 4" plastic tile, buried between 1 and two feet serving the property. If the prgperty owner is comfortable with that level of protection, and with general drainage patterns in the area, 1 am wmfortable with the building. r~ ~J r~ u 3/3/2005 ~ ~~~ Deck Picture .'~-^. ~; •- °~~:::. i. -:-~= ~~;.,__ Picture RESOLUTION NO. 12665 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DI~VELOPMENT DiSTIt1CT SUSMITTIrA BY CROW RIVER HABITAT I,OR HUMAPIITY LOCATED AT 560 AND 570 HILLTOP AItIVE N.E. • CJ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Crow River Habitat for Humanity, property owner; has applied for a conditional use permit to amend the Planned Development District and allow for a reduction in lot width and lot area for conshuction of twin homes ou Lot 7 and Lot 8, Santehnan's Thvd Addition. LEGAL DESCRIPTION: Lot 7 and Lot 8, Block 1, 5antelman's Third Addition 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and antictpated traffic conditions, and the effect on values of properties in the surrounding azea and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby approves the conditional use permit with the following conditions: 1. Each oral must have separate water and sewer service. 2. Parkland dedication is $135.00 per unit and SAC/WAC is $2,490 per unit tv be collected at the time of building pernut. 3. Garages must be 400 square feet or larger. 4. An additional utility easement must be dedicated to the City along the eastern portion of lot 7 and the western portion along lot 8. 5. Specific consideration for proper drainage between the units is essential. The property owner' will be required to complete.appropriate drainage for the site prior to final landscaping and sodding Adopted by the City Council this 22"" day of March, 2005. ATTEST: Gary D, Plotz City Administrator Steven W. Cook Mayor ~5 ~~J3 RESOLUTION N0. 12bb6 RESOLUTION APPROVING A LOT SPLIT LOCATED AT 560 IIILLTOP DRIVE . N.E. SUBMIT7'EI) BY CROW RIVER I-TABTTAT FOR HUMANITX BE TT RESOLVED BY THE CITX COUNCIL OF THE CITY OP' HUTCHINSON, MN: FINDINGS 1. Crow River Habitat for Humanity, property owner, has submitted a request for a lot split located at 560 Hilltop Thiver N.E. to allow for construction of a twin home Legal I)cscription: EAST PARCEL: The East 33.00 feet of Lot 7, Block 1, Santelman's Third Addition, according to the recorded plat thereof. WEST PARCEL: Lot 7, Block 1, Santelman's'l7tird Addition, according to the recorded plat thereof, except the East 33.D0 Feet of said Lot 7. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and annetpated traffic conditions, and the effect on values ofproperties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. • CONCLUSION The City Council hereby approves the lot split with the following conditions: 1. Each unit must have separate water and sewer service. 2. Parkland dedication is $135.00 per unit and SAC/WAC is $2,490 per unit to be collected at the time of building pernrit. 3. Garages must be 400 square Feet or larger. 4. An additional utility easement must be dedicated to the City along the eastern portion of lot 7 and the western portion along lot 8. 5. Specific consideration for proper drainage between the units is essential. The property owner will be required to complete appropriate drainage for the site prior to final landscaping and sodding Adopted by the City Council this 22°d day of March, 2D05 ATTEST: Gary D. Plotz Gity Administrator Steven W. Cook Mayor 5C~~3 c BATE: TO: March 15, 2005 Hutchinson City Council Hutchinson Cit Center MEMORANDUM 117 Hayyao Street 8E Hutehireon, P1I't 5531p-a5y2 320.St;7.3151/Fax 32p-23d-gTgp FROM: Hutchinson Panning Commission SUBJECT: CONSIDERATION OF CONpITIONAL USE PERMIT AND LOT SPLIT REQUESTED BX CROW RIVER HABITAT FOR IIC7MANf1'Y TO AMEND THE PLANNED DEVELOPMENT DISTRICT FOR REDUCTION DF LOT WIDTH AND LOT AREA AT 560 AND 570 HILLTOP DRIVE N,E. AND LOT SPLIT AT 560 HILLTOP DRIVE N.E. FOR CONSTUCTION OF TWIN HOME. Pursuant to Sections 154, 070 of the Hutchinson Municipal Cade, the Hutchinson Planning Commission is hereby subrnittiug its Endings of fact and recommendation with respect to the aforennentioned request for a conditional use permit and ]ot split. H OR The applicant Las submitted applications for a Conditional Use Permit and Lot Split located on Hilltop prive N.E. The Conditional Uae Permit is requested to amend the Planned Development District and allow for a reduction in lot width and lot area for construction of twin homes on Lots 7 and 8, Santelman's Third Addition. They are also requesting a lot split on Lot 7 m allow for construction of a twin home, This is similar to the request granted to lay Pettit on Hilltop Drive in Tune, 2004. The required lot width far twin homes is 80 feet and these lots are 66 feet. TLe structure will rt~et the setback requirements. S • The required application and fees were submitted. 2. Notices were mailed to the surrounding property owners as well as published in the utc ' der on March 3, 2005. 3. There were no neighboring property owners present at the public healing objecting to the request. RECOMMENbA'nt7x The Planning Commission unanimously voted to recommend approval of the conditional use permit end lot split with the following conditions: 1. Each unit must have separate water and sewer service. 2. Parkland dedication is S 135.00 per ttttit and SAC/WAC is $2,490 per unit to be collected at the time of building permit 3. Garages nnrst be 400 square feet ar larger. 4. An additional utllity easement must be dedicated m the City along the eastern portion of lot 7 and the western portion along lot 8. S. Specific consideration for proper drainage between the [[nits is essential, Tbe property owner will be required m complete appropriate drainage for the site prior to Enal laudacepiag and sodding Respec su er is Hutchinson Planning Cott>miasion ~: C~r+w'ti ~u f~n$~t for Humanity, 305 Main Sneer South, Suite 107 PAnoed ae ,cc~ted p.ppr. 5L~-~3 DIRECTORS REPORT -PLANNING DEPARTMENT To: Hutchinson Flapping Commission (Persons in attendance at Planning Staff Meeting (iq bold) Prom: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Crystal Foust, Jean•Ward, Jobn Rodeberg, P.E., Kent )Exner, John Webster, Michael Kumm, Joha Olson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, Marc fiehnra, nary Plotz, Ken Merrill, Jim Popp, Dan Ilatteu, Diek Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: February 28, 2005 - Meeting Date: March 15, 2005 Applicant: Crow River Habitat for Humanity, property owner LOT SPLIT and CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT AISTRICT Brief Descriptioq The applicant has submitted applications for a Conditional Use Permit and Lot Split located on Hilltop Drive N.E. The Conditional Use Permit is requested to amend the Planned Development l]istrict and allow for a reduction in lot width and lot area for construction of twin homes On Lots 7 and 8, Santelman's Third Addition. They are also requesting a lot split on Lot 7 to allow For . construction of a twin home. This is similar to the request granted to lay Pettit on Hilltop Drive in Tune, 2004. The required lot width for twin homes is 80 feet and these lots are 66 feet. The structure will meet the setback requirements (as provided for in the original PDD). GENERAL INFORMATION Existing Zoning: R3PDD (Medium-High Density Residential-Planned Development) Properly Location: 560 and 570 Hilltop Dr. N.$.. Lot Size: .24 acres Existing Land Use: Vacant AdJacent Land Use And Zoning: R3PD (Medium-High Density Residential -Planned Development) I-i (Light Industrial) Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: Santleman's 3rd Addition was approved in 1993 for a mixed residential use. The.lots in the application for Conditional Use Permit were platted for twinhome construction. . Applicable Regulations: Section 154.070, Hutchinson Municipal Code ,5~~-~~ Conditional Use Permit Craw River Habitat for Humaity - 560 and 570 T)(illtop I)r. N.E. Planning Commission- March 15, 2D05 Page 2 SPECIAL INFORMATION. Transportation: Hilltop Dr. N.E. Parking: N/A Analysis and Recommendation: The garages as shown on the survey are 405 square feet, which meet the code requirements. The lots are 60.70' wide and 67.22' wide in tho front and 66' wide in the rear, which does not meet the 80 foot width requirement For a twin home buildings (within a typical application of R3 Zoning requirements). The R3 lot area for the parcels is 5,000 square feet per unit or 10,000 square feet. Lot 7 is approximately 9,500 sq. ft. and i,ot 8 approximately 8770 square feet, respectively. The property is presently a planned development district which means variations are allowed with an amendment to the PDD. Staff would recommend approval of the request with the following recommendations: r~ L • 1. Fach unit must have separate water and sewer service. 2. Parkland dedication is $135.00 per unit and SAC/WAC is $2,490 per unit to be collected at the time of buildmg permit. 3. Garages must be 400 square feet or larger. 4. An additional utility easement must be dedicated to the City along the eastern portion of lot 7 and the western portion along lot 8. 5. Specific consideration for proper drainage between the units is essential. The property owner will be required to complete appropriate drainage for the site prior to final landscaping and sodding. Cc: Chow River Habitat for Humanity, 305 Main Street South, Suite 107 `~~ • •I L~ • , ..+:r~rv t t_klvlraly J 1 virtu AUUI I IUN ~ T07AL LOT AREA • 10108 Square Fear, ~-~il~~c7P. House Area Ilse Squaro Feet PROPOSED DESCRIPTIONS (each parceU ' fast Parcel Area EAST PARCEL . 4s93 Square Faet The EoeT 33.00 ieet of LoU 7, Block I, SANTELMAN'S THIRD 28x Coverage ADDITION, occordinq to the recorded plat thereof. Weal Parcel Area 5186 Square Faat 25x Coverage . WEST PARCEL Lot 7, Block I, SANTELMAN'S THIRD ADDITION, according ro the recorded plat thereof, except the EasT 33.00 feet of said Lot 7. H-~~TOP N D 15 30 gp scale In - feet • Denotes Iron monument found O Denotes Iron monument set x Danotea existing elevation, t ) Denotes proposed elevarlon ,;, ~3. oL•33.55 f ~~ i to -~Oarage Y b al ~ a ~ PROPOSED ~ HOUSE t e> ' a ~. t~i I ee .~ - - ~-,= I ~R~~~ •~TO l _~-~ n N __~ ~ --~ Garage 9 S PROPOSED HOUSE E0a1 68.00 -~ ~ h...hv ~..~i}u ~ti~• •h it F„r vwv, pion ar ReDart Wa$ D d m ~~ l r soare hY Itle ar and M ~ \ ~ ~, ~ A=3s-17•zo-{• O Darn 30.60-': • 7.02~~"T 4= 8"03' 10- i 30 30 7 1O o ~n 5a9°2r00•E - --- Ig3.50-____ 6. _ - ~Z50- _~ W M o ;K 2 ~ ~ ~ I NQ 7• 5 6 'Q Z I p T'a I Gr9s ~~~ I 5 ~• ~ ~_~~• ~s ~s. I ~o ~3 °° . . ~ 59'55 Q`? ~ 34.34 . 61.1.7 ~ ~, ~876.53~ µ2Qq~1 R•87j.~` 4 ~ 13.2$•27'- R+ 821.~g -93.2p~ b4.83 44.32'' S6"- ~~' ~.. , r-. . 1 •-i I :.. ~_. ~..' ~.. I A`4°39~g8-~i I ` I r 816.33 ~~ - - - 126: ~`_ _ _ _ _ _sa9°z1 ~a.88 ~ 4°4°39'21" /`^37.92 A-43-zo•3a- 15 I I E _$ j - -- - 'I I6 I i sas°zleo'•E -_~_ 143.50------~ ~ ._ - 7 7. 50 - - - .~ 66.00!°_1 I L ~ I ml 3 ~ NI 17 ,~0 18 -I n~' c 10'~Q,46.~0~•l ~ I D p• p ~~ \~ I f ^\•4 J ~ 0 8~ I I 4 ~ 4°4• 6 5.~ ~ -o,~._J 14;~3Y~~ I I I ' I Q~ v~ 5 ~° 6 ~° 7 BLOCK I I ~ 4-q°23'37"-I 1 I I 1 .- __.` - ____ I ~ _ 66.00 66.00 66.00 66.00 Eost 745.85-- N ~ ~:: p r..:. ;r df O :.?..: = ~ i i .:r ,'~~ ,"1 ..M __ .....~ .. ~:1. 4~ f 4.4.1~'S1' j f'-_ 1 I I 1 i I i 10 ~_ ..~_ I 1 1 1 ~~ Ii it 16 61 IB 61 L _I L_ ~ I__ 66.OD ~ 66.00 SOUTH LINE Of 5ANTELMAN'5 AOOIT ~~ ... cg i A`9•-yg7•`l 1 i I I I I I 9 I I i n• ~Q.. .53 ~i :: R=Bre.gJ~ o; ' _~7 ~• 871.3~q~ 'x8,77~ ~; •~ •- n/~ 5 ~~)3 :'--~ `^~~~ ~.3-= I i i'"~ -- - SOUTH LINE of trtr 'ab r ~~~~.. .. U ~~/ 1}3 s~ ~~ -.~ - ss -- _ _ - - -.. i ~ ~ 1i ~_... - - 4 - - -r 'ti.xtirY~'~'~-`l"°~sly._^-'`•'.•.x"r,-'°:::n; 2<?F?':i'?^:€_'.:2~. ~°,_-„7f„' •'_ "' ., •"~.~- ._wi .;~'~_.=a.-i~~ _. _. -- __ a~~.. 'sue -.f "_3Yiia+:~~'~.~~/sx~F~sT~y:~:'.;+ti ~".f ...._c~.'.~sVii~-tv~~E av^+~ Picture RESOLUTION NO. 12667 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE . PLANNED DEVELOPMENT DISTRICT AND A 28 LOT FINAL PLAT OF SOUTHFORK RIDGE THIILD ADDTIION LOCATED IN THE 50UTHFORK RIDGE PLAT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDWGS The property owner has submitted an application for a Conditional Use Permit to amend the Planned Development district to change lot lines to adjust from twin homes to cottage homes. The final plat is a revision of the Southfork Ridge plat affecting 28 lots to allow slight lot line changes with platted easements. Legal Description: Lots 1 through 6, and lots 13 through 20, both inclusive, Block 2, and Hlocks 4 and 5, inclusive, Southfork Ridge, according to the recorded plat thereof, Mc~d County, Minnesota. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and .welfare of the occupants of the surrounding lands, existing and anncrpated traffic conditions, and the effect vn values of properties m the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use 15 in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION • The City Council hereby approves the lot split with the following conditions: 1. The maintenance agreements (homeowner's documents) be updated to add the conditions of sidewalks may be removed in the side entry units and replacement would be the responsibility of the homeowner's association. (These documents must be completed and executed before the City will allow the plat to be filed.) 2. The legal descriptions on the homeowners documents shall be amended to reflect the new plat. - 3, The setbacks for the units shall be as follows: Front: 25 feet (20 feet on 3-fi, Block land 1-4, Block 2) Side: $ feet Rear: 10 feet 4. The drainage improvements must be verified with engineering staff prior to landscaping improvements. 5, An irrigation plan drawing shall be provided to the City, after construction. 6, The replotting of the property does not release the developer from previous commitments made during platting. Adopted by the City Council this 22"d day of March, 2005 • ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor ~~C~LJ ~J PUBLICATION NO. ORDINANCE NO.OS-0402 AN ORDINANCE OE THE CITY OF HUTCHINSON, NIINNESOTA VACATING UTILITY AND ARAINAGE EASEMENTS IN LOTS 1- 6, AND LOT513 - 20, BLOCK 2, BLOCK 4 AND BLOCK 5, SOL1THTtORK RIDGE THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Sectioal. -.Notice o£hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City tv vacate utility and drainage easements located in Southfork Ridge, Lots I - 6 and 13- 2D, Block 2, Block 4 and Block 5, for the purposes of a replat. Sectio That the utility and drainage easements to be vacated are described as follows: The drainage and utility easements as dedicated on Lot 1 through Lot 6, inclusive, Lot t3 through Lot 20, inclusive, Block 2, Lot 1 through Lot 6, inclusive, Block 4 and Lot 1 through Lot 8, inclusive, Hlock 5, all in the plat of Southfork Ridge, according to the mcorded plat thereof, McLeod County, Minnesota. e 'on 3. This ordinance shall take effect from and after passage and publication . . Adopted by the City Council this l2'" day of April, 2005. ATTEST: Gary D. Plotz City Administrator r1 Steven W. Cook Mayor ,~.~]~ Hutchinson City Center MEMORANDUM 111 Hassnn Street 56 Hutchinson, MN 55350-TS23 32U587.5151/Fsx 320.239-47A11 TO: Hutchinson City Council FROM: Hutchinson Planning Comrrtission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT, A REVISED 28 LOT FINAL PLAT TO BE KNOWN AS SOUTHFORK RIDGE THIRD ADDITION ANA VACATION OF DRAINAGE AND UTILITY EASEMENTS IN THE SOUTIIFORK RIDGE PLAT TO BE REPLATTED. Pursuant to Sections 153.50 and 154.070 of the Hutchinson Municipal Code and Section 14.05 of the City Charter, the Hutchinson Planning Comuussion is hereby submitting its findings of fact and recommendation with respect to tbe aforennentioned request for final plat, conditional use permit and vacation of drainage and utility easemextta. IH STORy The applicant has submitted an application For a Conditional Use Pemtit to amend the Plamted Development district to change lot lines to adjust from twin homes to cottage hortiea. The final plat is a revision of the Southfork Ridge plat affecting 281ots to allow slight lot line changes with platted easements. FINDA~CT • 1. The required application and fees were submitted. 2. Notices were mailed to the surrounding property owners as well as published in the HuLchinsonl.eader on March 3, 2005. 3. A predevelopment meeting was held on February 25, 2t>O5. 4. There were no neighboring propeity owners present at the public heating objecting to the request 5. This replotting and conditional use peratit amendment to revise ffie Planned Development District would allow "cottage" type horses on the lots. Essentially, the proposal would be to have single family horses with oommpn area maintenance agreements surrounding the homes. 6. The easement areas would be rededicated on the new plat. There was some d;a<,.a4;m, about whether sidewalks of the units with the side entry would pose some problems. After reviewing it with dte utilities it seems that all of the utilities are in place for the development and da not conflict with the proposed layout. If there were a need to excavate ar locate items within these site entry sidewalk areas, the property would be controlled by the hameownets association. 7. The proposed layout does not increase the number of units within ffie development. The only change is the twinhame would become a detached single family unit, but on the satxu amount of property. The average lot width would be between 30 and 50 feet (depending on the location of the lot). The setbacks for ffie unite would be 25 feet on the front, 10 feet in the rear, and 8 feet on the sides. Staff discussed the possibility of a reduced front yard setback on lots 3-6, Flock 1 and lots 1-4, Block 2 to address drainage concerns. There have always been concerns about drainage on the southern portion of the plat. The original development plans were amended to add catch basins on the southerly lot line. The grading plans ]rave also been changed to itulicate proper drainage for the side yards of the units. A check with engineering, before certificates of occupancy are issued for the units would be a good way to ensure the plans are followed. tom, oa ~eiea p.p.r- 5 C~~ ~l DATE; March 15, 2005 Finding of Fact -March 15, 2005 Farr Development--Vacation of easements, Conditional Use Permit and Final Plat Sauthfork Ridge Third . Addition Page 2 RECD ENDATI The Planning Commission voted (5 ayes and 1 abstaining) recommends approval of the final play conditional use pemdt and vacation of easements with the following conditions: 1. The maintenance agreements (homeowner's documents) be updated to add the conditions of sidewalks maybe removed in the side entry units and replacement would be the responsibility of the homeowner's association. (These documents must be completed and executed before the City will allow the plat to be filed.) 2. The legal descriptions on the homeowners documents shall be amended to reflect the new plat. 3. The setbacks for the units shall be as follows: Front: 25 felt (20 feet on 3-b, flock land 1-4, Block 2) Side: 8 feet Rear: ]0 feet 4. The drainage improvements must be verified with engineering staf£priar to landscaping improvemeots. 5. An irrigation plan drawing shall be provided to the Ciry, after construction. 6. The replatting of the.pmperty dots not release the developer from.previvus cartnnitmpnts made during platting. Resp 1y sub dd~,~ ot~ef Vice Chau~man Hutchinson Platning Commission ce: Dave Kenneth, Suburban Ha~mes, 9135 Airport Rd, Waconia, MN 55387 Charlie Levis, Farr Aevelopment, 172 Hamel Rd., Hamel MN 55340 5 ~c]~{ DIRECTORS REPQRT -PLANNING DEPARTMENT To: Hutchinson Planning Commission • (Persons in attendance at Planning Staff Meeting (in bold) From: Brad Bmans, Dolf Maon, Dave I-Iunstad, Miles Seppelt, Crystal Foust, lean Ward, John itvdeberg, P.E., Kent Exaer, john Webster, Michael Kumm, John Oison, Lenny Rutledge, Kyle Dimler, Mark Schnobricb, Marc Scbora, Gat'y Plutt, Ken Merrill, Jlm Popp, ban Hatten, llick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: February 2S, 2005 --Meeting Date: Marco I3, 2005 Applicant: Farr Development, property owner REVISER PLAT TO BE KNOWN AS SOUTHFORK RIDGE THIRD ADDITION CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT AND VACATION OF DRAINAGE AND UTII.ITY EASEMENTS IN THE SOUTIIk'ORK RIDGE PLAT Brief Description The applicant has submitted an application For a Conditional Use Permit to amend the Platated • Aevelopment district to change lot lines to adjust from twin homes to cottage homes. The present easements dedicated on Lots 1-6 and Lots 13 - 20, flock 2; Lots 1-6, flock 4 and Lots 1- 8, Block 5 , in Southfork Ridge plat rriust be vacated. The final plat is a revision of the Southfork Ridge plat affecting 281ots to allow slight lot line changes with platted easements. GENERAL INFORMATION Existing Zoning: R3PD (Medium-High tensity Residential -Planned Development) Property Location: Southfork Ridge plat Lot Size: See plat information. Existing Laad Use: Vacant Adjacent Land Use Aad Zoning: R2 (Medium Density Residential) Out of City limits and Crow River Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The first phase of Southfork Ridge was platted in May, 2004. • Applicable Regulations: Section 153.50 Municipal Code ~~~.-~~ Final Plat, Conditional Use Permit and Vacation of Easements Southfork Ridge Third Addition Planning Commission- March IS , 2005 Page 2 SPECIAL INP'O1ZrilATIO1V Transportation: ]efferson St. and Edmonton Ave. S.E. Parking: N/A Analysis and Recommendation: This replotting and conditional use permit amendment tv revise the Planned Development District would allow "cottage" type homes on the lots. Essentially, the proposal would be to have single family homes with common area maintenance agreements surrounding the homes. The following serves as an explanatioh of the issues and conditions staff would recommend: Easements C_~ The easement areas would be rededicated on the new plat. There was some discussion about whether sidewalks of the units with the side entry would pose some problems. After reviewing it with the utilities it seems that all of the utilities are in place for the development and do not conflict with the proposed layout. If there were a need to excavate or locate items within these site entry sidewalk areas, the property would be controlled by the homeowners association. Setbacks/Lot Dimensions The proposed layout does not increase the number of units within the development. The only change is the twinhome would become a detached single family unit, but on the same amount of property. The average lot width would be between 30 and 50 feet (depending on the location of the lot). The setbacks for the units would be 25 feet on the front, 10 feet in the rear, and 8 feet on the sides, Staff discussed the possibility of a reduced front yard setback on lots 3-6, Black 1 and lots 1~, Black 2 to address drainage concerns, There have always been concerns about drainage on the southern portion of the plat. The original development plans were amended to add catch basins on the southerly lot line. The grading plans have also been changed to indicate proper drainage for the side yards of the units. A check with engineering, before certificates of occupancy are issued for the units would be a good way to ensure the plans are followed. Staff would recommend fire following conditions: 1. The maintenance agreements (homeowner's documents) be updated to add the conditions of sidewalks maybe removed in the side entry units and replacement would be the responsibility of the homeowner's association. (These documents must be completed and executed before the City will allow the plat to be filed.) 2. The legal descriptions on the homeowners documents shall be amended to reflect the new plat. .~ C~~~1 Final Plat, Conditional Use Permit and Vacation of Easements Southfork Ridge Third Addition Planning Commission- Mareh 15 , 2DD5 Page 3 3. The setbacks for the units shall be as follows: Front: 25 feet (20 feet on 3-6, Block land 1~, Block 2) Side: 8 feet Rear: 10 feet 4. The drainage improvements must be verified with engineering staff prior to landscaping improvements. 5. An imgation plan drawing shall he prnvidrd tr, the City, after construction. 6. The replotting of the property does not release the developer from previous commitments made during platting. Cc: Charlie Levis, Farr Development, 172 Hamel Rd, Hamel MN 55340 have Kenneth, Suburban Homes, 9135 Airport Rd, Waconia, IvIN SS387 • CJ SC~~`~ March 9, 2005 Ms. Julie Wischnack, ATOP Director of Building, Planning & Zoning 111 Hassan Street SE Hutchinson, Minnesota 55350 RE: Amendment Request Southfork Ridge Dear Julie: In regard to the application to amend the Southfork Ridge Planned Development District in the twinhome portion of the approved plat, we are requesting Planning Commission review at their March 15"' meeting. After much review and extensive market research, we have decided to move forward with a change from • an association maintained twinhome unit to an association maintained detached cottage style unit. Suburban Homes of Eden Prairie has created this cottage style unit to maintain the integrity and the intent of the original Planned Development District. The total number of units will be twenty~ight as approved with the original plat. The side yard setbacks will remain 8'. As discussed in our meeting of February 25, 2005, the cleanest way to make the changes to accommodate the cottage home concept is to: amend the Planned Development District, vacate the existing easements and replat. Submitted for your review is the V acativn of Easements and the final plat of 5outhfork Ridge 3'~ Addition. This revised plan includes a change in the front setback from 25' to 20' for lots 3-6, Block 1 and Lots 1-4, Block 2, Southfork Ridge 3'a Addition. The grading plan has been changed to address side yard drainage issues. The product presented by Suburban Homes allows private entry, two car garages and creates a strong sense of neighborhood. We believe it is a further improvement on what was previously approved and brings a new product into the Iutchinson market area. Thank you for yom• direction and consideration in regard to this plat change Sincerely, DARRELA.FARRDHVO1,pPMHNTCARpORA770N Charlie Levis Project Manager-Land Development • c: File ~c~~ l • 1/~ 11 '. ~~ 1 .a C• leaf A ~7(}A(1,0 1a J4a9 G ' 1 N• R. I.1ag7 ,~/ a ~ ges773' /', x.05; SOUTHFORIC RIDGE THIRD AG __, BfARAVOS ARf sASro SOUTMra4A' RggC ,w ~ Of(NffS 3] mrrtlTLS - - -~ - 8f'x0! NARIt SFMY I T ~ ~ ,[FFfRSay S7RL£f Sf i • I f ~ ~ f[fY.•I06.Sgp Ff. (R6 4 1r f MAffR fifY11KN L7r i ~. / ~ 1 OMN. cr THE SOU IN r ~ / / ~ lnr~-s91 ~ /'~ 100 1(AR ![11q~ fiFXl S _ ~ _ ~ / / . ~ ~ 1 _ o , ,~. "~^f. .g / ,°, ~ ~~ r `/ ; ~ / ~' ~ i _ l~, l r~S r,7SOIM T , ~ Oi(~'T ~' e _ ~ •• ' ' ~ • _ ~ L~ ' ~ ~ ~, ~ ..r :3~ ~; ~; is ~„ X16 ~~ [ ~ c.~ cC • ~ '°F~~'r I • ..... .u s,aw _f- ; h t• 9a6~:-iT. ~.: 't%'~ '~~~' \ \ . a7• l ia~... ~ . .~.: C.^.:'C .... J I .O. 1b t~' _'J~4\ E~ '~ . 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PREDEVELOPMENT SOUTHFORK RIDGE REVISION FARR DEVELOPMENT 2/25/05 Attendees: Dave Kenneth, Dolf Moon, Dan Hatters, Dave Hunstad, Lenny Rutledge, Jim Popp, Bonnie Baumetz, Kyle llimler, PicJC Nagy, Ken Merrill, Cal Lee, Mnrk 5chnobrich, Kent Exner, Charlie Levis, Brian Johnson and Julie Wischnack Julie Wisclvaack commented on the request and opened with introductions. Dave Kenneth, Suburban Homes, explained the request to change the plat to allow for cottage homes instead of twin homes. He commented on the product and the elevation, He stated 14 homes will be slab on grade and 14 homes will be walkouts. There will be some homes with side entrances. Charlie Levis, Farr bevelopment, explained there are a small nunrtber of lots that won't meet the setbacks of the original Planned Development. He stated a change in the plat and the PDD will permit the type of development requested by Dave Kenneth, Julie Wischnack stated a Conditional Use Permit will change the PDD. Charlie L. commented on the proposal to revise the plat and change the easements between lots. • IIe stated this is a unique development. Julie W. stated decks have a different setback than patios. Kent Exner stated it is necessary to have drainage and utility easements between the lots. Discussion followed on amending the PDD for a few lots and setbacks, Kent E. stated there should be a replat. Julie W. stated with the side entries the sidewalks will be placed in the easements. Kent E. explained this plat will be tight for drainage and there are problems with drainage in other developments hem. Charlie L. stated the association will maintain washouts with seeding. Dave Hunstad explained once service is in it will be no pmblem to place sidewalk in the easement. He cautioned it is the association's problem if sidewalks are over services and there nceds to be xepair of the services. Kent E, stated they must make the drainage work. He asked if lot coverage is an issue. JulieW. explained lot coverage is a part of the PDD but these will be single family and there is . no regulation with single family. There is with two family structures, ~C~~y Predevelopment notes Southfork Ridge Third Additiop Z/2S/05 . Page 3 Jim Popp commented on sprinkling the homes to protect the residents. have K. stated he agrees with sprixilcling the structures but everything comes down to cost and sale ability. Lenny R. asked if sprinkling could be in the package as an option. Lenny R. asked how nutty lull are affected by the change. Julie W. stated 3 lot lines. Lenny asked if they could get easements for the lots and not change the plat in case of another change. Charlie L. explained the change is market driven and he doesn't see another change back. Brian J. stated they could amend the 1'DD for 31ots and add easements as the lots are developed. Lenny R. suggested putting gutters on the roofs to help with drainage. Dave K. stated that gutters are standard on the units. Lenny R. asked for copies of the covenants and what is allowed on the lots. Charlie L. stated sheds are not allowed and the.covenants have not changed. Julie W. stated the easement description must be rewritten Lenny R, explained there must be 6 inches of clearance between the wood and ground and 6 inches of fall in the first 10 feet. Dave K. stated they do consider the drainage. • Dave Hunstad stated the electric is in with the telephone lines and natural gas is is the front. 7ulie W. commented on existing topography information to verify grades are met, She stated the City needs "as bunts". Kent R, stated they must pay attention to drainage when sidewalks are placed in the easements. There was discussion on the timing of road restrictions and the project. Lenny R. explained they must maintain the roads during construction. SC~~`-~( RESOLUTION NO. 12570 RESOLUTION APPROVING PRELIMINARX AND FINAL PLAT TO BE KNOWN A5 . SLTMMERSET THIRD ADDITION SUBMITTED BY ARNE ESTERBROOKS, DEVELOPERS RESOURCE COMPANX BE TT RESOLVED BY THE C1TY COUNCIL OF TIIE CITY OF HUTCHINSON, MN: FINDINGS The property owner has submined a 102 lot plat to be known as Summerset Third Addition. This is a recon£umation of the preliminary plat approved on August 24, 2004, and the final plat. Legal Description: Outlot B and C. Summerset, McLeod County, Minnesota, according to the recorded plat thereof, AND Outlot A, 5ummerset 5ecvnd Addition, McLeod County, Minnesota, according to the recorded plat thereof. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values ofproperties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the • Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby approves the preliminary and final plat with the following conditions: 1. A grading subdivision agreement has been signed and securities are in place. Prior to additional work (i.e. utilities) the subdivision agreement must updated to include the additional constntction. 2. Securities for the development grading have been received. Additional escmws and securities will be required prior to construction of utilities. 3. Additional review comments from the City Engineer shall be followed. 4. ATrail Easement must be filed For the 10' bituminous trail extension from Edmonton Avenue. This Trail Easement will cover the Drainage & Utility Easement between Lots 9 & 10. 5. Provide an additional trail easement along Denver Avenue, to increase the separation for the street and the trail. C~ Adopted by the City Council this 22"~ day of March, 2005 ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor l.C .~ • Hutchinson City Center C MEMORANDUM 1111iaeean Sereet s6 HatchhNOn, MN 55350.5521 326587-513UFu 320.7.34.4510 TO: Hutchinson City Council 5 PROM: Hutchinson Planning Comm'.s~ion~~ R'' SU117ECT: CONSIDERATION OP PRELTMINARYANDFINALPLATTOBEKNOWNASSUMMERSET Ti•IIItD ADDITION SUBMITTED BY ARNE ESTERBROOKS, DEVELOPERS RESOURCE Pursuant to Section 152.074 of the Hutchinson Municipal Cade, the Hutchinson Planning Commission is herby submitting its findings of fact and recomnnendation with respect to the aforementioned request for a final plat. HISTORY The preliminary plat was approved an August 24, 2004. At that time, the property was rezoned from R3 to R2. FINDINSiS OF__FAGT The items frow the preliminary plat have been met. No changes to the plat have been made since prelirniuary plat review in August. A further rewmmendation would be that there be a trail easement provided to ensure enough boulevard area for separation from the road. • RECOMMENDATION The Planning Commission unanitrnously recorrmtends approval of the final plat, conditional use permit and vacation of easerrunts with the following conditions: 1. A grading subdivision agreement has been signed and securities arc in place. Prior TA additional work (i.e. utilities) the subdivision agreement must updated m include The additional constrttction. 2. Securities for the development grading have been received. Additional escrows and securities will be required prior m constmction ofutilities. 3. Additional review cortarttnts from the City k?ugirwar shell be followed 4. ATrail Easement must be filed for the 10' bituminous trail extension from Edmonton Avenue. This Trail Easement will cover the Drainage & Utility Fasament between Lots 9 do 10. 5 . Provide an additional trail easement along Denver Avenue, to increase tho separation . far the street and the trail . Re y su rte~/ rarulou F ,Vice Chainam Hutchinson Planning Cormnisaion cc: Ame Esterbrooks, Developers Resource Company, 15525-32"s Ave. N., Plytnauth MN 55447 Otto Associates, 9 West Division St., Buffalo MN 55313 oo ~ba ram - ~~~\ DATE: March 15, 2005 DIRECTORS REPORT -~ PLANNYNG DEPARTMENT C~ • Ta: Ilutcbiason Planning Commission (Persons in attendance at Planning Staff Meeting (in bald) From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Crystal Foust, Jean Ward, John Rodeberg, P.E., Kent Exner, )ohn Webster, Michael Kumm, John Olson, Lenny Rutledge, Kyle Diniler, Mark Schnobrieh, Marc Sebora, Gary Plotz, lien Merrill, Jim Popp, Dan Ilatten, Dick Nagy, Julie Wischnack, AICP, and $onnie Baumetz bate: February 2t3, 20D5 - Meeting Date: March I5, 2005 Applicant: Developers Resource Co., property owner FINAL PLAT - SiTMMERSET THIRD ADDTTION RECONFIRM APPROVAL OF THE PRELIMINARY PLAT lirlef Descrlptian The preliminary plat was approved on August 24, 2004. At that time, the property was rezoned from R3 to R2. Because, the final plat was received more than 6 months from the preliminary plat; the approval must also contain a motion recognizing the original prelimunary plat. There were the following recommendations on the preliminary plat: 1. Subdividers agreement must be executed prior to filing of the final plat. 2. All fees are required prior to commencement of construction. 3. Any relocation of utilities are the applicant's responsibility. 4. Add trail connection on Denver Avenue. 5. Rename United Street to same North American City between "D" and ..B„ 6. Revise plans as provided in the Engineer's comments of August 2, 2004. The above items Dave been met. No changes to the plat have been made since preliminary plat review in August. Staff would further recommend that there be a trail easement provided to ensure enough boulevard area for separation from the road. GENERAL INFORMATION Existing Zoning: It2 (Medium Density Residential) Property Location: Summerset Second Addition Outlot A Lot Sire: 1021ots Ez3sting Land Use: Vacant Adjacam Land Use And Zoning: Rl (Single Family Residential) R2 (Medium Density Residential) R3 (Medium-High Density Residential) ~~~~ Final Plat Summerset ']'bird Addition Planning Commission-1Vlarch 15 , 2005 Page 2 • Comprehensive Land Use Plan; Mixed Use Residential Zoning kiistgry: Preliminary Plat and Rezoning - August of 2004. Applicable Regnlations: Section 153.50 Municipal Code SPECIAL INFORMATION Transportation: Sherwood Strut S.E. Parking: N/A Analysis and Recommendation: The consensus of staff was to recommend approval of the final plat. The following would be conditions: 1. A grading subdivision agreement has bear signed and securities ttt+e in place. Prior tq additional work (i.e; utilities) the subdivisia~n agreement must updated to include the additional construction. 2. Securities for the developmart grading have been received. Additional escrows and securities will be required prior to construction of utilities. 3. Additional review comments from the City Engineer shall be followed. 4. ATrail Easement must be filed for the 10' bituminous trail extension from Edmonton Avenue. This Trail Easemart will cover the Drainage & Utility Easement between lots 9 & 10. 5. Provide an additional trail easemart along Denver Avenue, to increase the separation for the street aced the trail. CC: Ame Esterbrooks, Developers Resource Company,15525-32"d Ave. N., Plymouth h71J 35447 Otto Associazes, 4 West Divisiao St., Buffalo MN 55313 5 `~~ ~ ~ A~~ ~ ~ ~~~ ~~~ R ~~~~ s:rs7 rid ssrs •~,:~ ~ ~e^s &:~m ' -. ~, `_ e v ° -- O n 4! o !/r'-~-.~.~_~ r tom. .. 'r e i c~ ~ • ~.~J „ 4 " „. a ` .~~r ~~~ :. .~' n i 1 1 ~ ;' • r iN 1 ~~_~ ' F ~-r- ~ r__ _° ~' ~ .n-i~ .I I I "~ ~ r x I I ~' 1 ^!' 't~' I ~ ~ ~ a ~ ~ i i n'{ ~$ ~4~ ~ y: i i ~ '"' i ~ ~ c' I ~~ ~, ,_ ~~, i ~' ij 1 EE~+ 6i' ~~~ n ..~ ~~ ~. `o$ I _~~ ~ ~ I h ,' SUNlMERSL'T TN~RD ADD1TlON ~-vsEr a . '~~,„~. r. , . ;, ,.5 w ~~;~ .. d B. N ~~ ~~ ~~ JL 1R~~ ~IIM WI~A~~ NMI WJ~1~~11~Jt~1~1~R~ YR~fIO~~~! ~Y~YifL1 YY'I Ni ~laA[ x::~r n V' SUN11111FRSL~ 7NIRD ADDITION IfVSE7 A * ppJyER -.~.......~ --- ~~ :-, ~~,,,,~,;~ N ~'P1aPZS~ ~~~~ Y a ~.~.i® x~:: crr ~:.~.s.. .~,. sx~r z of a ,~ rage i at t Bonnie Bauman . From: Kent Exner Sent: Friday, March 04, 2005 7:27 AM To: Bonnie Baumetz Cc: Julie ~schnack Subject: Summerset Third Addition Bonnie, Please Hate in the conditions of approval for the Summerset Third Addition final plat that a Trail Easement must be filed at a later date for the 10' bituminous trail extension from Edmonton Avenue. This Trail Easement will cover the Drainage & Utility Easement between Lots 9 & 10. Thank you. Kent Exner, PE City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350-2522 kenGLe~~!,.hut&Jn~OP_.~.~Uti 320.234.4212 Direct 320.583.5683 Cellular 320.234.4240 Fax • 3i4rzoos J C~ ~S RESOLUTION NO. 12671 RESOLUTION APPROVING FINAL PLAT TO BE KNOWN AS BRIDGEWATER . 1~STATES THIl2D ADDITION SUBMITTED BY GPS DICKINSON BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS The property owner has submitted a revised fmal plat of Bridgewater Estates Third Addition. The original plat was approved on November 23, 2004. Legal Description: Outlot A, Bridgewater Estates Second Addition, City of Hutchinson, McLeod County, Minnesota, according to the recorded plat there of. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby approves the final plat with the following conditions: 1. There are continuing safety issues for people walking in the area. There are open discussion with the developer regarding a trail along the north side of South Crrade Road up to the end of the lot in the next phase of construction. This item will be finalized prior to the City Council entering a subdivision agreement. 2. The revised plat does show revised 6 foot easements along the interior lot lines and they show 12 foot easements along the front and rear lot lines. The City only requires 10 foot easements in the front and rear. This had been changed, but the new drawings (dated February 11 indicate 5 feet again on the side yard drainage areas. This needs to be changed. 3. A subdivider's agreement must be executed and fees paid prior to construction. 4. Provide revised pad elevation and house types signed by new engineer. Adopted by the City Council this 22"d day of March, 2005 ATTEST: . Gary D. Plotz City Administrator Steven W. Cook Mayor ~ (.G~~ Hutchinson City Center ~~ ~~~ r~ L 111 rkaseao Street SE Ratchinann, MN s535a2522 3zasay-srsvfr.,~ aw.x3aa2go MEMORANAUM DATE: March 15, 20()5 TO: Hutchinson City Council FROM: Hutchinson Planning Comtnissian SUBJECT: CONSIDERATIONOFAFINALPLATTOBEKNOWNASBRID(`EWATERESTATESTHIRD ADDITION SUBMITTED BY GPS DICKINSON Pursuant to Section 152.074 of the Hutchinson Municipal Code, the Hutchinson Planning Cotmnission is hereby submitting its findings of fan and recommendation with respect to the aforerrrentioned request for a final plat, SHI TQR~ This is a revised final plat of Bridgewater Estates Third Addition The original plat was approved on November 23, 2004 with the following requirements: 1. •Access of Willow Drive S W onto South Grade Rd must include a turn lane (same design as Roberts Street), and also is dependant on closing the Honey Tree Road access (Access Management and safety issues). There are possibilities of make a temporary road elpng 9th Avenue SW to Honey Tree Road, qr have a temporary rum arotmd for the street. In . no case can Soutti Grade have Roberts, Willow, and honey Tree open at one time. $intx the original plat was approved, further discussion and review has taken place regarding the access. It has been deterrniped that removing the Willow Drive entrance and removing Honey Tree wiii be the safest alternative to the subdivision design. The new plat drawings reflect the change. Drainage & Utility easements are shown at the proposed terminations of Willow Drive and Niath Avenue. These easements should be revised to either ingress/egress or temporary easements for access purposes. 2. A temporary turnaround is required on the north end of Willow Driva SW, Easements should be indicated to accommodate the turn around. Has been addressed an the desigo plans. 3. There are wntinuing safety issues for people walking in the area, There are open discussion with the developer regarding a trail along the north side of South Grade Road up to the end of the tat in the next phase of copstroction. This item will be 5nalized prior to the City Council entering a subdivision agreement. 4. The revised plat does show revised 6 foot easements along the interior lot lines end they show 12 foot en~~++'~ts along the front and rear lot lines. The Ciry onlx requires 10 foot easements in the front and rear. The Planning Commission unanimously recamtnenda approval of the final plat with the following conditions: • ranks on n~ra paa ~ l C J `{' Finding o(Fact -March 15, 2005 Bridgewater Estates Third Addition -Final plat Page 2 1. There are continuing safety issues for peop e,~;)~~{' Trro in the area.'I'here are open discussion with the drvrl~prr rrgarrling n I~~Il1 a1M1$ the north side of South Grade Road up to the end of the lat th the next phase of construction. This item will be finalized prior to the City Council entering a subdivision agreement. 2. The revised plat dots show revised 6 foot easements along the interior lot lines and they show 12 Foot easements along the front and rear lot lines. The City only requires 10 Foot easements in the front and rear. This had been changed, but the new drawings (dated February 1] indicate S feet aga(n on the aide yard drainage areas. This needs to be changed. 3. A subdivider's agreement must be executed and fees paid prior to construction. 4. Rrovide revised pad elevation and house types signed by new engineer. Res ly submitte on tce G7>aitunan Hutchinson Planing Commission a: Mike W igley, GPS Aickinson Partners, One Carlson Parkway Ste 120; Plymouth MN 554A7 Steve Squire, Bersheid Builders 1509 Division Street, Waite Park, MN 56387 Linda Brown, Surveying & lsngineering Professionals, 6(1 Tenth Ave S, Waite Park MN 56387 ~ ,1; „ 5~~~~ DIRECTORS REPORT -PLANNING DEPARTMENT L J To: Hutchinson Plauuing Commission (Persons in attendance at Planning StaffMeetiug (in bold) From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Crystal Foust, Jean Ward, John Rodeberg, P.E., Kent Exner, john Webster, Michael Kumm, John Qlson, Lenny Rutledge, Kyle Dimler, Mark Schnobrich, Marc Scbora, Gary 1'lotz, Kett Met1•ill, Jim Fopp, Aau Hstten, Diek Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: February 28, 2005 -Meeting Date: March 15, 2005 Applicant: GPS Dickinson Partners, property owuers )FINAL PLAT - BRIDGEWATER ESTATES THIRD ADDITION Brief Description This is a revised Tina] plat of Bridgewater Estates Third Addition. The original plat was approved on November 23, 2004 with the following requirements: 1. Access of Willow Drive SW onto South Grade Rd must include a tum lane (same design as Roberts Street), and also is dependant an closing the Honey Tree Road access (Access.Management and safety issues). There are possibilities of make a tetttporary road along 9th Avarue SW to Honey Tree Read, or have a temporary turn around for the sheet. Tn nn case can South Grade have Roberts, Willow, and Honey Tree open at one time. Since the original plat was approved, further discnssion and review has taken place regarding the access. It has been detertrdned that removing the Willow Drive entrance and removing Honey Tree will be the safest alternative to the subdivision design. The new plat drawings reflect the change. Drainage & Utility easements are shown at the proposed terptinations of Willow Drive and Ninth Avenne. These easements should be revised to either ingress/egress or temporary easements for access purposes. 2. A temporary turnaround is required on the north ard of Willow Drive SW. Easements should be indicated to accommodate the tum around. Has been addressed on the design plans. 3. There are continuing safety issues for people walking in the area. There are open discussion with the developer regarding a trail along the north . side of South Grade Road up to the end of the lot in the next phase of construction. This item will be £malizcd prior to the City Council entering a subdivision agrcentcnt. 4. The revised plat dcea show revised 6 foot easemarts along the interior lot lines and they show 12 foot easements along the front and rear lot lines. The City only requires ] 0 foot easements in the fiortt and rear. ,SC~~~ Final Plst Bridgewater Estates Third Addition Planning Commission-11Rarch 15 , 2005 Page 2 This had been changed, but the new drawings (dated February 11 indicate 5 feet again on the side yard drainage areas. This needs to be changed. S. lieconfirmation of that the original grading plan has been met. (The entire site was graded with the Bridgewater Estates 2 utility consttuction.) This will be completed prior to commencement of construction. 6. A subdivider's agreement must be executed and fees paid prior to construction. 7. A revised phasing plan was received by the City on November 4, 2004. This was received. 8. Provide revised pad elevation and house types signed by new engineer. Not Complete. • . E) Staff' would recommend approval of the plat with the conditions listed in 3, 4, fi, and 8 be part of the conditions of the final plat. Cc: Mike Wigley, GPS Dickinson Partners, Oae Carlson Parkway Ste 120, Plymouth MN 55447 Steve Squire, Bersheid Builders 1509 Division $beet, Waite Park, MN 56387 Linda Brown, Surveying & Bngineering Professionals, 60 Tenth Ave 5, Waite Parts MN 56387 5~~~~ Page 1 of 1 Bonnie Baumefz . From: Kent Exnar Sent: Friday, March 04, 2005 7:41 AM Ta: Bonnie Baumetz Cc: Julie Wischnack Subject: Bridgewater Estates Third Addition Bonnie, Please note in the conditions of approval for the Bridgewater Estates Third Addition final plat the following items: Trail Easement must be filed at a later date for the 10' bituminous trail paralleling and extending Tram Sputh Grade Road. This Trail Easement will cover the Drainage & Utility Easements along the rear of tots 1 -11 and between lots g & 10. . Drainage & Utility easements are shown at the proposed terminations oT Willow Drive and Ninth Avenue. These easements should be revised to either ingress/egress or temporary easements for access purposes. . Side yard D & U easements are shown at a 5' width. Thank you. Kent Exner, Pl: City Engineer City of Hutchinson 111 Hassan Street SE • Hutchinson, MN 55350-2522 Ikg~c i~er(~tci.hutchinson.mn,~ 32D.234.4212 Direct 320.583.5863 Cellular 320.234.4240 Fax • 3/4/2005 ~~•C~ `E-' c r1 U M. C M a R A V D U M 'rte: Rich Rmm~r.~x, Sttrvtging & ~ugiueeriug PtUFesslonNs ItIC. FRONY: Kent Exner, City Engineer RE: Bridgewater Instates Third Addition BATE: February 25, 2005 We have reviewed the preliminary construction plans and specificatioas for the Bridgewater Estates Third Addition developmxnt. These plans were prepared by Surveying & Engineering Professionals and received by the City on February.l6, 2005. Listed below are some engineering issues that were diswvered during our review; • Construction Details -Update details per current City of Hutchinson Standard Drawings (attached to e-mail), • Standard Residential Street Typical Section -Revise typical section to a nrinirrntm of the followi~ (typical section shall be confirmed to be adequate in regards to existing soils): 0 1 'h" Type MV4 Wearing Course (MV WE45035B) 0 2 h" Type MV 3 Non-Wearing Course (MVNW35035B) v 12" Class 5 Aggregate Hale, 25% Cntshed o Geotextile Fabric, Type V • o Approved 3ubgrade (passing test rolling) • Trail Typical Section -Include trail typical section as follows: 0 3" Type LV4 Wearing Coupe (LVWE45035H) 0 8"Class 5 Aggregate Base, 2,59E Crushed o Approved Subgrsde • Seeding--Due to utrlmdwn timeframe fore ultimate building on the lots sad the development ofthe borrow area a permanent seed mixture such as Mu/Dtyf 250GR should be used in all disturbance areas, except far around the ponds which should be seeded with Mn/17D'f 310. Note that appropriate mulching, fertilizing and disk anchoring is necessary when seeding. • Storm Water Pond -Verify existing poudgrades/capacity, show the NWL and HWL ofthe pond, and provide storm water caletrlations/analysis regarding the pond srztupJdevatia~ns. • Building Information -Show the proposed elevation and house type for each lot on the grading plan, • Bituminous Trail -The possrbrlity of a biuuninous trni] along South Grade Road was discussed at the pra development meetigg, This 10' wide trail installation should be shown adjacent to this development along SGR Per the ctnxent grading and storm sewer location, a trail extension from SGR imo the development between Lots 9 &c10 does not seem feastbk and should be addressed. • Sil;Fence -If the borrow area is utilized as spawn on the grading Plan, additional silt fence should be inchrded around the perimeter of the areas that will to drain away from the site. • Storm Sewer Pipe -The storm sewer pipe should be Class V'when beneath a roadway/qab. • Storm Sewer Inlet-The storm saver inlet of the drainage swale along GCR appears m be three feet loww than the proposed contotns. • Drain Tik - Drain file services should 6e 3" diameter pipe, • Honey Tree Road - Show a teurporary gravel access from Ste easterly end of N'mth Avenue SW to otdstimg Honey Tree Road. Please let me ktww if you have a~ questions regardtng arty of the issues discussed above. • cc: John Rodeberg, Director of Public Wanks 7ulie Wisebraack, Director of Planning, Zoning & Buiktmg ,S~c~~ .G~~~ l,l~l~"~, vv n t ~iC ~J 11i 1 tiao5 S " b:,rC;:wp;;p ~ 5EC;CrJ~ HDDITfOtJ TJ / ~J,o~,,~p. '=5: ~-!_S 5OUTH LAKF~4p^D r ,~ S> brESTpTES I jNtpiC~B ~a E~~ :.'NPL `TT~D ~ I F-. v I - n,~ =i.: ~ ~ ~G AvW rn (.) A~.I 4/ I ~~ ~. ~ ~ ~ ¢ ~_ ~ I.._ I F g ki ~ U 3 ~ ~ ,.6• I ` ~*~r4 vi ~ ~ ` y~Q. ~q~. ti' <i ~t~ ,`a. 4 .~G y ~~ s a , ~ 5w NIMAT C ~ SQTITH1YEu ~\ ~ , ~ R• r w ~ ~ s ~a• ~ ~ 5 iS ro,w~,~ar X I °a ~' wd' S kid 9RiD6E4ATE7 €_STATES SECC.ND ApDITIOtd ' I W f Wt~ 1 ~ lY ~g fi~~ I R ~ a A 1~ I ~I ~ I 1 ~,~,~ s wte7s r aeao & 1 'I I f~t~~ tI6.Op r-~~--- 1 I;AA ~ s ~.`R ~ OUTLOT A ~ qJ ~ ~ ~ OUTLCT A C>,`~ ~ - _ T ~:•w,wnc .w Onirv o+aolotr. " ~ 10 C~ ~ P-iS~i -- J ~ ~ 4 ~' ~ ~ BRIDGEI,YATER ESTATES ~N s era~2e' E i ~ ~9RID*;EW. ATER ESTATES ~ _ ii -~ _ 1 ~ SECpNp AADITION S ~ ^si #: U`- SEL'OND ADDiTICN I~ _- ~ a araex c waeo 1 1f~-'tom ~y ~ §~ I I ~0'tl:.I I i0'0:d l r0'0°yrll l t0'00r1 l f0'0 WI I I I ~ a ~%~ u ~~ ~ IR ' gI 1R Y 1~11~ 3 ~j 4 ~HhI 6x1 8 p~p1 ' X11 6 ~t 1 I j l V m I I 81 I 811 °I ~ j b~ ~~ 1 ~ 6 O 4~J L]n00 1 L1q^aAaJ Li0.O0 J t1'O.pl J LJ 1Vi.E0 1 ~ I ]p N J J 7111 4_1D000__J a'[ a NINTH :sx~ A a wraear ~ .~~ ~'r,-_-d- ''~__~ 3OU7HWES ~ r Yo R "-~~^ R NINTH AVENUE SOUTHWEST ~•+aemA t Mm' 1 I ;,5 m f 7Sd6 I 1 98.1gM I id66.. I ~~rl I ~w 1 ~, j ~ -.1°'°~11 °.00'~ Y' ` ~ r L~1~}l ~ ~ aka 'fdm I 11 ' _~~I~ t8_1~z811~3gItZ4'jjS8~j1~8'I~~^(IT ~ 8 9 `1 70~ 7~ 1w J 6:r L.~ 10A0 LlnynxJ Llnro 1 ~~~j ~~ __~ ~`~ L.~ %_~IQ.~ J~ N 87t8'GB' N µ7.l3 w ~- ~ aq,~ aaaw w SOUTH GRADE ROAD SOUT_ H_ WEST N ems' ~ ~'~ -.. _..~..-..-..~-.-.... m ^arovarr _ ,~_ _ SOUTH GRADE ROAD SOUTHWEST • • ~ wrai'tr.• -mao ~ + • • ~ . . ..~ ... ~ - - - --- - '+•~ - - -'- - ~•~•m^_"'~_na a?mr~ aAwrioe deep samiuar mne71 a n1e swnwwyt owtpl v sannue: Owg1 Or amioit tai amnw t. ,a,+~1r ttp wwcc a0. rump cautfR wga~pp awcc a ua[re caerr, wwr~oa • 1e11 M Alfa P 1M 44YIIwt71 a1Mlg6e P N~aa~LLaml~fa M~111 ~~~1 fp To: Mayor and Council From: Melissa Starke Date: March 1 S, 2005 Subject: Un-Sale Liquor Licenses/Wine License The following establishments have applied For 2003 liquor licenses. The appropriate paperwork has been submitted and investigations of the premises have been conducted by the Fire Department. Please approve the following licenses: On-Sale Intoxicating Liquor License Main Street Sports Bar Applebee's Neighborhood Grill & Bar Sonora's Mexican Restaurant Wine License Bavarian Haus ~~~~ ('(ryof ~ ~'„: 111 nassan Strew Snntheast flutchirtcnn, MN 55350 (320) 587-5151/Fax; (320) 234-0240 'Z7~' City of Hutchinson AYYLICATION I'OR GAMBLING DEVICES LICENSE In provisions of the Cily of Hutchinson Ordinance No. G55 and Minnesota Statutes Chapter 3A9 All applications must be received at least 30`day5 before event in order to be considerod O Ful) Year January 1 - llu:ember 31, Fce: $ lOII.OD -~~1 Year Term bate(s) C~ Fce: $25.D0 (5r :tnizativn lnfvrrnxtinn"•' ,,,~ „, ;~: ;, : ~.d,.;ar' ,, c L eoc,P Cove. Name Phone Number / ',~ -,t M~U 5533. A dress where regular meeting are held City State Zip bxy and time of meetings? ~ ; Is this organization organized under the laws of the State of Minnesota? yes ^ no How lung has the organization been in existence? ~. How may members in the organization? ~_ What is the purpose of the organization? _ ~-~,,~~ }~} V P_Stf7/G~iUVt - In whose custody will organization records be kept? ~ ~~ l Cn ~Z17~ 7-a t(~ Name P)wne Number 1 ~ l~u~-,lntn5ttrt M/U ~_ A dress Ci .State ~ e tt on . n nfmanop ;n:+~..(.,.~~~q,:,i:,+.a;4°~ '~,ln The following information is provided onucming x fid rty bond given by the gambling manager in favor of the organization: Address of banding sampan Amount of bond: Application is hereby made for waiv of the company City ]oration of bond: auirements: l7 ves ^ no Srate Zip ~~~~~ Ciry nJHuMl~insnn Applicntinn for rtingo Cumbting fXvires flcense Page 2 of 3 C~ Authorized Ofliccr of the 2 - -2 tN Phone Number Name kesuttlnce Address Ciry State Zip Date of Birth: (J / / ~. Place of Birth: ~'ln~~~'rti Marttlt/day/year Chry~~~~ State Have yvu ever ha;n convicted of any crime nttler ttlan a traffic offense? ^ yes Gd no If yes, explain: Designufed (iamhlin.g Marm}r,er (A tract! cou1' of o(rciul YesOlulion or action desiRru:tirtR Mott Rambling nlahaRawl '' "!'rue Name Plwne Number Residence Address Ciry State Lip Date of Birth: / / Place of Birth: Monlldday/year C'ify Slute have you ever been convicted of any crime other than a traffic nffense'7 ^ yes ^ no if yes, explain: I-low long have yvu been a member of the organization? (ifiine $]fOr1118[]On' ' Q ~ ~ ,, .. . , , , . ,~ ~ ~ , . , -~ i' ~''+,die;.~",il,'a",Ci$:~+C,YJ{„~o4PµVlti ~r n'1. ~',il: S game will be played 3Z o - ~~ - ac.lt:~ PJwne Number 5535b ,,~ • Address o/ for-ariod where game will be played City State Zip hate(s) and/or day(s) gambling devices will be used: r ~ ZDU 5 through rl ~ Z~tl 5 A.M A Hours of the day gamhling devices will be used: Prom _1 '.~(~ ~ To Maximum number of player: 3QD' __ Will prizes be paid in money or merchandise'? ~ money ^ merchandise WiII refreshments be served during the time the gambling devices will be used? byes ^ no if yes, will a charge be made for such refreshments? ^ yes ^ nn Officers of the Or anization (i necessa , list additiunul names on se Pratt' sheet) '" "+~?i ~ ^1"~;" ' m;~~__~,~ C~rPe~, - -- Name Title ~ot~ _ 1~~~1.,,1,t t.r~,-z 1~1~c.~;,r~~ar~ ~ uln-v ~53s~ kecidence A dress City Stare Zip Name Title D L - ~ S~ ~1PAnt vP ~ .1~L11~ ~_ kesidence Address City State ,'Lip Name Title Residence Address Ci State Li ~~~ • Ciry of Hutchinson ApplirnHOn for Ringo GnnJiling 6eviCes Ucense Pµgr 3 of 3 ~~ Officers nr Olhcr PcrSnns Paid tier Services information (if nece,e,cnrg list addifiotml niuneS btl~separnle~SheeC)~tj?~^~+;in ~~ Name Title Residence Address City Stare Lip Name Title Rea~idence Address City Safe Zip Name Tirde Residence Address Ciry State Zip Checklist~~'j °•;~?,1i„•r> ~ ., ~~• ~i.. ,ib"",ty:,.'•;t~n~?~~<ej.~~.;~?"~,"t~?ia:Pi ~~''i';^~"~~~'1.~ The following items need w he completed and/or attached in order for the application to be processed: Copy of the official resolution or official action designating the gambling manager. ^ yes ^ no Copy of insurance that meets nr exceeds limits esUthlisheti in the ordinance: ^ yes ^ no A list of all active members of the organization: ^ yes ^ no Application tee paid in full (cheek or money order): ^ yes ^ no A lica[ion com leted in full and si ncd h both authorized officer and amblin mono er: ^ es ^ nn Have you (Gambling Manager and Authorized Officer) road; and do you thoroughly understand the provisions of all Ixws, ordinances, and regulations govclning [he operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Mimtesota Statutes C ter 349)? Gambling Manager 14 yes C1 no ~ Authorized Officer ®yes ^ no nitial Initial • I declare that the information I have provided nn this application is truthful, and I authorize the City of Hutchinson to investigate the information subm' fed. Also, l have received from the Ciry of Hutchinson a copy of the City Ordinance No. 114,2D relating to gxmb~ng rod ii{miharize myself with the contents thereof. 1 ~~~ 1 ~P 01-~ 1`~~1 3- Z`DS ~°~'ig tore autito 'z ' er of organization Dare Signature of gambling manager of organization Date Internal Use Only%"',~=. '<. '._~:;, ; i .`,.: . City Council ^ approved ^ denied Notes: ,5(e~ ~~~ ~~~~ ~;. 1 I I Hassan Strcu Southeast Hutchinson, MN 55330 (720)587-5151/Fax:(320)234.4240 License Fee: 1$ 50.00 Operating Year: ~.~s City of Hutchinson Application for License to Sell Tobacco at Retail A licant information 1~~t?c~~. ~rs C~-oD ~„ t ~F5_ ~rr,,~r c~c 3ao a34- o~lo~ - . ~, Applicant Na a Applicant Phone Number A licant Address Ci Slate Zi Business Inforrnetian - 6 ~2~ ~~~'" l~~b~ -- .~ Basin ss Name Business Phone Number \\1D ~u~t . -f l~r_S~ - ~u~c~_...Sa~ ~_ ~~ B Hess Address City State Zip Store Marta er • Corporate Name Corporate Address CEO Checklist The following items need to be completed and/or attacl Application fee paid in full (check or money order): Annlication completed in full and signed: ~ vas City Corporate Phone Number State Ztp use Coordinator in order for [he application to be processed: ~ yes ^ no ^ no 1 hereby certify that I have completely filled out the entire above application, together and that the application is true, correct, and accurate. Signature ojApplicant 1 /~1~ -~c_e_~_ e _ ~~ Print Name ~-/5- O Date 5~c~ai.o,~ _ ~ravcas~C1C Title ~ NpTE: No application will be forwarded to the City Councll unless rettlved one week prior to the regular Councll meeting, filled out fn complettan, and fee payment Ls at/ached. Use Building: D approved Fire ^ approved O denied Notes: Notes: police ^ approved ^ denied Notes: City Council ^ approved ^ denied Notes; N:LioevedAppliwie W ret~[ao. due S~F~ hi H t HRA nson u c r ~ ~~ Memo 70: Honorable Mayor and CityCvuncll ~~/~.,~1~~J. From: Jean Ward, HRA Executive Diredbr +'-jit~~ "" " Dates 3116/2005 U Ro: 1, Request to re-allocate ECHO discount funds and Affordable Housing Fees t0 the HRA entry cost assistance program as leverage for Rolling Meadows East CRV application 2. Request to approve revised City of Hutchinson Housing Rehabilitation Revolving Loan Fund Procedural Guidelines In 1999, the City Council approved Tending the ECHO program discount requirement and matd~ad funds with the Greater Minnesota Housing Fund. The Clty of Hutchinson provided $25,000 and the Greater Minnesota Housing Funds provided $25,000 for a total of $50,000 available. Both the ECHO and HRA entry cost assistance program are part of the Hutchinson Home Purchase Opportunity • Program (HHPOP) that has been develpped to assist eligible homebuyere In purchasing a newly oonstnacted home at Rolling Meadows, Islandvlew Heights, and now Rolling Meadows East. In evaluating the effectiveness of the overall HHPOP program, it Is evident that the ECHO progrem has been in place since 1999 yet only two ECHO loans have been originated. This is due mainly to the use end popularity of the CASA first time homebuyer mortgage program (The CASH progrem provides below market interest rate first mortgage financing currently at 5.25% tv frst-time homebuyers) and because the ECHO program cannot be used with fhe CASH program, due to ECHO program restridlons. Recently, the ECHO program has been revamped and no longer requires a discount. l7n September 11, 2000, via Resolution Nv. 11559 $40,000 out of $50,000 of the ECHO funds waB re- allocated to the HRA Entry Cost Assistance Program. All those funds have been used H the Rolling Meadows project Because cur HRA entry cost assistance program has been well utilized, can be used with the CASH program, and because the ECHO program no longer requires a discount, I am requesting that the remaining ECHO discount funds of $17,420 be re-allocated to the HRA entry cost assistance program. I am else asking that $9013.95 of the Affordable Housing Fees be re-allacated from fhe Wabitat Initiative for Building Garages to the HRA entry assistance program. In a telephone conversatbn with Judy Dinger of Crow River Habitat for Humanity, the Garage Initiatrve funding will not be used because they have received a grant of $80,000 from their governing Habitat office, which pnnvt be used with other governmental funding. Therefore, a total re-allocation of $26,430 Is requested. These funds will be used as leverage to the CRV affordability gap application to MHPA. For your information, I have endosed a spreadsheet of 2004 Year End City Housing Funds and HHPOP funds requested as of tlifs date. Second, the HRA Board recommends approval of the attached proposed loan criteria for the Revoving Housing Rehab Loan Fund Procedural Guidelines because the funds have not been used a6 anticipated using the current loan criteria. Since the Franklin Grove neighborhood will net use the L .J • Pape 1 5~~ funds and there are needs throughout the city, we recommend opening up use of the funds anywhere in the City of Hutchinson. In addition, even though we want the loans paid back eventually, it appears that a better model for using these funds is the MHFA Rehab Loan program, instead of the MHFA CFUF loan program. Our main goal will slit 6e to serve low and moderate-income people according m McLeod County median incgme guidelines and to preserve existing housing by bringing houses up to housing quality standards. (Exceptions may be made in emergency situations m only address the emergency, i.e. furnace replacement) In addition, as previously, these funds are intended to be used to augment other funding sources. The differences between the curcent aiteria and the proposed criteria is outlined as follows: Current Loan Criteria (Modeled after MHFA's CFUF1 • Targeted to the Franklin Grove Neighborhood Rehab Program • Amount: $fi,00D • 3% Interest Rate • Maximum tens of 10 years • Minimum Payment of $50.Op • Loan to Value ratio and pebt to Income Ratio same as CFUF • Must have good credit Proposed Loan Criteria (Modeled after pAHFA's Rehab Loan) • Available to Homes in Hutchinson as leverage to SCDP, CFUF, FUF and MHFA Rehab Loan with an optWn to give an emergency loan on a casaby-case basis. • Amount: $10,W0 • 'Deferred, p% Interest Rate • Term of the Loan; cv-terminus with Tirst mortgage, 30 yeah; or when the home is not the primary residence, whichever ocain; fast. • No Payments • No Loan to Value ratio and Debt to Income Ratio Maximum, no credit check • Must be current on Property Taxes and Mortgage Payment • Properties must be brought up to Housing C'uality Standards, except [n emergency situations, for example furnace replacement etc. • Properties, which have been previously rehabilitated with Revolving Rehabilitation Loan funds, are ineligible for five years after the mortgage date. The restdctians are in effect except In extraordinary arcumstances relating tq: 1. The property was damaged as a result of events beyond the control of the.applicant. 2. Repairs necessitated by a systems or structural failure. 3. Case by case exceptions may be considered and granted by the HRA Board. G:HRNDownpayment Assistance/Memo requesting re-allgcation of ECHO discount to HRA entry cost assistance • Page 2 5~g~ Resolution No. 12678 r~ L C~ RESOL[1TION APPROVING 12E-ALLOCATION OF ORIGINAL ECHO T)LSTCOUN'I' FUNDS TO THE HRA ENTIZY COST ASSISTANCE PROGRAM AND RE-ALLOCATION OF CITY HOUSING FEE FUNDS TO THE HRA ENTRY COST ASSISTANCE PROGRAM. WHEREAS, the ECHO program no longer requires a discount; and WHEREAS, the ECHO program cannot be used with the very popular CASA program; and WHEREAS, additional entry cost assistance is projected to be needed for the HHPOP program; NOW, THEREFORE, BE IT RESOLVEri, that the Hutchinson City Council approves the re-allocation of $26,A30 from the remaining ECHO Discount Fund and City Housing Pee Fund to the HRA entry cost assistance program. Adopted this Steven W. Cook Mayor day of 2005 Gary 17. Plotz City Administrator 5~~ C~ Resolution Nq. I2679 RESOLUTION APPROVING REVISED CITY OF HUTCHINSON HOUSING REHABILITATION REVOLVING LOAN FUND PROCEDURAL GUTAI;LINES WHEREAS, The Hutchinson Housing & Redevelopment Authority Board reviewed and approved the revised procedural guidelines at the November 2004 HRA Board meeting; And Whereas, The HRA recommends forwarding the procedural guidelines to the City Council for approval. NOW, TIIEREFORE, BE IT RESOLVED, that the City of Iutchinson approves the revised City of Hutchinson Housing Rehabilitation Revolving Loan Find Procedural Guidelines. Adopted by the City Council this day of 2005. ATTEST: • Steven W. Cook Mayer Gary D. Plotz City Administrator 5L~ • RESOLUTION NO.12675 RESOL11T1ON CIIANCING DEFERRAL STATUS OF ASSESSMENTS ASSESSMENT ROLL NO. SA-5029/SA-5029A WHERI;A$, the City Council adopted Resolution No. 11363, Resolution Adopting Revised Assessment on November 23rd, 1999. WHEREAS, the following pazcels had deferred assessments: City PID # 12-116-30-03-0050 - 4.71 Acres of W 1/2 NE 1/4 NW 1/4 Section 12-116-30 City PID # 12-116-30-03-0060 - 2.23 Acres o£ W 1/2 NE 1/4 NW 1/4 Section 12-116-30 City PID # 12-116-3D-03-0080 -1 Acre of W 1/2 NE 1/4 NW 1/4 Section 12-116-30 City PID # 12-116-30-03-0090 - Tract D of W 1/2 NE 1/4 NW 1/4 Section 12-116-30 WHEREAS, at the time of the adopfion of said Assessment Roll No. 5029, the assessments were to remain.deferred until property was sold or developed. WHEREAS, it has been determined that the original intent of the deferral was to leave them in a deferred status until such time as the properties aze split, developed or built on. NOW THEREFORE BE IT RESOLVED, the status on the deferred assessments herein • described shall be changed to read as follows: "SA-5029A -Deferred status until the parcel is split, developed or built on." Adopted by the City Council this 22nd day of March 2005 Mayor: Steven W. Cook City Administrator: Gary A. Plotz ~t~.~ C • Hutchinson City Center m tta~an street sx Hutchinson, MN 55350.2522 320.567-SY51/Fax 320.2344240 M. E 1YI 4l It A. N .i7 11 M TO: Mayor and City Council FROM: John P. Rodeberg, Director of Public Works RE: Consideration of Eliminating Deferred Assessment Rutz Plumbing and Heating (City PIIJ 32-117-29-115-0001) DATE: March 17, 2005 The noted property above includes a deferred assessment in the amount of $4,033.54 for storm sewer • improvements. Since the property is outside of the city limits, this assessment is shown as being defetxed until the property is annexed. It has now been sold, and questions regarding the appropriateness of the assessment have been raised (see attached letter). This assessment apparently relates to the Deferred Assessment Report completed by Marlow Priebe prior to his retirement. These assessments were placed on the property based on this report. Although this property does have some service from city-owned and maintained storm sewer systems, it is not a direct benefit and we question how the original amount was calculated. In order to clear up this issue, we are proposing to remove (eliminate) the current deferred assessment, and go through a hearing process in the future when the property is annexed and storm sewer improvements that clearly benefit the property are made. Attached is the proposed resolution eliminating the assessment, and we recommend its approval. cc: Krnt Eimer-City P.nginar . PatVandcrVeen-EngineeringSecrctary Rimed an mryNea pper- r / ~ l qit a,, .. ~. JENSEN & GORAON ATI'()RNEYS AT t.Aw 22NQRTI~~MA,IN HOTCHWSON, MINNBSgTA 55]50 Hs~~a.rnvssN DIANE G COR-ON December 28, 2004 lv1r. john F, ]todcberg Director of Public Works Ilutchinson City Center 11.1 Hassan Street S>~ T•Tutchinson, MN 55350 Re:: Deferred Assessment -City PID#: 32-117-29-15-0001• Dear Ivlr. Itodeberg: PIiONB~330/S!7.3p/6 FAX: ]30367.1061 Tltis office zepresents Rutz Plumbing & Heating. We received an Assessment Search (a copy of which is enclosed for your convenience) for the real estate owned by Rutz Plumbing & Heating. 'T'he Assessment Search indicates there are deferred assessments owing in the amount of $4,033.54. It.is indicated that the assessments are for storm sewer and that they will be deferred until the propezty is a~pnexed into the City. It is Yny understanding that the pzoperty is Currently ziot within the city limits. Further, the storm drainage runs into a file line which feeds into a county ditch and does not feed into the City storm sewer. We are requesting that these deferred assessments be eliminated at this time, Please review and get back to us at your earliest convenience. 'T'hank you for your assistance in this matter. You rQs. veery` truly, ~J~-r~t.L~ Diane L. Gordon DLG/see Enclosure pc: Dan K. Prochnow., Counsellor at Izw David Carlson, Rutz Plumbing & Heating su~i3-v..Pa 5c~) • RESOLUTION NO.12674 RESOLUTION DELETING ASSESSMENTS ASSESSMENT ROLL NO. SA-86A WHEREAS, Rutz Plumbing & Heating is the owner of the following described real estate: City PID #132-117-29-15-0001 - A Tract in Section 32-117-29 WHEREAS, said properties are presently subj ect to Deferred Assessment Roll -- SA-86 in the amount of $1,950.00 ($4,033.54 with interest through 12/30/2004). WHEREAS, it has been determined that there is no direct benefit to the property at this time. New siorm sewer assessments may be considered in the future. NOW THEREFORE BE TI' RESOLVED, the assessment herein described is hereby deleted fxom said property. Adopted by the City Council this 22nd day of March 2005. C~ Mayor: Steven W. Cook City Administrator: CYary D. Plotz • ~c~,~ l J Hutchinson Cit Center C 111 Haseao Street S6 Autchine°n, MN 553562333 326587.5]51/Fax 326234.4240 O R A N D ~T M. TO: Mayor and City Council FROM: lent Exner, City Engineer RE: Consideration of Approving 2005 lmprovemept Project Testing Agreement with Braun lntertec DATE: March 14, 2005 Braun Intertec, a regional consultant specializing in geotechnical engineering, has provided the City with engineering, environmental and construction mattrial testing services duringrecent constructon seasons. This testing is necessary to ensure that acceptable materials and methods are provided by the respective contractors on City improvement projects. When State and Federa] funding is utilized, a detailed schedule of quality control and assurance must be Followed throughout the construction process. Specific project requirements determine the amount of testing services needed W complete and document the construction materials and methods. Braun Intertec has proposed to provide services to the City at the reduced rate of 90% of their current 2005 Schedule of Charges (see attached proposal and schedule), Due to the significant amount of construction that the City has programmed for this summer, we anticipate the total cost of these services will exceed $15,D00. City staff does periodically request proposals from other geotechnica] firms to confirm that beneficial pricing is being provided for these services. This work is accounted for within each improvement project's budget. We recommend approving the 2005 Improvement Project Testing Agreement with Braun Intertec. cc: Gary Plotz - cyty Arh~nistratat John ]todeberg - Airector of Public Works Rinud on ~acyclad peer. 5~ M E M SRAUH INTERTEC ivxareh 1, zoos Mr. Kent Fxner City of I-Iutchinson 111 Hassan Street Southeast Huichinsun, MN 55350-5222 Dear Kent; Braun InlrrMc Corpowl'gn 1520 24th Avenue N P.O. Box 189 St Cloud, MN 56302 Phone: 3 20.2 5 3.9940 Fox: 320.253.3054 Web: 6raunlmertec.cam proposal sc-os-soo As requested, Braun Interiec Corporation is pleased to present this proposal for providing engineering, envirunmental, and construction materials testing services during the 2005 construction season. Braun Interiec has been pmviding engineering and envimnmental services for the City of Htrtchinson far a nurnber of years. We greatly appreciate our relationship with you and the City and look forward to continuing working with you on your upcoming projects. As previously discussed, we would provide engineering, environmental and construction materials testing services for the City of Hutshinsan at a reduced rate of 90 percent of our current 2005 Schedule of Charges. Services would he provided in accordance with our General Conditions, which are a part of this contract. We appreciate the opportunity to present this proposed contract to you. It is being submitted in duplicate so that, if it is acceptable to you, one copy may be signed and returned as a written authorisation W proceed. If there are any questions on this proposed contract, please contact us at (320) 253-9940 or (800) 828-7344. Sincerely, BRAUN 1N'I'ERTEC CORPORATION /'" Thomas L. Henkemeyer Associate Principal Attachment: General Conditions Providing engineering and environmental solu[ions since 195\7 ~~~ ~ ) City of Hutchinson Proposal SC-OS-SOD March 1, 2005 Page 2 • C~ Authorization to Proceed: Please proceed according to the above stated terms and General Conditions: Date Client Name Authorizer (Please Print) Authorized Signature Title :wpdatslpraW5~5D0 . 5t,) L General Conditions Dar agreement with yen consists of these General Conditions and the accompanying writtrn proposal or authorization. Sectlon 1: Our Respvnsibilitid L1 We will provide the professional services specifically described in our written agreement with you. Yvu agree that we are net responsible For professional 6ervices that sre not fairly included in uur specific undertaking. Unless otherwise agreed in writing, ell of our record findings, opinions, and recommendations will be provided to you in writing. You agree not m rely on oral findings, opinions, or recommendations without our wrinen approval. 1.2 In performing our services, we will use that degree of care and skill ordinarily exemiaed under similar circumaunces by reputable members of our prafasaion precdcing in the same locality, if you direct ua to deviau from cur recommended procedures, you agree m bold us harmless from ell claims, damages; and expenses arising out of your dirxiion. 1.3 We will reference our field observations and sampling m available TeferenCe pDrnta, but We Wlll tlOt Snrvey, ae. ar check the eccureey of those poiou unless we accept that duty in writing. it is undcntvod that locations of field vbaorvatiane yr sampling dcscribad in our upon or shown an cur aktachas arc based on informstion provided by Others or estimates made by om personnel. You agree that such dimensions, depths, of elevations are approximations unless specifically stated otherwise in the rcpoR Xou accept the inherrnt risk that samples ar abservationa may not be representative of things not sampled or seen and, further, that siu conditions may change over time. 1.1 Om duties do not include supervising your contractors ar commcntiag on, overseeing, ar providing the means and methods of their work, unless we accept such duties in writing. We will not 6e responsible far the failure of yew contractors ro perform u accordance with their undertakings, and the providing of om scrvice6 will not relieve others of their rcapvnsibilities rayon or u others. 1.5 We will provide a health and safety progrcm for our employees, but we will nm be rcaponsibla for contractor, job, or siu health or sefaty unlasa we ttCCCpt that duty in writing, 1.6 Our estimaus of constmctivn or rcmcdiation costs will be based on informa- tion available to us and on our experience end knowledge. Such estimates arc an exercise of our professional judgment and arc not guaranteed yr warranted. Actual costs may vary. You should allow a contingency in addition m estimated caste. Sce[lon 2: Your Responsibilities 2.1 You will provide access to the siu. In the coarse of our work some siu damage is normal even when due cart is exercised. We will use reasonable cart m minimize damage tv the siu. We have nm included the coat of restaretion of normal damage in the astimatcd charges. We will correct normal darnega at your direction end expanse. 2.2 You agree m provide us, in a timely manner, with information that you have regarding buried objects at the siu. Until we have completed our work, you agree to provide us with all of your plans, changes in plans, pnd new information u ro siu conditions. We will nrn be responsible for locating buried objects a the siu unless we accept that duty in writing. You agree m hold us harmless from all claims, damages, lasses, and related expcnee6 involving buried objecu of which you had knowledge but did not timely call m aw attention ar correctly show vn the plans you m vthere on your behalf furrtiehed m us. 2.7 You will 6e responsible for the cooperation of your employees and your contractors in observing all radiation safety standards after we~notify you that radiographic or gamma my equipment or another nuclear testing or measuring device will be used. 2.1 You will notify us of any knowledge or suspicion of the presence of harardaua or darrgaroua materials in a sample provided to us. You agree m provide us with infannation in your possession or Control relating m conumination at the work siu. If we observe or suspect the presence of conraminrnta not anticipated in our agreement, we may terminate our work without liability m you or to others, and we will be paid for the services we have provided. 2.5 Neither this agreement nor the providing of services will opcrau m make ua an owner, operemr, grnerctor, transporter, htaur, arorer, ar a disposal facility within the meaning of the Resource Conservation BRauN INTERTEC Recovery Act, as amended, ar within the meaning of any orbs law goveroirrg the handling, treatmem, storage, ar disposal of hazardous materials. Yvu agree to hold us harmless and indemnify ua from any such claim or lass. 2.6 brining, well installation, and remediation servieea may involve risk of cross-contamination of previously uncontaminated air, sail, and water. If you arc requesting that we provide services that include this risk, you agree m hold us harmless and indemnity us from croas- cvntaminativn claims and damages, unless the loss is caused by our negligence. 2.7 You agree to make disclosures required 6y law. In the evam you do not own the siu, you acknowledge that it is your duty m inform the owner of the discovery ar release of conuminants u the siu. You agree m hold us harmless and indemnify us firm all claims rclaud ro disclosures made by ua thst ere required by law end from all claims related m the infomilng m failure tp inform the siu vwnar of the diacmery of conteminrnta. Sectlon 3: Reports and Records 3.1 We will furnish reports m you in duplicau. We will retain analytical dau for sevrn years and financial data for three yesra. 3.2 Alt samples remaining after nets ere conducted and field and laboratory equipmrnt that camu7t be adequauly cleansed of rnntaminants ere and cvminue m be your property. 711ey will 6e discarded or returned m you, at our discretion, unless within IS days of the rcpoR dsu you give uB writlrn direction m store ar transfer the materiels st yqur expense. 33 9trr reports, noun, Calrnleriona, and other dacumrnu and dw computer soAwarc and dsie ere inslrumcnts of our service m you, and they remain our property but arc aubjact to s license m you for your use m the related project fm the purpvaw disclosed m ua. You may not hartsfer our reports m other or use them fur a purpose far which they were not prepared without our written approval, wbieh will rat be unreasonably withhold. At your reques4 we will provide rndorsemante of out reports O< klrcrs of mliaace, but arty if the recipimu agree m be bound by the tetras of our egrxment with you and only if wt one paid the administrative fee stated in our then current Schedule of Charges. pmnid;ng e„Qinesring end emd+annerud rdutivrts skre ! 957 5 CJ~ • r~ iLJ CJ 3.4 If you de ram pay far our services as agreed, we may retain all work not yet delivered to you and you agree to return to us all of cur work that is in your pnsaesaion or undo your control. You agree nut to use or rely upon our work far any purpose whatsoever until it is paid for in full. Section 4; Compensation 4.1 Yeu will pay far services ea agreed upon or aecoMing to cur then current Schedule of Charges iftherc is no other written agreement as to price. An estimated cost is nut a firm figure. You agree to pay all sales taxes and other taxes based an your payment of our compensation. Our performance is subject to credit approval end payment of any specified retainer. 4.2 You will notify ua of billing disputes within 15 days. You will pay all undisputed portions of invoices on receipt. Yvu agra tp pay interest on unpaid balances beginning 30 days after invoice darts at the ram of I.S% per month, but not tv exceed the maximum rate alkwed by law. 4.3 If you direct us to invoice another, we will do x, but you agree b 6e responsible for our cvropensation unless you provide w with that person's written acccptancc of all teens of our agreement and we agree tp extend credit to that person and to relcax you, 4A Yon agree tc compcnsata ue for our rcasoneble Feea and cxpenae6 if we are required ro respond tp Icgel process arising oat of a proceeding related ro the project and es ro which we are not a party. 4.3 If we arc delayed by factors beyond our cvrmol, yr if project conditions or the scope or amount of work change, or if changed labor union conditions result in increased costa. decreased efficiency, err delays, yr if the 6mndarde or methods change, we will give you timely notice and we will receive an equitable adjustment of out compensation. If yon and we do ram reach agreement on such compensation within 30 days vFaur written application, we may tcrminak without liability m you err others. 4.6 If you fail tc pay ua within 60 days following invoice date, we may consider the default a total breach of our agreement and, at our option, tcnninam all of our duties without liability to you or to others. 4.7 In ovoaidemtion of our providing insurence m cover claims made by you, you hereby waive any right of offset as m fees duo ua. Seetiop 5: Dlsputei, Dameger and Risk Allocation 5.1 Disputes will be submitted m Alternative pispute Resolution (APR) as a condition precedent to litigation. Each of ua will exercise good faith efforts to resolve disputes through a mutually acceptable ADR procedure. Collections will not be submitted to ADR. 5.1 We will not be liable for special, incidental, consequential, or punitive damages, including but not limited ro those arising from delay, lass of use, loss of profits or revenue, loss of financing commitments yr fees, or the cost of capital. 5.3 We will not be liable for damegas artless suit is commenced within two years of the date of injury or loss or within two years of the date of the completion of our services, whichever is earlier. We will not be liable unless you have notified ua of the discovery of the claimed breach of contract, negligent act or omission within 30 days of the date of diacavery and unless you have given us an appruntrtity to investigate end m recommend ways of mitigating damages. 5A For you ro obtain the benefit of a foe which includes a reasonable ellvwanca for risks, you agree that our aggregate liability will not exceed the foe paid for our services err 550,000, whichever is gmafcr, and you agree tv indemnify us from all liability to others in excess of that amomf If you ere unwilling tv accept this ellacatioo of risk, we will irlClvase our {,ggregau liability m S 1110,000 provided that, within 10 days of the date of Chia agreement, you pravidc payment in en amount that will increax our fees by 104'e, but not ksa than 5500, tv cvmpcnsate ua for the grcuer risk undertaken- This increased fee is not The purohase of insurance, 5.5 If you do not pay us within 60 days of invoice date, m if you make a claim against us that i6 resolved in our favor, you agree m reimburx our expenxa, including but not limited m attonury fees, stafftime, expeA witness fcea, and other casts of collection or litigation. 5b The law of the stem in which our servicing office is locakd will govern all disputes. Fach of us waives trial by jury on our own behalf end on behalf of our subcommctors and assigns. Seetiop 6: General Indemnlllcation 6.1 We will indemnify and hold you harmless from and against demands, damages, and expenses to the comparative extent they ere caused by our negligent acts m amiseiona or those negligent acts or omissions of persosta for whom we arc legally responsible. You will indemnify and hold us harmless from end against demands, damagd, and expenses m the comparative extern they arc caused by your negligent acts or omissions or those negligent ecru or omissions of persona for whom yea arc legally responsible. 6.2 To the extent it may qe necessary ro indemnify either of na under Section 6.1, yvu and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 6.3 You agree to indemnify us against all loss and coats arising out of claims of patent or copyright infringement u m any process err syaeem thu is apccifiad or retested by you or by others vu your behalf. Seedou 7: Mlxellaneoas Prevltlaga 7.1 We will provide a certiFicate of insurance m yvu upon raquwt. T.2 This pgreemem is our entire agreement. It aupersedee all prior agrccmenta. Il maybe modified only in a writing making specific reference W the provision modified. 7.3 Neither of us will e6atgn m transfer any inrereet, arty claim, spy coax of action, err any right against the other ands[.this agreemem. Naithtr of us will e~ign ix otherwix trcnafcr or encumber any pracoeda err axpactcd prpeeeda or compensation Gom the projector project claims to any third person, whether diratly as ere collateral or otherwiae.~ 7A Thi6 agreement maybe tarminatcd early only in wrieirtg. Wa will raceiva an equitable sdjuahnmt of our compensation in the event of early termination. 7.3 It is cusmmery for the wnsultant that provides design rccammenduiona tv be retained m provide observation and relamd 6etvices during construction or remediatian work. If we ere not retained to provide continuing services, you agree m hoW ua hemtksa from all claims, losses, and expenses arising out of any interpretatiopa, clarifications, aubstltutions, or modifications of our work provided by you err others. Revised 3-1-03 5J~ B RA1~ N~~ INTERTEC Schedule of Char es effective 7anua 1 200 Braun Intertec Corporatlou Braun Intertec Great Lakes, Iuc. r~ service Location. Minnespolie, MN St. Paul, MN AlUertville, M1iTI Elaine, MN Hi66ing, MN f.akeville, MN Rachesce, MN St Cloud, MN Fargo, NA Eiamarck,lVD . Devon, M] ~~~~ • Geotechn1ca15ervices 1002 Drill Rig and Personnel Charges (1) 1023 well pmtecton (famish and install), per (I) . 8 h l l i well ours or ess an ar-t me ( Hourly rafts apply for regu 1024 California sampling tubes, each 12.00 weekdays). Hourly rates do not include truck w cattier rental or use, supplies consumed in drilling w 1) abandoned in test holes (when more economical than 1025 Bore hole abandonnneny per foot ( recovering supplies at normal hourly rates), or per diem expenses on projects more than daily travel distance 1026 Famish and install benmnite seal (1) from location where equipment is based 1027 Well abandonment, per foot (1) 1004 Tmck-or skid mounted drill rig taking penetration test borings (ASTM p 1386) w 102g patch friction-cane soundings, per hour 18.00 power auger borings, using solid ar 2-tl4" w 3-1/4" inner diameter hollow stem augers 1029 Standby time, Per hour (1) or rotary drilling methods, includes: crew chic( drill rig assistant, truck and auxiliary truck, per how 180.00 1030 Vene sheer test (AS'fM D 2373), per hour 9.90 1005 Drill crew or two-person field crew travel 1032 Elecaical resistively testing, per hour ~ ] 5.20 . time [o and from site, surveying, locating f t l (1) utilities, taking hand auger probing or other 1033 oo ing, per Mud rotary dril field teats, per how 148.00 1043 Split spoon sampler, each (1) 1008 CME 43 drill rig taking power auger borings ' (ABTM D 1432) for sail classification and 1045 Rock coring, per shot (1) water level determination only, with crew chief and drill rig assistant, per how 148.00 I p40 Pressure teeter equipment, per day 313.00 Additional crew person -when special conditions 1041 Pressure meter testing, per teat 75.00 require (in addition to howly charges of"1004^ • through"1008" above): ~ 1042 Surcharge far use of 6-1/4" inner dwtoeter per hour hollow-stem auger 32.00 1014 Regular time basis, per hour Sg,Op , I D44 Surcharge for continuous rube sample 1016 Overtime basis, how Pa 73,00 system (2-1/4" x 3"), per how 32.00 1018 Overtime addition to all two-person 1047 Decontamination (1) operations for work on Saturday w in excess of 8 hours per day on weekdays, per how 38.00 Truck Rental, Mileage, Other Expeoae CharQta and 1019 Overtime addition ru all two-person crew Miseellaaeooa Services operations for work an Sunday, per how 81.00 1034 Mileage for auxiliary irnck for iranaporting craw and auppliee, per rrdle 1.20 1007 Soil borings, 3 1 /4-inch HSA and sampling, per foot (1) 1060 Mileage for drill rig truck, per mile I.50 IOl l Well materials, per foot (1) 1062 Additional for off-road drill rig tamer, per 1012 Soil borings and well installation, 4 1/4-inch h~ 32.00 H8A and sampling, per foot (1) 1063 ~,_~y trauor/treilw to haul 1062, round 1013 Riser ipe (furnish and install), per foot P (1) 1066 I~.aw-boy hactor/ereiler m haul 1062, per 370.D0 ~)e 2.40 1 Ol5 Well sweep (furnish and install), per foot (1) 1067 I.aw-boy aactw/trailer-standby, per day 110.00 1020 Bentonite sea! (famish and install), per Coot (1) 1068 Material far specialized unrecoverable installatrons such as piezorttetera, 1 D21 Tremie grout annulus with neat cemetrt monitoring wells, well-points, settlemmtt Smut, per foot (I) Plates, etc. Rental afroad siS,rs w equipment, special insurance, permits. 1022 Thin-walled sample rubes (ASTM D 1387), Consumable supplies such as roller bits, each 32.00 drilling fluid additives, grout, level BAD protection, etc. Cost + 0.8 ~ See Page 14 January 1, 2003 Pam _ . (l) Quored on an individual hasia. -//l ,- 1~,~ r 1072 Subcontracted specialized services such as snow plowing, grading for access, towing, etc. ~ Cost+0.8 1074 Welder ar shop person on fabricating, assembly, yr loaded of specialized equipment, pal' hour 69.00 1076 Weldtt in field, includes portable welding equipment, truck rental, acetylene, per hour plus mileage 116.00 1087 Mabilization/Demobilization ($300 min.) (1) Steam Cleaning, 1080 Steam cleaning of drill rig and tool, per scram 756.00 1083 In-field steam cleaning, per hour 126,OD Laboratory Testa ot5alla 1132 Maisnrre content (ASTM D 2216) 12.00 1134 Moisture content and density 33.00 1136 Atterberg Limits: LL and PL (ASTM D 4318) 83.00 1157 Anerbcrg Limits: I-I, and PL (AASHT'O T89 and T90 and Wet Preparation (pA5HTD T14fi) 109.00 Grain Size Analysis 1 ] 62 Sieve analysis through No. 200 Sieve (ASTM C 136, D 1140 yr G 117) 100.00 1186 No. 200 only (ASTM C 117 or D 1140) 36.00 1170 Hydrometer analysis only (AST'M D 422) 79.D0 1172 Mechanical (sieve-hydrometer analysis (ASTM D 422) 131.00 1174 Organic content (ASTM D 2974) 36.00 i 176 Specific gravity of fino-grained coils (ASTM D 854) 97.00 PermahWty 1180 Granular soils, less than 10 percent fines (A57'M D 2434) ~ 268.00 1183 All other soils (ASTM D 3084, EPA 9100, or COB undisturbed sample, includes extrusion) 388.00 1 I64 Permeability tearing with pemxants ~ (1) • Sae Page 14 (Il Quoted on m individwl baize. 1185 All other soils (ASTM D 3084, EPA 91(10, or COL remolded sample, does not include Proctor) .~ 464.OD Strength and Compressihilliy Testlne 1186 Unconfined compression (ASTM D 2166) 69.00 1190 Direct shear, granular soil (per normal load) (AST•M D 3080) 203.00 1192 Direct shear, cohesive soil (per normal load) (ASTM p 3080) 268.00 1196 Consolidation testing, one-dimensional (strain vs. pressure curve only) (ASTM D 2435) 3~-~ 1198 Consolidation testing, time-mte (o-log p curve, time-deflection curves, and cv, Pc, and Cc values) (ASTM D 2433) ,430.00 pne DLnenslanal Swell Teat 1202 Maximum swell pressure (ASTM D 4546) 23Z•OD 1203 Percent swell (ASTM D 4546) 260.00 Triaxial testing (Per confining pressure, remolded or extruded, does not include Proctor): 1206 Unconsolidated-Undrained (ASTM D 2830) 388.00 1208 Consolidated-Undrained (includes pore- pressure measurements) (ASTM D 4767) 464.00 1207 Consolidated-Undmined (without pom- pressure measurements) (ASTM D 4767) 373.00 1210 Consolidated-Dreinad (includes pores pressure measurements) 613.00 1211 Consolidated-Drained (without pore- pressure measurements) 330.OD Corrvalao Potential and Miacellaoeora 1214 pH dttemdnation (ASTM 0 31) 16.30 1216 Electrical resistively of sails (ASTM G 37) 36.00 1218 Oxidation-reduction 47.00 1220 Suli§te (concrete) 26.00 1222 Sulfide (melds) 43.00 1226 Topsoil testing, MN/170T 3877A (without nutrients) 184.00 1228 Topsail testing, MNDOT 38778 (with nutrients) 232.00 Jmwry t, 2005 ~3 5~~~ • C~ • 1229 Topsoil oaring, nutrients ~ 47.00 1347 Static or eyclic load testing (compression, tension with environmental control) (1) 1230 Specialty testing (1) Concrete 1232 Sample preparation, per how 58.00 1356 Theoretical concrete mix design based on 1234 Extrusion ofthin-walled tube 22.00 ACI 211 (does not include laboratory testing of materials, trail botching or review of 1236 Surcharge for cantaminaud soils (1) historical data), per mot (1) 1358 Laboramry trial batch concrete mix design Constructlon Testin and Observatlooa g (does not include laboratory testing of materials ar concrete cylinder compression Earth work (excavation observation, compaction control hats) (1) testing, special foundation installations) 1360 Special inspection and other on-sits 1304 Engineering consulting services as in section observation services- Hourly rates as shown e i l d il •" " (1) ~y00r" (1) m eag c e an , plus veh 100 in section 1306 Special inspection and other on-siu 1361 Quality control testing for concreu observation services. Hourly rates es shown placement activities. Wourly rates ea shown in section "100+", plus vehicle and mileage (1) in section "100'", plus vehicle end mileage (1) 1307 Quality control testing for earthwork 1„aboratory moistcuring of concrete delivered to activities. Hourly rates as shown in section laboratories: "1 ODr",plus vehicle end mileage (1) 1369 Compression usting 4x8" cylinders 1308 Nuclear moisnue-density meter charge in (AS'TM C 39) and concrete unit processing, addition m hourly rates N section "100*," handling and mold (cast by Braun Intertec), per hour 24.00 per unit 20.20 1310 Field laboratory rental including utilities, if required (1) 1314 Compaction Teat, Sand-Cane Method (ASTM D 1556), or Nuclear Method (ASTM D 2922) (normal conditionaNplua standby, travel time and vehicle charges), ~ test 33.00 1318 Standard Proctor ust (ASTM D 698) 1320 Modified Proctor test (A5TM D 1557) 1322 Onapo(m Proctor check 1324 Maximum-minimum density of cohesionless soils (ASTM ^ 4523, D 4254) Deep Foundation and Vlbrstlon 1340 Special inspection of pile or drilled shaft installation. Hourly rates as shown in sectron "100*^, Plus vehicle and mileage 1342 Pile Chiv(ng AnalyyerT"° equipment renml, Pd' daY 1343 Wave Equation analysis 1344 CAPWAPanalysis 133.00 145.00 73.00 232.00 (1) 915.00 219.00 450.00 1346 Seismographic equipment (reduced weekly and monthly rates for continuous service), .day 141.00 • 5a Page l4 (1) Quv4d on an individual lxui~. 1364 Compression testing 6x12" cylinders (ASTM C 39) and concrete unit processing, handling and mold (cast by 13raun Intertee), ~, unit 22.20 1363 Compression testing (p57M C 39) (cast by othare), per unit 1366 Accelerated curing and testing (ASTM D 684), per unit 1367 Standard curing and seating of flexural beams-includes mold rental attd cleanup (ASTM C 78 and ASTM C 293 per unit 1368 Splitting tensile strength of 6^ x 12" concrete cylinder o[ concrete cares (A51'M C 496), per sample 137 t Dry unit weight (ASTM C 567), per unit 1372 Specific Gravity and voids (ASTM C 642), per unit 1376 Concrete cylinder pickup, por stop 1378 Concrete cylinder pickup, par hour 1380 Sawing of canraete unit (ASTM C 31), per cut 1382 Lapping (grinding) of concrae unit cylindw, per cut 24.00 62.00 90.00 68.00 54.00 165.00 37.00 49.00 B.80 42.110 Januuy 1, 2001 yl `~ 4 ~. L r Concrete eylindcr molds (includes labels and derA slips): . 1366 Concrete cylinder molds, each " " " " 2.30 1392 4 x 4 cippoc molds, each 24.00 1394 Rental of steel mold, per use 22.00 1395 Specialty mold rental (cubes and beams), per use ~ 37.00 1396 Concrete tylinder "hot box". during winter construction, per month 73.00 1397 Compressive strength of cippocs (ASTM C 873) 58.40 1398 Concrete coring~ortable core drill with diamond bits az 2- to 12-inch diameter, crew. Excludes mileage, truck rental and bit wear (3-hour minimum), per hour 147.00 1405 Hit wear and patch material, per core 14.20 1400 Care truck, Per day, Plus mileage 95.OD 1401 CDmpre861ve strength Df COnCCMe cores including physical measurements and trimming, ASTM C 42, each 73.00 PetrognphM 2101 Petrographic analysis of concrete (ASTM C 856 per sample 768.00 2102 Hardened air content analysis (ASTYvi C 4S7), per sample 333.00 2103 Esdmated hardened air content (Abbreviated ASTM C 437), per sample 296.00 2104 Petrographic analysis of coarse aggregate (ASTM C 293), per sample 1,b78.00 21D5 Petrographic analysis of fine Aggregate (AS7'M C 293), per sample 1,634.00 2106 Petrographic analysis of mortar (AS1M C 1324), per eattrple 1,336.00 2107 Scanning Electron Mitroscopy/EDAX (1) Masonry Concrete Masonry ilnita - Stazrdard: 1445 Special inspection and other on-site observation services. Hourly rates as shown in section "100'",plus vehicle and mileage (1) . 1403 Compressive strength (ASTM C 140) RWU, each 36.00 • SEC Page 14 (l) Quoted on an individual bait 1404 Compressive mrngth (ASTM C 140), Black, each 1402 Absorption of RWU (ASTM C 140), each ]406 Physical measuremrnts and absorption (A57M C 140), each 1407 Nct arcs determination (AS7'M C 140), each 1408 Brick prism assembly (ASTM C 131 b, E 447), each 1409 Compressive strength -Hollow block prisms (ASTM C 1314), each 1411 Compressive strength -Grout block prisms (ASTM C 1314), each 1412 Compressive strength -Grout (ASTM C 1019), each 1421 Linear shrinkage (AS'IM C 426), each 1424 Freczd7'haw of RWU (ASTNI C 1262), per sat of S 1426 Fire rating (UBC or NCMA), each 1413 Freezdthaw of brick end concrete pavers (A5TM C 67), per set 1414 Specialty testing of brick or block 1410 Modulus of rupture, per eat 1415 EHlorcscence of brick or masonry units (A57M~ C 67/C 216), per act of 10 eamplea 1416 Initial rate of absorption (ASTM C 67/C 216), per set 1417 Compressive strength (AS7M C 67/C 216), Per ~ 1418 Absorption and saturation coefficiwt (ASTM C 67/C), per set 1419 17imensional analysis (ASTM C 67/C 216), Pa ~ 1423 Warpage (ASTM C 67/C 216), per set 1420 Standard brick testing (ASTM C 67/C 216), per set (does not include freeuJthsw and dimrnaional analysis testing) 5pecial4' Concrete 1423 Length change (pSTM C 67), per set of S samples 1427 Locate reinforcing steel, Pachorttetar, per hour 36.00 47.00 49.00 36.00 g l.oD 137.00 143.00 48.00 373.00 648.00 la.zD 712.00 (I) 213.00 144.D0 143.00 129.00 184.00 179.00 213.00 721.00 377.00 90.00 ]muary 1, 2005 S 5~j~ F 1433 Rental of Windsor probe, Schmidt Hamner 1481 Compressive snength of cement riwrfer or profometer, per day 73.00 cubes (ASTM C 109), per unit 20.20 1437 Length change ofhardencd concrete ]482 Density of hydraulic cement (ASTM C 188), • (ASTM C 157), per set of 3 samples 456.00 per sample 115.00 1438 Computer analysis of cvnncte cylinder 1484 Time of setting of cement paste by Vicat strength (ACI 214), per mix 426.00 Needles (ASTM C 191), per sample 149.00 1441 Rapid freeze/thaw (ASTM C 66fi), per set 732.00 1486 Early stiffening of Portland em~mt (ASTM C 359) Mortar Method, per sample 135.00 1448 Chloride ion concentration (FHWA), per sample 44.00 1488 Early stiffening of Portland cement (ASTM C 359) Paste Method, per sample 142.00 1449 Acid soluble chloride ion, per sample 59.00 Mortar 1450 Bulk sample preparation, pa sample 84.00 Compressive strength of 2" x 2" mortar cube 1456 Rapid chloride pnmeability (ASTM (ASTM C 109): 1202/AASHTO T 277) first specimen, each 399.00 1490 Field cast, each 20.20 1456 Rapid chloride permeability (ASTM 1202/AASHTO T 277) each additional 1492 Laboretory cast, each 24.00 specimen in single set up to 4 total specimens. wo~h 40.00 1493 Cvmproasian testing of cylindrical mortar apecimeos (ASTM C 780), each 20.20 1459 DifAtaivity detemdnetion, section method, each 620.00 1494 Mortar for unit masonry (ASTM C 270). Per sample 335.00 1436 Rental eF V-r»eter, per day 333.00 1495 Mortar mixture deai~t, each 67.00 1462 Ultrasonic tes4ag of concrete (ASTM C . 597) (1) 1464 Rapidaetgrout 34.00 1463 Adiabatic heat measurement (does not Bond 8ttengtlr of Mortar to Masotuy Unite include trial batchittg), per mix 575.00 (A$TM C 952): 1466 Setting time (ASTM C 403). per sarrgde 248.00 15110 Hrick (laboratory cast). each 79.00 1467 Modulus oFelasticity of connate (ASTM C 1501 Brick (field cast), each 42.00 469), per unit 385.00 1502 Hlock (laboratory caat~ each 213.00 1468 Modulus of elasticity and Poisson's Ration dctcmunation of connate (ASTM C 469), 1503 Black (field cast), each 115.OU per unit 433.00 Flexural bond strength of brick units (ASTM B S 18): Cement ] 506 Field cast, each 129.00 1472 Time aF Setting of Gerrratt Paste by Gillmore Needles (ASTM C 266), per 1507 Laboratory cast, each 20'L•00 sample 213.00 1510 Water retention (ASTM C 9l), per sample 145.00 1474 Air content of cenxrtt mortar (A51M C 185), per' sample 122.00 Flexural bond attength of brick units (ASTM C 1072): 147fi Fineness of cement by air pem«•ability i 256 00 (AS•1'M C 204), per sample 64.00 sm ] 516 Prism testing, per pr . 1478 Fineness of cement by the No. 325 sieve 1518 Prism conatntetion, par prism 142.00 (ASTM C 430), per sample 71.00 . 1480 Casting of mortar cubes, laboratory mixed (does not include mold rents) and cleanup) (A51M C 1 D9); set of 6 142.00 + Sa rigs l4 January 1,2003 (1) Qaated an an individwl baaia. P 6 5C)~ Bitumi nous Soil and Aggregate Testing for Concrete, . ~ Bituminous, RvvTing, etF 1524 Engineering analysis (minimum), pet mix . design 155.00 1684 Lightweight panicles (ASTM C 123) 61.00 1525 Sample preparation, per hour 58.00 1685 Lightweight panicles (ChM) 112.00 1526 Marshall design point 155.00 1686 Spall material (MN/DOTj 98.00 1528 Rice specific gravity (ASTM D 20d1) 61.00 1688 Percent crushed (MN/DG1) 61.00 1529 Gyratory design point 175.00 1692 Coarse aggregate specific gravity 62.00 (ASTM C 127) 1530 Asphalt content(ASTM D 217716307) 116.00 1694 Fine aggregate specific gravity 94.00 1532 Extracted aggregate gradation (ASTM C 128) (ASTM D 5444) 79.00 1696 Vacuum saturated specific gravity 121.00 1534 Marshall stability and flow (set of 3) (!A IM 380) (ASTM D 1559) 47.00 1698 Abrasion (ASTM C 131, C 333) 100.00 1538 Marshall density testing, single specimen (ASTM b 1559) 68.00 1700 Soundness (ASTM C 88}-5 cycles 249.1)0 1540 Marshall density testing, triple specimen 1702 Flatness and elongation (A5TM D 4791) 73.110 (AASHTO 7245) 94.00 1703 Flakiness index (BS 812) 122.00 1542 Thickness and density of pavemeat cme (ASTM D 2726) 39.00 1704 Potential reactivity (ASTM C 289) 952.00 1544 Moisture suacephbility of bihuninow 1429 Potential reactivity (ASTM C 1260) 627.00 (ASTM D 1075) 249.00 1705 aggrcgatc panicle shape (AASHTD F i n 1345 Permeability of asphalt stabilised base 203.00 p 3 ~ ~•~ 1332 Bituttdnoua coring-portable core drill with 1706 Unit weigh (ASTM C 29) 56.00 diamond bits at 2- tv 12-inch diameter, crew. Excludes mileage, truck rental and bit ~ 1708 Mill abrasion (RR) 100.00 wear (3-hour minimum), per hour 147.00 1712 Moisture content (ASTM C 366) 16.30 1533 Bit wear and patch material, per con 14.20 1714 Hardness (Mob's Scratch) 61.00 1558 Lattman stripping (AASHTO 7263) 267.00 _ 1716 C7genic impurities (ASTM C 40) 47.00 1562 Laboratory mix design (Marshall) (1) 1718 Clay lumps (ASTM C 142), per size tested 99.00 1563 Laboratory mix design (Gyratory) (1) 1720 Freeze-thaw (AASLfI'07103) 247.00 1564 Field process control testing (1) 1723 nsoluble residue (MN/DUT), physical 1566 Sample bags (minimum 50 bags), each 1,10 i eating 140.00 1567 Resilient modulus of bituminous, per wrc (1) 172q Insoluble residue (MN/Dp'>7, chemical treatment 140.00 1368 Gyratory gravity (AASHTO 7312) 139.00 1732 Hveem stabilometer R-Value (MN/DO'1) 1569 Mobile laboratory rental p) (does not include proctor or classification tee) 347.110 1377 Profilogrcph (1) 1734 California bearing ratio, per molded . specitnett (ASTM D 1883) 229.00 • See Pap: 14 (1) Quvtcd m an individwl ltaaia. ]anwry1, 2003 Pape 7 ~~ 1736 Sample preparation, per hour ~ 54.00 Fire-Resistive Materials 1736 Sample crashing, per hour 68.D0 1781 ~ Special inspection and other on~ite observations or testing. Hourly rates es • 1739 Resilient modulus of fine grain soils shown in section "1qD'", plus vehicle end 1 (molded) 370.00 mileage ( ) 1760 Resilient modulus of soil thin wall tube 340.D0 1784 Thickness/Density,laboratory dctmnination 39.00 1761 Resilient modulus of coarse grain soils and 1765 Adhesian/Cohesion testing, pa tut 34.00 aggregate 450.00 1786 Specialty testing (1) 1740 Specialized testing (I) Other Specialty Testing 1741 Sand equivalent (AASHTO T176) ~ IOO.OD 1791 Specisltyteating (1) 1742 Petrographic studies of aggregate (1) 1792 Hydrostatic pressure testing (1) 1743 Durability index (AASHTO T210), coarse' sndfine (1) 1793 Mechsnical[eating (1) 1744 Permeability of open graded base 1794 Floor flames (1) (Ml`l~'!7 121.00 1793 Dipstick rental (one week minimum), per Stone wed; 511.00 1743 Modules of rapture (ASTM C 99), per 1796 Dipstick rental (one week minimum), per sample 49.00 additional day 150.00 1746 Compressive strength, includes end cutting Roofi ng Compotsmb • (ASTM C 170), per sample 84.00 1584 Laboratory analysis of built-up roof sample, • 1748 Flexural strength (ASTM C 880), per including number of plies, tap and bottom sample 72.00 coat bitumen applitretion, interply bitumen and tapping felts end voids analysis (4" x 1750 Absorption and specific gravity of stone 36" specmtert) ~ (1) (ASTM C 97), pv sample 42.00 1590 Single-ply membrane tut, tensile properties, 1751 Coefficient of linear thermal expansion ' 1392 sM of 5 p«l test, each Single-ply membrane test 222.00 75.00 N1 D 5335), per sample (AST (1) , Geosynthetle and Pond Liner . 1752 Sheer/P«l test an field seattrs (PVG~, per sample 94.00 1753 Shear/P«1 tests on field seams (HOPE, VLDP6), per sampk 69.00 1754 Material property testing (strength, elongation, creep, cyclic aVess-stain, etc.) (1) 1756 Wide width tension testing 425.00 Window ~ , 1772 Air and water testing, pa window ~ 763.00 1778 Laboratory testing, airhvater/structural, per test 1,088.00 ~ ~.i • See Page 14 ~ fanuery 1.2005 (1) Quoted on m individwl basis. Page 8 ~`~ ,, r • Nondestructive Eaamination Services 1600 Special inspection services. Hourly rates as shown in section "100*", plus vehicle and mileage 1675 Non-special inspection services based va unit rates in section "100"'> plus mileage and vehicle 1602 Computed radiography, per section "100*" 1625 Visual wdd examination, per section "100+ Ifi27 Belting examination, per section "100"' 1629 Magnetic particle examination, per section "1~~" 1635 Liquid prnetrant examination, per section "IOD*" 1640 Ultraaonie examination, per section "100'" 1645 Radiography examination, per section "lOp•" 1656 Infrared services, ptt hour ] 657 Infrared services, overtime, per how 1658 Infrared report 1699 Thermographic imaging 1653 Concrete radiography 1655 Radiation protection services. Hourly rates as shown in section "100'",Plus vehicle and mileage 1654 Positive materials idrntificatlon (PMq, per hour 1659 Positive materials identification (PMI), per ~Y . 1667 Radiography, cobalt, per shot 1668 Radiography, iriditun, per shat Welding Operator Examinatioq 1604 Bend team 1605 Radiography 1611 Radiography, AWS Dl.l 1612 $ertd testa, AW5 Dl.l 1613 Radiography, ASMB/ANSI 1614 Bend team, ASMElANS1 1617 3/8" Wcld test coupons, AWS Dl.l, per set 1618 1" Weld test coupons, AW5 Dl.l, per set • See Page 14 (])Quoted an M individual baria. Weld Procedure Qualifications (1) 1619 AW5 DL1, client provides machining 1620 ASMFJANSI, client provides machining 1622 AWS D1.2, clirnt provides machining (1) 1623 AWSb1.3 (1) NDECansumablea (1) 1630 Consumable dry pvwdtt, per pound 1631 Fluorescent ail bath, per gallon (1) 1632 Fluorescent water bath, per gallon 1633 Portable visible spray, per can 1634 Portable fluvrescrnt spray, per can (1) 1636 Portable developer, per can 1637 Portable cleaner, per can (1) 1638 Portable visible prnetrant, per csai 1639 Portable fluorescent penetrant, per can (1) 1641 Cellulose gum, per gallon 1642 Cellulose gum (with certifications), ptt 1 () 1643 quart High temperature couplant, per 4 oz tube 157.00 1646 ,t-1/S" x IO" film 196.00 1647 4-1@" x 17" film 153.00 1648 14" x 1T' film 1649 8" x 10" film 562.00 1650 5" x T' film •1651 T'x 17"film (1) 1652 10"x12"fiW NDE Mlscellaneoua Expeaae (1) 1660 Vehicle, per day 1661 Vehicle mileage, per mile 1662 Mobile darkroom, per day (1) 1663 Mobile darkroom, per mile 1664 Trip charge (1) 1666 Report (1) GeophysiealTesthtg 191.00 102.D0 102.110 170.00 102.D0 170.00 34.OD 44.00 1453 Ground peeetrating radar, first location c 30 miles 1455 Ground penetrating radar, fast location ~ 30 miles 957.00 957.00 957.00 576.00 23.00 23.00 19.00 17.50 19.00 17.50 17.50 17.50 23.00 14.20 44.00 112.00 4.30 7.60 26.00 7.60 3.70 13.20 13.20 34.00 o.as 58.00 0.71 (1) 350.00 113.00 155.OD 1443 Ground penetrating radar, per additional location 82.00 1445 Ground penetrating radar, ptt'h day 1,854.00 t447 Ground penetrating radar, per day 2,678.00 5097 Resistivity equipment, per day 309.00 5098 Resistivity equipment, per week 1,030.00 January 1, 200.5 ~9 ~~ Environmental Site Evaluation Services Groundwater Sampling Water level tape . 5083 5084 Per hour Per day 12.00 82.00 Generator 5085 Per week 331.W 5000 Per day 77.00 5001 Pa week 178.00 Field AnalysislAlr Quality 5002 Airlgas -lift pump/Isomega bladder purr, per hour 29.00 Organic vapor analyzer . 3029 Per hour 33.00 3030 Per day 196.00 GrundFos pump 3031 Per week 630.00 SD03 Per day 77.00 3004 Per week 296.00 TVA-lOD PID, FID Gnmdfosconverter 5032 Per how 36.00 208 00 3003 Pcr day 41.00 3033 3034 Per day Per week . 709.00 5006 Pcr week 196.Op Photoionization analyzer 10.6 eV lamp 3007 Flow meta or 5twens recorder, per day 29.00 3033 Per hour 31•~ 3036 Per day 178.00 Submersible pumps, bailer, conductivity 5037 Per week 709.00 meter, pH meter, dissolved oxygen meter, nupient kit Photoionizatidn analyzer, 11.8 eV lamp 5008 Per hour 36.00 5038 Perhvw 33.00 5009 Per day 238.00 3039 Perdey 196.00 5010 Per week 886.00 5040 Pn•weak 768.00 7'urbrdrmeter 3041 infrared anal how ~ ~'~ 56.00 5011 Per hour 22.00 5012 Per day 71.00 5013 Per week 238.00 5042 Sail vapor sampler, per day 410.110 • Data Acquisition System 4-~ meter 25 00 3014 Rental rate (1) 5043 Pee how . 5044 Per day 112.00 3017 Soil venting teat equipment, pa dsY 69.00 5045 Per wok 473.00 5018 Ordinary consumables, par well 34.00 SD46 3-~ ~~ Pa how 23.00 3047 Per day 107.00 Y51 water quality rrwttitor 3048 Per week 473.00 3019 Per hour 34.00 5020 Per day 161.00 MSA methane monitor 5021 Per week 473.00 3049 Per hour 23.00 3030 Per day 101.00 3022 Hydrophobic sump, per month 104.00 SOS 1 Per week 414.00 3023 Hydropunch equipment, per daY 274.00 Particulate, aerosol, duet monitor 3024 Hydropunch consutnables, per sarrle 69.00 3032 Par how 2g•~ 3033 Pc day 142.00 5025 Disposable bailer, oath 12.00 5054 Per week 568.110 5026 Field alkalinity, per sample 14.60 5055 Surveying equipment, per hour ~ 14.2A 5027 Field filtering water, per sample 7.60 5056 Video camera rental, per day 44.00 5057 Radon canister, each ~ 76.00 5028 Field DO with Winkler method, per sample 14.60 5058 . Nitrate meter, per sample 21.00 Interface probe SO80 Per hour 14.20 5059 Immunoassay, persmreple (1) 5081 Per day 90.00 ~ 5082 Per weak 335.00 ~~ ~~ ~ F • See Page 14 January 1, 2003 (1) Quoted on an individwl basis. Page 1>0 ~~._1/ Industrial Flygiehe Equipment/Suppliea 506$ Q-'[Yak IAQ monitor • 5066 Dustrak monitor 5066 Filter cassettes 5069 Sorbent tubes, passive dosirrxters 5070 Areeger tubes, each Air sampling pumps 5072 Per day 5073 Per week 3074 5075 5076 5077 5086 5087 5088 3105 5106 5107 . 3111 3118 3192 Dracger pump Per dsy Per week Noise dvsimetera~spund level meter Per day Per week XRF Specnwn analyzer Per how Per day Per week Ventilation smoke tube Andersen sampler High volume pump Zefon ~Iler, each Moisture meter Othalrtdscellauevus C~ (I) Quoted un an individual basis. Miscellaneous Equipment RentaUSupplies (1) Metal dNeetvrfline locator 5089 Per hour ~1) 30911 Per day 5091 . Per wok ~1) GPS receiver 5095 Per day ~1) 5096 Per haw ~l) 5092 MasDerlocks-brass, each 5093 Sequential sampler, per day 37.00 (1) 20.00 75.00 (1) (I) 90.00 544.00 2,719.00 (1) (1) (1) 10.00 (1) 14.20 77.00 125.00 185.00 25.00 19.00 BD.00 Jantuay i, 2005 Page 11 ~~~ r Pavement Evaluation Services Nondcshvctive testing and analysis 620D Alrpor~ flexible pavements (rates per mile) 8201 PCI surveys (1) . 8203 FWp testing (1) 8010 County (10 tests per mile) (two-way testing 8204 8205 Design analysis i S l (1) (1) add $46.00 per mile) ~ capac ty tructura FWD strength inventory 8300 Pavement Management Services 802D ~ 20 miles 191.OD (reP~ h'pc ~~) 8021 ~ 20 miles; c 43 miles 170.00 8320 Consulting (1) 8022 ~ 43 miles 158.00 8322 Surface distress surveys (1) 6323 77aining (1) 8324 Manuals (1) FWD subgrade strength 8023 ~ 20 miles 224.00 8500 Parking Lot Testing and Evaluation Services 8024 ~ 20 miles; ~ 45 miles ~ 203.00 8310 Surface condition surveys (1) 8023 n 45 miles I91.00 8520 SWctural evaluation (1) 8522 FWptesting (1) FWD design 6530 Design analysis (1) 8026 ~ 20 miles 279.00 8540 Rehabilitationlmaintenance schedule (1) 8027 ~ 20 miles; c 43 miles 251.00 8550 Specifications (1) 8028 ~ 45 miles 235.00 8560 Bidding and awtud (1) Mobilization ~ g600 Testing Equipment Hourly Rata 8029 r 20 miles 3.15 (includes operator) 6030 ~ 20 miles 3.05 8620 Palling Weight Defiecttmier (FWD) 318.00 8640 Mabilizffiion 178.00 8032 Detour and haul road analysis 312.00 6050 City (two-way testutg add 5184.00 per mile) FWD network level (net IOD~foot intervals) . 8034 ~ 20 miles 1,063.00 8033 ~ 20 miles 994.00 FWD project level (net 30-foot intervals) 8060 ~ 20 miles 8061 ~ 20 miles Nondestructive testing oral analysis rigid pavement (rata per Hole) 8110 Congiy (20 tests per mile) Strength inventory 8111 ~ 20 miles 8112 ~ 20 miles Subgrade atrengdr 8114 ~ 20 miles 8115 ~ 20 miles Design analysis 8117 ~ 20 miles 8118 ~ 20 miles 8123 Detour and haul road Blso city . 8152 FWDnetworiclevel 8154 FWD projat level (1) Quoted an an individual basis. 2,049.00 1,890.00 423.00 383.00 473.00 437.00 621.00 569.OD (1) (1) i, } 7anuary 1, 2003 F~lP~agfe 12 rlf .• Eapenaes Clerical5ervicea 1852 Vehicle charge and mileage applying to 1904 Library retrieval For additional copies aRrr sectign "100", and other sections when not initial distribution of report ~•~ . included in hourly rates (other vehicle raps govern where listed) (I) 1906 Report reproduction of extra copies, per . page. Bulk copying quoted on an individual 1854 Vehicle, per day 34.OD basis D.46 1856 Vehicle mileage, per mile 0.45 3729 Film charge, per roll 5.50 1861 Trip charge [ 30 miles 38.00 3731 Siu D or E copy charges, per wpy 3.55 1862 Trip charge ~ 30 miles (1) 3733 Color copier charges, per wpy 1.30 1863 Per diem expenses when working away from headquarters or branch locations Cast+ 13% 3766 24x36" ar larger color plot, tacdt, 7.00 1864 Miscellaneous expenses ~ Coat+ 15% 3768 24x36" or largo black ~@ white plat, each 4.00 1866 Subcontrac[ed professional services Cost+ 15S'e 3730 VISTA (regulatory information, Sle review), ~ ~~ 148.00 3715 Project supplies and equipment Cgat+ 15°h. Computrr Aided Drafting (CAD) 3742 Cellular phone rtntal, per day 31.00 3739 Laptop computer rental, per period 137.00 3750 Phase 1 site map (not to scale) 55.00 3740 Computer rental, per week 66.00 3731 Plisse I site map (to scale) ~ 83.D0 3741 Printer rental, per pmod 66.00 3732 Soil boring location sketch (not to scale) 7D.00 3753 Soil boring location sketch (to scale) 130.00 3754 Groundwater wntovr rrurlf (3 pt) 40.00 3755 Groundwater wntaur tnap (4+ pt) SS.DO • 3736 Soil and groundwater contamination rrwp (single chemical) ~•~ 3757 Sail and gmundwatercontantination map (tttulti chemical) 65.OC C~ (1) Quoted on ^n individual hole. Imuery 1,2003 Pe®e 13 ~ ~~ 100 Persvnnel$ervices,perhour Reg.• Over" Double•• Time Time Time • 121 Enginm'-in-training 85.00 Field and office services 300 Scientist-in-training 85.00 102 Technician I 55.00 65.00 75.00 118 Staff Engineer 95.OD ID6 Technician 11 65.0075.D090.00 320 Staff Scientist 95.00 ] )D Technician III 75.00 90.00 100.00 150 Architectural Technologist 95.00 111 Technician IV . 85.D0 100.00 110.00 126 project Engineer 125.00 138 Project Assistant 65.00 8D.00 330 Project Scientist 125.00 371 CADD/Graphics Operator 8L00 94.00 128 Srnior Engineer ~ 14D.00 375 G15 Technician SD.00 100.00 340 Senior Scientist 140.110 ISS SrnivrArchitect 140.00 NovdtstruMlve Examlaatloo (PiDE) Technlciw 130 Principal Engineer 160-00 104 Radiographer's Assistant 6D.00 70.00 90.D0 350 principal Scientist 160.00 108 Level II NDE Technician 75.00 100.00 125.00 133 Principal Consultant 195.00 103 ICC Structural Steel 226 ProjectMensger (I) Specisllnspector 8D.110 110.(10 145.00 • 228 Senior Project Manager (1) 100 RT Porarsic ~ 130.00 175.00 240.00 602 Computed Radiography, 250.00 112 AWS-Certified Weld Insp. SD.DO lO5.D0 130.00 113 Radiography, two-man crow (IR-192) 130.00 170.00 215.00 105 PMI (positive material identifier) services 150.00 2115.00 270.OD 1 l5 RadivBrcPhY. ~~ ~ (Co-60)`•' 170.00 200.011 225.00 107 API 510/570/653 Technician 95.00 115.00 160.00 117 bevel III NDE aervicea 110.00 145.00 170.00 • Reduced weekly and monthly ratty avrilabk for condnuaw aervica •. Overtime rates apply after B hours, bafae 7:00 a.m end aRx 5:00 p.m, Monday through Friday, or SaMday. Pouhk time rake spply to all Sunday yr Holiday wurk. . ••- ~ Co-dO work may require throe-man crew. Code 115 plus Assistant code 104. ~7anuary I, 2005 (1) Quoted an an individwl Buis. Pa®e l4 ~~ HutchinsoH Cit Center C 111 Has®en Strut SB Hutchinson, MN 33330-SS22 320.5!{7-SISI/Fax 32D-234-47A0 a R A N I] U M TO: 1Vlayor and City Council FROM: Miles R. 5eppelt, EpA Director RE: Consideration of Approving Engineering Services Agreement with SEI~ Consulting for tlue Downtown 5treetscape Project (i.eaing No. 4/ProjectNo.05-04 ~ os-OS) DATE: March 17, 2005 Short Elliott Hendrickson, Inc. (Sk'Ii) has provided the City a proposal to complete the preliminary and final. design services for the construction of Downtown Streetscape Project. The agreement for completion of these services would be at snot-to~a:ceed amtnult of $202,090.00. This project will be for the replacement of streetlights, streetlight wiring and sidewalks, addition ofpedestrian scaled lighting, consolidation of signage, and refurbishing of signal poles & lights on Main Street from 2°d Avenue North to 4s' Avenue South and one block of Washington Avenue immediately west of Main Street. We recommend approving this Engineering Services Agreement with SEH Cansnlting. tx: Gary Plotz - G5ry Administrator john Rodeberg - Airector of Public Works «~,~~- ;~~~~ M E M C~ • CJ ~J SEH March 17, 2005 Miles Seppelt Economic Development Duector City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Dear Miles: RE: City of Iutchinson Downtown Streetscape SEH No. A-HTJ1'CH0506.00 This letter supplements the Agcement for Professional Services between City of Hutchinson, Owner, and Sf:'H dated November 23, 1999, and addresses providing services in connection with The Downtown Streetscapc (hcreinatter called the "Project'). You agree to furnish us with full information as to your requirements including any specie] or extraordinary considerations for the Project or special services needed, and also to make available all pertinent existing information and data that we will need to perform our services. Our services, as discussed in our kick-off meeting on February 24, will consist af: design survey, final design, construction documents and specifications, bidding assistance and moderate construction administration for proposed improvements along Main Street between the end of the Main Street Bridge one block north of First Avenue NE, and Fourth Avenue SE and along Washington Avenue from Main Strxt to Franklin Street, all as set forth in this agccment and Exhibit A. We will also furnish such Additional Services as you may request or as required. You will pay us a fee for our services, currently estimated to be $202,090.00, in accordance with Exhibit C-1, (Hourly, Not to Exceed) method. Payment for additional services shall be based on the time required to perform the services and the billable rates for the principals and employees engaged directly on the project, plus charges for expenses and equipment, all in accordance with Exhibit C-1. We will Bunt our services promptly after receipt of your authorization. We estimate our services will be completed after 9 months. If there are delays in the Project that are beyond ow control, you agree to grant additional time to complete the services. Your budgetary ]imitations for construction of the Project should be provided to us in writing at an early date. We will endeavor to work within those limitations. If you request, we will submit periodic estimates of cost to giv^ tau ow opinion of the probable cost of the Project. Where appropriate, if the estimated cost eacec:.s the budget, we will either request an adjustment in the budget or suggest a revision in the Shore Elllon HrndHCkaon Inc., Butler Square autlding, Suue 710C, too North em Street, Minneapons, MN 5540}7575 SEH is an equal oppprtunlty employer ~ www.aahln0.tom I 812.768.8700 ~ 888.830.a888 ~ 812.758.87(11 fur ,~C~` Miles Seppelt March 17, 2005 Fage 2 J extent or quality of the Project to assist in bringing constmction cost back within the budget. We do not guarantee that our opinions of probable construction cost will not differ materially from negotiated prices of bids. Tf you wish greater assurance as to probable construction cost or if you wish formal estimates, an independent cost estimator should be employed as provided in Section N.A. of the Agreement and in Exhibit B. This letter and the Agreement for Professional Services dated November 23, 1999, along with Exhibits A, T3, and C-1 represent the entire understanding between you and us in respect of the Froject and may only be modified in writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement, please sign the enclosed copy of this letter in the space provided below and return it to us. Sincerely, SHORT ELLIOTT TiENDRTCKSpN INC. a~(.jr.G ~' FLr'. ''., ~11i'~i'ia. . - ',.::~. Chris Behringer, ASLA Project Manager Accepted 6y; C17Y OF HUTCHINSQN By: Authorized Client Signature Date: ~~-~~ Sob Kost, ASLA, AICP Director ofUrban Design 5Cx~ 2. Required Additional Services: SEH shall pcdorm or furnish (without requesting. or receiving specific advance authori2stiou from Owner) • include the types listed below. SEl-1 shall advise gwner in writing promptly after starting any such AddiHanal Services. (a) Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner so as ro make the compensation commensurate with the extent of the Additional Services rendered (b) Services in making revisions to Drawmgs and Specifications required by reviewing authorities or occasioned by the acceptance of substitute materials or equipment other than "or-equal" items; and services after the award of the Construction Agreement in evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or en excessive number of substitutions. C~ (c) Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. . (d) Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering ilte Work, (2) an occurrence of a Hazardous Environmental Condidan, (3) Work damaged by fire ar other cause during construction, (4) defxtive, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Cvntractar, (e) Services in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. (t) Evaluating sp unreasonable claim or an excessive number of claims subm(tted by Contractar ar others. in connection with the work. Short Elliott Hendrickson Inc. EiRii6lt A - 3 C(ty of Hutch(rtsnn (Form W/20/04) ~~~~ C~ Exhibit B to Agreement for Prafesslonal Services Between City of Hutchinson (Owner) and Short Elliott Hendrickson Inc. (SEH Dated March 17, 2005 Owner's Responsibilities • Ir 1 L J A. General The Dwner's responsibilities related to the services to be provided by SEH are generally as listed in this Exhibit B. Modifications to these responsibilities shall be made through Supplemental Letter Agreements. "lire Dwner shall: 1. Provide full information as to its requirements for the services to be provided by SEH and SEH shall be entiHed to rely on the accuracy and completeness thereot 2. Assist SEH by furnishing all available information pertinent to the services to be provided by SEH. All information available in electronic formats shall be provided in such formats suitable far use with current SEH systems andtechuology. 3. Duaxantee access to and make all provisions for SEH to enter upon public and private lands as required for SEH f4 perfarru its services under this Agreement 4. Provide such legal, accounting, financial and insurance counseling and other special suvices as may be required for the Project. 5. Give prompt written notice m SEH whenever the Owner observes or otherwise becomes aware of any changes in the Project or any defect in the services being provided by SEH. err makes or wishes to make changes in the Project. 6. Be responsible far the accuracy of all data consisting of, but not limited to, computations, as-built drawings, elechnnic data bases and maps famished by the Owner. The costs associated with correcting, creating or recreating any data that is provided by the Owner that contains inaccurate err unusable information or is found to omit information necessary for SEH to perform its services are the responsibility of the Owner. 7. Promptly exam;ne all studies, report, sketches, opinions of conatitiction casts, specifications, drawings, proposals and other documents presented by SEH and render the necessary decisions and instructions so SEH may continue in a timely tnamier to provide the services necessary for completion of the Project, Short Elliott Hendrickson Inc. (Form D7f2D/04) Exhlbn s - t 8. Pay all costs incidental to advertising for bids and acquiring regulatory or review agencies' permits and/or approvals. 9. Furnish qr inStmet SEII to provide, at the Owner's expense, additional services that become necessary to complete the work called for in this Agreement or to complete work added to the Project by the Owner or others and not related to the agreed responsibilities of SEH. 10. Furnish to SEH, prior to any performance of services by SEH, a copy of any design and consWction standards and comprehensive plants which the Owner shall require SEH to fallow or incorporate into its work. 11. Act promptly to review and approve or reject all proposed Change Orders and/or Supplerneutal Agreeme~ats. 12, Employ and pay the costs for an independent cost estimator as provided in Section N.A. of the Agreement 13. Bear all costs incidental t4 compliance with the requirements of this Exhibit B. 14. Nodfy SEH (prior to cvrtumticemwt of construction of a project) of any notice err certification that SEH will be requested to provide t0 Dwnd' Or thud partlCS m eONteCiIOR with the project. Owner and SEH shall reach agreement on the terms of eery such requested notice or certification, and Owner shall authorize such Additional Services as are necessary to enable SEH to provide the notices or certifications requested. I5. Require all Private Utilities with facilities in the Owner's Right of Way to: (a) Locate and mark said utilities upon request (b) Relocate and/or protect said utilities as determined necessary to accommodate the proposed Work. (c) Submit a schedule of the necessary relocation/protection activities to the Owner far review. Gty of Hutchinson 5~~~ B. Assumption of Risks The Owner and SEH agree that the risks of the Projxt and the costs related to those risks remain with the Owner or with others and that SEFT does not assuttte any risks that are not specifically called out in the Agreement C~ Short Elliott Hendrickson Inc. Exhibit B - Y Cily of Hutchlrmon (Fpm 07720/04) ~~~~ Exhibit C-1 to Agreement for Prpfessional Services . Between City of Hutchinson (owner) and Short Elliott Hendrickson Inc. (SEH Dated March 17, 2005 Payments to SEH for Services and Expenses Using the Hourly Basis Not to Exceed Option The Agreement For Professional Services is amended and until SEH has been paid in full all amounts due supplemented to include the following agreement of the for services, expenses and other related charges. parties: Payments will be credited fast to interest and then to principal. Further, SEH reserves the right to P.. Hourly Basis Option retain products of service until all invoices axe The Owner and SEH select the hourly basis For paid in full. SEH will not be liable far any claims payment for services provided by SEFI. SEH shall be of loss, delay, or damage by Owner for reason of compensated monthly. Monthly charges for services withholding services w products of service until shall be based on SEH's current billing rates for all invoices are paid m fu1L applicable employees. plus charges for expenses and 3. 1n the event of a disputed or contested invoice, equipment Current billing rates shall be Actual Billing only that portion so contested may be withheld Rates of Persomtel Method as indicated in the from peymea; and the undisputed portion will be Supplemental Letter Agreement p~3, 1. Actual Billable Rates of Personnel Method - Q, Should taxes, fees or costa be imposed, they shall Applicable billing rates of employees shall be be in addition to SEH's estimated total based on the actual payroll rates of personnel campensatioa times a multiplier plus the cost of expenses and equipment audined in Paragraphs B and C of this C. Expanses . Exhibit C-l. The following items involve expenditures made by 2. Not to Esceed -The Not to Exceed amount SEH employees or professional consultants on behalf includes compensation for SEH's services and the of the Owner. Their costa are not included in the houfiy services of SEH's consultants if any. Appropriate charges made for services and shall be paid for as amounts have been incorporated in the not ro descn'bed in this Agreement exceed sum m account For labor, overhead, profs; ), Transportation and travel expenses. expenses and egtipment chargea..The Owner a rees to a far other additional services 2. Lodging and meal expense connected with the g p y , equipment and expenses that may become Project necessary by amendment to complete SEH's 3, Fees paid, in the name of the Owner, for securing services at their normal charge of rates as approval of authorities having jurisdiction over published by SEH or as available commercially. the Project B. Other Provisions Concerning Payments b. Plans and specification reproduction expenses for 1. Invoices will be prepared in accordance with bid letting and distribution. SEH's standard invoicing practices and will be 5. Other special expenses required in connection submitted monthly ro Owner by SEH, unless with the Project otherwise agreed. 6, The cost of special consultants err technical 2. Invoices are due and payable within 30 days of services as required. The cost of subconsultant receipt. If Owner fails ro make any payment due services shall include actual expenditure plus SEH for services and expenses within 30 days 10% markup far the coat of administration and after receipt of SEH's invoice therefor, the insurance. amounts due SEH will be increased at the rate of 1.0°/a per month (ot the maximum rate of interest The Owner shall pay SEH monthly for expenses. permitted by law, if leas) from said thirtieth day. • SEH may, after giving seven days written notice ro Owner, suspend services under this Agreetttent Short Elliott Hendncksvn Inc. Exhibk t31 -1 City of Hutchinson (Farm 17J13r04) ,~~) D, Equipment Utilization The utilization of specialized equipment, including • automation equipment, is recognized as benefiting the Owner. The Owner, therefore, agrees to pay the cost for the use of such specialized equipment on the project. SEH invoices to the Owner will conmin detailed informatlon regarding the use of specialized equipment on the project and charges will be based on the standard rates for the equipmeat.published 6y SF.H. The Owner shall pay SF.H monthly for equipment utilization. • C~ Short Elliott Hendrickson Inc. Etdtibit G1 - 2 City of Hutchinson (Form 12!13/04) ~" C, J C~ Hutchinson Clt~ Center ,. C 111 Haeean Street SE Hutchinson, MN 55350.2522 320.587-S1Sl/Fax 320.234-4240 ~ R~ N D U M TO: Mayor and City Council FRAM: Kent Exner, City Engineer RE: Consideration of Approviug Engineering Services Agreement with SEH Consulting for the llenver Avenue Construction Project (i.ctting No. S/Project No. os-oe) BATE: March 17, 2405 Short Elliott Hendrickson, Inc. (SEH) has provided the City a proposal tobomplete the preliminary and fmal design services for the construction of Denver Avenue. The agreement for completion of these services would be at snot-to-exceed amount of $62,371.19. 'T'his project will complete the connection of Denver Avenue between TH 15 and the Summerset development to the east (south of Applebee's and Ridgewater College). There is also a need to provide access and utility service to developing property immediately south of this future street segment. We recommend approving this Engineering Services Agreement with SEH Consulting. cc: Crary Plotz -City Administrator john Rodeberg -Director of Public Works Printed oo nxycled paper. ~~~ M E M -~ r.. J1 -Itl- ~ SEH March 17.2005 ItE: City of Hutchinson Denver Street Extension Project SEH No. P-HUTCHO505.00 10.00 Kart Exney PE City Engineer City ofHutchingan 111 Hassan Street SE Hutchinson, AiN1 55350.2522 Dear Mr. Ernter: Short Elliott Hendrickson Inc. (SE13°) is pleased to submit this proposal For engineering services for the Aenver Aveuue Extension as discussed at our meeting on March 11, 2005. The proposed project consists of constructing Denver Avenue from Minnesota State Highway 15 to the western edge of the Summerset development and aright-tum lane off of Highway 15 onto Denver Avenue. Prior to beginning detailed design of the project, SEH will provide a feasibility study for the propa~ed . improvements. The feasibility study will include a general overview of the projects content including any unique issues to be addressed with the project and a preliminary cost estimate. 17pon notification to proceed from the City of Hutchinsoq SEH will begin the detailed design of the Denver Avenue extension. The detailed design wont will include: • topographical survey of the rarta wetland delineation • traffic engineering for volumes, lane layouts, traffic control and signal work • civil engineering services far the design of alignments, pavements, drainage facilities, sanitary sewer and water extensions • coordination with the City, Mn/DOT, and other regulatory agencies The effort will culminate with the submittal of final plans and specifications to be utilized by the City of Hutchinson in the bidding and constmction of the Deuver Avenue extension. In addition, SEH has included as allowance of staff time to assist the City with the bidding of the project. SEH will provide completed plans and specifications following a schedule that will allow the Denver Avenue extension project to be bid in mid-July of 2005. SEH proposes to complete dte work described abme and outlined in the attached professional services estimate for an estimated cost of $fi2,371.19. Additional services that we anticipate for the project and are not included in the estimated fee include a geotechnical subsurface investigation, constrttction staking, and consduction consultation. In additioq wetland mitigation and tbe relocating of signal poles, if determined necessary after the site surrey, have not been included in arriving at the estimated cast. . Thank you for this opportunity to work with you and your staff at the City 4f Hutchinson. Short EIIIote Hendrickson Inc., 8uder Square auildlna, Sulre 7100, 100 North 6th Server, Minneapalls, MN 55403.1515 SEH la an equal opportunity employer t wwwsehlnc.Cam ~ 612758.671)0 ~ 866.830.3388 ~ 612756.6701 fax f Kent 1r~mer, PE March 17, 2005 s Page 2 • Sincerely, SHORT ELLIOTI' }IENDRICKSON INC. ]avid C. Halter, PB Client Service Manager c:John Rodeberg du Enclosure City of Hutchinson Accepted this Authorized by: Name mam~amsmevarw.r~aa C~ ~~~ Patrick E. Wrase, PE Project Manager day of 20D5. Title SC~~. • RESOLUTION NO. 12672 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING N0.7 PROJECT NOS. D5~07 & 05.08 WHEREAS, it is proposed to improve: 05-07: Michigan Avenue from TH 7 to 5th Avenue SE -street resurfacing and repair of existing utility infrastructure by construction of sanitarysewer,milling, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances; and OS-OS: Michigan Avenue NE, 1st Avenue SE, 2nd Avenue SE, 3rd Avenue SE and 5th Avenue SE by complete railroad crossing removal and Street Maintenance in various locations thrcughout the City by construction of grading, gravel base. milling, concrete curb and gutter, bituminous base, bituminous surfacing, restoration 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 428, NOW, THEREFORE, BE IT RESOLVED t3Y THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement has been referred to the City Engineer for study and that he has complete a report, and that.he is instructed to report tc 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 yr in connection with some other improvement, and the estimated coat of the improvemenYas recommended. Adopted by the Council this 22nd day of March 2005. Mayor: Steven W. Gook City Administrator: Gary D. Plotr .~C,~ C~ PROPOSED IMPROVEMENTS The preliminary design of the following proposed improvements is as follows: STREET . Mill and overlay the existing roadway surface with 2" of bituminous wearing course mixture on Michigan Avenue. . Remove existing railrgad crossing at five locations. . Utilize thin bituminous asphalt overlays on identified street segments. UTILITIES . Address specific sanitary sewer main repairs prior to resurfacing Michigan Avenue. COST SUMMARY The Following cost and funding estimates are based on previous experience with similar projects, current funding alternatives, and estimated construction costs. Final assessed costs would be based an final plans and actual bid prices. The estimated costs are expected to be conservative, so that final costs are not expected to exceed these estimates. However, these are not guaranteed amounts. ,i- ~,,,c.ESTIMAT~D COST~,,~ra;,a.,, ~,; .. ' 05-4.r•,~h~;,,,: e.' . 05-08~,y;,,,~;'.rl'~;' ~~;'. ~. ~'~'F'DTAtgt%i;.Krr,;,. Construction Cos},.j,, ~;,',,;;~'.i,' $125,000.00 $90,000.00 $215,000.00 LantlAOquisitioFfk;a",a.;~~,!'r;ar~-a`~°;Ai;' $0.00 $0.00 $0.00 Engneeringh',""~i°y„~~,,;~,~j;?,e,~;;{M~~~K. -_ $18,ODO.DO $13,000.00 $31,000.00 Adrt%iniStrytiotis'~tisy'~,,Rinr'~',~'~?iji?ij~ $9,000.DO $6,500.00 $15,500.00 F,iscallLe'galllriterd'stT;;"4;~;t;~+'t!~mtn $3,000.00 $2,000.00 $5,000.00 ESTIryIATED 7DTAI;;!~, ~%~,y,;' r~'r' $155,000.00 $111,500.OD $266,50D.00 ESTIMATEn FUNt71NG. , ',> ;:.. 175-DT.',°~J°r: =^,,' :. ; 05-0$'.,;:&`, ^::;•;; .,iR„ .T;OTALr~:,c¢; ,: Assessabl,e,Cost~j;';+. ~~;~-d~,?'.;;;,,+~'~', $60,000.00 $0.00 $60,ppp,p0 Deferred A$sessattle Cos~r;y~";^: $0.00 $0.00 $0.00 City,Bondet~f'%%r;;'sl°,:',j ~.=;;~i,r`~" ;." $85,000.00 $111,500.00 $196,500.00 Cify,,~ Waterl5ewer Fund's:i', $10,D00.00 $0.00 $10,000.00 C~,ty.~ P.arking.Lok Funt~;,*;';~;.:;•. $0.00 $0.00 $D.00 Cityw7JEir;w~?',j,"?`:~.,,,~.,r;; ;:,~;:v;e;, $0.00 $0.00 $0.00 City-Starrri„Water-Lltlllt~~a;;°-'; $0.00 $O.OD $0.00 MSA'~li;'~~3,„3a;~,c'.9~~;"' ~i.s' ..~,r~a $0.00 $0.00 $D.00 MnIDOT:''c'c~';",',; :`; ~'i.;:`~;,;i:.,.',? +'^'%~" $0.00 $D.00 $0.00 t?$~iMAXED'TOT.AIs"'`",,t'".:'t(,?''i'r $155,D00.00 $111,5gp,D0 $266,500.00 SCHEDULE ;~ ~ ~~: ~: The following proposed schedule is subject to change depending on the project`aNj,~u'~al process, construction timing, and other outside factors: March 22, 2005 -City Council receives Report and orders Public Hearing ` ~~_~\J\ • April 72, 2005 -Public Hearing and Resolution Ordering Plans 8 Specifications ^ April 26, 2005 -Resolution Approving Plans & Specifications and Ordering Advertisement for Bids • May 20, 2005 -Receive Bids • May 24, 20D5 -Resolution for Hearing on Proposed Assessment • May 24, 2005 -Assessment Hearing & Council Awards Bid • June to July 2005 -Construction PROJECT FEASIBILITY I have studied the following projects and find that the proposed improvements are feasible and recommend they be constructed: Letting No.7/Project No.05-07 Michigan Avenue from 7H 7 to 5"' Avenue SE -street resurfacing and repair of existing utility infrastructure by construction of sanitary sewer, milling, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances. Letting No.7/Project No.05-0$ Michigan Avenue NE, 1st Avenue SE, 2nd Avenue SE, 3rd Avenue SE and 5th Avenue SE by complete railroad crossing removal and Street Maintenance in various locations throughout the City by construction of grading, gravel base, milling, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances. • ~c • April 72, 2D05 -Public Hearing and Resolution Ordering Plans & Specifications • April 26, 2005 -Resolution Approving plans 8 Specifications and Ordering Advertisement for Bids . May 20, 2005 -Receive Bids • May 24, 2005 -Resolution for Hearing on Proposed Assessment • May 24, 2005 -Assessment Hearing & Council Awards Bid • June to July 20D5 -Construction PROJECT FEASIBILITY I have studied the following projects and find that the proposed improvements are feasible and recommend they be constructed: Letting No.7/Project Nc.05-07 Michigan Avenue from TH 7 to 5`h Avenue SE -street resurfacing and repair of existing utility infrastructure by construction of sanitary sewer, milling, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances. Letting No.7/Project No.D5-08 Michigan Avenue NE, 1 st Avenue SE, 2nd Avenue SE, 3rd Avenue SE and 5th Avenue SE by complete railroad crossing removal and Street Maintenance in various locations throughout the City by construction of grading, gravel base, milling, concrete curb and gutter, 6ituminous base, bituminous surfacing, restoration and appurtenances. r1 LJ • . Y ~, 5~~ RESOLUTION NO.12673 • RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING N0.7 PROJECT NO5. 05-07 & 05-08 WHEREAS, pursuant to a resclution of the Council adopted March 22nd, 2005, the City Engineer has prepared a report with reference to the improvement of; 05-07: Michigan Avenue from TH 7 to 5th Avenue SE -street resurfacing and repair of existing utility infrastructure by construction of sanitary sewer, milling, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances; and 05-08: Michigan Avenue NE, 1st Avenue SE, 2nd Avenue SE, 3rd Avenue SE and 5th Avenue SE by complete railroad crossing removal and Street Maintenance in various locations throughout the Clty by construction of grading, gravel base, milling, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances; and said report was reviewed by the Council previcusly, and officially accepted by the Coundl on March 22nd, 2005. NOW, THEREFORE,I3E ITRESOLVED 8Y THE CITY COUNGIL OF THE CITY OF HUTGHINSON, MINNESOTA: 1. The Ccuncil will consider the improvements of such streets in accordance with the reports and the assessment of benefited property for all or a porticn of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $268,500.00. 2. A public hearing shall be held on such proposed Improvements an the 12th day of April, 2005, 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 22nd day of March 2005. Mayor: Steven W. Cook Gity Administrator: Gary O. Plotz SC~ PUBLICATION N0.7315 • NOTICE OF HEARING ON IMPROVEMENT LETTING N0.7 PROJECT NOS. 05-07 & OS-08 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Genter, 111 Hassan Street SE, Hutchinson, MN, at 6:00 PM on the 12th day of April 2005, tp consider the making of an improvement of: 05-D7: Michigan Avenue from TH 7 to 5th Avenue SE -street resurfacing and repair of existing utility infrastructure by construction of sanitary sewer, milling, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances; and 05-08: Michigan Avenue NE, 1st Avenue SE, 2nd Avenue SE, 3rd Avenue SE and 5th Avenue SE by complete railroad crossing removal and Street Maintenance in various locations throughout the City by construction of grading, gravel base, milling, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances; pursuant to Minnesota Statutes, Sections 429.011 tc 429.111. The area proposed to be assessed •. for such improvement is the benefited property, forwhich property owners shall receive mailed notice. The estimated Clty Cast of said improvement Is $2D6,500.OD, with an Assessable Cost of $60,ODD.Op, for the total estimated cost pf $266,500.00. Such persons as desire to be heard with reference to the proposed improvementwill be heard at this meeting. Dated: 03/22!2005 City Administrator PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING; WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, MARCH 31ST, 2005 AND THURSDAY, APRIL 7TW, 2005. . I ;s 5~- ~~ ~~ Cree Side MEMORANDUM TO: Mayor and Council FROM: Steve Madson, General Manager DATE: March 17, 2005 . RE: Contract Approval This memorandum will serve as a request for council action to approve the attached Minneapolis transfer station coordination contract. Creek Side, with this contract, is undertaking a different approach to the overall operation of the transfer station and related trucking services. In the past, there have been two individuals who have served as coordinators for the transfer station. Additionally, Creek Side has coordinated the independent operators who have provided the tnacking services. This year Creek Side is bringing both these services under one individual. This will reduce the number of misunderstandings; streamline the decision-making process as well as help to reduce the overall cost of operating the transfer station. Please note the personnel costs for the transfer station in 2004 were approximately $139,000, with this contract we will reduce the personnel costs to approximately $95,000, We believe other economies such as separating wood products from yard wastes, debugging and less truck driver down time will be realized by this change. I recommend approval of the contract. . J~``~~ • TRANSFER STATION COORDINATION CONTRACT This agreement entered into on the 10`h day of February, 2005, by and between Creek Side Soils/City of Hutchinson, Minnesota ("Creek Side"), a Minnesota municipality and Jerry Block ]7BA Block Farms, an independent contractor ("Contractor"). Creek Side contracts with the City of Minneapolis, Minnesota for the purpose of collection of yard waste materials generated by the City of Minneapolis at the transfer station located at 2710 Pacific Street, Minneapolis, and delivering the yard waste materials to the Creek Side Soils composting facility located at 1500 Adams Street SE, Hutchinson. The Contractor is an independent contractor with knowledge, skills and attributes consistent with those needed to coordinate the receipt, separation, loading and transfer of yard waste materials, Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties mutually agree as Follows: 1. The Contractor agrees to procure, schedule, direct and ensure reliability of all trucks and truck drivers utilized to remove yard waste materials from the transfer station, 2. The Contractor agrees to maintain all tonnage and/or other required records reflecting the operation of the transfer station. 3. The Contractor agrees to provide direction, coordination and ensure reliability of the employees working within the transfer station or other locations utilized to . complete the work associated with the removal of yard waste pursuant to the contract with the City of Minneapolis. 4. The Contractor agrees to keep open lines of communications with the employees of the City of Minneapolis who are charged with the responsibility of administering the yard waste contract. The Contractor further agrees to meet with these employees to exchange operational ideas, provide suggestions and to resolve any conflicts arising out of the operation of the transfer station. S, The Contractor agrees to maintain commercial liability, workers compensation and commercial vehicle insurance on all individuals, including the Contractor, employed by the Contractor during the term of this contract in accordance with Article V sub 8 of the Minneapolis yard waste contract. 6. Creek Side agrees to provide cellular telephones to the Contractor for the purpose of communicating necessary information relevant to the operation of the transfer station and procurement of trucks and truck drivers. Contractor agrees to reimburse Creek Side For any non-business telephone calls. 7, Contractor agrees to operate the transfer station in a safe and effective manner and to carry out the objectives of Creek Side as stated by the general manager. 8. Contractor agrees to adhere to the elements of the Minneapolis yard waste contract and comply with the requirements as set forth. 9. Creek Side. agrees to mutually work with the Contractor to develop operating procedures and, when necessary, provide additional equipment to complete the tasks as d~~er~~ned necessary by the Contractor and Creek Side. However, Creek Sid ' lp . e expr ss eserves the right to immediately terminate this contract, without ~~~~ Contractor recourse, if it is determined by the general manager of Creek Side that • the Contractor cannot perform on the elements of this contract. 1 D. Contractor agrees to provide the services herein stated at $30.00 per hour with the maximum number of hours per month as follows: Month Hours April 73.5 May 42.0 June 44.0 July 40.0 August 46.0 September 42.0 October 12fi.0 November 140.0 December 28,0 CJ 11. Creek Side agrees tv settle and pay invoices provided by the Contractor and verified by Creek Side monthly. The Contractor agrees to submit required invoices not later than the Thursday before the fourth Tuesday of each month. Creak Side agrees to pay invoices submitted on required dates within seven days of submittal. 12. Contractor agrees to file all applicable local, state and federal tax returns. Contractor acknowledges that, as an independent contractor, there will be no withholding of taxes by Creek Side. 13. The term of this contract is from April 1, 2005 through December 31, 2005. 14. Creek Side agrees to offer an incentive to the Contractor in the amount of $S,000.DO if the Contractor operates the transfer station far the term of this contract at an amount of $90,000.00 or less for personnel costs including this contract. IN WITNESS WHEREOF, the parties have executed this contract on this l0a' day of February, 2005, and said contract shall be considered binding upon both parties and shall remain in full force and effect unless and until canceled according to the terms of the contract. Creek Side Soils/City of Hutchinson BY: . ,~ Jerry Block DBA Black Farms BY: ,,cm~ • 4. Propose contract terms, including an itemized fee schedule for work included in the scope of work and a payment plan, based upon measurable contract milestones. CONSULTANT SUBMITTAL The proposal shall contain the following information: 1. Personnel to be assigned to the project and copies of their resumes. 2. Information stating the Firm's approach to the review of the compensation system for the City of 1utchinson. Include information on how the Firm will handle each aspect identified under the above "Scope of Work". 3. Identify a tentative time schedule for the development and implementation of the project. 4, The proposal should clearly define the proposed fees and the scope of services the consultant intends to provide during each of the following specific project components: a. Review of Position Classifications/Rankings/Grades/Exempt or Non-exempt Status b. Wage/Labor Benchmarks /Wage Survey and recommendations for adjustments c. Recommendations regarding the continuation or elimination of the performance based component of the plan (exceptional service pay), and possible alternatives. Recommendation(s) should include an overview of plans that other municipalities have in place. d. Post contract services. e. Preparation of final documents of the plan, including guidelines For plan implementation and administration, such as how the plan is adjusted for cost of living and any • modifications as to how employees advance through the ranges, and other pertinent information. Written and computerized data as appropriate, must be submitted. The proposal shall clearly define. additional services and/or reimbursable costs not included in the basic Fee, including hourly rates or fees for post contract services. Proposals may not exceed 20 pages, including promotional materials. Proposals shall include a "not to exceed" lump sum fee projection. 5. Identify cost estimates for all aspects of the compensation system study, along with potential areas the City of Hutchinson staff can provide assistance, which may result in cost savings to the City. 6. Provide references of municipalities in the State of Minnesota who have implemented and are currently utilizing the compensation system being proposed, Include the name and phone number of the contact person at each municipality, as well as a description of the services performed, implementation date, and the names of the personnel from the Firm who worked on the project in each of the municipalities. PROJECT COMPLETION It is the intent of the City to provide as much support and assistance to the consultant to assure . that the project is completed by Tune 30, 2005. 5~m) • I~NIC r.¢ez..F ~Mfi.nFen~a Cief:. C'fioF promoliny exrenonv Phonr: (65]) 289-1200 (800) 925-1122 I~ax: (G51) 281.1299 TPt]] (651) 281••1290 Weh Sitc: http:/./www.hnnc.org/ In-Clepth Policy Analysis: 2003 Local Government Aid Program Reform By Eris Wiliette, Pndicy Research Manager' The 2003 Legislature enacted significant changes to the Local Government Aid program (1.,GA). In his budget presentation, Gnv, Pawlenty raised concern over the current LGA distribution, criticizing the existence of the grandfather provision and expressing his desire for a new formula. T'he administration proposed new distribution formulae in late April. The proposal included a new fonrtula for cities over 2,500 population and an update of the existing formula for small cities. The Legislature made minor tnodi6cations to the governor's proposa] and adopted it aC the end of May during the special legislative session. The commissioner of revenue indicated that the administration believes LGA should equalize cities' ability to provide avet,lge level services at reasonable property tax rates. The administration also rcyuested a program that dots not have grandfathered aid, but rather distributes the full appropriation tluough the forrttula. . fhe administration originally proposed that the revised program should distribute $352 million to cities. Under the old LGA law, the program would have distributed about $608 million to cities in 2004. In the end, the Legislature enacted a new formula that will distribute $h37 million each yeaz•. The Legislature also eliminated the automatic inflatiotraty increase in the program that has been in place since 1993. How the formula works: The basics Like the just-replaced L.GA formula, the new fommlae measure each city's expenditure need based upon a number of statistical variables, which arc described below. These variables attempt to identify characteristics that cause some cities to need to spend more than other cities to provide the same level of service- Spending is measured by using revenue base, or property tax levy plus general state aids. haoh city's expenditure need is then compared to its ability to pay, or revenue-raising capacity. Those cities that have access to enough local revenues le pay for their spending needs do nut receive LGA, Cities that have spending steeds that exceed their local ability to pay, receive a share of the LGA distribution- L~ 14.5 LJnivcisity Ave~aue West • St. Paul, MN 55103-204h • (651) 281-1200 • (80p) 925-1122 • wuna.Unuc.cug ,~ ~~_~ Need variables included in formula for cities over 2500: • Pre-1940 housing percentage: The percent of housing units in the city built prior to 1940. This data comes froth the 2000 Census, although the Dept. of Revenue is exploring the possibility of having local property assessors collect this information annually. This variable is often characterized as a proxy variable for Chc age of the city's infrastructure; cities with older infrastlucture are expected to have higlxer percapita costs for infrastructure maintenance and repair. The variable is also highly correlated with poverty and other socio-economic factors that may increase some city service costs. 2. Population decline aver the past 10 years: The percentage by which the city's population has declined in the most recent 10 years for wbielr estimates are available from the state demographer or the Census Bureau. The calculation for aids payable in 2004 will likely use the decline from 1992 to 2002. Cities whose population has grown or remained constant have a population decline percentage of zero. Tltis variable represents the burden placed on city budgets when populations decline; same fixed costs of city services such as salaries and building space are bard to reduce quickly when population declines, so per capita spending may be higher in declining cities- 3. Accidents per capita: The three-year average of the number of automobile accidents in the city as reported to the Dept. of Public Safety divided by the city population. This variable is reflective of the level of service overburden ita a city. A city that has a forge employment base, a collef;e or university, a regional shopping mall or other regional facility will generally have higher per capita costs for maintaining streets and other city infrastructure that is burdened by the additional use by non-residents. It also • may need to have larger police anti fire forces or more specialized fire equipment due to these facilities. Because ol'thc traffic created by these facilities, there generally is also a correspondingly higher amount of traffic accidents per capita in these cities. 4. Average household size: T'he averag. number of people living itt a household in the city as estimated by the sfatr demographer or the Census 13ut•esu, whichever is most current. Tltis calculation does not include institutionalized populations living in an- campus college housing, prisons, and fails or group hrnnes. "I'ttis variable recognizes that the level of many city services is deterniined more by the number of housing units t7tan by the population. The foranula is attempting to explain differences in per capita expenditure need. Imagine two cities of .1,000 population that arc similar in al] respects except one ltas 4UU housing units and the other has SUU housing units. The ono wiflt otlly 4UU housing units, and a correspatdingly higher average household size, can probably provide some city services far less money than the city with 500 housing units to serve. Cities with higher average household size will therei'ore generally have lower expenditure need per capita. 5. Metro or non-ntetro: Cities located outside the seven-county metropolitan area receive a $35 increase in their per capita need measure. This variable reflects the fact that because mast greater Minnesota cities arc geographically isolated i'rom outer cities, they have fewer opportunities to achieve economies in seraicc provision thzough cooperative service agreements. 'T'hey, therol'ore, are expected to have higher expenditure need per capita. . l45 U~uversity Avenue West • St. Paul, MN 551(13-2n44 • (G51) 281 1200 • (800) 92.5-1 122 • wurw.lmneorg 6. Adjusted net tax capacity (ANTC) per capita: The per capita strength of the city's • tax base after adjusting for differences in assessment practices across the state. This is a control variable, which means it is used to estimate laow much the otlter variables explain differences in expenditure need. But in the aid formula, differences in ANTC among cities do not impact their relative measures of need for aid distribution. Need variables included in formula for cities under 2,50D: 1. Pre-1940 Housing percentage (sec discussion above). 2. Population decline 1990-2000 (see discussion above). Commerciat/industrial market value percentage: '1'hc percent of total assessed market value in the city that is classified as commercial or industrial property. This variable reflects the cost of providing services to commercial and industrial property, which is expected to increase a city's per capita expenditure need. 4. 1'opttlation: From the most recent state demographer estimate or census count. This variable recognizes that larger cities generally provide more extensive services, so their per capita expenditure aced is expected to be higher. l'he small city variables in the new mode] are the same as those used far all cities under the old Ybrmula. llue to the short. time frame of the legislative session, the administration focused its work on the large city 1'onnula. The commissioner of revenue has expressed interest in exploring possible reforms to the small city need measure at some point in the future. Ability to pay For all cities, expendihu'c need is compared to ability to pay, nr revenue-raising capacity. Under the recently-clirninated fmm~ila, rite revenue-raising capacity was calculated by multiplying a city's net tax capacity by the statewide average city tax rate. Each city's net tax capacity is adjusted to accouttt #'or variations in local market value assessment levels. The new fbrmulac continue to use net tax capacity, but also include taconite aids fbr cities on the iron range. The taconite aid addition is gt'adually phased in. Twenty-five percent of the aid is included in rite ability to pay measure for aids payable in 2005. This increases by 25 percent each year, until all city taconite aid is included in 2008. The difference between need and capacity is the city's L(iA payment, adjusted so that rite total amount distribtrtcd to all cities equals the current appropriation. Aid base (grandfather) When LGA was last reformed in 1993, the program included an aid base~;ommonly known as the "grandfather," that guaranteed each city would receive at least as much LGA cacti year as it received in 1993. Only dollars added to the program after 1993 were distributed through the formula. 11r addition, many city-specific aid increases were added to city aid bases over the past 1 U years, as were the special LGA increases gt'antcd to greater Minnesota cities over 10,000 population as part. of the 2001 Tax ltefonn Act. Because of tltese aid base provisions, the LGA program in 2(102 distributed $353 million of aid base and $212 milliott of aid through the . fnnmula. 145 Linivcxsity Avenue West • St• Paul, IvfN 551U:i-"LO~VI • ((i57) 231-]20f1 ~ (3p0) 925-1122 • www.ltnnc:.org 4 The aid base has been a major source of criticism for the program, with critics claiming that the • aid base caused the program to send the tuajority of money to cities regardless of their current financial circumstances. in reality, even though more than 60 percent of the dollars were distributed based upon the grandfather, most of that money would have gone to the same cities if it had been distributed through the formula. Less than 15 percent of the total LGA dollars were redirected to differetat cities due to the "grandfather" clause. The new L(xA program eliminates the original 1993 grandfather aid base, although it maintains about $26 million in aid base for 42 cities that reflects increases in their aid base since 1993. Transition to the new formulae The new fonnulac were adopted at the same time the LGA program's appropriation was reduced by 2G percent due to a state budget crisis. Cities' 2003 and 2004 LGA were both reduced. The new law limits the amount any city's LGA can be reduced in any single year. LGA 1'or cities over 2,500 population can't he reduced by more than 10 percent of their previous year's property tax levy. LGA for cities under 2,500 population can't be reduced by more titan 5 percent of their ecrtif cd 2003 LGA atnount. Because of these caps, the new fnmtula distribution will be phased- in over a number of years. bistributlonal Impacts of new formulae The full impact of the new formula will not be felt by some cities for several years because of the transition mechanisms described about. But because the refotxn was coupled with a 26 percent reduction in LGA funding, roost cities will receive less aid under the new formula. The table below compares the percentage of the total LGA distribution that each city cluster • received under the old formula at the pre-cuts finding level of $586 million and what they will receive under the new formulae at $437 million after tka.e transition mechanisms expire in several years. The fixture year estimates assume no mare changes arc made to the program and keep individual city need data constattt.:iltowi.ng tl,, distribution in percrn~.age ternis aliuws t'or easier comparison of the impacts of the ol,t rod new f'otrrtulae separate from the impacts of the 2!> percent reduction in the LGA gook. The table also includes per capita LGA averages for each cluster. The new formulae distribute a greater share of the pool to all greater Minnesota clusters, with the largest share inerctses to the stable and regional center clusters. [n total, greater Minnesota cities' share of the LGA distribution will increase from 57 pet'cent to fi4 percent of the total appropriation. Most metro clusters see a decline in their share ol'the dist'ibutiott, with the central cities, old suburbs, and large suburbs experiencing the largest declines in share. Qn a per capita basis, greater Minnesota cities will sec average reductions of $39.35 per capita, with regional centers seeittg the biggest decrease of $iil.l9 per capita. Most greater Minnesota clusters will see per capita reductions greater Chan $35. In the metro area, the central cities will see declines of $85.11 per capita, while the metro average is $36.49. 145 TJnzvrss'ily Avenue VG'eSC • Sl. Paul, MN 55103-2044 • (G51) 281.1200 • (8UU)')L5-112:? • www.lxnnc.nrg Under bot11 the old and new distributions, greater Minnesota stable cities have the highest per • capita distribution. Creatcr Minnesota regional centers replace the metro central cities as the cluster with the second-highest per capita distribution, while greater Mitutesota major cities remain fourth-highest. T'he four clusters with the lowest per capita distribution under both the old and new forrnulae are the metro high income, large, high growth, and diversified clusters. CJ ~J LGA distribution under the old and new formulae Share of Share of 2003 LGA 20xx future 2003 per 20xx per distribution LGA under capita LGA capita LGA, Cluster Summary before cuts new formula before cuts new formula Greater Minnesota Cities GMN High Income 1.8% 2.0% 96.86 81.20 GMN Moderate Growth 4.1 % 5.4°/° 181.93 178.84 GMNMa'orCities 9.3% 1D.q°/° 230.96 184,73 GMN Regional Ctrs 18.5% 19.6% 2$8.39 227.20 GMN Subregional Ctrs 3.1 % 3.4% 205.81 169.34 GMN Small Cities 2.5% 2.7% 189.67 152.14 GMN Stable Cities 17.3% 2D.D% 297.50 256.94 GMN Urban Fringe 0.4% 0.7°/° 47.65 57,07 Greater MN Total 56.9% 63.7% 23fi.99 197.64 Metre Cities Metro Diversified 1.1% D.3°/a 31.19 6.$1 Metro High Growth 1.3% 0.2% 15.56 1.90 Metro Hi h Income 0.0% 0.0% 2.85 2.57 Metro Large Cities 1.5% U.0% 12.77 D.DD Melro Old Cities 4.1 % 2.6% 81.52 38.69 Metro Small Cities 2.0% 1.8°/° 78.07 52.07 Minneapolis/St Paul 33.0% 31,3°/° 289.23 204.13 Metro7otal 43.1% 36.3°I° 97.77 61.28 All Cities total/avera a $588,848,95D $437 051,576 14fi.9D 109.40 145 Univers'riy slvcnuc West • St Paul, MN 55103-2044 • (G.51) 281-1200 • (8U0) 925-1122 • wvnv.hnnc.ot'g The technical details (read at your own risk) The new formulae measure each city's expenditure need based upon the statistical variables . listed above. Each city's variables are multiplied by fixed coefficients, which weight the variables according to their relative importance in explaining differences in city spending; need as measured by revenue bast (levy plus state aids). The result for each city is a per capita dollar expenditure need. The average city per capita expenditure need for 2004 under the new formulae is about $350. The table below lisCs the rango of values for each variable and the Fxed coeC~icients by which they are multiplied tq calculate need. Need variables and their coefficients Lag eclt variahles ~ g y Low value HiWh g value Average value Coefficient Pre-1940 housin ercenta a 0.37 54.15 16.5fi 5.0734098 Po ulation decline ercenta e p 15.49 0.87 19.141678 Accidents er ca ita 0.00595 __0.06281 _ D_.01740 __ _ 2 504.D6334 Avera a household size 2.096 4.244 ~ 2.633 . -4_9.10638 Metro tit metro = 1 0 1 NIA -35.20915 Constant (includes ANTC ad'ustment~ 355.05 Small city variahles Low value High value Average value Goefficient i Pre-194D housing percentage 0.00 100.00 35.52 2.387 Po ulation decline. percenta a _ _ __ _ 0.00 72.41 4.90 3.16042 Commercial/Industrial market value ercenta e D.DO 84.52 13.16 2.67591 _ Po ulation transfgrmed 55.26 426.53 _ 229.26 _ ____ T 1.206 Constant _..._.. _` r_-.... ......--... .. ____ ....----- -62.77 IANTC is a contra] variable, so each city's need is adjusted uniformly by tut amount equal to the average per capita ANTC; times the .ANTC coefficient (abou142.87). This amowrt is reflected in the constant. Pnr cities under 2,.5(?0 population, popui^°nn is transforar.ed Uy the .following fornula• ((population^.33D8) * 30,545) = traiarJw•tned pnpulaann. Each city's cxpenditwe need is then cgmpared to its ability to pay, grgevenue-raising capacity (see discussion, above), Those cities that have access to enough local revenues Co pay for their spending needs do not receive LGA. Cities Chat have; spending needs that exceed their Igcal ability to pay receive a share of the LCrA distrihtttion. • r L l45 Tlnivezsity Avenur West • St Paul, N1N 551113-2(144 • (G51) 2H1-1200 • (HOD) 925-1122 • vnxnv.lmnc.orH Sample calculation . Example city: Non-metro city of 17,000 population using average values from table above: Expeuditure deed cit value x coefficient - factor 1. Pre-1940 housing factor 16,56 x 5.0734098 = 84.02 2. Population decline factor U.67 x 19.141678 = 12.82 3. Accidents factor Q01740 x 2504.06334 = 43.57 4. Ilouschold sire 1:'tctor 2.633 x -49,10638 - -129-3 S, Metro factor 0 x -35.20915 = 0 6. Constant 355.05 Per capita expenditure need (sum of factors) 366.16 lxxpenditure need =per capita need * population = 366.16 * 17,000 = 6,224,720 7'he need is then compared to ability to pay. The city's ability to pay is the product of its local A.NTC and the s(atewide average city tax rate based on the previous year's levy. Assume the sample city has an adjusted net tax capacity of $12,500,000, and the average city tax rate is .343. Ability to pay = 12,SOO,000 * .343 - 4,287,SUU 7 Because the city's need exceeds its ability to pay, it Is eligible to receive LGA. The LGA appropriation, aside from the $26.5 million needed to pay for die remaining grattdf'athered aid base, is divided antong all cities whose need exceeds their capacity. For this example, assume that the amount by which all eligible cities' need exceeded their local capacity is $524,000,000, and that the LGA appropriation after subtracting fur the remaining ~andfathercd city aid bases is $41 QOOO,D00. The sample city's need exceeds its capacity by $1,937,22(1, which is 0.47 percent of die total For all cities. The; city will receive 0.47 percent ol'the LGA appropriation. tiample city fa7nula LGA = $410,000,000 '~ 0.0047 _ $1,927,000 The sample city also receives a grandlathered aid base of $720,000, so its final LGA amount is $2,(147,000. 145 University Avenue \X~'cst ~ SL Paul, MN 55103 ?014 • (6~i1)L81-1200 ~ (800) 725-112?.. wvnv.lmnc-ot}; About the data analysts "Che need cocfticients were determined using acomputer-aided statistical techniquc known as regression azzalysis. This techniquc uses fiscal and demographic statistics for each city to explain variations in citics' revenue base (levy plus general state aids). Many variables were tested to find those that were statistically correlated to variations in revenue base. For example, citics with a higher percentage of their housing built before 190.0 generally have higher per capita revenuo base than other cities. The regression analysis determines the expected chatzge hi revenue hose among cities for a given change in the need variables. This expected change is reflected izz the coefficients listed above. Far example, all other factors being equal, a large city with apre-1940 housing percentage that is one percentage point higher than another city would be predicted to have $5.U7 more revenue base per capita. Separate regression analyses were conducted for cities above 2,SOU population and citics below 2,SOD population. The need measure proposed by the governor azzd adopted by the Legislature for the larger cities is based on a regression model that explained roughly G2.4 percent of the variation among large cities' revenue bases using the six need factors listed above (i.e., the model had azz R-squared of .C24). Variations in revenue base for small cities have historically heen more difficult to explain using regression azzalysis. Some analysts have suggested this difficulty is partly the result of small cities offering a wider variation of types and levels of municipal services, and partly the result of small citics having greater variation in economic vitality. The need measure for Chc smaller cities is based on a regression rnodcl that explained roughly 2Q3 percent of the variation among small cities' rovenuc bases using the four need faactors listed above (i.c., the model had an R-squared of .2U3). 145 Lizxivers+cy Avenue Wesr • St. T'aul, i•4N 5 5 9 03-2044 • (651) 781-1200 • (8(lU) 925-1t?7 • an~nu.hnnc.ocl; ~ CITY OF HUTCHINSON MEMO Finance Department March 18, 2005 TO: MAYOR & CITY C0T7NCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUSJEC'1': City of Hutchinson LOCAL GOVERNEMENT AID Eric Willet, Policy Research Manager, with the League of Minnesota Cities will be presenting information of how Local Government Aid functions. Eric will give the specifics of Hutchinson and comparisons to other similar communities. • This will be the start of working on one of the goal statements set by the Council during their recent workshops. H:\DOC\City cauncll memo l.dac `I L~-~ City of Hutchinson , Hutchinson Municipal Airport -Butler Pield Maintenance Operations 1400 Adams St S73 Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-b971 • r 1 L ~ March 17, 2005 To: Honorable Mayor and City Council members Prom: John Olson, Public Works Superintendent CC: John Rodeherg, Dir. of Public Works Subject: Ttequest to Constmet Private Conventional G.A. Hangar Brandon Lulhens, of coral Hutchinson, has requested a lease to constmct a private conventional 6n:neral-aviation hangar. . T"he location chosen is not In conflict with other requests. Mr. Luthens has submitted all information requested from the City, identified in the Airport Minimum Standards for Aeronautical Activity, including: a. Provide a siatem~nt of proposed use for the private hangar. b. Provide a concept drawing of the private hangar. c. Provide a cost estimate, from a builder or building materials supplier. d. Letter of credit or other surety satisfactory to the City that the applicant has the financial wherewithal to complete the project in a timely manner and is verifiable through normal banking cluumels. e. Provide a statement of intent to purchase insurance coverage at or above minimums and have addressed other issues related to private hangar construction identified in the Airport Minimum Standards for Aeronautical Activity. Private conventional general-aviation hangars cannot be used to provide any commercial services conducted at the airport. 't'hese hangars are only For storing aircra$ used for personal, business or pleasure use. The placement of the hangar on pubic property will be under lease, which terms are agreeable to Mr. Luthens. ilpon request by Marc Sebora, City ACtorney, the law office of Cravin, Olson & Winters, Ltd. reviewed the lease document. Their comments were incorporated into the lease document. ~~ ~~) lJ City of Hutchinson Airport Commission 1400 Adams 5t SE Hutchinson, MN 55350 To Whom it May Concern: Mar 18, 20Qs The proposed use of the b4'x 48' airplane hangar will be for aircraft storage. The use will be private only - no commercial service aroperations will be conducted. Sincerely, • Brandon Luthens ~ ~ }~ ~y ~~ (0. PO Box fi6n, Winsted MN 55395 • (320) 485-2844. • tiol)-710-4726 b4' x 48' x 14' Post Frame Building Specilicationa Building • Perimeter wall columns to be 3 ply 2x6 treated Southern Yellow Pine, spaced at 6' on center, and set in ground 4'6" + on top of poured footings. • Grade plank at perimeter of building to be 2x8 .60 treated, placed one row high. • Wall framing girls to be 2 x 4, spaced at 24" on center, framed flat on outside of columns. • Roof trusses spaced at 6° on center with a design load of 35# live-5# dead-S# ceiling at a 4:12 pitch. • Roof purlins to be 2 x 4, framed on edge over top of trusses and spaced at • approxunately 24" on center fora 35# roof loading. • All wall bracing, jack bracing, lateral web & bottom chord bracing as per building and truss manufacturers design. • Exterior walls and roof finish to be 29 gauge Classic Rib colored steel, in standard colors. • All necessary metal txiras and flashing to match steel colors. • All metal and trims applied with matching colored wood grip screws. Accessories • 24" gable and sidewall overhangs with vented soffit/fascia, in standard colors. • Profile ridge ventilation at peak. • One 3p68 steel clad insulated service door (solid) with keyed lock. • One 12' x 12' insulated steel overhead door, with PVC weatherstrip, in endwall, in white ar brown. • One 44' x 14' bi-fold doox :in endwall, with operator. • 36" high wainscot -perimeter. • 36" canopy over walk door. 5peciallxing in Steel Frame and Post Frame Commercial and.Agricuitural Bulldinfls ~ T www.rambuildinys.com C1 (~ Brapdon Luthens Hutchinson, iV1N z~~lnaea • • Building materials Labor • Builders risk insurance • Structural engineering fees • Delivery • Sales tax • Concrete Footings • Continuous cleanup and removal of debris Not included • Architectural fees. • Building Pemut • )/"XCflVat1011 • Sitework yr Landscaping • Elearical • Concrete • Asphalt • Etc. • • . CONTRACT DOCUMENT The contract amount in accordance with the afvremcntioned specifications: Sh4,llllD .00 CANQfj'; If buyer cantata his order, be will reimburse seller fan the edluel damages incurred, including, without limitation, engineering and special fabrication expenses. ~aRANTY: Seller' 1 wwr n h d i sun er s 1 free fro in nmterial or wor$ma0lhia for one veer from ~mpletion daze. Hayer, by executing this agreement, agrcra then seller's obligation nailer this warrmry shall be limited to a dory to repair ar replace any defective part or parts provided notice thereof is given m sdlw promptly npon diacovcry of such defect by buyer and within a reasonable time afiw camplelinn of portalructim; and buyer fiuthw agrees that seller will not 6e rcsponeihle for conscqucMial damages w any further lass resulting from such defect m defects. This wammty does nw apply m sales of used equipment, m parts requiring replacement bccauae of natural weer, or m pmduwe, acccssorics, parts of attawvnenta which wove not manufactured by Seliw, except to the t:xtcrd of the wanmty given by the manufapurw, thereof: When persons other than acllw, m its coraraclnra wew suuwurw or install prodtr~, antler shall sot 6a responsible far sneh erection a installation ar for the operation of such products. Sellw does not warrant that any product or part meets laced municipal a state ordinances, laws yr regulations. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTfIER WARRANTIES, EXPRE45EP OR IMPI.IEA, INCLUDING THE WARRANTIES OR MERl3~IATTP ASILifY AND F171gE$S, QY]..!'?ER'5 RESPONSiR,f,1,1TIE5: 1. (honer shall be responsible for abteining all building and land use pamitB. fTmw shall also be rcsponaible far placing building so that it dots nm encroach upon arty easements or setback rcquircmenia- 2. Owner shell be rcsponaiblc for removing all obmuwioos and debris Char the cite, including ben not Inrrited tv: eoow, 6uildhag6, wcka, true and ammpa. 3. Owner shell be responsible for aik preparation including but not limited m: leveling the site and setting pale. 4. Owner shag advise RAM Buildmge, Ina. of any potential above pound and undergrarM hazards cud idemity dte latvtioo of strdt hararda. These inwude but ere nw limited m: ovwhcad wirca, dminagc tile, septic tadrc,.tsc. Owner shoo witbatend any repair or moving costa if nac~sery. 5. If underground conditions (Imown or unknown m owner), such as rock m soil canditiats, water a ravwne adtrae RAM Buildings wry edditionel expenses for uac of cquipmwn, labor or marcriels m wow this building, the ownu aheu h rc8pvuaibk fiat W aoeu mwi expenses m do such work • 6. Qwner shall he responsible for winter heat ohergp, incduding gee, hwdw rwrtd nil fans. TITLE: Title m all equipment, merchandise, and property sold hereunder shall remain N setla umtl all arrtarmta due or m became duedue Lereunder shall have been paid in futl, and ell of said equipment, merchandise, and properly shall remain personal pmpmly whahw or nw it u mashed, end rcgardlws of the mwmw in which k is attached, m the real esmoe on which h is kxre[ed or almemd. GQV~RNING LAW: This egrcemem 6ha11 be accepted in. governed by, and mnshued io accordance wlth the Iowa ofthe Shoe of M;rmraala. CO,ASiR$EMEN'~ This egrcwnwd, togwhw with the purchaser's s[memmt referred m herein, oonetlnuea the eornplrSe egreemeru of the parties with respew m the subject molter hwea~ superseding arq and all prior agrcdnattts, wmrm ar oral. Ali agramarm are subjrxt to formal acceptance by RAM Buildings, inc. Purchaser shell have premises ready for raneWCtim 6y The estimated nampledan is days San ihie dale; actlw shall not be liable for delays resulting from etrikca, fits, accidmta, rtes of Gad, a asuap beyond aeller'e opnnoL A down payment of 51,000.00 N required upon signing of the contract. P.n eddhionel 512,1100.00 is due upon approval of permlL Aq additional amount of 512,000.00 is rcquned npon delivwy- Montldy draws based on percent complrae. Final balance is dm upon canpletian. ~.IEN CLAIMANT NO,~CE: As required by the Minnesota Construction Lien Law, Contractor hereby notifies the owner of the following: "(a)" Any person or company supplying labor or materials for this improvement to your property may file a lien against your properb if that person or company h not paid for the contributions; "(b)" Under Minnesota Law, you have the right to pay persons why supplied labor and materials for this impravemeat directly and deduct this amvuat from our contract price, or withhold the amounts due them from us unt31120 days after complefioa of the improvement unless we give you 8 lien waiver signed by persvas why supplied say labor and materials Tor the improvement and who gave you timely notit:e_ "I have read wtd rettive a ropy of the "Cartrect Agn;eropd end Lieu Bnadoo Lntheoe ~k -I D 4Ca1 ~- B~I7.~8 ZriC. PO BaX 660, Winsted MN 55395 • (320) 485-2844 • 800-710-4726 City of Hutchinson Airport Commission 1400 Adams St SE Hutchinson, MN 55350 To Whom it May Concern: Financing for the materials and labor for the 64' x 48' airplane hangar at the Hutchinson Airport will be provided by RAM Buildings, Inc. Sincerely, ^ ~ . Gregg Machemehl RAM Buildings, Inc Specializing in Steel Frame and Post Frame Commercial and Agricultural 6ufldings , www,rambuildings.tom ~ C~ r~ Mar 18, 2005 City of Hutchinson Airport Commission ] 400 Adams St SE Hutchinson, MN 55350 To Whom it May Concern: I intend to provide insurance coverage at or above miniitnums described in utc ' n Munici al Ai art -Minimum Standards for eronauti al Actid , sincerely, _.__ $randon Luthens LJ q a. r CERTIFICATE OF LIA®ILITY INSURANCE DPID °~'~`"~°°"""' aCaRn , _ IiAtII7V-1 08/07/05 Paoouccp 7X13 CERTIFICA7E IS ISSUED AS A MATTER OF INFORMATION Soeh Anderson ONLY AND CONFERS NO RN:H7s UPON THE CERTIFICATE Northern Cnpi tsl lasurance 01p HOLDER. THI5 CERTIFICATE pDES N07 AMEND, EXTEND OR 8.0. Hox 9396 ALTER THE COVERAGE AFFORDED BY THE POLICIES FIEIAW. aaeapolia L@7 55940-9396 Phone;952-996-8818 t'ax: 952-829-0982 INSURERS AFFORpING COVERAGE NAK;Y wi11RW IH5LPQ2 A: xt.ee wte wur.e.e ce 25135 INSIREA e~ State~Yuad Mutual 11347 R7Ltt Huildiaq^ loc. M~eRC P O Sox 660 . . . ~1Q321 Indust,T:aal Dr ' fi n ~. IP,sLx~o L7inated HI7 55395-O fi INSIIPEA E: COVERAGES TI~Pq,InES/y NStNAfKE LISTEf.~CELOW HAVE BEEN IS5UEb TO THE INSURED NV,[G ABOVE FOR l1E POLICY FFRaO N]ICATFD NOTWnHSTMOING ANV Htp11pFMEM. TERM aR C(xpITICW OF ANY CCMIIRALT OR OIYEA DDLIAIEM wlTll RESPECT TO V.111CX THIS CERTIFICATE AMY FE ISSLED CA µAV PEI+TAw. THE INSlH.wME AFFfXeDEO RY TIIE POLICIES DESCRIBER HEREw 1$ SIS,.FCi TO PLL l1E TERMS. E%ausmXS AND LONOITICNS OF Si1CH Pa1LE5 NNaGREGAn: LMNTS SHONM Me,Y HAVE BEEN REDI)GFA BY PAIC CWMS. ATR ME OF wsIIAANCF POLICY Ia)AIBCiI DATE (MA4CDIW) CATS (M LIi9~ GEN9tAL LL18keY EACH OCCIXlaENLE i 1 , non , DD D A X cDMMERCIAL6EhERAiLIAAUIrr PHP 2145130 10/01/04 10/01/05 ppEMl$ES E~AACUr+n a loD,aoD CIAMKi IMDE ~ OCCIR AFD E%P IAAY un. v.raeRl L 5 DDD PERCawLaADVwuRr s 1,000 DoD aEXEAUAOW+ewTF :2,000,000 GENL AGGREGATE lN11T.ePPLIE6 PER. PROOUCrs•CDwroP A66 s2,DDD,DDo Paler °~7 Lac ALrr oMaell>F LMBilTY caMBi~T.T 6iC.LE LMir 11,000,000 A X rHr AUTD HAP20989B0 10/01/04 1n/OS/DS IEB "LYdwU AlL CW~RTO AUTOS BGPLY INJLfiY _ EC1EOIlEG.YRC$ IPr PMOn) HWCa NIT06 [laDLY IX.AIRT i IIDN.OTATIEO ANDS IPU adderq ~A i Ir ddFrrt) GARA6F LIMLRY ~ wroon.r-EA ACCex++r i MlY,Nl10 ~~T<MN EAACC i ALIiD CILY: AGG i EXCEBSAIMeAELLl1 LIAeILOY EACH aCttAT1ENCE i 1,000 ,DOD A X accu+ ~ cWMS AwDE . PAP 8345190 10/01/04 10/01/06 AGGREGATE i 1 000 ODO i DEnucneLE i X r~TaDrncN 410 000 = WORKERS CDAWF/AAl1ON ATeI ~ X Tapr' B ~'""0~A1AB1I'm ANV PROPRIETCIWARII~RFN~MIVE 018047.202 1D/D3/04 1D/O3/05 EL.F.ACH.KCJtlINf ssooooD aFP1CER~kEMFETT FJICILOFDI E.L~DISEA6E-FJ. FLPLOYEE 1600000 ley.F. e..ni,.Ind.r SECIAL PRCVISIOIS EMdv EL DISEASE •Pq,ICY ~eur 1$00000 A Ol11iA Property 9eCtion P8P 2145390 10/01/04 10/01/05 8PP $80,000 Dad Q1,000 aE9CaIPn aP RA-Rau I t cA wJ I IiIC I E%CLUSI ADOEO 6Y ENOORSEMEHrl6PECML PFOVI91~IiB The City of Hutchiasaa is listad as an additional insured na their intermnt may appelar. CERTIFICATE HOLDER CANCELLATION CH[ITCHS eH~." „ ANY aF TIE wove ne9aweEC POLICEe eE~cAlreLLED eeFDeE TXE e>,PitAiloR DATA TIIEIIFOF. TNe mauNC weuReR WLL eNOEAVaR Tn ilAl 10 DAVi werrTis+ NOTICE T'a TIIF CiR71FCAYF H0.DEW NAIm9 TO TIE LIFT, BIIT F+VLUAE M W W WYY.1. City. o! Hutchiaaaa groaF Iro wLgATION OR LLF~rn~TT ~ APn Xw ~an.BE IImIIRER TTi A~rti oR RFPRiimlTATIVli. ALRFIaq~a FIEPRG9itIrI.T1Vi Soah Anderson ACORO 25 (400110Y) O ACORD CORPDRAT1ryN41~~~ CQ . LEASE AGREEMENT BETWEEN CITY OF HUTGHINSON AND Brandon Luthens. This agreement, made this 22nd day of March 2005, by and between the CITY OF HUTCHINSON (the "City") and Brandon Luthens (the "tenant"), is for the purpose of outlining the rights and responsibilities of the parties tc this Agreement. The parties to this Agreement do agree as follows: 1. Lease of airport~roperty: The tenant leases from the City a private hangar lot, as described on a map available at the Gity Engineer's office. The let is situated upon the Hutchinson Municipal Airport, Butler Field, an airport owned by the City. The lot is leased together with land and any improvements that may have been placed on it: The lot is described in an attachment to, and a part of, this Agreement. 2. Use af_the airport,_„The tenant has the privilege of using public portions of the airport in common with other users. Use of the airport by the tenant is subject the rules and conditions as now exist or may be enacted in the future by the Federal, State or City governments. The tenant is subject to customary charges for such use as may be established from time to time by the Federal, State or Clty governments. 3. Term of this agreement: The term of this lease is fifty (50) years. The terms of this agreement begin the data on which this agreement has been signed and approved by the City Council. At the termination of this lease, if the tenant shall have desire to continue to have the above described premises, the tenant and City shall negotiate, In good faith, without obligating either party, to renew this lease at the same price or rent and upon the same terms and conditions as any person acting in good faHh would offer to lease the above described . premises. a. Lease pavments: The tenant agrees to pay to the City: A sum of three cents ($0.03) par square foot, payable annually, as determined by the outside dimensions of the hangar and required appurtenances, to the nearest one-feot, Lease payments are due on or before November 1 of each year. The City reserves the right to amend rates related to this lease no more than on a biennial basis. Rate revisions shall be reasonable and uniform as compared with other fees and rents charged at the City's airport. The City shall give rate revisions due regard to the value of the property leased, the improvements used, and the expense to the City of the tenant's operations. Bi-annual rate Increases shall not exceed five percent (5rya). Any rate revisions shall be adopted by the City Council. 5. Construction of private hangars on leased prppedlG A) The tenant agrees that hangars shall be constructed at no cost to the Clty. In the event the tenant has not completed construction of the hangar an the leased premises within eighteen (18) months from the date of this agreement, the City may terminate the lease without further obligation to the tenant. B) Any hangar built upon leased property shall be constructed in compliance with applicable building codes. The hangar and any attachments and appurtenances thereto, excluding required apron, ramps, parking areas, and driveways up to and asso{:~Atpd with the hangar, must be Iecated entirely upon the leased premises. • ' '~ ; a ; I .~~°~ ~~ • C) Tenants shall ensure hangars conform to design standards described by the City. These design standards may include, but are not limited to, color, style, size, signs and placards, and other aesthetic requirements; as well as engineering requirements including, placement of the hangar upon the lot, drainage considerations, apron or approach design standards, prescribed floor elevations, placement of utility services, and firewalls. Construction and significant improvements may not begin before receiving written authority from the City. D) The tenant shall obtain the necessary regulatory authority and permits from the City. All construction shall 6e in a good and workmanlike manner and shall be in compliance with codes, ordinances, and other regulations applicable to the Gity and Hutchinson Municipal Airport. E) Prior to construction of any hangar located on leased property, the tenant shall furnish tp the Gity, for review and approval, the plans for the building, and provide the estimated cast pf completing the building, The tenant shall provide the Gity with a letter of credit, bond or other security with a surety satisfactory to the City condRloned upon the commencement, completion of and payment for the construction of the building; and against loss or damage by reason of mechanics Ilan. The CIty may specify the acceptable type of surety. F) During construction of the hangar, the tenant andlor tenant's wntractor shall provide a certificate of insurance showing liability limits in an amount acceptable to the City and shall name the City as an additional insured. The City must approve insurance coverage before construction begins. The tenant andlor tenant's contractor shall protect the City from liability to persons ar property for damages arising out of the . construction or customary use of the building prior to obtaining an occupancy permit from the City. During construction, minimum liability coverage shall be two hundred fifty thousand dollars ($250,000) per occurrence with five hundred thousand dollars . ($500,OOD) aggregate. G) Tenants shall pay the entire cost of such construction, and shall pay the entire cost of utility services and other services for the hangar. The tenant shall pay all site improvement costs not provided by the Clty, Including but not limited to, ftlling, grading, gravel, bituminous, concrete, utility Installations, and any other improvements required to properly place the hangar on the leased property. H) Tenant shall construct a parking facility of approximately ten (10) feat from the front of each end of the building in manner as prescribed by the City of Hutchinson. 1) Allowing a mechanic's lien to attach to the premises shall be a default. Tenant may past a cash bond with the Clty pending resolution of a mechanic lien dispute. 6. Use and maintenance of leased propertv: Tenants, at their own cost and expense, shall take goad care of the leased property and any hangar placed thereon. A) Any hangar constructed shall 6e used primarily for the Storage of registered and/or leased aircraft and for related aviation purposes. Approved uses of hangars include aircraft and aircraft parts storage. In addition to the aircraft stored, tenants may store no more than three non-aircraft personally awned motgrized vehicles in hangars. Use of the hangar far purposes other than those described herein shall be described in writing and be approved by the City. Uses other than those desoribed . . herein that are not approved by the City shall constitute a default on the tenant's part. (~`'. . B) Tenants shall keep and maintain the property in good order and repair and in a clean and neat condition. Tenants shall not permit any waste or nuisance on the leased property nor permit anything on the leased property to interfere with the rights of other tenants of the City or users of the airport. In the event the property is not properly maintained, the City may, after notifying the tenant, cause the property to be maintained. The costs of maintenance and an administrative fee will be billed to the tenant and become their responsibility. Unpaid billings may be certified to property taxes. C) Tenants may not stare any property outside the building, except for property commonly stared outdoors, including but not limited tc refuse containers, liquid petroleum tanks used for heating, etc., provided such property is properly secured. b) The cast for customary maintenance routinely performed by the City, related to areas affecting the value or use of leased properties are Included in the lease costs charged far the property, including snow removal, grounds maintenance and maintenance of public apron areas. The City reserves the right to establish separate fees for snow removal from hangar approaches. E) The City performs snow removal throughout the City on a priority basis. The City reserves the right to perform snow removal functions in whatever manner K deems necessary. The Gity intends to provide service up to a reasonable and safe distance from the tenant's hangar. In any case, snow removal in front of hangars is the tenant's responsibility. The City is not required to perform any snow removal function on leased property, but may plow snow on or adjacent to leased properties to expedite other snow removal operations at the airport . F7 Mowing and weed control immediately adjacent to the tenant's hangar are the tenant's responsibility. The City reserves the right to perfann mowing and weed control functions in whatever manner it deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar. The City is not required to perform any mowing or weed control function on leased property, but may mow or perform weed control on or adjacent to leased properties to expedite other maintenance operations. G) The City shall establish the standards by which public apron, ramp areas, and other paved surfaces are maintained. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar. In any case, the tenant is responsible for maintaining ramp areas and other paved surfaces immediately adjacent to the tenant's hangar. H) The tenant must allow the Gity to access to the hangar for the purpose of conducting inspections of the hangar to determine whether the tenant Is complying with the provisions of this agreement. The occupant may be a party to any compliance inspection, and the City Is required to notify the occupant, under Section 15 of this agreement, and make reasonable accommodation to the tenant before conducting compliance inspections. 7. Taxes assessments and other char es: A) In addition to other charges identified in this agreement, the tenant shall pay any taxes, assessments, licenses, fees, or other charges that maybe levied or assessed • upon the tenant's property or hangar pr any activity of the tenant. Upon request by the City, the tenant shall provide proof of such payment. C0.. . B) The tenant shall establish their own accounts for utilities, and pay all rates and charges for any utility used or consumed in connection with or in the leased property during the term of this agreement. Upon request by the City, the tenant shall provide proof of such payment. C) In the event the tenant fails to pay the lease payments, taxes, assessments, fees, or other charges due, the City shall notify the tenant of the default. If the tenant fails to cure such default, the City shall have the right to terminate this lease in accordance with section 8 of this Agreement. S. Termination provisions: A) At the termination of this lease the tenant has the privilege of removing the hangar and associated properties placed upon the leased lot. The tenant shall obtain all required permits. The tenant shall have a period of ninety days (90 days) from the termination date to remove property. In the event the tenant cannot Gamplete the remgval within ninety days (90 days), the City may grant a reasonable extension of time, 'rf the tenant can demonstrate the reasons for failure to remove property within the ninety-day (90 day) period are beyond the control of the tenant. If the tenant does not remove the property within the period granted by the City, the City shall retain ownership of remaining personal property for any municipal purpose ar cause the personal property to be removed at the tenant's expense. B) If the leased premises becomes deserted, abandoned or vacated for a period of more than four (4) months, the Gity may terminate the lease. If the tenant's Interest in the property is taken by process of law, the City may terminate the lease. If the • buildings or properties on the premises are destroyed, the City or tenant shall have the right to terminate this agreement upon giving written notice, with response, tp the other party. C) Should the tenant default in the partonnance of any terms, conditions or covenants of this agreement not otherwise specified, and should the default continue for a period of more than thirty (30) days after the City serves the tenant with written notice, the City may terminate the lease. Serving the tenant with written notice includes reasonable attempts by the City to contact the tenant, and may include use of certified mail with return receipt andlor personal service. This may be done with or without terminating this agreement and without prejudice to any other remedy for lease payments or breach of covenant. In any such event the City may terminate this agreement 6y giving written notice of the termination. The rights and remedies given to the City are, and shall be deemed to be, cumulative, and the exercise of one shall not be deemed to be an election excluding the exercise by the City at any other or different time of a different or Inconsistent remedy. . A) Should the leased property be declared condemned, either because the airport is closed to the public, or the property is needed for another municipal purpose, the City shall reimburse the tenant for all lease payments received from time the lease was signed until the property is vacated. The City shall provide the tenant with at least ninety-days (90 days) notice of such action. ~~ 9.Liability provisions: A) The tenant agrees to defend, indemnify and hold harmless, including reasonable attorneys' fees, the City and all its agents and employees from any and all claims, demands, actions or causes of action of whatever nature or for loss of or damage to property or injury to persons occurring on or about the above described premises arising out of or by reason of the execution or the performance of the services provided in accordance with this agreement. The City shall not be liable to any extent for, nor will the tenant make any claim against the City for or on account of any injury, loss or damage resulting from the tenant's property or use thereof, including any claims by third parties. e) The tenant shall obtain and keep current a liability insurance policy with the City as a named additional insured and shall be in a form acceptable to the City. Inability to keep adequate insurance coverage shall be considered a default. After construction, minimum liability coverage shall be one hundred thousand dollars ($100,000) per occurrence with three hundred thousand dollars ($300,000) aggregate. C) The tenant shall obtain, and provide upon request verificatlan of, all licensure requirements of the City of Hutchinson. State of Minnesota and/or the United States Government to legally comply with this agreement. 10. Transferrin sublettin sellin :The tenant shall not transfer, sublet or sell any interest in this agreement or in the improvements located on the property witheut Flrst obtaining the written consent of the City, which consent shall not be unreasonably withheld provided the proposed assignee, subtenant or purchases can demonstrate the ability and sufficient business record that it can carry out the terms of this agreement and has not been in any situation or condition that the City finds objectionable. Failure to obtain written consent shall be sufficient grounds for terminating this agreement without obligation of the City to the tenant. 11. Amendments: This agreement shall not be amended except by written document signed by all parties to this agreement. 12. ~Iscriminatian provision: The tenant, in the use of the Hutchinson Municipal Airport, shall not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, or national origin or in any manner prohibited by Part 21 of the Regulations of the Office of the United States Secretary of Transpartatlon, and the tenant further agrees to comply with any requirement made to enforce such regulation which may be demanded of the City by the United States Govemment under authority of said Part 21. 13. Laws, rules and regulations: The tenant shall abide by and conform with all laws, rules, and regulations, including future amendments thereto, controlling or in any manner affecting the tenant relative to the use or occupancy of the tenant. • C~- 14. Venue for causes of action: The laws of the State of Minnesota shall govern this lease and • the venue for any causes of action shall be McLeod County, Minnesota. 15. Notices: All notices under this agreement shall be sent to the following addresses. Tenant is responsible for notifying the City of mailing address changes. If to the City: City of Hutchinson Airport Manager Hutchinson Municipal Airport -Butler Field 111 Hassan St SE Hutchinson, MN 55350 If to the tenant: Brandon Luthens 18503 Nickel Ave Hutchinson, MN 55350 CITY pF HUTCHINSON: By: Attest: • TENANT: By: Luthens Dated: (Steven W. Cook, Mayor) (Gary D. Plotz, City Administrator) Dated: (Tenant) C~ 6 CQ~ ~~ o 0 r ,~ r1 ~~ o ELEYR~30N o ~ o ~ ~ E ~ ~ ~ ~ ~, _--_~ d z us Z Z ffi x z Q O x 4 X p !~ I ~~ ~ n u ~ ELEVAT{ON --~ ~ m ~ ~ ~ m + +- ~ r~.~.y~ ~.N . l / ~~ 1 "'~ 1 '~ AIRCRAFT ~ ~ FUELING r HE!_IPA~~ ~ ~__~ ~ s Paet~t'FaxNote 757! °oi~ 3/1 InS Paog+~ .r . _~. ~o~~ Q sow ~~ , °'~ ~ c a ~ r D~4 PF~uwe ~ ~ FMn M Fu/320'23 _ ~ FasF ~ "= 50' 6 ~ Ir i j N ~- i~ '} .~- ~rru r w D ~~ .. - ~~ V i ~ ~o~ -= ~~ FEE STORAGE ~ ~ TANK C~ - ~ N T A TANK ~ + m a N V ~/ ..t i 9 - .~._. rl I I ,. ~ ~' ~+ w ~ „D C ~ ~ ~- Q ~- O ~ ' + + -, _ _ F-e, ~, N k fc- 5(1~ 1- C . rfl ;~ p. ~~ ,.. _. . ~~ ~ S _ L m 2 . The tenant Is leasing Private Conventional General Aviation Hangar Lot'#3, afifty-foot wide by fifty-foot deep lot in the first row of private conventional general-aviation hangar lots, identified py the City. Appurtenances required for utility provision shall be placed upon leased space in a manner consistent with existing regulations. See attached map. • Q • City of I~ W ,~•~ Mfil~ City of Hutchinson 1-Jutchinson Municipal Airport _ Butler Field Maintenanoe Operations 14pD Adams St 5E Hutchinson, MN 55350 Phone (320)234-4219 Fax (320)234-6971 March 17, 2005 To: FTonorable Mayer and City Council members From: John Olson, Public Works Superintendent CC: john Rodeberg, I}ir. of Public Works Subject: Request to Consuvct Private Conventional G.A. Hangar Gregg Machemehl, representing RAM Buildings, Inc. of Winsted has requested a lease to construct a private conventional general-aviation hangar. RAM Buildings, Inc. has constructed several private hangars at the Winsted Airport. The location chosen is not in conflict with other requests. • ItAM Buildings, Inc. Las submitted all ittformation requested from the City, identified in the Airport Ivlinitnum Standards for Aeronautical Activity, including: a. Provide a statement of proposed use for the private Langer. b. Provide a concept drawing of the private hattgar. c. Provide a cost estimate, from a builder or building materials supplier. d. Letter of credit or other surety satisfactory to the City that the applicant has the financial wherewithal to complete the project in a timely mariner and is verifiable through narrmal banking channels. c. Provide a statement of intent to purchase insurance coverage at ar above minimums and have addressed other issues related to private hangar construction identified in the Airport Minimum Standards for Aeronautical Activity: Pxivate conventional general-aviation hangars carmot be used to provide arty commercial services conducted at the airport. These hangars are only for storing aircraft used for personal, business or pleasure use. The placement of the hangar on public property will be under lease, which terms are agreeable to RAM Buildings, Inc. 1Jpon request by Marc Sebora, City Attorney, the law office of Gavin, Olson 8c Winters, Ltd. reviewed the lease document. Their comments were incorporated into the lease docturwxt. qc~~ MAR~16-2005 WED 10:28 AM RW81111~4 FAX No. 3204853625 P. 002 , City of Hutchinson PO Box 660, Wlnsted MN 55345 • (320) 485-2844 • 600-710-4726 Airport Commission 1400 Adams 5t 51; Hutchinson, Iv7N 55350 To whom it may concern: Tkte proposed use of the 50'x 48' airplane hanger will be for aircraft storage. The use will be private only - no comm~rci,al service or operations will be conducted. • SincarelY, nn • l~.-~~ Gregg ]via eJnehl G&R Properties Speclallxing 1n Steel Frame end Post Frame Cammerdal and A4rlculturel BullAlnps www.ra mbulldings.cppt ~ ~~) MAR-16-205 wEU 10.28 AM C~ IY1C. RIVIBJIl~S FAX N.• 323d853825 P. 003 PO Box 660, Wlnsted MN 55385 (32D1 q85-284q • B00-710-4726 G & R Properties 101211ndusirial Drive Wiasted,lylN 55395 SD' x Q8' : X4' Yosi Frame Building Specifications . • Building • ' ' • ' • . • PerieteTer wall posts to be 3 ply 2x6 colurnus, spaced at 8' nn tartar, stld Set in ground 4'6° + an top of poured fov4ngs. Grade plank at perimeter of building to be 2xB .60 treated, placed one row high. • Wall li'ariting guts to be 2 x 4, spaced at 2A" on center, framed flat on outside of columns. • Roof busses spaced at 8' on center with a design load of 35# live-5# dead-5~1 ceiling at a A:12 pitch. • • hoof purlius to be 2 x 4, framed on edge oven top of trusses and spaced at approximately 24" an centar fora 35# roof loading. ^ All wall brac'mg, jack bracing, lateral web 8c bottom chord bracing as ,per building and truss manufacturers deslgrt. ^ Exterior walls and roof finish to be 29 gauge Classic Rib colored steel, in standard colors. _ ._. - _ _ ._ _+. All necessary metal trims and flashiag to match steel colors. • All metal and trims applied with matching colored wood grip scrpnva. Accessories • 12" overhang an one cud wall'avith vrmted soffit in standard colors. • 12" overhang oA both, side walls with vented soffit is standard colors. • One 3048 steel cladrnsulated service door (solid) with deadbolt leek. . _One,&amed.openirtgfor.a,44.' wide.xl5.'a6".tall bi.•~'old.door, located on the endwall of building • One 44'x 15'-6" Bi-fold door ineludi~ag steel sheeting 8c trims to cover door, and elec4tic opener. • profilevent at ridge cominuous. C~ Speclatlzing In Steel Frame end Post Frame [ommerelet dnd Agricultural Bulldlhps q ~4) MAR-16-2D05 WED 10:28 AM WY~111IH6 fAX do. 3204853625 P. 004 Concrete • 4" concrete floor with wine mesh and sealer • 4" concrete apron (4'x 4b') • 4" concrete stoop (4' x 5') Electrical 100 AMP service • ]look-up fior bi-fold door opeaec • 6 - 300 watt quartz fixtures • 1 - single pole switch + 6 -outlets Excavation - 50'x 48' pad ^ Remove existing topsail and replace with fill and tap with gravel • Finish grade with black dirt from site Asphalt • ~r3i'x3" bituminous pad T.o~ac~n~ ~^r+y Incladed • $uildittg materials • Labor • But~deas zisk iuasuranee • Stxuctuzal arigipeering £ees • Sales tax •. p • • Coanr~n • Electrical • Asphalt ,• • l?xcavatioA • Dumpetcr Not included • Architectural fees. • Survey and plot plan drawing • Plumbing/ Pleating ^ Interior wall and ceiling insulation 8c linar r Seeding or sod • Special inspections ^ Eia. y~4~ MAR-lfi-2005 WED 1D:28 A01 C, J • C~ RW AlI11Ef5 FAX No. 3204853625 GON'J.'TLA.Crf pgCUNT~NT ~ Tlu contrbM amouat in accorddnce with the afdfernwtioped gpecit5catlong: ~ '4'1 ZV p • OD CANCGLLATYDN; Nbvyer =anee}a his melee, he will reimbu.a[ Geller for the uetod demvgat inewrul, ineludwg, w}ih0vl IlmhaliUn, an{InaP/la{and spmlal fabhcalion e%pantd. WARAANf1': w an he ~ Is r reov o in mnruiel or wvSkmo„ehin fol one vcsr e m (jvp duc. Buyer, by racrufing tha agreemvn6 .grew deal avlleYS obli;nlialA undo ddr wmr.w,ty rbnll be limned W e dory ro rvpeir or rnpleu wY defcnrivepart m ports provided uvtkethneof la giveb W idly promptly upon diseovcry of oudt dcica[by buyer and within a reuonvble lime edu eomplgibn of wntlrodlon; and buyer gtdhat e{mee that edlvr will not be retpmssibla for tansegocniial domnget W any fuAmr loot revelling San Wnh deg+ne w ddkeq. 7hit wertenry dom nut appry ro sdas of mee egaipmen4 to pena requirin¢ repineement beceuoa of naNrd wnu, veto predndt, ectcetvtltA, path of attechmtmt which were eat manufeanued by eellu, except to else extent of else wunanry {ivan by tM menufacmrcr, dlcnof. When pcsons aNW rho. idler, wits conheclon uect trtocturss wlnssdl ProdrrAS, adlvahMl not lie retponalbla for =v=h eydian w imWlatian er for elk operation of such productA. Seller don nql weans lhd any product w pan meet{ toed munidpd v rt.1c erdinwen, Iuwa a .xgvlniMr. TIpS W AR1VdVfY iS EXPRfiSSLXIN LU+t] OF Af.4 C'T#~ W ATUtANT~S, E7CFR>`SSI:b OR IRtip1.lED, INCLI1DQiG THE W Ali]C4N7IES OR MSRCkIANI' A6fLl'7'Y AND FI1TfB.S3. OR'NER' 5'RE SP ONST@1'4II18$: L Ownrt obeli be rasponsibk Tw olNialn{all bvddiog wd land vx perroly pwrrer a1ud1 avo b. tnpomlbla !w plod.{ bWldi~ tv that itdws nut rncrwch open arty enemnus er mlbadcraquiremtarR. Z. Dvmer than be raapootibk lvr remwlrrg aR obattuNiam vrd debda 5wn tM t}k, irwluding bYl aollimiMd q: aauw, buildibVr rode, tenet and dunpa. , 3. Dmrer obeli be taepnnilyde Tor irk prepwemrinduding but mll}miaed tR leveling du Giro ahd addo{{taR. ~, pwaer shall odviteRAMPoildingt,7na. nT eny pmemid ebova ground and underpunnd huzWtrd idnntlfy Nre WeMlPro of w~ hasarda These indude but are nut limited m: averlwad whae, dn}oaga 410. aepde uLkf, rda. GWpv dwd wiWNaad aW' ropa'r er ennui.{ even if nereravy. 5. v ondvgrnund uoditiont (Imown w tWotowo to mwu}, ouch ~ rods wtvd vondidam, wacar w vetoer. rnna RAM Buddbrgt any additiond expenta. iQ me of egtirpmaM, Iebw nr mbtarkk m ercnt Wit truilduµ the owner obeli ba reapmdbla fo[ uR tqh aaW alcPannt to do such wgpL b, t)`vna eha11 be mapamlbk WP wirder bat dru{aa, hwkdirr{ Fw. hea4r rerdd ~ furp. ~: Teller. dl equipment, rnerahendiae, urvd property cdd hereunder shad roman Go aelkt u0til dl uawtgad duo wen beaoarw due heMrmdu obeli heva been pdd M fidl, and all of add oquipmcm, marchanehe, and propmry obeli tMPaua perraod pmpgq whmha ar not h 11 anadred, Gael rgvdlal of the monde lawhkb k h atudw4 ro the tad setare dawhl~ k M locaacd w iNaglgd. Ow.kNMs t_,Aw: Thb ogt'eemew obeli be veepted kr, gayenrd by, and amurruad 6a ae,:ordw,m veld th. Lgws at dw gIM ate Mbmarot~ CDMPLEI'E A GREEiSfELfG Thia o{reemen4 togadler w16, the purchasers aoromau rcfened le htrela eenedtnW doe emnplak egrxment of drc putiw with types q the evb}eet meta:r heratlf, wpemedm{ Goy Gael dl prim agreanvah, wddw or wd, All ogreeanenu acv sub}aa w farmd evcuptrue bykMf Buildings, lda Fwcbaru shall hwe premiss ready fun cmrhuclioe by ~,~ The edimded cosrgkdon it days Aom Ihls dart; taller tbdl nm be Rabk tat ddaya rev. siting fiom phikee, fimc, Peeideah, acv dfTO4r w eguau beypnd sdlM! aoetrd. A down payment of gp.00 it tequhcd npoa signing of the wnlnoR An addil'wnd arrromd of 51{,ppg.ve h Tequired apoo ddhtry. Mo,wha dnwe u taquired. Fidel 6donce e(k due epee compledm t IRN CLAIMANT NOTICE: At regnirad by doe MiMaaou Cmumtvden Lien Lew, Cmlmetvr hereby notilku Ilea pwda of tlla following: "(oy' Ar1y pert.. a wmparry supplylog labor yr metwiat for tltit hnprovemedt h yew property may 616 a Ile. opbM ymp proPrfry' iI }bet pcravn w wmParp• it nut paid fat pre cvnvibutiont; "(67' llndu Miateebu Luv+. YW have the rightW ply peeve wive aapplicd labor and materiels for Oh Iraprovcmmt dirully add dodoes dtis amdnnt 8om our eovuaet ptiva, m wNIJn1d the unounh due diem from m unijl 120 deyr alW ovrrtplnion afthe Imprvvrment udw rev giro yw .Gun waiver tigaed by perswdf who snppl'md ony labor on0 maraids fm Na improvardmt and who gavayou wetly gotta. "1 Awe read ud rouivad a OnpY of the ^Caditad A{nl(nMll and lien Cip)pgnt Nodal" G & IRkrvpertiu Dan RAMSuild ,bee. l;aK{{ Y ~~ pate P• 00.5 ~ ~a~ MAR-18-2005 WEO 1028 All RW9111096 ,. FAX No. 3204853625 P. 006 , ACORD CERTIFICATE OF LIA6ILITY INSURANCE aE lp °nTI11NIM0EErY1'YI RAMB11-1 03/07 06 •nooueER 7HI8 CERTIFICATE IS ISSUED A8 A M1ITTER OF INFORrAATIDX Fro~h Aadozsaq ONLY ANDCONfER9NORIGHT9UPDNTHECEHTIFIGATi Noktha3a gapital I[ISDZBACe Op HOLDER. THI& CERTIFICATE DOES NOT AMEND, EIITENb All E.O. HOa 9996 ALTER THE CgVERAGE AFFORDED pY THE POLICIES 9ELOW, tdivneapglla Iey 66140-9996 Rhone: S52°996-8816 F6x:962-829-0462 IN9URER9 AFFOpO1NO CDVENAOC NAIL/ 1x1 MSUPlRA am .wr paa..q.. a 25198 y ~ ilsunF,l9: etsto Y'°nd aflltual 11147 P O_ Aoxd6r18a Ipa. rn+nEA C; ],p12 Iadu9trial Dz N$ilR O: i Miaa~ee F41 ES399-0660, - INAFER E: COVEAADEB nIF oO,IC IES W iNSJP!NCE l1eT[D EEIWI •'~~~ ElEN r5supp 1° TNI HsMEO r+^A+EO Ae°YE P°ATK PDIICY .En~pp ngICn1E°. No1WRN/iµON4 µr PFFN~P[nlM, TCMH CR C W°RIW OK µw LONfPnCT OP URIEP Op[uutM' WRH PESPECr i° wNl[X r,u5 CERiNIGrE mcv IF IId.1ED pl ,.u.Y PCPLAN, THE waxPµCE nFFOROFO By TNF POII[45 pe9LRipEO HEPEY IS 9JBJECT TO All THE TEIIAS,lKLIICIW4 ANO LdalTgNl Or lIIL}I POIILIlS. AG4r26ArC LYAM6 fMq+YN W1Y IuvF BFFN REDLCkTf YY PAn CNae. LTR N/ TIE Of INYLfnAH~E IaIEY NIIMP[ll pATF Mx4°0 G IN lNA1T!< ~NP,Y,,u,,,w,,,~ e+alxculRewez /l,oo0 000 L x Car.+lRC°I, aEMPAIIWNdrT PSII 21461Y0 ~ 10/01/04 10/01/05 PPEM~6 E raceuxieF i 100,000 CWMI r.NDi ~OCOA Nfh FN'I~Y •M PI~Wn) i 6 ODO • PEn6°WL \~DY ULAIpr' /1/000 000 pENERIL A°°AlOA1E i 2 , 000 , 000 6llIE If.OPEGATE IIMIA.PLl6 PER; vnp0°Cm •cdvroP AO° t2,OD0,D00 ' PPIICY d IAC nn oa°w~IWBEIrr coneNEOeialeLAiT ii oeo r r000 L % ANYAYIO 9A8$099940 1D/01/04 10/01/05 IEEIegINll /uONNOAVRK EWILr MAFY / K11000lW ADRM IPN iNxnl INip/\Ir°I PEDItY ~ 1 ' NOIFVMIlOMlrgi I r PEOP[RIY GN.WQ ' / . 1!Y P<O/N /l CMNOE INILNr wLY-CAACCO[Nr Ml M . 1 ANr AUm ~~ nn eA ACC p / Allen 04Yt A00 1 ncnEAaineu wAUlr ~ e+c>raumRlra .1,000,000 ra xcun ~nrawaE EaR Y14B130 l0/01/04 iD/pl/D5 .n°ReeATe 11,000 ooe 1 vE / nFrvnlvl f1q 000. / WORMiRi CONP~NIa1mN ANO X r 9 i11PloYERC wiLRP 01904'1.205 10/OZ/04 10/Ol/OS EA. EALNACCIOlNr 5500000 IJII' NwPnIETONPpnrK'n'FIYORxQ MNEEWMEMBER FA0.FOi01 Ei. gl[AR-CAEYPLOY[C i 100000 i~icv~i aow9wnee*w ~ ll. dswu.odacr A/Mr 1500000 ~~ ]- Prppazty ¢aatiea P6t 214S19D 10/01/Ot SD/01/05 HEB OS0,000 bed 11,000 O[.cN ° FMrpNlll A x r u 1 Aoo o I PiC PROYNgN Thy City ai Nutchinavn is llstsd as an edditialEal laavswl as thel,r igtAF~at may app*as. . r•\Nt•wl l aTrlW CAVTCNI PNOxIA•Nr er TNF ~itlW OEICPIB[O FOLKlli 9l CrNC9LL4OBMpRi TIK iNFMT10N BATE THF111Of~TN[IIFUNOINryn~Y,T.E [HOrnYbATO YAI SD o-Yi Ylllrl'!trl ' NTK7 TO TMf KERTNN:\19 MRL°En NAN1970 Tra LYT, Wr faLIRKTP ~ W t11Y1 eity at Hutnala9ea woliNOnulvgaN°RlarrtvnwYwiwur°NTN4wWlw.mAaeNnaA IIYPRE1wTA'INRa . roll ama Lnderaall ACORb 2C 1790rreq _ ..__.._ __... _._..._....__ .1 ~ C0. l~AR-15-2005 WED 10:29 AEI RyININ18S S ecurty_•S ank ' W aconia • Clxaalu • Mayer • New Garmartiy • March 15, 2005 G & It Properties, I1.C .Attn: Gregg Machemehl P.O. EDx 6fi0 Winsted, MN 55395 Dear Mr. Macheurehl: fAX Na• 3204853625 "Che purpose of this correspondence is confirm with you that Security Baak Wacaaia has set up a revolving lint of credit with your company to provide ongoing financing for the construction of avplane hangers 1 buildings. Tf you should requite any additional documeniatiaa in regards tc this, please fcelfree to contact me. Sincerely, 1 ~ ``/~"` Paul R.IDhncon Senior Vice President P. OOl OFFIC65 AT: 639 South Elm St. 1575 Whlte Oak Dr. 317 Aah AVe. N. 27D BroaOway Bl. H. BOX 159 P O P.D. Bax 45 MN 55397 Wacanla P-D. 6oX 210 GhaaKa, MN 55318 P.D. BO% 133 Mayer, MN 5536D . . NaW Germarry, MN 55967. , (952)442-5191 (aS2)446.2285 (Bfi2)657.2309 FAX:657-2352 (952)353-2221 FAX: 857.2510 FAX:g42.5029~ FAX: 44&7~e ~ CQ) ,- - T ± ~~ ~ . ~ , a r ~~ ~ 1 - ' pN~ N ~ ; f~h1~N~ /"'` ~ PoatiC Fax Nde 75?1 -23y ~ '' = So ' I " .j W M ~O ,. '~ -[~- ~rrur D ~_~~ AERCRAFr ~ ~ ~ ~ . ~~ Vl FUELING ~ ~~ I E I ~ L STORAGE ~~ ~ TANK C~ T A TANK ~--~~. m v ti .. f ~. i i :. i ~~ ~ ~ HEl1PADf~ ~ ..... ~. ~. 1 ' ~~ . . ~C~otq Ted 7^ Ng r ,. ~ ~ Q o ~ w ° ~ 0 0 ...~ a~ ~r f r rr ii ---- -~ L----- ~'~ .} 7 . • ~nr .. ~ . a o + 6 §a_ a ~ at Q U z x w z ~ ~ ~ ~ ~ ~ uj ~ - o O ~ ~_ ~ X 'U O X ~~ ~~ `u E, ~LEYAT{ON ~ ~L~1IAT~ON q ~¢ '~ ~~ LEASE AGREEMENT BETWEEN CITY OF . HUTCHINSON ANI7 RAM Buildings, Inc. This agreement, made this 22nd day of March 2005, by and between the CITY OF HUTCHINSON (the "City") and RAM Buildings, Inc. (the "tenant"), is for the purpose of outlining. the rights and responsibilities of the parties l0 lhis Agreement. The parties to this Agreement do agree as follows; 1. Lease of airport prnperty: The tenant leases from the City a private hangar lot, as described on a map available at the City Engineer's office. The lot is situated upon the Hutchinson Municipal Airport, Butler Field, an airport owned by the City. The Iqt is leased together with land and any improvements that may have been placed on it. The lot is described in an attachment to, and a part qf, this Agreement. 2, Use of the_airnort: The tenant has the privilege of using public portions of the airport In common with other users. Use of the airport by the tenant is subject the rules and conditions as now exist or may be enacted in the future by the Federal, State or City governments. The tenant is subject to customary charges for such use as may be established from time to time 6y the Federal, State or City governments. 3. Term of this a reement: The term of this lease is fifty (50J years. The terms of this agreement begin the date qn which this agreement has been signed and approved by the City Council. At the termination of this lease, if the tenant shall have desire to continue to have the above described premises, the tenant and Gity shall negotiate, in good faith, without obligating either party, to renew this lease at the same price or rent and upon the same terms and conditions as any person acting in good faith would offer to lease the above described premises. . 4. Lease gai!ments: The tenant agrees to pay to the City: A sum of three cents ($0.03) per square foot, payable annually, as determined 6y the outside dimensions of the hangar and required appurtenances, to the nearest one-foot. Lease payments are due on or before November t of each year. The Clty reserves the right to amend rates related to this lease no more than on a biennial basis. Rate revisions shall be reasonable and uniform as compared with other fees and rents charged at the City's airport The City shall give rate revisions due regard to the value of the property leased, the. improvements used, and the expense to the City of the tenant's operations. Bi-annual rate increases shall not exceed five percent (5%). Any rete revisions shall 6e adopted by the City Councl. 5. Construction of rivate hen ors on leased ro e /~ The tenant agrees that hangars shall be constructed at no cost to the City..'In the event the tenant has not completed construction of the hangar on the leased premises within eighteen (18) months from the date of this agreement, the Gity may terminate the lease without further obligation to the tenant. B) Any hangar built upon leased property shall be constructed in compliance with applicable building codes. The hangar and any attachments and appurtenances thereto, excluding required apron, ramps, parking areas, and driveways up to and associated with the hangar, must be located entirely upon the leased premises. r1 ~~~~ • C) Tenants shall ensure hangars conform to design standards described by the City. These design standards may include, but are not limited to, color, style, size, signs and placards, and other aesthetic requirements; as well as engineering requirements including, placement of the hangar upon the lot, drainage considerations, apron ar approach design standards, prescribed floor elevations, placement of utility services, and firewalls. Construction and significant improvements may not begin before receiving written authority from the Gity. D) The tenant shall obtain the necessary regulatory authority.and permits from the City. All construction shall be in a geod and workmanlike manner and shall be in compliance with codas, ordinances, and other regulations applicable to the City and Hutchinson Municipal Airport. E) Prior to construction of any hangar located on leased properly, the tenant shall furnish to the City, for review and approval, the plans for the bullding, and provide the estimated cast of completing the building. The tenant shall provide the City with a letter of credit, bond or other security with a surety satisfactory to the City conditioned upon the commencement, completion of and payment for the construction of the bullding; and against Ivss or damage by reason of mechanics lien. The City may specify the acceptable type of surety. F) puring construction of the hangar, the tenant and/or tenant's contractor shall provide a certiflcate of insurance showing liability limits in an amount acceptable to the City and shall name the Cify as an additional insured. The City must approve insurence coverage before construction begins. The tenant and/or tenant's contractor shall . protect the City from liability to persons or property for damages arising out of the construction or customary use of the building prior to obtaining an occupancy permit from the City. During construction, minimum liability coverage shall be two hundred . frfty thousand dollars ($250,000) per occurrence with flue hundred thousand dollars ($500,000) aggregate. . G) Tenants shall pay the entire cost of such construdian, and shall pay the entire cost of utility services and other services for the hangar. The tenant shall. pay all site improvement casts not provided 6y the City, including but not limited to, filling. . grading, gravel, bituminous, concrete, utility Installations, and any other improvements required to properly place the hangar on the leased property. H) Tenant shall construct a park{ng facility of approximately ten (10) feet from the front of each end of the building in manner as prescribed by the City of Hutchinson. I) Allowing a mechanic's lien to attach to the premises shall be a default. Tenant may post a cash bond with the City pending resolution of a mechanic Ilan dispute. 6. Use and maintenance of leased roe :Tenants, at their own cost and expense, shall take goad care of the leased property and any hangar placed thereon. A) Any hangar constructed shall be used primarily for the storage of registered and/or leased aircraft and for related aviation purposes. Approved uses of hangars irrdude aircraft and aircraft parts storage. In addition to the aircraft stored, tenants may store no more than three non-aircraft personally owned motorized vehicles in hangars. Use of the hangar for purposes other than those described herein shall be described in writing and be approved by the City. Uses other than those described herein that are nat approved by the City shall constitute a default on the tenaM's part. g~4~ B) Tenants shall keep and maintain the property in good order and repair and in a • clean and neat condition. Tenants shall not permit any waste or nuisance on the leased property nor permit anything on the leased property to interfere with the rights of other tenants of the Gity or users of the airport. In the event the property is not properly maintained, the City may, after notifying the tenant, cause the property to be maintained. The casts of maintenance and an administrative fee will be billed to the tenant and become their responsibility. Unpaid billings may be certified to property taxes. C) Tenants may not store any property outside the building, except for property commonly stared outdoors, including but not limited to refuse coritainers, liquid petroleum tanks used for heating, etc., provided such property is properly secured. ~) The cost for customary maintenance routinely performed by the Gity, related to areas affecting the value or use of leased properties are included iri the lease costs charged for the property, including snow removal, grounds maintenance and maintenance of public apron areas. The City reserves the right to establish separate fees for snow removal from hangar approaches. E) The City performs snow removal throughout the City on a priority baste. The City reserves the right to perform snow removal functions in whatever manner it deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar, In any case, snow removal in front of hangars is the tenant's responsibility. The City Is not required to perform any snow removal function on leased property, but may plow snow on or adjacent to leased properties to expedite other snow removal operations at the alrpork • ~ Mowing and weed control immediately adjacent to the tenants hangar are the tenant's responsibility. The Gity reserves the right to perform mowing and weed control functions in whatever manner It deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar. The City is not required to perform any mowing or weed control functioh on leased property, but may mow or perform weed control on or adjacent tq leased properties to expedite other maintenance operations. G) The City shall establish the standards by which public apron, ramp areas, and other paved surfaces era maintained. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar. In any case, the tenant is responsible for maintaining ramp areas and other paved surfaces Immediately adjacent to the tenants hangar. H) The tenant must allow the City to access to the hangar for the purpose of conducting inspections of the hangar to determine whether the tenanC is complying with the provisions of this agreement. The occupant may be a party to any compliance inspection, and the City is required to notify the occupant, under Section 15 of this agreement, and make reasonable accommodation to the tenant before conducting compliance inspections. 7, Taxes, assessments. and other charsaes: A) In addition to other charges idantifled in this agreement, the tenant shall pay any taxes, assessments, licenses, fees, or other charges that maybe levied or assessed upon the tenant's property or hangar,or any activity of the tenant. Upon request by the City, the tenant shall provide proof of such payment. ~ ~4~ • B) The tenant shall establish their own accounts for utilities, and pay all rates and charges for any utility used or consumed in connection with or in the leased properly during the term of this agreement. Upon request by the Gity, the tenant shall provide proof of such payment. C) In the event the tenant fails to pay the lease payments, taxes, assessments, fees,' or other charges due, the City shall notify the tenant of the default. If the tenant fails to cure such default, the City shall have the right to terminate this lease in accordance with section 8 of this Agreement. $. Termination provisions: A) At the termination of this lease the tenant has the privilege of removing the hangar and associated properties placed upon the leased lot, The tenant shall obtain all required permits. The tenant shall have a period of ninety days (90 days) from the termination date to remove property. In the event the tenant cannot complete the removal within ninety days (90 days), the City may grant a reasonable extension of time, if the tenant can demonstrate the reasons for failure to remove property within the ninety-day (90 day) period are beyond the control of the tenant. If the tenant does not remove the property within the period granted by the City, the City shall retain ownership of remaining personal properly for any municipal purpose or cause the personal property to be removed at the tenant's expense. B) If the leased premises bewmes deserted, abandoned or vacated for a period of more than four (4) months, the City may terminate the lease. If the tenant's interest in the property is taken by process of law, the City may terminate the lease. If the • buildings or properties on the premises are destroyed, the City or tenant shall have the right to terminate this agreement upon giving written notice, with response, to the other party. C) Should the tenant default In the performance of any terms, conditions ar covenants of this agreement not otherwise specified, and should the default continue for a period of more than thirty (30) days after the City serves the tenant with wdtten notice, the Clty may terminate the lease. Serving the tenant with written notice includes reasonable attempts by the City to contact the tenant, and may include use _ of certified mail with return receipt and/or personal servige. This may be done with or without terminating this agreement and without prejudge to any other remedy for lease payments or breach of covenant, In any such event the City may terminate this agreement by giving written notice of the termination. The rights and remedies given tv the City are, and shall be deemed to be, cumulative, and the exercise of one shall not be deemed to be an election excluding the exercise by the City at any other or different lima of a different or Inconsistent remedy. D) Should the leased property be declared condemned, either because the airport is closed to the public, ar the property is needed for another municipal purpose, the City shall reimburse the tenant far all lease payments received from time the lease was signed until the property is vacated. The City shall provide the tenant with at least ninety-days (90 days) votive of such action. ~L~~ • 9.Liablllty nrovislons: A) The tenant agrees to defend, indemnify and hold harmless, including reasonable attorneys' fees, the Gity and all its agents and employees from any and all claims, demands, actions or causes of action of whatever nature or for loss of or damage to property yr injury to persons occurring on.or about the above described premises arising out of or by reason of the execution or the performance of the services provided in accordance with this agreement. The City shall not be liable to any extent for, nor will the tenant make any claim against the Gity far or on account of any injury, loss or damage resulting from the tenant's property or use thereof, including any claims by third parties. B) The tenant shall obtain and keep current a liability insurance policy with the City as a named additional insured and shall be in a form acceptable to the City. Inability to keep adequate insurance coverage shall be considered a default. Afler construction, minimum liability coverage shall be one hundred thousand dollars ($100,OD0) per occurrence with three hundred thousand dollars ($300,000) aggregate. C) The tenant shall obtain, and pmvide upon request verification vf, all Iicensure requirements of the City of Hutchinson, State of Minnesota andlor the United States Government to legally comply with this agreement 10. Transferring, sublettinst. selling; The tenant shall not transfer, sublet or sell any interest in • this agreement yr in the improvements located on the property without first obtaining the written consent of the City, which consent shall not be unreasonably withheld provided the proposed assignee, subtenant yr purchases can demonstrate the ability and sufficient business record that it can carry out the terms of this agreement and has not been in any situation or condition that the City finds obJectionable. Failure to obtain written consent shall be sufficient grounds for terminating this agreement without obligation of the City to the tenant. 11. Amendments: This agreement shall not be amended except by written document signed by all parties to this agreement. 12. discrimination orovislon; The tenant, In the use of the Hutchinson Municipal Airport, shall not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, or national origin or in any manner prohibited by Part 21 of the Regulations of the Offlcs of the United States Secretary of Transportation, and the tenant further agrees to comply with any requirement made tc enforce such regulation which may be demanded of the City by the United States Government under authority of said Part 21. 13. Laws. rules and restulatlonsi The tenant shall abide by and wnforrn wkh all laws, rules, and regulations, including future amendments thereto, controlling or in any manner affecting the tenant relative to the use or occupancy of the tenant. • ~C~) 14. Venue for causes of action: The laws of the State of Minnesota shalt govern this lease and • the venue for any causes of action shall be McLeod County, Minnesota. 15. Notices: Ail notices under this agreement shall be sent to the following addresses. Tenant is responsible for notifying the Clty of mailing address changes. If to the City: City of Hutchinson Airport Manager Hutchinson Municipal Airport -Butler Field 111 Hassan St SE Hutchinson, MN 5535D If to the tenant: RAM Buildings, Inc. Gregg Machemehl PO Box 66D Winsted, MN 55395 CITY OF HUTCHINSON: t3y: Attest: Dated: (Steven W. Cook, Mayor) (Gary p, Plotz, City Administrator) . TENANT; Dated: ey: (Tenant) RAM Buildings, Inc. Gregg Machemehl r1 6 gca~ . The tenant is leasing Private Conventional General Aviation Manger Lots #2 and 3, fifty-foot wide by fifty-foot deep lots In the first row of private conventional general-aviation hangar lots, Identified by the Clty. Appurtenances required for utlllty provision shall be placed upon leased space In a manner consistent with existing regulations. See attached map. C~ r~ r R. C~ r 1 L J M E 1VI CJ R A N ~ U M TO: Mayor and City Council FROM: Miles R. Seppelt, EDA Director 12E: Authorization to seek bids for the Liquor Ilutch F,xpansion Project (L.etting xo. » / Project No. OS-19) bAT)E: March 18, 2005 Honorable Mayor & Council, At the March 22nd meeting of the City Council, I will make a brief presentation an the current status of the planned Liquor Hutch expansion project- We are in the process of concluding a purchase agreement with Nash Finch far the additional space we need for the expansion. We should have that ready for Council approval on Avril 12m. Also, we are negotiating with the tenant, Midwest Tae Kwon Do, to have them relocated by Apri122m. Itt addition, Mr. Dan Pellinen of Tushie Montgomery Architects wi116e in attendance to present the design for the expanded Liquor Butch and answer any questions you may have. Design work is complete and we are prepared to seek bids for the construction work, if the Council so authorizes. As of today, everything is an schedule and we are aiming to have the new Liquor Ilutch completed and open by Monday, October 31°`, 2005. cc: Gary Plotz - CSty Adminisriator q ~~~ M E M Q R A N T~ U N TO: Mayor and City Council FROM: Miles R. Seppelt, EDA Director RE: Consideration of Approving Architectural Services Agreement with Tushie Montgomery Architects far the Liquor iluteh Expansion Project (Letting No. » ~ Project No. OS-l9) DATE: March 18, 2005 Tushie Montgomery Architects has provided the City with a proposal to complete preliminary and final architectural design services for the Municipal Liquor Store )expansion Project. T'he agreement for completiozr of these services would be at a not-to-exceed amount of $104,000.00 exclusive of reimbursables, which are estimated at $10,400.00. This project will be fox the renovation and expansion of the municipal Liquor Store at its present location. • We recommend approving this Architectural Services Agreement with Tushie Montgomery Architects. cc: Gary Plotz - Gtity Administrator • ~C~> 1'IWZ-17-2005 1651 TUSHIE MONTGOMERY 612 861 9632 P.02/21 ~ TT • ~ ===~l Document B141t" -1997 Part 1 Standard Form of Agreement Between Owner and Arch)tect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATNIN 1.2 RESPON5161LITIES OFTHE PARTIES 1.7 TERMS AND CDNDITIONS 7.4 SCDPE OF SERVICES AND OTHER SP&CIALTERMS AND CONDITIDNS 1,5 CDMPENSATION This dowment has impvdant legal consequence6. Consul[aden with en eeorN6y p: pncouragpd u+lh rpappet to ha complptipn or mdd>nuttdn. AGREEMENT made as of the eve tee t day of NIn[Gh in the year Twn n n FlYS (la words, inditote day, monde and yaar) BETWEEN Ih6 Archilecl'6 client identified ea the OWOerr (Noma, address and other irlformadon) City of Hutchln6an X11 Hessen Stree[Snuthsasi innes arld the Arcbieeet: (Name, address and otltar information) Tna~j~Montaometv.& Assnciases. Inc a ve ue Mi»neanolia.Minneseta SS423 1 •6 Fax Number; 61&861-9637r Fw tht following Project: (lnciade daraifeddescrip~ion oJPro)atd i uor ion and Re ova 2a5 Weshinalen Ave11u• ~... is ' esota ~i Henn Munieiva liquor Stott rGnove[ion of and addi[i4019 thC_CSl~lipR M~~ C.touor Sttm- The exlsdne liounr stare renovation work Arypfy~@pproximnm(v 6.2g0 a1A pOEpe'xSM l1911x-1907 Psn 1. CopynpM ®1911. 198. 1950, 1951, .1959, 1969, 1901, 190x. 1960, rtgr, 1970. 1976, 1077. 1967 and 1H76yTnp Amedran InSyNte vl M.i,ilaGlr. Aq riphls reserved. WARHINGI Tnir AUe Oapdmehl It pr01ee1ed by V.S. CapppM Law 61b Nllarnstlensl TrpN:N- VnsvNvrized laproduenon or dipriWtion W this AIAa Oernmenl, pr snyp0luon 0114 msy raSUh In asvan nrll antl criminll penY1N5, sIM wN 1N proaeeWed Ip the msslmum exRm poa9laN under loo law, THIS rlpd,m0ra was p0tluC50 py AlA s0nwan 6115:68:11 M VY171y99! 1aldar prd•I Np.lcflc111665~1 wrdcn dxprot 0n M/POnS, end V not hr n6w. UanNaaN: (s6w7s1n51 q~~~ V M'NOr ahd /11rChIl6Ct d`1reC !18 fO11owS: MRR--17-2005 1651 TLISFIIE MGNTGOh1EftY 612 861 %32 P,03~21 ARTICLE 1.1 INITIAL INFORMATION . § 1.1,1 Thia Ayeement is based on the following information and assumpfivns. (Note the dispasGlan for the following items by lnrerting rhr rrqu<rtad tnformafian or a rtatemenr ruck ar "not appt(cab(e," "unknown at rime vjexecufion" yr "m be derrrmined lufrr by muruat agreement. ") § 1,1.2 PROJECT PARAMETERS § 1.1.2.1 The objective Dr uae ia: (Idenrtjy or describe, if appruprtate, praposrd rose or geaLt.) Munici i uor Stare x a v § 1.1.2.2 The physical parameters ere: (Idrntifyordcscribe, ifapprapriate, r$a, location, dimcnrionr, vrarherpertintntinjorrrrarion, suc'hasgearechnlcW reports about the sfte.) § 1.1.2.3 The Owner's Program is: (ldrnfify documrntafion or stale the manner in which the program wi(1 be developed.) dettrmi Owner a Arch'tect § 1.12.4 The IcPal perometers are: (Idrntify pertinrnt -trgal information, Including, if appropr(ate, (and turveyr and legal darcripttans and rYSrWCttonf of rhr aiu.) e ~ i - a rec n d minium let w ' 'revolves tint of the rc ex and m 't w c unda r h l cu o w' • § 1.1,2,6 The finannisl paramuera ere es follows. ,1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, u: .2 Atnount of the Owner's budget for the Cost of the Work, excluding the Architcct'a compensaton, is: oft ea 7 le onstrudlon costa § 1.1.2.6 The nma parameters ate: (identify, lfapprapriah, mlltlstone dates, duradonr 0r fWt tm[k sehrduling.) e § 1.1.2.7 The proposed pror:uroment Or delivery method for the Project ia: (Idenrtjy mrrhod such as competitive bid, negotiated rOnfraer, ar runrtruction monagenuru.) i 'v lit I § 1,1,2,8 Other parameters ere; (fdentify syrciaf characrerlstlcs ar needs of rhr PmJar such as rneryy, envlronmenlal or historic pnservaftfm rrqulremantr.) 1~471R i1r~~$OJE it~ TEAM § 1.1.7,1 The UWner's Aesignaled Itepreaenlative ia: (Ltsr namr, addrrss and orherlnformadon.) AIA OOCUmenl I1141e1-1997 Pan 1. CopNlphl m 1917, i9Y0. 1995, 1951, 19T7, 1866, 1901, 1907, 1860, 19e7, 197p, 1974, 1877. 18x7 4n01897 nN TM . Amnfesn Imriptla of An*ibrL, III r1ahM reeprv4d. WPRNINC: TM~ AIA° DoegmeM lr pratrned 6y t1,8, COpyrl9ht uw and lWOrnNbMl TrM800. tf0aulhorlrod rOpretlrlctbn Or dlalrihOtlan al Mi:AIA" Deqummr, er any ponivn of 11, may r.auh Cn carne ehrll antl grlmkrN parunin,and wW tN pro9acNa010IM maxlmYm axtenl poulhls YnW f Iha lee, Thlr docOmanl wp produced by AIA aoMvan u 15:9651 qn On/17r3009 tl/Aar ptlal N0,10n0111065_1 Nm<h r>rpree Oh V7Rn09, Aea H tpl 101 rurua. I/fN NOte4% ta94t12017)6) 9c~~ MRR-17-2005 1652 TUSHIE MONTGOMERY 612 B61 9632 P.0421 • Miles Senneh Community Develvoment Director City of Hutchjnsoo 11 ~ arse trett Southe t kllltchinson. Minnesota 55350 $1.1.3.2 The persons ar enG[ieS, in addition to the Owner's Designnlcd ltepresentattve, who are Yequired to review the Architect's submittals W the Owner are: (Ltst Hama, address and anc~r information.) § 1.1.7.5 The Owner's Diller consultants and contractors arc: (List disctptina and, if knawrs, identify them by name and address.) Civil En into : Pierce 4IZ4 utbec Avenue North. Suite 306 New Hooc, Minnesotn 55427 L~nd~$Dtyevor: Pe113ncn Land Survevinn P.D. $ox 35 gu[chinson. Minnesota 55350 I Soils Engineer: Braun Intense Comeratien P.O. Boz 189 VC O >ZL Cl~ud.~linneaan 56302 . Security Consultsnt To 6e determined I phone and Date CoTsultant. Tale d~jyp~ SOS Consultant.-?o he dotemlinDd Fixtures ~ Eoviomenl • Tn lx deteremined § 1.1,3A The Architect's Designated. Representative ia: fLtst Hama, address and ocher tnformurtan.) Dan petllum Z~j,•~iZppt9omerv & Associates. Inc. 7645 Lyndale AvenuQ~Sllita 100 ~inneapylts. Mjnttf,$ota 55423 § 1.1.3.fi The Consultants retained at Me Architec'a expanse ern: (Gist drscipline and, 4f known, idant}fy them try Hama and addraas.) I Mechardcal and Electrical Engincers:5tccn En 'ng Df e>ypP 3n4. U o v Hrooklyly~rnter. Mf>mesoia 5543Q I Structural Engineer: Lindau Comoaniem, Inc. 1074 Old Hiehwav 35 ~tudson. Wisconsin 54t1~§ } 1.1.4 Other important initial information ic: • AI-Or.cumrn161HTr -1997 pen 1. CopyripM d 19t T, 1pa6, 1p/e, 1951, 19$9, 1959, 1961, 1965, 1966, 1967, 197D, 197A, 1977. 1967 erq 1997 py Tna Amerkan InalauN d AreM1edF All rlphle reserved. Wr.RNING; 7NIe AIAe peeument b preleetrd by U.S. CapyngNl Law and N1iNnelhnal TrpN9. 9 lleppinertred rpproduClion ar dialri9ufion of the AIA Document, ar any portion of 11, mry neon In yeuen Civp pptl adminal ppeerulllee, end Wt9lM pro/peuutl Is INa maximum /xlanl peaai6le under qx Aw. Th'r aeeumam wee predueed 6y AIA ealrwen a 16:66111 M 09rt 7r900e under Order Ne,1000111065 1 wNian spins on Y71g0D6, and Y rql let nWe. User T101N: (a6/Oa51T75t 9cG~ MRR-17-2Lg95 16[52 TUSHIE MLINTGOMERY 612 [361 9632 P.05i21 § 1.1,6 When the services under this Agreement include contract adminiatradon services, ehe General Cunditiona of the Contract for Construction shall be the edition of AIA Document A201 currertt as of the date of this Agreement, or as rouows: § 1,1.6 The information contained In this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compcnsadon. Both parties, however, recognize that such information may change add, ;n that event, the Owner and the Architect shell negotiate appropriau adjusurxnts in schedule, compensation and Change in Services in accordanec with Secpod 1.3.3. ARTICLE 1,2 RESPDN5181LITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one ena[her to fulfill their reapeCNve dbligaliona under this Agreement. Both panics shall endeavor ro maintain good working xeladonships among ell members of the Project team § 1,2,2 DWNER $1.2.2.1 Ualass otherwise provided under this Agreement, tba Owner shall provide fVlll infarlnation ip a timely manner regarding requirements for and limitations on The Project. The Owner shall tltr7lish to the Architect, within IS days aAcr receipt of a written request, information necessary and relevant for the Architect to evaluate, give nadee of ar enforce lien rights. § 1.2.2.2 The Owner shah periodically updau the budget for the Project, including that portion allocated for the Cost of the work. The Owner shall not significantly increase or decrease the overall budget, the portion of the hedge[ allocated for the Cost of the Work, or canangcncies included in the overall budget Or a portion of d1t: budget, without the agreemem of the.Atehitecr ro a corresponding change in the Project scope and quality. • § 1.22,9 The Owner's besignated Aepresentadve idennRed in Secdon 1.1.3 shall he authorized W act on the Owner's behalf with respect to the Project. The Owner a the Ownar'9 Dea;gnared Repxesenradve shall raider decisions in a timWy manner pertaining to doeumenes submitted by dte Architect in order to avoid unransvneble delay in the orderly and sequential progreae or the Architect's services. § 122.1 The Owner shall furnlah the services of consultants ocher than those deslgnaud in Section 1.13 or authorize the Archltcc[ to fltmish Them as s Changu in Services when such services are requested by the Architect red zee reasonably required by die scope of the Project. § 1.2,2.5 Unless otherwise provided in this Agrexment, the Owner shall fllmish [etas, inspections and reports regldred bylaw dr the Contract Documents, such as avucrural, mechanical, end chemical ewes, tears for six and water pollution, and rears far h9aardous materials. $1.2.2.6 The Owner snail furnish a111eg6I, insurance and acwundng servlus, including auditing services, chat may be reasonably necessary at any time for the Project to meet the Owner's needs and interests, § 1,2,2,7 T1te Owrter shall provide prompt writen notice m the Architect if the Owner buomes aware ar any fault or defeat in the Project, including any errors, omissions or inconsiarencies in the Architect's InsWmrntc of Service. § 1.2.1 ARCHITECT § 1.2,3.1 T'he aervlcea performed by the Architut, Architect's employees and Architetx'a consultants shall be as enumerated in Ankle 1.1. $1,2,9.2 The Architect's services shW be performed a6 expeditiously as is wnslsuht with professional skill Add care and the orderly progress of the Prof eat. The Architect shW submit for the Owner's approval n schednk far the performance df the Architect's Services which initially shall b9 consistem w[Th the pme periods established in Section 1,1.2.6 end which ahaN be adjusted. If necessary, as the Project proceeds. This schedule shall Include allowanxs for periods of time regeiretl for the Owner'c review, for the perfomnartce o(W Owna's consultann, and AIA oo9ump,t 6111^' .1997 Pan 1. Capytl9m 47 1917, 1826, 1819, 196, 1957, 1939. 1961, 1 %a, 1966, 1%7, 197e, 1974, 1977, 1987 antl 1997 41' Tq! • Am4riven Ina4wla W Avhlett[a, All rtphti reseewtl. WApNpIG: Thla AIA trvcrm4nl k prvtxel4d ax U.E. Capyrtghr law and Inprrnebhal Tpaepa, Unauthmia.d rvpreduvelun yr d~ablbwlen vl Mix Algx ppt4m4nt, yr any perlMn at h, may rvsW1 N [scar. eWil xnd 4riminvl pena111ax, xnd wi[I W profacueed m th4 marlmum caps! pvsalde undq ehp pw, TMa dorwnen[ web pmdu[etl br AU renwarc x113:38:11 on ea/17l7op3 uvNr O[del Nv.19DC711e6a_t emkh ~appxs an 4rr19n93. and.a not Tor rcyale. Uap NgNt (a9403a177a) ac~~ MRR-17-2605 16:52 TUSHIE MONTGOMERY 612 %1 %32 P,06/21 for apptnvel of submissions by authorities having jnriadiction over the Project_ Time limits established by (his schedule approved by the Owner shall not, except For reasonable cause, be exceeded by the Architect or Owner, § 1,2,9.9 The Architect's Designated Representative identiFud in Section 1.1.3 shall be suthtrriud tv ac[ on the Architect's behalf with respect 1o the Project. § 1.2.3.4 The Architect shall maintain the confidentiality of information speciflcally designated as conFidential by the Owner, unless whhholding such information would violate the law, crcete the risk of significant harm to the public or prevent the Architect from establishing a claim or de{post in an adjudicatory proceeding, The Architect shall require oP the Architect's consultants sitltilar agreements to maintain the confidentiality of information specifically designated as contfdential by the Owrtcr. § 1.2.9.5 Except with tic Owner's knowledge and consent, the Atchiroct shall not engage in any aetlvity, or acpept any employment, interest nr conWbu[ion that would teasvnably appear to compromise the Architect's professional judgment with respect ro this Project. § 1.2.9,6 The Archluct shall review laws, codes, and regtdationa applicable to the Architect's sevvices. The Architect shall respond 3n the 4esign of the Project to requirements imposed by govemmemsl au[horitles havi,na jtaiadfedon Duet We Project. § 1.2,3,7 The Architect shall be entitled to rely on the acenrecy and pomplctcneaa of services and 1nPorlmation fltrniahed by the Owner. The Architect shall provide prompt writun notice tp the Owner iP tilt Arehitxt becomes aware oP any errors, omLssions or inconsistencies in such services yr information. AfFTICLE 1,9 TERMS ANO CDNpITIDNB 31,9.1 COST OF THE WDRK § 1,3,1.1 The Coat of the Work shall be the total coat or, to the extant the Project is not complcud, the estimated cast to the Owner of all elements of the Project designed or specifled by the Architect. § 1.3,1.7 The Cost of the Work shall include the cost at current market rates of labor and materials Famished by the • Owner and equipment designed, speclfsed, selected or specially provided for by the Architect, including the costs of rr>aliegement or supervision of construction pr installation provided by a separate construction manager or conaactor, plus a reasonable allowance Por their overhead and profit. In addition, a reasotwble altuwanrx for cvndngmciea shall be included for market conditions at the time of bidding and Pot changes in thb Work. § 1.3,1,s The Coat oP the Work does not Include the compensaeion of the Architect and the Architect's consultants, lha testa of the land, rightsbf-way and hnaneing or mhcr coats that etc the reaponaibility of the Owner. § 1.9.21NSTRUMENF3 OF SErMCE § 1.9,2,1 Drawings, specifications and other documents, including those in electronic Porm, prepared by Ate Arohiuct and the Archiuct's ponsultants are Instruments of Service for use solely with respect to this Project. The Archluct and the Archiuct's consultants shall bo deemed the authors and owners of their reapactlve InsaumanLS of Service and shall retain all cpmmon law, statutory and ulhcr reserved righlE, including copyrighn. § 1.9.2,2 Upon execution of this Agreement, the Archiuct grants b the Owner a nonexclusive license u rcpraducc the Architect's Instruments oP Service solely Por purposes of eonsuucting, using and tnaintaining the Prpject, provided that the pwner shall comply with all obligations, including prompt payment of all sums whoa due, under this Agreetotnt. The Architect shall obtain similar nonexclusive licenaca from the Architacl'a consultaota conalstetlt with th18 Agreement. Any tenninativn of this Agreement prier tv completion of the Project shall terminate Ihis license. Upon such termination, the Owner shall refrain from making further raptoducefona oP Instrutnenta of Service and shall return to the Architect within seven days of urmination all originals and reproductions id the Owner's poasessivn or control. if and upon the date 1h1: Architect i9 adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a Second, nonexclusive license permitting the Owner to authorize other similarly credendaled design professionals to reprpduce end, where permitud by law, u tnekc changes, eatrections or additions to the Instruments pf Service solely Por purposes p(CpmplGing, using trod malntalnine the Project. AIA nppymeM OUtra-iB97 pin 1, Copyllght O 1917,1826. 19aB, /951, 19ti9, r95e, t9a1, 1889, 1966, 1967, 1 Wp, 1976. t877, 1867 and 1997 aY the • AmeAran ~ngGlutt of Art;NIee19. All rlphls roap~•ad. WARNING: Thla AIA° nocum9nt is pmleelhd by U.E. CapyrlpM haw and h~prngt{W W Trggtiea, Ilnaptherhed reprgdugllon or dietr8ryaon W Ihla Mh° naeun.Mnl, ar atry porlian of Il, mqy roava In fevan Ctvit and CNinfMl ppavrxt.., and wIM ha prggkuled b Ise merimum aayM poaglhb ygdar the law, Thlr tleeym~M wet proeu[ctl by AIA gpltware at [9NJa111 Oh a8y17/7Qp8 uttlar GrtNr ND•1apa111Q6g_t which aapirq m a/7r20a5, and 6 riot Iqr rMaN. Baa/ NeMae (75~07a17761 9 ~~~ MriR-17-2065 1653 TlJ5H1E t1gFITGOh1ERY 612 1361 %32 P.67i21 • 5 7.91.3 $xcept fw the licenses granted in Section L3,2.2, no other license or right shall be deemed g7entcd or implied under this Agreement. The owner shall not assign, delegate, sublicense, pledge or otherwise aansfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted w authorize the Convector, Subconvactora, Suh-aubconvactors and material or equipment suppliers tv reproduce applicable portions of the Inswments of Service appropriate to and for uxe in their execution of the Work by liunse granted in Section 1.32.2, Submission or diahibution of Inswmems of Service to meat o~cial ragulawry requirements or for similar pwpasea in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's cvnsuhants. The Owner shall nos use the Iasvumenls of Service for fmurc additions or aherations to thin Projector for other projects, mlleaa the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Inswmen[s of Service shall beat the Owner's sole risk and without liability to the Architect and the Architect's consultants, $1.3.14 Prior tp the Architect providing m eha Owner any Instruments of Service in elactronk form or the Owner providing tp the Architect any elecvonic data for incorporadan into the inswmcnts of Service, the Owner and the Architect shall by separate wlinen agreemem set forth the specific conditions governing the former pf such Inswmenu of Service or elecvonic data, including any special limitations or licenaas net otherwise provided in Chia Agreement. § 1,9,9 CHANGE IN SERVICES § 1,3.9.1 Change in Services of the Architect, including services required of the Architen's consultants, may be accomplished after execution of thin Agreement, withou[ invalidating the Agreement, if mutually agreed in writing, iFrequired by circumstances beyond the Architect's convol, or iFthe Architect's services sre affecrod as described is Section 1.3.3.2. in the absence of mutual agreement in writing, the Architect shall notiFy the Owner prior W providing such services, If the Owner deems that all or a part of such Change in Servltxs la not required, die Owner shall give prompt writu:n notice m the Architect, and the Architect shall have nti obligation to provide those services. Except for a change due tp the fault of the Architect, Change in Services of the Architect shall endue the Architect ro an adjustment in compensation pursuant m Section 1.9.2, and b any Reimbursable Expenses described in Section 1.3.9.2 and Sectfvo 1.5.3. . ~ 1.9,3,Y If any of rite following circumstances affect the Architect's services fot d1e Prgiect, the Arthltece shall be enutkd tp an appropriate adjusenaent in [he Architect's schedule and compensation: .1 change in the Instructions or Approvals given by the thvner that necessitate revisions in Inswmenty of Service; .2 enactment w revision of codes, laws or regulations or official interpretations which necexaita0e changes m previously prepared Inawmenes of Suvice; .3 dccisiona pf the Owner opt rendered in a timely mennv; .4 significant change In the Project including, but not limited to, siu, quility, complexity, the Owner's achadule or budget, or procurement method; .S failure of performanoc on the part of the Owner pr the Owner's consultants or contl'aCWI'a; •8 preparatioh for and attendance at a public hearing, a dispuu restitution proceeding w e legal proceeding except where Iha Architect is parry thereto; .7 change in the information conwined in Mticie l.l. § 1.9.4 MEDIATION § 1.9.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mWiation ea a condition precrAent to arbitration pr the institution of kgal pr equllebk proceedings by ehber party, If such matter relates to w is dte subject of a lien arising out of the Architect's servkes, the Archi sect may proceed in accordance with applicable Iew to comply with the lien notice or filing deadlines prier tv rosolutian of the matter by mediation yr by arbitration. § 1.3,4,E The Owner and Architect shall endeavor to resolve claims, disputes end abet matters in question between thew by mediatioa which, unless die parties mutually agree otherwise, shall be iA aecordanu with the Cpnatrugipn Industry Mediation Rules of [he American Arblvatlov Association currently in effect. Request for mediation shell be filed in writing with the other party to this Agreement and with the American Arbiwtion Association. The request maybe made concurrently with the filing of a demand for arbitration but, in such event. mediation shall proceed in AU Peoumenl BU1TM-rg97 Pan t. Copyright O 1917,19¢9, 19/B, +991, 1977,1959,1861, 1999, 19ae, 1997,1970, 197, 1977, t91> and 18971ry T1q . Amerkan IaeliWM at ArcNteCl/. Au riphu raa/Nad, weflNlNa: Tali AMe UDtdmant N prater6d by U,9, t:opyrleM haw and IMemNbnq 7ns8ae, Waulhertra repmduetlon tlr tlISMIdutltM, of In1s alp aacumpnt, al aey penien of It may result In aavery c+va tool arlmlMl panalApa, aMw{ry M prp9cNad M Iha marlmum rwlenl posslaM under the IoW. Thir dpcumeM wee prydVCpd by rUA OaawaR x119:99,11 pn 99r17Ita0S under t~ld/r Na.1AA0111095_1 whkh.ryinx pn u7/Pf109, antl n pp110r look. US/r NatK: t8W0aSt77li) ~c~~ MRR-17-2095 16153 TUSHIE MONTGOMERY 612 B61 %32 P. 98/21 advance of arbitradon or legal or equitable proceedings, which shall be stayed pending mediadon for a period of 60 . days from the dare of filing, unless stayed for a longer period by agreement of the parties or court order. § 7.3,4.3 The panics shall share the mediator's ins and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached .in medtadon shall be enforceable as senlement s, eemems in any coon having jursdicdon thereoY, § 1.3.5 ARBITRATION § 1.3,6,1 Any claim, dispute or other maser in quesdon azlsiag ou[ of or related to rhls Agt~eement shall be subject to azbltratioa. Prior to arbitration, the parties shall endeavor [o resolve disputes by mediation in accordance with Sepdon 1.3.4. § 1.3,5,2 Claims, disputes and other maters in quesdon between the parties that are not resolved by mediadon shad be decided Dy arbiuadan which, unless the parties mucosity agree otherwise, shall be in aecwdnnce with the Consnuction Industry Arbinadon Rules of the American Arbitration Association currently in effec[. The demand for arbitration shall be Flied N writing with the ocher parry to this Agreement and wit4 the American ArblvaGon Associsbon, § 7,3.6.3 A demand For arbitration shall be made within a reasonable dme after [he claim, dispute ar other matter in question ha: arisen. ]n na event shall the demand for arbitration he mach afkr the date whtln inadtudon of legal or equitable proceedings based on such claim, dispute or other matter In quesdon would be barred by the applicable statute of limitations. § 1:3.5.4 No arbivadan arising out of or relating to this Agreement shall include, by conaolldadon or joinder oY in any other manner, an addldonal person or entity not a party tp this Agreement, except by written consent contahling a specific reference to this Agreement and signed by the Owner, Architect, and any ether pera0n or entie sought w be joined, Consen[ to arbitration involving an additional person or endty shall not consdtute consent to arbiration of any claim, dispute or other matter in question not desedbed in the written ronaent yr with a person or amity not nomad yr described therein. The fore~ving agreement to arbitrate and other ngreaments to arbitrate with an . additional person of endty duly consented td by pazties to this Agreement shall be speciflcally enforceable le accordance wkh applicable law in any coup having jurisdiction thereof. § 1.3,6,6 The award rtlndered by the arbitrator or arbitrators shall be final, and jndgmettt may be entered upon it In accordance wide applicable law in any court having judadiuion thereof. § 1.3.6 CLAIMB FPR CONSEpUENTIAL pAMAt3ES The Architect and the Owner waive consequential damages far claims, disputes or other marten in question ariainr out Of yr relating la this ggrewen6 This mutual waiver is applicable, without dmitAUOn, to all consequential damages due to either parry's terminadon in accordance with Section 1.3.8. § 1.3,7 MISCELLANEOUS PRgVI510N8 § 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided to Seedon 1A2, ¢ 1.3.72 Turns in this Agreement shell have the same meaning as Chose in the edition of AIA Document A2D1, General Conditions of the Contract for Construction, current as of the dau of this Agreement, § 1.3,7.3 Causes of action between the parties to this Agreement pertaining to acts or failurcB to act shall tx deemed ro have aurued and the applicable statutes of limitations shall commence tv run not later than either the dace of Substantial Complcdan for acts br Failures to act occurring prior w Substanial Completion or the data o[ issuapce of the final Ceniflcate far Payment for acts or failures to act occurring aRcr Substantial Completion. In nv event shall such statutes of limitations commcnve to run any later than the date when the Architect's services am subatnntinlly comple9ed. § 1.3.7.4 To the extent damages aro covenrd by properly insurance during construction, die Owner and the Architect waive all rghp against each other and against the cvntiaclOTS, consultants, ag¢nli and tmtpleyeea of the ethd' fOr damages, except such rights as they may have to the proceeds of such insurance as au fonh in the edition of AIA AIA naeumont Y147M-1997 Parl t, CepyriyNl Q 1917, 1939, 19~e, 1981, 1959, t9a1, 1961, 1969, 19ee, 1987, 1970, +979, 1977, ta97 and 1997 vY Th. UnaYMeAsvq,'fprofalell~Pn 0l 01sttnGutmn~011nI~Aq~nOtlYrtrM~orWny portion at nSm. yewlt~n ~a.n enNQand~mnat perwltln •and~Ma~~ ploNCUtae to M7 mea~mum oxpN ppafibla under me tow, 7919 doc9ment war pr9dVCetl br aU avtaw,a at t9;8a:H on Od47r3t19a bads OrrNr N0.10ap11196a 1 wnlcn pxpiner pn 4nl3;pp5, one N not tar rcraN. liar Netea; fsswzstnal ~c~~ MAR-17-2965 16154 TUSHIE MONTGOrERY 612 851 96.32 P.09i21 • Document A201, General Conditions of the Contract for Consuuctinn, current as of the date of this Agreement_ The Owner or t}le P.rchitect, as appropriate, shall require of the contractors, consultants. agents and employees of any of them similar waivers in favor of the oUt¢r parties enumerated hcreta. § 7,3,7.3 Nothing contained in this Agreement shall create a contractual relationship with or a cause oP action in favor of a third pazty against either the Owner or Architect. § 7,3,7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have tto responsibility for rite discovery, presence, handling, removal pr disposal of vt exposure of persons to hazazdous materiels or toxic substances in any Format the Protect site. § 1.3.7.7 The Architect shall have the right to include phorographic pr artistic rcprasuntations of the design of the Project among the Archiuct's promotional and professional materials. The grchitact shall be given reasonable access to the completed protect to make such represemationa, However, the Architect's materials shall not include the Owner's confidcntiel or proprietary information if dte Owner has previously advised the Architect in writing of the specific tnfo7malfon considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect In the Owner's promotional materiels Por the Project. $1.3.7.81f the Owner requests the Architect to execute cerifcates, the pmposad language of such certificates shag be submitted to the Architect for review a[ least 14 days prior tv the requested dates of exeputiea. The Architect shall not be required m execute certificates that would require knowledge, services or xesponsibilipes Beyond the scope of this Agreement. § 7.3.7.8 the Owner and Architect, respectively, hind themselves, their partnua, aueceaaora, aasiltna and legal representatives rothe other party to this Agreement end to the pannere, successors, assigns end legs] representatives of such other party with respect to aIP covenants of this Agreement. Neither the Owner trot the Architect shall assign this pgrcement without the written consent of the ocher, except ehu the Owner may assign this Agreement to an institudoml lender providinm financing for the Protect. In such event, the lender shall assume the Owner's rights and vbllgationa undrx tiffs Agreement. 7'he Archilrs:[ shall execute all consents reasoaaBly required to facilitate such • aasignmenl. § 1.3,8 TERMINATION DR SUSPENSIDN § 1.9.8.7 If d1e Owper fails to make payments tv the Architect in accordance with this ABreemeaG such [enure shall be cpasidered substantial nonperformance and cause for termination or, at eBe Architect's option, cause for suspension of performance of services under rhia Agreement.lf the Architect elects to suspend services, prior to auspensioa of services, the Architect aha11 give Bevan days' written naeiea to the Owner, In she event of e:uspeneioa of services, the Architect shall have np liability to the Owner for delay or damage caused the Owner bemuse of such suspension of services. Before resuming services, the prchiWct shell he paid all sums due prior [o suap6nalan end any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the mmaining services and the time schedules shat) be cqui[aBly edju6led. § 1,3.8.21E the Prajee! is auapendcd by the Owner for morn than 30 consecutive days, du Architarrt shall bb compensated for scrvicua performed prior lp notice of suvh suspension. W hen the protect Is resumed, the Architect shall be compensated for expenses Incurred in dte interruption and resumption of the Architect's acrvtcee. Tha Architect's fees for the remaining services and the time schedules shall be equitably adjuatad. § 1.3,8,31f the project is suspended or the Architect's servius are suspended for more than 90 consecutive days, tlrv Architect may urmina[e this Agreement by giving trot Ices thm acvcn days' writen notice. § 7.3.8.4 TBis Agreement may be terminated by either party upon nut leas Than Bevan days' written notice should dlv other party [ail substantially to perform in accordance with the terms of this Agreement through no fault of the party ini4atin$ the temlie9nml. § 1.3.8.6 This Agreement may he terminated By the Owrler upon not less than seven days' wYrnen notice to the Architect for the Owner's convnnjeacv and without cause. qU nocumenr 91N~.199/ aaq 1. Cppyrlyhl ®1917, 19Se, 19ae, 1451, 1953,1956, 1991, 1963, 1966,1967, 1870, 197{, 1977, 1997 aM 19e711y TM . AmerK.n Inrtilw d AndYlegla. All rlghy reaervad. wgNNINGI t1,y Alq~ pecumanl V prelecMd ay V•e, capynpnt Law arlp laprnalWMll Trotaaa. UneprhOrired npreduellan er dialribulion of rhia qIA~ pawmenl, or any peelen M 11, may mauq W tevero nlWl and crlmMal penaniea, aM 1vW M prosaeulee In IhI maximum eannl pnvlhM uMer Ma law. Thin dpeixryM wet ploduCed hl' AIA aohwaro al 1556:11 en W/17/19051Mdar r}d.r Ny.lnpp111aeb_1 whgh expire m N/YOeb, Mel Ir nM fur ra4e. War NoNH (86 4 9 9 617 7 61 R[~) MAR-17-2005 1654 TUSHIE MONTGOMERY 612 861 9632 P.10i21 . § 1.3.9.8 In the event of termination not the fault of the Architect, the Architect shall be compensated tar aervtcea perfbrmed prior to Termination, together with Reimbursable Expenses then due and aq Termination 1xpenses as domed in Section 1.3.8.9. § 1.3.8.7 Termination Expenses are in addition ro compensation for the services bP the Agreement end include expenses directly atvi6u[able to termination for which the Architect is not otherwise compensated, plus an amotmt fat the Architect's anticipated profit on the value of the services not perfomxd by the Architect. § 1.39 PAYMENTS TOTHE ARCHITt=Cf § 1.3.8.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentadon of the Architect's statement of services. No dedncdbns;hall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld (ram paymenu [o contractllrs, or on accoum of the cost of changes in [hc Work other than those for which the Architect has berm adjudged le 6e liable. § 1.3,8,Y Reimbursable Expenses are in addition [o compensation For the Altihitac['s services and include expenses incurted by the Architect and Architect's employees and consul[ant5 directly rotated lu the Project, as identified in dte following Clauses: .1 transportation in connection with the projeu, au[hnriud outwf-town travel and subsistenCa, atld electronic comnunica4ons; .P fees paid fbr securing approval of authoridrs having jurisdiction aver [he project; .3 reproductions, prom, standard form documens, pastaYe, handling and delivery of lnatrturlenta of Service; .4 expense of ovnrdmc work requiring higher than regular rotas if authorized is advance by the Owner, .6 renderings, models end mock-ups requested by the Owner; . .B expense of professional liability insurance dedicated exclusively !b this Rojal m the expense of additional insurance coverage or limits requested by the Owner in excess of that normapy tamed by flu Architect and the Architect's consultanu; .7 reimbursable expenses as designated In Section 1.i3; • .8 other similar direct project-related expendituros. § 1.8.9,3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, std of services pcrfornlcd on the basis of hourly rates yr a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's fluthorixed mprescntative at mmuelly convenient tim~s- § t.3.9A Direct Personnel Expense is defined xs the direct salaries of the Architect's personnel engaged oa the Prof act and the portion of the cost of [heir mandatory and eusromary conutibuGons and benefits related thereto, such as emplvymem taxes and other statutory employee benaRts, insurance, sick leave, holidays, vacations, employee rt:titemenl p1an8 and similar eentributionS. ARTICLE 1.4 8COPE ~F 9ERv1CES AND OTHER BPECIAL TERMS ANp CONpIT10N8 § 1.4.1 Enumeration of Parts of the Agreement, This Agreement represents the entire and intcgated agreement between the Owner and the Architect and supersedes all prior negotiations, ropresentationa or agreements, either written w oral. This Agreemea[ may be amended only by written insvumem signed by bode Owner and Architect. This Agreement comprises the documents listed below, § 7.4.1.1 StardxM Poml of Agreement between Owner and Architect, A]A Document B 141.1997. § 1.4.12 Sandard Porm of Architect's Services: Design and Contract Administration, AIA Document 8141-1997, or as follows: (Gist other decwnanrs, if any, drfinrartng Architect's rcopr of.tervicra) ~ 1.4.1.3 Other ddclnnepta as follows: fL'iarotherdceamenrs, jjany,JbrmengparrofrheAgreemenr.) Au o^pvm.M nur~_ oar part t. cppyrisr,t o tali. lass.late. teal, teas, tsse.lsat, lstu, t5ee, leer, taro, ls'ra, te7a tsa7 one laa7 ayvne . Anreriun Irmature ardrchitepY. Ary riphle retVVed. WaRNINp; TNit Abt^ noeurnoM It ptproplod by 11A~ Cppydaht Law and InlaMadarul TnaWO. a 1/Nplheraetl roprotl4ttlon or tli~lriplltiad o) this Alge paeemeM. er shy pprlipn p111, may naYll in fevers pWll and wvmlMl pMa111N, and Wia M prpwcutptl lv lha maximum extent pps:Tole under Me IoW, trig tlpawnem We$ pratluvN b1' AIA evarue p laia:l l an py17@aa5 urger Order Na~f0aa1110a5_1 WAirh ytpMyi en 47/flaaa, and ~a rgtTar new. t)aN rtpTYi la5ta25[77S) ~, ~C~ MRR-17-2005 I6t55 TU5N1E MONTGOMERY 612 961 9632 P.SIi21 § 1.4.2 Special Terms and Conditions. Special terms and conditipnx that modify this ABrcemem are as follows: ARTICLE 7S COMPENSATION § 1,5.7 For the Archiect's services as described under Article 1.4, compensation shalt be computed as follows: Ei $% arc of th talc coon costs a t e d f 1 ro'ec is der _.......t __----. _...,,... .- . _ ]jundred uaand ollar ~g~ye ca,n he broken down; 85%,(gr S88 4(m.Oft) fnr de~~ln a_nd_ 15d1, ln. clc cnn nm e..____..._._.:_._ .... ~ ._ § 1,5,21f thn services of the Architect arc changed as desctibed In Section 1.3.3.1, the Atchhect's cotnpensadon chpll be adjusted. Such adjustment shall be calculated as descrlbed below or, if na ~nathpd of adjusunens is indicated in t11ix Section 1.5.2, In an equitable manner, (Inrerr barLr ajrornpeniaflon, including rates and muftiplrs of Dlrecl Perronnel Expense for principa6 and employees, and ident+fy Prinetpa4 and classify emplaytea. jf required. Identify specifle services ra which parricu/nr merhadd oj[ompensatipn upp(y.) AD~Alr.5E3tvrr^tac• P' i 3e ' sec' s Ar P Arc . hitect IM I erior Dc ?[1SSri9Y.DeaiggS~~rn__,.,.,..._,..~ 94IFteu~ Dort s ma c t d1e' t eten § 1.3.5 Ppr a Change in Services of the Archiect's consultants, compensation shall be computed as a mliltiple pf One and fifte~n_ hundredths (~) times the amounts bitted lp the Architect for cuch aervicea. § 1.SA Far Reimbursable Expenses ax described in Section 1.3.9,2, and any other items ]ncluded in Section 1.3.5 as tteimbursable Expenses, the compensa4on shall be computed as a multiple of One pnd_f3fteen hundredths (],,IS ) times the expenses incurred by the Architect, and the Architect's employees and consvlwtus. § 1.5.5 Othu Reimbursable Expenses, if any, are as Pollowe; 3 ri i in Re n e $1.5.A The rates and malUplns for services of the Architect and the Architect's consultants ax set forth in this Agreement shell be adjusted in accordance with their normal salary review prauicea. § 1.5,7 An initial payment of a Doll Ce (S !)_QQ) shat) be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's aocounl at Cnai payment. Subsequen[ payments for services shall be made monthly, and where applicable, shall be In proponipn rA BeiViCEa peCfCn11W On tale basis set forth in thie Agreement. § 1.5.8 Payments are dlu and payable Thine (~1 )days from the date of the Architect's invoice. Amounts unpaid Thlrtv (T~Q) days aher the invoice date xhell bear interest at dte rate entered bdow, or in the absence thereof a[ the le8al raw prevallip8 from time to time at the principal place pf business of the Architecs. Au pppummt YYx1 ^1-19xT pan T. CapyrlgM 01917, 1926, 1 pd0, 1971, 1996,1960. 1901, 1906, 1900, 19p7, /97p, 187<. 1971, 1967 and 1997 ey Ta0 • Amnieen Msahde of An:Npq{. All rlghla n.xrved WANNINa: ThIT AIAx OppymeM b prplaetrd Dy V.B. Copyrfpnt saw xnd Ieh/nxlNnM Traa1NB, ,Q Unoulhorixvd nprptluclion pr d~grWuGen pl thl{ Algv poeumeN, pr any ponlon ql It, mxy reaury Ip •evxro eWil xnd prlmlml penAltie., xnd wal Dx proaaculed b the mnlmum utenl ppplDla under the 4nv. Tnia dpcymepl was produced 6Y AIA roltwue x116:60:11 an 09/17/a00:r urrdxr dlrlal Np.100p1110~ t wh~pr expiry pn •/7/2Ca5, arx] i{ tqt br ryW. Uw Mptxxl (a0a0161770) ~<<) tKiR-17-2005 1655 TU5HIE MCHJTGOMEft`! 612 861 9632 P.1?/ZS • (Insr+r rate of tneerrat agreed upon.) 12.D0% per annum (Usury lava and rrquiremtnls under the Federal Truth in finding AU, similar stars and fora( consumer ervdd laws and other regulariont ar the Owner's and Archirrct's principal placaa of business the location of the Projrcr and else?rhrrr may afjecr tlu vafidiry of Chia provision. Specijfc legal advice should br vbrainrd with respect ro drkrilrns ar modjfieariona, and also rrgardfng regt.iremeers such ar Weirton disebsuru or wafyen.) § 1.5.9 If me services covered by this Agreement have Cwt been completM tvidtin Eiehreen (,(§_) months of the date hereof, mrough no fault of the Architect, extension of the ArchGecCs services beyond mat time Chill be compensated as ptovided in Section 1.5.2. This Agreement entered into ns oP the day and yeu first Welton above. OWNER ARCHITECT Sils_ofYTuxhinapy4 Tu -Mont eeiale ~, rSignarrrre) ( na ' ~i'lilr •$~7i.~ommunlry l7eye_I,aliment Director u ' lPrircrcd name and ride) (Pr(nred nand and fide) • • rlA naevmr+x 6tat*._tpa7 PonLCppydpm otpn,tese.+e~e, +esj, ipso, 4sse, 4ppt.+aeA, tpee, 4967, rprp, +e7+, tp77,+w7,,,+a+pp>byyM Alnniean Inrli+uta W Ar~hlreCla, Aa dph4 tiuwW, WARNING: TI1p AIA npeYmanl is propepa 6y V.i. Copyri9at Law And lnprnatlenN Tp~11r. i 1 O,uu+horlraa ppropueti0n ar dletrlbutlon of thq A+A~ Oxument, or any peetlpn of n, may re~ul[ In aware CNiI ana criminil ppanillNa, antl wn M preHtuge b Iha mealmum expo{ poaUCN Yndol' \ha law. This dp~yMNe was pmduaed 6y AN idlwa/e n re:ee:t 1 M daH 7l=a W ia+ear ONar Na+a0a1170Ba_+ wh¢a w~pinn an M/2ppe, ~;/ MI IN reWa. Ihw. N,xwa• rAaWa61773+ ~~~~ MRR-17-2065 16 56 TUSHIE MONTGOMERY 612 Et61 %32 P.13i21 TT ~ ~ `AlA Document B141~ -1997 Part 2 Standard Form ofArchifect's Services: Design and Cgntracf Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.1' SUPPDRTIN6 SERVICES role tlocumint has important 2.9 EVALUATIDN AND PLANNING 8ERVICES legal cpna9quanela. Cpns~ltplion with en atromly IS anCOUraQltl With rlapld t0 2,4 DESIGN SERVICES Its epmpkepn er modiautien, 2.6 CONSTRUCTIDN PROCUREMENT SERVICES 2.5 CDNTRACTADMINISTRATION5ERVICES 2.7 FACWTYDPERATIONBERVICES 2.t SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE Z.1 PROJECT ApMIN1S7RA710N SERVICES § 2.1,7 The Architect shall manage the Architect's earvicea mld administer the Project. The echitect shall consult wish the Owner, research applicable dealgn criteria, attend Project mcedngs, communicate wish members of the Project teem and issue progress raptlna. The Architect shall cnurdlnate the services provided by the Archhect and the Architept'a conaultama with thnsa servlcea provided by the Owner and the Owner's cenaultanes. § 2.1.2 When Projxt requirements have been suE6cienlly identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone daoea for decisions required oP the Owner, design services furnished by the Architect, completion of documentation prtlvlded by the Architect, commencement of conswetion and Substantial Cpmplalipn of the Work, § 2.1.3 The Architect shall consider the value of aharnalive materials, building systems aril equipment, together whh tlthar conafderalions based on program, budget and aeatrletiga in developing the dcaige for the Project. § 2.1A Upon request pF the Owner, the Architect shall make a presentation tq explain the design of the Proect to mpreaentadves of the Owner. § 2.1.5 The Architect shall submit design documents to the Qtyner at intervals appropriate to the design proeeas Ear purpgses vF evaluation and approval by the gwner. The ArcMtect shall be entitled to rely on approvals received from the Dwner in the further davelopment of (ha daaign. § 2,1.5 The Architett shall Assist the Owner in connection with the Owna's responsibility I Fpr filing dgcuments required for the approval of governmental authorities having ~urisdictipp purr the Pt ect_ AIA pucumanl B1af aM _Ya67 pap S. Cppyrlphl O 1017, 1976, tp/a, 1941, 19y$ 1a5a. 1961, 1907, 1apl, {9e7, a97pr raja, tin, 1la7latl 1997 py T11p . American InaliNlp MARNilAe4. All ripNH rAYrvC0. WARNING: This AIA" tlacumant Is prpncbd by U.S. Capyriphl Law and MpmNlanM Tnatlaa. llyqulhprlrfd roprpdupllpn D/ d1aVIpV11M 0111116 AIA' ppeymPM, Of Coy ppnlpn 0111, ropy ry6YR N aWVry atoll pM C/lmagl pCnaMN, and oval W prosetyl0d Ip the maalmum extent ppail6l~ yntlCr Us IAw, Tlyl tlaum9ntwY prptlu9atl ay Alq wIMCry al 15:59:M OA (1a117r201M unNrl7lMr Ne, 101101111166 1 amiM A%pill pn Y//Y005, AM Il npI for Rsak. Usp NWni (19aal11elal ~~G~ MAR-17-2005 1656 TLI5NIE MONTGgrERY 612 B61 96`32 P,14i21 . $ 2.13 EVACUATION OF 6UOGET AND COST OF THE WORK § 2.1.7.1 When [he Pmjcgt requirements have been sufficiwtdy identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on currem area, volume or airnilar conceptual estimating techniques. As the design process progresses through the end of the preparatien of the Consttuetivn Documents, the Architect shall update and refine the preliminary estimate of the Coat of the Work. Thv Architect shall advise the Owner of any adjustments to previous animates of the Cost of the Work indicated by chaoges in Project requucmenls or acncral market conditions. ]f at any time the Architect's eagmate oP [he Caul of the Work exceeds the Owner's budget, the grchitact shall make appropriate recommendations tO the Owner to adJust [he Projec['s size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments, § 1.1.7.2 Evaluations of the Ownei s budget for the Project, the preliminary eadmate of the Cost of the Work and updaud estimates of ehc Cost of the Work prepared by the Architect repmaem the Architect's judgment as a design profesalonal familiar with the construction industry, 7t is recvgni~ed, howevu, that neither the Architect nor the Owner has convol over the cost oi' labor, memrials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market ur negotiating cvndltlons. Accordingly, the Architect cannot and doe; not warrantor represent that bids or negotiated prices will not vary From the Owner's budget for the project or from mty estimau pf the Cost of the W ork or cvaluatlon prepared or agreed [q by the Architect. § 2.1.7.3In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingenclea for design, bidding and price escalation; to determine what materials, equipment, component systems and types Ot construction are to be included In the Contract Documents; ep make reasonable adjustments in the acppb of eha Project and to include in the Convect Dacumcvts al[erna[e bids as maybe necessary to adjust the estimated Coat of the Work to meet the Owner's budget for the Cost of the Work If an inaeaae In the Convect Sum occurring shat execution of the Contract between the Owner and the Cnnvactor anuses the budget for the Coat of the Work to be exceeded, chat budget shall be increased accordingly, § 21.7.4 Yf kidding yr negotiation has pot commenced within 90 days after the Architect submits thr:.Constmctlon Documents to [he Owner, the budget for the Coat of the Work shall be adjusted [o reflect changes in the general level of prices in the consauction industry. § 1.1.7.5 It the budget for the Cost of the wprk is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or rcnegvtiating of rho Project wi[bin a re4sonable tim6: .3 terminate in accordance with Secdpn 1.3.8.5; or .4 coopcratc in revising the Project scope and quality as required to reduce eha Cost of the Work. § 2.1.7.8If the Owner chgosea to proceed under Station 2.1.7.5.4, the Architect, withom additional compansedon, shalt modify die documents for which the Architect is responsible under this Agreement as necessary to comply with the budget far the Cost of the Work. The modification of such documents shall be eha limit of the Architect's responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for alt services performed whether ur not cvnatruction is commenced. ARTICLE27 SGPPORTINRSERVICES $ 2,1.1 Unless specifically designated in Section 2.8.3, eha services in thin Arlick 2.2 shall ba provided by the Owner er the Owner's consultants and cgnvactorx. § 2.1,1.1 Tht Owner shall famish a program setting forth the Owner's Objectives, schedule, constraints and criteria, including spate requirements and relationships, special equipment, systems and site requiremenm. § 2.2.1.2 The Owner shall furnish surveys w describe physical characteristics, legal Ifr[dtations and utility lacadone forme sits of the Project, and a written legal description of the alle. The surveys and legal information shall include, as applicable, grades and lines Of streets, alleys, pavements and adjoining property and attuetutes: adjacent drainage; nghrs.of•way, restrictions, easements, encroachments, zonhtg, deed restrictions, b0underies and contours of Ott site; locations, dimensions and necessary data with respect to existing buildings, Other irlrprovWnenta and trees; and wu upeument Blm+-laa7 W n 4, Cppyrl9M O ta17, 1920, 19ae, `991, 19e7, 1990, 1901, 1868, 19ee, `967,1970, 19N, 1977, 1907 erq `997 tae . Amplean InrINlM G An,'txlecla, all rlyhY Hamad- w~ RNINn: Thla Alp" Dppumetn h! prolrMetl py U.S. CepynpM Loa ens IMgn9lianal rrMtl9„. I1nau111ptn~tl reprpduptlph or dbtribmipn o) rata Ala pprument, pl Any ppnipn m h, may re~ull M asverc aloe ana erlmlMt peMhlaa, antl wq M pr"apputed M Me mexlmbm ealenl ppa~lbla und"r the hw, Thir dppyment w11r p'pdusN by AN aplpvary [e 18:39=u ea 4a/17/pppS 9ndH ~ld9t No.10ap711p69 1 whKh expya9 pn Nlane9, 9nd ;r apt ipr rook. l/:er NMa+: . paeea11a991 ~~~~ MRR-17-2965 1656 7U5HIE MONTGOMERY 612 861 96_32 P.1521 . information concerning available utility services and lines, both public and private, about and below grade, including inverts and depths. Atl the information on the survey shell be referenced m a Project benchmark. § 2.2,1.3 The Owner shall furnish services of gcotechnical engineers which may Include but are not limiud to test borings, test pits, duerminations of soil bearing values, percolation testa, evaluations of hezazdoua materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with rcpons and appropriate recomrnendadons. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES § 23,1 The Architect shall provide a preliminary evaluation of the infonnadon ibrnlahed by the Owner under this Agreement, Including the Owner's program and schedule rcquircmcnts and budget for the Cost of the Wvrk, each is terms oP the other. The Architect shall review such information to xscenain that it is consisknt with the requirements of die Project and shalt notify the Owner of any other information or consultant services that may be reasonably necdad for the Project, § 2.3.2 The Architect shall provide a prdinunaty evaluation of the Ownc's site For the Project based on the inFormatlon provided by the Owner oP sits conditions, and the Owner's program, schedule and budget Eor the Cost of the Work. § 2.3.9 The Architect shall review the Ownar's proposed method of contracting far conswetion services and shall notify the Owner pf anticipated impacts that such method may have on the Dwnet's program, Cmancie] etd time requircmante, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES § 2,4,1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. § 2,4.2 SCHEMATIC DESIGN DOCUMENTS § 2.4.2.1 The Architect shall provide Schematic Design Dvcumenta based on the mutually agreed•upon program, . schedule, and budget for [he Cos[ of the Work. The documents shall establish the conceptual design of the Protect illusvating the scale and relationship of the Project components. Tht Schematic Design Documents shaD include a conccplual silt plan, if appmptiatt, and preliminary building plena, sectinna and elevations. A[ the Architect's option, the Schematic Design Documents may include study models, pe+specdve skekhes, electronic modeling ar cambinativna of these media. Preliminary selections of major building eystema and eonauuedon tnatatiala shall be nrned on the drawings or described in writing. §2.4.3 DESIGN DEVELOPMENT DOCUMENTS § 2.4.3.1 Tha Architect shall pzWid! Design Development Documents based an the approved Schematic Design Documents and updated budget For the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project. establishing the scope, relauanahips, forma, ai2a and appearance of the project by means of plans, sections anti elevations, typical'construction details, and equipment layotns. The Dcaign Development Documents shall include spceifiertions that identify major materials and ayauma and establish in general their quality koala. § 2.4.4 CONSTRUCTIDN DOCUMENTS § 2.4A.1 The Architect shall provide Conswction Documents based on the approval Design Development Documents and updakd budges for the Cost of the Work. The Construction Aocumenta shall set Forth in detail the requirements Por construction of the Project. The Construction Documents shall include Drawings and Specifications that esablish in dataSl Ih< quality levels of materials and systems required Por the Project. § 2.4.4.2 During the development of the Construction Documents, the Amhircct shall assist the gwner in the development and preparation of: (1) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the pwner and the Contractor; end (2) the Conditions of the Contract For Construction (General, Supplemenmry aM other Conditions), The Architect also shall compile the Protect Manuel that includes the Condldon6 of the Contract For Construction and Specifications and may include bidding rcquvemenls and sample forms. AIA DOCYmr11I a1/1+a-1aa7 Pad R. LepyHpal m 1917, 1926, 198, 1951, 19aa, 19aa, 1661,1968, 1596, 1987, 1970, 1aL, fart', tpa7 red faa7 hY Tha • Amadcan Inalilul9 at Artniloq{, All ripata reserv/d. WARNINPaaI/ AU1° p9rummt la proleClee by V.9, CdpyNpat leer and InlrrnnlanN 7raana>. ,~ VnrulhoriWd nrprotlu~pn or dialrlbution of title .rlgr nee~meny or my ponivn al il, mry grull in revers eNN And ComiMt prNlers, a1M wIN b• probouard to Ixr mawmum aaWnl poaalalr und/r la> Ww, The dOCUmrnt wu produrxtl by AIA aphvrprr al 19:a9;M an Oarl7laep5 Warr VrdN Na.taadt t taAa_1 wNG1 Bxplr>t en urrevoa, antl q not M rctak. Vier N9NS: (1l4a911a99) ~~~~ MRR-17-299$ 1657 TUShiIE MONTGOMERY 612 1361 9632 P.ify21 • ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERYICE8 § 2.5,1 The Architect shall assist the Owner in obtaining either competitive bids en•xagetiated-prepe•,n1s-wrd shag assist [ha Owner In awprding and preparing contracts for cvnsrtuction, § 2.5.2 The Archiect shall assist the pwner in nstablir'hing a list of prospective biddwa or coalracmra. § 2.5,3 Tha Architect shall assts[ the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. if requesed by the Owner, the Archheat shag notify all prospective bidders or convaetars of the bid or proposal results. § 2.S,A COMPETITIVE 81DDING § 2.S,d,1 Bidding Documents shall consist of bidding requiremems, proposed convect forms, General Conditions and Supplementary Conditions, Specifications and Drawingx. § 2.5,4.2 If requested by the Owner, the Archiect shall arrange for procuring the rcprnducpon of HiddinQ Documents for distribution to prospective bidders. The Owner shall pay directly far the core of reproduction or shall rcimburas the Arohiteet for such eapettaee. § 2.5.4.9 If requested by the Owner, the Architect shall dlsuibute the Bidding Documents to prospective bidden and request their return upon completion of the bidding protean. The Archiua shall maintain a log of distribution and revieval, and the amounts of deposits. if any, received from and returned w prospective bidden. § 2.SA,4 The Archluct shall consider requests for substitutions, If permined by the Sidling Documents, and shall prepare and distribute addenda identifying approved substitmions to all proapectve bidders. § 2.5.4.5 ThC ArChitec[ shall participate in ar, at the Owner's direction, xhall nrganiu and conduit a pro-bfd canferente fw prospective bidders. § 2.5.4.8 The Architect shall prepare responses to questions hom prospective bidders and provide clarifications and interpretations of the Bidding Documents to all probpcctlve bidders in the form o[ addenda. § 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organl7A and conduct the operdng of the bids. The Architect shall subsequently document and distribuu the bidding results, as directed by the Owner, § 2.6.5 NCGOTIATEp PROPOSALS ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES § 2.8.1 GENERAL ADMINISTRATION § 2.6.7.1 The Architect shall provide adtrtinisvation of the Convect between the Owner tend the Contractor sal set forth below t111d in the edition of AIA Document A201, Genera) Conditions of the Contract for Consvrtction, current • AIA apeumeM BU1TM-1ag7 hn Y. CppyrlOhl m 1917, 1717. tads, 19br, 17b7r t7ba, 19e1, ty77, 1870, t977, 1970. 1077, tan, 1707 arq 1997 Or TM Amdryyn Inalhuq M prchaacta. All right. ruvrved WAFNING: Thn AIAe peepmvM la preteeled py V.B. Copyright Lw and InMnatlenal7Man. d Vnaulner¢vd repmduellen 7r diytribuatln e! filly AIAv Oeamanl. pr pry peNen e11L may rvsua in sawn elWt and Criminal pane7i7a, and wal M protvcutvd to Inv mpxhnum exUnl ppyalaly undor the law, 7Na doeumaM war protlucW py AN r7hwan a117:39:N pn 07/17(!000 urttlprONpr No.1000111065_t whka v~irn on M72gpb, end f. rwt ter nWa, Veer Natty: padaslteaq qc~~ MRR-17-2005 16r57 TUSHIE MGNTGOMERY 612 861 9632 P.17r21 as of the dale of this Agreement. Modifications made to the General Conditions, when adopted as part of the . Convect Documents, shall be enforceable under this Agreement only to the extent Iha[ they are conSia[tnt with d11a Agreement dr approvW in writing by [he Arehhect. $ 2.6,1.2 The Architect's responsibility ro provide the Contract Adminisvavon Services under this Agreement commences with the award of the initial Convect far Conswcvon and terminates at the issuance tv d1a Owner of the final Certificate for Payment. However, the prchltect shall be envdcd to a Change in Services in acwrdanctl with Sectien 2.8.2 when Contract Administration Services extend 60 days after the date oP Substantial Completion of the Work $ 2.6.1,3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Archiuct shall have authority to act an behalf of the Owner only to the easel provided in this Agrcemem unless otherwise modified by wrhten amendment. § 2.8.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, madlfled ar extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. $ 2.6.1.5 The Architect shall review properly prepared, timely requests by the Goaaactor for addltlonal information about the Convect Documents. A properly prcpued request For additional information about the Contract Dacutmnts shall be in a farm prepared yr approved by the Amhitcct and shall include a detailed written statement that indicates the specific brawinga or Specifications in need of clarification and the nature of the clarification rogttested. $ 2.8.1.6 if deemed appropriate by the Architect, the Architect shell on the Owner's behalf prepare, reproductl and distribute gupplemen[e1 nrawings and SpeciFcadana in response [o requests for information by the Convector, $ 2.6.1.1 The Archiuct shat! interpret and decide matters concerding pertdrrtrartce of the Owner and Contractor under, and requirements oP, the Convac[ Documents on wrinen raque:e or either the Owner ar Contractor. Th0 Archkevt's response to such requests shall be made In wridng within any time limits agrud upon or otherwise with • rcaaonable promptness, $ 2,8.1.8 Interpretations and decisions of the Architect shall be constatent with the intent of and reasonably inferable Prom die Convect Documents and shall ba in writing or in the Form of drawings. When makiry such intetptetationa and initial decisiens, the Architect shall endeavor to secure Paithful performance by both Owner and Convector, shall not show partiality to either, and shall not be liable far the results of interpretadons or decisions so rendered In good faith. $ 2,6.1.9 The Architect shall render initial decisions on claims, disputes w odler mattars In ques[fon be[wyen eha Owner ahd Contractor as provided in she Convect pocumants. However, the ArchitecCS dedsions on matters relating iv aesthetic effect shall be final if conaixtent with Iha intent exprexsed in the Contract Documents. $ 2,62 EVALUATIONS OF THE WQF:K $ 2.62.1 The Architect, as a representative of the Owner, shall visit the site at inluvals appropriate to the stage of [he Convector's operations, or as othatwise agrud by the Owner and the Architect In Article 2,8. (1) to become ;enerally familiar wilt and to keep the Owner informed about the progress and quality of the pordon of the Wdrk completed, (2j m endeavor to guard the Owner against dcfens and d~ciencies in the Work, end (3) to determine in ;cneral If the Work is being penFormed in a manner indicagng that the Work, when fully completed will ba in acvordance with the Contract Documents, However, the Architect shall not be roquired to make exhausdve or conpnuou8 on-site inapectiong to check die quality or quanttty of the Work. The Architect shell neither have corurol over or charge of, nor he responsible for. the consvucdon means, methods, techNques, aequertces or prtxtldurea, or for safely precautions and programs in connccvon with the Work, since these are solely the Cgnvac[or's rigdts and responsibilities under the Contract Documents, § 2.82,2 The Arvhitect shall report td the Owner known deviations from the Convac[ Documents and from the roost recent construction echeduk submitted by the Conuaccar. Howartlr, the Architect shall not be responsible for the Contractor's failure to perform the Wdrk in eccordanec with the requirements of the Convect Documents, The Ata pgcummtlMl^'-1997 pant. Copyright 01917, 1920, t8a0, lase, 1897, 1800,1861, 1867, 1Ae6. 1807.1876, 1876, ta77, tBeT and 18a76y TM Amedean Ma11{y1q ql Arglyycb. AIt d8h1a reaaraed, w~ nNlNet Thla AIA aoeumenl la prpleded 6y V.6. CopyrlpM Law and IMamatlanal Tntlba, UMUMaraad rcprptluetlan or dlalrlbWan ql tall AIA apeument, m any panlan ql tF ,nay naua In aWan crvd and criminal p.naaMa, and 1HY M proeaClaed b the maalmum sawn[ pnaa161a under try! law. Thla dgcumeM was prgeutetl tit' AIA rgrywm H 15aia:p pp oarl7rlaa5 yndx Order Na.10o0111c11~1 wakh expires qn a/7l2nOS, arq is M1 br mak. tLe/ Nalq; 119aB811a88) ~~~~ MAR-17-2065 16!58 TL15H1E MDNTGGMERY 612 B61 9632 P.113/21 Architem shall be responsibtc far the ArchiucCs negligent sets or omissions, but shall not have convo] over or . charge of and shall not be responsible for seta or omissions of the Contreetvr, 5ubcanvactors, or their agents or employees, or of any other persons or entities performing portions of die Work. § 2.fi.2.3 The Architect shall at all limes have access to the Work wherever it is in preparation or progress § 2.8.2.4 &xcept as otherwise provided in this Agreement or when direct communications Nava been specially authorized, the Owner shall endeavor to communicate wide the Convector through the Architect about matters arcing out of or relating to the Convect pocumems. Communications by and with the Architect's consultants shall be through the Architect. § 2.81.5 The Arehitec[ shall have authority to reject Work drat does no[ conform to the Contract Documents. Whenever the Architect considers i[ ncecssary or advisable, the Archiect will have authority to require inspection or !eating of the Work in accordance with the provisions of the t"onVaet Documents, whether ar not such Wark is fabrica[ed, installed or comple[ed. However, neither this authority of the Architect nor s deeialon made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Arehfus m dte Convector, Subconvactgrgi. material and equipment suppliers, their agents or employees a other persons or entities performing portions of the work, § 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR § 2.6.3.1 The Architect shall review and ecrdFy the amounts due the Contracor and shall issue Cenlficatas far Payment In such amounts, The Archl[ecrs cerdfica[ion for payment shill constitute a represeneanvn to the Owner, based on the Architeefw evaluation of the Work as provided in Sectlon 2.6.2 seed on the data comprising the Convacror'a Application Par Payment, rhos the work has progressed to the poim indicated and that, ro the bear of the Arohitect'a knowledge, information and belief, the quality of [he Work is in accordance with the Contract Documents. The foregoing rcpresenrntions art subject {1) to an evaluation of the Work fur conformance with the Convect pocuments upon Substantial Cvmpledon, (2) to reauhs oP subsequent tests and inspectioas, (3) to correvtipn of minor deviations frAm the Contract Documents prior to completion, and (4) to specific qualiiicatlonb expressed by the Architect. • $18.9.2 The issuance of a Cenlflca[e far Pnymem shall not be a representation that the Architect has (1) made exhaustive or candnupus vn-site inspccduna to cheek the quality or quantity of the Work, (2) reviewed canavucdan means, methods, techniques, aequcncas or procedures, (3) reviewed copies of requlaidona reuived fWm 5ubconvectors and material suppliers and other data requested by nc~ Owner to substantia[e lha Convector's right to paymeot, or (4) ascertained Now or far what purpose she Convector hoc used money previoudy paid on acwunt of the Contract Sum, § 2.8.3,3 The Architect shall maintain a record oPshe Convector's Applicadons for Payment, § 2.8A SUBMITTALS § 2.8.4.1 The Architect shall review end approve or take other appropriate acdvn upon the Convector's aubmittils such es Shop Drawings, Product beta and Samples, but Drily Par [he lirnited purpose of checking for conformance with Snformadon given and the design concept expressed in the Contras Documents. The Archiect's action shill be taken with such reasonable promptness as to cause no delay in the Work or in the acdvitits of the Dwrtqr, Contractor or separate convnetore, while allowing aufflcient time in the Architect's prvfessionil judgrrrent tv permit sdegwte review. Review of such aubmiuala is not conducted foe the purpose of determining the eccurury end Compleleeess of olhea de[aila such es dimensions and quandtiu, or for subatantiadrtg inswcdons for installation or parfartnanee of equipment oc systems, all of which remain the responsibility of the Confrsetor as enquired by the ConWal Documems. The Architect's review shall not constitute approval of aaPuy precauGona or, unlasa atherwiae speciRCally stated by the Architect, of any cunswcdon me8nl, methods, techniques, BCquerlCes m procedta'es, The Architect's approval of a specl£c item shall not lndicats approval of an assembly of which the item is a component. § 2.6A.2 The Architect shall maintain a record of submittals tore copies oP submiuals supplied by the Contractor in axordanoe with the requirements of the Contract Documents, § 2.6.4.9 IF prokssione] design services or certifications by a design professional related to systems, materials or equipment era specifically required of the Cvnlracror by the Canvacl Documents, the Architect Shill specify carry "r' '~^"i"•r+ rn r. - usr pert Y. Cppydphl m 1917, 1 x29, rDaa, 1951, 1933, I8a8, 1901, 1988, 188x, 1997, 1970, 1976 1971, 1991 and 1x97 aY 771. Ad,alleen'Iri [1)~ pf ArChaecta. Alt rlghM1 runvM. WARNING: Thlf Alaa voCUm9nt 1. prptarled ay as. L1ppyApM lair and InW rutlpnM 7eatNf. UMV ...rVrbd reproduction pr tlietri6aaon et mla NA' Dceurtf9nt. or any p9rtlan of II, may result In pyen eMl antl prlminel p9nanNa, and lelp a prwetund W the ma>y~mum extent poeaible under tM tar/, Thk doWmenl nos pr0durpp pY Au aglf+rw H /7:59:M an 03/17/a00a rNldar Oafel No.r0o0111096_r wtrah exprea en N/1005, and'r rwl Ipr reaW, .aM/ N01N: (19ae9110991 qc~~ t'WR-17-2965 ]659 TUSHIE MINJTGOMERY 612 B61 9632 P.19i21 appropriate performance and design criteria that such services must satisfy. Shop Drewinga and other aubmivala • related to the Work designed or certifiW 6y the design professional retained by the Convector shat[ bear such professional's written approval when aubmined to the Architect. The Architect shall be entitled m rely upon the saequacy, accuracy and completeness of the services, certifications or approvals parPormed by such design profaaionals. § 3.BS CHANGES IN THE WORK § 2.8.5.1 The Architect shall pnpttre Change Orders and Construction Change Directives for dte Owner's approval and execution in accordance with the Contract Documents, The Architect may authorize minor changes in the Wwk not involving an adjustment in Contract Sum er an extension oP the Contract. Time which are consistent with die intent of the Convect Documents. If necessary, the Archnect shau prepare, reproduce and disvibute Drawings and Specifications to describe Work to be added, deleted or modlf5ad, as providdd in Section 2.8.2, § 2.8.5,3 The Architect shall review properly prepared, trmely requaats by the Owner yr Convector for changes in the Work, including adjustments [o the Contract Sum or Convect lime. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting tiers and informaton ro permit the Architect to make a reasonable deeprminativn without extensive investigation or preparation aP additional drawings or specifuations. If the Archluct determines that requested changes in the Work are not materially different From the requirements of she Contract Oocuments, the Architect may issue an order for n Honor change in the Work or recommend 1o the Owner that the roqutated change ba denied. § 2.B.S.3If the Architect dcternunes that implementation of the requested changes would result in o maearial chsnyro tv the Contract that may cause an adjustmem in the Contract Time yr Conuau Sum, the Architect shall make a recommendation to the Owner, who may authorize furdter investigation of such change. TJpvn such audloHzatlon, and based upon information furnishrA by the Contractor, if any, the Architect shall estimate me additions! coat and time that miEht result from such change, including nny additional Costa atvibutable m a Change In Services pf [he Architect. With the Owners approval, the Archiuct shall incorporate those eadmaus into • Chary~e Order or rather appropriate documentation for the Owner's exacudon or negotiation with the Contractor. § 3.6.5.4 The Architect shalt maintain records relative to changes in the Work. § 1,6.8 PROJECT CCMPLETK)N § 3.8.8.1 The Architect shall conduct inspections to determine the due or dates of Substantial Completion and the daze of final completion, shall receive from rho Convacwr and forward m the owner, for the Owner's review and records, written warranties and related documents required by the Convect Documents and assembled by the Contractor, and shell iasua a final Certificnte fm Payment based upon a final inspection 1ndleatitlE the Work complies with the requirements of rote Contract Documents. § 2.8.8.3 The A7chitect's inspection shalt be conduced w[th dte Owner's Designated Representative to check conformance of the Work with [he requirements of the Comract Doctments and m verify the accuracy arld compleuneas oP the list subrrtitled by the Contractor of. Work tv be completed or corrected. § 2,8.6.3 When the Work is found tv be substantially complete, the Archiuet shall inform the Owner about the balance of the Cvnlracl Sum remaining tv be paid the Convector, inWuding any amounla Waded m pay for final completion ar correction of the Wark. § 2.8,8.4 The Architect shall receive hom the Convector and forward m the Owner: (1) consent of ettltety m smr:ties, if any, to reduction in or panial release of rotelnagv or the making of final payment and (2) affidavits, raceipu, releases and waivers oP lions or bonds indemnifying the Owner against liana. ARTICLE 1.7 FACILFfY pPERATION SERVICES § 3.7.1 The Architect shall meet wi[h the Ownu or the Owner's Designated Representative promptly whet' 5ubstanFial Completive to revlaw the raced fur facility opcratipn tervicea. $ 2.7.2 Upon request of the pvmer, and print to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner anA the Owner'c Designated Reprosenwtive to review the facility operations and performance and to make apprnprisle rcovmmendationa to rite Owns. uA oawny,d cut ~-sat r.n a. earypyrtgm o tan, +asa.1 gas, teal, tass.lsse, last, taas,~a~e, tsar, too. 1 a7., un, tae? rd twr >r 1'hn Ampypan InMaae of ANNNpe. Aa riehb n.wwd. WARNING: ThIa AM^ noaurmm 4 pretaewtl by n.6. Cppy/lehl l.aw xK hnarnatienN TnNaaa. 7 Vnaulhorkatl n,pruduetlpn er tllstri6uaen e/ Intl AM^ nwumanr. a rr,y pengn M It, may repun In aawra Nril n,d erlmlrW panallty, and wig fN propyuubd b IM mr~ranum exmnl vwalel. ur,tlar U.Ipw. This documary war pmdreetl aY AM waware M t6:da:~a on eah 7r]0aa urldNOrWr Nv,1 peer 1 f aeftl ai,gh expil4 an Yr2eea, antl is np1 Inr rna W. tLw Alolu~ (1a~8a11taa) qc~~ MRR-17-2005 Sfit59 TLI5HIE hIDNTGOtERY fi12 861 9632 P.28~21 . ARTICLEY.B SCHEDULE OF SERVICES § 2.8,1 Design and Contract Administration Services beyond the following limits shall be provided by the Architoct 'as a Change in 9ervicea in accordance with Section 1.3.3: ,1 up to T qv (~) reviews of each Shop Drawing, Product Data item, aatnple and similar submittal of the Contractor. .2 up tv 1:1Sb1 ($) visits ro nc~ site by the Architect over the duration of the Projut during cvnauvction, .3 up [o Four (4) inspections Por any portion of the Work [o determine whether such portion of the Work is artbstantielly complctc in accordance with the requirements of the Contract Documents. .4 up to Tess (Z) inspections fur any portion OF the Work to determine tins! completion. § 2,B,Y The Following Dcaiyn and Contract Administration Services shall be provided by lhC Architect ea a Change in Services in accordance with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal aphcduk agreed to by the Architect: ,2 responses to the Convector's requests for information where such information is available ro the Contractor from a careful study and comppriaon of the Contract Documents, field conditions, other Owner-provided information, Conuactar•propared cvardinstivn drawings, Or prior PxoJect correspondence or documentation; .3 Chance Orders and Construction Change Directives requiring evaluation of proposals, including dla preparation or revision of instruments of Servitx; .4 providing consultation concerning replacement of Work rcaulting from fur or other cause during construction; .5 evaluation of an extensive number of claitna submitted by the Owaer's consultants, thv Conraator w otherE N conneepvn with the Work; .6 evaluation o! substitutions proposed by the Dwner's consultants or contractors and making subsequent revisions to ]natrlnnenta of Service rcaulting therefrom; .7 preparation of design and dOCwnrntalion for alternate bid yr propose! requests proposed by the • .8 t7waer; m Contract Admini6aativn Services provided 60 days after the dau of Substantial Cotrtpletien of the Wank § Y.8.3 The Architect shall iLrnish ar provide the following services only if specifically designated; C~ AIA DpcumeM 81tl7" -7997 pan 3. Copyd9al 41917, 192a, 199, tact, 19ap, 196x, 7961, 199a, 1Ba& 79fi7, 1979, 1974, 1977, 1907 antl 1pp7 DDyy TIII AmYriean Irya(yN pl AnhileeN. All ripata naarWd. wP11N7N617bie 41Ae npeumeet b probeNd ay US. Lepyrlpht LPw aM InEernaliaMl Tltlltea. Uneutapnied r6prddtlelWn pf die\ribU119n dl IMe PIAa dpcumenl, or arty ppfepn DI 11, may rasun In MYAT iwil antl erlrMMl penMtps, and.le a prosecuted le eM maximum elm nl ppealDN Under me lav,, TDis dpoYmem war prpduead Dy AlA apaware al la~9:A/On ey171aW6 urMar CMJeI Np.teaat 11066_1 vddeh aapint oil An/]opa, pntl'a Mt ItM rpaN. User alert; (79Ae91fa99} Service Responaibiligr (Ardhtt9ct, Owner or Nat Provided Location of Servce DescrlpWn ,1 Pro commie ---.-Architect weer .2 Land 5urv9 Servlc99 -.-Cwner ,3 Oeetechntcal Servke8 .4 5 acs Schemallca(Flvw pia rams -Arch) .! Exia6n Facilities Surve s `ArchikcUDrvn ,6 Economic Feaslblll Studies .7 511e Anal sic and Selection er .8 Environmental Studies and Re one ~pa, ,8 Owner•Su Iled Data Coordination ---owner .10 Schedule Deveb meet and Mvnilorin ----•A chitecl .11 CivB Design --Q~(~ Consult I .12 Landsca a besi n ....~.- r .13 Interior Desi n `Arehite .14 5 ec'lal Bidden Or N¢ tlatlon ~--Own r ,16 Value Anal sis p ' ed .1B Detailed Cost EsGmalin one ~ ~~~ MRR-17-2005 1659 TLI5HIE MONTGOMERY • 612 F361 9632 P.21i21 59rvictu Resppnsidillty (Architect, Ownsr or Not Provided Lawtion of 8ervic4 precriptf9n .77 On-Site Project Representation -Ow~r's Consultant .18 Construction Mana errant -None ,79 51ar1-up Assistance -pw 1~er~ Consultant ,20 Record pravp s -----Nvl Provided .27 Posl-Contract Evaluation ~--NOI Provide ,2~ Tenant•Relaled Servio99 ---Not Provie .28 .24 .2S Description Of Scrvicea. (Insert descriprionr of the services des(gmrdd-) ARTICLE 2A MOpIFICATIQNS § 2.9.7 Modifications to this $landard Form of Alchilea's Services: Design and Contract Adminiserapvn, if Any, err 'as follows: By its execution, this Standard Fomt of Architect's Setvtcea: Dealgn and Contract Admitlisvation end modi~icaUons hesetp are inooryorated into the Standard Form of Agreement Belwecrl the Ownu and Architect, ASA Document 8141.1997, that was entered ipw by the pubes u pf the dale: ~~h 17. 2005 OWNER Clty 01 (SYgnararr) Milet Seppelt, Community Dcvelovment Director (Prigtrd nano a>Id rule) ARCHRECT 7ushi - t A I In (Sf arv7~shie. a dent (Printed nanr and rlrle) AIA C9[vmsnl alO1TM- 1Be7 pan Z. Copyrlghl O 1917, 19y6, 10d8, 1961, 1957, 1960, 1901, 1966, 1965, 1%7, 1970, 197x, 1971, 14157 sod 1997 by 7hr Ainddgse Milduta d Arc9ilsdt. All rlghla rygrnd. W ARNIrIll:7hls AIA^ O9eumenl is prelasbd by v,8. C9pyrlyhl LArw sod Inbmallensl Trca4las_ • YMUlh9rhep reprotlYitl9n or tllsllalNl9n 9r thts AIAs O9CUmen1, 9Y sm partlpn 91It, may nsun In eewra pWS srld ComlmlllanNllsa, sM w19 M proaoCMad ID nN mexlrnurh extant pW 3iWe under tM Isrv. TNt dacumeM wu pratluead b1' AIA seewsn N 15:69:4 en QV17M06 under pWr Ne.1000111 p65_t wh~ah expkas on 4IJM005. end k rrOt br fwala. r...,..,..... r-O-Mu~Mr TOTIaL P.21 ~~~ J ~~ NORTH JEFFERSON STREET 1 ~ 11 Milli i ~ 1 1lli~'1' 1 iiil~:rl~! il~ii~!!u! ~! ijj'~ ~ ail! i viii%II%~~~~h } illl,j.~ J~p ~i i~ ~ i~'~'~. ;~liil ~!I ~1'j~l ~S i u u n z i a r rn z c m .~ :~. A .~ ~>~ ~~ ,, e' - ~)i~JJ3~^ ~..1 a~ 9 ~~~) v c~' ~~ ~_ `~^~~VATIdJ l1EA5T ELEVATION V ........,. • • i C3' N ~ ~ .~ i ~ •. RESOLUTION NO. 12662 RESOLUTION APPROVING A CONAITIONAL USE PERMIT AND VARIANCE REQUESTED I3Y MARVIN VVILLIiITE, 465 HIGH STREET N.E. FOR CONSTRUCTION OF SECOND DETACITED GARAGE OVER 10D0 SQ. FT. • BE IT RESOLVED BY THE CITY COUNCIL OF THE CTi'Y OF HUTCI-IINSON, MN: ~~~ 1. Marvin Willhite has applied for a conditional use pemnrand variance for the consnuction of a second detached garage over 1000 sq. ft. located at 465 High St. N.H. LEGAL DESCRIPTION: The southwesterly 60.00 feet of the following described parcel of land, as measured along the northwesterly line thereof: Beginning at the most northerly comer of Block 16 in the Townsite of Hutchinson, North Half, according to the plat thereofon file and of record in the office of the County Recorder, McLeod County, Minnesota; thence southwesterly along the northwesterly line of said Block 16, a distance of 266.20 feet; thence southeasterly, parallel with the northwesterly line of said Block 16, to the west nght-of--way line of the Minnesota Western Railway Company; thence northerly, along said west tight-of way hne, to sazd northeasterly line of Block 16; thence northwesterly, along said northeasterly line, to the place of begiruting. 2. The City Council has considered the recommendation of the Flauning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anhcrpated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. • 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Flan, if the conditions, as outlined below are met. CONC~ LiIST ~h1 The City Council hereby approves the conditional use permit and variance based on the hardship of parking shortage with the following conditions: 1. Elevation drawings of the building are required. 2. A copy of the first page of the abstract is required. 3. The existing building and new building must meet fire safety codes (see recent inspection information from Fire). 4. Document proposed grades after structure is constructed. 5. Remove existing 24' X 20' detached garage prior to final inspection of the new structure. 6. Removal or relocation of services are at owner's expense. 7. A home occupation is not allowed exclusively in accessory building. $. The garage must not exceed 16' in height. 9. The building may not be pole constructed Adopted by the City Council this 22aa day of March, 2005. ATTEST: Gary D. Flotz City Administrator Steven W. Cook Mayor Q r~~ Hutchinson Cit Center C~ MEMORANDUM 111 Hrxsan Street SE Hntchlnson, tvlNl 553S0.RSZ3 324587-5151/Fu 331F231-1240 DATE: March 15, 2005 TO: Hutchinson City Council FRAM: Hutchinson Planning Commission SUB.TECT: CONSIDERATION OF CONAITIONAL USE PERMIT and VARIANCE REQUESTED SY MARVIN W ILLHITE, 465 HIGH STREET N.E. FOR CONSTRUCTION OF SECOND DETACHED GARAGE OVER 1000 SQ. FT. Pursuant to Sections 154,026(c) and 154.167 of the Hutchinson Municipal Code, the Hutchinson Plarming Commission is hereby submitting its £mdings of fact and recommendation with aspect tv We aforementioned request for a conditional use permit and vartartce. lII3TORY Mr. Willhite has submitted an application for a V ariance to allow a second detached garage (44' x 24') on his property. There is presently a 16' X 1 b' accessory garage located on the property that he uses for storage of his truck farming business equipment. This building will be moved to a different location on the lot. There is also an older existing 24' X 20' garage on site which will be mmoved. He states his hardship as the dwelling is a 2 family rating with 4 rental bedrooms in the downstairs unit There is presently a 3 car attached garage which does not meet the parking requirements for the number of residents be is allowing is the house. The new garage will be 1056 eq. R which will require a Conditional Use Permit. The lot is 6D' X 250' and he will meet the setback requirements. IN 5 1. 71te required application and fees were submit6ed. 2. Notices were mailed to the surrounding property owners as well as published in the 1=lut~li~gn Leader on Feblttexy 3, 2005. 3. There were no neighboring property owners present at the public hearing objecting to the request. C011 TI N The Planning Commission voted 4 ayes to Z nays to recommend approval of the conditional use permit sad variance based on the hardship of sufficient parking with the following conditions; 1. Elevation drawings of the building arc requited. 2. A copy of the first page of the abstract is required. 3. 7'he existing building end new building must meet 5re safety codes (see rocent inspection infortuation iirom Firo). a. Dacurrtent proposed grades after structure is constructed. 5. Remove existing 24' X 20' detached garage prior to fatal inspection of the new sttucdme. 6. Removal or relocation of services are at owner's expense. 7. A home occupation is not allowed exclusively is accessory building. 8. The garage mttst not exceed 16' in height 9. The building may trot be pole constnrcted. ce: Marvin Willhite, 465 High St N.E. Reaper rni Vi Hutchinson Planning Commission ~~ppY- l C,Q) DIRECTORS REPORT -PLANNING DEPARTMENT To: ilutchinson Planning Commission • (Persons in attendance at Planning Staff Meeting (in bold) ; From: Brad Bmans, Avlf Moon, Dave Hnnstad, Miles Seppelt, Crystal Faust, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, Mark Schnobrich, Marc Sebora, Gary Plotz,. Ken Merrill, Jim Popp, Dan Hatteu, Alek Nagy, Julie Wiscbnack, AICP, and Bonnie Baumetz Date; January 31, 2005 - IVleeting Date: February 15, 2005 Applicant: Marvin Willhite - 465 High St. N.E. CONDIT1pNAL USE PERMIT AND VARIANCE Brief Description: Mr. Willhite has submitted an application for a Variance to allow a second detached garage (44' x 24') on his property. There is presently a ld' X 16' accessory garage located on the property that he uses for storage of his truck farming business equipment. This building is proposed to be moved to a different location on the lot, There is also an older existing 24' X 20' garage on site which will be removed. He states his hardship as the dwelling is a 2 family rating with 4 rental • bedrooms in the downstairs unit. There is presently a 3 car attached garage which does not meet the parking requirements for the number of residents he is allowing in the house. The new garage will be 1056 sq. ft. which will require a Conditional Use Permit. The lot is 60' X 250' and he will meet the setback requirements. GENERAL 1NFORIVIA'I'ION Existing Zoning: R3 (Medium-High Density) Property Location: 465 High St. N.E. Lot Size: 60' X 250' Existing Land Use: Multiple Family Reaidential Adjacent Land Use And Zoning: C4 (Fringe Commercial), R2 (Medium Density Residential) and R3 Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: NA Applicable Regulatlons: Section 154.026 (c) and Section 154.167 ,Hutchinson Municipal Code 9 c~~ r~ Conditional Use Permit Marvin Willhite -Conditional Use Permit and Variance Planning Commission- February 15, 2005 Page 2 SX'X';CXAL XNFOXtMATXON C~ • Transportation: Parking: Analysts and 1Zecommendation: High Street NE 1 space per tl'id~; and IS ~ f jjper unit for visitors r• !i The consensus of the Planning Staff is to recommend approval of the Conditional Use Permit, but deny the variance. Staff would agree to the garage over 1000 sq. ft. and would prefer the other two garages were removed and not allow the Variance. The drainage is poor in the area and the existing structures are dilapidated. Staff would recommend approval of the Conditional Use Permit with the following recommendations: 7. A home occupation is not allowed exclusively in accessary building. $. The garage must not exceed 16' in height. 9. The building may not be pole constructed. 1. Elevation drawings of the building are required. 2. A copy of the first page of the abstract is required. 3. The existing building and new building must meet £ire safety codes (see recent inspection information from Fire), 4. Document proposed grades after structure is constructed. 5. Remove existing two detached garages prior to final inspection of the new struciure. 6. Removal or relocation of services are at owner's expense. Cc: Marvin Willltite, 465 High St. N.E. ~c~): y~S . ~fr {~~-+J ~~a~~ r1~~` I ~`"'` - ~ \Y ~ ~~ p.ap /: VVV ~ }1 ~~ N rxyl by ., .~~ OO ~ v4 C ti r, a, - ~ AM arl ~~~ 4yK~,~ ~xuH ri )y39 .~.' Y a ~ ~ G ~M1~. / ~ Sr4 '..i ~~' ra, a a$ ~~ .~ dr ~~ M1. ' ~ ~i .~ ~r ra ~f TR 80rrf111165TERLY 60-00 Phi OE T6E fOLiA11ING DE6CRI86O PI~E~. OP 1iJIG, k im1LSO6ID ]4IL\rr' T~ 110RT-6E3T'EPLY LIIQ T6ipE0E, 1CGINNIIG AT T68 lCST ~ATNEPI.Y OY 6LCCiC 16 IM SX6 TONM6ITS OP 61ri,'9Ii1fi0N• IUN171 Ekrr. I~CM60ING T'Q T0E PGT TI~RBOT [tl PLIi ~ OP 60'~DM I8 TtlE ORI~ OP T1~ NDlrl'Y 'lIEU7EDIR~ i1C7.E00 CJODTY. MI6W690EAr T'L61i~ SppflYESTW.Y SI.OU[' T6E DORTH6R9TiPLT GIN6 OP uID 6lACX 16i A DISfl4NCC ~ 766.70 rE3T1 TANCB 6pIxTB6k6TERW. PaWiLIBL IRTA T8E IgET6- MEa1'dRLr-LIKE 0T 6xIL BLOC,[ Lfi. 7D Y6E rt65'! u67R 0! fYY LIIR OT T6R S16QSOS1 Y6SIES01 REILNAY COIP741!!, T6E711B BgillIRELY, 6IAWj sksD MpT a7eer a vuY Llru, m•~BD¢u+~k6TEla.Y LSI¢ ~ 71IAC[ 16, AmRE Bosrnvssxawr, AEWG ruD .s n--+•-Y ulo, m Tae Brace aP eaDlrDnrw. ''~ ~r`3 4~ '4r ~r \ trs .~~ `\\ Qr ~_ Haack Nark: Spikr in Powr polo +pprrr 65 Pert swrlwrs[ of SM Prap. eo[mr Elw+tien ~ 1075.19 l .xx.s CaNGi r%is[Laq rlWatioo nat~ aamtes Pr+P'•+~ rlrrrtien r'4 r ~3 z ~~ '/ s ~! S~ ~~f a'ta+'~~~°. b a~~ ~ ~~ N O Q x61 •aa,a m~ lv CERTIFlCATE OF SURVEY for M6rvirt W' hi le 1 k.r.a rrrgrr xrr xllr nrp. Jrw r ryarr +If Prywar n N rr rMr q rrrtr +w.- Scaa I' • 36~ Boek HTPO 2z Hansen Thorp PelElnea Olson Inc. ~'-- +•r rMl 1 r. rr6 l:crrrN urr Arwrrr rMr Mt rwa rf wr SIrX rl aiirrroxr. LrIN y,rrexan•Or••M6+r [rl:raro•7.w Piaern ar~.r0.p.0, = urra $I Or. 5. l9H4 FIr! Na FD9~ 21 HUTCHIHSOH,MK TEI. S8T•4789 Hutchinson Fire Services 111 Hassan St SE Hutchinson, MN 5535D (32D)234-4211 Fire Safety tmspection Date: Augusi 11, 2004 File: #04-153 Marvin Willhite 465 High Street NE Hutchinson MN 5535D Property Address: Same Business /Building Name: Phone Number: Knox Boa[: No CORE SUMMARY . [n accordance with the provisions of Minnesota Statute 299F.011, Minnesota Uniform Fire Code, Inspection of the above premises was cornpletcd and the following violaHona and/or deficiencies were noted requiring corrective actions ~ Your butlding looks good, I know you are doing the best you can when it comes to safety of your tenants. Keep up the goodJobll Thank Yowl This inspection has.been done~to help insure and aid in the safety for you, your er~loyees, and your customaa. The fire safety concerns noted above need to be corrected in s timely ttmtmer to make sme your building stays se se6e u possible. For further assistance, contact the Hutchinson .FYre Chief at (320) 234-427X Brsd Emans, Fire Chief 4 ~Q~ • s ~'~ ~y~ ~ x wr i ~. .~ J ~:.:~-- >~ ~~ ~~' Y J'.3x. ~ .. ~~ ~' . _a r i RESOLUTION NO. 12669 RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUESTED BY . SOUTHWEST MN FOUNDATION TO ALLOW CONSTRUCTION OF AN OFFICE BUILDING, IN THE FLOOb PLAIN AND IN THE CS DISTRICT BE IT RESOLVED BY TFIE CITY COUNCIL OF THE CTTY OF HUTCHINSON, MN: FAVDINGS The property owner has submitted a request to construct an office building in the flood plain located at the corner of Hwy 7 and Hwy 15 (former Dale's Auto site) which is also in the CS (conditional commercial) + ,. district. Legal Description: All that part of Lota 1 and 2, Block 21 in the Townsite of Hutchinson ,North One- Half, according to the map or plat thereof on file and of recorel in the office of the County Recorder in and For McLeod County, Minnesota, described as follows, to-wit; Beginning at the Northeast corner of the above-described Lat 1, Block 21; thence South along the East line of Lot 1 to a point which is 8 feet North measured at right angles from the center line of Minnesota Western Railway spur track known as the house track #ICC 38; thence Westerly parallel and distant 8 feet measured at right angles from the center line of said spur track to the West line of the above-described Lot 2; thence North to'the Northwest comer of said Lot 2; thence Southeasterly along . the North boundary line of the said Lot 2 and the said Lot 1 to the point of beginning. Also, Lots 3 and 4, Blook 21, Townsite of Hutchinson, North One-Half, excepting therefrom the South 75 feet thereof, according to the map or plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota. Also, Lot 5, Block 21 in the North Half of the City of Hutchinson, except the South 7S feet thereof, according to the map or plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota. ALSO, That part of Lots One (1), Two (2), Three (3), Four (4) and Five (5), all in Block Twenty-one (21) in the Townsite of Hutohinson, North Half, and the North 16.5 feet of that part of Fourth Street (now known as Third Avenue Northwest) lying Southerly of and adjoining said Block 21, lying Southerly of the following described line: Commencing at a point on the Easterly line of Lot 1 of Block 21, lying 31.49 feet Northerly of the Southeast corner thereof (which point is distant 8 feet Northeasterly, measured at right angles or radially, from the center line of Minneapolis Industrial Railway spur or house track I.C.C. #38, being the most Northerly side track Northerly of the main track of said Railway Company, as said tracks were located on January 15, 1973; thence Noah 74 degrees 1 minutes 28 seconds West (parallel to said spur or house track center line as the same was located on January 15, 1973) a distance of 50.00 feet; thence Northwesterly and Westerly along a tangential curve to the left . having a radius of 3,000 feet and a chord bearing North 80 degrees 24 minutes 54 seconds West (parallel to said spur or house track center line as the same was located on 7anuary 15, 1973) a distance of 93.76 feet, more or less, to the West line of Lot 2, being also the East line of Lot 3, said Block 21; thence Northerly along the West line of Lot 2, being also the East line of Lot 3, a distance of 14.89 feet, more or less to a q ~'~~ Resolutlon No. 12669 Southwest MN Foundation March 22, 2D05 Page 2 . point on the North line of the South 75.00 feet of said Lot 3; thence North 89 degrees 41 minutes 40 seconds West along the North line of the South 75.00 Feet of said Lot 3 and of Lots 4 and 5 in said Block 21, a distance of 210.82 Feet, more or less, to a point on the West line of Lot 5, being also the East line of Lot 6, said Block 21; thence Northerly along the West line of Lot 5, being also the East line of Lot 6, said Block 21, a distance of 33,43 feet, more yr less, to a point on the East line of Lot 6 lying 108.47 feet Northerly along said East line from the Southeast comer of said Lot 6; thence North 89 degrees 41 minutes 40 seconds West a distance of 70.02 feet, more or less, to the West line of Lot 6, being also the East line of Lot 7, said Block 21; thence Northerly along-the Wcst line of Lot 6, being also the East line of Lot 7, said Block 21, a distance of 23.45 feet, more or less, to the intersection with the Easterly extension of the North line of the South half of Lots 9 and 10, as described in Book U of Deeds, Page 354 (being also the North line of the South half of Lots 7 and 8); thence Westerly along said Easterly extension of the North line of the South half of Lots 9 and 10 (being also the North line of the South half of Lots 7 and 8) to the Westerly line of Lot 8, said Block 21, and there terminating, And lying Northerly of a line drawn parallel with and 8 %: feet Northerly, measured at right angles, from the centerline of the main track of the Burlington Northern, Inc., as said main track is now laid out and located. ALSO, That part of Lots 6, 7 and 8 of Block 21, NORTH HALF OF HUTCHINSON, lying . Northerly of a line described as follows:Commencing at a point on the east line of Lot 1 of said Block 21, a distance of 31.49 feet northerly from the southeast comer of said Lot 1, said point being 8 feet northeasterly as measured at a right angle, from the centerline of Minneapolis Industrial Railway spur or house track LC.C. No. 38, being the most northerly side track northerly of the main track of said Railway Company, as said tracks were located on 7anuary 15, 1973; thence North 74 degrees Ol minutes 28 seconds West, parallel with said spur track centerline as said tracks were located on 7anuary 15, 1973 (the south line of said Block 21 is assumed to have a bearing of South 89 degrees 41 minutes 40 seconds East) a distance of 5D.D0 feet; thence westerly, parallel with said spur track centerline as said tracks were located on January 15, 1973, a distance of 93.76 feet along anon-tangential curve, said curve is concave to the south, has a radius of 3,000.00 feet and a central angle of 1 degree 47 minutes 26 seconds and the chord of said curve bears North 80 degrees 24 minutes 54 seconds West, to the East line of Lot 3 of said Block 21; thence northerly along the east line of said Lot 3, a distance of 14,89 feet to the north line of the South 75.00 feet of said Lot 3 and Lots 4 and 5 of said Block 21, a distance of 210.82 feet to the east line of said Lot 6; thence northerly along the east line of said Lot 6, a distance of 33.43 feet to a point 108.47 feet northerly from the southeast comer of said Lot 6, as measured along the east line of said Lat 6 to the beginning of the line to be described; thence westerly, parallel with the south line of said Block 21, a distance of 70.02 feet to the west line of said Lot 6; thence northerly, along said west line of Lot 6, a distance of 23.45 feet to the intersection with the easterly extension of the north line of the South Half of Lot 10 of said Block 21, as said north line is described in Book U of Deeds on Page 354 in the office of the County Recorder of McLeod County, Minnesota; thence westerly, along said easterly extension, a distance of 138.76 feet to the west line of said Lot 8 and said line there terminating. B7CCEPT therefrom tkte West 20:D0 feet of said Lot 8. 1 ~ f. Resolution No. 12669 Southwest MN Foundation 1Vlarch 22, 2005 Page 2 • ALSO, That part of Lots Six (fi), Seven (7), and Eight (8), in Block Twenty-one (21) in the Townsite of Hutchinson, North Half, and the North 16.5 feet of that part of Fourth Street (now known as 77tird Avenue Northwest) lying Southerly of and adjoining said Block 21, lying Southerly of the following described line:Commencitag at a point on the Easterly line of Lot 1, said Block 21, lying 31.49 feet Northerly of the Southeast corner thereof (which point is distant 8 feet Northeasterly, measured at right angles or radially, from the center line of Minneapolis Industrial Railway spur or house track I.C.C. #38, being the most Northerly side track Northerly of the main track of said Railway Company, as said tracks were located on January 15, 1973; thence North 74 degrees 1 minute 28 seconds West (parallel to said spur or house track center line as the same was located on January 15, 1973) a distance of 50.00 feet; thence Northwesterly and Westerly along a tangential curve to the left having a radius of 3000 feet and a chord bearing North 80 degrees 24 minutes 54 seconds West (parallel to said spur or house track center line as the same was located on 7anuary 15, 1973) a distance of 93.76 feet, more or less, to the West line of Lot 2, being also the East line of Lot 3, said Block 21; thence Northerly along the West line of Lot 2, being also the East line of Lot 3, a distance of 14.89 feet, more or less to a point on the North line of the South 75.00 feet of said Lot 3; thence North 89 degrees 41 minutes 40 seconds West along the North line of the South 75.00 feet of said Lot 3 and of Lots 4 and 5 in said Block 21, a distance of 210.82 feet, more or less, to a point on the West line of Lot 5, being also the East line of Lot 6, said Block 21; thence Northerly along the West line of Lot 5, being also the East line of Lot 6, said Block 21, a distance of 33.43 feet, more or less, to a point on the East line of Lot 6 lying 108.47 feet Northerly along said East line from the Southeast corner of said Lot 6; thence North 89 degrees 41 minutes 40 seconds West a distance of 70.02 feet, more or less, to the West line of Lot 6, being also the East line of Lot 7, said Block 21; thence Northerly along the West line of Lot 6, being also the East line of Lot 7, said Block 21, a distance of 23.45 feet, more or less, to the. intersection with the Easterly extension of the North line of the South half of Lots 9 and 10, as described in Book U of Deeds, Page 354 (being also the North line of the South half of Lots 7 and 8); thence Westerly along said Easterly extension of the North line of the South half of Lots 9 and 10 (being also the North line of the South half of Lots 7 and 8) to the Westerly line of Lot 8, said Block 21, and them terminating and lying Northerly of a line drawn parallel with and 8 '/z feet Northerly, measured at right angles, from the centerline of the main track of the Burlington Northern, Inc., as said main track is now laid out and located. EXCEPT the West 20 feet of said Lot 8 and except the West 20 feet of the Notch 16.5 feet of that part of Fourth Street (now known as Third Avenue Northwest) lying Southerly of and adjoining said Lot 8, Block 21. ALSO, • That part of Lots 1, 2, 3, 4, 5, 6, 7 and 8, all in Block 21, NORTH HALF OF HUTCHINSON, according to the recorded plat, and that part of the North 1fi.5D feet of Fourth Street (now known as Third Avenue NW) as vacated by resolution passed and adopted by the City Council of the City of Hutchinson on the 14a' day of October, 1915, lying southerly of a line drawn parallel with and 8.50 feet northerly, measure Resolution No. 12669 Southwest MN Foundation March 22, 2005 Page 2 • right angles, from the centerline of the main track of the former Burlington Northern Inc. as said track was located on February 12, 1991, and lying westerly of the east Bate of said Lot 1 and its southerly prolongation and lying easterly of the east line of the West 20.00 feet of said Lot 8 and its southerly prolongation. !! ~!~~~j'fI'he City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic. conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has detemtined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby approves the conditional use permit with the following conditions: 1. Revise plans with the updated building location as provided in the architectural details 3/4/05 and additional comments by City Engineer. 2. Verify what will be done with the storm sewer line on the property. MNDOT verified they will be relocating the line 3/9/05. . 3. Landscaping is a high priority. A landscaping plan must be provided. This has been completed, however the conditional use pertxtit should state that the .landscaping plan, in its entirety will not be completed until September of 2007. 4. The platting of the property has been presented. Revised drawings of the Qutlot being part of the larger lot, should be submitted when the transfer of land has been established and then the City Council could review trite Preliminary and Final Plat portions of the request. 5. A definitive plan on power poles must be received. Definitive dollar figures have been provided to the applicant. No response to this issue has been received at the date of this report. Adopted by the City Council this 22"d day of March, 2005. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor ~~f~ Hutchinson Cit Center C MEMORANDUM TO: Hutchinson City Council FROM: Hutchinson Planning Corrtmiaoion 17r Hassan Street 86 Hutchinson, MN 553502522 320.587.5151/[+'ax 320234-g2M1 SUBJECT: CONSIDERATION OF PRELIMINARY AND FINAL PLAT Tt7 BE ICNOWNS AS SWMF ADDITION ANp CONDITIONAL USE PERMIT POR OFFICE 13UILDING 1JSE IN THE CS DISTRICT Pursuant to Sections 154.065 and h 52,D74 of the Hutchinson Municipal Code the Hutchinson Planning Comntissioa is hereby submitting its findings of Fad and recommendation with respect to the aforementioned request for preliminary and final plat and conditional use perrtnt. H~1 TQRY The applicant has submirtcd a rive lot preliminary and final plat to be ]mown as SWMF Addition. The properly is a combination of torrens and abstract lots. The Conditional Use Permit was tabled by the Planning Cottmtission until the applicatlon is complete. F INGS p~ 1 • The required application and fees were submitted. 2• Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leads on March 3, 2005. 3. A predevelopment meeting wan held on 7anuary 31, 2005. 4• There were no neighboring property owners present at the public hearing objecting to the request. 5. The site plan provides for a rounded, one story building located to the eastern portion of the property, The parking area is proposed to the western portion of the building. The proposal envisions, eventually sharing a parking area with a property if the lot is ever split to the west. rtccorruneWatl Interior Lot Line Ri t of Wa ~ Parking LodG}rculatron 10' 10' I' from existing right of Drive way; encroaching in new 1uilding 20 ri t of wa 10'-15'= 30' 26' from existing Highway 7 Right of way (after acquisition, atnicipated setback would be reduced to 11'-16' on noRh side. To deal with the new right of way the paring lot will need to reduce thc northern tier of parking spaces by 2, totaling of 4 spaces. 6. There has been additional correspondence from the applicant regarding the Parking requirements. Staff had directed thc applicant to identify their needs and continued with the same process that had been applied to the Th ~ ter on Century Avenue. (See letter dated 3/4/05) Additionally, staffhas reviewed the "parking Genera~a - 3 Edition) manual, 2004, which indicates the parking generation for a typical office building to' be 2.8 vehicles per 7000 square feet of gross floor area, during weekday peak periods. The data indicates that this calculation would equate to 31 spaces for this 11,000 square foot building. ("I'he data in the manual studied over 185 sites over a period of 31 years to arrive at thc number.) The proposed site pint, updated as of Much 4, 2005, indicates 42 spaces, 2 of which are identified as handicapped spaces, With the deletion of4 spaces that would equa138 spaces would be wnstmcted. Staff consensus has been that the proposed puking meets the needs of the proposed use. 7• There was some discussion regarding the height of building. The building will be raised G7 feet from existing grade, in the central portion of tbe platpA~q°~~t~"~ .oaa are proposed to slope toward 1048 as the site ~ (~ DATE: March 15, 2005 Finding of Fact -March 15, 2005 • Southwest MN Foundation -Conditional Use Permit, Preliminary and Final plat - SWMF Addition Page Z travels to the cast. The building ranges from 1 X23 feet high, with an additional 12 feet on the largest light monitor (these dimensions are with respect to the north elevation). 8. .The flood calculations havc bcen reviewed by engineering and it has been determined that the flood storage capacity for this area will not be impacted. The proposed bridge elevation is to be 6 feet higher than the existing structure which lessens the need for upstream flood storage. The site grading and stormwatcr improvements provide for quantity control and also rmlaccc flood storage lootbyphu:emcntoftlre buildiug and fill. 1_tF~OMMENDA'~IDN The Planning Comrrrission voted 4 ayes,l nay and 7 abstaining recommends approval of the prelimiuary and final plat and conditional use permit conditions: 1. Revise plans with the updated building location as provided in the architectural details 3/4/05 and additional comme~a by City 13ngitreer. 2. Verify what will be done with the storm sewer line on the property. MNDpT verified they will be relocating the line 3/9/05. 3. Landscaping is a high priority. A landscaping plan must be provided. Thin has been completed, however the conditional use pemtit should state that the landscaping plan, in its entirety will not be completed until September of 2007. d. The platting of the property has been presented. Revised drawings of the Outlot being part of the larger lot, should be submitted when the transfer of hard has been established and then the City Council could review the Preliminary and Final Plat portions of the request. S. A definitive plan on power poles must be received. Ilefudtive dollar figures have been provided to the applicant. No response to this issue has been receivec at the date of this report, Respe y su r er tee Hutchinson Planning ComraAasion x: Save Jensen, 19860-623'" Ave., Litchfield MN 55355 Southwest MN Fom+daHoq 1390 Hwy 15 S MN170T (and Holton Monk) Marty Campton, Project EnBinar Lee Tvllefsop 4cf) DIRECTORS REPORT -PLANNING DEPARTMENT To: Hutchinson Planning Commission (Persons in attendance at Planning Staff Meeting ('m bold) From: Brad Btnans, Dolf Moon, Dave Hunstad, Miles Seppelt, Crystal Foust, Jean Ward, John Rodeberg, P.E., Kent Exner, John Webster, Michael ,,;', ^ ;'l, ~1 I~umm, John Olson, Lenny Ruth:dge, Kyle Dimler, Mark Schnobrich, '~' Marc Sebota, C3ary Plotz, Ken Memll, Jim Popp, pan Hatters, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetc pate: February 28, 2005 -Meeting Date: March 15, 2005 Applicant: South West Minnesota Foundation, prolirr'ty owner CONTIN[TED REVIEW OF CONDTITONAL USE PERMIT' PRELIMIIVAItX AND FINAL PLAT REVIEW The notations in bold are additional pieces of information that have been added to the report after February i5o', 20p5 Planning Commission Meeting. Brief Description: The Southwest Minnesota Foundation has submitted an app]ication for a Conditional Use Permit . to construct an office building in the CS (Conditional Commercial) District, which is also in the flood plain. At this time the Planning Commission will review a proposed sketch plan of the property. There are a number of parcels to be combined by the platting process. This is a complicated plat, in that there are abstract and totters proptrties (indicating the way in which the property title is held) to be combined into one lot. Also, the Foundation has not yet purchased the City property to be included in the plat. A Conditional Use Permit is required because all uses in the CS District require a Conditional Use Permit. A predevelopment meeting with the architect and property owners was held on 7anuery 31, 2005. (Previous predevelopment meetings have been held as well.) _ The request now includes a preliminary and final plat proposal. While discussions abort transferring the land owned by the City, continue, the theory would 6e that the land would be consumed into the platted lotto allow for one parcel of land to exist. GENERAL INFORMATION Existing Zoning: CS (Conditional Commeroial) Property Location: 14 -- 4m Ave N.W. Lot Size: Approximately 2.5 acres Existing Land Use: Vacant • Adjacent Land Uae And Zoning: C2 (Automotive Service Commercial) and lt2 (Medium Density Residential) to the North; UC (Industrial Commercial) to the Essi; Parkland to the South and CS to the West. ~cF) Conditional Use Permit Southwest MN Foundation Planning Commission- March 15, 2D05 Page 2 Comprehensive Land Use Plan: Commercial Zoning History: This is the former Dales Auto site. In March of 1999, a Conditional Use Permit application was submitted for construction of a veterinary clinic, rm the property (the western portion). This request was later withdrawn by the property owner. In November 1999, Walgreens submitted a Conditional Use Permit and replatting to construct an approximately 15,000 sq. ft. building on the property. The request was approved by the City. Applicable Regulations: Section 154.065, kIutchinson Municipal Code SPECIAL INFORMATION Transportatloa: 3'a Ave. NW and Fkwye 7 and 15 Parking: Office Building less than 20,000 sq. ft. - 5 spaces per 1000 sq. ft. Office Building more than 20,000 sq. ft. - 4 spaces per 1000 sq. ft. Anai_ysis: Candttlonal Xlse Permit Pardon There are several factors the CS Zoning District identifies for consideration: Slte Plan LayouUSetbacka The site plan provides for a rounded, one story building located tv the eastern portion of the property. The parking area is proposed to the western portion of the building. The proposal envisions; eventually sharing a parking area with a property if the lot is ever split to the west. Recommended Interior Lot Line Ri ht of Wa sed Parking 10' 10' 1' fmm ezisting Lot/Circulation Drive right of way; encroaching in new right of way by 10'- 15'• Building 20' 30' 26' from existing . ffighway'7 Right of way (afar acgnisltlop, anticipated setback would be reduced to il'-ib' an north side. ~~~) Conditional Use Permit Southwest MN Foundation Planning Commission- March 15, 2005 • Page 3 To deal with the new right of way the parking lot will need to reduce the northern tier of parking spaces by 2, totalling of 4 spaces. The CS Zoning District provides for setbacks as recommended and can be approved by the Plantting Commission to adjust to better design a project; rather than applying the strict variance process. However, the huild;r,g crosses a property line in the cwtter of the lot and is very close to city owned property on the south. The parking lot also crosses three property lines. To comply with the building code, the building also needs to have separation from property lines. Additionally, crossing property lines creates major issues with property title, and the potential for pieces of the building to be sold without the appropriate boundaries being identified. (More will be explained under the platting section.) The property line issue, essentially is anon-issue, when the replotting occurs. The plat will create one large lat. The parking requirement provide for a requirement of S spaces per 1,000 square feet of area. The building square footage is 11,000 square feet. The proposed parking lot contains 40 spaces. The applicants also provided an inventory of the parking needs for the suvcture. There has been additional correspondence flrom the applicant regarding the parking requirements. Staff had directed the applicant to identify their needs and rnntinued with the same process that had been applied to the Theater on Century Avenue. (See letter dated . 3/4/05) Additionally, staff has reviewed the "Parking Generation -3rd Edigon) manual, 2004, which indicates the parking generation for a typical office building to be 2.8 vehicles per 1000 square feet of gross floor area, during weekday peak periods. The data indicates that this calculation would equate to 31 spaces for this 11,D00 square foot building. (The data in the manual studied over 185 sites over a period of 31 years to arrive at the number.) The proposed site plan, updated as of March 4, 20D5, indicates 42 spaces, 2 of which are identified as handicapped spaces. With the deletion of 4 spaces that would equal 3$ spaces would be constructed. Staff consensus has been that the proposed parking meets the seeds of the proposed use. Transportation/Acceas Next year Ute Highway 7 construction will occur. The building will have inconveniences because of this issue. The proposed access will be off of 3'd Avenue, which will assist in gaining access to the site during construction. This will also less the impact to any persons on Flighway 7. An office building is much less of a traffic generator than moat businesses; therefore, staff is not concerned about the proposed access. An issue that needs to be resolved is whether the Foundation will be purchasing the property to the south from the City, This needs to be addressed, as it is an integral part of the parking and access arrangement for the property. At the date of this report, it is theoretical that the City will be selling the property on 3rd Avenue to the applicant. While, the procedures for land dispersal are not complete, the selling of the property would alleviate any concerns regarding access to the site via 3'd Avenue. The highway rnnstruction and acquisition pending for this area has been confusing and complicated. The proposed building would be set back 26 feet firpga e~stldg right of way and 11-16 feet from the new right of way. Within 21 feet of the existing right of way, will be considered construction limits (5 feet from the edge of the building). The City has received a letter from MNAOT indicating their acceptance of the plan. QC~~ Conditional Use Permit Southwest MN Foundation Planning Commission- March 15, 2005 • Page 4 Buildiag beslgn The City Code provides that "any building or structure within the C-5 district shall be designed to promote the use and enjoyment of adjacent properties and be architecturally harmonious with thr. adjacent properties. Building designs shall be approved by the city's Planning Commission at the time a conditional use permit is approved". The Downtown Master Plan, which has been adopted by the City; indicates on the picture to the right, discussion alxiu[ [he City's gateway and maintaining views of the river, Staff has reviewed the schematics of the structure. The stn~ctural fagade would be mostly made out of brick While the building layout on the site and building materials did not seem to be an issue, staff agreed that the additional stmctures on the roof' line of the building arc out of character with the surrounding area. ,. J..~.,...... ~ „ ~ Y-..~ ~. ~ .r.,.„ _..r.r. At the stab meeting of February 28, 2005, the two designs that ; °`, ;,"„;, ~~~;~,;,,;,,~ +~q-..~' p.w~.+ i had heen presented at the Planning Commission were ~w,:W'~...~.:.~: ,~;' ~,~ "'`"""""'~" discussed. The discussion confirmed that the site layout and arrangement of parking area . was acceptable. However, the staff dit) not come to a consensus regarding the actual design architecture of the building. Some felt the more angled light units Were more appropriate than the previous gambrel design. Others were not supporting either of the proposed designs. There was some discussion regarding the height of building (at the Iast Planning Commission). The building will be raised 6-7 feet from existing grade, in the central portion of the plat. The outer elevations are proposed to slope toward ]048 as the site travels to the east. The banding ranges from 16-23 feet high, with an additional 12 feet qn the largest light monitor (these dimensions are with respect to the north elevation). LandscapinglLighfing The City Code calls for the landscaped area to encompass a minimum of 15% of the site area (20% raommendcd) or 16,600 square feet of open space. The presented site plan seems to provide that space. however, furOter review would aced to be conducted when the engineering detail has been submitted. The code requires 1 tree per 800 square feet of landscaped area or 20 trees. The plans provides in excess of the calculation. The code also discusses berating with low ground cover with slopes no greater than 1 foot in vertical in 3 foot horizontal. There is a retaining wall area on the southern side of the building, with a green space. There could be small berms added at the northern portion of the parking lot, to soften the appearance of pavement prior to viewing the river. (Same of the grading elements are dependent on the final designs of Highway 7.) The Code identifies that the lighting In the project will be compatible with the lighting in the area . (atom style). The landscaping details have been discussed with staff member in the Park's Department The notes regarding the discussion are attached. There should be some time frame ~~C~/1 ...,..w.,........~.y..~..., .~.~.........,...... ...._ ~d.. „,,.w~~..„.mxw..,,....~..a.~.~r,.. a.,„„„. +wr.a„..m ~ Ww~+w. M.ww„ ra. ~ynwrrm.~rwr µw.n.,,~r rk w.•ur.,. x,u r.+.-awr«...rwr. s.,w..wd....., ne-R.r rr..~r~.nrwc«.a`„~~.w F.w w„;e. M i„'.~Kr.„xwwm Yrr. bnww Conditional Use Pertnit Southwest IVIN Foundation Planning Commission- March I5, 2005 Page 5 • established for total site planting. It is not recommended to have the plantings in an around Highway 7, until ap grading and construction has been completed, which would be 2007. Flood Plain Encroachment ~j~ . t „ ;'.1~ mportant cn~~v This fs probably the most i " ` °S.~~ration in thic application. The building proposes to impact the 100 year flood plain (not the floodway). The one hundred year flood is 1045.2; thus requiring a minimum floor elevation of 104fi.2 (as required by the flood plain section 154.089). The civil engineer is required to review a number of items: flood plain impact and establishment of no net loss of flood storage capacity; stormwater quantity control (as the building and parking area are less than 1 acre), and general grading relationships to Highway 7 and 3`" Avenue. Special consideration should be given to the fact that this stormwater directly discharges into the river area and even though, not required, pretreatment in some settlement system (i.e. rain gardens) should be explored. The flood calculations have been reviewed by engineering and it has been determined that the flood storage capacity for this area will not be impacted. The proposed bridge elevation is to be 6 feet higher than the existing stricture which lessens the need for upstream flood storage, The site grading and stormwater improvements provide for quantity control and also replaces hood storage lost by placement of the building and t'dl. Other Issues Staffhas mentioned a number of general site considerations to the applicants regarding the Property. The following summarizes comments made by staf,Fat various meetings: many homes used to exist on the properties which would cause some construction nuisances as old services maybe found; the water service to the Harbarth building was not shut off before moving the building, causing the line to freeze, a letter explaining the remedies was provided to the property owner; the electrical lines need to stay in the area and there would be an opportunity to remove the guyed poles if the property owner purchased new poles for tbe non-guy wire supper structures (this is a costly factor); contamination of soil should be studied; storm sewer line in the northwestern poition of the property rosy or may not be relocated, depending vn MNDOT construction; intersection grades, 3'a Avenue Grades need to be provided to expedite the final site Plan grading information. Placing Porriorr The property line issues are concerning. Staff informed the applicants or their agents regarding the concerns shout the multiple property line issue. Staff is requesting the matter be resolved by platting the property into one or two parcels of land. The minimum requirement is to remove the ProP~'h' lines in and around the building. This process may require the property to be entirely torrens, but this will alleviate the concerns. Staff has provided the applicants ways in which to address the issue, while providing a positive time frame, The platting of the property has been presented in both preliminary and final plat form. ~ " ~ '; Staff would recommend consolidating the lot, which will 6e deeded irot4 1 . the r'1 (Outlot ~, A), to provide for one large lot with drainage aid utlllty easements. The platiu~i~"f;.aiai~' tded after the transfer has occarred. ~rF> Conditional Use Permtt Southwest MN Foundation Planning Commission- March 15, 2005 . Page 6 Revised Recommendation The consensus of the Planning Staff was to recommend tabling the request for a Conditional Use Permit in that there was a need for more information in a number of areas. Staff brought the application Forward, requesting direction prior to solidifying the f nal plans. Items needing fo]low-up (BOLD indicatrc status) are: 1. Civil engineering drawings/calculations. (Need to revise plena with the updated building location as provided in the architectural details 3/4/05 and additional comments by City Engineer) 2. Verify proposed location of water and sewer lines. Completed 3. Verify what will be done with the storm sewer line on the property. MNDOT verified they will be relocating the line 3/9/05. 4. landscaping is a high priority. A landscaping plan must be provided. This has been completed, however the conditlonal use permit should state that the landscaping plan, in Its entirety wlll not be completed until September of 2007. 5. The platting of the property must be completed. The platting of . the property has been presented Revised drawings of the Outlet being part of the larger lot, should be submitted when the transfer of land has been established and then the City Council could review the Preliminary and Final Plat porttom of the request 6. Revise the building elevation drawings. Staff remains divided on the recommendation of the architectureldesign of the building 7. A definitive plan on power poles must be received. Definitive dollar figures have been provided to the applicant No response to this issue has been received at the date of this report. Staff would further recommend approval of the preliminary and final plat. The approval would await revised drawings pending the sale of the property to the applicant. Cc: Steve Jensen, 19860~23'a Ave., Litchfield MN 55355 Southwest MN Foundation,1390 Hwy 15 S MIvD()T (and Bolton Monk) Marty Campion, Project Engineer r1 4 CF~ • RFcE March ls, zoos Mq NFL R x ,~ ~~o ~ ~oGS ~,A~~ TO: City of Iintrhinson ' ? ~ en QOM: Sherry E. I2istau President ~: Definitive Plan on Power Poles The purpose of this memo is to communicate the Southwest Minnesota k'oundation good faith comnrritment to reach an agreement as it relates to the power poles located on our property which need to be moved for our office building construction project. The Foundation agrees to cover the costs of one pole contingent on: 1. Pole to be located in the best interest of the new office building and view's 2. Any reimbursement or credit from MnDDT related to the utility pole and the road . and/or bridge construction will be given to the Southwest Minnesota Foundation. It is our understanding this memo will meet the requirements for the power poles as it relates to our application for a Conditional I75e Permit to be reviewed by the Planning Canmiission and the City Council. Thank you. Ce: Rafferty, Rafferty and Tollefson • ~'d acF) C~ C~ C~ C M C M: [7 R A N Q U M TO: Tara M. Schwalm Otto, Otlu Assnclates FROM: Kent Exner, City Engineer ~: Southwest Minnesota Foundatiola BATE: March 7, 2005 We have reviewed the preliminary grading and utility plans for the Southwest Minnesota Foundation developmeak These plans were prepared by Otto Associates and received by the City on March 1, 2005. Listed below are some engineering issues that were discovered during our review: • Construction Details -Provide details per current City of Hutchinson Standard Drawings. • Utility Services -Account £or the location and removal of existing sanitary sewer and water services into the property from TJI 7 and 3'd Avenue SW, • Existing Storm Sewer -Note that the existing storm sewer within the easterly portion of tbe site ttwst be protected. • Proposed Storm Sewer -Display Standard Drawing No. 2621,11 for Dual-Wall HDPE Storm Sewer installation • Mtr~DOT Improvemrnts -Display proposed geometry and grading of TH 7/15 and 3'd Avtnue NW. • Potential Contaminated Soils -Due to a previous gas station within this site, the potential ofcontaminated soils should be explotred. ' • Drainage Calculations -The provided calculations are accepmble far the storm sewer aystemtpond cttrrernty proposed. Revised calculations should be submitted if the site grading is changed due to Mn/DOT's >7nal design of TH 15 and 3rd Avenue NW. • Flood Storage -Provide computations/calculations of the flood storage capacity. Please let me lmow if you have arty quespions regarding any of the issues discussed above. cc: John Rodeberg, Director of Public Wvrka Julie Wischnack, Diractor of Planning, Zoning & Building ~ r~) OM" ~Ti $~~ aF t Minnesota Department of Transportation Di$trit:t $ - Wi11maNMarshall/Flutehinson 2505 Transportation Road Willmar, MN 56201 March 8, 2005 Julie Wischnack, AICP Director of Planning, Zoning and Euildingt ; ~ t City of Hutchinson 4 111 Hassan Street Hutchinson, MN 55350 :; 111!9., , . P RE: Southwest Minnesota Foundatlon Addition Preliminary Plat Dear 7ulie: Office Tel: 320-231-5195 800-657-3792 Fax: 320-231-5168 www.dot.state.mn.us The Minnesota Department of Transportation (Mtt/DOT) reviewed the Southwest Minnesota Poundatioa Addition preliminary plat. Based upon our review, we otter the following comments: • Access tp the facility will be off of 3n° Avenue N.W. • Mn/DDT's construction project to widen State Highway 7 will need approximately 21' of right of way. Therefore, the building location on the revised site plan dated 2,16.05 is sufficient at 26'. • The city is advised to contact Geri Vick at 320.214.3776 to obtain a permit application befgre any work is performed along the state highway. Mn/DOT appreciates the opportunity to review and cottunent on any site development plans Or yani~a requests on properties adjacent to state highways. If you have any questions or concerns, please call roe at 320.214.3733. Thank you, Smoerely, ,~~'~c..re:. Patrick Weideataun Director of Plawtiag Mn/DOT District 8, Wulmar ~~y a: Geri Vick, Permits Dave Johustoa, Fltt[chinson Region Engineer An equal opportunity emplcyer ~ l ` J To; Julie Wishnack, Director Planning & Zoning • From: Mark Schnobrich, City Forester RE: South West Minnesota Preliminary Landscape Design T along with Sara Witte and Lawrence Winter reviewed the landscape design with .Architect Steve Iensen ott February 24, 2005 and made numerous suggestions in regards to specie selections and site lines and boulevard boarders. Due to the inability to confirnt the exact grades and street modifications that may or may not take place the recommendations we make are: - to follow the landscape design being proposed especially with respect to those plant materials that can be planted in areas not to be affected by future grade changes. - To allow for the mix of shade 4rees and conifers as purposed in the design plan - To remain flexible in respect to changes to the site plan which would allow for such additions as prairie grasses and other sites altet'~ations. It should be mentioned that we approved of the design to the extent of our ability to match the site requirements to the requirements of our landscape standards. As discussed with 1VIr. 7ensen we will work as closely as possible with Southwest • Foundation if chauges are made in the proposal, n U ~~> Southwest Minnesota Foundation . Conditional Use Permit Application January, Zoos Attachment for questions 1 and 19, combined answer ~:~, We anticipate that the im act of the e , l d buildin P P g project will be positive for the surrounding occupants, property owners, vehicular travelers, pedestrians, and nearby park users. The bui]ding itself will honor the view established by the City of Hutchinson Departrnent of Planning. The proposed"building should provide a welcome buffer to the river park from the highway intersection of highways 7 & 15. In addition, the southern portion of the site is intended tp provide a park-like setting wmpatible to the existing river park. The impact on traffic will be minimal as primary vehicular access will be from 3rd Avenue to the south of the site, rather than from highway 7 or highway 15. The parking accommodations will be based on a parking lot log kept by S WMF of current parking use, as has been suggested by the Hutchinson Planning Staff. Parking Lot Log for December, 2004 Date Cars 12/6 15 12/7 14 12/8 9 . 12/9 8 12/10 7 12/13 21 12/14 10 12/15 g ' 12/16 4 12/17 7 12x20 14 12/21 g 12/22 I1 12/23 Closed 12/24 Closed 12127 Closed 17!28 10 12129 10 12/30 7 12/31 Closed Southwest Minnesota Foundation does not typically experience seasonal variations. We expect these numbers to stay constant. - , , 1 i'1 1 ~. ':JJ 9cF) ~,~ ~.. RECENED MAR 1 8 2pp5 City of Wutchinson Dept of P. Z. S B. March 17, 2005 Dear Mr. Mayor and Hutchinson Council Members, I am waiting to you to state my position in regard to the reason for not voting for the Preliminary and Final Plat and the Conditional Use Permit submitted by The Southwest Minnesota Foundation. Please allow me to refxesh our memories of the first public view of the proposed building. It was front page in the Hutchinson Leader an Thursday, September 23, 2004. A drawing was included with that article. The reason it was published at that time was to announce the approval by the McLeod County Camxnissioners to approve supplying $3.95 million in revenue bonds fox land acgtusition and construction of the building. I have yet to find nut if the County Conunissioners are aware of the changes made to the building and site. • With the earlier building design in mind it was very difficult for me to make the change in the current design. Last month when the Minnesota Foundation came before the Planning Commission, it was tabled due to lack of information. I know Southwest MN Foundation and City Staff worked hard this past month to prepare for our meeting. I do appreciate their efforts. However, with the speed of the motion made by the Chairman, I believe it made it unclear what we were voting on, as I even asked. I feel we were given no real opportunity to discuss anything further. It was my intention to go on record stating the reason I was not in favor of the request: With that said I would like to do so at this time. First of all I am not in favor of the lot split for the following reason. I believe that whatever design used, the placement of the building should be moved as far west as possible allowing for open space for the corner of Hwy 7 and 15. This site line should belong to the ertijoyment of all the people and should be preserved at all costs. Secondly, I feel the design and the coloration of materials used is all wrong for the most premier corner of Hutchinson. In my opinion it does not blend into with any old or new architecture in Hutchinson. I do not feel the citizens of Hutchinson had enough time to preview the design and placement of the building prior to the Planrvng Coutmissions • Meeting on Tuesday, March 15. Tn my knowledge there was not been any ~r~) ire r L public or neighborhood meetings. Besides, there really is not a neighborhoo~,,lef that area, as most of the residents and business owners have bee~~ught out by MNDOT. All the residents of Hutchinson drive that axea. I think before approval by the City Council there needs to be axA effort made to inform the citizens of Hutchinson what this premier corner is going to look like and to get their consensus. We need to make an effort to bring it to the people. Thank you for your time and careful consideration. Respec y, [~'~~~ Lynn tteson Hutchinson Plannin~a Comtnissioner Citizen of Hutchinson • 9, ,. ('#~) 9r~) n.,,..... w u ,~,~, ~. fashion shmv mttdlscYed by rile HuA3rinsarl Event Ceriterl EX1AA!]B ~tb+orrner Hufdr[tcsare High $chaolstrrrlents from $Q;'cY1r5 ago revisit file ctfy' /HEWS 3A Thurstfay,SeptemheY23,2004 Itrlxxvu+zuoawsn~tvxnorrsi#srrta+-nnurN~,asse~xcenss~ax,sgxarr~u.xex~tirrxxtir+orHw+oEarsss +~,v,~,.m,[[hiisson~eadercom 75s Financing OK'd for new foundation building. Proposed SozlthwestMnnesota Fo~er:datio-1 building aims to make services more ale Il I®11 SMOIAISl $raJf aurrtn The Sautlmxat b7innnota taun- dalWnh move to dte coma of State Hi~ways 7 and 15 in f3u[dthtann wgl SnaQy heoome a rmllty not Y~• h4ciead Cauary com^•Ri••••••.• Bedded 'Neaday to approve sup plying f3.% million in xerenue bonds fot Isnd aequiaitlonaad oon- artuW.on of a 14,000 agmte-foot admmistrat[ve bnllding for the rwmp¢a8t organivdoa Fotndation Pmidmt Sherry Pis- tau said the nnrhratfan>~ crratr madmum vts~ty for the o~gan{- moon. which ptvMdea Banta and loans, as wry as othgremwas, for Sea BUQDIlI&~4A \~ aV nucr rose Omar SoutlnKSt ]Y9titiesoh Foanda• don's trees ofliees, whleh wig serve 18 eolatties, will 6e at the m~ siaamaewrx ~b~! plans t6r the new Sotdhteest Mhrlesota Foundation hndgaarters tall for atwo-sloiy Mrit~q wiM 1 senile vE7e overWaYYp the Gvw Wrv This rkw stows haw the hdldng wAl Yad Mehl Street . QA Hutchinson Leader Thursday, Septemher 27. 2D04 • Building/ Bonds are tar-free for foundation r Conrinued from page !A u i f .~. ~ Imprwcment protects to cqm• munities and businesaea "Highways 7 and IS serve as gateways to the southwest Min- nesota region and they arc a gate• way m Hutchinson," she said. "It wip make us mare aceesal6le m people. They rant miss ua." Another reason for the mwe, according m Rietau, is because tlta foundation has outgrown the current space it leases on the sec- ond Roar of the Citizens Bank Buliding on State Highway IS South. Arid foundation leaden wanted tq build a permanent riser for the organlratlon. 'We have been aucceasfW ht recent years and we are anticlpat• ins future grovnh," she Bald. "We are one of six inidatlve founde- done in [he state and Pour of them already have rhelrown huiltdttgp." Prellminary plena for the pro- posed two•a[ary atmcmre incude a conference roam, which wlfl be [Wade avellable to other commu- nlry organixadone, a geraga aaeo oud-Boor deck and large wln- dowa overlonking rho Gow River. slnte County 8oettl member agreed to finance the project. Rfa- rau said ronetmcdon wifl begin early next year. PinanClsl advisor Rill Fahey of Northland Secudfiea add the revenue bonds must flnt be sold to buyers before dre proJ• ea tan gn under way Cdrrent occupant of the State Highways 7 and 15 corner tat, Dale's Auty sales, wifl vacate the property. It will move to 26-acres o(lend pur- chased for the budneaa, across Prom the DNR office along State Highway 7 West. Plana for that property include black-tapping and remodeling. The faundaton will batons official owners of the dealership property Jan. 1, 20(15. Though the foundaton could pry [or the land purchue and conatmctlon on its awn .-- it has about 539 million in assets - COmmladoner Melvin Dose add the mein reason the orgard:ation la looking 10 die County tq i6aRe bonds for the project ie 6ernuse they are tax-exempt Rlstau also said it u a good invesunent that wvnY rake avny kom money the fvundatlan uses tv finantt cam- munityprojects. i1 twnprofit entity doeanY have the authority ro issue bands but the county does," Pahey said. -17te county u serving as a con- duit For die foundation-" The county can kaue up to Sld mllflan ht tax-exempt bonds each yeas Fahey said the flnanting aI dte faundetlonh protect xNl not asst[ the county in issuing other bonds tw de61 such ea jed bonds qr ditch Gonda. Commissioner Sheldon Niel also pointed out rhef the county h not required to P%Y if the proJea Pella end it wvnY afl~ect bands N 2W5. "The whole th{ng rould go under and the county wont 6e liable: Paheywd Mcleod County Attorney Mike lunge. who reviewed the [surds- . donY request end commented qn tts legality, said the iaeuance of the Garde G esaentWly a moAgege for the 6udtiing The 6ondttdden wRi .look tq the fvundatlon far repayment. I'm satisfied that the purPtae ofthe proposal is appropriate end it flq under dre category oI eco- nomic develgpmenC Iwhich is mmedtlng the county can bond ~d: lungs add. Rlatau add the foundadon wIfl 6a precendng Brat plena for the. •proJett to the County Roetd at a later time after the Gonda have been sold. Paheysaid that proeeae wIR take about six ro eight weeks, 'The. project la~~exJSectted to 6e~ ,cpmpleted near the end of. nerd .~~.>~~ ~~~) Request for Proposals City of Hutchinson Job Evacuation and Compensation System March 2005 PROJECT The City of Hutchinson is soliciting proposals for professional services for the review and implementation of a job evaluation and compensation system that meets all Federal and State Compensation Standards. PROJECT BACKGROUND •9j` `i The City of Hutchinson currently has in place a job evaluation and compensation system implemented in 2000. The Stanton Group developed the compensation plan. The plan has since been amended for various position additions and reclassifications. Cun•ently the City of Hutchinson has approximately 8D job classes. To date there are 110 full time employees and 32 regular part time employees. There are no labor unions in existence within the City of Hutchinson. Since the adoption afthe current plan in 2000, there have been several changes in position classifications and new positions added. It is proposed that the City will continue to utilize the current Stanton Group method for establishing new positions within the.compensation system as well as determining the validity of requests for position reclassifications within the plan. SCOPE OF WORK . 1. Provide professional services with integrative support services to review the current job evaluation and compensation system and to implement, a compensation system that includes the following: a. Review of current position classifications with recommendations for necessary revisions. b. Review of internal pay equity status and recommendations for necessary revisions. c. Provision of a wage/labor survey and analysis to revise the pay structure as needed to assure external equity and meeting State Pay Equity Compensation Standards. d. Review of the performance based component of the current compensation system. e. Past contract services involving review of new job descriptions and determination of points and salary for new positions, and assistance with the first State Pay Equity report following compensation review to assure compliance. 1: Provision of recommendations on a system for determining the validity for requests for reclassification and/or compensation changes. g. Review of the exempt and non-exempt status for each position. h. Frovision of training, as necessary, to employees and supervisors, to assure that the implementation and maintenance of the plan are accomplished. 2. Establish schedules for each of the above proposed developments. 3. Present findings and recommendations, including written and oral reports, at various meetings, including employee meetings and City Council meetings. r1 z ~(~ 4. Propose contract terms, including an itemized fee schedule for work included in the scope of . work and a payment plan, based upon measurable contract milestones. CONSULTANT SUBMITTAL The proposal shall contain the following information: 1. Personnel tp be assigned to the project ~d ~~ies of their resumes, 2. Information stating the Firm's approach to the review of the compensation system for the City of Hutchinson. Include information on how the Finn will handle each aspect identified under the above "Scope of Work". 3. Identify a tentative time schedule for the development and implementation of the project. 4. The proposal should clearly define the proposed fees and the scope of services the consultant intends to provide during each of the following specific project components: a. Review of Position ClassiFications/Rankings/Grades/Exempt orNon-exempt Status b. Wage/Labgr Benchmarks /Wage Survey and recommendations for adjustments c. Recommendations regarding the continuation or elimination of the performance based component of the plan (exceptional service pay), and possible alternatives. Recommendation(s) should include an overview of plans that other municipalities have in place. d. Post contract services. e. Preparation of final documents of the plan, inc]uding guidelines for plan implementation and administration, such as how the plan is adjusted for cost of living and any modifications as to how employees advance through the ranges, and other pertinent information. Written and computerized data as appropriate, must be submitted. The proposal shall clearly define additional services and/or reimbursable costs not included in the basic fee, including hourly rates or fees for post contract services. Proposals may not exceed 2p pages, including promotional materials. Proposals shall include a "not to exceed" lump sum fee projection. 5. Identify cost estimates for all aspects of the compensation system study, along with potential areas the City of Hutchinson staff can provide assistance, which may result in cost savings to the City, 6. Provide references of municipalities in the State of Minnesota who have implemented and are currently utilizing the compensation system being proposed. Include the name and phone number of the contact person at each municipality, as well as a description of the services performed, implementation date, and the names of the personnel from the Firm who worked on the project in each of the municipalities. PIiO.IECT COMPLETION It is the intent of the City to provide as much support and assistance to the consultant to assure . that the project is completed by June 30, 20t)5. ~ ~~ OTHER 1. Questions regarding this Request for Proposal should be directed to: Gary D. Plotz a .City Administrator .~~{ tty of Hutchinson '11 'assan Street Southeast Hutchinson, Minnesota 55350 Telephone: (320)587-5151 1 r Y FAX: (320)234-4240 2. The City of Hutchinson reserves the right to reject any and or all proposals for any, or no reason, and furthermore reserves the right to accept any proposal deemed to be in the best interest of the City. 3. Fifteen (15) copies of the proposal are to be submitted by 4:00 p.m. on Wednesday, Apri120, 2005, to Mr. Plotz at the above address. 4. Finalists may be requested to make a presentation to an employee committee and/or City Council/employee sub-oommittee for evaluation. -.~J 9 nI\ 1 l~ 1 y RESOLUTION NO. t ~Fnn • RESOLUTION OF APPLICATION TO MINNESOTA PUBLIC FACILTIES AUTIIORITY FOR DRINKING WATER REVOLVING FUND $E IT RE9DLVEA that the Ciry of Hutchinson is hereby applying to the Minnesota Public Facilities Authority for a loan from the Drinking Water Revolving Fund for improvements to its drinking water system as described in the loan application. BE iT FURTIIER RESOLVED that the City of Hutchinson estimates the loan amount to be 515,000,000 or the as-bid cost of the project. Bfr IT FURTHER RESOLVED that the Ciry of Hutchinson hereby expresses its official intent to use proceeds of this loan to reimburse construction expenditures made prior to the issuance of its general obligation bond to the Public Facilities Authority. BE IT FURTHER RESOLVED that the City of Hutchinson hes the legal authority to apply for the loan, and the financial, technical, and managerial capacity to repay the loan and ensure proper construction, operation and maintenance of the project for its design life. I CERTIFY THAT the above resolution was adopted 6y the Hutchinson City Council this 22"d day of March 2005. Steven ~J, Cook Mayor ATTEST: Gary D. Plotz Ciry Administrator L. J ~~h) MEMO TO: Mayer & City Council FROM: Marc A. Sebora, City Attorney 1]A'1'E: March 18, 2005 SUR,IECT: Conveyance ol'Railroad Property to Southwest Minnesota foundation Attached and scheduled far action by the City Council at its March 22, 2005, meeting is the purchase agreement for the sale ol'the former railroad property chat the City now owns on 3`d Avenue SW adjacent to the former Dule's Auto property, new owned by the Southwest Minnesota Foundation. "This is a standard purchase agreement that would provide for the transfer of the property to the Southwest Mimtesota houndation upon two readings and publication of the ordinance authorizing the conveyance to the Southwest Minnesota houndation as required by the Iutchinson City ('harter. • The most significant portion of the purchase agreement is as was discussed during the closed portion of the March 8, 2005, City Council meeting, namely the tertns of the agreement. Please recall that the parcel of laud will be conveyed to the Southwest Minnesota Foundation at no initial cost to the Foundation. However, the Foundation will be obligated to actually construct and occupy a building on its land at the junction of Flwy 7 Rc Hwy 15 in Hutchinson and, if at any time in the future, a portion of the land is conveyed to a third party, the Southwest Minnesota Foundation will pay the City of Hutchinson a sum of $40,000. The requirement to pay the City $40,000 will not be triggered by any sales or takings because ol'highway or other road construction projects affecting the foundation's land. if you have questions conecrning this, I'd be happy to address them al the City Council meeting. 1 would recommend approval of this purchase agreement and the ordinance conveying the land to the Southwest Minnesota foundation. "Thank you 1br your consideration. ~ ~~ VACANT LUT PURCHASE AGREEMENT Panics. This Purchase Agrcemem is made on March 23, 2005, 6y aM bmxm the Ciry oP Huchinaon, a Mimruom municipal earporetion, Grantor, and the Souhwest Minnesota Foundation, Grantee. OE'er/AccenJ,ppse. Grantee offers to accept and Grantor agrees to Convey real propetTy in the Ciry of Hutchinson, McLeod Cnunry, Minnesota, a9 indicated by the legal description described hereto: That ppan of Lots I, 2r 3, 4, 5, 6, 7 and 6, all in block 21, NORTH HALF OF HUTCHiN5ON, eccordmg tv the recorded plat and that part o(ihe Nanh 16.50 feet of Fourth Sireer (now known as Third Avenue NW) as vacated b~ rcsaWtion passed end adopted by the City Council of the City of Hutchinson on the la day of Ottobrr, 1915, 1 ing southerly o£ a line drawn parallel with and g.50 feet northerly, measured at right angles, from the centerline of the main track of the former Burlinggton Nonhem Inc, as said track was located on Febmary 12, 1991, and lying westerly o(lhe east line of said 4ot 1 and its southerly prolongation end lying easterly of the east line of the West 20.00 feet of said Lot B and i[s'southerly prolangetion. price end Tercny This property will be initially conveyed at nv epst to Gramee under the following tanditions: 1) Char at any time a portion of the lend owned 6y Southwest Minnesota Foundation, which is eonuined in the plat which has been presented to the City known as SWMF Addition, is sold or wnsfcrred, Char the Southwest Minnesota Foundation will pay the City the sum of S4D,D00.0p. Any conveyances to the State of Minnesota or ocher entities due to read conawaion and related activities would not nigger this wndition, end 2) that the Southwest Minnesota Foundation eemally construct acrd occupy a building an the site at the interxmion of Hwy 7 & Hwy I S in the City of Hutchinson. [)r„`. At closing, 6mmar shall execute acrd deliver a Quit Claim bead convoying titk of record, subject to building and zoning Taws, ordinances, stare and fedemi mguktions, exceptions to title which eonstitule eneumbrurces, restrictions or easements of record. [Snake our ~ne:j GRANTpR SHALL PAY on bale of Cloying all inatellmcnts aF special assessments certified For payment with the real estate taxes due and payable in the year of closing, [Strike out ont:! GRANTOR SHALL PAY GN DATE OF CLOSING all other special assessments levied as of the date of this Purchase Agreement. . (Srr(ke out one:) 4iq.4?1TE5-53iA66-Aggyp4Fs1 GRANTOR SHALL PApVIUE FOR PAYMENT OP special assessments pending as of the dam of this Purchase Agreement Tar improvmlems Cher have bttn ordered by the Ciry Courrcil or other govemmemal assessing authorities. (Grantor's provision for payment shall be 6y payment into escrow of 1 • times the estimated amount of the asaesamenta.) As of the date of tNla Purchase Agreement, Grenlor represents that Gmmor has na received a Notice of Hearing of a new public improvement project from any govemmental assessing authariry, the coats oP which project may be aesessed against the proptrly. If a special asseaamenr becomes pending aRer the dare of this Purchase Agreement end before the Data of Closing, Grantee may, et Grantee's option: A. Asaunre payment aline pending special assessment without adjustment to the purchase prico ofihe praperry; or, B. Require Grantor to pay me pending special assessment (or escrow for payment oFaame ea provided above) end Grantee shall pay a eommensurete inercaac in the ptacheee price of Cho property, which inereau shall 6c the same as the estimated amount of the assessment or, - C. Declare this Purchase Agreement null and void by notice'o Grenror, and any eamest money shall 6e refunded ro Grsnke. [Strike our one.) 6RAN7pR SHALL PAY ON DATE OF C4O3RVG any deferred real estate texas (including "Green Atres" taxes under MINN, STAT. §277. LI 1) or special aaaessmenta payment aT which is required as a result oFihe closing of Ihia sale. Grantee shall pay real estate taxes due qnd payable in the year following closing end thereafter and any unpaid special aaaeaaments payable therewith and ihereaRer, me payment of which is not otherwise provided herein. Grentar makes nv rcprcsentarion concerning the amount of future rcai eatue texts or of Future special assesmenta. bameaes to ILd Provertv. If the rest property is aubstenlially damaged prior to closing, this Purohase Agreement shall terminate and the eamest money aheli 6e refunded to Grantee. If the real property is damaged materially but leas then suhstantially prior fo closing, Grantee may rescind Chia Purthaae Agreement by notice la Grantor within twenty-one (21) days after Grantor notifine Grantee of such damage, during which 21-day period Grantee may inspect the reel property, and in the event of aueh rcciasion, the eamest money shall be refirrded m Grantee. re r' and c s R ' n W Grantor wemnta chat buildings vn adjoining real property, if any, ere entirely outside aPrhe boundary lines of the property. Grantor warrants that them is a right of acceu ro the real property Pram a public right o{ way. Grantor warrants that there hea been rm labor or material furnished tv the property for which payment has not been made. Grantor wamenta that theta arc no present vivlarians of any restrictions relating to the use or improvement of the property. These warrentie6 . shall survive the delivery oFthe Deed or Contract far Deed. Condition q[,~,gtxrrv_ A. Gmnrvr shill remove all debris and all personal property nor included in this Sala 4otn qc,) x C. Grantor does nor know if there is an a6andaned individual sewage treatmem system an the property. D. Grantor knows that there (strike odeJ are /are no a6andaned individual sewage treatment • systems an the property. If Grantor discloses the exi9lente of an abandoned individual sewage treatment system on the ~ properly, then Minnesota law requires that the location of the system be disclosed to Gmntte with a map. fAUgch Grunrois biscrosure of Cndivlduo! Sewggt Treatment .Tysnm with mop comp7aredJ UTILITIES: GRANTOR'S UTILITIES REPRESENTATIONS AND GRANTEE'S CONTINGENCY. Grantor represents that: (Grantor: select qne answer fpr each utility; if yob ore uncereglp, select "rnighr not be. " J ^k N)tlp ~).~.. • city sewer:. (~ is (~ is sal (aJ might rKK b<available m the prpKm' mmugh a rervitt stub r the publle ngao-oamy bpnta{e line; • city wrier: U is (-~ is not Ix) migM1l npl be warlabk a the prepeny Ihreugh • service rwb a are public nthuabmy aom.ae line; • decaicilY: U is 4 is na [x) might r,pl be rveilabk ro the pmaem' through a service nub el We public nghtanway rmntage line, • narurd tsa: U is (~ it na (x) might not be rvalleblr ro the prpperty through a smite rNb al a. public nNraf-say frmlage tin; • ¢Icphpne: U s IJ is npt 1x1 might n0 he wailrbk w trc property Ihrouaa r rervice sNb u We public rights)-wq tromage Ime; [CHECK ETHER (q pR (1)J Lz, (1) Grantee is Nat Relying an Grantors Represemetivns. The price a(fercd by Gmmee in this Purchase Agreement d rn re reliance rc r i n e rant as to the location ar availability of wilitiea. Grantee's obligation to close under this Purchase Agreemem is contingent upon Grantee obtaining, at Grantee's expense, verification that utilities can be provided tv the properly at costa which ere reasonable for Grantee. This contingency shall be satisfied by April I5, IOpS,or be deemed waived. NOTE: Unless the following costs and charges have been assessed agsinst the property prior to the date of Ibis Purchase Agreement by the governmental unit havingjurisdidion land thercfarc already covered by the provisions far payment of special assessments), Grantee shall assume the payment of municipal charges for development on, tanstruction on, or improvement of the property related to access fees, connection fees and "hook up" fees for connections to sewer, water, and other utilities. [~) (2) Granted is Relying on Grantor's AlTumative Represemativm, The price offered by Grantee in thin Purchase Agreement relkets that ee is reI ' r 've the[ the ulllitles ' are available as indicated by Grantor above, Grantee's obligation tv close under this Purchase Agreement la totningent upon Grantee verilying, et Grantee's expense, without disturbing any soil, that utilities arc available as represented by Grantor, Grantee's good faith investigation to satisfy this contingency is limited tv: (i) physical inspection of the property; (ii) inspection oC available, local public records; oq (iii) utilization of Gopher State One Cel I [Metro 612-064-0002; Oulatate !-Hop-232.1166]. Grantee's Investigation shall be tampleted by (dare) or this contingency shall be deemed waived. Grantee's Investigation. (tFtek the fol7owlag cMSditivng7 atottmtnls thm gppfy ro this Pxrchuar Agreemrnr: J [x) If Orantea's investigation shows that the utilities are not available es represented above by Grantor- or, (~] if the utllitiee are not in the locations as represented above by Grantor; or, (~ if the utilities cannot be located without disturbing the soil; and if Grantee chooses not to waive this coningency, lheo Grantee shall notify Grantor of Iheae circumstances, and, have the right to terminate this purchase agreement without any further obligation to consummtue this transaction. If any of the contingencies has not been setis4ed or waived 6y Grantee on M 6efarc the respective performance dates, thu Purchase Agreement may be terminated at Grenrce's option, which option must 6e exercised by notice Iv Graplvr within Five days after the respective performan[e date, but not later than one day before the bate of Closing, and the Gamest money shall be prompdy refunded to Grantee upon Grantee's exercise of the option to declare this purchase Agreement null and void. 9ah Grantee errd Grantor shall cooperate end make all reasonable e(fpna to anempt to remove the contingencies by the respective performance dales. CI°einp'~~ Closing shall be some mutually agreeable location. At closing, Grantor. and Grantee shall disclose their Social Security Numbers ar Federal Tax Idantificativn Numbers far the purposes of completing state end federal tax farms. GRANTOR GRANTEE Board of Directors Steven W. Cook, Mayor Southwest Minnesota Foundation City of Hutchinson Sherry Ristau, President Gary D. Plotz, City Administrator Southwest Minnesota Foundation City of Hutchinson )i '" .d~ 9(;) M.5.8.A. Real Property Fonn Np. $ (1997) r 1 LJ r T r r w n 11 u M 1 It n 11 11 n w q w u u n ADDENDUM TO PURCHASE AGREEMENT: WETLANDS, SHORELAND ANp FLOOD PLAIN DISCLOSURE, ®cwnaM tart. y wl,wnw s,.. eve a..od.ran ta,.w.~ a....... IU.. wAn 9,la,a,ou Su"drd Resawa,i P,. nrn... Agrinya- N,RB./~ lrr8, 1w7.1 . This edderbum fs a conbnuation pf the Purcnatla AgreemerN dated March 29 2006 by and between the Ci of Hutchingon, a Minnaspte munici lop radon as Sellers, and the Southwest Mlnnasola Foundetbn ea Buyers, fa property btated et or descdbad as: That pan d Leta t, 2, 3, 4, 6, e, 7 and a, ell in Blogr 27, NORTH HALF OF MIITCHINSON, eccordirrg to rho racprdad plat, and dMl part of the Noah 16.611 }eat of Fourth Saeat (npW Known aE Third Avenue NW) ea vapaletl by roeolutbn paslad and etlppled by the Cily Council 01 d19 City d Hulchlrrapn pn dre 14th day of October, 7975, lying aoudrany d a IIM drawn parallel with end 6.601eet nortnady, measured at fight angles, Imm the centerline of iha mein track d eta Iwmer Burknpbn Northam InO. as Eaie track was loratad an February 12, 1997, and tylrg wastBlly d vra aaq IirM d Eeid Lot 7 and Ile Eoutherty pr0lpngelion and lying eaetBrty OI ill seal line at the West 29.ap feet d aab Ld 8 end Ile Eo,dheny pmkingauon. PRECAUTION TO BUYERS: Minnesota law and local ordinatrces restrict the ability to build or to rebuild improvements within 8aod plains, shorelands, and wetlands. Those restrictions affect homes, garages, outbuildings, wells, and individual on-site Sewage treatment systems- You should not excavate In a wetland, fill a wetland or drain e wetland until you have received the proper permits from the local governmental agencks having jurisdiction aver the wetlands. If you are purchasing property which has existing improvements constructed within flood plains, shorelands, yr wetlands, the improvements might be "nonconforming" under the law. In other walls, you might not be allowed to rebuild the home in the event of a fire or windstorm, and you might not be allowed to rebuild the individuei on-site sewage treatment system if rt fails. If you are purchasing a home which i6 in a hood plain, you will likely be required by your mortgage lender to purchase Nood insurance. Your vests for flood Insurence over the life of the. mortgage might exceed S2g,Ogg. Fa the purposes d this Purchase Agreamen4 Wadanel, Shorelend, end Flood Plalrt an a.mad as lollowl: Fbod Wain, The term "kopd plain" means firs area adjoining a water course whbh has been a hanaflar might ae covered by me regional Rood which recrrra once In 10b yy~eers, as deArrad ~bY MINN. $TAT. §703F.111 am try MINN. RULE6, Pan 612D.5000. Trra boundary d are 10o-Yex Fbod Pram sties ire dataminad by rNarmrce a the Flood Insurance Rate Maps promulgated by are Federal Emergency ManngamaM Agency for the Nauonel Flood Inwrarrce Program or by rebrertca to Minnesota l]eparoned d Nawral Resources aoad plain ekvatbn dale. 5horeland. The term 'ahoreland" has the meaning given to N by MINK, STAT. §103F.2(15, Subd. 4, u IoNOws: "$hvrelend" means land mcalad within me Ipllowing distances horn the ordinary high walar alavalbn o/ publk welerE: (1) land wNhln 1,~) feel /rpm fire normal high warennerk d e lake, pond, p Ibwaga; and, (j) lane widrln 3gp lael d a river w sveam pr the landward side d a lwpd pram da9neatad by ordinance an the rWa or waam, whichewpr f9 graaler. Wetlands. The farm "wetlaMs" has lna mearirrg gNen k w by the Mmrtesaa Wellanes Cprteervemn Arz or 1991, (1991 Minn. Sass. Law Serv. (West?, Cheplar 354, as amended ham dine to sine, cpexiee es Mlxx, STAT. §103G.005, Subd. 19(e), es follows: ~IYellends means brads tramkbnal betWaen IarrellrW one aquatic systems where the water table Is usually al ar hoer the sudece p lha land n cowarred by a11aNDw water. FM purposes d Ihll Oafinili0n, weapnds mull have ill Iplbwklg tlxee aarWplal: (1) rows a predpminanca d nyeric sills; (~ are Irwndated or aataralee by EudaoB or ground Water N 8 fraqusncy ell euretlOn ErrRclarx Iq support a pravalerx:e of nydrophytk vagetntion ryplralry adapted Ipr Mle in saturated soB randxxns; and (3) uneer rwrmai chcumatancaa support a prevalence W such vagMetlon. ~c,) M.5.8.A. Rsal Properly Form No. 8 (1997) CJ r ~ L J 11 u 1. n rs rs p 1 /r q n 1i s u K M r N sl rs n n teo 101 /ri 1~ Iw 1q Ip 1~ Ip 1~ ns n m lu nr 111 m 11 ilr Ip 111 ut 111 w 1l1 m In m lu 110 m tll m 11{ PRECAl1TION TO SELLERS: IT you d0 not understand the definitions above, Or the disclosures below, or the significance of the "Seller's Representations" below, you should consult with your lawyer before completing this form. Seller's Representations. Jcheck as slatemelds drat ppply:J a. Flood r~PI77ANI. Selhr represents slat rI__I 1. ale reel preparly I3 not n s aootl pen; 2. ail a parl e! me real poperty ly In a Pond phin, but none o/ ore Impravemeras, ncluding ell bulltlings, P10 wep, arld ale IrMlvitluel en-sXa sewage trasvlrera system is in tl1e hood pan er M eny sraallek Rem a Pond pain; 3. Seller does not knew N any al me Mnpovranents a me itN prapNry Is n • Hood pan ar .~ nsurence arse', as defined 6y finerei bw. b. ShOreland. Seller represents elst U 1. me real prepwly Is not n e enorolerrtC r u 2, all w pert m ma root propaty Is In a saarelane, bur no,la v! rho nlprownwma, XlcNlding eX bulldrgs, 0,8 war, and tll6 MwNltluel enyl(a sewapa kuimwll system is n arty setback rrxewl e shoreWltl; r ' L-1 3. Satyr dws Iw krlwr N eny W pia Impowrrwma or the reel popery h n e sllaMane. c. Weuan da . S.Xar r.pr.s.nn nlet ~ 7 I__I ,. me reel pepeb' Xy.a rwt tartan wMlenes; r u 2. pert of ire rod property rmrllene wellenee. AIa aN of eta hllprovameras, MlcMldkg eX 6rildNlge, uw well, em Im nrsvwsel al•siw sewepe Reearent sysum era net X1 ale wemnds or M any rr '' selbeek Item rho atlas W a weauq; l...l 3. Seller tloea net Nnow M ale reel property Xes wetlands G M arty M Via MprovwnNln h located n weWntls. d. ConlOrming ! NonoanTorming ImgrOVementa. k Seger rlas dstbsad M presence a/ rood phkl, dlueleiq, ar weue-n~es-~~an orreR1eNng Ire properly, Satyr Rather tllsebsas mrd $eeu JFks>~L.~f~ was u has r1ol reeewad noike hom eny gowrmneMnl unit IntllteiXg met any a ol. improvements h nollcanlenniny antler currem law. Salhr rrlekas rm represeraetlon smut Aalaa eMrgas n 4ws wMth miyhi render tlw properly q Pia Nllpwrallerlts 'ndlWraarlldrlp,' Food plain, smrelenq snd wagands areas aro es Ylovrn an me map, drewnq ar 3eaM1 aaMlad as m aahl6lt. /Attach draxyng.J JSELECT EITHER (IJ OR (2J, BUT NOT BDTH, BYCHECXING THE BOX ANp BY PLACING YOUR /NRTALS WHER£ 1NDICATEO:J U(1) Boyar fa Nol ~Relyllg on Seller's Represenullom. Tm prke onerap py Buys M1 ws Purdiel. APrealreM w ro eta IecMlon a prasallw of wetlentls, ibee peen, or ahorelentl. Buyer's ubPgalbn W dow uMer Ws Purchase AgraemaM h ceraXl9ert uppn Boyar a6talning el Buyers expanse, veralcetlon met all or put N ale r3M prgwq, a1X tvmantly eshog Improvempln a Inlanded haute impravamues are unaaaclad 6y ale presence of weuentla, need pain, ar shorelentl, TMs ConiNlaellcy eheN m eausnaa RY JdafeJ a m Owned waived. If ale condngplty h waived by Buyer ale prasarlu of wetlentls, shorelerM, or alletl pen, X any, yMll da deemed ecrsptede Ie BuyN. ll buyers nvesll9Mld1 rowels wadarld. sllorahlld, a hood phn corldXiona met are unsenaraaory for Buyer's purposes. reran Buyer may ahq y lelllllrlete Ws Plaehsse Agreement slid recent a Ilw relpne tN ae aanrep money "(1), Buyer IS Nat Relying an Seller's Representations," 4 accepted as a term p11f11a Purchaaa Agreem(a1L INITIALS: Saasla Boyars you rlvrnAL (rJ HERe, p0 NDTrmrxaL (zJ, BEtow. ~c,) M.$.B.A. Real property Farm Na. 8 (1997) r~ • NS Nl IN n/ IN ul ua ut 1N 1N lu IN rN br Iw ul ua 1n ua n 111 m lu ul Iw ut lu IN IN 1N rN Itl rN w 110 nl 1M n/ 113 Irl n3 /h In m /N Nr /N NI 1N rN to m IN N IM m nr m ru Ix IN [ ](4) Buyer Is Relyirg on Seller's ARrmative Representations. Tfl. pica oneretl M ~ M, iMa Purchase Agrecmenl reams Isar met ~ y~ a~ impravamems are alraded 6y the pregonca of weuarMS, nood vialq w snoralantl pvy as Indlcatmi q Salur soave, Buyer's obllgeden Ie close antler mi3 Purchase Agreement I3 cmdrrgent rpm Buyer vadlyag, n Buyer's experwa, Ihet wenentl3, aood pain, or SharNand are es repreeenlad q SeNer. Bryer's InhsggMlon b satisfy mis conrirrganry Is dmlNd b any wrtrolneuerv of iha Ialawlrg: (Q pryskal Inspacllan n Ina propeiq; III) Inspanlm n avelleoy, bcal punk records: OIQ survey', a, (w) wdeen detaminetlen by do loch govammenml unit hevlrg Juri3dkdan war arty wnlands, Oaotl pleM. ar sharalarM. Buye~3 Nw3dgadon sheN 6e completatl q the Inar a /deadline date/ ar 19 oeya ener Wyar's recdp a wrxten dnerminedon ey qre Ixel gwernmengl ma nevWg Junsdkdon aver any wetlarvlb. Ooad peM, a shareland or this caningerrcy saga tie tleemed wawad ~.~~ )T. Ir Buyer's Inwt3tl[)ellon reveele p waaarW, sharelentl, or agod plain srp snows ins{ e. wellarlda, 1WOtl pain, or ahorelentl are neA as represmleo ebpva q Snler; a, 6. existing imprwemenLS an rwncoMomdng under current wauentle, Mao paM, a srrwnend ergWarbns; a, c. future Imprevemervu umot m cmwl.pvd as penrretl urMer watlsrrds, aaatl regulaMrvs; or, ~~ a ~~~ e. a mongege caarrot be paten wlmpa v6tslning nootl WSelarrca; then. at lean 10 tleys galore Ina Data DI ~bsirg w whin 10 days aAer cmpbMn a Buyer's Mvesdgeadr, wnknever K later, Buyer sneN natty Seller a draw cycumstanuea, ono, pdw m closlrg, Buyer may, n Buye/s option, elelt me a mwe a ins sdupans n (t), (2), end (3), ar &ryer may eNa (q; (s0lke oaf sny al fns /oXowing lnaf are rrof appropflarel (1) Oiler to reduce th price of Ina property to a value met reMcts ore preserrca a watlards, sfxxaland. a seed pain enNw me nerrconlamdng steno a axntNp Nrpererrrenti; q, (2) In do case a rrarrcanfmrdrg staWS ror exktirrg ImprovenraliN, accept ore peparty p eta siaNd pke paNtletl reNar can aneln a recarda6le, rwmevaceeb xvrllrry carldkase ar ay funrAlanel egriraba han Ina Weal gavemmerNel unM Mr4rq JWsAcilon ever any wagands, hood pain, a shoreland IrMketlng met ore Impwemmle may Da rawsbucletl n spy Nlra tludng tiro treat 3D yeer3 M rho even of perual G fatal desDleuen earn arty wsa arrd diet dray may m recanwlxletl el areY prasea size, Weeaen OM ahrvatlm; a, (3) In the case er a aoco pain, N Mad Insurerxx Mr eveWtda, Door m ementl tiro PlatiNM Agrnmem m reduce tlw prka oy iM pasea value a Mal Nlwrance prmrams, wen pinnN "repecenrent cast' engorssmant, peltl ever 3 30year pedm m d,r a,N relue d tree ImprovemenN (present value rakuleilm m use tiro FMaran nN cueaay polo m sNrrpa SaWrys accaunn a! Nwwen Beni MlrvrNwN, N.A.) a aecap $aaer's Q.ymmt et CWSMg of a single. 30ynr aaatl Msurervea pemNxn, wen etxr.rN 'repucernerx coN arrdorsenrerrC m H) TemNneN Ws Purcnese AgrparrrerN arw raeewe a hM reaaq a or oamnl morNy, N torten wsa, Seller enea raMnnrcse Buyer for nl expenses IrrearrW Dy Boyar prrsrwd W Ilea PNdNaa Agreement, Inclutling Drn nq Grrnetl m en expamas Incurretl Mr elNmpdrp b satiety any a Buyer's coNlrgarrcles antl for aN expenses a eurvay and Byer eneN eesiprv tip aplMS M antl m aN'Mww7 m SeM3r~ "(~, Boyar IS Relying on Seller's Affirmadve Representations," is attapuid ea A term of tltia Purchase Agreement. INITIALS: SNlers Buyrs l!F 1'OU lN1T1AL (IJ HERE 00 NOTlN1TlAL (yJ, ABOVE. / This Atltlendun Is Dg11e1W conlampwenegwly wah nre slgWrp a dw Purcnaae AryaNlrarN. INITIALS: seaeq gprq ~c,) M.S.B.A. Real Property Form Nv. 8 (1987) r9ddC,Df)AIpL(¢PL[[I1ASe Agreament:.Weclands. Shorelan~nd Flood Plsin Dlsclvsurr PAGE 9 C~ C~ SKETCH OR DRAWING OF PROPERTY, SHOWING LOCATION OF FLODD PLAIµ SHOREUIND, OR WETLANDS; [ ~ApPq.wpd) PnnNd Mry b, Taa)('lA1AMj ,,~,~ • ORDINANCE NO. OS-0401 PUBLICATION NO. -"-__ AN ORDINANCI OF'1'HL CITY OP IIUTCIIINSON, MINNESOTA, AUTHORI/.INU THF. 9ALF, OF MUNICIPALLY OWNLll RLAL PROPERTY TIIE CITY OF IIUTCIIINSON ORDAINS: Section 1, Thal the municipally awned real property legally described as follows: That ppart of Lots 1, 2, 3, 4, 5, 6, 7 and 8, all in 131ock 21, NORTH HALh OP HUTCHINSON, according to the recorded plat, and that part of the North 16.50 leet of Fourth Street (now known as Third Avenue NW) as vacated h~ resolution passed and adopted by the City Council of the City of IIutchinson on the 14 'day of October, 1915, lying southerlyy al' a line drawn parallel with and 8.50 feet northerly, measured at right ankles, from the centerline of the main track of the Ibrmer Burlington Northern Inc. as said track was located on February 12, 1991, and lying westerly of the east line of said Lot I and its southerly prolongation and lying easterly of the cast lint of the West 20.00 feet of said Lot 8 and rts southerly prolongation. for good and valuable consideration thereto, is hereby sold and conveyed to the Southwest Minnesota Foundation, together with all herediiaments and appurtenances belonging thereto. . Section 2. This ordinance shall take effect upon its adoption and publication- Adopted by the City Council this 12°i day of April, 2005. Steven W. Cook Mayor AT"1'ES"1': Gary D. Ploiz City Administrator ~r~ C ~. J Hutchinson City Center XXX Has®ao Street SE nutchinaoq MN 53350-7S3Z 330.587.5XSX/Fan 320.234-4540 TO: Mayor & City Council FROM: Gary D. Plotz DATE: March 18, 2005 S[IB7ECT: 2005 Visioning Goals As follow-up to our 2005 Visioning Sessions, the Council delegated the drafting of the objectives to the Mayor and me. We have selected a few initial goals to start working on. These are in the area of 1. Local Government Aid (LGA) 2. Downtown Development Plan 3. ProgramLPerformance Budgeting 4. Communications . Doug Peters, the City's facilitator for this process, has assisted the Mayor and I in wordsmithing these goals. During the presentation of the goals to the Counoil, please feel free to offer suggestions and changes. t7ur desire is to obtain your approval of the goals to enable the "team leader" to move forward with the assigned task. Additional goals will be presented for your consideration at an upcoming Council meeting(s). rdnaaun,ecycleap~per. (~ ~\~ . GOAL STATEMENT -LGA Subject: LGA formula Action Verb: 1. Understand, validate and influence the LGA formula allocation. 2. Reduce dependency of LGA revenues over the long term. Measurement (how do we determine success): 1. Maximize the amount of LGA received in relation to other cities 2. Reduce % of LGA that finances general operations - 10% the first year Key Participants: Mayor, City Administrator, Finance Director, State Legislators, State lobby groups, other unfunded cities, all city enterprise managers/directors Team Members: Mayor, City Administrator, Finance Director Tcam Leader: Finance Director .Milestones: 1. LGA -allotment amount - understand the criteria (March 22, 2005) - understand the weighing of the criteria (March 22, 2005) - draft legislation to increase LGA allotment (start immediately) - testify at legislative committee hearings (April/May 2005) 2. LGA - utilization of allotted funds (locally) - calculate a 10% decrease in LGA revenue to general operations (immediately) - identify potential impacts of the City's general operations fora 10% reductiori of LGA (June 1, 2005) - find alternative revenues (enterprise funds) and/or reduce expenditures (August 1, 2005) - identify areas for targeted one time use for the 10% set-aside of LGA funds (August 1, 2005) Date Deadline: August 1, 2005 q tJ~ GOAL STATEMENT -DOWNTOWN ~ubjectE Projects within Downtown Revitalization Flan (plus new projects) Action Verb: Identify (existing/new), prioritize and recommend downtown projects ~~~~ Measurement (how do we determine success: 1. Quality and accuracy of cost benefit analysis 2. Quality and accuracy of impact on downtown 3. Quality and accuracy of estimated time frames Key Participants: Director of Economic Development Authority (EDA), President of EDA Board, Director of Public Works, Director of Planning/Zoning/Building, Mayor and City Council, Hutchinson Downtown Association, Hutchinson header, Chamber of Commerce, Downtown Sub-Committee, Downtown property owners Team Members: EDA Board, Director of public Works, Director of Planning/Zoning/Building Team )C.eader: Director of Planning/Zoning/Building milestones: 1, Analyze short-term projects (June I, 2005) - Cost Benefit Analysis - Impact an Downtown - Estimated time frame for each project 2. Analyze long-term projects (July 1, 2005) - .Cost Benefit Analysis - Impact on Downtwon - Estimated time frame for each project 3. Rank Long/Short-Term Projects (July 1S, 2005) Date Deadline: August 1, 2005 C7 9r~~ GOAL STATEMENT -COMMUNICATIONS .Subject: Communications with the public, council and other governmental units. Action Verb: Identify ways to improve communication between the following groups: 1. The general public and the City 2. City Council Members 3. Other government units and the City Measurement (how do we determine success): I. Number of people participating in local government by "communication category" aver prior year. 2. Satisfaction level of participants Key Participants: City Council Members, City Administrator, City staff, members of the public, local media, HCVN, school board, school district staff, county commissioners, county staff Team Members: Director of Policy/Emergency Services, Director of Information Technology, ~irector of Parks/Recreation/Community Education Team Leader: Director of Parks/Recreation/Coznmunity Education Milestones: Solicit input by May 15, 2005 - General public - Media - City Council - Other ideas from the League of Minnesota Cities and other governmental units - Communication vendors (software) 2. Fresent the most feasible alternatives, considering cost and effectiveness, to the City Council: - Include recommended tracking system (i.e. surveys, participation counts, web site counts) and a means to measure satisfaction level. Date Deadline: July 1, 2005 n LJ a~~~ GOAL STATEMENT -PROGRAM/PERFORMANCE BUDGETING ~ubject: Program/Performance Budgeting Action Verb: Recommend if the City should utilize pragram/performance budgeting Measurement (how do we determine success): 1. Thoroughness of research and analysis 2. Clarity of definition of program performance budgeting 3. Cost versus cost savings 4. Identified benefits i. Compare city programs ii. Compare with other communities Key Participants: Finance Director, Mayor and City Council, City Directors, League of Minnesota Cities, other municipalities, ICMA, and public representatives Team Merubers: Director of Human Resources, Fire Chief, Finance Director Team Leader: Director of Human Resources Milestones: 1. Define program/performance budgeting (June 1, 2005) 2. Determine how program/performance budgeting could be used in Hutchinson (September 1,2005) Date Deadline: September 1, 2005 ~~~~ Hutchinson Cit Center C, J ~. ^'~ lrl. 111 Hessen Btrcet 86 Hutchin®nn, MN 55350.2572 320.587-5157/Fex 320.234.42A11 (l R A. N U U M. TC; Mayor and City Council FROM: john P, ltodeberg, D"hector of Public Works John Olson, Public Works Superintendent (Airport Manager) ~1 ~~ 1tE: Consideration of Approving Memorandum of Agreement for the Minnesota Unified Certification Program far Disadvantaged Business Enterprises (DBE) DATE: March 17, 2005 All projects that include federal funding are required to follow the guidelines of49 Code ofFederal Regulations, Part 26 (49CFR Part 26) regarding 1]isadvantaged Business Enterprises. This affects us most often in regards to the Airport. The attached Memorandum of Agreement (MCA) allows Ule City of Hutchinson to be included in the Minnesota Unified Certification Program that will provide a unified, consistent and state supported basis for addressing the program requirements. Since our funding is often fairly small, the management of this program through the state will be a benefit to the City. We recommend approving the MOA. cc: Kent Exner - c7iy Engineer Prinoed m nxyckd papa - ~ ~' L K 1 MEMORANDUM OF AGREEMENT FOR TIIE MINNESOTA UNIFIED CERTIk7CATION PROGRAM FOR DISADVANTAGEA BUSINESS ENTERPRISES This Memorandum of Agreement (MOA) memorializes a working agreement between the undersigned Agencies, United States Department of Transportation fund recipients, to this MOA with regard to the Minnesota United Certification Program (Mn/UCP) for Disadvantaged Business Enterprises (DBE) administered under the guidelines of 49 Code of Federal Regulat~,, Part 26 (49 CFR Fart 26), hereafter referred to as "the regulation". WHEREAS, 49 CFR Part 26.81 defines a requirement that all state Department of Transportation (DOT) fund recipients must participate in the Mn/UCP; and WHEREAS, the regulation requires all. recipients to sign an agreement establishing this UCP effective March 4, 2002 and submit the agreement to the Secretary of Transportation far approval; and WHEREAS, the regulation also requires that this agreement recognize and concur that the establishment and administration of the Mn/UCP, meets all requirements for the DBE program mandated in the regulations, and that the Mn/[TCP will follow all certification procedures and standards, cooperate fully with oversight, review, and monitoring activities of DOT and its operating administrations, and shall implement DOT directives and guidance concerting certification matters; and WHEREAS, the Mn/1.TCP is only responsible for matters relating to DBE certification, the submission of annual aspirational goals and project specific goals remain the responsibility of each . participating agency with a Disadvantaged Business enterprise Program; and W1~REA$, this MOA also commits the undersigned to ensuring that the Mn/UCP has sutFicieitt resources and expertise to cazry out the requirements of 49 CFR Part 26.81. NOW THEREk'ORE, IT IS AGREED AS FOLLOWS: 1. The implementation of the Minnesota Unified Certification Program (Mn/UCP) for Disadvantaged Business Enterprises (DI3E) will be operational no later than 18 months following the approval of the agreement by the Secretary of the United States Department of Transportation. 2. That the undersigned agencies understand the requirements of the Mn/UCP, referenced as Attachrmnt A to this MOA. 3. Agree to the administration of the Mn/UCP as outlined in Attachtent A. 4. Each agency having a DBE program will continue to bear its own costs to operate their respxfive DBE program. The voting member Agencies, identified in Attachment A, will bear the costa of maintaining the Mn/UCP program and all related casts. 5. The following Local Public Agencies within the State of Minnesota are identified as recipients of U5 DOT funds. Each Public Agency has indicated their agreement to the terms and conditions of this MOA by signature on an attached sheet entitled: "MEMORANDUM OF AGREIBMENT FOIL THE MINNESOTA UNIFIED CERTIFICATION PROGRAM FOR DISADVANTAGED. BUSIIVESS . ENTERPRISES LOCAL PUBLIC AGF~N~,~FFIDAVTI"' r' MOA 2005 1 of 4 1~~~ r~ L Arrowhead Transit Metropolitan Airport Commission Austin Ci of Bemidji, City of (includes) • Bemidji County Airport Metropolitan Council includes) • Metro Mobility • Metro 7Yanstt Baudette/LOW Ai Commission Moorhead, City of includes) Brainerd/Crow Win Coun Ai • Moorhead Ai ort Chisholm/liibbin Ai ort Commission Minnesota D artment oFTran Uori Duluth Ai rt Authori Minnesota Vall Transit Authori A Duluth Transit Authority and Duluth Seawa Port Authori Morris, City of )E';ly Airport Moorhead, City of • pirpprt • M titan Area Transit Fairmont Airpa~t't New Ulm, Ci of t7watonn Ci of Park Rapids, City of Cncludes) • ParkRa ids Munici 1 Ai on Filmore Coun Ai Pl mouth Metrol' Dial-A-Ride Grand Rapids/Itasea County Airport Rochester, City of (includes) + Rochester City Lines • Rochester Munici al A' International Falls Airport Rush Ci Gy of Southwest Metro Transit Commission Lac nl Parle Coun Ai St. Cloud Metr titan Transit Commission Litchfield, Ci of St. Cloud Regional Airport Little Falls Ci of Mon zoos z of 4 ~ ~~~ CJ Lon ew Ci of Madlson/5taples, City of Thief Inver palls, City of Mankato, City of (includes) • Mankato Heartland Expt~ess ~ ` • Manlurto Re Tonal Ai rt sat • Airport Ma le Grove Transit S stem Worthin on, Ci of Marshall, Ci of MOA 2005 3 of 4 ~ ~~-) MEMORANDUM OF AGREEMENT FOR THE MINNESOTA UNIFIED CERTIFICA'T'ION PROGRAM FOR . DISADVANTAGED BUSINESS ENTERPRISES I.OCAT. PUBLIC AGENCX AFFII)AV1T local Public Agency (Gtieck OneJ ^ Agrees to the terms and conditions outlined in the MEMORANDUM OF AGREEMENT For The Minnesota Unified Certificatien Program For Disadvantaged Business Enterprises. ^ Is not currently and does not anticipate receiving sufficient USDOT funding to require them to participate in this MEMORANDUM OF AGREEMENT For The Minnesota Unified Certification Program For Disadvantaged Business Enterprises. Recipient may reverse this decision and agree to sign on to the terms and conditions of this MEMORANDUM OF AGREEMENT at any future date by contacting the Minnesota Uniform Certification Program Committee. Print Name of Agency Representative • Title Signature State of Minnesota . County of On this day of , 20~ before me appeared to be personally lmown, who being duly sworn did execute the foregoing affidavit. r----------------"'i I ~ 1 ~ 1 ~ I ~ Notary Public • MOA 2005 a of a ~~~-) C Hutchinson City Center nl Hnxaa stmt se Hutchinson, MN 55350.7522 320.587-5151/Fax 320-Z.'14-4240 M G M [) R A N 1]- U M TO: Mayor and City Council FROM: Kent Exner, City Engizaeer RE: Consideration of Supporting the Higb,way 15 Coalition DATE: March 14, 2005 Through the efforts of the Mid-Minnesota Development Cormrtission, the framework of the Minnesota TYttnk Highway 15 Coalition has been conceived and organized. There have been two public meetings held in regards to gathering feedback from any parties that are associated with Tkl 15 corridor from St.Cloud to Fairrxtont. 'The attendance of these meetings has shown that there is significant interest in this movement. An informal committee has been working towards the official establishment of this Coalition sometime in early 2D05. The primary intentions of the Coalition will be to bring together local units of government, businesses and . landowners along the TH 15 corridor, facilitau studies needed to justify transportation improvements, and preserve the highway's intended use. The Coalition is currently seeking tits membership of all organizations that have any involvement with TH 15 (see attached membership request letter). Dues for this membership are $200 annually Far City participation. If future additional funding is necessary to conduct extensive studies or for other purposes, the Coalition will seek contributions at that time. We recommend Supporting the I-Tihway 15 Coalitlon and submitting the requested dues in the amount of $200. cc: Gary Platz - ctity Adminish~ator John Rodeberg - Director of Public Works r~ L .~~nr~i~~. ~~~~ TRI~NK ~IIf~H1~'~Y ~ CQALtT1ON February 11, 2005 Dear Prospective highway 15 Coalition Member: The Minnesota Trunk Highway 15 Coalition is in the process of reaching out for broad membership participation from local units of government, businesses and organizations along the entire length of the corridor. Highway safety cancems, improvements to handle higher traffic volume, and improvements that ensure continued economic growth and vitality in an orderly and prompt fashion will be the goals of the Coalition. We resolve from the outset to listen to the wishes and desires of residents of all the local units of government along the route. Our challenge is to find what works for each community and then work together to make sure that these needed improvements occur throughout the entire length of the highway crnxidor. The Highway 15 Coalition has up to now been an unofficial coalition. An organizing committee has been working toward officially beginning the Coalition in early 2005. There have been two public meetings held in regard to forming the Coalition. Over 100 persons have participated in one or both of these meetings. We have had good representation firm the entire length of the corridor. The results of these meetings have . shown strong interest to formalize the Coalition through requesting official membenship. Thank you to all of you who have attended these meetings. We intend to seek counsel and consensus of the counties, larger cities, smaller cities and townships along T.H. I5. While the larger communities on the highway have their unique interests and concerns, smaller cities and rural areas also should know that their wishes and plans will be important in establishing the consensus necessary to build the needed improvements for this highway. Plans and improvements will need to take into consideration the needs of the long distance through traffic that occurs on the corridor as well as the shorter local use and commuting trips that are vital to communities along the route. The Coalition will not only encourage that proper investment is made on the highway, but will also encourage, educate and support local units of government in making wise land use decisions. Transportation investments and proper land use decisions gv hand-in-hand in ensuring that the highway will best be able to meet the demands of the highway today and in the future. Without the fundamental marriage of the two concepts, chaos and deteriorating traffrc conditions will likely be the future of the highway. After the membership drive is completed, meetings will occur soon after to select officers, prepare the necessary organizational paperwork, and begin to both decide and take necessary action to meet the Coalition's vision and goals. We anticipate that the first membership meeting will take place in early April. To be successful, the Highway I S Coalition needs to have a large and broad range of memberslip. Dues to join the Coalition have purposely been kept low to encourage local units of govertunent, businesses end TRUNK HIGHWAY 15 COALITION c/o Mid-Minnesota Development Commission 333 Sixth Street SW, Suite 2• Willmar, MN 56201 • phone: (320) 235-8504 • Fax: x320) 235-432f~ Membership Request Letter . Page 2 organizations all along the corridor to become members. If additional funds are needed in the future for the cost of conducting studies or for other purposes, we will ask for voluntary contributions arr'rat time far a specif c purpose. The dues that are collected will be used to help cover the cost of meetings; t~~ gs, producing informational documents and other operational expenses. To help keep operational costs ]ow for the Coalition, the Mid-Minnesota Regional Development Commission has ageed to host the Highway l5 Coalition and act as the Coalition's fiscal agent. Obviously, Coalition funds will be kept within a separate account. After the Coalition gets up and running, a decision can be made to continue with this arrangement or to form another type of organizational structure. We ask for your support in joining the Highway 15 Coalition and encourage others to do so as well. Thaiilc you for your consideration. Sinxrely, ~~ e don tes, Chair TH 15 Coalition Formation Committee . McLeod County Commissioner Enclosures r1 ~J 9C ~) C~ REASONS TO BECOME HIGHWAY 15 COALITION MEMBERS - You will have a voice on the Coalition. - You shall be kept informed of Coalition Activities through mailings and meetings. - Your name is important to be added to the list of Coalition members. The greater our numbers, and the more diversified the membership is, the better we can show how important Highway 15 is within Minnesota. - The Coalition will be used to lobby for funds to conduct needed studies and ultimately to make the needed improvements along the • highway corridor. - The Coalition shall work towards having a comdor study completed. This study will provide the evidence of needs to politically push for the improvements that are necessary, - .The Coalition will bring together the local units of government along the corridor to encourage wise local land use choices that will help protect/preserve the highway for it's intended use. We ask you to become a member of the Highway 15 Coalition. With your participation, we will be in a stranger position to make sure needed in~nrn~~P~nents to Highway 15 will occur in a timely manner, i .; ;„ .~ ~c~) Z~ighway 15 Coalition Registration Form Jurisdiction, Business, or Organization Name: Address: 7;,- ~~ ,r . Telephone: ~ Fax: E-Mail Address: Tf you are a Jurisdiction or. an Organization, has your governing board given their approval for membership? ~ YES _ NO 'Who will be your representative(s) on the Coalition? (You may have more than one person. Please also include each person's address, telephone, and E-Mail address if different from the above infonnation. Use an additional sheet of paper if necessary.) Please indicate what category best describes your membership: _ County _ City _ Township _ Business Organization Membershi $200 $200 $ 50 $ 50 $ 50 A check for Coalition Dues is enclosed. Payment for Coalition Dues will be forthcoming. Mail RegisSCatiop Form to• Mid-Minnesota Development Commission • 333 Sixth St SW, Suite 2, Willmar, MN 56201 Telephone: (320) 235-8504, Lxt. 25 * Fax: (320) 235-4329 * E-Mail: donn.winckler:Qmmrdc.org TkIANK YOU FOR YOUR MEMBERSkIIIP! ~~ ~~ • ~ ~ Beginning of four-lane south of [-g4 to south Jct Highway 23 in Sf. Cloud metro area • Fouraane freeway design • Aooess contrd ~ • Aooeptable performance Dassal {Highway 12j to Kimball (Highway 55] • Rural two-lane • Narrow unpaved shoulders • Verfkal and harlmnlel carves • Safety concerns • Recommend reconstrudbn~ To address defidendes North limits Hutchinson to Dassel {Highway 42J • Ruraltwo-lane • Tratflc vdtanes approaddng roadway caperJly In the future ~ • High heavy canmerdal traffic ~e • Safety cancems 9oultt limits m north limits Hutchinson • Urban two-lane ~ • Urban congestion ~ • Safety mrrcems ~ • Access management necessary `~ Benton ~.;':~ Sauk Rapids South Jct Highway 23 to Jct Highway 10 in St. Cloud metro area • Four-lane expressway design • Urban oongeston • Access related safety conoema Kimball (Highway 55) to beginning of fourdane south of 1~4 • Rural two-lane • TraiNc volumes approaching roadway capadty in the future • Narrow shoulders and other geometric deticiendes • Safety concems • Access management necessary Winthrop [Highway ig] to •oRh €Im€ts Hew Ulm to Winthrop {Highway 19] • Rural twa-lane - • Acceptabe performance hEadella [north Jct Hlghway ti9) to south Ilm€ts New UEm • Rural two-lane • Acceptable petformance Iowa e • MIOVr • Rural • Acre f •:In~ei ~~~ . ''.C.f~'~z'r~ .~~ 'k: to Fairmont {hDa] it segment ~ ~grf)lflt ~e~f i, -~~f"`.``-- .. ' ~1., ~' . 4Ylnthrop '-: ' .._ ~x. Nicollet m u _. 56 . ;, ®• 769 B€ue Farth k L.awlavilk Fairmont i • nvuayw uin Nar i ur r r rar wv s South [Imps to north Ilmlts Haw Ulm • Four-lane urban section In New Ulm • Traffic volumes approp..hing roadway capacity in the future ,,;r, • Safety concerns at k„~' may 14115 intersection on east eo~of city • Address safetylcangestion Issues as part of lulure kighway 44 project Fairmont [I-90] to Madalla (north Jct Highway Bit] • Begins Regional Corridor designation (principal arterial) • Rural two-lane with the exception of fouraane.colnddental segmegt of Hig[rvray 6p :~A~pfatiiepertormenoe ` ~ ~: - - , NR1BA~ ~~ n Slbley 19 ,~ Lafayette ~ 15 u -.. • Hew Brown 30r Madalla ~, . ' ao .~...::. ^..•~~ Watonwan MaRln Northrop Hutchinson City Center • C~ M. E Ni 111 Haasen Sh:et SE Hutchinson, MN 55380.2322 320.387-3151/Fax 3211.234-42i0 O R A N D CT M TO: Mayor and City Couucii FROM: john P. Rodeberg, birector of Public Works RE: Consideratiolu of Supporting Speed Study on South Grade Road (CSAH 115) DATE: March 15, 2005 We have received a couple of requests over the last several years to look at the posted speeds on South Grade Road SW (County State Aid Highway 115) west of School Road, especially near the lake/river crossing area. This area has several homes and intersections, and also vertical curvelsight line issues. john Brunkhorst, the McLeod County Engineer, and I have talked about this issue several times, and have worked together to post "Advisory Speed Plaques" (yellow), limit passing areas, and reduce parking conflicts in the area. With additional traffic projected due to bowing growth and the completion of the first phase of the County's S W bypass ofHutchinson, additional concerns are beingraised (see attached letter). Please note that this is a County State Aid highway and is not under our jurisdiction; also, reducing the posted speed limit requires an engineering and txaffc study (speed study) be completed, with formal approval from the Commissioner of Transportation. Any postings that are made without this investigation cannot be legally enforced. As outlined in the following statute (169.14 Sub. 5), the Commissioner will determine: the appropriate speed: When local authorities believe that the existing speed limit upon any street or highway, or part thereof, within their respective jurisdictions and not a part of the hunk highway system is greater or less than is reasonable or safe under existing conditions, they may request the Commissioner fo authorize, upon the basis of an engineering and traffic investigation, the erection of appropriate signs designating what speed /s reasonable and safe, and the Commissioner may authorize the erection of appropriate signs designating a reasonable and safe speed limit thereat, which speed limit shall be effective when such signs are eret~ed. LJ We agree that an engineering and traffic investigation is warranted, and therefore Mr. Bremkhorst has requestedthat Mn/DOT complete: a speed study'(see attached correspondence). We request that the City Couucii support the completion of a speed study on South Grade Road. ca Kent&xner-CiryEnginxr John Olson -Public Works Superintrndrnt John.Brunldlarat -McLeod County Sngitteer Pinned on ncyckd ppic- ~~ McLE~D COUNTY HIGHWAY DEPARTMENT C~ March 15, 2Dp5 2397 Hennepin Avenue • Glencoe, Minnesota 55336 (320) 864-3156 (800) 350-3156 Fax (320) 864-1302 Mr, Jon Henslin Minnesota Department of Transportation 2505 Transportation Raad Willmar, MN 56201 Re: Speed Study Request on Ceunty State Aid Highway 115 (South Grade Road in Hutchinson) Dear Jon, We have had several requests to lower the speed vn South Grade Road in Hutchinson. This road is located south west of Hutchinson and the segment in question is approximately two miles long. would like to formally request a speed study be performed on this road (CSAH 115) between CSAH 7 (Schopl Road) and County Road 59 (Vale Avenue). I have attached a map showing the area. If you have any questions please give me a call. I look forward to your response along with a proposed timetable when this can be performed. Sincerely, John T. Brunkhorst, P.E. McLeod County Engineer cc: utchinson Public Works birector ~ ~m McI.E~D COUNTY HIGHWAY DEPARTMENT 2397 Hennepin Avenue Glencoe, Minnesota 55336 (320) 864-3156 (800) 350-3156 Fax (320) 864-1302 CSAH 115 SPEED STUDY REQUEST ~''' `'~ (March 15, 2005) C_~ New CSAH 115 (Formerly CR 5S ,~.~ an;-. A- '-~.,. r~".~ ,a.,F:I Y;.'x1"~~•jsnvC~7 ~p1~~M,[f i-.`i~ .~, ;"~f.':n 3/5/OS To the Hutchinson City Council, My family and I have lived on South Grade Road for 14 years. We have seen the traffic continue to grow each year. We have also seen the housing grow along with the increased traffic- The bridge over the Otter Lake channel is a popular spot for fishing and relaxing while out on a walk whether you are from the east or west side of the lake. The combination of increased pedestrians and traffic at a high speed is an accident waiting to happen. With a 55 MPH speed limit many drivers are pushing it to 65 MPH or higher. I don't have a radar gun but from sound and vision I don't need one to conclude that an occasional driver will be pushing 80 - 90 MPH. Coming from the east I have even caught myself hitting 65 MPH. This summer the new bypass will open channeling even more traffic along South Grade Road both east and west. When I moved here in 1991 it was outside the city limits. A couple years later the city anuexed the area and the development boomed. The time has come to give the area the proper city speed limit. For the sake for public safety I respectfully ask the Council to lower the speed limit to 30 MPH on South Grade Road from School Road on the east to Underwood Ave. . Thank you for your consideration, Russ Goldstein 1680 South Grade Road Hutchinson, MN 55350 r~ ~~ ~cm) ~r r t ~ ~ tir til'11 til:,iL~te lb`>.D'4 Speed. laws are created Cor the protection oC the public anti the curbing of unreasanalale behavior. "Co et~°ectively enforce ~ law, the pulalic rrtust la!elieve that tine law is reasl~ci~lale. Minnesota's speed regulations art» based on fibs same Basic Speed, l..aw that is used in all 5tt states: '°No persona shall dxive a vehicle tan a highway at a speed greater than is reasonable and larudent under the condititns"'. statutory litrtits are based on the ctancept that uni€iaxrn catcgcxes of lrigl>tays Ta~sua aperate saCcly at certain preset xnaxmuxn speeds undex ideal conditions. Whether the specti limit is pasted or unposted, drivexs axe required. to reduce sped laelow these values for pone weather conditions, curves or hilts and potential hazards such as pedestrians. 'Drivers mttct alno reduce ;~r,.;ed when approachd~r:~ tar pa~^ain~r t Ilr: r_'ency vhiclr~ with r. In+:r~en, y lt;~hts fla: Ling, i1.t.c stc ttic m,•:;tinriirnur..-,t:rtul, ry',hcctjs' Iii lnl?fl In .rlleyti li n,l ;i s+n rlrcrt~ in nrr,:r rli ltrii:lS J ; 0 lrph :m n.:rrl tntcr~t.:u hl ~hwaYs _ h~ Ir:h•h Lul llri,;:r: uttr;;.ac hid hwayt; t;~ ra+li r.•w c~:}u~~:+ct~ays ~~ nTt~h r~.i Lxllcr ructds Wl :snr vr:r tl , ,, ~+'r rotary speed l':rnit::~,•t nat t2;c correct ~, ;:lue f~: a spet;ittu htgh'~vay, the ~.,;.~aa~iissi.t~tter ui transportation authorizes the posting ol` other regulary sped limits. lr,tcrstatcs ~re niyn aasa,~n n,u~z;-t~,n~ ^~~raea n~<:irri„ys that have rs~rrtrc lied access intercha rages such as clo.eneafs r diamond `, -',abr.<.. TF'rough traffic pn tf iu r•erstate ne.cr r.. r, ~ ,- yiifrl. F.xumples:I.94or1-3S i-)(17rffSSVJ~]/S .r+c r; .iit~,~nn dr:~'• ,' hrghu `~.il the~Y ve entnes - _~ n ,tn-, i ~,.i - ',in c or't'ulr:d by © I ~ffc'srgnal n u •n_.f r7t nt3y ~ ',t l;utth9ysaru nattherule. ~x~mrrr +1,,~!•~r.,:i(7,~rlf,f.hxtry52 t 1'^!P""'PStF71r'9a~W+ M~+.+-.['p'~i{1Mi"A yy I ~ j.. r ~ i a r+ 1} I r~ •L' °Thc ccrltli;+.l..,i~.~r.rr,~1 wl._I,~portation sets xeg~latoryspeed litmus C.[' •t:~1~- ,i;ii~ lu ,tl r'.~,I;ls }'a#Cd bn a ktlorotr~la cnginecrln~+, an~i tr::l;r~ in~r:~.ul~,~ltiUn. I Ilr',e I;1'.:inlti a+,. tt~li uirt.d: - li?+ ~ i, n : t.J tchr cal accr•~s points l l;itcr~CCtiuns, ..r:l .t fL r•t 1 •t . ;h r~} n.l L3~>.;~y (}!d mile mirrirtturn) ... -llr:` (I..I':ll Ll~llli(?i l:Ll1Lt\ I•ti{t]lti, tilt,I1~1}$, t.'.tC.~ ~.. c_h histrry Ir:;ili•: ~nluwnc ilr; cli:.,tlr,cc•; (cnrvc, bin, etc-) 1:'<i i]11¢C TC5LIitS 51~:`r[i chrdy 11A4• i ialit6 Ali 1 '11::';l l ~,r:1 Ot Llt~; te[icAi11M IliV+v+u.,i}'.iA',ti.a{a la Ilt~ -~7eed rLt,dy. 1';;ien,:l,postnp aspertl, rlrtvers ttt~~ Inane roadway environment factoxs into consideration. 't`herefore, the speed. that. the majority of people consider prudent is an impartaxat vallue. Data. is callected lay pert'ormirag tt~dar checYts at selected locations on khe roadwva~! under ideal. driwitag conditions.. Atechnical anatysis is done on the results. to deterlxainc tlrc BStI, pcTCCrttilc. 'Chris is the value indicatang the speed at which most {$5°J~) tirivers are traveling under. atperience has shown tladt a posted speed limit near dais value is the tnaximurrl safe and reasonalale speed. Studies have shown thac traveling much faster or slower thtatt this value cats increase your chance oi"laeing in a crash.,. l"ngirlc;~xing judgement is an irtoportant tool. "Claws traffic inwesti~attor ruaust use knowledge of nationally r'cptcd principles cornlaned with experience to assign the safe sp+d. 4 ~ :r t*~amgubt 2Ut12 ~" 1'w't,1 tryl~'rt[nCAYt ~t"~1"~['Ar~ ~. Cl~ of 1"rsffac ~wg1gC>~riaa Ixrle1lwat ~`raass}al;rrtati~nn systcrrrs ., ;n~' :t.a- n~ 47anner,*rizr MrY?^RP1.a.1.1~~(Nt.StBkC.tt1'111.1171~Ir'trAt~'YGC[tig ! ~ '°~`.. b7rr#~tlr~v7!""f ;~.o r r~ ~-y', """tY-'+'~'"NM N'^e 1 wn4••M T~ 'L'+'J. t! {! ~ ,~ es ~rR t rf'_ i ,r1t ~r rv F i' rrr rY yY a ~ , `'1 ~lzr•nHtMrteFas....;.m...~..,.w.wt>4. ~ .r,.,v tr~..la.,unne~.,r..`...; wn~..tW.~l„ .~ ~, , yT..::vY _ ~ •~F,v,~.J REG[DLA"X"C7'l~t"!,~ 5T'1 1) ;f, ~ `r7T.T' plc :'1 SPEED This black and white sign shawl the titaximunt .speed uMtT ihat a rilGOtorist may travel under ideal conditiaris. It ~• O c:~n be a statutory value or else it must be authorized by the camtriissianer of tratisportati~an. ~#LYIQ,kt,Y ~la'T9 1GN "T"his black and yellow speed s%gn is used to advise rnt~'arists afa cartsfr7rtahle speed to navigate certain ~ sitttatiatis. It is used tio'ith a >txurning; ~igrr, l~"or U inskance, when traveltig, on a ~ti inrltctg read, the curve wartaing sign would be tscd with an advisory speed °'~ ~J si~rt. This sign rttay tae prr;~tc;s~ key the lcwe;al read authority an local reads. 51'Ek;l3 LLM.I"T'~5 Ili 'fT~L ;U' scHOat; I,acal autliarities inay estab}isli scharal speed Iirraits corr. Icacal streets, within a Schaal zone, upon the basis of sPEEO ;,,, e1zgineiering and traffic irivcsti~atian as pt•escribed l1MIT by tl~.e canatnissi.aner aftranspai°tatiorm. This ~0 ~ of , atary speed litiiit is in eff"~ct ~ti'henever children ~~.re present, such as before and after Schaal ar during . _l : ec ~ • s. "1"he schanl plate is black and yellow artd the ether signs are black and white..... ~gptianal flaurescent yellow green rTtay be used far the sc'haal plate. S1QIC'l~ T.JTIVIi"1' rN'W'(]}i~ Z~LANE Advisory speed limits ar+c used to idciitify safe speeds for specific canditians within a work zarie, 'T7iese black and araiige signs are always used with warning sums. "T"he lactzl road, suthvrity can past these plates to ~~ work zones an laical reads. 'i'v'ork raacte speed limits are short term regulattry speed limits that are established far worker safety dine T,-;u ~ to traffic itn adjacent lanes. These spud limits range PeEa ttom 4 iriph to ~fY mph,an two lane-two way reads itMrr aril up to SS mph att. divided highw:~ys. They can be [~, Q trastcxl by the local read authority in active wcark xanes an local roads. The r IN> '"~ T"t+C~bIBT.p plate is black and orange and the speed limit sign is black and.. white. Temporaty speed liriii.ts in canstructi:an zones are SPEEp sanictiatnes needed far tang term canstructian projects l1MiT, err detour routes, These regulatory tala~k and white ~ : is are. used vulren a reduced speed is needed far ~..lri~. ur safety. valid ?" haters a. day.„ 7 days a weekm ihr ti~ must be autharizedbv the camrnbssianer af' r r.•~~~~rftrrir~rri ii+t ~~•:~ r:~;.tlr~ay. 5i•t~ the ~~ch5its:: riww.t)ut.Mfatc.mn.u~:cjaccd fur rnurc inf;,rnr:rtinn yn "Work luue ~pi•cd [:tridrlines,~ V ~ r ... n ~~rtr~. ke.++FfEML .J'"#1~?F'n w~*~ i I!. ' ip ~f ,~V Sf i ? , ` I ~. .. .. . _. u. ~ri,.~ .~n .. ,.;~.~,. .... .. +iriL.A.. „ ~a 7r~aa.>~a+~.srce,.r;. '~'. ill lu"Wt r ir1~ -1te slr~c,il lirnlt retlwee sperm"? `NC7, ~ttadies show that there is little change ittt the speed pattettat after the pasting of a speed limit" The driver is much mare influenced by r~ie raadvray cvndtans. 1«Vill la-vering rtlie sped lirtiit neclu crash Trc~uentcy'? }~?~. lthaug~t lowering the speed limit is oflert seen as a cure-all itti preventing crashes, dill is net the ease. ~tiishes mast aft~en the result of driver irtattentian anti driver exxar. l`lawever, if a pasted speed la`mit is unrealistically lawm, it creates a greater ,speed rariarrce tt.e. sarrte drivers fallow the speed liiriit while tiiast drive c}re reasonable speed. Tli.is :speed variance contriht.ate to cr`ashes., 'k~t-y da vve e3'en have speed liimlts? A uniform sl~ecd afvehicles in a tral~fit: flaw results in the safest ezt~em-ation. ~1ie pasted! speed lernits earn keep the traffic flta~ving smaatlxly pravidcd the ritajurity ref drivers end the speed limits reasonable. ~"a best da thin.„ the limits. must be cansszent ihrr_~trgliaut the state. The speed limits. else give the riiatori rt :gin idea of a reasonable speed itr drir,°c in art unfanaili"ar lacatnn. "fhc sneer? )units err taped k~;y ponce afftcials to i~' :n tl; ~.: ~,, i,, ,_ .,Deeds :irr~ Curb itrtreasonable behavior. rlr, 3A~~,rY ir~4.d.GuwC „t1' XFy ~~tir.,imY,u' rx<f 1 ~ you bc:reve that ~li.~ ^e ~, a safety caiincem err an inapprapri:ate speed ittiiit pasted, the person to catitact depetids ari the type of road. 'g"Tt[DNK HTGTTWAY Mar. rewulr~tary and advisory speed lfritits an the trunk highway s~:.r,.rrr~ you i; ay cr,ntacttl~< ~.i,tr;cttrafltc ciigine~r tit ycaur '.l,+~ I~ui~b. lii~~l••,~ n ,~.tcm includes' flit.:r.I::'r Ilinh~~ays, }.~, Ili, ri.i:~ys ; rte ,. I ~1ti i rc~t:_ 5r;ite 1]if~,h~',a}'s l~C)~AL "TTllu' h:1 ti ~ ~ 1? 111t~: f I Vir•~'l;, S p'or these roadways, you may contact year local read authority {ca'u~iity, Clt`la, ar tawrishrfa)„ IµCrr advisaty speed litiits: "t"he local read authorir; c n dctGrmine these advisory speeds. arid'.. ;past the plates withc>ut autharazattfan from tl'te eaiiirtiissiianer af' transpartatian. 1~ar regulatoty speed limits.:. T"he local read authority can pass a resalutiaxi requestitig an investigation by lwln/l~I'"1`. Based upcru tine rest,ilts, lvAiiJT)4~'1" may tlz authorize the local read authority to past new speed.lititits. °Ihc phatxe tlrutgtbcrs to a;all fifer state tsr lsx;al assistarice be fqund in the phone beak under government listitigs. lf'yowt, are unalale to find the pror phone nutnlaer,, yota may call flee tvltt/UCD7' lnfarmatian tenter at the fallowing numberse T-$p0~~;-37'74 !rrattr lN';<inn+eSotB ur c'"aSl-29~-1.fltlfl °l wi7a C'iifr•t l~'t"rf'Fti~a .drrrvsr 4 - i l)(11 I i }. I~f1h `; •,~ i I } r inir d ii r , ~~ Ia1 iin+: r~ l rlrr ,~c.ci3 hmrts in vork ~uncs or ~'' 1k• •' (~ f ~ 7 in -: L rnt I i:i~- r . '., 1 } ; i :r'..~i'r .~ to r•. : ~ .. i ~. •;hcn 1 . ; •ir~, E+}' :r1ar pfred ~= ri ~-) ~~I L. t~- ~•~iri , i c} }rh ~ c ,.ti,_h it., li lr:: 1;..: hmlt. r - ~ , 1~ C11`L',ti J 'tiY'Ii~t, :~a E:~1F:12(:FaC1 ~~F.f11['i:l. r, ;t;r,r it:a.h:r`y• •.~+~.r, rnv:r tothc closest shoulder •e `- ~ •.ti ill , ut r';r: ~ir~:' t}~c p.ial r 1~ ., uj• fin ~ l~iit!~ r,:~cr: ~~t~~.y vC'hic1C. 4~?tl tliayprncCCd uhetl the . ~. rnirr .c: t „ , c}:ir.'r I•;i:,sr, +.nr.t. !I :'nu :,r~: ;:I+I r<, [lilt ~•, a ,'., I,l.~: r? cnr~r~~c ~~ '~.~i''[ with .; ]i;]rts tlashinti;, irnnicdiatcl~~rerlurc• ' anrl, tl it'r. .,, rn dr, ~;~~. irn•,c• ~v ~ : .,r 1, ,-::, •.i Ir, m t} _ s i•I~~ .l + rr~ r 'cr ~ vrhi~lc. l)rivrr:; ,t:nulri :.ctucrl3} change };r'• I nr; i l f,. r ,ire t :~~ r;; n; i c ..r i;i tl.~ fie r.i.r'r~iirn , r„~. tl:crr :~r, nip •. ~ i,r~ i~~ n '1•.•,ir }path. 7,~. ~.. IIUTCHINSUN CITY CUUNCII, r: c r;q SUMMARY OF CLOSED NIEFTING PROCEEDINGS CITY ADMINIS'I'RATUR PEl2FURMANCE APPRAISAL February 22 and March $, 2UU5 On February 22, 2005, the Hutchinson City Council closed its mccting at 4:3D p.m. to conduct the annual pcrfonnancc appraisal for the City Administrator, Gary Ploiz, Individuals present included the Hutchinson City Council (Mayor Steve Cook, Kay Peterson, Jim I-Iaugen and Casey Stotts), City Administrator Gary Plotz, City Attorney Marc Sebora, and Brenda Ewing, Director of Iduman Resources, Mr. Plotz waived his right in open the proceedings to the public. Council member I3i11 Arndt joined the closed mccting at 5:05 p.m. The Council reviewcd with Mr. Ylotz his performance for the period of February 200a to February 2005. Yerfonnance was reviewcd in the following performance competencies applicable to the position: Communications, Cost Consciousness, Delegation, Job Knowledge, • Judgment, Innovation, Leadership, Managing People, Teamwork, Planning & Organization, Problem Solving, Use of Technology, and Quality. The appraisal system allows an individual to be rated in each cotpetency on the scale of ratings ranging including Unsatisfactory, Needs Improvement, Meets Job Requirements, Exceeds Jab Requirements, and Outstanding. The consensus of the Council is that Mr. Plotz' performance for the review period, on average, was found to be exceeding job requirements or outstanding in all of the competency categories. Mr. Ylotz presented to the Council speciFc achievements for the review period. The list of achievements included the following: 1. Park Elementary study/recommendations 2. IIUC pipeline contract issues 3. Selection of HUC General Manager 4. Selection of Police Chief 5. Police unionization process 6. IIospital Privatization Task Force 7. Creekside Compost Facility financial software 8. Delegation of Creekside project activities 4. 2DD5 'Visioning Process 10. Orientation/1'ransition to newly elected Mayor At 5:30 p.m., Councilmember Arndt moved to continue the closed meeting to 4:30 p.m. on Tuesday, March 8, 2005. The motion was seconded by Councilmember Peterson, and . unanimously approved. ~(n1 The closed session reconvened on March 8, 2005, at 4:40 p.m. with the mayor and all council . members present. 'Also attending were Gary Plotz, City Administrator, Marc Sebora, City Attorney, and Brenda Ewing, Director of Human Resources. The Council identified goals and priorities for the City Administrator for 2005. These include the following: 1. Program/performance budgeting 2, Further facilitation of the Council/City visioning process 3, Hospital privatization process 4, Solid waste issues in addition to these identified priorities, it was also noted that the City Administrator is also engaged in the on-going projects including the Liquor Store remodel, TH 7 project, Main Street/Downtown issues, and the Water Plant construction, Councilmember Peterson moved to grant exceptional service pay to Gary Plotz, City Administrator, based on his performance For the review period. Councilmember Arndt seconded the motion, The motion passed 4 - 1. A roll call was conducted with the following results: Aye -Arndt, Peterson, Haugen and Cook; Nay -Stotts, Upon a motion by Councilmcmber Haugen, seconded by Councilmember Stotts, the City Council, on a 3-2 vote, approved a 3% exceptional service pay increase for Mr. Plotz per the City of Hutchinson 2005 Compensation Plan -Pay Grid. A roll call was conducted with the . following results: Aye -Arndt, Haugen and Stotts; Nay -Cook and Peterson, The 3% increase equates to a $3,005.601ump sum payment. It was also noted that per policy Mr, Plotz' base salary rate remains at step 7 vn the pay grid for the next review period. The closed meeting concluded at 5:25 p,m. C~ 9 (n~ Hutchinson Area Health_Care Hutcbtnsnn Cnmmuntty Hosjitta! /irrrus hlcuenr Nru~irrj; //onve D~ra,vel .llydic'rrl (i~rNPr ~- 1(197 Highway 15 5owh lluuiiinson, A1N 55iS0 (,1211) 2;4 7(.1(10 March 21.2005 The Wonorable Steve Cook and Hutchinson City Council Hutchinson City Center 111 Hassan St. SE Hutchinson, MN 65350 RE' Request for Approval of Replacement Boiler Burners and Emergency Hospital Boiler Rental Dear Mayor Cook and City Council Members: At their regular board of directors meeting on March 15, 2005, the Hutchinson Area Health Care (HAHC) Board of Directors ratified an emergency decision made to purchase new replacement boiler burners and rent a temporary boiler to ensure continued service, as reflected by the follgwing excerpt . from the minutes of that meeting: "Low Pressure Boiler Rental: Andey Rasmussen of McGough Construction provided an update on difficulty experienced with hospital boilers earlier this month. An issue with replacement low pressure boiler burners being rejected by the engineer was discussed. The replacement burners caused problems with resonance, modulation and flame-outs, causing the boilers to shake violently. As a result, carbon monoxide levels in the boiler room rose substantially, and fuel oil leaked into one boiler's insulation. After consulting with the fire marshal and boiler inspector, the boiler was taken off-line. Emergency action was taken to rent a temporary boiler to provide continued service as crews continue to work on the problem. "Request was made for the board members to ratify the emergency decision made by Graves for payment not to exceed $98,695 over cone-month period for ordering of new replacement burners for the boilers as well as the rental cost for a temporary boiler to get HAHC through this issue. Staff members have begun to document the costs associated with these changes because they believe the organization should not be liable for costs outside the contracted amount. Board members agreed on the need to pursue the appropriate resolution regarding these costs relative to who's responsible for first set of replacement burners not functioning. "Fallowing discussion "Motion was made by Mueller, seconded by Knutson, to (1) ratify the decision to purchase replacement burners for the bailers and rental of the temporary boiler at a cost not to exceed $98,695 aver athree-month period and (2) recommend approval of the boiler rental to the Hutchinson City Council. All were in favor. Motion carried." °~ . The Honorable Mayor Steve Cook and Hutchinson City Ccuncil Members March 21, 2D05 Page Two Kay Peterson and Marc Sebora can answer any questions you may have regarding this request. Sincerely, TCHINSON AREA HEALTH CARE Philip C. Craves President PGG:Ih xc: HAHC Board of Directors LJ r~