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cp11-09-2004 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOYEM$ER 9, 2004 1. CALL TO ORDER - 5.30 P M 2. INVOCATION -Rev. Max Meyers, Riverside Assembly of God Church 3. PLEDGE OF ALLEGIANCE 4, MINUTES (a) REGULAR MEETING OF OCTOBER 26, 2004 Action -Motion to approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION, CDMMUNITY EDUCATION BOARD MINUTES FROM OCTOBER 5, 2004 2. FIRE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2004 3 • BUILDING DEPARTMENT MONTHLY REPORT FOR OCTOBER 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12544 -RESOLUTION FOR PURCHASE 2. ORDINANCE NO. 04-390 _ AN ORDINANCB AMENDING THB OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROIVI Rl TO C4 AND R4 AS REQUESTED BY FARR DEVELOPMENT (SECOND READING AND ADOPTION) 3. ORDINANCE NO.04-0392 - AN ORDINANCE REVISING SECTION 91.41 REGULATING THE SALE OF SURPLUS PROPERTY VALUED UNDER $100 (c) CONSIDERATION FORAFPROVALOFOUT-OF-STATE TRAVELFORDOLFMOONTDATTEND TIIE NATIONAL GUARD BOSS LIFT PROGRAM IN JACKSONVILLE, FLORIDA FROM NOVEMBER 17 - 19, 2004 (d) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR HOLLY RYMER TO ATTENI] DPERATIONS AND MAINTENANCE TRAINING IN RIO RANCHO, NE W MEXICO (e) CONSIDERATION FOR APPROVAL OF AGREEMENT BETWEEN HUTCHIlVSON SCIIOOL bISTRTCT AND THE CITY OF HC7TCI~INSON FOR USE OF FACILITIES (f) CONSIDERATION OF ACTNATION OF DEFERRED ASSESSMENT ROLL NO. SA-5059C (FORMERLY SA-5059A) (g) CONSIDERATION OF ACTNATION OF DEFERRED ASSESSMENT ROLL NO SA-05SC, SA-059C, SA-073B, 5A-080C, SA-092A, SA-239B, SA-259B (k'ORMERLY SA-058, SA-059, 5A-073, SA-080, SA- 092, SA-239, SA-259) (h) CONSIDERATION FOR APPROVAL OF CONSULTING AGREEMENTS WITH TKDA AND SEH CITY CpUNCILAGENDA - NOVEMBER 9, 2p04 (i) CONSIDERATION FOR APPROVAL OF PARKING LOT IMPROVEMENTS AT PLAZA 15 AS REQUESTED $Y HUTCHINSON AREA HEALTH CARE Action -Motion to approve consent agenda .Ci. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION OF REVISING ORDINANCE NO. 73.17 - AN ORDINANCE REGULATING MDTORIZED SCOOTERS (SECOND READING AND ADOPTION) Action -Motion to close public hearing Action - Motion to reject -Motion to approve (b) CONSIDERATION OF ORDINANCE NO. 04-388 -~N ORDINANCE GRANTING FRANCHISE TO RAYMOND AND LUCILLE KRUEGER AT 1 b6 -10 AVENUE NE TO INSTALL AND MAINTAIN A FENCE LOCATED IN CITY RIGHT-pF-WAY (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR NOVEMBER 23, 2004) Action - Motion to close public hearing Action -Motion to reject -Motion to approve (c) CONSIDERATION OF ORDINANCE N0.04-039 ] -AN ORDINANCE GRANTING FRANCHISE TO INDEPENDENT SCHOOL DISTRICT 423 FOR ACCESS TO A DRIVEWAY AT PARKELEMENTARY SCHOOL (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR NOVEMBER 23, 2004) Action -Motion to close public hearing Action -Motion to reject -Motion to approve ~. COMMUMCATIONS RE UESTS AND PETITIONS (a) PRESENTATION ON BiOSOLIDS DRYING PROJECT (h) UPDATE ON SANITARY SEWER REPAIIt NEAR CROW RIVER DAM (c) UPDATE ON VALUE ENGINEERING (VE) TEAM MEETING FOR WATER TREATMENT PLANT 8, UNFINISHED BUSINESS 9. NEW BUSINESS (a) CONSIDERTION OF APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OP COMMUNITY BUILDING, AT PLEASANT ACRES, 213 NORTH HIGH DRIVE NW WITEI STAFF RECOMMENDATION (ADOPT RESOLUTION NO. 12543) Action -Motion .to reject -Motion to approve 10. NLISCELI,ANEOUS (a) COMMUNICATIONS l 1. CLAIMS APPROPRIA,TTONS A,ND CONTRACT PAYMENTS 12. AbJOURN 2 MnvuTEs REGULAR MEETING - II[7TCHINSON CITY COUNCIL TUESDAY, OCTOBER 26, 2004 ~J 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION--Rev. Todd Ertsgaard, Oak Heights Covenant Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF OCTOBER 13, 2004 Minutes were approved as presented. S. CONSENT AGENDA' (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM TUNE 17 AND Ji.TLY 22, 2004 2. AIRPORT COMMISSION MINiITES FROM 7ULY 20, 2004 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM SEPTEMBER 21, 2004 4. BUIL DING DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2004 5. HU7'CHINSON AREA, HEALTFI CARE BOARD MINUTES FROM SEPTEMBER 21, 2004 6. CTI'Y OF HUTCIIINSON FINANCIAL REPORTS FOR REFUSE, COMPOST, WATER, WASTEWATER AND GENERAL FUNDS FOR SEPTEMBER 2004 7. CITY OF HUTCHIlVSON INVESTMENT REPORT FDR SEPTEMBER 2004 8. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR SEPTEMBER 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12541-- RESOLUTION APPROVING CERTIFICATION OF ASSESSMENTS (c) PLANNING COMMISSION ITEMS 1. CONSII]ERATION OF VARIANCES REQUESTED BY PAUL BETKER TO INCREASE TWIN HOME LOT COVERAGE ON TWO LOTS IN THE SOUTHWINI] PLAT LOCATED AT 230/234 AND 245/249 OTTAWA AVENUE SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (AAOPT RESOLUTION NOS. 12539 AND 12540) Motion by Peterson, second by Arndt, to approve consent agenda. Motion carried unani~mqusly. 6. PUBLIC HEARINGS - 6:00 P.M. - NDNE 7. COMMUNICATIONS RF UESTS AND PETITIONS ~~ ~-1~~~ c.lx r LU(INCIL AGENDA -OCTOBER 26, 2004 8. UNFINISHED BUSYNESS 9. NEVV BUSINESS (a) CONSIDERATION OF ORDINANCE NO, 04-0389 -• AN ORDINANCE REGULATING MOTORIZED SCOOTERS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR NOVEMBER 9, 2004) Dan Hatters, Director of Emergency Services, presented before the Council. Chief Hatters stated that he had received information from the State of Minnesota stating that motorized scooters are illegal if they do not meet genera] equipment standards, which would include taillights, blinkers, etc. Discussion was held regarding handicap ed devices, which could be listed under the exceptions section ofthepmposed ordinance if the use is for medpcal needs. ChiefHatten also stated that the equipment needed for scooters to make them legal can be purchased and installed on the scooters, This equipment could have some age restrictions on it. Chief Hatter informed the Council that he has received information from the State that has indicated that without proper equipment, motorized scooters are not to be operated on roadways. Council Member Haugen asked that ifit is regulated by the State, does an ordinance need to be put in place. Chief Hatters stated that it would be more clear for city residents if a local ordinance was put in place. earnedlfmm tthe State that mo prized s ooters are leg~o sell~but llegal to possess He stated henwould also contact the DPS to see if they are working on this issue. Motion by Stotts, second by Haugen, to set second reading and adoption of Ordinance Ne. 0¢0389 for November 9, 2004. Motion carried unanimously, (b) CONSIDERTION OF PRELIMINARY pI,AT TO 13E KNOWN AS HUTCHINSON SENIOR CAMPUS, REZONING FROM Rl TO R4 AND C4 AND A PLANNED DEVELOMENT DISTRICT LOCATED ON HWY 15 SOUTH WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING OF ORDINANCE NO.04-390 AND ADOPT . RESOLUTION NO. 12537) Julie Wischnack, Director of Planniug/ZoningBuilding, presented before the Council. Ms. Wischnack explained that the Planning Commission did approve this item unanimously with some conditions placed on it. Council Member Stotts stated he was very impressed with the developer's plans Motion by Peterson, second by Arndt, io approve preliminary plat and PDD and set second reading and adoption of Ordinance No. 04-390 for November 9, 2004. Motion carried unanimously. (c) CONSIDERATION OF VARIANCE REQUESTED BY LEE STRITESKY TO ALLOW FOR THE CONSTRUCTION OF A 36' X 24' GARAGE IN THE FRONT YARD LOCATED AT 1005 LEWIS AVENUE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLU'T'ION NO. 12538) Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack stated that building plans were not included to the Planning Commission but have been provided to the Council. Ms. Wischnack noted that the garage will be placed in the front yard of the property, Applicant, Lee Stritesky, presented before the Council. Mr. Stritesky requested the Council remove condition #3 on his variance, which states, "Screening of plantings must he located on the south side of the garage." Mr. Stritesky feels that there is adequate screening currently in place that will provide appropriate screening. Council Member Arndt asked if the property owners directly to the east have any concerns. Mr. Stritesky 2 ~1' ~) CITY COUNCIL AGENDA -OCTOBER 26, 2004 and Ms. Wischnack indicatd that they have received no comments. Motion by Stotts, second by Peterson, to approve variance requested by Lee Stritesky at 1005 Lewis Avenue, removing condition #3, and as illustrated in the drawings turned in Octgber 20, 2004. Motion carried unanimously. (d) CONSIDERATION FDR APPROVAL OF REVISING TRANSIENT MERCHANT LICENSE FEE SCHEDULE Marc Sebora, City.Attomey, presented before the Council. Mr. Sebora explained that an applicant, Homier Distributing, has objected to the license fees currently in place, which are $200/day and $500/year. Mr. Sebora informed the Council that he has contacted the League of Minnesota Cities regarding this issue. Based on information provided, Mr, Sebora is recommending that the license fee be reduced to $100 per license, whether for a day or a year. Motion by Peterson, second by Stotts, to approve revising transient merchant license fee schedule to $100 per license. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR HOMIER DISTRIBUTING ON NOVEMBER 30 ANp DECEMBER 1, 2004, AT THE NATIONAL GUARD ARMORY Motion by Peterson, second by Stotts, to approve transient merchant license for Homer Aistributing on November 30 and December 1,.2004, at Nattonal Guard Anmory. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF GENERATOR PURCHASE l{en Merrill, Finance Director, presented before the Council. Mr. Merrill explained that two generators are being proposed to be installed this year. Mr. Merrill has located funding sources for this project. Dan Hatters, Director of Emergency Services, presented before the Council. ChiefHatten explained that the' police department has obtained a large generator from the hospital. This ggenerator will be nnstalled in the Emergency Operations Center. The generator currently located at the EOC will then be installed at the Recreation Center. The Recreation Center does not cunrently have adequate power storege for this ~etterator. This request is to approve the installation ofthe generators and to use specific funding for this project. Part of the funding for these generators is from a grant for the police/fire training tower. Motion by Stotts, second by Ilaugen, to approve generator installation and use of grant funds for installation. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF SETTING BUDGET INFORMATIONAL MEETINGS FOR 4:15 P.M. ON NOVEMBER 9 AND NOVEMBER 23, 2004 Motion by Peterson, second by Arndt, to approve setting budget infonmational meetings for November 9 and 23, 2004, at 4:1 S p.m. Motion carried unanhmously. ~) SYSTEMS ESSION TO DISCUSS COMMENCING LITIGATION AGAINST ALLIED MECHANICAL The regular meeting adj Domed at 6:25 p.m. and the Council retired to closed session. Fallowing the closed session the Council reopened the regular meeting and adjourned at 6:45 p.m. 10. MJSCELLANEOUS (a) COMMUNICATIONS ~i~ CITY COUNCIL AGENDA --OCTOBER 26, 2004 1 • CHANGE ORDER N0.2, LETTING NO. 5, PROJECT NO.04-05 Motion by Amdt, second by Haugen, to approve Change Drder No. 2. Motion carried unanimously, 2. SETTING CANVASSING BOARD FOR CTI'I' ELECTION Gary Plotz, City Administrator, informed the Council that canvassing of the City election needs to be set wtthm seven days of the election. Motion by Amdt, second by Stotts, to set canvassing of election for November 3, 2004, at 9:00 a.m. Motion carried unanimously. Casey Stotts -Council Member Stotts stated that he would like all council members to have proposed budget cuts turned in to Gary Plotz, City Administrator, by November 2, 2004. These items should be listed as specific programs or specific dollar amounts. Eill Arndt -Council Member Arndt stated that he had learned that Mediacom will be increasing their late fees to $5.00. Gary Plotz stated that he had written a letter to Mediacom regarding issues and concerns. Attorney Sebora stated that these issues should be addressed before Mediacom's franchise renewal. John Olson - Mr. Olson stated that a petition had been received from neighbors on Grove Street requestingg street lights. Mr. Olson informed the group that these requests are reviewed internally and are part ofthe 13utchinson Utilities Commission capital improvement plan. Someone will be in contact with the petitioners. l I. CLAIMS APPROPRIATIONS AND CONTRACT PAXMEIV'I'$ Motion by Arndt, second by Peterson to approve claims, appropriations and contract payments. Motion carried unanimously. Joan Herren, Jefferson Street, presented before the Council. Ms. Herren requested that before the Farr Development property is approved, open issues be resolved. These issues include tiling and draina~e. Ms. Marren expplained that workers for Farr Development have taken top soil off of a propperty owner s field. Attorney Sebora stated that he would speak with the Planning and Engineering staffregarding this. Ms. Herren also explained that Farr Deve]opment hired a surveyor and stakes have been placed on her property indicating inaccurate property lines. Marc S ebora, Gary Plotz and the engineering department will meet with Ms. Herren. 12, ADJOURN With no further business to discuss, the meeting adjourned at fi:45 p.m. ~~ 4 y~~~ NIINUTES Parks, Recreation & Community Education Advisory Board October 5, 2004 Members Present: Mike Schiesl, Ralph Johnson, Bill Arndt, Mary Inglis and Lora Muilenburg. Also present were Dolf Moon and Karen McKay. The meeting was called to order at 5:15 pm A motion made by $ill Arndt and seconded by Mary Inglis approved the minutes dated September 13, 2004, The motion passed unanimously. OLD BU5INESS Sunlltter Proiects: *Rec Center -There have been many positive comments from participants regarding the new flooring/lighting. The floor is a little tacky at this time, but as it is used more that will improve. *Rotary Park -Rotary Club members planted 42 trees. The shelter is complete, and the restroom should be installed by the end of October. *Rolling Meadows -Residents in the Rolling Meadows neighborhood planted 400 plants and 35 trees. The plant materials were supplied by dividing plantings from other parks. High School students in a landscape class divided the plants. *VMF Pield -Clean up and painting is taking place in the park in preparation of the State Amateur Baseball Tournament next year, Replacing the backstop is too expensive; staff will renovate the existing backstop. 250 Tons of ag lime will be delivered and distributed to the ballflelds in town. "`Northwoods Park -The north field will be reoriented to the cast side of the park. "`Schoel Property -The fields have been aerated four times and top dressing has been applied. Mike Scheisl recommended that the newspaper cover the ongoing projects in the community that the PRCE Deparunent complete. 2005 $udEet _ The Directors have presented their 2005 budgets to the City Council. An additional park maintenance staff position has been included in the PRCE 17epartment budget. The Event Center has a position at'/a full time and is expanding to full time. The position is a 30 hour receptionist and will be a 40 hour coordinator position. Currently the person is taking bookings, typing monthly newsletters, and setting up and tearing down rentals. Smoke Free Parks -Quentin forwarded his powerpoint presentation to bvlf. If a no smoking policy is adopted in the parks it could lead to bigger issues. The city buildings are smoke free because of the Clean Indoor Air Act. In other communities that have smoke &ee policies, campgrounds are exempt. The school property is tobacco free. Ralph Johnson agreed that areas such as bleachers near ball fields at spectator sports should be smoke free. Mike Scheisl told the board that many youth organizations already have a policy in effect. He has been taking a poll of smokers and non-smokers and doesn't feel there is a problem in the parks since there have been no complaints thus far and that the topic is an "emotional issue". The litter created by 5 C~~ I MIIVTJT$S P1tCE Advisory Board October 5, 2005 Page two the smoking is a problem, Dolf will forward information from the board's discussion to City Council members who will make the final decision. NEW BUSINESS A uatic Center/ Ball Fields -The Rec Center Fool is almost 20 years old and in need of maintenance repairs. A facelift or update should also be considered. As the number of participants in youth programs such as soccer, baseball, and football maintain or increase, the number of participants at open swimming continues to decline. The Ree Center debt was paid in 2002. New Ulm voted on a half penny sales tax, which they were able to retire early, that paid for a second ice rink and a Senior Center. The Board will review what the community wants and will make a recommendation to the City Council. Volunteerism -There was letter to the editor of the Iiutchinsvn Le der newspaper suggesting that the city have volunteers mow park land in the city. Dolf told the Board that there are 465 acres of public land. At this time there is a large number of volunteers picking up litter in parks, planting in parks, and coaching youth sports teams. Dolf is considering having a volunteer coordinator. BOARb MEMBER I'T'EM Mike Scheid asked how to handle the questions regarding the sponsorship of the ice rink. Dolf told the Board that the Hockey Association will write their check for $50,000 annually to the city for ice rental, rather than to Citizens $ank as part of the loan payment. The City will write a check to Citizens Bank for $200,000 to buy out the loan. Citizens Bank will write a check for $100,000 to the City as a donation. Bill Arndt requested that the trees along Grove Street be pruned where the school buses load children at Fark Elementary School, Dolf will pass this on to Mark Schnobrich the City Forester. ADdOUItNMENT The meeting was adjourned at 6:17pm by a motion made by Lora Muilenburg and seconded by Mary Inglis. khn ~~ s z~~ ~ Hutchi nson Fire Depart ment ~ Memo T« Mayor and City Council Members Frorrc Brad F~nans, Fire Chief 11/01/04 Rix Monthly Update on ActlvWes of the Fire Department The fire department responded to 26 general alarms In the month of October. Example of a few of the calls: 1. We responded to a grove on fire. The owner indicated that a spark from digging started the fire. 2. A contractor hit a transformer shutting off some power to HTI. 3. A plastic garbage can was set on fire at the West River Park. 4. Food was left on the stove in an apartment building on Glen Street, Causing smoke'damage to the unit 5. An employee hi[ the gas meter with his Car at his place of employment causing a gas leak. 6. A forklift driver knvdced off a spdnkler head at 3M. 7. Hager Jewelry was struck by lightning causing damage to the elecfrvnic equipment. This is the breakdown of the calls for the month; Gity: Residential 3 CommerclaUlndustrlal 10Multi-family 2 School 1 Carbon Monoxide 2 Hazardous Material 2 Medical 1 Rural; Rescue 1 Grass Type 2 Medical 1 Carbon Monoxide 1 Drills ! Meetings! Other Information • Training site-water movement ~ 1 LJ si~~. • E-9 / E~3 LOH daining • Locate address and pump water Fire Prevention Public Relations 1. Jim and I conducted 51 classes in Octoher with 1098 students. We held Basses at pre-schppls, elementary schools, senior housing, and businesses. • Page 2 5(~~a, ~'~ritC~~r~,es .~'~r~~ b,~ "l",~ ~t I.. ~ .. -"I~ ~.L' •II~~tJ i Ir,L kE~HINt,f... 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RESOLU'T'ION Np. 12544. , CITY OF HUTCHINSON RESOLUTION FOR PURCHASE e I~utchinson City Council authorizes the purchase of the following; ITEM Hook lift system Attachments to previously purchased trunk. Pallets -7.000 SEE t1TTACI~D MEMO COST PURPOSE DEPT. BUDGET $74,425.00 Replace older equipment Street Yes 26.25D.00 Slopping Compost Yes The following items were authorized due to an emergency need: ITEM ~ COST Date Approved; November 9, 2004 Motion Made By: ~conded By: DEPT. Aspen Equipment Northland Pallets Resolution submitted for Council action Kenneth B. Merrill by: Finance Director 5«~~ L ~~ ~~ September 20, 20D4 To: I Ionorable Mayor & City Council City of 1=lutchinson Public Works Department Maintenance Operations 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 23411219 Fax (320) 234-6971 From: John Olson, Public Works Superintendent CC: John Rodeberg, Director of Public Works Ken Merrill, Finance Director Subject Truck Equipment Purchase Earlier, the City Council authorized purchase of a 2005 Ford F750 chassis from Holt Motors. The intent was to build a track equipped with ahook-lift system. A hook-lift system will allow us to replace three similarly sized trucks with one truck. We can reduce the size of our fleet, improve fleet versatility, and eliminate some of our oldest equipment: PARK-517-HTK 1979 GMC 7000 w/flatbed durpp body Est. replacement = 955 000 STRT-555-HT][ 1974 International w/ water tank 8c flusher , $st. replacement = 575 000 STRT-660-HTK 1986 Fvrd I'750 w/dump box, plow & sander , Est, replacement a ~(g ,QQQ Toml- 9210,000 We recommend purchasing the following truck equipment in 20D4: 24,ODON Haok lift system w/cab shield. ~ 517,468 Snowplow, wing plow, hitch and air bag 18,938 V-box Sander body 14,639 Hydraulic system controls & emergency lighdng ~0 Total Cost: 574,425 We also recommend adding the following truck equipment in 2005: Foliage watering system, including flusher nozzles Est. Cost: 917,540 Flatbed dump body Est. Cost: 9 8,450 Wastewater & $tprm Water debris dewatering box Est. Cast: 9 6,000 Complete cost for the truck with all equipment will be approximately $162,680, more than $47,000 less than if these units were purchased separately. Our intent was to choose a vendor that offered the safest, simplest and most durable equipment. We considered operator safety and speed, versatility and simplicity in attaching and detaching the truck equipment, along with the potential for future truck equipment applications. We reviewed two reputable equipment vendors' truck equipment. Xt is my recommendation to award the contract to Aspen Equipment, Bloomington, MN (Contract No, 433309; Release 5-863(5)) for $74,425. 5(.~~I PUBLICATION NO. ORDINANCE NO. 04-390 AN ORDINANCE AMENbING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCIIINSON FOR A PROPERTY TO $E REZONED FROM R1 TO C4 AND R4 AS REQUESTED BY FARR DEVELOPMENT THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: ~. J WHEREAS, the following described real property is hereby rezoned from Rl(Single Family Residential) to R4 (High Density Residential) and C4 (Fringe Commercial) as requested by property owner: LEGAL DESCRIPTION: Lat 20, Auditor's Plat of Sec. 7-116-29, according to the recorded plat thereof, McLeod County, Minnesota, EXCEPTING those parts platted as MENARD ADDITION and Minnesota Department of Transportation Right-of--Way Plat No. 43-19 WHEREAS, the City Planning Commission and City Council have considered the effects ofrezonin this iece of property; 8 p WHEREAS, there are certain parameters that will make this rezoning appropriate for this area; THEREFORE; the City hereby of$cially rezones this property to R4 and C4 and it shall take effect upon publication of this ordinance; Adopted by the City Council this 9a' day of November, 2004 ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 5 ~5~a • M E M®~ A N D U M TO: Mayor attd City' Council FROM: Tam Kloss, Director of Information Technology~j~ RE: Clty Ordinauce 91A1 DATE: 11/2/04 Itt the past the City of Hutchinson donated our surplus computers to the Hutchinson School District. The last three times the City needed to dispose of equipment we opted to send them to auction per City Ordinance 91.42. The CityAdministratorshall offerforpublic sale, to the highestbidder, surplus property with a total estimated value aver $ioo. Notice ofthe public sale. shall be. given stating time and place nfsale and generally describing the propertytn be sold atleest ten days priortothe date ofsale hY publication vnc~.in the official newspaper: The sale shall beta the person submitting the highest bid (' 8g Code, ~ a.7o) What has happened at the last two auctions is, after the labor to transfer the computers to the auction site we end up with a net of $4 to $5 per computer. Vi'e typically replace 20 to 30 computers per year. I see an overall benefit to the residents of Hutchinson if the City would have an open policy to donate its surplus computers directly to the Hutchinson Public School District. The money the City receives from auction does not equate to the benefits the School District receives fmm the donation. Staff is suggesting revising Ordinance 91.41 Original 91.41 Surplus valuad Under $100 The City administrator may sell surplus property with a total value of less than $100 through negotiated sale. Revised The City administrator may sell surplus property with a total value of less than $100 through negotiated sale. Surplus personal computers greater than three years old may be donated directly to Public Schools in Hutchinson. Cc: Gary 1'lotz, City Administrator 5013 L.~ '- HC]`~Ct V ~C A1.JCT T ON CENTER y 21VC Settl ement CITY• pF• 'r-IUTCHINSON - ~ '`~ "-~`~}-+' RTTENTION: eLEE 7 . .JC0--583--4575 Page: 111 HRSSEN ST HJTCHIN5gN Mfg 55350 SN HN item A.escriptian 4 _..-_._ _-._._----.-. __.___-_._.,~_-___..-_____..._.._____ Price aty Tat al E27 645 ___ - Hp cvwputerr keyhvar•d ~___-_._._~._._.w_.___._-___-__.._.____w __-____...__. , mouse 1 7.50 X27 429 - HP compw'ter, keybvard, wnuse - 1 5. 00 627 £,g5 - HP computer, keyboard , mause 1 '15.0@ G^c7 645 ~- jiP evmputert keyboard, ' mouse .1 10.0@ F.c7 Eik5 HP cpmputer, keyboard, ~ mause 1 1a. 00 ltemsc 5 Amount; g2. 5@ Commission at c2$. 000X 1$:50 . Less adjustments: -1$.5@. Net due to seller: -_~ _ 42,0@ 20404 N Hwy. 15, Hutch£nson~ MN SS35$ 320"~5C37-'-3;347 Web Site www.hut;ovecauct£ons.com Thank you fvr° attending our auFtipp.'. F'UTLIRE FE CQNSIGNMEN7: DECEMpER 1~ 2003 . Saturday, 6e;~t 27 - Lg antiquelpr^£mitive auction-10 AM-Nattl Guard Rrmvey-Hutch Saturday, Rct 4 - Estate auGtior, wlS7 tr`actars/farm primitiaesii~W -• 10 RM r • ~ ~ry ~~ S(,~~3 [~ Aatc~ 1@-01-~@@3 HOTC7VCC AUCTION CEN'TEF2~. INC 5ett:enent 5e 1 : er ° fi0E 3c~;-58~--4;,75 City of H~,tch:nsen •-attn: Lee 111 Hassan rut I;utehinson MN SS~:,@ 5M BN Item ( G@6 470 606 fi42 - fi@M 33? 6@fi 623 - Wks ~v~~a:y:. Rage:_ L'eseription Price Qty Tpta: Cemp!!ter, keybpard ~ mpuse 1 12 5@ ~:amp~ater, keybpar-d ~ m~•use . 1~ ~v Cpmputer~ keybpard & mauve 1 . Ccnpute;`, 4ceybaar-c: ~• mn~ase 1 10.@0 15 @0 Computers keyboard & mauve i . :@ fG0 . ltemvc 3 Amprant: fi0.0a Commission at 2@.00@X lc.@@ Lgvv adjustments: ,,v_,@ti !dat date to sc:„, s;: ___..__-.w~_-0C" `~~'4@4 ~" Hwy• lu, Hut~hinspn MN JJ~S@ Y?^ C Y _ :,~43'.,F37 347 Web a;.te www,hptaveraurtions.ccm Thank ypu far attending pur auctipn! ~~ r Saturday, Oct k _ Estate aucticn wyJT2 tr^act.prs/farm primitivesyHH -- 10 AM 5~~. ,' C Farks, Recreation & Communit Education Sao uerrmgton sueec sw Hutchinsoq MN 55350.3097 330.587-2975/N'ax 320-2344343 • TO: Mayor and Council FROM: Dolf Moon, Director of PRCI? DATE: 11-3-04 RE: Out of State Travel I am requesting authorization to attend the National Guard Boss lib program in 7acksonville, 1~lotidaNovember 17th-19`h. The program covers all costs with the exception pf $75. The program is sponsored by the Department of ]7efense. Supervisors of staff that participates in National Guazd activities are selected Far participaticn. Thank you for your consideration. khn r~ Printed an recyc{W pypa - 5 C~~ OUT pB 5'[ATS'X'RAVEL 1tEQTIEST TO: HONORABLE, MAYOR AND CITY COUNCIL FROM: RANDY L7EVRIES STIBJECT: OUT' OF STATE TRAINING FOR HOLLY RYMER DATE: 11 /3/2004 I am requestuag out of state travel for Holly Rymer to Rio Rancho New Mexico for Operations and Maintenance 'T'xaining~at the OPS Systems training facility. The cost of the training sessions, aix, hotel and meals is approximately X1450 total OP5 txaining was budgeted fox 2004 and X recommend approval. De~ ~~ . ~irec atex/Wastewater 5~d) USE OF FACILITIES HUTCHINSON SCHOOL DISTRICT AND CITY OF HUTCHINSON 2004-2006 Recrea ion C ter It shall be the policy of the School District and the City of Hutchinson to rent the Recreation Center Euildiug/Civic Arena dry floor facilities at a cost of $25 per hour with the rentee providing a minimum of one building supervisor. oberts Park Softball Estimate 40 days of use, which includes 30 softball games --10 "A" squad games, 10 "B" squad games, and I O "C" squad games. As soon as weather permits, usually the fast week in April, practice is moved outdoors to Roberts Park, The above-mentioned 40 days does not account for any inclement weather cancellations. It shall be the policy of the School District and the City of Hutchinson that the school district will rent Roberts Park for $1,600 per softball season for the above-mentioned use. This cost is based on 40 days X 4 fields, This includes material, labor and use of City equipment. VMP Field aseb There will be no assessment for use of Veteran's Memorial Field (baseball) through this contract period. The construction of a garage at Roberts Park has fulfilled the obligation. eneral Guide ' a When use of facilities or cancellation is needed because of inclement weather, a contact must be made by noon to the city's PRCB Director by the School Activities Director, and facilities can be used only upon approval of the above-mentioned directors, Renters shall always follow the approved time schedule, Renters shall assist in setup for activities or for the next activities. Renters shall leave the facilities in goad condition. The renter's supervisor of the activity must stay until all participants have left the building including emergency situations. 51 ~.~ 2 LEASE AGREEMENT HUTCHTNSON SCHOOL DISTRICT HUTCHINSON CMC ARENA THIS AGREEMENT, made this first day of 7uly 2004 by the City of Hutchinson, a municipal corporation, hereinafter called First Party, and the Independent School 17istrict Ne. 423 of McLeod County, hereinafter called Second Party, WTTNBSSETH: Wl-IEREAS, the First Party has assumed the operation and maintenance of the Hutchinson Civic Arena, through the guidance and recommendation(s) ofthe Civic Arena Board; WHEREAS, it is the desire of the Second Party to rent the Civic Arena for programming tp be conducted and sponsored through its physical education program and/or extra-curricular programs; NOW, THEREFORE, in consideration of the premises and the terms and covenants hereinafter set forth, the parties hereby mutually agree as follows: 1. PREMISES: The First Party agrees to lease and hereby does ]ease, and the Second Party agrees to take and hereby does take, the 130' X 230' building, excluding office space and concession stand, located at 950 Harrington Street in City of Hutchinson, County of McLeod, State of Minnesota, with the following legal description: The South 250 feet of the East 275 feet of Lot 90 Lynn Addition to the City of Hutchinson 2. TERMS OF LEASE: This lease shall be from the term of 7uly 1, 2004 thrcugh June 3p, 2006. 3. RENTAL PAYMENT ANb GAME RECEIPTS: The Second Party agrees to pay the First Party a rental payment for the premises as shown below: 2004-OS 20D5-06 TOTAL TO. TAL Practice Ice 225 hours $100. $110. $22,500. $24,750. 20 Games Varsity/J.V. $500. $500. $10,000. $10,000. TOTAL $32,500 $34,750 Each yearly total amount will be paid on or before February 1 of 2005 and 2006 respectively. All game admission receipts shall be the property and responsibility of the Second Party. Hockey games in excess of 20 Varsity/J.V shall be billed at the agreed upon game rates. 4. DEFINITIONS a. "Ice-time" -The period of time the ice is on the floor of the premises and utilized for hockey games and/or practices. b. "Non-Ice-Time" -The period of time no ice is on the floor and utilization is for sports other than hockey, i.e., terutis, track, softball. c. Exclusive use -The time the Second Party is in possession of the premises for "ice-time" and "non-ice-time" use, without interference from the First and/or Second Party(s), except for normal maintenance of the building. 5z~-~ 3 5. L1SE OF FACILITIES: The First Party agrees to lease the premises for exclusive use at the following designated times and activities. a, The Second Party shall be allotted 22S hours of ice time per school year, which shall be used for practice time from November 2004 through the completion of the regular High School Hockey season 2D04-20D5 and 20D5-2006 respectively. In the event more thau 225 hours practice ice time is used, the Second Party shall be billed at the agreed hourly rate, b. All practice time(s) for Boys Squads and Girls Squads shall be scheduled as agreed upon between the city's Operations Manager and School Activities Director. c. Game ice-time shall be set by schedule. All hockey games shall be Monday through Saturday, excluding holidays. All regularly scheduled hockey games and dates are set forth in a schedule and may be canceled and/or rescheduled only after mutual consultation of the First Party and the Second Party, or their respective representatives. d. In the event the facility is rendered unfit for hockey use due to fire or any other cause, the Second Party's obligation for rent shall be adjusted on a pro-rata basis and the party of the first part shall refund within 30 days after termination that portion of the rent covering the period of non-use. If the damage cannot be repaired within 30 days, the Second Party may exercise the option to terminate. b. FII2ST PARTY RESPONSIBLITIES: a. To provide all utilities, including heat, light, water, sewer, refuse; maintain all ice-making and cleaning equipment and machines; flooding the ice rink; cleaning of the ice surface; maintaining the parking lot; and the normal maintenance, repair and replacement of boards, goals and nets; and make all necessary structural alterations, repairs and maintenance. b. To provide janitor service for cleaning of the locker and shower area each day and cleaning of the bleacher area, storage area and upper arena areas as needed. c. To operate, maintain and receive revenues from all concessions and/or vending machines, unless otherwise assigned itt whole or part. 7. SECOND PA1tTY RESPON5IBILTTIES: a. To provide personnel and supplies for the sale and collection of admission tickets. b. To provide for payment of any Minnesota sales tax for admission. c. To provide towel and laundry service. d. To designate personnel to supervise students at any time the building is being used by its students under this agreement, and to designate one individual to be responsible for key(s) for use of the building while in use by its students. e. To be responsible for lass or theft of school and/or personnel property while stored or otherwise within the premises. f. To make all arrangements and/or payment for announcer(s), scoreboard operator(s), d isor ersonnel f s superv y p . eree an re s z~~ ' 4 g. To designate the coach or supervisor for seeing all pieces of equipment and supplies of the school and players are picked up and properly stored in the areas and cabinets, as provided by the First Party, and to see that all students are out of the building by ono-half . (1/2) hour after close of practice or gano,e. 8. RULES AND REGULATIONS: The rules and regulations of Independent School District No. 423 pertaining to student conduct shall be in effect during all times this building is used by the school. Additional policies governing the conduct of students may be developed as needed by Civic Arena and the school administration. The policies, rules and regulations shall be enforced by school personnel as assigned by the school administration and the city personnel as assigned by the city's Operations Manager. 9. INSURANCE: The First Party agrees to pay a sum equal to the actual expense far bodily injury and property damage insurance. 10. INDEMNIFICATIONS: The Second Party agrees to save harmless, protect and indemnify the First Party from any and all claims, not fully covered by Section 9 Insurance, of every kind and nature whatsoever arising out of the personal injury or property damage on the leased premises while it is utxder control of and being used by the party of the second part. Each party agrees to name the other as an "additional insured party" in liability insurance policies. 11. SUCCESSORS AND ASSIGNS: All provisions of the lease, herein stated, are binding upon the successors or assigns of the respective parties. IN WffNESS WH];REOF, the parties have signed this agreement to be effective the day and year above written. Tn presence of: CTI'Y OF HUTCHINSON BY Mayor BY City Administrator IIIDFPENDENT SCHOOL DISTRICT N0.423 BY Chairman BY Clcrk 5 ~~~ RESOLUTION NO. 12545 RESOLUTION ACTIVATING DEFERRED ASSESSMENT SA-5D58C (FORMERLY ASSESSMENT ROLL NO. SA-5059A) WHEREAS, the following properties have assessments in deferred status: SA-5059 07-116-29-07-087p 23.224.0200 ~~ ~c~4.38Y,1e SA-5059 07-116-29-OS-0060 23.23D.0200 4.38% SA-5059 07-116-29.0$-0020 23.230.0175 4.38% SA-5059 07-116-29-OB-0030 23.230.0180 4.38% SA-5059 07.116-29-OS-0050 23.230.019D 4.3$3'° SA-5059 07-116-29-10-0010 23.219.0030 4.38°/a AND WHEREAS, the City proposes to activate said assessments, with payments over a 10-year period at the original Interest rate. NOW, THEREFORE, BE IT RESDLVED BY THE CITY COUNCIL DF THE CITYOF HUTCHINSON, MINNESOTA: 1. Such proposed activation of said assessments is hereby approved, and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against It. 2. Such assessment shall be payable in equal annual Installments extending overa period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2005, and shall bear interest at the original rate of 4.38% per annum as set down by the adoption of this assessment resolution. 7o the fret installment shall be added interest on the entire assessment from December 31, 2004, until the 31st day of December 2005. To each subsequent installment when due, shall be added Interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole df the assessment on such property, with interest accrued tc the date of payment, to the Gity Administrator, except that no interest shall be charged rf the entire assessment is paid by the 30th day of November, 2004; and he may, at any time thereaker, pay W the City Administrator the entire amount of the assessment remaining . unpaid, with interest accrued to the 31 st day of December, of the year in which such payment is made. Such payment must be made before November 15, or Interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the Gounty Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 9th day of November, 2004 City Administrator Sr- Rec[ Le16p Na! N0. P Np, Le~9 No Prgat No. 7 gd{t7 Lettiry Ho.3 RnJsC No. 2 9s-03 Letl'ug Nn 3 ~4eG No. 3 99-03 Leltrp No. 3 p~yyeU Na. 4 90.03 Leltirg 1y.3 Prgeci No. 3 9q{cl Lotling No 3 ~ PrcyeR No. JEFFERSON ST SE - CENTURYRYE SE TO ~Op' S OF JEFFERSOX CT, iNCLEJO NG JEFFERSON CT BY CONSTRIlC71pN O! GRADING, GRAVEL BASE, CONCRETE CURB & GUTTER, BRUMINOUS BASE, BiTUMINOUB SURFACING, B 18Ti'IEARING: 67M9I26172 quo urwnu,... ........Y__ aL1'ARGI Omer ~ $ ~ y~ ~ Yeas PID~ III 11 -._ Laoef M..w..:.. Fss[ Ye6R IrAaesL ~IeneE Dri9lml NurtOa of ~~ RESOLUTION Np. 1254fi RESOLUTION ACTIVATING DEFERRED ASSESSMENTS SA-1158 ClSA-059C15A-073 B/SA-080GISA-082A/SA-23961SA-259 B (FORMERLY SA-058/SA-0591SA-073/SA-OSOISA-092/SA-23813A259) WHEREAS, the following properties have assessments in deferred status: Ass ssment Roll No. Ci PI Coun PID Interest Rate SA-5059 07-116-29-07-0870 23.224.0200 4 383'° SA-5059 D7-116-29-08-0060 23.230.0200 . 4.389'° SA-5059 07-116-29-08-0020 23.230.0175 4.38% SA-5059 07-118-29-08-0030 23.230.0180 4.38% SA-5059 07-116-29-08-0050 23.230,0190 4.38% SA-5059 p7-116-29-10-0010 23.219.0030 4.38% AND WHEREAS, the City proposes to activate said assessments, with payments over a 10-year period at the original interest rate. NOW, THEREFORE, BE ITRESOLVED BYTHE CITYCOUNCIL OFTHE CfTYOFHUTCHINSON,MINNESOTA: 1. Such proposed activation of said assessments is hereby approved, and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed Improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending overa period of ten (10) years, the first of the Installments to be payable on or before the first Monday In January, 2005, and shall bear interest at the original rate of 4.38°k per annum as set down by the adoption of this assessment resolution. 7o the first installment shall be added interest on the entire assessment from December 31, 2004, until the 31st day of December 2005. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of [he assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment Is paid by the 30th day of November, 2004; and he may, at any time thereafter, pay tc the City Administrator the entire amount of the assessment remaining unpaid, with Interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administratpr shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be eMended on the property tax Ilsts of the County, and such assessment shall be Collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 9th day of November, 2004 Mayor City Administrator A-0d9, 8A-099, 8A-071, 3A-090, SA-09E, SA.239~ SA. 99} ACTIVAFEU: 7170~2pp4 r 3as6 ears Fksl YeaYe ~nel In~e~ Inlaeu Oelsees Gtl9hel Numter of F Rafe Ri IAmo001 NaNS u Yeef 14mios[ AtlRl Yeas ACVITmn [a 7efm M IA'cW NimGer vlYars g59i kIl9PA TdaF ~~ ffi6M otal lnla'eat 512ppAU $AClWAC Ct051' S4C fI,e9p,ppryyAC JgDp,Op ~ ENRCI Re1e pg1~~ ama~ A9x99m9n[ Aclhnktl total R119Cpal YeerlAijay Frwvps w.amave 6f9Eern! Yaer ENRCf Owr1M' fn29967 T5 10 7.00% S 7388 16 S 889 9.00 S 48.53 19 7 70]8 L 12359 S 191A3 3.308 f 2141! 1B7A3 '5 10 7 ' .00 X S 183.84 16 S 151] 9.00 S }IXA09 19 5 155A8 L 27382 5IT.18 3.308 6HA7 S S 517A6 9 10 700% 3 82126 1B 5 3954 4.00 L 395.1T ]6 5 507.67 f 955.53 f 168279 2.615 f 16629] i - S f 692.19 i 10 700Y 3 . 1,817.69 16 i 189.65 9.W f 1,145.14 F4 i 7,272.39 f 2,597.79 S 7 2.258 f 4103.T1 3 f 4f0iT] 10 10 50% i . 128.96 75 S 1693 9.00 f 121.89 13 5 9384 S 222.85 S %7.63 2.0]0 L 287.00 / - i 28].00 10 6 71 Y S . ~ 2508.40 75 S 202W 900 S 1,451.43 6 L ]2252 S 2378.96 S 797.76 1.819 S 800.]7 i f 800.17 10 8 90% 5 t ! . SA7696 310.36 15 S 10610 9.00 S 718.35 < S 26201 i 1148.51 f .99 1.556 6.76 f s 6.56 i 1 220A2 f 17.714.E ! _ • .ee.... C 111 Asffian Suet 5B Hutthlnson, MN 55330.2572 320.337-5151lFu 320.234-0240 A•' zwl E ~r a~ .~ N n u M Tp: l3onorable Mayor and City Council FlipM: John P. Rodeberg, pixector of Public Works RE: Consideration of Consulting Agreements Construction and post-construction services at Airport (TKUA) Additional survey work for North-Central Tnutk Sanitary Sewer (SEI~ AATI;: November 3, 200A Attached are the contracts for the work noted above. All work is being completed according to our direction and is included within the budgets for the noted projects- We recommend approval ofthe agreements- ~~~~~~. Hutchinson City Cen s«~ f ...- SEH September Z0, 2004 john Rodeberg, PE Director of Public Works City of Hutchinson 111 Hasson Sheet SE Hutchinson, MN 5535D Dear Mr. Rodeberg: RECEIVED SEP 2~1 2004 City of Hutchinsdl Eng. pep. RE: Hutchinson, MN NW Trunk Sanitary Sewer, Main Lift Station to Bluff Street City No.: netting Nv. 1/Project No. OS-(Il SBH No. A~HLTTCH04D5.00 14.00 SEH would like you to consider a request for additional survey work we have done on the above project. Our proposal to the City dated April 13, 2004 anticipated Feld survey for the sanitary sewer pipeline around the east side of the ball field location and along Bluff Street at an anticipated cost of $2,715 (see attached proposal). During subsequent meetings we have chosen a different route for the new pipeline around the wost side of the ball fields and a new location for the river crossing and a new route north of the niver to eliminate negotiations and disruptions of private properties (see attached May 28, 2004 memo and drawing). To date we have expended $13,159. The proposal anticipated $2,715. We would like you to consider a $10,450 increase in our engineering fee. We consider this increase cost directly attributed to the new alignment. We are proceeding with final design and anticipate 80% complete plans for your review by November 1, 2004. "Thank you for your consideration on this. Please call me at 952.912.2625 if you have any questions. Sinc ely, 'chard C. Po Project Manager ka Attachments c: Dave Halter, SEH .:v~vvmmdowm~ arnnyre~nod~ee.dai w..ay ~ lo-.ax Short Elliott Hendrickson Inc., 10901 Red Clyde Drlve, Sula 200, Minneeanka, MN 55343-9301 SEH is an equal opportunity employer ~ www.tahlnacom ~ 952.912.2600 ~ 800.734.6757 ~ 952.912-2601 hz ~ ~~ 5 fJ SEH TRANSMITTAL s C~ To: John ltodeherg, PE City of Hutchinson Public Works Director 111 Hassan Street SE Hutchinson,A~1V 55350-2522 pa: 30" Trunk Sanitary Sewer Alignment Date: Ma 28, 2004 SEH Flla No.: A-HUTCH0405.00 14.00 Client No.: ova aro: ~ Encloslny ^ Sending under separate cover Two (2) aerial topography drawings For your: ^ Infonnation/Reccrda ^ Action Remarks: Dear John, ^ Review and comment ^ dlatdbution ^ Sending a9 requested p Approval p Revtafon and reaubmittal Enclosed are two copies of potential routes for the new 30" sanitary sewer crossing the Crow River. Prior to sending the survey crew onto the property north of the river, we should talk to the property owner with a selected alignment. I would like you to consider these alternatives or another oae. Thanks. By: Richard Potz c: Quentin Larson, City of Hutchinson ve Halter, SFH File kc h.NNurcNAleSee~l amNraetrodeMrr.doa Short Elllatl Handrlckeon Inc., 1 p9a1 Red Clyde Ddve, Sulle 20D, Mlnnalonke, MN 55363A301 5EH la an equal oppodunily employer 1 www.aahlnc.com ~ 952.012.2800 ~ 800.736-8757 I 952.812.2801 laz INI 5~~~~ 1.J ~~ _J SEH April 13, 2004 John Rpdeberg, PE Public Works Directpr City ofHuichinson 11 ] Hansen Street SE Iutchinson, MN 55350-2522 Dear Mr. Rodeberg: --- - / ~~ RE: Hutchinson, Ivlinncsota . NW Trunk Sanitary Sewer; Main Lift Station to Bluff Stxect SFH No: P-HCiTCH0405.OD ~$'C~d ~Dr~"d Short Lllioti llendricksvn Inc:.(SBI~ is pleased to submit this proposal for engineering services as discussed at our tneciing oft April 2,.2004. The.propvsed project is a new. 30-inch diameter tnmk sanitary sewer from the main lift stallion vn Fourth Avenue South running north and.west to appropriate the intersection of Fourth Avenue NE and.I3luff.Street. Thc:proposed•enginecring se~vice~,.are:i'or;atntieipated additivnul field survey at the ball field locatioii'and al'orig';}~1tifPStr~et fc>F:;µlteriaate.routes. froth„these c3epjcted 'vn. Figure .Na 3 as shovri. in'tlie d2cj5ott: af~Feasibility fpr '. . the, ZVnrtliwesf Sataitaty Sewer' Improvements 6y'SEII, daied .February'"~5,',;2004~:`SEH will provide plans, specifications, permit assisiance, bidding assistance, construction adminisGrutipn, . including all shop drawing reviews, construction staking and surveying for record drawings. Attached is a task hour budget to provide these services and estimated casts. We propose to do this work for an estunated cost of $80,545.00. Additional services we .anticipate for this project and are not included in this proposal are soils investigation, legal researcYx by McLeod Title and Pellinen Land Surveying. This letter supplements the Agreement for Professional Services between the City of Hutchinson, Owner, and SEH dated November 23; 1999 and addresses providing services in connection with the NW Trunk Sanitary Sewer from the main lift station to approximate Bluff Street. and T:H: 7.. . (hereinafter called the "Project"). We propose to provide the services listed herein on ati hou>•ly basis using the Actual Billable Rates of Personnel Method per Exhibit C=1 of our contract. 'Che General Agreement calls for Supplemental Letter Agreements to be .executed'befgre wa ai'e.. authorised to perfprm any work for the City of Hutchinson. We propose that this letter dated April 8', 2004 be considered the Supplemental Letter Agreement for the subject project. If this.is acceptable, please sign both copies and return one for our files. Short Elliott Mendritkson Inc., 10901 Red Circle Drive, Suite 200, Minnetonka, MN 55343.9301 1 SEM is an equal opportunity employer ~ vnrwsehlntcom ~ 952.9123600 ~ 800.734.6757 ~ 957..9122601 fez ](`, John liodeberg, PE April 13, 2004 Page 2 John, thank yon for this opportunity to work with you and your staff at the City of Hutchinson. Sincerely, `SIIORT.EI,LIQ1"1 HENbRICI~SON INC. ~/~ David C. Halter, P.E. Richard C. Pq Client Service Manager Principal. ka Enclosure City of llutchinson Accepted this day of , 2004. Authorized by: Name Title v:U\hutchlouWpml B~rWrvvo~roy Ur ~w .~uAc ar mein h.doc ~. ~(~;~ ,. ` '. -. ~, . . ... - a ~.. .. ~Ca~ -rr . Y ~, rv .t aa' ,- 9r- ~ . ~ :: ~ rya. a°n ~ . .' r .q .rTM CV"'s1 '~' ,re.: CV CV LCj CTS b e+; ~a ~ U"1 r v C~ ~1 . ~ ~~ ~ ~. ~. ~' C~ ~ ~ ~ ~ h^ ~" ~ 4: °[q ~ ~ "~ ~ ~ k(i ;L ~, ~ ;: ~ '~~ ~. ~ ', ~ ~'"" ~ wr uA a ~ "~ S' ~ gyp , ~ x::i. _ , a ~ 7 Ja °"~ .. C~ September 10, 2004 Mr. John Rodeberg Director of Engineering Hutchinson City Center 111 Hassan Street SB Hutchinson, MN 55350 T~DA ENGINEERS • ARCHITEL'i5 • PLANNERS 1500 Rper ~~Y PWa 444 Cedar Street RECENEp SakdPauI,MN55101.2140 (55,292-4400 SEP 1 3 2004 (851]292-0DB3Fax www.tkda.c°m Guy d Hutddtron Ettp. [kp. Re: 2D04 Airport hnprovements HCD 1'KUA Commission No. 12535 Proposal For Engineering Services Dear Mr. Rodeberg: We are enclosing two partially executed copies of an engineering proposal for the 2004 Airport Improvements project at Hutchinson Municipal Airport. We have an in-place design contract, and this Supplemental Agreement No. 2 would pmvide For construction and post construction phase services. This budget has previously been presented to the City and this amount is included in the federal grant for this work (please note the attached e-mail). This supplemental agreement would add $20,000 to the existing contract. At 95% federal participation, the City's share becomes $1000. Tf this proposal is satisfactory, please have both copies executed where indicated and return one copy to us for our files. We again appreciate the opportunity to work with you at your airport. Please contact me with any related questions or comments. Sincerely, //~~ kyle W. Kr e Senior P 'ect Engineer LWK:aI c (w/o encl): John Olson -~ Airport Manager An Empbyee DNrred C°mpany Prom°ting AAtmuNve Action and EqualOppoMnlry ~~) Lvle W. Kratzke From: Lyle W. Kratzke Sent: W ednesday, June 02, 20041:18 PM Jlm Groehler Qim.grvehler®dot.state.mn.us) John Olson Qolspn®ci.hutchinson.mn.us); John Rode6erg (jrodeherg~cl.hutchinson.mn.us) uhJeat: HCD - 2004 Fvrppri Improvements - 7KDA Commission No.12535-02 Jim - We discussed the remaining grant issues with John plson (Airport Manager). The City would like TKDA tv be involved in the construction phase [observatien, contract administration, closeout, etc.). We estimate $20,000 for these services, although no agreement is yet in-place with the City. The City would also like to repair a drain tile. This work would be performed at Che direction of the City outside the project as-bid. They anticipate backhoe time, manholes, jet-rodding of the the line, and physical repair of the broken file line. They suggest $10,OD0 to include this work be included in the projevt as an administrative cost. The cost breakdown could therefore look like this: Administration $ 10,000 Design Engineering $ 40,500 Covet. & Poat Const angineerins $ 2D,000 Construction $174,939 ~K4[T 4~Ovtir Total $245,439 !~ of ~"fir Apflrca7.'ar~~ his is the project as suggested by the City. Either ,john Olson or John Rodeberg can G~~7/O~ rovide additional information if needed. Upon receipt of the forme from the City (agency agreement, terms & conditions) you may have all the information you need. If not, we will be happy to assist however we can. Lyle W. Kratzke, P.E. phone; 651/292-4527 fax: 651/292-0083 e-mail: kratzke.lwQtkda.com TRria 1500 Piper Jaffrey Plaza 444 Cedar Street Saint Paul, Minnesota 55101-2140 J 5~~.) ~. ~w~ ~~~.~i-. Pr+~~~~t ~"~ ~~s~irr~rte SUPPLEMENTAL AGREEMENT NO. 2 Between CITY OF HUTCHINSON, MINNESOTA (OWNER) and TOLTZ, KING, DUVALI„ ANDERSON AND ASSOCIATES, INCORPORATED (CONSULTANT) for PROFESSIONAL SERVICES in connection wit}t 2004 CAPITAL IMPROVEMENT PROJECT This SUPPLEMENTAL AGREEMENT NO. 2 made and entered into this day of 20 by and between the CTI'Y OF HiITCHINSON, MINNESOTA, hereinafter referred to as the OWNER, and TOLTZ, KING, DUVAI,L, ANDERSON AND ASSOCIATES, INCORPORATED, a corporation with a regular place of business at 444 Cedar Street, Suite 1500, St. Paul, Minnesota 55101, hereinafter refeaed to as CONSULTANT, WITNESSETH: WHEREAS, the OWNER previously engaged the CONSULTANT to provide design engineering services in connection with the 2004 Capital Improvement Project, hereinafter referred to as the Project, which engagement was formalized in a Professional Services Agreement dated May 23, 2002, and Supplemental Agreement No. 1 dated March 23, 2004, referred to hereinafter as the Agreement, AND WHER.1rAS Construction and Post-Conttruction Phase Services for the 2004 Capital Improvement Project are now requested by the OWNER, NOW, THEREFORE, the OWNER and the CONSULTANT, for the consideration hereinafter named, agree to amend the Agreement by and through this SUPPLEMENTAL AGREEMENT NO.2 as hereinafter stated: I. PURPOSE The purpose of this Supplemental Agreement No. 2 is to provide Construction and Post- Construction Phase Engineering Services for the 2004 Capital Improvement Project (CIP). The 2002 CIP project was desigued, bids were received, and all bids were rejected for budget considerations. The OWNER rebid the work as the 2004 CIP. SA 2-1 ~zh~ Therefore, replace the original ATTACIINfENT A, SCOPE OF WORK, with the revised Attachment A attached hereto. IN WITNESS WHEREQF, the parties hereto have executed this SUPPLEMENTAL AGREEMENT N0.2 the day and year first above written. THE CITY OF HUTCHINSON, MINNESOTA sy lay TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED By Richard N. Sobiech, P.E. PresidenUCEO By ~ .~ yle . Kr e, P.E. Project ger ATTACHIvIENT A 5A 2-2 5~h) ATTACHMENT A SCOP1; OF WORK FOR 2004 CAPTI'AL IMPROVEMENT PROJECT HUTCHINSON MUNICIPAL AIRPORT CTI'Y OF HUTCJ-3INSON, MINNE5OTA I. FROJECT DESCRII'TIO The 2004 Capita] Improvement Program at the Hutchinson Municipal Airport will consist of the Following items to be accomplished under a single construction contract. This Project includes major items of work as follows: • NAVAID Service Roadway • Apron and Taxilane Construction II. SERVI ES TO SE PR V1bED BY THE C N TANT The CONSULTANT shall provide services for PART A -PRELIMINARY DESIGN PHASE and PART B -DESIGN PHASE as outlined below: A. PART A -PRELIMINARY DESIG SE 1. Basic Services a. Review the Project with the OWNER, Mn/DOT, and FAA to cotr5rm the scope of work and implementation schedule. b. Prepare detailed layout plans of various Project construction items for review with the OWNER. e. Prepaze preliminary cost estimate and advise the OWNER, Mrr/DOT, and FAA. ATTA-1 5~h~ d. Perform topographic surveys for planned constntction. e. Develop base maps on AutoCAD. B. PART B -DESIGN PRASE 1. Basic Services a. Coordinate with the OWNER, Mn/DOT, and FAA any changes in Project scope, cost, or schedule due to Preliminary Design Phase. b. Prepare plans and specifications, contract documents, and detailed estimates for items described above in Section I - PR07ECT DESCRIPTION. Make minor revisions and adjustments following the OWNER, Mn/DOT, and FAA review. c. Reproduce the final plans and specifications (Contract Documents) for bidding purposes. d. Assist in securing bids, tabulation, and analysis of bid results, then forward the results to Mn/DOT and FAA for their use in preparing state and federal funding documents. 2. ecial Services a. Provide administrative assistance related to state and federal airport funding programs. b. Prepare "Construction Safety Plan" in accordance with FAA Advisory Circular 150/5370-2C. • c. Work with FAA and Mn/DOT to obtain a Categorical Exclusion under the requirements of FAA Order 5050.4A, Airport Environmental Handbook, and Minnesota Statues Chapter 410, Airport Quality Board Environmental Review. d. Prepare application for necessary permits required for construction. e. Prepare CONSTRUCTION MANAGEMENT PROGRAM for use during Construction Phase of Project. C. PART - CONSTRUCTI N PIiA E 1. Basic Services a. Assist the OWNER in the execution of construction Contract Documents. ATTA-2 ~~~ b. Conduct the Preconstruction Conference. c. Consult with and advise the OWNER during construction, and act as the OWN1;R'S representative as provided in the Contract Documents. d. Prepare supplemental drawings of minor construction details. e. Interpret plans and specifications during construction. f. Review required submittals to determine compliance with the design concept of the Project. g. Make visits to the construction site to observe the progress and quality of the executed work of the Contractor and to determine, in general, if such work is proceeding in accordance with the Contract Documents. h. Review performance test data for compliance with specifications. i. Review laboratory test data to determine suitability of construction materials. j. Review payrolls and advise Contractor of deficiencies. k. Review and make recommendations on requests for partial payments. 1. Negotiate and process change orders, if necessary. m, Conduct final inspection and make a recommendation for final acceptance and payment. 2. Special Services a. Frovide a Resident Project Representative (and any assistants) at the site for general construction, These resident services are provided to assist the OWNER and to provide observation of the Contractor's work a greater percentage of the time that construction is occurring. The Resident Project Representative (and any assistants) will be TKDA'S agent or employee under the TKDA'S supervision. The Resident Project Representative's dealings in matters pertaining to the on-site work shall, in general, be only with the OWNER and the Contractor, and dealings with subcontractors shall only be through or with full knowledge of the Contractor. Written communication with the OWNER will only be through or as described by the TKDA. Through the observations of the work in progress and field checks of materials and ATTA-3 5~h~ equipment by the Resident Froject Representative, the TKDA shall endeavor to provide further protection for the OWNER against defects and deficiencies in the work of the Contractor; but the furnishing of such Resident Project Representative will not make the TKDA responsible For construction means, methods, techniques, sequences or procedures, or far safety precautions or programs, or for the Contractor's failure to perform his work in accordance with the Contract Doeuments. b. Provide construction controls and verification surveys. c. Provide administrative assistance relative to state and federal airpoxt funding. D. PART D -POST-CONSTRUCTION P13 E Prepare the Construction Materials Testing Summary. 2. Prepare the Project record drawings. Provide FAA grant closeout services 4. Conduct "As-Built" surveys for design of subsequent development projects. III. Ap171TION ERVI If authorized by you, we will famish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Agreement. Additional Services shall be billable on a Cost Reimbursement Plus Fixed Fee basis ax defined in Article 3.A.2 of the Agreement, and such billings shall be over and above any maximum amounts set forth in this Agreement. A. Registered land orright-of--way surveys, legal descriptions, or related services. B. Geotechnical services including soil borings and geotechnical recommendations. C. More than two weeks of Resident Engineering Services. D. More than 10 trips to Hutchinson, Minnesota. N. OWNER'S RESPON IB1ZTT The OWN1;R'S responsibilities shall be as set forth in Article 9 of the Agreement dated March 23, 2004. ATTA-4 ~~~ V. PERIOD OF SERVICE TKDA will start services promptly upon receipt of the OWNER'S acceptance of this Supplemental Agreement No. 2 and complete SECTION II services of this ATTACHMENT A in accordance with established schedules. VI. COMPENSATION A. PART II.A - PRELIMINARX DESI N PHASE PART - DESI N PHASE PART II.C - CONSTRUCTI N PHA E PART II.D - POST- CONSTRIJCTION PHASE Payment to TKDA for services described in this ATTACHMENT A shall be on a "Cost Reimbursement Plus Fixed Fee" basis as described in Agreement Article 3.A.2, subject to the following additional conditions: 1. The Overhead Rate to be applied to PARTS II.A, II.H, and II.C Services shall be 1.48 times Direct Salary Costs. 2. The Fixed Fee for this Agreement shall be $7,891. 3. The maximum payment for PARTS II.A, II.B, II.C, and II.D shall not exceed the amount listed hereinafter without amendment as may be necessary to Dover any increases in the scope of work and/or level of effort required to complete the scope of work described. Total Reimbursable Cost Fixed Fee B. PART III - ADDTI'IONAL SERVICES $52,609 $ 7.891 Payment to the TKI7A for services described in this ATTACHMENT A, PART III - ADDITIONAL SERVICES authorized by the OWNER, shall be on a "Cost Reimbursement Plus Fixed Fee" basis as described in Agreement Article 3.A.2. Payment for additional services shall be over and above the Total Contract Ceiling Amount set forth herein. ATTA-5 n~ C. TOTAL CONTRACT CEILING O i Total payments to TKDA under this Agreement shall not exceed $60,SD0 without an additional Supplemental Agreement between the OWNER and TKT)A. .~ ATTA-6 ~~~ 11/06/04 FRI 10:41 FhX s205879a40 HAHC ADIIIN 84001 Hutchinson Area Health.Care - ffutchznson Carnmun{ty fios~idtaf BµnesMcrnnr Nurcir~t; Hbrtfe Dasaef Merti[ur (;ent¢r ~ ]0~)? HiKl,.vay li South Hutchinson, MN 553,0 [3207 294-5000 Oclo'at:r 22, 2D04 The llonorable Mayor Marlin "forgorson and Members of the City COUncil Hutchinson City Center I 1 1 Hassan Shoat SE Hutchinson, MN 55330 bear MayerTorgerson and City Council Members: The heard of Directors of Hutchinson Area Health Care epnsidered a proposal to address the problettts with ~he bituminous stufacing, parking lot lighting, and sidewalks at the Plana 15 and are providing you with ., rccoowtendation for considetadon at your next meeting.- Tho following is an eaccrpt from the nlinu~;es afthe it1.CClin6; star ire Plannin¢ Convnittee. The Master Site planning Committee met to consider a ieconunendation to resurface the Plaza 15 parking lot and to replace the lighting. David Schwebel, Plata 15 Property Manager, Colliers/Tawle, was present to provide input tq the coamuttee. Schwebel described the need to replace the parking lot, sidewalk, etrd lighting standards. He described the parking lot as one that is in snob bad shape that it could no longer be repaired and kept safe withvat major work. The City L•nginvar agreas with Schwcbel'a assessment and concurs with the need to replace the parking lot. Graves reported the Engineer advisee u8 to make n request of the City to plan for the replncement of the Plaza 15 par4attg lot, sldcwulk and lighting in the 2005 improvement budget of the City, It wag also recommended by Schwebel that we consider changing the traffic flow through the Plaza 15 far this type of faeility. • Following discussion, Fortun rnadc a motion, secondai by Mueller, ro nrakc a rtgttest of the City to plan for the replacement of the Plaza 15 parking lot, sidewalk and lighting in the 2005 imprOvgrtent budget of the City. All were in favor, Motion catriCd. Tl,anl: you, in advance, for consideration of this request. Kay Peterson will b¢ able tv address questions you n,ay have regarding this item at your meeting ,ni Tuesday, S'nccxl ly, It rhilip c. Graves Ptcsic ant /cs ~~ 1~ C Office of the City Attorne 111 nasaan StRet 3E nutchimnq MN 35330.2522 320-587-315llF'ax 320.234-4240 r 1 ~J TO: Mayor & City Council FROM: Marc A. Sebora, City Attorney DATE: November 5, 2004 SUBJECT: Motorized Scooter Ordinance The second reading of the proposed motorized scooter ordinance is set for the Council meeting on November 9, 2004. For your review I am enclosing two pieces of information, one £rom the Minnesota Department of Public Safety and the other an information brief prepared by the Minnesota House of Representatives Research Department, both discussing motorized scooters and how they fit within the laws governing motor vehicles in the State of Minnesota. Both nnemos come to the same conclusion that motorized scooters are not legal for operation in public places. The reason for this is because of the fact that they are self-propelled makes them a motor vehicle subject to other motor vehicle regulations, such as requirements of safety equipment, horns, lights, directional signals, and braking power. Tn addition, operators of all motor vehicles need to be at least 16 years of age. Lastly, all motor vehicles must have a vehicle identification number (VIIV) which permits them to be registered with the State of Minnesota. Because motorized scooters do not meet these requirements, they are illegal to operate on public streets and sidewalks. Please recall that at the last meeting Council Member Haugen inquired as to why we would need an ordinance regulating these when they are already prohibited under state law. As mentioned above, the motorized scooters themselves are not illegal, but their operation in public places is. Hutchinson Police Services aheady has the power to cite individuals for not having proper safety equipment and not being registered for public use. Flowever, it is the position of Chief Hatters and ]nyself that rather than each officer citing an individual for a laundry list o£ violations (no horn, no headlight, no directional signals, no registration, no protective eyeweax, no driver's license) it would be better and perhaps more just to cite them for the one violation. You will notice in examining the ordinance contained in the packet that we did include an exception for the operation of motorized scooters if authorized by a doctor and a permit is obtained from the I-Iutchinson Police Department. Also note that under the penalty provision there is an alternative option for you to consider which would make a violation of this ordinance a petty misdemeanor punishable only by a Erne of up to $300, rather than a misdemeanor which is punishable by both a fine and possible imprisonment. Should you have questions concerning this, I would be happy to address them at the Council meeting. - Prin[ed on ncychd paper - cr; (~~ A REVISION TO HUTCHINSON CITX CODE CHAPTER 73 TO INCLUDE REGULATIONS OF MOTORIZED SCOOTERS §73.17 Motorized Scooters Por the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a difTereat meaning. Motorized Scooter. Aself-propelled vehicle yr power assisted vehicle drawn by a motor having a piston displacement capacity of 25 cubic centimeters or less or an electric motor that is incapable of propelling the vehicle at a speed in excess of 20 miles per hour on a flat surface. A) Operating Restrictions. It is unlawful for any person to operate a motorized scooter on a public sidewalk or walkway provided or used for pedestrian travel; on any public street, highway or right-of--way, unless licensed pursuant to Minnesota law; or on publicly owned land including school grounds, pazk property, playgrounds, or recreation areas. $) Exceptions. This section does not apply to licensed mopeds, motorized/electric- assisted bicycles or electric personal assistive mobility devices as defined and regulated by state law. Motorized scooters ma be o erated on uulic ro ert streets or s'd walks if e o erator has obtained a ermit from Hutchinson Police S 'ces. The ermit shall be anted onl u the a licant's demonstrated need too erate a motorized sco ter for medical reaso Option 1: C) Penalty. Whoever violates any provision of this chapter for which no other penalty has been established shall be punished as provided in § 10.99 of this code. Option 2; C) Penalty. A violation of this section shall be punished as a petty misdemeanor. c~c0.~ INk'ORMATION BRIEF 1Vllnnesota House of Representatives Research Department 600 State Office Building St. Paul, MN SS15S John Williams, Legislative Analyst 651-296-5045 July 2004 Motorized Scooters and Other Law-Power Vehicles There has been an upsurge in the number and types of motorized scooters and other low-power vehicles available in Minnesota, fmm recreational vehicles intended primarily for children to mare powerful vehicles aimed at young adults and even seniors. Minnesota law prohibits many of these types of vehicles fmm being operated on streets and highways. This information brief describes the various types of vehicles and their status under Minnesota law and looks at how some other states have addressed them. There are many types oT motorized scooters and low-power vehicles A wide variety of motorized scooters (sometimes called go-peds) are now on the market, including gasoline-powered and electric-powered models. Electric scooters. These are usually lightweight (as light as 22 pounds) platforms with a battery-operated motor of 100 to 750 watts. They are usually deaigned to have the operator stand, but many come with scats and some come'with removable seats. Their maximum speed is from 8 to 25 miles per hour and the range on a single charge is generally from 15 to 30 miles. Tires are from 6 inches to 12 inches in diameter. They usually have only afoot-operated rear brake, although some also have ahand-operated front brake. Steering is with front-mounted handlebars. Their prices can range from under $200 to over $1,200. Gasoline powered scooters. Gasoline-powered scooters are even mare varied than electric scooters. Vehicles marketed as scooters may be as simple as gasoline-powered versions of This publication can he made available in alternative formats upon request. Please call 651-296-6753 (voice); or the Minnesota State Relay Service at 1-800-627-3529 (TTY) for assistance. Many House Research Department publications are also available on the Internet at: www.heuse.mn/hrd/hrd.htm. c~C~~ House Research Department Motonxed Scooters and Other Low-power Vehicles 7u1y.2004 Page 2 . lightweight electric scooters, with four wheels, handlebars, and small (as low as 26 cc) rear- mvunted two-cycle gasoline engines that arc similar to lawnmower engines. At the other end of the spectrum, some can resemble small motorcycles (same are called "mini-choppers"). Their maximum speeds are generally higher than those of electric scooters, from 15 mph to as high as 40 mph or mare. Front and rear brakes are more common than with electric scooters. Gas scooters are somewhat more expensive than electric scooters with prices ranging from a low of about $300 to over $2,500. There aze several other kinds oflow-powered and relatively lightweight vehicles, some of which have been around for years. Motor scooters. These are the familiar "step-through" scooters often called Vespas after their best-known manufacturer. They arc legally classified and registered as motorcycles, but are generally lighter (2001bs.), smaller (145 cc engine), and slower (5$ mph top speed) than the average motorcycle. Mopeds. Motorized bicycles and bicycles with electric motors are both often referred to as "mopeds." "Electric-assisted bicycles" are bicycles with both operable pedals and an electric motor of up to 1,000 watts with a maximum speed of 20 mph. • "Motorized bicycles" are referred to as bicycles in law but do not require operable pedals. They are propelled by a motor of up to 50 cc and 2 horsepower, with a maximum speed of 30 mph. Segways. Segways have been introduced into the retail market only within the past two years. They are referred to in Iaw as "electric personal assistive mobility devices." They have two wheels that are parallel rather than in tandem, and handlebars that the standing operator uses for steering. Under Minnesota law they are limited to a maximum speed of 15 mph. Electric carts. These are golf carts and similar vehicles that have electric motors. Their use is expanding beyond just golf courses. They are increasingly being used for personal mobility, in which case they are sometimes referred to as "neighborhood electric vehicles." Minnesota law classifies these vehicles as "motor vehicles" and prohibits many of them from public streets and highways The.most important thing about motorized scooters and other low-power vehicles is that they are considered "motor vehicles" under Minnesota law. Qnly human-powered vehicles such as bicycles and push scooters are outside this classification. Motorized scooters and other low-power vehicles are not subject to state regulation while they are being operated on private land, including private driveways. Flowever, once they venture ~J ~ (~~ House Research bcpartmeat Motorized 3coours and Other Low-Power Vehicles onto streets, roads, and even alleys they are subject to state, and in some places local, regulations. Motorcycles axe subject to the following state requirements: Liability insurance required up to $25,000 • Vehicle must be registered and licensed at an annual tax of $1D • Helmet required for operators and passengers up to age 1 g • Driver's license with two-wheeled vehicle endorsement required Vehicle must have front and rear fights and rear brake • Qperation on streets is allowed but not sidewalks July 2004 Page 3 Under Minnesota law any electric or gasoline-powered scooter that has a seat and nv more than three wheels is a motorcycle, excluding only motorized bicycles. However, owners of many of the smaller scooters could not register them as motorcycles even if they wanted to. Minnesota law requires every motor vehicle to have a certificate of title in order to be registered, and most small scooters lack the type of identification such as a vehicle identification number (VIN) that is required before a title may be issued. In mast cases a VIN could not be issued because the vehicle lacks safety equipment that federal regulations require. Motorized bicycles must be registered and licensed at an annual tax of 56. No title is required. They tray be operated on streets and highways if registered, but the operator needs either a driver's license or a motorized bicycle operator permit. They may not be operated on a sidewalk except to cross it. The vehicle must have a headlight and, if operated at night, a taillight. If the vehicle is an electric-assisted bicycle an operator must wear a helmet when riding on a street or highway; if it is a motorized bicycle a helmet is required only up to age 18. Operators of motorized bicycles must wear eye protection but operators ofelectric-assisted bicycles need not do so. Headlights and taillights are required for nighttime operation. Segways do not require registration, a driver's license, or lights (braking system is built in). They maybe operated on sidewalks but not on streets unless no passable sidewalk is available. A vehicle that does not fall into any of these categories, even a scooter that is not equipped with a seat, is simply a motorwehicle like any other. As such it musrbe registered and licensed, the operator must have a driver's license, full insurance coverage is required, and the vehicle must be equipped with lights and brakes at both fzont and rear. As with motorcycles, many of the smaller scooters could not be registered as motor vehicles even if they meet state equipment requirements since they lack a V1N. Electric carts axe treated like any other motor vehicle, requiring regiatraton and a driver's. license to be operated on Minnesota streets and highways. Federal motor vehicle safety standards require carts that have a maximum speed of 20 mph or more to have headlamps, stop lamps, tum signal lamps, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle identification numbers. These requirements also apply to motor vehicles used on Minnesota highways, and most golf carts dpn't meet them. Under Minnesota law the only circurristances under which they may legally be operated on streets and Ica) House Reseazch Department Motorized Scooters and other Low-Power Vehicles 7uly 2064 Page 4 highways without being registered or complying with equipment requirements is when they are driven on designated streets and highways by a disabled person with a locally issued permit, Some cities have adopted ordinances to regulate scooters Some Minnesota cities have passed or are considering local ordinances to regulate scooters and low-powered vehicles. Most notable is Bloomington, whose ordinance applies to trail bikes, mini-bikes, go-carts, scooters, and power skateboards with motors of 25 cc or less and a maximum speed of over 20 mph. They are prohibited from sidewalks and publicly owned lands such as school grounds and parks, and allowed on public streets only if licensed. No one under age 14 may cross a street on one of these vehicles. They may be operated only from S a.m. to 10 p.m. Equipment requirements include brakes, mufflers, headlamp, and taillight. Wheelchairs, powered or not, are is a separate category Under Minnesota law persons in wheelchairs are considered pedestrians rather than vehicle operators and have the same rights and responsibilities as pedestrians. This is true whether the wheelchair is powered or not. Wheelchairs ace required to remain on sidewalks and stay off streets except to crass them or where a passable or useable sidewalk is not available. States have only begun to address the legal status of these vehicles Most states are just beginning to address the question of how their statutes deal with motorized scooters and low-powered vehicles. An exception is California, which passed a major motorized scooter law in 21)00. California motorized scooter law. The Califomia law defines "motorized scooter" as any two-wheeled device that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an electric motor or other power source that is capable of propelling the device with or without human propulsion. The definition excludes motorcycles, segways, "motor- driven cycles" (motorcycles with engines under 150 cc), motorized bicycles, and "toys" California ]aw defines a toy as "an article designed and made for the amusement of a child or far his or her use in play" Since some motorized scooters are marketed for children as young as eight years, this last exclusion could be problematic. The new California law generally gives operators of powered scooters the same rights and responsibilities as the driver of any other vehicle, with several notable exceptions: • The minimum age for operation is 16 but a driver's license is not required • The scooter need not be registered, licensed, or insured • Maximum speed is 15 mph • Front and rear lights and side reflectors are required • A brake on at least one wheel is required ~ (~~ House Research pepargnent Notarized Scooters and ether Low-Power Vehicles July 2004 Page 5 • All operators are required to wear an approved helmet • Operators are prohibited from riding on sidewalks and on highways with a speed limit of 25 mph unless it is within a bicycle lane Electric vehicle laws. The U.S. Department of Energy reports that "Since [1998, when federal roles regulating equipment on these vehicles became effective], 37 states have passed legislation allowing these vehicles to be driven on roads with posted speed limits of 35 miles per hour or lower." Minnesota legislation. Minnesota's first venture into regulation of motorized scooters was in 2004, when the Senate passed legislation to regulate powered scooters. This provision defined a motorized scooter as a device with handlebars and wheels up to 10 inches in diameter, with or without a seat, powered by either an internal combustion engine or electric motor. Segways, motorcycles, motorized bicycles, and electric-assisted bicycles were excluded from this definition. Operators of these scooters were generally given the same rights and responsibilities as bicycle riders, except for the following: they were prohibited from sidewalks the minimum age for operation was set at 12 years operators under age 18 were required to wear hehnets Like bicycles, motorized scooters were required to have headlights and taillights if being used at night. This legislation was not heard in the House and did not become law, but the issue is likely to be raised again in future legislative sessions. For more information about vehicles, visit the transportation area of our web site, www,house.leg.srate. inn. us/hrd/issinfo/trans. htm. c~C~~ ratiraw^-: ~ ~_~~ Alcohol 8 Gamhring Enforcement Bureau of Cnminal Apprehension . Capitol Security gnver & Vshide Services Emergency Management / Emergency Response Cammisalon Slyte Flre arehel I Ilne Safety 6Mle Patrol Traffic Safety MINNESOTA STATE PATROL 1500 West County Road B-2, Suite 320 Roseville, Minnesota 55113-31 D5 Fax: 651.582.1524 Minnesota law enforcement and the general public currently have many questions related to the increased use of moiorized bicycles, scooters, and elecirto-asslsled bicycles. The following infomtation is a brtef overview of current state law on the subject of motorized bicycles. For more complete regulations, consuR state statutes and rules. To legally operate a motodzed bicycle or eledrto-assisted tiicyde the operator must be licensed, the motorized 6icycle/electrio-assisled bicycle must be registered in one of the following definitions and meet the required safety equipment. If the operator or the motorzed bicydeleleddo- assisted bicycle does not meet all requirements, they will not be legal for street/highway use pnduding the Sidewall~. The above motor vehicle is an example of a motorized bicycle orelectric-assisted bicycle ff K meets the deFinition and all the safety and equipment standards set foAh in state and federal law. zoo-~~z r..ae.nM• INan•/~......r Ana H~a~ .......e ~~ A AIPlVF 61 /VF c... si n~.....h ~..:~.. c.....r....a. ~•l' ~J Alcohol & Gemding Enrarcement Bureau oT Crlmlrral Apprehension capitol securky Driver 3 Vehicle aervtcee Emergency Menagemem / Emergency Re6ponea Commission ate Fire arehel I This is an example of what is commonly called a Go-ped or motorized Scooter (elecblc or piston une sarety driven). h is currently NO legal for street/highway or sidewalk use. his limited to pdvatB property scare Patrd operation only. 7refllc safety . L7EFINITIONS: To qualify as a motorized bicycle understate law they need to have: Motor of a piston displacement capadty of 50 cubic centimeters or less • Maximum of two brake horsepower + Maximum speed of not more than 30 mph on. a flat surface • Fully operable pedals for human propulsion are not required, qut.may be a part of the machine. To qualify as an electric-assisted bicycle under state law they need to have: Has a seat and fully operable pedals for human propulsion + Meets federal motor vehiGe safety standards Has an eleddc motor that has a power output of not more than 1,000 watts Maximum speed of not more than 2D mph (electric.motor~nd human power combined) + Disengages or ceases to function when the vehicle's brakes are applied. • Two or three wheels ~1 LJ i n~•...w• ~..•rn...~., d... ..~.. ..... ~~~ AR171VF /11 /VF c..~~.i n.......f~~..a.. c..•..,i....e. c~ c4~ DRIVERS LICENSE REQUIRMENTS AND RESTRICTIONS: AEohoi 8 Gamding Enforcement Bureau ar Criminal Apprehan6lon Caphol Security Driver 8 Vehiola Serv~ea Emergency Manag@ment / Emergency Response CommleWon rate Flre arshal/ Ilne Safety State Pstrnl Traffic Safely To operate a motorzed/eledrio-assisted bicyde on the streets or highways a person must: • Have a valid driver's license or a motorized bicyde pennk. A person under the age of 16 pperaUng a motorized/eleario-assisted bicyde under a motorized bicyde permit is subject to the following restrictions: • No passengers (a parent or guardian my ride If the motorizedleledric assisted bicyde is equipped wflh a seat and footrests for a passenger) No night driving No driving on any highway marked as an interstate • Mus[ wear a helmet Foot rests for passengers (if designed for passenger(s) REQUIRED EQUIPMENT Headlight and taillight (headlight must be on at all times when operated on streets or highways) • At least one rear view mirror Helmet use required of any operator or passenger of a motorized bicycle if under the age of 18. Melmet use required for any operator of an elecUic-assisted bicycle regardless of age and any passenger under the age of 1 e. • Must have a permanent seat (no passengers} unless designed to accommodate passenger(s)) • Eye protection is required by the operator (not required for eledrio-assisted bicycles) pirettional signals ff operated at night Working hom Working brake , INSURANCE REQUIRMENTS A motorized bicyde would need the same wverage as a motorcycle wculd in this state. An electrio- assisted bicyde would NOT need coverage. PARKING RULES A person may park a motorizedleledrio-assisted bicycle nn a sidewalk unless prohibited or restricted by local authorities. h must not impede the normal and reasonable movemerri of pedestrians or other traffic. DRIVING RULE8 Operators are subject to driving rules and equipment requirements Cd applicable) when operated on the public streets or highways (which includes the main traveled portion of the road, shoulder and sidewalk). This means that an operator could tie cited for speeding, tallure to signal, unsafe change of course, driving an the sidewalk, DWI (this would apply to anywhere in the state and not just the streetslhighways), and all other driving rules contained within state law that would apply. They may c~~~~ also not ride more than two abreast and may not impede the normal and reasonable movement of traffic. On a laved roadway, they must operate within a single lane. The operator of a motorizod bicyde must ride as close as practicable to the right-hand curb or edge of the roadway with several exceptions (may not operate on the shoulder of the roadway). Alcohol s Tha operator of an eleddo-assisied bicycle may operate on the shoulder of a roadway ff the eleCtrio- Gambling assisted 6icyGe is traveling in the same direction as the adjacent vehicular tratflC. En(orcemeM Bureau of Criminal Apprehension RELATED STATE LAWS Gapftol Security 189.01 5ubd 4e and 4b privet & Vehicle 169.222 5ubd 9 Services 169.223 189.974 Emergency 171,02 5ubd 3 Management! t35f3.001 Subd 5 Emergency Response 169.797 Commi>islan 188.011 5ubd 27 eta FUe ereh>ii / line Safety April 13, 2004 Slate Petrol Trafrrc Saioty dRi/~I~/F D/ 11VF c..~..r n.......~....~.. c.~..r....e. r,,.....w- M...-r~........~~. t.wc ..,.. ... c~~~~ 17ear Jaci: Can these motorized bicycles be on the road, and who can drive them. legally? I have received a summary from central office so I will paraphrase more than you would ever want to know about a motorized bicycle and an electric assisted bicycle. First, we ueed to define them: A motorized bicycle (here after MB) needs: • Motor of a piston displacement capacity of 50 cubic centimeters or less • Maximum of two brake horsepower • Maximum speed of no more than 30 mph • Pedal for human propulsion are not required but may be present An electric assisted bicycle (here after EA$) needs: • A seat and fully operational pedals for human propulsion • To tweet FMVSS • And electric motor that has a power output of not more than 1,00D watts • Maximum speed of not more than 20 naph • To disengage or cease to function when the vehicle's brakes are applied • Two or three wheels To legally operate a MB or an EAB on our streets or highways the operator must have a valid licensed or a M;3 permit and it must be registered as one of the above definition and meet the required safety equipment. If under 16 years of age: • No passengers • No night driving • No interstate driving • Must wear helmet ~~ Ch:k to orda+4~ ~I J Ttequired equipment: • Headlight and tail light, headlight must be on at all times • At ]east one rear-view mirror • Helmet must be used if under 18 years of age for operator or passenger • Must have permanent seat, cannot use for passenger if not permanent seat designated ~ Eye protection • Directional signals • Working hom and brakes A M$ has to have insurance coverage but an EAB does not. You can park both on a . sidewalk, unless prohibited by local officials and it must not impede the normal and reasonable movement of pedestrian and other traffic. The driving rules are the same; you may be cited for speed, DWI, driving on sidewalk etc...when operated on public streets and highways. The operator of a MB must ride as close as practicable to the right-hand curb or edge of the roadway, with exception, and my not operate on the shoulder. The operator of an EAB may operate on the shoulder if traveling the same direction of traffic on that side. This is a GO-ped or motorized scooter and is not legal for street/highway or sidewalk use. It is limited to private property operation only. cl,c~~ Publication No. 7271 , PUBLISHED TN THE . H cto ex ,2000. PUBLIC NOTICE CITY OP HUTCHINSON COUNTY OF MCLEOD STATE OF MINNESOTA 111 Haccnn Street, Hutabincan MN 55350 phone (320) 587-5151, fax (320) 234-4240 Notice is hereby given that a public hearing will be held on Tuesday, November 9, 2004, at 6:00 p.m. in the City Center Council Chambers to discuss granting a franchise to Raymund and Lucille Krueger, 166 - 10ei Ave N.E. for the installation and maintenance of a fence to be boated adjacent to the applicants property, in city right~f-way, along a non~xis[ing street (Maple Street). The installation is proposed to address issues regarding traffic control and access along the Maple Street right-of-way in the north-east corner of Northwoods Park. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all interested parties may be heard. For further information, please contact ]ohn Rvdeberg, Public Works Director, 111 Hassan St. S.E. Hutchinson MN (320)587-S1S1 • v'c. h Rodeberg, P. . D ctor of Public Works 1 J ~cb~ G r~ ~J Hutchinson City Center tit n.~.,a saacc ss uotohiusoo, mnv ss35e-uzx 37A-.%7+515]/Flia 32(-73C-47A0 M E M D R A N D U Ni TQ: Honorable Mayor and City Council FROM: John P. ltodeberg, Aireetor of Public Works RE: Considerativu of Franchise Agreement fvr Fence near Nvr-thwoods Park Raymond and Lucille Krueger -16610'" Avexue NE - DATE: October 7, 2004 We have been approached by Raymond and Lucille Krueger regarding a request to place a cedar, split-rail type fence•in the right-of--way adjacent to the above referenced property. Their property is located at the northeast corner of Northwoods Park, and the adjacent Maple Street right-of way is planted in grass, and is currently not utilized by vehicles. The City has placed abamer in a portion of the right-of--way tv prevent vehicles from accessing through this area, but cars and snowmobiles intermittently drive over the curb, around the barrier and through the Knreger's yard. Julie Wischnack, Aolf Moon and I have reviewed the issue, and recommend approval based on the following conditions: • Al] costs to place and maintain Uae fence shall be the responsibility of the franchise holder. ^ All maintenance of the right-of way azea landscaping shall be the responsibility of the property owner. ^ The City Attortaey must review liability issues and requiremeuts. ^ The City reserves the right to remove the fence due to safety, operational or other issues after notice to the property owner. ^ We recommend the franchise fee be waived orbe very minimal ($1/yeax) due to the value of the franchise holder's right-of--way maintenance requirements. 't'his Franchise Agreement will require that a Public Hearing be held at the next.Council Meeting ('fhesday, Octobar 26~. w: lulls Wixkwclc Dorf Moon Muc Sabaa I! ~s 7A .~_ E _ . ~~ ~~ .._ _...... ~... ~~& 8~R2 ~~'8 874 ~a a ~~ 1i 14PiS ~~~ 4~ ~~ D.'S~..Ft11~ " ~ ...w .... .. .. .,..._n ~~ _ n I 8fa~ -.... ~,. 435 ~ ~ ~ rU5 51 a 5~5 +~~ ~' ~ ' _ ~ ' 41 _ .....m ....~. ~. _. r ---~.~.~..,~ . _ _, .. .~ ~~:~~ Office of the Cit Attorne C 111 Hasson Street 56 Hutchlnaon, MN 55350-2522 320.587.5151lFu 37A-T,34A,140 TO: Mayor & City Council FROM: Marc A. 5ebora, City Attorney DATE: November 5, 2004 SUBJECT: Franchise Agreement with Hutchinson School District (LSD #423) Please find enclosed for your review the proposed franchise agreement between the City and the School District with regard to the driveway used in conjunction with Park Elementary School. As you may recall, when we granted the school district's vacation request, contained in that agreement was the provision of us granting a franchise for a driveway serving Park Elementary School from the west. For your review, I am also enclosing a map which shows the location of the franchise area. Should you have questions concerning this, I would be happy to discuss it at the public hearing on November 9, 2004, at 6:00 p.m. Should you have questions concerning this, I would be happy to address them at the Council meeting. Printed on recycled paper - c~(~~ n ui~ 6~ ~ f ~~ ~ f6 ~ R ;~ F- N ~ -a U] ~ ' G 3 w ~,r O ~ ~f 0 # ~r--- ~P~~ ~~ _ ~~J 6RIwYiw~ avian r I } Rrop cv~4~ ;. ~.' p Y4 _ 0$ N W .3 .e ~ $p n a+ ~ ~ BIM err ' K ~ ; , I 5 _ -- ~rT ` + 3 ~+ PROPO8E0 FRAXCH ' NQRTH 41' 18'M A6 -. ,~y"., rr ga vM as.co ! PROPOSED - R£A' PAR ~. =x R N { I B 239.50 ' r ~~ sa aa a-E=__ ~ 1 3 p , sop ~'w y' 3 sB9'a l'18'E 22.80 F r r 1 SwaM1 MN a! RY Merh Pvt. fRfM Mltf 611Tf4MlOII ~I 1 _ I .~----------------3ra_3o_ ~ ws.+a s cw.w SECOND AVENUE 4ei.wea I.un suau><nrlo PART( 1 16 G YM.W - ~ rV?j(~~ ~ f 1 ~0. ~ $ ,w1 ~~ W R F- U7 A ° R 3 n n6.oaa 1 v 1'rs•w 264A0 -- ~ 1~ J c~ Existing School Building ~P~ SW BBB'a1'IB'E 26x.00 (16 wM] C f Y Mraw M ~ 1M IMiR 4aR ~ 1 Ordinance No. 03-391 Publication No. AN OItDINANCF. OF THE CITY OF HUTCHINSON, MINNF501'A, GRANTING HUTCHINSON SCHOOL bI5TRICT (ISD #423) THE RIGIIT TO MAINTAIN A DRIVEWAY ON PUBLIC PROPERTX I13E CITY OF HUTCHINSON ORDAINS: Section 1. The City of Hutchinson, in the County of Mcleod, State of Minnesota, hereafter referred to as Grantor, hereby grants Hutchinson School District (ISD #423), hereafter referred to as Cnrantee, a franchise to maintain a driveway on certain property owned by the City of Hutchinson, specifically North Park. The area of the Franchise is specifically described as: Commencing at the northeast corner of said North Park; thence southerly, along the east line of said North Park 264,00 feet; thence westerly, parallel with the south line of said North Park 264.00 feet; the-nee southerly, parallel with said east line 180.D0 feet to the point beginning of the ]and to he described; thence continuing southerly, parallel with said east line 41.80 feet; thence westerly, parallel with said south line 54.D0 feet; thence southerly, parallel with said east line 2820 feet; thence westerly, parallel with said south line 259.50 feet to the west line of said North Park; thence nort}rerly, along said weal line 70.00 feet; thence easterly, parallel with said south line 313.50 feet to the point of beginning. . Section 2. The franclrise is granted for a term of twenty (20) years commencing on the date of the acceptance of the fratrchise. Grantee shall file a written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after the effective date of this ordinance. The franchise shall become effective only when the acceptance bas been filed and evidence of general comprehensive and liability insurance provided for in this grant of franchise has been filed and approved. Section 3. Grantor reserves the right to en Force reasonable regulations concerning construction, operation and maintenance of facilities located along, aver azid under the public premises before mentioned and the placement of such facilities. Section 4. Grantee shall indemnify and defend Grantor, its hoards, commissions, officers, agents and employees, in any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Grantee, its officers, agents or employees in the construction, operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise. Section 5. At al] times during the term of the franchise, Grantee will, at its own expense, maintain in force general comprehensive liability insur~ttrce, with an insurance company approved by the City of I~utchinson, with limits approved by the policies being for the protection r~(~) of Grantor and its officers, agents attd employees, against liability for loss or damage for bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise. Section 6. Grantee shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. Section 7. hi the event that Hutchinson School District (ISD #423) should cease to exist or should fail to use the franchise for one calendar year, this franchise shall be deemed mill and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever. Section 8. This ordinance shall take effect from and after passage and publication, subject to the provisiotx above requiring written acceptance by Hutchinson School District (ISD #423). Section 9. 1'he Grantee shall pay a yearly franchise fee of $50.00. Adopted by the City Council, this 23'd day of November 2004. Mayor Attest: City Administrator ~ ~~~ Memorandum DON~HV ~® LJ Date: Friday, Qctaber 29, 2004 Tb: RandyDeVries From: Donohue & Associates, Inc. Re: Biosolids Drying Project The Biosolids drying project at the wastewater treatment plant is now complete and in operation. Dried Biosolids pellets have been processed and successfully used at the Crow River Country Club. The Country Club is very happy with the performance of the product. Per your suggestion, it is now appropriate W briefly discuss the finished project with the City Council. With your approval, i would like to summarize the project in a 5 to 10 minute presentation at the November 9 Council meeting. ~~4~ cxa~ DATE: TO: FROM: Tiutchinson City Center ~.~, - MEMORANDUM 111 Fia~aa Street 5E Hutchinson, MN 55350.7522 330.587.5151/Fxx 32A-3344240 November 9, 2004 Hutchinson City Council Hutchinson Platuung Commission SUB.TECT: CONSIDERATION OF CONDITIONAL iJSE PERMIT REQUESTED BY ROBERT BOISCLAIR TO CONSTRUCT A 3600 SQUARE FO(YT COMlvi[ fNITY BUILDING FOR RESIDENTS AT PLEASANT ACRES, 213 NORTH HIGH DRIVE Pursuant to Section 6.07 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its fmdings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY The applicant is requesting a Conditional Use Permit to construct a 3600 square foot, single story, vaulted ceiling; community room with kitchen, spa, business center and marketing office and outdoor swirtnning pool for the benefit of the residents of Pleasant Acres_ The property is in the R4 District, which requires Conditional Use Permits for all uses (Section 8.07) FIND 1. The required application and fee was submitted. 2. Notices were mailed to the smmtmding property owners as well as published in the Hutchinson Leader on October 28, 2004 3. There were no neighboring property owners present at the public hearing objecting to the request. 4. The proposed parking plan would be short 8 spaces, however; the original CUP was issued to this building to allow the parking arrangement that was provided. it seertn that the plan will be adding 56 more spaces than what is available today. The PtAnnin~ Commission should consider whether the amount of additional parking would be adequate to offset cun~etlt parking problems and the additional parking needs created by this use. The City Engineer has reviewed, in detail, the pond calculations, as it was originally constmeted. The plan was followed and the additional stormrun-off will be bandied by the ponding area. The additional drainage area has been calculated and updeled into the existing pond area. 6. The only impact would be to a water line. It is possible that the deck area of the pool would be aver the water line. While, this is not the optimal situation, there is no ordinance against this. However, no portion of the building maybe located over the water line. There is also a storm sewer lice in the area. This will not be affected. The city is recommending that the building be located 10 feet from the statrn sewer line. No other small utilities would be affected by the building construction. 7. There were concerns raised regarding the erratic parking arrangement that occurs at the property and the poor taming movement allowance, particularly in the central portion of the plan. The fire department suggested a redesign of the parking area to better accommodate taming movements. The owner stated they would make the curb areas surmountable as well. The plan also indicates that the sidewalk in front of the moat southerly building would be removed. This removal would allow for more driving area. The divided entry area has been reviewed and as long as the fuming radius is gentle, fire equipment can make the tam into the property. RECOMMENDATION The Planning Commission nnanlmnnyly voted to recommend approval of the conditional use permit with the following conditions: 1. The pavement, re~ttrbing, and re-striping be completed no later than Tune 30, 2005. 2. The revised plan for removal of parking spaces and curbing; must be submitted prior to building pertrut issuance. 3. The building may not be constructed over any utility lines. All utility relocation is at the property owner's expense. 4. The tot lot equipment is anticipated to be replaced. It is a requirement of the R4 Zoning District that tot lot equipment is available. 5. See arty additional infomuation iu the minuus pf the one-stop-shop meeting (November 1, 2004) 6. Any entry work that enters Ole County Highway area would require a separau permit from McLeod County. Respectfully submitted, Dean ICirchvfl; Chairman Hutchinson Planning Commission Cc: Robert Boisclair, 3005 OOawa Ave- S, St. Louis Park MN 554162206 Printed on recycled paper - Q RESOLUTION NO. 12543 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION Ok' COMMUNITY BUILDING AT PLEASANT ACRES, 213 NORTH HIGH DR.. N.W. BE IT RESOLVED BY THE CITY COUNCIL OF THl~ CITY OF HUTCHINSON, MN: FINDINGS 1. Robert Boisclair, has applied for a conditional use permit to construct a 3600 square foot, single story, vaulted ceiling community building with kitchen, spa, business center and marketing office and outdoor swimming pool for the benefit of the residents of Pleasant Acres. The property is in the R4 District. LEGAL DESCRIPTION: The West Half of the South 614.54 feet of the Southeast Quarter of the Southwest Quarter of Section Thirty (30) in Townshtp One Hundred Seventeen (117) North of Range Twenty-nine (29) West being a part of Lot 21 of "Auditor's Plat of the Sou alf of Seaton Thirty ((3p) and the North half of Section Thirty-one (31), Township One~Iundred Seventeen (117) North, Range Twenty- nine (29) West," Mcleod 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, existingg and annetpated traffic conditions, and the effect on values of properties in the surrounding area and the effecf of the use an 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 aze met. CONCLUSION The City Council hereby approves the conditional use permit with the following conditions: 1. The pavement, re-curbing, and re-striping be completed no later than Tune 30, 2005. 2. The revised plan for removal of parking spaces and curbing; must be submitted prior to building permit issuance. 3. The building may not be constructed over any utility lines. All utility relocation is at the property owner's expense. 4. The tot lot equipment is anticipated to be replaced. It is a requirement of the R4 Zoning District that tat lot equipment is available. 5. See any additional information in the minutes of the on~stop-shop meeting (November 1, 2004) 6. Any entry work that enters the County Highway azea would require a separate permit from McLeod County. Adopted by the City Council this 9th day of November, 2004. ATTEST: Gary A. Plotz City Administrator Marlin D. Tergerson Mayor [i1 C~~ DLRECTORS REPORT -PLANNING DEPARTMENT To: IIutchinson Planning Commission (Persons in attendance at Planning Staff Meeting (ln bold) From: Brad Emans, I)olf Moon, Aave Hunstad, Miles Seppelt, Jacki Pillatzki, Jean Ward, Kent Z;xner, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Mark Schnobrich, Marc 5ebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Ilatten, Dick Nagy, Julie Wiscbnacll, AICP, and Bonnie Baumetz Date: November 1 , 2004 - Meetipg pate: November 8, 2004 Applicant: Robert Boisclair, Wisota LLC, property owner CONDITIONAL USE PERMIT Brier Aescription The applicant is requesting a Conditional Use Permit to construct a 3400 square £oat, single story, vaulted ceiling; community room with kitchen, spa, business center and marketing office and outdoor swimming pool for the benefit of the residents of Pleasant Acres. The propeity is in the R4 District, which requires Conditional Use Permits for all uses (Section 8.07) GENERAL INIi'ORMATION. Existing Zoning: R4 (High Density Residential) Property Location: 213 North High Drive NW Lot Sire: .39 acres Existing Land Use: High Density Residential -137 apartments AdJacent Land Use And Zoning: R2 (Low-Medium Density Residential) to the South; R4 (High Density Residential) to the East; to the North and West there is single family development which is outside city limits Comprehensive band Uae Plan: Mixed use residential Zoning History: A Conditional Use Permit was approved by the City Counci] on Tune 26, 1996, for the construction of 4 apartment buildings totaling 137 units. At the public hearing, held by the Planning Commission on June 1Hm, 1996, there was a property owner to the north questioning the security of the area and the buffer of berming and plantings on the northern properly edge. The parking requirement was also questioned and staff researched the possibility of 2 spaces per unit. It appears the parking ratio was determined at 2 spaces per unit. 1`~, Conditional Use Permit Robert $oisclalr-Pleasant Acres Planning Commission--Special Meeting, November 8, 2004 Page 2 Applicable Regulations: Transportation: SPECIAL INFORMATION Parking: Section 8.07, Hutchinson Zoning Ordinance North High 17rive Existing Site Plan Eaisting -Actual after site verificatiaq Proposed Plau (1111) Requirements per section 10.03 2D8 Outside S aces 189 Outside 5 aces 245 Outside aces 266 Resident ces 85 Gara e S ces 82 Gara e 5 aces 82 Gara e S aces 69 visitor S ces 293 Total S aces 271 Total aces 327 Tota15 ces 335 Total S aces Note that the proposed plan would be short 8 spaces, however; the original G"IJP was issued to this building to allow the parking arrangement that was provided (see minutes dated Juae 18, 1996). It seems that the plan will be adding 56 more spaces than what is available today. The Planning Commission should consider whether the amount of additional parking would be adequate to off set current parking problems and the additional parking needs created by this use. Analysis Stormwater Management The City Engineer has reviewed, in detail, the pond calculations, as it was originally constructed. The plan was followed and the additional storm run-off will be handled by the ponding area. The additional drainage area has been calculated and modeled into the existing pond area. Utilities u The only impact would be to a water line. It is possible that the deck area of the pool would be over the water line. While, this is not the optimal situation, there is no ordinance against this. However, no portion of the building maybe located over the water line. There is also a storm sewer line in the area. This will not be affected. The city is recommending that the building be located 10 fcet from the storm sewer line. No other small utilities would be affected by the building construction. Public Safety There were concerns raised regarding the erratic pazldng arrangement that occurs at the property and the poor fuming movemart allowance, particularly in the central portion of the plan. The fire department suggested a redesign of the parking area to better accommodate turning movemarts. The owner stated they would make the curb areas surmountable as well. The plan also indicates that the sidewalk in front of the mostsoutherly building would be removed. This removal would allow for more driving area, The divided entry area has been reviewed and as long as the taming radius is gentle, Fne equipment can make the turn into the property. q ~~-) Conditional YJse Permit Robert Boisclatr -Pleasant Acres Planning Commission- Special Meeting, PTovember 8, 2004 Page 3 Recommendation: Staff would recommend approval of the conditional use permit for the club house and pool area provided the following conditions are met: 1. The pavement, re~urbing, and re-striping be completed no later than June 30, 2005. 2. The revised plan far removal of parking spaces and curbing; must be submitted prior tv building permit issuance. 3. The building may not be constructed over any utility lines. All utility relocation is at the property owner's expense. 4. The tot lot equipment is anticipated to be replaced. It is a requirement of the R4 Zoning District that tot lot equipment is available. 5. See any additional information in the minutes of the one-stop~hop meeting (November 1, 2004) 6. Any entry work that enters the County Highway area would require a separate permit from McT.eod County. Cc: Robert $oisclair, property owner McLeod County Highway Department Duane Clark Mike Hennen L~ ~ c~) MINUTES `~ ~ _,__. _.. HUTCHINSON PLANNING COMMISSION `~ Tuesday, June 18, 1996 1. GALL TO ORDER 560 P M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Craig, Bill Amdt, Glenn Matejka, Roger Gilmer, Dan Prochow and Chairman Wood. Members Absent: Craig Lenz Also Present: Jim Marks, Director of Building, Planning and Zoning, Brenda Ewing, Planning Coordinator, G. Barry Anderson, City Attorney and Matt Mullins, Planning Intern. 2. N" TI MIN 7 R ME Mr. Matejka made a motion to approve the minutes of the meeting dated May 21, 1996, seconded by Mr. Arndt the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DENNIS CZECH, DMC DEVELOPMENT CO., TO GONSTRUCT THREE 30 UNIT BUILDINGS AND ONE 47 UNIT BUILDING LOCATED AT 55 NORTW HIGH DRIVE N.W, Chairman Wood opened the hearing at 5:31 p.m. with the reading of publication #4924 as published in the Hutchinson Leer on Thursday, June B, 1996. The request is for the purpose of considering a conditional use permit requested by Dennis Czech, DMC Development Co., to construct three 30 unit buildings and one 47 unit building located at 55 North High Drive N.W. Ms. Ewing commented on the checklist and review held on Friday, June 12, 1996. She stated Mr. Czech has agreed tc meet all requirements of the on-site ponding. Mr. Bennis Czech, DMC Development Co., St. Cloud, MN. stated the 137 units would be market rate apartments and they would like to break ground in July. The first phase would ba to construct the east 30 units and the first 30 garages to the northeast. We commented on their agreement regarding the park dedicatipn fees and the access approach. He stated there would be one, two and three bedroom units in the buildings which also include dens and snack bars. Jim Marko commented on the 50' setback with brems and plantings from the residential property to the north. Mr. Czech stated he will apply wkh the City Forester in the Fail for plantings for the north side. Mr. Marks stated there will be a pond design review. He also commented on the fact the project is market driven. All four buildings are included in the request however the developer may need an extension on the conditional use permit if the six month time period would lapse. Mr. Marko commented on the parking concerns and the requirements in our ordinance. He stated architects have questioned the parking ratio in Hutchinson's Ordinance and city staff will be researching the possibility of 2 parking spaces per unit. Mr. Czech stated they are anticipating to open December 1, 1996. i ~~\ +VI~G tp,t»V _......,.,......va. .~aanyaW Discussion followed on infrastructure to that area. Mr. Marko stated the stone sewer run off will be held in the pond and ditch. Sanitary is sufficient for all four buildings, There are no wetlands on the property, Ron Hommerdius, RMC Architect, stated the run-0ff is a controlled run-off, There was discussion of the pond and the guidelines. Mr. Hommerdius stated the guidelines are being followed and the plans have been submitted to the city engineer, There was discussion on the depth of the pond. Mr, Czech commented on the phasing of the play areas. Amy Rossiter, neighboring property owner to the north, commented on her concerns with security of the area. Discussion fdllowed of the market value of the apartments. Mr. Czech commented on the harming and plantings to buffer from the residential properties to the north, Mr. Arndt made a motion to close the hearing, seconded by Mr, Gilmer the hearing closed at 5:55 p,m. Mr. Craig made a motion to recommend approval of the request. Seconded by Mr. Prochnow the motion carried unanimously, b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BETHANY BAPTIST CHURCH TQ GONSTRUCT A CHURCH BUILDING LOCATED AT 850 SCHOOL RD S. Chairman Wood opened the hearing at 5:56 p.m. with the reading of publication #A925 as published in the fji~~rhinsq Lead on Thursday, June 6, 1998. The request is for the purpose of considering a conditional use permit requested by Bethany Baptist church to construct a church building located at 850 School Rd S. Ms, Ewing commented on the technical review held on June 14th noting the major issues to be resolved which include surtace water collection, parkland dedication, landscaping and hardsurtaced parking. She stated staff recommends a conceptual approval of the project and to table the conditional use permit to next month to allow Bethany Baptist to resolve the major issues on the ske. Tim Parsons, architect, commented on the site location, He commented on the diagrams handed out at the meeting and the final parking, Jim Marko commented on the ponding and stated Bethany Baptist is working toward coordination of the ponding with the Word of Life Outreach Center to the south. Mr. Parsons commented on the proposal of sharing the pending on site and an agreement between the two churches. Discussion followed of drairiage to the southwest there is a natural holding pond with a drain file in place, Mr. Parsons presented an earlier grade plan. Mr. Dennis Kahl, Bethany Baptist Church, stated there is no school planned with the church, There was discussion an the curb cut directly across from the West Elementary School. Discussion followed on the height of the building and sky lights. Mr. Marla stated the height is not a problem with the airport flight zone. They are scheduled to begin construction in July and would like authorization to' begin site grading. Mr. Marko stated the staff would like to continue the hearing to the next meeting to resolve the issues Brenda Ewing commented on earlier. Discussion followed on hardsurtacing and the requirements of the three year time limitation, Mr. Craig made a motion to continue the hearing to next month to review requirements and q~~~ ~ . ~~~,. p.,. N ~`~., ~ ~, ~~. ~~ j ~< ~ ~ ~ . ~ r'1. h p~~,~ `t - 3 1 lid L ~ y' X ~~ 'Y+ ~.{.` + 4,°, ,> fir,/ .~ ~`~,~~" i i , >r.. r .,- ,. , -c--- ..... ... - ;~ ~y'_ ~ ~ r _ f l ~ r ~ ,} ~ 1, 't:.~ ~ _° •~+r r gar=-^ i'"~ , .„*.,' s ,rr~ .~ , ~. . x r. ~ , s ~. ti r~' ~ ~ Y z ~-: ~T ~ ~ - - ~ K. Y t i ~J ~ . M1~ w. 11 ~ s ~r } ~ c x fj $" r- , n ~,' 3- T ~ "r t:.rr-i, .{• ~~"'' _ - ~ i:it ter; }~ ~ ~ .t. rr r~. ~ -~ ~ r` s ~~ 1 " > r j t. ~ 7 1.~ E~ i, i :~ L ~ ~ i t ~ yet }~ i t ~.,. ' ~ .iJ" Y 4'4'1 '14,x.. r' ~ ~ 7 Z ~ '~, ,i ~~~ I: +F C~, i. A' ! <' ~ ^~y ~-, h C 5 r r - '~. ~ ~ ' / ~, ~ ~~ 1~ ~ 1. v~~.,' ; ~+~'F `i Y ' '~ •~ f~`~s~'.` ~ ~ ~ ~ ' 'S~ 1 Y ~ n ", Vii?;' ".,r Y .~ z '~~ .'.., .. ~r ~7 r'Kv''~-~.~+ ~~ ~ ~ ~~, i H ~ ~,k .. iii T~_~ Jay y(.~" .. , ~ ~` ~ ^_ x I. y,ti 1 '.~ ~. Y`~µ~ ~~ ~y ;~ ~ ~ ~!`~ ~ ~'i y(51_. ~1n-'! ,I.. J }jL~.p- i f + ~~ ~ '~~.f; Lei .~ ~ ~ ~`~~~ ~~ ( ~~ ~` # ~ 1 1 ~ Z F ' ~ ? t 1 L~3~"'~4+~ ~! Tr. - i. , . 1; .L l1: L .! : r... •~ - ~i'L} F .. ~ ~ •;'. ,'.~ti:k~:1~S ~.? ~.f -.{ >~i' PARHING CALCULATIONS FOR PHEASANT RUN APTS. . 2X3 NORTH HIGH DRIVE updated 11/2/04 Existing Site plan - Existing - Actual After site insp Proposed plan - Revised (1l/1) 208 outside spaces 85 ara a aces 293 total spaces 189 outside spaces 82 garage spaces 271 total spaces 245 outside spaces 82 ara a ac 327 total spaces Apartment parking requirements 1 per bedroom and .5 per dwelling unit 20 (1-bedroom units) 105 (2 -bedroom units) 12 (3 -bedroom utvtsl 137 total units (266 total bedrooms) Parking spaces needed to meet requirements 266 resident spaces 6969 vises 335 total spaces needed The proposed plan would be short 8 spaces, however; the original CUP was issued to this building to allow the parking anangement that was provided (see minutes dated Tune 18, 199. q c0. 0 ii E+ o ]{I N •O in a I 0 Y N 0 b ~~ s'~o• i li ®~ . 1®'-0' wra+rnlRE BTOwece ~.~• ~~ eicn~ , ~ PiT u a~° to arcu ~~ 24'- 4 • Y~I~~ ~ ~ ~® __ ~ n'T~sn ~f_ ~~J®~ o - O a 4 '~,~{ 8WM'1RYt POCL ~._a. 0 / 29._7. Y i f 4' ' WaEaa 9-1~4 . . ~ ~ • ~i1CE g _~~ IIAIiI~'1E19 ii[Y1a ~ ^ ~ ~.a /P O C ^ ((» ' so'-a• a a'-io• ~z'-a• GOI~Rli1Y 4 _ -~ ~~jj44 -a.b i~ Y] M7I'OUY Yr ~ ~ • ~ Wa1@f m 1 2'-$~• s'-a' _s.. D_ E)ER~E~ I e0o ~ uO A GK4 coal 1 m ?OTiI COIiC. FN f T7PJ OG`} C4lL PN ~T1'PJ r urns es~oTE ,y~ ~, STATE 1lpIQ IN9b~eM sas a 1@!T5 5'-0' ar+tm A ELEVA s-o~ ~~ T EL~V roe ~ ~ rn we ~ KITH ELEVATfOH roe PRED)F;VELOPMENT NOTES PLEASANT ACRES COMMUNITY BUILDING Noverr-ber 1, 2D04 Present: Dolf Moon, John Webster, Dave Hunstad, Kent Exner, Tim Popp, Duane Clark, Mike Hennen, Brad Emans, Bob Boisclair, john Rodeberg, Calvin Lee, Lee 5teckman, Julie Wischnack and Bonnie Baumetz 7u1ie Wischnack opened the meeting with introductions and reported on the staff comments regarding parking issues. Robert Boisclair stated he is adding S6 parking spaces to the existing 189 parking spaces. He explained the additional parking spaces should bring them into compliance with the pazking regulations. He conunented on the exterior of the building with stone effects, fle stated there will be a dance floor in the building with seating for 66 up to 110 for special events. Mr. Boisclair explained there will be no charge for residents to use the facility. They are expecting to open the facility by June 1, 2005. They have also budgeted $50,000 for landscaping. Lee Steckman stated Mediacomm is served on the perimeter of the buildings and will not interfere with this development. Cal Lee also stated telephone in on the perimeter and they would come from the N.W. corner of the lot to accommodate the building. He stated they would use a common trench with utilities and Mediacomm. John Webster stated his facilities aze also on the perimeter and would come into the building from the north in as straight a line as possible. He also would run jointly with electric and telephone with one foot of separation. Electric and cable on the bottom and natural gas on top. He explained he will need the gas loads. Cal L. stated he will need to know the number of phone lines to size service. He explained 25 pair is a standard size. Discussion followed on the possibility of 50 pair. john W. stated this is a common installation. John Rodeberg commented on the tight parking and the access. He stated the water main may need to be relocated and there may need to be additional ponding for stortnwater management on the property. Robert B. stated he has calculations froth his engineer. Kent Exner explained he has concerns that the actual proposed pond was constructed. He will cotrtact Larson Engineering to confirm the pond sizing and depth. john R. stated there could be a dry pond placed on the property. ~J ~~~~ Predevelopment Notes Pleasant Acres November 1, 2004 Page 2 Robert B. explained the landscaping will include beautifying the existing pond. The fence will be removed and natural plantings added. john R. stated fencing the pond is not necessarily a positive. Robert B. commented on the name change to the complex and the new monument sign proposed on the property. Bonnie $aumetz explained a sign perrttit is required for the new sign. Jahn R. explained if the watennain is under the deck for the pool it is not au issue. However, if the watermain is under the swimming pool there is an issue. Brad Emans explained the difficulty the fire department has in getting their emergency equipment through the site with the parked vehicles in the way. He suggested assigned parking for the apartments. Jim Popp explained the driveway median must be backed up to allow equipmeut to get into the area. Robert B. stated they could not assign parking in the complex. bolf ]vloon commented on the required tot lot. Julie W. asked for the time frame of construction and stated the developer must contact the building inspector regazding the building permit application. Robert B. stated they plan on digging as soon as possible. He explained the curbing of the entry with added stalls. ac~) L November 9, 2004 Hutchinson Cit Center 111 Hassan 5lrcet SE Hutchinson, MN 55350-2522 320.587-5131/Fax 320.234.4240 Re: Flood Plain at Southfork Ridge Lots 10 thru 24, Southfork Ridge To whom it may concern: This letter is to clarify and verify that all of the building areas within the plat known as Southfork Ridge are located above the 100 year flood plain designation of the South Fork of the Crow River. The platting requirements, which were recently completed, identified the flood plain elevation 1032.74. The proposed lowest floors of the homes are no lower than 1040.5. Therefore; all of the building envelopes are well above that designation. The actual location of the 100 year flood plain, as identified on map number 270745, community panel #270616 0025 C, dated August 18, 1992, indicates the building envelopes aze not located in the flood plain. The plan and plat review was also conducted and approved by the Minnesota Department of Natural Resources. If anyone requires more information regarding this letter, please do not hesitate to contact me at 320-234-4258. Sincerely, Julie Wischnack, AICP Director of Planning/Zoning/Building Primed on rtcycled papa - i r..,_, ~. ~.:: City ~ Hutchinson City Center Ill Hassan Street 5F Hutchinson, Minnesota 55350-2522 F r.r .. . 3211729150011 GERALb & bE$RA HEINTZ 1239 ROLLING OgKS LN NW HUTCHINSON MN 55350 S 533 6 } 7 0.~~ 9.28.12 X '3 S3 NC7 ], 7p3 C C !"URWARD TIME EXP RTN Tp S HEtNtZ 7333 GALLAC,HER DR APT 117 EDTNA MN '~°tlwR35~-A5^~p RETUpN TOSENgER I I1111'II III~~II~I~I~I11111'1I1~1I~11Illlll 111 ..2 w r L ~] R55APPYR CITY OF HUTCHINSON B Gheck Number AP Pa ent Re ister with Voids Cheek Dat 11(02/2004 Ck Pate T e Check # Vendor Name Amount 11/02/2004 PK 125925 ' 101919 AMERICAN FAMILY INS CO. 128.82 11/02/2004 PK 125926 101898 EMANS, BRAD 637.15 11/02/2004 PK 125927 102fi72 FORCIER, GARY 711.55 11/02/2004 PK 125928 102129 GLAESER, 70M 933.06 7 1 /0212 00 4 PK 125929 102524 GOVERNMENT TRAINING SERVICE 455.00 11/02/2004 PK 125930 101875 GREAT WEST LIFE INS. CO. 300.00 11/02/2004 PK 125931 101872 H.R.L.A.P.R. 265.fi9 11/02/2004 PK 125932 102533 HUTCHINSON CONVENTION & VISITO 6,233.54 11/02/2004 PK 125933 102633 HUTCHINSON, CITY OF 5,990.84 11/02/2004 PK 125934 102635 HUTCHINSON,CITYOF 546.54 11/02/2004 PK 125935 103099 HUTCHINSON, CITY OF 106.51 11/02/2004 PK 125936 101873 1CMARETIREMENT7RUST 3,783.84 11/02/2004 PK 125937 101876 ING LIFE & ANN CO. 860.00 11/02/2004 PK 125938 103046 MCLEOD COUNTY RECORDER 149.50 11/02/2004 PK 125939 102449 MINNESOTA CHILD SUPPORT PAYMEN 732.54 11/02/2004 PK 125940 101903 POPP,JIM 963.94 11/02/2004 PK 125941 102096 PRUDENTIAL MUTUAL FUNDS 30.00 11 /02/2004 PK 125942 102052 QUALITY W INE & SPIRITS CO. 2641.06 11/02/2004 PK 125943 120705 R.J.L.7RANSFER 954.40 11 /02/2004 PK 125944 102263 SCOTT, W ES 950.52 11/02/2004 PK 125945 102871 8701"78, CASEY 708.20 11/02/2004 PK 125948 102627 UNIVERSITY OF MINNESOTA 190.00 28,273.70 Account N ## 28,273.70 IMMEDIATE PAYS ~J C~ ~..J 11!09!2004 PK 125895 102178 CURTIS 1000 1,357.04 11/09/2004 PK 125996 105158 CXT INC 28,500.00 11/09/2004 PK 125997 102678 DAGGETT, DgRI$ 104.00 11/09/2004 pK 125998 102488 DAY DISTRIBUTING 6,392.80 11109/2004 PK 125999 109388 DEPT OF ADMINISTRATION 171.04 11/0912004 PK 128000 102898 DEVRIES, RANDY 58.20 11/09/2004 PK 126001 119939 DEX MEDIA, INC 437.90 11/09!2004 PK 728002 105182 DOBRATZ, CHRIS 12.79 11/09/2004 PK 126003 102710 DOMINO'S PIZZA 20.22 11/09/2004 PK 726004 104084 DONOHUE & ASSOC 341.86 11/09/2004 PK 726005 120755 DOUBLE l-GRAND FORKS 298.53 11!09/2004 PK 728008 113101 DROP-N-GO SHIPPING, INC 77.28 11/09/2004 PK 128007 102647 DYNA SYSTEMS 718.43 11/09!2004 PK 126008 102343 E & 7 CONTRACTINQ 932.50 11/09/2004 PK 126009 105487 EAGLE LEGAL SERVICE 32.00 11/09!2004 PK 126010 102324 EARL F. ANpERSEN, INC 288.63 11109/2004 PK 128011 104415 EARTH TECH 7,371.27 11/09/2004 PK 126012 102354 ECOND FOODS 115.32 11/09/2004 pK 126013 102358 ELECTRO WATCMMAN 1,335.51 11109/2004 pK 126014 117838 ENGWALL, MAXINE 97.50 11/09M2004 PK 126016 120656 EVEN TEMP BUILDERS 24,500.00 11/09/2004 PK 726016 120767 EXNER, KENT 25.00 11/0912004 PK 126017 102223 FARM-RITE EQUIPMENT 185.78 11/09/2004 PK 128078 113201 FLORIDA GARDEN PRODUCTS, INC 3,587.60 11/09/2004 PK 128019 119718 FOSTER MECHANICAL 80.88 11/09!2004 PK 126020 120733 FRITH, NANCY 48.00 11/09!2004 PK 128021 102526 G & K SERVICES 2,420.88 11109!2004 PK 128022 120284 GAVIN, OLSDN & WINTERS, LTD 2,800.00 11/09/2004 PK 128023 103340 QEB ELECTRICAL INC 89.50 11/09/2004 pK 126024 102963 GENERAL REPAIR SERVICE 8,924.70 11/09/2004 PK 126026 106021 QENERAL TRADING CO 204.00 11/09/2004 PK 126026 101693 GRAHAM, MARION 8.38 11/09/2004 pK 126027 105582 GRANIT BRONZ 238.Bd 11/09/2004 PK 726028 120553 GRAVEN, DOLPRES 108.88 11/09/2004 PK 126029 113200 GREAT NgRTHERN BARK COMPANY, I 2,824.95 11/09/2004 PK 128030 101874 GRIGGS & COOPER & CO 10,386.06 11/09!2004 PK 128031 102959 QROEHLER, FLOYD 29821 11/09/2004 PK 126032 115234 HAAS, ANNELLA 110.50 11/09!2004 pK 126033 115231 HAAS, ROMAN 28.00 11109/2004 PK 126034 120739 HADLEN, GARY 49.95 11!09/2004 PK 126035 120554 MAGEN, ANGI 70.00 11/09/2004 PK 126036 120322 HAMRE, ED 8,019.84 11/09/2004 PK 128037 102451 HANSEN 01ST OF SLEEPY EYE 160.40 11/09/2004 PK 128038 110988 HASSINGER, JEANNE 68.26 11/09/2004 PK 126039 105459 HASSINGER, JOHN 88.25 11/09!2004 PK 128040 102412 HAWKINS WATER TREATMENT GROUP 169.76 11/09/2004 PK 126041 102546 HCVN-TV 8,352.33 11/09/2004 PK 126042 110505 HEAD LITES 75.82 11/09!2004 PK 128043 103059 HEMMAH, LLOYD 80.00 11/08/2004 PK 126044 702531 HENRYS FOODS INC 438.39 11Po972004 PK 128045 101815 HERMEL WHOLESALE 61.54 11/09/2004 PK 126046 102518 HILLYARD F44OR CAREJHUTCHINSDN 745.82 ~..J J 11/09/2004 PK 126099 102874 MCLAIN, DEEfTA 24035 17/09/2004 PK 126100 106668 MCIEOp COUNTY SOLID WASTE MGMT 52.80 11/D9/2004 PK 128101 102158 MCLEOD COUNTY TITLE 65.00 11/09l20D4 PK 126102 116888 MDT 1,182.05 11/D9/2D04 PK 128103 112400 MENARDS-HU7CHIN5ON 1,798.57 71/09/2004 PK 726104 103231 METRO SALES 115.90 11!09/2004 PK 128105 107547 MIES, MIKE b1.60 11/09/2004 PK 126106 104957 MIKE CHAVE3 TRUCKING 470.04 11!09/2004 PK 728107 102875 MILLER, SEDONA 117.00 11/09/2004 PK 128108 102575 MINI BIFF 84.88 11/09M2004 PK 126109 103256 MINNEAPpL13 COMMUNITY CpLLEDE BOO.pp 11/09/2004 PK 728170 170999 MINNESOTA ASSOC OF ASPHALT PAV 135.00 1 110 912 0 0 4 PK 128171 102570 MINNESOTA CHIEFS OF POLICE 375.00 11/09!2004 PK 128112 102653 MINNESOTA DEPT OF MOTOR VEHICL 3,433.80 11/0912004 PK 128113 102846 MINNESOTA bEPT OF TRANSPORTATI 189.57 11/09M20p4 PK 126114 120182 MINNESOTA DISTRIBUTING & MFp 432.84 11!08/2004 PK 728115 102477 MINNESOTA FALL MAINTENANCE EXP 220.00 11/09/2004 PK 128118 112280 MINNESOTA GREEN EXPO 75.00 1 1/0 912 0 0 4 PK 128117 105157 MINNESOTA SHREDDINf~ 84.86 1 110912 0 04 PK 128118 102583 "VOID VOID VOID VDID VOID" 11/09/2004 PK 128119 102583 MINNESOTA VALLEY TESTING LAB 18,216.80 11/08/2004 PK 128120 104454 MINNESOTA'S BOOKSTORE 49.96 11/08/2004 PK 128121 102666 MOON, DOLF 76.00 11109!2004 PK 126122 115321 MDSE, WILLIAM G 450,00 11/09/2004 PK 128123 120788 MRPA ANNUAL CONFERENCE 9DO.OD 11/09/2004 PK 128124 110363 NASH FINCH COMPANY 624.48 11!0912004 PK 126125 102850 NCL 20924 17/09/2D04 PK 126128 102591 NORTHERN STATES SUPPLY INC 358.54 11/09/2004 PK 128127 112503 NORTHLAND PALLET INC 1,820.00 11Po9/2004 PK 128128 119368 DAKCREEK RESOURCES 6,629.47 t 1/09/2004 PK 126129 103014 OFFICE 1 ONLINE 1,213.43 11/09/2004 PK 128130 101983 OLSEN, DIANE 8.63 11/09/2004 PK 128131 120735 DPLANp, ANDREA 105.OD 11/09/2004 PK 128132 102134 OUTDOOR MOTION 160.99 11/09/2004 PK 126133 115388 PAUL'S CANVAS & UPHOLSTERY REP 21.38 11/09/2004 PK 126134 102187 PAUSTIS & SONS WINE CO 4,003.30. 11/09/2004 PK 126135 101932 PELLINEN LAND SURVE`/INp 313.00 11ro9/2pp4 PK 126738 120715 PET$RSON, RANDY 583.00 11!09/2004 PK 128137 101853 PHILLIPS WINE & SPIRITS 3,145.48 11Po9/2004 PK 128138 120471 PILLATZKI, JACALYN 15.00 11109/2004 PK 126139 102597 P17'NEY BOWES INC 85.97 11/09/2004 PK 128140 102593 PLOTZ, GARY D. 222.39 11!0912004 PK 126141 102445 POSTMASTER ~ 580.00 11/09/2004 PK 128142 102445 POSTMASTER 580.00 11Po9I2004 PK 128143 120550 PRELLWITZ,CATHY 162.50 11/09/2004 PK 126144 102493 PREMIER TECH PACKA61Ntl 863.96 71!0812004 PK 128745 120754 PRIME CONNECTIONS 390.95 11/09/2004 PK 128148 102043 PRO AUTO CLEAN 80.00 11109/2004 PK 126747 102598 C1UApE ELECTRIC 251.07 1 110 9/2 0 0 4 PK 128148 102212 QUALITY FLOW SYSTEMS 2,497.43 11/09/2004 PK 126149 102052 41UALITV WINE & SPIRITS CQ. 8,81528 1 1 10 9/20 0 4 PK 128150 1D2804 R & R SPECIALTIES INC 88.50 J r~ L 11/09/2004 PK 126203 117645 WELSCH, SHANNA 20.00 11/09/20D4 PK 126204 102878 WESELpH, pHYLL15 108-88 11/09/20D4 PK 126205 102839 WEST PUBLISHING PAYMENT CTR 411.24 11/09/2004 PK 128208 103145 WICK,JUNE 29.26 71/D9/2004 PK 128207 105258 WILKENS INDUSTRIES 1,750.00 11/09/2004 PK 1262D8 105258 WILKENS INDUSTRIES 1,750.00 11/09/2004 PK 128209 105258 WILKEN31NDU3TRIE3 102.45 11/09/2004 PK 126210 103452 WINE COMPANY, THE 857.40 11/09/2004 PK 128211 101884 WITTE 3Ob 132.00 11/09/2004 PK 126212 102640 WM MUELLEq & SON$ 182.54 11ro9/2004 PK 126213 102840 WM MUELLER & SON5 82.30 11/09/2004 PK 126214 102840 W M MUELLER & SON5 118,828.06 11/D9/2004 PK 128215 119211 WORK CONNECTION, THE 5,189.OD 11/D9/2004 PK 128218 103491 WRI6HT, PAT3Y 188.60 11/09/2004 PK 126217 102632 XERpX CORP 1,134.13 11/09/2004 PK 128218 105571 ZEP MANUFACTURING CO 758.22 820,785.20 Account Nu N 920,795.20 C~