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cp05-25-2004 c
AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MAY 25, 2004 1. CALL TO ORDER — 5:30 P.M. 2, INVOCATION — Rev. Kevin Oster, Our Saviors Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF MAY 11, 2004 (b) BOARD OF EQUALIZATION MINUTES FROM MAY 13, 2004 (c) BID OPENING MINUTES OF MAY 13, 2004 (d) BID OPENING MINUTES OF MAY 14, 2004 (e) BID OPENING MINUTES OF MAY 21, 2004 Action - Motion to approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. P10NEERLAND LIBRARY SYSTEM BOARD MINUTES FROM MARCH 18, 2004 2, HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM APRIL 20, 2004 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 20, 2004 4. HUTCHINSON PLANNING COMMISSION MINUTES FROM APRIL 20, 2004 5. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR APRIL 2004 6. CITY OF HUTCHINSON WATER AND WASTEWATER FINANCIAL REPORT FOR APRIL 2004 7, CITY OF HUTCHINSON GENERAL FUND FINANCIAL REPORT FOR APRIL 2004 8. CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2004 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 03 -361 — HIGHWAY 7 ACCESS MANAGEMENT OVERLAY ORDINANCE (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 04-374 —AN ORDINANCE GRANTING A FRANCHISE TO AMERICAN PAYMENT CENTERS TO PLACE A PAYMENT CENTER OVER AND ABOVE CERTAIN PROPERTIES LOCATED ON PUBLIC PROPERTY AT 111 HASSAN STREET SE (SECOND READING AND ADOPTION) rNrrcK.lnitfAli .U91921i7 =,T9fNPAAM110F1 • 3. ORDINANCE NO. 04-376 -AN ORDINANCE AUTHORIZING THE SALE OF A PORTION OF PUBLIC PROPERTY TO EARTHLY DELIGHTS, LTD. (STATE THEATRE PROJECT) (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JUNE 8, 2004) 4. RESOLUTION NO. 12420 - RESOLUTION APPOINTING AND DESIGNATING THE COMMISSIONER OF TRANSPORTATION AS AGENT FOR THE CITY OF HUTCHINSON FOR THE PURPOSE OF CARRYING OUT FEDERALLY FUNDED AIRPORT IMPROVEMENT PROJECTS 5. RESOLUTION NO. 12421 - RESOLUTION FOR PURCHASE 6. RESOLUTION NO. 12422 - RESOLUTION RELEASING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO. (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY PEACE LUTHERAN CHURCH TO USE PROPERTY LOCATED AT 400 GLEN STREET SOUTH (FORMER HANTGE FUNERAL CHAPEL) FOR CLASS ROOMS AND MEETING ROOMS LOCATED IN THE R2 DISTRICT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENADTION (ADOPT RESOLUTION NO. 12411) 2, CONSIDERATION OF VARIANCE REQUESTED BY 3 -D CNC LOCATED AT 10555'" AVENUE SE TO REDUCE SIDE YARD SETBACK FROM 20 FEET TO 17 FEET FOR THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING NONCONFORMING BUILDING AND REDUCE PARKING SPACE LENGTH BY TWO FEET WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION . NO. 12412) 3, CONSIDERATION OF VARIANCE REQUESTED BY BARRY OLSON TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 18 FEET FOR THE CONSTRUCTION OF A COVERED ENTRY LOCATED AT 304 COLLEGE AVENUE NE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12413) 4, CONSIDERATION OF VARIANCE REQUESTED BY DAVID BROLL TO INCREASE LOT COVERAGE REQUIRMENTS FROM 35% TO APPROXIMATELY 37% FOR CONSTRUCTTON OF FOUR- SEASON PORCH ON TOWNHOUSE LOCATED AT 70 ORCHARD AVENUE SE WITH STAFF RECOMMNEDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12414) S. CONSIDERATION OF VARIANCE REQUESTED BY RANDALL AND EDITH CARLSON TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 8.8 FEET FOR THE CONSTRUCTION OF ADDITION TO EXISTING NONCONFORMING DUPLEX LOCATED AT 426 HURON STREET SE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12415) 6. CONSIDERATION OF VACATION OF LOUISIANA STREET AND THE 1,0 FOOT UTILITY AND DRAINAGE EASEMENT DIRECTLY TO THE WEST OF THE STREET REQUESTED BY LEO SAND, SAND PROPERTIES WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04 -377 FOR JUNE 8, 2004) 7. CONSIDERATION OF CONDITIONAL USE PERMIT AND VARIANCE REQUESTED BY SCOTT GLASER TO CONSTRUCT A RETAINING WALL IN THE EASEMENT AND TO • REDUCE SIDE YARD SETBACK ONE FOOT TO CONSTRUCT A HARDSURFACED DOG CITY COUNCIL AGENDA —MAY 25, 2004 WALK FOUR FEET FROM PROPERT LINE LOCATED AT 785 ROBERTS STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12416 AND 12417) 8. CONSIDERATION OF A THREE -LOT PRELIMINARY PLAT TO BE KNOWN AS HUTCHINSON FIFTH AVENUE INDUSTRIAL PARK SUBMITTED BY THE HUTCHINSON EDA WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12418) 9. CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 8.01 REGULATING EXISTING TWO FAMILY HOMES IN THE SINGLE FAMILY RESIDENCE DISTRICT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 04 -379 FOR JUNE 8,2004) 10. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS SOUTHFORK RIDGE SECOND ADDITION WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12419) (d) LETTING NO. 4, PROJECT NO. 04 -04 (5TH AVENUE SE /INDUSTRIAL PARK) - DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT - HEARING ON PROPOSED ASSESSMENT (e) LETTING NO. 5, PROJECT NO. 04-05 (ROLLING MEADOWS EAST) - DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT . HEARING ON PROPOSED ASSESSMENT WAIVING HEARING ON PROPOSED ASSESSMENT ADOPTING ASSESSMENT ACCEPTING BID AND AWARDING CONTRACT (f) LETTING NO. 8, PROJECT NO. 04-09 (RAVENWOOD WEST) - DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT WAIVING HEARING ON PROPOSED ASSESSMENT ADOPTING ASSESSMENT ACCEPTING BID AND AWARDING CONTRACT (g) LETTING NO. 10, PROJECT NO. 04 -12 ( HUTCHINSON MUNICIPAL AIRPORT) - ACCEPTING BID AND AWARDING CONTRACT (h) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT APPLICATION FOR RICHARD SEIPEL DBA THE COUNTRY STOP (i) CONSIDERATION FOR APPROVAL OF PEDDLER'S LICENSE AND FEE ADJUSTMENT FOR GERALD JOHNSON TO SELL NOVELTIES AT THE JAYCEE WATER CARNIVAL ON JUNE 20, 2004 (j) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR HUTCHINSON AREA FOUNDATION FOR HEALTH CARE ON AUGUST 9, 2004 . (k) CONSIDERATION FOR APPROVAL OF AWARDING RECREATION CENTER =COUNCIL AGENDA —MAY 25, 2004 . FLOORING BID Action — Motion to approve consent agenda 6. PUBLIC HEARINGS — 6:00 P.M. 7. COMMUNICATIONS REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION OF A LOT SPLIT LOCATED AT 165 5Tn AVENUE NW AS REQUESTED BY PAUL BETKER WITH UNFAVORABLE STAFF RECOMMENDATION AND UNFAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 12390) Action — Motion to reject — Motion to approve 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF REQUEST FOR PROPOSALS FOR WATER SYSTEM MASTER PLAN AND WASTEWATER FACILITY OPERATIONAL SUPPORT AND ANALYSIS Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF 2004 RECLASSIFICATION REQUESTS • Action — Motion to reject — Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. ADJOURN is m . MINUTES REGULAR MEETING -- HUTCHINSON CITY COUNCIL TUESDAY, MAY 11, 2004 1. CALL TO ORDER — 5:30 P.M. ayor Mar in orgerson caffe—dTe meeting to order. Members present were Kay Peterson, Jim Haugen, Bill Arndt and Casey Stotts. Others present were G Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Engineering/Public Works. 2. INVOCATION -• Rev. Brian Brosz, Congregational •- UCC Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF APRIL 27, 2004 Minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2004 2. HUTCHINSON PUBLIC LIBRARY MEETING MINUTES FROM MARCY 22, 2004 • 3. COMPOST SITE ADVISORY BOARD MINUTES FROM APRIL 21, 2004 4. BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2004 5_ HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR MARCH 2004 6. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR MARCH 2004 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12407 — SENIOR DEFERRAL 2. RESOLUTION NO. 12408 — RESOLUTION FOR PURCHASE (c) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 62nd ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 14 — 20, 2004 (d) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR T.A.P. ENTERPRISES TO CONDUCT A TOOL SALE AT THE BEST WESTERN VICTORIAN INN ON MAY 25, 2004 (e) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH THE SOUTHWEST METRO DRUG TASK FORCE (f) TERM ON -SALE NON-INTOXICATING MALT LIQUOR LC ENSE FOR ST. AND SHORT- TERM CATHOLIC CHURCH FOR SEPTEMBER 11 & 12, 2004 (g) CONSIDERATION FOR APPROVAL OF USING CITY RIGHT -OF -WAY FOR THE FARMERS a(0.) CITY COUNCIL MINUTE'S —MAY 11, 2004 MARKET LOCATED ON FIRST AVENUE • (h) CONSIDERATION FOR APPROVAL OF USING CITY RIGHT -OF -WAY FOR POPCORN WAGON LOCATED TN LIBRARY SQUARE (i) LETTING NO. 5, PROJECT NO. 04 -05 (ROLLING MEADOWS EAST) - RECEIVING REPORT AND CALLING FOR HEARING ON PROPOSED IMPROVEMENT (j) CONSIDERATION FOR APPROVAL OF SUBDIVISION AGREEMENT ON RAVENWOOD WEST (k) CONSIDERATION FOR APPROVAL OF SUBDIVISION AGREEMENT ON ROLLING MEADOWS EAST Items 5(g) and 50) was pulled for further discussion. Motion by Arndt, second by Stotts, to approve consent agenda with the exceptions of Items 5(g) and 50). Motion carried unanimously. Item 5(g). Council member Haugen explained that the alley is essentially closed off when the Farmers Market is open Wednesday afternoon. The alley way is used for delivery trucks to businesses on Main Street. A loading/unloading area will be designated in the parking lot to aid with resolving this issue. John Rodeberg will bring a resolution back to the next Council meeting to address this issue. • Motion by Haugen, second by Peterson, to approve using city right -of -way for the Farmer's Market on First Avenue. Motion carried unanimously. Item 50). Council member Arndt stated asked if there was any protection for the Fairgrounds when they hold events that have noise, etc. This development doesn't currently have any provisions related to this because it is not adjacent to the Fairgrounds, however language can be added to include provisions related to noise, etc. that may occur in this neighborhood. Motion by Arndt, second by Peterson, to approve the Ravenwood West subdividers agreement with the addition of including disclaimer language related to noise in the neighborhood directly related to the Fairgrounds. Motion carried unanimously. 6. PUBLIC HEARINGS— 6:00 P.M. (a) CONSIDERATION OF FRANCHISE AGREEMENT WITH AMERICAN PAYMENT CENTERS FOR DRIVE -UP PAYMENT CABINETS LOCATED AT 111 HASSAN STREET SE John Rodeberg explained that the current payment centers are located on Main Street and the owners of the cabinets are looking for another location. They have recluested of the City to place the same type of payment cabinets at the City Center located where the City Center's current payment centers are. They would charge the City no fee for placing a payment slot in the cabinet and would maintain the payment center. The franchise fee and the number of years needs to be decided on. Five years was suggested for the initial franchise length. . Bill Arndt questioned the direction of traffic and the increased amount of traffic. John Rodeberg did not think it would be an issue. 2 (r� La) CITY COUNCIL MINUTES — MAY 11, 2004 • Motion by Peterson, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Peterson, second by Haugen, grant a franchise to American Payment Centers for drive -up payment cabinets to be located at 111 Hassan Street SE (City Center) for five years, but waive franchise fee (this is the first reading of the ordinance granting a franchise agreement, with the second reading and adoption scheduled for the May 25, 2004, Council meeting). Motion carried unanimously. (b) CONSIDERATION OF DISBURSING PUBLIC PROPERTY TO EARTHLY DELIGHTS, LTD (STATE THEATER PROJECT) FOR THE PURPOSE OF CONSTRUCTING A GARAGE LOCATED AT 35 WASHINGTON AVENUE EAST Julie Wischnack, Director of Plaiming/Zoning/Building, presented before the Council. Ms. Wischnack explained that at the last Council meeting a request was made by the owner of the State Theatre to construct a garage directlybehind and attached to the State Theatre building, which would be on public property. A couple of options to achieve this would be to sell a piece of the property to the property owner or grant a franchise to the property owner for a certain amount of years. Red McMonagle, property owner, explained that the main intention of constructing the garage is to place the 11 units of HVAC equipment on top of the garage due to the fact that the roof of the building is not stable enough. Mayor Torgerson noted that a letter had been received from Piehl, Hanson, Beckman, who is also housed on this block. This firm is in opposition to the request of selling the property for this purpose. This parking lot was originally funded by property owners through assessments. The City did add additional parking after this assessment project. John Rodeberp stated that staff feels that by allowing this it would not set a precedent since it is a . safety and feasibility issue to a historic building. In addition, the funds received from the purchase of the property will be used to recreate three parking spaces in the downtown area. Julie Wischnack stated that a parking study was completed several times of this parking lot and it was occupied 62% of the time. Tom Inglis, downtown property owner, stated that he is not opposed to this sale of this property for this purpose. However, he does feel that there is a parking problem in the area and noted that there is a lot available to the east of the current parking lot at issue that could possibly be used to create another parking lot. Mr. Inglis stated that he had inquired of the property and the asking price is approximately $160,000. Scott Powell, owner of Hutch Auto Body, asked if he would be given the same opportunity (to purchase parking spaces). Motion by Arndt, second by Peterson, to close the public hearing. Motion carried unanimously. Kay Peterson stated that this is a brand new endeavor and policy issues will need to be worked out. Mayor Torgerson stated that he feels Mr. Powell should have the same opportunity to buy parking spaces just like Mr. McGonagle. Julie Wischnack clarified that the use of these spots is for parking, as it will be used for tenants of the building. Jim Haugen suggested having annual parking permits for future uses. • Kay Peterson slated that she feels that this is an unusual instance, and the safety considerations of the HVAC units need to be considered. CITY COUNCIL MINUTES — MAY 11, 2004 Motion by Stotts, second by Peterson, with Haugen abstaining, to approve selling three parking spaces to Miles McGonagle at the price of $12 per square foot for parking spaces and construction of a garage. Motion carried unanimously. (c) CONSIDERATION OF APPROVING THE GRANTING OF A BUSINESS SUBSIDY TO HUTCHINSON PROPERTIES, LLC HUTCHINSON HOTEL PROJECT) AND APPROVING THE FORMS OF A BUSINESS SUBSIDY AGREEMENT Lisa McClure, Interim EDA Director, presented before the Council. Ms. McClure explained that the purpose of this public hearing is because, according to state statute, a public hearing must be held when a subsidy is being granted in excess of $100,000. The subsidy will be used to rehabilitate the Hutch Hotel building, which will help increase the tax base of the area. Ms. McClure covered items included in the business subsidy agreement. Motion by Stotts, second by Peterson, to close the public hearing. Motion carried unanimously. Motion by Stotts, second by Peterson, with Haugen abstaining, to grant a business subsidy to Hutchinson Properties, LLC, and approve a business subsidy agreement with Hutchinson Properties, LLC. Motion carried unanimously. 7. COMMUNICATIONS, REQUESTS AND PETITIONS 8. UNFINISHED BUSINESS (a) CONSIDERATION OF A LOT SPLIT LOCATED AT 165 5TH AVENUE NW AS REQUESTED BY PAUL BETKER WITH UNFAVORABLE STAFF RECOMMENDATION AND UNFAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION • NO. 12390) This item was requested to be deferred by the applicant until the second Council meeting in June. Gary Plotz stated that the applicant has requested this deferment in order to have time to look at different options. The extension of the application has been approved by staff as required by state statute. Motion by Peterson, second by Stotts, to defer this item to June 22, 2004. Motion carried unanimously. (b) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS SOUTHFORK RIDGE SUBMITTED BY FARR DEVELOPMENT WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 1239 1) Julie Wischnack stated that the survey of this property has been clarified. Ms. Wischnack also stated that there is a declaration in the final plat and subdividers agreement in relation to noise, odor, industrial uses, etc. Motion by Haugen, second by Arndt, to approve final plat of Southfork Ridge. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF PUBLIC WORKS REORGANIZATION John Rodeberg explained that this reorganization has been in the planning/development stages for approximately 18 months. Mr. Rodeberg further explained that the goal of this reorganization is to . have teams put together to better operate the public works department. 4 L 0 CITY COUNCIL MINUTES — MAY I L 2004 Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing stated that the • approval staff is seeking tonight will complete the final stages of the reorganization. The final stages include appointments and reclassifications of new job titles and redefining of job descriptions. Motion by Arndt, second by Peterson, to approve the final stage of the Public Works reorganization. Motion carried unanimously. (b) CONSIDERATION OF POLICE CIVIL SERVICE COMMISSION RECOMMENDATION FOR POLICE CHIEF POSITION Mayor Torgerson stated that the City Administrator, as defined in the City Charter, has the authority to hire all positions. Mr. Plotz explained that historically the City Council and other Commissions have been involved in the interviewing process when hiring director -level positions. Marc Sebora explained the process that had been used in the recruitment of this position. The final recommendation of the Police Commission is to hire Daniel Hatten as the Police Chief. Bob Bowen, Police Commission, stated that a correction will be made in a story that was published in the Hutchinson Leader today regarding the Police Commission appointment. Mr. Bowen stated the vote of the Police Commission was 2 -1 in favor of Daniel Hatten. Mr. Bowen explained the safety precautions that the Hutchinson police department currently has in place. Motion by Arndt, second by Haugen, to offer employment to Daniel Hatten for the position of Police Chief of Hutchinson. Casey Stotts thanked the Police Commission for all of their work on this project. Motion carried unanimously. • (c) CONSIDERATION FOR APPROVAL OF MEMO OF UNDERSTANDING ON FORMER PROPERTY TRANSFER TO SOUTHWEST MINNESOTA FOUNDATION john Rpdeberg explained that staff has been working on acquiring railroad propertynear the river for quite some time. The property in question is near bale's Auto. Dale's Auto in tends to sell this property tv the Southwest Minnesota Foundation. A Memo of Understanding needs to be drafted that would state it is the City's intention to sell this property to Southwest Minnesota Foundation when it has been transferred from the Rail Authority . Mr. Rodeberg's goal is to be able to take formal action on this by the June 8, 2004, Council meeting. Motion by Peterson, second by Stotts, with Haugen abstaining, to approve a Memo of Understanding on the transfer of the railroad property to the Southwest Minnesota Foundation. Motion carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS Bill Arndt — Mr. Arndt informed residents that parks are not to be used as a "bathroom facility" for their pets. Please pick up after them. Gary Plotz — Mr. Plotz informed the viewing audience that an informational meeting had been scheduled prior to the Council meeting covering the liquor store project. A presentation will be made at the next Council meeting. John Rodeberg_ Mr. Rodeberg explained that on May 21" from I 1 am — fpm a Highway 15 Corridor . Coalition meeting will be occurring. Discussion will be had on preserving this corridor. t- (0.) CITY COUNCIL MINUTES - MAY 11, 2004 Mayor' orgerson - Mr. Torgerson reminded the Council that a Board of Review meeting is set for May 13 at 4 :30 p.m. Lisa McClure reminded the Council that. a meeting will be occurring next week with downtown property owners regarding the street light project. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Peterson, second by Stotts, to approve claims, appropriations and contract payments. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at 6:35 p.m. 0 F- 1 � J � La Board of Equalization May 13, 2004, 4:30 p.m. . Mayor Marlin Torgerson called the meeting to order at 4:30 p.m. Members present were Kay Peterson, Casey Stotts, and Jim Haugen. Member absent: Bill Arndt. Others present were Hal Kirchoff, McLeod County Assessor and Sue Schultz, McLeod County Assessor's Office. The Board opened the floor to concerned citizens. None were presented. Mobile Homes Sue Schultz presented two recommended mobile home assessment changes. Both of the mobile homes were assessed higher than the price they were purchased for. Ms. Schultz recommended reducing the market valuation to the purchase price. Motion by Peterson, second by Haugen to approve reducing the mobile home valuations to the purchase price. Motion carried unanimously. Residential Property Sue Schultz presented a recommendation on property owned by Richard & Beverly Popp on Osgood Avenue. The Popp's had installed /replaced a new window instead of a door as noted, therefore the value should not be as high. Therefore Ms. Schultz is recommending the market valuation be lowered to reflect this. Motion by Peterson, second by Stotts, to reduce the market valuation on the property by approximately $5,000. Motion carried unanimously. Another residential property presented by Ms. Schultz was on property owned by James & Ordella Micke. Ms. Schultz is recommending that an $800 reduction be approved due to the ceiling not being complete in the basement.a 5% reduction be taken off of the market value. Ms. Schultz explained that this property may have been valued higher than the market because twin homes are continually getting higher in the market. Motion by Haugen, second by Hoversten to lower the market valuation 5 %. Motion carried unanimously. Another residential property presented by Ms. Schultz was on property owned by Roxanna Boe. The home has had settling problems and trouble with a remodeled bathroom. Due to these issues, Ms. Schultz is recommending a 5% reduction to the value of the home. Motion by Peterson, second by Stotts, to lower the market valuation 5 %. Motion carried unanimously. • The last residential property presented by Ms. Schultz was on the Morningside Drive property. Ms. Schultz received a complaint from an owner of one of the townhomes included in this development stating that her value was higher than her neighbors, which did not seem right to her. Ms. Schultz explained that each building is on a different sized lot, but that they all pay the same Association fee. The options Ms. Schultz recommended to solve the problem of differing valuations was to 1) lower all the values to the lowest value; 2) take the average land value • which would raise some property values and lower some others; 3) leave the issue alone and reassess in 2005. Motion by Haugen, second by Peterson, to approve Option 3, leave the issue alone for this year and reassess in 2005. Motion carried unanimously. Commercial Pronert y Ms. Schultz presented information on the Rexall Drug building located on Hassan Street. This building currently has three spaces that are vacant and the building needs various improvements. Ms. Schultz is recommending a 20% reduction, however even with the reduction, the valuation is still higher than last year's. Motion by Peterson, second by Haugen, to approve the 20% reduction on the Rexall Drug building. Motion carried unanimously. The second piece of commercial property Ms. Schultz presented on was the Hassan Valley Lodge located on Main Street. Ms. Schultz is recommending approximately $30,000 in reduction due to this building on Main Street not being an income - producer. Motion by Stotts, second by Haugen, to reduce the value of the Hassan Valley Lodge building by 13 %. Motion carried unanimously. • Hal Kirchoff, County Assessor, distributed information received by an agent of Shopko. The information basically requested that the valuation of 2003 be reinstated. Further information provided by Shopko compared this store with other stores. Due to the business of the store, Mr. Kirchoff explained that it is compared in valuation to the stores located on the south end of town (WalMarl, Target, etc.). No action was taken on this item. With no further business to discuss, a motion was made by Haugen, seconded by Peterson to adjourn. The meeting adjourned at 5:20 p.m. Marlin Torgerson Mayor C� 046OWW" Gary D. Plotz City Administrator (A 1b) 0 • • MINUTES BID OPENING RECREATION CENTER FLOOR MAY 13, 2004 Present: Ken Merrill, Finance Director, Mary Haugen, Facilities Manager and Melissa Starke, Recorder. Ken Merrill, Finance Directtr, called the bid opening to order at 2:03 p.m.. Mr. Merrill dispensed with the reading of the publication of the Advertisement for Bids on Recreation Center Floor. Mr. Merrill noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities as signed by Gary D. Plotz. The following bids were opened and read: Kiefer Specialty Flooring Zion, Illinois Bid Amount $127.406.00 The bids were referred to staff for review and a recommendation. They intend to be in front of the City Council for awarding on May 25, 2004. The bid opening adjourned at 2:06 p.m. 1:1 00:61`VI Gary D. Plotz, City Administrator Marlin Torgerson, Mayor LA (0 • BID OPENING 05/1412004 LETTING NO. 41PROJECT NO. 04-04 LETTING NO. 101PROJECT NO. 04-12 05114/2004 City personnel present at the bid opening were Ken Merrill, Finance Director Patrice Vander Veen, Engineering and Quentin Larson, Engineering. Also present was Dick Potz of SEH Inc, Consulting Engineer for Letting 4. Kenneth Merrill called the Bid Opening to order at 2:07pm. There being no objection, the reading of Publication No. 7177, Advertisement for Bids for Letting No. 4 /Project No. 04 -04 — 5th Ave SE was waived and the following bids were opened and read aloud: Rickert Excavating of Brownton MN $179,552.70 Juul Contracting Company of Hutchinson MN $205,940.20 R & R Excavating Inc of Hutchinson MN $208,906.00 Ford Construction of Excelsior MN $242,696.00 There being no objection, the reading of Publication No. 7176, Advertisement for Bids for Letting No. 10 /Project No. 04 -12 — 2004 Airport Improvements was waived and the following bids were opened and read aloud: Duininck Bros Inc of Prinsburg MN $174,939.36 Wm Mueller & Sons Inc of Hamburg MN $218,475.20 Reiner Contracting Inc of Hutchinson MN $220,101.10 Bauerly Companies of Sauk Rapids MN $261,437.84 R & R Excavating Inc of Hutchinson MN $262,282.01 All bids were turned over to the Engineering Department for checking and tabulation of the bids. Bid Opening closed at 2:21 pm. �-� �d� 0 0 11 MINUTES BID OPENING LETTING NO.S /PROJECT NO. 04-05 MAY 21, 2004 Present: Ken Merrill, Finance Director and Melissa Starke, Recorder Ken Merrill, Finance Director, called the bid opening to order at 10:10 a.m. Mr. Merrill dispensed with the reading of Publication No. 7180, Advertisement for Bids, Letting No. 5, Project No. 04 -05. Mr. Merrill noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities as signed by Gary D. Plotz. The following bids were opened and read: Duininck Bros Inc Prinsburg, Minnesota Northdale Construction Rogers, Minnesota R &R Excavating Hutchinson, Minnesota R.P. Utilities Inc. Annandale, Minnesota Rickert Excavating Brownton, Minnesota Wm Mueller & Sons Inc Hamburg, Minnesota Bid Amount $653.369.03 Bid Amount $724.345.24 Bid Amount $658,582.60 Bid Amount $745,928.95 Bid Amount $662,665.90 Bid Amount $699.043.45 The bids will be referred to staff for review and a recommendation. BID OPENING LETTING NO. 8 /PROJECT NO. 04 -09 MAY 21, 2004 Present: Ken Merrill, Finance Director and Melissa Starke, Recorder (e) r1 L J LJ Ken Merrill, Finance Director, called the bid opening to order at 10:10 a.m. Mr. Merrill dispensed with the reading of Publication No. 7181, Advertisement for Bids, Letting No. 8, Project No. 04 -09. Mr, Merrill noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities as signed by Gary D. Plotz. The following bids were opened and read: Duininck Bros Inc Prinsburg, Minnesota 7uul Contracting Hutchinson, Minnesota Northdale Construction Rogers, Minnesota R &R Excavating Hutchinson, Minnesota Rickert Excavating Brownton, Minnesota Bid Amount $372,617.50 Bid Amount $376,734.65 Bid Amount $413,835.06 Bid Amount $402.106.50 Bid Amount $412.773.50 The bids will be referred to staff for review and a recommendation. The bid opening adjourned at 10:20 a.m. 041YOl.` N Gary D. Plotz, City Administrator Marlin Torgerson, Mayor Ui (<)- PIONEERLAND LIBRARY SYSTEM BOARD MEETING March 1 S, 2004 The March 18 2004 meeting of the Pioneedand Library System board was called to order at 7:30 pm in the Willmar Public Library meeting room by Chair John Baker. Roll was passed and a quorum announced. Guests are Dave Lauritsen, the head librarian of the Montevideo library and Sue Hilgert, the head librarian of the Olivia library. Eric Weiberg added VI-A.5 Capitalization Policy change to agenda. John Baker noted that the SAMMIE governing board item VI II.A. i. is information, not action. 2 members are going off the SAMMIE board, Let John or Kathy know d you are Interested in going on. Garrison Hale motioned to approve the agenda as changed. Second by AI Clouse. Carried. The executive board members are to meet after the meeting to set up a meeting time. AI Clouse motioned to approve the February 18, 2003 minutes. Second by Vem Slivernale. Carded. Scott Van Buren from Westberg Elschens & Van Buren presented on the 2003 audit. The auditors gave PLS a dean opinion on the audit. He also explained Items in the audit. There will be changes in the future due to the implernerttattan of a new accounting procedure by PLS that brings public sector audits more in line with commercial auditing procedures. There were questions from the board and discussion. Approval on the audit will be requested at the April meeting of the board. Eric we berg presented for the Finance Committee. Weiberg motioned to accept the Feb. 04 financial report. Second by Jack Johnson, Carried. Weiberg motioned to approve the Bills and Check registers. Second by At Clouse. Carried. Due to Kathy retiring this summer, we need to transfer the codification database funds to another system as Kathy has, to date administered the database. The funds are to be transferred to Arrowhead Library System. These are State monies PLS gets for hosting the Volunteer librarian certification program and PLS will not have the staff after Kathy leaves. Weiberg motioned to approve the transfer of the funds to Arrowhead. Second by Herb Rotunda. Carried. Weiberg motioned to approve the MN Public Library Report 2003. Second by Les Potas. Carried. This is an annual statistical report all library systems must file. Weiberg motioned to increase capitalization items to $15H from $500 for depreciation to cover new computer cost Second by Vem • Sllvemale. Carried. Ivey Vonderharr presented for the Personnel Committee. She requested that everyone get their Hal of Fame nominations In to the committee ASAP. The banquet will be held April 15 in Hutchinson. Garrison Hale presented for the Negotiation. Negotiation committee needs to meet after current meeting to set a meeting date. The draft should be done by April, The group had discussed a number of topics tiiduding Health Insurance, Salary Schedule, Overtime, Longevity and Re- Cedification/Renewal. There has also been a request that the meetings be in the evening rather than during the day. Dir. Houlahan queried whether the board would need to hold a special meeting after April 15m to approve the draft At this time doesn't appear to be necessary. Jeff Lopez presented for Labor Management. This comrruttee would also like to meet during evenings rather than the day. Sue Hilgert speaking for the librarians agreed. The committee is reviewing the Labor Management By -laws and will discuss the make-up of committees. Garrison Hale presented for the Directors Evaluation ad hoc committee. Issues that came up were setting goals and objectives and how to handle them and the re- distribution of work after Kathy leaves. There was no old Business. At Clouse explained the SAMMIE Board. He and Herb Rotunda have terms expiring and we need two new members by June. The executive committee will choose new members by that board meeting. State Library Development Services (LDS) also has openings for representatives from our area. This service manages the federal dollars given for state library systems. The Advisory council meets 4 times per year and we need to recommend names for selection. Gary Johnson nominated Vem Silvemate and AI Douse nominated Garrison Hale. Nominations ceased. Ivey Vonderharr motioned to submit both names to LDS. Second by At Clouse. Carried. • 5 (C�)� Dir. Houlahan presented the director's report. Kathy's official retirement date Is June 30, 2004. At the erector's meeting, the topic of oaths of office for board members came up. There was some discussion on this. We will check . with several attorneys for opinions. There is a Libraries are Essential grant writing workshop on March 24 if anyone is Interested. Personnel Committee will meet 3130/04 at 5:30. The executive committee will meet 4122104 at 6:30. The labor management committee set a tentative date of 4/27 at 6:30. Weiberg motioned to adjourn, Second by Jeff Lopez The meeting adjourned at 8:40. Stacey Schuette Secretary • 5 Lc�) � PIGNEERLAND LIBRARY SYSTEM BOARD MEETING Big Stone County March 18, 2004 Number of signatories with appointed representatives: 24 Quorum of signatories: 13 Kandiyohi County Signatories present[ 18 McLeod County Present: Meeker County Jack Johnson Chippewa County Jeffrey Lopez Chippewa County Stacy Grothem Kandiyohi County Ivey Vonderharr Lac qui Parle County Stacey Schuette McLeod County Paul Setzepfandt Renville County John Baker Swift County Gary Johnson Yellow Medicine County Herb Rotunda Appleton Dr. Les Potas Benson Vern Silvernale Dawson Julie Jury Granite Falls Sarah Groves- Speece Hector Jack Sandberg Hutchinson Lowell Broberg Kerkhoven Pam Dille Litchfield • Garrison Hale Al Clouse Madison Olivia Mary Huesing Willmar Eric Weiberg Willmar Absent: Alvin Maas Big Stone County Dean Shuck* Kandiyohi County Diane Beck" Kandiyohi County Grant Knutson McLeod County Amy Wilde' Meeker County Joan Reckdahl• Meeker County Neva Kamrath Canby Lowell Ueland* Glencoe Art Abel Gracaville Herman Hannemann* Hutchinson Jim Schueller* Renville Daniel Reigstad• Willmar "excused absence C� J r _)(0- � BOARD OF DIRECTORS MEETING — April 20, 2004 Hospital — Conference Room A/B Members present were: Chairperson, Steve Snapp; Vice Chairperson, Wayne Forhm Sherry Ristau, Trustee; Kay Peterson, Trustee; Bernie Knutson, Trustee; Mike Mueller, Trustee; Dr. Cate McGinnis, Chief of Staff; and Others present were: Philip Graves, President; Pam Larson, Finance, Information, and Material Services Division Director; Robyn Erickson, Care and Program Support Services Division Director; Jane Lien, Acute Care Programs and Services Division Director; Andey Rasmussen, McGough Construction; Dr. Steven Mulder, Director of Medical Affairs; Brian Weinreis, Vice President, Hospital and Speciality Operations, Allina Hospital Systems; Dan Vandenberghe, McGladrey & Pullen; Cary Linder, Foundation Director; Carol Stark, Foundation President; Doug Hanneman, Hutchinson Leader; Marc Sebora, City Attorney; and Corrinne Schlueter, Recorder. Prior to the meeting, several board members were provided, in the Operating Suite, a demonstration on the use of the Omnicell Medication Automation System. Dawn Haugen, Pharmacist, explained the various functions of the system and informed the board on the need to expand the system, by adding a one --cell tower for the new Critical Care Unit (CCU). With the addition of the new one -cell tower, we will be able to utilize a medication profiling process, since the current 13 drawer Omnicell cabinet is not large enough to • support the storage of the volume of meds required. Medications need to be managed entirely through Omnicell for profiling to provide the maximum patient safety benefit. The patient safety benefit of profiling includes things like reducing the error of taking the wrong medication, or taking the wrong dose of medication. Omnicell provides a safer process than a manual system, since it allows opportunities to follow up with discrepancies and med near miss /incident occurances. Members thanked Hagen and then assembled in Conference Room A/B for the regular meeting. Chairperson Snapp called the meeting to order at 5:34 PM. inutes of Last Meeting. The minutes of the March 16, 2004, meeting were presented and discussed. Following discussion, Mueller made a motion, seconded by McGinnis, to approve the minutes of the March 16, 2004, meeting. All were in favor. Motion carried. 11. Medical Staff Meeting Minutes and Credentialing. McGinnis provided a report on the recent Medical Executive Committee Meeting. The following practitioners . were recommended for membership to the Medical Staff. Board of Directors Page two April 20, 2004 Initial. William Phillips, MD Family Practice Courtesy Mareve Kayfes, MD Radiology Courtesy Herbert Jones, MD Radiology Courtesy Arvid Nehra, MD Radiology Courtesy Markham Fischer, MD Radiology Courtesy Lynn Hassan, MD Radiology Courtesy Advancement from Provisional. Kevin Edelman, MD Radiology Courtesy Tammy Fox, MD Radiology Courtesy David Gross, MD Radiology Courtesy Mary Hestness, MD Radiology Courtesy Jon Kane, MD Radiology Courtesy Mary Kathol, MD Radiology Courtesy J. Denise Krivach, MD Radiology Courtesy Reappointments. David Maher, DPM Podiatry, Allied Health Independent. Teri McNelis, MD OB /GYN Active Request for Additional Privileges. Robert Beeler, MD Privileges to order ultrasound Miscellaneous. Terence Hankins, DO Completion ofpreceptorship for Colonoscopy and Polypectomy privileges • Following discussion, McGinnis made a motion, seconded by _ Peterson, to grant membership and privilege to the above listed practitioners as recommended by the Medical Executive Committee. All were in favor. Motion carried III. New Business. A. McGough Construction Update. Andey Rasmussen, McGougb Construction, was present at the meeting to provide the following project update. • Emergency Room Waiting, Family Lounge and Meditation Rooms (Area K) — Complete, turned over to HAHC. • Surgery Link (Area D) — Complete turned over to HAHC. C' J4� Board of Directors . Page three April 20, 2004 • Critical Care Expansion (Area N) — Some delays encountered due to 1) Bariatric room revisions 2) Concerns on pass thru cabinets 3) Open sided med gas column layout and configuration Construction scheduled to be complete by 4/23/04. • ER Renovation to be completed in two phases. Phase 1 — Core area, control and reception desks — Some delays encountered due to electrical and security questions. Demo and framing complete rough -ins in progress. Phase 2 — Remaining portion of ER Scheduled completion July 2004 • MRI/Urgent Care (Area L) — Urgent Care to be complete the second week of May. MRI Room scheduled completion is May 2004 • Recovery Expansion (Area A) — scheduled completion June 2004. • West Entry (Area B) — Framing complete, sheetrock in progress. Scheduled completion May 2004. Balance including canopy is scheduled for completion July 2004. . • Procedure Room #5 and Control Room -- Complete, turned over to HAHC. • OR #4 and Cart Storage — Construction complete on 4/23/04. • OB/Birthing to be completed in two phases - Phase #1 — May 04 — July 2004 • Medical Records — Owner Occupancy — 4/21/04 • CCU Corridor — Delays due to existing floor conditions requiring added demolition and floor leveling. • Coffee Shop Corridor/Remodel — Demo complete, rough -ins in progress • Freight Elevator — Delays due to conduit and piping in elevator equipment room — scheduled completion — May 2004. • Facilities Management Offices — Complete, turned over to HAHC. • Emergency generator is 100% on line. Switch to new service transformer tentatively scheduled for early May. • Mechanical Room — Chiller is operational, all RTU's except Area B and Birthing operational, testing and balancing to follow as areas are completed. B. Omnicell Lease. The Board reviewed a Capital Expenditure request for the Phase 11 of CCU Omnicell Medication Automation System. The Omnicell, one - cell tower which includes a 9 drawer unit, has an external return bin which will replace the smaller internal bin. The cost of a 48 month lease is $1028.43 /month. . The total price for the system over the 48'" month period, including shipping and handling of the equipment, is $49,553.1 S. Board of Directors Page four April 20, 2004 • Following discussion, Knutson made a motion, seconded by Mueller, to approve the 48`h month Omnicell lease. All were in favor. Motion carried. C. Audit Presentation. Dan Vandenberghe, from McGladrey & Pullen, was in attendance to provide the 2003 financial audit report. Copies of the audit report were circulated to the board. Vandenberghe explained that he had met earlier with the Audit and Compliance Committee of the board and provided a thorough review of the process and answered questions. He complemented IIAHC staff on their dedication to provide solid financial statement each month to this group. The auditor stated the hospital has a strong balance sheet and good financial ratios. Chairperson Snapp thanked Pam Larson and the staff for a job well done. Following discussion, Ristau made a motion, seconded by Fortun, to accept the fiscal year 2003 financial audit report as presented. All were in favor. Motion carried. • D. Strategic Plan Update. Graves and Senior Management presented the first quarter Strategic Plan Update. Following discussion, Knutson made a motion, seconded by McGinnis, to approve the First Quarter Strategic Plan as presented. All were in favor. Motion carried. L. Safety Committee Roort. Halverson provided a summary of the report that was circulated with the board report. A question was raised regarding the various iire zones within the building and evacuation plans in case of a fire. Halverson also reported on the tornado awareness week drill that the organization -will participate in. Following discussion, Fortune made a motion, seconded by Knutson, to receive this report of the Safety Committee Activities, from the 0 Quarter 2003. All were in favor. Motion carried. IV. Organizational Reports. A. President. Graves reported on the Orthopedic Surgeon relationship deal • between HAHC and OFC of Mankato. Board of Directors Page five April 20, 2004 B. Acute Care Pro ams and Services. Lien reported business has increased on the nursing floor. C. Care and Pro arg m Support Services. Erickson reported on the Critical Care Unit Open House on May 2. We just hired an Ultrasound Tech and this summer we will have one or two Pharmacy Interns. D. Community Care Program. Halverson reported on Psychiatry Recruitment. Halverson also reported that HAHC has been awarded the State Fund Mutual Insurance Company's (our workers compensation carrier) Premier Partner Award. State Fund Mutual serves more than 7,500 employers and selects just 4 Premier Partners each year. The award recognizes I4AHC as an outstanding workers' compensation policy holder. E. Finance Information and Material Services. Nothing further to report. F. Senior Care. Krentx reported the State Department was here and Burns Manor received eight isolated deficiencies. . G. Director of Medical Affairs. Mulder reported the Quarterly Medical Staff Meeting is scheduled for tomorrow. HAHC will be signing an agreement with a Neo -natal Physician group. The purpose of establishing a relationship with this group will be to improve our care to the newborn. The Neonatal Physician group will assist in developing improved care protocols along with updates to our policies and procedures in the nursery. H. Foundation Director. Linder reported there was a Foundation Planning Session oh March 2e with Bob Bunger. Carol Stark and Linder attended a non profit Seminar by the Bremer Group. Patient Safety & Performance improvement. Graves reported patient satisfaction data will be brought to the group at an upcoming meeting. The committee received a report on the core measures that were discussed earlier this evening. Allina Management Report. Weinreis reported in early June, the new proposed Allina governance structure will be rolled out. Also on June 1, 2004, the Twin Cities Nurses contracts will expire. A successful negotiation of a 3 year contract is expected. The Electronic Medical Records system in the clinics will go live in June followed by Buffalo Hospital in August. 0 Board of Directors Page six April 20, 2004 Accounts Pale. The accounts payable and cash disbursements for March 2004 were presented for payment. • Following discussion, Ristau made a motion, seconded by Mueller, to approve the accounts payable and cash disbursements as listed in the amount of $5,941,370.15. All were in favor. Motion carried. Statistical Report, Graves presented the statistical report for March 2004. Financial R ort. Larson provided the financials for the month of March 2004, which showed a net income of $229,861 compared to a budget of $348,577. Following discussion, Knutson made a motion, seconded by Peterson, to approve the financial report as presented. All were in favor. Motion carried. Auxiliary Meeting Minutes. The Hospital Auxiliary Meeting Minutes were presented. No unusual comments were made. is Bums Manor Auxiliary Meeting Minutes. The Burns Manor Auxiliary Meeting Minutes were presented. No unusual comments were made. Chairperson Snapp asked if there was additional business to be brought before this Board. Nothing was presented. Fortun made a motion, seconded by Peterson, to adjourn the meeting. All were in favor. Motion carried. The meeting was adjourned at 7:34 PM. Respectfully submitted, Corrine Schlueter Recorder CI Sherry Ristau Secretary 5Cc-4- Hutchinson Housing & Redevelopment Authority Regular Board Meeting — April 20, 2004 . Minutes CALL TO ORDER: Chairman Ian McDonald called the meeting to order. Members Present: Casey Stotts, Patrick Spethman, Thor Skeie, and Becky Felling. Staff Present: Jean Ward, and Judy Flemming. 2. MINUTES OF HRA BOARD MEETING ON MARCH 16, 2004 Thor Skeie moved to approve the Minutes as written. Casey Stotts seconded and the motion carried unanimously. 3. FINANCIAL REPORTS Casey Stotts moved to approve the Financials. Becky Felling seconded and the motion carried unanimously. 4. PARK TOWERS Jean Ward reviewed with the Board the memorandum explaining PHAS scoring. Jean also reviewed with the Board the PHAS Vacant Unit Turnaround report. The Hutchinson Utilities Commission approved $31,000 from the Utility Engery Conservaton Program for the purchase of energy star, air conditioner for the residents. A small portion of the operating funds will also be used for the purchase. . Jean Ward proposed to the Board that the next three years Capital Funds be targeted in the Annual plan for a three -phase renovation project. The project would include the continuation of the renovation of the apartments, the third floor tub room and the second floor laundry room. The Board consensus was to have Jean look for an architect. 5. UPDATE ON VACANCY RATE OF I-IUTCHINSON APARTMENTS Jean Ward reviewed the report with the Board. 6, SCHOOL CONSTRUCTION UPDATE, Ian McDonald informed the Board that a purchase agreement was submitted. After Jean and he reviewed the proposal they signed the agreement because it fit into the range the Board had set in the February Board meeting. Judy Flemming reviewed with the Board the revised budget. The Board discussed the future of the school construction program by reviewing the 2004/2005 Memorandum of Understanding with the School District and an Email that Jean received from the school about proposed changes. The Board had some questions that Jean will ask the School District and then report back to the Board next month. 7. HOME RENTAL REHAB PROGRAM UPDATE Judy Flemming informed the Board of the one applicant that she is working with to get the application completed. Looks like a very good project. • 8. FRANKLIN -GROVE NEIGHBORHOOD PROJECT UPDATE Becky Felling moved to approve the Franklin -Grove Neighborhood SCDP Loans 48680 -10 & 1#8680 -11. Casey Stotts seconded and the motion carried unanimously. SUBORDINATION REQUEST FOR LOAN 495HR3D1 Casey Stotts moved to approve the subordination request for loan 495HR3D1. Thor Skeie seconded and the motion carried unanimously. 10. DRAFT PROPOSAL FOR FEASIBILITY OF HOUSING AT CENEX, HUTCHINSON COOP SITE (Tabled from last meeting) Jean Ward distributed the proposal she just received and suggested that the review it and bring back comments to the next Board Meeting. 11, FYI Information from the MHFA Capital Bonding Proposal Informational Meeting Memo Submitted to the Mayor and the City Council 12. ADJOURNMENT There being no other business, Chairman Ian McDonald declared the meeting adjourned. • Recorded by Jean Ward, HRA Executive Director L,4A r 1r Becky Felling, Secretao/Treasurer • • MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 20, 2004 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with the following members present: Brandon Fraser, Jim Haugen, Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Absent: Also present: Julie Wischnack, AICP, Planning Director, Marc Sebora, City Attorney, John Rodeberg, Director of Engineering and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated March 16, 2004 Mr. Haugen moved to approve the minutes, with minor revisions, of March 16, 2004 as submitted. Seconded by Mr. Flaata. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF VARIANCE REQUESTED BY MIKE CORCORAN, PROPERTY OWNER, TO PLACE HARDSURFACED PARKING UP TO THE PROPERTY LINE LOCATED AT 934 HWY 15 SOUTH Chairman Kirchoff reopened the hearing at 5:45 p.m. with the reading of publication #7159 as published in the Hutchinson Leader on Thursday, March 4, 2004. Ms. Wischnack updated the Planning Commission on the confusion regarding the amount of parking lot to be paved. She explained the owners of the apartments to the west did not sign the agreement. She commented that all the property owners affected must sign the application and a parking lot access agreement. She commented on the phases of paving being requested. Ms. Wischnack commented on the following staff recommendations and drawing: 1. The property owners enter into a cross parking agreement/easement which would document the situation. The easement should clarify responsibilities regarding maintenance, snow removal etc. 2. Improve the catch basin system that is accumulating a . large amount of siltation. This could be accomplished with plantings and grass around the catch basis. �� (C.N Minutes Planning Commission — April 20, 2004 Page 2 3. The parking lot must be setback 3 feet from the west and wsouth property lines. Mike Corcoran, property owner, explained this was more complicated and at this time would request to move forward to pave Phase I and sometime in the future pave Phase II according to the staff recommendation and drawing. Ms. Wischnack explained a variance does not expire in six months. Mr. Rodeberg explained the new drawing with a 0 foot setback on the North edge of the property and a 3 foot setback on the west and south with landscaping to protect the catch basin. Mr. Hantge asked if this property would require a storm septor. Mr. Rodeberg stated this property is under an acre of impervious coverage and does not need to provide storm water ponding. Ms. Wischnack stated there is now an agreement between Mr. Corcoran and Mr. Fahey for cross use of the parking lot. She stated utilities has no issues with the lot. Ms. Otteson questioned if this goes on 2 to 3 years should there be reference to the plan that must be followed and use the date on the plan . dated tonight. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Hantge, the hearing closed at 5:55 p.m. Mr. Fraser made a motion to recommend approval of the request with staff recommendations and drawing dated 4/2012004. Seconded by Mr. Hantge. The motion carried unanimously_ Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held April 27, 2004 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BRIAN PONATH, PROPERTY OWNER, TO CONSTRUCT A 3 -PLEX WITH GARAGES LESS THAN 400 SQ. FT. LOCATED AT 446 PROSPECT STREET N.E IN AN R3 DISTRICT Chairman Kirchoff opened the hearing at 6:00 p.m. with the reading of publication #7171 as published in the Hutchinson Leader on Thursday, April 8, 2004. Ms. Baumetz commented on the request stating this is the same request as submitted in June of 2003. She explained the request for construction of a 3 -plex with garages less than 400 sq. ft. She commented on the zoning history allowing up to 7 dwelling units on the property. There is an existing 4 -pex built in 1997. Ms. Baumetz explained the entire . development must be hardsurfaced before the new building is occupied. There are 18 parking spaces required for this property. She stated the 5 (6_)L1 Minutes Planning Commission — April 20, 2004 Page 3 Planning Staff is in favor of granting the Conditional Use Permit with the following conditions adding number 6 regarding trash containers: 1. Parking must be hardsurfaced before new building is occupied. 2. There must be a 20 foot minimum hardsurfaced driveway to the 4 — plex on the property for emergency access. No Parking will be allowed on the driveway to the 4 -plex. 3. Verify water and sewer service location. 4. Relocation of natural gas or electric services will be at owner's expense. 5. Verify electric load requirement. 6. Section 6.06 of the Zoning Ordinance requires trash receptacles must be shown on the site plan and must be shielded. Mr. Fraser made a motion to close the hearing. Seconded by Ms. Otteson. The hearing closed at 6:05 p.m. Ms. Otteson made a motion to recommend approval of the request with 6 staff recommendations. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held April 27, 2004 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF 3 -LOT PRELIMINARY PLAT TO BE KNOWN AS isMEADOW LINKS VIEW SUBMITTED BY BUTCH HAUSLADEN, PROPERTY OWNER Chairman Kirchoff opened the hearing at 6:06 p.m. with the reading of publication #7173 as published in the Hutchinson Leader on Thursday, April 8, 2004. Ms_ Wischnack commented on the preliminary plat and reminded the Planning Commission of the previous plat known as First Addition to The Meadows. This plat will incorporate one lot from the previous plat. This is a 3 lot plat. Staff discussion centered around the sewer accessibility. Mr. Rodeberg explained the route for service would be to run sewer line in 12th Avenue and under School Road. He stated a neighborhood meeting would be held as soon as possible. He explained sanitary sewer would be placed in the wide easements provided. Ms. Wischnack commented on the fees connected with platting lots and the fact there are many trees on the parcel which the Planning Commission may want to waive the tree escrow requirement. Butch Hausladen, property owner, commented on the tree escrow requirement and explained the placement of trees already on his parcel. Ms. Wischnack stated the ordinance allows for the Council to waive the . requirement. Minutes Planning Commission — April 20, 2004 Page 4 Scott Plowman, neighboring property owner, asked about the cost of the project. Mr. Rodeberg stated the estimated cost is $100,000 to $125,000 to get to the other side of School Road. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen, the hearing closed at 6:10 p.m. Mr. Haugen made a motion to recommend approval of the request with the following conditions: the tree escrow required may be waived, relocation of utilities will be at preoperty owner's expense, fees for SAC/WAC, parks, and electric service territory are required and there will be additional assessments concurrent with the sanitary sewer line. Seconded by Mr. Hantge. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held April 27, 2004 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF VARIANCE REQUESTED BY KERRY KRUEGER, PROPERTY OWNER, TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 18.5 FEET BY REMOVING A 6' X 8' NON - CONFORMING PORCH AND CONSTRUCTING AN 8'X 21' 3 SEASON PORCH ONTO HOUSE LOCATED AT 545 ERIE ST. S.E. Chairman Kirchoff opened the hearing at 6:11 p.m. with the reading of publication #7172 as published in the Hutchinson Leader on Thursday, April 8, 2004. Ms. Baumetz commented on the request to reduce the front yard setback from 25 feet to 18.5 feet for construction of an 8 foot by 21 foot 3 season porch to replace and existing 6 foot by 8 foot porch. She explained the staff were not unanimously in favor of granting the variance. She commented on the staff recommendations as follows: 1. The variance is for the project as identified in the site plan dated March 17, 2004- Any deviations from that plan would require further review. 2. Utility relocation would be paid for by the applicant. Mr. Rodeberg stated the hardship was the question by some of the staff. However, there is no major impact if the variance is granted. Kerry Krueger, property owner, explained the hardship of the age of the home and the fact the porch must be removed and the variance is needed to replace the porch. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Hantge, the hearing closed at 6:17 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held April 27, 2004 in the Council Chambers at 5.30 p.m. D(a-) � Minutes Planning Commission —April 20, 2004 Page 5 e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON MFG TO CONSTRUCT 2 - 40X80 POLE TYPE STORAGE BUILDINGS IN THE IC DISTRICT LOCATED AT 720 HWY 7 WEST Chairman Kirchoff opened the hearing at 6:19 p.m. with the reading of publication #7174 as published in the Hutchinson Leader on Thursday, April 8, 2004_ Ms. Wischnack explained the new request for two 40'x80' pole type buildings located at Hutchinson Mfg. She reported there have been many discussions with Mr. Daggett and staff. She commented on the Memoradum of Understanding and the following conditions: 1. A memorandum of understanding be signed by the property owner and the City regarding the landscaping improvements. 2. Written verification that the storm water pond on the western portion of the property is in working order. 3. That there be paved access to the building constructed when the Highway 7 improvement is completed in the area or no later than 2007 (if the highway project does not occur). The paved access shall begin at the end of the highway improvement project pavement, and continue 110 feet to the south on the most easterly access to the parcel. • 4. An additional hydrant and water looping must occur when the frontage road is constructed. A separate assessment hearing process will be provided for this consideration. 5. Building code compliance must be discussed with the building official. 6. The conditional use permit is valid for six months, unless an extension is requested or construction of the addition has commenced. Mr. Hantge questioned the conditions staying the same with the memo of understanding covering remaining issues. Ms. Wischnack stated the property owner requested more detailed recommendations along with a memorandum of understanding. Mr. Rodeberg stated there will be much construction in the area with the Hwy 7 project. He explained the timing is not right to complete paving at Hutch Mfg right now. The conditions need to be defined. Atty. Sebora stated a memorandum of understanding is important in a case like this. It puts both parties on notice. He explained #5 deals with future assessments through the 429 process. Mr. Fraser made a motion to close the hearing. Seconded by Mr. Haugen, the hearing closed at 6:27 p.m. Ms. Otteson made a motion to Minutes Planning Commission — April 20, 2004 Page 6 . recommend approval of the request with staff recommendations 1 -6. Seconded by Mr. Hantge. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held April 27, 2004 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) CONSIDERATION OF LOT SPLIT REQUESTED BY PAUL BETKER, PROPERTY OWNER, LOCATED AT 165— 5T" AVE NW Ms. Wischnack commented on the frontage width and the drainage challenges because of the topography changes. She stated the property is approximately 3 -4 feet lower than the street area on the eastern portion of the property. She explained the history of the lot being platted as lot 5 originally. Before 1984, the property was tax combine with Lot 6 (to the west) and then split off again sometime in 2001. Ms. Wischnack stated the 1991 McLeod County Soils survey indicates this property is within a 414 soil which is Hamel soil type. Hamel soils indicate severe wetness for shallow excavations. She commented on the review of the site for drainage issues completed by Barr Engineering in August of 2003. She commented on the subdivision regulations, Section 12.4, Subd. 3 regarding drainage and flood hazard areas. Ms. . Wischnack reported staff would recommend denial because of drainage issues. Mr. Rodeberg stated flooding was a problem in the area last year. He stated the entire farm field to the north drains onto the property which needs four times the amount of storage to protect the property in a 100 year event. He explained there is one portion above the curb in the SW corner. There could not legally be a building permit issued for the second lot. He commented on possible options to purchase property to the north. Discussion followed on filling the lot. Mr. Rodeberg stated the water would be directed to other properties creating liability issues. There is no easy solution. Ms. Wischnack stated the lot might accommodate one home but not two. Mr. Rodeberg agreed with Ms. Wischnack. Randy Redman, Your Home Realty, representing Mr. Betker, commented on the approval of the homes to the east and west which are at a higher elevation. He stated there will not be basements in the homes to be built. He questioned that the lots were buildable at one time noting there are two curb cuts and two utility services to the lots. Mr. Redman stated grading on the west and east properties have flooded this property. . Mr. Rodeberg stated he doesn't know what happened in the past. There are no records. He explained the property has not flooded many times. Minutes Planning Commission — April 20, 2004 Page 7 • Discussion followed on the recent filling on the property. The grading has been changed Ms. Wischnack stated the 1985 topographic is at the same elevation as the recent survey. Mr. Hantge asked how slab on grade homes at the same elevation would change the drainage flow. Mr. Rodeberg stated there is a catch basin on the property. Mr. Wischnack stated we research lowest floor elevations when issuing a building permit. Mr. Rodeberg stated we do not allow building on low areas and this lot has always been low. He again stated there can not safely be created two buildable lots. The property was purchased by Mr. Betker in 2001. Mr. Currimbhoy commented on the soils. Mr. Flaata asked if anything has changed on the property since 2001. Mr. Redman stated Mr. Betker would like it split like it was before. Ms. Wischnack explained the previous split is not in our records. . Mr. Rodeberg stated the city would work with Mr. Betker to build on the lot. Atty. Sebora commented on a court action involving the parcel. He stated the neighbors have concerns regarding the drainage. The water must not be diverted to other properties. Mr. Redman asked if it would be possible to elevate to build a house on slab. Mr. Rodeberg stated there may be a way to look at mitigating but they don't have the right to do anything to affect the neighbor's property. This lot has historically been the lowest lot. Discussion followed on the original plat with this as a platted lot. Mr. Fraser made a motion to reject the lot split request due to the engineering assessment of the drainage and soil type issues. Seconded by Mr. Currimbhoy. The motion carried unanimously. b) CONSIDERATION OF SKETCH PLAN SUBMITTED BY BRIAN BURGESS LOCATED AT 1383 JEFFERSON ST. S.E. Ms. Wischnack commented on the sketch plan reminding the Commissioners there was a different sketch plan last month. She explained the property owner revised the plan since last month to include 5[0)1-1 Minutes Planning Commission — April 20, 2004 Page 8 lots for twin home development. She stated many times the developer • will design the lots to accommodate single family homes and later split the lots for twin homes depending on the market. She explained common practice is to place a 32 foot street on the plat. Staff contemplated this cul -de -sac as a private road. Ms. Wischnack stated a wetland delineation is required to determine the wetland areas. She commented on the stormwater management, timing of the project and the fees. She explained the need to reconfigure the lots to meet lot size requirements. The property must be rezoned to R2 if twinhomes are to be constructed on the lots. Discussion followed on private street confusion to the property owners. Associations are challenging. Mr. Rodeberg explained to get the density wanted, associations are created. He pointed out this sketch is overly dense for the property. Density is driven by the developer to meet the market. Brian Burgess, property owner, stated he has hired an engineering firm to help with the plan. He explained this is not exactly what will be presented in a preliminary plat. He stated the density is to make it work financially. Wesley Foss, property owner, stated this is just a preliminary layout sketch. He stated they can downsize the lots to meet the minimum requirements. They do not want to pile people on top of each other. . There is approximately 4 — 6 buildable acres. Mr. Burgess asked for input on the possibility of a private road. Mr. Rodeberg stated the street sign colors are blue on private streets and green on public streets. Mr. Burgess asked for direction on the sketch plan. Mr. Rodeberg explained the City has private roads all over the City. He stated that is common in the metro area. He explained working with an engineer is the right direction to take. He commented on the issues with private roads. There must be an association to deal with the maintenance of the private road. The consensus of the Planning Commission is to continue with the plat. They are on the right track. Set up an association to deal with the private road. Ms. Wischnack stated this item does not go to the City Council. c) CONSIDERATION OF SKETCH PLAN SUBMITTED BY LOWELL WRIGHT LOCATED ON JEFFERSON ST Ms. Wischnack explained the location of the property on Jefferson Street. . She stated the property owner is looking for feedback. There are three lots proposed with a narrow flag lot. She stated the lot depth language is 5 (a)' i Minutes Planning Commission —April 20, 2004 Page 9 10 a concern. There must be a survey and there will be development fees as with all other plats. She explained the staff had a divided opinion on the sketch plan. One opinion is that this is a rural area and the plat should be allowed. The other opinion is to be mindful of future development in the area. Mr. Fraser commented on the large assessments in the area because of the large lots. Mr. Rodeberg stated it is a large deferred assessment. He noted there are services available to the two front lots. He explained this is a difficult situation because of the large assessments. He commented the area is well suited for rural not urban. He stated interest in platting will be added when activated after 10 years. The City is trying not to put a hardship on properties. Mr. Rodeberg commented on flag lots. The City tries to limit the risk of creating flag lots but it is a benefit to the City to allow it in some areas. Lowell Wright, property owner, stated the lot was bought in 1977. He understood the lots could be split when the engineer recommended to put in service to the front lots at the time Jefferson Street was reconstructed. Jerome Karl, Fahey Realty, commented on the shared driveway and the rezoning to R2. Mr. Rodeberg stated they overcompensated on stubs so the City would not have to rip up the street again. It is not being assessed unless used. Consensus of the Planning Commission is to move forward with the plat and meet with staff. d) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS SOUTHFORK RIDGE SUBMITTED BY FARR DEVELOPMENT Ms. Wischnack commented on the final plat and the Phase I area. She commented on the 8 recommendations in the preliminary plat. We have received the homeowners documents. Numbers 3 — 5 are completed, 6 they have added language to clarify drainage, 7 street lighting is still a condition and 8 phasing of the development. She stated there are no new issues with the plat. Mr. Currimbhoy made a motion to recommend approval of the plat with the staff recommendations. Seconded by Mr. Flaata , the motion carried with Ms. Otteson abstaining. 5. OLD BUSINESS a) RECONSIDERATION OF PRELIMINARY PLAT/PLANNED DEVELOPMENT DISTRICT KNOWN AS RAVENWOOD SOUTH • SUBMITTED BY BRUCE NAUSTDAL 5 (GJyA Minutes Planning Commission —April 20, 2004 Page 10 • Ms. Wischnack recapped the approval last month and the discussion of setbacks. She stated staff has reviewed the following recommendations with the developer: 1. A letter requesting an improvement for public bonding must be received. 2. Grading and utility plans must be reviewed prior to City Council review of the preliminary plat. 3. The timing of the construction of the homes on this property shall be determined in the subdivision agreement. 4. A subdivision agreement must be executed at the time of final plat. 5. The setbacks shall be 20 feet in the front, 20 feet in the rear, and 8 feet on the side on lots 1 -7, 10 and 11 and 6 feet on the remaining lots. Mr. Haugen made a motion to recommend approval of the revised conditions. Seconded by Mr. Flaata. The motion carried unanimously. b) DISCUSSION OF AMENDING SECTION 8.01 OF THE ZONING ORDINANCE REGARDING EXISTING TWO FAMILY HOMES IN THE R1 DISTRICT Ms. Wischnack commented on the amendment and stated a public hearing will be necessary to amend the ordinance. Mr. Fraser made a motion to go forward with the amendment. Seconded by Mr. Flaata. The motion carried unanimously. 6. COMMUNICATION FROM STAFF - Ms. Wischnack updated the Commissioners on the aerial photography progress. She stated they flew over the City last week and the map should be produced by July. - Ms. Wischnack reported on the survey results stating there were 12 more surveys, 8 of which were very positive. There was 86% customer satisfaction in total. Ms. Wischnack stated comment cards will be sent with permits in the future. - Chairman Kirchoff commented on an example of a Planning Commissioner job description and responsibility information. - Mr. Hantge asked about the Habitat for Humanity request. Ms. Wischnack stated they withdrew the request before City Council met. There was a meeting with the Habitat people and two City Council members. They may apply again. ADJOURNMENT There being no further the meeting adjourned at 7:55 p.m. ASSETS Current Assets Cash and investments - Operations 2 Cash and investments- Self-Insured 3 Subtotal cash & Investments 4 PalrentlResident receivables 5 Allowances for bad deb!s 6 Advances and contractual allowarxes 7 Net pahentfresident and thi+d -pa-ty 8 payor receivables 9 10 Other receivables - net 11 Inventories 12 Prepaid expenses 13 Tafal Current Assets 14 Board Des'gnatedlFunced Depreciation Investments 15 Investment in doinl Ventures Plant Assets 16 Land 17 Buildings 18 Accumula led depreciation 19 Buildings less depreciation 20 Equipment 21 Accumulated depreciahon 22 Equipment less depreciation 23 Cash -consteretnn & equipmen! 24 Construction in progress 25 Total Plant Assets Other Assets 26 Deferred financing costs 27 Total Funds T` FINSTMNT. %Is Pam Larson HUTCHINSON AREA HEALTH CARE Comparative Balance Sheet As of April 30, 2004 (A) (B) (A) {Bf APRIL MARCH APRIL Charge 2004 2004 2003 CY vs PY $9,682,547 $10719,162 $10,429,815 1,747,268) 1,654,538 1,537,700 850,268 804,350 511 - 337,185 5:2,256 -862 $11,260,103 57,082 18,691,349 76,996.993 16,749,9:9 1,941,430 (4,401,331) (4,337,637) (4,513 -088) 111,757 (6,276.151) (5,297,958) (4,923,847) (1,354,304) 11,771 0 11,292 479 58,011,867 57- 361,398 $7,312,984 698,883 229,031 260,119 257,308 (28,277) 732,137 725,529 670,710 61,427 255,221 244,328 285,299 [30,078) $20,565,441 $20,848,236 $19,806,404 759,037 $8,163,174 $8,116,852 $15,434,280 (7,271,106) $695,1 t6 $665,898 5399,575 296,541 $1,019,7815 $1,019.788 51,019,786 0 LIABILITIES AND FUND BALANCES Current Liabilities Current mawnthes a. Long !e rm debt Ac unts paya ble - trade Esbmated conlractual settlements-net Accrued expenses - Salades PTO Interest Self - Insured programs Other Deferred Iiahililies Deferred revenue Total Current Liabilities 27,124,176 27,122,091 26,079.881 1.G44,295 {12,782523) {12,684,802] (11,812,894) (969,629! Long -term Debt fless current $1e;+A1,653 $14437,289 $14,266,987 74,666 maturities3 16,371,138 16,146,036 15,196,686 1,174,452 02,418,481} (12,322,162) (11,693,230) (725,251) 53,95207 $3,823,874 $3,503,456 449,201 0 0 0 0 8,482,053 7,838,278 1,176,435 7,305,618 $27,796,151 527,119,229 $19,966,666 7,829,485 Fund Balance $97,014 $98,124 $110,710 (13,696) 557,317,896 $56,848,339 $55,717,635 1,800,261 Tclal Funds 5.1313004 4'33 Prot r NAL (A) r61 ;A} (B) APRIL MARCH A -R'L Charge 2004 204 2003 CY vs PY 31,226,748 $1.232,373 $1.132,403 94,345 1,741,516 1911.G79 1,873.369 (131,8531 1,13771)1 1,112,607 1,680,644 (54255431 928,826 782,158 692.619 236,207 1,507,822 1454,640 1,305.335 202,483 233,573 141,665 276,366 1'43,393} 393,673 375,673 6t7,561 (223,666} 155,502 150,494 136,356 19,146 112.241 108,075 177,827 (65,586) 11,771 0 11,292 479 57,449,373 57,266,764 57,904,376 1,455.003) 521251306 $21249,382 $22438,556 {1.187,250] $28,617,217 528,331),193 $25,374,703 3,242,514 $57,317,896 ' S56,8413,339 $55,717,635 1,600,261 v` r� i 28 patent days 29 Resident days 30 percent occupancy - budget beds - Hospital 31 Percent occupancy - budge! beds - Nursing Home 32 FTE's 33 Admissions (ad;usted) - Hospital only 34 Expenses (net) per admission (adjusted) - Hospital only 35 Revenue per admission {adjured} - Hospilal ony 36 Net Revenue per admlssbn fadjcsled) - HospdaF only 37 Discounts as a percent of revenues 38 FTE's per 100 admissions {adjus!ed) - Hospdal only 39 Clays in !lei Accounts Remiwable FINSTMNT.x7s Pam Larsen • HUTCH=NSON AREA HEALTH CAR 512iemelt of Revenues and Expenses Mnn!h and Period Ended Apr J 33, 2004 CURRENT MONTH Reverve 1 in patient revenue 2 Out patient revenue 3 Resident Raven us 4 TOW patlenteresident revenue -4.8% Discounts 5 Gpvemmental & Policy Discounl 6 Free Care 7 ToiaF deduction from re venue 8 Nei pa`ierUmsidenl revenue 9 Other operating rerenues 10 Net operating reoerue 531,640.024 Expenses 11 Salaries 12 Employee 8ene61s 13 Professional and h7ed:zl Fees 14 Ulilitles, Mtnoe Con!racts 8 Repass 15 Faced, Drugs 8 SpppGes 16 Other expense 17 Minnesola Care 18 Bad debt 19 (merest 26 Depreciation 21 Total expenses 135,546 Excess Of net ope: atng revenue 22 over {under) operating expenses 52,497 NpnQpomina Revenues 23 Investment income 24 Cher nonopera6ng revenue (ne!) 15 Plaza i5 Income 1(Loss) 26 Total nonoperaling revence 27 Nei Income 28 patent days 29 Resident days 30 percent occupancy - budget beds - Hospital 31 Percent occupancy - budge! beds - Nursing Home 32 FTE's 33 Admissions (ad;usted) - Hospital only 34 Expenses (net) per admission (adjusted) - Hospital only 35 Revenue per admission {adjured} - Hospilal ony 36 Net Revenue per admlssbn fadjcsled) - HospdaF only 37 Discounts as a percent of revenues 38 FTE's per 100 admissions {adjus!ed) - Hospdal only 39 Clays in !lei Accounts Remiwable FINSTMNT.x7s Pam Larsen • HUTCH=NSON AREA HEALTH CAR 512iemelt of Revenues and Expenses Mnn!h and Period Ended Apr J 33, 2004 CURRENT MONTH 3,975 -418 3,673,927 Over(Under) Budget _ Actual Budget Lila Perce t S3.04d,832 $3.148,996 [$i5g164) -4.8% 4,306,723 4,171,888 136,835 3.3% 702,224 601,427 100797 168% s8,0o5,779 $7672.311 683,668 1 -0% 3,975 -418 3,673,927 101,491 2.6% 1.061 4 167 L3 so6k .74.5% $3,976,679 $3878.094 S98385 25% 54,079,300 $4,096, 217 {514,917] -OA% 54115 80,798 {21683) 288% 54,138615 54175015 (8368001 -09% 531,640.024 ($929,286; -29% -10.9% -22.6% $1,841,912 31,778,254 S63,658 3 -6% 383,392 407,957 (24,565) -6A% 465,195 507,131 (41- 936) -8.3% 173.464 168,806 4,658 2.8% 563.610 528,581 35,029 6.6% 135,546 141,616 {6,078) -4.3% 52,497 53.943 (1446) -2]% 73.540 47,828 25,712 53.8% 38,188 69,115 1,30,927) 44.7% 160 -743 187252 1265095 -142°' 53,888,087 53,890483 42396} -C7% 540 9S% 5,297 5,551 $250328 3284 - 532 334204) -129% 49.4% 48 -6% 0.7% 1.5% 517.143 314,000 $3,143 22.5% 16,965 25,328 ?6,363] -33.0% 2,508 . 3836 (7,2481 -73-7% 336,696 $69,164 )512468) -254% 5287,024 5333,596 L4W,6721 -160% 15,037785 7.C97 YEAR.TO -DATE ;330688) (9 570) -22% 57 ay 5.5,046,882 0,*r (Under) Budget [5344058[ _ Acual Budget Dollars Percent 51 [,806,801 512.831,666 (51.025,1%51 -8.0% 16.311,791 16.419,359 (107,566) -0.7% 2,601,146 2,388,799 212347 89% 330,719.738 531,640.024 ($929,286; -29% 15,037785 7.C97 15- 372,273 16667 ;330688) (9 570) -22% 57 ay 5.5,046,882 $15368940 [5344058[ 242 575,676 -656 _ 283,707 516,25L084 315 856 [5576,228} [32 149 -3.5% 10 2% 515,958,563 516-566,940 r$608,3771 -3.7% (136} -1.0% 13 -575 35% $7,264.981 1,660,533 1A25.146 689,427 2105,872 527,248 $7,120,388 1,630,505 2,C73,B89 687,362 2,066,403 567.86E $144,593 30,028 (248,743) 2,065 39469 ;40,570) 2 -0% 1.8% .12.0% 0.3% 19% -71% '92289 196,293 215,772 245,974 [23,483} (55,6811 -10.9% -22.6% 161,989 637,144 214,922 673476 (52.933) [36332) - 24.6% -54% _ 515.254,972 515496559 ($241587) 16% -0.9% -1.0% 920% 3.5% $703,591 Si- C70381 [$3671790} -343% 465.1 479.3 114.2) -3.0% 563,616 $56.090 57,616 13.6% 68,743 99,550 (30- -807) -30.9% 22!35 2' 1 35 260 (13 229) 37 5% 81540 5190610 fS3642a} 491% 58579B1 $1267 391 (¢1032701 -320% YEAR -TO -DATE April 2033 59,820 314 13.335,961 2,197 489 525,353,764 11,617,845 0 51 1,610,845 $13.742 -919 253,915 $13,995,834 $6.465.509 1.565 -753 2.a.4.271 578,047 ,650,714 511,875 148.13M 78,963 15v 1353 577,498 S13,750,614 S246,220 $74,581 32,,43 31,749 $138,373 $384,593 5113+2034 4'34 PM FINAL VARIANCE % 2004 os 2003 20 2'S 22.3 °5 18.4% 21 2% 2O S °.b n,ra 296% 14.1 %: 11.7% 14.0% 12.4 j% 61% -9 4% 19.3% 276% 3.0 29.9% 141 0% 10 3% 10.9'.• 185 6% '14545 30 fi% 11.6% 123 t% 658 3,518 f,001 3,573 rt43) -14.3% 3444 4,099 f655) -16.0% 3.278 5.1% 477% 55.6% (55) -1.5% 14 -947 14,183 (136} -1.0% 13 -575 35% 95.3% 96.8% -7.9% -1.5% -14.3% 4.5% 47 -8% 56 -9% -91% -16.0% 45.5 479.9 479.3 (8.4} -1.8% 95.2% 95.1% -0.9% -1.0% 920% 3.5% 562 627 {65) -10 465.1 479.3 114.2) -3.0% 427.1 a 7% 5,697 5,155 542 -4% 10 2,155 5,669 2 -533, (374) -14.8% 2251 -417. .3,012 11 -675 1,337 -5% 11.5% 12,960 5,085 17,478 724 14.2% 4,664 25.1 �„ 6,196 5.655 540 9S% 5,297 5,551 .483 12.9% 9,859 31.5% 49.4% 48 -6% 0.7% 1.5% 49.G% 48.6% 646 116% S,C71 224% 5.0 4.6 0 7 5.1 0.3% 0 7% 45.8% 6 9% -4 -6% 4.6 0.5 11.8 45 14.1% 60.9 55.0 5.9 10•.7% 71.8 -1 "2% s s City of Hutchinson ! _ income reports - Water Sewer Garbage -- Prior Prior 04/301041 Annuall Current Year To Budget Percent Year Year To Percent Budget Month! Date Remaining Used Budget. Date _ -- Used 406 WATER _ - - 4001 REVENUES 4250 TOTAL CHARGES FOR SERVICES i 0.00! 3,650.00 6,600.00 6,600.00 11,000.00 4,000.00 27.27 4450 TOTAL SALES '_3,255_,000.001 113,231.35 395,015.13 1,650,015.13 31.48%_I___ 1,227,000.00 349,272.15 21.65 4620 TOTAL INTEREST ON INVESTMENTS 0.001 0.00 0.00 0.00 0.00-1 40,000.00 0.00 0.00 4700 TOTAL REIMBURSEMENTS 0.00 40.00 280.00 280.00 0.00.1 0.00 _ 120.00 0.00 4601 REVENUES 1,255,000.00 114,921.35 401,695.13 - 853,104.87 32-02%11 1,278,000.00 353,392.15 21.03 6001 EXPEND]TURES 6105 TOTAL SALARI ES & FRINGE BENE FI 318,375.00 20,56326 ___ 82,785.56' 235,589.44: 26.00% 320,521.00 92,685.45 28.92% 6200 TOTAL SUPPLIES, REPAIRS & MAIN 94,160.00 9,874.47 21,591.96' 72,568.04; 22.93% 92,250.00 17,235.30 18.68% 6300 TOTALCONSULTING 467,900A0 540.57 3,364.33 464,535.67' 0.72% 219,500.00 21,432.91 9.76% 6306 TOTAL OTHER SERVICES & CHARGES 216,775.00 26,706.02 966.46 66,625.81' 150,149.19' 30.74% 203,800.00 16,705.00 59,05928 4,232.50 28.98% 6600 TOTAL DEBT SERVICE 14,745.00 3,865.83 _51,293.3_3 0.00 57,000.00 _ _ 26.22% 0.00°/0 _ _ 6700 TOTAL TRANSFERS OUT 57,000.00 0.00 55,000.00 0.00 _25.34% 0.00% _ 6900 TOTAL MISCELLANEOUS 9,900.00 147.98 1,166.48 8,733-521 11.78% 27,950.00 618.00 2.21% 6905 DEPRECATION 235,000.00 16,018.39 64,073.55 170,926-451 27.27% _ 220,000.00 63,499.08 28.86% 6003 EXPENDITURES 1,413,855.00 74,817.15 243,473.52 1,210,795.641 017 1,155,726.00 258,762.52 _ NET INCOME [LOSS] 40,10421 158,421.61 94,629.63 Non income statement bud et 7000 TOTAL CAPITAL OUTLAYS 2,268,000.00 0.00 400-001 2,267,600.00 _ 0-001L__ _ 332,250.00 3,260.11 L i s 0 _ City of Hutchinson Income reports - Water Sewer Garbage _ 04!30104 Prior Prior -- Annual L urren4 Year To Bud Percent Year Year To Percent _ Bud et Month Date Remaining Used Budge Date Used 407 WASTEWATER_ 4000 REVENUE & b PENS_E_S _. 4001 REVENUES _ _ 0.00 0.00 0.00 0.00 0.00 %' 0.66 4250 TOTAL CHARGES FOR SERVICES_ _ _ _ 0.00 0.00 620.00 620.00 0.00% 720.00 4450 TOTAL SALES 2,6_00_,000.00 _ _ 202,249.27 823,562.61 3.423,562.61 31.68% 21502,000.00 670,458.75 26.60 °% _ 4620 TOTAL INTEREST ON INVESTMENTS 0.00 0.00 0.00 0.00 °% 1 40,000.00 0.00 4700 TOTAL REIMBURSEMENTS _ 0.00 1.0D 443.00 443.00 - _0_._00 0.00'__ _ 470.24 4001 REVENUES 2,600,000.00 _ 202,250.27' 824,625.61 3,424,625.61 31.72°% 2,542,000.00 671,648.99 28.42% 6001 EXPENDITURES -- 6105 TOTAL SALARI ES &FRINGE BENEFI 459,902.00' 36,725.84 _ 138,403.69 321,498.31 30.09 %� _ 493,348.00 130,231.84 26.40% 6200 TOTAL SUPPLIES, REPAIRS & MAIN 6300 TOTAL CONSULTING 181,750.00 N9,000.00 _ 10,882.80 35,688.21 80,662.82, .101,087.16 75,0&3.35' 273,916.b5 44.38% 21.51%11 173,500.00 _ _ _362,700.00' _67,762.57 39.06°% 65,401.59 18.03 _ _ 6306 TOTAL OTHER SERVICES & CHARGES ES 444,040.00 ! 36,213.23 210,657.37, 6600 TOTAL DEBT SERVICE 362,772.00 _12,224.587. 48,898.34• 6700 TOTAL TRANSFERS OUT _ _ ! 57,000.00 0.00 0.00 6900 TOTAL MISCELLANEOUS 74,000.00 1,030.00' 7,288.64 6905 DEPRECATION 700,000.00. 63,396.52 253,586.09 6001 EXPENDITURES 2,428,46_4.00 196,161.19 814,580.29 233,382.63; _ _ 47.44% 425,220.00 160,850.13 37.83°% 113,873.66 30.04 °% 209,2d3.00. 57,165.60 57,000.00, 0.00 °% 55,000.00' _ _ 0.00 0.00% 56,711.36' _ 9.85% 23,600.00 7,295.71 30.91% 446,4_13.91 36.23% 700,OD0.00 _246,360.40 35.19% 1,613,883.71 2,442,611.00 735,067.84 30.09% ;(5,038,509.32] (63,418.85) _ NET INCOME [LOSS] _ 6,069.08 10,045.32 D50,774.99 Non income statement budget 7000 TOTAL CAPITAL OUTLAYS 2,418,500.00 O.00 2,367,725.fl1 - 2.10 1,618,900.00 - 17,939.38 0.94 I 'S' • 0 L 2004 2003 APRIL CITY OF HUTCHINSON FINANCIAL REPOR _ _ 2004 APRIL REVENUE REPORT - GENERAL 2004 _ APRIL MONTH 0.00 2,255.00___ 2004 YEAR TO ATE ACTUAL 2004 ADOPTED BUDGET 200A BALANCE APRIL ERCENTAGE YTD REMAINING1 USED 0.00% TAXES u.o0 0.00 23,191.00 3,371,280 43,700 220,000 2,345,373 1,391,898 3,371,280.00 LICENSES xro5z.51 _ 20,509.00 53.07% PERMITS AND FEES INTERGOVERNMENTAL _ 72721.34 $700574 54,687.77 84,175.93_ 135,824.07 23033M.59 3826% 1.77% REVENUE 10,196.30 41,433A1 349,448.27 14,651.11 CHARGES FOR SERVICES FINES & FORFEITS SALES 282268.69 110,608.80 12111.11 6,251.56 1 5722.19', 1,042,449.73 25.11% _ 68,000 53,348.89 367.75 21.55% 0.00% f367.75 (6,015.09) 36,728.75 _ 0.00, 32,000' INTEREST REIMBURSEMENTS _._. 80402.94 225, 2ss _(115.94), 119.81 38,015,09 210,608.25 -18,80% 14.85° (12,517.04) 234.658.66 247,338 TRANSFERS SURCHARGES- -BLDG TOTAL I 2 PERMITS 764,683.53 240,716.11 2,621.80 786,583.54 1,478,500 0 9,198,089.00 1,237783.89 (2,621.60) 8,411,505.46 16.28% 1,770.25 _ _ 0.000/0 8.55% 407_915.27 2004 APRIL EXPENSE -- . .. 11 REPORT - GENERAL _ _ --- - -� Y003 - -- A YTD FINANCIAL REPORT 20004 YEAR TO ADOPTED ... F _. ATE ACTUAL BUDGET 2004 BALANCE _REMAINING CITY OF HUTCHINS_O_N_ 2004 2004 APRIL APRIL PERCENTAGE _ MONTH USED 41,931.45 _ 27.39% 31.21% 001 MAYOR & CITY COUNCIL 002 CITY ADMINISTRATOR 003 ELECTIONS � 13,572.52 72,173.68 70.57 � 130,730.95 2,878.72 15,817.55 _ 7.8,766.28 531.38 57,749.00 252,341.00 15,134A0, _448,758.00 17,189.73 173,574.72 489.37 14,602.62 3.511 27.65% 004 FINANCE DEPARTMENT 47,649.83 _ 12A,080.40 _ 324,677.60 005 MOTOR VEHICLE T 007 LEGA L 54,905,73 38,616.81 _ 14,142.91 _ 57,116.18 46,100.73 194,474.00 137,357.82 41 0 29.37% 0.00% 19,829.17 13,841.03 6,507.93 190,319.00 . 61,509.00 144,218.27 24.22% 008 PLANNING �- 009 INFORMATION SERVICES 110 POLICE DEPARTMENT 115 EMERGENCY MANAGEMENT 46725.86 27,605.47 761,065.85 196.14 110,574.72 126,370.71 31.54% 21.07% 28.82°/ .50,934.28 33,737.29 _1 160,108.00 2,469,349.00 18.0,860.17 287.84 25,985.38 711,690.03 _ 2,289,65 79,162.80 12,000,00 368,406.00. 192,650.00' 488,191.0 0 _1,757,658.97 9,710.35 _269,243.20 19.08% 21.49% 30.48% 120 FIRE DEPARTMENT 130 PROTECTIVE INSPECTIONS 150 ENGINEERING 152 STREETS &ALLEYS 160 CITY HALL BUILDING 201 PARK /RECREATION ADMINISTR 88,465.50 57,080.41 __145,505.65'_ 287,340.7 3 15757,86 _ 58,727.93 133,922.07 362,202.28, 551 796.66 102,036.67 35,875.09 25,81 %a 43,- -- 7,434.47 _125,9813.72 226,628.34 _ 7.78,425,)0 _ 29.11% 24.30% 28.01% 51,667.62 52,948.82 69,576.98 32,748.33 134,767.00 183,080.00 197 758.00 51,378.00 ... 0 281,293.00 12,399.36 5,708.52 5,764.14 -.. 12,94A.17 _ 51,286.18 43,687.15 131,793.82 154,070.85 32,748.96 202 RECREATION_ 203 SENIOR CITIZEN .....-. -. _. _. 204 _CIVIC ARENA CENTER ' 205 PARK DEPARTMENT 206 RECREATION BUILDING & POOL 207 EVENTS CENTER 208 EVERGREEN E; UILDING - -- 250 LIBRARY 22.09% -... 36.26% 37,91° 28,992.40 94,366.04 219,287.76 18,629.04 -... 106,634.47 -. 221,800.82 37,377.81 60,298.99 3,665.16 174656.53 576,312.18 84,949.19 .... 73,914.99 7,414.57 _ 798,113.00 122,327.00 163,386.00 27.79% 30.56% 36.91% _ 29,602.00 44,278.19 3,344.73 --- - $4,170.24 32,192.57 17,791.58 103:087.01 9,584:84 -- -- 82,322.03 94,615.OB 219,741.00 94,18744 548.16 30,28_9.45 6,416.03 13,250.00 _ 148,348.00 27_66% 44.51% 21.97% 0.00% 66,025.97 301 CEMETERY 26,632.92 121,248.00 310 DEBT SERVICE 320 AIRPORT 350 UNALLOCATED G_ TOTAL 1753.23 218,741.00 10.1535.03 109,607.63 725,829.70 26.726,56 120,91400 22.10% 24.24 °h ENERAL EXPE 180,323.90 196,857.65 2 503 94261 812,050.00 9,198 08 6 .00 815,182.35 2 650 558.35 6,694,143.39 143.39 2722% 0 0 20041 1 CITY OF HUTCHINSON FINANCIAL REPORT _ BALANCE APRIL 2003 2004 2004 2003 ADOPTED BUDGETI - -L REVENUE REPORT - GENERAL TAXES ACTUAL APRIL MOUTH D.OD YEAR TO ATE ACTUAL 0.00 PERCENTAGE Year to Date REMAINING USED 3,371,280.00 0.00 3,371,260.00 20,509.00 135,824.07 0,00% LICENSES '1 27,062.51 72,721.34 57,005.74 2,255.00 54,687.77 _ 10,18630 23,191.00 43,700.00 53.07% 38.26% PERMITS AND FEES INTERGOVERNMENTAL REVENUE _ 84,175.93 41,433.41 220,000.00 2,345,373.00 i _1,39_1,898.00 2,303,939.58 1,042,449.73 1.77% CHARGES FOR SERVICES _ FINES & FORFEITS 282,268.69 1.10,608.80 _ 349,448.27 14,651.11 25.11% 12,968.44 _ 6,251.56' 1 68,000.00 53,348.89 21.55% SALES INTEREST; _ REIMBURSEMENTS _ _ 5,722.19 80,402.94 - 115.94 _ (367.75 _ _ 1.19.91 (6,015.09) - 12,517.04- 36,728.75 0.00 367.75 0.00% 32,000_00 247,338.00 1,478,500.00 38015.08 - 18.80% 225,265.00 210,609.25 1,237,783.89 14.85% TRANSFERS 1,226.68 234,658.66 240,716.11 16.28% SURCHARGES - BLDG PERMITS TOTAL 0.00 764,683.53 1,770.25 407,915.27 2004 ' 2,621.80 0.00 2,621.80 0.00°% 786,583.54'9198,089.00 _.... - --- -L -_ 2004 2004 8,411,505.46 8.55° --- 2004 APRIL 2003 2004 BALANCE REMAINING APRIL ERCENTAGE USED 26.56% EXPENSE REPORT - GENERAL SUMMARIZED General Govt. Public Safety _ APRIL YTD 436,071.21 906,807.90' APRIL YEAR TOE ADOPTED MONTH 129,963.16 ATE ACTUAL BUDGET 439,832.42 851,870.41 1,656,179.00 3,042405.00 1 216,346.58 222,891.25 2,190,534.59_ 913,998.94 1,444,142.49 928,120.79 6,694,143.39 __ 28.00% Streets & Alleys_ 432,846.381 79,641.66 352,617.06 173,190.97 638,038.51 120,142.661 223,584.21 725,.701 2,503,942.61 829 -..._. __. I 1,266,616.00 2,080,181.00 27.84% 30.58 °h 19.40° 27,22% Parks &Recreation TOTAL 638,755.73 236,077.131 2,650,558 1,152,705.00 9,198,086.00 _Miscellaneous _ - -- - _ 1 -- No—, —,Y • 20 -May -04 Institution Description Interest Rate CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT 4/30112004 Date Date Of Of Purchase Maturity Amount US BANK Money Market 1.43% 10/3112002 11/5/2002 386,446.76 Smith Barney FHLB C 5.00% 7118/2002 7130/2009 300,000.00 Smith Barney FHLB C 4.00% 9/27/2002 10/10/2007 270,000.00 partial call place in money market a/c 30,000.00 Smith Barney FHLB C 4.375% 9/19/2001 4/11/2005 750,000.00 Smith Barney FHLB C 4.180% 9/2512001 4119/2005 270,000.00 Prudential pool 336914 7.226% 1231 96 0201 2026 8,605.76 Expected life 6.2 years Smith Barney FHLM -C 4.650°/ 11/21/2001 5/2112007 300,375.00 Prudentail p001336399 7.270% 1231 96 0201 2026 6,578.88 Expected life 4.1 years Prudential FHLB 3.0% step 7/16/2003 7/16/2013 200,000.00 Prudential FHLB 5.00% 5/22/2003 5/22/2013 300,000.00 Prudential FHLB 4.00% 6/12/2003 6/12/2013 300,000.00 Prudential FHLB 1.190% 6/26/2003 06/26/13 400,000.00 • Wachovia FHLB 3.000% 12/29/2003 step up 12/29/2008 125,000.00 C B & T 1.250% 04/15/04 05/18/04 500,000.00 Citizens Bank 1.560% 2/18/2004 8112/2004 200,000.00 First Minnesota 1.650% 08/01/03 08/02/04 400,000.00 Wells Fargo 1.350% 08/14/03 08117/04 750,000.00 First Minnesota 1.260% 04116/04 06/15/04 750,000.00 First Minnesota 1.610% 04/15/04 09/16/04 750,000.00 First Minnesota 1.560% 11/14/04 11/15/04 754,818.50 $7,751,824.90 5(0-)g C 0 0 MEMORANDUM TO: City Council FROM: Bonnie Baumetz, Planning Coordinator Hutchinson City Center 111 Ilassan stnwt SE Hutchinson, MN 55350 -2522 320.587.515ITax 320. 234.4240 DATE: May 18, 2004 SUBJECT: Second reading of the Access Management Ordinance The first reading of this ordinance was approved on November 25, 2003. This item was inadvertently omitted from your December agenda for a second reading and we are requesting you to allow for the second reading at this time. Thank you for you attention to this matter. printed nn recycled papa - t -) (,` ) 1 L J • r1L Ordinance No. 03-361 Access Management Ordinance This model ordinance was developed using the City of Hutchinson and the Trunk Highway 7 corridor as the specific example. The basic provisions of this model may be adopted by any jurisdiction as an overlay ordinance for any state or local highway, however, the specific access standards of Section 7 will vary according to the Access Category assigned to the highway. Ordinance 5/18/2004 • n 11 Ordinance 5/18/2504 Draft Trunk Highway 7 Access Management Overlay Ordinance Section 1. Title. This Ordinance, in the Municipal Code of the City of Hutchinson, Minnesota, will be known and referred to as the Trunk Highway 7 Access Management Overlay Ordinance. When referred to hereafter, it will be known as "this Ordinance" Section 2. Purpose and Relationship to Other Ordinances. Section 2.1 Purpose. The purpose of this Ordinance is to regulate the location and general design of public and private access to Trunk Highway 7 in order to: 1) Promote the safety and mobility of the traveling public; 2) Provide safe and convenient access between Trunk Highway 7 and the surrounding area consistent with the highway's functional classification as an Arterial and designation as a High Priority Regional Corridor within the State Trunk Highway System; 3) Ensure that all property is provided reasonably convenient and suitable access; 4) Support orderly economic development/redevelopment of the surrounding area; and 5) Support the development of a coordinated supporting road network in urban and urbanizing areas. Section 2.2 Conformance with Comprehensive Plan and State Transportation Guidelines. This ordinance implements the goals and policies of the City of Hutchinson Comprehensive Plan and the Trunk Highway 7 Access Management Plan. In addition, this Ordinance conforms with the Highway Access Category System and Spacing Guidelines of the Minnesota Department of Transportation and the access management policies of the Minnesota State Transportation Plan. Section 2.3 Access Management Overlay Zone Established. This ordinance establishes an Access Management Overlay Zone. The requirements of this Ordinance apply within this Zone and supplement the requirements of the City of Hutchinson zoning, subdivision, and other regulations that govern the use and development of property within the City. Therefore, all standards and requirements of this Ordinance are in addition to the requirements of the Hutchinson zoning and subdivision ordinances. 1) Any parcel of land located within this Overlay Zone is subject to all requirements of the underlying zoning district. 2) If there is a conflict between any provision of this Ordinance and any provision of the City of Hutchinson zoning, subdivision, or other regulation, the more restrictive provision will apply. Section 3 Definitions. For the purpose of this Ordinance, certain phrases, terms and words are defined as follows: Access A way or means of approach to provide vehicular or pedestrian entrance or exit to a property from an abutting property or public road. Access, commercial: A private driveway, entrance, or road that provides access to more than three residential units; one or more commercial, industrial, institutional or multiple • family uses; or an agricultural feedlot. Access, field: An entrance to an agricultural field used for the movement of farm vehicles and equipment. However, an entrance to a farmstead, feedlot, or farm - related structures is not a field access. Ordinance 5/18/2004 Access, residential: A private driveway, entrance, or road that provides access to three or fewer residential units, which may be either individual detached units or attached within a single structure; a farmstead; or farm - related structures not including an agricultural feedlot. Access Connection: Any driveway, entrance, road, turnout or other means of providing for the movement of vehicles to or from the public road system. Access Management Administrator: An administrative officer, such as the planning /zoning director or city engineer, as designated by the Hutchinson City Council to administer this Ordinance. Build -out plan: A plan or concept that depicts full development of property according to the requirements of the existing underlying zoning district and /or the Comprehensive Plan. Corner Clearance: The distance from an intersection of a public or private road to the nearest access connection, measured along the edge of the traveled way, from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection. Driveway, shared: A single driveway that is shared by two or more uses on one or more properties. Intersection, minor: An intersection that does not meet the spacing standards for a Primary or Secondary Intersection with Trunk Highway 7 that is necessary to provide reasonable connectivity to an area otherwise isolated from the local street network due to historic development patterns or topography. Minor Intersections are not intended for signalization and turning movements may be restricted. Intersection, primary: An intersection planned and designed to serve as a major connection between Trunk Highway 7 and the local road network. Primary Intersections allow turning movements in all directions and may be signalized if warranted. Intersection, secondary: An intersection planned and designed to supplement Primary Intersections as needed to provide adequate connectivity between the local road system and Trunk Highway 7. Secondary Intersections are generally located midway between Primary Intersections and not intended for signalization. To maintain safe traffic flow of the arterial roadway and signal progression through Primary Intersections, turning movements may be restricted. Modification of access standards: A procedure to consider approval of modifications of the standards of this Ordinance, if deemed necessary to allow reasonable economic use of property as permitted by the underlying zoning and ensure reasonably convenient and suitable access to a legal lot or parcel of record- Mn/DOT: The Minnesota Department of Transportation. Related Application: An application for a zoning permit or subdivision approval for a proposed development that also requires approval of an access management plan under the provisions of this ordinance. Subdivision regulations: Ordinance No. 466, Chapter 12 of the City of Hutchinson Municipal Code, as may be amended from time to time. Zoning Ordinance: Ordinance No. 464, Chapter 11 of the City of Hutchinson Municipal Code, as may be amended from time to time. Ordinance 5/18/2004 v / 11 Section 4 Applicability. Section 4.1 Location. All land within one mile (5,280 feet) of the centerline of Trunk Highway 7 in the City of Hutchinson are in the access management overlay zone and subject to this ordinance. Section 4.2 Scope. From the effective date of this Ordinance, the provisions of this Ordinance apply to the general location and design of the public street network and access to property within the Access Management Overlay Zone. Accesses that were legally established, but are not in conformance with the standards of this Ordinance, are considered non - conforming accesses and may continue in existence under the conditions established in Section 4.4 below. Section 4.3 Exemption. The provisions of this Ordinance do not apply to any field access. Section 4.4 Nonconforming Access. 4.4.1 Purpose. The purpose of this subdivision is to recognize the existence of access connections to Trunk Highway 7 which were lawful when established but do not meet the requirements of this Ordinance; discourage the expansion and /or intensification in use of such access; and encourage the elimination of non - conforming accesses or reduce their negative impacts on Trunk Highway 7 and the surrounding area. 4.4.2 Continuation of Non - conforming Access. Any access connection in place as of the date of adoption of this Ordinance that does not conform with the standards herein is a non - conforming feature that will be allowed to continue as long as there is no physical change in the access, change in the land use served by the access, or intensification of the land use served by the access. Normal maintenance and repair of the access shall not be considered to be a physical change in the access. 4.4.3 Change in Use of Non - conforming Access. If there is a change in land use or the intensity of the land use served by a non- conforming access as defined in Section 5.1 of this ordinance, the non - conforming access must be eliminated or brought into conformance with the standards of this Ordinance. 4.4.4 Discontinuation of Non - conforming Access. If the use of the non - conforming access is discontinued for more than one year, the access must not be re- established unless approved under the provisions of Section 5 of this Ordinance. 4.4.5 Discontinuation of Non - conforming Use. If the use or structures of the property served by a non - conforming access is a legal nonconformity according the Zoning Ordinance and is discontinued for more than one year, or if the non - conformity is destroyed by fire or other peril to an extent greater than 50% of its market value, any subsequent access serving the property must conform to the provisions of this Ordinance. Section 4.5 Conditional Uses. In addition to the findings and review criteria established in subpart B., Section 6.07 of the Zoning Ordinance, approval of a conditional use requires full compliance with the standards of this Ordinance. A Modification of Access Standards will not be approved for a conditional use. Ordinance 5/18 /2004 5 Section 5 Administration. . Section 5.1 Access Plan Approval Required. Approval of an Access Plan is required prior to any one of the following events: 1) The approval of any land subdivision, conditional use permit, interim use permit, site plan, or zoning- related permit for any property located within the Access Management Overlay Zone; 2) The construction of any new public or private access to Trunk Highway 7 or to a public street that intersects directly with Trunk Highway 7; 3) The reconstruction or relocation of any existing public or private access to Trunk Highway 7 or to a public street that intersects directly with Trunk Highway 7; 4) A change in the primary use of land (for example, a change from agricultural to industrial, residential to commercial, or office to retail) that may change the amount of traffic using any existing private access to Trunk Highway 7; or 5) A change in the intensity of the land use served by a commercial access to Trunk Highway 7, defined as either a.) an increase in the gross floor area of a primary or accessory structure by 25% or 500 square feet, whichever is greater, or b.) an increase in the number of parking stalls by 25% or 5 stalls, whichever is greater. Section 5.2 Access Plan Application Requirements. An Access Plan consisting of a sketch plan of the property and the surrounding area, drawn to scale, must be submitted to the Access Management Administrator. The Access Plan must provide the following information: 1) The dimensions of the property and the location of public rights -of -way and property lines; 2) The existing and proposed land use. For residential uses, indicate the number of units. For • all other uses, indicate the specific type of use, square footage of existing and proposed structures, number of employees, and number of parking spaces; 3) The location and dimensions of existing and proposed structures, accesses, parking, drive aisles, and internal circulation; 4) The location of local streets and roads serving the surrounding area, the land use on adjacent parcels, and the location of and distance to public or private access serving adjacent parcels, 5) If the property is planned to be developed in phases or could be further subdivided in conformance with the underlying zoning, a build -out plan specifying location, size, and timing of additional parcels and /or structures and parking; 6) A traffic impact study, if requested by Mn /DOT, any other affected road authority, or the Access Management Administrator; 7) A signal justification report, if a traffic signal is proposed as part of the plan; and 8) Any other information reasonably required by the City. i 1 L J Section 5.3 Access Plan Review and Approval. 5.3.1 Approving Authority. If the proposed development requires any additional approval according to the underlying Zoning or Subdivision Ordinance, the Access Plan will be reviewed and acted upon as a supplement to those requirements and according to the procedures established for the related application. If the proposed development does not require additional review and approval, the Access Management Administrator reviews and approves or denies the Access Plan. Ordinance 511812004 6 5.3.2 Coordination With Affected Road Authorities. The Access Management Administrator must notify and consult with Mn /DOT and any other affected road authority regarding the proposed access plan and must consider their comments and recommendations in the review of the plan. Review and approval of an Access Plan required under this Ordinance does not substitute for compliance with the access permit regulations of Mn /DOT or any other affected road authority. 5.3.3 General Considerations. To determine whether the proposed Access Plan meets the standards of this Ordinance, the Approving Authority must consider all of the following factors: 1) Relationship to the existing and proposed land use for the City; the transportation and road network plans of the City, County, and State; and the Trunk Highway 7Access Management Plan; 2) The potential for future subdivision and development of the property and other properties in the vicinity of the proposed access; 3) The adequacy of existing or planned roadways to accommodate the proposed development in a safe and cost effective manner; 4) Environmental conditions affecting the area such as wetlands, floodplains, shorelands, slopes, and cultural resources; 5) Existing, planned, and potential future access and circulation to adjacent properties; 6) Comments from MnIDOT or any other affected road authority; 7) If a signal is proposed, review and comments from the affected road authority pertaining to a signal justification report; and . 8) The findings and conclusions of any related studies such as an environmental assessment, traffic impact analysis or signal justification report. 5.3.4 Measurements. The spacing between accesses will be measured as follows: 1) Public intersections must be measured from the centerline of the intersection under review to the centerline of the next intersection or the nearest edge of the next driveway. 2) Private driveways must be measured from the nearest edge of the driveway under review to the nearest edge of the next driveway or the centerline of the next intersection. 3) An access will be considered in compliance with the spacing requirements if the measurement does not deviate more than 5% from the spacing standards established in this Ordinance. 5.3.5 Findings of Approval. An Access Plan must be approved by the designated authority as provided in Section 5.3.1 if the plan: 1) Complies with the standards and conditions set forth in Sections 7 and 8 of this Ordinance for the applicable Access Management District; or 2) Satisfies the findings of approval for a Modification of Access Standards as described in Section 9 of this Ordinance. 5.3.6 Conditions of Approval. • The Access Management Administrator or other designated authority may add conditions to the approval of the Access Plan to ensure compliance with the spirit and intent of this Ordinance. Ordinance 5/18/2004 7 Section 5.4 Construction Responsibilities and Security Deposit. 5.4.1 Responsibilities. . The applicant is responsible for all costs associated with implementation of the Access Plan, including the construction of improvements required to meet any conditions of approval. Improvements may include the construction of the access or intersection, turn lanes, medians, connecting roadways or driveways, drainage devices and structures, associated grading and site restoration, and the acquisition and /or dedication of necessary right -of -way as permitted by law. 5.4.2 Security deposit. The applicant must provide a security deposit in a form and amount acceptable to the City to guarantee provision of any required improvements associated with the approved Access Plan. 5.4.3 Compliance. The intersection or access must be constructed in complete compliance with the approved Access Plan. If the Access Management Administrator finds that the construction has not been completed as approved, the security deposit provided in Section 5.4.2 may be used by the City to complete or repair the access improvements in compliance with the approved Access Plan. Section 5.5 Duration of Approval. If the access has not been constructed or utilized within one year after approval of the Access Plan, the approval expires unless a time extension is granted by the original Approving Authority. To request an extension, a written request explaining the need for the extension must be submitted to the Access Management Administrator at least 14 days before the expiration of the original approval. The original Approving Authority must determine whether to grant the extension or require submission and review of a new application. Section 6 Access Management Overlay Districts Established and Assigned. Section 6.1 Districts Established. Three separate Access Management Overlay Districts are established within the Overlay Zone to recognize variations in the characteristics and function of the highway and the existing and planned land use in the surrounding area. 6.1.1 Urban Core Access Management District. The Urban Core District extends through the fully developed center of the City where the road network is characterized by short blocks and a grid system of intersecting streets. Individual lots are typically small and buildings may be located close to streets. Sidewalks, pedestrian traffic, and on- street parking are common. Trunk Highway 7 is planned to operate at lower speeds, typically 30 -35 mph, compared to the speeds for the overall corridor. 6.1.2 Urbanizing Access Management District. The Urbanizing District is established to guide the location and design of access in areas beyond the Urban Core that are currently urbanized or planned for future urbanization with a full range of urban services, including a local supporting road network. Trunk Highway 7 is planned to operate at a somewhat reduced speed, typically 40 -50 mph, through this district, compared to the speed of the overall corridor. 6.1.3 Rural Access Management District. The Rural District is established to guide access location and rural subdivision design decisions within the portion of the Trunk Highway 7 Corridor extending through long -term agricultural areas • with limited residential and commercial development, as provided in the Comprehensive Plan. The highway is planned to operate at higher speeds through this district, typically 50 mph or more. Ordinance 5/18/2004 8 �zhj� Section 6.2 Assignment of Districts within the Overlay Zone. . All property within the Access Management Overlay Zone is assigned to an Access Management District as defined in Section 6.1 and designated in Table 1 of this Ordinance. Table 1. Access Management District Assignment E Highway Segment Access Management District West Hutchinson City Limits to School Road Urbanizing District School Road to 5th Avenue NE Urban Core District 5th Avenue NE to East Hutchinson City Limits Urbanizing District Section 7 District Standards. All access to Trunk Highway 7 must conform to the spacing and design standards provided in Table 2 and as follows. Table 2. District Access Spacing and Allowance Standards Access Type Urban Core Rural J u Public Street Connection Spacing Primary Intersections %to'' /a mile /z mile 1 mile Secondary Intersections Not applicable mile from a Primary Intersection % mile from a Primary Intersection Minor Intersections Not applicable No. By Modification only No. By Modification only Private Access Allowance Residential driveways If alternate access is not No. By Modification only If alternate access is not available, one per parcel available, one per parcel Commercial driveways Subject to conditions No. By Modification only Subject to conditions Section 7.1 Public Street Connections All streets proposed to connect to Trunk Highway 7 must meet the spacing standards of the applicable district as provided in Table 2 and below. 7.1.1 Standards For Primary Intersections 1) A Primary Intersection is permitted according to the spacing standards of the applicable Access Management District as provided in Table 2 above and Figures 2 and 3 of the Trunk Highway 7 Access Management Plan. 2) The street connecting to Trunk Highway 7 at a Primary Intersection must be functionally planned and designed as an arterial or collector street, unless otherwise approved by the City Engineer. 3) A Primary Intersection may be designed as a full movement intersection. • 4) A Primary Intersection may be signalized if determined necessary to facilitate the safe flow of traffic between the highway and the supporting street network. Signalization is subject to approval of a Signal Justification Report by the Mn /DOT and any other affected road authority. Ordinance 5/18/2004 9 r� 7.1.2 Standards for Secondary Street Intersections 1) A Secondary Intersection is permitted midway between and one -half of the spacing of Primary Intersections as provided in Table 2 above and Figures 2 and 3 of the Trunk Highway 7 Access Management Plan. 2) Any street connecting to Trunk Highway 7 at a Secondary Intersection must be functionally planned and designed as a collector or arterial street, unless otherwise approved by the City Engineer; 3) Mn /DOT may restrict turning movements at a Secondary Intersection to ensure the safety and mobility of Trunk Highway 7; and 4) Secondary Intersections are not intended to be signalized. 7.1.3 Standards for Minor Street Intersections. The Approving Authority may permit a Minor street connection to Trunk Highway 7 in an Urbanizing or Rural District only as a Modification of Standards as set forth in Section 9 of this Ordinance. 7.1.4 Standards for All Street Intersections 1) A street intersection must not be located within a turn lane to another public street or a private driveway; 2) The intersection must be located to provide adequate intersection sight distance, as provided in Table 3 below; Table 3 Stopping and Intersection Sight Distance Source: AASHTO Green Book 2001 " Stopping sight distance is based on a level roadway wlthout horizontal curvature. It is measured from the neares) 3dges of two adjacent entrances. On two -lane undivided roadways, adjacent entrances may be on opposite sides if the road. The intersection sight distance shown is for a stopped passenger car to cross or turn onto a tyro -lane highway nilh no median and a grade of 3% or less. 3) The minimum spacing between a street intersection and the next street intersection or commercial access to Trunk Highway 7 must conform to the stopping sight distance associated with the posted speed limit, as provided in Table 3 above; 4) Turn lanes must be provided as recommended by Mn /DOT or the affected road authority; 5) On undivided roadways, street connections on opposing sides of Trunk Highway 7 must be aligned with one another to the extent practicable; 6) As illustrated in Figure 1, any public or private access to a street connecting to Trunk • Highway 7 must be located at least the minimum distance from the centerline of Trunk Highway 7 as provided in Table 4. Ordinance 5/18/2004 10 Intersection Sight Distance (ft)*" Stopping Sight Posted Speed Qnp h) Distance (ft) " Right- turning vehicles Left-turning vehicles 25 155 240 280 30 . ........ ............................... 200 290 335 35 250 335 390........... 40 305 386 _......_....... - ....... - 445 .. ..........._............... -- ............_._......... 45 . ........ - .........._..._... 360 ................... ............................... 430 500 50 ........ ............. - 425 -- - ......._....... 480 - 555 ....... 55 495 530 610 Source: AASHTO Green Book 2001 " Stopping sight distance is based on a level roadway wlthout horizontal curvature. It is measured from the neares) 3dges of two adjacent entrances. On two -lane undivided roadways, adjacent entrances may be on opposite sides if the road. The intersection sight distance shown is for a stopped passenger car to cross or turn onto a tyro -lane highway nilh no median and a grade of 3% or less. 3) The minimum spacing between a street intersection and the next street intersection or commercial access to Trunk Highway 7 must conform to the stopping sight distance associated with the posted speed limit, as provided in Table 3 above; 4) Turn lanes must be provided as recommended by Mn /DOT or the affected road authority; 5) On undivided roadways, street connections on opposing sides of Trunk Highway 7 must be aligned with one another to the extent practicable; 6) As illustrated in Figure 1, any public or private access to a street connecting to Trunk • Highway 7 must be located at least the minimum distance from the centerline of Trunk Highway 7 as provided in Table 4. Ordinance 5/18/2004 10 Table 4 Access Spacing for Streets Connecting to Trunk Highway 7 Intersecting Street Type Connecting Street Type Two -Lane Four -Lane Primary 500' 660' Secondary „m. 125' 125' Minor 75' 75' Section 7.2 Private Access. 7.2.1 Access Allowance in Urban Core and Rural Districts. Figure 1 Access y (A m m c � m Trunk w La Highway 7 `� c 1) A parcel will be permitted one private access to Trunk Highway 7 only if reasonably convenient and suitable alternative access is not available or attainable from the local road network or by a shared driveway with an adjacent parcel. 2) A private access designed to serve four or more residential lots or a single parcel with the potential for future subdivision into four or more lots must be considered under the requirements for a public street connection. 7.2.2 Access Allowance in Urbanizing Districts. Private Access to Trunk Highway 7 is permitted only upon approval of a Modification of Standards as set forth in Section 9 of this Ordinance. 7.2.3 Access Standards. . Private access to Trunk Highway 7 is subject to the standards below. If any of these standards cannot be met, the access may only be approved as a Modification of Access Standards as set forth in Section 9 of this Ordinance. 1) A private access must be located on the property to provide adequate intersection sight distance as provided in Table 3; 2) A private access connection must not be located within a turn lane to a public street or another private driveway; 3) The minimum spacing between commercial access connections or between a commercial access and a public street connection must conform to the stopping sight distance requirements in Table 3 above: a. If lot frontage is inadequate to provide the required minimum spacing, access must be provided via a shared entrance or cross access easement with an adjacent property, unless a modification is granted under Section 9, b. To maintain minimum safe spacing between commercial accesses as development occurs, a commercial access may be required to serve adjacent property by a shared entrance located on the common property line or a cross access easement, and c. When required to provide a shared entrance or cross access easement, the property owners must record an easement allowing cross access to and from the properties served by the shared driveway or cross access. The recorded easement must include a joint maintenance agreement defining the maintenance responsibilities of the property owners, 4) On undivided roadways, access connections on opposing sides of streets must be aligned with one another to the extent practicable; 5) Turn lanes must be provided as recommended by Mn /DOT or the affected road authority; and Ordinance 5118/2004 11 G) Turning movements to and from a private access may be restricted at the time of construction or at a future date based upon existing or anticipated roadway conditions. Section 8 Design Standards For All Districts. Section 8.1 Subdivision Standards. All subdivisions in the Overlay Zone must meet all of the following design standards: 1) The street system of a proposed subdivision shall be designed to meet the public street spacing provided in Section 7.1 of this Ordinance and to coordinate with existing, proposed, and planned streets serving the surrounding area. 2) All access to individual lots shall be provided from the internal street system. A prohibition of access to Trunk Highway 7 shall be recorded in the chain of title of each lot within the subdivision. 3) Where a proposed development abuts undeveloped land or a future phase of the same development, street stubs shall be provided as deemed necessary by the Approval Authority to provide access to abutting properties or to logically extend the street system into the surrounding area. All street stubs shall be provided with a temporary turn - around or cul -de -sac and shall be signed to indicate that future extension is planned. Section 8.2 Commercial Site Design Standards. To ensure safe vehicular movement, property with commercial access must meet all of the following design standards: 1) Sites must be designed to promote safe internal access between parking areas, buildings, and future development areas on the property and on adjacent properties. 2) Backing, loading, unloading, or other maneuvers must be accommodated on the site. 3) The design of any access to Trunk Highway 7, including the width, grade, and radii shall conform with Mn /DOT guidelines and standards. 4) The driveway must be of sufficient length to allow vehicles to circulate on the site without causing vehicles using the access to interfere with traffic movement on Trunk Highway 7. Section 8.3 Residential Access. Residential access must be designed so vehicles have can turn around on the property without backing on to Trunk Highway 7. Section 9 Modification of Access Standards. Section 9.1 Purpose. The City recognizes that the complete and interconnected supporting local street network necessary for full compliance with this Ordinance may not be available due to conditions beyond the control of the individual property owner. The following procedure has been established to consider modifications of the access standards when necessary to allow reasonable economic use of property as permitted by the underlying zoning and to provide reasonably convenient and suitable access to every legal lot or parcel of record. Section 9.2 Application Requirements. An application for a Modification of Access Standards shall include: 1) A complete Access Plan as required in Section 5 of this Ordinance, 2) Additional information as may be required by the Access Management Administrator or recommended by Mn /DOT or other affected road authority, such as a traffic impact study or a signal justification report. Ordinance 511812004 12 l Section 9.3 Procedures for Review and Approval. . The procedures for the review and approval of a Modification of Access Standards shall be the same as for an Access Plan as specified in Section 5 of this Ordinance. Section 9.4 Findings for Approval of Modification of Access Standards. 9.4.1 Public Street Connections. The approving authority may approve a public street connection as a Modification of Access Standards when the proposed street connection meets all of the following findings: 1) The proposed street connection is necessary to provide reasonable connectivity to the supporting road network or to provide access to an area that is otherwise isolated due to topography, unique natural features, or existing land use and street patterns; 2) The proposed street connection is necessary for the property to be put to reasonable economic use as permitted by the underlying zoning; and 3) The proposed street connection conforms to the extent practicable with the access spacing, location, and design standards in Sections 7 and 8 of this Ordinance. 9.4.2 Private Access. The Approving Authority may approve a private access as a Modification of Access Standards when the proposed access meets all of the following findings: 1) The property retains access rights. 2) Reasonably convenient and suitable alternative access is not available or attainable from the local road network or by shared access and /or cross access to adjacent properties due to one or more of the following circumstances: • • Use of the alternative access would disrupt a protected wetland under the Wetland Conservation Act, a protected shoreland under the Shoreline Zoning Act, or a steep slope (greater than 12 %); • The affected road authority will not authorize the necessary extension of the connecting road system; The adjacent property owner will not authorize the necessary shared access or cross - access agreement; or • The affected road authority will not authorize use of the local connecting road system due to projected impacts of the anticipated traffic on the structural or geometric capacity of the roadway or the safety and livability of the surrounding area. 3) The proposed private access connection is necessary for the property to be put to reasonable economic use as permitted by the underlying zoning. 4) The proposed private access conforms to the extent practicable with the access spacing, location and design standards in Sections 7 and 8 of this Ordinance. Section 9.5 Conditions of Approval. The Approving Authority may attach conditions to the approval of a Modification of Access Standards as deemed necessary to promote the spirit and intent of this ordinance. 1) The access may be approved as an interim access to be phased out at a future time or condition; 2) Turning movement to and from the access may be restricted at the time of construction or at a future date, based upon existing or anticipated traffic volumes, 3) The access may be required to serve existing or future adjacent property by a shared entrance or cross access easement as provided in Section 7.2.3 of this Ordinance; or Ordinance 511812004 13 4) Other conditions maybe required based on the conclusions and recommendations of a traffic impact study and /or the review by Mn /DOT or another affected road authority. • Section 10 Appeals. Section 10.1 Applicant may Appeal Decision. An applicant whose Access Plan is not approved, or is approved with conditions not agreed to by the applicant, shall have 30 days to appeal the decision in writing, stating the reasons for which an appeal should be approved. Appeals of decisions approved by the Access Management Administrator must be considered according to the procedures set forth for variances under the City Zoning Code. Appeals of decisions on Access Plans incorporated in related applications shall be considered according to the procedures for appeals set forth in the zoning and subdivision ordinances. Section 10.2 Notice to Road Authorities. The Access Management Administrator must notify any affected road authority, including Mn /DOT, a minimum of 10 days prior to the scheduled public hearing for the appeal. Section 10.3 Conditions The City may impose conditions on the approval of any appeal as necessary to effect compliance with the spirit and intent of this ordinance. EFFECTIVE DATE OF ORDINANCE, This ordinance shall take effect upon its adoptions and publication. is Adopted by the City Council this 251" day of May, 2004 0 Attest Gary D. Plotz, City Administrator Ordinance 5/18/2004 Marlin Torgerson, Mayor 14 E Ordinance No. 04 -374 Publication No. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING AMERICAN PAYMENT CENTERS THE RIGHT TO PLACE A PAYMENT CENTER OVER AND ABOVE CERTAIN PROPERTY LOCATED ON PUBLIC PROPERTY A'1' 111 ILASSAN STREET S.E. THE 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 to American Payment Centers, hereafter referred to as Grantee, a franchise to operate and maintain a payment center as described in the legal description and in Exhibit A, for the purpose of payment receptacle on certain property owned by the City of Hutchinson, described as follows: A portion of Lots 1,2,3,8,9,10 and the North 211 ' of vacated alley, Block 14, North % City Section 2. The franchise is granted for a term of five (5) year(s) commencing on the date of the acceptance of the franchise,,; Orahik'sh,911 tile written dcevfan'ee aftite ftabc]'Wso Yp"Jltlt' di6tity Adpirvisttatot nf`tlta Gity'i7i'k$tXtohilisoti withip,ten (lp),'asyg attar ritr' etI'eottve dote,; cf'tbi,�r „b, "rliriatiae,, �e fkati4labe,s11a1,) bcbPmb.eff'06e' only when thc'acceptsriee,$aS l%netf f}1,pd,aiv VVi icd of,' ' z Tl eomptChomiV0. and abil Y , urance provided for itt' this',gY�tt'Of fY0clhi(C an4,APpro has be6b. 100 YW, In:additipti;'q}1e''Yln '��is'�'ait^�d, Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and maintenance of facilities located along, over and under the public premises before mentioned and the placement of such facilities. Section 4. Grantee shall indemnify and defend Grantor, its boards, 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 constriction, operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise. Section 5. At all tunes during the term of the franchise, Grantee will, at its own expense, maintain in force general comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the policies being for the protection of Grantor and its officers, agents and 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. In the event that American Payment Centers should cease to exist or should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever. Section S. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by American Payment Ccntcrs. (,V, . Adopted by the City Council, this 25h day of May, 2004- r 1 LJ Attest: City Administrator Published in the Hutchinson Leader on First Reading: May 11, 2004 CJ CJ Second Reading: May 25, 2004 Mayor 0 MEMORANDUM DATE: May 6, 2004 TO: City Council FROM: Bonnie Baumetz, Planning Coordinator SUBJECT: Consideration of Franchise Agreement with American Payment Centers Robert Bates, American Payment Centers, is requesting approval of a franchise agreement to place drive -up payment cabinets identified to accept telephone, cable and medical . payments adjacent to the existing water and utilities drive -up payment cabinets located on City property at 111 Hassan Street S.E. Examples of their cabinets are attached to the Ordinance as Exhibit A. This payment center would replace the current payment center located across from the Post Office on Main Street South. The City Council must decide the term of the agreement in years and the fee, if any, you would require. (Section 2, of Ordinance 404 -374) Cc: Robert Bates, American Payment Centers, PO Box 985, 120 Sixth Ave N, St. Cloud MN 56303 • 5���a n L J PUBLIC NOTICE Publication No- 7185 PU13LISHED IN'rHE HUTCHINSON LEADER Apri129, 2004 CITY OF HUTCHINSON COT OF MC'T.FC1T1 STATE OF MINNESOTA 1 I 1 Hassan Street, Hutchinson MN 55350 phone (320) 587 -5151, ext. 203 fax (320) 234 -4240 Notice is hereby given that a public hearing will be held on Tuesday, May 11, 2004, at 6:00 p.m. in the City Center Council Chambers to discuss granting a franchise agreement to American Payment Centers for the purpose of placing drive -up payment cabinets to be located in public property at 111 Hassan Street S.E. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all interested parties may be heard. Julie Wischnack, AICP Director of Planning /Zoning /Building r ., LJ 0 Current Sponsors include: Rice Lake Municipal Utilities, Charter Communications, CenturyTel, Chibardun Telephone, City of Rice Lake and Chronotype Publishing. Municipal Drive-up Payment Centers "Friendl "' Service )r Your City Park Rapids Zinunerman Pelican RaoiLsl Q C Cloquel . .. ... ... . . [�.j�e�m�s'Falls in City Alley adlacent to Public Parki n Area Breckenrid2e w. Professionally fu noshed by., I FfeTZIUMMIM Ameroican Payment Centers Pint! ("j'tv ... ........ .. .. ...... ---k . ...... 1h 14,1: Lae, Wl ya '14 [I4""'UU4 11:10 {a..ud.5jiucr AMERICAN PAYMENT CTR H'r 22 04 08:500 APR 2 2 1004 4 otprz a $n C]i`r OF HUTCHIHSON 3202344240 Attn: rte. >lorrde liw tz, page 1 of 1 CITY Of HUTCHINSON FRANCHISE AGREEMENT APPLICATION, Date: April 22nd, 2004 Propeny Address' 111 Hassan Street S.E. Applicant: American Payment Centers pp -�ggS 7 = Addressi St. Cloud, MN 56303 Filing Fee: Sl •� zoning Distrlet: Work Phone•. BOG"538 -7898 Home Phone: 320 - 257 -0285 PAGE 01 P.? Legal Description of property: 111 Hassan Street S.$., adjacent to existing - cabtleLa. Description of rcquest: TPgU emttto locate Mtchiruz driven payment_ca_binets identified to accept telephone, cable and medical payments as a service to residents. Cenificate of Liability Insurance: Yes, will mail 4/22 from Apollo Insurance Agency Albany, NN Site drawing of'request: see photo emailed to Hormie B this day. thank you. 11 Signawre�of applicant / 7 ` ;,/ v This is an application only. The requ"t must be approved by the Hutchinson City Council and an ordinance published. r1 U _5(h)a. scow. . CERTIFICATE OF LIABILITY INSURANCE GP ID AMERI -1 DATE(MWDDIVYTY) 04/22,104 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Apollo Ins Agency - Albany P O Box 597 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL# any HN 56307 ne:320- 845 -7070 Fax:320 -259 -3890 I SURER �T INSURER clncinna LV ineuro,w Cw ny 10677 GENERAL LIABILITY X COMMFRCIAL GENERAL LIABILITY BOR2071720 INSURER B' American Payment Centers P OSBaxr985 Cabinets INC dba St Cloud 8 56302 INSURERC -- - -. .... ... .. IN$URERD _ _- NSURER E. COVERAGES f'ANrrl 1 ATION CITXHUT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOK DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WWTTEN ' NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Hutchinson IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Bonnie Ba=Qtz REPRESENTAMES. 111 Hassan St SE Hutchinson NN 55350 AUTHOR D T YE ACORD 25 (20011 08) b ACORD CORPORATION 198E 5(�)') '�k. THG POLICIES OF IMSUMFICS LISTED P5LrnN HAIIF RFFN IRCnFn TO THE INRI IPPn NAMFn ARnVF FOR THE POI ICY PFPlnn INMCATFn NnTWITHCTANnING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIM17S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR N$R TTPE OF INSURANCE POLICY NUMBER GATE MM/DD/YY DATE MMIDDtW N LIMITS A GENERAL LIABILITY X COMMFRCIAL GENERAL LIABILITY BOR2071720 EACH OCCURRENCE $ 1000000 UAMA�c S O RD PREMISES Ee occanence $!000000 MEP E %P (Any one Oereon) ESOOO CLAIMS MADF OCCUR PERSONAL 6_ADVINJURY 05/25/03 05/25/04 $1000000 �• GENERAL AGGREGATE s2000000 PRODUCTS - COMP /OP AGG SlOOOOOO GENT AGGREGATE LIMIT APPLIES PER PRO - POLICY PRO LOC A AUTOMOBILE LIABILITY ANY AUTO CAP7715868 05/25/03 05/25/04 COMBINED SINGLE LIMIT E. Pr�iaenp $ 500000 X_ - ALL OWNED AUTOS BODILY INJURY (Per Person) $ SCHEDULED AUTOS ...,._. ... X HIRED AUTOS BODILY INJURY (Pel eccldent) $ X NON-OWNED AUTOS .� -- PROPERTY DAMAGE (Per @dent) ca GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 3 ANY AUTO OTHER THAN EA ACC AUTO ONLY AGG S $ EXCESS/UMERELLA LIABILITY EACH OCCURRENCE $1000000 AGGREGATE $ 1000000 A 1 XJ OCCUR u OLAIMSMADE BOP2071720 05/25/03 05/25/04 $ DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND OTH- I TORY LIMITS I ER _ E.LEACHACCIDENT $500000µ A EMPLOYERS'LIABILITY ANY PROPRIETDR/PARTNER/EXECUTP/E OFFICEFUMEMBER EXCLUDED? WC193-073003 05/25/03 05/25/04 E.L. DISEASE • EA EMPLOYEE 8 500000 E.L. DISEASE - POLICY LIMIT 11 e,Ueaclyoundn SPECIAL PROVISIONS b Il 3 50000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS! VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS f'ANrrl 1 ATION CITXHUT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOK DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WWTTEN ' NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Hutchinson IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Bonnie Ba=Qtz REPRESENTAMES. 111 Hassan St SE Hutchinson NN 55350 AUTHOR D T YE ACORD 25 (20011 08) b ACORD CORPORATION 198E 5(�)') '�k. 101:7Q1►G12 Is) *LCOxEQd►L7 • PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY OF HUTCHINSON ORDAINS: Section 1. That the municipally owned real property legally described as follows: That part of Lot 3, Block 49, NORTH HALF OF HUTCHINSON, according to the recorded plat thereof, described as follows: Commencing at the southwest corner of said Lot 3; thence northerly, along the west line of said Lot 3 a distance of 20.00 feet; thence easterly, parallel with the south line of said Lot 3 a distance of 52.00 feet to the point of beginning of the land to be described; thence continuing easterly, parallel with said south line 3.00 feet; thence southerly, parallel with said west line 20.00 feet to said south line of Lot 3; thence easterly, along said south line 33.00 feet; thence northerly, parallel with said west line 27.00 feet; thence westerly, parallel with said south line 36.00 feet; thence southerly, parallel with said west line 7.00 feet to the point of beginning. for good and valuable consideration thereto, is hereby sold and conveyed to Earthly Delights, Ltd., together with all hereditament and appurtenances belonging thereto. Section 2. The sale of municipally owned real estate is authorized in exchange for payment, by cashier's check, certified check, or other guaranteed funds, in the amount of $11,664.00 by Miles and Linda McMonigle of Earthly Delights, Ltd. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though. repeated verbatim herein. Section 4. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 8" day of June, 2004. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator f h).3 rIL r- I L � 1 HNESp �O Minnesota Department of Transportation x� Office of Aeronautics �oFrnA Mail Stop 410 222 East Plato Boulevard St. Paul, MN 55107 -1616 April 27, 2004 John Olson Asst. Public Works Director City of Hutchinson 1400 Adams St. SE Hutchinson, MN 55350 Subject: Hutchinson Municipal Airport AM 3 -27- 0042 -04 2004 G. A. Entitlement Project Dear Mr, Olson: Phone: 651/296 -8202 Phone: 651/297 -1600 Fax: 651/297 -5643 Fax: 651/296 -1828 (651) 296 -8150 Fnclosed for the City's acceptance are 3 copies of the Agency Resolution. The Agency Resolution allows our office to prepare and submit the Application for Federal Assistance and to receive and disburse federal funds as required by Minnesota Statutes 360.039. Please have the resolution accepted by the city and return all 3 copies to this office. An approved copy will be retumed for your records. Also enclosed are 3 copies of the Terms and Conditions of Accepting Airport Improvement Program Grants. Please have these terms and conditions accepted and return 2 copies to this office. You may retain 1 copy for your records. The FAA also requires that the city's DUNS number and employee identification number be provided. These numbers are required to be included in the application for federal assistance. Sincerely, 91- James D. Groehler, P.E. Regional Airport Engineer Enclosure An equal opportunity employer Rev. 10102 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF AERONAUTICS . 222 EAST PLATO BOULEVARD SAINT PAUL, MINNESOTA $5107 -1618 TELEPIIONE NUMBER: (651) 296 -8202 RESOLUTION 12420 APPOINTING AND DESIGNATING THE COMMISSIONER OF TRANSPORTATION AS AGENT FOR THE City of Hutchinson, HEREAFTER IDENTIFIED AS THE MUNICIPALITY. grow 1IWO W HAM""171J9 For the purpose of carrying out federally funded airport improvement projects, the Municipality does hereby appoint and designatc the Commissioner of Transportation of the State of Minnesota as its agent and authorizes the Commissioner or the Commissioner's duly authorized representative: 1. To prepare and submit the Application for Federal Assistance to the Federal Aviation Administration (FAA). 0 2. To accept, receive, receipt for, and disburse any monies, either public or private, on behalf of the Municipality, including money received from the United States or from the State of Minnesota, and to deposit such monies with the State Treasurer. 3. To pay to the Municipality any amount of such money received as may become due under the Municipality's contracts in accordance with federal laws, rules, and regulations and applicable laws of this state. The Municipality has reviewed and understands the FAA's "Terms and Conditions of Accepting Airport Improvement Program Grants ". This Resolution shall remain in effect until such time as it is revoked by either patty. This motion was made by Ayes , Nays , motion tamed. Date: • Signed: Title: , and seconded by , and the following vote taken: • r1 I� r� �J a U.S. Department of Transportation Federal Aviation Administration Sponsor: Airport: January 2001 Terms And Conditions Of Accepting Airport Improvement Program Grants This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the sponsor accepts a Grant Offer from the FAA that references this document. The terms and conditions may be unilaterally amended by the FAA, by notification in writing, and such amendment will only apply to grants accepted after notification. I. Certifications Section 47105(d), Title 49 of the United States Code authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. In accepting a grant, the sponsor certifies that each of the following items will be complied with in the performance of grant agreements. If a certification cannot be met for a specific project, the sponsor must fully explain in an attachment to the project application. A. Sponsor Certification for Selection of Consultants General procurement standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100 -14. 1. All advertisements will be placed to ensure fair and open competition from a wide area of interest. 2. For any and all contracts over $25,000, consultants will be selected using competitive procedures based on qualifications, experience, and disadvantaged business enterprise requirements with the fee determined through negotiation. 3. An independent cost analysis will be performed, and a record of negotiations will be prepared reflecting the considerations involved in the establishment of fees for all engineering contracts with basic service fees exceeding $100,000. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 1 of 27 . 4. If any services are to be performed by sponsor force account personnel prior approval must be obtained from FAA. 5. All consultant services contracts will clearly establish the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 4. All costs associated with work ineligible for AIP funding will be dearly identified and separated from eligible items. 7. All mandatory contract provisions for grant - assisted contracts will be included in all consultant services contracts. S. If any contract is awarded without competition, pre -award review and approval will be obtained from FAA. 9. Cost -plus- percentage -of -cost methods of contracting prohibited under Federal standards will not be used. 10. If services being procured cover more than a single grant project the scope of work will be specifically described in the advertisement, and future work will not be initiated beyond five years. B. Sponsor Certification for Project Plans and Specifications General AIP standards are described in Advisory Circulars 150/5100 -6, 150/5100 -15, and 150/5100 -16. A list of current advisory circulars with specific standards for design or construction of airports and procurement or installation of airport equipment and facilities is referenced in Section III.C.24. 1. All plans and specifications will be developed in accordance with all current applicable Federal standards and requirements, or state standard specifications developed under a Federal grant, and no deviation from or modification to standards set forth in the advisory circulars will be allowed without prior approval of the FAA. 2. All equipment specifications will rely on the national standards as contained in the Advisory Circulars, without deviations, to the maximum extent possible. Specifications for the procurement of equipment for which there is no Federal specification or standard, will not be proprietary nor written to restrict competition. If there is no national standard, or If the national standard provides for a choice to be made, at least two manufacturers will assure that they can meet the specification. A deviation from the national standard will require FAA approval of the design standard modification. 3. All development to be included in any plans is depicted on an Airport Layout Plan approved by FAA. 4. All development which is ineligible for AIP funding will either be omitted from the plans and specifications or costs associated with ineligible or AT non - participating items will be separated and noted as non -AIP work and deducted from AIP project reimbursement requests. . 5. Process control and acceptance tests required for any and all projects by standards contained In Advisory Circular 150/5370 -10 will be included in the project specifications. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 2 of 27 6. If a value engineering clause is incorporated into any contract, concurrence will be obtained • from FAA. 7. All plans and specifications will Incorporate applicable requirements and recommendations set forth in the Federally approved environmental finding. B. For all construction activities within or near aircraft operational areas, the applicable requirements contained in Advisory Circular 150/5370 -2 will be discussed with FAA and incorporated into the specifications. A safety/phasing plan will be prepared, and prior FAA concurrence will be obtained. 9. All projects will be physically completed without Federal participation in costs that are due to errors or omissions In the plans and specifications that were foreseeable at the time of project design. 10. All Airport Layout Plan (ALP) revisions and proposals for facility construction clearance will include coordinates that are either surveyed or based on reference coordinates previously found acceptable to FAA. The coordinates will be verified and found consistent with the dimensions shown on the project sketch /ALP. The coordinates will be in terms of the North American Datum of 1983. 11. All site elevations on Airport Layout Plan (ALP) revisions and proposals for construction clearance will be within +/ -0.1 foot vertically and the vertical datum will be in terms of the National Geodetic Vertical Datum of 1929. C. Sponsor Certification for Equipment/ construction Contracts . Standards for advertising and awarding equipment and construction contracts within Federal grant programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting State and local laws or regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory Circulars 150/5100 -6, 150/5100 -15, and 150 - 5100 -16. 1. A code or standard of conduct will be in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contrails. 2. Qualified personnel will be engaged to perform contract administration, engineering supervision, and construction Inspection and testing on all projects. 3. All procurement will be publicly advertised using the competitive sealed bid method of procurement. If procurement is less than $100,000, project may use three (3) quote method. 4. All requests for bids will clearly and accurately describe all administrative and other requirements of the equipment and /or services to be provided. 5. Concurrence will be obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person /firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsive and responsible bidder, c. Life cycle costing Is a factor in selecting the lowest responsive bidder, Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 3 of 27 d. Proposed contract prices are more than 10% over the sponsor's cost estimate. • 6. All contracts exceeding $100,000, require a bid guarantee of 5 %, a performance bond of 100 %, and a payment bond of 100 %. Cl All contracts exceeding $100,000 will contain provisions or conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instance$ in which contractors violate or breach contract terms. They also will contain provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). 8. All construction contracts involving labor will contain provisions insuring that in the employment of labor preference will be given to honorably discharged Vietnam era veterans and disabled veterans. 9. All construction contracts exceeding $2,000 will contain provisions requiring compliance with the Davis -Bacon Act and bid solicitations will contain a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and the Copeland "Anti -Kick Back" Act will be included. 10. All construction contracts exceeding $10,000 will contain appropriate clauses from 41 CFR part 60 for compliance with Equal Employment Opportunity Executive Order 11246. 11. All contracts and subcontracts will contain clauses required from Title VI Civil Rights Assurances and 49 CFR 26 for Disadvantaged Business Enterprises. 12. Appropriate checks will be made to assure that contracts or subcontracts are not awarded to those Individuals or firms suspended, debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified List. D. Sponsor Certification for Real Property Acquisition Requirements on real property acquisition and relocation assistance are in 49 CFR 24 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). 1. Good and sufficient title will be held on property in any and all projects. The sponsor's attorney or other official will prepare and have on file title evidence on the property. 2. If defects and /or encumbrances exist In the title which adversely Impact the sponsor's intended use of property in the project, they will be extinguished, modified, or subordinated. 3. If property for airport development will be leased, the term is for 20 years or the useful life of the project. The lessor is a public agency and the lease contains no provisions which prevent full compliance with the grant agreement. 4. Property will be in conformance with the current Exhibit A (property map). The property map is based on deeds, title opinions, land surveys, the approved Airport Layout Plan, and project documentation. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 4 of 27 5. For any and all acquisition of property interest in noise sensitive approach zones and related . areas, property interest will be obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. 0 6. For all acquisition of property interest in runway protection zones and areas related to FAR Part 77 surfaces, property interest will be obtained for the right of Flight, right of ingress and egress to remove obstructions, right to make noise associated with aircraft operations, and to restrict the establishment of future obstructions. 7. All appraisals will Include valuation data to estimate the current market value for the property interest acquired on each parcel and will be prepared by qualified real estate appraisers hired by the sponsor. An opportunity will be provided the property owner or their representative to accompany appraisers during inspections. 8. All appraisals will be reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation. All written appraisals and review appraisal will be available to FAA for review. 9. A written offer to acquire property will be presented to the property owner for not less than the approved amount of just compensation. 10. Every effort will be made to acquire property through negotiation with no coercive action to induce agreement. If negotiation is successful, project files will contain supporting documents for settlements. 11. If a negotiated settlement is not reached, condemnation will be initiated and a court deposit not less than the just compensation will be made prior to possession of the property. Project files will contain supporting documents for awards. 12. If displacement of persons, businesses, farm operations, or nonprofit organizations is involved, a relocation assistance program will be established. Displaced persons will receive general information in writing on the relocation program, notice of relocation eligibility, and a 90 day notice to vacate. 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses will be provided within a reasonable time period for displaced occupant in accordance with the Uniform Act. E. Sponsor Certification for Construction Project Final Acceptance General requirements for final acceptance and close -out of Federally funded construction projects are in 49 CFR 18.50. The sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of the Grant Agreement and contract documents. 1. All personnel engaged in project administration, engineering supervision, and construction inspection and testing will be determined to be qualified and competent to perform the work. 2. All dally construction records will be kept by the resident engineer /construction inspector. These records document work in progress, quality and quantity of materials delivered, test locations and results, instructions provided the contractor, weather, equipment use, labor requirements, safety problems, and changes required. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 5 of 27 3. All weekly payroll records and statements of compliance will be submitted by the prime contractor and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circular 150/5100 -6 and 150/5100 -15). 4. All complaints regarding the mandated Federal provisions set forth in the contract documents will be submitted to the Department of Labor. 5. All tests specified in the plans and specifications will be performed and the test results documented. A summary of best results will be available to FAA. 6. For all test results outside allowable tolerances, appropriate corrective actions will be taken. 7. All payments to the contractor.will be made in compliance with contract provisions and verified by the sponsor's internal audit of contract records kept by the resident engineer. If appropriate, all pay reduction factors required by the specifications will be applied in computing final payments and a summary of pay reductions will be available to FAA. 8. All projects will be accomplished without significant deviations, changes, or modifications from the developed plans and specifications, except where approval will be obtained from FAA. 9. All final project inspections will be conducted with representatives of the sponsor and the contractor. Project files will contain documentation of the final inspection. 10. All work in the Grant Agreement will be physically completed and corrective actions required as a result of the final inspection will be completed to the satisfaction of the construction . contract and the sponsor. 11. As -built plans and an equipment inventory, if applicable, will be maintained as sponsor records. If requested, a revised Airport Layout Plan will be made available to FAA prior to start of development. 12. All applicable close -out financial reports will be submitted to FAA within three (3) years of the date of grant. F. Sponsor Certification for Seismic Design and Construction 49 CFR Part 41 sets forth the requirements in the design and construction of the building(s) to be financed with the assistance of the Federal Aviation Administration. Compliance will be met by adhering to at least one of the following accepted standards: Model codes found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP) Including: a. The 1991 International Conference of Building Officials (IBCO) Uniform Building Code, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. b. The 1992 Supplement to the Building Officials and Code Administration International (BOCA) National Building Code, published by the Building Officials and Code 10 Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478 -5795. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 6 of 27 ._5C.S)y c. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard . Building Code, published by the Southern Building Code Congress International, 900 Montclair Road, Birmingham, Alabama 35213 -1206. 2. Revisions to the model codes listed above that are substantially equivalent or exceed the then current or immediately preceding edition of the NEHRP recommended provisions, as it is updated, may be approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41. 3. State, county, local, or other jurisdictional building ordinances adopting and enforcing the model codes, listed above, in their entirety, without significant revisions or changes In the direction of less seismic safety, meet the requirement of 49 CFR Part 41. G. Sponsor Certification for Drug -Free Workplace 1. The sponsor certifies that it will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace and specifying the actions that will be taken against employees for violations of such prohibitions. b. Establishing an ongoing drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace. . (2) The grantee's policy of maintaining a drug -free workplace. (3) Andy available drug counseling, rehabilitation, and employee assistance programs. (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged In the performance of a grant be given a copy of the statement required by paragraph a. d. Notifying the employee in the statement required by paragraph a that, as a condition of employment under a grant, the employee will: (1) Abide by the terms of the statement. (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statue occurring In the workplace no later than five calendar days after such conviction. e. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph d(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant, • f. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph d(2) with respect to any employee who is so convicted: Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 7 of 27 5(S)Li • (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended. (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. (3) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 2. The sponsor may Insert in the space provided below the site(s) for the performance of work done in connection with grants: Place of Performance (street address, city, county, state, zip code) H. General Conditions A. The allowable costs of all ASP funded project shall not Include any costs determined by the FAA to be ineligible for consideration under the Title 49 U.S.C. • B. Payment of the United States' share of all allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determinations of the United States' share will be based upon the final audits of the total amount of allowable project costs, and settlement will be made for any upward or downward adjustments to the Federal share of costs. C. The sponsor shall carry out and complete all AIP funded projects without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe. D. The FAA reserves the right to amend or withdraw a grant offer at any time prior to its acceptance by the sponsor. E. A grant offer will expire, and the United States shall not be obligated to pay any part of the costs of the project unless the grant offer has been accepted by the sponsor on or before 60 days after the grant offer but no later than September 30 of the Federal fiscal year the grant offer was made, or such subsequent date as may be prescribed in writing by the FAA. F. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or In violation of Federal antitrust statutes, or misused in any manner In any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 8 of 27 any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. G. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with a grant agreement. H. If, during the life of an AIP funded project, the FAA determines that a grant amount exceeds the expected needs of the sponsor by $25,000 or five percent (5 %), whichever is greater, a grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, with the exception of planning projects, if there is an overrun in the eligible project costs, FAA may Increase a grant to cover the amount of the overrun not to exceed the statutory fifteen (15 %) percent limitation for primary airports or either by not more than fifteen percent (15%) of the original grant amount or by an amount not to exceed twenty -five percent (250/0) of the total increase in allowable project costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding for non - primary airports. FAA will advise the sponsor by letter of the increase. Planning projects will not be increased above the planning portion of the maximum obligation of the United States shown in the grant agreement. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. In addition, the sponsor's officially designated representative, is authorized to request FAA concurrence in revising the project description and grant amount within statutory limitations. A letter from the FAA concurring In the said requested revision to the project work description and /or grant amount shall constitute an amendment to a Grant Agreement. I. If requested by the sponsor and authorized by the FAA, the letter of credit method of payment may be used. It is understood and agreed that the sponsor agrees to request cash withdrawals on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 1. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this condition. III. Assurances (dated 911/99) A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated In and . become part of the grant agreement. B. Duration and Applicability. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 9 of 27 J Lh�t -I • 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section IIIC apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: • 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seg.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seg. d. Hatch Act - 5 U.S.C. 1501, et seg.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea.l•' f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seg. I. Clean Air Act, P.L. 90 -148, as amended. j. Coastal Zone Management Act, P.L. 93 -205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' h Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d -4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seg. p. American Indian Religious Freedom Act, P.L. 95 -341, as amended. • q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et semi .' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.' Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 10 of 27 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seal . t. Copeland Antikickback Act - 18 U.S.C. 874.' u. National Environmental Policy Act of 1969 — U.S.C. 4321 et v. Wild and Scenic Rivers Act, P.L. 90 -542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.z x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders a. Executive Order 11246 - Equal Employment Opportunityl b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 — Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs. e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constructionl f. Executive Order 12898 - Environmental Justice federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. • 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non - construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments .3 L 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally- assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted Programs.'•2 m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' o. 49 CFR Part 29 — Government wide debarment and suspension (non- procurement) and government wide requirements for drug -free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 11 of 27 5(s)q . q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.l. office of Management and Budget Circulars a. A -87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A -133 - Audits of States, Local Governments, and Non -Profit Organizations These laws do not apply to airport planning sponsors. Z These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A -87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person Identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act In connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which It will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. • b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 12 of 27 Scv) Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances In the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non- compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, It will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non - compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained In accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 13 of 27 ����Li 7. Consideration of Local Interest. It has given fair consideration to the interest of . communities in or near where the project may be located. B. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects Involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, It has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects Involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. . 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance - management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which Include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the • Single Audit Act of 1984. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 14 of 27 b. It shall make available to the Secretary and the Comptroller General of the United States, • or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, In accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a- 276a -5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veteran as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 15 of 27 ) (b-)q d. It will make such material available for examination by the public, and agrees that no • material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencles for maintenance and operation. It will not cause or permit any activity or action . thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non - aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport . (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 16 of 27 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including • the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within Its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to: (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed - based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in . this assurance, the services involved will be provided on the same conditions as would Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 17 of 27 5LS_)L_1 apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed - based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter Flights, pilot training, aircraft rental and sightseeing, . aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted In conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self- sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be Included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 18 of 27 SC.h�LJ owner or operator's facilities, including the airport, to support not only the airport but • also the airport owner or operators general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance In accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its Fiscal years, an annual report listing in detail: (1) all amounts paid by the airport to any other unit of govemment and the purposes for which each such payment was made; and (2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 19 of 27 a. Five (5) or more Government aircraft are regularly based at the airport or on land • adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather - reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed non - aviation areas and of all existing improvements thereon. Such Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the Airport Layout Plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not In conformity with the Airport Layout Plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities Is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the Airport Layout Plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the • property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 20 of 27 S( b)L1 31. Disposal of Land. . a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the most current version, at the time the grant is signed, of the advisory circulars listed under the following table titled "Current FAA Advisory Circulars for AIP Projects ", and In accordance with applicable state policies, standards, and specifications approved by the Secretary. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 21 of 27 L J 9 CURRENT FAA ADVISORY CIRCULARS FOR AIP PR03ECTS Dated. 7/1/99 Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 22 of 27 a)) Obstruction Marking and Lighting 70/7460 -1 150/5000 -13 Announcement of Availability - -RTCA Inc., Document RTCA -221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5210 -5 Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210 -7 Aircraft Fire and Rescue Communications 150/5210 -13 Water Rescue Plans, Facilities, and Equipment 150/5210 -14 Airport Fire and Rescue Personnel Protective Clothing 150/5210 -15 Airport Rescue & Firefighting Station Building Design 150/5210 -18 Systems for Interactive Training of Airport Personnel 150/5210 -19 Driver's Enhanced Vision System (DEVS) 150/5220 -4 Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220 -10 Guide Specification for Water /Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220 -13 Runway Surface Condition Sensor Specification Guide 150/5220 -16 Automated Weather Observing Systems for NonFederal Applications 150/5220 -17 Design Standards for Aircraft Rescue Firefighting Training Facilities 150/5220 -18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220 -19 Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles 150/5220 -20 Airport Snow and Ice Control Equipment 150/5220 -21 Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 150/5300 -13 Airport Design 150/5300 -14 Design of Aircraft Deicing Facilities 15015320 -5 Airport Drainage 150/5320 -6 Airport Pavement Design and Evaluation 150/5320 -12 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320 -14 Airport Landscaping for Noise Control Purposes 150/5320 -16 Airport Pavement Design for the Boeing 777 Airplane 150/5325 4 Runway Length Requirements for Airport Design 150/5340 -1 Standards for Airport Markings Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 22 of 27 a)) 0 11 Ll Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 23 of 27 Installation Details for Runway Centerline Touchdown Zone Lighting Systems 150/5340-4 150/5340 -5 Circle Airport Marker System _Segmented 150/5340 -14 Approach Lighting Aids -Economy 150/5340 -17 Standby Power for Non -FAA Airport Lighting Systems 150/5340 -18 Standards for Airport Sign Systems 150/5340 -19 Taxiway Centerline Lighting System 150/5340 -21 Airport Miscellaneous Lighting Visual Aids 150/5340 -23 Supplemental Wind Cones 150/5340.24 Runway and Taxiway Edge Lighting System 150/5340 -27 Air -to- Ground Radio Control of Airport Lighting Systems 150/5345 -3 Specification for L821 Panels for Remote Control of Airport Lighting 15015345 -5 Circuit Selector Switch 150/5345 -7 Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345 -10 Specification for Constant Current Regulators Regulator Monitors 150/5345 -12 Specification for Airport and Heliport Beacon 150/5345 -13 Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345 -26 Specification for L823 Plug and Receptacle, Cable Connectors 150/5345 -27 Specification for Wind Cone Assemblies 150/5345 -28 Precision Approach Path Indicator (PAPI) Systems 150/5345 -39 FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers 150/5345 -42 Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345 -43 Specification for Obstruction Lighting Equipment 150/5345 -44 Specification for Taxiway and Runway Signs 150/5345 -45 Lightweight Approach Light Structure 150/5345 -46 Specification for Runway and Taxiway Light Fixtures 150/5345 -47 Isolation Transformers for Airport Lighting Systems 150/5345 -49 Specification L854, Radio Control Equipment 150/5345 -50 Specification for Portable Runway Lights 150/5345 -51 for Discharge-Type Flasher Equipment _Specification 150/5345 -52 Generic Visual Glideslope Indicators (GVGI) 150/5345 -53 Airport Lighting Equipment Certification Program 150/5360 -9 Planning and Design of Airport Terminal Facilities at NonHub Locations Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 23 of 27 • 150/5360 -12 Airport Signing & Graphics 15015360 -13 Planning and Design Guidance for Airport Terminal Facilities 150/5370 -2 Operational Safety on Airports During Construction 150/5370 -10 Standards for Specifying Construction of Airports 150/5390 -2 Heliport Design 150/5390 -3 Vertiport Design 150/5100 -14 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5200 -30 Air ort Winter Safety and Operations 150/5200 -33 Hazardous Wildlife Attractants On or Near Airports 150/5300 -15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5370 -11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 15015370 -12 Quality Control of Construction for Airport Grant Projects 150/5370 -6 Construction Progress and Inspection Report- Airport Grant Program 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons In accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, It has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, Is Incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1966 (31 U.S.C. 3801). Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 24 of 27 IV. Standard DOT Title VI Assurances The sponsor hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, - Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations') to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the sponsor agrees concerning this grant that: A. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23 (b)) will be conducted or operated in compliance with all requirements of the Regulations. B. It will insert the following clauses in every contract subject to the Act and the Regulations: 'During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractors agrees as follows. 1. compliance with Regulations The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, 'DOT's 77tle 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. z. Nondiscrimination. The contractor, with regard to the work performed by it during the conbac4 shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment in all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its fadlitles as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and Instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions or Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 25 of 27 a. Withholding of payments to the contractor under the contract until the contractor . complies, and /or b. Cancellation, termination, or suspension of the contractt. In whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs X through 5 in every subcontract, Including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or FAA may direct as a means of enforcing such provisions including sanctions of noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor orsuppl/er as a result of such direction, the contractor may request the sponsor to enter into such Ahi7ation to protect the interests of the sponsor and, In addition, the contractor may request the United States to enter into such litigation to protect the interests of the Unite States. C. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. D. Where Federal financial assistance is in the form or for the acquisition of real property or an Interest in real property, the assurance shall extend to rights to space on, over, or under such property. E. It will include the following clauses, as appropriate: "I. The (grantee, licensee, lessee, peimitee, etc., as appropriate) for himself, his hells, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add as a covenant running with the land') that in the event facilities are constructed, maintained, or otherwise operated on the said Property described In this (deed, license, lease, permit, etc.) for a purpose for which a OOT program or activity is extended or far another purpose involving the provision of similar services or benefits, the (grantee, licensee, leasee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other f LM ments imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2 The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal representatives, successors In interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add as a covenant running with the land'9 that. • (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denled the benefits of, or be otherwise subjected to discrimination In the use of said facilities, (2) that In the construction of any Improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended, of the FAA may direct as a means of enforcing such provisions including sanctions or noncompliance. Provided, however, that in the event a contract becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to . enter into such litigation to protect the interests of the United States. " terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 26 of 27 as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar is agreements entered into by the sponsor with other parties: 1. for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and 2. for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. F. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or Is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods. 1. the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or 2. the period during which the sponsor retains ownership or possession of the property. G. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants or Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this . assurance. H. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. 11 This assurance is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the sponsor. I certify that, for any and all projects with Federal participation to be undertaken by the sponsor, the sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein. Name of Sponsor Signature of Sponsor's Designated Official Representative Title 711", Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 27 of 27 �Lh��l CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: �WY ITEM COST DEPT. BUDGET VENDOR Bag Film Bag Film $43,047.69 $37,865.00 _PURPOSE. Bag Production Bag Production Compost Compost Yes Yes Volm Bag Co Volm Bag Co. . The following items were authorized due to an emergency need: ITEM I COST I PURPOSE I DEPT. I BUDGET I VENDOR Date Approved: . Motion Made By: Seconded By: Resolution submitted for Council action by: �C��S RESOLUTION NO. 12422 • ACCEPTING PI SECURITIES FROM CITIZENS SANK & TRUST CO. WHEREAS, Citizens Bank & Trust Co, Hutchinson a city depository, has requested the following security be added under the collateral agreement with the City of Hutchinson: FM note 08-23 -2007 cusip 3136S2DQS $1,000,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Finance Director be authorized to accept the securities effective April 27, 2004. Adopted by the City Council this 25h day of May 2004. Marlin Torgerson . Mayor ATTEST: Gary D. Plotz City Administrator 5 «�) (Ir RESOLUTION NO. 12411 RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUESTED BY . PEACE LUTHERAN CHURCH TO USE PROPERTY LOCATED AT 400 GLEN ST S. FOR CLASS ROOMS AND MEETING ROOMS LOCATED IN THE R2 DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS Peace Lutheran Church, has applied for a conditional use permit to use the former Hantge Funeral Chapel located at 400 Glen Street South as class rooms, meeting rooms, and youth group activities associated with lbe church. They will possibly, rent the upstairs as an apartment, which is allowed in the R2 District. Section 8.05 o f the Zoning Ordinance requires and Conditional Use Permit for Churches and related facilities in RI and R2. LEGAL DESCRIPTION: Lot One (1), Block 53, Townsite of Hutchinson, South Half The North 64 feel of Lot Fourteen (14), Block fifty -three (5 3) and the North 64 feet of the East 22 feet of Lot Thirteen (13), Block Fifty —three (53), Townsite of Hutchinson, South Half 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby approves the conditional use permit with the following conditions: 1. The Building Official and Fire Officer must inspect the building and complete a code review. 2. Expansion of use beyond the application (classrooms, meeting rooms, youth group, apartment) would require further review. Adopted by the City Council this 25h day of May, 2004. ATTEST: •Gary D. Plotz City Administrator Marlin D. Torgerson Mayor • DATE: May 20, 2004 TO: Hutchinson City Council FROM: Hutchinson Planning Commission MEMORANDUM Hutchinson City Center 111 Hassan Street SE 1lutchia n, MN 55350.2522 320.587.515VFm 3y9- 734.4240 SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY PEACE LUTHERAN CHURCH TO USE PROPERTY LOCATED AT 400 GLEN ST S. FOR CLASS ROOMS AND MEETING ROOMS LOCATED IN THE R2 DISTRICT Pursuant to Section 8.04 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use pernvt. HISTORY The applicant is requesting a Conditional Use Permit to use the former Hantge Funeral Chapel located at 400 Glen Street South as class rooms, meeting rooms, and youth group activities associated with the church. They will possibly, rent the upstairs as an apartment, which is allowed in the R2 District, Section 8.05 of the Zoning Ordinance requires and Conditional Use Permit for Churches and related facilities in R and R2. FINDINGS OF FACT 2 •1. The required application submitted and fees were submitted. . Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on May 6, 2004 3. There were no neighboring property owners present at the public hearing objecting to the request. 4. T he property use was a funeral home known as Dobrat•- Hantge Funeral Chapel for many years prior to this request. At on time, the upstairs was a residential unit however in the later years it was office space. RECOMMENDATION The Planning Commission unanimously voted to recommend approval of the conditional use permit with the following conditions: 1. The building Official and Fire Officer must inspect the building and complete a code review. 2. Expansion of use beyond the application (classrooms, meeting rooms, youth group, apatttnent) would require further review. Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Connnission cc: Jerry Haag, Peace Lutheran Church, 400 Franklin St. S • printw un rwycm paper CITY OF HUTCHINSON PLANNING STAFF REPORT • To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Susan Rolander, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: May 7, 2004 —Meeting Date: May 18 , 2004 Applicant: Peace Lutheran Church, property owner CONDITIONAL USE PERMIT Brief Description The applicant is requesting a Conditional Use Permit to use the former Hantge Funeral Chapel located at 400 Glen Street South as class rooms, meeting rooms, and youth group activities associated with the church. They will possibly, rent the upstairs as an apartment, which is allowed in the R2 District. Section 8.05 of the Zoning Ordinance requires and Conditional Use Permit for Churches and related facilities in R1 and R2. . GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) r7 LJ Property Location: 400 Glen St. S. Lot Size: 82.5' X 156.75' Existing Land Use: Former Funeral Chapel Adjacent Land Use And Zoning: Residential Church to the West Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The property use was a funeral home ]mown as Dobratz- Hantge Funeral Chapel for many years prior to this request. At on time, the upstairs was a residential unit however in the later years it was office space. Applicable Regulations: Transportation: Section 8.04 of the Zoning Ordinance SPECIAL INFORMATION Glen Street South Conditional Use Permit Peace Lutheran Church Planning Commission --May 1$, 2004 . Page 2 Parking: Churches, auditorium and other places of assembly 1 space per every 4 seats. The existing parking lot and church parking lot provide space for this type of use. Analysis and Recommendation: Staff woiild recommend approvsl of thr iisn change There wFs discussion regarding the parking area. The parking lot was expanded in 1997. The use is very similar to the previous use in that it provides for assembly area. Staff would recommend approval with the following conditions: 1. The Building Official and Fire Officer must inspect the building and complete a code review. 2. Expansion of use beyond the application (classrooms, meeting rooms, youth group, apartment) would require further review_ LJ Cc: Jerry Haag, Peace Lutheran Church, 400 Franklin Street S. rIL t' w 1 y ng t S ms, 21 toy �&w,h6J% n. ..,,. f @ q ke may. ,., ✓"a.a'1` a�,. , • RESOLUTION NO 12412 VARIANCE, REQUESTED BY 3 -1) CNC LOCATED AT 1055 -5T" AVE. S.E. TO REDUCE SIDE YARD SETBACK FROM 20 FEET TO 17 FEET FOR THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING NONCONFORMING BUILDING AND REDUCE PARKING SPACE LENGTH BY 2 FEET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Robert Malone, 3 -D CNC, has applied for a variance to reduce side yard setback and reduce parking space length: Legal Description: Lot 7, Block I, First Addition to Hutchinson Industrial District 2, The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3, The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. • CONCLUSION The City Council hereby approves the variance based on the hardship of the error in placement of the building in 1995 and the maneuverability in the parking lot, but approves the variance with the following conditions: 1. Additional trees should he added to the landscaping plan (2 inch minimum). Further discussion and coordination with the City Forester could assist in the process. 2. Plantings shall be completed prior to final inspection of the building 3. A design for the outlet pipe on the northern end of the property must be submitted, prior to permit issuance. 4. Parking lot must be paved prior to certificate of occupancy issuance. 5. Garbage area must be enclosed and screened. Adopted by the City Council this 25t" day of May, 2004- ATTEST: • Gary D. Plotz City Administrator Marlin D. Torgerson Mayor CJ MEMORANDUM DATE: May 20, 2004 TO: Hutchinson City Council FROM: Hutchinson Planning Corrunission Hutchinson City Center 171 Hassan Street SE Hutchinson, MN 55350.2522 320- 5137.5151/Fax 320.234.4240 SUBJECT: CONSIDERATION OF VARIANCE REQUESTED BY 3 -D CNC LOCATD AT 1055 -5TM AVE S.E. TO REDUCE SIDE YARD SETBACK FROM 20 FEET TO 17 FEET FOR THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING NONCONFORMING BUILDING AND REDUCE PARKING SPACE LENGTH BY 2 FEET Pursuant to Section 8.14 and 10.02 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY The applicant is requesting a Variance to reduce side yard setback from 20 feet to 17 feet for an addition onto the existing building, which is not parallel with the easterly lot line. (The original plans for the building provided for a 20 foot setback along the eastern property line.) The variance would maintain the current building line. There was a "one -stop- shop" meeting held on April 16i5 with the developer and property owner. They are also requesting a reduction in parking space length by 2 feet to ease maneuverability in the parking lot. The hardship is stated as having to make a construction adjustment in the building line and maneuverability in the parking lot. FI- TDINNQS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on May 6, 2004. 3. At the public hearing held, no neighbors were present to objecting to the request. 4. The Zoning Code provides for a planting of trees at a rate of 1 per 800 square feet of landscaped area. There is approximately 16,000 square feet of area that would be within this calculation. This would equal an amount of 20 trees. There are 3 trees which would remain, 4 which would be relocated; thus leaving approximately 13 additional trees necessary. The applicant has proposed 14 additional scrubs. The Code anticipates flexibility, as the City has provided in other cases. However, there should be discussion about planting requirements. 5. Stalls are required to be 8.5' x 20'. A variance is also necessary for the 18' stalls located on the South side of the building. There would be room for the car to overhang onto the sidewalk - 6. This area has more than 1 acre of impervious surface. The applicant has provided plans that indicate a new stormwater area to the north of the parcel and have indicated the proposed grading plan. It was noted at the Staff meeting and the one - stop -shop meeting that there needs to be an overflow outlet for the pond in the event of an unusual storm event. This should be submitted prior to permit issuance for the building construction. RECOMMENDATION The Planning Commission voted to unanimously recommend approval of the variance based on the hardship of the error in placement of the existing building in 1995 and the maneuverability in the parking lot with the following . conditions: - Printed on mycled paper' C Finding of Fact 3 -D CNC _ 1055 -5" Ave. May 20, 2004 Page 2• 1. Additional trees should be added to the landscaping plan (2 inch minimum). Further discussion and coordination with the City Forester could assist in the process. 2. Plantings shall be completed prior to final inspection of the building 3. A design for the outlet pipe on the northern end of the property must be submitted, prior to permit issuance. 4, Parking lot must be paved prior to certificate of occupancy issuance. 5. Garbage area must be enclosed and screened. RespecffWly submitted, Dean K rchoff, Chairman Hutchinson Planning Commission cc: Robert Malone, 3 -D CNC, 1055 -51 Ave SE Art Hagen, Hagen Builders, 150 Olsen Blvd., Cokato MN 55321 • SCc�� CITY OF HUTCHINSON PLANNING STAFF REPORT 0 To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Susan Rolaner, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wisehnack, AICP, and Bonnie Baumetz Date: May 7, 2004 — Meeting Date: May 18, 2004 Applicant: Robert Malone, 3 -D CNC, property owner VARIANCE Brief Description The applicant is requesting a Variance to reduce side yard setback from 20 feet to 17 feet for an addition onto the existing building, which is not parallel with the easterly lot line. (The original plans for the building provided for a 20 foot setback along the eastern property line.) The variance would maintain the current building line. There was a "one- stop- shop" meeting held on April 16'h with the developer and property owner. They are also requesting a reduction in parking space length by 2 feet to ease maneuverability in the parking lot. The hardship is stated as having to make a construction adjustment in the building line and maneuverability in the parking lot. GENERAL INFORMATION Existing Zoning Property Location: Lot Size: 12 ( Heavy Industrial) 1055 — 5th Ave. SE 2 acres Existing Land Use: Light Industrial Adjacent Land Use And Zoning: Industrial Comprehensive Land Use Plan: Industrial Zoning History: The property was developed by 3 -1] CNC in 1995. A site plan dated 9/12/95 indicated the building would be placed 20 feet from the property line as required. Applicable Regulations: Sections 8.14 and 10.02 of the Hutchinson Zoning Ordinance SPECIAL INFORMATION Transportation: 5'h Ave. SE Variance 3 -D CNC Planning Commission — May 18, 2004 . Page 2 Parking: Manufacturing — 1 space per employee on principal shift or 2 spaces per 1,000 sq. ft. (The business has 18 employees on the principal shift. The plan provides for 47 parking spaces.) Stalls are required to be 8.5' x 20'. A variance is also necessary for the 18' stalls located on the South side of the building. There would be room for the car to overhang onto the sidewalk. Landscaping Requirements: The Zoning Code provides for a planting of trees at a rate of 1 per 800 square feet of landscaped area. There is approximately 16,000 square feet of area that would be within this calculation. This would equal an amount of 20 trees. There are 3 trees which would remain, 4 which would be relocated; thus leaving approximately 13 additional trees necessary. The applicant has proposed 14 additional scrubs. The Code anticipates flexibility, as the City has provided in other cases. However, there should be discussion about planting requirements. Stormwater: This area has more than 1 acre of impervious surface. The applicant has provided plans that indicate a new stormwater area to the north of the parcel and have indicated the proposed grading plan. It was noted at the Staff meeting and the one- stop -shop meeting that there needs to be an • overflow outlet for the pond in the event of an unusual storm event. This should be submitted prior to permit issuance for the building construction. Analysis and Recommendation: Staff reviewed the request would recommend approval based on the hardship of the error in building placement in 1995 and the maneuverability in the parking lot would benefit from a shortened parking space. The following conditions should be considered: I . Additional trees should be added to the landscaping plan (2 inch minimum). Further discussion and coordination with the City Forester could assist in the process. 2. Plantings shall be completed prior to final inspection of the building 3. A design for the outlet pipe on the northern end of the property must be submitted, prior to permit issuance. 4. Parking lot must be paved prior to permit issuance. CCrca 5. Garbage area must be enclosed and screened. Cc: Robert Malone, 3 -D CNC, 1055 5tb Ave SE Art Hagen, Hagen Builders, 150 Olsen Blvd, Cokato MN 55321 5(C) D� 20' BUILDING AND PAVNG SETBACK -T 0 x �. .1 F (NOT .] TO I I KNOT TO GRA[ NATURAUM a I Gra. Surface o I (under mnelrV BLOCK1i PftOPOSCD PARM0 I i 7 P P )I WMPSiFF rn P 8 RE -76.1 a G C (NOT i0 GRADE) m LOAD c DDCK W/ h VMIANCE RED U ST ftT KING t1 J PftOPOSEO I FOR PRINCIPAL STRUCTURE SETBACK .ref B01W1No I (NAINTANS CURRENT L 9TARIpR dace ON UNE OF BUEf4140) Bo Es 6 a PRppO$E9 IPM IND I �I Existing Building d. o s FFE 1079.6 E yR Eelsting Bolding CURS �t w I STOP N/r E P L zz� ZI ., CI ) PROPOSED I E I I VAMM REOMT 5 PMR FOH G Ads (SEE DET L FD 4NW — P•p�I NV. 2,7 e�lE�]7.1 �__I� 7 I K-76,1 1 7 I INVM71.5 20' PAVING SE18A - — — — X40' BURDING SETBACK REW 160 4 —s.N� xr sw sw sw sw our FIFTH AVENUE SE =ro- RE�7].7 (Formerly Arch Street) INV�70.4 SHEET 1 — Site Plan SHEET 2 — Grading /f Hagen QWNM n Companies 150 Olsen Boulevard Cokato, MN 55321 320 --286 -5595 PL14NNER, ENGINEER, Westwood Professionc 3701 12th Street Not St. Cloud, MN 56303 320 --253 -9495 Exist�'Ing6Z Doing: I -2 Site Area: 2.0 ACt Existing Building: 9,4' Building Addition 5,4E Parking Required: 2/ Parking Provided: 46 Landscaped (Sodded) Existing roes to ren Existing trees to rel Proposed surubs: 1• Annuals: As needed uveshmmd PR7fE55 nal services, Inc. — � Hagea 3101 ILh5bM llertl�iliN la{ L% Ohm 5� \ x Pa.A IAN sdoa ■ \r� rnNIN>taealsHaf Fu: amsssm7 2md oIAN1et hNYr — M.A1y{ ..__ N. =39 Cokoto• � Juniper) 5 gal —4'oc ANNUALS 112 =S TO AIN HANDICAP--j "° 54 � SIGNS (TYP) CONCRETE SIDEWALK 8' DIAMETER MODULAR W/ CURB CONCRETE BLOCK PLANTER W/ FLAGPOLE Yar t SOD aced for. Hagen Companies i• . , CONCRETE CURB & GUTT R (SEE GRADING PLAN FOR DETAIL) 3Do -CNC, Inc. m I O' U4 Bonnie Baumetz - 3DC &C Pond area for additional Trees 73;;—f From: To: Date: Subject: Mark Schnobrich Bonnie Baumetz; Julie Wischnack 5110/04 12:12PM 3DC &C Pond area for additional Trees I examined the 3DC &C prop. on Wed. 5, May and found that the opportunity to plant numerous trees along their north prop line exists and maybe should be considered as a buffer between 3DC &C and Hutchinson Utilities cooling tower. hni Mark Schnobrich 1100 Adams St.SE Hutchinson, MN,USA 320 - 234 -4459 tele 320 - 234 -7485 fax m schnobrich@ci. h u tch i nson. m n. u s i1 LJ • MEETING NOTES 3 -D CNC April 16,2W Attendees! Art Hagen, Robert Malone, Jim Popp, Don Nelson, Cal Lee, Steve Sturges, Barry Greeve, Mark Schnobrich, Susan Rolander, Lisa McClure, Julie Wischnack, John Rodeberg and Bonnie Baumetz Julie Wischnack opened the meeting with introductions. She stated the existing building was constructed in 1997. She explained the proposed building addition and the variance required. Art Hagen, contractor for the project, commented on the addition which will be an addition to the front for office space and to the back for production area with additional restrooms. He explained the type of construction. He stated there will be parking in the front with curb and gutter and also a blacktop parking lot in the rear. The surface nun -off drains to the existing holding pond. He stated they will clean out and increase the depth in the pond. Art stated they anticipate a June V beginning date for construction. Bob Malone stated they do. not anticipate additional electric load. He commented on the landscaping plan and the calculation of trees on the lot. He stated the pond will be reseeded and become a refuge area. • Mark Schnobrich reported they have applied for energy trees. He will review the landscaping plan for the planning staff meeting. Bob M. explained the process of the building as general machining. John Rodeberg stated no chemicals will be allowed in sewer system. Barry Grieve will check on the need to sprinkle the building. Steve Sturges asked about additional natural gas usage. Bob M. stated there will not be additional natural gas needed. Cal Lee asked about additional telephone lines into the building. Bob M. stated they will need another module to expand capacity. Jim Popp stated the alarm system will be extended to the addition and the access to the building is appropriate. He reported there are hydrants in the back of the building. Bob M. stated there will be fire walls between the office and production areas. John R. stated the plan looks good and they do not need new calculations on the pond. He will review the ponding but is not worried about the existing pond. He stated the pond may or may not need a pipe assuming the pond drains dry between events. The pipe should be 6 to 8 inches to weed out flow. • Lisa McClure asked about staffing. Bob M. stated there are now 29 employees and will add to 40 employees. �)( C) (3. 00001 11 � J I I (I N I► (O 7 f s L J k 3 VARIANCE REQUESTED BY BARRY OLSON, 304 COLLEGE AVE. N.E., TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 18 FEET FOR THE CONSTRUCTION OF A COVERED ENTRY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1, Barry Olson, property owner, has applied for a variance to reduce front yard setback: Legal Description: Lots I and 2 except the South 6 feet and 6 inches ofsaid Lot 2 in Block 7 in College Addition to Hutchinson 2, The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the variance based on the hardship the house was constructed before the ordinances were in place, but approves the variance with the following conditions: 1. The addition must not extend into the setback beyond that of the existing garage. 2. Must not build over utility lines or meters which must be moved at owner's expense. Adopted by the City Council this 25 "' day of May, 2004. ATTEST: Gary D. Plolz . City Administrator Marlin D. Torgerson Mayor E • DATE: May 20, 2004 TO: Hutchinson City Council MEMORANDUM FROW Hwpllingnn Planing (:Vromission Hutchinson Citty Center 111 Hascsn Street SE Hutehimon, MN 55350.2522 320- 587.5151/Fax 320. 234-4240 SUBJECT: CONSIDERATION OF VARIANCE REQUESTED 13Y BARRY OLSON, 304 COLLEGE AVE. N -E -, TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 18 FEET FOR THE CONSTRUCTING OF A COVERED ENTRY Pursuant to Section 8.05 of Zoning Ordinance No. 464, the Ilutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HIST RY The applicant is requesting a variance to reduce front yard setback from 25 feet to 18 feet for the construction of a 6'x 9' covered entry- The applicant is currently remodeling and has completed a deck and staircase on the home. Uncovered decks are allowed to encroach into half of the `yard" as defined in the ordinance. The `yard" in this case is 23 feet from the existing home to the property line. Half of the distance would then be 11.5 feet. A permit was issued for the deck construction only. The applicant is requesting consideration of a covered area, which then would require a variance. There will also be uncovered stairs and a landing protruding 7 feet beyond the entry. A building permit was issued to begin construction of the deck without the roof and install a door. The hardship is stated as the house was constructed in 1911 before there were zoning ordinances. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid - 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on May 6,2004 3, At the public hearing held, no neighbors were present to objecting to the request. 4. The Planning Commission reviewed the drawings noting the average setbacks of the homes on the block. This particular request will not extend beyond the average setbacks in the area. Staff has recommended approval in similar cases where the front yard setback requirement presents a challenge in a covered entry situation. RECOMMENDATION The Planting Commission voted to unanimously recommend approval of the variance based on the hardship the house was constructed before the ordinances were in place with the following conditions: 1. The addition must not extend into the setback beyond that of the existing garage. 2. Must not build over utility lines or meters which must be moved at owner's expense- Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission . Cc: Barry Olson, 304 College Ave. N.E. Larry Murphy, Quality Home Improvements, 271- 3"Ave.N -W. 7rimd km mcycled pxper- 11 L CITY OF HUTCHINSON PLANNING STAFF REPORT To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Susan Rolaner, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: May 7, 2004 — Meeting Date: May 18, 2004 Applicant: Barry Olson, Property Owner VARIANCE Brief Description The applicant is requesting a variance to reduce front yard setback from 25 feet to 18 feet for the construction of a 6' x 9' covered entry. The applicant is currently remodeling and has completed a deck and staircase on the home. Uncovered decks are allowed to encroach into half of the "yard" as defined in the ordinance. The `yard" in this case is 23 feet from the existing home to the property line. Half of the distance would then be 11.5 feet. A permit was issued for the deck construction only. The applicant is requesting consideration of a covered area, which then would require a variance. There will also be uncovered stairs and a landing protruding 7 feet beyond the entry. A building permit was issued to begin construction of the deck without the roof and install a door. The hardship is stated as the house was constructed in 1911 before there were zoning ordinances. GENERAL INFORMA'T'ION Existing Zoning: R2 (Medium Density Residential) Property Location: 304 College Ave. NE Lot Size: 127'x 112.8' Existing Land Use: Single Family Residential Adjacent Land Use And Zoning: R2 ( Single and Two Family Residential) Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: N/A Applicable Regulations: Section 8.05 of the Hutchinson Zoning Ordinance L I 11 • Variance Barry Olson — 304 College Ave NE Planning Commission — May 18, 2004 Page 2 SPECIAL, INFORMATION Transportation: College Ave. N.E. Parking: N/A Analysis and Recommendation: The Planning Staff reviewed the drawings noting the average setbacks of the homes on the block. This particular request will not extend beyond the average setbacks in the area. Staff has recommended approval in similar cases where the front yard setback requirement presents a challenge in a covered entry situation. Staff would recommend approval of the request based on the hardship the house was constructed before the ordinances were in place with the following conditions: I . A survey of the property is required to verify property lines (anticipated receipt 5/18/04). 2. The addition must not extend into the setback beyond that of the existing garage. 3. Must not build over utility lines or meters which must be moved at owner's expense. Cc: Barry Olson, 304 College Ave. N.E. Lany Murphy, Quality Home Improvements, 271 -- 3° Ave. N.W. r lr)` )i r urttuNwY1 LN .O9 N0. 06102 w[ P —s s P6 63 I CERTIFICATE OF SURVEY FOR BARRY OLSON DESCRIPTION AVENUE a • Dew. manum.m f"m 30`I Col cr fear COLLEGE c! Lots I an•i 2 except the South 6 D C.neu, veer nartw.M >.1 and 6 inches of said Lot 2 in Block 7 in I _ .. MOfM IIM 01 One $pVM R.:4 IeN e}cor s, 9bd+T. [AkEGE 6WN hrr.hr [.r }Ifr ,ere+ Inb 9urvq, plop .r College Addition to Hutchinson. 1 --' R.p.rt .pa pr.per.d hr w sr mdr4 q.d lr.et �« pek' 126.9 Inned.l I 6.7t. ) � r land Surveyor under +h. leer o1 A. Stet. el �pr5H1. 111 BLOCK I < 7 E,IStlnq Heme 1 Lod 2 HbA T, ttVE9E pDD+, } R PVS[h 1 I Expreg lw,e 23.9 d<e6 l0 w t p0L E m O D 20 40 is IR 11d1 N 5 � — r lr)` )i r urttuNwY1 LN .O9 N0. 06102 w[ P —s s P6 63 I + fA Q ? a a • Dew. manum.m f"m e GI D C.neu, veer nartw.M >.1 veft„ I _ .. MOfM IIM 01 One $pVM R.:4 IeN e}cor s, 9bd+T. [AkEGE 6WN hrr.hr [.r }Ifr ,ere+ Inb 9urvq, plop .r 1 --' R.p.rt .pa pr.per.d hr w sr mdr4 q.d lr.et 126.9 Inned.l 6u9.rt 161.D end In.l ae du+r I[ena.d r land Surveyor under +h. leer o1 A. Stet. el 111 BLOCK I < 7 E,IStlnq Heme 1 Lod 2 HbA T, ttVE9E pDD+, } R PVS[h r lr)` )i r urttuNwY1 LN .O9 N0. 06102 w[ P —s s P6 63 I Q ^ °f Safi f���k E e v n <-33' — — — 33' J'.' • GN GpfEcr/ItOv¢ f_Jbb l I irEti�� 9�Rq 3a' 1jen�..7 Gisun+ 'L ._ >9 �„u ��� ,ti � ,r a _.. ,_ [ • f 0 • RESOLUTION NO 12414 VARIANCE REQUESTED BY DAVID BROLL TO INCREASE LOT COVERAGE REQUIREMENTS FROM 35 % TO APPROXIMATELY 37% FOR CONSTRUCTION OF FOUR SEASON PORCH ON TOWNHOUSE LOCATED AT 70 ORCHARD AVE. S.E. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. David Broil, property owner, has applied for a variance to increase lot coverage: Legal Description: Lots S and 6, Block 1, Rearrangement of Broll's Yd Addition 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the variance based on the hardship was created by the code which is too stringent in this case and the over all impact of the development is not affected, but approves the variance with the following conditions: 1. Utility meters must not be covered by the construction and removal would be at owner's expense. 2. The drainage in the southern portion of the property is questionable. Particular attention to how this area drains to the east and along the side property line is of the utmost importance. The drainage solutions must be presented prior to construction of this addition. 3. This lot may not contain any more structures. Adopted by the City Council this 25`h day of May, 2004. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor rIL DATL: May 20, 2004 '10: Hutchinson City Council M E 'NI 0 R A N 1) U M FRONT: 1lutchinrnn Planning Commission llutchinson C'il+ C'enler III Ha..c:tn sn.et .9r. Huirhin..nn. NIN 55 }e0 -2,22 !20.234 -4240 SUBJEC'I : CONSIDERATION OF VARIANCF. RFQLTS'f LD BY DAVID BROLL TO INCREASE LOT COVERAGE REQUIREMENTS FROM 35 IX, TO APPROXIMATELY 3791 FOR ( ONSTRUCI'ION OF FOi FR SEASON PORCH ON TOPVNHOUSE LOCAL LD A'r 70 ORCHARD AV L. S.E. Pursuant to Section 8.06 of Zoning Ordinance No. 464, the Hutchinson Planning. Commission is hereby submitting its findings of fact and reconunendation with respect to the aforementioned request foe a variance. H [STOP Y 1 -hc applicant is requesting a variance to increase lot coverage from 35%, to approximately 37% for the cunsUuction ofa 4- season porch onto a newly constructed townhouse. The porch does meet the setback requuentents. 7'he percentage of lot coverage IS questionable since there is a patio with the uverhang of the roof extending over the patio /sidewalk ilea, if we consider the puhu in the calculation, there would be 38% coverage with the porch. if we do not consider the patio, there is 36 5 ",'n coverage, The applicant feels this covered patio is an unusual ciicunistance. FTNDTN(iS OF FACT I he required application was subnuticd and the appropriate fee paid. Notices were mailed to the surrounding property owners as well as published in the Ilulchmson.l.cader on May 6. 2004. At the public hearing held, no neighbors were present to objecting to the request. RECOMMLNDA'170N The Planning C'omrnission voted to unanimously recommend approval of the variance based on the hardship was created by the code which is too stringent in this case and the over all impact of the development is not affected with the fallowing conditions: I. Utility meters must not he covered by the construction and removal would be at owner's expense, 2. The drainage in the southern portion of the property is questionable. Particular attention to flow thus area drains to the east and along the side property line is of the utmost importance, The drainage solutions must be presented ptioi to conslructiun of this addition. This lot may not contain any more structures. . C:c: David Broll, 547 Milwaukee Ave. S,W, Respectfully submitted, Dean Kirchoff; Chairman Hutchinson Planning Commission P ii n, rA an ,.r, rlen p.y>ei . CITY OF HUTCHINSON PLANNING STAFF REPORT • To: Hutchinson Planning Commission Prepared Bv: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Susan Rolaner, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: May 7, 2004 — Meeting Date: May 18, 2004 Applicant: David Broll, Property Owner VARIANCE Brief Description The applicant is requesting a variance to increase lot coverage from 35% to approximately 37% for the construction of a 4 season porch onto a newly constructed townhouse. The porch does meet the setback requirements. The percentage of lot coverage is questionable since there is a patio with the overhang of the roof extending over the patio /sidewalk area, If we consider the patio in the calculation, there would be 38% coverage with the porch. If we do not consider the patio, there is 36.8% coverage. The applicant feels this covered patio is an unusual circumstance. . GENERAL INFORMATION Existing Zoning: R3 (Medium -High Density Residential) Property Location: 70 Orchard Ave. S.E. Lot Size: 40'X 150' Existing Land Use: Townhouse Adjacent Land Use And Zoning: Townhouse Comprehensive Land Use Plan: Mixed Use Residential Neighborhood Zoning history: The property was replatted in 2000 for townhouse construction. Applicable Regulations: Section 8.06 of Hutchinson Zoning Ordinance SPECIAL INFORMATION Transportation: Orchard Ave. SE Parking: Minimum of 2 spaces per dwelling. '5(c)'� Variance David 13roll -- 70 Orchard Ave. SF. Planning Commission — May 18, 2004 . Page 2 Analvsis and Recommendation; The staff recommendation was not unanimous in that there were 6 votes to recommend denial and 9 votes to recommend approval. Some of the reasons for not granting the request were issues with the hardship and the houee is too large for the lot. On the aidc for granting the vat id„�r, blafr believed that the hardship is created by the code and if there were certain conditions followed, there would be a positive outcome for the drainage in this area. The following would be conditions- 1. Utility meters must not be covered by the construction and removal would be at owner's expense. 2. The drainage in the southern portion of the property is questionable. Particular attention to how this area drains to the east and along the side property lines is of the utmost importance. The drainage solutions must be presented prior to construction of this addition. 3. This lot may not contain any more structures. • cr David Sroll, 547 Milwaukee Ave. SW • 6 kyj 11 0 11 5CINT: 1/ 9" =1' - 0" N90 00, 00" f 90.00 90,Ck? to 10 I 20 I I I I I I 20 C) O I c� i bu 12 w I I b FX15T1N6 1WIN �ylr6 O O FX15TIN(A TWIN NOME °n A\ lYp I o - - I AlI0N 10 10 I � I 90.00 N90 00' 00" X0,00 fv i 0 � V 11 \ . .. . . .. . ._ 222. \ /yam ?© »m «\ i it To The City of Hutchinson: .. ! t..a ..i S Biulldei-s, Inc. As President of First Class Builders, Inc., you'll be able to look back and find I normally don't ask for variances, but this one truly makes sense to do for several reasons as follows: 1) It fits in with the neighboring homes. As you can see on the exhibits, the homes on both sides of the subject property have four season porches also. 2) It does not lower the value, but raises the values of the neighborhood. 3) The 4 Season Porch meets all the set backs, the reason for the variance is because of the 35% structure rule, this makes it 36.8% 4) This also meets the open space easement that is required for this townhome development. Please consider the approval for this variance. Sincerely, �Qtw -L� ),J 6L,6-� David W. Broll 777 5(c� U F4 M, Neighbor to the west-already has a 4 Seaso Porch. i Exhibit 2 N, eighbor to the East is 74 Orchard Avenue, already has a 4 Season Porch,, this adjoins subject p perty. Exhibit 4 MOMM3= Exhibit 5 Front porch of s�ubject property. E 0 RESOLUTION NO 12415 VARIANCE REQUESTED BY RANDALL AND EDITH CARLSON, PROPERTY OWNERS, TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 8.8 FEET FOR THE CONSTRUCTION OF ADDITION TO EXISTING NONCONFORMING DUPLEX LOCATED AT 426 HURON STREET SE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MM FINDINGS 1. Randall and Edith Carlson, property owners, have applied for a variance to reduce front yard setback: Legal Description: Lot 3, Block 45 South IIalf of Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the variance based on the hardship of the unusually wide boulevard and the age of the home constructed before the ordinance were in place, but approves the variance with the following conditions: 1. There must not be additional living units in the house_ Two families (as defined by ordinance) is the maximum. 2. A written statement from the property owner that this home would only be used for two families. 3. The building inspector /fire service administrator shall verify all of the appropriate life /safety codes are being met. 4. Removal or relocation of services is at owner's expense 5. Grading of the site must not negatively impact the neighboring properties. 6. Addition must not extend closer than shown on the survey dated 4/20/2004. 7. If trees are removed on the lot, boulevard trees must he planted to replace the trees lost. Adopted by the City Council this 25 °i day of May, 2004. 04614-16 Gary D. Plotz City Administrator Marlin D. Torgerson Mayor n(C'�5 0 Hy o, ti 0.'ii,q pWasv "d49 May 19, 2004 To: City of Hutchison Planning Commission From: Randall and Edith Carlson Re: Variance Request for 426 Huron Street SE In response to your request for validation that we will not be allowing more than 2 families to occupy this residence. • We do not intend to allow more than 2 family units on this property in keeping with the zoing restriction for this neighborhood. Our intention was to provide some badly needed 4 bedroom apartments into the city of Hutchinson. 0 5(c�)5 J 11 DATE: %lay 20, 2004 TO: Hutchinson City Council M E M. Q R_A.V.O_L7 M FROM: Hutchinson Planning Commission Hutchinson City Center 111 Ha..5an Street Sr. 1-ltllchln8on, MN $535162522 320- 587- 5*1/17a% 320.234.4240 SL1BdECT: CONSIDERATION OF VARIANCE REQUESTED BY RANDALL AND EDITH CARLSON , PROPERTY OWNERS, TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 8.8 FEET FOR THE CONSTRUCTION OF ADDITION TO EXISTING NONCONFORMING DUPLEX LOCATED AT 426 HURON STREET SE. Pursuant to Section 8.05 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY The applicant is requesting a variance to reduce front yard setback 16.2 feet for the construction of a 20'x 31' addition onto the duplex. There is a 24 foot boulevard on this area of Huron St. SE. They state the hardship as the house being constructed in 1895 which is prior to zoning restrictions. Also, there is a large boulevard which is typically 12 feet, in this case it is approximately 23 feet. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on May 6, 2004. 3. At the public hearing held, no neighbors were present to objecting to the request. RECOMMENDATION The Planning Commission voted to unanimously recommend approval of the variance based on the hardship of the unusually wide boulevard and the age of the home before the ordinances were in place with the following conditions: 1. There must not be additional living units in the house. Two families (as defined by ordinance) is the maximum. 2. A written statement from the property owner that this home would only be used for two families. 3. The building inspector/fire service administrator shall verify all of the appropriate life /safety codes are being met. 4. Removal or relocation of services is at owner's expense 5. Grading of the site must not negatively impact the neighboring properties. 6. Addition must not extend closer than shown on the survey dated 4/2012004. 7. If trees are removed on the lot, boulevard trees must be planted to replace the trees lost. Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission Cc Randall and Edith Carlson, 426 Huron St S.E. Pnnred an recycled paper -5 (C)-5 CI'T'Y OF HUTCHINSON PLANNING STAFF REPORT . To: Hutchinson Planning Commission Prepared Hy: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Susan Rolaner, Jean Ward, .John Rodeberg, P.E., John Webster. John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: May 7, 2004 — Meeting Date: May 18, 2004 Applicant: Randall and Edith Carlson, Property Owners VARIANCE Brief Description The applicant is requesting a variance to reduce front yard setback 16.2 feet for the construction of a 20' x 31' addition onto the duplex. There is a 24 foot boulevard on this area of Huron St. SE. They state the hardship as the house being constructed in 1895 which is prior to zoning restrictions. Also, there is a large boulevard which is typically 12 feet, in this case it is approximately 23 feet. . GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Property Location: Lot Size: 426 Huron Street S.E. 66'x 132' Existing Land Use: Two family residential Adjacent Land Use And Zoning: R2 (Medium Density Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The house was constructed in 1895. A Conditional Use Permit was granted in 1999 to construct a 936 sq. tit. pole type garage. Applicable Regulations: Sections 6.04 and 8.05 of Hutchinson Zoning Ordinance SPECIAL INFORMATION . Transportation: Huron Street S.E. Parking: 2 :paces per dwelling unit ��� Variance Randall and Edith Carlson — 426 Huron St. S.E. Planning Commission — May 18, 2004 . Page 2 Analysis and Recommendation: Staff discussed the use of the large addition and noted the zoning in this area will permit up to 2 family only. The property is serviced by one water and sewer account. The billing indicates a 2 unit property. 1 he gas and electric utility indicates 2 meters for the building. Staff has concerns about the additional square footage encouraging more than two families in the structure. however, with conditions and notifications by the utilities if something is changed, will assist in ensuring this does not occur. Staffwould recommend approval of the request based on the hardship of the large boulevard and the age of the home with the following conditions: 2 3 4 5 6 7 The must not be additional living units in the house. two families (as defined by ordinance) is the maximum. A written statement from the property owner that this borne would only be used for two families. The building inspector /tire service administrator shall verify all of the appropriate life /safety codes are being met. Removal or relocation of services is at owner's expense Grading of the site must not negatively impact the neighboring properties. Addition must not extend closer than shown on the survey dated 4/20/2004. If trees are removed on the lot, boulevard trees must be planted to replace the trees lost. Cc: Randall and Edith Carlson, 426 Huron St. SE. r� U '�)C65 V 0 0 CERTIFICATE OF SURVEY FOR EDITH CARLSON I DESCRIPTION L )t 3, Block 45, SOUTH HALF OF HUTCHINSON. 9 2 w Nsn.a I = I I s 132.00 — — I 5 Gardee e C 3 J B J 0 i aye I I BLOCK I 45 I I I C u PELLIREN LAND SURVEYING NK P -323 PG 32 O /0 20 40 E.nlind Home W W Jf0 /P //r lee, 8 � 31 • Denalee bon mpnumenr IOUnO Z 0 PROPOSED e HOUSE ADDITION KveOY ..r Ir1Y rne' la SUIVeY. Plan ar ig Rep a eee prep U. ed ey m. or andv m dlre<i .dp•eal.len Add rear am a awry 11'OR' 6 Lae Sura.Ypr Unde. !ne lLl pr In. S,pre 11 /i I% �v /r I Garden Nause —� _aia.ind i 4 HUTCHINSON MN JOB NO. 00012 NK P -323 PG 32 O /0 20 40 W W Jf0 /P //r lee, � ICI • Denalee bon mpnumenr IOUnO Z 0 KveOY ..r Ir1Y rne' la SUIVeY. Plan ar Rep a eee prep U. ed ey m. or andv m dlre<i .dp•eal.len Add rear am a awry 11'OR' 6 Lae Sura.Ypr Unde. !ne lLl pr In. S,pre 11 /i LIr. Ro.iya�s oar -:%o� NK P -323 PG 32 • PUBLICATION NO. ORDINANCE NO. 04 -377 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING LOUISIANA STREET, UTILITY AND DRAINAGE EASEMENTS LOCATED IN HUSKI ADDITION THE CITY COUNCIL OP TAE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to vacate Loisiana Street, utility and drainage easements located in Huski Addition for the purposes of redevelopment. Section 2. That the street, utility and drainage easements to be vacated are described as follows: Louisiana Street N.W. and the 10 foot drainage and utility casement to the west of the street in Huski Addition. Section 3. This ordinance shall take effect from and after passage and publication subject to the following conditions. 1. All piled concrete material be removed from the property by June 30, 2004, 2. Future development plans must be reviewed under separate processes. • Adopted by the City Council this 8h day of June, 2004. ATTEST: Gary D. Plotz City Administrator Cl Marlin Torgerson Mayor C] MEMORANDUM DATE: May 20, 2004 Hutchinson City Center 111 Haman Street SE Hutchinwry MN 55350.2522 320- 557.5151/Fax 320.234-4240 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Consideration of Vacation of Louisiana Street and Drainage and Utility Easements located in Huski Addition Pursuant to Subdivision Ordinance No. 466, the Hutchinson Planting Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request. HISTORY: The applicant is requesting a vacation of Louisiana Street and a 10 foot easement along the street. The easement will be replatted in the future. Originally, the plat indicated right of way in this area because there was anticipation there would be a connecting road to the north. IIowever, when Rolling Meadows was platted, the road connectivity was reconsidered and Texas Avenue will continue to the east (and is being constructed). I. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, May 6, 2004, 2. There were no neighboring property owners present objecting to the request- 1 NR0111uIS131017_74 V1130 Planning Commission unanimously recommended approval of the request for the vacation of casements with the following conditions: 1. All piled concrete material be removed from the property by June 30, 2004. 2. Future development plans must be reviewed under separate processes. Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission cc: Leo Sand, Sand Properties, 366 South 100 Ave. Waite Park MN 56387 Pnmed nn =ycled paper - 0.. ,..F.. . �„c..a.r�.' v. .. rwr..,.n „v- ns.vv..., ..,.,...--I ,,In CITY OF HUTCHINSON y PLANNING STAFF REPORT 0 To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Delf Moon, Don Nelson, Lisa McClure, Susan Rolander, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: May 7, 2004 -- Meeting Date: May 18, 2004 Applicant: Leo Sand, Sand Properties, Property Owner VACATION OF EASEMENTS Brief Description: The applicant is requesting a vacation of Louisiana Street and a 10 foot easement along the street. The casement will be replatted in the future. GENERAL INFORMATION Existing Zoning: R4 (High Density Residential) Property Location: North of Texas Ave. Lot Size: 7.77 acres Existing Land Use: Vacant Adjacent Land Use And Zoning: Single Family to the north and cast; High density to the south and west Comprehensive Land Use Plan: Traditional Residential Neighgorhood Zoning History: Huski Addition was platted in 1995. Applicable Regulations: Sec. 12, Chapter 12 Hutchinson City Charter SPECIAL INFORMATION Transportation: Texas Ave. Parking: N/A Analysis and Recommendation: Originally, the plat indicated right of way in this area because there was anticipation there would be a connecting road to the north. However, when Rolling Meadows was platted, the road connectivity was reconsidered and Texas Avenue will continue to the east (and is being Vacation of Street and Easements Sand Properties Planning Commission -May 18, 2003 Page 2 constructed). Staff would recommend approval of the request with the rededication of casements as the property develops. Staff would have the following condition: 1. All piled concrete material be removed from the property by June 30, 2004. 2. Future development plans must be reviewed under separafr. processes. Cc Leo Sand, Sand Properties, 366 South 10" Ave, Waite Park, MN 56387 0 C� J HUSKI ADDITION N 2a.0 TEXAS AYI'.ENU -2 mw f Woo sag—�rca-w -u a. fi IMATt DF M::%' k-10T& -Ln Y-.w � ��� ( , ��.�� �� � .mm�uh I 7� " • L J • .. � •'•lo�;�n »,.t',i'{���l:�n�` »'i: i, ,i� ...yid «5•r:?�3:�..�. KA�,� ;af, •; rn ;k: icy ...t�'i:i�,we: April 20, 2004 Ms. Julie Wischnack, AICP Director of Planning, Zoning and Building City of Hutchinson 111 Hassan Street South East Hutchinson, MN 55350 Dear Julie, �+ S-CI Sand Coinj)a.nie.s, Inc. Lnr llltirc: .;70 Illu F -mail: SC! (�� S;.uulCoinpanie. um: tl chsitl^ a%N ti:nid( nnp;urie, coin Enclosed please find the Petition to Vacate Easement, Street or Alley, with attached check for $175 and a survey plan. The property is in the name of Sand Properties, Inc. formerly known as Sand Properties, Minnesota, Inc. I have enclosed a copy of the deed and the proper documents relating to our name change. You will notice that I am requesting the vacation of Louisiana Street NW and the 10' utility and drainage easement directly to the west of this street. A new 10' utility easement at the east side of the current street will be granted to the city as well as extending the current 10' easements to the east on the north and south property lines so that there is a continuous 10' utility easement around the entire lot after the street has been vacated. I have hired Otto & Associates to prepare a final site plan for development of this property. 1 am planning on submitting in the near future a site plan for 32 to 40 units of twin homes, which I understand requires a Conditional Use Permit. If you have any additional questions please do hesitate to contact me at (320) 202 -3100 or I V Sand i5an i('uprp,tnre cnm. . Sincerely, Inc. afficer Construction ♦ Property Management ♦ Development f; ilunl Oppolfionn Finplm'rr S (C-) `F' RESOLUTION NO 12416 • VARIANCE REQUESTED BY SCOTT' GLASER, PROPERTY OWNER, TO REDUCE SIDE YARD SETBACK 1 FOOT TO CONSTRUCT A I IARDSURFACED DOG WALK 4 FEET PROM PROPERTY LINE LOCATED AT" 785 ROBERTS ST. S.W. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Scott Glaser, property owner, has applied for a variance to reduce side yard setback: Legal Description: Lot 4, Block 1, Bridgewater .Estates 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION. •The City Council hereby approves the variance based on the hardship of the house placement , but approves the variance with the following conditions: 1. After construction of the retaining wall, the final grades should be approved by the Engineering Department. The property owner is responsible to relocate any utility lines in the area. Adopted by the City Council this 25`h day of May, 2004. ATTEST: Gary D. Plotz City Administrator • Marlin D. Torgerson Mayor 0 1' 1 LJ I4aT01R"Y Is] �ILN[0"WA CONDITIONAL USE PERMIT REQUESTED BY SCOTT GLASER, PROPERTY OWNER, TO CONSTRUCT A RETAINING WALL IN THE EASEMENT AND TO REDUCE SIDE YARD SETBACK 1 FOOT TO CONSTRUCT A HARDSURFACED DOG WALK 4 FEET FROM PROPERTY LINE LOCATED AT 785 ROBERTS ST. S.W. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1, Scott Glaser, property owner, has applied for a Conditional Use Permit to place a retaining wall in the easement: Legal Description: Lot 4, Block I, Bridgewater Estates 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3, The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the Conditional Use Permit with the following conditions: 1. After construction of the retaining wall, the final grades should be approved by the Engineering Department. 2. The property owner is responsible to relocate any utility lines in the area. Adopted by the City Council this 25`" day of May, 2004, ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor '5 tc)7 r- -I L-A DATE: May 20, 2004 TO: Hutchinson City Council MEMORAND M FROM. I1nttLinavu Plutnriug CutttwiNsiun Hutchinson Citty Center t nrn mioar� ui iwn...rrr. UI Hassan street SF Hutchinson, :M\ 55 }5n•ZS ?± 320 - 587 - 5151 /Fax 3'0'34 -4244) SUBJECT: CONSIDERATION OF VARIANCE AND CONDITIONAL, USE PERMIT REQUESTED BY SCOTT GLASER, PROPERTY OWNER, TO CONSTRUCT A RETAINING WALL IN THE EASEMENT AND 'rO REDUCE SIDE YARD SETBACK 1 FOOT TO CONSTRUCT A HARDSURFAC,FD DOG WALK 4 FEET FROM PROPERTY LINE LOCATED AT 785 ROBERTS ST, S.W. Pursuant to Section 6.04 and 7.10 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a Variance and Conditional Use Permit. HISTORY The applicant is requesting a Conditional Use Permit to place a 1.5 foot high retaining wall in the drainage and utility easement (located 3 feet from the property line). They are also requesting a variance to place a hardsurfaced dog walk 4 feet from the property line. Hardsurfacing may be placed up to 5 feet from the property line. The applicant states the hardship as flit current placement of the house limits the use of the property to the South. FINDINGS OF FACT I. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on May 6, 2004. 3. At the public hearing held, no neighbors were present to objecting to the request. RECOMMENDATION The Planning Commission voted to 6 to 1 recommend approval of the variance based on the hardship of the house placement with the following conditions: 1. After construction of the retaining wall, the final grades should be approved by the Engineering Department, 2. The property owner is responsible to relocate any utility lines in the area. Cc: Scott Glaser, 785 Roberts St. S.W. Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission Pr,nrcd �n recycled paper 5(�j7 CITY OF HUTCHINSON PLANNING STAFF REPORT . fo Hutchinson Planning Commission Don Nelson, Lisa McClure, Prepared Ry'. Planning Staff: Brad Emans, Dolf Moon, P E John Webster, John Susan Rolaner, Jean Ward,Barr), Jo John RGdeberg'Mark Set son, Marc Olson, Lenny Rutledge, pave Erlandson, Dick Sebora, Gary Plotz, Ken Merrill, Jim Popp' , he Wtschnack, AICP, and Bonnie Nagy 7u Baumetz Date- May 7, 2004 — Meeting Date: May 18, 2004 Applicant: Scott Glaser, Property Owner VARIANCE lace a 1.5 foot high retaining wall in the Brief Description from the ro erty line), They are also requesting e The applicant is requesting a Conditional Use Permit top in line. Rardsurfacing y drainage and utility easement (located�a1ke4 feet from h ant�ates the hardship as the current variance to place a hardsurfaced dog line The app Placed up to 5 feet from the property e to the South. placement of the house limits the use of the prop rty ATION GENERAL INFORM • Zoning: R1 (Single Family Residential) Existing Property Location: 785 Roberts Street. 14W Lot Size: 105' x 130' Existing Land Use: Single family residential Adjacent Land Use Single family residential And Zoning: Comprehensive Land Use Plan. Traditional Residential Neighborhood Zoning History: The house was constructed in 2000. Applicable Sections 6.04 and 7.10 of Hutchinson Zoning Ordinance Regulations: SPECIAL INFORMATION . Transportation: Roberts St, Sw Parking: NA .5 Lev 11 Variance /Conditional Use Permit Scott Glaser — 785 Roberts St. SW Planning Commission — May 18, 2004 Page 2 Analysis and Recotnntendation: Attached are some drawings /pictures that the applicant and the land3cape wiilfiactor have provided. Staff discussed side yard drainage issues and concerns with properly grading the site for the next home to the South. The retaining wall requires a conditional use permit because it would be located within the drainage and utility easement. The pavement requires a variance because it would not be setback 5 feet from the property line, staff believes that 2 -3 feet does not provide adequate room to properly drain the yards toward the street. Staff felt that variance for the pavement should be denied based on the fact that there are other alternatives. However, if the Commission chooses to recommend approval the following conditions should be considered: I After construction of the retaining wall, the final grades should be approved by the Engineering Department_ 2. The property owner is responsible to relocate any utility lines in the area. Cc. Scott Glaser, 785 Roberts St. SW 5 Le-Jl IjING PERMIT SURVEY FOR rRSCHEID BUILDERS LOT 4, BLOCK 1, BRIDGEWATER ESTATES PROPOSED TOP OF FOUNneTInN 1062 3 Fa �-l-f LLJJ W MW W Cr BENCHMARK PROPOSED GARAGE FLOOR - 1062.0 Paint spot on top of curb near the northwest corner of Lot 4, DIook I. PROPOSED BASEMENT FLOOR - 1059,3 Elevation - 58.75 Note: Large pile of hit In locotlon of U I •� 30 60 prcpo,go houtg of the tWn♦ at this Exlifnp Moa In f pr�y. .. 61.9 � I' x aca le In }set 5e.e9 x 59.e x c1.sa 51.0 x eLS 641 5e'I eQS S89628'260E 130.00 �e.75 N I 5e.a4 BM 30.0 "' eas !-I e1.5 el.e la I 67.2 I F G p'1 OJd 2 &J1 - p' _1 n 3 M1 fir. iD M1 PROPOSED e I 1; HOUSE a fua W r.rµy-e tI x el 59.4 to 61.6 ~� Garage x 61.4 oak p,� F .67 02.7 eo.a I e9.a x 6 f�4 5 69.1 64.11 x N I y 5 I O € I CA a L / e 50,e S89°28'26eE 13=0 �6a.o ens 1 if � titzlIh� �tcl. II 1 1 I �7•e ]0.1 car x x xn2.a 0 Denotes Iron monument found x Denotes existing elevation 0 Denotes Iron monument get I I Denotes proposed elevation I hereby certify that th 13 Survey, Plan or Report was prepared by me or under my dlrect supervls ion and that I am 0 duly Iicens ad Land Surveyor under the laws of • the State ofMinnesota. 4/�—=- -- L I c . No, 7 7 .� ^7 Date :�f �f�L_.✓ ✓ ..._..-..._._....._..- PELLINEN LAND SURVEYING HUTCHINSON MN JOB NO. 99288 BK P -232 PG 29 f7 Lo-yl NATURAL 5WALE DRAMGE FATTEFZQ w" r" C_7 N- � v r »k ? ;2 ?�] � \� \ .: : »� - � �� � ®= � � - � � � � � � = � � \d » /�\ ? \ \ \/� m� � �� � � � � ?� � � � � ? _ � ... . . . . ..� s . :« » »ate � � .�..� :���«� m »�»:���a.. y�»� ,z.� �. a � d >«G1dCC6 \ < - ®v ©2 � � � � ?\� � � � q» RESOLUTION NO. 12418 RESOLUTION APPROVING A PRELIMINARY PLAT TO BE KNOWN AS HUTCHINSON FIFTH AVENUE INDUSTRIAL PARK SUBMITTED BY HUTCHINSON EDA . 13E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. The property owner has submitted a 3 lot preliminary plat on the recently annexed and rez2ned property on 5' Avenue. The lots total 16.54 acres and will be developed for Industrial use. Lot 1, on the north side of 5 Avenue will be 10.85 acres. Lot 1, south of the road will be 1.8 acres. Lot 2 will be 3.89 acres. LEGAL DESCRIPTION: That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29, McLeod County, Minnesota and that part of Lot 7 of the Auditors Plat of the West Half of said Section 5 described as beginning at the Northeast comer of Lot 8 of said Auditors Plat; thence on an assumed bearing of South along the East line of said Lot 8 a distance of 719.75 feet to the centerline of a township road; thence South 64 degrees 04 minutes East along said centerline a distance of 944.21 feet; thence North a distance of 1142.40 feet to a point bearing East from the point of beginning; thence West a distance of 849.13 feet to the point of beginning. nuIE That part of the West Half of the Northeast Quarter of Section 5, Township 116, Range 29, McLeod County, Minnesota described as commencing at the Northeast corner of Lot 8 of the Auditors Plat of the West Half of Section 5, Township 116, Range 29; thence on an assumed bearing of South along the East line of said Lot 8 to the centerline of a township road; thence South 64 degrees 04 minutes East along said centerline a distance of 944.21 feet to the point of beginning of the parcel herein described; thence continue South 64 degrees 04 minutes East along said centerline a distance of 81.18 feet; thence North a distance of 1177.90 feet to a point bearing East . from the Northeast corner of said Lot 8; thence West a distance of 73.00 feet to a point bearing North from the point of beginning; thence South a distance of 1142.40 feet to the point of beginning. 2, The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby approves the preliminary plat with the following: 1. The subdivision ordinance requires tree planting. The City Forester has provided an analysis of the existing site. The tree planting could be done when a building is constructed (as would be the case in residential subdivisions). 2. There is an expectation that the isolated accessory structures would be removed from the property on the north side of road within 3 years. 3. A storm water pond would be required for the development and will be constructed as part of the grading improvements on Lot 2, Block 2. Adopted by the City Council this 250 day of May, 2004. . ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 0 DATE: May 20, 2004 TO: Hutchinson City Council MEMORANDUM FROM- Hutchinson Planning Commission Hutchinson City Center 111 Hessen Street SE Iiutchimon, MN 55350 -2522 320.587.5151/Fax 320- Z34.47,40 SUBJECT: CONSIDERATION OF PRELIMINARY PLAT, TO BE KNOWN AS HUTCHINSON FIFTH AVENUE INDUSTRIAL PARK Pursuant to Sections 12.10 of the Subdivision Ordinance, the Hutchinson planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for preliminary plat. HISTORY The EDA has submitted a 3 lot preliminary plat on the recently annexed and rezoned property on 5th Avenue. The lots total 16.54 acres and will be developed for Industrial use. Lot 1, on the north side of 5`" Avenue willbe 10.85 acres. Lot 1, south of the road will be 1.8 acres. Lot 2 will be 3.89 acres. FINDINGS OF FACT I. The required application was submitted and fee was submitted. 2. Notices were trailed to the surrounding property owners as well as published in the Hutchinson Leader on May 6, 2004. 3. There were no neighboring property owners present at the public hearing objecting to the request. 4. The lot divisions are straightforward and would gain access onto an existing street. Staff has discussed the possibility of shared access for the lots so that traffic circulation in the area will continue to be safe. The site plan for a building has not been submitted at this titre. The sewer and water is being extended to this area. The FDA does expect to construct a building early next year. RECOMMENDATION The Planning Comtnission unanimously recommends approval of the preliminary plat with the following conditions: 1. The subdivision ordinance requires tree planting. The City Forester has provided an analysis of the existing site. The tree planting could be done when a building is constructed (as would be the case in residential subdivisions). 2. There is an expectation that the isolated accessory structures would be removed from the property on the north side of road within 3 years. 3. A storm water pond would be required for the development and will be constructed as part of the grading improvements on Lot 2, Block 2. Respectfully submitted, • Dean Kirchofl; Chairman Hutchinson Planning Commission Cc: Hutchinson EDA Printed on mychd paper - CITY OF HUTCHINSON PLANNING STAFF REPORT To: Hutchinson Planning Commission From: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Susan Rolander, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischuack, A1CP, and Bonnie Baumetz Date: May 7, 2004 — Meeting Date May 18, 2004 Re: Preliminary plat — Hutchinson Fifth Avenue Industrial Park Hutchinson EDA, Property owner Brief Description The EDA has submitted a 3 lot preliminary plat on the recently annexed and rezoned property on 5's Avenue. The lots total 16.54 acres and will be developed for Industrial use. Lot 1, on the north side of 5a' Avenue will be 10.85 acres. Lot 1, south of the road will be 1.8 acres. Lot 2 will be 3.89 acres. GENERAL INFORMATION . Existing Zoning: I -1 (Light Industrial) Property Location: Along 5t6 Ave. • Lot Size: Approximately 16 acres Existing Land Use: Agricultural/msidential Adjacent Land Use And Zoning: Heavy industrial and Agricultural Comprehensive Land Use Plan: Industrial Zoning History: The property was annexed to the City of Hutchinson in December of 2003 and rezoned to Lt in March, 2004. (The EDA continues to lease the home site.) Applicable Regulations: Subdivision Ordinance Section 12.10 s !0)'g Preliminary Plat — Hutchinson Fifth Avenue Industrial Park Hutchinson EDA Planning Commission meeting —May IS, 2004 Page 2 Analysis and Recommendation: The lot divisions are straightforward and would gain access onto an existing street. Staff has discussed the possibility of shared access for the lots so that traffic circulation in the area will continue to be safe. The site plan for a building has not been submitted at this time. The sewer and water is being extended to this area. The EDA does expect to construct a building early next year. cc: Hutchinson EDA r1 Li r1 U Staff recommends approval of the preliminary plat with the following conditions: 1. The subdivision ordinance requires tree planting. The City Forester has provided an analysis of the existing site. The tree planting could be done when a building is constructed (as would be the case in residential subdivisions). 2. There is an expectation that the isolated accessory structures would be removed from the property on the north side of road within 3 years. 3. A storm water pond would be required for the development and will be constructed as part of the grading improvements on Lot 2, Block 2. -5 C�V� r v.✓ r vI I t I gs./ V. I . it I r r /. Is L. 1• %W Lw r r ✓ �..� v r.... W ".o., of si IM NE 1, al 9.vavn PRELIMINARY PLAT 3 N p NW 1/4 OF NE 1/4 .- $8B's57'12'W __.. . 73.13 ZM..a ) ° SBB'5TlE'W- -4!0.58 (was) .73.DO lDr.a� �f5r" -+-")- a�^�•}f-`x�°• IaB.IS IDe.A) •, j� BLACK I C o� �> COT I g I , a A'1jEA 'W,85 Acres I e "� ,a7 ode/ •� F q' I r •, Q ..r, [ o �YT 07 +. wooDEO Aa�n r �h - �a\�= g i �M1 I • E6 " PUBLICATION NO. ORDINANCE NO. 04 -379 • AN ORDINANCE AMENDING SECTION 8.04 OF THE HUTCHINSON CITY CODE REGARDING EXISTING TWO FAMILY HOMES IN THE SINGLE FAMILY DISTRICT 8.04 R-1 SINGLE FAMILY RESIDENCE DISTRICT PURPOSE The R -1 RESIDENCE DISTRICT is intended to provide residential areas for development of single family homes and complementary uses on larger parcels of land. PERMITTED PRINCIPAL USES The following uses are permitted, as regulated herein, without special application requirements or conditions attached: Single Family detached dwellings - (All new home construction in Residential Districts shall have an attached or detached garage with a minimum of 400 sq. ft. Single family dwellings without garages or with garages less than 400 sq. ft. Are conditionally permitted. A conditional use permit is required.) (Amended 10111194) Parks and playgrounds Licensed Family day care as permitted by Minnesota State Law (Amended 519195) State licensed residential facilities serving six (6) or fewer persons. (Amended 519195) CONDITIONAL USES . Single family houses not served by public sanitary sewer -f houses 9t � �w, FY 1 , Existing two family homes constructed and utilized as a two family home prior to 1987 could become a legal conforming use throuqh the conditional use process). Golf courses and related facilities Churches and houses of worship and related facilities ;gM .. 179 Move structures larger than 10' x 12' Seasonal on -site sales (ie: Christmas trees) Conditional use permit to be renewed every three (3) years (Amended 12123197) All licensed day care facilities which are not permitted principal uses under Minnesota State Law (Amended 519195) EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this 8t" day of June, 2004 Attest: Gary D. Plotz Torgerson, Mayor 5 (CJ(1 0 MEMORANDUM Hutchinson City Center 111 lj a Street SE Hutchinson, MN 55350 -2522 320.51;7- 5151/Ftnt 320.234.4240 DATE: May 20, 2004 0; Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT- CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 8.04 REGULATING EXISTING TWO FAMILY HOMES IN THE SINGLE FAMILY RESIDENCE DISTRICT Pursuant to Sections 6.05 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for an amendment to the zoning ordinance. HISTORY Staff reviewed the information in the code. It is obvious over time, the code was amended from having only one residential district to five residential classifications. The RI District, in 1962, allowed two family dwellings. The 1962 Code, also did not have any additional residential zoning districts. In 1987, the code was changed in that the R 1 District changed to delete two family dwellings as a permitted use and did not specifically permit them conditionally. The verbage added stated "cluster housing, detached or attached townhouse developments with a maximum of five unit groups" would be considered under a conditional use process. In 1997, the zoning code was changed and added language that stated "two family houses on a lot of record prior to January 1, 1991" would be considered a Conditional dose Permit. A change in the ordinance would clarify the matter to further provide a process for existing duplex/two family dwellings within e RI Zoning District. FINDINGS OF FACT Notice was published in the Hutchinson Leader on May 6, 2004. There was no one present at the meeting objecting to the request. RECOMMENDATION The Planning Commission voted unanimously to approve the amendment to the ordinance as follows: "Existing two family homes (constructed and utilized as a two family home prior to 1987) could become a legal confomdng use through the conditional use process." 11 Respectfully submitted, Dean Kimboff, Chairman Hutchinson Planning Commission Printed an mcycle(i Iai& - 1 (Q`9 Cl 11 • RESOLUTION NO. 12419 RESOLUTION APPROVING A FINAL. PLAT TO BE KNOWN AS SOUTHFORK RIDGE SFCOND ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF TI E CITY OF HUTCHINSON, MN: FINDINGS llie property owner has submitted a final plat to be known as Southfork Ridge Second Addition. LEGAL DESCRIPTION: Outlots B and C, Southfork Ridge 2, The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, if the conditions, as outlined below are met. CONCLUSION The City Council hereby approves the final plat with the following: 1. Setbacks for the development shall be as prescribed in the R3 Zoning District. 2. An additional subdivider's agreement must be executed. 3. Any additional fees must be submitted by the applicant. Adopted by the City Council this 25`h day of May, 2004. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerscm Mayor • 11 DATE: May 20, 2004 TO: Hutchinson City Council MEMORANDUM Hutchinson City Center 111 Hassan street SE Hutchinson, MN 55350.2522 320. 507.5151 1F2x 320. 234 -4240 FROM: Hutchinson Planning Convniccion SUBJECT: CONSIDERATION OF FINAL PLAT, TO BE KNOWN AS SOUTHFORK RIDGE SECOND ADDITION Pursuant to Sections 12.20 of the Subdivision Ordinance, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for final plat. HISTORY The applicant has submitted a final plat to be known as Southfork Ridge Second Addtion. This is phase II of the Southfork Ridge plat located on Jefferson Street SE along the Crow River. The plat is a neighborhood consisting of single family, twinhomes and townhouses in a variety of designs, unit types and price ranges. FINDINGS OF FACT 1. There were no neighboring property owners present at the public hearing objecting to the request - RECOMMENDATION The Planning Commission unanimously recommends approval of the final plat with the following conditions: 1. Setbacks for the development shall be as prescribed in the R3 Zoning District. 2. An additional subdivider's agreement must be executed. 3. Any additional fees must be submitted by the applicant- Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission Cc: Lucinda Gardner, Farr Development, 172 Hamel Rd, Hamel MN 55340 Charlie Levis, Farr Development, 172 Hamel Rd., Hamel MN 55340 Brian Jobnson, Westwood Professional Services, Inc., 7599 Anagram Dr., Eden Prairie MN 55344 Primed on recycled paper - M� CITY OF HUTCHINSON PLANNING STAFF REPORT • To: Hutchinson Planning Commission From: Planning Staff. Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Susan Rolander, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Joe Nagel, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz ]date: May 12, 2004 — Meeting Date — May 18, 2004 Re: Final Plat — Southfork Ridge — 2 "d Addition Darrel Farr Development, property owners Staff did not expect to have the 2 °" addition (phase II) of this plat to be received so quickly. However, since the intial plat review was just completed. The conditions for the plat shall include the following: 1. Setbacks for the development shall be as prescribed in the R3 Zoning District. 2. An additional subdivider's agreement must be executed. 3. Any additional fees must be submitted by the applicant. Cc: l.ucinda Gardner, Farr Development, 172 Hamel Rd, Hamel MN 55340 Charlie Lcvis, Farr Development, 172 Hamel Rd., Hamel MN 55340 Brian Johnson, Westwood Professional Services 5(c) C) I � I 1 _1 Avenus nL � NI 1 SI UI SOUTHFORK RIDGE SECOND ADDITION L/ .0 lip ®le LF�x wa IMA Ory w YvI wrr+�l fwn0 waw J W� Yw m� arvu Ilw �I WYE[,.= �SWMWN WQ tYOf E 11 0 11 A SEH May 18, 2004 )ohn Rodeberg, PE Public Works Director City of Hutchinson 111 Hasson Street SE Hutchinson, MN 55350 Dear Mr. Rodeberg: RE: Hutchinson, MN 5" Avenue Lift Station Sanitary Sewer and Watermain Letting No, 4, Project No. 04 -04 SEH No. A- HUTCH0403.00 14.00 We have reviewed the bid tab and checked the experience record of Rickert Excavating on the above named project. We recommend the contract for construction be awarded to Rickert Excavating, Brownton, MN based on their low bid of $179,772.70. Rickert Excavating's bid was approximately 33% below the engineer's estimate of $271,690.50 and it was approximately 12% below the second low bid of $205,940.20. Other bids on this project were: Juul Contracting R &R Excavating Ford Construction If you have any questions, please contact me. Sincerely, ichar C. Potz Principal ka Enclosure c: Dave Halter, SEH v \h \hutchk 0100\I gmllwn0x1 ;w hr.dnc $205,940.20 $208,906.00 $242,696.00 Short Elliott Hendrickson Inc., 10901 Red Circle Drive. Suite 200. Minnetonka, MN 55343.9301 SEH is an equal opportunity employer I www.se.hinc.coni 1 952.912.2600 1 900.734.6757 1 952.912.1601 Fax RESOLUTION NO. 12423 RESOLUTION DECLARING COST TO BE ASSESSED AND . ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5066 LETTING NO. QPROJECT NO. 04 -04 WHEREAS, cost has been determined for the improvement of 5th Avenue SE/Industrial Park from Railroad Crossing to the East Approx. 1,000' by construction of storm sewer, lift station, forcemain, sanitary sewer and services, watermain and services, restoration and appurtenances and the bid price for such improvement is $179,772.70 and the expenses incurred or to be incurred in the making of such improvement amount to $43,145.45 so that the total cost of the improvement will be $222,918.15. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ and the portion of the cost to be assessed against benefited property owners is declared to be $� 2. Assessments shall be payable in equal annual installments extending over a period of 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 rate of percent per annum from November 1, 2004. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 25th day of May 2004. City Administrator Mayor RESOLUTION NO. 12424 . RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5066 LETTING NO.41PROJECT NO. 04-04 WHEREAS, by a resolution passed by the Council on thel 3th day of April, 2004, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving 5th Avenue SE /Industrial Park from Railroad Crossing to the East Approx. 1,000' byconstruction of storm sewer, lift station, forcemain, sanitary sewer and services, watermain and services, restoration and appurtenances. WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 22nd day of June 2004, in the Council Chambers at Hutchinson City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 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 November 15th, 2004. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 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 succeeding year. Adopted by the Council this 25th day of May, 2004. City Administrator 11 Mayor C' cd� RESOLUTION NO. 12424 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO.4 /PROJECT NO. 04-04 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of 5th Avenue SE /Industrial Park from Railroad Crossing to the EastApprox.1,000' by construction of storm sewer, lift station, forcemain, sanitary sewer and services, watermain and services, restoration and appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid Rickert Excavating of Brownton MN $179,772.70 Juul Contracting Company of Hutchinson MN $205,940.20 R & R Excavating of Hutchinson MN $208,906.00 Ford Construction of Excelsior MN $243,696.00 and whereas, it appears that Rickert Excavating of Brownton MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Rickert Excavating of Brownton MN, in the amount of $179,772.70 in the name of the City of . Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. This improvement is 100% City cost and no assessment hearing is required. 3. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 25th day of May 2004. City Administrator Mayor RESOLUTION NO. 12425 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5067 LETTING NO. 5 1PROJECT NO. 04.05 ROLLING MEADOWS EAST WHEREAS, cost has been determined for the improvement of Rolling Meadows East development west of new Golf Course Road NW by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, trail and appurtenances and the bid price for such improvement is $653,369.03 and the expenses incurred or to be incurred in the making of such improvement amount to $156,808.57 so that the total cost of the improvement will be $810,177.60. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $9,469.50 and the portion of the cost to be assessed against benefited property owners is declared to be $800,708.10. 2. Assessments shall be payable in equal annual installments extending over a period of 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 rate of percent per annum from November 1, 2004. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 25th day of May 2004_ City Administrator Mayor a a • COMPILED BY: P VANDER VEEN ASSESSMENT ROLL NO. 3DS7 LETTING NO. 57PROJECT HO. 04-05 ROLLING MEADOWS EAST WEST OF NEW GOLF COURSE RD BY CONSTRUCTION OF STORM SEWER, SANITARY SEWER & SERVICES, WATERMAIN & SERVICES, GRADING, GRAVEL BASE, CONCRETE CURB &GUTTER BITUMINOUS BASE, BITUMINOUS SURFACING, SIDEWALK, TRAIL AND APPURTENANCES $13,801.30 COST PER UNIT - ROLLING MEADOWS COMPUTED BY: J RODEBERG 512,370.36 COST PER UNIT - OTHER CHECKED BY: P. VANDER VEEN COST PER LOT HUMBER OF YEARS: 10 1ST HEARING 61258004 INTEREST RATE: 2ND HEARING 68212004 ADOPTED ACCT- NO. CITY PID NO. NAME &ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADDITION OR SUBDMSION UNIT UTILJTYfSTREET ASSESSMENT TOTAL DEFERRED ASSESSMENT TOTAL ACTIVE ASSESSMENT COUNTY P!O NO. 36- 117 -30 -10 -0010 Leonard Erickson Rev Tnlst Property Address: 845 Hwy 7 West 482 James St NW 2.66 Acres in NW 114 SE 114 1 23.036.2000 Hutchinson MN 55350 Auditors Plat Secion 3 &117 -30 3 536,9311[5 $36,931.05 $0.00 3£-31730- 1&0100 Sand Properties Inc Pro ed Address: 885 Texas Ave NW 366 South 1Oth Ave, P 0 Box 727 Lot 1, Block 1, 2 23.313.0010 Waite Park AN 56387 -0727 Husk! Addition 3 536,931.05 $ $36,931.05 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 1, Block 1, 3 23.453.0010 HutCh!nSDn MN 55350 Rolling Meadows East 1 $15861.00 $ $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 2 Bleck 1. 4 23.453.6020 Hutchinson MN 55354) Rolling Meadows East t 515,801.DD $ $15,501.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 3, Block 1, 5 23.453.01330 Hutchinson MN 55350 RDlImg Meaclnws East 1 $15,891.00 $ $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 4, Black 1, 6 23.453.0040 Hutchinson MN 55350 Rolling Meadows East 1 $15,801.00 $ - $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Or SW Lot 5, Block 1, 7 23.453.0050 Hutchinson AN 55350 Rolling Meadows East 1 $15,801.OD S - $15.801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lol 6, Block 1, 8 23.453.0060 Hutchinson MN 55350 Rolling Meadows East 1 $15.801.00 $ - S15,801.DD Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 7, Block 1, 9 23.453.DD70 Hutchinson MN 55350 Rolling Meadows Easl 1 $15,801.00 $ $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 1. Block 2, 10 23.453.0080 Hutchinson MN 55350 Rolling Meadows East 1 $15.801.00 $ - $15,801.00 SA-5067120114 LETTING NO &04- 5MAGE 1 OF 5 Ah a • COMPILED BY: P VANDER VEEN ASSESSMENT ROLL NO. 5D67 LETTING NO, SfPROJECT NO. 04 -05 ROLLING MEADOWS EAST WEST OF NEW GOLF COURSE RD BY CONSTRUCTION OF STORM SEWER, SANITARY SEWER SERVICES, WATERNAIN & SERVICES, GRATING, GRAVEL BASE, CONCRETE CURB &GUTTER, BITUMINOUS BASE, BITUMINOUS SURFACING, SIDEWALK, TRAIL AND APPURTENANCES 575,591.00 COST PER LIN IT - ROLUNG MEADOWS $12,310.35 COST PER UNIT -OTHER COMPUTED SYr J RODEBERG COST PER LOT CHECKED BY: P. VANDER VEEN 1ST HEARING 512512004 NUMBER OF YEARS: 10 2ND HEARING 602212004 INTEREST RATE: ADOPTED ACCT. Na CITY P"' NO. NAME & ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADDITION OR SUBDRRSION UNIT UTILITYISTREET ASSESSMENT TOTAL DEFERRED ASSESSMENT TOTAL ACTFVE ASSESSAQIT COUNTY TD rW. Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 2, Block 2, 11 23.453 -0690 Hutchinson IAN 55350 Rolling Meadows East 1 $15.801.00 $ - $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 3. Block 2, 12 23.453.0100 Hutchinson MN 55350 Rolling Meadows East 1 $15,801 -00 $ - $15,601.06 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 4, Block 2, 13 23.453.0110 Hutchinson AN 55350 Rotling Meadows East 1 $15,801.00 $ $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 5, Block 2, 14 23- 453.0120 Hutchinson MN 55350 Rofting Meadows East 1 $15,841.00 $ $15.801.00 Sorenson & Naustdal Pro ertms. 1114 Blackbird Or SW Lot 6, Block 2, 15 23.453 -0136 Hutchinson MN 55350 RG11ing Meadows East 1 515,801 -00 S 815,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW LOS 7, Stock 2, 16 23.453.0140 Hutchinson M N 55350 RD Meadows East Rin 1 $15.801.00 $ $15,801.00 Sorenson & Naustdal Pro erfies 1114 Blackbird Dr SW Lot 1. Block 3, 17 23A53.4150 Hutchinson MN 55350 Rollin Meadows East 1 $15,80100 $ $15- BOi -00 Sorenson & Naustdal PrG elves 1114 Blackbird ❑r SW Lot 2, Block 3, 18 23.453.016D Hulchinson MN 55350 Rollin Meadows East 1 515,801.00 $ 515,801.00 Sorenson & Naustdal PropedieS 1114 Blackbird Dr SW Lot 3, Black 3, 19 23- 453.4170 Hutchinson MN 55350 Rolling Meadows East 1 $15.B41.00 $ $15,801.00 Sorenson & Naustdal Properties. 1114 Blackbird Dr SW Lot 4, Block 3, 20 23.453.0180 1 Hutchinson MN 55350 R0,15N Meadows East 1 $15,801 -D0 S $15,801 -oo SA-AS r"4 LETTING NO SA4,15pAGE 2 OF 5 COMPILED BY: P VANDER VEEN ASSESSMENT ROLL NO. 5067 LETTING NO. SIP ROJ ECT NO. D4 -05 ROLLING MEADOWS EAST WEST OF NEW GOLF COURSE RD BY CONSTRUCTION OF STORM SEWER, SANITARY SEWER & SERVICES, WATERMAIN S SERVICES, GRADING, GRAVEL BASE, CONCRETE CURB &GUTTER, BITUMINOUS BASE, BITUMINOUS SURFACING, SIDEWALKS TRAIL AND APPURTENANCES 515,801.00 CAST PER UNIT - ROLLING MEADOWS COMPUTED BY: J RODEBERG $12,310.35 COST PER UNIT - OTHER CHECKED BY: P. VANDER VEEN COST PER LOT NUMBER OF YEARS: 10 1ST HEARING 572 512 0 04 INTEREST RATE: 2ND HEARING 62212004 ADOPTED ACCT. NO. CRY PID NO. NAME & ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADDITION OR SUBDI'ASION UNIT UTIDTYISTREET ASSESSMENT TOTAL DEFERRED ASSESSMENT TOTALACTFVE ASSESSMENT COUNTY PID NO. Sorenson & NaUStdal PropL4tieS 1114 Blackbird Dr SW Lot 5, Block 3, 21 23.4510190 Hutchinson MN 5535D Rolling Meadows East 1 515,801.00 $ - $15,801.00 Sorenson & Naustdal Prc elves 1114 Blackbird Dr SW Lot 6, Block 3, 22 23.453.D200 Hutchinson MN 55350 Rolling Meadows East 1 515,801.00 S $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 1, Block 4. 23 23.453.021D Hutchinson MN 55350 Rolling Meadows East 1 $15,801.00 $ $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 2, Block 4, 24 23.453.0220 Hutchinson MN 55350 Rolling Meadows East 1 515,801.00 5 $15,801.00 Sorenson & Naustdal Pr ernes 1114 Blackbird Dr SW Lot 3, Block 4, 25 23.453.0230 Hutchinson MN 55350 Rolling Meadows East 1 $15,801.00 $ - 515,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 4. Black 4, 26 23A53.0240 Hutchinson MN 55356 Rollirkq Meadows East t $15.801.00 $ - $15,801.00 Sorenson & Naustdal Prc ernes 1114 Blackbird Dr SW Lot 5, Block 4, 27 23.453.0250 Hutchinson MN 55350 Rolling Meadows East 1 $15,801.00 $ 515,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 1, Black 5, 28 23.453.0260 Hutchinson MN 55350 Rolling Meadows East 1 $15,801.00 $ - $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 2, Block 5, 29 23.453.0270 Hutchinson MN 55350 Rolling Meadows East 1 S15,801 00 $ $15.801.00 Sorenson & Naustdal Pro ernes 1114 Blackbird Dr SW Lot - Block 5. 30 23.453.0280 Hutchinson MN 55350 Ro11in Meadovrs East 1 $15,801.00 $ $15,801.00 SAS067rM4 LETTING NO 564 -G5PAGE 3 OF 5 r• • i COMPILED BY: P VANDER VEEN ASSESSMENT ROLL NO. 5067 LETTING NO. SWROJECT NO. 04 -05 ROLLING MEADOWS EAST WEST OF NEW GOLF COURSE RD eY CONSTRUCTION OF STORM SEWER, SANITARY SEWER & SERVICES, WATERMAIN & SERVICES, GRADING, GRAVEL SASE, CONCRETE CURB & GUTTER, BITUMINOUS BASE, 81TUM6NOUS SURFACING, SIDEWALK, TRAIL AND APPURTENANCES $15,801.00 1 COST PER UNIT -ROLLING MEADOWS COMPUTED BY: J RODEBERG $12,310.35 ICOST PER UNIT -OTHER CHECKED BY: P. VANDER VEEN COST PER LOT NUMBER OF YEARS: 10 1ST HEARING 51292004 INTEREST RATE: 2NO HEARING 672212004 ADOPTED ACCT. NO. CITY PID NO. NAME& ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADDITION OR SIIBOWISION UNIT UTILrFYlSTREET ASSESSMENT TOTAL DEFERRED ASSESSMENT TOTAL ACTIVE ASSESSMENT COUNTY PID NO. Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 4, Block 5. 31 23.453.0290 Hutclir on MN 55350 Rolling Meadows East 1 $15,801.00 $ $15,801.00 Sorenson & Naustdaf Properties 1114 Blackbird Dr SW Lot 5, Block 5. 32 23.453.0300 Hutchinson MN 55350 Rolling Meadows East 1 $15,801.00 $ $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 6, Block 5. 33 23.453.0310 Hutchinson MN 55350 Rolling Meadows East t $15,801.04 E $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 7, Block 5, 34 23.453.0320 Hutchinson MN 55350 Rolling Meadows East 1 515,801.00 $ $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot S, Block 5, 35 23.453.0330 Hutchinson MN 55350 Rolling Meadows East 1 s15.801.00 S $15,801.00 Sorenson & Naustdal Pro edies 1114 Blackbird Dr SW Lot 9, Block 5, 36 23.453.0340 Hutchinson AN 55350 Rolling Meadows East 1 $15,801.00 $ $15,801.00 Sorenson & Naustdal PriVerties 1114 Blackbird Dr SW Lot 10. Block 5, 37 23.453.0350 Hutchinson MN 55,350 RolliN Meadows East 1 $15.801.00 $ $15.801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 11. Block 5, 38 23A53.0360 Hutchinson MN 55350 Rolling Meadows Fast 1 $15,801.00 $ 515,801.00 Sorenson & Naustdal Properties 1114 Blackbird Or SW Lot 1, Block 6. 39 23A53.0370 Hutchinson MN 55350 Rolling Meadows East 1 $15,801.90 $ 515,801.00 Sorenson & Naustdal Pmporties 1114 Blackbird Of SW Lot 2, Block 6. 40 23.453.0380 Hutchinson MN 55350 Rolling Meadows East 1 $15,801.00 E $15,801 -00 SA5067=04 LETTING NO. 5jr4 0�!PAGE 4 OF 5 • • • COMPILED BY: P VANDER VEEN ASSESSMENT ROLL NO. 5067 LETTING NO. 51PROJECT NO. 44-05 ROLLING MEADOWS EAST WEST OF NEW GOLF COURSE RD BY CONSTRUCTION OF STORM SEWER SANITARY SEWER& SERVICES, WATERMAIN & SERVICES, GRADING, GRAVEL BASE, CONCRETE CURB & GUTTER BRUMINDUS BASE, BITUMINOUS SURFACING, SIDEWALK, TRAIL AND APPURTENANCES s15,801.60 COST PER UNIT -ROLLING MEADOWS COMPUTED BY: J RODEBERG 512,$10.35 COST PER UNIT - OTHER CHECKED BY: P. VANDER VEEN ICOST PER LOT NUMBER OF YEARS: 10 1ST HEARING 5125!2004 INTEREST RATE: 2ND HEARING 6/22/2004 ADOPTED ACCT. NO. CITY PID NO. NAME & ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADDITION OR SUBDIVISION UNIT U71LrrY1STREET ASSESSMENT TOTAL DEFERRED ASSESSMENT TOTAL ACTIVE ASSESSMENT COUNTY PID NO. Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 3, Block 6, 41 23.4539390 Hutchinson MN 55350 Rolling Meadows East 1 315,801.00 5 $15,841.00 Sorenson & Naustdal Pro erlies 1114 Blackbird Dr SW Lot 4, Block 6. 42 23.453.0400 Hutchinson MN 55350 Rolling Meadows East 1 515,801.00 S $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 5, Block 8, 43 23.453.0410 Hutchinson MN 55350 Rolling Meadows East 1 515,801.00 $ $15.641.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 6, Block 6, 44 23.453.0420 Hutchinson MN 55350 Rollinq Meadows East 1 $15,801.00 $ $15.801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 7, Block S. 45 23.453.0430 Hutchinson AN 55350 RD11ing Meadows East 1 $15,601.00 $ $15,801.00 Sorenson & Naustdal Properties 1114 Blackbird Dr SW Lot 8. Block 6. 46 23.453.0444 Hutchinson MN 55350 Rolling Meadaws East 1 $15,601.00 $ $15,801.00 Sorenson & Naustdal Pro perties 1114 Blackbird Dr SW Lot 9, Block 6, 47 23.453.0450 Hutchinson MN 55350 Rolling Meadows Fast 1 $15,801.00 $ S15,801A0 Sarenson 8 Naustdal Properties 1114 Blatkhi rd Dr SW Lot 10, Block 6, 413 23.453.0460 Hutchinson MN 55354 Rolling Meadows East 1 $15,801.00 $ $15,801.DO TOTAL -ASSESSMENT ROLL NO. 5467 - LETTING NO. $!PROJECT NO. 04 -05 $800.708.10 $36,931.05 5783,777.05 TOTAL -ASSESSMENT ROLL NO. 5D67 - LETTING NO. 51PROJECT NO. 04-05 $800,708.10 Sk,%570.004 LETTING NO. &V4+M VAGE 5 OF 5 . RESOLUTION NO. 12426 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5067 LETTING NO. 5/PROJECT NO. 04-05 ROLLING MEADOWS EAST WHEREAS, by a resolution passed by the Council on the 27th day of April, 2004, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving Rolling Meadows East development west of new Golf Course Road NW by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, trail and appurtenances. WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 22nd day of June 2004, in the Council Chambers at Hutchinson City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. • 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 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 November 15th, 2004. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 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 succeeding year. Adopted by the Council this 25th day of May, 2004. City Administrator 0 Mayor • RESOLUTION NO. 12427 RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5067 LETTING NO. 5 /PROJECT NO. 04.05 ROLLING MEADOWS EAST WHEREAS, by a resolution passed by the Council on the 27th day of April 2004, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving Rolling Meadows East development west of new Golf Course Road NW by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, trail and appurtenances; WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The owners of the affected properties have waived hearing on said proposed assessment. 2. The owner of any property so assessed may, at any time prior to certification of the 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 November 15th, 2004. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 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 succeeding year. Adopted by the Council this 25th day of May 2004. City Administrator U Mayor . RESOLUTION NO. 12428 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5067 LETTING NO. S /PROJECT NO. 04-05 ROLLING MEADOWS EAST WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for improvement of Rolling Meadows East development west of new Golf Course Road NW by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, trail and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2004, and shall bear interest at the rate of _percent per annum asset down by the adoption of . this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 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 of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2004; and he may, at any time thereafter, pay to the City Treasurer 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 County 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 25th day of May, 2004, City Administrator E Mayor RESOLUTION NO. 12429 . RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 5 PROJECT NO. 04 -05 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of Rolling Meadows East development west of new Golf Course Road NW by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, trail and appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Duininck Bros Inc of Prinsburg, MN R & R Excavating of Hutchinson MN Rickert Excavating of Brownton MN Wm Mueller & Sons of Hamburg MN Northdale Construction of Rogers MN R P Utilities Inc of Annandale MN Amount Bid $653,369.03 $658,582.60 $662,665.90 $699,043.45 $724,345.14 $745,928.95 and whereas, it appears that Duininck Bros inc of Prinsburg MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Duininck Bros Inc of Prinsburg MN, in the amount of $653,369.03 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 25th day of May 2004. City Administrator rI Mayor RESOLUTION NO. 12425 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5067 LETTING NO. 5 /PROJECT NO. 04 -05 ROLLING MEADOWS EAST WHEREAS, cost has been determined for the improvement of Rolling Meadows East development west of new Golf Course Road NW hereby petition for improvement by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, trail and appurtenances and the bid price for such improvement is $ and the expenses incurred orto be incurred in the making of such improvement amount to $ so that the total cost of the improvement will be $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ and the portion of the cost to be assessed against benefited property owners is declared to be $ 2. Assessments shall be payable in equal annual installments extending over a period of 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 rate of percent per annum from November 1, 2004. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 25th day of May 2004. City Administrator 11 Mayor RESOLUTION NO. 12426 . RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5067 LETTING NO. 5 1PROJECT NO. 04 -05 ROLLING MEADOWS EAST WHEREAS, by a resolution passed by the Council on the 27th day of April, 2004, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving 5th Avenue SE /Industrial Park from Railroad Crossing to the East Approx. 1,000' by construction of storm sewer, lift station, forcemain, sanitary sewer and services, watermain and services, restoration and appurtenances. WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 22nd day of June 2004, in the Council Chambers at Hutchinson City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed . assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 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 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 November 15th, 2004. He may at anytime thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 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 succeeding year. Adopted by the Council this 25th day of May, 2004. City Administrator r� LJ Mayor . RESOLUTION NO. 12427 RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5067 LETTING NO. 5 /PROJECT NO. 04 -05 ROLLING MEADOWS EAST WHEREAS, by a resolution passed bythe Council on the 27th day of April 2004, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving 5th Avenue SE /Industrial park from Railroad Crossing to the East Approx. 1,000' by construction of storm sewer, lift station, forcemain, sanitary sewer and services, watermain and services, restoration and appurtenances; WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The owners of the affected properties have waived hearing on said proposed assessment. 2. The owner of any property so assessed may, at any time prior to certification of the 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 November 15th, 2004. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 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 succeeding year. Adopted by the Council this 25th day of May 2004, City Administrator Mayor RESOLUTION NO. 12428 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5067 LETTING NO. 5 1PROJECT NO. 04-05 ROLLING MEADOWS EAST WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for improvement of 5th Avenue SE/Industrial Park from Railroad Crossing to the East Approx. 1,000' by construction of storm sewer, lift station, forcemain, sanitary sewer and services, watermain and services, restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON. MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2004, and shall bear interest at the rate of _percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 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 of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2004; and he may, at any time thereafter, pay to the City Treasurer 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 County 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 25th day of May, 2004, City Administrator • Mayor RESOLUTION NO. 12429 . RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO.5 PROJECT NO. 04-05 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of Rolling Meadows East development west of new Golf Course Road NW hereby petition for improvement by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, trail and appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder and whereas, it appears that Amount Bid of is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with of , in the amount of $ in the name of the City of 10 approved for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 25th day of May 2004. City Administrator n U Mayor 5 ��� RESOLUTION NO, 12430 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5068 LETTING NO.81PROJECT NO. 04 -09 RAVENWOOD WEST WHEREAS, cost has been determined for the improvement of Dale Street SW and Bluejay Drive SW in Ravenwood West development by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, trail and appurtenances and the bid price for such improvement is $ and the expenses incurred or to be incurred in the making of such improvement amount to $ so that the total cost of the improvement will be $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ and the portion of the cost to be assessed against benefited property owners is declared to be $ 2. Assessments shall be payable in equal annual installments extending over a period of 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 rate of percent per annum from November 1, 2004. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 25th day of May 2004. City Administrator 11 Mayor . RESOLUTION NO. 12431 RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5068 LETTING NO.8 /PROJECT NO. 04-09 RAVENWOOD WEST WHEREAS, by a resolution passed by the Council on the 27th day of April 2004, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving Dale Street SW and Bluejay Drive SW in Ravenwood West development by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, trail and appurtenances; WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The owners of the affected properties have waived hearing on said proposed assessment. 2. The owner of any property so assessed may, at any time prior to certification of the 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 November 15th, 2004. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 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 succeeding year. Adopted by the Council this 25th day of May 2004, City Administrator • Mayor RESOLUTION NO. 12432 . RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5068 LETTING NO. a /PROJECT NO. 04 -09 RAVENWOOD WEST WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for improvement of Dale Street SW and Bluejay Drive SW in Ravenwood West development by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, trail and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2004, and shall bear interest at the rate of ,percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2004 until the 31st day of December, 2005. To each subsequent installment when due, shall be added interest for one year an 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 of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2004; and he may, at any time thereafter, pay to the City Treasurer 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 County 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 25th day of May, 2004. City Administrator • Mayor 5(0 RESOLUTION NO. 12433 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. B /PROJECT NO. 04-09 RAVENWOOD WEST Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of Dale Street SW and Bluejay Drive SW in Ravenwood West development by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, trail and appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder and whereas, it appears that Amount Bid of is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with of in the amount of $ in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 25th day of May 2004. City Administrator Ir 1 L J Mayor 5(f� 0 n LJ r-91 L-A TKDA ENGINEERS • ARCHITECTS • PLANNERS May 18, 2004 Mr. John Rodeberg Director of Engineering Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 Re: Hutchinson Municipal Airport 2004 Airport Improvements Hutchinson Letting No. 04 -12 All? 3 -27- 0042 -04 Sp No. 4304 -19 TKDA Commission No. 12535 -02 Recommendation of Contract Award Dear Mr. Rodeberg: 1500 Piper JaNray Plaza 444 Cedar Street Saint Paul, MN 55101.2140 (6511292.4400 (651)292- OO83Fax www.tkda.com Bids on the above - referenced project were received and opened at the Hutchinson City Center on May 14, 2004. Five bids were received as follows: Duininck Bros. Inc. $174,939.36 Wm Mueller & Sons, Inc. $218,45720 Reiner Contracting, Inc. $219,601.10 Bauerly Companies $261,437.83 R & R Excavating, Inc. $262,282.01 The Engineer's Estimate for this construction was $166,319.25 We have reviewed the bids and found no improprieties in them. The individual bids vary by 66.7% from low to high, and the Engineer's Estimate is 5.2% below the high bid. The wide variation in bid prices may be due to the relatively small scope of the project. Copies of the Bid Tabulation are enclosed for your review. We, also provided copies of the tabulation to all bidders. We have not recently worked with Duininck Brother's Inc. on an airport construction project. However, the City is very familiar with this Contractor and indicates no reason not to award the contract. No DBE requirements apply on this project, since the anticipated federal grant is less than $250,000. An Employee Owned Company Promoting ARinnative Action and Equal opportunity J �� 9 0 Mr. John Rodeberg TKDA Commission No. 12535 -02 May 18, 2004 Page 2 We therefore reconunend that a contract in the amount of $174,939.36 be awarded to Duininck Brothers, Inc. of Prinsburg, Mn, the lowest responsible bidder. The resolution for award should be subject to state and federal concurrence and availability of funding. if you have any questions or comments regarding the above, please contact us at your convenience. Sincerely, Lyle W. Kratzke Senior Project Engineer LWK:al Enclosure c w /enclosure Jim Grochler —MnDOT Aeronautics Bob Huber — FAA-ADO 51g� RESOLUTION NO. 12434 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 10 PROJECT NO. 04 -12 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of Hutchinson Municipal Airport by construction of NAVAID Service Road and Apron/Taxilane Improvements by the construction of clearing and grubbing, common and subgrade excavation, granular material and gravel placement, storm sewer, bituminous base /binder /wear, signing and appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid Duininck Bros Inc of Prinsburg MN $174,939.36 Wm Mueller & Sons, Inc of Hamburg MN $218,457.20 Reiner Contracting Inc of Hutchinson MN $219,601.10 Bauerly Companies of Sauk Rapids MN $261,437.83 R & R Excavating Inc of Hutchinson MN $262,282.01 and whereas, it appears that Duininck Bros Inc of Prinsburg MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Duininck Bros Inc of Prinsburg MN, in the amount of $174,939.36 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 25th day of May 2004. City Administrator 0 Mayor J �� CI Cttynf� 111 Hasson Siteet Southeast Hutchinsuu, MN 55350 (320)50 -51SI /Fax', (37.11)2.14 -4240 City of Iluteltinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS All applications must be received at least 30 daysbclbre event in order to be considered ❑ Solicitor's, Per Day Lj Solicitors, Pcr Year ❑ Transient Merchants, Per Day ❑ Transient Merchants, Per Year iU Peddlers, Per Day Peddlers, Per Year 2" X 2" Picture Required $200.00 Dare(s): ..._.._.._.._. Mw+thllJny/Yenr $500.00 Ycai: _ ..._ .._. ......_.._.._.._.._ $200.00 _ .._.._.._.._. Date(s): ..._.._.._.._.... ._. MatFA /fJnyAe•uY $500.00 Year: (" $200.00 Date(s): hiue(h0)aylYear $500.00 Year: to Maid ✓DavlYear to Maith /Dryv /Yc,lr' . _.. _.. ....... . .. _.. _.. _.. _.. _.. _..- to Alan[h /Uny /1'enr- Name ,"// I-op, Height: G - 3 Weigbt: l"_ lrye ('nlur: /yam Driver's License Nutnber: 5 - IVP 7.3 f/' OSI -/OQ° tatc: At A/ Permanent Address: / I,aaon M IJ 61b. -2. 73 Ciry Saw ZIP Perrnatlent Telephone: .—J(��) 7?4 - _ 786 7 .. ._ Tetnpnrary Address _-16J* .. _.. - ('11 +, .. - — —.. Sinte Zip Temporary Telephone Access:f} IIave you been convicted of any crime, misdemeanor, of violation of any mmndrpal ordinance, other than traffic violations? . yes Ix,no If yes, state the natul e of offense and punislunenl nr penalty assessed therefore: u k,%41 toyer: City Stare 7.ip rffered: � All — J6je %nsy_. S�a� Sc_aT J rte. .7e .wn Describe method of delivery: - -Dej'd e . -Y %- c Ir, Describe soirrCe of supply: />•i�. Gdr/ 570,• rrr -o .Supplier Name —.... Supplier Address _- Supplier Name Sapplrer Addres's Supplier Name laity Supplier Address. Suppler /'hone Number Strue Zpi Soppier Ylrcure Nrrrnhar ,S'inrc ZIP .S'upplcr'Pltone Number- — S7nre Zip Provide two (2) property owners (preferably in McLeod County) for Character references: s pa R Pew yes eM — 67S2 )3.7 Yraperry Owner Name Yrnpe o Owner Phone Number MOO.._ ewh u et DI tv _ ��!.. ! /Rn a� �fm,'. S,5-1 I// ppro sty lhvner Address City Slufe� -• gZip � P, pcnq lhwtcr. Nnrnr. Prnperry lhvner /' /urnc Nrgrrhrr y7SG .ts�l sf jr./ LJAVGwf + .155316 Prnperl� Owner' Address — CiFV --� Mate zip City of Hrrttlunsnn Appliealiun for Peddlers, Soiieilors, and Tnmsienl Mochanla Page 3 of 3 . 11 Reference Information List last (up to three (3)) previous city(ies) where you carried on some activity: �/ Wi4wdr IPA/ P/157 'h' lt4�-5 - _.. y ; ...._ Ciey State 1 t Date(s) Activity f Nom 7irr //a - -At to , C' w Stale Date(s) of Activity to , City sLate I)ate(s) of Activity The following iterns need to be completed and/or attached in order for the application to be processed: Applicatiowhivestigation ]cc paid in full (check or money older): Byes U no Application completed in full and signed: Urges U no I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate. T hilly understand that arty person who violates any provision of the Peddler's, Solicitors, and'1'ransient Merchants Ordinance No. 673 is guilty of a imsdemeatlor and upon conviction thereof shill be punished by a fine not exceeding $ 1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. • c Appliculat'S Signature Date Police ❑ approved U denied Notes: City Council ❑ approved ❑ denied Notes: H %L rransint doe E Hutchinson City Council May 10,2004 Dear Sirs, I have vended toys and balloons along the parade route at your Water Carnival parade each year since 1977. Its become a tradition for my crew to come and sell toys there each year on Fathers Day. I never worried about the fee as I usually paid 150.00 to 175.00 to the ICs for the permit fee. Then, in 2001 the city took charge of the permit and it went to 25.00, which was fine with me. Last year the fee was raised to 200.00 and the parade route was moved south of the usual route. The new route was fine but sales were down by about 70 %. I want to continue to sell toys at your parade, but I cant justify the fee, if I only make about 400.00 like I did last year. If you could maybe grant me a fee of 25.00 to 50.00, then I can continue as I have in the past, and if the route changes back or sales increase in the future, then I don't mind paying a highter fee if I can make some money. Please consider this request, and I thank you very much. 11 r-, 56) kk I I I flassaii Street Southcast Hutchinson, MN 55350 (320) 587-5151/]Fax' (320) 234-4240 City f Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERC14ANTS All applications mst be received at least 30 da s before event in order to be considered Tplication Type (choose one Ll Solicitors, Per Day suliuitulti, Pul %'Cal ------------------------ -------------------- LJ Transient Merchants, Per,Day LJ Transient Merchants, Per Year --------- ---------- 1 Peddlers, Per Day LJ Peddlers, Per Year -------------- ---------- ---------- ...... Information 2" X 2" Picture Required --- ---------- ------------- - $200.00 Datc(s): to AllowhIDaylYear S.500.00 Date (s). $200.00 Date(s): AlowhINylYear $500.00 Date(s): $200M Date(s)�: MOM Date(s): to to to to Name: Beight: Weight: Eye Color: Driver's License N urriber:A-,5` z,67, rStdte° 1'741 Permanent Add ress: AL Slate ztp Permanent Telephone: ,reniporary Address: C,i�y . ........ ....... 16 zip I Tempmry'Telephone Access! e you been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations? 0 yes Wrbo 11 yc state the nature of offense and purnshinent or penalty assessed therefore- .. . . . . .... . . s • City q(Hutchinson Applicalion for Peddlers, Solicitors, and Transient Merchants Page 2 of 3 Location Information Location Name Location Address Ct Stale zip Business Information Describe relationship between applicant and employer: Describe nature of business and describe item(s) offered: �, Ft Describe method of delivery: G� Describe source of supply: X ode /f ! vov x�g_�"s 9 Supplier Name Suppler Phone Number irihfrlal Ga �,��n5�c�_. A 09/9 Supplier Address City State Zip Supplier Name Suppler Phone Number R1utYucKeY kL-- 'q Supplier Address City State Zip Supplier Name Suppler Phone. Number S'upplier Address _ City State zip - Reference Information Provide two (2) property owner (preferably in McLeod County) for character references: / c�(Lxfl`cic 61 r Die)`% Property Owner Name Property Owner Phone Number Property Owner Address Ciry Slate Zip `tea Z �_.,. W. Property Owner Name Properly Owner Phone Number Property Owner Address Cif Stale Zi CI 11 `r11 u City ofHutchinson Applladlon for Peddlers. Solicitors, and Transient Merchants Page 3 of 3 Reference Information List last (up to three (3)) previous city(ies) where you tamed on same activity: (.}ty State Date(s) of Acltvlty S7 Iyl ; _ to City State Date(s) of Activity to City State Date(s) of Activity Checklist The following items need to be completed and/or attached in order for the application to be processed: Application/Investigation fee paid in full (check or money order): © yes ❑ no _Application completed in full and signed: Wes ❑ no 1 hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and TraLSicnt Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Signature Internal Use Onl Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Note%: H:IL&wnecNAVVliemiVUp/enidler, Solicitor, Tnouientdoc Date i 7gr, - *1 I Hassaii Street Southeast thitchinson, MN 55350 (320) 587-5151/F'ax: (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applicad ons must be recerred at least 30 days before event in order to be considered L) Full Year January I –December 31, ,k Short Term Date(s) fear ehlDavlYear Monthl Arame Fee: $100.00 ear Fee: $25.00 Phone Number Altc, . .... ....... Lb I -) City State 7, ip Day and tirne of inectings? I 6 e� Is this organization organized under the laws of the State of Minnesota? %yes Lj no I'low long has the organization been in existence? -2.144)n5 How may members in the organization? What is the Purpose of the organization? 6L L406,j �ei- In whose custody will organization records be kept? Name Phonp. AbinApr Address lnsurance Cv��_ _._.. �m rrt a;Wy Address A ",_ State Agent's Name 00 —'----_State zip . . ..... . ........... . . ....... Phone Number J'cr°x Number The follo,%ring information is providQd concerning a fidchty bond given by the gambling, manager in favoi of the organization: Address ref bonding coinparU, Amount of bon& fication is hereby made for Nvai'ver/6f the qj'bolding company C"'ity State zip bond: `\U yes Q no Cio of Hutchinsein APPlication for Gambling awices License Page 2 oj-3 3), te� Phone Nionber -TC1 Residence Address city State zip Date of Birth.- Place of Birth: Manth1daylyear City State Have you ever been convicted of any crime other than a traffic offense? LJ yes 01' no, If yes, explain: V, ¢ MIT y Tive Nanie Phone Nurnber ILL -- -- -- ------------ Residence Address City Mate zip 2 Date of Birth: Place of Birth: Month1daylyear city State, Have you ever been convicted of any crime other than a traffic offense? U yes no If yes, explain: How long have you been a member of the organization? 11� U-1 Naine �f o locati6n where game will be played C11 Address oj. location where garne -played cioy State zip D; ate s' and/or day(s) gambling devices will be used-, throumh Hours of the day gambling devices will be used: From . AM ........ ..... .. ... ... .... To Maximum number of player: Will prizes be paid in money or merchandise? U money merchandise Will refreshments be served during the time the gambling devices will be used2 Vyes Lino If yes, will a charge be made for such refreshments? 'w yes El no 2. Phone Nwnber L4c, Hearne Title ....... . ....... . .. ...... Residence Address . aty State, zip Na n i e Title - - ---- - ---- . .......... . City State Zip Naine Tide, Residence Address City qfHulchinsor; Application for 6ambling Devices License Page 3 of 3 Naine Residence A ddress City Residence Address Ci�y Em Address Title Si ZIIP State P Stcrtezrr The following items need to be Completed and/or attached in order for the application to be procesqt..d: V� I x q C., COPY Of the official resolution or official action designating, the gambling manager- LJ yes 2 a o 51/pli Copy of insurance that meets or exceeds limits established in the ordinance:. Cl yes U no A, list of all active merribers of the organization: dyes U no Application fee paid irifull (check or money order): Q yes 0 no Iication cqTpjettjd in full and edby Ahauthorized officcr and ganibling juanagui.- 'ves, U, no .�� -to Have you (Gambling Manager and Autborized Officer) read, and do you thoroughly understand the provisions nfa I I laws, ordinances, and regulations governing the operation and use of gambling devices (as, outlined in City of Hutchinson Ordinance 655 and Minnesota Statutes Chapter 349)? Gar nbling Manager l'yes Q no Authorized Officer yes 0110 V Initial Initial I declare that the infortriation I have provided on this application is truthful, and I authorize, the City of Hutchinson to investigate the information submitted. Also, I have received fron', the City of fiutchinsorj a copy of the City Ordinance No. 655 relating to gambling and I will firmiliarize myself with the contents thereof. LL of authorized officer of organization ambli . n nionn a U�C�IqTg 'S 4i�l "111 ger qj organzzation Building: L3 approved Li Notes: Fire U approved L! denied Notes-, Police L-3 approved U denied Notes. City Council LJI approved LI denied Notes: Dale Date • 0 0 v ' HLITCHINSCINARE FOUND TION FOR HEAI.TH CARE BOARD OF DIRECTOR 33 Year Term Term Ends Name j Started Address Phone j No. 1101 - 12103 Haag, Kris Sec/Treas 2004 2001 69710 213th Street, Darwin, MN 55324 12754554 2 il01 - 17103 Nelson, Louise 2001 520 Campbell Ct. NW 587 -6017 2 1/01 - 12103 Remple, Melanie 2001 1500 Campbell Lane 587 -1123 2 1102 -12104 Carlson, Jerry _ Mills, Jim 1 Vice Pres. 2002 1315 Washington Avenue West 587 -3391 1 1/02 -12104 2002 :962 Rolling Greens Lane NW 587 -3404 1 1/02 -12104 Stark, Carol Pres. 2004 2002 .1260 Carolina Avenue NW .234.0611 587 -4327 1 1/03-1106 Braun, Sally 2003 .1017 Roe Avenue SW 587 -8421 1 1/03-1106 Daring, Edwin 2003 11282 Rolling Oaks Lane NW 1 587 -4337 1 1/03-1106 Ewald, Joan Walter, Carol 2003 Box 28 - Brownian, MN 55312 328 -4170 1 1/03 - 1106 2003 182382 C 8 - Buffalo Lake, MN 55314 833 -5951 1 Spethman, Patrick HAHC Staff to contact with questions: VO4-1/07 2004 760 Roberts Street SW 587 -4293 1 Location e Revised 2/17104 HAFHCBDB.XLS E Mail A_ ddresses for the Foundation Board diewald a(dwebty. net salsmalVDhutchtei.net jhaagamchsi.com j dindar(�hahc- hmc.com teeboK@hutchtel.net vallevofsu nPwebty. net taremolecDhutchtel.net j spethman11Qmchsi.com j carol @cbhutch.com cwalterd..hcctel. net Ewald ,loan _ Braun 1Haag Linder (Mills Sally Kris Cary Jim -- — - Remple Melanie Spethman Patrick_ Stark Carol _ Waiter Carol -- I i ABU: R%HAFHCBDB.XLS • 0 0 v ' L TO FROM DATE RE Cl 0 Mayor and Council Dolf Moon, Director of PRCE 5 -18 -04 Recreation Center Flooring Parks, Recreation & Community Education 900 HarrinRtnn Street SW Hutchimetn, MN 55350-3097 329-587. 2975 /Fax 320.234.4243 1 would recommend entering into contract with Keifer Specialty Flooring for completion of the Recreation Center. They were the only bidder of the project. A second bidder, Acer Flooring, failed to provide a Performance Bond. Funding sources for this project will be derived from the following. Capitol improvement Fund $95,000 Recreation Center Bond Fund 28,500 Pepsi Contract 3,906 TOTAL $127,406 Council action is required to utilize Recreation Center Bond Proceeds for this project. Those funds were generated for the Recreation Center construction it would seem appropriate to utilize the excess balance for this project. Mary Haugen, Facility Operations Manager will be present at the Council meeting to answer questions. Thank you for your consideration. klm Printed on recycled paper - CITY OF HUTCHINSON MEMO Finance Department May 21, 2004 TO: MAYOR 6 CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: RECREATION FLOOR FUNDING In the Capital Projects fund, $95,000 has been set aside for replacement of the recreation floor in the recreation building. $28,500 remains in the debt service fund of the recreation building. The bonds have been paid and, as with other debt service funds, use of remaining money is at the discretion of the City . Council. With Council approval it would seem appropriate to use the funds from this source for the floor. Balance of the project funding would come from previous received Pepsi contract. H: \DOC \City council memo 3.doc J �7�k� K I EFER 00kPI SPECIALTY FLOURING, INC. May 13, 2004 Re: Hutchinson Park & Recreation Center Hutchinson, MN Gentlemen: Corporate Facilities 1700 Kiefer Drive Zion, Illinois 60099 -4093 (847)872 -0120 •800 -322 -5448 FAX:(847)872 -9575 E -Mail: info@kie£er0oor5.com Wcbsite: www.kiefertloors.com Thank you for the opportunity to submit a bid on the above - mentioned project. As per our Regional Sales Manager, Alton. Neiman's review of this project, we propose th e following: Recreation Center Flooring Sand existing Mondo Sportflex flooring to provide an adequate installation surface, furnish and install 6mm Mondo Advance rubber sheet flooring, material to be provided in two colors, the first color to be installed as the basketball court fields, and the second color as a border, keys, and center circle, to include basketball and volleyball game line striping as discussed: For the sum total price of ... ............................... ..................$121.,732.00* State Sales/Use Tax, ADD . ............................... ......................$2,838.00 Performance/Payment Bond, ADD ..................... ......................$1,756.00 Option AD Furnish and install 4" rubber cove base in the recreation center, ADD $17080.00* to the base bid amount. If you have any questions regarding this proposal letter, please d o not hesitate to contact Adam Taylor at 847.872.0120, ext. 111, or myself at 847.872.0120, ext. 102. Brion Rittenberry President is I/ Indianapolis, IN Niles, MI Lexington. KY Kansas City, MO Lake Geneva, W I (317) 872 -5938 (616) 684 -5821 (859) 335 -2570 (816) 452 -6202 (262) 245 -9920 9 CITY OF HIJTC14INSON PLANNING STAFF REPORT..�.�..d�...�....: To: City Council • Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Susan Rolander, Jean Ward, John Rodeberg, P.F..., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Joe Nagel, Dick Nagy, Julie Wisehnack, AICP, and Bonnie Baumetz Date: May 20, 2004 — Meeting Date May 25, 2004 Applicant: Paul Betker, property owner Below is a chronological listing of events that pertain to a lot split application located at 165 5's Avenue NW, April 14, 2002 Lot 5, Block 7, North Half of IIutchinson, was purchased by Paul Betker from IIarry and Ilene Blakc. August 22, 2003 Barr Engineering letter received which summarized the drainage areas, acreages and issues. March 22, 2004 Application for a lot split on Lot 5 was received. April 5, 2004 Planting Staff meeting held, staff was recommending denial based on drainage concerns. April 6, 2004 Staff contacted the applicant to notify of recommendation. . April 12, 2004 Staff report was compiled and distributed. April 20, 2004 Planning Commission reviewed the information (see minutes). There was a unanimous vote to recommend denial. April 23, 2004 Letter received from Randy Redman (applicant's representative). See attached letter. April 27, 2004 Response letter from Staff and Attorney. April 27, 2004 letter from Randy Redman received requesting removal from the consent agenda. April 27, 2004 The City Council tabled the matter. April 29, 2004 The applicant provided a "60 day" waiver. May 11, 2004 The City Council tabled the matter. The Council would have the following options for action on this matter: 1. Send the item back to the Planning Commission for further review and comment. 2. Take action on the item approval or denial. 3. Provide direction to staff if the Council feels there should be negotiation for a property sale. g c(�� Lot Split Paul Betker --165 — 51" Ave NW May 25, 2004 • Page 2 Information pertaining to the tile line: Cc: A tile line, originally identified as County Ditch No. 31, is shown in drawings from 1916 as running through the middle of Lot 5. This line has had several repairs completed to it over the years, and it continues to be utilized. Raw sewage was evident coming through this pipe in the fall of 2003, indicating that the original drawing indicating that it extends to North High Drive, serving a large drainage area, is apparently correct. Randy Redman Paul Betker S(Q) May 12, 2004 Gary Plotz 111 Hassan St SE Hutchinson, MN 55350 Dear Gary, Thanks for meeting with me on Monday afternuon to discuss the Paul Betker lot split on 5'h Ave. As per our conversation between us and John Roderberg I understand that there are 3 options that could be looked at to rectify this dispute. 1. Move the old county tile line that John said was 4 feet under the soil in Lot 5. This option John thought and I agree would be very expensive to complete. 2. Negotiate a price for the lot to sell to the city for a holding pond. John said that this option monetarily is not in the best interest of the city as they do not need it at this time. 3. Allow Mr. Betker to build on the west side of lot 5 only. This option is what I discussed with Paul as the best choice of these three. After discussing these options with Paul he wants to have the city prove that this tile line is working? He said that if the tile is not working, which is probable. He believes that the • the map and location is not valid for the denial. The other option is if they allow him to build on the west side of lot 5 he wants the city to pay $20,000 for the east side of lot 5. Please discuss these issues and get back to me at your convenience or forward this information to the planning commission for ftuther review. As I stated in our meeting we have filed for the 60 day extension of the lot split request. I have also called Dean Kirchoff to advise him that we are in discussion for the planning commissions further review. As of today Dean has not returned my phone call so I have included a copy for his files. rycrely, CRRannddy Re Cc: John Roderberg Dealt Kinchoff Casey Stotts • U` 0 Hutchinson City Center Ill Raman Strccl SG Hutchinson, MN 5575(1 -2522 320. 587.5151 /Fax 320. 234.4240 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works Randy DeVries, Director of Water /Wastewater Operations RF: Consideration of Approving Requests For Proposals (RFP) For: A. Water System Master Plan B. Wastewater Facility Operational Support and Analysis DATE: May 20, 2004 Attached are copies of two Requests For Proposals (RFP) for studies proposed for the Water and Wastewater Departments. We are requesting approval of the RFP's so that we can receive Proposals for the noted work. The final contract documents for each of these studies will be presented to the Council later this summer for approval. Funding for these studies is budgeted either under • Professional Services or from cost savings from open positions. it is expected that all costs will be covered within the current budget. • These two studies are important for the appropriate future operations and development on the City's Water and Wastewater distribution and/or treatment systems. The two studies are: Water System Master Plan This report would verify estimated water demands, and then complete a new water system distribution analysis for the City. The last one was completed over 12 years ago, and does not cover currently developing areas of the City. The plan would show "what" size infrastructure needs to be built "where" and "when ", and "how" much it is estimated to cost. This analysis is essential to provide adequate water service for consumption, industrial use and safety. Wastewater Facility Operational Support and Analysis This report is directed toward supporting the Wastewater Treatment Facility (W WTF) maintenance and operations. It will review our current maintenance and operations procedures, help develop revised job duties, identify needs and opportunities with the laboratory, and help provide training, maintenance and operational support until the W WTF is fully staffed and trained. We recommend approval of the two RFP's. Printed on rocycled paper - J q ( 0. REQUEST FOR PROPOSALS "WATER SYSTEM MASTER PLAN" The City of Hutchinson ( "City ") is seeking the services of a qualified consultant to produce a "Water System Master Plan" document which will analyze and model the existing water system, identify deficiencies, and recommend appropriate improvements to address short and long -term issues and needs. The following schedule shall be followed by each firm identified as a Proposer: PROPOSED SCHEDULE ➢ City Council approves Request For Proposal (RFP) and proposed schedule on May 25, 2004 ➢ All questions regarding the RFP should be submitted in writing by June 18, 2004. If necessary, the City will send out an addendum including corrections or clarifications by June 25i11, 2004_ ➢ Proposals are due by July 2, 2004 ➢ Review of RFP's and recommendation by Selection Committee by July 9, 2004. ➢ Oral interviews may be scheduled for July 21 or 22, 2004 ➢ Committee selects preferred consultant and begins negotiations: July 26 — August 5, 2004 ➢ City Council to consider approval of Consultant at the Council meeting on August 10, 2004. ➢ Work completed by December 17, 2004 Notes: This Request for Proposals ( "RFP ") does not obligate the City to complete the project. . The City reserves the right to cancel or amend this solicitation if it is considered to be in the best interest of the City. Any amendments will be communicated to all known Proposers. PROPOSAL CONTENTS Proposals submitted for the City's consideration are required to include, but not necessarily be limited to, the following information and shall not exceed 50 single -sided pages [including cover, title sheets, dividers, figures and personnel (resumes)). For ease of review by the selection committee, each proposal shall be organized into the major sub - headings indicated on the following pages. Six (6) copies of the proposal shall be mailed/delivered no later than 4:00 p.m. on July 2, 2004. Submittals shall be addressed to: John Rodeberg, PE Director of Public Works 111 Hassan Street SE Hutchinson, MN 55350 320 - 234 -4209 (irodeber (a�ei.hutchinson.nin.us) All contacts and questions re ardin this proposal must be through the above named erson. Fax or e-mail inquiries are acceptable. Replies of substance will be in the form of an addendum to all known Proposers. Please provide a single point of contact (person's name), fax number or e-mail address to expedite the receipt of any such addendum. Late submittals will not be considered or reviewed. Respondents shall bear all costs and risks associated with preparing and submitting responses to this . Request for Proposals. REQUEST FOR PROPOSALS WATER SYSTEM MASTER PLAN ]) PROJECT The City of Hutchinson is seeking the services of a qualified consultant to analyze and model the existing water system, focusing on the primary area of water distribution, and also develop a model for the City's Urban Area Boundary, as noted in the City's Comprehensive Plan and other documents. The work will also include additional analyzation and verification of water demand estimates prepared as part of the City's ongoing water treatment and storage facility construction. The analysis and subsequent recommendations will be incorporated into a report entitled, "The Hutchinson Water System Master Plan." This report will be based on, and will include, an electronic, dynamic model of the water distribution and storage system that, when complete, will allow the City to perform analysis of impacts to system when new uses or alterations are proposed. As part of this project, this dynamic model shall be completely integrated with the City's GIS software package and will become the property of the City. 2) BACKGROUND The City of Hutchinson has a groundwater system consisting of a 5 MGD treatment plant, 89 miles of watermain, 5 municipal wells (all located on the treatment plant site), 1.5 million gallons of standing storage (3 separate 0.5 MG structures) and a 0.5 MG underground concrete reservoir at the treatment plant. The City is proposing to build a 6.5 MGD RO/biological treatment plant in 2005 and 2006 with potential additional underground storage of 0.5 to 1.0 MG. Average Daily Plow (2000)' 2.25 MGD Peak Historic Demand: 4.6 MGD In the past, Hutchinson has commissioned several studies to address its water system with the most recent ones being: • Water Treatment Stud • Earth Tech, 2004 • Pilot Study Report Membrane Softenin and Biolo Leal Ammonia Removal ' Earth Tech, 2003 • Wellhead Protection Plan• Earth Tech, 2003 • Distribution System Analysis; RCM, 1991 At this time, Hutchinson is seeking to integrate previous studies and reports with current system demands, conditions and capabilities and apply the data to projected demands in order to evaluate the potential need for system improvements. Conclusions derived from four areas of study need to be presented as alternatives that include probable costs, an implementation plan and schedule, a cost/benefit analysis, and a pro /con analysis. It is the intent of this project to utilize our current ArcMAP database to develop the information, and have the final product integrated with the current database to allow for use of the developed information, and future updates to the report. 3) PROPOSAL LAYOUT Project Understandin A narrative which presents the firm's understanding of the report requirements including specific ideas the firm may have regarding specific aspects of the report. Project Approach Proposer's overall approach to the project in general terms, including a discussion of the project management philosophy of the firm and how it relates to this specific project. Should include a detailed approach to each phase of the project, including a discussion of the tasks to be performed. identify any disciplines for which the firm intends to retain the services of a sub - consultant, including sub - consultant firm name and team members who will work on project. Firm Experience Identify a minimum of five projects that your firm has completed within the last five years of a similar nature. Please include a reference for each project including contact name and telephone number. Outline your firm's experience in the Upper Midwest as it relates to all requirements of this study. Work Schedule Prepare a work task flow chart that illustrates chronologically your firm's intent to reach major milestones and products within the time -frame contained above. Proiect Team Provide a list of personnel who will be assigned to this study if your firm is selected. Include personnel experience and qualifications as they relate to this study as well as what role each will perform on this project. Work Pro ram and Hourly Estimate Prepare a work program that outlines the task that will be complete (and when) and indicate which team member will be performing each task. Prepare an estimate of the personnel hours (by employee classification) for each work task identified. Provide a detailed listing of hourly rates for each employee classification used by your firm. The work program shall also indicate the level of Hutchinson participation in the project as well as any other service to be provided by the City. Hutchinson staff intends to be actively involved with this project and a minimum of three (3) status meetings are to be included in the work program. Current Workload Provide discussion of your firm's current workload as well as those of the project team and sub - consultants identified as they may relate to this study. Include a description of any conflicting projects or studies the City should be aware of. Consultant Fee Prepare an hourly, not -to- exceed cost for consulting services including reimbursables, mileage, • meetings, etc. associated with this proposal. The actual fee will be based on actual hours involved at the rates set forth in the proposal. q( Summary • Summarize the key elements of the proposal and provide a discussion as to why you feel your firm should be selected for this study. 4) EVALUATION CRITERIA FOR THE SELECTION OF THE ENGINEERING FIRM A Selection Committee composed of City personnel will evaluate the proposals. Members of the Selection Committee will independently review and rate each proposal based on the following criteria: Project Understanding (10 %): The firm's understanding of the project and the concerns of the City as evidenced by the Project Understanding. Proiect Approach (15"/x): Clarity, innovativeness, conciseness, organization, and the overall responsiveness to the RFP. Proiect Personnel (10'/,)): The assignment of qualified and experienced engineering staff responsible for the project who have proven ability to work together as a team on similar projects. Minnesota registration a plus. Work Program (10%): Thoroughness of the proposed work program, including personnel assignments by employee classification (and estimated time needed for each task) and timeline benchmarks for completion of milestones of report. • Firm References (10%): The professional and ethical reputation of the firm and staff, as determined by inquiries with previous clients, and with other references not limited to those specified in the proposal. The firm's quality of planning, design and construction engineering services, past performance in meeting schedules and deadlines, and preparing accurate cost estimates including projects satisfactorily completed for the City. Firm Ex erience (10%): The qualifications and expertise of the firm and key project personnel in performing the services required for this project as demonstrated by the quality of the firm's previous and current projects. Emphasis will be given to experience in the Midwest. Firm Resources (10%1- The firm's resources such as number of employees, current workload, integration of computers and other technology, retainage of recognized experts or specialty certified key project personnel, etc. Firm Histo /Track Record (10%): Familiarity and ability to work with Minnesota Department of Health, Department of Natural Resources and other applicable regulatory agencies. Cost to Value (15%): Consultant's estimated fee for proposed work as compared to the value received by the City. The selection committee will select three (3) firms (more or less) for interviews based upon a review of the proposals. Oral interviews will be evaluated against the following two sets of criteria: 1) A persuasive • presentation that highlights the project approach, clarity, conciseness, organization; 2) and the overall responsiveness of the RFP. Providing clear, informative answers to all questions will also be a part of the evaluation criteria. The interviews will be fifty minutes in length with thirty minutes for presentation and twenty minutes for discussion and questions by the selection committee. The City of Hutchinson reserves the right to reject any and all responses as deemed to be in the best interest of the City. The City reserves the right to request additional information from a Consultant(s) as deemed necessary to analyze responses. A contract that more fully defines the final scope of work, and method and amount of compensation, will be negotiated with the selected consultant. Upon completion of the interviews, the committee will rank the firms in order of preference and begin negotiations with the top firm. If an agreement is not reached within a reasonable period of time, the City will terminate negotiations with the top ranked firm and begin negotiations with the second ranked firm. 5) AVAILABLE RESOURCES The City of Hutchinson has completed numerous studies and reports that provide information on which to base this report. a. Comprehensive Plan and AUAR (Alternative Urban Areawide Review) (2002 DSU) details expected growth rates, locations of growth, types of growth, staging of growth areas and other information. Land use plans, zoning information and other planning documents are also available . on -line. These reports are up to date, and very detailed. Reports and graphics are available on -line at the City Web site (ham:/ /wwv ci hutchinson.mn.us /olannin> .htm) b. Water Treatment Study (2004 Earth Tech) includes a "Water Needs Analysis" (Section 2.0) that details expected industrial and residential water use increases. The report includes recommendations for supply and storage that are proposed to be reviewed as part of this project. c. ISO Flow and Pressure Report (2002) includes the results of flow and pressure testing for fire demand. d. Water System and Parcel Data is available in ESRI's ArcGIS layer format. Information includes all known locations, sizes, materials, as- builts, dates of installation for watermain, valves, hydrants and other water system features (see disclaimer for limitations), and address, owner and other parcel information. e. Other Earth Tech Reports: Wellhead Protection Plan (2003), WTP Pilot Study (2003), Water Rate Study /Cost of Service Analysis (1999), Water Rate Study /Cost of Service Analysis (1999), Emergency and Conservation Plan (1996) f. Topographic Mapping: Previous topography maps completed in 1985 by MarkHurd. Digital topographic maps and orthophotos are under contract to be completed in August of 2004 by Martinez Corporation. g. Utility Billing /Consumption Information. Water use records identified by address, account • number, and property identification number (PIN) are available. (kto � s) SCOPE OF WORK • This project is divided into two general areas of study: water demand and distribution. The information and conclusions derived in each of the areas of study need to be consolidated into a recommended set of alternatives. Each alternative shall include an implementation plan, associated probable costs, a cost/benefit analysis, and a pro /con analysis that discusses impacts on current rates. TASK l: Water Remand Review previous water demand calculations completed as part of the Water Treatment Study, Comprehensive Plan and AUAR. Meet/visit with industries to verify future water demand issues. Determine an applicable time grid and project future water demands. Demand should be broken down by applicable usage categories (industrial, residential, etc.). Significant demand calculations (peak hour, peak day, etc.) need to be projected to develop system improvement recommendations. All projections should include statistical validation. Review should include water conservation measures, and discussion and evaluation of their potential impact on reducing water demands. TASK 2: Water Distribution Electronically model and evaluate the present distribution system from both a water storage and conveyance perspective, and address present and future concerns. Discuss and evaluate modeling strategies and their short and long -term relevance to the City. Develop proposed locations for trunk distribution improvements and storage facilities. 6) CONTRACT TYPE No reimbursement will be made by the City of Hutchinson for any costs incurred prior to a formal notice to proceed should an award of contract result from this solicitation. The City of Hutchinson expects to utilize an hourly rate contract with a maximum dollar amount that the City will pay to the successful Consultant on a monthly basis, with a final payment due at the completion of Consultant's duties under the Agreement entered into between the parties. The hourly rates shall include all labor costs, labor additives, general and administrative costs, reimbursables, and profit. Subsequent contracts, if any, may or may not use this contracting approach. It is anticipated monthly estimates will be used as method of payment with the Consultant submitting a detailed invoice listing times, personnel, mileage, etc. chargeable for that period. 7) CONDITIONS OF ENGAGEMENT Independent Consultant It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Consultant's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Consultant and its staff are to be and shall remain an independent consultant with respect to all services performed under this proposal. The Consultant represents that it has, or will secure at its own expense, all personnel required in performing services under this proposal. Any and all personnel of the Consultant or other persons, while engaged in this performance of any work or services required by the Consultant under this proposal, shall have no contractual relationship with the City and shall not be . considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the • Consultant, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Consultant shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. I• J L Indemnification The Consultant shall defend, indemnify and hold harmless the City of Hutchinson, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Consultant's (including its officials, agents, subconsultants or employees) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Consultant. Termination The contract may be terminated by the City with or without cause at any time upon written notice to the Consultant. In the event that such termination should take place at a time other than the completion of the work to be performed under the contract, the Consultant shall be paid for the work performed to the date of termination. Miscellaneous The successful Consultant agrees that during the term of the Agreement entered into between the Consultant and the City: 1. The City will own and have a right to use, reproduce and modify as it desires any data, reports, analyses, and materials which are collected or developed by the Consultant as a result of this contract. 2. Any material alterations, variations, modifications or waivers of provisions of this proposal shall be valid only when they have been reduced to writing as an amendment to this proposal and signed by both parties. 3. The City and Consultant submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The parties hereto shall decide whether mediation shall be binding or non - binding. If the parties cannot reach agreement, mediation shall be non- binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. Any judicial action shall be taken in the City of Hutchinson's court district. 4. This Agreement shall not be assignable except at the written consent of the City. q Ca- crry of REQUEST FOR PROPOSALS RFP "WASTEWA'T'ER FACILITY OPERATIONAL SUPPORT & ANALYSIS" The City of Hutchinson ( "City ") is seeking the services of a qualified consultant for "Wastewater Facility Operational Support and Analysis" which will include: 1. A review and analysis of the physical condition and the short-term maintenance needs of the existing Wastewater Treatment Facility (WWTF), as well as development of an Operations Plan. 2. A review and analysis of the operations and future needs of the WWTF laboratory. 3. Operational and management support services for the WWTF facility and laboratory. PROPOSED SCTTEDiTLE (Subject to change) ➢ City Council approves Request For Proposal (RFP) and proposed schedule on May 25, 2004 ➢ All questions regarding the RFP should be submitted in writing by June 11, 2004_ If necessary, the City will send out an addendum including corrections or clarifications by June Igo', 2004. ➢ Proposals are due by June 28, 2004 ➢ Review of RFP's and recommendation by Selection Committee by July 2, 2004. ➢ Oral interviews, if necessary, may be scheduled for July 12 or 13, 2004 ➢ Committee selects preferred consultant and begins negotiations: July 13 -- July 22, 2004 • Y City Council to consider approval of Consultant at the Council meeting on July 27, 2004. ➢ All work, except for management and operational support services, to be completed by November 1, 2004 ➢ Management and operational support services to run until mid -year, 2005. Notes: This Request for Proposals ( "UP ") does not obligate the City to complete the project. The City reserves the right to cancel or amend this solicitation if it is considered to be in the best interest of the City. Any amendments will be communicated to all known Proposers. PROPOSAL CONTENTS Proposals submitted for the City's consideration are required to include, but not necessarily be limited to, the following information and shall not exceed 50 single -sided pages [including cover, title sheets, dividers, figures and personnel (resumes)]. For ease of review by the selection committee, each proposal shall he organized into the major sub- headings indicated on the following pages. Six (6) copies of the proposal shall be mailed/delivered no later than 4:00 P.M. on June 28, 2004. Submittals shall be addressed to: John Rodeberg, PE Director of Public Works 111 Hassan Street SE Hutchinson, MN 55350 320 - 234 -4208 rodeber r ci.hutchinson.mn.us) • All contacts and questions regardinz this proposal must be through the above named erson, Fax . or e-mail inquiries are acceptable, and recommended. Replies of substance will be in the form of an addendum to all known Proposers. Please provide a single point of contact (person's name), fax number or e-mail address to expedite the receipt of any such addendum. Late submittals will not be considered or reviewed. Respondents shall bear all costs and risks associated with preparing and submitting responses to this Request for Proposals. C� qcCA-) RF UEST FOR PROPOSALS . "WASTEWATER FACILITY OPERATIONAL SUPPORT & ANALYSIS" 1) PROJECT The City of Hutchinson is seeking the services of a qualified consultant to review, analyze and make recommendations regarding facility and laboratory needs, and provide operational and management support for the City of Hutchinson's Wastewater Treatment Facility (WWTF). The work is proposed to be divided into three tasks, as specifically noted in Section 5, entitled "Scope of Work ". These tasks can generally be described as: TASK 1: A review and analysis of the operations, physical condition and the short -term maintenance needs of the existing Wastewater Treatment Facility (WWTF). TASK 2: A review and analysis of the operations and future needs of the WWTF laboratory. TASK 3: Operational and management support services for the WWTF facility and laboratory. 2) BACKGROUND Maintenance of the City's 16+ year -old Wastewater Treatment Facility has been reduced over the last several years as staff has been lost due to budget limitations/cutbacks and turnover. Also, during the last couple of years the focus of the city and its WWTF staff has shifted to developing Creekside Soils . (compost and organic landscaping materials). As part of the Public Works Department reorganization, staff has identified maintenance and operational issues that warrant the development of a defined list of current deficiencies at the Wastewater Treatment Facility, and a recommended strategy and program for addressing these needs. Defined duties and responsibilities, and the development of an appropriate Operations Plan and work order system have been identified as needs. In addition, turnover, changes in regulations and facility upgrade needs have caused the City to look at the operation and management of its laboratory at the WWTF. Identifying needs and improvements needed in this area is essential. Additional testing needs are expected, and questions regarding out- sourcing or improving internal facilities and operations need to be addressed. The City has been faced with staff shortages and reassignments that has created many openings at the WWTF, and the need to evaluate the current and future needs. Part of the work in this proposal will be to provide basic support services for operations while staff openings are appropriately filled. The Public Works Group is proposing to work with the "Public Works Management Practices Manual" developed by the American Public Works Association (APWA) as a guide to develop operations and practices plans. • 3) PROPOSAL LAYOUT . Project Understandin A narrative that presents the firm's understanding of the report requirements including specific ideas the firm may have regarding specific aspects of the report. Proiect Approach Proposer's overall approach to the project in general terms, including a discussion of the project management philosophy of the firm and how it relates to this specific project. Should include a detailed approach to each phase of the project, including a discussion of the tasks to be performed. Identify any disciplines for which the firm intends to retain the services of a sub - consultant, including sub- consultant firm name and team members who will work on project. Firm Experience Identify projects that your firm has completed within the last five years of a similar nature. Please include a reference for each project including contact name and telephone number. Outline your firm's experience in the Upper Midwest as it relates to all requirements of this study. Work Schedule Prepare a work task flow chart that illustrates chronologically your firm's intent to reach major milestones and products within the time -frame contained above. Pro ect Team Provide a list of personnel who will he assigned to this study if your firm is selected. Include . personnel experience and qualifications as they relate to this study as well as what role each will perform on this project. Work Program and Hourly Estimate Prepare a work program that outlines the task that will be complete (and when) and indicate which team member will be performing each task. Prepare an estimate of the personnel hours (by employee classification) for each work task identified. Provide a detailed listing of hourly rates for each employee classification used by your firm. The work program shall also indicate the level of Hutchinson participation in the project as well as any other service to he provided by the City. rIL Current Workload Provide discussion of your firm's current workload as well as those of the project team and sub - consultants identified as they may relate to this study. Include a description of any conflicting projects or studies the City should be aware of. Consultant Fee Prepare an hourly, not -to- exceed cost for consulting services including reimbursables, mileage, meetings, etc. associated with this proposal. The actual fee will be based on actual hours involved at the rates set forth in the proposal. Summary Summarize the key elements of the proposal and provide a discussion as to why you feel your firm should be selected for this study. G(«) 4) EVALUATION CRITERIA FOR THE SELECTION OF THE ENGINEERING FIRM A Selection Committee composed of City personnel will evaluate the proposals. Members of the Selection Committee will independently review and rate each proposal based on the following criteria: Project Understandin p (101/6): The firm's understanding of the project and the concerns of the City as evidenced by the Project Understanding. Project Approach (15 %). Clarity, innovativeness, conciseness, organization, and the overall responsiveness to the RFP. Proiect Personnel 00 %l: The assignment of qualified and experienced engineering staff responsible for the project who have proven ability to work together as a team on similar projects. Minnesota registration a plus. Work Program (10'%1: Thoroughness of the proposed work program, including personnel assignments by employee classification (and estimated time needed for each task) and timeline benchmarks for completion of milestones of report. Firm References (10 %): The professional and ethical reputation of the firm and staff, as determined by inquiries with previous clients, and with other references not limited to those specified in the proposal. The firm's quality of planning, design and construction engineering services, past performance in meeting schedules and deadlines, and including projects satisfactorily completed for the City. • Firm Experience (10 %): The qualifications and expertise of the firm and key project personnel in performing the services required for this project as demonstrated by the quality of the firm's previous and current projects. Emphasis will be given to experience in the Midwest. 0 Firm Resources (10 %): The firm's resources such as number of employees, current workload, integration of computers and other technology, retainage of recognized experts or specialty certified key project personnel, etc. Firm History/Track Record (10%): Familiarity and ability to work with Minnesota Pollution Control Agency, Minnesota Department of Health and other applicable regulatory agencies. Cost to Value (15%): Consultant's estimated fee for proposed work as compared to the value received by the City. The selection committee may select three (3) firms (more or less) for interviews based upon a review of the proposals. Oral interviews will be evaluated against the following two sets of criteria: 1) A persuasive presentation that highlights the project approach, clarity, conciseness, organization; 2) and the overall responsiveness of the RFP. Providing clear, informative answers to all questions will also be a part of the evaluation criteria. The interviews will be fifty minutes in length with thirty minutes for presentation and twenty minutes for discussion and questions by the selection committee. The City of Hutchinson reserves the right to reject any and all responses as deemed to be in the best interest of the City. The City reserves the right to request additional information from a Consultant(s) as deemed necessary to analyze responses. A contract that more fully defines the final scope of work, and method and amount of compensation, will be negotiated with the selected consultant. Upon completion of the interviews, the committee will rank the firms in order of preference and begin negotiations with the top firm. If an agreement is not reached within a reasonable period of time, the City will terminate negotiations with the top ranked firm and begin negotiations with the second ranked firm. 5) AVAILABLE RESOURCES The City of Hutchinson has completed numerous studies and reports that provide information on which to base this report. a. Wastewater Treatment Capacity Study (1998 Donohue/Rust F &I) completed the following tasks: 1) evaluate the conditions of the existing facilities, 2) project the future wastewater flows and . loadings, 3) determine the facility improvement needs, 4) provide a budgetary estimate for the necessary improvements. b. Sewer Service Rate Study (2001 Earth Tech) reviews growth rates and cost issues c. Comprehensive Sanitary Sewer Plan (1997 Rust E &I) identifies sanitary sewer trunk infrastructure needs within the City's Urban Area Boundary. d. Comprehensive Plan and AUAR (Alternative Urban Areawide Review) (2002 DSU) details expected growth rates, locations of growth, types of growth, staging of growth areas and other information. Land use plans, zoning information and other planning documents are also available on -line. These reports are up to date, and very detailed. Reports and graphics are available on -line at the City Web site ( htto:!/ www.ci.hutchinson.mn.us /nlannin .htm) e. Other Earth Tech/Rust E &I Reports: Biosolids Management Facilities Plan (1993), and other reports may also be available. C1 6) SCOPE OF WORK This project is divided into three tasks, as noted above. Each of the Tasks, and their scope, are as follows: TASK 1: FACILITY REVIEW A. Review existing resources on the facility to identify past efforts and issues. I3. Meet with management, operations and maintenance staff to identify issues and concerns. C. Physically review the facility, independently and with staff. Identify short-term maintenance needs. Categorize and prioritize the needs, identifying potential costs, obstacles and other issues. D. Using the "Wastewater Treatment Capacity Study" information and other resources as a base, review and identify long -term maintenance needs at the facility. Categorize and prioritize the needs, identifying potential costs, obstacles and other issues. E. Review the current operations of the WWTF to identify staff needs and resources, and develop an Operations Plan that includes: 1. Review current staff assignments and duties, and develop recommended staff levels and responsibilities. Review current job descriptions and recommend revisions. Help develop new job description for proposed Sr. Wastewater Operator (hiring in early 2005). 2. Develop /review the current work order system in conjunction with Public Works Group and/or WWTF work order software. Work order system should be based on process identification, process elements, equipment and infrastructure in each element, and routine maintenance required for equipment and infrastructure. The work order system should be based on an operations plan that details responsibilities, and provides a systematic and achievable level of direction and accountability. . 3. The Operations Plan shall be a written report detailing the above items, and shall be of sufficient detail to provide guidance for maintenance and operational staff in their daily operations, and the management for supervision and direction. The American Public Works Association (APWA) "Public Works Management Practices Manual" shall be utilized as a guide. TASK 2: LABORATORY REVIEW A. Review current and proposed state and federal regulations regarding laboratories. Discuss concerns and issues with the Regulatory Specialist, and other Wastewater and Public Works staff, regarding current and future needs. B. Review the physical and operational conditions of the laboratory. C. Review options for the laboratory that include: 1. Is outsourcing is a feasible or recommended option? Detail pros and cons (service, cost, timing, etc.). 2. Identify the potential type and level of testing that could/should be completed in-house- Should be based on current and potential testing required for all related city departments (Water, Wastewater, Creekside Soils, etc.). 3. Identify improvements that would be required at the laboratory to appropriately provide these services. Provide a list of equipment, schematic of potential facility layout and approximate costs to complete these improvements. D. Review current staff levels, assignments and duties (including labor, supervision and management needs) and develop recommended staff levels and responsibilities. Review current job descriptions and recommend revisions, including how weekend work, daily . supervision and QA/QC will be covered. c C4) TASK 3: MANAGEMENT AND SUPPORT SERVICES • Provide management and operational support services during transitional period. Staff is currently identified as being three positions short, with two positions currently being advertised (Wastewater Operator /letter and Laboratory Technician/Operator) and the third position of Sr. Wastewater Operator proposed for 2005- The hours noted are approximate only, and are included to give the Consultant a general outline of expectations, and provide a base for comparison of Proposals. A. 120 hours of laboratory -level support for August through December. May include braining services for new laboratory staff, and also on -site laboratory testing services. Assume weekday work only. B. 200 hours of operator -level support for August through December. Includes all costs necessary to provide qualified personnel to work with current staff or alone to support general operations of the facility, and provide training (if requested). May include emergency or weekend work, for which the consultant should indicate additional hourly costs. Assume all hours are on -site at the WWTF. Items required for Tasks 1 and 2 will not be considered as part of this Task, however additional training requested will be considered part of this Task. C. 160 hours of management -level support for the Director of Watcr/Wastewater Operations, Public Works Director and other management and supervisory staff- Assume a minimum of 2 trips per month to the City. Would include both on -site and teleconference /phone support services. These services would begin after the Tasks noted above are completed, currently noted as November 1, 2004, and could continue until mid -2005. • 7) CONTRACT TYPE No reimbursement will be made by the City of Hutchinson for any costs incurred prior to a formal notice to proceed should an award of contract result from this solicitation. The City of Hutchinson expects to utilize an hourly rate contract with a maximum dollar amount that the City will pay to the successful Consultant on a monthly basis, with a final payment due at the completion of Consultant's duties under the Agreement entered into between the parties. The hourly rates shall include all labor costs, labor additives, general and administrative costs, reimbursables, and profit. Subsequent contracts, if any, may or may not use this contracting approach. it is anticipated monthly estimates will be used as method of payment with the Consultant submitting a detailed invoice listing times, personnel, mileage, etc. chargeable for that period. R) CONDITIONS OF ENGAGEMENT Independent Consultant It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Consultant's staff as the agents, representatives or employees of the city 'for any purpose in any manner whatsoever. The Consultant and its staff are to be and shall remain an independent consultant with respect to all services performed under this proposal. The Consultant represents that it has, or will secure at its own expense, all personnel required in performing services under this proposal. Any and all personnel of the Consultant or other persons, while engaged in this performance of any work or services required by the • Consultant under this proposal, shall have no contractual relationship with the City and shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Consultant, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Consultant shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. Indemnification The Consultant shall defend, indemnify and hold harmless the City of Hutchinson, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Consultant's (including its officials, agents, subconsultants or employees) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Consultant. 'termination The City with or without cause may terminate the contract at any time upon written notice to the • Consultant. To the event that such termination should take place at a time other than the completion of the work to be performed under the contract, the Consultant shall be paid for the work performed to the date of termination. Miscellaneous The successful Consultant agrees that during the term of the Agreement entered into between the Consultant and the City: 1. The City will own and have a right to use, reproduce and modify as it desires any data, reports, analyses, and materials which are collected or developed by the Consultant as a result of this contract. 2. Any material alterations, variations, modifications or waivers of provisions of this proposal shall be valid only when they have been reduced to writing as an amendment to this proposal and signed by both parties. 3. The City and Consultant submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The parties hereto shall decide whether mediation shall be binding or non- binding. If the parties cannot reach agreement, mediation shall be non - binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. Any judicial action shall be taken in the City of Hutchinson's court district. G. This Agreement shall not be assignable except at the written consent of the City. 9C� 0 11 is Memorandum TO: Mayor and Council FROM: Gary Flotz, City Administrator"`�� RE: 2004 Reclassification Requests DATE: May 18, 2004 Hutchinson City Center 111 Hassan street SU Hutchinson, MN 55350.2522 320- 587.51511rsx 320 -2 -14 -4240 Each year, typically in a January time frame, the City Council considers and reclassification requests (grade changes) for City positions. In 2004, this was delayed, in part until the reorganization of the Public Works Department, and specifically the wastewater department was decided. The reorganization was considered at our May 11, 2004, Council meeting. Therefore, it is now appropriate to consider any and all reclassification recommendations as follows: Director of En6neerin2/Publie Works At the previous meeting of May 11, the Council approved the concept of the Public Works reorganization, Such a transition includes the reclassification of this position including a title change to Public Works Director. The proposed reclassification reflects an increase in the scope of authority and responsibility for the position including the overall authority under the City Administrator for all of the public works departments of Engineering, Facility Maintenance, Infrastructure Maintenance, Internal Support Services, Cemetery, Water and Wastewater. The position also will have three upper level direct reports including the City Engineer, the Public Works Superintendent (Assistant Public Works Director), and the Director of Water /Wastewater Operations. Staff recommends a reclassification of this position from Grade 15 to Grade 17 on the City Position Classification Table. The position reports directly to the City Administrator. John Rodeberg currently holds the position. primed on recyded paper - aC &� 2. Assistant Public Works Director • Continuing with the Public Works Reorganization effort, the reclassification of the position of Assistant Public Works Director is offered for consideration. This position has been evolving steadily over the past twelve (12) to eighteen (18) months in regards to additional responsibility and scope of authority. Specifically, the position has assumed the day -to -day supervisory function for the public works maintenance operations including facility maintenance, infrastructure maintenance, internal support services, and Oakland Cemetery. The maintenance operations functions previously dealt only with the needs of the street, HATS, airport, and cemetery. The position now coordinates these functions for these areas and water, wastewater, and as needed for the Creekside Compost facility. The position also has increased direct reports, now totaling 15 regular part time and full time, due to the reorganization. Staff recommends a reclassification of this position from Grade S to Grade 10 on the City Position Classification Table and a change in title to Public Works Superintendent. John Olson currently holds the position. 3. Laboratory Technician The position of Laboratory Technician is currently a Grade 4 position on the Position Classification Table. As part of the reorganization process of the public works department, the employee in the position of Laboratory Technician has been transferred to the position of Regulatory Specialist. The Regulatory Specialist, a grade 4 position, incorporates the duties and responsibilities of the previous lab technician position that address the quality control and regulatory aspects of the position. The actual day -to -day lab work, record keeping and maintenance will continue to be included in the reclassified Grade 3 position and a general wastewater operations function will be added to the position. The position is proposed to be titled Laboratory Technician / Wastewater Plant Operator and is in the process of being filled. 4. Director of Human Resources The scope of services that the Director of Human Resources performs has expanded within the last twelve months. Specifically, Brenda Ewing has been operating as an ongoing personnel coordinator on many issues for the Hutchinson Utilities Commission. These activities, specifically, have included hiring, disciplinary actions, employee appeals, arbitration issues, terminations, and employ reduction and severance issues. I have visited with the Chairperson, Paul Ackland, and he is very grateful for the expertise and desires the assistance to continue forward. • It is appropriate and I recommend the position be reclassified from a Grade 10 position to a Grade 12 position. 9 c�� • 5. Administrative Secretary In February 2002, the position of full time City Attorney was established by the City of Hutchinson. At that time, it was determined that administrative /clerical support for the City Attorney would be provided by the Administrative Secretary and a CSO /Records Maintenance Technician. In 2003, the position was reclassified due to the additional duties and responsibilities assumed largely in part to the added work for the legal department, including the following duties: drafting civil forms (deeds, affidavits, and easements), drating criminal complaints (plea petitions, writs of habeus corpus, spriegel notices, etc.), drafting and editing resolutions, ordinances, contracts and agreements, preparing correspondence, transcribing correspondence from dictation, conducting legal research as directed by the City Attorney, scheduling and conducting interviews with witnesses and victims for jury trials, maintaining legal department records and schedules. The position has continued to evolve, and, basically, the employee does the work of "two employees" by operating as both a "near" paralegal for Attorney Marc Sebora and as the executive secretary for the City Administrator. The position has assumed more responsibilities including coordinating prosecutorial information with the Gavin, Olson, Savre, and Winters Law Office. The incumbent employee is in the process of obtaining a paralegal certificate, and should complete the certification process by August 2004. We have saved over $35,000 per year by not hiring a paralegal/ secretary for the City Attorney for the last two years. . The educational requirements for the position are proposed to be amended to include the paralegal certification. The position title is proposed to be changed to Administrative Coordinator/Paralegal. We believe the employee can continue to function doing both jobs, and it is the recommendation of staff to reclassify this position from Grade 4 to Grade 5 on the City Position Classification Table. The position will continue to report to both the City Administrator and the City Attorney. The position is currently held by Melissa Starke. 6, City Attorney This position was established in 2002 in part to both meet the needs of the City in regards to the City prosecutorial function and to provide increased and more readily accessible City legal services. At the time of establishment and until earlier this year, the prosecutorial function occupied much of the attorney's attention and time. As the routine prosecutorial function has been outsourced to the Gavin, Olson, Savre, and Winters law firm, the City Attorney has been afforded the opportunity to address other, more significant and substantial legal matters. Prior to the outsourcing measure, the City Attorney has been increasing the services provided to the Hutchinson Utilities Commission and Hutchinson Area Health Care, and more of his "daily time" is being spent on these organizations' matters. A very similar and comparable situation has occurred with our Director of Human Resources... namely • shared services. These services have included personnel issues, regulatory issues, and contractual negotiations. The Utilities Chairman, Paul Ackland, has been extremely satisfied with the increased scope of the Altomey's duties and is in favor of a grade /pay change at this time. Therefore, it is recommended to reclassify this position from Grade 15 to Grade 16. Marc Sebora currently holds the position of City Attorney. If you have any questions regarding this matter, please contact me and we will be prepared to address any questions at the Council meeting. Encl. LJ 11 a C�� s s • Reclassification Wage f Step Infor nation May 20,2004 I Current Current I Hourly Annual Employee Grade Step Rate Rate Starke, Melissa 4 4 $18.443 $38,361.44: Prorated Increase_- 6101104 - 1213.1104: Rate Difference: $1.48 — Ewing, Brenda tff TS .355 $Sfi,898.40' Prorated Increase - 6/01104 - 12131104: Rate Difference: $2.98 Seh ra, Marc j 15 ! 5 $36.299 $7.5,501.92 Prorated Increase - 6101104 -12J31 f04: Rate Difference: $1.55 ! I Rodeherg, John 15 8 j $41.593 $8fi,513.441— T Step 8 paid in lump sum, pay rate is Step 7 per Prorated Increase - 6/01104 - 12131104: Rate Difference:. $1.51 Olson, John 8J 7 $27.830 $57,886.40 Prorated Increase - 6101!04 - 12131104: Rate Difference: $3.39 i I " 1,213.31 work hours remaining in calendar year - 173.33 hrslmonth x 7 months e� Reclass Reclass Hourly Annual Pay Grade Step Rate Rate Increases _ 5 4 $19.923: $41,439.84 1213.31hrs. X $1.48 (rate diff) $1,795.70 I ! i 12 4 $30.331 $63,088.48 1213.31 hrs. X $2.98 (rate diif} $3,615.86 16 5 _ $37.849 $78,725.92 _ _ 1213.31 hrs. X $1.55 (rate diff) $1,880.63 I i 17 7 i $43.098 $89,643.84 p. Serv. Policy 1213.31 hrs. X $1.51 {rate diff} $1,213.31 10 7 _ $31.220 $64,937.60 1213.31 Mrs. X $3.39 (rate diff) S4,113.12 • • F- IL uo caiuq rem aq:at ran JLVDbtJJ9V HAM Ann114 Pqrk Hutchinson Area Health, Care ,Hutchinson Comtnurtity Hospltal NNPF BIAnS Manor Nursing HOnR • Daixel Medical Center 1095 Highway 1.5 South Hefc-hin.mn, MN 55350 (320) 234.5000 May 26, 2004 The Honorable Mayor Marlin Torgerson and Members of the City Council Hutchinson City Center 1 I 1 Hassan Street SE HutcWnson, MN 55350 Dear Mayor Torgerson and City Council Members: The Board of Directors of the Hutchinson Area Health Care (HAHC), as part of their regular meeting on May 18, 2004, considered the purchase of an item which requires your approval. The following is a draft excerpt from the minutes of the meeting, 111fusi Pu u e. The Board received a Capital Expenditure request for the purchase of 27 Abbott Laboratories Plum A+ Infusion Pinups. Purchasing the pumps will enhance patient safety because the alarm system will interface with the new nurse call system, The pumps will allow future software enhancement (MedNet technology) which will reduce the potential for human error in administering medications. The system will also allow for standardization which reduces the potential for staff error when moving between pump models while providing patient care. The proposed pumps alsp have the technology that allows them to be easily upgraded, through a computerized cbip /cassette that can be replaced. Purchasing, rather than leasing also provides the best return on investment for HAHC (see attached). The equipment is available through the hospital's group purchasing organization (VHA) at a cost of $59,400. • Following discussion, Mueller made a motion, seconded by Knutson, to request approval from the City Council to authorize the purchase of 27 Abbott Laboratories Plum A+ Infusion Pumps at a cost of $59,400. All were in favor. Motion carried." Thank you in advance, for consideration of this request, rely, Philip G. Graves President Ics U002 - -r Sri r� •.0 .-...r •pry Y.VVVIYVYV M[�b NIAlI\ t HUTCHINSON AREA HEALTH CARE . CAPITAL BUDGETING ANALYSIS May 19, 2004 Abbott Ladoratories Plum A +Infusion Pum with MedNet Medication Mana ement 5 tern GROSS CAPITAL CASH FLOWS Cash Outflows over five years Annual Five Years Initial Purchase Costs 59,400 Maintenance Yr 2-5 2,835 12,039 Total Outflows 71,438 Cash Inflows Decreased Lease Expense 32,600 163,000 Total Inflows 163,000 CAPITAL DECISION RULES L Payback Months 23.00 . Net Present Value $74,779 Internal Rate of Return 49% Present Value Terms Period of Time 6years Interest Rate 500% InflationFactor- Mefntsnance 4,00% KEY DECISION INDICATORS Enhances Patient safety - Alarms interlaces with new nurse call system that is included in the project budget (improving clinic alarms is one of HAHC's patient safety initiatives) - Offers both "soft" and "hard" doss- and rate - setting limits for both primary and secondary inrusion - Will allow for standardization of all pumps used on hospital campus Financial indicators support purchase rather than continued lease of pumps . 0200409IRpTCapitakAbbott Infusion pumps.3ds 4IUUJ 5/13/2004 6;00 PM J�