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cp01-27-2004 cAGENDA REGULAR MEETINCG - HUTCHTNSON CITY COTlNCiL • TUESDAY, dANUAKY 27, 2004 1. CALL TO ORDER - 5:30 P.M. 2- iNVOCAI'ION -Reverend I~oward ?,nderson, Hunter's Ridge Community Church 3. PLEDGE OF ALI.EGiANCE PRF,SF,NTATiON BY TIIF I~UTCIIiNSON CITY COUNCH, TO DiJANF. FiOVF,RS"I'EN IN RECOGNITION OF HIS YEARS OF SERVICE TO THE CITY COUNCIL 4. MINUTF,S (a) RF.GLJLAR MEETING OF JANUARY 13, 2004 Action -Motion to approve as prescntcd 5. CONSF,NT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HLJTCHTNSONHOUSINC~&REDEVELOPMENTAUTHORITYREGULARBOARD MEETING DECEMBER 16, 2UU3 2. HUTCHINSONHOLJSTNGPLANNINGCQMMTSSIDNMEETINGNOVEMBERI8, 2UU3 • 3. HLJTCHTNSON HOUSING PLANNING COMMISSION MEETING DECEMBER 16, 2UU3 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR DECEMBER 2003 5. CITY OF HLJTCHINSON INTEREST REPORT FOR DECEMBER 2UU3 G. CITY OF HUTCHINSON INCOME REPORTS -WATER SEWER (b) RESOLUTIONS AND URDINANC:ES 1. ORDINANCE NO.OA-366 -CONSIDERATION FOR APPROVAL OF PEES/RATE ADJUSTMENT (.SLC'ONI]12LADINGANDAI)OPTION): • WATER • SEWER • REFUSE • STORM WA'I'EK 2. RESOLUTION NO. 12337 -•• CONSIDERATION OF APPROVAL OF A LOT SPLIT SUBMITTED BY MARK SCHIERMAN TO SPI,TT A LOT LOCATED AT 1020 GOLF COURSE ROAD NORTHWEST 3. RESOLUTION NO. 12338 - CONSIDERATION OF APPROVAL OF RESOLUTION DF PLTRCIIASE CITY COUNCTI, AGENDA -JANUARY 27. 2004 4. RESOLU'I'lON NO. 12339 - KESOLU'I'ION SUSPENDING 'I'lIE ONSALE • INTOXICATING LIQUOR LICENSE OF MAIN STREET SPORTS BAR (c) LETTING NU. 5, PROJECT NU. U3-12 (APPROVAL OF CHANGE ORDER NU. 7) (d) LETTING NO. I, PROJECT N0.03-01 (APPROVAL OF CHANGE ORDER NO. 3) (c) LETTING NU. 1, PROJECT NU. 03-U1 (APPROVAL Oh CIlANGE ORDER NO. 2) (~ CONSTDERATTON FOR APPROVAL OF DRAINAGE AND UTILITY EASEMENT (g) CONSIDERATION FOR APPROVAL OF APPOINTMENT TO ECONOMIC DEVELOPMENT AUTHORITY BOARD DUANE HOVERSTEN (REPLA.CTNC JEFF 11AAG) AND REAPPOINTMENT OF BOB WTNDF.L FOR A STX YEAR TERM (h) CONSTDERATION FOR APPROVAL OF APPOINTMENT TO HU'I'Ci11NSON AREA HEALTH CARE BOARD MIKE MUELLER (i) CONSIDERATION FOR APPROVAL OF SHORT-TERMGAMBL]NG T.TC'F.NSF:I~O.R HU'1.'CHTNSON ROTARY FOLTNDATTON AT HTJTCHINSON EVENT CENTER Q) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLTNG LICENSE FOR PHEASANTS FOREVER A'1' MCLEOD COUNTY FAIRGROUNDS (k) CONSIDERATION FOR APPROVAL OF SHORT-TERM LTQUOR LICENSE FOR YHEASAN'1'S FOREVER AT MCLEOD COUNTY FATRGROUNDS Action - Motion to approve consent agenda G. PUBLIC HEARINGS - 6:00 P.M, 7. COMMUNICATIONS, REOUES'I'S AND PETiTiONS 8. UNFINISHED BUSINESS 9. NF.W AUSiNESS (a) ORDINANCE NO. 04-367 - CONSIDERATTON FOA APPROVAL AN ORDINANCE. AMENDING THE OFFICIAL ZONING MAP OF'1'11E CITY OF HUTCHINSON FOR A PROPERTY TO BE RE"CONED FROM R 1 TO R2 LOCATED AT 1245 ROBEK'1'S ROAL7 SOLJTHWEST (FTRST READING AND SGT SECOND REA.T)ING AND ADOPTION FOR FEBRUARYIO, 2004) Action - Motinn to reject - Mutiun to approvc (h) ORDINANCR NO. 04-368 -- CONSIDERATION FOR APPROVAI. AN ORDINANCE ESTABLTSHTNG POLICY AND PKOCEDURE RELATED TO THE CITY OF HUTCHINSON CHARGING FOR FIILE CAI,T,S (FIRST READING AND S'E1' SLC'OND READING AND ADOPTION FOR FF,BRUARY 1 D, 2004) Action -Motion to reject - Mction to approve (c) CONSTDERATTON FOR APPROVAL OF JOINT MEETING OF CTTY COl1NCIL AND HRA BOARD Action -Motion to reject -Motion to approvc z CITY COUNCIL AGENDA - .lANIIARY 27. 2004 (d) PRESENTA'1'lON FROM MCLEOD COi]NTY PLJBLTC HEALTH AND T)TSCUSSION Ol' THE SMOKE FREE POLTCY Action -Motion to reject -Motion to approve 10. MISCELLANEOUS (a) C'OMMLINTCATIONS 1. HEARTLAND COMMUNITY PRESENTATTON ON POVF..RTY ACT10N AGENCY INFORMATTONAL No action required ].1. CLAl1~IS, APPROPRIATIONS AND CONTRACT PAYMENTS 12. AD.JOiTRN MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 13, 2004 1. CALL TO ORDER - 5:30 P.M. 2. 1NYOCATION -Reverend Howard Anderson, Hunter's Ridge Community Church 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF DECEMBER 23, 2003 (b) ORGANIZATIONAL MEETING OF JANUARY 2, 2004 Minutes were approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARAS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR DECEMBER 2UU3 2. BUILDING DEPARTMENT MONTHLY REPORT FOR DECEMBER 2003 3. PIONEERLAND LIBRARY SYSTEM MINUTES OF I30ARD MEETING FROM NOVEMBER 20, 2003 4. HUTCHINSON AREA HEALTH CARE FINANCL4L REPORT (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 12333 -CONSIDERATION FOR APPROVAL OF RESOLUTION FOR PURCHASE 2, RESOLUTION NO. 12332 -CONSIDERATION FOR APPROVAL OF RESOLUTION AMENDING THE GENERAL FUND BUDGET FOR FISCAL YEAR 2003 RESOLUTION NO. 12087 (c) CONSIDERATION OF SETTING THE ANNUAL VISIONARY WORKSHOP FOR 7ANUARY 28, 2004 FROM 10:00 A.M. TO 3:15 P.M. Item 5(b)1 was pulled by Ken Merrill for updated/corrected cost of 5600 Toolcat (bobcat) the corrected price is $34,443 and the addition of one Ford Ranger Pickup for the compost site for $12,453. All the trucks will be purchased from Hutchinson Auto Censer not Farm Rite Equipment. Motion by Council Member Stotts, second by Council Member Peterson, to approve Resolution No. 12333 with changes presented by Ken Merrill. Motion carried unanimously. item 5(c) was pulled by Gary Plotz For discussion on the start time of workshop. Mr. Plotz was concerned that there would be too many topics to cover to finish in the amount of time originally allotted. Mr. Plotz requested the start ttme be 8:30 a.m. to ensure enough time to cover all the topics. y cd~ C17"Y COUNCIL MINUTES -JANUARY 13, 2004 Motion by Council Member Peterson, second by Council Member Haugen, to set the workshop from 8:30 a.m. to 3:15 p.m.. Motioat earned unanimously. Motion by Counci] Member Haugen, second by Council Member Peterson, to approve consent agenda as presented except for item 5(b)1 and 5(c). Motion carried unanimously. fi. PUBLIC HEARINGS _ 6:D0 P.M. 7. COMMUNICATIONS, REOUESTS AND PETITIONS 8. UNFINISHEA BUSINESS (a) CONSIDERATION FOR APPROVAL FOR APPOINTMENT OF NEW HRA BOARD MEMBER PAT SPETHMAN (REPLACING, JOHN HOULE) There is a letter in the packet from The League of Minnesota Cities regarding the possible conflict of interest. Their opinion was that there was no conflict because "there does not appear to be any personal financial interests at stake". Council Member Arndt was concerned that "this is brining our circle of people that we need to work the whole city too closely together". There are many people in the community we can ask to serve on these commxltees rather than continually going to internal resources. Council Member Arndt would like to see more people involved and have the city more open so the residents feel like they are part of the city government. The Mayor and Council Member Peterson also understand and agree with tb~s, and would like to look more diligently outside for members for hoard openings. Council Member Haugen stated that, due to his background, Pat Spethman will contribute considerably to committee and due to the findings of Mr. Sebora his job and this position arc so different that they don't normally cross. Motion by Council Member Haugen, second by Council Member Peterson, to approve appointment of Pat Spethman to PIRA board. Motion earned with four ayes (Kay Peterson, Jtm Haugen, Casey Stotts, and Mayor Torgcrson) and one nay (Bill Arndt). (h) RESOLUTION NO. 12312 -CONSIDERATION FOR APPROVAI.OF CONDITIONAL USE PERMIT REQUESTED 13Y MILES ANT) LINDA MCMONAGLI;, PRDPERTY OWNERS, TO ALLOW RESTORATION OF THE MARQUEE, CANOPY, AND TOWER LOCATED ABOVE THE ROOF LINE ON THE STATE THEATRE, 35 WASHINGTON AVENUE EAST Mayor Torgerson commented that the memo was very complete in regard to the planning commission's response in that they felt the restoration should be as close to the historical intent of the theatre and that in thts case the conditional use permit was granted by the planning commission to have chasing lights in two locations. Julie Wischnack stated that the planning commission, at their last meeting, had questioned if chasing lights were in fact flashing fights as the code was not clear. Marc Sebora added tlrat the code was not clear on the chasing lights but there are provisions in the zoning ordinance/building code regarding signs in the downtown district area that allows them to be referred to the Downtown Review Committee. The Downtown Review Committee recommended allowing the chasing lights as long as they follow the two conditions that were outlined in the memo. Motion by Council Member Arndt, second by Council Member Haugen, to approve Resolution No. 12312, the conditional use permit requested by Miles and Linda McMonagle, property owners, to allow restoration of the marquee, canopy, and tower located above the roof line on the state theatre. Motion carried unanimously. 2 CITY COUNCIL MINUTES --JANUARY 13, 20x4 9. NEW BUSINF,SS (a) ODJ STMENT(OFIRST3READINGANDSETSOONDREA~7NGANDAODt7PTIC)NF(JR JANUARY27, 2004): • WATER • SEWER • REFUSE • STORM WATER Mr. Merrill discussed this ordinance and presented an overhead projection comparing the 2003 and 2004 rates. Water rates were increased m 2003 and wrll increase 5% m 2004 in anticipation of the construction of the new water plant. The sewer rates are based on a study that was commissioned by the city for waste water rates by the engineering firm employed by the city. This is the last year of that scheduled increase for sewer rates. The storm water tracks along with what John Rodeberg had been proposing, which is a 15% increase. The percentage sounds high but in the case of the single family, they gv from a $1.75 to $2.00. The other rates track on that. It is being driven mainly by needs of scheduled capita] improvements. When john Rodeberg originally proposed this and did a comparison to other communities with storm water systems, the City ofldutchmson is still among the lower half of cities. There was an error in the refuse rates for every other week standard service. It was $11-98 and is now $13.00, not $16.00. Everything else is as proposed. Mr. Plotz discussed a survey done of comparable cities to the City of Hutchinson. All communities in survey have only one cart picked-up. Most communrt~es have the 30 gallon and 60 gallon containers. Only about 8% have the 90 gallon container. Mr. Plotz focused in vn the 30 gallon container because that is where the city wants people to reduce the amount of refuse they are putting in their container by doing more source separation. Most people participate in the recycling program and receive a $2.00 credit. About 750 peopple (out of 3,600) participate in the backyard composting program and receive a credit of $1.OU. For those partic~patmg m both programs, the city's rate calculation is $14.30 for 30 gallon, The City of Hutchinson also offers a second 90 gallon cart for free to its citizens (unless they do not want rt). The City of Hutchinson has increased the capacity to the homeowner to source separate or to put their yard waste. The item that is not being charged off is the cost of processing material in the green cart. The Council requested that each segment he cost accounted. Through research, it was determined that the cost should he assigned to each of those entities. The budget now separates out the operating cost for collecting the City's green cart recycling (residential side) verses the material from outside city limas (business srde). Sy implementing the cost accounting, it enables the City to charge the residents the actual cost. Although, ff the business side were to eventually make a profit, the City could keep the residents' cost the same or even lower the rates. It is prudent to deal with cost accounting plus whatever increase could happen as the result of the re-bid so that if there is any rate increase, the City does not get hit twice. Mr. Plotz then presented an overhead that outlined the City is doing this program, which included: 1) it eliminates the need for bagged yard compost, 2) rt rs convemenl, 3) it removes organics from inside home and recycles them rather than going to landfill, 4) there is a 20% winter and 40% summer reduction m landfill waste, 5) the City is already meeting the 25% state wide goal of landfill reduction and is easily within reach of making a 50% goal, and 6) the program is taking what would have been landfill and making it into a valuable product. Mr. Plotz also clarified that the rate adjustment for the senior citizen every other week standard service is about an 8% increase. The rate for low income seniors is $2.50 and is a rock bottom charge. The rest of the rate structure helps to subsidize the low income seniors (a decision made by Council many years ago). 3 CITY CUUNCIL MTNUTF,S -.IAN1lARY 13, 2004 Mr. Merrill added that the City has not ad'ustcd rates since 2001 and in the mean time the contract with Waste Management has ha~ cost of living adjustments and the City has just been absorbing those costs. Also the landfill has had a rate increase of $1.00 per ton. Valerie Doering of 954 Steven Street S W asked that the increase of the senior citizen every other week standard service rate be clarified. The mayor clarified chat the price was printed in, the increase is only 8% not 39%. Council Member Stotts asked where the generated money was designated (general fund or Creekside~? Mr. Merrill explained that this is going into the enterprise fund and will cover all the costs incurred in the pick-up and costs associated with the pick-up as well as same generate some additional dollars to cover capital purchases that are beingg proposed for that fund. It is remaining in that fund as well as water and sewer, it will not be going anywhere else. Council Member Stotts asked if it was previously budgeted? Mr. Merrill explained this was part of the budget adopted by the Council for 2004. Motion by Council Member Peterson, second by Council Member Stotts, to approve first reading with change to senior citizen every other week standard to corrected amount of $13.00 and set second reading and adoption of Ordinance Nv. 04-366 for J anuary 27, 2004. Motion carried unanimously. (b) D~ CHARGE OFO SUMP PUMP ONS TO ORDINANCE REGARDING SEASQNAL John Olson explained that waste water ordinance and the storm water ordinance do not allow for special previsions regarding storm water, sump pumps, etc. Mr. Rodenbetg, in his memo, is asking that council make an exception to these ordinances for health and safety reasons until a better long term solution can a determined. There are some homes that have problems due to how a house is situated on a piece of property or the house is not in an area that is accessible to storm water drains. The homeowner would be required to contact the engineering department in writing to explain why a sump pump is needed m their home. The engineering department could then review and come up with ideas to address their problem (ho efully without dumping it into the waste water system). Most problems can be handled with connecting a sump pump to the waste water system. The penalty For putting in a sump pump without contacting the engineering department is $100 per month from last inspection. Council Member Peterson asked the City Attorney because this is not in the original ordinance, how this should be handled'? Mr. Sebora explained that the engineering dept is asking for an opportunity to individually make some decisions on enforcement as they already have power to do while they try to reconcile state and federal regulation and try make better plan for next fall. Council Member Arndt asked if there arc many sump pumps connected directly to the storm water system. Mr. Olson slated that there are and in the new projects there are actual connections to the property line. Motion by Council Member Arndt, second by Council Member Haugen, to approve the considerationofrevisionofordinanceregardingseasonaldischargeofsumppumps. Motion carried unanimously. (c) HOUTCHIN ONIOFOR PQUBLIC PURPOSE F ~~ ESTATE BY THE CITY OF john Olson presented an overhead map for the Council. In 2000 the City received a temporary permit to construct from Bullert a road. Overtime the City has had trouble connecting and have had divergent numbers to work with. Mr. Bullert's attorney has made an offer to settle at $27,500. The recommendation would be to accept that offer with the condition that the property owner would maintain the adjacent property (some of ii is currently being done by parks department). CITY COUNCIL MINUTES-JANUARY 13, 20114 The Erickson & Templin property is needed to finish this plat out to golf course road and to serve as development. Half of nght of away was platted when Huski addition was put in, in order to finish that the City needs that property. The funding for the Erickson & Templin acquisition comes from the bonding the new road going through. The funding for the Bullert property is from county acgrusrhon. Motion by Council Member Arndt, second by Council Member Peterson, to purchase real estate for public purpose. Motion carried unanimously. (d) CONSIDERATION OF RESOLUTION NO. 12335 AUTHORIZING PROFESSIONAL, AND TECHNICAL SERVICES CONTRACT WITH MIlVNESOTA DEPARTMENT OF TRANSPORTATION AND BOLTON & MENK john referred the Council to the resolution authorizing professional and technical contract with the Department of Transportation for the infrastructure improvements on highway 22 and 7 scheduled for 2006 and 2007. The state has retained Bolton & Menk of Mankato for professional and technical services on this project. There are several pieces of City infrastructure included in the project and the engineering contract is for that portion that belongs to the City. The contract is with the MnDOT and Bolton & Menk. The pricing the City received for the improvements was favorable. Mr. Rodeberg was directly involved in Consultant selection and determined that the process was fair and to our hest interest. The Mayor asked if Bolton & Menk would he involved with the infrastructure regarding the storm water, water sewer, etc`? Mr. Olson stated that they would be involved in that area as well. The Mayor rec(uested that, if possible, have the huff street intersection done before the Main street intersection. Mr. Olson will work with project manager regarding the routing of traffic during this time. Motion by Council Member Peterson, second by Council Member Stotts, to approve Resolution No. 12335 authorizing professional and technical services contract with Minnesota Department of Transportahon and Bolton & Menk. Motion carried unanimously. l0. MISCELLANEOUS (a) Cormcil Member Stotts meet with Steve Madson at Creekside. He had questions about the budget at Creekside. Council Member Stotts asked Mr. Madson to do a presentation to outline Creekside plans and costs sometime in March. (b) Council Member Stotts has had numerous questions regarding the planning, zoning, and building department. Council Member Stotts contacted the League of Minnesota Cities to get a questionnaire so a letter could be sent to individuals who have use the planning, zoning, and building department to find out what the problems are and to help rectify those problems. (c) Police Chief memo Mr. Plotz discussed the Police Chief memo from Brenda Ewing and the process to-date of the police chief process. Dave Erlandson is acting Police Chief The applications were due December 19, 2003 and Ms. Ewing is reviewing those applications. The recommendation of the City staff and the way the police commission rules stales the City Council selects the Police Chief. There is a provision rn the City Charter that says the City Administrator hires City department heads. Historically, these types of committees include one or two council members in the selection process. Bob Eowen (Police Civil Service Commission Chair), Marc Sebora (City Attorney), Mayor Torgerson, Council Member Casey Stotts, Gary Plotz (City Administrator), and Brenda Ewing (HR Director) will serve on the committee. Motion by Council Member Peterson, second by Council Member Haugen, to set this committee to begin process far hiring police chief. Motion carried unanimously. CTTY Cd UNCIL MINUTES -JANUARY 13, 2DU4 (d) Mr. Plotz rec(uested that the Council Members contact him about any topics they would like to have on Visionary Workshop agenda (for example: community survey). There will be a synopsis from each of the directors on their departzneni. There will be a facilitator to help guide the meeting and bring discussions to a close. (e) Consideration for out-of--state travel to see compost equipment Gary Plotz/Steve Madson discussed and showed a video regarding a compost machine that would debag yard waste. This machine sepagates upp to 2000 bags per hour from the yard waste inside. The machine is manufactured by Skarib Manufacturing. This machine would eliminate the plastic problems and it would increase the product quality by ensuring no plastic is left in the product. This would give the City the ability to do the contract yard waste at a significantly reduced rate. Currently, it costs 10 a yard (about $148,000) to so this work. This machine will cost around $225,00 and $250,000 so it will pay for itself in two years. This machine will not eliminate any of the existing equipment but it will make it so the compost site doesn't need io purchase more equipment. Council Member Stotts asked if it is possible to lease the equipment to see if it really works rather than buying it up front. Mr. Madsen said it was and that ri is possible and they are looking at that idea. Motion by Council Member Haugen, second by Council Member Stotts, to approve out-of- state travel to see compost equipment. Motion carved unanimously. (f) Consideration of Resolution No. 12334 clarifying improvements in Ravenwood West Ms. Wischnack explained that his resolution was to ensure that the assessments on the Ravenwood West lots would appear on the title so that whoever buys the lot(s) is aware of the assessments. Qriginally the contractor was going to pay for all the work (i.e. storm drains, etc) but decided not to later in the project. Council Member Arndt asked about the ditch that the contractor put in and Ms. Wischnack explained that the City is not satisfied with the grating on the project and is holding security on rt until the project ~s completed to the City's satisfaction. Motion by Council Member Arndt, second by Council Member Peterson, to approve Resolution No. 12334 clarifying improvements in Ravenwood West. Motion earned unanimously. (g) The Mayor had meeting with County Health Department. They would like to make a presentation to the City Council at the next meeting regarding no smoking issue for McLeod, Sibley, and Meeker. They will be contacting each of the Council Members with information on what they will be discussing. They may want a resolution at that time supporting the county commissioners in the possible no smoking ordinance for Mcleod, Schley, and Meeker. 11. CLAIMS APPRQPItiATION3 AND CONTRACT PAYMENTS Motion by Council Member Stotts, second Council Member Amdt to approve claims, appropriations, and contract payments. 12. ADJOURN With no further business, the meeting adjourned at 7:00 p.m. Hutchinson Housing & Redevelopment Authority . Regular Board Meeting -December 1 b, 2003 Minutes 1. CALL TO ORDER: Chairman Ian McDonald called the meeting to order. Members Present: Duane Hoversten, Thor Skeie, and Becky Felling. Staff Present: lean Ward, and Judy Flemming. 2. MINUTES OF HRA BOARD MEETING ON NOVEMBER 18, 2003 Duane Hoversten moved to approve the Minutes as written. Becky Felling seconded and the motion carried unanimously. FINANCIAL REPORTS Duane Hoversten suggested that the Board look at a new accountant and/or auditor. He felt that a company with more up to date software would be better. Thor Skeie moved to approve the Financials. Becky Felling seconded and the motion carried unanimously. Duane Hoversten moved to approve Resolution #03-1 S, Adding Ian McDonald, Bvard Chairmat as the Authorized Bank Signatory. Becky Felling seconded and the motion carried unanimously. 4. PARK TOWERS Jean Ward gave the Board an end of the year update on Park Towers. All the apartments are filled and have been for the past few months. There were 24 move-ins this past year, with a 95% average occupancy for the year due to the vacancies for apartment renovations. Jean also gave a breakdown of the ranges of incomes of the residents that live at Park Towers. REVIEW OF CRV PROCEDURAL GUIDELINES Jean Ward reviewed with the Board the process undertaken to establish the guidelines. Ian McDonald also reviewed the guidelines and gave his approval. Thor Skeie moved to approve the CRV Procedural Guidelines. Duarte Hoversten seconded and the motion carried unanimously. 6. SCHOOL CONSTRUCTION UPDATE Jean Ward reviewed with the Board her Memo that discussed potential lots for the school construction program and some financing ideas. She stressed how important it was to have lots secured for the next two years and how hard it is to fmd lots. Duane Hoversten moved to approve moving ahead on trying to purchase the lot at Rolling Meadows East and the bare lot on Hassan Street once there is a Memorandum of Understanding signed with the Hutchinson High School. Thor Skeie seconded and the motion carried unatimously. ]eon also informed the Board that the HRA received a $2200 donation from the I. J. Bunch .Foundation and will be receiving a $250 donation from Roger Steams for the School Construction Program. j (a~ I The Hutchinson High School invites the Board to an Open House at the house on Harmony Lane on December 23`d from llam - 2pm. 7. FRANKLIN-GROVE NEIGHBORHOOD PROJECT UPDATE Judy Flemming told the board that the contractors should be finishing two projects up this month and will have two to work on this winter plus the emergency furnace loan. The loan review committee recommended approving the Franklin-Grove Neighborhood SCDP Emergency Loan #8680-08. Becky Felling moved to approve the Franklin-Grove Neighborhood SCDP Emergency Loan #8680-08. Duane Hoversten seconded and the motion carried unanimously. 8. CONSIDERATION OF APPROVAL FAR 2004 HOUSING DEVELOMENT PLAN Becky Felling moved to approve the 2004 Housing Development Plan and recommends forwarding to the City Council for their approval. Thor Skeie seconded and the motion carried unanimously. 9, RECONIIV~NDATION FORNEW HRA BOARD MEMBER The consensus of the Board was to recommend to the City Council Patrick 5pethman for the new HRA Board Member position. 10. ADJOURNMENT There being no other business, Chairman Ian McDonald declared the meeting adjourned. Reco/r~ded by ]eon Ward, HRA Executive Duector Becky r MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 18, 2D03 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 Jim Haugen, Lynn Otteson, Mike Flaata, Robert Hantge and Chairman Kirchoff. Absent: Brandon Fraser and Farid Currimbhvy Also present: Julie Wischnack, AICP, Planning Director, Marc Sebora, City Attorney and Bonnie eaumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated October 21, 2003 Ms. Otteson moved to approve the minutes of October 21, 2003 as submitted. Seconded by Mr. Haugen. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF VACATION OF EASEMENTS IN ISLAND VIEW HEIGHTS 4T" ADDITION AND FINAL PLAT OF ISLAND VIEW HEIGHTS 67H ADDITION REQUESTED BY BILL GILK, SCENIC HOMES, PROPERTY OWNER Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7117 as published in the Hutchinson Leader on November 6, 2003. Ms. Wischnack commented on the request and explained the replat of Island View Heights ~m Addition to Island View Heights 6'" Addition. She stated the replat creates the need to vacate the previous drainage and utility easements and the replat will show new easements. This plat has been developed in phases. Scott Haag, 1085 West Shore Dr. SW, had questions regarding density. Ms. Wischnack stated the density will be decreased going from two family to single family housing. Ms. Wischnack commented on the following staff recommendations: 1. Securities must be in place prior to construction. 2. Change the setbacks in the PDD to 25' front and rear and 6' on the side (only for this replat area). 3. Services must be abandoned/capped. ScQ~a Minutes Planning Commission -November 18, 2003 Page 2 4. Subdivider's agreement must be executed prior to construction. (A 7% engineering fee will be required.) 5. No certificates of occupancy for homes will be considered until the utility improvements are complete and a base course of bituminous is constructed. 6. Tree escrow money of $7,360 is required. 7. Parkland contribution of $175.00 per unit will be charged with each building permit. 8. SAC/WAC charges and electric territpry charges will be collected with the building permit. Mr. Gilk, property owner, stated he does understand the conditions. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Hantge the hearing closed at 5:40 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Flaata discussion followed on the condition of the park in the development. Ms. Otteson stated she would like to see a ninth condition requiring grading and seeding of the park. Dolf Moon, Director of Parks and Recreation, explained the parkland contribution process. He stated there is an adoptive group waiting to take over the park. The city has not had the man power to work in this area. Ms. Otteson withdrew her suggestion. After discussion, the motion carried unanimously. Ms. Wischnack stated this item will be placed an the City Council agenda at their meeting held November 25, 2003 in the Council Chambers at 5:30 p. m. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CINEMA 1, LLP, PROPERTY DWNER, 7D EXPAND THE EXISTING FACILITY BY TWO SCREENS LOCATED IN THE I/C DISTRIGT AT 766 CENTURY AVE SW Chairman Kirchoff opened the hearing at 5:50 p.m. with the reading of publication #7118 as published in the Hutchinson Leader on November 6, 2003. Ms. Wischnack explained the proposed addition and the location. She stated this is the second phase as proposed when the building was constructed. Ms. Wischnack stated the parking requirement would be calculated by the use. In this case, the use most like movie theaters would be places of assembly which is a 1'4 ratic. This ratio would mean the theater would need 342 spaces. The property owner is asking to reduce the number of spaces to 314. There is a 30 year parking agreement with the McLeod County Fairgrounds to use the parking lot to the south of the theater. Ms. Wischnack stated the staff requested a study be conducted to determine the need. A study was provided and it appears the area will not be over parked. Ms. Wischnack commented on the stonnwater management in the area and it was determined by staff the drainage plan is appropriate. She then commented on the staff recommendations as follows: Minutes Planning Commission -- November 18, 2D03 Page 3 1. Boulevard trees were required as a condition of the previous conditional use permit. Consult with the City Forester regarding plans for added boulevard trees. This condition must be completed by May 31, 2004. 2. The issuance of this conditional use permit does not confirm that there may 6e a need for additional parking at some point in the future. If the City receives complaints and verifies the complaints, the City will hold an additional public hearing to determine the correct remedial action. 3. The conditional use permit is valid for a term of 6 months. The permit shall expire if the project has not commenced. Mr. Bryon Sieve, Cinemagic Theaters, explained the experience the company has had with city ordinances which typically over-park the developments. He explained the staggering of shows to relieve the parking strain. He stated the present parking is reasonable and the agreement does give the right to more parking. Discussion followed on the staggering of shows and the congestion when picking up persons from the shows. Mr. Sieve explained the typical length of a movie and the process they use to handle a Ienger show. He also stated there were boulevard trees. along the property at one time however they were removed with the construction of the path. Ms. Wischnack stated they should work with the City Forester in determining the appropriate species of trees for the area. Mr. Hantge asked to explain stadium seating. Mr. Sieve stated stadium seating provides for better viewing of the movie. He explained there will be less seats but there is a better view of the screen. Mr. Sieve stated the addition will not add much to the seating count. He also stated they will begin the project as soon as possible after receiving the Conditional Use Permit. Mr. Haugen made a motion to close the hearing. Seconded 6y Mr. Hantge. The hearing closed at 6:13 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen, discussion followed regarding recommendation number 2. Mr. Hantge had concerns with item 2 stating it doesn't seem to work to regulate after there is a problem. Ms. Wischnack gave some optiens of recommendations for the commission to consider. Atty. Sebora stated theaters are not defined for parking requirements and the commission could require the 342 spaces. After discussion, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held November 25, 2003 in the Council Chambers at 5:30 p. m. c) GONSIDERATION OF C<7NDITIUNAL. USE PERMIT REQUESTED BY HUTCHINSON COOP, PROPERTY OWNER, TO CONSTRUCT AN Minutes Planning Commission -November 18, 20D3 Page 4 OVERHEAD FERTILIZER BIN WITH FLOOD PLAIN ALTERATIONS IN THE I/C DISTRICT LOCATED AT 200 - 3R° AVE NW Chairman Kirchoff opened the hearing at 6:25 p.m. with the reading of publication #7119 as published in the Hutchinson Leader on November 6, 2003. Ms. Wischnack commented on the location of the request. She stated this is a complicated request because of the I/C District and the flood plain issues. She explained the request is for the construction of a 60 ton fertilizer bin. There is no foundatign. The structure is on legs. She stated the State Flood Plain person was contacted and the Department of Agriculture requires there be a paved area to provide a clean up area in case of a spill. Staff discussed concerns about placing a structure such as this in the area, staff understands the need for the use. The use was there for many years. Ms. Wischnack commented on the following staff recommendations: 1. The applicant must be aware that there will be pending landscaping and buffering improvements to the south of the property would be constructed by the City and that cost would be assessed back to the benefiting property owners. 2. That there be paved access to the newly constructed building constructed and an apron be reconstructed in and around the bin area. (The pavement would need to be completed by May 31, 2D04, because of weather constraints.) 3. Building code compliance must be discussed with the building official. (Issues of fire rating the existing building, office, may be necessary.) 4. The conditional use permit is valid for six months, unless an extension is requested or construction of the bin has commenced. Discussion followed on the stormwater ponding assessment at the time of the HWy 7 project. Stormwater may need to be treated. Mr. Hantge asked if all property owners along Hwy 7 will he assessed for stormwater retention ponding. Ms. Wischnack stated property benefiting from the ponding would be assessed. Statute 429 requires ynu assess at a rate that is going to increase the market value. She stated an assessment is anticipated. it is not accurate to say every property will be assessed. Mr. llantge asked why Cennex would be assessed since they are located far from the other properties discussed in earlier Conditional Use Permits. Ms. Wischnack stated a need for ponding with the Hwy 7 improvements for runoff from llwy 7 will he determined. Mr. Paul Barchenger, Hutch Co-op, stated the product to be stared in the bin is a dry product and spills are cleaned up immediately. He explained the liquid product is stored in a contained area. He commented on the color of the bin which will be forest green and the leg is stainless steel. Mr. Barchenger explained the facility is a holding bin for loading trucks. Minute§ Planning Cammisslon -November 18, 2D03 Page 5 Ms. Wischnack stated the facility is more efficient. She explained Screening Will be required and is attached to the Conditional Llse Permit. Mr. Barchenger asked if screening is required whether the project is completed or not. Ms. Wischnack stated screening is a requirement if the project is completed. Mr. 13archengcr questioned if they do not construct the project is screening required. Ms. Wischnack stated the City does want to do a screening project in the area and is nut sure of the timing. She explained grants will be written to supplement the funding and that process takes about a year. There is no exact date. Mr. Hantge asked will Cennex pay for it whether the project is constmcted or not. Ms. Wischnack stated she is not sure how it will work as far a payment for screening. She stated Dolf Moon and John Rodeberg would like to see some type of volunteering by the property owners to do the screening as it may be hard to show a benefit. Mr. 13archenger asked if she could give him an estimate of the cost. Ms. Wischnack stated the estimate for Ilutch Mfg, 800 ft, would be approximately $10,000. This property is 370 feet. Mr. Hantge asked if the trailers were parked on city property. Ms. Wisclmack stated the property is rail road property and owned by Hennepin County Parks. It is anticipated It will be owned by the City in the future. Cennex leases from Hennepin County. Discussion followed on the truck traffic in the park area. Thane was discussion on the placement of a stormwatcr retention pond. Ms. Wischnack stated MNDOT will provide runoff calculations in the future and at this time the city is not certain of the placement. Mr. plaata asked if Cennex has pomiission to park in that area and when sold to the City can they still park there. Ms. Wischnack stated we do not know since we don't have access to lease agreements. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen. The hearing closed at 6:45 p.m. Mr. Hantge made a motion to recommend approval of the request with staff recommendations with the addition of a fifth condition regarding stormwater management. Seconded by Mr. Haugen. The motion carried unanimously, Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held November 25, 2003 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF LOT SPLIT AND VARIANCE REQUESTED BY ROBERT BEELER, PROPERTY OWNER, OF PROPERTY LOCATED AT 903 HWY 15 SOUTH Ghairman Kirchoff opened the hearing at 6:48 p.m. with the reading of publication #7120 as published in the Hutchinson Leader on November 6, 2003. Ms. Wischnack explained the encroachment of property from the parking lot to the north. She commented on the setbacks of the primary and accessory buildings and the building code regulations that would becpme Minutes Planning Commission -November 18, 20D3 Page 6 effective should the property lines change. She stated the property owner would be willing to create an easement agreement and not split the lot. The property owner to the north is not in favor of an easement agreement and has been the driving force for the lot split. She explained at some point the lot was paved. Mr. Sjostrand indicated there was a repair done. There is no building permit on file approving the parking lot paving. Ms. Wischnack commented on the following staff analysis and recommendations' Adjusting a property line is never an easy task. The existing building locations and parking areas have complicated the property owner's titles to the property. The original encroachment happened many years ago, but yet continues to exist. The movement of the property line would cause two negative impacts to the 903 Highway 15 South property: 1. The new garage that was constructed in 2D02 would become non-conforming with respect to the required 6 foot setback. Any future additions would have to be allowed only by variance. 2. The new lot line near the building would cause a problem with the building code. The building code discusses a lot of complexities with respect to relationships between types of occupancy and proximity to the property line. There would need to be some costly building modifications made to Mr. 8eeler's northern wall and/or roof to properly fire rate the building to meet code. The theory is that the closer you allow a building to be placed to a property line, the closer proximity other buildings may be constructed in the future; thus creating more of a ire hazard. Staff recommends denial of the lot split and variance based on the findings set forth above. Mr. Hantge asked to step down and address the Commission as a neighboring property owner. He explained his concern with the apartment building par[cing issues and the stgrmwater runoff in the area. He stated the apartment owner paved the ]ot about a year and a half ago. Mr. Hantge explained they enlarged the size of the parking lot, did not address stormwater runoff and nothing has been done by the City. He would like an answer from the City on how this issue will be addressed. Ms. Wischnack stated unfortunately sometimes people do not apply for permits and we trod out after the fact. In this case, we did not witness what happened. I t is difficult to violate someone in that capacity. Normally you have to have betbre and after photos in order to prove there was a violation. The property owner did admit over the phone there was a repair. I'he City proposal was to double the fee for the violation which is common when people do not get a permit. Secondly, the stormwater management issue, there has not been a requirement for an existing structure such as an apartment complex for storm water retention. Mr. I lantge commented unless they change the parking lot. Ms. Wischnack explained we do not know how much pavement was added. There are no statistics on this. If they don't meet the numbers Cor impervious surface and the calculations of that as Mr. Hantge did in his case. Mr. Hantge stated the entire parking lot is new not a repair. Minutes Planning Commission -November 18, 2003 Page 7 Chairman Kirchoff commented if we do not know what was repaired or what was existing how would we make a ruling on what was there before. He does not question it probably is a new parking lot but if we don't receive a permit the only thing we can do is address it by doubling the tees. Mr. I lantge asked what to you do when they are closer to the property line than allowed. Are they required to remove it? What is the setback in this district? Ms. Baumetz stated G feet. Chairman Kirchoff asked what was existing and what was new. Ms. Wischnack stated that's the hard part we don't know. Mr. Plaata asked can it he checked out. Mr. Hantge asked ifwe are setting a precedent. What is a double fee as opposed to having to address the conccros. Ms. Wischnack stated she does understand the concern. Ms. Wischnack stated the other issue is there was no requirement for stormwater management and we don't know if he did a total repave for a fact. Mr. Hantge stated if you would go out and look you would see it is all brand new. Ms. Wischnack stated her opinion about what it looks like today and whether or nut it is new may not be valid. You need a before and after picture for proof. If his opinion is it was a repair, it is hard to determine ramifications for requiring a stormwater management plan. If he had come in for a driveway or parking lot repair permit, we would guess the answer is no. There was no building activity and no Conditional Use Pcmtit requirement. There was no indication there was over an acre of improvements in terns of what was occumng on site. 'that is the ullimate question of strrmwater management. Ms. Wischnack stated there is an existing use thee. Chairman Kirchoff stated we must stay on task which is the consideration of a lot split and variance. Ile asked Ms. Wischnack if this could be tabled. She stated it would be beyond the 60 day rule and cannot be tabled. Discussion followed on the possibility of waiving fees if this were denied and the property owner would reapply. Ms. Wischnack stated minus the publication fees. Butch Ilausladen commented to the parking lot issue asking if he does apply for a permit now will be have to qualify fur approval of the permit'? Atty. Sebum explained we work with the City Engineer and building Official to investigate a violation. Then it is given to the Police Department and possibly prosecuted. Ms Wischnack stated the permit will not automatically be approved. She commented on what would have happened had he come in for a permit. She: still does not believe there would have been a requirement for stormwater management. Mr. Hangte stated the entire neighborhood is low. I-Te was required to construct outlets to drain the neighborhood. It was known ahead of time there was a Minutes Planning Commisslon -November 18, 2003 Page 8 drainage problem in the neighborhood. Ms. Wischnack stated she is not saying that if asked the question would the parking lot cause a stormwater improvement the answer would definitely be no. Mr. Rodeberg obviously makes those decisions. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson. The hearing closed at 7:Oa p.m. Mr. Haugen made a motion to recommend denial of the request and if the applicant would reapply the fee would be waived the advertising cost only would be required. Seconded by Mr. Flaata. The motion carried with Mr. Hantge abstaining. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held November 25, 2003 in the Council Chambers at 5:30 p.m. e) CONSIDERATION QF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS FIRST ADDITION TO THE MEADOWS 5UMBITTED BY MCLEOD COUNTY, PROPERTY OWNER Chairman Kirchoff opened the hearing at 7:06 p.m. with the reading of publication #7121 as published in the Hutchinson Leader on November 6, 2003. Ms. Wischnack explained the ownership of the property dating back many years. She stated the deed from the Gounty to the City did not get filed at the time. As a result, the County is platting the property to deed to the City of Hutchinson. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Flaata. The hearing closed at 7:09 p.m. Ms. Otteson made a motion to recommend approval of the request. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held November 25, 2003 in the Council Chambers at 5:30 p.m. f) CONSIDERATION OF ADOPTING THE HIGHWAY 7 ACCESS MANAGEMENT ORDINANCE Chairman Kirchoff opened the hearing at 7'10 p.m. with the reading of publication #7122 as published in the Hutchinson Leader on November 6, 2003. Ms. Wischnack commented on the previous presentations to the Planning Commission by MNDOT. She explained the modification of access requirements and the process of applying for a variance. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 7'15 p.m. Ms. Otteson made a motion to recommend approval of the request. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held November 25, 20D3 in the Council Chambers at 5:30 p.m. Minutes Planning Commission -November 18, 2003 Page 9 4. NEW BUSINESS a) PRESENTATION BY DOLF MOON, DIRECTOR OF PARKS AND RECREATION, REGARDING PARKLAND DEDICATION VERSUS PARKLAND CONTRIBUTION Mr. Moon gave the Planning Commissioners insight on the issues the City has with parkland dedication in new plats. He commented on the inventory of park history and employee history. He stated there is a growing demand for parks and maintenance with less staff. b) DISCUSSION OF NUISANCE ORDINANCE Item was tabled to the December meeting. 5. OLD BUSINESS None 6. COMMUNICATION FROM STAFF a) DISCUSSION OF TOUR AND MEETING WITH CITY COUNCIL The Planning Commission will discuss a joint meeting with the City Council to be held in January. This meeting will include a tour of the City. 7. ADJOURNMENT There being no further the meeting adjourned at 5:00 p.m. MINUTES HUTCHINSON PLANNINt"n COMMISSION Tuesday, becember 16, 2003 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: None Also present: Julie Wischnack, AICP, Planning Director, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated November 18, 2003 Mr. Hantge questioned the wording in two areas of the minutes. Ms. Baumetz will listen to the taped minutes and make the changes. Mr. Hantge moved to defer the action on the minutes until the next meeting to provide time to review the revised minutes. Seconded by Mr. Flaata. The motion carried. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY OUR SAVIOR'S LUTHERAN CHURCH TD CHANGE USE OF EXISTING PARSONAGE TO A CHURCH OPERATED CHILD CARE FACILITY LOCATED AT 810 BLUFF ST NE Ms. Wischnack stated the applicant would request to delay action on the submittal. She explained there are some building code related concerns. The church will review the concerns which include accessibility and fire code. Mr. Haugen moved to table the hearing to the January 20, 2004 meeting. Seconded by Ms. Otteson. The motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RED MGMONAGLE TO RESTORE THE STATE THEATER SIGN TQ ORIGINAL LOOK PROJECTING ABOVE THE RODF LOCATED AT 35 WASHINGTON AVE Chairman Kirchoff opened the hearing at 5:44 p.m. with the reading of publication #7129 as published in the Hutchinson Leader on December 4, 2D03. r~ L 51a~ 3 Minutes Planning Commission - December 16, 2003 Page 2 Ms. Wischnack commented on the request and stated the restored tower will not be as tall as the original. There were pictures presented of the theater in the past, present and future. Ms. Wischnack stated the marquee will project over the right of way and must be at least S feet from the sidewalk. The ticket booth proposed to protrude into the right of way will require a franchise agreement with the city. Ms. Wischnack commented on the following staff recommendations: 1. Any encroachment into the right of way at grade level must be reviewed through the franchise process. 2. The marquee and design of the signage must follow the drawings submitted with the application dated 11 /1 x/03. 3. The projection shall be reviewed for building code compliance to ensure safety of the structure. Discussion followed on flashing lights on the signs. Flashing lights are prohibited in the City. Mr_ Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 5:50 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendaticns and the addition of a fourth recommendation stating "no flashing lights are allowed on the building or marquee". Seconded by Mr. Flaata. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Gouncil agenda at their meeting held December 23, 2003 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) DISCUSSION OF NOTICE FROM HENNEPIN COUNTY REGIONAt_ RAIL AUTHORITY REGARDING EXEMPT ABANDONMENT IN MCLEOD, CARVER AND HENNEPIN COUNTIES John Rodeberg, Director of Engineering, commented on tbhe abandonment of the rail road line. He explained the line was purchased by Hennepin County. He commented on the notice of abandonment and the letter from Atty. McGraw. He stated the motion should include verbage from Atty. McGraw's letter 'to preserve as a future transportation corridor". Mr. Rodeberg stated the removal of the tracks will be clarified. He explained the McLeod County Rail Authority will own the main corridor and the City will own the industrial area portion. Mr. Hantge made a motion to approve the abandonment which is consistent with our plans to have the corridor preserved as a future transportation corridor. Seconded by Mr. Fraser. The motion carried unanimously. This item will be placed an the City Council agenda for their December 23, 2003, meeting at 5:30 p.m. Minutes Planning Commission - December 16, 2003 Page 3 b) DISCUSSION OF NUISANCE ORDINANCE Ms. Wischnack explained the City is in the process of codifying the City Code. One of the sections deals with nuisances. She stated there are three categories as follows: Health, Morals and Decency and Peace and Safety. She explained the enforcement team was created to communicate between departments in a more cohesive manner. Ms. Wischnack pointed out the top nuisances as dogs, odor, weeds, junk, property line disputes, noise, rental property and drainage. The section of abating the enforcement was discussed. It was the consensus of the planning commissioners the property owners should have the opportunity to gv to the City Council. Ms. Wischnack stated she will rewrite the ordinance for review next month. Atty. Sebora stated there should be a definition of public nuisance and define considerable number of the public. c) EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY MENARDS Ms. Wischnack commented on a request by Menards to extend their Conditional Use Permit tv February, 2005. She reminded the Planning Commissioners of the original request far and new entrance and a pole type storage area on the south side of the lot. She stated the staff has no concerns with the extension. Mr. Hantge made a motion to recommend approval of the request. Seconded by Mr. Currimbhcy. The motion carried unanimously. Noting Ms. Otteson was not present. d) DISCUSSION OF LETTER FROM ORLIN HENKE REGARDING NEIGHBORING SNOW FENCE Ms. Wischnack commented on the letter from Mr. Henke, 410 School Rd N. She explained the steps taken by staff regarding the snow fence put up 6y the property owners at 400 School Rd. N. It was the consensus of the Planning Commission to forward the item to the City Council for their decision on the matter. 5. OLD BUSINESS fi. COMMUNICATION FROM STAFF a) Tour and Joint Meeting with City Council - ??Wednesday, January 28, 2004 - 3:30 p.m. to 6:D0 p.m. ?? Ms. Wischnack stated the meeting will be public noticed. She asked the Commissioners to call with ideas for the tour. The agenda will be in the January 20 packet. Minutes Planning Commission - December 1fi, 20D3 Page 4 ADJOURNMENT There being no further the meeting adjourned at 6:45 p.m. 2003' ~ _ CITY OF HUTC HINSON FINA! _ Iberlber Prey 2002 2003 2003 VUE REPORT -GENERAL oace ---- mdar Prctlmlaary ..mn.. Pmumm.ry YEAR TO MONTH MONTH ATE ACTUAL. ~ i _. 1,401,924.30 1,325,715.02 2,704,736.50 _ SES~ 2,034,00 1,472.00 47,477.79 __ ITS AND FEET 35,772.41 9.348. 90 400,542,64 GOVERNMEN7ALREVENUE ___ 180,770.72 _ 1,137,59952 2,658871.94 3ES FOR SERVICES 452,167.80 83,676.11 7,035,538.04 8 FDRPEITS _ __ _ _ 9,423.57 8,098.31 65,651.52 I . _ I ... .. .__ O.OD -96.31 _-725.37 MENTS ____ 114,538.47 82,901.96 706,856.36 351,790.00 377255.12 7,096,888.88 315,138.00 1,405,000.00 'S -BLDG P ERMITS 1,403.42 - _ -2.0_65.92 439.02 a.Do _ ~ _ ~~ ~- ~ 0.00 - 187,666.00 70TAL ~I 2,948,984~90I 3,008,562.77 8,393,41246 8,824,098.00 2003 __ CITY DF FiUTCHINSDN FINANCIAL REPORT December Prellminarv 2002 2003 ~ 2003 2003 EXPENSE REPORT - GENE_HAL December PYBllminary ccrmm.rni~mi°.ry YEAR TO REVISED ~.~ MONTH MONTH ATE ACTUAL BUDGET I I _ 001 MAYOR & CITY COUNCIL 3770.31 _ _ 2,774.81 52,503.31 OD2 CITY ADMINISTRATOR 23679.59 28,599.24 230,880.42 - 2 -. 003 ELECTIONS 60.23 2,251.53 8,877,80 _ 004 FINANCE DEPARTMENT 46737.03 40,657.36 378,262.70 4 005 MOTOR VEHICLE 23743.44 19 ,483.54 183,297.06 1 _ _ 006 ASSESSING __ 38,471.00 41,000.00 2,529_00 007 LEGAL 12137.16 10,373.33 122,282.64 112,884.00 8,426.64 OOB PLANNING 148172 15,466.21 151,761.14 146,793.00 4 9~, 68.14 009 INFORMATION S ERVICES _ 20751.32 12,667.46 701,753.45 165,530.00 63,776_55 110 POLICE DEPARTMENT ~ 354058.67 288,047.88 _ 2,440,400.07 2,358,595.00 (81,805.07 ~ 3475.13 115 EMERGENCY MANAGEMENT '~, 18.53 3,745.01 18,000AO i 14,254_99 __ 120 FIRE DEPARTMENT ~~~~~ sss7B.9B 26,719.78 338,876.3$ 330,285.00 (8,59138 130 PROTECTIVE INSPECTIONS _ _ 17895.86 150 ENGINEERING 5azaz.et _ 18,415.19 82,$54.18 __ 180 389.32 507,183.05 177,628.00 _ (2,761.32 488,848.00 (18,315.05 _ 152 STREETS & ALLEYS 90683.39 75,051.50 840,334.82 842,431.00 2,096.78 160 CITY HALL BUILDING s5ets,a5 201 PARK/RECREATIDNADMINISTR zozss.zz __ 13,925.45 16,120.83 _ 149,600,90 766,410.30 154,206.00 178,880.00 _ 4,607.10 13,469.70 -- --- 202 RECREATION 15318.63 8,496.62 _ 204,427,42 _221,651.00_ 17,229.58 203 SENIOR CITIZEN CENTER ttsze.3a _ 3,$24.72 80,026.24 68,848.00 (10,178_24 _ ~ 204 CIVIC ARENA ss36a.ee 42,104.65 279,x68.15 __270,736.00 _(9,132.15 _ _ _ _ 205 PARK DEPARTMENT eo566.05 _ 69,028.32 749,271.56 721,349.00 27,922.56 206 RECREATION BUIL D ING 8 POOL 156221 74,678.23 84,402.25 118,428_00 34,025.75 _ _ 207 EVENTS CENTER _ 26e57,06 _ _11,586.45 156 782.47 ~ 167,891.00 _ 11,108.53 208 EVERGREEN BUILDING 1,337 80 8,800.85 23,970.00 15,189.35 250 LIBRARY zaee.a~ 77.03 132,084.74 .... 138,409.00 _ 7,324_86 .. _.. _ i -___._. 301 CEMETERY . __ ._ 26678.15' _254.47 _ 121,766.66 115157.00 6,609.86 310 DEBT SERVICE r _ _ _ --- ts2o4a,a4~~ 139,553.75 161,048.79 761,049.00 0.27 320 AIRPORT 95ze55 7,727.98 771,148.58 74,431.00 (36,71.7.58 _ 350 UNALLOCATED G ENERAL EXPE __ 51829.46 102,069.96 622,085.38 _ ,,,,,764000.00 141,914.82 _ TOTAL ~~ 1 205 910.33 ~ 1 0$3 167.80 8 606 725.66 8,758 769.00 152,043.34 58 2003 unary TAGE USED 209. 113. 21. 119. 78. o. 0. 107.55% 103.75°k 99.75% 97.01 °k 92.51 % 92.23°k 114.57° 36. 1 BALANCE E EMAINING '68,295.50 (8,777.79) -- 2003 5 L a~ y 2003 __ 703.01 CITY GF HUTC ~~ WINSON FINAN ~~~ CIAL REPORT __ , ___ . ember Preliminary D 2002 2003 2003 2003 _ ec REVENUE REPORT - G - ~~-~~ E_NERPmecemher Prellminary I~ MONTH r Preliminary _ MONTH _ YEAR T4, ATEACTUAL~ _ REVISED BUf]GET BALANCE REMAINING ERCENTAGE -- USED TAXES _ 401 924 30 1 325 715 02 1 2,704,738.50 2,973032.00 _ 288295.50 _ .90.98°/a LICENSES ~~ PERMITS AND FEES INTERGOVERNMENTA .. CHARGES FOR SERVI FINES & FORFEITS , . , __~- _ ~- 2,034.00 35,772.41 LREVE_NUE 180,77!1.72 -- --~ GES 452,167.80 9,423.57 , : , ___ 1,472.0 9348.90 - -- 1,137,599.52 _ 93.676.11 6,098.31 _ 47,477.79 400,542.64 .. 2,658,871.94 1,035,538,04 65,851.52 38,700.00 181,bD0.00 .. ... 2,343,963.00 1.369,599.00 88,000.00 _ (8,777.78 (209,542.84 (314908.94 .. ~ 334,060.96 '~ _ .2,348.48_ 122.88% 209.71% 113.43% 75.61% 96,55% SALES 0.00 _ -96.31 725.37 0.00 725.37 _ 0.00% EST ___ 899 69 46 _ _ 122.56 _ 6,736.38 32,000.00 , 25,263.62 21.05°k INTER REIMBURSEMENTS_ RANSFERS _ __ . , _ 114,539.47 706 856 38 82,901.96 790.00 351 377,255.12 1,096,886.88 _ 315,138.00 ~ 05,000.00 1,4 (62,117.12) 308,111.12 .119.71% 78.07°k T SURCHARGES -BLDG PERMITS , . 403.42) (1 , _ (2,065.92) 439.02 . 0.00 (439:02 O.DD% Fund Balance _ ~ , _ 0.00 2 948 984 80 0.00 3 008 582 17 .._ O.bO 412.46 393 8 187,666.00 8,924,098.Ob 187,666.00 530,685.54 O,Ob°/ _ 94.05° TOTAL , . , , . , , .. .. ~~ l G t .. -- 511 93 181 188.93 144 417,700.42 - -~ 1 1,515,183A0 - ~-~ 97,482.58 ~ 9 . ° ~~ _ ov . Genera f _ . , 411 208 65 , 37 343 202 , __ _ 2884,508.00 2.78) 102.74°k .. . ety Public Sa Streets & Alle s ~ __ _ , . . , i 1,331,279.00 ~~ _. , X16,218.87) 101.22% & Recreation k P 4 3.84 1 319,00 2' 44,485.16 _ 97.81% _ ar s _ Miscellaneous ~ ,I 61,456.0 __ ~ ~ 205,910.33 TOTAL ~ 1 249,359.69 1,083,167.80 _ 89428 8,808,725.66 480.00 998, 8.758,769.00 ~ 105,197.25 152,b43.34 89.47% 98.28% , • 23-Jan-04 Institution escri lion nterest Rate CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT December 31, 20113 Date Dale Of Of Purchase Maturit mount US BANK Money Market 1.43% 10!31/2002 11!512002 386,446.76 Smith Barney FHLB C 5.00% 7/18!2002 7!30/2009 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 x.375% 9/19/2001 4!11/2005 750,000.00 Smith Barney FHLB C 4.180°k 8/2512001 4/19/2005 270,000.00 Prudential pool 336914 7.226% 12 31 96 02 01 2026 11,682.40 Expected life 6.2 yea rs Smith Barney FHLM -C 4.650% 11/21/2001 5/21!2007 300,375.00 Prudentail pool 336399 7.270% 12 31 98 02 01 2026 10,331.27 Expected life 4.1 yea rs Prudential Money Market varies 1!2/2002 Open 51,687.00 Prudential FHLB 3.0°k step 7/16/2003 7/16/2013 200,000.00 Prudential FHLB 5.00% 5!2212003 5/22/2013 300,000.00 Prudential FHLB 4.00% 6!1212003 6/12/2013 300,000.00 Prudential FHLB 1.190°/ 8!26!2003 06126!13 400,000.00 • 0 Wachovia FHLB 3.000% 12/29/2003 12!29!2008 .00 125,00 step up Wachovia FHLB 3.000% 11/20!2003 11/20/2008 300,375.00 step up C B & T 1.500°~ 12/30/03 04115!04 500,000.00 Citizens Bank 1.800°.5 .02!14!03 2!16/2004 200.000.00 First Minnesota 1.650% 08/01/03 08/02/04 400,000.00 Wells Fargo 1.350% 08/14/03 08!17!04 750,000.00 First Minnesota 1.400% 10/16/03 04!16/04 750,000.00 First(ederal 1.800% 04/10/03 04/15104 750,000.00 First Minnesota 1.560% 11/14/04 11/15/04 754,818.50 $8,110, 715.93 J 5 ia~ .~ L Ci of Hutchinson _ _ Income reports -Water Sewer _ 12131!2003 PRELIMINARY_ i _ Prior Priar' _ ; _ _ _ _ Annual Curren[ Year To Budget Percent ~ Year Year To P_e_rcent _ ~ Bu et. NEonth _ _D_at_e' Remainin - -- --Used Bud et - - -Date Used 446 WATER • _ , _4001 REVENUES _ - 4250 TOTAL CHARG_ES_FOR SERVICES -11,000.00 -2,300.00 -1fi,256.49' -27,256.49 147.79 0.00 -12,850.69 0.00 4450 TOTAL SALES -1,227,000.00 ~ -90,110 .87 -t,344,97620 -2,571,976.20 . 10 9.62 j 0.00 -1,182,2 02.93 0.00 4620 TOTAL INTEREST ON INVESTMENTS _ ~D,000.00~ 0.00 0.00 -40,ODDAO . j O.OO j ~ O.OD _ _ _ 0.00. 0.00 _ __ 4700 TOTAL REIMBURSEMENTS 4001 REVENUES _ _ _ _ _ _ O.DO, -3,843.06 -1,278,000.001 -96,253.93 -7,063.37 -7,063.3737 -1,368,296.06 90,296.06 _ 000 ~ 0.00 , 107.07! 0.00 -2,278.43 D.DO -1,197,332.05 0.00 6001 EXPENDITURES ~ , ! --- -- ~ - 610.5 TOTAL SALARIES & FRINGE BENER ~ I 320,521.00. 30,489.26 296,896.15 23,624.85 92.63°/° 294,196.00 2 84 972.49 96.Sfi% _ _ _ 6200 70TAL SUPPLIES, REPAIRS & MAIN 92,250.00 _ _ 9,460.63 72,240.14 20,009.86 78.3196 __ . , 96,000.00 72,733.06 75.76°~ 6300 TOTAL CONSULTING _ _219,5W.00 _ 9,559.75 192,800.50 _ 26,699.50 _ 87.84% 165,000.00 53,978.69 32.71% 6306 TOTAL OTHER SERVICES 8 CHARGES 203,800.00 15,470.72 176,638.14 _ _ 27,161.86 86.fi7%i 1 81,280.00 168,fi83.79 93.05% 6600 70TAL DE8T SERVICE ~ ~ 14,745.00 1,228.75 14,745.00 -292.19 1 100.00%' _ . 16,705.00 16,705.00 100.00% _ 6700 TOTAL TRANSFERS OUT 55,000.00 OAO ~ 55,000.00 0.00 . 100.00% _ 53,000.00. 53,000.00 100.00% fi900 TOTAL MIS_CELL_A_N__E_O_U_S__ _ _ __~_ _ !___ _ 12,950.00 _ _ _ 6,034.85 _ 7,360.85 5,589.15 56.84% __ 12,450.00 279,995.95 1767.04% 6905 DEPRECATION 235,000.00 19,583.33; 235,000.00 0.00 100.00% 710,000.00: 220,000.00 100.00% 6001 EXPENOITURES 1,153,766.00 91,827.31 ~ 1,050,680.78 102,793.03 ! 0.93 1,038,631.00 1,089,168.98 NET INCOME LOSS} 4,426.62 317,615.26 i ! 108,163.07 ___ 1 - - -__- --__. Hon income statement bud et _ 7000 TOTAL CAPITAL OUTLAYS 332,250.00 18,965.00 22,683.04: 309,566.9fi 0.07 ~-' --- 543,700.00 0.00 ! V . t~ v n u 12f3112U03 PRELIMIfVARY Prior Prior' _ Annual _C_urrent Year 7a. Budget _ ' Budget ~ __ Month _Date_ Remaining; __ -- -__ _ Percent . _ _ Used _ Year Budge! Year To Percent Date' Used - -_ 1 40l WASTEWATER 4000 REVENUE R EXPENSES ' _4001 REVENUES 0.00 0.00 -1,024.17, -1,024.17 0.00 4250 TOTAL CHARGES FOR SERVICES O.D9 -1,705.00 -5,526.98 -5,526.98 0.00 ~ 0.90. -i 0,555.691 f 4450 TOTAL SALES -2,626,500.90 -18 2.3.30 9,9 _-2,_441,5.08.81 -5,068,008.61 92.96 _ _ _ _ 2,502,000.00 -2,552,052.12 -102.00% 4520 TOTAL INTEREST ON INVESTMENTS ~ _ __ --44000.90 . _ . 0.00 _ 0.00 -40,000.00: 0.00 1 0.00 0.00 470(1 TOTAL REIMBURSEMENTS D.DO -6,140.00 -7,523.25•_ -7,523.25 0.00 _ __ _ 0.00 -6,576.83 _ 4001 REVENUES -2,566,500.00 -197,768.39 -2,455,583.27-5,122,063.21 92.09 2,502,000.OOj -2,569,184.64 -102.69°°/0 i 6001 E7(PENOITURES 6105 TOTAL SALARIES & FR]NGE BENEFI 493,348.00 52,811.46 385,342.71 106,005.29 78.51' S0G,819.DDi 422,468.80 83.36% 6200 TOTAL SUPPLIES, REPAIRS 8 MAIN 173,500.00 9,017.191 _ 15_4,453.43 19,046.57 89.02 J _ _~ 169,300.001_ __ 176,246.331 194.10°/0 6300 TOTAL CONSULTING 362,100.00 9,92526 136,611.12 224,088.68, 36.22 171,000.90 363,236.22 212.42% 6306 TOTAL OTHER SERVICES 8 CHARGES 425,220.00 _ 56,670.86 441.312.97 -16,092.97' 103.78 422,615.00 395,987.59 93.7095 _ 299,243.00' -46,471.00 100.03 6.92 fi600 TOTAL DEBT SERVICE 162,772.00 17,43 209,243.00 162,772.00 77.79% 6700 TOTAL TRANSFERS OUT 55,000.00 . _ 0.00 55,000.00 O.OQ i 100.00 53,000.00 53,t 15.75 100.72% 6900 TOTAL MISCELLANEOUS 43,6D0.00 ~ 11,469.52 32,130.48 69.93 1.54; 23,600.00 28,615.22 12L25°~ _ 6905 DEPRECATION 700,900.00 _ 54000.00' 720,000.00 -20,000.00 _ _ 700,000.00 _ 700,000.00 100.00% _ 6001 EXPENDITURES _ 2,416,140.00 _ 205,931.62 2,515,432.75 300,707.25 2,255,577.00 2,302,441.92__ 10_2.08% _ _ _ __ NET INCOME {LOSS] [8,153 32) 340,150.46 4,821,375.96 266,742.72 _ Non income statement bud e! i ' ' _ 603,23726 7000 TOTAL CAPITAL OUTLAYS 1,618,900.00 50,013.59 1,015,662.74 37.26 1,930,740.00 D.DD 0.00 Ordinance Na. 04-366 Publication No. 7142 • AN ORDINANCE. SETTING CHARGES FOR WATER, SEWER, GARBAGE COLLECTION, ANll STORM WATER UTILITY WHEREAS, the City of Hutchinson is empowered by previously passed ordinances to impose charges for providing water, sewer, garbage collection, and storm water utility services, and, WHEREAS, based neon the recommendation of costs far providing the services For various city departments, r~ LJ NOW, THEREFORE,, BE IT ORDAINED BY THE CITY COL7NCLI.OF THF, CITY OF HL7TCHINSON, THAT THE FOLLOWING UTII,LTY RATES ARE HEREBY ADOPTED 'ii ""1Ygfer' f Base Char a Per Water Meter $.5.25 Usage (Residential / To 150,000 Gallons Per Month $1.79 Retail, Commercial, 151,001 to 3,000 DOD Gallons Per Month $1.03 Industriud) Over 3,000,000 Gallons Per Month $0.74 Base Char a Per Connection $3.00 Usa a Base U on December/Ianu Water Usa e $330 Load Char es: BOD Over 200 $0.43/lb TKDN Over 45 $1.88/lb 5 Solids Over 300 $0.32/Ib i i~, ~ ~Stotrrit'WateY.I:~a, ~, '~~ Class Units 2004 Rabe 1.00 Golf Course Park O cn S ace Per Acre/Per Month $ 2.59 2.00 Sin le-Fatrril and Du lcx Residential Per Acre/Per Month $ 2.00 3.00 Public and Private Schno] and institution Per Acrc/Per Month $ ID.07 4.00 Multi le Famil Residential and Church Per Acre/Pet Month $ 14.28 5.00 Commercial Industrial Pcr Acre/Per Month $ 25.50 Sin le Famil and Du lex Residential Lots Over One Acre 2A 1 Acre to 2 Acres $ 3.45 2B 2 Acres to 3 Acres $ 6.04 ___~.._ 2C ~ 3 Acres to 4 Acres $ 8.63 2D ~ 4 Acres to 5 Acres $ 11.21 2E re erence resolution 1!637 5 Acres + ~ ~ ~ ~' TdX X9.75% on chat 'es for htbti a ex 'l' s~ ,C ~4~fi ~ '~ 30 Gallen C ntainer Ratc 60 Gallon Container Rate 90 Gallon Container Rate Standard Service Month! Rate $ 17.30 $ 24.18 $ 33,D6 With Weekl Valet Service $ 24.60 $ 31.48 $ 40.3G Senior Citizens Rate: Ever Other Week Standard Service $ 13.00 Every Other Week Valet Service With income uali :cation $ 18.96 Senior Citizen Reduced Rate $ 2.50 Senior Citizen Reduced Rate with Valet $ 9.80 Senior Citizen Reduced Rate with Bi Weekl Valet $ 6.15 Adopted by the City Council this 27"' day of Ianuary, 2004. . Attest: Gary D. Plntz, City Adnvnistrator Marlin'1'orgerson, Mayor j(.b~ ~ RESOLUTION NO. 12337 RESOLiITiON AYPROVINC; A LOT SYL1T SU13MiTTED BY MARK SCHiERMAN, PROPERTY DWNER, TO SPLl'I' A T.OT LOCATEll AT 102U GOLF COURSE ROAll NW BL' IT RESOi,V ED BY THE CITY COCJNCIL OF THE CITY OF HUTCHINSON, MN: F1ND1N05 I . Mark Schicrman, property owner, has applied fur a lot split to split the lot located at 1020 Golf Course Road NW into two lots TOTAL LIOAL UFSCRLP'fION: That part of the North Half of the Northwest Quarter of Section 36; Township 117 North, Range 30 West, McLeod County, Minnesota, described as follows, to-wit: Commencing at the northeast comer of said Northwest Quarter; thence W csterly along the North line of said Northwest Quarter a distance of 1319.22 feet to the point ofbeginning ofthe parcel herean described; thence Soudrerly deflecting 88 degrees 07 minutes left a dtstance of 279.G5 feet; thence F..asterly parallel with said North line, a distance of 805. ].9 feet to the centerline of County Highway No. 12; thence Northerly along said centerline a distance of 282.74 feet to said North line; thence Westerly along said North line a distance of 753.30 feet to the point of hcginning. DFSCRLPTTON FOR NORTHERLY PARCEL: That part o f the North llalf of the Northwest Quarter of Section 36, 'township 117 North, Range 30 West, . McLeod County, Mitmesota, described as follows: Commencing at the northeast corner of said Northwest Quarter; thence westerly, along the north lint of said Northwest Quarter 1319.22 feet to the point of begtnnmg of the land to be described; thence southerly, deflecting to the left 88 degrees 07 minutes 139.83 feet; thence easterly, pparallel with said north line 779.28 feel to the centerhne of Golf Course Road (1'ornrerly County Highway No. 12); thence northerly along said centerline 141.38 feet to said north line; thence westerly, along satd north line a distance of 753.30 feet to the point of begimning. DESCRIPTION FOR SOUTHERLY PARCEL: That part of the North Half of the Northwest Quarter of Section 3G, Township 117 North, Range 30 West, McLeod Ceunty, Minnesota, described as follows: Commencing at the northeast corner of said Northwest Quarter; thence westerly, along the north line oCsaid Northwest Quarter 1319.22 feet; thence southerly, deflecting to the leR 88 degrees 07 minutes 139.83 feet to the point ofbeginning of the land to be described; thence continuing southerly, along the last described course 139.82 feet; thence easterly, parallel with said north lint 805.19 tcct to the centerhne of GolfCourse Road (formerly County llighway No. 12); thence northerly along said centerline 141.38 feet to the intcrsectu>n with a lint parallel with said north line, measured from the point ofbeginning; thence westerly, along said parallel line 779.28 feet to the point ofbeginning. 2. The City Council has considered the recomtnendatien of the Ylatming Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anttctpated traffic conditions, and the effect on values ofproperttes m the surrounding area and the effect of tlae 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 Comprehenstve Plan, if the conditions, as outlined below arc met. 5C~)a Resolution No. 12337 Lot Split Mark $chierman -1020 Golf Course Rd NW Page 2 CONCI,1lSION The City Council hereby approves the lot split with the following conditions: 1. 'fhe applicant would be required to pay sewer and water access tees and park dedication fees at the time of building. 2. Anew home must be built on the northern lot within one year of this approval, or the detached accessory building must be removed. 3. 'fhe applicant is required to file all appropriate deeds to reflect the lot division. Adopted by the City Council this 27`" day of January, 2004 ATTEST: Gary A. Plotz City Administrator Marlin P. Tnrgcrson Mayer ~ 1 C n Hutchinson Cit Center 111 Hassan Street SE Hutchinson, MN 5535D-2522 3211-587-S15Y/N'sx 320.230.d240 MEMDRANDUM DATE: Ianuary 22, 2004 TO: Hutchinson City Council FROM: Hutchinson Planning Commission 5tISJECT: CONSIDRRATIDN OP LOT SPLIT AS SUBMITTED BY MARK SCHIERMAN 'f0 SPLIT A i.D'1' LOCATED AT 1020 GOLF COl1RSL~ RAOD NW Pursuant to Section 1220, of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its £mdings of fact and recommendation with respect to the aforementioned request for a lot split. HISTORY The applicant is requesting a lot split to create two lots each approximately 141.38' by 780'. The lot split is uncomplicated, in that the lots are the minimum required widths, lot sine, depth, etc. are met. The only approval the applicant is requesting is the Im split. However, the lots are so long and narrow that staff has a number of development considerations, the applicant should be aware of: 1. The applicant must apply far a variance from the driveway setback requirement of 5 feet, when the owners are ready to proceed. The application must also include a driveway maintenance document and easement. The driveway must allow for £tre access nun around space. 2. The water and sewer connections must be designed by an engineer. The lines will be required to be G inches for water and 8 inches for sewer. The engineer will review the proper location and ensure elevations will service the new homes. The sewer and water lines must also be located within an easement between the two homes. The documents must address maintenance issues. 3. The foxestez has reviewed the site and believes the driveway location, if placed in the center of the lot, will maintain substantial trees on the site. 4. Fire protection for the homes is a concern. Hydrants arc located too far from the new home locations. Sprinkling in the homes or an additional fire hydrant would be possible requirements. FINDINGS OP FACT' 1. The required application was submitted and the appropziate fee paid. 2. The parcel is located in the R-2 zoning district. Primed on raycled paper - Lot Split Mark Schierman - 7020 Golf Course Itd NW January 20, ZOD4 page 2 RECOMMENDATION The Planning Cormmission voted unanimously to recommend approval of the lot split with the following recommcndations~ 1. The applicant would be required to pay sewer and water access fees and park dedication fees at the time of building. 2. Anew home must be built on the northcm lot within one year of this approval, or the detached accessory building must be removed. 3. The applicant is required to filc all appropriate deeds to reflect the lot division. Respectfully submitted, pean Kirchoff, Chairman Hutchinson Platuming Commission r~ ~J cc: Mark Schierman, 540 Hidden Circle SW CITY OF HUTCHINSON PLANNING STAFF REPORT To: Hutchinson Planning Commission Prepared $y: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, Jean Ward, John Rodeberg, P.E., John Webster, John Olsau, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, I{en Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischuack, AICP, and Bonnie Baumetz Date: January 12, 2004 -Meeting Date: ,Tanuary 20, 2004 Applicant: Mark Schierman, property owner LOT SPLIT ~J Brief Description The applicant is requesting a lot split to create two lots each approximately 141.38' by 780'. He has discussed his proposal with planning staff and there are a couple of issues. One is the shared driveway which will be approximately 400' in length before splitting to the separate homes. He is also asking for shared services up to the split in the driveway easement. Afire hydrant location could be an issue. Jim Popp did meet with the property owner on site and discussed options. GENERAL INFORIVTATION Existing Zoning: R2 (Low to lvledium Density Residential) Lot Size: 4.7 acres Exfsting Land Use: Vacant Adjacent Land Use And Zouing: R-1 (Single Family Residence) with a townhouse development to the South Comprehensive Land Use Plan: Traditional Residental Neighborhood Zoning History: "fhis was a farm site and the house and barn have been demolished. The property owner will be developing the property into two single family home lots. Applicable Regulations: Section 12.01 Hutchinson Subdivision (hdinance SPECIAL INFORMATION Transportation: Golf Course Rd. Parking: N/A Lot Split Mark Schierman - 1020 Golf Course Rd Planning Commission-January 20, 2004 Page 2 Analysis: Recommendation: The lot split is uncomplicated, in that the lots are the minimum required w;rirh5, lot size, depth, etc. are met. The only approval the applieant is requesting is the lot split. However, the lots are so long and narrow that staff has a number of development considerations, the applicant should be aware of. l . The applicant must apply for a variance from the driveway setback requirement of 5 feet, when the owners are ready to proceed. The application must also include a driveway maintenance document and easement. The driveway must allow for fire access tum around space. 2. The water and sewer connections must be designed by an engineer. The lines will be required to be 6 inches for water and 8 inches for sewer. The engineer will review the proper location and ensure elevations will service the new homes. The sewer and water lines must also be located within an easement between the two homes. The documents must address maintenance issues. 3. The forester has reviewed the site and believes the driveway location, if placed in the center of the lot, will maintain substantial trees on the site. 4. Fire protection for the homes is a concern. Hydrants are located too far from the new home locations. Sprinkling in the homes or an additional fire hydrant would be possible requirements. in sunmiary, Staff recommends approval of the lot split with the above comments and below are conditions just for the lot split approval: ] . The applicant would be required to pay sewer and water access fees and park dedication fees at the time of building. 2. Anew home must be built on the northern lot within one year of this approval, or the detached accessory building must be removed. 3. The applicant is required to file all appropriate deeds to reflect the lot division. cc: Mark Schierman, 540 Hidden Circle SW CERTIFICATE flF SURVEY FDR MARK ~IERMAN o~. .~ o ~ ~y~ q"S n Z V 'f A of OAK~NOOD ADDI?,ON ~ ~ ~ gym.. •f , ~ ~ 1 { } tM HW !~4 a! { I ' s.eri•n Ss f ~ 5 I - - I s I 4 - f3f9.22 `'~- y, Iz HT AVENUE NW ~~ ~ a~~. NffN LH N tM MY I/1 H ~ ~ TCQ.YL " ~ ~ 565.92 ~d M ~, Sxnon 56. T.iiT K,Rb w. .~, } sen r.„ ~ ~ NORTHERLY PARCEL a °_' ~ - - m t8 ~~ N ~,~ ~.•. M AREA - 2.4fi Acres ~a.. ~ ! ~O 10~' ii• of Trc ]5. T.I ~T R. 9.50 W.. ~ m 0° ~~ B. NN~ M1 ~ K I N _' D ~y 3$. ~' ~ ~ Noa.; n.pnt of wo~r' [0 pro'A•c. TAi. s y m SOUTHERLY PARCEL + ^~ _~ n..~ ~~ Q•~at. r "-' 8 >>nwi .~. ~. ~~. a. ,~ u. AREA ~ 2.54 Acres ~ m.. ~ z I scum. 4I ~R uu tie et 5«ss. *.i.x A, nao w.- y gyp. '~p{Un wt I 134.68 ~ ~ _ _ _ 805.19 (o..m ~ _ _ . 8LS2S fuwil ~ :'I ~ ~~~ 8E7HKE'S ROLLiNu GREENS /' 1S y `s~ THIRD TOWNHOUSE ADDITION' ` ~~' 4 ., i f ',,~ l ',4 ~s BETHI(E'S ROLLING GREENS SECOND TOWNHOUSE ADDI7fON TOTpL DESCR3PTlON Tnor part of fNe None Hoif o! the Norfawest Quarter o} Secfiort 36. Township I E7 Norln, Ronge 30 Wesf. IAtl nnn r,.,~~.. s.:...__.._ Ce3CIi6ed a3 }oldors, to-wl.:. C7 Memo Tq: Julie Wischnack From: Mark Schnobrich, City Forester CC: Bonnie Baumetz bate: January 7, 2004 Re: Mike Schierman Property on I examined the Schierman lot and reviewed the trees on the site. An abbreviated inventory is listed below. Amazingly it appears that if a common road was to be installed along the center of the property, all of the large Norway Spruce could be saved along with most of the trees on the site. The areas being looked at for home constnuction are basically free of trees or construction could be aligned to incorporate trees if desired. Specie Size _ __ Norway Spruce Colorado Blue Spruce Burr Oak Misc. Trees eo ties 15 - 38" Diame#er 12 inch diameter 15-38 "Diameter Number . 12 2 7 - same Norway Pine, boxelder, and ash, etc c:omprlse the bordering wind breaks. • Page 1 e, z ~,r '~_ f~'', ' ~ F ', A i i, r~ a. S z r _ ', 1 '' ~j ~'~ ~ ~. ~' Evs -sy - J 9 `~: J I sw3 ti F a ,f P t' i i 1 b~_-'. .~~v ~, 1~ y i y :. ,. :.:~ ~`-~: ~' RESOLUTION NO. 12338 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR _ Repairs ] 5,917 Litt Station W WTP YES Electzic Pump Ford Explorer 22,515 Replaccmcnt Cent YES Wick Ford (State Contract) Garage Cbev Silverado 18,340 Replacement Water YES Valley Sales Tractor & Equipment 28,618 Replacement C. G. YES L & P Supply Nord Freestar 18,708 Replacement C.G YES Wick Ford Truck hcds - 4 23,709 Replacement C.G. YES Crysteel 'T'ruck Equip. Bag Film 19,192 Bag Production Compost yES Volm Bag Co The following items were authorized due to an emergency need: 11'EM ~ COST ~ PURPOSE ~ DEPT. ~ BUDGET ~ VENDOA Date Approved: M Motion Made By: Seconded By: Resolution submitted far Council action by: Kenneth B. Merrill, Finance Director 5Lb~3 L, r M E M O R A N D U M TO: Mayor Torgerson and City Council Memhers FROM: Marc A. Scbora, City Attorney DATE: January 27, 2004 STIR TF.CT: Suspension of Main Streets Sports Bar Liquor License ,lim Haugen, Kay Peterson, and I met on ,lanuary 23, 2004 at 1:OU p.m. to discuss the possible liquor license violation by Rahn IIoseck regarding an incident that happened on 5eptembcr 1, 2003. AL that time, according to police reports, Mr. Hoseck was found in his establishment with three or four underage persons that he allowed to consume alcohol on the premises alter hours. This incident happened at approximately 4:00 a.m. Mike Junge, McLeod County Attorney, charged Mr. IIoseck with t1u•ee counts of`praviding alcohol to person under the age of 21. Mr. IIoseck plead guilty in McLeod County llistrict Cnurt on December 19, 2003 to those offenses. Mr. Hoseck was ordered to serve four days in the county jail, perform ten days of sentences service work, and pay a fine in the amount oF$1,000.00. I have had several conversations with Mr. Hoseck's Attorney, Neil Jenson, and they were afforded the opportunity to have a hearing in this matter but they ultimately decided to wave their right to a hearing. They have been informed of the proposed license suspension ol'45 days and they are in agreement of the suspension. They have also been informed that the period of suspension would be from February 1, 2UU4 tlrrough March 1G, 2004 (constituting 45 days). If you should concerning this, I would be happy to entertain them at the City Council Meeting. ~..- ,b'U RESOLUTION NO. 12339 RESOLUTION SUSPENDING THE ONSALE INTOXICATING LIQUOR LICENSE OF MAIN STREET SPORTS BAR Whereas Rahn Hoseck currently has an onsale intoxicating liquor license issued by the City of Iutchinson, Whercas Rahn Hoseck was convicted on 17ecemher l9, 2UU3 of three counts of providing alcohol to a person under the age of 21, Whereas this is Rahn Hoseck's second violation of his onsale liquor license, Whereas pursuant to IIutchinsnn's City Ordinances Rahn IIoseck's nnsalc intoxicating liquor license is subjcet to a suspension of up to 60 days, Whcrcas Mr. Hoseck, through his attorney, waived his right to a hearing on the r~ L matter and admitted to the liquor violation, and Whereas the intoxicating liquor subcommittee, consisting of lames Haugen and Kay Peterson, has, based upon the police reports in this matter, recomrnended a suspension of Mr. Hoseck's onsale intoxicating liquor license for a period of 4S days commencing on February 1, 2004 through March 16, 2004. THERE,I'ORE RE 1T RESOLVED by the City Council of the Cily of Hutchinson, Minnesota as follows: THAT the nnsalc intoxicating liquor license of Aahn Hoseck is hereby suspended for 45 days commencing on February 1, 2004 through March I b, 2(104. ADOPTED BY the City Council this 27t~' day of January, 2UU4. ATTEST: Marlin Tnrgerson Mayor Gary D. Plnli City Administrator C~ CHANGE ORDER NO. 7 CITY OF HUTCWINSON -ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 (B12) 2344209 ShBBt 1 of 7 DNTRACTOR: 8auerly Com antes Letting No 5 Project No. 03.12 4787 Shadow Wood Dr NE, Sauk Rapids MN 56379-9690 Project Location: Edmonton Ave SE DESCRIPTION: Construct modular block retaining wall next to bituminous bike trail south of TH 7 Frontage Road to meet MnlDOT Specification. The price includes material, backfill, labor and negotiated prime contractor markup. Item No. Spec. Ref. Item Name Unit Quantity Dated: Unit Price 01I14/20D4 Amount INCREASE ITEMS: Modular Block Retaining Wall - 7D' X 4' with Cap Blocks LUMP SU 1.OD $5,153.50 $5,153.50 $5,153.50 NET INCREASE -------••--------`-•'------------------^----------------------------_..--------------...__ $5,153.5D In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $5,153.5D (add)J(dedust} An extension of -0- days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL CONTRACT PREVIOUS THIS TOTAL AMOUNT ADDITIONS/DEDUCTIONS ADDITION/DEBU6~T79N $1,361,865.06 SS,897.70 $5,153.50 $1,372,916.26 APPROVED: ~ APPROVED: Contractor Mayor ATED: /~ ~~ DATED: 0 1 /2 712 0 04 PPROVED: APPROVED: Director of Engineering City Administrator DATED: 01/27/2004 DATER: 0112712004 ~~c~ ' CHANGE ORDER NO. 3 CITY OF HUTCHINSON -ENGINEERING DEPARTMENT 111 HASSAN 5T SE, HUTCHINSON MN 55350 (612) 234-4209 sheet 1 on CONTRACTOR: Dulnlnck Bros Inc Letting No. 1 Project No. 03-01 SAP 133-128-01 & 133.109.06 408 8th St, P O Box 208 Prlnsburg MN 58281-0208 Project Location: Dale St SW & 2nd Ave SW DESCRIPTION OF CHANGE: Repair existing driveway outside of the construction limits disturbed during construction with crushed limestone or granite. It was agreed D81 would place and level the aggregate if the City bqught the material. The negotiated price of $24.00 per ton is for the material only. ated: 01123/2004 Item No. Spec. Ref. Item Nama Unit Quantity Unit Price Amount INCREASE ITEMS: AGGREGATE BAS TON 22 $24.00 $516.00 TOTAL INCREASE $516.00 NET INCREASE -----------------•---------------------......................--------------------------------- $518.00 In accordance with the Contract and Speciflcatlons, the contract amount shall ba adjusted in the amount of $ 518.00 (add)I(dedast~. An extenslan of -0- days shall be allowed for completlon. The orlglnal completlon date shall not be changed. ORIGINAL GONTRACT AMOUNT PREVIOUS ADDITIONSIDEDUCTIONS THIS ADDITION/9CDUCTtOA1 70TAL $2,089,928.99 ($446.44) 5518.00 $2,059,998.55 Approved by Hutchinson City Council: 01/27/2004 Ir L SCd~ Mn/CX)T TP-24h0-D112.92) SHEET 1 OF 1 Sl-IEETS State of Minnesota -Department of Transportation • CHANGE ORDER # 3 Contractor: Duininck Brothers Construction State Project No.: 133-12fi-01/133-109-06 Address: F. O. Box 208, Prinsburg, MN 56281 Federal Project No.:, STPX 4303(030) Location: 2"~ Avenue/Dale Street, Hutchinson, MN 55350 Contract No.: In accordance with the terms of this Contract, you arc hereby authorized and instructed to perfvnn the Work as altered by the Fallowing provisions. As per discussions between Bill Krakowski(Duininck Brothers Construction) and Quentin Larson (City o£ Hutchinson), Duininck Brothers was directed to repair existing driveways outside of the construction limits disturbed during construction with crushed limestone or granite. It was agreed that Duinincks would place and level the aggregate if the city bought the material. The negotiated price of $24.00 per ton is for the material only. Total tons of aggregate used = 21.5 ton 21.5 x $24.00 = $516.00 This does not change the completion date. • TOTAI. CHANGE ORDER = $516.00 CHANGE IN CONTRACT TIME Due to this change the Contract Time: a. Is increased ( ) by ~ Working Days Is decreased ( ) by ~ Working Days Is increased O by ~ Calendar Days Is decreased O by ~ Calendar Days b. Is not changed (X ) c. Maybe revised if the work affected the controlling operation ( ) Issued By: Project/Resident/County Engineer Date Approved By: Asst. District Engineer Date For Funding Only Accepted By: Contractor's Authorized Representative Date Qriginal to Project Engineer; copies to Contractor, Conhact Admin. Engr., Materials Office r~ ~ I 1 1 CHANGE ORDER NO. 2 CITY OF HUTCHINSON -ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 (B12) 234-4209 Sheet 1 of 1 Letting Nv. 1 Project No. D3-01 CONTRACTOR: Duininck Bros Inc SAP 133-126-01 & 133-109-Ot3 408 6th St, P O Box 208 Project Location: Prinsburg MN 56287-0208 Dale St SW & 2nd Ave SW DESCRIPTION OF CHANGE: PART #1: As per MnlDOT Speciflcatlons, the following Incentive/Discentive will be applied to the Bituminous Denslry Summery below. PART #2: Pertaining to Non-Wear Bituminous mix placed on 2nd Ave & Dale St project on 10/07l2D03. The wrong mansand was used for the first 238 ton sent to the project. The mix was tested at the plant by Duinlnck, and did meet all the mix design criteria for the project. DBI personnel suggested to leave the bituminous Inplace &~ receive payment at a reduced rate. The City of Hutchinson agreed to this ~ payment will be made at 90°I° of the contract price for 238 ton. Pa ment for this mix will be 90°/. of the contract price Dated: 01/23/2D04 Item No. Spec. Ref. Item Name Unit Wuantiry Unlt Price Amount PART #1: INCREASE ITEMS: INCENTIVE 08(2712003 (Non-Wear) LS t $770.72 $770.72 INCENTIVE 09/25/2003 (Wear) LS 1 $87.78 $87.78 INCENTIVE 09126/2003 (Non-Wear LS 1 $430.10 $430.10 INCENTIVE 10/07/2003 (Non-Wee LS 1 $54625 $546.25 INCENTIVE 10/2012003 (Non-Wee LS 1 $347.76 $347.76 DECREASE ITEMS: DISCENTIVE 08/2912003 (Non-Wear LS 1 ($1,079.79) ($1,079.79) DISCENTIVE 10/10/2003 (Wear LS 1 $866.20) ($86620) (Non-Wear = +$968.65/Wear = -$732.03) TOTAL PART #1 5236.62 PART #2: DECREASE ITEMS: TYPE MV3 NON-WEARINC7 COURSE MIXTURE (Roads) (Contract Price 33 2351 $28.69 Less 10% $2.87) TON 238 ($2.87) ($fi83.06) TOTAL PART #2 ($683.06 NET INCREASE ----------------------------------'•-•----------------------------------------------._.....--- (5446.44) In accordance with the Contract and Speclflcatlons, the contract amount shall be adjusted in the amount of $448.44 (add~(deduct~ An extension of -D- days shall be allowed for completion. The original completion date shall not be changed. ORIGINAL GONTRACT PREVIOUS THIS TOTAL AMOUNT ADDITIgN3/DEDUCTIONS ADDITION7DEDU6*1AN $2,069,928.99 $O.OD ($446.44) $2,089,482.55 Approved by Hutchinson City Council: 01/27/2004 5 C~ mnroor~r-za6o-ollz-9z1 SHEET 1 OF 1 SHEETS State of Minnesota -Department of Transportation • CHANGE ORDER # 2 Contractor: Duininck Brothers Construction State Project No.: 133-126-01/133-109-06 Address: P. O. Box 208, Ptinsburg, MN 56281 Federal Project No.: STPX 4303(030) Location: 2"d Avcnue/Dale Strect, Hutchinson, MN 55350 Contract No.: In accordance with the terms of this Contrac4 you arc hereby authorized and instructed to perfvnn the Work es altered by the following provisions. PART # 1 As per MnDOT Specifications, the following Incentive/Discincentive will be applied to the Bituminous Density Summary below. pate Incentive Disincentive Mix Type 8/27/03 $770.72 NW 8/29/03 $1079.79 WE 9/25/03 $87.78 N~'`' 9/26/03 $430.10 N~' 10/7/03 $54625 NW ] 0/10/D3 586620 NW 10/20/03 $347.76 WE NON-WEAR + $968.65 . WEAR - $732.03 TOTAL CIIANGE ORDER = $236.62 PART # 2 Pertaining to NON-WEAR Bituminous mix placed on 2"d Ave. and Dale St. project on 10-07-03. The wrong mansand was used for the first 238 ton sent to the project. The mix was tested at the plant by Duinincks, and did meet all the mix design criteria for the project. DBI personnel suggested to leave the bituminous inplace and receive payment at a reduced rate. The City of Hutchinson agreed to this and payment will be made at 90% of the contract price for 238 ton. Payment for this mix will be 90°/v of the contact price Contract Price $28.69 Less 10°/v $2.87 Payment price $25.82 $2.87 x 238 ton = -$683.06 A deduction in payment of -$683.06 for NON-WEAR an project M TOTAL CHANGE t7RbER = -$683.06 CHANGE IN CONTRACT TTME ~ue to this change the Contract Time: a. Is increased ( ) by ~ Working Days Is decreased ( ) by Working Days Is increased O by ^ Calendar Days Is decreased () by ~, Calendar Aays b. Is not changed (X ) c. Maybe revised iF the work affected the coutrolling operation ( ) Issued By: Prvjcct/Resideut/County Etgineer Aate Approved By: _ Asst. District Engineer Date For Funding Only Accepted Sy: Contractor's Authorized Representative Date Original to Project Engineer; copies tv Contractor, Contract Admin. Engr., Materials OtTce ,• DRAINAGE AND UTILITY EASEMENT This DRAINAGE AND UTILITY EASEMENT ("Agreement") is made this ,~,$~ day of December; 2003, by and between Rolling Green, Inc., a Minnesota corporation (referred to hereinafter as "Owner") and the City of Hutchinson, a municipal corporation, under the laws of the State of Minnesota, hereinafter referred to as "City". 1'he Owner is the holder of fee simple interest for the property identified by the following legal description (the "Property"): SEE ATTACHED EXHIBIT A. Whereas, the City desires certain easements across the Property as described in Exhibit A, for the purposes hereafter set forth and the pwner has agreed to grant such easements upon the terms and conditions contained herein. Now, therefore, in consideration of the sum of One Dollar ($1.00) and other goad and valuable consideration given to Owner, the receipt and sufficiency of which is acknowledged, it is agreed as follows: C~ .~zTs'itlt Of Ea~et]tent: Owner hereby grants to the City for itsel f and for the benefit of the public, as permanent nonexclusive easement for drainage/ponding and utility purposes, over, across and upon those portions of the Property legally described as: SEE ATTACHED EASEMENT EXHIEI"1' A. 2. Use of Easement Arca~ The easement hereby granted shall be effective immediately. 3. Construction: Maintenance. The City shall be responsible for the repair and maintenance for the Public Improvement; unless in the event Owner, its successors and assigns, shall be in noncompliance with Paragraph 5 (a) hereof, any costs incurred by the City in connection with such noncompliance may he assessed against noncomplying Owner. Said maintenance obligation shall include, without limitation, keeping the same in good and safe condition for the purpose granted herein and reasonably free and clear of foreign objects, debris and obstructions. 5 C-~J Drainage and Utility Easement Summerset Second Addition Page 2 4. Lt ility and_lndemniticatjpn: Insurance. The City shall be responsible for obtaining and maintaining public liability insurance over the Easement Area in such limits as City, in its sole discretion, deems reasonable and sufficient. The City's liability and obligation under this Paragraph shall not exceed the statutory limits contained in Minnesota Statutes Chapter 466. $. Owner covenants and agrees that; a. At no time from the date of this agreement may the Owner encroach on the Easement Area, by the erection of buildings, or permanent enclosures, fences or walls, or other obstructions by Owner which would interfere with, or which would otherwise obstruct access to, the Public Improvement. b. Owner warrants that it has the lawful right and authority, without restriction, to convey the easements as herein granted, that the easements are not subject to any other interest other than the interests of the Owner. 6. Iiindit7g I?.ffect. The terms, provisions and easements provided herein shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the Owner and City. The covenants, agreements and easements contained herein shall he deemed to run with the Property. ~, ~tjgn of Easement. In the event that the use of the Public Improvement within the Easement Area is at any time discontinued by the City, the City shall have the right, but not the duty, to enter further upon the Easement Area and remove all or any portion of the Public Improvement which has been placed upon, over or under the Easement Area. City agrees that in the event of such discontinuance (or the Owner's petition the City and the City agrees) the City shall execute such documents, in recordable form, or bring such actions as maybe necessary to cause this Agreement to be terminated. 8. F~orcement. In addition to any other remedy the City may have, this Agreement maybe enforced by City by injunction, without proof that it has no adequate remedy at hand. Drainage and Utility Easement Summerset Second Addition Page 3 IN WI'T'NESS WHEREOF, this Agreement has been executed as of the day and year first above written by Rolling Green, Inc., property owner, who has read and understood the conditions of the above easement and agrees to be bound by the conditions therein, o ding; en, Inc. 7t~~ -~ Arnold ]. Ester rooks, Secretary/Treasurer -- 51'ATE OF ~ /NIU:~.~j~ COUNTY OF ~~~],IJ' ss. On this 2$th day of December. 2003, before me, a Notary Public within and for said County, personally appeared Amold J, Esterbrooks, Secretary/Treasurer for Rolling Green, Inc., a Minnesota corporation, known to executed the foregoing instrument and acknowl free act and deed. ~,,..,., y p~NNiS C.ON57Atl n NCTAPY NBIJC - MINNE90TA •'• MY CO~~IMISSION EY,PIHES ?•~.,. ~ ~ JANUARY 31, 2006 M~rvxa the person described in and who t he executed the same as his ~~=Y~f/ Notary Public My Commission Expires ~ 3 z~~ Drainage and CJtility Easement Summerset Second Addition Page 4 CTTY OF I-ITJTCHINSON By: Marlin Torgcrson, its Mayor STATE OF MINNESOTA ) ss. COUNTY OF McLCOD ) On this day of 20(14, before t Torgcrson, to me personally known, who being by me duly Mayor of the City of Hutchinson, Minnesota, a municipal ec instrument was executed in behalf of said City by authority i that said Marlin Torgcrson acknowledged said instrument to said City. Notary Public appeared Marlin orn, did say that he is the oration and that said its ;and the free act and deed of Drainage and Utility Easement . Summerset Second Additiony Page 5 CITY OF HUTCHINSON 13y: Gary Plotz, lts City Administrator STATE OF M1NNE5O7'A ) ss. COUNTY OF McLEO17 ) On this day of 2004, before me appeared Gary Plotz, to me personally known, who being by me duly sworn, did say that he is the City Administrator of the City of Hutchinson, Minnesota, a municipal corporation and that said instrument was executed in behalf of said City by authority of its • and that said Gary Plots acknowledged said instrument to he the free act and deed of said City. Notary Public LJ OEf•NERJ}y _T° ~°as~°T~i1rJ w~ Exhibit ~- P ~}pv~ ., ~ec'~" ~~° 's q~ ~ ^~ ~OO~n y4~A ,\ r { i.C4 ) ~\ya Tn~ yT , m rm'w'rs 1 I 4i l l ~ ~9 7 !1x4: &3.J !~ /n ~~!v N -~ Arev= 233x.49 S.F. s~ ~i 11 Cg ~{ 1_ °p'i 15 sll Ij ~Stli i~ ~`a 1 li oa_ Il~p A it I~ 4f 5~ 1~ N 1 i y ~ 1 f~ r~ ^,,sl'W ' I I~ ~ Rte'" I!~ .eve now ~Ipo ~$dZ lu eJ L~ ~'r.?f5i_ I A,,..~.. ~ re.m,..,f vI I noaef arch fhol Inge rvrvan plop, moo vox prepend ey me Or ndef ~ dMa[t peMalon Oad toot I o duy Lkwaed land Surveyor under Ina lows er Ina slap of Illvraaom. ~'/~~ Peel ~ one Date: -/~ lxarae d •(,y6Y A°fPOSEP uvuwru AHS urxrm °wseMenn An .~,.mwrf rt d~0a and aredy p~Neaee ow-. p.,dw and ewvee c=!• a. r0. rl rY, me IJ. ppp J, g11MM[RSLy y(°QVO A0.I+'IN`L NM~M Lwnfp MAmeuf0. axwNay fe Me ncvd Nef fMrwM1 9eM eownnl Mn Ma'MMY a !°. Wally pewepw and ulOttY eeen^"! °`veae pp M4 ea Nam m ~Nd Nef e/ AurMCfl9°T SEY.YYA nOG'IILW en0 SwMMy N Me M/D~C deee,RN rb~~ Cw~m.nea0 of IM Me/Mewf wm~ e/ Mtl lel 4 &eeN 1 Mex~ m ut oewmp °ewhp el Ne(M N Oymc rr mTVly 1! aem+nW wHL NaeO Me LeelMy M. e/ eorC Ler 9, a dp4mw e/ IOYh hn !e Ne yaP! pl eryMnMO of Me ffi~ fe e. deecrtlcd Mon SwM JT dep(eae °5 mMrtu TI afv~d~ M'eel o ~fa'n e/ BRS9 X~e, Ibnn SwM yY dprew le m6ubf Yl efeu~de IWeL a dtlmn e/ dA°S Met lM1Yrce 5wM Ca dpnee SJ md~ufo Ja eew+dc M1cL a dbfw,ee e( 6&/9 / aL M~+c~ Swll, !e eprwa TT mPpMC N ucmOC M'cl, a dbfmw e/ eJ.as M1ef. mm.. sroum ea ay..a Y° m.We., r° a.eenw w.E = Nafenoa er HO~dS Mf, M In. NW1 /Me a! wrd Lef IT wW all /Me Mve Ie'mnelH0. s ~ ~ ~i ~~ ~~et y ~~~ ~ ~ O Lyw b~~ A a~ma Y f1 ~~ i^ Y®' L i ^e ~ ~ ~~ ~{ ®~ ~% ~ ~~ € Memo to: Mayor and City Council Members From: Lisa McClure, Interim Director t]ate: 1 /27/2004 Re: EDA Board Appointments At the November EDA Bcard meeting, the board discussed the expiration of Bob Windel's term and the resignation of Jeff Haag. Bob Windel's tenn expired at the end of 2003. The board recommended that Mr. Wendel be reappointed for another 6-year terrn. After some discussion, the board recommended that Duane Hoversten be appointed to carry out the remainder of Mr. Maag's term. Mr. Haag's term will expire at the end of 2006. Thank you for your consideration of these recommendations. If you have any questions, please feel free tc contact me at 234223. • Paga t 5 L~~ •~ Hutchinson Area Health Care Hutchinson Community Ilospital [3t~rns Mavt~ir Ntu~ili,~+llonie Dcrsrc(Medicnl Ccialer ]095 Highway lj Snwh I-3u[chinson. MN 5?3?0 (320) 234-?000 January 20, 2004 The HonoraUle Mayor Marlin Torgerson and Members of the City Council Hutchinson City Center 1 l 1 Hassan Street SL Hutchinson, MN 553.50 Dear Mayor Torgerson: A committee of tlae Board of Directors of Hutchinson Area Health Care (HAIIC), are recommending Mike Mueller, as a candidate, to fill one of the vacancies on the IIAHC Board. Mike is an employee of 3M Company and has been a resident of Hutchinson for 12 years. Thanks for your consideration of this recommendation. If you have any questions, please feel free to contact me at 234-4750. Sincerely, C Philip G. Graves President !cs ~l~ i•~ C~ Page 1 of 2 (web) 6103 Mf17f76SOfa LaWTU! [iam017f1g For Cdr ~ se Dnly LG220 Application for Exempt Permit Fee $50 Fee Paid Organization Information Check No.___,_ Organization name previous lawful gambling exemption number he {~utctf~-~+sol ~ ~ ufid ~ iU ~ ~- Street City State/zip code County /(O ~C f'_a-t ~ r~H,~.tira./ M,J ss 3S~ /'~ c z E do Name of chief executive officer (CEO) Daytime phone number of CEO Include area dude First name Last name Car' ~2ne Ta ~ 3~ - 7-3//3 Name of treasurer paytime phone number of First name Last name treasurer. Include area cdde G; e klasserL ?z~-s y-~as~ Type of Nonprofit Organization Check the item that best describes your organization: Fraternal _ Religious _ _ Veteran Other nonprofit organization Check the item that indicates the type of proof your organization attached to this application: IRS letter indicating income tax exempt status Certificate of Good Standing from the Minnesota Secretary of State's Office _ A charter showing you are an affiliate of a parent nonprofit organization _ Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information emis~s where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Name pf pr lI Address (do not use PO box) Gity Stale/zip code County /oos ~-~i-' /S~. (~~{tti.ada.J Mrs 55'354 MG~Eo Date(s) of activity (for raffles, indicate the date of the drawing) F} ~ RrL I ~ Tff Check the item(s) thatindicate the type of gambling activity your organization will 6e ednducling: 'bingo ~ Raffles (cash prizes may nal exceed $12.000) ~ "Paddlewheels ~ "Pull-tabs _ 'Tipboards 'E ui ment for these activities must be obtainedfromalicensed distributor. q p This fprm will be made available in alternative format (i.e. large print, 8rallle) upon request. The informatipn requested on [his form (and any attachments) will be used by the Gambling Control poard (Board) to determine your qualificatipns tp be involved in lawful gambling activities in Minne50ta. You have the Ylght to refuse t0 supply the information requested; hpwever, if you refuse to Supply this informatipn, the Bpard may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply [Ire Information requesed, the ppard will 6e able tp process ypur application. Your name and and your organization's name and address will be public information when received by the Board. All the other infprmatipn [hat you provide will 6e private data abput you until the Board issues your permit. When the Board issues ypur permit, all of the information the[ ypu have provided to [he Board in the prp[e55 pf applying far your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying fqr a permit remains private, with [he exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have aCCeSS to the information; the Minnespta Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners Of Administratlon, Finance, and Revenue; the MinneSOta Legisla[Ive Auditor, national and International gambling regulatory agencies; anyone pursuant to court Order; other individuals and agencies that are specifically authorized by State or federal law to have ac[ess [o the infprmation; individuals and agendie5 for which law pr legal prder authorizes a new use or Sharing of infprmation aRer this Notice was given; and anyone with your consent. `~+~J L..J L.G220 Application for Exempt P/ermit wep 6 03 2 Organization Name, Tom, ~c-~t~iinJdn r2o~rtr_Fo_u_rdcrf'ta;n _.. _ _ Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that tha city is taking on this application. ^ The city approves the application with no waiting period. ^ The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). The city denies the application. Print name o(city (Signature of city personnel receiving application) Ttle Date If the gambling premises Is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application. Check tha action that the county is taking on this application. The county approves the application with no waiting period. The county approves the application with a 30 day waiting period, and allows the Board [o issue a permit after 30 days. The county denies the application. name of county (Signature of county personnel raceiving application) Title Date ~ f TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an applicaticn (Minn. Slat. sec. 349.213, subd. 2).] Print name Of township (Signature of township vffcial acknowledging application) Chief Executive Officer's Signature The information provided in this application is complete a Ccurate to the best pi my knowledge. Chief executive officer's signature ',, p - Name (please print) - t~-~ Date/~/~ Mail Application and Attat:hments At least 45 days prior to your scheduled activity data send: • the completed application, • a copy of your proof of nonprofit status, and • a check for $50. Make check payable to "State of Minnesota^. Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 3D0 South Roseville, MN 55113 J wr ~ c br Page 1 of 2 (web) D/03 Minnesota La u am rng or oar ge n y LG220 Application for Exempt Permit Fee $50 Fee Paid Organization Information Check No. Drganizativn name Previous lawful gambling exemption number Ve u _. ~_. ... Street _._. City State/zip code County Name of chief executive officer (GED) ~~ Daytime phone number of CEO t name Last ~a ma Firs Include area code nn 1 II ^ ~ T' 1 .~"~~-I ~ Z ~ z Name cf treasurer Daytime phone number of Last name First name treasurer. Include area code 11 Type of Nonprofit Organization Check the item that best describes your organization: _ Fraternal _ Religious _ Veteran ~ Dther nonprofit organization Check the item that indicates the type of proof your organization attached to this application: IRS letter indicating income tax exempt status _ Certificate of Gdod Standing from the Minnesota Secretary of State's Office _ A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on Fie with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) __ ~ l.c~ ecl _ v, .. ate/zip COde County S t Address (do not use PO box) Gily nn '', ~ Date(s)of activity (to raffles, indicate the date of the drawing) ~I `l ~" 2u~.Li __ ._. Check the item(s) that indicate the type of gambling activity your organization will be conducting: ,,,,_ 'Bingo ~, Raffles (cash prizes may not exceed $12,D00) ~, 'Paddlewheels _"Pull-tabs „~ 'Tipboards 'Equipment (or these activities must be obtained from a licensed distributor. This form will 6e made available in alternative format (i.e. large print, erellle) upon request. 'fhe informabon requested on this form (and any attachmenGSJ will be used by the Gambling ConCrol Board (Board) to determine your qualifications to be Involved in (awful gambling actlvltles In Minnesota. You have the right tv refuse to Supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your quallFlcativns and, as a consequence, may refuse to issue you a permlt. If you supply the Information requested, the Board well be able [o process your application. Your name and and your organization's name and address will be public information when received by the Board. All the Other Infonnatlon that you provide will 6e private data about you untll the Board issues your permit. When the Board issues your permlt, all of the infonnatlon that you have prrnlded to the Board in [he process of applying for your permit will become public. IF the Board does not Issue you a permit, all [he information you have provided in the process of applying for a permlt remains private, wiCh Che exception of your name and your organization's name and address which will remain public. Private data about you are available only tc the following: Board members, staff of the Board whb5e Work assignment regUlres that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Adminls[ratlon, Finance, and Revenue; the MinnesoCa Legl5latlve AUdltor, national and international gambling regula~ry agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized 6y state orfederal law to have access [b the Information; individuals and agencies for which law or legal order authorizes a new use or sharing of InfOrmadon after this Notice wds given; and anyone with your consent. 5 l x~ ~~ C~ LG220 Application for Exempt Permit Organization Name ,^,,, Local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this appllcatlon. On behalf of the city, I acknowledge this application. Cheok the action that the city is taking on this application. ^ The city approves the application with no waiting period. The city approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (5D days for a first class city). The city denies the application. Print name of city (Signatwe of city personnel receiving application) Title bate / /_ Page 2 of 2 Web 6103 If the gambling premises is located in a township, bath the county and township mustsignthis application. On behalf of the county, I acknowledge this application, Check the action that tha county Is taking on this application. The county approves the application with no waiting pericd. The ccunty approves the application with a 30 day waiting period, and allows the Board to issue a permit after 3t7 days. The county denies the application, Print name of county (Signature of county personnel receiving application) Title Date ! / TPWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [Atawnship has no statutory authority to approve or deny an application (Minn. Stat. sec. 349213,subd,2).] Print name of township (Signature of township o~cisl acknowledging application) Chief Executive Officer's Signature The information provided in this application is complete and accurate to the hest of my knowledge. Chief executive officer's signature Name (please print) ^ate Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofit status, and • a check far $50. Make check payable to "State of Minnesota". Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 Wast County Road B, Suite 3t)0 South Roseville, MN 55113 V~~~ r- fem. Minnesota Department of Public Safety ^~ ,`„ LIQUOR CONTROL DIVISION _ ,,~~ .~ 444 Cedar St./suite 100E -fir' St. Paul, MN 55101-2156 ~ `: ' (612)296-6439 TDD (612)282-6555 APPLICATION AND PERMIT FORA 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE ~, TYPE OR PRINT INFORMA'T'ION t' • OF F~GANIl.AT N t)A'~ (RGANIJ.F:D T'AX EXEMPT NLJMBER (.~ ~ Z F.F.T 1~DRESS ~ C TY STAT'E 7.IP CODE ~d• ~ ~, NAMR Uk' ('FRSON MAKING APPLICATION rn, (~~~ t BUSINESS PHONE NOME: Pi-CONE: DAT 5 LIQLJOR WILL RE SOLD (1 to 4 days) r ~ ~ ~ ~ r~ T'YPF: Oh' ORGANIZA'C'IDN ^ CL[IB ^ CHARITABLE ^ RELIGIOUS 'OTHER NONPROFIT RGANIZATION Ok'k'ICF. 'S NA AD17Rh'SS r 1 - f S "7 v lw n ~' ORGANI%A"CON OFFICER'S N ADDRESS ORGANIZATION OFF'CCIiR'S NAME DRESS I .rwat~on w wr ice se wr e a . If an ont oor area, describe S W~ 1 the applicant cuntraot for intoxicatl~(tJJ~, liyaor serv/ices! If so, give thn name and address of the Liqnor license ptrovidiug the service. Will the applicant carry liquor liability insurance? If:u~, the carrier' s name and amount of coverage. (NO'['E: Insurance is sot mandatory) ~1,PPROVAL AFPI.ICATION MUST BE REPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LI()UOR CONTROL CITY/COUNTY DATE APPROVER CITY FEE AMOUNT LICENSE DATES DATE FEE PA1D SIGNATIJRH (:I'I'Y CLERK OR COlJN'IY Ok'FICIAL API'ROVEI) LIQUOR CON'1'ROI. DIRF:C'fOR NOTE: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the tlcense. Submit to the City nr County at least 311 days before the event. PS-f191179(R/95) SC~~ LJ PUBLICATION NO. ORDINANCE NO. 04-367 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF TIIE CITY OF Iii1TCHINSON FOR A PROPERTY TO BF, REZONEll PROM Rl TO R2 LOCATRD AT 1245 ROBF,RTS RD SW THE CTTY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: WHEREAS, the following described real property is hereby reroned from Rl (Low Density Residential) to R2 (Low Density Residential -Single and Two family) as requested by property owner: LEGAL DESCRIPTION: Lot Three (3), Block One (1), of McDonald's Second Addition WHF,REAS, the Cily Plaiming Commission and City Council have considered the effects ofrezoning this piece of property; WIIERF,AS, there are certain parameters that will make this rezoning appropriate for this area; THEREhORE; the City hereby officially rezones this property to R2 and it shall take effect upon publication oi' this ordinance; Adopted by the City Council this 10`" day of February, 2004. ATTEST: Gary D. Plotz Cily Administrator Marlin D. Torgerson Mayor `"1 CQ~ Hutchinson Cit Center 111 Haaeaa Strcet 56 Hutchinaan, MN 55350.2522 320-g87-g151/Fa~x 320-234.4240 MEMORANDUM llATE: January 22, 2004 TO: Hutchinson (:ity Council FROM: Hutchinson Planning (.'ommissicn SUBJECT: CDNSIDERATION OF RELONING OF PROPERTY FROM R1 TO RZ LOCATED AT 1245 RDSERTS RD SW REQiIESTED BY RAYMOND NDRTON, PROPERTY OWNER Pursuant to Section 6.05 of Zoning Ordinance, Chapter 11, Hutchinson City Code, the Hutchinson Planning Comrrilssivn is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HJSTORY The applicant is requesting to rezone his property from Rl [o RZ to bring his nonconforming duplex into confomtance. He stated the house was used as a duplex before he purchased it and now would like it to be in wnforntance to sell the house. (In fact, the home was provided separate electric and gas service in January of 1998.) There are not separate water and sewer services. The house was inspected for building and fire code issues. There is R2 Zoning bardexing the lot across Rnbers Road to the south. The house was being used as a duplex before the present property owner purchased the lot in July of-1998. Separate electric and natural gas was put in January 1998. However, the City was never informed the home was changed into a duplex. (The pemut file indicates the home was built as a single family home. No permits were requested for remodeling or changing the home into a duplex.) The present property owners did use the basement as a daycare for a short period of time. FINDINGS OF FACI 1. The required application was submitted and the appropriate fee paid. 2. Notices were trailed to the suxxounding property owners as well as published in the Hutchinson Leader on January 8, 2004. 3. A public hearing was held at which time there was a neighbor present objecting to the request. RECOMMENDATION The Planning Commission voted 4 ayes to 2 nays to approve the rezonhlg with the following requirements: 1. The house must be brought up to building code For use as a duplex. 2. There must be separate addresses given to each unit. Respectfully submitted, Dtan ICixchoff, Chairman Hutchinson Planning Commission ce: Raymond Norton, 600 Roberts St. SW P~~~W un rxyckd pepw - CITY OF HUTCHINSON PLANNING STAFF REPORT To: hIutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dalf Moan, Don Nelson, Lisa McClure, Jean Ward, John Rodeberg, P.E., Bohn Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Morrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: January 12, 2004 -Meeting Date: January 20, 2004 Applicant: Raymond Norton, property owner REZONING BrieF bescriptivn The applicant is requesting to rezone his property from R1 to 1t2 to bring his nonconforming duplex into conformance. He stated the house was used as a duplex before he purchascd it and now would like it to be in conformance to sell the house. (1n fact, the home was provided separate electric and gas service in January of 1998.) There aze not separate water and sewer services. The house was inspected for building and fire code issues. There is R2 Zoning bordering the lot across Roberts Road to the south GENERAI. INk'URMATIUN Existing Zoning: Rl (Single Family Housing) Property Location: 1245 Roberts Rd Lot Size: 12,000 sq. ft. (Required square footage in an R2 for a two family home would be 1D,000 square feet. Existing Land Use: Two family Residential Adjacent Land Use And Zoning: R1 tv the north, east and west and R2 to the south Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The house was being used as a duplex before the present property owner purchased the lot in July of 1998. Separate electric and natural gas was put in January 1998. However, the City was never informed the home was changed into a duplex. (The permit file indicates the home was built as a single family home. No permits were requested For remodeling or changing the home into a duplex.) The present property owners did use the basement as a daycaze for a short period of time. (See attached Fire Inspection.) Re~~nia~~ ~.~~~e~t I~:yrn~a~+~ Nnrte~~ 1~~ ~t~~a~~t~ ~d ~la~n~~r '~rn~~~iwn~ ~a~~~y 2(~, 2Q 2 ~,pp~aca~b~e ....., ....,. ~e~;ralati+~~s. 'eeticrn .4~ eer~~'ng ~"~raa~spc~rtat~~rm: +eberts ~ and. i,a'ke~ic LJT ~'arNdng: A rx~inirr~u~~a ~i spaces per d'e~tir~g unit is regrxi'red ~¢~ a 1 aryd ~a~n'iiy rer~tad d~'~'eiiiu~~. There app~rs ~~ ~e taarkirug in the pul~b~c right o'f +' an. Lal~e~r'ie~ sand, vieh ~a'uid nut be a1l~aed. Analysis aid ~ec+~~rne~mrl~-tian: tal'fhas attached the sectic+n '~ the League ~~ d~linr~es~ata pities l~andbt~alc that discusses rc~ning ctiuras. "'~""tie plar~a~'ing stai"1` ~e~.;ur~z~src;t:~c~s de~~iai ca't' the re~ueted ac;ti~an to rcrnc tii;e tca the fact that the ~.1 dc~si,gnatiu~ is part c~ a lar~tr r~~lsting t]e7~hbarl~c~~d" The .~ z~ni en~rc:lnps a:11 cif the h,+a,nt~ti c,,~ the c~~rltr side of tlae street. The change ira z~sa'ing~ ii` desired by tie pity, shr~uld be a~:ted' upon fur the entire bic~c~, rather than i'ar are individuab parcel. "1"he ulhea- issue is that there acre ~wuilditin ~a~eky issues itr, using flee basement as a dellin The b~aikdin~ inspetcr has.. identified that there could be an egress window required ire atac lrxedrurxrrr and a rran-c~r~~~pl~ax~t cga'es's' wi~daw ia~ the ~rthe~- bedrac~rn, The iraspeetic~n 'identi~cd there weeds trr be ~ clr~5+er ~za Cie garage d+~tar c:r~try. ire is aisra a yuesti~ia ab~~zt s~n~e spray l~a~a.~~ insulatacar~ that eras usetf ~n the ceiling area. There is a c~ar~cerra.`rcrrr~ ~;~ncrecy erices, that this k~uildig leas r~et been designated a duplc:~ and tlaerefure leas 'net been assig~aed a special address fair. ¢aa~ultrpflu ut7it~. Vic: }~rxa~nd ~1c~rt~n, t}C} ,nberts t. Hutchinson Fire Chief' 111 Hassan St SE Hutchinson, MN 55350 320-234-4211 Fire S3tfgtX~Pectian Date :December 5,1998 File: #9&311 PROPERTY: Day Care ADDRESS: 1245 Roberts Rd SW PHDNE: 587-3451 I{EYHDLDER: Tammy Norton [n accordance with the provisions of Minnesota Statute 299F.01 I, Minnesota Uniform Fire Code, Inspection of the above premises was completed and the following violations andior deficiencies were noted requiring corrective action: Install self- closer on door going Into garage Install smoke detectors in each room children sleep in Mount unlocking device next to doors then lock Thank you and good luck! This inspection has been done to help insure and aid in the safety for you, your employees, and your customus. The fire safety concerns noted above need to be comctcd in a timely manner to make sure your building stays az soft as possible. A rc-inspection will be completed in days. A plan of action nerds to be in place at that time. For further assistance, rnntact the Hutchinson Fire Chief ru 320-234-4211. Brad Emans Hutchinson Fire Chief q~Cp Am For further assistance, contact the Hutchinson Fire Chief at 320.234-4211. .Brad Emans Hutchinson Fire Chief CARE FACILITY FIRE SAFETY INSPECTION PROPERTY: ~.~ C~t.~tC ADDRESS: I~i}5 ~'-~ev~~ F:d SV,'~ PHONE: ~~ 3~5 ~ KEYHOLDER: CORE SUMMARY DATE: }~ 3 In accordance with the provisions of Minnesota Statute 299F.011, Minnesota Uniform Fire Code, inspection of the above premises was completed and the following violations and/or deficiencies were noted requiring corrective action. A plan of action must be in place in days. YES Np _____. ___._.. ~ _~ _..~ _~ NOTES: N/A ~_ Visible building number/contrasting color Panic Hardware (12 or mare) NOTES: Exit Lights (12 or more) NOTES: Emergency Lights (12 or more) NOTES: Self Closer on door going into garage/Door Solid Core 1-3/S" Garage Separated by 5/g" sheet rock (1 hour rating) Stairway 36" wide with handrails Fire Extinguisher: Minimum 2A-IOBC/tested annually Smoke Detector--each sleeping room/room occupied for daycare 98- 3 ~ ) Two exiu from area day care occupies/one directly outside NOTES: L Door separating floors 20 minutes with closer i Plugs in electrical outlets/covers on all switches & outlets Extension Cords NOTES: Electrical Service (good condition) NOTES: Flashlight available L Relief Valves On _~ Area under steps sheetrocked All locking doors must have opening device next to door Jleed ~,~~'r /n7DUn~ Closet doors must open from inside NOTES: General Clutter NOTES: • F:IUSER5IHBAUTffiTZ1FIRklca~cfaCl.doc LZ~ Deck F I ~ - ~ l Se ~_ ~~ ~ Dn 11 Bedroom Ig P Lining Dining l! Room Area Haiti ~, !~. h h I`, Cl. ~ v v ~-~ G ; e rage tSitchPn Cl~ i'" Bedroom Bedroom 8o er F Dinefte ~Ci L a un. ~ . gg 3~ Covered PareR ~ ~, ~y~ ----------------~ 30` 22 lays ~d~rfs ~~ ~GI r c e~}b _o____o_~ ., Stc~lt i ~ ti3 Rezoning request of 1245 Roberts Rd. Sw. Transportation: Roberts Rd and Lakeview LN Parking: A minimum of 2 spaces per dwelling unit is required in a 1 and 2 farruly rental dwelling. There appears to be parking in the public right of way on Lakeview Land, which would not be allowed. Answer: Sometime in the past the city has removed the curb and made this accessible to parking. I do not fully understand this assessment, since all driveways are on the right of way. The planning staff recommends denial of the requested action to rezone due to the fact that the R 1 designation is part of a larger existing neighborhood. . The R1 zoning envelops all of the homes on the north side of the street. The change in zoning, if desired by the City, should be acted upon for the entire block rather than for an individual parcel. The other issue is that there are building safety issues in using the basetnent as a dwelling. The building inspector has identified that there would be an egress window required in one bedroom and anon-compliant egress window in the other bedroom. Answer: We have agreed to put install a compliant wtndaw in the bedroom and understand that the other area cannot be advertised as a bedroom unless an egress window is installed. C~ • The inspection idcntificd there needs to be a closer on the garage door entry. Answer: We installed a hydraulic closer when this area was used for daycare. We moved it to our new location, not thinking it would be required for adult renters. I um very willing to install a new closer. There is also a question about some spray foam insulation that was used in the ceiling area. Answer. The entire living area has a suspended ceiling with fre proof tiles in all openings. There are no missing tiles. There is a concern from emergency services, that this building has not been designated a duplex and therefore has not been assigned a special address for . multiple units. Answer: We notified the fire department, by phone, .Iuly of 2002 that the dwelling was being used as a rental unit. Quarterly, we hire an .Independent inspector to examine each unit. Adl smoke detectors are tested for proper function at each time. Comments: We purchased the home on 1245 Roberts in 7uly of 1998. Prior to the sale we had it assessed by Sorenson Appraisals. The appraisal indicated the property was zoned R2 (I have the original in my possession if needed). Also, the home was being rented out, and had its own mail box on Lakeview Ln. when we took possession. We purchased a new home in 2002 and retained this property as a rental investment, based on this information. We also insured it as a rental property, and informed the Fire Department of the . changes, which Brad Emans indicated was necessary. Recently, quite by accident, I found out the property was actually zoned Rl. I had not heard . anything contrary until I attempted to follow proper rezoning procedures. I Iznd this to be a very series issue which could impact us greatly. I appreciate your careful consideration of this matter. Sincerely, Raymond Norton 320-583-8150 ~~ ,- 4 ;ti , ; ~ , { x r'- ~~ . i;:. _ 1 , .~ ~ ti;r ~~ ~~ 5 ~ u L i 4 i r ! f ~ ,' ~ fjfjfj - 4~ ~~~ yyyt d _ ~ ,~ ~_ ~i• ~ ~ ', ~ ` Y.'4 ~ ~ - . ~ r J { he ~ ~ ~ ~ I ..f y 4„i y ~ A~ r~ ~ „k k~ L ~ }- i f ~ ~ ~. ~. ~ ~. r, i - .} `, 3 ~S.r. :~ ,~ N t ~., _ t F . ~.. : i , ~ ~S. ~ i. ~ ~ i. . + ~ • -, ~ I t ~ ~ ~, ~ ' .~.. 1 ~ ~ R ~_ . 1 ~ r 1..i `.' ` , ~ ~ ~ ~ ~~ .1 F, '7, `} q r- t_ ~; •> } y ,~~~ s ~~ y 41 ,: ~: s' ' i ~I ,r ~ . ~ ~ , 7 ~ '. ~ ~ ~: r ~^ ~ ~, ' ,/ ~t.- - _~; _ ~ *{ { .~ `- v S , f .~ ~r.i~l ,.~: ~ ~TM ., .. 1' .ti~ , a'n'ti, ~ ,, __, -, Y ~~ ~.~ ,kr :- i r.r ~, ~ ..~ ~~~, `.~' '~ an ;.! ! .? j ~~~ a .'~ ~= ~' ;~~3 B r. ~, ~ j t ~~ F~ ,. a ~ i t ~~~ d s :~~ a i 'e ~. ~' - . 9 . i„ 4. qq p i ~~ _ , ~~ `*.:F . Ordinance Na. 04-3b8 Publication No. 7144 AN ORDINANCE ESTABILSHING POLICY AND PROCEDURE RELATED TO THE CITY OF HUTCHINSON CHARGING FOR FIRE CALLS THE CITY COUNCIL OF THE CITY OF IiUT'CHINSON, MINNESOTA DOES HEREBY ORDAIN: Section One: Pur ose and Intent Subd. 1. That this Ordinance is adapted for the purpose of establishing that the City of Hutchinson will charge all fire calls as allowed Minnesota Statute Section 366.011, which authorir..es a town to charge for fire service calls. Minnesota Statute Section 415.01 provides that cities may exercise all the powers conferred upon towns in chapters 365-368 of the statutes and, therefore, a municipal fire service has the power to bill for said service calls. Section Two: Aefinition of Terms Subd. 1. Fire Call -Any deployment of fire fighting personnel and/or equipment to provide fire suppression, rescue, extrication, extinguishing of a fire, the performance of any . preventative measures in an effort to protect or pre-empt a fire or fire hazard or to protect equipment, life, or property in an area threatened by fire, and to provide any other services related to fire and rescue as may occasionally occur. Section Three: Parties Affected Subd. 1. City of Hutchinson residents who receive fire service for any type of fire call. Subd. 2. Township residents who receive fire service for any type of fire call and whose township has entered into a fire service contract with the City of Hutchinson. Subd. 3. All fire calls in response to car accidents or fires where persons receiving service arc either not residents of the City of Hutchinson or residents of townships served by a fire contract with the City of Hutchinson. Section Four: Rates Subd. 1. Rates will be discussed annually during fire service contract negotiations and the Council will approve said rates annually as a part of those negotiations and said rates will apply to all parties affected. Section Five: Billin and Collection Subd. 1. Parties receiving fire service via a fire call will be billed directly by the City of Hutchinson Fire Department within 30 days of the fire call. If the party receiving fire service dots not initiate the contact for service but a fire or other situation exists which at the discretion of the fire department personnel in charge requires Fire services and qualifies as a fire call as defined in Section Two, that party will be charged for a fire call. Subd. 2. The City of Hutchinson will use all practical and reasonable legal means to collect billed fire calls. The party receiving the fire service shall be liable for all cost of `~ collection incurred by the City including, but not limited to, reasonable attorney fees and court GOStS. Subd. 3. Billing may be directed to the insurance carrier as a reasonable effort by the City to assist the party who received the fire service. Any billable amount of the fire call not covered by a party's applicable insurance remains a debt of the party receiving fire service. Subd. 4. 1'he Gity Fire Chief or the Chiefs designee shall have the discretion to reduce or waive the fire call fees depending on the type of service, equipment, and personnel involved or in the case of false alarms. Section Six: Mutual Aid A reements Subd. 1. On fire calls where the City of Hutchinson provides "Mutual Aid" to another fire service, the associated billing will be determined by the Mutual Aid Agreement with that fire service. Section Seven: A lication of Collections to Bud et Subd. 1. All revenues generated by paid billable fire calls will be used to offset the expenses of the City of Hutchinson Fire Department. Section Ei ht: Effective Date 30 da s after its ublication. Subd. 1. This Ordinance shall become effective thirty ( ) Y P Upon being put to a vote, the above Ordinance was duly passed after a second reading by • the City Council of the City of Hutchinson this l Or" day of February, 2004. Marlin Torgerson, Mayor Attest: Gary D. Plotz, City Administrator ~ ~ Memo To: Mayor and Hutchinson City Council ~ ~ a Fmmc Jean Ward, Executive Director ' ~",Ltc-+~ UJI~-1 G DatcK 1 /2212004 J Re: Hutchinson HRA/Hutchinson City Gouncil Jcint Meeting The HRA board would like to schedule a joint meeting with the City Council to discuss the 2003 HRA Year End Report and to review the HRA 2004 GoalslObJectives. The HR4 Board would also like to receive input from the City Council on the state of housing in Hutchinson, and any housing projects or issues they see as important in the next five years. Would meeting either Tuesday, February 17r" or Tuesday, March 16r" at 8:00 A.M. during our regular HRA Board meeting work for the Council or another tlme that is convenient for you? The HRA 6card looks forward to meeting with you. Thank you. q (~c~ From: "Denise Ertl" ~Denise.ErtlQco.mcleod.mn.us~ To; ~mstarke~ci.hutchinson.mn.us~ Date: 1 l21 /D4 11:49AM Subject: council packet materials Attached please find background materials for the Smoke Free Policy presentation scheduled for the January 27 City Council meeting. The two items include a copy of the Olmsted ordinance that county commissioners are considering and a resolution of support for the city council to consider. If you need any further information or have trouble with the attachments, please contact me. Thank you for your assistance. Regards, Denise Ertl Denise Ertl, M Ed, Health Educator McLeod County Public Health 18D5 Ford Ave N, suite 200 Glencoe MN 55336 320-864-1512 or 1-800-450-3185, ext. 1572 denise.ertl®co.m cleod.mn.us "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." Margaret Mead This message and any attachments may contain information that is legally privileged. Any disclosure, copying, distribution or the taking of any action on the contents is strictly prohibited. If you feel you have received this email in error, please notify me Immediately. q ~d~ Resolution No. 01-102 WHEREAS, non-smoking sections in buildings do not eliminate non-smokers' exposure to second-hand smoke (U.S. Environmental Protection Agency Office of Air and Radiation IARC Scientific Publications 81:25-41, 19$7); and WHEREAS, carcinogens found in Environmental Tobacco Smoke (ETS) are causally related to cancer. It is estimated that every year 3,000 non-smokers in the U.S. die of lung cancer related to ETS (60 deaths in MN). To date, oW~k,.5.0 substances in second- hand smoke have been identified as carcinogens. (U.S. ,i3,~rtm~nt of Health and Human Services; Health Effects of Exposure to Environmental Tt~b~~co Smoke, 1999); WHEREAS, annually between 35,000 and 62,OOD non-srritik~i`s!'r,'die,-~,In,;1~`•S. (700 to 1,240 deaths in MN) from Ischemic heart disease related to E'~~"°(,I~'j,+'i,1, „apartment of Health and Human Services; Health Effects of Exposure to Environfn'~'(y~~'I Tobacco Smoke, 1999): and a',lhl;,,~r~~1~,~s,,,.. M1ty~;,~„ WHEREAS, each year 9,700 to 18,600 low birt~';~~ol ht'{ir~ipf~~„~M,'~~'~"i'n the U.S. (190 to 370 in MN) are causally related to ETS (U.S,;, ,e~~Tt .,ant of ~I~'~j~~s~and Human Services; Health Effects of Exposure to En)ti`,imeri M1I.~'~"~obacco Smoke, 1999); and WHEREAS, annually between 1,900 Syndrome (SIDS) occur in the U.S. Department of Health and Human Se Environmental Tobacco Smoke, 19`a,', WHEREAS, irritants in ETS cause""1~~rt"~(G. (3,000 cases in MN). Irritants also cau§i infections in children in the U.S,.,(14,000 Services; Health Effects of ~~p~~i(r~;tn, WHEREAS, a review of 2000 c 17.3% having asthma, w,ttijCh is Barbara Yawn, Olmsted'' ,'e,~tla to ETS occurs in 400,000 (i~1~11 Department of HealthI~t~;~y~,~-~~I~I'~~,,~~~, Environmental Tob~ioCDb'iS,I~I~.~ Sudden Infant Death ,related to ETS (U.S. f Exposure to sally of bronchitis and pneumonia as annually of middle ear lepartment of Health and Wuman Tobacco Smoke, 1999); and ,,,, tildi°~r?-in blrtie'ttbd''County has shown an average of 2.5'''timi~'~,th'e national average (study conducted by Dr. ,..u I Cent~X.,1`~s~srcher). Asthma that becomes worse due rn annua1ljr~;jn the U.S. (8,000 children in MN) (U.S. an°Set~fioes;'Health Effects of Exposure to WHEREAS, ET~;.~~`a~Jdly ~iiffuses'(ttC"rughout a room. Using indoor air quality standards, ventilation rate 4hivC~uld ~ ''~+,le6to be i~(~ireased more than a thousand-fold to reduce t~,~~,,,,,.,, i„~ „ cancer risk as5't?i, tated,;~~l ; ET~;?''"j~uch ventilation rate would result in a virtual windstorm indoiy~', ~~-~~~p, J:.;, ~,~~k Management and Passive Smoking at Work and at Home," 5t. Louis Univ~tw5);~y:l'I~,(j(iw,r'Law Review, 13(2): 763-785, 1994); and WHEREAS, the U.S. Departmt~nt of Health and Human Services Healthy People 2 has as one of its objectives to cut exposure to ETS by non-smokers from 65% in 1994 to 45°/a in 2010 (U.S. Department of Health and Human Services Healthy People 2010, Washington D.C., U.S. Department of Health Human Services 2000); and WHEREAS, sitting in a smoke-free section of a restaurant far two hours is like smoking 1'/z cigarettes (Presentation by Katherine Hammond, PhD, University of Galifornia School of Public Health); and WHEREAS, nine out of ten non-smokers are exposed to EIS at least once every 2 to 3 days (Journal of the American Medical Association, Janua~~?).,998); and ,Md~W ~; :,",~ wi'^";iii„y;' ''c u , WHEREAS, Minnesota Statute § 145A.04 establishes tt~ ° weK~ ~~ duties of a Board ~" of Health to enforce ordinances related to public health>;~~~., !~ ~'iry vyi~'"its .,~k~ ~~~,e~, rye;,,, p~~~',;~~,;ii jurisdiction; and ''~;".' ~~ ° `~~"'i"' '~C~~~~/~~l'i~,,qq~~~y '~{1~~A~j~~''~~n Minnesota Statute § 145A.05 authori es a Coun Boat~~ ~ ~+~dopt WHEREAS, ~~~,,,. ~ ,'• ordinances to regulate actual or potential threats,~t''~ , blic heal '" nd to define public health nuisances and to provide for their pre"V~"~i~~"' , d ""~' ' `~'" +ht~ ~ ~,, ~y ,~„i~ Mfr!{i off` ,!~v1~.y"n~},,,. , i~~ , WHEREAS, after due public notice a hearing~ii* ~~~~~~y. „'4n N vl,", '~r 13, 2001, by the Olmsted Gounty Board of Commissioners,««~ ~, i ,ant:, ~+ ~ innesota Statute 375.51. ~f'~ ICXV l~{ ~ Mn NOW, THEREFORE BE IT RE5OLVED'~i,;~.,at t k~~ , ' County Board of e `~r., ,, ~, u . `" '' ' ~ '~ t ado is the Olmsted Commissioners as the Public Health B,dar t~ .~uOlms ,~ ~i"„ y P County Smoke-free Restaurant OrdinaN ~°~ '" " ",~ ~ m'' ~ounty Administrators office, on this 13~" day, of Novembe~p~20~~ ~~Ei,,~,~ ~°i~",,~~.~;T,yr,. ,. ,: Dated: COMMISSIONERS Chairperson ATTEST: Richard G. Devlin, RESOLUTION NO. 01-102 The County Board of the County of Olmsted, Minnesota, ordains: SECTION A. Title: This ordinance shall be known and referenced as the Olmsted County Smvke- free Restaurant Ordinance. SECTION B. Jurisdiction: 5ubd. 1. As provided in MN Statute§145A.05, tl all of Olmsted County, including the municipaliti Subd. 2. As provided in MN Statute§145A.04, the authorized to enforce laws, regulations, and ordin< area. 1~~~. ,. Subd. 3. Nothing in this ordinance shall within Olmsted County, from adopting rx citizens from second-hand smoke. „?,;i, SECTION C. Definitions: Subd. 1. Definitions in this ~rlPhan.ee,,applies throughout rein" o;,,,;1" .e '~ijFiit3i~,~};~~t''isdictional ~~ ~ ,,,ry . Y,~ loc~l'!`'.~;'i;' Is of government, ~;yi°t1~'I~s.!i~s to protect .,;~.'ii ~, ,~,; li,di'l~' this ordinance. Subd. 2. Bar. "Bar" shall mean'~rt~.~~s~". ~~ment"th„ t a)has an on-sale 3.2 percent malt liquor license issued ~7~hsup,~f"k tC3~}tirtn,, statute Section § 340A.403; or an on-sale intoxicating IigU,vr.;~%aens~~i~'s~ed'pur's'uant to Minn. Statue Section ~,, 340A.404; and b whose'salts~''-gf;t~F~~, ~1'It.liqubr, and intoxicating liquor is projected for an initial licensee td.b~'°„~,±i,4f!s ~~fTlbnstrated for an existing licensee to be -- more than 50%:{percent) of"4h'e;'to a~;of net sales of food and beverages, after taxes that are se[ve'~l;l.ri;;~he:;.taa T~~~sppare the sales reported to Federal and/or State Revenue"'i~t#~~tr7ri$ih~;~~; ''~~~!~„most recent liquor licensing year. However, sales far serviCe'.~b;;, stc~" ' ~r~',I~~i a separately licensed business shall not be included as'i!~art of the% vt~~~~1,,,f sales for an establishment seeking this "bar" classificativ~la„ {ik~± ~,~I;,,,~~,~",p,, '~~~C;p, 4~))~, ~'~tii~~i~,f, Subd. 3. Establ~~h,m~Iht::;E~tgb'1'~hrnent" means the portion of a building, including the'inf~ s''k~'4;16"t~if~, ~~'-I~~I~fypically reviewed, assessed, inspected, and included aS,;p~rt of the pl~h;-~'eview, licensing, and monitoring processes of food and/or bev!~i'~~e f?cilities byi, ~~he,applicable public health licensing authorities. It also incltlr~~;~; in i;~~; base of i~tu1ti-purpose buildings and rooms and far the purpose~'~jr~P;this;~ihanc~;',~hbse portions of the building that are being used far food andl~~P;;~;}k~},'pe s~;~(~s during an event. r.,~,.,, ,,,,~,,:;,. 5ubd. 4. Other PeM~a~~,rrt Charge. "Other Person in Charge' means the agent of the proprietor authorize"r~ to perform administrative direction to, and general supervision of, the activities within a public place at any given time. Subd. 5. Private Club. "Private Club" shall mean an incorporated organization organized under the laws of the state for civic, fraternal, social, ar business purposes; for intellectual improvement, for promotion of sports, yr for a congressionally chartered veterans' organization, which: a. has more than 50 members; and b. has owned or rented a building or space in a building for more than one year that is suitable and adequate far the a commodation of its members; and ~~ ~ .~ c. is directed by a board of directors, execu off' ee, or other similar body chosen by the members at a mee~~, eld , , . at pp~r ose. No member, officer, agent, or employee st{!~ .. '„ ' , y piG.~ +''From the distribution or sale of bevera es to the m r~ ' e' ~' '~~ or their guests, beyond a reasonable salary or wage fiir~, 'd upon each year by the governing body; and ;~,,,, ~"~;,; d. does not restrict its membership;;,~,~~,' ~~lasis of r j l ,~~;o1vr, creed, ~;, ^ ~~ :;,, ,y~ religion or national origin. ~~„ ~. ~ ~ ~ ~g~:~' ~,~ !Y~ Ja ~ this ordinance Any private club's exemptien from the ~ , ,re ~.,,,,, ,~ ~~`~ ~~'°`' ~; ' hed'''~ ~ f "~'d compliance with does not apply when such vrganizatiq{ ~ ~,~~ "1 , this Ordinance. ~ ~ h a ~' Subd. 6. Proprietor. "Proprietor",~, . al '` ` ,arty, regardless of whether or "' " ~ P ~ i~r, o ultimately controls, not the party is owner or lessee Sri ~~ ° blic' .. ~ , ,. governs, or directs the activities ~i,~.iil(~ ~~ ut~!!c p' ~• The term does not mean the owner of the property, un, „ s tl~~,~~,„,,~~,,11~~:g~~palely controls, governs, or ~e~~o,,,.. t~M~' , directs the activities within tHec I~" ~a~ ,., ,r"rm "proprietor may apply to a corporation as well as to arid, ~• ,, ~, ' ' ~kd4;~,,i~„ta ;ate r~;u, r ' ye the meaning specifie in mn. Subd. 7. Restaurant. °'R~staurant ~~~y. ~";~. ~F ~' '' ~~ stau a~~?+ includes those portions of amulti- 5tat. Section 157.15, ,lt ';'' ~ ~{'~~~.rv,p purpose building that'i~',; ~ w~ ~\ ,~,iod:,andlor beverage services during an event. The term "restaurall~,dl~i ~,e ~!i~r~t~tide a bar", as defined in this ordinance. ,Gi~~~p.~,, ~„ ' ,~° Subd. 8. S any lighted smoking ec SECTION 17. Subd. common Subd. 2. Exemptitii places or situations: ng" sh~dt~`,~~1}fan inhaling, exhaling, burning or carrying ~~ ~i~~re~d, other plant substances or other lighted "° !"br in an form. ~" ,,Restaurants: ~'9rii1 Except as provided in Subd. 2, smoking is ,~~{{~~i~ any restaurant and its indoor entrance areas, ;~tibules, alcoves, and foyers. ~" prohibitions of Subd. 1 do not apply to the following a. Bars, including those that are immediately adjacent to a restaurant, provided that the following separations are maintained: 1) The bar is separated from the restaurant an all sides by continuous floor- to-ceiling walls, which are interrupted only by closeable doors, that are continuously closed, except when a person is actively entering or exiting the bar; and 2) The bar ventilation systems are totally separated from the restaurant, with the bar maintaining a negative air pressure in t~„I~tion to the adjacent restaurant; and ~`i~i°m; 3) Whose revenues from the sale of food in th'1~,;`~artio(~.;~~,~fhe r~ taurant are consistent with the definition in this ordinatl,'~~', ~ , a"?~';li~i''~ `'~,;;`, 4) Consistent with Minnesota Statute § 340A.5i~~ TM~~`~' '; 4, (-~~-ai'ti~i'~ bar does ~. ~`; r~ not permit entrance or employment of minors at arV'y,,~~~,,) ,r ~'` 5) The bar has a Food and/or Beverage License, that is se~~;~e from the restaurant, issued by the appropriat~;;~~p~ i~,g agenc~~;ti„!jr;;,,,, LJ b. Restaurants, that are closed to the function. c. Private clubs, except when tl that are not members of the clul considered the same as memb4 d. An event that includes I owned and managed build specific portions of the buil Subd. 3. Proprietor's prevents the proprieto. establishment. " Subd. 4. Comp any exceptions maintained with time tv time, sr:j? Subd. 5. to P a private food or drink to the public °d by members are uerage service in any municipal governing body has declared ~e event. g. Nothing in this ordinance from prohibiting smoking in their with' Mir~ij+~si)ifa Clean Indoor Air Act. Irrespective of i under ai!~~,,,' 'fit~y of this ordinance, compliance must be ljpesota CI~~""~' ~j"indoor Air Act, as may be amended from ~s B'~,~j&arrl;~on False Information. Exceptions and/or false iii', ~"4!fYlativn shall render any exception or variance null and SECTION ~. R'~"s'~"i,`i'n~'ilb'ii,ities'~~~f.~Proprletors: Subd. 1. Rec"ort~~'-~k~~jf'If`t'1 for exemption a. Applicariti5'~fbl',''ftid and/or beverage establishments claiming exemption allowed under Section ~, 5ubd. 2 of this ordinance, shall annually provide, in conjunction with their public health administered Food and Beverage License renewal, a copy of the annual report of food and liquor sales records as provided tp State Revenue Authorities from the most recent liquor licensing year. The report shall be submitted with a form supplied by Olmsted County Public Health and the information shall be provided under path and penalty of perjury. The report and accompanying form shall be the basis for demonstrating whether or not the establishment continues to be eligible for the exemption from the smoke-free requirements of Section D. y~„~~~' s,,;, b. Prospective licensees of food and/or bev ~ d e ~blishments seeking to open such an establishment, with an~A,~~~•9~N pti ~~~m tt~.~ smoke-free requirements of Section D in this ordin~'N,Y; i;`'~- j,rovid~~'„°'bsjry,otarized affidavit and agreement in conjunction wi 1~ • ~,1 '. - - icy ~' '-'for initial ,~,,~ ,,~ Food and Beverage License administered by Phu ' ° ~ ., , . The affidavit and agreement shall sho xhat their busine~`~'?`, ~'n projections indicate that they are eligible for.~'~~'- a mption ~~ .that they will ~ ,. ~~..,, +,ri~.; convert to a smoke-free status if th ~~, ,.,~in~+ ; , after six calendar months of operation, that the - ' ~ " ~ i ~"tt ~~ ~ or continued exemption from the smoke-1~ ya •, en ` ;'Ordinance. w+1 ,, " ~? 5ubd. 2. Signage. "'~,, G „; ,° a. Where smoking is allowa 'n "" `a ~ ~ ~^ a club, ar a facility in which private functions are cra`, , ~ ty~" r, or other person in charge, shall conspicu ' , ~~,' ; ' ~" + n ~1 entrances to that area or facility stating one o , e 1511 .Y~ ~ ~ ~~~,,, 1) "This entir .%, , a ~ ~e'~~gnated smoking area" or 2) "Warning "~",~ 1~, ~ "~~" ~~~~ bacco smoke, which causes cancer, heart ~~a~,~~`~~~ '~ase, and can harm you, your b. If a bar, privat~'cj~;. "'~„~,"'~~ ~ which private functions are conducted has ~q ~'~~4 ~ ~ ~~'~eas and a designated smoking area, the proprj` ~or or o ji~ ~~, h in charge shall conspicuously post, in additiohn"",` ~t~i~se mes~`°"` a~~quired by the Minnesota Clean Indoor Air Act, sign~~{j~fj,.,jnitial entf~t,, ; "°ints clearly stating, "Warning -This area c. T ~' ;p,~,roprietor~~' ~ ?Iso clearly indicate those areas inside the bhsl~ent w ' ~ l~ oking is permitted and those that are smvke- ;•jsj;, , thr~a h the us'"signs required in this Subd. 2. I, ~,,,~.~,. r~~ ~,~-~ ~~~ta ti y # er person in charge of a restaurant sho con~~i~~~~). ~~ a sign at all entrances to the restaurant stating: "This entii`~!' ~~~'tilishment is smoke-free." The sign shall include the ,~ ~~ ' universal no oking' symbol. e. The placement and size of lettering for all signs and symbols required . under this Ordinance shall be consistent with the Minnesota Clean Indoor Air Act, Minn, Stat. Sections 144.411 to 144.417, and the Minnesota Clean Indoor Air Act Rules, Minnesota Rules, Part 4620.0100 to 4620.1450. Subd. 3. The proprietor, or other person in charge, shall ensure that ashtrays, lighters, and matchbooks are not provided in areas where smoking is prohibited. Subd. 4. The proprietor, or other person in chart smokes in an area where smoking is prohibited 1 the person does not refrain from smoking after b the person to leave. If the offending party refuse handle the situation consistent with lawful metho acting in a disorderly manner or as a trespasser. Subd. 5. Compliance After Adoption: .~ a. The proprietor or other person in r~ i~ (thirty) days after this ordinanq,~'~.i requirements. ~~i~;~l~~ ddb u' ! 't b. The Public Health Director,j, ',i~,' completion, after considerii'i"~;`'~ -that includes a detaile ,~j ~ I~~i$ Director finds to be rea,~%~ ~rt ;rw c. Such extension, made°'dt~'~'~iC11r more than 90 (ninetty~ daysi~~~ --, ~ . subdivision shall b~*'~w~~'~tdin'~. SECTION F. No Retaliation: No person shall disch~ retaliate against any e~ such emplcyee, applic alleging a violationMof t SECTION G. Violation ' ifpGq'q,;,, ' ' ~ji~"t'~it~i'Y~~~~~~;,•. i' ` Consistent with Mi ~' ~ t. 5ectioYf~ld~,'~5 ~! ~ ' ordinance shall,'.Ib'~e~~~'}~fw`Yi~+derraeanor. ask any person who from, smoking and, if ~~,~~ ~a'''do ~~, shall ask rt~'~~the odf~f~tor shall persons up to 30 u extend"''the time for s written request for extension eed -that the Public Health n, shall be limited to no that authorized in this appeals process. ;e to serve or in any manner mployment, or customer because a report or files a complaint and 609.02, violations of this SECTION H. Excel' tions A 'i3d' ~, and Resolution of Violations: Administr~t~k~V~il°of this ordir4`' ,' ~ p including guidance for, challenges to, and penaltieS~~',,',~~`ll 6.~,~~~~ordinga• r~2fhe authorities provided in Minnesota Statute Chapt~~V~;1;~,, ~,~, i W appli • h~~ Minnesota law, and the Olmsted County Environrrie., l., ce ' ,~' inistrative Ordinance. SECTION I. Severabili ,iV~~vin s Clause: If any section or portioh'i5f this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdicticn, that finding shall not serve as an invalidation, or affect the validity or enforceability of any other section or provision of this ordinance. SECTION J. Effective Date: This ordinance shall be in full force and effect January 1, 2002 pursuant to Minnesota law. Dated this 13~" day of November, 2001 BOARD OF Jean Michaels, ATTEST: Richard G. Devlin, Clerk-Administrator r~ L MISSIONERS Vi ; , a,;, ~ ` ~ ~ ` ~~s;, ~,# ;~;~,;; 9~,cj~!^ ~ ~,,~ i : `~~~ ro~~;,, ,,„ag;;il'i ~~:,,, ;~ ~ fix. ~J Resolution No. • WHEREAS, nvn-smoking sections in buildings do not eliminate non-smokers' exposure to second-hand smoke (U.S. Environmental Protection Agency pffice of Air and Radiation IARC Scientific Publications 81:25-41, 19$7); and WHEREAS, carcinogens found in Environmental Tobacco Smoke (ET5) are causally related to cancer. It is estimated that every year 3,000 non-smokers in the U.S. die of lung cancer related to ETS (60 deaths in MN). To date, over 50 substances in second- hand smoke have been identified as carcinogens. (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); WHEREAS, annually between 35,000 and 62,000 non-smokers die in the U.S. (700 to 1,240 deaths in MN) from Ischemic heart disease related to ET5 (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); and WHEREAS, each year 9,700 to 18,6D0 Ivw birth weight babies born in the U.S. (190 to 370 in MN) are causally related to ETS (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); and WHEREAS, annually between 1,900 and 2,700 deaths frnm Sudden Infant Death Syndrome (SIDS) occur in the U.S. (30 to 50 deaths in MN) related tc ET5 (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); and WHEREAS, irritants in ETS cause 150,000 cases annually of bronchitis and pneumonia (3,000 cases in MN). Irritants also cause 700,p00 cases annually of middle ear infections in children in the U.S. (14,000 in MN) (U.S. Department of Health and Human Services; Health Effects of Exposure to Environmental Tobacco Smoke, 1999); and WHEREAS, ETS rapidly diffuses throughout a room. Using indoor air quality standards, ventilation rates would have to be increased more than athousand-fold to reduce cancer risk associated with ETS. Such ventilation rate would result in a virtual windstorm indoors (Repace, J. "Risk Management and Passive Smoking at Work and at Home," St. Louis University Public Law Review, 13(2): 763-785, 1994); and WHEREAS, the U.S. Department of Health and Human Services Healthy People 201p has as one of its objectives to cut exposure to ETS by non-smokers from 65% in 1994 to 45% in 2010 (U.S. Department of Health and Human Services Healthy People 2010, Washington ^.C., U.S. Department of Health Human Services 2000); and WHEREAS, sitting in a smoke-free section of a restaurant for two hours is like smoking 1 Yz cigarettes (Presentation by Katherine Hammond, PhD, University of California School of Public Health); and WHEREAS, nine out of ten non-smokers are exposed to ETS at least once every 2 to 3 . days (Journal of the American Medical Association, January 1998); and WHEREAS, Minnesota Statute § 145A.04 establishes the powers and duties of a Board of Health to enforce ordinances related to public health for the territory within its jurisdiction; and WHEREAS, Minnesota Statute § 145A.05 authorizes a County Board to adopt ordinances to regulate actual or potential threats to the public health and to define public health nuisances and to provide for their prevention; and NOW, THEREFQRE BE IT RESOLVED, that the «INSERT CITY NAME» City Council supports the McLeod County Board of Commissioners in adopting a county wide smoke free restaurant ordinance on this «DATE» day, of ~~MONTH», r~YEAR». Dated: «INSERT CITY NAME» Gity Gouncil «NAME», Mayor . ATTEST: r~NAME». Clerk-Administrator u M E M O R A N D U M T'O: Mayor Torgcrson and City Council FRQIk[: Ken Merrill, Finance Director DATE: January 27, 2004 SUBJECT': Purchase of Four (4) Isuzu NPR Cab/Chassis, $idder Selection Bids were requested for the purchase of four Isuzu NPR Cab/Chassis. These are . hudgeied truck replacements liar three trucks and one car. Two bids were submitted. Mancy International, Inc. had the lowest hid of $27,355.00 per unit. John Olson has revieweJ the bids and recommends this bid be accepted for the purchase of the trucks. i M1NU'1'ES BID OPENING PURCHASE OF FOUR (4) ISiJZU NPR CAS/CHASSIS JANUARY 26, 2DD4 Present: Ken Merrill, Financc Dircctor, Sonja Muellerleile, and Sandy Fleiscbanan, Recorder Ken Merrill called the bid opening to order at 2:05 p.m. Kear Merrill dispensed with the reading o['Puhlication No. 7143, Advertisement for Rids. The following bids were opened and read: Com tui Bid Maney inlemational, inc. $27,355.00/per unit -State Truck Center $28,200.00/unit I & 2 $27,8UQ.U0/unit 3 & 4 The bid was refwTed to stall' f'or review. It will be before tlxe City Council for consideration anci awardia~g on January 27, 2004. The hid opening acljourncd at 2:15 p.m. Ken Merrill, Finance Director A'f`1'ES'I': Uary D. Plotz, City Administrator L J ~dOH ®~~ auwsnaa aoa•row x.~a~: rnoaiaxva ~~IA2I~S .~.~®da~r 1zanuu~ ~~~~ Q ~ w G p ~-' N ;-~ x " ~ a ~WD~ 7in~ o v, `c c ~ n ~N°. ~ >_ ~e~ n o' ?> 'r~LS9-SGZ -4Z£ a~0.1. `0 id I-Z6G-Dd8 ~OS80-S£Z-OZC xe ~aarJdO tlOV ar{1 wml allieaa u? pue `adel aapne uo `n~ud a$~e~ ^i a~gv~iane so umkeu~ln~}m siy„t, ~ia,Go~dina uo3lse anpeulli~r. 'diiun~oddo tenlra ue si puzepea}[ .aa3~u sECU11cM ayk aaeiuao p~nays voioau43'o pJEa~, s,puelkJeald vo oninxas u~ pa7saxaku? avo~Cud, dal JOkaaS ajen[xd - ~nE'f kEd xaxnseaxy `daJ le?a~o pataala - isasla?xyE°j anEq dax awoavc Mol -lxo~afry alaWEd 3 l~j a~,' xrey~ aaz_A `dax Jokes aken?Jd - vos7a,~r pinEQ dax le?agda patoala - ~Cu'lona~l gdlE~ dax aviaaur x.ol - vadp ~ . tunas II. aunia gY2Y daa Jokaas aiee?Jd - Ja~IV as~!uaQ, dax leia~tko pataala - a>Izln~ vog dax acuoaur ma'I - xageg sEEp~t ntvno;} aaxlaaYV dax iokaas akenrxd - splaiyg vaamayh Jiey~ `dax pEioy;o pataala - asoQ uinla'y~; tiJe7axaag `dax auraau? mol - va5Eil5uy}l azxEyo;~ ivn®3 pnvgayi; ~7aua~6o uo~;oo ~+un+-uwoo ~~ i R f^ e~~71F1~a~~ The Mission of Ieartland Cormrzunity Action Agency is to i»rprove and provide r3pporrunlties and resnw•ces far people in economic need fo help them fieco+ne self-su~cient and improve their qualitt of life. Administrative 69ffices 409 19ih Avenue SW L41 Vesta St- S. Willmar, MN 56201 Cosmos, MN 56228 (324) 235-4£350 (320} 235-0850 1-800-992-1710 1-840-992-1710 Fax:320-235-7703 Fax:320-877-7483 TDi3~ (320) 235-$570 Qutreac€a Ot~ces 305 Main Street S 223 I~"orth Sibley P.O. 13ox 44 Litchfield. MA"v 55355 Ilutchinsou, MN 55350 (324) 693-7991 (324)587-5244 1-800-770-408% I-804-829-2132 Fax:320-693-8453 Eax: 320-587-2677 SOQ ~ DeYve Avenue 449 19`" Ave SW Olivia, MN 56277 Willmar, MN 56207 (320)523-1842 (320)235-0854 I-877-523-1842 1-800-992-1710 El7een D. Wallace, F.xecutik~e Director If you are interested in making a , contribution or volunteering with Heartland, please call any of the offices listed. Thank you For your i support! ~ # of People We Serve Head Start -families 40] -people 1,483 I7isplaced Homemaker Program 128 Family Based Program/HUG Healthy Beginnings Self-Sufficiency Counseling/hSS I5 Section 8 Rental Assistance 7,404 Energy Assistance 7,.191 Weatherization 316 Housing Counseling 605 Housing Ownership 25 Housing Rehab 15 Foreclosure Prevention 349 Transportation Assistance Program 22 Transitional Housing 13 Homeless Assistance 135 Outreach Program/'Crisis 28,772 R.5.V.P. 406 '1'luift Storell4oliday Project 8,.$99 Crisis/Emergency 680 57°/ of the families Heartland serves have income from wages 16% of the people Heartland serves have no health insurance 43% of the people IIear[land serves are under the age of L & 11% of the people Heartland serves arc over the age of 55 65% of families Heartland serves have income at or below 100% of the poverty income guidelines ~-w w ~~ ~r~+~~ ep ~e.r-+rs+is (More Information Inside) dot xokaas akenud - uadp „ dax Irtpr~o pataala - vaspeyV vElxEEI dax ai.voam mal - layaax~t iu?~ ,, tuna~~ncpu¢~ szd®.1.~~211a .~Q clatvv~l ~aaz I'eaple Served C®ntinued.,. 26.4% of the people Heartland serves are Latino 30% of the people Heartland serves are people of color In 2002 Heartland served 3.2,5$2 people and 4,] 97 households ~unduphcated). OUY M~I10r8te i5 tt) eliminate p®verty! ~®PE In the Tall of 2002 Heartland leadership began training to develop a Transformational Plan. Our ldelp Overcome Poverty Everywhere (HOFJ=) effort is to engage our communities in high impact strategies to eliminate poverty. In uncertain economic times it is important for us to remetnber that all of our neighbors have something to offer to the community- Heartland's HOPE Plan will he ready in the fall of 2003. Become a part of our efforE io support healthy, thriving families with educational and employment opportunities; communities where all people are valued, and all members contribute to the health, vitality, and energy of the community. The Heart of community action is justice! 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(r~'~a~ ~~ ~~~'~/~ Iai~k~q~e° ~:l~u~aaa lac ~~~~t~~gC:~~~°v~~a~ `;t>~~;~~) '`~~ ~7~J ~~~ .~ ''~";, ~ .t ;~1~_:~u.,~~i,c~lc~~ ~v~i~&t catii.~c~la~~~r ~a~,t~, ~ t ~:c~-} ~" irf,t~.r~~. ''~~' fi~:ro ~~r ;~"7`Brc~ +~f °i~ ~t~ >,:iu ~l~l~~ °,~ iila ~Gri~clr~;€r ~:r~:, ~a~~~b:at ~;~i ~-i;t ~t~ra~:~~~lr~~lcr~. `~ ~~,,~a~ ~~ :~'~).5~,~, a~i" ~~ttrrili~~ ~1~,`.l i ~1~~_:i~ I',~ ~~t~~s. ,p~ ~,~f~ ~~r ~Cy~;fu {~,9"`~~~ali1'icl~~~~s 1'~z~v~ atu ~a~~.~l:lg ir~~~~g~~~~ar:~~:. ~' 1,47 r ~ ~.~~"'r"m ail ~~~arili~.s ~a~~~~ i~ac~rx~e i~c~~~a~ ~r4~~;~~~. ~"~"~~m:~ is ~~ igra~~e~~5e oaf ~r ~r`~~ ",,. 1~~(~ ter ~~~% ~~v~ ~~~r: i~ac€~zr~t; dr~~~ra ~u~ac~, `'~" W3 gar 1.~~/~ c~f~'~ar~~ili~:s m-~ce~~r~; ~,I! i~' car =~~~~~~•~a~ ~'~s~i~lrrc. ~,4'~:~3 c.~a' ~i~% c~i`9::~~~zaili,~~' i~~~;a:arr~~ i~ aY~ .~4:D~:i`l~ ~k`t',~~~ ia~;~~~~~-t sr~,e~tt~~; ~~i~~;~ioroW~~' a~;t~` i~s~. ~~ "~ air :~`~/~ ~ ~K~~aaiii~ ~~~~i+~c~ Fa~c~~i 5r~~3"~~~;. (~T~ai~ i~ :eta ir~~:r~~ ~~ ~~°~~"~, ~~(~l~t~~b~~~ae~~~is ~~;~~~r~c~ _ ~,7 ~7 ~a~~~~~~l~~a~~'~ _ ~a~•~ ~~~ "'~/~ c~a ~a~~~v cif"t.~~ r~~a~r~;~~l~r iq~~~c~~a ~cic~Rira~~. ('~~a:m~ ~ ~xra ~aa~°r~~~~ f4~~~,) ~Ira~~,se~aalil i~ ~,J 1~~ x~"~~~t~-k~' ~nc~~,t~~ ~~ui~tc9i~~~~~. ~,~4~ ~p$~1 ,1.,~y 4~ ~Ay~. ~p{yy~ti..A'4~..h~p ~b'r1p gV y~~~~.yJ,,. ',L. 'Lpn~ y. ~h ~'4.A.. ~~~ i~}ii ~~ t~ ° ~~, _-~... ~,7 ~a~7 ,d~t~i ~ Per ~~abs ~!`~. 1.::~a~l~~~c~r~ :'19~A,~'~'~4~E rrc~ylG~ur~•agir q"r9tur~ctic~m~ A.~h~uCe~~}~gs'+,Fact Sh~~ts - 4:~xat~'~q-9+~aatlar~r~ I~~c:R ~2 X7:4 N;~nc~iy~taNai 4~"~uw~,ty„w~rcY ~:1~~t~-tlra~sr~" t °r~1~~~rr~.~a~~i~g, ,~(~:~tt °~ r _,: ~ ~~, .~ra~~. ~~11~1~1~~ /~~~" 1~~'Ey,E'~~C-f~~l" ~~"I,~~~~~ ,. ~... _ _ ;,.:~ ~i~.~~tla~~cl w~~~u~,ci ~,'~ld.} ~~~~~~~~u ~~~~ l,(~'~~ ~~r~~r~r~~l~is~ ~vi~i~fl~ i~ 1.:, , ir1 ti~~ t~rt.~~~ i~ y~x,a~el~;:a1~~._ ~-f~~~r:~~~~w~s~~;l ~~;r~v~s, 'w' 1 „`?~ car- ~~t~"~'A~ <~rl.d;~~a~ ~~~«~~~ca ~~~~ ~.t9 d~a°a~ t~d~~~~a°:~,. E ~. `r T(~ ~ar° ll=~.~~s4~ try t:6~~ ~~a~p,1 - ,~._, ~. rt r,re ~~ 0.r:r~~~! c~~~,~~°. ~~' ~(i5 ~~r° ~.1.'~"~i~a cat"t1~r~ z~~~r~~ ~~rvcl ~,. t,.~~.~~~~ ~ ~c~l~r~, :? air `"~'~ s~,~°c; ~~~` Ii%~~~<r~~~ic ~r~~~;i~~. ~ t`tri:~ %~ ~~z ~zmct~~s~ ~f ~~/~~ ~~~ f~C~ ~s~ ~:~~~ t ~~cr~~~~~~r:~l~l~ ~~l~ ~1~i1~~~~z~ ~~v~. °~ ~r,~c•r~t. ~"f'~r i:~ ~~r~ inc~-~:ts of ~~%x "~~ ;~:~~ gar ~v~'~"~ ~E'~~~a~sr:~~~~i~ ~~°itl~ ~~ildre~r<~~~- r~~~~~.~~ p.r.r~r~~ (a.c~~rsc;l~~~~a~s. ~.;~ ~a~)~ ~~~ 5C~"'~~~ ~~ 1.ililfl~ir•~ ;-~:~, rr t[~~i~m lr~r~r~~.. `~' ~ ~~~° l:a.'~'~ gat ~~~r~iw~~i~lu~~l~ :l~~v ~~c~ 1~;~~itl.r i~~sza~~~ (f"I~~~ ~ ~ c~~~-~~t.~~~ I ~r ~°~~~~ ~ai`l~c~~~l~~a~8~s ~rrr~ ~~c~aYals. ~"f'~~s is ~~~~~ fr~r~n ~~~e~~crr~~~ ~`~~~~° '~I car 5~i% crf ~~~~rliu~ ~:u~r.~ ira~:c~t~~e ~"rc~i,~ ,u~"~~. ~'")~i:~ ~~ Ica i~rr+~~s ref%o~ `~~~ X1:3 err 3~'~ ~~~e ~rr~:~ ~~~ur~~~ frm~i ~~r~. r~ ~"~r~ i~ ~~r in~r~~~ ~`'~,~'~~ `~' . ~ ~ i L.~^'~ ~r~"i:~~~~i~i,«;s r~~;~i~~ lr~ ~r~ 4~X~~•afl .~~~~R~c~~~;. '~~' t~~ G~`;~~ ~~~`~~~rl~' ir~arr~~ i~ t 1~.~~~r"~ ~rf tt~r:; ~,w~ert~r i~~c~r~~~ ~ar.i~eli~a~~ ~~ ~~s. ~~;f' X55 r~ w~.C~~"/~ ~ai~ i~~.r~~ili~ r~c~iva:; ~°r~c~ ~~~raa~~~. ~;~ 4C~~/~ c~f~a~:~c~h~l ~c~r~d - ~a:aseh~l~ ~ ~~ "~.~~ ~r I-~~~~a ,~~ cry ~~ ~r~~~~~ir~~~~~ ~a~t~~li:r~ ~`~`~yas ~s air it~r~~r~~ rf ,°,~~,) H~~s~lx ~"~e 1 ,~ ~1~ ~"~~Te~t' _ fnc~me C~udel'ir+~s ~$ 8,~} l `~", ~ `~ l ~i 1 ;4~ ~,4 4,t~Q I~~~~ ~~F 'r~~t of ~i~vit ,~. ~, ~ `~' 33,401 ,7 P~~° J~a~r~ +~v~ul~t~~w ,_,_,~~~~~:,~,~~l~a~;-~~~. ,~~.,r<<,f~t ~,~;ai_ r'~,i~. :~ 1~I~tl~a~t~"~a~~rv~~1~e1e~a~~C~aa~sua~~r:w~~a1 ~ ,~' ~.~ "~ `~ aka ~.~ ru ~"~'~ `~'~ ~?'' ~ ,~a c~ ~~~~ .~,~~~~,,,~~ as ~~a„, ,~ ~„ a ~,~~~~'' a~ ~ asp ~ °~ ~ ~~~ .~.~ ~,~~,~ ;~ .yam „w ~ wow F 1~+¢ry1 ~~y, ~r`~yf ~ ~ ~~ ~' ",a ',~ ~ ~ ~ ~ ~ 4J ~. .r~M ~ {~ « ~^' u~. y~,.~~~y '~" ~ +A*i Ad" ~°'r 1.I i wYi nY ~ a~r~r^ ~' ~ ~ rM "~ V~ ~ e,IPy ~riW ~1! ~ " ya. mm~l '!...+' wW O 0. ~- w~•ri "~r.v+' '~ ~, ', x ~ ~ ~ ~ ~ ,~ ai ~ a~ .~ " ~ ~ ~ ~ +~ ~ ..., pro '~ .~ v cta ;~ ~7 ~ ~ a ~ '~ ~' ~~ .~ ~ "r *'' G ' ~ ~ .~ ~ ~ u. u a r~ ~,, cs ~ ,~ ~A '~ ~-., to ..~„ ~' ,.~ "~ '`~ ~ ~ a I~~ ; -"~ ? ~ ~ ~p ~~ ~ spa "~ ~^^+ ~~ ~ p . C/1 ~ +~ "~ ,~ KSa •.., cU twe ~, ! rrr .,~, '~G ra ,~ ~ ~» ca, a rF3 ~ ~ . ~ ~ re~ w""i . ~ ' •..~ u i a ~~;'- ~ x. ~ ~ ~~ ~a "J k" ~, ~" qa ~. cia . ~~~ ~ ~ ~ r ~--+ cx Y4 ~ '"" ~ ~C19 d ~ ua as ^" ~' .,, ~ , .~ ~r, any av "~ L ~ ~y ~ ~ ~s .,..... ~ ~ °'~3 ~ ~ ~ ~ crv5 '~ ~5 ~3.w t1Y~ . ~~ ~~~ _ n~`. ~""" ~ :ter C7 ~ ~. ~+' ca ~ ~ °~ ~ ~ ' ' ~ C? ~ ~ ~ CF? : Cfl Ew ~S5 ~ ~a c S3 ~ ww ~.t . ~ va •~. ~"~ ~IIMM ~' 110 Gs ~ . ~ M;, r ~ Cll , ~:.~ 'g u~ d~~;y c7....~G~ yL 4 '"^' ~p ..:. ~^ ~ !^s va vy ~ ~~'~,~ as ~:, ~. 4.a cra .~-* Ct~~~~ ts,G ~ ~ KU , ~ ~ ~ "~ '° ' ' ~ ~ ~ , " ~ ~ ~",7 .~ ~ ~ C2 sC ~ C~ ~ rra cci ~ ' ~ ~ ~" " ~ ~ ~ ~ ~' .' era `" `""~ C7 +J ~ ~~ , C7 " ^J C9 Cwt ,,.,, t~.„ ~` ^*.~ ,wa ~ -: ~ p .„~. ,:" " d:? .w ~~ ~ M ~ ~~ ~~ L ~ J7 r~+ ~ !' 6'"C$ ~ •Lwn. r~ (~` ,h.? 1 ~d`I h% P„J __i" G ~., _ . {'~,+ ;~) rte. ~ ~*" ~""'.y ~ ~ a-., to n:dm cd1 ~ ~~ 1 T.~dP.f C+,'r "~" '„~~ c~ O ~~ ~-C _~ O O d ~~ O O y ~-C d 0 ~-C O C ~i n ~, ~+ V ~. 1 z w U U x a a 0 w A z 0 c7 w cG f i ~~i/ ~' .~ ,k•~ ~`"` ~/ W ~ 1~ •~ r~ ~ ~ ~ ~ 'n ~ ~, r" H ~" wo W ~ ~ '~ ~ o :.... a~ bA O ~~ ~, `w .~ • ~~ *~* y c~ b c ~ i ~ • r~ ~ y1 y y I~~i r O y Y r +cD ,,~. ~L ~.~Q "~ ~' '~.~ C~ ~'D ~ ~ ~ M--~ ~ ~. ~ ~ ~ ~ ~ '~' "~ ~D ~• ~+ C'~ ~ ~ ~~ • r n z z z z v r .. y O b O C '~ H ~C H a w 0 a w O ~'+ E~ a F z V rr ~ +~ ~r^~ ~~ •~ r~ L O v C C 0 O ~O N (~4 L ~ ~ O ~ O ~ ~ ~ ~ ~ ~ 4~ ~ O ~ ~ C Q~ ~ O O O ~' 00 6~4J ~, C~ ~r ~ Lr ~ T G~ O v .~ ~ ~ ~i c~ ~ ~ o ~ ~ ~ ~ ~ ~, o ~, ~ ~ 0 ~t ~. N~ .,..i #~ .~ .~ :r AA~ hit Q~ y r~ 0 ~..+. ''~ -.••~-. r~ ~* 0 n ~. r-+ o--+ ~' ~.i~ ~d 0 ~~~ ~ ~ O rr- ~~ ~ • ~_ b ~D O C i~ ^ I~ ~~ l~'F !"~- n I~ • td y r O V K A~ i A~ C ~D ~--~ f7 O ~I- ~• ~. v n z y r y ~C O b O C t~ y H a w O a w O E~ a H z • w ^ • • s r • r N ~~ 7 3 .~ ~~`-' ~, .::. ', r ~~~' _~, s ~- ~; 0 A ~` C/] ~ ~ ~ '~/ / !~^'~ ~ ~ /~ ~ ` .1/ ~~ !7, M 'i,. ® t r ~ , "'~f ~"'~ '+"+ ~ ~ M i •~ "~' •,~ r~ Imo[ . ,.a ~--- t-i--~ ~~ ~,./ L 1~ 1~ ~~ ~1./ .~ ~/ .~ L./ ~~ .~ ~~ U ~""'9 s, !~'~ f~ V r~ ~''~~ ~~ . ,*~~ 1"r .~ V -~ ~~ ~,.~I R~~ V ...r .~ • ^P11 ^~ ~iI +~ Rs ~r ~ ~ r~r~ V~ ^ 4 ~* ~, ~/ ~~ ~• I© I~ ^ M~.~.+ ~~ ~~ ~~ ~~ l Yr 0 ~ ~ ~"f C`D „r,~ ~ ~~•~" h~ lT ~~ ^ ~+ i n w [~V{I I~ ~~ I~ !^'~ i~x [V ~~ C~ Z H C~ H 0 b 0 c z y z 0 H U a a I^^I ~~ C~ ,"~ ~ ~, ~ •, ~ ~ ~ L ~ °~ `~ ~ ~ ~ ~ ~, ~ ~ ~ ~ .~ ~ ~, ~+ ~ ~ v ~' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ;~ ~ .~ ~ ~ ~ ~ ~ ~ ~' ~ '~' ~ ~ ~ ~ "~ ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~- ~ ~ ~ ~ i••i • ~* ~~ t M~ • C~ '~ i ~• iC'p ~+ ~...+ r:~ n ~, M^~I. ~+ !~` V ~r ~~ ~~ • r~ b C~ n y O z W V z ¢' x v a 0 w W d U ~_ ~i7 shy 0 O t~ ~.YI z O M~~I I~ i ~ i~ rr~ ~" •~ ~ ~ ' "~ •~ "~~ ~ ~ Ca ~~ ~ C~? ~~ ~ r~M ' ~ '~ ~ ~ ~~ ~,1 ~ ~ ~~ ~ ~~ ~~t 4~ n • ISM i~ C/~ ~ ~ ~ •^I r~l ~~ ~~ ~1 •~ • ~ "~ ~,~~' r w~+1 .~~y i••l n a ~I ~~ Q ,~ •~ *i • ~. rS~ '~' `F.a ~i laac~~rr°1lcrncl C'r~rrrrrrtrrritl~ <~1c1c~~~ ,~ ~tEanc_~~. Inc. ~~ Hf)1'E 5'I"I~~I~L,~:1[ry I'I,~~?-N ,. _ r~ rs rr No~~e~nal~cr 24p3 ~~1~~ ~ ~'~~~~ ,u~--' 4 ,If C~CI-r ~~~~~ lvl<IS,sI~~~v: ~-~~~ Tc~ eliarainaate po~~ertr~ i~7 C~andiyc~hi, McC_,eod, ~v'Ieeker ~antl Ct~:n~-i1}e cattnties. A11 people ha~•e enoaz~kt a~~oa7ey, a~~canin~ Arid triea~cls tc~ tlri~e; all con~rnwiity n~enthr~rs thri~-e, con~anatnities are fu11y cn~a~ed ia~ eate~ial~ pove3•uy; the Agency is a r~;spected, credible cr~niatluraity Ie:acler en~~~ia~~~ thL. entire cc~nu~~~uiit~° around care ~°alues nl,'na.~rturir~~ healthy, ~.ibrant incli>•iduals, taanilies arld cc3mtzat~rtitics. I-IICII II~II'AC"I' S'~ It.~TF_,C~:II~: C~stvmer I3tr,t1(l relcrtaonshtps act~oss class and' race lutes to het people taut of p~vcrty. ~Jutc~ome Statera-tents: • }~ar-nilies ~~•~il! t~~c~ve c~tat L~fi`1~ar~~rty. • `l•C~e rr~inclset c~I`the cot~~rnunity ~~~iil change. • A sense oi-con~rrtunit~:~ ~~i}4 Yee 1_~uilt. _ The c.~rrtaraurrily supports aniaaority polaat}aticrns. aStren~thert cur~r+~nt capacity rtnr! 6uilc! sarlrstantial grew cc~pctcr'tes in the camtnunities tct ensut•e all lnw~itzcr~me c:hlclt•en recer`ve a hilt rluality+, well t•vurtcled ecluc~rtin~t t~ greet their future ~t~.yecls. Otttcc3txae Statements: • Cducationa} achievemeait caa~'t 17e predicted kay tarnily econoaraic status. • C-li~l~ quality early r}ailc~hna~rl clc~L~lnpan~nt pr«~x`ern~s ire. ~E~ailahie to lr~~~•-i~~cc~rxa~ pr~pulatiatls [l-5. I~c~cal, state, anel natia~a~al ptzt~lic pokey suppr~rts I-}~;artlartc}'4 e,tiucaticanal stra~c.~y, F-€eaa-tland's ear}r~• ehilcthoncl cie~.~elt~prn~nt ~r~~a•an~ts are ~. Ivcat anc~ state rnc~del fr~r rtaral early child}aood pro~ratnirz~;. ~'trctxgtltet~ ntrcl huiCrl capacity tltrauglt pulil"ic pnlicy a-tr~' ~•esou~•ce clevelc~pnrertt to assure all lr~~.>-incatne per~ple lrtrve safe, livcrhl~, rtf~nt•clcthle hr~u,sit7~. [ltttcome Statct~~e~~ts: • All low-iraconae families ~~•ill hau°e c~ecea~t, stable, at~orclak~le l~c~t_isiiai~. • City, county and stag public policy reflects a full corttmitaraerat to providing decent, safe, and affordable ht~usia~g for all l~r~~-incearae residents. ~]`~ 1 Ir~terr'~~B 13urlr! ca ~t~r~t~g~:°-focirS'~jcl o~~rraari~rrtio,rt rv~tirc~a acts crs cr ccrtcrlyst tQ c~la~rtr-~crte ,pn r~erty~. {~utcc7r~le tatetrrents: - 1-l~artland staff are s~Cilled a.nd lii~l~l~r con~pet~nt, cnmrnitte~l, ar~d ~an~p~titi:~r~ly cnrnp~r~sated. • Heartland gill have suffic-er~t resc~r_trces tcf fully inaplerrrent high irripact strategies. • Heartland's relaticsr~shi~s «-ith funders, partrbers, col~al~arat~sr's, and vcndc3rs are characteri:~ed h~~ inte~;r•iity, prafessiea~xalism, a~rrd creativity. • Heartland's structrzre, ~c~licie5 and practices align with the ~~ency's n~issic~n, visivrr, ~~alurvs, Arad lti~h itrs~act stt'ategies. • ~~,11 strategy irnplemerxtation is l7ased nn hi~l~ quality data c~llec:tion, analysis and distribrrtic~n. LeadershiplGa•vw#h ~ev~Jn~ ~r ~kllecl, c~ommittecl ~~`~~P n f ~ fert~'~rs to end ~r~verty. (7tztcnme Statements: • H~ear~lat~d l3e~ard, Pnlicy ~crrrncii, l~.~lvisc~ry Cc~rxrrnitt~ee n~rernbers, and staff are cammitted and equipped to lead chane_ • H~aa•tlt~nci's 1~~~--it~c:nrn~° tanci cn~nmtrnty partners are cerrnmitted and egripped to lead change. 1!13'f)3 €r'~.t)A`~'~i'~.[titanat;eanvnt Te~en1~C3F'T' T~~rnllh'~rl< lalar~'~~.f~()C't° ~Iratt pl~en.w~~d