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cp05-27-2003 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 27, 2003 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION-Rev. BrianBrosx„ Congregational-UCC 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF MAY 13, 2003 Action -Motion to approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. CITY OF HUTCHINSON FINANCIAL REPORT FOR APRIL 2003 2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM APRIL 15, 2003 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY MEETING MINIJTE5 FROM APR1L 15, 2003, AND MAY 1, 2003 . 4. HUTCHINSON PLANNING COMMISSION MINUTES FROM AFRIL 15, 2003 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 03-343 - AN ORDINANCE GRANTING SONORA'S MEXICAN RF.STAl1RAN1' THE R)~HT TO PROVIDE A SIDEWALK CAP); LOCATED IN THE PUBLIC RIGHT OF WAY ON 2 AVENUE (SECOND READING AND ADOPTION) 2. RESOLUTION NO. 12177 - A RESOLUTION AUTHORIZING CHARGING FOR MISCELLANEOUS SERVICES AT HUTCHINSON POLICE SERVICES (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS RAVEN WOOD WEST AND REZONING THE AREA TO R2 SU)3MITTED BY ROGER DERRICK (ADOPT RESOLUTION NO. 12184 AND WAIVE FIRST READING AND 5ET SECOND READING AND ADOPTION OF ORDINANCE NO. 03-339 FOR JUNE 10, 2003) 2. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY B&B PROPERTIES FOR OUTDOOR DISPLAY AT L&P SUPPLY LOCATEI] AT ] 470 SOUTH GRADE ROAD (ADOPT RESOLUTION N0. 12185) 3. CONSIIIERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON PARKS DEPARTMENT FOR SHORELAND ALTERATION OF THE SOUTH FORK OF THE CROW RIVER (ADOPT RESOLUTION N0. 12186) • 4. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS WENDY'S ADDITION (ADOPT RESOLUTION NO. 12187) CITY COUNCIL AGENDA -MAY 27, 2003 (d) HUTC.HINSON OAREA OUNDATOION FOR HEALOTH CARE ON AUGUST 11~ 003, AT THE CROW RNER GOLF CLUB (e) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR HUTCHINSON FIRE DEPARTMENT ON SEPTEMBER 13, 2003, AT THE HUTCHINSON FIRE STATION (~ CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR HEART OF MINNESOTA ANIMAL SHELTER ON AUGUST 19, 2003, AT THE ANIMAL SHELTER BUILDING (g) CONSIDERATIDN FOR APPROVAL OF TEMPORARY WAGE ADJUSTMENT OF ACTING PDLICE CHIEF (h) CONSIDERATION FOR APPROVAL OF RAVENWOOD WEST SUBDNISION AGREEMENT (i) CONSIDERATION FOR APPROVAL OF WENDY'S DEVELOPMENT AGREEMENT (j) CONSIDERATION OF LETTING N0.9, PROJECT N0.03-17, ASSESSMENT ROLL N0.5063 - STEARNS WOODS - DECLARING COST TO BE ASSESSED AND ORDERCNG PREPARATION OF PROPOSED ASSESSMENT - WANING HEARING ON PROPOSED ASSESSMENT - ADOPTING ASSESSMENT - ACCEPTING BID ANA AWARDING CONTRACT Action - Motion to approve consent agenda G. PUBLIC HEARINGS - 6:00 P.M. (a) ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE FOR VICTORIAN INN MANAGEMENT COMPANY Action -Motion to reject - Mvtivn tv approve (b) LETTING NO. 5, PROJECT NOS. 03-12, 03-19 -EDMONTON AVENUE SE AND TH 7 FRONTAGE ROAD (ORDERING IMPROVEMENT AND PREPARATION OF PLANS) Action -Motion to reject -Motion to approve 7. COMMUNICATIONS, REQUESTS AND PETITIONS (a) MOSQUITO CONTROL REPORT (b) UPDATE ON CONSTRUCTION OF NATURAL GAS PIPELINE $. UNFINISHED BUSINESS (a) CONSIDERATION OF PETITION TO BEGIN ANNEXATION OF PROPERTY BY RESOLUTION LOCATED IN LYNN TOWNSHIP WITH UNFAVORABLE STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSIONRECOMMENDATION - ADOPT RESOLUTION NO. 12I62 (CONSIDERATION FOR APPROVAL OF PLATH . ANNEXATION DEVELOPMENT AGREEMENT) 2 CITY COUNCIL AGENDA -MAY 27.2003 Action -Motion to reject -Motion to approve 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF TEMPORARY SIGN REQUEST BY HUTCHINSON AREA UNITED WAY Action -Motion to reject -Motion to approve (b) CONSIDERATION FOR APPROVAL OF OAKLAND CEMETERY FEE SCHEDULE Action -Motion to reject -Motion to approve (c) UPDATE ON LIQUOR STORE PROJECT AND CONSIDERATION FOR APPRDVAL OF ARCHITECT SERVICES CONTRACT Action -Motion to reject -Motion to approve (d) CONSIDERA"IION FOR APPROVAL OF CALLING FOR PUBLIC HEARING TO ESTABLISH A REDEVELOPMENT T1F DISTRICT Action -Motion to reject --Motion to approve (e) CONSIDERATION FOR APPROVAL OF ESTABhISHING LOCATION FOR TRAFFIC CONTROL DEVICES Action -Motion to reject -Motion to approve (fl DAVENUE SW OF PROJECT STATUS ONJEFFERSON STREET SE AND DALE STREET'/2No Action - (g) CONSIDERATION FOR APPROVAL OF ELECTRICAL AND MAINTENANCE COSTS FOR STREET LIGHTS & TRAFFIC LIGHT WITH HUTCHINSON UTILITIES Action -Motion to reject -Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIDNS 1 I. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Action -Motion to approve and authorize payment of Verified Claims A from appropriate funds 12. ADJOURN 3 MINUTES RF,GUI.AIt MF.ETiNG - HUTCIiIN50N CITY COUNCIL TUESDAY, MAY 13, 2003 1. CALL TO ORDF,R - 5:30 P.M. Mayor Mar in Torgerson ca e e meeting to order. Members present were Tim Haugen, Bill Arndt and Duane I~loversten. Member absent was Ka Peterson. Others present were Gary Plotz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director ofEngineering/Public Works. 2. INVOCATION - A substitute for Rev. Brian Brosz, Congregational-UCC, delivered the invocation. 3. PLEDGE OP' ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF APRIL 22, 2003 (b) SPECIAL MEETING MINU'T'ES FROM MAY 6, 2003 (c) BID OPENING MINUTES FROM APRIL 29, 2003, AND MAY 6, 2003 (d) BOARD OF EQUALIZATION MINUTES FROM MAY 8, 2003 The minutes were approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES FROM MARCH 18, 2003 2. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM FEBRUARY 20, 2003, AND MARCH 20, 2003 3. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR MARCH 2003 4. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM MARCH 24, 2003 5. FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2003 6. BUll.DING DEPARTMENT MONTHLY REPORT FOR APRIL 2003 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE N0.03-341 -- AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE (SECOND READING AND ADOFTIO7V) 2. ORDINANCE NO. 03-343 - AN pRDINANCE GRANTING SONORA'S MEXICAN RESTAIJRANT THE RIGHT T~ PROVIDE A SIDEWALK CAFE' LOCATED IN TFIE PUBLIC R1GHT OF WAY ON 2 AVENUE (WAIVE FIRST READING AND SET SF,COND READING AND ADOPTION FOR MAY 27, 2003) 3. RESOLUTION NO. 12170 - CITX OF HUTCI~INSON EQUAL EMPLOYMENT OPPORTUNTTX POLICY/AMF,ND APPENDIX A OF THE CITY'S PERSONNEL POLICY 4. RESOLUTION NO. 121'75 -RESOLUTION AUTIIORTZING CITY OF HUTCHINSON y Cam) CITY COUNCIL MINUTES -MAY 13, 2003 MEMBERSHIP TO HUTCHINSDN AREA CHAMBER OF COMMERCE 5. RESOLUTION NO. 1217G -RESOLUTION TRANSFERRING $155,000 FROM SPECIAL ASSESSMENT FUND Tp CENTRAL GARAGE FUND FOR FISCAL YEAR 2002 6. RESOLUTION NO. 12177 -RESOLUTION APPROVING ENTERING INTO MNDOT LANDSCAPE PARTNERSHIP AGREEMENT (c) CONSIDERATION FOR APPROVAL OF DANCE PERMIT FOR JAKE BANDENIER FROM JUNE 5 - 7, 2003 FDR POLKA FEST AT MCLEOD COUNTY FAIRGROUNDS (d) REAPPOINTMENT OF DONNA BAYSINGER TO POLICE COMMISSION UNTIL 200G (c) APPOINTMENT OF TIMOTHY SMITH TO TREE BOARD TO 2006 (f) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 7, 2003 (g) EDMONTON AVENUE SE AND TH 7 FRONTAGE ROAD (LETTING NO. S, PROJECT N0.03- 12 AND 03-19) - ORDERING PREPARATION OF REPORT ON IMPROVEMENT - RECEIVING REPORT AND CALLING HEARING ON IMPRDVEMENT FOR MAY 27, 2003 (h) DALE STREET SW/2ND AVENUE SW (LETTING NO. 1, PROJECT N0.03-O1-ASSESSMENT ROLL NO. 5061) . - DECLARING COST TD BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMEN'T' - ADOPTING ASSESSMENT - ACCEPTING BID AND AWARDING CONTRACT (i) CONSIDERATION FOR APPROVAL OF AWARDING BID FOR STONER POINT LIFT STATION AND RAW WASTEWATER PUMP STATION ELECTRICAL AND CONTROL IMPROVEM13NT5 Q) CONSIDERATION FOR APPROVAL OF USING CITY RIGHT-OF-WAY FOR POPCORN WAGON AND PAKMER'S MARKET PROM MAY 31, 2003, TIIROUGH OCTOBER 31, 2003 (k) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LTCI?NSE FOR GERALD JOHNSON TO SELL NOVELTIES AT THE GRANDE DAY PARADE ON JUNE ] 5, 2003 Tlem 5(g), 5(h) and 5(j) was pulled for further discussion. Motion by Haugen, second by Arndt, to approve consent agenda with the exception oCltems 5(g), 5(h) and 5(j). Motion carried unanimously. Item 5(g) had further clarification. John Rodeberg explained that these arc two separate street improvement projects. T"he Edmonton Avenue project is near the entrance to Menards. The TH 7 prajeci is the Wendy's project. Item 5(h) had further clarification. john Rodebcrg explained that a special Council meeting was held last week regarding this project. No action was taken at that time. Bonding is now in place and the final numbers have been determined and everything is ready to go. Councilmember Arndt 2 ~11a~ CITY COUNCIL MINUTES -MAY 13, 2U03 commented that he had been past Jefferson Street and had concerns that little progress has been made thus far. Mr. Rodebcrg explained that basically the contractors are waiting far the wet weather to cease. Councilmember Arndt noted that the Dalc/2"a Avenue project must move along on schedule due to the school calendar. John Rodeberg noted that this project should move nn track due to the fact that they will be starting this project much earlier than the Jefferson Street project started. Motion by Hoversten, second by Haugen to approve Items 5(g) and 5(h). Motion carried unanimously. Item 5(j) was discussed further. Councilmember Haugen noted that on the day of the Farmer's Market the alley to the south is closed off because of 1~` Avenue being closed off. Something needs to be done so that deliveries can be made in the back of the Main Strcct businesses. John Rodeberg noted that staff can take a look at the situation and maybe discussions need to be held with the Downtown Association. A suggestion was to designate a parking stall in the public parking lot as "deliveries only". City staff will work with area businesses to address delivery issues. Motion by Haugen, second by Arndt to approve Item 5(j). Motion carried unanimously. 6. PIIBLIC HEARINGS (a) 2003 PAVING IMPROVEMENTS (LETTING N0.3, PROJECT N0.03-OS THROUGH U3-U9, U3- . 1 I , 03-22 -ASSESSMENT ROLL NO. 5Ub2) - ADOPTING ASSESSMENT ACCEPTING BID AND AWARDING CONTRACT john Rodeberg, Director of Engineering/Public Works, presented before the Council. Mr. Rodebcrg explained that this is the third meeting regarding these projects. Mr. Rodebcrg reviewed the scope of the paving projects and haw assessments are computed. Mr. Rodeberg described the project scope, cost and assessments for each project. The projects arc taking place on Delaware Street NW, Arch Street SE, Ludike Lane N W, Flonda Street NW, Illinois Strcct NW, Ranch Avenue SE and School Road North sidewalk. The majority of the project scopes include grading and paving, with storm sewer improvernents being done in some areas. A resident of Ludtke Lane asked whetlrer or not a weight restriction will be placed on the street. Jolm Rodeberg explained that this street will have the same restrictions as other streets in town. The resident stated that when construction is being done on Golf Course Road, the equipment operators use Ludike Lane to enter and turn around. John Rodeberg stated that his department should be notified and they will come upp and tag the equipment operators. This resident also questioned whether or not his assessments could be reduced to a one lot assessment as opposed to a lot and a half as his is the smallest lot on the street. Mr, Rodeberg stated the same forrnula is used for all and if his lot size is reduced and assessments are reduced, the other property owners' assessments will go up. Randy Arndt, 155 Illinois Street, presented before the Council. Mr. Arndt stated that he has some drainage issues and thanked city staff for working with him to address them. Deane Dietel, Arch Slreel, presented before the Council. Mr. Dietel asked i I'the surveying lines would be changed to match the road. Mr. Rodeberg explained that this street is not centered in the right-of- way, however it is in the road right-of--way. Since the proposal does not include widening the street, no surveying lines will need to be changed. Mr. Dietel questioned whether or not the City would pick L.~ CCZ~ CITY COUNCIL MINUTES -MAY 13, 2003 . up more than 35% of the cost due to the fact that Arch Street was tarred years ago and not maintained. Mr. Rodeberg explained that it was a mix bituminous that was laid and is difficult to maintain. Jim Haugen clarified that the School Road sidewalk project, which runs from Arizona Street to Golf Course Road, would be approved contingent on easements being acquired. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Hoversten, second by Haugen, to adopt assessments, accept bids and award contract for 2003 paving improvements. Motion carved unammously. 7. COMMUNICATIONS RE UESTS AND PETITIONS (a) UPDATE ON MS TRAM B1KE RTDE ACROSS MINNESOTA Vi Mayer, President of Hutchinson Area Chamber of Commerce, presented before the Council. Mr. Mayer explained the details of the group coming through Hutchinson. Approximately ] 000 bikers will be in the City on July 30, 2003. Enterlatnment, lodging and food are Just a Few of the items the MS Tram Bike Ride Across Minnesota committee has been working on. The route will cuter onto School Road and exit off of School Road. Dr. Bnian Bonte, MS Tram Committee Chair, presented before the Council. Dr. Bontc explained that he has been diagnosed with Multiple Sclerosis for the past ten years. Dr. Bonte spoke about the MS disease. Dr. Bonte also briefed on more details of the ride. (b) UPDATE ON LIQUOR STORE PROJECT AND SELECTION OP ARCHITECT . Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that several proposals were received for architectural services For the new liquor store. Two finalists have been selected and a recommendation will be made at the May 27, 2003, Council meeting. (c) BECKY WALRADTH - T)iSCUSSION OF ELM STREET IMPROVEMENT PROJECT Becky Walradth, resident of Elm Street, presented before the Council. Ms. Walradth stated that last year the Mayor had told the residents that this would be a priority. Since that time, residents have received a letter stating that this project will not be done this year. John Rodeberg explained that substantial property acquisition needs to be done for ponding on 10°i Avenue prior to Elm Street improvements otherwise the flooding issues will not be addressed on Elm Street. Mr. Rodeberg continued to explain that budget constraints are limiting the number of improvement projects. Mr. Rodeberg further explained that design phases have continued on this pro ect. Ms. Walradth explained that she received a letter from Allied Adjusters stating that the system on ~cr street cannot handle the heavy rains. Ms. Walradth explained that she has concerns if more heavy rains comes this summer. Mr. Rodeberg explained that he feels some design improvements could be made at her residence to improve safely issues. Marc Sebora, City Attorney, explained that Allied Adjusters is the claims adjusters for the League of Minnesota Cities. Mr. Sebora further explained that the City is bound by the adjuster's decision. Mayor Torgerson asked Ms. Walradth if she had done any improvements to her home to help prevent flooding. Ms, Walradth explained that the only ad'ustment they could make would be to remove a door, however that would decrease her property va~uc. John Rodeberg suggested having Barry Greive, Hutchinson Building Official, look at the property to see if any other improvements could be made. Mr. Rodeberg also explained that street and system improvements have been made to the neighborhood in the past. `~ z~~ CITY COUNCIL MINUTES -MAY 13, 2003 . The current timeline would include this project as a priority for 2004, if funding is available. pave Heidebrink, Maple Street, presented before the Council. Mr. Heidebrink asked for clarification as to when the proJ~ect will actually happen. Mr. Rodeberg iterated that it is slotted for 2004, again, based on the legislature and funding. john Rodeberg con firmed for Ms. Walradth that city stall will keep her updated. 8. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OE SEASONAL/TEMPORARYEMPLOYMENT POLICY Mare Sebora, Cily Attorney, presented before the Council. Mr. Sebora requested that this item be tabled indefinitely until more solid research can be obtained from other cities. Motion by Hoversten, second by Arndt, to table this item until more research can be obtained. Motion carried unanimously. (b) CONSIDERATION OF PETITION TO EEGIN ANNEXATION OF PROPERTY BY RESOLUTION LOCATED IN LYNN TOWNSHIP WITH UNFAVORABLE STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDA"1'TON (ADOPT RESOLUTION NO. 12162) Marc Sebora, City Attorney, addressed the Council. Mr. Sebora explained that at the last Council meeting the Council had raised issues as to whether or not conditions could be addressed on the Resolution for Annexation. Mr. Sebora explained that conditions could not be placed on a resolution unless a supplemental agreement was entered into with Lynn Township outlining those conditions. Mr. Sebora suggested entering into an agreement with the developers which would outline specific conditions. Mayor Torgerson asked Mr. Sebora for clarification as to whether or not the City has to provide utilities i f it is economically not feasible. Mr. Sebora explained that the City does not if the City cannot afford to. However, Mr. Sehnra stated that the Council needs to consider the Comprehensive Plan in which this area is planned for annexation in 2015-2020. There has been preliminary discussion that the developer may offer to pay for services. Duane Hoversten commented that he was under the impression that the developer wanted to sit down with city staff to work out these types of issues. Mr. Rodeberg stated that that could possibly take place within rho next two weeks. Motion by Arndt, second by Hoversten, lp postpone action on this issue to the May 27, 2003, meeting with the expectation that staff and developers will meet to come up with a developer's agreement. Molivn carved unanimously. 9. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF INTERIM DIRECTOR POSITION CONTRACT Mayor Torgerson questioned the wording in Section 4. Mayor noted that there was no mention of severance in the section. Mayor Torgerson suggested striking the words severance pay from the section title. Motion by Hoversten, second by Haugen, to a prove Interim EDA Director position contract. Motion carried unanimously. Mayor Torgerson noted that the current EDA Director is in the National Guard and has a very high probability of being called up to serve in Bosnia for up to one year, ~~ ~~~~ CITY COUNCTL MINUTES -MAY 13, 2003 (b) CONSIDERATION FOR APPROVAL OF CALLTNG FOR SALE OF 2003 GENERAL OBLIGATION IMPROVEMENT BONDS Ken Merrill, Finance Director, presented before the Council. Mr. Merrill stated that the sale of these bonds is for three sepcrate street improvement prof ects. The sale ofthese bonds must occur before the end of May 2003 due to the Minnesota legislanvc session. Mr. Merrill requested that a special meeting be held on May 29, 2003, to award the sale of the bonds. Motion by Arndt, second by Haugen, to sel special meeting for May 29, 2004, at 5:00 p.m. to award the sale of general obligation bonds. Motion carried unammvusly. Motion by Haugen, second by Hoversten, to approve resolution calling for sale of 2003 general obligation improvement bonds. Motion carried unanimously. 10. MISCRLLANEOU5 (a) COMMUNTCATIONS Marc Sebora -Marc Scbora, City Attorney, explained that at the last Council meeting a management agreement was approved with the Victorian inn. A correction has been made to the agreemenl indicating the correct license name. Motion by Arndt, second by Hoversten, to approve amended management agreement, which corrects the name of the new license holder. Motion carried unanimously. Bill Arndt-Mr. Arndt stated that he has received phone calls regarding spraying formosquitos azid whether or not the city intends to spray this year. Mr. Plolz explained that the City could research • other, more effective techniques rather than sprayng. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAXMENTS (a) VERIFIED CLAIMS A Motion by Haugen, second by Arndt, with Hoversten abstaining, to approve and authorize payment of Verified Claims A from appropriate funds. Motion carried unanimously. (b) VERIFIED CLAIMS B Motion by Hoversten, second by Haugen, to approve and authorize payment of Verified Claims B from appropriate funds. Motion carried unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at fi:55 p.m. • ~ c~~~ • • 2007 IT~~II CIAL RE ORT ~ ~'~~~~ 2002 2003 ~ 2003 2007 2003 r11 REVENUE REPORT-OENCRAL A rll HI YEAR TO ADDPTED ~~ 9ALANCE I'[RC[N7ADE MONTH MONTH ATE ACTUAL BUDRET REMAINIH ~ USED TAXE6 2 973 032.00 2 973 032.OD 0.00% LICENSE3 __ 2388.00 _ 6731,00 27082.51 39700.00 11,e17.49 __ 98.99% PERMIT6 ANp FEES 3D 473.10 3744224 7_2,721.34 181 000.00 118 278.88 38.07% INTERGOVERNMENTAL REVENUE 1787.21 ___ 11 436.67 57 005.74 3 002 375.00 3,006~3eB.2B _ 1.88°k CHARGES FOR SERVIGE6 77 105.58 77,057.90 2e2,288.BB 1 362 809.00 1 070 340.31 20.87% FINES S FORFEITS B 817.41 12 B80.44 _ 08000.00 55,011.59 18.10% INTEREST 1202.89 158.45 5722.18 32,000.00 28,277.01 17.88% REIMBURSEMENT6 _ 22,040.01 32,211.38 _ 80383.48 316138.00 234774.64 _ 25.50% TRANSFERS 211259.00 221,500.00 225,295.00 1406000.00 1 178736.00 ~ 18.03% SURCHARGE S -BLDG PERMITS 809.61 140.43 __1,220:80 _ 0.00 1 22e.08 .______ 0.00% _ _ TOTAL 348,931.52 390 277.97 784 844.06 9 437 054.00 8`3~20B.95 0.10°/ I 2002 CITY OF HUTCHIN>!ON ~INAN L REPDRT __ _ 2002 ~~ - - -~ 2004 2003 2003 2007 2003 ~ _ April EXPENSE REPORT - QENERAL April Aprll _ YEAR TO ADOPTED _ 9,4LANCE fiRCI=NTAOE I MONTH MONTH ATE ACTUAL EUDOET REMAINING USEDI _ I 001 MAYOR & CITY COUNCIL 3,741.10 3007.91 13,672.62 87,SAB.00 _ _ _ 44y010.48 ~ _ _23.57% 002 CITY ADMINISTRATOR 15890.25 19,825.01 72173.88 _ 245100.00 172,934.32 29.45% 003 ELEGTIONS 361.30 __ 30.07 70.67 11 126.00 11 DB4.43 0.03°~ __ _ 004 FINANCE DEPARTMENT 27,243.07 31 831.08 130 730.85 4e0 998.00 320 827.06 28.38 005 MOTOR VEHICLE 73,847.02 11x772.00 64 005.73 102,529.00 127 922.27 30.08% 008 ASSESSING _ 41 000,00 41 OOO.DO 0.00% _ DD7 LEGAL 0,470.85 8640.80 _ 38810.01 112,094.00 74,246.19 __ 34.22% 000 PLANNING 12 023.88 11 `20.88 48 726.88 148 043.00 101,317.14 31.50% 009 INFORMATION 6ERVICE& 7 BBB B4 8,688.02 27 905.47 1881680,00 140 874.63 18.38% 110 POLIGEDEPARTMENT ~ : 188803.84 183891.18 791,099.86 2423242.00 1882178.15 31.41% 118 EMERGENCY MANAGEMENT ~' S~09B.41 19.77 180.14 18 OOD.OD 17 B03.B8 1,0®°/a 120 FIRE DEPARTMENT 24120.30 23,134.90 88486.60 380275.00 277,009.60 24.18% ECTIONS 16 824.27 130 PROTEGTNE INSP 13 884.78 57,080.41 178 878.00 121 787.59 31.81 _ _ ~ 35263.e7 160 ENGINEERING 37690.42 145,505.05 479600.00 334003.36 30.34% ___ 152 9TREET9 & ALLEY6 01,034.39 106 146.88 287 340.73 982,043.00 804 702.27 32.21% 180 CITY HALL BUILDING 13 180.91 2D 257.03 61 887.82 181 030.00 BB,Be8.38 34.07% 201 PARK/RECREATION ADMINIST 14,018.27 11 186.33 52 840.02 191 BOB.00 130 880.18 27.SB% 202 RECREATION ~ _ 16181.30 __ 21,700.7e 89678.98 248252.00 178x76.02 27.91% 203 SENIOR CITIZEN CENTER B 338.88 10,007.20 26 892.40 77 948.00 40,653:90 37.38% 204 CNIC ARENA ~ 17,036.27 14 778.28 B4 399.04 272 3b1.00 177 BB2.B9 34.05°~ 206 PARK DEPARTMENT 63 884.78 85 320.05 218281.78 B3B fi88.00 818,284.24 _ 2e.16% 209 RECREATION BUILDING & POD 9,4e1.42 11 822.33 2B 802.00 120043.00 BD 441.00 24.88% 207 EVENTS CENTER _ 5,524.81 18 128.41 44 278.19 154,e24.00 110646.81 28.80% 208 EVERGREEN BUILDING 0.00 1584.01 3344.73 _ _ 30880.00 27,341.27 10.90°k 260 LIBRARY 2087.81 _ 3800.00 04,170.24 139400.00 75238.70 _ _48.03°hl 301 CEMETERY __ 0301.96 10013.24 ___ 32182.57 133,943.00 101460.43 24.08°hl 310 DEBT SERVICE 0.00 0.00 0.00 181048.00 191,049.00 0.00%1 320 AIRPORT 8 288.83 1p 237.00 _ 55,763.23 241 098.00 105 344.77 _ _ 23.12% 350 UNALLOCATED G ENERAL EXP 0 070.47 91 118.08 180 323.80 880,600.00 710 178.10 20.26% _ ~ ~___ T 7AL 668 126.37 755 107.70 2 950 668.36 4 74_00 9 707 295.95 28.08% -; t~~l r~ r~ C1 2003 - ~ CITY OF HUTC HINSON FINAN CIAL REPORT ~ April ~ ~~~--- ~~_~ 2002 ~ 2003 ~ ~- ~ 2003 _ ~ 2003 _ REVENUE REPORT-GENERAL __ April ; April YEAR TO _ ~ A nOPTED BALANCE ERCENTAGE MONTH MONTH ATE ACTUAL _ _ ~ ~ eUPGET REMAINING ~~ USED 0 O.OD ~ 2,873032.00 2,9 73,032.00 0.00% LICENSES _... _. _. 2,368.00 _ 5 731 .00 27,082.51 38,700.00 . 11,617.49 _ 69.98% .PERMITS AND FEES 30 473.10 37 442,28 72 721.34 191 000 00 118 278 fi6 __ 38 07% INTERGOVERNMENTAL REVENUE , 1,787.21 , 11,435.57 , 57,005.74 , . 3,062,375.00 , . 3,005,369,26 . 1.8fi% CHARGES FOR SERVICES_ 7 1,185.59 77,657.60 282.268.6 9 1,352,609.00 1,070,340.31 20.87% FINES 8 FORFEITS _ _ . 6,817.41 0.00 _ _ 12,888.44 68,000.00 55,011.56 19.10% (INTEREST 1,282.89 159.45 5,722.19 32,000.00 26277.81 ' 17.88% REIMBURSEMENTS _ 22,648.87 32,211.38 80363.48 315,136.00 % 234,774.54 25.50% tlTRANSFERS 211,258.00 221,500.00 225,265.00 1,405,000.00 _ 1,179,735.00 16.03% (SURCHARGES -BLDG PERMITS V ~TOTAL I ~~ ___ 809._51 ~{ ._34863152 ~ 140.43 ...............,,...,........--- 386,277,67 1,226.68 ------- 764,644.05 O.OD 9,437,854.00 __ f 1x226:68) 8673,209.95 _ ___ 0.00% 8.10% General Govt. ~ 104,142.70 111 _8.73.20 453,980.57 1,676,647.00 1,222,666.43 27.08% Public Safet 249870.49 268,309.96 1,052,313.55 3,465,804.00 2,413590.45 ~ ___ 30.36°h Streets & Alleys 88,253.56 136 568.32 391,957.17: 1,235,586.00 843,630.83 31.72% Parks & Recreation _ 101,495.52 137,061.16 516,228.83 1,828 117.04 1,411,887.07 26.77% Miscellaneous 14,363.10 101,355.14 236,077.13 1,131,598.00 885,520.87 20.86% j __ TOTAL _558,125.37 ' 755,167,78 2,650,558.35 9,437,854.00 6,787,295.65 28.08% 1 1 .. .. f .. ...-- _..---... --... ~ - --. ...._. _. _..... ---.. ... ------ - ' ~ - -- ---._ ....................L ......... 5(~]~ BOARD OF DIRECTORS MEETING -April 1 S, 2003 Hospital -Conference Room A/B Members present were: Chairperson, Steve Snapp; Vice President; Wayne Fortuna Secretary, Jolur Iloule; Pastor Randy Chrissis, Trustee; Sherry Ristau, Trustee; Duane Hoversten, Trustee; and Dr. Cate McGinnis, Chief of Staff. Others present were: Philip Graves, President; Pam Larson, Finance, Information, and Material Services Division Director; Robyn Erickson, Care and Program Support Services Division Director; Jane Lien, Acute Care Programs and Services Division Director; Brian Weinreis, Vice President, Finance -- Regional Health Services; Dan Vandenberghe, McGladrey & Pullen; Brenda Birkholz, Occupational Health Manager; Patty McC~llough and Jamie Riebe, Health Planning and Management Resources; Elaine Schermann, Quality Representative; Doug Hanneman, Hutchinson Leader; and Corrinne Schlueter, Recorder. The meeting began at 4:3D PM, with a Senior Care Task Force report. Patty McCullough and Jamie Riebe presented the first phase of the market study being completed far hiAHC. This presentation included defming the market areas, detailed socio- demographics, profiles of nursing homes, assisted living and independent and congregate housing in the market areas, summary of supply and demand and key conclusions. • The analysis examined three market areas: the Hospital Primary market, the Secondary market and a Hospital Market Area based on market share. To define a hospital market area based on market share, the researchers used existing research for HAHC identifying where persons primary care physician was located. Socio-demographics such as total population, total senior population, senior population as a percent of the total population and income distribution of households age GS and older were also presented for each of the market areas. The researchers also presented inventories of nursing homes, adult day care facilities and independent and congregate housing facilities in and near the market areas. This information listed the number of facilities, total number of beds or units available and current occupancy rates. A summary of supply and demand was done showing what currently exists in the market area, what demand there is for the market area and the surrounding area and what demand\excess still exists. Key conclusions about a potential project, that were made based on data analyzed to date, showed that approximately a 120 bed nursing home is sufficient for this area, providing the current patient draw for the hospital exists. There is also consideration for the development of a 30 to 40-unit assisted living plus facility, with 10-units devoted to memory care; and for the development of a 40 to 50-unit independent housing facility . with services available for purchase. It was stated that these conclusions may change, as further research is completed and the market draw is shown to be slightly different. 5(~~ a Board ofllirectors Apri] 15, 2003 Page two Phase II of the study is currently on schedulo, the survey is being field tested and calls will begin next week. It was stated that preliminary survey results would be needed to decide on the best eh~stegy for focus groups. The meeting was called to order at 5:35 PM. Minutes of Lest Meeting= The minutes of the March 15, 2003, meeting were presented and discussed. • Following discussion, Chrissis made a motion, seconded by Fortun, to approve the minutes of the March 15, 2003, meeting. All wero in favor. Motion carried. II. Mcd~ff Meeting Mi nutos and Credontialin¢, Dr. McGinnis provided a report on the recent Medic al Executive Committee Meeting. The following practitioners were recomm ended for membership to the Medical Staff. Initial_~g D4j®lmgpt, . Steven Curtis, MD Active Orthopedics .ioLynn Loch, LADC Allied Health Ind. Alcohol and Drug Counsolor Car] McGary, MD Courtesy Pathology )ReflPP4~-1B1QA~~. Robert Haakeneon, MD Courtesy Emergency Medicine Following discussion, McGinnis made a motion, seconded by FotYun, to grant membership and privilege to the above listed practitioners ae recommended by the Medical Executive Corturrittoe. All were in favor. Motion carried. Ili. N_aw Business. A. Audit Presentation. Dan Vandenberghe, McOladrey & Pullen, was in attendance and distributed handouts of the 2002 fmancisl audit roport and copies of graphs detailing the audit results, Ha complemented HAHC staff on their dedication to provide solid financial statements each month to this group. He stated that 2002 was an excellent year. HAHC had excess revenues over expenses of $3,121,846 for the fiscal year of 2002, compared to $2,678,730 for the fiscal year of 2001. The cause for the increase in revenue was largely attributed to a rise in hospital admissions. The hospital had b,762 admissions in 2002, compared to 6,348 in 2001. 5(~_~a. Board of Directors . April 15, 2003 Page three • Following discussion, Hoversten made a motion, seconded by Ristau, to accept the fiscal year 2002 financial audit as presented. All were in favor. Motion carried. C~ B. Safari Report. Brenda Birkholz, Occupational Health Manager, gave the 2002 Annual Evaluation of the Environment of Care. Birkholz reported the scope of service has not changed. The primary customers being served include patients and residents, employees, volunteers, visitors and contracted service providers. The safety committee is made up ofhalf-management and half non-management. The intent of the safety program is to promote n safe and hoalthfhl environment. The 2002 goals were: 1. Set up safety center in all service areas 2. Continue work on HEICS 3. Develop and implement flood policy 4. Develop and implement severe weather policy for blizzards 5. Revise existing evacuation plan 6. Work on decontamination 7. Train employees on use of hazardous spill kits Following discussion, Houle made a motion, seconded by Chrissie, to receive this report from the Ssfety Conmrittee and concur with the recommendations of the committee. All were in favor. Motion carried. C. Mobil4 C-arm X-Ray MaFhinc. A capital expenditure request was made to purchase a replacomant Mobile C-arm X-Ray Machine. The current equipment is outdated and repairs will not bo possible within the near fhture. The Orthopedic group has encountered difficulties with images through the current system. An on-board printer will allow for immediate picture results, thus decreasing the time for retrieval of hardcopy from the Rndiology Department. The preferred model is a 9800 Plus Digital machine with an expanded surgical package. This oqulpment ie available through a VHA group purchasing contract at a cost of $150,024.00, Following discussion, Hovereten made a motion, seconded by Chrissis, to request authority from the City Council to purchase the 9800 Plus Digital Mobile C-arm X-Ray Machine through the VHA group purchasing contractual relationship at a cost of $150,024.00. All were in favor. Motion carried. r~ u ~~~~ Board of Directors April 15, 2003 Page four D. First uartor Strategic Plan, Gmves and Senior Management presented the First Quarter Snxtogic Plan. Following discussion, Fortun made a motion, seconded by Chriseis, to approvc the First Quarter Strategic Plan as presented. All were in favor. Motion carried. E. Movie "First Do No Harm -Part II" - At the March meeting, a movie on patient safety was showed. This movie demonstrated the procossing of an incident by a Quality Improvement Team. F. Asbestos Ab Graves reported on a pro6lom with asbestos in the mechanical tunnels under the wings at Burns Manor. McGough has been requested to assess the problem and assist with resolution. It is anticipated the cost for abatement and reinsulation of the pipes will cost approximately $50,D00. • Following discussion, Houle made a motion, secondod by Hoversten, to approvc the asbestos abatement and reinsulation project for tho tunnels at Bums Manor at s cost not to exceed $50,000. All were in favor, Motion carried. G. Personnel Committee Repp~. Oravos explained the meeting was callod tv discuss the potential plane for relationship development with the Orthopaedic and Fracture Clinic of Mankato (OFC) for the provision of Orthopaedic services in Hutchinson. Initial plans arc underway for recruitment as well as for a contrnctual relationship for the services for the surgeons. john Mitchell, Hcalth Futures, was in attendance for tho committee meeting and explained the relationship options that could exist between HAHC and OFC in order to recruit and retain Orthopaedic physicians in our community. Following discussion, Chrissis made a motion, seconded by McGinnis, to authorize the President to continue with the contractual relationship development with OFC and provide the agreement to the board for fmal approval. All were in favor. Motion carried. 5(a~ a C~ Board of Directors April 15, 2003 Page five N. (irpgnizational Reps A, >la Graves reported the Planning Commission was acting on the the variance for the ICU Unit. Graves also mentioned the Allina Regional Board Retreat on May 16`s and May 1T", which will be held at the Radisson South from Friday evening through early Saturday afternoon. A speaker from the Advisory Board who will provide a thorough overview of information from the last round of Chief Executive Roundtables, focusing on two areas: "The Health System of the Future" and "Financing Health Carc for the Future". B, ~. Nothing additional to report. C. Care an Pro~am Support. Nothing additional to report. D. ComrnunitLCitLS Dr. Eric Nelson, formerly from Glencoe, has been employed with a starting date of August 2004. We are still recruiting two additional peychiatriats. u E. Finance, htformation. and T1at~Ij~L$ervices. An offer has been made to an experienced Materials Manager. F. f M i s. Mulder reported on the Telephony Triage Program which John IIoule and Tom Pohlen ,from 3M Company in Hutchinson, who is a Six Sigma trainer/expert have been facilitating. P • fe and ant a_ Schermann reported Linda Landon, Rygistered Dietitian, presented information on the hospital petient/resident satisfaction survey results regarding quality of food. Data for the last half of 2002 were presented. One question on the hospital survey related to the "quality of food". The patient survey scores of'wery good" and "excellent" responses for third and fourth quartors ranged 6etwovn the 40s and SOs. As a result, Nutrition Services staff instituted a spoken menu system. A trifold menu is presented to patients by a Nutrition Services staff person, who discusses the specials of the day and takes their meal selections. Elaine reported that the Data Center staff are in the process of moving data from Excel to the Access database. llin Brian Weimeis was in attendance at thy myeting, He explained the process Allina has used for achieving an automated medical record. 5(.~~~a Board of Directors April 15, 2003 Page six c un abl The accounts payable and cash disbursements far March 2003 were prescnted for payment. Following discussion, Ristau mado a motion, seconded by Fortun, to approve the accounts payable and cash disbursements ae listed in the amount of $3,717.435.56. Five were in favor. Hoversten Abstained. Motion was carried. ncia Larson provided the financials for the month of March 2003, which showed a net income of $4,329-00 compared to a budget of $237,482,00. • Following discussion, Fortun mado a motion, seconded by Chrissis, to approve the financial report as presented. All were in favor. Motion carried. Auxi iarv Me tin¢ MinutoS- The Hospital Auxiliary Meeting Minutes were presented. No unusual comments ware made. Bu s Manor Auxiliary Minutes. The Bums Manor Auxiliary Minutes were presented. No unusual comments were made, On beltalf of the board, Snapp congratulated Graves and Senior Leadership on the excellent financial performance for 2002. Adioumment. Thera being no flirther business Chriseis made a motion, seconded by Ristau, to adjourn the meeting. All were in favor. Motion carried. The meeting was adjourned at 7:25 PM. Respectfully submitted, Corrirtne Schlueter john Houle Recorder Secretary - 5(~~]a. Hutchinson Housing & Redevelopment Authority Regular Board. Meeting -April 15, 2003 Minutes CAi,L'I'O ORDER: Chairman .Teel Kraft called the meeting to order at 730 a.m. Members Present: "lltor 5keic, Ian McI)nnald, artd John Houle. Staff Present: Jean Ward, and Judy Flemming. MINiTTE5 OTC' HRA BOARD MEETING ON MARCH 1 B, 2003 John Iloule moved to approve. Ian McDonald scconded and the motion carried unanirously. FINANCL4L REPORTS Ian McDonald moved to approve the Financials. Thor Skeie seconded and the motion carried unanimously. 4. PARK TOWERS iJPDA7'k: Jean Ward reviewed the changes that Ii_RLARk made to the HRA rctirenunt plan. John Houle asked why HRA staff ciid not have the same retirement plan as city omployees..Tean explained that HUD and PI;Rtl determined that HRA cmployves were not eligible for the same retirement plan. Thor Skeie moved to approve Resolution 03-04-Amended IIRLARP Retirement Plan. Ian McDonald sccottdod and the motion carried unanimously. Joan Ward updated the Board on the estitnates for energy conservation ideas al Park Towers and presented the letter she submitted to the Utilities Commission for energy conservation finding. ht addition Jean presented to the Board a proposal to purchase air conditioner units for the units that were renovated this last phase. The state electrician required a change of wiring to the air conditioner units from 220 volts to 110 volts. The change means that the residents would need to purchase new A/C units. The appropriate A/C units are hocoming very costly to purchase and a hardship to meaty residents. Jean found out that A/C units are an eligible Capital fund expense in the future. Thor Skeie moved to approve the purchase of the 21 air conditioning units from the operating reserves and putting the purchase of the remainder of the A/C units (80 units) in the 2004 Capital Fund plan. John Houle scconded and the motion carried unanimously. 5. IIUTCHINSON 2002/2003 SCHOUL CONSTRUCTION PROGRAM UPDATE. Jean Ward informed the Board that a purchase agreement for the home on Carolina Parkway was reviewed and accepted for $122,186. The closing ie scheduled for May 30, 2003. Jeart Ward presented to the Board the revised budget acrd included the closing costs and the preliminary statement for the seller. Ian McDonald also informed the Board that the C`ASA program no longer has points that need to be paid but that these points can be transferred to closing costs. . 6. 1-IUTCHINSON 2003/2004 SCIIOOi~ CONSTRUCTION PROGRAM UPDATE Jean Ward informed the Boazd that the lot at 626 Harmony Lane was purchased for the 2003/2004 School Construction Program 5 (~~3 7. 5l]730RD1NATION REQUEST 7udy Flemming presetted to the Board a subordination reclucst for an Adam Street 5CDP . Loan. They are refinancing with no cash out. John lIoulc moved to approve the subordination. Ian McDonald seconded and the motion carved unaniaaanusly. R. The ]3oard is invited to the Senior lining 30`~ Anniversary at Park Towers May 20"' at 11:ISAM. 9. AD70lJRNMEN'f There being no other business, Chainuau Joel Kraft declared the meeting adjeumed. lU. MEETING WIT13 CITY COUNCIL Chainnan Joel Kraft reviewed the 13RA Year End Report with the City Counci] Members. Jean Ward reviewed the housing program updates thai will be presented at an upcoming City Cotmci] Meeting. 11. WALK THROUGII AT SCHOOL CONSTRUCTJON HOUSE - 96G CAROJ.JNA PARKWAY NW Recorded by lean Ward, I1RA Executive Director Houle, Secretary~l'reasurer CJ ~, L J 5~a~ . Hutchinson Housing & RedevelopmentAuthority Special Board Meeting -May 1, 2003 Minutes CALL TO ORDER: Chairman Joel Kraft called the meeting to order at 8 a.m. Members Present: Duane Iloversten, Ian McDonald, and Jolm lloule. Staff Present: lean Ward, and Judy Flemming. FINANCIAL REPOR"IS Duane )-ioversten rrtoved to approved cutting a check for staff to roserve rooms at the Spring NAHRU Conference at Madder's in Brainerd. Jolut FToule seconded and the motion carried unanimously. SUBORDINATION REQiJEST Judy Flemming presented to the Board a subordination request for an Adam Stzaet SCDP Loasr. They arc refutancing with no cash out. john Houle mound to approve the subordination. Duane Ilovereten scconded; Tan McDonald ahstaincd and the tnotiun carved. 4. PROPOSED SUBORDINATION POLICY CHANGE lean Ward presented the proposed subordination policy to the Board. The $oazd discussed bow many times a homeowner should be allowed to subordinate. Jean proposed taking out point #7, which slated only one subordination was allowed. Resolution 03-OS to "Appoint Board Membcrs to the Lnan Rcvicw Contnrittee and to Authorize the Loan Review Contrrtittec to Approve Both Loan Applications and Subordination Requosts According to the Established Program Guidelines" was tabled until the regular hoard meeting so that Marc Sebora can be consulted. FYI Jean Ward informed the Boazd that MHFA & GMHF armouncad that fltey wero awarding some funds to the Rolling Meadows Extension. Jean told the I3nard she was mooting with the developers, Bruce Naustdal and Diane Sorensen to go through the award letter. AL)JOlJRNMEN'I' "I'herc behtg no other husiness, Chairman Joel Krafr declared the tnovting adjourned. lean Ward, HRA Executive Director Iloulc, 5ccretaryCl'rnasurcr ~(~~3 • MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, Aprfl 15, 2003 Hutchinson Clty Council Chambers 1. CALL TO pRDER 5:30 P.M. Tha meeting was called to order by Chairman Dean Klrchoff at 5:30 p.m. with the following mamber5 present: Jim Haugen, Lynn Otteson, Mike Flaata, Farad Currimbhoy, Robert Hantge and Chairman Klrchoff. Absent: Brandon Fraser Also present: Julie Wlschnack, AICP, Planning Director and Bonnie Baumetz, Planning Coordinator Chairman Klrchoff asked for an acting Vlce Chairman In the absence of Brandon Fraser. He will 6e abstaining for one of the public hearing Items. Jlm Haugen agreed to serve es Acting Vice Chairman. 2. APPROVAL OF MINUTES a) Conslderatlon of Minutes dated March 18, 2003 Mr. Haugen moved to approve the minutes of March 18, 2003 with revisions. Seconded by Ms. Qtteson. The revised minutes were approved unanimously. 3. PUBLIC HEARIN4S A. CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS RAVENW~QD WEST AND REZONING THE AREA TQ R2 (SINGLE AND TWO FAMILY RESIDENTIAL) Chairman Klrchoff opened the hearing at 5.35 p.m. with the reading of publlcatlon #7020 as published In the Fiutchlnson Leader on April 3, 2003. Ms. Wlschnack commented on the history of the site and the previous zoning. She stated the 21.47 acre parcel was annexed to the city In 1998. She commented on the Issues of the property in the airport zone B which Is a conditionally buildable zone. Ms. Wlschnack commented on the Preliminary Plat and updated the Planning Commission on the following conditions requested by staff: 1. The developer must provide covenants which indicate and explain the Airport Zoning restrictions and the building plot areas. (Ma. Wlschnack explained the covenants must enclose exactly whet the property owner can and cannot construct on the lot.) 2. The homeowners association documents indlcating the long term maintenance responsibilltles of the ponding and ditch ~C~)u Minutes Planning Commission -April 15, 2003 Page 2 . areas. (This has not been received. The document must state who is responsible for mowing the ditch area. Ms. Wischnack stated the City will only dredge the ditch when needed.) 3. The twin homes may not be constructed until Bluejay Drive is constructed and the ponding improvements area complete. (There are no issues with this requirement.) 4. There needs to be added right of way on the southern portion of the plat. (This revision has not been received by the City.) 5. The grading plans must indicate extra erosion control around the pond to the north. (This has been changed.) 6. The grading plan must indicate house types for the lots. (The grading plan does not offer the lowest floor elevations. There is concern from the building department regarding the soil correction and verification from a soils engineer that the sites are suitable for construction. These concerns stem from outstanding issues with the movement of the dirt in the area. The compaction of the pad areas is very uncertain.) 7. The sanitary sewer line issue must be resolved. (This has been addressed.) 8. The ditch redesign must be acceptable to the City Engineer. (The ditch redesign has been discussed with the Engineer, however the revised document does not reflect the changes.) 9. The pond shelf requirements must be revised. (This has been revised.) 10. Easements in areas of water, sewer and storm sewer lines must be enlarged to provide a means of access for maintenance and eventual reconstruction of the lines. (It is possible the Gity will need between 20 -25 feet for space to access the lines that are located on property lines.) 11. A developer's agreements must be apprpved prior to final plat approval. (This is not an issue at this time.) 12. Fees and bonding are due prior to commencement of construction at the property. (The City is of the impression that all improvements will be conducted privately and has indicated the procedures far this. Excluding Blue Jay, which would be conducted as a City project and assessed to the property.) 13. The hydrant locations and separations must be addressed. (It was discovered, after the last report, that the hydrant locations S(~~u Minutes Planning Commission -April t5, 2003 Page 3 are more than 400 feet apart. There may not be more than . 400 feet between the locations.) Ms. Wischnack stated one option is to table the request until all questions are answered. Mr. Hantge voiced his concerns with the density of residential units near the airport. Mr. Roger Derrick, property owner, commented on his narrative to explain the concerns and issues. He explained the unit designs and the management of the commons areas by association. He stated the easement between Lots 1 and 2 to serve the single family lots will be 20 feet. Mr. Derrick explained he understood the changes could be made on the final plat. Chairman Kirchoff asked Mr. Derrick to comment on each of the items listed from Staff. Mr. Derrick stated his cover letter explains the covenant statement. He stated language will also be included in the deed and purchase agreement. He explained the large book of documentation will be complete at the approval of the preliminary plat. He stated the homeowners association document does spell out the maintenance of the lots. Discussion followed on confusion when single family and tpwnhcuses are constructed in the same area. Mr. Derrick stated the single family Ipts will maintain Outlot A which will include a picnic area. The homeowners association will include that language in the documents. Ms. Wischnack stated there are concerns regarding the landscape consistency by each property owner along the ditch. Mr. Derrick stated language will be added tc address the issue. He addressed the grading issues on the site and stated his Engineer will adjust the plat as requested by staff. Mr. Hantge made a motion to table the hearing until the issues are addressed. Seconded by Mr. Haugen. The hearing was tabled until the issues are addressed to staff satisfaction. B. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY L&P SUPPLY LOCATED AT 1470 SOUTH GRADE RD Ms. Dtteson made a motion to table this item to the May meeting. The property owner was not present for this public hearing. Seconded by Mr. Haugen. The hearing was tabled until May. C. CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN A5 WENDY'S ADDITIDN AND CONDITIONAL USE PERMIT FOR DRIVE- . THRU AREA, MINOR FLOO^ PLAIN ALTERATIONS AND THE SHORELAND ALTERATIONS LOCATED AT 1190 HWY 7 W ~ ~a~y Minutes Planning Commission -April 15, 2003 Page 4 . Chairman Kirchoff opened the hearing at 6:20 p.m. with the reading of publication #7022 as published in the Hutchinson Leader on April 3, 2003. Ms. Wischnack explained the request for a two lot Plat and Conditional Use Permit to permit the drive-thru, make flood plain alterations and shoreland alterations. She commented on the service road changes and explained the Super America access. She stated the area to be developed does not require NURP ponding, however a new concept will be to construct a rain garden (depression to hold run-off). She explained the grading to realign the trail in the area. Proper siltation measures will be required during construction. She reported on the DNR comments and stated the City Forester is satisfied with the planting proposed. She explained the fees associated with the development and stated the City will maintain Outlot A outside of the rain garden. Ms. Wischnack explained staff will approach Super America regarding realignment of their entrances. Discussion follpwed on the area and how it can be made more pedestrian friendly. There was also discussion on the rain garden concept and the proposed trail. Christine Moss, Landform, stated the path will be constructed with a 5% slope according to ADA standards. • Rick Janssen, Wendy's International, stated there will be two rain gardens on the plat. Ms. Wischnack stated the City will maintain only the rain garden on Outlot A, excluding the actual replanting or original plantings of the garden. Ms. Moss explained the drainage pattern from the rain gardens stating the velocity will be reduced from the present drainage flows. Ms. Wischnack stated the drainage must meet predevelopment conditions or better. A representative from Burger King commented on his concerns with the traffic at the intersection of School Rd and Hwy 7. He asked how the increased traffic will be handled. Ms. Wischnack explained the existing problems with the intersection and stated the new plan should be an improvement with an added right turn lane onto the new frontage road. Discussion followed on the placement of the new frontage road and the stacking to alleviate some blocking of the intersections. Mr. Plaisance, Hutch Bowl, also is concerned with the ability to turn left onto School Rd. He stated now there will be 3 lanes of traffic to watch. There was discussion on the entire plan for the intersection which will be many years in the future. Ms. Wischnack stated this is a somewhat better plan for the present situation and that our future opportunities to address . the intersection are apparent at this time. (~~~~ t-I Minutes Planning Commission -April 15, 2003 Page 5 • Mr. Haugen made a motion to close the hearing. Seconded by Mr. Hantge. The hearing closed at 6:50 p.m. Mr. Haugen made a motion to recommend approval of the Preliminary Plat with staff recommendations. Seconded by Mr. Currimbhoy. The motion carried unanimously. Mr. Haugen made a motion to recommend approval of the Gonditional Use Permit with staff recommendations. Seconded by Mr. Flaata. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting to 6e held April 22, 2003 in the Council Chambers at 5:30 p.m. D. CONSIDERATION DF VARIANCE REQUESTED BY HUTCHINSON HOSPITAL TO REDUCE SETBACK FROM FREEMONT AVENUE FOR ADDITION TO THE HOSPITAL ICU AREA Chairman Kirchoff opened the hearing at 6:55 p. m. with the reading of publication #7023 as published in the Hutchinson Leader on April 3, 2003. Chairman Kirchoff abstained from voting. Mr. Haugen acted as Vice Chairman. Ms. Baumetz explained the request by the hospital for a variance to reduce the setback from Freemont Avenue from 25' to 4' for a portion of the building. She stated the hardship being no alternative far the IGU unit and the building was constructed before the present zoning ordinance was in place. She commented on the conditions recommended 6y staff which were as follows: 1. Construction must follow the plans submitted, dated March 3, 2D03. If changes occur with the plan, that further encroachment into the setback, the plan must be again reviewed. 2.The emergency access to the east of the addition shall not be impacted. 3. Plantings or other landscape improvements must be approved by the City Forester prior to placement. 4. The approval does not allow future additions to be placed up to 4 feet from the right of way and would require future variance approvals. Ms. Otteson made a motion to close the hearing. Seconded 6y Mr. Hantge the hearing closed at 7:00 p.m. Mr. Hantge made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Flaata. The motion carried unanimously with Chairman Kirchoff abstaining. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting to be held April 22, 2003 in the Council Chambers at 5:30 p.m. E. CONSIDERATIDN OF CONDITIONAL USE PERMIT REQUESTED BY KARRIE INGEBRETSON TO REMOVE EXISTING NON-CONFORMING GARAGE AND REPLACE 2.2 FEET FROM ALLEY LDGATED AT 415 FRANKLIN STREET SW Chairman Kirchoff opened the hearing at 7:02 p.m. with the reading of . publication #7D24 as published in the Hutchinson Leader on April 3, 2003. Q~U Minutes Planning Commission -April 15, 2003 Page G Ms. Baumetz commented on the request to remove an existing non- conforming garage and replace it with at 2 car garage. She explained the requirement for a Conditional Use Permit for replacement garages in this district. She commented on the recommendations of staff as follows: 1. Home occupations are not allowed in an accessory building. 2. Removal or relocation of services will be at owner's expense. (There are some utilities directly north of the existing garage.) 3. Garage height must not be more than 16'. 4. Driveway areas must be at least 5 feet from the side property lines. Ms. Baumetz explained a firewall must be added between the garage and the porch attached to the garage. Ms. Wischnack clarified home occupations for the Commission, that an accessory building may not be used, exclusively, for a business. Discussion followed on the height of the garage. Chairman Kirchoff made note of two letters in support of the request by neighboring property owners. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. . Haugen the hearing closed at 7:10 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations adding the requirement of a firewall between the porch and garage area. Seconded 6y Mr. Haugen. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting to be held April 22, 2003 in the Council Chambers at 5:30 p.m. F. GONSIDERATION OF CQNDITIONAL USE PERMIT REQUESTED BY CITY OF HUTCHINSON PARK DEPARTMENT TO CONSTRUCT A 24'X24' STORAGE GARAGE ON PARK PROPERTY LOCATED IN THE 100 YEAR FLOOD PLAIN AT ROBERTS PARK, 1600 ROBERTS ROAD SW Chairman Kirchoff opened the hearing at 7:12 p.m. with the reading of publication #7D28 as published in the Hutchinson Leader on April 3, 2003. Ms. Wischnack commented on the request far the garage to be placed in the flood way and explained the requirements and discussions with the DNR. She stated park use is allowed in the flood plain. She explained the staff recommendations regarding the size and height of the building. She also commented on the recommendations by the DNR. Discussion followed on the existing concession stand at the ball park. Dolf Moon, Director of Park and Recreation, stated the concession stand was constructed before the regulations in place today as part of a LAWCON grant. He explained the garage will be constructed as a joint effort between the school district and the city. The high school 5 ~~~)~a Minutes Planning Commission -April 15, 2003 Page 7 construction class will build the building in exchange fpr field use by the school. The building will be used for storage of maintenance equipment. Mr. Flaig, 525 Lakewood Drive, stated he is opposed to the request. He stated residents are not allowed to place accessory buildings on vacant lots. He stated the City should leave the park as a park and not clutter it with buildings. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 7:20 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations. Seconded by Mr.Currimbhoy. Ms. Otteson explained the Commissioners do take comments from the public into consideration. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting to be held April 22, 2003 in the Council Chambers at 5:30 p.m. NEW BUSINESS A. CONSIDERATION OF PETITION TO BEGIN ANNEXATION OF PROPERTY BY RESOLUTION LOCATED IN LYNN TOWNSHIP Ms. Wischnack commented on the annexation process and this case . being an Orderly Annexatipn will 6e by resolution which does not require a public hearing or township review. She explained the proposal and the location of the request. The property does abut city limits. Ms. Wischnack explained the Comprehensive Plan's Staged Growth plan for the parcel to occur between 2010 and 2015. Sewer and water access to the property are not available at this time. She stated there are plans to extend a major trunk line from the east to this area and beyond in the future. She reported concerns of staff which include the proximity to the airport, the comprehensive plan shows ag business planned for the area, over bonding to construct the trunk line and the staff believes annexation is premature at this time. Mr. Flaata asked what an ag business might be. Ms. Wischnack stated landscaping businesses, horticultural business, commercial sale of ag equipment. Discussion followed on the main trunk line needed to service the area and the cost of the line. Mr. Frank Fay, realtor, stated they began looking at the project a year ago. He stated at that time Mr. Rodeberg stated there was a 50/50 chance of the construction of the line in 2003. . Mr. Robert McManus, developer, stated he would not begin development of the property until 200} - 2D05. He explained it would possibly take 5 to 7 years to develop this area. He commented on being proactive in 5 c~~.~~~ Minutes Planning Commission -April 15, 20D3 Page 8 . development of the city. He commented on the type of single family residential developments he is proposing. Mr. McManus stated if a lift station is necessary he will pay his share of the costs. Discussion followed on the ag related businesses in that area and the concerns with residential development in proximity to the airport. Mr. McManus stated residential will spread costs of the trunk line. Ms. Wischnack stated there will be much Gity participation when the line is constructed. Ms. Otteson made a motion to recommend the annexation. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Wischnack stated the request will be placed on the City Council consent agenda at their meeting to be held on April 22, 2003 in the Council Chambers at 5:30 p. m. B. CONSIDERATION OF REQUEST BY GENE EBNET TO EXTEND VARIANCE GRANTED ON PROPERTY LOCATED AT 106 GARDEN ROAD Ms. Baumetz commented on the request for an extension of the variance which would also include the staff recommendations from the previous approval. Mr. Currimbhoy moved to approve the request with staff recommendations. Seconded by Mr. Haugen. The motion carried unanimously. C. DISCUSSION OF REGULATIONS REGARDING RESIDENTIAL DOG KENNELS This item was tabled to the May meeting. 5. OLD BUSINESS A. DISCUSSION OF REQUEST BY DAVID BROLL REGARDING PLANTING REQUIREMENT AT 902 HWY 15 5 Ms. Baumetz explained the history of the properties involved and the request by Mr. Broll to not plant trees on the North end of his commercial property. City Forester Mark 5chnobrich, commented on the lapse in time since 1995. He stated all commercial property must be screened from residential property in the city. Mr. Haugen directed staff to work with Mr. Kroll to provide trees as . required in 1995. Seconded by Mr. Hantge the motion carried. ~~~~t Minutes Planning Commission -April 15, 20D3 Page 9 • 6. COMMUNICATION FROM STAFF a) Staff will research cities regarding developments near airports. b) John Rodeberg will be asked to the May meeting to explain the proposed roundabouts for Hutchinson. ApJOURNMENT There being no further the meeting adjourned at 7:45 p.m. s ~~.~~~ . Ordinaocc Nu. X143 Puhlicnlion No. AN UKDINANCE OF THF. CITY OF HI1'I'CIITNSON, MINNESU'I'A, GRAN'T'ING SONOKA'S MEXICAN iZES'1'AUILANf THF' R1GHT TO PROVIDF. A S1llEWALK C.4PL`~.OVF.K ANL7 Al3OVL. CERTAIN PROPFK'1'Y LOCATED 1N PL1TiLIC RIGHT OF WAY ON 2N° AVENLJF.. THE C1TT OF IfUTCHINSON ORDAINS: Scctiun 1. The Cily of llutchinnun, it the County of Mcl.cud, Siatc nt Minnesota, hurua[ter referred to as (irantoa, hcrchy grants to Sunura's Mcxicau RestnurnnL, Inereattcr rrfetl'ed to an Grantee, ¢ traachine to operate and an¢intain a Sidewalk Cafd as dent.-ribed in the Izgal description end in h:xhibit A, fur the purpose of lined sofas ov ccrtnil property owned liy the City of Hutchilsonn, described as follows: '1'hc right of way abutting the south 2/3 of Lot S, South IIalf of the City of Hulchiuaon Section 2. The franchise is grunted for a term of ate (I) ycnr commencing on the dale of the ncccplnuce of the tranchisc_ Clrentee shall file fl written acceptance of the ltnnchine with the (:yty Administrator of the City of Hutchinenn within ten (I0) days after lhn effective date of this orrlitlance. The franchise shall become clTeetlve only whin the ncccptance hoe been flied and cvidenco of general conlprehensiye and liability irlautnnce provided for !n this grant of franchiae has been filed and nppruved. In addlhon, a flliag fee p1 $30 must be paid. Section 3. Grantor reserves the right w ellforcc rcnsouablc regulations concerruvg consvuction, operation nod u7ninLcnauce of facilities located along, over and under the public premises before menlionzd and the placement of such facilities. SccLiuu 4. CirnnLcc shall indemnify and defend Grantor, ifs boards, cunuttissions, officers, ngenln and enyllnyces, in any and all other public agencies, and their nrembern, officers, agents and eri7plnyees, ngailst nny and nil linbililies For injury to ox death of any person ur atay dmm~gt to any prupexry caused by Grantee, its ulTicers, ngen[s o1' employees in the cunshilction, uperh[ion ar mfliutell¢nec of ifs properly, ur arising out of the exercise of nny right or plivilcge under the Ganchise. Section 5. Flr nil Limes during the term of the franchise, Grantee will, nL its awn expense, maintain in farce general conlprchcnnive liability insurance, v`dth nn lnsnrnncc Company approved by the City of Hutchinson, wide limits npprovtd by the policies being fur [lie protection of lirunlur alad its o1Tice[s, ngcnts and employees, against liability for lose nr dnnwge tar bodily Injury, death or prupe[ty damage occanioncd by the activities of the (Ir¢ntcc under the frnadlise. Sccliou G. Cirantct shall oat hnvz the right lu assign the liauchisc otherwise fr¢nsfer it in nny mariner whntsxver nr sell, lease, license, tnortguge, or permit others to use Lrausfer in any unanner whulsoever nny interest in all or any pun of its facilitizs' dnat arc ins[alled nr operated under this grant. except nn prior written approval by ordinance of Lhc Clty l'.ouncil of The Cily of Hutchinsuu. ,Scctiun 7. in the cvcul [hat Snnurn's Mexican Rtstaur¢nL should count to exist or should fail kl else Lhc franchise fo[ one culcndar ycnr, this hanchisc nhnll be deemed null and void and shall revert to the City nCllutchinson without any action an Lhc part of the City of Hutdurlson whnls'oever. Section 8. Thin nnlinanet shall tnkc effect from and after passage and publication, subject to the provision about n•yui'ivg written ncceptanec by Sonorn'x Mexican Resla ul'ant. J ~~ (. ~~~ 1 . Adoptcd by the City Council, this day of , 2D01. Attest: City Adnunistrator ' Published in the Hutchinson T.eader on __ _ _ First Readin¢: Secoud Reading: C~ Mayor 5C~~1 ~`~~~,~ ~aruc ~~t~ C~'&~9~s, ~~~~tr ~p~rau~°t;, ~~a.~x~ "1 ie:°~ #"~a~rm~ ~~~~~ Raa~il'ds,~~, «1~,~~y~ ,• ~~ ~rr~~~u~ i~~~te~ ~1~~ ~i~1~-a~~ ~~r~~~, "I"1~~ 1 ~, 11~~ ~t tix~ ~;a~'~ ~~~~~ti~ €; ~c~~ t, ~ :r -~.!(~n ~ ~fi~n~ $~~.i1~-t~;~, ~,~;_.19_ ~ 1~~.~li i~ ~~~w~~3 by ~~~if, r ~r,a.,r~ra~ IL r!.rK~-lK 'ter CL rC4 ir'7f "F C=L r!a.{a~!~f rr HMV{~7 i~'+ ~~~~ os:w-ac~.~. r'~..•rc.-T.~ ~Vf L^w.~OY n Lf 7 Cr' i16 ~ '. 4Y1, ~' /f /1r Lyi'~rrrii~..ry7!rr M s ~.F. St1 •~ S ~A f _~i C"~ ~~~ w 7r t•~L+wr'C ~taf v~'lL+'" tCA '~~CrC LA M' L^^~.LO~ fC~L~•~L C LC7 .G a •tl o'C~ a.- IL ~ r'X 7 ~i GCf <rt .~ICU~ a r' ~rw-' ~r -• ~i,r L~iCa #:t.rec «L L'LM~'N M L;~+CLa C~1f~dC i~L ovN•r'_'d ~ ~u~ L~zrn _ D.' ~+~ ~ L~` .+r'7'f ti C+Z' .~v~hi =~ !L LC!T M' R'L~~ C ^LLkfi ^T N tl ~+~r °_.i 3 ~.'_~'j4' 3' 4F Q t POCC r If7' Ni ~•r'.~i y I ~S'~;. a a i '~ r,~ ~h~~ e h os~ seoc-~xur -~c.r~. v f~L f!'wf~ ~v err +..~ W K A. f w~Y~ L ^ I S ll"Ji l l:l _ .___ _ . Sri-k:r~ CL'c C~ f d C~ c L ~. ~ ~.~'~1~+~~ rl %irf C~.E[R C'7fdC -~L r~~ '!~~el" C!'Ll7i .! C}.7` .,„ `'Si ~~ 41r~ii,'CL Cr'~'_' G a .a.~ ~ f ~ .,. . ,, OdG'Yr ,.. , ,. _ .W~__ ~~~~ [ AVE SW ~~ra'.7i O~ ~r.7nl_hf'~ti ~~~~~ MINNESOTA LIQUOR LIABILITY ASSIGNED RISK PLAN Minnesota Joint Underwriting Association Pioneer P.O. Box 1760 St. Paul, MN S51D1-0760 . (651) 222-0464 OR 1-800-552-0013 C E R T I F I C A T E O F I N S U R A N C E F O R L I Q U O R L I A B I L I T Y C O V E R A G E This certificate is issued as a matter of information only and confers no rights upon the certificate holder. The certificate does not amend, extend or alter the coverage afforded by the contract listed below. Policy Number: LL02-9514 Contract Holder and Address: JUAN & ROSA PEREZ SONORA'S MEXICAN REST. 15 2ND AVE SW HUTCHINSON MN 55350 Scheduled Premises:SAME AS ABOVE Contract Period: 12:01 A.M. 03/31/03 TO 12:01 A.M. 03/31/04 This is to certify that the Contract of Coverage described herein has been issued the Contract Holder named above and is in farce at this time. Notwithstanding any requirement, term or condition of any Contract or other document with respect to which this Certificate may be issued or may pertain to the coverage afforded by the Contract described herein is subject to all e terms, exclusions and conditions of such Contract. PE OF COVERAGE LIMITS OF LIABILITY Bodily Injury $ 50,000 each person Property Damage Loss of Means of Support Annual Aggregate $ 100,000 each occurrence $ 10,000 each occurrence $ 50,000 each person $ 100,000 each occurrence $ 300,000 annually Should the above Contract be cancelled befoxe the expiration date thereof, the Plan wiJ.l mail 60 days written notice to the below named Certificate Holder, however, in the event the cancellatipn is for non payment of premium, the plan will mail a 10 day written notice. Cer~i~icat~__Holder . Name._.&._Addr.ess_:..._-.....__._.__-- CITY OP HUTCHINSON 111 AASSEN ST NE HUTCHINSON MN 55350 03/D3/03 Agents Name & Address: FIRST MCLEOD AGENCX,INC. 613 E 10TH ST ~NCOE MN 55336 D/a~tegFlls1su~ed . Authorized Representative ~~~~~ RESOLUTION TO CHARGE FOR SERVICES Resolution Na. ~~ WHEREAS, the Hutchinson Police Services has provided the service of fingerprinting individuals for purposes other than arrest at no cast; AND WHEREAS, the Hutchinson Police Services provides copies of squad videos, audio communications and photographs to private entities without a set cost in the City of Hutchinson fee schedule; AND WHEREAS, the Wutchinson Police Services would like to set fees associated with these services and have them incorporated into the City of Hutchinson fee schedule; NOW, THEREFORE, BE IT RESOVLED BY THE CITY COUNCIL OF YHE CITY OF HUTCHINSON, MINNESOTA: 1. That the Hutchinson Police Services may charge a fee of $10.00 to individuals seeking tc be fingerprinted by this department. 2. That the Hutchinson Police Services may charge a fee of $30.00 to . entities requesting copies of video and audiotapes. 3. That the Hutchinson Police Services may charge a fee of $2.00 per page for requests to printing out digital photographs. 4. Rates for these services may change and will be made a part of the city rate schedule Adopted by the City Council this day of , 2003. Mayor City Administrator CS~~, RESULiJTiON NO. 12184 RESOLLi'F1C1N APl'1LOVING A PRF.i,iM1NARY PLAT TO RE KNOWN AS RAYENWOOD WEST SLIHMITTED BY ROGER llERRICK, DF.RRiCK iNYESTMF.NT COMPANY • 13E IT RESOLVIiI~ HY '1'lIE CITY CUiJNCIL OF TidE Cl"I7 pF HCITCHINSON, MN; ~JDIN(' 1. The property owner has submitted a twenty one lot preliminary plot to he known as Ravenwood Wcst. LE(3AI. DE5CRTPTIUN: Outlol A, I2AVENWUOD, according to the retarded plat thereof. 2, The C..'iry Counci] has considered the recommendation ofthe Planning Cormnission and the effect ofthe proposed use on the health, safety, and welfare of the occupants ofthe surrounding ]ands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect ofthe use on the Comprehensive Plan. 3. Thn Council has determined that the proposed use is in harmony with the general purpose and intent of the "Coning Clydinance and the Comprehensive 1']an, rf the conditions, as outlined below arc met. CONCL 7L SION The City Council hcrchy approves the preliminary plat with the following: 1. The developer must provide covatants which indicate and explain the Aiport Zoning restrictions and the building plot areas. 2. The homeowners association documents indicating the long term maintenance . responsibilities ofthe ponding and ditch areas. 3. The twin homes may not be constructed until Bluejay 1]rivc is constructed and the ponding improvements area complete. 4. There needs to be added right of way on the southern portion ofthe plat 5. . T1te grading plans must indicate extra erosion control around the pond to the north. 6. 'the grading plan must indicate house types for the lots 7. . The sanitary sewer line issue must be resolved. 8. The ditch redesign mttst be acceptable to the City Engineer. 9. The pond shelf requirements must be revised. 10. Easements in areas of wutcr, sewer and storm sewer lines must be enlarged to provide a means of access for maintenance and eventual rcconstmction ofthe lines. 11. A developer's agreement must be approved prior W final plat approval and site grading. 12. Fees and bonding is due prior to commencement of construction a[ the property, 13. Hydrant locations and separations must be no more than 400 feet. 14. No building pemtits will be issued for this plat until services are available with the exception of one model home. Adapted by Ihn City Council this 27th duy of May, 2UU3. A'1"fEST~ Uary P. Plotz Marlin ll. Torgcrson City Administrator Mayor S~r~1 C~ PUBLICATION NO. ORDINANCE NO. U3-339 AN ORDINANCE AMF.,NDING 1'HL OFFICIAL ZONING MAY OF THF. CITY OF HUTC:HINSON FOR A YROYF,RTY TO lili REZONF,D FROM RIAND C2 TO R2 LOCATED AT OUTLOT A, RAV)N;NWOOD THE C1TY COLTNCTL OF THE CITY OF HUTCHINSUN, MINNESOTA ORDAINS: WIiEREAS, the following described real property is hereby reroncd from RI (Low Density Residential) and C2 (Automotive Service Commercial) to R2 (T.~~w Density Residential -Single and Two family) as requested by property owner: LEGAL DESCRIP'T'ION: Oullot A, Ravcnwood . WHEREAS, the Cily Planning Commission and City l'ouncil have considered the effects ofrezoning this piece oFproperty; WHF.,REAS, there are certain parameters that will make this rezoning appropriate for this area; TII)REFORE; the City hereby officially rezones this property to R2 and it shall take effect upon publication of this ordinance; Adopted by the City Council this 10~h day of June, 2003. ATTEST: Gary D. Plotz. City Administrator Marlin D. 'I'orgerson Mayor 5~~~ -ATE: May 20, 2003 Hutchinson City Center 111 Hassan $treY:l 5T. Hulchinxon, MN 563.50.2522 320.587-S1S7/Fax 320.234.4240 MF.MORANI)UM TO: Hutchinson City Council FROM: Hutchinson Planning Conmtission SUR.IN:CT: CONSIDFRAI'1ONOFPRELIMINARYPLATTOSEKNOWNASRAVENWOODWESTAND I2E7.ONING PROPHRTY TO R2 Sl1IiMiTTIiD BY ROGER D)rRRICK, lllrltRICK INVESTMENT COMPANY Yut'suant to Section 12.10 of Zoning Urdinancc No. 464, the Hutchinson Planning Commission is hereby submitting its }findings of fact and recommendation with respect to the aforementioned request for preliminary plat. HISTORY The applicant has submitted a 21 lot preliminary plat (total units could be 29 units if twin homes were cotutructed on the • eastem side). Ravenwood West would be the plat name. The 21.47 acre parcel was part of the original Ravenwood plat and intended for single family homes and autanotivc service comnlercial.'fhe applicant is requesting to rezone the parcel to R2, single and two family lots. The property was annexed to the City of Ilutchinson in April of 1998. Derrick Investments platted the property in June of 1998 as mixed use residential on the east and storage units with some single family residential on the west in the Airport Zones A and R_ FINDINGS OF FACT 1. 1'he required application was submitted and fee was submitted. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on April 4, 2003. 3. Tbere were no neighboring property owners present objecting to the request. 4. AirportLoning There arc not a lot of plats, which are reviewed with the Airport Zoning requirements of the Ciry Code. This property presents pieces both of Zone A, which is a "no build" zone and also with Znne S, which is conditionally buildable if certain densities and standards arc met. There should be a designated building plot area far al] of the parcels to prevent scattered buildings on the development site (i.e. outbuildings, etc.) Another point of the ordinance is that the use must be no smaller than 3 acres in size. 1'he site is approximately 2U acres in size. The ordinance also determines that no more than 15 persons per acre may be placed on the property. In this case, there are 21 parcels proposed, with a maximum of 29 mlits (twin homes on the eastern portion). Staff estimates a 2.4 person per household (based on the 2000 Census), which would create approxunately a density of 70 persons. The density does Hat exceed the ordinance requirements. There should be restrictions placed within the subdivider's agreement, covenants on the property, and within the r tlsolufiotnd concerning this developmern that it is located within atr Airport approach area anal t~rere ma~~e significantly more noise than other properties withittC ~~~~ Finding of Fact -March 19, 2003 Ravenwood West -Rezone and Preliminary Ylat Roger Derrick Page 2 the Giry. There are restrictions in the airport zone and these restrictions mustbe conveyed to the property owners. In addition, there would be no outbuildings allowed on the properties, unless it fits withht the building plot area. (Plot areas on the west side are 40' x 60'; on the east side 55' x 70'.) Y'ranrportatiare The streets that would lead to the western lots are an an existing street -Dale Street. Proper drainage for driveways in this area isvnportant. The twin homes, on the eastern portion of the property would be access off of a continued street (Bluejay Drive) in the existing Ravenwood plat. These lots cannot be built upon until the street has been installed by the developer. Grading Erosion control measures must he utilized throughout any distwbance area. Extra fencing should be added to the north area. The problem is establishing permanent vegetation prior to the fall. The developer must identify a maintenance person fox weed or site erosion control prior to construction. Fees The recently adopted bonding requirements (section 12.20, subd. 1 (K)) was effective as of January 14, 2003. This requires that the developer provide a bond or letter of credit in favor of the City, in the amount equal to 100% of the project improvements. The City also collects a 7% cash escrow from the developer prior to construction. Both items axe due prior to commencement of construction. The parkland contribution in the R2 district is $175.00 per utrit. SAC/WAC charges in 2003 are $2040.00 per unit (note this fee increases every year). This development is located in the electric service territory area, which places a charge of $800.00 per unit. 'fhe above costs arc collected with the building permit fees. S inrrnwater Outlot A, where the storm water pond is located, will not be owned by the Ciry. A homeowners association must be established to provide maintenance of the pond and ditch areas. RECOMMF.NDA'fION: 'fhc following list identifies items that need to be addressed ar conditions of the preliminary plat: 1. The developer must provide covenants which indicate and explain the Aipon Zoning restictions and the building plot areas. 2. The homeowners association documents indicating the long term maintenance responsibilities of the pending and ditch areas. 3. The twin homes may not be eonstmctecl until Bluejay Drive is constmcted and the ponding improvements area complete. 4. There needs to be added right of way on the southern portion of the plat. 5. The grading plans must indicate extra erosion control around the pond tv the north. 6- The grading plan must indicate house types for the lots. 7. The Sanitary Sewer lint issue must be resolved. 8. The ditch redesign must be acceptable tv the City Engineer. 9. 711e pond shelf requirements must be revised. ~ ~~~ Tinding nCFac[-March 79, 2003 Ravenwood West -Recone and Preliminary Plat Roger Merrick Page 3 10- Easements in areas of water, sewer and storm sewer lines must he enlarged to provide a means of access far maintenance and eventual rceonstruction of the lines. ] 1. A developer's agreement must be approved prior to final plat approval and grading. ] 2. Pees and bonding is due prior to commencement of eonstmctivn at the property- ] 3. liydrant locations and separations must be addressed. ] 4. No building permits will be issued for this plat until services are available with the exception of one mode] home. Respectfully subtnitted, peen KirchoiC, Chairman Iutchinson Planning Comrnission cc: Roger pcrrick, Village Homes of Hutchinson ,inc., 7301 Ohms Lane, Stc. 560, Edina 1VIN 55439 Ed Rottman, 564 Hassan St. SE, Hutchinson IoIN 55350 ~~c~ 1 CITY OF HUTCHINSON PLANNING STAFF REPORT • To: Hutchinson Planning Commission Prepared By: Planning Staii: Brad Emans, Doli Moon, Don Nelson, Miles Seppelt, Amanda Alison, Jean Ward, John Rodeberg, P.E., John Webster, John t7lson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sehora, Gary Plotz, Ken Merrill, .lim Popp, Sgt. Chuck Jones, Dick Nagy, .lulie Wischnack, AICP, and Bonnie Baumetz Date: May .5, 2003 -Meeting Date: May 20, 2003 Applicant: Roger Derrick, property owner PRt~;L1MTNARY PLAT AND RE70NING May Update: The Planning Commission tabled this request until the follow up with the staff recommendation items is complete. The items have been addressed by Mr. Derrick as stated in his letter of May 1, 2003 and the revised May Narrative. 1. The developer must provide covenants, which indicate and explain the Airport Zoning restrictions and the building plot areas. . Tlaere is verbage in the May Narrative addressing the Airport zoning. The warding was satisfactory to the Planning Staff`.' 2. The homeowners association documents indicating the long term maintenance responsibilities of the ponding and ditch areas. The developer has provided copies of draft covenants regarding maintenance of ditch drainage easemenl area and Outlet A easement area to the satisfaction of the Planning Staff. 3. The twin homes may not be constructed until Bluejay Drive is constructed and the ponding improvements area complete. Na issues with this requirement A. There needs to be added right of way on the southern portion of the plat. The revised Preliminary plat received Apri130, 2D03 includes a 60 fans street dedication on the south end of the plat 5. The grading plans must indicate extra erosion control around the pond to the north. This has been changed 6. The grading plan must indicate house types for the lots. This has been corrected and a revised survey has been submitted 7. The sanitary sewer line issue must be resolved. This has been addressed. 8. The ditch redesign must be acceptable to the City Engineer. The revised .Narrative states the slope of the ditch to be 6:1 however the sanitary sewer plan (Sheet 5) shows the elevation at 25%. This must . 8e corrected an the plan. The City Engineer's letter ofAuril 24, 2003 states no pradinQ may take place on the nronerty until after the Final plat and Subdivision A reemettt area roved. 9. 'f'he pond shelf requirements must be revised. This has been revised ~ Cc_~ 1 Preliminary Plat-Ravenwood West Village Homes of Hutchinson -Roger Derrick Planning Commission- May 20, 2003 (revised memo May 5, 2003) Page 2 10. Easements in areas of water, sewer and stone sewer lines must be enlarged to provide a means of access for maintenance and eventual reconstruction of the lines. The revised prelimtttary plat does indicate a 25' easement between late 1 and 2, dots 14 and XS and lots X 6 and I7. 11. A developer's agreement must be approved prior to final plat approval. Nut an issue at this time. 12. Fees and bonding is due prior to commencement of construction at the property. Staff u of the impression Ihat add improvements will be conducted privately and has indicated the procedures far this. (Excluding Blue Jay, which would be conducted as a Ciry project and assessed to the property.) A performance bond in favor of the Ciry must be provided in the amount equal to all improvements required for the projee't. (Ordinance #02-317). 13. The hydrant locations and separations must be addressed. The developer's letter of May X, 2003 slates the fire hydrants an Dade Street will be not more than 400 feet aparC Staff remains concerned about the timing of the trunk sewer to serve this area and recommends no building permits be issued far this plat until services are available. Cc: Roger Derrick, Village Homes of Hutchinson ,loc., 7301 Ohms Lane, Ste. 560, Edina MN Gary D'Heilly, 625 Lake Dr. W, Artttandale MN 55302 Ed Rettman, 564 klassan St. SE, Hutchinson IvIN 55350 J (c~ 1 ~ ~ ., ~ "° ~ ~ ~.~ ~ ~ , .,.~~ ~ ~ ~a ~~ ~5 . ~ ~ P %,A" ' ~ ~' ~ ' `p, ~~, e ~~ ~~ gd ~ ~ ~ w F"°~ 'M.. .T ~°" w f"~ k ~ i ~ ~ dtil ~ r ~rt ~ ~": wa ~. o ~: i 7 ~ wn ¢ a ~ ~ ~ ~ ~ a ~ ~ ~ m ~ ~ ~ ~ ~ ~ ei i /~y~ ~i~. tl ) ~u CS pr `` ~ w~> 9 i~ ~~ d ~ ~? ~~ ,' y i_ ~h ~~ ~~~` ,~ ~ z" ~' ~_ ;. ~"~r~~__ ~_~~ ` . L .... ~" ~~ py 5 Y~ ~ ~ ii ~ ` ' S t I ~ "~ i ~. ~, ° c s a1N `i ~' ~~ € E ~ s . IG ~~~ ~a ~~' ~; ~ ~~z ~ `~ ~~ , ~ ~ ~ ~ ~ ~~~ { J1 1, k ~ C m~ ~~~ q ~ ~p pI 4T g g ~~~ r p 4 _ ~ n ,W.u. ...m.~- ~' e L~ ~ ~^ ~~~"I i~ F ,~ i{' ~ zF f `` ~: ~,Y 7 . k ~~ "~ - i ~~.,~ ~^W« .,~ ~~ ~ O . ~~ C °'~ - a,..... I. '„,, pp ~~ _,a ~° ~ C • Apri124, 2003 Ed Rettman Jr. Excavating 5G4 Haasau Slreel SE Hutchinson, MN 55350 Hutchinson Cites Center 111 Hessen Street SE Hutchinwn, MN 55350.2522 320.587.5151/Fax 320.234.4240 RE: Grading and Earth Moving at Ravenwood Development Site Dear Mr. Rettman: We have reviewed your request to complete some grading and material relocation from and within the Ravenwood development site, and have the following comments: • As per previous discussions and actions, no material shall be moved, removed or added to the proposed Ravenwood West site prior to final approval of the . project (preliminary plat, final plat, subdivision agreement). This would effect your request to sell and remove some of the stockpiled or "excess" topsoil from the site. It was noted that there is excess clay material available from Bruce Naustdal's home construction in Ravenwood First Addition that you would like to move to an area previously platted in the original development for 4-plex townhomes. As long as that work does not conflict with the provisions of the first paragraph, this work would be permitted. If you have any questions or comments, please let me know. Works • cc: Gary Plotz -City Administrator 3ulic Wischnack - Airector of Planning/Zoning/13uilding Prinrad an rayckd pater - 5~~]1 RECEI~ ~ -' ,-; goo perrick Investment Company p~rofy -~ ept o/ ~rcryM 7301 Ohms Lane #560 p~s~° Edina, MN 55439 TEL: (952) 83D-0161 FAX (952) 831-1215 E-mail: info.choa minds rin .cam www.chofamerica.com May 1, 2003 Bonnie Baumetz City of Hutchinson 111 Hassan Street 5E Hutchinson, MN 55350 RE: Ravenwood West Dear Bonnie: Enclosed please find the revised Ravenwocd West submittal, which includes the Ravenwocd West narrative, the site, plan, grading and erosion plan, utility plan, and preliminary plat. The following changes have been made pursuant to directions received at the last planning commission meeting and subsequent discussions with staff. ~ Fire Hydrants along Dale Street will be no more than 400ft. apart. y Utility easements for the sewer and water lines between lots 112, 14/15, and 16/17 has each been increased from 20ft to 25 tt. Y The chart showing building types and floor elevations has been added to the grading plan. Lots 1 and 2 were mismarked before. Now they show slab units without basements to conform to the chart. y The preliminary plat now shows the 60ft street dedication at the south end of the plat. Please note that will be the access to Dutlot A. ~ Dutlot A and the 60ft ditch easement will be mowed and maintained by the homeowners associations. J `~~~~ } • Y Lots 1 through 8 will be twin homes and will have an association set up to do all of the exterior maintenance including snow plowing and shoveling, irrigation system maintenance and mowing all the yards including the 30ft portion in the back abutting the ditch for lots 1 through 5. Lots 9 through 21 will be single-family homes. Those owners will maintain their own properties except that they will have an association whose only function is to maintain Outlot A and the 30ft strip abutting the ditch behind lots 11 through 14. Fabyanske, Westra, and Mart PA have drafted the enclosed language, which evidences the above and also addresses the airport zone notification. (See next item). Airport Zone Notification is addressed in the enclosed legal document. The wording contained in the second portion of paragraph one was worked out with Julie last month. As you can see the notification language will appear in each purchase agreement and each warranty deed and in the declaration for the homeowners associations. The legal documentation for both homeowners associations will be submitted after the approval of the preliminary plat, but before the approval of the final plat. The enclosed documents contain the language that was requested pertaining to the maintenance of the drainage easement areas and the notification of the airport zone restrictions. . I believe this addresses all of the outstanding issues. If not, please contact me immediately so we clarify any unanswered questions. S' ly, ~ ~ ~~~~~ ~~ 'Rog De ick Derrick Investment Company ~ 1 LJ 5c~~~ RA'VENWOOD PRO,iECT • ADllITIONAL CONDITIONS FOR APPROVAL 1. The following language regarding airport zone shall be put in these documents relating to the single-family and twin home development: (1) the Purchase Agreement with homeowners, (2) the Deed to the homeowner, and (3) the Declaration for the Homeowners Association: The Property is located in "Airport Zone B" within the meaning of 1utchinson City Ordinances. Consequently, the Property is prohibited from having "detached accessory buildings" constructed thereon, as "detached accessory building" is defined by Chapter 13 of the Hutchinson City Ordinance. 2. The Covenants Regarding Maintenance of Outlot A and Drainage Easement relating to the single-family development in the form attached shall be recorded immediately after the recording of the plat and prior to any subsequent mortgages or deeds. In addition, the Purchase Agreement and Declaration for the Homeowners Association of the single- family home shall refer to and attach a copy of the Covenants Regarding Maintenance of Outlot A and Drainage Easement. 3. The Covenants Regarding Drainage Easement relating to the twin home development in the form attached shall be recorded immediately after the recording of the plat and Covenants Rcgarding Maintenance of Outlot A and irainage Easement, and prior to any subsequent mortgages or deeds. In addition, the Purchase Agreement and Declaration for the Homeowners Association of the twin homes shall refer to and attach a copy of the Restrictive Covenants Regarding Drainage Easement. C:\WINDOWS\Temporsry Internet Files\Comcnt.CES\07EXSSIV\244114.doc ~(~~~ COVENANTS 1tEGAI2DING MAINTENANCE OF' DRAINAGE EASEMENT AREA, RAVENWDOD WEST T)-IESE RESTRIC'ITVE COVENANTS are made this day of 2003 by DERRICK INVESTMENT NO. 91, INC. ("Derrick") and RAVENWOOD TOWNIIOME ASSOCIATION, INC_, a Minnesota non_profit corporation; WIIEREAS, there exists a 60-foot wide public drainage easement area shown on the plai of Ravenwood West, McLeod County, Minnesota of which 30 feet (the " 30-Foot Easement Area") is located in the rear of the following townhome lots (the "Burdened Lots"): hots through ; Elock , Dots through ;Block , all in the plat of Ravenwood West, McLeod County, Minnesota. WHEREAS, Derrick is currently the owner of the Burdened Lots; WHEREAS, as part of the approval. of the development involving the $urdened Lots, the . City of Hutchinson is requiring that the Association be responsible for the mowing of grass on and other maintenance of the 30-Foot Easement Area; WHEREAS, Derrick desires to impose covenants upon the 30-Foot Easement Area which require the maintenance obligations of the Association as set forth herein; ]VOW, THEREFDRE, Derrick and Association agree as follows: 1. 'fhe Association does hereby agree, for the benefit of its members and for the benef t of the City of Iutchinson, to do the following on the 30-Foot Easement Area: mow grass, remove and replace diseased vegetation, remove refuse and debris, and otherwise maintain the 30-Foot Drainage Easement Area; provided, however, that the Association shall not perform any such work with any wet areas of the diich in the 30-Foot Easement Area, it being intended that the City of Hutchinson will repair and maintain the siormwater facilities and wet areas within the 30-Foot Easement Area. 2. The covenants set forth herein shall be perpetual, shall run with the land, and may be amended or terminated only by a written agreement between the City of Hutchinson and the owners of the Burdened Lots_ [signature page follows] r~ C:\WQ~ri0W5\Ternporary Internet Files\Conrent.ni5\07EXSSIN244129 (1).doc 5 CC-~ 1 DFKRICK INVESTMENT N0.91, INC. By: Its: RAVIENWOOp TO'WNHOME ASSOCIATION, INC. I3y: Its: STATE OF MINNESOTA COTlNTY OF )SS. The foregoing instrument was acknowledged before me this day of 2003 by the of Derrick Investment No. 91, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) )SS. COiINTY OF ) The foregoing instrument was acknowledged before me this day of 2003 by ~ the of Ravenwood Townhome Association, Inc., a Minnesota non-profit corporation, on behalf of the non-profit corporation. Notary Public DRAFTED BY: Dentus J. Trooien, Isq. Fabyanske, Westra & Hart, Y.A. Suite 1100, Kinnard Financial Center 920 Second Avenuc South. Minneapolis, MN SS402 (612)338-0115 (::\W WDOWS\Tempormy Inumet Fi]es\ContentlES\07EXSSN1244129 (1).dnc <<~ ~ COVENANTS REGARDING MAINTENANCE OF OUTLOT A AND DRAINAGE EASEMENT AREA, RAVENWOOD WEST THESE CUVENANTS REGARDING MAINTENANCE OF Oi7TLOT A AND D1tAINAGE EASEMENT AREA, RAVENWOOD WEST, are made this day of 2003, by DERRICK INVESTMENT NO. 91, INC. ("Derrick") and RAVENWOOD F10MEOWNER5 ASSOCIATION, INC., a Minnesota non-profit corporation (the "Association"). WHEREAS, Derrick is the Owner of Outlot A, Ravenwood West, Mcleod County, Minnesota ("Outlot A"); WHEREAS, Derrick contemplates the conveyance of Outlot A to Association; WHEREAS, there exists a 60-foot wide public drainage easement shown on the plat of Ravenwood West, McLeod County, Minnesota of which 30 feet (the " 30-Foot Drainage Easement Area") is located in the rear of the following single-family lots (the "Burdened Lots"): Lots through ;Block Lots through ;Block ; all in the plat of Ravenwood West, Mcleod County, Minnesota. • WHEREAS, as part of the approval of development involving Outlot A, the City of Iutchinson is requiring chat the Association own Outlot A and be responsible for the mowing of grass on and other maintenance of Outlot A and the 30-Foot Drainage Easement Area; WHEREAS, Derrick desires to impose covenants upon Outlat A and the Burdened Lots which require the maintenance obligations of the Association as set forth herein; NOW, THEREFORE, Derrick and Association agree as follows: 1, putlnt A has been or will be conveyed to the Association, which conveyance shall be sul?ject to the obligations of the Association under this Covenants Regarding Maintenance of Outlot A and Drainage Easement Area, Ravenwood West. 2. Llpon conveyance of Outlot A to the Association, the Association does hereby agree, for the benefit of its members and for the benefit of the City of Hutchinson, to do the following on Outlot A and the 30-hoot Drainage Easement Arca: mow grass, remove and replace diseased vegetation, remove refuse and debris, and otherwise maintain Outlot A and the 30-Foot Drainage Easement Area; provided, however, that the Association shall not perform any such work within any ponds of Outlot A or wet areas of the ditch in the 30-Foot Drainage Area, it being intended that the City of Hutchinson will repair and maintain the stormwater facilities, ponds, and wet areas within the public easement areas of Outlot A and the 30-Foot Drainage . Easement Area. C:RV[NDOWS\Temporary In[emet FileslCvn[ent.lES\07EXSSM244120.doc S ~C~1 3. The covenants set forth herein are perpetual, shall run with the land, and maybe amended or terminated only by a written agreement between the City of Hutchinson and the Association. DEI2RICI{ INVESTMENT NP. 91, I1VC. sy: Its: RAVENWOOD HOMEOWNERS ASSOCIATION, INC. By: Its: STATE OF MINNESOTA ) )SS. COUNTX OF ) The foregoing instrument was acknowledged before me this tkle 2003 by day of . of Derrick Investment No. 91, lnc., a Minnesota corporation, on behalf of the corporation. Notary Public STATE ON MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this the 2003 by day of of Ravenwood Homeowners Association, Inc., a Minnesota non-profit corporation, on behalf of the non-profit corporation. Notary Public DRAFTED BY: Dennis J. Trooien, Esq. Fabyanske, Westra & Hart, P.A. Suite 1100, Kinnazd Financial Center 920 Second Avenue South Minneapolis, MN 55402 (612)338-0115 C:1W W llOWSlTemporory Interne[ Files\CoMrnt.lES\07EXS5IN244120.doc 5(~-~~ ~ Ravenwood West Narrative (Revised May 2003) Derrick Investment Company is proposing a residential development for Outlot A, Ravenwood to be known as "Ravenwood West". The property is in Airport Zones A & B. Airport Zone A does not allow any buildings to be constructed. Airport zone B does allow limited building construction. The ordinance requires that structures be arranged along a continuous building plot so that most of the land is left open for emergencies. This development meet's the requirements contained in the airport zoning ordinance. To ensure that every owner understands that there are building limitations on their lots, the following language will be inserted in each purchase agreement and will be contained in their deed, which will be recorded. "The Property is located in "Airport Zone B" within the meaning of Hutchinson City Ordinances. Consequently, the Property is prohibited from having "detached accessory buildings" constructed thereon, as "detached accessory building" is defined by • Chapter 13 of the Hutchinson City Ordinance." Ravenwood West will consist of 8 twin-home lots (16 units) and 13 single-family lots. City sewer and water will serve all lots. Prior to any development, the Ravenwood pond will be completed and the ditch relocated to be a buffer between thetwin-home lots and the single-family lots. The relocated ditch will be gradually sloped (6:1) so that it can be easily mowed down to the water level of the ditch. The ditch will flow into the pond, which will be located within Qutlot A, Ravenwood West. The City will maintain the deep portion of the pond and outlets because it is part of the overall watershed drainage. The twin-homes will be one-level. Six (6) will have look-out basements and two (2) will not have basements. Three (3) different floor plans will be offered. There will be a homeowners association that performs all exterior maintenance including lawn care (mowing, fertilization and weed control), including the 30 ft easement area to the rear of the lots adjacent to the ditch, snow removal (shoveling walks & plowing drives), and will maintain the underground irrigation system. All driveways will access Blue Jay Drive, which is a public street. We will petition the City to complete Blue Jay Drive this year. The single-family lots will each be able to have a walkout basement. The plan is to sell each lot to individual buyers. Because builders control most lots, these lots will be desirable for those wishing to choose their own builders. Each lot can accommodate a split entry home, a rambler, or a two-story. ~C~~~ • The single-family homeowners will maintain their own lots and will be responsible for their own snow plowing and lawn care except for the 30ft easement area adjacent to the ditch as discussed below. The single-family homeowners will all belong to a homeowners association that will be responsible for mowing putlot A and the 30 ft easement area at the rear of Ivts adjacent to the ditch. They will have the benefit of being able to use Qutlot A for picnics and recreation. This project will complete the development along the south side of Century Avenue and along the east side of Dale Street. Ravenwood West will give current and prospective Hutchinson resident's additional desirable housing choices and will provide additional consumers for the local retail stores and restaurants. We are requesting the necessary zoning changes, preliminary plat approval and permits to allow us to move forward with Ravenwood West. It is my pleasure to bring our request to you for your consideration Sincerely, ~ l er De rick r President Derrick Investment Company ~~~~~ RESULUfIUN NO. ]2185 RF,SOLiJ'1'ION APPROVING A CONDITIONAL USE YEKMIT KF.QLIF,STF,D SY B&S YKOYER'1'IES FOR Oi11'DUGH llISPLAY AT L&P SLJPPi.Y i,OCATEll A'f 1470 SOUTH GRADF. RD 13;r IT RESOLVED IIY THE CITX COUNCIL Ob"I'iIE CITY OF HUTCHINSON, MN: FINDINGS I , e&B Properties, property nwncra, have applied for a conditional use permit fur outdoor display and storage ]oca~d at 1470 South Grade Rd. The business is the retail sale and service of ontdoox lawn and garden equipment. LF_f1AL DESCRIPTION: The Fast 361.5(1 feet of the North 361.50 feet of the Northwest Quarter of the Northeast Quarter of Section 11, Township 116 North, Range 3D WcsL, McLeod County, Minnesota 2. The City Council has considered the recommendation of the Plamiing Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existhtg and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehcnsrvc Ylan. 3. The Council has determined that the proposed use is in hamtony with the general purpose and intent of the Zotnng Ordinance and the Comprehensive Plan, if the condttions, as outlined below are met. CONCLLiSTON The City Council hereby approves the conditional use permit with the following conditions: 1. All materials, by-products, supplies, merchandise ox other similar matter not on display for direct sale, rental or lease to the consumer yr user shall be stored within a completely enclosed building or within the confines of"a I UU % opaque wall or fence nn less than 5 feet tall or other buffering approved by the Ciry Camtcil. Merchandise which is offered for sale as described heretofore may be displayed beyond the confines of a building otily upon application to the city council fur special permission and only following agreement to all conditions w}ilch tray be attached w such authorization. (That is the permission they are requesting.) Outdoor storage of parts, repairahlcs, equipment not for sale, etc. is not anticipated with this conditional use pcntilt. At this time, the most important view points are from the north and the east. Staff is recommending that there be plantings placed along the northcm portion of the property and at the nurtheastem corner to soften the appearances of the outdoor display. (This shall he done in consultation with the City Forester.) 2. All commercial or industrial principal and accessory buildings which are situated within adjacent to a residential zoning district shall be screened from such disfict. There is residential zoning the north. 'there should be plantings placed along South Grade Road, which would soften the appearance of the conmu;rcial use from the eventual housing that will be located across the street. 3. A permit is required for any signage on Ute property. The application must include a drawing of the prupoacd sign and placement of the sign nn the property. 4. Any fuutre remodeling or property ownership change would prompt the requirement to pave the parking and display areas. Adopted by the City Council this 27th day of May, 2UU3. . ATTEST: Gary D. Plntz Marlin D. Torgcrson City Adntbtistratnr Mayor 5c~~~ C • DATE. TO: Hutchinson City Council Hutchinson City Center 111 linssan Strecl 5G M E M G R A N D Li M Ilatchinson, MN 5535U-2522 32U•5a7-5151lFaa 32U-2344240 FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITI OVAL USE PERMIT REQUESTED SY L&P SUPPLY LOCATED AT 1470 SOUTH GRADE RD Pursuam to Section ] O.Ul of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY A&]3 Properties, property owners, are requesting a conditional use permit For outdoor display and storage located at L&P Supply. The business is the retail sale and service of outdoor ]awn and garden equipment. FINDINGS OP FACT 1, The required application was submitted and fee were submitted. ~2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on April 3, 2003. 3. There were ne neighboring property owners present objecting to the request. 4, Previous access concerns have been addressed. RECOMMENDATION The Planning Commission voted to recommend approval of the conditional use permit with the following conditions: All materials, by-products, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the consumer or user shall be stored within a completely enclosed building or within the confines of a 10U % opaque wall or fence no less than 5 Feet tall or other buffering approved by the City Council. Merchandise which is offered for sale as described heretofore may be displayed beyond the confines of a building only upon application to the city council for special permission and only following agreement to all conditions which may be attached to such authorization. (That is the permission they are requesting.) Outdoor storage of parts, repairables, equipment not for sale, etc. is not anticipated with this conditional use permit. At this time, the mast important view points are from the north and the east. Staff is recommending that there be plantings placed along the northern portion of the property and at the northeastern corner to soften the appearances of the outdoor display. (This shall be done in consultation with the City Foreste.~'.) 2. All commercial or industrial principal and accessory buildings which are situated within . adjacent to a residential zoning district shall be screened from such district. There is residential zoning the north. There should be plantings placed along South Grade Road, which would soften the appearance of the commercial use from the eventual housing that will be located across the street. lkinmd on recycled paper- 5(c~~, . May 21, 20203 coding of Nact conditional Use Permit L&P Supply May 27, 2D~3 3. A permit is required for any signage on the properly. The application must include a drawing of the proposed sign and placement of the sign on the property. Any future remodeling or property ownership change would prompt the requirement to pave the parking and display areas. Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Planning Commission ~c: B&B Properties, 1470 south Grade Rd. ~ ~.~.~ ~ CITY OF HUTCHINSON PLANNING_ STAFF REPORT . To: Ilutchinson Planning Commission Prepared By: Plauning Staff: Brad l;mans, Dolf Moon, Don Nelson, Miles Seppelt, Amanda Alison, Jcan Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Sgt. Chuck Jones, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: May 5, 2003 -Meeting Date: May 20, 2003 Applicant: L&P Supply, applicant B&B Properties, property owner Update: City Forester Mark Schnobrich stated the Mcleod County Engineer has approved planting on the public right of way. This will satisfy the buffering requirements. The City Forester will work with tine owners to suggest appropriate plantings for the property. Staff recommends approval of the request including the previous conditions 1- 4 listed below. CONDITIONAL USE PERMTT Brief Description: The applicants are requesting a conditional use permit for outdoor display and storage located at the L&P Supply business. The business is the retail sale and service of outdoor lawn and garden equipment. GENERAL INFORMATION Existing Zoning: C2 (automotive Service Commercial) Property Location: 1470 South Grade Rd. SW Lot Size: 3 acres Existing Land Use: Commercial Adjacent Land Use And Zoning: Residential and Agriculture Comprehensive Land Use Pian: Mixed use residential Zoning History: The property was annexed to the city in Apnil of 2002 and rezoned to C2 in September of 2002. Applicable Regulations: Section 10.01 -Outdoor Storage and Display SPECIAL INFORMATION s ~c~~ Conditional Use Permit L&P Supply Planning Commission-May 20, 2003 Page 2 Transportation: Access to the property is off South Grade Rd. There is now only one access point onto the property. Parldug: Warehouse 1 space per 2000 sq. ft. Retail business 5.5 spaces per 1000 sq. 8. Analysis aad Recommendation: The previous access concerns have been corrected. There is now one access to the property, which is located on the top of the hill. This addresses the sight distance and safety concerns of the City Engineer. Staff recommends approval subject to the following conditions' 1. All materials, by-products, supplies, merchandise or other similar matter not on display for direct sale, rental or lease to the consumer or user shall be stored within a completely enclosed building or within the confines of a 100 % opaque wall or fence no less than 5 feet tall or other buffering approved by the City Council. Merchandise which is offered for sale as described heretofore may be displayed beyond the confines of a building only upon application to the city council for special permission and only following agreement to all conditions which may be attached to such . authorization. (That is the permission they are requesting.) dutdoor storage of parts, repairables, equipment not for sale, etc. is not anticipated with this conditional use permit. At this time, the most important view points are from the north and the east. Staff is recommending that there be plantings placed along the northern portion of the property and at the northeastern corner to soften the appearances of the outdoor display. (This shall be done in consultation with the City Forester.) 2. All commercial or industrial principal and accessory buildings which are situated within adjacent to a residential zoning district shall be screened from such district. There is residential zoning the north. There should be plantings placed along South Crrade Road, which would soften the appearance of the commercial use from the eventual housing that will be located across the street. 3. A permit is required for any signage on the property. The application must include a drawing of the proposed sign and placement of the sign on the property. A. Any future remodeling or property ownership change would prompt the requirement to pave the parking and display areas. • Cc: B&B Properties, 1470 South Grade Rd. John Bnmkhorst, McLeod County Engineer ~(~~a, ~, ,ti ~ ~ J q'y !~ ~ 4 Q '~yy ~ ""~ ~, '"J ""Ga 9 ~'1 "U t 'aag ~m rorl 3MI ~~. eu(3 ~~ b JhN a~4~P Yp ~YU~ A N !fi'~n~ ,~ µ nn~~«+. ~y( WJ`.uM~ ~ ESL ~ y ~~Y~hy ~X~4+a ~ ['..pYJ~~ ~ ~~~ U Y v....~......~..~. ......~..........,m.......m...~.,,,,..~..~....... ~,~. I I .........~. 7 ~.....~ .... . ...,.,~. ,~,. ..,.~~w.~~.~ Y n f h I' 1 , N ,~ . ,~~ ~ ,~ _. ~ 8`5 ~..~ ~ ,d.,~ ~y K~7 l ~ i ~.. U C1... +J ~ ~^^ N P 1 ~~ ~ ~^ ~ .__.. .. _ I u L ~~ ~ f ~ ~ ~. ~_ ,~ f d p ._.._~..__._.~........~.~._....~~.~~. ..~~...._ _.._._. ...~.~, ~.,.,~.~...~.~._____ _ ... tl C::7 4 ~J° E 9 ~ L~~ i, ~~~JS I y p ~ I 1 I ~ ~} n 4 {! ~ I A i. w ~, XO yyM.~~-ayy V J' ~ RY-- I ~~., ~ I ~ I ~, ~ d ~ ~ ~ _ f _ p.. I 1 ' T - $ ~ w ,_ Q ~ Y M °' ~ ~ nJ d I ,~ ~ n ,~ ~ ~ ~~ ~ ,~., ~ ~ ~ p~ A ~ ~ ~ ~ ~ ~, ~~ ~ ~ .~ ~ ~. ~~ ~:~ ~~~ wd ~ ~ u ! ~ ~~~ ~~~~_Ty -~ ~ d ~~ .~ ~. ~ ~ ~: ~~ ~, ~~ u ~ ¢ ~ _. ~~ i ~ ~ ~~~~~ ~ ~, ~~~a7 ~ Cox V I ~ ~"1 ~ ~' ~.W ^~ Cf"1 V 8 ",p~. ~ r, ~~~ w„ ..,~-~" . ~,., Quonset Type Shed South Grade Road ~EcEryF~ rylq y ~ ~ 2ao cyy or '~ QE'pr. ufpuzh& ~n ~C~~- KESOLUTION NO. 1218E RESOLiJTION APPROVING A CONDITIONAL USE PERMIT REQilF.STED BY CITY OF HUTCiIINSON PARK llEPARTMENT FOR SHOREi.ANll Ai.TF,RA'fION OF'1'HE SOUTH FORK OF THE CROW RIVF,R RE 11' 12ESOLVEI7 BY THE Cl'1'Y COiTNCIt OF TIIE CITY OF IiU'fCHINSON, MN: F1NL7INGS 1. The City of Hutchinson, has applied fur a conditional use permit to reshape and stabilize and area nn the south shore of the Crow River to reroute a recreational trail along 2"'` Avenue and add fishing areas with parking along the river. A natural planting area will be added as a buffer zone. L13fiAL DESCR]YTION: That portion of the Crow River abutting the following properttes: Lois 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Rlock 2, South Half of City of Hutchinson; and Lots 5,6,7 & 8, Rlnck 19 and all of Black 20, South Half of City of Hutchinson 2. The City Council has considered the recnnunendatinn ofthe Planning Commission and the effect of the proposed use nn the health, safety, and welfare of the occupants of the surrounding lands, existing and anhctpated trafFc conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. 1'hc Council has determined that the proposed use is in harmony with the general purpose and intemt of the 7.oning Ordinance and the Comprehensive Plan, if the conditions, as outlaned below are met. CONCLUSION The City Council hereby approves the conditional use permit. Adopted by the City Council this 27th day of May, 2003. ATTEST: Gary P. Plotz City Administrator Marlin ll. Torgerson Mayor `~~~ PATE: May 21, 2003 TO: lutchinson City Council HutchinsoH City Center 111 Hassan Street SF. Hutchinann, MN 55350.2522 320.587.5t51/F'ax 320-23A-4240 MEMORANDUM FROM: Hutchinson Planning Commission Si7BJECT: CONSIDERATION OF CONAIT'IONAL USE PERMIT REQF.S'CED BY CITY OF HUTCHINSDN PARK DEPARTMENT FOR SHORELAND ALTERATIONS Pursuant to Section 5.3 of the Shoreland Ordinance #92-56 the Hutchinson Plannhig Commission is hereby submitting its findings of fact and recmm~tendation with respect to the a£orententivncd request for a conditional use permit. HIS The Park Deparhnent of the City of Hutchinson is requesting a conditional use permit to reshape and stabilize an area on the south share of the Crow River to reroute a recreational trail along 2nd Avc. and add fishing areas with parking along the river. A natural planting area will be added as a buffer zone. ~FINDIN 5 OF FACE 1. The requued application was submitted and fees were submitted. 2. Notices were mailed to the surrounding property owners as will as published in the Hutchinson Leader on May 8, 2003. 3, There were no neighboring pxnperty owners objecting to the request. Mr. Deane Dietel, 845-2nd Ave, commented on his concern with the erosion on other side of the river. Staff will contact Mr. Dietel to discuss his concerns. RECOMMENDATI2 The Planning Commission voted to recommend approval of the conditional use permit. Respectfully submitted, Dean Kirchoff, Chairman Iutchinson Plannuag Commission cc: Dolf Moon, Director of Parks and Recreation Lawrence Winter, Parks Resource Coordinator Prin~cd an rayde~l pspcf - ~ C~~3 ~.... . CITY OF HUTCHINSON PLANNING STAFF REPORT Ta: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dali Moon, Aon Nelson, Miles Scppelt, Amanda Alison, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotx, Ken Merrill, Jim Popp, Sgt. Chuck Jones, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Daie: May 5, 2003 -Meeting Date: May 20, 2003 Applicant: City of Iutchinson Parks Dept. CONDITIONAL USE PERMIT I3riei Description: The applicant is requesting a conditional use permit to reshape and stabilize an area on the south shore of the Crow River to reroute a recreational trail along 2nd Ave. and add fishing areas with parking along the river. A natural planting area will be added as a buffer zone. GENERAL INFORMATION Existing Zoning: R3 (Medium-High Density Residential) Property Location: 2nd Ave. Lot Size: N/A Existing Land i7sc: Parkland Adjacent Land Use And Znning: Parkland, Industrial Commercial and Light Commercial Comprehensive Land Use Plan: Park and Open Space Zoning Ilistory: NIA Applicable Regulations: Shoreland Ordinance 92-56 Section 5.3 SPECIAL INFORMATION Transportation: 2"d Ave. / Parking: A N SC~~.3 r~ -~ Conditional Use Permit City of Ilutchinson Parks Dept. Planning Commission-May 20, 2003 Page 2 Analysis and Recommendation: Cc: Dolf Moon Lawrence Winter Rob Collett, DNR The Park Department has received a Protected Waters Permit from the DNR which authorizes a project for work along the South Fork of the Crow river. The permit authorizes techniques for bank stabilization including; reshaping of banks, installation of rock toe protection and naturalizing two ]ow head dams to rock rapids. T'he project is also authorized by The Department of the Army General Permit GP-001-MN. Planning Slaff recommends approval of the request. ~~~~~ _~. _.. -_,.~m. --,~.... ~ .. _~ - ~ ~°- ~_.. _ . _~ ,. .~_ -, !~~^ .. _ ~ ' F Hi ~~,~''_Iht~~d r~~~ indites ~~~~op~,r ~r~b~d in the nratic~ _ _, .~ ~ .. .f~- l -- 1 1, ;,.. ,,.~....~ ~<< - ,~, 5i5 `` ' ~ ~ _ 45 _ k~ 42B .7013 _ 1C7i _ - . ~-:, s 315 ..,_115 ~ 11& .. -- _ ~. ! _ / / _. ., _ --' 165 __ ~ _ ,' i, yS+~ ~~i 325 128 _ `` 1345 °. ,_ - SS'" . ~~. ~ ~ ~~ ~~ r '~ ... `a"ECS1Pl~,p, AVE S~ " I ~ .C -?fJL t ~aJds _ ... a.la.,...~ ~a f ~ 2N 4 vro ~ i ~ wkv ~~_ i 2 ~~~..... 4~9 ~, z ~ ~ _.. _ 1'NiNR[?~"~E.E - - .~ ~ ~Zt~'~iE ~TftEET .~- ~' .. ~, ~~ t ____`.-I ,,,,r J..~... ~~.... -- '.. ,--, ~.S ~, / ,~ moo, 1, i f ~ ;S 2.096 HIGrHWAY7, FTUTCHTN QNuMN 55350 urges (320) 234-2550 March 31, 2003 City of 1-lutchinson, Parks Department Lawrence Winter 900 Harrington Street Hutchinson, MN 55350 RE: WATERS PERMIT #2003-4x45, NATURAL ROCK RIP RAP, SOUTI~I FORK CROW RIVER, MCLEOA COUNTY 17ear Mr. Winter, Enclosed is Protected Waters Permit #2D03-4145, which authorizes a project for work along the South Pork of the Crow River. This permit authorizes techniques for bank stabilization inclnding; reshaping of banks, installation of rack toe protection and naturalizing two low head dams to rock rapids. The permit also includes installation of bendway weirs and random rock placed for habitat improvements. While the bendway weirs are still considered experimental in natuxe, their purpose in this application is to disrupt the thaweg with rock toe protection safeguarding the bank. lease read the General and Special Provisions of the gennit, note additional condition number seven which quires the ends of the project to transition smoothly into the existing grade. On site meetings with the Area Hydrologist are required prior to the start of each portion of the work. Attachments will be made available for each portion of the work. Attachments "A-C" are hereby made part of this permit and detail the naturalizing of the second low-head darn. Many dimensions in this permit are subject to change on-site with construction. Drawing and designs should be adhered to as possible. The Area Hydrologist should be notified immediately of any changes. A permit cazd is enclosed which must be conspicuously displayed at the work site. Please contact Area Hydtologist Robert Collett within 72 hours of the start of the project and with any questions or concerns with the project or permit at (320) 234-2560. Sincerely, DNR WATERS David Leuthe Regional Hydrologist C: McLeod County ZA, Larry Gasow DNR Fisheries, Lee Sundmazk McLeod SWCD, Ryan Freitag DNR Wildlife, Jnel Anderson • USACE, Christina Carballal DNR Central Office Permits Unit Area Hydrologist, Robert Collett DNR Conservation Officers, Wayne Hatlestad & Nate Barrington DNRlnformntion:651-296-6157 1-888-646-6367 TTX:651-296-5484 I-8(1p-657-3929 5Cc_~ DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS DF ENGINEERS ARMY CORPS OF EN[31NEERS CENTRE 1 SO FIFTN STR66T EAST ST. PAUL, MN 65707.1836 REPLY TD arrErlricw aR: April 17, 2003 Construction-Operations Regulatory (03°04439-CCB) Mr. Lawrence Winter City of Hutchinson Parks Dept. 900 Harrington Street Hutchinson, Minnesota 55350 Dear Mr. Winter: We have reviewed information about a project of the City of Hutchinson to stabilize, restore, and enhance habitat along approximately 5,500 feet of the South Fork Crow River. This project will include reshaping eroded banks, toe protection with natural field stone, installation of bendway weirs and random rack, the naturalization or removal of lowhead dams to improve fish, migration, and naturalization of the river front with tree and native grasses and flower plantings. The project site is in $E 1/4 Sec, 31, T. 117N., R. 29W., McLeod County, Minnesota. . This work is authorized by Department of the Army General Permit GP-001-MN. This permit is far specific kinds of activities that are approved or permitted by the Minnesota Department of Natural Resources (DNR), and is not valid until your project receives DNR authorization. Should there be any objection by another agency, Initiation of an individual Department of the Army permit evaluation may be necessary. However, if you do not receive notice of an objection within 30 days of this letter, you may proceed with the project when your DNR permit is received. For those projects where the permittee Is not obtaining fill material from a licensed commercial facility, the permittee shall notify us at least five working days before start of work. A cultural resources survey may be required if a licensed commercial facility is not used. This Carps authorization requires that you comply with all conditions of the enclosed permit and that you satisfy any limits and conditions of the DNR permit. If you disagree with the enclosed jurisdictional determination, you may provide new information or appeal the jurisdictional determination. Please follow the directions in Section D of the enclosed Notification of Administrative Appeal Options and Process and Request for Appeal. ~~~ The decision regarding this action is based on information ,found in the admiYO~~agtl~herbasis farctheodecisionthanditheict's decision-making P final decision. Carba11a1 in If you have any questions, contact Christ~nacorrespondence our Saint Paul office at (6511 290-5372. In any or inquiries, please refer to the Regulatory number shown above. Sincerely, ~~~ ~~ Robert J. Whiting ~D Chief, Regulatory Branch Enclosure Copies sent to: MT7NR, SHPO, MNPWS r~ C~ 5~~:~3 RESOLUTION NO. 12187 • RESULU'1'lON APPROVING A FINAI. Pl'..AT TO RF. KNOWN A5 WENDY'S ADDITION SUBMl'1"1'Ell RY WENAY'SiNTERNATONAL FINDINGS 1. The property owner has submitted a 2 lot final plat to be known as W endy's Addition. IIE IT RF..SOLVF.I) SY THE (:ITY COUNCIL OF TIIE CITX OF HLITCHINSON, MN: LF,GAL llESCRIY'I'ION: Lots One (1) and Two (2) hl Block One (I) of"rolling Oaks, According to the ptat thereof un file and of record in the office of the register of deeds, McLeod County, Minnesota. 2, The City Cnuttcil has considered the recommendation nfthc Planning Conunission and the effect of the proposed use on the health, safety, and welfate of the occupants ofthe surrounding lands, existing and anticipated traffic conditions, and the effect on values of propcriies in the surtounding area and the cflect of the use nn the Compxehenslve Plan. 3, The Council has determhxed that the proposed use is in harmony with the general purpose and uttent of the Zoning Ordinance and the Comprehensive Ylaii. CONCLiJSION r1 LJ The City Council hereby approves the preliminary plat with the following: 1. Plans must follow the dated materials of" 3/25/03. if changes are necessary, the applicant must contact the City to atnend the plan. 2. Outlot A would rcmnin unbuildable, but be tnittimally tnaitttained by the City (i.c. mowing). In exchange a "rain garden" will be buih nn the property. The rain garden itself, planthtgs, replacement in the future, etc. would be the responsibility of property ovnter. (Consult with City Forester nn types of plants to be placed in the Rain Garden) 3. The applicant will provide the grading for trail area down to the Luce Line trail (City will obtain tlxe permitting). 4. Siltation control shall be used throughout construction. 5. Retaining walls may not he over 4 feet in height, without engineering plans and approval by the IIuildhtg Official. 6. The rain garden areas will be utspected by the City Engineer, once they arc completed. 1'hc completion must coincide with the building completion. 7. The trash enclosure must be at least 6 feet off the property line. 8. Fees shall 6e pxid at the time of building permit. Adopted by the City Council this 2Ta day of May, 2003. A'I"1'ES"1': Gary A. Ylohr. City Adntutistrator Marlin D. Torgerson Mayor ~~~~~ DA'Z'E: May 21, 2003 Hutchinson City Center 11] Elnxsen Street 5E Hutchinson, MN 55350.2522 320-587.5151/Fnx 320.234.4240 MEMORANDUM TO: Hutchinson City Council )HROM: Hutchinson Planning Commission SUSJECI': CONSIDERATION OF FINAJ. PLAT TO RE KNOWN AS WENDY'S ADDITipN Pursuant to Section 1220 of Zoning Drdinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for final plat. HISTORY The applicant has submitted a 21ot final plat to be known as Wendy's Addition. Lot I, Block 1, is the lot designated for the building site. Outlot A is not a buildable lot. FINDINOS F PA . 1. As with other development requests, there are various fees which apply to this plat. SAC and WAC ices will be $2040.00 per unit(restaurants are calculated based on stating capacity). Park fees will be $1075.00. All of the • above fees are required at the time of building permit acquisition. 2. Outlot A drainage will be directed to a `Pain garden" nn the parcel, providing both detention/retention and pollution control features. The overflow will be directed to the frontage road and its storm sewer system. Wendy's will develop a "rain garden" for the west portion of the parcel. This area would overflow to the south to the Luce Line frail Ditch in very high flaws. 3. The rain gardens will be designed based on current Best Management Practices. 4. Wendy's will make provisions for grading a 10' wide path from the Lucc Line Trai] to the sidewalk- It is understood that this would he based on a 5°/a maximum slope and the City will place gravel and bituminous nn the trail following Wendy's grading of the area. The City will work with the DNR to facilitate the required permits tv complete this work. S. The conditional use permit will provide Far alteration of the flood plain for construction of the new path and for the snuthem portion of the property. The flood plain in this area is 1045.5', so there is a minor amount of grading for the Wcndy's construction. Although, the path area does provide for alteration as well. As long as siltation control is utilized, there are no negative impacts to the 100 year Rood plain for this area- G. The Ciry will be responsible for relocating the frontage road and constructing a north bound right loin lane far the project. The City will base the reconstmction on preliminary plan designs provided by MNDOT. Tn return, Wcndy's has agreed to provide the right of way for the project. The City would expect the road to be constructed in conjunction with the building and to be open by September. Additionally, the City will be xcsponsible fox maintaining Dutlot A, even though the ownership will remain with the property owner. It should be noted that the Outlot is not intended for development purposes in the future. RECOMMENDATION The Planning Commission recommends approval of the final plat with the following recommendations: 1- Plans must follow the dated materials of 3/25/03. If changes are necessary, the applicant must contact the City to amend the plan. 2. Outlet A would remain unbuildable, but be minimally maintained by the City (i.e. mowing). In exchange a'Yain garden" will be built on the property. The rain garden itself, plantings, replacement in the future, etc. would he the responsibility of property owner. Consult with City Forester on types of plants to be placed in the Rain Garden. Primed nn recycled paper - 5~~{ . Finding of Fact -May 21, 2003 Wendy's Final Plat Page 2 3. The applicant will provide the grading for trail area down to the Lucc Line trail (City will obtain the permitting). 4. Siltation control shall be used dvoughvut consttnction. 5. Retaining walls may nut be over 4 feet in height, without engineering plans and approval by the Building Official. 6. The rain garden areas will be inspected by the City Engineer, once they are completed. T'he completion must coincide with the building completion. 7. The trash enclosure must be at least 6 feet off the property line. 8. Fees shall be paid at the time of building permit. Respectfully submitted, Dean Kirchoff, Chairman Hutchinson Plannvtg Cormnission cc: Rick 7atusscn, Wendy's International, 5440 West Broadway, Crystal MN 55428 Bruce VanRvckel, Wendy's International, loc., 12980 Foster, Ste. 210, Overland Park KS GG213 I-Iappy Chcf of MN Inc., 50 South Front, Mankato MN 56001 Eric Kellogg, Landfarm, 650 Butler North IIldg, 510 First Ave. N, Mpls MN 55403 Christine Mass, Landform, 650 Butler North Bldg., 510 Pirst Ave. N, Mpls MN 55403 w ~~~~~~ r CITY OF HUTCHINSON PLANNING ~STAFF REPORT To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Miles Seppelt, Amanda Alfson, Jean Ward, Bohn Rodeberg, P.E., John Webster, John dlson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Chuck Jones, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: May 5, 2003 -Meeting Aate: May 20, 2003 Applicant: Wendy's international, applicant Happy Chef of MN, %ne., property owner FINAL PLAT Brief Description: The applicant has submitted a 2 lot final plat to be known as Wendy's Addition. Lot 1, Block 1, is the lot designated for the building site. dutlot A is not a buildable lot. GENERAL INFOitMATION . Existing Zoning: C4 (Friuge Commercial) Property Location: 1190 Hwy 7 W Lot Size: 1.25 acres Existing Land Use: Commercial -Restaurant Adjacent Land Use And Zoning: C4 (Fringe Commercial) 100 year flood plain tv the south Comprehensive Land Ilse Plan: Commercial Toning Ilistory: N/A Applicable Regulations: Section 12.20 (Subdivision Regulations) Transportation: School Rd SW, Nwy 7 W and the Setvice Road • Parking: 1 space per table yr 1 space per 2 stools Drive thru service provide 80' for vehicle stacking (39 required, 43 provided) ~~~~~ l~1naI' T~~i "~ea~dy~'s Aci~itia~ ~~~t~n>r~ C?IICIi~"AIS~~II-- 1~~ ~M, (1~ '~tg ~'reiirixaMatry ~i~t it~faam-~~utian: ~"ca~~dian -- The p~r~~ect s~;a~ae did rztat aneet tl°ae rrazrarraatirta criteraa ~~aa° re~twti~°itn I~Y~ti~aaa~!1 C~a~iaaa Ruaaarff ~taadir~ (N"i~JE~T'p ,~ti~d~rd dsi~s. "~"l~c ~~~a.l raant~~"i' ~'+~rra tl~e site is ~re~e~ted tea lee c~er `l~r l'ss t17~.n lk'a~ ~u~rcaat site daac tea the saaailea- ~i.e caf tl~r aaildiaa ~aad psrl~~iax ~aa'e~, the reir,c~tlnn of r~r~: ~r~ant~ge r~aad, grad the aaa~;ae~s~ iaa uiaeaaJi~aads~agacd ~~'~~. ~~~~, the ~:~at~t~ ctu«nt bite dr~7i71s ley ~~r~et. t~a'aa tea tiles l.,uce I~iz~'Trail drt~ arse l-la~re~~~r, st~~+. did a~~ ~e h~~t'~'a eaa's ~;~taauld dev~;l~ ~~aadia°a az~d c~ilaiti~an rni~traai fie~t~x~`es fear the sits. `~ hiela ~r~aaaid iaaelaade: 4~~atlc~t ~. dr~iraae w~rill b directed tea ~ `"riaa ~rde""' ~aaa tiles iaaa°cel" ~r~vidin bath detexati~aaat'reteaati+aaa <llad i~talfluti~m~t ecraatr~l features. "t"he aaverl~rc~w mill be dia°ected to the. frc~nt~~~~ raid arad its st~arrn sewer sy;stem. ~'p'h~ ~~an '~rarr ,ar~rr °° r~~,ters ~~r ~a ~rras~~~zrc:te ~rarc,ssaraaar~l ~~°~ tla~tt i~ t"ts~ ca~s ca lu~tcl,~c a~:~c-~ fu~11 rr~ ir,~arti5~ a~~te~ ~~calaty. C~ac~r-agtc~t^r.t~~~a ~ar~a~ar~r~~r~~~~s ia[f"rl[r«tic„~ carrc~rxt~r;stareWa''~r,~]a~~tfl~a~w llrrrt ~~5,€~~"cr'~itt~"'tt+~~ ~yr~'lt.~r~1t~'<l. I'{;~ ~ r nxtr'~ jlt C1,~71[?t°~'t7a~S~~t L5' ~7U~~ ~~ the ]rt~r~'rt~lc~~i~~uracti'ertt ~! l~rrr°st Iru~ait~xt. "h~ fr~r~st prc~~u~r°s a spuray~ Irt; ~ r- I~;~r r [{zrl[ saga ~ ~~ rite t° ~~n~l' allows r`t tit p~ntr~a~+~ the ssaal Ir~yer sl~rtvl~t. Ise sa~~ra~' ~la~ rc~i,r o~~~~a ,s,~o~l~l lee ~la~or~ str~t~i~~Tly ~o rrat~w~:c~~at ~~°c~l~r° r-uraoff.'~ ,e maia~ lc'~t is tcr¢~ iu tea lee serviced b iaa-taiaee storm setea° in the £rrant~ae° r~aad. Wendy"s will develta a "K°aira ;~arc~en'" i"~ar the r~~rest iacartinla oaf the pia°eel. °1"iais area ~vcaaxld ~aver~ca tea the s+a~ath to t11e ~~~ h.is~e "i'rail d~~~~h in ~rer~ ]~ai~h ~la~vs. '~'h~= c rt~t~-ra ia~aa~ti~aaa ~f tiles pre+ei wall e directed to the an nutlet stt°~ctaare in tllr S~ ca~rci~n ~wi`the arsel t1-~t will hav vnlaae aaad vel~acitt~° cnl~trlals ~zilrl sedia~aea~tati~ta caaattroi eta~res. t'lz.e "~ aira ~ ardea~'" vrill be dcsi~med leased aaza crxerat 'hest T~^iar~aera~ea~t l'a°~eti~es. ~at~r m- ~ta~"i"aisa dl t~N~-,sc ~_l ,4~itla Wendy's that they w~aauld m~iCe lar+~visueras fiar grading ~ 1.~1' wide pat~1 }i-+an~a the Laaue ~itxe Frail trr the side~r~al ~t r~vas ~nderst+ac~~d. that this rv~~~aY~i ht~ based ~~>aa ~ ~"/~ rxaaianurt~ sl+a~a~; and that tlae~ (.;i~t~ ~;rt;~ulrl p]a:;~:° ~~.~~avel and lai~~1j~~intaus era th<< tlaii 1'alla?~~lrk~ ti~'e-ndy's ~radit~g cif the area.. ~t ,.v~. also ~:~t°eed ill,~t tae c~t ~vt~ld ~r~rl~ it)~: tt~e ~r to ~a~tlit~ti~ Iles a~egcia~ed iaerrt-tits to eeaxapalete this ~vaarl~.. ~+"i~ct,ti ~'aia;¢~ _. ',l"e c~anditi~aaal ease laea°mt gill ~ar~vide f~aa- alteratitrra aaf`tlae f°l~asad lalaiaa f~aa' ccaaast~°uctiers aaf t;iac~ ne~v path arrd t"car the s~ufihieran pa:~ra-t'~rn aaf°the ~reg~er-fi~. '~"he catad lalain ia~ thas area is iC~.5, sc~ tihere is ~ ai~aaar annsatxnt c~ ~a°~dra frar° tl~ "~w7eaatl~r"~ r;caaastnaetic~aa. ~ithaaa~h9 the ~tla area dues rrav~d~: ~`dr alteratiti~a~ as vrel~. ~~ laaaa as siltata~an ~.craata~c~l is utilized, there are racy ar~ati-~e ia'nl~acts to ties l 1~~, ~ ~r Ilra~ad i~~aaa ~"~~~° this area. °r ~ Final Plat Wendy's Addition Planning Commission- May 20, 2003 Page 3 landscaping -The DNR has reviewed the shoreland alteration/removal of vegetation along the southern portion of the property and has found the replanting to be appropriate. The City Forester has submitted comments regarding the plat. Drive - Thru -1"lre drive-thru location and length are appropriate in that it meets the minimum stacking of 80 feet on the property. The entrance is a one way as is the exit area, which promotes good traffic flow. Fees -The parkland contribution for this project will be $1075.00. SAC/WAC charges in 2003 are $2040.OD per unit (restaurants are calculated based on seating capacity). The above costs are collected with the building permit fees. Road Reconstruction -The City will be responsible for relocating the frontage road and constructing a north bound right turn lane for the project. T'he City will base the reconstruction on preliminary plan designs provided by MNDOT. In return, Wendy's has agreed to provide the tight of way for the project. The City would expect the road to be constructed in conjunction with the building and to be open by September. Additionally, the City will be responsible For maintaining Outlot A, even though the ownership will remain with the property owner. It should be noted that the Outlot is not intended far development purposes in the tilture. Staff Recommendations for the Final Plat: Planning Staff recommends approval of the final plat with the following conditions: 1. Plans must follow the dated materials of 3/25/03. If changes are necessary, the applicant must contact the City to amend the plan. 2. Outlot A would remain unbuildable, but be minimally maintained by the City (i.e. mowing). In exchange a "rain garden" will be built on the property. The rain garden itself, plantings, replacement in the future, etc. would be the responsibility of property owner. Consult with Ctty Forester on types of plants to be placed in the Rain Garden. 3. The applicant will provide the grading for trail area down to the Luce Line trail (City will obtain the permitting). 4. Siltation control shall be used throughout construction. 5. Retaining walls may not be over 4 feet in height, without engineering plans and approval by the Building Official. 6. The rain garden areas will be inspected by the City Engineer, once they are completed. The completion must coincide with the building completion. 7. The trash enclosure must be at ]east 6 feet off the property line. 8. Fees shall he paid at the time of building permit. Ce: Rick Janssen, Wendy's International, 5440 West Broadway, Crystal MN 55428 Happy Chef' of MN ]nc., 50 South Front, Mankato MN 56001 Eric Kellogg, Landform, fi50 Butler North Bldg, 510 First Ave. N, Mpls MN 55403 Christine Moss, Landform, 650 Butler North Bldg., 510 First Ave. N, Mpls MN 55403 5(~~~~ ~S 0 Q Z ~N ~I aq,,,..~........w r~+ ~,` £:Y ,. ~ ws ~'-.1.,~ +~Qw ~. d7" 4 ~ ~w..^ ~~. _ G ., (^J~~ ~ ~ ~ m G .~~ '~ ~H^~ ~ r Y ~~.M YN 4 4 r ,-'". 5,5 - ~ V4 4 M1ryl 4 f V ~. G nV 1 ~F a y 1 r ~ ~ t1„~, l 4 1 `v ~ ~4 l ~ 1. n+ ' r~ 6 r' lry ~ R t 4 3 l V} 4 y r. 1 ~~ 1 ~l ~i ,,^ ~` 9 ~~ .. ?k1 ~ •~' ... 5 4 t .... { ~ V1 ~ ~ ti 7. '~ ~ ~F~ T b 4 ~6 ,. {1 ~ 4 _. 1 1 _ 1 uV V m r 1 _ ~ ar ,, ~ 1 ~ I ~ 7 ~ E M1 't` ~.. J ~t1 .."~ 4 .- +~~ ~~r'a 'k~ F f' b Y~ m.~r ~1, Y 1 ~~ V M h PAS ~rr F. M ray ssar ~~a ^ Q~I~.„e, y~,. Y 1M k V 1 M l ., AM1 4 T k ey ,.. t .. P„r ~ !, ~ (. ~~ ~.w '~ ~_.,s~ ~~ngr't T~v-m City cf Hutchinson FEE: $25.D0 P.PPLICATION FDR GAM$LING DEVICES LICENSE Approved by: Building Fire Application shall be submitted at Police least days prior to the Gambling occasion I, Jerry Carlson AND I, James F Mi11G - i2ame of Authorized Officer of Name of Designated Gambling Drganization Manager Rereby submit in duplicate this application for a license to conduct the game of gamblingin accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending 12-31-03. Signatures: ~ ~ ~~~_ . Aut ri d Officer of Organization D s'gnated Gambling Manager of ~ organization A. The following is to be completed by the duly authorized officer of the organization: • 1. True Name: (last) (first) (middle) 2. Residence Address-_ 315 Washingr.on Avenue Wes r. (street) (city) (state) (zip) 3. Date of firth: 5-26-34 4• Place of firth fly, MN __ (mo/day/yeax) (city/state) S, Have you ever been convicted of any crime other than a traffic offense? Yes No If Yes, explain $. The following is to be completed by the designated gambling manager of organization: 1, True Name: Mills ~7ames Fredrick (last) (first) (middle) 2. Residence Address: 962 Rolling Greens Lane Hutchinson, MN 55350 (street) (city) (state) (zip) 3. Date of Birth• 8-22-34 4• Place of $irth:St- Pau}., MN (mo/day/year) (city/state) ~~> 5. Have you ever been ccnvivted of any crime other than a traffic offense? Yes A'o x If yes, explain 6. How long have you been a menber of the organization? 2ygars 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1, Place where gambling devices will be used ~'mw River Golf C1sab 2, pate or dates gambling devices will be used R_t~_n~ _ (date and/or day(s) pf week) ~. Hours of the day gambling devices will be used: From A.M. To A.M. 12:OOP-M• 8:00 P-M. 4. Maximum number of players 125 ~. Will pr~zes be paid in money or merchandise?Merchandise 6. Will refreshments be served during the time the gambling devices will be used? Yes ~ - No If so, will a charge be made for such refreshments? Yes _~ NO p. Organization Information: 1. Address where regular meetings are held ~,. ~rh;.,~. ,,, ra,-,~,; rai_ 2, Day and time of meetings fir, • .a w ,~„ crlav ~ ~ ~f +-t,P mnnth 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes ~_ No /,. How long has the organization been in existence? ~~ plu: 4a. How many members in the organization? ~~ 5. What is the purpose of the organization? g ' 6. Officers of the Organization: Hospital Name Address Title Ser.r Carlson 315 Wash,i.n ton Ave W. Pre i nt Carol Stark 1260 Carolina Ave. N. W President-elect Rr,is Haa 69710 213th St., Darwin, MN~55324 Sec.Tr.ea ']. Give names of officers or any other persons paid for services to the organization: Name Address Title ~~- ~~ -. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name xutchinson Hospital Address 1095 H.ghwav 15 outh_ 9. If the organization carries sufficient insurance to compensate the players in the event an y injury zs sustained by players while gambling devices are used, or while on the licensed premises, please state the Ida me of Insurer _ _..__ and Policy No. 10. Have you (idanager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? Yes ll. Attach a list of all active members of the organization. E. The fvlloti3ing information is provided concerning a fidelity band given the gamblin onager in favor of the organization. 1. Name of b nding co any 2. Address of on ng company 3. Amount and ation of bond 4. Applicati is ereby made for waiver of the bonding require nts. Y No 6- I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gambling, and I will familiarize myself with th contents thereof. S' not a of authorized officer of organi4zation -ate: ~ ~G Subscribed and ~~s,,~~w,,orn to be ore me.a otary public on this L~L day of ~~~j Signature of Notary Public Commission expires on 1-31-~~-~a~ ,~ wMAnAww~A L~~BS+~Ad5'r~.~l~ to afore t70TARY PUBLIC ~ MIIJfi)SUTA .,, s';r. .Jan. 31,' $igna Commiss' a notary public on this day of otiary ruolic ices on Social Security Number: MN Business ID Number: ~C~~ ~" ~e/~s a r..~w vet ~f ~a~~~: ~ld~ ~. .~, ~, ~,~ w~~ i ~~ W~ ~~~ ~. ~ ~~ oaf rt ~ ~ e~ ', ~ :~..~.; .,.. a.1~r:~ ~. ~~~ ~~1 bar ir~d g~n~ r~~: _,~ ~_ _ ,~ ~~~.~ ~ ;~ Residence Addre.~s: ~,~.~~ ~ ~„ ~~ _ U~ t e o f B a r ~, h: ~~~,, ,r ~ P 1~ c e o f" B i r• t~: l`~"C.~~"~~~'I. ~:-"~:,;, „~°~""r~`'" ~,~,~ ~~' a, ~` Have you ever been ccnvicted of ny crime other than a traffic offense? Yes R'o ~. If yes, explain ~''~$ How long have you been a member of the organizaticn? 3-f ~,~5 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used ~TCy,u~ ~~ n~-Pr 2, pate or dates gambling devices will be used Q~~fa3 (date and/or day(s) 3. Hours of th~~v gambli g devices will be used: °f week) From ~ To P.M. P.M 4. Maximum number of players .,,>r~ 5. Will prizes be paid in money or merchandise? ~{GP~gNpiSa 6. Will. refreshments be served during the time the gambling devices will be used? Yes x No If so will a charge be made For such refreshments? Yes NO ~. D. Organization Information: 1. Address where regular meetings are held ao.53~°AuE.~ rc:,.~sryNMit/ 35,~fT~ 2. Day and time of meetings Lr Mt~NORY~MOn:~ ~PJ~1 3. Is the applicant organization organised under the laws of the State of Minnesota? Yes ~ No 4. How long has the organization been in existence? ISaF~~ 4a. How many members in the organization? ,3S _ 5. What is the purpose of the organization? ~Lg~bc-nG'4' Pk'n~~.rray 6. Officers of the Organization: Name Address Title ~~'RD KHANS ))1 }~aSS~. S} 5~ CH~~F 7. Give names of officers or any other persons paid for services to the organization: Name Address Title u ~<<~ ~ - , • L.J D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name -~v~;n~Z ~'D _ Address _20~ 3'~~y~ 5~ 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insurer N~A and Policy No. 10. Ilave you (ldanager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? 11. Attach a list of all active members of the organization. ,b/lq E. The follov~,ng information is provided concerning a fidelity bond given by the gamblin onager in favor of the organization. 1. Name of b`a; ding co any 2. Address of on ng company 3. Amount and ation of bond 4, Applicati is ereby made for waiver of the bonding require nts- Y No T declare that the informat n I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. ~ so, have, received from the City of Hutchinson a copy of t Cit ir~t,e No. 655 relating to gambling, and l will familiar' a myse h he cons thereof. Signature ~f authorized officer of vrga pate: aJ)z~a~ Subscribed and sworn to before me a notary public on this 19~ Signature of Notary Public Commission expires on Subscribed and sworn . 19 afore a~e a notary publ9.c on this day of Signs a of notiary r Commis ion xpires on i Social Security Number:~ PIN $usiness TD Number: • on day of c 5~~~ CY7/1RT TFRM City of Hutchinson FEE: sz5.oo APPLICATTCN FOR GAMBLING DEVICES LICENSE Approved by_ Building Fire _ Application shall be submitted at Police least ~ days prior to the Gambling occasion ~ ~s I ~ ~ AND I, Name of Auth ized Officer of Name of Desi ated Gambling Crga ization Ma agar Hereby submit in duplicate this application for a license to conduct the game ofgam6li.ngin accordance with the provisions of the City oT Hutchinson Ordinance N0. 655 and Minnesota Statutes Chapter 349 for the license year ,ending ~ ~. $ignatur~ o 'zee f icer of Organization si natej amCSling Manager of organization T ollowing is to be complet d the my authorised officer c he organization: ~ 1. True Name: ~ ~ ~d -~ ~ , ast) (first) (mi dle) 2. Residence Address: ..~.~D~ zeS~ a~ uS~,~ ~~~_ (street) (city) (state) (zip)~'~ 3. Date of Birth: 4. Place of Birth~gggL P~ (m /day/year) (city/state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No ~,. If Yes, explain B. The following is to be completed by the designated gambling manager of organization: , 1. True Name: A- ~5 ~lO last) (first) (mi/ddle) 2. Residence Address: z~ ~~~"`"~r_... ~~5'-f~ "~ ~J`~~ ( tre t) (city) (state) (zi ) ~~ 3. Date of Birth: Z ~ 4• Place of Huth: l/.7-rt/ . ( /d y/year) (city/state) J ~~~ 5. Have you ever been convicted of ny crime other than a traffic offense? Yes No ~. if yes, explain __._. 6. How long have you been a member of the organization? ~itl~+L~r- 7. Attach a copy of the official resolution or official ac~ion designating you gambling manager. ~~/J~l /~ C. Game Tnformaticn: /SIN /~t~r'''~'~''~ ~~,Q~~~~ 1. Place where gambling devices will be used - ,,,,~~.. 2. Date or dates gambling -devices will be used ~ ~ r .~il-yv,6~ ~~A5~~~1.~~'~ (date and/or day(s) V 3. Hours ofjt.he da gambling devices will be used: of week) ~i,,.a~ rrom 'A~~"'t To ~ ?~P~'t ,5,~v2f /rf0[9/J ~FOiK ~7 P. ~ rz (~~ 't[~f~ 4 . Maximum number of players ECrq~}- ~ r 5. Will prizes be paid in money or merchandise? 6. Will refreshments be served during the time the gambling devices will be used? Yes No ~. If so, will a charge be made for such refreshments? Xes NO Organization Information: ~~ ~K 1. Address where regular meetings are //held ~ /Yf„cJ 2. Day and time of meetings ~ ,.id.~ a ~~y~'S~i 3. Ss the applicant organization vrganiaed under the laws of the ~~ State of Minnesota?. Yes ~ No 4. How long has the organization been in existence? 5 S 4a. How many members in the organization? ~ ~Q n 5. What is the purpose of the organization? A r ,LT, 6. Officers of the Organization: ~~r Name ~~' Address Ti e Y.~,,n ,~r~r3r,, //~~9 I ~~.,., ~tr/iT eLrr~.s~.~) vi/Q . - ~e Sir~~e.r:~ ~n(,eh e~c~r ~' 31'~ lam' ~ ~ } 6, ~t.~ c ~ a Svc r 7. Give names o 'officers o`~ ny~o~thervnersons paid for ~s~iHces to the organization: Name Address Title 5(~~ ~, Organization Information: (Continued) 8. In whose custody wil anization records be kept? I t ' Name ~~~ Q Address ~~7~P'~_l~-~~l ~ ~"Tl-~7N.d~r~ 9. If the or anization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the idame of Insurer and Policy No. 10. Have you (Manager & Officer) read, and do you thoroughly understand the revisions of all laws, ordinances, and regulations go~rning the ~peration and use of gambling devices? 11. ach a is of al active members of the organization. E. The ollowing infer ion is provided concerning a fidelity bond given by the gambling manager in favor of t e organization. 1. Name of bonding company 2. Address of bonding company . 3. Amount and duration of bond 4. Application is hereb made for waiver of the bonding requirements. Xes ~ No 2 declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, ~ have received from the City of Hutchinson a copy of the City Ord Fiance No6S relating to gambling, and 2 will familiarize myself' wi ttye co thereof. Si atur of a ri~'ed officer oY organi:.zation D te: ~O $ub~ r5.bed and swv~ to b e me Lary public on this _~ day of l~_ ~ ign r,e Notary Pu C m fission expires on Subscribed and sworn to before me a notary public on this day of 19 Signature of Notary Public Commission expires on ~ + ~wnsr. ~. ,?JIFF °'~ ,riiNNESOTA JdDY q, WEND(JRFF • ~ ..,.an.31,2006 NOTARYPOBLIC~=MINNESOTA - My Comm. Exp. Jen. 31, 2006 ~~~ • MEMORANDUM TO: Mayor and City Council PROM: Gary D. Plotz, City Administrator ` ` ~ ~~ Brenda K. Ewing, Director of I3uman Resources RE: Temporary Wage Adjustment of Acting Police Chief DATE: May 21,2DD3 As of May 2, 2003, Lt. Dave Erlandson was appointed to the temporary position of Acting Police Chief per the retirement of Steve Madson. With the appointment, Lt. Erlandson has assumed greater responsibilities and additional duties and will continue to do so over the next several months. During the most recent vacancy in the position of Police Chief in 1987, the acting chief was granted a temporary wage adjustment for the period of the assignment. Therefore, it is recommended that the City grant a similar temporary wage adjustment to Lt. Erlandson during his tenure as Acting Police Chief. It is requested that the Council consider a wage adjustment of $300 per month for the length of the temporary assignment. if you have any questions regarding this matter, please contact either Gary Plotz or Brenda Ewing at City Center. C~ 5(~ • pRgfT SUBDIVISION AGRI:~MENT Ravenwood West CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, between Village Homes of Hutchinson, hrc., a Minnesota Corporation, fee owner, and Derrick Investment No. 91, lnc., a Minnesota Corporation, fee owner, hereinafter called the "Subdivider' ;Victoria State Bank, a Minnesota corporation, mortgagee; and the City ofHutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City"; . WITNESSF,TH: WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod, State of Minnesota, which laas been surveyed and platted as Ravenwood West, and; WHERF,AS, City Ordinance No. 4G4 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT 1S HEREBX AGREED AS FOLLOWS: I. SiTF, PREPARATION AND GRApiNG 1. It is understood and agreed that the Subdivider shall be responsible for all work associated with site preparation and grading. All areas within the final plat, but outside of the rights-of--way, shall be graded to within 0.5 feet of final grade to allow for proper drainage, and the installation of utilities. The rights-of--way, ditch and ponding area shall be constructed to within 0.2 feet of approved grades. All unsuitable soils shall be removed and the remaining soils shall be compacted to a minimum of 90% Standard Proctor Density. All work shall conform to the approved Site Grading Plan, and shall be completed prior io the commencement of building, utility or street construction on the site. The grading maybe completed in stages, however all grading and landscaping ofthe ponding area shall he completed prior to any construction on the site. No material may be removed or added to thcright-of way area noted for "Proposed Street" along the south line of the plat. Any costs related to soil correction or material removal for this site incurred by the City shall be the responsibility of the Subdivider. A Registered Land Ravenwood WesWage 1- CC Approval OCUWl2003 s~h~ • Surveyor shall be utilir.ed to provide survey control and staking for all site preparation and grading work, and complete a "Certificate of Completion" noting compliance with the above referenced requirements after work is completed. 2. The Subdivider shall provide all turf establishment and erosion control necessary to protect the utilities, pond and ditch areas and strcet improvements beyond the boulevard areas. The Subdivider shall complete all required permitting and provide all erosion control during site grading work, prior to infrastructure construction, necessary to meet local and state reyuirements. The entire site shall be planted with perennial rye grass, or other erosion control plantings, following completion of site grading. It is understood and agreed that the City reserves the right to complete the work necessary to meet local, state and federal regulations and invoice the Subdivider if they are found to be in violation of these regulations. 3. It is agreed and understood that natural gas or electric distribution mains and services will not be scheduled for installation until all provisions of paragraphs 1 of this section have been met. Staging of this work must be approved, and will only be allowed with the written approval from Hutchinson Utilities and lutchinson Telephone. 4. It is understood and agreed that it shall be the Suhdivider's responsibility to provide survey control points for all infrastructure and site construction. 5. It is understood and agreed that the Subdivider shall be responsible for maintaining the . condition ofthe infrastructure during building construction. The Subdivider shall be required to maintain and clean the roadways and storm sewers on a regular basis, and shall repair or replace any street, storm sewer, sanitary sewer or watermain infrastructure damaged by operations related to building construction on the site. The City reserves the right to complete this work and invoice the Subdivider after lU days written notice of work to be completed. 1I. ASSF.SSMENTS/IMPROVF.MENTS ] . The Subdivider hereby agrees to construct lateral sanitary sewermains and appurtenances, lateral watermain arrd appurtenances, sanitary sewer service leads, water service leads, lateral and tnmk storm sewer and appurtenances, curb and gutter, site grading, ponding, street signs and lighting, restoration and appurtenances to serve the entire plat, except for improvements within Bluejay Drive SWright-of--way. All work outside ofBluejay Drive 5 W, except for future strcet and storm sewer construction in Dale Sireet S W shall be completed by forces employed by the Subdivider, and the work shall meet all applicable local, state and federal regulations and construction standards. The City shall approve all construction documents and shall have overview and final approval of all infrastmcture proposed to be turned over tv the City. The City reserves the right to reject work that is not in conformance with its standard specifications. It is understood and agreed that the cost of repairs, upgrades, maintenance or other improvements required to bring the in ('rastructure work up to City standards shall be the Subdivider's responsibility. 2. All work noted in paragraph ]about must be designed and constructed under the direction of a • registered professional engineer. The Subdivider shall have the private engineer inspect all work and complete a "Letter of Compliance" stating that, to the best of his knowledge and expertise, Ravenwnod WesVPage 2 - CC Approve! 00/OQ2003 5L~~ the work was completed in conformance with all applicable city, state and federal specifications and regulations. The engineer shall also provide the City with as-built drawings in AutoCad format. Afler compliance review by the City Engineering Department, a °Lettcr ofAcceptance" shall then be prepared and signed by the City and the Subdivider. 3. Ii is understood and agreed that the Subdivider shall pay an engineering and administrative fee to the City to cover expenses related to review, inspection and acceptance of privately installed infrastructure that is pmposcd to be turned over to the City of Hutchinson. 'T'his rate shall he as noted in the approved City policy at the time of constntetion. The current rate is 7% of construction cost, which shall only apply to those infrastructure items to become the property of the City. The Subdivider shall also provide a bond or letter of credit in favor of the City, in the amount of 100% of the private project improvements. The bond/letler of credit and engineering/administration fee are due prior to the commencement on construction. 4. It is understood and agreed that the portion of the plat adjacent to Dale Street S W (Lots 9 through 21 of the Preliminary Plat) shall be assessed far lralf of the total cost for the constmction of complete street and stone sewer construction fqr that portion of the roadway. This construciivn may not occur until development is proposed and/or under construction to the west of Dale Strcct, which may be several years.lt shall be the Suhdivider's responsibility to properly notify all property purchasers of the future project and proposed assessment. 5. It is understood and agreed that the Subdivider shall pay for improvements to construct lateral • sanitary sewer mains and appurtenances, lateral watermain and appurtenances, sanitary sewer service leads, water service leads, lateral and trunk storm sewer and appurtenances, curb and gutter, street grading, street base, street surfacing, street signs and lighting, concrete sidewalk, restoration, and appurtenances within I3luejay Drive SW right-of--way between the current termini south of Century Avenue and Blackhawk Drive SW. These assessments against the property shall be split roughly based nn the percentage of frontage along Bluejay Drive S W. This split shall be 40% to Lots 1 through 8 (1/8 unit each)/Block 1 of Ravcnwood West, 40% iv the remaining portion of Lot 1/I31ock I of Ravenwood Addition, and 20% to Lot 3, flock 2 of Ravenwood Addition. 6. It is understood and agreed that the Subdivider shall pay Trunk Sanitary Sewer and Watermain connection fees. These Tees will compensate the City for improvements required to provide Trunk. Sanitary Sewer and Watermain access to the plat property boundary. This fee shall be collected at the time of building permit issuance, and shall be at the rate in place at the time of permit issuance. Iii. CONSTRUCTION & MAINTENANCF, OUT511)E OF RIGHTS-OF-WAX ANA EASEMENTS 1. It is agreed and understood that lateral sartitary sewer and watermain 8" or greater in diameter, and storm sewer lines 12" in diameter or larger (hut not including farm file lines) located within easement areas shall be considered a portion of the municipal system. Revenwop°' WesNPege 3 - CC Approval O(VOa2003 ~h~ • 2. It is agreed and understood that the Subdivider shall be responsible for assuring that building consirucUon is completed in conformance with the preliminary plat and grading plan. It is essential that the vertical and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential t]uod or drainage damage. Any costs associated with these conflicts and potential relocations of utilities and/or structures shall be the sole responsibility of the Subdivider. IV. OTHER FEES, CI3ARCF.S AND DEDICATIONS 1. It is understood and agreed, that a Parks and Playground Contribution will be made to the City at the time of building permit issuance. Current City policy calls for a contribution of $175/unit (2 units shall be charged for each duplex) for areas with R-2 zoning. Future contributions will be made based on rates in effect at the time of development. 2. It is understood and agreed that the Subdivider shall pay a fee of $800 per unit as a municipal electric service access charge, as noted by agreements with McLeod Cooperative Yower Association (Coop). These fees shall be collected with the building permit for all properties, unless otherwise noted in the agreement with McLeod Cooperative Power Association. The checks shall be made out directly to the McLeod Cooperative Power Association. 3. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees for Electric and Cas Service to Hutchinson Utilities for all units to be served in . the final plat. These costs for single-family home units are $150 for 100-amp service or $200/unit for 200-amp Electric Service, and $15Q/unit for Gas Service or as in effect with Hutchinson Utilities at the lime of development. These fees include the standard connection to each house, attd ittclude required meters. Services larger than the standard residential sizes will be at an additional cost. 4. it is understood and agreed that all costs associated with installing street lights to serve the Subdivision shall he paid by the Subdivider. Street lights on public right-of--way will he installed by the City at cunent spacing standards and will be maintained and operated by the City after installation. The cost for this installation shall be invoiced to the Subdivider by the Citybased on the invoice from Hutchinson Utilities. Street lights serving private streets, outside of public street right-of--way, shall be installed, operated and maintained by the Subdivider, association or other assigtee. The Subdivider may make provisions to purchase the materials through the Assistant Public Works Director if it is desired to utilize the same pmduct within the private street areas. V. INFORMATION REQUIRED TO BE PROVIDED TO ASSIGNS AND SUCCES5OR$ 1. it is understood and agreed that a I3omeowner's Association covering all properties within Ravenwood West shall be set up to provide maintenance ofOutlot A and other adjoining right- of--way, casements and commonly held properties. The City of Hutchinson shall not be responsible for any maintenance within the plat or adjoining right-of--way except for future . expected maintenance work within the detention pond area that may be covered through storm water utility fees, which is expected to only include removal of silt build-up due to normal Ravenwood WesUYage 4 - CC Approval OQlOQ~2003 ~~~~ . conditions and expectations. The Subdivider shall complete all necessary work to develop and record Cove~rants regarding maintenance, and the I3omeowner's Association. 2. It is understood that all properties in Ravenwood West arc located within Airport Safety Zones A and/or B. This zoning area has several limitations, including, but not limited to, the Iollowing: a. All properties are prohibited from having detached accessory buildings, as defined in the Hutchinson City Ordinance. This means that buildings such as storage sheds, barns, detached garages or other similar structures will not be allowed to be constructed on these lots. Please see specific Ordinance sections for complete information on these limitations. b. Homeowners shall be aware that they are constructing homes adjacent to an airport. and skydiving facility. These properties are located within the landing and takeoff zone for the airport, and airport related noises and nuisances are to be expected. 3. It is understood that future assessments are expected for the work noted in Section II.4. Vi. GENERAL It is understood and agreed that al] local, state and federal pem~ils required to be obtained for the development shall he the responsibility of the Subdivider. 2. It is understood that any future phases, if not in confomiancc with the preliminary plat review must be processed tluough an additional public hearing, per City Code. 3. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 4. It is understood and agreed that the City shall record ibis agreement at the McLeod County Recorder's Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. The Subdivider shall pay all costs associated with said recording. Ravnnwood West/Page 5 - CC Approval OM70/2003 5~h~ SUBDIVIDER: Village Ilomes of Iutchinson, Inc. Signature Derrick investment No. 91, Inc. Signature STATE OF MINNES()1'A COiTNTY UN' SiCNAT'LiRF,S Ro er D. Derrick Nante (Print) Ro cr D. Derrick Name (Print) Title Title 'fhe foregoing instmment was acknowledged before me this ~ day of J 2003, by of Village Homes Inc. of Hutchinson STATE OF MINNESOTA COC7NTY OF MOI2TACEE: Victoria State Bank Signature STATE OF MINNESOTA Notary Public, My Commission Expires Cowny,Mitttl 'I'he foregoing instrument was acknowledged before me this ~_ day of 2003, by of Derrick lnvesmtent No. 91, Inc. Notary Public, _,_ My Comn>assinn lrxpires Name (Print) Ccxady,Min<xso~ Title The foregoing instrument was acknowledged before me this ~ day of ~, 2DD3, by of Victoria State Bank COUNTY OF Notary Public, _, Clxttlly,Muates~ta My Commission Expires Ravenwuod wesuPaga s- cc approval oaoazoa) ._J~--~ • APPROVED BY TIIE HUTCHINSUN CITY COUNCIL THE 27TH UAY OF MAY, 2003. CITY OF HUTCHINSUN: MARLIN TURGERSON, MAXUR STATE OF MINNESOTA COUNTY OF GARY U. PLOTZ, CITY AAMINiSTRATOR The foregoing ittstrumcnt was acknowledged before me this day of _ 2003, by Marlin Tor6erson, Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, My Commission Expires I'IIIS IIJSTRLTMENT WAS DRAFTED RY: John P. Rodeberg, Director nf' Engineering/Public Works City o£ Hutchutson 11 I Hassan Street SE Hutchnson, MN 55350-2522 320-234~2U9 Crnndy,Mi~m:,cc~ Ravenwood WeSNPage 7- CC Appmva100/DO/7003 ~~ Si1BDIVISION AGREEMENT WENDY'S ADDITION CITY OF HUTCHINSgN, MINNESQTA THIS AGREEMENT, made and entered into the day and ycar set forth hereinafter, by Happy Chef of Minnesota, Inc., a Minnesota Corporation, fee owner, hereinafter called the "Subdivider", and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter callcd the "City"; WITNESSETH: • WHEREAS, the Subdivider is the owncr and developer of property situated in the County of McLeod, State of Minnesota, which has been surveyed and platted as "Wendy's Addition". WHEREAS, City Ordinance No. 4fi4 and 4GG requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HERESY AGREED AS FOLLOWS: I. SITE PREPARATION AND GRADING/IMPRQVEMENTS It is understood and agreed that the Subdivider shall be responsible fpr all work associated with site preparation and grading outside of the public right-of--way. a. All areas shall be graded to within 0.5 Feet of final grade to allow for proper drainage and the installation ofutilities. The proposed trail connection to School Road and the Luce Line Trail shall be graded to within 0.2' ofproposed subgrade elevation and compacted to a minimum of 90% of standard density. b. The Subdivider shall clear trees and/or debris firm utility eascmentsandrights-of--way, as per the request of the City or utility, prior to installation of the improvements. Al] work shall conform to the approved Site Grading Plan, and shall be completed prior to the commencement of construction on the site. c. The Subdivider shall construct two rain gardens to provide for storm water management. The . ponds shall meet "Best Management Practices" for the State of Minnesota, based on the soil and drainage conditions on the site. besign and materials shall be reviewed by the City prior to construction. Wendys AddifiOrvPage 1/CC Appravod &27-03 SL~~ 2. Tt tis agreed and understood that the City of Hutchinson shall complete the grading and construction on • the adjacent frontage road, and completion of the bituminous trail, at the City's cost. This agreement is based on the dedication of the required right-of--way, as noted in the final plat. The City will make every reasonable effort to have all work completed on the roadway and trail by September 1, 2003. 3. It is agreed and understood that natural gas or electric distribution mains and services will not be scheduled for installation until all provisions ofparagraph 1 of this section have been met_ Staging of this work has been discussed, and will be allowed pending written approval from Iutchinson Utilities and Hntrhincnn TPlPphnn? 4. The Subdivider shall provide all turf establishment and erosion control necessary to protect the utilities and street improvements on the entire site. The Subdivider shall also provide all erosion control during site grading work, prior to infrastructure construction, necessary to meet local and state requirements. The entire site shall be landscaped following completion of site grading and street and trail construction. 5. It is understood and agreed that it shall be the 5ubdivider's responsibility to provide survey control points for all infrastructure and site construction. 6. Tt is agreed and understood that the Subdivider shall be responsible for assuring that building construction is completed in conformance with the preliminary plat and grading plan. It is essential that the vertical and horizontal locations of the structure be verified to avoid conFlict with infrastructure and potential drainage damage. Any costs associated with correcting these conflicts . shall be the sole responsibility of the Subdivider. Tl. ASSESSMENTS/PRQJECT CUSTS 1. The Subdivider hereby agrees to complete all construction within the plat, except for street construction, and trail gravel and bituminous, at their direction and cost. The City ofllutchinson shall complete the street construction and trail gravel and bituminous placement at its cost, with no assessments to the Subdivider. 2. It is understood and agreed that Trunk Sanitary Sewer and Watermain Availability Charges (SAC/WAC) will be charged per current City Policy. The fees shall be collected with building perrrtits. The rate for 2003 is $2,040 per SAC unit for sewer and water. The SAC units shall be calculated using the Met Council's standard rate schedule, based on a review of structures previously constructed in the Twin Cities metropolitan area. III. bTHETt FEES, CHARGES AND DEDICA'T'IONS l . It is understood and agreed that a Parks and Playground Contribution will be made to the City. Current City policy calls for a contribution of $1,075 for the site, and it shall be collected with the building permit. 2. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection • fees for Electric and Gas Service to Hutchinson Utilities for all units to be served in the final plat. WBMy's AAddiorYPsge 7/CC Apprpved &27.03 SC c~ 1(V. Gk:NERA,I, • 1. It is undcrstood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider, except for the following: a. The City of lutchinson shall obtain the necessary permits from the Minnesota Departrnent of Natural resources to make improvements to areas within the Luce line Trail right-of--way. h. The City of hutchinson shall obtain the necessary permits from the Minnesota Department of Transportation for work within the Trunk Highway 7/22 right-of--way. 2. The City of bIutchineon agrees to provide mowing and general lawn maintenance within Dutlot A of the plat, which ie considered unbuildable, even though it is agreed and understood that the ownership will remain with the Subdivider. Costs for maintaining the rain garden shall be shared between the City of Hutchinson and the Subdivider, based on agreements to be prepared as the need arises. 3. This agreement shall be binding upon and extend to the heirs, representatives, assigtas and successors of the parties. 4. Il is understood and agrecd that the Subdivider shall record this agreement at the Mcl,cod County Recorder's Office or Mcleod County Acgisvar of Titles OfFico, and that nv Building Permits will be issued until said Agreement ie recorded and a certified copy of this agreement is provided to the City. The Subdivider shall pay all costs associated with said recording. r~ C~ War AddCbrypepe yCC Approved 627A3 Sc~ SICNAI"URES r~ L • • SUBDIVIDER: happy Chef of Minnesota, Inc., a Minnesota Corporation Signature (Thomas P. Frederick, its President) STATE OF D4INNESO'I'A I7te fortgoiug itistawucut was acknowledged before me this day of , 2003, by'1lromas P. Frederick, President COUNTY OF of Happy Chef of Minnesota, a Minnesota Corporation Notary Public, My Comutission Expires County, Minnesota APPROVED BY THE HUTCHINSON CITY COUNCIL THE 2TI'H DAX OF MAY, 2003. • CITY OF HUTCHINSON: MARLIN TORGERSON, MAYOR CARY D. PLOT7., CITY ADMINISTRATOR STATE OF MINNESOTA The foregoing insttument was acknowledged before me this day of , 2003, by Marlin Tnrgerson, Mayor, COilNTY OF and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, ~ Connty, Minnesota My Conunission Expires i THIS INSTRUMENT WAS DRAFTED BY: John P. Rodeberg, Director of Faigineering/Public Works Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350-2522 (320-234-4209) wendy's Addrt~wdPage 4/CC Approv9d rrY7-03 sc~~~ RESOLUTION NO. 12179 . REVISED RESOLUTION DECLARING COST TO L3E ASSESSED AND ORDERING PREPARATION OF PRDPOSED ASSESSMENT ASSESSMENT ROLL. N0.5063 LETTING NO.9 PROJECT NO. 03.17 WHEREAS, cost has been determined for the improvement of Stearns Woods -- Park Island Drive SW extension by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bitumincus base, bitumincus surfacing and appurtenances, and the bid price for such improvement is $ and the expanses incurred or to be incurred in the making of such improvement amount to $ so that the total cost of the improvement will be $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNE=SOYA: 1. The portion of the cost of such improvement to be paid by the City Is $ ,and the portion of the cost to be assessed against benefited property owners is declared to be $ 2. Assessments shall be payable in equal annual installments extending aver a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2004 and shall bear interest at the rate of ~ percent per annum from November 1, 2003. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to ba specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided bylaw, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Gouncil thereof. Adopted by the Council this 27th day of May, 2003.. Mayor City Administrator • ~~:~~ . RESOLUTION NO. 12178 REVISED RESOLUTION DECLARING CDST TO BE ASSESSED AND ORDERING PREPARATIDN DF PRDPDSED ASSESSMENT ASSESSMENT ROLL NO.5063 LETTING N0.9 PROJECT NO. D3-17 WHEREAS, cost has been determined for the improvement of Stearns Woods -Park Island Drive SW extension by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances, and the bid price for such improvement is $103,911.20 and the expenses incurred or to 6e incurred in the making of such improvement amount to $25,977.80 so that the total cost of the improvement will be $129,889.00. NOW, THEREFORE, BE IT RESDLVED BY THE CITY CDUNCIL DF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid 6y the City is $O.DO, and the portion of the cost to be assessed against benefited property owners is declared to be $129,889.Op. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, tha first of the installments to be payable on or before the first Monday in January, 2004 and shall bear interest at the rate of percent per annum from November 1, 2003. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of . land within the district affected, without regard to cash valuation, as provided bylaw, and he shall file a copy of such proposed assessment in his office fpr public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 27th day of May, 20D3.. Mayor Gity Administrator r ~ coMPa.EO er: P v EEN ASSESSMENT ROLL NO.5063 50.00 STREET CD5TIFRONT FOOT 4bMPUTEO aY: J ROOEeERO LETTING NO. 91PROJECT NO. 03-17 so.oo WATER SERVICE COSrNHR CHECNEO BY: P. VANOER VEEN STEARNS WODDS • PARI(1SLAND DRIVE SW EXTENSION 50.00 SEW ER SERVICE COSr1lINR NUMBER OF YEARS: SO BY CONSTRUCTION OF STORIA SEWER, SANnARY SEWER S SERNCES, WATERWVN 3 SERVICES, GRAORlG, 1ST HEARING: WANED 0412$10$ - 2ND HEARING: WAIVEiI 05127/03 INTEREST RATE: GRAVEL BASE, CONCRETE CI3RB S GImER BirIIMINOU3 BacF, iNrUh9NOV5 SURFACPM. AAPPIIRTEHANCES A90PTE0: 05127!2003 ACCOIINf NO. CITY AIO N0. COUNTY AD NO. NA1AE S ADDRESS OF PROPERTY OWNER LEGAL DESCRIPTION ADORION OR SDSOIVL4ION FRONT FEET STREET ASSE4.4. WATER SERVICE SEWER SERVICE CREDIT Toro AC714E ASSESS. t 02.115-30• Roger R & Rachel F Stearns Properly Address: 720 Honey Tree Rd SW Lot 1, Block 1, 23 Hutchinson MN 55350 Stearns Woods $0.00 50.00 SD.OD 59.00 SD.00 2 02-11830. Roger R & Rachel F Steams Properly Address: 729 Honey Tree Rd SW Lot 2, Stock t, 23 Hutchinson MN 55350 Steams WDOds 59.00 $0.00 50.00 50.00 50.00 3 02-116-30- Roger R & RacheE F Stearns Property Address: 720 Honey Tree Rd SW Lot 3, Black 1, 23 Hutchinson MN 55350 Stearns Woods $0.00 50.00 SOHO 50.00 50.00 4 02-416.30. Roger R 8 Rachel F Steams Property Address: 720 Honey Tree Rd SW Lai 4, Stock 1, 23 Hutchinson MN 55350 Steams Woods 50.00 50.00 50.00 $0.00 50.00 5 02-11630- Roger R & Rachel F Stearns Property Address: 720 Honey Tree Rd SW Lot 1, Block 2, 23 Hutchinson MN 55350 Stearns Woods $0.90 50.00 SOHO 59AO 50.00 8 02-t 1&30. R er R & Rachel F Steams Properly Address: 729 Honey Tree Rd SW LOt 2, Stock 2, 23 Hutchinson MN 55350 Steams Woods 59.00 50.00 50.00 $0.00 50.00 7 02-116-30• Roger R 8 Rachel F Stearns Prope Address: 720 Hon Tree Rd SW Lot 3, Black 2, 23 Hutchinson MN 55350 Stearns Woods $0.90 50.00 50.00 SO.oO 69.00 TOTAL -ASSESSMENT ROLL NO. SDfi3 0 Z{I.OD 50.00 D 50.00 $0.00 L~ SA506312C03 LETTING NO. 71PAGE 1 OF 3 r~ COAPILED BY: P Y EEN ASSESSMENT ROLL NO. 50fi3 ;19 982 923 STREET COST & sEWER 8 WATE E CO/APUTED BY: J RODEBERG LETTING ND. 97PROJ ECT NO. 03.77 , COSr1UNIT CHECfO:D BY: P. VAR GER VEEN STEARNS WOODS -PARK ISLAND DRIVE SW E7lTEN5iON 1ST HEARING: WAIVED Od12272003 NUMBEROF YEARS: 1d BYCDNS[RUCTION OFSiORMSEWER, SANRARY SEWfR85ERYICES, WATERMPJN 85ERY1CE5, GRADING, 2ND HEARING: WAIVED 05127!03 INTEREST RATE: GRAVEL BASE, CONCRETE CURB 8 GIrfTER, BITU7,BNOUS BASE, BRUMINOUS SURFACING 8 APPURTENANCES ADOPTED: OSl27120D3 ACCOUNT NO. CITY PID ND. COfAlT1' PID NO. NAMES ADDRESS OF PROPERTY DWNER LEGAL DESORIPTgN RDDRpN OR SIIBDIV45pN UNITS SRiEET ASSESS. CREDR TOTAL ACTIVE ASSESS. 1 02-116-30- Roger R 8 Rachel F Stearns Property Address: 720 Honey Tree Rd SW Lo[ 1, Block 1, 23 Hutchinson MN 55350 Stearns Woods 2.5 $49,957.32 50.90 549,957.31 2 02-11fi-30- Roger R & Rachel F Stearns Properly Address: 720 Honey Tree Rd SW Lot 2, Block 1, 23 Hutchinson MN 55350 Stearns Woods 1 $19,982.92 $D.DD 579,982.42 3 02-116-30. Roger R & Rachel F Stearns Properly Address: 720 Honey Tree Rd SW Lot 3, Block 1, 23 Hutchinson MN 55350 Steams Woods 1 $19,982.92 $0.00 $14,982.92 4 02-116-30. Roger R & Rachel F Stearns Property Address: 720 Haney Tree Rd SW Lot 4, Block 1, 23 Hutchinson MN 55350 Steams Woods 0 SD.OD $O.OD 54.11U 5 02-116-30- Roger R & Rachel F Steams Property Address: 720 Honey Tree Rd SW Lot 7, BIoGc 2, 23 Hutchinson MN 55350 Stearns Woods 1 519,982.92 SD.oD $19,962.92 6 02-116-3D- Roger R 8 Rachel F Steams Property Address: 720 Honey Tree Rd SW Lot 2, Block 2, 23 Hutchinson MN 55359 Stearns Woods 1 $19,982.92 50.00 519,982.92 7 02-116-30- Roger R & Rachel F Stearns Property Address: 720 Honey Tree Rd SW Lot 3, 81ack 2, 23 Hutchinson MN 55350 Stearns Woods D 50.00 $0.00 $a.oD TOTAL -ASSESSMENT ROLL NO. 5063 6.5 5129,894.09 SU.DD 5729,888.99 b G~ flrl V SA-i0.~1 ~2~0." L9TfING NC. !.PAGE 1 OF 1 RESOLUTION NO. 12180 RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5063 LETTING N0.9 PROJECT NO. 03.17 WHEREAS, by a resolution passed by the Council on the 27th day of May, 2003, the Directorof Engineering was directed to prepare a proposed assessment of the cost of improving Stearns Woods -Park Island Drive SW extension by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; WHEREAS, the Directorof Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The owners of the affected properties have waived hearing on said proposed assessment. 2. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the Gity Administrator, except that no interest shall be charged if . the entire assessment is paid by November 14th, 2003. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 27th day of May 2003. Mayor City Administrator r~ ,(~ RESOLUTION NO. 12161 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5063 LETTING N0.9 PROJECT N0.03-17 WHEREAS, pursuant to resolution andwaiver of hearing the Council has met and reviewed the proposed assessment for improvement of Stearns Wocds -Park Island Drive SW extension by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending overa period often (10) years, the first of the installments to be payable on or before the first Monday in January, 2004, and shall bear interest at the rate of percent per annum as set dawn by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2003 until the 31st day of December, 2004. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 14th day of November, 2003; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31 st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interestwill be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 27th day of May, 2003. Mayor C~ Gity Administrator `~~J/ RESOLUTION NO. 12182 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING N0.9 PROJECT N0.03-77 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of Stearns Woods -Park Island Drive SW extension by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bld and whereas, it appears that of is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY GOUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with of , in the amount of $ in the name of the Clty of Hutchinson, for tha improvement contained herein, according to the plans and specifications therefore approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 27th day of May, 2003. Mayor City Administrator C~ J~~ RESOLUTION NO. 12182 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING ND.9 PROJECT ND. 03-17 Whereas, pursuant tc an advertisement for bids for the furnishing of all labor and material for the improvement of Stearns Weods -Park Island Drive SW extension by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid Wm Mueller & Sons Inc of Hamburg MN $103,911.20 R & R Excavating Inc of Hutchinson MN $104,681.00 Duininck Bros Inc of Prinsburg MN $109,D88.75 Quam Constructicn Co Inc of Willmar MN $179,604.70 and whereas, it appears that W m Mueller & Sons Inc of Hamburg MN is the lowest responsible bidder. NOW TWEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are heraby authorized and directed to enter inte a contract with W m Mueller & Sons Inc of Hamburg MN, in the amount of $103,911.20, in the name of the City of Hutchinson, far the improvement contained herein, according to the plans and specifications therefore approved bythe City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 27th day of May, 2003. Mayor City Administrator ~~' ~d ~~~ aey~ ~~~~ MEMORANDUM POLICE /EMERGENCY MANAGEMENT SERVICES TO: Chief David Erlands,~o¢n, FROM: Sgt. Chris Dobratz UN/ DATE: May 6, 2DD3 RE: On-Sale Intoxicating Liquor License As of today's date, I have completed the background investigation on Mr. Gary 5chwarzrock. Mr. Shwarzrock has applied with the City of Hutchinson for an On-Sale Intoxicating Liquor License for the Victorian Inn Management Company in Hutchinson, MN. During the course of this investigation, I di,~! not discover anykhing in Mr. 5chwarzrock's background that wo,~,;~1; ~j$qualify hurl,fl'gm:,Dbt~inillg this'licen~~1~, ;~;;i~p'jai~~:'-T".,kl',I,ir ;~;tl~ib~,i;.;f~h~,''";~~I'"lr~ili~itih;'~1~7~i;i~'";.~ii'i;,ij;~r.".•:.,;, i~~;;;ll';; • If you need any furt~~r~`nfC~rr~i~t©n re'~~rp`it'~°~'~~'ifs"ail`~ri"after',"`ple~~~~'~©rht;~ot me at your earliest convenience. `;,,,!~:~;' `-~~', ,,~ ; ,i; '-',w' , i~i;l, pi,,,,: ' ~,,, ''Nllri'i ~, , t:.,~:d ,, , ,;,li i,it,y;:~,,;i'i'~~1'r;x. ,,g• "'i,Vii;~pw,,: ~ ; `~lj,,i,,;;,ri.,, ,, ~~ ~~,~i~,. ~ ~ ill li ~ ;,,iiii~i~,,, n~l,~' ~',~i;, „r~bh~,,, ~'~i~,uV„q~i,~~ ",~i~, ('~~I;Ippi~~~~~~,~ Igy,a~"~'`.~jn~i~'i~~~ ., '~~i; '~;;I~NIY 4~%el" i, hjg,,, ~"';7~,6,~:'. ?!i ~„ ,a., '~i,, „I. L~I', ~„ r L ~~~~ ~ ~ APPLICATION fOR OH_8T~ INfO%ICIITINO LI~VOR 1,ICe~{9L Th1• form was praparad 6y !M City of Hutohlnaon and tha ++innuote suraRU of Criminal Approh.naiOn, Dapextnant of Dub11c ®afety, purauent tD Hlnneeoia lentuta., 197fi, 8aatian 740.13, ivr purpaxaa of b.vk- grouM Snvee tigetion. It dw^ not eupercede any lewu, rulaa or r.quLtivn• of the Divl.lon of Liquox Cvntrvl ragardinq the Suunnc. OC liquor llcena.a. Pnllure to provide Snfvrtn.tion raquaand may xa.ult Sn daniel of th• appliantion. 1. `~ G ~~ ---~ N m N s/~. Trndo Haan. w V i~~'p0.lw .J ANN nee. of Appl cation 7. ~ C) 9 ~ i venaing Par vd 7. Types of Application. ~ Naw ~ I4new.1 ~ TYenafer a. ~ f ~C {~ w o n IC ~R~~ 3 l a s5t ~-'-7s 1 Huth of Applicant phana s. ~~1 ~1tvQairJ CZyV S. W ~iCh NSoN M pS .S'a xoma Addree• 8. CS[iranahipt ,. 2gau ~ G m.~ Iz- 9 v Plaa• of Birth -Ata of ^Srth e. / u L1-,. L - Addraaa of xuaineu Lavation 9. ~• Li.k owns. of huildinq or pramia• to ha licantredt ~j p..~i \ ~ti]1 [a ll. LSat all pertnora, OLLLvaxa ar dlrachvra, if cnrpOxRCian= ~'~ Addreee -et. of firth ia. Pr1or sxporienca Sn thia typ. of hurin.nt =~~.19 ,~.1 ~. _, ~[1 ~~,_ 13. praaenC orrturahip Sn any otlyr liquor aatahliohmantt 14. Pr.aant ownarahip Sn any other raatauxant ar toad huaineaat N ~ ti 15. Three Buainua Aaiaranout ~ Sw S~S7-9~95~ . ~~ r .~'s7- Siso '" ~ ~ m S 8 ~ 18. _ ~` C< ~urnte or Partnership (p C~~ T Corporate or paPtn ~h p Addraa^ +^ ld. If this 1^ a trenaiar application give name, address, of persona, partnership yr . cvxporatlan holding llranaa far the pelt year. 1fl. Mho owns tho bar/tavern fixturul (`-~ ~ 20- Ara ynu a Hinnaaota maiden tT IL net, where resid an tT Data. al Re aidenvy 71. aesldenti al Addraaa during pest give (5) Y.are, ~$, .L.ur--c,o~,y~ Q,k{ s' (,~f -_ ~hrn S.S'.3S 71. Thge peraOnll Haf eranCU. (U j g.7 - 23 • am to ~ W ~ p ymsnt for the past Piva x.ar., '~.~,~pt3~ 7--OQ ~ a4. Any Cvnviptlana Othsr Than nlnpr Tra lfiv, 25. Thie eppllcatlan moat h. acvompani ed bl' detailed atataawnt of net worth and lnek ysar'a tax return and ^tatament v! aethad of payusnt for bueinus, iixturae and inventory. 26. applivant, aM hie sasovlatae Sn khis applivativn, will strivtly odnply with ell the Lawe vi the Rata of Hlnnupta gwarninq the taxation and the sale ~oi Sntoxioatlnq liquors rules and requlatipns promulgated by the Liquor Cvnerol Cvamisslon.r~ and all vrdlnanoss of the munivipality~ and i hereby aaxtity Chat I have reed the fore- going queetiona am that the enswar^ to .aid qugtioru era true aC my own knowledge. I further understand that an Snvaatigakivn fee not to axoeed pS0v.00 shall qe aharq.d an applioant by the airy pr county 1f the invutigatipn is oanducted within the ^tate, or the vast net to exvead @10,000,00 i! the inyutrgativn So required outride the state. I further understand the ordinances of the City of Xu tahinavn reperdinq the pperation a! on-sale liquor lioenae^ and agree to abide by them. 5 lignatura v Applivent •crihad and sworn to before ma this r=~ day a[ ~L~ ~HH.3{~3 (Notary -ubli o) A1~L18&1 A-9TMN[ aOTMY oi1111C - YIMNf10T1 Ny Con iasian expires, ~~ F~ ~ ~ ~ ~'~~'~ Yea f~ Nv P~ To c~ ~~~ RESOLUTION NO. 12178 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO.5 PROJEGT NOS. 03-12 & 03-19 W HEREAS, a resolution of the City Council adapted the 14th day of January, 2(X13, fixed a date for a Council Hearing on the improvement of: Project No. 03-12: Edmonton Ave SE from Montreal St SE to Jefferson St Sl? 6y construction of storm sewer, sanitary sewer & services, watermain 8 services, grading, gravel base, bituminous base, bituminous surfacing, trail and appurtenances Project No. 03-19: TH 7 Frontage Road -East of School Road by construction of street relocation, trail and appurtenances. NOW THEREFORE, 8E IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 13th day of May 2003. 2. John P. Rodeberg is hereby designated as the Engineer fvr this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Gouncil this 27th day of May 2003. Mayor City Administrator • Lv L h~ John Rodeberg -Mosquito Control ~ * ~„n.. ,~, ~ ___ ,~,,,,, ,,,~„ „~,ra~? From: Jahn Olson To: Dolf Moon; John Rodeberg Date: 5/21/03 3:14PM Subject: Mosquito Control Using the same method and product as the Metropolitan Mosquito Control District (MMCD). Altosid XR, Extended Residual Briquets (150 day). Available from Clarke Mosquito Control Products, Inc. Roselle, IL in 20D0 & 2D01 MMCD used 1.3 cases of briquets per acre treated. see page 37 of 2001 2D01 Operational Review at httpa/www.mmcd.orglaboutd.html In Hutchinson we have (per GIS system) Wetland (FKA-mushy spots) = 67.9 acres Storm detention ponds = 50.2 acres 118.1 acres / 1.3 cases per acre = 153.53 = 154 cases 154 cases X $586.53 per case = $90,326 (price obtained directly from Clarke Mosquito Control Products, Inc.) Product recommendation for catch basins = 1 briquet per catch basin 3,450 catch basins / 22D briquets per case = 15.7 = 16 cases 16 cases X $586.53 per case = $9,384 Total product cost = $99,710 (This assumes every wet area would be treated. Obviously we may limit the amount wet areas and ponds treated to reduce product cost). Estimated labor requirements 2 personnel, 2 weeks tp treat ponds/wet areas 1 person, 2 weeks tc treat catch basins 1 person, 4 days for supervision/management "' This system would not likely be very effective for this year, as product label indicates application should be at or before the beginning of the mosquito season. r~ ... s .::f John Radeber -Fwd: Moa uito ontrol e 1 From: John Oleon 70: Dolf Moon; John Rodeberg . pate: B/22/0310:30AM SubJect: Fwd: Moaqulto Control Ae an altematlve to Gity-wide treatments, Iwe contacted the City of Grove City, who has done event-related pre-treatment spraying for Atwater end others, ea well as Godfather's Past Control, located In Hutchinson to determine an event-related price for moaqulto control. From the beet esllmates they could give me, the coat would be around $1,000 (budgetary) for each event and area. ($300-400+/- Tor chemical; $150-260 +/- for equipment; $100-200 +/_ for labor; remainder for Ilcanse/Insurance...). Thla budgetary amount should cover the coat of apre-treatment for moequltoe prior to events, Tor example, treating Weat River Park prior to the M3 bike TRAM bikers coming In tv camp. We need to go into any pre-treatment Tor an event with open eyes, however. There will still be moequltoe. People will be swatting moequltoe after the area le treated. There Ia a paychologlcal affect of spraying, which le Important, and the chemical will help some but many moequltoe will survive or move Into the area. Weather conditions also have a signlflcant affect on the effectlveneee of any prt}veatment. If we were to use this concept of pre-treating before larger events In town, we would need to contact these people Immediately, because of EPA Ilcanae requlrementa. If we rent equipment from Grove City, we must provide a qualified applicator. If we hire 4rove City or Qodfather's the operators must upprede their licenses appropriately before any spray can be applied. Grave Clty will be contacting me with further Information within about a week. C~ • RESOLUTION NO. 121,162 . RESOLUTTON GRANTTNG APPROVAL OF ORDERLX ANNEXATION TO TIIE CITY OF kTUTCHINSON OF 78.80 ACRES LOCATED IN LYNN TOWNSHIP pWNERS FREDERICK PLATII AND WELS FOUIVDATTON INC. BE TI' RESOLVED BY TTIE CITY COUNCIL OF THE CITY OF HiTfCHIlVSON, MN: WHEREAS, certain territory described below has been designated for orderly annexation to the City of Hutchinson is urban in character, or about to become so; and WI-IEREAS, the following described property is totally within the Orderly Annexation Agreement and abuts property within the City of Hutchinson ; Legal Description: The West Half of the Southwest Quarter of Section Twelve (12) in Township One Hundred Sixteen (l 16) North of Range Thirty (30) West excepting therefrom the two (2) following described tracts, to-wit: _ _ ___ .-_(1). $eginning.at the Northwest Corner of said Southwest Quarter; thence East, along the - North line of said Southwest Quarter, to the center of the public highway; thence ------ - - South 1 rod; thence West, paral~eiwith the Nortli7ine o sar ou wes u o the West line of said Southwest Quarter; thence North, along said West line, l rod, to the place of beginning. • (2) That part of the Northwest Quarter of the Southwest-Quarter lying Northwester y o the centerline of County Road No. 7, and lying Southerly of a line described as beginning at a point on the West line of the Northwest quarter of the Southwest Quarter, 370.1 feet North, as measured along said West line, from the Southwest corner of said Northwest Quarter of the Southwest Quarter; thence Easterly, parallel with the South line of the Northeast Quarter of the Southeast Quarter of Section 11, Township 116, Range 30, 201.38 feet, said line there terminating. WHEREAS, the property is agricultural and shall receive a "talc break" consisting of a staged, graduated increase in mill rates from the township rate to the city rate over a five (5) year period. ,4]vD, WHEREAS, The orderly annexation agreement between the Township of Lynn and the City of Hutchinson states no consideration by the Minnesota Municipal Board is necessary, the board may review and comment, but shall, within 30 days, order the annexation in accordance with the terms of this joint resolution. NOW, THEREFORE BE TT RESOLVED, that the City of Hutchinson requests the property described be annexed by order of the Minnesota Municipal Board within 30 days. Adopted by the City Council for the City of Hutchinson this 22"d day of April, 2003. ATTEST: ~ J Gary D P1otz Marlin D. Torgerson City Administrator Mayor ~~~ CITY Off' HUTCHINSON -PLANNING STAFF REPORT To: klutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Miles Seppelt, Amanda Alison, Jean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Steve Madson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetx ]]ate: April S, 2003 -Meeting Date: April 15, 2003 -Updated April 17, 20D3 for the City Council Meeting of Apri122, 2003 Applicant: Frank Fay, REMAX Realty, applicant Frederlek Platte, property owner WFLS Foundation Inc., property owner Update The Planning Commission has recommended approval of this annexation on a unanimous vote. Staff is reiterating its recommendation of denial. Attached is a map that details a major sewer line that would be required to provide service to this project. The sewer line time frame is • questionable because of the cost to the City being $750,000 and whether the City is in a position to handle the infrashvctwe improvement. Even this extension would still not service the property, in Utat there would be another extension of over '/< of a mile to access this newly annexed property. The possibility of having to install a lift station is also a quesfion. The applicants state that it is possible that they would not want to develop the property for a number of years, but staff remains concerned about adding more property to the City limits that is not easily serviceable, does not follow the Comprehensive Plan, and does not follow the staged growth plan. T'he City spent an immense amount of time dealing with growth management issues over the last several years, and staff believes we should follow the recommendations of the comprehensive plan. Orderly Annexatlon 'T'he applicants are requesting annexation by Resolution of 78.8 acres located in Section 12 of Lynn Township. Resolution No. 10025 is a Joint Resolution between the City of Tiutchinson and Lynn Township as to the orderly annexation of property within the township. The-Resolution is in effect until December 31, 2003. Lynn Township is the only township which has entered into a long term agreement with the City. Tn effect, the agreement allows a City to annex portions of the township by resolution, rather than other additional processes required under state law. Location The parcel accesses off of Dale Street and abuts the City boundary on the north (edge of the proposed Itavenwood Plat). The southern boundary of the property is the south line of Section 12. g~~~ Anpexation Consideration `: ' Frederick Platte Planning Commission- April 15, 2003 . Page 2 Comprebensive Plan As the City just recently completed the Comprehensive Plan, it is important for the City to consider the effects of this annexation and its compliance with the long range plans of the Ciry. The staged growth. plan of the proposed annexation parcel is delineated to occur between 2010 and 2015. There are several reasons this staged growth time frame was chosen for this parcel. One of the reasons, is that sewer and water access to the property are not available at this rime. While there are plans to extend a major trunk line from the east up to this area and beyond, the assurance of this occurring and the City's expenditure of those funds are highly volatile at this point. Another reason is that indicated time frames for development were a product of how many other areas of the City were developing at that time, so that there was not an over or under abundance of developable property within the Ciry The long range land use plan indicates an agricultural business use in this area because of the proximity to the airport. ]n fact, the northeastern portion of the property is within Airport Zone A (no build). The idea is this area is to have less density surrounding a conflicting use (lwou d be airport). There has barn some indication, on the part of the applicant, that the property utilized forresidentia] purposes.- Staff Recommendation There are a lot of factors to consider when annexing property: timing of services, road improvements, surrounding land uses, the comprehensive plan, and whether the City is ready for the property to be within Ciry limits. Staff believes that there are an abundance of residential opportunities within the Ciry that are better situated for development at this time. Staff understands that at some point in the future, this property may again be considered for annexation, but believes this application is premature and would not be in the hest interests of the City of Hutchinson. Annexation of this area is premature according to the City's plan and staff would recommend to deny the request at this time. Cc: Frank Fay, REMAX Realty, 35 Main St. North. Frederick Platte, property owner WELS Foundation, property owner Robert McManus - by fax, interested party Lynn Township r 1 L J s~~~ P ----~~ _ . (y~~ ~ ~9 ~µV J`/1 ~~ ~ ~,N Q G• i ~d ~4~ aw ,~ FF . ...._ .,~.~I I1 I 1 F~il~1~I~~C d~,,. -~Q ~`: II I I .~;,~ V "~/ ~~ RESOLUTION N0. 10025 JOINT RESOLUTION OF THE CITX OF HUTCHINSON AND THE TOWNSHIP OF LYNN AS TO THE ORDERLY ANNE]LATION OF PROPERTY This joint resolution of the City of Hutchinson and Lynn Township ~is made and entered into this 27th day of July, 1993 by the Hutchinson City Council and the Lynn Town Board. RECITALS 1. Whereas, the Minnesota Municipal Board as created by Minnesota Statute §414.01 has jurisdiction over certain annexation and. order-ly annexation issues; 2. The City of Hutchinson and the Township of Lynn desire to enter into an agreement allowing for the orderly annexation of . certain property; 3. The parties hereto desire to reduce their agreement to writing; NOW THEREFORE HE-IT RESOLVED HY.THE--HUTCHINSON CITX COIINCIL AND THE GOVERNING HOARD OF LXNN TOWNSHIP AS FDLLOWSC ~~ 1. P onerty InyQ yed. The property covered by this orderly annexation agreement is legally described ax follows: Lynn Township, also known as Township 116 North, Range 30 Weat, McLeod County, Minnesota. Lynn Township., as presently constituted, consists of 21,883 acres. 2. Immediate Annexation. A portion of the above described property is ripe Pox, and the parties have agreed to, annexation without further delay. The legal description of the property to be annexed is as set forth on Exhibit "A", a true and correct copy of which is attached hereto, and incorporated as iE fully set out 1 gC~) • ~~~ D DEVELOPMENT AGREEMENT PLATH PROPERTY CITY OF HiJTCHINSON, MINNE50'I'A TZ:iIS ACREEMEN'1', made and entered into the day and year set forth hereinafter, by Frederick Platte, fee owner, and the WELS Foundation, inc., ['ee owner, hereinafter called tlrc "Owner", and the City of Hutchinson, a Municipal Corporation in the County ofMcLeod, State of Minnesota, hereinafter called the "City"; Wl'1'NESSE'1'H: . WHEREAS, the Owner has property situated in the CountyofMcl,eod, State ofMinnesota, which has the following legal description turd is totally within an Orderly Amiexation Agreement and abuts property within the City of Hutchinson: "1'he West half of the Southwest Quarter of Section Twelve (12) in Township One Hundred Sixteen (11G) North of Range Thirty (30) West excepting there from the two (2) following described tracts, to-wit: (1) Beginning at the Northwest Corner of said Southwest Quarter; thence East, along the North line of said Southwest Quarter, to the center of the public highway; thence South 1 rod; thence Wesi, parallel with the North lint ol'said Southwest Quarter, to the West line ofsaid Southwest Quarter; thence North, along said West line, 1 rod, to the place ol'beginning. (2) That pari of the Northwest Quarter of the Southwest Quarter lying Northwesterly of the centerline of County Road No. 7, and lying Southerly of a line described as beginning at a point on the West line ofthe Northwest quarter of the Southwest Quarter, 370.1 feet North, as measured along said West line, from the Southwest comer of said Northwest Quarter of the Southwest Quarter; thence Easterly, parallel with the South lint of the Northeast Quarter of the Southeast Quarter of Section 11, Township 11G, Range 30, 201.38 feet, said line there terminating. WHF.RF.AS, the Owner is requesting annexation to the ("ity, and; WHF.RF.AS, certain conditions exist that may create hardship to the City and development limitations I'or future development. Platte Ag~eemerrt/Page 1/CC Approved 5Z7-03 ~C~~) NCIW, THF,REFORE, I'i' IS IIEI2EBX ACREF..D AS FOi.LOWB: ~~~ 1. The property is cun•ently noted as an "AgriculturaUBusiness"use tar the Future Land LJse section of the City's approved Comprehensive Plan (although newly annexed land comes into the Citywith an "R-1" zoning). This use was proposed due W the Ibllowing conditions: a. The property is located at the intersection of three high-volume, high-speed roadways (Dale Street, School Koad/CSAii No. 7 and Airport Road/CSAH 8). h. Airport 7.n~re A divides this property from other developahle property in the area, severely limiting the use of a portion pf the properly, and creating a separation from other residential development in the area. c. Airport noises and nuisarrces may create contents for both the City a»d future homeowners in the area. d. The cost to extend services to the site is increased due to the about referenced separation and limited use of tlxe site. Also, the site's relatively low elevation in relation to the flood plain and sanitary sewer elevations would most likely require a lift station if development other than "slab on grade" were to he constructed in the area. e. A feedlot type use is located directly adjacent to the property. 2. The potential developer has proposed to develop low-to-mid density residential development due to the site's location across School Road (CSA1-17) from the potential site of the proposed Hutchinson High school. 3. The City does not propose to provide service to this area until between 2UlU and 2015, based on the approved Staging Plan in the Comprehensive Plan and the Alternative Urban Area-wide Review (AUAR). Accelerating this schedule may create financial and permitting hardship to the City. 4. It is agreed and understood that the City would consider development of the site for low-tn-mid density residential development under the following conditions: a. All costs to extend municipal services to the site from the trunk lines to be constructed iu 2003 and 2UU4 by the City of Hutchinson shall be at the Property Owner's expense. b. Any added costs to construct a lift station to serve the property shat I he at the Property Owner's expense. c. Standard utility availability fees (SAC/WAC) will still apply. d. The Property Owner shall work with the City to provide right-of--way based on the removal of Dale Slreei SW slanting al the north end of the property, and the proposed construction of a new connection from Airport Road (CSAhi 8) to School Road (CSAH 7) along the north line of said property. e. TheOwnermustinformallpotentialfiiturcpurchascrsoftheproperty'spotentialnuisancesand limitations due to the adjacent roadways and airport. S. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 6. Il is understood and agreed that the City shall record this agreement at the McLeod County Recorder's . OI'lice or McLeod County Registrar of Titles Office. The Owner shall pay all costs associated with said recording. Platte Agreemenf/Page 7JCC Approved 5-27-03 ~ Cam-) i OWNEK: SiGNATiTRES pRp~T till;nature: N'rederick Plath Bv.vigning tddc dnc•ument, ! c•ertifv that /hove rend, underxdnud and agreed with its 7e1'Ins. STATE OF MINNESOTA CO(1NTY OF The foregoing insmtment was acknowledged before me this day of -.._ . _ , 2UU3, by l~rederick Plath. Nnta~y Public, _..... My Commission lxpires County, Minnesota Signatnrc: WELS Foundation, Inc. Print Name 'Citle STATE O!'' M1NNN:SO'CA The foregoing instrument was acknnwladgcd hefcre me this day of ,20D3,by__- , COUNTY OF of WELS Foundation, Inc. • Notary Public, County, Minnesota My Commission );xpires AYYKOVEll BY 1'HE HU'1'CHINSUN Cl'1'Y COUNCIL TIIE 27TH DAY OF MAY, 2D03. • CITY OF HLITCIiLNSON: MARLIN TORGERSON, MAYOR S'1'A'1'E UN MINNESU'1'A COI1N'CY UY C;AKY U. YLOTZ, CITY ADMINISTRATOR T'he foregoing instnuttent was acknowledged before me this day of , 2003, by Marlin Torgerson, Mayor, and Cary D. Plotz, City Adnvttistrator of the (lily of Hutchinson. Notary Public, My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: Inhn P. Rndchcrg, Director of F.nginecring/Publie Works liulehinsun City Center 111 IIassan Street SE Hutchinson, MN 55350-2522 (320-234-4209) filar G~tPLANNINGl4nnexallonlPlath Agmemenl.doc Plath AgreymenBPage 3/CC App~oved 527-09 CoLmty, Mirutesota ~~~ti~ iTutchinsoa City Center 111 4lassan Strccl SE Hutchinson, MN 55350.2522 320.587.5151/k~ax 320-234-4240 MEMORANDUM DATE: May 22, 2003 TO: City Council FROM: Bonnie Baumetz, Planning Coordinator SUBJECT: Temporary Sign Request by United Way Ms. Connie Walters contacted me regarding the possibility of placing a temporary sign in • Library Square for approximately 6 weeks. My response to her was to make a request, in writing, to the City Council asking to use City property for the sign. As you will recall, we now have an ordinance regulating temporary signs in the City. There is a permit application, a fee and a deposit required for this type of signage. She is also requesting to waive the fees and deposit. If you approve the request, I would suggest Ms. Walters be required to contact Dolf Moon, Director of Parks and Recreation, to determine placement of the sign in the park. The sign will be in place during the Arts and Crafts Fair in the Park and it would be in the best interest of the City to have the Park Department involved with determination of placement for this sign and any other requests made for temporary sign placement on City property. I have attached Ms. W alters request and a copy of the present Temporary Sign Ordinance. C, J Printed on rccyded pa~xr - ~ ~~\ Hutchinson Area United Way United Wny of Hutchinson Area May 19, 2003 Dear City Council Members, 12 Main Street South, Hutchinson, MN 55350 Phone:32D-587-5252 Fax:320-587-4752 Email: hchamber@hutchtel.net The Hutchinson Area United Way is requesting a temporary sign permit tc used during the 2004 campaign drive. This permit is to display a "Thermometer", that will be used to monitor progress in reaching our goal. This project will be completed by a Boy Scout member, Aaron Burkstrand, with the help of his grandparents, Dennis and Barbara Burkstrand. This project for Aaron is part of his goal to become an Eagle Scout. The "Thermometer" has no final plans at this point. We believe the approximate size to be 9 to 10 feet tall and 2 feet wide. We understand that we will comply to all City of Hutchinson guidelines with the final plans. Hutchinson Area United Way would like to display the "Thermometer" in Library Square for a time period starting September 10, 2003 and to conclude October 31, 2003. Upon approval of this permit, we request that fees and deposits to be waived for our non-profit organization. 5incer~ Connie Walters Hutchinson Area United Way Board Member/Secretary C~ "IT BRINCrS OUT TWE BEST IN ALL OF US" q /~~ AN ORDINANCI; AMENDING SECTION 10.14 REGULATING PORTABLE SIGNS IN ALL ZONING DISTRICTS . SECTION 3: DEFINITIONS SIGN, PORTABLE/TEMPORARY: Asign designed to be moved from place to place and not intended for permanent business signagc. 10.14 SIGNS SIGN STANDARDS BY ZONING DISTRICT (2)(d) Portable Signs: Portable(femporary signs are allowed by permit. Portable/I'emporary signs may not be displayed for more than seven (7) days and must 6e removcd immediately after the event advertised. A deposit (amount to be determined by City Council resolution) is required and will be returned only if the sign is removed within seven days of the permit date. The applicant must reclaim the deposit when the sign is removed. If the sign remains after seven days, the City will utilize the deposit to remove the sign. Portable(femporary signs may not be placed in the public right-of--way, be flashing, have moving parts or be fastened to any pylon or light pole. Portable/Temporary sign permits will not be issued to a property more than 3 times within a calendar year. • ~ C~~~ !"lt~ t7 f Y}. May 16, 2003 City of Hutchinson Engineering/Public Works Maintenance Operations 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-6971 To: Honorable Mayor and City Council From: )ohn Olson, Asst. Public Works Dv. CC: John )todeberg, Air. of EngineeringlPublic Works Ken Merrill, Finance Director Floyd Groehler, Cemetery Supervisor Subject: Oakland Cemetery Fee Schedule • In response to budget adjustments required this year, the Cemetery is proposing fee increases. Please see the attached proposed fee schedule. The attached proposed fee schedule reflects fee increases of about $100 for mast typical Cemetery services. By implementing these proposed fee increases beginning July 1, 2003, we amicipate a reduction in General Fund support for the Cemetery of well over $30,000 per year. Because of the commitment to high quality service and maimenance at Oakland Cemetery, we believe these fee increases are within reason. These Fee increases will allow Oakland Cemetery to continue to be a beautiful, serene setting respectful to the memory of those buried and to their families. Even after these fee increases, services at Oakland Cemetery will still be a good value for our customers. These proposed fee increases, along with recent capital expenditures will allow us to minimize seasonal staff reductions. We intend to continue the tradition of high standards in providing funeral sorvices and grounds maintenance at the Cemetery. However, if these proposed fee schedules are not approved, there will be a marked redaction in services and maintenance at Oakland Cemetery. Proposed Motion: Motion to approve amended Cemetery fee schedule as proposed, effective 7uly 1, 2003. J ~~~ h~ _. , , „ _ a ~ ~ ~ e ,_~ ~ ~ ~ ~ ~ ; ,e ~ ~ ~° ~ ~ :~ ~' . ~ ' ~ ~ ~ ~ : : , ~. a ~ ~°a '~ '~' ~ - s~ r~ c~ ~ crz ~ ~ ' r~ v, ~ r- ~-- «~ ~ mss e~ ~a " a ca c~ ~ . v c~ r~s rw e z cw ~ c~i c„r ~ ,~ c.~ cv ~ aci asp ~^a ~-- ~- i ~ er Y ~ cv s-° - ua r~ ~ tv +e~ ua c'^~a ;, ~v cv ~ ri, ~ P- ~ c ~ W ~ ~ ~ ~ ~ ~ ~ . . . ` ~ ~ ~+cr ~ '~ n cca~i~ ~ r~ ~ ~~eann ~ raw °~° ~x- wr ~ ,~^ k- , . ~ ~' ~ ~~ ~ _~w ~~ " .. ~, ati c air ~ ~ ~ °~ ~ ~ °' m ~ ~ t,u ~ . t~ ~ ~ „~ ~ "~ 'mac '~ a ~ ~ ~ '' ~ ~ ~` ~ ' '~ ~ ~ ,~ '~ ~ ~°^ c°~ ~r ~ °' v ~ a~ ' . ar try ~ .~~• m ~ ~a ~ a ~ „`~ ,~ e ~i c~a ~a~ rye ~ ° ~i c='~ ~ us ~; r~1 ,+ raa c~a ~ ~ ~" ^r~^ ~- rc- ~w-m 4w^^ w .. w. , ~ ~w - firs' ~C°eM ti"s4 IU C'WM a~"'~1 ~'"uk `x~ ~ ~ ., ~ ,J' 1997 Edition -Electronic Format AIA pa~ument B141 - 1997 Standard Form of Agreement Between Owner and Architect with St~~nd~~rd Form ofArchitect's Services TABLE OF ARTICLES 1 INITIAL INFORMATION ~ RESPONSIBILITIES pF THE PARTIES 3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENTmadcasoftlrc 22 dayoFMay iulheyear 2?n03 (7f1 INOlJ.1) 111(1/CaIL'CIJV, l]]Olll/1 d/1(7f'Cd!) BETWEEN the ArclLitect's client identified as the Owner: (Aramc•, adJress and u[hc•r infiumafiuu) ~lIXS2~Llt1(f.Illf15.Ul1 111 IIassen StreeTSautheast I'iutchinson. Minnesota 55350 and the Architect: (,ti;uuC, aJdrraa and ufhrr in(unlrlliWl) Tushie-Mnnh*omerv Rz Associates. Inc 7645 i.yndale Avenue South. Runs 100 Richfield. Minnesota 55423 fur the following 1'rojecL (/nc/udc del.vilyd dc.cr (ip/mn n(!'rnjccll Municipal Liyuor Rlors and '1'rncinL Spzitc_lol:llitl$ 12.000 - 14.000 square feet in a new nos-stark JlI4~l.F!IC--1'nLul site arc2_Ig ~?a_a~Qwi'~sl.ll.y the Owner is 19.074 syuarc feet. Rite improvumcnts SlI81j itlClutilC_lfl.~$Slf'r.g11Sl, l~lacent sidewalk and alley rirhr-nf-ways. All parkine shall he aL- rah du. Storm water~ntian shall be off site. The Owner and Architect agree as follows. ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based un the Culluwiug information and assumptions. (Not.' [hr AGgxxsilinn for (hr /n/Irnvinft inm.c by insrnin/; iLe ree/ura(rel in/urbraliun a1' ;1 aYdk'lrr.•n[ each sr 'ilrl( .vpp/icablc•," "unk'nnrnr of finu•n!cxeru(iun"nr 7u LrJe(euoinr~ll.~acr by mutruJ.vgreclncne'% ~ 1917, 1976, 1948, 1951, 1953, 1958, 1961, 19Fi 3, 196 r, I'!6 , 7 1987, r] 199 y T e American Institute of Architects. Reproduction of the material herein or subsraniia Lluntation of Its prnvl vines without written permission of the AIA violates the copyright laws of the United States and will subject the violator iv legal prnserurion. WARNING: Unli[ensed photo[apying volates U9, ropyright laws and well subject the violator to legal prosecution. this dnnunenl was electronically produced with permission of the AIA and can Ere reproduced in accordance with your license wlthnut vlnlahnn until the date of expiration as Hated below. expiration as no}ed below. 115er Ducwnenl. 97b141.aia 527/2003. AIA License Number 1017145, which ezpir es on 9/30/2003. Yh3 L•Mcwnent has irnportant legal consequences. Consultation with an attorney is encouraged with respect tv its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED RlA DOCUMENT MAY BE MADf BY USING AIADDCUMENT D40I. ~~ R~ i ~1ti ro 1997 AIA~r AIA DOCUMENT 6141 - 1997 STANDARD FARM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washing}on, D.C. 7000E-5292 CcJ 1.1.2 PROJECT PARAMETERS 1.1.2.1 'Che objective or use is: (ldrnrifv nr deserihe.; ifsppmprierc, pmpnccd ucc nrgruh'.J . ~ •i i „jegsable tenant space. 1.1.2.2 The. physical parameters are: (lAerxily yr descriLx; i(apprapn:~rre, size, hxrslrnn, dinrcncinns, nr nnc~r pertinent infnrmstinn, such ru'grutrchuic's! relx+rrs alxarl the sire) This agreement is based upon lhu prclimitlary Duihling Program set in the ItFP established h~ the Owner which includes a 12.1H10 - 14.0(lU syuan: fool building with a construction budget of S1.A million. 1.1.2.3 The Owner's Program is: (ldcnti(y dncumcnrstinn nre'[alr Ihc• maruxr in rvhr2'h (he p1'vArarn r.a7/ Lre develv(xd.l To be determined 1.1.2.4 The legal parameters are: (ldrnrity perlineru /.esl inlnrmstinn, including, i(spprnpn~[r, land survrya ;urd lery;.'d drx'riplium :rod resUicGUnr of thc.citc•.J 'the silo is comuris~(I afthree full parcels and one partial parcel toh+ling 19.(174 syuare feet. 1.1.2.5 9'he financial paramelers are as follows. .1 Amount of the Owner's overall budget for the. Project, including the Architect's urmpenSatiutt, is: ~~.. ~ig•~OIC.Uiljll~d. 2 Amount of the Owner's budge! for the CusL of the Wurk, excluding the. Architect's compensation, is:'I'n be dclcrmincd. 1.1.2.6 The lime paramelers are: (ldrvllif); it apprvpnve, rnilccrnnc dater, Juratinnr ur (aa r !rack schrdu/irµ;.l 17csign and Onnslruclilm In be enntpleled..yYllhlll.Qtlsi~ll vear. 1.1.2.7 The proposed procurement or delivery n+elhod lot the Ptojecl is': . (ldenlity' method such ec cnm(xririvc h6{negnn.v[eJenntraet. nrennatruc[iuu marragculruU Campctilivc hid5ling zither th+•ouph~udilic biddine General Contractors. Construction ManagcmenL nr a cnrnbitlil[~pI19~ Lllri IK'4 methods. 1.1.2.8 Other partutetets att. (Idc•nti(~ spcrr~! charedenilir'n ur rrrnl. v( (hr Prn)iY-! >udl .vr cnergr. cnvirnnrnenrsl nr hli~tnric pres'crvafiun lY'(7</rlY'lfffnrr ) None 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's lJesignaled Represenlativc ia: (l. ie'r nsme, a~~trecc sod nnc~r in(rrnnstion.) Miles H. Scuy~ll 1~2~1_I2ir~Glur Ojly_of Iutchinson I I 1 IIassen Street Southeast Hutchinson. Minncsala ~;?3~ 1.1.3.2 The persons nr entities, in addition to the Ownet's Lksigualed Re.plesentalive, who are required to review the Architect's subminals to the Owner are: (! del Warne, addrecr sod nnc~r in(unna[inn. ) 1.1.3.3 'the Uwuer's other cmrsultants and cnnhactnrs are: (!.G't dticipline• aud, i(knuwrl, idellfi/y lhenl G)'name sod aihfrrccJ © 1917, 1926, 1948, 1951, 1953, 195x, 961, 1953, 19. ~ 1 97 y T e American Institute of Architects. Reproduction of the material herein or su6stanlial quotation of its provisions wi}hoot wri iten permission of the AIA violates the copyright laws of the United Sta+es and will subject the violator to legal prosecution. WARNING: Unllrensed pholncopying violates U.S. copyright laws and will su6lee+ the violator to legal prosecution. this document was electronically produced with permission of the . AIA and wn 6e reproduced in arrordanre with yow~ license without violation until the date of expirahnn as noted 6elow~ expiration as noted below. User Document. 976141 aia -- 5/72/7003. AIA License Number IU1714S, whlch expires on 9/308003 Tlv's document has important legal consequences. Consultalion with an attorney is encouraged with respect to its completion or modification. AVTHENTlCATION tlF 7HI5 ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY OSfNG AIAOOCUMENT !)401. ~~ r~i cr 1997 AIAM AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006.5292 ~c~~ Civil Engineer: '1'013e Determined ,Land Surveyor: 'Ib Ee llelcrmincd Su:uri[y Consuhanl - To Rc Determined Phone and Data Consultant - To Re Determined POS Consultant - To Re Determined Fixtures Bt F-gpj>mcnt - To Rc Determined 1.1.3.4 The Architect's Designated Representative is: (Liaf nurne•, uddrraa' next v(herinlomru(iar. ) Dan Pellinen 1.1.3.5 The consullanls retained al the Architect's expense are (l.rst rhrcipline sml, ilknnwn, identil~ them by name end eddreccJ This document has important legal MCChaniual and ElectriC81 LTnginccrs: 'I'o Bc Determined consequences. Consultation with an Structural Engineer: To Re Determined attorney is encovra8ed with respect to its completion or modification. 1.1.4 Other Ito portanl illltlal InfOCtn811011 is: AUTHENTICATION OF THIS ELECTRONICALLY PRAFTEP AIA DOCUMENT MAY BE MADE BY USING 1.1.5 When the services under this Agreement include CUnLtauL adtilitlisltalioll services, the AIA OOCUMENT 0401. General Conditions of the Contract far Construction shall 6e the edition of AlA 1.)ocuulenL Axot current as of the date nF (Iris Agreement, or as follows: 1.1.6 The infurtnallou contained in this Article t.t nlay be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. T3uLh patties, however, recognize that such infurmaLiun tnay change attd, in that event, the Owner and the Architect shall negotiate appropriate adjusuuenls in schedule, compensation and Change in Sen•ices in accordance with Paragraph t.3.3. ARTICLE 1.2 RESPQN5181LITIES OE TWE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another Lu fulfill their respective obligations under this Agreement. Roth parties shall endeavor to maintain good working relxtiunships among all members of the PrujucL team. 1.z.2 QWNER . 1.2.2.1 Llnless otherwise provided under this Agreement, the Owner shall provide full iufornlatiou in a timely manner regarding requirements for and limilatinns on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, iuforulatiou necessary and relevant For the Architect to evaluate, give notice of or enforce lien rights. IIII~ 1.2.2.2 The Owner shall periodically update the budget Car the Prujed, including that portion allocated for the Casl of the Work. The Owner shall not significantly increase ur decrease the overall budget, the portion of the budget allocated for the Cast of the Work, or contingencies ,,. included iu the overall budget or a portion of the budget, without the agreement uC Lhe ~~~.y Architect to a corresponding change in the Project scope and yualiLy. ~ 1.2.2.3 '1'Irc Owner's Designated kepresemativc identified in Paragraph t.1.3 shall he rD 1997 AIA47 aullrurized Lu act on the Owuei 5 behalf with respect to the. PrujecL The Owner or the Owner's AIA DOCUMENT 6141 • 1997 Designated Representative shall render deClSlonS in a limt'ly manner pe[ldillillg l0 dOl'.tl tlll'.IltS STANDARD KDSM AGREEMENI SUI?IDllted by IIU: ACLltlled in order to avoid unreasmtable delay in the orderly and seyuenlial progress of Lhe ArchilccCs services. The American Institute of Architects 1735 New Votk Avenue N.W. 1.2.2.4 The Owucr shall furnish the services of consullanls other than those designated in Washington, D.C. 20006.5292 Paragraph r.1.3 ur authorize the Architect lu furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Ptojccl. 1.2.2.5 Lhtless otherwise provided in this' Agreement, the Owner shall Furnish tests, inspections and reports required by law ur the C:uulract llocunlenls, su(h as structural, ~] 1917, 1976, 7948, 1951, 1953, 1958, 9 9 9 y C mencan Institute of Architects. Reproduction of the material herein or substantial quoTation of its pravisians without written permission of the AIA violates the copyright laws of the Vnited States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U 5. copyright laws and will subject the violator to legal prosecution. This document was elecuanieally produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Uo[~rnenl: 9Ib141.aia -- SR2R003. AIA License Number 1017145, which expires on 9/30/2D03. ~~~ mechanical, and chemical tests, tests far air and water pollution, and tests for hazardous materials. . 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time fur the Project to meet the Owner s nerds end interests. 1.2.2.7 The Owner shall provide prompt written notice to Lhe Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions ur iuconsislencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 'the services performed by dte Architect, Architect's employers and Architect's consultants shall be as enumerated in Article t.q. 7.2.3.2 'the Ardrilecl's services shall be performed as expeditiously as is cutrsis'lall with professional skill and catx and Lhe orderly progress of the Project. The Architect shall suhtnil for the Owner's appmval a schedule far the performance uF the Architect's services which initially shall be cuusis'teut with the time periods established in Subparagraph t.t.z.5 and which shall he adjusted, if necessary, as the Project proceeds. 't'his schedule shall include allowances fur periods of tame required for the Owner's review, For the performance of lhr Owner's consultants, and For approval of submissions by authorities having jurisdiUiuu over the. Project. Tiure limits established by This schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.2.3.3 The Architect's Designated RrpreSrulalive identified in Paragraph t.r.g shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the cunfidetrtialily of infnrmatinn specifically designated as confidential by the Owner, unless withholding such information would viulaLr Llre law, create the risk ofsignificant barn lu the public or prevent the Architect lkont establishing a claim or defense. in an adjudicatory proceeding. "I'he Architect shall require of the Architects consultants similar agreements to mainlaiu the confidentiality of infurmaliun specifically designated as cuulideutial by the Owner. 1.2.3.5 Except with the Owner s knowledge and consent, the Architect shall not engage in any activity, ur accept any employment, interest or contributiuu that would reasonably appru to compromise. the Architect's professional judgment with respect to this I'rnject. 1.23.6 The Architect shall review laws', codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Pxojert to requiretnenls imposed by governmental authorities having jurisdicliou over the 1'rnjecl. 1.2.3.7 "the Architect shall be entitled to rely on the accutecy and completeness of srrvicre and infurmatiun furnished by the Owner. The Architect shall provide prompt written notice lu tlTe Owner if the Architect becomes aware of any errors, omissions ur incuusislencies in such services or iufonnatinn. ARTICLE 1.3 7ERM5 AND CONDITIONS This document has important legal consequences. Cvnsulrafinrr wrth an attorney is encouraged with respect to its completion or modiFicalian. AUTHENTICATION OF THlS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MARE 6Y USWG AIA DOCUMENT 0401. r"+i~ •r` ¢~ 1997 AIAr9 AIA DOCUMENT 8741 - 1997 STANDARD FORM AGREEMENT 1.3.1 COST OF THE WORK 13.1.1 The Cost of the Work shall be the total cost ot', to lhi. extent the Project is not The American Institute of Architects completed, the estimated cost lu the Owner of all elements of lhr Project designed or specified 173'' New Vork Avenue N.W. Washington, D.C. 20006-5797 by the Architect. (9 95 , 9 3, 1958, 1961, 1963, 1966, 196 9 987, 8 1997 y T e Arnen can Institute of Architects, Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws v( the United States and will subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will • subject the violator to legal prosecution. This document was elec}ronirally produced with permission of }he AIA and can be reproduced in accordance with your lirense without violation until the date of expiration as noted below. expiration as noted below. User Document: 97b141.aia -- S/22R003. AIA License Number 1017145, which expires on 9/30/2003. l lam/ 1.3.1.2 The Cast of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected nr specially provided fnr by the Architect, including the costs of managenteul of supervision of • crntslxucliou of htslallalion provided by a separate construction manager or contractor, plus a reasonable allowance tut ((sett overhead and profit, In addition, a reasonable allowance far contingencies shall be included for market conctitiuns al the lime of bidding and for changes in llte Work. 1.3.1.3 The Cost of the Wark dues' not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-uf--way and financing or other costs that are the responsibility of the Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's cunsuhanl5 arc Instruments of Service lot use solely with respect Io this Project. The Architect and the Architect's cunxultanls shall be deemed the authors xnd owners of (heir respective Instruments nF Service and shall retain all camtaton law, statutory and other reserved rights, inducting copyrights. 1.3.2.2 Llpou execution of this Agreement, the Architect grants to We Owner a nonexclusive. license to reproduce the Architect's tustruments of Sen•ice solely fnr purposes of wnstructiug, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all runts when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from lire Ardtilect's consultants consistent with this Agrcentenl. An)• termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall retiain Irnm making further reproductions of Instruments of Service and shall return to the Architect w•ilhiu seven days of termination all originals and reproctucliuns in the Owner's possession nr control. If and upon the date. the Architect is adjudged in default of this Agreement, Lhe (uregoiug license shall be deemed terminated and replaced by a second, nunexdusjve. license perntittjng the Owner to authorize other similarly eredculialed design professionals to reproduce and, where pcnuiUai by law, to make changes, corrections nr additions lu the Instruments of Service solely fnr purposes of completing, using and maintaining lire Project. 13.2.3 ]ixcept for the licenses granted ill Subparagraph t.}.2.z, nn other license or right shall be deemed granted nr implied under this Agxccuteul. The Owner shall nnl assign, delegate, sublicense, pledge or otherwise Transfer any license granted herein to another party without the prior written agreement of the Archilecl. However, the. Owner shall he permitted to autiturize the Cnnlraclor, Suhcnntradors, Suh suhcuntractors and material or equipment suppliers to reproduce applicable portions of the fustruntenls of Setvice appropriate la and fur use in their execution of the Work by license granted in Subparagraph r.3ss. Submission or distribution of Instruments of Service to meet official regulatory tequitemenW or for similar purposes in connection with the Project is not to he construed as publication in derogation of the reserved rights of the Architect and the Architect's avtsultants. The Owner shall not use the Instruments of Service fnr future additions nr alterations to ibis Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Arc.IritecCs consultants. Any unauthorised use of the Inslrumenls' of Service shall be at the Owner's sale risk and without liabilil)• to the Archilecl and the Architect's cunsuhauls'. 1.3.2.4 Prior to the Architect prm•iding to the Owner any Instruments of Setvice in electrmtic form or the Owner providing to the. Architect any electronic data fur incorporation iltlo the instruments of Service, the Owner and the Archilecl shall b)• separae written agreement set futLh the specific conditions governing the Imn)at nl'such instruments of Sen•ice or electronic. data, including any special limitations ur licnrs'es uoI otherwise provided in this Agreement. 1.3.3 CHANGE IN SERVICES Cq 1917, 192fi, 948, 195 , y5i, 958, 'i. , 9G 967. 1970, 1974, 1977, 1987, (cJ 9N y e rner¢an Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions withvu} written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING Unlicensed photocopying violates U.S. copyright laws and will • subject the violator to legal prosecution. this document was electronically produced with permission of the AIA and can be reproduced in accordance with your Ilcense without violation unlit the date of expiration as noted helves. expvahnn as noted below. User Document: 97h141.aia -- 5/228003. AIA License Nurn her 1017145, which expires on 9/308003 this docurent has important legal consequences. Consultation with an attorney i5 encvuraJjed with fesped fo its completion or modification. AUTHENTICATION OE THIS ELECTRDNICALLY DRAFTED AlA DOCUMENT MAY BE MADE 8Y USING AIA DOCUMENT 0901. r~rr ~~ ;rr'+~i r rrt ~ 1997 AIAW AIA DOCUMENT 6141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 20006-5292 ~c~~ 1.3.3.1 Change in Services of the Architect, including services required of the Architect's cnnsuhanls, may he accomplished afLet execution of this Agreement, without invalidating the Agreement, if muwxlly agreed iu writing, if required by circumstances beyond the Architect's . control, of iF the Architect's services are affected as described in Subparagraph t.3.3.z. In the absence of tnuwal agreement in writing, the Architect shall notify the Owner prior to providing such selices. If the Owner deems that all of x earl of such Change in Services is not required, the Owuet shall give prompt written ltntice to the Architect, and the Architect shall have no obligation to provide those services. Pxcept fur a change due to the fauh of the Architect, Change in Services of the Ardtilecl shall entitle 11te Architect to an adjustment in compensation pursuant to Paragraph t.5.z, and to any Reimbursable Pxpenses described in Subparagraph t.3.9.z and Paragraph 1.5.5. 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and cnntpensalion: .1 change iu the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .Z enacuncnl or revision of codes, laws nr regulations or ufficixl iutcrprclations which nece55iLale changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in x limdy tnauuer; .4 significant change itt the project including, but nut limited la, size, quality, cumplexily, the Owner's schedule m' budget, or procurement method; .5 failure of petfutnlance ou the part of the Owner nr the Owner's consuhxnts or contractors; .6 preparation for and attendance at a public hearing, a dispute resohrtinn prueeedntg or a legal proceeding except where the Architect is party lhetx lo; .7 change in the iuformatimt contained in Article 1.1. 1.3.4 MEDIATION 1.3.4.1 Auv claim, dispute nr other maLler in yuesliou arising out of or related in this Agreement shall be subject to mediation as a condition precedent lu xtbilraliou or the . iustilulion of legal nr equitable proceedings 6y either patty. If such molter relates to or is the subject of a lien arising out of the Architects services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines' prior to resolulion of the lnatter by mediation or by arbitration. 1.3.4.2 The Owner attd Ardtilecl shall endeavor to resolve claims, disputes and outer matters in question between them by mediation which, unless the parties nlulually agree otherwise, shall he in accordance with the Cunslruclion Industry Mediation Rules of the American Arbitration Association currently in cficd. Request for mediation shall be filed itt writing with the usher early to this AgreemeN and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitraGmt hut, in such event, mediation shall proceed in advance of arbitration nr legal or equitable proceedings, which shall be stayed pending mediation for a period of C>o days Crum the dale of Kling, unless stayed far a longer period by agreement of the parties or court ot'der. 1.3.4.3 'The patties shall share the mediator's fee and any filing fees equally, The utediatinn shall be held in the place where the Project is lucakd, unless' auulher location is mutually agreed upon. Agreements reached in mediation shall he enforceable as selllentent agreements in any court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 Auy claim, dispute nr other matter in yuestiou arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the patties shall e.ndeavnr In resolve disputes by mediation in accordance with Paragraph t.3.4, ¢7 951, 1953, 1958, 1961, 1963, 196E, 1967, 19r 9 y e Amercan Insrinde nF Archdecrs. Reproduction of the material herein or substantial quotalian ^f its provisions without written permission of }he AIA violates the copyright laws of the United States and will subject the Violator to legal prosecution. WARNING: Unlicensed phomcapyiny violates U.S. copyright laws and will sub[ect the vtnlator to le};al prosecution. this document was electronically produced with permission of the AIA and can be reproduced in accordance with your Ilrense without violation until the date of expiration as noted below, expiration as noted below. User Document: 976141,aia -- 5/228003. AIA License Nwnber 1017145, which expires on 9/308003 This document has important legal consequences. Consulfafion with an attorney is encouraged wifh respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AfA DOCUMENT MAY BE MADE BY USING AIADOCUMfNT D401. ~~ .~,; i+iMr ti ~~ m 7997 ALAN) AIA UOCU MENT 8141 - 1997 STANDAR^ FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, O.C. 2000G-5292 ~G1 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless dte parties mutually agree otherwise, shall be in accordance with the Cotutruction Industry Arbitration Rules of the American Arhitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arhitration Association. 1.3.5.3 A demand for arbitration shall be made within a reasatable lime after the claim, dispute nr other matter in question has arisen. In no event shall the demand fur arbitration be made after the date when institution uF legal or equitable proceedings based on such claim, dispute or other matter in question would he barred by the applicable statute of limitations. 1.3.5.4 Nn arbitration arising nut of nr relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person nr entity shall nnl constitute consent to arbitratiurl of any claim, dispute or other matter in qucstiat not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person ur entity duly cottsenled to by parties to this Agreeatem shall be specifically euforccable in aaordauce. with applicable law in any mutt having jurisdiction thereof. 1.3.5.5 'the award rendered by the arbitrator or arbitrators shall be Gnul, and judguteul tray be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 1.3.6 CLAIMS FQR CONSEgUENTIAL DAMAGES The Architect and the Ow~ter waive consequential dosages for claims, disputes or other starters in question arising out of nr relating to this Agreement 'this mutual waiver is applicable, without limitation, lu all consequential damages Sue lu either patty's termination in accordance with Paragraph t.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 'this Agreement shall he governed by the law uC the principal place of business of the Architect, unless otherwise provided in Paragraph r.q.z. 1.3.7.2 'berms in this Agrectnent shall have the same utcauiug as those. in the editiml of AIA Document Azm, General Conditions of the Contract fur CunslnrcLiun, cutteDl as of the dale of ibis Agrecnteut. 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall he deemed to have accrued and the applicable s'LaluLeS of litnilatious shall commence to run not later than either the. dale of Substantial Completion For acts nr failures to act occurring prior to Substantial Completion or the date of issuance oC the final Cetlificale for Payment for acts of failures In ad occurring after Substantial Completion. In no event shall such statutes of limitations' commence to tun any later than We date when the Architect's services are substantially completed. 1.3.7.4 To Ate extent damages are covered by property insurance during construction, the Owner and the Archilecl waive all rights against each other and against the contractors, consultants, agents and employees of the other (or damages', except such rights as they may have Lu lire proceeds of such itsurance as' set fottlr iu tlu: edition of AIA Document Aznl, General Conditions of the Contract for Canslrudinn, current as of the date of this Agrceutenl. 'the Owner ur the Architect, as appropriate, shall require of the contractors, consultants, agents and e.nlplnyees of any of them similar waivers in favor of the other parties enumeralal herein. vJ 1917, 1926. 1948, 1951. 1953, 1958, 1961, 1963. 966, 1967, 1970, 974, 977, 1987, ~ 1997 y e nrericarl Institute of Architects. Reproduction ^f the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the united states and will subject the viulamr m legal prosecution. WARNING. Unlicensed photocopying violates U.S, copyright laws and will subject the violator tv legal prosecution. This document was electronically produced with permission of the . AIA and can be reproduced in accordance with your License without vrvlativn until the date of expiration as noted below expiration as noted below. User Document 47b141.aia -- 5/22/2003. AIA Limnse Number lot/145, which expires on 9/30/2003. This document has important legal consequences. Consultation with art attorney is errrouraged wrth respect to its completion or modification. AUTNEMTICATION OF THIS ELECTRONICALLY ORAETEO A!A OQGUMENY MAy 8E MADf BY US'1NG NA LH)CUMENT D401. rrrW ~~ '+-rIIM++r' ai 1997 AIAn~ AIA DaCUM ENT 6141 - 1997 6TANDARP FORM A~REEMEN7 The American Institute of Architects 1735 New York Avenue N.W. Washing}vn, D.C. 2IXX76-5791 9Lc~ 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in Favor of a third party against either the Owner or Architect. . 1.3.7.6 llnless otherwise provided in this Agreement, the Atdhilecl and Arcriled~s cmtsultutts shall have no responsibility for qte discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to utake such representations. However, the Architect's materials shall nut include the Owner's confidential This document has important legal or proprietary infottnaliat if the Owner has previously advised the Architect in writing of the consequences. Consultation with an stecific infnnnation considered h the Owner to he confidential of rxo riela The Owner attorney is encouraged with respen to I Y 1 P rY' its mmpletiar or modification. shill provide ptufessiotlal credit Fur Lhe Atchiledl ill the Owners promotional materials Cor the AUTHENTICATION OF iH15 Project.. ELECTRONICALLY OFAF7ED AlA DOCUMENT MAY 8E MADE BY US1NG 1.3.7.8 IF the Owner requests the Architect to execute certifcates, the proposed language of ,vA000UMENTD4o! such certificates shall he submitted to Lhe Arclriledl fox review al least lq days prior to the requested dates of execution. The Architect shall not he required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other patty l0 this Agreement and to the partners', successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner oar the Atthilecl shall assign this Agreement without the wrillnt consent of the other, except that the Owner may assign this Agrmutcnl to an institutional lender providing financing for Lhe Prujccl. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. 'fhe Arclritcct shall execute. all consents reasonably required to facilitate such assigmueul. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the Owner fails to make paytnetlls' to the. Architect in accordance with ibis Agreement, such failure shall he considered subslautial nonperformance and cause fur termination or, al the Architect's option, cause fat' suspension of performance of services under this Agreement, it the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written nolide to the Owner- In the event of a suspension of services, Ire Architect shall have nn liability to the Uwner for delay of damage caused the Owner because of sudt suspension of services. Before t'esuminF services, the Architect shall be paid all sums due. prior to suspension and anv expenses inducted in the interruption and =~" resumption of Lhe Anirilec['s setvides. The. Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.2 If the Project is suspended by the Owner fur tnoxe than 3o consecutive days, lire ~~ j~ Ardrilecl shall he compensated frn~ services performed prior to notice of such suspension. ~~ When the Project is tcsunted, the Architect shall he compensated fur expenses incurred in the interruption and resumption of the Architec['s services. The Architect's fees fur the remaining ro 1997 AIAU+ services and the lime schedules stall be. equitably adjusted. AIA DOCUMENT slat - 1911 STANDARD FORM AGREEMENT 1.3.8.3 if the Project is suspended nr the Ardriled['s' services are suspended far more than 9o The American Institute of Architects consecutive days, the Architect may terminate this Agteetneul by giving not less than seven 1735 New York Avenve N.W. days' wrilleil tlolidc. Washington, D.C. 20006-5297 ~ 9 6, 1948, 1951, 1953, 1958, 1961, 1963, 1956, 9 977, 1987, O 1997 y re Arner icon Instdute of Architects. Reproduction of the material herein or suhsrardial quotation of its provisions wi}hoof written permission of the AIA violates the copyright laws of the United States and will suhjeu the violator to legal prosecution. WARNING; Unlicensed photocopying violates U.S. cnpyr fight laws and will . subject the violator to legal prosecution. This document was electronically produmd with permiss~an of the AIA and can he reprndured In accordance with yaw' license without violation until the date of expiration as noted below. expiration as noted below. User Darument: 77h141.aia -~ SR2R003. AIA License Nunil)Cr 1017145, which expires on 9/30/2W3. q~~~ 1.3.8.4 This Agreement may he terminated by either party upon not less than seven days'' written notice should the other party fail subslaulially to pertot'm in aexordanee with the terms of this Agreement through no fauh of the party initialing the lerrninatiutt. • 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's cmrvenience and without cause. 1.3.8.6 in the event of termination uol the Fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses rhea due and all Tertuinalion Expenses as defined Tat Subparagraph t.3.8.y. 1.3.8.7 Termination Expenses ace in addition to cotnpeusaliou for the xervices of the This document has important legal Agteetrm•ul and include expenses directly allributable to termination fat which the Architect is consequences. Consultation with an not otherwise compensated, plus an amount fur the Architect's anticipated profit nn the value attorney is encouraged with respect to of the services not perfurnled by the Atchih:d• its rarnplerion or rrrodification. AUTHENTICATION OF TNIS 1.3.9 PAYMENTS TO THE ARCHITECT fLEC7RONICALLY DRAFTED NA 1.3.9.1 Paylllenl5 an account of services rendered and fur RC11t1bUt'Sable. Expenses incurred DOCUMENT MAY BE MADE BY USfNG shall be made monthly upon presentation of the Architect's stalernenL of services. No AIA DOCUMENT D401. deductions shalt be. made from the Architect's compensation on account of penalty, liquidated darrtages nr other sums withheld from payments' to contractors, nr on account of the cost of changes in Lhe Wurk ulhet Lhan those foe which the Architect has been adjudged to be liable. 1.3.9.2 Reimbursable Expenses are in addition lu compensation for the Arctitect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportatirnt itt crnmectinn with the Project, authorized out of-town travel and subsistcucc, and cletu'onic cnmmunicatiotls; 2 fees paid for securing approval of authorities having jurisdiction over the Project; 3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime. work requiring higher than regular tales it authorized in advance by the Owner; .5 renderings, models and murk-ups requested by the Chvner; .6 expense of profcssioual liability insurance dedirulcd exclusively to this Project nr the expense of additional insurance coverage ur limits requested by the Owner in excess of that normally carried by the Architect and the ArchitecCs cunsuhauls; 7 reimbursable expenses as designated in Paragraph r.5 5 .8 other similar direct Project related expenditures. ~~ 1.3.9.3 Records nF Reimbursable 1'.xpenses, of expenses pertainin}, to a Change in 5er•ices, and of services performed on the. basis o(hnurly rules ur a tuuhiple. of I)ired Personnel lixpeusc .` shall be available to the Owner or the Owner's authorized representative al mutually convenient tllilt'S. t•~~ ~ 1.3.9.4 Direct Personnel 1?xpense is defined as the direct salaries uC the Archilecl's personnel ~ 1997 A~AaI engaged on the Project and the purliotl nF the text of their mandatory and cugtnmary AIA DOCUMENT 8141 - 1997 contributions and benefits related thereto, such as employment taxes and ul11eC Statutory STANDARD FORM AGREEMENT cntploycc benefits, insurance, sick leave, holidays, vacations, etnplnyee retirement plans and Sirllilar C.nitltibUhons. The American Institute of Architects 1735 New vork Avenue N.W. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER 5PECIAL TERMS AND CONDITION5 Washington, D.C. 20006-5797 1.4.1 Gnurnerufiun of f'ar[s of the ggreenoent. 1•his Agreement represents the entire and inlegraled agreement between lltc Owner and the Arrhilal and supersedes all prior r9 19 6, . h , . S 61, 1963, 1955, 961, 91f , 87, O 1997 y T e American Institute of Architects Reproduction of the material herein or substantial qunfation of its provisions without written permission of the AIA violates the rnpyr fight laws of the United States and will subject the violator to legal prosecution. WARNING: unlicensed photocopying vivlares us. copyright laws and will subject the violaor to le8al prosecution. This document was electronically produced with permission of the AIA and can 6e reproduced in accordance with your license without violation until the date of expiration as noted below. expir altos as noted below. User Dpaiment: 9/6141.aia -- SR2R003. AIA License Nurn bee 1017145, which expires vn 9/30/7003. q~G~ negotiations, representations or agreements, either written ur oral. This Agrcenlenl tray be amended only by written instrument signed by both Owner and Architect- This Agreement comprises the documents listed below. • 1.4.1.1 Standard Form of Agreement ISrtwren Owner and Architect, AIA Document Rt4t- 1997. 1.4.1.2 Standard boon of Architect's Services: Design and Cmttract Administratiuu, AIA Document Rt4t-t9y7, nr as follows: (lis't u[hrr Jcrumrnfs, flurry, dr/ille.9ting Ate'hi(e'[!:r s'n!x• nl.rervicee ) None 1.4.1-3 Other documents as follows: (List ofhef dac'tr11re'llfs, if.9ny, /nnninglJ.9rf n(thc Agrcrmcnf.) Outline nronosal for Professional Scrvice~~1[CQ fjpril 21.2003 attached as Exhibit A'. 1.4.2 Special Terms and Cundilions. Special terms and conditions that modify Lhis Agreement are as follows: ARTICLE 1.5 COMPENSATIQN 1.5.1 Pox the Architect's services as described under Article 1.4, compensation shall 6e canpuled as follows: H"/n Uf the total construction ars'LS a~(lgfiped in this R~reement including xnv Construction Man~ement fees. expenses and work. 1.5.2 If the services of the Architect are. changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be adjusted. Suds adjuslluent shall lx calculated as described below ur, iC uu method of adjustment is indicated in this Paragraph t.5.z, in an equitable manner. (hrsc•rt hard' ulcurrg~rnsa[iuu, ilklirdil{g roles and nlrrltiplcr n(Ulava PcnnnuclLxprnsr lot Princiya(s and enlplo)'ng unJ ideuli(' Pnisip:rG' acrd [/.9,rsi/)'rngr/?r'.'ec, iFmprinrl. !Je•n[i(y ayee'i/ie' arrvic ea' fn whri'h p,t1'ficlrlsr methndr n( cnmprnr:vrial apply'.) Princi .itlz ~ 180/HouC Senior A554ciates $ 126/Hour Asuruiate _ $ 110/Hour Architcc•t Ur L<tn(1SSARe.Architect $ lf)(S/Hour Architect Urtif18p~1'S41L $ 9f1/Hour bttcrinr Uc;jgrL~T„„,,.. $ I(1f1/Hour Intcrinr ll~,5igtt~f Intern $ 9U/Hour Nirtc_HOurlx..rntES.n~av cha1lL~e at the start of each calegdar.xdaf., 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of eLt~ ROjnL one five (1.15) limes the amounts billed to the AxchiteG fur such services. 1.5.4 Poe Reimbursable 1xpenses as described ill Subparagraph t.;.y.z, and any other items included in Paragraph t.5.g as Reimbursable Expenses, the compensation shall he computed as a nmhiple of s+[t~yoint one five ( 1.15 j times the expens'es' incurred by the Architect, and the Architect's employers and cuusultatlls. 1.5.5 Other Rrirnbursable Expenses, if any, are as follows: all lxleriur I3uildittp Ttenderines Cr 1917. 1926, 1948, 1951, 1953, N5 9 r , 9 7, 1970, 1974, 1977, 1987, ~ 99 y e mencan Instdute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the Vnited States and will subject the violator to legal prosecution. WARNING: Unlicensed photocvpyiny, violates U.9. copyright laws and will subject the violator to legal prosecution. ibis dnunnem was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below, Vser Dnnrment: 97h141.aia -- SR2R003. AIA License Number 1017145, which expnes on 9l3UROU3. IU This document has important legal consequences. Consultation with are attorney is errcvwa~ed with respect to its canpletion or modification. AUTHENTICATION OF THIS ELECTRONICAL(Y PRAFiED AIA ODCUMENT MAY BE MADE BY USING AfA DOCUMENT D401, ~^ ~~ twt m 1997 AIAN) AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New Ynrk Avenue N.W. Washington, D.C. 200D6-5292 q ~~~ 1.5.6 The rates and multiples far services of the Architect and the Architect's consultants as set forth in this' Agmemeul shall be adjusted in accordance with their normal salary review practices. . 1.5.7 An initial payment of Uollats (S NNone) shall be tirade ttpotT execution elf this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall he made monthly, and where applicable, shall he in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due end payable i111ISX (~) days from the date n( the Architects invoice. Alnnunts unpaid ~jf(y (~Q) days after the invoice dale shall bear interest al the rate entered below, or itl the absence thereof at the legal rate prevailing from time to time al the principal place of business of the ArchilecL. (/usrn re(r Uliu(rres( agreed upon.) 12°/r per annum (llrun' /eves end m/uirrrnrnh• ul/drr (he Fe'dc'ra! 7}'bfh in Lending Act, .eim}/•.~r.nsle sod /xs/ cnne'ururr cavlif hrwa' ;md other rrgbleLUUS a( (/le Owllsr:e and An:hirect's principal p/sees' of lw:'incse', !hr !ue-sliuu o! (he Plajcsrl end e/SPWhele nltl)' df7cti(!he vvl/ilily nl lhrs pm vrs'inn..Spcx'ihc lc~; d/ ddviLr ,f/could (x• UG(:IillPd WI(h IY57xr! 1n do%•linns nr mrxyiFr..xnbnc, sod s/cn regsn'lin(; rcr/uirrruen[s aueG as svri(le'n disr'la~ur~s nr w,9iw<'re) 1.5.9 If the services covered by this Agreement have not been completed within twelve (12 )months of the dale hereof, through nn fault of the Architect, extension of Ihe. Architect's .cervices beyond that time shall be almpensa LCd as provided in Paragraph LS. z. Tlris Agreement entered into as of the day and year first written above. City of IIulclrinsun Tnshie- umcr Ke Associates inc. OWNER (.STgnsturc) . (!'rioted w R C ~~ Gar 'ush esident (/'rilr(eYi Hanle and title) c] 1917, 1926. 1948, 195 , NS . h 1970, 1974, 1977, 1987, ~ 1997 y re mencan Institute of Architects. Reproduction of the material herein at substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was eleuronically produced with permission of the AIA and can he reproduced in accordance with your license without vrvlativn un}il the date of expiration as noted below. expiration as noted below. Vser Dnr urnent: 91b141.aia -- SR2J2003. AIA License Number 1017145, which expires nn 9/3o/20D3. This document has important legal consequences. Cvnsuhativn wrth an attorney is encouraged with respect to its [ompletion or modifica(lon. AUTHENTICATION OF TH15 ELECTftONICALLy DRAETED A!A DOCUMENT MAY BE MADE BY US1NG AIA QOCUMENT 0407. ~ i`*1 i • 4~u trj. 1997 AIAOy AIA DDCUMENT 6141 - 1997 STANDARD FORM AGREEMCNT The American Institute of Architects 1735 New Vork Avenue N.W. Washington, D.C. 20006-529Y q cG~ 1997 Edition -Electronic Format C, Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 21 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES . 2.9 MODIFICATIONS AIA Document 8141 - 1997 ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES 2.1.1 't'he Architect shall manage the Atchilee:Cs services and administer the Project. 7~he Architect shall cunsuh wiLlr lire Owner, research applicable design criteria, attend Pmjecl meetings, cnllltllunicate with members of the Project team and issue progress reports. The Architect shall cuutdiuale Lhu services provided by the Architect acid the Architect's nmsultants with Ihnse services provided by the Owner and the Owner's ulnsuhanls. 2.1.2 When 1'rnject requirements have been sufficiently ideulilied, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates fur decisions required of the Owner, design services furnished by the Architect, cumpklion of documentation provided by Lhe Architect, culntnenceurenl of construction and Substantial Completion oFtlle Wark. 2.1.3 't'he Arclrilecl shall e:ousidet the value of ahernaUve materials, building systems and equipuicul, together with other mnsideratinps based ml program, budget and aesthetics in developing the design fur the Prujecl. 2.1.4 Upon request of the Owner, the Architect shall make a presenlatiuu to explain the design of the Project to representatives of the Owner, m 1, 1953. 1958. 1961. 966. 1967, 1970, 1974, 1977, 1987, ~ 1997 y le mencan Institute of Architects. Reproduction v( the material herein or substantial quotation of its provaions without written permission of the AIA violates the copyright laws of the United States and will subjeu the violator to legal prosecution. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced wlth perrnissivn of the AIA and can he reproduced in accordance with your license without violation until the date of expnation as noted below, expiratwn as noted below, LISer Dvnrtnent: 9Th I4 Laia -- S/22/2003. AIA License Number tU1114s, which expires on 9/30/2003. 12 This document has important legal mnsegpa/KPr. Confirttalion wills an attorney is encouragnJ with respect to its completion oY modilicarion. AUTHENTICATION OE THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY 8E MADE BY USING AIA DOCUMENT D401. ~r ~+vriw cr) 1997 AIA() AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, D.C. 2ciD06-5292 ~ CGS 2.1.5 The Architect shall submit design docuuteuts to the Owner at intervals appropriate to the design process Cur purposes n(evaluatiun and approval by the Owtter. The Architect shall he entitled to rely nn approvals received from the Owner in the further development of the . design. 2.1.6 The Architect shall assist the Owner in connectintr with the Owner's responsibility Cot tiling documents requited For the approval of governmental authorities having jurisdiction over the Project. 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK 2.1.7.1 Wheu dte Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost n! the Work. This esLiutale tray be based nn current area, volume or similar couceputal cslintating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine We preliminary estimate of the. Cost of the Wmk. The Architect shall advise the Owner of any adjustments to previous estimates o(lhe Cust of the Work indicated by changes in Project requirements or general market conditirnts. 11 at any time the Architect's estimate of the Oust of the Work exceeds the Owner's hudgel, the Axchilecl shall make appropriate xeconuneudatious to the Owner to adjust the Project's size, quality or hudgel, and the Owner shall cooperate with the Architect in making such adjustments. 2.1.7.2 Evaluations of the Owner's budget For the Project, the preliminary estimate. of the Cult u( the Wurk and updated estimates of the Cost of the Wm~k prepared by the Architect represent Ihe. Architect's judgment as a design professional familiar with the. construction industry. Il is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipnteul, over the Contractor's metlruds of determining hid prices, or over competitive bidding, market ur negotiating conditions. Accordingly, the Architect cauuut and does not warrant or represent that bids nr negotiated prices will not vary from the Owner's hudgel far the Project or from any e5litnale of the Cost of the Wnrk or evaluation prepared or agreed to by the Architect. 2.1.7.3 In preparing estimates of the Cusl of the Work, the Architect shall be pennilled lu . include contingencies for design, biddin[; and price escalation; to determine what materials, equipment, component systems and types of couslt'ucliott are In he included in Lhe Contract Documents; to make. reasonable adjusttents in the scope u(Ure Project and to include in the Contract documents alternate bids as may be ucccssat}' in adjust the estimated Cusl of the Work to meet the Owner's budget for the Cost of the Wurk. if an increase in the Contract Sum occurring after execution of llre Cunltacl between the Owner and the (:onlraclot causes' Ilu: hudgel for the Cnst of the Wnrk to be exceeded, that budget shall be increased accordingly. 2.1.7.4 If bidding or negotiation has not commenced within 9o days after the Architect Submits the Construction llucutnenLS lu the Owner, the hudl;et far the Cult of the Work shall be adjusted to reflect changes iu the general level of prices in the cunsuudion industry. 2,1.7.5 If the budget for the Cast of the Wark is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of au iunease in the budget for the Cusl of the. Wnrk; 2 aulhutiu rebidding or renegotiating of the Prujecl wilhiu a teasonable time; .3 terminate in accordance with Subparagraph 1.;.8.5; of .4 cooperate iu revising lhr Ytnjecl scope and quality as required lu redu[e the Cnst of the Work, 2.1.7.6 IF the Owner chooses in proceed under Clause z.r.7.5.4, the Architect, without addilioual compensation, shall modify the documents fur which the Architect is responsible under this Agreement as necessary to nnnply wills the budget for the Cast u( the Wurk. The Pa 966, 1967, 1970, 9 s 9 y T e American Institute of Architects. Reproduction of the marerial herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the united states and will subject the violator to legal prosecution WARNING: Unlirensed phvrompying violates U.S, copynghr laws and will subject the violaor to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in arrordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Documenr 97b141.a is -- 51118003. AIA Limnse Number 1017145, which expires on 9/30/70D3. l; This document has important legal consequences. Consultation with an attorney is encouraged with respell to its completion yr modilication. AUTHENTlCATIDN DF TFilS ECECTftONICALLY DRAFTED AIA DOCUMENT MAy BE MADE BY USING AIA DOCUMENT D401. ~~ r+~"u. (c71997 AIA® AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue N.W. Washington, p,C. 70006-5791 q~~~ modification u(such documents shill be the limit of the Architect's responsibility under this Paragraph z.r.7. The Architect shall he entitled to compensation in accordance with ibis Agreement Cor all services performed whether of nut cut]stxuclion is commenced. ARTICLE 2.Z SUPPORTING SERVICES Z.Z.1 lluless spucifically desigualed iu Paragraph z.8,3, the services in this Article z.x shall he provided by the Owner or the Owner's consuhauls' and contractors. 2.2.1.1 'fire Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. 2.2.1.2 The Ow•uet shall furnish surveys to describe physical characteristics, legal limitations and utility lucatiuns fur the site of the Project, and a written legal description of the site. 't'he swveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining properly and structures; adjacent drainage; rights-of-way, restrictions, easements, encroadmrents, zoning, deed restrictions, boundaries xnd contours of the site; locations, dilnensinns and necessary data with respect to existing buildings, other improvements and trees; and iufornralion catcet'uing available utility services and lines, both public and private, above and below grade, including inverts and depths'. All the information on the survey shall be referenced to a Project benchmark. 2.2.1.3 The Owner shall furnish services of geulechnical engineers which clay include but art not limited to lest borings, test pits, determinations of soil beating values, percolaliou tests, evalualious uC hazardous materials, ground corrnsim] tests and resistivity tests, including necessary operations (or anticipating subsoil conditions, with reparts and appropriate CCCOn1111C1]da lr0[15. ARTICLE 1.3 EVALUATION AND PLANNING SERVICES 2.3.1 The rltchilecl shall provide. a preliminary evaluation of the information furnished by the Owner under this Agreement, including the. Owner's program and schedule requirements . and budget Cur the Cull of the Work, each in lernts oC the nlher.'1'he Architect shall review such iufonualia] to a5ecilai[1 that it is consistent with the requirements of the Project and shall notify the Owner of any other infurmaliun of consultant services that may he reasonably needed Fnr the Project. 2.3.2 'the Ardrited shall provide a ptulimiuary evaluation of the Owner's site far the Project based un the information provided by the Owner of site conditions, and the Owner s program, schedule and budget Cor rile Cost of the Wnrk. 2.3.3 The Architect shall review the Owner's proposed method of contracting for Cousttu[Liou services and shall notify the Owner of anticipated impacts that such method Wray have olt rile Owucr's program, linancial old lime requirements, xnd the scope of rile Project. ARTICLE 2.4 DESIGN SERVICES 2.4.1 The Ard?ilecCs design services shall iucludv normal structural, nx'chanical and electrical engineering services. 2.4.2 SCHEMATIC DESIGN DOCUMENTS 2.4.2.1 ~'he Architect shall provide Schernalie C)esign Documents based nn the mutually a};reed~upon prnt;ram, schedule, and budget fur lire Cosl of the Wark. The documents shall establish the eoneeplual design of the Project illustrating the scale and relaliouship of the Project components. The Schematic llesigu Dawueuts shall include. a conceptual site plan, if appruptialq and preliminary building plans, sections and elevations. AL the ArchilecCs option, the Schematic Design Uocumenls may include study models, perspective sketches, electronic aJ 7917, 1926. 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, `i y e mertcan Institute of architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United Stales and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S, copyright laws and will . subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can he reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below, User Poarment: 976141.aia -- 5/22/2003. AIA License Number IU 17145, which expires ern 9/10/2003. 14 71vs document has important Iegaf consequences. Consultation with an attorney is encvura~red wish respeu 10 its completion or modification. AUTHENTICATION OF THIS ELEC7ftONICALLY PRAFTEO AIA OUCUMENT MAY eE MAPE BY U51 NG AIA PUCUMfNr 0401. ~~ i'+~i i rrrrLr f~ 1997 AIAW AIA DOCUMENT 8141 - 1997 STANDARD FORM AGREEMENT The American Insti}ufe of Arrhder is 7735 New York Avenue N.W. Washington, P,C. 20006-5192 q Cc~ modeling nr cnmhinalions of these media. Preliminary selections of major building systems and construction materials shall In noted on the drawings ur described in writing. • 2.4.3 DESIGN DEVELOPMENT DOCUMENTS 2.4.3.1 'The Architect shall provide Design Development Documents based on the approved Schematic llesign Docwnents crud updated budget fur the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Prujecl by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specificalinns that identify major materials and systems and establish in general their yuality levels. Z.4.4 CONSTRUCTION DOCUMENTS 2.4.4.1 '1'hr Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget fur llre Cost oC the Work. The (.UI15tCUC11011 Documents shall set forth in detail the requirements far construction of the Project. The Construction Documents shall include Drawings and Specifications that establish itt detail the duality levels of materials xnd systems requited for Lhe Project. 2.4.4.2 During the development of the Cunslructiuu Documents, Lhe Atchitecl shall assist the Ow~ter in the development and preparation uf: (1) bidding and procurement infurmatiou which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (z) the Conditions of the Contract far Construction (General, Supplementary crud other Cauiitions). The. Architect also shall compile the. Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding taluireulents and sample furnts. ARTICLE Z.5 CONSTRUCTION PROCUREMENT SERVICES 2.5.1 'the Architect shall assist Lhe Owtter in obtaining either competitive bids or negotiated proposals crud shall assist the Owner in awarding and preparing contracts fur cutlstruclion. or Construction MnnaL;gll.~nL.P1•ouos~als. 2.5.2 The Architect shall assist the Owner in establishing a list of pmspectivr bidders' or uunlra[lurs. 2.5.3 The Architect shall assist the Owner in bid validaliun ur proposal evaluation and determination of the successful bid or proposal, if any. if requested b}' the Owner, tlrc Architect shall notify all prospective. bidders or contractors nl the hid or proposal results. 2.5.4 COMPETITIVE BIDDING 2.5.4.1 ISidding Uucutueuts shall consist of bidding requirements, proposed contract foetus, General Conditions and Supplementary Conditions, Specifications and Drawings. 2.5.4.2 I f requested by the Uwncr, the Architect shall arrange for procuring the reproduction of Ridding Documents for distribution lu pruspectivc bidders. The Owner shall pay directly for the cost of reproduction or shall reitrthmse the Architect for such expenses. 2.5.4.3 if requested by the Owner, the Architect shall distribute the (lidding Documents lu prospective bidders crud request their return upon completion of the bidding process. The Architect shall maintain a lug of dislribulimt crud retrieval, crud the amounts of deposits, it any, received From and returned to prospective bidders. 2.5.4.4 The Architect shall consider requests fur substitutions, if perntilted by the Ridding Docutnenls, and shall prepare and distribute addenda idenlifyiug approved subsiilulions to all pruspectivc bidders. ¢J 19 a, 195 , 95 , 1974, 7977. 19FS7, ®1997 y T e Amencan Institute of Architects. Reproduction of the material herein or substamial quotatiml of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will . subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accnr dance with yow~ license without violation until The date of expiration as noted below. expiration as noted below. User Document: 97b141.a1a -- 5l77/7W3. AIA License Number 1U17145, which expires vri 9l3U/20U3. 15 This document has important legal consequences. Consultation with an atPorney is errcvuraged with respect w its completion or modificafian. AUTHENTICATION OF THIS ELECTRONICALLY OftAf TED AIA DOCUMENT MAY 6E MADE BY US1NC AIA DOCUMENT D4U1. ~-~ s+~'~ art C~j 1997 AIAI!d AIA DOCUMENT 6741 - 1997 STANDARD FORM AGREEMENT The American Ins}I}ufe of Archdecrs 1735 New York Avenue N.W. Washington, p,C, 2000fi-~+797 ~/~~~ 2.5.4.5 'the Architect shall participate in or, al the Owners direction, shall organize and conduct apre-bid conference For prospective bidders. • 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Ridding Documents to all prospective bidders in the form of addenda. 2.5.4.7 The Architect shall participate in or, at the Owner's directiat, shalt organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the kidding results, as directed by the Owner. 2.5.5 NEGOTIATED PROPOSALS 2.5.5.7 n_.._..:_r~r ,,...__..;•,k::-:huA _~_~,.,n,r:-.,r...r.._._......i _......:_ ................,..,.~„a~r>iilt'ad fm~ans;. 2.5.5.2 I-fsk~ci~iy~he~{he n..r~;,,.,~41a{larraiige-for prncurtlig~e~>N- P~ ~,.._.._.._... {~ .,:..,:.•_...:°- ~ ~,e ;T ~ 4 -shall pay of ~rtt -r~-Q.m-r.n .r_,._. r.. c._ •t_ . _...• ..r _........r....,:.... '° ..t_ .n _..:._r... _. .. n,., n... r,:,,,,., r.,. ~,.~1~eXI~I15e5. 2.5.5.3 If requested4ry~he{~wne~~he-ArehikeEl~hel}~xkunire-tznd~-it3setee{-iun- °'.~.•'°~°s1viN1-Ivroslx~dive coukraclors: 2.5.5.4 The ~rchited shall consider requests-(or-sul•; •'>n,.ati~;:~r~{-prwnikked4iy~he-Pte~sal- r''°"~.l.n-.,.••^^'^ ikLkd-slkall-preliai'caiaddtskribule addelyda idzntifying-ai>t~rrwed....r~:•n..~:......~e~lll_ 2.5.5.5 If-ICgtkesketii by-the Owner, the Architect shah-asst-:t+bel~v~~r~lrx+klg-tkzgeki~ttielks- with-erns .. -sutvmary~the- . ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES 2.6.1 GENERAL ADMINISTRATION 2.6.1.1 The Architect shall provide administration of Lhe Contract between the Owner and the Contractor as set forth below and in the edition of AIA Uucuutcul Azot, General Conditions of the Contract for Construction, current as nl' the dale of this Agreement. Modifications made lu the General Condiliuns, when adopted as part of the C:unlracL Documents, shall he enforceable under this Agreement only to the extent Ihal they are consistent with this Agreetnetn or approved in writing by the Architect. 2.6.11 The Architect's respuusibilily to provide the Contract Administration Services under this Agreement commences with the award of the initial CunLtact tot' Construction and terminates at the issuance Lu the Owner of Lhe final Certificate For Payment. Iloweroer, the Architect shall be entitled to a f.11811g1'. ltl Services in accordance with Paragraph z.8.z when Contract Admitristralinn Services extend Gu days after Lhe duLe of Substantial Completion of the Work. 2.6.1.3 The Architect shall be a representative uC and shall advise and cons'ul1 with the Owner during the provision of the Cunlrtcl AJminisltatiou Services. The Ardtitect shall have authority to ad nn behalf of the Owner only to the extent provided in llris Agreement unless otherwise nrodiFied by written amendment. 2.6.1.4 Duties, responsibilities and limitations uC authority uC the Architect under this Article 2.G shall not be restricted, modified or extended without written agreetucul of the Owner and Architect with consent of the Coulractor, which consent will not he unreasonably withheld. 1 6, 1948, 1951, 953, 95R, 9G , 9E;, 96 ., tt7, ©1997 y T ? Arnencan institute of Architects. Reproduction of The material herein or substantial yuvtaliun of its provisions without written permission of the AIA violates the copyright laws of The United States and will subjeu the violator to legal prosecution WARNING: lln4censed photocopying violates U.S. copyright laws and wlll subject the violator to legal prosecution. This document was elecrrvnically produced with permission of the • AIA and can be reproduced In accordance with your license without violation until the date nF expii alion as nv}ed below. expiration as noted below. User Document 97b141.aia -- SR ZIIW3. AIA License Number 1017145, which expires vn 9/;0/1(103. 75 this dxument has rmpor rant legal curuequences. Coruuhation with an anorney is encouraged with respect to its completion or modification. AUTHENTICATION OF INlS fCECiRONICALLY DRAFTED A!A DOCUMENT MAY 8E MADE BY VSING AIADOCUMENT 040]. `a +YMti i ~~ © 1997 AIA© AIA DOCUMCNT 6147 - 1997 SIANOARD FORM AGREEMENT The American Inshture of Architects 1735 New York Avenue N.W. Washing}vn, D.C. ZpDg6-5792 qc~~ Z.fi.1.5 The Architect shall review properly prepared, timely requests by the (:nntractnr far additional infurtnatiun about the Contract llucumeuts. A properly prepared request for . additional infnrntalion about the Contract Documents shall he in a form prepared or approved by the Atc'hitect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of darificatiou and the nature of the clarification requested. 2.6.1.6 If deemed appropriate by the Architect, the Architect shall ou the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for htforntalion by the Contractor. 2.6.1.7 The Architect shall interpret and decide matters cuneerniug performance of t17e Owner and Contractor under, and requirements of, the Contract Docwnents on wrillen ' ' Thrsdvcumenrhasimpvrtanrlegal evruequerxes. Coruufrarion with an he Architec Cs response to such requests shall he reyuesl of either the Owner nr Cnnlractnr. t attorney is encouraged with respect to made. ht writing within any lime limits agreed upon or otherwise with reasonable ptumpmess• its completion or modification. AUTNENxICA1fON PF PHIS 2.6.1.8 htterpxelalinlts and decisions of the Architect shall be CunSislettl with the intent nl• ELECTRONICALLY DRAFTED AIA and reasonably tllfera blC fl'ont the Cotth'ara Documents and shall he in Wtiling VC itl lI1C fOrllt ol~ DOCUMENT MAY 8E MADE fiY USING drawings. When making such ilaterpretalinns and initial decisions, llle Architect Shall endeavor AlAOgCUMENT 0401. to secure faithful performance by bath Owner and C:onlraclor, shall not show partiality lu either, and shall nut be liable Fur the resuhs of iulerpretatinns or decisions so renderui in good fault. 2,6.1.9 The Architect shall render initial decisions un claims, disputes or Miter matters in question between the Owner and Contractor as provided in the Cuutract Documents. Iluwever, the Architect's decisions un matters relating to aesthetic effect shall be finsl if consistent with the intent expressed in the Contract Ducurnents. 2.6.2 EVALUATIONS OF THE WORK 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner . and the lu~cbitect in Article z.8, (t) in become generally familiar with and to keep the Owner informed about the progress and duality of the portion of the Work completed, (2) to endeavor to guard the Owner xgaitml defects and deficiencies in the Work, and (}) lu determine. in general if the Work is being performed in a manner indicating that the Work, when fully completed, will he in accordance with the Cuntracl Doanueuls. However, the Architect shall not be required to stake. exhaustive or continuous nn site inspeetiuus to check the quality or quantity oC the Work. 't'he Architect shall neither have crnttrnl aver ur charge of, nor be respmtsihle for, the cnnstrudion means, methods, leclmiques, sequences nr procedures, ur fur safety precautions and programs in connection with the Wurk, since these are solely the Contractor's rights and responsibilities under lire Cunlract Documents. ~ 2.6.2.2 'the Architect shall report lu the Owner known deviations (tom lbe Cuntracl Documents and tram the most recent construction schedule. submitted by the Contractor. ~, _ Iluwever, the Architect shall uul be responsible for the Contractor's failure to perform Ilte • • `a wM'~ti Work in accordance with the requirements of the Cuntracl Uocunteuts. The Architect shall he ~ responsible for the Architect's negligent acts ur omissions, but shall not have control over of chatgu of and shall not be 1Y'Spo115ib1e for ar.Ls or omissions u(lhe Cunlraclor, $uhconh odors, c01997 AIA or their agents ar employees, or of any other persons nr entities performing portions of Ilx, /+IA DOCUMENT B141 - 1997 Work STANDARD FARM AGREEMENT The American Institute of Architects 2.6.2.3 The Architect shall al all times have acrecs to the Wnrk wherever it is in preparation nr 1735 New York Avenue N.W, progress. Washington, ^.C. 20006.5292 2.6.2.4 Except as otherwise provided in ibis' Agteeuuatt nr when direct communicaliuns have been specially authorised, the Owner shall endeavor to communicate with the Contractor 9 7917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1986, 196 , 9 9 4, 1977, 1987, ©1997 y T e rnencan Institute of Architects. Reproduction of the mates sal herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U,S. copyright laws and will subjeu the violator to legal prosecution. This document was electronically produced with permission of the AIA and can he reproduced in aanrdance with yvw license without violation until the date of expiration as noted below. expiration as noted below. User Ovcumenr 97h141.aia -- SR2R003. AIA License Number 1017145, which expit'es on 9/9UR009. 17 ~~~~ through the Architect about matters arising out of ur relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. . 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect Considers it necessary or advisable, the Architect will have authority to require inspection nr testing of the Work in accordance with the provisions of the Contract Documents, whether or uol such Work is fabricated, installed nr completed. ][owever, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or respottsibihty of the Architect to the Conlractnr, Suhcontmcturs, material and equipment suppliers, their agents or employees ur other persons or entities pcrformitrg portions of the Work. 2.6.3 CERTIFICATION OE PAYMENTS TO CONTRACTOR 2.6.3.1 'Phe Architect shall review and certify the antowtls due the Oonlxaclor and shall issue Certificates fm' Payment in such amounts. 'the Architect's' Certification for payntenl shall couslilule a repnsenlaliou to the Owner, based nn the Architect's evaluation of the Wurk as provided in Paragraph 1.6.z and on the data comprising the Contractors Application for payment, that the Wurk has progressed to the point indicated and that, In the hest of Lhe Architect's knowledge, information and belief, the quality of the Wurk is in accordance with the Contract Documents. The foregoing representations are subject (t) to an evaluation of the Work for conformance with the (;nntract Documents upon Subslautial Completion, (x) to rusuhs of subseyuenl tests and iuspectiuus, (3) to correction of rrrinnr deviations from the Contract Docunteuls prior to cnmpletimr, and (q) to specific yualificalions' expressed by the Architect. 2.6.3.2 The. issuance of a Ccflitiaue for Payment shall not be a representation that lire Atxhitecl has (t) made exhaustive or continuous nn site inspections to check the quality ur quantity of the Work, (z) reviewed cunslntcliou means, methods, techniques, sequences nr procedures, (3) reviewed copies of requisitions received from Subcoutraeturs and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, nr (4) ascertained how ar far what purpose the Contractor has used money previously paid un account of the Contract Swn. . 2.6.3.3 1'he Architect shall utaiulain a record of the Contractor's Applications for Payment. 2.G-4 SUBMITTALS 2.6.4.1 'Phe Architect shall review and approve ur lake. other appropriate action upon the Conlractnr's submittals such as Shup llrawings, product Dala and Samples, but only for the limited purpose of checking for conformance with infunnaliuu given and the design concept expressed in Lhe Cuulracl Documents. The Architect's action shall 6e taken with such reasonable proutpuuss as to cause no delay in the Wnrk ur in the activities of the Owner, e chitect's rafessianal Cnntradar m~ separate contractors, while allowing sufficient time in th Ar p judgment lu permit adequate review. Review of such submittals is nut conducted fur Lhe purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating iuslruclions' fox installation m' performance of equipment ur svstents, all of which reurain the. responsibility of the Contractor as required by the Contract Documents. The Architect's review shall nnl cunslilule approval of sat%ly pt'ecautions or, unless otherwise spue ifically slated by the. Architect, of any construction means, methods, lechuiqucs, sequences or procedures. The Architect's approval of a sperilic item shall nnl indicate approval of an assembly of whidt the item is a component. 2.6.4.2 The Archilecl shall maittlaiu a record oCsuhmittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. 2.6.4.3 IF professional design services or certificaliuus by a design professional related to systems, materials or equipment are specifically required of the Cunlxactor by the Cotrtracl V) 91 [ S , 3. 1956. 1961, 1963. 1966, 1967, 1970, 19 4, 9 9 y to mencan Institute of Architects Reprnduuion of the material herein or substantial quvtahnn of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates us. copyright laws and will subject the violator to legal prosecuton, This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below expiration as noted below. User Document: 976141.aia -- 5/228003, AIA License Number 1U1714s, which expires on 9/30/2003. Ix This document Eras important legal consequences. Consultation with an attorney is encouraged with reaped to its completion or nndificarion. AUTHENTICATION OF iHlS ELEC7RONlCALLY DfZ9F7E0 AIA DOCUMENT MAY 8E MADE BY USING AIAOOCUMENT 0401. ,~.~; ++ill~* ti ^Iwwr cD 1997 AIAnD AIA DOCUMENT 8147 - 1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 NeW Vmk Avenue N.W. Washington, D.C, 20006-5292 q c~~ Docuaents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related In the Wnrk designed or certified by the design professional retained by the Contradur shall bear such professional's . written approval when submitted In the Archiled. The Architect shall he entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals perforated by such design professionals. Z.6.5 CHANGES IN THE WORK 2.6.5.1 The Archiled shall prepare Change Orders and Cnnstrudion Change Uiredives for the Owner's approval and execution in accordance with Lhe Cunlracl Docwnents. The Architect may authorize minor changes in the Work not involving an adjustment in Cnnlrad Sum or an extension of the Conlract'I'ime which are cunsislenL with the inLenl of the Coalracl Docwnents. If accessary, the Architect shall prepare, reproduce and distribute Drawings and SpeciGcatimas to describe Work to I>e added, deleted ur trrudified, as provided in Paragraph 2.8.2. Z-6.5.Z The Architect shall review properly prepared, timely requests by the Owner of Contractor for changes in the Wnrk, including adjustments to the Contract Sum ur Contract 'Time. A properly prepared request Cut x change iu the Work shall be accompanied by sufficient supporting data and infnnnatioa to peNait the Architect to make a reasonable determination without extensive im-esligatiun or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Wnrk are not materially different from the requirentenls of the Cnnlrad Documents, Lhe Archilrcl tray issue an order for a minor drange in the Wurk or recumntdrd to the Owner that the requested change be denied. 2.6.5.3 If the Archiled determines that implementation of the requested changes would t'esuh iu a material drange to the Contract that may cause an adjus4nent in the Contract 'l'ime or Cnnlrad Sum, the Architect shall make a reconuneadatioa to the. Owner, who may autlrot'ize further investigation of such change. llpnn such authorisation, and based upon information furnished by the Contractor, if any, the Architect shall estimate. the additional cost and time that might result From such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incurporale . those estimates ilttn a Change Order or other appropriate docwudualioa For the Owner's execution nr negotiation with the CutrLtaClor. 2.6.5.4 'the Architect shall maintain records relative to changes in the Wnrk. Z.6.6 PROJECT COMPLETION 2.6.6.1 'the Architect shall cundud inspections to determine the dale. or dales nF Substantial Completion and the dale of final conrplelion, shall receive. ti'nw the Corrlr;utor .and froward lu the Owner, for the Owner's review and records, written warranties and related ducuntenls required by the Contract IJucumenls and assembled by the Coutt'aclor, and shall issue a final Curtificale (ur Paytaeut Liased upon a final inspedinn indicating the Work complies with the requirements of the Contract Documents. 2.6.6.2 The Architect's inspecLiun shall be conducted with the Owners Designated Representative. to check canlitnnance of the Work with Lhe• rryuiretudrls of the Carlrad Documents and Lu verify the accuracy and completeness of the list submitted by the Contradur nF Wm~k to he completed nr curreded. 2.6.6.3 When the Wnrk is found to I>e substantially complete, the Architect shall inform the Owner about (Ire balance of the Cnnlrad Sum remaining to he paid the Contradur, including any amounts needed to pay far final completion ur corredion of the Work. 2.6.6.4 The Architect shall receive tinm the Contractor and forward to the Owner: (r) cous'drl of sut'ely or sureties, if any, to reduction in or partial release of retainage ur the making of final co 1'1 9 . S 966, 1967, 1970, 1974, 1977, 1987, m 1997 y T e Amer~cari Institute of Architects. Reproduction of the material herein or subs}aortal quntalion of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates V.S. copyright laws and will subject the violator to ley;al prosewtivn. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiratlon as Holed below. User Document: 976141.aia -- 5122/2003. AIA License Number 1017145, which expires on 9/308003, 19 This document has important legal consequences. Consultation with an attorney is encouraged with respect to ifs completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY ORAFTEO AIA pOCUMENT MAYBE MAOF AY USING' AIAODCUMENT U401. ~~ ~+~* v~ I c~ 1997 AIAOa AIA ODCUMENT B141 - 1997 STANUARU FORM AGREEMENT The American Institute of Architects 1735 New Vork Avenue. N.W. Washington, D.C. 20006-5292 ~~c~ payment and (z) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner agai77st liens. ARTICLE 2.7 FACILITY OPERATION SERVICES 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. Z-7-Z Upon request of the Owner, and prior lu the expiration of one year from the dale n( Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility uperstiuns sod performance and to make appropriate recommendations to dle Owner. ARTICLE 2.8 SCHEDULE OF SERVICES Z.8.1 Design and Contract Administration Services beyond the following limits shall be. provided by the Architect as a Change in Services in accordance with Paragraph t.}.;: 1 up to wn (2) reviews of each Shnp Drawing, Product Dala ilenl, svuplc. and similar submittal of the Contractor. .Z up to six (¢) visits to the site by the Architect aver the duration uF the project during construction. 3 up lu Lwo (2) inspections Fur auy portion of the Wot'k to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Uacumenls. A up to one (1) inspections far any porliuu of the Work to determine final rnmpletian. 2.8.2 `the Following Design and Contract Administration Services shall be provided by the Architect as a Change itl Services iu accordance with Paragraph 7.}.}: 1 review of s Cunltaclur s submittal out of sequence from the submittal schedule agreed la by the Architect; .Z responses to the Contractor's requests for itlfmtnatio^ where such information is available to the Contradnr fmrn a careful study and Comparison of the Contract llocuments, field conditions, other Owner-provided infonnatinn, Cantractur- prepared coordinaliou drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change lliactives ttquit'ing evaluation nl proposals, including the preparation ur revision of lnstrulnenls of Service; .4 providing consultation concerning replacement of Wurk nsuhiug from lire nr other cause during construction; 5 evaluation of atl extensive number of claims submitted by the Owner's wnsultants, the Contractor or others in connection with the Work; 6 evaluation o(substitutinns proposed by the OWtll'r~5 lOllsllltantti nr amtraelur5 and making subsequent revisions to Instruments of Service resultiug therefrom; 7 preparation of design and duCUllleulalion for alternate bid nr proposal requests proposed by the Owner, ur 8 Contract Administration Sen'ices provided 6o days after the date of Substantial Completion of the Wnrk. 2.8.3 The Architect shall fln~nish nr provide the fallowing services only iF specilically designated: Services Responsibility Location of Service (Architect, !'lHmernr Nn[!'mvrJed) Description .t Programming Architect and Owner 976, 1948, 1951, SH, 96 , 19 3, 196 96 77, 1987, ©1997 y T e Arnenr an Institute of Architens. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the cvpyri8ht laws v( the United States and will sub[ect the violator to legal prosecution. WARNING: Unlicensed photocopying violates U,S. copyright laws and will . subject the violator to legal prosecution. this document was electronically produced with perm~ssinn of the AIA and can be reproduced in accordance with your license wlthout vinlalion until the date of expiration as noted below. expiration as noted below. User Document. 97b141~aia -- SR 28003. AIA License Number 1017145, which expires vn 9!30/7[x73. 2D This document has important fega! consequences. Consultation with an attorney is encouraged with respect to its completion ar modification. AUTHENTICATION OF TH75 fLfCTRONICALLY DRAFTED NA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40]. ~~ w +rtlr~ ~. ~~ 6~ 1997 AIAO AIA DOCUMENT B141 - 1997 STANDARD RORM AGREEMEN7 The American Institute of Architects 7735 New York Avenue N.W. Washington, D.C. 70006-5797 q C~~ .z Land Survey5ctvices Owner .1 Geotechuical Services wn r .q Space Sdremalics/Flow Diagrams Architect • .5 Existing Facilities Surveys Owner .6 Economic Feasibility Studies Owner .7 Site Analysis and Selection Owner .8 Environmental Studies and wn r Reports .9 Owner-Supplied Uata Owner Coordination .to Schedule Development and Architect Monttnrtng This docwnent has important Icgal .u Civil UesiKn wr t'' consequences. Consultation with an rz Landscape Design Architect attorrleyis encouraged with respect to .r; Interior Design Architect its completion or modilicahon. .rq Special Ridding nr Negnllatinn Uwner's Cup$tljtsl[1t AUTHENTICATION OF TWS .15 Value Analysis Nut provided ELECTRONICALLY GRAFTED AIA .r(i Detailed COST Esl iltlallltg llwncr's Cansullanl 60CUMENi MAYBE MADE BY USING .t7 On-Site Project Represeutadon Owner's Consultant AIA 6tlCUMfNT 6901. .r8 Cunelrudion Management Owner's Consultant .ry SlarL-up Assistance QyYner's Consultant zo Record Drawings Not Yr AYId~ zt Post-Contract Evaluation . No[ provided zz Tenant-Related Services Not provided z3 z4 z6 Descripliou of Services. (lnccn dc:ccriplinns n! 1hc• sc•rvicc:c dc:cignaln/.l . ARTICLE 1.9 MODIFICATIONS 2.9.1 Modifications to this Standard I'ornt of Architect's Services: Design and Cunlra[l Administration, iCany, are as follows: 13y its execution, this Standard Form uC elydtilecCs Services: Gesign and CanlracL Administratiwr and modifications hereto axe inrnrpnrated into the Standard Porm nl Aj;reement Between the Owner and Architect, AIA Uocutneltl R1gt-1997, that was entered iota ~+ by the parties as oC the date: City of IIntchiuson Tnshi nmer & Associates Inc ,. OWNER (Sµ;uanvr) mm~ RC ~ © 1997 AIAtTo aC Tlrsl resident AIA DOCUMENT 8141 - 1997 (Prin(erl u:nnr.rn(l(!%rl ~•~ ••• (Prin/~r1 n.+mc.~nd mlc) STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Averure N.w. Washington, D.C. 20006.5292 (o 95 . 966, 1967, 1970, 1974, 1977, 19R7, co 1997 y re Arnen[an Instdute of ArchiteUS. Heploduct,on of the rnaleria herein or substantial quotation of its prwisinns without written permission of the AIA violates the copyright laws of the united States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. ropyriy,M laws and will subject the violator to legal prosenitinn. This document was electronically produced with permission of the AIA and can be reproduced in accordance wish your license without violation until the dale of expiration as noted below. expiration as noted helnw~ User nna~ment~ 91b 141.aia -- 5/22/2003. AIA License Number IU17145, which expires an 9/30/2003. 21 ~c~~ r~ u © 1917, 1926. 1948, 1951, 1953, 1958, 1961, 1963, 1966, 196 ~ 997 y T e American Institute of Architects. Reproduction of the material herein nr su6stardial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal proseurtinn. WARNING: Unlicensed photocopying violates U.s. copyright laws and will subject the violamr to legal prosecution. This document was electronically produced with permission of the AIA and can be r?produced in acrnidance with your license without violation until the date of eaprration as Holed below. expn~alion as noted below. User Document: 976141.aia -- 5/22/2003. AIA License Number 1817146, which expires nn 9/30/70gs. 22 This document has important Iega! consequences. Consultation with an attorney is encouraged with respeu m its [ompletion er nndi(icarion. AUTHENTICATION OF THIS fCECTROMCACLY DRAFTED AJA ppCUM{NY MAY gE MAOE BY USING AIA DOCUMENT 0401. a.~. ,.•.~;t rrlrr ~~~kU.6 Fj 1997 AIACd AIA DOCUMENT B141 - 1997 6TANDARb FgRM AGREEMENT The Arrterican Institute of Architects 1735 New Yark Avenue N, W. Washington, b.C. 20006.5292 a~~~ 'EXHIBIT A' PROPOSAL FOR PROFESSIONAL SERVICES NEW MUNICIPAL. LIQUOR STORE HUTCHINSON, MINNESOTA APRIL 21, 2DD3 Tushie-Montgomery & Associates, Inc., proposes the following scope of work as a recommended proced- ure for the construction of the City's relocated Municipal Liquor Store in downtown Wutchinson. PROJECT DESCRIPTION: Construction of a new 12,000 to 14,000 square foot municipal liquorstore. Site work to include demolition of existing buildings, and development of site to include landscaping, sidewalks, and parking. The anticipated construction cost is budgeted at $t.4 million. SCOPE OF SERVICES: The professional services of Tushie-Montgomery & Associates, Inc., shall be as follows: PROGRAMMING: A. Review all information, reports, documents, and drawings the Owner may have related to this project. Review the current and projected future needs of the building with the Owner and prepare a preliminary program to be used in developing building floor plans. l3. Review existing Liquor Store operations with the Owner as they apply to the anticipated new store including: Design limitations Customer and employee parking and traffic circulation Exterior loading and unloading requirements Product receiving EquipmenUCoolerconsiderotions Mechanical systems Electrical system Lighting levels Store fixtures Store layout and traffic flow Storage areas (interior and exterior) Signage Offices and employee break area Restrooms Checkout counters Wine tasting area Product f7isplay areas . C. Based upon the information developed in A and B above prepare a final detailed program for the new building. ~~C~ Proposal for Professional Services Hutchinson Liquor Store April 21, 2003 Page 2 of 6 r D. Meet as necessary with City staff members during the entire process to finalize the program and present conclusions. SCHEMATIC DESIGN: A. Prepare preliminaryoverall building floor plans reflecting elements identified in the building program including recommended design changes. B. Review overall exterior elevations for the building and make recommended design modifications if required. C. Meet with Mechanical Engineer and evaluate HVAC, plumbing and other building mechanical systems for compatibility to the building program and interior build-out. D. Meet with Electrical Engineer and evaluate the electrical systems for compatibility to the building program and interior build-out_ E. Meet as necessary with staff members during the entire process to finalize design solutions. F. Prepare presentation drawings to graphically illustrate design solutions to city staff members and the public. G. Prepare an outline specification for the project. H. Submit proposed plans to the Contractor far value engineering and preliminary construction cost estimating. I. Be present at public hearings, if necessary, to assist the Qwner in obtaining governmental approvals for the project. J. Assist the City with review and negotiations for the final exterior design as it relates to signage, loading dock access and exterior appearance. INTERIOR DESIGN SERVICES: A. Furniture, furnishings and equipment: 1. Interior Design Services forthe selection and specifying of all colors, materials and finished surfaces anticipated in the Contract Documents. 2. Design, specify, bid and coordinate with ownerordering all interior furniture, fixtures and furnishings. LJ 3. Prepare presentation material boards to illustrate the color, texture and quality of the materials being considered. q C~~ Proposal for Professional Services • Hutchinspn Liquor Store April 21, 2D03 Page 3 of 6 4. Provide assistance to the Owner in coordinating schedules for delivery and installation of all furniture and furnishings as well as equipment provided by Dwner. 5. Review the final placement and inspection for damage, quality and function to determine that the installed furniture, furnishings and equipment are in accordance with tho requirements of the Contract Documents and equipment provided by Owner. IV. CONSTRUCTION DOCUMENTS: A. Based upon City input and requested changes, finalize all architectural designs. B. Make recommendations on the selection of materials. C. Finalize all mechanical and electrical systems designs with Mechanical and Electrical Engineers. D. Finalize all structural design requiroments for the building with the Structural Engineer. L J E. From the approved design studies, prepare a set of construction drawings and specifications, which shall include the following: Demolition Plans Floor Plans Exterior Elevations Wall Sections Interior Details Exterior Details Interior Design Schedules (Door & Finish) Interior Elevations Enlarged Floor Plans Fixture/Millwork Plans & Details Mechanical Plans & Details Electrical Plans & Details Structural Plans & Details F. Assist Dwner in filing the required documonts forthe approval of governmental authorities having jurisdiction over the project, and meeting with those city building officials to review tho projoct. V. BIDDING AND NEGOTIATION: Following the Owner's approval of the construction documents, assist the Owner in letting and receiving Contractor bids for the project by distributing drawings to the Contractors, answering Contractor questions, attending pre-bid conferences and reviewing bids received. VI. CONSTRUCTION PHASE: A. Review shop drawings, samples and other submissions of the contractor. B, Answer contractor questions. C. Make once per month visits to the site to be familiar generally with the progress of the Work. ~ C~~ Proposal for Professional Services • Hutchinson 4lquor Store April 21, 20U3 Page 4 of 6 D. Process monthly pay requests. E. Assist in the preparation of a final project punch list. F. Issue a Certificate of Substantial Completion. G. Assist the Contractor in applying for and procuring all required permits. H. Assist the Contractor in pre-construction conferences with representatives from the successful bidders and any other vendor representatives. I. Prepare and issue Change Notices and Change Orders as necessary. TO BE PROVIDED BY THE OWNER: The Owner shall provide: All background information the Owner may havo available related to this project and necessary instructions and input regarding the program requirements. 2. Existing site plans and building lines, as-built drawings of existing and proposed buildings, soils reports, other topographical and utility maps and information the Qwner has and, if necessary, measured drawings of existing structures. The Architect shall be entitled to rely upon the completeness and accuracy of this information, surveys and reports furnished by the Owner. 1 J 3. A designated representative from whom the Architect will receive instructions and authorization. 4. Prompt written notice to the Architect if the Qwner becomes aware of any fault or defect in the project of non-conformance with the Contract Documents. 5. Provide information pertaining to key issues, including typical facility use and problem areas regarding traffic flow between staff and the public. 6. Provide information pertaining to current and future facility requirements. Civil Engineering to be provided by the Owner, or by Tushie-Montgomery & Associates, Inc. as an additional service. This is being offered in this manner because many cities we work with use their own City Engineers yr consultants. L TIME: Tushio-Montgomery & Associates, Inc. shall begin the W ork within one (1 } week of being authorized and shall complete all tasks in this proposal within the schedule to be established with the Qwner. An estimated three (3) months for design and eight (8) months for construction would be a reasonable schedule based on past experience with this type of project. However, this will vary given different city approvals, permit processes, developer's schedule, and contractor bidding requirements. q~~~ Proposal for Professional Services • Hutchinson Liquor Store April 21, 2003 Page 5 of 6 L.J FEES AND METHODS OF PAYMENTS: Tushie-Montgomery & Associates, Inc., bases all fees for professional services on the amount of time anticipated to complete the described scope of services. Fees for professional services shall bo billed monthly in proportion to work completed on the project and shall be paid thirty (30) days from the date of invoice. A 1.5% monthly interest rate shall be applied to all past due accounts. ENGINEERING SERVICES: Tushie-Montgomery & Associates, Inc. dyes not employ professional Engineers ontheir in-house staff. All Engineering services recommended in this proposal shall be provided by Tushie-Montgomery & Associates, Inc. on a consultant relationship within the designated design fee. TOTAL PEPS ANTICIPATED: The total cost of all basic services recommended in this proposal shall be 7.5% to 8% of the actual final construction cost of the project plus normal reimbursable costs of printing, faxes, reproductions, copies, telephone, postage, delivery and mileage, etc. depending upon the actual final determined scope of work to be performed. These fees can be proporticned as follows: I: II. Programming and Schematic Design 25% of Total Fee III.,IV., Final Construction Documents, Interior & V. Design, and Bidding Services VI. Construction Phase HOURLY RATES: Principals Senior ASSOGIate Associate Architect or Landscape Architect Architect Draftsperson Interior Designer Interior Designer Intern • 60% of Total Fee 15% of Total Fee $ 1 SO/Hpur $ 126/Hour $ 110/Hour $ 100/Hour $ 90/HOUr $ 10D/Hour $ 90/Hour Hourly rate may change at the start of each new calendar year (January 1 each year). q C~~ Proposal for Professional Services Hutchinson Liquor Stvre April 21, 2003 Page 6 of 6 LIMITS OF LIABILITY: In recognition of the relative risks, rewards and benefits of the project to both the Owner and Architect, the risks have been allocated such that the Owner agrees, to the fullest extent permitted by law, to limit the Architect's liability to the Owner and to all the Owner's contractors and subcontractors on the project for any and all claims, losses, costs, damages, or claims expenses from any cause or causes, so that the total aggregate liability of the Architect to all those named shall not exceed the Architect's total fee for services rendered on this project. Such causes include, but are not limited to, negligence, professional errors or omissions, strict liability, breach of contract or warranty. This proposal is good for thirty (30J days. If acceptable, a signed copy will be cur authorization to proceed. If the Scope of Services in this proposal is not exactly as you would like it, we would be happy to adjust it and revise the fee accordingly. At the completion of Schematic Design a standard AIA agreement shall be prepared and executed for the balance of services tc be completed. Respectfully submitted, TUSHIE-MONTGOMERY & ASSOCIATES, INC. • Daniel L. Pellinen, AIA Associate AUTHORIZATION TO PROCEED: CITY pF HUTCHINSON BY: Its: R C~~ CTI'Y OF HUTCHINSON McLEOD COUNTY . STATE OF MINNESOTA RESOLUTION NO. 12188 RESOLUTION CALLING FOR A PUBLIC IiEARING $Y THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 4-13 THEIiF,IN AND TFIE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. 131J IT RESOLVED by the City Council (the "Council") for the City of Hutchinson, Minnesota (the "City"), as follows: Section I . Public Hearin. This Council shall meet on July 8, 2003, at approximately 5:30 P.tvl., to hold a public hearing on the proposed adoption of a Modification to the Development Program for Development District Nn. 4 (the "Development Program Modification"), the proposed establishment of Tax Increment Financing District No. 4-13 (a redevelopment district), and dre proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefore (the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program Modification and Plan"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Puh is Hearin Filin of the Pro am Modification and Pl n. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Program Modification and Plan and to forward documents to the appropriate taxing jurisdictions including McLeod County and Hutchinson School District No. 423. The Gity Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least note in the official newspaper of the City not later than 10, nor more than 30, days prior to May 28, 2003, and to place a copy of the Program Modification and Plan on file in the Gity Clerk's office at City Hall and to make such copy available for inspection by the public. Dated: May 27, 2003 Adopted: Mayor ATTEST: City Clerk r~ L a c~~) RESOLUTION NO. 12183 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, The Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locates as points where txaffrc control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RE$OLVBD BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes the following traffic control devices: I. "HANDICAPPED PARI{ING," which shall be effective for the following location: a. On Huron St SE, adjacent to 533 Huron St SE. Costs to be home by zequcsting party. 2. "N O PARHING", which shall be effective for the Following locations: . a. CORNER T'O I"IERE: On 5th Ave SW and Main Street South on both sides of each street from their intersection to a point 60' from the right-of--way (sight corner) b. ANY TIME: On South Grade Rd SW west of the intersection with School Rd SW to Honey Tree Road on both sides (sight distance and safety). c. ANY TIME: On Snuth Grade Rd SW at its intersection with Lakewood Dr $W, for 300' in either direction on both sides (sight distance and safety). ` d. Ave $W to South Grade ANY TIME: On Roberts St SW from the intersection with 8 Road on the west side (narrow road and safety). " e. CORNER TO HERE: On Merrill St SW at its intersection with South Grade Rd SW for 60 feet north of intersection on east side (sight distance and safety). f CORNER TO HERE: On Lewis Ave SW at its intersection with School Rd SW For 60 feet east of intersection on south side (sight distance and safety). g. NOV 1 TO APR 1; 2 AM to 6 AM: Mahogapy Ct SW from south intersection with Roberts St SW to north intersection with Roberts $t SW, both sides (snow plowingJ. h. ANY TIME: On Echo Dr SW at its intersection with Echo Cir 5W for 175 feet south of the intersection on the east side (parking area relocation). i. REMOVE PARKING RESTRICTION: On Echo Dr SW at its intersection with Freemont Ave SE for 345 feet north of the intersection on the west side, except for area with marked curb (parking area relocation). i ~ ~~~ RESOLUTION NO. 12183 RESOLUTION ESTABI,ISIIiNG LOCATION FOK TRAFFIC. CONTROL DEVICES (Gout.) Page 2 3. "STOP", which shall be effective for the following locations: a. REMOVE: On Hillcrest Rd NE at its intersection with College Ave NE b. INSTALL: On College Ave NE at its intersection with Hillcrest Rd NE a INSTALL: On Prairie View Dr SW at its intersections with West Shore Dr SW d. INSTALL: On Blackhawk Dr SW at its intersection with Century Ave SW e. INSTALL: On Blackhawk Ct SW at its intersection with Century Ave 5W f. INSTALL: On Bluejay Dr SW at its intersection with Century Ave 5W 4. °LYIELD", which shall be effective For the following locations: a. INSTALL: On Lyndale Ave SW at its intersection with Merrill St 5W b. INSTALL: On Wagner St SW at its intersection with Goebel St SW And that all other traffic control devices now existing at these locations shall be removed. Adopted by the City Council this 27th day of May, 2003. Marlin Torgerson Mayor ATTEST: Gary D. Platz City Administrator 1:1Public WodcslResolWonsITRAFFICITreICa92 5-27-03.dw G C~~ • M Hutchinson Area Health Care Ilutchinsnn Cnrnrnuntty //~~sj~7taC /3arn75MuirorlVllisio7k llomrr Urrc~~c•l Mcrlical G2•n!c•r 1095 Ilighway 17 tiouth Ilulchin.um, MN 55.jjll (32(q 2i•i-7n00 May 21, 20D3 The Honorable Mayor Marlin Torgcrson and Members of the City Council Hutchinson City Center 111 Hassan Street SE Hutchinson, iviN 5535) Dear Mayor 1'orgerson and City Council Members: The Board of Directors ol'the Hutchinson Arca Health Care (HAl1C), as part of their regular meeting on May 20, 2003, considered a request for the purchase of new furniture for the Mental IIealth Outpatient service in the Plaza 15 shopping center. The following is an excerpt from the minutes of the meeting. • "Furniture for Mental Health Outpatient. Graves reported on the furnishings request for the Mental Health Outpatient Service in the Plaza 15 expansion project. An attached listing of furniture was provided to board members for consideration. The items can be acquired through Corporate Express From the Hospital group purchasing organization, VHA, or potentially the State of Minnesota government group purchasing contracts. Following discussion, Foriun made a motion, seconded by Chrissis, to request authority from the City Council to purchase the office equipment for Outpatient Mental Health, per the attached, at a cost of not to exceed $87,500. All were in favor. Motion carried. Thank you in advance, for consideration of this request. Duane Iloversten will answer questions you may have regarding this item. inccrcly, 1 Philip G. Graves President . /cs »~ `~ J Horty Eiving°° Preliminary Furniture Pricing Breakdown Health Plaza Renovation Hutchinson Arca Healthcare 5/2U/03 Novatipn~Qntract--purch,;~sed through S~,rpotate Express: Brandrud (waiting room furniture) Falcon (iablcs) Kl (break room & group rooms) Whitehall (office guest furniture) Delivery & Install for Rrandnrd, Falcon, I{.I & Wlvtehall Allstecl (desks/office furniture--through Corporate Express) Plowing Amhicearsre E~ginem'ing lneuior llusign Cnnacruccim~ Manxgcmm~e ^uign IIoild $96,000 $l,SUU $1,500 $2q,000 $1,500 $23,000 (includes deliv/install) Task Chairs-facili~to detenrvne man;ufacturer~~~~~~20 00~ Corporate Express'I'otal $87,500 ~~~Q-~ C~ R55APPYRV e Check Number CITY OF HUTCHINSON AP Pa ment Re ister with Voids Check Dat 5/16/2003 - Ck Data T e Check # Vendor Name Amount 5/16/2003 PK 116769 " 10285fi BREEZY POINT RESORT 602.00 5/16/2003 PK 116770 114793 WRIEST, JERRY 250.00 852.00 Account N # 852.00 IMMEDIATE PAYS R55APPYRV CITY OF HUTCHINSON B Check Number AP Pa ent Re ister with Voids Check Dat 5/22/2D03 - Ck Date T e Check # Vendor Name Amount 5/22/2003 PK 116771 ' 101876 AETNA VARIABLE LIFE ASS. GO. 855.D0 5/22/2003 PK 11 fi772 101919 AMERICAN FAMILY INS CO. 137.10 5/22/2003 PK 116773 102726 ECOLAB PEST ELIM 18.15 5/22/2003 PK 116774 104022 EVEN-TEMP CONSTRUCTION 7,900.00 5/22/2003 PK 116775 101$75 GREAT WEST LIFE INS. CO. 3D0.00 5/22/2003 PK 11677fi 101872 H.R.L,A.P.R. 245.08 5/22/2003 PK 116777 102961 HRA 2,300.00 5/22/2003 PK 116778 102542 HUTCHINSON UTILITIES 3,810.36 5/22/2003 PK 116779 1D18fi9 HUTCHINSON, CITY OF 1,783.50 5/22/2003 PK 11fi780 101$69 HUTCHINSON, CITY OF 740.00 5/22/2D03 PK 116781 102fi33 HUTCHINSON, CITY OF 5,313.D5 5/22/2003 PK 116782 102635 HUTGHIN5ON, CITY OF 540.$1 5/22/2003 PK 11fi783 101873 1CMARETIREMENTTRUST 3,646.94 5/27J2003 PK 116784 102573 MCLEOD COOP POWER 1,264.11 5/22/2003 PK 116785 102449 MINNESOTA CHILD SUPPORT PAYMEN 668.07 5/22/2003 PK 116786 101914 NCPERS LIFE INS. 472.00 5/22/2003 PK 1167$7 103607 PADELFORD PACKET BOAT CO 785.91 5/22/2003 PK 116788 101877 PRUDENTIAL 75.00 5/22/2003 PK 11fi789 102096 PRUDENTIAL MUTUAL FUNDS 30.00 5/22/2003 PK 116790 102052 QUALITY W INE & SPIRITS CO. 3,698.28 5/22/2003 PK 116791 102205 R.J. TRANSFER 1,D59.99 5/22/2003 PK 116792 105258 WILKENS INDUSTRIES 3,000.00 38,643.35 38,643.35 IMMEDIATE PAYS ~, J PAYROLL ACCOUNT -PAYROLL DF MAY 16, 2003 Period Ending: May 10, 2003 FOR COUNCIL LIST ONLY -ELECTRONIC TRANSFER TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT PEID ACCT# NAME DESCRIPTION $19,442.19 9995.2034 WITH. TAX Employee Contribution -Federal Tax ACCOUNT $9,380.27 9995.2040 Employee Contributlon -Soc. Security $2,730.41 9995.2242 Employee Contribution -Medicare $31,552.87 Sub-Total -Employee Contributlon $9,380.27 $2,730.41 $12,110.88 $8,243.24 $9,818.60 $11,803.19 §21,621.79 $93.88 $93.88 $187.72 527,809.81 `~ 9995.2240 9995.2242 Sub-Total -Employer Contributlon Grand Total -Withholding Tax Account Employer Contribution -Social Security Employer ConVibution -Medicare 9995.2035 MN DEPT OF REVENUE 102615 9995.2241 PERA Employee Contribution -Passion Plan 102615 9995.2241 Employer Contribution -Pension Plan Sub-Total -PERA 102615 8885.2243 PERA-0CP Employee GOntributicn -Pension Plan 102615 8895.2241 Employer Contribution -Pension Plan Sub - Total - DCP GRAND TOTAL -PERA Finance DlrectorApproval $2~#p69G.64 ELECTRONIC FUNDS TRANSFERS 5/27/03 WATER/SEWER MN bEPT OF REVENUE-USE TAX GENERAL NIN DEPT OF REVENUE-5ALE5 TAX H.A.T.S MN DEPT pF REVENUE-FUEL TAX LIQUQR MIV DEPT OF REVENUE-SALES TAX 6,238.00 436.00 709.60 25,843.00 n ~. J i 05/14/03 MEMO TO: CITY STAFF & BANK OFFICIALS FROM: KEN MERRILL ,FINANCE DIRECTOR SUBJECT: JUNE WIRE TRANSFER The following funds need to be wired -interest payments 134,626.25 Chase NYC ABA # D21-DDO-021 to credit the account of Cede & Co. c/o TWE DEPOSITORY TRUST COMPANY for Dividend Deposit Account # D66-026776 OBI FIELD - PA 5031795D DDA # 005D3179 1992 Tax Increment Bonds 1994 Wastewater Refunding 2000 G O Temp Utility Bonds 2001 G O Temp Utility Bonds 2D01C Capital Note • 11,913.75 13,158.75 10D,000.00 refunded ck 9,553.75 134,626.25 The following funds need to be wired -PRINCIPAL payments Chase NYC ABA # 021-000-D21 to credit the account of Cede & Co. c/o TWE DEPOSITARY TRUST COMPANY for Redemption Deposit Account # 066-027-306 OBI FIELD - PA 50317950 1992 Tax Increment Bonds 30,ODD.OD 1994 Wastewater Refunding 605,OOD.00 2000 G.Q., Utlitiy Bonds 4,ODO,OOD.D0 4,635,000.00 (FAX of bond document must be made at same time for principal payment) • R55APPYRV CITY OF HUTCHINSON B Check Number AP Pa ment Re ister with Voids Check Dat 5/27/2003 - Ck Date T e Check # Vendor Name Amount 5/27/2003 PK 116793 ' 101915 A.H. HERMEL COMPANY 296.39 5/27/2003 PK 116794 112348 AROMA WINES INC 174.00 5/27/2003 PK 116795 102260 ASHBROOK 728.54 5/27/2003 PK 116796 102789 6 & B SPORTS 77.19 5/27/2003 PK 116797 102870 BAERTSCHI, PAUL 90.00 5/27/2003 PK 116798 102898 BAILEY NURSERIES 1,011.52 5/27/2003 PK 116799 101848 BEACON BALLFIELDS 296.28 5/27/2003 PK 116800 105478 BI=ILKE, CHERYL 8.00 5/27/2003 PK 116801 101916 BERNICKCOMPANIES,THE 1,057.60 5/27/2003 PK 116802 117893 BIOGROUP USA, INC 28,823.09 5/27/2003 PK 116803 102920 BUREAU OF ALCOWOL TOBACCO & FI 250.00 5/27/2003 PK 11fi804 117394 C & C TRANSPORT ING 225.00 5/27/2003 PK 116805 102456 C & L DISTRIBUTING 4tl,319.30 5/27/2003 PK 116806 104512 CALIFORNIA CONTRACTORS SUPPLIE 279.80 5/27/2003 PK 116807 102117 CAROUEST AUTO PARTS 36.32 5/27/2003 PK 116808 102981 CARTER, RANDY 34.97 5/27/2003 PK 116809 103014 CDI OFFICE PRODUCTS LTD 39,39 5/27/2003 PK 116810 102143 CENTRAL LANDSCAPE SUPPLY 45.33 5/27/2003 PK 116811 102253 CENTRAL MCGOWAN 448.03 5/27/2003 PK 116812 117841 CHRISTOPHERSON, BARBARA 8.00 5/27/2003 PK 116813 1050fi8 GOLb SPRING GRANITE CO 4,420.00 5/27/2003 PK 116814 117879 CORNWELLTOOLS 147.96 5/27/2003 PK 116815 102050 CROW RIVER AUTO 184.11 5/27/2003 PK 116816 102220 CROW RIVER PRESS INC 60.11 5/27/2003 PK 116817 104884 CULLIGAN 79.50 5/27/2003 PK 116818 104377 CUSTOM PRODUCTS & SERVICES 34.51 5/27/2003 PK 116$19 102838 DAIRY QUEEN 30.00 5/27/20tl3 PK 116820 115387 DAVE & BETTY TRI-MINNICK'S CLE 749.54 5/27/2003 PK 11fi821 102488 DAY DISTRIBUTING 3,843.72 5/27/2003 PK 116822 108852 DEAL, 808 60.00 5/27/2003 PK 116823 105427 DEMEYER, ANDY 49.73 5/27/2003 PK 116824 102698 DEVRIES, RANDY 375.78 5/27/2003 PK 116825 102643 DIAMOND 5 CONSTRUCTION 938.29 5/27/2003 PK 116826 104084 DONOHUE & ASSOC 2,141.90 5/27/2003 PK 116827 104095 DUECO 23.94 5/27/2003 PK 116828 104415 EARTH TECH 5,1fi1.00 5/27/2003 PK 11fi829 102984 EBERT, DICK 35.99 5/27/2003 PK 116830 102726 ECOLAB PEST ELIM 43.67 5/27/2003 PK 116831 102356 ELECTRO WATCHMAN 79.88 5/27/2003 PK 116832 105535 ELEMENT K JOURNALS 87.00 5/27/2003 PK 116833 117838 ENGWALL, MARINE 30.00 5/27/2003 PK 116834 110034 EXTREME BEVERAGE 64.00 5/27/2003 PK 116835 101870 F W ROOFING AND INSULATION 1,500.00 5/27/2003 PK 116836 117839 FIMON, ROGER 2DOA0 5/27/2003 PK 116837 102094 FISHER SCIENTIFIC 1 072.16 5/27/2003 PK 116838 102526 G & K SERVICES 1,484.54 5/27/2003 PK 116839 103340 GEB ELECTRICAL INC 500.00 5/27/2003 PK 116840 102059 GEMPLER'S INC 203.90 ~""1 ~~ C.~ C~ J C, J 5/27/2003 PK 116841 117843 GETZ, BECKY 30.00 5/27/2003 PK 116842 102874 GOEBEL FIXTURE CO. 720.34 5/27/2003 PK 116843 702525 GOPHER STATE ONE-CALL INC 189.10 5/27/20D3 PK 716844 101874 GRIGGS & COOPER & CO 12,680.29 5/27/2003 PK 116845 101888 GRINA, LISA 7.61 5/27/2003 PK 116846 102529 HACH COMPANY 247.13 5/27/2003 PK 116847 102451 HANSFN DIST OF SLEEPY EYE 2,456.10 5/27/2003 PK 116848 109799 HARRIS COMPANIES 664.00 5/27/2003 PK 176849 104883 HENKE FLOOR CARE 426.00 5/27/2003 PK 116850 102701 HENRY & ASSOCIATES 263.28 5/27/2003 PK 116851 102531 HENRYS FOODS INC 1,373.59 5/27/2003 PK 116852 102518 HILLYARD FLOOR CARE/HUTGHINSON 241.01 5/27/2003 PK 116853 102119 MOLT MOTORS INC 1,198.79 5/27/2003 PK 11fi854 111066 HOTSY EQUIPMENT OF MINNESOTA 304.67 5/27/2003 PK 116855 102319 HUTCHINSON AREA HEALTH CARE 896.55 5/27/2003 PK 116856 108389 HUTCHINSON AUTO CENTER 45.29 5/27/2003 PK 116857 102530 HUTCHINSON GO-OP 157.92 5/27/2003 PK 116858 102541 HUTCHINSON TELEPHONE CO 1 267.71 5/27/2D03 PK 116859 105161 HUTCHINSON UTILITIES 15,570.87 5/27/2003 PK 1168fi0 102072 HUTGHINSON, CITY pF 26,401.00 5/27/2003 PK 116661 103099 HUTGHINSON, CITY OF 581.74 5/27/2003 PK 116862 105160 HUTCHINSON, CITY OF 22,075.86 5/27/2003 PK 116863 102548 ICMA 744.00 5/27/20D3 PK 116864 103520 INTERSTATE BATTERIES 295.80 5/27!2003 PK 116865 102549 ISCO INC 455.70 5/27/2003 PK 116866 102062 JACK'S UNIFORMS & EQUIPMENT 2,028.25 5/27/2003 PK 116867 717840 JACOBS, ANGELA 30.00 5/27/2003 PK 116868 111836 JACOBSEN, SEPTEMBER 53.21 5/27/2003 PK 116869 102553 JCPENNEY CO 165.07 5/27/2003 PK 716870 102208 JEFF'S ELECTRIC 3,433.05 5/27/2003 PK 116871 102554 JERABEK MACHINE SERV 10.65 5/27/2003 PK 116872 111450 JOECKS, VIRGENE 29.95 5/27/2003 PK 116873 102556 JOSS SPORT SHOP 18.D0 5/27/2003 PK 116874 1D1938 JOHNSON BRCTHERS LIQUOR CO. 15,817.31 5/27/2003 PK 116875 102346 JOHNSON, LEONARD G. 872.76 5/27/2003 PK 716876 102813 JOHNSON, MICHELLE 76.45 5/27/2003 PK 716877 102555 JUUL CONTRACTING CO 44.75 5/27/2003 PK 11fi878 117880 KARL, CHAD 30.00 5/27/2003 PK 776879 103906 KISSER, SUE 50.00 5/27/2003 PK 1768$0 102123 KRISHNAMOORTHI, CHITRA 39.60 5/27/2003 PK 116881 116996 KUCERA, ARCHIE 12623 5/27/2003 PK 116882 1D2561 L & P SUPPLY CO 1,430.03 5/27/2D03 PK 116883 101976 LAKESIDE EQUIPMENT CORP 2,941.53 5/27/2003 PK 116884 116418 LARRY SCHEFUS BROKERAGE CO. IN 1,249.53 5/27/2003 PK 116885 104521 LEIDER, THERESA 75.00 5/27/2003 PK 116886 101974 LENNEMAN BEVERAGE DIST. INC 3,223.50 5/27/2003 PK 716887 104499 LOCATORS & SUPPLIES 94,71 5/27/2003 PK 116888 101984 LOCHER BROTHERS INC 32,875.00 5/27/2003 PK 116889 102145 M-R SIGN 53.63 5/27/2003 PK 116890 117382 MAKI PAINTING & DECORATING 6,887.00 5/27/2003 PK 116891 102572 MANKATO MOBILE RADIO 24.00 5/27/2D03 PK 116892 116860 MARION MIXERS, iNC 372.18 ~J i 5/27/2003 PK 116893 102573 MCLEOD COOP POWER 4,800.00 5/27/2003 PK 116894 102755 MCLEOD COUNTY AG ASSN 150.00 5/27/2003 PK 116895 102158 MCLEOD COUNTY TITLE 10.00 5/27/2003 PK 116896 102787 MCLEOD COUNTY TREASURER 1.65 5/27/2003 PK 116897 116868 MDT 1,580.10 5/27/2003 PK 116898 112400 MENARDS - HUTCHINSON 23.87 5/27/2003 PK 116899 102425 MIDWEST WIRELESS COMM. 1,232.94 5/27/2003 PK 116900 ip4957 MIKE CHAVES TRUGKING 3,920.80 5/27/2003 PK 116901 114439 MINNESOTA COUNTY ATTORNEY ASSN 35.15 5/27/2003 PK 116902 101992 MINNESOTA DEPT OF HEALTH 5,499.00 5/27/2003 PK 116903 101992 MINNESOTA DEPT OF HEALTH 23.00 5/27/2003 PK 116904 101947 MINNESOTA DEPT OF LABOR & INDU 15.00 5/27/2003 PK 116905 116404 MINNESOTA DEPT OF PUBLIC SAFET 200.00 5/27/2003 PK 116906 102586 MINNESOTA REC & PARK ASSC 220.00 5/27/2003 PK 116907 105157 MINNESOTA SHREDDING 54.95 5/27/2003 PK 116908 102570 MINNESOTA SPORTS FEDERATION 165.00 5/27/2003 PK 116909 117844 MINNESOTA SPRING & SUSPENSION 808.92 5/27/2003 PK 116910 102583 MINNESOTA VALLEY TESTING LA8 245.75 5/27/2003 PK 11fi911 117842 MONS, CINDY 2$.00 5/27/2003 PK 116912 102649 MPCA 23.00 5/27/2003 PK 116913 105071 MUELLERLEILE, SONJA 19.43 5/27/2003 PK 116914 102fi50 NCL 4p4.73 5/27/2003 PK 116915 110186 NIELSEN, TRACY 24.00 5/27/2003 PK 116916 117892 NIROM PEAT MOSS INC 11,122.50 5/27/2003 PK 116917 102490 OFFICEMAX CREDIT PLAN 1,230.35 5/27/2003 PK 116918 102592 OLSON'S LOCKSMITH fi0.00 5/27/2003 PK 116918 110174 pNDEO NALCO CO 6,02526 5/27/2003 PK 116920 117$91 ONLINE FREIGHT SERVICES, INC 88.40 5/27/2003 PK 116921 1178$1 PAEHLKE, JUNE 8.00 5/27/2003 PK 116922 115388 PAUL'S CANVAS & UPHOLSTERY REP 150.00 5/27/2003 PK 116923 102187 PAUSTIS & SONS WINE CO 1,588.90 5/27/2003 PK 116924 117$83 PETERS, SUSIE 15.00 5/27/2003 PK 11fi925 101853 PHILLIPS WINE & SPIRITS 23,037.45 5/27/2003 PK 116926 102373 PINNAGLE DISTRIBUTING 461.73 5/27/2003 PK 116927 102167 PITNEY BOW ES 1,458.00 5/27/2003 PK 116928 102593 PLOTZ, GARY D. 139.66 5/27/2003 PK 116929 102445 POSTMASTER 540.00 5/27/2003 PK 116930 113905 POWERWARE 1,210.00 5/27/2003 PK 116931 102598 QUADE ELECTRIC 13,151.29 5/27/2003 PK 116932 102212 QUALITY FLOW SYSTEMS 1,188.28 5/27/2003 PK 116933 102052 QUALITY W INE & SPIRITS CO. 3 051.53 5/27/2003 PK 116934 104357 QUINLAN PUBLISHING 149.00 5/27/2003 PK 116935 113326 RAININ INSTRUMENT, LLC 150.12 5/27/2003 PK 116936 114718 RBSCOTT EQUIPMENT 2.603.34 5/27/2003 PK 11fi937 102432 REED BUSINESS INFORMATION 573.30 5/27/2003 PK 116938 117878 REUSS, NATHAN 915.84 5/27/2p03 PK 116939 104458 RISC 590.50 5/27/2003 PK 116940 102600 RUTZ PLUMBING & HEATING 9p.52 5/27/2003 PK 116941 102436 SARA LEE COFFEE & TEA 87.20 5/27/20p3 PK 116942 1p2606 SCHMELING OIL CO 6,695.42 5/27/2003 PK 116943 105372 SETON IDENTIFICATION PROD 126.78 5/27/2003 PK 116944 102609 SHOPKO 46.56 LJ r JOJ/u~•vai r ~.