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cp07-24-2001 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 24, 2001 Ux ei N Di 31 : I U 2. INVOCATION — Rev. Gerhard Bode, Peace Lutheran Church .. n. y (a) REGULAR MEETING OF JULY 10, 2001 (b) MINUTES FROM BID OPENING FOR LETTING NO. 1 PROJECT NO. 01 -01 (SCHOOL ROAD SW) OF JULY 20, 2001 Action - Motion to approve as presented (a) REPORTS OF OFFICERS, BOARDS AND 1. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MEETING MINUTES FROM JUNE 19, 2001 2. PIONEERLAND LIBRARY SYSTEM BOARD MEETING MINUTES FROM MAY 17, 2001 • 3. HUTCHINSON CHARTER COMMISSION MEETING MINUTES FROM JUNE 25, 2001, AND JULY 16, 2001 4. HUTCHINSON PLANNING COMMISSION MINUTES FROM MAY 15, 2001, MEETING 5. HUTCHINSON PLANNING COMMISSION MINUTES FROM JUNE 19, 2001, MEETING 6. HUTCHINSON AREA HEALTH CARE BOARD OF DIRECTORS MEETING MINUTES FROM JUNE 19, 2001 7. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JUNE 2001 8. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR MAY 2001 9. CITY OF HUTCHINSON FINANCIAL REPORT FOR JUNE 2001 10. CITY OF HUTCHINSON REPORT ON INVESTMENTS FOR JUNE 2001 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11760 —RESOLUTION TO DONATE COMPUTER EQUIPMENT TO INDEPENDENT SCHOOL DISTRICT 423 2. RESOLUTION NO. 11761 — RESOLUTION ESTABLISHING LOCATIONS FOR TRAFFIC CONTROL DEVICES (MAHOGANY CT SW & ROBERTS ST SW) 3. RESOLUTION NO. 11769 — RESOLUTION FOR PURCHASE OF COMPUTER HUB EQUIPMENT CITY COUNCIL AGENDA — JULY 10, 2001 (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A CONDITIONAL USE PERMIT TO DEVELOP PARKLAND (PLAYGROUND, VOLLEYBALL COURT, BIKE AND PEDESTRIAN TRAIL) IN AN AREA THAT IS CURRENTLY UNDEVELOPED, AS REQUESTED BY THE CITY OF HUTCHINSON, PARKS DEPARTMENT, LOCATED IN THE AREA OF ONTARIO STREET AND 2 AND 3 AVENUE (ADOPT RESOLUTION NO. 11764) 2. CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 6' TO Y AND THE REQUIRED DRIVEWAY SETBACK FROM 5' TO 2' AS REQUESTED BY JASON RUPRECHT, 575 HASSAN STREET SE (ADOPT RESOLUTION NO. 11765) 3. CONSIDERATION OF A VARIANCE TO PLACE AN ACCESSORY BUILDING ON THE PROPERTY LINE NEXT TO AN UNIMPROVED ALLEY AS REQUESTED BY PAUL AND NICHOLE DIETEL, 237 COLLEGE AVENUE NE (ADOPT RESOLUTION NO. 11766) 4. CONSIDERATION OF A CONDITIONAL USE PERMIT TO PLACE A 6' PRIVACY FENCE IN THE FRONT YARD 2' FROM THE PROPERTY LINE AS REQUESTED BY MURIEL FELSKA, 103 ELKS DRIVE (ADOPT RESOLUTION NO. 11767) 5. CONSIDERATION OF A CONDITIONAL USE PERMIT TO RELOCATE GARY'S GARAGE TO MCCLURE'S BUILDING WHICH IS ZONED I -1, LOCATED AT 945 5 AVENUE SE, AS REQUESTED BY DICK MCCLURE (ADOPT RESOLUTION • NO. 11768) (d) CONSIDERATION OF PUBLIC DANCE PERMIT FOR JOSE PALACIOS FOR AUGUST 4, 2001 AT HUTCHINSON NATIONAL GUARD ARMORY (e) CONSIDERATION OF THE REAPPOINTMENT OF THOR SKEIE TO THE HRA BOARD FOR A SECOND TERM (f) CONSIDERATION OF SHORT -TERM ON -SALE NON - INTOXICATING MALT LIQUOR LICENSE TO MCLEOD COUNTY AGRICULTURAL ASSOCIATION FOR MCLEOD COUNTY FAIR (g) CONSIDERATION OF OUT -OF -STATE TRAVEL FOR RANDY DEVRIES AND MARION GRAHAM TO ATTEND THE WATER ENVIRONMENT FEDERATION ANNUAL CONFERENCE IN ATLANTA, GA FROM OCTOBER 13 — 17, 2001 Action — Motion to approve consent agenda M.111:361 (N I I DE1 S lece!llmmill Old 10.8.1 1 ulul A 1 ► : 1 1 : ►II YY � (a) PRESENTATION OF 2001 BIOCORP ENVIRONMENTAL AWARD TO CITY OF HUTCHINSON (b) "THANK YOU" TO CITY OF HUTCHINSON FROM CITY OF LITCHFIELD FOR ASSISTANCE IN STORM CLEAN -UP (c) UPDATE ON TAX AND LOCAL GOVERNMENT AIDS CITY COUNCIL AGENDA — JULY 10, 2001 7. UNFINISHED BUSINESS (a) CONSIDERATION OF THE PURCHASE OF A COMBINATION SEWER MAINTENANCE JETTER/VACUUM TRUCK (b) CONSIDERATION OF A VARIANCE TO INCREASE THE MAXIMUM CANOPY SIZE ALLOWANCE AND A 48 SQ FT VARIANCE FROM THE MAXIMUM TOTAL SQ FT ALLOWED IN A C -4 DISTRICT AS REQUESTED BY MURPHY OIL (WALMART) WITH STAFF RECOMMENDATION TO REJECT Action — Motion to reject — Motion to approve ►I DLYWINJO K (a) CONSIDERATION OF AIRPORT IMPROVEMENT PROGRAM FEDERAL GRANT Action — Motion to reject — Motion to approve (b) CONSIDERATION OF ORDINANCE NO. 01 -296 AMENDING SECTION 10.14 RELATING TO THE SIGN REGULATIONS (GAS STATIONS) (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR AUGUST 14, 2001) (c) CONSIDERATION OF RESOLUTION NO. 11751 ACCEPTING BID AND AWARDING CONTRACT FOR LETTING NO. 1 PROJECT NO. 01 -01 (SCHOOL ROAD SW) ou'1&TODINK \►10181 y COMMUNICATIONS 10. CLAIMS. APPROPRIATIONS AND CONTRACITAYJ (a) VERIFIED CLAIMS A Action — Motion to approve and authorize payment of Verified Claims A from appropriate funds (b) VERIFIED CLAIMS B Action — Motion to approve and authorize payment of Verified Claims B from appropriate funds 0 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL is TUESDAY, JULY 10, 2001 Vice President John Mlinar called the meeting to order at 5:30 p.m. Council members Jim Haugen, Kay Peterson and Duane Hoversten were present. Absent was Mayor Torgerson. Others present were Gary Plotz, City Administrator, John Rodeberg, Director of Engineering/Public Works, and City Attorney Richard Schieffer. 2. INVOC ATIO — The Council dispensed with the invocation in the absence of the clergy. ull�l . (a) REGULAR MEETING OF JUNE 26, 2001 A correction was made to Page 4 Item 8(e) — date change from July 12 to July 10 for the motion to set a workshop to review the city financial statements. The minutes were approved as presented with the date change for the workshop. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR JUNE 2001 2. HAHC MAY 2001 FINANCIAL REPORT 3. BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2001 4. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES FROM JUNE 7, 20001, MEETING (b) RESOLUTIONS AND ORDINANCES 1. RE SOLUTION NOVEMB RE ER 6, 20011 TO FILL MAYORAL DATE TWO CITY COUNCIL MEMBER VACANCIES 2 O MINNESOTA NGAMBLING CONTROL O BOARD PREMISES CONSIDE RMIT FOR VFW POST 906 3 . RESOLUTION HUTCHIN ONNUTILITIESRCOMMISSIION IN DESI F AND INSTITUTIONS (c) CONSIDERATION OF ON -SALE NON - INTOXICATING LIQUOR LICENSE FOR LINDO MEXICO RESTAURANT — Recommend Denial (d) CONSIDERATION OF SHORT -TERM ON -SALE NON - INTOXICATING LIQUOR • LICENSE FOR R.C. PROMOTIONS FOR TRACTOR PULL AT FAIRGROUNDS (e) CONSIDERATION OF TRANSIENT MERCHANT'S LICENSE FOR TAP ENTERPRISES 3(a) CITY COUNCIL AGENDA — JULY 10, 2001 (f) CONSIDERATION OF APPROVAL OF CHANGE ORDER NO. 2, LETTING NO. 3, PROJECT NO. 01 -09 (g) CONSIDERATION OF APPROVAL OF CHANGE ORDER NO. 5, LETTING NO. 1, PROJECT NO. 00 -01 Item 4(b)3 was pulled from Consent Agenda Motion by Peterson, second by Hoversten, to approve the consent agenda with the exception of Item 4(b)3. The motion passed unanimously. Hoversten asked for further information as far as bank deposits for third parties in regards to the Utilities. Patrick Spethman, Hutchinson Utilities, made a presentation on the estimated cost savings of using a bank in Albert Lea as a depository. Forty percent of the staff time of two Utilities employees is spent processing statements. Spethman proposed using a third party to do these functions. The Utilities would have quicker access to their funds and costs would be largely reduced. Spethman also explained that requests for proposals for these services were sent to several banks, including local institutions, and four proposals were received. It was also noted that payments may still be made directly to the Utilities or deposited in the local drop boxes. Local banks will also still be used for deposits for payments received locally by the Utilities. Motion by Hoversten, second by Haugen to approve Resolution No. 11759 to designate depositories of Hutchinson Utlities Commission in commercial banks and institutions. Motion carried unanimously. is 1B : :_C 1► -6:OOP.M.-NONE (a) DISCUSSION OF AUTHORIZATION HORPURPOSES ZA N OR THE ACQUISITION OF REAL PROPERTY Attorney Richard Schaeffer updated the Council on the previous eminent domain process that was approved in conjunction with the power line and substation project to be constructed along County Road 25. He explained that un McLeod Coty will be reviewing the City's requests later this month, but the Utilities needs to continue to move forward because of construction schedules. Mr. Schaeffer requested that the Council consider be No. 11756 that includes an additional six parcels in the eminent domain process. Motion by Peterson, second by Hoversten to approve Resolution No. 11756. Motion carved unanimously. 1►l91 ► _. . 1 I h (a) CONSIDERATION OF JOINT RESOLUTION NO. 11757 OF THE CITY OF HUTCHINSON AND THE TOWNSHIP OF HUTCHINSON AS TO THE ORDERLY ANNEXATION OF PROPERTY Julie Wischnack, Director of Planning, Zoning and Building Enforcement, addressed the Council regarding the proposed final joint resolution to the annexation issues. She explained that the annexation area includes approximately 100 acres east of the current city limits • bordered by the Luce Line Trail, Highway 7, and the Highway 22 bypass. There is a five - year time frame on a future annexation area Hutchinson Township will be considering this Resolution at their July 12, 2001, meeting. If the Resolution is accepted by the city and township, it will be forwarded to the State Planning Agency for final approval. This process 3(a) CITY COUNCIL AGENDA — JULY 10, 2001 • may take one to one and a half months. Peterson inquired as to whether or not the state would question why the annexation area skips over several properties. Ms. Wischnack explained that when it gets to the state level, they assume those types of issues have been addressed and resolved. Motion by Peterson, second by Haugen, to approve Resolution No. 11757. The motion passed unanimously. 7. NF,W BUSINESS (a) CONSIDERATION OF THE REVIEW AND ACCEPTANCE OF 2000 AUDIT Ken Merrill, Finance Director, introduced Auditor Kyle Meyers of Abdo, Eick and Meyers, who reviewed the 2000 audit results and report with the Council. Mr. Meyers presented and explained the various financial statements included in the document to the Council. The various City funds, revenues and expenditures for the year were summarized. Motion by Haugen, second by Hoversten, to accept 2000 audit. The motion carried unanimously. (b) CONSIDERATION OF FUNDING REQUEST FOR MCLEOD ALLIANCE FOR VICTIMS OF DOMESTIC VIOLENCE, INC. Mr. Plotz explained that the City has done research on these types of fund requests. The City can contribute to certain types of event - related activities, such as Music in the Park. The League of Minnesota Cities has advised cities not to make contributions to non -event • activities except in certain situations allowed by law. Requests similar to that of the Alliance are normally held until later in the year when the City has more information regarding the budget process. Mr. Schieffer stated that he will research state statute regarding this matter and report back to the Council. Motion by Peterson, second by Haugen, to defer request of funding for McLeod Alliance for Victims of Domestic Violence, Inc. until more research can be done. The motion carried unanimously. (c) CONSIDERATION OF REORGANIZATION PROPOSAL FOR PARK AND RESOURCE RECOVERY DEPARTMENT Dolf Moon, PRCE Director, explained that followin& the resignation of John Arlt, PRCE Coordinator, the department has an opportunity to review the staffing alignment of the Park and Recreation Dept. He requested that the Council consider transferring a current employee into the Parks Resource Management position, allow for an internal departmental postmp for up to two Lead Maintenance Operator positions, and advertising publicly for the positrons of full -time Maintenance Operator and Resource Recovery Coordinator. Mlinar inquired as to how the funds balance out with the changes. Mr. Moon explained that sound decisions have been made as far as the reorganization is concerned and the costs are similar or slightly less. Motion by Haugen, second by Hoverten, to approve reorganization of Park and Resource • Recovery Department. Motion carried unanimously. (d) TUESDAY, AUGUST 14 001E OR THE REVIEW OF STORE TORE LOCATION 3(a) CITY COUNCIL AGENDA — JULY 10, 2001 • ALTERNATIVES Motion by Hoversten, second by Peterson, to schedule a council workshop for 4:00 p.m. on August 14, 2001, at City Center to review liquor store location alternatives. Motion carried unanimously. (a) COMMUNICATIONS Change Order No. 4 Letting No. Mr. Rodeberg explained that this order is for Rolling Meadows improvement project. The change order includes adjustments necessary for the final payment and is an auditing requirement. Motion by Peterson, second by Haugen to approve. Motion carried unanimously. Kay Peterson — Ms. Peterson informed the group that on July 24, 2001 the Hutchinson Area Foundation and the Hutchinson Public Library will have a ribbon cutting ceremony at 3:30 p.m. for the dedication of the new automatic doors for the Library. John Rodeberg — Mr. Rodeberg explained that there have been problems with the Crow River dam stemming from the flooding this spring. Gates were damaged during the flooding and haven't been able to be repaired or completely shut. Now that the water has receded, both gates have been repaired and closed. Discussion has been brought forward in regards to modifying the dam as discussed with the Dept. of Natural Resources. The Council encouraged further discussion with the DNR. i On Wednesday, July 18, 2001, there will be a meeting at City Center from Noon to 2:00 p.m. regarding the comprehensive plan update relating to transportation issues. Also on Wednesday July 18, there will bean open house for the Southwest Ring Road proposal from 4:30- 7:00pm at HATS. Public opinion will be accepted as far as the route is concerned. The public is encouraged to attend. A formal presentation will be held at the beginning of the open house. Mr. Mlinar asked about other cities implementing watering bans. Mr. Rodeberg explained that at this time Hutchinson has no problems. Mr. Mlinar also asked that if citizens have sodded their yards, would there be an exception to the watering ban. Mr. Rodeberg stated that typically there are not exceptions. Mr. Rodeberg also gave tips as to how to conserve water — avoid watering between 11:00 a.m. and 6:00 p.m. and water about 1 inch per week. 9. CLA APPROPRIATIONS AND CONTRACT YMZM (a) VERIFIED CLAIMS A Motion by Mlinar, second by Haugen, to approve and authorize payment of Verified Claims A from appropriate funds. The motion carried unanimously. (b) VERIFIED CLAIMS B There were no Verified Claims B to approve. A member from the audience inquired about a liquor license for Lindo Mexico restaurant. Mr. Mlinar explained that the police department conducts a background check and that they had recommended denial. He referred the individual to the police department for further information. 10. ADO N 3(a) 11 0 • CITY COUNCIL AGENDA — JULY 10, 2001 With no further business to discuss, the meeting adjourned at 6:15 p.m. 61 3(a) • MINUTES BID OPENING LETTING NO. 11PROJECT NO. 01 -01 JULY 20, 2001 Present: Ken Merrill, Finance Director, John Rodeberg, Director of Engineering/Public Works, and Melissa Starke, recorder. Ken Merrill, Finance Director called the bid opening to order at 10:04 a.m. Mr. Merrill, dispensed with the reading of Publication No. 6615, Advertisement for Bids, Letting No. 1, Project No. 01 -01, S.A.P. 133 - 117 -11. Mr. Merrill noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities as signed by Gary D. Plotz. The following bids were opened and read: Duininck Bros Inc Prinsburg, Minnesota Bid Amount $197.884.63 Wm Mueller & Sons Inc Hamburg, Minnesota Bid Amount $177.435.25 The bids were referred to staff for review and a recommendation. The bid opening adjourned at 10:08 a.m. Marlin Torgerson, Mayor ATTEST: Gary D. Plotz, City Administrator 0 3(b) ti HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY REGULAR BOARD MEETING June 19, 2001 MINUTES 1. CALL TO ORDER: 12:00 NOON - CITY CENTER CONFERENCE ROOM Chairman Joel Kraft called the meeting to order. Members present: Duane Hoversten, and Thor Skeie. Members absent: Debbie Goranowski and John Portz. Staff present: Jean Ward, Mary Chelin, and Judy Flemming. 2. CONSIDERATION OF BOARD MEETING MINUTES OF May 15, 2001 Thor Skeie moved to approve. Duane Hoversten seconded and the motion carried. 3. CONSIDERATION OF STATUS OF ACCOUNTS FOR HRA GENERAL FUND AND PARK TOWERS PROJECT OPERATING FUNDS Duane Hoversten moved to approve. Thor Skeie seconded and the motion carried. 4. PARK TOWERS • Jean Ward reported that there is 100% occupancy. • Jean Ward reported that the elevator repair is completed and that there were no environmental issues pertaining to the oil leakage. is • A consideration of purchase of a computer for the Park Towers office was presented. Thor Skeie moved to approve. Duane Hoversten abstained. Joel Kraft seconded and the motion carried. HHPOP Judy Fleming gave an update on the HHPOP. 6. HOME RENTAL REHAB • The Board was presented a consideration of approving Resolution #01 -12, the MHFA 2001 Contract with the HRA for administration of the program. Duane Hoversten moved to approve. Thor Skeie seconded and the motion carried. • A consideration of approving Resolution 401 -13 for submission of the Jefferson St. Apartments was presented for approval. Thor Skeie moved to approve. Duane Hoversten seconded and the motion carried. • A consideration of approving a 2001 Hutchinson HRA Cost Allocation Plan for the HOME Rental Rehab Program was presented for approval. Duane Hoversten moved to approve. Thor Skeie seconded and the motion carried. MAXFIELD STUDY Jean Ward reported that a donation of $2,500 towards the study cost was received from the SW MN Foundation. • 8. SAC /WAC FEES Bill Gilk, developer of Island View Heights, presented his issues with the new SAC/WAC fees of the City. No action was taken. 4 (a)1 9. CONSIDERATION OF RESOLUTION 1 -11 The Board was presented a consideration of support of the H.R. 951, Housing Credit and Bond Modernization Fairness Act. Thor Skeie moved to approve. Duane Hoversten seconded and the motion carried. 10. 2001 HRA AUDIT HRA Auditor, Mark Babcock, from Babcock, Langbein & Co, presented the 2000 HRA Audit. Clarifications regarding write off of prior year expenses was requested. 11. ADJOURMENT There being no other business Chairman Joel Kraft declared the meeting adjourned. Recorded by Jean Ward, Executive Director Debbie Goranowski, Secretary/Treasurer is r1 2 4 (a)1 IV. • The May 17, 2001 meeting of the Pioneerland Library System Board at the Willmar Public Library meeting room was called to order at 7:30 p.m. by Chair Robin deCathelineau. A quorum Is present. At Clouse added V.A.B. Monthly bills - April, to the agenda. Ronan Rolland will report for the personnel committee. Jeanette Buchanan motioned to accept the agenda as amended. Second by Al Clouse. Carried. At Clouse motioned to accept the April 19, 2001 minutes. Second by Harlan Madsen. Carried. Al Clouse presents for the Finance Committee. 1) John Houlahan gave a presentation reviewing the line items on the R & E report. If we want more information, check with John or the Finance Committee. 2) 2001/2002 budgets. This is for information and the 2002 numbers are preliminary. 3) Al Clouse motioned to accept the April 2001 R & E report. Second by Bob Fleegel. Carried. 4) 2000 Audit which was distributed in March. At Clouse motioned to accept the audit. Second by Amy Wilde. Carried. 5) Direct Deposit. Many employees are interested in direct deposit. Fees would be similar to our current costs. Al Clouse motioned to implement direct deposit for the employees. Second by James Karels. Carried. 6) The Mardag Grant. Al Clouse motioned to approve the Resolution form for the Mardag Grant. Second by Ramona Berg -Perry. Carried. 7) Al Clouse motioned to send the delivery Resolution. Second by Bob Fleegel. Carried. 8) Al Clouse motioned to accept the monthly bills. Second by Harlan Madsen. Carried. Ronan Rolland presented for the Personnel Committee. 1) Ronan Rolland motioned to accept employment of Sunder Sims at 12 -1 Step-Interval for the Maynard library. Second by Marleen Canfield. Carried. 2) Ronan Rolland motioned to accept revisions to policy #'s 2614 & new policy 2615 as mailed In April. Second by Marleen Canfield. Carried. These policies are regarding library dosing and • inclement weather emergencies. 3) There was no increase to our Life Insurance Policy. Ronan Rolland motioned to stay with and accept the Insurance policy with our current carrier. Second by John Baker. Carried. 4) Our current Health Insurance policy is no longer available and there is some concern that Affiliated Med. Centers not be dis-enfranchised by Health Partners who we must switch to with our current server. Other bids came in with extremely high increases for the same services. The new plan is with Health Partners and has significant out of network coverage for those who don't want to or cannot go to a Health Partners clinic. Ronan Rolland motioned to go with the Personnel Committee recommended plan (Health Partners). Second by John Baker. Carried. Harlan Madsen recommends that PLS keep pushing Affiliated and HealthPartners to get together. 5) Benefits Policy. Ronan Rolland motioned to accept revised policies 1101 and 1201. Second by At Clouse. Carried. These regard vacation and sick leave eligibility. Robin deCathelineau presented for the combined Ad Hoc Committees. We now have a complete organization chart and recommendations. Bob Fleegel motioned to accept the organization chart as Is. Second by Harlan Madsen. Carried. Ramona Berg - Perry motioned to accept the recommendations from both Ad Hoc 1 and 2. Second by At Clouse. Carried. The minutes of the Executive Committee and the Strategic Plan Committee are enclosed in the packet. There is no action required. Old Business. Sammie needs a staff member to be on the Sammie governing board. Cindy Hendrickx has volunteered. Gary Johnson motioned to accept Cindy Hendrickx to represent PLS on the Sammie board. Second by Jack Johnson. Carried. 40 Sue Hilgert presented for the Staff Advisory Committee. 4(a)2 They are working on a process for claiming unretumed materials. Nancy Grussing volunteered • to help with the policy for Pioneeriand on this. She also suggested that board members contact their city /county attorneys on this. John Houlahan presented the Director's Report. He has been on library visits to hear concerns of librarians. One is that small libraries would like to be more involved but lack timelresources. They will be paid $35 for each meeting they attend for the Staff Advisory Committee. (This will go to the library to pay for someone to fill their time slot). There is consideration of having an election based to size of library to be on the Advisory Committee. This will be tested for the next year. The director also mentioned fines and setting up a PLS home page. The personnel consultant firm is currently doing a lot of detail work. They have worked on job descriptions and a point system. They will meet with the Personnel Committee on May 29 and the full board in July. The Head librarians will be meeting 3 times per year and possibly have some sort of retreat also so they get to work together more. Other PLS received a Thank You from Ellie Blumhoefer. Ivey mentioned that the Madison library addition is gang well. Al Clouse motioned to adjourn. Second by Amy Wilde. The meeting was adjourned at 8:55 Stacey Schuette Secretary 0 4(a)2 Hutchinson Charter Commission Meeting Minutes . June 25, 2001 Members Present: Chuck Carlson, Chair, Jean Peterson, Linda Remucal, Don Glas, Steve Auger, Walt Clay, Phil Graves, Mike Cannon, Ron McGraw, and Virgil Voigt Members Absent: Carl Bretzke and Roger Peterson Others Present: Gary Plotz, City Administrator; Dick Schieffer, City Attorney; Ken Merrill, Finance Director; Brenda Ewing, Recorder; and Melissa Starke, observer Chair Carlson called the meeting to order at 4:10 p.m. Move by Clay, second by Auger to approve the minutes as presented. Motion passed unanimously. Attorney Schieffer presented a draft update to the Charter and suggested that the Commission take the draft under consideration for discussion at the next meeting. Mr. Graves commented on the Charter language and how the City, HAHC and Hutchinson Utilities are currently operating and how this compares to the charter language. He proposed that the current operations be documented and then cross - referenced with state law /statutes for accuracy and what practices are required by law. It was proposed that a sub - committee of Mr. Graves, Gary Plotz, City Administrator and legal counsel meet separately to discuss this issue and to make recommendations to the full commission. Mr. Graves will act as the HAHC representative to this group and not as a member of the Charter Commission during these discussion. Mr. Schieffer commented that this is an acceptable committee make -up and would not violate any open meeting laws. It was the consensus of the Commission to direct the committee of Mr. Graves, Mr. Plotz, and legal counsel to diagram how the City is currently operating and to report back to the commission with their findings. There was also discussion regarding the Hutchinson Utilities operation and how it relates to the Charter. The commission discussed the appropriateness of inviting the Utilities Commission representatives and the City Council representatives to a meeting to discuss issues relevant to each group. It was reiterated that the Mayor has requested that the Charter review process be completed by August 2001. Chair Carlson asked for volunteers to serve on a sub - committee to meet with representatives of the Hutchinson Utilities Commission. Chair Carlson asked Mr. McGraw and Mr. Voigt to serve . on the committee. Mr. Auger also volunteered to serve. The three were directed to meet with representative of the Utilities Commission and to discuss the Charter and how it relates to the Utilities Operation. 4(a)3 Charter Commission Meeting Minutes — June 25, 2001 • Mr. Schieffer noted that these meetings are required to be public and be on the City calendar for posting. The sub - committee will notify City Staff of meeting dates, times and locations. The Commission set the next meeting for Monday, July 16, 2001, 4:00 p.m. at City Center. The Commission resumed their review of the Charter with Chapter 7, Taxation and Finance. CHAPTER 7 7.01 - Mr. Clay inquired how often the City solicits bids for audit services. Mr. Plotz noted this was last reviewed approximately 5 years ago. Mr. Plotz stated that local firms are eligible to submit a proposal for audit services. Ken Merrill, Finance Director, joined the meeting at 4:40 p.m. The Commission discussed the timing of the submission of the Hutchinson Area Health Care (HAHC) and Hutchinson Utilities budgets to the City Council for review. It is not the understanding that the City Council "approves" these budgets. It is perceived as more of an "awareness issue" for the City Council. The City has deadlines for budget approval that are tied to the taxation requirements. Mr. Plotz suggested that the Utilities be required to submit a budget to the City Council for review by a certain date on an annual basis. This relates to the financial transfers from the Utilities to the City. Mr. Clay inquired if there is a formula in place to determine the amount of the transfer. Mr. Plotz responded that other municipalities do this, but the City does not have a designated formula in place at this time. This issue has been considered by the Council, but no decision has been made to date on how to determine the transfer amount. Mr. Clay inquired if this could be an issue the Charter subcommittee could approach with the Utilities' representatives. It was also discussed if this is an appropriate issue to be included in a charter document. Mr. Plotz noted that it is addressed in a number of City charters of which he is aware. It was questioned if the City would be liable in the event something catastrophic would happen to the Utilities. Mr. Schieffer answered that they would not as the City owns the utility. There was discussion as to what would happen if another electric utility would seek to do business in the City and would request franchises. 7.05 - It was discussed if the Capital Improvements Plan (CIP) should be submitted to the Council prior to the June 1 deadline that is noted. Mr. Merrill updated the Commission on the City efforts to have the revised CIP in place and submitted by June 1. The City is currently not meeting this deadline. 0 The Commission unanimously voted to retain the June 1 deadline in the Charter language. 4(a)3 Charter Commission Meeting Minutes — June 25, 2001 7.06 - Mr. Plotz noted that the budget is not adopted until December per the Truth -in- Taxation legislation. The hearings are held in early December and the budget is not adopted until after the meetings are held. Mr. Merrill noted also that the City has to set a preliminary tax levy and have a preliminary budget in place by September. This amount cannot be increased. In November, tax information is published per the levy amounts set in September. The Truth -in- Taxation hearing then must be held and the budget has to be adopted afterward at a separate meeting, and this brings the completion of the process to mid to late December. This time frame can be changed by the State. Mr. Graves inquired if the Charter language can be amended to take this situation into account. Mr. Schieffer also commented that the City could consider stating a date on which the budget process must begin but leave the final approval date deadline open ended to take into account budget deadline changes by the State. Section 7.07 - This language is very strict in regards to expenditures. Mr. Plotz will propose amended language to address this issue. Mr. Graves exited the meeting at 5:00 p.m. Section 7.09 - It is unclear if emergency debt certificates are authorized under state law for cities. Mr. Merrill noted that there are other methods for cities to deal with emergency financial situations that do not require voter approval. Mr. Schieffer also stated that tax anticipation certificates are a method and are used by other Cities. This is a very secure form of financing and short-term in nature. The Commission should decide if this is an issue that should be left in the charter. It was decided to leave the language at this time and legal counsel will research if this is legally appropriate. 7.10 - It was discussed how the State mandates what types of investments can be made and the City also has guidelines for investments. 7.11 - Mr. Merrill explained to the Commission what equipment certificates are and that they are generally used for the purchase of items such as a fire truck. The certificates must be paid back within a five -year period. The certificates can be purchased publicly or sold privately. The title for the equipment is retained by the City if the certificates are used. Mr. Schieffer questioned if the language in section 7.11 prohibits the City from using equipment certificates or tax anticipation certificates. Mr. Clay inquired if the term "current expenses" should be further clarified in the Charter language or in a City policy so that the current interpretation is maintained for future use. Mr. Schieffer commented that a clarification probably does not belong in the charter due to its length. Mr. Clay proposed that a City policy address this issue and clarify the definition. CHAPTER 8 — No changes recommended. is CHAPTER 9 — No changes recommended. 4(a)3 Charter Commission Meeting Minutes — June 25, 2001 CHAPTER 10 • 10.01 - Mr. Schieffer addressed the issue of obtaining a franchise for a simple, short -term use of City property. Examples of this would be summer sidewalk cafes. It is the opinion of many that the process to obtain a franchise or approval for these uses is too cumbersome. He suggested that the language be changed to deal with the very simple uses easier. Mr. Plotz added that the City Council has discussed these types of simple uses and agree that the language should be "lightened up" for these uses. Staff and legal counsel can review this section and propose revised language for the Commission to review. Mr. Clay proposed that the City create simple use guidelines and consider dealing with these requests on a permit issuance basis. It was clarified by legal counsel that Hutchinson Utilities does not need a franchise to operate as the City is not required to grant itself a franchise. The language allows a private or other utility provider, such as electric, to seek a franchise from the City to operate in the City limits. There was discussion as to how electric deregulation could affect franchises. 10.03 - This section speaks to the City adopting any "rates, fares or prices to be charged by a public utility". It was questioned if the City has the authority to set rates for public utilities such as a telephone company or cable TV company. Mr. Schieffer clarified that this sentence means that " if' the City were in the business to set rates, they could. Since they do not, this sentence may be left as it reads. 10.04 - This section language specifically states that the City may set rates if they legally may do so by law. Mr. Schieffer will review this section to determine what the law allows in regards to the City actually setting rates for local utilities. Mr. Carlson informed the Commission that he received a telephone message from Mr. Steve Cook inquiring about submitting charter questions to the Commission. Mr. Carlson responded to Mr. Cook also by telephone message and asked Mr. Cook to present any questions or issues he has to the Commission in writing. Mr. Clay asked that Mr. Carlson respond to Mr. Cook's request in writing. Motion by Auger, second by Peterson to adjourn the meeting at 5:40 p.m. The Commission will resume its review of the Charter at the meeting scheduled for Monday, July 16. • 4 (a) 3 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 15, 2001 • 1. CALL TO ORDER 5:31 P.M. The meeting was called to order by Chairman Arndt at 5:30 p.m. with the following members present: Jason Olson, Jim Haugen, Dean Kirchoff, Lynn Otteson, and Jeff Jones. Also present: Julie Wischnack, AICP, Director of Planning /Building /Zoning; Heather Bieniek, Planning Coordinator, and Dick Schieffer, City Attorney. Member absent: Brandon Fraser CONSENT AGENDA Mr. Jones moved to approve the minutes for the April 17, 2001 meeting as submitted. Mr. Haugen seconded the motion. Motion carried. 3. PUBLIC HEARINGS a.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO PUT UP A U PRIVACY FENCE AS REQUESTED BY EDOUARD VERDON AND MARTINE FORTIN IN THE FRONT YARD, LOCATED AT 715 SHILOH ST. NW. Chairman Arndt opened the hearing as published in the Hutchinson Leader on Tuesday, May 3, 2001. Ms. Bieniek presented the request and stated that the applicants changed their request from the original plans. She stated that staff recommended approval with the condition the owners would have to set • the fence back at least 5 feet from the property line. Mr. Kirchoff moved to close the public hearing. Mr. Olsen seconded the motion. The motion to close the hearing carried unanimously. Mr. Kirchoff moved to approve the conditional use permit with the following conditions: 1.) If for any reason utilities need to be installed on the property and the fence would have to be taken down, replacement would be at the owners expense. 2.) The fence would be installed at least 5 feet from the property line and no higher than 6 feet. 3.) The finished side of the fence must face the exterior lot lines. Ms. Otteson seconded the motion. Motion to approve carried unanimously. b.) CONSIDERATION OF A VARIANCE TO HAVE MORE THAN ONE ACCESSORY BUILIDING IN A R -1 DISTRICT AS REQUESTED BY DWAYNE ANDERSEN, LOCATED AT 1455 SOUTH GRADE RD. Chairman Arndt opened the hearing as published in the Hutchinson Leader on Tuesday, May 3, 2001. Ms. Bieniek presented the request and stated that staff recommended approval with conditions because of the unique history of the lot. Mr. Haugen moved to close the public hearing. Mr. Jones seconded the motion. Motion to close the hearing carried unanimously. Mr. Haugen moved to approve the variance because of the unique characteristic of the land, with the following conditions: 1.) The owner would use new materials to make the building look more aesthetically pleasing • 2.) The building may not be pole constructed. Mr. Jones seconded the motion. Motion to approve carried unanimously. c.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A 50'X80' POLE BUILDING AS REQUESTED BY CARLIE KARG, LOCATED AT 546 2ND AVE SE. Chairman Arndt opened the hearing as published in the Hutchinson Leader on Tuesday, May 3, 2001. 4(a)4 Minutes Planning Commission — May 15, 2001 Page 2 • Ms. Wischnack explained the request and stated that at the previous public hearing held for this permit the commission stated that a fence should be installed to have a barrier between the residential and the commercial properties. She stated that staff recommended approval with conditions. Kathy Rutski, 216 Huron St., stated that she was concemed about the fence and she wanted to make sure that it was one of the conditions on the permit. Mr. Kirchoff moved to close the public hearing. Mr. Jones seconded the motion. The motion to close the hearing carried unanimously. Mr. Kirchoff made the motion to approve the conditional use permit with the following conditions: 1.) The permit is valid for 6 months. If a building permit has not been requested within that period, the applicant must request an extension prior to expiration. 2.) The building must be constructed as proposed on the site plan. Additionally, grading must also be constructed as proposed 3.) The parking areas for the buildings must be paved prior to receiving a certificate of occupancy for the buildings. 4.) No outside storage is allowed. 5.) Building plans must be signed by a structural engineer. 6.) A fence must be constructed on the south side of property as decided by the applicant and the adjacent property owner and constructed prior to receiving a certificate of occupancy. 7.) A locked dumpster must be provided prior to occupancy of the building. Mr. Haugen seconded the motion. Motion to approve carried unanimously. d.) CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 6' TO 2' FOR THE CONSTRUCTION OF A GARAGE ADDITION AS REQUESTED BY BRUCE SCHULTZ, LOCATED AT 545 MAIN ST S. • Chairman Amdt opened the hearing as published in the Hutchinson Leader on Tuesday, May 3, 2001. Ms. Otteson stated that she was going to abstain from discussion and voting. Ms. Wischnack described the request and stated that it was a difficult decision for staff to make, but did recommend denial because of the lack of hardship. Mr. Arndt asked why the utilities were set out so far. Ms. Wischnack replied that they couldn't obtain easements. This property is in an older part of town and easements were never taken into consideration at that time. Mr. Jones asked if the garage was currently located three feet from the property line instead of two would the addition be acceptable. Ms. Wischnack relied that it would not unless he would go through a conditional use process instead of a variance and the garage was replaced. Mr. Schultz, property owner, stated there are no other areas he could build a garage this size on his property without taking out some trees. He also stated that he wanted to keep the same look as the house and the current garage. Mr. Amdt asked how close he would be to the oak tree next to his garage. Mr. Schultz replied there was a retaining wall and he would not damage the tree. June Wick, 535 Main St. S., stated that she has a small lot and that the garage addition would limit what she could do with her property. Mr. Haugen stated that an 8' x 12' addition is a decent size. He asked if Mr. Schultz would be able to cut back a couple feet and make it a standard size. Mr. Schultz replied that he is a handyman, he has a table saw, a boat, vehicles, gardening supplies and misc. items, he would like the 8' x 12'. Mr. Haugen moved to close the hearing. Mr. Olsen seconded the motion. The motion to close the hearing carried unanimously. 4(a)4 Minutes Planning Commission — May 15, 2001 Page 3 • Mr. Kirchoff moved to deny the variance based on the lack of hardship. Mr. Olsen seconded the motion. Motion carried 3 -2 (Mr. Arndt and Mr. Haugen) and 1 (Ms. Otteson) abstaining. e.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO REPLACE AN EXISTING GARAGE WITH A GARAGE EXCEEDING 1000 SQ FT., AS REQUESTED BY CRAIG GILL, LOCATED AT 405 HURON ST. SE. Chairman Arndt opened the hearing as published in the Hutchinson Leader on Tuesday, May 3, 2001. Ms. Bieniek explained the request and stated that staff recommended approval with conditions. Craig Gill, property owner, stated that he agrees with the conditions recommended by staff. He had one question about the definition of outside storage, he has 6 vehicles and there will probably be vehicles outside on his driveway. Mr. Jones asked how big his existing garage was. Mr. Gill replied that it was a stall and a half. There was general discussion about the definition of outdoor storage. General agreement that if the vehicles were operable and in use, it was not storage, that would be parking instead. Mr. Haugen moved to close the public hearing. Mr. Kirchoff seconded the motion. The motion to close the hearing carried unanimously. Mr. Haugen moved to approve the conditional use permit with the following conditions: 1.) If any utilities would need to be removed it would be at the owners expense. 2.) No outdoor storage is allowed on the property after the garage is built. 3.) The height of the detached garage may not exceed 16 feet. • 4.) Neighboring properties may not be impacted by run -off from this structure. 5.) All setback requirements must be maintained. Mr. Kirchoff seconded the motion. Motion to approve carried unanimously. f.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO APPROVE A PROPOSED SITE ENTRANCE AND SECURITY BUILDING CONSTRUCTION (which involves grading in the 100 year flood plain) AS REQUESTED BY 3M COMPANY, 905 ADAMS ST. SE. Chairman Arndt opened the hearing as published in the Hutchinson Leader on Tuesday, May 3, 2001. Ms. Wischnack explained the request and stated there would be a major site entrance renovation and the reason for the permit is because the construction would be impacting the flood zone. She also stated that 3M would need a permit from the DNR for impacting waters. Deanna Necas, 542 Monroe St., expressed her concerns via phone on May 15, 2001. Ms. Necas is concemed about her property value dropping, the safety of children, and all the extra traffic on 5'" Ave NW. Ms. Otteson asked Mr. Arndt what they do with the children when they drop them off of the bus. Mr. Amdt replied they watch the traffic, when the traffic is all stopped they will let the kids out. By law traffic has to stop for the bus. Joy Schmidt, 321 Eerie St., stated that she agrees with the lady that called in. Ms. Schmidt commented that it is difficult for pedestrians in general to cross 5' Ave, she would like to see crosswalks, a stop light or a stop sign put in. • Craig Gill, 405 Huron, commented that there are always kids biking in the middle of the road. He stated that there should be something we can do to inform the kids and drivers about safety issues. Ms. Wischnack commented that a neighborhood meeting could be held to discuss safety issues and who has the right of way on the streets. 4(a)4 Minutes Planning Commission - May 15, 2001 Page 4 Darren Schwankl, TKDA, stated that they are anticipating the bypass will help eliminate some of the • traffic. Al Brown, 447 Huron, stated that the traffic is uncontrollable, people drive by going at least 50 miles an hour along 5'" Ave. Ms. Otteson was familiar with property values decreasing and stated that with all the other improvements (park, bridge) the new entrance should not effect the property values around the area. Mr. Jones asked if it was possible to add additional stop signs to the conditional use permit. Ms. Wischnack stated that she would check into it. Mr. Kirchoff moved to close the public hearing. Mr. Haugen seconded it. The motion to close the hearing carried unanimously. Mr. Kirchoff moved to approve the conditional use permit with the following conditions: 1.) Major silt control and other approved protected waters silt prevention methods must be used throughout the construction process. Removal may only be conducted when the site and its vegetation have been restored. 2.) A protected waters permit must be acquired. 3.) The applicants must provide landscaping as provided in the plans dated 4- 10 -01, to meet the screening requirements set forth in Section 10.01. 4.) After construction has been completed, the applicants must supply an as -built certification of the building's lowest level. (Section 8.18.5, subd 4) 5.) Approval of this permit to alter the 100 year flood plain does not guarantee that the new building will never flood. The permit merely allows alteration and movement of materials within the 100 year flood plain. • 6.) Any movement of utilities are at the property owner's expense. Mr. Haugen seconded the motion. Motion to approve carried unanimously. Ms. Wischnack stated that she would check with the City Engineer about the stop signs and lights and other safety issues. g.) CONSIDERATION OF A VARIANCE TO INCREASE THE MAXIMUM CANOPY SIZE ALLOWANCE AND A 48 SQ. FT. VARIANCE FROM THE MAXIMUM TOTAL SQ, FT ALLOWED IN A C-4 DISTRICT AS REQUESTED BY MURPHY OIL (Wal -mart). Chairman Arndt opened the hearing as published in the Hutchinson Leader on Tuesday, May 3, 2001. Ms. Wischnack described the request and stated that staff recommended denial because the applicant does not meet the hardship criteria. They have an alternative to place some signage on Walmart's freestanding sign and the fact that the applicants have a smaller than average building does not constitute a reason to grant a variance. Dan Weese, CEI Engineering, stated that they were not having a convenience store but only a small kiosk. This type of building is unique to the community, his opinion is that the proposed signage is attractive and blends in with the building. Mr. Jones commented that the kiosk's are new and this is the way businesses are going. Mr. Weese commented that some places do not even have a kiosk. Glenn Wright, Murphy USA, commented that they are not interested in the pylon signs, their focus is on the gas and the kiosk. • General discussion about canopy signage and building signage. Mr. Schieffer stated that with a variance, you need a hardship based on the unusual size, shape, or topography of the land not the size of structure, which could be changed at the owner's discretion. The planning board can amend the sign ordinance but not issue the variance. 4(a)4 Minutes Planning Commission — May 15, 2001 Page 5 . Mr. Jones asked Mr. Wright what their time frame was on building. Mr. Wright replied that they are close to pulling the building permit and after that probably about 50 days start to finish. Mr. Schieffer stated that Murphy USA could put up the allowed signage so they can open their store and than later if the code is changed they can change their signs. Mr. Jones asked the applicant if that would be ok if they did not grant the variance and the City went through and reviewed the sign ordinance. Mr. Wright replied they would like to have everything done right of way, if they have to make specialty signs it is an additional cost on their part and he was unsure of how much. Mr. Jones moved to close the public hearing. Ms. Otteson seconded the motion. The motion to close the hearing carried unanimously. Mr. Jones moved to approve the variance with the proposal that Murphy USA presented and with the condition the code be reviewed. He also stated that the hardship would be, Murphy USA has a small building and because of that the code treats them unfair. There was no second to the motion, motion died. Mr. Olsen moved to deny the variance because of staff recommendations and Mr. Schieffer's comments. Mr. Haugen seconded the motion. The motion carried 5 -1 with Mr. Jones voting against the motion. Mr. Haugen asked staff if they would look at the sign ordinance. Ms. Wischnack replied that staff would look at the gas station part of it and report back to the board. 4. NEW BUSINESS • a.) CONSIDERATION OF A LOT SPLIT LOCATED AT HWY 15 AND FREEMONT AVE (PLAZA 15) AS REQUESTED BY THE CITY OF HUTCHINSON. Ms. Wischnack described the request of the lot split for the proposed Events Center. Ms. Otteson asked what the purpose of the split was for. Mr. Schieffer replied that it is for the City's protection. The City of Hutchinson received a grant from the state, which is financed with a 30 year bond. If the City happens to violate any of the terms the state would want their money back. With the lot split the whole shopping center is not covered, just the portion where the Events Center would be. Mr. Kirchoff moved to approve the lot split. Mr. Haugen seconded the motion. Motion to approve carried unanimously. b.) CONSIDERATION OF A LOT SPLIT LOCATED AT 1125 CHEYENNE ST. SW, AS REQUESTED BY EARL OLSON. Ms. Bieniek presented the information for the proposed lot split. Mr. Jones made the motion to approve. Mr. Kirchoff seconded the motion. Motion to approve carried unanimously. 5. OLD BUISINESS • a.) Discussion about Country Club Terrace Ms. Wischnack stated that Jeff Munsell and Bill Block were here to discuss the property known as Country Club Terrace. Mr. Block stated that in 1987 he purchased the property. Now 14 years later we are telling him he 4 (a) Minutes Planning Commission — May 15, 2001 Page 6 needs to meet the 30' setback. He stated that he wants to work with the City. There are currently 73 lots around the perimeter. Mr. Munsell stated that he appreciated the work that Ms. Wischnack has done and he hopes to work something out. Ms. Wischnack stated that a complaint came in so she researched and discovered that they (mobile homes) were not meeting the setback requirements and now the City is acting on it. General discussion about previous issues regarding Country Club Terrace. Ms. Wischnack stated that the property owner needs to apply for a variance and a public hearing will be held. She stated the lot is not platted, the location of the driveways and the size of the lots are up to the owner. The commission can not act on anything until this process is in place and a boundary survey is done. 6. COMMUNICATION FROM STAFF a.) DISCUSSION ABOUT URBAN DESIGN GUIDELINES Ms. Wischnack stated that we do not have any design guidelines right now. The more big projects come into town the more of a concern it becomes. She also stated there are lots of affordable things we can do to make a look more aesthetically pleasing. Mr. Kirchoff said he thought it was a good idea. Mr. Haugen commented on our industrial park and said he is for it and Ms. Otteson agreed. General agreement for staff to look into Urban Design Guidelines. Mr. Schieffer stated that all commission members need to be sworn into office. Ms. Otteson was swom in. • 7. ADJOURNMENT There being no further business, Mr. Kirchoff moved to adjourn the meeting at 8:20 p.m. Mr. Jones seconded the motion. Motion carried. I J 4(a)4 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 19, 2001 • 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Amdt at 5:30 p.m. with the following members present: Jason Olson, Brandon Fraser, Jim Haugen, Lynn Otteson, and Jeff Jones. Also present: Julie Wischnack, AICP, Director of Plan ning /Building2oning; Heather Bieniek, Planning Coordinator, and Dick Schieffer, City Attorney. 2. CONSENT AGENDA Mr. Jones moved to approve the minutes for the May 15, 2001 meeting as submitted. Mr. Haugen seconded the motion. Motion carried. 3. PUBLIC HEARINGS a.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO PUT UP A 6' PRIVACY FENCE IN THE FRONT YARD, AS REQUESTED BY LEONARD FISCHER. 850 WALNUT ST. Chairman Amdt opened the hearing at 5:31 p.m. as published in the Hutchinson Leader on Thursday June 7, 2001. Ms. Bieniek presented the request and stated that staff recommended approval if the applicant chooses one of the City Engineer's recommendations. Ms. Bieniek explained the three recommendations from the City Engineer which were: 1. Move the fence so it would be 5' south of the northern property line 2. Take out the first two poles so the fence would start 16 -20 feet to the east 3. Cut the fence down to 30' for the first 16 -20 feet. • Leonard Fischer, property owner, stated that they are willing to accommodate the City's recommendations. He said they will probably cut down the first two poles so they are 30 inches in height. Mr. Fischer stated that if they took out the first two poles they would only be moving back 15' instead of 16', would that be ok. Ms. Wischnack replied that it would be ok. Mr. Jones moved to close the public hearing. Mr. Fraser seconded the motion. The motion to close the hearing carried unanimously. Mr. Jones moved to approve the conditional use permit with staff option number 3 and the following conditions: 1.) If for any reason utilities need to be installed on the property and the fence would have to be taken down, replacement would be at the owner's expense. 2.) The fence would be installed no higher than 6 feet. 3.) The finished side of the fence must face the exterior lot lines. Ms. Haugen seconded the motion. Motion to approve carried unanimously. b.) CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 6 FEET TO 1 FOOT FOR THE CONSTRUCTION OF A NEW GARAGE, AS REQUESTED BY MARK REINARTS, 446 GELN ST SW. Chairman Amdt opened the hearing at 5:37 p.m. as published in the Hutchinson Leader on Thursday, June 7'", 2001. Ms. Bieniek presented the request and stated that staff recommended denial of the variance because • of the lack of a hardship but did recommend approval of a conditional use permit which would locate the new building three feet from the property line with conditions. Mr. Jones asked where the tree was located on the maps. Mr. Arndt asked what type of condition the tree was in. Ms. Bieniek replied that the tree was healthy and in excellent condition. Mark Reinarts, property owner, stated that he has learned a lot through this process and that he agreed 4(a)5 Minutes Planning Commission — June 19, 2001 Page 2 with the conditions presented by staff. • Mr. Arndt asked who owned the fence on the property. Mr. Reinarts replied that the rear fence was his and the side fence was the neighbors. Mr. Jones asked if the garage was going to exceed 1,000 square feet. Mr. Reinarts replied that it would not exceed 1,000 square feet. Mr. Haugen moved to close the public hearing. Ms. Otteson seconded the motion. Motion to close the hearing carried unanimously. Mr. Haugen moved to deny the variance because of the lack of a hardship but approve a conditional use permit with the following conditions: 1.) Building is at least 3 feet from the property line with the overhangs no more than 1 foot from the building. 2.) Building can not be more than 1,000 square feet. 3.) Building can not be used for commercial purposes. 4.) Building can not be pole constructed. 5.) Building may not exceed 16 feet in height (median). Mr. Olsen seconded the motion. Motion to approve the conditional use permit carried unanimously. c.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO PLACE AN PRIMARY BUILDING (10' X 12') ON A LOT THAT IS ZONED C -5 (Conditional Commercial), AS REQUESTED BY CROW RIVER VETERINARY CLINIC, 164 4'" AVE NW. Chairman Arndt opened the hearing at 5:46 p.m. as published in the Hutchinson Leader on Thursday, June 7, 2001. Ms. Wischnack explained the request and stated that one of the main concerns about this permit is the • conflict with the transportation plan. She stated in 2006 MnDOT has proposed to do Highway 7 reconstruction and the lot will probably be bought out by the Department of Transportation. One other issue that staff had is that separate sewer and water will have to be installed on the property. Ms. Wischnack stated that staff recommended denial because of the conflict with the transportation plan and the fact that staff does not feel the building is harmonious with other structures in the area. Mr. Jones asked who would pay for the building to be removed during the highway 7 reconstruction. Ms. Wischnack replied that MnDot would be paying for the removal of buildings. Mr. Jones asked what type of building you would allow on this property. Ms Wischnack stated that to the south of the property you run into floodplain issues. You would have to apply for a permit to alter the floodplain and the lot is small, R would be difficult to say what type of building would be allowed, especially from a transportation perspective. Mr. Haugen asked if they as a commission could add a condition if they would approve the permit, that when the reconstruction takes place the owner would be responsible to remove the building. Ms. Wischnack replied that they could. Ms. Otteson stated that 5 years is a long time to try and make some money on a promising lot, might as well use the lot if it is currently vacant. Mr. Voight agreed and stated that he has to pay $1200.00 in taxes a year for the lot and he admits that he uses part of the lot for his parking lot and signage. He also commented that nothing is in stone with MnDOT so he wants to use the lot as long as he can. Mr. Olsen asked if he (Mr. Voight) has heard any concerns from his neighbors. Mr. Voight replied that he has heard nothing from his neighbors and staff did not receive any complaints from neighboring property owners. • Mr. Haugen asked if there were any other franchises like the one he was proposing in the area. Mr. Voight replied that there was one in Willmar, but nothing around here. It will be an experiment for himself. Kathy Hanneman, 765 Wagner St., asked if a proposed Highway project was grounds to deny a request. Ms. Wischnack replied that it is in the transportation plan, so that is grounds to deny. 4(a)5 Minutes Planning Commission — June 19, 2001 Page 3 Mr. Voight stated that he has no objections to the condition that he would be responsible to move the • building when the Highway 7 project begins. Mr. Haugen moved to close the public hearing. Mr. Jones seconded the motion. The motion to close the hearing carried unanimously. Mr. Jones made the motion to approve the conditional use permit and the alteration of the floodplain with the following conditions: 1.) The property owner must work with the City to move the building back into the lot in an area where it meets the floodplain requirements and setbacks. 2.) When the reconstruction begins on Highway 7 the property owner is responsible for removing the building. 3.) The new building will have its own sewer and water lines. Mr. Fraser seconded the motion. Motion to approve carried unanimously. d.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO BUILD A CHIROPRACTIC OFFICE ON A LOT THAT IS ZONED C -5, AS REQUESTED BY GUY GASPERS, 103 3 RD AVE NW -and - e.) CONSIDERATION OF A PRELIMINARY PLAT TO REPLAT 5 LOTS INTO 2 FOR THE CONSTRUCTION OF A CHIROPRACTIC OFFICE IN A C -5 DISTRICT, AS REQUESTED BY GUY GASPERS. Chairman Arndt opened the hearings at 6:11 p.m. as published in the Hutchinson Leader on Thursday, June 7, 2001. Ms. Wischnack explained the request and stated that the original proposal ran into problems with water and sewer service lines running through the middle of the lots. She stated that Mr. Gaspers will be • purchasing all 5 lots and will plat them into 2. Ms. Wischnack also stated that the applicants have proposed more parking than required, so not to over -pave, they can either reduce the proposed amount or, in the future, have joint parking with the neighboring business. Mr. Arndt asked if the chiropractic lot was raised would it effect the drainage into the car wash lot. Ms. Wischnack replied that it would not because the car wash has a higher elevation and there will be a basin to help capture the runoff. Mr. Haugen asked staff about reducing the recommended front lot setback from 30' to 20', the building would be in line with the car wash. Julie replied that the reduction would be fine Mr. Caspers, property owner, stated that he had a couple questions for staff. He wanted clarification about the easement, if the service lines were to be moved, where would they go to and clarification about the parking reduction. Ms. Wischnack replied that staff suggested the easement so we can take care of issues before there is a problem, in case something would have to be repaired with the service lines there would be no conflicts of who is responsible for costs and damages. Mr. Haugen asked if the City was involved besides the documentation of the easement. Ms. Wischnack replied that the City did not have strong feelings either way. Mr. Haugen stated that the applicant (his client) was concerned about his concrete, parking lot, and who would be responsible if it would have to be tore up. Mr. Schieffer replied that the City can not stipulate the outcome it would have to be an agreement between the owners of the two properties. Mr. Caspers stated that, currently, the property is owned by Neil Jensen but it is soon to be his. At one time the owners of the car wash owned lots 9 -10 and that is why he thinks the service lines run right . through the lots. Mr. Gaspers commented that he is concerned about the fact that if there would be problems with the service lines in the future they would have to tear up his parking lot and possibly his front entrance, would it be possible to move the service lines. Mr. Schieffer replied agreements would b e because it is his land. that the best solution in his mind would be to move the service lines. The decided between the property owners but Mr. Caspers has more leverage 4(a)5 Minutes Planning Commission — June 19, 2001 Page 4 Ms. Wischnack commented that the reason why they probably ran the lines behind the car wash was • because the lot was lower. Mr. Amdt asked where the lines for Hardees go to. Ms. Wischnack replied that she was not sure, but Hardees is at a higher elevation. Mr. Gaspers asked what was meant by "do not over -pave" and stated that some of the parking on the plans are for future parking areas. Ms. Wischnack replied that she did not realize that some of it was for future proposals and said that the City does require a certain amount of open space in the C -5 district and did not want to see the lot covered in pavement. Mr. Haugen asked if the storm sewer was privately owned. Ms. Wischnack replied that she was not sure but will check into it. Mr. Olson asked if Mr. Caspers had any plans for the lot that he was going to replat. Mr. Caspers replied that he did not at this time but promised it will be something that will benefit the City. Ms. Otteson moved to close the public hearing for the conditional use permit. Mr. Jones seconded the motion. The motion to close the hearing carried unanimously. Mr. Olson moved to close the public hearing for the preliminary plat. Mr. Jones seconded the motion. The motion to close the hearing carried unanimously. Mr. Olson moved to approve the preliminary plat with the following conditions: 1.) The applicant must submit and gain approval for the final plat before a certificate of occupancy will be issued for the building. 2.) Applicant must address service line issues with the neighboring property owner. Ms. Otteson seconded the motion. Motion to approve carried 5 -0 with Mr. Haugen abstaining. Mr. Olson moved to approve the conditional use permit with the following conditions: 1. Reduce the parking so they do not "over pave" the property, or consider a shared parking agreement with the lot to the west when it is sold. 2. Plant the required trees within 6 months of the certificate of occupancy. 3. Provide for lighting that matches the downtown lighting standards. 4. All parking must be paved at the time of the certificate of occupancy. 5. Sewer and Water (SACMAC) charges will be due at the time of building permit ($1,750). 6. Submit drainage plans at the time of building permit. The plans must be approved by the City Engineer. 7. Special attention must be given to the electrical lines in the area, because they contain very high voltage. 8. Water services are available for each lot, although they are small lines and may not accommodate uses such as lawn irrigation. 9. If any service lines are to be moved, this would be at the owner's expense. Flood Plain Alteration: 1. The alteration can not negatively impact drainage to other properties or to the public right of way. 2. The building elevation must be at a minimum of 1046.2. This elevation must be certified after the building is constructed. Mr. Jones seconded the motion. Motion to approve carried 5 -0 with Mr. Haugen abstaining. f.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO MOVE THE CHAMBER OF COMMERCE BUILDING FROM THE PRESENT LOCATION TO 145 GLEN ST SW, AS REQUESTED BY RICH WESTLUND. Chairman Arndt opened the hearing at 6:40 p.m. as published in the Hutchinson Leader on Thursday, June 7, 2001. Ms. Wischnack explained the request and stated that the City code requires a conditional use permit when moving a building. Ms. Wischnack also stated that the new home for the Chamber is on Main 4(a)5 Minutes Planning Commission —June 19, 2001 Page 5 Street and the old building will probably be used for office space. Ms. Wischnack commented that there • is no sewer on 2 ntl Ave or Glen St. so they will have to hook up through the alley and the property owner will also have to pay SAC and WAC fees. Ms. Otteson asked when the building is proposed to move. Mr. Westlund replied they are trying to get a hold of the mover, but hope to have it completed by mid August. Mr. Westlund also commented that they plan on having a lower unit (basement) connected to the building and will probably move the building closer to the street than what was proposed. Ms. Wischnack commented that her and the property owner have discussed moving the building closer to the road so it will match the other buildings in the area and they can put their garbage receptacles and employee parking behind the building. Mr. Haugen asked what the setback is for parking lots in this area. Ms. Wischnack replied that there is none but they recommended 5'. Mr. Haugen asked if the neighboring lot is zoned residential. Ms. Wischnack replied that it is not, it is zoned commercial with a non - conforming use. Mr. Haugen moved to close the public hearing. Mr. Jones seconded the motion. The motion to close the hearing carried unanimously. Mr. Fraser moved to approve the conditional use permit with the following conditions: 1. Must follow submitted plans that stipulates the route the building will be moved. 2. There must be sidewalk connections made to the street sidewalks. 3. The sidewalk must repaired after construction. 4. The parking area should be constructed further away from the northern property line to accommodate snow storage. 5. A drainage plan must be submitted with the building permit. 6. All parking areas must be paved at the time of the Certificate of Occupancy. 7. Footing and foundation plans must be submitted and approved prior to moving the building. Mr. Haugen seconded the motion. Motion to approve carried unanimously. g.) CONSIDERATION OF A CONDITIONAL USE PERMIT AND A VARIANCE TO CONSTRUCT A POLE CONSTRUCTED BUILDING IN AN 1 -2 DISTRICT, AS REQUESTED BY NGR, LLC, 1025 5 AVE SE. Chairman Arndt opened the hearing at 6:50 p.m. as published in the Hutchinson Leader on Thursday, June 7, 2001. Ms. Wischnack presented the request and stated that staff recommends approval of phase I but not phase II because of the uncertainty of the future use. She stated that the owners will have to pay SAC and WAC fees at the time of the building permit. Sharon Daniels, 1165 13' Ave NW, asked how big the building is proposed to be. Laurie Gelschus replied that phase I would be 60'x84' and phase II is proposed to be 60'x120'. Ms. Gelschus stated that that they are anticipating phase II to be warehouse space. Ms. Wischnack stated that the City is concerned about what will be inside the building and that a conditional use permit expires 6 months after approval if no construction has been started. Ms. Gelschus commented that they are anticipating to start construction within 6 months. She stated they have people interested in renting the space. Mr. Jones asked if the phases have to be approved separately. Ms. Wischnack replied that they do not have to be approved separately but then you lose the process of adding conditions and controlling what • is in it. She also stated that it is a narrow lot so they will have a hard time figuring out where the trucks will be able to maneuver the easiest. Mr. Jones asked who they are planning on renting to. Ms. Gelschus replied that they are hoping to have Mediacom use the phase I development and phase 11 a tool and die place expressed interest. Mr. Jones moved to close the public hearing. Mr. Fraser seconded the motion. The motion to close the 4(a)5 Minutes Planning Commission — June 19, 2001 Page 6 hearing carried unanimously. • Mr. Jones moved to approve Phase I with staff recommendations. There was no second to the motion, motion died. Mr. Fraser moved to approve the conditional use permit and the variance with the following conditions: 1. Tree planting must be accomplished at a rate of 1 tree per 800 square feet of landscaped area. 2. Hydrants must be installed along the western property line, in the location identified on the site plan. 3. Future expansion requires an amendment to the Conditional Use Permit. 4. All driving lanes and parking areas must be paved prior to certificate of occupancy. 5. Drainage must not be increased by the development. The ponding area has been identified on the site plan. Approval of the side yard variance for a circulation drive based on the hardship that the lot width is narrow and does not meet the present subdivision standards for this district. The motion carried 5 -0 with Mr. Haugen abstaining. 4. NEW BUSINESS Ms. Wschnack stated that she had to leave. The sign ordinance request for Murphy Oil has to be decided by August 24"'. a.) CONSIDERATION OF A LOT SPLIT LOCATED AT 1150 13 AVE NW AS REQUESTED BY HAZEL 0 DANIELS. Ms. Bieniek presented the request for the lot split and stated that there was an accessory building on the split lot which is only allowed with a conditional use permit. The Planning Commission would have to decide if the applicant would have to go through a separate conditional use process or if they will approve it with the lot split request. Ms. Otteson asked if there was only sewer and water hook -up to parcel A. Sharon Daniels replied that there was another hook -up at 13' St. Ms. Otteson moved to approve the lot split and the conditional use permit at this time with the following conditions: 1.) The property owner is responsible for changing the appropriate deeds and the transfer of the title. 2.) The accessory building on the split lot can not be used for commercial purposes. 3.) The lot line must be at least 6 feet from the accessory building. Mr. Jones seconded the motion. Motion to approve carried unanimously. 5. OLD BUSINESS a.) Discussion about gas station sign ordinance Mr. Jones stated that he likes Bloomington's gas station sign ordinance the best and he thought Mankato's was not descriptive enough. • General discussion that we have to make it clear if the color is part of the sign or if it is just the logo. Ms. Otteson stated that any info we can get together before the next meeting would be extremely helpful. 4(a)5 Minutes Planning Commission — June 19, 2001 Page 7 • 6. COMMUNICATION FROM STAFF 7. ADJOURNMENT There being no further business, Mr. Jones moved to adjourn the meeting at 7:25 p.m. Ms. Otteson seconded the motion. Motion carried. 11 • 4(a)5 BOARD OF DIRECTORS MEETING — June 19, 2001 • Hospital — Conference A/B — 5:30 PM Present Chairperson, Bob Peterson; Vice Chairperson, Steven Snapp; Secretary; Wayne Fortun; Duane Hoversten, Trustee; Pastor Randy Chrissis, Trustee; Paulette Slanga, Trustee; Dr. Jim Allen, Chief of Staff/Trustee Others Present Phil Graves, President; Linda Krentz, Burns Manor Nursing Home Administrator; Robyn Erickson, Care and Program Support Services Division Director; Pam Larson, Finance, Information and Material Services Division Director; Doug Hanneman, Editor Hutchinson Leader, Dr. Bill Goodall, Allina Vice President Medical Affairs; Dori Johnson, Hutchinson Auxiliary President; Betty Stras, Foundation Director; and Corrinne Schlueter, Recorder. Chairperson Bob Peterson called the meeting to order at 5:35 PM. Dori Johnson, President, of the Hozpital Auxiliary gave a presentation on the status of the Hospital Auxiliary. Dori was the first President and helped organize the Auxiliary has been the President for the past 23 consecutive years. There are approximately 500 members in the Hospital Auxiliary. The statistics from the Auxiliary are as follows: (Approximate annual hours) Thrift Shop — 10,036 volunteer hours. • Coffee Shop — 3,120 volunteer hours. Hospital Messenger (mail delivery service) — 520 hours. Information Desk — 2,080 hours. Same Day Surgery Desk— 1,040 hours. Employee Lunchroom Cashier — 780 hours. Hospital Auxiliary Smock Committee — 312 hours Hospital Auxiliary Memorial Board — 104 hours. Hospital Auxiliary Historian — 104 hours Hospital Auxiliary Gift Shop — 1,300 hours Baby Stockings — 60 hours Juice/Pop Delivery — 520 hours Johnson explained the "Vial of Life" project which was started this year. It is a small plastic vial that has all prescription and health information on it and kept in your car or in your refrigerator at home. In the case of a health emergency, all necessary information is immediately accessible for the first responders. During May, earnings were as follows: $3,824.55 in the coffee shop; $592.73 in the Gift Shop; $2,869.58 in the Thrift Shop; Beanie Babies (at the hospital) net about $2,900 /month; and the month of May at Burns Manor the total amount of sales was $432.40. At the present time Johnson stated the balance in the Auxiliary Checking Account was $15,183.23; Savings Account - $173,937.13 and a Certificate of �J 4(A)6 Board of Directors Meeting — 6/19/2001 Page two Deposit in the amount of $52,246.92. The Auxiliary has contributed over one million dollars to the hospital since it's beginnings. Peterson, on behalf of the board, congratulated and thanked Johnson on the excellent job she has done in leading the Auxiliary. I. Minutes of Past Meetings. The minutes of the May 15, 2001, were presented and discussed. • Following discussion, Chrissis made a motion, seconded by Fortun to approve the minutes of the May 15, 2001, meeting. All were in favor. Motion carried. II. Medical Staff Meeting Minutes and Credentialing Dr. Allen reported on the activities of the Medical Staff, including the credentialing process. Credentialing recommendations were made for the following practitioners. Provisional to Courtesy: Paul Higgs MD Psychiatry Provisional to Allied Dependent Sherry Riemann Dental Assistant Kathy Trimbo Dental Assistant Reappointment: Richard Levey, MD Paneer Manickam, MD Paul Mittlestadt, MD Tracy Powell, MD Elmer Salovich, MD Resignation: Richard Golden, MD Radiology Internal Medicine Emergency Emergency Orthopedic Neurology Courtesy Courtesy Active Courtesy Courtesy Courtesy Courtesy Miscellaneous: Joanne Kockelmann, Ortho Tech • The Ortho Tech privilege list is revised regarding "Rounding" as per March 2001 Executive Committee Meeting. • Dr. Gesensway has reviewed and signed off. • 4 (a) 6 Board of Directors Meeting — 6/19/2001 Page three Dr. Allen reported on Dr. Manickam's reappointment and that he would be leaving in a month to practice at the Marshfield Clinic, Marshfield, Wisconsin. • Following discussion, Chrissis made a motion, seconded by Hoversten to grant membership and privilege to the above listed practitioners, as recommended by the Executive Committee of the Medical Staff. All were in favor. Motion carried. III New Business. A. Capitol Campaign. Betty Stras, our Foundation Director, gave a -presentation on a possible Capitol Campaign that is being contemplated by the Foundation. She reported Graves had approached the Foundation to assess their willingness to engage a consultant to assist with a multi - million fund raising campaign. If considered the Foundation would be willing if HAHC would split the fund raising expense equally. She reported the campaign would have many other benefits for the Foundation including, but not limited to the following: • The start of a formal planned giving program. • The start of an improved recognition program — beyond memorial giving. . The long -term goal would be to provide funds for future HAHC expansion and ongoing operating expenses of the Foundation. Stras discussed the process that is being proposed by the consulting firm of Jackson and Associates. The first phase would be an assessment to determine the amount money that would be feasible to be raised from a capital campaign. The methods to be used are as follows: • Select 40 key affluent and influential leaders within the community. • Interview them, privately and confidentially. • Compile and analyze results of the interviews, along with information collected independently by Jackson & Associates. • Results returned to HAHC and HAFHC with recommendations. Board members had several questions about the process including defining the scope of the projects to be financed. Discussion ensued about first determining the size and scope of the project and a review of the 5 year financial and master site plan before debt or equity financing could be considered. Graves reported the reason the campaign was presented for consideration was to assist with preparation of the financing plan. More information will be available at the July meeting. • 4(a)6 Board of Directors Meeting — 6/19/2001 Page four • Following discussion, Chrissis made a motion, seconded by Hoversten to table the fund raising request until the July meeting. All were in favor. Motion carried. B. Compliance Policies Larson distributed the organizational Compliance Policy and informed the board of its content and purpose. Board members were afforded the option of reviewing and acting on the document at the meeting or to allow for more time to review the content of the policy and table until the July meeting. • Following discussion, Fortun made a motion, seconded by Snapp to table action on adoption of the organizational Compliance Policy until the July meeting. All were in favor. Motion carried. C. Facility Services Planning Proposal. Graves provided a status report on the work that Health Planning and Management Resources has completed thus far in assisting with Senior Care planning. When this firm was hired we were aware that additional architectural and financial planning would need to be done. Graves received a proposal from Facility Planning Services, to assist with developing the site planning of various scenarios of senior care living arrangements. These scenarios will help determine the most desirable location and design for senior care living facilities on the site of the current Nursing Home or Hospital sites. A project cap on the proposal will not exceed $15,000. • Following discussion, motion was made by Fortun, seconded by Slanga to hire Facility Planning Services at a cost not to $15,000 for Senior Care site planning. All were in favor. Motion carried. D. First Quarter Environment of Care Report Graves provided a detailed explanation of the first quarter environment of care report. • Following discussion, Chrissis made a motion, seconded by Snapp, that the Governing Board receive this report from the Safety Committee and concur with the recommendations of the committee. All were in favor. Motion carried. IV. Organizational Reports A. President Nothing further to report. B. Acute Care Nothing further to report. 4(a)6 Board of Directors Meeting — 6/19/2001 Page five C. Care and Program Support. Erickson reported the nursing strike is still going on at Fairview. The LPN contract is not due until October and we are looking at a 3 — 4 per cent increase at that time. D. Community Care. Nothing further to report. E. Finance, Information and Material Services The Medicare Auditor was here and completed the Field Audit for 1998. It will take several months for the final settlement to be determined. F. Senior Care The plan of correction has been submitted in response to the recent State visit. A revisit is contemplated within the next few weeks. Quality Committee Report The Quality Committee was cancelled this month and rescheduled for July 12, 2001. Renee Schmitz will be at that meeting. Allina Management Report Goodall reported on the nurses' strike in the metro area. Goodall also reported a finalist candidate is being considered to replace O'Connor's position. Accounts Payable The accounts payable and cash disbursements were presented for payment. • Following discussion, Slanga made a motion, seconded by Snapp, to approve the accounts payments and cash disbursements in the amount of $1,411.583.97. Hoversten abstained, all others were in favor. Motion carried. Statistical Report Graves presented the May statistics. Of special mention was the record month for ER visits. Several areas were trending higher than expected. The full time equivalents/ adjusted admission for the month of May, was at an all time low. Financial Report Larson provided the financial report for the month of May 2001, which showed a net income $157,443 compared to a budget of $192,913. Hospital Auxiliary Meeting Minutes The Hospital Auxiliary Meeting Minutes were presented. No unusual comments were made. Motion by Hoversten, seconded by Fortun to adjourn the meeting. Respectfully submitted, Corrinne Schlueter Recorder Wayne Fortun Secretary r� U 4 (a) 6 7/13 P 2:01 PM Final HUTCHINSON AREA HEALTH CARE Comparative Balance Sheet As of June 30, 2001 ASSETS Current Assets 1 Cash and Investments - Operations 2 Cash and investments - Self- Insured 3 Subtotal cash & Investments 4 PatienVResident receivables 5 Allowances for bad debts 6 Advances and contractual allowances 7 Net patient/resident and third -party 8 payer receivables 9 10 Other receivables - net 11 Inventories 12 Prepaid expenses (A) (B) (A) - (B) JUNE MAY JUNE Change 2001 2001 2000 CY vs PY $4,172,974 $3,504,924 $4,295,641 (122,667) 135,289 146,739 526,399 (391,110) $4,308,263 $3651,663 $4,822,040 (513,777) 15,052,624 14,943,432 13,783,972 1,268,652 (2,979,803) (2,808,598) (2,864,651) (115,152) (5,163,705) (5,186,198) (2,738,274) (2,425,431) $6,909,116 $6,948,636 $8,181,047 (1,271,931) 70,256 56,459 283,325 (213,069) 583,621 598,042 646,758 (63,137) 137,925 184,978 94 43,093 (ABILITIES AND FUND BALANCES Current Llabillties Current maturities of Long term debt Accounts payable - trade Estimated contractual settlements -net Accrued expenses - Salaries PTO Interest Self - Insured programs MN Care lax payable Deferred liabilities Deferred revenue 13 Total Current Assets $12,009,181 $11,439,778 514,028,002 (2,018,821) Total Current Liabilities 1,104,296 65,749 294,522 14 Board Deslgnated/Funded Depreciation Investments $6,555,598 $6,543,978 $6,113,132 442.466 512,402 (112,715) 97,520 15 Investment in Joint Ventures $69,885 $69.885 $89,454 (19,569) - 78,074 28,687 0 (10,643) Plant Assets 5,167 16 Land $165,696 $165,696 $165,696 (0) 17 Buildings 26,936,567 26,927,813 23,427,042 3,509,525 18 Accumulated depreciation (9,821 371) (9,744,380) (8 882 051) (939 320) Long -term Debt (less current 19 Buildings less depreciation $17,115,196 $17,183,433 $14,544,991 2,570,205 maluntie5) 20 Equipment 13,415,475 13,298,985 12,712,609 702,866 21 Accumulated depreciation 9,744,526) (9,665,397) (8,842,465) (902.061) 22 Equipment less depreciation $3,670,949 $3.633,588 $3,870,144 (199,195) 23 Cash- constructlon & equipment 0 0 0 0 24 Construction in progress 48,371 32,979 55,796 (7,425) 25 Total Plant Assets $21000,212 $21,015,696 $18,636,627 2,363,585 Fund balance Other Assets 26 Deferred financing costs $92,882 $93,745 $104,081 (11,199) 27 Total Funds _ $39,727,758 $39,163,082 $38971 29 75 6 4 Total Funds F w Finslmnt Pam Larson (A) (8) (A) - (B) JUNE MAY JUNE Change 2001 2001 2000 CY vs PY $689,991 5674,435 $621,584 68,407 1,419,585 1.315,977 1,608,570 (188,985) 912,670 801,927 873.454 39,216 759,818 627,681 652,286 107,532 1,170,045 1 192,926 1,104,296 65,749 294,522 224,572 309,820 (15,298) 399,687 399,687 512,402 (112,715) 97,520 101,355 93,703 3,817 106,761 102,346 78,074 28,687 0 (10,643) (5,167) 5,167 $5,850,599 $5 430,263 $5,849,022 1,577 $14,033,748 $14,1100,904 $14,650,115 (616367) $19,843,411 S79 731,915 $18,472,159 1,371,252 $39,727,758 $ 39,153,082 $38,971,296 756,462 ! ! 7113101 PM Final HUTCHINSON AREA HEALTH CARE Statement of Revenues and Expenses Month and Period Ended June 30, 2001 Finslmnl Pam Larson V CURRENT MONTH YEAR -TO -DATE YEAR -TO -DATE Over (Under) Budget Over (Under) Budget VARIANCE % Revenue Actual Budget Dollars Percent Actual Budget Dollars Percent June 2000 2001 vs 2000 1 In Patient revenue $2,056,216 $2,127,999 ($71,783) -3.d% $13,130,195 $13,154,197 ($24,002) -0.2% $10,877,189 207% 2 Out patient revenue 2,815,776 2,806,610 9,166 0.3% 16,240,890 17,110,241 (869,351) -5.1% 14,285,017 13.7% 3 Resident Revenue 456,039 459,072 (3,033) -0.7% 2,806,042 2,758 179 47,863 1.7% 2,746,160 22% 4 Total patient/resident revenue $5,328,031 $5,393,681 ($65,650) -1.2% $32,177,127 $33.022,617 ($845,490) -2.6% $27,908.366 15.3% Discounts 5 Governmental& Policy Discount 2,193,992 2,210,715 (16,723) -0,8% 13,321,605 13,539,220 (217,615) -1.6% 10855,932 22.7% 6 Free Care 0 6,667 (6,667) - 100,0% 0 40,000 (40 - 100.0% 4,669 100.0% 7 Total deduction from revenue $2,193,992 $2,217382 ($23390) -1.1% $13,321,605 $13,579,220 ($257,615) - 101.6% $10,860,601 22.7% 8 Net patient/resident revenue $3,134,039 $3,176,299 ($42,260) -1.3% $18,855,522 $19443,397 ($587,875) -3.0% $17,047,765 10.6% 9 Other operating revenues 48,545 18,673 29,872 160.0% 142,870 111,924 30.946 226 ° / 151,669 -5.8% 10 Net operating revenue $3,182584 $3,194972 ($12388) -0,4% $18,998,392 $19,555,321 ($556929) .2.8% $17,199,434 10.5% nse 11 Salaries $1,401,317 $1,391,561 $9,756 0.7% $8,384,606 $8,442,215 ($57,609) -0.7% $7,674,447 9.3% 12 Employee Benefits 355,379 353,188 2,191 0.6% 2,161,659 2,131,052 30,607 1.4% 1,787,540 20.9% 13 Professional and Medical Fees 332,244 332,937 (693) -0.2% 2,012,854 1,968,375 44,479 2.3% 1,636,497 210% 14 Utilities, Mince Contracts & Repairs 139,151 152,801 (13,650) .8.9% 914,438 1,030,471 (116,033) -11.3% 829,706 10.2% 15 Food, Drugs & Supplies 415,619 427,225 (11,606) -2.7% 2,546,519 2,602,268 (55,749) -2.1% 2,354,436 8.2% 16 Other expense 85,129 105,607 (20,478) -19.4% 540,338 634,049 (93,711) -14.8% 518,371 4.2% 17 Minnesota Care 28,322 27,321 1,001 3.7% 161,779 163,926 (2,147) -1.3% 132,605 22,0% 18 Bad debt 148,408 54,821 93,587 170.7% 430,148 333,634 96,514 28,9 1 /. _ 267,851 60.6% 19 Interest 41,084 38,161 2,923 7.7% 243,730 230,865 12,865 5.6% 241,283 1.0% 20 Depreciation 155,438 156,808 (1,370) -0.9% 920,337 929,536 (9199) -1.0% 927,175 -07% 21 Total expenses $3,102091 $3,040430 $61661 2.0% $18,316,408 $18,466,391 ($149983) -0.8% $16,369,911 11.9% Excess of net operating revenue - 22 over (under) operating expenses $80.493 $154,542 ($74,049) -47.9% $681,984 $1,088,930 ($406,946) .37.4% $829,523 -17.8% Nonooersting Revenues - 23 Investment income $37,376 $32,133 $5,243 16.3% $300,151 $192,795 $107,356 55.7% $248,406 20.8% 24 Other nonoperating revenue (net) (6,502) (8587) 2,085 -24.3% (42,692) (53,263) 10.571 -19.8% 60,150 - 171,0% 25 Total nonoperating revenue $30,874- $23,546 $7328 31.1% $257,459 $139,532 $117927 84.5% _ $308,556 -16.6% 26 Net Income $111,367 $178,088 ($6Q721) -37.5 $939,443 $1.228,462 ($289,019) -23.5% _ $1,1 -17.5% 27 Patient days 880 814 66 8.1% 5,409 5,128 281 5.5% 4,724 14,5% 28 Resident days 3,423 3,508 (85) -2.4% 21,007 21,448 (441) -2.1% 20,877 06% 29 Percent occupancy- budget beds - Hospital 48.9% 45.2% 3,7% 8.1% 49.8% 47.2% 2.6% 5.5% 43.3% 151% 30 Percent occupancy- budget beds - Nursing Home 92.8% 95.1% -2.3% -2.4% 94.4% 96.3% - .2,0% -2.1% 93.3% 1,2% 31 FTE's 426,1 415.6 10.5 2.5% 415,7 415.6 0.1 0.0% 402.0 3.4% 32 Admissions (adjusted) - Hospital only 530 506 24 4,7% 3,207 3,211 (4) -0.1% 2,943 9.0% 33 Expenses (net) per admission (adjusted) - Hospital only 4,790 4,936 (146) -3.0% 4,691 4,737 (46) -1.0% 4,534 14% 34 Revenue per admission (adjusted) - Hospital only 9,139 9,673 (534) -5.5% 9,106 9,362 (257) -2.7% 8,485 7.3% 35 Net Revenue per admission ( adjusted) - Hospital only 5,001 5,331 (330) -62% 4,953 5,168 (215) -4,2% 0,875 1.6% 36 Discounts as a percent of revenues 41.2% 41.1% 0.1% 0,2% 41.4% 41.1% 0.3% 0.7% 38.9% 6.4% 37 FTE's per 100 admissions (adjusted) - Hospital only 4.8 4.9 -0.1 .2.3% 4.6 4.6 0.0 -0.3% 4.8 -4.2% 38 Days In Net Accounts Receivable 67.8 65.0 2.8 4,3% 87.2 .22.2% 39 Case Mix - Home only 2.65 2.58 0.07 2.7% 2,63 2.58 0.05 1,9% 2.69 -2.2% 40 Nursing Hours / Standardized Day - Home Only 1.16 1.14 0.02 1.8% 1.13 1,14 0.00 -0.4% 1.15 0.0°% Finslmnl Pam Larson V L_r F w 00 0 0 6/21/2001 HUTCHINSON UTILITIES COMMISSION PAGE 1 BALANCE SHEET MAY 31, 2001 r» w x TOTAL w• w ASSETS UTILITY PLANT - AT COST LAND 6 LAND RIGHTS 891,734.75 DEPRECIABLE UTILITY PLANT 62,771,824.97 TOTAL UTILITY PLANT 63,663,539.72 LESS ACCUMULATED DEPRECIATION (23,220,120.46) TOTAL ACCUMIRATED DEPRECIATION (25,220,120_46) CONSTRUCTION IN PROGRESS 3,156,178.51 TOTAL CONSTRUCTION IN PROGRESS 3,i56,178.81 TOTAL UTILITY PLANT DEPREC VALUE 41,599,618.07 RESTRICTED FUNDS d ACCOUNTS FUTLIRE EXPANSION 8 DEVELOPMENT 1,929,063.34 INVESTMENT - GAS RESERVES 432,561.39 MEDICAL INSURANCE 500,000.00 BOND 6 INTEREST PAYMENT 1993 865,381.26 BOND RESERVE - 1993 1,389.320.00 BOND 6 INTEREST PAYMENT 2000 159,9436.69 CATASTROPHIC FAILURE FUND 1,230,000.00 TOTAL RESTRICTED FUNDS A. ACCOUNTS 6,126,312.68 CURRENT 6 ACCRUED ASSETS CASH IN BANK 621,212.43 ACCOUNTS RECEIVABLE 3,937,326.58 OTHER AGCOLKTS RECEIVABLE - 3M 160,330.20 ACCTS RECEIVABLE -ELEC UNDERBILLING 341,250.00 ACCOLKTS RECEIVABLE - CYCLE BILLING 696,965.66 INVENTORIES 763,936.26 PREPAID INSURANCE 128,345.01 ACCRUED INTEREST RECEIVABLE 93,976.53 CLEARING ACCOUNT 186.27 BALES TAX RECEIVABLE 87,226.73 TOTAL CLRRENT 6 ACCRUED ASSETS 6,830,T 5.67 DEFERRED CHARGE BOND DISCOUNT 2000 19,049.03 BOND DISCOUNT 1993 75,797,05 TOTAL. DEFERRED CHARGE 94,846.08 TOTAL ASSETS 34,651,552.50 0 A 1 0 f 6/21/2001 HUTCHINSON UTILITIES COMMISSION BALANCE SHEET MAY 31, 2001 MUNICIPAL EQUITY 8 LIABILITIES MUNICIPAL EQUITY MUNICIPAL EQUITY UNAPPROPRIATED RETAINED EARNINGS TOTAL MUNICIPAL EQUITY LONG TERM LIABILITIES -NET OF CURRENT MATURITIES 1993 BONDS 2000 BONDS LEASE PAYABLES TOTAL LONG TERM LIABILITIES CONSTR CONTRACTS 6 ACCTS PAY RETAIN ACCRUED EXPENSES - RETAINACE TOTAL CONSTRUCTION & ACCTS PAY CURRENT 6 ACCRUED LIABILITIES ACCOUNTS PAYABLE INTEREST ACCRUED ACCTS PAYABLE TO CITY OF HUTCHINSON ACCRUED PAYROLL ACCRUED VACATION PAYABLE ACCRUED MEDICAL FUND ACCRUED REC PAYMENT CUSTOMER DEPOSITS OTHER CURRENT A ACCRUED LIABILITIES TOTAL CURRENT A ACCRUED LIAB TOTAL MUNICIPAL EQUITY 8 LIAB PAGE 2 . . . . TOTAL . . . . 39,121,571.86 716, 81261 39,838,384.47 7,450,000.00 4,000,000.00 176,014.44 11,626,014.44 332.00 5.332.00 2,374,359.79 307,020.13 133,333.34 91,553.83 196,047.37 (130,314.13) 9,307.85 58,585.00 111,628.43 3,181,82i.39 54, 651, °..,°,2.30 0 0 s • 6/21/2001 HUTCHINSON UTILITIES COMMISSION PAGE 1 STATEMENT OF INCOME 6 EXPENSES MAY 31, 2001 PREVIOUS CURRENT BUDGETED BUDGET ANNUAL YEAR TO DATE YEAR TO DATE YEAR TO DATE DEVIATION PUDGET INCOME STATEMENT OFERATING REVENUE SALES - ELECTRIC ENERGY 5,931,349.83 7,875,277.59 6,688,665.00 1,186.612.59 16,054,000.00 SALES FOR RESALE 118,552.00 999,898.50 82.,420.00 917,478.50 634,000.00 NET INCOME FROM OTHER SOURCES 41,495.10 46,023.01 46,970.00 (946.99) 108,500.00 SECURITY LIGHTS 5,054.00 4,925.00 5,460.00 (535.00) 13,000.00 POLE. RENTAL 1,232.50 1,222.00 2,160.00 (938.00) 41000.00 SALES - GAS 3,099,153.70 4,740,499.52 2,749,500.00 1,990,999.52 6,600,000.00 TOTAL OPERATING REVENUE 9,196,837.13 13,667,045.62 9,575,175.00 4,092,670.62 23,413,500.00 OPERATING EXPENSES PRODUCTION OPERATION 445,103.13 321,606.09 371,916.40 50,310.31 998,835,00 PRODUCTION MAINTENANCE 170,602.61 315,532.88 239,790.00 (75,742.88) 463,500.00 PURCHASED POWER 1,906,786.84 5,162,367.73 i,848,OW.oO (3,314,367.73) 4,400,000.00 TRANSMISSION OPERATION 1,400.21 .00 .00 .00 2,500.00 TRANSMISSION MAINTENANCE 12,874.50 70,710.15 43,600.00 (27,110.15) 148,000.00 ELECTRIC DISTRIBUTION OPERATION 158,161.87 178,234.78 143,785.50 (34,449.28) 330,975,00 ELECTRIC DISTRIBUTION MAINTENANCE 77,539.58 80,165.39 83,479.30 31313.91 190,510.00 MFG GAS PRODUCTION OPERATION 262.76 .00 .00 .00 1,250.00 MFG GAS PRODUCTION MAINTENANCE 3,180.94 705.05 1,840.00 1,134.95 4,000.00 PURCHASED GAS EXPENSE 3,603,794.34 4,681,235.61 4,219,320.00 (461,915.61) 10, 046, 000. 01D GAS DISTRIBUTION OPERATION 113,305.08 110,382.42 110,833.74 451.32 263,887.50 GAS DISTRIBUTION MAINTENANCE 38 ,903.80 43,934.15 29,662.81 (14,271.34) 73,663.00 CUSTOMER ACCOUNTING 6 COLLECTIONS 105,855.59 146.858.28 104,721.58 (42,136.70) 268,888.00 ADMINISTRATIVE 6 GENERAL EXPENSES 599,868.68 889,179.99 706,762.81 (182,417.10) 1,832,379.00 DEPRECIATION 747,919.00 761,250.00 738,838.80 (22,411.20) 1,827,000.00 TOTAL OPERATING EXPENSES 7,985,558.95 12,762,162.52 8,642,550.94 (4,119,611.58) 20,851,387.50 OPERATING INCOME 1,211,278.18 905,683.10 932,624.06 (26,940.96) 2,562,112.;:0 OTHER INCOME OTHER - NET 50,957.48 63,253.52 22,40.00 40,303.52 60,000.00 INTEREST INCOME 143,872.48 107,608.27 164,000.00 (56,391.73) 410,000.00 MI SC INCOME 4,147.93 41,037.88 5,700.00 35,357.88 105,000.00 MISC INCOME - GAS WELLS 144,260.15 177,367.31 95,700.00 81.667.31 2901000.00 TOTAL OTHER INCOME 343,238.04 389,286.98 288,350.00 100,936.98 865,000.00 OTHER EXPENSES DEPLETION - GAS WELLS .00 .00 .00 .00 50,000.00 MISC EXPENSES 49,719.70 54,359.48 22,2 (32,109.48) 35,000.00 INTEREST EXPENSE 184,151.05 241,%4.40 231,000.00 (10,984.40) 597,430.00 TOTAL OTHER EXPENSES 233,870.75 296,343.88 253,250.00 (43,093.88) 702,430.00 CONTRIBUTION TO CITY 528,583.34 281,813.59 424,000.00 142,SB6.41 8001000.00 TOTAL CONTRIBUTION TO CITY 528,583.34 281,813.59 424,000.00 142,186.41 8001000.00 NON - OPERATING INCOME (419,216.05) (188,870.49) (388.900.00) 200,029.51 (637,430.00) NET INCOME 792,062.13 716,812.61 543,724.06 173,088.55 1,924,682.50 F w a F 1 9 i 4,262.14 2001 CITY OF HUTCHINSON FINANCIAL REPORT 15,05232 JUNE 2000 2001 2001 EXPENSE REPORT - GENERAL JUNE JUNE MONTHLY OVER (UNDER) YEAR TO 0D5 MOTOR VECHICLE MONTH MONTH BUDGET BUDGET DATE ACTUAL 001 MAYOR & CITY COUNCIL 4,024.93 4,262.14 002 CITY ADMINISTRATOR 17,534.12 15,05232 003 ELECTIONS 105.92 0.00 DD4 FINANCE DEPARTMENT 23,864.93 28,600.99 0D5 MOTOR VECHICLE 11,816.18 14,679.62 006 ASSESSING 0.00 0.00 007 LEGAL 8,299.19 7,651 06 008 PLANNING 11,019.66 9,776.76 009 INFORMATION SERVICES 4,935.70 5,967.15 110 POLICE DEPARTMENT 173,716.79 157,611 78 111 SCHOOL LIAISON OFFICER 7,764.63 5,487.91 115 EMERGENCY MANAGEMENT 163.24 16.97 116 SAFETY COUNCIL 0.00 000 120 FIRE DEPARTMENT 14,161.20 10,000.40 130 PROTECTIVE INSPECTIONS 13,707.50 14,252.10 150 ENGINEERING 31,842.61 33,307.86 152 STREETS & ALLEYS 52,567.33 54,638.57 153 MAINTENANCE ACCOUNT 9,792.33 10,806.25 160 CITY HALL BUILDING 9,667.69 13,29954 201 PARKIRECREATION ADMINISTRAT 11,182.69 12,021.83 202 RECREATION 14,052.23 15,141.71 203 SENIOR CITIZEN CENTER 6,787.23 8,486.93 204 CIVIC ARENA 13,171.84 11,501.87 205 PARK DEPARTMENT 64,894.67 64,815.15 206 RECREATION BUILDING & POOL 8,864.57 9,925.27 207 EVENTS CENTER 0.00 856.19 250 LIBRARY 1,913.18 2,755.63 301 CEMETERY 15,660.27 10,502.86 310 DEBT SERVICE 0.00 52,004.93 321 TRANSIT 4,438.57 7,886.42 320 AIRPORT 1,373.63 16.63 350 UNALLOCATED GENERAL EXPENS 27,872.07 7,144.76 TOTAL 565,194.90 536,467.07 2001 2001 2001 JUNE ADOPTED BALANCE PERCENTAGE BUDGET REMAINING USED 0.00 0.00 18,545.94 60,079.00 41,533.06 30.87% 0.00 0.00 80,661.71 216,077.00 135,215.29 37.42% 0.00 0.00 (4,26) 7,416.00 7,420.26 -0.06% 0.00 0.00 144,716.31 359,991.00 215,274.69 40.20% 0.00 0.00 76,903.83 192,170.00 115,266.17 40.02% 0.00 0.00 36,000.00 36,000.00 0.00% 0.00 0.00 39,740.01 107,810.00 68,069.99 36.86% 0.00 0.00 52,753.08 151,060.00 98,306.92 34.92% 0.00 0.00 29,555.72 91,775.00 62,219.28 32.20% 0.00 0.00 783,708.10 1,965,973.45 1,182,265.35 39.86% 0.00 0.00 31,480.46 119,273.00 87,792.54 26.39% 0.00 0.00 352.09 4,750.00 4,397.91 7.41% 0.00 0.00 250.00 250.00 0.00% 0.00 0.00 67,310.80 343,948.00 276,637.20 19.57% 0.00 0.00 52,004.93 178,399.00 126,394.07 2915% 0.00 0.00 161,367.98 401,578.00 240,210.02 40.18% 0.00 0.00 301,978.89 745,793.00 443,814.11 40.49% 0.00 0.00 108,380.72 281,133.00 172,752.28 38.55% 0.00 O.DO 66,751.92 122,051.00 55,299.08 54.69% 0.00 0.00 79,221.88 174,549.00 95,327.12 45.39% 0.00 0.D0 60,919.94 216,409.00 155,489.06 28.15% 0.00 0.00 36,720.37 109,192.00 72,471.63 33.63% 0.00 0.00 132,474.92 246,587.00 114,112.08 5172% 0.00 0.00 282 ,952.51 770,252.00 487,299.49 36.74% 0.00 0.00 43,132.01 103,982.00 60,849.99 41.48% 0.00 O.DO 1,022.22 37,770.00 36,747.78 2.71% 0.00 0.00 57,777.50 123,170.00 65,392.50 46.91% 0.00 0.00 79,644.77 100,895.00 21,250.23 78.94% 0.00 0.00 27,871.00 27,871.00 0.00% 0.00 0.00 39,48677 (39,486.77) 0.00% 0.00 0.00 16.63 98,669.00 98,652.37 0.02% 0.00 0.00 110,074.03 907,011.00 796,936.97 12.14% 0.00 0.00 2,939,851.78 8,301,883.45 5,362,031.67 35.41% • 91,268.32 99,289.98 0.00 0.00 509,824.26 1,344,429.00 834,604.74 Public Safety 209,513.36 550,083.33 0.00 0.00 934,656.38 2,612,593.45 1,677,737.07 35.78% 2001 94,202.27 CITY OF HUTCHINSON FINANCIAL REPORT 0.00 0.00 571,727.59 1,428,504.00 JUNE 2000 2001 136,526.68 122,748.95 2001 0.00 636,443 85 1,658,741.00 REVENUE REPORT - GENERAL JUNE JUNE MONTHLY OVER (UNDER) YEAR TO ADOPTED BALANCE PERCENTAGE 286,999.70 1,257,616.00 MONTH MONTH BUDGET BUDGET DATE ACTUAL BUDGET REMAINING USED TAXES 931,507.12 (34,194.48) 0.00 0.00 (29,945.09) 2,502,814.00 2,532,759.09 - 1.20% LICENSES 670.00 1,030.00 0.00 0.00 22,245.00 34,600.00 12,355.00 64.29% PERMITS AND FEES 74,665.51 33,428.89 0.00 0.00 128,914.79 245,700.00 116,785.21 52.47% INTERGOVERNMENTAL REVENUE 5,393.18 13,860.03 0.00 0.00 62,205.17 2,587,814.00 2,525,608.83 2.40% CHARGES FOR SERVICES 95,086.68 71,849.60 0.00 0.00 434,459.46 1,238,08000 803,620.54 35.09% FINES 8 FORFEITS 5,209.20 0.00 0.00 0.00 18,706.11 60,000.00 41,293.89 31.18% INTEREST 3,353.54 7,017.99 0.00 0.00 53,545.27 60,000.00 6,454.73 89.24% REIMBURSEMENTS 40,020.47 (24,789.68) 0.00 0.00 4,736.35 129,175.00 124,438.65 3.67% TRANSFERS 190,806.97 1,615.72 0.00 0.00 211,580.23 1,442,700.00 1,231,11977 14.67°x6 SURCHARGES - BLDG PERMITS (2,615.30) (1,403.28) 0.00 0.00 18.64 1,000.00 981.36 1.86% TOTAL 1,344,097.37 68,414.79 0.00 0.00 906,465.93 8,301,883.00 7,395,417.07 10.92% General Govt 91,268.32 99,289.98 0.00 0.00 509,824.26 1,344,429.00 834,604.74 37.92% Public Safety 209,513.36 187,369.16 0.00 0.00 934,656.38 2,612,593.45 1,677,737.07 35.78% Streets & Alleys 94,202.27 98,752.68 0.00 0.00 571,727.59 1,428,504.00 856,776.41 40.02% Parks & Recreation 136,526.68 122,748.95 0.00 0.00 636,443 85 1,658,741.00 1,022,297.15 38.37% Miscellaneous 33,684.27 28,306.30 0.00 0.00 286,999.70 1,257,616.00 970,616.30 22.82% TOTAL 565,194.90 536,467.07 0.00 0.00 2,939,85178 8,301,883.45 5,362,031.67 35.41% w • ! a 2001 CITY OF HUTCHINSON FINANCIAL REPORT 2001 JUNE 2000 2001 2001 2001 2001 JUNE REVENUE REPORT - GENERAL JUNE JUNE MONTHLY OVER (UNDER) YEAR TO ADOPTED BALANCE PERCENTAGE MONTH MONTH BUDGET BUDGET DATE ACTUAL BUDGET REMAINING USED TAXES 931,507.12 (34,194.48) 0.00 0.00 (29,945.09) 2,502,814.00 2,532,759.09 -1.20% LICENSES 670.00 1,030.00 0.00 0.00 22,245.00 34,600.00 12,355.00 64.29% PERMITS AND FEES 74,665.51 33,428.89 0.00 0.00 128,914.79 245,700.00 116,785.21 52.47% .INTERGOVERNMENTAL REVENUE 5,393.18 13,860.03 0.00 0.00 62,205.17 2,587,814.00 2,525,608.83 2.40% CHARGES FOR SERVICES 95,086.68 71,849.60 0,00 0.00 434,459.46 1,238,080.00 803,620.54 35.09% FINES & FORFEITS 5,209.20 0.00 0.00 18,706.11 60,000.00 41,293.89 31.18% INTEREST 3,353.54 7,017.99 0.00 0.00 53,545.27 60,000.00 6,454.73 89.24% REIMBURSEMENTS 40,020.47 (24,789.68) 0.00 0.00 4,736.35 129,175.00 124,438.65 3.67% TRANSFERS 190,806.97 1,615.72 0.00 0.00 211,580.23 1,442,700.00 1,231,119.77 14.67% SURCHARGES - BLDG PERMITS (2,615.30) (1,403.28) 0.00 0.00 18.64 1,000.00 981.36 1.86% TOTAL 1,344,097.37 68,414.79 0.00 0.00 906,465.93 8,301,683.00 7,395,417.07 10.92 41 w • 20 -Jul -01 Institution Description Interest Rate CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT 8710181 Date Date Of Of Purchase Maturity Amount US BANK FHLB 5.52% 311/01 9/9/04 370,000.00 Smith Barney FHLB 6.50% 03 23 99 03 23 06 200,000.00 Smith Barney 313400 S H 7 7.17% 04/03/00 04/03/03 300,071.92 Smith Barney FHLB 6.500% 01 0799 01 0709 750,000.00 Smith Barney FHLB 3133m2 -u3 6.245% 02 23 99 02 23 09 300,000.00 Prudential pool 336914 7.226% 1231 96 02 01 2026 64,586.73 Expected life 6.2 years Smith Barney FNMA 6.100% 012098 012005 300,000.00 Prudentail pod 336399 7.270% 1231 96 0201 2026 83,150.83 Expected life 4.1 years Prudential Fed Home Laon 6.00% 01/28/99 01 2809 200,000.00 Smith Barney FNMA 6.13% 03/10/99 03/10/06 500,000.00 Smith Barney FNMA pass thru 7.50% 12/20/95 06/01/02 42,635.35 Prudential Fed Home Loan 6.00% 10/26/01 10!26/01 399,625.00 Prudential FHL 5.79% 11 1898 11 1805 199,750.00 Call 2118/99 and therafter Marquette 5.60% 02 15 01 02 14 02 200,000.00 Smith Barney Money Market 3.65% 6/25101 11/15/01 767,029.12 First Federal 6379 7.500% 07 28 00 0731 01 200,000.00 Prudential FHLM 6.027% 0201 01 08 09 06 200,000.00 Marquette 1231'305 4.660% 5/31/01 5/31102 400,000.00 First Federal 7.000% 091400 09 17 01 1,000,000.00 Marquette 1231 '297 6.260% 0301 00 01 30 02 1,000,000.00 First Federal 6.950% 12 28 00 071201 700,000.00 Marquette 4.950% 5110/01 12/31/01 700,000.00 Marquette 6.650% 11 1700 11 2901 400,000.00 - -- $9,276,848.95 • 4(a) 1- CITY OF HUTCHINSON RESOLUTION NO. 11760 9 DONATING COMPUTER EQUIPMENT TO INDEPENDENT SCHOOL DISTRICT 423 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City of Hutchinson has computer and other data processing equipment, which has been declared unusable to the City. THAT the City wants to donate this equipment to Independent School District 423 the school for educational use of the students and other district needs. THAT the following equipment is hereby transferred as a donation: HIP Vectra VIL Series 4 �Ror/Prjpte r-C N/A SO* No US65055390 D4666B 133 MHz 32 MB HIP Vectra VIL Series 5 N/A US70651177 D4579A 166 MHz 32 MB HP Vectra XL N/A U D4555A 133 MHz 32 MB HIP Vectra XM Series 4 N/A US61152943 D3965A 100 MHz ? HIP Vectra XM Series 4 N/A US61152953 D3965A 100 MHz ? HIP Vectra XM Series 4 NIA US6115 D3965A 100 MHz ? HIP Vectra XM Series — 4 N/A US61152956 D3965A 100 MHz 24 MB HIP Vectra XM Series 4 N/A US61152969 D3965A 100 MHz 8 M HIP Vectra XM Series 4 N/A US61153003 D3965A 100 MHz 40 MB Panasonic CF-25 N/A 7E CF-25DG84CAM P120-133 32 MB Panasonic CF-25 N/A 6KKSA03778 CF-25CG82AAM P120-133 24 MB Panasonic CF-25 N/A 6KKSA03783 CF-25CG82AAM P120-133 24 MB Panasonic CF-25 N/A 7AKSA05492 CF-25CG82AAM P120-133 24 MB Panasonic CF-25 N/A 7EKSA02161 CF-25DG84CAM P120-133 32 MB Power Macintosh 7500/100 Apple Multiple Scan 15 Display FC5456CD3FX M3979 ? ? IBM ThinkPad N/A - 23-CFM42 9545-LOE ? 20 MB N/A Docking Station 97-A5994 3545-001 N/A N/A N/A 10 Headsets - N/A -- 5 - 182-35 - 52 N/A N/A N/A 5 Headset N/A 5183-9500 N/A N/A N/A 6 Headsets with Mic N/A 5064-2673 N/A N/A N/A Dell 10637T0058A5 D1528-LS 14 in. N/A N/A Goldstar --- 2 - 34 — C4400196A 1725 17 in. N/ N/A Goldstar 23 1520 14 in. N/A N/A Goldstar 240C4901060A 1465DL 14 in. N/A N/A Goldstar 258C5902560A 1527 14 in. N/A N/A Goldstar 259J5800226A 1465DLs 14 in. N/A N/A Goldstar 258C5A00050A 1527 NIA NIA N/A HIP Ergo Ultra VGA KR54251294 D2806b 14 in. NIA N/A HP Ergo Ultra VGA KR54364461 D2806B 14 in. N/A N/A HIP Ergo Ultra VGA KR54251313 D2806B N/A NIA N/A HP DeskJet 1200C USC4A09159 C1676A NIA N/A N/A P D eskJet 1200C SGC4B03391 C1676A N/A N/A N/A HIP DeskJet 550C SG3BG27065 C2121A N/A N/A 4 4 4(b) RESOLUTION NO. 11761 • RESOLUTION ESTABLISHING LOCATIONS 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 locations as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes that a traffic control device ]mown as a "STOP" sign shall be erected at the following locations: 1. On Mahogany Ct SW at its intersection with Roberts St SW (North intersection) 2. On Mahogany Ct SW at its intersection with Roberts St SW (South intersection) • Adopted this day of , 2001 by the City Council of Hutchinson, Minnesota. Mayor - Marlin Torgerson City Administrator - Gary D. Plotz I:Tub is WorksWesoMhfons lTRAFFICITratCo3l.doc u 4(b)2 RESOLUTION NO. 11769 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR COMPUTER HUB EQUIPMENT Ask 18,540 REPLACEMENT CAPITAL PROJEC YES MIDWAVE CORP mr The following items were authorized due to an emergency need: ITEM Date Approved: • Motion made by: Seconded by: COST PURPOSE I DEPT. I BUDGET I VENDOR Resolution submitted for Council action by: Ken Merrill, Finance Director 4(b)3 C • DATE: July 18, 2001 Hutchinson City Center 111 Hassan Stmt SE Hutchinson, MN 55350 -2522 320 - 587- 5151/Fax 320 -234 -4240 MEMORANDUM TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT TO DEVELOP PARKLAND IN AN AREA THAT IS CURRENTLY UNDEVELOPED, AS REQUESTED BY THE CITY OF HUTCHINSON, PARKS DEPARTMENT, LOCATED IN THE AREA OF ONTARIO ST. AND 2" AND 3 RD AVE. Pursuant to Chapter 11, Section 8.18 and 6.07, 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 On June 8'", 2001 the City of Hutchinson, Parks department, submitted an application for a conditional use permit to regrade and create additional park amenities at Tartan Park. This improvement is part of a grant that the Parks and • Recreation Department received. FINDINGS OF FACT I . The required application was submitted and the appropriate fee was waved. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on July 5i 2001. 3. At the public hearing held, no neighbors were present to object nor had staff received any written objections. RECOMMENDATION The Planning Commission voted to recommend approval of the conditional use permit contingent on the following conditions: 1. Silt fencing must be installed to properly protect the area from erosion. 2. The Parks Department shall provide a time line for construction. 3. The DNR Hydrologist must provide comment on the request. Respectfully submitted, William Arndt, Chairman Hutchinson Planning Commission • cc: Dolf Moon, Director of PRCE Robert Collett, DNR Hydrologist 4(c)1 Primed on =yc]ed paper - 0 RESOLUTION NO. 11764 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO DEVELOP PARKLAND IN AN AREA THAT IS CURRENTLY UNDEVELOPED, AS REQUESTED BY THE CITY OF HUTCHINSON, PARKS DEPARTMENT, LOCATED IN THE AREA OF ONTARIO ST. AND 2 AND 3 AVE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. City of Hutchinson, Parks Department, has made application to the City Council for a Conditional Use Permit under Sections 8.18 and 6.07 to regrade and create additional park amenities at Tartan Park on property with the legal description: NW '/a of SW 1 /4 except N 2 rods and except W 2 rods 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. • 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the conditional use permit with the following conditions: Silt fencing must be installed to properly protect the area from erosion. The Parks Department shall provide a time line for construction, when available. Adopted by the City Council this 24 day of July, 2001. ATTEST: Gary D. Plotz City Administrator �J Marlin D. Torgerson Mayor 4 (c) 1 CITY OF HUTCHINSON „ PLANNING STAFF REPORT r . To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dick Scheiffer, Dolf Moon, Don Nelson, Gary Plotz, Jean Ward, John Rodeberg, John Olson, John Webster, Lenny Rutledge, Steve Madson, Heather Bieniek, Christie Rock and Julie Wischnack, AICP Date: July 6, 2001 — Meeting Date July 17, 2001 Applic City of Hutchinson (Applicant and Property Owner) Conditional Use Permit Brief Description The City of Hutchinson is proposing to regrade and create additional park amenities at Tartan Park. This improvement is part of a grant that the Parks and Recreation Department received. The plan is provided below. The City Code requires a conditional use permit for disturbance of materials within the floodway of the 100 year flood plain. The 100 year flood elevation in this area is 1040.1. GENERAL INFORMATION • Existing Zoning: R3 and UC Property Location: 5 Avenue — East of Huron Street — Tartan Park Lot Size: NSA Existing Land Use: Park area Adjacent Land Use And Zoning: River, Commercial and Residential Comprehensive Land Use Plan: Park/Open/Public Zoning History: NA Applicable Regulations: Section 8.18 — Flood Plains Section 6.07 — Conditional Uses SPECIAL INFORMATION Parking: The overall park plan includes space for parking area. The parking lots will accommodate the users of this facility. The parking areas will not be . paved with this improvement. (There are no standards within the code for parking within a park area.) 4(C)1 Conditional Use Permit • City of Hutchinson — Tartan Park Improvement Planning Commission Review — July 17, 2001 Page 2 Physical Characteristics: The one - hundred year flood plain is at the 1040.1 elevation. The park improvement area has elevations between 1038 and 1040.10. Analysis: The code provides that parking and play areas are acceptable uses within the 100 year flood plain . The code provides for a conditional use process for movement of material beyond 1,000 cubic yards. This improvement will not negatively impact the flood storage capacity of the 100 year flood plain. Recommendation: Staff met to discuss the proposal and recommends approval of the conditional use permit based on the fact that the proposed use is not for habitation and the approval with be with the following conditions: 1. Silt fencing must be installed to properly protect the area from erosion. 2. The Parks Department shall provide a time line for construction, when available. 3. The DNR Hydrologist must provide comment on the request. • • Cc: Dolf Moon, Director of Parks, Recreation and Community Education Robert Collett, DNR Hydrologist 4(c)1 • Hutchinson City Center 111 Hawn Street SE Hutchinson, MN 55350 -2522 320 - 587- 5151/Fa 320- 2344240 MEMORANDUM DATE: July 19, 2001 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 6' TO 3' AND THE REQUIRED DRIVEWAY SETBACK FROM 5' TO 2' AS REQUESTED BY JASON RUPRECHT, 575 HASSAN ST. SE. Pursuant to Sections 6.04 and 8.05 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On June 20', 2001, Jason Ruprecht, property owner, submitted an application for a variance to reduce the required side yard setback to construct a new garage and widen his driveway. FINDINGS OF FACT • 1. The required application was submitted and the appropriate fee was paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on July 5 ", 2001. 3. At the public hearing held no neighbors were present to object nor had staff received any written objections. RECOMMENDATION The Planning Commission, on July 17, 2001, voted to recommend approval of both of the variances requested based on the hardship of the unique shape of the lot, the location of the home and the fact that the code requires garage space for residential units with the following conditions: I . Any relocation of utility lines are at the owners expense. 2. The plans must follow the submitted site drawings, dated June 20, 2001. 3. Building can not be more than 1,000 square feet. 4. Building can not be used for commercial purposes. 5. The building can not pole constructed. 6. Building may not exceed 16 feet in height. Respectfully submitted, William Arndt, Chairman Hutchinson Planning Commission 0 cc: Jason Ruprecht, 575 Hassan St. SE, Hutchinson, MN 55350 4(c) 2 PIr1 d Oil rUycled paaM - 0 RESOLUTION NO. 11765 RESOLUTION APPROVING A VARIANCE REQUESTED BY JASON RUPRECHT TO REDUCE THE REQUIRED SIDE YARD SETBACK FOR THE CONSTRUCTION OF A NEW GARAGE AND DRIVEWAY, LOCATED AT 575 HASSAN ST. SE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS Jason Ruprecht, property owner, has made application to the City Council for a Variance under Section 8.05 to construct a new garage (24' x 36') 3 feet from the property and to cement his driveway 2 feet from the property line with the following legal description: Lot 12 in Block 1 of Subdivision of Block 16 of Bonniwells 2 " Addition to Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 0 3. The Council has determined that the proposed use is not in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves both variances with the following conditions: 1. Any relocation of utility lines are at the owners expense. 2. The plans must follow the submitted site drawings dated June 20, 2001. 3. Building can not be more than 1,000 square feet. 4. Building can not be used for commercial purposes. 5. Building can not be pole constructed. 6. Building may not exceed 16' in height. Adopted by the City Council this 24" day of July, 2001. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 4(c)2 CITY OF HUTCHINSON PLANNING STAFF REPORT r • To: Hutchinson Planning Commission Prepared By: Planning Staff. Brad Emans, Dolf Moon, Don Nelson, Jean Ward, John Rodeberg, John Webster, Marc Sebora, Lenny Rutledge, Heather Bieniek, Christie Rock, Dick Schieffer, Mark Schnobrich, Dick Nagy and Julie Wischnack, AICP Date: July 6, 2001 — Meeting Date July 17, 2001 Applican Jason Ruprecht, owner Variance Brief Description The applicant is requesting a 3 foot variance from the side yard setback (6' required) to allow for construction of a detached accessory building. The building would be 24' x 36'. The applicant would also like to cement his driveway, which would be 2 feet from the property line (5' required). GENERAL INFORMATION Existing Zoning: R -2, Medium Family Residential • Property Location: 575 Hassan Street SE Lot Size: .24 acres Existing Land Use: Residential Adjacent Land Use And Zoning: R -2 surrounding the area Comprehensive Land Use Plan: Low density residential Zoning History: Platted prior to 1988 Applicable Regulations: Section 8.05 — Setbacks in R -2 District Section 6.04 — Variance Required SPECIAL INFORMATION Parking: Not Applicable Physical • Characteristics: The property is uniquely shaped in that typically, there is alley right of way in the back yards of the homes. Because the street curves in this area the back lot line is angled. 4(c) Variance Ruprecht — 575 Hassan Street SE Planning Commission Review — July 17, 2001 Page 2 , Analysis: It is typical for staff to request the garage space to be smaller if a lot setback is impacted. In this case, the depth of the building is quite large (36'), but the width is a typical 24 foot wide structure. Staff researched records to find there was a detached garage located on the property (see attached map from 1985). The previous garage was 20' x 22'. The option of moving the garage to the south, makes turning movements around the home difficult. A 3 foot setback would typically be considered a conditional use permit, but because the City does not have a formal record of the structure being removed, a variance process is required. Staff Recommendation: Staff recommends approval of the 3 foot variance for the structure and a 3 foot variance for the driveway. The variance hardship for this application is the unique shape of the lot; the location of the home; and the fact that the code requires garage space for residential units. The following should be conditions of approval: 1. Any relocation of utility lines are at the owners expense. 2. The plans must follow the submitted site drawings, dated June 20, 2001. r� LJ • 3. Building can not be more that 1,000 square feet. 4. Building can not be used for commercial purposes. 5. Building can not be pole constructed. 6. Building may not exceed 16' in height. Cc: Jason Ruprecht, 575 Hassan Street SE, Hutchinson MN 55350 4(c)2 F — I L J Hutchinson City Center 111 Hassan Streel SE Hutchlnsoo, MN 55350.2522 320.587- 5151/Fax 320.234 -4240 MEMORANDUM DATE: July 19, 2001 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A VARIANCE TO PLACE AN ACCESSORY BUILDING ON THE PROPERTY LINE NEXT TO AN UNIMPROVED ALLEY AS REQUESTED BY PAUL AND NICHOLE DIETEL, 237 COLLEGE AVE NE. Pursuant to Sections 6.04 and 8.05 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On June 20 2001, Paul and Nichole Dietel, property owners, submitted an application for a total variance to construct a new garage on their property line next to an unimproved garage. FINDINGS OF FACT • 1. The required application was submitted and the appropriate fee was paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on July 5",2001. 3. At the public hearing held no neighbors were present to object nor had staff received any written objections, staff did receive one letter in favor of the request. RECOMMENDATION The Planning Commission, on July 17, 2001, voted to recommend approval of both of the variances requested based on the hardship of the unique lot configuration with the following conditions: 1. Any relocation of utility lines are at the owners expense. 2. The plans must follow the submitted site drawings, dated June 20, 2001. 3. The building can not pole constructed. 4. Building may not exceed 16 feet in height. 5. Building must meet building code requirements. Respectfully submitted, William Arndt, Chairman Hutchinson Planning Commission cc: Paul and Nichole Dietel, 237 College Ave NE., Hutchinson, MN 55350 0 Printed on recycbd paper - 4 (c) 3 Ll RESOLUTION NO. 11766 RESOLUTION APPROVING A VARIANCE REQUESTED BY PAUL AND NICHOLE DIETEL, TO CONSTRUCT A GARAGE AND DRIVEWAY ON THEIR PROPERTY LINE NEXT TO AN UNIMPROVED ALLEY LOCATED AT 237 COLLEGE AVE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Paul and Nichole Dietel, property owners, have made application to the City Council for a Variance under Section 8.05 to construct a new garage (16' x 20') and cement their driveway on their property line next to an unimproved alley with the following legal description: The West 49 feet of Lots 6 and 7 in Block 5, College Addition to Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. . 3. The Council has determined that the proposed use is not in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves both variances with the following conditions: 1. Any relocation of utility lines are at the owners expense. 2. The plans must follow the submitted site drawings dated June 20, 2001. 3. Building can not be pole constructed. 4. Building may not exceed 16' in height. 5. Building must meet building code requirements. Adopted by the City Council this 24' day of July, 2001. ATTEST: Gary D. Plotz City Administrator • Marlin D. Torgerson Mayor 4 (c) 3 CITY OF HUTCHINSON PLANNING STAFF REPORT • To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Jean Ward, John Rodeberg, John Webster, Marc Sebora, Lenny Rutledge, Heather Bieniek, Christie Rock, Dick Schieffer, Mark Schnobrich, Dick Nagy and Julie Wischnack, AICP Date: July 6, 2001 — Meeting Date July 17, 2001 Applicant: Paul an d Nicole Dietel, Owners Variance Brief Description The applicants are requesting a total variance from the 6 foot side yard setback requirement to construct a detached accessory building (garage). The garage would be 16' x 20'. The applicants are also requesting a total variance from the 5 foot setback requirement for paving of the existing driveway. The applicants discussed requesting a vacation of the alley, but upon further investigation, it was discovered that many different utilities utilize the undeveloped right of way. GENERAL INFORMATION • Existing Zoning: R -2, Medium Family Residential Property Location: 237 College Avenue NE Lot Size: .149 acres or 6,470 square feet Existing Land Use: Residential Adjacent Land Use And Zoning: R -2 surrounding the area Comprehensive Land Use Plan: Low density residential Zoning History: Platted prior to 1988 Applicable Regulations: Section 8.05 — Setbacks in R -2 District Section 6.04 — Variance Required SPECIAL INFORMATION Parking: Not Applicable • Physical Characteristics: The property abuts an undeveloped alley right of way. The alley has a lot of vegetation. There is a very large maple tree to the east of the proposed garage location. 4(c)3 Variance Dietel — 237 College Avenue NE Planning Commission Review — July 17, 2001 . Page 2 Analysis: This property had a detached garage at one point in time. The aerial photo provides information that the previous garage was approximately 16' x 20' but probably encroached into the alley area. Staff believes that a number of options to meet setback requirements have been reviewed. The lot width is very narrow, in that it is 49 feet wide. In the older plats in town, it is common to find 66 foot wide lots. This lot was created as the back portions of Lots 6 and 7 of College Addition. Therefore; the lot width characteristics provide for a unique lot configuration. Because of the proximity to the home, special construction methods may need to be used. A minimum of 6 feet of separation is required without fire protection. Staff Recommendation: Staff recommends approval of the 6 foot side yard variance for the garage and the 5 foot side yard variance for the driveway. The recommendation is based on the hardship of unique lot configuration. The following should be conditions of approval: • • 1. Any relocation of utility lines are at the owners expense. 2. The plans must follow the submitted site drawings, dated June 20, 2001. 3. Building can not be pole constructed. 4. Building may not exceed 16' in height. 5. Building must meet building code requirements. Cc: Paul and Nicole Dietel, 237 College Avenue NE, Hutchinson MN 55350 4(c)3 0 DATE: July 18, 2001 Hutchinso City Center III Hassan Slreet SE Hutchinson, MN 55350.2522 320.587- 5151/F" 320.234 -4240 MEMORANDUM TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A 6' PRIVACY FENCE IN THE FRONT YARD, AS REQUESTED BY MURIEL FELSKA, 103 ELK DR. Pursuant to Chapter 11, Section 10.07, 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 On June 20, 2001, Muriel Felska, property owner, submitted an application for a conditional use permit to install a 6 foot fence in his front yard. FINDINGS OF FACT • 1. The required application was submitted and the appropriate fee was paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on July 5i 2001. 3. At the public hearing held, one neighbor was present to object to the request. 4. After review of the request, the City Engineer recommended approval as proposed because of the fact the applicant would start 68' from the southern property line. RECOMMENDATION The Planning Commission, on July 17, 2001, voted to recommend approval of the conditional use permit with the following conditions: 1. If for any reasons utilities would need to be installed or altered on the property and the fence would be removed, the replacement would be at the owner's expense. 2. The fence has to be set back 68' from the southern property line (Elks Drive) 3. The finished side of the fence must face the exterior lot lines. 4. The fence can not be higher than 6 feet. Respectfully submitted, William Arndt, Chairman Hutchinson Planning Commission 0 cc: Muriel Felska, 103 Elks Dr., Hutchinson, MN 55350 4(c)4 Printed on recycled paper - • RESOLUTION NO. 11767 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LOCATING A 6' FENCE WITHIN THE FRONT YARD SETBACK AS REQUESTED BY MURIEL FELSKA, 103 ELKS DR. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Muriel Felska, owner, has made application to the City Council for a Conditional Use Permit under Section 8.17 to place a fence within the front yard setback of their property, with the following legal description: Lot 1 Block 1, Schmidtbauers 4" Addition, Hutchinson, Minnesota 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, CONCLUSION The City Council hereby approves the conditional use permit with the following conditions: If for any reasons utilities would need to be installed on the property and the fence would have to be taken down it would be at the owner's expense. 2. The fence has to be setback 68' from the southern property line (Elks Drive). 3. The finished side of the fence must face the exterior lot lines. 4. The fence can not be higher than 6 feet. Adopted by the City Council this 24', day of July, 2001. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 4(c) CITY OF HUTCHINSON PLANNING STAFF REPORT 40 To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Christie Rock, Jean Ward, John Rodeberg, John Webster, John Olson, Lenny Rutledge, Mark Schnobrich, Heather Bieniek, Steve Madson, Dick Nagy, and Julie Wischnack, A1CP Date: July, 2001 — Meeting Date: July 17, 2001 Applicant: Muriel Felska, property owner CONDITIONAL USE PERMIT Brief Description The applicant would like to construct a 6 -foot fence in their front yard. The property (103 Elks Dr.) is located on a comer lot, thus giving them two front yards. The required setback for a "comer side" is 25 feet from the property line. The proposed fence would be 2 feet from the property line. There has been similar applications the past couple months, with those Staff has recommended the applicants to start the fence at least 5 feet from the property line. This application is different because the owner has proposed to start the fence 68 feet from the front . property line, which is a greater distance then the previous applicants. GENERAL INFORMATION Existing Zoning: R -1 Single Family Residential Property Location: 103 Elks Dr. SE Lot Size: .424 acres. / 18,455 sq. ft Existing Land Use: Single Family Dwelling Adjacent Land Use And Zoning: Residential, R -1 to the South and East of the property, R -2 to the North of the property and Elks Park to the West of the property. Comprebensive Land Use Plan: Low Density Residential Zoning History: N/A Applicable Regulations: Section 10.07— Conditional Use Permit Required, variation to the requirements 0 SPECIAL INFORMATION Transportation: N/A 4(c)4 • Conditional Use Permit Felska- fence Planning Commission— July 17, 2001 Page 2 Parking: N/A Physical Characteristics: The fence would be setback 68' from their actual front yard off Elks Dr. The fence would start about 3' behind the house. The setback issue is off of Sherwood St. (defined as a comer side). Analysis and Recommendation: Staff recommends that the Conditional Use Permit be approved as submitted with the following conditions: 1. The fence has to be set back 68' from the southern property line (Elks Drive) 2. If for any reason utilities need to be installed or altered on the property and the fence would have to be taken down it would be at the owners expense. 3. The fence would be installed no higher than 6 feet. 4. Finished side of the fence must face the exterior lot lines. Is 0 Cc: Muriel Felska, property owner 4(c)4 C J DATE: July 18, 2001 Hutchinson City Center 111 Hal n Sim( SE nutcbir c n, MN 55350.2522 320 - 587- 515INax 320.234 -4240 MEMORANDUM TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A CONDITIONAL USE PERMIT TO RELOCATE GARY'S GARAGE TO MCCLURE'S BUILDING WHICH IS ZONED 1 -1, LOCATED AR 945 5" AVE SE, AS REQUESTED BY DICK MCCLURE. Pursuant to Section 7.14 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 conditional use permits. HISTORY On June 19'", 2001 Richard McClure, property owner, submitted an application for a conditional use permit to move Gary's garage (auto repair) from its current site to the new building McClure will be opening this fall. FINDINGS OF FACT • 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on July 5 3. At the public hearing held, no one was present to object nor had staff received any written objections. RECOMMENDATION The Planning Commission voted to recommend approval of the conditional use permit with the following conditions: 1. The applicant/ owner must install 100% opaque fencing (wood construction) around the vehicle storage area at the time Gary's Garage occupies the new building. 2. No vehicles or items in the process of repair shall be located outside the fenced area or outside the building. 3. If violations or complaints arise regarding the use, the City may require a hearing and consider revocation. 4. A new drawing of the fence must be submitted to the City of Hutchinson, Planning Department, stating how big the fence is going to be, where it is going to be located, and what materials are going to be used before the garage may occupy the building. Respectfully submitted, William Arndt, Chairman Hutchinson Planning Commission • cc: Dick McClure, 384 School Rd. S, Hutchinson, MN 55350 Gary Sauber, Gary's Garage, 945 5' Ave SE, Hutchinson, MN 55350 Pnnted on recycled paper - 4 (c) 5 0 RESOLUTION NO. 11768 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO RELOCATE GARY'S GARAGE TO MCCLURE'S BUILDING LOCATED AT 945 5 AVE SE, AS REQUESTED BY DICK MCCLURE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS Dick McClure, property owner, has made an application to the City Council for a Conditional Use Permit under Sections 8.14 and 6.04 to relocate Gary's Garage (auto repair) to the new building the applicant is constructing, with the following legal description: Lots 4, Block 1, Swanson's Subdivision, Hutchinson Industrial District, Hutchinson, Minnesota 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby approves the conditional use permit with the following conditions: I . The applicant/ owner must install 100% opaque fencing around vehicle storage area at the time that Gary's Garage occupies the new building. 2. No vehicles or items in the process of repair shall be located outside the fenced area or outside the building. 3. If violation or complaints arise regarding the use, the City may require a hearing and consider revocation. 4. A new drawing of the fence must be submitted to the City of Hutchinson, Planning Department, stating how big the fence is going to be, where it is going to be located, and what materials are going to be used before the garage may occupy the building. • Adopted by the City Council this 24i day of July, 2001. W@1641 Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 4(c)5 „ CITY OF „ PLANNING „ STAFF REPORT v • To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dick Scheiffer, Dolf Moon, Don Nelson, Gary Plotz, Jean Ward, John Rodeberg, John Webster, Mark Schnobrich, Steve Madson, Heather Bieniek, Christie Rock and Julie Wischnack, AICP Date: July 6, 2001 — Meeting Date July 17, 2001 Applicant: Richard McClure, owner Gary Sauber, Applicant Brief Description The applicant is in the process of constructing another building on property located at 945 5` Avenue SE. The building is 48 feet by 200 feet (9,600 square feet). The owner wishes to lease space to "Gary's Garage ", which is currently located in an existing building on the property. The business is proposing to lease 3,744 square feet. The 1 -1 Zoning District does not directly permit auto repair businesses, but does allow a body shop as a conditional use, which staff as interpreted to be similar use. • GENERAL INFORMATION Existing Zoning: 1 -1 Property Location: 945 5 Avenue South East Lot Size: 36,940 square feet Existing Land Use: Building is under construction. Adjacent Land Use And Zoning: West — city property; North — college; East — Allied Mechanical • 4(c)5 + e 2 }N..eDDDnwwm cnvc.eww 4 3 2 1 SI UEO PTJ R�CCLURG OF HUICN I LIMD NUICMpNp1 IFLII .Umm.d NUI ,� 3 3 8 7 5TH 6 , VE 13 Pro Roq esdngV mce 4(c)5 Conditional Use Permit Richard McClure /Gary's Garage Planning Commission Review — July 17, 2001 Page 2 Comprehensive Land Use Plan: Industrial Zoning History: NA Applicable Regulations: Section 8.14 — Setbacks in Industrial District Section 6.04 — Variance Required SPECIAL INFORMATION Transportation: Access 5 Avenue SE through property owned by applicant. Parking: if an enclosed parking area is provided for this use, 20 parking spaces remain for the building. The parking was calculated on the remaining being used for some type of warehousing (1 space per employee on principal shift or 1 per 2,000 square feet) If there was some type of manufacturing in that space it would require 2 spaces per 1,000 square feet. The plan provides for adequate parking area. All parking areas must be paved at the time of final occupancy. • Physical Characteristics: The lot has a fairly steep slope, dropping 18 feet over 220 feet. The grading and drainage plans have been reviewed by the City Engineer. Analysis: Staff has concerns about outside storage in this area. There have been complaints regarding the items in the parking lot of this property. There are building materials, many inoperable or unlicensed vehicles, and general outside storage. The applicants are proposing an enclosed chain link fence for the use. Staff believes that, at a minimum a 100% opaque fence, must be required. The proposed fenced area (30 x 60 feet) would allow for approximately 9 cars to be stored. The site has in excess of 25 vehicles relating to this business as well as a large boat. The application states that storage outside the fenced area would be no more than 6 units and be no longer than 7 days. Staff believes that would be nearly impossible to enforce; therefore are recommending a larger opaque fenced space where vehicles would be stored. The following is the criteria for reviewing conditional use permits: 2. A conditional use permit for the uses listed in Section 8 of this Ordinance shall be granted only if evidence is presented to establish: (a) That the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and 4(c)5 Conditional Use Permit Richard McClure /Gary's Garage Planning Commission Review —July 17, 2001 • Page 3 (c) That the proposed building or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Staff recommends approval, contingent on the following items: 1. The applicant/owner must install 100% opaque fencing around vehicle storage area at the time that Gary's Garage occupies the new building. 2. No vehicles or items in the process of repair shall be located outside the fenced area or outside the building. 3. If violations or complaints arise regarding the use, the City may require a hearing and consider revocation. Cc: Richard McClure, property owner Gary Sauber, Gary's Garage, 945 5 th Avenue SE • • 4(c)5 APPLICATION FOR PUBLIC DANCE PERMIT FEE $50.00 • Date Sut m �d (Must,bs 4.'weelks PIa111$01k#�3 �•OSC G G Ci O z A i U ' \ I/ `.:. Yes tort 400W t 1+ ► Wefau�7 Ye No ,ybU No Signature of Applicant -7 -� -C' ( 0 1: 1FORMSOANCEPERMIT 09199 4(d) Form No. 235—:== o= uter FMAM "ON SALE" #ptate of Offintoota, COUNTY Of -21E — City -- ------- 01 itutchinson To am the. ......... .................... of th ......... 9 1 ...................... dAlInVURKRR . . ....... . ..... ....... .......S of Minaettota: 1 11i /oor ) . ..................... hereby PP&L,a_ a tisane for "a term of_ I L 7 from h dar of--- weau At Retail Only, Non-hftzlca Malt LWOOM as the came are defined by ZOW, for OommasP"On "O-r' Aces Offt'aim Premises In O d4wriNd as follows, to-WU- - W which place Ma aisielloant. -aM-N.-the bu4imm of--, and to that and rervNIMS --A" stat&—ad MICROS: That said as United states; of /cod moral O&WW'Or and repute; and ha -a#a4nOd the age of 21 Foam; the establi.thment for which the license wiU be issred If thle appiloatim is granted. Tk,u no ma"fadww of such Mau Uquorshaa any ownership, in VA or in part, W said business of said appliatual-,or any inured therein; That said applioant--mako.-this appLioation, pursuant and subject So all the Isaar of the Skala of Xiniwaasa area the ordlnanes and rejulaitans of saK Ury -- applicable thereto, wh Ich are hereby made a paxt h and harsbV agree-. -to obe and obey As same; ........ . — ---- ---------- ---- iii nw,r� M ro. a W ffW.%WW Recortnand approval. Driver's license I.D. r*5uirad for purchase. cjft, A.44 rUae , e Sieve Madeon, Police Chief Each applicant further states that --he is not now the holder of. nor has --he made application tar, nor does —he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. I P. 0. Wdrode C 4(f) 'De or I 01- Mem • • To: Randy DeVries From: Marion Graham Date: 07/19/01 Re: Out of State Travel Z!!!�' t Water/Wastewater Department 1300 Hwy 22 South Hutchinson, MN 55350 Phone: 320-234-4233 Fax: 320-234-7485 As a recent recepient of theCentral States Region WEF Lab Excellence Award, I have been selected to represent Central States as a team member to the "01 WEF Operations Challenge in Atlanta Georgia at WEFTEC, Oct 13 -17. I am requesting out of state travel for. 1. 1" Practice sessions at Madison Wisconsin on August 2 & 3, 2001 2. 2 Practice session at Madison Wisconsin will be in September, (date to be announced) Travel would consist of leaving Wed. Aug 1st, and returning on Fri. Aug 3 Travel arrangements for the September practices will be the same as in August 2. WEFTEC Conference October 13 -17, 2001 Travel would consist of leaving Friday October 13 and returning on Thurs. Oct 18th Central States will pay expenses up to $750 per team member, the remaining costs will be minimal.. 4(g) Central States Water Environment Association, Inc. • Comprised of the States of Illinois, Minnesota, Wisconsin Member: Water Environment Federation SECRETARY- TREASURER: ALLAN L. RAE 2480 Amy Lane Al IL 60506 -4202 630 /896 -3348 FAX 630/896 -3348 Website: w cswea. org ADMINISTRATIVE YEAR: 2000 - 2001 1' Vice President DAVID C. LANE Rochester Water Reclamation Plant 301 37' Street N.W. Rochester, MN 55901 5071281 -6190 FAX 5071287 -1389 Email: dienewrp®InfoneLlsl. net • 2n 'Am President ERIC R. LECUYER City of Crystal Lake 100 West Municipal Complex Crystal Lake, IL 60014 (115/45 11 FAX 815/459-2350 Email: edec@slamelinacem WEF Director'01 JAMES L. NEMKE, P.E. Madison Metro Sewerage District 1610 Moorland Road Madison 53713 608222.1201, ext. 253 FAX 6081222 -2703 Email: jimngrnadsewer.org Dear Marion: Congratulations on being selected to represent Central States as a team member to the `01 WEF Operations Challenge in Atlanta GA. There will be two teams, five members each. The team names are the Shovelers and the Pumpers. As in the past, teams have had two practice sessions at Madison Metro Sewerage District in Madison, Wisconsin. Practice will be the same as last year on Thursday and Friday, August 2 & 3 2001. I would like everybody to meet at the Metro Plant by 11:00 am to get know each other and then go to lunch by 12:00 noon. WEF Dlraclor'02 KENNETH V. JOHNSON, P.E_ June 28,2001 President Greeley and Hansen JOHN R. LEONHARD DANIEL L. LYNCH Janesvise Waslewaler Plant Cry of Fond du Lac Marion Graham P.D. Box 150 312/57 FAX 312155 &1006 Fond du Lac, WI 54936-0150 City Centre 920/929 -3262 y FAX 920/929-3264 111 Hasson St SL Email: jleanhard ®G.fand -du -lac wi us Hutchinson, MN 55350 1' Vice President DAVID C. LANE Rochester Water Reclamation Plant 301 37' Street N.W. Rochester, MN 55901 5071281 -6190 FAX 5071287 -1389 Email: dienewrp®InfoneLlsl. net • 2n 'Am President ERIC R. LECUYER City of Crystal Lake 100 West Municipal Complex Crystal Lake, IL 60014 (115/45 11 FAX 815/459-2350 Email: edec@slamelinacem WEF Director'01 JAMES L. NEMKE, P.E. Madison Metro Sewerage District 1610 Moorland Road Madison 53713 608222.1201, ext. 253 FAX 6081222 -2703 Email: jimngrnadsewer.org Dear Marion: Congratulations on being selected to represent Central States as a team member to the `01 WEF Operations Challenge in Atlanta GA. There will be two teams, five members each. The team names are the Shovelers and the Pumpers. As in the past, teams have had two practice sessions at Madison Metro Sewerage District in Madison, Wisconsin. Practice will be the same as last year on Thursday and Friday, August 2 & 3 2001. I would like everybody to meet at the Metro Plant by 11:00 am to get know each other and then go to lunch by 12:00 noon. WEF Dlraclor'02 KENNETH V. JOHNSON, P.E_ Enclosed is general information and a map to the Metro Wisconsin Truatee'01 Greeley and Hansen Plant. More information will be discussed at the DANIEL L. LYNCH Janesvise Waslewaler Plant 100 South Warner — Suite 1400 Chicago, IL 60606-4006 8-2320 meeting. Any question please feel free to phone me at 123 East Delavan Janesville. WI 53546 312/57 FAX 312155 &1006 507- 373 -9159 office or home at 507- 377 - 9346 FAX 6 ai'l's Email: kiohnaorCgreeiey- hansen. con, - -3125 Past President CHARLES A. HANSEN, P.E. Peterson and Metz Inc. 4811 Emerson Avenue — Sude 203 Palatine, IL 6(X167 -7416 847/303 -0363 FAX 047A03-0374 Ema)4: PmatzilOaol.cOM PWOD Regional Represent"Ve'02 Thanks Sincerely, Fick A tiling, Superintend lit Wastewater Treatment Plant City of Albert Lea 221 East Clark Street Albert Lea, MN 56007 507- 373 -9159 MAY 13 -16, 2001 Local Arrangements Chairperson CAROLS_ STRACKBEIN Sandell Water Pollution Control Company 8333 Nonh 49 Street Brain Deer, WI 53223 4141365 -2231 FAX 414/3(152210 Email: cstrackbein(Tduids.dhnd.com I A r^DyICCF r'.Pl Minnesota Trustee 'W DENNIS LINDEKE Mel Council Emiranmenal Services P , Box 153 Hastkgs, MN 55033 651/4374212 FAX 651/437 -5749 Email: denm llhadekeQrnetc. state mn.us Illinois Tmstee'00 DENNIS STRETCHER City of Elmhurst 209 North York Road Elmhurst, IL 60126 63015343046 FAX 6301834 -0298 Email dennie.abeicher®ehnhurst.org Technical Program Chatrperson WILLIAM BOYLE Depl. of CNII Emnron enlal Engrg Lnuversdy of Wucrosln- Madison 1415 Johnson Drive Q (g) Madison, WI 53706 61 FAX 606/26215199 Email: Doylegengr.wisc. edu RICK D. ASHLING Albed Lea Wastewater Plant 311 Wrilamor Road Albert Lea, MN 56007 5071373 -9159 FAX 507r377.3845 Emal: aIMPI 1p net • Thanks Sincerely, Fick A tiling, Superintend lit Wastewater Treatment Plant City of Albert Lea 221 East Clark Street Albert Lea, MN 56007 507- 373 -9159 MAY 13 -16, 2001 Local Arrangements Chairperson CAROLS_ STRACKBEIN Sandell Water Pollution Control Company 8333 Nonh 49 Street Brain Deer, WI 53223 4141365 -2231 FAX 414/3(152210 Email: cstrackbein(Tduids.dhnd.com I A r^DyICCF r'.Pl Minnesota Trustee 'W DENNIS LINDEKE Mel Council Emiranmenal Services P , Box 153 Hastkgs, MN 55033 651/4374212 FAX 651/437 -5749 Email: denm llhadekeQrnetc. state mn.us Illinois Tmstee'00 DENNIS STRETCHER City of Elmhurst 209 North York Road Elmhurst, IL 60126 63015343046 FAX 6301834 -0298 Email dennie.abeicher®ehnhurst.org Technical Program Chatrperson WILLIAM BOYLE Depl. of CNII Emnron enlal Engrg Lnuversdy of Wucrosln- Madison 1415 Johnson Drive Q (g) Madison, WI 53706 61 FAX 606/26215199 Email: Doylegengr.wisc. edu 0 • r1 U Memorandum From: Randy DeVries, Utility Director Date: 0711 9 /01 Re: Out-of -State Travel Water/Wastewater Department 1300 Adams Street South Hutchinson, MN 55350 Phone: 320-234-4233 Fax: 320-234-7485 Per city council policy I am requesting travel to Atlanta, Georgia for the Water Environment Federation Annual Conference and Exposition, WEFTEC, October 13- 17,2001. 1 will be attending sessions on Biosolids Management, Collections Systems, Wastewater Process, and Plant Operations. Besides attending the Exposition, I will be attending the DeKalb County Biosolids Land Application Facility. This conference was budgeted for 2001, and recommend approval. 4 (g) JUL 1 1 ?001 City of Hutchinson Mr. Gary Plotz Mr. Lawrence Winter City of Hutchinson 111 Hassen Street SE Hutchinson MN 55350 Thursday, July 05, 2001 Dear Mr. Plotz: Dear Mr. Winter: c enviro `rr� war°^ It is with great pleasure that Biocorp is awarding the City of Hutchinson its 2001 Biocorp Environmental Award. Our Board retains that the program designed by your team and implemented by the City is an outstanding program, which go beyond the City. With this Award, Biocorp wishes to recognize the leadership and the educational value of your . program. We believe that you are showing innovation and that your program is leading toward a significant reduction of organic wastes. In highlighting your unique efforts, Biocorp intends to demonstrate that the recovery of organic materials is a feasible way to eliminate or reduce wastes, rebuild soils and move closer to a "Sustainable Society". We arrveleased to be associated with your City and we are looking forward to work with you in the K' d OC ✓ Officer Enclosure: 2001 Biocorp Environmental Award • Biocorp, Inc. 2619 Manhattan Beach Blvd., Redondo Beach, CA 90278 Tel: (310) 643 -1626 Fax: (310) 643 -1622 Toll Free:1(888) 206 -5658 E -Mail: info @BiocorpUSA.com Web Site: http: / /www.BiocorpUSA.com Regional Offices: USA: CA, CO, MN, KS, NC, FL, GA, MI, VA, OH, NJ, NY Canada: QX, ONT, BC 6(a) RECEIVED JUL 1 z 7nn1 CITY OF City of Huhmil n • LITCH FI ELD M I N N E S O T A July 10, 2001 Marlin Torgerson, Mayor City of Hutchinson 111 Hassan Street SE Hutchinson, Minnesota 55350 -2522 Dear Mayor Torgerson, i On behalf of the City of Litchfield, I would like to express a sincere "Thank You" for your assistance after our recent storm. It is so reassuring that in this fast paced world which we live in, your organization took the time to be a good neighbor. This letter is written to express appreciation to all those employees of your organization who worked so hard on our mammoth downed tree problem. Thanks to their efforts, life was somewhat back to normal by the end of the week. Please share this letter with all those that were in Litchfield. Should you ever find yourself in a similar circumstance, the City of Litchfield will most definitely be there to assist you. Once again, thank you and your wonderful employees. Sincerely, f�, C.6, Vern Madson Mayor • 126 Marshall Avenue North Litchfield, Minnesota 553552195 (320)693 -7201• Fax: (320) 693-9134 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER 6(b) CITY OF HUTCHINSON MEMO Finance Department July 20, 2001 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: TAX, LOCAL GOVERNMENT AIDS, IMPACT ON 2002 BUDGET While all the information is not in yet, I would like to update the City Council on the changes in tax law, local government aids and other available information and how it affects the 2002 budget. 11 U 6(c) C • Hutchinson City C enter 111 Hassan Street SE Hutchinson, MN 55350.2522 320 - 587- 515LFu 320- 234 -4240 M O R A N D U M TO: Honorable Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Purchase of Sewer Maintenance (Jetter/Vacuum) Vehicle DATE: July 18, 2001 The above purchase was first considered at the City Council meeting of June 12 and was deferred until further information was received regarding the bidding process and consideration given by John Olson (Assistant Public Works Director) and Randy DeVries (Director of Water/Wastewater/Resource Recovery). After discussions with the three of us we are recommending purchase of the Vactor from MacQueen Equipment Inc. (State Bid) for $163,756 (confirming the previous recommendation). • Background Information: The two vehicles compared were both available from the State Bid. This is a competitive bidding process in which volume pricing is assured and governmental agencies may purchase without doing their own competitive bidding. 2. Under this process, the City may consider other factors in the selection of the equipment. In this case we compared life -cycle cost and options. a. COST Considering resale value and maintenance, the costs of the two vehicles are virtually identical. The Vactor has had a higher resale value and a slightly better maintenance record. We therefore decided that cost could not be the main factor for the selection. b. OPTIONS Although each vehicle generally has the same functions, each uses different formats and equipment. Both the staff that will be doing the operations, and John and Randy, extensively reviewed both vehicles. The Vactor had features which the staff felt would clearly make it easier and safer to operate and maintain. Based on identical long -term costs, it was determined that the Vactor would be the better choice for the City of Hutchinson. • 3. The handout from the previous consideration is attached for your reference. Printed on nxydl d paper - 7 (a) M l: • MEMORANDUM TO: Honorable Mayor and City Council FROM: John Olson, Asst Public Works Dir. RE: Purchase of Combination Sewer Maintenance Jetter/Vacuum Truck DATE: 06/12/01 cc: Randy DeVries, Dir W /WW"TF. PURCHASE OF COMBINATION SEWER JETTER /VACUUM TRUCK Wastewater Dept recommends purchasing a Vactor Sewer JetVac truck from MacQueen Equipment, Inc. for $163,756 to replace our existing 1991 Vactor Sewer]etVac. The VactOI is available through the MN Dept of Administration Cooperative Purchasing Venture (State Bid). The City's sewer JetVac truck is used to dean sewer lines throughout the City. Sanitary sewer lines are systematically cleaned on a continuous basis each year, and storm sewer lines are cleaned as needed. The current 1991 Vactor JetVac has been reliable. Sewer clearing is hard on equipment, and the Wastewater Department feels the 10 -year period for machine rotation is reasonable. • To assess this purchase, Randy DeVries, Bruce Fenske, Sewer Maint Tech., and I attended the Wastewater Pumper Show in Nashville, TN in February, 2001. During our trip, we were able to see each of the JetVac trucks available. We narrowed our choice to one of two machines, Vactor and Camel We were saw demonstrations of both machines through a dealer or at another City. Quotations were as follows: Vactor. $223,756 less: trade -in of $60,000 = $163,756 CameL• $200,858 less: trade -in of $52,258 = $148,600 The price difference is about $15,000. However, historically Vactor has retained value well. It is likely, based on historical performance, that we could recover $15,000 when trading the Vactor in the future. Therefore, as I see it, the opportunity cost of the Vactor over the Camel is about $5,700 (Current $15,000 versus its future value of about $9,300). Randy has made the following comments related to this recommendation: 1. $5,700 over 10 years is little money, considering staff likes operability of the Vactor 2. The Vactor we own has been an excellent machine. 3. Based on reference checks Randy made, Vactor was reported as being more reliable. 4. Historically Vactor has retained its resale value well. 5. The budget was for $250,000 for this purchase; the Vactor came in less than budgeted • 7(a) From: Randy DEVRIES • To: John Olson Date: 6/12/01 8:52AM Subject: Re: Vactor / Camel quotations John, after reviewing the quotations from ABM and MacQueen I am recommending the Vactor based on the following. 1. the 5,700 over 10 years is very little money, considering the staff likes the operability of the vactor. 2. The Vactor that we know own has been an excellent machine. 3. Based on reference checks the Vactor was more reliable. 4. The Vactor may have even a more higher resale value than you thought. 5.We are under budget on this eguipment. Randy DeVries Director. Water/Wastewater /Resource Recovery 111 Hassan St. SE Hutchinson, MN 55350 -2522 Phone: (320) - 234 -4233 Fax: (320) - 2347485 email: rdevrles@ci.hutchinson _ mn.us >>> John Olson 06/08/01 01:23PM >>> I received quotations from both MacQueen & ABM for sewer cleaning machines. In order to compare the two, I think It is essential to break the quotations down Into two categories, 1) Truck Equipment, 2) Trade -in number, and 3) Chassis, as there are several issues to consider relating to chassis. • The breakdown Is as follows: TRUCK EQUIPMENT Vactor (MacQueen) $161,716 Camel (ABM) $137,168 TRADE -IN MacQueen ($60,000) ABM ($52,258) CKASSI Option 1) Separate chassis off state bid: MAW Option 2) 60 -75 days delivery (ABM) $63,700 Option 3) Chassis available (MacQueen) $61,935 Vector (MacQueen) Truck Equipment $161,716 Chassis proposed $ 61,935 Delivery $ 105 Less: trade -in ($60.0001 Net $ 163,756 (Nov /Dec deliver) 0 7(a) Camel (ABM) Truck Equipment $137,158 Chassis proposed $ 63,700 Less: trade -in ($52,268) Net $148,600 (Sep /Oct delivery) DIFFERENCE: Truck Equipment ($24,558) Chassis proposed $ 1,765 Other ($ 105) Trade -in 7,742 Net difference: $15,156 (9.25 %) This difference is significant enough that we should seriously consider both proposals. $16,816 Is the difference In the proposals, not considering chassis options. Chassis options include purchasing a chassis off the state contract from Boyer (we could expect to pay approx. $58 - 60,000 for those). We can also choose an existing chassis that the builders have in stock. ABM quoted that way, but the cost of the Vector would be more, because MacQueen quoted with a state contract truck and took up the difference with their increased trade -in allowance. Future trade -in of the Camel is likely less (10 - 15 %) than Vactor. So, that should also be a consideration. KgIK u:1 Based on what I can gather, We shaping up to be a horse apiece. We would likely get good work out of each machine, and in the short -tens we could maybe benefit by the cheaper Camel. The lifetime cost of the Vector would likely be about $5.7K more, which considering the size of this purchase is about 3.5°x6. The way I see if, ultimately It Is a decision of whether there is need for $15K NOW for equipment needs, or whether you can wait 10 years to get the $15K (which will be worth about $9,300 at that time). In simple terms, I see It this way: 1. If you choose the Camel, you save $15,000, which could be used elsewhere now. 2. If you choose the Vector, you get the $15,000 in 10 years when you trade the machine and at that time, the $15K will be worth about $9,300. 3. The opportunity cost of choosing the Vector is $5,700 over 10 years, and the loss of using $15K to satisfy any other needs now. n t� 7(a) 0 C DATE: July 19, 2001 H utchinson City Center 111 HrcSan street SE Hutchlnwn MN 55350 -2522 320. 587- 5151/Fm 320- 2344240 MEMORANDUM TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: VARIANCE FOR INCREASING THE MAXIMUM SIGN SQUARE FOOTAGE ALLOWED FOR GAS STATION CANOPY SIGNS AND C4 ZONING AS REQUESTED BY MURPHY OIL AND WALMART STORES INC. Pursuant to Sections 6.04 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On April 18 2001, Murphy Oil, applicants and WalMart Stores Inc., submitted an application for a variance to increase the maximum amount of signage allowed for canopy signs and the total square footage allowed for a business in the C4 Zoning District. City Council tabled the request at the May 22n 2001 meeting and asked staff to look into changing the City's gas station sign ordinance. At the July 17 2001 Planning Commission meeting the Commission again denied the variance request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on May 3,2001. 3. One variance request was to increase the maximum square feet allowed on each side of the canopy. City code states that a logo type or price sign shall not be larger than 9 square feet on each side of the canopy. The applicant was requesting at least 2- 40 square foot signs and 2- 20 square foot signs. 4. The second variance was to increase the total square feet allowed in a C -4 district. City code states that the square footage of sign per lot shall not exceed the sum of one 4 square feet per front foot of building, the applicant requested a 48 square foot increase. The building was 22 feet long, which allows a maximum 88 square feet. RECOMMENDATION The Planning Commission voted to recommend denial of the variance because of the following: 1. Because the application does not meet the hardship criteria set forth in section 6.04. 2. The building length limits the size of signage, which is caused by the applicant's action. This may not be a reason for a variance 3. The applicants have an option for signage in a conforming location. Respectfully submitted, William Arndt, Chairman Hutchinson Planning Commission cc: CEI Engineering, WalMart Stores, and Murphy Oil 7(b) Pn. ed m recycled Paper - 0 RESOLUTION NO. 11727 RESOLUTION DENYING A VARIANCE MAXIMUM ALLOWABLE SIGNAGE ON A CANOPY OF A GAS STATION AND MAXIMUM TOTAL ALLOWABLE SIGNAGE IN THE C4 ZONING DISTRICT AS REQUESTED BY MURPHY OIL AND WALMART STORES AT 1300 HIGHWAY 15 SOUTH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Murphy Oil Inc., applicant, and Wa1Mart Stores, Inc., requested two variances for signage for a gas station located on property located at the northwestern intersection of Denver Avenue and Highway 15 S LEGAL DESCRIPTION: Lot 1, Block 1, Wal -Mart Subdivision 2 °d Addition, McLeod County, Minnesota 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of • the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is not in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby denies the variance based on the fact there were no property characteristics which presented a hardship; the building size is small which provides for a smaller calculation for signage; and there were conforming alternatives for the applicants to consider. Adopted by the City Council this 24 day of July, 2001. ATTEST: Gary D. Plotz City Administrator 1 Marlin D. Torgerson Mayor 7(b) CITY OF HUTCHINSON „ PLANNING„ STAFF REPORT • To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dick Schieffer, Dolf Moon, Don Nelson, Gary Plotz, Jean Ward, John Rodeberg, John Webster, Marc Sebora, Mark Schnobrich, Steve Madson, Heather Bieniek, Christie Rock and Julie Wischnack, AICP Date: July 6, 2001 — Meeting Date July 17, 2001 (previous information from May report) Applicant: Murphy Oil USA Inc., Applicant WalMart Stores Inc., Property Owner Variance Brief Description The applicants received a conditional use in January to place a gas station within the C4 Zoning District. The applicants proposed a very small building with the construction, 163 square feet. They are requesting two variances from the sign requirements of the zoning code: • 1. A variance to increase the maximum square feet allowed on each side of the canopy. City code states that a logo type or price sign shall not be larger than 9 square feet on each side of the canopy. The applicant is requesting at least 2 - 41 square feet price signs and 2 — 20 square foot price signs. 2. The second variance would be to increase the total square feet allowed in a C-4 district. City code states that the square footage of sign per lot shall not exceed the sum of one 4 square feet per front foot of building, the applicant is requesting a 48 square foot increase. The reason the maximum square footage allowance seems small is because the attendant building in only 22 feet long, which allows a maximum 88 square feet. GENERAL INFORMATION Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: C-4 The northwest comer of Denver Avenue and State Highway 15. Leasing a 100' x 227' area of the approximately 27 acre site, which Wa1Mart owns Wa1Mart Store and parking lot area. C4 Zoning surrounds the property. Commercial 7(b) Sign Variance Murphy Oil USA/WalMart Stores Planning Commission Review — July 17, 2001 . Page Zoning History: WalMart Plat in 2000, CUP for gas station — January 2001. Applicable Regulations: Section 10.14 (page 10 -23) Gas Station Canopy Signs Section 10.14 (page 10 -26) Signs Permitted in Commercial District Section 6.04 Variances Analysis and Recommendation: Staff does not recommend approval of the variances requested, based on the fact that the application does not meet the hardship criteria set forth in Section 6.04 of the Zoning Code. The applicant has the alternative of placing some signage on the Walmart freestanding sign to reduce their individual signage request. The fact that the applicants have a smaller than average building for this area, does not constitute a reason to grant a variance. 7(b) ; h O Air 0 it a �F T0.P� Minnesota Department of Transportation Office of Aeronautics Mail Stop 410 222 East Plato Boulevard St. Paul, MN 55107 -1618 July 17, 2001 John Olson Asst. Public Works Director City of Hutchinson 1400 Adams St. SE Hutchinson, MN 55350 Subject: Hutchinson Municipal Airport AIP 3 -27- 0042 -03 Grant Offer Dear Mr. Olson: Phone: 651/296-8202 Phone: 651/297-1600 Fax: 651/297-5643 Fax: 651/296 -1828 (651) 296 -8150 Enclosed is a copy of the cover letter from the FAA, the original and 2 copies of the Grant Offer 10 and 3 copies of the "Terms and Conditions of Accepting Airport Improvement Program Grants." After acceptance of the Grant Offer, please return the original and 1 copy along with 2 copies of the Terms and Conditions. Sincerely, 4C-�J James D. Groehler, P.E. Regional Airport Engineer Enclosure i An equal opportunity employer 8(a) a U.S. Department of Transportation Felerel Arletlee Al ®lelsUetln July 16, 2001 Mr. Raymond J. Rought Director Office of Aeronautics Minnesota Department of Transportation 222 East Plato Boulevard St. Paul, Minnesota 55107 -1618 Airports District Office 6020 — 28" Avenue South, Rm 102 Minneapolis, MN 55450 -2706 Hutchinson Municipal - Butler Field Hutchinson, Minnesota AIP 3 -27- 0042 -03 -01 Grant Offer Dear Mr. Rought: Enclosed are the original and two copies of the Grant Offer issued by authority of the Administrator of the Federal Aviation Administration on behalf of the United States to pay the Government's share of the allowed and allowable project costs up to a maximum of $150,000 for the development in the project named above. The enclosed "Terms and Conditions of Accepting Airport Improvement Program Grants" should be signed by the Sponsor prior to acceptance of the Grant Offer and the date at signing inserted on the Grant Offer in the paragraph immediately below the "Acceptance" heading. If the terms of the Grant Offer are satisfactory, we encourage its acceptance on or before August 16, 2001, and such acceptance should be accomplished by execution of the paragraph entitled Acceptance by an officer of the Sponsor who has been duly authorized to take such action. The Certificate of the Sponsor's Attomey should be executed following execution of the above - mentioned paragraph. The executed original copy of the Grant Agreement and the signed original copy of the Terms and Conditions should be returned to this office. Sincerely, Nancy M. Nistler Manager Minneapolis Airports District Office Enclosures Airports Division Website: 7o7Vnv.ag1.faa.gov 1airports 8(a) 0 0 U. S. Department of Transportation Federal Aviarion ddgrinistratioa Date of Offer. July 16, 2001 Project Number: 3- 270042 -03-01 Recipient City of Hutchinson, Minnesota (Herein called "Sponsor") Airport: Hutchinson Municipal — Butler Field, Hutchinson, Minnesota OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share, ninety percent (90 %) of the allowable costs incurred in accomplishing the project consisting of the following: "Repair and seal cracks on Runway 15133 and parallel taxiway and acquire snow removal equipment (wheel loader with snowplow, wing, and snow bucket)." as more particularly described in the Project Application dated May 2, 2001. The maximum obligation of the United States payable under this Offer shall be 3150,000 for airport development, $O for noise program implementation, $0 for land, and $0 for planning. This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title 49 U.S.C. Acceptance and execution of this offer shall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the Sponsor. �y UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Manager, Minna lis Airports District Office SPECIAL CONDITIONS 1. The sponsor will not amend, modify, or terminate the agency relationship between the sponsor, as principal, and the Minnesota Department of Transportation, as agent, created by the Agency Agreement entered into on May 1, 2001, without prior written approval of the FAA. ACCEPTANCE The Sponsor agrees to accomplish the project in compliance with the terns and conditions contained herein, in the Project Application, and in the January 2001 "Terms and Conditions of Accepting Airport Improvement Program Grants" signed on Executed this day of CITY OF HUTCHINSON, MINNESOTA Signature of City of Hutchinson's Designated Official Representative Title (Seal) GRANT AGREEMENT 2001. CERTIFICATE OF SPONSOR'S ATTORNEY 1, , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Minnesota. Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49 U.S.C. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Executed this day of , 2001. of Sponsor's Attorney 8(a) DATE: July 19, 2001 Hutchinson City Center 111 Hawn Street SE Hutchinson, MN 55350.2522 320.587.5151/F" 320 - 2344240 MEMORANDUM TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF REVISIONS TO SECTION 10.14 OF THE ZONING ORDINANCE REGARDING GAS STATION AND CANOPY SIGNS. Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to revise the regulations regarding gas station and canopy signs (10.14). HISTORY On May 22, 2001 the City Council tabled a variance request from Murphy Oil and recommended Staff to look at the City Code regarding the total signage allowed on a lot and the total signage allowed on a canopy. FINDINGS OF FACT 1. All procedural requirements for amendments to the Ordinance have been complied with. 2. Notice of the public hearing was published in the Hutchinson Leader on Thursday, July 5th, 2001. The hearing was held at the regular meeting of the Planning Commission on Tuesday, July 17th, 2001 at which time there was no one present objecting to the request. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend the minor changes in the Ordinance be approved as set forth in the attached ordinance Respectfully submitted, William Arndt, Chairman Hutchinson Planning Commission E 8(b) Pruned on acycicd Weer - Sign Variance Murphy Oil USA/WalMart Stores Planning Commission Review — July 17, 2001 Page 3 SIGN ORDINANCE REVIEW The sign ordinance has two major areas that are problematic for this application: 1. Gas station canopy allowances. 2. The way in which square footages for allowable signage is calculated. Canopy Signage: Staff reviewed other City ordinances for stipulations of maximum canopy signage. Lakeville had the only stipulation on canopy signage. They maximize the amount of signage to be no more than 20% of the canopy fagade. In Murphy Oil's case, 20% would be 233 square feet (1,168 square feet of canopy area). The other flaw staff has observed with a calculation of canopy is that sizes of the canopies vary. For example, the Casey Gas Station on Highway 7, built in 1998 had a 39" canopy and a 68 front foot building. This would have allowed total signage to be 272 square feet. The Amoco Gas Station on Highway 7 is changing names and has requested a sign permit to reconstruct the signage. This canopy is 30" high and would have allowed 82 square feet of signage (4 10 square foot canopy). In staffs opinion, a percentage of the canopy is not a good method. Perhaps a maximum of a 20 square foot per side, which does not extend beyond the canopy, would be more appropriate. The current ordinance, allowing 9 square feet does seem a bit small. Square Footage Calculations: The way in which signage is allowed is usually calculated in three ways: 1. A certain square footage times the lot front foot. 2. A certain square footage times the building front foot. 3. A percentage of the wall space of the building. (There are graphics attached showing how these types of ordinances may apply.) If the City were interested in detaching the calculation from the SIZE of the building, options 2 and 3 would not apply. If option 1 were used, this would tie it to lot size. There are a few examples: the City's minimum lot size for C4 lots are 200 feet in width, which would equal 400 square feet of signage for those lots. In this case, the leased area of the lot is 100 feet wide wide, which would equate to 200 square feet of signage. However, it is common to find a maximum of 250 square feet in ordinances, which utilize this method. As a comparison, typical gas stations in this City are between 45 and 70 feet wide in lineal footage. This would provide between 180 and 280 square feet of signage, if using the current ordinance of 4 square feet per front foot of building. The new Amoco signage would have been allowed 284 square feet, based on the current ordinance. Their actual proposed signage is 158 square feet. Cc: Murphy Oil USA Inc., 131 South Robertson Street/13 Floor, New Orleans LA 70112 CEI Engineering Associates Inc, Box 1408, Bentonville Arkansas 72712 WalMart Stores Inc., 2001 SE 10' Street, Bentonville, Arkansas 72712 8(b) - m Aavtlmc. to T. S. AiL 11a3ry r-__ 1 I �,naaum M.a PraME. ladi o. Cl.aar r -10• ' I I I FNn $Im 6..taallm AI.a wl .W b � S XM�t i a• Ana - p 5q. PL) \ CANOPY FRAMING PLAN $CAIE: 1/8 -. 1 Wa ay F %dw 0 CANOPY ELEVATION co o CANOPY ELEVATION 1. Lamlan M6 Q.mIM M 4 LM m Aavtlmc. to T. S. AiL yy p.py. O A By 5l. lay. PraME. ladi o. Cl.aar 2 Cmfwelr To Prate. M Fm faC� ppn u.. w. SrAeYp N edt4 LeeY NvMr. aM CROSS SEC flat I . Fm Slpnov. YulaYalbn. Leaat. WmOIp Xa1.. Y Pr umalocMi. lmwnwn W�i'8Y //. b � S XM�t i a• Ana - p 5q. PL) \ CANOPY FRAMING PLAN $CAIE: 1/8 -. 1 Wa ay F %dw 0 CANOPY ELEVATION co o CANOPY ELEVATION 1. Lamlan M6 Q.mIM M 4 LM m Aavtlmc. to T. S. AiL yy p.py. O A By 5l. lay. PraME. ladi o. Cl.aar 2 Cmfwelr To Prate. M Fm faC� ppn u.. w. SrAeYp N edt4 LeeY NvMr. aM CROSS SEC flat I . Fm Slpnov. YulaYalbn. Leaat. WmOIp Xa1.. Y Pr umalocMi. lmwnwn Y.Nmbd Prkw OvnYgtM Sw S , - 3G $G FL) 'NiM .weNaalM Prk. Slm $ N.0 I - 1 w M.a - p Sv. R.). % 3/4 LG Tuff-llle W N . v -• \-M r Si" I).d Y. s 16• Enbwwa wat. Aa�lk FLANGE BRACE DETAIL SCALE 1/27 - I ,• StW Spllw Plat. M, %3 M, %21 BEAM aPLIQE DETAIL SCALE: I• - Y-0• / WWWv. LG sv CUP Pr PO scI . 1 - 1• -7 It. �4LIIr N.1! F.l � P1C tlw 1 •Pop lMt. 4•. To S. l.euri,9 Q I O AQI a• C epW..0M6epuWp�l MI ..a �5. 1 Y� PK da. M.E a Cm Y� y % 10 % t/ - i S , tPr Md ll.la. ME LxM)m. I f' � �1 t..wy �.rilaaM . a PAa 9P! l.. MaG , .. • Nt.maO_y �mlhalM C CA OPY ELEVATION $cue 1/e - V -ll• a 4 r mr CANOPY FASCIA CROSS SEC scI . 1 - 1• -7 It. �4LIIr N.1! F.l � P1C tlw 1 •Pop lMt. 4•. To S. l.euri,9 Q I O AQI a• C epW..0M6epuWp�l MI ..a �5. 1 Y� PK da. M.E a Cm Y� y % 10 % t/ - i S , tPr Md ll.la. ME LxM)m. I f' � �1 t..wy �.rilaaM . a PAa 9P! l.. MaG , .. • Nt.maO_y �mlhalM C CA OPY ELEVATION $cue 1/e - V -ll• Hutchinson City Code is Chapter 11 Section 10 Special Provisions PUBLICATION NO. 6623 ORDINANCE NO. 01 -296 Ordinance Amending Section 10.14 Relating To The Sign Regulations (Gas Stations) SECTION 10: SPECIAL PROVISIONS 10.14 SIGNS PURPOSE The purpose of this Section is to provide standards for the use and display of signs. It is recognized that signs serve an important function and, therefore, reasonable and adequate display of signs is permitted under the provisions of this section. At the same time, this Section recognizes that there is a definite need to regulate the display of signs as signs utilize the visual element of the public right -of -way to bring messages to the public. Limitations and standards are established herein consistent with the type of the district and the uses and activities in the district. Any sign placed on land or on a building for the purposes of identification or protection of the same or for advertising a use conducted thereon or therein shall be deemed to be accessory and incidental to such land, building or use. It is the purpose of this Section to place such limitations on the display of all signs as will assure that they will be appropriate to the land, building, or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification, protection, or advertisement. GENERAL REQUIREMENTS Except as otherwise provided by this Section, signs as defined in Section 3, where permitted, shall comply with the following requirements: (1) Location: No sign shall be placed in or extended over any public right -of -way in any District except the C -3 Downtown Business District. Pre - existing signs which violate required setbacks and/or encroachment of rights -of -way shall be considered as non - conforming structures. Signs in street right -of -way shall be 8 feet above grade line. In no rase shall signs create any traffic sight hazards. (a) Pre- existing signs which violate required setbacks and/or encroachment or rights -of -way shall be considered as non - conforming structures. (b) No sign shall be erected to project above the roof or parapet wall line of any building except by conditional use permit. (c) Wall signs integral with, painted on, or attached Oat against the face of the building and/or structure shall not extend more than twenty -four (24) inches from such a structure. (d) No temporary sign shall be attached to a light standard or the supporting pylon of a freestanding sign (2) Measuring: For multi -faced signs, each display face shall be measured except in the case of 2 -sided signs that are identical on both sides. (3) Traffic Hazard: No sign shall be erected near or at any intersection of any streets in such manner as to obstruct free and clear vision, or at any location where by reason of position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. Review of the sign ordinance City Council July 24, 2001 - Page 1 8(b) 8(b) Hutchinson City Code Chapter 11 Section 10 Special Provisions (4) Marquees, Canopies and Awnings: Signs attached to a marquee shall not extend beyond the fascia or vertical surface of such marquee. No sign or sign structure except as mentioned above shall be placed on the roof of a marquee. No advertising shall be placed on any awning or canopy except the name of the owner and/or business conducted on the premises. (5) Freestanding Signs: Freestanding signs shall not exceed 27 feet in height above the ground on which they rest. No part of any sign may be within 5 feet of any property line. (6) Roof Signs: Roof- mounted signs are not permitted. (7) Wall Signs: Wall signs placed or painted on the exterior walls of buildings shall not extend beyond twenty -four (24) inches of the wall surface. Wall signs attached to and projection from the exterior walls of buildings shall not extend beyond twenty -four (24) inches of the wall surface and shall not cover more than 15 percent of that business' wall. (8) Illumination: The light from any illuminated sign or from any light source, including interior of a building, shall be so shaded, shielded, or directed that the light intensity of brightness shall not adversely affect surrounding or facing residential districts, or adversely affect safe vision of operators of vehicles moving on public or private roads, highways, or parking areas. Light shall not shine or reflect on or into residential structures. (9) Maintenance of Signs: All signs shall be kept in good repair and avoid a weather condition resulting in illegibility, missing parts, words, etc. • (10) Tenant Lists on Freestanding Signs: If a freestanding business center sign lists the names of three or more individual tenants: (a) The total area of the business center name, plus tenants' names, cannot exceed the total allowable area of a freestanding sign. (b) Tenants' names must be displayed in the same typeface, method of illumination, and method of display (panel vs. individual letters) as one another. (c) The business center name and the tenants' names must be produced in the same materials, method of illumination, and method of display (panel vs. individual letters) as one another. (d) Tenants' names must be arranged in a rectangular grouping which does not extend horizontally beyond the edges of the business center name area. (11) Major Tenant Logos on a Freestanding Sign: If a business center wishes to display the logotypes of its major tenant(s) on its freestanding business center identification sign(s): (a) The total area of the various elements of the freestanding sign may not exceed the total allowable area of a freestanding sign. (b) No more than two tenants may be displayed in this manner on each freestanding business center identification sign. (c) The tenant logotypes and business center name (if included) shall be displayed on a single sign structure. Review of the sign ordinance City Council July 24, 2001 — Page 2 8(b) • Hutchinson City Code Chapter 11 Section 10 Special Provisions (d) The tenant signs shall be designed and arranged to appear as an integrated whole. Namely, the proportions of the two signs shall be approximately equal; the materials, method of illumination, and method of display (individual letters vs. panel) should be the same; and both signs should be arranged within a rectangular area. (12) Grouping Small Wall Signs: When a number of small wall signs are grouped together, such as at the entrance of an interior "mini - mall," those signs must be arranged in a framework or common display system which gives the impression of a single, larger sign. Type styles may differ but the method of construction and illumination and the display format (individual letters vs. panel) must be the same. (13) Other Identification Signs In Business Centers: (a) If a canopy or other building overhang is used, each business may have an under - canopy identification sign not exceeding 4 square feet. (b) Each business may have an identification sign on its door not exceeding 3 square feet. (14) Gas Station Canopy Signs: Signs on gasoline pump area canopies shall be regarded as freestanding signs and regulated as such. One exception is that a logotype or price sign of up to a 20 square feel shall be allowed on each canopy side visible from a public right -of -way. SIGN STANDARDS BY ZONING DISTRICT • (1) General: The following sign standards by zoning district shall apply to every existing zoning district and new zoning district hereafter created unless otherwise expressly provided in such zoning districts. Only signs as described herein shall be permitted. Municipal signs are exempt. (2) Signs Permitted in All Zoning Districts: Subject to the other conditions of this ordinance, the following signs shall be permitted in any zoning district within the City. Signs in Subsection a), b), c) and d) shall be considered temporary. These signs and those described in Subsection g shall be allowed to be placed in any required yard setback, not including boulevards or public right -of -way. (a) Construction Signs: One non - illuminated temporary sign facing each bordering street, identifying all parties engaged in the construction of a building, provided that the sign shall not exceed thirty -five (35) square feet in area, does not obstruct the vision in the public right -of -way, and is removed within thirty (30) days following occupancy of the building. (b) Real Estate Signs: One non - illuminated real estate sign not over 5 percent of the wall to which it is attached advertising the sale, rental, or lease of only the building or premises on which R is located, or 12 square feet per side if freestanding. (c) Political Signs: Political sign or signs shall be permitted on each lot for a period of forty -five (45) days prior to and ten (10) days after an election. (d) Portable Signs: Portable signs are not permitted on highway frontage per MN Statutes 173.01 and 173.02. Portable signs may be permitted by Conditional Use Permit only on collector streets. (amended 218!94) Portable signs may not be flashing. Portable signs may not be placed or extend over the front 5 feet of any required setback in any District. Portable signs may not be fastened to any pylon or light pole. Portable signs may not be erected or placed for more than 30 days at a time, with at least 180 days • Review of the sign ordinance City Council July 24, 2001 — Page 3 8(b) • Review of the sign ordinance City Council July 24, 2bn1 — Page 4 8(b) Hutchinson City Code • Chapter 11 Section 10 Special Provisions between permits. (f) Owner-Occupant Sign: One residential name sign not to exceed 2 square feet per sign side in area, identifying only the name of the owner or occupant of a residential building. (g) Home Occupation Sign: One non - illuminated identification sign, not to exceed 4 square feet per sign side in area, for the following permitted uses: resident professional offices, home occupations and boarding - lodging houses. (h) Directional and Private Traffic Control Signs: Directional and private traffic control signs indicating traffic movement onto a premise, or within a premise, not exceeding 6 square feet of surface area for each sign, are permitted. No advertising message may be incorporated on such signs. Such signs shall not be located in the public right -of -way unless approved by the City Council. (i) Temporary Signs: Temporary signs to direct traffic to businesses during road construction are allowed as permitted by City Council only. (j) Billboards: Billboards are not permitted. See Section 3, Definitions (Sign, Billboard) (Amended 1199) (k) Off- Premise Signs: Off- premise signs are not permitted. (Amended 1199) (3) Signs Permitted in Residential Districts: Subject to the other conditions of this ordinance, the following signs shall be permitted in residential districts: • (a) Subdivision Plat Signs: Temporary signs advertising a new subdivision plat provided such signs do not exceed 48 square feet in aggregate surface area per sign side, identifying only the plat In which they are located, are non - illuminated, and are erected only at dedicated street entrances to the plat. Such signs shall be removed if construction of subdivision improvements is not in progress on the plat within 60 days following the date of the sign erection or as soon as 80 percent of the lots are developed and sold. (b) Club, Lodge, Office Signs: One illuminated or non - illuminated identification sign not to exceed 40 square feet per sign side in area for the following uses: clubs, lodges, fraternities, and professional offices where permitted. (c) Civic, Religious Organizations, and Other Permitted Non - Residential Uses: One illuminated or non- illuminated identification sign or bulletin board not to exceed a total of 40 square feet in area for the following uses: public schools, parochial schools, colleges, public libraries, museums, social and recreational buildings, parks, playgrounds, hospitals, sanitariums, charitable and religious institutions, churches, cemeteries, and governmental office buildings. (d) Development Signs: Permanent signs of up to 20 square feet identifying a residential subdivision or business park may be allowed if well landscaped and built with colors and materials compatible with the primary structure(s). (e) Vacancy Signs: Vacancy signs within residential districts are limited to 4 square feet. • Review of the sign ordinance City Council July 24, 2bn1 — Page 4 8(b) . Hutchinson City Code Chapter 11 Section 10 Special Provisions (4) Signs Permitted in Commercial and Industrial Districts: The following signs shall be permitted in the C-1, C -2, C -3, C-4, 1-1,1-2 and I -C Districts. (a) Signs as Permitted in Residence Districts: Signs as permitted and regulated for the uses in the Residence Districts. (b) Business Signs: (1) Within the C -1 (Neighborhood Convenience Commercial District) District, the square footage of sign space per lot shall not exceed the 2 square foot per front foot of building. The least width of a lot for purposes of this section shall be the front. No individual sign surface shall exceed 50 square feet. Two (2) or more smaller signs may be arranged and integrated so as to cause a sign surface not exceeding one hundred (100) square feet. No sign shall extend in height more than two (2) feet above the highest outside wall or parapet of any principal structure. (2) Within the C -2 Automotive Service Commercial Distric the aggregate square footage of sign space per lot shall not exceed 4 square feet per front foot of building. No individual signs surface shall exceed one hundred (100) square feet. (3) Within the C-4 and I -C Districts, name plate signs, and business signs are permitted provided the aggregate square footage of sign per lot shall not exceed the sum of one 4 square feel per front foot of building. On corner lots, two front footage calculations are allowable provided such side contains a major building entrance. The maximum height of a freestanding sign shall not • exceed 27 feet. Gas Station Signage shall be limited to a calculation equal to 2 square feet p er front foot of lot, but in no case shall exceed 150 square feet of aggregate signage. Corner lots may use both sides in the calculation if such side has a major building entrance but in no cas shall exceed the maximum. (4) Within any 1 -1 and 1 -2 Industrial Districts, name plate signs and business signs are permitted provided the aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of such lots. The maximum allowable being 600 square feet. (5) Where a building does not cover the full area of the property, signs may be freestanding or group supported. A minimum of forty (40) feet of lot frontage shall be required to permit a freestanding sign. The maximum size of any freestanding sign shall not exceed eighty (80) square feet per sign side. (c) Window Signs: Signs may be placed in the window area of business operations subject to a limitation of forty (40) percent coverage of the total glass area for the main entrance of such operation. (d) Banner Signs: One or more banners not exceeding two square feet per front linear foot of building are allowed on primary side of building for no more than 45 days in a calendar year. (5) Signs Permitted in the Main Street Area District: Signage in the Main Street area, which is defined as the area located between the east side of Franklin Avenue from the Crow River to Fourth Avenue Southwest and the westside of Hassan Street from the Crow River to Fourth Avenue Southeast, shall be subject to the following additional requirements. Signage shall be designed to enhance and complement the character of buildings within the district. All new • Review of the sign ordinance City Council July 24, 2001 — Page 5 8(b) • Hutchinson City Code Chapter 11 Section 10 Special Provisions signs, the replacement, alteration, painting and so forth of an existing sign, requires a sign permit application and may require review by the downtown design review committee if the sign does not specifically meet these requirements. (a) Size and Placement Within the Main Street Area, name and business signs are permitted, provided the aggregate square footage of sign per lot shall not exceed the sum of two (2) square feet per front lineal foot of building. On comer lots, the allowable square footage on the side exposure will be the same as the front, provided that side contains a major building entrance. Where the sign consists of any combination of individual letters, panels, numbers, figures, illustrations, logos or of a line or lines, to forth display or sign, the area of the sign shall be computed using the outside dimensions of the various words, figures, numbers or illustrations composing the entire sign. For mufti-faced signs, each face shall be measured except in the case of a sign with two identical sides. Signs shall be positioned so that they are an integral design feature of the building which means that signs shall help define and enhance the architectural features of the building and shall be placed so that they do not destroy architectural details such as but not limited to stone arches, glass transom panels, or decorative brickwork. No sign shall be placed to project above the roof or parapet wall line of a building except by conditional use permit. Signs may be placed only in the horizontal lintel "sign space" or within window glass, or on the awnings. In buildings that do not have a traditional lintel sign area, signs shall be placed no higher • than 36 inches above the building openings. Signs attached to a marquee shall not extend beyond the vertical surface of the marquee. No sign shall be placed on the roof of a marquee. Only the name of the owner and/or business conducted on the premises may be placed on any awning or canopy. Wall signs shall not extend more than 24" from an exterior wall surface and shall not cover more than 15% of that business= wall. No sign shall create any traffic sight hazard. All signs are to be placed within 60 days of the issuance of the sign permit and be kept in good repair and avoid a weather condition resulting in illegibility, missing parts or words, etc. (b) Lettering: Lettering styles shall be legible and relate to the character of the property's use. No sign shall contain more than two (2) lettering styles. Franchise logo signs are permitted. Letter height shall be no more than 75% of the lintel height. (c) Colors: Sign colors shall blend with the building facade to which the sign is attached and be compatible with the property's use No more than two letter colors are permitted (including black and white).' No more than three colors shall be used for the entire sign.(unless authenticity requires minimal use of additional colors.)' (d) Message: The sign message shall be legible and relate to the nature of the use. These requirements may be accomplished through the use of words, pictures, names, symbols, and logos. (e) Illumination: External illumination of signs is permitted. Lighted signs shall emit a continuous white light that prevents direct light from shining onto the street. Backlit plastic panel signs are permitted it they are designed in character with the era of the original building construction.' Exposed external conduit wiring is not permitted. (f) Freestanding Signs: All freestanding signs in the C -3 district shall be located, sized, and landscaped • Review of the sign ordinance City Council July 24, 2001 — Page 6 8(b) Hutchinson City Code • Chapter 11 Section 10 Special Provisions so that they do not obscure the view of adjacent properties. All freestanding signs shall conform to all sections of this ordinance. Freestanding signs shall not exceed 27 feet in height and must be set back at least 5' from any property line. For tenant lists and major tenant logos on freestanding signs, see Section 10.14 General Requirements in the Hutchinson Zoning Ordinance. (g) Signs for Pedestrian Traffic: A sign in addition to that otherwise allowed in this section is permitted. The sign shall be no larger than six square feet (three feet maximum on each side) and be placed so the bottom of the sign has no less than six feet eight inches (6' 8') of clearance. Such signs shall be allowed to project two feet into the public right -of -way. The square footage of pedestrian signs shall be deducted form the total allowable sign area for that building. Pedestrian signs shall conform to all sections of this ordinance. (h) Rear Building Signs: Signs shall be allowed on the rear of a building. The square footage of rear building signs shall be limited to one half square foot per rear lineal foot of building. (1) Signs on Exterior Walls: Signs shall not be painted on exterior wall of any building or structure. (j) Murals: Murals require review by the Downtown Design Review Committee and an approved Conditional Use Permit by the City Council.` (k) Banners: One or more banners not exceeding two square feet per front linear foot of building are allowed on primary side of building for no more than 45 days in a calendar year. • (I) Appeals: Upon notice of any application being rejected by the City Staff, the applicant shall have access to appeal to the Downtown Design Review Committee, and if rejected by the Downtown Design Review Committee the applicant shall have the appeal procedure pursuant to the City of Hutchinson Zoning Ordinance. REQUIRES REVIEW BY THE DOWNTOWN DESIGN REVIEW COMMITTEE IF THE SIGN DOES NOT SPECIFICALLY MEET THIS REQUIREMENT. PROHIBITED SIGNS The following described signs are hereby declared a nuisance and shall be prohibited in all districts of the City. (1) Revolving and Flashing Signs: Signs which revolve or flash or consist of lights which revolve or flash are prohibited with the exception of devices which inform the public of time and/or temperature. Moving message type signs shall be permitted as an exception when their messages consist primarily of news, public announcements, etc., or a non - advertising nature. (2) Signs Imitating Official Signs: Signs which imitate an official traffic signor signal or which contain the words "stop ", "go slow ", "caution ", "danger", "warning ", or similar words. (3) Confusing Signs: Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device; or which hide from view any traffic or street sign or signal; or which obstruct the view in any direction view at a street or road intersection. (4) Signs Advertising Terminated Businesses: Business signs which advertise an activity, business, or service no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than sixty (60) days from • Review of the sign ordinance City Council July 24, 2001 — Page 7 8(b) Hutchinson City Code • Chapter 11 Section 10 Special Provisions the date of vacancy. (5) Right -of -Way: Business or advertising signs which are placed on a municipal, county, or state right -of -way. (6) Other Temporary Signs: Signs which are pasted or attached to utility poles, trees, fences, or other signs. (7) Portable Signs: Portable signs and portable ground signs with changeable lettering are prohibited. AMORTIZATION OF NON -CONFORMING SIGNS Certain signs existing at the time of the enactment of this Ordinance and not conforming to its provision, but which did conform to previous laws shall be regarded as non - conforming signs. Non - conforming signs which are structurally altered, relocated, or replaced, or when ownership of property is changed, shall comply immediately with all provisions of this Ordinance. Nothing in this Ordinance shall prevent the City Council from granting temporary permits for lights, banners, signs, or decorations relating to civic or community celebrations, subject to such conditions as the City Council may see ft to impose. (Amended 11/12196) EFFECTIVE DATE OF ORDINANCE. This ordinance shall lake effect upon is adoption and publication. Adopted by the City Council this day of July, 2001 Attest: • Gary D. Plotz Marlin Torgerson, Mayor • Review of the sign ordinance City Council Juty 24, 2001 — Page 8 8(b) RESOLUTION NO. 11763 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 1 PROJECT NO. 01 -01 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: Project No. 01 -01 School Road SW from McDonald Drive SW to TH 7 by milling and overlay construction and appurtenances, and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Wm Mueller & Sons Inc $177,435.25 831 Paris Ave, Hamburg, MN 55339 Duininck Bros Inc $197,884.63 408 6" St, Prinsburg, MN 56281 -0208 • and whereas, it appears that Wm Mueller & Sons Inc. is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Wm Mueller & Sons Inc in the amount of $ 177.435.25 in the name of the City of Hutchinson, for Project No. 01 -01, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 24th day of July, 2001. Mayor • City Administrator 8(c) /� � � � � /\ \� � \ \2 y �� � � � � � � �� :, Z � � r� u TAX CHANGES FOR 2002 LEVY LIMITS Are in place for 2002 T-- anw ,..u,t uc sd by Jepiember i %, ivUl State Aids (preliminary) LOCAL GOVERNMENT AIDS HACA TOTAL Loss Aids $336,017 • • CLASS RATE Residential Homestead Up to $76,000 $76,000 - $5000000 Over $500,000 Apartments Regular Low Income Commercial- Industrial Up to $150,000 Over $150,000 2001 1,580,966 941,011 $2,521,977 2001 2002 1.0 % 1.0% 1.65% 1.0% 1.65% 1.25% 2.4 % 1.8% 1.0% 0.9% 2.4 % 1.5% 3.4% 2.0% 2002 $2,185,960 -0- 2,185,960 TRUTH IN TAXATION HEARING Not required for 2001 pay 2002 Taxes Option to hold a hearing but do not need to meet publication requirements County required to mail MODIFIED parcel specific notices by December 14, 2001 TIF IMPACT Tax capacity reduced School rates declines ( 2001 = 52.430 %) State Rate will no apply State Grant to assist in funding short fall (funding ?) pl Q January 2001 U.S. Department of Transportation Federal Aviation Administration Terms And Conditions Of Accepting Airport Improvement Program Grants • • Sponsor: Airport: This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the sponsor accepts a Grant Offer from the FAA that references this document. The terms and conditions may be unilaterally amended by the FAA, by notification in writing, and such amendment will only apply to grants accepted after notification. I. Certifications Section 47105(d), Title 49 of the United States Code authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. In accepting a grant, the sponsor certifies that each of the following items will be complied with in the performance of grant agreements. If a certification cannot be met for a specific project, the sponsor must fully explain in an attachment to the project application. A. Sponsor Certification for Selection of Consultants General procurement standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100 -14. 1. All advertisements will be placed to ensure fair and open competition from a wide area of interest. 2. For any and all contracts over $25,000, consultants will be selected using competitive procedures based on qualifications, experience, and disadvantaged business enterprise requirements with the fee determined through negotiation. 3. An independent cost analysis will be performed, and a record of negotiations will be prepared reflecting the considerations involved in the establishment of fees for all engineering contracts with basic service fees exceeding $100,000. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 1 of 27 4. If any services are to be performed by sponsor force account personnel prior approval must • be obtained from FAA. 5. All consultant services contracts will clearly establish the scope of work and delineate the division of responsibilities between all parties engaged In carrying out elements of the project 6. All costs associated with work ineligible for AIP funding will be clearly identified and separated from eligible Items. 7. All mandatory contract provisions for grant - assisted contracts will be included in all consultant services contracts. 8. If any contract is awarded without competition, pre -award review and approval will be obtained from FAA. 9. Cost- plus- percentage-of -cost methods of contracting prohibited under Federal standards will not be used. 10. If services being procured cover more than a single grant project the scope of work will be specifically described in the advertisement, and future work will not be initiated beyond five years. B. Sponsor Certification for Project Plans and Specifications General AIP standards are described in Advisory Circulars 150/5100 -6, 150 /5100 -15, and 150/5100 -16. A list of current advisory circulars with specific standards for design or . construction of airports and procurement or installation of airport equipment and facilities is referenced in Section III.C.24. 1. All plans and specifications will be developed in accordance with all current applicable Federal standards and requirements, or state standard specifications developed under a Federal grant, and no deviation from or modification to standards set forth In the advisory circulars will be allowed without prior approval of the FAA. 2. All equipment specifications will rely on the national standards as contained in the Advisory Circulars, without deviations, to the maximum extent possible. Specifications for the procurement of equipment for which there is no Federal specification or standard, will not be proprietary nor written to restrict competition. If there is no national standard, or if the national standard provides for a choice to be made, at least two manufacturers will assure that they can meet the specification. A deviation from the national standard will require FAA approval of the design standard modification. 3. All development to be Included In any plans is depicted on an Airport Layout Plan approved by FAA. 4. All development which is ineligible for AIP funding will either be omitted from the plans and specifications or costs associated with ineligible or AIP non - participating items will be separated and noted as non -AIP work and deducted from AIP project reimbursement requests. 5. Process control and acceptance tests required for any and all projects by standards contained • in Advisory Circular 150/5370 -10 will be included In the project specifications. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 2 of 27 • 6. If a value engineering clause is incorporated into any contract, concurrence will be obtained from FAA. 7. All plans and specifications will incorporate applicable requirements and recommendations set forth in the Federally approved environmental finding. 8. For all construction activities within or near aircraft operational areas, the applicable requirements contained in Advisory Circular 150/5370 -2 will be discussed with FAA and Incorporated Into the specifications. A safety/phasing plan will be prepared, and prior FAA concurrence will be obtained. 9. All projects will be physically completed without Federal participation in costs that are due to errors or omissions in the plans and specifications that were foreseeable at the time of project design. 10. All Airport Layout Plan (ALP) revisions and proposals for facility construction clearance will include coordinates that are either surveyed or based on reference coordinates previously found acceptable to FAA. The coordinates will be verified and found consistent with the dimensions shown on the project sketch /ALP. The coordinates will be in terms of the North American Datum of 1983. 11. All site elevations on Airport Layout Plan (ALP) revisions and proposals for construction clearance will be within +/ -0.1 foot vertically and the vertical datum will be In terms of the National Geodetic Vertical Datum of 1929. C. Sponsor Certification for Equipment/ Construction Contracts • Standards for advertising and awarding equipment and construction contracts within Federal grant programs are described In 49 CFR 18.36. Sponsors may use their procurement procedures reflecting State and local laws or regulations provided procurements conform to specific standards In 49 CFR 18 and Advisory Circulars 150 /5100 -6, 150/5100 -15, and 150 - 5100 -16. 1. A code or standard of conduct will be in effect governing the performance of the sponsor's officers, employees, or agents In soliciting and awarding procurement contracts. 2. Qualified personnel will be engaged to perform contract administration, engineering supervision, and construction Inspection and testing on all projects. 3. All procurement will be publicly advertised using the competitive sealed bid method of procurement. If procurement is less than $100,000, project may use three (3) quote method. 4. All requests for bids will clearly and accurately describe all administrative and other requirements of the equipment and /or services to be provided. 5. Concurrence will be obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person /firm submits a responsive bid, b. The contract Is to be awarded to other than the lowest responsive and responsible . bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 3 of 27 d. Proposed contract prices are more than 10% over the sponsor's cost estimate. • 6. All contracts exceeding $100,000, require a bid guarantee of 5 %, a performance bond of 100 %, and a payment bond of 100 %. All contracts exceeding $100,000 will contain provisions or conditions specifying administrative, contractual, and legal remedies, Including contract termination, for those Instances in which contractors violate or breach contract terms. They also will contain provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). B. All construction contrails involving labor will contain provisions Insuring that in the employment of labor preference will be given to honorably discharged Vietnam era veterans and disabled veterans. 9. All construction contracts exceeding $2,000 will contain provisions requiring compliance with the Davis -Bacon Act and bid solicitations will contain a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 -330) and the Copeland "Anti-Kick Back' Act will be Included. 10. All construction contracts exceeding $10,000 will contain appropriate clauses from 41 CFR part 60 for compliance with Equal Employment Opportunity Executive Order 11246. 11. All contracts and subcontracts will contain clauses required from Title VI Civil Rights 191 Assurances and 49 CFR 26 for Disadvantaged Business Enterprises. 12. Appropriate checks will be made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified List. D. Sponsor Certification for Real Property Acquisition Requirements on real property acquisition and relocation assistance are in 49 CFR 24 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). 1. Good and sufficient title will be held on property in any and all projects. The sponsor's attorney or other official will prepare and have on file title evidence on the property. 2. If defects and /or encumbrances exist in the title which adversely Impact the sponsor's Intended use of property in the project, they will be extinguished, modified, or subordinated. 3. If property for airport development will be leased, the term Is for 20 years or the useful life of the project. The lessor is a public agency and the lease contains no provisions which prevent full compliance with the grant agreement. 4. Property will be in conformance with the current Exhibit A (property map). The property map is based on deeds, title opinions, land surveys, the approved Airport Layout Plan, and project documentation. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 4 of 27 • 5. For any and all acquisition of property interest in noise sensitive approach zones and related areas, property interest will be obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. 6. For all acquisition of property interest in runway protection zones and areas related to FAR Part 77 surfaces, property Interest will be obtained for the right of flight, right of Ingress and egress to remove obstructions, right to make noise associated with aircraft operations, and to restrict the establishment of future obstructions. 7. All appraisals will include valuation data to estimate the current market value for the property interest acquired on each parcel and will be prepared by qualified real estate appraisers hired by the sponsor. An opportunity will be provided the property owner or their representative to accompany appraisers during inspections. 8. All appraisals will be reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation. All written appraisals and review appraisal will be available to FAA for review. 9. A written offer to acquire property will be presented to the property owner for not less than the approved amount of just compensation. 10. Every effort will be made to acquire property through negotiation with no coercive action to induce agreement. If negotiation is successful, project files will contain supporting documents for settlements. 11. If a negotiated settlement is not reached, condemnation will be initiated and a court deposit • not less than the just compensation will be made prior to possession of the property. Project files will contain supporting documents for awards. 12. If displacement of persons, businesses, farm operations, or nonprofit organizations is involved, a relocation assistance program will be established. Displaced persons will receive general Information in writing on the relocation program, notice of relocation eligibility, and a 90 day notice to vacate. 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses will be provided within a reasonable time period for displaced occupant in accordance with the Uniform Act. E. Sponsor Certification for Construction Project Final Acceptance General requirements for final acceptance and close -out of Federally funded construction projects are in 49 CFR 18.50. The sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of the Grant Agreement and contract documents. 1. All personnel engaged in project administration, engineering supervision, and construction inspection and testing will be determined to be qualified and competent to perform the work. 2. All daily construction records will be kept by the resident engineer /construction inspector. These records document work in progress, quality and quantity of materials delivered, test locations and results, Instructions provided the contractor, weather, equipment use, labor requirements, safety problems, and changes required. Terns and Condidons of Accepting Airport Improvement Program Grants (January 2001) Page 5 of 27 3. All weekly payroll records and statements of compliance will be submitted by the prime • contractor and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circular 150/5100 -6 and 150/5100 -15). 4. All complaints regarding the mandated Federal provisions set forth in the contract documents will be submitted to the Department of Labor. S. All tests specified In the plans and specifications will be performed and the test results documented. A summary of test results will be available to FAA. 6. For all test results outside allowable tolerances, appropriate corrective actions will be taken. 7. All payments to the contractor will be made in compliance with contract provisions and verified by the sponsor's internal audit of contract records kept by the resident engineer. If appropriate, all pay reduction factors required by the specifications will be applied in computing final payments and a summary of pay reductions will be available to FAA. 8. All projects will be accomplished without significant deviations, changes, or modifications from the developed plans and specifications, except where approval will be obtained from FAA. 9. All final project inspections will be conducted with representatives of the sponsor and the contractor. Project files will contain documentation of the final inspection. 10. All work in the Grant Agreement will be physically completed and corrective actions required as a result of the final Inspection will be completed to the satisfaction of the construction contract and the sponsor. • 11. As -built plans and an equipment inventory, if applicable, will be maintained as sponsor records. If requested, a revised Airport Layout Plan will be made available to FAA prior to start of development. 12. All applicable close -out financial reports will be submitted to FAA within three (3) years of the date of grant. F. Sponsor Certification for Seismic Design and Construction 49 CFR Part 41 sets forth the requirements in the design and construction of the building(s) to be financed with the assistance of the Federal Aviation Administration. Compliance will be met by adhering to at least one of the following accepted standards: 1. Model codes found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP) Including: a. The 1991 International Conference of Building Officials (IBCO) Uniform Building Code, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. b. The 1992 Supplement to the Building Officials and Code Administration International (BOCA) National Building Code, published by the Building Officials and Code Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478 -5795. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 6 of 27 • c. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building Code, published by the Southern Building Code Congress International, 900 Montclair Road, Birmingham, Alabama 35213 -1206. 2. Revisions to the model codes listed above that are substantially equivalent or exceed the then current or immediately preceding edition of the NEHRP recommended provisions, as It Is updated, may be approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41. 3. State, county, local, or other jurisdictional building ordinances adopting and enforcing the model codes, listed above, in their entirety, without significant revisions or changes in the direction of less seismic safety, meet the requirement of 49 CFR Part 41. G. Sponsor Certification for Drug -Free Workplace 1. The sponsor certifies that it will continue to provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace and specifying the actions that will be taken against employees for violations of such prohibitions. b. Establishing an ongoing drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace. • (2) The grantee's policy of maintaining a drug -free workplace. (3) Andy available drug counseling, rehabilitation, and employee assistance programs. (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making It a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph a. d. Notifying the employee in the statement required by paragraph a that, as a condition of employment under a grant, the employee will: (1) Abide by the terms of the statement. (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statue occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph d(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant. f. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph d(2) with respect to any employee who Is so convicted: Terns and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 7 of 27 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended. (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. (3) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 2. The sponsor may insert in the space provided below the site(s) for the performance of work done in connection with grants: Place of Performance (street address, city, county, state, zip code) II. General Conditions A. The allowable costs of all AIP funded project shall not include any costs determined by the FAA to be ineligible for consideration under the Title 49 U.S.C. B. Payment of the United States' share of all allowable project costs will be made pursuant to and in • accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determinations of the United States' share will be based upon the final audits of the total amount of allowable project costs, and settlement will be made for any upward or downward adjustments to the Federal share of costs. C. The sponsor shall carry out and complete all AIP funded projects without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe. D. The FAA reserves the right to amend or withdraw a grant offer at any time prior to its acceptance by the sponsor. E. A grant offer will expire, and the United States shall not be obligated to pay any part of the costs of the project unless the grant offer has been accepted by the sponsor on or before 60 days after the grant offer but no later than September 30 of the Federal fiscal year the grant offer was made, or such subsequent date as may be prescribed in writing by the FAA. F. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, . order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 8 of 27 • any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. G. The United States shall not be responsible or liable for damage to property or Injury to persons which may arise from, or be Incident to, compliance with a grant agreement. H. If, during the life of an AIP funded project, the FAA determines that a grant amount exceeds the expected needs of the sponsor by $25,000 or five percent (5%), whichever is greater, a grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, with the exception of planning projects, If there is an overrun in the eligible project costs, FAA may Increase a grant to cover the amount of the overrun not to exceed the statutory fifteen (15 %) percent limitation for primary airports or either by not more than fifteen percent (15 %) of the original grant amount or by an amount not to exceed twenty -five percent (25 of the total Increase in allowable project costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding for non -primary airports. FAA will advise the sponsor by letter of the increase. Planning projects will not be increased above the planning portion of the maximum obligation of the United States shown In the grant agreement. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. In addition, the sponsors officially designated representative, is authorized to request FAA concurrence in revising the project description and grant amount within statutory limitations. A letter from the FAA concurring in the said requested revision to the project work description and /or grant amount shall constitute an amendment to a Grant Agreement. I. If requested by the sponsor and authorized by the FAA, the letter of credit method of payment • may be used. It is understood and agreed that the sponsor agrees to request cash withdrawals on the letter of credit only when actually needed for Its disbursements and to timely reporting of such disbursements as required. It Is understood that failure to adhere to this provision may cause the letter of credit to be revoked. 1. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this condition. M. Assurances (dated 9/1/99) A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor' means a public agency with control of a public -use airport; the term "private sponsor' means a private owner of a public -use airport; and the term "sponsor' includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and is become part of the grant agreement. B. Duration and Applicability. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 9 of 27 1. Airport development or Noise Compatibility Program Projects Undertaken by a • Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Cvil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section IIIC apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, • regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea .1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea d. Hatch Act - 5 U.S.C. 1501, et e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea 1,2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sec I. Clean Air Act, P.L. 90 -148, as amended. j. Coastal Zone Management Act, P.L. 93 -205, as amended. k. Flood Disaster Protection Ad: of 1973 - Section 102(a) - 42 U.S.C. 4012a.' I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea p. American Indian Religious Freedom Act, P.L. 95 -341, as amended. • q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea .' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.' Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 10 of 27 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea .' • t. Copeland Antikickback Act - 18 U.S.C. 874.' u. National Environmental Policy Act of 1969 — U.S.C. 4321 et sea .' v. Wild and Scenic Rivers Act, P.L. 90 -542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea .2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders a. Executive Order 11246 - Equal Employment Opportunityl b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 — Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs. e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constructionl f. Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' • f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non - construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local govemments. i. 49 CFR Part 20 - New restrictions on lobbying. J. 49 CFR Part 21 - Nondiscrimination in federally- assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.' m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises In Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' o. 49 CFR Part 29 — Government wide debarment and suspension (non- procurement) and government wide requirements for drug -free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and • services of countries that deny procurement market access to U.S. contractors. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 11 of 27 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated • new building constructlon.l. Office of Management and Budget Grculars a. A -87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments, It. A -133 - Audits of States, Local Governments, and Non -Profit Organizations 'These laws do not apply to airport planning sponsors. Z These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A -87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been • duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act In connection with the application and to provide such additional Information as may be required. It. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. It. For noise compatibility program projects to be carried out on the property of the sponsor, • it holds good titre satisfactory to the Secretary to that portion of the property upon which Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 12 of 27 • Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive It of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would Interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of Its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances In the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of kxml government or are on property owned by a unit of local government other than the sponsor, it will enter Into an agreement with that government. Except as otherwise • specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non- compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, It will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non - compliance with the terms of the agreement. e. If the sponsor is a private sponsor, It will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project Is reasonably consistent with plans (existing at • the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 13 of 27 7. Consideration of Local Interest. It has given fair consideration to the interest of communities In or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects Involving the location of an airport, an airport runway, or a major runway extension, It has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and Its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project Is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects Involving airport location, a major runway extension, or runway location It will provide for the Governor of the state in which the project Is located to certify In writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, • 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance- management program and It assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined In Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant Is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. • Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 14 of 27 • b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case In which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, In accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a- 276a -5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which Involve labor, such provisions as are necessary to Insure that, In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veteran as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, • specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be Incorporated into this grant agreement Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated Into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a • notice that the material was prepared under a grant provided by the United States. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 15 of 27 d. It will make such material available for examination by the public, and agrees that no • material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretarys approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with Its use for airport purposes. It will suitably operate • and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non - aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airports aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that It owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as Is required to protect Instrument and visual operations to the airport (Including established minimum flight altitudes) will be adequately cleared and protected by • removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 16 of 27 • 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, Including the adoption of zoning laws, to restrict the use of land adjacent to or In the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, Including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program Implementation, it will not cause or permit any change In land use, within Its jurisdiction, that will reduce Its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will Insert and enforce provisions requiring the contractor to: (1) fumish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. • c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed - based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with Its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. • g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 17 of 27 apply to the furnishing of such services by commercial aeronautical service providers • authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. I. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed - based operator to provide such services, and b. If allowing more than one fxed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter Flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, • aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other actMties which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self- sustaining as possible under the circumstances existing at the particular airport, taking Into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or • provisions enacted before September 3, 1982, in governing statutes controlling the owner or operators financing, provide for the use of the revenues from any of the airport Terms and Conditions of Accepting Airport Impmvement Program Grants (January 2001) Page 18 of 27 • owner or operator's facilities, Including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and Indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Me 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget In a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; • c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for Inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those • which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 119 of 27 a. Five (5) or more Government aircraft are regularly based at the airport or on land • adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Fadlities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather - reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed non- aviation areas and of all existing improvements thereon. Such Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which • approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the Airport Layout Plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the Airport Layout Plan as approved by the Secretary and which might, In the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. If a change or alteration In the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the Airport Layout Plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance Is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon In which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property Is used for a purpose for which Federal financial assistance is extended, or for • another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 20 of 27 • 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which Is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested In an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested In another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self - sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses • of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub - contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent quallfications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project In accordance with policies, standards, and specifications approved by the Secretary including but not limited to the most current version, at the time the grant is signed, of the advisory circulars listed under the following table titled "Current FAA Advisory Circulars for AIP Projects ", and in • accordance with applicable state policies, standards, and specifications approved by the Secretary. Terms and Conditions of Accepting Airport Improvement Program Grants (January 2601) Page 21 of 27 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS • Dated: 7/1/99 iitk 70/7460 -1 Obstruction Marking and Lighting 150/5000 -13 Announcement of Availability- -RTCA Inc., Document RTCA -221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5210 -5 Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210 -7 Aircraft Fire and Rescue Communications 150/5210 -13 Water Rescue Plans, Facilities, and Equipment 150/5210 -14 Airport Fire and Rescue Personnel Protective Clothing 150/5210 -15 Airport Rescue & Firefighting Station Building Design 150/5210 -18 Systems for Interactive Training of Airport Personnel 150/5210 -19 Driver's Enhanced Vision System (DEVS) 150/5220 -4 Water Supply Systems for Aircraft Fire and Rescue Protection 15015220 -10 Guide Specification for Water /Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220 -13 Runway Surface Condition Sensor Specification Guide 150/5220 -16 Automated Weather Observing Systems for NonFederal Applications 15015220 -17 IDesign Standards for Aircraft Rescue Firefighting Training Facilities 15015220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220 -19 Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles 150/5220 -20 Airport Snow and Ice Control Equipment 150/5220 -21 Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 150/5300 -13 Airport Design 150/5300 -14 Design of Aircraft Deicing Facilities 150/5320 -5 Airport Drainage 150/5320 -6 Airport Pavement Design and Evaluation 150/5320 -12 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320 -14 Airport Landscaping for Noise Control Purposes 1 501532 0 -1 6 Airport Pavement Design for the Boeing 777 Airplane 150/5325 -4 Runway Length Requirements for Airport Design 150/5340 -1 Standards for Airport Markings Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 22 of 27 15015340-4 Installation Al- Details for Runway Centerline Touchdown Zone Lighting Systems 15015340-5 Segmented Circle Airport Marker System 150/5340-14 Economy Approach Lighting Aids 150/5340-17 Standby Power for Non-FAA Airport Lighting Systems 150/5340-18 Standards for Airport Sign Systems 150/5340-19 Taxiway Centerline Lighting System 150/53-40-21 Airport Miscellaneous Lighting Visual Aids 15015340-23 Supplemental Wind Cones 150/5340-24 Runway and Taxiway Edge Lighting System 150/5340-27 Air-to-Ground Radio Control of Airport Lighting Systems 150/5345-3 Specification for L821 Panels for Remote Control of Airport Lighting 150/5345-5 Circuit Selector Switch 15015345-7 Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10 SPOGification for Constant Current Regulators Regulator Monitors 15015345-12 Specification for Airport and Heliport Beacon 150/5345-13 Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26 Specification for L823 Plug and Receptacle, Cable Connectors 15015345-27 Specification for Wind Cone Assemblies 150/5345-28 Precision Approach Path Indicator (PAPI) Systems 150/5345-39 FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers 15015345-42 Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43 Specification for Obstruction Lighting Equipment 15015345-44 Speci ication for Taxiway and Runway Signs 150/5345-45 Lightweight Approach Light Structure 150J5345-46 Specification for Runway and Taxiway Light Fixtures 150/5345-47 Isolation Transformers for Airport Lighting Systems 15015345-49 Specification _854, Radio Control Equipment 15015345-50 Specification for Portable Runway Lights 150/5345-61 Specification for Discharge-Type Flasher Equipment 150/5345-52 Generic Visual Glideslope Indicators (GVGI) 150/5345-53 Airport Lighting Equipment Certification Program 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations Terms and Conditions of Accepting AiWrt Improvement Program Grants (January 2001) Page 23of27 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real • property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT- assisted contracts. The recipients DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). AdIlk Terms and Condftions of Accepting Airport Improvement Program Grants (January 2001) Page 24 of 27 AhB R L s� s ak. a 150/5360 -12 Airport Signing & Graphics 150/5360 -13 Planning and Design Guidance for Airport Terminal Facilities 150/5370 -2 Operational Safety on Airports During Construction 150/5370 -10 Standards for Specifying Construction of Airports 150/5390 -2 Heliport Design 15015390 -3 Vertiport Design 150 /5100 -14 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5200 -30 Airport Winter Safety and Operations 150/5200 -33 Hazardous Wildlife Attractants On or Near Airports 15015300 -15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5370 -11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370 -12 Quality Control of Construction for Airport Grant Projects 150/5370 -6 Construction Progress and Inspection Report- Airport Grant Program 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real • property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT- assisted contracts. The recipients DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). AdIlk Terms and Condftions of Accepting Airport Improvement Program Grants (January 2001) Page 24 of 27 • W. Standard DOT Tide VI Assurances The sponsor hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, - Nondiscrimination In Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulatlons'� to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will Immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the sponsor agrees concerning this grant that: A. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23 (b)) will be conducted or operated in compliance with all requirements of the Regulations. B. It will insert the following clauses in every contract subject to the Act and the Regulations: "During the performance of this contract, the contractor, for itself, its assignees and successor in interest (hereinafter referred to as the contractor') agrees as follows: 1. Compliance witir Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DO 7 77t1e 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. • 2. Nondiscrimination. 77.re contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, Including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discdmination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Soticitabons for Subcontracts, Including Procurements of Materials and Equipment. In all solk itatlons either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract; including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notifred by the contactor of the contractors obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to Its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, oro'ers, and instructions where any information required of a contractor is in the exclusive possession of another who falls or refuses to furnish this Information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the mfom7ation. 5. Sanctions or Noncompliance. In the event of the contractors noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as • It or the FAA may detemune to be appropriate, including, but not limited to: Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 25 of 27 a. Withholding of payments to the contractor under the contract until the contactor complies, and /or • b. Cancellation, termination, or suspension of the contract, In whole or in part. 6. Incorporation of Provisions. fie contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, induding procurements of materials and leases of equipment, unless exempt by the Regulations or directives Issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or FAA may direct as a means of enforcing such provisions including sanctions of noncompliance. Provided, however, that In the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result ofsuch direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and In addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. C. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. D. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. E. It will include the following clauses, as appropriate: "1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does • hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land'9 that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the pro Wslon of similar services or benefits, the (grantee, licensee, leasee, perm/tee, etc.) shall maintain and operate such fadlities and services In compliance with all other requirements Imposed pursuant to 49 CFR Part 11, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, peinytee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of Use consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land'q that. (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination In the use of said facilities, (2) that In the construction of any improvements on, over, or under such land and Me furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 11, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended, of the FAA may direct as a means of enforcing such provisions including sanctions or noncompliance. Provided, however, that in the event a contract becomes involved In, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such 11t/gaton to protect the interests of the sponsor and, In addition, the contractor may request the United States to • enter Into such dtpation to protect the interests of the United States. ff Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 26 of 27 • as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the sponsor with other parties: 1. for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and 2. for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. F. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, In which case the assurance obligates the sponsor or any transferee for the longer of the following periods. 1. the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or 2. the period during which the sponsor retains ownership or possession of the property. G. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants or Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this • assurance. H. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. This assurance is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors In interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the sponsor. I certify that, for any and all projects with Federal participation to be undertaken by the sponsor, the sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein. Name of Sponsor Signature of Sponsor's Designated Official Representative Title . Dated Terms and Conditions of Accepting Airport Improvement Program Grants (January 2001) Page 27 of 27 0 • R55APPYREG LOG20000 9999.1015 CITY OF HUTCHINSON AP Payment Register 7119/2001 7/19/2001 7/20/2001 13:43:37 Page - Check Date Type Vendor Name Amount Payment Type 7/19/2001 105194 101876 AETNA VARIABLE LIFE ASS. CO. 740.00 Check Payment 7/19/2001 105195 101919 AMERICAN FAMILY INS CO. 86.82 Check Payment 7/19/2001 105196 103165 CONCORD SINGERS 350.00 Check Payment 7/19/2001 105197 105159 GOODPOINT TECHNOLOGY 1500.00 Check Payment 7/19/2001 105198 102823 GOVERNMENT FINANCE OFFICER 350.00 Check Payment 7/19/2001 105199 101875 GREAT WEST LIFE INS. CO. 300.00 Check Payment 7/19/2001 1052001 101872 H.R.L.A.P.R. 1 247.79 Check Payment 7/19/2001 1052011 102139 HUTCHINSON AREA CHAMBER OF 650.00 Check Payment 7/19/2001 1052021 102541 HUTCHINSON TELEPHONE CO 59.27 Check Payment 7/19/2001 1052031 101869 HUTCHINSON CITY OF 123.00 Check Payment 7/19/2001 1052041 102633 HUTCHINSON CITY OF 2226.29 Check Payment 7/19/2001 1052051 102635 HUTCHINSON CITY OF 93.37 Check Payment 7/19/2001 1052061 102771 HUTCHINSON CITY OF 10653.10 Check Payment 7/19/2001 105207 101873 ICMA RETIREMENT TRUST 2573.46 Check Payment 7/19/2001 105208 102489 MCLEOD COUNTY COURT ADMIN 435.00 Check Payment 7/19/2001 105209 101831 MCLEOD COUNTY SHERIFF'S OFF 224.39 Check Payment 7/19/2001 105210 102449 MINNESOTA CHILD SUPPORT PAI 175.81, Check Payment 7/19/2001 105211 101826 MINNESOTA DEPT OF NATURAL F 625.00 Check Payment 7/19/2001 105212 102649 MPCA 85.00 Check Payment 7/19/2001 105213 101914 NCPERS LIFE INS. 300.00 Check Payment 7/19/2001 1052141 102658 PERA- D.C.P. 52.02 Check Payment 7/19/2001 1052151 102597 PITNEY BOWES INC 130.00 Check Payment 7/19/2001 1052161 101877 PRUDENTIAL 75.00 Check Payment 7/19/2001 1052171 102096 PRUDENTIAL MUTUAL FUNDS 30.00 Check Payment 7/19/2001 105218 102615 PUBLIC EMPLOYEES 18913.26 Check Payment 7/19/2001 105219 102052 QUALITY WINE & SPIRITS CO. 11364.03 Check Payment 7/19/2001 105220 103832 RICH INC 1 8947.12 Check Payment 7/19/2001 105221 101879 TEMPLETON INC 369.95 Check Payment 7/19/2001 105222 101 880 WADELL & REED 150.00 Check Pa ent Pa ment T e Total 61829.68 Re rt Totals 61829.68 1 IMMEDIATE PAYS • ELECTRONIC FUNDS TRANSFERS M"I H.ATS.FUND MNDEPTOFREVENUF- FUELTAX 661-00 WATP.RISEWER NAI DEPT OF REVENUE -SALES TAX 7,399.00 GNRLFl1ND F DEPTOFREVENUE- ARENASALFSTAX 1,843.00 PAYROLL ACCOUNT - PAYROLL W JMY 13, NIl RRM INUN W: 07N7N1 FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT PEIO ACRE NPER •9I,JE9. 9W 5.3JN WIIN. TAX 9UB,ECT: "MST NTRE TRAF 11 AMOL 110,73 Ol 9995_lOiO 13,031.9 ...3319 CO. do T31E DEPOSITORY TRUST COI,IPANY for d9Berltl ppoNl $39,11 5u TOIAI - EW"Cmve 110.])1.0 89X.9]10 19.031.90 09X.9911 113.793.99 S To,4- EmH>rr CCTRUrM� N0,073Jr OrN Tn /- YIMIOYiq TaAw $a.]a9 m OE6CNPDLN 6rgbrr [oruiuibn. F�$rr/ Tu Enm$o9� cw.au,9,., 5«, se,irtY Engb/ae[onuL . McJVe Fmpbyr Cam2�em - Szwl 9v��tY FmpaY�CmlRVam . a �� 89 X.9N5 MN RYT OF REYEi11.F IEMO O?=H 1 TO: CRY STAFF 6 BAN( OFHCLELS FROM: KEN 91EJd31, FNAMCE DIRECTOR 9UB,ECT: "MST NTRE TRAF 11 TM foll-M9f -t ti rkW .Mereal pglrv9s • O&Vtg1 Clieee NYC ABA It 021-00031 b creBl the e®1e11 of Cetle S CO. do T31E DEPOSITORY TRUST COI,IPANY for d9Berltl ppoNl A®v0*0 US77E OBIFIELD- PA5W17450 1980A G. O Tu A4 l Fed96a$ Rafv191N N,90.0 1401 Impm9enpnl B B 50 1M OtPrawmenl Bontle 12 ,240.0 140InlAow . Bantle 15,3&5.00 1441 Ml own Bantle 43,M 13 184E Mpmw BoM 88,780.75 INNS GerrerN O604e9on HATS ]0 ,013.]5 14881Tpmvemenl Banta 18,550.75 1997 I11p..[ earlm 30,158.78 1480 Inprowmnl Bgtl$ 38,0803E t9W 111p1ow Bona. 97.893.75 300091pmYe ., Bantle &8,10.35 3000 W W. W BBMe 103,48750 5HA07ZI TM fob NMtla nntl to MRM1W- PRINGPAL pitr11el4a Cl a NYC ABA 0031-000031 b a lff1e.¢ of CetleE Co. da THE DEPOSRORY TRUST CONPANY W Re rnplbn Depoa9 Aatd91l• 008417) OBI FIELD - PA 5017450 1448A G. O Terude E !,W FetS Re1u1A14 130,00000 134.000.0 (FAX of borltl tlocun n9N In m ckm N eeme tlme W"OlpN pwpr ) FFNeIV rAE pe]errtl ehultl dl dry beoe ptrdpN 10 P NM,43 1W x T 0 .00 51,4333,430.]5 1 8.]6 1M Ta b dF ea 1 99® Tu M$tl F. RMrq 000 78,711.80 78,]1].50 ]13,15835 Haeppel TOTAL 934714133 FFmO , APPO,N CITY OF HUTCHINSON 7/24101 15:06:13 SAPPYREG LOG20DDO AP Payment Register Page - 1 5.1015 7124101 7124101 Ll E Check Date Type Check k Vendor Name An unt Void Amount Payment Type 7/24/01 PK 105223' 110012 3-D CNC, INC 255.00 Check Payment 7/24101 PK 105224 103041 ACTION ACCENTS 83.95 Check Payment 7[24101 PK 105225 101827 AG SYSTEMS 9.32 Check Payment 7124101 PK 105226 102217 ALLIED SERVICES OF HUTCHINSON 283.38 Check Payment 7/24101 PK 105227 110014 ALSLEBEN, RYAN 20.00 Check Payment 7124/01 PK 105228 101904 ANDERSON DOVE FRETLAND 8 VAN V 834.00 Check Payment 7124/01 PK 105229 101897 ANDERSON'S DECORATING CENTER 110.32 Check Payment 7124/01 PK 105230 110026 APCO INSTITUTE INC 818.00 Check Payment 7124101 PK 105231 110036 ASBESTOS ABATEMENT SPECIALTIES 6,400.00 Check Payment 7/24101 PK 105232 110004 ATHMANN, KEN 46.00 Check Paymerrt 7124101 PK 105233 102898 BAILEY NURSERIES 8,437.79 Check Payment 724101 PK 105234 101926 BARR ENGINEERING CO 1,442.64 Check Payment 7/24101 PK 105235 102257 BCAIFORENSIC SCIENCE LABORATOR 200.00 Check Payment 7124101 PK 105236 102039 SENNETT OFFICE TECHNOLOGIES 30.00 Check Payment 7/24/01 PK 105237 102255 BERKLEY RISK SERVICES 800.00 Check Payment 7/24!01 PK 105238 101916 BERNICK'S PEPSI COLA 830.30 Check Payment 7124101 PK 105239 110002 BETTER HALF EMBROIDERY 291.68 Check Payment 724101 PK 105240 110017 BIELKE, HEATHER 20.00 Check Payment 724101 PK 105241 109291 BLAKE, TONY 32.00 Check Payment 724101 PK 105242 102729 BOLTON 8 MENK INC. 25,732.50 Check Payment 724101 PK 105243 110042 BOOCK, JESSICA 25.00 Check Payment 724101 PK 105244 103984 BOOR SUSAN 10.00 Check Payment 724101 PK 105245 102455 BORCHART STEELE 330.15 Check Payment 724101 PK 105246 101987 BRANDON TIRE CO 854.38 Check Paymenl 724101 PK 105247 103349 BRANDT GARMET LETTERING 393.80 Check Payment 724101 PK 105248 102456 C 8 L DISTRIBUTING 41,560.95 Check Payment 724/01 PK 105249 102086 CADD/ENGINEERING SUPPLY 252.72 Check Payment 7124/01 PK 105250 104512 CALIFORNIA CONTRACTORS SUPPLIE 80.97 Check Payment 7124/01 PK 105251 104127 CASE CREDIT 25,186.15 Check Payment 724101 PK 105252 103014 CDI OFFICE PRODUCTS LTD 683.16 Check Payment 724101 PK 105253 104381 CENTRAL HYDRAULICS 96.33 Check Payment 7/24101 PK 105254 102253 CENTRAL MCGOWAN 224,88 Check Payment 724101 PK 105255 104955 CENTURY 7 THEATRE 200.00 Check Payment 724101 PK 105256 110005 CHADWICK, WAYNE 22.00 Check Payment 724101 PK 105257 102210 CHEMSEARCH 318.96 Check Payment 724101 PK 105258 105423 CINDY'S HOUSE OF FLORAL DESIGN 3652 Check Payment 724101 PK 105259 103064 CITGO 114.22 Check Payment 724/01 PK 105260 110015 COASH, ANDY 20.00 Check Payment 724101 PK 105261 102741 COBORNS INCORPORATED 22445 Check Payment 724101 PK 105262 110011 COMMERCIAL POOL 8 SPA SUPPLIES 22.56 Check Payment 724/01 PK 105263 102213 COMMISSIONER OF TRANSPORTATION 105.00 Check Payment 724101 PK 105264 102432 CONSTRUCTION BULLETIN 489.00 Check Payment 724101 PK 105265 102048 CONTINENTAL RESEARCH CORP 218.44 Check Payment 724101 PK 105266 110033 COURTERPORT CORP 2,701.73 Check Payment 7124101 PK 105267 1021192 CROWRIVERARTS 611.00 Check Payment 7124/01 PK 105268 102050 CROW RIVER AUTO 684.26 Check Payment 7124101 PK 105269 102121 CROW RIVER VET CLINIC 673.30 Check Payment 724/01 PK 105270 103791 CUMMINS NORTH CENTRAL 753.22 Check Payment 724/01 PK 105271 102178 CURTIS 1000 731.85 Check Payment 724101 PK 105272 104377 CUSTOM PRODUCTS 6 SERVICES 3,727.50 Check Payment • = Skip in Check Sequence or Dupllcate Check Void CITY OF HUTCHINSON 7/24101 1:06:13 R55APPYREG LOG20000 9999.1015 PP Payment Register Page - 2 7/2401 7124x11 Check Date Type Check p Vendor Name Amount Void Amount Payment Type • 7/24/01 PK 105273 108869 DAHLGREN SHARDLOW 8 UBAN 5,380.31 Check Payment 7/24/01 PK 105274 102488 DAY DISTRIBUTING 3,255.90 Check Payment 724101 PK 105275 110025 DEERFIELD SEMINARS INC 253.65 Check Payment 7124/01 PK 105276 102643 DIAMOND 5 CONSTRUCTION 826.00 Check Payment 7/2401 PK 105277 103333 DNR DIVISION OF WATERS 50.00 Check Payment 7 /24101 PK 105278 102710 DOMINO'S PIZZA 27.00 Check Payment 7 /2401 PK 105279 102275 DPC INDUSTRIES INC 1,120.74 Check Payment 7124101 PK 105280 102236 DUININCK BROS INC. 87,878.80 Check Payment 724/01 PK 105281 102647 DYNA SYSTEMS 207.29 Check Payment 7/24/01 PK 105282 102324 EARL F. ANDERSEN, INC 4,617.37 Check Payment 724/01 PK 105283 104415 EARTH TECH 13,680.00 Check Payment 7/24101 PK 106284 102100 EBERT, RICHARD 82.80 Check Payment 7 /24101 PK 105285 102354 ECONOFOODS 672.77 Check Payment 7 /2401 PK 105286 105115 ELECTRICAL INSTALLATION 8 MAIN 18,37610 Check Payment 7 /24/01 PK 105287 110043 ELLEFSON, DAVID R. 240.00 Check Payment 7 12401 PK 105288 110041 ELLEFSON, LISA 44.00 Check Payment 7124101 PK 105289 101898 EMANS, BRAD 227.20 Check Payment 7/24101 PK 105290 109681 ERKENBRACK, MARI 28.00 Check Payment 7124101 PK 105291 104671 ESS BROTHERS 8 SONS 1,090.56 Check Payment 7124/01 PK 105292 102339 EWING, BRENDA 92.39 Check Payment 7124/01 PK 105293 110034 EXTREME BEVERAGE 64.00 Check Payment 7 12401 PK 105294 104137 FASTENAL COMPANY 17.68 Check Payment 712401 PK 105295 110040 FAULDS, CURRY 18.00 Check Payment 712401 PK 105296 110009 FINNERN, JULIE 15.00 Check Payment 7 /2401 PK 105287 102322 FIRSTAR 133,438.75 Check Payment 7 /24101 PK 105298 102322 FIRSTAR 78,717.50 Check Payment 7 /2401 PK 105299 102094 FISHER SCIENTIFIC 33277 Check Payment 7 12401 PK 105300 103583 FIX-TT PLUS LLP 30.50 Check Payment 7124101 PK 105301 102030 FORBES AUTO 22.19 Check Payment 7124101 PK 105302 105596 FRANKE PUBLICITY INC 1,200.00 Check Payment 7/24/01 PK 105303 102526 G 8 K SERVICES 1,460.42 Check Payment 7/24101 PK 105304 102523 G F NEMITZ SONS 312.40 Check Payment 7 /2401 PK 105305 104653 GARD SPECIALISTS 359.21 Check Paymenl 7/2401 PK 105306 103340 GES ELECTRICAL INC 1,034.00 Check Payment N24101 PK 105307 110023 GLENCOE EQUIPMENT INC 12.08 Check Payment 712401 PK 105308 109726 GLENCOE -HUTCH AGRONOMY JIV 198.68 Check Payment 7/2401 PK 105309 102525 GOPHER STATE ONE -CALL INC 110,40 Check Payment 7/2401 PK 105310 102524 GOVERNMENT TRAINING SERVICE 633.00 Check Payment 7124101 PK 105311 102087 GRAINGER PARTS OPERATIONS 519.10 Check Payment 7124101 PK 105312 105562 GRANIT BRONZ 161.88 Check Payment 7/2401 PK 105313 101874 GRIGGS 8. COOPER 8 GO 13,330.61 Check Payment 7/2401 PK 105314 110031 GRISWOLD, SARA 49.99 Check Payment 712401 PK 105315 108668 GRUFRUFF DESIGN 200.00 Check Payment 712401 PK 105316 102529 HACH COMPANY 126.94 Check Payment 712401 PK 105317 105004 HACKER'S APPRAISAL SERVICES IN 2,750.00 Check Payment 7/2401 PK 105318 102528 HAGER JEWELRY INC. 273.38 Check Payment 7/2401 PK 105319 102451 HANSEN DIST OF SLEEPY EYE 3,322.90 Check Payment 7 /2401 PK 105320 102089 HANSEN GRAVEL 407.12 Check Payment 7/2401 PK 105321 101958 HANSON 8 VASEK CONSTRUCTION 9.233.20 Check Paym d 7/2401 PK 105322 103872 HARRIS COMPANIES 1,313.00 Check Payment ' = Skip In Check Sequence or Duplicate Check V m Vold CITY OF HUTCHINSON 724101 15:06:13 iAPPYREG LOG20000 AP Payment Register Page - 3 9.1015 7/24!01 724 /01 • Payment Type Check Date Type Check # Vendor Name Amount Vold Amount 724101 PK 105323 110019 HAUG IMPLEMENT CO 824.00 Check Payment 724101 PK 105324 110045 HAWTHORN SUITES DULUTH 3,583.97 Check Payment 724/01 PK 105325 105493 HEARTLAND TIRE &SERVICE 1,462.07 Check Payment 724101 PK 105326 103059 HEMMAH, LLOYD 48.00 Check Payment 724101 PK 105327 102701 HENRY & ASSOCIATES 49228 Chock Payment 724101 PK 105328 102531 HENRYS FOODS INC 475.74 Chock Payment 724/01 PK 105329 101915 HERMEL WHOLESALE 160.66 Check Payment 724/01 PK 105330 108657 HERTZ EQUIPMENT RENTAL CORP 344.97 Check Payment 724101 PK 105331 102518 HILLYARD FLOOR CAREIHUTCHINSON 1,249.78 Check Payment 7124101 PK 105332 105080 HIRSHFIELD'S DECORATING CENTER 283.14 Check Payment 7124/01 PK 105333 109841 HOSECK, RAHN C. 2.725.00 Check Payment 7124/01 PK 105334 102961 HRA 1,336.68 Check Payment 7124!01 PK 105335 102139 HUTCHINSON AREA CHAMBER OF COM 10.00 Check Payment 7124!01 PK 105336 102319 HUTCHINSON AREA HEALTH CARE 51,377.50 Check Payment 7124!01 PK 105337 108389 HUTCHINSON AUTO CENTER 781.41 Check Payment 7124101 PK 105338 110030 HUTCHINSON CHAMBER OF COMM & V 550.00 Check Payment 724101 PK 105339 102630 HUTCHINSON CO-OP 605.60 Check Payment 724101 PK 105340 110027 HUTCHINSON HEALTH & FITNESS 100.00 Check Payment 724101 PK 105341 102537 HUTCHINSON LEADER 2,170.50 Check Payment 724101 PK 105342 102500 HUTCHINSON PLUMBING & HEATING 50.00 Check Payment 724101 PK 105343 102541 HUTCHINSON TELEPHONE CO 8,962.48 Check Payment 724101 PK 105344 102542 HUTCHINSON UTILITIES 29,678.05 Chet Payment 724101 PK 105345 105161 HUTCHINSON UTILITIES 13,083.51 Check Payment 724101 PK 105346 105515 HUTCHINSON UTILITIES 7,099.00 Check Payment 724101 PK 105347 102543 HUTCHINSON WHOLESALE 1,021.55 Check Payment 724101 PK 105348 101869 HUTCHINSON, CITY OF 36.00 Check Payment 724101 PK 105349 102072 HUTCHINSON, CITY OF 23,657.09 Check Payment 724101 PK 105350 103099 HUTCHINSON. CITY OF 1,875.58 Check Payment 724/01 PK 105351 103246 HUTCHINSON, CITY OF 7,595.33 Check Payment 724101 PK 105352 105160 HUTCHINSON, CITY OF 15,352.68 Check Payment 724/01 PK 105353 102272 INDIANHEAD SPECIALTY CO 8.20 Check Payment 724101 PK 105354 109811 INGRAHAM & ASSOCIATES INC 1,895.94 Check Payment 724101 PK 105355 110000 INNOVATIVE WARNING SYSTEMS INC 132.78 Chock Payment 724/01 PK 105356 100574 INSIGNIART INC 34.90 Check Payment 724/01 PK 105357 102551 INSURANCE PLANNERS 6,555.80 Check Payment 724/01 PK 105358 103520 INTERSTATE BATTERIES 64.91 Check Payment 724101 PK 105359 104527 INTERSTATE SUPPLY CO 204.82 Check Payment 724/01 PK 105360 102062 JACK'S UNIFORMS & EQUIPMENT 895.47 Check Payment 7124/01 PK 105361 102208 JEFFS ELECTRIC 976.05 Check Payment 7124/01 PK 105362 102554 JERABEK MACHINE SERV 15.36 Check Payment 724101 PK 105363 102652 JERRYS TRANSMISSION 423.21 Check Payment 7124/01 PK 105364 101907 JIM'S GARDEN SERVICE 467.27 Check Payment 7124101 PK 105365 1025% JOES SPORT SHOP 321.90 Check Payment 7124/01 PK 105366 101938 JOHNSON BROTHERS LIQUOR CO. 16,133.58 Check Payment 7124/01 PK 105367 102045 JOHNSON, DOUGLAS 269.54 Check Payment 7124101 PK 105368 102346 JOHNSON, LEONARD G. 812.76 Check Payment 7124/01 PK 105389 110006 JONES, BETSY 15.00 Check Payment 7124/01 PK 105370 102555 JUUL CONTRACTING CO 4,904.00 Check Payment 7124/01 PK 105371 102557 K MART 11.69 Check Payment 724/01 PK 105372 110044 KARG, CARLIE 115.00 Check Payment . = SkIP in Check Sequence or Duplicate Check . Void CITY OF HUTCHINSON 7124101 15:06:13 R55APPYREG LOG2D000 AP Payment Register Pape - 4 9999.1015 7/24101 724101 Check Date Type Check N Vendor Name Amount Void Amwnt Payment Type 7124/01 PK 105373 102239 KLEESPIE 9,000.00 Check Payment 7/24/01 PK 105374 105697 KQIC -Q102 1B7.85 Cho&Payment 7124/01 PK 105375 102123 KRISHNAMOORTHI, CHITRA 14.00 Check Payment 724101 PK 105376 110073 KUSSMAUL ELECTRONICS CO 59.64 Check Payment 7/24101 PK 105377 102561 L 8 P SUPPLY CO 1,040.59 Check Payment 724101 PK 105378 102361 LAKE ELECTRONICS 150.00 Check Payment 724101 PK 105379 102560 LEAGUE OF MN CITIES - INSURANCE 7,196.00 Check Payment 7124101 PK 105380 102560 LEAGUE OF MN CITIES- INSURANCE 1,791.05 Check Payment 724101 PK 105381 102560 LEAGUE OF MN CITIES- INSURANCE 25,000.00 Check Payment 7/24/01 PK 105382 109294 LEEWES DISTRIBUTING INC 414.00 Check Payment 72401 PK 105383 105573 LEIDER KATIE 20.00 Check Payment 724101 PK 105384 101974 LENNEMAN BEVERAGE DIST. INC 4,321.30 Check Payment 724101 PK 105385 104499 LOCATORS 8 SUPPLIES 752.31 Check Payment 724101 PK 105386 101984 LOCHER BROTHERS INC 48,913.39 Check Payment 724101 PK 105387 102564 LOGIS 13,125.73 Check Payment 724101 PK 105388 104803 LONCORICH, MARY JO 55.00 Check Payment 7124101 PK 105389 102586 LTP ENTERPRISES 19.70 Check Payment 7124/01 PK 105390 102502 LUENEBURG, JERI 22.00 Check Payment 7/24/01 PK 105391 110029 MAIN CLIPS & CROW RIVER GLASS 950.00 Check Payment 724101 PK 106392 110 MAIN STREET SPORTS BAR 8 HUTCH 1,528.79 Check Payment 724101 PK 105393 110010 MALLINSON, COLLEEN 18.00 Check Payment 724101 PK 105394 102572 MANKATO MOBILE RADIO 222.85 Check Payment 724101 PK 105395 105140 MARSHALL CONCRETE PRODUCTS 336.75 Check Payment 724101 PK 105396 109292 MARTY'S ROOFING 95.00 Check Payment 724101 PK 105397 110018 MATHWIG, ADAM 20.00 Check Payment 724101 PK 105398 110016 MATHWIG, UNDSEY 20.00 Check Payment 7124/01 PK 105399 106425 MAY -WES MANUFACTURING INC 162.46 Check Payment 724/01 PK 105400 102573 MCLEOD COOP POWER 5,025.80 Check Payment 724/01 PK 105401 102166 MCLEOD COUNTY PUBLIC HEALTH NU 920.00 Check Payment 7/24/01 PK 105402 103046 MCLEOD COUNTY RECORDER 39.00 Check Payment 724101 PK 105403 103036 MCLEOD COUNTY SOCIAL SERVICES 19.00 Check Payment 724101 PK 105404 102158 MCLEOD COUNTY TITLE 15.00 Check Payment 724101 PK 105405 102787 MCLEOD COUNTY TREASURER 9.00 Check Payment 724/01 PK 105406 103231 METRO SALES 1,878.02 Check Payment 724/01 PK 105407 103000 MID - MINNESOTA DEVELOPMENT COMM 1,160.75 Check Payment 7124/01 PK 105408 101889 MID - MINNESOTA HOTMIX INC 416.19 Check Payment 724101 PK 105409 102425 MIDWEST WIRELESS COMM. 1,070.78 Check Payment 724101 PK 105410 102575 MINI BIFF 87.86 Check Payment 724101 PK 105411 10.5274 MINN BLUE DIGITAL IMAGING 12.50 Check Payment 724101 PK 105412 102101 MINNCOMM PAGING 25.88 Check Payment 724101 PK 105413 108770 MINNESOTA DEPT OF ADMIN INTERT 95.27 Check Payment 724101 PK 105414 101826 MINNESOTA DEPT OF NATURAL RESO 464.00 Check Payment 7124101 PK 105415 102027 MINNESOTA DEPT OF PUBLIC SAFET 390.00 Check Payment 7124/01 PK 105416 102582 MINNESOTA ELEVATOR INC 76.DB Check Payment 7/24/01 PK 105417 102172 MINNESOTA PIPE 8 EQUIPMENT 2,242.70 Check Payment 724101 PK 105418 102313 MINNESOTA RESORT ASSOC 200.00 Check Payment 7/24/O1 PK 105419 105157 MINNESOTA SHREDDING 54.95 Check Payment 724101 PK 105420 102570 MINNESOTA SPORTS FEDERATION 600.00 Check Payment 724101 PK 105421 102581 MINNESOTA U C FUND 47.75 Check Payment 724/01 PK 105422 102583 MINNESOTA VALLEY TESTING LAB 123.00 Check Payment ' = Skip In Check Sequence a Duplicate Check _ V = Void CITY OF HUTCHINSON 7124/01 15:06:13 APPYREG LOG200O0 AP Payment Register P-je - 5 9.1015 724/01 724/01 • 1 0 Check Date Type Check # Vendw Name Amount Vold An nt Payment Type 7124101 PK 105423 102919 MMBA 550.00 Check Payment 7124101 PK 105424 104583 MOBILE - VISION INC 228.50 Check Payment 7124101 PK 105425 102655 MODERN MAZDA 60.98 Check Payment 7/24101 PK 105426 102301 MORROW, KIM 33.00 Check Payment 724101 PK 105427 105071 MUELLERLEILE, SONJA 5.62 Check Payment 724/01 PK 105428 110039 MURPHY, SUSAN 13.00 Check Payment 7/24101 PK 105429 102650 NCL 323.39 Check Payment 724101 PK 105430 108397 NEILS FRANZ CHIRHART 60.00 Check Payment 7/24/01 PK 105431 110003 NEUBERGER, JODI 18.00 Check Payment 7/24/01 PK 105432 102180 NORTHERN SAFETY CO 118.49 Check Payment 7114/01 PK 105433 102591 NORTHERN STATES SUPPLY INC 207.03 Check Payment 724/01 PK 105434 103646 OAK CREEK PRODUCTS 149.66 Check Payment 724101 PK 105435 102487 OFFICEMAX 493.00 Check Payment 7/24/01 PK 105436 110068 ONTRACK 2,038.80 Check Payment 724101 PK 105437 102240 OTTO, JUDY 12.00 Check Payment 724101 PK 105438 102134 OUTDOOR MOTION 13.50 Check Payment 724101 PK 105439 102746 PAULSEN. CURT 40.00 Check Payment 724101 PK 105440 101932 PELLINEN LAND SURVEYING 1,823.00 Check Payment 724101 PK 105441 102479 PENSKE AUTO CENTER 116.23 Check Payment 7124101 PK 105442 102711 PETERSEN SERVICE CENTER 22.60 Check Payment 724101 PK 105443 102057 PETZEL, RAQUEL 22.00 Check Payment 7124101 PK 105444 101853 PHILLIPS WINE & SPIRITS 11,339.37 Check Payment 7124/01 PK 105445 110067 PIERCE MANUFACTURING INC 489,405.00 Check Payment 7124101 PK 105446 102373 PINNACLE DISTRIBUTING 475.54 Check Payment 7124101 PK 105447 102493 PREMIER TECH PACKAGING 213.40 Check Payment 7124101 PK 105448 102899 PRIEVE LANDSCAPING 106.50 Check Payment 7124101 PK 105449 103221 PROGRESSIVE BUSINESS PUBLICATI 299.00 Check Payment 7124/01 PK 105450 102598 OUADE ELECTRIC 79.26 Check Payment 7124101 PK 105451 102212 QUALITY FLOW SYSTEMS 1,800.00 Check Payment 7124101 PK 105452 105201 QUALITY HOME IMPROVEMENTS 61.00 Check Payment 72001 PK 105453 102052 QUALITY WINE & SPIRITS GO. 1,200.41 Check Payment 72001 PK 105454 102628 QWEST 177.64 Check Payment 724101 PK 105455 102398 R & R EXCAVATING 550.00 Check Payment 724/01 PK 105456 102398 R & R EXCAVATING 19,354.89 Check Payment 724/01 PK 105457 102205 R.C. TRANSFER 713.95 Check Payment 724101 PK 105458 102218 RASKE BLDG SYSTEMS 47,374.00 Check Payment 724/01 PK 105459 110006 READING, CHERESA 12.00 Check Payment 724101 PK 105460 110007 RIEMAN, SHERRY 13.00 Check Payment 72001 PK 105461 104458 RISC 1,090.00 Check Payment 724101 PK 105462 104668 ROCK, CHRISTIE 116.67 Check Payment 724101 PK 105463 102.225 RUNNING'S SUPPLY 2,552.66 Check Payment 72001 PK 105464 104748 S & T OFFICE PRODUCTS 5,401.14 Check Payment 724101 PK 105465 102621 SALTMAN, THE 302.56 Check Payment 724/01 PK 105466 110013 SAMANI EGO, CARISSA 20.00 Check Payment 724/01 PK 105467 102436 SARA LEE COFFEE 8 TEA 36.40 Check Payment 724/01 PK 105468 102606 SCHMELING OIL GO 38.14 Check Payment 724101 PK 105469 110069 SCHNOBRICH, TODD 16.63 Check Payment 724/01 PK 105470 105690 SCHONES, ROSANNE 36.00 Check Payment 724101 PK 105471 109801 SCOTTS WINDOWS 42.60 Check Payment 724101 PK 105472 101892 SEH 11,424.45 Check Payment • = Skip in Check Sequence a Duplicate Check = Vold CITY OF HUTCHINSON 724101 1b:D&. - 13 R55APPYREG LOG20000 AP Payment Register Page - 6 9999.1015 724/01 724/01 Check Dale Type Check # Vendo Name Amount Vold Amount P ayment Type 724101 PK 105473 102749 SENIOR CENTER ADVISORY BOARD 170.00 Check Payment 724/01 PK 105474 102605 SEWING BASKET 55.99 Check Payment 72001 PK 105475 102195 SHOEN, ROBIN 50.00 Check Payment 724101 PK 105476 102609 SHOPKO 189.68 Check Payment 7124!01 PK 105477 102242 SRF CONSULTING GROUP 13,866.92 Check Payment 7124101 PK 105478 102747 ST. JOSEPH'S EQUIPMENT INC 338.47 Check Payment 7124/01 PK 105479 102612 STANDARD PRINTING 12.78 Check Payment 724101 PK 105480 105669 STANDARDSPRING 1,013.29 Check Payment 724/01 PK 105481 102584 STAR TRIBUNE 55.90 Check Payment 724101 PK 105482 103094 SUBWAY 104.85 Check Payment 724/01 PK 105483 105075 T.I.P. INC 165.00 Check Payment 7124101 PK 105484 102659 TEK MECHANICAL 530.20 Check Payment 7124/01 PK 105485 102054 TELECKY, DAVE 100.00 Check Payment 724/01 PK 105486 102772 TERMINAL SUPPLY CO 357.78 Check Payment 724/01 PK 105487 105257 TNEMEC COMPANY INC 361.94 Check Payment 724101 PK 105488 103096 TOTAL REGISTER SYSTEM 633.68 Check Payment 724101 PK 105489 102620 TRI CO WATER 2,082.98 Check Payment 724/01 PK 105490 102126 TRUE VALUE 1,951.20 Check Payment 724101 PK 105491 102619 TWO WAY GOMM INC 1,060.55 Check Payment 7/24/01 PK 105492 102058 U.S. CAVALRY 25.00 Check Payment 724/01 PK 105493 102624 UNITED BUILDING CENTERS 503.96 Check Payment 724101 PK 105494 110032 UNITED RENTALS INC 3,839.68 Check Payment 724101 PK 105495 102383 UPBEAT INC 529.28 Check Payment 724101 PK 1054911 102435 US OFFICE PRODUCTS 306.64 Check Payment 724/01 PK 105497 102069 VESSCO INC 75.73 Check Payment 724101 PK 105498 104933 VIDEOTRONIX INC 255.00 Check Payment 724/71 PK 105499 110024 VIGRIN, NORMA 30.50 Check Payment 724/01 PK 105500 102132 VIKING COCA COLA 338.10 Check Payment 724/01 PK 105501 102630 VIKING SIGNS 239.63 Check Payment 724101 PK 105502 102642 W. D. COOLING CLINIC 419.00 Check Payment 724101 PK 105503 11130101 WASHBURN, RICHARD 151.80 Check Payment 724/01 PK 105504 105122 WASTE MANAGEMENT 17.55 Check Payment 7/24/01 PK 105505 102164 WEGNERNEIL 40.85 Check Payment 724/01 PK 105506 102165 WELCOME NEIGHBOR 60.00 Check Payment 724/01 PK 105507 102641 WELDERS SUPPLY CO 645.00 Check Payment 724/01 PK 105508 110037 WENDLING, JIM &ALLIED SERVICE 7,105.55 Check Payment 724/01 PK 105509 110038 WENDLING, JIM & BERNHAGEN ELEC 850.00 Check Payment 724/01 PK 105510 102638 WEST CENTRAL IND. 1,094.18 Check Payment 724101 PK 105511 103870 WEST GROUP 257.20 Check Payment 724101 PK 105512 102452 WINE MERCHANTS INC 78.50 Check Payment 724101 PK 105513 103450 WINZER CORP 62.36 Check Payment 724/01 PK 105514 102640 WM MUELLER & SONS 575.00 Check Payment 724101 PK 105515 105208 WOLD ARCHITECTS B ENGINEERS 430.35 Check Payment 724/01 PK 105516 103779 WOODS END RESEARCH LAB 185.50 Check Payment 72401 PK 105517 103631 WOODWORTH, SHERYL 56.00 Check Payment 724/01 PK 105518 103068 WRIGHT, LEE 260.00 Check Payment 724/01 PK 105519 102632 XEROX CORP 1,262.51 Check Payment Payment Type Total 1,503,906.04 • Skip In Check Sequence a Duplicate Check V•Vold