cp05-27-2008 cAGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, MAY 27, 2008
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Rev. Randy Adams, Riverside Assembly of God Church
3. PLEDGE OF ALLEGIANCE
* PRESENTATION OF 2007 MINNESOTA SHADE TREE ADVISORY COMMITTEE PARTNERSHIP
AWARD TO CITY OF HUTCHINSON AND ARBOR DAY PROCLAMATION
*PRESENTATION BY STATE REPRESENTATIVE RON SHIMANSKI OF THE MINNESOTA
SESQUICENTENNIAL FLAG FOR THE OAKLAND CEMETERY RESTORATION PROJECT GRANT
AWARD
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF MAY 13, 2008
Action - Motion to approve as presented
6. CONSENT AGENDA
• (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. AIRPORT COMMISSION MINUTES FROM FEBRUARY 21, MARCH 20, AND APRIL 17, 2008
2. ECONOMIC DEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 4, 2008
3. HUTCHINSON HOUSING & REDEVELOPMENT BOARD AUTHORITY MINUTES FROM APRIL
15, 2008
4. PLANNING COMMISSION MINUTES FROM APRIL 15, 2008
5. HUTCHINSON JOINT PLANNING BOARD MINUTES FROM APRIL 16, 2008
6. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR MARCH 2008
7. CITY OF HUTCHINSON FINANCIAL REPORT FOR APRIL 2008
8. CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2008
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13412 — RESOLUTION FOR PURCHASE (COLORANT, BIO BAGS,
BIODIESEL, AND UNLEADED GAS)
2. ORDINANCE NO. 08 -0502 — ORDINANCE APPROVING SALE OF MUNICIPALLY -OWNED
REAL PROPERTY (FORMER DASSEL MEDICAL CENTER BUILDING) (SECOND READING
AND ADOPTION)
• 3. ORDINANCE NO. 08-0503 —ORDINANCE APPROVING AMENDMENTS TO THE HUTCHINSON
CITY COUNCIL AGENDA —MAY 27, 2008
HEALTH CARE BYLAWS RELATED TO COMMITTEE MEMBERSHIP (SECOND READING
• AND ADOPTION)
4. ORDINANCE NO. 08 -0504 - ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON
CITY ORDINANCE 92.18 PERTAINING TO HOURS OF CONSTRUCTION DURING THE TRUNK
HIGHWAY 15 ROUNDABOUT PROJECT (WAIVE FIRST READING AND SET SECOND
READING AND ADOPTION FOR JUNE 10, 2008)
(c) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF LOT SPLIT LOCATED AT 545/555 NORTHWOODS AVENUE
NORTHEAST (LOT 3, BLOCK 1) TO ALLOW SEPARATE OWNERSHIP OF TWO EXISTING
WALNUT RIDGE TOWNHOUSES, REQUESTED BY BRUCE NAUSTDAL WITH FAVORABLE
PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13402)
2. CONSIDERATION OF PRELIMINARY PLAT OF ENERGY PARK FOR DEVELOPMENT OF A
NEW INDUSTRIAL PARK, LOCATED AT 765 RAILROAD STREET SOUTHEAST (STRITESKY
PROPERTY) REQUESTED BY HUTCHINSON EDA WITH FAVORABLE PLANNING
COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13403)
3. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY OAK HEIGHTS
COVENANT CHURCH TO ALLOW CONSTRUCTION OF A 1200 SQUARE FOOT ACCESSORY
BUILDING IN THE R -1 DISTRICT (SINGLE FAMILY RESIDENTIAL) AT 1398 SOUTH GRADE
ROAD SOUTHWEST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION
(ADOPT RESOLUTION NO. 13404)
4. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A
HEADSTART PRESCHOOL IN THE C -4 DISTRICT (FRINGE COMMERCIAL) AT 904 HIGHWAY
• 15 SOUTH REQUESTED BY JIM FAHEY, FAHEY SALES AGENCY, INC. WITH FAVORABLE
PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION N 0. 13405)
5. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW PLACEMENT OF RETAINING
WALLS IN EASEMENTS LOCATED AT 1443 SOUTHFORK DRIVE SOUTHEAST REQUESTED
BY LANDSCAPE CONCEPTS INC. AND JEROME AND BONITA SCHANIL WITH FAVORABLE
PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13406)
6. CONSIDERATION OF FINAL PLAT OF SOUTHWIND SECOND ADDITION SUBMITTED BY
HUTCHINSON LAND HOLDINGS, LLC WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (ADOPT RESOLUTION NO. 13407)
(d) CONSIDERATION FOR APPROVAL OF DELETING ASSESSMENT— 951 GOLF COURSE ROAD NW
(e) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2008 PAVEMENT MANAGEMENT PROGRAM
PHASE 2 PROJECT - LETTING NO. 5, PROJECT NO. 08 -05 (ORDERING PREPARATION OF
REPORT ON IMPROVEMENT AND RECEIVING REPORT AND CALLING HEARING ON
IMPROVEMENT)
(f) CONSIDERATION FOR APPROVAL OF ITEMS FOR TRUNK HIGHWAY 15 ROUNDABOUT
PROJECT — LETTING NO. 1, PROJECT NO. 08 -01 (DECLARING COST TO BE ASSESSED &
ORDERING PREPARATION OF PROPOSED ASSESSMENT AND SETTING HEARING ON
PROPOSED ASSESSMENT)
(g) CONSIDERATION FOR APPROVAL OF ITEMS FOR NORTHEAST TRUNK STORM SEWER PHASE
2 AND SOUTHEAST TRUNK WATERMAIN & SANITARY SEWER EXTENSION PROJECTS
(LETTING NO. 2, PROJECT NO. 08 -02)
•(h) CONSIDERATION FOR APPROVAL OF LIGHTING UPGRADE FOR HUTCHINSON POLICE
CITY COUNCIL AGENDA —AMY 27, 2008
SERVICES
• (i) CONSIDERATION FOR APPROVAL OF PARADE PEDDLER'S PERMIT FOR GERALD JOHNSON
TO SELL NOVELTIES DURING JAYCEE WATER CARNIVAL PARADE ON JUNE 15, 2008
(j) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH SOUTH CENTRAL
MINNESOTA REGIONAL RADIO BOARD
(k) CONSIDERATION FOR APPROVAL OF SEEKING BIDS FOR CREEKSIDE SOILS BAG FILM
(1) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
7. PUBLIC HEARINGS — 6:00 P.M.
(a) CONSIDERATION OF PETITION FOR ANNEXATION OF 16.8 ACRES INTO THE CITY OF
HUTCHINSON FROM SECTION 31, HUTCHINSON TOWNSHIP, REQUESTED BY STEPHEN E. LEE
AND CITY OF HUTCHINSON WAIVE FIRST READING AND SET SECOND READING AND
ADOPTION OF ORDINANCE NO. 08 -0504 FOR JUNE 10, 2008)
Action — Motion to reject — Motion to approve
(b) CONSIDERATION OF COMMENTS AND INPUT ON THE STORM WATER POLLUTION
PREVENTION PLANN (SWPPP) FOR THE CITY OF HUTCHINSON
Action -
8. COMMUNICATIONS. REQUESTS AND PETITIONS
• UNFINISHED BUSINESS
(a) CONSIDERATION FOR APPROVAL OF NON - ADMINISTRATIVE, HIGH RISK POLICIES AND
PROCEDURES OF HUTCHINSON POLICE SERVICES
Action — Motion to reject — Motion to approve
(b) CONSIDERATION FOR APPROVAL OF LOCATION OF HUTCHINSON FARMERS' MARKET
Action — Motion to reject — Motion to approve
10. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13411 — RESOLUTION
REQUESTING INCREASED FUNDS FOR THE HUTCHINSON POLICE SERVICES DISPATCH
CENTER FROM MCLEOD COUNTY
Action — Motion to reject— Motion to approve
(b) COMMUNICATION OF WELLHEAD PROTECTION PLAN STATUS PER MINNESOTA
DEPARTMENT OF HEALTH'S REQUEST
Action —
(c) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOP FOR JUNE 10, 2008,
40 AT 4:00 P.M. TO REVIEW LOCAL GOVERNMENT AID UPDATES
CITY COUNCIL AGENDA — MAY 27. 2008
Action — Motion to reject — Motion to approve
• (d) CONSIDERATION FOR APPROVAL OF RESETTING POLICY GOVERNANCE WORKSHOP FROM
MAY 28, 2008, TO JUNE 11, 2008, AT 4:00 P.M.
Action — Motion to reject — Motion to approve
11. MISCELLANEOUS
12. ADJOURN
0
Arbor Day Proclamation
2008
WHEREAS, Arbor Day is a day for tree planting, and
WHEREAS, the City of Hutchinson feels that Arbor Day is an
opportunity for the people of the community to pass
on this tradition to its future citizens and
WHEREAS, trees provide economic benefits to the City of
Hutchinson by increasing property values, reducing
storm water runoff and cooling our homes and
WHEREAS, the Hutchinson Utilities Commission has been an
integral part of this tree planting tradition for over 14
years by providing energy trees for private property
and sponsoring Arbor Day programs at local schools
• THEREFORE.
I, Steven Cook, Mayor of the City of Hutchinson due hereby
proclaim May 30, 2008 as Arbor Day at Park Elementary School and
due hereby proclaim that the Hutchinson Utilities Commission be
noted as the official sponsors of Arbor Day in 2008. Their program of
providing trees for the citizens Hutchinson emphasizes the significance
and benefits that trees provide for us.
Adopted, May 27, 2008 by the City Council of Hutchinson,
Minnesota.
ATTEST:
Gary Plotz, City Administrator Steve Cook, Mayor
9
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, MAY 13, 2008
CALL TO ORDER — 5:30 P.M.
Mayor Cook called the meetmg to order. Members present were Casey Stotts, Kay Peterson, Bill Arndt and Jim
Haugen. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City
Attorney.
2. INVOCATION Rev. Randy Adams, Riverside Assembly of God Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
* PRESENTATION OF 2007 MINNESOTA SHADE TREE ADVISORY COMMITTEE PARTNERSHIP
AWARD TO CITY OF HUTCHINSON (Deferred to May 27, 2008)
*PRESENTATION TO BARRY ANDERSON FOR SERVICE ON POLICE COMMISSION
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF APRIL 22, 2008
Motion by Stotts, second by Haugen, to approve the minutes as presented. Motion carried unanimously.
6. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
• 1. FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2008
2. PUBLIC ARTS COMMISSION MINUTES FROM FEBRUARY 14, 2008
3. PUBLIC LIBRARY MINUTES FROM MARCH 24, 2008
4. PLANNING /ZONINGBUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2008
5. MOTOR VEHICLE MONTHLY REPORT FOR MARCH 2008
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13395 — RESOLUTION AMENDING RESOLUTION NO. 13166
ESTABLISHING INCOME GUIDELINES AND ASSET LIMITATIONS FOR SENIOR & DISABLED
CITIZENS DEFERRED ASSESSMENTS AND SENIOR & DISABLED CITIZENS REDUCED
REFUSE RATE
2. RESOLUTION NO. 1 3396 — RESOLUTION FOR PURCHASE (CONTROL PANEL, BITUMINOUS
MATERIAL, STREET REPAIRS)
3. ORDINANCE NO. 08 -0500— AN ORDINANCE ADDING CHAPTER 157 TO THE HUTCHINSON
CITY CODE TO ESTABLISH REGULATIONS FOR A RIVER OVERLAY DISTRICT (SECOND
READING AND ADOPTION) AND APPROVAL OF SUMMARY ORDINANCE
4. ORDINANCE NO. 08 -0501 — AN ORDINANCE REGULATING OTHER UNLAWFUL ACTS
RELATED TO LIQUOR SALES (SECOND READING AND ADOPTION)
(c) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 12, LETTING NO. 2/PROJECTNO.
06 -02 (WATER TREATMENT PLANT)
5 (C)
CITY COUNCIL MINUTES — MAY 13, 2008
(d) CONSIDERATION FOR APPROVAL OF MCLEOD COUNTY DITCH AUTHORITY PETITION
* (e) CONSIDERATION FOR APPROVAL OF ENGINEERING SERVICES AGREEMENT WITH DONAHUE
& ASSOCIATES FOR WASTEWATER TREATMENT FACILITY DISINFECTION DEMONSTRATION
(f) CONSIDERATION FOR APPROVAL OF STATE AID FOR AIRPORT MAINTENANCE AND
OPERATIONS AGREEMENT
(g) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR ST. ANASTASIA
CATHOLIC CHURCH ON SEPTEMBER 7.2008
(h) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO DEAN
SCHLUETER TO OPERATE "THE GARDEN", A PORTABLE GREENHOUSE LOCATED IN THE
OLD CUB FOODS PARKING LOT, HWY 15 SOUTH
(i) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 66" ANNUAL HUTCHINSON
JAYCEE WATER CARNIVAL FOR JUNE 9 —15,2008
0) CONSIDERATION FOR APPROVAL OF MN/DOT COOPERATIVE CONSTRUCTION AGREEMENT
NO. 92061 (TRUNK HWY 15 ROUNDABOUT PROJECT — LETTING NO. 1, PROJECT NO. 08 -01)
(k) CONSIDERATION OF ITEMS FOR AIRPORT RUNWAY SAFETY IMPROVEMENTS PROJECT
(LETTING NO. 14, PROJECT NO. 08-17)
(1) CONSIDERATION FOR APPROVAL OF HUTCHINSON POLICE SERVICES POLICY AND
PROCEDURE MANUAL UPDATE
( m)APPOINTMENT OF JULIE JENSEN TO POLICE COMMISSION TO MAY 2011
(n) REAPPOINTMENT OF LAURA POSER TO TREE BOARD TO APRIL 2011
•(o) CONSIDERATION FOR APPROVAL CONTRACT RENEWAL WITH RIESE FARMS LLC
(p) CONSIDERATION FOR APPROVAL OF JOINT AND COOPERATIVE AGREEMENT WITH MCLEOD
COUNTY FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT
(q) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 6(b)3, 6(d), 60) and 6(1) were pulled for separate action.
Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the items noted
above. Motion carried unanimously.
Item 6(b)3 had further discussion. Mayor Cook stated that there are opportunities for improvement on the
north side of the corridor as well as the south which is what is outlined in the proposal. Mayor Cook felt that
separate requirements for the corridor in general should be considered.
Motion by Haugen, second by Peterson, to approve Item 6(b)3. Roll call vote: Haugen — aye; Arndt — aye;
Cook — nay; Peterson — aye; Stotts — aye. Motion carried 4 to 1.
Item 6(d) had further discussion. Council Member Arndt noted that ditches are sensitive to various
individuals /organizations. He asked that if the ditch was not taken care of to a group's liking, could
something be done retroactively. Kent Exner, City Engineer, described the area that is included in the
petition. The petition has come forward at the request of Mn/DOT and McLeod County asking the City to
control the downstream section of Lateral No. 1 of County Ditch No. 18. The existing draintile will be
connected into the City stormwater systemjust north of the Hwy 15/North High Drive intersection and will
result in a disconnect of the existing county ditch alignment. The City will only be taking control of this
lateral up to its connection with the existing County Ditch No. 18 near Bluff Street. The City will ensure
6tq-�
CITY COUNCIL MINUTES — MAY 13, 2008
that the tile will betaken care of appropriately and the drainage improvements are extremely beneficial to all
parties.
Motion by Arndt, second by Stotts, to approve Item 6(d). Motion carried unanimously.
Item 60) had further discussion. Council Member Arndt asked if the construction hours could be extended
to allow expedition of the project, similar to that of the Hwy 7 project. An ordinance to consider suspending
the noise ordinance hours will be brought forth at the next meeting.
Motion by Arndt, second by Peterson, to approve Item 60). Motion carried unanimously.
Item 6(l) had further discussion. Mayor Cook noted that the policy itself was not included in the Council
packet. Chief Dan Hatten noted that it has been a number of years since the Hutchinson Police Services
Policy and Procedure manual was updated. The department has been reviewing updates for one year. Also,
the question was raised as to whether or not this manual needs to come forth to the Council for approval due
to the Policy Governance transition. Mayor Cook suggested only bring forth those policies that are not
administrative related.
Motion by Arndt, second by Peterson, to approve Item 60), requesting that the police department bring forth
the higher -risk, non - administrative policies for the Council's review. Motion carved unanimously.
7. PUBLIC HEARINGS — 6:00 P.M.
(a) TRUNK HIGHWAY 15 ROUNDABOUT PROJECT (LETTING NO. 1, PROJECT NO. 08 -01)
Kent Exner, City Engineer, presented before the Council. Mr. Exner described the project that is taking
place at the intersection of Hwy 15 North and North High Drive /County Road 12. This is a state project.
The City will be paying for the trunk stormwater collection/treatment system and the trunk water and
sanitary sewer improvements. The property owners will pay for the lateral stormwater /drainage
improvements, roadway improvements and water /sanitary sewer improvements. Mr. Exner then reviewed
• the assessments (estimated rates, assessable project frontage and utility assessments).
Jim Schaefer, representing Hazel Newman who resides at 46 North High Drive, resented before the
Council. Mr. Schaefer noted that the roundabout provides no benefit to his mother s property, however
provides benefit for the eastern/western travelers on North High Drive and the north/south travelers on Hwy
15. Mr. Schaefer has concerns about the curb /gutter, bituminous and sewer lines being replaced when they
are all in good condition currently. Mr. Schaefer was also opposed to the proposed sidewalk. He feels his
mother is paying for things that are not necessary.
Lee Salmi, 4 - 9"' Avenue, presented before the Council. Mr. Salmi noted that the assessments on his
property four years ago were approximately S80/linear foot. The assessments for this project are less than
half of that. Mr. Salmi raised concerns about the traffic on Hwy 15 and the speed zones. Mr. Salmi hopes
that this project will slow down the traffic.
David Dummer, 999 Main Street, presented before the Council. Mr. Dummer noted that he did not receive
the notification of the open house held on May 1, 2008.
Bids for the project are being opened by MnDOT on May 16, 2008. The assessment hearing will be held on
June 10, 2008.
Motion by Arndt, second by Peterson, to close the public hearing. Motion carried unanimously.
Motion by Arndt, second by Peterson, to approve ordering improvement and preparation of plans and
specifications and order advertisement for bids. Motion carried unanimously.
8. COMMUNICATIONS, REQUESTS AND PETITIONS
UNFINISHED BUSINESS
5(CL-)
CITY COUNCIL MINUTES — MAY 13, 2008
10. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF SALE OF MUNICIPALLY -OWNED REAL PROPERTY
• (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCENO. 08-
0502 FOR MAY 27, 2008)
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that a few years ago a new
clinic was built to Dassel by Hutchinson Area Health Care. The tenant to the old clinic would like to
purchase the building. Due to the property being in the name of the City of Hutchinson, the City Charter
requires Council approval for such a transaction.
Motion by Peterson, second by Stotts, to approve first reading of Ordinance No. 08 -0502, sale of
municipally -owned real property (former Dassel Clinic). Motion carried unanimously.
(b) CONSIDERATION FOR APPROVAL OF AMENDMENTS TO THE HUTCHINSON HEALTH CARE
BYLAWS RELATED TO COMMITTEE MEMBERSHIP (WAIVE FIRST READING AND SET
SECOND READING AND ADOPTION OF ORDINANCE NO. 08 -0503 FOR MAY 27, 2008)
Mayor Cook explained that, as part of the privatization process, the City retained rights in membership of
committees of the new HHC board. When the bylaws were originally approved, the intention was to have at
least one Director that the City had appointed on the Executive Committee and the Audit/Compliance
Committee, however the language in the bylaws needs to be amended to better clarify that. The proposed
ordinance incorporates the original intention.
Motion by Peterson, second by Stotts, to approve first reading of Ordinance No. 08 -0503, amendments to the
Hutchinson Health Care Bylaws related to committee membership. Motion carved unanimously.
(c) CONSIDERATION OF BID FOR ENGINE 9
Brad Emans, Fire Chief, presented before the Council. Chief Emans noted that he received approval from
• the Council to attempt to sell the 1982 American LaFrance fire truck via e -bay. The top bid received was
$5000. The Council had set the minimum bid at $7500. After the bids closed on e -bay, Chief Emans
received an offer from Georgia in the amount of $5500.
Motion by Peterson, second by Haugen, to authorize Chief Emans to sell the truck at a minimum price of
$5500, allowing him time to see if any other departments in the state of Minnesota are interested in
purchasing it. If a higher bid is not received from a Minnesota department by May 16, 2008, Chief Emans is
authorized to sell it to the department in Georgia. Motion carried unanimously.
(d) PRESENTATION OF HUTCHINSON POLICE SERVICES 2007 YEAR END REPORT
Dan Hatten, Police Chief, presented before the Council. Chief Hatten reviewed the accomplishments
achieved in 2007 as well as the equipment that was upgraded /purchased/improved. Chief Hatten reviewed
training the department was involved in and other statistical information. Chief Hatten lastly reviewed
objectives for 2008.
(e) COMMUNICATION OF 2008 EMERGENCY STREET REPAIRS
John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that $130,000 was
budgeted for neighborhood maintenance road repairs. However, due to the winter weather, frost boil repairs
are in dire need. Because of this unbudgeted item, Mr. Olson is recommending that no seal coating take
place this year. Mayor Cook recommended using excess bond funds to pay for the frost boil repairs and
keep the neighborhood maintenance road repairs as scheduled and budgeted for. Council Member Peterson
noted that the road along the sanctuary is in much need of repair as well.
Motion by Stotts, second by Cook, to authorize up to $35,000 from the excess bond fund to repair frost boils
and continue on with the regularly scheduled sealcoating work in 2008. Motion carved unanimously.
•(f) COMMUNICATION OF 2008 GENERAL FUND STREET MAINTENANCE PROGRAM
4
CITY COUNCIL MINUTES — MAY 13, 2008
Same item as 10(d). No action.
Av1ISCELLANEOUS
Lee Miller, EDA Intern, noted that a donation was given by the Crow River Sno Pros in the amount of $3900
for the kitchen upgrades at Evergreen Senior Dining.
Mr. Miller also reviewed options for relocation of the Farmers Market as discussed last year. Option A
retains the location as it is now. Option B uses a portion of the city lot and 1 51 Avenue SE to the east of the
alleyway. Option C would be to retain the location as it is now, however keeping the south lane on 1 51
Avenue open. Option D would move the Farmers Market to 1 51 Avenue between Hassan Street and Jefferson
Street. Mayor Cook suggested checking with Shopko to see if a portion of their parking lot could be used.
The Council also asked that the EDA speak with the beauty salon owner to get their feedback on Option D.
This will be brought forth to the Council on May 27, 2008.
Gary Plotz — Mr. Plotz requested setting a Council workshop on May 27, 2008, to review bond plan.
Motion by Peterson, second by Cook, to set May 27, 2008, at 4:00 p.m. for a Council workshop. Motion
carried unanimously.
Kent Exner — Mr. Exner provided an update on the Crow River Dam project. Everything is working as
designed.
John Olson — Mr. Olson provided an overview as to the limitations related to cemetery decorations. Mr.
Olson noted that Memorial Day cleanup will occur on June 9 by city staff. Mr. Olson also spoke of what is
and isn't allowed to remain in the cemetery.
Mayor Cook — Mayor Cook noted that the Council needs to review the initial policies that were drafted
dunng the Policy Governance retreat. He asked that the Council set a time to accomplish this.
• Motion by Peterson, second by Cook, to set May 28, 2008, from 4:00 — 7:00 p.m. to review drafted policies.
Motion carved unanimously.
12. ADJOURN
Motion by Arndt, second by Peterson, to adjourn at 7:55 p.m. Motion carried unanimously.
+HUTCHINSON AIRPORT COMMISSION
February 21, 2008
5:30 p.m.
Airport Arrival/Departure Building
0 Minutes
Members present: Chuck Brill, Doug McGraw, Joel Schwarze, Mayor Cook
Members absent: Dave Skaar, Dick Freeman
Others Present: John Olson, City of Hutchinson; Tom Parker, Hutchinson Aviation; Brent Reiner, AJA
Aviation, LLC; Juli Neubarth, tenant; Joe Dooley, tenant, Tim Miller, Air Methods; Janet
Scharmer. Life Link 111.
Meeting called to order at 5:30 p.m. There was a quorum of members present.
1. Approve Minutes of January 17, 2008 meeting
Motion made by Schwarze, second by McGraw to approve minutes. Unanimous approval.
2. Review Updated Hangar Assignments
Commissioners reviewed the latest hangar map (w/ updates)
Commissioners reviewed the latest priority list (w/ updates)
3. Operational Issues
Buildin¢s — Olson reported that frost is very deep this year, and some of the problems in Hangars #3 and #4
are due to the deep frost. We can expect to have significant movement in the next month due to the frost.
• Lights — Olson reported the transformers for the REIL lights were replaced. One brand of transformers is
not doing the job, and because of our experience, Mn/DOT is inspecting the transformers and working with
the manufacturer to rectify the problems with their brand of transformers.
No Parkin4 — Life Link III staff have obeyed the no.parking signs; but, not everyone has. Meeting
attendees were asked to remind airport users that no parking areas need to be respected and adhered to for
safety reasons.
Fuelin —Avgas pump is pumping at 10 -12 gpm. That has historically been the rate of flow. The repairs
done to the tank & pump should eliminate cavitations in the summer. The remaining issue is to install the
updated leak detection system, which should be completed soon, as the parts are now on hand. City staff
were asked to work with the vendor to address the reason why the new pump, which is rated at 19 gpm is
not functioning as expected.
Crosswind Runw — Olson expressed thanks to all who helped to compile the list of the 47 based aircraft.
The list was forwarded to TKDA and was sent by them to FAA for their review. Neither TKDA nor the
City has heard from FAA yet whether we would be eligible for the crosswind runway. The project was to
City Planning staff, the City Planning Commission and the Joint Planning Commission. If the project is
eligible for federal funding, work to begin zoning the area that encompasses the runway, zone A and zone
B would need to begin.
A motion was made by McGraw, second by Cook to adopt resolution 08- 02 -21 -1, attached, recommending
the project to the City Council. Unanimous approval.
Hutchinson Airport Commission
• Minutes
February 21, 2008
Page 2
���
Runway Extension (Double Displacement) — The potential project, along with its potential zoning
challenges, was presented to the City's Planning Staff, the City's Planning Commission, and the Joint
Planning Commission. Consensus of those groups indicates that they identify with the need for a potential
. runway extension, but are very concerned about the zoning implication, particularly on the north end.
Specifically, the Ravenwood development was done specifically to address the issues of existing zones A
& B and the developer and property owners are being respectful of the airport zoning in that development.
By extending the zone north, the airport zones would affect approximately 24 homes that would become
existing non - conforming uses disallowing any significant changes in the properties falling within zone A.
There would also be 3 churches and potentially 3 school facilities affected by zone B.
After discussion, the Commission still wants to include the additional 1,000' of double displacement (500'
on each end) in the Airport Layout Plan, provided the City can obtain a variance from state zoning to match
the existing zoning, allowable by federal standards.
It was identified by Commissioners and others attending that a runway extension requiring additional
zoning to the north would likely make the project unfeasible.
A motion was made by McGraw, second by Cook to adopt Resolution 08- 02 -21 -2. Unanimous approval.
4. Other Discussions/ New Business
AJA Aviation LLC Brent Reiner. Pres. J — City staff received a letter dated January 18, 2008 from AJA
Aviation, LLC indicating their intention to pursue construction of a private commercial hangar in the area
south of the Civil Air Patrol building. Plans and specifications for the building have been presented to the
City Building Official for his review.
• The next step for AJA Aviation, LLC will be to indicate the area in which the building would be built. The
area included in the legal description issued that last time a conditional use permit was issued for private
commercial hangars does not include all of the area identified on the current ALP. Therefore, the Airport
and AJA Aviation, LLC will need to be joint applicants for the conditional use permit.
AJA Aviation, LLC also needs a conditional use permit to use pole -type construction similar to three other
private general aviation hangars.
The Airport could couple with AJA Aviation's application and identify the area appropriate for
construction and include the description on the joint CUP application.
Afer discussion, the Airport Commission decided that the first space in the limits of the commercial
building pad area identified should be for AJA Aviation LLC's building.
A motion was made by McGraw, second by Cook to adopt Resolution 08- 02 -21 -3. Unanimous approval
Hutchinson Airport Commission
Minutes
February 21, 2008
Page 3
• Life Link I/I — Janet Scharmer, Life Link III presented before the Commission. She indicated that Life Link
III had approvied funding for acquisition of a double -wide office trailer and a concerete pad for the
helicopter. She did not know whether funding was approved for construction of a hangar. Therefore, since
� �Q_)�
there was already an application for the first hangar space in the area identified for development of private
commercial hangars, Commissioners agreed that it would he beneficial to allow Life Link III to temporarily
install the dboule -wide office trailer in the area immediately adjacent to the FBO hangar. Several options
were discussed regarding the hangar, but because of unknown funding operations, it was determined that
• allowing the temporary installation of the double -wide office trailer in the area immediately to the south of
the FBO hangar would provide the greatest benefit to the airport. A motion was made by Schwarze, second
by McGraw to allow Life Link III to temporarily place a double -wide in the area immediately south of the
FBO hangar, pending their application for the same. Unanimous approfal.
Fixed Base Operator agreement — The City Council extended the FBO contract for six months, as was
recommended by the ASirpot Commsision at the last meeting. Olson presented a draft request for
proposals based on the current contract that could be advertised as soon as Thursday February 28, 2008,
The Airport Commission approved the proposed request for proposals as presented.
Available Open Hangars — Aircraft are now stored in available open hangars for which the City is receiving
no rent. After discussion, the Airport Commission ordered City staff to prepare billings for the owners of
these aircraft. Billings would be made at 1 /2 the current rate for a period of up to three months. If, after 3
months, the aircraft is still stored in the open hangar, the owner of the aircraft would be required to
formally lease the space and would be back - billed for the remaining'' /, of the rent for the previousl three
months. The same criteria will be used if the FBO uses an available hangar for personal aircraft, but the
FBO will not be charged if a customer's aircraft is being repaired. The FBO was granted authority to
exceed the 2- hangar limit for a period of one year for personal aircraft.
Airport Li hg ring In an effort to save energy and related costs, McGraw requested that City staff identify
whether the airport's lights needed to be on low sening all nithg long, or whether there could be other
marker lights installed and allow pilots to control runway lights with their avionics.
E
At 7:10 pm, a motion to adjourn was made by Schwarze, second by McGraw. Unanimous approval.
NEXT MEETING: Regularly scheduled for March 20, 2008
+HUTCHINSON AIRPORT COMMISSION
Resolution 08- 02 -21 -1
WHEREAS; The Hutchinson Municipal Airport — Butler Field has nearly 50 aircraft based, and
WHEREAS; Most of the based aircraft are of classification Al and Bl, indicating that they are lighter aircraft less
tolerant of operations in significant crosswind conditions, and
• WHEREAS; Pending approval from FAA that a crosswind runway would be eligible for Federal funding, and
to b-) 1
WHEREAS; The City's Airport Engineer has deliberately laid out the preliminary location of a crosswind runway to
take advantage of existing land uses and marginal land in the area, and
WHEREAS; Efforts have been made by City staff to work with the City Planning Staff, City Planning Commission
• and Joint Planning Commission to address issues of zoning for a crosswind runway;
THEREFORE BE IT RESOLVED THAT: The Hutchinson Airport Commission hereby recommends that:
1) A 2,800 foot turf crosswind runway be included in the City's Airport Layout Plan (ALP), and
2) City staff be directed to work with the City Planning Commission and Joint Planning Commission to
begin the process of zoning land that would be necessary for the crosswind runway and its Zone A and
Zone B safety areas, and
3) The City Council adopt a similar resolution indicating the intent to include the crosswind runway on
the ALP, pending eligibility of the crosswind runway for Federal funding.
ADOPTED this 21 day of February, 2008 by the Hutchinson Airport Commission.
•
+HUTCHINSON AIRPORT COMMISSION
Resolution 08- 02 -21 -2
WHEREAS; The Hutchinson Municipal Airport — Butler Field has regularly hosted traffic from large general
aviation aircraft, and
WHEREAS; There are some based aircraft that are heavier aircraft less tolerant of operations on a 4,000' runway
and that a double displacement runway extension would provide additional safety to air traffic, and
WHEREAS; Pending approval from FAA that a double displacement runway extension would be eligible for
Federal funding, and
• WHEREAS; Pending approval from Mn/DOT Aeronautics that existing zoning for the runway, including Zones A
and B would not need to be extended to the north, and
(o (9,� 1
WHEREAS; The City's Airport Engineer has identified the preliminary location of runway extensions to take
advantage of allowing heavier aircraft to operate safely at the airport, and
WHEREAS; Efforts have been made by City staff to work with the City Planning Staff, City Planning Commission
• and Joint Planning Commission to address issues of zoning for a crosswind runway;
THEREFORE BE IT RESOLVED THAT: The Hutchinson Airport Commission hereby recommends that:
4) A 500 foot double displacement runway extension on both ends of the runway be included in the
City's Airport Layout Plan (ALP), and
5) City staff be directed to work with Mn/DOT Aeronautics, the City Planning Commission and Joint
Planning Commission to begin the process of identifying whether federal zoning, instead of state
zoning could be secured, at minimum on the north end, to allow existing developments to remain in
place, and
6) The City Council adopt a similar resolution indicating the intent to include the double displacement
runway extension on the ALP, pending eligibility of the double displacement runway extensions for
Federal funding.
ADOPTED this 21' day of February, 2008 by the Hutchinson Airport Commission.
•
+HUTCHINSON AIRPORT COMMISSION
Resolution 08- 02 -21 -3
WHEREAS; The Hutchinson Municipal Airport — Butler Field has identified on its current Airport Layout Plan
areas that can be developed for private commercial hangars, and
WHEREAS; There has been an application, plans and specifications for a private commercial hangar submitted by
AJA Aviation, LLC that complies with the Airport's Minimum Standards and provisions of typical lease documents
for private hangars, and
WHEREAS; Current property descriptions included in the existing conditional use permit for commercial hangars
does not adequately describe the property intended for development by the Hutchinson Airport Commission, and
WHEREAS; City staff have been directed to prepare property descriptions indicating the area intended for
development of private commercial hangars, and
• WHEREAS; The City's Engineering Department can adequately identify the property indicated on the attached
map,
4 Lp,) �
THEREFORE BE IT RESOLVED THAT: The Hutchinson Airport Commission hereby recommends that:
7) The area identified by the Airport Commission be identified by the City's Public Works Department
and be included on a joint Conditional Use Permit application between AJA Aviation, LLC and the
• City of Hutchinson, and
8) City staff be directed to draft a private hangar lease document between the City of Hutchinson and
AJA Aviation, LLC, and
9) The City Council adopt a similar resolution indicating the intent to allow AJA Aviation, LLC to
construct and operate a private commercial hangar at Hutchinson Municipal Airport pending approval
from the Airport Commission, the City Building Official, the Planning Commission, and in compliance
with existing and future applicable regulations.
ADOPTED this 21" day of February, 2008 by the Hutchinson Airport Commission.
•
r1
LJ
C06-��
+HUTCHINSON AIRPORT COMMISSION
March 20, 2008
5:30 p.m.
Airport ArrivaVDeparture Building
• Minutes
Members present: Dave Skaar, Chuck Brill, Doug McGraw;
Members absent: Dick Freeman, Joel Schwarze
Others Present: John Olson, City of Hutchinson; Tom Parker, Hutchinson Aviation;
Others present: Brent Reiner, AJA Aviation, LLC; Richard Heidecker, Westside Storage;
Several tenants were also present.
Meeting called to order at 5:30 p.m. There was a quorum of members present.
1. Approve Minutes of February 21, 2008 meeting
Motion made by Brill, second by McGraw to approve minutes. Unanimous approval.
2. Review Updated Hangar Assignments
Commissioners were presented the latest map, with updates.
3. Operational Issues
Crosswind Runw — Olson informed the Commission that the City Council approved inclusion of a
crosswind runway on the Airport Layout Plan (ALP) update.
Rurm Extension (Double Displacement) — Olson informed the Commission that the City Council did not
approve inclusion of double displacement runway extension on the ALP update. City, state & federal staff
and Lyle Kratzke, TKDA had met to review options. Because of the zoning issues, Mn/DOT Aeronautics
• indicated that it would be best to engage in an airport master planning process to ensure we have
appropriate facilities for the region. The master planning process may be approved as early as this spring,
but will likely end up being a FY2009 item.
Fixed Base Operator aereemerrl — Olson reminded Commissioners that the City Council has extended the
FBO contract for six months, as requested at a previous. The request for proposals advertisement was
approved at the February Airport Commission meeting. The request for proposals will be advertised on
March 25, with closing date of Friday April 11, 2008. Olson noted that dates on the attachment copy of the
advertisement should be corrected.
4. Other Discussions/ New Business
AJA Aviation LLC (Brent Reiner, Pres.) — Olson reponed that the City Council approved drafting
documents to allow AJA Aviation, LLC to pursue construction of a private commercial hangar in the area
south of the Civil Air Patrol building. Tuesday night of this week, the Planning Commission approved the
Conditional Use Permit to construct private commercial hangars in the area identified on the attached map.
Olson reported that a meeting had been held with Mr. Reiner regarding conditions for construction of the
hangar.
Olson indicated the average and high lease rates from the 2004 Minnesota Council of Airports survey
available from Mn/DOT. After discussion, it was identified that AJA Aviation, LLC would incur higher
Than traditionally expected costs related to installation of water and sewer utilities resulting from the
distance between these utilities and the location of the proposed hangar.
u
t 6-j �
Airport Commission
Minutes
March 20, 2008
Page 2
• A motion was made by Brill to establish a lease rate of 50.20 per square foot. The motion died for lack of a
second.
A motion was made by McGraw to establish a lease rate of $0.068 per square foot. The motion died for
lack of a second.
A motion was made by Skaar to establish a lease rate of $0.108 per square foot, second by Brill. Pursuant
to discussion, the motion was amended by Skaar to establish a lease rate of $0.104 per square foot, second
by Brill. Unanimous approval.
Wesrside Storage —Mr. Richard Heidecker presented before the Airport Commission to discuss the potential
for a mini- storage business on airport property, west of the back entrance to the fairgrounds.
Olson indicated that the airport has the land leased for agriculture. Also, private operations are allowed in
the minimum standards only if they are aviation related.
Discussion indicated that an alteration to the minimum standards to allow private operations that are not
aviation related would need to be drafted and forwarded to the City Council for approval if the project were
to be considered.
Also of concern was the proximity of the proposal to the end of the runway. There was general concern for
the potential safety implications of buildings in the area near the end of the runway.
A motion made by Skaar, second by Brill to table this proposal. Staff was directed to determine what
alternatives there may be for the proposed project and report at the April meeting.
• At 7:00 p.m., a motion to adjourn was made by McGraw, second by Brill. Unanimous approval.
NEXT MEETING: regularly scheduled for April 17, 2008
•
1, 1'
+HUTCHINSON AIRPORT COMMISSION
April 17, 2008
5:30 p.m.
Airport ArrivaVDeparture Building
• Minutes
Members present: Dave Skaar, Chuck Brill, Doug McGraw, Dick Freeman, Joel Schwarze; Mayor Cook
Members absent: None
Others Present: John Olson, City of Hutchinson; Tom Parker, Hutchinson Aviation;
Tim Miller, Air Methods
Meeting called to order at 5:34 p.m. There was a quorum of members present.
1. Approve Minutes of March 20, 2008 meeting
Motion made by Brill, second by McGraw to approve minutes. Unanimous approval.
2. Review Updated Hangar Assignments
Review latest map (w/ updates)
Review latest priority list (w/ updates)
Available Open Hangars — There are currently 0 enclosed hangars available. There are currently 2 open -
sided hangars available.
Future requests from existing tenants will include only request for proof of insurance, if the existing
tenant's aircraft registration is on the FAA web site.
3. Operational Issues
• ALP Update — TKDA is working on the final draft of the Airport Layout Plan. We should expect draft
information beginning in late spring, early summer of 2008.
Fixed Base Operator agreement — An advertisement was placed for the FBO contract. 1 received one
proposal from Hutchinson Aviation. Staff recommends approving a new FBO contract with Thomas
Parker, Hutchinson Aviation. Motion by Freeman, second by Brill to recommend approval of the FBO
agreement with Thomas Parker, Hutchinson Aviation. Unanimous approval.
AJA Aviation LLC — All items for construction of the commercial hangar by AJA Aviation, LLC have been
approved. Olson was asked to contact Brent Reiner regarding plans for the apron.
4. Other Discussions/ New Business
Request from Crow River Amateur Radio Club — Commission approved use of airport grounds between the
morning of June 28 and the afternoon of June 29 for a radio exercise. All materials will be packed up,
cleaned up, and gone by 2:00 pm on June 29.
The club is asking to use the same location and footprint as last year. In my conversations with Tom, he
indicated that several public officials were able to come to the event last year to learn about the services
that the Crow River Amateur Radio Club could provide, especially during emergency situations. Contact
information:
Tom Gillespie
Automation Robotics Instructor
13100 College View Drive
• Eden Prairie, MN 55347
952- 995 -1559
tom.gillespic@hennepintech.edu
c049� �
Hutchinson Airport Commission
Minutes
April 17, 2008
Page 2
• Westside Storage — Hutchinson Proposal — At the last meeting, Richard Heidecker presented to discuss the
potential for a mini - storage business on airport property, west of the back entrance to the fairgrounds.
The Airport Commission had requested that staff review options that the Airport may have with regard to
this project.
The Commission reviewed potential plans for the area, along with existing utility maps. It was determined
the uses would be incompatible. Motion by Scwarze, second by McGraw to deny the request from
Westside Storage for a mini- storage business on airport property west of the back entrance to the
fairgrounds. Unanimous approval.
Property adjacent to Fairgrounds property
Olson was instructed to contact Randy Starke, Fairgrounds Manager regarding a potential trade for property
along County Road 8.
Lighting
Staff and Joel Schwarze will identify potential plans for reducing runway lighting at night using LED
lighting.
Airport Symposium
Olson reported he would not be able to go to the Symposium. Any Commission members that would want
to go should request registration from Olson.
WIFI Antenna
The Commission approved Schwarze to install a W1F1 antenna on the outside of the building to potentially
serve hangar spaces north of the terminal, provided no interruption in service inside the building would be
experienced.
A motion to adjourn was made by Brill, second by Freeman. Unanimous approval.
NEXT MEETING: regularly scheduled for May 15, 2008
r 1
�J
t06) I
EDA Board of Directors
Meeting Minutes
7 AM Friday, April 4, 2008
(March Meeting)
Members present in bold
Members
Tim Ulrich Diane Gordon Steve Jansick
Casey Stotts Jim Haugen Mike McGraw
Staff
Mlles Seppelt, EDA Director
I. Call to Order
Tim Ulrich called the meeting to order at 7:01 AM.
II. Approve Agenda
No action
III. Review Meeting Minutes
A. February 22 ntl Board of Directors
Marc Vaillancourt
• MIS/P: Haugen, Vaillancourt to approve the minutes as written. Passed
unanimously.
B. February 20'" Finance Team
MlSIP: McGraw, Haugen to approve the Finance Team minutes as written.
Passed unanimously.
IV. Review February Financial Statements — Ken Merrill
EDA Director Miles Seppelt provided the following report
January Report
• Cash available for operations is $143,136
• Both the Warrior Mfg. & Customer Elation mortgages for the land write -down
program are shown.
• We had $500 in rental income for the month.
• Wages & benefits totaled $9,158
• Economic Development Loan fund had $91,805 in cash available
• Ashwill Industries & Warrior Mfg. loans are performing as required.
• Downtown loan fund has $420,705 in cash available.
• Downtown loan fund currently has $662,381 in mortgages outstanding.
• Loan repayments as of January 31" have totaled $11,729.
• $4,850 in downtown grants has been awarded.
• $50,000 has been paid to Cenex from the Downtown Loan Fund as part of the
fertilizer plant acquisition.
•
(po 421,
MIF loan fund currently has $13,000 in cash available from Warrior loan
repayments and the outstanding balance on the loan is $188,673.
F
February Report
• Cash available in operations is $133,088
• Total of mortgages held as part of the land write -down program is $166,399.
• $500 in rental income was received from the Wetherell property.
• Wage / benefit expense for the month totaled $9,406.
• $1,012 was spent on professional services, relating to the development of the
new industrial park.
• Economic Development loan fund has $93,050 in cash available along with
$25,000 on deposit with MCCF.
• Downtown loan fund has $424,158 in cash available with mortgages totaling
$655,089.
• $20,181 in loan repayments has been received thus far this year.
• MIF loan fund has $15,600 in cash available with a note outstanding of $186,466.
M IS /P: Vaillancourt, McGraw to approve the financial report as presented. Passed
unanimously.
r1
U
V. Director's Report
A. Cenex Project
BR & E Visits
None this month.
- Phase II environmental and the "Limited Site
Investigation' are essentially done.
- Based on the findings, Braun Intertec is going to ask the MPCA to close the
site, as there is no significant additional petroleum contamination.
- About 330 yards of material will be to be removed to address the agricultural
chemical contamination — not too bad.
- Cenex will be sending a crew to do a final clean -up of the site shortly, and we
will have an asbestos inspection done in the near future as well.
- Aiming to have structures on the 3 n0 avenue site demolished by the end of
May.
B. Customer Elation Call Center
Project is on schedule, should be in operation by the end of May with 25
employees on day one.
Paperwork has been submitted to obtain the first part of the MIF loan and
that should be coming in today. We will have the entire $500,000 MIF loan
disbursed by mid - summer and repayment will commence on August 1 5r .
C. Business Incubator
Currently working to integrate the Ridgewater College members of the
project team.
D. Business Recruitment
• RKadia / Haugen Furniture
• Recon Robotics
• Company "X'
•
The owner of RKadia indicated that he is not proceeding with the acquisition /
merger with Haugen Furniture at this time.
We had a good phone visit with Recon Robotics, they could potentially be a
tenant for the Business Incubator. The company is still working on its due
• diligence, evaluating other communities, etc.
We have not heard anything lately from Company 'X; although we are sUll
tentatively scheduled for a visit by company executives on Saturday, April
12 h .
E. County EDA
Staff is currently in the process of meeting individually with county board
members. The visit with Bev Wangrin went extremely well and we believe
she is in support of the concept.
Dan Ehrke in Glencoe is meeting with Kermit Terlinden.
We will be meeting with Sheldon Nies in the days ahead.
The next meeting of McLeod For Tomorrow will have economic development
as one of its areas of focus.
VI. Proposed Revisions to Sign & Awning Grant Rules
After a brief discussion a motion was made to amend the language of the EDA's Sign
& Awning Grant Program, specifically the Contractor / Permits paragraph, as
follows:
Contractor 1 Permits: A minimum of oae bid two bids per project must be obtained
from contractors, the lower of which will be reimbursed. unless the work is done by
the grant applicant. All required permits must be obtained.
(Note: Deleted language is shown with a 04kethrough and new language is denoted by underlinirw
• M /S/P: Gordon, Vaillancourt to adopt the amended language for the EDA's Sign &
Awning Grant Program. Passed unanimously.
VII. Proposed Company "X" Assistance
Staff noted that DEED is making their incentive contribution for Company °X° a
forgivable $500,000 loan made directly to the company. If the company meets its job
creation goals the entire amount would be forgiven.
Originally it was our understanding that the assistance would be in the form of a
$500,000 grant to the city, which in turn would loan it to the company. As the
company repaid the loan, the funds we become a permanent addition to the EDA's
revolving loan fund.
As part of the overall incentive package, 10 acres of land is to be provided to the
company free of charge, the premise being that for an investment of about $56,000
(the original cost of the land) the city would get a new company, significant new job
creation, potentially a $500,000 infrastructure grant and a $500,000 MIF grant which
would ultimately become a permanent addition to the revolving loan fund. Now this
last benefit will go directly to the company.
The Board discussed the issue and concluded that the potential benefits of the
project still far outweighed the projected costs.
VIII. 2007 Annual Report
is Miles Seppelt briefly summarized the 2007 EDA Annual Report. Highlights included:
• Summary results for the last five years were included in the 2007 report.
• 17 BR &E visits to manufacturers were made in 2007, with 46 companies
being visited over the last five years.
• Successful grant writing has increased the value of the EDA's economic
development revolving loan fund from $194,840 in 2005 to $908,866 in 2007.
• Warrior Mfg. has begun operations and Customer Elation has been recruited
to the community.
• A total of $845,000 in grants has been brought in over the last three years.
• 20 Sign & Awning Grants were awarded totaling $32,117.88
• 6 Storefront Revitalization Matching Grants were awarded totaling
$25,398.97
• Total EDA equity has risen to $2,959,735
• The final report will be posted to the internet shortly.
IX. Grant & Loan Applications
Sign & Awning Grant Program
Hope Center— Laurie Gelschus $1,000
218 Main Street S
M1SIP: McGraw, Gordon to approve up to $1,000 for a new sign for the Hope Center.
Passed unanimously. Vaillancourt abstained.
X. Other Business
Miles Seppelt reported that he attended the Worthington Bio-Science Conference
• XI. Chamber Update
Dairy Day has been scheduled for the first week in June.
XII. Set Next Meeting — April 25"'
Marc Vaillancourt indicated that he would not be able to attend April's meeting due to
a scheduling conflict.
XIII. Adjourn
With no further business to attend to, the meeting adjourned at 7:53 AM.
Respectfully Submitted,
Miles R. Seppelt
EDA Director
J
� Lp-
Hutchinson Housing & RedevefopmentAuthority
Regular Board Meeting Tuesday, April 15, 2008, 7:00 AM
• Minutes
1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Becky
Felling, LaVonne Hansen, Joel Kraft and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming.
2. MINUTES OF THE HRA BOARD MEETING ON MARCH 18, 2008
Chairman Casey Stotts asked if there were any corrections or additions to the March 18, 2008 Minutes.
There were none, so the March 18, 2008 Minutes were approved as written.
3. FINANCIAL REPORTS
Becky Felling moved to approve the Financials Reports. Joel Kraft seconded and the motion carried
unanimously.
4. PARK TOWERS
a. Jean Ward reviewed with the Board the Tabulation/Recommendation of Bid Award for the Park
Towers Renovation Project. Joel Kraft moved to award the contract to KUE Contractors. Ruth
Kimball seconded and the motion carried unanimously.
b. LaVonne Hansen moved to execute the consulting agreement/contract with Center for Energy &
Environment for the commission to update the ventilation system at Park Towers.
c. Jean Ward updated the Board on a potential insurance claim.
5. SCHOOL CONSTRUCTION UPDATE
Jean Ward reviewed with the Board the letter from Ron Johnson re next year's school construction
• project. Joel Kraft moved to allow Jean Ward to negotiate the different scenarios with the school.
LaVonne Hansen seconded and the motion carried unanimously.
6. FRANKLIN GROVE EXPANDED REHAB PROJECT UPDATE
LaVonne Hansen moved to approve the EFG Humphrey Loan 98692 contingent to the Loan Review
Committee's approval. Ruth Kimball seconded and the motion carved unanimously.
7. TARGET AREA FOR NEW SCDP APPLICATION
Jean Ward and Judy Flemming reviewed with the Board the proposed target area for a new SCDP
application.
REVIEW UNDERWRITING STANDARDS CREDIT SCORE REQUIREMENTS.
Joel Kraft moved to approve the revised FUF /CFUF underwriting standards. Becky Felling seconded
and the motion carried unanimously.
9. COMMUNICATIONS
a. Upcoming Meetings:
— SCDP Workshop, Mankato
— League of MN Cities /GMHF on Foreclosures
April 15, 2008 Minutes Page 1 oft /� \�
10. SCHOOL CONSTRUCTION UPDATE CONTINUED
• a. Diane Sorensen updated the Board on 1170 Prairie View Drive SW and the housing market in
general. She is going to have an open house April 27' or May 4'
b. LaVonne Hansen moved to lower the asking price of the school construction house to 5163,900.
Joel Kraft seconded and the motion carried unanimously.
11. ADJOURNMENT
There being no other business, Chairman Casey Stotts declared the meeting adjourned.
Recorded by Jean Ward, HRA Executive Director
Becky
•
•
April 15, 2008 Minutes Page 2 of 2
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, April 15, 2008
Hutchinson City Council Chambers
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Lynn Otteson at 5:34 p.m. with the following
members present: Chris Kovacic, Christie Rock, John Lofdahl, Jim Haugen, Mike Flaata
and Chairman Otteson. Absent: Farid Currimbhoy Also present: Rebecca Bowers, Planning
Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz,
Planning Coordinator
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
a) Consideration of Minutes dated March 18, 2008.
Mr. Flaata moved to approve the consent agenda as submitted. Seconded by Mr.
Haugen. The consent agenda was approved unanimously
4. PUBLIC HEARINGS
a) CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS LOCATED
AT WALMART, 1300 HWY 15 SOUTH, REQUESTED BY TNT FIREWORKS
is Chairman Otteson opened the hearing at 5:36 p.m. with the reading of publication #7670
as published in the Hutchinson Leader on April 3, 2008.
Ms. Bowers commented on the annual request to allow fireworks to be sold in a tent
located in the WalMart parking lot. The request is to set up the tent June 18"' with take
down July 5 — 9. She explained Section 130.08 C(6) of the Hutchinson Municipal Code
requires a conditional use permit for outside sale of fireworks. She stated conditional use
permits have been granted annually since 2005 for the same request. She explained
approval of a conditional use permit shall be based on the standards for granting
conditional use permits.
Ms. Bowers reported the staff would recommend approval of this request with certain
conditions for safety. There do not appear to be any traffic flow issues and there are no
entrances onto Highway 15 in this area. Access would be from the internal parking lot.
The display must be kept secured at all times. Signage requires separate applications
and permitting. The following recommendations were suggested by staff:
1. Display must be kept secured.
2. Signage requires a separate permit.
3. Access must be from the internal parking lot.
4. The permit is allowed from June 18, 2008 to midnight July 9, 2008
Mn /DOT reviewed the request and offered the following comment: "No signs are
• permitted within Mn /DOT right of way at any time."
(&-)y
Minutes
Planning Commission — April 15, 2008
Page 2
Discussion followed on the traffic flow. Ms. Bowers stated there does not appear to be
any traffic flow problems over the years the tent has been located at WalMart
Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Lofdahl the hearing
closed at 5:39 p.m. Mr. Haugen made a motion to recommend approval of the request
with staff recommendations. Seconded by Ms. Rock, the motion carried unanimously.
Ms. Otteson stated this item will be placed on the City Council consent agenda at their
meeting held April 22, 2008, in the Council Chambers at 5:30 p.m.
b) PRELIMINARY PLAT FOR ENERGY PARK, HUTCHINSON EDA, FOR
DEVELOPMENT OF A NEW INDUSTRIAL PARK
Mr. Haugen made a motion to table this item to the May meeting. Seconded by Mr.
Lofdahl, the motion carried unanimously.
c) RIVER OVERLAY DISTRICT DESIGN STANDARDS ORDINANCE AND DISTRICT
BOUNDARIES
Chairman Otteson opened the hearing at 5:40 p.m. with the reading of publication #7670
as published in the Hutchinson Leader on April 3, 2008.
Ms. Bowers commented on the staff review of the overlay ordinance. She gave
background on the proposed ordinance that was recommended from the Hwy 7 Study.
She commented on proposed overlay area and noted the area was expanded based
upon the recommendations at the last Planning Commission meeting. She explained
the ordinance and stated this will be a new section in the City Code. The River Overlay
District would be a new layer of review to meet the Study objectives. The vision and
goals are from the Hwy 7 Study. She commented on the application of the ordinance to
land use in the district. She summarized the details of the design standards.
Landscaping and stormwater management standards were discussed. Ms. Bowers
touched on the Architectural Design section and explained the signage and lighting
section and the "way finding" signage.
The Commission discussed how the standards would apply to existing buildings and
properties. Staff reviewed the draft language that would apply the standards to
redevelopment and new buildings constructed within the district. An option for
exemptions for existing legal uses was discussed. The ordinance would allow existing
uses to be exempted from the standards to allow construction of additions and new
buildings on their properties without complying with the standards. The Commission
supported the exemption for existing uses. The Commission discussed how the
standards would apply to changes in uses or if a building was destroyed. If a building is
destroyed, statutes allow it to be rebuilt if a building permit is applied for within 120 days.
For changes in use, the regulations in place at that time would apply, as the exemption
would be tied to the existing use. Discussion followed on clarifying the term uses or
buildings.
Greg Witt, Edina Realty, encouraged the Commission to get the language right before
sending this through. He has concerns for the existing businesses and the change to
their properties.
Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Flaata the hearing
closed at 6:14 p.m. Mr. Kovacic made a motion to recommend approval of the request
with staff recommendations. Seconded by Mr. Haugen, the motion carried unanimously.
4&)"I
Minutes
Planning Commission —April 15, 2008
Page 3
This item will be placed on the City Council consent agenda at their meeting held April
22, 2008, in the Council Chambers at 5:30 p.m.
• 5. NEW BUSINESS
6. OLD BUSINESS
a) LOT SPLIT REQUESTED BY KENNETH COTE LOCATED AT 1316 DELAWARE
STREET N.W. TO CREATE A NEW LOT WITHIN THE SHORELAND DISTRICT AND
FLOOD PLAIN (TABLED FROM AUGUST, 2007)
Ms. Bowers stated the Planning Commission reviewed this request twice in 2007. She
explained the DNR has recommended to deny the request. She commented on the
existing home and garage and stated the requested items were provided. Mr. Cote is
able to meet the coverage requirements in the shoreland district. She presented
information provided from the prior meetings. Discussion followed regarding the
detached garage on the remaining lot which would be non - conforming. Ms. Bowers
commented on the prior Planning Commission conditions. She stated the applicant is
present to discuss the condition to remove the garage.
Mr. Cote, asked to keep the detached garage. He commented on the possibility of
acquiring additional property to allow the garage to remain on the lot with the house. He
is asking if the lot division is permissible as requested if not, he would explore the
possibility of purchasing the vacant lot. He stated he will withdraw the request if the
garage had to go. Discussion followed on the previous request to remove the garage.
Staff stated that the Commission needs to act on the current application and that Mr.
Cote could withdraw his application until he decides on his options. He could apply later
is he is able to obtain additional property and wishes to pursue building. Mr. Cote stated
he will withdraw his request tonight and signed a withdrawal letter.
COMMUNICATION FROM STAFF
Ms. Bowers stated the next step in the Hwy 7 Study Area will be to create a Mixed Use
zoning district.
8. ADJOURNMENT
There being no further business the meeting adjourned at 6:27 p.m.
•
ua)m
MINUTES
HUTCHINSON AREA JOINT PLANNING BOARD
Wednesday, April 16, 2008
• Hutchinson City Council Chambers
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Bill Arndt at 5:30 p.m. with the following members
present: Tom Wirt, Larry Karg, Grant Knutson, Robert Anderson, and Chairman Arndt. Absent:
Jim Lauer Also present: Larry Gasow, McLeod County Zoning Administrator, Rebecca Bowers,
City Planning Director, Marc Sebora, City Attorney, Marc Telecky, McLeod County Assistant
Zoning Administrator, Roger Berggren, County Environmentalist and Bonnie Baumetz, Planning
Coordinator
APPROVAL OF MINUTES
a) Consideration of Minutes dated February 20, 2008.
Mr. Anderson made a motion to approve the minutes of February 20, 2008. Seconded by
Mr. Wirt the motion carried unanimously.
3. PUBLIC HEARINGS
a) CONDITIONAL USE PERMIT REQUEST BY SKYVIEW DAIRY TO ALLOW EXPANSION
OF DAIRY FEED LOT OPERATION FROM 1620 ANIMAL UNITS TO 2582 ANIMAL UNITS
LOCATED IN SECTION 3, HASSAN VALLEY TOWNSHIP, AT 18503 NICKEL AVENUE
• Chairman Arndt opened the hearing at 5:35 p.m. with the reading of publication #7671
published in the Hutchinson Leader on Thursday, April 3, 2008.
Mr. Gasow commented on the request for a conditional use permit to expand the Skyview
Dairy feedlot from 1620 animal units to 2582 animal units. He explained an amendment to
the Ordinance was passed to allow an increase to existing feedlots of more than 400 animal
units with a conditional use permit. He explained the feedlot permit application has been
reviewed by the McLeod County Environmental Office the Water Plan Task Force committee
that reviews and makes recommendations regarding feedlot applications has recommended
approval with conditions. The MPCA has required a NPDES permit and manure
management plan which reviews location and amounts of manure application on acres
owned and spreading easements of neighboring land. The MPCA is still in their comment
period and neither permit or plan have been approved to date. The DNR reviews and issues
permits for water appropriation of more than 10,000 gallons per day or one million gallons
per year.
This is an unusual circumstance as discussed in previous hearings as to the size of this
feedlot and it's location within the Hutchinson Joint Planning and its distance to the City of
Hutchinson. The MPCA is reviewing and will be making comments on both the NPDES and
Manure Management Plan, the McLeod County Environmental and Feedlot Officer has
reviewed the application and Skyview Dairy has met the standards to operate a feedlot of
this size. The issue is, does the City of Hutchinson and McLeod County wish to have a
feedlot of this size to expand to the proposed requested size. To allow this expansion
• through a CUP means that conditions can be placed on this expansion and they will need to
be adhered to. To date there have been no recorded or known violations of feedlot rules or
conditions placed on his existing CUP. Staff does have concerns as to future, if any,
(D& 5
Minutes
Joint Planning Board — April 16, 2008
Page 2
expansions and how large of an operation should be allowed within the Hutchinson Joint
Planning Area before Skyview Dairy is required to re- located or expand from a greater
• distance from the City of Hutchinson. Skyview Dairy has gone from the typical feedlot to a
commercial sized feedlot and with this growth will have to come to the realization that they
will be viewed as such and that any potential nuisances or non - conformances will have a
heightened adverse affect on the public, environment and water quality.
Mr. Gasow commented on the staff recommendations as follows:
1.
The Skyview Dairy Conditional Use Permit is subject to the applicant obtaining and
keeping all other necessary state and federal permits current, including but not limited
to compliance with MN Rule Chapter 7020.
2.
The Conditional Use Permit shall be reviewed by the McLeod County Planning &
Zoning Department, the Environmental Services Department and a representative of
the City of Hutchinson every three years or upon change of ownership.
3.
Solid Waste produced at each site shall be picked up and disposed of according to
State and local waste rules.
4.
Deceased animals shall be disposed of properly.
5.
Skyview Dairy shall have and keep a current Manure Management Plan on file in the
Environmental Services office that meets all the requirements of MN Rule Chapter
7020.
6.
The permit holder shall allow the McLeod County Feedlot Officer to inspect the site
whenever necessary. The Feedlot Officer or representative shall provide adequate
notice to the permit holder in advance of any inspection involving access to livestock
buildings.
7.
A Water Appropriation permit shall be kept current. The MN DNR has a Well
•
Interference Program. If interference occurs, the feedlot operator must follow the
DNR directives regarding water use prioritization.
8.
Skyview Dairy is required to have a minimum of 6 months worth of manure storage.
9.
Signed agreements shall be on file in the Environmental Services office for all non -
owned land that will be used for manure spreading. A minimum of 1291 acres shall
be available for manure spreading through direct ownership or current signed manure
agreements with land owners.
10.
If manure is pumped across a road, piping shall go through the road culverts.
11.
The applicant shall be responsible for road cleanup.
12.
Barn construction shall start within one year of approved Conditional Use Permit
JP08 -C3 and completed in three years. The animal units present at this site shall be
over 1620 within one year from the approval date of the Conditional Use Permit.
13.
There shall be no winter spreading in the Hutchinson Joint Planning area and all
manure spread within the Hutchinson Joint Planning area shall be incorporated within
24 hours, with the exception of Sections 3 and 4 of Hassan Valley Township.
14.
Manure being spread in the Joint Planning Area is limited to spreading during the
hours of 6:00 a.m. to 8:00 p.m.
15.
Shelterbelts on the north and east side of the feedlot facility shall be kept in place and
maintained.
Mr. Gasow read a letter from Dr. James Zavoral, neighboring property owner, in opposition to
increase the dairy animal units. His letter of concern was for the air and water quality issues.
Garrett Luthens, Skyview Dairy, made a presentation of the family farm operation. He
commented on the Luthens family farm history. He commented on the new generation
growing into the business best practices for farm management. He explained the business
management and the current Skyview Dairy operation. Mr. Luthens explained the proposed
�0 tA�
Minutes
Joint Planning Board — April 16, 2008
Page 3
additions. Manure digester technology is being studied. He commented on the engineered
manure storage basins. He stated protection of water quality is regulated by MPCA rules
• which they must follow. He commented on the economic impact to the community from the
dairy business. The farm families are good stewards of the land.
Mr. Luthens stated the proposed building south of the railroad track is for housing a calf
facility. Mr. Luthens explained the use of the proposed buildings.
Dean Huber, 18608 Nickel Ave. a neighbor directly across the road from the dairy operation
stated he has no opposition to the expansion. He stated the Luthens have been good
neighbors. Mr. Huber suggested the Board go and look at the operation. He stated there has
been no smell and they do not infringe on him. He praised the operation.
Clint Fall, manager at 1 District in Litchfield, explained there are fewer dairy operations
surviving. The dairy farmers who survive are investing in growth. The general dairy industry
employs many jobs in Minnesota. He stated agriculture is the backbone of MN economy.
Skyview Dairy's request is an improvement to what they have today. He reported the
Methane Digester produces electricity. He reported there are more young people interested
in agriculture and dairy today.
Bob Lafave, MN Milk Producers, executive director, explained they are trying to keep dairy
farmers in Minnesota. Young people are getting involved in dairy in MN.
Jason Portner, Fertilizer Coop in Lafeyette MN, explained he helps the Luthens family with
feed nutrient management. He stated nutrients from the waste is valuable and fertilizer is
expensive. He explained the costs to feed animals.
Mr. Knutson moved to close the hearing. Seconded by Mr. Karg. The hearing closed at 6:16
p.m. Mr. Anderson made a motion to approve the request with the15 staff recommendations
and amending #2 deleting "a representative from the City of Hutchinson'. Seconded by Mr.
Knutson. Discussion followed on the reason for the amendment. Mr. Anderson stated it is
not necessary to have a City representative unless a there is a representative from the
township. After discussion, the consensus was the township may be added. Chairman Arndt
called for the motion. The motion failed. Mr. Anderson made a motion to add Hassan Valley
township representative to condition 42. Seconded by Mr. Knutson. Discussion followed on
the 1291 acres being available for manure spreading. Mr. Berggren stated the ordinance
requires 1 /2 acre per animal unit. Mr. Berggren was asked to define road cleanup. He stated
that pertains to manure on the road. There was a suggestion to clarify the word cleanup. A
motion was made by Mr. Wirt to add manure and field mud as cleanup to #11. Seconded by
Mr. Karg. Mr. Knutson made a motion to approve the 15 conditions as amended. Seconded
by Mr. Anderson. The motion carried unanimously. Mr. Gasow stated this item would be
forwarded to the County Board and placed on their agenda, May 6 2008,at 10:00 a.m.
4. NEW BUSINESS
a) SKETCH PLAN FOR WOOD PRODUCTS SECOND ADDITION SUBMITTED BY
SYLVESTER REINERT LOCATED IN SECTION 8 HASSAN VALLEY TOWNSHIP
Mr. Telecky explained the request for the sketch plan for a 2 lot plat and commented on the
location. He stated the property is indicated an industrial use and meets the comp plan.
181 Staff has concerns with the mixed uses that would be allowed on the new lot being created.
The part of the old Lot 4, Block 1 is zoned industrial while the remainder of the new lot would
be zoned agricultural.
Minutes
Joint Planning Board — April 16, 2008
Page 4
He explained the platting process and the need to rezone. Staff would like the new lot
• rezoned to agricultural. Discussion followed on the maintenance of the service road. The
road situation is an unresolved issue. Discussion followed on allowing the plat until the road
is resolved.
Mr. Anderson moved to table this item to the May meeting. Seconded by Mr. Wirt. The
motion carried unanimously.
b) ELECTION OF OFFICERS
Mr. Karg called for nominations for Chairman. Mr. Knutson moved to nominate Mr. Arndt.
Seconded by Mr. Anderson. The motion carried unanimously for Mr. Arndt as Chairman.
Chairman Arndt called for nominations for Vice Chairman. Mr. Wirt moved to nominate Mr.
Lauer as Vice Chairman, seconded by Mr. Karg. Mr. Knutson moved to cast a unanimous
ballot for Mr. Lauer. Seconded by Mr. Anderson the motion carried unanimously.
5. OLD BUSINESS
Mr. G250W commented on the issues with the road on the present Reinert, Wood Products
Addition plat. Mr. Gasow stated he would like to settle this with the township and the county.
Steve Reiner, Hassan Valley Town Board, stated there was no official vote by the township. Mr.
Gasow explained he would like to get everyone together to come to an agreement. Discussion
followed on the conditions on the Wood Products plat road. Mr. Telecky stated Mr. Reinert
followed the process. Steve Reiner, Hassan Valley Twp., explained the plat was previous to his
involvement. He reported there is nothing in the minutes as acceptance of the road. He
• explained the road is substandard and drains to the buildings not the highway. The road must be
upgraded which is not done yet. There was discussion of service districts. Discussion followed
for a fix of some kind. It was decided to bring this item to the May Joint Planning Board meeting
with all parties involved.
6. COMMUNICATION FROM STAFF
7. ADJOURNMENT
There being no further business the meeting adjourned at 6:58 p.m.
•
b
4
e
' i
v
i
"I
i
u�
ra
A
ael
„I
:e
eO l
ul
„I
v
m�
•
4/23/2008 HUTCHINSON VITIES COMMISSION
PAGE 1
•
BAL CE SHEET
MARCH 31, 2008
C:4
*—*—TOTALxxxx
ASSETS
_UTILITY..PLANT . —. AT COST.
LAND •L. LAND RIGHTS
4 484, 719. 43
DEPRECIABLE UTILITY PLANT
105,170,076.33
TOTAL. UTILITY. PLANT
_. _109 644 , 797. 7 6
LESS ACCUMULATED DEPRECIATION
(36,315,990.93)
TOTAL ACCUMULATED DEPRECIATION _ _..
_. S. 3b,. 318,990, 93).
CONSTRUCTION IN PROGRESS
699,210.10
TOTAL CONSTRUCTION IN. PROGRESS _._
—._. _._ _. ... 699,210.10
TOTAL UTILITY PLANT DEPREC VALUE
74,035,016.93
RESTRICTED FUNDS & ACCOUNTS
FUTURE EXPANSION & DEVELOPMENT
259,772.46
PAYMENT_ IN LIEU OF TAXES_ -- ----- _.._.._____
—.__. 1e 077,, IS4,_65_,_ „__
RATE STABILIZATION FUND — ELECTRIC
274,812.67
RATE STABILIZATION FUND — GAS
448,057.00
BOND & INTEREST..PAYMENT_.2003. ...... __. .__ _.._.. _. ____. _. _..... ._.
_. _.. 777,.4.97-77,.
CATASTROPHIC
500,000.00
TOTAL RESTRICTED FUNDS & ACCOUNTS
3,337,324.55
CURRENT & ACCRUED ASSETS
—
CASH IN BANK
5, 098, 537.18
ACCOUNTS RECEIVABLE _ _ _ _ _ _. _
_ _4, 395, 7128, 79
INVENTORIES
1,719,083.42
PREPAID INSURANCE
190,075.64
PREPAID. MAINTENANCE_A6REEMENT ,_.. .___.. _._
_.____56
PREPAID GAS EXPENSE -
(18,471.91)
DEFERRED ENERGY COST — MISO
(53,043.42)
_ PREPAID DENTAL_.I14SURANCE _.... _...___... ___.__.__ _._ —____. _._ _.
_. __. __7,006,_91_
PATRONAGE DIVIDEND RECEIVABLE
6,981.00
CLEARING ACCOUNT
37,621.98
SALES TAX_RECEIVABLE _ _... ___. —__ — _- __.____ — ._— _.._.._..
__ .102, 105._09_
TOTAL CURRENT & ACCRUED ASSETS
11,542,241.59
DEFERRED.-CHARGE _._._...
BOND DISCOUNT 2003
525, 556. 30
TOTAL DEFERRED CHARGE
525,556.30
TOTAL ASSETS
89,440,139.37
n
.s
• 4
4/2312008 HUTCHIN *
*TILITIES COMMISSION P
PAGE 2 •
•
BALANCE SHEET
MARCH 31, 2008
TOTAL + + + +
+
MUNICIPAL EQUITY & LIABILITIES
MUNICIPAL EQUITY.._ __...
MUNICIPAL EQUITY 3
37,406,396.68
UNAPPROPRIATED RETAINED EARNINGS 5
512727.93
TOTAL. MUNIC.IPAL.. E.QVlTY_ ._ _
_ _._... _.__,..
_
_ 57, 919 124. 6
61
LONG TERM LIABILITIES —NET OF
,CURRENT MATURITIES
2003 BONDS 2
26, 830, 000. 0
00
TOTAL LONG TERM LIABILITIES 2
26,810,000.00
CONSTR CONTRACTS & ACCTS PAY RETAIN
ACCRUED EXPENSES — RETAINAGE 1
107,671.74
TOTAL CONSTRUCTION & ACCTS PAY
1
107,671.74
CURRENT & ACCRUED LIABILITIES
ACCOUNTS PAYABLE -
_. _. _— .._._.._ .. _
_ _ 3, 540, 137.5
u
'
o +,
is
Fp
h�.
L,e
i.
.n
v,
t o y
4�1_:
•
STATEMENT INCOME & EXPENSES
H 31, 2008
PREVIOUS_. CURRENT_._ ___..__.BUDGETED_
YEAR TO DATE YEAR TO DATE YEAR TO DATE
•
BUDGET _ _ ANNUAL
DEVIATION BUDGET
INCOME STATEMENT
OPERATING REVENUE
..
SALES — ELECTRIC ENERGY
6, 623, 482.
79
6, 808, 105.
13
6, 373, 175.
19
434, 929.
94
27, 709, 457.
36
SALES FOR RESALE
265,842.14
664 413.44
31,500.00
632,913.44
2,100,000.00
NET INCOME FROM OTHER SOURCES
66,364.99
64,220.97
501000.00
14,220.97
200,000.00
SECURITY LIGHTS
2,822.90
2,817.00
3,750.00
(933.00)
15,000.00
POLE RENTAL
933.29
.00
750.00
(750.00)
3,000.00
SALES — GAS
4, 840, 480.
32_
5,_719,_ 1RhO
—94_ __
__ 4, B77, 102.
10
842, 161.
84
12, 834, 479.
21
NEW ULM TRANSPORTATION
177,934.28
179,597,86
179,000.00
4,997.86
700,000.00
___
TRANSPORTATION — ELECTRIC DIVISION
274,999.97
274,999.89
275,000.00
(.
11)
11 100, 000,
00
TOTAL OPERATING REVENUE
12, 292, 4D9.
(34
13,713,4.18,_23_
_
11,786,277,29
1,927,140.94
44,661,936.
57
OPERATING EXPENSES
PRODUCTION OPERATION
761,594.60
_ 934,_13S,31_.
039,184.69
(394,953.62)
3,920,018.00
_
PRODUCTION MAINTENANCE
61,660.47
68,912.96
97,949.25
29,036.29
391,797.00
PURCHASED POWER
4, 319, 399.
52
4, 813, 510.
22
3, 658, 491.
21
( 1, 155, 019.
01 )
15, 906, 483.
54
OTHER POWER SUPPLY
71,6.-5.
74
531.637_50_
66,134.25
12,496.75
264,537.00
TRANSMISSION OPERATION
397.70
28, 70:3.,32
27,074.25
(1.629.07)
108,297.00
TRANSMISSION MAINTENANCE
695.09
1,188.80
3,822.75
2,633.95
15,291.00
ELECTRIC DISTRIBUTION OPERATION_
..84,:66..69..
_.. S7e�
96,,372.23
8,552.94
385,489.00
ELECTRIC DISTRIBUTION MAINTENANCE
84,497.79
63,058.94
60,000.00
(3,058.94)
240,000.00
PURCHASED GAS EXPENSE
3, 945, 256.
39
4, 861, 962.
87
4, 073, 869.
80
(808, 093.
07)
10, 720, 710.
00
GAS TRANSMISSION OPERATION. _
14,467,39
27,222.60
25,287.50
(1,935.10)
101,150.00
GAS TRANSMISSION MAINTENANCE
2,267.33
.00
_. _
8,379.00
8,375.00
33,500.00
_ _
GAS DISTRIBUTION OPERATION
91,113.89
88,426.42
108,817.50
20,391.08
435,270.00
GAS DISTRIBUTION MAINTENANCE
25,218.01
_ 23,322.62
31,312.50
7,989.88
125,250.
00 _
CUSTOMER ACCOUNTING & COLLECTIONS
79,304
61
78,427.
52
82,990.00
4,522.46
331 800
00
SALES EXPENSE
89,242.16
66,449.
52
88,750.00
22,300.48
355 000.00
ADMINISTRATIVE & GENERAL EXPENSES
603,101
18,_„
698
94
681,911.00
(16,176.94)
2, 7271 644.00__
DEPRECIATION
735,452,76
_
716,491.50
716,491.50
.00
2,865,966.00
PAYMENT IN LIEU OF TAXES TO CITY
269,296.17
289,797.03
289,797.01
(.02)
1,159,188.03
ROADWAY LIGHTING _
..32,_P „.09_
_,3s, 227
75
___, ____ 35, 227.
75
.
00
__- 140, 911.
00 _
TOTAL OPERATING EXPENSES
11,271,130.58
12,956,385.13
10,691.838.21
(2,264,566.92)
40, 228, 364.5
OPERATING INCOME
981,329.26
757,033.10
1. 094, 459
08
(337.425.98)
4, 433, 635.
00
OTHER INCOME
OTHER — NET
615.
90
_ 16,685.87
_ 17, 500.
00
(814.
13)
70,000.
00
INTEREST INCOME
_20
61,007.00
38,891.90
50,000.00
(11,108.10)
200,000.00
M I SC INCOME
26;771.97
(44.36)
150.
80
( 195.
16 )
756, 300.
00
TOTAL OTHER INCOME
109.394.77
55.533.41
67,650.80
(12,117.39)
1.028,300.00
OTHER EXPENSES
MI6C EXPENSES_..
16,955.26
20, 669.
54_
_.__. -, ., 27,000.00
6, 330.46
108, 000.
00
INTEREST EXPENSE
285,367.80
279,169.04
278,B19.00
(350.04)
1,115,276.00
TOTAL OTHER EXPENSES
302,343.06
2991838.58
305,819.00
5,980.42
1,223,276.00
NON — OPERATING INCOME
(193,948.29)
- (244, 305.
17)
(238,168.20)
(6,136.97)
- x (194, 976.005
NET INCOME _787,380.97 „ 512.727.93 856,290.BB
(343,362.95) 4, 238, 659. 00
20 081 _
' April - - 1 J
__ CI OF HUTC FINAN CIAL REPORT i
2007 2008'. 2008 - - 2008
2008'i April
'REVENUEREPORT - GENERAL
_
April Apoli - YE TO
BALANCEPERCEN_TAGE,
TAXES
CENSES
ERMITS AND FEES
_ _AD
YTD MONTH D ATE AC TUAL BU DGET ,
_� 3 993,000 00
33,629 14 585.00 t 43,671_00 56,300 00
64,156.89 32,395.32 53,901.56 336,180.00
R USED'
3,9 W _ 0.00 %
}_
_ 12 629 00
2 82,278.44
77.57 %,
1 %I,
• I NTERGOVERNMENTAL REVENUE 44,914.79
CHARGES FOR SERVICES 422 708.29
_
_ 7 1 622.25 40127.06
170 061.59 466,346.66
2,604
1,778,074.0)x
2,564613.94
1,311,727.34
_
_ _ 1_54%
26.23 %',
FINES & FORFEITS_
14,076.64
998.00
9,374.08
45 ,0_0 0. 00
1 35,625.92
2 0.83 %
,INTEREST
_
_L3, 387.74
220.74
_ (48,254.38
I - 70,000.00
_
- 118,25
_
_- 68.9
REIMBURSEMENTS
87,705.24
43,389.33 154 449.12
4 i 248 , 5 0 0 .88
1,911,573.00 1,6 762.90
i _ 1,000. 0 0 ' _ 90 ..7
10,000.00 ,_ _ 10,000.00 (
11208,818.00 - 10, 187,483 .51
- 18 - -
_ 38 %'.
_ __ _1_5.
_ _ 90.93 %',
_ _ _ 0.00%
9.11
- -
TRANSFERS
!SURCHARGES - BLDG
FUND BALANCE
'TOTAL
PERMITS
289,442.34
1,669.8
_ .46
924,915
r_ 29 1,54 3 _3_00,8
848.29 _ _9
547667.55 1,621334.49
2008
CITY OF HUTCHINSON
FINANCIAL
REPO
; Ag�,�_
__ -_ -_- _ __2007
_ - 2008
_ 2008
__
2008 2008 - -� - April
_.._ _. __ __
ADO PTED BALANCE PERCENTAGE
-
EXPENSE REPORT - GENERAL
April
April
YEAR TO
YTDj
MONTH
DATE ACTUAL
BUDGET REMAINING USED
49,695 00 29 453 26, 40.73 %�,
001 & CITY COUNCIL
17,881 93 7, 133 28
2 0,241.741
104,0 39 14
12 6 .28T
02
_
- - - -
357,7 1 231 178 72 35.39 %
_ MA Y OR
002 CITY ADMI NISTRATOR
_7,461
_ _3
_714 85 8N
162,09246 59 00142
62,590.90 2 0 692.45
_
_ 19,763 DO 18,868.25 4.53°,5
, 619,645 00 428,099.18 30.91%
205,898 00 _13 8 78 22 35.46 °,6
0.00 %_
_
003 ELECTION
894.75
_ 191 545.82
73 019.78
004 F DE
005 MOTOR VEHICLE
00 ASSESSING
1
1
211,944 00 147 30.25%
007 LEGAL
55, 434.58
21 669.08
64 103.50
___
O06 PLANNING
52,363.71
16,204.23
55,1
160,624.00 105,458.46 34.34%
6 8.4 -
009 INFORMATION SERVICES
10 POLICE DEPARTMENT
75,959.40
852,098.57___
- --
23,562.18
--
83, 747.2 1
969,322
- - --
2 60,187.00
3,084
. ,86 1.0 0
--
1
2,1_
29.89%
_ 31.42%
15 EM MANAGEMENT
7,185.18
2,937.4
10,
8,964.28
52.82%
1_16 S AFET Y COMMITTEE
_
9,02000
4 60
_ 9,200.00
20,370
_ _ _ 11 170 00�
45.16%
120 FI D EPARTMENT
158.43
40 731.48
117,04
46 5,013.00
283 ,768.00
347 971.24
196030.68.
25.17%
30.92 °h
130 PROTEC
83 9.80
25,579.60_
87,737.32
150 ENGINEERING
07 27
472,046 00
1 495,56300
296 166
962 140.4
37.26%
3567%
49 495 78 _ 175 879.61
533 422.52
209 297 72;
152 S &
03 18
1 O6 CITY HAL BUILDING
1 - -
201 PARKlRECREATION A45.55
05.20
I
10 030 2 8, 42 009.78
30 493 921 77,953.90
__
151,06800
214,162 00
,
' 2781%
3
30.10 °.6
i 37 5
_ _
109,058 22
136 208.10
155,219.511
43 93 6 8
202 RECREATION
69.84
19,572.51, 66,850.49
222,070.
203 SENIOR CITIZEN CENT92
63
8 012.91 26,419.32
70,351 00
1 204 CIVIC ARENA
,80 66
21,159.07 133,670.31
308,238 00
174,367.69
--
1 43.43%
205 PARK DEPARTMENT
205,341 34
84 520.79
269,776.79
879, 06
610 .041.2 3 0.66%
69 406 67 34.84 °A
_ 1 977_.11 _ _37.14%
10 554.19 1 32.34°,6
140 1 139.34 25.30 °,6
110331 30 23.7
_ 00_0
57 873 93 T 41.75%
206 RECR BUILDI & POO
1 207 EVEN C
208 EVERGREEN BUILDING
52, 562.49
60,558
r 4,328 ant
10,956.D91
2
771.14
_ _ 47,809.33 137,216 00
_ 90_,3 243,354.00
5,045.811 - - 15,600 00
4 458.66 18 00
34 144,736 00
_ _ _ _
41 475.07 99,349 00
250 LIBRARY
46,467201
2 , 882 .05
1 301 CEMETERY
30,32 733
_
32 411.
10,219.95
_ _
_ 13 ,642.74
3 10 DEBT SER VICES i
320 AIRP ORT �_ - _ T
350 UNALLOCATE GE NERAL EX_PE,
��TOTAL
219,252 33
�3 132,169 43
_ 20,91 3.50,
1,093 930 8
_ _ 138 177.311 734,200 00
3,539.567.99 11 208 ,81800
_ 596,022.69 18.82%
7 669,230 01 _ 31_56%
(o&j7
2008
CITY OF HUTCHINSON FINANCIA REPOR
2007 2006 2008 2008 2008 PRELIMINARY
,April PRELIMINAR
_
REVENUE REPORT - GENERAL
_ _ _ _
ACTUAL April, YEAR TO _ ADOPTED BALA PERC
Year to Date MONTH DATE ACTUAL BUDG ET` REMAINING SED
� 0.00 3,993,000 00 3,9 93 00 0.00% 0.00
0.00
I_ 000
iAXES _
CENSES
_ _ _
33,629.14
_ 585.00 43 671.00 56,300.00 12 629.00 I 77.57 %i
ITS AND FEES
64,1 56.89
32,395.321
—
_ 7 ,622.25 _ 53 901.56 336, OD 282 278.44 16.03%
-- . 40,127_06 2604,74 0 2,564 -- - 1_54%
170,0 59 1 72734 26.23%
r -- - --
INTERGOVERNMENTAL REVENUE 44 914.79
_ ,
J CH� ARLE FOR SERVICES t 42 708 29
!FINES & FORFEITS 14,076
_466,346.66 _1,311
�_ 9981 9,374.08 45 000 00� - 35 625.921 20.83%
'INT SEER TI (3 3,387.74 L
_
-- - - - - --
__220. 4.38 _ 8,25 70, 000 . 00 _1 - 68.93%
43,3 89_33 154 449.12 402,950 00 248,500 38.33%
j REIMBURSEMENTS
87,70 24
!TRANSFERS
28_9,
1 ,669.67
__ 0.00
924,915.46
_
_ 2_91,54 _ 300,61 1 , 911 .573.00 _1_, 1
_ 848 .29 _ 909.29 1 90.71 _ _0.00%
_ _0.00 0.001 10,000.00 _ 10,000.00 0.0 0_%
_ 547,667.55 1 1 021, 334.49 11, 208,818.00 10, 187,483. 51 9.11%
SURCHARGE -BLDG
iFUNDBALAN_
TOTAL
PERMITS
2008
- - - -- - - --
O
� � - il
_ _ _
- - - -- - 2008 2008 April
2Ap 008
_ _
— -- --
: April___
EXPENSE _ REPORT -G ENERA
lfi
A p
YE AR TO AD
_ _ _ A BALANCEPERCENTAGE
�
MONTH DATE ACTUAL BUDGET' REMA INING USED
SUMMARIZED
_ _
- YTDI
2,111 _505.00
�
1
Y
31
( General Govt
57
196,648.81!,
657,330.40
Public Safety
1 D47, 301 98
389 ,983.01
1
3 873, 01200
_ _ _
2_,6_79 675. 30.8
,Streets Al
_
_
_ 56 8 , 510.4 5
693,170.
_258,793.50
213,949.28
709 30
_ 799 966.20
1
2 423,14 00
833,549.00
_
1,_258 306. 8_7 36.05%
1,623 176_80 33.01%
653,896.62 27.55 °h
- --
Parks & Recreation
_ _
Miscellaneous
251,663.75
34,556.
179 652.38
TOTAL
_ 3 ,132,1 69 43
1.093
3
11,208,818.00
7,669,230.01 ! 31.58%
4
L
•
4 L�j7
22- May -08
• Interest
Institution Description Rate
CITY OF HUTCHINSON
CERTIFICATES OF DEPOSIT
April 30, 2008
Date Date
Of Of
Smith Barney
FNMA med
5.53%
Smith Barney
FFCB C
5.00%
Smith Barney
FHLB C
4.500%
Smith Barney
FHLB C
4.750%
Smith Barney
FHLM -C
5.000%
Smith Barney
FHLM -C
5.000%
Edward Jones
FHLB
3.50%
Wachovia
FHLB
4.25%
Wachovia
FHLB
5.00%
Wachovia
FHLB
4.000%
Wachovia
FHLB
4.000%
• Wachovia
FHLB step
5.000%
Wachovia
FHMA
5.000%
Wachovia
FHLB = step ul
5.000%
Wachovia
FHLB = step ui
6.000%
First Minnesota
Certificate ofDepoeR
3.250%
MidCountry
Certificate of Deposit
3.050%
Mid Minnesota
Certificate of Deposit
5.100%
First Minnesota
Certificate ofDepmk
4.950%
•
9/24/2007
step up
4/18/2008
4/28/2005
1/30/2008
11 1712 0 0 7
12/12/2007
3/26/2008
3/3/2008
12/12/2007
3/27/2008
4/1012008
11/26/2007
step up
12/19/07
11/29107
06/29/07
step up
03/14/08
03/24/08
10/26/07
10/31/07
Maturib
9/2512014
4/2312018
10128/2008
1/30/2015
11/21/2012
1 211 2/2 01 4
3/26/2012
3/3/2015
12/12/2017
03/27/15
4/1612018
11/26/2014
12/19/17
11/15/17
06/27/14
03/13/09
03/26/09
11/13/08
01/15/09
300,000.00
750,000.00
365,000.00
300,000.00
500,000.00
500,000.00
300,000.00
300,000.00
400,000.00
200,000.00
625,000.00
200,000.00
300,000.00
500,000.00
400,000.00
750,000.00
500,000.00
500,000.00
$7,990,000.00
RESOLUTION NO. 13412
CITY OF HUTCHINSON
• RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
19,800 lbs Colorant.
Bio Bags
515,756
522,080
Mulch coloring
Resource Recovery
Creekside
Refuse
Yes
Yes
Colorbiotics
Poly America LP
The following items were authorized due to an emergency need:
r1
W ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
7,500 gal Biodiesel
26,475
MnDot, County & City
HATS
YES
Cenex
vehicle use
8,501 gal Unleaded gas
29,456
MnDot, County & City
HATS
YES
Schmeling Oil
vehicle use
Date Approved: May 23, 2008
Motion Made By:
Resolution submitted for Council action
by:
B onded By: _
Kenneth B. Merrill
Finance Director
G(b) t
Ills-0 la ".X
• PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE
SALE OF MUNICIPALLY OWNED REAL PROPERTY
THE CITY OF HUTCHINSON ORDAINS:
Section 1. That the municipally owned real property legally described as follows:
Lot 15 of Block 7 and the South 40' of Lot 16, Village of Dassel
for good and valuable consideration in the amount of $100,000.00, is hereby sold and conveyed
to Shane M. Colberg together with all hereditaments and appurtenances belonging thereto.
Section 2. The City hereby waives any time period of notice and right of first refusal it
may have under its lease agreement with Hutchinson Health Care.
Section 3. The City Administrator, Gary D. Plotz, or his designee is authorized to sign
any and all documents on behalf of the City to effectuate the closing of this transaction.
Section 4. This ordinance shall take effect upon its adoption and publication.
• Adopted by the City Council this 27"' day of May, 2008.
Steven W. Cook
Mayor
ATTEST:
Gary D. Plotz
City Administrator
is
L(b)a'
ORDINANCE NO. 08 -0503 - AN ORDINANCE AMENDING LANGUAGE
• IN THE HUTCHINSON HEALTH CARE BYLAWS CONCERNING MEMBERS
APPOINTED BY THE CITY
SECTION 4.2 Executive Committee There shall be an Executive Committee
consisting of the Chair, Vice Chair, Secretary, an j Treasurer, °�� a aTt Rrovided that if
one of those members are an ADOOinted Director, then the committee shall consist of the
foregoing plus one Appointed Director of this )
eer-O- .ati°Q a000inted to the
committee by the Board. who The President shall be veiing fnefnb°_ °F also serve on the
Executive Committee, and t he Pfesident whe shall se ° as an ex officio nonvoting member.
The Chair of this corporation shall be the chair of the Executive Committee. The Executive
Committee shall have the authority of the Board of Directors in the management of the
business of this corporation in the interval between meetings of the Board of Directors,
provided, however, that the Executive Committee shall not have authority to act on any
matter described in Section 2.7 of these Bylaws or matters listed in Section 4.3 below, except
as specifically provided in Section 4.3(e) and Section 2.7(0). The presence of all the
members of the Executive Committee shall constitute a quorum at any meeting thereof, but
the committee members present at any meeting, although less than a quorum, may adjourn
the meeting from time to time.
• SECTION 4.4 Audit/Compliance Committee There shall be an
Audit/Compliance Committee consisting of four members ] 'the Treasurer on co ffi,_ ini;
Direeter, i.5 an Appointed Director then the remaining members shall consist of two
Community Directors and one other individual, who need not be a director of this
corporation, with expertise in the areas of finance or consumer advocacy. If the Treasurer is
a Community Director, then the remaining members shall consist of one other Community
Director. an Appointed Director, and one other individual, who need not be a director of this
corporation, with expertise in the areas of finance or consumer advocacy. The Treasurer of
this corporation shall be the chair of the Audit Committee. The Audit/Compliance
Committee shall (a) review this corporation's financial matters and report on them to the
Board of Directors, (b) recommend independent auditors for approval by the Board of
Directors, and (c) review this corporation's compliance program, including matters relating
to charity care, discounts and collections and report on the program to the Board of
Directors.
Adopted by the City Council this 27 day of May, 2008.
Steven W. Cook, Mayor
Attest:
• Gary D. Plotz, City Administrator
(S -��
0
C
':? E _ a 3.
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of Ordinance to Exempt Trunk Highway 15 Roundabout Project
from City Noise Ordinance
DATE: May 27, 2008
Similar to the TH 7/15 Reconstruction project, City staff proposes that the Noise Ordinance be suspended
relative to Mn/DOT's TH 15 Roundabout project. Exempting this project from the working hour restrictions,
would hopefully result in an earlier substantial completion date and return of traffic at the TH 15 and North
High Drive (CR 12) intersection.
• We recommend approving the attached Ordinance exempting the TH 15 Roundabout project from the
City Noise Ordinance.
cc: Gary Matz— City Administrator
r1
U
6 (6)y
ORDINANCE NO. 08 -0504
• AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY
ORDINANCE 92.18 PERTAINING TO HOURS OF CONSTRUCTION DURING THE
TH 15 ROUNDABOUT PROJECT
Findings of the City Council:
That on or about June 1, 2008, Letting No. 1 /Project No. 08 -01, will commence
improvement on Trunk Highway 15 North and North High Drive in the City of Hutchinson.
In order to have the project completed in a timely manner and to eliminate delays and
additional expenses for the City of Hutchinson and the State of Minnesota, as well as for the
public good, governmental entities and their contractors and subcontractors may need to work
longer hours than permitted in Hutchinson City Code §92.18 V2(c) which permits construction
activities only between the hours of 7:00 am and 10:00 pm on any weekday or between the
hours of 9:00 am and 9:00 pm on any weekend or holiday.
Therefore, the Council of the City of Hutchinson does hereby ordain that Hutchinson City
Code §92.18 shall not be enforced on Letting No. 1 /Project No. 06 -01 until that project is
certified as complete by the City Engineer.
Adopted by the City Council this 10th day of June, 2008
• Attest:
Gary D Plotz, City Administrator Steven W Cook, Mayor
4%)4
MEMORANDUM
• DATE: May 21, 2008 for the May 27, 2008 City Council meeting
TO: Hutchinson City Council
FROM: Rebecca Bowers, AICP, Planning Director
SUBJECT: LOT SPLIT LOCATED AT 545/555 NORTHWOODS AVE. N.E. TO ALLOW
SEPARATE OWNERSHIP OF TWO EXISTING WALNUT RIDGE
TOWNHOUSES REQUESTED BY BRUCE NAUSTDAL
Background:
The applicant is requesting a lot split for an existing rental duplex to allow separate ownership
of each unit. The subject property is located in the Walnut Ridge Townhouse plat, which was
platted in 1994. The duplex was constructed in 2002 as rental property. The lots would meet lot
area, dimensions, lot coverage, and setback requirements. Additional details are included in
the attached staff report to the Planning Commission.
Planning Commission Meeting:
The Planning Commission considered the lot split request on the consent agenda at their May
20, 2008, meeting. Staff provided a revised resolution to the Commission that removed the
condition regarding an easement for electrical services that is unnecessary. The attached
resolution reflects the change.
Recommendation:
The Planning Commission unanimously recommended approval of the lot split with the findings
and conditions in the attached resolution.
•
L-Otc)t
RESOLUTION NO. 13402
RESOLUTION APPROVING A LOT SPLIT LOCATED AT
• 545/555 NORTHWOODS AVE. N.E. (LOT 3, BLK 1), TO ALLOW SEPARATE
OWNERSHIP OF TWO EXISTING WALNUT RIDGE TOWNHOUSES
Whereas, Sorensen and Naustdal Properties, property owner, has requested approval of a lot split
to allow separate ownership of two existing Walnut Ridge Townhouses with the following legal
description:
Easterly Parcel: The East 67.00 feet of Lot 3, Block 1, Walnut Ridge Townshouses, according
to the recorded plat thereof.
Westerly Parcel: Lot 3, Block 1, except the East 67.00 feet of said Lot 3, Walnut Ridge
Townhouses, according to the recorded plat thereof.
Whereas, the Planning Commission met on May 20, 2008, to review the request and considered
the requirements of the Zoning Ordinance and effects of the proposal 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 consistency with the
Comprehensive Plan, and hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission
and hereby does recommend approval of the lot split, subject to the following findings and
conditions:
• 1. The proposed lot split would meet the standards of the R -2 zoning district.
2. Separate utility services, shutoffs, and meters must be provided for each unit and shall
be paid for by the property owner.
3. Maximum surface lot coverage allowed is 50 %.
4. The lot split must be recorded at McLeod County Recorder's Office within one year
of approval by the City.
Adopted by the City Council this 27`' day of May, 2008.
ATTEST:
Gary D. Plotz
City Administrator
r� L
Steven W. Cook
Mayor
CT S SPORT - PLANNING DEPARTMENT
me ,+'.,F, 0,0 'oe, ;M .
11
To, Hut chiinson Plannin Commission
From. Brad Emans, Doff Moon, have Hunstad, Brandon Olson, Miles Seppelt, Lee
Millff, Jean Ward, Jud Flenmk John Webster, John Olson, Lenn
Rutled K Dimler, Kent Exner, John Paulson, Mark Scbnobrich, Marc
Sebora, Gar Plotz, Ken Mem'11, Jim Popp, Dan Hat ten, Dick Nagy, Rebecca
BoNvers and Bonnie Baumetz ( Persons Mn attendance at Plannin Staff
Meetin ( in. bold
Date: Ma 12, 2008,. for Ma 20, 2008, Plannin Conimission Meetin
Appikation: LOT SPLIT LOCATED Al 545/555 NORT OODS AVE N. E. ( LOT 3
BLKI), TO ALLOW SEPARATE OWNERSHIP OF T*WO ENUSTLNG
WALNUT RIDGE TONN"HOUSES
Applicant: Bruce iNausidal, Sorensen Naustdal Properties, propert o'vs'ner
LOT SPLIT
The applicant is re tin g a lot split for an existin rergal duplex to allow separate o'%%rnerslip of each
unit The subject propert is located the Walnut Rid Townhouse plat, which was platted in 1994. The
duplex was constructed in 2.002 as rental propert The lots would meet lot area, dimensions, lot
covera and setback re The maximum lot covm for two-famil h is 50%.
Lot covera is approximatel 30% on the westerl parccl and 27% on. the easterl parcel, which
complies with re The followin map identifies the property:
Planning Commission - May 20, 2008
Lot Split - 545/555 Norlhwoods Ave. N.E.
Sorensen Naustdal Properties
Page 2
GENERAL INFORMATION
•
0
Existing Zoning: R -213 (Medium Density Residential) platted after 1987
Property Location: 5451555 Northwoods Ave. N.E.
Lot Size: Easterly Lot - 67' X 129.8' ( 8,652 sq. ft.)
Westerly Lot - 59.67' X 129.8' (7,749 sq. ft)
Existing Land Use: Two - family Residential
Adjacent Land Use
And Zoning: R -2B Residential
Comprehensive
Land Use Plan: Traditional Residential Neighborhood
Zoning History: The property was originally included in the Walnut Ridge Estates plat approved
in 1993. The 3 lot Walnut Ridge Townhouse plat was platted in 1994. The 3 lots
were proposed for townhouses.
Applicable Regulations: Sections 154.057 and 153.05, City Code
Analysis and
Recommendation:
The proposed lot split would meet the requirements of the Zoning Ordinance, therefore staff recommends
approval with the following recommended findings and conditions:
1. The proposed lot split would meet the standards of the R -2 zoning district
2. Separate utility services, shutoffs, and meters must be provided for each unit and shall be paid
for by the property owner.
3. The electrical service for the easterly unit runs across the proposed westerly lot. A private
easement is recommended or the service must be relocated along existing easements at the
property owner's expense.
4. Maximum surface lot coverage allowed is 50 %.
5. The lot split must be recorded at McLeod County Recorder's Office within one year of
approval by the City.
•
Cc: Bruce Naustdal, 1175 Dale St. S.W.
LC (C-)�
b
r\
V
�
LDING PERMIT SURVEY FOR BRUCEZAUSTDAL
3, BLOCK I, WALNUT RIDGE TOWNHOUSES
7is tea 7" EASTERLY PARCEL
74,
m
m
N
w
"j $
>7,1
�+ S90 126.67 3°
59.67 r 7x2 67.00
I -
` w ...c7 r.e.e I
I � fERCY EASTERLY
TRCEL PARCEL
le m
t I v
(79.0) ¢ { ( t (79.0)
7{�1 • ee 2a 7U W
I{ te,Mpt te • t{ •_
PROPOSED PROPOSED I 8
HOUSE
HOUSE -� 8
I �
• le I
Garage I Garage
ee ee .
(79.0)
xss
(7") ^ a 1 I
SLOJ —:4 _
1 I I.GB
nee n.ee
PR M _
NORTHWOODS AVENUE NE
The East 67.00 feet of Lot 3, Black I.
WALNUT RIDGE TOWNHOUSES, according to
the recorded plat thereof.
>L>b
tv0 Area 8652 Square Feet
D ,D O 15 30 50
w
z scale In feet
WESTERLY PARCEL
Lot 3. Block I, except the East 67.00 feet
Q of said Lot 3, WALNUT RIDGE PROPOSED TOP OF FOUNDATION n 1079.5
Mrs 0 TOWNHOUSES, according the recorded plat
thereof. PROPOSED GARAGE FLOOR • 1079.2
1— Area • T749 Square Feet PROPOSED BASEMEHrt FLOOR •1071.8
w
� a 33
U • Denotes Iron panium not found
O Denotes ran menletmt net
J 'C �
Devotee nslstkq eletaeon
( ) Denotes proposed Wo km
/�', •f M41 �' n.a
MCI
HUTCHINSON MN
B
Paint spot an op of curb south
of center of Proposed Haven.
EMwNon • 1076.93
(Preeeevy Pict patio)
I hereby Certlf7 that Ibis survey. Plan or
Report rot prepared by M or under my direct
eepervlslan and that 1 on, a duly licensed
Land surveyor under the laws of the stare of
Minnesota. A
—
Je/fA4 R Rasech she
Data: LIc. Ne.�.✓/
B K P - PG 75
MEMORANDUM
DATE: May 21, 2008 for the May 27, 2008 City Council meeting
TO: Hutchinson City Council
FROM: Rebecca Bowers, AICP, Planning Director
SUBJECT: PRELIMINARY PLAT OF ENERGY PARK FOR DEVELOPMENT FOR AN
INDUSTRIAL PARK
Background:
The Hutchinson EDA is proposing a 14 lot preliminary plat for the new Industrial Park on the
78 -acre former Stritesky property. The proposed lot arrangement identifies a variety of lot sizes
ranging from 2.1 to 10 acres. Stormwater ponds and linear drainage swales are proposed
within the plat. Right of way for a future roundabout is proposed for the intersection of Energy
Park Drive and the future east/west 10"' Avenue at the southern end of the site. Final platting
of the site would likely be staged, depending upon the timing of the infrastructure improvements
and prospective buyers. Refer to the attached Planning Commission report and plans for
additional information.
Planning Commission Meetina:
The Planning Commission held a public hearing and considered the request at their May 20,
2008, meeting. There was no one from the public who spoke on the request, other than the
applicant. The applicant's Engineer, John Rodeberg, with SEH, presented revised plans
addressing changes recommended by staff including: 1) addressing the shared driveways, 2)
the location of the pond adjacent to the proposed roundabout, and 3) revising outlot A to be
additional right of way adjacent to the roundabout. The revised plans are attached. Staff noted
that the condition regarding Outlot A in the draft resolution can be removed as it has been
addressed. Mr. Rodeberg outlined the stormwater, grading and utility plans, and discussed
various options for construction of the trail along Energy Park Drive. Also discussed was the
staging of the development into phases and construction of the infrastructure.
Recommendation:
The Planning Commission unanimously recommended approval of the preliminary plat with the
findings and conditions in the attached resolution.
0
(C(C-)),
RESOLUTION NO. 13403
RESOLUTION APPROVING A PRELIMINARY PLAT OF ENERGY PARK
SUBMITTED BY HUTCHINSON ECONO11IIC DEVELOPMENT AUTHORITY
Whereas Hutchinson Economic Development Authority has submitted a 14 lot preliminary plat of Energy
Park with the following legal description:
Legal Description:
The East Half of the Southwest Quarter, Section 5 Township 116 North, Range 29 West, also known as
Lot 37 of Auditor's Plat of the West Half of said Section 5,
Except all that part of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of Section
5, Township 116 North, Range 29 West of the 5 1h Principal Meridian lying South of the right of way of
the Great Northern Railway Company and easterly of a line parallel with the distant 30 feet Westerly
from the center line of the Westerly leg of the wye and tail tract of the Great Northern Railway Company
as now located and established, said center line being described as follows: beginning at a point in the
center line of the main tracks to the Railway of the Great Northern Railway Company as now located and
constructed distant 501.4 feet Westerly measured along said center line, from the North and South
Quarter line of said Section 5; thence Southeasterly along a 7 degree 30' curve to the right through an
angle of 7 degrees 30' a distance of 100 feet to a point; thence Southeasterly along a 12 degree 30' curve
to the right through an angle of 78 degrees 45' a distance of 630 feet to a point; thence Southeasterly
along a 3 degree 45' curve to the right through an angle of 3 degrees 45' a distance of 100 feet to a point,
thence Southerly tangent to said 3 degree 45' curve a distance of 145 feet more or less to the south line of
said Northeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 5, and excepting
right of way of Great Northern Railway Company
Whereas, the Planning Commission held a public hearing and considered the preliminary plat request on
May 20, 2008, and considered the requirements of the Zoning Ordinance and effects of the proposal 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 consistency with the
Comprehensive Plan, and hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and
hereby does recommend approval of the preliminary plat, subject to the following findings and
conditions:
1. The stormwater pond proposed for Block 1, Lot 6 shall be moved south of the identified
location to allow a shared driveway at the northerly boundary of this lot. The location shall
be approved by the City Engineer.
2. Shared driveways along side lot lines are required for all lots, unless a specific exception is
approved by the City Engineer. Particular attention for placement of the shared driveway
must be taken for lots 5 and 6 on Block 1, due to the roundabout. The driveway shall be
located on the shared lot line between lots 5 and 6 on Block 1.
3. Final approval of the grading and utility plans is subject to review and approval by the City
Engineer.
4. Future development of each lot will require final plat and site plan approval, as required by
the Zoning Ordinance.
5. Fees for future development will be determined by the subdivision ordinance and the current
• City's fee schedule in effect at the time of building permit application. Engineering fees and
la (C) -)-
Resolution 13403
Preliminary Plat
Energy Park
City Council — May 27, 2008
. sewer and water access fees will be based upon the site work necessary for the site and the
specifics of the proposed use of the building to be constructed on the site. All required fees
shall be paid prior to issuance of a building permit and prior to any construction on the site.
Adopted by the City Council this 27" day of May, 2008.
ATTEST:
Gary D. Plotz Steven W. Cook
City Administrator Mayor
i s
\J
( (Oa-
J-P 0 - 4 , dw -'
ACTS S PORT - PLANNING DEPARTMENT
To: Hutchinson Plannin Commission
From: Brad Ernans, Doff Moon, Dave Hunstad, ran ion Olson, Mies Seppelt, Lee
Miller, Jean W. Jud Flenunin John Webster, John Olson, Lenn
Rutled K Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc
Seboral, Gar Plotz, Ken Mern'll, Jim Popp, Dan Hatter, Dick, Na Rebecca
Bowers and Bonnie Baumetz (Persons in attendance at Plannin Staff
Meetin In bold)
Date: Ma 7, 2008, for Ma 20,2008, Plannin Commission Meetin
Application: PRELIMINARY PLAT OF ENERGY PARK FOR DEVELOPMENT OF
AN M"DUSTRIAL PARK
Applicant: Hulchinson EDA (Economic Development Authon*t
WE N
Preliminar Plat
The Hutchinson EDA is P roposin g a 14 lot preliminar plat for the new Indust6al Park on the 78-acre
propert I'dentified on the map below (fon-ner Stritesk propert The proposed lot arran
identifies a variet of lot sizes ran from 2.1 lo 10 acres. Stormwater ponds and. linear draina
swales are proposed within the plat. Ri of wa for a ffiture roundabout is proposed for the
intersection of En er Park- Dn've and the future east/west I O'h Avenue at the uthem end. of the site
(refer to attached plans). Fhial plattin of the site would likel be sta g ed, dependin upon the timin Of
the infrastructure improveniciits and interest of prospective bu
0 -
Planning Commission —May 20, 2008
Preliminary Plat— Energy Park
Hutchinson EDA
Page 2
•
•
GENERAL INFORMATION
Existing Zoning: I -1 (Light Industrial Park District)
Property Location: Stritesky property
Lot Size:
Existing Land Use:
Adjacent Land Use
And Zoning:
Comprehensive
Land Use Plan:
16.8 Acres
Agricultural
Agricultural and Industrial to the north
Industrial
Zoning History: The property was annexed into the City in 2004. Rezoning from R -1
(Single Family Residential) to I -1 (Light Industrial Park District) was
approved in January 2008.
Applicable Regulations: Section 153 City Code
Transportation: Energy Park Drive from the north via 5 t° Ave. S.E
Analysis and Recommendation:
Preliminary Plat
The preliminary plat proposes 14 lots of varying sizes from 2 acres to 10 acres. The proposed lot
sizes would exceed the minimum lot area requirement of one acre for the I -1 district. The lots
would also comply with the dimensional requirements of 200' lot width and 250' lot depth.
The proposed north/south street would be Energy Park Drive, which would intersect with the
southern edge of the plat runnin East and West (l0 Ave S.E.). There is a.2- acre outlot
identified south of the proposed roundabout that results from the curved intersection of the two
streets and roundabout. Staff is recommending that the outlot be eliminated and shown as right
of way to avoid creation of a remnant parcel and allow additional public right of way in this area.
This recommended revision is included in the draft conditions.
Streets:
Energy Park Drive would be the new north/south street that would intersect with a new cast/west
street on the southern edge of the plat (10` Ave S.E.). Staff discussed the turning and sight lines
created by the angle of this road and recommended allowing enough right of way for a round-
about at that intersection. There would be no on street parking on Energy Park Drive.
Grading, Stormwater, and Utilities:
The attached grading plan identifies two stormwater ponds and a linear drainage way along
• Energy Park Drive. Drainage and utility easement are identified for construction of the
stormwater system. The stormwater system would provide storage and treatment capacity for
cdc) -a-
Planning Commission — May 20, 2008
Preliminary Plat — Energy Park
Hutchinson EDA
Page 3
• general development of the industrial park, however individual sites would be reviewed for
coverage and drainage as part of the site plan approval process. Depending upon the coverage
and drainage characteristics of each lot, additional pending may also be required. Water and
sanitary sewer services for the industrial park would be constructed under Energy Park Drive and
be constructed north from the main lines. Easements or right of way along the property lines
would be obtained from the property owners to the south.
At the planning staff meeting, staff supported the proposed preliminary plat with discussion on
several items. Staff discussed the location of proposed trail in relation to roundabout and the best
crossing for safety. The construction of the trail will depend upon the funding available for
financing the improvements. Shared driveways will be required along side lots lines to allow the
linear stormwater system to function and to minimize the number of driveways and traffic
conflicts. Forestry staff recommended staging the planting of boulevard trees to result in a
variety of ages of trees. Staff noted that tree plantings on each lot will also be required as part of
the site plan review as required by the Zoning Ordinance.
The staff recommends approval of the preliminary plat with the following recommendations:
1.
The stormwater pond proposed for Block 1, Lot 6 shall be moved south of the
identified location to allow a shared driveway at the northerly boundary of this lot.
The location shall be approved by the City Engineer.
2.
Shared driveways along side lot lines are required for all lots, unless a specific
exception is approved by the City Engineer. Particular attention for placement of the
•
shared driveway must be taken for lots 5 and 6 on Block 1, due to the roundabout.
The driveway shall be located on the shared lot line between lots 5 and 6 on Block 1.
3.
The .2- acre outlet south of the proposed roundabout shall be eliminated and platted
as right of way.
4.
Final approval of the grading and utility plans is subject to review and approval by
the City Engineer.
5.
Future development of each lot will require final plat and site plan approval, as
required by the Zoning Ordinance.
6.
Fees for future development will be determined by the subdivision ordinance and the
current City's fee schedule in effect at the time of building permit application.
Engineering fees and sewer and water access fees will be based upon the site work
necessary for the site and the specifics of the proposed use of the building to be
constructed on the site. All required fees shall be paid prior to issuance of a building
permit and prior to any construction on the site.
Cc: Miles Seppelt, Hutchinson EDA
•
(0(0 L-
ft�,SO
R
M /Af 2 i! mo
ENERGY PARK
PRELIMINARY PLAT
of F. Z. 8L B
w[•
octal rmY
�r1¢� x wr.mt.
wm,. mi [x1
iM[M
T. Lrtwy M .R1f
Fl.wtvY. X1r.vm4
IY.Itlrin. v. ]]]]p
rryv. ]16 M1. SI]I
r.V! A[]li iili
r.n ]!0 []., .tb
lrNlb
[...trq IlK 1y.\ Ir.Mtrl.l r•nY
CY40N.
[I.r o1 I..fc rrn.on
I11 w.wn Sf Y
Y , LGi.
77. ft b..
N..cAl.ne.. r. N]]O
Wrq p/rLn
Crtl M W.plwma Fl�.e \.
r.n J!O [Jl .[b
S[W(L IIOe..t.
C� M W1cxFnv. M1r.vmf.
IEC1 csL9ITID•
W 4.1 wo er W tr .. 'II,, N scam S l..ndup na
Lwe Rmurz.
bM, hp• n W.t, .l.n Ywn m Let n eI htllts'. rl.t W
rul IV<IC IR.
L.p1 rw4 rin W IoM !t a
W Ywf wlr ✓ Yr srtere. ].
IIMCMSILWL
Wt y t . 1�ntw a
er ortnr �¢n�hl •ibq
60L1..106 10
1�[fw W }r.r
r.. M ]. Ila
11INWRI11 IISRIcI.
W ]M M1r¢rp.r ...n rlp SwM a1 W
nrpFt -el-nY aI W Gnt bM.�r 41Iw1 ruY^I •^G m wr eI
ICI T
• II.. R.[.I I• rM w Yn.ne >D I.rt wl.wl� r.d, y,.
r11KII 1[Y IUILIIx6
ItrM mY - It
r W w. W �..rre t• I„ tar W
Ll
In.w rs Lef m - q I
Gnt born hl IwY [arpr.r a .tN W tyl r.lr.l.
Isl
M [eXp I t
mltl c•wtwl Iry W 1p Y.v IMe n Ionp
pplmlrq .t . mint In nfnl In o[ W . rn tr.[t er W
.CQ[.�I uILnW
-
S -1-1 Ib n
hlln W w.; IbWnn m ra I¢.t.tl ur1
I lP I. Lrn - i It
r nn�
tK a ]OI. rn n.f le
rn W b rd tr.n a.Y vM .1u.0.tl Ktlsr
..� IMr p
M
Sr tivrre • ] YPn n e W
¢• Y.fm[.
IITI.G CF LRIKYI.I
n �ix. .I.- pglr ugrr YPn. L nl W Im
0 rYa I.G M!M
SF�f m11 iD It
Inncr ..r..lv.nwl� Ivetn.'t.Y�.M nlMr
Inf 1w L Lrn 0
m
c.i.. W .l y.. iwwq. ..r I• ]. YP.r. S n •
wtlwcr
..v [mlrp bYrY A It
errturcr M aA wtiv........ . ]
Y P.r b n e W tFay. .n vp 1. 1 J p...
�tll•h¢.
.1.V. K]IL.I.O
.] n e1 IM •..t m ..
I .au.M IY
K1011r
M1Irc1p1 JbunV. tl IL
III •rtl ] e.Pn 1] n rvt [vv.P. M 141 IYt
o W wM I rr e1 mra Yro 11tH o W
.L<r..sy Str.tV1 [] IL
S 1 S
Ni W..t P14[ W W drow[t O
01..[ I Srt \rur ]. W
MIMIMM LOr .4Y
11 R[Q p •l
..[rotrp rr[M -.I �.•Y e GYt .4.Nm hl Im) [up.rrY.
MIMIMU L➢1 YIIT•
!➢O It
I.II.1" LM KIM
m It.
Ke—viS2 CL rkcL✓\
• • RFa- d�
J9'. X0gm
CRY 01 11
a ENERGY PARK
PRELIMINARYPLAT
/ - -- - -- II
g i
9 S
�
Iii I" 912
if s ry I � .. � 'y �. ,;� � .. �; - -- -� �' � `t{� ✓,
Y # 41 , EE
"dt I' � - - -�� -- s
--- -o.... � '"'Y7`
J I i
a I " I a • s.o .v �
Z.
SEH
• •
ENERGY
PARK
I
sE _
m
c�
n � n.ymuii +�w
K,e� t sad F'lu.nelrc�ea;���
Ctty of H ld*
tai -
z
—CENEX vJ
ro
t
L�
I'
L p r �
HUTCH IRG�N
& M� fAC
n � n.ymuii +�w
K,e� t sad F'lu.nelrc�ea;���
Ctty of H ld*
tai -
z
—CENEX vJ
ro
L�
I'
HUTCH IRG�N
& M� fAC
�i
�mae
8
ENERGY PARK.
LANDSCAPING PLAN
wn
NDTCHINGDN W
B
. may
r I L
0
0
m
AC�
0
Rev �d RENIV:-j
LZ
ENERGY PARK. GRADING PLAN
SEH HUTCHINSON MN T wn
- _� � _ _ ,-� . -= -`-������
=•.��� - /
:r � .rat,,: �_� �. — 11 i �
0
m
AC�
0
Rev �d RENIV:-j
LZ
ENERGY PARK. GRADING PLAN
SEH HUTCHINSON MN T wn
�evcse_b 4� \6-r.
i m
G - I •reeve e+
— t
o ae°e, u
ENERGY PAN[. GRADING PLAN ,mw
HUTCHINSON W rn
�l
ENERGY
PARK
e NER
KADELBACH SC-
rri
Z
m
U)
o
0 �
ENERGY PARK. LANDSCAPING PLAN
HUTCMINSOM MN
iEH"'
p ict
3m
W Ut 'am
H
�l
ENERGY
PARK
e NER
KADELBACH SC-
rri
Z
m
U)
o
0 �
ENERGY PARK. LANDSCAPING PLAN
HUTCMINSOM MN
iEH"'
kp—. O ecl PI4�
ENER
TERMAIN
G
1
LEGE
mrDmco la I.a rc ewlr•
VNi0AEO 11 1.
nITM[0 M�Mr Yq GR v
M.SOYO MpRWI 4O GR Y
[li[.i _ O PI R IS %Mry `y up
Kum n. _ un.vrlK :I �ri+. l � uHi - ENERGY PARK. rmM B
_ uslxly �� ry ,_ UTILITY PLAN
wane n._ �m��.. •.__ �`w`nvm CGLI • n i [- n HUTCH INSON W un
•
CONNECT WATERMAIW TO EXISTING
EXISTING TO BE INSTALLED BY OTHERS
MH - I
._
L CON N ECT SANITARY SEWER TO EXISTING
EXISTING: TO BE INSTALLED BY OTHERS
�i - secl.
i
12' PVC WATERMAIN ITYP)
I �
I
MH -4 MH-5 .
M ENERGY
PARK
12" PVC SANITARY SEVER
I ADAMS STREET TO W -7)
MH tt
INVERT
RIM
W tt
INVERT
RIM
MH tt
I INVERT
I RIM
MH -I
1034.2B
1050.8
W -9
1040.95
1064.3
W -17
1046.22
1055.5
W - 2
1074.69
1054.7
W- 101041.61
1062.5
W -18
1046.88
1056.3
MH -3
1035.91
1064.8
W 111042.27
1061.4
W -19
1047.54
1057.3
W -4
1037.17
1072.2
W 121042.93
1060.4
W - 20
1048.20
1058.7
W -5
1038.35
1074.2
W- 131043.59
1059.2
W -21
1044.93
1068.0
W-6
1039.01
1071.7
W- 141044.25
1058.1
W - 22
1045.56
1066.3
W -7
1039.67
1068.3
W- 151044.91
1057.0
W -23
1046.78
1064.0
W -8
1040.33
1066.9
1 W- 161045.56
1055.9
MH -24
1048.00
1062.0
LEGEND
re o .o wcH PK EwHwr SE.E•
ID IE INN •K uYEN1.IN •�
vNO.mEO nranwr .,o CE1E MN M"
�PoCO NvMU,I 11p 0•rC vLLK W�+-4
� A .
10' PVC SANITARY SEWER
IMH -7 TO W -20)
-I
Fri
m
-H
m
10' PVC SANITARY SEWER
(MH-7 TO W -24)
END WATERMAIN J LEND SANITARY SEWER
�.[., _ O w.
_ mwwa':'�� ��^ ^�i� ii.�ro`..`.", uwi ENERGY PARK, UTILITY PLAN scene 6
, iur n>•w a n,�
,•r,wE.. N�.,� =nir�U rt u� � '" E NUTCNIMSON W wn
."'1 � rm,r•� a w..E .Farm rur•.. u E.�nr N/EVW
L�
MEMORANDUM
• DATE: May 21, 2008 for the May 27, 2008 City Council meeting
TO: Hutchinson City Council
FROM: Rebecca Bowers, AICP, Planning Director
SUBJECT: CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 1200 SQ.
FT. ACCESSORY BUILDING IN THE R -1 DISTRICT AT 1398 SOUTH
GRADE RD. S.W. REQUESTED BY OAK HEIGHTS COVENANT CHURCH
Background:
Oak Heights Covenant Church is requesting a conditional use permit for construction of a
1,200 sq. ft. accessory building in the R1 (Single Family Residential District). Churches in
Residential Districts and accessory buildings over 1,000 sq. ft. require a CUP. The 30' X
40' (1,200 sq. ft.) building is proposed to be constructed south of the existing parking lot and
would be used for storage and a workshop. Additional information is included in the
attached staff report to the Planning Commission.
Planning Commission Meeting:
• The Planning Commission held a public hearing and considered the request at their May 20,
2008, meeting. There was no one from the public who spoke on the request. After briefly
discussing the request, the Commission unanimously recommended approval.
Recommendation:
The Planning Commission unanimously recommended approval of the conditional use permit
with the findings and conditions in the attached resolution.
•
U Lc)3
RESOLUTION NO. 13404
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A
• 1,200 SQ. FT. ACCESSORY BUILDING IN THE R -1 (SINGLE FAMILY DISTRICT) AT
OAK HEIGHTS COVENANT CHURCH, 1398 SOUTH GRADE ROAD S.W.
Whereas, Oak Heights Covenant Church, property owner, has requested approval of a
conditional use permit for construction of a 1200 sq. ft. accessory building in the R -1 (Single
Family District) at 1398 South Grade Rd. S.W. with the following legal description:
Legal Description:
That part of the Northwest Quarter of the Northwest Quarter of Section 12 in Township 116
North of Range 30 West described as follows, to wit:
Beginning at the northwest comer of said Northwest Quarter; thence easterly, along the north
line of said Northwest Quarter 422.00 feet; thence southerly, parallel with the west line of said
Northwest Quarter 298.93 feet; thence easterly, parallel with said north line 175.00 feet; thence
southerly, parallel with said west line 518.39 feet; thence westerly, parallel with said north line
597,00 feet to said west line, thence northerly, along said west line 817.32 feet to the point of
beginning.
Whereas, the Planning Commission met on May 20, 2008, and held a public hearing on the
request and considered the effects of the proposal 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 consistency with the Comprehensive Plan, and
• hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission
and hereby does recommend approval of the conditional use permit, subject to the following
findings and conditions:
1. The building must remain as storage or workshop. Any other use is subject to
additional Building Code requirements, such as the construction of a firewall.
2. The accessory building must not exceed 16' in height and may not be pole -type
construction.
3. Approval of a building permit is required prior to any construction.
Adopted by the City Council this 27` day of May, 2008.
ATTEST:
Gary D. Plotz
City Administrator
•
Steven W. Cook
Mayor
Lo (C�3
D C TORS REPORT "'LA"NING AR N
DEPTMEIr
T041 Hutebinson Plannin Commission
From: Brad Emans, Dolf Moon,, Dave Ifunstad, Brandon Olson, Miles Seppelt, Lee
Miller, Jean W2rd, Jud Flemmin John Webster, john Olson, Lenn
Rulledoe
t3 T K Dipmler, Kept Exner, John Paulson, Mark Schnobrich, Marc
Sebora, Gar Plot z, Ken Menill, Jim Popp, Dan fl atten, Dick Na Rebecca
Bowers and Bonnie Baumetz ( Persons in attendance at Plannin Staff
Meetin ( in bold
Date: Ma 9, 2008, for Ma 20, 2008, Plannin Commission Meetin
Application: CONDITIONAL USE PERMIT TO SLOW CONSTRUXTION OF A
1 �2 00 S FT* ACCESSORY BUILDING IN THE R-1 DISTRICT ( SINGLE
FAMULY REBA -11AL AT 1398 SOUTH GRADE RD. S.W... FOR OAK
HEIGHTS COVENAiNT CHURCH
AppEcant Oak Hei Covenant Cbaarch, propert owner
CONDITIONAL USE PERAUT
Oak Hei Covenant Church isre g a conditional use permit for construction of a 1,200
s ft. accessor buildin in the R1 ( Sin g le Famil Residential District Churches in Residential
Districts and accessor buildin over 1,000 s ft. re a CUP. The 30" X 40' ( 1,2-00 s ft.)
Is .
buildin is proposea to be constructed south of the existin parkin e. lot and xxrould be used for
4%
stora and a workshop.
(D Ic 3
Planning Commission — May 20, 2008
Conditional Use Permit
Oak Heights church garage
Page 2
GENERAL INFORMATION
• Existing Zoning: R -1 (Single Family Residential District)
Property Location: 1398 South Grade Rd. S.W.
Lot Size: Approximately 8 acres
Existing Land Use: Church
Surrounding Uses: Residential to the East, Vineyard Church to the North
Agricultural to the South, Out of City Limits to the West
Zoning History: The property was annexed to the city in 1998. Properties are zoned R -1 (Single
Family Residential District) upon annexation into the City. A conditional use
permit was approved in 2000 to allow construction of a church in the residential
district.
Applicable Regulations: Section 154.056, City Code
Analysis and Recommendation:
The request is to construct a 1,200 sq. R. accessory building for storage and workshop area. .
The proposed building would meet the setback and location requirements. At the staff review
meeting, staff discussed the proposed use and noted that any use other than storage or workshop
space would require the building to be constructed with a firewall.
• A CUP shall be granted if the use meets the following standards:
(a) 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) 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
(c) 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 of the request with the following conditions:
The building must remain as storage or workshop. Any other use is subject to additional
Building Code requirements, such as the construction of a firewall.
The accessory building must not exceed 16' in height and may not be pole -type
construction.
3. Approval of a building permit is required prior to any construction.
•
CC
C4IVFj
14 ZD08
Hutchinson
Of P Z &B
I.
to cc-J3
� S
0 0 0
n oN
'n
I to
to
N
r-1 B
C �
J
480 .00'
(40
0 48 .00'
144 .00''
N
36 _00''
0
u
J
360 001
Window
0
�
(22')
d
264 .00''
a
0
0
0
q
0
9 Multi — Purpose Room
180.00" (15')
O
O
q
Door Window
Window
0 48 .00'
144 .00''
N
36 _00''
0
u
J
360 001
9
�Peln le Yt.
APR 14 2008
CY 0 Ho ul
�� MPZ•
W CC-)3
�8M x 40T x 9'H
• Aluminum sofBl and fascia •pry pre -hung sleet service door
• 30 year 6upergl O = shingles •Two 30• s 36' vinyl single hung windows
• 12• overhang on all tour sides • Dulchlap double 4' vinyl siding
• Ore 16' x 8' sleel raised panel overhead garage door
32 195 -ore5
MEMORANDUM
• DATE: May 21, 2008 for the May 27, 2008 City Council meeting
TO: Hutchinson City Council
FROM: Rebecca Bowers, AICP, Planning Director
SUBJECT: CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A HEADSTART
PRESCHOOL IN THE C4 DISTRICT AT 904 HWY 15 SOUTH REQUESTED
BY JIM FAHEY
Background:
The applicant, Jim Fahey of Fahey Sales Agency, Inc., has requested a CUP to construct a 2,400
sq. ft. building at 904 Hwy 15 S. for the Headstart Preschool program that is presently located in
the existing building. The existing Headstart space would be converted to office space. The
proposed building would be constructed on the same lot as the existing building and would share
the parking area. Additional information is included in the attached report.
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their May 20,
2008, meeting. There was no one from the public who spoke, other than the applicant. The
Commission discussed the requirement for screening by fencing for commercial uses adjacent
to residential property. The ordinance allows fences of lesser heights or planting screens if
approved by the Council if it would adequately protect the use and enjoyment of properties
within the adjacent residential district. Existing boulevard trees along the north and east
property lines provide some screening. Staff noted that screening with landscaping may be
more attractive than fencing in this case. The Commission discussed the chain link fencing on
the west side of the property, the outdoor storage, and playground area, and if vines would
work for screening on the chain link fence. Feedback will be requested from the City Forester
on the feasibility of additional landscaping between the boulevard trees.
Staff requested feedback from the Commission on the building design, which is steel building
with a sloped flat roof. The applicant provided a drawing showing a metal roof overhang that
would be similar to the existing building. The Commission encouraged the applicant to use
exterior treatments that would improve the appearance. Various exterior treatments were
discussed, such as stucco, partial brick fagade, striping, and architectural panels. The
applicant stated the building would also have some shrubs around it and a sidewalk that
improve the appearance. He stated his concern with the costs of the conditions and the
requirement to direct the downspouts into the catch basin. Staff stated this was a
recommendation from the City Engineer due to drainage issues to the west.
Recommendation:
The Planning Commission unanimously recommended approval of the conditional use permit with
the findings and conditions in the attached resolution.
4 &_�q
RESOLUTION NO. 13405
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW
• CONSTRUCTION OF A BUILDING AT 904 HVWY 15 SOUTH FOR HEADSTART
PRESCHOOL IN THE CA DISTRICT (FRINGE COM114ERCIAL) REQUESTED BY
JAMES FAHEY, FAHEY SALES AGENCY, INC.
Whereas, James Fahey, property owner, has requested approval of a conditional use permit to
allow construction of a Headstart Preschool in the C -4 District at 904 Hwy 15 South, with the
following legal description:
Lot 2 in Block 1 of Hanson's Third Addition
Whereas, the Planning Commission met on May 20, 2008, and held a public hearing on the
request and considered the effects of the proposal 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 consistency with the Comprehensive Plan, and
hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission
and hereby does recommend approval of the conditional use permit, subject to the following
findings and conditions:
1. A certified property survey is required before a building permit will be reviewed. The
survey shall clearly identify dimensions and setbacks for the building, parking, and drive
aisles, and identify the proposed traffic circulation on site. Review and approval of the
. site plan is required by the City Engineer and Planning Director before construction.
2. Parking spaces shall be striped and meet the requirements of Section 154.116.
3. Due to the adjacent residential properties and visibility of site from Hwy 15 S., the
building shall be constructed with a fagade treatment on four sides, such as a partial brick
fagade, striping or architectural panels, to break up the flat metal exterior, provide more
visual interest, and prolong the exterior appearance of the building. The proposed
materials shall be identified on the building permit prior to construction.
4. Downspouts from the building shall be directed into drain tile to the catch basin at the
northeast corner of the site.
5. Plantings of additional trees or shrubbery along the west property line and northeast
comer of the site may be provided as screening rather than fencing. The landscaping
plan shall be approved by the City Forester before planting. Screening shall meet the
requirements of section 154.115.
Adopted by the City Council this 27`' day of May, 2008.
ATTEST:
Gary D. Plotz
City Administrator
•
Steven W. Cook
Mayor
c0t!c��l
C ' .S R � PLANNING DEPARTMENT
To: Hutebinson Plannin Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Brandon Olson, Nfiles Seppelt, Lee
Miller, Jean Ward, Jud Flemmin John Webster, John Olson, Lenn
Rutled K Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc
Sebora, Gar Plotz, Ken Merrill, Jim Popp, Dan Batten, Dick Na Rebecca
Bowers and Bonnie Baumetz (Persons in attendance at Plannin Staff
Meetin (in bold)
Date: lWa 12, 2008, for 'Ma 20, 2008, Plannin Commission Meetin
Apphcation-. CONDITIONAL USE PE1011T TO ALLOW CONSTRUCTION OF A NEW
BUILDING FOR I1 START PRE.S0100L AT 904 HWY 15 S 1UN THE
C-4 DISTPJCT (FRINGE COMMERCIAL)
Applicant: JIM FAHEY, FAHEY SAIES AGENCY, INC.
CONDITIONAL USE PERMIT
The applicant, Jim Fahe of Fahe Sales A Inc., has re a CUP to construct a 2,400
s ft. buildin at 904 Hw 15 S. for the Headstart Preschool pro that is presentl located in
the existin 11--.ildin. The existin Headstari space would be converted to additional office space.
The proposed buildin would be constructed on the sane lot as the existin buildin and would
share the same parkin area and entrances. There is an existin fenced outdoor pla aTea that
would co ue to be used b Headstart..
C' Cc)N
Planning Commission —May 20, 2008
Conditional Use Permit
Fahey Sales Agency, Inc.
Page 2
GENERAL INFORMATION
•
Existing Zoning:
C4 (Fringe Commercial)
Property Location:
904 Hwy 15 South
Lot Size:
1.3 acres
Existing Land Use:
Office
Adjacent Land Use
And Zoning:
Commercial, Medium to High Density Residential
Comprehensive
Land Use Plan:
Urban Commercial Design Zone
Zoning History: The building was converted from a Farm and Home Supply business to a Real
Estate Office in 1998. In 1997, a Conditional Use Permit was granted to Cellular
One to allow a monopole tower located adjacent to the building.
Applicable Regulations: Section 154.170 of City Code
Transportation: Lynn Road S.W. and Clinton Ave. S.W.
Analysis and
• Recommendation:
Approval of a conditional use permit is required for operation of a school in the C -4 district. A
CUP shall be granted if the use meets the following standards:
(a) 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) 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
(c) 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.
For the existing 7,320 sq. ft office space and proposed 2,400 sq. ft. school with two classrooms,
42 parking spaces are required. Although a certified survey has not been prepared, it appears
the 42 spaces would be available. The applicant has identified 42 spaces, which includes 36
existing spaces remaining and 6 new parking spaces. Construction of the new building would
result in a loss of 12 spaces. The provision of required parking spaces will be verified by staff
after preparation of a certified survey before building permit is issued (condition added to
• resolution).
Ix Lc- q
Planning Commission —May 20, 2008
Conditional Use Permit
Fahey Sales Agency, Inc.
Page 3
• At the planning staff meeting, staff discussed access to the site and noted that the driveways to
the site are large and rather uncontrolled. The entrances, exits, and drop off areas should be
identified clearly to reduce traffic conflicts. Staff also discussed concerns regarding the
aesthetics of the proposed steel building (refer to attached plans). There are no regulations
regarding the design or construction of steel buildings in this district, however as part of the
conditional use permit process, a condition requiring some exterior treatments, such as a partial
brick far would be appropriate due to the adjacent residential properties and visibility of site
from Hwy 15 S. Staff also discussed stormwater drainage on site and recommended directing
downspouts into the catch basin on the northwest comer of the lot to handle runoff. A new
transformer will be set on the west property line.
The Zoning Ordinance Section 154.155 requires screening by fencing of not less than 8 feet
height with 100% opacity when adjacent to residential property. However, fences of lesser
heights or planting screens may permitted by the Council if it would adequately promote and
protect the use and enjoyment of properties within the adjacent residential district. There are
some existing boulevard trees along the north and east property lines that provide some limited
screening. With some additional landscaping on the subject property, landscaping could meet
the screening requirements without a fence.
Staff would recommend approval of the request with the following recommendations:
1. A certified property survey is required before a building permit will be reviewed. The
survey shall clearly identify dimensions and setbacks for the building, parking, and drive
• aisles, and identify the proposed traffic circulation on site. Review and approval of the
site plan is required by the City Engineer and Planning Director before construction.
2. Parking spaces shall be striped and meet the requirements of Section 154.116.
3. Due to the adjacent residential properties and visibility of site from Hwy 15 S., the
building shall be constructed with a facade treatment on four sides, such as a partial brick
facade, to break up the flat metal exterior, provide more visual interest, and prolong the
exterior appearance of the building. The proposed materials shall be identified on the
building permit prior to construction.
4. Downspouts from the building shall be directed into drain the to the catch basin at the
northwest comer of the site.
5. Plantings of additional trees or shrubbery along the west property line and northeast
comer of the site maybe provided as screening rather than fencing. The landscaping
plan shall be approved by the City Forester before planting. Screening shall meet the
requirements of section 154.115.
is Cc: Jim Fahey, 904 Hwy 15 S
(t, tc)- q
- 1070—
•
_
M I
(7
' � O
-
H
r
1068.6
1668.5
/0
8.4
_10 _
1
M I
(7
' � O
_�
{..,
#�
��
_
Pr cl:
BulkNn . Descri Qn,
Drawing o.;
Jim Fah "r Feb
M1942M SA 7 PM
?4 �,JltK1�5� A ST, Q,
C MOO, MN, U. .A. 562219
An Fly
Unil I of
4 0* 60102
4V (" w 60' Vii" x I
3n view
A
LL, I WMPH
i
ullor'` Mfg. Co. r Ronitax city. m
• Pa Plook �Ajj-
r-,
•
.:
co tc)�
MEMORANDUM
DATE: May 21, 2008 for the May 27, 2008 City Council meeting
TO: Hutchinson City Council
FROM: Rebecca Bowers, AICP, Planning Director
SUBJECT: CONDITIONAL USE PERMIT TO ALLOW RETAINING WALLS IN
EASEMENTS LOCATED AT 1443 SOUTHFORK DRIVE S.E. REQUESTED
BY LANSCAPE CONCEPTS INC. AND JEROME AND BONITA SCHANIL
Background:
The applicants are requesting a CUP (conditional use permit) to allow retaining walls and a
patio to be placed in the drainage and utility easements in the side yards of an existing
home at 1443 Southfork Dr. S.E. The Zoning Ordinance allows retaining walls to be
constructed within drainage and utility easements with approval of a CUP, however does
not.allow the portion of the request. The applicant requested the following:
1. On the north side, construct a 2 foot high boulder retaining wall to be placed 4 feet into
the 5 foot wide easement to construct a landing from the side door into the garage. The
applicant states the wall is necessary to access the garage walk -thru door.
2. On the south side, construct a maximum of 4.3 foot high retaining wall 3 feet into the 20
• foot easement. The encroachment is requested due to the elevation change and to
allow steps from the deck down to a proposed patio.
Additional information is included in the attached report to the Planning Commission.
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their May 20,
2008, meeting. There was no one from the public who spoke on the request, other than the
applicant. The applicant stated that they will try to minimize the amount of encroachment into
the easement and the height noted is the maximum height that would taper down. The
homeowners would like to have a small patio on the south side to let their dog out from the
upper deck. Staff stated the ordinance does not allow the construction of patios on easements
and that the City should be careful of allowing encroachments into easements. The south side
easement is larger as it is the area identified for stormwater pond maintenance access. The
ordinance requirements and potential development to the south was also discussed. Options
such as circular stairs were also discussed instead of constructing the patio in the easement.
Recommendati
The Planning Commission unanimously recommended approval of the conditional use permit
to allow the retaining walls in the easements, with the findings and conditions in the attached
. resolution.
t'045
RESOLUTION NO. 13406
•
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW
PLACEMENT OF RETAINING WALLS IN EASEMENTS
LOCATED AT 1443 SOUTHFORK DRIVE S.E.
Whereas, Landscape Concepts, Inc., applicant, and Jerome and Bonita Schanil, property owners,
have requested approval of a conditional use permit to allow placement of retaining walls in
easements located at 1443 Southfork Drive S.E. with the following legal description:
Lot 7, Block 1, Southfork Ridge 2 " Addition
•
•
Whereas, the Planning Commission met on May 20, 2008, and held a public hearing on the
request and considered the effects of the proposal 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 consistency with the Comprehensive Plan, and
hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission
and hereby does recommend approval of the conditional use permit, subject to the following
findings and conditions:
1. A maximum 4 foot encroachment into the right of way on the north side of the home is
permitted to allow a maximum of two foot high retaining wall to construct a landing from
the garage side door.
2. A maximum of 3 foot encroachment into the easement on the south side of the home is
permitted for boulder retaining walls only, as shown on the attached plans. The paver
patio is not allowed to be within the easement.
3. The applicant is advised that covering the utility lines on the north side of the property is
at their own risk. Relocation of the services would be at the property owner's expense.
4. There must be proper drainage maintained between 1443 Southfork and 1437 Southfork
(the property to the north).
Adopted by the City Council this 27 day of May, 2008.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
tpCc�j
•pxvm..ws:++ w. rm. m. �r. .urvw�ie»w.vr.'nsw�a..rs�v,p,.r ... r.. �. ��rr� .,vsa....w�ay.wrwar+uanwrams +..rrassuee.».w�..
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
• From: Brad Emans, Dolf Moon, Dave Hunstad, Brandon Olson, Miles Seppelt, Lee
Miller, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny
Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Scbnobrich, Marc
Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Batten, Dick Nagy, Rebecca
Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff
Meeting (in bold)
Date: May 9, 2008, for May 20, 2008, Planning Commission Meeting
Application: CONDITIONAL USE PERMIT TO ALLOW RETAINING WALLS IN
EASEMENT LOCATED AT 1443 SOUTBFORK DR. S.E.
Applicant(s): Landscape Concepts Inc., and
Jerome and Bonita Schanil, Property Owners
CONDITIONAL USE PERMIT
The applicants are requesting a CUP (conditional use permit) to allow retaining walls and a patio
to be placed in the drainage and utility easements in the side yards of an existing home at 1443
Southfork Dr. S.E. The Zoning Ordinance allows retaining walls to be constructed within
drainage and utility easements with approval of a CUP, however would not allow the patio
portion of the request. The applicants' request is for the following:
• 1. On the northwest comer of the house, to construct a 2 foot high boulder retaining wall to
be placed 4 feet into the 5 foot wide easement to construct a landing from the side door
into the garage. The applicant states the wall is necessary to access the garage walk -thru
door on the north side of the home.
2. On the southeast corner of the house, to construct a 4.3 foot high retaining wall 3 feet into
The 20 foot easement. The encroachment into the right of way with the retaining wall is
requested to deal with an elevation change on the north side of the home and allow steps
from the deck down to a proposed patio in the side yard.
GENERAL INFORMATION
Existing Zoning: R -3 PDD (Medium — High Density Residential Planned Development)
Property Location: 1443 Southfork Drive S.E.
Lot Size: 1.9 acres
Existing Land Use: Single Family Residential
Surrounding Uses: Residential, vacant /agricultural, and industrial to the east.
Zoning History: Southfork Second Addition was platted in 2004. A 20 foot easement was
platted on this property to allow for maintenance of the storrnwater pond.
• Applicable Regulations: Sections 154.024 (B)(5) and 154.170 City Code
(P LC�6
Planning Commission —May 20, 2008
Conditional Use Permit
Retaining walls at 1443 Southfork Dr. S.E.
Page 2
• Analysis and Recommendation:
Section 154.024 (B)(5) (Yard space encroachments /steep slopes) allows "Retaining walls and
landscaping timbers within easements by conditional use permit". The ordinance does not
allow for a patio in the easement, which is shown on the plans for the south side of the house.
For both sides of the home, the retaining walls appear to be necessary to deal with the steep
grade along the house and provide a landing from the side door of the garage on the north.
A CUP shall be granted if the use meets the following standards:
(a) 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) 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
(c) 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.
The proposal was discussed at the staff meeting on May 5` Staff noted several concerns
• however also noted that the retaining walls would be helpful in dealing with the steep grades on
the property.
Regarding the request for the north side, the electric and gas service is located in the 5 foot
easement and would be buried by the fill for the retaining wall. The service may stay in place at
the owner's risk, however, if it is moved, the cost will be at the property owners expense. The
retaining wall is necessary to accommodate a landing from the side door of the garage on the
north (refer to photos showing pallets by side garage door).
On the south side, staff recommends that 3 feet of encroachment be allowed for the retaining
wall only. The 20 -foot easement is for stormwater pond maintenance and it is important that it
remain clear to allow equipment access to the pond in the future. The retaining walls appear
needed due to erosion issues with the steep bank, however staff felt that the proposed paver patio
is not necessary and should not be allowed in the easement. Alternatives for additional patio
space are available in the rear yard. There is also an existing patio under the deck.
Staff states that proper drainage must be maintained to protect the property to the north. There
are no City records or drawings on file regarding the retaining walls on the northern property.
Staff noted that the property to the north was required to obtain approval prior to any
construction in the easement. Staff will follow up with the adjacent property owner regarding
the retaining walls in the easement.
• Staff recommends approval of the retaining walls due to the grade issues on site and erosion
issues, however does not recommend approval of the patio. Staff recommends the following:
& (C)J
Planning Commission —May 20, 2008
Conditional Use Permit
Retaining walls at 1443 Southfork Dr. S.E.
Page 3
• 1. A maximum 4 foot encroachment into the right of way on the north side of the home is
permitted to allow a maximum of two foot high retaining wall to construct a landing from
the garage side door.
2. A maximum of 3 foot encroachment into the easement on the south side of the home is permitted
for boulder retaining walls only, as shown on the attached plans. The paver patio is not
allowed to be within the easement.
3. The applicant is advised that covering the utility lines on the north side of the property is at their
own risk. Relocation of the services would be at the property owner's expense.
4. There must be proper drainage maintained between 1443 Southfork and 1437 Southfork
(the property to the north).
Cc: Landscape Concepts, Inc, 20377 State Hwy 15 North
L�
•
(c-)5
Plannin Commission —Ma 20, 12008
Conditional Use Permit
Reltainin walls at 1443 Soulhfork Dr. SX.
P2 14
ou ems. A
,Sth side of hou.se - proposcd location of rciainin wall and patio near tin deck
Plannin Commission - M2 20, Al-008
Conditional Use Permit
Retainin walls at 1443 Southfork Dr. SJE.
Pa 5
North bide y ard location Of P TOposedTetainin g y wall where pallets are located.
BUILDING PERMIT SURVEY FOR Ct
LOT 7, BLOCK I SOUTH
PROPOSED TOP OF FOUNDATION • 1053.6
PROPOSED GARAGE FLOOR 1053R
PROPOSED BASEMENT FLOOR • 1045.6
LIJ
W
Y
0
LL
0
W
�'k
LOT AREA • 84758 Square
Building romprint Area as shown
(Ihchtdea Porcb b Deck)
Driveway Area os shown • 1094
3' ink t Av"
LAND SURVEYING
-2
POND
Wow e4 t h Oa 612 /07
e �
�T' Sod
HUTCHINSON MN
4 rC�s
b`
S89°5O'4 IT 610.2
I hereby certify that this
S1rr , PI n or Report
was prepared
by the or under my
direct supervision and that
1 am a du�y licensed
Land Surveyor
under tAe laws of
the State of
//
_�Minnesota.
r1
No.a7�,
aA�k. 314
Lic.
Date:
LAND SURVEYING
-2
POND
Wow e4 t h Oa 612 /07
e �
�T' Sod
HUTCHINSON MN
4 rC�s
-
i
u
47 Bwlck, waE
52' Boulder
24' Boulder
VJaI `,
M. bl. SYIi K*.bm lm
La Mlicape Concepts, Im
April 200E
pion far. lerenr o.d Ba+ra 5dv"
J v
c�Lc55
p�
a G O;
M. bl. SYIi K*.bm lm
La Mlicape Concepts, Im
April 200E
pion far. lerenr o.d Ba+ra 5dv"
J v
c�Lc55
MEMORANDUM
• DATE: May 21, 2008 for the May 27, 2008 City Council meeting
TO: Hutchinson City Council
FROM: Rebecca Bowers, AICP, Planning Director
SUBJECT: FINAL PLAT OF SOUTHWIND SECOND ADDITION SUBMITTED BY
HUTCHINSON LAND HOLDINGS, LLC
Backqround:
Hutchinson Land Holdings, LLC, is requesting approval of a final plat for Southwind Second
Addition. The final plat would create 6 single family lots along Calgary, one single family lot
along Toronto Blvd. at the southeast corner of the property, and two outlots. The two outlots
are proposed to facilitate the sale of property to the Hutchinson Area Health Care. The
applicant is proposing to keep Outlot A to allow access and future development of the property
to the west along Sherwood St. Outlot B is proposed for sale to Hutchinson Area Healthcare.
Additional information is included in the attached staff report to the Planning Commission.
Planning Commission Meeting:
The Planning Commission considered the request at their May 20, 2008, meeting. No one from
the public spoke on the request, other than the applicant's Engineer, Marty Campion, Otto
Associates. Mr. Campion stated that the final plat is being driven by the ability to sell Outlot B
to the hospital. He commented on the recommendation to revise Outlot A into right of way.
He stated that as the right of way for Sherwood Street would not likely be the same as the
current Outlot A configuration, the applicant would need to replat the remainder. Staff stated
that the recommendation was to address possibility that the outlot may hold up development of
the HAHC property to the south. Mr. Campion stated that it is not their intention and suggested
revising the condition to require the applicant to plat Outlot A for the Sherwood Street right of
way as soon as an alignment is agreed upon with the City. The Commission and staff
discussed the revised condition and found it would address staffs concerns. The revised
condition is included in the attached resolution.
Recommendation:
The Planning Commission unanimously recommended approval of the final plat with the
findings and conditions in the attached resolution.
E
6 (C)(P
RESOLUTION NO. 13407
• RESOLUTION APPROVING A FINAL PLAT OF SOUTHWIND SECOND ADDITION
SUBMITTED BY HUTCHINSON LAND HOLDINGS, LLC
Whereas Hutchinson Land Holdings, LLC, property owners, have submitted a final plat of Southwind
Second Addition with the following legal description:
Legal Description: Outlet B, Southwind, McLeod County, Minnesota, according to the record plat
thereof.
Whereas, the Planning Commission considered the final plat request on May 20, 2008, and considered the
requirements of the Zoning Ordinance and effects of the proposal 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 consistency with the Comprehensive Plan, and hereby recommends
approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and
hereby does recommend approval of the final plat, subject to the following findings and conditions:
1. The applicant shall plat Outlot A for the Sherwood Street right of way as soon as an alignment is
agreed upon with the City.
2. The final plat shall be revised to provide a total of 20' wide drainage and utility easement
between Lots 2 & 3 on Block I and Lots 2 & 3, Block 2, to allow for stormwater lines and
drainage ways that runs between these lots. The following drainage and utility easements shall
be provided: 10' wide easements along the southerly side lot line of Lot 2, Block 1, the northerly
side lot line of Lot 3, Block 1, the southerly side lot line of Lot 2, Block 2, and the northerly side
lot line of Lot 3, Block 2.
3. The applicant shall construct turnarounds at the south end of Calgary Lane and the west end of
Toronto Blvd. for emergency services and maintenance prior to issuance of a certificate of
occupancy for the homes on these streets. The design and location of the turnarounds shall be
reviewed and approved by the City Engineer.
4. The applicant shall coordinate and provide for stormwater management between the subject site,
the HAHC property, and/or other future property owners, including ensuring positive drainage,
stormwater collection, conveyance and treatment. The applicant shall also ensure and maintain
positive drainage across the westerly lots and right of way. Plans must be approved by City
Engineer prior to any grading or construction.
5. The applicant shall record the final plat prior to issuance of any building permits.
6. All required fees shall be paid prior to issuance of a building permit and prior to any construction
on the lots.
7. Pending assessments (SA -5064, SA -5065, SA -5070) in current amount of $45,902.10 must either
be paid in full before plat is recorded or split among the subject properties accordingly. The
applicant shall advise the Engineering Dept. of the proportional split of the assessments before
recording the final plat.
Adopted by the City Council this 27th day of May, 2008.
ATTEST:
• Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
4 (C-) (
1A7,jV-
'kT
D1j"7U'V'-1,'CT0,RS REPORT PLAINNI-N.IG DEPARTMENT
To Hutchinson Plannin Commission
From Brad Emarcs, Dolf Mo.on, Dave Hun stad, Brandon Olson, ',,vll*les Seppelt, Lee
Miller, Jean N` rd Jud Flemmin John Webster, John Olson,, Lenn
Rutled K Dimler, ]Kent Exner, Jobn Paulson, Mark Schnobrich, Marc
Sebora, Gar Plotz, Ken Mem'll, Jim Popp, Dan Hatten, Dick Na Rebecca
Bowers and Bonnie Baumetz ( Persons in attendance at Plannin Staff
Meetin ( in bold
Date: fa x 12, 2008 for Ma 21, 2008, Pla ia n in g Commis i on Me etin
Application.,- FIN AL PLAT OF SOUTHWIND SECOND ADDITION
Applicant: HUTCHINSON LkND HOLDINGS, LLC
Final Plat
Hutchinson Land Holdin LL C, I'S Te q ueslin g approval of a final plat for Southwind Second
Addition. Thc final plat would create 6 sin famil lots alon Cal one sin famil lot
alon Toronto Blvd. at the southeast comer of the propeTt and two outlots. The two out'lots
are proposed to facilitate the sale of propert to the Hutchinson Area Health, Care. The applicant
is proposin to keep Outlot A to allow access and fut-ur e dcveloppent of the propert to the west
alon Shcnki ood St. Outlot B is proposed for sal le to Hutchinson Area Healthcare.
Final Plat
Planning Commission - May 20, 2008
Southwind Second Addition
Page 2
GENERAL INFORMATION
• Existing Zoning:
R -2 (Medium Density Residential)
Existing Land Use:
Vacant
Adjacent Land Use
And Zoning:
Vacant/Agricultural property and R -2 (Medium Density Residential)
Comprehensive
Land Use Plan:
Traditional Residential Neighborhood
Zoning History:
Southwind received preliminary plat approval in 2003. This final plat is the
second phase of the preliminary plat.
Applicable
Regulations:
Section 153.50 — 153.051 (Final Plat)
Transportation:
Calgary Lane S.E. and Toronto Blvd. S.E.
Analysis and Recommendation:
Final Plat:
The requested final plat for Southwind Second Addition proposes 7 lots for construction of
single family homes and 2 out] ots. The applicant is proposing to plat 7 lots for development in
the areas where infrastructure has been constructed. The remaining 17.45 acre Outlot B would
be sold to Hutchinson Area Healthcare. Six of the single family lots are located south of Ottawa
Ave. on each side of Calgary Lane. The 3 lots on the west side of Calgary are the same size as
the approved preliminary plat of Southwind. The 3 lots on the east side of Calgary Lane are
deeper than shown on the original preliminary plat due to the drainage and utility easement for
the stormwater pond, however are consistent with the approved grading plan. Lot 1, Block 3,
would be platted at the southeast corner of the site along Toronto and is consistent with the
preliminary plat. The proposed single family lots would range from 9,895 to 19,074 sq. R,
which would meet the subdivision and R -1 zoning requirements, subject to the conditions noted.
Outlot A/Sherwood Street
The applicant proposes to keep Outlot A for future access and development to the strip of
property to the west along Sherwood Street. Staff is recommending that Out] ot Abe dedicated
as public right of way, rather than platted as a privately owned outlot, to allow future
construction of this segment of Sherwood Str. SE. that will extend south to connect to Airport
Road.
Road Extensions/Emergency Turnarounds:
At the staff meeting, a couple of items were identified that will be addressed as a condition of the
final plat Calgary Lane may extend south to the future HAHC development, however until the
property develops the applicant must construct a turnaround at the south end of Calgary Lane for
• emergency services and maintenance. The same will be required for the end of Toronto Blvd
The turnarounds could be a cul -de -sac or a T — road on one of the lots. The design and location
of the turnaround is subject to approval by the City Engineer.
(0 (j (�o
Final Plat
Planning Commission —.May 20, 2008
Southwind Second Addition
Page 3
• Stormwater Drainage:
Staff discussed drainage in the area of proposed Outlot A and Outlot B, between the southerly
border of Southwind and the northern boundary of the future HAHC development. The grading
plan approved with the preliminary plat d drainage into the area between the first and
second additions. As development plans have changed and Outlot B will be sold to HAHC,
cooperation between the two property owners will be essential to assure proper stormwater
management.
The applicant shall coordinate and give consideration for provision of stormwater management
between the subject site, the HAHC property, and future property owners, including ensuring
positive drainage, stormwater collection, conveyance and treatment. The applicant shall also
maintain positive drainage across the westerly lots and right of way.
Staff is recommending a revision to the plat to provide a total of 20' wide drainage and utility
easement between Lots 1 & 2 on Block 1 and Lots 2 & 3, Block 2, to allow for stormwater lines
and drainage ways that runs between these lots. A condition is noted below to require 10' wide
easements on these lots. Staff notes that the proposed 5' wide side yard drainage and utility
easements in the Southwind development do not meet City subdivision requirements, which
require 6' side and 10' front and rear easements. However, 5' wide side yard easements were
provided throughout the Southwind subdivision. Staff was unable to determine where an
exception was granted or if the easements were missed in the preliminary plat review in 2003.
For consistency purposes, staff believes the remaining 7 single family lots may utilize a 5' wide
easement, except for the larger 10' wide easement on the lots noted for stormwater management.
• Tree Escrow:
The City Forester stated there is money escrowed for the boulevard trees for the Southwind
preliminary plat. As the escrow amount was based upon the total number of lots proposed with
the preliminary plat, the City will be able to authorize the release of the amount of escrow for the
lots that will not be developed by the applicant (this was held in bank escrow, not by the City).
Staff will determine the balance required and provide information on the amount of escrow that
can be released to the applicant after approval of the final plat.
Staff recommends approval of the final plat for Southwind Second Addition with the following
conditions:
1. Outlot A shall be dedicated as right of way, rather than platted as an outlot, for future
construction of Sherwood Str. SE. to allow extension south to Airport Road.
2. The final plat shall be revised to provide a total of 20' wide drainage and utility easement
between Lots I &a on Block 1 and Lots 2 & 3, Block 2, to allow for stormwater lines
and drainage ways that runs between these lots. The following drainage and utility
easements shall be provided: 10' wide easements along the southerly side lot line of Lot
2, Block 1, the northerly side lot line of Lot 3, Block 1, the southerly side lot line of Lot
2, Block 2, and the northerly side lot line of Lot 3, Block 2.
3. The applicant shall construct turnarounds at the south end of Calgary Lane and the west
end of Toronto Blvd. for emergency services and maintenance prior to issuance of a
. certificate of occupancy for the homes on these streets. The design and location of the
turnarounds shall be reviewed and approved by the City Engineer.
(P(O
Final Plat
Planning Commission —May 20, 2008
Southvvind Second Addition
Page 4
4. The applicant shall coordinate and provide for stonnwater management between the
subject site, the HAHC property, and/or other future property owners, including ensuring
positive drainage, stormwater collection, conveyance and treatment. The applicant shall
also ensure and maintain positive drainage across the westerly lots and right of way.
Plans must be approved by City Engineer prior to any grading or construction.
5. The applicant shall record the final plat prior to issuance of any building permits.
6. All required fees shall be paid prior to issuance of a building permit and prior to any
construction on the lots.
7. Pending assessments (SA -5064, SA -5065, SA -5070) in current amount of $45,902.10
must either be paid in full before plat is recorded or split among the subject properties
accordingly. The applicant shall advise the Engineering Dept. of the proportional split of
the assessments before recording the final plat.
Cc: Bill Watkins
Hutchinson Land Holdings, LLC, 2455 12' Street S.E., St. Cloud, MN 56304
n
U
•
(D (C)
Q
f_
O
jS
J
q
1 �
I F i
0
SOUTHWIND SECOND ADDI TION
r
L IT
N
c
L (p/T11m I[I tvtl • 1\
III / 1
a
1 bl
OUTLOT B
J
2 rh2 e
iIIi W
Q - - -- —
f _ .Vl ."
J
I
d �
yap \ \
M
mi�41° 8 TOROf. � Q ac
vn __
1
�3
Frll -".
.,AWE
Y.YYaY/ L.�.p•1 o-�l..� �YI.YiYY � . w N � Iq M
4 ry [ Ona a " uMrA.
(IYa. YI.IMJ
r..lil.W' LYrll aMVb
M /FI / 9LgIYlO Y6M YPId w TM�� N ae <M�. �l F IYw4 fm4M M
W 41 M IYIeirM\ 1AS1a M ..ww W W Pi � Ip d N�
�w
uW1 N! KY LY IILY l�'ry iw IW V, td M.Yin LLS � �N.I Pall
+��,) M r N M aLMy !MI IYII />• F tM O+II M FL�I fwM1 M Nwnsla
H we
1.Y1 L JOlsll. uLLrl LYr..A W.� wwM N N rte. /W Mc[
.�
N1v esw/ M w Y M w/w).. al/ IY11.I � 2VMiU Y[4'O IWAOI N ry M'�)
b,A. a.I L1N. p sY rW Y p0Y w. Ywv WHY l d M wMY Y FMM wI
I
F �... � W IMIMw uM MYM LLL � iWw blNl nnpF r swf ns nw•11
IylpLlyyl Lyq IµiRi LLC
(IYa. YI.IMJ
r..lil.W' LYrll aMVb
M /FI / 9LgIYlO Y6M YPId w TM�� N ae <M�. �l F IYw4 fm4M M
W 41 M IYIeirM\ 1AS1a M ..ww W W Pi � Ip d N�
�w
0
Ll
0
481 �o2SR�¢Ga it ur.
,y
TYPICAL STREET SECTION
SSW
I
� —
sm'e -�
-. -- - ..e.... ---I-
em[tr/.er cns YEo ���_ _7
vv r qua er
C.SAHlq.4
s
�]�� � 74RN W OETrl
� I_
_u'xx�rIF- .-'�•,eaE — --^— SOUTHWIND i
® "' TTO $ xurt+«eaNwoH s l 6 7 -- , 7a
N CHiNSO ,MN SH[ET NO 1 OF a .SHEETS m oim
1'
l�
0
C
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration for Approval of Assessment Roll - 951 Golf Course Rd NW
DATE: May 27, 2008
Following a meeting with the property owner of 951 Golf Course Road NW, City staff believes that it is
acceptable to remove the Deferred Assessment SA -176 from this property. 'Ibis assessment was administered
in 1984 for trunk storm sewer improvements across several properties. During the years since the approval of
these assessments, many of them have been removed when adjacent roadways and associated storm sewer
systems have been implemented. However, City staff proposes to remove this assessment at 951 Golf Course
Rd NW with the understanding that there may be future assessments or charges for trunk storm sewer and other
. utility services when this parcel is developed or adjacent roadways are improved.
We recommend approving the attached Resolutions to authorize the removal of this assessment.
cc: Gary Plotz — City Administrator
0
Lo W�
RESOLUTION NO. 13408
RESOLUTION DELETING ASSESSMENTS
• ASSESSMENT ROLL NO. SA -176
WHEREAS, Charles Bullert and Barbara Bullert are the owners of the following described
real estate:
City PID # 36- 117 -30 -03 -0330 County PID #23.036.5700
Address of Property: 951 Golf Course Rd NW
Legal Description: Beginning at the Southeast comer of the Northeast Quarter of the
Northwest Quarter (NE 1/4 of NW 1/4) of Section 36, Township
117, Range 30; thence West 1 chain; thence North 31 1/2 degrees
West 4 and 1/2 chains; thence North 24 1/2 degrees West 8
chains; thence North 11 degrees West 7.93 chains to the Section
line; thence East 8.65 chains; thence South 20 chains to the place
of beginning. (10.68 AC (.399 AC Road R/O/W) of NE 1/4 NW 1/4
Section 36- 117 -30)
WHEREAS, said property is presently subject to Deferred Assessment Roll — SA -176 in the
amount of $23,058.00.
WHEREAS, it has been determined there is no direct benefit to the property at this time.
This parcel may be assessed or charged for trunk storm sewer and other utility services in the future
as said parcel is developed and adjacent roadways are constructed.
is from THEREFORE BE IT RESOLVED, the assessment herein described is herebydeleted
from said property and said parcel may be assessed or charged for trunk storm sewer and other
utility services in the future as said parcel is developed and adjacent roadways are constructed.
Adopted by the City Council this 27th day of May 2008.
Mayor: Steven W. Cook
Administrator: Gary D. Plotz
•
M
0
5
�k
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of Items for 2008 Pavement Management Program Phase 2 Project
(Letting No. 51 Project No. 08 -05)
DATE: May 27, 2008
Attached is the Engineering Report containing the estimated project cost and project description identifying the proposed
improvement area for the 2008 Pavement Management Program Phase 2 project. The overall scope of this program may
be revised to match available improvement project funding. This project has been discussed at the recent Resource
Allocation Committee meetings with no major issues or concerns.
At this point, City staffwould like to start the project process by scheduling a Public Hearing for the project improvement
area at the June 10'" City Council Meeting. The Public Hearing will be proceeded by a project informational open house
•
on Thursday, June 5' Attached are the necessary Resolutions to establish the Public Hearing date.
We recommend that the attached Resolutions and Publications be approved.
r �
cc: Gary Plotz, City Administrator
v(
RESOLUTION NO. 13398
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
• LETTING NO. 5
PROJECT NO. 08 -05
WHEREAS, it is proposed to improve:
College Ave NE (from Main St N to Hillcrest Rd NE), Hillcrest Rd NE (from 6th Ave NE to
Walnut St NE), Montreal St SE (from Airport Rd SE to north dead end), Oakwood Ln NW
(from Golf Course Rd NW to dead end) and Alley in Block 4 — South Half City (between
Monroe St SE and Erie St SE from 1st Ave SE to Washington Ave E) by roadway
rehabilitation and utility infrastructure installations by construction of lateral storm sewer and
treatment improvements, drain tile installations, lateral watermain, surface reclamation,
grading, aggregate base, concrete curb and gutter, bituminous base, bituminous surfacing,
sidewalks /trails, landscaping, restoration and appurtenances, and
•
WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT, the proposed improvement be referred to the City Engineer for study and that he is instructed
to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the
proposed improvement is feasible and as to whether it should best be made as proposed or in connection with
some other improvement, and the estimated cost of the improvement as recommended.
Adopted by the Council this 27th day of May 2008.
Mayor: Steven W. Cook
n
LJ
City Administrator: Gary D. Plotz
4(o
0
C J
HTl� CHTS9N PiTBLI� VS'0�2KS/ENGINEERII�G DEPAR�IIT
ys chin op Ci - C�n��1 ] 9 Y�assan St S Il atc}imsou MN 55350 2122/32() 2 4 4209/fjj71 3Z(LZ , -4 ,'
ENG � E , Td REP0P.T & FEA I BILIT ,S ' L1 W
TO: Mayor and City Council
FROM: Kent Exner, City Engineer
DATE: May 27, 2008
SUBJECT: Letting No. 5 /Project No. 08-05
I have studied the following proposed improvements and find that the proposed project is feasible and recommend it
be constructed:
1-5 /P08 -05 College Ave NE (from Main St N to Hillcrest Rd NE), Hillcrest Rd NE (from 6th Ave NE to Walnut St
NE), Montreal St SE (from Airport Rd SE to north dead end), Oakwood Ln NW (from Golf Course Rd
NW to dead end) and Alley in Block 4 - South Half City (between Monroe St SE and Erie St SE from
1st Ave SE to Washington Ave E) by roadway rehabilitation and utility infrastructure installations by
construction of lateral storm sewer and treatment improvements, drain the installations, lateral
watermain, surface reclamation, grading, aggregate base, concrete curb and gutter, bituminous base,
bituminous surfacing, sidewalks/trails, landscaping, restoration and appurtenances.
Sx : _ - ESTIMATED COST
TOTA7l .
Cbf I trUCti00 Cosh - -- ; -- . ,�, = t - -
== $-77-5
En�Tri er ri ° _,�. =3�
- $116,250.0
AdihirilstratTori _ -. _« ��
4 ° $46 500.00
Fiscal /£e'alAnterest
$23,260 .00
Pro" a "Ac tilsitlon '
$0.00
$0.00
: ` - ESTIMATED TOTAL-
$961
ESTIMATED FUNDING
TOTAL
Assessable Cost - General Roadway Improvements
$440
Assessable Cost - Utlll Services
$0.00
CI - Bonding,
$481,000.
CI ' - Water Funds
$40,000.00
Cl - Sewer Funds
$0.00
Municipal State Aid
$0.00
Federal Ald
$0.00
ESTIMATED TOTAL
$961 000.00
•
4(P-)
RESOLUTION NO. 13399
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
• LETTING NO. 5
PROJECT NO. 08 -05
WHEREAS, pursuant to a resolution of the Council adopted April 27th, 2008, the City Engineer has
prepared a report with reference to the improvement of:
College Ave NE (from Main St N to Hillcrest Rd NE), Hillcrest Rd NE (from 6th Ave NE to
Walnut St NE), Montreal St SE (from Airport Rd SE to north dead end), Oakwood Ln NW
(from Golf Course Rd NW to dead end) and Alley in Block 4 — South Half City (between
Monroe St SE and Erie St SE from 1st Ave SE to Washington Ave E) by roadway
rehabilitation and utility infrastructure installations by construction of lateral storm sewer and
treatment improvements, drain tile installations, lateral watermaln, surface reclamation,
grading, aggregate base, concrete curb and gutter, bituminous base, bituminous surfacing,
sidewalks /trails, landscaping, restoration and appurtenances, and
said report was received by the Council on April 27th, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA
1. The Council will consider the improvements of such streets in accordance with the reports and the
assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota
Statutes, Chapter 429, at an estimated total cost of the improvement of $961,000.00.
2. A public hearing shall be held on such proposed improvements on the 10th day of June, 2008, in
the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and
• published notice of such hearing and improvements as required by law.
Adopted by the Hutchinson City Council this 27th day of April 2008.
Mayor: Steven W. Cook
City Administrator: Gary D. Plotz
•
(o t'�
0
C
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of Items for Trunk Highway 15 Roundabout Project (Letting No. 1/
Project No. 08 -01)
DATE: May 27, 2008
Mn/DOT received bids on Friday, May W, for the Trunk Highway 15 Roundabout project. Upon reviewing the bids,
City staff believes that the originally estimated assessments reflect the project benefits to the adjacent properties. Thus,
City staff has prepared the necessary Resolutions and Notices to proceed with the property assessments for this project-
The Assessment Hearing will occur at the June 10' City Council meeting.
We recommend that the Resolution Declaring Cost to be Assessed & Ordering Preparation of Proposed
•
Assessment, Resolution for Hearing on Proposed Assessment and Notice of Hearing on Proposed Assessment be
approved.
cc: Gary Plotz, City Administrator
40
(P C-0
RESOLUTION NO. 13400
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
• ASSESSMENT ROLL NO. 5088
LETTING NO. 11PROJECT NO. 08 -01
WHEREAS, cost has been determined for the improvement of:
TH 15 & North High Drive Roundabout construction by construction of lateral and
trunk storm sewer, drain the improvements, lateral and trunk watermain, lateral and
trunk sanitary sewer, surface reclamation, grading, aggregate base, concrete curb
and gutter, bituminous base, bituminous surfacing, concrete paving, sidewalks/trails,
lighting, landscaping, restoration and appurtenances, and
and the estimated cost for such improvement is $300,200.00 and the estimated expenses incurred
or to be incurred in the making of such improvement amount to $136,000.00 so that the total
estimated cost of the improvement will be $436,200.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be
$346,248.07 and the portion of the cost to be assessed against benefited property owners is
declared to be $89,951.93.
2. Assessments shall be payable in equal annual installments extending over a period of ten
(10) years, the first of the installments to be payable on or before the first Monday in January, 2009
and shall bear interest at the rate of _ percent per annum from November 1, 2008.
• 3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by law, and
he shall file a copy of such proposed assessment in his office for public inspection.
4. The City Administrator shall, upon the completion of such proposed assessment, notify the
Council thereof.
Adopted by the Council this 27th day of May 2007.
Mayor
City Administrator
•
c0c�)
RESOLUTION NO. 13401
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5088
• LETTING NO. 1 1PROJECT NO. 08 -01
WHEREAS, by a resolution passed by the Council on the 27th day of May 2008, the City
Engineer was directed to prepare a proposed assessment of the cost of improving:
TH 15 & North High Drive Roundabout construction by construction of lateral and
trunk storm sewer, drain tile improvements, lateral and trunk watermain, lateral and
trunk sanitary sewer, surface reclamation, grading, aggregate base, concrete curb
and gutter, bituminous base, bituminous surfacing, concrete paving, sidewalks/trails,
lighting, landscaping, restoration and appurtenances.
WHEREAS, the City Engineer has notified the Council that such proposed assessment has
been completed and filed in his office for public inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. A hearing shall be held on the 10th day of June 2008, in the Council Chambers at Hutchinson
City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an opportunity to be heard with
reference to such assessment
2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the hearing,
and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice
• to be given to the owner of each parcel described in the assessment roll not less than two weeks
prior to the hearing.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Administrator, except that no interest shall be charged if
the entire assessment is paid by November 17th, 2008. He may at any time thereafter, pay to the
City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
Adopted by the Council this 27th day of May 2008.
Mayor
City Administrator
•
(S( )
'• •�
y 0MPUTED
n5at5JMCN I HULL NU. 5088
LETTING NROJECT NO. 08-01
TH 158 NaM High OrNw Baneehan COrensllon on Mein M N ft. NE 20H1d S" 6 NorM High Dr eons MC<N Cl NN " Ie NoT High D, NE
by mvs Lund WxeleM truM slam eeaer, deH 611mprwemeny, N lnd eai NW mu1 - ckllamlandewA eeriary elver. n.11w retWn4tbn, 7sA'N
epprap.b Bw, cvrcrere cue Ind pine., broln:,ovs fir, ewrdroue erne ai p. carneb M xl^Y, tldweRLtral41gh6n9. bgecaPk, ma 8 apPV Wisrcb
$47.0.5
COST PER FF
E%NER
CHECKEDB NDER WEN
NUMBEROF : 10
1ST HEARING:
2ND HEARING:
ADOPTED:
OOB
OOB
JN1 EREST RAT
D O
'
CITY RD NO.
PROPERTY ADDRESS
NAME 8 ADDRESS
OF PROPERTY OWNER . ..
,LEGAL DESCRIPTgN pW
ADDITION OR SUBSIN O
"
m
<
4
$
M ¢
<
i .,
10 0
-
".
YQ9
F
F
O O p� J
COUNTY PID NO.
1
30.117-29. 140010
45 North High Or HIM
Goden Cake Properties LLC
Alin: Craig Eggers
Lot 1, Block 1, Bayla5 Addition
1
474.81
- 132.00
- 257.11
85.70
$4.466.58
$4,066.66
610 Vvglnle Shores Cir
1 23- 3980010
Excelsior MN 55331
2
30. 117.29- 14-0020
110 Michael Cl NW
Chet 6 hssoaalee
Lai 2, Block 1, as AddlOcn
$1,657.00
16254
.114.41
5&14
$1,809.51
"
- $3,3031
16.377 S Bond Lake Estates Rd
23- 396-0020
Ml.gWl 54&59
3
30- 117 - 29-14-0030
120 Mchael CI NW
Chet 6 Aaeoclalas
Lot 3, Block 1, B&II&S AddMm
$1.557.00
157.12
- 117.81
39.2$
$1,1383.84
$3,42011
1637] S Bond Lake Estates Rd
23396-00.
mncrg WI 546.59
4
30- 117.29. 14-0040
125 Michas C NW
Chet& Assoaelas
Lot 4, Block 1, BoYes Addition
$1,557.
0.00
0.00
$0.00
51,657.00
16377 S Bond Lake Estates Rd
23 -3N.O W
6knong WI 54659
5
30 -117- 29-11-0050
115 Micheal CI NW
Chat B Aasoaales
Lot 5, Block 1, Boyfies Addition
31.MiTDO
0.00
0.00
$0.00
-
$1,667.00
1637! S Bond Lake Estates Rd
23- 3964)050
Mrnng WI 54659
6
30117 -29- 14-0080
105 Michael Cl NW
Chal6 Associates
Lot 6, Block 1, s Addition
$1
0.00
0.00
$0.00
-
$1,657.00
1(Kl 7 S Bald Lake Eedtee Rd
23- 398 -OOW
jMinwqWI 54859
7
30 - 117 - 29 - 15-0010
1203 Mein SIN
Calvin 8 Angela Hansen
5451 W T SI
N13227 of S2W' of W356.93' of Lot 12. Auditors Plat ol
Lot 10, ALdWs Plat S 12 Section 30 8 N 12 Section
31- 117.29 1.%Aoree
$10,500.00
S4.6W.D0
132.24
-66.12
6&12
$3,137.39
$18,28].3$
23- 238 -00%
Westchester CA 90015
0
304172315-0011
1201 Main St N
Mitchel it Diane Eke
800 1 e151 N, P O Box IS
N127.73 of S16O.73' d W 356.93 d Lot 12. Audit,
Plat of Lot 10, Auditors Plat S 12 Sedlon 30 $ N 12
Section 31. 117 -29 .92 Acres
395.73
-13200
-13197
13117
$6,256.99
$6,
23238 -DD95
Dried MN 55325
9
30117 -29- 15-0040
1213 15 N
Hulchn,ton Area Health Caro
A": Pam Larson, Fhartce
.75 P
Adre. F Lot 121n NW Cana, Audits Plat S Iii
Section 3D 6 N 12 Section 31- 117-28 .75 Acres (Bums
61a
360.80
- 180.30
160.30
$8.55524
-
$6,666.24
1095 Hwy 15 Sauti1
23-238 -0110
Hutchinson MN 55350
10
31. 117 - 2902-0010
16 Nam1 High Or NE
Michael J Olson
Lot 1, Block 1, Hansen'. North High Addi on
196.40
-132.00
- 32.20
3220
$1,527.89
$15271$
16959100th St
231060010
Brownlm MN 55312
11
31. 117 - 29-02-00277
26 North High Of NE
Kad L Henderson -Reed
Lot 2, Block 1, Harwen's North High Addition
60.00
J0.00
40.00
-
$1 .00
f1 6f &00
26 North High Or NE
23-106-0020
Ailklhilem MN 66350
a4BBES51EN1 -LtPo nC- � t NVLm uO.P - seem - Vyrlaa
�l
l l '
V
UUM LEU BY: "ANDER VEEN
PLb5L55MFNT MOLL NO. 5088
LETTING NO.&ROJECT NO, 08-01
TH 166 No], n High on f4iln & N from "d HighMNIE
1W "k I,nd Mk �owlon' W�Q
eggrapeb beve cmhnab orb and lflt�, �1�0 Isvdwl. conaele 1vk1. eEe.eadaeile, flghlkl, .sIoncion
WAS
COST PER FF
COMPUTED BY_ K EXNER
Zl NDER VEEN
NUMBER 10
1 ST HEARING:
2ND HEARING:
ADOPTED:
008
QNSIM
'w
INTEREST RATTEP
6
CRY PID NO.
PRO
Eak ESS
O WNER
Z'
At DESCRIPTION
OR SUE I
I I
Z
m
0
00
z
00
0 z
COUNTY PID NO.
12
31417-29-02-0090
36 North High Or NE
Dennis M 8 Ann. M Kuria
Lot 3. Block 1, H;inw's North High Addition
86.00
4300
43-M
52.04035
12.00M
36 North Hfigh D, NE
23-1069030
Hutchinson MN 55350
_13 _
31-117-29-02-0040
48 North H h Or NE
Kenneth & HiizO Schaefer
Lot 4, Block 1, Hene.'. Nodh High Addition
0.00
0.00
30.00
Som
46 North High Dr NE
23-
Mrtclninson MIN 55350
74
3I-117-29-D2-0I40
1511 M Ave NE
Michael J CRson
LN 14, Block 11, Hanuin's North High Addkn
101.10
-5055
60.55
52398.110
32.39i.60
16959 1 00th $l
2� 106-01 C
Br ton MIN 55312
15
31=117m29-020550
411th Ave NE
Philip & Doreen Burka
LNO&Wly 1001W 5 &W10'cdLot7, Mock 1,
WIllucrii Subdhiidon
257,73
.1310.00
e3.V
63.87
53,03039
93.0.TOM
I lltfAvaNE
23- 104-0
Hubhlmon MN 553
16
31-117-29-020560
1001 maln St
KatNew & Omd Av.L.Jlwt
Lot 9, Block 1, W es SLbdM.Im
95.60
47.110
47.80
32,268.11
- .� 52
iml main sti'l
2 104-0090
Hutchinson MIN 55350
17
31. 117 - 29-020570
M Mein SIN
David P Dummw
51 32 of W227'of IN 1 1, Audhlom Pl S 112 Secb. 30
& N 12 Secfion 31417-29
132,00
-SE3.00
66.00
$3,131.70
! - I ;
33,131.701
999 Main SI
23-238-OOM
Kulchinaon MIN 55350
18
31-117-29-920830
4 ft Ave NE
Lm J & Chani, J SaM T"t
Lot 6, Block 1, Academy Acres Second Addlition
114.92
-114.92
0110
310.00
$0.00
4 M Ave NE
23-236-0060
HWcNn&on MN 55350
19
31.117-29-02-0650
5 9th Ave NE
Darrell A Ond,achek
W 2, Block Z Aca" Acroa Second Addition
89.84
-89m84
moo
som
$0.00
5 ft Ave NE
23-236-DOBO
Hutchinson MIN 55350
20
31.117-29-03-0010
900 Main Sl N
MIN Conference Assn of 71h Day AdYentsh
Ely 1/4 of Lot 22 EX 30 AcnmI, A Ws Plat S 1/2
Section 3081 Sectors 31-117-29 10 Acres
$4.104.00
54,800.00
808.01
.132.00
.338.01
mol
$16.03634
-
2
1126X2.34
7384 VJrkYoDd C1
23-2360130
Maple Grove MN 55369
21
31-117-29-06-0010
820 KA* St N
MIN Conference Assn of 7th Day Ad wdisti
30 Acres o(Ely 1/4 of Lot 2Z Auditoes Plat S 1/2
Secilon 30 & N 112 Srx.Wh 31-117-29
0"
31100
;j
50-00
7384 Krkvmod Ct
23232-0
Maple Grove W 55369
TOTAL ASSESSMENT ROLL NO. 5088
1 1
614,M.0
$17 07
X1 54
-MZ76
-1549.01t
1222.82
1 115A.M.011
1189,116,
•
C
N1 F Nk E iz l_ N11
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of Items for NE Trunk Storm Sewer Phase 2 and SE Trunk
Watermain & Sanitary Sewer Extensions Projects (Letting No. 2/ Project No. 08 -02)
DATE: May 27, 2008
City staff will receive bids on Tuesday, May 27 for the NE Trunk Storm Sewer Phase 2 and SE Trunk Watermain &
Sanitary Sewer Extensions projects. Upon reviewing the bids, City staff will prepare the necessary documentation that
will state the proposed assessments to the adjacent Stephen E. Lee property (only property being assessed). Thus, City
staff has prepared drafts of the necessary Resolutions and Notices to proceed with the property assessment process for
this project (revised actual documents will be provided at the Council meeting). Unless an Assessment Petition and
Waiver can be attained from Mr. Lee for Project Award at the June 10' City Council meeting, the Assessment Hearing
• and Project Award will occur at the June 24 City Council meeting.
We recommend that the Resolution Declaring Cost to be Assessed & Ordering Preparation of Proposed
Assessment, Resolution for Hearing on Proposed Assessment and Notice of Hearing on Proposed Assessment be
approved.
cc: Gary Plouz City Administrator
•
E
RESOLUTION NO. 13409
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5087
• LETTING NO.2/PROJECT NO, 08 -02
WHEREAS, cost has been determined for the improvement of:
Construction of NE Trunk Storm Sewer Phase 2 project on Maple Street NE from the
intersection of Northwoods Ave NE to 10th Ave NE and the future extension of 10th
Ave NE to the East and utility improvements near WWTF by utility infrastructure
installations by construction of trunk and lateral storm sewer, stormwater treatment
improvements, trunk and lateral watermain, trunk and lateral sanitary sewer, mass
grading, roadway grading, aggregate base, concrete curb and gutter, bituminous
base, bituminous surfacing, landscaping, restoration and appurtenances, and
and the bid price for such improvement is $ and the expenses incurred or to be
incurred in the making of such improvement amount to $ so that the total cost of the
improvement will be $
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City Is hereby declared to be
$ and the portion of the cost to be assessed against benefited property owners is
declared to be $
2. Assessments shall be payable in equal annual installments extending over a period of ten
• (10) years, the first of the installments to be payable on or before the first Monday in January, 2009
and shall bear interest at the rate of _ percent per annum from November 1, 2008.
3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by law, and
he shall file a copy of such proposed assessment in his office for public inspection.
4. The City Administrator shall, upon the completion of such proposed assessment, notify the
Council thereof.
Adopted by the Council this 27th day of May 2007.
Mayor
City Administrator
C�
M90
RESOLUTION NO. 13410
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5087
• LETTING NO.2/PROJECT NO. 08 -02
WHEREAS, by a resolution passed by the Council on the 27th day of May 2008, the City
Engineer was directed to prepare a proposed assessment of the cost of improving:
Construction of NE Trunk Storm Sewer Phase 2 project on Maple Street NE from the
intersection of Northwoods Ave NE to 10th Ave NE and the future extension of 10th
Ave NE to the East and utility improvements near WWTF by utility infrastructure
installations by construction of trunk and lateral stone sewer, stormwater treatment
improvements, trunk and lateral watermain, trunk and lateral sanitary sewer, mass
grading, roadway grading, aggregate base, concrete curb and gutter, bituminous
base, bituminous surfacing, landscaping, restoration and appurtenances.
WHEREAS, the City Engineer has notified the Council that such proposed assessment has
been completed and filed in his office for public inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. A hearing shall be held on the 24th day of June 2008, in the Council Chambers at Hutchinson
City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an opportunity to be heard with
reference to such assessment.
2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed
• assessment to be published once in the official newspaper at least two weeks prior to the hearing,
and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice
to be given to the owner of each parcel described in the assessment roll not less than two weeks
prior to the hearing.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Administrator, except that no interest shall be charged if
the entire assessment is paid by November 17th, 2008. He may at any time thereafter, pay to the
City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
Adopted by the Council this 27th day of May 2008.
Mayor
City Administrator
0
we
MEMORANDUM
• POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Dan Hatten, Director of Police / Emergency Management Services
DATE: May 15, 2008
RE: Consent Agenda Item — Lighting Upgrade
This memorandum is to request approval to proceed with the lighting upgrade for the police
department. I am requesting $11,400.00 from the capital improvement fund to cover the
cost of this project. Bids were received from GEB Electric, Jeffs Electric and Quade
Electric.
This upgrade to the building lighting system will save up to 12,660 watts of power with an
anticipated savings"6 4 000 anfiu[Mjr. Also this upgrade qualifies for a rebate from
Hutchinson Utilities 6etrveen $2,500 and $3,500.
• /lkg
2008 -01 -0007
•
c�ch)
GEB Ely, CT gIUa Sw
350 Sl;h 0553
3 20.58 -6590
YOLIC SM� 55350
1�G1IISS
MAY 1,2p08 BAL LAS vs Aa4vLOWS
SUB�E�: REPLACE ABO PROs'
E NT1OS BOB -FOIL T11E BALLASTS A� T g LOT
p,TT OF ITE
FOLLO`j71�C'1S AL1ST pOLEF�Ty1TES *1 TNELEC
Tl$ FLP.FF S WITHL � 400 LA1VS
1FEP 2�BALLAST LOTS
g.REPL p CE of B s S DBD E�pENCE ROOM
4.p1 PLA E B LSAIIDLAMPSTI,
6 . YLA AD MATRIAL PROVIDED SS 1400.00
A LL LABO
G EB ELEc . �A
g1} . 1C HBA� .
�,C h
GEB ELECTRIC
350 School Road SW
• Hutchinson, MN 55350
320 - 587 -6590
POLICE DEPARTMENT
10 FRANKLIN ST. SW
HUTCHINSON, MINN 55350
MAY 1, 2008
SUBJECT: REPLACE BALLASTS AND LAMPS
ATTENTION BOB,
FOLLOWING IS THE CALULATIONS FOR THE ABOVE PROJECT
APPROXIMATE EXITING LIGHTING LOAD IS 20,600 WATTS
ANNUAL COST PER YEAR IS APPROXIMATE $6,798
BASED ON 4 FT 2LAMP BALLAST .7 AMPS
EXITS 3.0AMPS
8 FT 2 LAMP 1.6AMPS
APPROXIMATE NEW LIGHTING LOAD 1S 12,420 WATTS
ANNUAL COST PER YEAR IS APPDXIMATE $4,100
BASED ON 41FT 2LAMP ELECTRONIC BALLAST .47 AMPS
EXIT .18 AMPS
DIFFERENTS OF 8,180 WATT S AT $300 PER KW REBATE _ $2,430
GEB ELECTRIC
it YA
BUTCH BAER
•
Gcti�
I I Hassan Sti-cel Southeast
Hutchinson, MN 55350
( 32 0 587 - 15 1 T arc (32 0) 2-3 4 -4240
Cit of Hutchinson
APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
Application T (choose one)
$125.00 Date of Application
$125.00
$125.00 Date(s) of Sale
$30.00
Ell Soficitw
El Transient Merchant
Cl Peddler
*arade Peddler
1W.10!1! M-0-
Name. cq-ig�--QY ��GlI7 �1�1
Heiuht: gellp tr wei 7�� E Color:
Driver's License Number: 111
State-. ��,
Pen-nanent Address: / 4
Cit
slate zxp
Pen-nanent Telephone:
-7 Cz.
Temporar Address:
oL
Cit
Slate zip,
1
Temporar Telephone Access.- r-601
Have y ou been convicted of an crime, misdemeanor, or violation of an municipal ordinance, other Than
tTaffic violations? C2 y es *Pniu
If yes, state the nawre of of en and punishment or penalt assessed therefore:
w
Ap.
leant Information . .............
City of Hutchinson
Appllcadon fw Peddlers, Solicitors, and Transient Merchants
Page 2 of 4
0
•
Location Info - ation - - - - - I - I I
A
Slate
Business Information
Describe rela tionship between applicant and employer: /
Describe nature of business and describe item(s) offered:
-Iell mod/
vot
4
;ve
Descnbe method of delivery:
d ai" 4 2
Describe so r e of supply:
up er Name
Suppler Phone Number
Supplier Address
fry rate ZIP
Supplier Name
Suppler Phone Number
Supplier Address
City State Zlp
Supplier Name
Suppler Phone Number
Supp lier Address
Cloy Slate zi
Provide two (2) property owners (preferably in McLeod County) for character references:
Ve. s.w. 4, hN s s -s
Property Owner Address Ciry State Zip
l aces (ef f� G, /Z - 8S'7 —�7�3
Property Owner Now Property Owner Phone Number
0 . Gv,~ o r Gho ve G'>zy O' / vac O-i f-y AV
0
u
•
City of Hutchinson
Application far Peddlers, Solicitors, and Tra ieni Merchants
Page 3 of I
List last (up to three (3)) previous city(ies) where you carried on same activity:
��a l� —P— — —
Qry - State Date of s) of Activity
�f Itee `1-O h _ '�- �z-- to i
Ciry State Dates) of Activity
to
Ciry State Date(s) of Activity
Checklist
The following items need to be completed and/or attached in order for the application to be processed:
Application/Investigation fee paid in full (check or money order): Ivyes ❑ no
Application completed in full and signed: es ❑ no
I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate.
I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance
No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding 51,000.00 or by
imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution.
's Signature
Use
f1 7
Police ❑ approved ❑ denied Notes:
City Council ❑ approved ❑ denied Notes:
H ll.a Applk.,..?,d&., SOI,hm. Tmuiem.d.
-n,
Dare
��J
Caw
MEMORANDUM
• POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Dan Hatten, Director of Police / Emergency Management Service
DATE: May 20, 2008
RE: South Central Minnesota Regional Radio Board — Joint Powers Agreement
Attached to this memorandum is the Jcint Powers Agreement for the South Central
Minnesota Regional Radio Board which requires council approval as well as the signatures
of the mayor and city administrator. Also attached is a document entitled "Regional Radio
Board Update" that explains the purpose of the joint powers agreement and the regional
radio board for your review.
To fulfill this agreement the council will need to appoint a member from its own
membership to serve on the board. Councilmcmber Casey Stotts has expressed interest
• to serve as the council's representative. Councilman Stotts has a good working knowledge
of the system and it would be my recommendation to appoint him at this time.
/Ikg
2008 -01 -0008
U
Joint Powers Agreement
South Central Minnesota
Regional Radio Board
0
Submitted by:
South Central Minnesota Regional Advisory Committee
May 14, 2008
11
U
5 -14 -08
VJ)
ARTICLE I - AUTHORITY PURPOSE AND DUTIES
is Section 1. Authority. This Agreement is entered into by the parties to this
agreement pursuant to the authority conferred upon the parties by Minnesota Statutes
471.59 and 403.39.
Section 2. Purpose. The parties to this Agreement wish to formulate a regional
radio board to provide regional administration of enhancements to the Statewide Public
Safety Radio and Communication System (ARMER) owned and operated by the State of
Minnesota and enhance and improve interoperable public safety communications. With
that objective in mind, the Parties to this Agreement wish to collectively prepare and
administer a plan which provides for the installation, operation and maintenance of local
and regional enhancements to the Statewide Public Safety Radio and Communication
System (ARMER).
This Agreement may be utilized to provide joint purchase of common individual
equipment. Joint purchase may occur when it is determined that standardization of
equipment is in the best interests of the Parties to this Agreement or when other
advantages might be achieved by joint purchases.
Section 3. Duties of the Parties to this Agreement
Subd. 1. Regional Radio Board A regional radio board composed as herein provided
shall have the responsibility for the planning, financing, development, design,
• construction, operation, management, control and administration of the regional
enhancement to the statewide public safety radio and communications system (ARIAER)
in accordance with the Statewide Public Safety Radio Plan and the technical and
Operational standards of the Statewide Radio Board.
Subd. 2. Local Enhancements and Improvements The regional radio board shall
coordinate all local enhancements to the statewide public safety radio and
communications system (ARMER) for jurisdictions and entities located within the
region. All local enhancements and improvements must be consistent with local plans
approved by the regional radio board. sub - regional and regional plans authorized and
approved by the regional radio board and the Statewide Public Safety Radio Plan adopted
by the Statewide Radio Board pursuant to statute. Improvements and enhancements arc
defined in the State Plan adopted by the Statewide Radio Board.
Subd. 3. Individual Duties. Each party to this Agreement shall establish such policies
and take such steps as may be necessary to ensure the integrity and continued operation
of this Board and to implement this Agreement and all requirements herein contained.
0
-3-
� 1
• The power to provide for user fees in contracts with system users and to assess
user fees upon system users within the region for capital and operational costs for
• regional and sub - regional enhancements and for administrative costs of the Board
in accordance with any Agreements with system users.
Section 2. Membership Appointment and Term
Subd. 1. Rmuirements for Participation Participation in the Board is restricted to
counties and cities that meet the following minimum requirements:
I. A County within or immediately adjacent to the south central region of
development that has committed to participation in regional communications
planning activities to achieve interoperability.
A City in a county or counties within or immediately adjacent to the south central
region of development that has committed to participation in regional
communications planning activities to achieve interoperability and contributes
substantially to the operation of a communications system within their respective
county or counties.
Subd. 2. Application for Participation The Board will establish policies and
procedures for application for participation in the Board.
Any County or City meeting the criteria for participation may request participation in the
Board in accordance with policies and procedures established by the Board.
• Subd. 3. Initial Participants Initial participants include:
Blue Earth County Brown County Faribault County
LeSueur County Martin County McLeod County
Nicollet County Sibley County Waseca County
Watomvan County City of Hutchinson City of Mankato
Each of these agencies is deemed to meet the minimum requirements for participation in
the Board.
Subd. 4. Membership The members of the Board shall be:
One County Commissioner from each county party to the Agreement.
One City Council member fi om each city party to the Agreement.
Subd. 5. Appointment - Members Representing Counties and Cities The members
representing counties and cities shall be appointed by their respective governing bodies
from the membership of that governing body. A successor must be appointed no later
than sixty (60) days following the date a member is no longer an elected official.
Subd. 6. Term - Members Representing Counties and Cities The term shall be for
one year and until a successor is duly appointed; however. a member so appointed shall
•
5-
Section 3. Officers, Meetings Quorum Rules Notices and Open
fleeting.
Subd. 1. Officers of the Board. The officers of the Board shall be a Chairperson and a
Vice - Chairperson and such other positions as the board shall create. All officers shall be
board members except as otherwise provided herein.
The Board shall select a Chairperson and Vice - Chairperson at its first meeting. The
Board shall appoint a recording secretary and make provision for the proper compilation
and promulgation of meeting minutes, notices and communications in compliance with
statute. The Board shall select such other officers as it deems appropriate. All officers so
selected shall serve until the next regular annual meeting.
The Board shall select a Chairperson, Vice - Chairperson, recording secretary and other
officers at the annual meeting.
The recording secretary is not required to be a member of the Board. If the Board selects
a non -Board member as recording secretary that person will not be a voting member of
the Board but will serve solely as a recording secretary without right of participation in
decisions or actions or matters before the Board.
Subd. 2. Meetings. The initial meeting of the Board shall be at a time and place
designated by agreement of the parties following approval of the Agreement by a
majority of the initial governing bodies.
• The Board shall meet at least annually, not later than .tune 1 of each year to review the
operation, management, control and administration of radio and communications systems
in its charge and approve the budget for the following calendar year.
The Board shall establish a schedule of meeting dates appropriate to the workload. The
Board shall provide a process for special meetings to be convened at the call of the
Chairperson of the Board or in writing by a majority of Board members.
The Board shall designate a location for all meetings of the Board
is
Subd. 4. Quorum and Approval of Action A quorum for the transaction of business of
the Board shall be a majority of the members (or designated alternate in the absence of
the member) of the Board. Any motion or resolution of the Board must be approved by a
majority of those members (or designated alternate in the absence of the member) in
attendance at the meeting unless a greater number is required by law or other rules or
policies adopted by the Board.
Subd. 5. Rules of Order. The conduct of all meetings shall be governed by rules.
policies and /or procedures adopted by the Board.
-7-
ARTICLE III - COMMITTEES
• Section 1. Regional Advisory Committee The administration of each party to
this Agreement shall appoint one staff person with specialized technical, operational or
administrative skills and responsibilities to represent that agency on the Regional
Advisory Committee. The initial membership shall be the existing Regional Advisory
Committee formed to develop a regional plan and recommend the creation of Rcgional
Radio Board. The members of the Regional Advisory Committee will serve until
replaced by the appointing authority. The Regional Advisory Committee shall establish
by -laws and procedures for its operation. The Regional Advisory Committee shall
designate, by majority vote, a member to serve as a voting member of the Board and an
alternate. Such selection shall be on an annual basis. The Regional Advisory Conunittee
shall be required to:
• To review all recommendations to the Board from all other committees regarding
policies and procedures prior to Board action.
• To provide technical recommendations to the Board on matters affecting
technology and system planning and development.
• To develop and recommend administrative procedures for the Board.
• To recommend an annual budget for the South Central Minnesota Regional
Board.
• Such other duties as may be defined by the Board.
• Section 2. Regional Radio System User Committee The administration of
each party to this Agreement shall appoint at ]cast one (1) and not more than five (5)
representatives to the Regional Radio System User Committee. These representatives
should be members of law enforcement, fire service, EMS providers, emergency services
staff and other groups or disciplines providing a representative committee of the users of
the radio systems. The parties to this Agreement are strongly urged to cooperate to ensure
a balanced committee with ample representation of the entire user community. The
members of the Regional Radio System User Committee will serve until replaced by the
appointing authority. The Regional Radio System User Committee shall establish by-
laws and procedures for its operation. The Regional Radio System User Committee shall
designate, by majority vote, a member to scree as a voting member of the Board and an
alternate. Such selection shall be on an annual basis. The Regional Radio System User
Committee shall have the following responsibilities:
• To recommend to the Regional Advisory Committee such policies and procedures
as may be required or necessary for consistent, reliable quality radio interoperability
throughout the region.
• To recommend to the Regional Advisory Committee such policies and procedures
as may be required or necessary for integration of local and regional sub - systems
into the ARMER system.
•
i�
LP L)
ARTICLE IV - ADMINISTRATION
• Section 1. Administrative Services. The Board shall establish policies and
procedures for the administration of the affairs of the Board.
Blue Earth County shall provide all necessary administrative services for the full
functioning of this Agreement. The services shall be provided under the direction and
control of the Board. These services shall include, but are not limited to, financial, legal,
human resources, and general administration. The Board shall provide a policy for the
reimbursement of all administrative costs incurred by Blue Earth County to be distributed
among the parties to this Agreement in a fair and equitable manner reflective of the
extent of participation and use of services.
Section 2. Employees The Board shall have the authority to hire and retain such
employees as are deemed necessary by the Board. Such authority is limited by the budget
approval process herein provided.
Section 3. Employees of Parties to the A2reement Employees of the Parties
to this Agreement shall not be considered employees of the Board for any purpose
including, but not limited to, salaries, wages or other compensation or fringe benefits;
worker's compensation; unemployment compensation or reemployment insurance;
retirement benefits; social security; liability insurance; maintenance of personnel records
and termination of employment.
Section 4. Joint Purchasin The Parties to this Agreement may purchase or sell
• equipment, materials, supplies and fixtures under a joint arrangement or bidding process,
or any other such arrangement the Board deems appropriate and consistent with
Minnesota statutes.
Section 5. Inventorv. The Board shall maintain in its records an inventory of all
real and personal property.
Section 6. Contracts and Biddiffl Contracts shall be let and ]cases, purchases,
rental and sales of equipment and supplies, professional or other services for regional and
sub - regional enhancements and improvements to the backbone shall be made by the
Board in accordance with the legal requirements applicable to the Parties to this
Agreement.
•
t, CD
Subd. 3. Recional Costs
• • Capital costs for enhancements that benefit the region should be allocated in a
fair and equitable manner to all users within the region. The costs must be
approved separately by the Board before inclusion in the budget.
• Operational costs associated with regional enhancements are the responsibility
of all users within the region and should be allocated in a fair and equitable
manner reflective of the extent of participation and use of services.
Subd. 4. Administrative Costs The parties to this Agreement shall contribute each year
to a General Fund. The manner of the distribution of the administrative costs between the
parties shall be determined by the Board to provide a fair and equitable distribution
reflective of the extent of participation and use of services. The General Fund shall be
used for general administrative purposes including, but not limited to: Board expenses,
staff expenses, equipment, purchase of professional or other services, purchase of
supplies, insurance and bonds.
Section 3. Budget Adoption Process and Objection to Budoet /Financial
Contribution.
Subd. 1. Budget Adoption On or before June I st of each year, the Board shall, by
approval of a majority of all members of the Board, adopt a proposed budget for the
following year. The budget shall include the total amount projected for administrative
expenses, operational expenses and capital expenses. The Board shall certify the budget
• on or before June I st to the governing bodies of the Parties to this Agreement, together
with a statement of the proportion of the budget to be contributed by each party. By July
I" of each year the Parties to this Agreement shall approve or object to the proposed
budget and the parties' financial contribution and give notice of its action to the Board.
The budget shall be deemed approved in the absence of action by August 1 ". Final action
adopting a budget for the following calendar year shall be taken by the Board on or
before August 15 "' of each year.
Subd. 2. Objection to Budget /Financial Contribution Any Party to this Agreement
objecting to their financial contribution may request to meet with the Board and attempt
to resolve any differences. If this c1lort is unsuccessful any party which has objected to
its financial contribution may withdraw from this Agreement as provided herein.
Subd. 3. Pavment of Contribution Each party to this Agreement shall be invoiced for
required contributions in a manner determined by the Board and within the budget year of
the required contribution. The contribution of each party to this Agreement shall be paid
not later than 30 days following receipt of invoice. y
Section 4. Expenditure of Funds All funds shall be expended in a manner
determined by the Board, but the method of disbursement shall agree, as far as
Ll
13-
ARTICLE VI - NOTICES BREACH WITHDRAWAL AND
TERMINATION
• Section 1. Notices. All notices required or permitted to be given by any party to this
Agreement shall be in writing and shall be sent by first class mail to the administrative
Offices of the other parties. A notice shall be timely if postmarked on the day it is due. In
the case of a notice requiring action by the governing body of a party to the Agreement,
the response shall include a certified copy of the resolution, motion or minutes of the
governing body.
Section 2. Breach of ALYreement If any party breaches this Agreement and is
given written notice of the breach and the nature thereof, the breaching party shall have
thirty (30) days in which to cure the breach. Additional costs incurred by the parties to
this Agreement resulting from the breach shall be the responsibility of the breaching
party.
Section 3. Withdravi from Agreement. Any party may withdraw from this
Agreement by resolution adopted by a majority vote of the full membership of its
governing body and by formal written notice to all the parties to this Agreement and the
Board. The notice shall include a certified copy of the adopted withdrawal resolution. A
withdrawal shall only be permitted as specified in this section.
Subd. 1. Withdrawal Limitations. No withdrawal shall be permitted until the
withdrawing party has made provision for the full repayment of any obligations issued to
finance or refund the financing of any portion of the system for which the withdrawing
• party has responsibility and previously approved as provided in Article 5, Section 2,
subdivision 2 of this Agreement.
Subd. 2. Withdrawal Notification Period. After the December 31" following
repayment in full of any obligations issued to finance or refund the financing of any
approved portion of the system, withdrawal shall only be permitted if the notice required
pursuant to this section is given at least one year in advance of the withdrawal, but no
later than December 31" of the year prior to the intended withdrawal. i.e. notice by
December 31, 2019 for withdrawal on December 31, 2020. The withdrawal shall not
affect the continuing liability of the withdrawing party for continuing obligations
incurred that had the approval of the party prior to the notice of withdrawal, including
(case- purchase or installment purchase obligations. To the extent permitted by law, the
withdrawing party shall also be obligated for continuing obligations of the Board directly
related to the services or activities of the Board which are caused by the withdrawal.
Subd. 3. Distribution of Property on Withdrawal A withdrawing party shall not be
eligible for the distribution of any property or assets at the time of withdrawal except as
otherwise specifically provided in this Agreement.
•
-15-
c�c,�
ARTICLE VII - AMENDMENTS TO THE AGREEMENT
• Section 1. Proposal and Notification
Subd. 1. Proposal Amendments to this Agreement may be proposed by any party to the
Agreement.
Subd. 2. Notification Notice of the proposed amendments shall be sent by the initiating
party or parties to the Board and all parties to the Agreement.
Section 2. Approval and Adoption
Subd. 1. Approval. Amendments to this Agreement shall be reviewed by the Board and
then submitted with comment and recommendation for consideration by the governing
body of each party to the Agreement. Adoption of an amendment to this Agreement must
be approved by resolution of each governing body party to this Agreement before it shall
become effective.
Subd. 2. Signatures Required An amendment shall require the proper signatures of
each party to this Agreement and shall become an addendum to this Agreement.
0
0
_17_
ARTICLE IX — INDEMNIFICATION AND LIABILITY
• Section 1. Mutual Indemnification and Hold Harmless.
This section shall survive termination of this Agreement or a party's withdrawal from the
Agreement.
1. Applicability The South Central Minnesota Regional Radio Board shall be considered
a separate and distinct public entity to which the Parties have transferred all responsibility
and control for actions taken pursuant to this Agreement. The South Central Minnesota
Regional Radio Board shall comply with all laws and rules that govcm a public entity in
the State of Minnesota and shall be entitled to the protections of M.S. 466.
2. Indemnification and Hold Harmless The South Central Minnesota Regional Radio
Board shall fully defend, indemnify and hold harmless the Parties against all claims,
losses, liability, suits, judgments, costs and expenses by reason of the action or inaction
of the Board and /or employees and /or the agents of the South Central Minnesota
Regional Radio Board. This Agreement to indemnify and hold harmless does not
constitute a waiver by any participant of limitations on liability provided under
Minnesota Statutes, Section 466.04.
To the full extent permitted by law, actions by the Parties pursuant to this Agreement are
intended to be and shall be construed as a "cooperative activity" and it is the intent of the
Parties that they shall be deemed a "single governmental unit" for the purpose of liability,
as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further that for
Purposes of that statute, each Party to this Agreement expressly declines responsibility
• for the acts or omissions of the other Party.
The Parties of this Agreement are not liable for the acts or omissions of the other
Participants to this Agreement except to the extent to which they have agreed in writing
to be responsible for acts or omissions of the other Parties.
Section 2. Insurance.
The Board may obtain such insurance it deems necessary to indemnify the Board and its
members for actions of the Board and its members arising out of this Agreement.
- 19-
Nicollet County Siblev CountN
• Chairperson of County Board Chairperson of County Board
Attest
Date
Waseca Counh
Chairperson of County Board
Attest
Date
Citv of Mankato
•
City Manager
City Clerk
Date
•
Attest
Date
Watonwan County
Chairperson of County Board
Attest
Date
City of Hutchinson
Mayor
City Clerk
Date
-21 -
Waseca County
Bruce Boyce. Administrator
• 307 N. State St.
Waseca, MN 56093 -2932
Watonwan County
Donald Kuhlman, Auditor
710 2nd Ac. S.
St, James, MN 5608 1 -1 74 1
City of Hutchinson
Gary Plotz, Administrator
1 1 I Hassan St. S
Hutchinson, MN 55350
City of Mankato
Pat Hentges, City Manager
10 Civic Center Plaza
Mankato, MN 56001
•
F
LJ
23 -
REGIONAL RADIO BOARD UPDATE
SUMMARY: In June, the Board will be asked to approve a Joint Powers Agreement to join the South Central Minnesota
Regional Radio Board (RRB)
�CKGROUND: Why is this happening?
1. The public safety radio infrastructure in Minnesota needs updating due to:
- increased interoperability requirements
-FCC 2013 "narrow- banding" requirements
2. What is the ARMER backbone?
-a digital radio infrastructure to promote interoperability between agencies
-not necessarily an 800 MHz system (digital VHF also works)
3. What has happened so far
-Metro Regional Radio Board funded 1997 - initial metro radio backbone operating since 2001
-2004 legislature provided for outstate regional radio boards
- originally, outstate backbone was to be funded /built in phases over many years (BEC originally in Phase 5)
- 2007legisloture provided funding to complete entire outstate backbone on an accelerated schedule
4. How do we accomplish all of the above?
-Step 1: form Regional Radio Advisory Committees (RAC's)
-Step 2: form Regional Radio Boards (RRB's)
5. What is the South Central Minnesota Regional Advisory Committee (RAC)?
- purpose of a RAC is to bring agencies together to approve a Joint Powers & form a Regional Board (RRB)
-until the RRB is formed, the RAC is the conduit for State radio grant money
• current RAC members:
- Counties Blue Earth, Brown, Faribault, LeSueur, Martin, McLeod, Nicollet, Sibley, Waseca, Watonw3n
- Cities: Hutchinson, Mankato
6. What's the difference between a RAC & a RRB? A Regional Radio Board:
is responsible for developing and implementing regional interoperability plans, policies and procedures
-is responsible for coordinating with the State Radio Board
-can apply for and hold licenses for public safety frequencies to be used regionally and locally
-can acquire property, both real & personal, necessary for accomplishment of its purposes
-can apply for & receive grants on behalf of one or more member counties
-can establish user fees to offset the cost of operations
-can contract w /State agencies and local subdivisions for management of local radio sub - systems
- establishes these committees: Technical, .Administrative, Operations, Radio Users, Owners /Operators
-(the RAC also continues as an operating committee, handling the day -to -day work of the RRB)
7. Regional Radio Board Representation
-each county appoints one Commissioner to the RRB
-each city appoints one I'vtayor /Council member to the RRB
-other non - voting members appointed from various RRB committees
S. Regional Radio Board Budget
- county and city yearly fees to be determined by a Regional Radio Board - approved cost sharing formula
9. • RRB Joint Powers Agreement (JPA) approval schedule
5/14 South Central RAC reviews suggested changes and approves a final JPA
5/15 -6/11 JPA presented to county boards and city councils for final approval
(, C�)
A. General instructions to bidders
The " City' or "purchaser in this document refers tote City of Hutchinson, 111 Hassan St SE, Hutchinson, MN
• 55350.
Purchase documents consist of the following:
a) General Instructions to bidders
b) Scope and purpose
c) Purchasing process
d) Detailed specifications
These specifications represent the minimum requirements. You may specify items that you feel would meet the requirements
identified in the Scope and Purpose section of this document Naturally, you may specify any Item that exceeds these
minimum specifications. Any deviations should be clearly noted.
Your bid and supporting documents must include a description of the bag film, detailed specifications, and the total price.
Any exceptions for missing components shall be duly noted in the written bid. The bid you provide must be
adequate so the City of Hutchinson may analyze the bag film for use.
The city understands that the bid does not require payment of sales tax, under Section 297A25, Subdivision 28 of the
Minnesota Sales Tax and Use Law (Resource Recovery Facility Exemption Certificate). In the event it is determined sales
tax is to be paid, the payment will be the responsibility of the city.
The bid you submit must be clearly marked on the outside of the envelope that it is a proposal for the bag fin or must be
enclosed in a separate, marked envelope inserted into another. The bid shall be accompanied by a cashier's check, bid bond,
or certified check, payable to the City of Hutchinson, Minnesota, for not less than fore percent (5 %) of the amount bid. Ali
checks will be held for sixty (60) days or until a contract is signed. Subsequent to that time, all non - forfeited checks or bid
bonds will be returned to the bidders.
The Hutchinson City Council reserves the right to reject all or parts of bids and to waive any informalities and irregularities.
•No contract exists until authorized by action of the City Council. Copies of the specifications will be fumished upon
request by contacting the City of Hutchinson. The Council of the City of Hutchinson will receive bids at the office of the City
Administrator until 9:30 a.m. Monday June 16th. Bids wit be opened at 10-00 a.m., Monday June 16th, at the
Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN 55350.
Send your bid to:
Creek Side Soils Bag Film Proposal
City of Hutchinson
111 Hassan St SE
Hutchinson, MN 55350
All inquiries and other correspondence to this request for bids or these specifications, both prior to and subsequent to the
letting of the related contract are to be with and addressed to:
Douglas Johnson
General Manager
Creek Side Soils
City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
Phone: (320) 234 -5642
•
�OW)
B. Scope and Purpose
These specifications are intended to provide general description forte purchase of
Up to 500,000 impressions of bag faro depicting the Creek Side product logo, a desorption of contents and be of such
durability to allow such soil products to be distributed and sold to a regional customer base.
C. Purchasing Process
1. Advertising for bids. Advertisements are placed in the City's official newspaper. Advertisements are placed at least
once on a Tuesday or Thursday, which are the paper's publications days. In order to solicit adequate proposals, the City
may, at its option, send advertisements directly to selected vendors.
2. Receiving requests for information from potential bidders The City encourages questions from bidders. Bidders or
their representatives are invited to establish the contacts with City staff they feel are necessary to gain an understarxfing of
the City's operation and packaging needs. The purpose of communication between bidders and the City is to provide
information necessary so bidders can present a proposal they feel will best suit the Citys packaging needs.
3. Responding to bidder requests Any questions that bidders may have regarding specifications, the purchasing process,
orthe packaging needs will be answered as soon as possible after they are received. It is the City's intent to provide open,
honest communication with bidders regarding packaging needs and outcome expectations.
4. Bidders prepare their bids Bidders prepare proposals they feel will best suit the City's packaging needs. Bidders are
encouraged to identify the unique features or characteristics of the packaging products they are proposing.
5. Analyzing the bid proposals Once the City receives bids, City staff members will analyze each proposal. If
questions arise during the analysis, they will be noted and bidders will be contacted for answers. Analysis is the
most critical step forth- City, so bidders are encouraged to include as complete a package of information as possible.
6. Scheduling pre - purchase inspections demonstrations and reference checks if necessary Ba sed on its analysis, the Cry
may request bidders to offer an inspection, demonstration or have bidders prepare a list of references for similar
• packaging products. The purpose of any inspection, demonstration, or reference check will be to determine ifthe
packaging product proposed is suitable for the City's packaging needs.
7. Presenting bids that meet minimum expectations to the 9yti Count Once all bids are analyzed, those that meet
minimum requirements will be presented to the City Council at one of their regularly scheduled meetings. The City Council has the
final authority to accept, reject, or request modifications to a bid. The City Council is the final purchasing authority. No
purchase agreement is valid until it is approved by the City Council.
8. Naming a successful bidder The City Council announces a successful bidder after their analysis.
In determining the successful bidder, the Council may take into consideration not only the lowest price offered, but also the
actual capability of a bidder to perform the proposed contract. The Council may exercise reasonable discretion
in determining who is the lowest responsible bidder. The Council may consider, in addition to the proposal price, the quality,
suitability, and adaptabifty of the equipment for its intended use. The Council may also consider, in addition to price, the
proximity of repair and service facilities. The Hutchinson City Council reserves the right to reject all or parts of bids and to
waive any informalities and irregularities.
The Council must deem a bidder as being responsible. "Responsible" means that the bidder is capable of performing the
proposed contract, is financially responsible, and displays integrity, ability, skill, and the likelihood of providing faithful and
satisfactory service.
•
C40
Once a successful bidder is named, City staff members will meet with the vendor to determine any final information
the Council requests. At this time, matters specific to the bidder's proposal will be clarified.
9. Issuing of purchase order for the packaging products Once the arrangements are made with the successful
bidder and a purchase agreement is signed, the City Administrator and/or the City Finance Director will issue a purchase
order for the entire amount stated in the contract, which is considered the full purchase price for the packaging products.
After purchase orders are issued, the packaging products can be delivered pursuant to terms of bid package. If there
are change orders to the packaging products authorized by the City during the process of procuring the packaging
products, the bidder will provide a detailed description of the changes, along with the associated deductions or
charges.
10. Receiving and inspecting the packaging products Before accepting the packaging products, the Ctly will
conduct inspections using private contractors or internal staff. These inspections are made to ensure that all
the packaging products ordered was received, is operable as designed, and that al approved specifications were
met Any deficiencies will be noted and the bidder will have to correct them before the City accepts the packaging
products.
11. Final acceptance of the packaging products Once all deficiencies noted during any inspections are corrected,
the packaging products will be accepted.
1. Bidder to submit invoice. Payment terms will 90% of accepted packaging products at time of
invoicing by bidder and approval by city council. 10% will be withheld to insure the packaging products
operate in an acceptable manner with the packaging equipment utilized by the City of Hutchinson and
the impressions listed on pallets is accurate with the actual count by City of Hutchinson employees.
D. Detailed Specifications for soil packaging products.
Please see attached specifications.
•
\J
(-�k 0-
. General Conditions and Specifications
For
Soil Packaging Products
•
City of Hutchinson, Minnesota
May 27 2008
•
(0(0
4-HPAIXORTivil
Description of Soil Packaging Product (size, thickness, color process, operationals attributes):
Product Type Quanti 2008 season Bid
40 lb. CreekSide film
Topsoil 200,000 bags $
10 lb Potting soil 25,000 bags $
Sand 15,000 bags $
40 Ib.Wonder Blend
Manure 120,000 bags $
20 LB Splendor Gro film
20 lb Potting soil 25,000 bags
Combined total 385,000 bags
1J
Product Graphics Development (set -up, film & plate)
Included Yes No
If no, $
2 mths
Storage/Warehousing Costs, if any: $ /6 mths
5% bid bond or cashier's check enclosed: Yes No
Number of days for delivery, after bid is awarded:
Letter of bank credit in the amount of $10,000 enclosed:
"will be returned after full shipment
General Warranty: Yes No Duration
Bidder's Name and Address:
Note: CreekSide Compost Facilities is a tax - exempt entity
SOIL PACKAGING BID
CITY OF HUTCHINSON
• DBA AS CREEK SIDE SOILS
The City of Hutchinson DBA Creek Side Soils will entertain bids from all interested vendors for the purpose of fulfilling
uL)_
printed soil packaging (bag film) needs from July 1, 2008 through January 31, 2008
Creek Side Soils employs a Premier -Tech model FFS 200 as its' packaging unit. Unit specifications are included in bid
packet
All bag counts are aggregates of total product lines. Creek Side Soils produces three product lines thereby requiring three
• different sets of packaging graphics.
All rolled stock of completed packaging product shall be tagged with product identification and number of impressions per
roll. If placed on pallet with multiple rolls, the pallet shall be tagged with total number of impressions on pallet (aggregate
of roll impressions).
All rolls of packaging film must be rolled so that the rolled sides are even with no vacillating edging to the rolls.
Creek Side may desire to purchase miscellaneous, small quantities of specialized packaging film throughout the term of
this contract.
All pricing will include delivery to Creek Side Soils in Hutchinson, MN during regular buisness hours
Packaging film bid items:
40 pound product (printing one side) : 27.5" WEB X 18.25" RPT X .003 MIL / #3 unwind/ core diameter 3"
minimum / roll diameter 40" maximum / white opaque film / UVI low slip / 7 color process.
Alternate: .00275 MI
Quantity 2008: 200,000
2. 20 pound product (printing one side) : 23" WEB X 16" RPT X .003 MIL 143 unwind / core diameter 3"
minimum / roll diameter 40" maximum / while opaque film / UVI low slip / 7 color process.
Altemate: .00275 MIL
• Quantity 2008: 25,000
3. Wonderblend 40 pound product (printing front and back): 29.5" WEB X 18.5" RPT X.003 MIL / #3 unwind /
core diameter 3" minimum / roll diameter 40" manximum / opaque film / UVI low slip / 7 color process.
Alternate: .00275 MIL
Quantity 2008:120,000
4. Creekside washed sand (printing one side ) 22.5 WEB X 15 RPT X .004 MIL / #3 unwind /core diameter 3"
minimum /roll diameter 40" maximim / clear film / uv low slip / 7color process.
Quantity 2008: 15,000
•
ULO
MEMORANDUM
L
•
DATE: May 21, 2008 for the May 27, 2008 City Council Meeting
TO: Hutchinson City Council
FROM: Rebecca Bowers, AICP, Planning Director
SUBJECT: PETITION FOR ANNEXATION OF 16.8 ACRES INTO THE CITY OF
HUTCHINSON FROM SECTION 31, HUTCHINSON TOWNSHIP, REQUESTED
BY STEPHEN E. LEE AND CITY OF HUTCHINSON
Background:
The City of Hutchinson has received a petition for annexation of approximately 16.8 acres that
abuts City limits, in Section 31 of Hutchinson Township, as identified below:
y
3
•
The northerly half is owned by Mr. Lee and the southern half of the property was recently
sold to the City of Hutchinson for construction of stormwater pond. A parking lot for
Northwoods Park is also proposed on the City -owned portion of the site. The northerly half
of the property would be kept by Mr. Lee for future development. The annexation would
allow future development by appropriately planning for the extension of municipal services.
City Council Memo
May 27, 2008
• Page 2
The City's Comprehensive Plan identifies the property as 'Traditional Residential
Neighborhood" and shown as appropriate for development between 2005 — 2010 on the
City's staging plan. Additional City review and approvals would be required for future
development.
Annexation Process
As there is no orderly annexation agreement in place with Hutchinson Township, the
proposed annexation can be done by ordinance. This annexation process requires mailed
notices to adjacent landowners and the township and a 30 day comment period. The
required notices have been mailed and a public hearing notice was published in the
Hutchinson Leader on May 15"'. After consideration by the Council, the annexation will be
forwarded to Office of Administrative Hearings /Municipal Boundary Adjustments for action.
Upon annexation, the property is automatically zoned to R -1 (Single Family Residential), as
specified in the Zoning Ordinance.
Requested Action:
Approval of the attached ordinance to extend the corporate limits of the City of Hutchinson to
• include approximately 16.8 acres in Section 31, Hutchinson Township.
•
QF
0
x
Z 1.0
rME IINx
MI�N.«r
..
N
.__— .._.. —.. —_. _..• _ (CO RD NO 79) —
—
Ir
r I NORTH HWm DRIVE NE
!]
-
I `
NORTHJHIGH �Ig �P[[.n(� 'MWY171Y' -,
HANSF1N S
�
ILMV17 ti''lON.00 ,\!2'39711
20m
6
2!
`5 !
E r
'�NNOq»IERL g
CERTIFICATE OF SURVEY FOR THI
e
a •
w..L IN N
..
N
.__— .._.. —.. —_. _..• _ (CO RD NO 79) —
—
e
�!
rNerwm w.wiux .aN NONMR..NN[g
N
ELEVENTH AVENUE
w v1.0 u, a Yhiam] MT Y. M ]mix W M A<Twi b M
Ir
�
!]
I `
NORTHJHIGH �Ig �P[[.n(� 'MWY171Y' -,
W.w.wry.
�
ILMV17 ti''lON.00 ,\!2'39711
20m
J�a
50
2!
`5 !
E r
'�NNOq»IERL g
..
r
rwr.l.Nrxr/w.. wrrr.Ir. l.wrriL M.yi
lw�
'
TENTH AVENUE
9
IM.a1.r LN a..MGf] Mipf M']mw11V (Y XCRIINY
z I s
�t
N
ADD ITION
U LOT
6
S
eF
�o
o�
S
p � di a2 gg
w
\jOa
n� X030'
04 S
Pi
Nom` ?c
N �,E
S , N1\•yy.
IT! 0���
I \s' c - • . 1.o e-h o �-
;+ )f Y N ' " 1 ?C GEA PARCEL
i
S a; T o, v9
L LoLr
NaLCIq\ ; ONp mxnm
1 1 2 1 J II 4 II S 6
L_.._.� HILLCRES AD ION
NORTHwom -t
38403495
�!
rNerwm w.wiux .aN NONMR..NN[g
N
....
w v1.0 u, a Yhiam] MT Y. M ]mix W M A<Twi b M
wrwwrr ww Nr.re� I I
i,
- IW'41W'V 24fM-' /
' w.. ° � " • t.. « w. ww � r. u�..l i
NINLNa.r«l n. .l n. ]..r NxNf..xr ]Oww
• �f ...W .M F..N w J NI l« a T.N 1..<�Iwu. Rn ]C M.. r
•�• « rY IN \ 4 IM w41 N \..N.I.a w .Yy. M r.. N MJ IN L i
(� FrOwrr YwwMMIf Y/w x \.tea
• e.r N Lx L N w Yn.'. M1. « .Y L.M Ov -M .r H.w b .
L ..x w ..tr NO NO rr .I r r..ni..0 ...« .r Nw l« a w
..mn x rwo..r fw.J fw.N.i awa is r r a xv w x Nb.N
wx r x .Y L« r ....Y bON Iw Llrr Y r xY. M
N ...NL «•.rrunr. rW «rrw. w -M .rww bw
csr. S.rW4.rr n. h «w N..IW rillw. f.«]COr
rrr Nr WNIrw 1... mae M
I I
WALNUTIRIDGE
TOWNH USES
•.ICr�r ..�
N
�!
rNerwm w.wiux .aN NONMR..NN[g
....
w v1.0 u, a Yhiam] MT Y. M ]mix W M A<Twi b M
�
!]
Nww`r..r'r
W.w.wry.
f a L LOT 7
t
..x YMrin a.a.r..M WEOW „..Yi
w, wu r N rwN L . aNaw. t1P
=T,
...N....rh. M✓•.I w,
• . r Ire rw.. w.Mr. w4 irr4..N M N
4r
T j
Mr. ]I
4 w.w.
... .Nwe..-]I'rr.Nlawr.LIw'YOIi .aM4
M
2
Y � S
Y
r
rwr.l.Nrxr/w.. wrrr.Ir. l.wrriL M.yi
lw�
'
Kst o. rw ]meN1a. ]NKIL
9
IM.a1.r LN a..MGf] Mipf M']mw11V (Y XCRIINY
r..«. ten., NN.]r rwrxrin a. hrow..r.lar
Qp.
M.4N .w Iln wN w M .M LN L . an... N }LLn Nn r W .n
..Cr..L rr.. m'rr. [.n IOIU IwC rN. 4wi C xw.n
M.M Lw � M awn/Y N.a Y MI .I
r w r wYr N w�4
I I
WALNUTIRIDGE
TOWNH USES
•.ICr�r ..�
N
® I
.«
....
ww
Nww`r..r'r
hw.
Y Y V'.N
ORDINANCE NO. 08 -0504
• AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF
HUTCHINSON TO INCLUDE CERTAIN LAND THAT ABUTS THE MUNICIPALITY
AND IS LESS THAN 120 ACRES PURSUANT TO MINNESOTA STATUES
414.033, SUBDIVISION 2 (3)
WHEREAS, the City of Hutchinson and Stephen E. Lee are requesting that certain land be
annexed to the City of Hutchinson, as legally described below, and:
Description for Northerly Parcel:
That part of Lot 6, Auditor's Plat of the South Half of Section 30 and the North Half of Section 31,
Township 117 North, Range 29 West, described as follows: Commencing at the northwest comer
of the East Half of the Northeast Quarter of said Section 31, being the northwest comer of said Lot
6; thence South 89 degrees 41 minutes 31 seconds East, along the north line of said East Half of
the Northeast Quarter, being the north line of said Lot 6, a distance of 413.00 feet to the point of
beginning of the land to be described; thence South 2 degrees 39 minutes 59 seconds West, parallel
with the west line of said East Half of the Northeast Quarter, being the west line of said Lot 6, a
distance of 384.00 feet; thence westerly, parallel with the north line of said Lot 6 a distance of
179.00 feet; thence southerly, parallel with the west line of said Lot 6 a distance of 20.00 feet;
thence westerly, parallel with the north line of said Lot 6 a distance of 204.00 feet; thence
southerly, parallel with the west line of said Lot 6 a distance of 299.72 feet; thence North 89
degrees 57 minutes 21 seconds East 95.01 feet; thence south 84 degrees 32 minutes 55 seconds
• East 79.01 feet; thence South 68 degrees 42 minutes 00 seconds East 108.43 feet; thence South 82
degrees 06 minutes 18 seconds East 140.54 feet; thence South 89 degrees 36 minutes 25 seconds
East 290.27 feet to the east line of said Lot 6; thence northerly, along said east line of Lot 6 to the
northeast corner of said Lot 6; thence westerly, along the north line of said Lot 6 to the point of
beginning.
Description for Southerly Parcel:
That part of Lot 6, Auditor's Plat of the South Half of Section 30 and the North Half of Section 31,
Township 117 North, Range 29 West, described as follows: commencing at the northwest corner
of the East Half of the Northeast Quarter of said Section 31, being the northwest comer of said Lot
6; thence south 89 degrees 41 minutes 31 seconds East, along the north line of said East half of the
Northeast Quarter, being the north line of said Lot 6, a distance of 413.00 feet; thence South 2
degrees 39 minutes 59 seconds West, parallel with the west line of said East Half of the Northeast
Quarter, being the west line of said Lot 6, a distance of 384.00 feet; thence westerly, parallel with
the north line of said Lot 6 a distance of 179.00 feet; thence southerly, parallel with the west line of
said Lot 6 a distance if 20.00 feet; thence westerly, parallel with the north line of said Lot 6 a
distance of 204.00 feet; thence southerly, parallel with the west line of said Lot 6 a distance of
299.72 feet to the point of beginning of the land to be described; thence North 89 degrees 57
minutes 21 seconds East 95.01 feet; thence South 84 degrees 32 minutes 55 seconds East 79.01
feet; thence South 68 degrees 42 minutes 00 seconds East 108.43 feet; thence South 82 degrees 06
minutes 18 seconds East 104.54 feet; thence South 89 degrees 36 minutes 25 seconds East 290.27
• feet to the east line of said Lot 6 thence southerly, along said east line of Lot 6 to the southeast
comer of said Lot 6; thence westerly, along the south line of said Lot 6 to the easterly corner of
V1 ulnaaL O11V. va
City of Hutchinson /Stephen Lee Annexation
May 27, 2008
Page 2
Hillcrest Second Addition, according to the recorded plat thereof; thence westerly, along the north
line of said Hillcrest Second Addition, to the intersection with a line parallel with the west line of
• said Lot 6 as measured from the point of beginning; thence northerly, 532.22 feet along said
parallel line to the point of beginning.
WHEREAS, said property is unincorporated and abuts the City of Hutchinson on its northeastern
boundary, is approximately 16.8 acres in size, and is not presently served by public water or sewer
facilities; and
WHEREAS, the City of Hutchinson (southerly parcel) and Stephen E. Lee (northerly parcel) are the
sole owners of the property, the property is not included within any other municipality, and is not included
in any area that has already been designated for orderly annexation pursuant to Minnesota Statues
414.0325, and
WHEREAS, the City of Hutchinson held a public hearing on May 27, 2008, and
NOW, THEREFORE, the City Council of Hutchinson, Minnesota does hereby ordain:
SECTION 1. The City Council hereby determines and finds that the prop abuts the
municipality and is less than 120 acres, that the area to be annexed is approximately 16.8 acres, that the
property is not included in any area that has already been designated for orderly annexation pursuant to
Minnesota Statues 414.0325, and that the request complies with all of the provisions of Minnesota
Statutes 414.033 Subd. 2 (3). and
SECTION 2. The property abuts the city limits and is about to become urban or suburban in
nature and that the property is about to be developed by the City of Hutchinson for stormwater
management facilities and allow future development by appropriately planning for the extension of
• municipal services, and
SECTION 3. The corporate limits of the City of Hutchinson are hereby extended to include the
Property and the same is hereby annexed to and included within the City of Hutchinson as if the
property had originally been part thereof.
SECTION 4. The population of the area legally described within and hereby annexed is zero.
SECTION 5. The City of Hutchinson, pursuant to Minn. Stat. 414.036, that with respect to the
property taxes payable on the area legally described herein, hereby annexed, shall make a cash payment
to Hutchinson Township in accordance with the following schedule:
a. In the first year following the year in which the City of Hutchinson could first levy on
the annexed area, an amount equal to 562.02
b. In the second and final year, an amount equal to $62.02
SECTION 6. That pursuant to Minn. Stat. 414.036 with respect to any special assessments
assigned by the township to the annexed property and any portion of debt incurred by the township
prior to the annexation and attributable to the property to be annexed, but for which no special
assessments are outstanding, for the property legally described herein, there are no special assessments
or debt insurred by the township on the subject area for which reimbursement is required.
SECTION 7. The City Administrator is directed to file copies of this ordinance with the Office of
Administrative Hearings - Municipal Boundary Adjustments, Hutchinson Township, the McLeod
County Auditor, and the Minnesota Secretary of State.
• SECTION 8. This ordinance takes effect upon its passage and publication and the filing of the
copies as directed in Section 7 and approval of the Ordinance by the Office of Administrative Hearings
- Municipal Boundary Adjustments.
9l)
City of Hutcbinson/Stepben Lee Annexation
May 27, 2008
Page 2
First Reading: May 27, 2008
• Final Reading and Passed: June 10, 2008
Adopted by the City Council thisl0 day of June, 2008.
ATTEST:
Gary D. Plotz
City Administrator
•
•
Steven W. Cook
Mayor
9 L�
r
• PETITION FOR LOCAL IMPROVEMENT (100% OF PROPERTY OWNERS)
LETTING NO. 2
PROJECT NO. 0"2A
Dated:
TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA:
I, Stephen E Lee, am the owner of real property described as follows:
Hutchinson, Minnesota
County PID#: 08.051.0110 City PID#: 31- 117 -29 -01 -0003 Address: 905 Maple St NE
Legal Description: That part of Lot 6, Auditors Plat of the South Half of Section 30 and the North Half of
Section 31, Township 117 North, Range 29 West, described as follows: commencing at the northwest comer of
the East Half of the Northeast Quarter of said Section 31, being the northwest corner of said Lot 6; thence South
89 degrees 41 minutes 31 seconds East, along the north line of said East Half of the Northeast Quarter, being
the north line of said Lot 6, a distance of 413.00 feet of the point of beginning of the land to be described; thence
South 2 degrees 39 minutes 59 seconds West, parallel with the West line of said East Half of the Northeast
Quarter, being the West line of said Lot 6, a distance of 384.00 feet; thence westerly, parallel with the North line
of said Lot 6 a distance of 179.00 feet; thence Southerly, parallel with the West line of said Lot 6 a distance of
20.00 feet; thence Westerly, parallel with the North line of said Lot 6 a distance of 204.00 feet; thence Southerly,
parallel with the West line of said Lot 6 a distance of 299.72 feet; thence North 89 degrees 57 minutes 21
seconds East 95.01 feet; thence South 84 degrees 32 minutes 55 seconds East 79.01 feet; thence South 68
degrees 42 minutes 00 seconds East 108.43 feet; thence South 82 degrees 06 minutes 18 seconds East 140.54
feet; thence South 89 degrees 36 minutes 25 seconds East 290.27 feet to the East line of said Lot 6; thence
northerly, along said East line of Lot 6 to the northeast corner of said Lot 6; thence Westerly, along the North line
of said Lot 6 to the point of beginning,
• hereby petition that such property be improved by Construction Of NE Trunk Storm Sewer Phase 2 project by utility
infrastructure installations by construction of lateral storm sewer, stormwater treatment improvements, trunk and lateral
watermain, lateral sanitary sewer, mass grading, restoration and appurtenances on Maple Street NE from the intersection
of Northwoods Ave NE to 10th Ave NE and the future extension of 10th Ave NE to the East, pursuant to Minnesota
Statutes, Chapter 429.031, Subd. 3, and that the City assess the entire cost of the improvement against my property
described above and hereby agree to pay the entire cost as apportioned by the City.
Upon approval, this petition shall be binding upon and extend to the heirs, representatives, assigns and successors of the
parties.
Stephen E Lee
Examined, checked and found to be in proper form.
Gary D. Plotz, City Administrator
•
• AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARITY AND APPEAL
LETTING NO. 2
PROJECT NO. 08 -02A
THIS AGREEMENT, is made this 10th day of June, 2008, between the City of Hutchinson, State
of Minnesota, hereinafter referred to as the City, and Stephen E. Lee of Maricopa County, State
of Arizona, hereinafter referred to as owner.
In consideration of the action of the City Council, at the owners request, to cause the
construction of NE Trunk Storm Sewer Phase 2 project by utility infrastructure installations by construction
of lateral storm sewer, stormwaler treatment improvements, trunk and lateral watermain, lateral sanitary
sewer, mass grading, restoration and appurtenances on Maple Street NE from the intersection of
Northwoods Ave NE to 10th Ave NE and the future extension of 10th Ave NE to the East and to assess 100
percent of the cost of $82,134.13 to the owner, owner agrees to pay said percentage, as may be determined
by the Council of the City to be a fair apportionment of the costs of said improvement estimated to be
$82,134.13 over a period of ten (10) years of which the first five years (2009 to 2013) will be in a deferred
status with no interest accruing and said deferred assessment will then be activated in 2013 for collection
over a five year period (2014 through 2018). Owner further agrees that the estimated assessment may be
exceeded if the increases are a result of requests made by the property owner or otherwise approved by the
property owner in a subsequent separate written document. Owner expressly waives objection to any
irregularity with regard to the said improvement assessments and any claim that the amount thereof levied
against owners property is excessive, together with all rights to appeal in the courts.
In testimony whereof, Stephen E Lee, has hereunto set his hand, the day and year first above written.
•
Stephen E Lee
In the presence of:
Signature:
Printed Name:
1]
1.
RESOLUTION NO. 13409
RESOLUTION DECLARING COST TO BE ASSESSED AND
• ORDERING PREPARATION OF PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5087
LETTING NO. 2/PROJECT NO. 08-02
WHEREAS, cost has been determined for the improvement of:
Construction of NE Trunk Storm Sewer Phase 2 project on Maple Street NE from the
intersection of Northwoods Ave NE to 10th Ave NE and the future extension of 10th
Ave NE to the East and utility improvements near WWTF by utility infrastructure
installations by construction of trunk and lateral storm sewer, stormwater treatment
improvements, trunk and lateral watermain, trunk and lateral sanitary sewer, mass
grading, roadway grading, aggregate base, concrete curb and gutter, bituminous
base, bituminous surfacing, landscaping, restoration and appurtenances, and
and the bid price for such improvement is $760,520.08 and the expenses incurred or to be incurred
in the making of such improvement amount to $182,524.82, so that the total cost of the
improvement will be $943,044.90.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be
$860,910.77 and the portion of the cost to be assessed against benefited property owners is
• declared to be $82,134.13.
2. Assessments shall be payable in equal annual installments extending over a period of ten
(10) years, the first of the installments to be payable on or before the first Monday in January, 2009
and shall bear interest at the rate of _ percent per annum from November 1, 2008.
3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by law, and
he shall file a copy of such proposed assessment in his office for public inspection.
4. The City Administrator shall, upon the completion of such proposed assessment, notify the
Council thereof.
Adopted by the Council this 27th day of May 2007.
Mayor
City Administrator
r1
LJ
RESOLUTION NO. 13410
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5087
LETTING NO. 2/PROJECT NO. 08 -02
WHEREAS, by a resolution passed by the Council on the 27th day of May 2008, the City
Engineer was directed to prepare a proposed assessment of the cost of improving:
Construction of NE Trunk Storm Sewer Phase 2 project on Maple Street NE from the
intersection of Northwoods Ave NE to 10th Ave NE and the future extension of 10th
Ave NE to the East and utility improvements near WWTF by utility infrastructure
installations by construction of trunk and lateral storm sewer, stormwater treatment
improvements, trunk and lateral watermain, trunk and lateral sanitary sewer, mass
grading, roadway grading, aggregate base, concrete curb and gutter, bituminous
base, bituminous surfacing, landscaping, restoration and appurtenances.
WHEREAS, the City Engineer has notified the Council that such proposed assessment has
been completed and filed in his office for public inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. A hearing shall be held on the 24th day of June 2008, in the Council Chambers at Hutchinson
City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an opportunity to be heard with
• reference to such assessment.
2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the hearing,
and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice
to be given to the owner of each parcel described in the assessment roll not less than two weeks
prior to the hearing.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Administrator, except that no interest shall be charged if
the entire assessment is paid by November 17th, 2008. He may at any time thereafter, pay to the
City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
Adopted by the Council this 27th day of May 2008.
Mayor
• City Administrator
COMPED BY: ER VEEN
COMPUT BY: NER
ASSESSMENT RO 0.5087
LETTING NO. 2/PRO J NO. 08 -02
NE Trunk Storm Sewer Phase 2 project by utility Infrastructure installations by construction of lateral storm
sewer, stormwater treatment impmvementa, trunk and lateral watermaln, lateral sanitary sewer, mass grading,
restoration and appurtenances on Maple Street NE from the intersection of Northwoods Ave NE to
10th Ave NE and the future extension of 10th Ave NE to the East
1ST HEARING:
2ND HEARING:
'
4/22/2
WAIVED '
CHECKED BY: P VAN DER VEEN
NUMBER OF YEARS: 10
ADOPTED:
r
INTEREST RATE:
04
CRV WD NQ r
PR64kry'
.ADDRESS
"NAME $ ADDRESS
OF PROPERTY OWNER
-
LEGAL DESCRIPTION
. � ADDITION -OR SUBDIVISION
-
i
; N
w w
CIO
a
�i
LLJ
F y
< w
a
i
r ww
a
i
F
O q ww
a
'COUNTY PIDNO,
1
31 -117- 29-01 -0003
905 Maple St NE
Stephen E Lee
Part of Lot 6, Auditors Plat S 1/2 Section 30 & N 12
Section 31- 117 -29
$41,469.3
$30,936.76
$9,728.05
$92,134.13
201 East Washington, Ste 1100
08-051 -0110
Phoenix AZ 85004 -2385
TOTALrASSESSMENT ROLL NO. 5087
$41 469.32
$ 309 3&83
$9,72&0$
$82,134.13
G:V ESSM ENT ROLMROLLS1200a SA5097- L24PO84=-23AWMMEN1F Rdl AR3 L208- 02 -8 -5x 11AM- Pop 1 oft
•
C
111 t'. M C> R A IN' 1) t.i IN /I
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Public Hearing to Consider Comments and Input on the Storm Water Pollution
Prevention Plan (SWPPP) for the City of Hutchinson
DATE: May 27, 2008
Per requirements of the MPCA whom administer the National Pollution Discharge Elimination System
( NPDES) Phase II permit, the City must have a Public Hearing prior to submitting the Storm Water Pollution
Prevention Plan (SWPPP) Annual Report for 2007. This regulation applies to all cities determined to have and
maintain Municipal Separate Storm Sewer Systems (MS4s). Public comment and testimony will be received at
this hearing.
• We recommend approving the attached SWPPP Annual Report for 2007 as required by the NPDES
MS4 Permit.
oc: Gary Plotz — City Administrator
•
9 (b�
USE OF THIS FORM IS MANDATORY By completing this Annual Report form, you are "providing the Minnesota
Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including an
assessment of the appropriateness of your identified best management practices (BMPs) and progress towards achieving
your identified measurable goals for each of the minimum control measures" as required by the MS4 Permit.
Submit your annual report by June 30, 2008 to:
Minnesota Pollution Control Agency
Municipal Division
520 Lafayette Road North
St. Paul, MN 55155 -4194
If you would like to obtain an electronic copy of the MS4 Annual Report for 2007 form, please visit:
wu pca. state.mn . u s/ water /stormwater /stormwater -m s4.htm1
If you have further questions, please contact one of these MPCA staff members (call toll -free 800 - 657- 3864):
• Keith Cherryholmes 651- 296 -6945
• Joyce Cieluch 218- 846 -7387
• Scott Fox 651- 296 -9433
hinson City MS4
Kent Exner
Name of Contact Person
3202344212
Telephone (including area code)
111 Hassan St
Mailing Address
Hutchinson MN 55350
City State ZIP code
0
wq- strm4 -06 Page 1 of
12/07
q(k)
qF
wq- strm4 -06
Page 2 of 7
r� 12/07
L�
A. The permit requires each MS4 to implement a public education program to distribute educational materials to ih
community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies an
the steps that the public can take to reduce pollutants in siormwater runoff. [Part V.G.1.a] NOTE: Pleas e indicat
which of the following distribution methods you used during the 2007 calendar year. Indicate the number distribute
in 2007 in the spaces provided (enter "0" if the method was not used or "NA" if the data does not exist)::
Ask
Media type
Number of media
Number of times published
Circulation/Audience
Example: Brochures:
3 different brochures
published 5 times
about 10,000
Brochures:
3 different brochures
Published 1
About 150
Newsletter:
Posters:
1
1
About 20
Newspaper articles:
2
1
5380
Web sites:*
1
1
Unkown
Utility bill inserts:
1
1
4200
Radio ads:
Television ads:
Erosion Presentation to
I
1
About 200
5"' Graders:
Other:
* If you use your Web site as a tool to distribute stormwater educational materials, indicate the number of hits to the
stormwater page during 2007 in the space above and provide the URL reference here:
hnp://www.ci.butchinson.mn.us/surfwaterTnanage.htm
B. What stage of development would you assign to each area of your stormwater education program? (If there art
multiple components for a Minimum Control Measure (MCM) providing the average stage of the most significan
components - check the one box that most accurately reflects the overall stage for that MCM)..
MCM 1: ❑ Not started ❑ Research ❑ Development ® Implementation ❑ Program fully in place
MCM 2: ❑ Not started ❑ Research ❑ Development ® Implementation ❑ Program fully in place
MCM 3: ❑ Not started ❑ Research ❑ Development ® Implementation ❑ Program fully in place
MCM 4: ❑ Not started ❑ Research ❑ Development ® Implementation ❑ Program fully in place
MCM 5: ❑ Not started ❑ Research ❑ Development ® Implementation ❑ Program fully in place
MCM 6: ❑ Not started ❑ Research ❑ Development ® Implementation ❑ Program fully in place
C. Have you developed partnerships with other MS4s, watershed districts, local or state governments,
❑ Yes ® N
educational institutions, etc. to assist you in fulfilling the requirements for Minimum Control
Measure 1?
D. List those entities with which you have a partnership agreement to meet the requirements of this
MCM and describe the nature of the agreement(s) (list if level of effort exceeded 10 hours):
Mir2imum Cbn Measure 2: u61tc Participaiionllnvolvemenf jV.G 2j ;` •°
A. Did you hold a public meeting for calendar year 2007 and discuss your Stormw-ater Pollution
❑ Yes ® N
Prevention Program (SWPPP)? [Part V.G.1.e] Help a informational meeting prior to submitting our
S WPPP.
B. What wvas the date of the public meeting?
How many citizens attended specifically for stormwater (excluding board/council members and
staff)?
qF
wq- strm4 -06
Page 2 of 7
r� 12/07
L�
D. Was the public meeting a stand -alone meeting for stormwater or was it combined with some other
Stand -alone
function such as a City Council meeting?
Combined
E. If you did not bold a public meeting on your SWPPP in 2007, explain why: We had not been issued
a permit before to do an annual review. We held two informational meetings at two separate council
meetings on 1/23/07 for the NPDES permit and 4/10/07 for the SW ordinance.
ach MS4 must receive and consider input from the public. Input must be considered prior to
❑ Yes ® N
submittal of your annual report. During your public meeting, did you receive written and /or oral
input on your SWPPP? [Part V.G.2.b.1 -3].
Do you plan to or have you already incorporated any comments into your next SWPPP update? [Part ❑ Yes ® N
V.G.2.c] Ifyes, list items:
mom intrlt C n r `I' ease _Ill ct - sc atgD a tmt a to µ
Th e permit requires MS4s to develop, implement and enforce a program to detect and eliminate illicit discharges as
d efined in 40 CFR 122.26(b)(2) in your SWPPP. You must also select and implement a program of appropriate BMPs an
m easurable goals for this minimum control measure.
A. Have you completed a storm sewer system map by June 30, 2008 in accordance with the
® Yes ❑N
requirements of the permit?
Ifyes, describe how it was completed:
❑ Hardcopy only ® GIS system ❑ CAD ❑ Other "digital" system:
If no, please explain:
NOTE: The complete storm sewer system map must be finished by June 30, 2008. [Part V.G.3.a]
B. Has an ordinance or other regulatory mechanism been adopted to prohibit illicit discharges or other
® Yes ❑ N
non- stormwater discharges from entering your system? Ifyes, provide the date the regulatory
,mi h mechanism was adopted: 4/24/2007. If no, provide an estimated date of adoption: _.
. ave you completed the tasks according to the schedule listed in your BMP program for illicit
® Yes ❑ N
discharge detection and elimination?
D. Describe any changes in development status or the timeline /implementation schedule provided in your SWPPP?
fVltnimum �on Measur 4t Construction Stte $forrriwater Runoff Control jV '4
The permit requires that each MS4 develop, implement, and enforce a program to reduce pollutants in any stormwate
runoff to your small MS4 from construction activities within your jurisdiction that result in a land disturbance of greater
than or equal to one acre or less than one acre but is part of a common plan of development that will be one acre o
g reater. [Part V.G.4.]
A. Have you adopted an ordinance or other regulatory mechanism that regulates stonnwaier runofl
® Yes ❑ N
from construction activities that result in a land disturbance of greater than or equal to one acre
or less than one acre which are a part of a common plan of development or sale that will
ultimately disturb one acre or more? NOTE: Your regulatory mechanism must be full
developed and implemented within six months from the extension of permit coverage..
B. The BMPs you listed in 2006 are checked below. Which of the following BMPs and pollution
prevention management measures have been incorporated into your regulatory mechanism
during 20077 Check all that apply:
® Temporary erosion controls ® Added in 2007
V E
Record keeping for rainfall and inspections ® Added in 2007
wq- stom4 -06
Page 3 of 7
12/07
r) ` /
® Permanent erosion controls ® Added in 2007
® Waste controls for hazardous waste ® Added in 2007
® Waste controls for solid waste ® Added in 2007
® Dewatering and basin draining ® Added in 2007
® Regular inspections by site operators ® Added in 2007
® Site plan submittal including erosion and sediment control BMPs ® Added in 2007
® BMP maintenance ® Added in 2007
® Site plan review and approval prior to activity on site ® Added in 2007
® Permanent stormwater management facility approval ® Added in 2007
❑ Other. _ ❑ Added in 2007
C. Ile regulatory mechanism sanctions included to ensure compliance and enforcement component [:]Yes ❑ N
are in 2006 are checked below. Which of the following actions does your MS4 use? Also, chec
all additional sanctions added in 2007:
® Verbal warnings ® Added in 2007
® Written warnings ® Added in 2007
® Stop -work orders ® Added in 2007
❑ Fines ❑ Added in 2007
❑ Forfeit of security bond money ❑ Added in 2007
® Withholding of certificate of occupancy ® Added in 2007
® Other: Right of entry to repair and assess cost to the property, ® Added in 2007
tmum� rot eases a ^bt os -c structtonS o� wa a ana'gemenx i�,`e ev 1 men an
e -1()p en1
e permit requires each MS4 to develop, implement, and enforce a program to address siormw�ater runoff from ne
evelopment and redevelopment projects within your jurisdiction that disturb an area greater than or equal to one acre
ncluding projects less than one acre that are part of a larger common plan of development or sale that discharge into you
mall MS4. Your program must ensure that controls are in place that would prevent or reduce water quality impacts. You
ust also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure
NOTE: The MS4 permit requirements associated with this Minimum Control Measure must be fully developed an
imp lemented by 6/30/08.
A. Have you developed and implemented strategies which include requirements for a combination of ® Yes ❑ N
structural and /or non - structural BMPs appropriate for your community?
B. Is an ordinance or other regulatory mechanism currently in place to address post- construction ® Yes [:]N
runoff from new development and redevelopment projects to the extent allowable under law? If
yes, provide the date the regulatory mechanism was adopted: 4/24/2007 If no, provide an
estimated date of adoption:
Is a plan in place to ensure adequate long -term operation and maintenance of BMPs installed as a ® Yes ❑ N
result of these requirements?
•
wq - strm4 -06 Page 4 of 7 12/07
D. How are you funding the long -term operation and maintenance of your stormwater management system?
❑ Grants
® Stormwater utility fee
❑ Taxes
® Other: Possible assessments to properties in a treatment structures drainage area
_ asure.'S -o uti. i Prevenitonl o ' use eep
xG�
e permit requires each MS4 to develop and implement an operation and maintenance program that includes a trainin
omponent and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Your progra
ust include employee training to prevent and reduce stormwater pollution from activities such as park and open spa
aintenance, fleet and building maintenance, new construction and land disturbances, and stormwater syste
aintenance.
Is your MS4 current on development of all the elements listed to the timeline/implementation
® Yes ❑ N
schedule listed in your BMPs for this MCM?
B. Did you complete all the tasks in the SWPPP scheduled for implementation in 2007? No ponds w
❑ Yes ® N
inspected in 2007. The city will perform 30 %+ of basin/pond inspections the next two years to get
all ponds inspected in a five year term.
C. Indicate the total number of structural pollution control devices (manholes, grit chambers, sumps, floatable skimmers,
etc) within your MS4, how many were inspected, and calculate the percentage:
Total Number
Number Inspected
Percentage
Structural Pollution Control Devices:
4
4
100
D. As a result of your inspections, did you repair, replace, or maintain any structural pollution control
® Y ❑ N
evices? All of them were cleaned out once.
or each BMP below, indicate the total number within your MS4, how many of each BMP type
were inspected, and calculate the percentage:
BA1P Type
Total Number
Number Inspected
Percentage
Outfalls
62
26
42
Sediment basins /ponds
39
0
0
TOTAL
101
26
26
mac ed mews Rev e
Th e permit requires that any MS4 that discharges to a Water of the State which appears on the current U.S. EPA approve
l ist of impaired waters under Section 303(d) of the Clean Water Act review whether changes to your SWPPP may b
warranted to reduce the impact of your discharge [IV.D)
A. Have you identified all impaired waters within yourjurisdiction, based on the 2006 303(d) listing,
® Yes ❑ N
which receive stormwater discharge from your MS4?
Check here if your MS4 has no impaired waters: ❑
Do you have a process in place to identify and update your SWPPP based on the list of impaired
® Yes ❑ N
waters which receive discharges from your MS4 as new waters are added to the 303(d) list ??
C J
wq- strm4-06 Page 5 of 7 12107
W)
C. Have you determined that any stormwater discharges from your MS4 are negatively impacting any
❑ Yes ® N
impaired water(s); for which you have or plan to revise to your SWPPP to address the loading?
D. Provide the following information of the individual responsible for conducting the review of
discharges to impaired waters and any associated BMP modifications:
Name: John Paulson
Title: Environmental Specialist
Phone: 320 - 234 -5682
Email: jpauIson @ci.hutchinson.mn.us
dttiona ss e
Did you make a change to any identified BMPs or measurable goals that were submitted with your
❑Yes ® N
permit application? [Part V.H.] Ifyes, explain:
Briefly list the BMPs using their unique SWPPP identification numbers you used in your SWPPP or
any measurable goals that will be changed in your updated SWPPP, and why they have changed:
(Attach a separate sheer rfnecessary)
C. Did you rely on any other entities (MS4s, consultants or contractors) to satisfy any portion of your ❑ Yes ® N
SWPPP? Ifyes, please identify below the entity and for what activities:
,O ra `:Ce>
e person with overall administrative responsibility for SWPPP implementation must sign the annual report. This perso
ust be duly authorized and should be the person who signed the MS4 permit application or a successor.
certify under penalty of law that this document and all attachments were prepared under my direction or supervision i
ccordance with a system designed to assure that qualified personnel properly gathered and evaluated the informatio
itted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible fo
Bring the information, the information submitted is, to the best of my knowledge and belief, true, accurate, an
omplete (Minn. R. 7001.0070). 1 am aware that there are significant penalties for submitting false information, includin
the possibility of fine and imprisonment (Minn. R. 7001.0540).
X
Authorized Signature (This person must be duly authorized Date
to sign the annual report for the MS4)
Exner Kent City Engineer
Last Name First Name Title
11 IHassan St SE
Mailing Address
Hutchinson MN 55350
City State ZIP code
320 -234 -4212 kexner(@ci.huichinson.mn.us
Telephone (include area code) E -mail Address
•
wq- strm4 -06
Page 6 of 7
12/07
r) ���
0
0
• wq- strm4 -06 Page 7 of 7
�(,6
0
•
u
+
MEMORANDUM
POLICE I EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Dan Hatten, Director of Police / Emergency Management Service
DATE: May 14, 2008
RE: Policy & Procedures
Pursuant to your request at the May 13' meeting I am attaching six policies and
procedures that deal with officer conduct, unbiased policing, use of force, Taser program
and vehicle pursuits for the consent agenda.
/Ikg
HUTCHINSON POLICE SERVICES
GENERAL ORDERS
•
Subject Employee Personal Integrity- Professional Conduct
Directive:
G200
Date Issued: 05 -01 -08
Date Effective: 0"1 -08
Supersedes:
05 -01 -95
1 Number of Pages:
3
G200.01 Purpose
This directive describes desirable and acceptable personal qualities and behavior for
members of this department
G200.02 Policy
Hutchinson Police Services values its employees and promotes effective discipline.
Police Organizations are successful in accomplishing their mission provided they have
the support and trust of the community which they serve. The members of the
Hutchinson Police Services are expected to exhibit acceptable behavior and personal
qualities worthy of such public esteem.
G200.03 Standards of Conduct
Employees, whether on or off -duty, shall not commit any act lending to bring reproach or
discredit upon the department or the City of Hutchinson. Employees shall maintain a
loyalty to the department and its employees as is consistent with the law and department
. policies, procedures and regulations. Employees shall not engage in any activity,
whether on or off -duty, that constitutes conduct unbecoming of an employee or which
constitutes neglect of duty. Failure of an employee, either willfully or through negligence
or incompetence, to perform the duties of his/her rank or assignment, or violations byan
employee of any policy, procedure, rule, regulation, order or memorandum having the
effect of a rule, regulation or order, may be considered sufficient cause for discipline,
suspension, demotion, discharge, or other penalties (Policies G201 and G281).
G200.04 Courtesy
Employees shall at all limes be courteous and civil to the public, cc- workers, peers and
associates. They shall be orderly, attentive, and respectful, and shall exercise patience
and restraint in the performance of their duties. Employees shall avoid harsh, profane,
insolent, or violent language and shall strive to remain calm regardless of provocation to
do otherwise. It is not permissible, while in the performance of duties, for employers to
express prejudice for any race, color, creed, religion, gender, sexual orientation, or
persons with disabilities.
G200.05 Criticism
Employees shall not publicly or internally criticize or ridicule the department, its policies,
procedures, rules or regulations, or other employees, by talking, writing, or expressing in
any manner; where such talking, writing, or other expression is; defamatory, unlawful,
tends to impair the operation of the department, interferes with the efficiency of the
L�
`_�)
Directive: G200
Date: 05 -01-08
• department, made with reckless disregard for truth or falsity, or interferes with the ability
of supervisors to maintain discipline and good order.
G200.06 Integrity and Truthfulness
Employees shall be forthright and truthful at all times on all matters that pertain to their
duties, conduct, observations, or any other area pertaining to the official business of the
Hutchinson Police Services.
G200.07 Conduct towards Supervisors and Subordinates
Employees shall treat supervisors and subordinates with respect. They shall be
courteous and civil at all times in their relationships with one another. When on -duty,
and particularly in the presence of the public, supervisors shall be referred to by their
rank. Further, employees need to be aware of their environment when using established
"nicknames° for themselves or other employees, both verbally and in official documents.
G200.08 Insubordination
Failure or deliberate refusal of any employee to obey a lawful order, given by a
supervisor, or open disrespectful conduct towards a supervisor, shall constitute
insubordination.
• G200.09 Abuse of Position
Employees shall not use their position as law enforcement officers /department
employees to gain benefits for themselves or others; nor shall an officer make false
accusations of a criminal offense or traffic violation. Employees shall not communicate
in any manner, either directly or indirectly, any information that might assist a person
suspected of criminal or quasi - criminal acts to escape arrest or punishment, or which
may enable them to dispose of or conceal evidence of unlawful activity, money,
merchandise, or other property unlawfully obtained.
G200.10 Compromising Criminal Cases
Employees shall not engage in any of the following conduct:
1. Interfere with the service of lawful process
2. Interfere with the attendance or testimony of witnesses through coercion, bribery,
or other means.
3. Take any action which shall interfere with the efficiency or integrity of the
administration of criminal justice.
4. Having knowledge of such interference, fail to notify a supervisor.
\J
2
q tS )
M
•
Directive: G200
G200.11 Gratuities and Gifts /Personal Preferment
Date: 05 -01 -08
An employee shall not seek or accept gifts (money, property, food, beverage, service or
loan) from persons, places of business, or organizations when it may be reasonably
inferred that the person(s) gave to the employee the gift to: influence official police
action in a fashion which may be interpreted as favoring one person, business or
organization over another. No employee may seek the intervention of another person to
unduly influence such things as personal preferment, advantage, transfer, or
advancement.
G200.12 Confidential Information
1. It shall not be permissible for members of this department to discuss official
operations or sensitive information with non -law enforcement personnel.
2. Only the Chief of Police or his designee shall provide news releases to the press.
1]
•
HUTCHINSON POLICE SERVICES
GENERAL ORDERS
•
Subject: Conduct Unbecoming a Peace Officer- Professional Conduct Directive: G201
Date Issued: 05 -01 -08 Date ENectNe: 05 -01-08 Supersedes: 07 -01 -96 Number of Pages: 6
G201.01 Purpose
To define that conduct which is unbecoming of a peace officer.
G201.02 Policy
Law Enforcement effectiveness depends upon community respect and confidence.
Conduct which distracts from this is detrimental to the public interest. The policy of the
Hutchinson Police Services is to investigate such conduct by an officer and impose
disciplinary action when appropriate. To maintain credibility within the community.
G201.03 Scope
This policy is organized into eight principles goveming conduct and applies to all
licensed peace officers of the Hutchinson Police Services.
G201.04 Principle One
Peace officers shall conduct themselves, whether on or off duty, in accordance with the
• Constitution of the United States, the Minnesota Constitution, and all applicable laws,
ordinances and rules enacted or established pursuant to legal authority.
1. Peace officers shall not knowingly exceed their authority in the enforcement of the
law.
2. Peace officers shall not knowingly disobey the law or rules of criminal procedure in
such areas as interrogation, arrest, detention, searches, seizures, use of
informants and preservation of evidence.
3. Peace officers shall not knowingly restrict the freedom of individuals, whether by
arrest or detention, in violation of the Constitutions and laws of the United States
and the State of Minnesota.
4. Peace officers, whether on or off duty, shall not knowingly commit any criminal
offense under any laws of the United States or any state or local jurisdiction in
which the officer is present, except where permitted in the performance of duty
under proper authority.
G201.05 Principle Two
Peace officers shall refrain from any conduct in an official capacity that detracts from the
public's faith in the integrity of the criminal justice system.
Directive: G201
•
Date: 05 -01 -08
1. Peace officers shall carry out their duties with integrity, fairness and impartiality
2. Peace officers shall not knowingly make false accusations of any criminal,
ordinance, traffic or other law violation. This provision shall not prohibit the use
of deception during criminal investigations or interrogations as permitted under
law.
3. Peace officers shall truthfully, completely and impartially report, testify and
present evidence, including exculpatory evidence, in all matters of an official
nature.
4. Peace officers shall obey lawful orders, but shall refuse to obey any orders the
officer knows would require the officer to commit an illegal act. If in doubt as to
the clarity of an order, the officer shall, if feasible, request the issuing officer to
clarify the order. An officer refusing to obey an order shall be required to justify
his or her actions.
5. Peace officers learning of conduct or observing conduct which is in violation of
any law or policy of this department shall take necessary action and report the
incident to the officer's immediate supervisor, who shall forward the information
to the chief law enforcement officer. If the misconduct is committed by the
officer's immediate supervisor, the officer shall report the incident to the
• immediate supervisor's superior.
G201.06 Principle Three
Peace officers shall perform their duties and apply the law impartially and without
prejudice or discrimination.
Peace officers shall provide every person in our society with professional, effective
and efficient law enforcement services.
2. Peace officers shall not express, whether by act, omission or statement, prejudice
concerning race, color, creed, religion, national origin, sex, marital status, status
which regard to public assistance, disability, sexual orientation or age.
3. Peace officers shall not allow their law enforcement decisions to be influenced by
race, color, creed, religion, national origin, sex, marital status, status with regard to
public assistance, disability, sexual orientation or age.
G201.07 Principle Four
Peace officers shall not, whether on or off duty, exhibit any conduct which discredits
themselves or their department or otherwise impairs their ability or that of other officers
or the department to provide law enforcement services to the community.
q��
Directive: G201
•
Date: 05 -01 -08
1. Peace officers shall not consume alcoholic beverages or chemical substances,
while on duty, except as permitted in the performance of official duties, and under
no circumstances while in uniform, except as provided for in G201.7 (C).
2. Peace officers shall not consume alcoholic beverages to the extent the officer
would be rendered unfit for the officers next scheduled shift. A peace officer shall
not report for work with the odor of an alcoholic beverage on the officer's breath.
3. Peace officers shall not use narcotics, hallucinogens, or other controlled
substances except when legally prescribed. When medications are prescribed,
the officer shall inquire of the prescribing physician whether the medication will
impair the officer in the performance of the officer's duties. The officer shall
immediately notify the officer's supervisor if a prescribed mediation is likely to
impair the officer's performance during the officer's next scheduled shift.
4. Peace officers, while on duty, shall not commit any act which, as defined under
Minnesota law, constitutes sexual harassment, including but not limited to, making
unwelcome sexual advances, requesting sexual favors, engaging in sexually
motivated physical contact or other verbal or physical conduct or communication of
a sexual nature.
5. Peace officers, while on duty, shall not engage in any conduct which the officer
• knows, or reasonably should know, constitutes an unwelcome sexual advance or
request for sexual favor, or unwelcome sexually motivated physical contact or
other unwelcome verbal or physical conduct or communication or a sexual nature.
6. Peace officers shall not commit any act which, as defined under Minnesota law,
constitutes sexual assault or indecent exposure. Sexual assault does not include
a frisk or other search done in accordance with proper police procedures.
7. Peace officers shall not commit any act which, as defined under Minnesota law,
constitutes (1) domestic abuse, or (2) the violation of a court order restraining the
officer from committing an act of domestic abuse or harassment, having contact
with the petitioner, or excluding the peace officer from the petition's home or
workplace.
8. Peace officers shall not, in the course of performing their duties, engage in any
sexual contact or conduct constituting lewd behavior, including but not limited to,
showering or receiving a massage in the nude, exposing themselves or otherwise
making physical contact with the nude or partially nude body of any person, except
as pursuant to a written policy of the department.
9. Peace officers shall avoid regular personal associations with persons who are
known to engage in criminal activity where such associations shall undermine the
public trust and confidence in the officer or department. The rule does not prohibit
•
3
a,
Directive: G201 Date: 05 -01 -08
•
those associations that are necessary to performance of official duties, or where
such associations are unavoidable because of the officer's personal or family
relationships.
G201.08 Principle Five
Peace officers shall treat all members of the public courteously and with respect.
1. Peace officers shall exercise reasonable courtesy in their dealings with the public,
fellow officers, superiors and subordinates.
2. No peace officer shall ridicule, mock, deride, taunt, belittle, willfully embarrass,
humiliate, or shame any person to do anything reasonably calculated to incite a
person to violence.
3. Peace officers shall promptly advise any inquiring citizen of the department's
complaint procedure, and shall follow the established departmental policy for
processing complaints.
G201.09 Principle Six
Peace officers shall not compromise their integrity, nor that of their department or
Profession, by accepting, giving or solicit any gratuity which could be reasonably
• interpreted as capable of influencing their official acts orjudgements, or by using their
status as a peace officer for personal, commercial, or political gain.
1. Peace officers shall not use their official position, identification cards or badges:
(1) for personal or financial gain, for themselves or another person; (2) for
obtaining privileges not otherwise available to them except in the performance of
duty; and (3) for avoiding consequences of unlawful or prohibited actions.
2. Peace officers shall not lend to another person their identification cards or badges
or permit these items to be photographed or reproduced without approval of the
chief law enforcement officer.
3. Peace officers shall refuse favors or gratuities which could be reasonably
interpreted as capable of influencing official acts or judgements.
4. Unless required for the performance of official duties, peace officers shall not,
while on duty, be present at establishments that have the primary purpose of
providing sexually- oriented adult entertainment. This rule does not prohibit officers
from conducting a walk- through of such establishments as part of regular assigned
duties.
0
4
Directive: G201
•
Peace officers shall:
Date: 05 -01 -08
A. not authorize the use of their names, photographs or titles in a manner that
identifies the officer as an employee of this department in connection with
advertisements for any product, commodity or commercial enterprise;
B. maintain a neutral position with regard to merits of any labor dispute, political
protest, or other public demonstration while acting in an official capacity;
C. not make endorsements of political candidates, while on duty, or while
wearing the department's official uniform.
This section does not prohibit officers from expressing their views on existing, proposed
or pending criminal justice legislation in their official capacity.
None of these rules shall prevent officers from engaging in the free expression of
Political speech in their capacitates as private citizens, or the rights of police fraternal or
labor organizations to endorse political candidates or express views on political issues or
other matters of public concern.
6201.10 Principle Seven
• Peace officers shall not compromise their integrity, nor that of their department or
profession, by taking or attempting to influence actions when a conflict of interest exists.
1. Peace officers shall, unless required by law or policy, refrain from becoming
involved in official matters, or influencing actions of other peace officers in official
matters, impacting the officer's immediate family, relatives, or persons with whom
the officer has or has had a significant personal relationship.
2. Peace officers shall, unless required by law or policy, refrain from acting or
influencing official actions of other peace officers in official matters impacting
persons with whom the officer has or has had a business or employment
relationship.
3. Peace officers shall not use the authority of their position as peace officers, or
information available to them due to their status as peace officers, for any purpose
of personal gain including, but not limited to, initiating orfurthering personal and /or
intimate interactions of any kind with persons with whom the officer has had
contact while on duty.
4. Peace officers shall not engage in any off -duty employment if the position
compromises or would reasonably tend to compromise the officer's ability to
impartially perform the officer's official duties.
0
5 _
� LJQ-
Directive: G201
•
Date: 05 -01 -08
G201.11 Principle Eight
Peace officers shall observe the confidentiality of information available to them due to
their status as peace officers.
1. Peace officers shall not knowingly violate any legal restriction for the release or
dissemination of information.
2. Peace officers shall not, except in the course of official duties or as required by
law, publicly disclose information likely to endanger or embarrass victims,
witnesses or complainants.
I Peace officers shall not divulge the identity of persons giving confidential
information except as required by law or department policy.
n
U
• . 6-
J
u
HUTCHINSON POLICE SERVICES
GENERAL ORDER
Subject ImpartlaW nbiased Policing Services
Directive:
G=
Date Issued: 05 -01 -08
Date Effective:
05 -01 -08
Supersedes:
11 -01 -01
Number of Pages:
3
G202.01 Purpose
The purpose of this directive is to reaffirm this department's commitment to enforce the
law and provide professional services to the community in an impartial and unbiased
manner thereby ensuring fairness and equality for those individuals who are our
customers.
G202.02 Discussion
The Minnesota Legislature finds that the reality or public perception of racial profiling
alienates people from police, hinders community policing efforts, and causes law
enforcement to lose credibility and trust among the people law enforcement is swom to
protect and serve. No stop or contact initiated by a peace officer should be made
without a legitimate reason. However, it is further recognized that other forms of bias
can be as pervasive as racial profiling. Therefore, it is necessary to include these other
forms of bias (age, ethnicity, national origin, gender, sexual orientation, religion or
Americans with Disabilities issues) within the same context as racial profiling to truly
develop a policy statement, which comports with eliminating bias and developing
impartial responses to policing services.
0 G202.03 Policy
It is the policy of the Hutchinson Police Services to provide services to the community
and its' customers in a fair, impartial, unbiased and dignified manner. Employees shall
always be professional, respectful, and courteous when dealing with customers as well
as shall not consider race, ethnicity, national origin, gender, sexual orientation, religion,
disability or appearance when deciding the appropriateness of the services provided.
G202.04 Definitions
Racial Profiling —Minnesota Statute 626.8471 Subd. 2. Means any actions initiated by
law enforcement that relies upon the race, ethnicity, or national origin of an individual
rather than: (1) the behavior of that individual; or (2) information that leads law
enforcement to a particular individual who has been identified as being engaged in or
having been engaged in criminal activity. Racial profiling includes use of racial or ethnic
stereotypes as factors in selecting whom to stop and search.
Impartial — Where employees treat all individuals alike, in an equitable, fair and just
manner.
Unbiased — Where employees have no inclination, preconceived opinion or
predisposition to decide a cause or an issue in a certain way, and which leaves the mind
open to evaluate the facts so as to render an impartial conclusion.
V�)
Directive: G202
•
Date: 05 -01 -08
Enforcement Contact – including but not limited to investigative detention, pedestrian
and vehicle stops, arrests, searches and property seizures.
Service Contact — including but not limited to assisting with animal complaints, providing
crime prevention information, providing directions, crowd control and /or traffic control,
medical assistance and other non - enforcement activities.
G202.05 Enforcement Contact
1. Officers may, when observing a violation of law or suspicious activity, stop any
individual believed to be involved. The officer(s) shall be able to articulate
specific facts, circumstances and conclusions that support the reasonable
suspicion or probable cause for the contact.
2. Under no circumstances shall an officer(s) consider the race, age, ethnicity, national
origin, gender, sexual orientation, religion, or disability as the sole purpose to
effect a contact. However, an officer(s) may take into account the
aforementioned descriptors of a specific suspect(s) based upon credible,
reliable, relevant information that links specific, suspected, unlawful activity to a
particular individual or group of individuals. This information may be used in the
same manner regarding age, height, weight, etc about specific suspects.
• 3. As soon as is practicable (when the officer(s) have gained control of the scene and
officer safety is not an issue), the officer(s) shall identify himself/herself to the
individual (name and department) and state the reason for the contact. The
officer(s) shall attempt to answer any relevant questions the individual may have
regarding the enforcement contact, including referrals to other agencies when
appropriate.
4. The officer(s) shall maintain a professional, respectful and dignified demeanor
during the contact. At the conclusion of the contact, the officer(s) shall provide
to each individual detained an official City of Hutchinson business card (each
business card shall indicate the officers name, badge number, office contact
numbers, email address and information regarding the Attorney General toll free
telephone number if an individual has a complaint regarding the contact).
G202.06 Service Contact
All employees shall provide, to the best of their ability and to the extent that
resources allow, the best possible services to the customers, which the
department is called upon to serve.
•
2
Directive: G202
Date: 05 -01 -08
• 2. Under no circumstances shall an employee consider the race, age, ethnicity,
national origin, gender, sexual orientation, religion, or disability when providing
service to any customer.
3. The employee(s) shall maintain a professional, respectful and dignified
demeanor during each contact.
G202.07 Supervisory Responsibility
Supervisors are responsible for the distribution and documentation indicating
receipt of this policy.
2. Supervisors shall review each employees work habits and contactsto determine
compliance with this policy. In each situation where the supervisor believes
there is a lack of compliance, the supervisor shall immediately prepare and
implement with the employee a corrective action plan.
L
0
a
HUTCHINSON POLICE SERVICES
PROCEDURE
•
Subject Use of Force
Directive:
P151
Date Issued: 05-01 -08
Date Effective:
05 -01.08
Supersedes:
05 -01 -95
Number of Pages:
11
P151.01 Purpose
This directive establishes guidelines and identifies circumstances underwhich officers of
the Hutchinson Police Services may utilize non - lethal and deadly force.
P151.02 Policy
Officers of the Hutchinson Police Services may use non - lethal force in accordance to
M.S.A. 609.06 and deadly force in accordance to M.S.A. 609.06, 609.065 and 609.066.
P151.03 Definitions
Deadly Force Any force which the officer uses with the purpose of causing, or
which the officer should reasonably know creates a substantial risk of causing
death or great bodily harm. The intentional discharge of a firearm in the direction
of another person, or at a vehicle, in which another person is believed to be,
constitutes deadly force. The use of a police motor vehicle to make contact with a
suspect's vehicle; or the use of a roadblock wherein no escape lane is established.
11
� J
2. Non Lethal Force Any use of force other than that which is considered deadly
force.
P151.04 Discussion
Police officers shall only use force that is reasonably necessary to effectively bring an
incident under control. The value of human life is held to be immeasurable in our
society. This department and its officers have been delegated the responsibility of
protecting life and property. Protection of property shall at all times be secondary to the
protection of life. The primary responsibility of the Hutchinson Police Services and its
members is to protect the lives of the citizens it serves. An officer's responsibility for
protecting life shall also include his /her own and that of their fellow officers. Even though
all officers shall be prepared to utilize their firearms when necessary, restraint shall be
exercised in their use. Caution shall also be used when firing a weapon under
conditions that would subject innocent citizens to substantial danger. When firearms are
used the intent is not to kill but to completely disable/ incapacitate the person /threat as
quickly as possible. All officers shall be cognizant of the fact that when using justifiable
deadly force against a person, great bodily harm or death may be a direct result. Killing
is not the officers' goal but may occur. Firearms shall never be used to bluff a person
into submission nor shall warning shots be fired. This does not mean, however, that an
officer may not draw his /her weapon if a situation dictates that its use may be necessary,
nor does it mean that the officer shall shoot in every instance that he /she draws his/her
weapon. The use of a motor vehicle as an implement of deadly force should never be
0
Directive: P151
Date: 05 -01 -08
• forgotten. An automobile, when used to strike a suspect's vehicle is considered to be
the use of deadly force. Officers shall remember that a squad car should never be used
to intentionally strike another vehicle or use as a roadblock unless deadly force is
authorized.
P151.05 Authorized Use of Non Lethal Force
Officers shall use the least amount of force reasonably necessary to accomplish the
intended objective without impairing the safety of others. Officers shall not be required
to first attempt to use types and degrees of force, which reasonably appear to be
inadequate to accomplish the intended objective. Officers shall be permitted to use
reasonable force for the following:
In effecting a lawful arrest; or
2. In the execution of legal process; or
3. In enforcing an order of the court; or
4. In effecting any other duty imposed on the officer by law.
P151.06 Authorized Use of Deadly Force /Discharging of Firearms
1. To protect the officer or another from apparent death or great bodily harm.
2. To effect the arrest or capture of a person whom the officer knows, or has
reasonable grounds to believe has committed or attempted to commit a felony
involving the use, or threatened use, of deadly force.
3. To effect the arrest or capture, or prevent the escape of an individual whom the
officer knows, or has grounds to believe has committed or attempted to commit a
felony if the officer reasonably believes that the individual shall cause death or
great bodily harm if the individuals apprehension is delayed.
4. At an approved range.
5. For the disposal of seriously injured or sick animals when other means of disposal
are impractical. For disposal of dangerous animals when their capture or escape
would expose the officer or the public to immediate bodily harm.
P151.07 Levels of Force
In a majority of cases, some level of physical force shall be necessary to effect an
arrest or to protect others. That amount of physical force may be as low as placing
a hand on a subject's shoulder or arm, and directing that subject to place his
hands behind his back for handcuffing. Depending on the level of resistance
offered, the officer may use techniques that may escalate to physically pinning the
• 2
9 �)
Directive: P151
Date: 05 -01 -08
. subject to respond to techniques that influence behavior by eliciting pain in order to
apply handcuffs using hand/leg strikes, impact weapons, or even the use of a
firearm, if the resistance offered is life threatening.
2. For the purpose of this policy, the use of force shall be examined from two
perspectives; resistance and control. Both control and resistance can be in the
form of verbal directives or physical action; resistance is defined as actions thatare
directed from the subject towards an officer, while control is directed from the
officer towards the subject
A. Resistance is manifested by the subject who attempts to evade an officer's
attempts of control. The amount and type of resistance shall vary, based on a
variety of factors.
B. Control is the force an officer uses to influence or neutralize the unlawful,
physical actions of a subject under arrest. Generally, there are four times an
officer is justified in using physical control methods, they are to stop
potentially dangerous and unlawful behavior; to protect the officer or another
from injury or death; to protect a subject from injury himself/herself; and in
the process of effecting lawful arrest, when the subject offers resistance.
C. Justification of the use of force in the judicial system is measured by two
broad standards. First, the officer's use of control methods was initiated bya
subject's resistance. Second, the level of physical force used by the officer
was "reasonable" and not excessive when considering the type of resistance
offered by the subject.
P151.08 Levels of Resistance
Resistance is defined as the force used by a subject under arrest against the officer(s)
who is effecting the arrest. Although the resistance offered by a subject is usually
physical, the type and amount of resistance an officer meets is determined by the
subject's level of intent. The intent of the subject may range from passive resistance to
an active, aggressive attack on the officer.
Resistance may be categorized into three broad areas; 1) verbal dialogue, i.e., denial or
threats of resisting arrest; 2) physical resistive actions, i.e., passive resistance /active
resistance; and, 3) aggressive acts; i.e., against the officer, often leading to severe
physical injury. The officer's actions to resistance shall be based upon his perception of
the level of resistance. The officer has been trained to use the necessary amount of
force to control a subject offering any level of resistance.
Psychological Intimidation:
Non - verbal actions, often called body language, often influence an officer's
decision on how to approach a subject or what level of force to use if a subject
starts to resist an arrest. Non - verbal intimidation actions may include clenching of
E
3
(v�)
Directive: P151
Date: 05 -01 -08
• fists, widening of foot stance or a blank expression that may warn an officer of the
individual's emotional state. These non - verbal intimidation actions often warn an
officer of a subject's potential for violence, even when the subject has offered no
verbal threats.
However, an officer's reaction to a subject's non - verbal intimidation signals should
be used as information to mentally propose the officer's alternatives to possible
attack, not as a justification for attack. An officer, who reads the non - verbal signals
and believes that physical control is necessary to prevent a subject from injury
himself/herself, others, or the officer, may initiate action before the subject makes
any overt moves.
2. Verbal Non - Compliance:
A subject's dialogue that offers the threat of physical resistance to an officer's
commands is not normally considered resistance until he /she physically resists
control. However, dialogue in the form of threats of physical injury may influence
an officer's opinion as to the amount of force needed to effect control. An offender
may boast of his/her fighting skill and his/her intention to injure the officer, or
assume a fighting stance such as raised hands or clenched fists. Verbal threats or
psychological threats may influence the officer's judgement to attempt either empty
hand control, impact weapons, or even firearms if the subject has a weapon or has
such great physical skills that a threat to the officers life is perceived.
The reaction to verbal threats made by a subject may differ from officer to officer.
An officer's decision of the level of force necessary to control a subject shall be
based on his perception of the threat and the subject's ability to carry out that
threat. An additional factor is the officer's knowledge of his/her own physical ability
to manage the threat presented. If the officer believes that he /she does not have
sufficient skill to establish control with empty hand methods, he /she has been
trained to escalate the level of force.
Passive Physical Resistance:
Passive resistance is the lowest level of physical resistance. The subject resists
control through passive, physical actions. At this level, the offender never makes
any attempt to defeat the physical contact of the officer. Passive Resistance is
usually in the form of a relaxed or "dead weight" posture intended to make the
officer lift, pull or muscle the subject to establish control.
4. Defensive Physical Resistance:
Quite often officers find themselves confronting a suspect who is physically
resisting the officer's attempt to control the subject by directing overt, defensive,
physical actions. With this level of resistance, the offender attempts to push /pull
away, in a manner that does not allow the officer to establish control. However, the
subject never attempts to strike the officer.
Is 4
Mi
Directive: P151
•
Date: 05 -01 -08
5. Active Physical Aggression:
Active physical aggression is when a suspect attacks the officer to defeat attempts
of control. The attack is a physical assault on the officer in which the offender
strikes or uses techniques in a manner that may result in injury to the officer or
others.
6. Aggravated Active Physical Aggression;
Aggravated active physical aggression is when a subject uses a level of physical
force that the officer usually shall use, or at least, is justified in using deadly force.
At this level, officers may not only face resistance to an arrest, but also overt,
physical actions of force where the subject is assaulting the officer with a weapon,
and /or uses techniques or objects which could result in death or great bodily harm
to the confronting officer.
P151.09 Levels of Control
The force that an officer uses to gain control over a subject's resistant actions is divided
into the following categories: verbal direction, empty hand control, intermediate
weapons, and lethal force. Once an officer determines that he /she shall use physical
force, the level of force used shall be dependent upon the officer's perception of
• resistance and danger of that resistance, and whether that resistance is placing the
officer or another in jeopardy of serious injury or death. It is important to note that each
officer's perception of the danger of the level of resistance shall be based upon his/her
past training, experience, and knowledge of physical control techniques.
Verbal Direction:
Good communication skills or verbal direction can resolve the majority of
situations. Often, the mere presence of an officer and proper verbal direction shall
be sufficient to persuade most individuals to follow an officer's direction. In any
verbal confrontation, fear and anger shall be defused before a suspect shall be
able to understand the officer's commands; this requires good communication
skills and patience. Successful communication techniques can prevent many
physical confrontations from escalating to higher levels. '
2. Handcuffs and Restraints:
The purpose of handcuffs, Flexcuffs, or transport handcuffs is to restrain the
movements of a subject in a manner that provides a safe means of transportation
for officers. Restraints also prevent further physical resistance from a subject.
Courts have consistently held that handcuffing is a use of force, and thus shall
meet the reasonableness standard of Graham v. Connor, 109 U.S. 1865 (1989).
Officers shall consider the severity of the offense; whether the suspect poses an
immediate threat to the officer or others; and whether the suspect was actively
•
q ��
Directive: P151
Date: 05 -01 -08
• resisting or attempting to evade arrest by flight. There are three (3) things to
consider that can help reduce risks of using handcuffs: Tightness of the cuffs, pre-
existing injuries, and the use for officer safety. The departmental policies for the
use of restraints are as follows:
Arrestee
A. All subjects taken into custody should be handcuffed behind their back and
the handcuffs should be gapped and double - locked, unless certain,
documented exceptions are present.
B. Officers should respond to complaints about tightness of handcuffs as soon
as practically possible. Depending on the severity of the situation the officer
is handling, the time can vary. For example, if the officer is handling a
dangerous situation, it is acceptable to wait longer to check on a complaint of
handcuffs that are too tight. If it is a controlled situation the officer should
check immediately, and once assured they are not too restrictive, continue
with their work.
C. For the safety of officers, all subjects should be handcuffed before being
searched.
D. Except under exceptional circumstances, officers should not handcuff a
subject to fixed objects such as posts, vehicles, buildings, etc.
• E. It is not uncommon for an officer to arrest a subject, place him/her in
restraints, and then have the subject start to resist. If an officer does
encounterthis type of resistance, the officer should utilize control techniques
to prevent injuries to the officer or injuries to the subject. Due to a high
degree of probability of injury and potential for positional asphyxiation,
subjects should not be restrained in any fashion where the hand restraints
and ankle restraints are connected to each other (i.e. hog tie).
F. Behind the back handcuffing of a non - threatening, non -flight risk, cooperative
arrestee, who has been arrested for a minor crime, and who has informed
the officer of a pre- existing injury, may constitute excessive force.
G. Not every situation allows for officers to handcuff and claim officer safety as
the reason. "Officer Safety" is defined as a situation that would lead a
reasonable officer to believe that there is a reasonable safety concern.
H. Under all circumstances, at a minimum, a use of force report shall be
completed anytime a person is placed in hand restraints by an officer.
• 6
qt�
Directive: P151
Date: 05 -01 -08
• Mental Health
Handcuffing of person(s) taken into custody on an emergency hold is addressed in
policy P330.06.1.
Additionally, when a person is placed in handcuffs and then questioned in an
Investigative manner, a higher standard of voluntariness could be argued. Under
this circumstance, a reasonable person may not believe they were free to leave
while they are handcuffed.
3. Empty Hand Control:
Empty hand controls are physical contact techniques that cover a number of
subject control methods. Some of these methods may be as subtle as gently
guiding a subject's movements, to more dynamic techniques such as strikes, kicks,
or neck restraints which may have a higher potential of injury to the subject. This
policy divides empty hand control into two categories; soft empty hand control,
which are techniques that have minimal implications of injury, and hard empty
hand control which are techniques that have a higher probability for subject injury.
A. Soft Empty Hand Control:
This level of control is used when an officer faces passive or defensive
physical resistance. These are methods of physical. control that usually
• subdues an offender without any severe injuries. Techniques which fall into
this category are: strength techniques, joint locks, leverage locks, pain
compliance techniques such as pressure points, or strikes that temporarily
inhibit a subject's movement. These strikes are designed to create loss of
breath, muscle cramping, or mental disorientation.
B. Hard Empty Hand Control:
This level of control is for high levels of defensive resistance, active
aggression, or aggravated active aggression. These techniques are applied
when lower forms of control have failed or when not applicable, because the
subject's resistance level was at a perceived dangerous level. Techniques
that fall into this level of force have a probability of creating soft or connective
tissue damage, skin lacerations that require medical attention, or bone
fractures. Although the use of these techniques may create some minimal
injury to the offender, an officer may be risking injury to him/herself or have to
utilize higher levels of control (such as intermediate weapons) if hard empty
hand control is not used. Techniques that are considered as hard empty
hand tactics are:
1) Striking Techniques - which are techniques that may be delivered
with an officer's open hand, fist, forearm, leg, or foot. Preferably, the
target points for these types of strikes shall be delivered to major
1J
Directive: P151
Date: 05 -01 -08
muscle mass such as the legs, arms, shoulders, or side of the neck. If
the targets are these, the strikes shall create muscle cramping, thus
inhibiting muscle action. However, it may be necessary for the officer
to strike areas where there is a potential for injury, such as the face or
very sensitive areas of the body.
2) Medical Considerations: Any time an officer finds it necessary to
strike a subject where an injury occurs, it is the policy of this
department that the officer shall:
a) Immediately contact the supervisor or senior officer on duty and
advise him/her of the nature of the injury.
b) The supervisor, senior officer on duty or the officer shall
transport, or cause to be transported, the subject to the closest
medical facility for medical attention.
4. Intermediate Weapon Control:
This level of control employs the use of department approved tools that provide a
method of controlling subjects when deadly force is not justified, but when empty
hand control techniques are not sufficient in effecting an arrest. Whenever an
officer uses an intermediate weapon for control, it should always be with the intent
to temporarily disable an offender, and never with the intent of creating permanent
injury. When intermediate weapons are used, it is quite likely that some form of
skin irritation, bruising, soft or connective tissue damage to bone fracture may
occur.
Impact Weapon:
The department approved baton, which is the expandable straight baton or PR24,
is a tool that can provide a means by which an officer can defend himself or
another from injury and a means of controlling offenders when an officer is facing
resistance in the form of active aggression or aggravated active aggression. The
polices of the carrying and use of impact weapons are as follows:
A. No officer shall carry an impact weapon in which he /she has not had certified
training.
B. The impact weapon should be carried in the baton ring or in a low profile
position when the baton is not being used.
C. At no time shall an officer unnecessarily brandish, or use the impactweapon
as an intimidation device unless the officer is attempting to prevent the
further escalation of force.
is
[3
qLO)-
Directive: P151 Date: 05 -01 -08
• D. All strikes with an impact weapon should be delivered to the following areas;
major muscle mass; such as the forearms, thighs, or calves. These locations
should be primary targets because of the low implications of subject injury.
Impact weapon strikes normally create severe muscle cramping which
inhibits a subject ability to continue aggression.
1) Joints or Bones: These targets, the elbows, wrists, and knees, have
a high probability of creating soft or connective tissue damage or bone
fractures when struck with an impact weapon.
2) Head, Neck. Throat and Clavicle: Impact weapon strikes to these
areas should not be used unless the officer is justified in deadly force.
These striking points have high implications of creating severe injury in
the forms of great bodily harm or death.
P151.10 Reporting the Discharge of a Firearm
1. Whenever an officer discharges a firearm, whether accidental or intentionally,
while in an official capacity, or department owned weapon at anytime, he /she shall
immediately, or as soon as circumstances allow, do the following:
A. Determine the physical conditions of any injured person and render medical
aid when appropriate.
• B. Request necessary support personnel and emergency medical aid.
C. Notify a supervisor.
2. The supervisor shall proceed to the scene of the incident, temporarily isolate the
officer involved and begin an investigation.
3. If the incident is determined to be an accidental discharge with no injuries, the
procedure shall be:
A. The supervisor shall notify the chief of police and apprise him/her of the
incident.
B. The supervisor and the officer involved shall each complete a report on the
incident prior to going off duty.
4. If the incident involves the intentional use of deadly force, or has resulted in an
injury or death the procedure shall be:
A. The supervisor shall notify the chief of police and apprise him /her of the
incident.
0 9
9(9�
Directive: P151
Date: 05 -01 -08
• B. The supervisor shall notify the Minnesota Bureau of Criminal Apprehension
(BCA) and request that an investigator is assigned to the investigation.
C. If a death has occurred the McLeod County Coroner shall be contacted.
D. The officer(s) involved shall be required to submit to the following tests:
1) Blood and /or urine (alcohoVdrug screening).
2) Paraffin (gunpowder residue).
E. The officer(s) involved shall be required to surrender all department issued
firearm(s) under his/her control. The Chief of Police shall attempt to issue
the officer(s) another weapon as soon as possible taking into consideration
the facts of the incident, physical /psychological condition of the officer(s),
and availability of weapons.
NOTE: It should be noted that the requirements of Sections D and E
need to be conducted discreetly so as to not stigmatize the
officer(s) involved with a feeling of guilt.
F. The officer shall not be required to complete an incident report until ordered
by the Chief of Police (Garrity Warning)
• G. After giving consideration to the constitutional rights of the officer involved
the supervisor and the BCA investigator shall begin an investigation. The
supervisor's responsibility shall center on administrative issues. The BCA
investigator shall investigate the incident from a criminal intent perspective.
The investigations shall not be conducted in concert.
NOTE: If a conflict arises in the collection of evidence, the criminal
investigation shall take precedence over the administrative
investigation.
The BCA shall be responsible for the following
1) Interviews with the officer and any witnesses.
2) Collection of all physical evidence.
3) The completion of all investigation reports.
4) Keeping the chief of police informed of the status of the investigation
H. The officer(s) involved shall be placed on administrative leave with pay until a
final determination by the chief of police and county attorney is made. Prior
to reinstatement to routine duties the officer(s) shall be required to be
a��
Directive: P151
Date: 05 -01 -08
• evaluated by a professional psychologist/psychiatrist. Only the Chief of
Police may waive this requirement.
NOTE: It should be noted that officers involved in shooting incidents
frequently experience "post traumatic stress" in various forms. It
shall be the policy of this department to be sensitive to an
officer(s) emotional need. Professional counseling /assistance
shall be made available to officer(s) involved in shooting
incidents. All attributing costs shall be bome by the police
department. Peer guidance shall also be made available
pursuant to the Critical Incident Stress Debriefing policy. (See
P381)
All press releases related to the investigation shall be the responsibility of the
chief of police.
J. Only the chief of police may alter this procedure. He /She may at any stage
of the investigation request assistance in or completion of the investigation
by another agency with the jurisdictional authority to do so.
5. The routine discharge of a weapon during training or for the necessary destruction
of an animal is exempt from this procedure.
P151.11 Reporting the Use of Force
• Any time an officer utilizes force either non - lethal force or deadly force, the officer shall
complete a "Use of Force Report" form. The officer's report should indicate the level of
resistance the officer met, and the specific level and type of force the officer used to
establish control. In the event a death occurs from the use of force, the completion of
this report shall be delayed until the completion of the criminal investigation in the event
the Chief of Police orders one. The form shall be placed in the case file.
11
q ta)
I
�J
HUTCHINSON POLICE SERVICES
PROCEDURE
Subject Tasere
Directive:
P165
Date Issued: 05 -01 -08
Date Effective:
05 -01 -08
1 Supersedes:
Number of Pages:
4
P165.01 Purpose
The purpose of this policy is to provide guidelines for the use of the X -26 Advance Taser.
The X -26 Advanced Taser has been determined to be an extremely effective, less than
lethal weapon for gaining compliance of uncooperative subjects /suspects.
P165.02 Scope
Training and use to all officers who are issued the X -26 Advanced Taser.
P165.03 Definition
The X -26 Advance Taser is a hand held, aimed, battery operated, less lethal electronic
control device. Voltage is applied to a subject by two probes connected to conducting
wires propelled from a charged cartridge, or from direct contact. The unit uses an
Electro- muscular disruptive system that overrides the central nervous system. The X -26
develops 50,000 volts at 0.162 amps of electricity which when applied affects the
sensory and motor nervous systems resulting in temporary, involuntary, muscle
• contractions. The contractions will incapacitate a subject so they can be placed under
the control of law enforcement officers.
For the purpose of this policy the X -26 Advanced Taser is considered a less lethal
weapon likely to have less damaging effects on a subject/suspect than hard empty hand
control techniques (striking and kicking) or impact weapons (baton) and shall be listed on
the force continuum before these use of force options.
P165.04 Application
The X -26 Advanced Taser may be used in situations where force is justified to
control an aggressive, non - compliant subject/suspect thereby reducing the
likelihood of injury to officers and suspects /subjects.
2. The maximum range is 35 feet.
3. The X -26 Advanced Taser may be deployed by direct drive /stun contact when a
physical confrontation is already in progress with other officers.
4. The deploying officer shall inform other officers of the presence and planned use
of the Taser prior to deployment if feasible, so the shot of the Taser is not mistaken
for a gun shot. The verbal command used should be "Taser".
n
U
� (0),
Directive: P165
•
Date: 05 -01 -08
5. The X -26 Advanced Taser will cycle for a period of five seconds, but may be
turned off sooner as the situation warrants. The X -26 Advance Taser may be
cycled again by depressing the trigger if the suspect/subject continues to resist
The use of clear, repetitive, verbal commands shall be used in order to attain
compliance after the application of the Taser.
Officers should move in, restrain and control the suspect/subject as soon as it is
safe to do so.
8. The probes should be removed (as training dictates) and considered a biohazard
and handled appropriately. This includes the use of gloves and designated
biohazard containers.
9. The appropriate first aid shall be given to the persons affected by the Taser. (See
medical treatment section)
P165.05 Medical Treatment
When the Taser has been used on a suspect/subject, officers should seek medical
treatment if requested or in obvious need.
2. Medical personnel should remove probes that have penetrated soft tissue areas.
• (Face, eyes, neck, groin, and genital areas)
3. An officer /employee of the same sex, when possible, should remove the probes
from a suspect/subject when feasible.
4. Basic first aid should be administered to the wound site as soon as possible after
control is achieved. (Cleanse and bandaging)
P165.06 Safety Considerations
The Taser should not be used when the subject is in danger of falling from a
significant height.
2. The Taser should not be used when a subject is in water where drowning is a
possibility.
3. The Taser should not be used on women known to be pregnant unless other
effective means of force have been used with unsuccessful results.
4. Officers are to make every effort to avoid probe placement in soft tissue areas.
Soft tissue areas include face, neck, groin, and genital area.
g t�)
Directive: P165
•
Date: 05 -01 -08
5. Officers should not overlook the possibility of injury that may result from falling
from a standing position.
P165.07 Restricted Uses
The Taser should not be used on individuals exhibiting compliant or passive
resistive behavior.
2. The Taser should not be used on restrained individuals unless the actions of the
subject present an immediate threat of bodily harm to themselves or another
person.
3. The Taser should not be used when the presence of flammable gases, fumes, or
liquids is known to be present.
4. The Taser shall not be used to harass, taunt, abuse, or coerce subjects /suspects.
P165.08 Documentation
Officers are required to fully document the use of the Taser in their report and use
of force report
2. Officers should photograph the probe impact area and any other injuries sustained
• due to the use of the Taser. If the subject/suspect is of the opposite gender, a
same gender officer /employee, when possible, should take the photographs if
feasible.
3. Officers shall complete a "Use of Taser" report after each incident where the Taser
was used against a subject/suspect.
4. Officers shall log the spent cartridge with probes and wires into evidence after
each discharge.
5. Officers shall have the deployment information downloaded from theirTaserafter
each incident involving deployment as soon as possible. Supervisors or Taser
instructors shall be responsible for downloading information.
6. Following each Taser deployment the Chief of Police or his or her designee shall
order a sergeant to review why the Taser application was initiated, how the Taser
application was supervised and what procedures were utilized during the
application. Generally, the sergeant who coordinates the departments Taser
program will be the employee directed to conduct this review. This review shall be
initiated within 72 hours of the application.
•
3
q1!:)
CJ
Directive: P165
P165.09 Training/ Deployment
Date: 05 -01 -08
1. Certified Taser instructors shall train all officers prior to them carrying the Taser.
2. Officers shall train and qualify with the Taser on an annual basis at a minimum.
3. All uniformed officers trained with the Taser should carry it on their person while on
duty. (Unless a Taser is not available)
4. Tasers shall be checked prior to the start of an officer's shift to ensure it is in good
operating condition.
5. Tasers shall be worn in department approved carriers.
6. Tasers should be assigned to a specific officer(s) during Special Response Team
assignments if feasible.
P165.10 Storage / Maintenance
1. Tasers shall be stored in a safe and secure location when officers are off duty.
•
•
2. Officers shall report any malfunctions or problems to a Taser instructor or
supervisor as soon as possible.
3. Taser maintenance shall be handled by Taser instructors.
4
q��
.1
HUTCHINSON POLICE SERVICES
PROCEDURE
C�
Subject Vehicular Pursuit
Directive:
P230
Date Issued: 05 -01 -D8
Dale Effective:
05-01 -08
Supersedes:
07 -01 -99
Number of Pages:
11
P230.01 Purpose
The purpose of this directive is to define vehicular pursuit, identify how and when a
pursuit may be undertaken and identify when a pursuit should be terminated.
P230.02 Policy
It is the policy of Hutchinson Police Services to apprehend violators of criminal and /or
traffic statutes or ordinances. Officers of the Hutchinson Police Services, when using a
city owned police squad car, may pursue violators, however, shall exercise reasonable
care over the vehicle at all times when operating the vehicle while engaged in a vehicular
pursuit. Officers shall, while engaged in a vehicular pursuit, continually evaluate the
pursuit and terminate the pursuit when the danger to the general public or the officer
outweighs the need for immediate apprehension.
P230.03 Caveat
Drivers of authorized emergency vehicles while in the performance of their official duties
are granted exemptions, by statute, from certain traffic laws. These exemptions are
provided to help safeguard lives, not to place them at undue risk.
• P230.04 Definitions
Pursuit — A multi -stage process by which an officer initiates a motor vehicular stop by
giving a visual and / or audible signal to stop and the vehicle operator resists the signal,
increases his / her speed, takes evasive action and attempts to elude the officer or
refuses to stop the vehicle.
Roadblock —The intentional placement of a barrier, (usuallya motor vehicle), in front of,
along side of, or behind a fleeing vehicle. The purpose of a roadblock is to channel,
divert, direct, impede or terminate the suspect vehicles movement. A roadblock may be
moving or stationary.
Motor Vehicle — For purposes of this policy "motor vehicle" has the meaning given it in
section 169.01, subdivision 3, and includes snowmobiles and off -road recreational
vehicles.
Emergency Vehicle — A publicly owned police motor vehicle that is authorized,
equipped and identified according to Minnesota State statute. Refers to both marked
and unmarked police vehicles.
Primary Unit — The unit/ officer which is closest to the fleeing motor vehicle. Generally
this is the officer who has initiated the pursuit.
n
LJ
9 ��j
Directive: P230
Date: 05 -01 -08
• Secondary Unit(s) — The unit(s) / officer(s) which remain at a safe distance behind or
parallel to the primary unit to provide assistance, support and communication.
Supervisor The person of rank who is the shift supervisor at the time of the pursuit or
the senior officer on duty.
Termination — The voluntary or involuntary cessation of movement by the suspect(s)
motor vehicle or when the primary unit / officer decides to discontinue the pursuit or
when the supervisor determines that the involved units should discontinue the pursuit.
P230.05 Initiating a Pursuit
Pursuit Justification
A. An officer may initiate a pursuit of a motor vehicle containing an individual(s)
who the officer believes has violated a state statute or city ordinance, if the
vehicle attempts to flee from the officer following the activation of emergency
equipment.
B. The initial decision to engage in a pursuit shall lie primarily with the officer
who has initiated the vehicular slop.
2. Pursuit Considerations
Elements to be considered by the primary unit / officer before initiating a pursuit
shall include, but are not limited to:
A. The nature of the violation preceding the attempt to stop the motor vehicle in
question.
B. The crime(s) for which the suspect(s) are wanted.
C. The other motor vehicle / pedestrian traffic present.
D. The area of the pursuit.
E. The environmental, weather, road conditions.
F. Whether the identity of the suspect(s) is known.
3. Pursuit Standards
A. Onlyone police squad car can be involved in the direct pursuitof the suspect
vehicle. This vehicle shall be called the "primary unit".
2
•
qL
e
Directive: P230 Date: 05 -01 -08
• B. Only police vehicles with emergency lights and sirens shall be used as
pursuit vehicles.
C. When police vehicles become involved in a pursuit the officer(s) shall
activate the emergency lights and siren and utilize them throughout the
duration of the pursuit.
D. Generally, a marked squad car equipped with emergency lights and siren
shall engage in a pursuit. If an unmarked squad initiates the pursuit the
officer driving the unmarked squad should disengage from the. pursuit as
soon as a marked squad can assume the primary position.
E. Emergency vehicles shall be driven in a safe and lawful mannerand with due
regard for public safety.
F. The primary unit / officer shall continually consider the risks created by the
pursuit as those risks may change during a pursuit.
G. There has to be a reasonable expectation of a successful apprehension of
the suspects.
H. The officer's decision to continue a pursuit may be overridden by a
supervisor, or senior officer in the absence of supervisor, at any time.
• I. Roadblocks established shall conform to this policy and the Use of Force
policy. (See P230.07 and P151).
J. Vehicle to vehicle contact shall conform to this policy and the Use of Force
policy. (See P230.07 and P151).
P230.06 Pursuit
1. Primary Unit / Officer Responsibilities
If an officer has decided a pursuit is necessary he /she shall transmit the following
information to communications:
A. Unit / officer(s) identification.
B. The fact that a pursuit is in progress.
C. Location and direction of travel.
D. Description of vehicle being pursued, including license number if possible.
E. Description of suspect(s).
• 3
9(a�
Directive: P230
Date: 05 -01 -08
• F. Identity of suspect(s) if known.
G. The reason or offense for which the suspect(s) is being pursued.
H. Speed of both vehicles.
Any other pertinent information about suspect vehicle or environment. Le.
suspect is driving without lights; wrong lane of travel, weaving, weapons,
officer lost sight of vehicle, road conditions. Etc.
2. Secondary Unit(s) / Officer(s) Responsibilities.
A. Other police vehicles that are available to assist the primary unit shall not
engage in the actual pursuit but shall attempt to take positions that may
parallel or provide traffic control or diversion, tire deflating device deployment
or approved roadblock assistance. These vehicles shall generally be
referred to as backup units.
B. One police vehicle may follow the primary unit but not become actively
involved in the pursuit. This vehicle is generally referred to as the
"secondary unit". This unit / officer shall provide support, assistance and
communication.
3. Communication Responsibilities
A. Coordinate critical information as timely and accurately as possible.
B. Immediately advise the supervisor on duty that a pursuit is in progress. In
the absence of a supervisor, the senior officer on duty shall be notified, and
shall assume the responsibilities of a shift supervisor for the purposes of the
pursuit (G100).
C. Whenever communications received radio transmissions from the primary or
secondary units, he / she shall immediately repeat said transmission so as to
advise and update assisting officers of the primary and secondary unit's
location, direction of travel and any other change in the conditions
surrounding the pursuit.
D. All assisting units shall attempt to minimize their radio transmissions so that
the primary and secondary units, the supervisor and communications can
coordinate the pursuit without unnecessary interference. Only vital
information relevant to the pursuit should be transmitted.
4. Supervisory Responsibilities
A. Once the on duty supervisor is notified that an officer has become involved in
a pursuit, he / she shall acknowledge his / her presence immediately, monitor
4
Directive: P230 Date: 05 -01 -08
•
the pursuit activities and provide guidance and assistance to the involved
unit(s) and communications.
B. The supervisor shall immediately inquire the following information:
1) What is the purpose of the pursuit?
2) What are the current traffic road and weather conditions?
3) Can the officer identify the vehicle and / or the person driving the
vehicle?
4) Is the need to immediately apprehend the suspect more important than
the risk to the community created by the pursuit or can the pursuit be
terminated allowing the perpetrator to escape and be arrested at a later
time.
C. The supervisor shall continually monitor each pursuit situation. Based on the
available information, the supervisor shall make the decision to either allow
the pursuit to continue or be terminated.
D. The supervisor shall manage and have control over the activities of the
pursuit.
•
E. The supervisor has the authority to terminate the pursuit at any time.
P230.07 Roadblocks
Roadblocks are a means that may, under exceptional circumstances, be utilized to
apprehend a fleeing suspect's vehicle. A roadblock may be moving or stationary.
The roadblock is a dangerous technique and should only be utilized in situations
where there is a clear potential for threat to life or serious injury to others if the
suspect is not apprehended.
2. If a stationery roadblock is used, it shall be progressively more restrictive
A. Level I: An initial roadblock should involve a squad car in the opposite lane
of traffic, parked and angled toward the suspect vehicle with its emergency
lights activated. The entire lane of the suspect vehicle shall be kept clear.
B. Level II: The next established roadblock might involve two cars parked and
angled toward the suspect vehicle. One car is in the lane to the left of the
suspect vehicle and the second car is straddling the centerline allowing an
escape route on the shoulder of the suspect's lane. The second car may be
positioned with its rear towards the suspect vehicle to enable the operator of
the car to engage in the pursuit if necessary.
•
5
q �02)
Directive: P230
Date: 05 -01 -08
is C. Level III: The next roadblock that may be used shall offer no escape route.
This roadblock may only be used if the use of deadly force can be justified to
protect the lives of officers or civilians. Squad cars may block the entire
roadway and shoulder area of the roadway. The establishment of a Level III
roadblock shall be approved by the on duty supervisor, or senior officer in
their absence, before being established.
3. Whenever a stationery roadblock is utilized, officers are to leave the squad car and
position themselves in a manner where they are not going to become Involved in
an accident situation should the suspect vehicle collide with the roadblock.
4. A moving roadblock may be utilized by placing a squad car ahead of the suspect
vehicle and traveling at same speed. The squad car then decreases speed
thereby forcing suspect vehicle to decrease speed. This type of roadblock shall be
used only in an area where there is adequate distance to attain suspect vehicles
speed and decelerate without danger to the public. Further, if information is
available that the suspect(s) are in possession of a firearm(s), this type of
roadblock should not be utilized.
5. Intentional police vehicle to suspect vehicle contact is generally prohibited.
Intentional contact with a suspect vehicle is permitted only under the following
conditions and when the following criteria are met:
A. When the purpose of the contact is to "pin' or "box" a suspect vehicle into
• another object or suitable terrain so that its movement can be terminated.
B. The contact has to be performed at low speeds (under 20 mph). Other
considerations are:
1) Suspect vehicle type. Vehicles with short wheelbases or ride high off
the ground have a higher probability to roll.
2) The environment (road condition and design, weather condition and
terrain).
3) Contact area on the suspect(s) vehicle. (Head -on, driver door and
passenger door when someone is present, contact is prohibited).
6. If a roadblock is established, all participating units shall be advised via the
communication specialist that a roadblock is being established, what level of a
roadblock is being established, and the location of roadblock.
The establishment of a roadblock shall follow the following criteria:
•
A. On a straight stretch of road with maximum visibility allowed for the suspect
on his /her approach.
9�
Directive: P230 Date: 05 -01 -08
. B. The roadblock should minimally afford 1/4 -mile visibility by the suspect to
allow adequate time for him/her to stop.
8. If a participating unit takes it upon himself/herself and establishes a Level III
roadblock, without following the aforementioned procedure, the primary unit shall
immediately terminate the pursuit.
P230.08 Tire Deflating Devices
The Stinger Spike system, Model #ZC -1, is a compact, lightweight, 15 1/2 foot long tire
deflation device which is used for terminating high speed vehicle pursuits. The Spike
System uses a rocking arm action that tilts hollow spikes into a suspect's vehicle's tires
at the correct angle for maximum penetration, allowing for a controlled deflation. The
device is effective in either direction and at any speed.
1. A Stinger Spike system is stored in the trunks of all of the marked patrol vehicles.
2. Prior to deploying a spike System, officers shall have received training on its use.
3. The use of protective gloves and eyewear are required during the deployment of
the spike system.
4. Deployment of the Stinger Spike system is as follows:
• A. Officer(s) deploying the spike system should be in position at a
predetermined location in sufficient time to allow for proper deployment.
B. A deployment plan should provide for close coordination between pursuing
unit(s) and the officer(s) deploying the spike system.
C. Deploying officer(s) should select a location that allows for maximum visibility
to enable him/her to observe the pursuit and other traffic as it approaches.
1) This location should allow the officer(s) to deploy the spike system from
a relative position of safety.
2) During deployment, officer(s) should position their squad car to the
extreme right side of the roadway opposite of the direction of travel of
the pursuit and activate its' emergency lighting system.
3) Whenever possible, other assisting officer(s) should stop or divert any
other oncoming traffic from the deployment area.
D. The spike system shall be deployed in accordance to the manufacturer's
recommendations:
1) Deployment by throwing.
•
Q Lo�
•
Directive: P230
2) Deployment by pulling.
Date: 05-01 -08
NOTE: The pulling method requires the deploying officer to cross lanes
of traffic.
E. Once the spike system is in place, all pursing unit(s) shall be notified and
everyone at the deployment location should seek a position of safety.
1) Officer(s) are not allowed to return, to remain in, or stand near their
squad car following deployment.
2) At no time should anyone have contact with the spike system or its
deployment rope while they are being driven over by the fleeing
vehicle.
F. The deploying officer(s) is /are responsible for securing the spike system
immediately after its use. This shall include the recovery or replacement of
any detached or lost spike. Maintenance of the spike system for reuse and
storage shall be conducted according to the manufacturer's
recommendations.
1 7 J
G. The Stinger Spike system should not be deployed to stop the following
vehicles unless continued movement of the suspect vehicle would result in
an increased safety hazard to others:
1) Any vehicle transporting hazardous materials.
2) Any school bus transporting students.
3) Any transit vehicle transporting passengers.
4) Any two wheel vehicles, unless deadly force is justified.
P230.08 Terminating a Pursuit
Discussion
It is recognized that an officer may initiate a pursuit for any violation witnessed,
however, the officer shall make the determination as to whether or not the danger
of escape outweighs the danger of the pursuit. The officer shall weigh the severity
of the offense, the danger posed by the defendant if he /she is not apprehended
and the chances of subsequent identification against the risks created by traffic,
weather, roadway conditions, the fugitives driving conduct and the condition of the
vehicles involved. Terminating a pursuit shall be a decision made in the interest of
public safety.
n
U
0
C ( La)-
Directive: P230
Date: 05 -01 -08
• 2. Factors Influencing Termination
A. The conditions of the pursuit become too risky for the safe continuation of the
pursuit.
B. When the suspect is known and could be apprehended later, and to delay
apprehension does not create a substantial known risk of injury or death to
another.
C. When visual contact is lost for a reasonable period of time or the direction of
travel cannot be determined.
D. If information is communicated that indicates the pursuit is out of compliance
with policy.
3. Tactical Considerations after Termination.
Once the pursuit has been voluntarily or involuntarily terminated and the involved
officers have the suspect(s) and vehicle contained, they should utilize cover and
concealment tactics and initiate felony arrest procedures for taking the suspect(s)
into custody. Officers should not rush the suspect(s) or vehicle. If it becomes
necessary to approach the vehicle, it should be done only after a tactical plan has
been developed and any possible crossfire situations have been addressed. At no
time should an officer attempt to break out a vehicle's windows with their firearm.
. 4. Termination by a Supervisor /Senior Officer
In the event a decision is made by the on -duty supervisor /senior officer to
terminate a pursuit, all participating units shall immediately drive safely to the side
of the road and stop, deactivate all emergency lights and sirens, and advise
communications of their termination of the pursuit. Further, if an officer voluntarily
terminates a pursuit on their own, the same procedures as listed above shall be
followed.
P230.10 Inter - Jurisdictional Pursuit
When the Hutchinson Police Services is assisting another agency the supervisor
on duty shall make the determination if this department shall become involved in
the pursuit and whether or not this department shall remain in the pursuit. The
supervisor shall determine if the procedures as outlined within this directive are
being followed by the agency initiating the pursuit. If the procedures, as outlined in
this policy are not being followed, this department shall terminate any participation
or assistance in the pursuit of said suspect vehicle.
The assisting unit, before leaving its jurisdiction, shall receive approval from the
supervisor/ senior officer and shall notify communications.
•
01
Directive: P230 Date: 05 -01 -08
n
U
3. When applicable, officers should consider the use of the statewide emergency
frequency for communication purposes (channel 4 on all department radios).
P230.11 Air Support
Once contact is made with air support and air support has the suspect vehicle in sight,
the primary unit shall reduce the level of pursuit to that of support or other backup unit.
P230.12 Care and Consideration of Injured Victims
1. If during a pursuit an officer observes or is made aware of an injury to an
individual, the officer shall immediately notify Communications to have the
appropriate emergency units dispatched.
2. The primary unit / officer shall be responsible for ensuring that medical assistance
is provided to people who may have been injured during the course of a pursuit.
The primary unit / officer or supervisor may delegate the responsibility to render
that assistance to a specific support or backup unit
P230.13 Administrative Procedures Following Pursuit
1. The officer(s) involved in the pursuit shall immediately file a written report
indicating the following information:
•
A. The reason(s) for, and the circumstances surrounding the incident.
B. The alleged offense.
C. The length of the pursuit including time and distance.
D. The outcome of the pursuit.
E. Any injuries or property damage resulting from the incident.
F. Any pending criminal charges against the driver.
2. The supervisor on duty shall immediately file a report/memorandum as required, as
to when the supervisor became involved in the pursuit situation, how the
supervisor monitored the pursuit situation, and any directives so issued during that
pursuit.
3. The officer shall file the state pursuit reporting form, which shall be submitted
within 30 days to the Commissioner of Public Safety in compliance with M.S.A.
626.5531.
4. Following each vehicular pursuit, the Chief of Police, or his /her designee, shall
direct a Sergeant to review why the pursuit was initiated, how the pursuit was
•
10
q Lc�)
Directive: P230 Date: 05 -01 -08
• supervised and what procedures were utilized to terminate the pursuit. Audio and
visual recordings from Communications and squad cameras should be included in
this review. Generally, the Sergeant who coordinates the department's driving
program shall be the employee directed to conduct this review.
5. Following the review of the pursuit by the Sergeant and Lieutenant the Chief of
Police shall determine whether or not the officer and /or supervisor followed the
pursuit guidelines and the Chief may direct corrective measures if appropriate.
P230.14 Training
Hutchinson Police Services shall conform to the training requirements as
mandated by the MN P.O.S.T. Board. Officers shall receive, at a minimum, eight
(8) hours of training every three (3) years, four (4) of which shall be behind the
wheel.
n
4 0
11
9 L��
Proposed Farmers Market Location
The Farmers' Market will utilize half of Hassan St. between I" and 2 d A,%�enue SE. for the month of
June and possibl earl Jul or until more space is needed when ven-dors have more produce to sell.
When the Market is operatin at capacity,, the efflire street will need to be closed.
C
Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350-2522
320.587- 51511F1a 3242344240
•
McLeod County Commissioners
830 11 St. East
Glencoe, MN 55336
Dear Commissioners:
Because of the value the Hutchinson dispatch center provides to McLeod County, the
City Council is requesting that McLeod County submit a dispatch reimbursement to the
City on an annual basis. Please review the City's request and advise us by August 1,
2008, as to whether or not the reimbursement funding is feasible. This will aid the City
in appropriate planning and budgeting for future years.
Thank you for your consideration.
Sincerely,
• Hutchinson City Council
•
Primed on recycled papa -
Resolution No. 13411
A Resolution Requesting Increased Funds for the Hutchinson Police Services Dispatch Center From McLeod
• County
WHEREAS, all Hutchinson residents are also McLeod County residents, and;
WHEREAS, the City of Hutchinson through Hutchinson Police Services maintains a dispatch center to
answer emergency and non - emergency calls for service from residents of the City of Hutchinson, residents of
McLeod County and visitors to our area, and;
WHEREAS, through its 24 -hour operation, this Dispatch Center provides an invaluable phone and in-
person service to crime victims and injured persons, and;
WHEREAS, the Hutchinson Police Services Dispatch Center provides back -up dispatch services to all of
McLeod County if the McLeod County Law Enforcement Center is unable to operate due to power outages, natural
disasters, or the like, and;
WHEREAS, the City of Hutchinson has the greatest population concentration in McLeod County, and;
WHEREAS, because of this population concentration, the Hutchinson Police Dispatch Center answers
- over 4000 emergency calls per year
- 37,000 non - emergency calls per year
3500 in- person visits at the Dispatch Center per year, and;
WHEREAS, if the McLeod County Law Enforcement Center (Sheriffs Department) was to take over
these duties, the Sheriffs Department estimates that it would need to employ six additional dispatch personnel and
one additional supervisor at a cost of approximately $287,000 per year, and;
• WHEREAS, the effect of this full expense could be avoided if McLeod County would contribute monies
to the City of Hutchinson for continued operation of the Hutchinson Police Services Dispatch Center, and;
WHEREAS, McLeod County already provides complete dispatch services for all other cities in McLeod
County, and thus, should logically contribute to the continued operation of the Hutchinson Police Services Dispatch
Center,
THEREFORE BE IT RESOLVED by the City Council of the City of Hutchinson that the City Council
hereby requests a contribution from McLeod County towards the operation of the Hutchinson Police Services
Dispatch Center for the year 2009 in the amount of $50,000, for the year 2010 in the amount of $75,000, for the year
2011 in the amount of $100,000 and for the year 2012 in the amount of 5125,000, and a reasonable annual
inflationary increase thereafter.
Adopted by the City Council of the City of Hutchinson this 27' day of May, 2008.
Steven W. Cook
Mayor
ATTEST:
Gary D. Plotz
City Administrator
u
i -0 tg-)
r4
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Communication of Wellhead Protection Plan Status per Minnesota Department of
Health's Request
DATE: May 27, 2008
Per the request of the Minnesota Department of Health, the City should regularly report the status of the
previously approved Wellhead Protection Plan. Thus, City staff will provide a brief presentation regarding this
topic and answer any questions.
• No action is necessary by the City Councll.
cc: Gary Plotz - City Administrator
r1
U
Hutchinson City Center
u
May 22, 2008
Mark Larson
City Administrator
630 10 Street East
Glencoe, MN 55336
111 Hassan Sheet SE
Hutchinson, MN 55350.2522
320.587- 5151JFax 320.2344240
RE: Letter of Support — Momingside Avenue Safety Corridor
Dear Mr. Larson:
The City of Hutchinson formally issues this Letter of Support for the Momingside Avenue Safety
Corridor project. There are several reasons that make this project worthwhile and necessary
including the following:
1. The extension of Momingside Avenue would address local traffic flow and safety issues.
2. City of Hutchinson residents would benefit from an improved route connecting Trunk
Highway 22 to Trunk Highway 212. This TH 22/212 alignment has been dedicated as
the Inter - Regional Corridor to travel from the metro area to Hutchinson.
• 3. A large percentage of McLeod County citizens would have improved access to the
growing commercial and industrial areas of the City of Glencoe.
4. This route ultimately may be considered as an alternative to the existing TH 22 corridor
that currently transverses through the center of Glencoe.
Due to the need to acquire property for this extension of Momingside Avenue, the City of
Hutchinson hopes that a federal appropriation can be granted to ensure that a safe and efficient
corridor can be established.
If you have any questions regarding this letter, feel free to contact Kent Exner at 320.234.4212 or
kexner 7a,ci.hutchinson.mn.us . We look forward to working with the City of Glencoe on
other projects that have mutual and regional benefit.
Sincerely,
Steve Cook
Mayor
cc: Gary Plotz — City Administrator
0
Kent Exner, P.E.
City Engineer
Printed on reryded Paper -