cp10-28-2008 cAGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, OCTOBER 28, 2008
1. CALL TO ORDER— 5:30 P.M.
2. INVOCATION — Rev. Greg Nelson, Bethlehem United Methodist Church
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF OCTOBER 14, 2008
Action - Motion to approve as presented
6. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. HUTCHINSON AREA JOINT PLANNING BOARD MINUTES FROM SEPTEMBER 17, 2008
2, HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM
SEPTEMBER 16, 2008
3. PLANNING COMMISSION MINUTES FROM SEPTEMBER 16, 2008
4. CITY OF HUTCHINSON FINANCIAL REPORT FOR SEPTEMBER 2008
5. CITY OF HUTCHINSON INVESTMENT REPORT FOR SEPTEMBER 2008
6. PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2008
(b) RESOLUTIONS AND ORDINANCES
L RESOLUTION NO. 13488 — RESOLUTION CERTIFYING ASSESSMENTS
2. RESOLUTION NO. 13490 — RESOLUTION SETTING INTEREST RATE FOR 2008 ADOPTED
ASSESSMENT ROLLS
(c) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF REZONING OF 1285 HWY 7 WEST FROM R2 (MEDIUM DENSITY
RESIDENTIAL) TO C4 (FRINGE COMMERCIAL) REQUESTED BY CITIZENS BANK WITH
FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO.
13489 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF
ORDINANCE NO. 08 -0513 FOR NOVEMBER 12, 2008)
2. CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 153; SUBDIVISION CONTROL,
TO AMEND SECTION 153.39 AND 153.50 TO UPDATE THE FINAL PLAT FILING
• REQUIREMENT SAND ADD AN APPLICATION FEE FOR FINAL PLATS WITH FAVORABLE
PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND
READING AND ADOPTION OF ORDINANCE NO. 08 -0514 FOR NOVEMBER 12, 2008)
CITY COUNCIL AGENDA - OCTOBER 18, 1008
3. CONSIDERATION OF ZONING ORDINANCE AMENDMENT TO SPECIFY FENCE HEIGHT
REQUIREMENTS EXISTING
SECTION SET FAVORABLE RECOMMENDATION (WA VE FIRST READING AND ND READING
AND ADOPTION OF ORDINANCE NO. 08 -0515 FOR NOVEMBER 12, 2008)
4. CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 154.064, ADDING
"OFFICES, BUSINESS AND PROFESSIONAL" AS A PERMITTED USE IN THE C4 ZONING
DISTRICT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE
FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08-0516
FOR NOVEMBER 12, 2008)
(d) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 7 - LETTING NO. 4, PROJECT NO.
07 -04 (WASTEWATER TREATMENT FACILITY IMPROVEMENTS)
(e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action - Motion to approve consent agenda
7. PUBLIC HEARINGS- 6:00 P.M. -NONE
8. COMMUNICATIONS. REQUESTS AND PETITIONS
9. UNFINISHED BUSINESS
10. NEW BUSINESS
(a) DISCUSSION OF ENERGY CONSERVATION MEASURES AND GOALS
Action -
(b) CONSIDERATION FOR APPROVAL OF ARCHITECTURAL /ENGINEERING DESIGN SERVICES
AGREEMENT WITH TKDA & ASSOCIATES FOR AIRPORT HANGAR CONSTRUCTION
Action - Motion to reject - Motion to approve
(c) CONSIDERATION FOR APPROVAL OF POLICY GOVERNANCE POLICIES AND ENDS PLUG
Action - Motion to reject - Motion to approve
(d) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 08 -0517 - AN ORDINANCE REVISING
THE ORDER OF CITY COUNCIL AGENDA (WAIVE FIRST READING AND SET SECOND
READING AND ADOPTION FOR NOVEMBER 12, 2008)
Action - Motion to reject - Motion to approve
(e) DISCUSSION OF CAPITAL PROJECTS FUND
Action
(1) CONSIDERATION FOR APPROVAL OF FIRST AMENDED COMMON INTEREST COMMUNITY
PLAT AND DECLARATION AS RELATED TO ERICKSON'S DIVERSIFIED
Action - Motion to reject - Motion to approve
0. MISCELLANEOUS
12. ADJOURN
• MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, OCTOBER 14, 2008
1. CALL TO ORDER — 5:30 P.M.
Mayor Cook ca e t e meeting to order. Members present were Bill Arndt, and Jim Haugen. Member absent
was Ka} Peterson and Casey Stotts. Others present were Gary Plotz, City Administrator, Kent Exner, City
Engineer, and Marc Sebora, City Attorney.
2. INVOCATION — Rev. Greg Nelson, Bethlehem United Methodist Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
READING OF PROCLAMATION DECLARING OCTOBER 2008 AS TOASTMASTERS MONTH IN THE
CITY OF HUTCHINSON
4. PUBLIC COMMENTS
John Olson, Public Works Manager, resented before the Council. Mr. Olson presented a set of large
scissors crafted by City employee, Eldon Barkeim, to be used for ribbon - cutting ceremonies.
5. MINUTES
(a) REGULAR MEETING OF SEPTEMBER 23, 2008
• (b) BID OPENING MINUTES OF OCTOBER 7, 2008 (NORTHEAST TRUNK STORM SEWER PHASE 3)
Motion by Haugen, second by Arndt, to approve the minutes as presented. Motion carried unanimously.
6. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
I. FIRE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2008
2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM AUGUST 25, 2008
3. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR AUGUST 2008
(b) RESOLUTIONS AND ORDINANCES
RESOLUTION NO. 13485 — RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC
CONTROL DEVICES
2. RESOLUTION NO. 13483 — RESOLUTION AUTHORIZING GARY D. PLOTZ, CITY
ADMINISTRATOR. TO EXECUTE DOCUMENTS REQUIRED FOR REAL ESTATE PURCHASE
(MAPLEWOOD ACADEMY TRANSACTION)
3. ORDINANCE NO. 08 -0512 —AN ORDINANCE REGARDING CITY OF HUTCHINSON AIRPORT
AND MCLEOD COUNTY FAIRGROUNDS PROPERTY TRANSACTION (SECOND READING
AND ADOPTION)
(c) CONSIDERATION FOR APPROVAL OF FEE AGREEMENT WITH GAVIN, OLSON & WINTERS
LTD. FOR PROSECUTORIAL SERVICES
(d) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR
5tL)
CITY COUNCIL MINUTES - OCTOBER 14, 2008
9 PERFORMANCE APPRAISAL HELD ON SEPTEMBER 23, 2008
(e) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO.4 - LETTING NO. 13, PROJECT NO.
06 -15 (WASTEWATER TREATMENT FACILITY ADMINISTRATION BUILDING EXPANSION)
(f) CONSIDERATION FOR APPROVAL OF MASSAGE LICENSE FOR CATHERINE LIBOR LOCATED
AT 3 MAIN STREET SOUTH
(g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Item 6(d) was pulled for separate discussion.
Motion by Arndt, second by Haugen, to approve consent agenda with the exception of the item noted above.
Motion carried unanimously.
Item 6(d) had further discussion. Mayor Cook noted that he felt the goals and priorities were not clearly
defined in the summary. Therefore, he provided an amended summary for consideration.
Motion by Haugen, second by Arndt, to approve Item 6(d) with the language changes indicated in the revised
version of the summary. Motion carried unanimously.
7. PUBLIC HEARINGS - 6:00 P.M. -NONE
8. COMMUNICATIONS, REQUESTS AND PETITIONS
9. UNFINISHED BUSINESS
• (a) CONSIDERATION
ORDINANCE STRIKING 30.34(G)(5ROM HE HUTTCHIN ON CITY CODE (WAIVE FIRST D SET SECOND
READING AND ADOPTION FOR OCTOBER 28, 2008)
Marc Sebora, City Attorney, noted that this item was tabled at the last meeting at the request of Council
Member Stotts. Mr. Sebora will also be doing further research on the topic.
Motion by Haugen, second by Arndt, to table this item indefinitely. Motion carried unanimously.
10. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF AWARDING 2008 BONDS
- RESOLUTION NO. 13485 - RESOLUTION AUTHORIZING SALE OF GENERAL OBLIGATION
IMPROVEMENT BONDS
- RESOLUTION NO. 13486 - RESOLUTION AUTHORIZING SALE OF GENERAL OBLIGATION
STORMWATER REVENUE BONDS
- RESOLUTION NO. 13487 - RESOLUTION AUTHORIZING SALE OF GENERAL OBLIGATION
WASTEWATER TREATMENT REVENUE REFUNDING BONDS
Ken Merrill, Finance Director, presented before the Council. Mr. Merrill introduced Bruce Kimmel from
Ehlers & Associates who provided an overview of the bond sales. Mr. Merrill noted that the City did not
take in bids on Resolution No. 13487 due to the rising interest costs, therefore that Resolution does not need
to be considered.
Mr. Kimmel explained that four bids were received on the general obligation bonds with the low bid coming
in from Piper Jaftray and three bids received on the general obligation stormwater revenue bonds with Piper
Jaffray also coming in as the low bidder. The true interest rates on the bonds were 4.5% and 4.4%
• respectively. In addition, Mr. Kimmel explained that the City received an A -2 bond rating from Moody's.
Motion by Arndt, second by Haugen, to authorize sale of general obligation improvement bonds, adopting
5 LO-)
CITY COUNCIL MINUTES — OCTOBER 14, 2008
iResolution No. 13485. Motion carried unanimously.
Motion by Haugen, second by Arndt, to authorize sale of general obligation stormwater revenue bonds,
adopting Resolution No. 13486. Motion carried unanimously.
(b) CONSIDERATION FOR APPROVAL OF FIVE -YEAR CAPITAL IMPROVEMENT PLAN
Jeremy Carter, Assistant Finance Director, presented before the Council. Mr. Carter briefly reviewed the
five -year capital improvement plan, which included the projects and funding sources by department. The
capital improvement plan includes expenditures that exceed $10,000 and require more than one year to pay
off. The projects are prioritized within each department. Mr. Carter reminded the Council that this plan is
fluid and is adjusted annually due to funding issues. Gary Plotz, City Administrator, noted that currently he
put in place a policy that any expenditures over $5000 need his approval. That policy is in effect
indefinitely. Some general discussion was held on the automatic meter reading project that is currently in the
plan. Mayor Cook noted that he would like $50,000 earmarked in 2009 for the fire department megahertz
radio project that relates to public safety communication which will be state /federal mandated by 2013. The
Council concurred.
Police Chief Dan Hatten provided input on the regional advisory board that was put together to address the
mandates and identify grant sources for the conversion.
Motion by Amdt, second by Haugen, to approve five -year capital improvement plan, noting that $50,000
should be earmarked in 2009 for the megahertz radio within the Fire Department budget. Motion carried
unanimously.
Kent Exner, City Engineer, note�the follow projects are included on the plan for 2009: 6'h Avenue,
• McLeod Avenue, Elm Street, 10 Street, i l Street, Water Street, Kouwe Street and James Street. Of
course these projects will be determined by costs and the pavement management program.
(c) CONSIDERATION FOR APPROVAL OF ITEMS FOR NORTHEAST TRUNK STORM SEWER PHASE
3 PROJECT (LETTING NO. 3, PROJECT NO. 08 -03 & 08 -09)
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that nine bids were received
for this project with the low bidder being R &R Excavating with a bid of $463,359.32. This bid is much
lower than the $605.000 estimate. The requested action tonight is to accept bid and award contract.
Motion by Arndt, second by Haugen, to accept bid and award contract to R &R Excavating contingent on the
closure of the property transaction and receipt of the wetland conservation permit. Motion carried
unanimously.
(d) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP TO DISCUSS
ENTERPRISE FUNDS BUDGETS
Gary Plotz noted that an update on the health insurance numbers will also be given at this time.
Motion by Haugen, second by Amdt, to set Council workshop for October 28, 2008, at 4:00 p.m. to review
enterprise fund budgets. Motion carried unanimously.
(e) DISCUSSION AND CONSIDERATION OF POLICY GOVERNANCE POLICIES
Stacy Sjogren, Policy Governance consultant, presented before the Council. Ms. Sjogren reviewed ideas that
were brainstormed during the April 24, 2008, policy governance retreat. Ms. Sjogren suggested that a
workshop be scheduled to complete first revision to Ends policy draft. Ms. Sjogren reviewed the "next
steps" calendar with the Council.
• Gary Plotz suggested waiting to have the workshop until after the election so the newly elected officials can
attend.
5LOL),
CITY COUNCIL MINUTES - OCTOBER 14, 2008
Motion by Haugen, second by Arndt, to set November 20, 2008, from 4:00 p.m. - 7:00 p.m. as a policy
governance workshop. Motion carried unanimously.
Ms. Sjogren reviewed a Council meeting agenda template for review. Proposed items to be included on the
agenda were the following: Call to Order, Invocation, Pledge of Allegiance, Public Comments, Consent
Agenda, Educational Information, Governance, Policy Development, Governance Process, and
Miscellaneous/Incidental. Ms. Sjogren reminded the Council that they need to decide if a "New Business"
and/or "Unfinished Business" section is necessary.
Mayor Cook noted that the only real change he noticed to the template was that it included a Govemance
section. He would like to see that section added to the current agenda the City uses. He also suggested that
the Unfinished Business and New Business sections remain on the agenda. Mayor Cook suggested that
Govemance become Item 1 I on the current agenda, then Miscellaneous would become Item 12 and Adjourn
would become Item 13. Gary Plotz noted that the definition of New Business should be established. Ms.
Sjogren described an administrative tool that could be used to identify if a potential New Business item is a
means or an ends issue, which would determine if the issue needs to be placed on the agenda. Mayor Cook
would like the purpose statements to be included on the new agenda as well. The Governance section will
have the subcategories identified as well. The ordinance that dictates the order of the agenda will need to be
revised and considered at the next Council meeting.
Ms. Sjogren worked through the following policies with the Council:
Policy 3.2 - Accountability of the City Administrator was discussed. Marc has reviewed so that notation can
be removed. Also, City Charter should be capitalized in 3.2.1.
• Policy 4.5 - Council Members' Code of Conduct. Section 4.5.7 will be added, which reads Members will
treat each other with respect...; 4.5.8 Members will try to keep...; 4.5.9 Shall expect that innovation ... (see
policies).
Policy 4.8 - Governance Investment - 4.8.2: 4.8.2.1 - Gary Plotz noted that staff has suggested a minimum
of $7000.00 for training, conferences and workshops. 4.8.2.2 - Staff is suggesting $5000.00 for surveys,
focus groups, opinion analyses and meeting costs. 4.8.2.1 Council training. 4.8.2.2 for ommunf in ut
such as ......analyses, and meeting costs. Fiscal year 2009 will be inserted. Gary Plotz wi spea c to the
League of Minnesota Cities to get a better idea of the costs for LMC- sponsored training.
Policy 2.2 - Treatment of Staff: Mayor Cook suggested deleting Item 6 in blue. Mayor Cook suggested
removing Items 3 and 4 in blue and replacing it with general language pertaining to nepotism in the hiring
process (2.2.5). Item No. 5 in blue was removed. 2.2.6 was added (performance reviews). The following
language was suggested by Ms. Sjogren instead of the items in blue under 2.2.6: New 2.2.7: Shall not fail to
create a management culture that fosters continual individual and departmental improvement, personal
accountability, employee input and team work. Item 6 in blue will remain. Items 7, 8, 9, 10 and 1 1 in blue
were removed. The word "unsafe" will be inserted in the global statement at the beginning of the policy.
These policies will be considered for approval at the next Council meeting.
11. MISCELLANEOUS
Motion by Arndt, second by Haugen, to set October 16, 2008, at 7:00 p.m. at Event Center for South Fork
Crow River Open House as a public meeting. Motion carried unanimously.
Motion by Haugen, second by Arndt, to set October 30, 2008, at 7:00 p.m. for McLeod For Tomorrow
meeting in the Commissioners' Room at the McLeod County Courthouse. Motion carried unanimously.
Gary Plotz -Mr. Plotz noted that some complaints have been received regarding political and other signs on
the boulevard and at corners. Signs may be removed by city staff and can be retrieved by the owners.
4 5&!)
CITY COUNCIL MINUTES — OCTOBER 14, 2008
. Kent Exner — Mr. Exner commented that Gopher Campfire is installing their new fence around the park.
Staff is moving forward to see what the cost will be to make minor improvements to the roadway. Council
authorized up to $30,000 for roadway improvements to the roadway in front of Gopher Campfire sanctuary.
These funds will be utilized from the community investment fund. The goal is to have the work completed
yet this fall season.
Motion by Haugen, second by Arndt, to authorize up to $30,000 for roadway improvements in front of
Gopher Campfire sanctuary. Motion carried unanimously.
Mr. Exner also noted that a few months back the Council authorized a traffic control Resolution authorizing
installation of a bike lane on the north side of School Road. Upon further review, there are issues with the
intersection of School Road/Golf Course Road with the bike lane termination. Because of this, staff is
considering and requesting of Council to install a striped shoulder or a trail on School Road from California
Street to Golf Course Road. This project will be considered with next year's work.
Mayor Cook — Mayor Cook informed the public that the City has an updated web site that has some very
beneficial enhancements to the public. Mayor Cook also noted that he has suggested holding a youth
summit in early 2009 to see what is important to the youth in the community. This summit could lead to the
development of an ongoing group that could continually provide input to the city and the school district on
important issues to them.
Mayor Cook also asked Gary Plotz to check with the McLeod County Auditor on what sales were for their
last valuation year to give the City an idea on what the numbers are.
12. ADJOURN
0 Motion by Arndt, second by Haugen, to adjourn at 8:10 p.m. Motion carried unanimously.
0
MINUTES
HUTCHINSON AREA JOINT PLANNING BOARD
Wednesday, September 17, 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, Jim Lauer and Chairman Arndt. Absent: None Also present: Larry
Gasow, McLeod County Zoning Administrator, Rebecca Bowers, City
Planning Director, Marc Sebora, City Attorney, Marc Telecky, McLeod County
Assistant Zoning Administrator and Bonnie Baumetz, Planning Coordinator
2. APPROVAL OF MINUTES
a) Consideration of Minutes dated May 21, 2008.
Mr. Anderson made a motion to approve the minutes of May 21, 2008.
Seconded by Mr. Wirt, the motion carried unanimously.
• 3. PUBLIC HEARINGS
a) PRELIMINARY PLAT TO CREATE A ONE LOT PLAT FOR "WOOD
PRODUCTS SECOND ADDITION" IN SECTION 8, HASSAN VALLEY
TOWNSHIP AND TO REZONE THE NORTHERLY 1.34 ACRES OF LOT
4, BLOCK 1, WOOD PRODUCTS ADDITION SUBMITTED BY BUD
REINERT
Chairman Arndt opened the hearing at 5:30 p.m. with the reading of
publication #7716 published in the Hutchinson Leader on Thursday,
September 4, 2008.
Mr. Telecky commented on the request to replat a one lot plat to be
known as Wood Products Second Addition and rezone 1.34 acres of the
previous Wood Products Addition. He explained the location of the lot and
clarified the staff recommendations as follows:
1) The portion of Lot 4, Block 1, Wood Products Addition be down zoned
to "A" Agriculture to comply with the remainder of Mr. Reinert's
residential parcel.
2) The drainage and utility easement on the northwest property line of
existing Lot 4, Block 1, be recorded for its current purpose. Mr.
Reinert would need to record this easement on his new deed.
Mr. Telecky explained the easement exists with the first plat. He stated
Mr. Reinert would need to create an access off of the dedicated service
6 C8�1
Minutes
Joint Planning Board — September 17, 2008
. Page 2
road. Discussion followed on the placement of the driveway to access the
Reinert property on Lot 17.
Mr. Reinert has no changes to the plat. The driveway was previously
located where the recommendation suggests. Discussion followed on the
service road meeting standards. Mr. Telecky stated the service road is
dedicated for road.
Mr. Anderson moved to close the hearing. Seconded by Mr. Knutson.
The hearing closed at 5:44 p.m. Mr. Anderson made a motion to approve
the request to replat with staff recommendations. Seconded by Mr. Karg,
the motion carried unanimously. Mr. Knutson made a motion to approve
rezoning the 1.34 acres in Wood Products Addition from 1 -1 to Ag.
Seconded by Mr. Anderson, the motion carried unanimously. Mr. Gasow
stated this item would be forwarded to the County Board and placed on
their regular agenda, October 7, 2008, at 10:00 a.m.
b) PRELIMINARY PLAT AND REZONING SUBMITTED BY JAMES
HEIKES TO CREATE A TWO LOT PLAT OF °7 EAST TRAILVIEW AND
REZONING ONE ACRE OF LOT ONE FROM AGRICULTURAL TO
FRINGE COMMERCIAL IN SECTION 3, HASSAN VALLEY TOWNSHIP
Chairman Arndt opened the hearing at 5:48 p.m. with the reading of
• publication #7716 published in the Hutchinson Leader on Thursday,
September 4, 2008.
Mr. Gasow commented on the request to plat and rezone the property to
be known as 7 East Trailview. He explained the previous rezoning of
property and the one acre to be rezoned to C-4 (Fringe Commercial) He
reviewed the letter from MnDot who have determined no new access
openings will be permitted. Staff recommends approval of the requests
with the following recommendations:
There will be ingress/egress easements developed for the existing
adjoining residence and Lot 2 of Blk 1 of the proposed 7 East
Trailview Plat
Mr. Knutson moved to close the hearing. Seconded by Mr. Wirt. The
hearing closed at 5:52 p.m. Mr. Anderson made a motion to approve the
request for a replat with staff recommendations adding "easement
developed and recorded for the existing ... Seconded by Mr. Knutson,
the motion carried unanimously. Mr. Anderson moved to approve the
rezoning from Ag to C4 (Fringe Commercial). Seconded by Mr. Knutson,
the motion carried unanimously. Mr. Gasow stated this item would be
forwarded to the County Board and placed on their regular agenda,
October 7, 2008, at 10:00 a.m.
4. NEW BUSINESS
5. OLD BUSINESS
tD L &)k
Minutes
Joint Planning Board - September 17, 2008
• Page 3
Mr. Lauer asked staff for a timeline to update the Zoning Ordinance. Staff
explained they will discuss the Ordinance along with amending the Comp
Plan. Staff explained we need an overall plan before changing the ordinance.
Mr. Telecky suggested setting up a committee including members of the Joint
Board. He stated they need a long term plan first. Staff was instructed to
update the Board at the October meeting as a new business item. There was
a suggestion to begin with roads, access, feedlots and orderly annexation
issues.
6. COMMUNICATION FROM STAFF
a) UPDATE BY MARC SEBORA ON TOWNSHIP ROAD LIABILITY
Atty. Sebora explained his research regarding the liability of damage to
township roads. He commented on the cases regarding this. Discussion
followed on the township roads abutting City landowners and owned by
both entities.
ADJOURNMENT
There being no further business the meeting adjourned at 6:25 p.m.
I
L
U
4 Lc)- 1
Hutchinson Housing & Redevelopment
Regular Board Meeting Tuesday, September 16, 2008, 7:00 AM
Minutes
CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Becky Felling,
Joel Kraft and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming.
2. MINUTES OF THE HRA BOARD MEETING ON AUGUST 19, 2008
Chairman Casey Stotts asked if there were any corrections or additions to the August 19, 2008 Minutes.
There were none, so the August 19, 2008 Minutes were approved as written.
3. FINANCIAL REPORTS
a. Becky Felling moved to approve the City Center and Park Towers Financial Reports. Joel Kraft
seconded and the motion carried unanimously.
b. Joel Kraft moved to approve the payment of:
- up to $3,000 Downpayment assistance for previously approved HRA entry cost assistance loan
C W #9E contingent upon favorable review of loan review committee.
- MHFA Rehab Loans:
■ $2,505 to Meyeraan Construction for Humphrey Loan
■ $9,786 to Cornerstone Contracting for Kahle Loan
■ $2,800 to Even Temp for Telecky Loan
- School Construction Bill: $10,000 to Juul Contracting for Excavation of 1863 Island View Circle
House.
Becky Felling seconded and the motion carried unanimously.
• 4. PARK TOWERS
a. Jean Ward updated the Board on the apartment renovation project schedule.
b. Jean Ward informed the Board that she issued a Notice of Eviction to a resident because of the finding
of an excessive fire load discovered during the City's Rental Registration Program inspection. HRA
staff has made many attempts to work with the tenant and he has not responded.
c. Jean Ward informed the Board that the caulking on the building is worse than expected and would like
it to be address as soon as possible before the weather turns cold. Joel Kraft moved to approve a
Change Order to address the additional needed caulking limited to what the architect feels is
reasonable. Ruth Kimball seconded and the motion carried unanimously.
d. Jean Ward reviewed with the Board the 2009 draft Park Towers budget and Resolution #08 -14 to
approve final budget. Ruth Kimball moved to approve the 2009 draft Park Towers budget and
Resolution #08 -14 to approve final budget. Becky Felling seconded and the motion carried
unanimously.
5. HOME IMPROVEMENT LOANS
a. The CFUF /Green Deferred Loan Program application has been submitted to MHFA and forwarded by
MHFA staff for consideration by MHFA Board. Jean Ward reviewed with the Board the program
checklists.
b. Jean informed the Board that the lender partner renewal application for home improvement loans was
submitted to MHFA with $500 fee.
6. SCHOOL CONSTRUCTION UPDATE
a. Jean Ward reviewed with the Board the homebuyer financing sheet for 1170 Prairie View Drive.
b. Ruth Kimball moved to approve the purchase agreement for 1170 Prairie View Drive. Becky Felling
seconded and the motion carried unanimously.
c. Jean Ward informed the Board that construction has started on 1863 Island View Circle SW. \ 11
September 16, 2008 Minutes p,.. I �rl Le (9) C)-
7. HHPOP
• Jean Ward informed the Board that the first Home Help Loan/CASA Loan closed at the end of August.
She also informed them that the first application was given out for the CASA +Energy Revolving Rehab
Loan Program for existing houses.
0
0
8. OTHER
a. Jean Ward gave the Board the updates from the NAHRO Housing Conference in Duluth.
- Most of the new program funds will be for addressing the foreclosure issues in the state.
- There will be a new PHAS program for Park Towers in the near future.
b. Jean Ward presented information to the Board regarding foreclosures in Hutchinson.
c. Diane Sorensen gave the Board an update on the Hutchinson housing market.
9. ADJOURNMENT
There being no other business, Chairman Casey Stotts declared the meeting adjourned.
Recorded by Jean Ward, HRA Executive Director
Secretary/Treasurer
September 16, 2008 Minutes lD W a, lr�
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, September 16, 2008
Hutchinson City Council Chambers
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Lynn Otteson at 5:30 p.m. with
the following members present: Chris Kovacic, Christie Rock, John Lofdahl,
Jim Haugen, Mike Flaata, Farid Currimbhoy and Chairman Otteson. Absent:
Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer,
Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator
PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
a) Consideration of Minutes dated August 19, 2008
Ms. Rock moved to approve the consent agenda as submitted.
Seconded by Mr. Kovacic. The consent agenda was approved
unanimously.
• 4. PUBLIC HEARINGS
a) PRELIMINARY AND FINAL PLAT OF COUNTY FAIR MARKETPLACE
5T" ADDITION AND SITE PLAN TO CONSTRUCT A BEST BUY STORE
AT 1350 HWY 15 SOUTH
Chairman Otteson opened the hearing at 5:38 p.m. with the reading of
publication #7715 as published in the Hutchinson Leader on September
4, 2008.
Ms. Bowers stated, for the record, that she needs to disclose that her
husband is an employee of the Best Buy corporate office; however he is
not involved in real estate or new store development, and would not have
any financial gain from the store.
Ms. Bowers commented on the request for a preliminary and final plat to
create a one lot plat for County Fair Marketplace 5"' Addition. She
explained the plat would combine the County Fair Marketplace 3'" and 40'
Additions. There is also a site plan review for the development of a
25,343 sq. ft. Best Buy store on the new plat. The store will be
constructed between the former Office Max and Cub Foods buildings.
She stated the parking and utilities for this lot were sized and constructed
for development on this site and were installed per the plans approved in
1998. She explained the unusual lot arrangement because of the shared
parking with other stores. This is a permitted use in C4 district. The lot is
Minutes
Planning Commission —September 18, 2008
• Page 2
a two acre site. She explained that one lot is abstract and one lot torens.
Ryan Company is working with the attorneys to de- torrens the one lot.
Staff noted that two minor corrections to the plat have been made in
response to MNDOT comments.
Ms. Bowers informed the commission of the one stop shop held on Sept.
2, 2008. She commented on the site plan drawing and explained the
additional parking in the back of the building for a car audio shop in the
rear of the store. They will continue the sidewalk to match the existing
sidewalk. The building will match the standard Best Buy standards and
the existing stores. They have met staff requirements and details. She
commented on the staff recommendations as follows:
1. The proposed building and site improvements would comply with
the standards of the C4 district and the Zoning Ordinance.
2. A certified property survey showing the building elevations is
required at the time of building permit.
3. The final plat shall be recorded after the property designation
change process is completed to meet McLeod County
requirements.
4. SAC and WAC fees will be calculated upon building plan submittal
and due at the time of building permit issuance.
• 5. All signage shall meet the requirements of the C4 district. Sign
permits are required prior to installation of the signage.
6. Exterior lighting must be shielded and shall not cause glare to
adjacent properties.
7. As -built utility plans shall be submitted to the City after
construction.
Ryan Companies desire to submit the building plans for October 1"
construction.
Mark Kampmeyer and Dan Bowar, were present from the Ryan
Company.
The Commission asked if Best Buy would own the building. The applicant
responded that Ryan Companies would be the owner with a long term
lease to Best Buy. The Commission also discussed the adjacent vacant
buildings. Ryan Co. does not own these properties, however they stated
that Best Buy looked into the existing buildings. It was determined that it
was not as cost effective to retrofit the existing buildings to meet their
building standards and they wanted a more energy efficient building.
The applicant noted they will be incorporating environmental design
features and identifying parking spaces for high fuel efficiency vehicles.
Also discussed was the building design and signage.
Mr. Currimbhoy made a motion to close the hearing. Seconded by Ms.
• Rock, the hearing dosed at 5:55 p.m. Mr. Currimbhoy made a motion to
recommend approval of the request with staff recommendations.
Seconded by Mr.Lofdahl, the motion carried unanimously. Chairman
U LO
Minutes
Planning Commission — September 16, 2008
Page 3
Otteson stated this item will be placed on the City Council consent
agenda at their meeting held September 23, 2008, in the Council
Chambers at 5:30 p.m.
5. NEW BUSINESS
6. OLD BUSINESS
a) CONDITIONAL USE PERMIT REQUESTED BY RANDY THODE,
APPLICANT, TO ALLOW OUTDOOR DISPLAY OF FISH HOUSES IN
THE FRONT YARD LOCATED AT 327 HWY 7 EAST IN THE 1 -1 (LIGHT
INDUSTRIAL DISTRICT) (TABLED FROM THE AUGUST 19T"
MEETING)
Ms. Bowers commented on the request by Randy Thode for a conditional
use permit to allow outdoor sales display of fish houses in the front yard
at 327 Hwy 7 E. The property is zoned Light Industrial and outdoor
display requires a conditional use permit. There is adjacent residentially
zoned property to the east, commercial to the south and industrial to the
north and west. The adjacent property to the west is a residential home,
however is zoned 1 -1 (Light Industrial).
• Ms. Bowers explained the Planning Commission held a public hearing
and considered the request at their August 19, 2008, meeting. There was
an adjacent property owner who spoke at the August meeting and
indicated she has no objection to the request for fish house sales. She
does have concerns with any parking on her grass or placing snow on her
yard. The request was tabled to the September 16, 2008, Planning
Commission meeting to allow the applicant time to obtain a current survey
and address some of the concerns raised at the August meeting. At the
September meeting, the applicant presented additional information and
noted the maximum number of ice houses would be 7, as shown on the
survey. He will reduce the hours of operation to noon to 5 pm, would not
remove any trees, and would not add any exterior lights. Ms. Bowers
reminded the Commissioners that the ordinance addresses lighting
regulations. Mr. Thode also indicated the 5 parking spaces for customers
on the survey. The Commission also discussed the existing signage. Mr.
Thode stated he would remove the existing sign and install a small sign.
Mr. Thode, explained the survey represents the larger houses. He stated
there may be smaller houses placed in the front yard.
it
Mr. Flaata made a motion to recommend approval of the request with
staff recommendations adding 7 fish houses to recommendation number
1. Seconded by Ms. Rock, the motion carried unanimously. Chairman
Otteson stated this item will be placed on the City Council consent
agenda at their meeting held September 23, 2008, in the Council
Chambers at 5:30 p.m.
7. COMMUNICATION FROM STAFF
6 b-j
Minutes
Planning Commission - September 16, 2006
Page 4
Mr. Flaata commented on the Charter School students crossing 5"'
Avenue S.E. where there is no crosswalk to go to the park. Discussion
followed on the safety of the children and the possible areas to cross 5"'
Avenue S.E. Ms. Bowers commented on her conversation with the Police
Chief regarding this matter. She stated the Police Chief explained the
police department can not require them to use the cross walk. Discussion
followed on the Planning Commission's concerns at the time of the
request for a conditional use permit. Ms Bowers reported the Police Chief
would like to work with the school regarding using the crosswalk at the
3M entrance. She will contact the Police Chief to move forward with
contacting the school.
Chris Kovacic will be attending the MN APA conference in Duluth.
Christie Rock and Rebecca Bowers will also be attending.
8. ADJOURNMENT
There being no further business the meeting adjourned at 6:10 p.m.
0
•
LO
2008
CITY OF HUTCHINSON FINANCIAL REPORT
SEPTEMBER
2007
2008
2008
2008
2000
REVENUE REPORT - GENERAL
ACTUAL
SEPTEMBER
YEAR TO
ADOPTED
BALANCE PERCENTAGE
•
Year to Date
MONTH
DATE ACTUAL
BUDGET
REMAINING
USED
TAXES
1,787,808.59
0,00
1,900,870.30
3,993,000.00
2,092,129.70
47.61%
LICENSES
38,44912
270.00
46,441.83
56,300.00
7,858.17
86.04%
PERMITS AND FEES
235,511.75
12,583.76
189,853.23
336,180.00
146,326.77
58.47%
INTERGOVERNMENTAL REVENUE
1,577,419.36
9,916.20
1,270,794.37
2,604,741.00
1,333.W 63
48.79%
CHARGES FOR SERVICES
1,014,471.20
107,928.62
1,038,255.80
1,776,074.00
739,818.20
56.39%
FINES 8 FORFEITS
35,849.53
4,108.50
30,523.78
45,000.00
14,476.22
67.83%
INTEREST
16,941.25
234.62
(47,142.09)
70,000.00
117,142.09
- 67.35%
REIMBURSEMENTS
311,091.87
19, 409.69
308,846.06
402,950.00
96,103.94
76.15%
TRANSFERS
576,045.76
33,500.00
723,570.58
1,911,573.00
1,188,002.42
37.85%
SURCHARGES - BLDG PERMITS
132.03
(2,758.55)
318.46
1,000.00
681.54
0 -000/6
FUND BALANCE
0.00
0.00
0.00
10,000.00
10,000.00
0.00%
TOTAL
5,593,720.46
185,190.84
5,462,332.32
11,208,818.00
5,746,485.68
48.73%
2008
SEPTEMBER
2007
2008
2008
2008
2008
SEPTEMBER
EXPENSE REPORT - GENERAL
SEPTEMBER
SEPTEMBER
YEAR TO
ADOPTED
BALANCE PERCENTAGE
SUMMARIZED
YTO
MONTH DATE ACTUAL
BUDGET
REMAINING
USED
General Govt.
1,405,181.68
261,150.66
1,586,301.85
2,111,505.00
545,203.15
74.18%
Public Safety
2,617,744.29-
373,656.57
2,662,710.96
3,873,012.00
1,210,301.04
68.75%
Streets 8 Alleys
1,445,089.14
181,599.58
1,708,215.44
1,967,609.00
259,393.56
86.82%
Parks 8 Recreation
1,732,628.82
176,366.67
1,878,728.56
_
2,423,143.00
544,414.44
77.53%
Miscellaneous
467,190.73
32,820.34
488,117.36
833,549.00
345,431.64
58.56 %,
_ ,TOTAL
7,667,834.86
1,025,593.82
8,304,074.17
11,208,818.00
2,904,743.83
74.09%
0
U
(Q bl,-)u
2008
CITY OF HUTCHINSON FINANCIAL REPORT
SEPTEMBER
REPORT - GENERAL
2007
SEPTEMBER
2008
SEPTEMBER
2006
YEAR TO
2008
ADOPTED
2008
BALANCE
SEPTEMBER
PERCENTAGE
•REVENUE
_
YTD
MONTH,
DATE ACTUAL
BUDGET
REMAINING
USED
TAXES _
1,787,808.59
1,900,870.30
3,993,000.00
2,092,129.70
47.61%
LICENSES
38,449.12
270.00
48,441.83
56,300.00
7,658.17
86.04%
PERMITS AND FEES
235,511.75
- 12,583.76
189,853.23
336,180.00
146,326.77
56.47 %,
INTERGOVERNMENTAL REVENUE
1,577,419.36
9,91610
1,270,794.37
2,604,741.00
1,333,946.63
48.79%
CHARGES FOR SERVICES
1,014,471.20 -
107,928.62
1,038,255.80
1,778,074.00
739,818.20
58.39%
FINES S FORFEITS
35,849.53
4,106.50
30,523.78
45,000.00
14,47622
67.83%
INTEREST
REIMBURSEMENTS
16,941.25
234.62
(47,142.09) -
70,000.00
117,142.09
- 67.35%
311,091.87
19,409.69
306,846.06
402,950.00
96,103.94
76.15%
iTRANSFERS
SURCHARGES - BLDG PERMITS
576,045.76
132.03
33,500.00
723,570.58
1,911,57100
1,168,002.42
37.85%
FUND BALANCE
(2,758,55),
318.46
1,000.00
681.54
31.85%
iTOTAL
-
5,593,720.46
-
185,190.84
-
5,462,332.32,
10,000.00
11,208,816.00
10,000.00
5,746,485.68
0.00%
48.73%
2008
CITY OF HUTCHINSON FINANCIAL REPORT
SEPTEMBER
EXPENSE REPORT - GENERAL
2007
SEPTEMBER
2008
SEPTEMBER
2008
YEAR TO
2008
ADOPTED
2008 SEPTEMBER
BALANCEPERCENTAGE
YTD
MONTH DATE ACTUAL
BUDGET
REMAINING
USED
001 MAYOR 8 CITY COUNCIL
61,473.93
18,355.81
48,884.30
49,695.00
810.70
98.37 %:
002 CITY ADMINISTRATOR
247,868.00
40,356.13
282,588.83
357,781.00
75,192.17
78.98%
003 ELECTIONS
715.40
4,527.45
7,325.10
19,763.00 -
12,437.90
37.08 %.
004 FINANCE DEPARTMENT
411,398.14
50,381.93
450,247.19
619,645.00
169,397.81
72.86%
005 MOTOR VEHICLE
154,195.36
20,679.86
167,158.43
205,898.00
38,739.57
81.19 %,
008 ASSESSING
54,910.00
54,910.00
54,900.00
(10.00)
100.02 %'
007 LEGAL
136,191.43
19,728.38
143,10172
211,944.00
68,642.28
67.52 %'
008 PLANNING
121,425.54
18,046.38
126,348.18
160,624.00
34,275.82
78.66%
009 INFORMATION SERVICES
184,289.28
24,570.31 -
189,261.08 -
280,187.00
90,925.92
67.55 %,
110 POLICE DEPARTMENT
2,075,976.85
306,526.41
2,178,096.31
3,084,861.00
908,764.69
70.61 %,
115 EMERGENCY MANAGEMENT
19.594.79
96.09
12,079.43
19,000.00
6,920.57
63.58%
118 SAFETY COMMITTEE
120 FIRE DEPARTMENT
14,105.85
14,280.65
20,370.00
6,109.35
70.01%
130 PROTECTIVE INSPECTIONS
335,264.08
172,803.14
43,988.11
23,045.96
272,915.96
185,358.61
485,01100
283,768.00
192,097.04
58.69%
150 ENGINEERING
338,419.01
49,724.19
409,062.14
472,048.00
98,409.39
62,983.88
65.32 %.
86.66 %'
152 STREETS & ALLEYS
1,108,670.13
131,875.39
1,299,153.30
1,495,563.00
196,409.70
86.87%
160 CITY HALL BUILDING
87,826.60
9,594.41
96,477.02
151,068.00
54,590.98
63.86%
201 PARK/RECREATION ADMINISTR
145,848.22
20,712.35
161,105.19
214,162.00
53,056.81
75.23%
202 RECREATION
198,165.24
12,955.80
206,824.62
222,070.00
15,445.38
93.04 %'
203 SENIOR CITIZEN CENTER
59,884.65
4,535.67
61,800.31
70,351.00
8,550.69
87.85%
- 204 CIVIC ARENA
200,235.20
17,457.49
222,417.19
308,238.00
85,820.81
72.16%
205 PARK DEPARTMENT
608,950.11
70,830.67
689,043.88
879,818.00
190,774.32
76.32 %'
206 RECREATION BUILDING & POOI
105,703.64
10,507.23
107,283.48
137,216.00
29,932.52
78.19 %.
207 EVENTS CENTER
171,137.53
20,966.68
194,059.13
243,354.00
49,294.87
79.74 %,
208 EVERGREEN BUILDING
9,284.99
702.46
9,061.33
15,600.00
6,538.67
58.09 %.
250 LIBRARY
301 CEMETERY
131,324.86
3,724.43
132,874.47
187,598.00
54,723.53
70.83%
310 DEBT SERVICE
102,094.38
13,973.69
94,459.16
144,736.00
50,276.84
65.26%
320 AIRPORT
73,12520
7,795.15
74,473.72
99,349.00
0
24,875.26
74.96%
350 UNALLOCATED GENERAL EXPE
394,065.53
25,025.19
413,643.64
734,200.00
320,556.36
56.34%:
TOTAL
7,667,834.68 1,025,593.62
8,304,074.17 11,208,818.00
2,904,743.83.
74.09%
0
6 Lq�Jq
• 22- Oct -08
CITY OF HUTCHINSON
CERTIFICATES OF DEPOSIT
September 30, 2008
Date Date
Interest Of Of
Rate Purchase Matud
Smith Bamey
FNMA med
5.20%
10/15/2008
10/15/2015
300,000.00
replaces FNMA mod called W5=
Smith Barney
FFCB C
5.00%
4/18/2008
4/2312018
300,000.00
Smith Barney
FHLB C
4.500%
4/28/2005
10128/2008
750,000.00
Smith Barney
FHLB C
4.750%
1/30/2008
1/3012015
365,000.00
Smith Barney
FHLM -C
4.125%
6/3/2008
6/3/2013
300,000.00
Smith Barney
FHLM -C
5.000%
12/12/2007
12/12/2014
500,000.00
Edward Jones
FHLB
3.50%
3/26/2008
3/26/2012
500,000.00
Wachovia
FHLB
4.25%
313/2008
3/3/2015
300,000.00
Wachovia
FHLB
5.00%
12/12/2007
12/1212017
300,000.00
Wachovia
FHLB
4.000%
3/2712008
03/27/15
400,000.00
Wachovia
FHLB
4.000%
4/10/2008
4/16/2018
200,000.00
Wachovia
FHLB step
5.000%
11126/2007
11126/2014
625,000.00
step up
Wachovia
FHMA
5.000%
12/19/07
12/19/17
200,000.00
Wachovia
FHLB = step ul
5.000%
11/29107
11115/17
300,000.00
Wachovia
FHLB = step ul
4.500%
07/08/08
07/08/13
600,000.00
step up
First Minnesota
ceNrioete of Depofo
3.250%
03/14/08
03/13/09
400,000.00
MidCountry
cerinketeofNpoeR
3.050%
03/24/08
03/26/09
750,000.00
Mid Minnesota
certMuteofoepoen
5.100%
10/26/07
11113108
500,000.00
First Minnesota
rertf ate oroepcen
4.950%
10/31/07
01/15/09
500,000.00
$8,090,000.00
•
�
v
. Planning, Zoning, and ing Dept Monthly Report
Septe r 2008
Building Department Permit Activities
•
Plannina. Zonina, and Buildina Department — Other Activities
Facilities ManagementfMaintenance Activities:
Evergreen Meals served in September
Park Silver
Week Of Hutchinson Towers Lake Glencoe Brownton Stewart
912007
912008
Year to Date
Total Number Inspections
174
167
1347
Building Permits Issued by Type
Compared to 7/07
Number of Permits
& Valuation
Number of
Permits &
Valuation
Year to Date
Number Permits
& Valuation
Commercial new
1 - $342,000
0
2 - $241,000
Commercial Additions/ Remodels
11 - $1,487,000
9 - $100,000
68 - $8,047,687
Industrial new
0
0
0
_
Industrial Additions/Remodels
0
0
1 -$65,000
Fire Sprinkling
0
3-$15,375
15 - $474,783
Total New Residential Units (Single Family, twins, townhomes
0
2-$344,000
15 - $2,164,000
Residential misc. additions, repairs, remodels etc
2-$16.000
5 - $23,700
96 - $1,040,090
Set fee permits reside, reroof, window replacement, misc.)'
72
67
530
Subtotal Building Permits:
$1,894,000
$483,075
$12,032,560
Mechanical
14-$49.343
16-$56,700
145 - $851,194
Plumbin •
9
11-$4,900
85-$4,900
Signs*
10
5
60
Total Permits issued and valuation
119 - $1,894,343
118 - $544,675
1017 - $12,890,154
Set fees not included in valuation
Plannina. Zonina, and Buildina Department — Other Activities
Facilities ManagementfMaintenance Activities:
Evergreen Meals served in September
Park Silver
Week Of Hutchinson Towers Lake Glencoe Brownton Stewart
9/2 -9-5
231
160
68
99
51
65
9/6 -9/12
291
191
97
129
66
61
9/15 -9/19
294
195
73
151
65
61
9122 -9126
293
184
79
133
66
71
9129 -9130
132
84
35
52
23
33
Total
1241
814
352
564
271
291
rota) Meals Served in September- 3533
Educational Activities: Lenny and Kyle attended the Southwest Chapter Meeting on Steel Stud Construction and Special
Inspection Reports September 24, 2008. Lenny was present for the ICC Code Hearings and the Annual ICC Code Council
Business Meeting held in Minneapolis.
c.Y
Maw Zoning, and Building Dept.
Monthly Report for September 2008
Page 2
Planning and Zoning Monthly Activities
0
MonthNear: September 2008
Activity
Number
Additional Info.
Zoning Review of Building Permits
31
Zoning Review of Sign permits
8
Planning /Zoning Applications Provided
4
Predevelopment Meetings/
One stop shop held with Ryan Co. for Best
Potential Applicants Assisted
5
Buy, potential new chiropractor office,
home furnishings store, possible plat for
small housing development, and rezoning
Planning Commission Applications
2
Best Buy site plan
Reviewed and Processed
Fish houses outdoor sales CUP
Joint Planning Applications
4
2 Preliminary plats
Reviewed and Processed
2 Final plats
Zoning Enforcement and Compliance
Outdoor storage complaints and election
Letters
12
signs in the right of way were common
issues this month.
Misc. Meetings Attended
16
Special Activities:
0
Additional kitchen renovation work completed at Evergreen Senior Dining, including replacing the old boiler and water heater
with Energy Star models. Orders were placed for a new gas cook range and stainless steel counters to meet current Health
Code requirements, with installation planned for late October. Rebecca attended the MNAPA state planning conference Sept.
22-24 th in Duluth, led a mobile tour for the conference, and served on the conference planning committee. Building Dept, staff
assisted the Police Dept. in preparing a scope of work and obtaining quotes for roof replacement at the Police Station.
C: \Documents and Settings\rnstarke \Local Settings \Temporary Internet Files \OLK25\PBZ -9 2008.doc
•
RESOLUTION 13M
SPECIAL ASSESSMENTS CERTIFICATION
THE CITY OF HUTCHINSON TO THE COUNTY OF MECLEOD
BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON,
That the follow+rg embraces unpaid
assessments levied by the City CouncA
of Hutchinson. Minnesota, under Statutes Sec.429.011
to 429111 for the
various assessments of the City of Hutchinson, to be levied and assessed upon
the properties as sated for the foNOwirg purposes for the cunerd year, and that
a copy thereof be sent the County Auditor of said Mcleod County, Wrinesots-
WATERMAIN AND SANITARY SEWER
10th
installment of 10 yr assessment
Roil #5025
99-08 Water Main
10th
Installment of 10 yr assessment
Roll #5029
99!3!4 San Sewer, Water Main
10th
instalknent of 10 yr assessment
Roil #5031
99-10 Sectary Sewer, Water Mein
10th
nstallrnent of 10 yr assessment
Rol #5032
99-35 Water Mein Section, Sewer
10th
Installment of 10 yr assessment
Roll #50158
97 prof, Water Main
10th
installment of 10 yr assessment
Roll OW20A
97 prof, Water Main
9M
instalment of 10yr assessment
Rol #50150
97 prof, Sanitary Sewer
9th
instalment of 10 yr assessment
ROl #5039
2000 -12 -13-17 Sanitary Sewer, Water man
9th
Installment of 10 yr assessment
Roll 95040
2000 -17 Sanitary Sewer
9th
installment of 1D yr assessment
Roll #5044
2000 -13 Sanitary Sarver, Water Main
8th
instalment of IDyr assessment
Roll #5050
2001 Sanitary Sewer. Water Main
7th
Instalment of IDyr assessment
RoIW5054
11 -12102 Sanitary Sewer, Water Main
7th
Installment of t 0yr assessment
ROIWW56
06`02 Sanitary Sewer, Water Main
5th
installment of 10yr assessment
RoIWW70
04-03 Sanitary Sewer
•
51h
lot
installment of 10yr assessment
Installment of 10yr assessment
RoWM71
RoIW5088
0413 Sanitary Sewer
08-01 Watemrein,Sanilary Sewer
MILL AND OVERLAY
71h
Installment of 10yr assessment
R0405055
02.06 Mill and Overlay
WATER ACCESSES FEES
9th
instalment of 10yr assessment
Ro1W5044A
water ecc fees
2nd
Installment of 4yr MNesnlent
RoIW6083
wet" sec fave
STORM SEWER
10th
nstatknant of 10 yr assessment
Roil #5027
99-13 Storm Sewer
1Oth
instalsnarn of 10 yr assessment
Roll #5028
99-34 Storm Sewer
9th
instalment of 10 yr assessment
Roll #5037
2000.5-0 Storm Sewer
9th
instalment of 10 yr assessmont
Roll #5041
2000 -20 Storm Sewer
8th
imatallmerd of IOW assessment
Roll ;115048
2001 Slone Sewer
8th
installment of 10yr assessmenl
Rdl 05049
2001 Stomi Sewer
71h
installment of 10yr assessment
Ro0#5056
02 -16M Storm Sewer
7th
nstallrrent of 10yr assessment
ROW5059
02 -16!02 Storm Sewer
6th
instalment of 10yr assessment
Rd 95083
03-17 Storm Sewer
6th
inatalkrenl of 10yr assessment
Ron #5064
03-19 Storm Sewer
5th
nstelmem of 10yr assessment
Ro1W5068
04-06f7 Storm Sewer
5th
installment of 10yr assessment
RoWy5067
04-05 Storm Sewer
5th
iratalkment of 10yr assessment
Rol #5068
04-09 Storm Sewer
5th
installment of 10yr assessment
Ro##5089
04-10 Storm Sewer
5th
instalment of 10yr assessment
RDOW59D
02 -09 Storm Sewer
4th
installment or 10yr assessment
RoIW5072
04 -04 Storm Sewer
4th
installment of 10yr assesament
ROIW5077
DS17 Storm Sewer
3rd
Installment of 10yr assessment
RoiWW79
0601 Stomm Sewer
3rd
Installment of 8 yr assessment
RoIW508I
06-07108-09 Storm Sewer
2nd
Installment of 9 yr assessrrsnt
RoWY5079B
0601 Storm Sewer
1st
Irstsllmant of 5 yr assessment
ROIWWN
08-04 Storm Sewer
let
Installment of 10 yr assessment
Ro1WW87
0602 Storm Sewer
•
1st
Installment of 10 yr ass ommerd
Roll #5089
06055torm Sewer
lot
installment of 10 yr assessment
ROlkWM9F
02 -18102 Storm Sewer
dAassessmet2008 certification- 211:35 AM
cQ (-6)
•
STREET IMPROVEMENTS
10th
installment of 10 yr assessment
Roll #5026
99-22 Bt -Base
101h
installment of 10 yr assessment
Roll #5030
99-36 Bit Wer courae
9th
installment of 1 Dyr assessment
Roll #5042
2000 -24 Street
7M
installment of 10yr assessment
ROIkl5D57
02 -01/02 Grarbrlg Gravel, Bitumir u Base
6m
installment of 1 oyr assessment
Roll #5062
03-05 Btumkque Swfadng
6th
installment of loyr assessment
Roll #5083
03-19 Lateral Trunk ROW
4h
iratallmaM of 5 yr asaarnsnt
ROIWW7'3
05-07 Street sunccing
4th
Installment of 1 Dyr assessment
RoIIA5074
05-04 6 05-05 Sklw"lk 8 street boa
3rd
InstallmrrM of Syr asaaasmsnt
RoIW50S()
054"5 -W Concrete Side walk
TRUNK SANITARY SEWER
9d1
installment of 1 oyr assessment
Roll #5043
2000 -02 Trunk Sewer
8th
installment of 1 Oyr assessment
ROIW5051
2001pro0442
6th
installment of 10yr assessment
Roll #5061
03-01 Tnmk 6 Lateral Sanitary Sewer
4th
installment of 1Orr assessment
RoIt15075
05-10 Trunk 6 Lateral Storm Sewer
3rd
Installment of 10 yr assessment
Roll 51382
06-03 Lateral Storm d Sews
OFF STREET PARKINGISIDEWALK
10th
installment of 10 yr assessment
Roll #5038
95-18 hospllal parking lot
8th
installment of 1 oyr assessment
RoIgY504&4
2001 sidewalk Project
2nd
Installmard of Syr assaam nit
Roll 05084
stroal rehab
2nd
Installm mit of 9 yr as asmant
#ROIW6076A
REASSESSED ROLLS
STORM WATER
1ST
Installmard cf 10 yr aasaamerd
Roll #5085
08-04 sw project
DEFERRED ASSESSMENT ROLLS
ACTIVATED FOR
COLLECTION
•loth
installment of 10 yr assessment
Rob N293B
94 prof, Walw Main, Sanitary Sewer
10th
installment of 10 yr assessment
Rog #295A
94 prof, Water Main, Sanitary Sewer
70th
insatlrnent of 1Oyr assessment
RW #069A
77 Prof, def asse activated
10th
inslalknent of 10yr assessment
Roll R099dA
81 prof. def asse activated
10th
installment or 10 yr assessment
Roil #067A
76 Prof Water Main, der arse activated
9th
instalknenl of 10 yr assessment
Roll 221C
Water main 94 Project
91h
Installment of 10 yr assessment
Roll #290A
94 -02 Storm Sewer, San, Water
9th
instalnent of 10 yr assessment
Roil 0291C
94 -05 Storm Sewer. Sun, Water
9th
instalment of 10 yr assessment
Roll *291D
94 -05 Storm Sewer, San, Water
9th
Installment of 10 yr assessment
Roll #2940
94-03 Storm Sewer, San, Water
9th
instalment of 10yr assessment
Roil 230D
San, Storm
8th
instalment of loyr assessment
Roll#3118
1996 Storm Sews
8th
insle9ment of 1Oyr assessment
Roil #2498
89-01 Water Main
8th
instalment of 10 yr assessment
Roll *089A
31/61 sewer 6 appurtenances
8th
instalment of 10 yr assessment
Ror 0588
74- 39IStrest
8th
Instalment of 10 yr assessment
RoL*M9B
37174 sanitary sewer storm
8th
Instalment of 10 yr assessment
RoV9)a0A
01/79 sanitary sewer 6 wetennain
8th
installment of 10 yr assessment
Rolill
33/81 grading 6 appurtenances
8th
instalment of 10 yr assessment
ROI1#119B
0080 santary sewer 6 appurtenances
8th
Installment of 10 yr assessment
RoNO120B
0080 welermaln 6 appurtenances
Bm
Instatement of 10 yr assessment
RoVA176D
0083 tn" storm sewer
Bm
Installment of 10 yr assessment
RoRSt79B
0084 w
" grarbrgrgrevel
8th
instWlment of 10 yr assessment
RoWN221 D
10/86 wateman apprurtensncee
8th
instalknent of 10 yr sssesament
Rog#230E
17187 storm sews, liftstation
8th
installment of 10 yr assessment
RoW257D
10190 gravel base, curb 8 gutter
8m
instalment of 10 yr assessment
RoI1#311 B
02/96 slonn sewer, grading, gravel base
5m
installment of 1Oyr assessment
R011#2940
94 -03 Storm Water
4th
installment of Ioyr assessment
RolW058C
7449Grade 5 gravel
4th
insta knent of IOyr assessment
13011#2818
1992 water main
4th
instalment of IOyr aaasswenl
R(AW293D
1994 Storm Sews
4th
instWknent of IOyr assessment
RdWW38
1995 Storm Saws
•
BE IT FURTHER RESOLVED:
ALL THESE UNPAID BILLS TO BE
CERTIFIED TO 2008 TAXES
d:tassessme12008 certification - 211:35 AM
� L)b) I
• COLLECTION IN 2009
Unpaid water, sewer bills, weed cutting,
snow removal and tree removal servlcets to be coddled to taxes
NAME ADDRESS AMOUNT
•
CITY IDR COUNTY IDA
STEVE ANDERSON
487 CALIFORNIA ST NW
$288.84
36- 117 -30-11 -0350
23- 312-0010
W &S & SD
MABEL BASEMAN
234 JEFFERSON ST SE
$41.10
06-116-29 -03 -0980
23- 050 -2090
W &S & SO
BRIDGETTE BETHKE
555 CLARK ST NE
5388.24
31- 117 -29-09 -0890
23-089 -0010
W &S & SO
JASON BONEMA
615 ELM ST NE
$110.51
31- 117 -29-07 -1050
23- 004-0090
W &S & SD
JON DE GIER
848 MAPLE ST NE
$4255
31- 117 -29-07 -0110
23- 102 -0080
W &S & SD
JONATIM DEAK
711 CALIFORNIA ST NW
$248.81
36- 117 -30.06 -0390
23- 300 -0330
W &S & SD
JEREMIAH ELLINGSON
428 ADAMS ST BE
$8.24
06- 116-29.07 -0650
23-050 -3770
W &S & SD
FORECLOSURE
546 MAIN ST S
$246
06-116-29 -DB -0620
23- 050 -4560
W &S & SD
FORECLOSURE VACANT
1200 FAIRWAY AVE NW
$11.80
36- 117- 30- D5-0400
23-413 -0070
W &S & SD
URIEL GARCIA
524 CLARK ST NE
$16020
31- 117 -29-09 - 0940
23-061 -0030
W&S & SD
KAYCEE J GREEN
318 DALE ST SW
$41.10
01- 116 - 30-07 -0421
23- 120 -0010
W &S & SD
CHIYOKO J HAYASKI
804 MERRKL ST SW
$618.30
01- 116- 30 -16-OM
23-132 -0010
W &S & SD
JAMS HOFFMAN
504 HASSAN ST BE
51".67
06- 116 -29-06 -0710
23050-0550
W &S & SD
MARIA MOLTER
503 2ND AVE SW
5561.95
01 -116- 30-01 -05
23- 112 -0320
W &S & SD
VERNON JOHNSON
240 NORTH HIGH DR NE
$438.04
31- 117 -29- 01-0040
23238 -0025
W &S & SD
ROY LOCH
400 FISCHER ST SW
$137.52
01 -116 -30-07 -0760
23- 180 -0090
W &S & SD
DAVID MARKS
220 LYNN RD SW
3151.70
01- 116 -30-01 -0810
23119-0130
W&S & SD
MERRILL LYNCH
70a FRANKLIN ST SW
$18641
05-116-29-12-0810123-145-0410
W &S & SD
RICHARD MURRAY
477 GLEN ST NW
$182.86
31- 117 - 29-11- 0640
23- 071-0070
W &S & SD
STEVEN NYBERG
1058 JEFFERSON ST BE
SM 37
07- 116 -29-02 -0120
23224 -0010
W&S & SD
FRIDA RANGEL
426 ADAMS ST BE
$133.67
D6- 116 -29- 07-0850
23- 050 -3770
W &S & SD
CRAIG ROBINSON
141 5TH AVE IE
$27834
31- 117 -29- 10-0140
23- 056 -0520
W &S & SD
MARK RUSCHI.EYER
216 STH AVE NE
$220 -52
31 -117- 29-09 - 1120
23-056 -1800
W&S & SD
GORDON SANDLIE
725 4TH AVE SW
328429
01- 116 -30-07 -0110
23112 -1110
W &S & SD
LACONYA SCAIFE
905 FRANKLIN ST SW
329&40
D6- 116 - 29-11- 1020
23- 145-0400
W &S & SD
BEVERLY SCHEURER
485 WATER ST NW
$41.10
31- 117 -29-12 -0390
23- 056 -0990
W &S & SD
DUSTIN THUERINGER
Say MINNESOTA ST NW
1324670
38- 117-30 - 09-0070
23- 4531290
W &S & SD
FORECLOSURE UNKNOWN
11DOI MAIN STN
1$5.ge
31- 117- 29 -02 -05
23104 -0090
W&S & SD
(TOTAL
35,517.27
NAME
ADDRESS
AMOUNT
Bat of New Yak Trustee
320 Dole St SW
158.50
01- 116 - 30-07-0420
21120-00.10
mow
011mah, Gym
400 Lym Rd SW
80 DID
01 -1163D D&Q5W
21112.1270
arKw rem
Schoap, Bardatle
142 3rd Ave SW
80. DD
06 11625-08-0170
234)502870
almv ram
Spaiset, Eugene
574 Maim SI S
70. DD
0 611629 -11 -0050
211434)D40
Drew rem
Tan, Michael
505 4th Ain SW
85. DD
01- 11630460470
21112.1210
enav rem
VerztW VenWYn
570 Adam SI BE
70.00
061162610-0020
21130 -0020
eeow rem
Wm, DaW & Arr a
006 Maki SI S
8D. DD
0611 629 - 11-0940
21145031D
enmr rem
Andersem, Sore
487 CaMUmy ST NW
97.93
36117-3011 -0350
23-312-OD10
maw
Gnownadd a
525 Gas Course Rd NW
449.38
36117- 30-060010
210365800
mow
.Lnaoe, Dawn & Da
541 410 Ave SW
174.56
01- 11630-08-0380
2111240960
mow
Sloe. Sheldon
834 Church SI
91.95
1011630-060780
21133-0130
mow
GMAC Morigelie
565 CarMW St NE
103.25
31 -117 - 200040880
23-060-0120
nhav
Slot Shddcn
834 C St
103.25
1011630-06 0780
21133-0130
mow
Web Farp Mongage
756 7th Aw NW
103.25
36117-30 -09 -0110
2/4510070
rr w
TOTAL
1735.07
Steven W. Cook, Mayor
• Gary D. Plotz, City Administrator
Adopted by the City Council this 28th day of October, 21)08
&%assessme%2008 canfication- 211:35 AM
LAD_)
CITY OF HUTCHINSON
RESOLUTION NO. LUjo
RESOLUTION SETTING INTEREST RATE
FOR 2008 ADOPTED ASSESSMENT ROLLS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT all assessment rolls, which have been adopted or will be
adopted relating to 2008 Improvement Bonds, are hereby changed to
read an interest rate of 5.5466 %. This rate is the true interest
rate of the 2008 Improvement Bonds plus 1 %.
Adopted by the City Council this 28th day of October 2008
• Steven W. Cook
Mayor
ATTEST:
Gary D. Plotz
City Administrator
n
LJ
�N6
0 MEMORANDUM
t�
DATE: October 22, 2008 for the October 28, 2008 City Council meeting
TO: Hutchinson City Council
FROM: Rebecca Bowers, AICP, Planning Director
SUBJECT: REZONING OF 1285 HWY 7 WEST FROM R -2 (MEDIUM DENSITY
RESIDENTIAL) TO C-4 (FRINGE COMMERCIAL), REQUESTED BY CITIZENS
BANK
Backaround:
Citizens Bank and Trust Co. is requesting a rezoning of a vacant lot from R -2 (Medium
Density Residential) to C-4 (Fringe Commercial). The lot is located at the northeast comer
of Highway 7 and Shady Ridge Rd. NW. This property was previously zoned C-4, however
was rezoned to R -2, for Cedar Crest Assisted Living in February, 2006. As the expansion
did not happen, the bank is requesting a rezoning back to C-4 to allow sale of the property
for commercial development. The proposed rezoning to C-4 would conform with the
commercial land use designation in the Comprehensive Plan and recommendations of the
Highway 7 Corridor Study. Additional information is contained in the attached Planning
Commission staff report and attachments.
Plannina Commission Meetina:
The Planning Commission held a public hearing and considered the request at their October
21, 2008, meeting. There was one member from the public who spoke on the request in
addition to the applicant. The resident stated he did not have problems with the rezoning to
C-4, however he has some concems with what will happen on the property in the meantime.
Staff stated that there have been complaints about outdoor storage on the lot and the dust and
mud from trucks parking on the lot. Also discussed was the River Overlay District
requirements and that a site plan will be reviewed by the Planning Commission and City
Council before any building is constructed on the site. After concluding discussion, the
Commission unanimously recommended approval.
Recommendation:
The Planning Commission unanimously recommended approval of rezoning the property from
R -2 (Medium Density Residential) to C-4 (Fringe Commercial), with the findings and conditions
in the attached resolution.
(A�
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Ems, if Moon, Dave Hunstad, Miles Seppelt, eke Solinger, Jean
Ward, Judy Flc art g, John Webster-, John Olson. Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc, Sebra, Gary Plotz,
Ken Mem'11, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie
Baumetz (Persons in attendance at Pl2nning Staff Meeting In hold)
Date: October 10, 2008, for October 21, 2008, Planning Commission Meeting
Application- Rezoning of Property at 1285 Hwy 7 West from 1 -2(Medium Density
Residential) to C-4 (Fringe Commerical)
Applicant: Citizens Bank & Trust Co.
REZONING
Citizens Bank and Trust Co. is requesting a rezoning of a vacant lot from R-2 (Medium Density
Residential) to C-4 (Fringe Commercial). T1he lot is located at the northeast corner of Highway 7 and
Shady Ridge Rd. NW. This property was previously zoned C-4, however was rezoned to R-2, for Cedar
Crest Assisted Living in February, 1006. As ihe expansion did not happen, the bank is requesting a
rezoning back to C-4 to allow sale of the property for conunercial development. The proposed rezoning
to C-4 would conform with the commercial land use designation in the Comprehensive Plan and
recommendations of the Highway 7 Corridor Study.
GE NE RA L IN FOELNIATION
Existing Zoning: R-2 (Medium Density Residential)
Lot Size: 2.3 Acres
Rezone from R -2 to C4
• 1285 Hwy 7 West
Citizens Bank & Trust Co.
October 21, 2008
Page 2
Existing Land Use:
Adjacent Land Use
And Zoning:
Comprehensive
Land Use Plan:
Vacant
Commercial and Residential
Commercial
Zoning History: The property was used as a truck stop in the late 1950's prior to annexation to
the City. It remained a truck stop until 2002 when the building was demolished.
In 2006, the property was rezoned to R -2 for a proposed expansion at Cedar
Crest Assisted Living facility. The expansion did not materialize and has
remained vacant during this time. The vacant property has periodically had
issues with unauthorized outdoor storage and dumping.
Applicable
Regulations: Section 154.168, City Code
Analysis and
• Recommendation:
In considering a rezoning request, the Planning Commission should review the proposed rezoning for
consistency with the Comprehensive Plan and the purpose of the Zoning Ordinance. The Comprehensive
Plan identifies the property as guided for commercial use, which would be consistent with the proposed
rezoning to C4. The attached land use guide plan from the Comprehensive Plan identifies the guiding
for the area. The purpose of the C4 district is to: `provide one or more areas for the grouping of
general retail sales establishments, offices and services which offer convenient shopping facilities for city
residents and the surrounding area. C -4 district provisions and boundaries are established to promote
compatible land use relationships among diverse types of uses and encourage well - planned development
or expansion in accord with the city's Comprehensive Plan. "
Staff reviewed the rezoning request at the Planning staff meeting on October 6° and recommended
rezoning the property from R -2 to C-4 to allow future commercial development. Staff would recommend
approval of the request with the following recommendations:
1. The rezoning would be consistent with the Comprehensive Plan and the intent of the C-4 zoning
district in the Zoning Ordinance, including the existing commercial land use guiding, the adjacent C-4
zoning districts, and the commercial nature of the area located along a major highway.
2. The property is proposed to be developed as a commercial use. Rezoning would allow the proposed
use to be developed in conformance with the C-4 district.
• Cc: Tim Ulrich, Citizens Bank & Trust Co., 102 Main St. S.
6 Lc-� 1
PUBLICATION NO.
ORDINANCE NO. 08 -0513
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA TO
REZONE PROPERTY FROM R -2 ( MEDIUM DENSITY RESIDENTIAL) TO C-
4 (FRINGE COMMERCIAL DISTRICT) LOCATED AT 1285 HWY 7 WEST
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Section 1. Notice of hearing was duly given and publication of said hearing was duly
made and was made to appear to the satisfaction of the City Council that it would be in
the best interests of the City to rezone property from R -2 (Medium Density Residential)
to C -4 (Fringe Commercial District) located at 1285 Hwy 7 West.
Section 2. That the property to be rezoned is described as follows:
That part of the Southwest Quarter of the Southwest Quarter of Section Thirty-six (36) in
Township One Hundred and Seventeen (117) North of Range Thirty (30) West, described
as follows, to -wit: Beginning at a point on the West line of the Southwest Quarter of the
Southwest Quarter of said Section 36, where said West line intersects the Northerly 75
foot right -of -way of Minnesota State Trunk Highway No. 22 and 7; said point lying
• North 161.4 feet from the Southwest Comer of said Section 36; thence continuing North
along said West line for 330 feet to a point; thence deflect right at an angle of 90 degrees
00 feet, a distance of 193.73 feet; thence South 60 degrees 20 feet East, for a distance of
222.94 feet to a point; thence South for a distance of 120 feet to the Northerly 75 foot
right -of -way of said Trunk Highway No. 22 and 7; and thence Westerly along said right -
of -way line, 400 feet to the point of beginning.
Section 3. This ordinance shall take effect from and after passage and publication.
Adopted by the City Council this 12'' day of November, 2008.
ATTEST:
Gary D. Plotz
City Administrator
11
Steven W. Cook
Mayor
Le Le-)1
9 RESOLUTION NO. 13489
RESOLUTION APPROVING A REZONING AT 1285 HWY 7 WEST FROM
R -2 (MEDIUM DENISTY RESIDENTIAL) TO C4 (FRINGE COMMERCIAL),
REQUESTED BY CITIZEN'S BANK AND TRUST CO.
Whereas, Citizen's Bank and Trust, Co., property owner, has requested a rezoning from R -2 (Medium Density
Residential) to C4 (Fringe Commercial) to allow for future commercial development with the following legal
description:
Legal Description:
That part of the Southwest Quarter of the Southwest Quarter of Section Thirty-six (36) in Township One
Hundred and Seventeen (117) North of Range Thirty (30) West, described as follows, to -wit: Beginning at a
point on the West line of the Southwest Quarter of the Southwest Quarter of said Section 36, where said West
line intersects the Northerly 75 foot right -of -way of Minnesota State Trunk Highway No. 22 and 7; said point
lying North 161.4 feet from the Southwest Comer of said Section 36; thence continuing North along said West
line for 330 feet to a point; thence deflect right at an angle of 90 degrees 00 feet, a distance of 193.73 feet;
thence South 60 degrees 20 feet East, for a distance of 222.94 feet to a point; thence South for a distance of
120 feet to the Northerly 75 foot right -of -way of said Tnmk Highway No. 22 and 7; and thence Westerly along
said right -of -way line, 400 feet to the point of beginning.
Whereas, the Planning Commission held a public hearing on October 21, 2008, on the request and considered
the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the
cupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of
roperties 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 rezoning from R -2 (Medium Density Residential) to C4 (Fringe Commercial) subject
to the following findings and conditions:
1. The rezoning would be consistent with the Comprehensive Plan and the intent of the C-4 zoning district in the
Zoning Ordinance, including the existing commercial land use guiding, the adjacent C-4 zoning districts, and
the commercial nature of the area located along a major highway.
2. The property is proposed to be developed as a commercial use. Rezoning would allow the proposed use to be
developed in conformance with the C-4 district.
Adopted by the City Council this 28" day of October, 2008.
ATTEST:
Gary D. Plotz
City Administrator
s
Steven W. Cook
Mayor
to ce>>
MEMORANDUM
DATE: October 21, 2008 for the October 28, 2008 City Council meeting
TO: Hutchinson City Council
FROM: Rebecca Bowers, AICP, Planning Director
SUBJECT: AMENDMENT TO CITY CODE CHAPTER 153; SUBDIVISION CONTROL, TO
AMEND SECTIONS 153.39 AND 153.50; TO UPDATE THE FINAL PLAT
FILING REQUIREMENTS AND ADD AN APPLICATION FEE FOR FINAL
PLATS
Backaround:
The City's subdivision ordinance specifies that no fee shall be charged for final plats.
Currently an application fee is charged only for preliminary plats. In order to cover the
administrative costs of processing final plats, the City should start charging a final plat
application fee. Final plat application fees are common and staff is in the process of
researching the appropriate application fee.
• The final plat application fee would be set by the City Council when the City's fee schedule
is adopted in December to take effect for 2009. A couple of other minor changes are
proposed to the filing requirements to update the number of mylars needed, remove
references to cloth copies, and requiring a digital copy of the final plat.
Plannina Commission Meetina:
The Planning Commission held a public hearing and considered the request at their October
21, 2008, meeting. There was no one from the public who spoke on the amendment. The
Commission discussed the idea of charging fees for services rather than increasing taxes.
Staff noted that application fees allow the City to recover expenses for processing applications
from the property owner requesting the action, rather than spreading the costs to all residents.
Staff is researching an appropriate fee and will request the Council adopt the fee in the 2009
fee schedule for new final plats. After concluding discussion, the Commission unanimously
recommended approval.
Recommendation:
The Planning Commission unanimously recommended approval of the amendment to Section
153, Subdivision Control, of the City Code regarding final plat filing requirements and adding an
application fee for final plats.
6 V)A
s
PUBLICATION NO.
ORDINANCE NO. 08 -0514
AN ORDINANCE AMENDING CITY CODE CHAPTER 153; SUBDIVISION CONTROL,
SECTIONS 153.39 AND 153.50; TO UPDATE THE FINAL PLAT FILING REQUIREMENTS
AND ADD AN APPLICATION FEE FOR FINAL PLATS
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Notice of public hearing was duly given and publication of said hearing was duly made to appear to the
satisfaction of the City Council that it would be in the best interests of the City to amend the City Code,
Title XV: Land Usage, to amend Chapter 153, Subdivision Control, Sections 153.39 and 153.50; to
update the final plat filing requirements and add an application fee for final plats.
153.39 PLAT REVIEW CHARGE.
An application and filing fee will be charged at the time of application for all- ft4kig4he preliminary and
final plats to offset administrative costs in processing the application submitted; no addit:, nal fee will hp
. The fee shall be determined by ordinance and set annually by the City
Council on the City's fee schedule mu4ed Of afniffiFauin fee as
e Y
('89 Code, § 12.10) (Ord. 466, passed 7- 15 -95)
FINAL PLAT
§ 153.50 REQUIRED DATA.
(A) The final plat shall be prepared at a scale of one inch = 100 feet in the following numbers: one
mylar reproducible stamped "city copy," signed; —and one mylar reproducible stamped "copy," signed; ere
" " signed The final plat shall be prepared
on sheets 20 inches wide and 30 inches in length with a two inch left border line and a one -half inch top,
bottom and right border line. There shall also be included one 11 -inch by 17 -inch mylar copy of the final
plat. An electronic file must also be provided to the City, in a format determined by the City Engineer.
('89 Code, § 12.20) (Ord. 466, passed 7- 15 -95; Am. Ord. 02 -327, passed 1- 14 -03)
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and
publication.
Adopted by the City Council this 12`'' day of November, 2008.
Attest:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
(.P `C-)C�—
MEMORANDUM
DATE: October 21, 2008 for the October 28, 2008 City Council meeting
TO: Hutchinson City Council
FROM: Rebecca Bowers, AICP, Planning Director
SUBJECT: ZONING ORDINANCE AMENDMENT TO SPECIFY FENCE HEIGHT
REQUIREMENTS AND CLARIFY EXISTING SECTION 154.118 LANGUAGE
Background:
When the City Code was codified in 2004, part of Zoning Ordinance Section 154.118,
Fences and Walls, was omitted in error. The current ordinance does not identify any fence
height; however the previous ordinance contained a 6' height maximum for residential
fences. The requirement for constructing the fence with the finished side to the outside
was also omitted. Planning staff recommends adding the height requirement back in the
• ordinance, along with several other changes to clarify fence regulations. Requirements for
non - residential fences are also proposed to allow higher fences for screening purposes, as
currently referenced in "Section 154.115, Screening; landscaping; outdoor storage and
display".
11
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their October
21, 2008, meeting. There was no one from the public who spoke on the request. The
Commission discussed the sight visibility triangle and the how landscaping can also impact
visibility. Staff noted that although we don't issue permits for landscaping, we do advise
residents to consider mature plant size when planting shrubs and trees. Also discussed was
the need for structural engineer for fences and walls exceeding 6 feet in height. After
concluding discussion, the Commission unanimously recommended approval of the ordinance
changes.
Recommendation:
The Planning Commission unanimously recommended approval of the amendment to Section
154.118 of the City Code regarding fence requirements.
4 tCY5
0 PUBLICATION NO,
ORDINANCE NO. 08 -0515
AN ORDINANCE AMENDING CITY CODE CHAPTER 154; SECTION 154.118, TO SPECIFY
FENCE HEIGHT REQUIREMENTS AND CLARIFY LANGUAGE
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Notice of public hearing was duly given and publication of said hearing was duly made to appear to the
satisfaction of the City Council that it would be in the best interests of the City to amend the City Code,
Title XV: Land Usage, to amend Chapter 154, Section 154.118, to specify fence height requirements and
clarify existing language.
§ 154.118 FENCES AND WALLS.
(A) In any zoning district, fences, walls, and hedges, or ethef simil ebstraetiens maybe built or
lk anted
requesting the P subiect to meeting the following requirements:
(1) Fences, walls, hedges, or other simil obstructions shall not encroach on any public right -of-
way and must be a minimum of five feet from any of the rights -of -way (excluding alleys).
(2) Fences and walls may be built up to but not on, interior property lines
(3) No fence or wall shall exceed 6 feet in height in any residential district.
(4) The finished side of the fence shall be to the outside of the property with the posts to the
inside, unless the fence is the same on both sides.
(5) Fences and walls within non - residential districts may be constructed up to 8 feet in height.
unless otherwise limited within the zoning district of the subiect property or if a higher fence
is requited to meet the screening requirements of the ordinance Fences and walls over 6 feet
require certification by a structural engineer. Refer to specific zoning district of the property
for additional requirements and development standards.
(6) {2) On corner lots, no obstructions over 30 inches high are allowed within the a�sii le
"si t triangle ", as identified on the following diagram. ne fnere than go ineheig +tt height,
edge will .._ _it is _ a fer- tie fnefe than 39
inehes in height, to be eeastmeied 25 fiaet fr-efa atmet right of way edge
I--------------------
• 25'
Sight
Triangle
4 25' 10 5'
V r G�3
Ordinance 1108-0515
Section 154.118
Fences and Walls
November 12, 2008
Page 2
(7) Approval of a fence permit is required prior to construction of any fence or wall.
(B) The Zoning Administrator may prohibit development in accordance with the above in instances
that would produce a safety or traffic hazard.
('89 Code, § 11.10.07) (Ord. 464, passed 1 - -96; Am. Ord. 02 -321, passed 10 -8 -02) Penalty, see § 10.99
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and
publication.
Adopted by the City Council this 12th day of November, 2008.
Attest:
Gary D. Plotz
City Administrator
•
Steven W. Cook
Mayor
4 Cc-)3
0 MEMORANDUM
DATE: October 21, 2008 for the October 28, 2008 City Council meeting
TO: Hutchinson City Council
FROM: Rebecca Bowers, AICP, Planning Director
SUBJECT: AMENDMENT TO ZONING ORDINANCE SECTION 154.064, ADDING
"OFFICES, BUSINESS AND PROFESSIONAL" AS A PERMITTED USE IN
THE C-4 ZONING DISTRICT
Backaround:
The proposed amendment would add "offices, business and professional" to the permitted
uses in the C-4 District. The Zoning Ordinance states the purpose of the C-4 district is to
provide areas for the grouping of general retail sales establishments, offices and services
that offer convenient shopping facilities for city residents and surrounding area. However,
offices are not listed among the permitted uses. It has been staffs practice to use the
"trade and services" category in the C-4 district to allow for offices; however "offices" should
• be listed specifically as permitted use. Landform staff also noted the lack of an office use
during the Highway 7 Corridor Study and recommended the addition. Recent discussions
with a commercial developer also expressed concern that 'offices" were not specifically
listed as permitted uses in the C-4 district.
0
Planning Commission Meetina:
The Planning Commission held a public hearing and considered the request at their October
21, 2008, meeting. There was no one from the public who spoke on the request. After briefly
discussing the proposed addition of offices to the permitted uses in the C-4 district, the
Commission unanimously recommended approval.
Recommendation:
The Planning Commission unanimously recommended approval of the ordinance amendment
to add 'offices, business and professional" to the permitted uses in the C-4 District.
G cc) CA
PUBLICATION NO.
ORDINANCE NO.08 -0516
AN ORDINANCE AMENDING CITY CODE CHAPTER 154; SECTION 154.064,
ADDING LANGUAGE TO PERMITTED USES IN THE C4 ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Notice of public hearing was duly given and publication of said hearing was duly made to appear
to the satisfaction of the City Council that it would be in the best interests of the City to amend
the City Code, Title XV: Land Usage, to amend Chapter 154, Section 154.064, adding language
to the permitted uses in C-4 (Fringe Commercial District).
§ 154.064 C4, FRINGE COMMERCIAL DISTRICT.
(A) Purpose. The C4 commercial district is intended to provide one or more areas for the
grouping of general retail sales establishments, offices and services which offer convenient
shopping facilities for city residents and the surrounding area. C4 district provisions and
boundaries are established to promote compatible land use relationships among diverse types of
uses and encourage well - planned development or expansion in accord with the city's
Comprehensive Plan. Only those uses which substantially interfere with the overall function of
the general commercial area will be excluded.
(B) Permitted uses. The following uses are permitted as regulated herein, without special
• application requirements or conditions attached. Similar uses may be allowed upon the
determination of the City Council.
(1) Trade and services: any retail store or personal service business subject to all
regulations and permits and licenses as may be required by law, and further provided that the use
is not objectionable due to noise, fumes, smoke, odor or vibration, including the following and
other similar uses as determined by the city's Planning Commission;
(2) Catering businesses;
(3) Convenience grocery stores;
(4) Cultural facilities;
(5) Game and amusement arcades;
(6) Hotels and motels;
(7) Motor vehicle sales and service establishments;
(8) Post offices and other public service operations;
• (9) Restaurants, including convenience food;
(10) Taverns;
(11) Theaters;
(o co-�q
a Ordinance #08-0516
Section 154.064
Permitted Uses in C-4
November 12, 2008
Page 2
(12) Trade and business schools, technical colleges, vocational schools, universities;
(13) Hospitals;
(14) Crisis shelters;
(15) Car washes;
(16) Pawnbroker establishments —a
(17) Massage service establishments.
(18) Offices; business and professional
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and
publication.
• Adopted by the City Council this 12'' day of November, 2008.
Attest:
Gary D. Plotz
City Administrator
Ll
Steven W. Cook
Mayor
G ���y
r�
C
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
Randy DeVries, Water/Wastewater Manager
RE: Consideration of Improvement Project Change Orders
DATE: October 28, 2008
As construction has proceeded on the below listed projects there have been additional work, project scope revisions, and
construction staging revisions. All of these items have been identified and deemed necessary to satisfactorily complete
the projects. The following Change Orders are proposed to address these items:
• o Change Order No. 7 — Letting No. 4/Project No. 07-04 — W WTF Improvements
Documentation necessary to address several project construction item additions and deletions
(please see attached it formation for further details). This Change Order results in an additional
contract cost of S40, 580.55. The total cost of additional work for the project is just less than 1.5%
of the original contract amount, which is still well within reasonable construction expectations.
We recommend that the above Change Order he approved.
cc: Gary Plotz, City Administrator
•
G �C)t
CHANGE ORDER NO. 7
CHANGE ORDER COMMENCEMENT OF
• DATE OF ISSUANCE Oclober S. 2008 CONTRACT TIME June 12, 2007
C�
•
• a• a �.. .,� ,,. � _.,.�
r • • �.I iV 1.
YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENTS:
DESCRIPTION: Contractor to provide additional work as requested by the Owner or necessitated by the project start-up:
including credits for work deleted from the project. Refer to the attached Summary Page for a complete list of the
added/deleted items.
REASON FOR CHANGE ORDER: Items are at Owner request, equipment Manufacturer rocommendation, electrical
review. and as necessitated by the project start -up.
ATTACHMERNTS: Summary Page and cast back -up documentation (Appendices to the Summary Page).
CHANGE IN CONTRACT PRICE
Original Contract Price:
S 11.100.000.00
Net increase (decrease) from previous Change Orders:
$ 231.591.00
Net increase (decrease) of this Change Order.
S 40.580.55
Revised Contract Price:
S 11372.171.55
CHANGE IN CONTRACT TDdES
Original Contract Times: (den wdawl
Substantial Completion: July It. 2008
Reedy for Final Payment: Saotember 9.2005
Not increase (decrease) from previous Change Orders: (days)
Substantial Completion: 4 Iays
Ready for Final Payment: 14 Ian
Net increaser (decrease) of this Change Order. (dayv)
Substantial Compk don: 0 Ian
Ready for Final Payment: 0 Ian
Revised Contract Tortes: (dayr wdaao)
Substantial Completion: July 15, 2W8
Ready for Final Payment SMSM& r 23.200S
CONTRACTOR agrees that this Change Order includes any and all costs associated with or resulting from the change ordered
herein, including all impacts, delays, and accelerated costs. Other than the dollar amount and time allowance listed above,
there shall be no other dollar or time compensation as a result of this Change Order.
THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL
STIPULATIONS AND COVENANT'S OF THIN CONTRACT SHALL APPLY HERETO.
By:
Date:
Donohue 3 Assoclates, Inc.
Project No. 11207
APPROVED:
By.
OWNER (s4wowe)
Date:
Gn
I•
•1aJ•�aw
CONTRACTOR (alymevs)
CHANGE ORDER NO.
Page 2
• Summary Page for Change Order 7
This change order contains several items that are described below.
1. Asphalt addition. Additional asphalt cutting, roadway re- grading and asphalt placement was
installed at Owner request to address past problems associated with the area properly draining. These
changes will facilitate future maintenance of the adjacent areas previously affected by the poor drainage
and run -off. Refer to Appendix 1 for the cost documentation associated with this change.
Add to contract amount: $ 18,108.00
2. Permeate pump pressure switch. Install high pressure switches between the valves and permeate
pumps as requested by GErLenon (the manufacturer of the equipment). The manufacturer recommended
this location in order for the pressure switches to provide pump protection under all foreseeable pump
operating conditions; and will minimize future problems related pump pressure problems. Refer to
Appendix 2 for the cost documentation associated with this change.
Add to contract amount $1,697.00
3. Handrail for roof mounted air handlers. Provide modifications to roof handrails to accommodate
clearance for electrical control panels during roof -top maintenance operations. The electrical control
panels of the actual equipment provided were located in a position that prohibited easy access to than for
• future maintenance. Refer to Appendix 3 for the cost documentation associated with this change.
Add to contract amount $3,253.00
4. Additional chemical room grating. Install two cross beams and grating to accommodate fork lift
and acid tote loadings of 12,500 pounds. The beams are to be placed so that the fork lift tires will be
directly over them, and the tote valve is to face to the west for the hose connection to the piping system.
As the Owner receives bulk chemical deliveries, the additional structural support will facilitate chemical
deliveries. Refer to Appendix 4 for the cost documentation associated with this drange.
Add to contract amount $6,410.00
5. Electrical duct bank and other electrical additions. Delete electrical dud bank from HH4 to HH6.
Delete 1" minimum underground conduits, replace with V minimum for duct bank at building 30.
Relocate existing lights and receptacles in Building 30. Add a 100 amp circuit breaker to conned existing
electric heaters in Building 80. Include additional conduit and wire for Building 50. Refer to Appendix 5
for the cost documentation associated with this change.
Add to contract amount $697.73
6. Install 8 inch diameter flow meter. Install an Owner famished flow meter in the suction line of
W3 pumps as well as SCADA modifications. The addition of the flow meter will provide enhanced
operating performance by providing additional flow information to the Owner for process control. Refer
• to Appendix 6 for the cost documentation associated with this change.
Add to contract amount $2,863.00
Donohue & Associates, Inc.
Project No. 11207
CHANGE ORDER NO. 7
(P (A J
7. Install aluminum hoisting beam In Building 30. hustall an Owner fiunished beam above the sump
pumps in Building 30. The addition of the hoist beam will allow the Owner easier access to the sump
pumps for repair and maintenance. Refer to Appendix 7 for the cost documentation associated with this
change.
Add to contract amount $1,131.00
8. Building 30 circulating pump and controls. Circulating pump 30-P -2 and unit 30 -HRU -2 required
components to provide automatic start sequencing for the hot water circulating pump associated with 30-
HRU -1. Pump to be controlled by hand- off - automatic switch. In the automatic mode, pump shall start
based on a fall in the outside air temperature below 60 degrees F adjustable. Provide power wiring to the
components. All components to be suitable for Class 1, Division 1, Group D hazardous environment.
Automatic starts of this equipment will facilitate Owner operation of the equipment. Refer to Appendix 8
for the cost documentation associated with this change.
Add to contract amount: $3789.00
9. Add alarm beacon and horn to fire alarm systen-L The existing fire alarm system did not have
enough contacts in the fire alarm system to accept the additional alarm conditions required under this
project. Provide an additional 120 volt circuit from 55 -LP -1 with an interposing relay for the alarm
beacon and horn. Refer to Appendix 9 for the cost documentation associated with this change.
Add to contract amount: $617.00
• 10. Additional programming features to the aeration blowers. The Owner requested additional
programming to be done to the aeration blower controls to allow a second blower to automatically start in
the event the first blower cannot provide enough air for the system. The contractor will also provide an
updated software program with these changes. Refer to Appendix 10 for the cost documentation
associated with this change.
Add to contract amount: $3,664.00
11. Replace the grit channel float. The existing grit channel high level float did not perform adequately.
The Owner requested that a small diameter float be installed for clearance and better performance of the
system. Refer to Appendix 11 for the cost documentation associated with this change.
Add to contract amount: 5433.00
12. Credit stainless steel valves. Stainless steel valves were specified for check valve and gate valve for
the sump pumps in building 30. Contractor had PVC ball valves and iron chock valves approved in lieu
of stainless steel. Refer to Appendix 12 for the cost documentation associated with this change.
Deduct from contract amount <$7,000.00>
13. W -3 pump control. Additional control was added to protect the W -3 pumps from running dry when
pumping from back pulse tank when tank is out of operation. Refer to Appendix 13 for the cost
documentation associated with this change.
• Add to contract amount $548.00
Donohue & Associates. Inc. CHANGE ORDER NO. 7
Project No. 11207 (S U)
14. Air flow switches. At the request of the membrane manufacturer, two flow switches (55- 5-33 -1 & -
2) were added and wired to the control system for operation of the blowers to better control their
equipment during normal operations. Refer to Appendix 14 for the cost documentation associated with
this change.
Add to contract amount $1,431.00
15. Grass and Lawn. The Owner has provided for re- seeding and maintaining of lawns now the new
MBR building. Refer to Appendix 15 for the cost documentation associated with this change.
Deduct from contract amount <$609.78>
16. MBR performance testing. Owner provided samples for testing of the MBR performance.
Contractor to pay for MVTL testing. Refer to Appendix 16 for the cost documentation associated with
this change.
Deduct from contract amount <$724.40>
17. Gas meter guard Owner requested the installation of a series of protective guards for gas meter at
corner of Building 55 to minimize damage that could have been caused by nearby vehicle operation.
Refer to Appendix 17 for the cost documentation associated with this change.
Add to contract amount $1,733.00
• 18. Eye wash station. Provide additional wiring at the eye wash station to include an alarm switch and
adding a relay and OFI circuit. This will provide protective features to the eye wash unit. Refer to
Appendix 18 for the cost documentation associated with this change.
Add to contract amount $1,119.00
19. Flow valve Control wiring was added at the request of the membrane manufacturer for valves FV-
39-1A, and 2A. This will provide for better control of the membrane system equipment. Refer to
Appendix 19 for the cost documentation associated with this change.
Add to contract amount 5792.00
20. Cyclic valves Control wiring was added at the request of the membrane manufacturer for valves
FV- 39 -1A, and 2A for the scour air system. This will also provide for better control of the membrane
system equipment. Refer to Appendix 20 for the cost documentation associated with this change.
Add to contract amount 5629.00
Net add to contract amount: $40,58053
• Net time added - 0 days
Donohue & Associates, Inc. CHANGE ORDER NO. 7
Project No, 11207 U LIJ\
L1
a
Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350.2522
320.587 - 51511&& 320.2344240
TO: Mayor and City Council Members
FROM: John Paulson, Environmental Specialist
RE: Municipal Operations Energy Conservation Goals
DATE: 10/21/2008
City staff has been meeting regularly to discuss energy conservation efforts in all departments. Most
recently we discussed the establishment of a city wide energy reduction goal.
An evaluation was done on past energy usage to establish a baseline total. Totals of energy usage for
natural gas, electric, and vehicle fuels for city operations were used in the baseline. The most
accessible and representative full year of data was obtained using 2006 numbers. The baseline will
have to be adjusted due to the new Water Plant and Wastewater Plant upgrade. These two projects
have the potential for having a significant impact on the total usages for the city. In July of 2009
staff will evaluate and adjust the baseline using a full year of usages from both plants to establish the
• final cumulative baseline for all city facilities.
The US Mayors Climate Agreement was the framework used in setting the goal. The end date was
adjusted from 2012 because the baseline in the agreement is set at 1990 levels. An equal 7%
reduction from the City's cumulative 2006 baseline by 2015 is the goal that is recommended by
City Directors for our municipal operations.
There will be ongoing evaluations of conservation efforts is to reach the goal. Future needs are
currently being assessed throughout municipal operations. All departments are encouraged to assess
their operations to determine if there are projects that can have high returns on investment. The
incorporation of energy conservation into all operations will continue to be implemented.
A tool that has also been researched is the Energy Star Program. The Energy Star website provides
tools for evaluating energy savings by project, educational materials for staff, and many other
resources. Participation in the program is free.
An inventory of all buildings and their HVAC systems is ongoing. The goal of the inventory is to
make sure that these systems are properly maintained, operated, and functioning. Any deficiencies in
the systems can then be addressed using shared knowledge from all departments.
The awareness gained from tracking our energy usage and determining where the most beneficial
changes can be made has both economical and environmental benefits. By implementing the goal
and monitoring the progress, staff can make informed decisions on where the process falls short and
make the necessary changes to get back on track.
City staff welcomes your comments and suggestions and wi11 assist the council in any way we can.
- Printed os re<yded paper - I COL) v
Energ Usage Comparisons
Wastewater
1 2006
1 2007
Difference
Electric U kWh
59 41556
3910553
- 5.90%
Gas Usage(ft')l Usage(
) 39243501
39903451
1.68%
1876
ter
2006
1 2007
Difference
Electric Usag kWh
1427839
2342772
64.08•k
Gas Usage( )
564500
9213161
63.21%
Park
Public Works
2006
I YO-07
I Difference
Electric Us a kWh
4JU(j.361
6467841
50.19%
Gas usage(Ir)j usage( )
20235651
24987901
23.48%
1301
Eme enc Sarvksa
2006
2007
Difference
Electric U kWh
239297
302657
26.48%
Gas Usage(
1320400
1689900
27.98%
Parks
1 2006
2007
1 Difference
Electric Usage(kWh)l
12887741
1361172.89
5.62%
Gas Usage( )
6409224
6880767
7.36%
ulidin
2006
2007 1
Difference
Electric U e kWh
526510
497413
- 5.53%
Gas Usage( )
191 8334
1909959
- 0.44%
m post 1
2006 1
2007
Difference
Electric Usage(kWh)l
25289()l
236730
-6.39%
Gas Usage(
31645641
3003445
- 5.09%
uorHutch
2006
2007
Electric Usage(kWh)l
309818
317371
2.44•k
Gas Usage(
491940
647120
31.64%
Total DeplL Usage 1
2006
2007 Difference
Electric U e kWh
83216051
9378722.89 12.70%
Gas usage(n-)i usage( )
193249371
18538197 - 4.07%
.. p. v. -a.. i° 16 a ruuuauvn in NU/ Trom Zuu5
Fuel Usa e Comparisons
DEPARTMENT
M5
2006
12007
n s 7
Wastewater
3342
3514
3751
12.23%
Water
1757
1876
1830
4.15%
Public Works
22873
20481
23907
4.5rk
Eme enc Services
17709
18173
17985
1.56%
Park
10512
7270
8619
Bulldln
1329
1329
1183
Com st/RRsc
18616
8709
1301
A-10M
ITYTOTAL
76 37
61 52
58576
Example: - 5.90% is a reduction in 2007 from 2005
P blic Works Includes: Airport, Cemetary, Central Garage, Engineering, Stormwater, Streets Dept.
ergency Services includes: Police Dept., Fire Dept.
Building Includes: Building Dept., City Center, Legal
n BOA
6
I' -I
LA
0
r
October 22, 2008
City of Hutchinson
Public Works Department
Operations & Maintenance
1400 Adams St SE
Hutchinson, MN 55350
Phone(320)234 -4219 Fax(320)234 -6971
To: Honorable Mayor and City Council members
From: John Olson, Public Works Manager
CC: Kent Exner, City Engineer
Subject: Construction of Commercial Hangar at Hutchinson Airport
Attached is a copy of the cost proposal from TKDA. In summary, the proposed agreement with
TKDA includes the following components:
ENGINEERING PROPOSAL SERVICES
1) $5,300 (City:S265; FAA: 55,035) = Project Formulation and Preliminary Design — TKDA will
ensure all Federally required applications, forms and preliminary work is completed for 2009
Federal CIP assistance, including the required FAA business plan, preliminary design/layout and
environmental checklists.
2) $29,600 (City: 51,480; FAA $28,120) = Design Phase - Civil — Prepare appropriate site plans and
civil engineering design for hangar location near FBO (surveys, base maps, soil borings, plans &
specifications, etc.), including FAA contracting requirements (permits, airspace, DBE,
construction safety plan, bidding assistance, etc.)
3) $29,100 (City. $1,455; FAA: $27.645) = Design Phase - Arch/Elec/Mech/Struct. - Design/build
construction documents for hangar. Take design to a 30% level for bidding the structure under a
design -build process.
4) 510,000 (City: $500; FAA: $9,500) = Design Phase - Optional Hangar Site - Same as item 2)
above, for an alternate hangar site identified south of the most recently constructed commercial
hangar. This phase is optional. If the City absolutely wants to pursue design at this second site,
please authorize TKDA to do so on the previously provided proposal.
Total contract= $74,000 (City:S3,700; FAA: 570,300)
PRELIMINARY CONSTRUCTION ESTIMATES
l) Site near FBO - $400,000 (previously determined)
2) Alterative site - 5480,000 — lfflammable waste trap for the new hangar is required the alternative
site would include additional construction costs.
PRELIMINARY SCHEDULE
1) 60 days for design
2) 30 days for bidding
3) Pre -engineered building can arrive on site 8 -10 weeks after order is placed by
contractor. Contractor could place order approximately 4 weeks after project award.
I will be available at the City Council meeting to answer any questions that may come up.
(CkjJ
E
•
•
TKDA
L3J(a1EBE • ARCHITECTS • PLMNBiS 444 Cedar Stria, Sulte 1500
Saint PBUL Ala 55101$140
(851) 292 -4400
(851)292 -M Fax
www.tkda.com
October 20, 2008
Mr. John Olson
Public Works Superintendant
City of Hutchinson
Hutchinson Area Transportation Service
1400 Adams Street Southeast
Hutchinson, Minnesota 55350
Re: Authorization for Architectural and Engineering Services
New Aircraft Hangar
Hutchinson Municipal Airport
Dear Mr. Olson:
Enclosed please find three originals of the proposed Authorization for Architectural and
Engineering Services for a New Aircraft Hangar at Hutchinson Municipal Airport. These are
provided for review and approval.
Please have all originals signed and return two to our office for signature. A fully- executed
original will be returned to you.
We appreciate assisting with this Project. If you have any questions, please contact me at
(651) 726 -7917.
Sincerely,
Mark C. Pursell, P.E.
Project Manager
MCP:adh
Enclosures
M Emp4va Oweed Cimµvry Promiirp A7nnaUw kOw and E"PAIM Ueir
i orb)
• THE CITY OF HUTCHINSON, MINNESOTA
AUTHORIZATION FOR PROFESSIONAL SERVICES
•
TO: Toltz, King, Duvall, Anderson
and Associates, Incorporated
444 Cedar Street, Suite 1500
St. Paul, Minnesota 55101
Pursuant to our Professional Services Agreement dated April 8, 2008, you are hereby authorized
to proceed with the services described as follows:
NEW AIRCRAFT HANGAR BUILDING
The CITY has a need for a New Aircraft Hangar Building for helicopter storage. The building
will also provide space for EMS personnel, and requires airfield aprons and utility connection.
The new building will be a pre- engineered building structure. The CITY is authorizing TKDA to
provide the necessary Architectural and Engineering services required to complete the design to
a 30% level, after which a design/build contractor will complete the design and construction.
TKDA is requested to provide the following services for the Project:
A. PROJECT FO MIIt ATION AND PRELIMINARY DESIGN PHASE
1. Conduct up to two meetings and site visits to determine Project needs.
2. Develop alternatives, preliminary costs estimates, and exhibits for consideration
by the CITY.
3. Assist with CIP preparation and submittal.
4. Coordinate with FAA and Mn/DOT regarding Project elements and funding.
B. DESIGN PHASE CIVHj
1. Coordinate with the CITY, Mn/DOT, and FAA any changes in Project scope,
cost, or schedule due to Preliminary Design Phase.
2. Provide administrative assistance related to state and federal airport funding
programs.
3. Prepare "Construction Safety Plan" in accordance with FAA Advisory Circular
150/5370 -2C.
•
-1-
I oGb\
• 4. Prepare application for necessary permits required for construction, including
FAA Airspace approval.
5. Work with FAA and Mn/DOT to obtain a Categorical Exclusion under the
requirements of FAA Order 5050.4A, Airport Environmental Handbook, and
Minnesota Statutes Chapter 4410, Airport Quality Board Environmental Review.
6. Assist the CITY in establishing Project- specific Goals for DBE utilization.
7. Prepare Construction Management Program for use during the Construction Phase
of the Project.
8. Develop topographic surveys and base maps on AutoCAD.
9. Prepare plans and specifications, contract documents, and detailed estimates for
construction items described in SECTION I. Make minor revisions and
adjustments following CITY, Mn/DOT, and FAA review.
10. Reproduce the final plans and specifications for bidding purposes.
11. Assist the CITY in arranging for services of a construction testing agency.
12. Assist in securing bids, tabulation, and analysis of bid results. Forward the results
to Mn/DOT and FAA for their use in preparing state and federal funding
documents.
• C. DESIGN PHASE - ARCHITECTURAL. ELECTRICAL, MECHANICAL. AND
STRUCTURAL
•
L Meet to discuss and define scope of Project and design criteria in terms of
architectural, structural, civil, mechanical, and electrical requirements.
2. Provide Project Criteria to describe character, scope, relationships, forms, size and
appearance of the Project and, in general, their quality levels, performance
standards, requirements or criteria.
3. Provide a summary work description of the proposed Project. This will include
building size, materials, and uses; space program/build out requirements, and site
work.
4. Prepare preliminary architectural floor plan, building elevations, and building
section.
5. Prepare architectural technical performance specifications.
6. Prepare structural foundation performance specification, foundation plans and
details, and hangar performance specification.
7. Prepare mechanical, HVAC, and plumbing criteria.
8. Prepare electrical criteria.
-2-
i OL6
• D. DESIGN PHASE - CIVIL - OPTIONAL HANGAR S
1.
Coordinate with the CITY, Mn/DOT, and FAA any changes in Project scope,
cost, or schedule due to Preliminary Design Phase.
2.
Provide administrative assistance related to state and federal airport funding
programs.
3.
Prepare "Construction Safety Plan" in accordance with FAA Advisory Circular
150/5370 -2C.
4.
Prepare application for necessary permits required for construction, including
FAA Airspace approval.
5.
Work with FAA and Mn/DOT to obtain a Categorical Exclusion under the
requirements of FAA Order 5050.4A, Airport Environmental Handbook, and
Minnesota Statutes Chapter 4410, Airport Quality Board Environmental Review.
6.
Assist the CITY in establishing Project- specific Goals for DBE utilization.
7.
Prepare Construction Management Program for use during the Construction Phase
of the Project.
H.
Develop topographic surveys and base maps on AutoCAD.
9.
Prepare plans and specifications, contract documents, and detailed estimates for
•
construction items described in SECTION I. Make minor revisions and
adjustments following CITY, Mn/DOT, and FAA review.
10.
Reproduce the final plans and specifications for bidding purposes.
11.
Assist the CITY in arranging for services of a construction testing agency.
12.
Assist in securing bids, tabulation, and analysis of bid results. Forward the results
to Mn/DOT and FAA for their use in preparing state and federal funding
documents.
III. ADDITIONAL SERVICES
If authorized by the CITY, furnish or obtain from others services of the types listed below which
are not considered as basic services under this Authorization. These services shall be billable on
an Hourly Rate basis as defined in our Agreement, and such billings shall be over and above the
any amounts set forth herein.
A. Registered land or right -of -way surveys, legal descriptions, or related services.
B. Construction phase and post construction phase services beyond that included in
SECTION II.
C. Preparation of DBE Program (beyond contract - specific goals).
• D. More than two trips by TKDA staff to Hutchinson, Minnesota.
3-
0 �J
iE. Design and engineering of electrical and mechanical systems.
F. The design/build contractor shall be responsible for final design and engineering of the
building. The awarded Design -Build Contractor must commission the final design,
drawings, and contract documents for permitting/construction for all required disciplines
(architectural, structural, mechanical, and electrical by Minnesota licensed professionals).
G. Environmental services beyond securing Categorical Exclusion.
'_:_S� • vLei�
SECTION ILA through II.0 services shall be provided in accordance with schedules to be
established for the Project. SECTION II.D services shall be provided if authorized by the CITY
by checking the option box below.
V. COMPENSATION
Compensation to TKDA for services provided as described shall be as defined in Article 3 of the
our Agreement, as summarized below. The fee shown for each phase is provided for information
only and shall not be interpreted as a limiting factor for that phase, rather the total amount is the
limiting factor.
• SECTION ILA $ 5,300
SECTION II.B 29,600
SECTION ILC 29,100
SECTION II.D (Optional) 10,000
TOTAL LUMP SUM AMOUNT $74,000
Services Authorized by the CITY:
f�twwww�l
® SECTION II.A thru II.0 Services ❑ SECTION II.D Services
Approved by 2008
Authorized City Representative
• Consultant Acceptance by
Authorized TKDA Representative
4-
NO
(3(a)
n
u
� o(.b�
��®
���
i��
� i �
���
�lii�� 1��i�
set■ ���:� �■ �■i �
a�i �I � ���!!�
��
• Policy Type: Executive Limitations
Policy Title: 2.0 Global Executive Constraint
r �
u
is
The City Administrator shall not cause or allow any practice, activity, decision, or
organizational circumstance that is unlawful, imprudent, or in violation of commonly
accepted business and professional ethics and practices.
Date of Adoption Affirmation of official board action adopting this policy: _
• Policy Type: Executive limitations
Policy Title: 2.1 Treatment of the Public
With respect to interactions with the public, the City Administrator shall not cause or
allow conditions, procedures, or decisions that are unsafe, untimely, undignified, or
unnecessarily intrusive. Further, without limiting the scope of the foregoing by this
enumeration, the City Administrator shall not:
2.1.1. Elicit information for which there is no clear necessity.
2.1.2. Use methods of collecting, reviewing, transmitting, or storing client information
that fail to protect against improper access to the material elicited.
2.1.3. Fail to operate facilities with appropriate accessibility and privacy.
2.1.4. Fail to establish with the public a clear understanding of what may be expected
and what may not be expected from the service offered.
• 2.1.5. Fail to inform the public of this policy or to provide a way to be heard for
persons who believe they have not been accorded a reasonable interpretation
of their protections under this policy.
•
2.1.6. Shall not fail to provide budget documents for public review that are easily
understood.
2.1.7. Shall not fail to have an ethics policy in place that provides all employees with
direction in dealing with the public fairly and professionally.
2.1.8. Shall not ask the council to approve significant new initiatives or ordinances
without first seeking input from the public and a representative group of affected
stakeholders during the development process.
Date of Adoption Affirmation of official board action adopting this policy:
j 6cc>
u
•
Policy Type:
Policy Title:
Executive Limitations
2.2 Treatment of Staff
With respect to the treatment of paid and volunteer staff, the City Administrator shall not
cause or allow conditions that are unfair, undignified, unsafe, disrespectful,
disorganized, or unclear. Further, without limiting the scope of the foregoing by this
enumeration, the City Administrator shall not:
2.2.1. Operate . without written personnel rules that
(a) clarify rules for staff,
(b) provide for effective handling of grievances, and
(c) protect against wrongful conditions and grossly
preferential treatment for personal reasons.
2.2.2. Discriminate against any staff member for nondisruptive expression of dissent.
2.2.3. Fail to acquaint staff with the City Administator's interpretation of their
protections under this policy.
2.2.4. Allow staff to be unprepared to deal with emergency situations.
2.2.5 Shall not fail to have appropriate protections against nepotism in the hiring process.
2.2.6 Shall not fail to implement regular, comprehensive performance reviews for all
employees.
2.2.7 Fail to create a management culture that fosters continual individual and departmental
improvement, personal accountability, employee input and team work.
2.2.8. Fail to provide a succession plan for key employee positions.
Date of Adoption_ Affirmation of official board action adopting this policy:
o��
• Policy Type: Executive Limitations
Policy Title: 2.3 Financial Condition and Activities
With respect to the actual, ongoing financial condition and activities, the City Administrator shall
not cause or allow the development of financial jeopardy or material deviation of actual
expenditures from Council priorities established in Ends policies. Further, without limiting the
scope of the foregoing by this enumeration, the City Administrator shall not:
2.3.1. Expend more total Government Funds (everything but Enterprise) than have been
received in the fiscal year, unless the debt guideline (as follows) is met.
2.3.4. Conduct interfund shifting in amounts greater than can be restored in a fiscal year.
2.3.5. Fail to settle payroll and debts in a timely manner.
2.3.6. Allow tax payments or other government- ordered payments or filings to be overdue or
inaccurately filed.
2.3.7. Make a single purchase or commitment of greater than $50,000.00. Splitting orders to
• avoid this limit is not acceptable.
FJ
2.3.8. Acquire, encumber, or dispose of real property.
2.3.9. Fail to aggressively pursue receivables after a reasonable grace period.
2.3.10 Create financial conditions that adversely effect the City's current bond rating.
2.3.11 Recommend budget actions that would reduce fund balances below Council policy
levels.
2.3.12 Fail to hold consultants and contract workers to appropriate performance and ethical
standards.
2.3.13 Fail to have a bonding plan in place as adopted by the Council.
Date of Adoption Affirmation of official board action adopting this policy:
- 16 C�
• Policy Type:
Policy Title:
u
L]
Executive Limitations
2.4 Financial Budaetir
The City Administrator shall not cause or allow budgeting for any fiscal year or the
remaining part of any fiscal year to deviate materially from the Council's Ends priorities,
risk financial jeopardy, or fail to be derived from a five year plan with appropriate
assumptions, unless additional expenditures are authorized by Council. Further, without
limiting the scope of the foregoing by this enumeration, there will be no financial plans
that:
2.4.1 When in their annual budget form, fail to be formally adopted by the Council.
2.4.1. Risk incurring those situations or conditions described as unacceptable in the
board policy "Financial Condition and Activities."
2.4.2. Omit credible projection of revenues and expenses, separation of capital and
operational items, cash flow, and disclosure of planning assumptions.
2.4.3. Provide less for Council prerogatives during the year than is set forth in the
Governance Investment Policy.
2.4.4. Use reserve funds, enterprise funds or fund balances to balance the budget
without Council authorization.
2.4.5. Use one -time money for on -going operational expenses without Council
approval.
2.4.6. Fill a vacant position or create a new position without first considering if the
Position really needs to be filled, if there are other ways to address that job
function, and the impact on future budgets while also considering relevant
financial and economic forecasts.
2.4.7. Fail to utilize cost accounting at an appropriate level that provides the information
needed to understand the true cost of a program or service when making priority
and budget decisions and making realistic comparisons with possible
alternatives.
Date of Adoption Affirmation of official board action adopting this policy:
- I o&�
C1
Policy Type: Executive Limitations
Title: 2,5
Administrator Succession
To protect the Council from sudden loss of City Administrator services, the City
Administrator shall not permit there to be fewer than two other executives sufficiently
familiar with Council and City Administrator issues and processes to enable either to
take over with reasonable proficiency as an interim successor.
Date of Adoption Affirmation of official board action adopting this policy; \
Policy Type:
Policy Title:
Executive Limitations
2.6 Asset Protection
The City Administrator shall not cause or allow City assets to be unprotected,
inadequately maintained, unaccounted for, or unnecessarily risked. Further, without
limiting the scope of the foregoing by this enumeration, the City Administrator shall not:
2.6.1. Fail to insure against theft and casualty losses to at least 80 percent of
replacement value (when available and not cost prohibitive) and against liability
losses to Council members, staff, and the organization itself in an amount
greater than the average for comparable cities.
2.6.2. Allow unbonded personnel access to material amounts of funds.
2.6.3. Subject facilities and equipment to improper wear and tear or insufficient
maintenance.
2.6.4. Unnecessarily expose the City, its Council, or its staff to claims of liability.
• 2.6.5. Make any purchase
(a) wherein normally prudent protection has not been given against conflict
of interest;
(b) of over $25,000 without having obtained comparative prices and quality
except as provided by state statute.
2.6.6. Fail to protect intellectual property, information, and files from loss or significant
damage.
2.6.7. Receive, process, or disburse funds under controls that are insufficient to meet
the Council- appointed auditor's standards.
2.6.8. Compromise the independence of the Council's audit or other external
monitoring or advice, such as by engaging parties already chosen by the
Council as consultants or advisers.
2.6.9. Invest or hold operating capital in insecure instruments, including uninsured
checking accounts and bonds of less than AAA rating at any time, or in non -
interest bearing accounts except where necessary to facilitate ease in
• operational transactions. Reference MN state statute 118.8.
Date of Adoption Affirmation of official board action adopting this policy: . I b (C)—
• 2.6.10. Endanger the City's public image, its credibility, or its ability to accomplish
ends.
•
2.6.11 Fail to prepare and sbmit to the Council a recommended 5 year capital
impovement program no later than June 1 each year. (CharterSection 7.05)
Date of Adoption Affirmation of official board action adopting this policy:
j o �c
• Policy Type: Executive Limitations
Policy Title: 2.7 compensation and Benefits
0
0
With respect to employment, compensation, and benefits to employees, consultants,
contract workers and volunteers, the City Administrator shall not cause or allow
jeopardy to financial integrity or to public image. Further, without limiting the scope of
the foregoing by this enumeration, the City Administrator shall not:
2.7.1. Promise or imply permanent or guaranteed employment.
2.7.2. Establish current compensation and benefits that deviate materially from the
geographical or professional market for the skills employed.
2.7.3. Create obligations over a longer term than revenues can be reasonably
projected, in no event longer than prudent and in all events subject to losses in
revenue.
2.7A. Fail to annually present to the Council a performance pay plan for approval.
Date of Adoption Affirmation of official board action adopting this policy:
• Policy Type: Executive Limitations
Policy Title: 2.8 Communication and Support to the Council
The City Administrator shall not cause or allow the Council to be uninformed or
unsupported in its work. Further, without limiting the scope of the foregoing by this
enumeration, the City Administrator shall not:
2.81. Neglect to submit monitoring data required by the Council (see policy 3.4 on
monitoring City Administrator performance) in a timely, accurate, and
understandable fashion, directly addressing the provisions of Council policies
being monitored.
2.8.2. Fail to report in a timely manner any actual or anticipated noncompliance with
any policy of the Council.
2.8.3. Neglect to submit unbiased decision information required periodically by the
Council or let the Council be unaware of relevant trends.
2.8.4. Let the Council be unaware of any significant incidental information it requires,
• including anticipated media coverage, threatened or pending lawsuits,
advancing community concerns, and material internal and external changes.
2.8.5. Fail to advise the Council if, in the City Administrator's opinion, the Council is
not in compliance with its own policies on Governance Process and Council -
Management Delegation, particularly in the case of Council behavior that is
detrimental to the work relationship between the Council and the City
Administrator.
2.8.6. Present information in unnecessarily complex or lengthy form or in a form that fails
to differentiate among information of three types: monitoring, decision preparation,
and "other."
2.8.7. Fail to provide a workable mechanism for official Council, officer, or committee
communications.
2.8.8. Fail, when addressing official business, to deal with the Council as a whole except
when
(a) fulfilling individual requests for information or
(b) responding to officers or committees duty charged by the Councill.
Date of Adoption Affirmation of official board action adopting this policy: _) Oc \
C
t�
0
2.8.9. Fail to supply for the Council's consent agenda, along with applicable
monitoring information, all decisions delegated to the City Administrator yet
required by law, regulation, or contract to be Council- approved.
2.8.10. Fail to ensure that new council members have an appropriate orientation about
the organization in a timely manner.
Date of Adoption Affirmation of official board action adopting this policy: _ I C) �C\
• Policy Type: Executive Limitations
Policy Title: 2.9 Environmental Protection
•
The City shall not create undue negative impacts on the environment through its
policies and practices while also balancing that goal against the economic cost and cost
to the taxpayers. Furthermore, the City Administrator shall not fail to:
1. have a storm water policy in place that meets applicable local, state and federal
requirements and protects the South Fork of the Crow River and affected lakes. (add
in fleet mileage/ 2016 ?)
2. use pesticides, herbicides, and other chemicals any more than necessary to protect
public health and safety and address the need at hand. Shall not fail to investigate and
use biodegradable and environmentally safe alternatives where available.
3. use alternative fuels for city vehicles wherever economically feasible and where
lifecycle cost is better or reasonably close to petroleum powered vehicles. Where
petroleum powered vehicles are used in passenger vehicles, utility vehicles and light
trucks, the average fleet miles per gallon shall not be less than 30 mpg by the end of
2016 unless found to be economically unfeasible.
4. investigate and incorporate renewable energy alternatives for city facilities and
services where economically feasible.
5. provide a recycling program at a reasonable cost for residents that reduces the
amount of material going to the landfill.
6. attempt to meet the provisions of the US Mayors Climate Protection Agreement
7. have procedures and targets in place to reduce the amount of waste generated by
city operations. This includes the amount being recycled as well as going to the landfill.
Date of Adoption_ Affirmation of official board action adopting this policy:
I
i
•
0
Policy Type: Council- Management Delegation
Policy Title: 3.0 Global Governance - Management Connection
The Council's sole official connection to the operational organization, its achievements,
and its conduct will be through a City Administrator.
Date of Adoption Affirmation of official board action adopting this policy:
iPolicy Type: Council - Management Delegation
Policy Title: 3.1 Unity of Control
•
40
Only officially passed motions of the Council are binding on the City Administrator.
Accordingly:
3.1.1. Decisions or instructions of individual council members, officers, or committees
are not binding on the City Administrator except in rare instances when the
Council has specifically authorized such exercise of authority.
3.1.2. In the case of council members or committees requesting information or
assistance without Council authorization, the City Administrator can refuse such
requests that require, in the City Administrator's opinion, a material amount of staff
time or funds or is disruptive.
Date of Adoption Affirmation of official board action adopting this policy:
joccJ
0
ID
Policy Type: Council - Management Delegation
Policy Title: 3.2 Accountability of the City Administrator
The City Administrator is the Council's only link to operational achievement and
conduct, so that all authority and accountability of staff, as far as the Council is
concerned, is considered the authority and accountability of the City Administrator.
Accordingly:
3.2.1. The Council as a whole, or as individual members, will not give instructions to
persons who report directly or indirectly to the City Administrator unless
provided for emergency situations as referenced in state statute or City
Charter.
3.2.2. The Council will not evaluate, either formally or informally, any staff other than
the City Administrator.
3.2.3. The Council will view City Administrator performance as identical to
organizational performance so that organizational accomplishment of Council -
stated ends and avoidance of Council- proscribed means will be viewed as
successful City Administrator performance.
Date of Adoption_ Affirmation of official board action adopting this policy:
J OCC)
iPolicy Type: Council- Management Delegation
Policy Title: 3.3 Delegation to the City Administrator
The Council will instruct the City Administrator through written policies that prescribe the
organizational ends to be achieved and describe organizational situations and actions to
be avoided, allowing the City Administrator to use any reasonable interpretation of these
policies. Accordingly:
3.3.1. The Council will develop policies instructing the City Administrator to achieve
specified results for specified recipients at a specified cost. These policies will
be developed systematically from the broadest, most general level to more
defined levels and will be called Ends policies. All issues that are not ends
issues as defined here are means issues.
3.3.2. The Council will develop policies that limit the latitude the City Administrator
may exercise in choosing the organizational means. These policies will be
developed systematically from the broadest, most general level to more
defined levels, and they will be called Executive Limitations policies. The
Council will never prescribe organizational means delegated to the City
Administrator.
3.3.3. As long as the City Administrator uses any reasonable interpretation of the
Council's Ends and Executive Limitations policies, the City Administrator is
authorized to establish all further policies, make all decisions, take all actions,
establish all practices, and pursue all activities. Such decisions of the City
Administrator shall have full force and authority as if decided by the Council.
3.3.4. The Council may change its Ends and Executive Limitations policies, thereby
shifting the boundary between Council and City Administrator domains. By
doing so, the Council changes the latitude of choice given to the City
Administrator. But as long as any particular delegation is in place, the Council
will respect and support the City Administrator's choices.
Date of Adoption Affirmation of official board action adopting this policy:
16 CC)
Policy Type: Council- Management Delegation
Policy Title: 3.4 Monitoring City Administrator Performance
Systematic and rigorous monitoring of City Administrator job performance will be judged
solely against the achievement of organizational ends and avoidance of unacceptable
means as defined in Executive Limitations. Accordingly:
3.4.1. Monitoring is simply to determine the degree to which Council policies are
being met. Information that does not do this will not be considered to be
monitoring information.
3.4.2. The Council will acquire monitoring information by one or more of three
methods:
(a) by internal report, in which the City Administrator discloses interpretations
and compliance information to the Council;
(b) by external report, in which an external, disinterested third party selected by
the Council assesses compliance with Council policies; or
(c) by direct Council inspection, in which a designated member or members of
the Council assess compliance with the appropriate policy criteria.
40 3.4.3. In every case, the Council will judge (a) if the City Administrator's interpretation
is reasonable and (b) whether data demonstrate accomplishment of the
interpretation.
0
3.4.4. In every case, the standard for compliance shall be any reasonable City
Administrator interpretation of the Council policy being monitored. The Council
is the final arbiter of reasonableness but will always judge with a "reasonable
person" test rather than with interpretations favored by Council members or by
the Council as a whole.
3.4.5. All policies that instruct the City Administrator will be monitored at a frequency
and by a method chosen by the Council. The Council can monitor any policy at
any time by any method but will ordinarily depend on a routine schedule.
Date of Adoption_ Affirmation of official board action adopting this policy:
115(c
LJ
CJ
0
Policy Monitoring Schedule
Policy
Method
Frequency
Month
Ends
Internal
Annually
Global Executive
Internal
Annually
Constraint
Treatment of the Public
Internal
Annually
December
Treatment of Staff
Internal
Annually
February
Financial Condition
Internal
Monthly
July
and Activities
Financial Planning
Internal
Quarterly
March, June,
and Budgeting
September,
December
Emergency City
Internal
Annually
March
Administrator
Succession
Asset Protection
Internal
Annually
January
Compensation
Internal
Annually
April
and Benefits
"
External
Biannually
February
Communication and
Direct
Annually
June
Support
inspection
Governance Policies Direct Two each 4.1 /4.2:March
inspection quarter 4.3 /4.4:June
4.5/4.6: Sept.
(4.7/4.8: Dec.)
Date of Adoption Affirmation of official board action adopting this policy:
16 (C-)
Policy Type: Governance Process
Policy Title: 4.0 Global Governance Commitment
The purpose of the Council, on behalf of the citizens of Hutchinson, is to see to it that
the City of Hutchinson
(a) achieves appropriate results for appropriate persons at an appropriate cost
(as specified in Council Ends policies) and
(b) avoids unacceptable actions and situations (as prohibited in Council
Executive Limitations policies).
I*
LI
Policy Type: Governance Process
Policy Title: 4.1 Governing Style
The Council will govern lawfully, observing the principles of the Policy Governance
model, with an emphasis on (a) outward vision rather than an internal preoccupation, (b)
encouragement of diversity in viewpoints, (c) strategic leadership more than
administrative detail, (d) clear distinction of Council and chief executive roles, (e)
collective rather than individual decisions, (f) future rather than past or present, and (g)
pro - activity rather than reactivity. Accordingly:
4.1.1. The Council will cultivate a sense of group responsibility. The Council, not the
staff, will be responsible for excellence in governing. The Council will be the
initiator of policy, not merely a reactor to staff initiatives. The Council will not
use the expertise of individual members to substitute for the judgment of the
Couincil, although the expertise of individual members may be used to
enhance the understanding of the Council as a body.
4.1.2. The Council will direct, control, and inspire the organization through the careful
establishment of Council written policies reflecting the Council's values and
perspectives. The Council's major policy focus will be on the intended long-
term impacts outside the staff organization, not on the administrative or
programmatic means of attaining those effects.
4.1.3. The Council will enforce upon itself whatever discipline is needed to govern
with excellence. Discipline will apply to matters such as attendance,
preparation for meetings, policymaking principles, respect of roles, and
ensuring the continuance of governance capability. Although the Council can
change its Governance Process policies at any time, it will scrupulously
observe those currently in force.
4.1.4. Continual Council development will include orientation of new Council
members in the Council's Governance Process and periodic Council
discussion of process improvement.
4.1.5. The Council will allow no officer, individual, or committee of the Council to
hinder or serve as an excuse for not fulfilling group obligations.
4.1.6. The Council formally will monitor and discuss the Council's process and
performance quarterly. Self- monitoring will include comparison of Council
activity and discipline to policies in the Governance Process and Board -
Management Delegation categories.
1, o cc)
Policy Type: Governance Process
Policy Title: 4.2 Council Job Products
Speck job outputs of the Council, as an informed agent of the ownership, are those
that ensure appropriate organizational performance. Accordingly, the Council has direct
responsibility to create:
4.2.1. The linkage between the ownership and the operational organization.
4.2.2. Written governing policies that realistically address the broadest levels of all
organizational decisions and situations
A. Ends: organizational products, impacts, benefits, outcomes, recipients,
and their relative worth (what good for which recipients at what cost)
B. Executive limitations: constraints on executive authority that establish the
prudence and ethics boundaries within which all executive activity and
decisions must take place
C. Governance process: specification of how the Council conceives, carries
out, and monitors its own task
D. Council- management delegation: how power is delegated and its proper
use; the City Administrator's role, authority, and accountability
4.2.3. Assurance of successful organizational performance on Ends and Executive
Limitations.
0
1 o cC�
40
Policy Type: Governance Process
Policy Title: 4.3 Agenda Planning
To accomplish its job products with a governance style consistent with Council policies,
the Council will follow an annual agenda that (a) completes a re- exploration of Ends
policies annually and (b) continually improves Council performance through Council
education and enriched input and deliberation.
4.3.1. The cycle will conclude each year on the last day of December so that
administrative planning and budgeting can be based on accomplishing a one -
year segment of the Council's most recent statement of long -term ends.
4.3.2. The cycle will start with the Council's development of its agenda for the next year.
A. Consultations with selected groups in the ownership, or other methods
of gaining ownership input, will be determined and arranged in the first
quarter, to be held during the balance of the year.
B. Governance education and education related to ends determination
(presentations by futurists, demographers, advocacy groups., staff, and
so on) will be arranged in the first quarter, to be held during the balance
of the year.
4.3.3 A Council member, staff, or member of the public may submit an item for
Council discussion by submitting the item to the Mayor or its designee. Items
should be submitted no later than five days before the Council meeting.
4.3.4. Throughout the year, the Council will attend to consent agenda items as
expeditiously as possible.
4.3.5. City Administrator monitoring will be included on the agenda if monitoring
reports show policy violations, if policy criteria are to be debated, or if the
Council, for any reason, chooses to debate amending its monitoring schedule.
4.3.6. City Administrator remuneration will be decided after a review of monitoring reports
received in the last year during the month of February.
.6 CC-)
Policy Type: Governance Process
Policy Title: 4.4 Mayors Role
The Mayor, a specially empowered member of the Council, ensures the integrity of the
Council's process and, secondarily, occasionally represents the Council to outside
parties. Accordingly:
4.4.1. The assigned result of the Mayor's job is that the Council behaves consistently
with its own rules and those legitimately imposed on it from outside the
organization.
A. Meeting discussion content will consist solely of issues that clearly
belong to the Council to decide or to monitor according to Council
policy.
B. Information that is for neither monitoring performance nor Council
decisions will be avoided or minimized and always noted as such.
C. Deliberation will be fair, open, and thorough but also timely,
orderly, and kept to the point.
. 4.4.2. The authority of the Mayor consists in making decisions that fall within topics
covered by City Charter and Council policies on Governance Process and
Board - Management Delegation, with the exception of (a) employment or
termination of a City Administrator and (b) areas where the Council specifically
delegates portions of this authority to others. The Mayor is authorized to use
any reasonable interpretation of the provisions in these policies.
4.4.2.1. The Mayor is empowered to chair Council meetings with all
the commonly accepted powers of that position, such as ruling and
recognizing.
4.4.2.2. The Mayor has no authority to make decisions about policies
created by the Council within Ends and Executive Limitations policy
areas. Therefore, the Mayor has no authority to supervise or direct the
City Administrator.
4.4.2.3. The Mayor may represent the Council to outside parties in
announcing Council- stated positions and in stating chair decisions and
interpretations within the area delegated to her or him.
4.4.2.4. The Mayor may delegate this authority but remains accountable
for its use.
S
ocC
Policy Type: Governance Process
Policy Title: 4.5 Council Members' Code of Conduct
The Council commits itself and its members to ethical, businesslike, and lawful conduct,
including proper use of authority and appropriate decorum when acting as Council
members.
4.5.1. Members must demonstrate loyalty to the ownership, unconflicted by loyalties to
staff, other organizations, or any personal interests as consumers.
4.5.2. Members must avoid conflict of interest with respect to their fiduciary
responsibility.
4.5.2.1. There will be no self -dealing or business by a member with the
organization. Members will annually disclose their involvements with other
organizations or with vendors and any associations that might be
reasonably seen as representing a conflict of interest.
4.5.2.2. When the Council is to decide on an issue about which a member
has an unavoidable conflict of interest, that member shall absent herself
or himself without comment not only from the vote but also from the
deliberation.
4.5.2.3. Council members will not use their Council position to obtain
employment in the organization for themselves, family members, or close
associates. A Council member who applies for employment must first
resign from the Council.
4.5.3. Council members may not attempt to exercise individual authority over the
organization.
4.5.3.1. Members' interaction with the City Administrator or with staff must
recognize the lack of authority vested in individuals except when explicitly
authorized by the Council.
4.5.3.2. Members' interactions with the public, the press, or other entities
must recognize the same limitation and the inability of any Council
member to speak for the Council except to repeat explicitly stated Council
decisions.
4.5.3.3. Except for participation in Council deliberation about whether the
City Administrator has achieved any reasonable interpretation of Council
policy, members will not express individual judgments of performance of
employees or the City Administrator.
49 4.5.4. Members will respect the confidentiality appropriate to issues of a sensitive
nature.
a Cc)
0 4.5.5. Members will be properly prepared for Council deliberation.
•
0
4.5.6. Members will support the legitimacy and authority of the final determination of
the Council on any matter, irrespective of the member's personal position on the
issue.
4.5.7. Members will treat each other with respect. If an issue arises between council
members they will first try to deal with it privately amongst themselves or with the
help of the city administrator.
4.5.8. Members will try to keep each other informed on issues with the help of the city
administrator, while being cognizant of any applicable laws or policies including
the open meeting law.
4.5.9. Shall expect that innovation and continuous improvement is an ongoing
philosophy of the city and in the process encourage responsible risk taking and
toleration of mistakes provided they are done in good faith. The council will model
a similar philosophy in their own endeavors and responsibilities.
UC0-)
9
Policy Type: Governance Process
Policy Title: 4.8 Governance Investment
The Council will invest in its governance capacity. Accordingly:
4.8.1. Council skills, methods, and supports will be sufficient to ensure governing with
excellence.
4.8.1.1. Opportunities for training will be used to orient new members and
candidates for membership, as well as to maintain and increase existing
member skills and understandings.
4.8.1.2. Outside monitoring assistance may be arranged so that the Council can
exercise confident control over organizational performance. This includes, but is
not limited to, financial audits.
4.8.1.3. Outreach mechanisms will be used as needed to ensure the Council's
ability to listen to owner viewpoints and values.
4.8.2. Costs will be prudently incurred, though not at the expense of endangering the
development and maintenance of superior capability.
4.8.2.1. Up to $7,000 in fiscal year 2009 for council training including
attendance at conferences and workshops.
4.8.2.2. Up to $5,000 in fiscal year 2009 for community input such as surveys,
focus groups, opinion analyses and meeting costs.
4.8.3. The Council will establish its initial cost of governance budget for the next fiscal
year during the month of February. Budget will be finalized in December.
Ioc�)
0
E
0
POLICY TYPE
POLICY TITLE
ENDS
TEMPORARY ENDS STATEMENT
Until Ends policies are developed, the ends of the organization will remain as previously
stated explicitly by the board, or as found implicitly in previously adopted board
documents.
Date of Adoption
Affirmation of official board action adopting this policy'
I occ�
0
Ordinance No. 08 -0517
Publication No.
AN ORDINANCE AMENDING SECTION 30.189 "REGULAR MEETING ORDER OF
BUSINESS" TO INCLUDE GOVERNANCE SECTION
SEC. 30.18 COUNCIL PROCEDURE AT REGULAR MEETING. The City
Administrator shall prepare the following items: (1) an agenda for the forthcoming meeting; (2)
a copy of all minutes to be considered; (3) copies of such other proposals, communications, or
other documents as the City Administrator deems necessary or proper for advance consideration
by the Council; (4) a compiled list of all claimants who have filed verified accounts claiming
payment for goods or services rendered the City during the preceding month, such list to be
called the "Claim Report" and bearing headings "Claimant ", "Purpose ", and "Amount "; and, (5)
miscellaneous communications from the City Administrator on administrative activities of the
preceding month. The City Administrator shall forthwith cause to be mailed or delivered to each
member of the Council copies of all said documents. Roberts' Rules of Order (Newly Revised)
shall govern all Council meetings as to procedural matters not set forth in the Charter or City
Code. The order of business at regular meetings shall be as follows:
l . Call to Order.
2. Invocation.
3. Pledge of Allegiance.
4. Public Comments
5. Minutes
6. Consent Agenda.
7. Public Hearings.
8. Communications, Requests and Petitions.
9. Unfinished Business.
10. New Business.
11, Governance
0 12. Miscellaneous
OW)
0
13. Adjournment.
Matters inappropriate for consideration at a meeting, or not in the order specified, shall not be
considered except (1) with the unanimous consent of the members of the Council, or (2)
scheduled public hearings or bid lettings at the time stated in the notice.
Adopted by the City Council this 12`h day of November, 2008.
Attest:
Gary D. Plotz, City Administrator
J
J
Steven W. Cook, Mayor
iocdj
AGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
DATE
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION -
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
6. CONSENT AGENDA (Purpose: only for items requiring board approval by external entities that would
of erwise ave een a egated to the City Administrator. Traditionally, items are not discussed.)
7. PUBLIC HEARINGS— 6:00 P.M.
0
necessary to
9. UNFINISHED BUSINESS
(Purpose: to provide board with information
�e, not monitoring past.)
10. NEW BUSINESS
�11. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the
organized council and manage the logistics of the council.)
(a) MONITORING REPORTS
(b) POLICY DEVELOPMENT
(c) GOVERNANCE PROCESS
12. MISCELLANEOUS
13. ADJOURN
•
i o(d)
•
0
0
Marc A. Sehora, City Attorney
Office of the City Attorney to Hassan slot se
Hutchinson, MN 55350 -2522
320 - 587- 5151/Fm 320- 234-4201
TO: Mayor & City Council Members
CC: Gary D. Plotz, City Administrator
Candice Woods, Liquor Store Manager
FROM: Marc A. Sebora, City Attorney /� S
SUBJECT: Amended Liquor Store Plat and Declaration
DATE: October 23, 2008
The City -owned liquor store, the Liquor Hutch, as long as it has been in its current
location, has been owned under a condominium form of ownership as part of a common
interest community with Econo Foods, which is owned by Erickson's Diversified, a
Wisconsin corporation. When the common interest community was formed, Declarations
were entered into between the City and Erickson's to spell out the boundaries of each
building unit and the requirements for maintaining common areas of the community — for
example, the parking lot, sidewalks, etc.
As you may recall, the City-owned liquor store, the Liquor Hutch, underwent a major
expansion in 2004 -2005. As part of the expansion, the store was built out to the street
right -of -way on the south side of the building and a new parking configuration was
constructed on the west side of the building. In addition, a loading dock and five
additional parking stalls were added on the southeast side of the building.
Because of the expansion, both the condominium plat and the Declarations must be
changed to reflect the current building boundaries, new loading dock and parking spaces
and the elimination of the parking on the south side of the old liquor store building.
Erickson's Diversified has prepared the documents and they have been approved by
Rebecca Bowers, the City Planning Director, and myself.
Approval of the Amended Common Interest Community Plat and the First Amendment to
the Declarations is recommended.
Printed on recycled paper —
,ocf)
0 0
COMMON INTEREST COMMUNITY NUMBER 5
A CONDOMINIUM
ERICKSON'S DOWNTOWN REDEVELOPMENT CONDOMINIUM
FIRST AMENDED COMMON INTERSEST COMMUNITY PLAT
E
I
dutDiW, Nl-. J
-------------------------
E
Z
I
Z
0
(Above Space Reserved For Recording Data)
COMMON INTEREST COMMUNITY NO. 5
Condominium
ERICKSON'S DOWNTOWN REDEVELOPMENT CONDOMINIUM
FIRST AMENDMENT TO DECLARATION
• This First Amendment to Declaration of Erickson's Downtown Redevelopment
Condominium (the "Amendment ") is made this day of
200_, by Erickson's Downtown Redevelopment Condominium Association, Inc., a Minnesota
nonprofit corporation (the "Association "), the City of Hutchinson, a Minnesota municipal
corporation (the "City "), and Erickson's Diversified Corporation, a Wisconsin corporation
( "Erickson's "), with the approval of the secured parties with respect to all Units, pursuant to the
authority contained in Sections 51513.2 -114, 51513.2 -118 and 51513.3 -112 of the Minnesota
Common Interest Ownership Act (the "Act ").
WHEREAS, the Declaration of Erickson's Downtown Redevelopment Condominium
(the "Condominium ") was recorded as Document No. 254124 in the office of the McLeod
County Recorder (the "Declaration "). All capitalized terms not otherwise defined in this
Amendment shall have the meaning assigned such terms in the Declaration; and
WHEREAS, the Condominium consists of two Units with the City owning one such
Unit (Unit 2) and Erickson's owning the other such Unit (Unit 1); and
WHEREAS, Section 51513.2 -118 of the Act authorizes amendments to a Declaration that
change the boundaries of units, change the allocated interests of the units, or convert common
elements to limited common elements and/or units, subject to the unanimous consent of the unit
owners; and
• WHEREAS, the Owners, with the approval of the secured parties with respect to all
Units, desire to change the boundaries of the Units; to change the allocated interests of the Units,
to convert portions of the Common Elements into part of Unit 2 and to convert portions of the
Common Elements into Limited Common Elements all as shown on the First Amended Common
MPLS -Word 192967.1 1 )0(+)
• Interest Community Plat (the "Amended Plat ") which has been prepared and will be recorded as
a part of this Amendment; and
WHEREAS, the foregoing changes will accommodate the expansion of Unit 2 to
incorporate that portion of Unit 1 legally described in Exhibit B attached hereto (the "Conveyed
Unit Area ") and that portion of the Common Elements legally described in Exhibit C attached
hereto (the "Converted Common Element Area "); and
WHEREAS, all Owners, and secured parties with respect to all Units, have approved this
Amendment, as required by Section 51513.2 -118 of the Act as evidenced by the Affidavit of
Secretary attached hereto.
NOW, THEREFORE, the Association and the Owners, with the approval of the secured
parties with respect to all Units, hereby enact and approve this Amendment, in accordance with
the requirements of the Declaration and the Act, for the purpose of changing the boundaries of
the Units; changing the allocated interest of the Units, converting portions of the Common
Elements into a part of Unit 2 and converting portions of the Common Elements into Limited
Common Elements all as shown on the Amended Plat; and hereby declare that the Units shall be
held, sold, and conveyed and occupied subject to the covenants, restrictions, easements, charges
and liens provided for in the Declaration as amended by this Amendment, all of which shall be
binding upon all persons having or hereafter acquiring any right, title or interest therein,
including their heirs, personal representatives, grantees, successors and assigns.
• 1. Chance of Unit Boundaries. The boundaries of Unit 1 and Unit 2 are hereby
changed such that Unit 2 shall incorporate the Conveyed Unit Area as shown on the Amended
Plat and Erickson's hereby conveys and quitclaims to the City the Conveyed Unit Area, in
accordance with Section 515B.2 -114 of the Act.
2. Conversion of Common Elements into Unit 2. The boundaries of Unit 2 are
hereby changed to incorporate the Converted Common Element Area as shown on the Amended
Plat and the Association hereby conveys and quitclaims to the City the Conveyed Common
Element Area in accordance with Section 51513.3 -114 of the Act.
3. Conversion of Common Elements to Limited Common Element. Those
portions of the Property previously identified as Common Elements on the Condominium Plat
and which are now designated as Limited Common Elements on the Amended Plat are hereby
converted to Limited Common Elements as shown on the Amended Plat. Said Limited Common
Elements shall be allocated to the Units as shown on the Amended Plat.
4. Reallocation of Common Element Interests Votes and Common Expense
Liabili The voting rights, Common Expense obligations and undivided interests in the
Common Elements shall be allocated among the Units based upon the area of each Unit relative
to the aggregate area of all Units, as set forth in percentages on Exhibit A attached hereto, and
Section 3.f. of the Declaration is hereby amended accordingly.
5. Applicability and Binding Effect. Except as specifically modified by this
• Amendment, the Declaration shall remain in full force and effect, and all the rights, benefits,
restrictions and obligations conferred by the Declaration, as amended, shall apply to all Units.
Unless otherwise specifically set forth in this Amendment, all words and terms used in this
Amendment shall have the same meaning as set forth in the Declaration.
MPLS -Ward 192967.1 2 r ` /
• IN WITNESS WHEREOF, the Association and the Owners, with the approval of the
secured parties with respect to all Units, have executed this instrument as of the dates set forth
below.
ERICKSON'S DOWNTOWN REDEVELOPMENT
CONDOMINIUM ASSOCIATION, INC.,
a Minnesota non - profit corporation
M
Title:
ERICKSON'S DIVERSIFIED CORPORATION
a Wisconsin corporation
C
Title:
• CITY OF HUTCHINSON,
a Minnesota municipal corporation
r�
By:_
Name:
Title:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on this day of
200_, by , the of
Erickson's Downtown Redevelopment Condominium Association, Inc., a Minnesota nonprofit
corporation, on behalf of said entity.
Notary Public
MPLS -Word 192967.1 3 1T3 f.\
0
•
•
STATE OF MINNESOTA )
) 99.
COUNTY OF )
The foregoing instrument was acknowledged before me on this day of
200_, by , the of
e
Erickson's Diversified Corporation, a Wisconsin corporation, on bhalf of said entity.
Notary Public
STATE OF MINNESOTA )
) 99.
COUNTY OF )
The foregoing instrument was acknowledged before me on this
200 —' by the
City of Hutchinson, a Minnesota municipal corporation, on behalf of said entity.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
FELHABER, LARSON, FENLON & VOGT, P.A. (MSR)
220 South Sixth Street, Suite 2200
Minneapolis, Minnesota 55402
(612) 339 -6321
MPLS -Word 192967.1
4
day of
of the
\Oc-o
0
•
COMMON INTEREST COMMUNITY NO.5
ERICKSON'S DOWNTOWN REDEVELOPMENT CONDOMINIUM
MPLS -Word 192967.1
EXHIBIT A TO FIRST AMENDMENT TO DECLARATION
SCHEDULE OF UNITS AND ALLOCATIONS OF
VOTES, COMMON EXPENSE OBLIGATIONS AND
UNDIVIDED INTERESTS IN COMMON ELEMENTS
Unit Number
Percentaee Allocation
73.25%
26.75%
TOTAL 100.00%
,Dc {)
• COMMON INTEREST COMMUNITY NO.5
ERICKSON'S DOWNTOWN REDEVELOPMENT CONDOMINIUM
EXHIBIT B TO FIRST AMENDMENT TO DECLARATION
LEGAL DESCRIPTION OF CONVEYED UNIT AREA
That part of UNIT NO. I of CONDOMINIUM NO. 5, ERICKSON'S DOWNTOWN
REDEVELOPMENT CONDOMINIUM, McLeod County, Minnesota, according to the recorded
plat thereof, described as follows:
Beginning at the northeast comer of UNIT NO. 2 of said CONDOMINIUM NO. 5; thence
easterly, parallel with the south line of said UNIT NO. 1 a distance of 20.00 feet; thence
southerly, parallel with the east line of said UNIT NO. 1 a distance of 5.25 feet; thence easterly,
parallel with said south line of UNIT NO. 1 a distance of 8.42 feet; thence southerly, parallel
with the said east line of UNIT NO. I a distance of 2.67 feet; thence easterly, parallel with the
said south line of UNIT NO. 1 to the east line of said UNIT NO. 1; thence southerly, along said
east line of UNIT NO. I a distance of 24.58 feet; thence westerly, parallel with said south line of
UNIT NO. I a distance of 36.50 feet; thence southerly, parallel with said east line of UNIT NO.
• 1 to the south line of said UNIT NO. l; thence westerly, along said south line of UNIT NO. 1 to
the southeast comer of said UNIT NO. 2; thence northerly, along the east line of said UNIT NO.
2 to the point of beginning.
is
MPLS -Word 192967.1 1 b(-
0
COMMON INTEREST COMMUNITY NO.5
ERICKSON'S DOWNTOWN REDEVELOPMENT CONDOMINIUM
EXHIBIT C TO FIRST AMENDMENT TO DECLARATION
LEGAL DESCRIPTION OF CONVERTED COMMON ELEMENT AREA
That part of the Common Elements of CONDOMINIUM NO. 5, ERICKSON'S DOWNTOWN
REDEVELOPMENT CONDOMINIUM, McLeod County, Minnesota, according to the recorded
plat thereof, described as follows:
Beginning at the southwest corner of UNIT NO. 2 of said CONDOMINIUM NO. 5; thence
northerly, along the west line of said UNIT NO. 2 a distance of 11.83 feet; thence westerly,
parallel with the south line of said UNIT NO. 2 a distance of 1.83 feet; thence southerly, parallel
with said west line of UNIT NO. 2 to the south line of said CONDOMINIUM NO. 5; thence
easterly, along said south line of CONDOMINIUM NO. 5 a distance of 112.50 feet; thence
northerly, parallel with said west line of UNIT NO. 2 to the south line of UNIT NO. 1 of said
CONDOMINIUM NO. 5; thence westerly, along the south line of said UNIT NO. I and along
• the south line of said UNIT NO. 2 to the point of beginning.
•
MRS -Word 192967.1 ) OI O
• COMMON INTEREST COMMUNITY NO. 5
ERICKSON'S DOWNTOWN REDEVELOPMENT CONDOMINIUM
AFFIDAVIT OF SECRETARY
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The undersigned, the Secretary of Erickson's Downtown Redevelopment Condominium
Association, Inc., a Minnesota nonprofit corporation, being first duly sworn on oath, hereby
swears and certifies that the First Amendment to Declaration attached hereto was duly approved
by the Association, by all Owners, and by the secured parties with respect to all Units as
described therein, all in compliance with the requirements of the Declaration and the Act.
• STATE OF MINNESOTA )
) SS.
COUNTY OF )
•
Secretary
Subscribed and sworn to before me this day of
by , the Secretary of Erickson's Downtown
Redevelopment Condominium Association, Inc., a Minnesota nonprofit corporation, on behalf of
said entity.
Notary Public
MPLS -Word 192967.1
1 �CO
E
•
0
COMMON INTEREST COMMUNITY NO.5
ERICKSON'S DOWNTOWN REDEVELOPMENT CONDOMINIUM
CONSENT OF SECURED PARTY
The undersigned (the "Secured Party ") is a mortgagee of portions of real property
described in the Declaration of Erickson's Downtown Redevelopment Condominium (the
"Declaration "). Secured Party hereby consents to and joins in the First Amendment to
Declaration to which this consent is attached (the "Amendment "); provided, that by consenting
to and joining in this Supplemental Declaration, the Secured Party does not in any manner
constitute itself or obligate itself as a Declarant as defined in the Declaration.
IN WITNESS WHEREOF, the Secured Party has caused this Consent and Joinder to be
executed on the day of 20
IN
STATE OF MINNESOTA )
Its:
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20, by
the of
a
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
FELHABER, LARSON, FENLON & VOGT, P.A. (MSR)
220 South Sixth Street, Suite 2200
Minneapolis, MN 55402
(612) 373 -8409
MRS -Word 192967,1
Iocf>