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cp08-24-2010 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 24, 2010 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Vineyard United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF AUGUST 10, 2010 Action — Motion to approve as presented 6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise ave een delegated to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 10 -0553 - AN ORDINANCE AUTHORIZING THE SALE OF CITY -OWNED PROPERTY LOCATED IN THE INDUSTRIAL PARK (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 10 -0554 - AN INTERIM ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE CONSTRUCTION OF FENCES ADJACENT TO TRAILS WITHIN THE CITY OF HUTCHINSON (SECOND READING AND ADOPTION) (b) PLANNING COMMISSION ITEMS\ CONSIDERATION OF A THREE -LOT PRELIMINARY PLAT OF CROWN ADDITION, COMPREHENSIVE PLAN AMENDMENT AND REZONING PROPERTY FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) AND MXD (MIXED USE DISTRICT) LOCATED NORTH OF GOLF COURSE ROAD REQUESTED BY RANDY ANDERSON, KIDS INC. WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13773 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10 -0555 FOR SEPTEMBER 14, 2010) 2. CONSIDERATION OF A PRELIMINARY AND FINAL PLAT OF ENERGY PARK NORTH SECOND ADDITION (A REPLAT OF ENERGY PARK NORTH)SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13774) 3. CONSIDERATION OF AMENDMENT TO EXISTING CONDITIONAL USE PERMIT TO SHOW PAVED DRIVEWAY FROM ACCESS ROAD TO RAMP BETWEEN THE RELOCATED LIFE LINK III BUILDING AND THE NEW HANGAR AT 1732 BUTLER FIELD DRVE SW, HUTCHINSON AIRPORT PROPERTY, WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13775) 4. CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 54— STORMWATER MANAGEMENT; SECTION 54.02, DEFINITIONS WITH FAVORABLE PLANNING CITYCOUNCIL AGENDA — AUGUST 24, 2010 COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10 -0556 FOR SEPTEMBER 14, 2010) 5. CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 152— SHORELAND MANAGEMENT; SECTION 152.007, DEFINITIONS; SECTION 152.041, STORMWATER MANAGEMENT; SECTION 152.108, VARIANCES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 100557 FOR SEPTEMBER 14, 20 10) 6. CONSIDERATION OF SITE PLAN REVIEW OF A PROPOSAL BY CHIPS HOLDINGS, LLC FOR A 4920 SQUARE FOOT DISTRIBUTION FACILITY ON A LOT IN ENERGY PARK NORTH SECOND ADDITION WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13776) (c) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO.6 - LETTING NO. 1, PROJECT NO. 09 -01 (ENERGY PARK IMPROVEMENTS PHASE 1) (d) CONSIDERATION FOR APPROVAL OF ELECTION JUDGE WAGE INCREASE (e) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE TO ST. ANASTASIA CATHOLIC CHURCH (f) CONSIDERATION FOR APPROVAL OF DONATION OF $2000 TO HUTCHINSON FIRE DEPARTMENT FROM MARGARET ABBOTT (g) APPOINTMENT /REAPPOINTMENT TO HRA BOARD - REAPPOINTJOEL KRAFT TO AUGUST 2015 - APPOINT LOUANN HOLMQUIST TO AUGUST 2012 (FILLING UNEXPIRED TERM OF RUTH KIMBALL) (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. (a) PROPOSED GRANTING OF A ONE YEAR EXTENSION FOR CUSTOMER ELATION TO ACHIEVE JOB CREATION GOALS Action — Motion to reject — Motion to approve 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t verse po icy. ways oo ing towar I e ture, not monitoring past) (a) UPDATE ON CURRENT 2010 YEAR -TO -DATE NUMBERS FROM A BUDGET STANDPOINT — JEREMY CARTER Action - 9. UNFINISHED BUSINESS 10. NEW BUSINESS 2 CITY COUNCIL AGENDA — AUGUST 24, 2010 (a) CONSIDERATION FOR APPROVAL OF REVIEW AND ACCEPTANCE OF 2009 FINANCIAL REPORT Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF ENERGY CONSERVATION GRANTS AND ASSOCIATED PERFORMANCE CONTRACTING Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF CIVIL AIR PATROL WATER TOWER LEASE AGREEMENT Action — Motion to reject — Motion to approve (d) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 10 -0558 - AN ORDINANCE REVISING SECTION 112.088 — HOURS AND DAYS OF LIQUOR SALES (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 14, 2010) Action — Motion to reject — Motion to approve (e) CONSIDERATION FOR APPROVAL TO FORMALLY ADOPT A CITY OF HUTCHINSON INVESTMENT POLICY Action — Motion to reject — Motion to approve (f) CONSIDERATION FOR APPROVAL OF ACQUISITION OF TRUNK HWY 7 /TRUNK HWY 15 PROPERTIES NORTH, 4 0 MAIN STREET SNWTH, 2 6 4� AVENUE WS 2644`% AVENUE NW 9 4 AVENUE NE, 11 4TH AVENUE NE, 13 4 AVENUE NE, 15 4TH AVENUE NE, 17 4TH AVENUE NE, 25 4TH AVENUE NE, 35 4TH AVENUE NE, 45 4TH AVENUE NE & 426 PROSPECT STREET NE) Action — Motion to reject — Motion to approve 11. GOVERNANCE (Purpose: toassesspastorganizationalperformance, developpol icythaiguides the organization and Council an manage the logistics of the Council. May include monitoring reports, poli.cy development and governance process items.) (a) CHARTER COMMISSION MINUTES FROM JUNE 14, 2010, AND JUNE 28, 2010 (b) PLANNING COMMISSION MINUTES FROM JULY 20, 2010 (c) CITY OF HUTCHINSON FINANCIAL REPORT FOR JULY 2010 (d) CITY OF HUTCHINSON INVESTMENT REPORT FOR JULY 2010 12. MISCELLANEOUS 13. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 10, 2010 1. CALL TO ORDER — 4:00 P.M. 2. Mayor Steve Cook c e t e meeting to order. Members present were Bill Arndt, Jim Haugen, and Eric Yost. Member absent was Chad Czmowski. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney. 3. INVOCATION — Pastor Kaye, Vineyard United Methodist Church, delivered the invocation. 4. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Gail Plaisance, Squeaky's Bar & Grill, presented before the Council. Mr. Plaisance presented before the Council requesting that the Sunday liquor hours of sales be reconsidered to go back to 10:00 a.m. as it once was. Marc Sebora, City Attorney, provided feedback on the request. This request would take an ordinance change. Motion by Arndt, second by Haugen, to approve drafting an ordinance to revert Sunday liquor sales to begin at 10:00 a.m. Motion canted unanimously. 5. MINUTES (a) REGULAR MEETING OF JULY 27, 2010 Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise ave een a egate to t e City Administrator. Traditionally, items are not disassed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13770 — A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED GRANTING OF A ONE YEAR EXTENSION FOR CUSTOMER ELATION TO I:C4rII &I / : 6 IoIZ41 IMIIMzK6197AW 2. ORDINANCE NO. 10 -0552 — AN ORDINANCE REZONING PROPERTY FROM C -1 (NEIGHBORHOOD CONVENIENCE COMMERCIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) AT 502 HARRINGTON STREET SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICINSE TO DEAN MAJOR TO OPERATE A SWEET CORN STAND ON 1200 HWY 15 SOUTH (c) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 1 - LETTING NO. 2, PROJECT NO. 09 -02 (SHERWOOD STREET SE EXTENSION) (d) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO HUTCHINSONHIGH SCHOOL STUDENT COUNCIL ON OCTOBER 1, 2010 (e) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO HUTCHINSON HOCKEY ASSOCIATION ON OCTOBER 9, 2010, AT HUTCHINSON CIVIC ARENA CITY COUNCIL MINUTES — A UGUST 10, 2010 (f) CONSIDERATION FOR APPROVAL OF 36' ANNUAL ARTS & CRAFTS FESTIVAL TO BE HELD SEPTEMBER 17-18,2010, IN LIBRARY SQUARE AND SURROUNDING STREETS (g) CONSIDERATION FOR APPROVAL OF SELLING 50 FOOT STACKING CONVEYOR AT CREEKSIDE (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(c) and 6(g) were pulled for separate discussion. Motion by Arndt, second by Yost, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(c) had further discussion. Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the senior housing project is still looking at securing their funding. This affects the Sherwood Street extension in that the project completion date needs to be modified. The revised final completion date for this project will be amended to August 1, 2011. An interim completion date (all utility and roadway granular base) will be set for December 1, 2010. This action results in no increase to the contract payment amount. Motion by Arndt, second by Yost, to approve Item 6(c). Motion carried unanimously. Item 6(g) had further discussion. Gary Plotz, City Administrator, noted that there are a couple of options to choose from to pay for the remaining balance of the proposed purchase of a new used conveyor at Creekside. The first option would be to rent the conveyor until January 1, 2011, for $2500 per month with all rent applying towards the purchase. Or the $7500 could be utilized from the 2010 budget. Creekside will be selling their current conveyor to an outside vendor. Motion by Arndt, second by Haugen, to approve Item 6(g). Motion carried unanimously. 7. PUBLIC HEARINGS — 6:00 P.M. -NONE 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. A ways oo ing toward theruture, notmonitaring past) (a) CONSIDERATION FOR DIRECTION TO STAFF FOR THE PROPOSED COMPLETION OF A JOB EVALUATION /COMPENSATION PLAN STUDY FOR REGULAR CITY POSITIONS FOR 2010 Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that the last full job evaluation/compensation plan study was completed in 2005. At that time, it was recommended to have such studies completed every three years. This project has been funded for in 2010, as it was deferred in 2008 and 2009. Ms. Ewing provided various options for the Council to consider. These include: (1) complete a comprehensive review of all positions requiring written job evaluation forms from all regular employees and a market study to determine proper City pay grade placement and appropriate compensation levels for each designated pay grade; (2) complete a general review of all positions and requiring ob evaluation forms only for those positions that management designates have significantly changed or are proposed to change due to the budget related reorganizations and a market study to determine proper pay grade and compensation level; (3) complete a general review of all positions, without completed job evaluation forms and a market study to determine proper pay grade and compensation level. Two options the Council can consider should they choose to move forward with this project are to either distribute a formal RFP outlining the requested services or allowing staff to contact consultants directly to negotiate the fee for the professional services that are required for the study. Currently, $20,000 is budgeted for the project. Mayor Cook asked that the market study portion of the project be considered separately so that the cost could be considered. He felt that the data gathered in this portion of the study is already accessible through public information databases. General discussion was held about the project itself and the necessity of it, as well as the components of it. Mayor Cook suggested including private entities in with the study. Council Member Arndt noted he was not in favor of moving 5 69_�) CITY COUNCIL MINUTES — A UG UST 10, 2010 forward with such a study in these hard economic times. Discussion was held how this study correlates to the restructuring that is currently being considered within the City. Motion by Yost, second by Haugen, to direct staff to obtain at least two quotes for Option 2 described above. Motion carried unanimously. 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF AMENDING WASTE MANAGEMENT CONTRACT Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the majority of the services with Waste Management will remain the same. However, it is Proposed that Waste Management will no longer be required to scan bar codes on carts to determine participation in organics collection, they will begin collections of organic materials from Hutchinson schools, they will increase their efforts to make organic material from its other service areas available to Creekside and the rates are associated with the Consumer Price Index, however there is a maximum increase of 4% per year and a minimum increase of 2% per year. The rates will be adjusted each October and April. Motion by Arndt, second by Cook, to approve amending Waste Management contract. Motion carried unanimously. (b) DISCUSSION OF MOSQUITO CONTROL EFFORTS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that there is one application left on this year's contract, which was a carry over from last year. High counts have been seen thus far, and if the same weather pattern remains, more applications may be necessary. Motion by Arndt, second by Haugen, to spray the next and last application August 23, 2010, if necessary, with no additional sprayings for the season. Roll call vote was taken: Haugen — aye; Arndt — aye; Cook — nay; Yost - nay. Motion failed 2 to 2. 10. NEW BUSINESS (a) AUTHORIZINTG THE FOR E OF CITY-OWNED OWNED P O ERTY LOCOATED N THE INDUSTRIAL PARK (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR A UGUST 24, 2010) Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that a warehouse project would like to come into the Industrial Park which will cover almost two acres on the east end of the Industrial Park. The proposal is to sell a piece of property for $58,579.89 which will go back into the community improvement fund. This operation will be similar to that of Pan -O -Gold. Motion by Arndt, second by Haugen, to approve first reading of Ordinance No. 10 -0553. Motion carried unanimously. Motion by Haugen, second by Cook, to set September 7, 2010, at 4:00 p.m. as a public meeting for the ribbon cutting ceremony for the recently completed Industrial Park expansion. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ORDNANCE NO. 10 -0554 - AN INTERIM ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE CONSTRUCTION OF FENCES ADJACENT TO TRAILS WITHIN THE CITY OF HUTCHNSON (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR AUGUST 24, 2010) Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that the proposed ordinance addresses the issue related to fences being constructed up to public trails. Mr. Jochum noted that perhaps the word "adjacent" should be revised to "abutting" as noted throughout the ordinance. Council Member Haugen suggested adding construction of landscaping, walls and similar structures as well. It was f) CITY COUNCIL MINUTES — A UGUST 10, 2010 then suggested to revise "abutting" to "within four feet ". Motion by Arndt, second by Yost, to approve first reading of Ordinance No. 10 -0554 with the revisions noted above. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOP FOR SEPTEMBER 14, 2010, TO REVIEW WATER/WASTEWATER RATE STUDY INFORMATION Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the consultant, Donohue & Associates, had been working on the City's water /wastewater rate study until it was suspended almost a year ago. The City would like to reinstate the study in order to prepare the water /wastewater budgets. Motion by Arndt, second by Haugen, to set City Council workshop for September 14, 2010, at 4:00 p.m. to review water /wastewater rate study information. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR TRUNK HWY 15 WATER MAIN LINING PROJECT Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that bids were opened on August 5, 2010, for the Trunk Hwy 15 water main lining project. Three bids were received on this project. Staff is recommending to reject all bids. The low bid came in approximately $150,000 higher than that which was estimated. There were various factors that influenced the bid amount and it is being considered to rebid this project late this year /early next year so that the project can begin early in the construction season next year versus late in the season as this year. Motion by Haugen, second by Yost, to reject all bids on the Trunk Hwy 15 Water Main Lining Project. Motion carried unanimously. 11. GOVERNANCE ( Purpose: toassesspastorganizationalperformance, developpolicy that guides the organization and Council an manage the logistics of the Council. May include monitoring reports, pollicy development and governance process items.) (a) FIRE DEPARTMENT MONTHLY REPORT FOR JULY 2010 (b) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JUNE 28, 2010 (c) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM APRIL 5, 2010 Council Member Yost asked about the tasks associated with the elimination of the Fire Inspector program. Gary Plotz, City Administrator, noted that not all programs will be eliminated with the reduction of the positron, but may be reduced. An update on all programs will be provided to the Council near the end of August. 12. MISCELLANEOUS Council Member Arndt — Council Member Arndt thanked all volunteers and city staff members for their work on various community activities. Council Member Yost — Council Member Yost noted that a resident had contacted him and voiced that their opinion was that the purchase of the church property near City Center was not appropriate at this time. Mayor Cook— Mayor Cook asked if fee information would be possible on the water bill to aid residents in understanding what they are paying for. Jeremy Carter, Finance Director, will get information on additional printing costs. Mayor Cook also noted that the McLeod County Assessor's Office will be holding fees flat for 2011. Mayor Cook mentioned that the Charter Commission minutes should be distributed at the next meeting. Mayor Cook spoke about the City having a Facebook page. He feels it would be a very useful communication tool. He asked if anyone would object to him maintaining a Facebook page on behalf of the City. He suggested posting notices about the leaf program, Fall /Spring pickup, events, local sales tax, etc. No objections were made. 4 ��\ CITY COUNCIL MINUTES — AUGUST 10, 2010 Motion by Yost, second by Cook, to approve Mayor Cook maintaining a Facebook page on behalf of the City of Hutchinson. Motion carried unanimously. Motion by Arndt, second by Yost, to set September 16, 2010, at 6:30 p.m. at the City Center to hold Town Hall Meeting to discuss local sales tax. Motion carried unanimously. 13. ADJOURN Motion by Arndt, second by Cook, to adjourn at 5:59 p.m. Motion carried unanimously. 5Lci-) ORDINANCE NO. 10 -0553 PUBLICATION NO, AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY THE CITY OF HUTCHINSON ORDAINS: Section 1. That the municipally owned real property legally described as follows: Lot 4, Block 2, Energy Park North Second Edition for good and valuable consideration is hereby transferred and conveyed to Chips Holding Company, LLC Section 2. The City Administrator, Gary D. Plotz, or his designee is authorized to sign any and all documents on behalf of the City to effectuate the closing of this transaction. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 24`s day of August, 2010. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator (,vb-)1 An Economic DeveJopment Authority MEMORANDUM Date: July 30, 2010 To: Honorable Mayor & City Council From: Miles R. Seppelt,_. EDA Director RE: Sale of Land in Industrial Park The Hutchinson EDA is seeking City Council authorization to sell about 1.95 acres of land on the east end of the new industrial park to a small company. Essentially this will be a small warehouse type operation. No EDA assistance is being provided. This project, while small, will generate some activity in the new industrial park and hopefully serve as a catalyst for additional development. The EDA has reviewed this project and is recommending approval. The details: Parcel: Lot 4, Block 2, Rearrangement of Energy Park North Size: 1.95266 acres Price: $58,579.89 To: Chips Holding Company, LLC Proceeds from the land sale would go back to the Community Improvement Fund. I will have a short presentation at the City Council meeting. In the meantime, if you have any questions or need additional information, please give me a call at 234 -4223. Thank you for your time and consideration. (' ) )i ORDINANCE NO. 10 -0554 AN INTERIM ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE CONSTRUCTION OF FENCES ADJACENT TO TRAILS WITHIN THE CITY OF HUTCHINSON WHEREAS, Minnesota Statute 462.355, Subd. 4, authorizes a municipality that is considering adopting or amending official controls to adopt an interim ordinance restricting the construction of fences, walls, landscaping, and other similar structures within four (4) feet of trails for an initial period not to exceed 6 months; and WHEREAS, the City of Hutchinson desires to conduct a study and develop an ordinance that regulates fences, walls, landscaping, and other similar structures within four (4) feet of trails; and WHEREAS, the City of Hutchinson finds it is in the best long term interest of the City to delay construction of fences, walls, landscaping, and other similar structures within four (4) feet of trails within the City of Hutchinson until the official controls are amended; and WHEREAS, the City of Hutchinson is desirous of adopting an interim ordinance as provided by Minnesota Statute 462.355, Subd. 4, for the purpose of protecting the planning process and the health, safety and welfare of its citizens during the preparation and consideration of official controls involving construction of fences , walls, landscaping, and other similar structures within four (4) feet of trails within the City of Hutchinson; NOW THEREFORE THE CITY OF HUTCHINSON DOES HEREBY ORDAIN THAT: The City of Hutchinson adopts an interim ordinance in accordance with Minnesota Statute 462.357 establishing a 6 -month moratorium on the construction of fences , walls, landscaping, and other similar structures within four (4) feet of trails within the City of Hutchinson under the following terms: a) The moratorium will apply to all property within the City of Hutchinson. b) The moratorium does not apply to fence or other approvals previously granted or in effect at the time of the adoption of this ordinance. c) This interim ordinance may be terminated or modified by motion of the City Council prior to its stated expiration date. Adopted by the City Council this 24th day of August, 2010. ATTEST: Mayor Steven W. Cook Gary D. Plotz, City Administrator (0 (-9,-) D` MEMORANDUM DATE: August 18, 2010 for the August 24, 2010 City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director Bonnie Baumetz, Planning Coordinator SUBJECT: CONSIDERATION OF A 3 LOT PRELIMINARY PLAT OF CROWN ADDITION, COMPREHENSIVE PLAN AMENDMENT AND REZONING PROPERTY FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) AND MXD (MIXED USE DISTRICT) LOCATED NORTH OF GOLF COURSE ROAD REQUESTED BY RANDY ANDERSON, KIDS INC. APPLICANT: Randy and Mary Anderson, Kids Inc., property owners Background: The property owner is requesting a comprehensive plan amendment, preliminary plat and rezoning of 38.8 acres located at 525 Golf Course Road for development of Kids Inc. This facility will be a children's day care facility with therapy and other related services available on site for persons not attending day care at Kids Inc. The property owner is requesting a Comprehensive Plan amendment, as well as rezoning the property from R -1 (Single Family Residential) to R -2 (Medium Density Residential) and MXD (Mixed Use District) to accommodate the uses proposed. The preliminary plat will consist of two (2) lots and an outlot. The day care facility will require a conditional use permit in the MXD district and the MXD district will accommodate the other professional services available. The final plat, conditional use permit and site plan review will be on the agenda at a later date. Additional information is contained in the attached staff report and attachments Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their August 17"' meeting. There were no neighboring property owners present. After briefly discussing the request, the Commission unanimously recommended approval with staff recommendations. Recommendation: The Planning Commission recommended approval of the request with the findings and conditions in the attached resolution. co (�) RESOLUTION NO. 13773 RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT, PRELIMINARY PLAT OF CROWN ADDITION, AND REZONING TO R -2 (MEDIUM DENSITY RESIDENTIAL) AND MXD (MIXED USE DISTRICT) LOCATED NORTH OF GOLF COURSE ROAD, REQUESTED BY RANDY ANDERSON. Whereas, Randy Anderson, property owner, has requested approval of a Comprehensive Plan Amendment, preliminary plat of Crown Addition, and Rezoning of 24.4 acres to R -2 (Medium Density Residential) and 10.82 acres to MXD (Mixed Use District with the following legal description: Legal Description: The Southeast Quarter of the Northeast Quarter (SE' /4 NEY.) of Section Thirty-six (36), Township One Hundred Seventeen (117) North of Range (30) West, McLeod County, Minnesota, except the following described tract: Beginning at the Southwest corner of the SE' /4 of the NE' /4 of said Section 36; running thence North 28 rods to the center of the Hutchinson and Litchfield Wagon Road as now located; thence in a southeasterly direction along the center of the Hutchinson and Litchfield Wagon Road 48 rods to the intersection of said highway with the south boundary line of said SEY4 of NE' /4 of said Section 36; running thence West along the South boundary line of 46 rods to the place of beginning. Also that part of the of the Northeast Quarter of the Southeast Quarter (NE' /4 SE' /4) of Section 36, Township 117 North of Range 30 West, McLeod County, Minnesota, which lies on the north side of the Hutchinson and Litchfield Public Road as the same is now located, more particularly described as follows: Beginning at the Northeast corner of the NE %4 of the SE' /4 of said Section 36; running thence South 22 rods; thence Northwesterly along the center of said road 44 rods to its intersection with the North line of said NE' /4 of the SE' /4 of said Section 36; thence East 34 rods to the place of beginning. Whereas, the Planning Commission met on August 17, 2010, and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the preliminary plat, Comprehensive Plan amendment and rezoning subject to the following findings and recommendations being met: 1. Revise the Comprehensive Plan designation on the staging plan from "Traditional Residential Neighborhood" to "Mixed Use Residential" for Block 2 Lot 1 of the Plat. 2. Future development of the site will require review and approval of a site plan by the Planning Commission and City Council. 3. Provide written response to the attached City Engineer's Memorandum dated August 10, 2010. 4. Name the streets in accordance with recommendation found in the Staff Report dated July 29, 2010. 5. The rezoning is consistent with the intent of the Comprehensive Plan and Zoning Ordinance. (note: subject to Comprehensive Plan Amendment also being approved) Adopted by the City Council this 24'" day of August, 2010. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor to CIO) � PUBLICATION NO. ORDINANCE NO. 10 -0555 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, TO REZONE PROPERTY AT 525 GOLF COURSE ROAD NW. FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) AND MXD (MIXED USE DISTRICT). 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 interest of the City to rezone the property from R- 1 (Single Family Residential) to R -2 (Medium Density Residential) and MXD (MIXED USE DISTRICT). a e sea " nJ" 9a6 Property proposed to be Replatted and Rezoned from R-1 to R -2 se 905 525 965 Property proposed ]% to be Replad from � and Remrxd from n Gym set RA to MXD ]63 GQ i 13 965 ]$ �A' 6W ]nl C 55 6m 25 6 f� Property proposed ]3 G,QiS ] gg CC to be ad 16 tom ]m em 5s5 and Retuned enned from 2e9 715 ]55 R� R -1 to R2 a E251 23f at 21� 54' 253 710 M 15 sm A.� d] W 0 Wd Y& 16 902 affi � d56 aW 615 fi10 2W 226 2II Section 2. That the property to be rezoned to R -2 (Medium Density Residential) is described as follows: Lot 1, Block 1, Crown Addition and Outlot A, Crown Addition That the property to be rezoned to MXD (Mixed Use District) is described as follows: Lot 1, Block 2, Crown Addition Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 14th day of September, 2010. ATTEST: Gary D. Plotz, City Administrator Steven W. Cook, Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: July 29, 2010, For August 17, 2010, Planning Commission Meeting Application: CONSIDERATION OF A 3 LOT PRELIMINARY PLAT OF CROWN ADDITION, COMPREHENSIVE PLAN AMENDMENT AND REZONING PROPERTY FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) AND MXD (MIXED USE DISTRICT) LOCATED NORTH OF GOLF COURSE ROAD REQUESTED BY RANDY ANDERSON, KIDS INC. Applicant: Randy Anderson, Crown Properties LLC COMPREHENSIVE PLAN AMENDMENT, PRELIMINARY PLAT AND REZONING: The property owner is requesting a comprehensive plan amendment, preliminary plat and rezoning of 38.8 acres located at 525 Golf Course Road for development of Kids Inc. This facility will be a children's day care facility with therapy and other related services available on site for persons not attending day care at Kids Inc. The property owner is requesting a Comprehensive Plan amendment, as well as rezoning the property from R -1 (Single Family Residential) to R -2 (Medium Density Residential) and MXD (Mixed Use District) to accommodate the uses proposed. The preliminary plat will consist of two (2) lots and an outlot. The day care facility will require a conditional use permit in the MXD district and the MXD district will accommodate the other professional services available. The final plat, conditional use permit and site plan review will be on the agenda at a later date. l,( V--,)' Preliminary Plat and Rezoning Crown Addition Planning Commission — 8-17 -10 Page 2 GENERAL INFORMATION Existing Zoning: R -1 (Single Family Residential Property Location: 525 Golf Course Rd N.W. Lot Size: 38.8 acres Existing Land Use: Vacant Adjacent Land Use: And Zoning: R -2 (Medium Density Residential) and R -3PD (Medium — High Density Residential Planned Development) Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: Currently Zoned R -1 Applicable Regulations: Section 153.36 and Section 154.168, City Code Analysis and Recommendations: Comprehensive Plan Amendment Crown Properties is also requesting a Comprehensive Plan amendment to allow for onsite professional services such as therapy or counseling to persons not necessarily attending the daycare. The Comprehensive Plan identifies the land use designation as Traditional Neighborhood Residential which allows 3 -5 residential units per acre. The requested change is to consider a change to Mixed Use (MXD) designation, which would allow professional services such as therapy or counseling. The subject property is identified below Level of City Discretion in Amending the Comprehensive Plan The City has a high level of discretion in approving amendments to the Comprehensive Plan. The land use guide plan and staging plans are major elements of the City's Comprehensive Plan. The plans are the long -range planning tools that indicate what type of development should occur on all land within the City and identifies future development and growth. The Council may guide property as it finds necessary to protect and promote the general health, safety and welfare of the community. Additionally, the Plan may be amended to reflect changes to development patterns and to meet City's goals. In this case, amending the plan would allow greater flexibility of use. (p Ct,) 1 Preliminary Plat and Rezoning Crown Addition Planning Commission — 8 -17 -10 Page 3 The Comprehensive Plan amendment is an important step in allowing the development to move forward. Rezoning and platting must be consistent with the City's Comprehensive Plan. Comprehensive Plan Maps The Comprehensive Plan guides this property as Traditional Neighborhood Residential and the Staging Plan indicates development between 2000 and 2010. Analysis: In reviewing Comprehensive Plan amendments, the City should consider the broader impact on community needs and systems, such as the transportation system, the sewer and water system, water quality, community needs, parks, land supply and demand, and the fiscal impact on the City. Staff is supportive of the requested amendment and finds that the proposed use would be compatible with community infrastructure and systems. Utilities are adjacent to the site and would be adequate for the proposed uses. The transportation system would be adequate for the proposed uses. Additional review will be needed on the layout of the roadways internal to the potential developments and the connections to the public streets and trails. Preliminary Plat Lot Arrangement: The proposed Crown Addition preliminary plat contains two (2) blocks and an outlot. Each block contains one (1) lot. The size of Block 1, Lot 1 is 4.21 acres and the size of Block 2, Lot 1 is 10.82 acres, and Outlot is 20.19 acres. A site plan review by the Planning Commission and City Council will be required before the building permit will be issued for future construction on the site. Streets and Access: The proposed development will have access off of Montana St. NW, as well as off of Minnesota St. NW. Neither of these roads are currently constructed and will have to be built to provide access. Lot 1, Block 1 could be accessed off of Golf Course Rd. NW or the future Montana St. NW extension. Please see the attached marked up maps for the future street names. Minnesota St. NW will continue to the north into this site. In addition, the east/west road to the north of Minnesota St. NW should be named 90' Avenue, NW. The road that goes north where the Minnesota St. NW extension bends to the east should be named Massachusetts St. NW and the Cul -de -sac south and west of Massachusetts St. NW should be called Massachusetts Ct. NW. (See attached map). Stormwater Management, Utilities, and Easements The preliminary grading and stormwater management plans have been reviewed by the City Engineer and revisions are being made as required. (Please see attached Memo). Minor revisions will be made prior to construction with final approval subject to the City Engineer. Rezoning Crown Properties is requesting rezoning of 38.8 acres located at 525 Golf Course Rd. NW for development of a Kids Inc. Daycare facility, as well as professional services, such as therapy and 6 007 Preliminary Plat and Rezoning Crown Addition Planning Commission — 8 -17 -10 Page 4 counseling in the same building. Currently the property is zoned R -1. The applicant proposes rezoning the property into two categories: R -2 and Mixed Use (MXD). Block 1, Lot 1 and Outlot A are proposed to be rezoned to R -2, while Block 2, Lot 1 is proposed to be rezoned to Mixed Use (MXD). Please see attached map for the exact locations of the rezoning request. Rezoning the property to Mixed Use (MXD) would comply with the proposed comprehensive plan amendment. In considering the rezoning request, the Planning Commission should consider the purpose of the Zoning Ordinance and the Comprehensive Plan. The property is proposed to be guided for Mixed Use in the Comprehensive Plan. The purpose of the Mixed Use (MXD) district is to: "provide areas that allow a mix of compatible uses, such as commercial, retail, office, and entertainment, with residential uses in locations with nearby amenities for pedestrians. Mixed use areas shall be in conformance with the city's Comprehensive Plan and reserved for properties that have safe access for pedestrians to sidewalks, trails, parks and natural resources and are free from objectionable uses or hazards to pedestrians. This district does not allow any uses that conflict with residential uses, such as industrial, warehousing, storage, or uses with heavy truck traffic or outdoor storage ". Staff reviewed the rezoning request at the Planning staff meeting on July 26, 2010 and recommended rezoning the property from R -I to R -2 and MXD as noted on the attached map if the Comprehensive Plan amendment is approved as well. Recommendation Staff recommends approval of the Comprehensive Plan amendment, preliminary plat, and rezoning with the following findings and recommendations. 1. Revise the Comprehensive Plan designation on the staging plan from "Traditional Residential Neighborhood" to "Mixed Use Residential" for Block 2 Lot 1 of the Plat. 2. Future development of the site will require review and approval of a site plan by the Planning Commission and City Council. 3. Provide written response to the attached City Engineer's Memorandum dated August 10, 2010. 4. Name the streets in accordance with attached map and names listed above in the Preliminary Plat section. 5. The rezoning is consistent with the intent of the Comprehensive Plan and Zoning Ordinance. (note: subject to Comprehensive Plan Amendment also being approved Preliminary Plat and Rezoning Crown Addition Planning Commission — 8 -17 -10 Page 5 ATTACHMENT TO: Planning/Zoning/Building Department FROM: Kent Exner, City Engineer RE: KIDS, Inc. Plan Review DATE:August 10, 2010 Per my review of the KIDS, Inc. Preliminary Grading Plan and Preliminary Utility Layout dated July 20, 2010, I have the following comments, questions and/or requested revisions: Roadway Grading/Configuration 1. Show location of proposed driveway opening beyond north end of Montana St. roundabout taper /painted median. 2. Show al0' -wide trail along the westerly side of Montana St. up to northerly limits of the plat. 3. Maintain minimum longitudinal street grades of 0.50 %. Drainage & Storm Sewer 1. Provide verification of wetland delineation approval and the acceptance of a wetland mitigation plan. 2. Identify wetlands being protected and proposed mitigation areas. 3. Verify that wooded/brush area within the extreme southwesterly corner of the plat is not considered to be a wetland and that routing of a storm sewer through that area can be accomplished. 4. Relocate STMH and install catch basins immediately north of proposed access points (westerly and easterly sides) along Montana St. due to long curb drainage length. 5. Configure Montana St. storm sewer to accommodate the proposed first construction stage (temporary outlet pipe may be feasible). 6. Utilize reinforced concrete pipe for all facilities within City right -of -ways. 7. Dedicate sufficient Drainage & Utility Easement area to accommodate a 10' -wide maintenance bench/access around all ponds (above grade break). (' Preliminary Plat and Rezoning Crown Addition Planning Commission — 8 -17 -10 Page 6 8. Dedicate 20' -wide Drainage & Utility Easement along side yard storm sewer within northerly area of the plat. 9. Combine roadway storm sewer and pond connection into one inlet entering the westerly pond. 10. Install catch basins at the north end of Montana St. at the northerly plat limits. 11. Clarify the statement within the Storm Water Management Plan of `The amount of bounce in the pond was restricted to prevent the inundation of the proposed roadways'. 12. Ensure that 1.5' of freeboard protection is provided for all structures and roadways adjacent to the proposed ponds. Thus, confirm that the west pond is appropriately sized and graded to protect Golf Course Road (nearby street low point CB top -of- casting elevations of 1073.67. Water & Sanitary Sewer Utilities 1. State that existing watermains are being connected to at the Montana St. and Minnesota St. intersections. 2. Proposed SAMH immediately north of the roundabout appears to have an incorrect invert elevation. 3. Relocate middle fire hydrant along Montana St. to proposed access location and adjust hydrants to the north along Montana St. accordingly to achieve 400' maximum spacing (potentially add a hydrant at the side street intersection). 4. Note that the water main installations will be PVC pipe. 5. Extend 8" watermain to the north limits of the plat within Montana St. 6. Extend the 12" watermain and 18" sanitary sewer to the north limits of the plat with Minnesota St. and note their respective sizes at that location. Also, stat the proposed sanitary sewer stub invert elevation in this location. If there are any questions or concerns regarding the above information, please let me know. ¢s L I ^� I I IawwuKl6Kie m 66ypR6, uc IWiprb W IM(An.p 6(IISM I RaIOI UlY WM1i.0 Mn ®O fI0[ I • 651b IMp�yl W (Nn I S Fqs T CROWN ADDITION HroiVED AUG 1 7 i,10 PRELIMINARY PLAT pb r�i w6iSw���� 1a 6(scvm6ox y.mra n e.a� 0,pL W P. z wN�m.+.1v/ r wtl SWe, Oue6n "" m ua�Segwn M f, Y�Y"w. rw+Y wq M1Y MY,w LuN bvm! G ,v N r q e�0^^M wi pn G w v,w„ PWr,�i�e q w SaNNn, 0v,� a sv,tim M. ,wr+no i,! wv^�ix.6m I4Y.y IOW(, =. w e m. .men wnbwh M,nwa p� w NvIMr, OreMr dwi,.ve Seu,�ru Ou"n m m Sva,w %�rmnN 5vi1wyiww w W w W a W,ua..y� W 4nM J u0 SeM M: Neav IW N nY u w Wv a bymry. 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AI+FA - xB.M.1ur r ax[swr Zaxwa rmuuluxr PPOP65m zawlle zr-1 swu rwax Iexaa omncr w -x Imu oomnr r®o0nr �r • r.ur.eremwnrmn, b.r.l�wJ�lrs - 14w1 feme�w Fe - 4aw spse fea C !J WiiewM- bnYnw WY -Alga ..,� II IO lw wri.) (r rr mre.1 II vsnr -ImM �> ' YMUnN W4'IeOrM WnSb 3 YWII®111r 90YRirY�l YIIUYY MfPq AleeOw ltlWlY NLNC 9Ew imr -xO M1a , -PM .r.w w.- re. -err r fAbl YA ti .. (Trfzlo WMY«M rYwre , 3 fGl sE r . -1 T I'. ro - -11 Fgsr y� f t ❑ a x im rm u.0 r. r..r M+rw ia. toc( II �y.miaww. YWII®111r 90YRirY�l T r.�yati�� ar -roar _rti ym- ,�j„&= M -•~_� or fAbl YA WMY«M rYwre , 3 fGl 7 720 I lil 940 Property proposed to be Replatted and Rezoned from R -1 to R-2 905 525 Property proposed 795 to be Replatted and Rezoned from 9 m R -1 to MXD CO�9fb 630 (h. (62 620 Vt731 610 755 rffi 75 750 Property proposed to be Replatted end Rezoned from 5 �Q R-1 to R -2 259 525 ^, 505 -Y /w. ms des fi15 fi10 n F19 249 222 � 220 211 CV) 1 MEMORANDUM DATE: August 18, 2010 for the August 24, 2010 City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director Bonnie Baumetz, Planning Coordinator SUBJECT: CONSIDERATION OF A PRELIMINARY AND FINAL PLAT OF ENERGY PARK NORTH SECOND ADDITION (A REPLAT OF ENERGY PARK NORTH) SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT APPLICANT: Hutchinson EDA, property owner Background: The EDA is requesting a re -plat of Energy Park North. They have submitted a 7 lot plat with 4 outlots to be known as Energy Park North Second Addition. The purpose of the re -plat is to split one large lot into two smaller ones, with one of those being proposed for the CHIPS Holdings project. In addition, when the property was originally platted several lots encompassed portions of stormwater ponds. The re -plat includes the stormwater ponds as outlots rather than a portion of regular lots. Please refer to the two attached staff reports, one from March 11, 2009 which is for the original preliminary plat from this property and the other from May 12, 2009 for the final plat. The information in these reports is helpful to understand the previous platting. Additional information is contained in the attached staff report and attachments. Planning Commission Meetin The Planning Commission held a public hearing and considered the request at their August 17`" meeting. There were no neighboring property owners present. After briefly discussing the request, the Commission unanimously recommended approval with staff recommendations adding 4 previous recommendations to the resolution. Recommendation: The Planning Commission recommended approval of the request with the findings and conditions in the attached resolution. C, Df�)a. RESOLUTION NO. 13774 RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT OF ENERGY PARK NORTH SECOND ADDITION LOCATED AT THE EAST END OF INDUSTRIAL BLVD., SOUTH OF LUCE LINE TRAIL, AND NORTH OF WARRIOR MANUFACTURING Whereas, the Hutchinson Economic Development Authority, property owner, has submitted a preliminary and final plat of Energy Park North Second Addition with the following legal description: Legal Description: Lot 1, Block 1; Lot 1, Lot 2 and Lot 3, Block 2 and Lot 2 and Lot 3, Block 3 all in Energy Park North, according to the recorded plat thereof. Whereas, the Planning Commission considered the request at their August 17, 2010, meeting and considered the requirements of the Subdivision and Zoning Ordinances, and the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the final plat, subject to the following findings and conditions: 1. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. 2. A turnaround for emergency access shall be constructed at the end of the east -west road, Benjamin Avenue. The turnaround shall be maintained until the road is connected to 5" Avenue SE. 3. No access will be allowed from the residential properties to the northwest to the subject property. 4. No road crossing shall be constructed over the Luce Line trail on the north side of the property. 5. Significant buffering is required on the Northwest comer of the development abutting residential properties. Adopted by the City Council this 24" day of August, 2010. ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor (,a (b 2, DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: July 29, 2010, for August 17, 2010, Planning Commission Meeting Application: CONSIDERATION OF A PRELIMINARY AND FINAL PLAT OF ENERGY PARK NORTH SECOND ADDITION (A REPLAT OF ENERGY PARK NORTH) SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT Applicant: Hutchinson Economic Development Authority, property owner PRELIMINARY AND FINAL PLAT The EDA is requesting a re -plat of Energy Park North. They have submitted a 7 lot plat with 4 outlots to be known as Energy Park North Second Addition. Preliminary and Final Plat Energy Park North Second Addition Planning Commission— 8 -17 -10 Page 2 Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Analysis :1 D191 3'1_7:1a 1el Will Ciu EvIrce3,i I -1 (Light Industrial Park) Energy Park North Plat 1711 Vacant I -1 (Light Industrial Park), R -2 (Medium Family Residential) and GT (Gateway) Business Park R -1 when annexed per City Ordinance. Rezoned to I -1. Section 153.36 and Section 153.50, City Code The EDA is requesting a re -plat of Energy Park North. They have submitted a 7 lot plat with 4 outlots to be known as Energy Park North Second Addition. The purpose of the re -plat is to split one large lot into two smaller ones, with one of those being proposed for the CHIPS Holdings project. In addition, when the property was originally platted several lots encompassed portions of stormwater ponds. The re -plat includes the stormwater ponds as outlots rather than a portion of regular lots. Please refer to the two attached staff reports, one from March 11, 2009 which is for the original preliminary plat from this property and the other from May 12, 2009 for the final plat. The information in these reports is helpful to understand the previous platting. Recommendation Staff recommends approval of the preliminary and final plat with the following findings and conditions: Preliminary and Final Plat Energy Park North Second Addition Planning Commission— 5 -17 -10 Page 3 The findings and conditions from the original Energy Park North Preliminary and Final Plat carry forward and are attached the Energy Park North Second Addition Preliminary and Final Plat. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. 2. DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Melissa Reich], Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: March 11, 2009, for March 17, 2009, Planning Commission Meeting Application: PRELIMINARY PLAT OF ENERGY PARK NORTH AND A REZONING FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO I -1 (LIGHT INDUSTRIAL PARK), FOR THE HACKBARTH PROPERTY, LOCATED AT THE EAST END OF INDUSTRIAL BLVD., SOUTH OF LUCE LINE TRAIL AND NORTH OF WARRIOR MANUFACTURING Applicant: Hutchinson EDA and Marvin Hackbarth REZONING AND PRELIMINARY PLAT The Hutchinson EDA and the Hackbarths are requesting a rezoning and preliminary plat for development of an industrial park. The annexation was approved by the City Council on March 10`h and is scheduled to be approved for annexation by the Municipal Boundary Adjustments on March 19`h. Annexed property is automatically zoned R -1, per the Zoning Ordinance, until a rezoning is approved. A rezoning from R -1 to I -1 (Light Industrial Park) is required to plat and develop the property as an industrial park. The proposed preliminary plat of Energy Park North is for 8 lots to be developed on a new public road with utilities extended from Industrial Blvd. Six of the lots range from 7 acres to 13.5 acres. There are also two smaller lots (1.72 and 3.09 acres) are planned to be incorporated into adjacent property because of issues with the gas line bisecting the lots (refer to plat section for details). (' L' -") Preliminary plat and Rezoning to 1 -1 Energy Park North - Hutchinson EDA Planning Commission 3/17/09 Page 2 GENERAL INFORMATION Existing Zoning: R -1 (Single Family Residential) upon annexation Property Location: North of Warrior Manufacturing and South of the Luce Line Trail Lot Size: 68 Acres Existing Land Use: Agriculture Adjacent Land Use And Zoning: The properties to the north are a mix of commerciallindustrial uses outside of city limits. Residential properties within city limit are to the northwest. The property is bordered by agricultural uses to the east and Industrial to the west and south. Comprehensive Land Use Plan: Industrial Zoning History_ The City Council approved the first reading of the ordinance for annexation at the February 24, 2009, meeting. The second reading of the ordinance is scheduled for March 10, 2009. Approval of the State Municipal Boundary Adjustments Board is scheduled for their meeting on March 19, 2009. Applicable Regulations: Section 154.168, City Code ANALYSIS: Rezoning A rezoning from R -1 to I -1 (Light Industrial Park) is required to plat and develop the property for an industrial park. 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 industrial use, which would be consistent with the proposed rezoning to I -1. Uses could include manufacturing, warehousing, assembly, and other businesses that provide goods and services, but not directly to the public. The purpose of the I -1 district is to: "create industrial areas that will be acceptable within the city and will not adversely affect adjacent business or residential neighborhoods. Industrial establishments should be either: 1. Those whose operations are relatively free from objectionable influences; or 2. Those whose objectionable features will be obviated by design or appropriated devices. " As the property to the northwest is residential, sensitivity to the neighbors should be accommodated in the development planning. Staff notes that there will be a need to provide a visual and sound buffer from the residential neighborhood on the northwest of the property to minimize land use conflicts between industrial uses and the homes Preliminary Plat Lot Arrangement: The proposed Energy Park North preliminary plat contains 8 lots. The plat includes 6 large lots ranging from 7 acres to 13.5 acres. Two other lots are smaller due to the location of the high pressure natural gas line which is a 50 -foot wide easement area. Lot 1, Block 1 is a 3.09 acre lot east of the Hutchinson l�� 1 Preliminary plat and Rezoning to t -t Energy Park North - Hutchinson EDA Planning Commission 3/17109 Page 3 Utilities property that is bisected by the gas line. As no building can be built over the gas line easement, development on this lot could be limited and may be better utilized by the adjacent properties. Outlot A is a 1.72 acre parcel between the gas line and Warrior Manufacturing's pond that is planned to be sold to Warrior Manufacturing and replatted into their property. The proposed lots would comply with the lot area, width, and depth standards in the I -1 district, with the exception of Outlot A, which will be replatted into the Warrior Manufacturing lot in separate action. Streets and Access: The proposed development has access to the property through the extension of Industrial Boulevard and a new road, Energy Park Drive, that will connect to 5`h Ave. S.E. along the west property line of Warrior Manufacturing. The proposed roadway design would be consistent with the transportation plan in the Comprehensive Plan, which identifies the extension of Industrial Blvd. and a fixture roadway looped to 5`h Avenue. The proposed Energy Park Drive connection to 5`h Avenue would be located half on the west side of Warrior Manufacturing's property and half on McLeod County's property, which is outside of city limits (refer to attached plans). This section of proposed Energy Park Drive is outside the boundaries of the plat. The right of way will need to be platted after annexation of the McLeod County's property, with the consent of the two adjacent property owners. The City has recently received a petition for annexation for the County property and is moving forward with the public notices required for annexation. Staff recommends several conditions regarding streets that have been added to the draft resolution. One revision is to identify the street name as Energy Park Drive W. on the final plat. After the property to the east is annexed, the easterly extension of Energy Park Drive should be named Energy Park Drive E. This would allow the two Energy Park Drive intersections on 5`h Avenue to be differentiated. A turnaround is also required to be constructed at the end of Energy Park Drive for emergency services access. The tumaround shall be maintained until extension of the Energy Park Drive E. is connected to 5h Avenue SE. Stormwater Management, Utilities, and Easements The preliminary grading and stormwater management plans have been reviewed by the City Engineer and revisions have been made as required. Minor revisions will be made prior to construction with final approval subject to the City Engineer. Soil borings are required as the project moves forward. Although the development is planned with a regional pond concept, additional ponding may be required upon individual sites as for higher coverage. Water and sewer would be extended to the property from Industrial Boulevard. There are overhead and underground electric lines along the west side of the subject property. The overhead transmission lines cannot be moved or relocated. The buried lines currently serve the existing industrial area and are able to serve the new Energy Park and future development to the east. There is a transmission line running east and west on the DNR State Trail property to the north. The trail, drainage, and utility easement along the easterly lot lines of the plat is the location planned for trunk sewer and water mains that would serve the Hwy 7 & 22 area in the future. Preliminary plat and Rezoning to 1-1 Energy Park North - Hutchinson EDA Planning Commission 3117/09 Page 4 Recommendation: Staff recommends approval of the rezoning to I -1 and preliminary plat with the following findings and conditions. i . Approval of the rezoning and preliminary plat is contingent upon approval of the annexation by the State of MN Office of Municipal Boundary Adjustments. 2. The rezoning to I -1 (Light Industrial Park) would be consistent with the Comprehensive Plan and the intent of the I -1 zoning district in the Zoning Ordinance. 3. A turnaround for emergency access shall be constructed at the end of Energy Park Drive. The turnaround shall be maintained until the road is connected to 5h Avenue SE. 4. Outlot A shall be replatted into adjacent property and shall not remain as a separate parcel. 5. The final plat shall identify the street name as Energy Park Drive W. The extension of the road to the east will be named Energy Park Drive E. 6. The street right of way for the extension of Energy Park Drive W. to 5`s Avenue shall be platted after annexation of the County property west of Warrior Manufacturing. 7. No access will be allowed from the residential properties to the northwest to the subject property. 8. No road crossing shall be constructed over the Luce Line trail on the north side of the property. 9. Soil borings shall be completed as the project moves forward to determine roadway section. 10. Final utility, grading, and stormwater management plans are subject to approval of the City Engineer. H. Significant buffering is required on the Northwest corner of the development abutting residential properties. 12. Revisions to the plat noted by McLeod County are required, including: a) the final plat shall be on one page or match line drawn if plat is on two pages. b) The East Half of the Northwest Quarter is now known as Lot 7, AP W % Sec 5- 116 -29 shall be noted as such in the underlying description. c) the owners names and signatures on the plat shall be as required by McLeod County. cc: Miles Seppelt, EDA John Rodeberg, SEH (or �� DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Melissa Reichl, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: May 12, 2009, for May 19, 2009, Planning Commission Meeting Application: FINAL PLAT OF ENERGY PARK NORTH LOCATED AT THE EAST END OF INDUSTRIAL BLVD., SOUTH OF LUCE LINE TRAIL, AND NORTH OF WARRIOR MANUFACTURING Applicant: Hutchinson Economic Development Authority FINAL PLAT The Hutchinson EDA is requesting approval of a final plat for development of an industrial park. The City has approved the annexation, the rezoning to I -1, and the preliminary plat. The proposed Energy Park North final plat is consistent with the approved preliminary plat and contains 8 lots. The City is developing the industrial park with the construction of infrastructure anticipated to begin in early summer. Final Plat — Energy Park North Hutchinson EDA Planning Commission — May 19, 2009 Page 2 GENERAL INFORMATION Existing Zoning: I -1 (Light Industrial) Property Location: North of Warrior Manufacturing and South of the Luce Line Trail Lot Size: 68 Acres Existing Land Use: Agriculture Adjacent Land Use And Zoning: The properties to the north are a mix of commercial /industrial uses outside of city limits. Residential properties within city limits are to the northwest. The property is bordered by agricultural uses to the east and Industrial to the west and south. Comprehensive Land Use Plan: Industrial Zoning History: The property was annexed on March 19, 2009. The preliminary plat was approved by the City Council on March 24, 2009, and the rezoning was approved on April 14, 2009. Applicable Regulations: Section 153.50, City Code Analysis and Recommendation: Final Plat The proposed Energy Park North final plat is consistent with the approved preliminary plat and contains 8 lots. 6 lots range from 7 acres to 13.5 acres. Two other lots are smaller due to the location of the high pressure natural gas line which is a 50 -foot wide easement area. Lot 1, Block 1 is a 3.09 acre lot east of the Hutchinson Utilities property that is bisected by the gas line. Outlot A is a 1.72 acre parcel between the gas line and Warrior Manufacturing's pond that is planned to be sold to Warrior Manufacturing and replatted into their property. The proposed lots would comply with the lot area, width, and depth standards in the I -1 district, with the exception of Outlot A, which will be replatted into the Warrior lot in separate action. Streets and Access The proposed development has access to the property through the extension of Industrial Boulevard to a new east/west road to be named Benjamin Avenue and a new north/south road, Hackbarth Street, which would connect to 5'h Ave. S.E. along the west property line of Warrior Manufacturing. The proposed roadway design would be consistent with the transportation plan in the Comprehensive Plan, which identifies a future roadway looped to 5`h Avenue. A turnaround is also required to be constructed at the end of Benjamin Avenue for emergency services access. The turnaround shall be maintained until extension of Benjamin Avenue is connected to 5`h Avenue SE. Final Plat — Energy Park North Hutchinson EDA Planning Commission — May 19, 2009 Page 3 The street names were approved by the City Council on March 24`h along with the preliminary plat. The proposed Hackbarth Street connection to 5`h Avenue would be located half on the west side of Warrior Manufacturing's property and half on McLeod County's property, which is in the process of being annexed into the City. The City has recently received the application for the platting of the road right of way to connect to 5`h Avenue S.E., which is scheduled for consideration at the June Planning Commission meeting. Stormwater Management, Utilities, and Easements The grading and stormwater management plans have been approved by the City Engineer and revisions have been made as required by the preliminary plat conditions. The soil borings have also been completed. Although the development is planned with a regional pond concept, additional ponding may be required upon individual sites as for higher coverage. Water and sewer will be extended to the property from Industrial Boulevard. The trail, drainage, and utility easement along the easterly lot lines of the plat is the location planned for trunk sewer and water mains that would serve the Hwy 7 & 22 area in the future. Recommendation: Staff recommends approval of the final plat with the following findings and conditions. 1. A turnaround for emergency access shall be constructed at the end of the east -west road, Benjamin Avenue. The turnaround shall be maintained until the road is connected to 5`h Avenue SE. 2. Outlot A shall be replatted into adjacent property and shall not remain as a separate parcel. 3. The street right of way for the extension of Hackbarth Street to 5`h Avenue shall be platted after annexation of the County property west of Warrior Manufacturing. 4. No access will be allowed from the residential properties to the northwest to the subject property. 5. No road crossing shall be constructed over the Luce Line trail on the north side of the property. 6. Utility, grading, and stormwater management plans are subject to approval of the City Engineer. 7. Significant buffering is required on the Northwest comer of the development abutting residential properties. Cc: Justin Black, SEH Miles Seppelt, EDA Director 76b�D _-1 INOUSTKB Lo a I51 D151KIT '_ ! �I LL PQO\ i I ...- � I ti o\ I I BLOCK 1 y I i ENERGY PARK NORTH SECOND ADDITION ENERGY PRELIMINARY PLAT Y PARK I ruKu Lit i k 1 BLOCK 1 Irla'IR sxul ' B owax/oflnOrLR On or KYICKr6lN my �Ma 11l M� SLM Y XJWw� SY, 611E0 Aa+4im asp -�tw awrtvvv:.w Ma PfllNFl11MN aMHWf NC INl6 Aptl CYb voews Iww+van vx ssxo n.. tam err -.rs FIFlN AVENUE NUTCHINSDN B rmmrt xawc - I , - LrNr NIa51RNL rYnl aeoNm, swows Pp11GM1 YYNL AlBIL13 aw.ww� xwW rccrssavr vwwa 5[lercxs aa�al LeY9 N�tis1-15 NX raNVa wa owuu,Iw ovNT sE�v�ns w 10 abaw -.sw NY%NUII BUYDYIG Np}If nap wv.a. - w w hww) Yww - ID hl BLOCK 1 4 LOT 1 J I BLOCK 4 I I FILTH AV NUE SE 1CILW LYNMIY MYJMIY RLMI C! YMY %A) NJ. Y) BLOCK Z PARK INOU5TOAL I s IvsavmK w z va r. a � o[IR rw roaK w..Fn b > �wwYa M wM. uvauv un vmLwovltls Wum ua xr - uSn+Y rt 1� wnl aaw. u ova - m v / J ITLL 40 Ml bw I 1 — I I dSW �F Sao JUL -� 7 fttol sf PZ ®I N � +b.b Yn�w•YIT r. » II I I v,u® wm wuvvrmc, v wm x.vu. o.°roN eezo V .J ENERGY PARK NORTH SECOND ADDITION wept PRELIMINARY PLAT *f R Z. & g �. -EOM 4L4 TAE - - - - -- -- ------------ -- ---- --- -- ------- „- .. �.> . r--- a T — _- ------------ i >— - -- --_ —_- - - -� � � <r —., p > i� liil OU T A III 2 III �.. III ° °q° II _ li 19ij amor bllj ENERGY ' IIII �1 ,`,m'], it ,o]> II ID.• �i ���a:, � BLOCK 2 III v t l \\ \ \\ Jill Ilil PARK IIII �I , \ \ J L----- -- - --- JIII - - -JI .__ — —. - - ---- JL —�.�— BENJAMIN AVENUE AV SE Np].�y >tq >...+ — i _ - - - -. F i LOT I .... II NORTH II j ii it Dry G BLOCK 3 Z .n.... -' / OURDT C t a T wr u 1 5 %n Ra>f [r Mr r qul.v3! I I INDUSTRIAL BWLEVIAD i � � •rr 7 wrw t>«t Y I ll— .yam -- -- -suns - - -- MATCH UM YrA ....rr....r rr ern.��.r. ruw iWDi9� WI] MO >/YIM0. OC xaM„u "�> mno • N,M1O K. Sul ENERGY PARK NORTH SECOND ADDITION [! wic«.wc, ENtRGY DrcHIN50N - - -- — — — — PARK BLOC __K3 y wrz« lNC ....w....®.� `• �` N —_ _ STRICT a BLOCK 1 0 _ _ —4 �1 _ n� x. wnrizs \�5 !j j FIFTH AvENDE i NORTH I` JAUe I��I e I ypi HUTCHINSON I; Oun.oEO ..�... o kV IE , BLOCK 4 ti Q`� BLOCK i Sy j p BLOCrc, mn ...m � RFTH AVENUE SE I BLOCK z PARK IpLISTRIAL I I a Xw. u 0.w 1..X 1, NI E cul a r iX L w Z a neas+rX..mixtlw.r w r.. w. s WLwWtlr_M �MrM aNERIYYM,Y,«YCgV/NIIFNr MY....s.wwwrmN YCYk .. Yw Y..m.e......es Cn, X Wmnnxn Yw.xN.. Yn.MO W.[W CWaM.n O,�h YM[,OiI. IpCm IY.xu...Yx.w 4M C. W r•. t ]pY,if R W,[0 1M M...np..ewm n.WwYNX MIw. Iw �M _bX �3m�.N .Cb lvum.tlW4]X xmWr.II�.....IRr. YMW Cp.w. ..w,ww. ra w.X wNe q.m. wXl ®..N lmw www,.ra . � ...X..e.w.«.n..anW....:. +e. rr..m.etls..rwnw...rrw.. ww. r rr nre a ws.m. "cwnr v E]a. M1. r.rx�w.r.rY. N1..Mw_bw m�N.mOnA b.e \w9uww. .IG—p CWnt— tG.v, —Ti&e. Twu —whin. W.uw N.�...n uy.. J.s, ]I.AIS •w�w.N..rl.rq Cw +.wXw.WXlw.w+w. w..w n. wlq l..utrw_enn .m_ w. 1 uxwwr..l...w w._bX m_.rn.r, n.wr awN...lm unw....nnuul wwu .raweisnwi.. MM p71m Y.L L .Il.,m. Nm � Cn Iwxtw. 4w, 4vb. WlN [Mry, Ymxw ..m N..r.,ua [..v r.... ENERGY PARK NORTH SECOND ADDITION 4ttH lNE p.rp 2� e N 1 ii I I II ;.---- I__2_____________ -. —. -- .— _ — — _----- - - - - -. _ ___________! O 0LffWT A I I I z I — G ? g1 II WLLOTa ENERGY yf - - -_.. _.. __i wte wrs Ji WT. I s� \ \\ BLOCK 2 II 11 1 Z { I \ 11 i PARK I 11 ) Ii BLOCK �p I I \ \ ` •..�, II \.- \` ' \ ) R l . BENJAMIN AVENUE SE Ns•�>•lat rast ._ — I a • I J t� 19 k NORTH TI DoT; Iy 2 j I BLOCK 3 L.- -- ---- - -- - -J ) Cmownn.r5ov s)9n"/ —� C T f 9 ecwvs.r Mr•62 WOUSTPoAi BWIEVNip € nr.rua .n. i 4 ------- .---- _-- _._— _ -7____ — 4ttH lNE p.rp 2� e N 1 ii I I II MEMORANDUM DATE: August 18, 2010 for the August 24, 2010 City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director Bonnie Baumetz, Planning Coordinator SUBJECT: CONSIDERATION OF AMENDMENT TO EXISTING CONDITIONAL USE PERMIT TO SHOW PAVED DRIVEWAY FROM ACCESS ROAD TO RAMP BETWEEN THE RELOCATED LIFE LINK III BUILDING AND THE NEW HANGER AT 1732 BUTLER FIELD DR. S.W., HUTCHINSON AIRPORT PROPERTY APPLICANT: City of Hutchinson, property owner Background: Public Works Manager, John Olson, submitted an amended conditional use permit application with a revised drawing indicating the location of a paved driveway from the access road to the ramp between the relocated Life Link III building and the new hangar. The pavement will be 24 feet wide. There will be 8.5 feet on each side of the pavement to the buildings. A conditional use permit was approved April 271° to relocate the Life Link Trailer. The reason the driveway is being moved is to accommodate the re- location of the Life Link Trailer which will be on top of the where the existing driveway is located. Additional information is contained in the attached staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their August 170 meeting. There were no neighboring property owners present. After briefly discussing the request, the Commission unanimously recommended approval with staff recommendations. Recommendation: The Planning Commission recommended approval of the request with the findings and conditions in the attached resolution. ub)--t� RESOLUTION NO. 13775 RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT TO HAVE A PAVED DRIVEWAY FROM ACCESS ROAD TO RAMP BETWEEN THE RELOCATED LIFE LINK III BUILDING AND THE NEW HANGAR AT 1732 BUTLER FIELD DR. S.W., HUTCHINSON AIRPORT PROPERTY Whereas, the City of Hutchinson, property owner, is requesting an amended conditional use permit to have a paved driveway from access road to ramp between the relocated Life Link III building and the new hangar at the Hutchinson Airport with the following legal description: Legal Description: Part of the Northeast Quarter (NE Y4 ) of Southeast Quarter (SE 1/4 ) of Section 13, Township 116 North, Range 30 West, McLeod County, Minnesota, and more particularly described as follows: Beginning at point on the North line of said Northeast Quarter (NE '/4 ) of Southeast Quarter (SE ''/4), and point being the intersection of the Westerly 75' foot right -of- way line of Minnesota State Trunk Highway No. 15 with said North line of Northeast Quarter (NE 1/4) of Southeast Quarter (SE '/4), thence Westerly along said North line of Northeast Quarter (NE '/4) of Southeast Quarter (SE '/4 ) a distance of 1259.80 feet; thence deflect left at an angle of 117 degrees 22 minutes a distance of 743.17 feet; thence deflect left at an angle of 62 degrees 38 minutes and along a line parallel with the North line of said Northeast Quarter (NE '/4 ) of Southeast Quarter (SE '/4 ) a distance of 915.20 feet to the said Westerly 75 foot R.O.W. line of T.H. 15; thence Northerly along said R.O.W. 660.00 feet to the point of beginning. Tract contains 16.50 acres more or less. Whereas, the Planning Commission met on August 17, 2010, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following finding: 1. The standards for granting a conditional use permit are met. 2. The conditions of the original conditional use permit are met. 3. No parking is allowed on or next to the driveway in question. 4. Parking for the Life Link Trailer shall be located behind the hangars. Adopted by the City Council this 24s' day of August, 2010. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor �)3 DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: July 29, 2010, for August 17, 2010, Planning Commission Meeting Application: CONSIDERATION OF AMENDMENT TO EXISTING CONDITIONAL USE PERMIT TO SHOW PAVED DRIVEWAY FROM ACCESS ROAD TO RAMP BETWEEN THE RELOCATED LIFE LINK III BUILDING AND THE NEW HANGER AT 1732 BUTLER FIELD DR. S.W., HUTCHINSON AIRPORT PROPERTY Applicant: City of Hutchinson, property owner CONDITIONAL USE PERMIT Public Works Manager, John Olson, submitted an amended conditional use permit application with a revised drawing indicating the location of a paved driveway from the access road to the ramp between the relocated Life Link III building and the new hangar. The pavement will be 24 feet wide. There will be 8.5 feet on each side of the pavement to the buildings. A conditional use permit was approved April 27h to relocate the Life Link Trailer. UC�)3 Conditional Use Permit Airport Life Link drive area Planning Commission— 8 -17 -10 Page 2 Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Analysis and Recommendations: GENERAL INFORMATION I/C (Industrial Commercial) 1700 Butler Field Dr. S.W. n/a Airport C -4 (Fringe Commercial), R -1 (Single Family Residential) and Out of City Limits Public A conditional use permit was approved in 2005 to allow for a private airport related company (Life Link) to place a temporary trailer on airport property. Section 154.066 and Section 154.170 Public Works Manager, John Olson, submitted an amended conditional use permit application with a revised drawing indicating the location of a paved driveway from the access road to the ramp between the relocated Life Link III building and the new hangar. The pavement will be 24 feet wide. There will be 8.5 feet on each side of the pavement to the buildings. A conditional use permit was approved April 27`h to relocate the Life Link Trailer. The reason the driveway is being moved is to accommodate the re- location of the Life Link Trailer which will be on top of the where the existing driveway is located. Staff would like to know where parking will be located for occupants of the Life Link Trailer. In addition, staff recommends there be no parking on either side of the driveway due to its width. Staff recommendations the parking area behind the hangars be utilized to the greatest extent possible to eliminate any vehicle congestion near the Civil Air Patrol or Life Link Trailer, as well as the hangar area. The following Zoning information is relevant: The airport is located in the I/C zoning district. The purpose of the I/C district in Section 1 54.066 states: L('.b)3 Conditional Use Permit Airport Life Link drive area Planning Commission— 8 -17 -10 Page 3 § 154.066 UC, INDUSTRMLICOMMERCM DISTRICT. (A) Purpose. It is the purpose of the 1/C district to allow for development of areas where there is a transition in use occurring, but sites are not available which would allow for compliance with other district requirements. Industrial or commercial development will be allowed only as a conditional permitted use to: (1) Ease land use transition; (2) Control development so that it is compatible with surrounding property; and (3) Establish dimensional requirements on an individual basis. (B) Permitted uses. (1) There are no permitted principal uses in the UC district. The following are standards for granting a conditional use permit: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Staff recommends approval of the amended conditional use permit with the following conditions: 1. The standards for granting a conditional use permit are met. 2. The conditions of the original conditional use permit are met. 3. No parking is allowed on or next to the driveway in question. 4. Parking for the Life Link Trailer shall be located behind the hangars. cP(1)3 MEMORANDUM DATE: August 18, 2010 for the August 24, 2010 City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director Bonnie Baumetz, Planning Coordinator SUBJECT: CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 54 — STORMWATER MANAGEMENT; SECTION 54.02, DEFINITIONS Background: The Definition of Impervious Surface is being amended in the Stormwater Ordinance to be consistent with the definition in the Shoreland Ordinance, as well as the Zoning Ordinance. Additional information is contained in the attached staff report and attachments. Plannina Commission Meetina: The Planning Commission held a public hearing and considered the request at their August 17' meeting. There was no one from the public present objecting to the request. There is a letter attached from DNR Hydrologist, Rob Collett stating his views and concerns. After briefly discussing the request, the Commission unanimously recommended approval as written. Recommendation: The Planning Commission recommended approval of the request and the attached ordinance. �GID')� PUBLICATION NO. ORDINANCE NO. 10 -0556 AN ORDINANCE AMENDING CITY CODE CHAPTER 54 — STORMWATER MANAGEMENT; SECTION 54.02, DEFINITIONS 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, Chapter 54, Stormwater Management; Section 54.02, definition of impervious surface: STORM WATER MANAGEMENT § 54.02 DEFINITIONS. Impervious Surface: The portion of the buildable parcel which has a covering which does not permit water to percolate into the natural soil and causes water to runoff the surface in greater quantities and at an increased rate of flow than existed prior to development. Impervious surface shall include, but not be limited to, buildings all driveways and parking areas (whether paved or not), sidewalks, patios, tennis and basketball courts, covered decks, porches, and other structures. Open, uncovered decks are not considered impervious for the purposes of this ordinance if they have a pervious surface underneath and have at least 1/8 inch spacing between the deck floor boards. Eaves and overhangs are not calculated as impervious surface. The use of patio blocks, paver bricks or gravel material, as well as plastic landscape fabric are considered impervious surfaces as a majority of water runs -off the surface rather than being absorbed into natural soils underneath. Some exceptions to these conditions may include paver blocks or pavement systems engineered to be permeable with the underlying soils suitable for infiltration. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this 14th day of September, 2010. Attest: Gary D. Plotz City Administrator Steven W. Cook Mayor L'6:�>) q DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: July 29, 2010, for August 17, 2010, Planning Commission Meeting RE: Consideration of Amendment to City Code Chapter 54 — Stormwater Management; Section 54.02, Definitions STORMWATER ORDINANCE AMENDMENTS The Definition of Impervious Surface is being amended in the Stormwater Ordinance to be consistent with the definition in the Shoreland Ordinance, as well as the Zoning Ordinance. Analysis and Recommendation: Staff reviewed the proposed ordinance at the July 29, 2010 planning staff meeting. Staff is very supportive of the proposed ordinance and recommends approval. The Planning Commission should provide feedback on the ordinance and consider public hearing comments in their recommendation to the City Council. Lcj��)LA Hug 17 10 03115p Margie Robinson Atipsl 16, 2010 Dan Jocllum I lulcllinsnn Planning & Zoning I I I I h still Street Sll lutchimsou, MN 55350 320 234 2555 p.l Minnesota Department of Natural Resources 2096IIICHWAV 7, I111'1'CHINSQN MN 95;50 (120) 214 -2550 s2 mhert.cOI,IC t milslntC.nul.us RF: Ordio me('11angmCityol'Ilutchinson. bear Mr. Joehuum, Thank you file meeting with me last week um discuss your pnmpoaed shorelund ordinance changes, While we have Iwcmm gearing up for eh:umges to the slalewidc nlinimmil shorulmid sumdards. updates are nol imminent, 'I 'ho drift rules have been developed over the past lcw ycar.N widt mnprc"dcnlcd involvement from various slakchol&r groups inchmlilly. developers. lakcshorc owners, inleresl grumps, and county Ciotti city stalls. 1 appreciate the litd that the Pity ml' Iluluhimstill ha, included some ol'the language from the draft odes. 'Phe draft rules arc sound; developed with hoth people and science ill mind. Several dillbrem :Irons of the drall shorclmmd rules were,, wrioun No commumilic% with greater enpacily could include more Ilusihilily, '1 -ItiN i% especially important fix• Clmumumilie9 with many oNisling dev001MICnls with only lugs at or near the 25 6/6 imporviou% limit - like I lutchinsun. I lowever. 1 think your droll urdimmice Nets the bar fairly low for porlim iuncc sl:mJards, When we discussed the clmcupt tit noncunlbrinilies, I Think slormwater rkmoll' mild im1wrviuus are areas we want pond perfor manse mid not grmdlhthur Ixmor perliummlee. Given sot m:ity of the City's storm +wlter thins route wider directly la Thu South I +ark of Iltc Prime River. the need to address im lmlrcd waters, and tlw devulopnlem of "I'MIN.' (Total Daily Masinmum Loads), need sironger m4uirclmmenty. I do. however, agree strongly with the ell'ort OI' allowing people some option% rolher than beitmg limited by the 25% impervious Cap. AN we discussed, specifically. in the dclinition of inlpurviom% mva, overhangs omxl cave should be ennxidered impervious. 'I 'Ivey :we pan or the cruse %•sectional arur intercepting water, ht any sollintt, w:ucr spilling off the ruin should nul he rimming under the nvcrhang„s back towards the home. Alluwiig decks as pervious pills sonic hurdcu Colo city staff In verily il' underlying mawrials are pervious. Many decks include nwk with plaslic or olher lilbric harrierN onticnicalh, 5imihlrly, pomms clones I'or patios, driveways and Collier surlhces should actually be designed and nlainlamud lime infillmliui, 1 :1m11 leery of thin; and piping of water 1io11m Ihr; underlying sand or grovel bed. This design ccnaittly dul'cais tlw ptlrpttvc of porous tiles. As we discussed. porous plovers al %o do not perlimrrn well Over lime (mug run where `1116 /din will he Irluked. In udwr words. I rim more skeptical of lllis option I'or driveways with tracking ul'gnwel and swid tmN compared lot Ihcir use in luck yard patios. AF!uin, the burden on city stall' lot chock o11 install:uion, maintenance, or purlimrntnnce should Im Considered. In the Slurp Wales• Malvlgument sOClion ol'Ihc ordinance. paragraph A. l I ) should he delelcd, I'hc %milegy of culled :rod c(uwuy i.% in conllicl wilh item 2 in the same scetion, I'rel-crcnce should he given h) lho`u stralegies That inlilmitc clormwmler and ruducu runoll volumes. tiNR Intnrnamiuu: 101- 296 -6157 • 1 8SS- 646 -6167 • TTY: 651 27n -5484 • 1 HAM) 657 -Mit) Mm 1 quad 111111... 4111111, I n 1110"r 41111`61 I'rmlcd oil ice YL LIJ V llvr 1 "'ill ill-M, d WhI, v :Jle IM rn.Ily ra= Mnd„n.,n.. lot',' 11,rim 1', o ..... lw, W:I.N• 'deceived Fax : Aa 17 2010 4 11P Fax Station _ NTY OF Aug 17 10 03:15p Margie Robinson 320 234 2555 p•2 In item 1), where I:mgongc provides liar trndinl; of inytcrvious area litr no net incruao of runol'I', I think providing liar infiltration or somehow reirolitling or treminl; of nrtwll'shoold be incf lded. As we discussed, I eon coo"mcd shoot ulilving straight percentages (in both item 1) and V). Allowing 50 percent ol'a rccidcniial lot (15,000 square lest) is notch dilTercnt than the nntoll'thol might he guncralcd from n cononcrcial building and parking lot (scvcralacres). I woold he happy to meet with you :md other stal7it) try to carve ool an ordinnnee that can strike a balance. While nearly all the stormmcr drains in dies city discharge dins:tly w the South Fork ul'llw Crow, some retrolining via City stormwaler ponds hnve been completed. Now subdivisions also have rtnutl'I'waler routed through slormwulcr ponds. I am not curtain, in these coscs, if we are redociog vuhuues or more +o Chopping nut sediment, Areas with s(ormwater infrastruclurc could he treated differently through the ordinance. I c.yx ct our dialog to comno a beyond those annntent s. 1'Itank You liar your consideration ul' my continents. Thu City of I lutchinson should reyuesl Ilcsihility Irom the Slawwide Shorcinod 1lnrµltriN in order tit adopt Ihcsc changes. Please feel free In contact me with any quesliotis or concerns al the phone number or address listed shove. Sincerely, DN_l '1'F.RS Area I lydrologist MEMORANDUM DATE: August 18, 2010 for the August 24, 2010 City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director Bonnie Baumetz, Planning Coordinator SUBJECT: CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 152 — SHORELAND MANAGEMENT; SECTION 152.007, DEFINITIONS; SECTION 152.041, STORMWATER MANAGEMENT; SECTION 152.108, VARIANCES. Background: Staff was directed by the Planning Commission to look at several amendments to the Shoreland ordinance related to impervious surface coverage standards that would allow applicants flexibility while mitigating the impacts of additional impervious surface coverage. In addition, the height of building definition was reviewed and amended to be more clear and easy to understand, as well as made consistent with the definition in the Zoning Ordinance. Lastly, the definition of impervious surface was amended and is now consistent throughout City ordinances. Previously, there were three definitions for impervious surface and each is slightly different. Additional information is contained in the attached staff report and attachments Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their August 17'" meeting. There was no one from the public present objecting to the request. There is a letter attached from DNR Hydrologist, Rob Collett stating his views and concerns. After briefly discussing the request, the Commission unanimously recommended approval as written. Recommendation: The Planning Commission recommended approval of the request and the attached ordinance. PUBLICATION NO. ORDINANCE NO. 10 -0557 AN ORDINANCE AMENDING CITY CODE CHAPTER 152 — SHORELAND MANAGEMENT; SECTION 152.007, DEFINITIONS; SECTION 152.041, STORMWATER MANAGEMENT; SECTION 152.108, VARIANCES 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, Chapter 152, Shoreland Management; Section 152.007, definitions of height of building or structure height and impervious surface; Section 152.041, adding language to (B)(l); Section 152.108, adding language to variance requirements. SHORELAND MANAGEMENT § 152.007 DEFINITIONS. Height of Building or Structure Height. The distance measured from the average existing ground uppermost point on a round or other arch -type roof, or to the averse distance of the highest gable on a pitched or hip roof. References in this Section to building height shall include and mean structure height, and if the structure is other than a building, the height shall be measured from said average existing ground elevation to the highest point of the structure "Existing ground elevation' means the lowest of the artificial grades created by fill may not be used to modify the measured building height to circumvent the intent of the zoning ordinance. Impervious Surface: The portion of the buildable parcel which has a covering which does not permit water to percolate into the natural soil and causes water to runoff the surface in greater quantities and at an increased rate of flow than existed prior to development. Impervious surface shall include, but not be limited to, buildings, all driveways and parking areas (whether paved or not), sidewalks, patios, tennis and basketball courts, covered decks, porches, and other structures. Open, uncovered decks are not considered impervious for the purposes of this ordinance if they have a pervious surface underneath and have at least considered impervious surfaces as a majority of water runs -off the surface rather than being absorbed into natural soils underneath. Some exceptions to these conditions may include paver blocks or pavement systems engineered to be pgrtneable with the underlying soils suitable for infiltration. § 152.041 STORM WATER MANAGEMENT. The following general and specific standards shall apply. (A) General standards. (,L@5 Ordinance # 10 -0557 Section 152— Shoreland Management August 17, 2010 Page 2 (1) When possible, existing natural drainageways, wetlands and vegetated soil surfaces must be used to convey, store, filter and retain storm water runoff before discharge to public waters. (2) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities and erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. (3) When development density, topographic features and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage, vegetation and infiltration rather than buried pipes and man-made materials and facilities. (B) Specific standards (1) Impervious surface coverage of lots must not exceed 25% of the lot area subject to the provisions of 4152.108(D) and (E). (2) When constructed facilities are used for storm water management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. (3) New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. § 152.108 VARIANCES. (A) Variances may only be granted in accordance with M.S. Chapter 462, as it may be amended from time to time, as applicable. A variance may not circumvent the general purposes and intent of this chapter. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Planning Commission and City Council must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year- round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. (B) The Planning Commission and City Council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in § 152.109(B) below shall also include the Planning Commission and City Council's summary of the public record and testimony and the findings of facts and conclusions which supported the issuance of the variance. (C) For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system by an MPCA certified installer. Ordinance k 10 -0557 Section 152— Shoreland Management August 17, 2010 Page 3 (D) A variance from the impervious surface requirements contained in 4152.041(B)(1) is not required for the alteration or addition of structures and appurtenances to lots in the shoreland district, if the impervious surface coverage of a lot does not exceed 50% and the following conditions are met: (1) The lot has been developed prior to September 14, 2010: and. (2) A survey completed by a Professional Land Surveyor is required to determine the exact amount of impervious surface coverage on the lot. (3) Any changes to structures or fixtures on the lot or appurtenances thereto do not increase the overall impervious surface coverage of the lot as calculated by a Professional Land Surveyor and approved by the Planning Director at the time the building or other appropriate permit is applied for. (E) A variance from the impervious surface requirements contained in 4152.041(B)(1) is not required if permanent treatment of the first one inch of runoff from the impervious surfaces over 25 percent created by development or redevelopment is treated on site for lots in the shoreland district, if the impervious surface coverage of a lot does not exceed 50% and the following conditions are met: (1) The lot has been developed prior to September 14, 2010: and (2) A survey completed by a Professional Land Surveyor is required to determine the exact amount of impervious surface coverage on the lot. (3) The volume of water equal to one inch multiplied by the area of impervious surface over 25 percent must be treated on site. Preference must be given to volume reduction techniques that include infiltration basins, rain gardens, enhanced infiltration swales, filter strips, disconnected impervious areas, and other conservation designs. All management technologies shall be consistent with the latest Minnesota Stormwater Manual. The City of Hutchinson requires the use of trained ersonnel in erosion and sediment control and stormwater management or a Minnesota licensed Professional Engineer to design and inspect the installation and whether the design of the treatment facility is approved or not. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this 14th day of September, 2010. Attest: Gary D. Plotz City Administrator Steven W. Cook Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: July 29, 2010, for August 17, 2010, Planning Commission Meeting RE: Consideration of Amendment to City Code Chapter 152 — Shoreland Management; Section 152.007, Definitions; Section 152.041, Stormwater Management; Section 152.08, Variances SHORELAND ORDINANCE AMENDMENTS Staff was directed by the Planning Commission to look at several amendments to the Shoreland ordinance related to impervious surface coverage standards that would allow applicants flexibility while mitigating the impacts of additional impervious surface coverage. In addition, the height of building definition was reviewed and amended to be more clear and easy to understand, as well as made consistent with the definition in the Zoning Ordinance. Lastly, the definition of impervious surface was amended and is now consistent throughout City ordinances. Previously, there were three definitions for impervious surface and each is slightly different. Analysis and Recommendation: Staff reviewed the proposed ordinance amendment at the July 29, 2010 planning staff meeting. Staff is very supportive of the proposed ordinance amendment and recommends approval. The Planning Commission should provide feedback on the ordinance and consider public hearing comments in their recommendation to the City Council. (Offi)5 Aug 17 10 03:15p Margie Robinson 320 234 2555 p.l August 16,20 10 Dan Joclnun I lutchinsua 111unning vC Zoning I I I I (assau Sired Sli Ilutchinsun, MN 55.350 Minnesota Department of Natural Resources 20196 I11CHWAY 7, IIII CHINSON MN 55351) (320) 214 -2550 s2 ruhcrt.cul,lc t eihlnta nut.ug Rli: Ordilumw C'lmogas, Cily of I lulchinsod. Dear Mr. Jochual, Thank you lirr meet iiig with me last week In disciiss your proposed shorehmd ordinance changes. While we have been gearing up for cbuipes to the slalcwide minimum shorcland Nlandards. updates arc ool imminent. The drift rules have beat developed over the pall I'ew years with unprcaticil l mvolvcnteol Dent v:mmis makehultka groups including develops L lakcsltire owners. interest groups, and county ;lid city stalls. I apprveiate the fact tlal the t'ity of Ilutchirison has included some tit' the kutguago from the draft roles, 'I he drall rules are sound; developed Willi hoth people mid seiatce in mind. Several ditlaru it :bums of the drall shurclund rules were wrillen so comimmilics with greater capacity could include more Ilexihilily. This is especiAly imporlanl lit' clnnnunlilies with many existing; developments Willi many lull at or near the 25% impervious limit — like I lutchiosoo. I lowever. I thick your drag ordinance sets the N it Ihirly low lift Ircrliinunnce slwtdards. Wiwi we discussed the anicupt of noncunlirmitics, I think montiwam, nutoff and impervious are areas we want good perlori mtee and not graudlinhcr pour perl'urlmuee. Oven au many of the City's slurm wtrlei drlins rude water directly ht die South pork of the Crow Itiver. the riml Lit adarss ingaircd waters, mid the development nf'1'MDI.'s ('total Daily Maximum Loads), need stronger requiranents. I do. however, agree strongly Willi the ellort of alluwiug people sonic options mlherth:ut being limited by the 25% impervious cap. As we discussed, specifically. in loo dclinitiuo of impervious mva, overhangs mid cave should be considered impervious. They are earl of the cross- sectional arch imercepting water. In ;toy selling, waler %pilling oft' dic Inol should nil Iw r u niog it the uvurhmip lack towards the home. Allowing decks as pervious puss some harden oo city slaff io verily i1' underlying materials arc pervious. Many decks include roes with plastic or other litbric barriers midernealh, Siulilnrly, ponies stones lirr palios, driveways and Other au•I'accs should actually be dceigncd and iiwimaiucd for utlilh'alion. I nut leary tit' tiling and piping of water from Ilie underlying sand or grovel bed. 'Phis design cenaioly deleats the purpose of porous tiles. As we discussed. porous pltvcrs also do nol perlimn well over the lung run where saint /din will he Inickcd. In wher words. I mu more skeplical tit' this option for driveways with tracking of gravel anti surd us compared to Illcir Ilse in hackym•d patios. Again, dw burden rot oily stall' to check on invallaliun, nmintemnec, or perlirmutce should lie consitkrcd. III the Sturm Wafer M ;uingancnt section of the ordinance, paragraph A. (I) should he lelctled. The strategy nfcullcvl amt convey is in c(wnlliel with item 2 in the sonic suction. Prclireiice should he given to those sintlegies that infiltrate stonowalcr and rducc runofl'voluntcs. 1)N9 Inlormmion: 051 - :904,157 • I X48- NIO.6167 • 'I•'I'Y: 051 296 -5494 • I VIN) 657 -.00) An I,pml 014m,miu ly 1'ntt,6n, r K Ihmmd nu H,cri I J Pah'r I',ml.liunly .I whovAo-AMel•, IIV �. �• M o,6,q„n.I 1 111': P,niI ,,..,u1M'I W:Pn- V@ �) Received Fax : Aijo 17 2010 4:31 M Fax Station Aug 17 10 O3:15p Margie Robinson 320 234 2555 p.2 In ilem 1), where languatic provldos liv trading of impervinus area liir uu net inercnsc of runol'I', 1 think providing fur intiITemitin or somehow retroliIIing or treatiog of nmwll'shnuld be included. As we diwussed, I ant concorncYl about uliIiiing straight pereeutoigcs (in both item 1) and li). Allowing 511 percem ol'a residenlial lot ( 15,000 sTµrare feet) is uuich I il'I'crcnl Than the runoll• That might he genermed from a commercial building and parking lot (several apes). I would he happy ur meet Willi yon aid other stal'f la try to carve out an nrnliminuc That can strike a balance. While nearly all the slormam. drains in die city discharge directly w The South Fork ol'the Crow, some retrulitling via City smirmwowr ponds have been eoiriploted. New subdivisions also hove runoff water rnulctl through slorniwaler ponds. 1 mn not ccrloin, in these cases, il' we are reducing vultimes or more sa dropping out wdimenl. Areas with stunnwntor inlrasinicurre could be tre:ued dil74rcnlly through iho ordinance. I expzvt our dialog t» continue heyond these comments. Thank von I'nr your consideration of my (ximocnls. 'I lie City of I lutchinson should ruprest Ilcsihilily front The Statewide Shorcland Slandartk in order to adopt these changes. I'Icasc I'eel li'ec to conlact me Willi any (acsliom or concerns in the phmic number or addrenr listed above. Sincorcly, 1)Nlt /A'IT.RS I ohert ('alien Arca I lydrologisi ^` )�) MEMORANDUM DATE: August 18, 2010 for the August 24, 2010 City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director Bonnie Baumetz, Planning Coordinator SUBJECT: SITE PLAN REVIEW OF A PROPOSAL BY CHIPS HOLDINGS, LLC FOR A 4920 SO. FT. DISTRIBUTION FACILITY ON A LOT IN ENERGY PARK NORTH SECOND ADDITION Background: The applicant is proposing construction of a warehouse in the Energy Park North development. The building is proposed to be 4920 square foot warehouse for distribution of potato chips and other similar snacks. The proposed building would be an approximately 4920 square foot one -story structure. The building also features a loading dock that faces south. The building plans show the exterior as metal with windows on the west side. The proposed design is typical of what is found in an industrial park and should be compatible with future uses. Additional information is contained in the attached staff report and attachments. Planning Commission Meeting: After briefly discussing the request, the Commission unanimously recommended approval with staff recommendations. Recommendation: The Planning Commission recommended approval of the request with the findings and conditions in the attached resolution. (0N( RESOLUTION NO. 13776 RESOLUTION APPROVING A SITE PLAN SUBMITTED BY CHIPS HOLDINGS LLC FOR A 4920 SQ. FT. DISTRIBUTION FACILITY ON A LOT IN ENERGY PARK NORTH SECOND ADDITION Whereas, CHIPS Holdings, LLC, have requested approval of a site plan to construct a distribution facility with the following legal description: Legal Description: Lot 4, Block 2, Energy Park North Second Addition. Whereas, the Planning Commission met on August 17, 2010, on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the site plan, subject to the following findings and conditions: 1. The proposed building and site improvements shall comply with the standards of the I -1 district and the Zoning Ordinance. 2. A certified property survey is required before a building permit will be reviewed. The survey shall clearly identify dimensions and setbacks for the building, parking, and drive aisles, and identify the proposed drainage direction and grading. Review and approval of the final site plan is required by the City Engineer and Planning Director before construction. 3. The parking lot needs to drain to the east to the catch basin that drains into the stormwater pond. 4. Silt fencing must be installed per City requirements, including along the front side of the lot to the street. 5. The clean out must be at the easement or property line to ensure easy access. 6. Final landscape plans shall identify the size and species of the plantings and shall be approved by the City Forester. 7. SAC and WAC fees will be calculated per fixture unit and due at the time of building permit. 8. Exterior doors should be labeled clearly with large letters or numbers for emergency purposes. 9. Approval of a NPDES permit and erosion control are required prior to construction on site. Adopted by the City Council this 24ih day of August, 2010. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor ('�N) � DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: July 29, 2010, for August 17, 2010, Planning Commission Meeting Application: Site Plan for construction of Chips Holdings LLC warehouse facility in the Energy Park industrial park. Applicant: Greg Ebert, Chips Holdings LLC SITE PLAN The applicant is proposing building a warehouse on part of lot 3 block 2, in Energy Park. The building is proposed to be 4920 square foot warehouse for distribution of potato chips and other similar snacks. (PUD)�0 Planning Commission — August 17, 2010 Site Plan Review Chips Holdings, LLC Page 2 GENERAL INFORMATION Existing Zoning: I -1 (Light Industrial Park) Property Location: Energy Park North Plat Lot Size: n/a Existing Land Use: Vacant Adjacent Land Use And Zoning: I -1 (Light Industrial Park), R -2 (Medium Family Residential) and GT (Gateway) Comprehensive Land Use Plan: Business Park Zoning History: R -1 when annexed per City Ordinance. Rezoned to I -1. Applicable Regulations: Section 153.36 and Section 153.50, City Code Building: The proposed building would be an approximately 4920 square foot one -story structure. The building also features a loading dock that faces south. The building plans show the exterior as metal with windows on the west side. The proposed design is typical of what is found in an industrial park and should be compatible with future uses. Setbacks: The proposed building setbacks and requirements for the I -1 (Light Industrial Park) district are identified below. The plans would meet the building setbacks as follows: Landscaping: The site plan shows landscaping on the portion of the lot being built upon. There are 2" caliper trees shown on the plan that appears to meet the requirement of 1 tree per 800 square feet of landscaped area. The landscape plans shall identify the size or species of the planting and will require approval of the City Forester. Parking: The proposal includes a total of 13 parking spaces, including 1 handicap space, 6 employee stalls, and 6 truck stalls. The parking stalls also meet all the parking setback requirements. ('1�)te Required Structure Setback Proposed Structure Setback Street Right of Way 30 feet 159 Feet Interior Lot Line 20 feet 36 feet (west) 74 feet (east) Residential zoning boundary 75 feet n/a Landscaping: The site plan shows landscaping on the portion of the lot being built upon. There are 2" caliper trees shown on the plan that appears to meet the requirement of 1 tree per 800 square feet of landscaped area. The landscape plans shall identify the size or species of the planting and will require approval of the City Forester. Parking: The proposal includes a total of 13 parking spaces, including 1 handicap space, 6 employee stalls, and 6 truck stalls. The parking stalls also meet all the parking setback requirements. ('1�)te Planning Commission — August 17, 2010 Site Plan Review Chips Holdings, LLC Page 3 Analysis and Recommendation: A "One -Stop Shop" was held on July 27, 2010, to review the site plan and provide feedback to the applicant. The applicants have addressed the issues identified by staff. Planning staff recommends approval, subject to the following findings and recommended conditions: 1. The proposed building and site improvements shall comply with the standards of the I -I district and the Zoning Ordinance. 2. A certified property survey is required before a building permit will be reviewed. The survey shall clearly identify dimensions and setbacks for the building, parking, and drive aisles, and identify the proposed drainage direction and grading. Review and approval of the final site plan is required by the City Engineer and Planning Director before construction. 3. The parking lot needs to drain to the east to the catch basin that drains into the stormwater pond. 4. Silt fencing must be installed per City requirements, including along the front side of the lot to the street. 5. The clean out must be at the easement or property line to ensure easy access. 6. Final landscape plans shall identify the size and species of the plantings and shall be approved by the City Forester. 7. SAC and WAC fees will be calculated per fixture unit and due at the time of building permit. 8. Exterior doors should be labeled clearly with large letters or numbers for emergency purposes. 9. Approval of a NPDES permit and erosion control are required prior to construction on site. c'U6 � AN 55350 I.. (vqun: WIT. 1— ..oaoa. R.Mrc.�rE —IIr In. bas el Ily 6b1, d um�.wlc WTI.: >ZWW I.-.. b ,SISA SITE PLAN -of- Chl$Ad187Mjblshlbullon facility Part of Lot 3 block Z, ENERGY PARK NORTH LEGEND e° W. a, ...'moo ' I,. . , 0 AINALN0TE3 WATERLWNNOTES 03NITRNT SEIIEI X01113 OROSINI a EIDSION CONTIOL KOM SM UTO .ro...e +u lw,i s sr nasal !!.r,» rr. GAP A ➢MyIC —S —[AIDE C1 (L))p Rom SM UTO .ro...e +u lw,i s sr nasal !!.r,» rr. GAP A ➢MyIC —S —[AIDE C1 (L))p r_ TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Improvement Project Change Orders DATE: August 24, 2010 As construction has proceeded on the below listed projects there has been additional work, project scope revisions, or construction staging changes. All of these items have been identified and deemed necessary to satisfactorily complete the projects. The following Change Orders are proposed to address the specifically described items: • Change Order No. 6 — Letting No. 1/Project No. 09 -01 — Energy Park Improvements Phase 1 This Change Order addresses the revision of the contract completion dates due to abnormal weather and additional work The Final Completion Date would be extended from August 1, 2010, to August 6, 2010 (5 calendar days). This action results in no increase to the contract payment amount. We recommend that the above Change Orders be approved. cc: Gary Plotz, City Administrator - CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 (320) 234- 4209 sheet, ot, CHANGE ORDER NO. 6 Dated: 08116/2010 3 g v Mathiowetz Construction 30676 Co Rd 24 Sleepy Eye MN 56085 Phone: (507) 794-6953 FAX: (507) 794-3514 Letting No 1 112roject No. 09 -01 Project Location: Energy Park North EDA Grant or ID No. 06 -01 -05404 c u 0 a m U d w p o This Change Order addresses the revision of the contract completion date due to abnormal weather and additional work. The Final Completion Date is extended from August 1, 2010 to August 6, 2010 (5 calendar days). This action results in no increase to the contract payment amount. Item No. Spec. Ref. Item Name I Unit lQuantityl Unit Price I Amount INCREASE ITEMS: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL INCREASE CHANGE ORDER NO.8 $0. NET INCREASE ------- •— •-------- - - - - -- - - - - - -- $0.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted In the amount of $3.966. (add) /(deduct). An extension of -0- days shall be allowed for completion. The original completion date of 0810,/2010 shall not be changed. ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONSIDEDUCTIONS THIS ADDITIOWDEDUCT 04 TOTAL $1,805,921.10 $119,406.40 $0.00 $1,925,327.50 APPROVED: Contractor - Mathiowetz Construction DATED: APPROVED: City of Hutchinson - Mayor: Steven W Cook DATED: 08/24/2010 PPROVED: APPROVED: ity of Hutchinson - City Administrator: Gary D Plot DATED: 08/24/2010 City of Hutchinson - City Engineer: Kent Exner DATED: US DEPARTMENT OF COMMERCE - ECONOMIC DEVELOPMENT ADMINISTRATION APPROVED: M A DATED: PRINTED NAME & TITLE: / �G fff Construction Company Iu All We Do, We Build It RightlI 26 July, 2010 Kent Exner City of Hutchinson 11 I Hassan Street SE Hutchinson, MN 55350 -2522 Re: Energy Park Improvements Phase 1 (Letting No. I /Project No. 09 -01) Dear Mr. Exner, 30676 Couuly l(mW 24 Skepy!LK MN 56085 (507)794.69531 (307) 7942514 Far 1910 us N: lywralnfhImm: Ol1me" Mathiowetz Construction is requesting an additional 5 calendar days to complete the Energy Park Project. 'this request is due to an increase in the quantity of curb and gutter to be poured Find the working days lost in the month of June 2010 due to rain. If you have any questions, feel free to contact nre at 507 -829 -4963. Sincerely, The Mathiowetz Construction Company Brad On7modt Project Malinger AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION 6MPIAYF.R c'�2tG� r TO: Mayor and City Council Members FROM: Gary Plotz, City Administrator DATE: August 18, 2010 SUBJECT: Election Judge Wage Increase Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 320 -557 -5151 /Fax 320. 2344240 The rate of pay currently paid to the City of Hutchinson's election judges is $6.50/hour which has been the rate since 2004. Currently, the prevailing Minnesota minimum wage is $7.25 /hour. Minnesota Statute 20413.31 reads, "Election judges shall receive at least the prevailing Minnesota minimum wage for each hour spent carrying out their duties at the polling places and in attending training sessions... ". Therefore, the hourly minimum wage for election judges, whom are now considered City employees, must be increased to $7.25 /hour. Since 2004, the head judges in each precinct have been paid $7.25/hour, which was $35/hour higher than the regular election judges. Head judges are responsible for election activities in their respective precincts. They assign job duties, supervise their precinct and respond to unordinary actions. Head judges are required to obtain extra training beyond the regular election judge training. For these reasons, I would recommend that the head judges' wage be increased to $8.00/hour. For your reference, please find enclosed a brief survey that was conducted in 2004 relating to election judge wages. Even with this dated information, it appears that the proposed increases would not be out of line. Printed on recycled paper- Election Judge Wages Surrounding Cities city Election Judge Rate Alexandria $7.50/hr Bemidji $6.50/hr Brainerd $7.00/hr Cloquet $7.00/hr Fairmont $6.001hr Farmington $7.00/hr Fergus Falls $7.25/hr Glencoe $8.00/hr Litchfield $6.50/hr Marshall $5.25/hr New Ulm $6.25/hr North Mankato $6.75/hr Worthington $5.15/hr Average: $6.50/hr Head Election Judge Rate $8.00/hr $7.00/hr $8.00/hr $7.00/hr $6.00/hr $7.50/hr $11.50/hr $8.00/hr $7.50/hr $5.25/hr $6.75/hr $7.75/hr $5.15/hr $7.25/hr �00) aa4 I l I Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151 /Fax: (320)234-4240 0. g -3 -I0 Short Term 3.2 Malt Liquor Fee: $125.00 City of Hutchinson APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE — ON SALE In provisions of the City of Hutchinson Municipal Code Chapter 112 All applications must be received at least 10 days before City Council Meeting in order to be considered Applicant Information G{-. Ay;isrds L,4 R rNQ�1 C LNur� c+ N 3 �S�s7- losZ37 Business /Organization Name Phone Number Y Vi'y 4Kt Si _ s- to / l7uYCt11,yS0 V, A111 SS�Zi Business /Organization Address City State Zip 7. Goy Type Business/Organization X121 uu� 3� -s5'I �OSO7 Applicant Name Phone Number L%vd L-AKF_ Sy- s k,'- /�crt c/It/NsoN 11AIA/ ss a - -- Applicant Address city State Zi Office s /Owners of the Or anization/Business jnecessa7, list additional names on se orate sheet �F_A.44 -0 S. T-Oe Name Title Name Title Name Title 3.2 Malt Liquor Sales Information YZoa LAKE Sri S.to. // Location of Sales Date(s) of Sales f/u rov 1. "V,', 1V /&V (d Cold I-IfU L_ Address Contact Person The following items need to be Application fee paid in full (check or money order): ❑ yes ❑ no in full and ❑ yes Ll no to The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption "ON" those certain premises in the City of Hutchinson described above and to that end represents and state as follows: That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21 years; that he /she is proprietor of this establishment for which the license will be issued if this application is granted. That no manufacturer of such non - intoxicating malt liquors has any ownership, in whole or in part, in said business of said applicant or any interest therein. (0 te-) City of Hutchinson Application for ShoriTerm 3.2 ,Valt Liquor License - On -Sale Page 1 of 1 That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and hereby agrees to observe and obey the same. Each Applicant further states that he /she is not now the holder of, nor has he /she made application for, nor does he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. aL-u I Signature ❑ approved ❑ denied Notes: X—Z — /c0 Date (' (�) 9 CITY OF HUTCHINSON MEMO Finance Department August 17, 2010 TO: MAYOR & CITY COUNCIL FROM: JEREMY CARTER, FINANCE DIRECTOR SUBJECT: DONATION REQUESTS FOR AUGUST By State law the elected body of a government entity is required to authorize all donations accepted on behalf of that government entity. There was one donation I would request authorization to accept for the month of August. 1) The fire department received a donation of $2000 from Margaret Abbot to put towards the High Pressure Rescue Tool project with an estimated cost of $15,000. Any questions regarding approval of the donations can be directed to my attention. Thanks �(o CITY OF HUTCHINSON R55CKREG LOG22001VO Council Check Register 8/24/2010 Check# Ck Date Amount Vendor/ Explanation Account Description 161530 8/24/2010 611.82157 CLASS TOWING INC OTHER CONTRACTUAL 161531 8/24/2010 406.00 AARP PROFESSIONAL SERVICES 161532 8/24/2010 480.00 ABSOLUTE CATERING OPERATING SUPPLIES 161534 8/24/2010 650.74 ACE HARDWARE REPAIR & MAINTENANCE SUPPLIES 161535 8/24/2010 18.00 ADAMS, KRIS OTHER CONTRACTUAL 161536 8/24/2010 283.22 AG SYSTEMS EQUIPMENT PARTS 161537 8/24/2010 45.56 ALLTEL COMMUNICATIONS 161538 8/24/2010 7,041.28 ALPHA WIRELESS COMMUNICATIONS 161539 8/24/2010 49.00 AMERICAN CEMETERY DUES & SUBSCRIPTIONS 161540 8/24/2010 234.00 AMERICAN RED CROSS- MINNESOTA OPERATING SUPPLIES 161541 8/2412010 307.61 AMERICAN WELDING / WILLMAR FIR CENTRAL GARAGE REPAIR 161542 8/24/2010 57.43 AMERIPRIDE LINEN & APPAREL CONTRACT REPAIR & MAINTENANCE 161543 8/24/2010 630.56 AIMS COATING SYSTEMS INC. SIGNS & STRIPPING MATERIALS 161544 8/24/2010 9.41 ARAMARK UNIFORM SERVICE SHOP MATERIALS 161545 8/24/2010 947.73 ARCTIC GLACIER PREMIUM ICE INC COST OF MIX & SOFT DRINKS 161546 8/24/2010 318.00 ARROWWOOD RESORT & CONFERENCE TRAVEL SCHOOL CONFERENCE 161547 8/24/2010 3,125.00 ARTHUR J GALLAGHER RISK GENL LIABANSURANCE 161548 8/24/2010 225.00 AWWA - MINNESOTA SECTION TRAVEL SCHOOL CONFERENCE 161549 8/24/2010 125.00 BARE, MICHAEL UNIFORMS & PERSONAL EQUIP 161550 8/24/2010 213.04 BCA/TRAINING & DEVELOPMENT TRAVEL SCHOOL CONFERENCE 161551 8/24/2010 2,220.68 BELLBOY CORP COST OF SALES -MISC 161552 8/24/2010 476.56 BENNETT MATERIAL HANDLING RECEIVED NOTVOUCHERED 161553 8/24/2010 182.66 BERNICK'S COSTOF SALES -MISC 161554 8/24/2010 201.96 BERNICK'S FOOD SERVICE COST OF MIX & SOFT DRINKS 161555 8/24/2010 3,100.00 BLUEVALLEYSOD RECEIVED NOT VOUCHERED 161556 8/24/2010 478.28 BRANDON TIRE CO CENTRAL GARAGE REPAIR 161557 8/24/2010 1,776.50 BRAUN INTERTEC CORP PROFESSIONAL SERVICES 161558 8/24/2010 5,726.73 BRYAN STREICH TRUCKING FREIGHT- IN 161519 8/24/2010 79.32 BUFFALO CREEK ENTERPRISES COST OF MIX &SOFT DRINKS 161560 8/24/2010 161561 8/24/2010 161562 8/24/2010 161563 8/24/2010 161564 8/24/2010 161565 8/24/2010 161566 8/24/2010 161567 8/24/2010 161568 8/24/2010 161569 8/24/2010 161570 8/24/2010 161571 8/24/2010 161572 8/24/2010 161573 8/24/2010 161574 8/24/2010 161575 8/24/2010 161576 8/24/2010 161577 8/24/2010 161578 8/24/2010 161579 8/24/2010 161580 8/24/2010 161581 8/24/2010 161582 8/24/2010 161583 8/24/2010 161584 8/24/2010 161585 8/24/2010 161586 8/24/2010 161587 8/24/2010 161588 8/24/2010 161589 8/24/2010 161590 8/24/2010 161591 8/24/2010 161592 8/24/2010 161593 8/24/2010 349.48 BUSINESSWARE SOLUTIONS OPERATING SUPPLIES 49,838.80 C & L DISTRIBUTING COST OF SALES -BEER 292.50 CALIFORNIA CONTRACTORS SUPPLIE SAFETY SUPPLIES 585.72 CARLSON TRACTOR & EQUIP RECEIVED NOT VOUCHERED 32.05 CARR FLOWERS MISCELLANEOUS 638.00 CARRIGAN, CORY OTHER CONTRACTUAL 335.00 CARVER COUNTY COURTADMIN OTHER REVENUES 616.00 CATES, SHAY OTHER CONTRACTUAL 53.44 CENTRAL LANDSCAPE SUPPLY OPERATING SUPPLIES 138.94 CMK SERVICES LLC OTHER CONTRACTUAL 96.89 COLLINS BROTHERS COST OF SALES -MISC 158.03 COMDATA CORPORATION FOOD PRODUCTS- CONCESSION 69.00 COREY, NICHOLLE TRAVEL SCHOOL CONFERENCE 430.00 CORNER POST EROSION CONTROL OPERATING SUPPLIES 633.38 CREEKSIDE SOILS OPERATING SUPPLIES 86.03 CROW RIVER AUTO & TRUCK REPAIR CENTRAL GARAGE REPAIR 372.66 CR0W RIVER GLASS &SIGNS REPAIR& MAINTENANCE SUPPLIES 112.60 CROW RIVER PRESS INC PRINTING & PUBLISHING 887.14 CR0W RIVER VET HOSPITAL PA OTHER CONTRACTUAL 38.48 CULLIGAN -METRO OPERATING SUPPLIES 190.00 CZECH, RANDY TRAVEL SCHOOL CONFERENCE 8,901.80 DAY DISTRIBUTING COST OF SALES-BEER 26.86 DOMINO'S PIZZA OPERATING SUPPLIES 1,425.00 DONOHUE & ASSOCIATES PROFESSIONAL SERVICES 2,366.06 DPC INDUSTRIES INC CHEMICALS & PRODUCTS 82.75 DROP -N -GO SHIPPING, INC RECEIVED NOT VOUCHERED 729.38 DYNA SYSTEMS RECEIVED NOT VOUCHERED 397.20 E2 ELECTRICAL SERVICES INC PROFESSIONAL SERVICES 125.04 ECOLAS PEST ELIM RECEIVED NOT VOUCHERED 123.38 ECONO FOODS OPERATING SUPPUES 171.40 ERLANDSON, ANDREW TRAVEL SCHOOL CONFERENCE 153.00 EVERETT& VANDERWIEL PLLP PROFESSIONAL SERVICES 100.50 EXTREME BEVERAGE LLC COST OF MIX & SOFT DRINKS 187.14 FARMER BROTHERS COFFEE OFFICE SUPPLIES 161594 8/24/2010 616.23 FASTENAL COMPANY OPERATING SUPPLIES 161595 8/24/2010 638.00 FINNELL, RYAN OTHER CONTRACTUAL 161596 8/24/2010 7,720.65 FREMONT INDUSTRIES, INC CHEMICALS & PRODUCTS 161597 8/2412010 74.54 G &KSERVICES OPERATING SUPPLIES 161598 8/24/2010 12,644.10 GARICK CORPORATION RECEIVED NOT VOUCHERED 161599 8/24/2010 3,200.00 GAVIN, OLSON & WINTERS, LTD PROFESSIONAL SERVICES 161600 8/24/2010 142.44 GLACIAL RIDGE WINERY COST OF SALES -WINE 161601 8/24/2010 546.90 GRAINGER EQUIPMENT PARTS 161602 8/24/2010 200.00 GRAND PERE WINES INC COST OF SALES -WINE 161603 8/24/2010 176.00 GRUNZKE, MATT OTHER CONTRACTUAL 161604 8/24/2010 264.00 GUNDERSON, MICHAEL OTHER CONTRACTUAL 161605 8/24/2010 2,417.00 HANSEN DIST OF SLEEPY EYE COST OF SALES -BEER 161606 8/24/2010 165.00 HANSEN GRAVEL WASTEWATER TREATMENT 161607 8/24/2010 2,074.22 HAWKINS INC CHEMICALS & PRODUCTS 161608 8/24/2010 117,114.54 HEALTH PARTNERS EMPL.HEALTH & INS. BENEFIT 161609 8/24/2010 88.00 HEMMAH, ALEXANDER OTHER CONTRACTUAL 161610 8/24/2010 264.00 HEMMAH, LLOYD OTHER CONTRACTUAL 161611 8/24/2010 404.14 HENRYS FOODS INC FOOD PRODUCTS- CONCESSION 161612 8/24/2010 130.21 HILLYARD /HUTCHINSON OPERATING SUPPLIES 161613 8/24/2010 255.22 HIRSHFIELD'S INC REPAIR& MAINTENANCE SUPPLIES 161614 8/24/2010 295.00 HOLT MOTORS INC CENTRAL GARAGE REPAIR 161615 8/24/2010 550.00 HOLT TOUR &CHARTER OTHER CONTRACTUAL 161616 8/24/2010 200.00 HRA HRA TRANSFER 161617 8/24/2010 58.17 HUTCH SPORT SHOP OPERATING SUPPLIES 161618 8/24/2010 8,388.13 HUTCHINSON CO -OP MOTOR FUELS & LUBRICANTS 161619 8/24/2010 1,144.57 HUTCHINSON CO -OP AGRONOMY CHEMICALS & PRODUCTS 161620 8/24/2010 37.24 HUTCHINSON EVENT CENTER COMMUNICATIONS 161621 8/24/2010 3,057.57 HUTCHINSON LEADER ADVERTISING 161622 8/24/2010 813.91 HUTCHINSON PLUMBING & HEATING CONTRACT REPAIR & MAINTENANCE 161623 8/24/2010 90,840.15 HUTCHINSON UTILITIES UTILITIES 161624 8/24/2010 397.58 HUTCHINSON WHOLESALE EQUIPMENT PARTS 161625 8/24/2010 3,591.89 HUTCHINSON, CITY OF REFUSE - RECYCLING 161626 8/24/2010 9.17 INDEPENDENT EMERGENCY SERVICES COMMUNICATIONS 161627 8/24/2010 171.75 INDIANHEAD SPECIALTY CO OPERATING SUPPLIES V 161628 8/24/2010 19.02 INTERSTATE BATTERY SYSTEM MINN EQUIPMENT PARTS 161629 8/24/2010 3,648.24 JEFF MEEHAN SALES INC. ACCURED COMMISSIONS PAYABLE 161630 8/24/2010 788.14 JEFF'S ELECTRIC CONTRACT REPAIR & MAINTENANCE 161631 8/24/2010 812.60 JJ TAYLOR DIST OF MN COST OF SALES -BEER 161632 8/24/2010 16,161.62 JOHNSON BROTHERS LIQUOR CO. COST OF SALES -WINE 161633 8/24/2010 211.20 KDUZ KARP RADIO ADVERTISING 161634 8/24/2010 262.00 KDUZ KARP RADIO ADVERTISING 161635 8/24/2010 211.20 KDUZ KARP RADIO ADVERTISING 161636 8/24/2010 24.38 KILIAN, ERIC TRAVEL SCHOOL CONFERENCE 161637 8/24/2010 33.00 KLOSS, TOM COMMUNICATIONS 161638 8/24/2010 8,300.00 KNICK, JESSE & SAMANTHA HOUSING REHAB LOANS 161639 8/24/2010 2,669.31 KNIFE RIVER CONTRACT REPAIR & MAINTENANCE 161640 8/24/2010 553.50 KOHLS SWEEPING SERVICE RECEIVED NOT VOUCHERED 161641 8/24/2010 103.24 KUSSMAUL ELECTRONICS CO REPAIR& MAINTENANCE SUPPLIES 161642 8/24/2010 2,496.64 L & P SUPPLY CO CENTRAL GARAGE REPAIR 161643 8/24/2010 199.47 LAKES GAS CO. UTILITIES 161644 8/24/2010 20.00 LARSON, QUENTIN REFUNDS & REIMBURSEMENTS 161645 8/24/2010 500.00 LEAGUE OF MN CITIES -INS TRUST INSURANCE- DEDUCTIBLE COST 161646 8/24/2010 134.00 LEXISNEXIS OTHER CONTRACTUAL 161647 8/24/2010 200.00 LINDER BUS COMPANY OTHER CONTRACTUAL 161648 8/24/2010 330.00 UNGL, MARK OTHER CONTRACTUAL 161649 8/24/2010 18,777.70 LOCHER BROTHERS INC COST OF SALES -BEER 161650 8/24/2010 288.00 LOGIS DUE FROM UTILITIES 161651 8/24/2010 219.00 LORMAN EDUCATION SERVICES TRAVEL SCHOOL CONFERENCE 161652 8/24/2010 3,433.19 LYNDE & MCLEOD INC RECEIVED NOT VOUCHERED 161653 8/24/2010 1,335.92 MATTHEW BENDER & CO., INC OPERATING SUPPLIES 161654 8/24/2010 464.50 MAYTAG LAUNDRY & CAR WASH. PROFESSIONAL SERVICES 161655 8/24/2010 56.00 MCLEOD COUNTY ASSESSOR PROFESSIONAL SERVICES 161656 8/24/2010 500.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 161657 8/24/2010 250.00 MCLEOD COUNTY COURT AOMINISTRA OTHER REVENUES 161658 8/24/2010 400.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 161659 8/24/2010 300.00 MCLEOD COUNTY COURT ADMINISTRA OTHERREVENUES 161660 8/24/2010 70.00 MCLEOD COUNTY COURT ADMIN15TRA MISCELLANEOUS 161661 8/24/2010 70.00 MCLEOD COUNTY COURT ADMINISTRA MISCELLANEOUS 161662 8/24/2010 161663 8/24/2010 161664 8/24/2010 161665 8/24/2010 161666 8/24/2010 161667 8/24/2010 161668 8/2412010 161669 8124/2010 161670 8/24/2010 161671 8/24/2010 161672 8/24/2010 161673 8/24/2010 161674 8/24/2010 161675 8/24/2010 161676 8/24/2010 161677 8/24/2010 161678 8/24/2010 161679 8/24/2010 161680 8/24/2010 161681 8/24/2010 161682 8/24/2010 161683 8/24/2010 161684 8/24/2010 161685 8/24/2010 161686 8/24/2010 161687 8/24/2010 161688 8/24/2010 161689 8/24/2010 161690 8/24/2010 161691 8/24/2010 161692 8/24/2010 161693 8/24/2010 (� 161694 8/24/2010 }� 161695 8/24/2010 35.00 MCLEOD COUNTY SENIOR EXPO MISCELLANEOUS 344.18 MEEKER WASHED SAND &GRAVEL RECEIVED NOT VOUCHERED 495.38 MENARDS HUTCHINSON REPAIR & MAINTENANCE SUPPLIES 324.00 MERKINS, ANDREW OTHER CONTRACTUAL 5,764.84 MIDWEST PLAYSCAPES INC. OPERATING SUPPLIES 157.68 MINI BIFF RENTALS 93.00 MINNEAPOLIS, CITY OF OTHER CONTRACTUAL 60.00 MINNESOTA DEPT OF LABOR & INDU LICENSES & TAXES 10.00 MINNESOTA DEPT OF LABOR & INDU LICENSES & TAXES 10.00 MINNESOTA DEPT OF LABOR & INDU DUES & SUBSCRIPTIONS 60.00 MINNESOTA DEPT OF LABOR &INDU SAFETY SUPPLIES 10.00 MINNESOTA DEPT OF LABOR & INDU REPAIR & MAINTENANCE SUPPLIES 10.00 MINNESOTA DEPT OF LABOR &INDU DUES & SUBSCRIPTIONS 85.00 MINNESOTA DEPT OF LABOR &INDU TRAVEL SCHOOL CONFERENCE 225.00 MINNESOTA FIRE SERVICE CERTIF TRAVEL SCHOOL CONFERENCE 56.45 MINNESOTA SHREDDING OTHER CONTRACTUAL 7,416.11 MINNESOTA UNEMPLOYMENT INSURAN UNEMPLOYMENT INSURANCE 2,418.40 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 250.00 MN GFOA TRAVEL SCHOOL CONFERENCE 24.57 MORAN USA, LLC COST OF SALES -MISC 76.00 MORROW, KIM OTHER REVENUES 355.00 NICOLLET COUNTY COURT AOMIN OTHER REVENUES 238.00 NORTHERN LIGHTS BROADCASTING ADVERTISING 108.31 NORTHERN SAFETY & INDUSTRIAL SAFETY SUPPLIES 55.29 NU TELECOM /ATTN KAREN COMMUNICATIONS 21,981.60 NU- TELECOM MISCELLANEOUS 19.75 NYBERG, CAROLINE MISCELLANEOUS 301.57 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR 30.00 OBERG, APRIL OTHER CONTRACTUAL 37.00 OFFICE OF ENTERPRISE TECHNOLOG TELEPROCESSING EQUIP 296.57 OLSON'S LOCKSMITH 27.75 PENKE, JACKIE OFFICE SUPPLIES 11,759.62 PHILLIPS WINE &SPIRITS COST OF SALES- LIQUOR 263.00 PIONEER SIGNS & STRIPPING MATERIALS 161696 8/24/2010 37,007.75 PIONEERIAND LIBRARY SYSTEM OTHER CONTRACTUAL 161697 8/24/2010 21.44 POSITIVE ID INC MISCELLANEOUS 161698 8/24/2010 1,333.80 PRO CARE SERVICES INC CONTRACT REPAIR & MAINTENANCE 161699 8/24/2010 35.45 PRO -BUILD REPAIR & MAINTENANCE SUPPLIES 161700 8/24/2010 11,858.90 QUALITY WINE & SPIRITS CO. COST OF SALES -BEER 161701 8/24/2010 1,301.60 R.J.L. TRANSFER FREIGHT 161702 8/24/2010 18.00 RASMUSSEN, ANDY OTHER CONTRACTUAL 161703 8/24/2010 111.91 RBSCOTT EQUIPMENT RECEIVED NOT VOUCHERED 161704 8/24/2010 339.80 RECREONICS OPERATING SUPPLIES 161705 8/24/2010 136.59 REINER IRRIGATION & SEPTIC INC REPAIR & MAINTENANCE SUPPLIES 161706 8/24/2010 162.50 RUNKE, DOREEN OTHER CONTRACTUAL 161707 8/24/2010 313.26 RUNNING'S SUPPLY MOTOR FUELS & LUBRICANTS 161708 8/24/2010 177.95 SALTMAN LLC REPAIR & MAINTENANCE SUPPLIES 161709 8/24/2010 338.37 SAM'S TIRE SERVICE RECEIVED NOT VOUCHERED 161710 8/24/2010 3,421.90 SCHMEUNG OIL CO RECEIVED NOTVOUCHERED 161711 8/24/2010 64.20 SCOTT'S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 161712 8/24/2010 8,244.65 SEH PROFESSIONAL SERVICES 161713 8/24/2010 125.00 SHAW, KAREN PROFESSIONAL SERVICES 161714 8/24/2010 12.80 SHOPKO OPERATING SUPPLIES 161715 8/24/2010 84.44 SORENSEN'S SALES & RENTALS RENTALS 161716 8/24/2010 52.96 SPS COMMERCE OPERATING SUPPLIES 161717 8/24/2010 323.84 STANDARD PRINTING PRINTING & PUBLISHING 161718 8/24/2010 146.88 STRATEGIC EQUIPMENT OPERATING SUPPLIES 161719 8/24/2010 54.19 SUBWAY WEST OPERATING SUPPLIES 161720 8/24/2010 894.72 TASC FLEX ADMINISTRATION FEE 161721 8/24/2010 1,072.00 TASC HRA ADMINISTRATION FEE 161722 8/24/2010 8.29 TEK MECHANICAL REPAIR & MAINTENANCE SUPPLIES 161723 8/24/2010 535.87 TESSMAN SEED CO SIGNS & STRIPPING MATERIALS 161724 8/24/2010 562.02 THOMSON WEST OPERATING SUPPLIES 161725 8/24/2010 42.74 TOTAL FIRE PROTECTION VEHICLE RENT 161726 8/24/2010 1,896.76 TRI COUNTY WATER OPERATING SUPPLIES 161727 8/24/2010 3,848.00 TWIN CITY PALLETS INC. RECEIVED NOT VOUCHERED 161728 8/24/2010 582.47 UHLCOMPANY CONTRACT REPAIR & MAINTENANCE 161729 8/24/2010 609.55 UPSTART OPERATING SUPPLIES 161730 161731 161732 161733 161734 161735 161736 161737 161738 161739 161740 161741 161742 161743 161744 161745 161746 161747 161748 161749 161750 8/24/2010 13.48 VALLEY NATIONAL GASES LLC 8/24/2010 74.76 VERTECH SOLUTIONS & SERVICES 8/24/2010 18,483.15 VIKING BEER 8/24/2010 841.70 VIKING COCA COLA 8/24/2010 38.00 VIKING SIGN & GRAPHICS INC 8/24/2010 1,705.90 VINOCOPIA INC 8/24/2010 2,204.03 WASTE MANAGEMENT OF WI -MN 8/24/2010 1,736.02 WATSON BOWMAN ACME CORP 8/24/2010 60.00 WELCOME NEIGHBOR 8/24/2010 22.00 WILLARD, ALI 8/24/2010 1,407.25 WINE MERCHANTS INC 8/24/2010 7,869.76 WIRTZ BEVERAGE MINNESOTA 8/24/2010 612.00 WOODLAND HILL VINEYARDS LLC 8/24/2010 2,608.20 WORK CONNECTION, THE 8/24/2010 779.38 XEROX CORP 8124/2010 36.00 ZELM, KYLE 8/24/2010 110.23 ZIEGLER INC 8/24/2010 379.59 ZWILLING, TROY 8/24/2010 76.61 AMERICAN FAMILY INS CO. 8/24/2010 500.79 H.A.R.T. 8/24/2010 512.00 NCPERS LIFE INS. 592,507.45 Grand Total Payment Instrument Totals Check Total 592,507.45 Total Paymen 592,507.45 OPERATING SUPPLIES CONTRACT REPAIR & MAINTENANCE COST OF SALES -MISC FOOD PRODUCTS- CONCESSION SIGNS & STRIPPING MATERIALS COST OF SALES -WINE REFUSE - RECYCLING CONTRACT REPAIR & MAINTENANCE ADVERTISING OTHER CONTRACTUAL COST OF SALES -WINE COST OF SALES -WINE COST OF SALES -WINE OTHER CONTRACTUAL COPY MACHINE OTHER CONTRACTUAL RECEIVED NOT VOUCHERED TRAVEL SCHOOL CONFERENCE ACCRUED LIFE INSURANCE ACCRUED DEFERRED COMP ACCRUED LIFE INSURANCE # # # # # # ## 1024:06 Page - ELECTRONIC FUNDS TRANSFERS COUNCIL MEETING 08/24/2010 TAX FUND FUEL HATS LIQUOR LIQUOR LIQUOR LIQUOR SALES PRCE CIVIC ARENA SALES & USE TAX WATER SEWER CREEKSIDE PAYABLE TO AMOUNT MN DEPT OF REV $1,943.70 MN DEPT OF REV $47,968.00 MN DEPT OF REV $4,051.00 MN DEPT OF REV $2,775.00 MN DEPT OF REV $12,456.00 PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 08/13/2010 Period Ending Date: 08/07/2010 $61,249.15 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $11,841.12 $39,228.60 $4,802.45 $400.00 $1,339.60 $2,141.15 $1,247.37 $122,249.44 MN Department of Revenue State Withholding Tax Public Employee Retirement Association Employee /Employer PERA/DCP Contributions TASC Employee Flex Spending Deductions MNDCP Employee Contributions - Deferred Comp ING Employee Contributions - Deferred Comp ICMA Retirement Trust Employee Contributions - Deferred Comp MN Child Support System Employee Deductions Total Electronic Funds Transfer RESOLUTION NO. 13778 • A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED GRANTING OF A ONE YEAR EXTENTION FOR CUSTOMER ELATION TO ACHIEVE JOB CREATION GOALS WHEREAS, Minnesota Statutes 116J.994 Subd.6 allow grantors of a public subsidy to grant an extension of up to one year for a recipient to achieve its job creation goals, following a public hearing, and; WHEREAS, Customer Elation has thus far created 85 of its required 100 FTE jobs; THEREFORE BE IT RESOLVED by the City Council of the City of Hutchinson, that a public hearing on a proposal to grant an extension of up to one year for Customer Elation to achieve its job creation goals is hereby called and shall be held on September 14th at 6:00 PM, at the City of Hutchinson Council Chambers, located at City Center, 111 Hassan Street SE, Hutchinson, Minnesota. Adopted by the City Council this 24th day of August, 2010, 1] ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor q ��) An Economic Development Authority MEMORANDUM Date: August 19, 2010 To: Honorable Mayor & City Council From: Miles R. Sepp I EDA Director RE: Public Hearing on Business Subsidies for Customer Elation Approximately two years ago the City of Hutchison provided public assistance to Customer Elation on the condition that they create 100 full -time (or full -time equivalent) jobs within two years. Thus far Customer Elation has created only 85 of the required 100 FTE jobs. Minnesota's Business Subsidy law requires the company repay the assistance it received on an accelerated basis, unless the city grants a one -year extension for Customer Elation to create the required 100 jobs. To grant the extension, a public hearing is required, and a resolution to that effect must be passed by the City Council. Since Customer Elation came to Hutchinson it has been a very good corporate citizen and has been hiring on a consistent basis since it opened. There is no doubt that it will create the 100 jobs required, and ultimately go far beyond that number of employees. A one -year extension is therefore being requested to allow the company to hit its job creation target. I will have a short presentation and additional details at the City Council meeting Tuesday. In the meantime, if you have any questions or need additional information, please give me a call at 234 -4223. Thank you for your time and consideration 9 1q,� RESOLUTION NO. 13777 RESOLUTION APPROVING A ONE -YEAR EXTENTION FOR CUSTOMER ELATION TO ATTAIN JOB CREATION GOALS WHEREAS, the City of Hutchinson has provided business subsidies to Customer Elation on the understanding that 100 full -time or full -time equivalent jobs would be created with two years of opening, and; WHEREAS, Customer Elation has thus far created 85 full -time equivalent jobs and continues to hire new employees, and; WHEREAS, Minnesota Statutes 116J.994 (Subd. 6) gives the City the authority to grant a one -year extension to allow the company to meet its wage and job creation goals, and; WHEREAS, the City Council of the City of Hutchinson finds that it is in the best interests of the city and community to grant such an extension, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, Hereby approves a one -year extension for Customer Elation to create 100 full -time or full - time equivalent jobs. Adopted by the City Council this 20 day of August 2010. ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor V] bp'� i TO: Mayor and City Council Members FROM: Kent Exner, Director of Public Works RE: Energy Efficiency Project DATE: 8/16/2010 The city has been notified by the Minnesota Office of Energy Security that they intend to award grand funding to the city. The Energy Efficiency and Conservation Block Grant award of $100,000 and the Facility Cost Share Grant award of $39,054 must be used to complete efficiency improvements that were identified in the grant applications. The grant agreements need to be executed before work on the project can begin. A project summary has been developed by Ameresco and is attached. The summary provides an overview of the project through the many different phases of development. It includes a project budget and the financial impact of rebates, grants, and guaranteed project savings. Consideration of executing a Letter of Intent (LOI) with Ameresco is the next step. It is attached for your review and consideration. The LOI will allow city staff to work with Ameresco to develop the final project agreement. Once the agreement has been drafted the council will have the opportunity to review it before the notice to award the project is published. City staff welcomes your comments and will assist the council in any way we can. � c�o) Letter of Intent The City of Hutchinson ( "City") has reviewed Ameresco, Inc.'s ( "Ameresco ") Project Proposal dated February 17, 2010, which was completed and delivered as described in the Project Development Agreement between the City and Ameresco dated October 14, 2009. The City has selected certain improvement measures and desires to complete a project. The City has chosen Ameresco as their provider to implement these measures under a guaranteed energy- savings contract in accordance with Minnesota Statute 471.345. The City intends, but is not obligated to enter into an agreement with Ameresco, based on the following criteria: A. Ameresco shall prepare all necessary documents in accordance with the requirements of the City's legal counsel. B. Ameresco shall provide services as selected by the City within the Project Proposal dated February 17, 2010 and/or such other services as mutually agreed to and documented in the definitive agreement to be executed by the parties. C. The definitive agreement may be awarded after the City publishes notice of the meeting in which it proposes to award the contract to Ameresco. This award shall occur at a formally scheduled City Council Meeting. D. The selected improvement measures shall cost the City approximately $375,114 and the annual savings shall be approximately $32,571. The final costs and savings will be mutually agreed to and documented in the definitive agreement executed by the parties. E. Upon the signing of the definitive agreement, Ameresco shall provide continued assistance to the City in obtaining energy conservation grants and utility rebates during the term of the definitive agreement. CITY OF HUTCHINSON Authorized Signature Name Title Date AMERESCO, INC. Authorized Signature Name Title Date STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its commissioner of Commerce ( "State ") and City of Hutchinson, l I 1 Hassan Street SE, Hutchinson, MN 55350-2522 ( "Grantee's. Recitals 1. Under Minnesota Statute §216C.02 Subdivision 1, the State is empowered to enter into this grant. 2. The State is in need of assistance in the promotion of renewable energy resources. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract 1 Term of Grant Contract 1.1 Effective date: 8/30/2010, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: 03/31/2011, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Govemment Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; 15. Data Disclosure; and Exhibit A, Section C. 2 Grantee's Duties The Grantee, who is not a state employee, will execute the duties set forth in Exhibit A, incorporated herein by reference. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1. Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: 4.1.1. Compensation. The Grantee will be paid the lesser of One Hundred Thousand dollars ($100,000.00) or Fifty -Eight and Thirteen Hundredths of a percent (58.13 %) of actual eligible costs incurred in the performance of the Grantee's duties according to the breakdown of costs contained in the grant budget (Exhibit B) which is attached to and incorporated into this grant contract. 4.1.2. Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed Zero dollars ($ 0.00); provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. 4.1.3. Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed One Hundred Thousand dollars ($100,000.00) or Fifty -Eight and Thirteen Hundredths of a percent (58.13 %) of the total actual, eligible costs incurred in the performance of the Grantee's duties specified in Exhibit A. 4.2. Matching Requirements. The Grantee certifies that the following matching requirement for the grant contract will be met by Grantee: No less than Forty-One and Eighty -Seven Hundredths of a percent (41.87 %) of the total actual, eligible costs incurred in the performance of the Grantee's duties specified in Exhibit A. G -City of Hutchinson - Commerce G=t (Rev. 11/08) 1 /) Payment 4.2.1. Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the schedule as outlined in Exhibit A. 4.2.2. Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through Title III, part D, of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq. and amendments thereto; CFDA No. 81.128. Payments under this grant contract also include funding from the American Recovery and Reinvestment Act of 2009 (ARRA). The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Bruce Nelson, Senior Engineer, 651- 297 -2313, or their successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Gary Plotz, City Administrator, 320 - 234 -5612, or their successor. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. G -City Hutchinson - Commerce � 2 Grant (Rev. v. 11/08) 1/08) 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 10.2. Intellectual Property Rights. Grantee represents and warrants that materials produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys' fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in Grantee's or the State's opinion is likely to arise, Grantee shall, at the State's discretion, either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1. Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2. Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the STATE. The STATE may cancel this grant contract at anytime, with or without cause, upon 30 days written notice to the GRANTEE. Upon termination, the GRANTEE will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. G -City of Hutchinson - Commerce ' ( J � �`\ Grant (Rev. 11/08) 14.2 Termination for Cause. The STATE may cancel this Grant Contract immediately if the STATE finds that there has been a failure to comply with the provisions of this Grant Contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The STATE may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination jor /nsujTicient Funding. The State may immediately terminate this Grant Contract if 1) funding for Grant No. DE- EE0000757 is withdrawn by the US Department of Energy; 2) it does not obtain funding from the Minnesota Legislature, or other funding source; or 3) if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Grant Contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16 Davis -Bacon Act (DBA) Requirements Section 1606 of ARRA requires that all laborers and mechanics employed by contractors and subcontractors on construction, alteration, or repair projects funded directly by or assisted in whole or in part by ARRA Funds shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter W of chapter 31 of title 40, United States Code). Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 USC 3145, the United States Department of Labor has issued regulations 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Wage determinations can be found at: www.wdol.gov and additional information on DBA Requirements can be found at: www.dol.gov /csa/whd. This contract does not explicitly or implicitly require that a scope of work proposed to satisfy the outcomes of the Grantee's Program must include activities of a nature and scope that require DBA compliance. However, if proposed work includes such activities, the state will hold the Grantee responsible for all federal requirements involving DBA wages and reporting. It is the responsibility of the Grantee to determine if DBA wages will apply to their program. 17 Waste Management Plan The Grantee is required to comply with all Federal, state and local regulations for waste disposal for projects funded through the Grantee's program. Loan recipients must address waste generated by the project, if applicable, and describe the plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light bulbs, lead paint, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos) generated as a result of the project. 18 Compliance with National Historic Preservation Act Prior to the expenditure of federal funds, if applicable, projects must be evaluated to determine if they are subject to review under Section 106 of the National Historic Preservation Act (NHPA) of 1966 (36CFR 800). Section 106 applies to projects that may affect properties listed in or eligible for listing in the National Register of Historic Places. Properties meeting the following criteria will be subject to Section 106 review: • Is at least 45 years old; and • Listed in or eligible for listing in the NRHP (either individually or as part of a district); G -City of Hutchinson - Commerce blsp� 4 Grant(Rev. 11/08) • Any project involving ground disturbing activity (excavation, utility installation, etc.). It is the responsibility of the Grantee to provide information needed to complete the Section 106 evaluation. Intentional efforts to circumvent these requirements by altering or damaging a historic property that is a candidate for federal grant funding will be construed as "anticipatory demolition' as defined in section 110k of the NHPA as follows: Section 110 [16 U.S.C. 470h -2(k) Anticipatory demolition]; (k) Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the requirements of section 106 of this Act, has intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the agency, after consultation with the [Advisory Council on Historic Preservation], determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. Initiating a grant funded project before reviews required under Section 106 of the NHPA have been completed may cause significant delays in the release of grant funds, require negotiated mitigation, or result in an outright loss of federal funding. 19 Disadvantaged Business Enterprises Projects funded in whole or in part from funds received by the Grantee directly from this grant contract must, to the extent practicable, ensure that bidding contractors are qualified and participate in available apprentice and training programs for all work performed. Bidding for contracts must, to the extent practicable, use the process established in Minnesota Statutes, section 16C.16, subdivision 4, 5, 6 and 7, except that subdivision 12 does not apply. 20 Buy American The Grantee confirms that, if applicable, it is in compliance with the Buy American provision in the American Reinvestment and Recovery Act of 2009 (ARRA) (Section 1605 of Title XI) which directs that, subject to certain exceptions, no funds appropriated or otherwise made available for a project may be used for the construction, alteration, maintenance, or repair of a public building or public work unless all the iron, steel, and manufactured goods used are produced in the United States. A Grantee requesting a determination regarding the inapplicability of the Buy American restrictions for lack of quantity or quality, increase of cost of the project by more than 25 percent, or inconsistency with the public interest, must be submitted to the State prior to the execution of the grant agreement. The prospective Grantee shall include the information and applicable supporting data required by 2 CFR 176.140(c) and (d) in the request. Exceptions must be approved by the State and the United States Department of Energy. Additional information, including category exclusions and exceptions, on Buy American can be found at: wwwl .eere. energy. gov / recovery/buy_american_provision.htm I. Continued on the next page. G -City of Hutchinson - Commerce Grant (Rev_ n /OA) b1�5 21 Reporting Section 1512 of the American Recovery and Reinvestment Act of 2009 (ARRA) states recipients of "Recovery Act funds must comply with the extensive reporting requirements." The GRANTEE must submit progress reports detailing the progress and tasks completed of the grant agreement funded in whole, or in part, with ARRA funding including percent of project completion to the STATE by the 5th day of each month for the preceding month's work. If a GRANTEE does not comply with this requirement the STATE reserves the right to withhold funding. 1. STATE ENCUMBRANCE VERIFICATION 3. MN DEPARTMENT OF COMMERCE Individual certifies that funds have been encumbered as Individual certifies thatfutds have been encumbered as required by Minn Stat. §§ 16A. 15 and 160.05 required by Minn. Slat. §§ 16A.15 and 160.05. Signed: By: Date: Title: CFMS: Date: 2. CITY OF HUTCHINSON The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Distribution: MN Dept. of Commerce, Accounting Dept. T Grantee Title: State's Authorized Representative (copy) Date: By: Title: Date: G -City of Hutchinson - Commerce (I 6 Grant (Rev. 11/08) l.X�� Exhibit A Grantee's Duties A. GRANTEE shall do all things necessary to complete the following tasks: T"i1 kit Annrove&Measures and Pundina. ' Grant= s' Matcb : ' TotaV, Hate 1 Hutchinson CreekSide Soils facility: Replace 42 Hi -bay fixtures with fluorescents and replace 40OW MH fixture with T81-10 $19,336 $13,928 $33,264 03/31/11 2 Hutchinson Area Transport. Services: Replace 46 Hi -bay fixtures with fluorescents and replace 40OW MH fixture with T81-10 $16,573 $11,939 $28,512 03/31/11 3 Hutchinson Police Department: Replace 32 4 -lamp T8 fixtures with 3 -lamp 28W and replace 55 2-lamp T8 fixtures with 28W $3,546 $2,555 $6,101 03/31/11 4 Hutchinson Public Library: Relamp 360 32W lamps to 28W and replace 40OW MH lamp with a 320W PS MH $4,145 $2,985 $7,130 03/31/11 g Hutchinson Evergreen Dining Hall: Replace 42 decorative lamp fixtures with 28W, replace 2 - vanity lamps with 16W lamps, and replace 16 T -12 fixtures with T -828W $1,710 $1,230 $2,940 03/31/11 6 Hutchinson Events Center: Relamp 140 fixtures with 28W and relamp 38 32W fixtures with 28W $9,400 $6,770 $16,170 03131/11 7 Hutchinson water treatment facility: Install variable frequency drives on 2 motors $45,290 $32,620 $77,910 03/31/11 Total Cost $100,000 $72,027`: ^$172,02 -tj B. Eligible Costs Eligible costs include necessary and reasonable costs incurred for subcontractors to: 1. Design, acquire, install and commission measures specified in Table 1; and 2. Remove, store, transport and dispose of waste materials generated. Eligible costs include actual costs incurred by subcontractors. Other expenses may be eligible only if pre- approved in writing by the State's Authorized Representative. Please note: A DUNS number is required for any subcontractor receiving direct funding from this grant agreement totaling $25,000 or more. C. Payments- Reporting Grantee shall submit monthly progress reports and payment requests for reimbursement of eligible costs incurred not later than the 5h day of each month for the preceding month's work. Grantee shall submit progress reports and payment requests on the form provided as Exhibit B of this grant agreement. Grantee further agrees to maintain and provide energy consumption data for the building being improved through the B3 public building benchmarking database by: a) entering base line data for the year prior to the grant agreement; and b) entering monthly data for a period of three years after the energy efficiency improvements(s) have been made. D. Acceptance Testing Documentation (If Applicable) Grantee shall submit to Office of Energy Security (DES) acceptance testing documentation required by Minnesota Rules Part 1323.0672, Subpart 3, for modifications to heating, ventilating and/or air conditioning systems. Final G -City of Hutchinson - Commerce 7 Grmt (Rev. 11/08) reimbursement for these types of modifications will not be made until the acceptance testing documentation is received by OES. E. Promotional Materials All promotional and informational materials distributed by or for the Grantee shall contain the following statement: "This project was made possible by a grant from the U.S. Department of Energy and the Minnesota Department of Commerce through the American Recovery and Reinvestment Act of 2009 (ARRA)," unless this requirement is waived in writing by the State. G -City of Hutchinson - Commerce ' (J-6) Grant (Rm 11/08) SAMPLE ONLY d G -City of Hutchinson - Commerce Gant (Rev. 11/08) Exhibit B p�poftce of . '3r�cuiiy Date: — ,t-Progress Report and Payment Request # GRANTEE: My of Hutchinson Grant % 5a135i Reporting Month (FMSiS Match % alsi% Gnat FuM Inm Fatimafetl Ytl TatalCoat IYtalllv{p, ToW Cpst Gtant GnnI FUMS Payua#.dfp Y Approved Meson Curt Cast To Dab Minru MWnft. Fli{iWa Pyd to Dan ft. Petted ItiutNinaon C -..WeS U. faihl: natd— 62 t4- Ory It.— WtA Fla.-.. anal -0— "W MA 'Mu. with TelD $ 331164 $ - $ - $ - $ - $ - - I1Wjn..MaTratvt .SeMws: lYPlwK Xi -iny lisr rW replan ixtum ifluartsnnb GOmN MX.i iMTLM) $ 2$512 $ - $ - $ - $ - $ - - 3NuooiOfi Polio Mp .. lamp, -1—P t,od pl0. iMf 23y/ar,d nPlraX 73taxur .va 2- hmpsonPunF Uli,It 5 6.ID1 $ - $ - $ - $ - $ - - s Xutdtie Pubnc Derwy: PelmpYd 33W and tozBW area nplaw CWM MX lamp wiN a3LM/ WJV PSMH $ T.M $ - $ - $ - $ - $ - $ - $ - 5 NutNimon Ews{saen Moats Xall: R&M. 62 decaatiw lamp natures wt%21M'. replan 2 vanity lamp wM l6W lamps, r nyaw Ib T -12 fizWrea vrlth ra AW $ 4W $ - 5 - 5 - $ - 6 IWbAituen Ewntl Cmur: Palace' 1M1 to.. rNn zaw aw nl.np 32 3E Baton. wu 2aW 5 142TD $ - $ - ; - S - 5 - 5 - $ - T HutOrimon vaaartnapmnt farlliry: Instal vyia61e ln9aanW tlriwson3mobn $ 71.9N $ $ ...-:.... e.... ca....ur.u......r._.av�.�. -.. -- ....._.:._. >.w..a ...- .e,,.: _ __.ye::oswv�_:c�._. .... _, _... .. ... . -.:.. a5. 5 nb NS Nobs Nm Meaw.Xn NeuYy f w Tobl Y Apptaa,d Meson ft w d Thia Wnod wooF Hrs :,,..:,...,.:: ......_,.:ya.nsrwraaa>'-- -..... _._.,,. ��v_.�w . va., r-_.. ..._�•..- ...ze:•s�c�..rr:,_ +a.. ._ - Gstiflwben 1 Huttltisuon CrteMide $oibbdlie{ Replan C2 eY- ,tiry drat, [o me best of my Ynowledpe• tFe in(ortnation pmsiGetl Nerein is tme. by TnMnF wiYl flygaFgnn iRp ryplaq gppW MXlirtrw wiN 1L1D - 21W[OSirmnMa7Fa.p SaMwF: Replw C6 N- loattft.. riN fivom—. and replan amaal MX fbtum addrt 51 {nature: 3 livad, en Pdiw Dept r Replan M4- lamp TR TizWna wiM }lyre 2yW aral replace ss Nynp Tafutweswitlraw ♦ Xwclrlrraon Polak Dbyy: R.lynp 360 ;N/ lyrpa MMW and replanLL MN lamp wifit a3MW Hame: PS MH 3 FWttltinson Ewrpaen Ilning XYI: Replan Q Mraadw I—P r.. witA 2➢W, np1ra2 vnlry lanes 16W leap, altl replae M T -E2 fi. -IWth T,SMW Tue. Dan: 6Wu jnoon Ewnts G.,, Mi., 1M1 fiaWnF with zBW mar ralamp 3R 32W futures viiM - T FYRdrlrnon rvaterev.. laofity: unowl yylaa.rrtawnw adwaanzrrwtan - - - G -City of Hutchinson - Commerce Grant (Rev. 11/08) 10 Exhibit C Clause L Davis Bacon Act and Contract Work Hours and Safety Standards Act. Definitions: For purposes of this clause, Clause 1, Davis Bacon Act and Contract Work Hours and Safety Standards Act, the following definitions are applicable: (1) "Award" means any grant, cooperative agreement or technology investment agreement made with Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance with the labor standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work performed by all laborers and mechanics employed by Recipients (other than a unit of State or local government whose own employees perform the construction) Subrecipients, Contractors, and subcontractors. (2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients' contractors, subcontractors, and lower -tier subcontractors. "Contractor" does not mean a unit of State or local government where construction is performed by its own employees." (3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) financial assistance instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub awards, contracts and subcontracts issued under financial assistance agreements. "Contract" does not mean a financial assistance instrument with a unit of State or local government where construction is performed by its own employees. (4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and who is responsible for the business management and non -program aspects of the financial assistance process. (5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the form of a grant, cooperative agreement, or technology investment agreement directly from the Federal Government and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award. (6) "Subaward" means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier Subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but does not include the Recipient's procurement of goods and services to carry out the program nor does it include any form of assistance which is excluded from the definition of "Award" above. (7) "Subrecipient" means a non - Federal entity that expends Federal funds received from a Recipient to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. (a) Davis Bacon Act (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or G -City of Hutchinson - Commerce ; t ( 11 Grant (Rev. 11 /08) t,I) mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(ax4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30 -day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (axl)(iixB) or (C) of this section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. G -City of Hutchinson - Commerce `Q�, 12 Grant (Rev. 11 /08) I (2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at hftp:// www. dol. gov /esa/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit them to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the G -City of Hutchinson - Commerce �\ 13 Grant (Rev. I1/08) J sponsoring government agency (or the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Department of Energy or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees- (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted G -City of Hutchinson - Commerce I gyp_\ 14 Grant (Rev. I1/08) (b) under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this Contract. (6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such other clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause. (7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. G -City of Hutchinson - Commerce O l r ^� 15 Grmt(Rev_IVOR) l✓ (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors), and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(l) of this section. (3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. G -City of Hutchinson - Commerce ' D CG� 16 Grant (Rev. 11/08) (5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the Contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. G -City of Hutchinson - Commerce 17 Grant (Rev. 11 /08) ` fv� ff^ � STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its commissioner of Commerce ( "State ") and City of Hutchinson, 111 Hassan Street SE, Hutchinson, MN 55350 -2522 ( "Grantee "). Recitals 1. Under Minnesota Statute §216C.02 Subdivision 1, the State is empowered to enter into this grant. 2. The State is in need of assistance in the promotion of renewable energy resources. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Grant Contract Term of Grant Contract 1.1 Effective date: 08/30/2010, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work 1.2 Expiration date: 6/30/2011, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; 15. Data Disclosure; and Exhibit A, Section C. 2 Grantee's Duties The Grantee, who is not a state employee, will execute the duties set forth in Exhibit A, incorporated herein by reference. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. Consideration and Payment 4.1. Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: 4.1.1. Compensation. The Grantee will be paid the lesser of Thirty -Nine Thousand Fifty -Four dollars ($39,054.00) or Fifty percent (50.00 %) of actual eligible costs incurred in the performance of the Grantee's duties according to the breakdown of costs contained in the grant budget (Exhibit A) which is attached to and incorporated into this grant contract. 4.1.2. Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed Zero dollars (S 0.00); provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. 4.1.3. Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed Thirty-Nine Thousand Fifty -Four dollars ($39,054.00) or Fifty percent (50.00 %) of the total actual, eligible costs incurred in the performance of the Grantee's duties specified in Exhibit A. 4.2. Matching Requirements. The Grantee certifies that the following matching requirement for the grant contract will be met by Grantee: No less than Fifty percent (50.00 %) of the total actual, eligible costs incurred in the performance of the Grantee's duties specified in Exhibit A. G -City of Hutchinson - Commerce T� Grmt (Rev. 08/10) D �� 4.3. Payment 4.3.1. Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the schedule as outlined in Exhibit A. 4.3.2. Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through Title II1, part D, of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq. and amendments thereto; CFDA No. 81.128. Payments under this grant contract also include funding from the American Recovery and Reinvestment Act of 2009 (ARRA). The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Abby Finis, Energy Programs Specialist, 651 - 296 -6205, or their successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Gary Plotz, City Administrator, 320 -234 -5612, or their successor. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this grant contract, or thew successors in office. 7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract. G -City of Hutchinson - Commerce ` Grant (Rev. 08110) f 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. 10.2. Intellectual Property Rights. Grantee represents and warrants that materials produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys' fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in Grantee's or the State's opinion is likely to arise, Grantee shall, at the State's discretion, either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1. Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2. Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30 days written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause. The State may cancel this Grant Contract immediately if the State finds that there has been a failure to comply with the provisions of this Grant Contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and G -City of Hutchinson - Commerce Grant (Rev. 08 /10) ) b L+�✓ requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding. The State may immediately terminate this Grant Contract if: 1) funding for Grant No. DE- EE0000757 is withdrawn by the US Department of Energy; 2) it does not obtain funding from the Minnesota Legislature, or other funding source; or 3) if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Grant Contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16 Davis -Bacon Act (DBA) Requirements Section 1606 of ARRA requires that all laborers and mechanics employed by contractors and subcontractors on construction, alteration, or repair projects funded directly by or assisted in whole or in part by ARRA Funds shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code). Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 USC 3145, the United States Department of Labor has issued regulations 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Wage determinations can be found at: www.wdol.gov and additional information on DBA Requirements can be found at: www.dol.gov /esa/whd. This contract does not explicitly or implicitly require that a scope of work proposed to satisfy the outcomes of the Grantee's Program must include activities of a nature and scope that require DBA compliance. However, if proposed work includes such activities, the state will hold the Grantee responsible for all federal requirements involving DBA wages and reporting. It is the responsibility of the Grantee to determine if DBA wages will apply to their program. 17 Waste Management Plan The Grantee is required to comply with all Federal, state and local regulations for waste disposal for projects funded through the Grantee's program. Loan recipients must address waste generated by the project, if applicable, and describe the plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light bulbs, lead paint, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos) generated as a result of the project. 18 Compliance with National Historic Preservation Act Prior to the expenditure of federal funds, if applicable, projects must be evaluated to determine if they are subject to review under Section 106 of the National Historic Preservation Act (NHPA) of 1966 (36CFR 800). Section 106 applies to projects that may affect properties listed in or eligible for listing in the National Register of Historic Places. Properties meeting the following criteria will be subject to Section 106 review: • Is at least 45 years old; and • Listed in or eligible for listing in the NRHP (either individually or as part of a district); • Any project involving ground disturbing activity (excavation, utility installation, etc.). It is the responsibility of the Grantee to provide information needed to complete the Section 106 evaluation. Intentional efforts to circumvent these requirements by altering or damaging a historic property that is a candidate for federal grant funding will be construed as "anticipatory demolition" as defined in section I 10k of the NHPA as G -City of Hutchinson - Commerce ` /� Grmt(Rev. 08/10) 1 uh., follows: Section 110 [/6 U.S.C. 470h -2(k) — Anticipatory demolition]; (k) Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the requirements of section 106 of this Act, has intentionally significantly adversely affected a historic property to which the grant would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the agency, after consultation with the [Advisory Council on Historic Preservation], determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. Initiating a grant funded project before reviews required under Section 106 of the NHPA have been completed may cause significant delays in the release of grant funds, require negotiated mitigation, or result in an outright loss of federal funding. 19 Disadvantaged Business Enterprises Projects funded in whole or in part from funds received by the Grantee directly from this grant contract must, to the extent practicable, ensure that bidding contractors are qualified and participate in available apprentice and training programs for all work performed. Bidding for contracts must, to the extent practicable, use the process established in Minnesota Statutes, section 16C.16, subdivision 4, 5, 6 and 7, except that subdivision 12 does not apply. 20 Buy American The Grantee confirms that, if applicable, it is in compliance with the Buy American provision in the American Reinvestment and Recovery Act of 2009 (ARRA) (Section 1605 of Title XI) which directs that, subject to certain exceptions, no funds appropriated or otherwise made available for a project may be used for the construction, alteration, maintenance, or repair of a public building or public work unless all the iron, steel, and manufactured goods used are produced in the United States. A Grantee requesting a determination regarding the inapplicability of the Buy American restrictions for lack of quantity or quality, increase of cost of the project by more than 25 percent, or inconsistency with the public interest, must be submitted to the State prior to the execution of the grant agreement. The prospective Grantee shall include the information and applicable supporting data required by 2 CFR 176.140(c) and (d) in the request. Exceptions must be approved by the State and the United States Department of Energy. Additional information, including category exclusions and exceptions, on Buy American can be found at: wwwI.eere.energy.gov/recovery/buy_american_provision.htmi. Continued on the next page. G -City of Hutchinson - Commerce ()(k> ` Grmt(Rev. 08 /10) I 21 Reporting Section 1512 of the American Recovery and Reinvestment Act of 2009 (ARRA) states recipients of "Recovery Act funds must comply with the extensive reporting requirements." The Grantee must submit progress reports detailing the progress and tasks completed of the grant agreement funded in whole, or in part, with ARRA funding including percent of project completion to the State by the 5th day of each month for the preceding month's work. If a Grantee does not comply with this requirement the State reserves the right to withhold funding. Laws of Minnesota 2009, Chapter 138, Article 5, Section 2 (accountability and transparency reporting) specifies additional recipient reporting requirements, including but not limited to data regarding hiring practices forjobs retained or created under this agreement. The Grantee shall report this information on a form prescribed by the State which must be submitted to the State by the 5th day of each month for the preceding month's work. If a Grantee does not comply with this requirement the State reserves the right to withhold funding. I. STATE ENCUMBRANCE VERIFICATION Individual certifies thatfunds have been encumbered as required by Minn. Stal. §§ 16A.15 and 16C.05 Signed: Date: CFMS: 2. CITY OF HUTCHINSON The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: G -City of Hutchinson - Commerce Grant (Rev. 08110) 3. MN DEPARTMENT OF COMMERCE Individual certoes that funds have been encumbered as required by Minn. Slat. §§ 16A. 15 and 16C.05. 0 Title: Date: Distribution: MN Dept. Df Commerce, Accounting Dept. Grantee State's Authorized Representative (copy) I U-6) Exhibit A Grantee's Duties A. GRANTEE shall do all things necessaryto complete the following tasks: WiLK U:; ppruved.Mltasuresandlunding:: '. Goats ,' Completion : Dat I Hutchinson Airport: $ 13,726.00 6/30/2011 1.1 Increase lighting efficiency- replacement of 29 fixtures; install 15 sensors 2 Liquor Hutch $ 9,247.00 6/30/2011 2.1 Increase lighting efficiency- replacement of 87 fixtures 3 Hutchinson City Center $ 37,834.00 6/30/2011 3.1 Increase lighting efficiency - replacement of 384fixtures; install 79 sensors 4 Civic Ice Arena $ 17,301.00 6/30/2011 4.1 Increase lighting efficiency - replacement of 114 fixtures; install 34 sensors Total Gaskt $ 787108.00 °/a oiTotal Total Matehi $ 39,054.00 50% Total GrauV_ $ 39,054.00 50% B. Eligible Costs Eligible costs include necessary and reasonable costs incurred for subcontractors to: 1. Design, acquire, install and commission measures specified in Table 1; and 2. Remove, store, transport and dispose of waste materials generated. Eligible costs include actual costs incurred by subcontractors. Other expenses may be eligible only if pre- approved in writing by the State's Authorized Representative. Please note: A DUNS number is required for any subcontractor receiving direct funding from this grant agreement totaling $25,000 or more. C. Payments - Reports Grantee shall submit monthly progress reports and payment requests for reimbursement of eligible costs incurred not later than the 5's day of each month for the preceding month's work. Grantee shall submit progress reports and payment requests on the form provided as Exhibit B of this grant agreement. Grantee further agrees to provide the following energy consumption data for the facility or portion(s) of the facility being improved to demonstrate energy savings achieved: a) Base line monthly data for the year prior to the grant agreement; and b) Once annually provide monthly data for a period of three years from the date of the grant agreement. The intent of reporting this energy consumption data is to provide, as closely as possible, documentation of actual reduction of energy consumption achieved as a result of the project improvements funded by this grant. D. Acceptance Testing Documentation (If Applicable) Grantee shall submit to Office of Energy Security (OES) acceptance testing documentation required by Minnesota Rules Part 1323.0672, Subpart 3, for modifications to heating, ventilating and/or air conditioning systems. Final reimbursement for these types of modifications will not be made until the acceptance testing documentation is received by OES. E. Promotional Materials All promotional and informational materials distributed by or for the Grantee shall contain the following statement: "This project was made possible by a grant from the U.S. Department of Energy and the Minnesota Department of Commerce through the American Recovery and Reinvestment Act of 2009 (ARRA)," unless this requirement is G -City of Hutchinson - Commerce I �J `_� Grmt (Rev. 08/10) waived in writing by the State. G -City of Hutchinson - Commerce Grant (Rev. 08110) I 1') i SAMPLE ONLY 85 7th Place La,,. Sunc 500, So. Paul, SIN 55101-2198 M,mwut� Date: MONTHLY GRANT PROGRESS REPORT AND PAYMENT REQUEST Progress Report and Payment Request q G GRANTEE: C City of Hutchinson G Grant % 5 50.0w% Reporting Month v CFMS# M Match % 5 5o.BB50.00111% v. C Labor Hrs tabor Hrs I Notes em Previously for Total # r Anoroved Measure Reported This Period LaborHrs 1.1 Replace 29 lighting fixtures; install 15 sensors 2.1 Replace87 lighting fixtures 3.1 Replace 394 lighting fixtures; install 79 sensors 4.1 Replace 114 lighting fixtures; install 34 sensors Total - Exhibit B Grant Funds Requested for Certification I certify that, to the best of my knowledge, the information provided herein is true. Signature: Name:_ Title: G -City of Hutchinson - Commerce 8 Grmt (Rev. 08/10) Date: 1' O G -City of Hutchinson - Commerce Grwi(Rev. 08 /10) Exhibit C Clause I. Davis Bacon Act and Contract Work Hours and Safety Standards Act. Definitions: For purposes of this clause, Clause 1, Davis Bacon Act and Contract Work Hours and Safety Standards Act, the following definitions are applicable: (1) "Award" means any grant, cooperative agreement or technology investment agreement made with Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance with the labor standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work performed by all laborers and mechanics employed by Recipients (other than a unit of State or local government whose own employees perform the construction) Subrecipients, Contractors, and subcontractors. (2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients' contractors, subcontractors, and lower -tier subcontractors. "Contractor" does not mean a unit of State or local government where construction is performed by its own employees." (3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) financial assistance instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub awards, contracts and subcontracts issued under financial assistance agreements. "Contract" does not mean a financial assistance instrument with a unit of State or local government where construction is performed by its own employees. (4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and who is responsible for the business management and non - program aspects of the financial assistance process. (5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the form of a grant, cooperative agreement, or technology investment agreement directly from the Federal Government and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award. (6) "Subaward" means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but does not include the Recipient's procurement of goods and services to carry out the program nor does it include any form of assistance which is excluded from the definition of "Award" above. (7) "Subrecipient" means a non - Federal entity that expends Federal funds received from a Recipient to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. (a) Davis Bacon Act (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions G -City of Hutchinson - Commerce 10 Grant (Rev. 08/1e) made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(l)(ii) of this section) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30 -day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(lXii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. G -City of Hutchinson - Commerce l l Grant (Rev. 08/10) The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http:// www. dol. gov /esa/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit them to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner). G -City of Hutchinson - Commerce 'b 12 Grmt(Rev. 08 /10) ` (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under paragraph (ax3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Department of Energy or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees- (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or G -City of Hutchinson - Commerce 13 Grmt(Rev. 08 /10) t P N, subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this Contract. (6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such other clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause. (7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance G -City of Hutchinson - Commerce eC�� 14 Grant (Rev. 08/10) with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors), and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (bxl) of this section. (3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (bxl) through (4) of this section. (5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the Contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. G -City of Hutchinson - Commerce 15 Gmt (Rev. 08/10) G -City of Hutchinson - Commerce /ff1^ 16 Grmt(Rev. 08 /10) ' ( `,t-6 AMERESCO� Green . clean . Sustainable Anderson Lakes Center 9855 West 78th Street, Suite 310 Eden Prairie, MN 55344 P: 952 942 5142 F: 952 942 5421 ameresco.com City of Hutchinson City-Wide Energy Efficiency and Conservation Initiative Project Summary Background In July, 2009 the City of Hutchinson entered into an Agreement of Partnership with Ameresco, which authorized Ameresco to complete a Preliminary Engineering Assessment. The results of the preliminary assessment were encouraging, therefore in October, 2009 the City of Hutchinson entered into a Project Development Agreement with Ameresco to complete a city-wide comprehensive energy and facility audit to further explore potential improvements. In February of 2010, Ameresco delivered and presented a Comprehensive Engineering Assessment (CEA) with a number of options and priority levels. This CEA identified numerous improvements in all of the Cities' facilities, renewable energy opportunities and other potential cost - saving measures, such as city-wide Street Lighting efficiency upgrade options. After review of the CEA, the City of Hutchinson selected certain measures at this time to move forward with toward implementation under a guaranteed energy - savings contract per Minnesota Statute 471.345, Subd. 13, Energy Efficiency Projects. The measures that have been selected at this time include city-wide comprehensive indoor lighting retrofits and Variable Frequency Drives at the Wastewater Treatment Facility. These measures are described in detail in Ameresco's CEA, Section IV, Facility Measures. The next step in the process is for the City to issue Ameresco a Letter of Intent, after which Ameresco will develop and deliver an Energy Services Agreement for review by the City and their legal council before proceeding with the project. Brief Description of Turnkey Solution A Guaranteed Energy Savings Contract, also called an Energy Savings "Performance Contract", is a type of agreement that includes all facets of developing, funding and implementing energy and operational efficiency and infrastructure renewal projects. Minnesota Statute requires a written guarantee be provided by a qualified provider that the savings from the project will exceed the project cost Ameresco will be providing a written savings guarantee for this project. Thousands of federal, state and local government entities have implemented Energy Performance Contracts, due to their self- funding nature and turkey solution structure. The enabling legislation has been in place in Minnesota for almost 20 years, and many municipalities have used this procurement vehicle with great success to get comprehensive efficiency and facility improvements implemented. Unlike other procurement methods, a Performance Contract provides a savings guarantee, performance guarantee and price guarantee, all from a single provider. Other services that Ameresco has provided include the identification and assistance in obtaining of available energy - related grants, rebates and other incentives that have significantly increased the cost effectiveness of this project Ameresco will act as the general contractor on this project and will handle the measurement and verification of the energy savings, as required by statute and the grant awards. \ Confidential Page 1 8/11/2010 D� ) AMERESCO4 Green . Clean . Sustainable Benefits of Completing this Project using an Energy Performance Contract /Contractor Many of the benefits are fast mentioned above, they include the ability of the City to work with a single company to develop, design, implement and guarantee the results of this energy and facility renewal project This method allows the City to work in partnership with Ameresco as a provider of professional services to customize the solution the City decides to implement and over the long -term, ensuring the guaranteed results. The cost of developing the solution can be rolled into the project costs, enabling the City to eliminate any out -of- pocket up -front costs, which is what has been proposed for this project Ameresco can also provide and facilitate funding and long -term financing for the project. Comparison of Performance Contracting and "low bid" Energy retrofitting of existing facilities is a specialized area and energy services companies like Ameresco have engineers and other resources on staff to ensure the right solutions are developed and implemented properly. At Ameresco, retrofitting existing facilities is our core mission and our specific expertise. We have retrofitted and improved thousands of existing buildings, with projects totaling over $5 billion dollars. We are completely independent, so we develop whatever solution is best for the City. Ameresco is the mmkey general contractor, which minimizes City staff time. Through this approach, Ameresco can ensure high quality and the use of local contractors. Frequently consulting engineering firms and contractors do not provide the same set of unique energy - [elated services and knowledge that Ameresco can provide. Many do not have the level of expertise in all facets of facility retrofit and renewal. This is our core competency and focus. Comprehensive Engineering Assessment Overview In October, 2009, the City signed an agreement with Ameresco for $34,500 to perform a detailed survey and analysis of all city-owned facilities, parks and other energy- consuming systems, such as street lighting In total, Ameresco identified dozens of potential improvements totaling over $10,000,000 while also considering wind or biomass renewable energy opportunities. Depending on what measures are implemented, energy and operational savings of over $300,000 per year have been identified. Ameresco has presented various options for projects that will be cost- effective over a 10 -15 -20 year timetable that are fundable out of project savings and existing budgets. Current Project The Project includes a comprehensive city-wide lighting retrofit The Lighting Survey Process included a building -by- building, fixture -by- fixture audit, resulting in a new fixture and lamp schedule. This will assist the City in the standardization of lighting systems and lower operating and maintenance costs. Many of the lighting fixtures will be improved to provide better or the same quality of lighting with reduced energy consumption. A number of existing fixtures are in need of replacement or improvement, and this project will assist in addressing some of that need. In addition, we will be providing engineering and installation of Variable Frequency Drives for rotor motors at the Wastewater Treatment Facility. During the development of the project local contractors were included in the bidding process. Confidential Page 2 8/11/2010 AMERESCO4 C,reen . clean . sustairowe �r A cost summary budget was provided in the past, the breakdown of the $375,114 project cost is as follows. This is an all encompassing price breakdown, from start to finish, including the Detailed Audit, which has been completed, and all savings measurement and verification costs. This is a guaranteed maximum price. Item Cost % of Pro'ect Provider Detailed Audit* $34,500 9.20/6 Ameresco & Specialists Construction Costs $269,183 71.8% Contractors & Vendors Engineering and M &V $12,276 3.3% Ameresco Construction t /Admire $15,648 4.2% Ametesco Commissioning & Training $4,955 1.3% Ameresco Project Development, G&A, Fee 1 $38,552 1 10.3% 1 Ameresco * Amount due to Ameresco if City does not proceed with project Grants, Rebates and Project Return Ameresco has assisted the City of Hutchinson with obtaining approximately $167,000 in available grants and rebates for the current project scope, which equals about 45% of the project cost Ameresco's engineers provided all of the necessary energy calculations and cost breakdowns per Minnesota Office of Energy Security requirements. This was for the Energy Efficiency and Conservation Block Grant (EECBG) and the Facility Cost -Share Grant. Ameresco included costs for prevailing wage and other federal requirements of these ARRA funded competitive grant opportunities. Ameresco will provide assistance to the City during the required state and federal reporting period, once the project is completed Ameresco will assist in the receipt of the HUC rebates during and upon completion of the project. The project has an excellent return, especially considering the amount of lighting systems improvement that is being provided The project simple payback period and return on investment will be as follows: Project Cost - $375,114 Grants and Rebates - $166,654 Net Project Cost - $208,460 Annual Savings - $32,571 (guaranteed by Ameresco) Simple Payback Period — 6.4 years Return on Investment —16% per year Carbon Emissions Reduction — equal to permanently removing 48 vehicles off the mad Savings Measurement and Verification (M &V) Ameresco will be providing savings M &V services in compliance with state statute. Savings M&V and reporting is included for the first two years following completion of the project as part of the project cost. Ameresco has included all costs associated with energy savings M &V to meet grant and reporting requirements. Confidential Page 3 8/11/2010 AMERESCO cram. Ctren , Suateineblt Why Proceed with Ameresco on this Project? �-. • Ameresco is the largest and leading independent energy solutions provider in North America, having implemented over 1,000 projects worth over $5 billion dollars. Ameresco employs highly experienced engineers and other professionals, who have specialized expertise and knowledge in existing facility retrofit and improvements. In addition, we partner with other specialists as needed to further enhance our capabilities and experience. For example, we worked with a specialized lighting company to assist in the recommendations for the lighting retrofits and improvements. • The Minnesota Department of Administration has approved Ameresco as a qualified provider of Energy Savings Performance Contracting Services in all State -owned facilities. • Ameresco evaluated potential street lighting retrofit options and installed a number of test fixtures on Golf Course Road to demonstrate the performance of one of the options. This cost over $4,000 to implement and provided the City with an actual street to compare this option. • Ameresco has been assisting in the development of a potential project at CreekSide to use Biomass to heat larger city buildings and the analysis of feedstock. This has included a site and plant visit to a potential equipment manufacturer in Iowa, meeting with the Minnesota Pollution Control Agency to discuss project, and the attendance at the International Biomass Conference in Mitmeapolis in May, 2010. • Ameresco has evaluated and developed options for Wind Energy Systems, focusing on providing power to the Wastewater Facility, which has the right load profile to maximize the cost- effectiveness. • Ameresco has worked with staff on two competitive federal /state grant programs, and on both the City has been awarded grants. These total $139,054 in funding for the project. This has created a very cost - effective project with a 16% annual return for the City. • Ameresco will be the single point of contact for all aspects of the project, minimizing staff time required to get the project implemented. Ameresco will work with the City to promote and publicize project benefits relative to their energy conservation and other sustunability initiatives. Quick Summary (next step is Letter of Intent) Benefits to Proccedinit Effects of NOT Proceeding • Project has a 6.3 year simple payback or a 16% • Must pay Ameresco $34,500 with no results. May return, and internal capital funds are available need to re- create detailed audit and associated costs to im lement using another approach. • Ameresco will turnkey all aspects of project, • Many hours of staff time invested in project will minimizing staff time required be lost, and may need to be duplicated in the future to re-start project • Receive $166,654 in Grants and Rebates • Potentially lose $166,654 in Grants and Rebates if project is not completed • Project can be completed by December, 2010 • Would need to create a new plan to complete project on time requiring more staff time • Local Contractors can receive work in next 30 • Potentially no new Local Contractor work /jobs days created • Helps progress toward City energy conservation • No new progress on City energy conservation goals and Mayor's Climate Protection goals and U.S. Mayor's Climate Commitment Agreement Commitment relative to this project • Carbon Emissions Reduction equal to 48 vehicles •Potentially no Carbon Emissions Reduction off the road permanently Confidential Page 4 8/11/2010 (� TO: Mayor and City Council Members FROM: Gary Plotz, City Administrator John Paulson, Environmental Specialist RE: Civil Air Patrol Lease Agreement DATE: 8/18/2010 City staff has been working with the Minnesota Wing Civil Air Patrol to develop a site lease agreement to allow them to utilize space on and in the City's north water tower located at 958 Golf Course Rd NW. As a non -profit (501(c)3) organization, providing emergency services, search and rescue, disaster relief and homeland security to state and local agencies; the Civil Air Patrol requested that any associated rent costs be waived by the city. The nature of the antenna is to provide additional communication in the region for the services identified above. City staff determined that the benefits received by the region warranted consideration of waiving the rent for the space at the location. The application and associated fee of $325 were received in May 2010. All the necessary specifications and project summary information have been received and are currently being reviewed by SEH staff. The review summary should be available at the council meeting. Extensive communication between Marc Sebora, City Attorney, and Civil Air Patrol Attorney's was needed to amend the City's standard lease document. Amendments were needed to insure that the insurance, liability, and the potential for damage to the water tower are all adequately addressed in the lease agreement for this unique situation. City staff welcomes your comments and will assist the council in any way we can. -b (-C-) SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ( "Lease "), made this _day of 20 (the "Effective Date ") between City of Hutchinson ( "Landlord "), and Civil Air Patrol, Inc., an IRC §501(c)(3) non -profit corporation federally chartered under 36 U.S.C. §40301, et seq. ( "Tenant "). For good and valuable consideration, the parties agree as follows: Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property, consisting of approximately square feet, located at XXXX Street, City of Hutchinson, County of McLeod, State of Minnesota, legally described in Exhibit A attached hereto, subject to any and all existing easements, and a portion of the Hutchinson Water Tower or other structures ( "Structure "), located as shown in Exhibit B attached hereto, together with a non - exclusive easement for reasonable access thereto and for adequate utility services, including sources of electric and telephone facilities also shown on Exhibit B ( "Leased Premises "). 2. Rent Waived. In consideration and support of Tenant's public service missions, Landlord waives rent by the Tenant for the use of the Leased Premises, as long as Tenant's use of the Leased Premises is solely for public service communication within the chartered purposes of Tenant. If Tenant's use of the Leased Premises changes, then Tenant must notify the Landlord within thirty (30) days of the change and this Lease shall thereafter terminate. Governmental Approval Contineencv. (a) Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority. This shall include the engineering study specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall advise Tenant of any pending or proposed Landlord actions which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. (b) Interference Study. If Tenant's equipment installed on the Leased Premises causes radio frequency interference, the Tenant will be responsible for all costs and responsibilities in accordance with Paragraph 16 to eliminate the interference. If the Tenant decides to keep the equipment in place after interference has been identified the Tenant must pay the reasonable cost of (i) a radio frequency interference study by an independent and qualified professional reasonably selected by the Landlord, showing that Tenant's intended use will not interfere with any existing radio communication facilities located on the structure and (ii) an engineering study carried out by a qualified engineer, showing that the Structure is able to support the Tenant's Antenna Facilities, as defined in Subparagraph 5(b), without prejudice to the Landlord's use of the Structure. If the study finds that the interference cannot be reasonably remedied or that Tenant's Antenna Facilities prejudice the Structure, Landlord may terminate this Lease immediately. (c) Non - approval. In the event that any application necessary under Subparagraph 3(a) Page 1 of 11 i (C above is finally rejected or any certificate, permit, license, or approval issued to Tenant is cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its sole discretion, is unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subparagraph 13 (d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 4. Term and Renewals. The "Initial Term" of this Lease shall commence on the Effective Date and end on December 31 of the fifth calendar year of the Lease. Subject to the terms and conditions of this Lease, the Lease will automatically extend this Lease for three (3) additional five (5) year renewal periods ( "Renewal Term ") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. This Lease shall automatically renew at the end of the Initial Term or any Renewal Term unless Tenant sends written notice to Landlord of Tenant's election not to renew at least ninety (90) days prior to the expiration of the Initial Term or any Renewal Term. Tenant's Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference, emergency public safety needs, or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3. Other governmental agencies where use is not related to public safety; 4. Government - regulated entities whose antennae offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters; and 5. Pre- existing tenants. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a Landlord - approved communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to utilize. This use shall be non - exclusive, and Landlord specifically reserves the right to allow the Leased Premises to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leased Premises. Tenant's communications antenna facility shall consist of antennas at a Landlord- approved location, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ( "Antenna Facilities "). Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. Page 2 of 11 (c) Construction. Tenant may erect and operate an antenna array in accordance with its submitted application attached as Exhibit B. Tenant agrees that is will install only antennas that Tenant knows will not interfere with existing antennas or with antennas with higher priority. If Tenant seeks to increase the number of antennas and such installation shall exceed the requirements or standard discussed in the engineering report as required by section 3(b)(ii), then tenant must pay for an evaluation carried out by a qualified professional retained by Landlord, demonstrating that the Structure can support the additional antennas. The cost of each evaluation must be paid by the Tenant within 30 days after receiving written notice of the cost. Landlord must consent to installation of additional antennas and such consent will not be unreasonably withheld. (d) Omatio n. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. Tenant's installation of all Antenna Facilities shall be done according to plans approved by Landlord, which approval shall not be unreasonably withheld. Any damage done to the Leased Premises or other Landlord property including the Structure during installation or during operations shall be repaired at Tenant's expense within 30 days after notification of damage. The Antenna Facilities shall remain the exclusive property of the Tenant, unless otherwise provided in this Lease. (e) Maintenance, Improvement Expenses. All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and secured by Tenant. If Tenant's Antenna Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. (f) Replacement . Before the Tenant may update or replace the Antenna Facilities, Tenant must notify and provide a detailed proposal to Landlord. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any other information reasonably requested by Landlord of such requested update or replacement, including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold approval. (g) Drawings. Tenant shall provide Landlord with as-built drawings of the equipment and improvements installed on the Leased Premises, which show the actual location of all Antenna Facilities. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actually placed on the Leased Premises. (h) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon by Landlord. Page 3 of 1 I (i) Access. Tenant, at all times during this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall have access to the Structure only with the approval of Landlord. Tenant shall request access to the Structure twenty -four (24) hours in advance, except in an emergency, and Landlord's approval thereof shall not be unreasonably withheld or delayed. In the event it is necessary for Tenant to have access to the Structure at some time other than the normal working hours of Landlord, Landlord may charge Tenant for whatever expense, including employees' wages that Landlord may incur in providing such access to Tenant. 0) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated with Tenant's use of the Leased Premises. 6. Emergency Facilities. In the event of a natural or manmade disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Structure, that are caused by Tenant's occupancy of the Leased Premises. Advances in Technology. As technology advances and improved antennas are developed which are routinely used in Tenant's business, Landlord may require, in its sole discretion, the replacement of existing antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of the improved antennas are practical and technically feasible at this location. Additional Buildings. Tenant acknowledges that Landlord may permit additional buildings to be constructed on the property described in Exhibit A. At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's building and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant and will not compromise the structural integrity of Tenant's building. 10. Defense and Indemnification. (a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be liable in the performance of this Lease, except those which arise from the negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the installation, operation, use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities, equipment and related facilities on the Leased Premises. Page 4 of l 1 (b) Hazardous Materials. Without limiting the scope of Subparagraph 10(a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with, the cleanup or restoration of the Leased Premises resulting from Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. (c) Tenant's Warranty. Tenant represents and warrants that its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty -four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased Premises. The obligations of this Paragraph 10 shall survive the expiration or other termination of this Lease. 11. Insurance. (a) Workers' Compensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000 Bodily injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability. The Tenant must maintain occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises /Operation, broad form contractual, independent contractors, and products /completed operations. The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,500,000 each occurrence; $1,500,000 personal and advertising injury; $5,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy is no less than the underlying comprehensive general liability coverage. (c) Automobile Liability. The Tenant must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of $1,000,000 per accident. The liability limits may be afforded under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy provided coverage afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the Page 5 of 11 ownership, use, maintenance or operation of all owned, non -owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection, uninsured motorists and underinsured motorist coverage. (d) Tenant Pmert X Insurance. The Tenant may keep in force during the Initial Term and any Renewal Term of the Lease a policy covering damages to Tenant's property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (e) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by the greater of the Consumer Price Index as calculated under Paragraph 2(a) or 2.5 %. (f) Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A- or better) by Best Insurance Guide, licensed to do business in the state of Minnesota, which includes all coverage required in this Paragraph 11. Tenant will name Landlord as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not be canceled, non - renewed, or materially changed without thirty (30) days prior written notice to Landlord. 12. Dama¢e or Destruction. If the Leased Premises is destroyed or damaged, without contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days' written notice to Landlord. 13. Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; (iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons including without limitation shadowing or interference under Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by Landlord, upon 120 day's prior written notice to Tenant if its Council Page 6 of 11 decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with continued use of the Leased Premises by Tenant and/or discontinue use of the Structure for all purposes; (v) by Landlord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi) by Landlord if it determines that a potential user with a higher priority under Subparagraph 5(a) above cannot find another adequate location, or the Antenna Facilities unreasonably interferes with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process; or (vii) by Landlord if it determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions attached to government approvals granted there under, after a public hearing before the Landlord's Council, and Tenant has not cured such non - compliance. (b) Notice of Termination. The parties shall give Notice of Termination in writing by certified mail, return receipt requested. Such Notice shall be effective upon receipt as evidenced by the return receipt, or such later date as stated in the Notice. (c) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall have 60 days from the termination or expiration date to remove its Antenna Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure at the Tenant's expense to the reasonable satisfaction of the Landlord. In the event that Tenant's Antenna Facilities, and related equipment are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become the property of the Landlord and Tenant shall have no further rights thereto. If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to any mortgagee of Tenant at the addresses provided, informing them that Antenna Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within thirty (30) days. 14. Limitation of Landlord's Liability. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 15. Temporary Interruptions of Service. If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency Page 7 of 11 omissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such an order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, except as may be caused by the willful misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period greater than three consecutive days, Tenant shall have the right to terminate this Lease within its sole discretion. 16. Tenant Interference (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease. (b) With Hip-her Priority Users. If Tenant's Antenna Facilities cause impermissible interference with higher priority users as set forth in under Subparagraph 5(a) above or with pre- existing tenants, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease immediately. (c) Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ( "Leased Premises Area "), Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or known to be operated in the future of each transmitter and receiver installed and operational by Tenant on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna Facilities. Landlord agrees further that any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Page 8 of 11 Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease or seek injunctive relief against the interfering occupant, at Tenant's expense. 17. Assignment. This Lease, or rights there under, may not be sold, assigned, or transferred at any time by Tenant except to Tenant's affiliates or subsidiaries. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld. For purposes of this paragraph, an "affiliate" or "subsidiary" means an entity in which Tenant owns greater than a 50% interest. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity, which provides financing for the purchase of the equipment to be installed at the Leased Premises. 18. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 19. Enforcement and Attorneys' Fees. In the event that either party to this Lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 20. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite action of the party to this Lease. 21. Binding Effect. This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 22. Complete Lease: Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. Page 9 of 1 I ) oLc) 23. Governing Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 24. Limitation of Liability Nothing in the Lease shall be deemed a waiver of any limitation of liability or defenses under Minnesota Statutes Chapter 466 or any other provision of law. 25. Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 26. Memorandum. Upon request by either party, the parties agree to promptly execute and deliver a recordable Memorandum of this Lease in a form acceptable to both parties, which may be recorded by the party requesting the Memorandum of Lease. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: TENANT: STATE OF MINNESOTA ) )SS COUNTY OF ) CITY OF By Its Mayor By Its Administrator /Clerk Civil Air Patrol, Inc., a federal, chartered corpyra on B, Thyy gas B. Theis Its Minnesota Wing Commander The foregoing instrument was acknowledged before me this day of , 200_, by , the Mayor and City Manager respectively of the City of on behalf of the corporation. STATE OF )SS COUNTY OF Notary Public Page 10 of 11 jCtc) The foregoing instrument was acknowledged before me this _ day of , 200, by Thomas B. Theis, the Minnesota Wing Commander of Civil Air Patrol, Inc., a federally chartered corporation, on behalf of the corporation. Notary Public Page 11 of 11 Exhibit A Water Tower located at 958 Golf Course Road NW City PID:3611730030060 1 AC OF NEIA NWIA W OF CR #12 & N OF COUNTRY CLUB ROAD Exhibit A Water Tower located at 958 Golf Course Road NW City PID: 3611730030060 1 AC OF NEIA NWU4 W OF CR#12 & N OF COUNTRY CLUB ROAD John Paulson rom: Dan Zienty [dzienty @sehinc.com] nt: Tuesday, August 24, 2010 3:49 PM o: John Paulson Subject: Civil Air Patrol at North Tower Attachments: ATT00001.jpg Importance: High John we have reviewed the information packet you provided including the lease, Exhibit A, product sheets and application. Our recommendation to the City would be to approve the installation on contingency that additional information related to the actual elements of the installation be provided. This would include: • Location of the cabinet within the tank • Identification of a power source and routing (conduit, etc.) to it • How will the coax be routed /attached within the tank riser - hardware /components, attachment must be in compliance with state and City electrical standards, and OSHA • As the antenna location is on the roof the coax will need to exit the access tube - provide location and type of sealed penetration to be installed (should not interter with the operation of the hatch, or exiting of the tank) • What is the exact location of the antenna? How will it be mounted to the tank? Access tube lid? Tank roof? As there is no handrail system, how would the stand -off bracket (product sheet) be installed? Should you have any questions referencing our comments please do not hesitate to contact me. ncerely, Dan Vin Zienty I Asxocnatc Sem or Prolett D3 tip. NA( F 0104 651:49A k 160 dimct daientY(d�seh:nc.c+��n Sbort E111ott Hendrickion Inc. 353SVadna4t Cenxer briw St. Ri-d MN 5511€5196 6514902000 main 1 6514"1150 faX SEN 806.325105S toOfree 7 .V�.w.sehmc :anz • ORDINANCE NO. 10 -0558 — AN ORDINANCE AMENDING SECTION 112.088 OF THE HUTCHINSON CITY CODE PERTAINING TO HOURS AND DAYS OF LIQUOR SALES § 112.088 HOURS AND DAYS OF SALES. No on -sale of intoxicating liquor shall be made between the hours of 1:00 a.m. and !10tee 10:00 a.m. on Sunday, nor between 12:00 midnight and 8:00 a.m. on Monday, nor between the hours of 1:00 a.m. and 8:00 a.m. on Tuesday through Saturday. No off -sale of intoxicating liquor shall be made on Sunday nor before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday, nor on New Year's Day, January 1; July 4; Thanksgiving Day; or Christmas Day, December 25. No sale of intoxicating liquor shall be made after 8:00 p.m. on December 24. ('89 Code, § 5.43) (Am. Ord. 96 -172, passed 9- 10 -96; Am. Ord. 97 -213, passed 11 -25- 97; Am. Ord. 98 -217, passed 2- 10 -98) Penalty, see § 10.99 ADOPTED BY THE COUNCIL OF THE CITY OF HUTCHINSON THIS DAY OF 2010. APPROVED: By: Steven W. Cook Its: Mayor ATTEST: By: Gary D. Plotz Its: City Administrator � -00) RESOLUTION NO. 13772 A RESOLUTION APPROVING CITY OF HUTCHINSON INVESTMENT POLICY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT THE ATTACHED CITY OF HUTCHINSON INVESTMENT POLICY IS HEREBY ADOPTED. Adopted by the City Council this 24TH day of August, 2010. Steven W. Cook, Mayor ATTEST: Gary D. Plotz, City Administrator )c�te—) LN INVESTMENT POLICY ADOPTED AUGUST 24, 2010 CITY OF HUTCHINSON INVESTMENT POLICY I. PURPOSE The purpose of this policy is to establish specific guidelines the City of Hutchinson will use in the investment of City funds. It will be the responsibility of the City Administrator to invest City Funds in order to attain the highest market rate of return with the maximum security while meeting the daily cash flow demands of the City and protecting the capital of the overall portfolio. Investments will be made in accordance with all state and local statutes governing the investment of public funds. II. SCOPE The City Administrator is responsible for the investing of all financial assets of the City of Hutchinson, excluding pension funds. These funds are accounted for in the City's Comprehensive Annual Financial Report and include the following: - General Fund - Special Revenue Funds - Debt Service Funds - Capital Project Funds - Enterprise Funds - Internal Service Funds - Economic Development Authority - Housing and Redevelopment Authority III. PRUDENCE Investments shall be made with judgment and care, not for speculation, but for investment, considering the probable safety of the capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with this policy, with MN Statutes, Chapter 118A, and exercising due diligences shall be relieved of personal responsibility for an individual security's risk or market price change, provided that reasonable action is taken to control adverse developments and unexpected deviations are reported in a timely manner. City of Hutchinson Investment Policy Page 2 I 0 C`e) CITY OF HUTCHINSON INVESTMENT POLICY IV. OBJECTIVE A. Safety - Safety of principal is of critical importance to the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of principal in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 1. Credit Risk - the risk of loss due to failure of the security issuer or backer, will be minimized by: - Limiting investments to the types of securities listed in Section VIII of this investment policy. - Pre - qualifying the financial institutions, broker /dealers, intermediaries, and advisors with which the City will do business in accordance with Section VII. - Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. Insurance or collateral may be required to ensure return of principal. 2. Interest Rate Risk — the risk that the market value of securities in the portfolio will fall due to changes in market interest rates will be minimized to: Provide for liquidity by reviewing cash flow requirements and make investments to meet the shorter cash flow needs, thereby avoiding the need to sell securities in the open market prior to maturity. - Manage the average maturity of the overall portfolio to be consistent with the risk of the City. B. Liquidity - The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements reasonably anticipated. The portfolio will be structured so that the portfolio emphasizes liquidity and consists largely of securities with active secondary or resale markets (dynamic liquidity). A portion of the portfolio may be placed in money market mutual funds or local government investment pools which offer same day liquidity for short-term funds. C. Yield - The City's investment portfolio shall be designed with the objective of attaining a market rate of return. The core of investments is limited to low -risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall generally be held until maturity with the following exceptions: • A security with declining credit may be sold early to minimize loss of principal. • A security swap would improve the quality, yield, or target duration in the portfolio. • Liquidity needs of the portfolio require that the security be sold. City of Hutchinson Investment Policy Page 3 Dc-e-) CITY OF HUTCHINSON INVESTMENT POLICY V. DELEGATION OF AUTHORITY Authority to manage the City's investment program is derived from MS 118A which authorizes the City to invest any fund not presently needed in obligations in which city debt service funds may be invested. This law applies to all types of funds not presently needed, including all general, special revenue, permanent, trust or other funds regardless of source or purpose. Under this chapter a city may invest idle funds in state or national banks, savings and loan associations, or credit unions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the policy. Management responsibility for the investment program is hereby delegated to the City Administrator, who shall be responsible for all transactions. The City Administrator shall establish procedures for the operation of the investment program, consistent with this policy. Such procedures may include delegation of authority to persons responsible for investment transactions. VI. ETHICS AND CONFLICTS OF INTEREST The City Administrator and Finance staff involved in the investment process shall refrain from conducting personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment staff shall annually disclose to the City Council any material financial interests as required by state statute. Investment staff shall subordinate their personal investment transactions to those of the City, particularly with regard to the time of purchases and sales, and shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. VII. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City Council will annually, by resolution, approve depositories and a list of financial institutions authorized to provide investment services. A. Only approved security broker /dealers, selected by creditworthiness, shall be utilized, with a minimum of $10,000,000 capital and at least five years of operation. B. Financial institutions must be qualified as a "depository" by the City Council; these may include "primary" dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3 -1 (Uniform Net Capital Rule). C. All investments must be insured, or registered, or securities must be held by the City or its agent in the City's name. D. No public deposit shall be made except in a qualified public depository, as established by state laws. E. When investments purchased by the City are held in safekeeping by a broker /dealer, they must provide asset protection of $500,000 through Securities Investor Protection Corporations (SIPC), and at least another $2,000,000 Supplemental Insurance Protection, provided by the broker dealer. City of Hutchinson Investment Policy Page 4 C:)c-e) CITY OF HUTCHINSON INVESTMENT POLICY F. Before engaging in investment transactions with the City, the supervising officer at the securities broker /dealer shall submit a certification of "Notification to Broker and Certification by Broker Pursuant to MN Statute 118K. Said certification will state that the broker /dealer has reviewed the investment policies and objectives, as well as applicable state law, and agrees to disclose potential conflicts or risk to public funds that might arise out of business transactions between the securities broker /dealer firm and the City. All financial institutions shall agree to undertake reasonable efforts to preclude imprudent transactions involving the City's funds. VIII. AUTHORIZED AND SUITABLE INVESTMENTS It shall be the policy of the City of Hutchinson that available funds be invested to the best rates obtainable at the time of investment in conformance with the legal and administrative guideline outlined herein. US Treasury Obligations and Federal Agency Securities will be given preference when the yields are equal to or greater than alternative investments. Minnesota Statutes, section 118A, lists all permissible investments for municipalities. The investments of the City of Hutchinson will be made in accordance with Minnesota statutes and be further restricted to the following (a more complete description is contained in Appendix A): A. United States Treasury Obligations. B. Federal Agency Securities C. Certificates of Deposits D. Commercial Paper (restricted to issues which mature in 270 days or less with a rating of A -1 (Moody's), P -1 (Standard and Poors), or F -1 (Fitch), among at least two of these three rating agencies) E. Interest - bearing checking accounts F. Money Market Mutual Funds (only those which invest in authorized instruments according to MN Statutes 118A) G. Ordinary Savings Accounts H. Statewide Investment Pools (which invest in authorized instruments according to MN Statutes) IX. COLLATERAL Interest - bearing deposits in authorized depositories must be fully insured or collateralized. Collateral ization will be required on Certificates of Deposits (where the dollar amount is in excess of FDIC coverage). In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of the market value of principal and accrued interest. When the pledged collateral consists of notes secured by first mortgages, the collateral level will be 140° of the market value of principal and accrued interest. Collateral shall be deposited in the name of the City, subject to release by the City Administrator. City of Hutchinson Investment Policy Page 5 )OCe) CITY OF HUTCHINSON INVESTMENT POLICY X. SAFEKEEPING AND CUSTODY Securities purchased shall be held in a segregated account for the City's benefit at a third party trustee as safekeeping agent. The investment dealer or bank in which the security is purchased shall issue a confirmation ticket to the City listing the specific instrument, issuer, coupon, maturity, CUSIP number, purchase or sale price, transaction date, and other pertinent information. The financial service provider which executes the transaction on the City's behalf shall deliver all securities on a delivery versus payment method (DVP) to the designated third party. Delivery versus payment (DVP) is a way of controlling the risk to which securities market participants are exposed. Delivery of securities (i.e. the change in their ownership) is done simultaneously with payment. This means that neither the buyer nor the seller is exposed to the risk that the other will default. The City may not invest in securities that are uninsured. Securities will be held in the City's designated accounts. Investments, contracts and agreements may be held in safekeeping with: - Any Federal Reserve bank; - Any bank authorized under the laws of the United States or any state to exercise corporate trust powers, including, but not limited to, the bank from which the investment is purchased. XI. DIVERSIFICATION The City Administrator or investment designee will attempt to diversify its investments according to type and maturity. The City will attempt to match its investments with anticipated cash flow requirements. Extended maturities may be utilized to take advantage of higher yields. Diversifications strategies shall be determined and revised periodically by the City Council for all funds. A. Institutions — Diversity between financial institutions used. a. The City Administrator or investment designee will attempt to diversify its investments equally amongst investment companies, keeping in mind that some temporary fluctuations may occur throughout the year (i.e. tax settlement in June, GO Bonds for projects, etc.) b. No funds may be invested in any one investment company in excess of the amount insured by it. B. Maturities — Diversity in length of maturities. a. Investments shall be made to assure that funds are constantly available to meet immediate payment requirements b. No investments shall be made with a term of more than 10 years.. C. Investments — The City should maintain a diversity of investments. a. Depending on market conditions, with the exception of US Treasury Securities, authorized pools, and Federal Agencies (backed by the full faith and credit of the US Government or its agencies), no more than 50% of the City's total investment portfolio may be invested in any one of the following: Certificates of Deposit or Commercial Paper. City of Hutchinson Investment Policy Page 6 1 OCR) CITY OF HUTCHINSON INVESTMENT POLICY XII. POOLING OF INVESTMENTS For the purpose of making the maximum amount of funds available for investment, the cash for City Funds, as listed in Part II, is pooled in an investment account. Interest earnings are allocated among the various funds based upon their average cash balance. XIII. INVESTMENT POLICY ADOPTION The City's Investment Policy shall be adopted by resolution by the City Council. The Policy shall be reviewed on a bi- annual basis and any modifications made thereto must be approved by the City Council. City of Hutchinson Investment Policy Page 7 i oce)- G TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of TH 7/15 Property Acquisitions DATE: August 24, 2010 As discussed at several City Council closed meetings, City staff has been proactively working with Mn /DOT staff and others to analyze the potential City acquisition of the below referenced TH 7/15 properties (remainder of parcels acquired by Mn/DOT for the TH 7/15 Reconstruction project): 442 Main St N, 454 Main St N, 466 Main St N, 480 Main St N, 256 4th Ave NW, 264 4th Ave NW, 9 4th Ave NE, 1l 4th Ave NE, 13 4th Ave NE, 15 4th Ave NE, 17 4th Ave NE, 25 4th Ave NE, 35 4th Ave NE, 45 4th Ave NE & 416 Prospect St NE City staff will review the exact property locations and their corresponding appraised values (Mn/DOT administered appraisals) at the City Council meeting. cc: Gary Plotz, City Administrator t)(-C) CHARTER COMMISSION MINUTES June 14, 2010, 5:30 p.m. Members Present: Chair Deb Roepke, Walt Clay, Lyle Mullins, Judy Simons, Mary Inglis, Steve Bauer, Marlin Torgerson, Mark Lewandowski and Virgil Voigt. Members Absent: Roger Stearns, Diane Gordon and Mark Cormier Others Present: Marc Sebora, City Attorney and Melissa Starke, Recorder Chair Roepke called the meeting to order at 5:30 p.m. 1. Discussion of Extending Mayor's Term to Four Years Deb Roepke noted that the City Council has requested that the Charter Commission consider extending the mayor's term from two years to four years. Marlin Torgerson, former mayor, provided his comments on two -year terms for the mayor's seat. Mr. Torgerson expressed that he feels a two -year term is more than adequate. Ms. Roepke noted that 162 participants took part in a Hutchinson Leader poll: 7.4% were in favor of mayor's term, 10.5% were in favor of expanding Council; 18% were in favor of both ideas; 53% were opposed to both ideas; 10.5% did not have an opinion. Walt Clay noted that he recalled a time when a mayor was in seat whom the residents did not want in office. He felt that if the mayor's term would have been four years, real trouble would have been had. Mr. Clay was opposed to a four -year term. Mayor Cook, through Marc Sebora, wrote comments to the Charter Commission. Mayor Cook researched other cities whom all had longer terms than two years other than Bemidji. Mayor Cook feels that a four -year term makes sense because the mayor's seat is just like the other Council seats (which have a term of four years). He expressed that he did not think any change should take place until 2012 or 2014. 1PL-) Mark Lewandowski noted that the feedback he has received is to leave the Mayor's term as is. He noted there is no additional cost to having the mayor serve a two -year term. Judy Simons expressed that a two -year term seems adequate. There is no added expense, the candidate seeking the mayor's seat should know the job before taking office, and if there are issues with the mayor's performance, he /she does not fill that seat for as long a term. Mary Inglis noted that there is a learning curve for any position, no matter the length of term. Marc Sebora spoke about the ways a City Charter can be amended. These ways include voting at an election or a recommendation from the Charter Commission to the City Council to make an ordinance change. Motion by Voigt, second by Clay, to leave the City Charter as written and not change the mayor's term limit. Motion carried unanimously. 2. Discussion of Expanding City Council to Seven Members Marc Sebora noted that the Council Members are paid monthly, as well as a per diem amount. Mayor Cook commented via written communication that he does not feel the number of Council Members is a critical issue at this time, but other cities do have more than five Council Members. However, other cities have ward representation, which the City of Hutchinson does not. Marc Sebora spoke about the City Council seat designation. The mayor's communication also noted that with the number of boards and commissions the City has, perhaps with more Council Members, the work load could be spread more evenly. He also noted that other cities our size have between 6 -9 members. Marlin Torgerson spoke that he feels all City Council Members serve for the betterment of the entire community. He did not feel that there is an issue about representation. Mr. Torgerson expressed that he does not feel the work load needs to be thinned out for the Council Members. Mr. Torgerson noted that he completed research as well, and he felt it was really a toss up on the number of Council Members amongst comparable cities. Mark Lewandowski expressed that increasing the membership of the Council will be an added expense, and more members may mean lengthier meetings. The boards /commissions meetings could be at the discretion of the Council Members whom serve on them as to whether or not they will attend. Walt Clay expressed concern with the increased expense of additional Council Members. Judy Simons noted that Hutchinson's population has increased approximately 10,000 in the time she has lived here. Ms. Simons noted that the only time she noticed a burden was when Kay Peterson was out for an extended period of time due to an illness. Ms. Simons expressed that perhaps the Charter could be amended to address this type of issue. Marc Sebora noted that Section 2.09 does address it somewhat. General discussion was held regarding proposed language to address the issue if someone is unable to perform their duties on the Council for an extended period of time. Virgil Voigt and Walt Clay expressed that the language in Section 2.09 is adequate and the elected officials in current office should enforce the City Charter as written. Motion by Simons, second by Lewandowski, to leave the Charter as written and not expand the membership. Motion carried unanimously. 3. Items From the Floor Marlin Torgerson commented on the seat designation process. Mr. Torgerson believes that an at -large system with the top vote getters winning office is appropriate. Judy Simons asked about the reasoning for seat designation. She does not feel it makes the most sense. General discussion was held on the former system of top vote - getters versus the current system of designated seats. Walt Clay suggested that Marc Sebora research whether or not other cities have their Council seats designated such as Hutchinson, without ward representation. Mr. Clay also suggested that two Council Members attend the next Charter Commission ) I L-a-) meeting to discuss seat designation. Clay suggested inviting Steve Cook and Jim Haugen to the next Charter Commission meeting to discuss seat designation. June 28th at 5:30 p.m. will be the next meeting date. It was determined that the research previously requested from Marc Sebora, City Attorney, would not be necessary. 4. Adjourn Motion by Torgerson, second by Simons to adjourn at 6:55 p.m. I Ibat-) CHARTER COMMISSION MINUTES June 28, 2010, 5:30 p.m. Members Present: Chair Deb Roepke, Virgil Voigt, Mark Lewandowski, Lyle Mullins, Roger Stearns, Walt Clay, Diane Gordon, and Mary Inglis Members Absent: Judy Simons, Marlin Torgerson, Steve Bauer, and Mark Cormier Others Present: Steve Cook, Mayor; Jim Haugen, Council Member; and Marc Sebora, City Attorney Chair Roepke called the meeting to order at 5:30 p.m. 1. Approval of Minutes from June 14, 2010 Motion by Walt Clay, second by Virgil Voigt to approve minutes from June 14, 2010 as presented. Motion carried unanimously. 2. Discussion of City Council Designated Seats Mayor Cook explained that in 2002, a group he was on petitioned for designated seats. The reasoning given was that in a head -to -head election, the winner will have more than 50% of the vote. A higher percentage of votes for the winning candidate(s) should mean the majority of votes indicates the best candidate. Mayor Cook expressed that he feels that a candidate should get to select whom he /she would like to run against in a head -to -head race. Roger Stearns shared that he feels the designated seat system is political game playing. Discussion was held regarding the number of votes on the Charter Amendments in 2002. Approximately 55% voted in favor of the Charter Amendment. Mayor Cook noted other large cities that use a designated seat system. � ba) Jim Haugen expressed that he feels designated seats can open the door for political games and placing politics. Mayor Cook shared that he felt a candidate should have the right to choose whom he /she runs against. Diane Gordon expressed that designated seats seem like they could potentially cause political underhandedness. Mayor Cook asked that the votes are not discounted from the 2002 election because of good voter turnout and education. Virgil Voigt expressed that the old system could have allowed for the incumbent to be completely ousted, where the designated seat system may not allow for that. Mary Inglis reminded the Commission to not only focus on the current election, but rather to consider the entire situation. Walt Clay noted that this is an issue to be cognizant of and monitored, but that it need not necessarily be changed today. Mayor Cook and Jim Haugen excused themselves at 6:15 p.m. 3. Discussion of Charter Commission Member Term Limits Marc Sebora reviewed the term limits for the Charter Commission members. Diane Gordon will be moving from Hutchinson in September and her seat will need to be filled. Walt Clay's, Virgil Voigt's, and Judy Simon's terms will expire in August 2010 and each have served two full terms. Lyle Mullins, Roger Stearns, and Steve Bauer are eligible for reappointment. 4. Miscellaneous No miscellaneous business was presented. 5. Adjourn Motion by Walt Clay, second by Virgil Voigt to adjourn at 6:20p.m. 1 I La� MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 20, 2010 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members present: Chris Kovacic, Chad Czmowski, Dean Kirchoff , Dave Johnston and Chairman Lofdahl. Absent: Christie Rock and Jim Fahey Also present: Dan Jochum, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated June 15, 2010. Mr. Kovacic moved to approve the consent agenda as submitted. Seconded by Mr. Kirchoff. The consent agenda was approved unanimously 4. PUBLIC HEARINGS a) CONSIDERATION OF A VARIANCE TO REPLACE AN EXISTING DETACHED GARAGE IN THE FRONT YARD AT 25 GRIFFIN AVENUE N.E. Chairman Lofdahl opened the hearing at 5:31 p.m. with the reading of publication #7822 as published in the Hutchinson Leader on July 8, 2010. Mr. Jochum commented on the request and explained the property owners are requesting a variance to allow an accessory structure in the front yard setback. The existing nonconforming single stall garage is 14' x 22' and placed approximately 3 feet from the interior property line. The proposed 28'x 34' garage will meet all setback requirements. He explained the ordinance definition of lot front. He explained this is a reasonable request and hardship because of the lot size. Mr. Jochum commented on the garage appearance to keep the residential character of the neighborhood. He reminded the commissioners of the standards for granting a variance. He explained the garage will not alter the character of the neighborhood. Discussion followed on the placement of the garage in relationship to the property to the north. Mr. Kirchoff made a motion to close the hearing. Seconded by Mr. Czmowski, the hearing closed at 5:39 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff recommendations 1 and 2. Seconded by Mr. Kovacic, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held July 27, 2010 in the Council Chambers at 5:30 p.m. b) CONSIDERATION TO REZONE PROPERTY IN A RESIDENTIAL AREA FROM C -1 (NEIGHBORHOOD CONVENIENCE COMMERCIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) AT 502 HARRINGTON STREET S.W. Chairman Lofdahl opened the hearing at 5:40 p.m. with the reading of publication #7822 as published in the Hutchinson Leader on July 8, 2010. 1 �ll L6) Minutes Planning Commission —July 20, 2010 Page 2 Mr. Jochum commented on the request and explained the previous use as a neighborhood grocery store. He commented on the surrounding zoning of R -2. He stated staff discussed the address to be off of 5`" Avenue as 702 to be consistent with the addresses in the area for public safety. The upper unit should be addressed as Unit 1 and lower unit as Unit 2. He commented on the easterly concrete parking area as not appropriate for the residential use proposed. Staff suggested the property owner mitigate the concrete to reduce the impervious coverage. He commented on the staff recommendation of landscaping treatments being added to the Harrington Street side of the residence, which would help the property fit into the surrounding neighborhood. The proposed use meets the intent of the R -2 zoning. The lot is an existing nonconforming lot and this is an appropriate use for the lot. Mr. Jochum commented on the following staff recommendations: 1. The address of the property will be changed to 702 a Ave. SW, in order to be consistent with neighboring properties, as well as be easier to find for public safety reasons. 2. Landscaping treatments should be added to the Harrington St. side of the property which will create more green space so the property will fit the residential character of the neighborhood better. 3. The rezoning is consistent with the Comprehensive Plan, as well as the intent of the R -2 zoning district in the Zoning Ordinance. 4. The property needs to meet the requirements of the R -2 zoning district. Discussion followed on the lot coverage and drainage. There was a suggestion to reduce the curb cut to 32'. The applicant is requesting the use change and the applicant is responsible to remove the concrete. Mr. Exner suggested a 24' curb cut because there is a second access off 5`" Ave. Discussion followed on the removal of some concrete at the Planning Commisioners discretion Mr. Exner would suggest to get the impervious coverage to 50% and keep with character of the neighborhood. He would recommend removing the concrete in the boulevard. He stated a surmountable curb is alright but decrease curb cut to a 24' width. Discussion followed on work presently being done now. It was explained only some outside work is being done on the northeast comer of the property. Mr. Exner stated that a B -6 curb must be replaced at the excavation work. Lonnie Brand, Edina Realty, stated the wall being removed was silo staves and needed to be fixed. He explained he and the property owner did not realize this was a commercial zone. He commented on the recommendation of removing 200 sq. ft. of concrete to get to 50% impervious coverage. He explained the plan for planters to be placed on the east side of the house to make a residential appearance. He commented on the proposed landscaping. Discussion followed on the location of the 200 sq. ft. to be removed. Mr. Brand explained the snow removal issues. There was discussion on the areas that could be removed. Mr. Brand again commented on the residential look of the house and asked if they could add green space on top of the concrete with planters. Mr. Scott stated he will be planting gardens on the property. Mr. Jochum commented on other options to the impervious surface issue. In discussions on the need to remove 200 sq. ft. on the property, there was a suggestion to take out one section of concrete on the city right of way and plant a tree with grass in the area. The 200 sq. ft. can be anywhere on the lot. The consensus was to add a recommendation to have only 50% of impervious surface on the lot. Mr. Jochum stated city staff will verify the actual lot coverage. Mr. Exner again stated the N.E. corner should be a B -6 curb and will be the responsibility of the property owner to install. � I ('�>) Minutes Planning Commission —July 20, 2010 Page 3 Mr. Scott commented on the look of the building and impervious surface. Mr. Kirchoff made a motion to close the hearing. Seconded by Mr. Czmowski, the hearing closed at 6:25 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff recommendations. 1-4 and add language to item 2 "continue with B -6 curb around the northeast corner of the lot to the end of the radius." Also change item 4 to read: "The property needs to meet the intent of the requirements of the R -2 zoning district and reduce the impervious lot coverage by approximately 200 sq. ft. to 50% lot coverage." Seconded by Mr. Kirchoff, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held July 27, 2010 in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS a) DISCUSSION OF PROPOSED AMENDMENT TO THE SIGN ORDINANCE REGARDING MOVING MESSAGE TYPE SIGNS Mr. Jochum commented on the revisions proposed and showed pictures of some of the existing electronic signs in the city. He explained the new language would help address safety issues and he commented on the need to address electronic message center sign size, brightness, distractions, etc. There was discussion on not permitting animation on the signs. There are some existing signs that do have animation. This would not be permitted. b) DISCUSSION OF PROPOSED AMENDMENT TO THE SHORELAND MANAGEMENT SECTION OF THE ZONING ORDINANCE Mr. Jochum commented on the general definitions to define height of buildings and impervious surface. There was discussion on measuring the height of a building and how to measure the height on a hill. Mr. Jochum explained there would be a proposed average grade for each situation. We would require the average ground elevation as proposed by the surveyor. Mr. Jochum explained impervious surface will include deck language. Discussion followed on using roof overhangs in the calculation. We presently do not use roof overhangs in the calculation. Variances would be reviewed case by case on allowing use of rain gardens to mitigate the run- off. The public hearing for the ordinance will be next month. Consensus of the commissioners is to add mitigation language. Staff will forward the language to the Planning Commissioners before the public hearing. There was discussion on the use of rain barrels to mitigate the first one inch of run -off. S. OLD BUSINESS COMMUNICATION FROM STAFF Mr. Jochum commented on a fence on South Grade Road by the trail. He explained it was installed 6" to 8" from the trail. He reported the fence is on the property owners lot and according to the ordinance can legally be installed up to the trail. He would propose future language for At) Minutes Planning Commission — July 20, 2010 Page 4 setback of fences off of trails to be 2' from the trail easement. There was discussion on a moratorium to allow time to change the language. 8. ADJOURNMENT There being no further business the meeting adjourned at 7:20 p.m. � �b) CITY OF HUTCHINSON FINANCIAL REPORTS (JULY 2010 AS OF 0811612010) EXPENDITURES BY DEPTARTMENT: MAYOR & CITY COUNCIL ADMINISTRATION ELECTIONS FINANCE DEPARTMENT MOTOR VEHICLE ASSESSING LEGAL PLANNING INFORMATION SERVICES POLICE DEPARTMENT EMERGENCY MANAGEMENT SAFETY COMMITTEE FIRE DEPARTMENT PROTECTIVE SERVICES ENGINEERING STREETS & ALLEYS CITY HALL BUILDING PARK/REC ADMINISTRATION RECREATION SENIOR CITIZEN CENTER CIVIC ARENA PARK DEPARTMENT RECREATION BLDG & POLL EVENT CENTER EVERGREEN BUILDING LIBRARY CEMETERY AIRPORT UNALLOCATED GENERAL EXP. TOTAL EXPENDITURES EXPENDITURES BY FUNCTION OF GOVERNMENT: 2009 2010 2010 2010 2010 JULY JULY MONTH OF JULY ADOPTED BALANCE PERCENT YTD JULY YTD BUDGET REMAINING USED 20,829.45 2009 2010 2010 2010 2010 JULY 29,915.36 JULY MONTH OF JULY ADOPTED BALANCE PERCENT DESCRIPTION: YTD JULY YTD BUDGET REMAINING USED TAXES 1,974,711.95 - 2,073,924.84 4,404,300.00 2,330,375.16 47% LICENSES 44,817.43 495.95 46,100.57 58,281.00 12,180.43 79% PERMITS 125,644.82 18,985.57 85,150.73 297,596.00 212,445.27 29% INTERGOVERNMENTAL REVENUE 1,158,743.55 996,130.49 1,047,520.59 2,164,243.00 1,116,722.41 48% CHARGES FOR SERVICES 826,475.60 132,436.60 877,153.45 1,767,647.00 890,493.55 50% FINES & FORFEITS 15,812.49 4,788.13 20,736.36 45,000.00 24,263.64 46% INTEREST ON INVESTMENTS (11,788.39) - (1,134.47) 70,000.00 71,134.47 -2% REIMBURSEMENTS 337,925.08 (70,493.85) 191,744.61 419,850.00 228,105.39 46% TRANSFERS 748,362.41 354,019.47 712,995.83 1,901,083.00 1,188,087.17 38% SURCHARGES 1,562.62 (77.23) 871.02 1,000.00 128.98 87% FUND BALANCE - 1,416,898.00 576,682.17 10,000.00 10,000.00 0% TOTAL REVENUES $ 5,222,467.56 $ 1,436,285.13 $ 5,065,063.63 $ 11,139,000.00 $ 6,083,936.47 45% EXPENDITURES BY DEPTARTMENT: MAYOR & CITY COUNCIL ADMINISTRATION ELECTIONS FINANCE DEPARTMENT MOTOR VEHICLE ASSESSING LEGAL PLANNING INFORMATION SERVICES POLICE DEPARTMENT EMERGENCY MANAGEMENT SAFETY COMMITTEE FIRE DEPARTMENT PROTECTIVE SERVICES ENGINEERING STREETS & ALLEYS CITY HALL BUILDING PARK/REC ADMINISTRATION RECREATION SENIOR CITIZEN CENTER CIVIC ARENA PARK DEPARTMENT RECREATION BLDG & POLL EVENT CENTER EVERGREEN BUILDING LIBRARY CEMETERY AIRPORT UNALLOCATED GENERAL EXP. TOTAL EXPENDITURES EXPENDITURES BY FUNCTION OF GOVERNMENT: 2009 2010 2010 2010 2010 JULY JULY MONTH OF JULY ADOPTED BALANCE PERCENT YTD JULY YTD BUDGET REMAINING USED 20,829.45 2,76171 20,088.89 56,310.00 36,221.11 36% 216,075.86 29,915.36 225,518.30 408,020.00 182,501.70 55% - 488.21 2,621.58 14,000.00 11,378.42 19% 349,532.23 40,849.62 290,879.06 512,296.00 221,416.94 57% 154,438.79 20,031.33 157,399.74 234,028.00 76,628.26 67% - - - 61,911.00 61,911.00 0% 106,837.06 16,341.32 115,997.88 230,363.00 114,365.12 50% 80,390.29 11,980.46 54,223.03 152,746.00 98,522.97 35% 158,491.22 22,696.70 173,840.94 283,083.00 109,242.06 61% 1,676,836.50 250,138.70 1,656,536.87 3,060,716.00 1,404,179.13 54% 4,146.72 609.81 10,716.39 18,000.00 7,283.61 60% 8,747.50 3,255.00 8,955.00 13,450.00 4,495.00 67% 179,291.94 34,163.62 196,495.11 437,194.00 240,698.89 45% 141,440.29 16,481.09 124,485.58 268,773.00 144,287.42 46% 266,623.31 36,575.36 251,946.32 462,781.00 210,834.68 54% 805,103.49 243,806.72 840,215.83 1,416,898.00 576,682.17 59% 67,414.51 6,278.37 69,307.71 143,532.00 74,224.29 48% 120,163.33 15,732.10 121,786.61 211,466.00 89,679.39 58% 168,182.04 43,156.23 165,663.05 219,566.00 53,902.95 75% 35,705.33 9,376.68 47,835.03 81,783.00 33,947.97 58% 190,539.31 17,813.54 178,474.15 326,489.00 148,014.85 55% 509,616.80 76,505.03 409,577.69 728,460.00 318,882.31 56% 101,866.96 8,365.48 85,555.57 141,716.00 56,160.43 60% 145,916.93 16,267.53 120,850.46 231,903.00 111,052.54 52% 6,881.06 213.35 6,959.55 14,050.00 7,090.45 50% 128,686.82 1,605.47 92,300.92 189,454.00 97,153.08 49% 87,883.47 11,853.66 71,511.75 134,541.00 63,029.25 53% 44,270.22 11,662.26 54,845.21 109,528.00 54,682.79 50% 443,305.16 142,809.92 436,050.66 975,943.00 539,892.34 45% $ 6,219,216.59 5 1,091,734.63 $ 5,990,638.88 $ 11,139,000.00 $ 5,148,361.12 54% 2009 2010 2010 2010 2010 JULY JULY MONTH OF JULY ADOPTED BALANCE PERCENT YTD JULY YTD BUDGET REMAINING USED GENERAL GOVERNMENT 1,154,009.41 160,796.81 1,109,877.13 2,096,289.00 986,411.87 53% PUBLIC SAFETY 2,010,462.95 341,223.58 1,997,188.95 3,798,133.00 1,800,944.05 53% STREETS &ALLEYS 1,071,726.80 250,085.09 1,092,162.15 1,879,679.00 787,516.85 58% PARKS & RECREATION 1,407,558.58 173,303.31 1,229,003.03 2,144,887.00 915,883.97 57% MISCELLANEOUS 575,458.85 166,325.84 562,407.62 1,220,012.00 657,604.38 46% $ 6,219,216.59 $ 1,091,734.63 $ 5,990,638.88 $ 11,139,000.00 $ 5,148,361.12 54% L) Institution Description Smith Barney CD's Smith Barney FHLB Smith Barney CD's Smith Barney CD's Smith Barney CD's Smith Barney CD's Edward Jones FHLB Wells Fargo FHLM - Step Wells Fargo FHLM - Step Wells Fargo FHLM - Step Wells Fargo FHLM - Step Wells Fargo FNMA - Step Wells Fargo FNMA - Step Wells Fargo FHLB - Step UBS Financial FHLB - Step UBS Financial FHLB - Step CITY OF HUTCHINSON INVESTMENT REPORT July 31, 2010 Date Date Interest of of Rate Purchase Maturity Amount 2.75°/x- 3.15% 5/20/2009 5/2912012 350,000.00 5.200% 4122/2010 4/15/2015 500,000.00 3.3 % -3.4% 6/10/2009 6/10/2013 300,000.00 2.450% 7/22/2009 7/2312012 500,000.00 1.400% 1/27/2010 1/27/2012 248,000.00 1.400% 1/22/2010 1/23/2012 496,000.00 2.000% 3/26/2008 3/26/2012 500,000.00 2.000% 4/29/2010 10/29/2016 650,000.00 3.000% 3/24/2010 9/24/2018 1,000,000.00 2.000% 7/27/2010 7/27/2018 500,000.00 2.625% 4/28/2010 10/28/2010 600,000.00 2.000% 6129/2010 7/12/2019 1,000,000.00 3.250% 7/10/2010 7/12/2019 1,000,000.00 2.000% 5/17/2010 5/17/2016 500,000.00 2.000% 3/23/2010 3/23/2016 500,000.00 4.125% 5/10/2010 4/29/2025 500,000.00 $ 9,144,000.00 I � Lj) • ORDINANCE NO. 10 -0559 AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18 PERTAINING TO HOURS OF CONSTRUCTION DURING THE 1if E77 QON_STRUCTION PROJECT Findings of the City Council: That on or about May 15, 2010, Letting No. 1, Project No. 10 -01 commenced improvement on Adams Street /CSAH 25 in the City of Hutchinson. In order to have the project completed in a timely manner and to eliminate delays and additional expenses for the City of Hutchinson and the County of McLeod, as well as for the public good, governmental entities and their contractors and subcontractors may need to work longer hours then permitted in Hutchinson City Code §92.18 V2(c) which permits construction activities only between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Therefore, the Council of the City of Hutchinson does hereby ordain that Hutchinson City Code §92.18 shall not be enforced on Letting No. 1, Project No. 10 -01 until November 1, 2010. Adopted by the City Council this 31" day of August, 2010. 0 Attest: Gary D. Plotz, City Administrator Steven W. Cook, Mayor • � at!) 0 1149 Hwy 22 S. Hutchinson, MN 55350 City of Hutchinson SEWER • WATER • GRADING , (320) 587 -5918 Fax (320) 587 -1044 R &R Excavating, Inc is requesting extended work hours outside of the current city noise ordinance for the sole purpose of saw cutting the mainline concrete on the Adams street project. This work would take place through out the night to ensure proper stress relief of the concrete. We anticipate that this will happen 3=4•times over the duration of the project. Notice would be given to the residents in the affected area stating when this will be happening. We will keep this work to an absolute minimum. Thank you for considering this request and please let us know the out come. Gunnar Smith Project Manager R &R Excavating, Inc • is iac�) 0 August 23, 2010 To the City of Hutchinson Hoffman Concrete is the Concrete Paving Subcontractor for the Adams Street Project. It has been brought to our attention that your city (like most others) has a noise ordinance and limits the working hours for contractors. This has not been an issue with us so far but we are going to run into a problem when we do the mainline paving on Adams Street. The nature of concrete paving requires that the slab be sawed at the proper time to prevent random cracking. On a big slab like we are placing, this timing is critical. If we saw too early, the joints will ravel and the aggregate /cement bond will be impacted. This can lead to maintenance issues in the future. If we saw too late, there will be random cracking. For this reason, we need to continue our sawing operation into the night hours. We cannot predict when a section of the slab will be ready to saw, but the ideal window is as narrow as an hour. For this reason we are asking for your support and begging your forgiveness in advance for any problems this sawing may cause. Please note that we are not asking for extended working hours beyond the 6:00 AM start, except for the sawing. This will only happen when we are doing the mainline paving. We expect this to be no more that 3 or 4 days over the course of the remainder of the job, and will only affect one neighborhood at a time. It will not be necessary when we are doing the turn lanes or the widening lanes north of 5th Avenue, but may be necessary on the widening lanes south of 5`h as we get out toward the . bridge. We are very aware of the city's concern over the noise issue during the sawing phase, but this cannot be helped. We face this problem on nearly every urban residential neighborhood job, but we have never before been told that we cannot continue after a certain time. Please be assured that we will do what we can to mitigate the problem and to delay any work that can be delayed (such as center line sawing) until daylight hours. Typically, the concrete is set enough to begin sawing about 8 or 9 hours after we start paving, but once evening hits, the set rate slows. Generally the operator has a hotel room nearby, and will stop for an hour ortwo when the cuts start to ravel, and then start back up and saw until he catches up with the "set" again. (This is probably the most irksome to people that do not understand why he stops and then starts back up again) He will generally finish sawing about 10 -12 hours after the paving operation stops. The forecast for Tuesday night is into the 50's, so it will be late, but we have seen this last as long as 18 — 24 hours. It has been suggested that we break the mainline paving north of 5th ave on Adams up into a 2 or 3 day operation, but even if we stop each day at noon, there is no guarantee we would be done sawing within the suggested time line. We feel it is better for all concerned if we proceed with our plans to complete this work as quickly and efficiently as possible. It is our goal to complete this section in one day. If we are instructed to stop sawing, we will do so, but only after we are given an official order to stop with a time stamp record of proof for this order. At that point, we cannot accept responsibility for any • random cracking, curling or other issues that will likely occur beyond the point where we were forced to stop using conventional sawing methods with our rider saw. • Thank you for your consideration. I hope everyone realizes that the integrity of a $250,000 pavement is at stake here, and we need to be allowed to carry out our duties to ensure that it is properly cared for. We would much rather not have someone out on the street sawing after dark, but we simply have no choice with these big slabs. Steve Rentz Hoffman Concrete Inc C .J • o-6�)