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cp02-09-2016HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, FEBRUARY 9, 2016 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER— 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — Faith Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (]his is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals.) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of January 26, 2016 CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Issuing Short -Term Gambling License to 3M Club on March 31, 2016 (b) Consideration for Approval of Issuing Short -Term Gambling License to Hutchinson Rotary Foundation on April 15, 2016 (c) Consideration for Approval of Issuing Short -Term Gambling License to Crow River Habitat for Humanity on May 13, 2016 (d) Consideration for Approval of Change Order No. 1 — Letting No. 13, Project No. 15-13 (Wastewater Treatment Facility Forcemain Bypass Improvements) (e) Consideration for Approval of Resolution No. 14527 — Resolution Adopting Revised Assessment for SA5079A (f) Claims, Appropriations and Contract Payments — Register A 8. APPROVAL OF CONSENT AGENDA 11 (a) Claims, Appropriations and Contract Payments — Register B CITY COUNCIL AGENDA FEBRUARY 9, 2016 PUBLIC HEARINGS (6:00 P.M.) 9. 2016 PAVEMENT MANAGEMENT PROGRAM PHASE 1 PROJECT (LETTING NO. 1, PROJECT NO. 16-01) (a) Approve/Deny Resolution No. 14523 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Approve/Deny Resolution No. 14524 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids 10. 2016 STREET SEAL COATING PROJECT (LETTING NO. 3, PROJECT NO. 16-03)) (a) Approve/Deny Resolution No. 14525 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Approve/Deny Resolution No. 14526 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids 11. CITY OF HUTCHINSON LOCAL SURFACE WATER MANAGEMENT PLAN COMMUNICATIONS REQUESTS AND PETITIONS (The purpose oj this portion oj the agenda is to provide the 7777—with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities.) 12. FIRE DEPARTMENT 2015 YEAR END REPORT 13. CREEKSIDE 2015 YEAR END REPORT 14. UPDATE BY STEVE COOK ON FOUNDERS' PARK AND SIGNAGE GRANT UNFINISHED BUSINESS 15. CONSIDERATION OF ORDINANCE NO. 15-749 — AN ORDINANCE APPROVING REVISIONS TO SECTIONS OF THE HUTCHINSON CITY CHARTER AS RECOMMENDED BY THE CHARTER COMMISSION (Second Reading and Consideration of Adoption) 16. APPROVE/DENY ORDINANCE NO. 16-750 — AN ORDINANCE AMENDING CHAPTER 154 OF THE ZONING CODE — MICRO -DISTILLERY COCKTAIL ROOMS (Second Reading and Consideration of Adoption) 17. APPROVE/DENY ORDINANCE NO. 16-751 — AN ORDINANCE AMENDING CHAPTER 154 OF THE ZONING CODE - ACCESSORY STRUCTURES (Second Reading and Consideration of Adoption) 18. APPROVE/DENY ORDINANCE NO. 16-752 — AN ORDINANCE AUTHORIZING THE SALE OF PUBLIC PROPERTY TO MACH1 PROPERTIES LLC (Second Reading and Consideration of Adoption) NEW BUSINESS 19. APPROVE/DENY ORDINANCE NO. 16-753 — AN ORDINANCE AUTHORIZING THE SALE OF PUBLIC PROPERTY TO TITANIUM PARTNERS LLC (First reading, Set second reading and consideration of adoption for February 23, 2016) 20. APPROVE/DENY RESOLUTION NO. 14522 - RESOLUTION APPROVING THE FILING OF A PETITION TO REQUEST AMENDMENT TO THE MPCA RIVERINE STANDARDS 21. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR FEBRUARY 23, 2016, AT 4:00 P.M. TO DISCUSS PROPOSED HUTCHINSON ENTERPRISE CENTER WITH THE ECONOMIC DEVELOPMENT AUTHORITY 2 CITY COUNCIL AGENDA FEBRUARY 9, 2016 22. APPROVE/DENY SETTING BOARD OF APPEAL AND EQUALIZATION FOR APRIL 20, 2016, AT 5:30 P.M. GOVERNANCE (T e purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 23. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Library Board Minutes from December 28, 2015 (b) Snow Removal — Ice Control Report for January 2016 MISCELLANEOUS 24. STAFF UPDATES 25. COUNCIL/MAYOR UPDATE ADJOURNMENT HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JANUARY 26, 2016 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER— 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Chad Czmowski, Bill Arndt and John Lofdahl. Member absent was Mary Christensen. Others present were Matt Jaunich, City Administrator, Marc Sebora, City Attorney and Kent Exner, City Engineer (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Lofdahl, second by Czmowski, to add the following items to the agenda: Summary of Closed Meeting Proceedings for City Administrator Annual Performance Review Session — Item 6(b) Resolution No. 14521 — Amending Resolution No. 14476 Special Assessment Certification to McLeod County — Item 6(g) Motion carried unanimously. 2. INVOCATION — Vineyard United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS is is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance ofthe meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals.) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of January 12, 2016 (b) Summary of Closed Meeting Proceedings for City Administrator Annual Performance Review Session Motion by Czmowski, second by Lofdahl, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Resolution No. 14507 — Resolution Approving the Issuance of Commercial Development Revenue Bonds under the Minnesota Municipal Industrial Development Act by McLeod County, Minnesota (b) Resolution No. 14520 — Resolution Approving Securities for Collateral from Citizens Bank and Wells Fargo Bank CITY COUNCIL MINUTES JANUARY 26, 2016 (c) Consideration for Approval of Purchase of Skid -steer Loader for Refuse Department (d) Consideration of Board Appointments - Appointment of William Mose to Creekside Advisory Board to October 2019 - Appointment of Pat Lembcke to HRA Board to August 2020 (e) Consideration for Approval of Issuing Short -Term Gambling Licenses - Minnesota Deer Hunter's Association on April 2, 2016, at McLeod County Fairgrounds - Pheasants Forever on April 30, 2016, at McLeod County Fairgrounds (f) Claims, Appropriations and Contract Payments — Register A (g) Resolution No. 14521 — Amending Resolution No. 14476 Special Assessment Certification to McLeod County Item 7(d) was pulled for separate discussion. Motion by Lofdahl, second by Arndt, to approve Consent Agenda I with the exception of Item 7(d). Motion carried unanimously. Item 7(d) had further discussion. Council Member Czmowski noted he had concerns with appointing William Mose to the Creekside Advisory Board based on information he has received. He has no issues with appointing Pat Lembcke to the HRA Board. Motion by Czmowski, second by Arndt, to appoint Pat Lembcke to the HRA Board. Motion carried unanimously. Motion by Czmowski second by Lofdahl to deny appointing William Mose to the Creekside Advisory Board. Council Member Czmowski noted that Mr. Mose is a disbarred attorney and has applied a few times to various boards. Mayor Forcier noted he has applied a few times, but he is willing to find another appointee. Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA 11 (a) Claims, Appropriations and Contract Payments — Register B Motion by Arndt, second by Czmowski, with Forcier abstaining, to approve Consent Agenda II. Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) - NONE e purpose o t is portion oJ the agenda is to provide the Council with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities.) 9. LIQUOR HUTCH 2015 YEAR END REPORT Matt Jaunich, City Administrator, explained that he has asked the majority of City departments to provide annual reports to the Council over the next few months. The Liquor Hutch is the first of several reports. Candice Woods, Liquor Store Manager, presented before the Council. Ms. Woods provided sales history information and information on the general fund transfers over the last several years. Sales have increased 4.3% since 2014. Ms. Woods then reviewed sales trends, successful ongoing promotions and planned operational changes. Ms. Woods lastly mentioned that Hutchinson is the number two store in sales in outstate Minnesota, with Detroit Lakes being number one. 2 CITY COUNCIL MINUTES JANUARY 26, 2016 10. REVIEW OF CITY SNOW/ICE REMOVAL PRIORITIZATION John Olson, Public Works Manager, presented before the Council. First off, Mr. Olson introduced three new public works employees that recently started employment with the City. They included Donovan Schuette — Arborist; Jim Navratil — Water Maintenance Technician; James Trnka — Equipment Operator. Mr. Olson provided a presentation on the prioritization of snow/ice removal operations throughout the city. Mr. Olson spoke about moving snow, melting snow, snow emergencies, facilitating traffic, and initiating operations using weather monitoring. Mr. Olson elaborated that when initiating operations, both timing and options for operations are considered. Mr. Olson explained the priority routes: #1) priority routes & central business district (where no boulevard storage exists); #2) other business districts, truck routes & the airport; #3) through streets & specifically identified public properties; #4) cul-de-sacs, dead-end streets & alleys; 95) specifically identified sidewalks, trails & walkways; Last other public properties & maintenance activities. Mr. Olson explained that whenever possible and snow accumulations and timing allow, the City removes snow from downtown concurrently with other snow removal/ice control operations. Mr. Olson reviewed snow removal on sidewalks and trails. UNFINISHED BUSINESS 11. DISCUSSION OF PROPOSED CHARTER AMENDMENTS Council Member Lofdahl asked that the Council discuss this item a bit as the item will be voted on at the next Council meeting. Council Member Lofdahl is suggesting that the ordinance be sent back to the Charter Commission and perhaps consider eliminating Section 2.09. Council Member Lofdahl also asked the Council to consider four-year mayoral terms and have the voters vote on it. Matthew Jaunich, City Administrator, noted that the proposed revision to Section 2.09 grants the Council the authority to cancel an election if only one person files for office. Council Member Lofdahl noted that with a four-year mayoral term it offers some things to the candidate and he also feels that having the item on the 2016 ballot will allow for very good voter turnout. Lofdahl also thought that 2.09 should be voted on by the people. Mayor Forcier concurred that the four-year mayoral term item should be brought before the voters. Council Member Arndt commented that he is not in favor of a four-year mayoral term, however he feels the people should vote on it. He would actually be in favor of two-year council member terms. Council Member Lofdahl spoke on some benefits of a four-year mayoral term. The Council and city attorney spoke about the procedures to amend the City Charter. NEW BUSINESS 12. APPROVE/DENY ORDINANCE NO. 16-750 — AN ORDINANCE AMENDING CHAPTER 154 OF THE ZONING CODE — MICRO -DISTILLERY COCKTAIL ROOMS (SET SECOND READING AND ADOPTION FOR FEBRUARY 9, 2016) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that in 2014, the City approved allowing brew pubs and taprooms to various zoning districts via conditional use permit in industrial and commercial zoning districts. The proposed ordinance allows microdistillery cocktail rooms in the same zoning districts. Motion by Czmowski, second by Arndt, to approve first reading and set second reading and adoption of Ordinance No. 16-750 for February 9, 2016. Motion carried unanimously. 13. APPROVE/DENY ORDINANCE NO. 16-751 — AN ORDINANCE AMENDING CHAPTER 154 OF THE ZONING CODE - ACCESSORY STRUCTURES (SET SECOND READING AND ADOPTION FOR FEBRUARY 9, 2016) CITY COUNCIL MINUTES JANUARY 26, 2016 Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that the Planninu Commission is recommending revising the zoning ordinance related to accessory structure size limitations as well as some other language related to accessory structures. Council Member Lofdahl raised some issues with very large accessory structures and with the potential of lot splits in the future - residential districts shouldn't be able to put up a 2000 sq. ft. accessory structure. Motion by Czmowski, second by Arndt, to approve first reading and set second reading and adoption of Ordinance No. 16-751 for February 9, 2016. Roll call vote: Lofdahl — nay; Arndt — aye; Czmowski — aye; Forcier — aye; Motion carried 3 to 1. 14. APPROVE/DENY ORDINANCE NO. 16-752 — AN ORDINANCE AUTHORIZING THE SALE OF PUBLIC PROPERTY TO MACH1 PROPERTIES LLC (SET SECOND READING AND ADOPTION FOR FEBRUARY 9, 2016) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that recently a new property owner took ownership of property at Hwy 7 East and High Street. The property owner has an insurance company on the property who would like to erect a sign on the property. The sign is proposed to be partially located in City right-of-way. The City no longer requires use of this right- of-way and is willing to sell it to the property owner for erection of the sign. Motion by Arndt, second by Lofdahl, to approve first reading and set second reading and adoption of Ordinance No. 16-752 for February 9, 2016. Motion carried unanimously. GOVERNANCE e purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 15. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS �a) Resource Allocation Committee Minutes from January 5, 2016 b) Hutchinson Housing & Redevelopment Authority Board Minutes from December 15, 2015 �c) 2015 Department of Motor Vehicle Recap d) Planning/ZoningBuil ding Department Fourth Quarter Report (e) Planning Commission Minutes from December 15, 2015 MISCELLANEOUS 16. STAFF UPDATES Kent Exner — Mr. Exner noted the Resource Allocation Committee meeting will be rescheduled to February 3, 2016. South Grade Road Trail is being worked on. Mr. Exner explained that the Hwy 7/High Street parcel that was acted on tonight was a remnant parcel from when MnDOT realigned Hwy 7 during the reconstruction project. Matthew Jaunich — Mr. Jaunich noted that he and the mayor attended the Crow River Builders' Association meeting last night and they are working on continuing to build relationships between contractors and staff. Mr. Jaunich also explained that city officials met with Ridgewater College officials on unpaid assessments and property that needs to be conveyed. 17. COUNCIL/MAYOR UPDATE Bill Arndt — Council Member Arndt noted he has been attending the McLeod County trails meetings. The plan will be going to the McLeod County Commissioners in the near future. The purpose is to set up a county trail system. Jan. 30 — Kiwanis sledding event; Feb. 3 — Elks Commander at American Legion. Council Member Arndt suggested meeting with the legislators before the session starts if possible. .19 CITY COUNCIL MINUTES JANUARY 26, 2016 John Lofdahl — Council Member Lofdahl noted he attended the CFA annual meeting last night and they are doing very well. They are improving youth art education and the new director is really flourishing. CFA will most likely need to find a new location within three years. Gary Forcier —Mayor Forcier spoke about the Hwy 212 project. Council Member Arndt noted he will suggest that Region 6E support the project. ADJOURNMENT Motion by Arndt, second by Lofdahl, to adjourn at 7:00 p.m. Motion carried unanimously. HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Short-Term Gambling License - 3M Club Department: Administration LICENSE SECTION Meeting Date: 2/9/2016 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The 3M Club has submitted a short-term gambling license application into administration for review and processing. The application is for two events the organization is holding on March 31, 2016, and September 24, 2016. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short-term gambling licenses to 3M Club on March 31, 2016, and September 24, 2016. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: I I I Hassan Street Southeast Hutchinson, MN 55350 (320)587-5151/Fax (320)234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered ication ( Short Term Date(s) j - :� ) - /to - , '3 - 31 -C G Fee: $30-00 A1on1h1Da 1 } ear - A9onthlDa I} ear Organization Information teliL C 3:2(C) ---)-3`1- C`'c Name Phone Number }a J . mo _7 Z Address where regular meeting are held City State Zip Day and time of meetings? �, 7 ! 5 - 2 n rSc��y d/�t or-? 4-1, Is this organization organized under the laws of the State of Minnesota? qyes l] no How long has the organization been inexistence? How may members in the organization? What is the purpose of the organization? F r-V"Jp pe er In whose custody will records be p +organization CtC b►� ( —Fp L" 5 - (-/. C- -- 3 Name Phone Number .address City Slate zip Officer of the Ora anization True Name Phone Number Residence Address Cir State Zip Date of Birth: 1 j 1 Place of Birth: t � , N N'\ Month/day/year Cit Slate Have you ever been convicted of any crime other than a traffic offense? ❑ yes o If yes, explain: City of Hurchinson Application for- Bingo Gambling Deoces License Page ? of 3 Desienated Gambline Manaeer (4ualifaed under Minnesota :Statute � 329) d ;fS Via' U -3 3 4I - / 7 P True Name Phone Number Residence Address City l Stale zip Date of Birth: -;? 1 () I / -�'- C,, Place of Birth: _Vt, , rS--77 M "lj Month1daylyear City Stale Have you ever been convicted of any crime other than a traffic offense? ❑ yes /91 no If yes, explain: How long have you been a member of the organization?4 J Game information J tt 1 Aj C, �+r" t ( +✓ Location #1 Naim; of location where game will be played Phone A'umber Address of location where game will be played City State zip Date(s) and/or day(s) gambling devices will be used: — r ry Brough 3-,31 ~ /k' M Hours of the day gambling devices will be used: From To 0 0 Maximum number of player: J ? o 0 Will prizes be paid in money or merchandise? ❑ money jGerchandise Will refreshments be served during the time the gambling devices will be used? If ves. will a charse be made for such refreshments? ❑ ves ❑ no Game Information �T�r.I�t F /� 'f Location 42 ❑yes �no A'aine of location where Dame will YP played Phone Number `i� �O L 7 ;t yr a . 5 / «, i r. n Sam iY'2'-0 S3 - 3 -TO Address oflocation whey game will be played Cily State 7ip Date(s) and/or day(s) gambling devices will be used: through 9--,:,? --/-�--- AM Hours of the day gambling devices will be used: From TO l C1 eri 1 Maximum number of player: .7w e> Will prizes be paid in money or merchandise? ❑ money merchandise�� Will refreshments be served during the time the gambling devices will be used? �4es ❑ no If yes, will a charge be made for such refreshments? ❑ yes 140 Officers of the Ie Nance list additional nacres on Title lvoe-' r q(' "vhl "l' .S- N�- Inv,./ .3 S 3-�- O Rei once Address City Stale zip GlYl e f F ev f►�C'r Nunte Title Residence ,address City Slate lip Cit- of ffmchinson Applica[ion for Ringo Gambling Deviees License Page 3 of 3 Name Residence Address C Title State Z Officers or Other Persons Paid for Services Information i necesra , list additional names on separate sheet Arame Title Residence Address City State Zip Name Title Residence Address City ,State Zip Name Title Residence Address City State 7.i Have you (Gambling Manager and Authorized Officer) read. and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices Cas outlined in City of Hutchinson Ordinance l ]4.20 and Minnesota Statutes Chapter 349)? Gambling Manager Dyes Lino 11"/ Authorized Officer )16es ❑ no 7:-q Initial Initial declare that the information I have provided on this application is truthful, and [ authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. lating to gambling and 1 will familiarize myself with the contents thereof. Sign trsre �atflhorlzed officer ojorganizatiorr Date e of gambling manager of organization Internal Use Only City Council ❑ approved ❑ denied Notes: Date HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Short-Term Gambling License - Hutchinson Rotary Foundation Department: Administration LICENSE SECTION Meeting Date: 2/9/2016 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The Hutchinson Rotary Foundation has submitted a short-term gambling license application into administration for review and processing. The application is for an event the organization is holding on April 15, 2016, at the Crow River Golf Club. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short-term gambling license to Hutchinson Rotary Foundation on April 15, 2016. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: City 7A� 1 I 1 Hassan Street Southeast Hutchinson, MN 55350 (320)587-5151Tax: (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application Type Z( Short Term Date(s) Fee: $30.04 Month/DR ear — MoifthlDlYear Organization Information v �Gf Trd�so.J or.�r �2 f� ori D,¢ rr�a✓ 3 Z v -579 7 Name Phone Number 4A AJ Address where regular meeting are held City ,State zip Day and time of meetings? Is this organization organized under the laws of the Skate of Minnesota? 8 y ❑ no How long has the organization been in existence? -ZDz>How may members in the organization? What is the purpose of the organization? RoLits e & z mp4cv 4C 4 &A e In whose custody will organization records be kept? g a��o�-i'�arn� PeXaaes [_ h 4005a4 !�;g Aramel Phone Number Address Ciry State zip u Duly Authorized Officer of the Organization Information 11 Lim Phone Number Residence Address City State Zip Date of Birth: �� 1 �- 1 Place of Birth: 5"iv4 _ Monthldaylyear City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes no If yes, explain: City nfHutchinson Application for Ringo Gambling Devices License Page 2 aj 3 Designated Gambling Manager (Oualiftted under Minnesota Statute X329) I True Name Phone Number �I 0r6vjAI&Ive- /V�4 ss3s� Residene&Address City /Stale zip Date of Birth: �vZ ! 1 Place of Birth: �� ld r�-1 1� d Month/daylyear F City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes U-�l o If yes, explain: How long have you been a member of the organization? Game Information Location #I C44 Name of location where game will be played S17- 30 7o Phone /Number /;�7 /k/j .5.S 35_0 Address of location where game will he played City State Zip Date(s) and/or day(s) gambling devices will be used: Hours of the day gambling devices will be used Maximum number of player: 3 Sa ff %g through AM AM From To /O; O a CfjD Will prizes be paid in money or merchandise? 0-Mbney CFrrTe—r—chandise Will refreshments be served during the time the gambling devices will be used? 01-yus ❑ no If yes, will a charge be made for such refreshments? Hr yes ❑ no Game Information II Location #2 Name of location where game will be played Address or location where game will be played Phone Number City state Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? 0 yes ❑ no Officers of the Organization (ifnecessarv, list additional names on separate sheet) _ II Ran Nam R .sidence Address City -a-e �n t C. Name 5- A5 01A s+, s- (5 fr_-> a Residtllce Address City Title 111tj 5s:35-0 State Zip �P Title 5s-35-0 State zip City of Hatchias7on Applicarion for Bingo Gambling Devices License Page 3 of 3 Sara Tqrmt( Name Title Residence Address City State zip Officers or Other Persons Paid for Services Infbrmation (ifn Name Residence Address Name Residence Address Name Residence Address list additional nan2es an sepurale .shGetj Title City State zip Title City Stale zip Title Cily State zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager yes ❑ no L5 r, Authorized Officer yes Llnn Initial I atial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 1 14.2�relating to gambl' nd l willfame myself with the contents thereof. Signature authorized officer of organization Signature of'gambling manager of organization Internal Usc Oni City Council ❑ approved ❑ denied Notes: Date NI Date HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Short-Term Gambling License - Crow River Habitat for Humanity Department: Administration LICENSE SECTION Meeting Date: 2/9/2016 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Crow River Habitat for Humanity has submitted a short-term gambling license application into administration for review and processing. The application is for an event the organization is holding on May 13, 2016, at the Crow River Golf Club in Hutchinson, Minnesota. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short-term gambling license to Crow River Habitat for Humanity on May 13, 2016. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: "Ap �r I .f 1 I I Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151/Fav (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Apelication Type Short Term Date(s) May 13, 2016 _ May 13, 2016 Fee: $30.00 MonthlDa (Year — Afonth/Da /Year Or aniz on Information " Crow River Habitat for Humanity, Inc. 320-587-8868 Name Phone Number 218 Main St S. Ste 116 Hutchinson MN 55350 Address inhere regular meeting are held City Slate zip Day and time of meetings? Board meets 3rd Mon. of each month at 5:30pm Is this organization organized under the laws of the State of Minnesota? Ayes ❑ no 3 -Pd W - reg. W. How long has the organization been in existence? 22 yearSHow may members in the organization? 200 PL vol. What is the purpose of the organization? n n- rofit builds/rehabs homes for low income Families In whose custody will organization records be kept? Michele Meis CRHFH-Executive Director 320-587-8858 Name Phone Number 218 Main St S. Ste 116 Hutchinson MN 55350 Ad*ess CiLF State Zi I Duly Authorized Officer of the Oreanization Information William Hard (320) True Name Phone Number 22023 Walden Ave. Hutchinson MN 55350 Residence address City State Zip Date of Birth: Place of Birth: MonthWaylyear City Have you ever been convicted of any crime other than a traffic offense? ❑ yes X no If yes, explain: MN State City of Hutchinson Appticaiion far Bingo Gambling Devices License Page 2 of 3 Designated Gambling Manner (>, ualifred under Minnesola Statule V29) Michele Meis, CRHFH-Executive Director True Name 320-587-8868 Phone Number 626 Hafmony Lane SW Hutchinson MN 55350 Residence address City State Zip Date of Birth: 08 / 06 1 1958 Place of Birth: Clear Lake 5D Month/daylyear City Stale Have you ever been convicted of any crime other than a traffic offense? ❑ yes 0 no If yes, explain: How long have you been a member of the organization? 2 years Game Information Location #1 Crow River Golf Club [320] 587-3070 Name of location where game will be played Phone Number 915 Colorado 5t. NW Hutchinson MN 55350 Address of location where game will he played City State zip Date(s) and/or day(s) gambling devices will be used: May 13, 2016 through May 13, 2016 Hours of the day gambling devices will be used: From 5:30 P M 0 9:00 Maximum number of player: 550 Will prizes be paid in money or merchandise? X money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ](yes ❑ no If yes, will a charge be made for such refreshments? 0 yes ❑ no Location #2 Name of location where game will be played Address of location where game will be played Phone Number City State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From _ 2M To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? © yes ❑ no 9 Offi ers of the Organization f ifneeessarv. list additional names on .separate .sheet) Kevin Diettich President Name Title Ave E. Residence Address Winsted MN 55395 City State zip William Hard Vice -President Name Title 22023 Walden Ave. Hutchinson MN 55350 Residence Address City State zip City of Hutchinson Application for Bingo Ganthtrng Devices License Page 3 q(3 Kelsey Midthun Secretary Name Title 23199 735th Ave Dassel MN 55325 Residence Address City State ZiV Officers or Other Persons Paid for Services Information i necessat• , list additional names on separate sheet Name Title Residence Address city Slate zip Name Title Residence Address city State "Lip Name Title Residence Address City State zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager )4 yes ❑ no ') 1 1 i j Authorized Officer X yes ❑ no Initial Initial I declare that the information I have provided on this application is truthful, and 1 authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. �JZ'4- 01 0/2016 Signature o/ authorized officer of organization 0t�� Signature ofgambling manager of organization Internal Use Onl City Council ❑ approved ❑ denied Notes: Date Date HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Approval of Project Supplemental Agreement - L13/P15-13 - CO# 1 Department: PW/Eng LICENSE SECTION Meeting Date: 2/9/2016 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As construction has proceeded on the below listed projects there has been additional work, project scope revisions, and/or construction completion date changes. The items specified below have been identified and deemed necessary to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders and/or Supplemental Agreements are proposed as noted: o Change Order No. 1 — Letting No. 13/Project No. 15-13 — WWTF Forcemain Bypass Improvements This Change Order addresses the unforeseeable condition of the existing forcemain piping being at different elevations than shown on the provided record drawings and remove the sidewalk replacement work from the original contract. This Change Order does not affect the Final Completion Date. This Change Order does increase the original contract amount by $3,607.00. BOARD ACTION REQUESTED: Approval of Change Order Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: CHANGE ORDER NO. 1 CHANGE ORDER COMMENCEMENT OF DATE OF ISSUANCE 2101116 CONTRACT TIME October 13, 2015 OWNER City of Hutchinson. MN CONTRACTOR Gridor Constr.. Inc. PROJECT Letting No. 13, Project No 15-13 WWTF Forcemain Bypass Im rovements CONTRACT NO. L13/P15-13 ENGINEER Nero Engineering - YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENTS: DESCRIPTION: Additional materials, labor and equipment required for pipeline modifications. REASON FOR CHANGE ORDER: Existing forcemains were at a different elevations than shown on the record drawings. Removed sidewalk replacement from contract. ATTACHMENTS: COST ESTIMATE- GRIDOR CONSTR., INC. CHANGE IN CONTRACT PRICE Original Contract Price: $ 196 200.00 Net increase (decrease) from previous Change Orders: $ 0 Net increase of this Change Order: $ 3,607.00 Revised Contract Price: S 199 807.00 CHANGE IN CONTRACT TIMES Original Contract Times: (days or dares) Substantial Completion: December -1 1, 2015 Ready for Final Payment: January 26,_2016_ Net increase (decrease) from previous Change Orders: (days) Substantial Completion: 0 days Ready for Final Payment: 0 days Net increase of this Change Order: (gays) Substantial Completion: 12 days Ready for Final Payment: b days Revised Contract Times: (days or dares) Substantial Completion: December 23, 2015 Ready for Final Payment: January 26, 2016 CONTRACTOR agrees that this Change Order includes any and all costs associated with or resulting from the change ordered herein, including all impacts, delays, and accelerated costs. Other than the dollar amount and time allowance Iisted above, there shall be no other dollar or time compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: '4vnwk ENGIYEER (signature) Date: 2-1-16 APPROVED: By: OWNER (signature) Date: ACCEPTED: By: a, -&,-, I CONTRACTOR (signwur-e) Date: z-- l— /6 Nero Engineering CHANGE ORDER Letting No. 13/Project No. 15-13 CO -1 RESOLUTION NO. 14527 RESOLUTION ADOPTING REVISED ASSESSMENT ASSESSMENT ROLL NO. 5079A LETTING NO. 1/PROJECT NO. 06-01 WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for improvement of: City -funded improvements proposed within Mn/DOT's TH 7/15/22 Reconstruction Project (S.P. 4308- 31, 4308-25, 4302-44 & 4304-51) and allocated per standard Mn/DOT cost-sharing criteria include complete street reconstruction, new roadway construction, trunk and lateral storm sewer and stormwater treatment improvements, trunk and lateral sanitary sewer and services, trunk and lateral watermain and services, grading, gravel base, concrete curb and gutter, concrete median, bituminous base, bituminous surfacing, sidewalk, landscaping, restoration, lighting, traffic signals and appurtenances. Proposed improvements to construct the extension of Montana Street south of TH 7/3rd Avenue NW to Les Kouba Parkway. WHEREAS, it is proposed to revise said assessment roll by removing the assessment against the following City parcels: 31-117-29-11-0570 23 056 1340 442 Main ST N SA5079A 31-117-29-11-0390 23 056 1150 454 Main St N SA5079A 31-117-29-11-0380 23 056 1160 466 Main St N SA5079A 31-117-29-11-0370 23 1561140 480 Main St N SA5079A 31-117-29-10-0620 23 056 1520 9 4th Ave NE SA5079A 31-117-29-10-0630 23 056 1540 11 4th Ave NE SA5079A 31-117-29-10-0660 23 056 1560 25 4th Ave NE SA5079A 31-117-29-10-0670 23 056 1570 35 4th Ave NE SA5079A 31-117-29-10-0680 23 056 1580 45 4th Ave NE SA5079A 31-117-29-10-0690 23 056 1600 426 Prospect St NE SA5079A 31-117-29-12-0640 23 056 2450 256 4th Ave NW SA5079A 31-117-29-12-0660 23 056 2470 264 4th Ave NW SA5079A NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed deletion of assessments is hereby approved. 2. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor for deletion of said assessments from the above listed parcels. Adopted by the Council this 9th day of February 2016. Mayor: Gary Forcier City Administrator: MattJaunich CHECK REGISTER -A FOR CITY OF HUTCHINSON CHECK DATE FROM 01/27/2016 - 02/09/2016 Check Date ------------------- 02/09/2016 Check -------------- 189623 Vendor Name -------------------------------------------------------------- ABELSON, RANDY Description -ITOA-------- F. ------------------------------------------------ FITOAM CONE- CAMP RIPLEY Amount -------------34.1-- 34.13 02/09/2016 189624 ACE HARDWARE PVC- SHOP PARTS 557.09 02/09/2016 189625 ACTIVAR PLASTIC PRODUCTS GROUP PIPE PVC, COUPLING 865.40 02/09/2016 189626 AMERICAN BOTTLING CO MISC BEVERAGES 334.80 02/09/2016 189627 AMERIPRIDE SERVICES TOWELS & MOP 179.06 02/09/2016 189628 ARCTIC GLACIER USA INC. ICE 161.85 02/09/2016 189629 ARNESON DISTRIBUTING CO JAN PURCH 465.40 02/09/2016 189630 ARTISAN BEER COMPANY JAN PURCH 1,040.75 02/09/2016 189631 ASMUSSEN, ROGER UB refund for account: 3-105-9380-5-01 13.28 02/09/2016 189632 ASSURANT EMPLOYEE BENEFITS MONTHLY DENTAL PREMIUMS 10,883.75 02/09/2016 189633 AUTO VALUE - GLENCOE SHOP PARTS HY08 74.92 02/09/2016 189634 AUTOMATIC SYSTEMS CO EMERG SERVICE WWTF CARD FAILURE ALARMS 500.00 02/09/2016 189635 B & C PLUMBING & HEATING INC RELIEF VALVE & PRESSURE GAUGE 427.80 02/09/2016 189636 B.W. WELDING FORK WELDMENT, CUT OUT RUSTED AREAS 195.00 02/09/2016 189637 BELLA VITA BAGS MISC 550.29 02/09/2016 189638 BELLBOY CORP JAN PURCH 1,546.31 02/09/2016 189639 BERNICK'S MISC 194.15 02/09/2016 189640 BNO SHEET METAL INC PLASTIC WELD 12/15/15 173.39 02/09/2016 189641 BOLTON & MENK INC. 2014 AIRPORT IMPROVEMENT 20,539.30 02/09/2016 189642 BREAKTHRU BEVERAGE JAN PURCH 12,904.91 02/09/2016 189643 BUSHMAN, RAQUEL CONCESSION SUPPLIES, TOURNAMENT EXPENSES 1,661.06 02/09/2016 189644 BUSINESSWARE SOLUTIONS JAN Cost per Print 1,403.63 02/09/2016 189645 C & L DISTRIBUTING JAN PURCH 45,908.92 02/09/2016 189646 C&C MACHINE INC BLENDING LINE MIXER -TAP FOR 2 SET SCREWS 200.00 02/09/2016 189647 CARDTRONICS EMV KIT FOR TRITON RL 656.00 02/09/2016 189648 CARS ON PATROL SHOP LLC DIAGNOSE REAR DEFROST- CHEIF'S CAR 2009 45.85 02/09/2016 189649 CENTRAL HYDRAULICS CYL AND MODIFY TO DUPLICATE SHUR LIFT CY 507.80 02/09/2016 189650 CHAPPELL CENTRAL INC. MAINT ON HEATING EQUIP- 6 HANGING HEATER 412.00 02/09/2016 189651 COLD SPRING GRANITE CO NS -3 COMP NICHE PLAQUE 446.00 02/09/2016 189652 COMDATA CORPORATION MISC PURCH 266.47 02/09/2016 189653 CROW RIVER AUTO & TRUCK REPAIR TRANSMISSION SERVICE & FLUSH 2001 #047 D 291.15 02/09/2016 189655 CROW RIVER GOLF CLUB 1/25 BANQUET 80.54 02/09/2016 189656 CROW RIVER PRESS INC TIME OFF/OVERTIME REQUESTS 636.17 02/09/2016 189657 DAVE GRIEP CLEANING CLEAN WINDOWS 45.00 02/09/2016 189658 DAVE'S PALLET SERVICE #2 4 WAY PALLET 2,730.00 02/09/2016 189659 DLT SOLUTIONS AUTOCAD 2016 & INFRASTRUCTURE DESIGN SUI 2,610.54 02/09/2016 189660 DRIVERS LICENSE GUIDE CO 2016 LD CHECKING GUIDE 29.95 02/09/2016 189661 DROP -N -GO SHIPPING INC IPAD CASE WARRENTY 787.49 02/09/2016 189662 DYNA SYSTEMS SET TORX BIT 164.29 02/09/2016 189663 ELECTRO WATCHMAN FIRE & SECURITY ALARMO CIVIC ARENA FEB -A 117.00 02/09/2016 189664 EXNER, KENT REVIEW MEETING W/COOUNTY & MNDOT STAFF, 203.58 02/09/2016 189665 EXTREME BEVERAGE LLC MISC BEVERAGES 174.50 02/09/2016 189666 FASTENAL COMPANY TWHCS- SHOP PART 370.93 02/09/2016 189667 FENSKE, BRUCE SAFETY FOOTWEAR 144.99 02/09/2016 189668 FIRST CHOICE FOOD & BEVERAGE SOLUTI COFFEE 121.10 02/09/2016 189669 FLAGSHIP RECREATION LLC REPLACEMENT HANDHOLD POLE SET 5 1,928.00 02/09/2016 189670 FOREST EDGE WINERY JAN PURCH 351.00 02/09/2016 189671 FORKLIFTS OF MINNESOTA INC LOW POWER/REPL LP VAPORIZER & LP LOCKOFF 963.68 02/09/2016 189672 FUN SPORTS OF HUTCHINSON POLARIS RANGER 6X6 150.08 02/09/2016 189673 G & K SERVICES TOWELS 210.69 02/09/2016 189674 GAVIN WINTERS TWISS THIEMANN & LONG FLAT FEE AGREEMENT- DECEMBER 3,200.00 02/09/2016 189675 GEB ELECTRICAL INC REPLACED EXIT LITE & EMERGENCY SC 221.20 02/09/2016 189676 GRATKE, TIM TRAVEL TO PRETREATMENT MTG 97.20 02/09/2016 189677 GRIDOR CONSTRUCTION L13 P15-13 #1 199,807.00 02/09/2016 189678 HACH COMPANY REAGENT F/PHOSPHAX ANALYZER 748.67 02/09/2016 189679 HAGER JEWELRY INC. PLASTIC MATERIAL, ENGRAVING 17.50 02/09/2016 189680 HALDEMAN HOMME /ANDERSON LADD PROVIDE VOLLEYBALL WINCH REPAIR PARTS 44.00 02/09/2016 189681 HENRYS FOODS INC NACHO CHEESE, TACO MEAT 400.95 02/09/2016 189682 HI -LINE INC SHOP SUPPLIES 474.82 02/09/2016 189683 HILLYARD / HUTCHINSON BOWL CLEANER, SCREEN 272.94 02/09/2016 189684 HJERPE CONTRACTING INVOICE CORRECTION- DOUBLE BILLED IN 201 83.90 02/09/2016 189685 HOLT MOTORS INC BRACKET & PIN 173.43 02/09/2016 1189686 1 HUSKY SPRING BUSHING BIMETAL 516.47 CHECK REGISTER -A FOR CITY OF HUTCHINSON CHECK DATE FROM 01/27/2016 - 02/09/2016 Check Date ------------------- 02/09/2016 Check -------------- 189687 Vendor Name -------------------------------------------------------------- HUTCHINSON AREA HEALTH CARE Description -----------------------------------------------------------------------------,166.00 FEB CAM & SA Amount 2,166.00 02/09/2016 189688 HUTCHINSON CENTER FOR THE ARTS 2016 FUNDING 15,000.00 02/09/2016 189689 HUTCHINSON CONVENTION & VISITORS BU DECEMBER 2015 LODGING TAX 4,016.68 02/09/2016 189690 HUTCHINSON SENIOR ADVISORY BOARD JASPER'S THEATER- DEPOSIT 600.00 02/09/2016 189691 HUTCHINSON UTILITIES HUC PERA RATE 7,099.00 02/09/2016 189692 HUTCHINSON WHOLESALE OIL, AIR AND HYDRAULIC FILTER 691.66 02/09/2016 189693 HUTCHINSON, CITY OF REPLENISH ATM- CASH 5,000.00 02/09/2016 189694 IACP 2016 MEMBERSHIP RENEWAL 150.00 02/09/2016 189695 ICE SKATING INSTITUTE ENDORSEMENT SHOW/EXHIBITION 25.00 02/09/2016 189696 IFCO SYSTEMS NA INC. 08-B GRADE 48 X 40 3,000.00 02/09/2016 189697 INDIAN ISLAND WINERY JAN PURCH 223.68 02/09/2016 189698 INTEGRATED POWER SERVICES LLC MARATHON 3/4 HP 180ORPM 601.60 02/09/2016 189699 INTERSTATE BATTERY SYSTEM MINNEAPOL SHOP PARTS 31-MHD 866.60 02/09/2016 189700 J & B PALLET 48X40 #2 GMA PALLETS 6,960.00 02/09/2016 189701 JAUNICH, MATT MCMA MID -WINTER PROFESSIONAL DEV WORKSHO 118.20 02/09/2016 189702 JAY SCHEER CONSTRUCTION LLC REWORK INTERIOR FINISHING OF 29 WINDOWS 3,915.00 02/09/2016 189703 JJ TAYLOR DIST OF MN JAN PURCH 4,173.30 02/09/2016 189704 JOHNSON BROTHERS LIQUOR CO. JAN PURCH 34,248.39 02/09/2016 189705 JOHNSON, DIANE CANCEL SWIM CLASS 11.00 02/09/2016 189706 JORDAHL, JIM JAN 12 ADAPTED REC DANCE 200.00 02/09/2016 189707 JUUL CONTRACTING CO EMERGENCY REPAIR. WATER LEAK 3,447.41 02/09/2016 189708 KERI'S CLEANING CLEANING CITY CENTER, LIBRARY, SENIOR DI 3,175.00 02/09/2016 189709 L & P SUPPLY CO WINTER KIT 285.56 02/09/2016 189710 LEAGUE OF MN CITIES 2016 SAFETY & LOSS CONTROL WORKSHOP- ST 20.00 02/09/2016 189711 LEAGUE OF MN CITIES -INS TRUST 2016 1ST QTR WC INSURANCE 54,382.00 02/09/2016 189712 LIEN, MIKE UNIFORM PANTS 127.89 02/09/2016 189713 LOCHER BROTHERS INC JAN PURCH 19,785.55 02/09/2016 189714 M -R SIGN SIGNS 43.12 02/09/2016 189715 MAC MULLAN, ROSS MN STATE ARSON INVESTIGATION ST CLOUD 446.77 02/09/2016 189716 MADDEN GALANTER HANSEN LLP SERVICES THRU 12/31/15 ARBITRATION & ADM 90.00 02/09/2016 189717 MARSHALL AREA CHAMBER & VISITORS BU MERIT CENTER, JIMMY JOHNS LUNCH NARROW 139.00 02/09/2016 189718 MASON, JACOB UB refund for account: 3-280-3500-9-01 90.00 02/09/2016 189719 MCLEOD COUNTY COURT ADMINISTRATOR BAIL- D. NELSON 500.00 02/09/2016 189720 MCLEOD COUNTY HISTORICAL SOCIETY 2016 FUNDING FOR CONTRACT GROUNDS SERVIC 1,500.00 02/09/2016 189721 MENARDS HUTCHINSON SHOVEL, PUSHER 599.09 02/09/2016 189722 MES -MIDAM SCBA TANK REPAIR 325.00 02/09/2016 189723 MILLNER HERITAGE VINEYARD & WINERY JAN PURCH 627.00 02/09/2016 189724 MINNEAPOLIS, CITY OF APS TRANSACTION FEES- DEC 64.80 02/09/2016 189725 MINNESOTA CHIEFS OF POLICE ASSN ETI- REG. T.GIFFERSON 570.00 02/09/2016 189726 MINNESOTA CHIEFS OF POLICE ASSN ETI - REG. D.HATTEN 430.00 02/09/2016 189727 MINNESOTA COUNTY ATTORNEY ASSN NOTICE OF SEIZURE OF MOTOR VEHICLE 18.00 02/09/2016 189728 MINNESOTA POLLUTION CONTROL AGENCY 2016 WW TRAINING REG. J. PAULSON 200.00 02/09/2016 189729 MINNESOTA VALLEY TESTING LAB BOD TESTING 1,575.40 02/09/2016 189730 MMBA ANNUAL CONF 4/17-19 V.SHELLENBARGER 590.00 02/09/2016 189731 MN DEPT OF LABOR & INDUSTRY/CODE CONF #24119085055 - 4TH QTR SURCHARGE 20 1,166.51 02/09/2016 189732 MN STATE FIRE CHIEFS ASSOCIATION 2016 FIRE OFFICER SCHOOLTICKET-J.MCKAY 200.00 02/09/2016 189733 NEW FRANCE WINE JAN PURCH 303.50 02/09/2016 189734 NORTHERN VINEYARDS JAN PURCH 204.00 02/09/2016 189735 NORTHWESTERN POWER EQUIP SS SLIDE GATE VALVE W/ PEDESTAL REPLACME 20,826.00 02/09/2016 189736 NU -TELECOM FEB PHONE SERVICE 4,068.22 02/09/2016 189737 O'REI LLY AUTO PARTS MAFCLNR 117.90 02/09/2016 189738 OENOPHILIA MISC LIQUOR STORE SALE ITEMS 461.20 02/09/2016 189739 OFFICE OF MN IT SERVICES DEC SERVICE 103.10 02/09/2016 189740 ORTLOFF, KEVIN CANCEL SOCCER -TORE ACL 120.00 02/09/2016 189741 PAUSTIS WINE COMPANY JAN PURCH 2,463.85 02/09/2016 189742 PHB CONSULTING, CO GENERAL SUPPORT- QUICK BOOKS 26.00 02/09/2016 189743 PHILLIPS WINE & SPIRITS JAN PURCH 14,571.27 02/09/2016 189744 PLUMBING & HEATING BY CRAIG RPZTHAT NEEDS TESTING & REBUILD 397.20 02/09/2016 189745 POINT EMBLEMS 13/8" 3D/ANTIQUE COIN 1,415.00 02/09/2016 189746 POOLER, SHANNON OVERPMT ON 37304200302 82.39 02/09/2016 189747 POSITIVE ID INC ID CARD- R.KUENZEL 19.40 02/09/2016 189748 POSTMASTER POSTAGE FEB 1,700.00 02/09/2016 1189749 1 PREMIER LIFT PRODUCTS LLC MAINT OF WHEELCHAIR LIFT 470.00 CHECK REGISTER-A FOR CITY OF HUTCHINSON CHECK DATE FROM 01/27/2016 - 02/09/2016 Check Date ------------------- 02/09/2016 Check -------------- 189750 Vendor Name -------------------------------------------------------------- QUADE ELECTRIC Description ------------------------------------------------------------------ LAMP Amount -------------65.7 -- 65.70 02/09/2016 189751 R J L TRANSFER DELIVER OF CASES 2,355.20 02/09/2016 189752 RAININ INSTRUMENT LLC TIPS LTS 10ML 268.00 02/09/2016 189753 REDLINE SYSTEMS INC. 84" SKIDLOADER CUTTING EDGES FOR BOBCAT 300.00 02/09/2016 189754 REINER ENTERPRISES INC FLATBED TRUCKING 995.95 02/09/2016 189755 RUNNING'S SUPPLY MISC PURCH 326.53 02/09/2016 189756 RUSTAD, HOLLY CANCEL OUT OF WRESTLING 86.00 02/09/2016 189757 SALTMAN LLC SALT 236.00 02/09/2016 189758 SEBORA, MARC COURT- DEC 164.95 02/09/2016 189759 SEH HUTCH 2015 ANTENNA PROJECT THRU 12/31/15 18,575.51 02/09/2016 189760 SEPPELT, MILES EDAM WINTER CONF, MEETING IN LITCHFIELD- 166.57 02/09/2016 189761 SHAKOPEE, CITY OF SW METRO DRUG TASK FORCE 2016 MEMBERSHIP 4,200.00 02/09/2016 189762 SHAW, KAREN YOGA & PILATES DECEMBER 150.00 02/09/2016 189763 SHRED-IT USA INC ON SITE SHRED & EXTRA MATERIAL 104.24 02/09/2016 189764 SNOW WHEEL SYSTEM, INC AIR PART 055 SNOW BLOWER 1,918.00 02/09/2016 189765 SOUTHERN WINE & SPIRITS OF MN JAN PURCH 21,733.88 02/09/2016 189766 SPARTAN STAFFING WK ENDING 01/10/16 4,729.60 02/09/2016 189767 STAPLES ADVANTAGE TOWELS, TISSUE, LINER 804.56 02/09/2016 189768 STATE OF MINNESOTA DEPT OF PUBLIC S SECTION 312 COMMUNITY RIGHT TO KNOW 25.00 02/09/2016 189769 STRATEGIC EQUIPMENT AND SUPPLY BAGS, SHAKER, CAN OPENER-MISC 469.77 02/09/2016 189770 TAPS-LYLE SCHROEDER CLEANED LINENS & TOPS 25.00 02/09/2016 189771 TASC March 2016 Flex Adm. Fees 104.80 02/09/2016 189772 TEK MECHANICAL TIN FRAME FOR SIGN- KIWANIS BUILDING 10.00 02/09/2016 189773 THAT SPECIAL TOUCH FLORAL SHOP FUNERAL FLOWERS- M.MUCHOW 35.00 02/09/2016 189774 THE HON COMPANY LLC 7800 SERIES MGR/T 350.17 02/09/2016 189775 THOMSON REUTERS-WEST DISCOUNT PLAN CHARGES- DEC 3,367.35 02/09/2016 189776 TRAVIS, JOHN FITOAM CONF CAMP RIPLEY 41.16 02/09/2016 189777 TWO WAY COMMUNICATIONS INC REPLACEMENT FROM M.STURGES MINITOR 6 534.95 02/09/2016 189778 U.S. WATER SERVICES LIQUID POLYMER 4,125.90 02/09/2016 189779 ULINE CARPET CHAIR MAT 226.98 02/09/2016 189780 UNDERGROUND TECHNOLOGIES OF MN LLC TELEVISING- 2015 SAN SEWER ASSESMENT 641.27 02/09/2016 189781 UNIFORMS UNLIMITED CLASS A UNIFORMS 65.94 02/09/2016 189782 US BANK EQUIPMENT FINANCE 1/20-2/20/16 CONTRACT ALLOWANCE 381.61 02/09/2016 189783 USAQUATICS HUT13016 HUTCH AQUATIC CENTER 86,608.80 02/09/2016 189784 VERIZON WIRELESS DEC24-JAN23'16 USAGE 2,922.24 02/09/2016 189785 VERTECH SOLUTIONS & SERVICES RENTAL DISHMACHINE 69.95 02/09/2016 189786 VFW POST 906 CITY HOLIDAY PARTY 1,461.28 02/09/2016 189787 VIKING BEER JAN PURCH 15,757.05 02/09/2016 189788 VIKING COCA COLA JAN PURCH 2,440.28 02/09/2016 189789 VINOCOPIA INC JAN PURCH 2,146.08 02/09/2016 189790 WACONIA ROLL-OFF INVOICE CORRECTION-DOUBLE BILLED IN 2015 27.20 02/09/2016 189791 WAL-MART COMMUNITY CLIPBOARD 69.52 02/09/2016 189792 WALL STREET JOURNAL 1YEAR SUBCRIPTION 448.40 02/09/2016 189793 WASTE MANAGEMENT OF WI-MN REFUSE SERVICE JAN 1-15 2016 4,846.08 02/09/2016 189794 WENDLANDT TREE SERVICE INC. 40"X48" 4 WAY PALLET 840.00 02/09/2016 189795 WENDLANDT, JUSTIN MN ARSON INVESTIGATION SCHOOL- ST CLOUD 392.61 02/09/2016 189796 WEST CENTRAL SANITATION INC. 1700 BUTLER-JAN 382.37 02/09/2016 189797 WINDOW WORKS GRAVER 2" FAUX WOOD BLINDS 3,847.93 02/09/2016 189798 WINE COMPANY, THE JAN PURCH 516.40 02/09/2016 189799 WINE MERCHANTS INC FEB PURCH 2,721.02 02/09/2016 189800 WSB & ASSOC STORMWATER MGMT- PROF SERVICES DEC 4,896.75 GRAND TOTAL I I 1 746,110.86 CHECK REGISTER-B FOR CITY OF HUTCHINSON CHECK DATE FROM 01/27/2016 - 02/09/2016 Check Date Check ----------------- -------------- -,;---------------------------------- 02/09/2016 189654 Vendor Name -------------------------------------------------------------- CROW RIVER GLASS Description Amount -------------------------------------------------------------------------------06.3 -- DOOR CLOSER 206.30 GRAND TOTAL 1 206.30 HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Public Hearing for 2016 Pavement Management Program Phase 1 - L1 P16-01 Department: PW/Engineering LICENSE SECTION Meeting Date: 2/9/2016 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 20 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Following a brief project overview (identified City streets, general project specifications, construction schedule, improvement special assessment information, etc.) by City staff and potential public comments, staff will request that the City Council move forward with the final preparation of project plans/specifications and future advertisement for bids. Please note that the City's Resource Allocation Committee has reviewed the construction work scope and estimated costs associated with this project. The anticipated bid opening date is Wednesday, March 16th (11:00 AM). BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 3,500,000.00 Total City Cost: $ 2,800,000.00 Funding Source: Bond, Water, Wastewater, Stormwater Funds Remaining Cost: $ 700,000.00 Funding Source: Improvement Special Assessments r 02/02/2016 RESCHEDULED - Proiect Neighborhood Meeting Notice Letting No. 1/Project No. 16-01 2016 Pavement Management Program Monday, February 8th ♦ 5: 30 to 7: 00 PH (briefpresentation @ 5:30) Hutchinson Event Center (1025 Hwy 15 South) RESCHEDULED PROJECT NEIGHBORHOOD MEETING Due to adverse weather conditions during the afternoon and evening of Tuesday, February 2"d, City staff has rescheduled the previously communicated project neighborhood meeting date to Monday, February 8th_ as described above. Please note that the meeting scheduled for Tuesday. Februar. the first neighborhood meeting notice. Thank you! PROPOSED STREET IMPROVEMENTS The City of Hutchinson is considering pavement reconstruction/rehabilitation measures on segments of Linden Avenue, Madson Avenue, Milwaukee Avenue, Church Street, West Shore Drive and Grove Street this year to address deficiencies in existing pavement conditions. The street adjacent to your property has been identified as needing repair by the City's Pavement Management Program. Per City staff s review, these roadways are being selected for improvement during the 2016 construction season based on the current pavement condition, proximity of project areas, and the timing of the most cost-effective construction method. At this point, these proposed project areas are only being considered and are subject to not being addressed this coming summer/fall depending on City funding limitations and/or City Council action. The majority of the existing street surfacing is significantly deteriorated with substantial cracking/movement along some areas of the proposed improvements. Due to these segments of roadway being in poor condition, preventive maintenance measures are not likely to adequately repair the current surface and are becoming less cost-effective. The proposed improvements to these roadways include administering a partial reconstruction or reclamation method that would primarily include milling/removing the existing pavement, concrete curbing installations/replacements, draintile installations, limited utility work, some sidewalk implementations, street lighting, landscaping/restoration, and new bituminous pavement course surfacing. The proposed improvements have shown to be an efficient and cost-effective construction approach. ASSESSMENTS A portion of the total cost of these improvements (50% targeted per City policy) will be assessed to the adjacent private properties on a street -frontage basis. Estimated assessment amounts will be provided at the Neighborhood Meeting. Also, please note that certain property owners may be eligible for deferral of an assessment depending on their age, a defined disability situation, and/or military service status as outlined within Minnesota Statutes and City Policy. Additional information regarding assessment deferral opportunities is available at the Finance Department office (City Center — 111 Hassan St. SE). HEARINGS/PROCESS This Neighborhood Meeting is the first step in the process and, as noted previously, is scheduled to occur Tuesday, February 2nd (rescheduled for Monday, February 8th, as noted above). This meeting will be an informal discussion regarding the project with City staff, to review current information regarding what the project is proposed to include and to receive a preliminary estimate of what project special assessments may be. Due to the project being in an early development stage, these estimates are subject to change. This informal discussion will also allow individual questions/comments to be heard and for a general review of the project to occur prior to the first official hearing required by improvement special assessment procedures. The first official hearing, the Public Hearing, is currently scheduled for the City Council meeting on February 9, 2016, at 6:00 PM. This meeting will be televised and is the formal presentation of the proposed project to the City Council. Public input time is included and feedback is welcomed. Approval at this hearing does not mean that the project will be constructed. This will be the point at which a formal decision will be made by the City Council as to whether or not City staff should move on to the next step of completing the plans and specifications and soliciting construction bids for completing the work. The second official hearing, the Assessment Hearing, would be called after receiving the bids (probably sometime in April). Staff would prepare actual proposed assessments for each property, and send them out in advance of the meeting. Property owners will then be given the opportunity to comment on the merits of both the project and the proposed amount of the assessments. Questions, thoughts and concerns regarding the project or associated assessments would be heard by the City Council, and official action on whether or not to award the work for construction would be taken. To formally contest an assessment, a written/signed objection letter must be provided to the City Administrator prior to or at the Assessment Hearing. This action then allows you, the property owner, to appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment (typically the Assessment Hearing date) and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. SCHEDULE & CONSTRUCTION ITEMS Construction is anticipated to start in late spring/early summer of 2016. The project should be completed within one construction season (weather dependent). GENERAL INFORMATION Please feel free to contact Kent Exner/City Engineer at 234-4209 or kexnergci.hutchinson.mn.us if you have any questions or comments you would like addressed. We look forward to discussing the proposed project improvements with you. Thank you for your time and consideration! RESOLUTION NO. 14523 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 1/PROJECT NO. 16-01 WHEREAS, a resolution of the City Council adopted the12th day of January 2016, fixed a date for a Council Hearing on the following improvements: 2016 Pavement Management Program: Linden Avenue (Harrington to TH 15), Madson Avenue (Dale to Lynn), Milwaukee Avenue (Dale to dead end), Church Street (Linden to Miller), West Shore Drive (South Grade Court to approx. 1500 LF to southeast) and Grove Street (2nd Ave SW to Washington); roadway reconstruction/rehabilitation by construction of grading, curb and gutter, draintile installation, bituminous/concrete surfacing, stormwater/drainage, water distribution, sanitary sewer, street lighting, sidewalk, landscaping, restoration and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 12th day of January 2016. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Council this 9th day of February 2016. Mayor: Gary Forcier City Administrator: Matt Jaunich RESOLUTION NO. 14524 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 1/PROJECT NO. 16-01 WHEREAS, the Director of Engineering/Public Works has prepared plans and specifications forthe following described improvement: 2016 Pavement Management Program: Linden Avenue (Harrington to TH 15), Madson Avenue (Dale to Lynn), Milwaukee Avenue (Dale to dead end), Church Street (Linden to Miller), West Shore Drive (South Grade Court to approx. 1500 LF to southeast) and Grove Street (2nd Ave SWto Washington); roadway reconstruction/rehabilitation by construction of grading, curb and gutter, draintile installation, bituminous/concrete surfacing, stormwater/drainage, water distribution, sanitary sewer, street lighting, sidewalk, landscaping, restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering/Public Works shall prepare and cause to be inserted in the official newspaper, the City of Hutchinson Web -Site and in Finance and Commerce, an advertisement for bids upon the making of such improvements undersuch approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Director of Engineering/Public Works until 11:00 am on Wednesday, March 16th, 2016, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering/Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, April 12th, 2016 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering/Public Works and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 9th day of February 2016. Mayor: Gary Forcier City Administrator: Matt Jaunich HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Public Hearing for 2016 Street Seal Coating Project - L3P16-03 Department: PW/Engineering LICENSE SECTION Meeting Date: 2/9/2016 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Following a brief project overview (identified City streets, general project specifications, construction schedule, etc.) by City staff and potential public comments, staff will request that the City Council move forward with the final preparation of project plans/specifications and future advertisement for bids. The anticipated bid opening date is Thursday, March 31 st (11:00 AM). BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 269,620.00 Total City Cost: $ 269,620.00 Funding Source: Infrastructure Maintenance Funds Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14525 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 3/PROJECT NO. 16-03 WHEREAS, a resolution of the City Council adopted the12th day of January 2016, fixed a date for a Council Hearing on the following improvements: 2016 Street Seal Coating: Multiple City street segments to be determined; street surface seal coat application by construction of bituminous material, aggregate, fog seal material and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 12th day of January 2016. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Hutchinson City Council this 9th day of February 2016. Mayor: Gary Forcier City Administrator: Matt Jaunich RESOLUTION NO. 14526 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 3/PROJECT NO. 16-03 WHEREAS, the Director of Engineering/Public Works has prepared plans and specifications forthe following described improvement: 2016 Street Seal Coating: Multiple City street segments to be determined; street surface seal coat application by construction of bituminous material, aggregate, fog seal material and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering/Public Works shall prepare and cause to be inserted in the official newspaper, the City of Hutchinson Web -Site and in Finance and Commerce, an advertisement for bids upon the making of such improvements undersuch approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Director of Engineering/Public Works until 11:00 am on Thursday, March 31st, 2016, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering/Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, April 12th, 2016 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering/Public Works and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 9th day of February 2016. Mayor: Gary Forcier City Administrator: Matt Jaunich CITY OF H UTCH I NSON 2016 m ��6 � a ❑�ttj 1 b Eli UT �E �n `�� '� � � F ❑❑ �JIIIIIII ��v��!❑ Mal HDURIIIN.Ri mmmm o .......... . y S °0 SEAL COAT PROJECT ❑ YEAR 2016 11 FT -1 �� HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Public Hearing for City of Hutchinson Local Surface Water Management Plan Department: PW/Engineering LICENSE SECTION Meeting Date: 2/9/2016 Application Complete N/A Contact: John Paulson/Kent Exner Agenda Item Type: Presenter: John Paulson/Kent Exner Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Since December 1996 City staff has utilized the "Stormwater Management Plan for Portions of the City of Hutchinson" as a guide for storm water planning purposes. There has been numerous regulatory and technical changes related to municipal storm water since that time. In 2007 the City of Hutchinson became a regulated Municipal Separate Storm Sewer System owner and has since been required to implement a variety of storm water best management practices ranging from public education to scheduled infrastructure inspections. The Local Surface Water Management Plan (LSWMP) is a comprehensive collection of the various applicable regulations, local water resources, regulatory agencies, storm water system issues assessment, and implementation plan. The LSWMP is a compilation of existing regulations that are already being implemented and enforced. It is a one stop guide for City of Hutchinson storm water requirements. It also serves as a planning tool used to identify routine on-going storm water program implementation costs as well as capital improvements needed to address issues with water quality and water quantity throughout the City. Table 6.1 outlines the projects, programs, studies, and Storm Water Pollution Prevention Plan (SWPPP) activities that have been identified to address the problem areas contained in this Plan. Please note that the City's Resource Allocation Committee has briefly reviewed this document and specifically examined the items listed within Table 6.1. City staff will be available to present an overview of the plan and to answer any questions that you or the public may have. BOARD ACTION REQUESTED: None requested at this time. Consideration of adoption of the LSWMP document will be at a future City Council Meeting. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: PUBLICATION NO. 8150 NOTICE OF HEARING LOCAL SURFACE WATER MANAGEMENT PLAN TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the 9th day of February, 2016, to consider comments on the proposed Local Surface Water Management Plan. The City of Hutchinson's Local Surface Water Management Plan is a local management plan that has been written to be consistent with the requirements of Minnesota Statutes 1038.235, Minnesota Rules 8410. Minnesota Statute 1038.201 states that the purposes of water management programs are to: • Protect, preserve, and use natural surface and groundwater storage and retention systems; • Minimize public capital expenditures needed to correct flooding and water quality problems; • Identify and plan for means to effectively protect and improve surface and groundwater quality; • Establish more uniform local policies and official controls for surface and groundwater management; • Prevent erosion of soil into surface water systems; • Promote groundwater recharge; • Protect and enhance fish and wildlife habitat and water recreational facilities; and • Secure the other benefits associated with the proper management of surface and groundwater. Such persons as desire to be heard with reference to the proposed plan will be heard at this meeting. Dated: 01/12/2016 Matt Jaunich, City Administrator PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, JANUARY 27TH 2016 AND WEDNESDAY, FEBRUARY 3RD 2016. NO, NO, A, VAN, DECEMBER 2015 LOCAL SURFACE WATER MANAGEMENT PLAN ............. WSB Project No. 2702-000 ............. all LOCAL SURFACE WATER MANAGEMENT PLAN FOR THE CITY OF HUTCHINSON, MINNESOTA December 2015 Prepared By: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763-541-4800 763-541-1700 (Fax) Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 CERTIFICATION I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Jacob Newhall, PE Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Reg. No. 49170 Certification TABLE OF CONTENTS Title Page Certification Table of Contents SECTION 1: EXECUTIVE SUMMARY SECTION 2: LAND AND WATER RESOURCE INVENTORY SECTION 3: AGENCY COOPERATION SECTION 4: ASSESSMENT OF PROBLEMS AND ISSUES SECTION 5: GOALS AND POLICIES SECTION 6: IMPLEMENTATION PROGRAM LIST OF APPENDICES Appendix A — Figures Figure 1: Location Map Figure 2: Zoning Map Figure 3: Future Land Use Map Figure 4: Storm Sewer Map Figure 5: National Wetlands Inventory & DNR Lakes Map Figure 6: Soils Map Figure 7: Water Resource Problem Areas Map Figure 8: Floodplain Map Figure 9: Water Quality Monitoring Map Figure 10: Pollutant Sources Map Figure 11: Stormwater BMP Map Appendix B — MS4 SWPPP Application for Reauthorization Appendix C — Stormwater Management Design Standards Local Surface Water Management Plan Table of Contents City of Hutchinson WSB Project No. 2702-00 SECTION 1 1. EXECUTIVE SUMMARY 1. 1. Local Water Management Plan Purposes The City of Hutchinson's Local Surface Water Management Plan (Plan, City Plan, Local Plan) is a local management plan that has been written to be consistent with the requirements of Minnesota Statutes 10313.235, Minnesota Rules 8410. Minnesota Statute 10313.201 states that the purposes of the water management programs are to: • Protect, preserve, and use natural surface and groundwater storage and retention systems; • Minimize public capital expenditures needed to correct flooding and water quality problems; • Identify and plan for means to effectively protect and improve surface and groundwater quality; • Establish more uniform local policies and official controls for surface and groundwater management; • Prevent erosion of soil into surface water systems; • Promote groundwater recharge; • Protect and enhance fish and wildlife habitat and water recreational facilities; and • Secure the other benefits associated with the proper management of surface and groundwater. The Hutchinson Local Surface Water Management Plan addresses these purposes. 1.2. Local Surface Water Management Responsibilities and Related Agreements The City of Hutchinson (the City) has not entered into any water management related agreements with its neighboring cities, the County, or the State of Minnesota, other than on a project -specific agreement for BMPs constructed to meet water quality requirements. The City is responsible for construction, maintenance, and operation of the City's storm water management systems (i.e., ponds, pipes, channels). 1.3. Executive Summary The Hutchinson Local Surface Water Management Plan is divided into six sections: • Section I Executive Summary provides background information and summarizes the Plan contents. • Section 2 Land and Water Resource Inventory presents information about the topography, geology, groundwater, soils, land use, public utilities, surface waters, hydrologic system and data, and the drainage system. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 1-1 SECTION 1 • Section 3 Agency Cooperation describes the City's ordinances and other governmental controls and programs that affect water management. • Section 4 Assessment of Problems and Issues presents the City's water management related problems and issues. • Section 5 Goals and Policies outlines the City's goals and policies pertaining to water management. • Section 6Implementation Program presents the implementation program for the City, which includes defining responsibilities, prioritizing, and listing the program elements. Table 6.1 outlines the projects, programs, studies, and Storm Water Pollution Prevention Plan (SWPPP) activities that have been identified to address the problem areas contained in this Plan. 1.3.1. Background McLeod County adopted a Comprehensive Local Water Plan in 2013. The McLeod County Plan addresses water problems in the context of watershed units and groundwater systems. In addition, The City of Hutchinson is located in the south fork of the Crow River watershed, so the Crow River Organization of Water assists in guiding local water resources policies. The City is not located in a watershed district. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 1-2 SECTION 2 2. LAND AND WATER RESOURCE INVENTORY The City, located approximately 50 miles west of downtown Minneapolis, is surrounded by lakes, wetlands, and valuable water and land resources. Protecting and enhancing these important resources is a high priority for the City and the surrounding area. Information has been collected regarding land and water resources for the City from a variety of sources. This section of the Plan provides a general description and summary of the climate, geology, surficial topography, surface and ground water resource data, soils, land use, public utilities services, water-based recreation, fish and wildlife habitat, unique features, scenic areas, and pollutant sources. This section also identifies where more detailed information can be obtained. 2.1. Topography and Geology The City is located in the northwest area of McLeod County as shown on Figure 1, Appendix A. The area is characterized by nearly flat to gently rolling topography, with the highest ground being in the north central portion of the City. Hutchinson is bordered by Otter and Campbell Lake to the west and through the central portion of the city where it continues on as the South Fork Crow River past the Hutchinson Dam. All of the City's surface water drains to Otter Lake and the South Fork Crow River. The City has contour data that covers the entire City and is based on 2011 LIDAR (Light Detection and Ranging) Data. According to the McLeod County Geologic Atlas from the Minnesota Geologic Survey, the depth to bedrock in the Hutchinson area ranges from approximately 400-500 feet below ground surface. 2.2. Climate and Precipitation The climate for McLeod County, about one hour west of the Minneapolis/St. Paul metropolitan area, is described as a humid continental climate with moderate precipitation, wide daily temperature variations, warm humid summers, and cold winters. The average annual temperature is 44.3 degrees Fahrenheit. The total average annual precipitation is approximately 26.9 inches. The annual snowfall average is 42.9 inches and is equivalent to approximately 4.3 inches of water. Average monthly temperature and precipitation are shown in Table 2-1 below. Additional climatological information for the area can be obtained from the Minnesota State Climatology Office at http://www.climate.umn.edu/. The recurrence interval of a rainfall event is based on the probability that a particular storm event will reoccur in any given year. A 24-hour rainfall event having a 99% chance of occurrence is approximately 2.4 inches. A 24-hour rainfall event having a 1% chance of occurrence is approximately 6.9 inches. The 1%, 10 -day runoff is 7.1 inches (this is a combination of snowmelt and precipitation when the ground is frozen and no infiltration can occur and is from Figure 2-1 (A) of the National Engineering Handbook, Section 4, Hydrology, Soil Conservation Service, August 1972). Additional rainfall events and Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 2-1 SECTION 2 probabilities are listed in Table 2-2 below. The rainfall data was obtained from the Atlas 14 website produced by the National Oceanic and Atmospheric Administration (NOAA). Refer to http://hdsc.nws.noaa.gov/hdsc/pfds/ for additional information. TABLE 2-1 AVERAGE MONTHLY TEMPERATURE AND PRECIPITATION DATA FOR THE CITY OF HUTCHINSON Months Average Temp (F°) Precipitation (inches) Snowfall (inches) January 11.8 0.7 8.5 February 17.1 0.6 7.2 March 3 0.3 1.5 8.7 April 45.7 2.4 2.9 May 5 8.3 3.4 0.0 June 67.8 4.3 0.0 July 72.3 3.4 0.0 August 69.6 3.7 0.0 September 60.8 2.7 0.0 October 48.4 2.0 0.6 November 32.4 1.3 5.9 December 17.6 0.9 9.1 Totals Year Avg.) 44.3 26.9 42.9 TABLE 2-2 RAINFALL EVENTS FOR THE CITY OF HUTCHINSON RECURRENCE INTERVAL EVENT DURATION PROBABLILITY OF OCCURRENCE IN ANY GIVEN YEAR RAINFALL AMOUNT (INCHES) 1 - Year 24 - Hour 99% 2.40 2 - Year 24 - Hour 50% 2.76 5 - Year 24 - Hour 20% 3.44 10 - Year 24 - Hour 10% 4.09 25 - Year 24 - Hour 4% 5.09 50 - Year 24 - Hour 2% 5.95 100 - Year 24 - Hour 1% 6.90 2.3. Soils The City is predominantly located in five different soil associations: Clarion -Harps -Glencoe, Clarion-Canisteo-Storden, Estherville-Coland-Biscay, Cokato-Storden-Muskego, and Cokato-Canisteo-Cordova. Soil textures, infiltration rates, and slopes can vary greatly between the different soil associations. Infiltration rates of soils affect the amount of direct runoff resulting from rainfall; the higher the Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 2-2 SECTION 2 infiltration rate for a given soil, the lower the runoff potential. Conversely, soils with low infiltration rates produce high runoff volumes and high peak discharge rates. More information about the local soils can be obtained from the Soil Survey ofMcLeod County or The McLeod County Comprehensive Local Water Plan. 2.4. Land Use and Zoning The City is approximately nine square miles with a 2014 population of 14,124. In Hutchinson, population size is growing at a faster rate than the city area, resulting in an increased trend in population density. The Current Zoning Map is shown in Figure 2. The Future Land Use Map is shown in Figure 3. The City of Hutchinson Comprehensive Plan was adopted on December 10, 2013. For more information on Land Use and Zoning within the City, refer to the Comprehensive Plan which can be found on the City website (http://www.ci.hutchinson.mn.us/). 2.5. Public Utilities Hutchinson provides sanitary and water service throughout the City. In 2008, the Hutchinson wastewater facility underwent a major expansion to help serve the needs of the City through the year of 2028, with a maximum capacity of 9.62 million gallons per day (mgd). The upgrade was designed to treat an average of 3.67 mgd using biological and membrane bioreactor (MBR) processes. Prior to discharging into the South Fork River, the water is treated with chemical phosphorus removal and ultraviolet disinfection. In addition to the treatment facility, there are also areas of the City that utilize individual Subsurface Sewage Treatment Systems (SSTS). Public water services are described in Subsection 2.7 Groundwater. Storm sewers, ditches, curbs, and gutters provide storm water drainage for the City. The storm sewer map (Figure 4) shows the City's storm water system of pipes, channels and ponds. Future street maintenance and redevelopment will likely dictate the extension or reconstruction of the storm drainage system. Mapping of storm water utilities will be updated as improvements of the system are completed to stay in compliance with MS4 requirements. 2.6. Surface Waters Figure 5 shows the major water resources in the City. The following table lists the named DNR -protected lakes and wetlands within the City and the associated ordinary High Water Level. Waterbod Name OHW Lake ID # Otter 1039.2 43 0085 00 Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 2-3 SECTION 2 The Wetland Conservation Act of 1991 (WCA) dictates that Local Government Units (LGUs) are responsible for administering the rules. The intent of the WCA is to promote no net loss of wetlands. McLeod County is the LGU responsible for administering WCA within the City. Refer to Figure 5 for the location of National Wetland Inventory (NWI) wetlands throughout the City. A soils map is also included for reference as Figure 6. 2.6.1. Water Quality Data Water quality data for the City has been obtained from the Minnesota Pollution Control Agency (MPCA) Environmental Data Access site. This database is utilized by participating agencies to compile water quality testing data and is almost entirely used for the storage of water quality parameters. This water quality monitoring information/data and monitoring locations can be found at the MPCA's Environmental Data Access site at http://www.pca.state.mn.us/index.php/water/water-monitoring-and-reporting/w ater-monitoring-and-reporting. html . 2.6.2. Impaired Waters The MPCA lists the following water bodies located within or near the City as being impaired: • Otter Lake (Main Basin ID — 43-0085-01) is listed as impaired for mercury in fish tissue and excessive nutrients/eutrophication • Otter Lake (South Arm ID — 43-0085-02 and North Arm/Campbells ID — 43-0085-03) is listed as impaired for mercury in fish tissue • South Fork Crow River (Headwaters to Hutchinson Dam: ID -07010205-540) is listed as impaired for mercury in fish, turbidity, fishes bioassessments and aquatic macroinvertab rate bioassessments • South Fork Crow River (Hutchinson Dam to Bear Creek: ID -07010205-510) is listed as impaired for mercury in fish and turbidity As of 2015, TMDL studies are currently underway for Otter Lake and the South Fork Crow River as part of a Watershed Restoration and Protection Strategy (WRAPS) study being conducted for the South Fork Crow Watershed. The locations of these impaired water bodies are shown on the water resource problem areas map, Figure 7, Appendix A. 2.6.3. Shoreland The City has an adopted a shoreland management ordinance. A copy of this ordinance can be found under Title XV: Land Usage in Chapter 152 at http://www.amlegal.com/codes/client/hutchinson_mn/ or obtained at City Hall. This ordinance requires setbacks from shoreland areas, and limits the type of development and use of the City's shoreland areas. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 2-4 SECTION 2 2.6.4. Flood Plain Management The City has adopted a flood plain management ordinance. A copy of this ordinance can be found under Title XV: Land Usage in Chapter 154 at http://www.amlegal.com/codes/client/hutchinson mn/ or obtained at City Hall. This ordinance generally regulates developments, land alterations and uses within each of the floodway, flood fringe, and general flood plain districts. 2.6.5 Storm Water Management The City has adopted a storm water management ordinance that can be found under Title V: Public Works in Chapter 54: Storm Water Management at http://www.amlegal.com/codes/client/hutchinson mn/ or obtained at City Hall. This ordinance identifies several features related to the City's storm water management and erosion control goals and controls. 2.7. Groundwater Various agencies are responsible for groundwater management and protection. The DNR regulates groundwater usage rate and volume as part of its charge to conserve and use the waters of the state. For example, suppliers of domestic water to more than 25 people or applicants proposing a use that exceeds 10,000 gallons per day or 1,000,000 gallons per year must obtain a water appropriation permit from the DNR. Many of the agencies charged with regulating water usage are currently involved in assessing and addressing concerns of water usage. When and where feasible the City will work with the associated agencies to be good stewards of water resources. The Minnesota Department of Health (MDH) is the official state agency responsible for addressing all environmental health matters, including groundwater protection. For example, the MDH administers the well abandonment program and regulates installation of new wells. The MPCA administers and enforces laws relating to pollution of the state's waters, including groundwater. The Minnesota Geological Survey provides a complete account of the state's groundwater resources. The City is charged with general responsibilities for groundwater protection and use, but its role is limited to cooperating and assisting the DNR, MDH, and MPCA in their groundwater protection efforts. Continued research about infiltration impacts and groundwater recharge is ongoing with the goal to help develop a better overall understanding of this groundwater/infiltration interaction. The City owns and operates five wells located within City limits. The wells draw from an aquifer located approximately 100 feet below ground surface. The Hutchinson Water Treatment Plant uses membrane technology to soften the water and reduce ammonia; biological filtration to reduce iron and manganese; and ammonia to meet treatment requirements within its site constraints. Treated water from the biological pressure filters, Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 2-5 SECTION 2 which use nonpathogenic organisms to remove iron, manganese, and ammonia, is blended with the membrane permeate. The blended water's pH is increased to control corrosion. Disinfection and fluoridation complete the treatment process. Once treated, the pumped water is sent into the City's water distribution system. 2.8. Hydrologic and Hydraulic Modeling The City's previous storm water management plan was drafted by Barr Engineering Company in 1996. The plan included modeling the water quality and water quantity issues for five specific portions of the City with the aid of PONDNET and HydroCAD software. The previous plan proposed recommendations based upon the plan's findings and identified expected outcomes. City-wide modeling has not been completed. 2.9. NPDES Phase II The City is required to have a Municipal Separate Storm Sewer System (MS4) permit through the MPCA's National Pollutant Discharge Elimination System (NPDES) Phase II Program. MS4s designated by rule are urban areas with populations over 10,000 or urban areas with populations greater than 5,000 with the potential to discharge to valuable or polluted waters. Permits for construction sites greater than one acre will also be required as part of Phase II. As an MS4, the City will be required to implement the following six minimum control measures: 1. Public Education and Outreach 2. Public Participation/Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Runoff Control 5. Post -Construction Storm Water Management 6. Pollution Prevention/Good Housekeeping for Municipal Operations For more information on the MS4 Permit requirements refer to www.pca.state.mn.us. Refer to Appendix B for a copy of the City's MS4 SWPPP (Storm Water Pollution Prevention Plan). 2.10. Water Resource Problem Areas Water resource problem areas were identified through information obtained from City staff, residents, and other agencies. Each problem was analyzed and potential solutions to address the problems were developed as detailed in Section 4. Refer to Figure 7 for the location of site-specific problem areas. The following is a list of some of the water resource problem areas within the City: Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 2-6 SECTION 2 1. South Central Drainage Area 2. Otter Lake Outfall Sediment Removal and Potential Relocation 3. Northeast Drainage Area Flooding 4. Bradford Street Flooding Area 5. Low Area at Ridgewater College - Future Outlet 6. Potential Regional Ponding Location 7. Drainage Capacity and Maintenance Concerns 8. Low Point Flooding 9. Pond Maintenance Guidance 10. Nutrient TMDL — Otter Lake 11. Turbidity TMDL — Crow River 12. Downtown Storm Water Water Quality Improvements 2.11. Flood Insurance Studies A Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) was completed for the McLeod County in 2014. A FEMA floodplain map is included as Figure 8. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 2-7 SECTION 3 3. AGENCY COOPERATION There are a number of local, state, and federal agencies that have rules and regulations related to local water management. The City recognizes the roles of these other agencies and will cooperate, coordinate, and when possible partner with these agencies. This Plan is in conformance with but does not restate all other agency rules that are applicable to water resource management. The following agencies deal with or regulate water resources throughout the City: e Minnesota Department of Health www. health. state. mn.us e Minnesota Pollution Control Agency www.pca.state.mn.us e Board of Water and Soil Resources www.bwsr.state.mn.us and the Wetland Conservation Act www.bwsr.state.mn.us/wetlands/wca/index.html e Minnesota Department of Natural Resources www.dnr.state.mn.us e US Army Corps of Engineers http://www.mvp.usace. army. mil e Minnesota Department of Agriculture www.mda.state.mn.us e US Fish and Wildlife Service www.fws.gov e McLeod County www.co.mcleod.mn.us e Crow River Organization of Water www.crowriver. e Minnesota Environmental Quality Board www.egb.state.mn.us While these other agencies' rules, policies, and guidelines are not all restated in this Plan, they are applicable to projects, programs, and planning within the City. The MPCA Minnesota Stormwater Manual, which is a document intended to be frequently updated, is also incorporated by reference into this Plan and can be found at www.pca.state.mn.us/water/stormwater/stonnwater-manual.html. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 3-1 SECTION 4 4. ASSESSMENT OF PROBLEMS AND ISSUES Outlined below is an assessment of existing and potential local water resource -related problems that are known as of 2015. These problems have been identified based on an analysis of the land and water resource data collected during the preparation of this Plan and through information provided by the City, its residents, and other organizations. A description of any existing or potential problem within the City has been listed and potential future corrective actions have been incorporated into an implementation plan. Refer to Figure 7 for the location of many of the problem areas discussed below. Figure 9 depicts water quality monitoring locations, Figure 10 depicts known pollutant sources, and Figure 11 depicts storm water BMPs. 4.1. Water Quality Problems Problem 4.1.A The City discharges to the following impaired waters as listed by the Minnesota Pollution Control Agency (MPCA): • Otter Lake (Main Basin ID — 43-0085-01) is listed as impaired for mercury in fish tissue and excessive nutri ents/eutrophi cation. • Otter Lake (South Arm ID — 43-0085-02 and North Arm/Campbell ID — 43-0085-03) is listed as impaired for mercury in fish tissue. • South Fork Crow River (Headwaters to Hutchinson Dam: ID -07010205-540) is listed as impaired for mercury in fish, turbidity, fishes bioassessments, and aquatic macroinvertab rate bioassessments. • South Fork Crow River (Hutchinson Dam to Bear Creek: ID -07010205-510) is listed as impaired for mercury in fish and turbidity. • South Fork Crow River (Hutchinson Dam to Bear Creek: ID -07010205-510) is anticipated to be added to the impaired list for E. coli. Corrective Action 4.1.A The MPCA completed a statewide mercury TMDL in 2007. As storm water point sources account for less than 1% of the mercury (majority is atmospheric), the City contributes an insignificant amount to this TMDL. As of 2015, TMDL studies are currently underway for Otter Lake and the South Fork Crow River as part of a Watershed Restoration and Protection Strategy (WRAPS) study being conducted for the South Fork Crow Watershed. Once the WRAPS report is finalized, the City will work with neighboring communities, Crow River Organization of Water (CROW), and the MPCA to meet its waste load allocation for Otter Lake and the South Fork Crow River. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page -4-1 SECTION 4 Problem 4.1.B Implementation of storm water quality improvements in downtown Hutchinson. Corrective Action 4.1.B The City and MnDOT have plans to reconstruct Trunk Highway 15 (2" d Avenue N to 5th Avenue S) in the next five to ten years. Storm water quality improvements will be implemented in conjunction with this project. A storm water study will be completed to help determine feasible improvement options. The City will also investigate other storm water quality improvements in the downtown area as opportunities arise. 4.2. Flooding and Storm Water Rate Control Concerns Problem 4.2.A The South Central Recreation Center (RC) Area and S. Grade Road have experienced localized flooding dating back to at least 1993 for moderate to heavy storms (approximately 2 inches or greater depending on intensity). Corrective Action 4.2.A A detailed Hydrology/Hydraulic Analysis was completed for the South Central Recreation Center (RC) Area and S. Grade Road by SEH in 2012. The primary contributors to the flooding were determined to be: 1) an under capacity local storm sewer within the RC area, and 2) lack of downstream storm sewer capacity in combination with the lack of natural surface overflow paths and detention within the RC area. The following is a list of recommendations provided in the study to mitigate flooding. The actions are listed in order of priority. 1. Install new storm sewer system on west side of the RC area, 2. Install detention basins for the RC area in the existing ball field area, 3. Install a new, separate storm sewer system on the east side of the RC area (the existing storm sewer system is to remain and be utilized concurrently with the new, separate system), Additional details and preliminary costs estimates for each recommendation are provided in the report. Further analysis is ongoing and due for completion in early 2016. Problem 4.2.B Clifton Heights flooding and surcharging at low point on Michigan Street. Corrective Action 4.2.B The City plans to construct a large regional storm water basin upon the development of land near Arch Street and Michigan Street NE. This land is currently designated as agricultural. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page -4-2 SECTION 4 Problem 4.2.0 Drainage capacity and maintenance concerns in Market Street Ditch east of Fairgrounds. Corrective Action 4.2.0 The City will investigate upstream storm water capacity opportunities as well as maintenance considerations and/or conversion of the ditch. Problem 4.2.D Flooding near Bradford Street. Corrective Action 4.2.D The City will investigate opportunities to reduce flood potential in this area. A feasibility study will be completed to determine possible improvement options and a recommendation for addressing the flood concerns. Problem 4.2.E Low area near Ridgewater College is susceptible to standing water. Corrective Action 4.2.E The City will investigate the possibility of constructing a regional pond with an outlet to this landlocked area. This will include analyzing downstream capacity and future development needs in the area. Problem 4.2.F Localized flooding on 8th Avenue (storm water surcharges from School Road). Corrective Action 4.2.F The City will investigate connecting to the pond at the south end of the golf course or other feasible improvements to reduce the flood potential in the area. 4.3. Impacts of Storm Water Quality on Fish and Wildlife Resources Problem 4.3.A Recurring winter fish kill in Otter Lake. Corrective Action 4.3.A. The City will take measures to reduce the discharge of excess nutrients to Otter Lake in accordance with the WLA allocations determined upon the completion of the Otter Lake TMDL study. The DNR has historically measured winter oxygen concentrations and completed winter fish kill assessments to guide lake management. 4.4. Adequacy of Existing Regulations and Programs to Address Adverse Impacts on Local Water Resources Problem 4.4.A The City has adopted a floodplain ordinance, prohibited discharge ordinance, storm water ordinance, and shoreland ordinance which require enforcement and periodic updates. These ordinances can be found in Section 2.6. Corrective Action 4.4.A The City will continue to enforce and update all ordinances as necessary as required by their MS4 Permit. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page -4-3 SECTION 4 Problem 4.4.B The adequacy of existing capital improvement programs to correct problems. Corrective Action 4.4.B The implementation program located in Section 6 of this Plan presents the projects and other implementation tasks that are considered to actively manage local water resource issues in the City. The City will incorporate into its annually updated CIP these storm water proj ects/tasks and any future proj ects/tasks. 4.5. Impacts of Erosion and Sedimentation on Local Water Resources Problem 4.5.A Presence of a sediment delta at the Alan Street outfall of Otter Lake. Corrective Action 4.5.A The City may provide maintenance on this area to ensure the outfall continues to function as intended and remove the deposited material. In addition, the City will investigate sources of sediment and possible upstream treatment options to help localize maintenance efforts. Problem 4.5.B Presence of sediment deltas within Otter Lake and Crow River. Corrective Action 4.5.B The City plans to take sediment samples and perform maintenance to remove sediment/debris at outfalls. The City may also investigate overall depth management within the east arm of Otter Lake to help mitigate deposited material throughout the basin. 4.6. Impact of Land Use Practices and Development on Local Water Resource Issues Problem 4.6.A Future land use is anticipated to increase storm water runoff volumes and pollutant loads to local water bodies. Corrective Action 4.6.A The City will investigate opportunities to implement water quality and volume reduction BMPs during future reconstruction projects. In areas where project specific BMPs will be unfeasible, the City will look into completing regional water quality improvement projects to help meet future storm water management requirements. Problem 4.6.B The majority of the City is served by a sanitary sewer collection system that conveys sanitary sewage to a treatment plant. However, there are areas which contain subsurface sewage treatment systems (SSTS) in operation within the City. Corrective Action 4.6.B The City will continue to work with the County to ensure that the SSTS remains in compliance and requires that connection to City sewer occur when available. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page -4-4 SECTION 4 4.7. Education Program Problem 4.7.A The City recognizes the need for local water education programs to increase public awareness of local water management and improve the quality of storm water runoff. Corrective Action 4.7.A The City will continue to provide educational content and opportunities to residents, businesses, developers, and others. These efforts may include regular notices in the City's monthly newsletter, articles in the local paper, postings on the City website, and flyers in the utility bill. The City may work with CROW or McLeod County to improve the efficiency of educational efforts and reduce duplication. Educational topics may include but are not limited to: • Wetland buffers • Yard/pet waste management • Illicit discharge to storm water • Utility easements • Storm water pond function • Controlling invasive species 4.8. Identification of Potential Problems Which are Anticipated in the Next 20 Years. Problem 4.8.A Inspecting and maintaining existing storm water infrastructure throughout the City. Corrective Action 4.8.A The City is responsible for maintenance of its storm water system in conformance with the MCPA's MS4 Program. This includes maintenance of pipes, constructed ponds, lakes, wetlands, ditches, swales, and other drainageways. Proper maintenance will ensure that the storm water system continues to provide the necessary flood control and water quality treatment. Refer to Appendix B for a copy of the City SWPPP. Other units of government are responsible for maintaining the storm water systems under their control. For example: MnDOT is responsible for maintenance of storm sewer along Trunk Highway 7; City of Hutchinson is responsible for maintaining storm sewer catch basins and leads in the county roads; Owners of private storm water facilities are responsible for maintaining their facilities in proper condition, consistent with the original performance design standards. Responsibilities include removal and proper disposal of all settled materials from ponds, sumps, grit chambers, and other devices, including settled solids. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page -4-5 SECTION 4 Problem 4.8.B Prioritizing inspection and maintenance of storm water ponds, BMPs, and outfalls as well as determining the performance of existing storm water ponds and BMPs throughout the City. Corrective Action 4.8.B The City will develop a program to identify pond, BMP, and outfall maintenance activities. This program will need to be updated to result in an updated prioritization of inspection and maintenance activities. In addition, the program will estimate the current treatment provided by each pond/BMP to determine if the desired amount of treatment is being achieved. This program will help meet the new MS4 permit requirements related to the management of storm water ponds. Problem 4.8.0 Maintenance of pond sediment and volunteer vegetation on pond adjacent to Montana Street. Corrective Action 4.8.0 The City will complete an inspection and determine the appropriate amount of sediment and vegetation management to be performed to allow the pond to have appropriate water quality and water quantity volumes. Maintenance/construction may then be performed. Problem 4.8.D Accumulation of debris and material on City streets. Corrective Action 4.8.D The City uses pre -wetting with a brine solution in winter which results in less material accumulation and uses sand when necessary to improve traction. The City will continue to sweep debris and salt from City streets in the spring, summer, and fall. The entire City takes approximately two to three weeks to sweep. More information regarding street sweeping activities can be found in the SWPPP which is located in Appendix B. Problem 4.8.E Erosion and drainage issues adjacent to Bridgewater Pond. Corrective Action 4.8.E The City will complete an inspection and determine the necessary erosion repairs around the perimeter of Bridgewater Pond. Sediment accumulation and vegetation will be removed east of Eighth Avenue SW where positive drainage is being obstructed. Installation of stormwater infrastructure will be required when Eighth Avenue SW is extended to the east to improve drainage functionality. 4.9. Availability and Adequacy of Existing Technical Information to Manage Local Water Resources. Problem 4.9.A Atlas 14 (updated precipitation probability information) was released by NOAA (National Oceanic and Atmospheric Administration) in 2013. Corrective Action 4.9.A Previously developed areas within the City (designed to meet TP -40 hydrologic demands) will continue to operate under this design criteria. New development, redevelopment, and areas where problems may exist will be evaluated (as Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page -4-6 SECTION 4 needed) by completing a risk assessment using Atlas 14. The City may update its policies, codes, ordinances, and other appropriate documents accordingly. Problem 4.9.B The City has mapped a vast majority of its storm sewer system. As new and redevelopment projects are completed, the storm sewer GIS database needs to continually be updated. Corrective Action 4.9.B The City will annually update its storm sewer GIS database to incorporate recent projects and associated storm sewer improvements. Problem 4.9.0 Clear design guidance for developers is not available for post -construction design standards. Corrective Action 4.9.0 The City will incorporate design standards into the Plan; see Appendix C for design standards. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page -4-7 SECTION 5 5. GOALS AND POLICIES 5.1. General The goals in Hutchinson's Local Surface Water Management Plan appear to be consistent with the goals of the McLeod County Water Management Plan and the Crow River Organization of Water (CROW), while addressing the more specific and changing needs of the City. The goals of this plan are also consistent with the guidelines contained in Minnesota Statutes 103B and Minnesota Rules 8410. The City recognizes that McLeod County and the CROW will continue to seek an active role regarding water resources in the City. McLeod County's most recent Water Management Plan can be found at http://www.co.mcleod.mn.us/department_ files/EnvironmentalSery/McLeod%20Count y%20Water%2OPlan%202013-2023%20[6-18-13l.pdf. Additional goals and policies of the City are contained throughout this section. A general priority of the City is to cooperate, collaborate, and partner with other entities such as McLeod County, CROW, and the MPCA as much as possible as the City implements this plan. Cooperation, collaboration, and partnering results in projects that are less likely to conflict with the goals of the affected entities, better able to meet long-term goals, and generally are more cost-effective. In addition to the goals and policies contained in this section, the City will annually review and update its Storm Water Pollution Prevention Plan (SWPPP) to effectively manage its storm water system and be in conformance with the NPDES MS4 Program. The MS4 General Permit and Construction Permit also apply. Refer to Appendix B for the most recent version of the City SWPPP. The rules and policies identified may be amended from time to time. Any updates to rules and policies will become effective upon approval and shall be used in place of those identified herein. 5.2. Water Resource Ordinances The City has a Storm Water Management Ordinance (Chapter 54, http://www.amlegal.com/codes/client/hutchinson_mn/). Refer to this ordinance for requirements relating to application, review, and approval standards and the associated storm water management plan components and requirements. It also outlines suspensions, revocations, stop work orders, and associated enforcement/penalty. Consistent with the Storm Water Management Ordinance (Chapter 54, http://www.amlegal.com/codes/client/hutchinson_mn/), the policies in this section are triggered for all projects disturbing more than one acre. Likewise, the City Engineer may waive this requirement if it is determined the requirements cause a hardship or are Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 5-1 SECTION 5 contrary to the City's goals and objectives. In addition, the City has adopted a Shoreland Ordinance (Chapter 152, http://www.amlegal.com/codes/client/hutchinson_mn/) and a Floodplain Ordinance (Chapter 154, http://www.amlegal.com/codes/client/hutchin son_mnto regulate uses within shoreland and floodplain areas. 5.3. Water Quality 5.3.1. Goal Work with McLeod County and the CROW to maintain and/or enhance the water quality of the City of Hutchinson's lakes, wetlands, streams, and other water resources in the City. Utilize regional storm water facilities where possible to enhance water quality by removing sediment and nutrients from runoff. 5.3.2. Policies The City's preferred means of protecting water quality is to infiltrate and provide volume control for storm water runoff The City requires storm water volume control (infiltration, reuse, or other) equivalent to one inch from new impervious surfaces (increase from existing conditions) or 50% phosphorus removal if infiltration is determined to be unfeasible or undesirable (refer to Policy 2 of NPDES Construction permit regarding infiltration constraints). In addition, Wellhead protection areas should also be reviewed when considering infiltration (see Section 5.7.2.1). 2. Infiltration will not be required nor allowed in areas where there are known groundwater contaminants, soils are not suitable for infiltration (unsuitable soils are those with infiltration rates less than 0.3 inches/hour), or in areas where there is less than three feet of separation between the bottom of the infiltration system and the groundwater or bedrock. Percolation tests shall be required to verify the infiltration rates of on-site soils following the construction of infiltration BMPs. 3. Pretreatment of storm water is required prior to discharge to an infiltration system. This pretreatment shall collect sediment and be easily accessed for inspection and maintenance. 4. A pond buffer extending twenty feet outward and two feet up from the high water level must be provided around the entire pond. The developer must provide signs denoting pond buffer limits as deemed necessary and as approved by the City. Pond buffers should be maintained as a meadow, Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 5-2 SECTION 5 prairie, or forest with no more than two mowings annually at a height of no less than four inches (Hutchinson, MN Code of Ordinances 54.23 (F)). Inspections for non -routine maintenance items on all storm water management systems must occur at a minimum of once every five years. (Hutchinson, AM Code of Ordinances 54.24) 6. Sediment cleanout must occur when 50% of the permanent pool storage volume is sediment. (Hutchinson, AM Code of Ordinances 54.24) 7. Newly constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge (Hutchinson, MN Code of Ordinances § 54.24 (B)). New storm water management BMPs (e.g. ponds, infiltration systems, swales) constructed as part of private development shall be covered by drainage and utility easements or outlots that are dedicated to the City. Maintenance responsibilities for these areas will be spelled out in the developer's agreement. 5.4. Runoff Management and Flood Control 5.4.1. Goal Protect, preserve, and expand (where possible) the storm water storage and detention systems to control excessive runoff volumes and rates, prevent flooding, protect public health and safety, and minimize public capital expenditures. 5.4.2. Policies 1. The City's preferred flood control strategy is to reduce the volume of runoff through regional storm water facilities and reuse or infiltration proj ects. 2. Consideration shall be given to reduce the need for storm water management system facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales, and depressions as they exist before development to the degree that they can accommodate the additional water flow without compromising the integrity or quality of these natural features. (Hutchinson, AM Code of Ordinances § 54.23 (B)) 3. Under no circumstances shall the 2-, 10-, or 100 -year developed peak flow exceed the 2-, 10-, or 100 -year existing peak flow without prior Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 5-3 SECTION 5 written approval by the City Engineer (Hutchinson, AM Code of Ordinances § 54.23). 4. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway (Hutchinson, MN Code of Ordinances § 154.086 (C)). All structures, including accessory structures, must be elevated on fill so that the lowest floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot above the regulatory flood protection elevation and the fill shall extend at that elevation at least fifteen feet beyond the outside limits of the structure erected thereon (Hutchinson, MN Code of Ordinances § 154.089 (B)). 6. Adjacent to floodplain, the lowest floor including basement shall be placed at least two feet above the 100 -year flood level. 7. Adjacent to storm water ponds or BMPs, the lowest opening shall be placed at least two feet above the 100 -year high water level. An emergency spillway (emergency outlet) from ponding areas shall be installed a minimum of one foot below the lowest building opening and shall be designed to have a capacity to overflow water at an elevation below the lowest building opening at a rate not less than the anticipated 100 -year peak inflow rate to the basin. 9. Residential basement construction shall not be allowed below the regulatory flood protection elevation and non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with division § 154.089 (D) (3) (Hutchinson, MN Code of Ordinances § 154.089 (D) (2)). 10. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation (Hutchinson, MN Code of Ordinances § 154.089 (E)(1)). 11. Lateral and collector systems shall be designed to accommodate a 10 -year return frequency storm event. These systems shall be defined as storm sewer that collects and conveys runoff from catch basins or other inlets from a localized drainage area to a trunk system or ponding facility. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 5-4 SECTION 5 12. Trunk systems shall be designed to convey the anticipated 100 -year critical event storm water flow rate. A trunk system shall be defined as the main channel of the storm water system that receives water from multiple laterals or collectors or serves as an outlet and downstream conveyance system for a storm water storage facility. 13. An overland overflow should be provided for all lateral, collector, and trunk systems to accommodate the 100 -year critical duration rainfall event and prevent structural inundation should an obstruction occur in these systems. 14. No orifice having a diameter less than four inches is allowed in the design of rate control structures within the City. 5.5. Wetlands 5.5.1. Goal Achieve no net loss of wetlands including acreage, functions, and values. Where practical improve the functions, values, biological diversity, and acreage of existing wetlands. 5.5.2. Policies 1. Wetland alterations must be in conformance with the Wetland Conservation Act (WCA) and will be administered by McLeod County which is the Local Governing Unit (LGU) for WCA in Hutchinson. 2. Water quality treatment to NPDES standards is required prior to discharge into a wetland. 3. Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland. This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state or federal agencies such as a watershed district, the State Department of Natural Resources, or the U.S. Army Corps of Engineers. The applicant will be advised to consider: i. Sediment and pollutant trapping and retention; ii. Storage of surface runoff to prevent or reduce flood damage; iii. Fish and wildlife habitat; Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 5-5 SECTION 5 iv. Recreational use; v. Shoreline or bank stabilization; and vi. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. (Hutchinson, MN Code of Ordinances § 152.039 (C) (4) (a)) 4. No person shall deposit grass clippings, leaves, or other vegetative materials, with the exception of normal mowing or weed control, within natural or man-made watercourses, wetlands, or within wetland buffer areas (Hutchinson, MN Code of Ordinances § 54.04 (A) (3)). 5.6. Erosion and Sediment Control 5.6.1. Goal Protect the capacity of the City's storm water management system, prevent flooding, and maintain water quality by preventing erosion and sedimentation from occurring, and correct existing erosion and sedimentation problems. 5.6.2. Policies 1. All persons, subject to meeting the requirements and needing to obtain a NPDES permit. shall apply for coverage and file a copy with the City Engineer (Hutchinson, MN Code of Ordinances § 54.30 (A)). 2. The construction grading and erosion/sediment control plans, in a format acceptable to the City Engineer, shall contain a drawing or drawings delineating the features incorporated into the SWPPP including details of perimeter protection, construction phasing, storm drain inlet protection, erosion control measures, temporary and final stabilization measures, including all BMPs. In addition, the construction specifications shall contain technical provisions describing erosion, sedimentation, and water control measures to be utilized during and after construction as well as to define the entities responsible for the installation and maintenance of the BMPs. The project SWPPP must be incorporated into the construction specification documents (Hutchinson, MN Code of Ordinances § 54.31 (B)). 3. The City will conduct erosion control inspections on a regular basis of all projects that require an erosion and sediment control plan. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 5-6 SECTION 5 4. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping and protect fish and wildlife habitat (Hutchinson, AN Code of Ordinances § 152.039 (A)). 5.7. Groundwater 5.7.1. Goal Protect the quality and quantity of groundwater resources. 5.7.2. Policies Encourage groundwater recharge efforts and protect recharge areas from potential sources of contamination. Provide increased green space, native vegetation, and pond "dead" storage wherever possible and appropriate to allow for the infiltration of storm water runoff and promote groundwater recharge. 2. Wellhead protection areas should be reviewed when infiltration and/or groundwater recharge is considered. Refer to the City Engineering Department for a copy of the Wellhead Protection Plan. 3. Maintain an updated record of all known on-site septic systems, and prohibit installation of new individual sewer systems or alteration, repair, or extension of existing systems when connection can be made to the City's sanitary sewer. The City will notify property owners with on-site septic systems that they are required to connect to the City's sanitary sewer. 4. The City will work with the Department of Health to insure that all unsealed or improperly abandoned wells within the City are properly sealed. 5. Provide groundwater protection as laid out in the County's Local Water Plan. 5.8. Recreation, Habitat, and Shoreland Management 5.8.1. Goal Protect and enhance fish and wildlife habitat and recreation opportunities. 5.8.2. Policies Cooperate with McLeod County and the CROW to protect existing habitat and recreation corridors. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 5-7 SECTION 5 2. Maintain, enhance, or provide new habitat as part of wetland modification, storm water facility construction, or other appropriate projects. 3. Encourage alternative landscape designs that a) increase beneficial habitat, wildlife and recreational uses; promote infiltration and vegetative water use; and that b) decrease detrimental wildlife uses (such as beaver dams, goose overabundance), which damage water control facilities, shoreline vegetation, water quality, or recreational facilities. 4. Shore and bluff impact zone deficiencies must be evaluated and reasonable improvements made as part of the conversion. These improvements must include, where applicable, the following: i. Removal of extraneous buildings, docks or other facilities that no longer need to be located in shore or bluff impact zones; ii. Remedial measures to correct erosion sites and improve vegetative cover, and screening of buildings and other facilities as viewed from the water. (Hutchinson, AM Code of Ordinances § 152.091(C)) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level and the height of the riprap above the ordinary high water level does not exceed three feet (Hutchinson, AM Code of Ordinances § 152.039 (C) (4) (a)). 6. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat (Hutchinson, AN Code of Ordinances § 152.039 (A)). 7. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located (Hutchinson, MN Code of Ordinances § 152.039 (B) (2) (a)). In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach, and watercraft access areas and permitted water -oriented accessory structures or facilities, provided that: Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 5-8 SECTION 5 The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced; ii. Along rivers, existing shading of water surfaces is preserved; and iii. The above provisions are not applicable to the removal of trees, limbs or branches that are dead, are diseased or pose safety hazards (Hutchinson, MN Code of Ordinances § 152.039 (B) (2) (b)). 9. Shore recreation facilities, including but not limited to swimming areas, docks and watercraft mooring areas, and launching ramps must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to ground water, and bedrock or other relevant factors. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers (Hutchinson, AN Code of Ordinances § 152.029 (D)(3)). 5.9. Education and Public Involvement 5.9.1. Goal Increase public awareness, understanding, and involvement in water and natural resource management issues. 5.9.2. Policies Develop and distribute educational materials to the general public and targeted groups in accordance with the City SWPPP. Specific topics could include water resources, groundwater, wetlands, native vegetation, buffers, wildlife habitat, litter control, pet wastes, recycling, trash disposal, leaf collection, grass clippings, lawn chemicals, and hazardous materials. Information may be distributed via the City's newsletter, City website, local newspapers, cable television or other appropriate methods. 2. Coordinate education efforts with McLeod County and the CROW where appropriate. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 5-9 SECTION 5 5.10. Financing 5.10.1. Goal Minimize and fairly distribute public expenditures for plan implementation, with emphasis on using the City's storm water utility to finance projects and collaborating/partnering with other entities. 5.10.2. Policies Use the City's Storm Water Utility Fund to pay for as many storm water management projects and implementation activities as possible. 2. Use other funding sources to pay for the implementation activities, studies/analysis, grants, land sale proceeds, State Aid funds, etc., when available and appropriate. 3. The City will use either its general tax fund or the Storm Water Utility Fund to pay for the public education and information programs. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page 5-10 SECTION 6 6. IMPLEMENTATION PROGRAM 6.1. Implementation Program Components Table 6.1 contains a comprehensive list of the MS4 activities and projects, programs, and studies that make up the City's implementation program for the next ten years (2015 through 2024). The City developed this program by evaluating the requirements in the MS4 permit (see MS4 SWPPP Application for Reauthorization in Appendix B), reviewing existing information (Section 2), identifying potential and existing problems (Section 4), developing goals and policies (Section 5), and then assessing the need for programs, studies, or projects. The City estimated total costs, identified possible funding sources, and developed an approximate schedule to complete the implementation activities. It is anticipated these tables will be updated/revised on a yearly basis. 6.2. Implementation Priorities The implementation components listed in Table 6.1 were prioritized to make the best use of available local funding, meet MS4 Permit requirements, address existing water management problems, and prevent future water management problems from occurring. Table 6.1 identifies which activities are MS4 Permit Requirements, MS4 Permit Requirements — within twelve months, Annual Requirements, or Capital Projects/Programs/Studies. The City's implementation plan reflects its responsibility to protect the public health, safety, and general welfare of its citizens by addressing problems and issues that are specific to the City. 6.3. Financial Considerations The City will use funds generated from its storm water utility fee as the primary funding mechanism for its implementation program including; maintenance, repairs, capital projects, studies, etc. If funds from this utility fee do not cover necessary costs, the City will consider adjusting the storm water utility fee as well as using general funds to cover the costs associated with the implementation program. The City will continue to review the storm water utility fee annually and adjust based on the storm water related needs of the City and other available funding mechanisms. Although not proposed at this time, the City may consider using plan implementation taxes (MN Statutes 10313.241) or 429 Special Improvement Assessments in the future if general funds or storm water utility funds are not sufficient to fund the projects. The City will also take advantage of grant or loan programs to offset project costs where appropriate and cost-effective. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page -6-1 SECTION 6 6.4. Plan Revision and Amendments The City may need to revise this Plan to keep it current. The City may amend this Plan at any time in response to a petition by a resident or business. Written petitions for Plan amendments must be submitted to the City Administrator. The petition must state the reason for the requested amendment and provide supporting information for the City to consider the request. The City may reject the petition, delay action on the petition until the next full Plan revision, or accept the petition as an urgent issue that requires immediate amendment of the Plan. The City may also revise/amend the Plan in response to City -identified needs. This Plan is intended to be in effect for ten years. The Plan will be revised or updated at that time, to the extent necessary. Local Surface Water Management Plan City of Hutchinson WSB Project No. 2702-00 Page -6-2 SECTION VI TABLE 6.1 LOCAL WATER MANAGEMENT IMPLEMENTATION PLAN a3 Proposed Cost By Year' 2 `w v a — A uw E v o 10 Year Possible w w 'o o c O v Cost Funding No. Project Description X ¢ m o- o- u) O Mw Estimate' Sources 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Comments ADMINISTRATIVE Education Activity Implementation Plan - Complete See SWPPP Application for outline of education activity implementation program and Reauthorization (Appendix B) implementation schedule for the upcoming permit year by June 30th. Include procedures to meet requirements for the following stormwater educational programs: -Printed Brochures at City Hall -Coordination of City Education Program -IDDE Education postings on City website and PRCE 1 brochures �/ �/ 1 $7,500 Storm Water $750 $750 $750 $750 $750 $750 $750 $750 $750 $750 -Post Construction SW Management Education Utility guidance documents provided to developers -Targeted distribution of education materials for grease dumpsters and lawn clippings -Other as noted in the Citys SWPPP -Others as noted in the City's SWPPP Application. Annual SWPPP Assessment & Annual Reporting City See SWPPP Application for staff will conduct an annual SWPPP assessment in Reauthorization (Appendix B) preparation of each annual report. Proposed SWPPP modifications are subject to Part II.G of the MS4 permit. ✓ ✓ Storm Water 2 The final annual report will be posted on the City's 1 $10,000 Utility $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 webpage. City staff will submit the annual report to the MPCA prior to June 30th for the previous calendar year. Annual Review of Stormwater Utility Fund - The City will Storm Water See SWPPP Application for 3 assess annually the rate to determine if there is a need ✓ 1 $5,000 Utility, Staff $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 Reauthorization (Appendix B) for rate adjustments. Time Annual Public Meeting/Event Present the draft MS4 See SWPPP Application for annual report to one public event per year to solicit Reauthorization (Appendix B) public input regarding the adequacy of the City's SWPPP. Public input received (oral and written) will be Storm Water 4 recorded in a record of decision and evaluated by the 2 $10,000 Utility, Staff $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 City's MS4 General Contact. City responses (if relevant) Time will be made in writing to each commenter. Hold one event per calendar year of the MS4 permit cycle. Local Surface Water Management Plan City of Hutchinson TABLE 6.1 WSB Project No. 2702-00 SECTION VI a3 Local Surface Water Management Plan City of Hutchinson TABLE 6.1 WSB Project No. 2702-00 Proposed Cost By Year''2 `w v a — A u w E v o 10 Year Possible M `E 0 0 c c A Cost Funding No. Project Description fn w X c w ¢ m ! o- o- u) o w U Mw Estimate' Sources 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Comments Online Availability of the Stormwater Pollution Prevent See SWPPP Application for Plan (SWPPP) Program Document- The City will make Reauthorization (Appendix B) the SWPPP and annual reports on the City's webpage within Storm Water 5 12 months from the date the MS4 permit coverage is extended 2 $5,000 Utility, Staff $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 to the City. Time Employee Training - Continue to host a minimum of one See SWPPP Application for staff training event per year to discuss illicit discharge Reauthorization (Appendix B) recognition and reporting. City staff will develop an Storm Water 6 annual training schedule, record the employee names, �/ �/ 3 $5,000 Utility, Staff $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 topics covered, and date of each event, annually through Time the end of the MS4 permit cycle. City Webpage updates- The City will update the See SWPPP Application for webpage to include city contact information for Reauthorization (Appendix B) construction site non-compliance. The update will also Storm Water 7 include constriction site erosion and sediment control ✓ 1 $2,500 Utility, Staff $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 related public education information. This update will Time occur within 12 months from the date MS4 permit coverage is extended. Employee Training - Building or Engineering Department See SWPPP Application for staff (a minimum of one staff member) will maintain valid Storm Water Reauthorization (Appendix B) 8 certification in NPDES Construction Stormwater Permit ✓ ✓ 4 $2,000 Utility, Staff $400 $400 $400 $400 $400 related training per NPDES-CSW training requirements. Time Develop Priority Site Inspection Procedures - Develop See SWPPP Application for prioritized inspection frequencies for areas of high Storm Water Reauthorization (Appendix B) g concern. Post information associated with P2 and GH at ✓ ✓ 4 $7,000 Utility, Staff $2,500 $500 $500 $500 $500 $500 $500 $500 $500 $500 City facilities that cause potential pollution causing Time activities. Updated City Ordinance Chapter 54 Stormwater See SWPPP Application for Management - City code Chapter 54 will be revised to Reauthorization (Appendix B) comply with changing permit requirements related to illicit discharges, and construction activity stormwater Storm Water 10 discharges. The final ordinance language will be formally ✓ ✓ 3,4,5 $3,000 Utility, Staff $1,500 $1,500 adopted and implemented within 12 months from the Time date MS4 permit coverage is extended to the City. Update MS4 Program - incorporate inspections from Storm Water See SWPPP Application for 11 Industrial Stormwater permitted sites into MS4 program �/ ✓ 6 $5,000 Utility, Staff $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 Reauthorization (Appendix B) records. Time Local Surface Water Management Plan City of Hutchinson TABLE 6.1 WSB Project No. 2702-00 SECTION VI a3 Local Surface Water Management Plan City of Hutchinson TABLE 6.1 WSB Project No. 2702-00 Proposed Cost By Year' 2 `L v CL - A u w E v o 10 Year Possible M `E 0 0 c c A Cost Funding No. Project Description fn w X c w ¢ m ! o- o- u) o w O Mw Estimate' Sources 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Comments Post Construction Requirements - The City may See SWPPP Application for incorporate sensitivity to wellhead protection activities Reauthorization (Appendix B) into ordinance, accept MIDS calculator outputs during post construction reviews, and will amend it's ✓ Storm Water 12 Stormwater Management Plan within 12 months from 5 $5,000 Utility $5,000 the date permit coverage is extend to more clearly identify system maintenance needs and regional implementation strategies. Enforcement Response Procedures (ERPs) - the City See SWPPP Application for will develop an ERP within 12 months from the date Reauthorization (Appendix B) permit coverage is extended. ERP will include the ✓ Storm Water 13 process to enforce code violations associated with General $2,000 Utility $1,000 $1,000 IDDEs, construction site runoff, and post construction stormwater management. Pond, Wetland, and Lake Inventory - The City will submit See SWPPP Application for its inventory form to the MPCA MS4 Permit Program ✓ Storm Water Reauthorization (Appendix B) 14 within 12 months from the date permit coverage is General $4,000 Utility $2,000 $2,000 extended. Construction Site Stormwater Runoff Control Program - Storm Water See SWPPP Application for Includes erosion control permit, City Code Chapter 54, Utility, Reauthorization (Appendix B) 15 staff training, distribution of educational materials, and ✓ 4 $60,000 Developer's $6,000 $6,000 $6,000 $6,000 $6,000 $6,000 $6,000 $6,000 $6,000 $6,000 review of City permitted activities Agreements Annual Storm Sewer GIS Mapping Updates to include Storm Water Section 4.9.13 new storm sewer and 3MPs Utility, Staff 16 ✓ General $5,000 Time, $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 Subdivision A reements ADMINISTRATIVE TOTAL $138,000 $23,900 $12,000 $12,400 $12,000 $16,900 $12,000 $12,400 $12,000 $12,400 $12,000 OPERATIONAL Street Sweeping - The City will continue to conduct See SWPPP Application for annual street sweeping operations of all public streets Reauthorization (Appendix B) (record the sweeping roue and date per occurrence). Review and revise (as needed) street sweeping ✓ ✓ Storm Water 17 operations (including schedule, equipment's, and 6 $2,205,000 Utility $220,500 $220,500 $220,500 $220,500 $220,500 $220,500 $220,500 $220,500 $220,500 $220,500 disposal), stormwater quality priority areas, and routes annually through the end of the MS4 permit cycle. Structural Stormwater BMP Inspections - Continue Storm Water See SWPPP Application for 18 annual inspection of each structural BMP each year of �/ �/ 6 $48,000 Utility, Staff $4,800 $4,800 $4,800 $4,800 $4,800 $4,800 $4,800 $4,800 $4,800 $4,800 Reauthorization (Appendix B) the MS4 permit cycle. Time IDDE Inspections - The City will continue to annually See SWPPP Application for conduct IDDE inspections concurrently with stormsewer Storm Water Reauthorization (Appendix B) 19 outfall, and ponds inspections per the IDDE inspection ✓ ✓ 3 $7,500 Utility, Staff $750 $750 $750 $750 $750 $750 $750 $750 $750 $750 requirement. Time Local Surface Water Management Plan City of Hutchinson TABLE 6.1 WSB Project No. 2702-00 SECTION VI a3 Local Surface Water Management Plan City of Hutchinson TABLE 6.1 WSB Project No. 2702-00 Proposed Cost By Year' 2 `L v CL - A u w E v o 10 Year Possible M `E 0 c A Cost Funding No. L ion X ¢ m 0c i! o- o- u) U Mw Estimate' Sources 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Comments Inspect MS4 Outfalls and Ponds - Continue to inspect See SWPPP Application for all MS4 Outfalls, and Ponds through the end of the MS4 Reauthorization (Appendix B) permit cycle and annually, review all pond, outfall, and SPCD inspection records to determine if maintenance, Storm Water 20 repair, or replacement is needed. Evaluate each SPCD's 6 $50,000 Utility, Staff $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 inspection frequency and adjust as needed per MS4 Time Permit. Evaluate and update inspection records annually through the end of the MS4 permit cycle. Stockpiles. Storage and Material Handling Area See SWPPP Application for Inspections - Creation of inspection and reporting Reauthorization (Appendix B) standard operating procedures to be developed to Storm Water 21 conduct annual written inspections of all stockpile, V/ V/ 6 $2,500 Utility, Staff $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 storage and material handling areas (per the facility Time inventory), through the end of the MS4 permit cycle. Pond. BMP. & Outfall Management Program to prioritize Storm Water Section 4.8.13 22 inspection and maintenance activities V/6 $25,000 Utility $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 OPERATIONAL TOTAL $2,338,000 $233,800 $233,800 $233,800 $233,800 $233,800 $233,800 $233,800 $233,800 $233,800 $233,800 CAPITAL PROJECTS Downtown Stormwater Improvements in conjunction with Section 4.1.13 Trunk Highway 15 improvements ✓ Storm Water 23 - $350,000 Utility, MNDOT $350,000 South Central Drainage Area Improvements: newstorm Section 4.2.A sewer into neighborhoods west/east of RC, detention ✓ Storm Water 24 basin in the existing ball field area, new storm sewer into - $1,700,000 Utility $970,000 $730,000 RC parking lot. Clifton Heights Flood Improvement Project: stormwater Section 4.2.13 basin near Arch Street and Michigan Street NE Storm Water 25 V/- $800,000 $800,000 Utility Market Street Ditch Improvements: ditch east of Section 4.2.0 Fairgrounds and possible options to improve ✓ Storm Water 26 drainage/maintenance - $30,000 Utility $30,000 Bradford Street Flood Improvement Project construction Section 4.2.D 27 of improvements. V/ _ $100,000 Storm Water $100,000 Utility Flood Study Near Ridgewater College to investigate Section 4.2.E 28 constructing a regional pond and adding an outlet to the V/_ $12,000 Storm Water $12,000 landlocked area Utility Local Surface Water Management Plan City of Hutchinson TABLE 6.1 WSB Project No. 2702-00 SECTION VI a3 Local Surface Water Management Plan City of Hutchinson TABLE 6.1 WSB Project No. 2702-00 Proposed Cost By Year' 2 `L v CL — A u w E v o 10 Year Possible M `E 0 0 c c A Cost Funding No. ProjectDescri tion fn w M c w ¢ M ! a` a` U)O o w Mw Estimate' Sources 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Comments 8th Avenue Flood Improvements to reduce flood Section 4.2.F 29 potential and surcharging impacts from School Road ✓ - $75,000 Storm Water $75,000 Utility Alan Street Outfall Management to remove accumulated Section 4.5.A 30 material near the outfall into Otter Lake ✓ 6 $40,000 Storm Water $40,000 Utility Sediment Accumulation, Waterbody Functionality, Section 4.5.13, Future/potential Spillway Operations. Maintenance, and Depth ✓ Storm Water project costs and schedule to be Management Analysis within Otter Lake, Campbell Lake, 31 6 $25,000 Utility $25,000 determined and the Crow River Vegetation/Sediment Management on Montana Street Storm Water Section 4.8.0 pond to allow for appropriate stormwater storage 32 ✓ 6 $20,000 Utility $20,000 Bridgewater Pond Improvements to address erosion, Section 4.8.E 33 sedimentation, and necessary infrastructure✓ 6 $30,000 Storm Water $30,000 improvements. Utility CAPTIAL PROJECTS TOTAL $3,182,000 $0 $75,000 $970,000 $782,000 $175,000 $350,000 $30,000 $0$0 $800,000 GRAND TOTAL $5,658,000 $257,700 $320,800 $1,216,200 $1,027,800 $425,700 $595,800 $276,200 $245,800 $246,200 $1,045,800 ' Cost estimates are preliminary and subject to review and revision as engineer's reports are completed and more information becomes available. Table reflects 2015 costs and do not account for inflation. Costs generally include labor, equipment, materials, and all other costs necessary to complete each activity. For City completed activities, staff time is included in the cost. Some of the costs outlined above may be included in other operational costs budgeted by the City. 10 Year cost projections are based upon 2 MS4 Permit Cycles with year 1 program updates occurring again in 2019 a Funding for stormwater program activities projected to come from following sources - Surface Water Utility, Developers Agreements, Grant Funds, General Operating Fund, or Special Assessments Local Surface Water Management Plan City of Hutchinson TABLE 6.1 WSB Project No. 2702-00 APPENDIX A Figures Local SurfaceWater Management Plan Appendix A City of Hutchinson WSB Project No. 2702-00 ? Zion M Wakefield ockvilleT,1 on��,demS `rne0f4w { t, !J �ea�Clearwater o,, O •- Eden®sin '• �Stearns siscbueatrt avers ►. 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The data is p—id.d dI iIwith no ddiT made as to its dccurdsy orifi dppropnatenass to its intended use of Ne dad. It is Ne responsibility of Ne end ser to be aware of Ne data's linint— and to utilize Ne data in do dppropriate Td.and Ne end user 19,ees to hold The City of Hutrnlnson harmless for smg opt of mis e;:rndnge orTfo,Ta<ion. me,ero,e �,do, no umsbnms shall Ne Cry of Hutchlnson be held responsibler an foy —, il xpenses,, I Tdg—'l.unes.Wdmg speodl ono, con segu..tial amages to any pe,son(s) o' p'opehy Nffi doses "OT the use, o, Tlsuse of Ne lfoflnat oil prwided. Figure 4.5 Future Land Use Map 07 City of Hutchinson Future Land Use January 2013 Future Landuse oAg,-It— tPIa ,,g-t,U o - D-,ty R -d- l Neigh -hod o M d- D-,= R -deo l-gn-h- H�9noeI=�R-d-� lNe�gh-h od M.' �" EA M blleHl-P- � Plb 11lttlo1111 P_._ save Wm, 1, }• 1 03-20-13 Tiller Dr Fernold 21om st 8 � 29 'St 1 H [c 205th Dr r A��Y 20sN St 2060h St ,Ll y� �e Aye NW b —' I _1 I 1 -�} Yr 200th St J"y 12[h•Ave �•---'--North High Dr _ 1 1—.---i � - t' 11iM1 Ave NE 9iM1 Ave I NE - . •.�� I BIM1 �oUrs.r. � Y _ � N �l � eRa I Ave m o t � _ _ + - m ]th Ave � ■ F - _ Ave NW I • Of[er (North 3rd ParkAve NE _.� � 1 Ann/Campbells) oaks - � -- La.. � 1 r pcoma Pa A Y, Lin'dt7 La � �� 1 - - isl Ave NW 1st Ave Hilltop Dr �-1 I - VpOp\n Washington AveW �- r_._—_._—_. �r I SNJ 1s1 Ave 1st Ave SE 06 2n Ave SW SW N _>Y Otter 3b Ave5W _ _ G _ _ Lewis Ave (Main m � m o - i w Basin) Aan 4th P eSw = E � i I _ - th Ave SE W Arch:St=,='==,t JuulRd I`.� Roberts Rtl � Q � Ave N f Railroa'--_._—._ _. -I Madsen Ave SW � _ m ' 1, d St Q S161ey MC Donal Dr Goebel yy Milwaukee A e SW m ]ih � Fair . � ill ry A `�- a ti �a 3 Ave N � _■ x 3 a 8N S N �i� 5'W Oakland � Sti �y�I m Noble Rd �,� I` _.I 1 O N - •-- •Freemont Ave S��f 1 ^ 4 ► 1 � '�' _ l- CenturyAvea 1 7. I I ..-- CenturY:Ave SW r _ A: Elk �e �9. i ` i _"•. \ L--- —_._- � •, `SSW l _ ,•�--' - I- Edmonton' 1SW \ 1 —Rtl I,_— C Airport Rd 170th St I r i I 100th St 3 N Legend - Storm Sewer ,0 Wetland Inventory VZ, Lakes 150, 1 inch equals 2,500 feet FIGURE 4: Storm Sewer Map sanre.cltyatxncnmsa. (zois) April 2015 N Tiler Dr 215; Otter Lake's OHW = 1039.2* a *DNR's LakeFinder Fernold 21 Dth St 8 209th S( Aco 3 205th 203N St 206th St q�e NW ¢' £ 12th Ave �� NortM1 HigM1 Dr --- 266th St 9N Ave 1 BIM1 Ce4rse - � c uF � I + � � ]th Ave 5th Ave NW E �oJ NW o ti Ti NW m 3rd Ave NW Hwy,] Otter (North Rolling qih qve park Ave NE Ann/Campbells) NW 1sN � 1st Ave Eve Hilltop Dr �` S Upcon ashin9ton AveW �_ - - -'- ; °o� SNJ 1st Ave 1st Ave SE r � o SW N I 2nd Ave SE 2nd Ave S - _ Otter Lewis Ave 3rtlA eGW. (Maii Havaen esw m " °' _16 I 1 � Roberts Rtl � A a J I Rd _ adsen Ave S Slhle Mc onal Dr � Mil a kee Ave SW m � n _ O � y Goebel SY m ]the � Fair m = 8th S A a rn a sti 1 � � � ti SN Oakland P iI _ r -� T---�-- —I R 3 t] o Noble Rd _.. I Gratle tl 5 m I I.. Freemont I I Ave I I a I I CenturyAve y I Century Ave SW - �_ _ I Elka � 922 _ 1 I , I prchard Ave 9 Denver Ave ••Y . SW - Edmonton SW York Rd Airyort Rd, --- _--- _.__\ _. 170th St I -� Hasa o 6 \\ I 160th 51 3 EE 155ths Legend EDXft Nftg@ ® National Wetland Inventory - % 150th s �i i 1 inch equals 2,500 feet FIGURE 5: NWI and DNR Waters Map Source. U.S.Fish&Wildlife Service (2013), MN DNR (2008) ilpT'lt 2015 ^I Tller Dr Hydrologic Soil Group 215th &a A B C 3 210th St _ D; A/D; B/D; C/D Water 205th U, 203N St 2050 St )Ll y� OWN Now, t I 1 a l"e Q l � - - 12th Ave �� _ NoriM1IHiOM1 Dr 1�, � 1--�--� 200th St � �11iM1SAve!NE yy� � i � I 9th Ave NE � Ave eRa m o t NW N%L Q r-_ E- I NW MN7 3rd Ave NW Rdling qth Ave Park Ave NE 1 ') U OLas oma Pew �� Lindy La Ave isl Ave NW 1st _ NE Hilltopbr _I I � I 9W 1s1 _Ave 1st Ave SE I 06 2n Ave SW SW N 2n Ave SE - _—'- .. I � Lewis Ave 3b AveGW eSW m ihwnas Robarts Rtl w Ava Juul Rd - � Madsen Ave SW _ Ra'troatl St m � , Milwaukee A e SW - /�� S161e Mc Donal Dr � m � � Ave Sti Oakland � �i� 5 �^� �✓ NeaSl Ave ■' � �'�---'I SGratle Rtl - '� - I Noble Rd I ' I Freemont Ave I CenturyAve � � I Century Ave SW _ 1 �e I r F �+ Elka II yWi I .Ih _ Ordlard Ave �ri 922q L I) Denver-A� SW Edmonton--- 47 _ \ I York Rtl C A,M Rtl --�_.___.__\ ` 170th St I �� !r lleyn �• Z - 06 F y 1s°tM1 St E Allen _ 155th St a ¢sl _ lsom 57 1 inch = 2,500 feet / FIGURE 6: Hydrologic Soils and Infiltration /NJ\ S.— N-1 R--, co.s—lo. servle .zoos April 2015 fernold 3 I —I 3 Otter (North = •I Ann/Campbells) 4.2B ' 4._ - - �•AviT �� 4.1 Otter F - - - (Main 4.5A `•y' Basin) e!- _.. ,� _--.- r I 4.2A '. 14.2E I. i i i I I i I t Problem Areas: 4 South Central Drainage Area 0 Otter Lake Outfall Sediment Removal (Alan Street Outfall) OClifton Heights Flooding Legend o Bradford Street Flooding Area Low Area at Ridgewater College -Future Pond/Outlet 0 Sediment Accumulation within Otter Lake and Crow River Impaired Water 0 Market Street Ditch Improvements Pond Maintenance Nutrient TMDL - Otter Lake OTurbidity TMDL - Crow River Impairments: 0 Downtown Stormwater Water Quality Improvements Otter Lake (Mercury, Nutrients) �; Localized flooding on 8th Avenue (surcharging from School Rd) Crow River (Mercury, Impaired Biology, Turbidity) 0 Bridgewater Pond Improvements Aa 1 inch equals 2,500 feet FIGURE 7: Water Resource Problem Areas so.r.ecay,Me hmsoo(20is),MecA(2012) April 2015 N Tller Dr w 1 215th & , 21 Dr, St $ 3 209th St 205th Dr iF _` �� 203rd St 2050h St _1 Ia'e 1 -- 12th A-10 ` --- --Nodh High Dr J• I, . �,.1 - ; 1-- i 200th St I I 9iM1 Ave .'� � y � ;ve PRa m o t gam* • � ]tN Wve � j, �=F,%� ; a- A Otter (N rt y Rdling y 4th gveNW �s 3idA NW _ Palk -Ave NE-:"„''-ff, ^l i�� 1 I Ann/Campbells) oaks - nma�.- La L� ■ 9 DndLa isl AYvwe 1st Ave ~ �� fNW ijpP en Wa ngt-Ave N/NE Hilltop Dr I 1sl Ave SE SNJ Aver tylSt 7 I 06 2n Ave SW Sti !N'� I Otter - (Main Resin) � -- eRdbert 01 '��° Ava Juul Rd -- s Rtl ¢' Rartroatl Madsen Ave SW `m St Q S161ey Mc Donal Dr Goebel yy Milwaukee A e SW in ]ih � Fair ry 3 a 8th - , S Neal Ave --- —_. S Gratle Rd- -� oe - _ - w:,, o � Noble Rd i I` J s Freemont I I Gemnry.Ave ` i I r Genwn Ave sw �, s - eika rIh •• �t�ard Ave _922q' L --- __._—:) Denver Ave 1 `\ Edmonton % I-'---” `^\ � I —Rd I,_-- - t Airport Rd `� 170th St - I j 1n0d, St n Legend Lakes 155th St ,_.._.. 100 -Year Floodplain y F F 500 -Year Floodplain _ 9 lsom s7 1 inch = 2,500 feet FIGURE d FEMA Floodplain Map Sur.c oe. McLeod County-FEMA(2014) iipT'1t 2015 w' rf-,f Tller Dr w 1 215th & , 210th St $ - 209th S( - _ Hu[chlIs" J 3 205th Dr Il- Z03 51 2050 St y`�y `•R\ '- 12th Ave �� '--- —Nod High Dr J� ' � r:- � 1 - 1-- 200th St NE.^ - 1 � 9iM1 Aver NE - v .� - � Ave PRa N o W t � - Ali U1;" paNW _91d Ave Nw 65 Otter INorthrn Rdiing . 4th_ �J. PaikAve NE - : y. 1 Ann/Campbells) DLks Aa�-r `- � cind�,7 ca p�ome � r -- �� _ isl AveNW.'1'st Ave NE `Hilltop Dr I _• _._—_. ' f_._—_•___.___.+ - VpSA\n Washin9t;ASW z � S��LL SNJ 1s1 C, =—_171 Ave SE ,_ •__ I Sti !N' Ave SE 2n - 2n Ave SW � _ MAU% Ottef Feyyis Ave 9N AveGW c,� _ (Maid - qan eSW E t 4th P 1_ .-in _ Jlw- . l, Roberts Rtl ' Ava Juul Rd _ � Madsen Ave SW RartroaU St Milwaukee A e SW I �'Q ry in ]ih � ,Fair S161ey Mc Donal Dr Goebel yy ''Ave i �i� SWC Oaklane � { Neal Ave o - m S Gratle Rtl-- w;,, o �.t Irl Noble Rd i_.___., J_._—_._—_. � o s� f I I - Freemont AveI i Century Ave SW CenturyAve y�e I r F I J s22 •• .!h i aarIMA Y al, l I L --- —--- —: Denver Ave SW ^\ I- Edmonton I -'---"SW I • l I ... I York Rtl Airport Ra' 1: 170th St F,II I I- I V'a Ia I I Legend 150th St 3 Owner, Monitoring Type O MPCA, LAKE MPCA, STREAM Allen F.tote: Monitoring sites shown have been used to collect data some point. Not all sites shown are active monitoring sites. lsom s7 1 inch = 2,500 feet FIGURE 9: Water Quality Monitoring Stations rf-,f S ... de MPCA,2014 April 2015 N Tller Dr w 1 215th & , 210th St $ chinson J 209th, HutdD 3 ❑ 205th Dr I �- �� 20s,d 51 2050h St y`�y `•R\ '- 12th Ave��-----Nortli 1-_ 200th St ( .; 11iM1AveTNE .y I _ 9iM1 Ave 1 v _ _- •� .•'.. ' p"Cp ❑ 'I'h = NW (z7 V ac• gam+ m nNWve E Cy v�y _ U� 24 y • N7 0 0' �y•� i �ate.Hwv.7.—: ---—I M�._i-(sr�eNw � _ O[[er (North Bolting "ash AvaNW� -dM'�Y•7o -• Ann/Campbells) Oaks - Prk-Ave NE y 1 1st Ave ist Ave,NW ', HiIItoP Vpap\n Washington AveW - S. 9� 1s1 Ave �.1 FtHve SE r ° SW = `r 2n Ave SW N 2nd Ave SE- _ ] iyJ Lewis Ave 3b AveGW c ►- y d V — I `-' qan 4th P eSW m E o W -=1. •`�— Arch St - -- m .ihwnas _ - th Ave SE.; _ Robert "'�° Ava Juul Rd - _ s Rtl a � Madsen Ave SW _ `m �_ Ra�troatl Sf �'Q S161ey Mc Donal Dr Goebel yy Milwaukee A e SW in ]ih � Fair _�' � �a v�i� SW m Oakland PS Sti N � ro -'---' ' SGiatle Rtl - o yr Noble Rd I I - - N a V "•• ® .I� rCentuiY Ave SW Q Century Ave y •• .!h VrtJ' ) L --- __.__: Denver Avev SW Q/� — C' ❑ 0'� / .F SW I I z York Rtl I,__ _. _\ I2.__._I Airport Rtl,_._ O.___.__\ I`.r. 170th St I _ \ O -51 I I _ Legend r _ I Air Permit `\ I ❑ CSW Site Subdivision ❑ Contaminated Soil Treatment Facility ❑ Feedlot 160th St ❑ Hazardous Waste ❑ Industrial Stormwater Permit " ❑ Landfill, Open 9 Leak Site ❑ Multiple Activities Allen O Petroleum Brownfield ❑ Solid Waste, Permit By Rule ❑ Tank Site ❑ Voluntary Investigation & Cleanup (VIC) ❑ Wastewater Discharger 'm 0.1 FIGURE 1A Pollutant Sources Map 1 inch = 2,500 feet Source. MPCA-"What's in My Neighborhood?"(2014) itprlt 2015 ^I Tiller Dr Fernold 3 om st 8 C6 ' h 29 'St _ St o_ dD NJ 205th Dr r A��Y ld3, St 2050h St Jlxx - eAve MNT♦\ b —_ 1 I I Q a� Pte' ♦� 1 -.. .711 �'---'--Nortli J 200th St £ '12th Ave�� R15 Dr 11thAv NE r� � 9iM1rAve _� ur :, • BIM1 �C° rs - Y ? Jam. - ' � Ave PRa m o t � ro ��• -_ ti n aNW MN% �srd Ave Nw _ 1 sta[e.Hwy.].__._—_. _I • _Offer . North xdllne 4thp Palk -Ave NE 1 Ann/Campbells) D�aa ma Pa •I �� rb eindy, �a h I 1 - isl Ave NW` 1,d AEve, _ '•HIII Dr �_,___I 1 9� eSE 1R_Ave istA _ 1 06 2n Ave SW SW N 2n Ave SE _ � I �� OIIer �evyis Ave 9N AveSW � � � ' w Basin) Aan 4th P eSW _ E o I _ th Ave SE A,h;St=.=-==,1 m ihwnas � R v h Ave Juul Rd � - - _-__ l♦'� _I i °harts Rtl � ¢' � \ Ra'troaU Madsen Ave SW _ St Q S161ey Mc Donal Dr Goebel yy Milwaukee A e SW in ]ih � ,Fair 1 ry ti � 3 Ave N_ ''Ave i i m SN! - - - 1 - •_ - '$ r: Uaklane � Sti \ Y.4 ro •SG- Rtl-� lug• o Noble Rd I I Freemont Ave f 1\ I oa --Century 1 Century Ave SW � r � ♦•'SNe ' i Uldlard Ave^ �,..L3 9 L --- __.__: Denver Ave ^#�T�.-•� �,•— \ SW Edmonton _ ^\ Ave I —Rd I,_-- Airy°d Rd 170tM1 St Li lMh St 3 N Legend L" Ponds Allen National Wetland Inventory Lakes - 'p, lsom s7 1 inch equals 2,500 feet �\ FIGURE 11: Stormwater BMP Map s°nr.aCity °exmmhms°o(zois) April 2015 N APPENDIX B MS4 SWPPP Application for Reauthorization Local SurfaceWater Management Plan Appendix B City of Hutchinson WSB Project No. 2702-00 V00. Minnesota Pollution MS4 SWPPP Application Control Agency 520LafayetteRoadNorth for Reauthorization St. Paul, MN 55155-4194 for the NPDES/SDS General Small Municipal Separate Storm Sewer System (MS4) Permit MNR040000 reissued with an effective date of August 1, 2013 Stormwater Pollution Prevention Program (SWPPP) Document Doc Type: Permit Application Instructions: This application is for authorization to discharge stormwater associated with Municipal Separate Storm Sewer Systems (MS4s) under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Permit Program. No fee is required with the submittal of this application. Please refer to "Example" for detailed instructions found on the Minnesota Pollution Control Agency (MPCA) MS4 website at http://www.pca.state.mn.us/ms4. Submittal: This MS4 SWPPP Application for Reauthorization form must be submitted electronically via e-mail to the MPCA at ms4permitprogram.pca(cstate.mn.us from the person that is duly authorized to certify this form. All questions with an asterisk (*) are required fields. All applications will be returned if required fields are not completed. Questions: Contact Claudia Hochstein at 651-757-2881 or claudia.hochstein(cstate.mn.us, Dan Miller at 651-757-2246 or daniel.miller(�state.mn.us, or call toll-free at 800-657-3864. General Contact Information (*Required fields) MS4 Owner (with ownership or operational responsibility, or control of the MS4) *MS4 permittee name: City of Hutchinson *County: McLeod (city, county, municipality, government agency or other entity) *Mailing address: 111 Hassan St SE *City: Hutchinson *State: MN *Zip code: 55350 *Phone (including area code): 320.234.4212 *E-mail: kexner@ci.hutchinson.mn.us MS4 General contact (with Stormwater Pollution Prevention Program [SWPPP] implementation responsibility) *Last name: Paulson *First name: John (department head, MS4 coordinator, consultant, etc.) *Title: Environmental Specialist *Mailing address: 111 Hassan St SE *City: Hutchinson *State: MN *Zip code: 55350 *Phone (including area code): 320.234.5682 *E-mail: jpaulson@ci.hutchinson.mn.us Preparer information (complete if SWPPP application is prepared by a party other than MS4 General contact) Last name: First name: (department head, MS4 coordinator, consultant, etc.) Title: Mailing address: City: State: Zip code: Phone (including area code): E-mail: Verification 1. I seek to continue discharging stormwater associated with a small MS4 after the effective date of this Permit, and shall submit this MS4 SWPPP Application for Reauthorization form, in accordance with the schedule in Appendix A, Table 1, with the SWPPP document completed in accordance with the Permit (Part II.D.). ® Yes 2. I have read and understand the NPDES/SDS MS4 General Permit and certify that we intend to comply with all requirements of the Permit. ® Yes www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 1 of 14 Certification (All fields are required) ® Yes - l certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. l certify that based on my inquiry of the person, or persons, who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. l am aware that there are significant penalties for submitting false information, including the possibility of civil and criminal penalties. This certification is required by Minn. Stat. §§ 7001.0070 and 7001.0540. The authorized person with overall, MS4 legal responsibility must certify the application (principal executive officer or a ranking elected official). By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing my application. Name: Kent Exner (This document has been electronically signed) Title: Director of Public Works Mailing address: 111 Hassan St SE City: Hutchinson Phone (including area code) Date (mm/dd/yyyy): 11/26/13 State: MN 320.234.4212 E-mail: kexner Note: The application will not be processed without certification. Zip code: hutchinson.mn.uE 55350 www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 2 of 14 Stormwater Pollution Prevention Program Document I. Partnerships: (Part II.D.1) A. List the regulated small MS4(s) with which you have established a partnership in order to satisfy one or more requirements of this Permit. Indicate which Minimum Control Measure (MCM) requirements or other program components that each partnership helps to accomplish (List all that apply). Check the box below if you currently have no established partnerships with other regulated MS4s. If you have more than five partnerships, hit the tab key after the last line to generate a new row. ® No partnerships with regulated small MS4s Name and description of partnershi NA MCM/Other permit requirements involved NA B. If you have additional information that you would like to communicate about your partnerships with other regulated small MS4(s), provide it in the space below, or include an attachment to the SWPPP Document, with the following file naming convention: MS4NameHere Partnerships. The City does not rely on other entities or MS4s to meet our permit requirements. The City does work in partnership with local watershed organizations, the Minnesota Cities Stormwater Coalition, and citizen groups to amplify the quality of the message that is being conveyed. II. Description of Regulatory Mechanisms: (Part II.D.2) Illicit discharges A. Do you have a regulatory mechanism(s) that effectively prohibits non-stormwater discharges into your small MS4, except those non-stormwater discharges authorized under the Permit (Part III.D.3.b.)? ® Yes ❑ No 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): ® Ordinance ❑ Contract language ❑ Policy/Standards ❑ Permits ❑ Rules ❑ Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Hutchinson Municipal Code of Ordinances Chapter 54 Stormwater Management Direct link: http://www.amlegal.com/hutchinson mn/ ❑ Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere IDDEreg. 2. If no: Describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: Updates will be made to the Ordinance within the next 12 months to comply with the changing permit requirements. Construction site stormwater runoff control A. Do you have a regulatory mechanism(s) that establishes requirements for erosion and sediment controls and waste controls? ® Yes ❑ No 1. If yes: www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 3 of 14 a. Check which type of regulatory mechanism(s) your organization has (check all that apply): ® Ordinance ❑ Contract language ❑ Policy/Standards ❑ Permits ❑ Rules ❑ Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Hutchinson Municipal Code of Ordinances Chapter 54 Stormwater Management Direct link: http://www.amlegal.com/hutchinson mn/ ❑ Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere CSWreg. B. Is your regulatory mechanism at least as stringent as the MPCA general permit to Discharge Stormwater Associated with Construction Activity (as of the effective date of the MS4 Permit)? ❑Yes ® No If you answered yes to the above question, proceed to C. If you answered no to either of the above permit requirements listed in A. or B., describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: City staff will review and amend, as necessary, our current ordinance to comply with the most current MPCA stormwater requirements within 12 months of permit issuance. C. Answer yes or no to indicate whether your regulatory mechanism(s) requires owners and operators of construction activity to develop site plans that incorporate the following erosion and sediment controls and waste controls as described in the Permit (Part III.D.4.a.(1)-(8)), and as listed below: 1. Best Management Practices (BMPs) to minimize erosion. ® Yes ❑ No 2. BMPs to minimize the discharge of sediment and other pollutants. ® Yes ❑ No 3. BMPs for dewatering activities. ® Yes ❑ No 4. Site inspections and records of rainfall events ® Yes ❑ No 5. BMP maintenance ® Yes ❑ No 6. Management of solid and hazardous wastes on each project site. ® Yes ❑ No 7. Final stabilization upon the completion of construction activity, including the use of perennial ® Yes ❑ No vegetative cover on all exposed soils or other equivalent means. 8. Criteria for the use of temporary sediment basins. ® Yes ❑ No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: Post -construction stormwater management A. Do you have a regulatory mechanism(s) to address post -construction stormwater management activities? ® Yes ❑ No 1. If yes: a. Check which type of regulatory mechanism(s) your organization has (check all that apply): ® Ordinance ❑ Contract language ® Policy/Standards ❑ Permits ❑ Rules ❑ Other, explain: b. Provide either a direct link to the mechanism selected above or attach it as an electronic document to this form; or if your regulatory mechanism is either an Ordinance or a Rule, you may provide a citation: Citation: Hutchinson Municipal Code of Ordinances Chapter 54 Stormwater Management www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 4 of 14 Direct link: http://www.amlegal.com/hutchinson mn/ ❑ Check here if attaching an electronic copy of your regulatory mechanism, with the following file naming convention: MS4NameHere PostCSWreg. B. Answer yes or no below to indicate whether you have a regulatory mechanism(s) in place that meets the following requirements as described in the Permit (Part III.D.5.a.): 1. Site plan review: Requirements that owners and/or operators of construction activity submit ® Yes ❑ No site plans with post -construction stormwater management BMPs to the permittee for review and approval, prior to start of construction activity. 2. Conditions for post construction stormwater management: Requires the use of any combination of BMPs, with highest preference given to Green Infrastructure techniques and practices (e.g., infiltration, evapotranspiration, reuse/harvesting, conservation design, urban forestry, green roofs, etc.), necessary to meet the following conditions on the site of a construction activity to the Maximum Extent Practicable (MEP): a. For new development projects — no net increase from pre -project conditions (on an annual ® Yes ❑ No average basis) of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit (Part III.D.5.a(3)(a)). 2) Stormwater discharges of Total Suspended Solids (TSS). 3) Stormwater discharges of Total Phosphorus (TP). b. For redevelopment projects — a net reduction from pre -project conditions (on an annual ❑ Yes ® No average basis) of: 1) Stormwater discharge volume, unless precluded by the stormwater management limitations in the Permit (Part III.D.5.a(3)(a)). 2) Stormwater discharges of TSS. 3) Stormwater discharges of TP. 3. Stormwater management limitations and exceptions: a. Limitations 1) Prohibit the use of infiltration techniques to achieve the conditions for post -construction ❑ Yes ® No stormwater management in the Permit (Part III.D.5.a(2)) when the infiltration structural stormwater BMP will receive discharges from, or be constructed in areas: a) Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA. b) Where vehicle fueling and maintenance occur. c) With less than three (3) feet of separation distance from the bottom of the infiltration system to the elevation of the seasonally saturated soils or the top of bedrock. d) Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating stormwater. 2) Restrict the use of infiltration techniques to achieve the conditions for post -construction ❑ Yes ® No stormwater management in the Permit (Part III.D.5.a(2)), without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltration device will be constructed in areas: a) With predominately Hydrologic Soil Group D (clay) soils. b) Within 1,000 feet up -gradient, or 100 feet down -gradient of active karst features. c) Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13. d) Where soil infiltration rates are more than 8.3 inches per hour. 3) For linear projects where the lack of right-of-way precludes the installation of volume ❑ Yes ® No control practices that meet the conditions for post -construction stormwater management in the Permit (Part III.D.5.a(2)), the permittee's regulatory mechanism(s) may allow exceptions as described in the Permit (Part III.D.5.a(3)(b)). The permittee's regulatory mechanism(s) shall ensure that a reasonable attempt be made to obtain right-of-way during the project planning process. 4. Mitigation provisions: The permittee's regulatory mechanism(s) shall ensure that any stormwater discharges of TSS and/or TP not addressed on the site of the original construction activity are addressed through mitigation and, at a minimum, shall ensure the following requirements are met: a. Mitigation project areas are selected in the following order of preference: ❑ Yes ® No www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 5 of 14 1) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. 2) Locations within the same Minnesota Department of Natural Resource (DNR) catchment area as the original construction activity. 3) Locations in the next adjacent DNR catchment area up -stream 4) Locations anywhere within the permittee's jurisdiction. b. Mitigation projects must involve the creation of new structural stormwater BMPs or the ❑ Yes ® No retrofit of existing structural stormwater BMPs, or the use of a properly designed regional structural stormwater BMP. c. Routine maintenance of structural stormwater BMPs already required by this permit cannot ❑ Yes ® No be used to meet mitigation requirements of this part. d. Mitigation projects shall be completed within 24 months after the start of the original ❑ Yes ® No construction activity. e. The permittee shall determine, and document, who will be responsible for long-term ❑ Yes ® No maintenance on all mitigation projects of this part. f. If the permittee receives payment from the owner and/or operator of a construction activity ❑ Yes ® No for mitigation purposes in lieu of the owner or operator of that construction activity meeting the conditions for post -construction stormwater management in Part III.D.5.a(2), the permittee shall apply any such payment received to a public stormwater project, and all projects must be in compliance with Part III.D.5.a(4)(a)-(e). 5. Long-term maintenance of structural stormwater BMPs: The permittee's regulatory mechanism(s) shall provide for the establishment of legal mechanisms between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee, that have been implemented to meet the conditions for post -construction stormwater management in the Permit (Part III.D.5.a(2)). This only includes structural stormwater BMPs constructed after the effective date of this permit and that are directly connected to the permittee's MS4, and that are in the permittee's jurisdiction. The legal mechanism shall include provisions that, at a minimum: a. Allow the permittee to conduct inspections of structural stormwater BMPs not owned or ® Yes ❑ No operated by the permittee, perform necessary maintenance, and assess costs for those structural stormwater BMPs when the permittee determines that the owner and/or operator of that structural stormwater BMP has not conducted maintenance. b. Include conditions that are designed to preserve the permittee's right to ensure maintenance ® Yes ❑ No responsibility, for structural stormwater BMPs not owned or operated by the permittee, when those responsibilities are legally transferred to another party. c. Include conditions that are designed to protect/preserve structural stormwater BMPs and ® Yes ❑ No site features that are implemented to comply with the Permit (Part III.D.5.a(2)). If site configurations or structural stormwater BMPs change, causing decreased structural stormwater BMP effectiveness, new or improved structural stormwater BMPs must be implemented to ensure the conditions for post -construction stormwater management in the Permit (Part III.D.5.a(2)) continue to be met. If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within twelve (12) months of the date permit coverage is extended, these permit requirements are met: Post construction requirements are enforced by reference to the most restictive of all applicable state and local regulations. The City will also be amending it's Stormwater Management Plan within the next 12 months to more clearly identify system maintenance needs and regional implementation strategies. Ordinance updates will also be made within the next 12 months to directly reference the requirements of both the CSW and MS4 permit requirements for Post Construction. III. Enforcement Response Procedures (ERPs): (Part II.D.3) A. Do you have existing ERPs that satisfy the requirements of the Permit (Part III.B.)? ❑ Yes ® No 1. If yes, attach them to this form as an electronic document, with the following file naming convention: MS4NameHere ERPs. 2. If no, describe the tasks and corresponding schedules that will be taken to assure that, with twelve (12) months of the date permit coverage is extended, these permit requirements are met: The City of Hutchinson will develop a ERP within 12 months of permit issuance. The ERP to be developed will include the process to enforce code violations associated with IDDEs, construction site runoff, and post construction stormwater management. www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 6 of 14 B. Describe your ERPs: The ERPs will include current process and actions for any non-compliance issues. It will include the steps to be taken, who will be responsible for that enforcement action, and associated mitigative measures such as stop work orders and criminal penalties. IV. Storm Sewer System Map and Inventory: (Part II.D.4.) A. Describe how you manage your storm sewer system map and inventory: An annual review of the system map is completed so new BMPs can be added and modifications to existing BMPs can be updated in the map and inventory. Map updates are managed with a GIS system and include all known aspects of the City stormwater system and as modifications/additions to the system are made the map system is updated. B. Answer yes or no to indicate whether your storm sewer system map addresses the following requirements from the Permit (Part III.C.1.a-d), as listed below: 1. The permittee's entire small MS4 as a goal, but at a minimum, all pipes 12 inches or greater in ® Yes ❑ No diameter, including stormwater flow direction in those pipes. 2. Outfalls, including a unique identification (ID) number assigned by the permittee, and an ® Yes ❑ No associated geographic coordinate. 3. Structural stormwater BMPs that are part of the permittee's small MS4. ® Yes ❑ No 4. All receiving waters. ® Yes ❑ No If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: C. Answer yes or no to indicate whether you have completed the requirements of 2009 Minnesota Session Law, Ch. 172. Sec. 28: with the following inventories, according to the specifications of the Permit (Part III.C.2.a.-b.), including: 1. All ponds within the permittee's jurisdiction that are constructed and operated for purposes of ® Yes ❑ No water quality treatment, stormwater detention, and flood control, and that are used for the collection of stormwater via constructed conveyances. 2. All wetlands and lakes, within the permittee's jurisdiction, that collect stormwater via constructed ® Yes ❑ No conveyances. D. Answer yes or no to indicate whether you have completed the following information for each feature inventoried. 1. A unique identification (ID) number assigned by the permittee. ® Yes ❑ No 2. A geographic coordinate. ® Yes ❑ No 3. Type of feature (e.g., pond, wetland, or lake). This may be determined by using best professional ® Yes ❑ No judgment. If you have answered yes to all above requirements, and you have already submitted the Pond Inventory Form to the MPCA, then you do not need to resubmit the inventory form below. If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: E. Answer yes or no to indicate if you are attaching your pond, wetland and lake inventory to the MPCA ❑ Yes ® No on the form provided on the MPCA website at: http://www.pca.state.mn.us/ms4 , according to the specifications of Permit (Part III.C.2.b.(1)-(3)). Attach with the following file naming convention: MS4NameHere inventory. If you answered no, the inventory form must be submitted to the MPCA MS4 Permit Program within 12 months of the date permit coverage is extended. V. Minimum Control Measures (MCMs) (Part II.D.S) A. MCM1: Public education and outreach 1. The Permit requires that, within 12 months of the date permit coverage is extended, existing permittees revise their education and outreach program that focuses on illicit discharge recognition and reporting, as well as other specifically selected stormwater-related issue(s) of high priority to the permittee during this permit term. Describe your current www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 7 of 14 educational program, including any high-priority topics included: The City of Hutchinson educates on a wide variety of stormwater pollution topics and the information is distributed via our monthly utility billings to each home and business throughout town. The City also utilizes our local newspaper to highlight topics of concern or interest. The Hutchinson Leader is very helpful in highlighting points of concern and conveys an appropriate message that the general public can relate to. The City utilizes its Park and Rec Brochure every year to distibute information on local stormwater concerns and to also highlight our annual rain barrel sale. Other outlets used to distribute educational information is our Stormwater Website as well as Hutchinson's Local Public Access Channels 7&10 are used to for distributing PSAs every year. 2. List the categories of BMPs that address your public education and outreach program, including the distribution of educational materials and a program implementation plan. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the U.S. Environmental Protection Agency's (EPA) Measurable Goals Guidance for Phase Il Small MS4s (hftp://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Distribute Educational Materials Number of people reached and hits to website/Annual Implement and Education Program Number of brochures distributed to various entities/Annual) Public Education and Outreach Number of brochures distributed at City facilities/Annual) Public Participation -storm drain marking/annual meeting Number of public meetings and events/Annual) IDDE Education Posting information on web and PRCE brochure/Annual) Construction Site Run-off Control Education Number of handouts to builders/excavators / Annual) Post Construction SW Management Education Number of guidance documents to developers/Annually PP/Good Housekeeping Education Number of staff trained/Annual) Coordination of Education Program Check and update City website links to information/Annual) Annual Public Meeting Information distributed and number of attendees/Annual) Stormwater Utility Fund Assess annually to determine need for rate increases BMP cateaories to be implemented Measurable goals and timeframes Targeted distribution of education materials for issues of concern such as grease dumpsters and mowing Number of businesses reached/New topic annually to focus clippings into streets efforts on new issues of concern as they arise. Host rain barrel sale or workshop I Number of barrels sold or constructed at a workshop/annuallv 3. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Environmental Specialist B. MCM2: Public participation and involvement 1. The Permit (Part III.D.2.a.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement a public participation/involvement program to solicit public input on the SWPPP. Describe your current program: The City host an annual Stormwater Pollution Prevention plan meeting at a City Council meeting each spring. It is an opportunity for both the Council and interested citizens to learn about the program, implementation activities, and is used to respond to questions. This meeting is meant to engage the public and bring awareness to stormwater issues both in our City and abroad. It is the primary, but not the only, opportunity for receiving public input/feedback. In addition to the annual meeting (which is televised on the local television station) City staff is actively engaged with the public for a wide variety of issues surrounding stormwater. 2. List the categories of BMPs that address your public participation/involvement program, including solicitation and documentation of public input on the SWPPP. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 8 of 14 addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase II Small MS4s (http://www.epa.gov/npdes/pubs/measurablegoals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Public Notice annual meeting Prepare and publish public meeting notice/annual) Solicit Public Opinion on adequacy of SWPPP Receive written or oral comments/annually Consider Public In BMP cateaories to be implemented Host a stormwater education booth at local fair or event Analyze comments and incorporate necessary changes/ongoin Measurable goals and timeframes Number of people reached/ann 3. Do you have a process for receiving and documenting citizen input? ® Yes ❑ No If you answered no to the above permit requirement, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: 4. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Environmental Specialist C. MCM 3: Illicit discharge detection and elimination 1. The Permit (Part III.D.3.) requires that, within 12 months of the date permit coverage is extended, existing permittees revise their current program as necessary, and continue to implement and enforce a program to detect and eliminate illicit discharges into the small MS4. Describe your current program: The City implements IDDE program elements by utilizing a variety of tools. A call line is posted on the website and is available in all public education brochures is continously monitored. Incident tracking and response to issues is ongoing as problems are identified. An education program is used for both City staff and the general public to emphasize what illicit discharges are and how to report them. This is done through the use of brochures, posters, in person trainings, and site visits that are done when an illicit discharge is identified. A robust GIS map is also used to identify areas of concern, track routes of flow through the pipes, and to keep City staff on the frontline of identifying and preventing illicit discharges. This system is used for inspection location and identification of sources when an issue is identified. 2. Does your Illicit Discharge Detection and Elimination Program meet the following requirements, as found in the Permit (Part III.D.3.c.-g.)? a. Incorporation of illicit discharge detection into all inspection and maintenance activities conducted ® Yes ❑ No under the Permit (Part III.D.6.e.-f.)Where feasible, illicit discharge inspections shall be conducted during dry -weather conditions (e.g., periods of 72 or more hours of no precipitation). b. Detecting and tracking the source of illicit discharges using visual inspections. The permittee may ® Yes ❑ No also include use of mobile cameras, collecting and analyzing water samples, and/or other detailed procedures that may be effective investigative tools. c. Training of all field staff, in accordance with the requirements of the Permit (Part III.D.6.g.(2)), in ® Yes ❑ No illicit discharge recognition (including conditions which could cause illicit discharges), and reporting illicit discharges for further investigation. d. Identification of priority areas likely to have illicit discharges, including at a minimum, evaluating ® Yes ❑ No land use associated with business/industrial activities, areas where illicit discharges have been identified in the past, and areas with storage of large quantities of significant materials that could result in an illicit discharge. e. Procedures for the timely response to known, suspected, and reported illicit discharges. ® Yes ❑ No f. Procedures for investigating, locating, and eliminating the source of illicit discharges. ® Yes ❑ No g. Procedures for responding to spills, including emergency response procedures to prevent spills from ® Yes ❑ No entering the small MS4. The procedures shall also include the immediate notification of the Minnesota Department of Public Safety Duty Officer, if the source of the illicit discharge is a spill or leak as defined in Minn. Stat. § 115.061. h. When the source of the illicit discharge is found, the permittee shall use the ERPs required by the ® Yes ❑ No Permit (Part III.B.) to eliminate the illicit discharge and require any needed corrective action(s). www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 9 of 14 If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: 3. List the categories of BMPs that address your illicit discharge, detection and elimination program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase Il Small MS4s (hftp://www.epa.ciov/npdes/pubs/measurablecioals. pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Review and update sstem map Updates made to ma /annual) Review and update ordinance U dates made to ordinance/annual) IDDE plan implementation Complaints taken, responses to complaints, # of outfalls inspected/an uall Public and Employee IDDE education Number of brochures, posters, and training content/annual) Non-stormwater flows evaluation Assess list annual) BMP cateaories to be implemented Measurable goals and timeframes Implement higher level of detail into system map to comply with inventory requirements Information updated/annually 4. Do you have procedures for record-keeping within your Illicit Discharge Detection and Elimination (IDDE) program as specified within the Permit (Part III.D.3.h.)? ❑ Yes ® No If you answered no, indicate how you will develop procedures for record-keeping of your Illicit Discharge, Detection and Elimination Program, within 12 months of the date permit coverage is extended: Record keeping and tracking procedures of the IDDE program will be formalized to align with the current process that is being implemented in Hutchinson. This will be done through the formal development of a standard operating procedure. 5. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Environmental Specialist D. MCM 4: Construction site stormwater runoff control 1. The Permit (Part III.D.4) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a construction site stormwater runoff control program. Describe your current program: The City implements it's CSW permit program parallel to the MPCA CSW program. Plan reviews, post construction treatment reviews, contractor education, ordinance enforcement, site inspections, and on site education are all part of program activities implemented to reduce%liminate risks associated with contaminated stormwater runoff from construction sites. Common issues receive additional focus with educational outreach. New industry products are also highlighted to contractors when they appear to be a good substitute to a traditional BMP. 2. Does your program address the following BMPs for construction stormwater erosion and sediment control as required in the Permit (Part III.D.4.b.): a. Have you established written procedures for site plan reviews that you conduct prior to the start of ® Yes ❑ No construction activity? b. Does the site plan review procedure include notification to owners and operators proposing ® Yes ❑ No construction activity that they need to apply for and obtain coverage under the MPCA's general permit to Discharge Stormwater Associated with Construction Activity No. MN R100001? c. Does your program include written procedures for receipt and consideration of reports of ® Yes ❑ No noncompliance or other stormwater related information on construction activity submitted by the public to the permittee? d. Have you included written procedures for the following aspects of site inspections to determine compliance with your regulatory mechanism(s): 1) Does your program include procedures for identifying priority sites for inspection? ® Yes ❑ No www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 10 of 14 2) Does your program identify a frequency at which you will conduct construction site inspections? 3) Does your program identify the names of individual(s) or position titles of those responsible for conducting construction site inspections? 4) Does your program include a checklist or other written means to document construction site inspections when determining compliance? e. Does your program document and retain construction project name, location, total acreage to be disturbed, and owner/operator information? f. Does your program document stormwater-related comments and/or supporting information used to determine project approval or denial? ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No g. Does your program retain construction site inspection checklists or other written materials used to ® Yes ❑ No document site inspections? If you answered no to any of the above permit requirements, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. 3. List the categories of BMPs that address your construction site stormwater runoff control program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase 11 Small MS4s (http://www.epa.aov/npdes/pubs/measurablecioals.Of). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Ordinance Development Ordinance developed/permit cycle Construction site implementation of BMPs Sites inspected/annually Construction site waste control Sites ins ected/annual) Site plan review Plans reviewed/annual) Procedures for receiving complaints Complaints received and responses to them/annual) BMP categories to be implemented Measurable goals and timeframes Revise ordinance to comply with new standards Updates made/annual) Conduct training for interested entities Trainin s conducted and content/annual) Distribute education materials to contractors at time of permit application Number ofpermits/annually Review active MPCA CSW permit list for discrepancies with City permitted activities #Sites that obtained appropriate coverage/annually 4. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Environmental Specialist E. MCM 5: Post -construction stormwater management 1. The Permit (Part III.D.5.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement and enforce a post -construction stormwater management program. Describe your current program: The City includes post -construction requirements into it's plan review procedures. BMPs are implemented in accordance with CSW and MS4 requirements to meet both treatment requirements and to address local and regional flooding issues as opportunities present themselves. A wide range of BMPs are considered and in place throughout Hutchinson and a stormwater maintenance agreement is required for detention that is required as part of a regulatory requirement. 2. Have you established written procedures for site plan reviews that you will conduct prior to the start of ® Yes ❑ No construction activity? 3. Answer yes or no to indicate whether you have the following listed procedures for documentation of post -construction stormwater management according to the specifications of Permit (Part III.D.5.c.): a. Any supporting documentation that you use to determine compliance with the Permit (Part ® Yes ❑ No III.D.5.a), including the project name, location, owner and operator of the construction activity, any www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 11 of 14 checklists used for conducting site plan reviews, and any calculations used to determine compliance? b. All supporting documentation associated with mitigation projects that you authorize? ® Yes ❑ No c. Payments received and used in accordance with Permit (Part III.D.5.a.(4)(f))? ® Yes ❑ No d. All legal mechanisms drafted in accordance with the Permit (Part III.D.5.a.(5)), including date(s) of ® Yes ❑ No the agreement(s) and names of all responsible parties involved? If you answered no to any of the above permit requirements, describe the steps that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met. 4. List the categories of BMPs that address your post -construction stormwater management program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. Refer to the EPA's Measurable Goals Guidance for Phase Il Small MS4s (http://www.epa.aov/npdes/pubs/measurablecioals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Develop and implement structural and non-structural BMPs Number of BMPs installed/annually Ordinance to address post construction runoff I Review and updates of ordinance/annually Long term O&M of BMPs I Number of agreements implemented/annually BMP cateaories to be implemented Measurable goals and timeframes Incorporate sensitivity to Wellhead Protection activities into ordinance Updated ordinance/12 months Update City stormwater management plan and incorporate references to requirements of CSW and MS4 Updated SWMP/12 months Accept MIDS calculator outputs during post construction reviews Number of plan reviews that used MIDS calculator/annually 5. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Environmental Specialist, City Engineer F. MCM 6: Pollution prevention/good housekeeping for municipal operations 1. The Permit (Part III.D.6.) requires that, within 12 months of the date permit coverage is extended, existing permittees shall revise their current program, as necessary, and continue to implement an operations and maintenance program that prevents or reduces the discharge of pollutants from the permittee owned/operated facilities and operations to the small MS4. Describe your current program: The City implements its pollution prevention/good housekeeping program through staff training, inspections of stormwater system components, and evaluations to determine the need for increased activities in any area that is in need. Inspections of ponds, system outfalls, biofiltration practices, structural system components, and general facility operations are conducted by trained and knowledgeable staff. Street sweeping is a front line of defense that is used to remove volumes of potential pollutants from the streets. 2. Do you have a facilities inventory as outlined in the Permit (Part III.D.6.a.)? ® Yes ❑ No 3. If you answered no to the above permit requirement in question 2, describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, this permit requirement is met: 4. List the categories of BMPs that address your pollution prevention/good housekeeping for municipal operations program. Use the first table for categories of BMPs that you have established and the second table for categories of BMPs that you plan to implement over the course of the permit term. Include the measurable goals with appropriate timeframes that each BMP category will be implemented and completed. In www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 12 of 14 addition, provide interim milestones and the frequency of action in which the permittee will implement and/or maintain the BMPs. For an explanation of measurable goals, refer to the EPA's Measurable Goals Guidance for Phase 11 Small MS4s (http://www.epa.aov/npdes/pubs/measurablecioals.pdf). If you have more than five categories, hit the tab key after the last line to generate a new row. Established BMP categories Measurable goals and timeframes Municipal operations and maintenance Annual staff trainin /#attendees Street sweeping Routes and frequencies/annually Annual inspection of structural devices Number ins ected/annual) Pond, outfall inspections Number inspected/ annual) Inspection of exposed stockpiles Number inspected/annually Repair and Maintenance follow up of inspections Maintenance activities conducted/annual) Record retention of inspections U dates made to tracking system/annually BMP categories to be implemented Measurable goals and timeframes Incorporate inspections from Industrial Stormwater permitted sites into MS4 program records Inspections conducted/Annually Post information associated with P2 and GH at City facilities that conduct potential pollution causing activities Number ofposters/annually Prioritize inspection frequencies for areas of high concern Priority listing and number of inspections/annually 5. Does discharge from your MS4 affect a Source Water Protection Area (Permit Part III.D.6.c.)? ® Yes ❑ No a. If no, continue to 6. b. If yes, the Minnesota Department of Health (MDH) is in the process of mapping the following items. Maps are available at http://www.health.state.mn.us/divs/eh/water/swp/maps/index.htm. Is a map including the following items available for your MS4: 1) Wells and source waters for drinking water supply management areas identified as ® Yes ❑ No vulnerable under Minn. R. 4720.5205, 4720.5210, and 4720.5330? 2) Source water protection areas for surface intakes identified in the source water ® Yes ❑ No assessments conducted by or for the Minnesota Department of Health under the federal Safe Drinking Water Act, U.S.C. §§ 300j — 13? c. Have you developed and implemented BMPs to protect any of the above drinking water ® Yes ❑ No sources? 6. Have you developed procedures and a schedule for the purpose of determining the TSS and ® Yes ❑ No TP treatment effectiveness of all permittee owned/operated ponds constructed and used for the collection and treatment of stormwater, according to the Permit (Part III.D.6.d.)? 7. Do you have inspection procedures that meet the requirements of the Permit (Part III.D.6.e.(1)- ❑ Yes ® No (3)) for structural stormwater BMPs, ponds and outfalls, and stockpile, storage and material handling areas? 8. Have you developed and implemented a stormwater management training program commensurate with each employee's job duties that: a. Addresses the importance of protecting water quality? ® Yes ❑ No b. Covers the requirements of the permit relevant to the duties of the employee? ® Yes ❑ No c. Includes a schedule that establishes initial training for new and/or seasonal employees and ® Yes ❑ No recurring training intervals for existing employees to address changes in procedures, practices, techniques, or requirements? 9. Do you keep documentation of inspections, maintenance, and training as required by the Permit ® Yes ❑ No (Part III.D.6.h.(1)-(5))? If you answered no to any of the above permit requirements listed in Questions 5 — 9, then describe the tasks and corresponding schedules that will be taken to assure that, within 12 months of the date permit coverage is extended, these permit requirements are met: www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 13 of 14 An inspection and reporting standard operating procedure will be developed within 12 months to comply with new permit requirements. 10. Provide the name or the position title of the individual(s) who is responsible for implementing and/or coordinating this MCM: Environmental Specialist, Public Works Manager VI. Compliance Schedule for an Approved Total Maximum Daily Load (TMDL) with an Applicable Waste Load Allocation (WLA) (Part II.D.6.) A. Do you have an approved TMDL with a Waste Load Allocation (WLA) prior to the effective date of the Permit? 1. If no, continue to section VII. 2. If yes, fill out and attach the MS4 Permit TMDL Attachment Spreadsheet with the following naming convention: MS4NameHere TMDL. This form is found on the MPCA MS4 website: http://www.pca.state.mn.us/ms4. VII. Alum or Ferric Chloride Phosphorus Treatment Systems (Part II.D.7.) A. Do you own and/or operate any Alum or Ferric Chloride Phosphorus Treatment Systems which are regulated by this Permit (Part III.F.)? 1. If no, this section requires no further information. 2. If yes, you own and/or operate an Alum or Ferric Chloride Phosphorus Treatment System within your small MS4, then you must submit the Alum or Ferric Chloride Phosphorus Treatment Systems Form supplement to this document, with the following naming convention: MS4NameHere TreatmentSystem. This form is found on the MPCA MS4 website: http://www.pca.state.mn.us/ms4. VIII. Add any Additional Comments to Describe Your Program ❑ Yes ® No ❑ Yes ® No www.pca.state.mn.us 651-296-6300 800-657-3864 TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-49a • 5131113 Page 14 of 14 APPENDIX C Storm Water Management Design Standards Local SurfaceWater Management Plan Appendix C City of Hutchinson WSB Project No. 2702-00 STORMWATER MANAGEMENT DESIGN STANDARDS CITY OF HUTCHINSON Purpose The primary purpose of this design guide is to set forth regulatory requirements for construction activities to help protectthe property and citizens in the City of Hutchinson. The goals are presented in Section 5 of the Local Plan. Definitions can be found in Appendix C. Other Agency Regulations Agency regulations as outlined in Local Plan Sectio n 3 m u st be m et in addition to the requirements of any other relevant regulations. Pertinent regulations that provide the greatest protection for human welfare and/or the environment shall be given highest emphasis. Receiving Waters Pertinent receiving waters relevant to the Local Plan are discussed in the Local Plan Section 2. Related Review and Regulations Hutchinson Ordinance Requirements Local Plan Section 2 and Appendix C MPCA NPDES Construction Permit http://www.pca.state.mn.us/index.PhP/water/water-types-and-programs/stormwater/construction- stormwater/index.html Crow River Organization of Water http://www.crowriver.org/ Environmental review (e.g. EAW, EIS) should be completed for projects that trigger the requirements, consistent with MN Rules. Design Requirements Developers are required to provide three submittals to the City, which are elaborated in greater detail in the City ordinances and Appendix C: • Drainage/Erosion Control Permit, • Stormwater pollution prevention plan (SWPPP), and • NPDES Construction Permit. A SWPPP shall besubmitted withthe Drainage/Erosion Control Permit application. The SWPPP shall be consistent with the requirements outlined in this document, City ordinances, and State and Federal regulations. The SWPPP shall be completed priorto submitting a Drainage/Erosion Control Permit application and priorto conducting any land disturbing activities. SWPPP plan content must include at a minimum the items required and identified in the NPDES Construction Permit Part III. This includes information to meet the requirements of the Construction Site Stormwater Runoff Control and Post - Construction Stormwater Management sections of this document, where applicable. Construction Site Stormwater Runoff Control Requirements Site plans and project documentation must incorporate erosion and sediment controls and waste controls as required and identified inthe NPDES Construction Permit Part IV, includingthose identified inthe NPDES Construction Permitfor dischargesto special and impaired waters, when applicable. These requirements may include: • Erosion prevention practices, • Sediment control practices, • Dewatering and basin draining activities, • Inspections and maintenance, • Pollution prevention management measures, and • Final stabilization. Post -Construction Stormwater Management Requirements Site plans and project documentation must incorporate post -construction (permanent) stormwater management BMPs/systems to manage stormwater longterm once construction activity is complete. Permanent stormwater systems shall be designed consistent with the Minnesota Stormwater Manual and address the following requirements as detailed in Local Plan Section 5 and Appendix C: • Water Quality (see Local Plan Section 5.3), • Runoff Management and Flood Control (see Local Plan Section 5.4), • Wetlands (see Local Plan Section 5.5), • Erosion and Sediment Control (see Local Plan Section 5.6), • Groundwater (see Local Plan Section 5.7), and • Recreation, Habitat, and Shoreland Management (see Local Plan Section 5.8). Mutcfiinson Fire department 201 SAnnuaCftort ",any fool can destroy. But to seefirefighters and polkemen and people from all over the country, literalxy with 6w6ts, re6uilding... that's extraordinary. " -Jon Stewart y soon&—, F' ibir ",any fool can destroy. But to seefirefighters and polkemen and people from all over the country, literalxy with 6w6ts, re6uilding... that's extraordinary. " -Jon Stewart Ah., Table of Contents Paze / Topic 1. Cover 2. Table of Contents 3. Dedication 4. Mission Statement S. Chief Report 6. Goals and Objectives Z Goals and Objectives (continued) 8. Flow Chart 9. Officer Appointments 10. Ceremonies /Events 11. Seniority Roster 12. Operational Data 13. Operational Data (continued) 14. Operational Data (continued) 15. Emergency Calls 16. Emergency Calls (continued) 17. Assistant Chief Report 18. Battalion Chief - Training Report 19. Training Events 20. Training Site Update 21. Battalion Chief- Equipment Report 22. Emergency Vehicle Maintenance and Usage 23. Emergency Vehicle Replacement Schedule 2 Hutchinson Fire Department Dedication The 2015 Annual Report is dedicated to Erin C. Peller. Erin is the daughter of active Firefighter Greg Peller and has been an unbelievable asset to the Hutchinson Fire Department over the five summers she has volunteered her time. She has logged more than 610 hours working on various activities such as: inspections, fire prevention, investigations, data entry, and budgeting. She streamlined our new firefighter hiring process, created a new mapping system/book that is now present in each of our apparatus and created a "Knox Box" ID card that we are now utilizing at every commercial building in the city ... the list goes on! We thank her for the tremendous job she has done for us, she is truly amazing! Our Mission Statement "To 8elp People" Our Mission "Be 8011 eft— Be safe — Be lice — Treat People Zile TI ep Ire Fam ilp" Our Vision "To Pro vide tie But service aB d ProteCd#B Possible" Our Values and Guiding Principles "Pride, 8011 or, aB d IB tegrity" 4 Hutchinson Fire Department December 31, 2015 Citizens of the Hutchinson Fire District Honorable Mayors Town Board Supervisors City Council Members Another year has passed us by and I have now completed my first full calendar year as Chief of this great organization and I could not be more proud of where we are today. Thank you to all the firefighters and officers for making this possible and for your continued support of this organization. When we surround ourselves with great people, prosperity is the only outcome! Our focus on professionalism, training and preparedness, responsiveness and community involvement has continued to improve throughout 2015 because of the tremendous dedication of every firefighter and officer on the department. Over the course of the year our firefighters and officers are exposed to life, death and everything in-between and because of their resilience they continue to improve, impress and perform at the highest levels possible. In 2015 we bolstered our roster with the hiring of three additional rookie firefighters, which brings our total staffing level to thirty-two. This puts us in a good position in preparation for the pending retirement of Assistant Chief Stotts in 2016. We attempt to maintain a staffing level of 30 highly trained and dedicated firefighters enabling us to respond appropriately and efficiently for emergency calls, as well as day to day activities. We have made many physical improvements at our training site; most notably the addition of a fire hydrant at the site and a fire sprinkler riser in the training tower. We are also continually improving upon our training levels and standards and encouraging all of our personnel to seek out additional training and professional development. We have also been working feverishly in preparation for a new rescue pumper that will be coming in 2016. This new truck will replace two existing trucks which in turn will shrink our fleet by one apparatus. We are so grateful for the partnership we share with both the rural townships and the city, our existence is only possible because of the support we receive. Relationships like this thrive because of the open communication and great support that is given to us. We encourage questions about our personnel, equipment, and operations, because transparency is vital. Thank you for your continued support, Sincerely, imide SC41aIFstCt ' &q Hutchinson Fire Department �fUTCf�INSCIN 1RE C1�PL ORG_I864� Goals and Objectives Response Goals: • Emergency Calls: We will respond in a fast, professional, and efficient manner while understanding that firefighter safety is a top priority. • Officer Only Program: A "fire officer only" typically responds to routine calls such as a carbon monoxide alarm, natural/propane gas smells, or a fluid clean-up an estimated 125 times annually saving the district an estimated $25,000+ in salaries, fuel, etc.; • Firefighter "Competency": We will annually evaluate each firefighter on the essentials of firefighting, medical response, and rescue scenarios in an effort to foster the growth of each firefighter's ability to reach their maximum level of professionalism; • Staffing: We will test, interview, background check all potential firefighter candidates prior to hiring. We will maintain proper staffing levels for our fire district which is currently set at thirty. We will promote professional growth for all members of our staff. Training Goals: • We will Educate, State Certify, and State License all of our professional paid -on-call firefighters to the minimum of Firefighter I / Firefighter II, Medical First Responder, and Hazardous Material Operational. We will hold firefighters accountable for competency in their job and training and response; • With the understanding that it cost almost $5,000 to hire and certify/license one new firefighter and over $1,500 per year to keep one certified/licensed firefighter, we will focus on retention and the utilization of the skills our current staff has to keep cost in check; • We will train, test, and then improve the Hutchinson FD "emergency response procedures" as the department evolves with new people, equipment, techniques, requirements and standards; • We will complete all of the OSHA (Occupational Safety & Health Association) requirements for firefighter safety. • We will recommit to improving our regional training site focusing on the training tower, and various other needed improvements. Goals and Objectives (continued) Equipment/Building Goals: • We will provide our firefighters with quality PPE (personal protective equipment) when needed ensuring that we are providing the safest working conditions possible; • We will continue to work with the Rural District, City, and the "Fleet Committee" on the fleet reduction project of combining a current city engine and shared rescue truck into one shared Rescue/Engine; • We will participate in the "city employee safety committee" which has produced substantial savings to the city in the form of workers comp insurance fees; • We will complete all of the NFPA (National Fire Protection Association) testing requirements for the aerial platform truck, fire engine pumps, fire hose, SCBA's (self-contained breathing apparatus), and the breathing air compressor used for filling the SCBA's; Inspections/Prevention/Public Relations Goals: • We will restore the inspection of commercial /industrial/care facilities in our district for minimum fire/life safety issues and to pre -plan, should a fire or explosion occur; • We will conduct a progressive fire prevention/public safety education programs which trains well over 1,000 students annually; • We will continue to write "burn permits" for our rural fire district; • We will continue to work with the McLeod County Court system on the "community service" program, allowing us to have projects completed annually in and around the station at NO cost; • We will continue to participate in Public Outreach/Public Relation events items such as: 1. FD Open House activities; 2. "National Night Out" activities; 3. "We Care About Our Kids" at the Hutch Mall; 4. Veterans and Memorial Day Events; 5. Jaycee Water Carnival Events; 6. McLeod County Fair Events. Innovative Thinking Goals: • We will focus on developing more technical skilled firefighters through outsourced specialized training. • We will continue to measure all of the services that we provide in an effort to determine if the method used is efficient and cost effective in its current state and we will make changes whenever possible; • We will continue to maintain the services that we currently provide. It will therefore be our goal to improve, expedite, and streamline them always. 2015 Hutchinson Fire Department Fire Chief Response, Budget, Planning, Management, Operations, Personnel, Code Enforcement, Fire Prevention Assistant Chief Response, Budget, Recruit, Retention, Management, Operations, Personnel Battalion Chief Response, Training, Budget, Personnel Battalion Chief Response, Equipment, Budget, Personnel EEIIIEM-„•,. Lieutenant Lieutenant Lieutenant Iu Lieutenant Response, Response, I Response, I Response, I Training, Equipment, Equipment, Equipment, Personnel Personnel Personnel Personnel Firefthters Firefighters Firefthters Response, Response, Response, Training, Training, Training, Committee Work Committee Work Committee Work Firefthters Response, Training, Committee Work 2015 Hutchinson Fire Department Officer Appointments Assistant Chief Casey Stotts will be responsible for fire department response operations, including providing training for the firefighters in the area of fire investigation, background checks of new firefighters, officer promotions, annual firefighter reviews, preceding over the monthly FD business meeting and on-call response; Battalion Chief Randy Abelson will be responsible for the overall training of the firefighters, certification of our firefighters, licensing of our firefighters, regional and state training activities, training site operation, hiring procedures, and on-call response; Battalion Chief Mike Craig will be responsible for all equipment purchases, equipment maintenance, equipment testing, new firefighter hiring procedures and on-call response; Lieutenant Jeff McKay will be responsible for assisting the Training Chief with all department training, employee reviews, and on-call response; Lieutenant John Travis will be responsible for the training and maintenance of Ladder 1 and Rescue 8, the firefighters under their direction, employee reviews, and on-call response; Lieutenant Brandon Vik will be responsible for the training and maintenance of Engine 3, Tanker 4, and Tanker 6, the firefighters under their direction, employee reviews, and on-call response; Lieutenant Jason Sturges will be responsible for the training and maintenance of Engine 7 and Rescue 5, the firefighters under their direction, employee reviews, and on-call response; Badge Pinning Ceremonies Badge Pinning for Firefighters Brad Eastman and Jerrod Weckman who completed all of the required F + 1 training, testing and certification. Promotion of Firefighter John Travis to the rank of Lieutenant John firings 6+ years of experience as a Captain on the Evans Fire Department in Colorado. He was also an instructor at the Fire Academy in Greeley, Colorado for 3+ years. Badge Pinning for Firefighter Andrew Carlson who completed all of the required FF1 training, testing and certification. Andrew firings 10+ years of experience from the Atwater, 1Vlinnesota. Fire Department" 10 V f';, i� Mike Schumann Chief Casey Stotts Assistant Chief Mike Craig Battalion Chief Randy Abelson Battalion Chief Jeff McKay Lieutenant John Travis Lieutenant Brandon Vik Lieutenant Jason Sturges Lieutenant Brent Reiner Firefighter Tim Peterson Firefighter Jay Landreville Firefighter Tom Wurzberger Firefighter Dan Sargent Firefighter Mark Alberts Firefighter Kirk Ondracek Firefighter Justin Wendlandt Firefighter Matt Schmidt Firefighter Josh Schulte Firefighter Chris Dostal Firefighter Lyle Nybakke Firefighter Matt Sturges Firefighter Paul Jeseritz Firefighter Greg Peller Firefighter Kyle Baysinger Firefighter Daryl Rath Firefighter Ross MacMullan Firefighter Brad Eastman Firefighter Jerrod Weckman Firefighter Andrew Carlson Firefighter Ovie Ovadje Rookie Justin Schuette Rookie Josh Volz Rookie 11 Roster serving since 2000 serving since 1991 serving since 2000 serving since 2001 serving since 2010 serving since 2012* serving since 2006 serving since 1997 serving since 1990** serving since 1998 serving since 2000 serving since 2000 serving since 2001 serving since 2003 serving since 2003 serving since 2003 serving since 2005 serving since 2005 serving since 2006 serving since 2006 serving since 2006 serving since 2003 serving since 2011 serving since 2012 serving since 2012 serving since 2013 serving since 2014 serving since 2014 serving since 2014* serving since 2015 serving since 2015 serving since 2015* Operational Data To the residents of the Hutchinson Fire District: the City of Hutchinson, Villages of Biscay & Cedar Mills, the Townships of Acoma, Hutchinson, Hassan Valley, Lynn, Boon Lake, Cedar Mills, Ellsworth & Collins. "Pri d e -Ho n o r -In tegri ty " Number of Paid -On -Call Firefighters Year 1990 2000 2009 2010 2011 2012 2013 2014 2015 Total 45 39 30 28 26 27 30 29 1 32 Number of Fulltime Employees Year 1998 2002 2009 2010 2011 2012 2013 2014 2015 Total *1 *2 2 2 1 1 1 1 1 Volunteers Year 2000 2008 2009 2010 2011 2012 2013 2014 2015 # of Citizen 0 2 2 2 1 1 1 1 1 Community 2 2 1 1 1 1 1 1 1 Batt. Chief _ _ _ - - - - 184 132 Service Hours 4 0 0 0 0 0 0 0 0 Number of Officers/ Breakdown Year 1990 2' 2009 2010 2011 2012 2013 2014 2015 Chief 1 1 1 1 1 1 1 1 1 Asst. Chief 2 2 1 1 1 1 1 1 1 Batt. Chief 0 3 2 2 2 2 2 2 2 Captain 4 0 0 0 0 0 0 0 0 Lieutenant 4 4 4 5 4 4 4 4 4 Safety 1 2 0 0 0 0 0 0 0 Total 12 12 8 9 8 8 8 8 8 Number of Firefighters / Certifications / Licenses Year 2009 2010 2011 2012 2013 2014 2015 Probationary 2 2 3 2 3 3 FF1 13 12 12 6 10 7 7 FF2 - licensed 11 14 13 19 18 19 22 1St Responder 17 18 18 17 18 16 17 EMT 7 7 8 8 10 10 12 Paramedic 0 1 1 0 0 1 1 Haz-Mat Awn 16 13 14 0 0 0 2 Haz-Mat Ops. 7 11 11 23 26 24 25 Haz-Mat Tech. 1 2 2 2 2 2 2 Firefighter Injuries Year 2009 2010 2011 2012 2013 2014 2015 Injuries 5 1 0 0 4 0 1 12 Operational Data (Continued) Equipment: Fire Engines/Ladder Trucks/Tankers/Rescue Year 1990 2000 2009 2010 2011 2012 2013 2014 2015 City 215 309 319 348 312 252 317 308 Rural 76 Engines 3 2 1 1 1 1 1 1 1 Ladders 1 1 1 1 1 1 1 1 1 Rescue 0 0 0 0 0 0 0 0 0 Rural Engine 1 1 0 0 0 0 0 0 0 Ladder 0 0 0 0 0 0 0 0 0 Rescue 0 0 0 0 0 0 0 0 0 Tankers 2 2 2 2 2 2 2 2 2 Shared Engines 0 0 1 1 1 1 1 1 1 Ladders 0 0 0 0 0 0 0 0 0 Rescue 2 2 2 2 2 2 2 2 2 Total 7 7 7 7 7 7 7 Emergencv Calls Year 1990 2000 2009 2010 2011 2012 2013 2014 2015 City 156 215 309 319 348 312 252 317 308 Rural 76 132 110 117 127 127 136 148 158 Total 232 419 436 475 439 388 465 466 Structure Fires Year 2007 2008 2009 2010 2011 2012 2013 2014 2015 Structure 19 25 24 26 17 32 19 19 17 Fires Fire Fatalities Year 2001 2002 2003-2010 2011 2012 2013 2014 2015 Fatalities 1 *3 1 0 1 1 0 0 0 0 Response Time (Out the Door) for the City & Rural Fire District Year 2007 2008 2009 2010 2011 2012 2013 2014 2015 rime 3:54 4:15 4:30 4:32 5:18 3:48 3:24 3:58 4:27 Officer Only Calls for the Citv & Rural Fire District Year 2007 2008 2009 2010 2011 2012 2013 2014 2015 Number of 160 152 144 152 136 126 106 149 143 Calls Dollars $26,900 $25,536 $24,300 $27,056 $24,752 $22,932 $19,292 $27,118 $26,026 Saved Hours Saved 2,400 2,280 2,160 2,280 2,040 1,890 1,590 2,235 2,145 13 Operational Data (continued) Fire Safety/Prevention - Public Relations (P.R.) - Fire Extinguisher Classes Year 2007 2008 2009 2010 2011 2012 2013 2014 2015 Fire Safety Commercial, 68 83 50 62 43 39 60 22 33 # of classes Fire Safety 560 161 192 240 107 66 87 21 33 Foster Care, 1622 2553 1555 1410 1086 1196 1301 1219 2017 # of students P.R. Events 29 17 40 34 23 24 23 39 35 P.R. Hours - - - - - - - 452 543 Fire Ext. 12 9 4 5 0 3 1 2 6 classes Fire Ext. 171 310 106 93 0 75 50 63 329 Students 911 News -TV 12 12 12 12 10 4 12 0 0 KDUZ - Radio 12 12 12 12 12 12 12 6 10 Total Classes 133 133 119 125 88 82 108 69 84 Total Students 1793 2863 1661 1503 1086 1271 1351 1282 2346 Inspections Year 2007 2008 2009 2010 2011 2012 2013 2014 2015 Type: Commercial, Fireworks, Daycare, 560 161 192 240 107 66 87 21 33 Foster Care, ECFE Rental 0 1937 690 769 637 851 782 *0 *41 Total 560 2098 882 1009 744 917 869 21 74 * Rental inspection program moved to the city building department. Property Value Saved (by HFD interventions) in 2015 =$4.,023.,000 **Additional statistical data broke down by township / city will be available as a supplement. 14 0 Ob • F 1F �r I - J 2015 Assistant Chief Update As I crossed the line into my 25 I year on the Hutchinson Fire Department, I reflect on the many changes that I have seen — some good, some not so good. In 1987, when I started in the fire service in the small town of Appleton, Minnesota, I walked into the fire station and I was told that I was now a firefighter. Today, when new recruits start their firefighting careers, they have about 200 hours of initial Firefighter and Hazardous Materials training — then we send them to 40 hours of Medical First Responder training. This is done two nights per week, usually out of town (with a minimum of an hour each way of travel). All of this is besides the weekly department training we require and after working all day at their "real job"! When I started: - We used to ride on the trail boards of the fire engine — today for safety reasons, this is no longer allowed. - Fire Engines were $15,000 — now they are $500,000 - $700,000. - We trained one night per month — now we train every Monday night. - We responded to 50-70 calls per year — now we are responding to 450+. - We had beer at the station after drills and calls — that was removed in the 90's. - Firefighters could fix just about anything that broke with duct tape and bailing wire, now we have to hire "Emergency Apparatus Technicians" to fix our trucks. A lot has changed; I think that the two biggest are the qualifications of your firefighters and the time that they devote to be firefighters. Firefighters are a humble bunch, so when you hear about the documented hours on training and fire response — that is just a small fraction of the "real" time donated. My job as a Chief Officer, is to make sure that your equipment and your firefighters are always ready to respond to any type of emergency call that comes in from the businesses, the 20,000 + people that live in our fire district, and the people traveling through. I am very proud to say, that there is no task given or obstacle that is thrown their way that your firefighters can't handle. I am very proud to say that they are the best of the best! Thank you for your continued support! Sincerely, Casey D. Stotts Assistant Fire Chief 17 2015 Fire Training Update Our Firefighters: Our firefighters are trained to a minimum of: 1. Minnesota Fire Service Certification Board (MFSCB) Firefighter 1-11. 2. Minnesota Emergency Medical Services Regulatory Board (EMSRB) First Responder. 3. National Fire Protection Agency Hazardous Materials Awareness. Weekly internal training sessions for 2015: Emergency Response System, Air Management, Pump Training, Search & Rescue, Live Burns, Firefighter Safety, Evacuation, Communication, Hose Advancement, Equipment Safety & Procedures, Rescue Scenarios: Water, Ice, Off-road, Scenario Based MVA Response, Auto Extrication, Bleeding, Shock, Medical Assessment, Trauma Assessment, KED, Long Board, Splinting, Oxygen Management, Airways, Hazmat External training sessions for 2015: • Members completed various regional, state and national training opportunities. What we accomplished in 2015: • Advertise, test, and hired new firefighters; • With assistance from the city we had a fire hydrant installed at the training site. • Installed Stand pipe and sprinkler system on 3 d floor in training tower. • Installed Forcible entry door on 1St floor. • Small group of firefighter training on Low angel rope rescue. • Recertified 16 fire fighters to First Responder • Recertified 6 fire fighters to EMT 2016 Projections: The Highlights 1. Continue to teach, train, and perfect the response procedures put into place in 2009; 2. Offer to and teach the HFD response program to our mutual aid fire departments in an effort to enhance the ability to work together on the fire ground under unified command. 3. Continue using a "Teamwork" mentality of group training. This means that groups of firefighters will train under and with their assigned Lieutenant. This should build a very positive relationship between the Lieutenants' and their firefighters. 4. Continue remodel of training site. New burn containers, new storage container, Upgrade windows covers from wood to steel in the tower. Each year we try to improve on the overall competency of the FD. To accomplish this, our firefighters spend many 2, 3 and sometimes 4 hours training at each weekly drill putting in the extra effort to improve on their skills and knowledge! We could not be happier with the results! We have never had a time on this department when we've had so many skilled, professional, firefighters that are not only capable of performing the tasks of a firefighter, but performing them at a high degree of proficiency! Again, proving that Hutchinson has one of the best trained fire departments in the state! Randall Abelson Battalion Chief — Training 18 40 , 1 ka mom 1;L 1�I�I1� ■ t�1 �.�. �qk Training Site This past year the training site has been a very busy place. With the aid of a grant from Excel Energy, the City of Hutchinson built a solar panel array on the eastern side of the training site. While the city was having the array built, the fire dept. asked about installing the fire hydrant. With John Paulson's assistance with permits and MPCA soil sampling, we finally got the ok to install the much needed fire hydrant. The low bid for this project went to one of our fire fighters who was able to donate some of the materials and labor to help save the fire department money out of our budget. The benefit of having this new hydrant closer to the training site is less time packing hose after a training evolution. Before we would have to flake out 600 feet of 5 inch hose, now it is just less than 100 feet of hose. Also we don't have to block access to the Armory or Park's Garage when we do have training that requires use of hydrants. We also decided to make the training tower more usable for training by installing a sprinkler stand pipe in the training tower. This sprinkler stand pipe is very similar to what you would find in most high rise/commercial/industrial buildings. This lets us train our fire fighters on how to properly shut down a system, drain, and restore the system. The stand pipe portion of the riser lets us train our fire fighters how to properly connect, flake out hose, and attack a fire from a stair well that is very similar to what we have in the high rises within the city. The last portion of this stand pipe is the sprinkler heads. We can now train fire fighters how to plug a sprinkler head when we cannot shut down the system. And last but not least one of our fire officers came up with a plan to install a forcible entry prop in the tower. This prop will give the fire fighters opportunity to practice on how to force a way in thru a door. This is a reusable prop so we should get many years of use out of it. For 2016 we have more to do at the training site. We have leveling and grading to do so the water from live burns don't pool in the areas we are training in. Move the burn containers to new location closer to new hydrant. Upgrade the window covers for tower from wood to steel. This will help keep the birds out so they are not making a mess that we clean out couple times a year. And work with the Police dept. to come up with long range plans for improvements on their training house and for the overall site. Thank you for your support. We will continue to train and be ready for the call. And when the call comes in we will provide the best trained personal that we can. Thanks again, Battalion Chief Abelson 20 2015 Fire Equipment and Maintenance Report Michael Craig, Battalion Chief — Equipment Here is a brief overview of 2015 equipment and maintenance for the Hutchinson Fire Department. Equipment Added or Changed: • We started replacing and adding equipment to our high level rescue kit. The end goal is to have individual kits for single rescuers that are easily transported and only carry the equipment that is needed for the task. • Our radio and pager batteries are starting to reach the age of needing replacement. A number of batteries were purchased this year and this trend will continue next year as well. We also added earpieces for command usage. • We added safety officer kits to all of our command vehicles. These kits contain everything a firefighter needs when assigned to be the safety officer on a fire or rescue scene. Equipment Maintenance: • Rescue 8 received a siren and emergency lighting upgrade. • Engine 7 received a doghouse/console organizer and had a number of valves and valve linkages repaired. • Tanker 4 had rear wheel bearings replaced. • Tanker 6 had a number of valves repaired. • Completed all NFPA required pump and ladder tests (L-1, E-3, E-7). • Completed NFPA required air certification test on our SCBA Compressor. • Completed NFPA required annual hose testing. Projects: • We continued to finalize our planning of combining Rescue 5 and Engine 3 into a new multipurpose Rescue/Pumper. We are excited to take delivery of the new truck in 2016! Thank you again for your continued support of our organization. 21 = Emergency Vehicle Maintenance Cost / Mileage / Hours Measurement A Vehicle 2010 2011 2012 2013 2014 2015 Ladder 1 $1,097 $2,108 $3,083 $583 $4,117 $7,175 2001 Pierce 72/18 208/41 50/67 135/45 266/33 499/66 Engine 3 $0 $592 $2,814 $694 $8,355 $718 1992 General 452/65 405/51 573/70 459/68 438/53 545/67 Tanker 4 $0 $1,015 $1,524 $412 $1,182 $992 1990 Chevrolet 1,939/ 113 1,936/ 118 1,949/118 2,344/125 2,016/119 2,149/129 Rescue 5 $0 $0 $658 $1,687 $944 $339 2001 Pierce 20 hours 12 hours 13 hours 7 hours 8 hours 19 hours Tanker 6 $51 $301 $8,207 $3,094 $2,140 $1,010 1996 International *1,026 6,523 6,721 8,7971 71821 5,265 Engine 7 $1,246 $2,526 $1,323 $7,550 $3,084 $5,258 2008 General Rescue 8 $244 $0 $355 $353 $1,993 $3,856 2002 Ford Chief 1 n/a n/a n/a $495 $569 $90 2013 Dodge Command $3,727 $1,884 $1,606 $761 $3,539 $1,589 2007 Tahoe Total 401- 1 $6,365 $8,426 $19,570 $15,629 $25,923 $21,027 Vehicle 2010 Miles / Hours 2011 Miles / Hours 2012 Miles / Hours 2013 Miles / Hours 2014 Miles / Hours 2015 Miles / Hours Ladder 1 566/83 682/81 751/78 647/83 417/98 524/83 Engine 3 72/18 208/41 50/67 135/45 266/33 499/66 Tanker 4 204/23 202/37 158/18 142/18 53/ 17 235/31 Rescue 5 452/65 405/51 573/70 459/68 438/53 545/67 Tanker 6 342/33 352/45 590/53 407/41 165/24 636/62 Engine 7 1,939/ 113 1,936/ 118 1,949/118 2,344/125 2,016/119 2,149/129 Rescue 8 1,268 1,279 1,458 1,388 1,420 1,910 Polaris (6x6) 20 hours 12 hours 13 hours 7 hours 8 hours 19 hours Chief 7,561 8,044 7,423 New *2,991 8,837 9,145 Command *1,026 6,523 6,721 8,7971 71821 5,265 22 Hutchinson Fire Department / Major Capital Improvement Schedule 15 Year Equipment Replacement Plan 2016 Estimates Vehicle Description / Code Model Year Replace Year Total Miles Total Hours Original Estimated Cost Replacement Cost Ladder 1 Pierce, 100' Aerial 2001 2026 10,051 1,576 $730,000 $500,000 Refurbish $1.5 mil Replace Engine 3 General, Engine/Pumper 1992 1 2016 19,968 21437 $187,930 Eliminate *Replace with a shared Rescue/Engine Chief 1 Dodge Durango 2013 2023 20,973 - $28,000 $42,000 Command Chevrolet Tahoe 2007 2016 121,036 - $19,995 $38,000 HERT Trailer Hazardous Material Trailer 2000 2025 - - $6,000 $8,000 Tanker 4 Chevrolet, Tanker 3000 1990 2020 13,433 1,310 $81,721 $215,000 Tanker 6 International, Tanker 3000 1996 2026 10,528 941 $77,912 $225,000 Rescue 5 Pierce, Heavy Rescue 2001 2016 11,034 1,435 $240,000 $595,000 *Replace with a shared Rescue/Engine Engine 7 General, Engine/Pumper 2008 2028 19,055 1052 $321,955 $650,000 Rescue Ford, Grass/Medical 2002 2019 20,137 - $33,164 $50,000 R-8 Skid Slide in Skid Unit 1999 2019 - - $6,000 $12,000 Ranger Polaris 6 Wheeler w/skid 2006 2021 - 146 $17,752 $15,000 Boat Inflatable w/25hp Yamaha 2007 2022 - - $5,961 $3,000 Boat Metal Ice Boat 1998 - - - $300 Do Not Replace Med. Trailer Mass Casualty Trailer 2004- - - - N/A *Owned by private health care group and housed by us City Owned vehicle Rural Owned vehicle Shared 50/50 vehicle 23 HUTCHINSON CITY COUNCIL ci vof 0, a_ � Request for Board Action 79 M -W Agenda Item: Consideration of Charter Commission Amendments Department: Administration/Legal LICENSE SECTION Meeting Date: 2/9/2016 Application Complete N/A Contact: Matt Jaunich/Marc Sebora Agenda Item Type: Presenter: Matt Jaunich/Marc Sebora Reviewed by Staff r-1 Public Hearing Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The Hutchinson Charter Commission met on November 2, 2015, and December 1, 2015, to review and discuss proposed changes to the City Charter. The changes reviewed pertained to the following sections: 2.04 - Elective Officers 2.09 - Vacancies in the Council 3.01 - Council Meetings 4.011 - Primary Municipal Election 4.02 - Special Elections 7.05 - Capital Improvement Program 7.06 - Council Action on Budget 0.01 - Franchises Required On December 8, 2015, the Charter Commission formally submitted a recommendation to the City recommending that the above-mentioned sections be amended by ordinance. The proposed ordinance encapsulates the specific changes as proposed by the Charter Commission. Minnesota Statute Section 410.12, Subd. 7 allows for Charter amendments to be enacted by ordinance following a public hearing. These amendments may be considered for adoption by a unanimous vote of the Council via ordinance. If approved, the second reading and adoption of the ordinance with the amendments would be set for January 26, 2016. Should the Council approve the ordinance, the amendments will take effect 90 days from the date of the adoption of the ordinance. During that 90 day period, citizens can circulate a petition and file with the City a petition with 380 verified signatures of registered voters requesting that any of the proposed changes above be voted on at a referendum. This matter was tabled at the Council's January 12, 2016, meeting. As was discussed at the Council's January 26, 2016 meeting,this ordinance must be approved unanimously in order to take effect. BOARD ACTION REQUESTED: Accept recommendations of Charter Commission for City Charter amendments and set second reading and adoption of Ordinance No. 15-749 for February 23, 2016. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CHARTER COMMISSION December 8, 2015 Hutchinson City Council 111 Hassan St. SE Hutchinson, MN 55350 Re. Charter Commission Recommendation Dear City Council: The Hutchinson Charter Commission met on December 1, 2015, to review and discuss proposed changes to the City Charter. The changes reviewed pertained to the following sections: Section 2.04 - Elective Officers Section 2.09 Vacancies in the Council Section 3.01 - Organizational meeting date Section 4.011 — Primary municipal election Section 4.02 — Special Elections Sections 7.05; 7.46 — Capital Improvement Program; Council Action on Budget Section 10.01 — Franchises Required The Charter Commission voted to recommend amendment, by way of ordinance, of the sections as follows: 1.) Section 2.04. ELECTIVE OFFICERS. The elective officers of the City shall be registered voters of the City and shall consist of a mayor who shall serve for two years and four council members elected at large who shall serve for four years. The term of office of each elective officer shall begin the first business d Monday in January following the city election and qualification of such elective officer and shall continue until a successor is elected and qualified. If the first Monday is a holiday, the term of office shall than begin the first Tuesday in January. 2.) Section 2.09. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of expiration of the term of any elective officer without an elected successor, the failure of any elective officer to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, removal from the city, continuous absence from the city of more than three months, conviction of a felony of any such elective officer whether before or after such qualification, or by reason of the failure of any elective officer without good cause to perform any of the duties of membership in the council for a period of three months. In each such case the council shall by resolution declare such vacancy to exist and shall forthwith appoint an eligible person to fill the same. In the case of a tie vote in the council, the mayor shall make the appointment. In the event the unexpired term of the vacant seat is fflw two years or less, such appointee shall complete the unexpired term. In the event the unexpired term of the vacant seat exceeds onewho years, a special election shall be held at OF before the next regular municipal election to fill the remainder of the vacancy. 3.) Section 3.01. COUNCIL MEETINGS. On the first business da Monday in in January following a regular municipal election the council shall meet at the usual place and time for the holding of council meetings. If the first Monday is a holiday, the ,first Tuesday_in January shall then be used. At this time the newly elected members of the council shall assume their duties. Thereafter the council shall meet at such time each month as may be prescribed by ordinance and resolution. The mayor or any other three members of the council may call special meetings of the council upon at least twelve hours' notice to each member of the council and such reasonable public notice as may be prescribed by council rule in compliance with the laws of Minnesota. To the extent provided by law all meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. 4.) Section 4.011. PRIMARY MUNICIPAL ELECTION. The city shall establish a primary election to coincide with state primary elections. fellem,ing the seeend Monday in September. No later than the next city council meeting after the adoption of this charter change, the council shall designate each council seat, whether occupied or not, by a separate numerical number or letter of the alphabet and assign each council member to one of the seats, with the mayor assigned as mayor. Each council seat and the office of mayor so designated, shall be a separate office for each subsequent election. Any incumbent member of the council filing for re-election shall be a candidate only for the office of which he/she is the incumbent, except in the case where an incumbent council member files for the office of mayor. Each person filing for the office of council member shall state in his/her affidavit of candidacy, the designated council seat that he/she is a candidate for. If less than three candidates file for any one seat, the candidates or candidate shall proceed to the general or special election. Incumbency shall not be designated on the ballot. 5.) Section 4.02. SPECIAL ELECTIONS. The council may by resolution order a special election and provide all means for holding it. Except as provided in Section 2,09, the city administrator shall give at least two weeks' published notice of a special election. The procedure at such election shall conform as nearly as possible to that prescribed for other city elections, including a primary municipal election if an elective office is to be filled at the special election. In the event that there is only one official candidate on the ballot for the vacant council seat, the special election for the council seat may be canceled by the city council on its own motion pursuant to Minnesota Statute Section 205.10 subd. 6 and that candidate shall be appointed to serve the remainder of the unexpired term for the vacant council seat. 6.) Section 7.05. CAPITAL IMPROVEMENT PROGRAM. The city administrator shall prepare and submit to the council a recommended five-year capital improvement program no later than dine -f August 1 each year. The capital improvement program shall include a list of all capital improvements proposed to be undertaken during the next five fiscal years, with appropriate supporting information as to the necessity for such improvements; cost estimates, method of financing and recommended time schedules for each such improvement; and the estimated annual cost of operating and maintaining the facilities to be constructed or acquired. This information shall be revised and extended each year for capital improvement still pending or in process. 7.) Section 7.06. COUNCIL ACTION ON BUDGET. The budget shall be considered by the fhm4 second regular monthly meeting of the council in September and at subsequent meetings until a budget is adopted for the ensuing year. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. The council may revise the proposed budget but no amendment to the budget shall increase the authorized expenditures to an amount greater than the estimated income. The council shall adopt the budget by a resolution which shall set forth the total for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the council deems necessary for purposes of budget control. The council shall also adopt a resolution levying the amount of taxes provided in the budget and the city administrator shall certify the tax resolution to the county auditor in accordance with law. Adoption of the budget resolution shall constitute appropriations at the beginning of the fiscal year of the sums fixed in the resolution for the several purposes named. S.) Section 10.01. FRANCHISES REQUIRED. No person, firm or corporation shall place or maintain any permanent or semi-permanent fixtures in, over, upon, or under any street or public place for the purpose of operating a public utility or for any other purpose, without a franchise therefore from the City, except where the city's authority is preempted by state or federal law; provided, however, that temporary uses such as street vendors, periodic displays and sales of food, beverages and merchandise, facilities for short-term public gatherings and similar enterprises shall be regulated by permit a" or-dineor Council approval as the Council may see fit. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the city administrator to guarantee publication before the ordinance is passed. On behalf of the Charter Commission, please accept the recommendations as described above and consider adopting them by ordinance. Since , t Don Walser Charter Commission Chair Ordinance No. 15-749 Publication No. AN ORDINANCE ADOPTING REVISIONS TO SECTIONS 2.04, 2.09, 3.01, 4.011, 4.02, 7.05, 7.06 and 10.01 OF HUTCHINSON CITY CHARTER The City Council hereby ordains: WHEREAS, the Hutchinson Charter Commission met on November 2, 2015, and December 1, 2015, to review sections of the City Charter for updating or amending; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 2.04 changing the term of elective officers to begin on the first Monday in January rather than the first business day in January; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 2.09 allowing for appointments to be made to a vacant seat on the Council that has a term left of two years or less instead of one year or less and allowing for a vacancy to be filled at the next regular municipal election if the term exceeds two years; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 3.01 changing the first council meeting in January following a regular municipal election to be held on the first Monday rather than the first business day; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 4.011 striking language referencing a specific month that the primary election will be held; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 4.02 adding language allowing the City Council authority to cancel a special election if only one official candidate files for a vacant council seat; and WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 7.05 changing the date from June 1 to August 1 for the city administrator to prepare and submit to the council a recommended five-year capital improvement program; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 7.06 changing the date from the first regular Council meeting in September to the second regular Council meeting in September for the budget to be considered; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 10.01 allowing the Council to approve temporary uses of public property rather than approval being done by ordinance; and, WHEREAS, Minnesota Statute 410.12, Subd. 7, allows Charter changes to be made by ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, THAT Sections 2.04, 2.09, 3.01, 4.011, 4.02, 7.05, 7.06 and 10.01 of the Hutchinson City Charter as attached hereto are hereby revised and these changes to the City Charter will take effect 90 days from adoption of this ordinance. Adopted by the City Council this 23rd day of February, 2016. Attest: Matthew Jaunich, City Administrator Gary T. Forcier, Mayor Section 2.04. ELECTIVE OFFICERS. The elective officers of the City shall be registered voters of the City and shall consist of a mayor who shall serve for two years and four council members elected at large who shall serve for four years. The term of office of each elective officer shall begin the first business da Monday in January following the city election and qualification of such elective officer and shall continue until a successor is elected and qualified. If the first Monday is a holiday, the term of office shall then begin the first Tuesday in January. Section 2.09. VACANCIES IN THE COUNCIL. A vacancy in the council shall be deemed to exist in case of expiration of the term of any elective officer without an elected successor, the failure of any elective officer to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, removal from the city, continuous absence from the city of more than three months, conviction of a felony of any such elective officer whether before or after such qualification, or by reason of the failure of any elective officer without good cause to perform any of the duties of membership in the council for a period of three months. In each such case the council shall by resolution declare such vacancy to exist and shall forthwith appoint an eligible person to fill the same. In the case of a tie vote in the council, the mayor shall make the appointment. In the event the unexpired term of the vacant seat is one two years or less, such appointee shall complete the unexpired term. In the event the unexpired term of the vacant seat exceeds ewe two years, a special election shall be held at or the next regular municipal election to fill the remainder of the vacancy. Section 3.01. COUNCIL MEETINGS. On the first business da Monday in in January following a regular municipal election the council shall meet at the usual place and time for the holding of council meetings. If the first Monday is a holiday, the first Tuesday in January shall then be used. At this time the newly elected members of the council shall assume their duties. Thereafter the council shall meet at such time each month as may be prescribed by ordinance and resolution. The mayor or any other three members of the council may call special meetings of the council upon at least twelve hours' notice to each member of the council and such reasonable public notice as may be prescribed by council rule in compliance with the laws of Minnesota. To the extent provided by law all meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. Section 4.011. PRIMARY MUNICIPAL ELECTION. The city shall establish a primary election to coincide with state primary elections. generally the first Tuesday following the seeond Monday in September-. No later than the next city council meeting after the adoption of this charter change, the council shall designate each council seat, whether occupied or not, by a separate numerical number or letter of the alphabet and assign each council member to one of the seats, with the mayor assigned as mayor. Each council seat and the office of mayor so designated, shall be a separate office for each subsequent election. Any incumbent member of the council filing for re-election shall be a candidate only for the office of which he/she is the incumbent, except in the case where an incumbent council member files for the office of mayor. Each person filing for the office of council member shall state in his/her affidavit of candidacy, the designated council seat that he/she is a candidate for. If less than three candidates file for any one seat, the candidates or candidate shall proceed to the general or special election. Incumbency shall not be designated on the ballot. Section 4.02. SPECIAL ELECTIONS. The council may by resolution order a special election and provide all means for holding it. Except as provided in Section 2.09, the city administrator shall give at least two weeks' published notice of a special election. The procedure at such election shall conform as nearly as possible to that prescribed for other city elections, including a primary municipal election if an elective office is to be filled at the special election. In the event that there is only one official candidate on the ballot for the vacant council seat, the special election for the council seat may be canceled by the citv council on its own motion pursuant to Minnesota Statute Section 205.10 subd. 6 and that candidate shall be appointed to serve the remainder of the unexpired term for the vacant council seat. Section 7.05. CAPITAL IMPROVEMENT PROGRAM. The city administrator shall prepare and submit to the council a recommended five-year capital improvement program no later than june 1 August 1 each year. The capital improvement program shall include a list of all capital improvements proposed to be undertaken during the next five fiscal years, with appropriate supporting information as to the necessity for such improvements; cost estimates, method of financing and recommended time schedules for each such improvement; and the estimated annual cost of operating and maintaining the facilities to be constructed or acquired. This information shall be revised and extended each year for capital improvement still pending or in process. Section 7.06. COUNCIL ACTION ON BUDGET. The budget shall be considered by the €ice second regular monthly meeting of the council in September and at subsequent meetings until a budget is adopted for the ensuing year. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. The council may revise the proposed budget but no amendment to the budget shall increase the authorized expenditures to an amount greater than the estimated income. The council shall adopt the budget by a resolution which shall set forth the total for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the council deems necessary for purposes of budget control. The council shall also adopt a resolution levying the amount of taxes provided in the budget and the city administrator shall certify the tax resolution to the county auditor in accordance with law. Adoption of the budget resolution shall constitute appropriations at the beginning of the fiscal year of the sums fixed in the resolution for the several purposes named. Section 10.01. FRANCHISES REQUIRED. No person, firm or corporation shall place or maintain any permanent or semi-permanent fixtures in, over, upon, or under any street or public place for the purpose of operating a public utility or for any other purpose, without a franchise therefore from the City, except where the city's authority is preempted by state or federal law; provided, however, that temporary uses such as street vendors, periodic displays and sales of food, beverages and merchandise, facilities for short-term public gatherings and similar enterprises shall be regulated by permit ordinanee or Council approval as the Council may see fit. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the city administrator to guarantee publication before the ordinance is passed. HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Ordinance No. 16-750 - Amending Chapter 154 — Micro-Distillery Cocktail Rooms Department: Planning LICENSE SECTION Meeting Date: 1/26/2016 Application Complete N/A Contact: Dan Jochum/Marc Sebora Agenda Item Type: Presenter: Dan Jochum/Marc Sebora Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Similar to the ordinance that was adopted in 2014 allowing brew pubs and taprooms to various zoning districts in the City, the Planning Commission is recommending allowing micro-distillery cocktail rooms to those same zoning districts. The zoning districts include C2, C3, C4,C5 and Industrial/Commercial. As with the brew pubs and tap rooms, micro-distillery cocktail rooms would be allowed in these districts by conditional use permits. The Planning Commission held a public hearing and reviewed the proposed ordinance amendments at their January 19, 2016 meeting. Nobody from the public spoke on this topic or attended the meeting. The Planning Commission was comfortable with the proposed amendments and unanimously approved them. The City Council held the first reading of this ordinance on January 26, 2016. The first reading was approved by a unanimous vote. BOARD ACTION REQUESTED: Approve second reading and adoption of Ordinance No. 16-750. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: ORDINANCE NO. 16-750 SUMMARY OF ORDINANCE NO. 16-750 — AN ORDINANCE AMENDING CHAPTER 154 OF THE HUTCHINSON CITY CODE (ZONING) — ALLOWING MICRODISTILLERIES AND COCKTAIL ROOMS BY CONDITIONAL USE PERMIT The City Council hereby ordains the following summary of Ordinance No. 16-750: 1. Title of Ordinance: Micro -distillery Cocktail Rooms An Ordinance Amending Chapter 154 (Zoning) of the City of Hutchinson Code of Ordinances Adding Language in Section 154.062 — 154.066 allowing Micro -distillery Cocktail Rooms by Conditional Use Permit (CUP). 2. Summary of Ordinance: Amends Sections 154.062 — 154.066 allowing Micro -distillery Cocktail Rooms by Conditional Use Permit (CUP). This Ordinance shall take effect upon publication in accordance with the Hutchinson City Charter. 3. Availability of Ordinance: A complete, printed copy of this ordinance is available for inspection by any person during regular business hours in the office of the City Clerk. Adopted by the Hutchinson City Council this day of , 2016. ATTEST: Matthew 7aunich, City Administrator Gary T. Forcier, Mayor Publication No. Date of Publication: § 154.062 C-2, AUTOMOTIVE SERVICE COMMERCIAL DISTRICT. (A) Purpose. The C-2 district is intended to provide locations for businesses which generate a high degree of automobile traffic and which would properly be developed along major thoroughfares of the community. (B) Permitted principal uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached. Highly similar uses not listed may be allowed upon the determination of the City Council. this code; 154.112; (1) Retail sales businesses; (2) Service stations, automobile repair shops. For standards, see § 154.111 of (3) Car wash operations, including automated lanes. For standards, see § (4) Business and professional offices; (5) Drive-through banking facilities, postal centers and similar uses; (6) Convenience goods store; including gasoline pumps, subject to a maximum of 4,000 square feet of enclosed sales area; (7) New car, marine, farm machinery, manufactured home, sales and display areas, when operated in conjunction with and as part of the new item franchised dealership; (8) Nurseries and garden supply centers; (9) Motels; and (10) Restaurants, including convenience food restaurants. (C) Conditional uses. Used car, farm machinery, marine and mobile home sales and display areas when not operated as a part of new item franchise dealership, Brew Pubs, Tap Rooms, Micro -distillery Cocktail Rooms. § 154.063 C-3, CENTRAL COMMERCIAL DISTRICT. (A) Purpose. The C-3 central commercial district is intended to provide an area for the grouping of general retail sales establishments, offices and services which serve city residents and the surrounding area. The C-3 district provisions and boundaries are intended to promote compatible land use relationships among diverse types of uses and encourage well-planned development or expansion in accord with the approved Comprehensive Plan. Only those uses which substantially interfere with the overall function of the general commercial area will be excluded. On-site parking is not required in this district. (B) Permitted uses. The following uses are permitted as regulated herein, without special application requirements or conditions attached. Similar uses may be allowed upon the determination of the City Council. (1) Trade and services: any retail store or personal service business subject to all regulations and permits and licenses as may be required by law, and further provided that the use is not objectionable due to noise, fumes, smoke, odor or vibration, including the following and other similar uses; (2) Cultural facilities; (3) Trade and business schools; (4) Catering establishments; (5) Employment agencies; (6) Game and amusement arcades; (7) Hotels and motels; (8) Interior decorating service and sales; (9) Offices for corporations and professionals; (10) Publishing, job printing and blueprinting; (11) Post offices and other public service operations; (12) Restaurants; (13) Taverns; (14) Theaters; (15) Commercial parking lots; (16) Pawnbroker establishments; (17) Massage service establishments; and (18) Upper level apartment units. (C) Conditional permitted uses. (1) Commercial parking ramps for passenger vehicles only, provided a reservoir space is provided within the structure for holding cars awaiting entrance, which reservoir space shall have a capacity of no less than two vehicles; (2) New or used automobile sales; indoor display area only; (3) Motor fuel and service stations, excluding major repair operation. See Appendix B to this chapter for the off-street parking schedule; (4) A state licensed residential facility serving from seven through 16 persons; (5) Group homes up to 5,000 square feet; (6) All licensed day care facilities which are not permitted principal uses under state law; (7) Single-family residences applying for additions, decks, garages, remodeling, or other single-family related uses. (8) (a) Drive-through windows (specific considerations of traffic impact, accessibility to appropriate roadways, site plan consideration and other relevant information would be part of the application review). (b) Conditions for residential facilities, group homes, crisis shelters and licensed day care facilities shall not be imposed which are more restrictive than those imposed on conditional uses or other multi -family residential property in the same district, unless the additional conditions are necessary to protect the health or the safety of the residents of the residential facility. (9) The requirements of § 154.115 of this code shall apply to the conditional uses described in this section. (10) Tattoo establishments. (11) Brew Pubs (12) Tap Rooms 13 Micro -distillery Cocktail Rooms § 154.064 C-4, FRINGE COMMERCIAL DISTRICT. (A) Purpose. The C-4 commercial district is intended to provide one or more areas for the grouping of general retail sales establishments, offices and services which offer convenient shopping facilities for city residents and the surrounding area. C-4 district provisions and boundaries are established to promote compatible land use relationships among diverse types of uses and encourage well-planned development or expansion in accord with the city's Comprehensive Plan. Only those uses which substantially interfere with the overall function of the general commercial area will be excluded. (B) Permitted uses. The following uses are permitted as regulated herein, without special application requirements or conditions attached. Similar uses may be allowed upon the determination of the City Council. (1) Trade and services: any retail store or personal service business subject to all regulations and permits and licenses as may be required by law, and further provided that the use is not objectionable due to noise, fumes, smoke, odor or vibration, including the following and other similar uses as determined by the city's Planning Commission; universities; (2) Catering businesses; (3) Convenience grocery stores; (4) Cultural facilities; (5) Game and amusement arcades; (6) Hotels and motels; (7) Motor vehicle sales and service establishments; (8) Post offices and other public service operations; (9) Restaurants, including convenience food; (10) Taverns; (11) Theaters; (12) Trade and business schools, technical colleges, vocational schools, (13) Hospitals; (14) Crisis shelters; (15) Car washes; (16) Pawnbroker establishments; (17) Massage service establishments; and (18) Offices; business and professional. (C) Conditional permitted uses. (1) Permitted uses listed in the C-2 district but not including used car, farm machinery, marine or manufactured home sales; (2) Commercial parking structures; (3) Churches and houses of worship and related facilities; (4) Storage units; (5) Tattoo establishments; (6) Towing company offices with fenced impound lots, subject to providing a completely fenced and screened enclosure. Fences must be a minimum of six feet high and constructed of wood or equivalent materials; and (7) Dog daycare. (8) Brew Pubs (9) Tap Rooms 10 Micro -distillery Cocktail Rooms § 154.065 C-5, CONDITIONAL COMMERCIAL DISTRICT. (A) Purpose. The purpose of the C-5 conditional commercial district is to provide for business, commercial and retail uses that are conveniently accessed by major arterial traffic. property; and (1) Development will be allowed only as a conditional use to: (a) Ease land use transition; (b) Control development so that it is compatible with the surrounding (c) Establish dimensional requirements on an individual basis. (2) Those uses which substantially interfere with the overall function of the area will be excluded. (3) Development shall also meet standards for lighting, landscaping and pedestrian access. (B) Permitted uses. (1) There are no permitted principal uses in the C-5 district. (2) (a) Any accessory use, building or structure customarily incidental to a permitted conditional use listed below, and located on the same lot therewith not to exceed 320 square feet; (b) Parking and loading facilities, as regulated in § 154.116 and Appendix B to this chapter; and (c) Signs as regulated in §§ 154.135 through 154.139. (C) Conditional uses. Buildings or land may be used for the following if granted a conditional use permit: (1) Trade and services: any retail store, personal service or business service establishments, subject to all regulations and permits and licenses as may be required by law, including the following and other similar uses; (2) Business and professional offices; (3) Candy and ice cream shops; (4) Cultural establishments: museums, galleries and the like; (5) Convenience goods stores; including gasoline pumps, subject to a maximum of 4,000 square feet of enclosed sales area; (6) Freestanding and attached car washes; (7) Hotels and motels; (8) Motor fuel and service stations, excluding major repair operation. See Appendix B to this chapter for the off-street parking schedule; (9) Restaurants, including convenience food; (10) Retail sales; (11) Theaters; and (12) Variety, gift, notion, antique and soft goods stores. (13) Brew Pubs (14) Tap Rooms (1 5) Micro -distillery Cocktail Rooms § 154.066 PC, INDUSTRIAL/COMMERCIAL DISTRICT. (A) Purpose. It is the purpose of the UC 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: and (1) Ease land use transition; (2) Control development so that it is compatible with surrounding property; (3) Establish dimensional requirements on an individual basis. (B) Permitted uses. (1) There are no permitted principal uses in the PC district. (2) (a) Any accessory use, building or structure customarily incidental to a permitted conditional use listed below, and located on the same lot therewith not to exceed 320 square feet; (b) Parking and loading facilities, as regulated in § 154.116 and Appendix B to this chapter; (c) Signs as regulated in §§ 154.135 - 154.139 of this code; (d) Pawnbroker establishments; and (e) Massage service establishments. (C) Conditional uses. Buildings or land may be used for the following if granted a conditional use permit, and provided further that any objectionable features normally associated with these uses, such as those deemed to be hazardous, offensive or objectionable by reason of odor, dust, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water -carried waste, shall be ameliorated, controlled or eliminated through design, mechanical devices, screen planting and/or walls or other measures as specified by the Planning Commission, and authorized that the use and its day to day activity will not be unreasonably hazardous, noxious or offensive: (1) Trade and services: any retail store, personal service or business service establishments, subject to all regulations and permits and licenses as may be required by law, including the following and other similar uses; (2) Automobile or trailer sales and service establishments; (3) Building materials and hardware, retail sales and repairs; (4) Business and professional offices; (5) Cultural, entertainment and recreational establishments; (6) General merchandising, apparel and accessories and establishments; (7) Car wash operations, including automated lanes. See Appendix B to this chapter for the off-street parking schedule; (8) Catering establishments; (9) Churches and houses of worship and related facilities; (10) Convenience goods and food shops, subject to a maximum of 5,000 square feet of sales area; (11) Dog kennels; (12) Drive-in or drive-through restaurants, banking facilities and the like; (13) Employment agencies; (14) Fairgrounds; (15) Furniture, home furnishing and equipment, sales and display; (16) Hotels and motels; (17) Manufacturing: any light manufacturing or process including repairs, assembling, fabricating, altering, converting, finishing, processing, treating, testing, packaging or bottling, except any use or process hereinafter specifically excluded or which would not be in keeping with the purpose of the district as stated above. This determination shall be made by the Zoning Administrator upon review of the building permit application; (18) Motor vehicle body shops; (19) Post offices and other public service operations; (20) Publishing, job printing and blue printing; (21) Nurseries, garden supply centers; (22) Restaurants; (23) Service stations, automobile repair shops. Standards for automobile services stations are set forth in § 154.111 of this code; (24) Taverns; (25) Trade and business schools; (26) Theaters; (27) Warehousing, storage and wholesaling: the storage, handling, assembly and distribution of goods and materials for retail, wholesale or on-site use. This does not include truck terminals, which are not allowed in this district; and (28) Recyclable materials collection centers. (29) Brew Pubs (30) Tap Rooms 31 Micro -distillery Cocktail Rooms HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: 2nd Reading - Amendment to City Code of Ordinances Chapter 154 Department: Planning LICENSE SECTION Meeting Date: 2/9/2016 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Matt or Marc Reviewed by Staff ❑ Unfinished Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The Planning Commission and Staff have been working on revised ordinance language related to accessory structure size limitations as well as some other minor changes to the zoning ordinance related to accessory structures. The proposed ordinance is attached to this memo. The Planning Commission held a public hearing and reviewed the proposed ordinance amendments at their January 19, 2016 meeting. Nobody from the public spoke on this topic or attended the meeting. The Planning Commission was comfortable with the proposed amendment and unanimously approved the proposed amendment. The City Council held the first reading of this ordinance on January 26, 2016. The first reading was approved by a vote of 3 to 1. Council Member Lofdahl had concerns regarding large garages over 1,500 square feet not being "residential in character." BOARD ACTION REQUESTED: Approval of proposed ordinance amendment. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: DIRECTORS REPORT - PLANNING DEPARTMENT To: From: Date: RE: Discussion Hutchinson Planning Commission Dan Jochum, AICP January 14, 2016, for January 19, 2016, Planning Commission Meeting Ordinance Amendments for Accessory Structures and Pole Buildings The following is the ordinance language Staff prepared after discussion about accessory structures and pole buildings at the December 15, 2015 Planning Commission Meeting. §154.004 DEFINITIONS. POLE BUILDING. A building with a frame made of wooden or metal parts, with metal panels covering three or more sides, and without a full foundation. § 154.026 ACCESSORY BUILDINGS. (A) No accessory buildings shall be erected or located within any required side yard setback, except as provided in §§ 154.056 and 154.057 of this code, for R-1 and R-2 districts. (B) Utility buildings in residential districts shall n &ieeed 12 feet by 16 feet be smaller than 200 square feet and shall be six feet or more from all lot lines of adjoining lots, and shall not be located within a utility easement. (C) No accessory building or garage per single-family homes shall occupy more than 25% of a rear yard. . All new homes shall either have an attached or detached garage of at least 400 square feet. Garages less than 400 square feet but larger than 240 square feet are allowed by conditional use permit. Gar -ages less than 240 squaf:e �aet are not alle Gar -ages between 1,000 squar-e feet and 1,500 squar-e feet may4e 0 ef the rear- yard. Gar -ages larger- than 1,500 squar-e feet are not allowed in residential zoning . The size of detached (accessory) garages are regulated per the below table: Lot Size Maximum Detached (Accessory) Garage Size .15 to .29 Acres 1,000 square feet .30 to .49 Acres 1,250 square feet .50 to 1.0 Acres 1,500 square feet 1.0 to 2.0 Acres 1,750 square feet 2.0 Acres or more 2,000 square feet *Note — No accessory structure or detached garage shall occupy more than 25% of a rear yard. (D) No permit shall be issued for the construction of more than one accessory detached private garage structure for each dwelling. (E) No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory, except by conditional use permit. (F) Accessory buildings in all districts shall be located to the rear of the principal building. Ordinance Amendment Accessory Structures Planning Commission —1/19/16 Page 2 (G) No accessory building in a commercial or industry district shall exceed the height of the principal building except by conditional use permit. (H) Utility sheds in residential districts which have floor areas greater than ten feet by 1€eet 200 square feet shall have a floating concrete slab. Only one utility shed per home is permitted. (1) Pole buildings shall be per-fnit4ed only if siding and r-aafiag in buildifig fnater-ia6 Pole Buildings are not allowed for detached garages or accessory buildings in residential zoned areas unless the lot is at least 1 acre in size. (J) Unattached garages require direct access by public way or in cases of interior lots, a side yard drive setback dimension no less than ten feet between the property line and the principal structure. Direct access to the public right-of-way is not permitted through the rear or side yard of double frontage lots located on any collectors or arterial roadways, except for properties platted prior to 1988. ('89 Code, § 11.7.14) (Ord. 464, passed 1--96; Am. Ord. 07-0459, passed 3-13-07) Penalty, see § 10.99 § 154.056 R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT. (E) Accessory uses. (1) Detached garages not e�Eeeo, iag 1,000 squar-e feet, as referenced in 154.026; (2) Utility sheds not exceeding 200 square feet; (3) Gazebo or summer lawn -house; yard recreational equipment; (4) Signs, as regulated in §§ 154.140 through 154.144 of this chapter; and (5) Swimming pools or game courts designed for private use. § 154.061 C-1, NEIGHBORHOOD CONVENIENCE COMMERCIAL DISTRICT. (F) Other requirements. Refer to development standards in §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter for additional regulations pertaining to the following: (8) Pole baffis buildings; and § 154.062 C-2, AUTOMOTIVE SERVICE COMMERCIAL DISTRICT. (F) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter for regulations pertaining to: (8) Pole kms buildings; and § 154.063 C-3, CENTRAL COMMERCIAL DISTRICT. (E) Other requirements. Refer to §§ 154.015 through 154.026 of this chapter, regarding general requirements, and §§ 154.110 through 154.125 and 154.140 through 154.144, regarding development standards, for regulations pertaining to: (8) Pole kms buildings; and § 154.064 C-4, FRINGE COMMERCIAL DISTRICT. (F) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to: (8) Pole kms buildings ; and Ordinance Amendment Accessory Structures Planning Commission —1/19/16 Page 3 § 154.065 C-5, CONDITIONAL COMMERCIAL DISTRICT. (J) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to: (6) Pole kms buildings. § 154.066 UC, INDUSTRIAL/COMMERCIAL DISTRICT. (G) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to: (8) Poles buildings; and § 154.067 I-1, LIGHT INDUSTRIAL PARK DISTRICT. (F) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to: (8) Pole baffis buildings; and § 154.068 I-2, HEAVY INDUSTRY DISTRICT. (F) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to: (8) Pole kms buildings; and § 154.069 BP, BUSINESS PARK DISTRICT. (F) Other requirements. Refer to §§ 154.110 through 154.125 and 154.140 through 154.144 of this chapter, regarding development standards, for regulations pertaining to: (8) Pole baffis buildings; and § 154.123 POLE BUILDINGS/TUBE FRAME STRUCTURES/TEMPORARY BUILDINGS. (A) Pole buildings in Commercial, Business and Industrial Zoning Districts require a conditional use permit. Pole Buildings are regulated by _5154.026 for Residential Zoning Districts. TITLE AND SUMMARY OF ORDINANCE NO. 16-751 The following Ordinance is hereby published by title and summary: 1. Title of Ordinance: City of Hutchinson Zoning Ordinance Revisions (Chapter 154). An ordinance amending chapter 154, Zoning Ordinance, regarding accessory structures within the City of Hutchinson, Minnesota. 2. Summary of Ordinance: This ordinance amends, Chapter 154, which section regulates land usage within the City of Hutchinson, MN. More specifically, this ordinance amends the accessory structure requirements and pole buildings requirements within the City of Hutchinson. This Chapter applies in the City of Hutchinson, Minnesota. Except as otherwise provided herein, the Planning Director shall administer, implement, and enforce the provisions of this Chapter. This Ordinance shall take effect upon publication in accordance with the Hutchinson City Charter. 3. Availability of Ordinance: A complete, printed copy of this Ordinance is available for inspection by any person during regular business hours in the office of the City Clerk, This Ordinance was passed by the City Council of the City of Hutchinson on the 9th day of February, 2016. ATTEST: Matthew Jaunich, City Administrator Gary T. Forcier, Mayor First reading of the Ordinance: January 26, 2016 Second reading of the Ordinance: February 9, 2016 Publication No. Date of Publication: HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Ordinance No. 16-752 - Ordinance Authorizing Land Sale Department: Legal LICENSE SECTION Meeting Date: 1/26/2016 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Attached you will find a purchase agreement in which the City of Hutchinson is selling land at the corner of Hwy 7 East and High Street to Mach1 Properties LLC. Mach1 Properties, LLC has purchased the old Culligan Water building on Hwy 7. The land being conveyed to Mach1 Properties, LLC is unneeded highway right of way and will be used by Mach1 Properties,LLC to erect a sign for their insurance business. The actual business is Progressive Insurance Services and the agent is Stephen Schumaci. The sale price of $2914.60 was determined by using the same price per square foot the last time the City sold highway right of way, which was to the veterinary clinic located on on Hwy 7 West. The City Charter requires a public hearing before public land is vacated and that public hearing was held on December 15, 2015. The Planning Commission approved the vacation and the matter was before the City Council at its December 22, 2015, meeting. Finally, as part of the transaction, the City is reserving for itself an easement for utility purposes over the area being conveyed. Staff is recommending approval of this agreement so that the property can be sold and a business sign can be erected. The City Council held the first reading of this ordinance on January 26, 2016. The first reading was approved by a unanimous vote. BOARD ACTION REQUESTED: Approve second reading and adoption of Ordinance No. 16-752. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: ORDINANCE NO. 16-752 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: That part of vacated Fifth Avenue Northeast, formerly Second Street, lying northeasterly of and adjoining the northeasterly line of Lot 1, Block 15, NORTH HALF OF HUTCHINSON, according to the recorded plat thereof, decribed as follows: Commencing at the most easterly corner of said Lot 1; thence northwesterly, along the northeasterly line of said Lot 1 a distance of 8.61 feet to the point of beginning of said Fifth Avenue Northeast being vacated; thence North 03 degrees 11 minutes 31 second West, assuming the southeasterly line of said Lot 1 has a bearing of North 38 degrees 47 minutes 52 seconds East, a distanc eof 56.07 feet the centerline of said Fifth Avenue Northeast; thence northwesterly, along said centerline of Fifth Avenue Northeast 51.70 feet to the intersection with a line parallel with and distant 75.00 feet southerly of the centerline of Trunk Highway No. 7 and 22 as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 43-47, according to the recorded plat thereof (said centerline of Trunk Highway No. 7 and 22 being shown as the acquisition line thereon); thence westerly, along said parallel line, 59.76 feet to the intersection with the northeasterly prolongation of the northwesterly line of said Lot 1; thence southwesterly, along said northeasterly prolongation to the most northerly corner of said Lot 1; thence southeasterly, along the northeasterly line of said Lot 1 to the point of beginning. Subject to an easement for utility purposes in favor of the city of Hutchinson over, under and across that part of said Fifth Avenue Northeast being herein described. for good and valuable consideration in the amount of $2914.60 is hereby transferred and conveyed to Mach Properties LLC. Section 2. The City Administrator, Matthew Jaunich, 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 9th day of February, 2016. ATTEST: Gary T. Forcier Matthew Jaunich Mayor City Administrator HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Ordinance to sell City-owned land to Titanium Partners, First Reading Department: EDA LICENSE SECTION Meeting Date: 2/9/2016 Application Complete N/A Contact: Miles R. Seppelt Agenda Item Type: Presenter: Miles R. Seppelt Reviewed by Staff ❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: The City has been approached by a developer who wishes to construct a 54-room hotel on the northeast corner of State Hwys 7 & 15. The first step in the process would be signing a Purchase Agreement with the developer, Titanium Partners. City staff is proposing a sale price of $1 for the property, which encompasses all the lots from State Highway 7 over to Prospect Street. The developer is in the process of putting together a site plan for the project and a one-stop-shop is planned for February 16th. The developer is hoping to break ground on the project in early May and have the project completed by the end of October. BOARD ACTION REQUESTED: Approval of ordinance to sell land and authorization to sign purchase agreement Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: VACANT LAND PURCHASE AGREEMENT This Vacant Land Purchase Agreement (`Agreement') is made by and between the City of Hutchinson, a public body corporate and politic ("Seller') and Titanium Partners, LLC, a Minnesota limited liability company, or its assigns ("Buyer') as of this 11th day of January, 2016 ("Effective Date"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, vacant real property located in the City of Hutchinson, County of McLeod, Minnesota, described as follows: That part of Tracts A, B, C, D and E described below: Tract A. Lot 8. Block 13, Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota; Tract B. The south 146 feet of Lot 9, Block 13, Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota; the title thereto being registered; Tract C. The south 290 feet of Lot 10 and the south 204 feet of the west half of Lot 1, Block 13, Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota; Tract D. The south 132 feet of the cast half of Lot 11, Block 13, Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the Count Recorder in and for Mcleod County, Minnesota; Tract E. The south 97 feet of Lot 12, Block 13, "Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota; Tract F, Lot 7, Block 13, Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota; which lies northerly of bine 1 described below: bine 1. Beginning at Right of Way Boundary Corner B4 as shown on Minnesota Department of Transportation Right of Way Plat No. 43-46 as the same is on file and of record in the office of the County Recorder in and for said County; thence northwesterly on an azimuth of 295 degrees 14 minutes 20 seconds along the boundary of said plat for 246.14 feet to Right of Way Boundary Corner B3; thence deflect to the left along the boundary of said plat on a tangential curve, having a radius of 1492.40 feet and a delta angle of 04 degrees 52 minutes 30 seconds, for 126.98 feet to Right of Way Boundary Corner B2; thence on an azimuth of 290 degrees 21 minutes 51 seconds along the boundary of said plat for 97.59 feet to Right of Way Boundary Corner B1; thence deflect to the left along the boundary of said plat on a tangential curve, having a radius of 4417.08 feet and a delta angle of 03 degrees 06 minutes 57 seconds, for 240.21 feet to Right of Way Boundary Comer B4305 and the north and south quarter line of Section 31, Township 117 North, Range 29 West, and there terminating; together with that part of Tract F hereinbefore described, adjoining and westerly of the above described strip, which lies northerly of Line I described above and easterly of Line 2 described below: Line 2. Beginning at the point of termination of Line 1 described above; thence northerly on an azimuth of 03 degrees 09 minutes 38 seconds along the north and south quarter line of said Section 31 for 200.00 feet, more or less, to Right of Way Boundary Corner B4401 as shown on Minnesota Department of Transportation Right of Way Plat No. 43-44 as the same is on file and of record in the office of the County Recorder in and for said County; thence on an azimuth of 13 degrees 28 minutes 51 seconds along the boundary of said Plat No. 43-44 for 152.49 feet to Right of Way Boundary Comer B 12 and there terminating; Subject to the following restriction: No access shall be permitted to Trunk 1-lighway No. 7 or to Trunk l lighway No. 15 from the lands herein conveyed, except that access shall be permitted along the most southeasterly line thereof by way of Prospect Street. together with all easements and rights benefitting or appurtenant to the Iand (collectively, "Property' }. The purpose of this transaction is to allow Buyer to construct a mid-level (or higher) hotel on the property. 2. Purchase Price and Manner of Payment. The total purchase price ("'Purchase Price' } to be paid by Buyer to Seller for the Property shall be One Dollar ($1.00), and shall be payable in cash or certified funds at closing. Buyer shall pay Two Thousand, Five Hundred Dollars ($2,500.00) earnest money to Seller ("Earnest Maney'}, which will be held at Title Company (defined below). Seller acknowledges and agrees that at Closing (defined below), Buyer is entitled to a return of any Earnest Money remaining after payment of the Purchase Price and any Buyer closing costs. 3. Cl_ osin . The closing on the purchase and sale contemplated by this Agreement (the "Closing') shall occur within 15 days after the end of the Due Diligence Period (as hereinafter defined), or such other time as mutually agreed to by the parties (the "Closing Date"), at a title company reasonably selected by the parties ("Title Company"). Seller agrees to deliver possession of the Property immediately after Closing. 4. "As Is" Sale. Seller and Buyer agree that upon Closing, the Property shall be sold and that Buyer shall accept possession of the Property on the Closing Date "as is", where is, with all faults, except as specifically warranted and represented by Seller in this Agreement. 5. Good Faith, The parties agree to cooperate and act in good faith in completing this transaction as soon as reasonably possible. 6. Contingencies. The obligations of the Buyer under this Agreement are contingent upon the following: (a) Representations and Warranties. The representations and warranties of Seller contained in this Agreement .must be true now to the best of Seller's knowledge and on the Closing Date, as if made on the Closing Date. W Performance of Seller's Obliggions. Seiler shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. (c) Title Evidence. The condition of the Title Evidence (defined below) shall be found acceptable to Buyer. (d) Due Diligence and Disclosures. The period of time commencing on the Effective Date and ending on the date that is 180 days after the Effective Date, or such earlier date as Buyer elects, at Buyer's sole option and discretion, is referred to herein as the "Due Diligence Period'. Buyer shall have the right to conduct a due diligence inquiry as to the condition of the Property and Buyer's intended use of the Property during the Due Diligence Period. Such. investigation shall be at Buyer's expense, although Setter shall provide reasonable cooperation, including, but not limited to, (i) permitting Buyer or its agents to physically enter and inspect the Property, and (ii) providing Buyer with copies of any and all surveys, appraisals, engineering reports and any and all other documents in Seller's possession, if any, related to the condition and location of the Property. Buyer shall repair and restore any damage to the Property caused by or occurring during Buyer's inspection, and return the Property to substantially the same condition as existed prior to such entry. If Buyer is dissatisfied with the results of the due diligence investigations(s), Buyer may terminate this Agreement by giving written notice to Seller on or before the Due Diligence Period. Buyer may close the Due Diligence Period early, at Buyer's sole option and discretion, by providing Seller with written notice that Buyer has completed due diligence and is electing to close on the purchase and sale contemplated by this Agreement. 7. Termination. Buyer shall have until the end the Due Diligence Period to cancel this Agreement for any failed contingency or any other reason, in Buyer's sole option and discretion, 8. Documents to be Delivered to Buyer at Closing. On the Closing Date, Seller shall execute and deliver to Buyer the following documents: (a) Warran Deed. A Warranty Deed conveying marketable title to the Property, subject to the following exceptions; (i) zoning laws, ordinances and regulations; and (ii) agreements, easements, conditions, reservations, covenants and restrictions of record, reasonably acceptable to Buyer. (b) Other Documents. Any other document(s) reasonably determined by Buyer or Title Company, to be necessary to transfer the Property, free and clear of all encumbrances except as otherwise provided herein. 9. Items to be Delivered to Seiler at Closing. On the Closing Date, Buyer shall execute and/or deliver to Seller the following: (a) Purchase Price. The Purchase Price by cash, cashier's check or wire transfer. (l3) Other Documents. Any other document(s) reasonably determined by Seller to be necessary to carry out the terms of this Agreement and close the transaction. 10. Evidence of Title. 'Within 30 days after the date of this Agreement, or such longer period as the parties hereto may agree, Seller shall, at Seller's sole cost and expense, deliver to Buyer the following: (a) SMev. A current ALTA survey of the Property prepared by a registered land surveyor in form acceptable to and including all information requested by the Buyer (the "Survey"); and (b} Title Commitment. A commitment from Title to issue an ALTA Owner's Policy of Title Insurance, insuring Buyer's title to the Property (the "Title Carritnitmenf'). Title Commitment shall have an effective date no earlier than the date of this Agreement. The Survey and the Title Commitment are sometimes referred to in this Purchase Agreement collectively as the "Title Evidence," Buyer will have until the end of the Due Diligence Period to provide Seller with written objections ("Objections") to the Property based upon the Title Evidence. Seller will have 60 bays from receipt of Buyer's written. Objections to cure the Objections to the reasonable satisfaction of Buyer. Seller will have 10 business days after it receives the Objections to notify Buyer whether Seller intends to cure the Objections. If Seller notifies Buyer that Seller intends to cure the Objections, then Closing will be delayed for up to 60 days, pending cure of the Objections. Cure of the Objections by Seller shall be reasonable, diligent, and prompt, Pending cure of the Objections, all Payments required herein and the Closing will be postponed, If the only Objections are for liens or encumbrances for liquidated amounts that can be released, then there will be no delay in the Closing. If Seller does not notify Buyer that Seller intends to cure the Objections or if Seller notifies Buyer that Seller intends to cure but the Objections are not cured within the 60 day period provided for above, thea, at Buyer's option: (i) this Purchase Agreement shall be null and void and neither party shall be liable to the other, and all Earnest Money paid by the Buyer will be refunded to Buyer or (ii) Buyer may elect to proceed, subject to uncured Objections, in which event, Closing shall proceed. 11. Proration$ and Costs. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: (a) Title Insurance and Closing Fee. Seller will pay the cost of the title search for obtaining the Title Commitment. Buyer will pay the premium for the cost of the issuance of any Owner's Title Policy. Buyer will pay arty reasonable and customary closing fee or charge imposed by the Title Company, (b) Beed Tax. Any and all deed tax shall be paid by Seller. (e) Propm Taxes and Special Assessments. On or before the Closing Date, all real estate taxes and special assessments shall be paid as follows: i Seller shall pay all real estate taxes payable in all years prior to the year of closing. ii Seller shall pay all special assessments including, but not limited to, sewer and water assessments payable in all years prior to the year of Closing and the year of Closing. iii General real estate taxes and special assessments payable in the year of Closing shall be prorated between Seller and Buyer as of the Closing Date. iv Buyer shall pay all general real estate taxes and installments of special assessments payable in all years following the year of Closing. (d) Attorneys' Fees. Each of the parties shall pay their own attorneys' fees, except that a party defaulting under this Agreement shall pay the reasonable attorneys' fees and court costs incurred by the non -defaulting party, including such fees and costs incurred to enforce its rights regarding such default. 12. Representations and Warranties by, Seiler. To the best of Seller's knowledge, Seller represents and warrants to Buyer as follows. (a) Seller's Documents. The documents delivered by Seller to Buyer at Closing will be valid and binding obligations of Seller, and will be enforceable in accordance with their terms. (b) Title toPronerty. Seller owns the Property which is, and/or at the time of Closing will be, free from all liens and encumbrances, except as specifically indicated by this Agreement or otherwise agreed to by Buyer. (c) Authorily and Ca acit . Seller has full authority to enter into this Agreement and complete capacity to understand the terms hereof. (d) Risk gf Loss. To the extent the Property suffers any damage prior to the Closing Date, Buyer shall have the option of canceling this Agreement. (e) FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust," or "foreign corporation" under Internal Revenue Cocke Section 1445, and the rules and regulations promulgated thereunder. (f) NlethamphetgLine Disclosure. Seller discloses and certifies that, to the best of Seller's knowledge, methamphetamine production has not occurred on the Property. (g) Wells and Septic Systems. Seller certifies that Seller does not know of any wells within the Property. Seller certifies that Seller is not aware of any septic system or other private sewer system on the Property. (b) Environmental Condition. To the hest of the Seller's knowledge, there are no Hazardous Substances located on the Property; the Property is not subject to any liens or claims by government or regulatory agencies or third parties arising from the release or threatened release of Hazardous Substances in, on or about the Property; the Property has not been used in connection with the generation, disposal, storage, treatment or transportation of Hazardous Substances; and there have been no releases, spills or other discharges of Hazardous Substances on the Property. For purposes of this Agreement, the term "Hazardous Substance" includes but is not limited to substances defined as "hazardous substances," "toxic substances" or "hazardous wastes" in the Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. §§9601, et seq., and substances defined as "hazardous wastes," "hazardous substances," "pollutants or contaminants" as defined in the Minnesota Environmental Response and Liability Act, Minnesota Statutes Section 115B.02, et seq. The term "Hazardous Substance" also includes asbestos, polychlorinated biphenyls, petroleum (including crude oil or any fraction thereof}, petroleum product or heating oil. Seller agrees that Seller shall indemnify and hold Buyer, its officers, employees, attorneys, successors and assigns, harmless from any costs, actions, damages, claims, liens, judgments or any expenses of any type or nature whatsoever relating to or arising from any environmental hazards, conditions or contamination or any hazardous waste or materials or substances existing upon. the Property on the date of Closing. (i) Airport Zoning Disclosure. If airport zoning regulations affect the Property, a copy of those airport zoning regulations as adopted can be viewed or obtained at the office of the county recorder where the Property is located. 0) Rights of Others to Purchase Proyerty. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement on the terms herein. (k) Proceedings. There is no action, litigation, investigation, condemnation, or proceeding of any kind pending or threatened against Seller or any portion of the Property. 13. Representations and 'Warranties by Buver, Buyer hereby represents and warrants to Seller (as of the date of this Agreement and as of the Closing Date) that Buyer has full power, authority and capacity to enter into and perforin this Agreement in accordance with its teens. 14. Final Property Inspection. Seller covenants that between the date of the execution of this Agreement and the Closing Date, Seller will continue to maintain the Property in a fashion that is lawful and consistent with Seller's past practices. Seller will not change or permit the change of the Property in any material way. In addition, Buyer shall be entitled to a final inspection of the Property prior to Closing. 15. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property, Seller shall immediately give notice to Buyer of such act and this Agreement shall terminate, in which event neither party shall have any further obligations under this Agreement and the Earnest Money shall be refunded to Buyer. 16. Damage. If, prior to the Closing Date, all or any part of the Property is materially damaged casualty, the elements, or any other cause, Seller shall immediately give notice to Buyer of such fact. If the property is damaged by casualty, the elements or any other cause, then this Agreement shall be null and void at Buyer's option provided, however, that if Buyer desires to proceed with its purchase of the Property, Seiler shall assign any available insurance proceeds to Buyer. 17. Assi&nment. Either party may assign its rights under this Agreement before or after the Closing. 18. Notices. Any notice required or permitted to be given by any party upon the other is deemed delivered in accordance with this Agreement (a) four (4) business days after it is deposited in the United States trail; (h) 24 hours after it is deposited with a nationally - recognized over -night courier; (G) when it is personally delivered; or (d) when it is sent by electronic transmission, and addressed as follows - If L o ollows: Imo Seller: City of Hutchinson Attn: Miles R. Seppelt Economic Development Director 11 I Hassan Street SE Hutchinson, MN 55350 Email: mse elt cnr ci.hutchinson,mn.us If to Buyer: Titanium Partners, LLC Attn.: Brian ,Fortier 207 Misquah Rd. Duluth, MN 55804 Email:bforcier.Ititaniumpartnersllc.com With copy to: Paul A. Loraas Fryberger, Buchanan, Smith & Frederick, P.A. 302 W. Superior St., Suite 700 Duluth, MN 55802 Email: ploraas a.fryberger.com Notices shall be deemed effective on the date they are deemed to be delivered. Any party may change its address for the service of notice by giving written notice of such change to the other patty, in any manner above specified, 10 days prior to the effective date of such change. 19. Survival. Those provisions set forth in this Agreement relating to representations, warranties, indemnification, proration and payment of expenses, and the availability of attorney's fees upon default of the surviving provisions, shall survive the termination of this Agreement. 20. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving five (5) business days written notice to Buyer. If Buyer fails to cure such default within 5 business days of the date of such notice, this Agreement shall terminate and Seller may retain the Earnest Money and/or exercise any and all rights and remedies available at law or in equity, including, but not Iinlited to, the right to recover money damages and seek specific performance. If Seller defaults under this Agreement, Buyer shall give written notice to Seller. If Seller fails to cure such default within five (5) business days, Buyer shall have the right to terminate this Agreement without further notice and the right to seek recovery of money damages or to seek specific performance of this Agreement. If any dispute arises from the default of either party, the prevailing party shall be entitled to recover their reasonable attorneys fees and expenses. 21. Binding Effect. This Agreement, including the reversionary clause contained in Section 27, binds and benefits the parties and their successors and assigns. 22. Choice of Law. This Agreement shall be subject to and governed by the laws of the State of Minnesota and all questions concerning the meaning or intention of the terms of this Agreement or concerning the validity thereof, and questions relating to the performance hereunder shall be adjudged and resolved in accordance with the laws of the State of Minnesota. 23. Representation by Attorney, Seller and Buyer acknowledge that each has been represented by an attorney of its own choice with respect to entry into this Agreement or has had an opportunity to be represented by an attorney. Seller acknowledges and agrees that Fryberger, Buchanan, Smith & Fredericks, P.A. is representing Buyer in regards to this Agreement, and has not provided any legal advice to Seller. 24. Time of Essence. Time is of the essence in all terms herein. 25. Scrivener's Errors. Seller acknowledge and agree that Buyer may correct any typographical or scrivener's errors in this Agreement without the consent of Seller in order to effectuate the terms of this Agreement. In the event Buyer makes any such revisions, Buyer will provide a copy of the revised document(s) to Seller. 26. Entire Agreement; Modification; Counter arts and Electronic Signatures. 1 -his written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver or amendment of any of its terms shall be effective unless in writing executed by the parties. This Agreement or any amendments may be executed in counterparts, which, taken together, shall constitute one original. The parties agree that this Agreement may be transmitted between themselves by facsimile, email or other electronic means. The parties intend that scanned, faxed, emailed or other electronically produced and/or transmitted signatures constitute original signatures and that a faxed, emailed or other electronically produced and/or transmitted agreement or counterparts containing the signatures of all the parties is binding upon the parties. 27. Reverter. Should Buyer fail to obtain a certificate of occupancy for a mid-level hotel or greater prior to October 31, 2017, Buyer shall forfeit all right, title and interest in the property, and any improvements thereto, and the property shall revert to Seller with Buyer executing all documents, including a Warranty Deed in favor of Seller, in order to complete the reverter. Seller and Buyer have executed this Agreement as of the date set forth above. SELLER CITY OF HUTCHINSON By: Its: -and- By: Its; BUYER TITANIUM PARTNERS, LLC Brian I~ order Its; C7 ORDINANCE NO. 16-753 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: That part of Tracts A, B, C, D and E described below: Tract A. Lot 8, Block 13, Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota; Tract B. The south 146 feet of Lot 9, Block 13, Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota; the title thereto being registered; Tract C. The south 200 feet of Lot 10 and the south 200 feet of the west half of Lot 1, Block 13, Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota; Tract D. The south 132 feet of the east half of Lot 11, Block 13, Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the Count Recorder in and for McLeod County, Minnesota; Tract E. The south 97 feet of Lot 12, Block 13, Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota; Tract F. Lot 7, Block 13, Townsite of Hutchinson, North Half, according to the plat thereof on file and of record in the office of the County Recorder in and for McLeod County, Minnesota; which lies northerly of Line 1 described below: Line 1. Beginning at Right of Way Boundary Corner B4 as shown on Minnesota Department of Transportation Right of Way Plat No. 43-46 as the same is on file and of record in the office of the County Recorder in and for said County; thence northwesterly on an azimuth of 295 degrees 14 minutes 20 seconds along the boundary of said plat for 246.14 feet to Right of Way Boundary Corner B3; thence deflect to the left along the boundary of said plat on a tangential curve, having a radius of 1492.40 feet and a delta angle of 04 degrees 52 minutes 30 seconds, for 126.98 feet to Right of Way Boundary Corner B2; thence on an azimuth of 290 degrees 21 minutes 51 seconds along the boundary of said plat for 97.59 feet to Right of Way Boundary Corner B 1; thence deflect to the left along the boundary of said plat on a tangential curve, having a radius of 4417.08 feet and a delta angle of 03 degrees 06 minutes 57 seconds, for 240.21 feet to Right of Way Boundary Corner B4305 and the north and south quarter line of Section 31, Township 117 North, Range 29 West, and there terminating; together with that part of Tract F hereinbefore described, adjoining and westerly of the above described strip, which lies northerly of Line 1 described above and easterly of Line 2 described below: Line 2. Beginning at the point of termination of Line 1 described above; thence northerly on an azimuth of 03 degrees 09 minutes 38 seconds along the north and south quarter line of said Section 31 for 200.00 feet, more or less, to Right of Way Boundary Corner B4401 as shown on Minnesota Department of Transportation Right of Way Plat No. 43-44 as the same is on file and of record in the office of the County Recorder in and for said County; thence on an azimuth of 13 degrees 28 minutes 51 seconds along the boundary of said Plat No. 43-44 for 152.49 feet to Right of Way Boundary Corner B 12 and there terminating; Subject to the following restriction: No access shall be permitted to Trunk Highway No. 7 or to Trunk Highway No. 15 from the lands herein conveyed, except that access shall be permitted along the most southeasterly line thereof by way of Prospect Street. for good and valuable consideration in the amount of $1.00 is hereby transferred and conveyed to Titanium Partners LLC. Section 2. The City Administrator, Matthew Jaunich, 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 23rd day of February, 2016. Gary T. Forcier Mayor ATTEST: Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Filing of a Petition to Request Amendments to the MPCA Riverine Standards Department: PW/Wastewater LICENSE SECTION Meeting Date: 2/9/2016 Application Complete N/A Contact: John Paulson/Kent Exner Agenda Item Type: Presenter: John Paulson/Kent Exner Reviewed by Staff ❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The Coalition of Greater Minnesota Cities (CGMC) and Minnesota Environmental Science and Economic Review Board (MESERB) at their respective Fall membership meetings authorized filing a petition for rulemaking with the Minnesota Pollution Control Agency (MPCA) seeking to have the MPCA amend its newly adopted riverine standards based upon the post-rulemaking identification of new evidence, which demonstrates such rules have relied upon two factors (dissolved oxygen (DO) flux and the five-day biochemical oxygen demand (BOD5) test) for purposes of identifying nutrient impairment not accepted by the scientific community or the U.S. EPA for use for such purposes. As a result, the current MPCA riverine standards rule is significantly flawed, and CGMC and MESERB desire at this time to present such information to the MPCA in the form of a petition for rule amendments so that the MPCA can take the appropriate steps necessary to correct the rule. The City of Hutchinson has been requested by CGMC and MESERB to petition the MPCA to amend it Riverine Eutrophication Standards due to the standards not being based on sound science. Additional information is attached for your reference, and includes additional background and a technical explanation of the need and reasonableness of the petition. City staff will be available to answer any questions that you may have. BOARD ACTION REQUESTED: Approval of Resolution 14522 Authorizing Flaherty & Hood, P.A. to File a Petition on Behalf of the City for Amendment to MN Rules 7050.0150, .0220, and .0222 to the MPCA and MN Office of Administrative Hearings Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON, MINNESOTA CITY COUNCIL RESOLUTION 14522 A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA AUTHORIZING FLAHERTY & HOOD, P.A. TO FILE A PETITION ON ITS BEHALF FOR AMENDMENT TO MINNESOTA RULES 7050.0150, .0220, AND .0222 TO THE MINNESOTA POLLUTION CONTROL AGENCY AND THE MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS PURSUANT TO MINNESOTA STATUTES, SECTION 14.091 WHEREAS, the Minnesota Pollution Control Agency (herein "MPCA" or the "Agency") adopted certain new and revised water quality standards and criteria for rivers and streams under Minn. R. 7050.0150, .0220, and .0222 (herein the "riverine standards") on June 24, 2014; and WHEREAS, the riverine standards rely in part on scientifically unsupported applications of (1) a test used to determine biochemical oxygen demand (BOD) in water bodies over a five day period (BODS), and (2) a measurement of dissolved oxygen variation (DO flux) in water bodies, to determine whether a measured body is impaired because of nutrient growth, and thus whether a violation of the riverine standards has occurred; and WHEREAS, the City owns and operates a wastewater treatment facility that is regulated by the MPCA and subject to National Pollution Discharge Elimination System Permit No. MN0055832, which expires on March 31, 2017, the terms and conditions of which will likely be influenced by MPCA's application of the riverine standards; and WHEREAS, significant new evidence has come to light since the MPCA formally adopted the riverine standards on June 24, 2014 (as listed in Paragraph 2 below) which demonstrates that neither BODS nor DO flux are reliable indicators of nutrient impairment; and WHEREAS, Minn. Stat. § 14.091, subd. (a) authorizes the elected governing body of a city, county or sanitary district to petition for amendment or repeal of a rule or a specified portion of a rule by submitting a written petition to the agency and to the Office of Administrative Hearings (OAH) when "significant new evidence relating to the need for or reasonableness of the rule" has become available since the adoption of the rule in question; and WHEREAS, on the basis of the significant new evidence listed in Paragraph 2 below, the City wishes to petition the MPCA and OAH for amendment of the riverine standards to correct their unsupported applications of BODS and DO flux to determine whether a measured body is impaired because of nutrient growth, and thus whether a violation of the riverine standards has occurred. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL THAT: Pursuant to Minn. Stat. § 14.091, the City Council hereby approves the filing of a petition on its behalf, in form and substance consistent with the attached Appendix A (the "Petition"), requesting amendments to Minn. R. 7050.0150, .0220, and .0222 on the basis of significant new evidence relating to the reasonableness of these rules discovered after the MPCA adopted amendments thereto to impose water quality standards and criteria for rivers and streams on June 24, 2014. 2. The significant new evidence upon which the Petition is based includes the following: a. A Freedom of Information Act request from Hall & Associates to EPA for public records regarding the use of the BODS test as a valid nutrient impairment indicator dated November 6, 2014 and EPA's response thereto dated December 5, 2014, in which EPA conceded that it possesses no documentation supporting the use of the BODS test as a proper nutrient response criterion. (Exhibit 7 to the Petition.) b. A memorandum published on November 19, 2014 by Andrew Eaton, of the Joint Editorial Board of the Standard Methods for the Examination of Water and Wastewater, the expert that EPA relies upon for proper test development and usage (see 40 C.F.R. § 136.3) and the entity that developed the BODS test, clarifying that BODS should not be used as a parameter to evaluate the presence of a nutrient impairment. (Exhibit 8 to the Petition.) c. A Freedom of Information Act request from Hall & Associates to EPA for public records indicating that DO flux, by itself, causes aquatic life impairment, dated July 31, 2014, EPA's response thereto dated September 12, 2014, and follow up correspondence, in which EPA affirmed that it possesses no documentation supporting the use of DO flux as an aquatic life impairment parameter. (Exhibit 9 to the Petition.) d. Excerpts from the Minnesota Environmental Science and Economic Review Board's Motion to Supplement the Administrative Record, December 5, 2014, in Minnesota Court of Appeals Case No. A14-1694 (870 N.W.2d 97), and MPCA's Response to Petition to Supplement the Record, December 11, 2014, in which MPCA admitted that it possesses no information indicating that it ever requested any of the expert peer reviewers tasked with reviewing its riverine standards to specifically address the BODS and DO flux issues. (Exhibit 10 to the Petition.) 3. The City retains and authorizes the law firm of Flaherty & Hood, P.A. to submit the Petition on the City's behalf and thereafter to represent the City in all subsequent proceedings administered by the MPCA and/or OAH concerning the Petition. 2 PASSED by the City Council of the City of Hutchinson on this 9m day of February, 2016. ATTEST Matt Jaunich City Administrator Gary Forcier Mayor PETITION FOR RULE AMENDMENT TO THE MINNESOTA POLLUTION CONTROL AGENCY Pursuant to Minnesota Statutes § 14.091 Petitioners: [City of [City of ] [City of [City of ] Sanitary District] I Sanitary District] I Sanitary District] Addresses: Please see list on Appendix A. Petitioners request that the agency named above: Adopt a new rule governing X Amend Minnesota Rules, part(s) Minn. R. 7050.0150, .0220, and .0222 Repeal Minnesota Rules, part(s) 1. Introduction The elected governing body of a city, county or sanitary district has a statutory right to petition for amendment or repeal of a rule or a specified portion of a rule by submitting a written petition to the agency and to the Office of Administrative Hearings (OAH) when "significant new evidence relating to the need for or reasonableness of the rule" has become available since the adoption of the rule in question. Minn. Stat. § 14.091, subd. (a). The Minnesota Pollution Control Agency (herein "MPCA" or the "Agency") adopted certain new and revised water quality standards and criteria for rivers and streams under Minn. R. 7050.0150, .0220, and .0222 (herein the "riverine standards") on June 24, 2014.1 The riverine standards rely in part on scientifically unsupported applications of (1) a test used to determine biochemical oxygen demand (BOD) in water bodies over a five day period (BODS), and (2) a measurement of dissolved oxygen variation (DO flux) in water bodies, to determine whether a measured body is impaired because of nutrient growth, and thus whether a violation of the riverine standards has occurred. Significant new evidence has come to light since the MPCA formally adopted the riverine standards on June 24, 2014 which demonstrates that neither BODS nor DO flux are reliable indicators of nutrient impairment. First, a memorandum published on November 19, 2014 by the Standard Methods board of editors, the very experts responsible for the development and use of the BODS test incorporated by MPCA into the riverine standards, expressly confirmed that it is improper to use BODS as an impairment response criterion for nutrients (as MPCA has done in the riverine standards). Second, the United States Environmental Protection Agency (EPA) confirmed in its responses to several Freedom of Information Act (FOIA) requests between September 12, 2014 and December 5, 2014, that, among other things, it did not have any records concerning the use of BODS as a nutrient response criterion or which supported using DO flux as a response variable for identification of nutrient impairment (in contradiction of MPCA's statements during rulemaking that EPA scientists reviewed and supported MPCA's use of BODS and DO flux as nutrient impairment indicators). Relatedly, MPCA has now admitted in court filings that it possesses no information indicating that it ever requested any of the peer reviewers tasked with reviewing its riverine standards to specifically address the BODS and DO flux issues (again in contradiction of MPCA's statements during rulemaking). This significant new evidence undermines the scientific rationale for and reasonableness of the riverine standards' use of BODS and DO flux as indicators of nutrient impairments, and Petitioners accordingly now petition under Minn. Stat. § 14.091 for the amendment of the riverine standards to remove the BODS and DO flux response variables, as shown supra in Section 4. 2. Background: Regulatory Framework The Clean Water Act Section 303(c) requires states to adopt water quality standards to protect aquatic life and public health and, as explained in EPA's implementing rules, such criteria are set at the level "necessary to protect the adopted uses." 33 U.S.C. §1313(c); 40 I The rule amendments also affected Minn. R. 7050.0205, .0467 (which was repealed), and .0468, but such sections are not at issue in this petition. 2 C.F.R. 131.2.2 In Minnesota, the MPCA is entrusted with the authority "to establish and alter such reasonable pollution standards for any waters of the state in relation to the public use to which they are or may be put as it shall deem necessary for the purposes of this chapter ...." Minn. Stat. § 115.03, subd. 1(c) (emphasis added). Federal law also requires that the adopted numeric criteria be based on "sound scientific information". 40 CFR 131.5(a)(2). Water quality standards (WQS), including the riverine standards, are a performance- based regulatory system in which the WQS identify, using the best -available science, the conditions that must exist in Minnesota's water bodies to fully support each waters' designated uses. Attaining the designated use is the objective of the WQS. Under Minn. Stat. § 14.14, subd. 2, and Minn. R. 1400.2100, "the agency must establish the need for and reasonableness of a proposed rule by an affirmative presentation of facts." All WQS must be based on causation; i.e., exceedance of a given threshold of a given pollutant is deemed to impair one or more designated uses for a given body of water.3 This assessment requires two basic demonstrations: (1) identification of an impairment threshold; and (2) a demonstration of how the pollutant is causing the adverse effect on aquatic life and/or recreational uses (often with laboratory studies). See Minn. R. 7050.0150, subp. 1; and Minn. R. 1400.2070, subp. 1. 3. Detailed Explanation of Need for Rule Amendment The stated purpose of the riverine standards is to prevent excessive plant growth in rivers and streams due to elevated nutrient levels. Minn. R. 7050.0222, subps. 2b(D), 3b(D), 4b(D). Where such plant growth is natural, not controlled by nutrient levels or not excessive, nutrient 2 The CWA calls "standards" the combination of designated beneficial uses, and the criteria necessary to achieve those uses. Minnesota law tends to refer to the latter as simply "standards," and so for purposes of this petition the term "standards" shall encompass what are called "criteria" in the federal Clean Water Act. See discussion at R. 00113-15 (SONAR Book I); see also 40 C.F.R. 131.3(i), 40 C.F.R. 131.11(a). ' See Minn. R. 7050.0150, subp. 1: "The intent of the state is to protect and maintain surface waters in a condition which allows for the maintenance of all existing beneficial uses. The condition of a surface water body is determined by its physical, chemical, and biological qualities. The agency shall determine an exceedance of water quality standards or an impaired condition based on pollution of the waters of the state from point and nonpoint sources that has resulted in degradation of the physical, chemical, or biological qualities of the water body to the extent that attainable or previously existing beneficial uses are actually or potentially lost." (emphasis supplied) levels do not require regulation. See Minn. R. 7050.0150, subps. 5 and 5a; see also Minn. R. 7050.0170. A river or stream segment is considered impaired for nutrients under the riverine standards if (1) the total phosphorous (TP) value is exceeded, and (2) any one or more of four identified "response variables" (i.e. sestonic chlorophyll a, DO flux, BODS), which the riverine standards use to gauge when the aquatic environment is directly responding to phosphorus inputs, is also exceeded. See Minn. R. 7050.0150, subp. 5b. The riverine standards prescribe numeric values for each of these response variables, according to any one of three "river nutrient regions" (herein "RNRs"), with separate values prescribed for some mainstem navigable pools. Minn. R. 7050.0222, subps. 2, 2b, 3, 3b, 4, and 4b. The regulatory effect of declaring a waterbody nutrient impaired is significant. First, a Total Maximum Daily Load ("TMDL") must usually be prepared for all waterbodies that are nutrient impaired as a means to determine and allocate the total amount of nutrients a waterbody can retain without violating the water quality standard. See 33 U.S.C. § 1313(d); 40 C.F.R. § 130.2(h) -(i); 40 C.F.R. § 130.7(c). Second, dischargers to impaired waterbodies - whether a TMDL has been issued or not - customarily receive more stringent water quality -based effluent limitations under 40 C.F.R. § 122.44(d). As a means to comply with nutrient TMDLs and/or the more stringent permit limitations, permittees on waterbodies designated as nutrient impaired will have to expend resources to reduce nutrient discharges, creating additional solid waste for disposal, consuming electricity and chemical usage. Such technology comes at cost to the municipal permittees, which can only be funded through municipal bonds and tax hikes to the constituents. The MPCA's use of BODS and DO flux as nutrient impairment criteria in the riverine standards was scientifically problematic, and the source of challenges by the regulated community, in particular by the Minnesota Science and Economic Review Board (MESERB), during the MPCA's public rulemaking process and in a declaratory judgment action following the MPCA's formal adoption of the riverine standards. See MESERB et al. v. Minnesota Pollution Control Agency, 870 N.W.2d 97 (Minn. Ct. App. 2015). The Court of Appeals declared the riverine standards to be valid, but, at MPCA's request, expressly did not consider the new evidence upon which this petition is based. See Ex. 1, Court of Appeals' Order denying motion to supplement administrative record. BODS Test Issues The BODS test is designed to measure oxygen demand from organic substances. Minn. R. 7050.0150, subp. 4. Nutrients are added to a water sample and the test is run for five days "in the dark" which, in the presence of live algae, causes an oxygen demand that does not exist in the .19 real world. As noted by Dr. Steven Chapra, one of the foremost authorities on nutrient impairment evaluation, the BODS test measures the effects of numerous non -nutrient parameters (organic substances, nitrogenous material) and is artificially inflated by effects from live algae placed in the dark for five days. Therefore, utilizing this test with ambient samples containing live algae would very likely produce a BOD reading that does not actually exist and is simply an artifact of the test method. See Ex. 2, Chapra Analysis of BODS ("It is my assessment that the creation of a BODS criteria as a nutrient impairment indicator is fundamentally flawed and not consistent with accepted scientific practices for assessing nutrient impacts in streams or any other natural waters.") Consequently, no federal nutrient criteria development guidance document has ever recommended regulating BOD as a nutrient impairment indicator. The inclusion of the BODS test as a nutrient impairment response variable in the riverine standards will inevitably lead to the classifications of rivers and streams as impaired even when there is, in fact, no impairment related to nutrients. b. DO flux issues Regarding the DO flux variable, MESERB noted that DO flux, by itself, is not an appropriate response variable for prevention or identification of nutrient impairment either. See Ex. 3, MESERB comments on DO flux. Use of DO flux as a nutrient response variable to identify aquatic life impairment, as opposed to minimum DO, has not been accepted by the scientific community and has not been endorsed in any EPA guidance documents dealing with the development of nutrient criteria. As with the BOD test, this response criteria is affected by other, non -nutrient, natural factors (e.g., temperature, natural plant growth, stream depth, existence of wetlands, and velocity) and one cannot assess the ecological significance of the measured DO flux without conducting further detailed assessments. MPCA's use of this metric as an indicator of nutrient -induced use impairment was also unprecedented. Expert testimony from Thomas Gallagher, unrefuted by MPCA, confirmed that the DO flux level selected by MPCA is exceeded naturally in many waters. MPCA acknowledged that it had not evaluated the range of naturally occurring DO flux found in waters with healthy fisheries. See Ex. 4, Thomas Gallagher analysis and MPCA acknowledgement it did not evaluate the range of naturally occurring DO flux found in waters with healthy fisheries. MPCA's rulemaking defense of BODS and DO flux criteria During rulemaking on the riverine standards, the MPCA refused to alter its approach and modify the rule to account for the shortcomings in using BODS and DO flux as nutrient response variables, and addressed the regulated community's objections to using these criteria not with specific scientific evidence supporting its position, but with general claims that these objections had been fully addressed by peer reviewers and the EPA, as exemplified by the following testimony: ... EPA had multiple reviewers of all of the materials submitted in the Statement of Need and Reasonableness, the technical support documents and the rule revisions. Each of those reviewers, I assume, reviewed the scientific analysis and, in whole, the conclusion was that EPA supported the scientific analysis. See Ex. 5, MPCA statements referencing EPA review and approval of nutrient response variables. (emphasis supplied) I want to stress that we did not reach this point alone... We've been working very closely with EPA Region 5 scientists, nutrient experts, since the mid'90s, early on, in the development of the technical support documents. We shared a draft with EPA Region 5 and EPA region -- or the headquarters of EPA, who then contracted with three independent scientific peer reviewers. Their comments and the discussion that ensued led to additional analysis, improvements, modifications, and, really, a stronger scientific package. Id (emphasis supplied). Following a public hearing on the rule amendments before an Administrative Law Judge (ALJ) on January 8, 2014, the ALJ issued his report on May 2, 2014, in which he recommended that the rule amendments be adopted. See Report of the Administrative Law Judge, In re the Proposed Rules of the Pollution Control Agency for Rule Amendments Governing Water Quality Standards - River Eutrophication, Total Suspended Solids and Minor Corrections and Clarifications to Minnesota Rules 7050 and 7053.4 The ALJ cited EPA's "preliminary evaluation" that the riverine standards "appear to be scientifically defensible" in his findings supporting his recommendation (although EPA did not specifically reference MPCA's use of BODS and DO flux). Id , ¶¶ 101-102. MPCA thereafter formally adopted the riverine standards on June 24, 2014 and published notice of adoption of the Standards in the Minnesota State Register on August 4, 2014. See Ex. 6, Published notice of adoption of riverine standards. 4 Available online at: http://mn.gov/oah/images/2200-30791%20Eutrophician%20Rule%20Report.pdf 6 d. New evidence necessitatinz rule amendment Following the MPCA's adoption of the riverine standards, counsel for MESERB submitted a FOIA request to EPA regarding the use of the BODS test as a valid nutrient impairment indicator. See Ex. 7, BODS FOIA Request/Response. In its response to the FOIA request, EPA conceded that it possesses no documentation supporting the use of the BODS test as a proper nutrient response criterion, thus negating MPCA's claims during rulemaking that EPA had reviewed and agreed with its use of the BODS test in the riverine standards. Id Further, The Standard Methods, the expert that EPA relies upon for proper test development and usage (see 40 C.F.R. § 136.3) and the entity that developed the BODS test in the first place, published a memorandum on November 19, 2014 for the purpose of clarifying that BODS should not be used as a parameter to evaluate the presence of a nutrient impairment. See Ex. 8, Standard Methods Memo on BODS test. In this publication the Standard Methods board of directors specifically instructed that "[t]he BOD test (Standard Method S21 0 B) is not considered to provide an appropriate measure of nutrient pollution nor is it a valid predictor of nutrient impacts.") (emphasis supplied.) 5 This new evidence confirms that the BODS test is simply being misapplied in the riverine standards as it plainly was not designed to be, and is incapable of reliably predicting nutrient impairment in the environment. Therefore, use of this test to identify nutrient impaired waters is clearly not scientifically defensible, in violation of 40 CFR 131.5 Humana ofAurora v. Heckler, 7S3 F.2d 1579, 1583 (10th Cir. 1985) ("When an agency [decision is] based on a study [that is] not designed for the purpose and which is limited and criticized by its authors on points essential to the use sought to be made of it, the administrative action is arbitrary and capricious and a clear error in judgment."'). Moreover, courts in Minnesota prevent the admission into evidence of the results of a scientific test that was not correctly applied or not intended to demonstrate a scientific/factual issue. See Goeb v. Tharaldson, 615 N.W.2d 800, 810 (Minn. 2000) (in order for scientific evidence to be admissible "[t]he scientific technique must be generally accepted within the relevant scientific community, and the particular evidence introduced must have a scientifically reliable foundation") (citing Frye v. United States, 293 F. 1013 (D.C.Cir.1923), and State v. Mack, 292 N.W.2d 764, 768-69, 772 (Minn. 1980)). A fortiori, the riverine standards must not be allowed to misapply the BODS test to predict nutrient impairments (and thus violations of the 5 Eaton, A. November 19, 2014. Memorandum: RE: BOD as an Indicator of Nutrient Pollution. Standard Methods for the Examination of Water and Wastewater Joint Editorial Board. Available at https://www.standardmethods.org/PDF/BOD Nutrient Pollution _Memo 2014.pdf 7 riverine standards) when such test was not designed to and is not capable of accurately predicting nutrient impairment. Id With specific regard to DO flux, a separate EPA FOIA response affirmed that the Agency has no documentation supporting use of DO flux as an aquatic life impairment parameter. See Ex. 9, DO flux FOIA Request/Response with follow-up correspondence. In this FOIA response, EPA confirmed that it "currently has no official records dealing with DO variation as a water quality impairment in and of itself (that is, when DO levels never drop below the daily minimum OR the 7 -day mean minimum)." This new evidence from the EPA again contradicts MPCA's representations during the rulemaking that EPA had reviewed and agreed with MPCA's use of DO flux as an impairment criterion, and undermines the continued reasonableness of maintaining the DO flux variable in the riverine standards. Finally, MPCA admitted in a filing to the Minnesota Court of Appeals in the MESERB case (870 N.W.2d 97) that it possesses no information indicating that it ever requested any of the expert peer reviewers tasked with reviewing its riverine standards to specifically address the BODS and DO flux issues. See Ex. 10, Excerpts from MESERB Motion to Supplement the Administrative Record, December 5, 2014, and MPCA Response to Petition to Supplement the Record, Minnesota Court of Appeals Case No. A14-1694, December 11, 2014 ("First, simply put, MPCA has no direct or indirect knowledge that such information (i.e. various records relating to the scope, content, and issues addressed by each of the six expert peer reviews) exists and does not possess, nor has ever possessed such additional information.") MPCA's admission, post rulemaking that it possesses no information indicating that the objections to using BODS or DO flux as nutrient response variables, which were repeatedly raised since 2010 by MESERB and its experts, were ever presented to any peer reviewer, undermines its assurances during rulemaking that these expert peer reviewers (from the EPA and otherwise) confirmed these objections to be unsupported. See infra, p. 6. In so doing MPCA "swept [an] issue under the rug" and "avoided stubborn questions" in the rulemaking. See White v. Minnesota Dept of Natural Resources, 567 N.W.2d 724, 735 (Minn. App. 1997). In considering (and rejecting) MESERB's and other regulated parties' challenge to the riverine standards, the Minnesota Court of Appeals, at MPCA's request, specifically refused to consider the Standard Methods memorandum rejecting the use of the BODS test as a nutrient impairment indicator and EPA's FOIA responses confirming that it possesses no records supporting MPCA's use of BODS and/or DO flux as nutrient response criteria. See Ex. 1, Minnesota Court of Appeals' Order denying motion to supplement administrative record. The maintenance of the BODS and DO flux nutrient response variables in the riverine standards will result in MPCA classifying Minnesota rivers and streams as nutrient impaired even though there is, in fact, no impairment related to nutrients.6 The new evidence now 6 Conversely, it also possible that the numeric criteria selected for DO flux and BODS will not be 8 available from The Standard Methods and the EPA confirms that the riverine standards, as currently constructed with the BODS and DO flux endpoints included, are likely to improperly indicate nutrient impairment even where plant growth is not causing an impairment of beneficial water uses. See Minn. R. 7050.0150, subp. 5b (high nutrients with any elevated response variables constitutes a violation of the riverine standards). An agency regulation that lacks documented, reasonable scientific support is unreasonable. Minn. R. 1400.2070, subp. 1; see Manufactured Housing Just. v. Pettersen, 347 N.W.2d 238 (Minn. 1984), Minn. Chamber of Commerce v. Minn. Pollution Control Agency, 469 N.W.2d 100 (Minn. Ct. App. 1991); 40 C.F.R. 131.11(a) (criteria must have sound scientific rationale). Especially in light of the significant fiscal impacts to the regulated community and the public of classifying a waterbody as nutrient impaired and the adverse ecological effects of increasing chemical and energy usage, criteria and response variables that are not based on a sound scientific rationale and will result in misclassifications of nutrient impairments simply must be corrected. 4. Proposed Rule Amendment In light of the new evidence described in Section 3 infra (the Standard Methods memorandum rejecting the use of the BODS test as a nutrient impairment indicator, EPA's FOIA responses confirming that it possesses no records supporting MPCA's use of BODS and/or DO flux as nutrient response criteria, and MPCA's admission that it possesses no information indicating that it ever requested any of its peer reviewers to specifically address the BODS and DO flux issues), Petitioners hereby petition for the following amendments to Minn. R. 7050.0150, .0220, and .0222 as follows: Minn. R. 7050.0150 exceeded in situations where there is a real nutrient impairment. 7 Further, the riverine standards' misuse of the BODS test DO flux measurement is inconsistent the MPCA's statutory authority, which requires WQS to be structured in such a way as to demonstrate how the pollutant of concern is causing the adverse effect sought to be avoided: in other words, causation and not merely correlation. See Minn. Stat. § 115.03, subd. 1 (the MPCA's authority is to "establish ... such reasonable pollution standards for any waters of the state in relation to the public use to which they are or may be put as it shall deem necessary..."). See also Minn. R. 7050.0150, subp. 1 (the MPCA "shall determine an exceedance of water quality standards or an impaired condition based on pollution of the waters of the state from point and nonpoint sources that has resulted in the degradation of ... the water body to the extent that attainable or previously existing beneficial uses are actually or potentially lost.") (emphasis supplied). 9 Subp. 4. Definitions. Subp. 5. Impairment of waters due to excess algae or plant growth. Subp. 5b. Impaired condition; rivers and streams. A. elevated levels of nutrients under subpart 5, item A, and at least one factor showing impaired conditions resulting from nutrient overenrichment under subpart 5, item B, D—,F--, F, or H; or 10 Minn. R. 7050.0220 Subp. 3a. Cold water sport fish, drinking water, and associated use classes. A. (12) Eutrophication standards for rivers, streams, and navigational pools (phosphorus, total µg/L; chlorophyll -a (seston), µg/L; fi',e day bieehemieal &i ; chlorophyll -a (periphyton), mg/m2) Subp. 4a. Cool and warm water sport fish, drinking water, and associated use classes. A. (12) Eutrophication standards for rivers, streams, and navigational pools (phosphorus, total µg/L; chlorophyll -a (seston), µg/L; five day b:,,,.ho.,,iea ; chlorophyll -a (periphyton), mg/m2) Subp. 5a. Cool and warm water sport fish and associated use classes. A. (8) Eutrophication standards for rivers, streams, and navigational pools (phosphorus, total µg/L; chlorophyll -a (seston), µg/L; , mg4b; die! disrelved &Eygen flwE mgr , chlorophyll -a (periphyton), mg/m2) 11 Minn. R. 7050.0222 Subp. 2. Class 2A waters; aquatic life and recreation. Eutrophication standards for Class 2A rivers and streams. North River Nutrient Region: Phosphorus, total µg/L less than or equal to 50 Chlorophyll -a (seston) µg/L less than or equal to 7 Die disselved &Eygea flwE fng4 loss •1t,aor- equal•1„ 3.0 Biaehefnieal &Eygea ,aori,.,n (iZOD5) fng4T loss Central River Nutrient Region: Phosphorus, total µg/L less than or equal to 100 Chlorophyll -a (seston) µg/L less than or equal to 18 South River Nutrient Region: Phosphorus, total µg/L less than or equal to 150 Chlorophyll -a (seston) µg/L less than or equal to 35 Subp. 2b. Narrative eutrophication standards for rivers and streams. A. Eutrophication standards for rivers and streams are compared to summer -average data or as specified in subpart 2. Exceedance of the total phosphorus levels and chlorophyll -a (seston) , or pH levels is required to indicate a polluted condition. B. Rivers and streams that exceed the phosphorus levels but do not exceed the chlorophyll -a (seston) 12 &iygen flteE_ or pH levels meet the eutrophication standard. Subp. 3. Class 2Bd waters. North River Nutrient Region Phosphorus, total µg/L less than or equal to 50 Chlorophyll -a (seston) µg/L less than or equal to 7 Die! disselved &iygen flteE ffig,�L less than ef equal te 3.0 Central River Nutrient Region Phosphorus, total µg/L less than or equal to 100 Chlorophyll -a (seston) µg/L less than or equal to 18 Die! disselved &Eygea flwE fng4m; less than or- equal to 3.5 South River Nutrient Region Phosphorus, total µg/L less than or equal to 150 Chlorophyll -a (seston) µg/L less than or equal to 35 Die! disselved &Eygea flwE fng4m; less than or- equal to 4.5 Biaehefnieal &Eygea ,aom.,n (iZOD5) fng4T ions thanor- equalto 3.0 Subp. 3b. Narrative eutrophication standards for rivers, streams, and navigational pools. A. Eutrophication standards for rivers, streams, and navigational pools are compared to summer -average data or as specified in subpart 3. Exceedance of the total phosphorus levels and chlorophyll -a (seston), five day bioehemieal &Eygea ,aov,,.,n , or pH levels is required to indicate a polluted 13 condition. B. Rivers, streams, and navigational pools that exceed the phosphorus levels but do not exceed the chlorophyll -a (seston), five day bioehemieal &Eygea ,aov,,.,n (BOD5) or pH levels meet the eutrophication standard. Subp. 4. Class 2B waters. Eutrophication standards for Class 2B rivers and streams. North River Nutrient Region Phosphorus, total µg/L less than or equal to 50 Chlorophyll -a (seston) µg/L less than or equal to 7 Die! disselved &Eygea flwE fngA[:; less than or- equal to 3.0 Biaehefnieal &Eygea ,aom.,n (iZOD5) fng4T ions thanor- equalto 1.5 Central River Nutrient Region Phosphorus, total µg/L less than or equal to 100 Chlorophyll -a (seston) µg/L less than or equal to 18 Biaehemieal &Eygefi ,aom.,n (iZOD5) mg4b ions thanor- equalto 2.0 South River Nutrient Region Phosphorus, total µg/L less than or equal to 150 Chlorophyll -a (seston) µg/L less than or equal to 40 14 Crow Wing River from confluence of Long Prairie River to the mouth of the Crow Wing River at the Mississippi River Phosphorus, total µg/L less than or equal to 75 Chlorophyll -a (seston) µg/L less than or equal to 13 Die! disselved &iygen flteE ffig,�L less than ef equal te 3.5 Crow River from the confluence of the North Fork of the Crow River and South Fork of the Crow River to the mouth of the Crow River at the Mississippi River Phosphorus, total µg/L less than or equal to 125 Chlorophyll -a (seston) µg/L less than or equal to 27 Subp. 4b. Narrative eutrophication standards for Class 2B rivers and streams. A. Eutrophication standards for rivers and streams are compared to summer -average data or as specified in subpart 4. Exceedance of the total phosphorus levels and chlorophyll -a (seston) , disselved &E yge„ flwE or pH levels is required to indicate a polluted condition. B. Rivers and streams that exceed the phosphorus levels but do not exceed the chlorophyll -a (seston) &Eygea flwE7 or pH levels meet the eutrophication standard. 5. Conclusion MPCA is required to reply to this petition in writing within 30 days stating whether or not it intends to adopt the rule amendments petitioned for herein, and if it does not intend to amend the rule it must request OAH to review the petition. Minn. Stat. § 14.091, subd. (b). For the 15 reasons set forth and discussed above, Petitioners respectfully request that the MPCA give notice under section 14.389 of its intent to adopt the amendments to Minn. R. 7050.0150, .0220, and .0222 petitioned for herein, as specifically set forth infra in Section 4. DATED: FLAHERTY & HOOD, P.A. Robert T. Scott (#0330759) Daniel M. Marx (# ) 525 Park Street, Suite 470 St. Paul, MN 55103 Tel: (651) 225-8840 Fax: (651) 225-9088 ATTORNEYS FOR PETITIONERS 16 Appendix A — Petitioners' Addresses 17 Q FLAHERTYHOOD va MEMORANDUM To: CGMC and MESERB Members From: Christopher M. Hood, Shareholder Attorney; and Robert T. Scott, Senior Attorney Daniel M. Max, Associate Attorney Date: January 15, 2016 Re: Rulemaking Petition to MPCA The Coalition of Greater Minnesota Cities (CGMC) and Minnesota Environmental Science and Economic Review Board (MESERB) at their respective Fall membership meetings authorized filing a petition for rulemaking with the Minnesota Pollution Control Agency (MPCA) seeking to have the MPCA amend its newly adopted riverine standards based upon the post -rulemaking identification of new evidence, which demonstrates such rules have relied upon two factors (dissolved oxygen (DO) flux and the five-day biochemical oxygen demand (BODS) test) for purposes of identifying nutrient impairment not accepted by the scientific community or the U.S. EPA for use for such purposes. As a result, the current MPCA riverine standards rule is significantly flawed, and we desire at this time to present such information to the MPCA in the form of a petition for rule amendments so that the MPCA can take the appropriate steps necessary to correct the rule. Background and Legal Basis for Petition for Rulemaking Under section 303(c) of the Clean Water Act, state standards are required to be based on a "sound scientific rationale" and "sound scientific information" (40 C.F.R. 131.11(a) and (b)), and "appropriate technical and scientific data and analyses" (40 C.F.R. 131.5(a)(4)). However, new evidence, which has come to light following the adoption of the riverine standards, clearly demonstrates that the current rules, in part, do not meet the above requirements. In Freedom of Information Act (FOIA) requests to the U.S. Environmental Protection Agency (EPA), EPA responded stating that it had no documents or records in its possession demonstrating either; 1. that dissolved oxygen (DO) flux, per se, should be considered indicative of use impairment in a river or stream, or 2. that using the five-day biochemical oxygen demand (BODS) test as a nutrient response criterion was scientifically defensible, 525 Park Street I Suite 470 1 St. Paul. MN 55103 1 651-225-6640 1 Fax 651-225-90BB I info@flaherty-hood.com both of which are factors used for such purposes in the MPCA's currently adopted riverine standards. Use of such scientifically unsupported criteria in the current riverine standards demonstrates that the adopted rule, in the portions of the rules using such criteria, is unreasonable and arbitrary since no information or evidence exists showing that (1) the BODS test is a valid nutrient impairment indicator, or (2) that DO flux causes aquatic life impairments. This argument is also significantly bolstered by the publication of a memorandum from Andrew Eaton, of the Joint Editorial Board of the Standard Methods. for the Examination of Water and Wastewater, who is the creator of the BODS test, dated November 19, 2014 (the Standard Methods memorandum), which directly confirmed that this test, currently relied upon by the MPCA in its adopted rules, is not "an appropriate measure of nutrient pollution nor is it a valid predictor of nutrient impacts." The existence of the EPA's FOIA responses and the Standard Methods memorandum, are new evidence going to the reasonableness of the adopted rules containing riverine standards and unequivocally demonstrate that key aspects of the MPCA's current riverine standards rule were not scientifically defensible. Thus, these portions of the rules containing the riverine standards are scientifically flawed and unreasonable, and amendment of these portions of the rules to correct the same through this rulemaking petition is necessary and appropriate at this time. Rulemaking Petition Process to Amend MPCA's Riverine Standards • Governing Law Minnesota Statutes, section 14.091 authorizes a city or sanitary district to petition for the amendment of a rule(s) or specific portion of a rule(s) (such as MPCA's riverine standards rules) if it can demonstrate that "one of the following has become available since the adoption of the rule in question: (1) significant new evidence relating to the need for or reasonableness of the rule; or (2) less costly or intrusive methods of achieving the purpose of the rule." In this case, as mentioned above, significant new evidence exists relating to the reasonableness of the riverine standards rule in the form of the EPA FOIA responses and the Standard Methods memorandum providing compelling post -rulemaking evidence that the BODS test is not a valid nutrient impairment indicator and that DO flux does not cause aquatic life impairments. This rulemaking petition presents what is a very straightforward and easy to understand issue. It is our hope that the MPCA will see the reasonableness of the request and proceed to voluntarily correct the current rules. However, MPCA to date, has resisted prior attempts to correct the rules, and we believe there are no other options short of filing this rulemaking petition to seek resolution. We believe that if this clearly scientifically flawed rule goes uncorrected, it could result in millions of dollars of unjustified and needless expenditures of taxpayer and ratepayer dollars. In short, there is clear evidence that the current riverine standards rule is significantly Page 2 flawed and unreasonable. The present rulemaking petition is intended to correct the portion of the rules that are so flawed and unreasonable and leave rules in place that are scientifically sound and justified. • Rulemaking Petition Process Upon receiving a rulemaking petition from one or more cities or sanitary districts, the MPCA is required to either (1) agree to the requested amendment of the riverine standards rule as contained in the petition, or (2) turn the petition over to the Office of Administrative Hearings (OAH) for review. Minn. Stat. § 14.091, subd. (c). OAH would then be tasked with determining if the petition satisfied the requirements outlined above, and if so, would hold a rulemaking hearing and issue an order on the continued need for and reasonableness of the riverine standards rule. Id., subd. (d). If OAH were to conclude that the riverine standards were no longer reasonable, the rules would become unenforceable 90 days thereafter, pending further action by the MPCA to amend the rules impacted by OAH's order. Id, subd. (e). If OAH were to find that the riverine standards rule continues to be needed and reasonable, the petitioning cities and/or sanitary districts would likely be able to appeal OAH's decision to the Minnesota Court of Appeals as a matter of right under a writ of certiorari. Minn. Stat. § 606.06; see also Meath v. Harmful Substance Compensation Bd., 550 N.W.2d 275 (Minn. 1996) (quasi- judicial decisions of administrative agencies, "marked by an investigation into a disputed claim and a decision binding on the parties," are appealable under a writ of certiorari). A successful petition under Minn. Stat. § 14.091, whether through the OAH rulemaking hearing or subsequent appeal, would result in the challenged riverine standards rules being unenforceable, and would again likely result in the MPCA seeking to amend its standards consistent with the positions contained in the rulemaking petition. Please do not hesitate to contact us at 651-225-8840, tpflahertygflaherty-hood.com, or dmmarxgflaherty-hood.com to discuss further. CMH/RT S Page 3 MINNESOTA STATUTES 2015 14.091 14.091 PETITION; UNIT OF LOCAL GOVERNMENT. (a) The elected governing body of a statutory or home rule city, a county, or a sanitary district may petition for amendment or repeal of a rule or a specified portion of a rule. The petition must be adopted by resolution of the elected governing body and must be submitted in writing to the agency and to the Office of Administrative Hearings, must specify what amendment or repeal is requested, and must demonstrate that one of the following has become available since the adoption of the rule in question: (1) significant new evidence relating to the need for or reasonableness of the rule; or (2) less costly or intrusive methods of achieving the purpose of the rule. (b) Within 30 days of receiving a petition, an agency shall reply to the petitioner in writing stating either that the agency, within 90 days of the date of the reply, will give notice under section 14.389 of intent to adopt the amendment or repeal requested by the petitioner or that the agency does not intend to amend or repeal the rule and has requested the Office of Administrative Hearings to review the petition. If the agency intends to amend or repeal the rule in the manner requested by the petitioner, the agency must use the process under section 14.389 to amend or repeal the rule. Section 14.389, subdivision 5, applies. (c) Upon receipt of an agency request under paragraph (b), the chief administrative law judge shall assign an administrative law judge, who was not involved when the rule or portion of a rule that is the subject ofthe petition was adopted or amended, to review the petition to determine whetherthe petitioner has complied with the requirements of paragraph (a). The petitioner, the agency, or any interested person, at the option of any of them, may submit written material for the assigned administrative law judge's consideration within ten days of the chief administrative law judge's receipt of the agency request. The administrative law judge shall dismiss the petition if the judge determines that: (1) the petitioner has not complied with the requirements of paragraph (a); (2) the rule is required to comply with a court order; or (3) the rule is required by federal law or is required to maintain authority to administer a federal program. (d) If the administrative law judge assigned by the chief administrative law judge determines that the petitioner has complied with the requirements of paragraph (a), the administrative law judge shall conduct a hearing and issue a decision on the petition within 120 days of its receipt by the Office of Administrative Hearings. The agency shall give notice of the hearing in the same manner required for notice of a proposed rule hearing under section 14.14, subdivision la. At the public hearing, the agency shall make an affirmative presentation of facts establishing the need for and reasonableness ofthe rule or portion of the rule in question. If the administrative law judge determines that the agency has not established the continued need for and reasonableness of the rule or portion of the rule, the rule or portion of the rule does not have the force of law, effective 90 days after the administrative law judge's decision, unless the agency has before then published notice in the State Register of intent to amend or repeal the rule in accordance with paragraph (e). (e) The agency may amend or repeal the rule in the manner requested by the petitioner, or in another manner that the administrative law judge has determined is needed and reasonable. Amendments under this paragraph may be adopted under the expedited process in section 14.389. Section 14.389, subdivision 5, applies to this adoption. If the agency uses the expedited process and no public hearing is required, the agency must complete the amendment or repeal of the rule within 90 days of the administrative law judge's decision under paragraph (d). If a public hearing is required, the agency must complete the amendment or repeal of the rule within 180 days of the administrative law judge's decision under paragraph (d). A rule Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 14.091 MINNESOTA STATUTES 2015 or portion of a rule that is not amended or repealed in the time prescribed by this paragraph does not have the force of law upon expiration of the deadline. A rule that is amended within the time prescribed in this paragraph has the force of law, as amended. (f) The chief administrative law judge shall report the decision under paragraph (d) within 30 days to the chairs of the house of representatives and senate committees having jurisdiction over governmental operations and the chairs of the house of representatives and senate committees having jurisdiction overthe agency whose rule or portion of a rule was the subject of the petition. (g) The chief administrative law judge shall assess a petitioner half the cost of processing a petition and conducting a public hearing under paragraph (d). History: 1999 c 193 s 1; 2000 c 335 s 1; 1 Sp2003 c I art 2 s 29 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. OFFICE OF COUNTY ASSESSOR TO THE CLERK OF THE CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA: NOTICE IS HEREBY GIVEN, That the 20th day of April, 2016, at 5:30 o'clock P.M., has been fixed as the date for the meeting of the Board of Appeal in your Town for said year. This Meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.03, you are required to give notice of said meeting by publication and posting, no later than ten days prior to the date of said meeting. Given under my hand this 1st day of February, 2016 Sue Schulz, County -Assessor McLeod County, Minnesota Filed in my office this• �y� day of 4ar , 20A109— Clerk _ Library Board Meeting Minutes December 28, 2015 Attending: Jon Ross, Dianne Wanzek, Gerry Grinde, Steve Bailey, Jack Sandberg, Julie Lofdahl, Pam Dille Ex -Officio Excused: Mary Christensen Jon Ross called the meeting to order. The minutes from the November 23, 2015 meeting were reviewed. Motion to approve by Dianne Wanzek, seconded by Steve Bailey. Minutes approved as written. Old Business: 1. 2016 budget requests from cities and counties update • McLeod County approved a 4% increase across PLS. This will help with book budget and 2% estimated salary increases. • Hutchinson may have a 2% increase, but 1% approved for sure. • Winsted did not approve funding. The 4% received from McLeod County will help Winsted Library. 2. Head librarian replacement update Dianne Wanzek gave a report on the interview process. She said it went very well. Lori Ortega was very organized. Committee members were Lori, Dianne, Roger Vacek and Jim Fowler. Two very qualified women were interviewed and decision will be made after first of the year. Pam will stay on for a couple of weeks for training. 3. Project Book Shelf 2015 final report Raised almost $700 plus 8 boxes of books. This is twice as many books as past years. Many very nice books from board books to young adult books. Worked hard to purchase a variety of books to make the money raised help as many children as possible. 4. 2016 One Book, One Community Final Schedule Sunday, January 31, 2:00 pm Historical background --- Lori Pickell-Stangel and her husband Joe will talk about the history of the fur trading industry and fur -bearing animals. Location: McLeod County Museum Sunday, March 6, 2:00 pm Outdoor enthusiast Rudy Goldstein's adventure to recreate Eric Sevareid and Walt Port's canoe trip to Hudson Bay. Followed by a community book discussion. Location: McLeod County Museum Sunday, April 3, 2:00 pm Natalie Warren's Hudson Bay presentation Location: Hutchinson Event Center 5. Vote on continuation of the Hutchinson Library Board Minutes scrapbook. Jack Sandberg made motion to discontinue current scrapbook system for keeping the Hutchinson Library Board Minutes and use instead a three-ring binder. Motion seconded by Steve Bailey. MOTION APPROVED. The minutes are also saved on the computer. New Business: 1. 2016 Adult Winter Reading Program: "Book Your Winter Get -Away." January 4th — March 111h. Pam brought cards so we could sign-up. Fun logo this year with suitcases. Theme is same as last year and the logo is last year's runner up. Do need to sign-up and are asked if you participated prior years. This is being done to see how many people are new or repeat participants. General numbers are up from other years. Premiere for "Bringing Books to Life" Video series: January 24, 2016 from 2 — 4 p.m. at the McLeod County Museum. This is a legacy project in conjunction with the Library and Historical Society. Jon said when the live presentation was at the library, it was very well attended. The premiere will feature Nancy Faribault. The video is about surviving the Dakota War - raised between two cultures. 3. Other Keri's Cleaning has been contracted to clean the Library, City Hall, Fire Hall, and Evergreen. The cleaning has been going very well. Someone has been hired for snow removal and a part-time maintenance person for things like furnace filters and light bulbs. Next meeting: January 25, 2016 at 4:30 pm December 2015 Donations Jim and Shannon Lyons (For adult and young adult books) $500.00 Anonymous $10.00 Overeaters Anonymous $10.00 Deena Mottrell (for microfilm work) $25.00 $545.00 (Donations go into general fund unless they go through Friends of the Library. Pam will ask PLS accountant some more questions on donations and receipts given.) Snow Removal -Ice Control by the numbers JANUARY 2016 2015 2014 Days with operations 17 9 25 Actual snowfall (inches) 1.9 3.8 14.1 Average snowfall (inches) 9.1 9.1 9.1 Days with below 00 temps 9 8 20 Actual average high temp 23 26 18 Actual average low temp 8 11 -4 Average high temp 23 23 23 Average low temp 31 3 13 City employees utilized 17 16 18 Contractors utilized ` 3 - 7 Total personnel hours 269.25 281.3 1,115.0 City equipment units used 20 21 25 Contractor equipment units used 3 - 8 Total equipment hours 269.25 281.3 1,140.0 Gallons of fuel used 868.71 943.0 3,283.2 Salt brine used (gallons) 20001 2,420.0 1 1,930.0 Sand -Salt used (tons) 184.5 272.3 1 439.1 De-icing salt used (tons) 30.61 23.11 6.6 01/01/16 Equipmen 29 11 Lo 01/02/16 Operators Personnel Equip hours 31 Sand / Salt De-ice High temp Precip Date Description (ea) hours (hrs) (ea) (hrs) Fuel (gal) Salt brine (gal) (ton) salt (ton} temp (F} (F} (in.) Snow (in.} 01/01/16 29 11 - 01/02/16 31 10 - 01/03/16 29 18 - 01/04/16 Drifting, cleanup 2 8.00 3 8.00 35.00 19 6 - 01/05/16 Drifting, cleanup 1 4.00 2 4.00 - 27 17 - 01/06/16 Snow storage site 1 2.00 1 2.00 27.00 - - 32 21 - 0.10 01/07/16 Sanding 5 16.50 7 16.50 89.90 500.00 44.40 9.55 33 321 0.06 0.10 01/08/16 Full plowing 16 91.25 18 91.25 205.00 290.00 46.00 8.60 33 12 0.05 0.90 01/09/16 Downtown cleanup, sand 15 51.00 16 51.00 196.81 150.00 9.30 - 12 -8 - - 01/10/16 Drifting 3 6.00 3 6.00 10.00 - - - -1 -14 - - 01/11/16 Drifting 4 18.00 5 18.00 40.00 - (16.70) - 11 -10 0.30 01/12/16 Drifting, sanding 2 1 5.50 2 5.50 - 17.90 - 1 -9 - 01/13/16 22 -7 - 01/14/16 25 17 - 01/15/16 23 8 - - 01/W16 9 -11 - - 01/17/16 -4 -18 - 01/18/16 2 -14 - - 01/19/16 10 -11 - 0.30 01/20/16 Sanding 5 17.00 6 17.00 57.00 400.00 25.30 3.80 24 10 - - 01/21/16 25 20 - - 01/22/16 Sanding 5 14.00 6 14.00 47.00 400.00 43.45 4.75 23 4 - - 01/23/16 26 14 - 01/24/16 Limited plowing, sanding 4 8.00 4 8.00 10.00 - 21.50 31 13 01/25/16 Sanding 3 5.00 3 5.00 - 70.00 - 31 24 0.01 0.20 01/26/16 Sanding 5 12.50 5 12.50 143.00 190.00 3.35 3.90 28 6 - 01/27/16 Drifting 1 1.50 1 1.50 8.00 - - - 39 6 - 01128/16 Drifting 1 6.00 1 6.00 - 36 15 - 01/29/16 Drifting 1 3.00 1 3.00 - 341 19 - 01/30/16 1 1 38 28 - 01/31/16 1 1 391 28 - Month: 9 days below zero; Season: 11 days below zero JANUARY 2016 17 269.25 days 269.25 868.71 2,000.00 190.50 30.60 23 8 0.12 1.90 Average monthsnowfoll = 9.10 23 3 Avg temp avg snowfall 26.4 SEASON TO -DATE (NOV-JAN) 29 897 902 2,501 3,505 406 76 3.9 11.5 days pers hrs egpt hrs fuel brine sand/salt salt precip snow EQUIP# YEAR MAKE DESCRIPTION SNOW ATTACH Light Trucks HOURS Nov. 2015 Dec. 2015 Jan. 2016 Feb. 2016 Mar. 2016 Apr. 2016 Total 1 PARK-497-TK3 LTK 2011 Ford Pickup, 3/4 ton 44 Snowplow 2.50 2.50 2 PARK-221-TK1 LTK 2009 Ford Pickup, 1/2 ton 44 Snowplow 27.50 11.00 3 STRT-156-TK1 LTK 1999 Ford 1 Truck, 1 ton 4x4 w/ dump box Snowplow - 4 STRT-170-TK1 LTK 2008 Ford Pickup, 1 ton 44 Snowplow 11.50 9.50 21.00 5 5TRT-660-TK1 LTK 2004 1 Ford Pickup, 1 ton 44 Snowplow 12.50 4.00 16.50 Snowolow Trucks 1 I PARK-658-HTK HTK 1992 Ford Truck, S/A w/ dump box ISnowplow, wing 8.25 23.00 28.75 24.00 52.75 2 5TRT-115-HTK HTK 1996 Ford Truck, S/A w/ dump box Snowplow, wing, sander 1.50 30.50 19.00 51.00 3 STRT-441-HTK HTK 2005 Ford Truck, S/A w/ hooklift Snowplow, wing, sander 1.50 17.50 SKID 19.00 4 STRT-522-HTK HTK 2003 Mack Truck, S/A w/ dump box Snowplow, wing, sander 1.50 0.50 2014 John Deere 2.00 5 STRT-613-HTK HTK 1999 Mack Truck, S/A w/ dump box Snowplow, wing, sander, underbody 2.00 22.00 31.50 55.50 6 5TRT-781-HTK HTK 2005 Ford Truck, S/A w/ hooklift Snowplow, wing, sander 6 13.00 5.00 18.00 7 STRT-812-HTK I HTK I 2014 Mack ITruck, S/A w/ dump box Snowplow, wing, sander 18.00 7.00 25.00 $ STRT-894-HTK I HTK 1 2007 1 Freightliner ITruck, S/A w/ dump box ISnowplow, wing, sander. underbody 3.00 30.00_t 15.50 48.50 Skid steer Loaders (4 ea.) 1 CEMT-412-SKD SKID 2011 Bobcat Toolcat ISnowplow. blower 8.25 23.00 8.00 31.25 2 PARK-032-SKD SKID 2006 Bobcat Skid steer, 5250 Snowplow, blower 57.75 15.25 Wheel loader, 6210 73.00 3 PARK-211-SKD SKD 2009 Bobcat Skid steer, S250 Snowplow, blower 53.50 18.25 LDR 71.75 4 PARK-370-SKD SKID I 2004 Bobcat Toolcat 15nowplow, blower 22.00 3.00 4 - TractOYs 4 ea-) 1 AIRP-055-TRC TRC 2012 New Holland Tractor, TV6070 HLA snow win& snow blower 34.00 26.50 8.00 60.50 2 PARK -357 -TRC TRC 2013 John Deere (Tractor, 4720 Snow blower 7.00 Wheel loader, 6210 7.00 3 STRT-390-TRC TRC 20061Trackless Tractor, MT5 Snow blower, plow STRT-169-LDR LDR 2000 Case 4 STWT-013-TRC TRC 2014 John Deere Tractor, 6125R HLA snow win 22.00 3.00 4 25.00 4 STWT-014-TRC TRC 2014 John Deere Tractor, 6125R HLA snow wing 29.00 12.00 48.50 41.00 Wheel Loaders [6 ea.1 1 COMP-925-LDR LDR 2013 Case Wheel loader, 621F Snowblower 8.00 7.50 15.50 13.00 2 PARK-895-LDR LDR 2001 Case Wheel loader, 6210 Snowplow, wing 26.00 9.50 26.00 Hanson & Vasek 3 STRT-169-LDR LDR 2000 Case Wheel loader, 621C Snowplow, bucket none 11.00 11.00 4 STRT-447-LDR LDR 2001 Case Wheel loader, 621C Snowplow, wing 39.50 9.00 48.50 7.50 5 STRT-781-LDR LDR 20031Case Wheel loader, 621D Snowplow. wing 38.00 8.75 46.75 6 STRT-969-LDR LDR 2003 Case Wheel loader, 621D Snowplow, wing 24.50 11.50 36.00 Heavy Equipment [1 ea.f 1 STRT-409-HEQ 1HE0.1 1991 RPM Tech I Snow blower lWheel loader 8.00 1 8.00 Snow H a ulinR Trucks 1 McLeod Co. #403 HTK Mack Truck, T/A w/ dump box none - 2 STRT-972-HTK HTK 1997 Mack Truck, T/A w/ dump box none 13.00 2.00 15.00 Contractors Hansen Gravel none 7.50 2.00 9.50 Contractors Hanson & Vasek none 7.50 2.00 9.50 Contractors Hjerpe Contracting none 11.00 11.00 Contractors Juul Contracting none 7.00 7.00 Contractors Kosek, Jeff none 7.50 2.00 9.50 9.50 623.25 269.25 863.50 Employee Department Primary role Nov. 2015 Dec. 2015 Jan. 2016 Feb. 2016 Mar. 2016 Apr. 2016 Total Botzet, Larry PW - Operations Downtown W 29.00 7.50 36.50 Burmeister, Jerome PW - Operations Route SW1 3.00 33.00 19.50 55.50 Carter, Randy PRCE Schools, PRCE, trails 52.50 11.00 63.50 Carter, Ron PRCE Schools, PRCE, trails 16.00 7.50 23.50 Dehn, Pete PW - Operations Route SW2 2.00 43.50 31.50 77.00 Ebert, Dick PW - Operations Route SE1 18.00 5.00 23.00 Fenske, Bruce PW - Operations Snow Removal, Routes 20.50 7.00 27.50 Franek, Cory PW - Wastewater Routes, Snow Removal 38.50 9.00 47.50 Hutton, Chris PRCE Downtown, Schools, PRCE 56.00 19.75 75.75 Magnusson, Brian PRCE Downtown, Schools, PRCE 10.50 - 10.50 Navratil, Jim PW - Water Downtown E 18.50 3.00 1 21.50 Olson, John PW - Operations Airport 34.00 26.50 60.50 Schelitzche, Jay PRCE Schools, PRCE, trails 57.75 13.75 71.50 Schuette, Donovan PW - Operations Miscellaneous routes 11.50 8.50 20.00 Telecky, Dave PW - Operations Route NE1 1.50 47.00 57.50 106.00 Thompson, DeNeil PW - Operations Route NW1 1.50 44.00 22.50 68.00 Trnka, Jemes SEASONAL - PW Ops. Cul-de-sac, dead ends 1.50 38.50 10.75 50.75 Wichterman, Ken PW - Operations Downtown route 9.00 3.00 12.00 Hansen Gravel Contract snow haul Snow removal 7.50 2.00 9.50 Hanson - Vasek Contract snow haul Snow removal 7.50 2.00 9.50 Hjerpe Contract snow haul Snow removal 11.00 11.00 Juul lContract snow haul Snow removal 7.00 7.00 Kosek lContract snow haul Snow removal 7.50 2.00 9.50 TOTAL PERSONNEL HOURS 9.50 618.25 269.25 �� 897.00