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cp04-28-2009 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, APRIL 28, 2009 I . CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Vineyard United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF APRIL 14, 2009 Action - Motion to approve as presented 6. CONSENTAGENDA (Purpose: onlyforitemsrequiringCouncil approval hy external entities that would otherwise rave een a egate to t e City Administrator. Traditionally, items are not discussed.) (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. CITY OF HUTCHINSON WEB PAGE STATISTICS SUMMARY 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MARCH 17, 2009 3. PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR MARCH 2009 4. PLANNING COMMISSION MINUTES FROM MARCH 17, 2009 (b) RESOLUTIONS AND ORDINANCES I. RESOLUTION NO. 13561 — RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2. RESOLUTION NO. 13562 — RESOLUTION TO SELL AT AUCTION SURPLUS POLICE DEPARTMENT PROPERTY 3. RESOLUTION NO. 13563 - RESOLUTION TO SELL AT AUCTION SURPLUS CITY PROPERTY 4. ORDINANCE NO. 09 -0524 - AN ORDINANCE REVISING SECTION 31.20 — ORGANIZATION AND APPOINTMENT (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 09 -0529 — AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE 5.97 ACRES INTO THE CITY FROM HASSAN VALLEY TOWNSHIP LOCATED AT 1105 5 AVENUE SE (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT, VARIANCE AND SITE PLAN FOR THE CONSTRUCTION OF A 51,000 SQUARE FOOT MANUFACTURING FACILITY OVER 40 FEET IN HEIGHT WITH OUTDOOR STORAGE OF FINISHED PRODUCT AT 900 HWY 7 WEST, REQUESTED BY DAGGETT VENTURES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13565) 2. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS LOCATED AT WALMART, 1300 HWY 15 SOUTH, REQUESTED BY TNT FIREWORKS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. CITYCOUNCIL AGENDA -APRIL 28, 2009 13566) (d) CONSIDERATION FOR APPROVAL OF WINE /3.2% ON SALE MALT LIQUOR LICENSE FOR AMERICAN PASTIME BARBEQUE SPORTS TAVERN LLC (e) CONSIDERATION FOR APPROVAL OF SHORT -TERM 3.2 MALT LIQUOR LICENSE FOR AMERICAN LEGION POST 96 ON JULY 17 & 18, 2009, AT LES KOUBA PARKWAY (FOR RIVERSONG FESTIVAL) (f) REAPPOINTMENT OF COREY STEARNS TO TREE BOARD TO APRIL 2012 (g) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR T.A.P. ENTERPRISES ON MAY 6, 2009, AT THE AMERICINN (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action - Motion to approve consent agenda 7. PUBLIC HEARINGS 6:00 P.M. (a) NPDES STORM WATER POLLUTION PREVENTION PLAN ANNUAL REPORT Action - 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. A ways oo ing tomard t e uture, not monitoring past) 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) CONSIDERATION OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE TO BE LOCATED WITH ZERO SETBACK TO THE FRONT AND REAR PROPERTY LINES AT 1175 OAKWOOD COURT NW, REQUESTED BY RICHARD LENNES, PROPERTY OWNER WITH SPLIT VOTE BY PLANNING COMMISSION (ADOPT RESOLUTION NO. 13564) Action - Motion to reject - Motion to approve (b) DISCUSSION OF THE CREATION OF A CODE ENFORCEMENT OFFICER POSITION Action - 11. GOVERNANCE (Purpose: toassesspastorganizationa !performance, developpolicy that guides the organization and Council the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) MONITORING REPORT- EXECUTIVE LIMITATION 2.7- COMPENSATION AND BENEFITS (b) CITY OF HUTCHINSON FINANCIAL REPORT FOR MARCH 2009 (c) CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2009 12. MISCELLANEOUS 13. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, APRIL 14, 2009 1. CALL TO ORDER — 5:30 P.M. Mayor Cook ca e t e meeting to order. Members present were Jim Haugen, Bill Arndt, Eric Yost and Chad Czmowski. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Rev. Kaye Brandt of Vineyard United Methodist Church delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF MARCH 24, 2009 Motion by Haugen, second by Czmowski, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA ( Purpose: onlyfor items requiring Council approval by external entities that would otherwise ave een a egate to t e City Administrator. Traditionally, items are not discussed.) (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2009 2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JANUARY 26, 2009 3. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM MARCH 2, 2009 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13554 — RESOLUTION APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT 412 OF THE CITY OF HUTCHINSON 2. RESOLUTION NO. 13555 - RESOLUTION REVOKING MUNICIPAL STATE AID STREET (MCLEOD AVENUE /SIXTH AVENUE) 3. ORDINANCE NO. 09 -0525 — AN ORDINANCE AUTHORIZING THE TRANSFER OF MUNICIPALLY -OWNED REAL PROPERTY TO HUTCHINSON HEALTH CARE (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 09 -0526 —AN ORDINANCE REZONING ENERGY PARK PROPERTY FROM R- 1 (SINGLE FAMILY RESIDENTIAL) TO I -I (LIGHT INDUSTRIAL) SUBMITTED BY THE HUTCHINSON EDA AND HACKBARTHS (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 09-0527 — AN ORDINANCE REZONING 900 HWY 7 WEST FROM C -4 (FRINGE COMMERCIAL) TO I -1 (LIGHT INDUSTRIAL) FOR INDUSTRIAL USE REQUESTED BY TOM DAGGETT, PROPERTY OWNER (SECOND READING AND ADOPTION) 6. ORDINANCE NO. 09 -0528 — AN ORDINANCE AMENDING SECTION 154.071 OF THE CITY CODE ADDING PERMITTED USES TO THE GATEWAY DISTRICT (SECOND READING AND ADOPTION) CITY COUNCIL MINUTES —APRIL 14, 2009 (c) ON -SALE 3.2 MALT LIQUOR LICENSE RENEWALS • HUTCHINSON HUSKIES BASEBALL ASSOCIATION • SKY VENTURES (PIZZA HUT) (d) OFF -SALE 3.2 MALT LIQUOR LICENSE RENEWALS • COBORN'SINC — CASHWISE • SPEEDWAY SUPERAMERICA • ERICKSON'S DIVERSIFIED CORPORATION (ECONO FOODS) • CATTOOR OIL COMPANY — SINCLAIR GAS STATION • WALMART SUPERCENTER (e) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR MINNESOTA GOOD SAM CLUB ON MAY 23, 2009 (f) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR UNITED STATES POLICE CANINE ASSOCIATION ON JULY 20, 2009 (g) CITY OF HUTCHINSON WEB PAGE STATISTICS SUMMARY (h) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR SUSTAINABLE FARMING ASSOCIATION OF MINNESOTA ON AUGUST 15, 2009 (i) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR BETTY JODZIO TO OPERATE A HOT DOG AND BEVERAGE CART IN VARIOUS LOCATIONS THROUGHOUT THE CITY (j) CONSIDERATION FOR APPROVAL OF PARADE PERMIT FOR FOUNDATION FOR CHALLENGED CHILDREN ON MAY 16, 2009 (k) REAPPOINTMENT OF YVONNE JOHNSON AND ROGER VACEK TO THE PUBLIC LIBRARY BOARD TO APRIL 2012 (1) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO. 1 — LETTING NO. 1, PROJECT NO. 08 -05 (2008 PAVEMENT MANAGEMENT PROGRAM PHASE 2) - CHANGE ORDER NO. 1— LETTING NO. 2, PROJECT NO. 08-02A (NORTHEAST TRUNK STORM SEWER PHASE 2) (m)CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 67" ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 15 — 21, 2009 (n) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(b)2 will be pulled and discussed separately with the public hearing scheduled for tonight. Motion by Arndt, second by Haugen, to approve consent agenda with the exception of Item 6(b)2. Motion carried unanimously. OTHER Bruce Kimmel, Ehlers & Associates, presented before the Council. Mr. Kimmel explained that Ehlers has been having some discussions with staff in reference to refinancing bonding projects. Mr. Kimmel asked for the Council's consent to pre -sale water /sewer debt bonds due to the favorable market. If approved, Ehlers will come forth at the next Council meeting with the pre -sale reports. Two refinancing opportunities 2 -5 CITY COUNCIL MINUTES —APRIL 14, 2009 are available pertaining to debt related to the hospital as well. The Council consented to moving forth with looking at the available refinancing options. 7. PUBLIC HEARINGS — 6:00 P.M. (a) PUBLIC HEARING FOR 2009 PAVEMENT,�lANAGEMENT PROGRAM PHASE 2 — LETTING NO. 4, PROJECT NO. 09-04 (ELM STREET & 10 AVENUE) —CONSIDER ORDERING IMPROVEMENT, APPROVING PLANS & SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project is for roadway rehabilitation and utility infrastructure installations by construction of lateral storm sewer, drain tile installations, lateral watermain, lateral sanitary sewer, surface reclamation, grading, aggregate base, concrete curb and gutter, bituminous base, bituminous surfacing, landscaping, street lighting, restoration an appurtenances on Elm Street (from McLeod Avenue to North High Drive) and 10 Avenue NE (from 1 1 Avenue to Maple Street). The estimated total project cost is $992,000. The estimated total assessment for a typical city lot is $3100. If approved, bids for the project will be opened on May 12, 2009. Mayor Cook asked if assessments could be deferred for up to one Year if a property owner is unemployed. Marc Sebora, City Attorney, noted that there is no statutory provision that allows for deferred assessments due to economic hardship. Kent Exner noted that one objection to the project was received by the Engineering Department. Roger O'Malley, 106 North High Drive, presented before the Council. Mr. O'Malley inquired as to whether or not there will be a tile available for sump pumps. Mr. Exner explained that a 4" drain tile will be put in place near the curb stop that can be utilized for sump pump discharge. Barb Otte, 105 10' Avenue, presented before the Council. Ms. Otte asked that staff look at the curbs where standing water is to determine which curbs should be replaced. Mr. Exner noted that staff does take those opportunities when available. Motion by Haugen, second by Czmowski, to close public hearing. Motion carried unanimously. Mr. Exner addressed the resident's concern over the project bein& done on Elm Street, at which she operates an in -home daycare. Mr. Exner noted that typically these projects do not cause too much interruption overall. Motion by Haugen, second by Cook, to order improvement, approve plans & specifications and order advertisement for bids on Letting No. 4, Project No. 09 -04. Motion carried unanimously. (b) PUBLIC HEARING FOR 2009 PAVEMENT MANAGEMENT PROGRAM — PHASE I — LETTING NO. 3, PROJECT NO. 09 -03 (314 COLLEGE AVENUE NE) — CONSIDER ORDERING IMPROVEMENT Kent Exner, City Fngineer, noted that 314 College Avenue is a landlocked parcel fronting on an alley that connects to both 6' Avenue NE and College Street NE. Since this parcel does not directly front a city street, but still benefits from the assessments provided by both of the before- mepitioned streets, City staff has determined that this property should be assessed for the improvements to 6` Avenue NE within the 2009 pavement management program Phase 1 project. This property was not assessed for the improvements to College Street in 2008. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to order improvement on Letting No. 3, Project No. 09 -03. Motion carried unanimously. (c) ASSESSMENT HEARING FOR SA- 5090 -2009 PAVEMENT MANAGEN NT PROGRAM —PHASE I — LETTING NO. 3, PROJECT NO. 09 -03 (MCLEOD AVENUE & 6 AVENUE) — CONSIDER s�� CITY COUNCIL MINUTES —APRIL 14, 2009 ADOPTING ASSESSMENT, ACCEPTING BID & AWARDING CONTRACT Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that William Mueller & Sons, Inc. submitted the apparent low bid in the amount of $758,470.26. The total bid amount includes the TH 15 /Main Street trail Improvements at a cost of $150,895.96. This project includes sidewalk constructiog along TH 15 Vrorn 5 Avenue NE to North High Drive), sidewalk construction on Bluff Street NE (from 5 Avenue to 6 Avenue) and wetland mitigation area construction by roadway rehabilitation and utility infrastructure installations by construction of lateral storm sewer, drain the installations, lateral watermain, lateral sanitary sewer, surface reclamation, grading, aggregate base, concrete curb and gutter, bituminous base, bituminous /concrete surfacing, sidewalks /trails, landscaping, streq lighting, restoration and appurtenances on McLeod Avenue NE (from TH 15 to Prospect Street) and 6 Avenue NE (from Prospect Street to Bluff Street). Mr. Exner clarified that the trails being considered will be enforced the same way sidewalk usage is enforced. Mr. Exner also spoke about McLeod/6` being a state aid street. Staff is asking that the Council consider revoking the municipal state aid street designation, which can then revoke the truck route designation. Signage could be placed on this route for a length of time indicating that the route is no longer a truck route. Mr. Exner noted that an objection to the trail construction and truck route designation was received. A total of 10 city trees on McLeod/6` Avenue will need to be removed. Jan Conner, 95 McLeod Avenue, presented before the Council. Ms. Conner noted that she was the individual objecting to the trail construction. Ms. Conner noted concerns for the properties at the comer of TH 15 /McLeod Avenue with the construction of the trail due to thei small lot size. Ms. Conner has concerns with the trail being constructed on the south half of McLeod/P Avenue. Ms. Conner submitted g petition signed by 20 property owners who are opposed to the sidewalk/trail construction on McLeod /6` Avenue. Mr. Exner spoke about the benefits of constructing a sidewalk/trail on McLeod/6 Avenue and some of the inaccurate information that was presented to the residents when asked to sign the petition. Discussion was held regarding appropriate sidewalk/trail width. Greg Moran, 595 Prospect Street, asked about snow removal on the sidewalk. Mr. Exner explained that per city ordinance property owners are required to maintain a four foot wide corridor on sidewalks /trails that run parallel /adjacent to their property. However, he reminded residents that the city does establish trail routes where snow is removed by the city on a priority -based level. Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously. Mayor Cook noted that he has received comments regarding this project due to the uncertainty of HTI and the EDA federal grant that was applied for for the industrial park. Because of these issues, Mayor Cook suggested holding off on moving forward with this project for a couple of weeks until after HTI is scheduled to make an announcement about their future. Mayor Cook also suggested holding off on construction of the trail on Hwy 15 to save bonding costs as well. He would like to wait to hear about the HTI situation and then, dependent on the announcement that is due, perhaps defer this project to 2010. Motion by Czmowski, second by Haugen, to adopt assessment, accept bid and award contract to William Mueller & Sons, Inc., on Letting No. 3, Project No. 09 -03. This includes construction of the trail on Hwy 15. Haugen asked about holding off on the construction of the trail on Hwy 15, Mr. Exner noted that if this piece of the project is pulled separately, the cost of construction could perhaps be double of what was bid in conjunction with the entire project. Mayor Cook also spoke about the Gopher Campfire Sanctuary Road improvement project as well. Roll call vote was taken: Haugen —aye; Arndt — aye; Yost —aye; Czmowski — aye; Cook — nay. Motion carried 4 to 1. (d) PUBLIC HEARING TO CONSIDER A PETITION FOR ANNEXATION BY ORDINANCE REQUESTED BY MCLEOD COUNTY TO ANNEX 5.97 ACRES INTO THE CITY FROM HASSAN VALLEY S 1�)- CITY COUNCIL MINUTES —APRIL I4, 2009 TOWNSHIP LOCATED AT 1105 5 AVENUE SE Rebecca Bowers, Planning /Zoning/Building Director, presented before the Council. Ms. Bowers explained that this property is west of Warrior Manufacturing and east of Hazardous Waste. The need for the annexation is for future expansion of the solid waste facility in the future as well as development of the industrial park as the new north/south road is planned to be constructed along the east property line of the site from 5 Avenue SE. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve annexation requested by McLeod County of 5.97 acres into the City of Hutchinson from Hassan Valley Township located at 1105 5` Avenue SE (waive first reading and set second reading and adoption of Ordinance No. 09 -0529 for April 28, 2009). Motion carried unanimously. (e) PUBLIC HEARING FOR GRANTING OF A BUSINSS SUBSIDY AND TO PROVIDE CITIZEN NOTIFICATION PRIOR TO SUBMITTING AN APPLICATION TO THE MINNESOTA INVESTMENT FUND Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that a new economic development project is happening in the City of Hutchinson — Atomic Crane Corporation. Bruce Kimmel, Ehlers & Associates, presented before the Council. Mr. Kimmel explained that manufacturing companies can tap into conduit bond financing (EDA is conduit issuer through bonding mechanism and approval by the state). There is no recourse libel to the City or the EDA for this type of financing. Mr. Seppelt explained that Atomic Crane Corporation (ACC) is being established in partnership with Hutchinson Manufacturing, Inc. (HMI). HMI currently has expertise and some infrastructure in place for ACC, which has made Hutchinson an attractive place for this new business. Atomic Crane Corporation manufactures massive cranes and associated control boxes and electrical assemblies. ACC will be constructing a 51,000 square foot building on a 3.77 acre site located at 900 Hwy 7 West between the Victorian Inn and Hutchinson Manufacturing. Initial employment at this new facility is estimated to be about 15, ramping up to approximately 65 or 70 by 2012. Average wages will be over $15 per hour. The EDA is proposing the following business subsidies to assist with the project: JOBZ, $400,000 loan at 2% for 7 years from the Minnesota Investment Fund (if grant is approved), $300,000 loan at 2% for 10 years from the Ag & Economic Development board loan program. The State of Georgia is also vying to get Atomic Crane Corporation to locate there. The purpose of offering this assistance to gain ACC is to enhance economic diversity, create high - quality job growth, stabilize the economy and increase the local tax base. Two Resolutions need to be considered by the Council — one to authorize staff to apply to the Minnesota Investment Fund on behalf of Atomic Crane Corporation and the other to authorize the proposed business subsidies for ACC. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Arndt, to adopt Resolution No. 13553, approving the granting of a business subsidy to Atomic Crane Corporation. Motion carried unanimously. Motion by Haugen, second by Arndt, to approve the "Local Government Resolution" for application to the Minnesota Investment Fund. Motion carried unanimously. 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. A ways oo ing toward t e uture, not monitoring past) (a) VOICE OVER INTERNET PROTOCOL PROJECT UPDATE — TOM KLOSS s� CITY COUNCIL MINUTES —APRIL 14, 2009 Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss reminded the Council that in July 2008 he presented to the Council the estimated costs for implementing a Voice Over IP system. The project is a system that utilizes the City's existing high speed network infrastructure as a phone line. The system takes the place of New Ulm Telecom's Centrex system and replaces it with the City's own, internally managed phone system. Mr. Kloss reviewed the numerous benefits with having an internal system. The total one time charges are $238,926.66 with yearly service fees of $45,185.40. The savings over ten years equate to over $500,000. The payback is seen in three years. Jeremy Carter, Finance Director, presented before the Council. Mr. Carter outlined the funding sources identified for this project, which is the capital projects fund. The enterprise funds will be funding the project from their own funds currently used for their phone systems. If the project was delayed one year, best case scenario would be a cost neutral effect. Council Member Arndt raised concern about any adverse effects on public access that is currently provided by New Ulm Telecom. City Attorney Marc Sebora pointed out that the requirement of public access is included in the franchise agreement that New Ulm Telecom holds with the City. Motion by Czmwoski, second by Cook, to move forward with the VOIP project as outlined. Motion carried unanimously. 9. UNFINISHED BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 09 -0524 - AN ORDINANCE REVISING SECTION 31.20 — ORGANIZATION AND APPOINTMENT (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION — TABLED FROM MARCH 10, 2009) Mayor Cook noted that this ordinance contained language addressing term limits, however excludes the EDA from those provisions. Motion by Yost, second by Cook, to approve this ordinance as revised however remove the language that states "Except for the Economic Development Authority ". Council Member Haugen noted that when this topic first came up, it was noted that the enabling Resolution of the EDA instituted six -year terms as well as compensation for the EDA, with neither provision being in accordance with city ordinance (five -year terms not in excess of ten years only HUC members receive compensation). Council Member Haugen likened this establishment to entering into partnerships such as with the City's financial advisor and the benefits of such long -term relationships or term limits. Council Member Czmowski stated he feels that EDA Members should serve as long as the City will have them. Council Member Yost noted that an EDA Member could serve potentially 17 years and that appears to be more than adequate. Roll call vote was taken: Haugen — nay; Arndt — nay; Yost — aye; Czmwoski — nay; Cook — aye. Motion failed 3 to 2. Motion by Haugen, second by Arndt, to accept the EDA enabling Resolution as adopted previously. Roll call vote was taken: Haugen — aye; Arndt — aye; Yost — nay; Czmowski — aye; Cook nay. Motion carried 3 to 2. (b) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOPS TO ADDRESS GOVERNANCE PROCESS These workshops being considered are for Council Member training pertaining to Policy Governance. Two four hour sessions have been suggested. Council Member Czmowski suggested having a pre- meeting facilitated by staff prior to meeting /paying the consultant to meet with the Council. City Attorney Marc Sebora and City Administrator Gary Plotz will aid in facilitating this meeting. Motion by Czmowski, second by Cook, to set Council workshop for April 30, 2009, from 6:00 — 8:00 p.m. to address governance process. Motion carried unanimously. 5(��) CITY COUNCIL MINUTES APRIL 14, 2009 Motion by Czmowski, second by Haugen, to table setting Council workshops with Stacy Sjogren until after the April 30, 2009, workshop. Motion carried unanimously. 10. NEW BUSINESS (a) REVIEW OF INVOLUNTARY SEVERANCE PROGRAM Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that staff has developed an involuntary layoff severance program which includes the following: 1. Two weeks of pay and one day pay for each year of service up to a $5000 maximum combined payout. 2. Payment representing the 35% of the COBRA cost of the current medical and dental insurance premiums for the 9 -month period as defined by the American Recovery and Reinvestment Act of 2009. Ms. Ewing provided examples of how the involuntary layoff severance would be calculated for individuals with various years of service and the different levels of insurance coverage. Council Member Yost asked about the $5000 maximum. Ms. Ewing correlated this to the $20,000 maximum being offered to the identified retiree - eligible employees and the direction that the Council had given that the involuntary package be less advantageous. Mayor Cook asked about the termination date of June 30, 2009. Gary Plotz, City Administrator, noted that the directors conceded that the termination date should be the same as those voluntarily leaving employment, which is required to be June 30, 2009. The target the City identified to cut was $1 million in the 2009 -2010 budget cycle. This number is based on the budget reductions being stated by the governor. Mayor Cook felt that there is time to identify further involuntary cuts and perhaps June 30 could be pushed out further. Mr. Plotz noted that management feels it is best to make decisions sooner rather than later in order to be respond to the proposed cuts. An actual reorganization will need to be approved by the Council and if their wish would be to push out any involuntary terminations, that would be their discretion. Ms. Ewing noted that accrued vacation and compensatory time will be paid out in addition to the involuntary program presented. Motion by Yost, second by Cook, to approve involuntary severance program as presented. Motion carried unanimously. (b) DISCUSSION OF CITY ENERGY CONSERVATION EFFORTS AND MEASUREMENTS — JOHN PAULSON, ENVIRONMENTAL SPECIALIST John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson updated the Council on steps staff has taken to decrease energy consumption. Overall, electric usage has declined .25% city -wide. Natural gas usage has declined in a few areas but has increased city -wide by 10 %. This is mainly due to more heating degree days. An inventory of all tempered buildings and their HVAC systems is near completion. Staff is also completing energy benchmarking for all city facilities over 5000 square feet. Energy conservation training awareness training will be conducted in the near future for city staff. General discussion was held regarding funding and grants that may be available to continue with energy conservation. Gary Plotz, City Administrator, noted that private firms have contacted the City regarding performing energy audits. Mr. Plotz noted that an independent contractor may be utilized to conduct an audit at the police department to start. (c) DISCUSSION OF PREPARING A RESOLUTION IN SUPPORT OF A LOCAL CITY SALES TAX OPTION —STEVE COOK Mayor Cook presented before the Council. Mayor Cook noted that he thought of this as related to the bill in 5�� CITY COUNCIL MINUTES APRIL 13, 2009 the House being considered for a County sales tax option. However, the bill excludes cities from being able to have local city sales tax options. Mayor Cook noted that the Coalition of Greater Minnesota Cities and the League of Minnesota Cities have received complaints of the county sales tax with the option being taken from the cities. CGMC has recommended that the City wait on anything until the House considers the bill. The bill still requires voter approval before a local sales tax could be put in place. Mayor Cook clarified that the intention of this discussion is just to keep the option open for the city and there are no specific projects slated for use of a local sales tax. (d) CONSIDERATION FOR APPROVAL OF RESCHEDULING CITY COUNCIL WORKSHOP FOR THE WATER/WASTEWATER RATE STUDY PROCESS Kent Exner, City Engineer, presented before the Council. Mr. Exner requested that the workshop set for May 26, 2009, be rescheduled to June 9, 2009, at 4:00 p.m. Motion by Haugen, second by Czmowski, to reschedule the workshop set for May 26, 2009, to June 9, 2009, at 4:00 p.m. to review the water /wastewater rate study process. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOPS (2010 BUDGET PARAMETERS AND VACANT/NUISANCE HOUSING ORDINANCE) Motion by Czmowski, second by Cook, to set Council budget parameter workshop for May 26, 2009, at 4:00 p.m. and vacant /nuisance housing ordinance for May 12, 2009, at 4:00 p.m. Motion carried unanimously. Mayor Cook noted that a Policy Governance session was set for April 16, 2009, however attendance has been noted to be limited. He suggested postponing this session and at a future session include the school board with this group. 11. GOVERNANCE ( Purpose: to assess past organizational performance, develop policy that guides the organization and ounci�ethe logistics of the CouncL May include monitoring reports, policy development and governance process items.) (a) LIQUOR HUTCH FINANCIAL REPORT FOR MARCH 2009 No action necessary. 12. MISCELLANEOUS Jim Haugen — Council Member Haugen acknowledged Charter School students and Chief Brad Emans for their work in the Moorhead area on the Red River. Mayor Cook also noted that the Moorhead Mayor also sent him a note thanking residents for their help, as well as the help of college students from around the state. It was noted that action was neglected to be taken on Item 6(b)2. Motion by Czmowski, second by Arndt, to adopt Resolution No. 13555. Motion carried unanimously. Exner noted that this Resolution will be forwarded to Mn/DOT and the Commissioner of Public Safety for their consideration. Gary Plotz — Mr. Plotz noted that he was contacted by Casey Stotts, State Fire Marshall's Office. Mr. Stotts noted that the city should have emergency training on disaster preparedness for the council members. A two -hour training session should be scheduled. This will be considered at a future meeting. Mr. Plotz also mentioned that several department directors have provided year -end reports and, in the past, have provided brief synopses at City Council meetings. Staff is considering providing different reporting mechanisms in the future. Mr. Plotz asked the Council if they would like verbal presentations or if the written reports are satisfactory. Council suggested having two brief reports per meeting throughout the next several meetings. 5�� CITY COUNCIL MINUTES APRIL 14, 2009 Lastly, Mr. Plotz mentioned the wage freeze currently in place on regular full -time and part-time employees. Mr. Plotz inquired as to whether or not the wage freeze should be put in place on seasonal employees as well. Past practice in the parks department has been to increase the seasonal wages by $.25 - $.50 per hour. Dolf Moon, PRCE Director, noted that the intention is to reduce the seasonal work week in the Parks Department from 40 hours to 36 hours per week. Motion by Czmowski, second by Haugen, to allow seasonal employees a wage increase. Motion carried unanimously. Kent Exner — Mr. Exner noted that bids were advertised last week for the Industrial Park improvement project and at least 20+ bid packages have been sent out. Mayor Cook — Mayor Cook noted that one of the house bills being considered was to allow cities to shift the lodging tax money to the general fund. This would take a lot away from the Chamber CVB whom works so hard for these dollars. It has been requested of the City to make a pledge that if this bill is passed, the City would not divert these dollars to the City's general fund. Marc Sebora will draft a Resolution pledging that these funds not be diverted. Mayor Cook asked about the no parking on the east side of Sunset Street. He asked that Kent Exner look into that. Mayor Cook also asked for an update on the Legacy Act and allocation of funds for trails. Dolf Moon noted that it is still in the works. Discussion was also held regarding crosswalks and motorists failing to stop for pedestrians in crosswalks. 13. ADJOURN Motion by Arndt, second by Cook, to adjourn at 9:20 p.m. Motion carried unanimously. 5b- {: _' TO: Mayor and City Council FROM: Tom Moss, Director of Information Technology RE: Monthly Web Statistics Report DATE: April 28th, 2009 New Visitors/Returnine Visitors This area gives us a full count/comparison to the number of new visitors versus those returning. The identity used to determine whether a visitor is new or returning is based on IP address and Web Cookies. Traffic Sources Traffic sources shows where a visitor came from prior to opening one of our pages. Referring Sites means a web site other than ours provided a link directly to our site. Search Engines refers to tools such as Google or Yahoo. Direct Traffic means the user typed in our address directly or used a bookmark to reach our site. Too Five Entrance Paves The top five Entrance pages refers to a page that was directly entered much like Direct Traffic above. This tells us they were looking for information on that page and had more than likely visited the page previously and book marked it. Top Five Exit Pages The top five Exit pages refers to the page the visitor was on when they left our web sites. This tells us the information the visitor was looking for was found on this page and therefore they left from this page. Top Ten Page Views On the City of Hutchinson report the graph will show the top ten pages that were viewed and how many hits each page had. Due to the number of pages in the City web site we can only display the top ten pages. For the other six web sites you will see all the pages within each site with a side by side comparison for the previous three months. Visitors Origin Report The Visitors Origin shows very generic summary of where visitors are connecting from. The full report gives us information to the City level. Connection Speeds The connection speed helps us determine at what speed visitors are connecting which helps us in designing our pages. (e [a-)I Web Site Analytics New Visitors / Returning Visitor Feb - 5456 Hits ci.hutchinson.mn.us /index.php ♦ 'C� ■ New Visitors Gr 4000 250-4.33% ❑ Returning Visitors 274-5.02% parkrec.html 3384 345 134-2.46% 3500 32 ng 14 = i 3000 2390 104-1.91% `~ ° O 2500 2247 2205 Jan - 5774 Hits Feb - 5456 Hits ci.hutchinson.mn.us /index.php 2508 - 43.44% 2000 job.html 423-7.33% E 451-8.27% police.html 278-4.81% ° 1500 links.html 164-2.84% Z 6 z 1000 buricharena.html 161 -2.79% 500 parkrec.html 0 brochure.html Jan, 2009 Feb, 2009 Mar, 2009 �= Month = O Traffic Sources ■ Jan, 2009 - 5774 Hits a� ■ Feb, 2009 - 5456 Hits E 70.00% ❑ Mar, 2009 - 5662 Hits z 1-0 60.00% 4010 50.00% ° o 0 40.00% 0 �j 30.00% O �= 20.00% _ 10.00% O i 0.00% E Referring Search Direct Traffic M Sites Engines z 15,379 PAGE VIEWS - TOP 10 PAGES LISTED ❑ January 1 -31, 2009 4743 ��� op. �� , ♦G� ter' �5 a �+ . ♦a � �� G o 15,597 PAGE VIEWS - TOP 10 PAGES LISTED 4817 9 2 5 875 fins 490 362 335 279 264 Top Five Entrance Pages Jan - 5774 Hits Feb - 5456 Hits ci.hutchinson.mn.us /index.php ♦ 'C� , off � Gr police.html 250-4.33% DSL 274-5.02% parkrec.html 4743 ��� op. �� , ♦G� ter' �5 a �+ . ♦a � �� G o 15,597 PAGE VIEWS - TOP 10 PAGES LISTED 4817 9 2 5 875 fins 490 362 335 279 264 Top Five Entrance Pages Jan - 5774 Hits Feb - 5456 Hits ci.hutchinson.mn.us /index.php 4240 - 73.43% 3943 - 72.27% police.html 250-4.33% DSL 274-5.02% parkrec.html 158-2.74% 115 134-2.46% buricharena.html 129-2.23% 14 111 -2.03% job.html 85-1.47% 104-1.91% reccenter.html 77-1.33% 52-.95% Top Five Exit Pages Jan - 5774 Hits Feb - 5456 Hits ci.hutchinson.mn.us /index.php 2508 - 43.44% 2266 - 41.53% job.html 423-7.33% 451-8.27% police.html 278-4.81% 312-5.72% links.html 164-2.84% 149-2.73% buricharena.html 161 -2.79% parkrec.html 136-2.49% brochure.html NO N IP 14,580 PAGE VIEWS - TOP 10 PAGES LISTED ❑ February 1 -28, 2009 Mar - 5662 Hits 4023 - 71.05% 275 4.86% 162-2.86% 118-2.08% 109-1.93% Mar - 5662 Hits 2191 - 38.70% 513-9.05% 320-5.65% 148-2.61% 152-2.68% ❑ March 1 -31, 2009 c� • �'�- ♦? P � ♦�� \ ♦ tea '� ♦��� 5726 Visits from 50 States & 46 Countries 4491 Visits from 166 Cities in MN 5456 Visits from 48 States & 44 Countries 4205 Visits from 172 Cities in MN 5662 Visits from 50 States & 41 Countries 4421 Visits from 175 Cities in MN Unknown 2032 1737 T1 1802 1650 Cable 1132 1274 DSL 661 668 Dialup 115 109 OC3 27 14 ISDN 5 4 A MORE DETAILED REPORT IS AVAILABLE UPON REQUEST 1657 1492 1590 781 122 14 6 New Visitors / Returning Visitors ■ New visitor M Returning Visitor 700 6 600 0 500 400 0 300 z 200 100 0 Web Site Analytics PAGE VIEW 1200 1000 N 800 ° 600 E =1 400 z 200 ■ Jan, 2009 - 493 Hits ■ Feb, 2009 - 706 Hits ❑ Mar, 2009 - 990 Hits Referring Sites Search Direct Traffic Engines Top Five Entrance Pages Traffic Sources o 60.00 /o o ho 50.00% commission.html o o oho 104 aboutus.html 40.00% index.html 11 -2.23% ti residential.html 30.00% Dialup rebateresident.html 18 58-5.86% Top Five Exit Pages Jan - 493 Hits 20.00% 130-26.37% C) hutchinsonutilities .com /index.htr 115-23.33% 93 commission.html 10.00% tiM 00 O �O O (or 00 4� N s n MOM "r- Cfl OMO -00 00T aboutus.html 50-10.14% 1 custbill.html 29-5.88% 0.00% - rebateresident.html -di A MORE DETAILED REPORT IS AVAILABLE UPON REQUEST Web Site Analytics PAGE VIEW 1200 1000 N 800 ° 600 E =1 400 z 200 ■ Jan, 2009 - 493 Hits ■ Feb, 2009 - 706 Hits ❑ Mar, 2009 - 990 Hits Referring Sites Search Direct Traffic Engines Top Five Entrance Pages Jan - 493 Hits hutchinsonutilities .com /index.htr 397-80.53% 284 commission.html 29-5.88% 104 aboutus.html 11 -2.23% index.html 11 -2.23% ti residential.html 11 -2.23% Dialup rebateresident.html 18 58-5.86% Top Five Exit Pages Jan - 493 Hits job.html 130-26.37% C) hutchinsonutilities .com /index.htr 115-23.33% 93 commission.html 58-11.76% tiM 00 O �O O (or 00 4� N s n MOM "r- Cfl OMO -00 00T aboutus.html 50-10.14% 1 custbill.html 29-5.88% 11H rebateresident.html 0 P- Unknown O r 284 ■ Jan, 2009 - 1298 Page Views ■ Feb, 2009 - 2125 Page Views Cable 104 225 341-34.44% ❑ Mar, 2009 - 2693 Page Views 78 ti 186-18.79% Dialup 6 18 58-5.86% OC3 4 00 00m C) O 93 106 ��O O O O tiM 00 O �O O (or 00 4� N s n MOM "r- Cfl OMO -00 00T ISDN 1 124-12.53% 11H in ..r, - ri -� U U011 ��� �N co ANN C140404 I`�N N O MEH �� ��� ��� ��� ��� ��� ��� ��` ��� ��� S�� ��� r r r r r r r r r r r r r r r r r r `o � o `p'�a ' ,���' ���' .��' G�� ' ao�'' Q0`' ,°� �o�' ° � ,��Q o�' a ��' �5• o�'�• yr I\$ `5 5 ,po G �5 ��� °� �K `° o � ad o �� G ° � ` ��5 G` � ` � `,� ,�o o ��a o �� Utilities Commission Web Pages Viewed Feb - 706 Hits 545-77.20% 39-5.52% 38-5.38% 17-2.41% 17-2.41% Feb - 706 Hits 94-13.31% 124-17.56% 68-9.63% 62-8.78% 123-17.42% Mar - 990 Hits 826-83.43 36-3.64% 12-1.21% 55-5.56% 17-1.72% Unknown 208 284 Mar - 990 Hits Cable 104 225 341-34.44% DSL 78 71 186-18.79% Dialup 6 18 58-5.86% OC3 4 1 61 -6.16% T1 93 106 ISDN 1 124-12.53% A MORE DETAILED REPORT IS AVAILABLE UPON REQUEST 372 138 333 122 24 1 Jan, 2009 Feb, 2009 Mar, 2009 Month Web Site Analytics 160 140 i 120 0 100 80 60 O 40 Z 20 0 New Visitors / Returning Visitors 4 „ C 152 Traffic Sources ❑Jan, 2009 - 161 Hits o \o No 0\0 o \o o \o o \o p ° \° ❑Feb, 2009 - 174 Hits 50.00% �DK' - �� <5 c ,��` ❑ Mar, 2009 - 186 Hits 45.00% 40.00% 35.00% o \o 30.00% o \o �°� ��6 25.00% ��� ®° 20.00% K 15.00% 10.00% 5.00% 0.00% Page Views 200 m M cq ❑Jan, 2009 - 442 Page Views 180 ° 160 ❑ Feb, 2009 - 399 Page Views 140 ❑ March, 2009 - 424 Page Views = 120 100 a� 80 00 (0 E ° cfl c9 Q0 c0 Z 60 co 40 N 00 00 C) LO O N r N CO m I I 20 T, - i lr� d7 N N pp M F-1 F-1 0 Liquor Hutch Web Pages Viewed Referring Search Direct Traffic 2-1.08% Sites Engines 2-1.08% RF TopuWr Entrance Pa H its Feb 174 Hits '61 - liquorhutch.com /index.html 137-85.09% 154-88.51% wineclub.html 3-1.86% 4 - 2.30% aboutus.html 6-3.73% Unknown 56 products.html 68 • Hits Cable 42 index.html 10-6.21% 6-3.45% specials.html 27 28 4-2.30% disclaimer.html Jan 161&R F- 174 Hits .. Four Exit Pages liquorhutch.com /index.html - 66-40.99% • - 65-37.36% T1 products.html 20-12.42% 32 22-12.64% ISDN specials.html 17-10.56% 24-13.79% wineclub.html 20-12.42% 36-20.69% 160-86.02% 2-1.08% 2-1.08% 9-4.84% 8- 4.30% Connection Sp " kk 0i• Feb 2-1.08% Unknown 56 61 68 • Hits Cable 42 49 56 68-36.56% DSL 14 27 28 34-18.28% Dialup 2 5 2 25-13.44% OC3 1 27-14.52% T1 45 32 32 ISDN 1 A MORE DETAILED REPORT IS AVAILABLE UPON REQUEST Jan, 2009 Feb, 2009 Mar, 2009 Month Referring Sites Top Four Entrance Pages hutchinsonhra.com / index.html links.html /parktowers.html /index.html /foreclosure.html subordpolic.html /rehab.html Top Four Exit Pages hutchinsonhra.com / index.html /aptguide.html /parktowers.html /rehab.html /links.html /homebuyer.html /foreclosure.html Web Site Analytics Search Direct Traffic Engines n w r± 0 111 CIn►C U) 0 a� E m Z 350 300 250 200 150 100 50 0 ❑ Jan, 2009 - 799 Page Views ■ Feb, 2009 - 721 Page Views New Visitors / Returning Visitors (e ap N 250 232 221 231 125 200 10- 3.72% ■ New Visitors ° 150 M ■ Returning Visitors y C) co M M CflM M N 6 101 0 100 1 n- rl (Y) Ulu a-All 1111i HiH lion DID 010 Ulu 0101- m �� c 48 Z 50 0 Jan, 2009 Feb, 2009 Mar,2009 Month Traffic Sources ■ Jan, 2009 - 298 Hits 60.00% ° o �p°�' ■ Feb, 2009 - 269 Hits ❑ Mar, 2009 - 332 Hits 50.00% 40.00% ' Cb , o \o 30.00% 20.00% 10.00% 0.00% Referring Sites Top Four Entrance Pages hutchinsonhra.com / index.html links.html /parktowers.html /index.html /foreclosure.html subordpolic.html /rehab.html Top Four Exit Pages hutchinsonhra.com / index.html /aptguide.html /parktowers.html /rehab.html /links.html /homebuyer.html /foreclosure.html Web Site Analytics Search Direct Traffic Engines n w r± 0 111 CIn►C U) 0 a� E m Z 350 300 250 200 150 100 50 0 ❑ Jan, 2009 - 799 Page Views ■ Feb, 2009 - 721 Page Views 00 ❑ Mar, 2009 - 850 Page Views 0) (e ap N 12 -4.03% 14 -5.20% N 125 9- 3.02% 10- 3.72% 44 LO Cable M 94 82 C) co M M CflM M N 6 4 00 N N N O (00 M N N �� N N N -p N�� N N NN N co n I NI` OC3 1 n- rl (Y) Ulu a-All 1111i HiH lion DID 010 Ulu 0101- m �� Q. �G o r �r co �r G r �r CO ,�r r � �r � d �� ' � ' or a o �� ��o ' `` o�� �`o�. � do t ��o ��� � o�a� o � o no � �,po o ��� G �� nor` 0 �5 `��� ��•p ro w Gr o o� 6\C6 �o�o err r� r 5 0 \0 HRA Web Pages Viewed Jan - 298 Hits Feb - 269 Hits 218-73.15% 201-74.72% 12 -4.03% 14 -5.20% 10-3.36% 125 9- 3.02% 10- 3.72% 44 9-3.35% Jan - 298 Hits 93-31.21% 51 -17.11% 31 -10.40% 19-6.38% Feb - 269 Hits 82-30.48% 58-21.56% 23-8.55% 16-5.95% Mar - 332 Hits 241 -72.59% 9-2.71% 26-7.83% 11 -3.31% 9-2.71% Mar - 332 Hits 85-25.60% 50-15.06% 29-8.73% 34-10.24% T1 52 47 82 Unknown 137 80 125 DSL 35 44 38 Cable 67 94 82 Dialup 6 4 5 OC3 1 A MORE DETAILED REPORT IS AVAILABLE UPON REQUEST 333FI� a Number of Visits Unique Visitors New Visitors I Returning Visitors 350 300 i 250 O 'N 200 150 O 6 100 Z 50 0 Web Site Anal =EEEE=%F= 450 194 Jan, 2009 Feb, 2009 Mar,2009 Month Traffic Sources 500 450 400 350 �= 300 2 ° 250 200 E M 150 100 50 ❑ Jan, 2009 - 450 Hits 0 90.00% � ■ Feb, 2009 - 400 Hits 80.00% ° ° ° ❑Mar, 2009 437 Hits °o r �� \N \N r'`� r'`� r'`� r'`� r'`� r'`� r'`� r'`� r'`� r'`� r r'`� 70.00% oat a d o °a �'���� ��� off# �'��� � . 0 ♦��� ���� �`p ° � o�`� � ♦ � o � v'�' r 60.00% o� ♦� o��� +��� o aa �, ♦ ,�a ♦ 5 ��� � `p �G�� Coo�� o 50.00% 40.00% EDA Web Pages Viewed 30.00% A° "3\ 20.00% `�' 446 Visits from 25 States & 3 Countries 10.00% 373 Visits from 34 Cities in MN 0.00% 400 Visits from 19 States & 6 Countries • 1 1 • Referring Sites Search Engines Direct Traffic 338 Visits from 28 Cities in MN 437 Visits from 23 States & 5 Countries Top Four Entrance Pages Jan - 450 Hits Feb - 400 Hits Mar - 437 Hits 1 392 Visits from 29 Cities in MN hutchinsoneda /index.html 405-90.00% 352-88.00% 398-91.08% index.html 7-1.56% 6 - 1.50% trnged.html 6-1.33% 4 - 0.92% Connection Speed N N land.html 5-1.11% 5 - 1.25% N Jan,2009 Feb downtown.html 9-2.25% 14 - 3.20% T1 278 266 302 busdata.html 7-1.60% edastaff.html 4-0.92% Unknown 99 75 60 Top Four Exit Pages Jan - 450 Hits Feb - 400 Hits Mar - 437 Hits DSL 27 23 29 hutchinsoneda.com /index.html 260-57.78% 273-68.25% 299-68.42% Cable 40 36 43 links.html 31 -6.89% Dialup 5 2 index.html 21-4.67% OC3 1 1 downtown.html 19-4.22% 18-4.12% edastaff.html 16-4.00% 19-4.35% finance.html 14 -3.50% 18-4.12% A MORE DETAILED REPORT IS AVAILABLE UPON REQUEST busdata.html 12-3.00% r- co LO ❑Jan, 2009 - 1071 Page Views ■ Feb, 2009 - 738 Page Views ❑ Mar, 2009 - 783 Page Views co Nd- 1:t ��� O QOM O CO I` ��q O CO N N N N O r N r N N 400 437 151 145 PAC-.F VIEWS Web Site Analytics 250 200 O N 150 0 100 6 Z 50 0 Jan, 2009 Feb, 2009 Month Traffic Sources 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% 350 300 250 = 200 O a� 150 E 100 Z 50 0 PAGE VIEWS co ❑ Jan, 2009 - 489 Page Views ■ Feb, 2009 - 447 Page Views O LO creeksidesoils.com /index.html r M 89-72.36% r 00 O O O 9-7.09% r It Uj L 00 O �MLO co 00 rn LO Cfl N M 00 M M Cfl Cfl r co 13 - 10.57% 10-3.97% /soilswb.html N 35 N r r rr r r r r r r N rN r �� N O N r a0 d0 O r LO f f �m r r 00 00 m 't r r off` N '� ��` 'sN S� �� �� �� ��� '§� '�� '6� ��� ' §` '�� ��` ��` 01 z Mar, 2009 v r v r r r r r r r r r r r r r r r r r �� o � P\0 - 0\11 C6 �5 �5• �5• o ff• �5 �o • .��' ���' ;��Q• �, o�. ° �o ��,' ��' ��,' ��' go t • o .�'`' o ,�'�• o �� ��� `�` ° 5 ° � °��° ° � °���a `G ��� �`� ��� ��c`� 0 ��5 Goo Co �o� o�� �` �`a , o ° �C` �C` ��� �o ❑Jan, 2009 - 127 H its ° °`� �° �J� �J� ��'�° �o G .?� G`� GJS G�5 °� `°,1� �r ❑Feb, 2009 - 123 Hits NCO ❑ Mar, 2009 - 252 Hits `GJ� C) Top Four Entrance Pages Jan - 127 Hits Feb - 123 Hits Mar - 252 Hits creeksidesoils.com /index.html 99-77.95% 89-72.36% 202-80.16% /mulchcolored.html 9-7.09% 11 -8.94% 8-3.17% /soilscs.html 8-6.30% 13 - 10.57% 10-3.97% /soilswb.html 3-2.36% 35 83 /soilssg.html 3 3-2.44% 8 - 3.17% Top Four Exit Pages Jan - 127 Hits Feb - 123 Hits Mar - 252 Hits creeksidesoils.com /index.html 56-44.09% 58-47.15% 94-37.30% /soilscs.html 12-9.45% 15-12.20% 27-10.71% /mulchcolored.html 11 -8.66% 10-8.13% /findus.html 9-7.09% 9 - 7.32% 24-9.52% retailoutiets.html 19-7.54% CreekSide Web Pages Viewed A MORE DETAILED REPORT IS AVAILABLE UPON REQUEST New Visitors / Returning Visitors Referring Sites Search Engines Direct Traffic C onnection Speed ii• Feb Mar 2009 Unknown 51 39 75 T1 25 25 32 Cable 25 35 83 Dialup 3 2 9 DSL 23 22 51 A MORE DETAILED REPORT IS AVAILABLE UPON REQUEST New Visitors / Returning Visitors Referring Sites Search Engines Direct Traffic Web Site Analytics New Visitors / Returning Visitors 14 400 335 370 M New Visitors N 350 ❑ Returning Visitors 300 N 250 184 > 200 0 150 123 Z 100 50 0 Feb, 2009 Mar, 2009 Month Traffic Sources 700 600 `-' N 500 o 400 i 300 200 Z 100 0 Page Views ❑ Feb, 2009 1639 Page Views ■ Mar, 2009 - 1616 Page Views N LO O Lo O G) 00 Rnm m m I n m crol mm co (0 c-0 cN CO (0 00 CV Pr + r �r 5r �r �r �r �r r �r �r �r �r �r J r ■ Feb, 2009 - 458 H its a .��� . O�� . aOK S� �J� .`,�� ��O �p0 �X� ❑ Mar, 2009 - 554 Hits � � G� O � O� ��O ¢� O SO \ p�5 '� e ' I �\� \ Event Center Pages Viewed Top Five Entrance Pages Feb - 458 Hits Mar - 554 Hits Apr - index.html 418-91.27% 505-91.16% location.html 10-2.18% 146 vendorsfood.html 9-1.97% 23 - 4.15% newsevents.html 4-.87% 6 - 1.08% rentalequip.html 4-.87% 5 forms.html 4-0.72% senadapt.html 4-0.72% Top Five Exit Pages Feb - 458 Hits Mar - 554 Hits Apr - index.html 174-37.99% 249-44.95% location.html 67-14.63% 57-10.29% forms.html 49-10.70% 56-10.11% newsevents.html 48 10.48% 51 -9.21% vendorsfood.html 20-4.37% 30-5.42% T1 96 131 Unknown 179 179 Cable 112 146 DSL 56 84 Dialup 15 9 OC3 5 A MORE DETAILED REPORT IS AVAILABLE UPON REQUEST Referring Sites Search Direct Traffic Engines Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, March 17, 2009, 7:00 AM Minutes 1. CALL TO ORDER: Chairman Joel Kraft called the meeting to order. Members Present: Becky Felling, LaVonne Hansen, and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON FEBRUARY 17, 2009 Becky Felling moved to approve the Minutes as written. Ruth Kimball seconded and the motion carried unanimously. 3. FINANCIAL REPORTS LaVonne moved to approve the City Center General Fund payments of $14,167.85 for checks 7374 to 7392 and February 2009 Financial Statements and Park Towers January Financial Statements and payments of $72,278.02 for checks 10615 to 10661. Ruth Kimball seconded and the motion carried unanimously. 4. CONSIDERATION OF RESOLUTION #09 -02 TO APPROVE PAYMENT OF A $35.00 PER DIEM TO BOARD MEMBERS Table to Review State Statute and HRA Enabling Resolution 5. PARK TOWERS a. Ruth Kimball moved to approve Resolution #09 -03, Board Resolution Approving Capital Fund Annual Statement For American Recovery And Reinvestment Act (ARRA) Funds Capital Fund Grant Number MN46S 10350109 to include the concrete parking lot. Becky Felling seconded and the motion carried unanimously. b. Jean Ward updated the Board on the Renovation Project. The final payment should be next month when all the punch list items have been done. c. Ruth Kimball moved to approve the Park Towers Smoking Policy. Becky Felling seconded and the motion carried unanimously. 6. RFP FOR REALTOR SERVICES TO SELL HRA/SCHOOL CONSTRUCTION HOUSE Jean Ward reviewed with the Board the proposals the realtors submitted to sell the HRA/School Construction house. Becky Felling moved to approve Diane Sorensen of Coldwell Banker Advantage. Ruth Kimball seconded. Joel Kraft abstained. The motion passed. FORECLOSURE UPDATE Jean Ward reviewed with the Board the Foreclosure Report Updated 3/10/2009. 8. 2008 HRA Year End Report Jean Ward reviewed with the Board the 2008 HRA Year End Report. 9. OTHER/FYI: - March Planning/Zoning/Building Department staff meeting agenda. - FYI Census Meeting Thursday, March 26, 2009 City Center Council Chambers - Housing Funding Updates 10. ADJOURNMENT There being no other business, Chairman Joel Kraft declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director Becky Selling, Secretary /Treasurer \) March 17, 2009 Minutes Page I of I �" Planning, Zoning, and Building Dept. Monthly Report March 2009 I , l Building Department Permit Activities Planning, Zoning, and Building Department — Other Activities Facilities Management/Maintenance Activities: Evergreen Meals served in March Park Silver Week Of Hutchinson Towers Lake Glencoe Brownton Stewart 3/2008 312009 Year to Date Total Number Inspections 109 115 307 Building Permits Issued by Type Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Commercial new 0 1 -$15,000 1 -$15,000 Commercial Additions/ Remodels 5-$364,200 3 - $64,600 6-$175,100 Industrial new 0 0 0 Industrial Additions /Remodels 0 0 0 Fire Sprinkling 0 1-$13,000 2 - $14,000 Total New Residential Units (Single Family, twins, townhomes 0 0 0 Residential misc. additions, repairs, remodels, etc 6-$56,100 5 - $22,600 11 -$89,800 Set fee permits reside, reroof, window replacement, misc.)' 25 25 48 Subtotal Building Permits: $420,300 $115,200 $293,900 Mechanical 16-$12,380 26-$20,000 37 - $199,100 Plumbing* 7 8 15-$13,253 Signs* 11 3 14 Total Permits issued and valuation 70 - $432,680 72 - $135,200 134 - $506,253 Set fees not included in valuation Planning, Zoning, and Building Department — Other Activities Facilities Management/Maintenance Activities: Evergreen Meals served in March Park Silver Week Of Hutchinson Towers Lake Glencoe Brownton Stewart 3/2 -3/6 253 165 90 137 53 59 3/9 -3/13 264 183 97 149 50 74 3/16 -3/20 277 191 96 139 55 65 3/23 -3/27 266 186 106 150 59 65 3/30 -3/31 61 80 44 57 , 20 28 Total 1121 805 433 632 237 291 Total Meals Served in March - 3,519 Educational Activities: Kyle Dimler attended the monthly meeting of the Minnesota Chapter of the International Code Council, business meeting regarding state delegation agreements for state projects. Education portion of the meeting was on residential fire sprinkler systems. Planning, Zoning, and Building Dept. Monthly Report for March 2009 Page 2 s Planning and Zoning Monthly Activities: MonthNear: March, 2009 Activity Number Additional Info. Zoning Review of Building Permits 14 Zoning Review of Sin permits 3 Planning /Zoning Applications Provided 9 Predevelopment Meetings/ Faith Lutheran Church — one stop shop, Applicants Assisted 5 Park Towers projects, manufactured home park, Honeytree Rd vacation, Aveyron Homes adult daycare 205 Monroe St — CUP amendment Planning Commission Applications 5 900 Hwy 7 W, variance, site plan Reviewed and Processed Energy Park North preliminary plat and rezoning, 900 Hwy 7 W — rezoning to 1 -1, Gateway Ordinance Zoning Amendment Joint Planning Applications 1 McPherson Preliminary Plat Reviewed and Processed Zoning Enforcement Letters and 5 Ryan Co. zoning letter, letters on outdoor Zoning Compliance Letters storage, shoreland ordinance issues, sign enforcement letters Misc. Meetings Attended 30 Special Projects and Activities: Department coordinated and hosted Census 2010 town hall meeting with participation of residents and government officials of several cities in McLeod County. Rebecca participated in the Single Family Green Rehab specification training with MN Green Communities. The Building Dept. successfully completed our State audit with the Dept. of Labor and Industry, Building Codes and Standards division with very positive feedback on our performance. Completed and mailed customer satisfaction survey to list of contractors. Responses will be compiled and summarized with April monthly report. GABUILDING\rnonthly reports\2009\PBZ- 3.2009.doc MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 17, 2009 Hutchinson City Council Chambers 2. 3. 4. 5. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Lynn Otteson at 5:30 p.m. members present: Chris Kovacic, Christie Rock, John Lofdahl, Chad Czmowski Currimbhoy and Chairman Otteson. Absent: None Also present: Rebecca Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Coordinator PLEDGE OF ALLEGIANCE ELECTION OF OFFICERS with the following Mike Flaata, Farid Bowers, Planning Baumetz, Planning Chairman Otteson called for nominations for Chair. Ms. Rock nominated Mr. Lofdahl for Chair. Nominations ceased and a unanimous motion carried for John Lofdahl as Chair. Chair Otteson called for nominations for Vice Chair. Mr. Currimbhoy nominated Mr. Kovacic for Vice Chair. Nominations ceased and a unanimous motion carried for Chris Kovacic as Vice Chair. CONSENT AGENDA a) Consideration of Minutes dated February 17, 2009. Mr. Flaata moved to approve the consent agenda as submitted. Seconded by Mr. Lofdahl. The consent agenda was approved unanimously. PUBLIC HEARINGS a) CONDITIONAL USE PERMIT AMENDMENT TO REVISE THE APPROVED PARKING AREA FOR THE CAR DETAILING BUSINESS AT 205 MONROE STREET S.E. IN THE I/C DISTRICT Chairman Otteson opened the hearing at 5:37 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers commented on the conditional use permit granted for the car detailing business on June 24, 2008, on the vacant lot in the I/C District. She explained the location of the lot which is south of UBC, west of a trucking company and adjacent to residential property. The building and driveway were constructed in the Fall 2008. The plan approved 4 parking spaces on the east side of the building. This request is an amendment to the previous conditional use permit and is for three spaces along the west side of the building and one space on the north side of the building. Changes to conditional uses require the plan to be amended. The proposed setbacks are less than recommended in the I/C district. Lesser setbacks can be reviewed and approved with the CUP amendment. Ms. Bowers reported the request meets the conditional use permit standards. Staff recommends approval of the amendment to the CUP for the revised parking with the following conditions, which includes the conditions previously adopted: 1. Screening with fencing or plantings of trees or shrubbery along the south and west property lines is required on the subject property to screen from residential property. lD (-a-) q Minutes Planning Commission — March 17, 2009 Page 2 Screening shall be provided on private property and not on the public right of way. Screening shall meet the requirements of section 154.115. The landscaping plan shall be approved by the City Forester. The driveway and parking area must be paved with bituminous or concrete. The applicant shall provide a minimum of four off street parking spaces to accommodate additional vehicles on site, as shown on the attached "Revised Parking Plan ". All parking and car detailing must be conducted on the subject property and no servicing of vehicles or on- street parking is allowed due to the impact to adjacent residential properties. One access onto Second Avenue is permitted, with a maximum driveway width of 24 feet. No access from the alley will be allowed. i 4. Discussion followed on the surface of the parking area. Staff stated the parking area would be paved. There was also discussion of the vehicles parking on the street. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Kovacic, the hearing closed at 5:43 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff recommendations 14. Seconded by Ms. Rock, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held March 24, 2009, in the Council Chambers at 5:30 p.m. b) VARIANCE TO ALLOW FRONT SETBACK LESS THAN 5 FEET FOR A FENCE, SIGN AND DECORATIVE PIERS ON HUTCHINSON UTILITIES PROPERTY AT 44 -4 AVE. N.E. Chairman Otteson opened the hearing at 5:45 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers commented on the request by Hutchinson Utilities for a variance to allow a decorative fence with signs to be placed 1 — foot from the property line. The setback requirement for signs and fences along a street right of way is 5 feet from the property line. She noted the proposed design was developed by Landform consultants for HUC. The applicant stated the hardship is the location of the electrical utilities control box for the MNDOT traffic lights and a manhole to access the traffic light control box conductor. There is also an electrical pedestal for the marquee sign. Ms. Bowers stated this is a narrow lot with limited space. The request is part of a broader landscaping plan. The setbacks will vary from 1 to 5 feet. Staff recommends approval of the variance to allow the fence, sign and piers, with the following findings and recommendations: 1. The standards for granting a variance have been met, including a finding of undue hardship due to extremely narrow lot, placement of the building along the right of way, the location of the electrical utilities, an electrical control box, and manhole for the MNDOT traffic lights. 2. The property is unique as it is extremely narrow and has a very limited area to construct any type of fence that would meet the 5' setback requirements and that would not interfere with utilities on the lot. 3. The variance would not alter the essential character of the locality. The building has an orientation that is set close to the street. The decorative fence and signage would improve the appearance of the site and highlight a historic local landmark. 4. The variance is approved with the setback shown on plans dated February 17, 2009, with setbacks ranging from a minimum of V to 5.5 from the property line. (V (-0)� Minutes Planning Commission — March 17, 2009 Page 3 Discussion followed on the Hwy 7 right -of -way expansion and the loss of property due to expanded right of way. The Commission also discussed that the request would meet the standards for allowing a variance, including a finding of undue hardship. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 5:51 p.m. Mr. Currimbhoy made a motion to recommend approval of the request noting the hardship of extremely narrow lot, placement of the building along the right of way, the location of the electrical utilities, an electrical control box, and manhole for the MNDOT traffic lights and staff recommendations 1-4. Seconded by Mr. Faata, with the hardship in Number 1, the motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council consent agenda at their meeting held March 24, 2009 in the Council Chambers at 5:30 p.m. c) CONDITIONAL USE PERMIT, SITE PLAN AND SETBACK VARIANCE FOR AN ADDITION TO FAITH LUTHERAN CHURCH AT 335 MAIN STREET SOUTH IN THE R -2 (MEDIUM DENSITY RESIDENTIAL) DISTRICT Chairman Otteson opened the hearing at 5:52 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers commented on the Faith Lutheran Church expansion. Church uses are conditional uses in the R -2 district and an expansion requires a conditional use permit. The addition will be located 4 feet from the property line where 25 feet is required. The proposal includes removing the existing education wing on the north side of the building and constructing a new two story above grade addition with a partial basement. She stated one of the key areas to review for the expansion is parking. The parking requirement for churches is determined by the amount of seating in the sanctuary. She commented on the parking issues during construction. After construction is complete and the new addition is open, the Hope Center building would be removed and green space established until the phase II portion of the project in the future. In reviewing the request, staff finds that the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to existing non - conforming setback as the structure was constructed prior to modern zoning standards and the limited area in which to construct the addition. Additionally, the request would not alter the character of the locality as the addition would be similar to the placement of buildings in the area, many of which were constructed with zero setback. Ms. Bowers reported the conditional use standards have been met. She explained the parking requirement. In this case, the request is for classrooms, offices and meeting rooms. Parking is calculated by the seating in the sanctuary. Ms. Bowers commented on the changes to the number of accesses after the staff meeting and one stop shop to remove 2 access drives. Some parking stalls would be lost, but the site would still meet requirements. She also stated some changes in final construction plans would be needed due to the geothermal well fields and their proximity to utility lines. Staff recommends approval of the conditional use permit, site plan, and variance, with the following findings and conditions. 1. The proposal would meet the standards in the Zoning Ordinance, with the exception of the building setback for which a variance is requested. 2. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the existing non - conforming setback as the structure was constructed prior to modern zoning standards and the limited area in which to construct the addition. The request would not alter the character of the locality as the cp 6a) H Minutes Planning Commission — March 17, 2009 Page 4 addition would match the building line on the east. The variance is to allow a 4' building setback for the west side of the building, where 25' feet is required. 3. Final utility, grading, and stormwater management plans must be approval by the City Engineer prior to construction. 4. The final parking lot plan must be submitted identifying dimensions and traffic flow arrows prior to striping for approval of the City Engineer and Planning Director. 5. A temporary parking plan shall be developed and implemented to deal with the loss of parking throughout the construction period. 6. Construction traffic shall not use the 3r Avenue driveway and shall be directed to the Hassan Street or 4"' Avenue routes. 7. Exterior lighting must be shielded and shall not cause glare to adjacent properties. A lighting plan with fixtures details shall be submitted to the Planning Director for approval prior to installation. 8. Approval of the City Forester is required before any boulevard trees may be removed. The final landscaping plan shall be approved by the City Forester. Mr. Flaata abstained from voting as a church member. There was discussion on the one stop shop meeting via telephone conference call with the architect and the contractor. Also discussed was the removal of the Main Street access. Randy Redman, representing Faith Lutheran Church, commented on the project and explained the parking plan throughout the construction period. The church will be holding outdoor services at Library Square whenever possible throughout the summer. Mr. Redman stated the parking lot should be completed by September. To accommodate off -site parking, they will have two vans available to shuttle people from the public parking lots by Mid Country Bank and at the corner of Hassan Street and First Avenue. There will also be on street parking on Hassan Street and Third and Fourth Avenue. The building construction completion date is Easter, 2010. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:05 p.m. Chairman Otteson reminded the Commissioners to clearly state the hardship when approving the variance. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations 1 -8. noting finding of undue hardship and uniqueness due to the existing non - conforming setback as the structure was constructed prior to modern zoning standards and the limited area in which to construct the addition. The request would not alter the character of the locality as the addition would match the building line on the east. Seconded by Ms. Rock, the motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council consent agenda at their meeting held March 24, 2009 in the Council Chambers at 5:30 p.m. d) PRELIMINARY PLAT OF ENERGY PARK NORTH AND A REZONING FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO 1 -1 (LIGHT INDUSTRIAL PARK), SUBMITTED BY THE HUTCHINSON EDA AND HACKBARTH'S Chairman Otteson opened the hearing at 6:07 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers stated the Hutchinson EDA and the Hackbarths are requesting a rezoning and 8 lot preliminary plat for development of an industrial park. The annexation was approved by the City Council on March 10` and is scheduled to be approved for annexation by Municipal Boundary Adjustments on March 19` She commented on the preliminary plat which consists of eight lots on a new public road with utilities extended from Industrial Blvd. The plat is very similar to the sketch plan, with minor revisions. The new road, Energy Park Drive, is planned to be connected to 5' Ave. S.E., between Warrior Manufacturing and the lot owned by McLeod County. As the ULP-)H Minutes Planning Commission — March 17, 2009 Page 5 southerly portion of the Energy Park Drive is outside the plat, the right of way would also need to be platted separately after annexation of the County property is completed. Ms. Bowers explained a rezoning from R -1 to 1 -1 is required to plat and develop the property for an industrial park. In considering a rezoning request, the Planning Commission should review the proposed rezoning for consistency with the Comprehensive Plan and the purpose of the Zoning Ordinance. Staff recommends approval of the rezoning to 1 -1 and preliminary plat with the following findings and conditions. 1. Approval of the rezoning and preliminary plat is contingent upon approval of the annexation by the State of MN Office of Municipal Boundary Adjustments. 2. The rezoning to 1 -1 (Light Industrial Park) would be consistent with the Comprehensive Plan and the intent of the 1 -1 zoning district in the Zoning Ordinance. 3. A turnaround for emergency access shall be constructed at the end of Energy Park Drive. The turnaround shall be maintained until the road is connected to 5' Avenue SE. 4. Outlot A shall be replatted into adjacent property and shall not remain as a separate parcel. 5. The final plat shall identify the street name as Energy Park Drive W. The extension of the road to the east will be named Energy Park Drive E. 6. The street right of way for the extension of Energy Park Drive W. to 5 Avenue shall be platted after annexation of the County property west of Warrior Manufacturing. 7. No access will be allowed from the residential properties to the northwest to the subject property. 8. No road crossing shall be constructed over the Luce Line trail on the north side of the property. 9. Soil borings shall be completed as the project moves forward to determine roadway section. 10. Final utility, grading, and stormwater management plans are subject to approval of the City Engineer. 11. Significant buffering is required on the Northwest corner of the development abutting residential properties. 12. Revisions to the plat noted by McLeod County are required, including: a) the final plat shall be on one page or match line drawn if plat is on two pages. b) The East Half of the Northwest Quarter is now known as Lot 7, AP W' /2 Sec 5- 116 -29 shall be noted as such in the underlying description. c) the owners names and signatures on the plat shall be as required by McLeod County. Chairman Otteson asked if the street names are acceptable with emergency staff. Discussion followed on the on the reason for adding West and East on Energy Park Drive. Discussion followed on the gas line and buffering on the North. John Rodeberg, SEH, stated there could be a tree or fence screen, however a berm may not be placed over the gas line. Ms. Bowers stated the screening will be discussed again at the site plan review. Mr. Rodeberg commented on the limitations to access the property. Discussion followed on the permitting for ponding in the area. Ms. Rock commented on her concerns with the large lots. Mr. Seppelt, EDA, stated they will try to get the most building on each lot or split the lots in the future. Mr. Rodeberg state the lots will not be pad ready. There will only be minimal grading on the sites. Ms. Bowers explained staff agrees with the lot splits, if needed, as an option. (P(-Q,-)(A Minutes Planning Commission — March 17, 2009 Page 6 Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Lofdal, the hearing closed at 6:20 p.m. Ms. Rock made a motion to recommend approval of the preliminary plat and rezoning with staff recommendations 1 -12. Seconded by Mr. Currimbhoy, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held March 24, 2009, in the Council Chambers at 5:30 p.m. e) REZONING OF 900 HWY 7 W FROM C -4 (FRINGE COMMERCIAL) TO 1 -1 (LIGHT INDUSTRIAL) FOR INDUSTRIAL USE REQUESTED BY TOM DAGGETT, PROPERTY OWNER Chairman Otteson opened the hearing at 6:21 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers explained Daggett Ventures is requesting a rezoning of a 3.8 acre lot located at 900 Hwy 7 West from C4 (Fringe Commercial) to 1 -1 (Light Industrial Park). The property is a vacant lot between Hutchinson Manufacturing and the Victorian Inn. The rezoning is requested for an expansion of Hutchinson Manufacturing because the current C4 zoning does not allow industrial uses. The adjacent Hutchinson Manufacturing site was recently rezoned from I/C to 1 -1 and was also replatted to combine the lots. Ms. Bowers reported during the Highway 7 Corridor Study, there was much discussion over the City's vision for the industrial property between Highway 7 and the river, west of the Highway 7 & 15 intersection. The study recommended the City consider the long term land use and zoning policy for this sensitive area along the river and highway. She commented on the following quote from the study: "Determine whether the existing industrial uses will remain in the foreseeable future. If this is the case, the areas should remain industrial over the long term. Otherwise, the future of the area is more likely to become more commercial and the future land use plan should be revised accordingly if future changes are anticipated." During the study, feedback from the City Council was that this industrial area is important for the economy of the City and expansions of existing business would be supported. Ms. Bowers explained as the industrial businesses in this area are generally strong and the existing Comprehensive Plan identifies this property as "industrial ", the rezoning to 1 -1 would be consistent with the city's long term plans. A conditional use permit, variance and site plan review for the site will be the next step in the process. Discussion followed on the need to screen along the westerly property line and the southerly line of the parcel. Staff recommendations approval of the rezoning with the following conditions: The rezoning would be consistent with the Comprehensive Plan and the intent of the 1 -1 zoning district in the Zoning Ordinance. The property is proposed to be developed as an industrial use. Rezoning would allow the proposed use to be developed as an industrial use. A site plan review by the Planning Commission and City Council is required. A conditional use permit is also required for outdoor storage. Landscaping and screening will be required between the hotel and the subject property and along the southerly line of parcel when the lot is developed. Tom Daggett, Daggett Ventures, stated Hutchinson Manufacturing is involved in this project. Ms. Bowers explained that an expansion of an existing business would be exempt from the new design standards and river overlay district requirements. Mr. Daggett explained occupancy of the building will be Hutchinson Manufacturing along with a partner. The Commissioners stated G60)1 Minutes Planning Commission — March 17, 2009 Page 7 they appreciate Mr. Daggett's efforts and cooperation with the delay in the landscaping of the southerly portion of his property. Discussion followed on the added design standards and appearance of the building. Mr. Daggett stated he is looking at a May 1 6t start. Mr. Currimbhoy made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 6:33 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations 1 -4. Seconded by Mr. Flaata, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held March 24, 2009 in the Council Chambers at 5:30 p.m. f) AMENDMENT TO SECTION 154.071 OF THE CITY CODE ADDING PERMITTED USES TO THE GATEWAY DISTRICT. Chairman Otteson opened the hearing at 6:34 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers stated the proposed amendment would add permitted uses to the Gateway District, as the ordinance specifies that "there are no permitted uses within the GT district'. Currently there are only conditional uses. The Highway 7 Study recommended this change as an implementation step to fix some of the problems inherent in the Zoning Ordinance. This revision is included in the 2009 Planning Commission Work Plan objectives. Ms. Bowers explained the main change to the ordinance is to add permitted uses. Several of the existing conditional uses were moved to permitted, including retail uses, hotels /motels, and restaurants. Several uses were combined into broader categories, such as "entertainment facilities" or "personal and business services ". Revisions were also made to remove outdated and unusual uses (such as dairy product stores). Automobile sales, currently a conditional use, is recommended to be deleted, as it does not appear to be consistent with the purpose of the Gateway District. Automobile sales is also permitted in several other zoning districts. The ordinance revisions were targeted to the permitted and conditional uses only. The remaining standards in the district were not revised. The Commission discussed the amendment and it's relation to the Highway 7 study and future development of the Highway 7 and 22 intersection and surrounding area. There was discussion on a couple of revisions from staffs proposal. The revisions were related to boat and vehicle sales, outdoor sales areas, and entertainment facilities. The Commission provided feedback that there should be no outdoor sales or display in the Gateway district and that all sales should be in showroom building, not an outdoor lot. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:48 p.m. Mr. Currimbhoy made a motion to amend the ordinance based on the discussed changes regarding boat and vehicle sales, outdoor sales area, and entertainment facilities. Seconded by Mr. Flaata, the motion carried unanimously. This item will be placed on the City Council agenda at their meeting held March 24, 2009, in the Council Chambers at 5:30 p.m. 6. NEW BUSINESS a) ANNEXATION BY ORDINANCE OF 5.97 ACRES REQUESTED BY MCLEOD COUNTY LOCATED WEST OF WARRIOR MANUFACTURING, EAST OF MCLEOD COUNTY PROPERTY AND SOUTH OF THE HACKBARTH PROPERTY. Ms. Bowers explained that a petition for annexation has been received from McLeod County for a 5.97 -acre parcel located east of the McLeod County Solid Waste site. She stated McLeod cPta,jq Minutes Planning Commission — March 17, 2009 Page 8 County has plans to use the site for expansion of the solid waste facility in the future. The annexation is also important for the development of the industrial park as the new north /south road, Energy Park Drive W., is planned to be constructed along the east property line of the site from 5' Avenue S.E. After annexation, the property will need to be rezoned for development by McLeod County. Planning Commission feedback is important on annexations. Discussion followed on the electric service to the property. Mr. Currimbhoy made a motion to move forward with the annexation. Seconded by Mr. Czmowski, the motion carried unanimously. 7. OLD BUSINESS a) 2009 PLANNING COMMISSION WORK PLAN Ms. Bowers commented on the work plan. She reported the tower ordinance may not be ready for review in April and explained SEH is preparing a study on the existing antennas, locations and leases along with recommended updates to the ordinance. The minimum building design standards for zoning districts were added to completed as time allows. Ms. Bowers stated the park land fees should be reviewed before large developments occur, however the revisions may not be ready by May or June, as indicated on the work plan. Discussion followed on updating the Comprehensive Plan regarding time, costs and how often it must be done. 8. COMMUNICATION FROM STAFF a) The City is collecting applications to fill Mr. Flaata's position on the Planning Commission. b) On Thursday, March 26` a town hall meeting on the 2010 Census meeting will be held in City Council Chambers. 9. ADJOURNMENT There being no further business the meeting adjourned at 7:10 p.m. (0 [ )q RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY Resolution No. 13561 WHEREAS, the Hutchinson Police Services has accumulated various unclaimed items. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91, Paragraph C for the appropriation and sale at auction of unclaimed property. AND WHEREAS, the unclaimed property, at the time of auction, will have been in the possession of the police services for more than thirty (30) days; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the Hutchinson City Council hereby approves the sale at auction of unclaimed items identified on "Attachment A." Items to be sold at county auction on May 30, 2009 Adopted by the City Council this 28th day of April, 2009 Mayor City Administrator Attachment A Page 1 Case Number Item Description 08 -1195 Red BMX Next Bicycle 08 -1277 Blue Mongoose DXR Bicycle 08 -1458 Purple Roadmaster Mountain Sport Bicycle 08 -1642 Green/Black Huffy Mojave Men's Bicycle 08 -1649 Purple Roadmaster Mountain Bicycle 08 -1704 Silver Mongoose XR100 Bicycle 08 -1712 Red/Black Roadmaster Mountain Sport Bicycle 08 -1746 Red/Silver Verticle 360 Bicycle 08 -1746 Red/Blue Magna Glacier 26" Bicycle 08 -1796 Red/Black Roadmaster Mountain Fury Bicycle 08 -1906 Silver Schwinn Thrasher 24" Women's Bicycle 08 -2004 Green Next Bicycle 08 -2018 Blue Vertical Mountain Bicycle 08 -2091 Black Roadmaster Mountain Fury Bicycle 08 -2010 Silver/Black Roadmaster Bicycle 08 -2132 Teal Murray Actra Bicycle 08 -2138 Black Huffy 620 Women's Bicycle 08 -2143 Gray Roadmaster Men's Bicycle Frame 08 -2216 Red/Silver Next Power X Men's Bicycle 08 -2231 Black Spalding Blade Men's 26" Bicycle 08 -2252 Purple Roadmaster Women's Mountain Bicycle 08 -2319 Purple Huffy Women's 26" Bicycle 08 -2337 Orange Next Boy's Bicycle 09 -0136 Blue Roadmaster Mountain Storm Bicycle 09 -0178 Men's Trek Multi -Track Bicycle 09 -0381 Green/Black Magnum Breakpoint Bicycle 09 -0396 Men's Triax PK7 Bicycle 09 -0418 Black RL 20" Bicycle 09 -0428 Gray Next Urban 20" Bicycle 09 -0440 Blue Columbia Trans Am Bicycle Itech Hockey Chest Protection Black Vehicle Spoiler Pierce Tennis Racket Pro Kennex Tennis Racket Pie Wrench J Jr Guitar 2 Pillows and Throw Pioneer CD Stereo Wooden Door Graco Stroller Coleman Cooler Six Gazing Balls (P�� RESOLUTION TO SELL AT AUCTION SURPLUS POLICE DEPARTMENT PROPERTY Resolution No. 13562 WHEREAS, the Hutchinson Police Department has accumulated surplus property. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91, Subdivision 3, Paragraph C for the sale at auction of surplus property. AND WHEREAS, the police department has determined that it is in possession of surplus property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. That the Hutchinson City Council hereby approves the sale at auction of surplus items identified on Attachment A. Items to be sold at county auction on May 30, 2009. Adopted by the City Council this 28 day of April, 2009. Mayor City Administrator ('(A))3-- Attachment A Page 1 Aqua Stripper pressure washer 1500 PSI Pelco black and white monitor for camera system my� RESOLUTION NO. 13563 RESOLUTION TO SELL SURPLUS CITY PROPERTY WHEREAS, the City of Hutchinson has accumulated surplus property; and, WHEREAS, the Hutchinson City Code provides, pursuant to Section 91.42, for public sale of surplus property; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON THAT: The Hutchinson City Council hereby approves the sale at auction of surplus items identified on Exhibit A. Approved by the City Council this 28 day of April, 2009. ATTEST: Steven W. Cook, Mayor Gary D. Plotz, City Administrator C' \ EXHIBIT A 1997 Ford Crown Victoria 4 door car (VIN 2FALP71W3VX141311) 2005 Ford Crown Victoria 4 door car (VIN 2FAHP71 W25X152855) (l)3 ORDINANCE NO. 09-0524 AN ORDINANCE REVISING SECTION 31.20 — ORGANIZATION AND APPOINTMENT THE CITY OF HUTCHINSON ORDAINS: § 31.20 ORGANIZATION AND APPOINTMENT. (A) All board and commission appointments authorized by ordinance or resolution shall be made by the Mayor, and each appointment confirmed by the Council. The term of each appointee shall be established and stated at the time of his or her appointment. Except for the Economic Development Authority, no board or commission member shall be appointed to more than two consecutive full terms, exclusive of the fulfillment of an unexpired term or partial term previously served, but shall again be eligible for service following a break in service of not less than one year. New appointees shall assume office on the first day of the first month following their appointment and qualification, or on the first day of the first month following the expiration of the prior term and qualification, whichever shall occur last. Provided, however, that all appointees to boards and commissions shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be only for the unexpired term. (B) All appointed board and commission members shall serve without remuneration, but may be reimbursed for out -of- pocket expenses incurred in the performance of their duties when those expenses have been authorized by the Council before they were incurred. (C) The chair and the secretary shall be chosen from and by the board or commission membership annually to serve for one year. Provided, however, that no chair shall be elected who has not completed at least one year as a member of the board or commission. (D) Any board or commission member may be removed by a four -fifths majority vote of the Council for misfeasance, malfeasance or non- feasance in office and his or her position filled as any other vacancy. by it. (E) Each board and commission shall hold its regular meeting at a time established (F) Except as otherwise provided, this section shall apply to all boards and commissions. Adopted by the City Council this 28 day of April, 2009 Mayor Steven W. Cook ATTEST: Gary D. Plotz, City Administrator PUBLICATION NO. ORDINANCE NO. 09 -0529 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND THAT IS SURROUNDED BY THE MUNICIPALITY AND IS LESS THAN 120 ACRES PURSUANT TO MINNESOTA STATUES 414.033, SUBDIVISION 2 (2),(3) AND SUBDIVISION 2b WHEREAS, McLeod County, property owner, is requesting that certain land be annexed to the City of Hutchinson, as legally described below, and: Beginning at a point 105 feet West of a point 1,446.5 feet South of the Northeast comer of the Northwest Quarter of Section Five (5), in Township One Hundred Sixteen (116), North of Range Twenty -nine (29) West; thence running South 724.2 feet to the center of the Glencoe and Hutchinson Public Road; thence North 66 degrees West along the center line of said Public Road, 424 feet; thence West along the center line of said Public Road, 113 feet; thence North 548.2 feet; thence East 495 feet to the point of beginning, now known as Lot 8 of Auditor's Plat of the West Half of Section 5, Township 116, North of Range 29 West. WHEREAS, said property is unincorporated and is surrounded by the City of Hutchinson, i; approximately 5.97 acres in size, and is not presently served by public water or sewer facilities; and WHEREAS, McLeod County is the sole owner of the property, the property is not included within any other municipality, and is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statues 414.0325, and WHEREAS, the City of Hutchinson held a public hearing on April 14, 2009, and NOW, THEREFORE, the City Council of Hutchinson, Minnesota does hereby ordain: SECTION 1. The City Council hereby determines and finds that the property is surrounded by the municipality and is less than 120 acres, that the area to be annexed is approximately 5.97 acres, that the property is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statues 414.0325, and that the request complies with all of the provisions of Minnesota Statutes 414.033 Subd. 2 (2), (3) and 2b and SECTION 2. The property is surrounded by the city limits and is about to become urban or suburban in nature and that the property is about to be developed by the County of McLeod for the purpose of industrial development with municipal services, and SECTION 3. The corporate limits of the City of Hutchinson are hereby extended to include the Property and the same is hereby annexed to and included within the City of Hutchinson as if the property had originally been part thereof. SECTION 4. The population of the area legally described within and hereby annexed is zero. (,(-)�5 Ordinance No. 09 -0529 McLeod CountyAnnexation April 28, 2009 Page 2 SECTION 5. The City of Hutchinson, pursuant to Minn. Star. 414.036, that with respect to the property taxes payable on the area legally described herein, hereby annexed, there are no taxes payable to Hassan Valley Township as the County -owned property is non - taxable property. SECTION 6. That pursuant to Minn. Stat. 414.036 with respect to any special assessments assigned by the township to the annexed property and any portion of debt incurred by the township prior to the annexation and attributable to the property to be annexed, but for which no special assessments are outstanding, for the property legally described herein, there are no special assessments or debt incurred by the township on the subject area for which reimbursement is required. SECTION 7. The City Administrator is directed to file copies of this ordinance with the Office of Administrative Hearings - Municipal Boundary Adjustments, Hutchinson Township, the McLeod County Auditor, and the Minnesota Secretary of State. SECTION 8. This ordinance takes effect upon its passage and publication and the filing of the copies as directed in Section 7 and approval of the Ordinance by the Office of Administrative Hearings - Municipal Boundary Adjustments. First Reading: April 14, 2009 Final Reading and Passed: April 28, 2009 Adopted by the City Council this 28` day of April, 2009. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor MEMORANDUM DATE: April 22, 2009 for the April 28, 2009 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: CONDITIONAL USE PERMIT, SITE PLAN, AND VARIANCE FOR CONSTRUCTION OF A 51,000 SO. FT. MANUFACTURING FACILITY OVER 40 FEET IN HEIGHT WITH OUTDOOR STORAGE OF FINISHED PRODUCT AT 900 HWY 7 WEST, REQUESTD BY DAGGETT VENTURES Background: The applicant proposes to build a 51,000 sq. ft. building with outdoor storage on a vacant lot west of Hutchinson Manufacturing. The new building would be developed and operated through a partnership between Hutchinson Manufacturing and a new company, Atomic Crane Corporation. The cranes and related equipment would be assembled in the new building and then moved into the Hutchinson Manufacturing facility for finishing and painting, and returned to the outdoor storage yard as finished product. A conditional use permit is required for outdoor storage of the finished product, which is overhead traveling cranes. A variance is requested to allow the proposed 56 foot building height, where for the maximum height allowed in the 1 -1 district is 40 feet, to allow assembly of large overhead cranes. Additional information is contained in the attached staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their April 21 meeting. Staff noted that there have been several plan revisions to address issues raised during staff review, including providing additional capacity for stormwater by expanding the stormwater pond to the east. The remaining items requiring revision and staff review are addressed in the conditions. The Commissioners discussed screening of the outdoor storage area and the future landscaping on the southern property line. Staff noted past discussion that landscaping plans along the south property line should be incorporated into the overall Les Kouba landscaping plans. Mr. Daggett updated the Commissioners on the proposed fence. He stated the intention is to install a perimeter fence along with the landscaping to provide security, which would not impede the drive aisle and turnaround. Regarding the variance for height, staff clarified that the proposed height would be 56 feet for highest roof. After additional discussion, the Commission unanimously recommended approval of the CUP, site plan, and variance, noting the hardship of the unique circumstance due to the definition of the height of the building, which uses the highest point of the roof for flat roofs and specific building needs of the crane assembly and trial fit requirements. Recommendation: The Planning Commission unanimously recommended approval of the conditional use permit, variance and site plan with the findings and conditions in the attached resolution. Vol RESOLUTION NO. 13565 RESOLUTION APPROVING A SITE PLAN, CONDITIONAL USE PERMIT, AND VARIANCE FOR THE CONSTRUCTION OF A MANUFACTURING FACILITY WITH OUTDOOR STORAGE OF FINISHED PRODUCT AT 900 HWY 7 WEST Whereas, Thomas Daggett, Daggett Ventures, property owner, has requested approval of a site plan, conditional use permit, and variance for the construction of a 51,000 sq. ft. manufacturing facility with a height exceeding the 40 foot height and outdoor storage of finished product at 900 Hwy 7 West with the following legal description: The east 396.00 feet of the following described parcel of land: That part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 117 North, Range 30 West, described as follows: Commencing at the south quarter corner of said Section 36; thence north along the west line of said Southeast Quarter a distance of 487.08 feet to the northerly right of way line of the Minnesota Western Railway Company, and the point of beginning of the land to be described; thence easterly, deflecting to the right 77 degrees 49 minutes, along said northerly right of way line, a distance of 1056.54 feet; thence northerly, parallel with said west line of the Southeast Quarter, a distance of 471.20 feet to the southerly right of way line of Minnesota Trunk Highway No. 7 and No. 22; thence southwesterly, along said southerly right of way line, to said west line of the Southeast Quarter; thence south, along said west line, a distance of 424.0 feet to the point of beginning. Except all that part thereof lying northerly of a line parallel with and 40.00 feet southerly of the southerly right of way line of said Minnesota Trunk Highway No. 22. Whereas, the Planning Commission met on April 21, 2009, and held a public hearing on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: 1. The proposal would meet the standards in the Zoning Ordinance, with the exception of the building height, for which a variance is granted. 2. A variance to exceed the 40' maximum building height allowed in the I -1 district is approved to allow a 56' building height. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the definition of the height of the building, which uses the highest point of the roof for flat roofs, and specific building needs of the crane assembly and trial fit requirements. The building is unique in that a portion of the building would be only 34' high, however the crane assembly area would be 56' high. The request would not alter the character of the locality. 3. The standards for granting a conditional use permit will be met, subject to meeting the screening requirements in the Zoning Ordinance. 4. Final utility, grading, and stormwater management plans must be approval by the City Engineer prior to grading or any construction on site. 5. The applicant should confirm that the 34' drive aisle will be adequate for truck maneuvers into the building. 6. A 20 foot access drive must be maintained around the building for emergency vehicles. The south drive shall be revised to provide a turnaround or drive connection for emergency services. C0 CC- Resolution # 13565 Site Plan, Conditional Use Permit, and Variance 900 Hwy 7 West - Daggett Ventures Page 2 7. The outdoor storage area shall be screened in compliance with Section 154.115 of the Zoning Ordinance. The fmal landscaping plan shall identify species and sizes of plantings and shall be approved by the City Forester and Planning Director. No berming is permitted in the drainage and utility easement areas. 8. The fence may not block emergency access to the building. Approval of a fence permit is required prior to installation. 9. Signage shall comply with the requirements of the Zoning Ordinance. Approval of a sign permit for all signage is required. Adopted by the City Council this 28th day of April, 2009. ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor ( cc� I DIRECTORS REPORT — PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Melissa Reichl, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Eimer, John Paulson, Mark Schnobricb, Marc Sebora, Gary Ptotz, Ken Merrill, Jim Popp, Brandon Brehmer, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: April 15, 2009, for April 21, 2009, Planning Commission Meeting Application: CONDITIONAL USE PERMIT, VARIANCE AND SITE PLAN REVIEW FOR THE CONSTRUCTION OF A 51,000 SQ. FT. BUILDING FOR MANUFACTURING WITH OUTDOOR STORAGE Applicant: Tom Daggett, Daggett Ventures SITE PLAN, CONDITIONAL USE PERMIT, AND VARIANCE The applicant proposes to build a 51,000 sq. ft. building with outdoor storage on a vacant lot west of Hutchinson Manufacturing. The new building would he developed and operated through a partnership between Hutchinson Manufacturing and a new company, Atomic Crane Corporation. The cranes and related equipment would be assembled in the new building and then moved into the Hutchinson Manufacturing facility for finishing and painting, and returned to the outdoor storage yard as finished product. A conditional use permit is required for outdoor storage of the finished product, which is overhead traveling cranes. A variance is requested to allow the proposed 56 foot building height, where for the maximum height allowed in the I -1 district is 40 feet, to allow assembly of large overhead cranes. � ( c Site Plan, Conditional Use Permit, and Variance 900 Hwy 7 West — Daggett Ventures Planning Commission — 4/21109 Page 2 GENERAL INFORMATION Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Analysis and Recommendation: Site Plan: I -1 900 Hwy 7 West 3.7 acres Vacant C-4 (Fringe Commercial) to the north and west, I -1 (Light Industrial) to the east, Park to the south Industrial The property was rezoned from C-4 (Fringe Commercial) to I- 1(Light Industrial Park) on April 14, 2009. Sections 154.067, 154.115, 154.167 and 154.169 The proposed site plan includes construction of a 51,000 - square foot building and site improvements including parking lot, stormwater ponds, and landscaping. The proposed building is a steel building with a height that varies from 34' high along the east side of the building to 53' high on the west side. A variance is required to exceed 40' height for the crane assembly portion of the building, which would be 53' high. The variance is covered in the variance section of this report. The proposal would comply with the building setback requirements for the I -1 district. There have been several site plan revisions completed since the planning staff meeting in response to staff's review. The plans were revised to address parking lot circulation, drive aisles, provide an additional fire hydrant, and revisions to improve the exterior appearance of the north side of the building facing Hwy 7. Although the project is not required to meet the standards of the River Overlay District as an expansion of an existing business, the applicant has revised the north building elevation to add windows and break up the scale of the building. Access and Parking: The main access to the site would be from the service road from Hwy 7 & 22. This site would be connected to the existing Hutchinson Manufacturing facility through the outdoor storage area to facilitate product movement between the buildings. The site also includes a proposed drive along the south side of the building to connect to the Hutchinson Manufacturing property to the east. To allow the drive connection to the east, an existing small pond will need to be moved north and enlarged to provide additional capacity. The drainage calculations for this area are under review and will be need to be approved by the City Engineer. (� CCU l Site Plan, Conditional Use Permit, and Variance 900 Hwy 7 West — Daggett Ventures Planning Commission — 4/21/09 Page 3 The proposed parking lot would meet the parking requirements for the I -1 district. The parking lot includes 61 parking spaces. The proposed manufacturing use would require 1 space per employee on the principal shift. With approximately 50 employees anticipated, the proposed parking would meet requirements. A 20 -foot emergency access lane must be maintained around the perimeter of the building. The south side of the building requires a turnaround or drive through connection for emergency access around the building. The site plan currently shows a fence on the north and south side of the outdoor storage pad, however the applicant is considering relocating the fence around the perimeter of the site to provide security and screening. A condition has been added to the resolution regarding the fence and emergency access. The west side of the building identifies an overhead loading door through which trucks will enter the building to unload materials. The applicant should confirm that the 34' drive aisle will be adequate for truck maneuvers into the side overhead door. The drive aisle may need to be widened in the area adjacent to the overhead door, depending upon the length of the trucks. Stormwater Management: The site plan proposes a stormwater pond in the southwest comer of the site. Revisions to the grading and ponding plans are underway in order to provide additional storage capacity and connect overflow drainage to the east pond. As noted above, the small pond to the east of the proposed south drive will need to be moved north and enlarged. The drainage calculations currently show the stormwater pond will overflow onto the south drive aisle and into the southwest loading dock during 2 and 10 year flood events. The City Engineer has discussed this with the applicant and the Project Engineer. Revised calculations are underway to expand the capacity of the pond to the east to reduce the potential for pond overflow. The final grading, drainage, and stormwater plans are subject to the City Engineer's review prior to construction. Landscaping and Screening: A landscaping plan identifies planting of trees along the north and west property lines. A berm is also shown along the west property line, however berming is not allowed over the 15' utility easement area. The City Forester suggested planting shrubbery between the trees for better screening from the Victorian Inn. Species and sizes of the tree plantings are required and will be reviewed by the City Forester. Conditional Use Permit: A conditional use permit is required for the outdoor storage area, which would be a concrete area for finished cranes. The proposed site plan shows screening with trees along the north and west, along with a fence on the north and south sides of the storage area. As noted above, the fence may be revised to be to be located around the perimeter of the site to provide security and screening. A CUP shall be granted only if the use meets the following standards (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. / ( C—� Site Plan, Conditional Use Permit, and Variance 900 Hwy 7 West— Daggett Ventures Planning Commission — 4/21/09 Page 4 In reviewing the CUP, the Commission should consider the possible impacts to surrounding properties and appearance of the area. The Victorian Inn, located to the west of the property, would have screening by the proposed building and trees along the shared property line. The Luce Line Trail and parkland is located to the south. The Planning Commission has previously discussed that screening along the south property line may be best accomplished in coordination with overall landscaping plans for Les Kouba Parkway. Variance: The proposed building height is 56 feet due to the needs of the crane assembly, the bridge crane and hoist height. The maximum building height allowed in the I -I district is 40 feet. The applicant states the hardship being the "trial fit of components require a hook height of 40 feet. The bridge crane and hoist take up the other 16 feet along with the rafters ". In order to grant a variance, the request must meet the standards for granting a variance, including a finding of undue hardship. Undue hardship is a legal standard set forth in MN Statute that means that the property cannot be put to a reasonable use without the variance. This factor means the landowner would like to use the property in a particular reasonable manner but cannot do so under the rules of the ordinance. It does not mean the land cannot be put to any reasonable use whatsoever without the variance. The second undue hardship factor is the plight of the landowners is due to circumstances unique to the property not created by the landowner. The uniqueness generally applies to physical characteristics of the property and not to personal considerations of the landowner. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Thirdly, the variance, if granted, will not alter the essential character of the locality. The applicant states the hardship being the need for trial fit of components that require hook height of 40 feet and the bridge crane and hoist take up the other 16 feet along with the rafters. The building is unique in that a portion of the building would be only 34' high, however the crane assembly area would be 53' high. The circumstances are unique due to the definition of the height of the building, which uses the highest point of the roof for flat roofs, and specific building needs of the crane assembly and trial fit requirements. Staff recommends approval with the following recommended conditions: 1. The proposal would meet the standards in the Zoning Ordinance, with the exception of the building height, for which a variance is granted. 2. A variance to exceed the 40' maximum building height allowed in the I -1 district is approved to allow a 53' building height. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the definition of the height of the building, which uses the highest point of the roof for flat roofs, and specific building needs of the crane assembly and trial fit requirements. The building is unique in that a portion of the building would be only 34' high, however the crane assembly area would be 53' high. The request would not alter the character of the locality. 3. The standards for granting a conditional use permit will be met, subject to meeting the screening requirements in the Zoning Ordinance. 4. Final utility, grading, and stormwater management plans must be approval by the City Engineer prior to grading or any construction on site. 5. The applicant should confirm that the 34' drive aisle will be adequate for truck maneuvers into the building. ( cc ) I Site Plan, Conditional Use Permit, and Variance 900 Hwy 7 West - Daggett Ventures Planning Commission - 4/21/09 Page 5 6. A 20 foot access drive must be maintained around the building for emergency vehicles. The south drive shall be revised to provide a turnaround or drive connection for emergency services. 7. The outdoor storage area shall be screened in compliance with Section 154.115 of the Zoning Ordinance. The final landscaping plan shall identify species and sizes of plantings and shall be approved by the City Forester and Planning Director. No berming is permitted in the drainage and utility easement areas. S. The fence may not block emergency access to the building. Approval of a fence permit is required prior to installation. 9. Signage shall comply with the requirements of the Zoning Ordinance. Approval of a sign permit for all signage is required. 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Ng / a "IS |� (' � � |} K■; � w U � § / � � � � � � @ q / \ ¥� �z � � d §j) � %,§ b \ |� ■ A! ¥ A |j § ! 2 (P(C)� y� g .R z ta JoT p ' C, 9 $ YuY4 Argi Al L 'k Y ON . VI Y 9� � e 3�� °�� 9; j9 �• aa1£ o GIh yap IN I li H � v �� It b v 1 ` lii ` 1 111 111 . 4 a s b. — N �d � 1 i1 c 1 _ i I rr�r ' •� � V y 3 ` 1r ?a 11 u cmw by N aocupmom b1a1 Vdd*m MEMORANDUM DATE: April 22, 2009 for the April 28, 2009 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS LOCATED AT WALMART, 1300 HWY 15 SOUTH, REQUESTED BY TNT FIREWORKS Background: The applicant is requesting a conditional use permit to allow fireworks to be sold in a tent located in the Walmart parking lot. Approvals have been granted annually since 2005 for the same request. The request is to set up the tent June 18, 2009 with take down July 5 - 9, 2009. Section 130.08 C (6) of the Hutchinson Municipal Code requires a conditional use permit for outside sale of fireworks. The prior permits were granted for 15 days expiring at midnight on July 4 Additional information is contained in the attached staff report and attachments. Planning Commission Meetin The Planning Commission held a public hearing and considered the request at their April 21 meeting. There was no one from the public who spoke on the request, however the applicant was present for questions. Staff explained that conditional use permits run with the property and there is no need to come before the Planning Commission each year for a conditional use permit unless the use or location changes or is intensified. They will still need a fireworks permit from the fire department and transient merchant license from the City Council each year. The resolution has been prepared to remove the specific time period of operation, which will be specified in the annual fireworks and transient merchant permits. After concluding discussion, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the conditional use permit with the findings and conditions in the attached resolution. RESOLUTION NO. 13566 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW SALE OF FIREWORKS IN A TENT IN THE WALMART PARKING LOT AT 1300 HWY 15 SOUTH FOR TNT FIREWORKS Whereas, TNT Fireworks, applicant, has requested approval of a conditional use permit to allow fireworks to be sold in a tent, located in the Wa1Mart parking lot with the following legal description: Legal Description: Lots 1, 2, and 3, Block 1, Wa1Mart Subdivision 2 " Addition Whereas, the Planning Commission met on April 21, 2009, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: 1. A conditional use permit is approved to allow sales of fireworks in a tent at 1300 Hwy 15 S., according to the application details and site plan received by the City on March 18, 2009. Fireworks sales may be allowed for the dates and conditions specified on the fireworks sales permit and transient merchant license issued annually. 2. Annual application and approval of a fireworks permit and transient merchant license are required for future renewals. Any changes to the operations or conditions would require approval of a new or amended conditional use permit. 3. All display and sales areas must be kept secured. 4. Signage requires a separate sign permit prior to installation of signage. 5. All access to the site must be from the internal parking lot. Adopted by the City Council this 28` day of April, 2009. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor VOC DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Melissa Reichl, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Brandon Brehmer, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: April 14, 2009, for April 21, 2009, Planning Commission Meeting Application: CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS LOCATED AT WALMART, 1300 HWY 15 SOUTH Applicant: TNT Fireworks Wal -Mart, property owner CONDITIONAL USE PERMIT The applicant is requesting a conditional use permit to allow fireworks to be sold in a tent located in the Walmart parking lot. Approvals have been granted annually since 2005 for the same request. The request is to set up the tent June 18, 2009 with take down July 5 - 9, 2009. Section 130.08 C (6) of the Hutchinson Municipal Code requires a conditional use permit for outside sale of fireworks. The prior permits were granted for 15 days expiring at midnight on July 4 GENERAL INFORMATION Existing Zoning: C-4 (Fringe Commercial) Property Location: 1300 Hwy 15 South Lot Size: 16.8 acres Existing Land Use: Commercial Adjacent Land Use And Zoning: Commercial Comprehensive Land Use Plan: Urban Commercial Design Zoning History: In 2004, the City Code was amended to require conditional use permits for fireworks sales in tents. Previously, tent sales were not allowed, however, State Statute changed to require Cities to allow tent sales of fireworks. TNT Fireworks has been granted a conditional use permit for the same request for several years. Applicable Regulations: Section 130.08 C (6), City Code (P �� Conditional use permit 1300 Hwy 15 S — Fireworks tent Planning Commission — 4/21/09 Page 2 Analysis and Recommendation: At the April 6' staff meeting, staff discussed the City's past practice of issuing a new conditional use permit (CUP) each year for the outside sale of fireworks. In addition to the CUP, the City requires approval of a fireworks permit from the Fire Dept. and a transient merchant license through the City Council. Staff recommended changing the conditions of the CUP to allow annual renewals with approval of a fireworks permit and transient merchant license, instead of processing a new CUP each year with a specific timeframe. The conditions below reflect the recommendation of staff to remove the reference to specific dates in the CUP. A new conditional use permit will be required if the fireworks permit request is for a new location or if there are changes requested in a previously issued permit. State Statutes allow a conditional use permit issued for a specific property to remain in effect as long as the use does not cease operation for one year on the same property, provided that conditions remain the same. A CUP shall be granted if the use meets the following standards (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Staff recommends approval of this application with conditions for safety. Staff is not aware of any traffic flow issues while the sales have been in operation and there are no entrances onto Highway 15 in this area. Access would be from the internal parking lot only. The display must be kept secured at all times. Any signage requires a separate sign permit application and approval. Staff recommends approval of the CUP with the following conditions: 1. A conditional use permit is approved to allow sales of fireworks in a tent at 1300 Hwy 15 S., according to the application details and site plan received by the City on March 18, 2009. Fireworks sales may be allowed for the dates and conditions specified on the fireworks sales permit and transient merchant license issued annually. 2. Annual application and approval of a fireworks permit and transient merchant license are required for future renewals. Any changes to the operations or conditions would require approval of a new or amended conditional use permit. 3. All display and sales areas must be kept secured. 4. Signage requires a separate sign permit prior to installation of signage. 5. All access to the site must be from the internal parking lot. ((1 C C) f l TNT FIREWORKS A Tern Ptacem d WmiMh al must accWVnY 980 amdoW Lem A9 t Vii+;. -. WV TENT PLACEMENT WOW=Wl A?AR ADDRESS c ity cmr t ru_ STA FE �'��'' e TENT / STAND SIZE ---V . U t / X (00 STORE NAME I LOCATION f W M I 1 319 ON 11 3$ STAND I TENT BET UP DATES BETWEEN �I 9 6 AND a lu 7' STAND/ TENTTAKE DOWN DATES BENfTEEN -715- AND mom- 14 0)\l 15 ±�t � G&s INDICATE LOCATION AND DIRISl W SPECIAL INMRCWNS _ SIGNATURE / SIGNATURE IMHITF - TNT b YELLOW - ANA MANAGER DATE_ PINK - STORE MANAGER i LAND OWNER �E� APR -22 -2009 WED 12:23 PM GVL INC FAX N0. 3206936983 P. 02 Apr 22 2009 1:3 CITY OF HUTCHIMSOM 3202344240 p.2 APR -14 -2009 TUE 03.19 PH GVL INC FAX N0, 3206936993 R 02 A(i:.:-060epamm of PWIk SIDM ALCONOLAN1T04MIILDVG MPORCtAIRNT DTYMM 4014 Ww k, Suitt IA, A. huL WN 75101 •f I55 (651) 101 -7501 FAX 1671) 797.731 TTY (671) 717.6557 WWW.DPS.STA'ITLMMUS APPLICATION FOR COUNTY7CflY 01114A W 016 UCETISM (Net It e.e••e 14%•raleaha""•14w•) XV11TIY094TIONMUSTMANSIVUM IfacoomiloA •noffiwr this ePpiisma n. If•Permnn7p, Wa111A eerrDer1110en Oweeneiawpgy. Name Prl e UM M'S 1•aee6roM OWN TTr INS (65))1946)1) r Lamer. SffM011 l.v ,nr era Applk=) MVQM hrliwAdp,Lblpvalkn) Tram; !lw wDRA UL `w Bu w cam) Ks'llt Ilow Rog I >01�► -33$1 bA3- ��(( ��11''�� �/1VtLµ11M1SOH cm* 6w1b Zip Cady th� pplMden Ire wasoa. SWc name or former owner Lwma pilo w .re „MerN• P � � T rgrw •row r,6Wr e' TfPm••nd � MI. afYM •f•r.a iY X/wrdp r G.rV 731M PPrM�= I, Pwuer1081om li �rn'eLW,' " Trite INsq+ab ..�►'cvV ve Socw Srow(ry Y DOS s HN 1 I hp►r�mNu WAS^ /� rc62 S0eWlwltr70'e 10 Y t r H N 0 rwrri awPrrrw M N arn..•r.a » rr.n �Mlnr,renl 4 'r t3 u N . r r rW Iris awerM aeawea Wa o,P era r64Pyfaaw.rrerWw Al1AANT rror Mr YMeM 111 wrrweeq.R �.: Yu a No qo le lJlrel.a.r M'MYr nn�y�,,riuuuiern•. era. uYv •/N(• r.n.1 �IM�M wuwar . ■Mh Arlal•Y wi1W. Mw.riNM oil•ewrlN•rH *n.tlw..r Nr Phr maiwi ern Na rrna of M Paoarr •i•ror str� � w IRliW7rYi1I / �i K It�� fIDM.rfAr(� i N MJI• Y PN4re'� �d� ld r„a lraarrrrorlrJ.!wjenwiwvY •wurt.lbr(nwiatel anaeego6rer NO UCRXe1 WILL 14 APPROVgp DR R6IALNNLp 16M”, Mt Of IIITAILY76 SP CARD M R( RRCSIVRD BY AGm J coo � (J) APR -22 -2009 WED 1224 PM GVL INC FAX Nis, 3206936983 P, 03 Rpr 22 2009 1:37PM CITY OF HUTCHINSON 3202344240 AFR-14 -2009 TUE 03:19 PH GVL INC FAX N0. 3208838883 nT>i1I DMgolMrAnoN OYN Ne I• Herowgplkwo Nfeaw m POW 11en- alanaamwflaMbgtaVpltbrwagal ).1TwWdxe ^ WUp" Ilfeaae M h:*gmdmwilh this won Eawhap a Vol 11<0 3. N dN eppUng or my oflW erelliorw M %s q "Nea a member af1Na comply pupil a the City ewnA4 weigh VAU low Vsko DfaaNt Ifyo, In WN14 MW ii0 Of of gpliew Is lha apwM ofa memOw of l}agrwnlne body. w waAn holly rdaeanahip rte the member 094 na Vole tee rM1 appwylan.l Yet . Is 1. ONe1111 M pan hero%Yen. NO s Pomona 1112% IlM d uode m104UM MR IIa1111y MMOO 3hap11 M9. _/ ]MIALRI. Ifyca, ateschr�py ofMaoflenllaa inN UNo 1, Hn MMC pMNM, a @ant or wv ha4. �I�n�or Wy�wp V�gIN�^ , 1 , , i�s,Minnww w slNwba. Ifs g give name, dace, Vlafadaru and al anoaaA .ii tM1/A+ pfy 0 Na S. Dar any IeOM An that the appllaadt%Nara MB rwm w e w late"" is I,hf MVd 6enlrea orrinnlM m to Ow Uamad ym, glreOMlNI ad "tic + / I1a a e. meet Aa Ipplaaw my iblwan, dkedy, of lalersesly. 6 my olhw IhNdr raReOteeeeni M wrmwoar If yap, give mum rA adQwr artier saw11 wwwwt. 1 CMRTIrY THAT I NAVlb NYAD TIM MOVE QU RSTWNS T RS ARB TRUE AND CORUCT TO TM MST Or MY OWN KNOWUMOC i1Wt •Tres..% 1UAp. M �{� F Tha lkm�l e lUurNwe n.. afore Mlelr{ni henna anp A, 1.t4uar LIIIIIry Inarsrlas (Dram SDap1130,000 For pow; 310M fears q� ars then one ' MAN pmaany kwupden; 134800 a0d 1100 Wan arfM W of wppon ATTACH •CIRTIPICATR OF DMURAI N',7O UDg FMK .O R -A Swot bond Dona arty, raflpq *# MNlwm carMfga ■ fpWMA alas It A. 0 C A MMHISM Oars tW Ma TMWM AN Oa WOO" hN d";Nd VAIN dw $Tees. Trap Fwl►,�Injgg �a best" Vanes of 11 OIV000 n1100.d00 is Ndr a pmfUb:f• nL3LSSR n r1B1IED w � C01RfT1! IIOASn,wlaalr Or cLvartv ATTORn1EY MIY ONo Icatifydwdo IN let Nfro lNOwledp MSlter. maaamolebew etc etlglNetole0mdec0."' If n /,awe Nos. . 51 0palilr4ceimlyAmmay Car '""" -- OW RMORT BY POLICE OR AIMUM 1 ORARTMRNT This is to OW6 deed 60 r4gliasral0 M m1wa 1, Ofto honer haw as Iee% aloeiaod whelp Be 0011 Ave yew for wry Vla4Ua of 14" ashes 4wofMinA ata, f4rIl hd OF Cewty OrNnememe rl o" N, Bnwdcaml L 4uw, 0a spa u rope": IiCSen!a - D.pantdaRw Tlw am ? IMPORTANTNOTICY .r.. ALL R"AILUQUUR 1.10 MIS MUST HAVV,� CUR MW IEDMAAL PECUL UCQAATIONAL STAMr, FOR INI `MMA -00" I EOARDING f1BTAMD00'I Me STAMP, CONTACT TH6 MURMAII Or ALCON00. TOBACCO AND rOPMhIS E4 u MOM A Opal awW all'�1rN NaAM/ NY IlesewerA Ihalar, Went elf%!N ayMal q 1 MI InaU of INaN w IbrN M wYr afIYMA. Mlh/rrw11 drfetw. ply MrMM eeranger P. 03 p.3 (, 6j) RYK - 2UUU JUL UJ:19 NM UVL INU 1-M NU, J2UbWbU8J r. U4 Minnesota Deportment of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Cedar Street, Suite 133, St. Paul, MN 5510 1-5 133 Telephone 651-201-7507 Fax 651 -297 -5259 TTY 651 -292 -6555 Certificadon of an On Salo l,lauor License, 3,2% Llauor license, or Sunday Liquor License Cities and Counties: You %to required by law to complete and sign this form to certify the issuance of the following liquor license types: 1) City issued on sale intoxicating and Sunday liquur licenses 2) City and County issued 12% on and off sale malt liquor licenses Name of City or Cc sluing Liquor Licanse �ti.1 1 - License Period From: - H I I I Q� T- 1110__ -__.. Circle0ne: Kew License icenseTransFor Suspension Revocation Cancel (former licansee name) ( ivc dales) License type: (circle all that apply) On Sale Intoxicating Sunday Liquo�. 3 ; 2% On sale) 3.2% Off Sale Fee(s): On Sale License fee:S� —� Sunday License foe: $ 113,5 3.2% On Salo toe: $ 3.2% Off Sale fee: $__ Licensee Name:_ itiCl{�. /GtS�t�A2TIA *ffi DOB SocialSecunry4 (wrp 1 LLC C, , � or l l _ ndividue)'IJEr'k L4-.0 1 (nom IG�nOI Business Trade Name G�Ct`er� Business Address ,ly u Mctih 5V. / y N 1 ✓ _`_t_,_,_ Zip Cod Coumy - ) ik-d Business Phone Home Phone 3,90 "3 .81 HomeAddressJ!��S City Wifimas( APS - 6DDI Licensee'sMN Tax ID10_9- - gS'? Licensee's Federal 7 ax I D N - ss-7 (ru Apply call 651 iO4 sp (To apply call IRS 0e0- 929.49)3) named licensee is a Name Lan) partnership, qr LItC, complete ranned0fticer Nome (rust Middle Last) DUB I Tome Add Home Address•►" Home Address Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form, The insurance certificate must contain all of the following: 1) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. 2) Covet completely the license period set by the local city or county licensing authority as shown on the license, Circle One: (Yes No) Daring the past year has a summons been issued to the licensee under the Civil Liquor Liability Law? Workers Compensation Insurance is also required by all licensees: Please co plate the following: Workers Compensation Insurance Company Name: - u0 i6 Policy 4 1AX)0 / "5 I Certify that this license(s) has been approved in an official meeting by the governing body of the city or county. City Clerk or County Auditor Signature__ _ _ Date — (title) On Sale Intoxicating liquor licensees must also purchase a $20 Retailer Buyers Card. To obtain the application for the Buycrs Card, please call 651- 201 -7504, or visit our website at www,dus,state.mn.us (roan got i -sN6) �, (j) / 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587 - 5151 /Fax: (320) 234 -4240 Short Term 3.2 Malt Liquor Fee: $125.00 City of Hutchinson APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE — ON SALE In provisions of the City of Hutchinson Municipal Code Chapter 112 All applications must be received at least 10 days before City Council Meeting in order to be considered Applicant Information American Legion Post 96 587 -2665 Business /Organization Name Phone Number 35 3'd Avenue SE Hutchinson Mn 55350 Business /Organization Address City State zip Non — Profit Veterans Club e o Business/Or anization Roger K. Olson 587 -5856 Applicant Name Phone Number 16212 County Road 7 Hutchinson Mn 55350 Applicant Address Ci State zi Officer(s)/Owner(s) of the Organization/Business . necessary, list additional names on separate sheet Name Title Name Title Name Title 3.2 Malt Liquor Sales Information Riverfront at West River Park along the Crow River 7 -17 -2009 & 7 -18 -2009 Location of Sales Date(s) of Sales Les Kouba Parkway Jerry M. Busse / Roger K. Olson Address Contact Person The following items need to be for the application to be Application fee paid in full (check or money order): ® yes ❑ no in full and signed by appl icantNyes ❑ no no The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption "ON" those certain premises in the City of Hutchinson described above and to that end represents and state as follows: That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21 years; that he /she is proprietor of this establishment for which the license will be issued if this application is granted. That no manufacturer of such non - intoxicating malt liquors has any ownership, in whole or in part, in said business of said applicant or any interest therein. V 6e) City of Hu tchinson Application for ShoriTerm 3.2 Mall Liquor License — On -Sale Page 2 of 2 That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and hereby agrees to observe and obey the same. Each Applicant further states that he/she is not now the holder of, nor has he /she made application for, nor does he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Z/ y_L Date Police ❑ approved ❑ denied Notes: rm; Hpr 1! euua e; ehYm N III Hassan Strw 5omheaA Hutchinson, ATM 53350 (320) 587- 51511Fa : {320}2344240 L11Y Ur MUJUHIIYSUN 4euej"e4u ' City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCH.AN - I Application Type (choose one) ❑ Solicitor $125.00 I Transient Merchant $135.00 ❑ Peddler $125.00 ❑Parade Peddler $30.00 Dale of Application 9 ( to d Applicant Information _ 2" X 2" Picture Required .I� r - Name: T flUl(V Ca 1�AV1S Height: 5 D`1 Weight: i5n FyeColor: bLAe t Driver's License Numb State. b Permanent Address: � J • Y�� 1 1J. IVG_ 0&eo Me. �Q o i _ Crly Ewe ZIP Permanent Telephone: Ql temporary Address: ,E C1* Smre rp Temporary Telephone Access: Have you been convicted o any crime, misdemeanor, or violation of any municipal ordinance, other thus 9na traffic violations? 13 yes If yes, state the nature of offense and punishment or penalty assessed therefore; �5� m1wiloij 1 MEMORANDUM POLICE I EMERGENCY MANAGEMENT SERVICES TO: Mayor & Council FROM: Chief Dan Hatte DATE: April 28, 2009 RE: Transient Merchant License Application and Investigation Todd Davis A background check was conducted on Mr. Todd Davis in reference to his obtaining a Transient Merchant License in the City of Hutchinson. Mr. Davis is planning on a one day sale fortools and general merchandise in the parking lot of the Americtnn on May 6, 2009. It would be my recommendation to grant Mr. Davis this transient merchant license based on the information gathered during the investigation. llkg 2009 -01 -0005 npr Ir eUUZJ e: ebt UIIY Uh HUI UHINbUN 3202U4424U Cety q /Huochmson .App rcaeion jor Peddlers. Soleerrors. and Trarsienr Merchan's Page 2 of 4 p w.,iawA.�+ I€r4fUr)natiOtl _.. -. Location Name 1115 hW� - 1 tAS_i - - - f -- Locatior:Address City M� _% 350 Stare 7;p Business Information r Describe relationship between applicant and employer: Sales Mo naoec Describe nature of business and describe item(s) offered: `�cn\ Cxrd C w c d HPI?1Y a Wk in fa�lna Describe method of delivery: � 1-Vi lziif COS n, _ Describe source of supply: VcxcveS I Supplier Name SupplierAddress Supplier Name Supplier .Address Supplier Name Supplier Address Ciry Crry Suppler Pirwre :Numoer Stare ;!p. _ Suppler Pbane Nwnber Suppler Phone %u,", Reference Information ' Provide two (2) property owners (preferably in McLeod County) for character references: Properry Owner Name P Owner Phone I..,h, Property O*wr Address J'Wle °in Owner Phone A5anbe• Properry Owner Address Cary (Q Hpr 1'/ 2UUH 2:2t3PM CITY OF HUTCHINSON 3202344240 _ Clry of Hutckinsan Applicalion jor PeddlerS. Soficitos. and Transient Merchants Page 3 V Reference Information (continued) List last (up to three (3)) previous city(ies) where you carried on same activity: 1 1 ASW MN 5 1 0 —*q to _ S (73 City State Date(s) of Activity Ain Aun M�1 5 IU41Cq to �9M - CrN State f Dale( %)of Activity W 1� no ac M►J `40r to 6'0C�. — City State Date(s) of Activity The following items need to be completed and/or attached in order for the application to Application/Investigation fee paid in full (check or money order): U6 yes I] no lication A Yes ❑ no I hereby certify I have completely filled out the entire above application and that the application is true, correct. ana ac.0 I fully understand that any person who violates any provision of the Peddlers, Solicitors, and'I'mnsient Merchants urdr::.:. No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding S 1.000,0(p m imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Dare Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: H 2imnsuRApplicatio Bb eddlu, 3Micitm, i' s¢eLdoc 010 C TO: Mayor & City Council FROM: Kent Exner, City Engineer John Paulson, Environmental Specialist RE: Public Hearing to Consider Comments on the Storm Water Pollution Prevention Plan (SWPPP) for the City of Hutchinson DATE: April, 28, 2009 Per requirements of the MPCA whom administer the National Pollution Discharge Elimination System (NPDES) Phase II permit, the City must have a Public Hearing and consider comments prior to submitting the Storm Water Pollution Prevention Plan (SWPPP) Annual Report for 2008. This regulation applies to all cities that are determined to have and maintain a Municipal Separate Storm Sewer System (MS4). Public comment and testimony will be received at this hearing. We recommend approving the attached SWPPP Annual Report for 2008 as required by the MS4 Permit. cc: Gary Plotz —City Administrator USE OF THIS FORM IS MANDATORY By completing this Annual Report form, you are providing the Minnesota Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including an assessment of the appropriateness of your identified best management practices (BMPs) and progress towards achieving your identified measurable goals for each of the minimum control measures as required by the MS4 Permit. If an MS4 determines that program status or compliance with the permit can not be adequately reflected within the structure of this form additional explanation and/or information may be referenced in an attachment. This form has significant limitations and provides only a snap shot of MS4 compliance with the conditions in the Permit. After reviewing the information MPCA staff may need to contact the MS4 to clarify or seek additional information. MPCA enforcement policy is to provide the opportunity to respond to any alleged violations before any enforcement action is taken. Submit your annual report by June 30, 2009 to: Minnesota Pollution Control Agency Municipal Division 520 Lafayette Road North St. Paul, MN 55155 -4194 A. The permit requires each MS4 to implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and steps that the public can take to reduce pollutants in stormwater runoff. [Part V.G.l.a] NOTE: Please indicate which of the following distribution methods you used during the 2008 calendar year. Indicate the number distributed in the spaces provided (enter "0" if the method was not used or "NA" if the data does not exist):: wq- strm4 -06 Page 1 of 7 9 ( o 2/08 Media type Number of media Number of times published Circulation/Audience Example: Brochures: 3 different brochures published 5 times about 10,000 Brochures: 1 1 about 200 Newsletter: Posters: 1 1 about 5000 Newspaper articles: 1 1 5380 Utility bill inserts: 1 1 4200 Radio ads: Television ads: Cable Access Channel: Other: Presentations 2 2 about 200 If you use a stormwater Web site as a tool to distribute stormwater educational materials: What is the URL: http: / /www.ci.hutchinson.mn.us How many hits to the stormwater page during 2008: Started recording hits for page late December 2008 Did you hold stormwater related events, presentations to schools or other such activities ® Yes ❑ No If yes, please describe: Had a booth at Home and Garden Show B. What stage of development would you assign to each area of your stormwater education program? (If there are multiple components for a Minimum Control Measure (MCM) check the one box that most accurately reflects the overall stag for that MCM). You may include an attachment if further explanation is desired. MCM 1: ❑ Not started ❑ Research ❑ Development ❑ Early Implementation ® Program in place MCM 2: ❑ Not started ❑ Research ❑ Development ❑ Early Implementation ® Program in place MCM 3: ❑ Not started ❑ Research ❑ Development ❑ Early Implementation ® Program in place MCM 4: ❑ Not started ❑ Research ❑ Development ❑ Early Implementation ® Program in place MCM 5: ❑ Not started ❑ Research ❑ Development ❑ Early Implementation ® Program in place MCM 6: ❑ Not started ❑ Research ❑ Development ❑ Early Implementation ® Program in place C. Have you developed partnerships with other MS4s, watershed districts, local or state governments, ❑ Yes ® N educational institutions, etc. to assist you in fulfilling the requirements for Minimum Control Measure 1? D. List those entities with which you have a partnership to meet the requirements of this MCM and describe the nature of the agreement(s) (list if level of effort exceeded 10 hours): A. Did you hold a public meeting to present accomplishments for calendar year 2008 and to discuss ® Yes ❑ N your Stormwater Pollution Prevention Program (SWPPP)? [Part V.G.I.e] If no, explain: B. What was the date of the public meeting? 4/28/2009 C. How many citizens attended specifically for stormwater (excluding board/council members and staff/hired consultants)? 0 D. Was the public meeting a stand -alone meeting for stormwater or was it combined with some other Stand -alone function such as a City Council meeting? ® Combined E. Each MS4 must receive and consider input from the public prior to submittal of your annual report. ❑ Yes ® N Did you receive written and/or oral input on your SWPPP? [Part V.G.2.b.1 -3]. wq- strm4 -06 Page 2 of 7 12/08 F. Have you revised your SWPPP in response to comments received from the public in calendar year ❑ Yes ® N 2008 or early 2009 (if meeting held in 2009)? [Part V.G.2.c] If yes, describe. Attach a separate sheet if necessary: Me permit requires MS4s to develop, implement and enforce a program to detect and eliminate illicit discharges as defined in 40 CFR 122.26(b)(2) in your SWPPP. You must also select and implement a program of appropriate BMPs and m easurable goals for this minimum control measure. A. Have you completed a storm sewer system map in accordance with the requirements of the permit? ® Yes ❑N (MPCA assumes that completed maps will still need updates and corrections as changes occur). If yes, describe the form in which the map is available: ❑ Hardcopy only ® GIS system ❑ CAD ❑ Other system: If no, please explain: NOTE: The storm sewer system map was to be completed by June 30, 2008. [Part V.G.3.a] B. Has an ordinance or other regulatory mechanism been adopted to prohibit illicit discharges or other ® Yes ❑ N non - stormwater discharges from entering your system? Provide the date for the most relevant part of the regulatory mechanism that was adopted or estimated date of adoption: 4/24/2007 C. Have you completed the tasks associated with the schedule listed on BMP Summary Sheet 3c -1 in ® Yes ❑ N your program for illicit discharge detection and elimination? (attach additional information if needed) Indicate the status of development for tasks associated with BMP Summary Sheet 3c -1: ❑ Not started ❑ Research ❑ Development ❑ Implementation ® Program in place D. Have you completed the tasks associated with the schedule listed on BMP Summary Sheet 3d -1 for ® Yes ❑ N your Public and Employee Illicit Discharge Information Program? Indicate the status of development for tasks associated with BMP Summary Sheet 3d -1: ❑ Not started ❑ Research ❑ Development ❑ Implementation ® Program in place The permit requires that each MS4 develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities within your jurisdiction that result in a land disturbance of equal to or greater than one acre, including the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres (include if your MS4 established a smaller site size). [Part V.G.4.] A. Have you adopted an ordinance or other regulatory mechanism that regulates stormwater runoff fron ® Yes ❑ No construction activities that results in a land disturbance of greater than or equal to one acre and/or les than one acre that is part of a common plan of development or sale that will ultimately disturb on acre or more? NOTE: Your regulatory mechanism must be fully developed and implemented withi six months from the extension of permit coverage. B. A complete copy of your erosion and sediment control ordinance or other regulatory mechanism ® Yes ❑ No addressing the requirements of Part V.G.4 of the Permit must be submitted with this Annual Report. This documentation may be submitted in hard copy, as a separate electronic file, or electronically attached to this Annual Report. Have you submitted a copy of your erosion and sediment control ordinance or other regulatory mechanism? Check here if you have No Regulatory Authority ❑ wq- stom4 -06 Page 3 of 7 12/08 C. The following are among the criteria used to evaluate the effectiveness of this program. Which of the following BMP components and pollution prevention management measures have been incorporated into your regulatory mechanism? Check all that apply and include a citation for each checked measure outlining specifically where it can be located in the documents submitted with this Annual Report. If you are utilizing the "Other Regulatory Mechanism" option, please respond in the same manner and follow the above submittal procedures. Citation (Ordinance, Rule, Statute, Code, MOU, or other official agreement, page #, paragraph, line item, or other BMP Component/P2 Measure reference) ® Temporary erosion controls Ordinance 54. 32 E ® Record keeping for rainfall and inspections Ordinance 54. 30 F ® Permanent erosion controls Ordinance 54. 04 B ® Waste controls for hazardous waste Ordinance 54. 32 B ® Waste controls for solid waste Ordinance 54. 32 B ® Dewatering and basin draining Ordinance 54. 32 A ® Regular inspections by site operators Ordinance 54. 30 F ® Site plan submittal including erosion and sediment control BMPs Ordinance 54. 31 ® BMP maintenance Ordinance 54. 40 4. ® Site plan review and approval prior to activity on site Ordinance 54. 31 5. ® Permanent stormwater management facility approval Ordinance 54. 20 ❑ Other: D. Your ordinance or regulatory mechanism must include sanctions to ensure compliance and contain enforcement mechanisms. Which of the following enforcement mechanisms are contained in your ordinance or regulatory mechanism? Check all existing and added sanctions for 2008. Include with each checked measure a citation outlining where each mechanism can be located in the documents submitted with this Annual Report. Citation (Ordinance, Rule, Statute, Code, MOU, or other official agreement, page #, paragraph, line item, or other Enforcement Mechanism reference ❑ Verbal warnings ® Written warnings Ordinance 54. 43 ® Stop -work orders Ordinance 54. 42 ® Fines Ordinance 54. 50 ❑ Forfeit of security bond money ® Withholding of certificate of occupancy Ordinance 54. 50 ® Other: Costs of Damage Ordinance 54. 51 E. Identify which of the following types of enforcement actions you used for construction activities during the reporting period, indicate the number of actions or note those for which you do not have authority: Number of actio ® Yes Notice of violation # No Authorit ❑ wq- strm4 -06 Page 4 of 7 �) 12/08 wq- strm4 -06 Page 5 of 7 r 7 4 12 /08 T he permit requires each MS4 to develop and implement an operation and maintenance program that includes a trainin component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Your progra must include employee training to prevent and reduce stormwater pollution from activities such as park and open spat ma intenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. A. Is your MS4 current on development of all the BMPs listed in the BMP Summary Sheets for MC ® Yes ❑ No 6 as indicated in the timeline/implementation schedules? If no, explain: B. Indicate the total number of structural pollution control devices (for example -grit chambers, sumps, floatable skimmers, etc) within your MS4, how many were inspected, and calculate the percent inspected. Enter "0" if your MS4 does not contain structural pollution control devices or "NA" if the data does not exist: Total Number I Number Inspected I Percentage Structural Pollution Control Devices:1 4 1 4 1 100 C. Did you repair, replace, or maintain any structural pollution control devices? ® Yes ❑ No D. For each BMP below, indicate the total number within your MS4, how many of each BMP type were inspected, and calculate the percent inspected: Structure/Facility Type Total Number Number Inspected Percentage Outfalls to receiving waters 63 22 35 Sediment basins /ponds 38 16 42 TOTAL 101 38 38 The permit requires that any MS4 that discharges to a Water of the State which appears on the current U.S. EPA approve list of impaired waters under Section 303(d) of the Clean Water Act review whether changes to your SWPPP may b w arranted to reduce the impact of your discharge [Part IV.D] A. MPCA has provided an MS4 Mapping tool which provides information for compliance with the permit and water quality ru les. It can also help MS4 staff and stakeholders view relationships between an MS4 and various other water features in the layers including impaired waters. Please go to the MS4 Mapping tool located at htt : / / w w�w'.p ca. state. mn. usiwater /stormwater /stonnwater- ms4.html by clicking on "MS4 mapping tool' under "Maps of 54s" and rate this web mapping tool for its usefulness in helping you identify impaired waterbodies your MS4 may discharge to, including impaired waters as defined on the 303d listing (This request is optional) ❑ Not Useful at all ❑ Somewhat Useful ® Usefid El Very Useful ❑ Other: Check here iif your MS4 has no impaired waters: ❑ A dditional Comments on the MS4 Mapping Tool can be emailed to: paul.leegard @pca.state.mn.us RR '.� � A. Did you make a change to any identified BMPs or measurable goals in your SWPPP since your last ❑ Yes ® N report? [Part V.H.] If yes, explain: B. Briefly list the BMPs using their unique SWPPP identification numbers you have changed in your SWPPP or any measurable goals that will be changed in your updated SWPPP, and why they have changed: (Attach a separate sheet if necessary) C. Did you rely on any other entities (MS4s, consultants or contractors) to implement any portion of ❑ Yes ® N wq- strm4 -06 Page 6 of 7 12/08 your SWPPP? If yes, please identify them and list activities they assisted with: he person with overall administrative responsibility for SWPPP implementation must sign the annual report. This per ust be duly authorized and should be the person who signed the MS4 permit application or a successor. I 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. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible fo gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540). X Authorized Signature (This person must be duly authorized Date to sign the annual report for the MS4. Electronic submissions must be sent from this person's email address to qualify for Authorized Signature status) Exner Kent City Engineer Last Name First Name Title 111 Hassan Street SE Mailing Address Hutchinson MN 55350 City State ZIP code (320)2344212 kexner@aci.hutchinson.mn.us Telephone (include area code) E -mail Address wq- strm4 -06 Page 7 of 7 9() 12/08 MEMORANDUM DATE: April 22, 2009 for the April 28, 2009 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE TO BE BUILT WITH ZERO SETBACK TO THE FRONT AND REAR PROPERTY LINES AT 1175 OAKWOOD COURT N.W., REQUESTED BY RICHARD AND SANDY LENNES Background: The property owners are requesting an amendment to the planned development district to construct a new home in Fairway Estates Second Addition. The amendment is to allow zero -foot front and rear yard setbacks, where a 5 -foot setback was specified on the approved development plans. Side setbacks would meet the required 5 -foot setback. The applicant is requesting the amendment to allow an attached three stall garage to be constructed with the house. The lots in this development were approved as unit lots that are not much larger than the footprint of the structure and are surrounded by commonly - owned open space. There was a similar amendment approved in 2006 to allow reduced setbacks for another home in the development. Additional information is contained in the attached staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their April 21 meeting. Mr. Lennes presented information that the zero setback is needed to accommodate a 3 -stall garage, add value to the home, and allow a modest deck. They are requesting a 16" roof overhang to be consistent with the design of the homes in the development, which with a zero front setback, would overhang into the common space. He stated his plans have been approved by the Homeowners' Association and would be consistent with their design standards. He said the gable end overhang would not affect drainage or affect adjacent properties. Mr. Lennes noted he met with staff to discuss design alternatives to reduce the proposed overhang of the front roof line, however he decided to request the 1,6" overhang in order to match the other homes. Mr. Lennes went through the conditions recommended by staff and noted concerns with two of the conditions, #2, regarding requiring adjacent property approval of the grading and elevations, and #3, requiring revisions so there would be no overhang into the common space. He suggested changing adjacent property approval to "review and comment ". Staff stated the proposed language would be acceptable as staff does the final review on the proposed survey and grading plan prior to issuing a building permit. The concern is primarily to make sure the vacant property to east is not negatively impacted due to changes in the grade and potential steepness of the driveway due to the zero setback. City Council Memo April 28, 2009 1175 Oakwood Ct. NW Page 2 Regarding the overhang, the Commission discussed the reasons for discouraging overhangs beyond the lot line is also for utility access, in addition to drainage. Mr. Lennes noted the condition regarding keeping geothermal wells on his own lot is not an issue. There was one neighbor who spoke on the request, Jon Beach, 1177 Oakwood Cr. NW. His property is the adjacent home to the northwest. He stated concerns with the view from the rear of his home, which is mostly windows, and shading of his home. He said he bought the property knowing there was a 5 -foot setback and that he would be adversely affected with close proximity of the Lennes home. Mr. Beach stated he did not have a problem with the front setback, but opposes the rear setback reduction. The Commission discussed the distance between the homes, the decks, and whether the proposed home would block sunlight. The Commission noted the proposed house would be 2.5' from the rear property line, but the deck would be up to the lot line. It was noted the deck would be open with no roof and would be about the same level as the adjacent home. After additional discussion on the rear setback issue, there were several motions made, amended, withdrawn, and a motion that failed. The final motion was the Commission recommending approval of the conditional use permit to allow a zero -foot front yard setback with a 16 -inch overhang into the common space, however requiring a 5 -foot setback rear yard setback (4 ayes, 2 against). The attached resolution contains the revised conditions per Commission recommendation. Recommendation: The Commission recommends approval of the conditional use permit to allow a zero -foot front yard setback with a 16 -inch overhang into the common space, and requiring a 5 -foot setback rear yard setback, with 4 ayes, 2 nays. The attached resolution contains the revised conditions per Commission recommendation. IDL_ RESOLUTION NO. 13564 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE TO BE BUILT WITH ZERO SETBACK TO THE FRONT PROPERTY LINE AT 1175 OAKWOOD COURT N.W. Whereas, Richard and Sandy Lennes, property owners, requested approval of a conditional use permit to amend the planned development district to allow construction of a house to be built with zero setback to the front and rear property lines at 1175 Oakwood Court N.W. with the following legal description: Legal Description: Lot 16, Block 3, Fairway Estates Second Addition Whereas, the Planning Commission met on April 21, 2009, and held a public hearing on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: 1. The standards for granting a conditional use permit would be met for the proposed zero -foot front yard setback with a 16 -inch overhang into the common space, however under the condition that a 5 -foot rear yard setback would be provided due to the negative impact to the adjacent property to the northwest. Information presented at the public hearing found negative impacts to the view from the home at 1177 Oakwood Court and shading of the home. 2. The applicant shall provide a detailed survey with the proposed grading and elevations at the time of building permit application. 3. Proposed changes to the approved grading plan will require neighboring property owner review and comment. Drainage from the subject lot must not affect adjacent properties. 4. Building Code compliance for fire walls will need to be addressed by the applicant for the building permit. S. Geothermal wells must be located within the unit lot. Adopted by the City Council this 28th day of April, 2009. ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor REVISED DRAFT WITH COMPROMISE RESOLUTION NO. 13564 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE TO BE BUILT WITH ZERO SETBACK TO THE FRONT AND REAR PROPERTY LINE AT 1175 OAKWOOD COURT N.W. Whereas, Richard and Sandy Lennes, property owners, requested approval of a conditional use permit to amend the planned development district to allow construction of a house to be built with zero setback to the front and rear property lines at 1175 Oakwood Court N.W. with the following legal description_ Legal Description: Lot 16, Block 3, Fairway Estates Second Addition Whereas, the Planning Commission met on April 21, 2009, and held a public hearing on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: 1. The standards for granting a conditional use permit would be met for the proposed zero-foot front yard setback with a 16 -inch overhang into the common space, a zero -foot setback for the rear yard adjasent pmp" to 'he, FiAfth%-Pqt. ;—R-44mafian presented a4 the publie hearing found negativ impacts R the view F. e m the Memo a t t 179 fL.L...00d Co urt and shading of the home 2. The building plans shall be revised to provide a 3.5 -foot setback to the northeast comer of the home with a 16' overhang. 3. The applicant shall provide a detailed survey with the proposed grading and elevations at the time of building permit application. 4. Proposed changes to the approved grading plan will require neighboring property owner review and comment. Drainage from the subject lot must not affect adjacent properties. 5. Building Code compliance for fire walls will need to be addressed by the applicant for the building permit. 6. Geothermal wells must be located within the unit lot. Adopted by the City Council this 28th day of April, 2009. ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From. Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Melissa Reichl, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Sehnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Brandon Brehmer, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: April 10, 2009, for April 21, 2009, Planning Commission Meeting Application: CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE WITH ZERO SETBACK TO THE FRONT AND REAR PROPERTY LINES, AT 1175 OAKWOOD COURT N.W. Applicant: Richard and Sandy Lennes, property owner CONDITIONAL USE PERMIT TO AMEND PLANNED DEVELOPMENT DISTRICT The property owners are requesting an amendment to the planned development district to construct a new home in Fairway Estates Second Addition. The amendment is to allow zero -foot front and rear yard setbacks, where a 5 -foot setback was specified on the approved development plans. Side setbacks would meet the required 5 -foot setback. The applicant is requesting the amendment to allow an attached three stall garage to be constructed with the house. The lots in this development were approved as unit lots that are not much larger than the footprint of the structure and are surrounded by commonly -owned open space. There have been similar amendments approved to allow reduced setbacks in this development. I D I+ ) Conditional use permit 1175 Oakwood Ct. N.W. Planning Commission — 4/21/09 Page 2 GENERAL INFORMATION Existing Zoning: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Analysis and Recommendation: R -1 PDD 50' X 83' Vacant R— 1 PDD (Single Family Residential) Planned Development District Traditional Residential Neighborhood The property is located in the Fairway Estates Second Addition, which was rezoned R -1 PDD and approved by the City Council in April, 1999. There have been several similar amendments approved to allow smaller setbacks in this development. Sections 154.070 and 154.170, City Code The original plan for this neighborhood was developed and approved in 1999. Five foot setbacks were specified in the Planned Development District plan. Conformance to the site plan is required otherwise changes are processed through an amendment to the PDD (CUP process). The request is to allow zero setback to the front and rear setback to allow for construction of a new home with a three stall garage, which would be an amendment to the approved plan. Approval of a conditional use permit is required for this proposal. A CUP shall be granted if the use meets the following standards: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. In reviewing the request, staff considered the potential impacts to adjacent properties. There is a vacant platted lot east of this property that shares a lot line with the subject property. A key area to review is the change to the grades that results from the reduced setback and larger building footprint. Potential impacts of a smaller setback could be changes in drainage and grading from the approved grading plan and a steeper driveway. As the survey provided by the applicant does not provide enough detail to I b tc,)— Conditional use permit 1175 Oakwood Ct. N.W. Planning Commission — 4/21/09 Page 3 review the proposed drainage and grading, a revised survey showing the proposed grades will be required before a building permit can be issued. Because of the potential impact to the grades of the adjacent property, any changes from the approved grading plan will require neighboring property owner's approval in writing. As -built elevations for the new home must be verified. Gutters maybe necessary to promote positive drainage for the property and avoid impacts to the adjacent property. The grades of the driveway will also need to be reviewed due to the proposed basement and smaller setback which will increase the steepness of the driveway. Due to the proposed zero setback to the lot line, two other considerations are the roof overhang over the lot line into the common area and compliance with the Building Code for fire walls built up to the lot line. Staff has some concerns regarding allowing roof overhangs over property lines and would recommend that the garage or house plan be reduced in depth so there is no overhang over the lot line. The applicant is considering installing geothermal wells for heating and cooling. Staff recommends that this system be installed within the unit property lines, and not encroach into common areas. Approval of the Homeowners Association would likely be required for installation in the common areas. Staff would recommend approval of the request with the following conditions to address concerns raised by staff. 1. The applicant shall provide a detailed survey with the proposed grading and elevations at the time of building permit application. 2. Proposed changes to the approved grading plan will require neighboring property owner approval in writing. Drainage from the subject lot must not affect adjacent properties. 3. The building plans shall be revised so that the overhang does not encroach over the lot line. 4. Building Code compliance for fire walls will need to be addressed by the applicant for the building permit. 5. Geothermal wells must be located within the unit lot. r�)La) SKETCH OF PROPOSED HOUSE LOCATION FOR DICK 81 SANDY LENNES qy do LOT 16, BLOCK 3, FAIRWAY ESTAT €S SECOND ADDITIO LOT AREA 1 4150 Square Feet Bulldin Footprint Area as shown 2566 Sq Ft N9O 50.00 \ P d RMWm CECN � YJJ 16.e ��ae / x.m mum non w be m•..um If Y w _ / g PROPOSED HOUSE 5 8 m / u iu 16 W I� 5 8 8 H 17 e R `a (NO BUILDING) c5 a.m. sm.o..0 .o e. .. mwwn nM O /0 20 40 N90 *W 5(100 /•- 1g i sto /e in leer �- / 0 04s e o \ BLOCK 3 \9) \ s \ X 00 \ \ \ \ \ \ ST \ \ mtomewu. plw \ \ ro / O dope \ \ \ Y eaaeme --------- - - , \ \ 1 \ G \A— / \ \ J PELLINEN LAND SURVEYING, INC 1 hereby cv tlly that this Survey, Plan or Report was or spored by ma or under my P 0 Box 35 direct supervision and that 1 am a duly Ilcerssd Lane Surveyor affect the laws Of HUtehlnson, Minnesota 55350 the State of Minnesota. Phone(320)587 -47tH !� r1 Lic. Fox (320) 587 -3752 JOB NO 09006 BK P -357 to 17 All DI-) Private Party Agreement for City Council Consideration on April 28, 2009 The following represents a private party agreement on the proposed Conditional -use request submitted by Dick and Sandy Lennes to the Hutchinson City for building setbacks on lot 16 of the Second Addition of Fairway Estates, The Greens. The agreement is between owners of lot 15, Jonathon and Laura Beach and owners of lot 16, Dick and Sandy Lennes. This agreement is to be submitted to the Hutchinson City Council on Tuesday, April 28, 2009 as part of the agenda discussion on the Conditional -use recommendation for lot 16 from the Hutchinson Planning Commission hearing of April 21, 2009. Background: The background on the Planning Commission recommendation is provided in the memorandum sent to the Hutchinson City Council by Planning Director, Rebecca Bowers dated April 22, 2009. Purpose of Private Agreement: As a result of a concern presented at the Planning Commission Hearing by Jonathan Beach, the requested rear setback by Dick and Sandy Lennes was denied. The two parties met to discuss possible alternatives that would be favorable to each party. Agreement: The following list represents a unanimous agreement between the parties to be submitted to the City Council with the recommendation that the Planning Commission recommendations be modified to allow the stated building set - backs. I -Honor the Planning Commission recommendations for a zero front setback with a 16 -inch overhang into the common space. 2- Modify the Planning Commission recommendation for the rear setback to: -Allow the requested 6 -foot deck to extend from the northwest comer of the building to the zero rear lot line. -Allow a Y -6" setback from the northeast corner of the building with a 16 -inch overhang. (This is a change from the original requested 2' -6" setback) -State as a condition that the owner of lot 16 re- design the roofline of the northeast rear corner of proposed building to extend the overhang eyebrow at an 8 -12 pitch as illustrated in the attached exhibit C. (The purpose of the roof modification is to allow more sunlight on the adjacent property to the west.) Both parties will be represented at the April 21 City Council meeting to affirm this agreement. Exhibit C— Revised Rear Setback Agreement - Lot 16, The Greens Dick and Sandy Lennes L: 3 1/2' rear setback w /eye brow overhang extending at 8/12 pitch until it hits the gable rafter that spans the fad width of the house.. Policy Monitoring Report April 2009 Policy Type: Executive Limitations Policy Title: 2.7 Compensation and Benefits I hereby present my monitoring report on your Executive Limitations policy "Compensation and Benefits" according to the schedule set out. I certify that the information contained in this report is true, and represents compliance with a reasonable interpretation of all aspects of the policy unless specifical� stated otherwise. i Signed �e7 '4 Date With the respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the City Administrator shall not cause or allow jeopardy to financial integrity or to public image. CITY ADMINISTRATOR INTERPRETATION: I interpret "cause or allow" to relate to acts of omission or commission by anyone in the City organization. I interpret "jeopardy to financial integrity" to mean potential risk to the City's financial position resulting from expenditures exceeding revenues. I interpret "public image" to mean the common positive perception of the City by its constituents, customers, and others. The council has interpreted this global statement through its subsequent policy provisions. My supporting evidence of compliance is included after each statement. However, one aspect of the global statement not covered by the Council's further policy provisions is public image. The City, in its annual Compensation Plan lists the following objectives that work to maintain a positive public image: • To ensure, subject to the financial condition of the City, that employees receive fair and equitable compensation in relation to their individual contributions to the City's success. • To follow the principles of pay equity in establishing and maintaining pay relationships among positions based on the categories of the Stanton Point Factor System. • To ensure program flexibility necessary to meet changing economic, competitive, technological, and regulatory conditions encountered by the City. • To balance compensation and benefit needs with available resources. Additionally, the Employee Wage Committee, when considering any recommendations to the Council and to the Management Team regarding wages must consider the following: • The reasonableness, as perceived by the City Council and the taxpayers, of the amount of funds to be dedicated to wage increases Further, without limiting the scope of the foregoing by this enumeration, the City Administrator shall not: 2.7.1 Promise or imply permanent or guaranteed employment. CITY ADMINISTRATOR INTERPRETATION: I interpret this executive limitation to mean giving any current or potential City employee any reasonable expectation or claim that employment with the City is certain and for an 11�� indefinite period of time. "Employment" means serving in the capacity of a public employee as defined in Minnesota Statutes 179A.03, subdivision 14. Compliance will be demonstrated when: 1. There have been no substantiated complaints by staff or others that this provision has been violated. 2. There have been no substantiated complaints filed against the City with the Equal Employment Opportunity Commission (EEOC) or the Bureau of Mediation Services (BMS). EVIDENCE: 1. New regular employees of the City are provided with a copy of City of Hutchinson Resolution No. 13133, the City of Hutchinson Employee Handbook, Personnel Policy. Employees are required to complete an "Affidavit of Receipt" that acknowledges in writing that they have received the policy document. The affidavit is filed in the employee's personnel file. Per Section 1 of City of Hutchinson Resolution No. 13133, the City of Hutchinson Employee Handbook, Personnel Policy, except as otherwise prohibited by law, the City of Hutchinson has the right to terminate any employee at any time for any or no reason. Employees may similarly terminate employment at any time for any reason. Positions are not referred to as "permanent" or "guaranteed ". Positions are categorized as Regular Full Time, Regular Part Time, Temporary, and or Seasonal. Since October 2008, two regular employees have been hired and the completed affidavit is contained in the respective personnel files. 2. Written offer letters are provided to all individuals conditionally offered a regular position with the City indicating the employment status of the offered position. Confirmation of hire letters are also provided to individuals who have met all of the conditions of the offer for a regular position that indicate the status of employment. Since October 2008, two regular employees have been provided with written offer and confirmation of hire letters that are contained in the respective personnel files. 3. Orientation sessions are held with all new hires during which employees are reminded of the status of the position to which they have been hired. Since October 2008, thirteen employees have been hired and the completed the orientation session. 2.7.2 Establish current compensation and benefits that deviate materially from the geographical or professional market for the skills employed. CITY ADMINISTRATOR INTERPRETATION: I interpret "current" to mean compensation information from a formal study no more than three years prior or an informal survey done annually. I interpret "compensation and benefits" to mean the wages and the health, dental, life and long term disability insurance and the PERA retirement plans to which the City contributes funds on behalf of the regular full time and regular part time employees. To "deviate materially" means to be more than a 15% difference in compensation and benefit rates without a valid reason. The "geographical or professional market" is the list of communities identified by and adopted by the City Council with whom the City competes for employees. This list is revisited by the Council with each subsequent compensation plan study or as determined by the Council. Compliance will be demonstrated when: 1. The results of the formal position and compensation study utilizing the services of an independent consultant are accepted and adopted by the Council. 2. The compensation and benefit information available on the League of Minnesota Cities (LMC) annual Local Government Salary & Benefits Survey are accessed and indicate the City benefits do not deviate more than 15% from those of the identified list of communities. 3. An informal market rate study indicates that the City's proposed market increase does not materially deviate from those market or COLA increases approved /implemented by the identified list of communities. EVIDENCE: 1. The results of the formal position and compensation study utilizing the services of an independent consultant. The Executive Summary of the most recent study results completed in 2005 is on file in the Human Resources office at City Center. The principal recommendations of the study included the following: a. Adopt the recommended position classifications or the "position classification table" that lists the City's regular positions in the identified grades 1 -19. b. Accept the recommendations regarding status changes for positions per the Fair Labor Standards Act (exempt/non- exempt). c. Adopt recommended salary grade adjustments (reclassifications). d. Adopt an open pay range system where employees move through the pay grade based on performance. e. Adopt a pay range of 80% of market to 115% of market. f. Conduct a formal survey at least every three years. g. Determine an exclusive market sample of ciit4es of similar size to be used for comparison for all positions. 2. Reports generated from the compensation and benefit information available on the League of Minnesota Cities (LMC) annual Local Government Salary & Benefits Survey. 3. Results of the informal market rate /COLA survey. 2.7.3 Create obligations over a longer term than revenues can be reasonably projected, in no event longer than prudent and in all events subject to losses in revenue. CITY ADMINISTRATOR INTERPRETATION: I interpret "obligations" as meaning those monies contained in the budget to cover the costs associated with employee wages and benefits. This includes salaries, insurance and retirement benefits, employment taxes, worker's compensation and unemployment costs. "A longer term than revenues can be reasonably projected" means either the one calendar year period of the current year budget, or the ensuing annual budgets contained in the 2 -5 year projected budget estimates. "Prudent" means what is reasonable to the City Council. "Subject to losses in revenues" means that only monies available to cover the budget projections may be paid as wages and benefits. If revenues cannot cover projected expenditures, the budget must be adjusted accordingly to prevent any budget shortfalls. This can be accomplished generally by reducing or eliminating non - wage /benefit related expenditures, or by reductions in force. Compliance will be demonstrated when: 1. The December monthly departmental financial reports are completed and distributed in January of the following year and indicate that revenues covered compensation and benefit costs. iii) 2. The annual budget is audited. EVIDENCE: The Schedule of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual of the annual budget audit report document demonstrate compliance. 2.7.4 Fail to annually present to the Council a performance pay plan for approval. CITY ADMINISTRATOR INTERPRETATION: I interpret "annually" to mean no later than December of the year prior to the implementation date (January 1) of the plan. A "performance pay plan" is the City of Hutchinson Annual Compensation Plan present to the Council in resolution form. Compliance will be demonstrated when: The resolution containing the performance pay plan is placed for consideration on a regular City Council meeting agenda prior to January 1 of the following year. EVIDENCE: Consideration of the resolution is contained in the regular City Council meeting minutes that are filed in the official City Council minute books. ) I LQ-) Page 1 of 1 Gary Plotz From: Stacy Sjogren ]ssjogren @charter.net] p'N Sent: Thursday, April 23, 2009 11:45 AM �\ To: Gary Plotz Subject: RE: Update: Executive Limitations Report Attachments: 2 7 Comp and Bene feedback 4 23.doc Hi Gary, Here are some brief comments on the C/B report. Overall, VERY close to dead on. A couple tweaks if you have time or consider it for the next round. Pass on my complements to Brenda, please. Out of the Woods Consulting ssjogren @charter net 320.654.0416 2010 7th Street North, Sartell MN 56377 www.outofthewoodsconsulting.com From: Gary Plotz [ mailto :GPootz @ci.hutchinson.mn.us] Sent: Thursday, April 23, 2009 10:50 AM To: (ssjogren @charter. net); Stacy Sjogren (ssjogren @charter. net) Subject: Update: Executive Limitations Report From: Brenda Ewing Sent: Thursday, April 23, 2009 10:15 AM To: Gary Plotz Subject: Executive Limitations Report Gary. Attached is the 2.7 report. Brenda Ewing Human Resources Director Ext. 213 4/23/2009 � L) CITY OF HUTCHINSON FINANCIAL REPORTS (FEBRUARY 2009 AS OF 0412212009) EXPENDITURES BY DEPTARTMENT: MAYOR & CITY COUNCIL ADMINISTRATION ELECTIONS FINANCE DEPARTMENT MOTOR VEHICLE ASSESSING LEGAL PLANNING INFORMATION SERVICES POLICE DEPARTMENT EMERGENCY MANAGEMENT SAFETY COMMITTEE FIRE DEPARTMENT PROTECTIVE SERVICES ENGINEERING STREETS & ALLEYS CITY HALL BUILDING PARK/REC ADMINISTRATION RECREATION SENIOR CITIZEN CENTER CIVIC ARENA PARK DEPARTMENT RECREATION BLDG & POLL EVENT CENTER EVERGREEN BUILDING LIBRARY CEMETERY AIRPORT UNALLOCATED GENERAL EXP TOTAL EXPENDITURES 2008 2009 2009 2009 2009 FEBRUARY MARCH MONTH OF MARCH ADOPTED BALANCE PERCENT YTD MARCH YTD BUDGET REMAINING USED 13,108.46 2008 2009 2009 2009 2009 MARCH 29,358.81 MARCH MONTH OF MARCH ADOPTED BALANCE PERCENT DESCRIPTION: YTD MARCH YTD BUDGET REMAINING USED TAXES - - - 4,196,810.00 4,196,810.00 0% LICENSES 43,086.00 21,775.00 40,555.00 57,989.00 17,434.00 70% PERMITS 21,506.24 7,074.79 19,576.87 304,696.00 285,119.13 6% INTERGOVERNMENTAL REVENUE 32,504.81 10,928.69 33,277.97 2,584,224.00 2,550,946.03 1% CHARGES FOR SERVICES 296,285.07 68,458.71 250,804.15 1,757,664.00 1,506,859.85 14% FINES & FORFEITS 8,376.08 - 3,457.64 45,000.00 41,542.36 8% INTEREST ON INVESTMENTS (48,475.12) 175.69 (41,507.75) 70,000.00 111,507.75 -59% REIMBURSEMENTS 111,059.79 54,810.76 68,108.06 408,632.00 340,523.94 17% TRANSFERS 9,263.07 2,350.00 7,823.60 2,012,140.00 2,004,316.40 0% SURCHARGES 61.00 (176.01) 17.20 1,000.00 982.80 2% FUND BALANCE - 1,463,999.00 - 47,168.00 47,168.00 0% TOTAL REVENUES $ 473,666.94 $ 165,397.63 $ 382,112.74 $ 11,485,323.00 $ 11,103,210.26 3% EXPENDITURES BY DEPTARTMENT: MAYOR & CITY COUNCIL ADMINISTRATION ELECTIONS FINANCE DEPARTMENT MOTOR VEHICLE ASSESSING LEGAL PLANNING INFORMATION SERVICES POLICE DEPARTMENT EMERGENCY MANAGEMENT SAFETY COMMITTEE FIRE DEPARTMENT PROTECTIVE SERVICES ENGINEERING STREETS & ALLEYS CITY HALL BUILDING PARK/REC ADMINISTRATION RECREATION SENIOR CITIZEN CENTER CIVIC ARENA PARK DEPARTMENT RECREATION BLDG & POLL EVENT CENTER EVERGREEN BUILDING LIBRARY CEMETERY AIRPORT UNALLOCATED GENERAL EXP TOTAL EXPENDITURES 2008 2009 2009 2009 2009 FEBRUARY MARCH MONTH OF MARCH ADOPTED BALANCE PERCENT YTD MARCH YTD BUDGET REMAINING USED 13,108.46 2,422.40 9,187.44 56,310.00 47,122.56 16% 89,141.14 29,358.81 87,368.41 411,883.00 324,514.59 21% - - - 10,128.00 10,128.00 0% 132,54440 59,729.62 136,973.66 638,174.00 501,200.34 21% 52,327.33 21,666.60 61,322.39 231,500.00 170,177.61 26% - - - 57,940.00 57,940.00 0% 42,434.42 18,267.95 43,415.26 200,194.00 156,778.74 22% 38,961.31 11,088.64 32,682.86 173,215.00 140,532.14 19% 60,185.03 21,042.95 60,746.88 286,127.00 225,380.12 21% 653,187.73 240,836.49 646,420.19 3,168,196.00 2,521,775.81 20% 7,098.34 575.59 3,701.88 18,000.00 14,298.12 21% 4,600.00 - 2,787.50 13,450.00 10,662.50 21% 76,310.28 22,913.31 64,844.36 438,677.00 373,832.64 15% 62,157.52 24,793.98 58,063.56 285,596.00 227,532.44 20% 126,383.83 39,364.83 114,523.55 487,287.00 372,763.45 24% 324,124.80 138,816.91 286,261.51 1,463,999.00 1,177,737.49 20% 31,979.50 9,721.17 28,918.16 148,477.00 119,558.84 19% 47,459.98 15,435.43 46,276.02 221,451.00 175,174.98 21% 47,277.98 19,364.11 48,330.95 225,665.00 177,334.05 21% 18,406.41 4,845.40 14,412.29 71,856.00 57,443.71 20% 112,711.24 37,265.50 112,548.77 324,827.00 212,278.23 35% 185,256.00 53,411.48 152,669.14 666,975.00 714,305.86 18% 36,85124 18,623.81 44,606.15 142,254.00 97,647.85 31% 65,016.04 21,961.84 63,993.75 253,036.00 189,042.25 25% 4,274.67 1,383.93 3,958.76 15,450.00 11,491.24 26% 44,576.61 2,241.30 44,957.09 189,792.00 144,834.91 24% 24,184.75 8,493.22 21,769.64 146,459.00 124,689.36 15% 27,832.33 7,375.52 19,494.41 101,570.00 82,075.59 19% 117,263.81 18,700.78 85,146.41 836,835.00 751,688.59 10% $ 2,445,657.15 $ 949,701.57 $ 2,295,380.99 $ 11,485,323.00 $ 9,189,942.01 20% 169,280.89 34,569.52 126,410.46 1,084,864.00 958,453.54 12% $ 2,445,657.15 $ 849,701.57 $ 2,295,380.99 $ 11,485,323.00 $ 9,189,942.01 20% I cL 2008 2 2009 2 2009 2 2009 2 2009 M MARCH EXPENDITURES BY M MARCH M MONTH OF M MARCH A ADOPTED B BALANCE P PERCENT FUNCTION OF GOVERNMENT: Y YTD M MARCH Y YTD B BUDGET R REMAINING U USED GENERAL GOVERNMENT 4 460,681.59 1 173,298.14 4 460,615.06 2 2,213,948.00 1 1,753,332.94 2 21% PUBLIC SAFETY 8 803,353.87 2 289,119.37 7 775,817.49 3 3,923,919.00 3 3,148,101.51 2 20% STREETS & ALLEYS 4 450,508.63 1 178,181.74 4 400,785.06 1 1,951,286.00 1 1,550,500.94 2 21% PARKS & RECREATION 5 561,832.17 1 174,532.80 5 531,752.92 2 2,311,306.00 1 1,779,553.08 2 23% MISCELLANEOUS $ 2,445,657.15 $ 849,701.57 $ 2,295,380.99 $ 11,485,323.00 $ 9,189,942.01 20% I cL Institution Smith Barney Smith Barney Smith Barney Smith Barney Smith Barney Smith Barney Edward Jones Wachovia Wachovia Wachovia Wachovia Wachovia Wachovia First Minnesota First Minnesota First Minnesota MidCountry Description FNMA - Step FNMA - Step FHLB FHLM - Step FFCB FHLB FHLB FHLM - Step FHLM - Step FHLM - Step FHLM - Step FNMA - Step FNMA - Step CD's CD's CD's CD's CITY OF HUTCHINSON INVESTMENT REPORT March 31, 2009 Maturity Date Interest of Rate Purchase 2/26/2014 350,000.00 4.125% 6/3/2008 2.000% 2/26/2009 5.200% 10/15/2008 4.000% 12/11/2008 3.875% 12/29/2008 4.250% 2/26/2009 3.500% 3/2612008 5.250% 11/26/2007 4.250% 3/10/2009 5.000% 1/29/2009 2.000% 4/9/2009 1.750% 1/13/2009 5.000% 12/12/2007 2.650% 1/16/2009 2.550% 12/16/2008 3.050% 3/24/2008 3.250% 3/14/2008 Date of Maturity Amount 6/3/2013 300,000.00 2/26/2014 350,000.00 10/15/2015 300,000.00 12/1512015 500,000.00 12/29/2015 750,000.00 2/26/2016 350,000.00 3/26/2012 500,000.00 11/26/2014 625,000.00 3/10/2014 500,000.00 1/29/2014 200,000.00 4/9/2014 600,000.00 1/13/2012 900,000.00 12/12/2017 300,000.00 10/16/2009 500,000.00 6/18/2009 500,000.00 3/26/2009 750,000.00 3/13/2009 400,000.00 $ 8,325,000.00 � C�o Policy No. 3.27 POLICY - PERSONNEL- PANDEMIC RESPONSE NO. 3.27 DATE April 2009 SOURCE ADMINISTRATION 4 Pages PURPOSE: To establish policy and procedure for city staff response during a Pandemic Event STATEMENT OF POLICY: In the event of a pandemic, and specifically an influenza pandemic, in the City of Hutchinson, the city would declare an "Emergency Declaration" to ensure that all available appropriate resources would be at their disposal during that situation and to document all expenses should the city be eligible for state and federal assistance. • 1. What is Pandemic Influenza? An influenza pandemic occurs when a new influenza virus causes high numbers of illnesses in humans and spreads rapidly throughout the world. Because there is little natural immunity, the disease can spread easily from person to person. According to the Centers for Disease Control and Prevention, a pandemic is a global disease outbreak. A flu pandemic occurs under the following conditions: a. A new influenza virus emerges, against which there is little or no immunity in humans. b. It spreads easily from human to human; and, c. It infects humans and causes severe illness. The avian influenza A (H5N1) virus, often called "bird flu," has caused illness and death among poultry and has caused more than 250 illnesses in humans, as reported by the World Health Organization (WHO). The virus has been found in Asia, Europe and Africa. The swine flu has been making people ill in Mexico and parts of the United States. Both viruses are cause for concern among health officials as a potential pandemic virus. Although the spread of these viruses to human has been limited, should a virus evolve into a strain that could spread efficiently from person to person, a pandemic could ensue. • 2. Maintainina City Government City officials are committed to maintaining a working government should an influenza pandemic occur. Plans and strategies are being developed to ensure continuous operation of City services. City employees (regular full time and regular part time) may be especially concerned �a6 Z) about how a pandemic influenza outbreak could affect their jobs and livelihood. The following information is designed to provide general information on leave and pay options during a pandemic. 3. Work Options Essential / Emergency Employees City employees in the Essential /Emergency service departments that include police, fire, water, wastewater, and other public works departments such as cemetery and streets will be expected to report to work as directed. Absences will only be allowed per the following: 1) the employee's personal illness that may affect other employees, 2) circumstances that will be considered on a case -by -case basis and justify excusing an employee from duty because of an individual hardship or circumstance unique to the employee, and, 3) brief family emergencies. Employees refusing to follow orders may be subject to appropriate discipline, up to and including termination. The City is working to have measures in place to assist these employees to ensure that their families' needs are being adequately addressed to allow them to report to work and to perform their work efficiently and effectively. City employees not normally employed in an essential position but who may have skills and abilities to do so may be required to work in or be assigned to an essential position. • Other Employees Pandemic influenza may cause non - essential employees to be unable to work from their regular location, or they may have obligations outside the office because of a pandemic which might prevent them from reporting to their regular work location. Employees may also be unable to work because they or close family members are ill or contagious, or a decision may be made by City officials to reduce the potential for contact by recommending or directing employees remain at home. One way to slow the spread of disease is to minimize person -to- person contact, known as "social distancing ". Workplaces may provide opportunities for influenza to spread, so in the event of a severe pandemic, City employees who are able to do so may be directed to work from an alternate location, afforded the opportunity to work an alternative schedule, or possibly telecommute (work from home). Alternative work schedules include, but may not be limited to, the following: a. Establishing different start and stop times for regularly scheduled work days b. Establishing different work days in the established work week c. Compressing work schedules( i.e. allowing an employee who normally works five 8 -hour days to work four 10 -hour days in the established workweek) d. Reducing hours Telecommuting opportunities will be considered on a case by case basis and allowed only as determined by the City. • 4. Absences and Accrued Time If an employee or a close family member (spouse, dependent child, parent) becomes ill, the City Personnel Policy — Employee Handbook provides the following options: a. Sick Leave — The current City sick leave policy as included in the City Personnel Policy — Employee Handbook remains in place in the event of a pandemic influenza. Employees may request to use their accrued sick leave for their own illness or to care for a close family member who is ill or receiving medical treatment. Sick leave may also be used if health authorities or a health care provider determine that an employee's exposure to a pandemic influenza virus jeopardizes the health of others by their presence on the job, even if he employee has not fallen ill. b. Vacation Leave /Compensatory Time — Employees have the option of requesting the use of accrued vacation leave and/or compensatory time during a pandemic influenza. This option would most likely be used when an employee anticipates that their available sick leave hours will not cover the anticipated absence due to their own personal illness or that of a close family member. Vacation and compensatory time use will not be granted to employees who are needed at work and who are not ill or caring for a sick close family member. Like sick leave, vacation leave may also be used if health authorities or a health care provider determine that an employee's exposure to a pandemic influenza virus jeopardizes the health of others by their presence on the job, even if he employee has not fallen ill. c. Donated Leave — The current City leave donation policy will remain in place • during a pandemic influenza. d. Family Medical Leave Act — The Family Medical Leave Act gives eligible employees the right to take up to 12 weeks of leave without pay for a serious health condition or to care for a spouse, dependent child, or parent with a serious health condition. City policy requires that employees substitute accrued sick leave and /or vacation leave for the unpaid time. 5. Personal Leave Without Pay If an employee has exhausted his or her available annual or sick leave or other forms of paid time off, he or she may request leave without pay. The City Administrator may grant any regular employee a leave of absence without pay for a period not exceeding 90 days except that the City Administrator may extend such leaves to a maximum period of one year in case the employee is disabled or where extraordinary circumstances, in the City Administrators judgment, such as a pandemic flu event, warrant such extension. No vacation, holiday, sick leave or other benefits, except group insurance coverage, shall accrue during a leave of absence without pay. The eligibility for group insurance during such leave shall be governed by the terms of the policy in force at the time. The City shall not pay any costs of insurance premiums for an employee taking a (personao leave of absence without pay. 6. Lay -Off The City may need to lay -off non - essential employees. These employees may substitute accrued time (vacation /compensatory time) in lieu of unpaid lay -off. • 7. Employee Pa The City is taking steps to ensure there will be no disruptions to the regular issuance of employee pay during a pandemic influenza. Mandatory direct deposit will remain in effect. X L(. n U In the event of a flu outbreak, the City will adhere to the Fair Labor Standards Act regarding overtime compensation. Employees may be required to perform overtime work and the City may discipline an employee for failure to report for scheduled overtime work. 8. Insurance Coveracie and Other Benefits a. Insurance - It is the City's understanding and intention that health, dental, life, and long term disability insurance benefits will continue regardless of the severity of a health crisis. In the event of unpaid FMLA leave or a lay -off, insurance coverage ceases per the existing City plan. Employees may purchase coverage at their own expense per COBRA regulations. b. Flexible Spending Accounts (Health Care and Dependent Care) — The City does not see a need for special procedures for the Flexible Spending Account program at this time. Claims will continue to be submitted to TASC, the City's Flex plan administrator for processing and payment. Due to a pandemic event, there may be a significantly increased number of claims. This may increase the time it takes for claims to be processed and reimbursements to be received. 9. Family Plan City employees are encouraged to have a "family emergency plan" for their residence to • ensure their family has provisions when the employee reports to work during the emergency. • n lJ Pandemic Response Matrix • Threat Level Communications Access to Service City Hall Operations Personnel City Hall Delive Level 1 Use of website and Normal City Normal Service Normal operations Normal working (Low Risk) cable channel to Service Hours Delivery conditions -Fast pandemic flu provide info (proper Emergency team case reported in hygiene, etc.) assembles to review plan US -No reported cases in local communi Level 2 Daily update on Normal City Normal Service Emergency team All employees assess (Moderate Risk) website and cable Service Hours Delivery assembles to implement health/temperature First case reported channel w /precautions for plan before reporting to in region) -Staff instruction on field and public work proper hygiene contact employees p rotocol Level 3 Daily update on All public Limit public contact City Administrator (Medium Risk) website and cable gatherings will be and cancel non- designates "report to First case reported channel reviewed essential meetings work order" for in local community Posted Info at City Hall By Emergency with public ( ?) required staff Director per HR policy Begin phone support to Increase phone and public email usage Level 4 Daily update on City Hall Essential services Essential services from City Hall closed and (High Risk) website and cable Closed to public only — limited public City Hall only — either: Spread of cases channel contact except for communications, Work from home? with community Posted Info at City Hall emergency staff coordination, assist House in place ? emergency staff from Phone support provided City Hall to public Level 5 Current updates and Normal City Determine staffing (recovery) further communication Service Hours needs based upon City Hall opens on services opening returning staff p opulation J f 0 • P Pandemic Response Plan Hutchinson City Center Updated: 3 August 2007 I��a) 0 The Pandemic Response Plan has been developed in response to the following threat: A world -wide pandemic breaks out. Up to '/2 of the population becomes ill and cannot work for at least 2 -3 weeks. Fatalities could number in the thousands in Hutchinson alone. All sectors of civil society are severely affected for up to 10 weeks. Goals • Protect key personnel, so that • Essential services can be provided to the public Essential Services (as a community) • Keep power on • Keep water running (water & sanitary sewer systems) • Maintain law & order • Provide information to the public — maintain calm • Care for the sick • Remove / house deceased • Maintain sanitation / remove garbage (in case Waste Management cannot function) Essential Services — City Center Essential services that City Center must continue to provide are: • • IT / server functions — essential for utilities and emergency services • Communication to the public — instructions / announcements to help maintain law & order • Payroll functions — employee paychecks Staff Needed to provide Essential Services • 1 -T staff to maintain server & computer network • 2 -3 people to answer phones & disseminate information • Payroll • Accounts Payable • Legal • Building security • Others ?? Non - Essential Services (City Center) Services to be shut down in the event of a regional outbreak are: May become essential after • DMV and associated functions • Planning / Zoning / Inspections 3 weeks? • Water Billing and related functions 4 weeks? • Economic Development • • HRA • Engineering Tech/ GIS Our goal is to minimize person -to- person contact as much as possible. 0 Notification / Alert Levels • Emergency Services will be receiving bulletins from the Department of Homeland Security and the National Institute of Health. • The State Department of Health will schedule briefings for local agencies. • County Emergency management will sound the initial notice locally. • The Mayor, City Administrator & Emergency Management Director will lead local decision making • City Council must empower Mayor, City Administrator & Emergency Management Director in advance. • Key decision will be to Implement the Emergency Management Plan • The Emergency Management Director, in consultation with the Mayor & City Administrator, will decide if & when the Emergency Management Plan is implemented. • Police Chief Dan Hatten is the Emergency Management Director • Locally there will be four (4) alert levels. These will be governed by the following events: • Alert Level Trigger Event (s 1 Federal Outbreak anywhere in U.S. or Canada 2 Regional Outbreak anywhere in upper mid -west; defined as the five -state area and Manitoba, plus Ontario, Michigan, Illinois, Missouri, Nebraska, Colorado, Montana or Saskatchewan. 3 State Outbreak anywhere in Minnesota 4 C 1 County Outbreak in Hutchinson / McLeod Coun NOTE: We must assume that the actual virus will be several hundred miles ahead of any news item reporting an outbreak. Because of this, local alert levels and actions to be immediately taken are as follows: Outbreak Alert Level Federal 1 Region 2 State 3 City / 4 County Actions Alert all employees. Move emergency gear & non - perishable supplies into City Center. Have all pandemic preparations completed. Emergency services on standby. Shut down all non - essential services / All meetings canceled / City Center closed. Implement Emergency Management Plan / Curfew? Provide emergency services. PLEASE REFER TO MATRIX ON THE LAST PAGE. u ate) City Center To facilitate the provision of services, City Center personnel will rotate from home as needed to perform their job duties. • Employees will stay at home and rotate in to perform critical job tasks. • Exposure will be limited by bringing in groups only as needed for only a long as needed. (e.g. payroll will come in to an empty building, do what they need to do, then go home; I -T staff will come in to an empty building, take care of their tasks, then go home. etc.) • To the greatest extent possible, work will be done by telephone, intemet and fax. • Shelter in place [NOT FEASABLE) • The option to "shelter in place was examined and found to be impractical. • It was determined that, legally, non - salaried employees are entitled to their full pay and time -anda -half for hours worked over 40 in a week. • Cost prohibitive. Shelter Capability Necessary • It was determined that the capability to shelter in place, for any type of emergency event, was an important asset to have. • To that end, a limited capability to shelter staff in City Center will be established. Public Information Updates will be provided to local media outlets at 4 PM each day To the greatest extent possible • the City will coordinate with the local radio station and TV channel to have pandemic- related information repeated each hour on the hour. • The City's Public Information Officer (city administrator or designated representative) will provide daily information. • Public Information Officer (PIO) will coordinate with emergency services to obtain & provide information. In addition there will be a phone bank at City Center to answer questions for the general public. • Need to insure that everyone is giving out the same information • Need 2417 coverage • Need to prevent general questions from going to 911 Back up power exists for: o Admin area o Planning /Zoning /Engineering H -R Policies Employee Attendance • Many employees may be utilized in areas other then their normal work assignments • Most probably will be working in some capacity for Emergency Services (falling into the category of "other duties as assigned") Refusal to Come to Work • Per existing City Policy Employee Pay • Employees will be paid for work performed, as they are now. • • Employees staying home (voluntarily or directed) will have the option to utilize accrued vacation / comp time / sick time (in that order) Insurance 0 • Per existing City policy. Policies to be Determined [ADDITIONAL DISCUSSION NEEDED] • Any? To Do Create a list of city employees and their capabilities (so we can potentially assign them to other needed tasks) o Implement survey (paycheck stuffer or at safety training) Prepare City Staff • Educate on pandemic / what that means (consider New Orleans as an example) • Human Resources • People can be ordered to stay home without pay • Can & will be ordered to work if needed • Most likely assigned "other duties" • Personnel health assessment • Family preparedness • Financial / food & water / think through plans 0 Capability to Shelter in City Center (short-term, 1 -week) Assumptions • The preparations made to shelter in • Up to 6 people for up to 1 week Basic Needs • Sleeping 0 6 cots place will be an asset in and of themselves. Eating • Hotplate / microwave • Pots/ pans/ Tupperware/ dishes Personal Hygiene o Portable showers (2) — set up in restrooms 0 Items needed to shelter in place (6 people for 1 week) 1. 2 portable showers • Set up in restrooms • $1 DO each $200 2. 6 cots • About $30 each $180 3. Sleeping quarters • Use larger outer unused offices? • Library, staff conference room, copy room ? ?? 4. Personal protective equipment • N95 masks — fire dept. will furnish • Boxes of gloves — usually 2 boxes in stock 1 D - 60,-� i • Eye protection — 4 pairs of goggle type 5. Food $284 • Rations will fall into two categories o Pre - positioned rations (1/2 of supply) (6 people for 7 -10 days) 0 60 servings for $136 (2 meals, 10 days, 6 people for $284) o Food stuffs obtained locally (SAM's Club, etc.) (1/2 of supply — 6 people for 7 -10 days) • Cereals, Oatmeal, powered milk, dry goods, coffee, salt, • Other?? 6. Security & signs • Chain & padlock for front doors? • Local hardware store Phase 2" generator hook -up $2,000 - $2,500 Would permit at least partial building power in the event that Hutchison Utilities experience some power outages. Recovery • "All Clear" will be provided by State Department of Heath (verity this) • Local °AII Clear' will come from Emergency Services & Mayor • Staffing needs will be determined / availability of staff assessed (City Administrator & HR Director) • City Center opens and normal operations resume as soon as it is practical & safe. • Need to prepare for an "echo" outbreak as people begin mingling again... $50 Closed For general information and non - emergency calls phone 587 -5151 In case of emergency call 911 E Is i RESOLUTION NO. 13567 RESOLUTION CONFIRMING THE USE OF HUTCHINSON'S LODGING TAX FOR THE BENEFIT OF THE HUTCHINSON CONVENTION AND VISITORS BUREAU WHEREAS, the City of Hutchinson has in place a lodging tax on hotels, motels and campgrounds within the City; and, WHEREAS, 95% of the proceeds of the lodging tax are currently required by law to be turned over to the Hutchinson Convention and Visitors Bureau; and, WHEREAS, the Hutchinson Convention and Visitors Bureau uses these funds to market and promote tourism and attracting conferences and conventions to the City of Hutchinson; and, WHEREAS, the promotion of the qualities of our city are key to the success of the hospitality businesses in Hutchinson and to attracting people to become residents of our city; and, WHEREAS, the Minnesota legislature is currently considering House File No. 2077, which, if made into law, would allow cities to divert lodging tax proceeds from their respective convention and visitors bureaus to that City's general fund until December 31, 2012, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON THAT in recognition of the importance of the Hutchinson Convention and Visitors Bureau to the businesses in Hutchinson and of its effects in promoting Hutchinson as a tourist, conference and convention destination, and all that the City has to offer, that the City Council will not divert lodging tax proceeds to the general fund even if House File No. 2077 is made into law, but will continue to forward the lodging tax proceeds to the Hutchinson Convention and Visitors Bureau at the current proportion. Adopted by the City Council this 28 day of April 2009. ATTEST: • Steven W. Cook, Mayor Gary D. Plotz, City Administrator 1a(�)