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cp09-25-2007 c . AGENDA REGULAR MEETING - HUTCIllNSON CITY COUNCIL TUESDAY, SEPTEMBER 25,2007 1. CALL TO ORDER-5:30 P.M. 2. INVOCA nON - Father Gerald Meidl, S1. Anastasia Catholic Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF SEPTEMBER II, 2007 Action - Motion to approve as presented 1. 2. 3. . 4. 5. 6. 7. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS PIONEERLAND LIBRARY SYSTEM BOARD MINUTES OF JUNE 21, 2007 BUILDING DEPARTMENT MONTHLY REPORT FOR AUGUST 2007 EDA BOARD MEETING MINUTES OF JULY 27, 2007 HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES OF AUGUST 21,2007 PLANNING COMMISSION MINUTES OF AUGUST 21, 2007 CITY OF HUTCHINSON FINANCIAL REPORT FOR AUGUST 2007 CITY OF HUTCHINSON INVESTMENT REPORT FOR AUGUST 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13270 - RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2. ORDINANCE NO. 07-0471 - AN ORDINANCE AMENDING SECTION 73.15 OF THE HUTCHINSON CITY CODE RELATED TO REGULATIONS OF ALL-TERRAIN VEHICLES (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS I . CONSIDERATION OF VARIANCE TO ALLOW CONSTRUCTION OF A SECOND GARAGE LOCATED AT 331 MONROE STREET SE WITH STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13272) . CITY COUNCIL AGENDA - SEPTEMBER 25, 2007 . 2. CONSIDERATION OF LOT SPLIT AND V ACA TION OF DRAINAGE AND UTILITY EASEMENTS LOCATED AT 330 OTTAWA AVENUE SE WITH STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13273 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0478 FOR OCTOBER 9, 2007) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR CHRIST THE KING LUTHERAN CHURCH ON OCTOBER 7, 2007, AND DECEMBER 1, 2007 (e) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION POST 96 ON OCTOBER 13,2007, AT THE MCLEOD COUNTY FAIRGROUNDS Action - Motion to approve consent agenda 7. PUBLIC HEARINGS - 6:00 P.M. (a) DISCUSSION OF SERVICES PROVIDED BY WASTE MANAGEMENT, CITY OF HUTCHINSON'S REFUSE HAULER No action. 8. COMMUNICATIONS, REOUESTS AND PETITIONS (a) DISCUSSION OF THE EMPLOYEE COMPENSATION PERFORMANCE MATRIX Action - . UNFINISHED BUSINESS ~ NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF PURCHASING 42.87 ACRES IN SECTION 7, TOWNSHIP 116, RANGE 29, IDENTIFIED AS PARCEL NO. 06-0510-0240 AS REQUESTED BY HUTCHINSON AREA HEALTH CARE Action - Motion to reject - Motion to approve (b) CONSIDERATION FOR APPROVAL OF WEB PAGE VIDEO/US CONFERENCE OF MAYORS Action - Motion to reject - Motion to approve (c) CONSIDERATION OF RESOLUTION NO. 13274 PERTAINING TO PERA LEGISLATION FOR HOSPITAL PRIV A TIZA TION Action - Motion to reject - Motion to approve (d) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL BUDGET WORKSHOP FOR OCTOBER 23, 2007, AT 3:30 P.M. Action - Motion to reject - Motion to approve (e) CONSIDERATION FOR APPROVAL OF CHANGING LOCATION OF TRUTH IN TAXATION HEARING ON DECEMBER 3,2007, TO THE HUTCHINSON EVENT CENTER . Action - Motion to reject - Motion to approve 2 CITY COUNCIL AGENDA - SEPTEMBER 25, 2007 11. MISCELLANEOUS ~AlMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13. ADJOURN . . 3 . MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 11, 2007 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Member present were Bill Arndt, Jim Haugen, Casey Stotts, and Kay Peterson. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Seborn, City Attorney. 2. INVOCATION - No Invocation 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF AUGUST 28, 2007 (b) BID OPENING MINUTES OF SEPTEMBER 5,2007 (CUSTOMER ELATION CALL CENTER) Motion by Arndt, second by Stotts, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS I. FIRE DEPARTMENT MONTHLY REPORT FOR AUGUST 2007 . (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13262 - RESOLUTION FOR PURCHASE (COMPOST BAGS AND BIODIESEL) 2. CONSIDERATION OF V ACA TlON OF DRAINAGE AND UTILITY EASEMENTS FOR CHARTER SCHOOL FACILITY IN THE 1-1 (LIGHT INDUSTRIAL) DISTRICT LOCATED AT 1000/1 01 0 5TH A VENUE SOUTHEAST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0472) 3. CONSIDERATION OF ZONING ORDINANCE AMENDMENT REGARDING NON- CONFORMING USES AND STRUCTURES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0468) (c ) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS _ CHANGE ORDER NO. 2 -LETTING NO. 13, PROJECT NO. 06-15 (WASTEWATER TREATMENT FACILITY SCADA SYSTEM) - CHANGE ORDER NO. 4-LETTING NO. 12, PROJECT NO. 06-14 (WASTEWATER TREATMENT F ACILITY ADMINISTRATION BUILDING EXPANSION) . (d) CONSIDERATION FOR APPROVAL OF GENERAL SERVICES AGREEMENT WITH BONESTROO 3),) CITY COUNCIL AGENDA - SEPTEMBER 11, 2007 . (e) APPOINTMENT OF STEVE SHERMAN TO THE POLICE COMMISSION TO MAY 2010 (UNEXPIRED TERM OF TOM SCHWARTZ) Motion by Haugen, second by Peterson, to approve consent agenda with the exception ofItem 6( c) . Motion carried unanimously. 6( c ) Council Member Arndt inquired about the total extra cost. Kent Exner, City Engineer, explained the total extra cost. Council Member Arndt noted that it was not really a change order but just incorporating work. Discussion was held. Motion by Arndt, second by Stotts, to approve Item 6(c). Motion carried unanimously. 7. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13263 - A RESOLUTION GRANTING HOST APPROVAL TO CERTAIN OUTSTANDING GENERAL OBUGA TlON MEDICAL FACILITIES REVENUE BONDS OF THE CITY . Ken Merrill, Finance Director, explained the purpose of the public hearing is to transition the bonds from the City to hospital. The IRS has a requirement that a public hearing be held in order to take the next step. In order for the tax exempt organization to be able to utilize and continue tax exempt status of those bonds, a public hearing is needed. Marc Sebora, City Attorney, explained that it is simple maneuver to allow these bonds to keep their tax exempt status, but in order for the hospital to keep the tax exempt status the City Council needs to give their approval. Mayor Cook noted a correction to the name change of Hutchinson Area Health Care to Hutchinson Health Care. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Stotts, to approve Resolution No. 13263 granting host approval to certain outstanding general obligation to medical facilities revenue bonds of the City. Motion camed unanimously. 8. COMMUNICATIONS, REOUESTS AND PETITIONS (a) WATER PLANT OPERATIONS UPDATE . Randy Devries, Director of Waste Water Treatment Plant, gave a presentation about the sixty water samples taken from homes around Hutchinson. In the past the City has had a problem with copper. The copper level has dropped in one year from 3000 micrograms per liter to 1300 micrograms per liter. Randy Devries, Director of Water/Wastewater, would still like to have an open house at the plant, but there is still piping going on in the plant. The open house could be this fall or next spring. Council Member Peterson would like the open house to be scheduled when the plant is complete. Discussion was held to pick a date tonight or discuss it at a later date. Council Member Arndt inquired whether the water was warmer now than what it was before. Discussion was held on the water temperature difference. Council Member Haugen inquired whether the staff knew where the lead water pipes are located. Randy Devries, Director of W ater/W astewater, explained that there should be no more lead water pipes, and if there are the staff does not know about them, but he is confident that those pipes are gone. Council Member Haugen asked if the sixty samples from homes were taken from allover town. Discussion was held about what homes were chosen for the study. Randy Devries, Director Water/Wastewater, explained that it is called the first draw sample, and it is collected right at the beginning from a collection of homes. 2 6C fA) CITY COUNCIL AGENDA - SEPTEMBER 11, 2007 . Mayor Cook asked to have an update on the bass pond. Wastewater staff will be meeting with Earth Tech on September 27, or the 28, and it is looking positive. (b) DISCUSSION OF CITY COMMERClAUINDUSTRlAL PROPERTY FIRE SAFETY INSPECTION FEE Mayor Cook believes it is in the public's best interest to have the safety inspections. The City is already providing these services but for no charge. ' Council Member Stotts would like to get through the rental inspection program first and then take a look at the fire safety inspections. Council Member Peterson agreed with Council Member Stotts and noted that they are two separate Issues. Marc Sebora, City Attorney, noted that the building department has had a few calls about the process, and also they have had a few meetings to put together an ordinance for the Council's consideration. Council Member Stotts noted that he has received one phone call about the cost of $25.00 per year. Discussion was held. Brad Emans, Fire Chief, explained that they are getting the word out to eliminate the misconceptions. There has been one meeting and there is a lot of input, and they would like to come up with a good proposal for the City Council. Mr. Emans explained that the fue department has been doing commercial inspections since the early 1980's. When the fire department is doing the inspections they are also getting the footprint for those buildings for firefighter safety issues. They hope to have better information and group recommendations to the Council soon. Mr. Emans also ex!?ressed that the City does not want to hire extra staff and the inspections will be handled by current CIty staff. Discussion was held. Council Member Peterson recommended that the staff look at the options and come back to the Council. (c) CONSIDERATION FOR APPROVAL OF SETTING DATE FOR CITY COUNCIL COMMUNITY . VISIONING PROCESS WORKSHOP Mayor Cook noted that November 13,2007, is a regular City Council Meeting. The cost would be $200.00 maximum ($1001 hr). The visioning workshop could begin at 4:00 p.m. and last until the Council meeting. Discussion was held. ' , Council Members Stotts inquired about what benefits the City will acquire by having the workshop. Mayor Cook noted that there are different ways to do a visioning process, and the facilitator would explain VarIOUS options. Also, depending on how the Council would go about it, there could be some training that would be done. Discussion was held. Council Member Stotts' recommendation is that the Council go back to the gentleman that they had a couple of years ago, Doug Peters, and have him come back and the Council will look at those options. Council Member Stotts noted that he would like a process that is consistent. Discussion was held. Council Member Haugen believes that the facilitator from the extension office would be a good investment, and it is not threatening in anyway, but a good opportunity, and that the entire Council needs to be on the same page. Mayor Cook suggested giving the facilitator information that has completed recently, and he noted that this workshop is just a way to get new ideas. Motion by Haugen, second by Stotts, to approve visioning workshop for November 13, 2007, at 4:00 p.m., Motion carried unanimously. . 3 ;:{O\) CITY COUNCIL AGENDA - SEPTEMBER 11, 2007 9. UNFINISHED BUSINESS .(a) CONSIDERATION OF ORDINANCE NO. 07-0471 -AN ORDINANCE AMENDING SECTION 73.15 OF THE HUTCHINSON CITY CODE RELATED TO REGULATIONS OF ALL-TERRAIN VEHICLES (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 25, 2007) Council Member Peterson had a question about the two different classes of ATV's, and also wanted to know if it covered what Council Member Stotts was concerned about. Mayor Cook inquired about referencing the state law, that way the ordinance would automatically update every year if it changes. Discussion was held. Mayor Cook also noted his concern about liability. Council Member Arndt explained that most vehicles are going to have insurance through homeowners' insurance, farm insurance or business insurance. Marc Sebora, City Attorney, noted that people can buy insurance, but generally homeowners' insurance only covers vehicles with 49 cc or less. He noted that there are insurance policies that can be purchased to protect themselves. Discussion was held. Motion by Arndt, second by Stotts, to approve Ordinance No. 07-0471 an ordinance amending Section 73.15 of the Hutchinson City Code related to the regulations of all-terrain vehicles. Roll call vote was taken: Haugen - aye; Arndt - aye; Peterson - aye; Stotts - aye; Cook - nay. Motion 4 to 1. . (b) CONSIDERATION FOR APPROVAL OF TAX INCREMENT ASSISTANCE AGREEMENT DISTRICT NUMBER 7 Ken Merrill, Finance Director, explained that changes were made in the agreement. Ken Merrill also noted one more change that should be made in the 2004 Revenue Bonds, which should read 2003. The agreement continues authorization to pay the tax increments that are captured in District 7 and repay them to the Prince of Peace. It will reimburse them for the expenses that were acquired in the redevelopment of that district. Documents to support the numbers are listed and the District can continue to pay until 2019, which is the official end of the district or until the dollars are all reimbursed to the Prince of Peace. The documents were reviewed by the Board. Diane Gordon, representative of Price of Peace, explained that the Board has a meeting tomorrow, and have checked out the numbers with the executive director. Ms. Gordon also reviewed the documents and has been in communication with Ken Merrill, Finance Director. Motion by Stotts, second by Peterson, to approve Tax Increment Assistance Agreement District Number 7. Motion carried unanimously. 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF AN ORDINANCE APPROVING LEASING OF CERTAIN LAND, BUILDINGS AND OTHER PROPERTY TO HUTCHINSON HEALTH CARE (SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0473) Paul Torgerson, special legal counsel, noted that the final changes have been made, and explained Section 27.3 in the lease. This was the only change that was not describe in the first reading. The lease property may change, so the language in Section 27.3 notes that and the exhibit lists still need to be populated. . Motion by Stotts, second by Peterson, to approve Ordinance No. 07-0473 approving leasing of certain land, 4 qO-) CiTY COUNCIL AGENDA - SEPTEMBER 11, 2007 . . . buildings and other property to the Hutchinson Health Care. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AN ORDINANCE APPROVING THE ARTICLES OF INCORPORATION AND RESTATED BYLAWS OF HUTCHINSON HEALTH CARE (SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0470) Paul Torgerson, special legal counsel, explained that no substantive changes were made other than noted in the first reading. Motion by Stotts, second by Cook, to approve Ordinance No. 07-0470 approving the Articles of Incorporation and Restated Bylaws of Hutchinson Health Care. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF AN ORDINANCE APPROVING THE DEBT SERVICE RESERVE ESCROW AGREEMENT WITH HUTCHISON HEALTH CARE (SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0474) Paul Torgerson, special legal counsel, explained that no substantive changes were made other than noted in the first reading. Motion by Haugen, second by Arndt, to approve Ordinance No. 07 -04 7 4 approving the debt service reserve escrow agreement with the Hutchinson Health Care. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF AN ORDINANCE OUTLINING ATTORNEY SERVICES BETWEEN THE CITY OF HUTCHINSON AND HUTCHINSON HEALTH CARE (SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0476) Paul Torgerson, special legal counsel, explained that no changes were made. Motion by Arndt, second by Haugen, to approve Ordinance No. 07-0476 approving the attorney services between the City of Hutchinson and the Hutchinson Health care. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND HUTCHINSON HEALTH CARE TO DETERMINE THE VALUE OF PROPERTY CURRENTLY USED BY THE HUTCHINSON AREA HEALTH CARE (SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0475) Paul Torgerson, special legal counsel, explained that no substantive changes were made other than noted in the fust reading. Council Member Arndt inquired ifthe ordinance included the new property being acquired. It was noted that this will cover assets in place up to the effective date (December 31, 2007). Discussion was held. Mr. Torgerson expressed his thanks to the City and the hospital for all the hard work. Mary Ellen Wells, President of Hutchinson Area Health Care, thanked everyone for the hard work exerted on this project. The Board is looking forward to the responsibility and wanted to assure the Council and the community that they will not see a difference in care. The change is long term, so they can benefit the community in the long run. They are now a non-profit, but still remain strong ties to the community. Marc Sebora, City Attorney, noted that at the next City Council meeting the Council will consider a resolution involving PERA augmentation rates for hospital employees. Motion by Peterson, second by Haugen, to approve Ordinance No. 07-0475 approving an agreement between the City of Hutchinson and Hutchinson Health Care to determine the value of property currently used by the Hutchinson Area Health Care. Motion carried unanimously. 5 ~~) CiTY COUNC1L AGENDA - SEPTEMBER 11, 2007 . (f) CONSIDERATION FOR APPROVAL OF CALLING FOR SALE OF 2007 GENERAL OBLIGATION IMPROVEMENT BONDS (ADOPT RESOLUTION NO. 13269) Ken Merrill, Finance Director, explained that the resolution is for funding the improvement projects the City has already approved. Steve Apfelbacher and Cathy Cardell, Ehlers & Associates, City's fmancial advisors, presented before the Council. Mr. Apfelbacher explained that the improvement bond resolution that has been prepared is to finance the projects that the Council has already approved. It is a typical issue to secure the fmancing One- third of the $425,000 is retrieved by special assessments and the remaining piece is a levy of about $40,000 per year. He recommends a ten year issue. Ehlers & Associates will prepare the official statement and distribute that to interested investors. October 9, 2007 is the sale date to collect the bids. Discussion was held. Mayor Cook noted that the Council should get together and finish up the bond plan, and that Ken Merrill, Finance Director, should look at a date to finish the bond plan. Discussion was held. Motion by Haugen, second by Peterson, to approve Resolution No. 13269 calling for a sale of2007 general obligation improvement bonds. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF SETTING 2008 PRELIMINARY TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY . Ken Merrill, Finance Director, explained that some language was added to include the calculation of the Hutchinson Redevelopment Authority and levy request the Board has made on the preliminary basis is lower than the number that could be authorized under the statute. The resolution is to set the levy at $116, 252. Also, at one of the workshops before the final adoption, both the Hutchinson Redevelopment Authority and the Economic Development Authority will go before the Council to review the budget for 2008. Mayor Cook inquired if this was a similar amount to last year. Ken Merrill, Finance Director, explained that last year the Hutchinson Redevelopment Authority asked for and received $108,000. This year the amount is roughly $8,000 more. Motion by Haugen, second by Stotts, to approve Resolution No. 13269 setting a preliminary tax levy for a special taxing district Hutchinson Redevelopment Authority. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF SETTING 2008 PRELIMlNAR Y TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY Ken Merrill, Finance Director, explained that the Economic Development Authority calculation that could be requested is $146,000 for 2008. All preliminary levies can be adjusted. Discussion was held. Miles Seppelt, EDA Executive Director, explained that last year when it was initially set up it was set at a certain tax rate of 1.525% and as city tax capacity grew with new projects the City would keep the rate the same and the levy would go up and reflect the increased levy tax capacity. That is what accounts for the increase of $140,000 to $146,000. Motion by Peterson, second by Arndt, to approve Resolution No. 13269 setting 2008 preliminary tax levy for special taxing district Hutchinson EconomIC Development Authority. Motion carried unanimously. (i) CONSIDERATION FOR APPROVAL OF SETTING 2008 PRELIMINARY TAX LEVY FOR CITY OF HUTCHINSON . 6 6(D.-) CiTY COUNCIL AGENDA - SEPTEMBER 11, 2007 . . . Ken Merrill, Finance Director, explained that the goal is to set a preliminary levy for a deficit of$270,000. Mr. Merrill noted that on a sub-agenda, the Wage Committee would report their recommendations. Brenda Ewin~, Human Resource Director, explained the Wage Committee's recommendations. The recommendatIOns on the market adjustinent is to leave it at 2.7% at this time. This rate can also go down before the final budget is adopted. The recommendation on the current compensation plan is to keep the existing matrix until the Council was to approve another study. The recommendation for the performance increase is to use calendar year rather than anniversary year. The dental insurance program will not be seeing an increase in rates, but health insurance is not running well, and the City will be at a maximum increase of 19%. The coverage of 80120 is recommended to stay the same for 2008. The Wage Committee will be doing further research and have recommendations on a short-term disability plan. The Wage Committee will be meeting again to look at the various options and will come back to Council with any changes. Mayor Cook noted that just for reference purposes the information that he submitted to the Wage Committee looked at historical trends of the CPI for national, Midwest, and Minneapolis and the average of all three verses what the City has awarded. Mayor Cook thought there was room for a lower adjustment this year as far as the matrix was concerned. It is basically a longevity increase but based on a little performance. Council Member Peterson explained that the Wage Committee had received Mayor Cook's recommendation but the committee but felt they maybe they would look at it next year, because the committee did not have enough time to do more research. Discussion was held. Ken Merrill, Finance Director, explained that the Wage Committees recommendations are included in the 2008 budget. Ken Merrill explained three different scenarios. Scenario number one would be to levy for $5,605,900. Scenario number two includes the parameter ofLGA loss, $192,000, and the amount that would be levied for would be $5,797,900. Scenario number three would be to levy for the whole $270,000. Ken Merrill, Finance Director, noted that the preliminary levy can not be increased but can only be decreased. Mayor Cook noted that he felt that the average property values that were used were too light. Mayor Cook recommended scenario number one because that was the only one that reduced the tax rate, which the Council has discussed in the past. . Council Member Stotts and Council Member Peterson recommended scenario number two. Both council members noted that things can be cut out of the budget and if they went with scenario one there might not be any room to move. . . Mayor Cook expressed his concern with being serious about decreasing the tax rate. Discussion was held. Motion by Stotts, second by Peterson, to approve setting the preliminary tax levy amount at $5,797,900 for the City of Hutchinson for 2008. Roll call vote was taken: Haugen - aye; Arndt - aye; Peterson -aye; Stotts - aye; Cook - nay. Motion 4 to I. G) CONSIDERATION FOR APPROVAL OF SETTING TRUTH IN TAXATION HEARING DATE FOR DECEMBER 3, 2007, AT 5:00 P.M. AT THE HUTCHINSON EVENT CENTER Ken Merrill, Finance Director, explained that December 3, 2007, and December 10,2007, is reserved for the Truth in Taxation hearing. The earliest it can convene is 5:00 p.m. but it can go later. Mayor Cook inquired about having it in the Council Chambers so it would be able to be televised. Ken Merrill, Finance Director, noted that the second meeting is only if the City would need it, and historically they have not needed a second meeting. Motion by Stotts, second by Arndt, to approve truth in taxation hearing date for December 3, 2007 at 5:00 p.m. at the Hutchinson City Center, MotIon carried unanimously. 7 6CC^ \ CITY COUNCIL AGENDA - SEPTEMBER 11, 2007 . , (k) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR THE EDA CUSTOMER ELATION CALL CENTER Miles Seppelt, EDA Executive Director, explained that the low bid for the call center building was from Ebert Construction, Loretto Minnesota, for $1,738,200. The EDA financial team and board of directors recommend the award go to Ebert Construction. Council Member Arndt inquired about how soon the construction would start. Miles Seppelt, EDA Executive Director, explained the construction would start a week or two after the documents are signed. Discussion was held. Motion by Peterson, second by Stotts, to approve project award for the EDA customer elations call center to Ebert Construction subject to various agreements being entered into. Motion carried unanimously. Miles Seppelt, EDA Executive Director, noted that an RFP was created to go out for bonds to finance the call center project. Staff received three proposals back. One of the proposals that was received was from a company called RBC Capital Markets. They had the most competitive proposal, proposing a twenty year term with a fixed rate of 6.91 % and a 1.25% fees on the bond. It is subject to a little fluctuation. Cathy Cardell, Ehlers & Associates, explained that Ehlers has solicited proposals on a taxable basis and the Cities general obligation improvement bonds shall be tax exempt and the City will then see rates in the 4% range rather than in the 6.91 % range. Miles Seppelt, EDA Executive Director, and EDA financial team and board of directors would like to request permission for RBC Capital Markets to negotiate fmal project fmancing, subject to the company signing a lease agreement, development agreement and a business subsidy agreement. Motion by Stotts, Second by Haugen, to approve negotiations with RBC Capital Markets. Motion carried unanimously. . (I) CONSIDERATION OF SCHEDULING ANNUAL PERFORMANCE REVIEW OF CITY ADMINISTRATOR GARY PLOTZ Motion by Stotts, second by Peterson, to set annual performance review for Gary Plotz on September 25, 2007 at 4:30 p.m. Motion carried unanimously. 11. MISCELLANEOUS (a) CONSIDERATION FOR APPROV AL OF SALE OF SURPLUS VEHICLES . John Olson, Public Works Superintendent, explained that the vehicles that would be auctioned are from the police departinent, and two of the vehicles were handed down to other city departinents. They would like to put the other two in the auction. Mayor Cook inquired about what option is better than the other. Discussion was held. Motion by Stotts, second by Cook, to approve the sale of surplus vehicles. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF THE WATER EMERGENCY AND CONSERVATION PLAN Kent Exner, City Engineer, explained the letter proposing the Water Emergency and Conservation Plan. The City adopted a plan before and would like to consider an updated plan. Mr. Exner would like the information to be analyzed and reported. His recommendation would be to utilize the $6,000, and not to exceed that amount. Mr. Exner also noted that there are funds available. Motion by Stotts, second by Peterson, to approve the Water Emergency and Conservation Plan. Motion carried unanimously. 8 c:3Co- ') CITY COUNCIL AGENDA - SEPTEMBER 11, 2007 . Council Member Arndt would like to thank the Engineering departinent as well as the Street department who have been trying to save the water on South Grade Road. Some leaking problems have occurred. Everyone worked together to try and get a project done. He hopes they can succeed in keeping some water there. Kent Exner, City Engineer, explained what had been done to create a temporary dam. After the weekend the dam had to be removed. Discussion was held. Council Member Stotts wanted to bring the Retirement Sick Leave Policy survey to the attention of the Council. Gary Plotz, City Administrator, explained that there are two separate retirement sick plans. Brenda Ewing, Human Resources Director, explained that the fIrst type of retirement sick plan is if an employee is going to receive PERA, the City will payout 1/3 of any sick-hours they have over 240 hours. The second option is for an existing employee when they reach a maximum accrual of no sick hours. They will start the year off with no hours and will continue to earn 96 hours a year. The employee will be paId 1/3 of their sick hours over 720 hours that they may not use in that calendar year. Council Member Stotts would like to make sure that we are not falling behind and would like to make sure the employees are being treated fairly. Gary Plotz, City Administrator, wanted to remind the community about the City Recognition event coming up on September 20,2007 at 5:30 p.m. Kent Exner, City Engineer, reminded people that the Crow River's annual meeting is on September 13,2007 at 7:00 p.m. and the annual cleanup is schedule September 15,2007. Motion by Arndt, second by Peterson, to approve the Crow River meeting on September 13,2007 at 7:00 p.m. MotIon carried unanimously. Kent Exner, City Engineer, explained that Friday September 28, 2007 Hwy 7 will open, and there will be a similar celebratIOn to the one this past fall for the opening. . 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS . Motion by Peterson, second by Cook, to approve claims, appropriations and contract payments. Motion carried unanimously. 13. ADJOURN . Motion by Arndt, second by Cook, to adjourn at 7:53 p.m. Motion carried unanimously. 9 setA) . . . Pioneerland Library System Board June 21, 2007 Meeting Minntes The June 21, 2007, meeting of the Pioneerland Library System Board was called to order by Chair Paul Setzepfandt at 7:30 p.m. in the Willmar Public Library meeting room. Roll call was taken; a quorum was announced. Guests: Librarians Sheila Bosch and Mary Henke Motion, Wangerin; second, Reigstad to approve the agenda with changes. Motion carried. Motion, Wangerin; second, Overlander to approve the May Board minutes. Motion carried. FINANCE COMMITTEE February Financial Report - motion to accept by Wangerin, second by Schweiss; motion carried. See attached Approval of BiDs and check registers - motion to accept by Wangerin, second by Overlander; motion carried. See attached. 2008 Budget - City and county approval ofPLS budget won't be known until after the December "Truth and Taxation" hearings. Following the hearings, the board will adopt the final 2008 budget at the January 2008 board meeting. Motion from Wangerin and second from Wilde to accept. Motion carried. Opposed: Falk. Pay grade for Librarian IV - Motion to set Librarian pay grade at 7 from Wangerin; second from McKim. Motion carried. Mardag extension - In its May 15, 2007 letter, the Mardag Foundation approved extending PLS's grant period to December 31,201 I. The extension will allow PLS to lease the Rosetta Stone Language Learning Software through 20 II and pay for related expenses. In the May 15th letter, Mardag Administrative Director, John G. Couchman wrote, "the board also reviewed your final report and the final evaluation report prepared by Patricia Kovel-Jarboe and is extremely pleased with the results ofthe project." Motion to accept the extension from Wilde; second by Reckdahl. Motion carried. RLBSS Grant Application - Motion from Wangerin to approve the FY '08 application for the amount of $366, 134. Second from McKim. Motion carried. Delivery Contract - PLS is looking at its current delivery contract with Northern Network Express Since July 1,2005, PLS has had a contract with this firm for twice-a- week delivery. PLS is looking into the possibility of expanding services to 3 days a week which is the minimum amount recommended by the Minnesota Library Community. PLS is also looking at adding holiday delivery. Information only l(o.j \ . . . Pay Equity - On June 8th, Pioneerland administration learned that it is in compliance with pay equity requirements. Every three years, PLS must submit a pay equity report to the state. Director and Officer Errors and Omissions Three firms submitted bids. All bids are annual costs. Great American (pLS current carrier) $2,224 ($2,193 last year) No more applications. . Defense costs are above the $1,000,000 limits USLl $4,700 and need additional applications State National $2,250 but defense costs are within the $1,000,000. It was the recommendation of our Insurance agent to accept the Great American bid. Motion to accept Great American's bid from Wangerin; second from Overlander; motion carried . State Aid - Prior to the meeting, Director Houlahan gave board members a handout entitled, "Pioneerland Library System State Aid: Funding Needs." See attachment. PERSONNEL New hires: Raquel Morales, Assistant II and Tiffany Liebl, Assistant I Motion to approve from Reigstad and second from Falk. Motion carried. Job Descriptions - PLS Personnel Committee has begun reviewing and updating PLS administrative departments' job description. After completing this administrative review, the committee will address other non-admin job descriptions. Next meeting is July 5th. Sick Leave (non-union) retirement policy - Use of sick leave for non-union employees received its first reading at the May board meeting. The policy states that, ''Upon retirement, if sick leave funds are less than $500, the employee would have the choice of a payout or putting the amount into a medical savings account. Motion to approve from Reigstad; second from Schweiss; motion carried. Strategic Plan - The Strategic Planning Committee will be seeking board approval for a three- year strategic planning document. PLS needs to submit such a plan to the State by July I. However, the State will accept changes to the plan until the end of this year. Motion from J. Sandberg ro Stlbmit the current draft to the state. Second from Reigstad. Motion carried. Collection Development - second reading of the Collection Development plan. Motion to accept from Dille; second from McKim. Motion carried. PSP Committee - At the recommendation of the PSP Steering committee, SAMMIE's governing board has made the commitment to take the lead role in the PSP cooperative project on teen services in the SAMMIE region of Plum Creek and PLS. SAMMIE is asking that Plum Creek and PLS approve statements of intent to cooperate with SMD.1IE on this project. Motion from J. Sandberg and second from McKim to approve a statement of intent to cooperate. Motion carried. 1t;(Oc ':; \ . . . Chair Setzepfandt commended Jack Sandberg for the great job he did on the PSP committee. Technology Plan - second reading. Motion by Dille to approve, second from Reigstad. Motion carried. Opposed: Skaret. Library Size - Previously, there was a question regarding the various classes ofPLS libraries. Director Houlahan described the handout. See attached. Information only. The next two meetings are ExecutivelFinance. The board requests information to be mailed to all members. Falk requested looking into ways to cut costs and raise money in the libraries. Motion from Reigstad to adjourn at 8: 15. Second from Brown. Motion carried. Stephanie Williams Recording Secretary (jJ[o.'j\ ('fIT\' OF HlIT('iHINSON (.OlJNrr 0." BUILD1NGIPLU-M'BlNG/i\[ECH_4~]'CAL PERiVI1TS ISSlJED Al\TD \' ALt.;A l~lON - r; - ( ~ ~ AU2ust 2007 No. of Permits Valuation Accessory Bldgs 5 '10,000 Basement f'inish 1 C.ommercial - Ne\\' 1 464JOOO C onnnercialAdditionlRc nlod e 1 9 236,500 Deck 1 I Driv,eway - Residential 2 Fence 7 Manufactured Schoo 1 Roonl 1 Miscellaneous 1 1 5 tOaD Porch- Residential 1 7,000 R.eshin,2:1e - Residential 13 R.esidential Additi onIRepaj r IR emodel 4 120)000 Reside - Residential 4 Single Family 6 942)000 To,vnhouse Unit 2 284~OOO \Vindo,vReplacement - Re si dential 5 Mechanical 21 1 12,)300 Plumb.ing 18 Sig_" J 9 Fire Sprinkling 1 1 1:960 TOT...I\L PERMITS ISS.UE,D ..t\ND V~~U.4.TION t 132 2,182,760 -,- .' ~::; :- "".1>- '''- . . - FQf cornparison - Augyst 2006 ~ 178 l" -r.,!- .53~66,764 """ -. WID (J) ( ti-) r"J-, . . . EDA Board Meeting Minutes of Meeting Friday, July 27th 2007 Members present in bold print: Members: Tim Ulrich Duane Hoversten Steve Jansick Casey Stotts Jim Haugen Mike McGraw Diane Gordon Bill Corby Staff: Miles SeppeIt, EDA Director Shan Ghimire, EDA Assistant Ken Merrill, Finance Director I. Mr. Ulrich called the meeting to order at 7:05 a.m. II. Approve Agenda: No action. III. Review and Approve Meeting Minutes: a. Minutes of May 16th Finance Team Meeting and the notes from the June 20th meeting. M/SIP: HovertsonlGordon to pass May 16th Finance Team minutes and the notes from June 20th meeting. Approved unanimously. b. June 29th EDA Board Meeting M/SIP: GordonlHaugen to pass June 29th EDA Board minutes. Approved unanimously. IV. Review June 2007 Financial Statements Mr. Merrill gave the following report: . For operations we have cash available of $124,019 - this is different from the May 31st balance of $212,851 because of adjustments being made dating back to December 31 st . Also in operations we have $56,736 remaining from the proceeds of the Warrior land sale of 2005. . In June the EDA received its first levy dollars: $64,946. In addition we had $500 in rental revenue from the Wetherell property. . Expenditures were just the typical items; "Professional Services" was higher due to payments to SEH for their work on the industrial park feasibility study. . In addition, $3,950 was paid for our membership in the Community Venture Network (CVN) and this is reflected in "Dues & Subscriptions." lo(tft.)3 . . . . Also $4,557 in improvements were made to the Wetherell lot - where the Call Center is to be located. This is shown in "Improvements to Land." . For the month total expenditures were $19,565. . We have a total of $129,305 in cash available Economic Development Loan Fund with one outstanding loan (to Ashwill Industries) which is performing as required. , . The Downtown Loan Fund has $510,904 in cash available with mortgages totaling $715,779. . Thus far in 2007, we have made loans totaling $136,400 and grants totaling $31,694 in the downtown. It was mentioned that once Customer Elation and Warrior manufacturing fulfill their obligation, EDA will be receiving $100,000 back from the grants made available to them. Further discussion was to throw some infrastructure in 77 acre industrial park from that repayment. M/S/P: Haugen, Hoversten to approve [mancials for June 2007. Passed Unanimously V. Director's Report a. Cornerstone Commons - They should be paying back the loan soon. - American Pastime BBQ is planning to be open by Wednesday. - S nap Fitness is expanding the facility towards the north end of the building - They are working on individual office suites in the west end of the building b. Warrior manufacturing Mr. Miles noted that he toured the production facility. They are already into production; however, offices are yet to be done. He also mentioned that we could throw a Board Meeting at the facility later this year once the offices are done. c. Nordic Components I Spec Building Mr. Miles is regularly chatting with Nordic components to move the project a head d. Family Video They should be working on Hutchinson project once they are [mished with their store in New Ulm. e. Industrial Park Design Mr. Miles is meeting with city engineer and neighbor. He also talked with 3M about running services straight through the west of the industrial park. f. Midwest Tool Grinding They are very interested in Cenex Site. They have not decided whether they will be renting Spec Building Site. g. Cenex Redevelopment Project Phase II environmental inspection report should be ready by following week. Mr. Miles is working with Mr. Sebora to put a purchase agreement (0(0.,)3 . . . together. He also noted the structure of financing for this project. The proposed structure is as follows: - $150,000 to be invested from Downtown Development Fund and - $150,000 from City Development Fund - $200,000 will be paid at signing of Purchase Agreement - $99,999 on January 1st, 2008 - $1 at closing While repaying, Downtown Development Fund will be paid back first and the City Development fund will be paid later. M/S/P: Hoversten, Gordon to move with proposed funding structure. Passed Unanimously VI. Structure of Customer Elation Deal Mr. Seppelt provided an update on the Customer Elation Deal. As per the plan, the EDA would own the call center building and lease it to the City. The City would then sub-lease the building back to the EDA, which in turn would sub-lease it to the company. The purpose of this arrangement is to get the City into the equation, as it will be the city's credit rating that the bond-holders will be looking at. The city leasing the facility provides much more fmancial strength for the deal, whereas having just the company & EDA involved would not interest bond holders. Current plan will have a 5-year lease with the company; however, most of the board members thought that the agreement should be lengthened for more than five years. M/S/P: Gordon, Haugen to recommend at least 8 year agreement in exchange of personal agreement. Passed unanimously. VII. EDAlSpec Building - Nordic Components Mr. Seppelt provided a preliminary funding option for Spec Building. Nordic Components is proposing to fund about $520,000 while $835,000 would come through TIF bond. Also, $200,000 could be used from Economic Development TIF District. VIII. Grants & Loan Applications Downtown Revolvine: Loan Fund 10 Main Street - McKraut Holdings (Gus Wurdell) $35,000 The board wanted to make sure that the total outstanding obligation secured by the property is less than 100% of the assessor's estimated market value. So, the application will be tabled in next meeting or will go through e-mail voting, jfneed be. IX. Funding Request - Southwest Initiative Foundation Tabled for next meeting. X. Other Business The board was informed that Mr. Seppelt is going to be on vacation between August 17 and August 30th, 2007. (P(6\ ')'3 . . . XI. Chamber Update a. Chamber has received a state grant for tourism development. They are working on bringing other cities together, including Litchfield aIid Glencoe, to form a group. b. CVB is working on organizing a 'lady's night' probably in November. c. Arts and Crafts Festival is on September 14th and 15th. xn. Set next meeting The next meeting will be Friday, September 7, 2007 at 7:00 am in the City Center Main Conference Room. XIII. Adjourn The meeting adjourned at 8:31 a.m. Respectfully submitted, Shan Ghimire, EDA Assistant (0 (CA'53 . ~n~ Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, August 21,2007,7:00 AM Minutes . 1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Becky Felling, LaVonne Hansen, Ruth Kimball and Joel Kraft. Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON JULY 17, 2007 Joel Kraft moved to approve the Minutes as written. LaVonne Hansen seconded and the motion carried unanimously. 3. FINANCIAL REPORTS Becky Felling moved to approve the Financials Reports. Ruth Kimball seconded and the motion carried unanimously. 4. PARK. TOWERS a. Jean Ward reviewed with the Board the draft 2008 Park Towers Budget. b. Jean Ward updated the Board on the progress of the Cingular Cell Tower. The crane will be coming on the 220d to put construction equipment on the roof. c. Jean Ward gave the Board an update on the replacement of the boiler controls. d. Jean Ward reviewed with the Board the Memorandum on the 2008 Flat Rent Proposal. Joel Kraft moved to approve the revised Resident Handbook. Ruth Kimball seconded and the motion carried unanimously. .5. FRANKLIN GROVE EXPANDED REHAB PROJECT UPDATE a. Judy Flemming updated the Board on the following EFG Loans: - Meece Loan #8682: loan amount $12,318 plus CO#I for $312 _ . Schuette Loan #8683: loan amount $6,689 and Loan #CR8683: loan amount $4,460 - Koeppen Loan #8684: loan amount $14,185 b. Becky Felling moved to approve EFG Watzke Loan #8685: loan amount $9,437. Ruth Kimball seconded and the motion carried unanimously. c. Becky Felling moved to approve EFG and City Revolving Loans for the Schmeling Loan #8686 with an estimated project cost of around $35,200 contingent to Loan Review Committee's approval. Ruth Kimball seconded and the motion carried unanimously. d. Consideration to approve EFG Loan #8687 for Christensen Loan is tabled until next months meeting. 6. UPDATE ON THE SCHOOL CONSTRUCTlON HOUSE a. Jean Ward updated the Board on last years school construction house. b. Judy Flemming reviewed with the Board the progress of the 2007/2008 School Construction House. 7. PUBLIC HEARING FOR THE AGENCY ANNUAL PLAN a. Chairman Casey Stotts opened the public hearing at 7:30 AM. b. Jean Ward reviewed with the Board the plan. c. Joel Kraft moved to approve Resolution #07-05 Approving 2008 Annual Plan. LaVonne Hansen seconded and the motion passed unanimously. . August 21,2007 Minutes Page I of2 wC 0. ~ . 8. 310 HURON REDEVELOPMENT Jean Ward reviewed with the Board an estimated budget for the project. She recommended seeing if Habitat for Humanity would be interested in the land. Casey Stotts wondered if the HRA could work with the EDA on this project. Maybe the EDA could be involved in the purchase of the land and the clean up. 9. HHPOP/CASA UPDATE Judy Flemming updated the Board on the CASA Workforce Initiative Loans: - New Construction Loan, Matthew Liepke closed 7/31/2007 - Existing Home Loan, Sandra Karg's file reviewed and approved by the Loan Review Committee will be closing 9/14/2007. 10. COMMUNICATIONS Jean Ward informed the Board that HUD approved the HRA audit. 11. ADJOURNMENT There being no other business, Chairman Casey Stotts declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director h ~ ~ ~ Becky F#lng, Secretary/Treasurer v . . August 21, 2007 Minutes Page 2 of2 we A)~ . MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,August21,2007 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Lynn Otteson at 5:30 p.m. with the following members present: Farid Currimbhoy, Chris Kovacic, Christie Rock, John Lofdahl (5:40 p.m.), Jim Haugen and Chairman Otteson. Absent: Mike Flaata Also present: Rebecca Bowers, Planning Director, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated July 17, 2007 Mr.Haugen moved to approve the consent agenda as submitted. Seconded by Ms Rock, the consent agenda was approved unanimously 4. PUBLIC HEARINGS . a) CONDITIONAL USE PERMIT TO MOVE A HOUSE AND GARAGE TO 165-5TH AVE. NW. REQUESTED BY PAUL AND ROSE BOLDUC Chairman Otteson opened the hearing at 5:32 p.m. with the reading of publication #7605 as published in the Hutchinson Leader on August 9, 2007. Ms. Rock abstained from the discussion and voting. Ms. Bowers commented on the request and explained the need for a conditional use permit when moving a house to a platted lot within city limits. She commented on the large easement area and drainage concerns in the area. She stated the setbacks will be met as shown in the survey. She reported staff have met with the applicants and the excavator/contractor. She commented on the staff conditions and recommendations as follows: . 1. A pre-move inspection of the house and garage by the Building Department is required prior to moving any structures onto the site. All required work must be completed before a certificate of occupancy will be issued. 2. Approval of a moving permit is required prior to moving any structures. The applicant shall comply with Section 150.20 of the City Code regulating the moving of buildings, including details on the dates of moving, hours, rerouting, movement, parking, and appropriate fees. ~~J6 Minutes Planning Commission - August 21, 2007 Page 2 3. . 4. 5. 6. 7. . . The property must comply with the standards of the R2 (Single and Two family residential) zoning district. No variances are granted or implied. The lowest building opening must be at or above 1071 feet, to allow an elevation at least 2 feet above the pond elevation, which is planned to be approximately 1069 feet. Building Department approval of the fill and building pad is required prior to construction. Soil correction may be needed to provide a suitable building pad. Structures must be placed on suitable fill. Existing fill located on the site cannot be used for building area. The property owners are advised that the subject property and surrounding properties have had drainage issues in the past. Construction of the stormwater pond on site is proposed to provide storage of stormwater and the site is likely to have standing water on site. 8. No structures, grading or fill will be allowed in the drainage and utility easement. All construction work, including grading and sloping, must be done outside of the easement area. 9. Property owners are responsible for all labor and material costs if needed for moving overhead lines or other utilities during and after the house move. Discussion followed on the assessments for the trees and SACMlAC fees. Ms. Bowers stated this is a legal lot which was platted many years ago and there will be no tree or park dedication fees. She reported SACMlAC is charged with the building permit. There was discussion on the large amount of soil corrections needed for the site. There will be no room to pile the excess dirt for soil correction on the site. There were comments from adjacent property owners with questions and concerns over drainage in the area. The area has long term issues with drainage and standing water. Staff stated that the pond to be constructed will provide stormwater holding capacity and that the new structure will be required to have all building openings two feet higher than the pond elevation. Another neighbor asked why another pond was needed and didn't feel that drainage was enough of a problem to construct another pond in the city. Discussion continued on stormwater drainage and the functions of holding ponds. The applicant clarified that he would build a garage on site. instead of moving a garage to the property. Also discussed were the elevations of adjacent property compared to the subject site and pond. Staff stated that a large amount of fill would need to be removed from the site and that no stockpiling or grading will be allowed within the easement area. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 5:54 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. After loC ~)s Minutes Planning Commission - August 21, 2007 Page 3 . expressing caution to the applicants regarding drainage and fill issues on the site the motion was seconded by Mr. Kovacic. The motion carried with Ms. Rock abstaining. Ms. Otteson stated this item will be placed on the City Council consent agenda at their meeting held August 28, 2007, in the Council Chambers at 5:30 p.m. b) CONDITIONAL USE PERMIT, SITE PLAN, AND VACATION OF EASEMENTS TO AllOW A CHARTER SCHOOL IN THE 1-1 (LIGHT INDUSTRIAL) DISTRICT AT 1000/1010 5TH AVE S.E. Chairman Otteson opened the hearing at 5:56 p.m. with the reading of publication #7605 as published in the Hutchinson leader on August 9, 2007. Ms. Bowers explained the components to the application. She stated the ordinance was amended last month to allow schools in the 1-1 District. She explained the location of the proposed school. She explained the two parcels must be consolidated and a vacation of the easements must be given. She commented on the request and the following standards for a conditional use permit as follows: (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; 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 The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in a=rdance with the applicable district regulations. . (b) (c) Ms. Bowers stated that stormwater and drainage plans were recently provided and have not been reviewed by the City Engineer. The revised plans were provided after the staff report was written for the site plan, building elevation, and floor plans. The revised floor plan identifies a 2- foot larger building than shown on the site plan, which will need to be revised to show the side yard and parking setbacks would still be met. Several changes to the drive-aisles, parking and drop-off areas recommended at the one-stop shop have been incorporated Into the revised site plan, however will require additional review and approval by the City Engineer. The landscape plan has not been finalized as the school wants to work with the City Forester to develop the plan as a leaming exercise for students. The Commission recommended the required landscaping and buffering be completed by November 2008. . ~CtAYS Minutes Planning Commission - August 21, 2007 Page 4 . Ms. Bowers stated the main issues have been addressed and commented on the following staff recommendations noting number 10 must be completed by the Commisisoners: . 1. The proposed building and site improvements must comply with the standards of the 1-1 district and the Zoning Ordinance. subject to the conditions stated. No variances are granted or implied. 2. Stormwater calculations and plans must be submitted and approved by the City Engineer prior to any construction on site. 3. A private easement will be required from the property to the west for the benefit of the subject property and the EDA site to the east to allow a drainage swale or stormwater pipe to be constructed to direct drainage to the regional pond. The applicant will be responsible for preparing and obtaining the necessary easements. 4. City Engineer's approval of the final construction plans is required prior to any excavation, grading, or construction on site. 5. Review and approval by the City Engineer and Planning Director of the final parking arrangement and site circulation is required prior to construction. 6. The applicant should be aware that unusual pedestrian crossings, reduced speed signs or special turning lanes are not recommended due to the industrial uses in the area and truck traffic on 5th Avenue. 7. The two parcels must be tax combined at the County prior to approval of the building permit for construction of the building. 8. Sign permits are required prior to installation of the sign age. 9. SACfWAC fee in the amount of $47,200 (16 units x $2,950) will be due at the time of building permit. 10. Landscape plan must be reviewed and approved by the City Forester. Landscaping shall be completed by 2008. 11. Details on the fence construction and approval of a fence permit are required prior to construction. 12. Exterior lighting must be shielded and shall not cause glare to adjacent properties. There were several comments from the public in addition to representatives from the Charter school and investors. Representatives of Hutchinson Co-op expressed concerns about their business next to a school, stating the nature of their business is noisy and dusty, with heavy truck and farm traffic. He said that they would not be the best neighbor to a school. Another Co-op representative questioned how the school would affect the future development of the Industrial park, particularly the Stritesky property to the south. . The applicants stated they understand the potential issues with operating in an industrial area and that Hutchinson residents are used to rural businesses with the associated smells, dust, noise, etc. They will try to be a reasonable neighbor with the industry near them and will work with the Coop to identify the issues and develop plans to deal with challenges. (Q C~)6 . . . Mi n utes Planning Commission - August 21, 2007 Page 5 Traffic levels were also discussed in comparison to other areas with schools, such as School Road. The applicants stated they would not encourage children to walk or bike to school unless there was a dedicated safe route. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Lofdahl the hearing closed at 6:32 p.m. Discussion followed on the recommendation regarding landscaping to be completed by November 2008. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations including 1-13 on the draft resolution noting the verbage "required landscaping and buffering be completed by November, 2008". Seconded by Mr. Haugen, the motion carried with Ms. Rock abstaining from the vote. Mr. Haugen made a motion to recommend approval of the ordinance to vacate drainage and utility easements between the lots to be developed. Seconded by Mr. Currimbhoy, the motion carried with Ms. Rock abstaining from the vote. Ms. Otteson stated this item will be placed on the City COuncil agenda at their meeting held August 28,2007, in the Council Chambers at 5:30 p.m. c) ZONING ORDINANCE AMENDMENT CONFORMING USES AND STRUCTURES REGARDING NON- Chairman Otteson opened the hearing at 6:41 p.m. with the reading of publication #7605 as published in the Hutchinson Leader on August 9, 2007. Ms. Bowers explained the change is a State requirement. This ordinance will bring the City into compliance. The change is beneficial to property owners and mortgage companies. Discussion followed on the changes. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Kovacic the hearing closed at 6:45 p.m. Mr. Lofdahl made a motion to recommend approval of the request. Seconded by Mr. Currimbhoy, the motion carried unanimously. The item will be placed on the City COuncil consent agenda at their meeting held August 28, 2007. 5. NEW BUSINESS 6. OLD BUSINESS a) LOT SPLIT AT 1316 DELAWARE STREET NW. (TABLED FROM PREVIOUS MEETING) Ms. Bowers explained the item was tabled at the July 17th meeting in order for the applicant to provide additional information discussed by the COmmissioners at length. She commented on the staff recommendations as follows: 0(0-]6 Minutes Planning Commission - August 21, 2007 Page 6 . 1. 2. 3. 4. 5. 6. 7. 8. 9. . . Construction on both lots shall comply with the shoreland district and requirements of the R-2 Zoning district. No variances are granted or implied. Lot split shall be recorded at the County prior to issuance of any building permit. Impervious surface shall not exceed 25% on either lot. A survey documenting all impervious surface coverage will be required prior to issuance of any building permit. The area containing Delaware Street from Hwy 7, including Outlot A, shall either be deeded to the City or Riverside Addition be replatted to show appropriate right of way for a public street. SACIW AC fees in the amount of $2,950 must be paid at the time of building permit. Park fees in the amount of $175 must be paid at the time of building permit. Tree fees in the amount of $400 (2 trees per lot x $200) must be paid at the time of building permit Moving or removing of any utility services, if necessary, will be at property owner's expense. The properly owners are responsible for updating and recording their properly deeds and survey at McLeod County prior to submitting a building permit for the new lot. Discussion followed regarding the drawing provided by Mr. Cote showing an example of the proposed post and girder construction to elevate the home out of the 100 year flood plain. Mr. Cote did not attend the meeting, however provided a drawing as an example. If the lot split is approved, he will need to hire an architect and engineer to design the structure to meet requirements. He also provided the proposed impervious surface coverage on the lot, which would be approximately 24% and would meet the 25% maximum allowed. The Commission discussed whether the lot split should be allowed with the detached garage on the new lot. The detached garage is considered non-conforming as it does not meet the 50' structure setback required in the shoreland district ordinance. Additionally, accessory buildings are not allowed without the house as a primary structure. The Commission also discussed previous problems in allowing a lot split with an accessory building on a lot, in which no home was later constructed on the lot. Additional discussion occurred on requiring the garage to be removed prior to the lot split being approved and recorded at the County. The Commission stated that removing the nonconforming garage should be required as a condition of approving the lot split for the new home. A larger attached garage could also be constructed by the applicant if needed. Also discussed was the recommendation for denial by the DNR and whether the city should allow the creation of new residential lots and homes to be built within the 100 year flood plain. The Commission also discussed if there was any regulations to preserve views of the lake. (Q C C\.JS . . . Minutes Planning Commission - August 21, 2007 Page 7 Staff stated there is a 25' building height maximum allowed in the shoreland district, but no other regulations to preserve views. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations adding condition number 10 "The applicant shall remove the detached garage from the proposed new lot prior to recording the lot division at McLeod County and prior to submitting a building pennit for the new lot." Seconded by Ms. Rock, the motion carried unanimously. This item will be placed on the City Council agenda at their meeting held August 28,2007. b) HIGHWAY 7 CORRIDOR STUDY UPDATE. SET JOINT CITY COUNCIL AND PLANNING COMMISSION WORKSHOP FOR OCTOBER 9 AT 4:00 P.M. TO DISCUSS PROGRESS ON STUDY Ms. Bowers updated the commissioners on the progress of the committee and asked if they could meet with the consultants and the City Council on October 9th at 4:00 p.m. The Planning Commissioners are in favor of the meeting. 7. COMMUNICATION FROM STAFF Ms. Bowers stated the MnAPA Conference is Sept 26 - 28 and there is money available for two Commissioners to attend this year. After discussion, Mr. Currimbhoy and Mr. Lofdahl agreed to attend. Ms. Baumetz will make the reservations next week. 8. ADJOURNMENT There being no further business the meeting adjourned at 7:06 p.m. (oC 0Ic~ 5 2007 errv OF HUTCHINSON FINANCIAL REPORT AUGUST 2006 2007 2007 2007 2lI07 AUGUST REVENUE REPORT - GENERAL AUGUST AUGUST YEAR TO ADOPTED BALANCE PERCENTAGE YTD MONTH DATE ACTUAL BUDGET REMAINING USED .AXES 1.753,055.89 2.51 1,787.041.06 3.800.665.00 2.013.623.94 47.02% LICENSES 38,012.50 (21.96) 38.081.12 48,400.00 10.318.88 78.68% PERMITS AND FEES 304,738.43 32,168.37 212.165.80 320,70000 108.534.20 68.18% INTERGOVERNMENTAL REVENUE 1,372,968.87 31,799.70 158,432.12 2,764,451.00 2,606,018.88 5.73% CHARGES FOR SERVICES 872,489.29 87,119.73 903,095.14 1.690,312.00 787,216.86 53.43% FINES & FORFEITS 31,198.59 4.535.03 32.800.71 68,000.00 35,199.29 48.24% INTEREST (6,219.73) 200.25 (10.440.57) 70,000.00 80.440.S7 -14.92% REIMBURSEMENTS 155,972.18 113,795.76 268,227.44 290,118.00 . 23,888.56 91.77% TRANSFERS 550,459.62 7,53879 . 569.049.78 1.673,100.00 1,104,050.22 34.01% SURCHARGES - BLDG PERMITS 3,781.81 . . _ 1,138.90 3.644.86 500.00 (3,144.86) TOTAL 5.076,453.45 278,27708 3.960.097.46 10.726,244.00. 6.766,146.54 36.92% 2007 CITY OF HUTCHINSON FINANCIAL REPORT AUGUST 2006 2007 2007 2007 2007 AUGUST EXPENSE REPORT - GENERAL AUGUST AUGUST YEAR TO ADOPTED BALANCE PERCENTAGE YTD. MONTH DATE ACTUAL BUDGET REMAINING USED 001 MAYOR & CITY COUNCIL 41.427.83 2,741.15 44,591.51 60,198.00 . 15.606.49 74.07% 002 CITY ADMINISTRATOR 188,071.86 : 27.686.96 . 221,835.12 341,142.00. 119,306.88 65.03% 003 ELECTIONS 8.577.71 , 715.40 2,375.00 1,659.60 30.12% 004 FINANCE DEPARTMENT 287,750.13. 60.924.53 373.236.89 584,932.00 211,695.11 63.81% 005 MOTOR VEHICLE 133,040.36 : 15.63.0.14 136.300.54 201,825.00 . 65,524.46 67.53% , 006 ASSESSING 51,640.00 ' 51.840.00 0.00% 007 LEGAL 121.567.67 16,643.04 122.772.51 . 201,734.00 , 78.961.49 60.86% 008 PLANNING 102.651.96 14,132.39 110.206.85 178,910.00 68,703.15 61.60% 009 INFORMATION SERVICES 137.241.29 22,560.05 162.922.80 260,503.00 97,580.20 62.54% .110 POLICE DEPARTMENT 1,755.985.32 260,295.04 1,855.171.79 2,919,593.00 1,064,421.21 63.54% 115 EMERGENCY MANAGEMENT 8.813.29 6,976.72 17.956.42 19,00000 1,043.58 94.51% 116 SAFETY COMMITTEE 11.070.01 431.58 14.090.65 20,375.00 6,264.35 69.16% 120 FIRE DEPARTMENT 204.596.76 27.861.83 233,582.74 434,510.00 200.927.26 53.76% . 130 PROTECTIVE INSPECTIONS 139,843.19 24.128.46 153,159.55 267,359.00 114.199.45 57.29% 150 ENGINEERING 340,667.37 43.162.38 306,163.71 607,218.00 301.054.29 50.42% 152 STREETS & ALLEYS 747.990.44 215.144.65 1,006.272.87 1.268,242.00 261.969.13 79.34% 160 CITY HALL BUILDING 93,921.10 8,964.36 81,532.38 155,499.00 73.966.62 52.43% 201 PARK/RECREATION ADMINISTR 125.655.56 15.149.08 131.623.74 202,557.00 : 70.933.26 64.98% 202 RECREATION 160.258.67 31,795.08 185,149.81 207,970.00 22.820.19 . 89.03% 203 SENIOR CITIZEN CENTER 58.047.31 . 5.909.58 54,063.99 59,397.00 5.333.01 91.02% 204 CIVIC ARENA 198.401.45 . 14,431.37 184,683.77 299,265.00 114,581.23 . 61.71% 205 PARK DEPARTMENT 512.776.14 85.866.22 541,665.61 831,579.00 289,913.39 65.14% 206 RECREATION BUILDING & POOl 80.656.38 10.088.37 98,208.38 134,450.00 36,241.64 73.04% 207 EVENTS CENTER 151.878.09 18.028.09 158,108.88 234,410.00. 76,301.14 67.45% 208 EVERGREEN BUILDING 8.533.20 1,496.77 7,918.97 16.000.00 : 8,083.03 49.48% 250 LIBRARY 111.730.81 38.377.05 126,710.37 175.634.00 48,923.63 72.14% 301 CEMETERY 100,599.44 14,720.76 91.023.81 142,760.00 51.738.19 63.76% 310 DEBT SERVICE 2,791.25 25,00000 25.000.00 0.00% 320 AIRPORT 63,820.25 6,573.18 54,769.64 103,017.00 48.247.36 53.17% 350 UNALLOCATED GENERAL EXPE 416,272.87 22.114.60 372,902.11 718,950.00 346.047.89 51.87% TOTAL 6.314,637.71 1,011.833.43 6.847,338.77 10,726.244.00 3.878.905.23 63.64% . {aC Dc JLo 2007 CITY OF HUTCHINSON FINANCIAL REPORT AUGUST 2006 2007 2007 2007 2007 REVENUE REPORT - GENERAL ACTUAL' AUGUST YEAR TO ADOPTED BALANCE PERCENTAGE Year to Date MONTH DATE ACTUAL BUDGET REMAINING USED .AXES 1.753.055.89 2.51 1,787.041.08 3.800,665.00 2,013,623.94 47,02% LICENSES 38.012.50 -21.96 38.081.12 48,400.00 10,318.88 78,68% PERMITS AND FEES 304,736.43 32,166,37 212,165.80 320,700.00 108,534.20 66.16% INTERGOVERNMENTAL REVENUE 1,372.966,87 31,799.70 158,432.12 2,764,451.00 2,606.018.88 5,73% CHARGES FOR SERVICES 872.489.29 87.119.73 903.095,14 1,690.312.00 787,216.86 53.43% FINES 8. FORFEITS 31.198,59 4.535.03 32.800,71 68.000.00 35,199.29 48.24% INTEREST (6.219.73) 200,25 (10,440,57) 70,000,00 80,440,57 -14.92% . REIMBURSEMENTS 155.972.18 113.795,76 266,227.44 ,. 290,116,00 23.888.56 91.77% TRANSFERS 550,459,62 7.538,?9 589,049.78 1,673,100.00 . 1,104.050,22 . 34.01% SURCHARGES - SLDG PERMITS 3.781,81 1,138.90 3,644,86 500.00 (3.144.86) 0.00% TOTAL 5,076,453.45 278.277.08 3.960,097.46 10,726,244.00 6,766,146.54 36.92% 2007 AUGUST 2006 2007 2007 2007 2007 AUGUST EXPENSE REPORT - GENERAL AUGUST AUGUST YEAR TO ADOPTED BALANCE PERCENTAGE SUMMARIZED YTD MONTH ,DATE ACTUAL BUDGET REMAINING USED ,General Govt. 1,114,249.91, 169.282.62 1.254,114.00 2.038.958.00 764.644.00 61,51% Public Safety 2,120,308.57 319,693.63 2.273,961.15 3.660,837.00 1,386.875.85 62,12% Streets & Alleys 1.088,657.81 258,307.03 1,312,436.58 1,875,460.00 583.023.42 69,98% Parks & Recreation 1,511,328.30 235,662.37 1.579,155.29 2,304,022.00 724,866.71 68,54% Miscellaneous 480,093.12 28,687.78 427,67U5 846,967.00 419.295.25 50.49% TOTAL 6,314.637,71 1,011,833.43 6,847,338.77 10,726,244.00 3.878.905.23 63.84% . . (Q( o-Jlo CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT 18-Sep-07 August 31, 2007 . Date Date Interest Of Of Institution Description Rate Purchase Maturity Amount US BANK FHLB 4.10% 11/3/2004 11/19/2008 375,000.00 Smith Barney FHLMC med 4.00% 7/30/2004 7/27/2012 300,000.00 step up Smith Barney FHLB C 4.50% 1/7/2004 7/30/2009 300,000.00 Smith Barney FHLB C 4.500% 4/28/2005 10/28/2008 750,000.00 Smith Barney FHLB C 5.010% 4/26/2005 4/26/2010 270,000.00 Smith Barney FHLM-C 5.500% 4/5/2007 4/5/2012 300,375.00 Smith Barney FHLM-C 5.550% 3/1/2006 3/1/2011 500,000.00 Wells Investmen FHLN 5.279% 03/22/06 01/29/07 500,000.00 Edward Jones FNMA 5.00% 10/12/2006 11/23/2007 500,000.00 Wachovia FHLB 5.00% 5/22/2003 6/12/2013 300,000.00 Wachovia FHLB 5.00% 6/12/2003 6/12/2013 300,000.00 . Wachovia FHLB 5.000% 6/26/2003 06/26/13 400,000.00 Wachovia FHLB 4.000% 7/16/2003 7/16/2013 200,000.00 Wachovia FHLB step 5.375% 2/14/2007 8/14/2009 625,000.00 step up Wachovia FHMA 5.350% 03/16/06 09/18/09 200,000.00 5.350% 03/16/06 09/14/07 Wachovia FHLB = step ul 5.330% 10/26/06 10/26/09 300,000.00 Wachovia FHLB = step UI 6.000% 06/29/07 06/27/14 500,000.00 step up First Minnesota 5.180% 02/20/07 03/13/08 400,000.00 First Minnesota 4.650% 11/21/06 11/21/07 750,000.00 _________~_~4__.___ $7,770,375.00 . la(0-)1 . . . RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY Resolution No. 13270 WHEREAS, the Hutchinson Police Services has accumulated various unclaimed items. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 2.70, Subdivision 2, 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." Adopted by the City Council this 25th day of September, 2007 Mayor City Administrator Loeb) I Attachment A .el C~NtUnlitt 07-1396 07-1406 07-1425 07-1438 07-1439 07-1442 07-1443 07-1456 07-1457 07-1461 07-1476 07-1478 07-1479 07-1486 07-1494 07-1499 07~1504 07-1507 7-1554 -1658 07-1673 07-1689 07-1699 cle cle . laCb)\ . . . ORDINANCE NO. 07-0471 ~ 73.15 ALL-TERRAIN VEmCLE TRAFFIC CONTROL AND REGULATIONS (f.) Seej'le ef 8jlj'llieatien. ~Ietwitlwtwl(iing pr8yisieBS eftms title te the eoBtffiry, this seetien shall8jlj'lly te eelitrel oftfllffie E1ful regalatien efthat eertain elass ef'/emeles falling witffiB the 14efiBitien ef all teHain vemeles as te matters set ferth herein. i\dl preyisiens ef tms title net Felating to mattefS herein stated, 8jlply as equally te SlIewmebiles as ether ,<",bieles. (B) Certain statutes adej'lted. M.S. ~~ 84.92 84.929, as it may Be amendes frem time te time, tegether '.Yith rules lIftd regwatiell5 j'lreffilllgated therelHlder, are kereBY adej'lted by referenee, ineefj'lBfated herein, liftS made a part her-eef. (A) DEFINITIONS (I) All-terrain vehicle or vehicle. "All-terrain vehicle" or "vehicle" means a motorized flotation-tired vehicle of not less than three low pressure tires, but not more than six tires, that is limited in engine displacement ofless than 800 cubic centimeters and includes a class I all-terrain vehicle and class 2 all-terrain vehicle. (2) Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an all-terrain vehicle that has a total dry weight ofless than 900 pounds. (3) Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an all-terrain vehicle that has a total dry weight of 900 to 1,500 pounds. (B) OPERATING RESTRICTIONS. It is unlawful to operate a Class I ~ A TV as follows: (I) On a public sidewalk or walkway used for pedestrian travel, or upon any boulevard; (2) On private property of another without lawful authority or permission of the occupant or owner; (3) On school grounds, park property, playgrounds, recreational areas and golf courses, without express permission to do so by the property authority; (4) Upon any county road or state highway within the city, or within the designated downtown area as set forth in Chapter 74 Schedule I of this code; (5) Upon any street, other than the most direct route from the owner's or operator's residence to the nearest departure point from the city or appropriate trail. When no such route exists without using a county road or state highway, then, in that event, the owner (p( bJd- . . . or operator may operate an A TV on the county road or state highway only to the intersection with a street, taking thereafter the most direct route to the nearest departure point from the city or appropriate trail; (6) During the hours between 10:00 p.m. and 7:00 a.m. of the day next following, Sunday through Thursday, and the hours between 12:00 midnight and 7:00 a.m. of the day next following, Friday and Saturday; (7) At a rate of speed greater than reasonable or proper under all of the surrounding circumstances or in any instance in excess of20 mph upon a public street; (8) At a speed greater than 10 mph when within 100 feet of any lake shore except in channels or when within 100 feet of a fisherman, ice house, skating rink or sliding area, or where the operation would conflict with the lawful use of property or would endanger other persons or property; (9) In a careless, reckless or negligent manner, so as to endanger the person or property of another or cause injury or damage thereto; (10) To tow any person or thing other than a disabled A TV upon a public street except through the use of a rigid towbar; or (11) To chase or run over any animal, wild or domestic. (B) SPECIAL USE. An A TV of anv classification mav be used for the ourpose of movinll. or removing snow from the residence of the owner or ooerator ofthe all-terrain vehicle. (C) EQUIPMENT REQUIREMENTS. A person shall not operate an all-terrain vehicle unless the vehicle is equipped with at least one headlight and one taillight, each of minimum candlepower as prescribed by rules of the Commissioner of Public Safety, and with brakes conforming to standards prescribed by rule ofthe commissioner, and all of which are subject to the approval of the commissioner of public safety. (D) EMERGENCY OPERATION. Notwithstanding any prohibition in this section, an A TV may be operated upon a public street in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impossible. (E) OWNER RESPONSIBILITY. (Q( 10 ) d--. . . . It is unlawful for the owner of any A TV to permit its operation in violation of this subchapter. The party holding title to the A TV shall be conclusively presumed to be the owner unless the A TV shall have been stolen and so reported to a law enforcement agency. Adopted by the Hutchinson City Council this day of ,2007. Steven W. Cook Mayor Gary D. Plotz City Administrator lf2Cb}a., . . . MEMORANDUM DATE: TO: FROM: September 19, 2007 for the September 25, 2007 City Council meeting Hutchinson City Council Rebecca Bowers, AICP, Planning Director SUBJECT: VARIANCE TO ALLOW CONSTRUCTION OF A SECOND GARAGE AT 331 MONROE STREET S.E. Backaround: The property owner is requesting a variance to allow construction of an 864 sq. ft. detached garage in the rear yard of a lot with an existing 240 sq. ft. (12' by 20') detached garage. The Zoning Ordinance allows one detached garage up to 1,000 square feet plus a shed up to 192 sq. ft. without a variance. The applicant states the hardship is the size and height of the existing garage which only allows parking of a small vehicle. The garage is also non- conforming due to the 4-foot side yard setback. The proposed garage would meet setbacks and lot coverage requirements. Additional information is contained in the attached Planning Commission staff report. Plannina Commission Meetlna: The Planning Commission held a public hearing and considered the request at their September 18, 2007, meeting. There was no comment from the public, other than from the applicant, on this item. The Commission reviewed the variance request and determined that the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to the existing small size and height of the garage that was built prior to modern zoning ordinances with a nonconforming side yard setback. The circumstances were also not created by the property owners. The Commission also briefly discussed the area proposed for the garage, what classifies as an attached garage, and discussed garage door sizes, before recommending approval. Recommendation: The Planning Commission unanimously recommended approval of the variance to allow a second detached garage, with the findings and conditions in the attached resolution. W(e- ) \ . . . RESOLUTION NO. 13272 RESOLUTION APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A SECOND DETACHED GARAGE AT 331 MONROE STREET S.E. Whereas, Jeffrey McKay, property owner, has requested approval of a variance to allow construction of a second garage located at 331 Monroe Street S.E. with the following legal description: Legal Description: Lot 7, Block 37, South Half City of Hutchinson Whereas, the Planning Commission held a public hearing on the request on September 18, 2007, 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 variance, subject to the following findings and conditions: 1. The standards for granting a variance have been met, including the fmding of undue hardship and uniqueness due to the very large size and depth of the property, replacement of an existing non-conforming garage, and recent annexation into the City. The circumstances were not created by the property owner and the variance would not alter the essential character of the locality. Total impervious surface coverage of the lot may not exceed 50%. Total accessory building coverage in the rear yard may not exceed 25%. The applicant shall update the survey to show the location and size of the driveway and the proposed grades and elevations for the garage in relation to adjacent property to show drainage across the property. Approval of the City Engineer is required prior to approval ofthe building permit. Gutters must be installed on the garage to direct drainage onto subject property and away from adjacent property. Construction of the garage shall meet the standards of the zoning ordinance, including setbacks and height, in the R-2 zoning district. Removal and relocation of natural gas and electric will be at property owner's expense. No construction is allowed over any utilities, including natural gas or electric lines. 2. 3. 4. 5. 6. 7. Adopted by the City Council this 25'" day of September, 2007. ATIEST: Gary D. Plotz City Administrator Steven W. Cook Mayor (oee J \ . _ .. .. .... _ ~ .'~ .'6- '-'rJl I: - I '.::" "- - DIRECTORS REP'ORT - PLANNING DEPARTME.NT To: Hutchinson Planning Commission From: Brad Em,ans, Dolf Moon" Dave Hu"nstad, Miles Seppelt, Shan Ghimire) Jean Ward, Judy Flemming) John Webster, Jo'hn Olson) Lenny Rutledge, Kyle Dimler, Kent EX.ner, John Paulson, lVla,rk Schnobrich, Marc Sebora, Gary Plotz, Ken M,errill, Jim Popp, DanH'atten) Dick Nagy, Rebecca Bowers, and Bonnie Baumetz {Persons in attendance at Planning Staff Meeting (in bold) Date: September 10, 2007, for September 18, 2007, Planning Commission Meeting Application: V 41\RlA"NCETO ALLOW SECOND GA.RAGE ON A LOT LOCATED AT 331 MONROE STRE.ET S.E~ Applicant: Jeffrey McKay, property ow'ner 'V ARlANCE Des~rjption TIle property owner is reque.sting a variance to allow construction of an 864 sq. ft. detached garage in the rear yard of a, lot ,vith an existing 240 sq. ft. (12' by.20~) detached garage. The Zoning Ordinance allo,vs one detached. garage up to 1:000 square feet plus a shed up to 192 sq. ft. vlithout a variance. The applicant states the hardship is the size and lleight of the existing garage which only allo,vs parking of a sID.all vehicle. The garage is aIsonon-conforming due to the ,4-foot side. yard setback. TIle proposed garage \vouldmeet setbacks and lot coverage requirements. lor C) -, . . . Variance Jeffrey McKay - 331 Monroe Street S.E. Page 2 GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Lot Size: 66' x 132' Existing Land Use: Single Family Residential Adjacent Land Use And Zoning: Single Family Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The house and garage were constructed in 1938. Applicable Regulations: Section 154.026 and 154.167 of the City Code Analysis and Recommendation: The Zoning Ordinance allows one detached garage up to 1,000 square feet, plus a shed up to 192 sq. ft., without a variance. The applicant proposes to construct an 864-square foot detached garage, accessed from a new driveway from the alley, in addition to the existing 240 square foot detached garage. The Ordinance allows a maximum of 50% total impervious surface coverage (for non-shoreland areas) and 25% coverage of the rear yard for accessory buildings. The proposed accessory building coverage would be approximately 18% of the rear yard, which would comply with the 25% coverage requirement. The survey identifies the total coverage to be approximately 26.5%, however does not identify the area of the proposed driveway. Variance: 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 ofthe 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 (0(0)\ . . . Yariance Jeffrey McKay - 331 Monroe Street S.E. Page 3 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 the existing small size and height of the garage that was built prior to modern zoning ordinances with a nonconforming side yard setback. The circumstances were also not created by the property owners. Additionally, the request would not alter the character of the locality as the garage would not be visible from the street and many of the surrounding properties have detached garages in the rear yard. . At the Planning Staff meeting, staff discussed drainage and utility issues in this area. Water flows from the north into the low area in the rear yard of this property that is proposed for the garage. Staff is recommending the City Engineer review the grades for the proposed garage and installation of gutters on the garage to direct drainage away from adjacent properties. The underground natural gas and electric service is located in the construction area for the garage and will need to be relocated. Staff would recommend approval of a variance to allow a second detached garage in the rear yard of the property, with the following recommendations: I. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the existing small size and height of the garage built prior to modern zoning ordinances with a nonconforming side yard setback. The circumstances were also not created by the property owners and the proposed garage would not alter the character of the locality. 2. Total impervious surface coverage of the lot may not exceed 50%. Total accessory building coverage in the rear yard may not exceed 25%. 3. The applicant shall update the survey to show the location and size of the driveway and the proposed grades and elevations for the garage in relation to adj acent property to show drainage across the property. Approval of the City Engineer is required prior to approval of the building permit. 4. Gutters must be installed on the garage to direct drainage onto subject property and away from adjacent property. 5. Construction of the garage shall meet the standards of the zoning ordinance, including setbacks and height, in the R-2 zoning district. 6. Removal and relocation of natural gas and electric will be at property owner's expense. 7. No construction is allowed over any utilities, including natural gas or electric lines. cc: Jeffrey McKay, 331 MOlloe St. S.E. (Q L~ ') \ Va.riance J effreyMcK Paoe 4 ay - 331 MonroeStr. eel S.E.. lCJ( C- J t . (L,~+.~v<<L) LJ...,L--<.- \+,,~JjLp (V)c../\') ~O./")e-J I~ -~l.,._ ,..,..\.5 L.,I""... \..,.. ,>.t "-/-L f\O..... - C4i_--CV....M'.......:..5 ~ Mt.I""rc-l. Z- d.~ +"-c ~l S c'/''S-eJ ./ ,. 'I t'1 D~.... -rc<2.... ,. ~ " C r .~_ .:)2- '1 '>'-h 3 "2-1 ]'-1:::- (1"""R - +ou +<.11 J 1'0+ .....".H__ J'e-H..,-.ls NVMRf<VJ :)V<.I){/J ,~ c..)k1l ",0+\"<',.11.._ Hi}<</:.! .12---.c""'C.....:J L..,)L + It.. 0' rL-:j ,. W- "J G ..l c.\-..c--,-<+~-.r ..1- +L . ---rk ,,< w' 'J U"';j <'- """",.ru-<- ~J... ,~~ WVj) ~...,"'+ '-' ~~ iL h.v+- Lv./ ~ L. ~. ...," ~ leL ",10 -I-L. h"v.~~ ~. r.r'-'Y'~f/.''1 \,~ ~-e.e./'- J"'"...... >r<?'~ V\roe- c.... +\......- 5 OJ '::JL- J..e. .c,~, -l-."'-. .."j.. ~ So' ~-<'- '-j '-' .L .s""+ 1, <- <-I.:.. Lv _1.L l.-L 5 \"~./.k......<-d. . J <_ :;l-......d.. (17..' X ,'-) \'"/,....,;" " <. V<- d. --<_ -+c ,""-<j.... r.r('_~...,+J < -n..e. ~ ~d"t,~ .-h., -C.t- l.-LL t,,,)+- ~\.'J """', ~ ~t'W 1}<J~:j-<'_ .....,v)L uv-</ d..<" ~,/.L (~el,u +L.. z..~'/", . 15: Iv j. -I"k ""<.lC.-,__,,"'"' ,-llow~l)_ (oCt') \ I- w w cr I- m w o cr z o ::;: PEl..1..INEN LAND SURVEYlNG E; ,-...., ~ - 9 . I i t- ---- ------ ----------------------------l i ~~ i i SO\.\\~ i I ~---- Exl,'Ir1g Hoult 132.04 (m.as) I d',sl~ I /. ~>. ("'~.?4.~ ~ . , i ~ Exllljng Houu 7 c""",.r-_ \ \ E~1111r>O too. q 132.06 (meas) EJlltlng Goroo. 6 HUTCHINSON MN BLOCK 37 ~ ,---31:---, I I I" PROPOSED "I 6 IN GARAGE NI I I l___2L__~ 0<;( Sh.d 8 .,; '" >- W '" --' <[ , I , , '------ , , I , , I , , I , , I , , I , , I , L....-__~__ I , , I , , I , , I , , I , , I / , '( i 1 . "'~I 00>' u CERTIFICATE OF SUR_ FOR JEFFREY MCKA. . LOT 7, BLOCK 37, SOUTH HALF OF HUTCHINSON ;}..(p7o~ _____ \J...')O Existing House Footprint Ar.o . 760 Sq Fl Existing Garag. Footprint Ar,O' 246 Sq Ft) b Drlvtwoy 000 .~e\llo.. /\rIO . 440 Sq F. :- ,;;;.5\ LOT AREA . 8720 Square Feef 3 Proposed Garage 1oo~rinl Area . >eM Sq Fl h"/ f\fJM ,~~U"~ S64"J<i' lilrJ 14'-1-~Of-:..Orc.~~'~ 'i)l.oyJJ fo:'~ "6 ~ r ! 'b"'1~","~'1lG-'-"^"" I C~-';l 'vJo~ .. ~ AUG 1 c' 200i 9'IY",~ DepiClfP,z.:: ~\\,\so\'\ ~ \.f' C 4 ~----- JOe NO. 0711e o , 10 40 , {tfe! 20 scoltl In . Dlno1es Iron monumenT found o DeM'" Iron monument ,.1 II",r.by cull" thot ,nls SurVIJ, Pion 01 RlporT was prlparld by M ar undu my dlrtc1 Il.IPlfvll)Qn and 1hol I om 0 duly IltHud Land Survlyor undn lhl low. 01 Ihl $lall of Ii4lnnnoro. 5 /l ~'f" .{. -<4/Md- JI~r'Ch 0... Y'7.?( /1M? L". 'o.;)V~"'7 81'\ P-~6 PG 32 -""': k~~"" .~-.- '.d ~~_ 1"1 '~I >~ I~.'~~~~' II .. -." . , ,1 : . ." - '.. ". ~ ." Ii .!,- t I -J I I (y(c J"' . . . 24'-0' "t .' r-... !j! o 9 ~ . " ~ I ;. .' ...... ...... , o .' <0 C"') !j! o o , <.0 C"') 9 "- . 9 '" , o ...... , I~ 10;> '" . b '" ~ I ~ .' ~ , . ~ '" , CO .' "t "O-,Zt "O-,Zt .1r,V~"V-.l- loc C) \ . . . MEMORANDUM DATE: TO: FROM: September 19, 2007 for the September 25, 2007 City Council meeting Hutchinson City Council Rebecca Bowers, AICP, Planning Director SUBJECT: LOT SPLIT AND VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED AT 330 AND 340 OTTAWA AVE. S.E. Backaround: The property owner is requesting a lot split of 330 Ottawa Street S.E. to allow for construction of a larger home on 340 Ottawa Ave. S.E. The proposal would split 10 feet from 330 Ottawa Ave S.E. and combine it with 340 Ottawa Ave. S.E. The drainage and utility easements must be vacated and rededicated along the new property line. Both lots will meet lot width and area requirements. The proposed lot split would allow a larger single family home to be constructed on the 340 Ottawa Street lot. The proposed lot areas of22,115 and 21,502 square feet would exceed the 8,400 square foot minimum lot area required by the R-2 zoning district. The proposed lots would meet the lot width of 70 feet and depth standards of 120 feet. The vacation of easements along the shared lot line is needed along with the proposed lot division. New easements would be dedicated along each side of the interior lot line. Additional information is contained in the attached Planning Commission staff report. Plannina Commission Meetina: The Planning Commission held a public hearing and considered the request at their September 18, 2007, meeting. The Commission questioned if the lots were platted as single family lots and discussed the lot sizes and widths. Staff clarified that the lots were platted as single family lots and would have single family homes constructed on each. Also discussed was the process and requirement to plat versus when lot divisions are permitted. Staff stated a lot split, which is essentially a lot line adjustment in this case, is allowed under the existing subdivision regulations. After discussion was held regarding the benefits of platting versus lot splits, the Commission recommended approval of the applications. Recommendation: The Planning Commission unanimously recommended approval ofthe lot split and vacation of easements, with the findings and conditions in the attached resolution. CiJ(u') d-- . . . RESOLUTION NO. 13273 RESOLUTION APPROVING A LOT SPLIT AND V ACA TION OF EASEMENTS FOR 330 AND 340 OTTAWA AVENUES.W. Whereas, Paul Betker, property owner, has requested approval of a lot split to split 10 feet from the East side of 330 Ottawa Avenue S.W. and add to 340 Ottawa Avenue S.W. with the following legal descriptions: LEGAL DESCRIPTION: Westerly Parcel - Lot 1, Block 4, Southwind, according to the recorded plat thereof, except the East 10.43 feet of said Lot 1. Easterly Parcel - Lot 2, and the Eat 10.43 feet of Lot 1, all in Block 4, Southwind; according to the recorded plat thereof. Whereas, a vacation of easements is also requested and described as follows: DESCRIPTION FOR PROPOSED EASEMENT VACATION LOT 1, BLOCK 4, SOUTHWIND: Vacate the 5.00 feet wide drainage and utility easement lying west of and adjoining the east line of Lot 1, Block 4, Southwind, according to the recorded plat thereof. The north line of the easement to be vacated being the south line of the North 10.00 feet of said Lot 1 and the southerly line of the easement to be vacated being a line described as: beginning at a point on the east line of said Lot 1 a distant 112.57 feet north of the southeast comer of said Lot 1; thence westerly, to a point on the west line of said Lot 1 a distant 118.53 feet north of the southwest comer of said Lot 1. DESCRIPTION FOR PROPOSED EASEMENT VACATION LOT 2, BLOCK 4, SOUTHWIND: Vacate the 5.00 foot wide drainage and utility easement lying east of and adjoining the west line of Lot 2, Block 4, Southwind, according to the recorded plat thereof. The north line of the easement to be vacated being the south line of the North 10.00 feet of said Lot 2 and the southerly line of the easement to be vacated being a line described as: beginning at a point on the west line of said Lot 2 a distant 112.57 feet north of the southwest comer of said Lot 2; thence easterly, to a point on the east line of said Lot 2 a distant 107.87 feet north of the southeast comer of said Lot 2. Whereas, the Planning Commission considered the request at the September 18,2007, meeting and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare ofthe occupants of the surrounding lands, existing and anticipated loC6)~ . . . Resolution #13273 Lot Split and Vacation 330 Ottawa Ave S.E. Page2 traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and fIndings of the Planning Commission and hereby does recommend approval of the lot split and vacation of easements, subject to the foliowing fIndings and conditions: 1. The proposed lot split would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. A drainage and utility easement must be dedicated along each side of the interior property line. 3. All other existing drainage and utility easements shall remain in place. 4. The applicant is responsible for recording the lot split at the McLeod County Recorder's office. Adopted by the City Council this 25th day of September, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor W[ C- J d... . . . PUBLICATION NO. ORDINANCE NO. 07-0478 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING UTILITY AND DRAINAGE EASEMENTS LOCATED BETWEEN LOTS 1 AND 2, BLOCK4,SOUT~ND THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to vacate utility and drainage easements located between Lots 1 and 2, Block 4, Southwind. Section 2. That the utility and drainage easements to be vacated are described as follows: DESCRIPTION FOR PROPOSED EASEMENT V ACA TION LOT I, BLOCK 4, SOUTIIWIND: Vacate the 5.00 feet wide drainage and utility easement lying west of and adjoining the east line of Lot 1, Block 4, Southwind, according to the recorded plat thereof. The north line of the easement to be vacated being the south line of the North 10.00 feet of said Lot I and the southerly line of the easement to be vacated being a line described as: beginning at a point on the east line of said Lot 1 a distant 112.57 feet north of the southeast corner of said Lot 1; thence westerly, to a point on the west line of said Lot I a distant 118.53 feet north of the southwest corner of said Lot 1. DESCRIPTION FOR PROPOSED EASEMENT VACATION LOT 2, BLOCK 4, SOUTIIWIND: Vacate the 5.00 foot wide drainage and utility easement lying east of and adjoining the west line of Lot 2, Block 4, Southwind, according to the recorded plat thereof. The north line of the easement to be vacated being the south line of the North 10.00 feet of said Lot 2 and the southerly line of the easement to be vacated being a line described as: beginning at a point on the west line of said Lot 2 a distant 112.57 feet north of the southwest corner of said Lot 2; thence easterly, to a point on the east line of said Lot 2 a distant 107.87 feet north of the southeast corner of said Lot 2. Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 9th day of October, 2007. A TrEST: Gary D. Plotz City Administrator Steven W. Cook Mayor &2 Co..- )d-. .,...",., ~_ I .,:l.r,t ...-t..,. ~~ 1"_-"'- ~... ~i.:vl~.~;v....~;'''~;r'f...~.r ~ DIRECTORS REPORT - PLAN N'IN G, DEPARTMENT ... .:. "". -:-~.: ':-.. P..~~-"~ ... To: HutcbinsonPJanning Com.mission Brad Emans, Dolf Moon, Dave HUD,stad, Miles SeppeltJ Shan G'himire~ Jean Ward, Judy Flemming, JobnWebster, John Olson, Lenny Rutledge, Kyle Dimler,KeIlt Exner, Job,nPaulson, MarkS!chnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, D,an Hatten, Dick NagYt RebeccaB.owersand BODoieBa,umetz (persons in attendance atPlanoing Staff'Meeting (in bold) Septembe'r 10, 2007, for Se:ptember 18, 2007, Planning Commissi,on ,Meeting From: Date: Application: LOT SPLIT AND V ACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED A T 330 OTTAWA AVE S.E. Applicant Paul Betker, propertr owner LOT SPLIT AND V ACA TION OF EASE:MENTS Brief Description The property owner is requesting a lot split to move the lot line between two vacant single family lots to allow for construction of a larger hom.e on 34.0 Ottawa Ave. S.E. The prop:Qsal wo,uld split 10 feet from 330 Ottawa Ave S.E. and combining it to 340 Ottawa Ave. S.E. The drainage and utility easements must be vacated and rededicated along t.be new property line. Both lo.ts \villmeet lot width and area requirements. tocc-\'~ . . . Lot Split and Vacation of Easements Paul Betker - 330 Ottawa Ave S.E. Planning Commission - 9/18/07 Page 2 GENERAL INFORMATION Existing Zoning: R2 (Medium Density Residential) Lot Size: 330 Ottawa SE - 22,115 square feet 340 Ottawa Avenue S.E. - 21,502 square feet Existing Land Use: Vacant rcsidentiallot Adjacent Land Use And Zoning: Single and Two Family Residential Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The Southwind plat was approved in 2003. Applicable Regulations: Section 153.05 City Code Analysis and Recommendation: The proposed lot split would al10w a larger single family home to be constructed on the 340 Ottawa Street lot by taking 10 feet of lot width from 330 Ottawa Street. The proposed lot areas of 22, 115 and 21,502 square feet would exceed the 8,400 square foot minimum lot area required by the R-2 wning district. The proposed lots would meet the lot width of 70 feet and depth standards of 120 feet. The vacation of easements along the shared lot line is needed along with the proposed lot division. New easements would be dedicated along each side of the interior lot line. Staff reviewed the proposed plans for the lot split and vacation of easements at the August 27th staff meeting. Staff noted that the southerly half of both lots is covered by a drainage and utility easement for the stormwater pond that would remain in place. Staff recommends approval of the request with the following recommendations: 1. The proposed lot split would meet the standards of the R-2 wning district, subject to the conditions stated. 2. A drainage and utility easement must be dedicated along each side of the interior property line. 3. All other existing drainage and utility easements shall remain in place. 4. The applicant is responsible for recording the lot split at the Mcleod County Recorder's office. Cc: Paul Betker, 37 Monroe St.SE ~cc- }d-.. OUTLOT B PElLIHEN LAAD SURVEYING s r-..., ~ c;J SKETCH AND DESCRIPTIO FOR BETKER BUILDERS LOTS I 8 2, BLOCK 4, SOUTHWIND OTAWA AVENUE A.I'OI'54" BLOCK A-0'~3'~7' o .-------:..- o -, \ I 1'1 e i '" "I .,. N '" ;., !" "" .- '" 4 2 , 1 1 1 \ I~ , , ~ -' ~ I , , I I' " ----- N84'54'3'\'E \/ - N84'54'3'\'E 88.~~ N84'54'3'\'E IO.4~ 7&00- DESCRIPTION FOR WESTER!. Y PARCEL Lot I J Block 4, SOUTHWIND, according to the recorded plot thereof, except the East 10;43 feet of said Lot I. AREA -221 I ~ Square Feet -----.1 DESCRIPTION FOR EASTERLY PARCEL Lot 2, and the East 10.43 feet of Lot I, all in Block 4, SOUTHWIND; according 10 the recorded plat thereof. AREA - 21502 Square Feet DESCRIPTION FOR PROPOSED EASEM:NT VACATION Lot I, Bto-cl\ 4. SOVTHWItf) VOCGII the '.00 foal wide dralMQe ond utHity eo.am.nt Iylnt;! wnt of ond odJciWno me ICl5I One 01 LOI I, 9hx:k 4. SOlITl-IWINO, according to the r~Ofo.d plol thueof. Tbe north line of the eGa~nl to b. 'o'OCol.db.&1g the south~' of the Nl)(1h 10..00 r.., of ,old Lot I <<w:l the JWtMrI)' line at the e4ttl'Mnl to tt. vocated ~1I\g CI Hne desCftled as: beginning 01 (I polnl on thl ~$' line of $aid Lo! I 0 cIl,tanIIIM7t..tnorthoffhltoUl'htQslcornerofeoldLof I: 1h411',ce Wlltlrly, to 0 ~t on tIa ...eat ~nl of ,ok! Lot I (I dlslonl I 18~ fHl fI(Ir1f1 of 1M southwest comer of ~(l\(l LOl I. DESCRIPTION FOR PROPOSED EASElIENT VACATION LOI 2. era: 4. SOUTH'fMI) VOCG'tI the ~.OO foOl ..I~ arolnoptl and utll{ty lostlmlnf 1~11'1g 1000t.of 000 odjolling thl w"t 11M of Lot 2. Block 4, ~I<<), occordlng 10 .thl recordiQ pial therlOf. Thl north I\nI of thl ~s~nt to bl 'o'OCateOMIr.g the IOl.llh Hne ofttle North 10.001111 of sakl Lot 2. ond thl' SOU~Mrty 11M of tM 6i:lMlMnt to ~ vocmed ~II'IO (I IIIMl c1ell~l>>:beg1nnlngm(lpOInIOflit1IWtl'llil'llof~Lot2.o dlttonl i 12.~7 fut north 01 the lIouthwesl corner of ,ak! LOI 2: thence IOlItC'rl~. fO 0 !)Olllt on the east 11M of said Lot 2. a dbtGnt I07.87'f&et north ot Il\tsoufheolll comer of $Okl LOI 2. HUTCHHSOH "" L.D+ 'S\>l;t _ ';:':;)V __ ;;,v o-H-OJ..U-&.. AU' b 1 7 2001 9>Y",~ "'ii"P.~:g> ~ o , 20 40 80 , ftltlt SCq/. in I hlr.by elrll" 11101 1hl' SurVIY, Pion Of IiIlpor twos pr.parld by mI or undlr "'" dlr.c T ,uplrvl.lon ond tllClI ! o. <I dU I ~ 11 unud lond SurvI~or under Ihl 10.1 of 1111 $1011 of Mlnnesola. /J~_1' ,("'dJ JI~p('C.h Do<" 4/1' ~ -:41IY7 L". ",..,)~ .x:l8. NO~ 0714~ . 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151IFax: (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions ofthe City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 davs before event in order to be considered A lication T o Full Year January I - December 31, X Short Term Date(s) ~ trr-- Fee: $100.00 /b --r;= 0 7 a-d. "'" I )...-/-co Fee: $25.00 MonthlD /Year-MonthlD /Year anization Information U'( ;: "'>f ~J.<) ~K7- 277~ Phone Number N, e /Oqo ;::; (~..J; / i?c-l Address where regular meeting are held 4.k&~:...~ City , ,11 ^) State 5S3CSo Zip . Day and time of meetings? . d4\ : "u Is this organization organized under the laws of the State of Minnesota? yes 0 no How long bas the organization been in exist~ce? J.f-/ 'jf5. How may members in the organization? What is the purpose of the organization? cfu./.,ch In whose custody will organization records be kept? J ,,~~ tJDfc!c~u; sf, O\/((J.,. A-dlY\,,,i<f-.,..aiD....- U Name /0-"/0 ~ b"ML I2-d Address ;)5('0 4r1-rA;f\-~ Ci "3 q, .' oS'? 7-;)..7 76 Phone Number AHJ State <;;'5350 Zi Dul I q 1'-1').. SS OJft True Name 5 iou}( 4:,rls M Residence Address ~"i3Z() ~7 - (, -70 (0 Phone Number ~~',,-~ ~ City State Place ofBirth:,LI,0/v l1'l.) i Co(e City o yes ~o sS'3>SO Zip Date of Birth: 1 / / q / I q 5'1 Monthldaylyear Have you ever been convicted of any crime other than a traffic offense? M State If yes, explain: . (Q(o. ') 3.:u. Sv I .:J71L Phone Number ,MrJ State City of Hutchinson . Application for Bingo Gambling Devices License Page 2 of 3 Desi ated Gamblin . aU ed under Minnesota Statute 329 .' (d . ,~c)' 1(1"<;'-;- True Name 0 +-I-1c'-t..--I~ C" c;:; oj t--J-utrt;A<:.AY'. Residence Address City Place of Birth: A Lrz~d if "0- City Dyes ')i( no , j"A'-\(\.J2... s SL-{'S I ;J...7 1/'1S0 Month/day/year Have you ever been convicted of any crime other than a traffic offense? Date of Birth: If If yes, explain: How long have you been a member of the organization? s <;:5 ?S 0 Zip MI,} State Game Information Location #1 , /. L /' J c...AI("I'~ '-f1..e- Ki ~ ~o..-.- ~"cA-.. 3x> S'l7 ~77~ Name of 10canwJ where ga~ wIll be played Phone Number /otlO 0'. bl("o.d...f. Kd ~'^-~LJ1,.j SS3So Address of location where game will be played PAM 14.- _ City t- State Zip Date(s) and/or day(s) gambling devices will beused';"l!.-.J.rA..1 i NI a:i- ~CfY'\ 10 -7-07 JAM AM Hours of the day gambling devices will be used: From PM To PM Maximum number of player (~+'tcIo:fs ~~<;;,./Jct frtDO("" -to . Will prizes be paid in h(ffMy'1;'rh1~fttandise? 0 money )l.merchandise d'('Q.c..); ~. Dr4J.J) Will refreshments be served during the time the gambling devices will be used? ~ yes 0 no b.L. If es, will a char e be made for such refreshments? "W es 0 no ~ !>; /Fro. Game Information Location #2 . Name of location where game will be played Phone Number City State Zip K.a...-#k cJ~~~ &"'- Id--I-Ol AM AM Hours of the day gambling devices will be used: From PM To PM Maximumnumbertplj'Yer: +f.le.. +tcJ.a;J-s ~ ba- ~ pr:o< ~ cJ,.ra...J~' Willprizesbepaidm~MJ~yorm rchandise? Dmoney ');rmerchandise J)('OJAJI"~w-J.I.b.L . Will refreshments be served during the time the gambling devices will be used? ~ yes 0 no ~'S, iN"- 'l() If es will a char e be made for such refreshments? \ill es 0 no I .US ~ T>(~;-ti ""-S Address of location where game will be played Date(s) and/or day(s) gambling devices will be used: . Officers of the Or anization i necessa ,list additional names on se arate sheet ..Jos~ o.x+- Name / q 14}- So; CaY #d-", Pel r Residence Address ;<:::;'(\C--~ Name .i.-/Lfo Caf"1?/U jJj ,;1--r,- ^') uJ Residence Address I"L-:.. Title mN State V Pr..e.S' Title c! /11 -/-e;"'; fI c-""""iJ1 A) City State cfhdd~i,...<uv-.. City <:;53SD Zip C;;:S3S(\ Zip WL~) , . . . . City of Hutchinson . Application for Bingo Gambling Devices License Page 3 of3 ,J~-~!t~ q?? ~~<)W ~c<{~y Title ~ MI\J ';<;'350 Ci State Zi Residence Address Officers or Other Persons Paid for Services Information necess . list additional names on se arate sheet I '.4t.J..u(' Name !IU-f'''- Sri- Residence Address T-(".e4..<:: . Title _AJ'1):t-J~", {l\ J City State I'?Fl<i Name Title Residence Address City State Name Title Residence Address Ci State S5?,50 Zip Zip Zi Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager "bC..ves 0 no ~ Authorized Officer ~es 0 no PTs r - Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City ofHutcbinson to investigate the information submitted. Also, I have received from the City ofHutcbinson a copy of the City Ordinance No. 114.20 rela~ing to gam~ing and I will familiarize myself with the contents thereof. (" ; /~ , I " ,., I' t<.~ YJ/J'Ji\ C;/6 / c' 7- Signahbi of authorized officer of organization Date 1/ sib 7 . Date lure of gambling manager of organization Internal Use Onlv City Council 0 approved 0 denied Notes: LtJCJ ') .:'~"i' :t~~.... ..-. .Jt!'I""....,I~ -". ~.*5g,..; ~.. ~.~~ ,....' . .(", oW "'\"lJ.--r.-:.i- L=! ~. ........:\ .) .... ~.,)':"""J "':~'''. .,-~ ~- ~_.~::' Minnesota Department of Public Safety LIQUOR CONTROL DIVISION 444 Cedar St./Suite tOOL St. Paul, MN 55101-2156 (612)296-6439 TOD (612}282-6555 ~ w, )" APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE OR PRINT lNFORMA nON OF QROANI n.ON TAX EXEMPT NUMBER I :u ZIP CODE ill G APPLICATION ORO nON OF]'lCEk'S NA Etl. K. 015071 OR04N1ZA TIO~ O.FFJ('FIl:S .l>jAME 3"5356 ADDRESS Will the Ipplicant contrlcl for intoxicating liquor services? If so, give lh. Dime aDd address of the Liquor \iceose providing Ihe service. Will the Ipplicant carry liquor liability insurance? If so. the carrier's nlme aDd amount of coverage. (NOTE: IDaunnoe is Dol mandltory) ~Gu..- .stxJ. tJ{)() /tXt'..u~7tt',.._ . APPROVAL APPUCA nON MUST BE APPROVED BY CITY OR COllNTY BEFORE SUBMITTING TO UQUOR CONTROL CITY/COUNTY '0 L~~c:....\'-;'.'(\SCq". DATE APPROVED CITY FEE AMOUNT ~ 'lS. cD LICENSE DATES - DATE FEE PAID_C' -\ ') -c.'7 - . SIGNATURE CITY CLEl<JI. OR COUNTY OFFICIAL APPROVED LIQUOR CONudL DIRECTOR TE: Do nol.eplrate the.e two part., .end bolh part. 10 the addre.. above and the original .Igned by lhb dr,-blon wiD be returned I. the licen.e. Subml1 to the City or Counly allea'" 30 day. before the event. PS4l9079(8195) laCe.) . . . November 21,2006 Dear City Council Members, At the end of 2005 the city adopted a new Compensation Plan. One aspect of the plan was the implementation of an open sa1ary range that would allow for maximum flexibility in administrating the plan instead of using defined or pre-calculated steps. The open sallli)' concept rewards good and exceptional performers and advances employees to the market rate more quickly. If you recall, at the council meeting where this plan was adopted last year, I stated that I thought there needed to be some adjustments beeR"'" I believed the plan rewarded some mediocre performance. I also believe that, while both are important to recognize, there was not enough distinction between good performance and those that exceed expectations. I stated at that meeting that I would like to revisit the plan in 2006. I also brought this up a couple of months ago. Enclosed is information on the old compensation plan, the current plan, the recommendation of the compensation consultant, and a proposed amendment that I drafted. I think you will see that the amendment meets all the objectives of the current plan, but places higher expectations on the lower performers, still suitably rewards those who meet expectations, and further rewards those who exceed expectations. This amended plan is also pretty similar to the consultant's recommendation, except that the achievement levels are adjusted in more defined ranges that better represent what actually happens on the perl'ormance reviews. The amendment also contains many similarities to the current plan until you get to the higher wage levels, where performance becomes an even greater factor for attaining further advances. I did present this to the wage committee on November 21". Their comments will be discussed as part of the discussion at our council meeting on November 28110. Sincerely, Steve Cook, Mayor rLCJ-) . . . 2005 & Previous Pay Plan Market -100% . 6 Steps starting at 80%, 4% increments per year . Usually 6 years to get to market (usually start at 80"10) . Overall evaluation rating of I or 2 normally made employee ineligible for any scheduled wage adjustment. Exceptional Service Pay - after reaching market rate (100%) . 0.25-5% increase possible . Salary increase to 105% . Lump sum possible yearly from 105-110% }o Did not carry over from one year to the next }o Did not build on previous year . Harder to attain }o All ofthe following criteria had to be met .:. Shared Values .:. Effort .:. Consistency .:. Quality .:. Performance appraisal * Majority "Exceeds Job Requirements" * No "Needs Improvement" }o At least one additional criteria needed to be met .:. Quantity .:. Originality .:. Cost Savings/Revenue Generating .:. Efficiency 9;{fA) Possible salary increase for various performance levels - for comparison purposes 89 90% 91 92 93 94 96 98 96 98 100 103 98 101 103 107 . 100 103 106 110 105 108 112 110 114 115 . <t(~ ') . Current Pay Plan - 2006 Start "Merit" Increase Guide for Open Salary Range Achievement Level Compa-Ratio o to l.1to 2.0 to 2.76 to 3.51 to 4.26 to 1.0 1.99 2.75 3.5 4.25 5.0 80-84.9 0010 0% 4% 5% 6% 7% 85-89.9 0% 0% 4% 5% 6% 7% 90-94.9 0% 00/0 3% 4% 5% 6% 95-99.9 0% 0% 2% 3% 4% 5% 100-104.9 0% 0% 0% 2% 3% 4% 105-109.9 0010 00/0 0% 1% 2% 3% 110-115 0% 0% 0% 00/0 2% 3% Possible salary increases for various performance levels - for comparison purposes only: . 84 88 92 95 97 99 101 85 90 94 98 101 103 105 106 107 108 109 110 86 92 97 101 104 107 109 111 113 115 87 94 100 104 108 III 114 115 Evaluation Levels of Performance: I - Unsatisfactory 2 - Needs Improvement 3 - Meets Expectations 4 - Exceeds Expectations 5. Outstanding . ~( tl\ ') . Proposed Pay Plan (Prepared by Mayor Steve Cook) Achievement Level o to 2.3 to 2.9to 3.5 to 4.1 to 2.29 2.89 3.49 4.09 5.0 Compa-Ratio 80-84.9 0% 3% 5% 6% 7% 85-89.9 0% 2% 5% 6% 7% 90-94.9 0% 1% 4% 5% 6% 95-99.9 0% 0% 3% 4% 5% 100-104.9 0% 0% 2% 3% 4% 105-109.96 Ol}~ 0% 0% 2% 3% 110-115 0% 0% 0% 0% 2% Possible salary increases for various performance levels - for comparison purposes. . 83% 86% 88% 90% 91% 92% 93% 94% 95% 85% 90% 94% 98% 101% 103% 105% Target 95% 105% 86% 92% 97% 101% 104% 107% 109"10 111% 110% 87% 94% 100% 104% 108% 111% 113% 115% 115% ';;> Yz Merit increase if any category rated "Needs Improvement" or "Unsatisfactory" when current pay scale above 100% ';;> ~i Merit increase if any category rated "Unsatisfactory" when current pay scale below 100% . ~c 0\- ) ~ .. . ........ Hutchinson Area Health Care Hutchinson Community Hospital BunlS MaHor Nursi"zR Home . Dassellvleaical Ce1zter 1095 Highway 15 South Hutchinson. MN 55350 (320) 234-5000 September 20, 2007 The Honorable Mayor Steve Cook and Hutchinson City Council Members RE: Parcel # 06-0510-0240 Dear Mayor Cook and City Council Members: The Hutchinson Area Health Care (HAHC) Board of Directors, as part of a closed session during their May meeting, approved the plans to purchase 42.87 acres of property located on parcel # 06-0510- 0240. Following discussion; Motion was made by Mr. Fortun, seconded by Ms. Ristau to pursue purchase of parcel # 06-0510-0240. All were in favor, motion carried unanimously. . Hutchinson Area Health Care would like to forward a recommendation to the Hutchinson City Council for approval to spend $964,575 for 42.87 acres of parcel # 06-0510-0240; at $22,500 per acre. Thank you in advance for approval ofthis request. Sincerely, HUTCHINSON AREA HEALTH CARE ~.ifi1li CaJ.iinder, Hutchinson Area Foundation for Health Care On behalf of Mary Ellen Wells, President! CEO CL:sh . tOLe-..') . . . REAL ESTATE PURCHASE AGREEMENT Parties. This Purchase Agreement is made WId effuctive on the last date executed belnw by and between Brian J. Teigland WId Julie A. TeigJand, husband WId wife; Dennis A. Zocbert and Ronda M. Zochert, husband and wife; WId Gary A. Anderson WId Julie A. Anderson, husband WId wife ("Sellers"), WId Hutchinson Area Health Care, a subdivision of the City of Hutchinson, a Minnesota municipal corporation, ("Buyer"). Offer/Acceotance. Sellers agree to convey real property containing approximately 43.45 acres oflWld (the "Property") in McLeod COWlty, Minnesota, as indicated by the legal description described hereto: See attached "Exhibit A" Purchase Price and Terms. The purchase price for the Property shall be nine hWldred seventy-seven thousand six hWldred twenty-five dollars WId no cents ($977,625.00) which the Buyer agrees to pay in cash or by certified check or bank draft on the date of the closing WId upon delivery of the deed as hereinafter provided. Buyer shall cause twenty thousand dollars WId no cents ($20,000.00) of this amount as earnest money to be deposited in a segregated interest-bearing account with McLeod County Title within three business days of the execution of this purchase agreement. All interest on the earnest money shall be added to WId become part of the earnest money. Notwithstanding the foregoing, in the event the final acreage of the Property is determined to contain an amoWlt more or less than 43.45 acres, then the purchase price for the Property shall be increased or reduced, as applicable, by an amoWlt equal to $22,500 per acre rounded to the nearest one-hundredth (0.01) of an acre of such difference. Closing Date WId Contingencies. For a period of ninety (90) days following the execution of this purchase agreement, Buyer shall have WI opportunity to conduct investigations of the Property. Buyer, at its option, may extend this contingency period by a period of ninety (90) days by delivering written notice of such election to Sellers. The obligation of the Buyer to complete the transaction contemplated Wlder this purchase agreement is specifically contingent on WId the Buyer satisfying itself that there are no significWlt environmentai or other problems affecting the Property. The Buyer shall be the sole judge of the fitness of the condition of the Property. The closing of this transaction shall take place within thirty (30) days of the end of the contingency period and, in no event later than December 31, 2007. Deed. At closing, Sellers shall execute WId deliver a Warranty Deed conveying title of record subject to building and zoning laws, ordinances, state WId federel reguiations, exceptions to title which constitnte encumbrances, restrictions or easements of record. Assessments. Sellers shall pay nn date of closing all installments of special assessments certified for payment with the real estate taxes due WId payable in the year of closing. Sellers shall pay on the date of closing all of the special assessments levied as of the date of this purchase agreement Sellers shall provide for payment of special assessments pending as of the date of this purchase agreement for improvements that have been ordered by the Hutchinson City COWlcil or other governmental assessing authorities. k; of the date of this purchase agreement, the Sellers represent that the Sellers have not received a notice of hearing of a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the Property. If a special assessment becomes pending after the date of this purchase agreement and before the date of closing, Buyer may, at Buyer's option require the Sellers to pay the pending special assessment (or escrow for payment of the same) or the Buyer may declare this purchase IOCtA) . agreement null and void by notice to the Sellers and any earnest money shall be refunded to the Buyer. Sellers shall also have the right to cancel this purchase agreement and refund all earnest monies to Buyer if a special assessment becomes pending after the date of this purchase agreement and before the date of closing it; in the judgment of the Sellers, the new levied special assessment makes this transaction unfeasible. Sellers shall pay on the date of closing any deferred real estate taxes (including "green acres" taxes) under Minnesota Statute ~273.1.l1 or special assessments payment of which is required as a result of the closing of this sale. Real estate taxes due and payable in the year in which this transaction is closed shall be prorated between the Buyer and Sellers. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter. Sellers make no representation concerning the amount of future real estale taxes or of future special assessments. Dama!!es to Real Prooertv. If the real property is substantially damaged prior to closing, this purchase agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this purchase agreement by notice to Sellers within twenty-one (2 I) days after Sellers notify Buyer of such damage, during which 21-day period Buyer may inspect the real property, and in the event of such recission, the earnest money shall be refunded to Buyer. Sellers' Lien Warrants. Sellers warrant that there has been no labor or material furnished to the Property for which payment has not been made. Condition ofProoertv. Sellers shall remove all debris and all personal property not included in this sale from the Property before possession date. Sellers have not received any notice from any governmental authority as to the existence of any Dutch elm disease, oak wilt, or other disease of any trees on the Property. Upon execution of this purchase agreement, Sellers will deliver to the Buyer true and correct copies of all records effecting the Property and its ownership, condition and use including, without limitation, copies of all surveys, soil tests, environmental studies and reports, market studies, appraisals, tax records, governmental permits and correspondence either in the Sellers' possession or immediately available to Sellers. . Sellers know of no hazardous substances or petroleum products having been placed, stored, or released from or on the Property by any person in violation of any law, nor of any underground storage tanks having been located on the Property at any time. Notwithstanding Buyer's environmental investigations of the Property, Sellers do not warrant and represent to Buyer that there have been no acts or occurrences upon the Property that have caused or could cause hazardous substances or petroleum products to be released or discharged into the subsoil or ground water of the Property or other property in the area. Sellers do not represent and warrant to Buyer that the Property is free of hazardous substances and is not subject to any "superfund" type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the Property. Sellers know of no wetlands, flood plain, or shoreland on or affecting the Property. Sellers' warranties and representations contained in this section shall survive the delivery of the deed provided that any notice of a defect or claim of breach of warranty must be in writing. Any such notice with respect to matters referred to in this section must be given by the Buyer to the Sellers within one year of the date of closing or they will be deemed waived. The conditions of the conveyance of this Property set forth in the Price and Terms section of this agreement shall also survive the delivery of the deeds. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending regulations, Sellers do not plan to have the Property inspected. Other than the representations made in this paragraph, and by any contingencies, the Property is being sold "AS IS" with no express or implied representations or warranties by the Sellers as to physical conditions or fitness for any particular purpose. . Disclosure of Notices. Sellers have not received any notice from any governmental authority as to violation of any law, ordinance or regulation. If the Property is subject to restrictive covenants, Sellers have not received any notice from any person as to a breach of the covenants. Sellers have not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning loLo..) . proceedings. Should Sellers receive notice of annexation proceedings, Sellers agree to cooperate with Buyer to annex the above-described land into the City of Hutchinson. Notwithstanding the above, Sellers shall not be obligated to annex the land into the City of Hutchinson should Buyer not complete the purchase of the Property. Access Prior to Closing. By this purchase agreement, Buyer does not acquire any right of possession of the property, license, or easement. However, during the period from the date of the Purchase Agreement to the Closing Date, Buyer and its agents shall have access to the Property for completing such tests, studies, evaluations and other investigations as Buyer deems necessary. This right of entry shall also include the Buyer's agents, surveyors, engineers, and site evaluators for the purposes of testing, measuring and evaluating the coodition of the parcel. Buyer understands Sellers have entered into a farm lease on the Property, which, at various time periods, may restrict access to the Property. In the event there is damage to the crop, Buyer shall pay the tenBIltllessee for damage to said crop. Sellers shall be entitled to all proceeds from the farm lease they have entered into regardless of the date of closing. Buyer shall indemnify and hold Sellers harmless from any and all liens, claims, liabilities or charges incurred or caused by Buyer's contracts with surveyors, engineers, and site evaluators, which indemnity shall include any costs and disbursements incurred by Sellers in any defense thereof. Possession. Sellers shall deliver possession of the Property not later than December 3],2007, the date of closing; or such earlier time as the Sellers are capable of executing the deed. Examination of Title. Upon the execution of the purchase agreement, Sellers shall, at their expense, deliver to Buyer an updated abstract or title commitment covering the Property issued by the title company. Sellers shall also, at their expense, obtain and deliver to Buyer, UCC searches covering the Sellers and the Property. Warranties and Representations of Sellers. By executing this agreement, Sellers represent and warrant that the Sellers are the sole owners of the Property and that there is no actual pending or threatening legal action with respect to the Property. Sellers also warrant that there are no other contracts for deed, agreements, and options of first refusal affecting the Property. Finally, the Sellers warrant there are no violations of applicable governmental laws, ordinances or regulations pertaining to the Property. . Closing Costs and Prorations. Sellers shall pay all costs and expenses necessary to place title in the condition represented by Sellers. Sellers shall pay the costs of the abstract or title search. Sellers shall pay any state deed tax due and payable with respect to the Warranty Deed conveying the Property. Real estate taxes due and payable for the Property the year in which the Closing occurs shall be prorated between Sellers and Buyer as of the Closing Date. Buyer shall pay the costs of recording the conveyance instruments and the premium for any policy of title insurance which Buyer elects to purchase. Sellers and Buyer shall share equally the closing fee charged by a title company. All other costs and expenses with respect to the Property shall be prorated between the Sellers and Buyer as is customary as of the closing date. Each party shall pay its respective altorney's fees and professional costs with respect to the negotiation and closing of the purchase. Records. Upon the execution of the Purchase Agreement, Sellers will deliver to Buyer true and correct copies of all records (the "Records") affecting the Property and their ownership, condition and use including, without limitation, copies of all surveys, soil tests, environmental studies and reports, market studies, appraisals, tax records, governmental permits and correspondence either in Sellers' possession or immediately available to Sellers. Real Estate Commission. Sellers shall pay any commission or fee payable to Sellers' Broker or agent, if any. Purchase Agreements: Exclusive Negotiation. Sellers shall not solicit, negotiate with respect to or accept any other offers for the purchase and sale (or other disposition by other means) of the Property all pursuant to the Letter of Intent for a period of sixty (60) days from the date sellers execute the Purchase Agreement. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota . Well Disclosure, Sellers certifY that Sellers do not know of any wells on the Property. Closing. Closing shall be at McLeod County Abstract and Title Services, LLC, 235 Hassan Street, loCV\) . SE, Hutchinson, Minnesota. At closing, Sellers and Buyer shall disclose their Federal Tax Identification numbers for the purposes of completing state and federal tax forms. Breach of Contract/Linuidated Damages. The parties herein agree that the sole remedy for any and all claims of breach of contract arising out of the non-performance or breach of this purchase agreement shall be the earnest money paid by buyer and the accrued interest thereon, if any. 1031 Exchange. Buyer agrees that Sellers may, in their sole discretion, make a qualified assignment of the Purchase Agreement for purposes of a 103 I Tax Deferred Exchange and the Buyer agrees to cooperate fully in the exchange, with no increase cost or expense to the Buyer, should the Sellers select that option. City ADDrovals. The closing of this transaction is subject to the approval of the Hutchinson Area Health Care board and the City of Hutchinson City Council. SELLERS date date Brian J. Teigland Julie A. Teigland date date Dennis A. Zocher! Ronda M. Zacher! date date Gary A. Anderson Julie A. Anderson . BUYER date date Steven W. Cook, Mayor Gary D. Plotz, City Administrator . \.eCCA) . . . Resolution No. 13274 Resolution Approving Special Law Chapter 134 of 2007 Minnesota Session Laws WHEREAS, the City of Hutchinson has entered into an agreement with Hutchinson Area Health Care, currently a municipally-owned hospital and health care organization, to transfer the assets and buildings of Hutchinson Area Health Care to a private, non-profit, 501(c)3 entity effective January 1,2008; and, WHEREAS, the employees of Hutchinson Area Health are enrolled in the Minnesota Public Employees Retirement Association; and, WHEREAS, upon the transfer of Hutchinson Area Health Care, the employees shall become the employees of the private, non-profit, 501(c)3 entity, which is a private employer and shall not be entitled to the benefits of the Minnesota Public Employees Retirement Association; and, WHEREAS, the City of Hutchinson has sought special legislation which would allow the Hutchinson Area Health Care employees to continue their coverage in the Minnesota Public Employee's Retirement Association; and, WHEREAS, the State of Minnesota has authorized the Hutchinson Area Health Care employees to continue with the Minnesota Public Employees Retirement Association as set forth in that certain special legislation set forth .at Minnesota Legislation Session Laws 2007, Chapter 134; and, WHEREAS, Minnesota Statute Chapter 645.021 requires a special law be approved by the local unit of government before the special law is effective; and, WHEREAS, the special law provides a benefit for Hutchinson Area Health Care's employees, which the employees have earned and are entitled to receive, NOW, THEREFORE, BE IT RESOLVED by the City of Council of the City of Hutchinson that Minnesota Session Laws 2007, Chapter 134, which provides for continuation of Minnesota Public Employees Retirement Association benefits to the employees of Hutchinson Area Health Care is hereby approved. Adopted this 25th day of September, 2007. ATTEST: Steven W. Cook Mayor Gary D. Plotz City Administrator \ Dec:;;.. ') Resolution No. 13274 . Resolution Approving Special Law Chapter 8 of 2005 Minnesota Session Laws, 1 st Sp. (as Amended by Chapter 271 of 2006 Minnesota Sessions Laws) and Special Law Chapter 134 of 2007 Minnesota Session Laws WHEREAS, the City of Hutchinson has entered into an agreement with Hutchinson Area Health Care, currently a municipally-owned hospital and health care organization, to transfer the assets and buildings of Hutchinson Area Health Care to a private, non-profit, Internal Revenue Code section 501(c)3 tax-exempt entity effective January 1,2008; and, WHEREAS, the employees of Hutchinson Area Health Care are currently enrolled in the Minnesota Public Employees Retirement Association; and, WHEREAS, upon the transfer of Hutchinson Area Health Care, the employees shall become the employees of the private, non-profit, 501(c)3 entity, which is a private employer and shall not be entitled to future accrual of benefits from the Minnesota Public Employees Retirement Association; and, . WHEREAS, the City of Hutchinson has sought special legislation which would allow the Hutchinson Area Health Care employees to continue to have service recognized for purposes of early retirement under the Minnesota Public Employee's Retirement Association and to provide such employees with augmented pension benefits from the Minnesota Public Employee's Retirement Association; and, WHEREAS, the State of Minnesota has authorized the Hutchinson Area Health Care employees to be eligible for certain special benefits under the Minnesota Public Employees Retirement Association as set forth in that certain special legislation set forth at Minnesota Legislation Session Laws 2005, 1st Sp., Chapter 8, article 6 S4(b) (as amended by Minnesota Session Laws 2006, Chapter 271, article 5, S4) and Minnesota Legislation Sessions Laws 2007, Chapter 134; and, WHEREAS, Minnesota Statute Chapter 645.021 requires a special law be approved by the local unit of government before the special law is effective; and, WHEREAS, the special laws provide a benefit for Hutchinson Area Health Care's employees, which the employees have earned and are entitled to receive, NOW, THEREFORE, BE IT RESOLVED by the City of Council of the City of Hutchinson that Minnesota Legislation Session Laws 2005, 1 st Sp., Chapter 8, article 6 S4(b) (as amended by Minnesota Session Laws 2006, Chapter 271, article 5, S4) and Minnesota Session Laws 2007, Chapter 134, which provide for continuation of service recognition and augmented pension benefits under the Minnesota Public Employees . ~~'-l i~ Ilie-) . . . Retirement Association for the employees of Hutchinson Area Health Care is hereby approved. Adopted this 25th day of September, 2007. ATTEST: Steven W. Cook Mayor Gary D. Plotz City Administrator k~ )D(c0 . . . CITY OF HUTCHINSON RESOLUTION NO. 13275 RESOLUTION AMENDING LOCATION FOR TRUTH IN TAXATION HEARING FOR TAXES PAYABLE 2008 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MlNNESOT A: THAT a hearing a prescribed by State Law entitled Truth In Taxation is hereby established as follows: Monday, December 3, 2007; 5:00 p.m. Said meetings shall be amended from resolution 13264 to convened at the Hutchinson Events Center; 1005 Hwy 15 So; Hutchinson, Minnesota. Adopted by the City Council this 25th day of September 2007 Steve W. Cook Mayor ATTEST: Gary D. Plotz City Administrator \ () Le-) . MEMORANDUM Date: September 25, 2007 To.: Hano.rable Mayo.r & City Co.uncil Fram: Miles R. Seppelt EDA Directo.r RE: Sale o.f property to. Custo.mer Elatio.n Call Center . The call center project is evo.lving. . Originally, the plan was fo.r the EDA to. bo.nd fo.r, build and o.wn the call center facility, which it wo.uld lease back to. the campany. . After so.me co.nsideratio.n, the co.mpany is Io.o.king into. o.btaining its o.wn pro.ject financing and building the facility itself. . As part o.f this, the co.mpany wo.uld purchase the Io.t it needs fo.r the new building immediately. . . As a result, we are seeking City Co.uncil autho.rization to. sell this pro.perty. Praiect Site 1150 5th Avenue SE Block 2, Lot 2, Hutchinson Fifth Avenue Industrial Park Acres provided for land write-down 3.8726 acres Purchase Price $116,178 ($30,000/ acre) Write down amount 2/3 (.66667) Amount eligible to be forgiven $77,452 Forgiveness period 10 years Due at signing (1/3 of lot price) $38,726 Soil corrections $38.131 . TOTAL $76,857 . AMERICAN LEGION HUTCHINSON POST NO. 96 Hutchinson. Minnesota 55350 8'f Home of Company B 135th Infantry Dear City Official: The American Legion Post 96, Hutchinson Mn. Wishes to have pennission for a gambling penn it at American Pastime Located at 114 Main ST. N since it is our intention to have Lawful Gaming at this establishment we need a Resolution of Approval to conduct lawful gaming at American Pastime from City of Hutchinson in order for American Legion Post 96 to secure a gaming . permit from Minnesota State Gambling Control Board. Thanks in advance ~~~dI~ Samuel Flom Post 96 Gambling Manager .