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cp11-27-2007 c . AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 27, 2007 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Kevin Oster, Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF NOVEMBER 13,2007 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PUBLIC LIBRARY BOARD MINUTES OF SEPTEMBER 24, 2007 2. PIONEERLAND LIBRARY BOARD MINUTES OF SEPTEMBER 20, 2007 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES OF OCTOBER 16,2007 . 4. PLANNING COMMISSION MINUTES OF OCTOBER 16,2007 5. CITY OF HUTCHINSON FINANCIAL REPORT FOR OCTOBER 2007 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR OCTOBER 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13302 - RESOLUTION FOR PURCHASE (FLORIDA CYPRESS AND BARK NUGGETS) 2. RESOLUTION NO. 13303 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO. 3. ORDINANCE NO. 07-0482 - A RENTAL REGISTRATION AND INSPECTION ORDINANCE (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 07-0484 - AN ORDINANCE EXTENDING THE CORPORA TELIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY THE CITY OF HUTCHINSON PURSUANT TO MINNESOTA STATUTES 414.033, SUBD. 2(1) (LOCATED AT THE NORTHWEST CORNER OF JEFFERSON ROAD AND COUNTY ROAD 8 FOR CITY OF HUTCHINSON/HUTCHINSON AREA HEALTH CARE FOR A SENIOR HOUSING CAMPUS) (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS . . . CITY COUNCIL AGENDA - NOVEMBER 27, 2007 1. CONSIDERATION FOR APPROVAL OF VARIANCE REQUESTED BY THE OAKS FOR PLACEMENT OF A 212 SQUARE FOOT GAZEBO IN FRONT YARD LOCATED AT 945 CENTURY AVENUE SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13299) 2. CONSIDERATION FOR APPROVAL OF CONDmONAL USE PERMIT REQUESTED BY BEANS PLUS, INC. TO ~OW A CHILD CARE CENTER/SCHOOL IN THE C-5 DISTRICT LOCATED AT 267 - 4 AVENUE NW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13300) 3. CONSIDERATION FOR APPROVAL OF AMENDMENT TO ZONING ORDINANCE TO UPDATE LANGUAGE IN SECTION 154.170 REGARDING CONDmONAL USES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0485 FOR DECEMBER 11, 2007) (d) REAPPOINTMENT OF SHERRY RISTAU TO HUTCHINSON AREA HEALTH CARE BOARD TO DECEMBER 2012 (e) CONSIDERATION FOR APPROVAL OF MASSAGE LICENSE FOR EMILY RECK, DBA R&R MASSAGE, LOCATED AT 745 LAKEWOOD DRIVE SW (1) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON DECEMBER 20, 2007 (g) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR VFW POST 906 AT THE HUTCHINSON EVENT CENTER ON DECEMBER 14, 2007 (h) CONSIDERATION FOR APPROVAL OF GRANT APPLICATION FOR 2007 FIRE SAFETY FEMA GRANT ' (i) CONSIDERATION FOR APPROVAL OF SETTING DECEMBER 14, 2007, AT 5:30 P.M. AS PUBLIC MEETING TO ALLOW CITY COUNCIL MEMBERS TO ATTEND HOLIDAY PARTY AND AUTHORIZATION OF USING CITY FUNDS TO COVER A PORTION OF THE COST. G) 2008 LICENSE RENEWALS 1. MASSAGE LICENSES 2. HAULING LICENSES 3. TOBACCO LICENSES (k) CONSIDERATION FOR APPROVAL OF CAPITAL EXPENDITURE REQUEST FOR HUTCHINSON AREA HEALTH CARE TO RELOCATE BILLING AND ACCOUNTING FROM THE PLAZA BUILDING TO THE FREEMONT BUILDING Action - Motion to approve consent agenda 7. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION OF FUNDAMENTAL CORPORATE CHANGE OF TRANSFERRING THE ASSETS FROM HUTCHINSON TELEPHONE COMPANY TO NEW ULM TELECOM, INC. Action - Motion to reject - Motion to approve 8. COMMUNICATIONS. REOUESTS AND PETITIONS 9. UNFINISHED BUSINESS . (a) REVIEW OF CITY OF HUTCHINSON COMPENSATION PLAN 2 CITY COUNCIL AGENDA - NOVEMBER 27, 2007 . Action - 10. NEW BUSINESS (a) RECONSIDERATION OF RESOLUTION NO. 13293- RESOLUTION REAFFIRMING CITY COUNCIL LIMITS IN THE ADMINISTRATION OF CITY AFFAIRS Action - Motion to reject - Motion to approve (b) DISCUSSION OF SUMP PUMP INSPECTION PROGRAM SUMMARY No action. (c) DISCUSSION OF AIRPORT HANGAR INSURANCE REQUIREMENTS Action - (d) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 07-0486 - AN ORDINANCE AUTHORIZING THE SALE OF MUNICIP ALLY-OWNED REAL PROPERTY LOCATED IN THE CITY OF HUTCHINSON (CENEX DEAL) (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR DECEMBER 11, 2007) Action - Motion to reject - Motion to approve 11. MISCELLANEOUS .. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS 13. ADJOURN . 3 . MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 13,2007 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Kay Peterson, Jim Haugen and Casey Stotts. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sehorn, City Attorney. 2. INVOCATION - Rev. Kevin Oster, Our Savior's Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF OCTOBER 23,2007 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 1. BUILDING DEP ARTMENT MONTHLY REPORT FOR OCTOBER 2007 . 2. FIRE DEPARTMENT MONTHLY REPORT FOR OCTOBER 2007 3. EDA BOARD MINUTES FROM SEPTEMBER 28, 2007 4. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR SEPTEMBER 2007 5. HUTCHINSON UTILmES COMMISSION FINANCIAL REPORT FOR SEPTEMBER 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13291 - RESOLUTION FOR PURCHASE (BAG FILM) 2. ORDINANCE NO. 07-0480 - AN ORDINANCE VACATING DRAINAGE AND UTILITY ~SEMENTS IN BLOCK 2, GOEBEL'S ADDITION BETWEEN LOTS 4 AND 5 (1020 AND 1030- 5 AVENUE SE) (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 07-0481 - AN ORDINANCE VACATING DRAINAGE AND UTILITY ~SEMENTS IN LOT 2, BLOCK 2, HUTCHINSON FIFTH AVENUE INDISTRIAL PARK (1150- 5 AVENUE SE) REQUESTED BY HUTCHINSON EDA (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF IMPLEMENTING 2008 CEMETERY RATES (d) APPOINTMENT OF LOUISE JESSEN TO SENIOR ADVISORY BOARD TO JANUARY 2010 (UNEXPIRED TERM OF BOB COGLEY) (e ) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS _ CHANGE ORDER NO.9 - LETTING NO.2, PROJECT NO. 06-02 (WATER TREATMENT PLANT) CHANGE ORDER NO. 2 - LETTING NO.2, PROJECT NO. 07-02 (HUTCHINSON DAM . 5' Ca..') CITY COUNCIL MINUTES - NOVEMBER I3, 2007 . REPLACEMENT) _ CHANGEORDERNO.2-LETTlNGNO.11,PROJECTNO.05-13(WATER TREATMENT PLANT BIOLOGICAL TREATMENT SYSTEM) (1) CONSIDERATION FOR APPROVAL OF REVISED ASSESSMENT ROLL NO. 5083 - CORNERSTONE COMMONS (g) CONSIDERATION FOR APPROVAL OF ACTIVATION OF DEFERRED ASSESSMENTS (SAS059E & SA5079C) (h) CONSIDERATION FOR APPROVAL OF GOPHER CAMPFIRE SANCTUARY IMPROVEMENTS FUNDING SOURCE (i) CONSIDERATION FOR APPROVAL OF BOAT LANDING IMPROVEMENT AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES G) CONSIDERATION FOR APPROVAL OF PARTNERSHIP CONTRACT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION . Item 6( e) was pulled for separate discussion. Motion by Stotts, second by Peterson, to approve consent agenda with the exception ofItem 6( e). Motion carried unanimously. Item 6(e) was discussed. Change Order No.9 - Letting No.2, Project No. 06-02 and Change Order No.2, Letting No. 11 were pulled for consideration as one of the parties requested that they be reformatted and considered at a later meeting. Motion by Peterson, second by Haugen, to approve Chan~e Order No.2, Letting No.2, Project No. 07-02 for the Hutchinson Dam Replacement project. Motion carned unanimously. Motion by Arndt, second by Haugen, to table the other two change orders. Motion carried unanimously. 7. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION OF ANNEXATION OF APPROXIMATELY 43 ACRES LOCATED AT THE NORTHWEST CORNER OF JEFFERSON ROAD AND COUNTY ROAD 8 FOR CITY OF HUTCHlNSON/HUTCHlNSON AREA HEALTH CARE FOR A SENIOR HOUSING CAMPUS . Rebecca Bowers, P1anninglZonin~ui1ding Director, presented before the Council. The request before the Council is to annex property that IS currently located in Hassan Valley township and borders the southem city limits. Ms. Bowers explained the annexation process and the described the proposed development plans. City utilities are available from Calgary Lane SE. Robert Anderson, Hassan Valley Township, presented before the Council. Mr. Anderson questioned if the entire 43 acres would be for senior housing or if part of it would be part of a private development. MaryEllen Wells, CEO ofHAHC, presented before the Council. Ms. Wells explained that the fust stage of the project is to build a new nursing home and then a senior "town center". Following that, various types of semor housing are proposed to be developed. John Lietz, 1540 South Jefferson Road, presented before the Council. Mr. Lietz questioned what will happen to the property directly south ofhim and west across the road. Mr. Lietz voiced concerns about the property not being maintained appropriately until the area is developed. Ms. Wells explained that hospital mamtenance takes pride in their property and will continue to maintain all their property appropriately. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. 2 6(0-.) CITY COUNCIL MINUTES - NOVEMBER 13, 2007 . Motion by Arndt, second by Peterson, to waive fIrst reading and set second reading and adoption of Ordinance No. 07-0484 for November 27, 2007. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 07-0482-ARENTALREGISTRATION AND INSPECTION ORDINANCE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR NOVEMBER 27, 2007) . Brad Emans, Fire Chief, presented before the Council. Chief Emans reviewed the proposed ordinance, noting some key items such as having a property manager that resides within 50 miles of the proPer:o/ and exemptions to the ordinance. ChiefEmans noted that all rental properties are proposed to be inspected ill the fIrst year and all rental properties are to be registered by March I, 2008. There is proposed to be a fee for registration/inspection which will be decided by the Council. Brandon Fraser, 1418 McDonald Drive, presented before the Council. Mr. Fraser asked that, if this ordinance is adopted, the lowest-cost program be implemented. Mr. Fraser noted that he feels the program fees should be based on the purpose of the program and not to cover budget shortfalls. Mr. Fraser noted that several items on the inspection sheet are in the control of the tenant and not just the property manager. General discussion was held regarding the pros and cons for landlords and tenants. Roland Ebent, 472 Hwy 7 East, presented before the Council. Mr. Ebent clarifIed that the inspections are for the rental units and not the unit that he resides in. Ar1an Aas, propeT!)' manager on Bradford Street, presented before the Council. Mr. Aas noted that he is not opposed to the ordillance but voiced that his hope is that once the units are inspected and approved, it would not have to be done annually. Mr. Aas also voiced some concerns with past inspections of his property. Motion by Peterson, second by Arndt, to close public hearing. Motion carried unanimously. Mayor Cook sug!?iested not charging a fee for the fIrst inspection. Council Member Peterson suggested charging the fust mspection however not annually. Brandon Fraser voiced concerns on passing on fees to renters. Motion by Peterson, second by Stotts, to waive first reading and set second reading and adoption of Ordinance No. 07-0482 for November 27, 2007. Motion carried unanimously. 8. COMMUNICATIONS. REOUESTS AND PETITIONS (a) UPDATE BY HUTCHINSON UTILITIES COMMISSION AND LANDFORM ON SITE AND EXTERIOR IMPROVEMENTS TO POWER PLANT SITE LOCATED AT THE INTERSECTION OF HWY 15 & HWY7 Carolyn Krahl, Landform Engineering, presented before the Council. Ms. Krahl explained that updates are proposed to be made to the power plant located at the intersection ofHwy 7 and Hwy 15. Landscaping, screening, fencins, and open space amenities are included as part of the improvements. Landform and Hutchinson Utilities Commission has been working with the city's parks department in developing some of the improvement plans. The project is two-phase, with the fIrst phase beginning construction this summer and phase two beginning the following summer. (b) DISCUSSION OF SMOKING ORDINANCE IN RELATIONSHIP TO HOTELSIMOTELS - BRAD JACOBSON . Brad Jacobson, AmericInn manager, presented before the Council. Mr. Jacobson expressed to the Council that the hotelJmote1 setting is different than other workplaces, such as restaurants. Mr. Jacobson also noted that the hotels/motels in town pay a 3% lodging tax that goes to the city and supports the Convention & 3 5(0-\ CITY COUNCIL MINUTES - NOVEMBER I3, 2007 . . Visitors Bureau that markets the city. Mr. Jacobson noted that the hotellmotel business has faltered in sales dollars due to the smoke-free workplace ordinance. He noted that specific customers have discontinued staying in Hutchinson and are staying in Litchfield due to the smoke-free workplace ordinance. Mr. Jacobson commented on "dead" smoke versus "active" smoke. Mr. Jacobson also commented on the privacy that room renters are entitled to. Mr. Jacobson also noted that he feels that hote1s/motels may be at a higher risk for hazards due to no smoking paraphernalia being made available. Mr. Jacobson also expressed that he is in the business of hospitality and the motel business does not come across hospitable when they are telling smokers not to smoke at his motel. Mr. Jacobson offered ideas to assist the hotels/motels in rentIng smoking rooms, such as hepafilters in smoking rooms, offering 10% of rooms as smoking rooms, venting in each smoking room, asking for housekeeping staff to volunteer to clean smoking rooms. Mr. Jacobson did mention that all areas of the motel are smoke-free other than the rooms themselves. Becky Felling, McLeod County Public Health, presented before the Council. Ms. Felling noted that the research her agency has found IS that the carcinogens remain in the air for several days. Mayor Cook noted that at this time he prefers to leave the ordinance as is. Council Member Peterson stated that she does not understand why the City's ordinance does not mirror the state law that allows hotels/motels to have smoking rooms. Bill Corby, President of Chamber ofCommerce/CVB, presented before the Council. Mr. Corby noted that he supports the hotellmotel property managers present tonight. Mr. Corby also expressed that he feels Hutchinson may be at a competitive disadvantage with not offering smoking rooms at the motels in Hutchinson. Council Member Arndt noted that he has concerns about allowing a variance, which may invite a domino effect to other establishments requesting a variance. Motion by Peterson, to amend the city's ordinance to mirror the state's ordinance allowing smoking, second by Haugen. Roll call: Haugen - aye; Arndt - nay; Peterson - aye; Stotts - nay; Cook - nay. Motion failed 3 to 2. 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) REVIEW OF CITY OF HUTCHINSON COMPENSATION PLAN . Motion by Haugen, second by Peterson, to table the review of the compensation plan. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF UTILITY SERVICE EXTENSION TO EDA-OWNED LOT Kent Exner, City Enginei' presented before the Council. Mr. Exner explained that the Charter school is currently being built on 5 A venue and the EDA is requesting that utilities be extended to the lot they own and to the Charter schoo11ot. Motion by Arndt, second by Hau~en, to approve utility extension to EDA-owned lot, located at 1020 5th Avenue SE. Motion carried unammous1y. (c) CONSIDERATION FOR APPROV AL OF WATER TREATMENT PLANT ENGINEERING SERVICES AGREEMENT AMENDMENT WITH EARTHTECH Kent Exner, City Engineer, presented before the Council. The timeframe of the construction of the water treatment f1ant has been extended to include the need to address unanticipated conditions, improve operationa simplicity and enhance overall effectiveness. Due to these matters, EarthTech has had to increase their administration and inspection efforts beyond the original project scope period of 18 months. 4 6(0.) CITY COUNCIL MINUTES - NOVEMBER I3, 2007 . . . Earth Tech has formally requested that the City consider an approval of additional fees to address the revised project scope and timeframe in the amount of$208,400.oo. The !l{>proval of this contract amendment would provide required services, including construction administrahon and part-time on-site construction observation, based on major construction activities completed by February and final project close-out occurring by May 15,2008. The funds for these additional costs can be covered from the PFA loan thatthe City acquired from the State of Minnesota. Motion by Stotts, second by Cook, to approve water treatment plant engineering services agreement amendment with EarthTech. Motion carned unanimously. (d) CONSIDERATION FOR APPROVAL OF MEMBERSHIP TO COALmON OF GREA TERMINNESOTA CITIES FOR 2008 Mayor Cook noted that this item was tabled from the last meeting due to a 2-2 vote. The Coalition of Greater Minnesota Cities has provided additional information outlining the support they provide to cities. Motion by Stotts, second by Peterson, to reject membership into the Coalition of Greater Minnesota Cities. Council Member Hau~en noted that he feels there is very strong value in joining the Coalition however he has concerns on how It will be funded. Roll call vote was taken: Haugen - nay; Arndt - nay; Peterson- aye; Stotts - aye; Cook - nay. Motion failed 2 to 3. ( e) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13292- RESOLUTION ESTABLISHING A POLICY AND GUIDELINES FOR THE USE OF ELECTRONIC COMMUNICATIONS BETWEEN CITY COUNCIL MEMBERS Motion by Peterson, second by Stotts, to approve Resolution No. 13292. Mayor Cook noted that state law does allow for electronic communication and he stressed how the proposed Resolution mandates that all communications go through the city administrator. Council Member Stotts noted that, as part of the policy, he would like the option orthe city administrator to forward one council member's email to all other council members so that all are aware of a question or an idea. Roll call vote was taken: Haugen - aye; Arndt - aye; Peterson - aye; Stotts - aye; Cook - nay. Motion carried 4 to 1. (1) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13293- RESOLUTION REAFFIRMING CITY COUNCIL LIMITS IN THE ADMINISTRA nON OF CITY AFFAIRS Motion by Peterson, second by Stotts, to approve Resolution No. 13293. Motion carried unanimously. > (g) CONSIDERATION FOR APPROVAL OF SETTING PUBLIC MEETING WITH "MCLEOD COUNTY FOR TOMORROW" FOR NOVEMBER 29, 2007, AT 7:00 P.M. IN THE COMMISSIONERS BOARD ROOM AT THE MCLEOD COUNTY COURTHOUSE Motion by Haugen, second by Stotts, to set public meeting with "McLeod County for Tomorrow" for November 29, 2007, at 7 :00 p.m. in the Commissioners' Board Room at the McLeod County Courthouse. Motion carried unanimously. (h) CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION FOR THE NORTHEAST TRUNK STORM SEWER PHASE 2 PROJECT Kent Exner, City Engineer, noted that the City received the appraisal from the property owner and staff feels that a second appraisal should be sought before further discussing this matter. Motion by Arndt, second by Haugen, to table this matter. Motion carried unanimously. 11. MISCELLANEOUS Motion by Haugen, second by Peterson, to set budget workshop for November 27, 2007, at 4:00 p.m. Motion carried unanimously. 5 6(tA) CITY COUNCIL MINUTES - NOVEMBER 13, 2007 . Tara Russell, 1670 South Grade Road, presented before the Council. Ms. Russell suggested putting in place a mandatory recycling ordinance for businesses. Jim Haugen - Council Member Haugen spoke about the dam project and potential clean up of the river. Bill Arndt - Council Member Arndt commented on 5th Avenue being closed due to cutting in the street. Mr. Arndt asked if the cutting could be postponed until next week to allow for the buses to get through. Gary Plotz - Mr. Plotz noted that a meeting was held with representatives from the City of Glencoe, McLeod County Board, city/county engineers and Hutchinson and Glencoe EDA Directors. Topics covered were Hwy 212, County EDA and alternative energy projects. Discussion was also held in regard to lobbying the area's state representatives. Mayor Cook - Mayor Cook noted that a resolution needs to be made as to how to handle airport liability insurance. Marc Sehorn, City Attorney, noted that he had found that Wi1lmar requires additional insurance on hangar rentals and a waiver of claims against the City. More information should be forthcoming from A.J. Gallagher on how other cities handle this issue. Mayor Cook also updated on the Council on a mayors' group that is working on the LGA issue. Mayor Cook stated that he has put together a group to attend a policy governance session. The Chamber, County and School District will take part and he was able to obtain a commitment from the SWlF for $700. Total cost of the presentation is $2000 with the city's share being approximately $500. He will bring more information as to a date in the near future. Jim Haugen - Council Member Haugen also noted that he would like to have the bills paid as part of the consent agenda .. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Arndt, second by Peterson, to approve claims, appropriations and contract payments. Motion carried unanimously. 13. ADJOURN Motion by Arndt, second by Peterson, to adjourn at 8:45 p.m. Motion carried unanimously. . 6 6C 0.') Minutes ~utchinson Public Library Board September 24, 2fX)7 4:30 pm Member present Ahby Dahlquist, Ann Vance, Yvome Johnson, JCfl6t Vacek, John Paulsen, Guy Stone, M~ Henke (Ex- Officio) <I1d Jack Sandberg, Ploneerl~ Board Representative. Members Absent Kay Peterson. John called the meeting to order. Ann Vance moved to approve the minutes with Janet Vacek seconding the motion. Motion passed . Report Mary surrunarized the report from Jack Sandberg, representative to the Pioneer1and Libr~ Boa-d, from their September 20" meeting. It included information on budget planning and funding while factoring in possible trends in demographics and property values, currency of deliv8IY, and other informational items. The Hutchinson Public Library will receive about $5,000 more in funding than had been reqll8Sled. This additional funding may be used for sunvner staffing. . Old Business: 1. Benchmarks. An explanation of the information provided along with data (by population) for total circulation, total library visits, number of full-time employee equivalents, and electronic resources use per terminal was prepa-ed by Ann V<I1C6. This information was presented to the City of Hutchinson. Thanks to Ann for COfT'4)Iling and preparing this document 2. Community Forum. Janet spoke with Kate Selseth, Minnesota River hea Agency on Aging - Willmar. The MinnesOta Dep<rtment of Human Services is sponsoring, 'Transforming 2010: Prepaling for Minnesota's Age Wf1oIe'. They are going out to 1:>-14 sites to present this topic. Kate said she or one of her staff could do a presentation on the topic and will do it free of charge. She gf10le us a web site to look at concerning this endef1olor: www.dhs.stale.mn.uS/2010. The corT1l1lJllity forum will be on Tuesday, October 30 aI7:00 pm. We disclJSS6d how 10 publicize the event radio ads, newspaper, public health, church bulletins, Ridgewater College-activity direclor assistant program, senior dining, ood senior living facilities. Mary will prepare a bibiiography of materials concerning 'Aging Trends' 10 be available althe comlOOnity forum. New Business: 1, 'Minnesota Book Awa-df! money is f10Iailable for author visits. Libralies a-e eligible to apply for $500. Suggestions for a presentation in the spring: Na'lCY Paddock (poetry) from Litchfield or WIlliam Kent Krueger (Myst8IY Writer). We will call to find out if there is still funding for this Ye<Jl and will pursue funding for the spfing <I1d1or In the future. 2. Sherry Lund will come to the board meeting next month and do a 'wrap up' of the summer reading program. Meeting Adjourned. . Next Meeting: Monday, October 22, 2fX)7 at 4:30 pm. Respectfully submitted, Yvonne Johnson, Co-Secretary lo(tI-.') \ . , . . . Pioneer1and Library System Board September 20, 2007 Meeting Minutes The September, 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 Sue Hilgert and Shirley Schulte. Motion, Wangerin; second, Nelson to approve the agenda. Motion carried. Motion, Reckdahl; second, Reigstad to approve the June Board minutes. Motion carried. FINANCECOMMfITEE August Financial Report - motion to accept by Wangerin, second by Schweiss; motion carried. See attached Approval of Bills and check registers - motion to accept by Wangerin, second by Wilde; motion carried. See attached. Meals/Mileage Policy revisions - Motion to accept the policy, Wangerin, second by Hoyhtya. Motion carried. See attached. 2008 Health Insurance Rates - Southwest/South Central Cooperative has released Pioneerland's 2008 health insurance rates. PLS premiums are increasing 17.53%. The average pool rate was 18% with highs in the upper 30%. Under the provisions of the current union contract, the employee will be responsible for all ofthe 2008 increases in premiums. PLS is looking into an alternate plan due to the rate increases. We are allowed two plans. PLS State Aid/plans for 2007, 08, 09 - Director Houlahan gave a presentation. See attached handout. Motion by Wangerin, Second from Guggemos to allow the director to advertise for a new lIssistant director. Motion carried. MOE Resolution - Board member Wilde explained her proposed resolution and suggests that, due to the feedback received, PLS begin a dialogue with other library systems to find an alternate formula for MOE. Motion from Wilde, second from Reigstad to postpone the MOE resolution until the November meeting. See attached. PERSONNEL COMMITTEE New Hires - Motion from Reigstad, second from Hoyhtya to approve the following: Elizabeth Marcus, Library Assistant 1, Hutchinson Kaitlyn Garvin, Library Assistant 1, Hutchinson Victoria Lucht, Library Assistant 1, Willmar Motion carried. toe v..')7- . , . . . Job Descriptions - Changes to Multi-task Service Center Assistant, Processor, Cataloger, Technical Services Coordinator, Acquisitions/Cataloger, Interlibrary Loan Librarian, Accounting Manager were approved in the Personnel Committee with the changes of checking ADA compliance and the addition of "all other duties as assigned" under duties and responsibilities. The committee will now forward those descriptions to the finance committee to determine pay grade. Resignations and retirements - The board accepted the resignation of Stephanie Williams. The board also recognizes Diane Swee1y for her 20 years of dedicated service to Pioneerland. The head librarian position for Brownton has been posted. Brownton and McLeod County are currently in the 30 day period for deciding if they will retain the head librarian position. TECHNOLOGY COMMITTEE Hardware, Software and Network Policy - The committee approved the new Hardware, Software and Network Policy. It was presented to the board for a first reading. See attached. LMC COMMI1TEE Health Insurance - The LMC Committee met on August 28th and discussed the health insurance rate increases. Head Librarians are looking at an alternate plan. See "2008 Health Insurance Rates" above. STRATEGIC PLANNING COMMITfEE Board member Jack Sandberg asked if anyone had suggestions for changes to the plan that they should contact Director Hou1ahan. The plan will be submitted in November. Board member Guggemos requested a copy of the PLS committees. Committee descriptions will be handed out at the November meeting. The meeting was adjourned at 8:45. Recording secretary Stephanie Williams (plO\}'Z- . ~~ Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, October 16,2007,7:00 AM Minutes 1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Becky Felling, LaVonne Hansen and Joel Kraft. Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON SEPTEMBER 17,2007 Joel Kraft moved to approve the Minutes as written. La V onne Hansen seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. Becky Felling moved to approve the Financia1s Reports. LaVonne Hansen seconded and the motion carried unanimously. b. Jean Ward reviewed with the Board the Explanation of 2007 Proration Public Housing Operating Fund. . 4. PARK TOWERS a. Jean Ward reviewed with the Board the 2006 PHAS Score. b. Jean Ward reviewed updated the Board on the Park Towers Energy Challenge. The Utility Commission will be sending a crew to help put in CFL's in each apartment. c. Jean Ward reviewed with the Board the draft proposal to MHF A Preservation of Affordable Rental Investment Fund for Public Housing. Becky Felling moved to approve the proposal to MHF A Preservation of Affordable Rental Investment Fund for Public Housing. Joel Kraft seconded and the motion carried unanimously. d. Jean Ward reviewed with the Board the received RFP's for architect services. Joel Kraft moved to approve Widseth Smith Nolting RFP but to have Jean negotiate the contract to include the addition of caulking the windows to the project. Becky Felling seconded and the motion carried unanimously. 5. FRANKLIN GROVE EXPANDED REHAB PROJECT UPDATE Judy Flemming updated the Board on the progress of the program and the neighborhood meeting hold October 10th. 6. UPDATE ON THE SCHOOL CONSTRUCTION HOUSE Judy Flemming reviewed with the Board the cabinet proposals. Joel Kraft moved to approve the Hutchinson High School's proposal of $3,900 with change orders for student mistakes. La V onne Hansen seconded and the motion carried unanimously. 7. UPDATE BY REBECCA BOWERS ON HIGHWAY 7 STUDY Rebecca Bowers updated the Board on the Highway 7 Study. She also invited the Board to the Open House at the Event Center on November 1st at 6PM. 8. COMMUNICATIONS a. Low Loss Achievement Award . 9. ADJOURNMENT Becky Felling moved adjourn. Joel Kraft seconded. There being no other business, Chairman Casey Stotts declared the meeting adjourned. Recorded by Jean Ward, lIRA Executive Director &/J; ~~. Becky F~ing, Secretary/Treasurer October 16, 2007 Minutes Page 1 of! loC'^'\3 . MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 16, 2007 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. 1. The meeting was called to order by Chairman Lynn Otteson at 5:30 p.m. with the following members present: Chris Kovacic, Christie Rock, Mike Flaata, Jim Haugen and Chairman Otteson. Absent: John Lofdahl and Farid Currimbhoy Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated September 18, 2007 Mr. Flaata moved to approve the consent agenda as submitted. Seconded by Mr. Kovacic. The consent agenda was approved unanimously 4. PUBLIC HEARINGS . a) VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED IN BLOCK 2, GOEBEL'S ADDITION BETWEEN LOTS 4 AND 5 REQUESTED BY HUTCHINSON EDA Chairman Otteson opened the hearing at 5:34 p.m. with the reading of publication #7617 as published in the Hutchinson Leader on Thursday, October 4,2007. Ms. Bowers commented on the request by the Hutchinson EDA to vacate drainage and utility easements along the property line between lots 4 and 5 to allow for future development of the two lots as one site. She explained the easements were placed along the lot lines with the plat for Goebel's Addition. The City recently approved a similar request to vacate the easements along the center lot lines for construction of the Charter School property to the west. She stated the property will be most likely be replatted. Future actions will be required as the development moves forward. Staff recommends approval noting additional actions in the future. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 5:35 p.m. Ms. Rock made a motion to recommend approval of the request. Seconded by Mr. Kovicic, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held October 23, 2007, in the Council Chambers at 5:30 p.m. . b) VACATION OF A PORTION OF. THE DRAINAGE AND UTILITY EASEMENTS LOCATED IN LOT 2, BLOCK 2, HUTCHINSON FIFTH AVENUE INDUSTRIAL PARK REQUESTED BY HUTCHINSON EDA lD~Y'\ Minutes Planning Commission - October 16, 2007 Page 2 . . . 5. Chairman Otteson opened the hearing at 5:38 p.m. with the reading of publication #7617 as published in the Hutchinson Leader on Thursday, October 4,2007. Ms. Bowers explained the request by the Hutchinson EDA to vacate a portion of an existing drainage and utility easement to allow oonstruction of additional parking on the southerly portion of the site. She reviewed the location of the property. She explained the 50 foot strip is to be vacated for parking. Staff reviewed the request in relationship to the pond and reoommended approval. Mr. Exner oommented on the past location of the easement and pond area. He approves the vacation proposal. He stated the outlet goes to the County ditch. The drainage in the area has been ooordinated with the County. Mr. Kovacic made a motion to close the hearing. Seoonded by Ms. Rock the hearing closed at 5:41 p.m. Ms. Rock made a motion to reoommend approval of the request. Seoonded by Mr. Flaata, the motion carried unanimously. This item will be placed on the City Council oonsent agenda at their meeting held October 23. 2007, in the Council Chambers at 5:30 p.m. NEW BUSINESS Ms. Bowers reported there may need to be a change in meeting date for the December meeting due to the holidays in order to finish the Highway 7 Corridor study before the end of December. Staff will oontact Commissioners with possible dates. Ms. Bowers reminded the oommissioners that the open house for the Hwy 7 Study will be held on November 1, 2007. Mr. Flaata moved to set the November 1st open house as a meeting. Seoonded by Mr. Kovacic the motion carried unanimously. 6. OLD BUSINESS There was discussion on the joint meeting with the City Council and the consultant's feedback regarding direction to the planning oommissioners on the Hwy 7 Study area. Ms. Bowers stated there will need to be a oomprehensive plan update along with Zoning Ordinance revisions. She stated that work ooncerning the moratorium area will be done first quarter of 2008, however the implementation of over-all zoning amendments will take time over the next year. The work plan will be done in January. 7. COMMUNICATION FROM STAFF 8. ADJOURNMENT There being no further business the meeting adjourned at 5:53 p.m. loCo- ')1..\ ~C~'~. -J----r--- _;OOlITY 6F~lHiNSoNFlfo~~~1AL f{Ejo:~-=-~~--~c~~i I REVENUE REPORT-GENERAL. .t_OCTOBE~~. OCTOBER .v~RTOi _ADOpi~D! BALANCE ERCENTAG.g] I I . YTD MONTH DATE ACTUALi BUDGET REMAINING '---USE'D! ~~st= J-~- . 67::~~f~1'1~583oo. 1.7i~:~~~~~r3'8~~~r~~T2'01~~~:~~_ :~~i1 ~MITSAND FEES f.- .'t--396,470.1ii _18.880.39' u 254.392.14 1-320)0000+-- 66.307.lle 79.32%1 IINTERGOVERNMENTAL REVENUE .1.7~0,003.~7 ,..145,277.96_.1,722.69.732 i_ b 7~<l51.oo__1.041. 753.68 ... 62.32% I ,CHARG_ES FOR SERVIC~.S _ ~.474.33 J._91.015.82,L105,487.0~.... 1.~. 90.312.c00 L_5~.824.98 65.40%! ~'FINES & FORF,ElILL. _.I _~.4350.9...L.. 3.lle\l~3.J 39219.1668.000.00 L _28.480.84 58.12%1 INTEREST. Y. .. I (5.849.57)1 3.967.84, 20.908.89 70.00000-+.- 49.091.11 2987%1' ,B~IMBURSE'-1ENTS ~ . -=r-246.817.f!-l_-(4.0152.ol -30.7,07667_: --290:116.00..1.. ~ (i6,_960~67) --10585% TRANSFERS... ...J~1.()3.4,O_.7 __ 4..032,12 _ _ 5.80.077_8~ I 1.673.1 OQ 00 J..J.,093,022.12..j 34.67% i SURCHARGES _ BLDGPERMrrs_ . 1,789.76. ~02.82 _ 734,85 I _ _5oo,QQ, _ (234.85)1_ :'9'" ~_= . _ f'~'i-~-""'l'M-""'" i"~'Ml",,'OO"'. "~'i o"o=;t=\-,;#rr'''''~~'''''''''!f,W'' ,.'~ _. ~oj EXPENSE REPORT. GENERAL.-' ,iemBER'- -OCTOBER YEAR Tol .. ADOPTED - -BiliNCE ERceNfAGEI 003 ELECTIONS 1 _ _.-'--.13,161.44_ _ _ 4..60__. . 720.00Ium 2.c31.5.oo_._ 1.655fi=00 _30.32% ::: ~:;~~~';'i""" .=8" ~;:.~ ;.5.1..~..~ 1-.' '. r4 :.:~. .~.~....~. --i~~. :n}~~...1 n 2584. 0......1.:.~.~.-..~. ~J -. .1~~. :64:~~~.. ~..~. ~.Vo ~ ~~~~~'NG_+-__ - n 1~;:~~~~Hn-n:~~~ i-1~~~~~~~ : n'2~1:~~:661-48+:~.~~t _1'~.~~~\ ~ ,~,",'G-.t ..- .. "'.'''''''.. ".~:" ',,,,,,,,,, --'j""o:oo.I-",,,,,~~:: ".~.I . ~f€~~i~J;~~l~t:~".'=-I-,,!:!r~~i'~l{.;[.:i !.:: ..2%fHY. .!~. I. ~~~:r~~~.~. t~-5~1H.:.~)-'n_. J.}.!i~ L116SAFETYCOMMlrr~_. . n 16,53~~: I _..4.600.OQ;.. 16,705.65 2.0..37500__ ...J..6.69.:l5 _9181%1 1120 FIRE DEPARTMENT 384.879.46 t 51.704.10 I 386.96816 434.510.00 .. 47,541.84 . 89.06%~ "130 PROTECTIVE fNSPECTI.O.N. .S.... +177. .7.'32.04-..-. 23. ,6.1.-.4....03...." ... 1-.96.,.417.17'; ...26'7.-'35.9~0~.0.f - .70.94..1..83-. . .73..47%.1 150 ENGINEERING I - n t::.:: 422;13s~21.. 49,045.95 .~87.464,95 !. 607~2.i8oo- 219.753~04-'::_6381%' 152 STREETS & ALLEYS 953.019.19: 153.524.38 i 1.258.573.35J 1.268.242.00 11.668.65 99.08% 160 CITY HALL BUILDING '---r--115.5i9.691 ~.s44.43';- 100,171.031-- 155,499.00 . 55.327.97 64.42% 201 PARKlRE;CREATI. ON ADMIN.'.ist 158,440.63 t... -21.77.4.~o\.3 t167,~2255. ' n 262.5.. 57.00 .."-"34,934.35 -82.75% 202~ECREA~. 1.82.303.81_ 12.927.21j....2.11,092c<l5 _.207.970.00 _l3,122.~_...J.Q1.,?o~ 203..S.. ENIOR CITIZEN CENTER._ _12.&.2_4.7.1.'_.. ..5...,944._.. .6. 1 .... ....6..5.82..9.26.1 _ ..5 9.397 .O~ .. (6,.432.26).'-. ...1.10.83 %..1 : 204 CIVIC ARENA 1___ . _ 248,619.1.5 ! ~~910.34 235.145,541.2_99.265.00 -_~.119.461=- ._ 78.57%. 205 PARK DEPARTMENT.. ..6.5.9,1.5..127. ._ .7.4.129,67+_ 683.079. 78 I' 831.579,00 148,499.2.2... _......82. 1.4%:1 206 RECR.EATlON BUIUJING & P.01= 9.7.160.94. l-. ..7.5_23.92\. 11..3.,227.58... '. .134...<150_.00 ~22 .44 . _.84. .2201. 207_ EVEN.TS CENTEB_..... .J.95,22 9. .m59.. .21~50\6.44 11..94.683.9_7 ...2..34,410.00. .'_ 1.9,72 6.03-1 _....... 83.05'&... 208 EVERGREENBUILDINGn.10.811.34._.770.71.L._.10.055.72, _ 16,000.OQl__5,944.~__. .5..2...85%1 ! i~~ g!~1i~0ICE t- .- .::' ~~!~ij~'~ ~.. 19:~~~.~1tl~~.~l'. 11t~~iJ--~H~~t-3H~i! ~ ~:~,m!b~:"~~~ENE~~5~~:i~~~~I.l~~:~~.~~E5~~:i~f~~li~~~~~6:~-- . 1:6:~~;6k:_ ... :~.~~ L_~llQI~I,_nL ._____ _J~.2a8,474,091 . 1,243.274,678,9.10.26817. .10.726.244.o0j1.~1_5..9Z5~L__ 83.0~. . (0(0-.";)'5 OCTO~O:~ -~I--=;~1l6 criY::-tiF ~~fHiN~6N!,~~~~AL~EP-6~tir-=--:-=--~~007 - -~-==i ~"~T"".""- .... p..~I"o~::...",=I_^~~:i-~~~~"":::'~ L1CENSSES 1-.. ::}~~-==~11.7::~;~{~r-- 1,s&~f 1.7~~~~~~tJ,8::~3~l~cO~::::~ t-- .:;:~~ PERMITS AND FEES .. -- ._396-;-470.1]1_ :1 8.1l8()39254~392.14 L-320.7oo.CXL~"--- e6.307~B6&- _. J932%j INTERGOVERNMENTAL REVENUE. 1 1 1,,7~0"003..87.. .._1~S,27..7. .96.... 1.72._2,6~~3.2. :2.7.64.. ,4.S1.~00ju....1,o.41..7S3.68 _. _.. 6~:l2%' CHARGES FOR SERVlCES__--==-". _j.__1.1 05. .474.~ 3.- ,_ 91. ,015,82.-.. 1,1..0. S,48.7..02. _~ 1.690.~3. .12.0-0.. _ .-. 564. ,~4.98 _u 6.5.40% 'I' FINES & FORFEIT~=t. _ __ __3B,43S.()~i3.66963:. 39.S19c16 i68.ooO()()t.__ 2.!l,480.B4_ ~,120>i INTEREST 1 .__ ._.__ _ (S.649.S7)i 3.967.64 20.908.891 70.000.00_ 49.09UJ. ' _ 29.87%' REIMBURSEMENTS. _____ .----'-_2415,617.1_7.I' -':--",,0152Ql ... 307'ol66i :_290.116.ooL__(1.8~96067. _ 105,85%1 TRANSFERS._. 821,034.07 4.032.121 580.077.881 1.673.100.00 . 1.093,022.12 34.67%1 SURCHARGES _ BloG PERMITS I. _ 1,789.76 -=--6028~ _.::. 734 8~C . _ :500 06~ un - (23"~8S) . u . 0 00%, TOTAl__E__~-----:--F6.12S,810.23 ....1.6S:~~181-S.858.J34 _64~-10~~2-6,244 00 t:~8~.S09.36 _ _ ~ 62%', 2007 ~--j - --\- -~- ~ 1 - ~ L- -, -- .! OCTOBER I .-----t- -2006 ~- 20071- '1007'- ---wo~- - 2oof;' OCTOBERI EXPENSE REPO~r. - GENERAL _~.-= OCTOBER OCTOBER ____ YEAR TOI :: _ ADOPT~~L:::::. BAlANCEfERCENTA.GID SUMMARlZED'--- YTD MONTH1DATE ACTUAL BUDGET REMAININGl_ USEDI ~neraiGovt. --t--- - ... ~(50S'4OO~i~1 .2~~~04S0S~-1.6~~,i;~;:' -~;~8.95e0~f-383~7312i 81~~~\ Ii'~biic safety. . .--. _.-. '. -- un.. 2.83S.272.~:i . -3.98.9.' 88 .01.. !-.3....0!.6::..i3....2.3Q i -:i,~0.8 3700. -644,1.04.. :70.... e2A1% Slreets&AIleys__ _ __ 1.37S,1S7,44I___~Q2.S.7~33i 1.644,Q38.31.i. 1,B7S,460.00...j_ 231,421-,-~_ 81.~'Yo. ~~:I~~=~atio"- ___~_ ,..1,~~~~~~:~~j ~:~~~~!- 1'~B~~~~ i .2.::~~;~ I ~~~:~~~ 1.--: ~~:~~:1 . . . f"- r ."..i<..I"~V'.i, .".-'" "n.'Moo1 ~""'~1::-""%1 I -.1-- .. =.I--=-. -~-1-. : .-:t-;: -- --..j ~~-=-I~~=-f-~-_-~_- - 1= ~~iu~~-~~ . 1oCo.JS CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT . 2D-Nov-07 October 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 Bamey 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 ul 6.000% 06/29/07 06/27/14 500,000.00 step up First Minnesota Certiflcate of Deposit 5.180% 02/20/07 03/13/08 400,000.00 First Minnesota Certificate of Deposit 4.650% 11/21/06 11/21/07 750,000.00 Mid Minnesota Certlf\cato 01 Depoo' 5.100% 10/26/07 11/13/08 500,000.00 First Minnesota Certit'lcate of Deposit 4.950% 10/31/07 01/15/09 500,000.00 $8,770,375.00 . Co(tA.')l.t> RESOLUTION NO. 13302 CITY OF HUTCHINSON . RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase ofthe following: ITEM COST PURPOSE DEPT. BUDGET VENDOR 2cuft Florida Cypress 16,632.00 Resale Creekside Yes Oldcastle Lawn & Garden 7,200 South 12.480 2 cuft various 31,496.1 0 Resale Creekside Yes National Bark Sales bags of bark nuggets .e following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR 7,50 I gal Biodiese1 24,336.35 MnDot, County & City HATS YES Schmeling Oil vehicle use rotion Made By: Seconded By: Resolution submitted for Council action Kenneth B. Merrill by: Finance Director Date Approved: November 27, 2007 (0(10 ') \ . . . RESOLUTION NO. 13303 ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO. WHEREAS, Citizens Bank & Trust Co, Hutchinson a city depository, has requested the following security be added under the collateral agreement with the City of Hutchinson: FBLN 10-01-2012 cusip 3133xmef4 $1,000,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Finance Director be authorized to accept the security effective November 8, 2007. Adopted by the City Council this 27rd day of November 2007. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator loG'.?J'L ORDINANCE NO. 07-0482 . AN ORDINANCE REGULATING RENTAL UNIT REGISTRATION AND INSPECTION Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. . 13. 14. 15. 16. 17. 18. 19. 1. The Council of the City of Hutchinson does hereby ordain: RENTAL UNIT REGISTRATION Purpose Definitions Registration Requirements Exemptions Registration Renewal Transfer of Property Posting of Registration Fees Maintenance of Records Maintenance Standards Inspections and Investigations Failure to Grant Registration, Revocation, Suspension or Failure to Renew a Registration Summary Action Applicable Laws Violations, Injunctive Relief Penalties Written Notice Effective Date Severability Clause PURPOSE AND FINDINGS Subdivision 1. The City Council of the City of Hutchinson finds that there is a need for periodic municipal inspection ofresidentia1 rental units in the City to ensure that such units meet City and State safety, health, fire and zoning laws and codes in order to promote the public health, safety and welfare ofthe community at large and the residents of rental units within the City. . Subdivision 2. The City Council of the City of Hutchinson finds that a municipal registration program is appropriate to effectively enforce residential rental unit maintenance standards and correct or prevent law violations, nuisances and other disturbances and disorders involving residential rental units within this City. Subdivision 3. The City Council of the City of Hutchinson finds that an effective means of implementing the foregoing registration of all residential rental units with the City and inspection of I (oCto') 3 . . . such units from time to time as determined appropriate in the exercise of discretion by staff and personnel of the City and in response to complaints involving such units. 2. DEFINITIONS: For purposes of this Ordinance, the following definitions shall apply; Subdivision I. Rental Unit or Residential Rental Unit means any house, apartment, condominium, townhouse, manufactured home, mobile home, mobile or manufactured home lot, room, or group of rooms, constituting or located within, a dwelling and forming a habitable unit. Subdivision 2. Dwelling means any building or other permanent or temporary structure, including a manufactured or mobile home which is wholly or partly used, or intended to be used, for living or sleeping by human occupants. Subdivision 3. Rent, Lease, Let or Sublet means the leasing of a rental unit to a non-owner for a fixed or non-fixed period of time, and shall include installment sales, purchases, and other similar arrangements whereby nonpayment of a periodic payment means the occupants may be evicted without the necessity of either a statutory mortgage foreclosure procedure, a statutory termination of contract for deed procedure, or a statutory repossession procedure. Subdivision 4. Shall and must as used in this Ordinance are each mandatory. Should and may as used in this Ordinance are each permissive or directory. Subdivision 5. Administrator means the City Administrator or their designee. Subdivision 6. Registration Holder means a person or entity that is the owner of record according to the records on file with McLeod County, Minnesota Subdivision 7. Local Property Manager means a natural person residing within 50 miles of the City of Hutchinson who is authorized by the rental unit owner to make decisions for the owner about rental, occupancy and maintenance of the rental unit. 3. REGISTRATION REQUIREMENTS: Subdivision 1. No person or entity may hereafter occupy, allow to be occupied or rent, lease, let or sub-let a rental unit, to another person or entity for occupancy unless that rental unit is registered for occupancy pursuant to a valid and current rental unit registration issued by the Hutchinson City Administrator. Subdivision 2. Each rental unit must have an owner, or Local Property Manager designated by the owner, who resides within 50 miles of the City of Hutchinson. Subdivision 3. All rental agreements or leases used to rent, let, lease or sub-let any rental unit to another person or entity for occupancy shall include and incorporate by reference, as a condition of the occupancy or tenancy, all of terms, provisions and requirements of Sections 7, 10, 11, 12, 13, 14, 15, and 16 of this ordinance. All tenants or other occupants under any rental agreements or leases used to rent, let lease or sub-let any rental unit shall be provided a written notice that the terms of the 2 LoCIo)3 . . . rental agreement or lease include and incorporate all ofthetenns, provisions and requirements of Sections 7, 10, 11, 12, 13, 14, 15, and 16 of this ordinance and such written notice shall recite verbatim the terms, provisions and requirements of Sections 7,10,11,12,13,14,15, and 16 of this ordinance. Subdivision 4. Any person or entity desiring to rent, let, lease or sub-let to another any rental unit shall apply for registration by using fonns furnished by the Administrator for that purpose. The fonns must provide information required by the Administrator, including the following: A. Name, address, phone number (and FAX number, if owner has one) of the property owner. B. Name, address, phone number (and FAX number, if manager has one) of a designated Local Property Manger. C. The street address ofthe rental property. D. The number and types of units within the rental property (dwelling units or sleeping rooms). E. The maximum number of occupants permitted for each dwelling unit or sleeping room. F. The name, phone number, FAX number and address of the person authorized to make, or order, made repairs or services for the property if in violation of City or State codes, if the person is different than the owner or Local Property Manager. G. A list of the names of all residents of the premises which will be updated by the local property manager or registration holder. 4. EXEMPTIONS: This Ordinance does not apply to units owned, operated or managed by a governmental entity or agency, hospital units or rooms, nursing homes, retirement homes or other similar rental space which is otherwise registered by the State of Minnesota or the City of Hutchinson if 100% of the units are agency inspected on a yearly basis or licensed and inspected by the State of Minnesota. 5. MANNER OF REGISTRATION RENEWAL: The fust registration of property must be done by March 1, 2008. The City will annually mail registration renewal forms to rental unit owners or their designated Local Property Managers on or about January 1 st of each year. Registration renewal fonns must be delivered to the City Administrator or their designee no later than March I st of each year. Failure of the City to mail renewal forms and failure of an owner or Local Property Manager to receive a renewal form, does not excuse or waive the registration required by this Ordinance. 3 l.DCb') 3 . . . 6. TRANSFER OF PROPERTY: Every new owner of a rental unit, whether fee owner or contract purchases, shall furnish to the City Administrator or their designee the new owner's name, address, phone number and fax number and the name, address, phone number and fax number of the new owner's designated Local Property Manager before taking possession of the rental property upon closing the transaction. No new registration fee is to be required of the new owner during the year in which such possession takes place, provided that the previous owner has paid all registration fees and has complied with all requirements of this Ordinance, State law and corrected any violations of health, zoning, fire or safety codes of the City or State law. If any change in the type of occupancy as originally registered is contemplated by the new owner, a new registration application will be required. 7. POSTING OF REGISTRATION: Each rental unit registration holder must post the rental unit registration in a conspicuous spot near the front entry to the rental unit in a public corridor, hallway or lobby, must retain a copy of the rental unit registration on file and must be able to produce said copy upon demand. Failure to post the registration and keep the registration posted is a misdemeanor, and may be grounds for termination of registration. 8. FEES: The fees for rental unit registration, registration renewal, late fees and inspection will be set by the City Council in the ordinance adopting the City's fee schedule. Failure to pay appropriate fees will result in the City assessing such amounts to the property value through the County. 9. MAINTENANCE OF RECORDS: All records, files and documents pertaining to rental unit registration and rental unit inspections may be obtained by the City Administrator or their designee and will be available to the public as allowed, permitted or required by State Law or City Ordinance. 10. MAINTENANCE STANDARDS: Every rental unit must be maintained in compliance with the, dwelling maintenance standards, blight ordinance and noise ordinance ofthe City of Hutchinson, State of Minnesota nuisance statutes, State of Minnesota dwelling maintenance standards, State of Minnesota health code, and State of Minnesota fire code, respectively as now in force and hereafter amended, revised or replaced, and in compliance with all other standards, ordinances, laws and regulations governing use, occupancy, construction and maintenance of property and conduct of persons in or on that property. Rental unit registration does not constitute certification of compliance with such codes, standards, ordinances or statutes by the City of Hutchinson. 11. INSPECTIONS AND INVESTIGATIONS: 4 loLb) ~ All Inspections will be completed by the Fire Chief or their designee, so as all inspections will be completed in a uniform manner. . Subdivision 1. Law Enforcement, the City Building Official, and the City of Hutchinson respective designees and representatives, are hereby authorized to make inspections reasonably necessary to the enforcement of this Ordinance. Subdivision 2. All persons authorized herein to inspect shall have the authority to enter, with seven days notice to the registration holder or property manager any rental unit or structure containing a rental unit, registered or required to be registered, for the purpose of enforcing this Ordinance. All Registration Holders shall, as a condition of registration, consent to such entries for inspection without warrant and all Registration Holders shall include, as a condition of any lease or rental agreement with any tenant or occupant, that such tenants or occupants consent to such entries for inspection without warrant. This subdivision does not limit or preclude any other right of entry authorized by law. Subdivision 3. Written notice of a violation of this ordinance may be given to the Registration Holder by First Class mail directed to the address of the Registration Holder as shown by the Administrator's registration application file. Said notice may contain a Compliance Order stating that compliance with this ordinance shall be made immediately and, in that case, the notice shall advise the Registration Holder that the property may be re-inspected at a time to be determined by the person conducting the inspection. . Subdivision 4. Any person who fails to comply with a compliance order and upon conviction therefor shall be punished by a fine not to exceed the maximum penalties for misdemeanor crimes, together with the cost of prosecution. Each day of such failure to comply shall constitute a separate punishable offense. 12. FAILURE TO GRANTREGlSTRATION, REVOCATION, SUSPENSION OR FAILURE TO RENEW REGISTRATION Subdivision 1. The City reserves the right to not register a rental unit unless it complies with the requirements of this Ordinance. Subdivision 2. Any registration issued under this Ordinance is subject to the right, which is hereby expressly reserved by the City, to deny, suspend, revoke or not renew the same .should the Registration Holder or their agents, employees, representatives or lessees directly or indirectly fail to comply with the requirements of this ordinance or operate or maintain the rental dwellings contrary to the provisions of this Ordinance or any other ordinance of the City or any special permit issued by the City, or the laws of the State of Minnesota. Provided, however, registration shall not be denied, suspended, revoked or not renewed if the Registration Holder complies with a compliance order or orders in a reasonably timely manner as determined by the City Administrator or their designee. Subdivision 3. The City Administrator or their designee shal1notify the applicant that registration has been denied, or the Registration Holder that registration is being suspended, revoked or not-renewed. . 5 CnLO ')5 The suspension, revocation or non-renewal shall occur thirty-five (35) days after the date of the notification order, or at such later date as set out in the notification. . 13. SUMMARY ACTION Subdivision 1. As a condition of receiving rental unit registration, each Registration Holder is presumed to agree and consent that when the conduct of any Registration Holder or Registration Holder's agent, representative, employee or lessee, or the condition of their rental unit, or the property in or on which it is located, is detrimental to the public health, sanitation, safety and general welfare of the community at large, or residents of the rental units so as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the City Administrator or their designee shall have the authority to summarily condemn or close individual rental units or such areas of the rental dwelling as the City Administrator or their designee deems necessary. Notice of summary condemnation shall be posted at the units or areas affected and shall describe the units or areas affected. No person shall remove the posted notice, other than the Fire Chief, City Administrator, or their designated representative. 14. INTERIM HOUSING . As a condition of receiving a rental unit registration, the Registration Holder agrees that in the event that the registration is denied, suspended, revoked or not renewed due to the action or inaction of the Registration Holder, all tenants or sub-tenants of the residential rental unit shall be provided, at the Registration Holder's expense, suitable interim housing approved by the Fire Chief or their designee. The Registration Holder shall provide such interim housing until the registration for the unit is restored or until the end of the lease term, which ever is shorter. Failure of the Registration Holder to provide and/or pay for such interim housing shall be grounds for adverse action al all rental unit registrations the Registration Holder has in the city. 15. APPLICABLE LAWS: Registration Holders are subject to all of the ordinances of the City and State of Minnesota relating to rental dwellings, and this Ordinance shall not be construed or interpreted to supersede or limit any other app1icable ordinance or law. 16. VIOLATIONS, INJUNCTIVE RELIEF: Subdivision 1. Nothing in this Ordinance prevents the City from taking enforcement action under any of its fire, housing, zoning, health safety or other codes, ordinances and State laws for violations thereof, or to seek injunctive relief and criminal prosecution for violations of any ordinance, code or law. Nothing contained in this Ordinance prevents the City from seeking injunctive relief against a property owner or designated property manager who fails to comply with the terms and conditions of this Ordinance or to obtain an order closing such rental units until violations of this particular Ordinance have been remedied by the property owner or designated property manager. Subdivision 2. Violation of this Ordinance is a misdemeanor. Each separate day on which a continuing violation occurs is a separate violation. . 6 to CJ? '):3 . . . 17. PENALTIES: Subdivision 1. Any person violating any of the provisions of this Ordinance by doing any act or omitting to do any act which constitutes a breach of any Section of this Ordinance, shall, upon conviction thereof by lawful authority, be punished by a fme not to exceed the maximum penalties for misdemeanor crimes, together with the costs of prosecution. Each day that a violation continues shall be deemed a separate punishable offense. No provision of this Ordinance designating the duties of any official or employee of the City of Hutchinson shall be so construed as to make such official or employee liable for the penalty provided in this Section because offai1ure to perform such duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly express in this Section creating the duty. All costs of prosecution will be assessed to the property owner. 18. WRITTEN NOTICES: Notices from the City required by this ordinance shall be effective if personally delivered or if mailed to the addressee by First Class mail, return receipt requested, to the address shown in the City file pertaining to the rental unit involved in the notice. 19. EFFECTIVE DATE: This Ordinance is effective upon its adoption and publication pursuant to the City of Hutchinson. Provided, however, that the initial registration provisions of this Ordinance do not become effective until rental unit owners have completed the process of registration. The initial registration covers a period of time from the date of issue through March 1, 2009. 20. SEVERABILITY CLAUSE: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not effect validity of the remaining portions of this Ordinance. This Ordinance shall take effect immediately from and after its passage and publication according to law. ADOPTED BY THE COUNCIL OF THE CITY OF HUTCHINSON THIS ,2007. DAY OF APPROVED: ATTEST: By: Steven W. Cook Its: Mayor By: Gary D. Plotz Its: City Administrator 7 Lo(lo;3 PUBLICATION NO. ORDINANCE NO. 07-0484 . AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY THE CITY OF HUTCHINSON PURSUANT TO MINNESOTA STATUES 414.033, SUBDIVISION 2 (1) WHEREAS, the City of Hutchinson is requesting that certain land be annexed to the City of Hutchinson, as legally described below, and: Beginning at the southeast corner of Section 7, Township 116, Range 29, thence west along the south line of said Section Seven (7), 2476 feet to a point marked by a stone set in the public road; which is 1376.2 feet east of the west line of the East Half of the Southwest Quarter of said Section 7; thence north 778.6 feet to a point marked by an iron pipe 1376.2 feet east ofthe west line ofthe East Half of the Southwest Quarter of said Section 7; thence East parallel to the south line of said Section Seven (7) 2377.1 feet to the center line ofa public highway, known as the Hutchinson and G1encoe road; thence southeasterly along the center line of said road to the south line of Section Eight (8) Township One Hundred Sixteen (116), Range Twenty-nine (29); thence west along the south line of said Section Eight (8) 264 feet to the place of beginning, now known as lot Twelve (12) of "AUDITOR'S PLAT OF SECTION 7, TOWNSHIP 116N,RANGE29W" and Lot Two (2) of "AUDITOR'S PLAT OF THE SOUTH HALF OF SECTION 8, TOWNSHIP 116 NORTH, RANGE 29 WEST". . EXCEPTING THEREFROM THE FOLLOWING: That part of Lot 12 of"AUDITOR'S PLAT OF SECTION 7, TOWNSHIP 116N, RANGE 29W" and that part of Lot 2 of "AUDITOR'S PLAT OF THE SOUTH HALF OF SECTION 8, TOWNSHIP 116N, RANGE 29W" described as follows: Commencing at the southeast corner of said Section 7; thence West, assumed bearing, along the south line of said Section 7, a distance of 475.56 feet; thence North 490.12 feet to the point of beginning of the land to be described; thence continuing North 288.48 feet to the north line of said Lot 12; thence East, along said north line, 383.32 feet to the center line of County Highway No. 25; thence southeasterly, along said centerline, 317.70 feet to a point bearing East from the point of beginning; thence West 516.38 feet to the point or beginning. WHEREAS, said property is unincorporated and abuts the City of Hutchinson on its southern boundary, is approximately 43 acres in size, and is not presently served by public water or sewer facilities; and . WHEREAS, the City of Hutchinson is the sole owner ofthe property, the property is not included within any other municipality, and is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statues 414.0325, and WHEREAS, the City of Hutchinson held a public hearing on November 13th, 2007, and NOW, THEREFORE, the City Council of Hutchinson, Minnesota does hereby ordain: SECTION 1. The City Council hereby determines and finds that the property is owned by the municipality, that the area to be annexed is approximately 43 acres, that the property is not included in any area that has already been desi~ated for orderly annexation pursuant to Minnesota Statues 414.0325, and that the request complies with all of the provisions of Minnesota Statutes 414.033 Subd. 2 (1). (o(J):,4 Ordinance No. Hospital Annexation November 27, 2007 Page 2 . Ordinance 07-0484 Page Two . SECTION 2. The property abuts the city limits and is about to become urban or suburban in nature and that the property is about to be developed as a senior housing campus, and SECTION 3. The corporate limits of the City of Hutchinson are hereby extended to include the Property and the same is hereby annexed to and included within the City of Hutchinson as if the property had originally been part thereof. SECTION 4. The population of the area legally described within and hereby annexed is zero. SECTION 5. The City of Hutchinson, pursuant to Minn. Stat. 414.036, that with respect to the property taxes payable on the area legally described herein, hereby annexed, shall make a cash payment to Hassan Valley Township in accordance with the following schedule: a. In the first year following the year in which the City of Hutchinson could first levy on the annexed area, an amount equal to $205.84 b. In the second and final year, an amount equal to $205.84 SECTION 6. That pursuant to Minn. Stat. 414.036 with respect to any special assessments assigned by the township to the annexed property and any portion of debt incurred by the township prior to the annexation and attributable to the property to be annexed, but for which no special assessments are outstanding, for the property legally described herein, there are no special assessments or debt insurred by the township on the subject area for which reimbursement is required. SECTION 7. The City Administrator is directed to file copies ofthis ordinance with the Office of Administrative Hearings - Municipal Boundary Adjustments, Hassan Valley Township, the McLeod County Auditor, and the Minnesota Secretary of State. SECTION 8. This ordinance takes effect upon its passage and publication and the filing of the copies as directed in Section 4 and approval of the Ordinance by the Office of Administrative Hearings - Municipal Boundary Adjustments. First Reading: Final Reading and Passed: November 13, 2007 November 27, 2007 Adopted by the City Council this 27th day of November, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor . (0(10 ')y . . FI" " }. .- f ,~,.:- l-if ..,. ~ i .. .~ pi -" ,I !Ii' i~ .1,1 U:j fmll 'l(- I!; ~~g;i -1 h~"l' _I"t .I' i ll~m l!\i ,I 'it! . "JH I!' IWf~' : .~.,::M UHI!! . 'Ill' III -,.hl,' i ;"1' I,,! j,'fl'ft' III "--I' filt' I ,;!!i !JIii i!~J , t"fl "Ii!~ .m:,lj i ,if" Uj'i Ifni';' ~~m ,at ~!;Ihtg z o '" B!i :>: S :>: 0: ~ .~ ~ '" I~h' ~6l(~~ "I,IFillll!l !Ii!~f~-dll~l, i"!iI~~~lt.II'1 . [I'!> !'*' i: ll;'i!l' 1';2i li~lil[ !!r,l;tt I' .f;1, ~rn" 'ltn"~- l' l1;"~!"~ .~ ! J'\lj!1li:iijl!~ I )!flhl~~ltj' I' 1'~ll'ltj~::i~.!t 'i ",\.';'ll!f';t i :!"!'ll' ~lld.lI. 8 ;.. ~..,p: ; !j!.I!r:;l~li!fi ; ill';J1iUJU'h ~ ~t~fti~~tl1l1~i , ItJ~~,~~~tl~l~i;~ . :Hl) -" _lI!..~.:l'-- ~ -!i1iA ~,p_!-'l'~ii; 1> :~;~-I~~':~t~H~fi zc ~ ~~;,:i!~!~l!:~!f .~ , 111;lil1l\i!Ili! j ;:j. ~ ~ :s CIl ~ "- .., !3 .., , ~ ' i ! ; ; .' ~t_ L --l/'~:.;' ''::~~~~ ~"';";:::.~;;.';- ;,( 1 ~~ , J"I'.~ ~t ~'<I '. ~.. U I . r" , . il, !fl. :: ! ~~ ~;.. , 1.' ,,' ; "1 ;H~ ! I'! }~i i Ii h 11! , ;1 l' ;f; :; i h~l{!'i ~ I l.$' tLil l;d . ~ :1l},1:1I t.::" i " ,; !s tf' _li ,..-'1 ..... ~g H\ Iii' 1",111 ".\11 ' ..< .t;J.~ I j"J ! ~ h . 1..~ Ill;' ,It] 11~~11 , 1f,11 s !.,J{ l ,.t""<I.'~ ,.~ij;...{ I :iiil ". !~:~] ~ '.~ l' ~ ,~~p iin.1 " ~,!~,~~ ~ ..r- 'I . t ~]~;~ 1~_ t- ! :11,1 ~ t J.i I' "'II, ~ :. " OJ: i~1 fif ," f~ " '1' ~ 1 i I" .n ! t~ j, 1.r ''S1I j'~'j ,.:;.,<:, -~;H ~ l'. F ( r ~ ~~ ; ~ , ' iH; i;~ ; l ~I~. ~ tq ; .. ~!. ~ JSJ\'.(:;: " -'i;i .,' ~-,. "~','-';" .t '; ,.-:-~ 1\ f I L~ ' illt \ .. '..:~~: ->&~~'\:~tt\~ ~ .. " '" ;;;f.;<iv " "., ,.. i " ,i<.l1!J/<'t'~~/ v'~'l \' ," i'- ~ ~"_Y1;(::r1 ~ _ gl " f ihl '..~f ,"" ':".!!'. )I,~,~'~'. ,),1 ;~" I ~ ' ~r l' r ';~i ! ~~ j'H , :t.". T'~ ' '~-l~~IJ' I~',i, l~, .f.;~ 1':,':': v' " {' t ,..F: ~ ~~:~ [1,:, ~N :~! I " '1~1 "~:; ~ ~ _: I ir'I'":ilf,'- , ,,--l' ..oj' ~ , ',--- ~ ' ,~.- -)., ~ >! , <h '" :z "0 od ::0' m" e \ 1 ";.'; Ii! ,- -' II ! 1 f , I , \ , I , I , I ll. C I\,} ," o "'>,_.j Z "" ;4/ .'. ..~ i. 1,"1 ,c: I' ',i' I J .~ .,;;\\ .r~i , rr-' .. 1 " '.' "::d\'- ,t ;~. ,., .,.:_ "1, _ --r>.--..:;;~-~;'t';"', ,__.c;.._ .' -, '" t:~:-:! I . '""., "1'",-=-- '.~" 10 rn;~"~"-:"; :;~-~1):' ......-~..,.'..:\' ,~', <l f :~~ ci , ~ 'J:! ~ - LoLIo )~~ / . MEMORANDUM . . DATE: November 21, 2007 for the November 27, 2007 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: VARIANCE TO ALLOW PLACEMENT OF A212 SQ. FT. GAZEBO IN FRONT YARD LOCATED AT THE OAKS ASSISTED LIVING FACILITY, 945 CENTURY AVENUE SW. Backaround: The property owner is requesting a variance to allow construction of a 212 sq. ft. gazebo in the front yard between The Oaks and The Pines Assisted Living facilities. The variance is needed to allow the construction of an accessory building in a front yard and a second accessory building with a size larger than 192 sq. ft. The applicant states that they need to have the gazebo in the front yard in order to be in close proximity to both facilities. 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 November 20,2007, meeting. There was no comment from the public, other than from the applicant. 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 need for the use of the gazebo by both facilities and the placement of The Oaks building on the unusually shaped lot. The Commission also stated they wanted to add a hardship for not meeting the size of the gazebo, specifically due to the geometry of the hexagonal shape ofthe gazebo and functionally of the structure. The applicant stated that they need the gazebo to be this size to have enough space for residents. They also want to improve the site with landscaping and a garden. Recommendation: The Planning Commission unanimously recommended approval of the variance with the findings and conditions in the attached resolution. (0(6)\ . . . RESOLUTION NO. 13299 RESOLUTION APPROVING A VARIANCE TO ALLOW PLACEMENT OF A 212 SQ. FT. GAZEBO IN THE FRONT YARD LOCATED AT 945 CENTURY AVENUE S.W. Whereas, The Oaks, property owner, has requested approval ofa variance to allow placement ofa 212 square foot gazebo in the front yard. The variance is required to allow placement in the front yard and a second accessory building over 192 square feet with the following legal description: Legal Description: Lot 2, Block I, Welcome to Our Home Second Addition Whereas, the Planning Commission held a public hearing on the request on November 20, 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: I. The standards for granting a variance have been met, including the fmding of undue hardship and uniqueness due to the need for availability of the gazebo to both facilities and the unusually shaped lot. A hardship for the size of the gazebo was also found due to the geometry of the hexagonal shape of the gazebo and functionally of the structure. The unique characteristics of the property were not created by the applicant and the proposed gazebo would not alter the character of the locality. 2. Construction of the gazebo shall meet all other standards for accessory buildings in the Zoning Ordinance, with the exception of the variance granted. 3. Removal and relocation (if necessary) of natural gas and electric will be at property owner's expense. 4. No construction is allowed over any utilities, including natural gas or electric lines. Adopted by the City Council this 27'" day of November, 2007. ATfEST: Gary D. Plotz City Administrator Steven W. Cook Mayor li>(L-) \ i...:;'.,IIf.'""....A/ii(U-.. -.).~ ,",1f..,jF'~.~-.....~-_ ,... ~......-._~. ...- - - - .J '" ... -__. $. :r'"_...... - ~ . - .- ..-.;;... - --. ~ DIRECTORS REPORT - PLANNING DEPARTlVIENT I~....... <IlII:t,.." *" .. - . To: Hutchinson ,Planning Com.mission From: Brad Emans, DolfMoon, Dave Hunstad, Miles Seppelt, Shan Ghimire, Jean Ward" Judy Flemming, John Webster, John Olson, 'Lermy Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Scb,nobricb" .Marc Sebora~ Gary Plotz, Ken Merrill, Jim Popp,Dau Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (pe'rsons in attendance at Planning Staff Meeting (in bold) Date: November 9, 2007, for Novem,ber 20, 2007, Planning Commission Meeting A,pplication: VARIANCE TO ALLOW CONSTRUC'TION OF A 212 SQ. FT. GAZEBO IN THE FRONT YARD AT 945 CENTURY AVENUE S.W. Applicant: The Oaks, property owner VARIANCE The property owner is requesting a variance to allow construction, of a 212 sq.. ft. gazebo in the front yard between The Oaks and The Pines Assisted Living facilities. Th]e variance is needled to allow the construction of an accessory build,ing in a front yard and a second accessory building with a size larger than 192 sq. ft. The applicant states that they n,eed to have the gazebo in the front yard in ord.er to be in close proximity to both facilities. (OC L-) \ . . . Variance The Oaks - 945 Century Ave. S.W. Planning Commission - 11-20-2007 Page 2 GENERAL INFORMATION Existing Zoning: R4 (High Density Residential) Lot Size: 4.4 acres Existing Land Use: High Density Multi-family - Assisted Living Adjacent Land Use And Zoning: Single Family and Multi-family Comprehensive Land Use Plan: Mixed Use Residential Zoning History: The property was platted in May, 1999. At the same time, the property was rezoned from Rl (Single Family) to R4 (High Density), a conditional use permit and planned development district were approved for the 42 unit assisted living facility. Applicable Regulations: Section 154.026 and 154.167 of the City Code Analysis and Recommendation: The applicant proposes to construct a 212-square foot gazebo in the front yard between The Oaks and The Pines assisted living facilities for use by both buildings. The Zoning Ordinance requires that accessory buildings in all districts be located to the rear of the principal building. The ordinance allows one detached garage up to 1,000 square feet plus a second accessory buildings (such as a shed) up to 192 sq. ft. placed in the rear. Therefore, a variance is required to allow construction in the front yard and a second accessory building over 192 sq. ft. 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 of the ordinance. It does not mean the land cannot be put to any reasonable use whatsoever without the variance. The second undue hardship factor is the plight of the landowners is due to circumstances unique to the property not created by the landowner. The uniqueness generally applies to physical characteristics of the property and not to personal considerations of the landowner. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Thirdly, the variance, if granted, will not alter the essential character of the locality t.o(Lj\ V Briance The Oaks - 945 Century Ave. S.W. PlAnning Commission - 11-20-2007 Page 3 . In reviewing the request, staff fmds that the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to placement of The Oaks building at an angle on an unusually shaped lot and due to the need to place the gazebo in a location that can be used by both facilities (see attached site plan). Additionally, the request would not alter the character of the locality as the gazebo would be an added amenity to the property. Staff reviewed the request at the October 29th staff meeting with no objections. Staff would recommend approval of the variance to allow a gazebo in the front yard with the following recommendations: 1. The standards for granting a variance have been met, including the fmding of undue hardship and uniqueness due to the need for availability of the gazebo to both facilities and the unusually shaped lot. The unique characteristics of the property were not created by the applicant and the proposed gazebo would not alter the character of the locality. 2. Construction of the gazebo shall meet all other standards for accessory buildings in the Zoning Ordinance, with the exception of the variance granted. 3. Removal and relocation (if necessary) of natural gas and electric will be at property owner's expense. 4. No construction is allowed over any utilities, including natural gas or electric lines. . Cc: Joyce Aakre, The Oaks, 945 Century Ave. S.W. . l.!> (c-) \ ( / ~' 0' It::; ~ I ~-------/ . / / --,--- 1 I f 1 I Lr-- 1 1 _J . --- 1--- I 1iec.tJve" / or- , / 9IY~,;'" /'. L D<pi.,~ ,,"'" --Tg.o I 1 I I I 1 L _ _ _1__ -------- ,.. .-. ---- , __._____t-____..n__,__ t-_ o--___'~__n' - ,_ ,__ _'__n_' .....---- ___, unu~ nun b' ("; (; - ~iU!t.,... ilWi."t'l!i.r ii.=n-.:...=:' t ~- .. ,":'::":': - - ---..--- -- _..- ---.------.- --_.--- - -,- ---..--- '::t -,,- ___c______._ ---..-----.- .--.--- .. -.- -----...-- ...- .... ".,. -~_.- =-- ..::r'-=.---= ~- !lMlgr.r,pr mIiilfllM':. ili'liII!iIiilll" - weL.CQWe 1'0 OUR. !IONl!,u.c HUIUIIl<SOH CA1l!RED LMNO 00"","""" TWO STORY 50 UNIT - - ---- - m...... . uraIIY...... - C1 . . . Gazebo Plan ~~c c> , \t/",~, i '0 ~Of'<i /(f::> . Of J14'Q .~~ 411 Locatioo: . Between The Oaks and The Pines on the lawn area. Purpose: . Promote interootion betwflen the two bWld.iDgs on our camp\l~ . Encourage residents to enjoy the outdoors with the attraction of a screened facility for hot sun and bug protection. . Present an aesthetically pleasing landscape around this building but keep in style with the gazebo. . Make available a gentle and healthy ch'j by using outside _ting and some garden sculpture. . Utilize lower maintenance p1antings and perennials that planned with the intention . of attracting butterflies and birds. . Make use of the gazebo for larger outdoor functions for residents. Proeess: Estimates are needed for: / . Cement work to include gazebo pad and sidewalks to connect from the buildings--designed to be walker and wheelchair accessible . Electrical for inside and outside to provide lighting for the evening, provide access for any eleCtronic equipment needed for functions. Lighting to display flag. . Lawn furniture . Landscaping . Handrails CoCe-) \ . . . MEMORANDUM DATE: TO: FROM: November 21,2007 for the November 27,2007 City Council meeting Hutchinson City Council Rebecca Bowers, AICP, Planning Director SUBJECT: CONDITIONAL USE PERMIT TO ALLOW A CHilD CARE CENTER/SCHOOL IN THE C-5 DISTRICT Backaround: Beans Plus Inc and Bart Bradford are requesting a conditional use permit for a child care center/school at 267 - 4th Ave S.W. (formerly the Jehovah's Witness Kingdom Hall). The property was zoned from R 2 to C5 in February, 2007. Beans Plus currently operates the child care center at Ridgewater College, where there is a waiting list for enrollment. This site would be an expansion site with approximately 5 full time positions. They anticipate licensing from the MN Dept. of Human Services for 8 infants, 14 toddlers and 20 preschoolers. Hours of operation will be from 6:00 a.m. - 6:30 p.m. Monday - Friday. Additional information is contained in the attached Planning Commission staff report. Plannlna Commission Meetlna: The Planning Commission held a public hearing and considered the request at their November 20,2007, meeting. Commissioner Lofdahl abstained from this item due to personal conflict. There was one resident who said she supports Beans Plus, however expressed a concem over the steepness of Kouwe Street, particularly in the winter when it is icy. The applicant stated they would make sure parents are aware of this possibility so they may choose to use 5th Avenue rather than turn on Kouwe from Hwy 7. The City Engineer addressed the salting and sanding of side streets. The Commission discussed how the proposal complements the Hwy 7 Study and the specifics of the site. After hearing information from the applicant, the Commission recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the conditional use permit with the findings and conditions in the attached resolution (Lofdahl abstaining). (o(c..J~ . . . RESOLUTION NO. 13300 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CIllLD CARE CENTERlSCHOOL IN THE C-S DISTRICT IN AN EXISTING BUILDING AT 267_4TH AVE. N.W. Whereas, Bart Bradford, property owner and Bemadette Wilson, Beans Plus, Inc., applicant, have requested approval of a conditional use permit to allow a child care center/school in the C-5 district in a existing building with the following legal description: Legal Description: Lot 7, Block 10, Townsite of Hutchinson North Half, excepting therefrom the North 87 feet thereof. Whereas, the Planning Commission held a public hearing on the request on November 20, 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 conditional use permit, subject to the following findings and conditions: 1. The proposed use would be meet the standards for granting a conditional use permit and would comply with the standards of the C-5 district. The building must meet Building and Fire Codes for a day care prior to occupation. Approval of a sign permit is required prior to installation of any signage. Approval of a fence permit is required prior to installation of any fencing. 2. 3. 4. Adopted by the City Council this 27"' day of November, 2007. ATTEST: Gary D. Plotz City Adntinistrator Steven W. Cook Mayor l.De C--)~ jt"'CM-......~;....v.. _~, - ~ ;"'#"7A'"...-'.q-J'M",~:4"'/Q'''''~'t-~~:;-,''''''''i\%lir't.I\.7'FI;(Io''.;''::IP!.....~''''''''~,,~~'.3dY'';''''''~ .oor:.,..'-'2",N .:., ~~. -~"~ \[' - ">6~""'AC'...."..~,H::~~;~~~""".r..-"t", .. -... - -.. r ..-"~ -- '"!".;tf" -I..'"' DIRECTORS REPORT -PLAN:NING DEPARTMENT ! ",~""""".:r.. , :. ...""".;r-..w;:.;, +'9:'.w-~""")jI..~ ""')''':\..;:..,r~.... ~ ~~~~-~...;....u" ~ -... ,... ~.~ ~....1: ti- -<>';:;.1 ...w.....~~~',~..............-.,.:" . ""P _ ~ .a... ~ r' --..r ~~-- Date: H,utchinsonPlanning Commission Brad Emans, Dolf Moon, Dave Hu.nstad, Miles Seppelt, Shan Ghimire, Jean Ward, Judy Flemming, John Webster, Joh.n Olson, Lelmy Rutledge, K,yle Dimler, Kent Exner, John, ,Paulson., Mark Sch,nobrich, Marc Sebor~ Gary Plotz, Ke.n Merrill, Jim POQP!I Dan Hatten, Dick Nagy, Rebecca Bowers' and Bonnie Baumetz (Persons in attendance at Plan.Ding Staff Meeting (in bold) November 9, 2007, for Novem,ber 20, 2007, Planning Commission Meeting To: From: Applicatio.n: Conditional Use Permit for a Child Ca,re Center/School in the CS District A,pplicants: Bernadette Wilson, Beans Plus, Inc. and Bart Bradford, property owner. CONDITIONAL USE PERMIT Beans Plus Inc and Bart Bradford are req'uesting a conditio.naluse permit for a child care center/school at 267 - 4U1 Ave S~W. (formerly th,e Jehovah's Witness KingdomH'a1l)~ Tile property was zoned fromR-2 to C5 in February, 2007. Beans Plus operates the child care center at Ridgewater College, which has a waiting list for enrollment. This 'propertyw'ould. bean expansion site with appro.ximately 5 full time p!ositions~ They anticipate receiving licensing for 8 infants, 14 toddlers and 20 preschoolers. H.ours of op,eration will b,e from 6:00 a.m,. - 6:30 p..m.. Mond.ay - Friday. The following m,ap shows the location of the site: ~.. - we C-);A. . . . Conditional Use Permit 267 - 4th Ave. N.W. Planning Commission - 11-20-07 Page 2 GENERAL INFORMATION Existing Zoning: C5 (Conditional Commercial) Property Location: 267 - 4th Ave NW Lot Size: .76 acre Existing Land Use: Vacant building. Formerly a Jehovah Kingdom Hall. Adjacent Land Use And Zoning: R2 (Medium Density Residential) and C5 (Conditional Commercial) Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The church was built in 1972 and at that time the property was wned Rl (Single and two family residential). The property was rewned from R2 to C5 in February, 2007, at the request of property owner Bart Bradford. Applicahle Regulations: Section 154.065 and 154.170, Hutchinson City Code Transportation: 4th Avenue N.W. and Kouwe Street N.W. Analysis and Recommendation: The C-5 (Conditional Commercial) zoning district requires approval of a conditional use permit for all uses and there are no permitted uses in this district. The proposed day-care/school could be allowed with a conditional use permit in this district under the "Trade and Services" or "School" categories. The property is located within the Highway 7 Corridor Study moratorium area, however CUPs for change of use in existing buildings were exempted from the moratorium. In reviewing the CUP, the Commission should consider if the proposal meets the standards for a CUP. A CUP shall be granted only if evidence is presented to establish the following: (a) The proposed building or use at the particular 10cation 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 accordance with the applicable district regulations. (b) (c) VJCG)~ . . . Conditional Use Permit 267 - 41h Ave. N.W. Planning Commission - 11-20-07 Page 3 The proposed plan shows areas for parking, pick up and drop off, and fenced playground (refer to site plan). The property has two large parking areas on two levels (see attached photos), separated by a retaining wall and stairs. A fenced playground would be constructed on a portion of the lower parking level, adjacent to the building. The zoning ordinance does not specify a parking requirement for a daycare, however schools are specified at 1.6 parking spaces per classroom. With three classrooms, a minimum of five parking spaces would be required by ordinance. The proposed parking would exceed this requirement and has adequate parking for employees, parents, and visitors. Staff reviewed the proposal at the planning staff meeting and did not raise any concerns over the proposed use. Staff recommends approval of the CUP, with the following findings and conditions: 1. The proposed use would be meet the standards for granting a conditional use permit and would comply with the standards of the C-5 district. 2. The building must meet Building and Fire Codes for a day care prior to occupation. 3. Approval of a sign permit is required prior to installation of any signage. 4. Approval of a fence permit is required prior to installation of any fencing. Cc: Bernadette Wilson. Beans Plus Inc., 600 Reed St Ste. lOS, Mankato MN 56001 Bart Bradford. 905 Golf Course Rd. &leG}'),. Conditional Use Permit 267 _4tb Ave. N.~: 11-20-07 Planning Comnusslon - Page 4 ,; . ... .- .. :J J ~ ~ ~tWJ~- ~ · :<j7~.: ::.~ ; -. ~ ~. '-.b~ ~_, .- ~~ir;:~tJt r~ ".~~' . : .~\. I. - ....-:;. ...~ .. ....,:~~~~~~ &.. ~ ~ -~-":~' ~::;r:~w_ ...,~ -"""i -~ :!..:...: . ~ V:> [C) d-. /' ~ .~ . . " .~ ~ ~ <.; ~ '::\i ~.~ .~~ ~ - RECliIVEi) OCT 1 , /0 ~5rM-r..~) ClIy 01 HuK;,n"on 1<1: ~~.fp~ i ~(,#~' / /~/ w I .~ il,i L\ 11' Yl!; 1~ I -It ~\' .;)J(:1 Y.U {~ iJi l I I '\ ' \tit I ' \ /\ l' 1,' ' 'f \ f? ' " , . pr ' '.i,~ I " ,f ~ .' n . I, ~. V.;t , r ,r .' r ,~~.. IT ' I' \..:1 : ; J [i1 ~~ I I i 'J\ ~~ 5u~p.J.. 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MEMORANDUM DATE: TO: FROM: November 21,2007 for the November 27,2007 City Council meeting Hutchinson City Council Rebecca Bowers, AICP, Planning Director SUBJECT: ZONING ORDINANCE AMENDMENT TO UPDATE LANGUAGE IN SECTION 154.170 REGARDING CONDITIONAL USE PERMITS Backaround: Revisions to the conditional use permit ordinance are needed to bring it up to date with State law and to eliminate unnecessary requirements. One of the key changes is to eliminate language prohibiting transferring a CUP to future property owners, which is contrary to State law. Several other changes were made to the ordinance and are described in the attached staff report. Plannlna Commission Meetlna: The Planning Commission held a public hearing and considered the request at their August 21,2007, meeting. There were no comments from the public on the request. After briefly discussing the proposed changes, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the zoning ordinance amendment as stated in the attached ordinance. ({)Cc..J3 f'/I/'/I/_/~I/I/_'#/"'/I/'..;#"/"'/I/I/'/I/#/I/I/I/I/I/_/#)"/I/1/#/#/';-1/1__/1/1/'/1/1'#'_/"":1,1/_""/#/1/1/1/1/1/1/1/_'/1/1/#/_/#/I/I/_'--'#i-/__""_/#/"".K/__"""ld~/___'/1 I DIRECTORS REPORT - PLANNING DEPARTMENT I 1-/1/#/_/_1-""/1/1/1/'/1/1/_/1/1_/1/1/#/#/1/#/1/1/'/1/.#/1/#/1/1/1/1___/#/____#/#/#/1.""/_/#/1/1_/#/1"/1/'1/1/1__;1;/1/I/_/I/I~'_/I/I._/_"/#:_/#/I,,#;,__:v._/I/I/I_/J . To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Shan Ghimire, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting In bold) Date: November 14, 2007, for November 20, 2007, Planning Commission Meeting Application: ZONING ORDINANCE AMENDMENT TO UPDATE LANGUAGE IN SECTION 154.170 REGARDING CONDITIONAL USE PERMITS ZONING ORDINANCE AMENDMENT Brief Description Revisions to the conditional use permit ordinance are needed to bring it up to date with State Statutes and to eliminate unnecessary requirements. The attached ordinance identifies language to be removed (in strikethrollgH text) and proposed additions in underlined text. . Background: A conditional use is defined in the Hutchinson Zoning Ordinance as "a use of land not normally allowed in a particular zoning district but which may be allowed under certain conditions." In general, conditional uses permits are a tool to expand the list of uses that may be allowed within a zoning district, subject to meeting certain conditions. However, Hutchinson is somewhat unusual in that the current I/C, C-5, Gateway, and R-4 zoning districts only have conditional uses and no permitted uses. A conditional use permit is a property right that "runs with the land", so it is attached as a benefit to the land and is not limited to a particular landowner. State Statutes provide that a conditional use permit shall remain in effect as long as the conditions agreed upon are observed. The current ordinance does not allow this as it prohibits transfer of a conditional use permit to future property owners. There are also several areas which specifY timeframes which are no longer accurate. Ordinance Amendment: The ordinance amendment corrects the inconsistencies with State Statutes noted above, adds an explanation of purpose, removes duplicate or conflicting language with other parts of the Zoning Ordinance such as the Planned Development District, e1iminates timeframes stated for review by tying the timeframes to Statutes, and removes odd requirements such as "evidence of financial capability". Changes were also made to clarifY the process, application, and recording requirements, along with revising the order and other minor corrections for clarity. . Recommendation: Staff recommends approval of the ordinance revisions as shown in the attached ordinance amendment. eoe C,-") ?:> . . . PUBLICATION NO. ORDINANCE NO. 07-0485 AN ORDINANCE AMENDING CHAPER 154 (ZONING) OF THE HUTCHINSON CITY CODE AMENDING LANGUAGE IN SECTION 154.170 CONDmONAL USES THE CTIY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Notice of public hearing was duly given and publication of said hearing was duly made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend the Zoning Ordinance to amend language in Section 154.170 of the City Code as follows: 9154.170 CONDITIONAL USES. (A) Puroose and Authority. (1) The purDOse of a conditional use oermit is to authorize and regulate uses which mav be beneficial in a soecific instance to the general welfare of the community. vet ensure that such uses are not detrimental to surrounding property. and are consistent with the stated puroose of the zoning district and goals of the Comorehensive Plan. Because of their unusual characteristics. conditional uses reuuire special consideration so thev mav be located proper1v with respect to the property location. surrowllling area. and arrangement of the property. In order to achieve these l1:oa1s. the City mav approve or denv applications and impose reasonable conditions upon granting the permit. The City CeHBeil may, after Te:<riew and Feeammeaootissl1y the Planniag CammissieR, gmRt Ii eBBd#ieaal we permit af trl-ertHm the ~/Bte sf the Planning Cemmissisa with Ii t.hFee ~ers T.~ete. (2) Within all special flood hazard areas (zones A) all proposed construction or development, including placement of prefabricated buildings and manufactured homes, shall require permits pursuant to 99 154.015 and 154.085 - 154.099 of this code. In addition, the proposed site shall be reasonably free from flooding and in accordance with 9 154.015 of this code. (B) Standards and conditions for conditional uses. (1) A conditional use permit may be granted for the following uses only: (a) Any use specifically listed as a conditional use in the regulations applicable to the district in which it is specifically located; (b) Planned development in accordance with the provisions of 9 154.070 of this code in any district; (c) Any of the following uses in any residential or commercial district: I. Schools; 2. Community recreation buildings and fields; 3. Elderly high rise; or 4. Relocation of any structure larger than ten feet by 12 feet. (d) Any ofthe following uses in any district: buildings, facilities or premises of public service corporations to be used for public utility purposes reasonably necessary to the public convenience or welfare. (2) A conditional use permit must meet the following conditions for approval: fer the JiBes listed ill. ~~ IS1.115S IH.1l71 aad IS1.11SS 151.1199 efthis eede shall Be gramed eRl'l if evidenee is preseHted te eslaB1isfl the felle'Niag: (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; to (...c..:) 3 Ordinance #07 ~85 SectIon 154.170 December 11, 2007 Page 2 . (b) The proposed building or use will not have a substantial or tmdue 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 accordance with the applicable district regulations. (c) (C) Procedure. (1) An application for a conditional use permit shall be submitted to the Zoning Administrator with the following required information: .^. flefH'efuadaBle Iljlj3Heatiefl fee, lIB establiollea frem tim.e te time by the City CBooeil, t8 ee"ler aEhnirns1:fati"lfJ aeets Me e08m efthe hear..ng, shall aeesffitl8:BY BReR apfllieati0R. ~Jleept as sl3eeifieally eKe1:lBea by the PlanHmg CammissisR, a lastlY sf y,iH.eh eraer shall Be attaeaea te tile Iljlplieatiefl, the Iljlplieatiefl shaR eefltam tile felley,~g HHermatiefl ana Be aeeeffillaaiea BY the felle'llmg sooBllssieFls, W3 well as Raaitieaal inf-olHHltiea afJ.d sW3missiens as fFltl)'be J*@seflbea. by rule efthe Planning Cemmisoiefl: (a) Legal description of the tract ofland; (b) Evidence of ownership that tile a]'ll'lieaat has smiieieflt eeRkel e':6I" tile treet te effeelHllte the I'rsl'ssea fllBfl, melaeing a sta!emeflt sf all tile SWROli'BIHj3 ane Beflefieia1 iBtSfE5te in the ti'aet srlma ena the ~fe}3aBea aer',elsfJment; (e) Eviaeflee eftlle finaReial elljlooilily sf tile IljlI'HsBBt ts esmp1ete the ]3l"sl'ssea ae~.(el8J3meH:t; (c) A nonrefundable application fee. as set bv the City Council in the City's fee schedule. (d) Plans drawn to convenient scale, showing the current zoning classification and existing land use of the tract and those tracts directly adjacent to it, and any significant topographical or physical features and all easements of the tract and adjacent tracts. The Zoning Administrator may require a certified survey at his or her discretion at the time of application. Iseatiflg 1st eemers is tile BflJllieant's reSf'eB:I3wil#)'; (e) Three copies of preliminary plans, drawn to a convenient scale, showing the same information as is required for site plan approval; (f) Auolications for a conditional use permit for a Planned Development District shall meet the requirements and follow the application procedures of Section 154.070 PO, Planned Develooment District. '.Vhen the }W8fl0sea ae"lelsfmeFLt iBel\:laes I3rs"1:isisflS [-aT eau......~oo epea spaee er reerelft.isRal faeilitiss, a statemeat aeseri13ing the flfa~.-1sieB that is te Be maae for the sara llRa matAtmum.se afthe efH~B. Bf'aee erreereat1sBal faeiJ.ities. !fit is ]3l"speeea tIIat ilie 6j3Bfl SJlooe Be eY:flee ar maimamea BY Bfl3' etltity stll6l" iliBR a gtr.'eHlin.ootal autheFity, espies afiae prsfl8sea artistes efiBeerpeF&tiss aRd By1a'.','s snoot eHtily 5hall Be sHllmittea; (g) Cepias sf any re5lfietive eS'ltlflamS that life ts Be reeareea witll FeSJlaet ta Pfoflerty iilehulea ia tae fJraJl8sea ds":els]3meRt; (11) "'.''heR the ae";el9f3IBtm.t is te be 8BflfltRietea in stages EW l:ffiita, a seaeaH-le f9l'the de":elepmeRt of the stages aF Wlits shall 8e s1:1bmit:ted statiBg the eptJFen.imate begi.-m:iRg aRe. eempleti0B Elate fef saeh stage aT mlit. }Je stage af oo1t shall haye a resiaeatial aensity that sxseeEls BY mere 1ilaH 25~<' the prapesed residem:ial 8easity efthe eE:ti1e aST:eleflF.8.8ftt. '''hen a elw:elBfJme:at pnrl'ides [-or 68HHB8B ElfleH Sflaee, the tetel (iTea. af eElmmeB 8fleR spaee prev:idea at any stage sf dep/elspment shall, at a ffI:inllmlm, bear the same relMiaFlshi.p ta the taoo.l 0f)en Sf)aee tEl ee pr0~Aaea Hi the eatwe develapmeHt &B the stages Elf lHlits eempletecl. 81 ooaer ae~lelSJ3lReRt sear to tiie entire d~/elepm.eHt; . . -2- to LV) 3 Ordln.ance #07418S Section 154.170 December It, 2007 Page 3 . (2) . . (3) fB(g) When it deems it to be necessary, the Planning Commission may require a traffic survey, conducted at the expense of the applicant, setting out and analyzing the effect that the development will have upon traffic in the streets and thoroughfares adjacent to and in the proposed development; fi)(h) A statement showing the relationship of the proposed development to the Comprehensive Plan and future land use plan of the city; and EJ<1(i) A statement as to how ~ the proposed development is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable district regulations. (a) A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with S 154.171 of this code. (h) When a floodway or flood fringe district is involved, the Planning Commission shall submit to the Commissioner of Natural Resources a copy of the application for a proposed conditional use permit sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing. (a) "'vithin 39 aa.ys after Hie eeasl1:lsisR efthe pasha hearing, t The Planning Commission shall transmit to the City Council a written report containing its recommendations concerning the proposed conditional use. The report shall be accompanied by findings of fact specifYing the reasons for the recommendation. (b) In aftj' ease v:here a eSH8itisRBl1:lse fl_uni.t is SBHg8t fer the 13HIl38tse sf esteelismng a pl8.IlRea aeT.~eI8~mtmt aistriet, tAe repeFt sf the Plan..1:iag CafFJHlissisn shall eEmtam Bi3eeifie findings as to the segree sf 8BmflliB:Bee Bf the flrefH3sea deT;elspmem T.vith the stantlarlls masl?! applieaele 18 plBllBed aeve1epmeRts by ~ 15H1'711 efthi. ceae aRa as te the aegAle ts '.vhieh the flrepesed devels13Bleflt etPl8IleestBe fH:lIjl8ses fer v/hieR fJl9.I1Rea develsflHleatB may be llJlj'lf'syea. EJ[eept iB t:ae eooe Elf B:B ewlieatiea fer a 8eBaitiooall::1Se fJ_u~jt te establisR a phumea aeve1el'meat aislriet, '.yliieh shall be ge'lemea by ~ 151.11711 efthis eeae, tHe City CSl:Ifleil shaY, vr-itffin 39 days sf the reeeipt Bf the TepeR ef the PIB:flfHRg Ca~~~s8i6fl, grant Eli" deny fuel ElsHliitisBalli&e Sf refer the matter salak te ~e P18llfl.mg C8.u.LU~3BieR fer furthi!!' eenBia_aeR. The City Council shall not grant a conditional use unless it finds that the standards of S 154.070 have been satisfied. The City Council mav. after review and recommendation bv the Planning Commission. grant a conditional use permit or overturn the vote of the Planning Commission with a three-auarters vote. The City Council shall approve or denv the reauest within the time allowed by State Statute. unless extended pursuant to State Statutes or a time waiver is granted bv the applicant. A copy of all decisions granting a conditional use pennit in the floodway or flood fringe districts shall be forwarded to the Commissioner of Natural Resources within ten days of the action. fA A conditional use permit shall remain in effect as 10nll: as the conditions reauired by the permit are observed. Be valia fer a peRea af sill menths (Cllee]3t wfleR i&ffilea SfleeifieaHy [-at" Ii fllanneel develspffient, in y,-lHeh BaGe the fleRed ef~lQliclity shall exteB:d 18 18 msaHla), after ,,,mea the same sha.-ll 138 re\r{)keel in the eveat that aRY I'f8f)8Sed 8Elfts1R1etiea, alteF&t:isB af epemtisa has Ret beeR sta.rtea in aeesFaanee .,\".ith the k.~u~ ef the permit. Anv expansion or intensification of a conditional use or change to another conditional use reauires approval of a new conditional use permit. A conditional use permit shall run with the land and mav be transferred to subseauent property owners. . shall 8e i.sHed eRly te tHe laRa ewner ar helaer ef a ';a1ia aptian te pllfehaae the lima aRa i. RenlnmafeF&b1e in the eveRt sf a elumge ill. j'lf'sl'efly er eentrel af far 911)' ether TeaseR. (4) (5) @ (7H6j - 3 - 0L~)3 Ordinance #07-0485 Section 154.t70 December 11, 2007 Page 4 . ill A certified copv of the conditional use Permit shall be recorded with the McLeod County Recorder and shall include the legal description of the property. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this 11th day of December, 2007. Attest: GaryD. P101z City Administrator Steven W. Cook Mayor . . -4- (0 [C-) 3 . . . - MEMORANDUM POLICE I EMERGENCY MANAGEMENT SERVICES TO: Lt. David Erlandson FROM: Officer Theresa Leider, Investigations DATE: 11/16/2007 RE: Emily Reck-R&R Massage-Licensing As of today's date, I have conducted a background investigation on Emily Reck, R&R Massage, for her massage licensing with the City of Hutchinson. Ms. Reck does not have any violations associated with her driver's license that would exclude her from receiving this license. She does not have a criminal history with the State of Minnesota. There are no areas of concern associated with her. ame through our in-house records or other sources.j'''~':~iii'''- - ,+ ~ ~ .285. (ole') . . . 111 Hassan S1n:et Southo&>t Hutchinooo. MN 55350 (320) 581-51511Fox: (320) 234-4240 City of Hutch1nson Application for Massage Service License ~~o'\'~~~< LIceae Fee: ns Operating V..r: aco--=r Business Infonnation n ~ P. '(Y'{).<..<-,a.q e... . Business Name 7L\S I ,.......f,~l ,YY>el Di2..S,L,U Business Address 5e)7 ~ aek5 Phone Number J+ubwnSLIv) m(\ 553S() c/iV Stale Zin Co Corporale Name C ale Address c Stale PIwneNumber Zi Owner(. yCorporate Officer(s) (list ruunes and addresses of all per.;ons have a beneficial interest in the business/co on Name: Frn'j t~ R~c'L 7~ 5" L.o.f.,~j mz.Sl..\::l Address \tr Air hI ns.o \'\ ('YW, City State Name: Address list aJditWnal owner s :Ie ale s/teet Stale Lessee (if annlicable) B53>50 Zip Zip Name: State CIIv Address list all individual. involved in e services Name: F m i ~ P-c:c..t... 745 UA'h.<:'LNOOr\ 'D'/?o Si. u-Hv.kh\~G''\ VYln Address City Stale Name: .1. nee State City ZI" ~~?:,'-X ) Zip Zip loee J . . . City of Hutchinson Application for Massage Service Page 2 of3 Describe Nature ofMasS8l>e Business and M8SSIl2e Services Offered .feJo,lItAhonYYlG\.<"S(AC1P, - 301100 J <='Ie, i{V\\V\. I \-tt:,'\"""7',\c)'lRJ f J...'>'€. \~) \ Vh YY\cA~<'(Ic~-t:>,.,,-, h Y"I-t- ~C(,lAbs (3(, 'YlI 'n) sefUcB Insurance Coverage Information (alIach puhlic liability Insurance polley or certificate oflnsw'ance thai meets or exceeds limits established in CltvOrdinance 6.43; Sabsectlon 7) ~~h n \-a:z-..::t. '1\ ';";'1 A.{'O\rG~ Insw'ance Company PbPJO)( NIl \-\eC\o)2.1\Y,n Address 36lO- 646-iIii R3l C'fL-f Phone Number mur\~<; l-\o~hD(Yl Agent ame \-teC'~\Q2.. iV\ () y City State Zip 33()- 8 L.j is -a 1) g t.D Fax Number .. Back<rroWld Statement Have you or any operators been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations? CI YES )( NO If yes, state nature of offense and punisbment or penalty therefore: Manager Information (Ordinance 6.43 subsection 6 requires that the manager of the establishment be "a natural n wbo is a resident of the C' . Please lele the folio' con . co Iiance with this ordiDlmce Em'l 'LA h-eC.\:- SP>,7- 38'[oS D Manager Name Phone Number 745 ) G-'he.i ""cY':r1 nlZ..~.0 l-h ,,-kn\'lZ0nVY\n'3~~ . Manager Address City Stale Zip Checklist all items must be checked 08" in order for the Iication to be sed The following items need to be completed and/or attached in order for the application to be processed: Copy of insurance that meets or exceeds \imits established in the ordinance: ~es CI no Application fee paid in full (cbeck or money order): ~es CI no A Iication leted in full and si 08 CI no wee) . . . City of Hutchinson Application for Massage Service Page3 0[3 I hereby certi1Y that I have completely fiJIed out the entire above application, together and that the application is true, CO<Tect, and 1lCCIJ1'8Ie. I fuIIy un<ieIs1llnd that any person who violates any provision of the Massage Services Ordinance No. 6.43 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. >? ~.Y-,fVtJ. ~ P}(~i -' (J(J+-~ / -O--:r ~ . SiCe of Applicant . Date Em; l.ij h~, {j6+-~1-(J--r PrlnJ Name TItle NOTE: No opplication will be fOl'WlUlled to the CIty Council unless received OIIe wed prior to the ,egubu Coundl meeJing,jUJed out in cornpIeJJon, tmdlee paymettt Is IlItIIdted. I Internal Use 0nJv Building: 0 approved 0 Notes: Fire 0 approved Q denied Notes: Police 0 approved 0 denied Notes: City Council 0 approved 0 denied Notes: H:I..aamMI~Ooc (oCe ') . 111 Hassan Street Southeast Hutohinson. MN 55350 (320) 587-5151IFax: (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 davs before event in order to be considered 3:fAAlfl5mS/fl (]JtTHO&/(I, r!rktIU!if 3a?-S87-6.S07 Name Phone Number J( UO L-11-f(E 'J,f-. Stu J./qTCif INSO /jI1 //11/ Address where regular meeting are held City State Day and time of meetings? t//7f t<<~. k,,1t?t'/ /hCNT/f 7'ooPIY1. Is this organization organized under the laws oflhe State of Minnesola?~Yes 0 no How long has the organization been in existence? I :J.?rj~ How may members in the organization? ~ t- What is the purpose of the organization? /(~&/GI Ol/IS - E::i:xItlAT/ CfrV In whose custody will organization records be kept? ~/Z-/ -r/i.u/ Name quo LA-K{- 3f-.S4.J Address o full Year January I - December3 I, Fee: $100.00 Year 'Jf--. Short Tenn Date(s) / ;)-,PO -() 7 - I ?-';>o~7 Fee: MonthlD {Year-MonthlD {Year $25.00 ization Information . SS3SV Zip 3:;O-S-<(;7 - (j; SO? Phone Number f/rp'O! I Ngcilt-\ Ci ;11# State SS3SQ Zi ~-S~7-(/So7 Phone Number !lC/TC/I WfJo N- City Place of Birth: Dulv Authorized Officer of the Organization Information ({ €:;u. GeIZAl.J? .$. /J),r;-/ /)L- True Name 10/& !\Or- ~t/Ii:. ,C,W Residence Address ;t I ? 111ft" Monthl daylyear Have you ever been convicted of any crime other than a traffic offense? ffJ A/ State 1'1 E" IV' 1/ t./11 City o yes ~o Date of Birth: If yes, explain: . .5.535"' Zip ,#lly State CoC~) . . . City of HllU:hbuon App/lcationfor Bingo Gambling DeWce3l.Jcense Page 2 of3 Desi True Name aJ_.s--S7-tPs67 Phone Number HOrrfifNS01V1 /7/",,/ !;;S-S~6 City State Zip Place of Birth: Sf-, P&u L /YJ III City' State Dyes )a'no 'lIE G R.A tjA-1Yl Residence Address si: //3/&:;;}- MontWday/year Have you ever been convicted of any crime other than a traffic offense? Date of Birth: II If yes, explain: How long have you been a member of the organization? Game Information Location # I 3t:A /lfItSrfj-SlfJ riAmdLJ(I ~R.1!f/ 6;;:;0-.56''7-(;;.507 Name of location where game will be played Phone Number L(cAJ UK t:- ?,j SW. Ikrcfl INS o.lV, /11 A/ Address of location where game will be played City State Date(s) and/or day(s) gambling devices will be used: 1,9-:30 -0 7 through AM From j.'OCJ @' To ..f:S .>S-O' Zip / ;}-:;o-o7 AM ,? 'Q:::J @ Hours ofthe day gambling devices will be used: '2 Maximum number of player: Will prizes be paid in money or merchandise? 0 money ~merchandise Will refreshments be served during \he time the gambling devices will be used? If e will a char e be made for such refreshments? 0 es 0 no Game Information Location #2 Dyes ;sCno Date(s) and/or day(s) gambling devices wil used: Phone Number ----'. ----- ~ State ,// through ...-/' AM PM To AM PM Zip Hours of the day gambling devices will be used: Maximum number of player: Will prizes be paid in money 0 erchandise? 0 money erchandise Will refreshments be se during the time the gambling devices. If es will a char e be made for such refreshments? 0 es 0 no .... Dyes Ono 10(6 S. Name /(aE- A-/J & S W Residence Address 5535' Zip L sreJ f2:- Title !larcH! NSOIY; /hN City State Name Title Residence Address City State Zip lo(~ ') . . . CiJy of HuJdrJn.wn Applicationfor Bingo Gambling Devices license Page 30f3 Name Title Residence Address Ci State Zi Officers or Other Persons Paid for Services Information lif necessarv, list additional names on seoarate sheet) Name Title State Zip Residence Address City Name Title Zip State Residence Address City Name Title State Ziv Ci/v Residence Address Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions ofalllaws, 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 ~es d'~ Dno~ Dno Authorized Officer )i(yes Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. {Z//. .t///i// ~ 9h"p( .f Signature of author. ed officer of organization 11- e-tJ7 Date r7~'~ Signature of gambling manager of organization (/-8-()7 Date Internal Use Onlv City Council D approved D denied Notes: lQ(~) .e Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St Paul MN 55101-5133 (651) 201-7507 Fax (651) 297-5259 TTY (651) 282-6555 WWW.DPS.STATE.MN.US e-". . ~'~' . . .". APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER CITY ~ ~;D BUSINESS PHONE (510 5n~ 9 STATE ZIP CODE '5 HOME PHONE 1 ~J.ll) 5;f) - 1 ( b '[ W~ ~~ice\se "!ill be used. If an outdoor are\ desc~be " \) Ch..\ (1\0" LJ~ .:2/1 '<"'. o OF ORGANIZATION 0().f\~ Jjl'. S,C\'\ ORGANIZATION OFFICER'S NAME Will the applican,t Fontract for intoxicating liquor service? If S? gire ~e name and ddress of the liquor licensee providing the service. ~ _ V't=W ~\ "lol, - 0t- .\r-.l jO Will the applicant. carry liquor liabil\ty insurance? If so, please provide the carrier'i,name and amount of coverage. () {J So ~ I....}-€.'>..\ ~od: 'I.-C\c,ua.A<'I.l"'-<" CO. - ~ I. /)O~ 000 AP1WV AL APPLICA nON MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITIING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY ~~ 1t";:l\~v'\. CITY FEE AMOUNT ~ SO. UD DATE FEE PAID .il- 8;-07 DATE APPROVED LICENSE DATES SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECfOR ALCOHOL AND GAMBUNG ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Fonvard application signed by city .odior (ounty to the address above. If the application b approved tbe Akobol aad Gambling Ellforcement Division will return thb application to be used ItS the Uceue for tbe event . PS-09079 (05/06) CoC~) ~ - . . . . Memo Too Mayor & City Council From: Brad Emans, Fire Chief CC: Gary Plotz, Ken Merrill Date: 11/1912007 He: 2007 Fire Safety Grant Hutchinson Fire Department The Hutchinson Fire Department would like your approval to apply for a 2007 Fire Safety FEMA Grant The grant would be used to replace the "Fire Safety / Educational Trailer" currently owned and used by all of the fire departments in Meeker and McLeod County. The current education trailer is approaching 15 years old and is in desperate need of replacement I have attached an explanation of the project and funding source, please note that NO city funds will be necessary to complete this project. 1 (o( h ') ~. ". . . . 2007 Fire Safety Grant Hutchinson Fire Department will be applying for a U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) grant for a regional fire safety trailer. This year we will be asking for funding for a combination sprinkler and Fire Safety Trailer, with the following additional items: . Weather Smart Package. . Loud speaker system package. . Wheel chair ramp accessibility package. . Smoke detectors for the hearing impaired. . Awning package. . Graphics package. Total price for the grant will be $61,329, with a 10% match being paid by the MeekerlMcLeod County Fire Chiefs Association. No cost will be associated with writing the grant, nor receiving the grant by the city. LoCh\ . . . Memorandum TO: Mayor and City Council Brenda K. Ewi~an Resources Director City Employee Holiday Party FROM: RE: DATE: November 15,2007 The City of Hutchinson Employee Holiday Party is scheduled for Friday, December 14. In past years, the cost for the party has been covered by funds paid by the attendees (employees and retirees) and funds collected by the employees through previous snack sales. In 2006, the City Council authorized using City funds to cover a portion of the cost. It is requested that the Council again consider covering $3.00 of the cost of the party per person, with the remainder of the cost to be paid with the employee snack funds. The City of Hutchinson Personnel Policy - Employee Handbook does allow the following in regards to employee events and the use of City funds: Unless approved by the city administrator, no employee shall receive pay from the city in addition to the salary authorized for the position to which the employee has been appointed. However, compensation in the form of an annual picnic, holiday activity, or tribute at a funeral, may be authorized by the city council to recognize the contributions of employees and/or board members. It is requested that you review and consider this requested use of City funds. As the Council is invited to the annual Holiday Party, it is anticipated that the Council may propose to set the time and location for the party as a meeting. The party is scheduled for Friday, December 14,2007, from 5:30 to 8:30 p.m. at the Hutchinson Event Center. I plan to be in attendance at the Council meeting if you have any questions. <0(1) . . . TO: Mayor and City Council FROM: Sharon Anderson, Administrative Technician DATE: November 21, 2007 SUBJECT: License Renewals for 2008 The following business/organizations have submitted applications and payment for 2008 licenses: 2008 LICENSE RENEWALS Massa!!:e Licenses 1. Hutchinson Therapeutic Massage Center 2. Red Clover Massage & Wellness Tobacco Licenses 1. Econo Foods #333 2. Food-n-Fue1 3. Hutchinson Outpost, Inc. 4. Sinclair 5. Speedway Super America #4315 6. Wa1-Mart 7. Lamplighter Lounge 11, Inc. 8. Casey's General Store 9. Freedom Valu Center 10. Murphy USA 11. Coborn's (Cashwise) . 12. Coborn's (Holiday) 13. Hutchinson Co-op 14. Pipe Dreams 15. Crow River Golf Club Hanlin!!: Licenses 1. Waste Management 2. TCW Hauling CD (~) Q .~ Hutchinson Area Health Care Hutchinson Community Hospital Bums Manor Nursing Home. Dassel Medical Center 1095 Highway 15 Sauth Hutchinsan, MN 55350 (320) 234-5000 November 21,2007 The Honorable Mayor Steve Cook and Hutchinson City Council Members RE: HAHC Billing Move Dear Mayor Cook and City Council Members: The Hutchinson Area Health Care (HARe) Board of Directors, as part of their November meeting, approved the plans for a capital expenditure request relating to the relocation of the Billing! Accounting department from the Plaza building to the Freemont building. This move will accommodate Fresinious Dialysis of Hutchinson to move out ofthe hospital to the plaza. Hutchinson Dialysis has approved a 10 year guaranteed lease. The following is a summary of the board's approval at that meeting: . 1.) Following discussion; motion was made by Ms. Ristau, seconded by Mr. Knutson to forward a recommendation to the Hutchinson City Council for approval to spend up to $153,500 for relocation of the Billing! Accounting department Capital Expenditure. Motion was carried. The Billing move capital expenditure request form is attached. Thank you in advance for approval of these capital expenditure requests. Sincerely, HUTCHINSON AREA HEALTH CARE 01!/ f!!::!!:,lopm~t & F~iliti" On behalf of Mary Ellen Wells President/CEO CL:sh . (OC \'-.") . . . Q - Hutchinson Area H""hh Care CAPITAL EXPENDITURE REQUEST FORM (Required for capital PlJrchases $5,000 or greater and having a depreciable life of one year or more.) Cost Genter Number: _1210-9990 Cost Center Name: BiIIlnq Move Date: 11-16-07 capital Number: Capital Name: Project ID 003F0711 Description: RelOCaleBilling/Aocountlng from the Plaza to Freemont Stre~to accommodate Fresinious Dialysis of Hutch move out of the hospital to the Plaza. Hutch Dialysis has approved a10 year guaranteed lease. Present System: Alternatives to Proposal: RelocatecJ Billing to other available space - none is available; If we do not create space for Hutch Dialysis to expand, they will look for space to relocate other than on HAHC properly; thus lOst revenue and a lost compatible service for HAHC. Rationale for Recommendation: We anticipate full recap of costs to mOVE) within 45-48 months. Amount Budgeted: Not budgeted Proposed Purchase Price: $153,500 If not budgeted. state. budgeted equipment to be "traded" for requested capital equipment: Manager! Supervisor Signature: D!vision Direct?!'/.. Ii li Signature: \....,d '.'''' /1.( / .;;.:;1, ..., ,/ _r.-,,-.,..J.., "'" Ie':'';'' <r!.;>f '/, 'P&vJ-/~ President Signature (required for purchases $5.000 or over): OOMINOIf'ORMS\Capilal Expenditure R~quost Form Form #2056 LaC. ~) 3D . . . 11/1512007 5:35 PM HUTCHINSON AREA HEALTH CARE CAPITAL BUDGETING ANALYSIS Novemp"r, 2007 L, ~~Lil ,.;...-ita-vl \(( v'":f 6'/.'-( l lv~~V'.C,CJ leep DIALYSIS MOVE TO PLAZA & ACCTIPA TIENT ACCTS MOVE TO EYE CLINIC SUMMARY DialySis currently occupies 1 , 188 square feet on the hospital lower floor. Accounting 8. patient Accounts a", at Plaza 15 in an erea thai is 9.478squarefeal Current Space Naw Space Olalysil; Is planning to mova to Plaza 15, to whare Accounting & Patient Accounts currently are located. Dialysis will rent 5.955 square feet. Accounting & Patient Accounts will move to the Regional Eye building. Pro Forma The estimated cost to move Accounting & PatIent Accounts to the Regional Eyebuliding is $153.300. Dialysis rental at the hospital Is $1,361.98 rnonthly. Their rental expense at th" plaza will be $4,962.50 per month for yaars 1-3. This will Increase 10 $5,706.88 fa( ye;lrs 4-7 and then to $6,451.25 for the remaining lease teml. In addition to rent. dllllysis will pay their pro rata share of Common Area Maintenance (CAM). insurance. real estate taxes. and special a$sessments, This analysis only takes Into consideration the change in rent. It does not take into consideration the change in Common Area Maintenance (eAM), insurance. real estate taxes, and special.assessments. CAPITAL DECISION RULES Incremental monthly renl change for year 1 (does not include the variance in CAM and other add-On costs) $3.601 Payback Years 4 Nel Present Value over 5 years $30,302 Present Velue Te17l1s: Interest Rate 6.00"'{' C:\Documenls and S8ttingS\CMLUO,1\L~ SettJngs\TempOr8ly lntemit Files\OLK42F\Olaiysis Acd.PalAcct Move-.xIS (oCI<.") t~ . . . ITEM: Consideration of Fundamental Corporate Change of Transferring the Assets From Hutchinson Telephone Company to ~ew Ulm Telecom, Inc. BACKGROUND: In 2000, the City granted a cable television franchise to Hutchinson Telephone Company. Hutchinson Telephone Company has been sold to New Ulm Telecom, Inc. Under the Federal Cable Act and Minnesota Statutes Chapter 238, New Ulm Telecom is required to file a FCC Form 394 requesting approval to transfer the cable franchise from Hutchinson Telephone Company to New Ulm Telecom. One October 5,2007, New Ulm Telecom filed a FCC Form 394 with the City. The City engaged the outside law firm of Bradley & Guzzetta, LLC to assist the City in its review of this filing. Bradley & Guzzetta, LLC has represented the City on cable television matters as outside counsel for many years. When the City receives a FCC Form 394, the City must review the new company's financial, legal, technical qualifications. Upon doing this, Bradley & Guzzetta has recommended that they City conditionally approve the transfer subject to certain conditions. These conditions include not waiving any rights the City has regarding franchise compliance (e.g. underpayment of franchise fees), requiring New Ulm Telecom to be bound to the same franchise terms and conditions, requiring written financial guarantees by New Ulm Telecom, requiring that New Ulm Telecom not increase rates for 3 years due to this transfer, requiring the new company to be responsible for all past acts of the franchisee, and requiring that New Ulm Telecom receive all necessary state and federal approvals. The resolution also requires that all of the City's costs, including attorneys fees, incurred in reviewing the FCC Form 394 be paid by New Ulm Telecom. STAFF RECOMMENDATION: Conditionally approve the transfer application of New Ulm Telecom pursuant to the terms in the attached Resolution. ,c'^' . RESOLUTION NO. 13301 A RESOLUTION CONDITIONALLY GRANTING THE APPLICATION OF NEW ULM TELECOM, INC. AND HUTCHINSON TELEPHONE COMPANY FOR APPROVAL OF THE TRANSFER OF OWNERSHIP AND CONTROL OF THE CITY OF HUTCHINSON CABLE FRANCmSE AND CABLE SYSTEM CURRENTLY OWNED BY HUTCHINSON TELEPHONE COMPANY WHEREAS, pursuant to Ordinance No. 00-283, the City of Hutchinson, Minnesota ("City") has granted a nonexclusive cable television franchise ("Franchise") to Hutchinson Telephone Company (the "Franchisee"), to construct, erect, operate and maintain a cable communications system (the "System") to provide cable service and any other lawful service in the City; and WHEREAS, New Ulm Telecom, Inc., a Minnesota corporation ("New U1m"), Hutchinson Acquisition Corp. ("HAC"), a Minnesota corporation and wholly-owned subsidiary of New U1m, and the Franchisee, a Minnesota corporation, have entered into an Agreement and Plan of Merger (the "Agreement") dated as of August 3,2007; and WHEREAS, New U1m has represented that the Agreement has been unanimously approved by the Boards of Directors of New Ulm and the Franchisee, and has been approved by Franchisee's shareholders; and . WHEREAS, New Ulm has further represented that approvals have been issued by Federal Communications Commission and the Minnesota Public Utilities Commission; and WHEREAS, under the Agreement, HAC will merge into the Franchisee, outstanding Franchisee stock will be cancelled, HAC stock will be converted into Franchisee stock, and the Franchisee will continue as the surviving corporation under the ownership and control of New U1m (the "Proposed Transaction"); and WHEREAS, under the Proposed Transaction, the Franchisee will continue to hold the Franchise, but the ultimate ownership and control of the Franchise and the System will change; and WHEREAS, the City has concluded the Proposed Transaction will result in a transfer of ownership and control of the Franchise and the System, which transfer constitutes a fundamental corporate change and the creation of a new controlling interest; and WHEREAS, the Proposed Transaction requires the prior written approval of the City in accordance with S 9.5 of the Franchise; and WHEREAS, New U1m and the Franchisee filed with the City a copy of Federal Communications Commission Form 394, dated October 5, 2007, together with certain . attached materials, which documents more fully describe the Proposed Transaction and ~Ck) . which documents, with their attachments, contain certain promises, conditions, representations and warranties (the "Transfer Application"); and WHEREAS, the City has reviewed the Transfer Application and the October 16, 2007, e-mail from New Ulm's legal counsel (both of which are incorporated herein by reference) and has considered all relevant factors, including (but not limited to) New Ulm's fmancial, technical, and legal qualifications, and the Proposed Transaction's impact on services and rates; and WHEREAS, in reliance upon the representations made by and on behalf of the Franchisee and New Ulm, the City is willing to grant its consent to the Proposed Transaction, so long as those representations are complete and accurate, and the conditions set forth in this Resolution are satisfied at all times. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA AS FOLLOWS: Section 1. The City's consent to and approval of the Transfer Application is hereby GRANTED in accordance with the Franchise and applicable law, subject to the following conditions: 1.1 The City does not waive any and all rights it may have with regard to any underpayments of franchise fees; . 1.2 The City does not waive any rights it may have with regard to Franchise violations which may be identified as part of any technical audit completed after the consummation of the Proposed Transaction; 1.3 The City waives none of its rights with respect to any and all known or unknown Franchise compliance issues or any and all known or unknown Franchise violations that exist or may exist prior to or subsequent to the closing of the Proposed Transaction and the Franchisee will continue to be completely responsible for any and all unmet obligations or liabilities under the Franchise as of the closing oftheProposed Transaction. The City's approval of the Transfer Application shall in no way be deemed to be a representation by City that the Franchisee is in compliance with all of its obligations under the Franchise and applicable laws, regulations, codes, standards and decisions; 1.4 After the Proposed Transaction, the Franchisee will continue to be bound by all the commitments, duties, and obligations, past, present and continuing, embodied in the Franchise and applicable laws, regulations, codes, standards and decisions. The Proposed Transaction will have no effect on these obligations, commitments and duties; . 1.5 New Ulm shall provide an executed written certification to the City in the form attached as Exhibit A within 30 days after closing of the Proposed Transaction, certifying that together with Franchisee, it has the resources, fmancial and otherwise, to satisfy the 2 ((0-..') . obligations of Franchisee. New Ulm or the Franchisee shall provide the City with written notification that the Proposed Transaction has closed, no later than 10 days after the closing date; 1.6 New Vim shall affirmatively guarantee City in the form attached as Exhibit A that it will not interfere, directly or indirectly, with the Franchisee's ability to comply with the Franchise, and applicable laws and regulations; 1.7 New Ulm shall provide an executed written certification to the City in the form attached as Exhibit B within 30 days after closing of the Proposed Transaction, specifying that subscriber rates and charges in the City will not increase as a result of the Proposed Transaction for a period of three (3) calendar years following the closing of the Proposed Transaction; nothing in that commitment, however, will prohibit New Ulm or Franchisee from changing subscriber rates and charges consistent with applicable laws, regulations, and decisions and in accordance with past practices or industry standards as a result of change in Franchisee's costs of programming or improved service or products offerings. 1.8 The conditioned approval of the Transfer Application does not amend or alter the Franchise or any requirements therein in any way, and all provisions of the Franchise remain in full force and effect and are enforceable in accordance with their terms and with applicable law; . 1.9 The City is not waiving any rights it may have to require franchise fee payments on present and future services delivered by the Franchisee or its subsidiaries via the System; 1.10 The City reserves all of its rights with respect to the Franchisee's future compliance with the terms, conditions, requirements and obligations set forth in the Franchise and applicable laws, regulations, codes and standards after the Proposed Transaction closes; 1.11 The City's approval of the Transfer Application is made without prejudice to, or waiver of, any right of the City to consider or raise claims based on the Franchisee's or New Ulm's defaults, any failure to provide reasonable service in light of the community's needs, or any failure to comply with the terms and conditions of the Franchise, or with applicable laws, regulations, codes, standards and decisions; 1.12 After the Proposed Transaction is consummated, the Franchisee will continue to be responsible for all past acts and omissions, known and unknown, under the Franchise and applicable laws, codes, standards, decisions and regulations for all purposes, including (but not limited to) Franchise renewal and Franchise enforcement to the same extent and in the same manner as before the proposed Transaction; . 1.13 The proposed Transaction shall not permit New Ulm, the Franchisee, or any of their affiliates or subsidiaries to take any position or exercise any right with respect to the 3 1 (c.. ') . . . Franchise and the relationship thereby established with the City that could not have been exercised prior to the Proposed Transaction; 1.14 Receipt of any and all state and federal approvals and authorizations; 1.15 The Proposed Transaction and the Transfer Application are not inconsistent with applicable laws, regulations, rules, orders and decisions; and 1.16 Actual closing of the Proposed Transaction consistent with the Transfer Application. Section 2. If any of the conditions specified in Section 1 are not met, then the City's consent to, and approval of, the Transfer Application and Proposed Transaction is hereby DENIED and void as of the date hereof. Section 3. New Ulm or the Franchisee shall reimburse the City for the full amount of actual professional fees and expenses it incurred in reviewing and acting on the Transfer Application, up to an amount not to exceed $5,000.00. The City will present a single invoice to New Ulm, itemizing the fees and expenses incurred. New Ulm or the Franchisee shall remit payment for such professional fees and expenses within 30 days of its receipt of the invoice. Such payment shall be made directly to the City and not through a payment to any other entity. If New Ulm and the Franchisee fail to reimburse the City as required in this Section 3, then the City's consent to, and approval of, the Transfer Application and the Proposed Transaction is hereby DENIED and void as ofthe date hereof. Section 4. If any of the oral or written representations made to the City by (i) New Ulm, (ii) the Franchisee, or (iii) any subsidiary of the foregoing prove to be materially incomplete, untrue or inaccurate in any respect, it shall be deemed a material breach of the Franchise, and the City shall have available to it all rights and remedies under the Franchise and applicable law, including, without limitation, revocation or termination of the Franchise. Section 5. This Resolution shall not be construed to grant or imply the City Council's consent to any other transfer, sale or assignment of the Franchise or the System, or any other transaction that may require the City's consent under the Franchise, or applicable law. The City reserves all its rights with regard to any such transactions. Section 6. This Resolution is a final decision on the Transfer Application within the meaning of 47 U.S.C. S 537. Section 7. The transfer of ownership and control of the Franchise and the System from the Franchisee to New Ulm shall not take effect until the consummation of the Proposed Transaction. 4 1(c-.\ . Section 8. This Resolution shall be effectively immediately upon its adoption by the City. Adopted in adjourned regular session of the City Council of the City of Hutchinson, Minnesota held this _ day of November, 2007. Mayor Attest: City Clerk . . 5 ILe.. ') . . . Exhibit A GUARANTY OF PERFORMANCE AND NON-INTERFERENCE New Ulm Telecom, Inc., as the ultimate parent entity of the Franchisee, upon the closing of the Proposed Transaction certifies that: (i) it wiD not interfere, directly or indirectly, with the Franchisee' ability to comply with its Franchise obligations, and applicable laws and regulations; and (ii) it, together with Franchisee, has sufficient financial resources to satisfy all current and future obligations in the Franchise and it wiD at all times ensure that the Franchisee has the capability (a) to operate and maintain the System in accordance with the Franchise and applicable laws, regulations codes and standards, and (b) to fully comply at all times with the Franchise, and applicable laws, regulations, codes and standards and guarantees such performance. New VIm agrees that any failure to adhere to this guaranty shall be deemed a violation of the Franchise held by the Franchisee. EXECUTED as of NEW ULM TELECOM, INC. By: Name: Title: Address: 6 1ClA) . . . Exhibit B GUARANTY REGARDING RATES New U1m Telecom, Inc., upon closing of the Proposed Transaction, guarantees that rates and charges for cable service offered by the Franchisee in the City of Hutchinson will not increase as a result of the cost of the Proposed Transaction for a period of three (3) calendar years. Nothing in this commitment, however, will prohibit New U1m or Franchisee from changing subscriber rates and charges consistent with applicable laws, regulations, and decisions and in accordance with past practices or industry standards as a result of changes in Franchisee's costs of programming or improved service or products offerings, if the changes are not related to the cost incurred in the Proposed Transaction. New Ulm agrees that any failure to adhere to this guaranty shall be deemed a violation of the Franchise held by the Franchisee. EXECUTED as of NEW ULM TELECOM, INC. By: Name: Title: Address: 7 "1Cc..) . . . Memorandum TO: Mayor and City Council Brenda K. EWin~man Resources Director Performance p~y loposal FROM: RE: DATE:. November 8, 2007 Attached is information for the City Council in regards to the Performance Pay agenda item for the November 13, 2007, Council meeting. The information includes the following: 1. Current Merit Increase Guide for Open Salary Ranges as included in the 2007 City of Hutchinson Compensation Plan 2. Proposed Pay Plan Merit Increase Guide as prepared by Mayor Steve Cook 3. Data spreadsheets for each quarter (ytd) that includes the actual performance increase granted and the resulting increase if the Mayor's proposal is applied 4. Graphical illustration of the actual and proposed performance increases (Note: The raw data includes instances of multiple employees having identical campa ratios and increase amounts. In these situations, a separate data point was not able to be noted for each individual employee.) Please contact me if you have any questions regarding the information provided. I plan to be at the meeting on November 13. Enc!. ~ Co--') I Current 2007 Performance Pay Matrix ~pa Ratio o to 1.1 to 2.0 to 2.76 to 3.51 to 4.26 to 1 1.99 2.75 3.5 4.25 5 80-84.9 0% 0% 4% 5% 6% 7% 85-89.9 0% 0% 4% 5% 6% 7% 90-94.9 0% 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 0% 0% 0% I 1% 2% 3% 110-115 0% 0% . 0% I 0% 2% 3% I . . qC lA. ) Proposed Pay Plan . (Prepared by Mayor Steve Cook) Achievement Level o to 2.3 to 2.9 to 3.5 to 4.2 to 2.29 2.89 3.49 4.19 5.0 Compa-Ratio 80-84.9 0% 3% 5% 6% 7% 85-89.9 0"10 2% 5% 6% 7% 90-94.9 0"10 1% 4% 5% 6% 95-99.9 0"10 0"10 3% 4% 5% 100-104.9 0"10 0% 2% 3% 4% 105-109.96 0% 0% 0% 2% 3% 110-115 0"10 0% 0% 0% 2% Possible salary increases for various performance levels - for comparison purposes. 83% 85% 86% 87% . 86% 90% 92% 94% 88% 94% 97% 100% 90"10 98% 101% 104% 91% 101% 104% 108% 92% 103% 107% 111% 93% 105% 109% 113% 94% 111% 115% 95% Target 95% 105% 110% 115% )> Y, Merit increase if any category rated "Needs Improvement" or "Unsatisfactory" when current pay scale above 100% )> Y2 Merit increase if any category rated "Unsatisfactory" when current pay scale below 100% . qCix) 11st Quarter Pertormance Increase,s I t~~~i~~. :,'~'. jJ;'r._if: ~~~.\.~ r . -2, 00' ~i'.I.I~~... ~~-,. ~ f~~J~l~ -' _i. .,." k.,.fI I" I Employee r. >,C'o.mp.B"_.-' Appraisal ~~20~Ql~?{O~" i-~f;\_ -Ending~~-].; {R~tlQ~~'1 Score ~~Jo~=(,a.$)i/;; :~..Q~ri1Ra Rati9 'j ~ ~.,p--'__'.I. ~ l~"""~Mi" '!!'~".".d ~-.t,~ ~ ...~',: ~." -' .~v~~~,~ ~,:_' ;..~~. ,;.'1'~~~ ~~ 4.26-5 ~~~OO~ ~~;.~~_~~~- ":~11,:~.:4 ~~~~. ~- : ~ _ ~: '1:.-T~ ,~ ADMIN 1 :~ 1"'O"Q~.~ LEGAL _ ~h _~" ~Fr ,,- ;;~ t 2 -,. ~ tQ3~.(j 4.34 tr~ fAr((llrzJ j~~..~:~~~\: 101:.1 3 _ .. - .d 80~P nJa new-e~li)ployee ~ -: ~~:_ .1 fr' :-_ FINANCE "'j' ~~~.:~= ....- ~}t.~~?~~-"'"~ - s- --;; 1 4 ~ !f02.P: 3.51 ~~~~OD'o/~ "" _ - _ -1.05..1~ 5'; 10j~-1 3.88 ~~~~OO%' ~-.. ~ 1-09..2, .6 _ '4 "102J) 3.76 ~1-:o1f~ ~~-? - - ~105.1 7 'C. _ "<1P~.Q, 3.52 ~~a~~~_.= _ _~ __ -105.1 PLANNING ~,,~ ~ ~~;~-,~~Jf ~~ ~ __.- ' ~ B -~ ~ ~:r01l2 ~~~~ .;~~~.. -1 kO ~~ ~ POLICE : ~ ~~~:~ ~ ~,. _. ~ 9 . 1Q3.0 4.11 ~l;.3~g'PJ~i ~_~~ ~ - ~O&.1. I 1 0 10~;1 4a52 ~~;:_~3_~ob~ ~i '" _ .. - 1.:1.1..~i 11 ~ 1 02.~!l 3.58 ~ t~ ~~J:jjo!fq __ ~ _ .... 105...1 12.- - 1. . 03'.~O. .. 3 87 ~~~. ~~"- 0' .0'- '"0/ .. ClIo. 10' 6' ~i1" : - .... ~:t:r~.--=J~.~. .... w · ' 13 - 10~.1. 4.03 ~!r;~~;90~~ ~ 109..2' 14 PO - - _ '15~ 4. 32 .~~~. ~::5.:rtO$ ~ ~-.-- 1 O~-.~, 15 1: (l3:0 4.06 ~~~~.~O!l~~ - 106.1 1.6 103;.o~ 3.45 ~~~:O~ : ;~' 1nS.'1 BUILDING EN_F~~>"RClEME_NT i;m~~~:1-- ~ ~ ;~'L-~~ _- ~___._:' ~ '";:. I 17 l 84fe 4.19 ~~r~J~OOo/t?~-- 89;9 18 ., -~10-0~8 4..48 ~~~4~OJJo/~ _ (~.. 1Q4~9 P:RCE .~ .. e ~ ~ I~~~~~:~~~ .. ~;;~ .~~ ... 19: -~a~-a' 4.19 :~~~--~~O~01>>ii,'~~ .~ ~-.~ - 98-1 20 e ~"~-98~9~ 3.14 ~W~j).p?l~ 10'1.8 21.. .~ ~,.1,08=2- 4..51 ~~~~3~pgrt! 1 t 1.4 WATER .II" ~ ~~~ ,,\ ~- ." ., _, ~~~_ --.~ ,.;c. _ '.. .OJ Q...... 22 ~ ~. $j);.6~ 4.01 :~~4~~fl%: 100.4 PUBLIC WO~S_~~.- ~i .~. ~~~(~~ ~~i: ~~~~:..7'b _~'I:,::J::i ~~J ~: 23 ~ .. ~>I;~J80~O. n/a new emsjtQY~~A~~~~~~~ ~~;i~' .;... ,i;b ~O, 24 : -, 1~(t7~1' 3..51 ~~t~~([O?lQ" ~~~'.f!< l:;;.:.~1Q~l~2 25 ~~r ~..".~i8.3;9' nfa new emilJJfii:Q.~f:t~~ 'j~~':'fi/.".. t~~" "8~3~9, 26 l~ ~ 107r~'1' 3~43 tj~;~%~1Zij:Q~JI:~ :1' "108J~2 WASTEWAT'ERr.~~i(, i ~'I :~~)f~ '~~~I'f';; .:;'J~I~ti~Vl~~,~j!d 27 '".~''' .1'103.0 3.51 -~}~~~}jQPJ!~ ;:~:~.":.~,/:,v"'1Q6'".1' 28 'll~' ~ti$~1J. 3 .30 ~~:;-~ :-~~;Q'Q~ · 'e , ,;,1~O~~~8' 29 aO.o 3 .17 ~:.-:-:~tr.op~;a" -. ~~~;8'4 LIQUOR ~~ :-~..,r -.. l .~! - ,1", ._ ,. 7'.Jt' 30 31 32 ~ COMPOST 33 34 35 : 36 ~ 37 toO~o' 102.1' 10'O:Q r I~~foo 1 Q4.1' '100 -:::.::- !.;:'~'!!> ..!:~~-r- L. 3.18 ~- ~~-~ 2.00%'.~ ~- - ~" 1 03.0 "~O.O 80'.0 84.0 92,,4 2..89 t:,~-. - - 5.1)00/0 2..72. ~- _ 4.0D.% 2.89 - 5.000/0 2.93 4;~q.9/O -..~ 83..21 - '88~2 96.1 Mayor's Proposal 20()7 2007 Perf. Ending Increase % Compa Ratio .....84,11 3.000/0 111.4 4.000/0 I 3.000,k 2.000/0 I 3.0'00/0 3.000/0 3.,.00010 I 3.000/0 3.00% 3.0,00/0 2.000/0 I 5.00i% 3.00'% 2..0100/0 6.00% 4.0:0% 5.000/0 3.:000/0 3.00010 4~OO'% 2.00010 o~oo% 3.000/0 3.0.00/0 5.000/0 2.000/0 3.,00% 3.00% 3.00"0 4.00% I 107 .1 105.1 109.2 105.1 105.1 10'6.1 111.5 105..1 106.1 109.2 102..4 106.1 105.1 89.9 104,,9 98 1'01.8 111.4 100.4 80 109.2 83,,9 107,,1 1 06~ 1 102.8 I .84 100 104.1 100 82.4 82.4 86.5 96.1 q[~) I Mayor.s Proposal ~~~;~~~.~ ~ ~~ODI~ _~, 2007 Em,ployee -~ ];~mli(~ Appraisal ~ ~;-iQb1i$~ :.::~~ 'J:hding ~,~; 2007 Perf.. Ending ~~fi,atiQ~[ Score '" ~I"c~i~~~-'~l ~CQmpa Ratip: Increase 0/0 Campa Ratio ADMINISTRA TIPtl~ .~~}i~~~ ~~~:~:. '"" 1_ - ~~ k: 1 ~~1:lf4.;j): 4.84 ~~*~41tl~i ~~;;l'~; 108:2? ,ANCE ;:~:::.--~;~ ~,~~~~:'OO~~:"l :~ ~~-~ - 2 ~~aii.Q n/a new em )(9Y~~~~ ..~~~{~;_ . -~_:~80. MOTOR VEHIC~_;'.".,~~.....~_-- .1:~...;'-~_....fr.'.'i.._ :~~~--;-~:.~~,,"~.:.._~- ..., '="~~~;j ~~~ ~~-~~ .....:~-~~ ~--~--., .. ~ 3 ~~~liI. 3.15 ~~~bb~I~~~' 10~..~ ~~.. _~ ~:~~;- ~~~~ ~~z~~ ~. ~ -- ~;;"JZ 4 ~~j~~ 4.44 ~~~~~{g'Q~~~{!'~ ~98)3~ BUILDING ENFQR~~~ji~T..; ~~~~~: ~~it _, :- _ .~.-~.. 5 ~jf~~ 3..79 ~~:t!~OO~ :~+~~~~ 100-:% CITY CENTER .~.._. . ._~~~._$~ ~~~~" ~'~;~<~~:;;.. _ .~- '::.ri. . . . ...~.r' ~ ":~~~~c.- .. ;.M ~_ ~~,_~.:y"..._ __ 6 ~~L(Qta 4.55 s~~4tqti1lii ;!~~i.~~,;~~10'~ia ENGINEERING ~~~~~~. ~>>l.lfi~ ~;~~l~ ~".~/-~:,~~"~di 7 .~_;;""'~'~'.~'.. .'_~~..=:.~*.. -'_-~~j.~O~~,".~_O,'.-..l. ',3 97 ~~~?"~O'..~O. .o-t'7r~ ~~:w -:'~'''1~O' "~,f't ~~~3~ !!)_ . · . ~'-:~...., ;l~.~ti~~. '., ..Q.~'!;, 8 E&:.~~.'.. ~2~'6."; ~~II:;J .,;\j~92,\1S. IW,f~'f&'?~"'.. ;, e,r....'" -'''iJ;~~ 'Ii T"i~tcd 1L.:':'in '.. }II~L' _~ ..:.::~~~ .,;:'~~\w~~~ 911ft ,- ~;. - ~ . -';'iO. ~4.i ~ft 3.. 52 -~~O;O"'rj"...,tH-'f~~ .., "1' '0="6- "'i."r",r . -_;r.... .t>.;:~ .;:0.., . ra;_'-:._",~''i!.;J ~.~.rJt-:.&..: '';!~., _~;.- '1 10 ~ 'lfJ!9D~ 3.77 ~;i~~6~t[QDf~i}t.~.~d~~~-9}t!4~ 11 ~,..-J:'.._-=. _ _:,'~g:9____-). '<J 4 11 '~~~~4Ylfo~~ ;~ '~-~.~: '. ~51 O~~,8. .' -_ _ _ · -""n'~:'::. -..O","",_..~_,I'i"'~ '1...._ 12 ~~~~~~~&Ds~O: 4~17 -~~~~lloWo -~ ~ -.-~ '1'O~6~:1;. ...:~~. . - --... .... ~ ,.........."l.. -,., ~ ...r~.. _. ..... 13 ~~1J~D~ 3.44 ~~:;t?~~61JJQ~ ~?~.~ .g ..-: '" _M 14, ~~:~~~QaiO' 4.26 : ~~$~l~~ it:tl~.::C~. ~ 1Q7::1~ 1. . 5.~. ~;_'~:,_-"'..~~."b:~~..~~1Q'- ~,.9.........".~_',8. .. ~ 4 18 .-- '2r ~,J\Oo~ ~~ ~r. "'1. 0-3Co.S. .- ,,~~ - .~ · . ;--=-- R;__.g';'''~Uv.::.I~ :...~~~-- - ~ " _. ~.. 16 :~~~;t~1t3;~~ 3.64 ~~~3iQji% ~~;_-~"~~ ~,_1.(J6,..' :~~'" ~ ~~"\iJ;.~;~--~-- - '~~ 17 ~&~1Qa:~~~ ~ ~~~~j~~t1=~~f~~~~ ".. !-~, ~~~1~ ~J~?~';""$t~ _- ~~~~' ~-~ 18 ~J)1~1 4~29 ~;i~J900/~ ~J ~~! ~ -j10~~. 19 ~~~~~b8:1~ ~~~~~_~~-~ ~:.;~:.. ~- ,_ ~~....~.-...-..;i~~_~, ~~t;~~~,~..i .~ .~<~-.~ -' ~.. ~ ~ ~ ~~~~~;z . .ot~~}'g.. '.::=,:.. '1.. -. _ ;:' '!: 20 ~~{~~~1 3 '~~{llOJI~ ~~':~~J: ~ ~.~'~~J; 21 ~\~l'7;:t~~ 4.5 ;~~gq~ ~.:~~.:fJ c j 4:0~3 22t~~1~ot~11 3.14 ~~~7;.~1jtfQ?4t~:t~~:t:~';'P81:2 23. "~~~~'iW9-'Y9."''f8''; 3 56 ~;f~Af[O"O"".p'i~ .!j,J'1l~:~~ .J"03..IIS.' ~E~~ ~ ,"'! · :":~.l:~ ~.~" ._'!.~':t" ~.Ij.,~il' ~ 'I. .' 24 .U:~~~Pl~~} 4.55 ~~~~~~9J~ !~l.J~_~~)~~ :rt:~~~l~ 25 ~~~1~"7;~~~ 3.15 ~~~)~%fiQP/~ '~~~w~~~f~;~:~8:-2; 26 i$i~~10'2~O'. 3.02 R~~1trQ:r(t~d~~i' '"..;Jt04 PUBLIC WORK$~~t~ k .i_~~~~:1fg\('~l~CJ~~1 / '"f 2 7 ~il€~s~:t01..~ -1,~"~1~~~~i ( >"i-'f...~; ~"f~ ~- 'S -,r 28 :t~.ol-:~ 104.0 3~41 6':~ f412fOO~ ~~ ~ ~ ~ ~. 1 06~j6 29 __~1~:-;102~O 3.43 .;;~~~2.0,~$ ~ ;:~l ~_:'~i. 104; WAST'EWATER ~?-i;~:~ft;.~ ~~i?~'4~~~" _ : ~..l: -'~ ~ 30 .:~~~~ ~~3~,1 4.07 :~~~~~7;QO% -~-;;. ~ ~~ 8~8;~1, 2nd Quarter Performance Increases' PLANNING POLICE FIRE, ~ PRCE ICOMP'OST -~::t~-~~~-- .~~~~~~~.. :I _:_ 31 ~~~~~l=<~"8,O;O n/a ne:w em )toy~ee~~ _:~~ -~,;'...... --.. _ ~.80 32 ~~!~~~~~9.8.9 3..07 _~L~~3~(tO~ C'; -'" _ ....~~ 10'~"8 33 ~~~.~'-~ ~~84~O 2..85 ~J ~~:.QQ.%:' ~_ - - 8,8&~. ,"~-~~;_~~~_-1P ~4t_~~~7'~ 'I - -~ .. 34 ~:'~:-~~-80~~O n/a new em~loye!t~~~t~_ .~~""., 80 35 r-. ~ ~ :;"~~ :-80.0 nfa new emRIQ~ee}.~.f-~'=~~ ~ -. ~ ~ ~8.0. 36 .. ~Q_~O n/a new em ~,'die)~~~; "r- ~ -- .~g 37 -='~r~-~~ j 881'2 3.43 ~~~"!;~~5~0(1% ~,~~')" 92:6' 38 : .:::-e- - ~.~89..'O' 4.33.-~~;.?~7~OOJ'~ ,~: r~, ,I.~ I' 95~3 39 "~-~-" .'~, f34;'O ~ ~;~~~:fJ:z~;..~. wi: ~.. I'J i~~: 40 Q.4:11 3.21 __~-:~7:; S:;QOo/ti' >>.~~~~.';',-, J'.I 8Q:~ LIQUOR I I I 4.000/01 108.21 80 3,.000/01 102.9 , I' 6.000/0 I 4.000/0 98.3 100..21 4.000/0 104.8 3.00010 106.1 92.6 3..000/0 6..000/0 4.000/0 3~Oook 5..00% 4..00010 I ,4.00% I 3.000/0 , 106.1 94.4 103.8 106.1 841 107.1 10'3.,8 106.1 1 I 3.000/0 11,0.3 3.000/0 3.000/0 0.00:% 4.000/0 3.000/0 0.00% 2',,000/0 98..6 110.3 107.1 103.8 110.3 107.1 104 2.000/0 2,,000/0 106,,6 104 6,,000/0 88.1 3.000/0 3.000/0 l 80 1 01..8 86.5 5..000/0 7..000/0 8,0 80 80 92.6 95.3 84 88.~3 5..000/0 qC c.. ') 3rd Quarter Performance Increases I I ; ~~~~;4~~~~.~it~.g;~ Employee ::tOQrijp~~ Appraisal ~~7119~RE.ilili"g~~ $1'~Ratia'~~ Score 1.~rnctease~l;1eQm~ .Ratr::~ ~~.~ ..~,. ." ." .,~.. _:;r....::t ~..l!.-"-.,.. =",,,":~_.gs:I~A_~.TlAi... r.~"'.__. .11.,... ~ ~..x~'. -:. .~. '_' . ..:' ~~~~i~~~ .~ .~. "0- . 1 ~j~A~d ~-~..~, ,.' ~. ._~~ ... ~ .'~~~': -'- t< . ~- ._ 3!~~ II'-"';~ ......-.:l"",'~;.,=-~~.. .............' ~~ 2 ~~;Q~1. 3.88 : :r ~~.olt~ (t Jl~ 3p~~fitO~a ~~. _ ~~ ~~ :...K~~t MOTOR VEHI~Q "., ~il - .';,; -., ~'-~~. 4~~~ 3.00~5r~~-- ~ ~.~~~ 5 ~;~~tt:.-~~ft:O 2..8,O~~~'O~~.-~. ...~84 6 )(~!f~'~:~$~, 3.,09 .... ~,;:. .....";...~ ~... :'.3:...;O._'~.:..O._.-:...~~..~:..'. -...-' '. - .. ..~.-.-.;.. ..-........-..11.-J).llf.:~.~.8.. "_'.'..' 7 ~'IQ$~ .~ ._. _.~ " _;Ji liBRARY ~ .__ '=- ~_.-~~ 8 ~#r1t8!i,Q 4.58 ~~~J1Ot& ~~;);;~~~8~~ ENGINEERING~i.i.-:l~tA:.+ ~':~::;;;: ~~ 9 ~rr~~~07;;-a ....~, . ....... ihOH..t ~~~"7~~- . - ~~a~~I~~<< 3.92, ~E~.:ll~L'" ,~1(t6~j~ _~ .~.___~~~ ,,_w~- . .-:_~.._ ..:~~j 10 ~~:3' ~.'_.~. '.o'.....~... ~ -~. ...-.....:~..~...~I! ~ ~ ~~ ~ )I ~ ~...... '~,"" ~ "!III! 11 ..~~~;~~;-r8~..JJ 4.2:9 '~~d~ ~~~~. 12 ~~t~;'_"jJ~;~ 3.6,9 ~~m~t!10j)~ 13 ~1-~Z'l~4l!lOca~ 3.6,5 ~.%~~~~~-r~~':1t11~: 14. .~."'.:w-_'_.\...r'~~'_;::-. _'-9. ~,.c.'''6\~ 3 87 ~~"e~~~f1i;.iiAO: ......0.. ~I .... - ~ 10) ..... ~~--z.t!!i~-.:~,*_.;::I. __;.p I 15 ~'S,~f,;:t{"9J;6 3.71 ~;t~~/roo;s 16. ,:'-.:-_~_'_~/__..,~.-_~........~.:~ _~8_.~.,"...:O_. 3. 60 ~~~6- ..Q..-n.o"~'-'" -.tc_~~Q~-c~ _ --- -~ 0;.1.. ... ~ .~ -.' ~~d~' 17 ~.--'.. ._~~~..~~._.:'-9__.):.....~,~6__.....* 3..86 ~..'~L~' '~~"-a~(jo/l~2~~~..~~oo15 ~~~." __ l::.~~ ',~:';;; ~~-~_.",......-...... 18 !?~~~.:8&:1 3.36 ~~If~~~~~~Q~;~ 19 ~1}~)?- ';gYA 3.,83 fi~Jtotr~~~~II~ 20 ~~1,.j~: {~4!P n/a ~~~:~';~.': ,~~~c~;(~~!~ ~~ ~iIIlII~ ;=-;;~~~ 21 ~~~.r2~-:M~' 3.00 ~L.al]'tfh~ ,~~~~~ ~,d.(!1I~~~, 22 ~~~~r~.~~_~9]f/r 3.36 ~~j.oi~Jr6~j~(Jrti '~1I~ ~=><<-~~~ 23 '~:~~~~{~jli 3.10 ~.ilfoPA.~ .:;~~~~:!i3 24 ~~.; ~~~1.D~~jJ 3.66 ~~~[Q~'-1._ ..~~~~~,jla!..2~ 25 ~~~tg~:~~:1~i1.iIi 3.62 ~zjl'~E.-. .~~~., . t'OltJ2 26 ~~~~~P;iJ!) 3.64 ;~~q'A ~7~ . ' .~Q!i~ 27 ~l'i~!!.~~(P: 3.1'9~rsrOtl~ ;;. '.. .~~~i' 28 ~#iP~ 2.t&t.a..ji...~~.i.-.I.. ~.";"~Qj..li 29t~~~\Qt11! 3a58 t: ~~o:QB _~IQ~~~~ .......'.~.l'l' h.r.ft\~,. "'J!.jr~1.: ii~~ '.~.~~~.:im. ..~~:.~.,....' ~~......t"::f;f~ ..l~. ,._~~.: .".!E1!tJt. '''::~.~.' .~~~~~~~~ ~K~ ~~J(~Jij,~~W~t~~i O 40 ~ ~ "93' "!':to 3 7.9. -~~~5- -~:;=O""O-"bT..t ~~~: --'t;:~~9'l'a' 3 ~;wi-=:..~):! ~~"+ ',.~: 4 ~~t:.~-,-,,!;.._.. ~11.- ~].:et~..~~-__~i 31 ~~.. ,t!j..~41-.. ~ ;to, · 0.', .~O... .: 4 1 0 '~~~_~~~()09i~ ~~~~*~~'D.' .'3. . -: ... .-' '., · ~~~-.,.~-q ~~""~-~D. PUBLIC WOR.K$~~~t;:~Z:~ ;w~e~~~~ ;~~..~~~!~~?! 32 ~:-~ ~.~ .8'~Q 3.57 ~~4Jirll!l~:f~~k~9~14 33 ~o'.,~~,f .,..~.~ ~...~. ....9."'9....,..-...8-'... 3 57 ..~~7F:AfO'"'.-70~O); ~~!S.g ~A03.';?,.8 -_ -. '. -;i',.-.'Ip~1.~~,!~l~. ~~=;~~~ ':"1=1 _'_-.. ' 34 ~})t'~.:.~1.0L3~:O 3.,3,7 ii~~;!\~~(j,Qn: ~~~~~1-P5~~.. 35 ~I ~:~~~~Pl~1~ t;:~~~i!! ~~~~t~~7~ I 36 __~~~~_'\b 1_Q:r~1,' 3.51 ~~~~i(r~~ ~~~.~1.0*9~J' WASTEWATEtt~, -, ;:~.~~~:~J ~~~Z ~~!i~~~-r~~~.~ 37 -:."~-\~ - ~9:1~2 3.57 ~~~~~fp:o~ ~~~::t~J?19-5:8_1 38 ~~..._~_~A~, 1l.' .]l.-l'_..._~O_,'!' ,~~~~~ ~~~~~'"" :.'~7-c.;s _,...~_ . _ _ .~_~~ ~.c:'~~~ Pl"..~ _ ~.---~4t"~~.. ~v._"";~....!# 1~~~~n-aif~~~~~ . "": 3.31~~~;JJO!B ~~~~: r1g1~$ 3.43 ~l'~~-"Q,Q~~~ ~i~~1.i~ ;'9q~2' 3.34 ~~~4;D024i ~~~~ ~~i; ..'96.2 3.1,3 7~~~..~~P:Obf~ ~~--,~:-,~:~ ~~;96~..2- ~~~~~ ~~i ~~ -~ !~~~w : :__. ;:~- ~~~~ ~~ ~~~~~~~ ADMIN \NCE POLICE FIRE PRCE WATER LIQUOR ~ - ~ ... r;' .._... w~ 39.- ~ ~~. -~ 9,9:0 40 ~ .... - ~ ~a~5' 41 =- _ _ ,. Q.2~5' 42: ,,-. ./... - 92:5 43 ~~ :- 95:7 - - - COMPOST J'- ~ 44 .... 10~:O 2..7'7 ~~ 7"?:-~PO'~~~ ~-~~~~ ,,' ~.:f04.1.: Mayor'S Proposal 2.007 2007 Perf. Ending Increase % Compa Ratio 2.000/0 5.000/0 3.00% 3.00% 7.00% 3.0'0% 7.000/0 4.00% ~.OO'% 4.000/0 4.00% 6.0:Qok 4..000/0 J 5..000/0 5.000/0 5..000/0 3.000/0 5.000/0 2.000/0 2.000/0 3.000/0 5.00% 0,.000/0 2.000/0 5.000k 3.000/0 6.000,4 I 4.000/0 2.00010 2..000/0 5.000/0 3,.000/0 4.000/0 4.00% I 4.000/0 0.000/0 109.2 92..6 82..4 101.8 85..6 10_6..1 95.3 100.5 103,.8 100.5 100.5 93.3 100.51 93..6 98 89 88.3 101 88.3 108.2 109.2 106.1 92.4 98,,9' 1 O{J-3 981 103 94..4 103..8, 105.1 109..2 95.81 I I 101.9 96.2 96..2 96.2 102 qC l;.) 4th Quarter Performa;,nce Increases I 1 Employee ~1C~mpa Num:ber ~~Ra,~Q:~- - '. - ~..,.~.- ~. :NISTRA "iION~ ~ - i: - 1 ~~; '.' '-80 0 ~'"S-~:- ..,... FINANCE %~~ ~ ~~~ 2 ~~~1.OA,.Q MOTOR VEHI.1I:8~.:q~.:;. ~J 3IfJ~kl~&t9; ENGINEERINGt1\~2Ti~~ 4.. ~~~~I!,""'l,e,a..' ~6'. ' ~~~!'~#J~l:l~~: . 5 t~! ;~:11)~~;6 6 r~~ .:S.OJf ~1~ ~~ 7 ,~~~. !( 0:;;"1 IT E.DA !:l~ "" 8 k~:_ ~ fl:~t8 'e:~~: . -i< - ..~, ~ 9 I: __ -'96'-6' 1 0 ~~.:~, - 1 O~:'Q 11 l:~: ~ ;9-9.8 12 ii';~ ;~'Oa~iO: ~~.'- '. ,. I 13 ~~ t';t8}l~ 14 ~~jt/ '1~99}JJ~ POLICE PRCE ;r~'l:t~ ~L ..__~ ~.; 15 .~~~.~ .9Q:_8~ PUBLIC WORKS~::_ ~~: 16 ~~ ""1Q6;g' 17 ~i;~ _ ~2..~ 18 1~ t06.1' 19~~ ;. 1 O~6. ,~ LIQUOR ~;1-.0 ..:.. 20 .-'!_~l - 97:5! 21 ~1~_.... ~.g9 .0: 22 ~r~~ ~~ -~fr.,g. COMPOST f,:=.i:r~!J 7 ~"~~)I 23 _~.J ~~":J' ~'';.~911~8'r 24 ; 87.4 -~ ~~ ~........,...: '2.0ft:II'.l"''''' . .:, ....' , ~_~.. '"€.<..:. :~~"b ~. u......~_ ~ " Appraisal .. 2Q07~!~~~.~ndiijg~~~ Score Increa~~~p.rppa_:RaP9~: ~ ",e: ~ ~:p'~c:r~~ ~ '-:.. .',r ~~~~;}~:~~~ 3.77 ~ "6~Qn~~-~~~~~:, ~ ~ -~ ~;:~~~~~ ..,..... '.... -~~.. ~;13~~~7~,,~.~"-~ ~.i' ,_~~~~-'Y)-~~~I - ":"T":-li~~~i1~""'" .~,!. -L.h....~..~.~. , . !1~.a....r.~........~J.;~ .:':: r -~~~~t!i '~~';M-~~ii~. '"'."... , ~.Qs.{..,.~~~l!f ,~~~~r,~~~~ ~il~~~!?~tJ-. B&1~~~~'~~~~I~ ,:~i~.... ~... .;'<~ 3.91 ~~t:_ ~~p_O~t-~~~jW~ 3 39 -<J~ ,5'~OO~ ~iA~~~~~~" . -" ........ . ~.......,..~~~~ '1'= ~. o. -:7,~~~ ~~;Z1jff~~~,' ~. .~~..;~:;-~-:;~;~<{~~r, ... - =. .~ ~~~.~1i~~~~~ .., ,.. ...~:i"$~~~J,~ ~~..,~"'~ ,;;... . ~~~~~~~~~~~i-~.~ -- :......~~,,~~......_:-~.....~ .. - - .._-~a~~~:t~ 3.84 4,O:o~ ~~:~~. 1]tQ~$. 3..42 ~ .. -~~Q.~ ~:~~~;:..;1~~1~ 4*00 ,p~;b&g~ ~~j;L1_~i_~ 1~O-3:9~ 3.84 ~ u .~. ~ ::3:iOll~ ~~~~~~[6~1'~: 3. 75"~ \~II..".RfjjJ.B.(;l15 3. '86.. I' 'L,;: 7 D'J{'A:r.D"'rO"''''~ - 'F -'..'.' ~7i'O. ~3i19~, .. . !~. 1~''!.1~ ;.,~-'!. ......:;:~....~ . ::~, It ' ~I~.......~ ,~ ~ ~."; ~~~~ . ~4~. ~.~ _C"~~:~1i:~ 3.76 ~ ~ _'4;~pJfS ~~~~~:~1~([~;~. ~ _. ~~~ ;18~r-~. ~':J? a~;;-: = _- 3.52 -.. -.~2.tl~ J#:~~~~:108~ 3.53 _~'S-:D~~~~~~~ 91~1. 3.04 l..o.' ~007~ ~~~~i;.:!,~ :.~~ i?107~ .. .".I;J..~.. ,-i.:i... Q.._ ..II~'" _. . 3,.43 , J)..QW -~~- ~~_'~ ~ 1.07:2 ...,. .;;."....~~ ~~~.-.~-r~ :, -..aa ...~~ ~~.___'" ~,~~c; ~~ ~~~. .~~.$=~ ~.~~~: ~::~-. ~_.~ :~~:~~ j;~~~;~ ~~;i ,1"f) ~ ~~~~, .~~. ~Ei.4"f~~\.~ .:t.~~~~~~.: _" ~.{~~ 1!.~~.~ ........ ':.... .... .... -,,~. )-4,111,1...,,," .-: · - "~~!.~~~Y=~=;~ifu.;Yi ,~;'~'mj~;f;~; 3' 02 "~f 0" .;i,..~~':~.-O'=O.II.."'.~.~~~[~tlt't';\ti1. ~O" ~;t."'~"-9.- · I,' _ ...,~.... .~9.I~~~..'U\ L"' ~I~_., 2. 75 ,'4.0:CJ-fo~ ~~:~ !~~'.~..'.~~ .' 'QQ~9 -Mayor's Proposal 2007 2007 Perf" Ending Increase % Comp~ Ratio 6.00% 2..0QOk 5.000/0 4.00010 2.000/0 4.000/0 3.000,4 6.00% 4.00'/0. 4.000/0 2.000/0 5.00% I 0.000/0 0.000/0 I \ 3.000/0 2.000/0 84.8 107.7 84 100.5 104.1 103.9 106.1 93.5 103.9 103.9 '108.2 97.1 10,6.1 106.1 101,9 89.11 qcC\,\ 2007 Performance Increases - Qtr1 . 7% .. 6% : 5% e u 4% " ;. 3% .. D.. 2% ?f!.1% 0% BO 105 110 85 90 95 100 CompaRatio 2007 Performance Increases - Qtr2 7% 3: 6% .. 5% e 4% u .E 3% '" .. ll. 2% '" 1% 0% 80 B5 90 95 100 105 110 115 Compa Ratio . 2007 Performance Increases - Qtr 3 7% 6% ! 5% ~ 4% " >. 3% .. Q. 2% *- 1% 0% BO 105 110 B5 90 95 100 Compa Ratio 2007 Perfomance Increases - Qtr 4 . 85 105 110 90 95 100 Compa Ratio 115 AActual 2007 Increase . Mayor-s Pro sallncrease A Actual 2007 Increase . Mayor's Proposal Increase 115 A Actual 2007 Increase . Ma or's Proposal Increase 115 ~Cc-..) . . . Hutchinson City Center 111l1assan S_t SE Hutchlmon, MN 55350-2522 3~58'7-51511Fax 3~234-4240 TO: Mayor & City Council FROM: Ken Merrill, Finance Director SUBJECT: Reconsideration of Resolution No. 13293 DATE: November 20,2007 At the request of Mayor Cook, this item has been placed on the. Council agenda for reconsideration. The purpose of the reconsideration is to allow Mayor Cook an opportunity to clarify for the official record his dissension on this matter. - Printed 00 =feted paper - \bC~) . Resolution No. 13293 A RESOLUTION REAFFIRMING CITY COUNCIL LIMITS IN THE ADMINISTRATION OF CITY AFFAIRS WHEREAS, it is the primary responsibility of the City Council of the City of Hutchinson to be concerned with the overall policy considerations and future development of the City; and, WHEREAS, the City has employed a City Administrator and other personnel to administer the day-to-day affairs of the City; and, WHEREAS, the City Administrator has the responsibility to supervise all other employees of the City and consequently individual Council Members have no authority to direct or supervise City employees; and, WHEREAS, under Hutchinson City Charter Section 2.11, "neither the Council nor any Council Member shall give orders to any City employee either publicly or privately", NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCIDNSON . That in recognition of the recitals above, the City Council, as a group or any of its members, shall not direct individual City department directors or City employees either in person, by phone, letter or emai1, or assign or direct employees to complete tasks, conduct research, or suggest a particular way of accomplishing individual employee's responsibilities, this all in recognition of the position of the City Administrator whose responsibility it is to direct and supervise City employees and departmental directors. Adopted by the City Council this 2007 day of Steven W. Cook Mayor ATTEST: Gary D. Plotz . City Administrator \bC~) . . . ~..; }" ','; TO: Mayor & City Council FROM: Kent Exner, City Engineer Randy DeVries, WaterlWastewater Manager John Paulson, Environmental Specialist RE: Discussion of Sump Pump Inspection Program Summary DATE: November 27, 2007 City staff will provide a brief presentation summarizing the Sump Pump Inspection Program administered this past summer. Please see the attached presentation slides. ce: Gary Plotz. City Administrator toeb ") \bLk7 ') 1 \6[\0] 2 . . . City of Hutchinson Hutchinson Municipal Airport - Butler Field Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-6971 November 20, 2007 To; Honorable Mayor and City Council members From; John Olson, Public Works Manager Subject Airport Insurance Requirements After discussions with Ann Stanton, Gallagher Risk Management Services; Marc Seborn, City Attorney; Ken Merrill, Finance Director; Jeremy Carter; the Airport Commission and me, we narrowed down one area of potential liability at the airport. Recommended action: Amend changes to Paragraph 3.6 of the City's Hangar Rental Agreement to read as follows: LQ1 Insurance CO\lera'Ze. Occupants are required maintain insurance coverage required by MN Statutes 360.59 Subd 10.. as It may be amendedfrom time to time. In addition, Occupants shall maintain insurance covering liability, bodily injury and property damages arising out of the use of the premises where the aircraft is stored and shall provide the City, upon request, proof of adequate and appropriate insurance coverage relating to use afthe premises where the aircraft is stored in the amount of$300,000for calendar year 2008, $500,000 for calendar year 2009, and $1 million for years thereafter. Occupants waive subrogation rights against the City, except with regard to the City's gross negligence. Occupants must ensure the City is provided notice of current certificates of insurance. Occupants must ensure the City Is provided notice of policy cancel/ation. renewal, changes in coverage, or other actions related to insurance coverage. Occupants agree to a/law the City to contact insurance companies and/or agents at any time to determine if adequate coverage is inforce. The City has constructed, owns, and operates four hangar buildings in which aircraft owners rent storage space for their aircraft. The City has historically maintained 'hangar-keepers' insurance at or above recommended coverage levels. However, a concern was raised in discussions relating to potential bodily injury and property damage liability arising out of renter's use of the premises where aircraft is stored. While most renters may already have this type of coverage in their policies, this type of coverage is not required by the State for registered aircraft. The concern is that there may be some renters without coverage for potential bodily injury and property damage liability arising out of their use of the premises where their aircraft is stored. Therefore, the Airport Commission recommends the City of Hutchinson include the aforementioned provision in lease documents with occupants of publicly-owned hangars requiring occupants to show proof of insurance for liability arising out of their use of the premises where their aircraft is stored. lDCc- ) . City Council November 20, 2007 Page 2 With regard to other general areas of potential liability at the airport, discussions also identified these general areas: General Airoort Liability This is the general liability incurred for having an airport, including necessary structures and operations at the airport. The City secures coverage that meets or exceeds recommended levels for an airport our size with our level of activity. Aircraft Overations This potential liability relates to aircraft operations at the airport. The State of Minnesota (MN Statute 360.59, Subd. 10.) requires all aircraft operators to have basic coverage for their aircraft in order to register and fly the aircraft. The insurance pilots are required to have on their aircraft covers the liability of injuries of damages arising out of the use of the aircraft. Storafle of Aircraft Private Hanl1:ars on Leased Land There are four private hangars on land leased from the City. Private parties construct, own and operate their own storage hangars. Existing language in agreements with private hangar tenants is adequate for the City's purposes. . A. The tenant agrees to defend. indemnifY and hold harmless, including reasonable altorneys' fees, the City and all its agents and employees from any and all claims, demands, actions or causes of action of whatever naJure or for loss of or damage to property or injury to persons occurring on or about the above described premises arising out of or by reason afthe execution or the performance afthe services provided in -accordance with this agreement. The City 'shall not be /table to any extent for. nor will the tenant make any claim against the City for or on account of any injury, loss or damage resulting from the tenant's property or use thereof, including any claims by third parties. B. The tenant shall obtain and keep current a liability insurance policy with the City as a named additional insured and shall be in aform acceptable to the City, Inability to keep adequate insurance coverage shall be considered a default. After construction, minimum liability coverage shall be one million dol/ars ($1.000.000) per occurrence with one million dollars ($1.000,000) aggregate. Citv-owned/operated Maintenance Hanl1:ar The City owns, and operates a maintenance hangar under special agreement with the Fixed Base Operator (FBO). Existing language included in the FBO agreement is adequate for the City's purposes. Insurance. F.B.O. shall obtain and pay for. prior to taking possession of the Office and Shop, insurance In theform of business liability insurance and hangar keepers insurance in an amount amiform satisfactory to the City aJ limits at least equal to that which the City carries. F.Eo. shall name the City as an additional insured and provide the City with a certificate o/insurance. F.B.o. shall provide the City, upon request, proof of adequate and appropn'ate insurance coverage relating to business activities on airport properly. At the time of this agreement, coverage limits are to be $1.000,000 per occurrence and $2,000.000 oggregale. These limits may be 04justedfrom time to time by written amendment hereto. . Hold Harmless. FB.o., while engaged in the performance of any service or function related to this Agreement, agrees to indemnify, save and hold harmless. defend the City and all its agenis and emplayees from any and all claims. demands, actions or causes ofactian afwhatever nature ar character arising out of ar by reason a/the execution or the performance of the services provided in accordance with this agreement. \DCC-) . . . ORDINANCE NO. 07-0486 PUBLICATION NO. 7629 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL PROPERTY AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 10 AND SECTION 10.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY OF HUTCHINSON ORDAINS: Section 1. That the municipally owned real property legally described as follows: The East 135.00 feet ofLt 5, Block 2, GOEBEL'S ADDITION, according to the recorded plat thereof for good and valuable consideration thereto, is hereby sold and conveyed to Cenex, together with all hereditaments and appurtenances belonging thereto. Section 2. The sale of municipally owned real estate is authorized in exchange for certain parcels owned by Cenex and legally described as follows: Parcell - Legal Description: N 57' of Lots 4 & 5 N Half City of Hutchinson Parcell - Legal Description: S 75' of Lots 4 & 5 North Half City of Hutchinson Parcel 3 - Legal Description: Lots 1 & 3 North Half City of Hutchinson Parcel 4 - Legal Description: Part of lot 1 North Half City of Hutchinson Section 3. City Code Chapter 10 entitled "General Provisions" and Section 10.99 entitled "General Penalty" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 11th day of December, 2007. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator Ye\J\8: d l oC .J 'J Ordinance' Q7..0486 Publication No. 762.9 SCJle of land to Cenex As part of the Cenex Redevelopment Project, the EDA will convey the eastern 135' of Lot 5, Block 2, Goebers Addition to Ce.nex.. This is located on SthAvenue SE, just west of the Cenex grain elevator. ~ " I ..... ---'f J i 8111 cw: .' .~ l'; _I ~~ .. " J "1'3 u4rl ~,~} r 1 . ~_.,;:o Cenex will obtain roughly 1.8 acres (135' x 590') of the eastern-most EDA I,ot. \6(C~')