cp04-27-2010 cAGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 27, 2010
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Pastor Wayne Morrison, Seventh Day Adventist Church.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF APRIL 13, 2010
6. CONSENT AGENDA (Purpose: onlyfor items reguirin Council approval by external entities that would otherwise
have been delegated to t e City Administrator. Traditionary, items are not discussed.)
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
(b) RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 10 -0544 —AN ORDINANCE ANNEXING APPROXIMATELY 36.8 ACRES OF
PROPERTY LOCATED IN SECTION 7, HASSAN VALLEY TOWNSHIP (SECOND READING
• AND ADOPTION)
(c) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF " HUTCHINSON MALL PLAT
3" SUBMITTED BY GUS WURDELL, CHIEF MANAGER, SOUTHERN PRAIRIE
DEVELOPMENT LLC WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION
(ADOPT RESOLUTION NO. 13723)
2. CONSIDERATION OF VARIANCE TO ALLOW REPLACEMENT OF PRESENT PARKING
LOT UP TO PROPERTY LINES AT ANIMAL MEDICAL CENTER INC., LOCATED AT 405
CALIFORNIA STREET NW AS REQUESTED BY DR. JOHN FRONING WITH FAVORABLE
PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13724)
3. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF
HUTCHINSON TO RELOCATE EXISTING LIFE LINK TRAILER AT THE HUTCHINSON
MUNICIPAL AIRPORT WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (ADOPT RESOLUTION NO. 13725)
4. CONSIDERATION OF REZONING RECENTLY ANNEXED 5.6 ACRES OWNED BY
HUTCHINSON EDA FROM R -I (SINGLE FAMILY RESIDENTIAL) TO 1-1 (LIGHT
INDUSTRIAL PARK) LOCATED EAST OF CUSTOMER ELATIONS, 1150 5"" AVENUE SE
• WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT
RESOLUTION NO. 13726 AND WAIVE FIRST READING AND SET SECOND READING AND
ADOPTION OF ORDINANCE NO. 10 -0547 FOR MAY 11, 2010)
CITY COUNCIL AGENDA —APRIL 27. 2010
(d) APPOINTMENT OF STACEY NASS TO PUBLIC LIBRARY BOARD TO APRIL 2012 (FILLING
0 VACANCY OF YVONNE JOHNSON)
(e) CONSIDERATION FOR APPROVAL OF ITEMS FOR ADAMS STREET AND WASHINGTON
AVENUE RECONSTRUCTION PROJECT (LETTING NO. 1, PROJECT NO. 10 -01) INCLUDING A
PROJECT COOPERATIVE AGREEMENT
(f) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 67" ANNUAL HUTCHINSON
JAYCEE WATER CARNIVAL FOR JUNE 14 — 20, 2010
(g) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO DEAN
SCHLUETER TO OPERATE A SEASONAL GREENHOUSE LOCATED AT 1350 HWY 15 SOUTH
(h) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR TOM KLOSS TO ATTEND
CITY WORKS (GAS AND ELECTRIC INFRASTRUCTURE SOFTWARE) TRAINING IN ST.
GEORGE, UTAH
(i) CONSIDERATION FOR APPROVAL OF DRAINAGE AND UTILITY EASEMENT TO SILVER LAKF
CAPITAL PARTNERS
(j) CONSIDERATION FOR APPROVAL OF SETTING VARIANCE WORKSHOP PRESENTED BY THE
LEAGUE OF MINNESOTA CITIES ON MAY 18, 2010, AT 6:30 P.M.
(k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(PUBLIC HEARINGS — 6:00 P.M.
(a) CONSIDERATION OF COMMENTS AND INPUT ON THE STORM WATER POLLUTION
PREVENTION PLAN
Action -
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise policy. A ways oo ing towad the lure, not monitoring past)
(a) DISCUSSION OF THE KEEPING OF BEES WITHIN HUTCHINSON CITY LIMITS
Action -
9. UNFINISHED BUSINESS
(a) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON RETIREMENT INCENTIVE
PROGRAM
Action — Motion to reject — Motion to approve
(b) CONSIDERATION FOR APPROVAL OF AMENDING PERSONNEL POLICY AND ESTABLISHING
AND ADMINISTERING A HEALTH CARE SAVINGS PLAN WITH THE MINNESOTA STATE
RETIREMENT SYSTEM (ADOPTING RESOLUTIONS 13714 AND 13715)
Action — Motion to reject — Motion to approve
EW BUSINESS
qW
(a) CONSIDERATION FOR APPROVAL OF PROPOSAL TO RELOCATE FARMERS MARKET TO FIRST
AVENUE SE
2
CITY COUNCIL AGENDA —APRIL 27, 2010
• Action — Motion to reject — Motion to approve
(b) DISCUSSION OF AND UPDATE ON AMERESCO PROJECT
Action -
(c) DISCUSSION OF POSSIBLE CITY CHARTER AMENDMENTS (NUMBER OF COUNCIL MEMBERS;
FOUR -YEAR TERM FOR MAYOR)
Action -
11. GOVERNANCE ( Purpose. toassesspastorganizationalperformance, develop policythat guides the organization and
Council the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) CITY OF HUTCHINSON FINANCIAL REPORT FOR MARCH 2010
(b) CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2010
(c) PLANNING COMMISSION MINUTES FROM MARCH 16, 2010
(d) JOINT PLANNING COMMISSION MINUTES FROM FEBRUARY 17, 2010
(e) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MARCH
16, 2010
No action required for Items 11(a) — I I (e).
•2. MISCELLANEOUS
13. ADJOURN
Cl
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 13, 2010
I . CALL TO ORDER — 5:30 P.M.
Mayor Cook called the meeting to order. Members present were Jim Haugen, Eric Yost, Bill Arndt and Chad
Czmowski. Others present were Jeremy Carter, Finance Director, Kent Exner, City Engineer, and Marc Sebora,
City Attorney.
2. INVOCATION — Pastor Wayne Morrison, Seventh Day Adventist Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
Gary Dullinger, 535 4` Avenue SW, stated that he had requested to raise honey bees within the city limits to
city staff but was declined by the City Attorney. Mr. Dullinger would like to put in two hives in his yard to
raise the honey bees. Marc Sebora, City Attorney, stated that he had responded to Mr. Dullinger's request by
informing him that Hutchinson city code does not allow for the keeping of such types of animals. Mayor
Cook noted he would like to see what other cities allow in these types of instances and see what regulations
are put in place. Mr. Sebora stated he could gather ordinances from other cities that could be reviewed and
considered at the next Council meeting.
PROCLAMATION— BUILDING SAFETY MONTH— MAY 2010
Mayor Cook acknowledged that May is Building Safety Month and he gave accolades to those professionals
that serve in the building safety industry.
INUTES
(a) REGULAR MEETING OF MARCH 23, 2010
Motion by Czmowski, second by Arndt, to approve the minutes as presented. Motion carried unanimously.
6. CONSENT AGENDA (Purpose. only for items reguiringCouncil approval by external entities that would otherwise
have been delegated tote City Administrator. Traditionally, items are not discussed.)
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13716 — RESOLUTION FOR PURCHASE (2007 ASPHALT ZIPPER)
2. RESOLUTION NO. 13717 - RESOLUTION APPROVING THE DECERTIFICATION OF TAX
INCREMENT FINANCING DISTRICT NO. 0415
3. ORDINANCE NO. 10 -0543 — AN ORDINANCE REZONING MONTREAL PLACE PLAT FROM
C4 TO C2 AND OUTLOT B, CALAFORD PLACE FROM R4 TO MIXED USE DISTRICT
SUBMITTED BY JACOB WERT, PROPERTY OWNER (SECOND READING AND ADOPTJOlN�
(c) CONSIDERATION FOR APPROVAL OF 3.2 MALT LIQUOR LICENSE RENEWALS
■ HUTCHINSON HUSKIES BASEBALL ASSOCIATION
■ SKY VENTURES (PIZZA HUT)
• COBORN'S INC— CASHWISE
r��0./
CITYCOUNCIL MINUTES —APRIL 13, 2010
• SPEEDWAY SUPER-AMERICA
• ERICKSON'S DIVERSIFIED CORPORATION (ECONO FOODS)
• CATTOOR OIL COMPANY — SINCLAIR GAS STATION
• WALMART SUPERCENTER
(d) CONSIDERATION FOR APPROVAL OF CANCELLATION OF REAL ESTATE CONVEYANCE
AGREEMENT WITH HUTCHINSON CO -OP CENEX
(e) CONSIDERATION FOR APPROVAL OF ISSUING DANCE PERMIT TO ST. ANASTASIA
SCHOOL ON MAY 7. 2010
(f) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO
BETTY JODZIO TO OPERATE MOBILE HOT DOG /BEVERAGE FOOD CART
(g) CONSIDERATION FOR APPROVAL OF CLOSING ALLEWAY BETWEEN FIRST AVENUE SW
AND SECOND AVENUE SW ON MAY 22, 2010, BETWEEN 11:00 A.M. AND 2:00 P.M.
(h) CONSIDERATION FOR APPROVAL OF APPOINTMENTS /REAPPOINTMENTS
- APPOINTMENTS TO CITY- SCHOOL DISTRICT- COMMUNITY ADVISORY BOARD
(TOM DAGGETT, BRIAN GUGGISBERG, GREG HAFFLEY, ANTHONY HANSON, RYAN
JURGENSON AND TARA OBERG)
- REAAPOINTMENTS OF ABBY DAHLQUIST AND GUY STONE TO LIBRARY BOARD TO
APRIL 2013
0- REAPPOINTMENT OF JOHN LOFDAHL TO PLANNING COMMISSION TO MARCH 2015
(i) CONSIDERATION FOR APPROVAL O F AGREEMENT BETWEEN AMERICAN SOCIETY OF
COMPOSERS AND CITY OF HUTCHINSON
0) CONSIDERATION FOR APPROVAL OF SALE OF SURPLUS VEHICLES
(k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 6(b)1 and 6(c) were pulled for separate discussion
Motion by Czmowski, second by Haugen, to approve consent agenda with the exception of the items noted
above. Motion carried unanimously.
Item 6(b)l had further discussion. Council Member Yost asked the purpose of the machine and the benefit
of purchasing a used piece of equipment versus new equipment. John Olson, Public Works Manager,
explained what the machine does, which is purposeful for a utility cut or a watermain repair, which entails
recycling and reusing the asphalt material. The machine could also be put to use in alleys and trails.
Motion by Haugen, second by Yost, to approve Item 6(b)1. Motion carried unanimously.
Item 6(c) had further discussion. Council Member Arndt asked about any license violations that had
occurred at these establishments. Marc Sebora, City Attorney, noted that once the individuals that were
involved in any license violations have gone through criminal proceedings, the establishment's license will
be reviewed, however at this time all of the establishments are eligible for renewal.
• Motion by Arndt, second by Haugen, to approve Item 6(c). Motion carried unanimously.
7. PUBLIC HEARINGS — 6:00 P.M.
c1.� -�
CITY COUNCIL MINUTES —APRIL 13, 2010
� (a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 10 -0545 - AN ORDINANCE GRANTING
A FRANCHISE TO MEDIACOM MINNESOTA, LLC TO CONSTRUCT, OPERATE, AND MAINTAIN
A CABLE TELEVISION SYSTEM IN THE CITY OF HUTCHINSON; SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE
OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS
(SECOND READING AND ADOPTION)
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that any time a franchise is
considered by the City, a public hearing must be held. Tonight's public hearing is to discuss renewing the
franchise agreement with Mediacom for cable services.
Mayor Cook inquired about internet and telephone services being included in the franchise agreement.
Robert Vose, legal counsel, presented before the Council. Mr. Vose explained that internet services has
been designated as information services and therefore are not regulated by state or federal agencies.
Telephone services are regulated by the state and not by franchises.
Council Member Yost brought up his questions posed at the last meeting pertaining to a review more often
than every four years as currently stated. Mr. Vose stated that the City has the right to review the
compliance and performance of its franchisees at any time. The franchise spells out a more general review
of the cable industry and modifications to the franchise. Changes to the franchise do need to be agreed to by
the cable company. Mr. Vose explained that it is rather unusual for the city to have two video providers
which helps to improve the performance of the companies.
Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously.
Motion by Arndt, second by Haugen, to adopt Ordinance No. 10 -0545. Mayor Cook noted that the HCVN
Board was in favor of this renewal franchise agreement. Motion carried unanimously.
�(b) DISCUSSION OF ISSUING SHORT -TERM FINANCING FOR THE HUTCHINSON AREA HEALTH
CARE SENIOR CARE FACILITY
Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that at the last City
Council meeting it was presented to the City to serve as a conduit for Hutchinson Area Health Care to obtain
short-term financing for their senior housing project. This public hearing is a requirement for the City to
serve in such a capacity. Mr. Carter noted that the proposed project is to secure funding through the
Minnesota Rural Water Association. Hutchinson Area Health Care will also be researching other funding
sources as well.
Cary Linder, Hutchinson Area Health Care, presented before the Council. Mr. Linder explained that the
HAHC Board met last evening and their accounting firm conducted a feasibility study on the proposed short
term funding option. The firm approved of such an arrangement.
The final approval of this arrangement will be considered at the City Council meeting on April 27, 2010.
Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously.
(c) SHERWOOD STREET SE EXTENSION PROJECT (LETTING NO. 2, PROJECT NO. 10-02)
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff is recommending to
postpone this hearing to May 4, 2010 (a special meeting) in order to meet all the notice and advertising
deadlines and group projects that are being assessed for and projects that are not being assessed for. Two
other potential projects that may be considered are Hwy 15 watermain lining and street seal coating.
Motion by Arndt, second by Czmowski, to continue public hearing to May 4, 2010, at 6:00 p.m. to discuss
• all items noted above. Motion carried unanimously.
(d) DISCUSSION OF ANNEXATION OF APPROXIMATELY 36.8 ACRES OF PROPERTY LOCATED IN
SECTION 7, HASSAN VALLEY TOWNSHIP
56)
CITY COUNCIL MINUTES —APRIL 13. 2010
• Kent Exner, City Engineer, presented before the Council. This annexation ties into the Sherwood Street SE
extension project. The project is utilizing a portion of property from Hazel Sitz which will be dedicated for
road right -of -way. The property needs to be platted in order to establish the roadway right -of -way.
Barb Mattes, 16024 County Road 7, presented before the Council. Ms. Mattes asked what the proposal is.
Mr. Exner explained that the Sitz property is currently located in Hassan Valley Township and is being
Proposed to be annexed into the City limits to build a road extension.
Robert Anderson, Adams Street (Hassan Valley Township resident), presented before the Council. Mr.
Anderson noted that the tax base of Hassan Valley Township decreases due to this annexation. Mr.
Anderson asked when the remaining portion f the property would be developed and when the utilities will be
placed. Mr. Sebora explained that the property is being annexed into the City as R -1, which is single family
residential. If the property should be rezoned, an application process is in place for that. Mr. Exner
explained the development /assessment process attached to the property. Any development is up to Ms. Sitz,
who is the owner of the property.
Kent Exner noted that Menards Inc. has raised some concerns with the annexation. They raise potential
concerns about nuisances their property may give off to a residential neighborhood.
Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously.
Motion by Arndt, second by Haugen, to approve first reading of Ordinance No. 10 -0544 and set second
reading and adoption for April 27, 2010. Motion carried unanimously.
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise policy. A ways oo ing toward t e uture, not monitoring past)
W NFINIS HED BUSINE
10_ NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON RETIREMENT INCENTIVE
PROGRAM
Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that in 2009
the City offered an early retirement incentive program. At a recent workshop, the Council suggested
offering an incentive program again in 2010. The program proposed for 2010 includes one week of pay for
each year of employment, up to $20,000 maximum payment; the dollar equivalent of one week of the
employer provided health and dental premium for each year of employment; an additional payout of 1 /3 of
sick leave accrual over 240 hours; the dollar equivalent of an additional six months of the employer provided
health and dental premium; the City will establish a Health Care Savings Plan program that requires a set
percentage of any accrued sick leave payout and a set percentage of any retirement severance payment to be
deposited; retirees may opt for any lump sum payments related to the retirement incentive to be made to the
employee in calendar year 2011; allow eligible employees to use accrued vacation time in two week pay
period increments until gone. All compensatory time must be used on or before December 31, 2010.
The eligibility criteria recommended for consideration are: meet age and service requirements necessary to
collect a pension benefit from PERA; Option 1) At least 20 years of service with the City of Hutchinson,
Option 2) At least 20 years of service with PERA employers, with a minimum of 10 years service with the
City of Hutchinson, Option 3) At least 15 years of service with City of Hutchinson, Option 4) At least 15
years of service with PERA employers, with a minimum of 10 years service with the City of Hutchinson;
retire from current full time or part time employment with the City by December 31, 2010.
Council Member Czmowski asked, between the options, is there a higher return on investment, such as
• filling the position with employees that have worked 15 years versus more.
Council Member Yost asked if the savings will be seen in 2011 if employees are allowed to work until
December 31, 2010. Jeremy Carter, Finance Director, noted that the biggest savings is in whether or not
4 5tg-)
CITY COUNCIL MI_rVUTES —APRIL 13, 2010
• positions are filled by the vacancies left.
Mayor Cook noted that a deadline needs to be established as to when employees need to decide whether or
not they will be taking the early retirement incentive.
Mayor Cook also expressed that he would like to hear employees' feedback on the program and defer
Consideration of approval to the April 27, 2010, Council meeting.
Motion by Czmowski, second by Yost, to table this item to April 27, 2010. Motion carried unanimously.
(b) CONSIDERATION FOR APPROVAL OF AMENDING PERSONNEL POLICY AND ESTABLISHING
AND ADMINISTERING A HEALTH CARE SAVINGS PLAN WITH THE MINNESOTA STATE
RETIREMENT SYSTEM (ADOPTING RESOLUTIONS 13714 AND 13715)
Ms. Ewing explained the differences between the MSRS and a program offered by ICMA.
Motion by Czmowski, second by Yost, to table this item to April 27, 2010. Motion carried unanimously.
(c) CONSIDERATION FOR APPROVAL OF AUTHORIZING INTENT TO ENTER INTO ENERGY
CONSERVATION PERFORMANCE CONTRACT WITH AMERESCO
Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that a publication needs to be
placed before any action is taken on this item. There were unknowns related to this item prior to the packet
being published.
Motion by Czmowski, second by Yost, to table this item to April 27, 2010. A letter of intent will be
considered at the next meeting. The main concern raised by the Council was the lengthy payback period.
General discussion was held regarding future relationships with Ameresco. Motion carried unanimously.
10(d) DISCUSSION OF CITY CHARTER AMENDMENT PERTAINING TO LOW INCOME ASSESSMENT
DEFERRALS
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the Council has
discussed in the past how the City might handle assessments for property owners who have financial
hardships. Currently, the City follows state statute pertaining to assessments, which only addresses
assessment deferrals pertaining to senior citizens, retired due to a disability, active military service and
undeveloped property. Mr. Sebora stated that if the Council should wish to add financial hardship as a
condition, a Charter amendment would need to be made since the Charter states that state statute is followed.
Jeremy Carter, Finance Director, noted a concern of his is if a large majority of residents on a particular
project are allowed deferred assessments, what are other funding options?
Mayor Cook expressed that he feels there should be some sort of option available for those with financial
hardship, however he would like more information from engineering and finance as to how such a program
can be administered.
Council Member Czmowski expressed that he wasn't necessarily in favor of such a deferred assessment
program. Jeremy Carter suggested lengthening the term limit of payment if an assessment was over a certain
dollar amount-
IL GOVERNANCE ( Purpose. to assess past organizational performance, develop policy that guides the organization and
Council the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) HUTCHINSON FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2010
�(b) RESOURCE ALLOCATION COMMIT - FEE MEETING MINUTES FROM MARCH 3, 2010, AND APRIL
6, 2010
(c) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM MARCH 1, 2010
5��
CITY COUNCIL MINUTES —APRIL 13, 2010
*(d) LIQUOR HUTCH FIRST QUARTER FINANCIAL REPORT FOR 2010
No action required for Items 1 I (a) — 11(d). Mayor Cook suggested that perhaps the Event Center could
provide statistics on usage of the facility.
The Council noted that this is their first meeting with paperless packets and working off of electronic
packets..
12. MISCELLANEOUS
Kent Exner — Washington/Adams project bid opening will be April 27, 2010, with consideration of
awarding bid at May 11, 2010, Council meeting.
Mayor Cook—Mayor Cook noted that a couple of homes /buildings are rather rundown throughout the city.
Mayor Cook asked if perhaps the building inspectors could take a couple of hours a week to look for
dilapidated properties that are in violation of the current nuisance housing ordinance. Marc Sebora noted
that the City Administrator can send out notices to property owners and order that the property be taken care
of. If not, the City can take care of the property and assess the cost to the property owner.
13. ADJOURN
Motion by Arndt, second by Cook, to adjourn at 7:45 p.m. Motion carried unanimously.
0
•
La—)
PUBLICATION NO.
0 ORDINANCE NO. 10 -0544
AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF
HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY HAZEL M. SITZ LOCATED IN
HASSAN VALLEY TOWNSHIP, SECTION 7 PURSUANT TO MINNESOTA STATUES
414.033, SUBDIVISION 2 (1)
WHEREAS, the property owner is requesting that certain land be annexed to the City of
Hutchinson, as legally described below, and:
Lot 14 of the Auditor's Plat of Section 7, Township 116 North, Range 29 West, McLeod County,
Minnesota
WHEREAS, said property is unincorporated and abuts the City of Hutchinson on its northern,
eastern and western boundaries, is approximately 36.8 acres in size, and is not presently served by public
water or sewer facilities; and
WHEREAS, the Hazel M. Sitz is the sole owner of the property, the property is not included within
any other municipality, and is not included in any area that has already been designated for orderly
annexation pursuant to Minnesota Statues 414.0325, and
WHEREAS, the City of Hutchinson held a public hearing on April 13, 2010, 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 Hazel
M. Sitz, that the area to be annexed is approximately 36.8 acres, that the property is not included in any
area that has already been designated for orderly annexation pursuant to Minnesota Statues 414.0325,
and that the request complies with all of the provisions of Minnesota Statutes 414.033 Subd. 2 (3).
SECTION 2. The property abuts the city limits and is about to become urban or suburban in
nature and that the property is adjacent to a City of Hutchinson improvement project, 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 $ 203.06
b. In the second and final year, an amount equal to S 203.06
SECTION 6. That pursuant to Minn. Star. 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 T The City Administrator is directed to file copies of this ordinance with the Office of
Administrative Hearings - Municipal Boundary Adjustments, Hassan Valley Township, the McLeod
County Auditor, and the Minnesota Secretary of State.
cv(6)
Ordinance No. 10 -044
Sitz Annexation — 36.8 acres
April 27, 2010
• Page 2
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: April 13, 2010
Final Reading and Passed: April 27, 2010
Adopted by the City Council this 27` day of April, 2010.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
C ,
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11
G( )I
0
MEMORANDUM
DATE: April 21, 2010 for the April 27, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Bonnie Baumetz, Planning Coordinator
SUBJECT: PRELIMINARY AND FINAL PLAT OF " HUTCHINSON MALL PLAT 3"
APPLICANT: Southern Prairie Development, LLC , Property Owner
Background:
The property owner is requesting a 1 lot preliminary and final plat of Hutchinson Mall Plat 3
located in the Hutchinson Mall plat. The lot will be 1.45 acres and is located in the north
east corner of the Mall plat. Staff met with Mr. Wurdell and discussed the parking
• requirement for the Hutchinson Mall and proposed restaurant. He must be able to meet all
parking requirements for both plats. Additional information is contained in the attached staff
report and attachments.
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their April
20 meeting. There were no neighboring property owners objecting to the request. The
property owner explained the plat and the procedure for snow removal when the plat is
developed. The prospective property owner commented on the proposed development on
the property and stated they will be presenting the full site plan review at the May 18, 2010,
Planning Commission meeting and City Council meeting on May 25 After briefly
discussing the request, and noting safety issues with the tight parking the Commission
unanimously recommended approval with the following amended staff recommendations:
1. Preliminary and final plat meets the requirements of the C -4 district.
2. Must maintain minimum fire lanes and access.
3. Maintain 24 foot drive lane on the west side of the property and 24 foot drive lane near
the building.
4. Provide dimension drawing of parking.
5. Gas meters on the west side of building need sufficient protection.
Recommendation:
The Planning Commission recommended approval of the request with the findings and
conditions in the attached resolution.
RESOLUTION NO. 13723
• RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT
OF HUTCHINSON MALL PLAT 3
Whereas, Southern Prairie Development, LLC, property owner, has requested approval of a preliminary and
final one lot plat of HUTCHINSON MALL PLAT 3, with the following legal description:
Legal Description:
That part of Lot I , Block 2, HUTCHINSON MALL, according to the recorded plat thereof, described as
follows:
Commencing at the northwest corner of said Lot I ; thence easterly, along the north line of said Lot 1 and along
the south line of Lot 1, Block 1, HUTCHINSON MALL PLAT 2, according to the recorded plat thereof, 793.52
feet to a point on said south line of Lot 1, Block 1, HUTCHINSON MALL PLAT 2 a distant 180 feet west of an
angle point in said south line of Lot 1, Block 1, HUTCHINSON MALL PLAT 2; thence continuing easterly,
along said south line of Lot 1, Block 1, HUTCHINSON MALL PLAT 2 a distance of 180.00 feet to said angle
point in the south line of Lot 1, Block 1, HUTCHINSON MALL PLAT 2; thence southerly, along the westerly
line of said Lot 1, Block 1, HUTCHINSON MALL PLAT 2 and its southerly prolongation 350.00 feet; thence
westerly, parallel with said south line of Lot 1, Blockl, HUTCHINSON MALL PLAT 2 a distance of 180.00
feet; thence northerly, 350.00 feet to the point of beginning.
Whereas, the Planning Commission met on April 20, 2010, and considered the effects of the proposal on the
health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions,
M the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and
eby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and hereby
does recommend approval of the preliminary and final plat subject to the following findings and conditions:
1. Preliminary and final plat meets the requirements of the C -4 district.
2. Must maintain minimum fire lanes and access.
Maintain 24 foot drive lane on the west side of the property and 24 foot drive lane near the building.
4. Provide dimension drawing of parking.
5. Gas meters on the west side of building need sufficient protection.
Adopted by the City Council this 27 day of April, 2010.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
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Applicant: Soudlm'n I'mirie Do%clopmenl I I ('
PRELIMINARY AND FINAL PLAT- IIt ITCH INS()N ,11:11.1 Ill . -kT3
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Preliminary and Final Plat
Hutchinson Mall Plat 3
• Planning Commission - 4/20110
Page 2
GENERAL INFORMATION
Existing Zoning: C -4 (Fringe Commercial)
Property Location: 1060 Hwy 15 S
Lot Size: 1.45 acres
Existing Land Use: Hutchinson Mall parking lot
Adjacent Land Use
And Zoning: C -4, R -3 (Medium — High Density Residential), R -2 (Medium Density
Residential) and C -2 (Automotive Service Commercial)
Comprehensive
Land Use Plan: Urban Commercial Design
Zoning History: The Hutchinson Mall plat was approved in 1980. There was also a parking
variance approved in 1980 which required 5.5 spaces per 1000 sq. ft. of gross
leasable area.
Applicable
Regulations: Sections 153.136 - 153.151, Municipal Code
Analysis and
Recommendation:
Preliminary and final plat:
The property owner is requesting a 1 lot preliminary and final plat of Hutchinson Mall Plat 3
located in the Hutchinson Mall plat. The lot will be 1.45 acres and is located in the northeast
corner of the Mall plat.
Parking:
He must be able to meet all parking requirements for both plats. There are 141 additional
parking spaces shown on the preliminary plat. The surveyor's parking note states there were 666
total parking spaces available prior to the proposed plat. There will be 135 spaces lost with the
proposed plat which leaves a total of 672 parking spaces. There was a parking variance approved
in 1980 which required 5.5 spaces per 1000 sq. ft. of gross leasable area. Mr. Wurdell informed
• us there is 121,000 sq. ft. of gross leasable area in the Hutchinson Mall. Staff calculates the
number of spaces required as 665.5 spaces.
Ut)1
Preliminary and Final Plat
Hutchinson Mail Plat 3
• Planning Commission - 4/20110
Page 3
The parking requirement for the proposed plat will be determined by the use on the lot. At this
time, the assumed use is for a 5100 sq. ft. restaurant. Parking calculations for restaurants are I
space per table and/or 1 space per 2 stools. The parking requirements must be met for any use on
Lot 1, Block 1, Hutchinson Mall Plat 3, in order to approve a site plan.
A site plan review by the Planning Commission and Council will be required before a building
pctntit will be issued fut future uunAtuction on the site. Tllere is a 66 foot easement across Qle
southwest corner and a 50 foot dedicated easement across the southeast end of the platted lot.
Buildings may not be constructed over easement areas. Staff reviewed the request to plat at the
Planning Staff meeting on April 5th and recommends approval of the plat with the following
recommendations:
1. Preliminary and final plat meets the requirements of the C -4 district.
2. Old pavement on the west side of the lot may not be extended to accommodate the new
parking arrangement.
3. Must maintain minimum fire lanes and access.
4. Maintain 24 foot drive lane on the west side of the property and 30 foot drive lane near
the building.
5. Provide dimension drawing of parking.
6. Gas meters on the west side of building nelufficient protection.
Cc: Gus Wurdell, Southern Prairie Development, P.O. Box 263, Hutchinson MN 55350
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11
DATE: April 21, 2010 for the April 27, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Bonnie Baumetz, Planning Coordinator
SUBJECT: PARKING LOT VARIANCE LOCATED AT 405 CALIFORNIA STREET N.W.
APPLICANT: Dr. John Froning, Property Owner
Background:
The property owner is requesting a variance to allow a zero foot setback to the property line for
replacement of an existing parking lot at the Animal Medical Center building. He states the parking lot
is in need of repair and would like to replace it up to the property lines on the north and west. The
parking lot setback requirement in the C -4 district is 6 feet from the interior lot line and 10 feet from
the street right of way. Dr. Froning states the unique circumstance as: "The lot is narrow and
equate parking cannot be achieved if we reduce the size of the parking lot to comply with the
ning ordinance setbacks." He states the hardship as: "We are not able to meet the minimum
number of required parking spaces and we will have inadequate parking spaces for staff and clients.
Without the variance and following the minimum requirements for off - street parking, we will have only
11 spaces. The variance would allow 19 spaces. (10 staff and 9 clients)." Additional information is
contained in the attached staff report and attachments.
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their April 20
meeting. There were no neighboring property owners objecting to the request. The property owner
commented on the need for extending the parking lot to the property line. He will be repaving the
entire lot including the cement driveway. The Planning Commission discussed the need for curbing
along the west property line to delineate the parking area from the boulevard. After discussing the
request, the Commission unanimously recommended approval with the following amended staff
recommendations:
1. The standards for granting a variance have been met, including the finding of undue hardship
and uniqueness. The characteristics of the property were not created by the applicant and the
proposed parking lot would not alter the character of the locality.
2. Provide a curb or temporary curb stop /portable concrete barriers along the west side of the
parking lot to prevent cars from parking into the boulevard.
3. Overlay parking spaces on plan prior to issuing a permit.
4. Restore boulevard to grass coverage.
ecommendation:
The Planning Commission recommended approval of the request with the findings and conditions in the
attached resolution.
(C', a
REVISED
RESOLUTION NO. 13724
RESOLUTION APPROVING A VARIANCE TO ALLOW REPACEMENT OF EXISTING PARKING
LOT UP TO PROPERTY LINES AT ANIMAL MEDICAL CENTER INC., 405 CALIFORNIA
STREET N.W., REQUESTED BY JOHN FRONING, PROPERTY OWNER
Whereas, Dr. John Froning, property owner, has requested approval of a variance to allow a zero foot setback to
the property line for replacement of an existing parking lot at the Animal Medical Center building with the
following legal description:
That part of the Southeast Quarter of the Southwest Quarter of Section Thirty -six (36) in Township One
Hundred and Seventeen (117) North of Range Thirty (30) West, described as follows, to -wit:
Commencing at the Northeast Corner of the Southeast Quarter of the Southwest Quarter of said Section 36,
thence Southerly along the East line of said Southeast Quarter of the Southwest Quarter a distance of 244.0 feet
to the point of beginning of the tract to be described, the same being a point of the Northerly 75 foot Right -of-
way line of Minnesota Trunk Highway No. 22; thence continuing Westerly along said Right -of -way line, 100
feet; thence Northerly on a line parallel to the East line of said Southeast Quarter of the Southwest Quarter, a
distance of 200 feet; thence continuing Easterly to a point on the East line of the said Southeast Quarter of the
Southwest Quarter, to a point, said point being 200 feet North of the point of beginning of the tract herein
described: thence Southerly along the East line of said Southeast Quarter of the Southwest Quarter, a distance of
200 feet to the point of beginning.
Whereas, the Planning Commission met on April 20, 2010, and held a public hearing on the request and
considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and
welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on
values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby
recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and hereby
does recommend approval of the variance, subject to the following findings and conditions:
1. The standards for granting a variance have been met, including the finding of undue hardship and
uniqueness due to the irregularly shaped lot and that the footprint of the building will not be expanded.
The characteristics of the property were not created by the applicant and the proposed parking lot would
not alter the character of the locality.
2. Provide a curb or temporary curb stop /portable concrete barriers along the west side of the parking lot to
prevent cars from parking into the boulevard.
3. Overlay parking spaces on plan prior to issuing a permit.
4. Restore boulevard to grass coverage.
Adopted by the City Council this 27` day of April, 2010.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
� <<)3L-�'
0 RESOLUTION NO. 13724
RESOLUTION APPROVING A VARIANCE TO ALLOW REPACEMENT OF EXISTING PARKING
LOT UP TO PROPERTY LINES AT ANIMAL MEDICAL CENTER INC., 405 CALIFORNIA
STREET N.W., REQUESTED BY JOHN FRONING, PROPERTY OWNER
Whereas, Dr. John Froning, property owner, has requested approval of a variance to allow a zero foot setback to
the property line for replacement of an existing parking lot at the Animal Medical Center building with the
following legal description:
That part of the Southeast Quarter of the Southwest Quarter of Section Thirty -six (36) in Township One
Hundred and Seventeen (117) North of Range Thirty (30) West, described as follows, to -wit:
Commencing at the Northeast Corner of the Southeast Quarter of the Southwest Quarter of said Section 36,
thence Southerly along the East line of said Southeast Quarter of the Southwest Quarter a distance of 244.0 feet
to the point of beginning of the tract to be described, the same being a point of the Northerly 75 foot Right -of-
way line of Minnesota Trunk Highway No. 22; thence continuing Westerly along said Right -of -way line, 100
feet; thence Northerly on a line parallel to the East line of said Southeast Quarter of the Southwest Quarter, a
distance of 200 feet; thence continuing Easterly to a point on the East line of the said Southeast Quarter of the
Southwest Quarter, to a point, said point being 200 feet North of the point of beginning of the tract herein
described; thence Southerly along the East line of said Southeast Quarter of the Southwest Quarter, a distance of
200 feet to the point of beginning.
ereas, the Planning Commission met on April 20, 2010, and held a public hearing on the request and
nsidered 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:
The standards for granting a variance have been met, including the finding of undue hardship and
uniqueness. The characteristics of the property were not created by the applicant and the proposed
parking lot would not alter the character of the locality.
Provide a curb or temporary curb stop /portable concrete barriers along the west side of the parking lot to
prevent cars from parking into the boulevard.
Overlay parking spaces on plan prior to issuing a permit.
Restore boulevard to grass coverage.
Adopted by the City Council this 27"' day of April, 2010.
ATTEST:
y D. Plotz
City Administrator
Steven W. Cook
Mayor
tllc�
DIRECTORS REPORT - PLANNING DEPARTMENT
• To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary
Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy and Bonnie Baumetz
(Persons in attendance at Planning Staff Meeting (in bold)
Date: April 13, 2010, for April 21, 2010, Planning Commission Meeting
Application: VARIANCE TO ALLOW PARKING LOT UP TO THE PROPERTY LINE
AT 405 CALIFORNIA STREET N.W., ANIMAL MEDICAL CENTER
Applicant: Dr. John Froning, property owner
VARIANCE
The property owner is requesting a variance to allow a zero foot setback to the property line for
replacement of an existing parking lot at the Animal Medical Center building. He states the
parking lot is in need of repair and would like to replace it up to the property lines on the north
• and west. The parking lot setback requirement in the C -4 district is 6 feet from the interior lot
line and 10 feet from the street right of way. Dr. Froning states the unique circumstance as: "The
lot is narrow and adequate parking cannot be achieved if we reduce the size of the parking lot to
comply with the zoning ordinance setbacks." He states the hardship as: "We are not able to meet
the minimum number of required parking spaces and we will have inadequate parking spaces for
staff and clients. Without the variance and following the minimum requirements for off - street
parking, we will have only 11 spaces. The variance would allow 19 spaces. (10 staff and 9
clients)."
The parking calculations are based on the ordinance requirement of 5.5 spaces per 1,000 sq. ft.
for commercial use and 1 space per 2,000 sq. ft. of storage use would be 20 spaces required for
this building. Approximately 3,400 sq. ft. is the commercial use or veterinary clinic = 19 spaces
and approximately 1700 sq. ft. of the building is storage = 1 space.
Present parking encroaches onto a triangular lot to the north owned by Hutchinson Utilities. The
variance is for the lot at 405 California Street N.W.
G(C)a.
Variance
405 California Street N.W.
Animal Medical Center
Planning Commission — April 20, 2010
Page 2
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GENERAL INFORMATION
Existing Zoning: C -4 (Fringe Commercial)
Property Location: 405 California Street N. W.
Lot Size: .4 acres
Existing Land Use: Veterinary Clinic
Adjacent Land Use
And Zoning: C -4 with C -2 (Automotive Service Commercial) to the west
Comprehensive
Land Use Plan: Commercial
Zoning History: In 1980, a conditional use permit was granted to allow remodeling of a
non - conforming building and a variance was granted to reduce setbacks
for construction of an addition onto a nonconforming building. In 1985,
the building official required a curb be provided to prevent cars from
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GENERAL INFORMATION
Existing Zoning: C -4 (Fringe Commercial)
Property Location: 405 California Street N. W.
Lot Size: .4 acres
Existing Land Use: Veterinary Clinic
Adjacent Land Use
And Zoning: C -4 with C -2 (Automotive Service Commercial) to the west
Comprehensive
Land Use Plan: Commercial
Zoning History: In 1980, a conditional use permit was granted to allow remodeling of a
non - conforming building and a variance was granted to reduce setbacks
for construction of an addition onto a nonconforming building. In 1985,
the building official required a curb be provided to prevent cars from
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Variance
4115 ( alfforrija Sorut N.W.
Animal Medical Center
is 1 1 holijin-Cionmiksimi ApriiZO.2010
1%igq 3
extending onto City property. Hie parking lot was hardstirfaced in 1 990.
At that Lillie, the zoning regulations allowed parking lots up it) the
properiv line in commercial districts.
Applicable
Regulations: Sections 154.064 and 154,167, klmn6pat Code
Analysis and
Recommendation:
Me property owner is requesting a variance to allow a zero foot setback to the property line for
replacement of an existing parking lot at the Animal Medical Center building.
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
(to 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 cireurristalice. unique
to the property not created by the landowner. "the uniqueness generally applies to physical
characteristics of the property and riot to personal considerations of the landowner. Economic
consideration alone shall not constitute all undue hardship if reasonable use for the property
exists under the terms of the ordinance. Thirdly, the variance, it'granted, will not after the
essential character of the locality.
Dr. Ironing states the unique circumstance is: "The lot is narrow and adequate parking cannot be
achieved if we reduce the size of the parking lot to comply with the zoning ordinance setbacks."
Ile states the hardship as: "We are not able to meet the minimum number of required parking
spaces and we will have inadequate parking spaces for staff and clients. Without the variance
and following the minimum requirements tbr offstreel parking, we will have only I I spaces_"
Staff would recommend approval of the variance based on the hardship the property owner has
in riot meeting the parking requirement. for staff and clients with the following
recommendations:
I. The standards for granting a variance have been met- including the finding of undue
hardship and uniqueness. 'I he characteristics of the property were not created by the
applicant and the proposed parking lot would not alter the character ofthe locality,
1 provide a curb along, the west side of the parking lot to prevent cars from parking into the
boulevard.
()verlay parkittg on plan prior it iAskiiny a perillit,
Cc: Dr John Vioninp, 40 California St. NAV.
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MEMORANDUM
DATE: April 21, 2010 for the April 27, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Bonnie Baumetz, Planning Coordinator
SUBJECT: CONDITIONAL USE PERMIT TO RELOCATED EXISTING LIFE LINK TRAILER AT
THE HUTCHINSON AIRPORT
APPLICANT: City of Hutchinson , property owner
Background:
The Life Link trailer located at the Hutchinson Airport will be relocated 41 ft. from the new Life Link
aircraft hanger building and 11 ft. from the Civil Air Patrol building to address Building Code regulations
snow load issues as described in the March 1, 2010, correspondence to Gary Plotz from Mr. David
ings, Building Code Representative, MN Department of Labor and Industry. (See attached letter)
Additional information is contained in the attached staff report and attachments.
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their April 20
meeting. There were no neighboring property owners objecting to the request. John Olson, Public
Works Manager, explained the initial design for the placement of the trailer and the issues of fire
walls and snow loads. The relocation of the trailer will address both issues. After briefly discussing
the request, the Commission unanimously recommended approval with staff recommendations.
Recommendation:
The Planning Commission recommended approval of the request with the findings and conditions in the
attached resolution.
•
ce (C�3
443 Lafayette Road N.
• St. Paul, Minnesota 55155
www.doli.state.mn.us
March 1, 2010
MINNESOTA DEPARTMENT OF (651) 284 -5005
1 -800- DIAL -DLI
LABOR & INDUSTRY TTY: (651) 297 -4198
Mr. Gary Plotz
City Administrator
City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
RE: Hutchinson Municipal Airport Setbacks
Dear Mr. Plotz:
Doug Nord, Supervisor of Regional and Administrative Services, has asked me to
respond to the questions you raised regarding building setbacks at the Hutchinson
Municipal Airport.
• A site plan dated May 12, 2009, along with a "building code summary" prepared by
TKDA were submitted as support documentation. After reviewing the site plan and code
summary, I concur with the following:
-As proposed, the Life Link trailer will be relocated 41 -ft. from the new LifeLink aircraft
hanger building. To determine exterior wall and opening protection, an imaginary
property line will be Iocated 30 -ft. from the new hanger building and 11 -ft from the
relocated trailer. International Building Code (IBC) section 412.2 requires exterior
aircraft hanger walls located less than 30 -ft. from lot lines or a public way to have a fire -
resistance rating of not less than 2- hours. Establishing the imaginary property line 30 -ft.
from the new LifeLink hanger negates the need to make the adjacent exterior hanger wall
2 -hour rated. Based on IBC Table 602, the Life Link trailer exterior wall is not required
to be fire -rated when located 11 -ft. from the imaginary property line.
-After being relocated, the LifeLink trailer will also be 11 -ft. from the Civil Air Patrol
building. In the building code summary, TKDA has proposed to use IBC 503.1.2 to
regulate the LifeLink trailer and Civil Air Patrol building as a single structure for the
purposes of determining area, height and stones. TRC 704 9 erreption allows the building
to be regulated as a single structure for exterior wail and opening protection. Both
buildings are classified as type V -B construction with an aggregate area of 2,950 sq. ft.
For occupancy classification purposes, the LifeLink trailer and Civil Air Patrol will be
classified as group "R -3" and "B" respectively. Based on the information submitted, the
buildings will comply with IBC 503.1.2 and 7043 and no exterior wall rating is required
• between the buildings.
CU (c)3
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•
-I agree that separating the buildings as shown on the site plan resolves snow load issues
due to drifting.
If you have any additional questions regarding this interpretation please contact me at
651.284.5866.
Sincerely,
C 21�
aci Krings
Building Code Representative
Construction Codes and Licensing Division
Cc Lenny Rutledge
Doug Nord
This Information can be provided to you in alternative Formats (Braille, large print or audio tape).
•
An Equal Opportunity Employer
0
RESOLUTION NO. 13725
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW
RELOCATION OF THE LIFE LINK TRAILER LOCATED AT 1732 BUTLER FIELD DR. S.W.
HUTCHINSON AIRPORT PROPERTY
Whereas, the City of Hutchinson, property owner, is requesting a conditional use permit to relocate the Life
Link trailer at the Hutchinson Airport with the following legal description:
Legal Description:
Part of the Northeast Quarter (NE '/4 ) of Southeast Quarter (SE '/4 ) of Section 13, Township 116 North, Range
30 West, McLeod County, Minnesota, and more particularly described as follows: Beginning at point on the
North line of said Northeast Quarter (NE '/ ) of Southeast Quarter (SE ' /4), and point being the intersection of
the Westerly 75' foot right -of -way line of Minnesota State Trunk Highway No. 15 with said North line of
Northeast Quarter (NE '/ ) of Southeast Quarter (SE Y4), thence Westerly along said North line of Northeast
Quarter (NE Y4 ) of Southeast Quarter (SE '/4 ) a distance of 1259.80 feet; thence deflect left at an angle of 117
degrees 22 minutes a distance of 743.17 feet; thence deflect left at an angle of 62 degrees 38 minutes and along
a line parallel with the North line of said Northeast Quarter (NE 1 /4 ) of Southeast Quarter (SE ' /4) a distance of
915.20 feet to the said Westerly 75 foot R.O.W. line of T.H. 15; thence Northerly along said R.O.W. 660.00
40 to the point of beginning. Tract contains 16.50 acres more or less.
Whereas, the Planning Commission met on April 20, 2010, and held a public hearing on the request and
considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding
lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area
and consistency with the Comprehensive Plan, and hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and hereby
does recommend approval of the conditional use permit, subject to the following finding:
The standards for granting a conditional use permit have been met.
Adopted by the City Council this 27` day of April, 2010.
ATTEST:
Gary D. Plotz
City Administrator
•
Steven W. Cook
Mayor
�p C
DIRECTORS REPORT - PLANNING DEPARTMENT
0 To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary
Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy and Bonnie Baumetz
(Persons in attendance at Planning Staff Meeting (in bold)
Date: April 13, 2010, for April 21, 2010, Planning Commission Meeting
Application: CONDITIONAL USE PERMIT TO RELOCATE LIFE LINK TRAILER
AT THE HUTCHINSON AIRPORT
Applicant: City of Hutchinson, property owner
CONDITIONAL USE PERMIT
0
The LifeLink trailer located at the Hutchinson Airport will be relocated 41 ft. from the new
LifeLink aircraft hanger building and 11 ft. from the Civil Air Patrol building to address
Building Code regulations and snow load issues as described in the March 1, 2010,
correspondence to Gary Plotz from Mr. David Krings, Building Code Representative, MN
Department of Labor and Industry. (See attached letter)
GENERAL INFORMATION
Existing Zoning:
Property Location:
Existing Land Use:
Adjacent Land Use
And Zoning:
Comprehensive
Land Use Plan:
I/C (Industrial/Commercial)
1732 Butler Field Dr. S.W.
Airport
C -4 (Fringe Commercial) and out of City limits
Public
Zoning History:
Applicable
Regulations:
• Analysis and
Recommendation:
A conditional use permit was approved in 2005 to allow for a private airport
related company (Life Link) to place a temporary trailer on airport property
Section 154.066
The airport is located in the I/C zoning district. The purpose of the I/C district in Section
154.066 states:
U C C- -�3
Planning Commission — 4 -20 -10
Hutchinson Airport — Conditional Use Permit
• Life Link trailer
Page 2
§ 154.066 I /C, INDUSTRMLICOMMERML DISTRICT.
(A) Purpose. It is the purpose of the 11C district to allow for development of areas
where there is a transition in use occurring, but sites are not available which would
allow for compliance with other district requirements. Industrial or commercial
development will be allowed only as a conditional permitted use to:
(1) Ease land use transition;
(2) Control development so that it is compatible with surrounding property; and
(3) Establish dimensional requirements on an individual basis.
(B) Permitted uses.
(1) TFtez�t�ie nvp�rzrr# edGapt reipef�u�se�ptrt�ae,I!��t�??�t.
The following are standards for granting a conditional use permit:
(a) The proposed building or use at the particular location requested is necessary or
desirable to provide a service or a facility which is in the interest of the public
• convenience and will contribute to the general welfare of the neighborhood or
community;
(b) The proposed building or use will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, utility
facilities and other matters affecting the public health, safety and general welfare; and
(c) The proposed building or use will be designed, arranged and operated so as to permit
the development and use of neighboring property in accordance with the applicable
district regulations.
Staff would recommend approval of the conditional use permit with the following
recommendations:
The standards for granting a conditional use permit would be met.
Cc: John Olson, Hutchinson Airport
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HUTCHINSON MUNICIPAL AIRPORT I TRAILER /RO ADWAY RELOCATION iazsa HCD
aERS CITY OF HUTCHINSON, MINNESOTA 2009 CAPITAL IMPROVEMENT PROGRAM FXBF
(C-)3
0
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
APPLICANT:
Background:
April 21, 2010 for the April 27, 2010 City Council meeting
Hutchinson City Council
Bonnie Baumetz, Planning Coordinator
REZONE RECENTLY ANNEXED 5.6 ACRES EDA PROPERTY FROM R -1 TO 1 -1
Hutchinson Economic Development Authority, property owner
The vacant property is in the industrial area of the City and the EDA is asking to rezone to 1 -1 (Light
Industrial Park). Additional information is contained in the attached staff report and attachments.
C anning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their April 20
meeting. There were no neighboring property owners objecting to the request. The Commission
reviewed the proposed rezoning for consistency with the Comprehensive Plan and the purpose of the
Zoning Ordinance: " It is the purpose of the t -1 district to create industrial areas that will be
acceptable within the city and will not adversely affect adjacent business or residential
neighborhoods. "
After briefly discussing the request, the Commission unanimously recommended approval with staff
recommendations.
Recommendation:
The Planning Commission recommended approval of the request with the findings and conditions in the
attached resolution.
L J
Co (C-�)q
•
RESOLUTION NO. 13726
RESOLUTION APPROVING A REZONING OF 5.6 ACRES OWNED BY HUTCHINSON
ECONOMIC DEVELOPMENT AUTHORITY FROM R- (SINGLE FAMILY RESIDENTIAL)
TO I -1 (LIGHT INDUSTRIAL PARK)
Whereas, Hutchinson Economic Development Authority, property owner, has requested approval to rezone
property from R -1 (Single Family Residential) to I -1 (Light Industrial), with the following legal description:
Legal Description:
That part of the West Half of the Northeast Quarter of Section 5, Township 116 North, Range 29 West, McLeod
County, Minnesota, described as follows:
Beginning at the intersection of the east line of said West Half of the Northeast Quarter with the south line of
McLeod County Highway Right of Way Plat No. 47, according to the recorded plat thereof, thence southerly,
along said east line 565.94 feet to the northerly line of the Railroad right of way in said West Half of the
Northeast Quarter; thence westerly, along said northerly line of the Railroad right of way 445.13 feet to the
centerline of Arch Street as shown on said McLeod County Highway Right of Way Plat No. 47 (formerly the
Glencoe and Hutchinson Road); thence northwesterly, along said centerline 74.78 feet to the southeasterly
corner of Hutchinson Fifth Avenue Industrial Park, according to the recorded plat thereof, thence northerly,
along the east line of said Hutchinson Fifth Avenue Industrial Park 536.25 feet to said south line of McLeod
County Highway Right of Way Plat No. 47; thence easterly, along said south line to the point of beginning.
Whereas, the Planning Commission met on April 20, 2010, and held a public hearing on the request and
considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and
welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on
values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby
recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and hereby
does recommend approval of the request, subject to the following findings and conditions:
1. The rezoning to I -1 would be consistent with the industrial land use guiding the Comprehensive Plan
and the intent of the I -1 zoning district in the Zoning Ordinance.
2. The property is proposed to be developed as an industrial use. Rezoning would allow the proposed use
to be developed as an industrial use.
Adopted by the City Council this 27" day of April, 2010
ATTEST:
Gary D. Plotz Steven W. Cook
City Administrator Mayor
I]
Cc (C)q
PUBLICATION NO.
ORDINANCE NO. 10 -0547
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, TO REZONE A
5.6 ACRE PROPERTY FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO I -1
(LIGHT INDUSTRIAL PARK), REQUESTED BY HUTCHINSON ECONOMIC
DEVELOPMENT AUTHORITY FOR PROPERTY LOCATED EAST OF CUSTOMER
ELATIONS,1150- 5 T1 AVENUE S.E.
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made
to appear to the satisfaction of the City Council that it would be in the best interests of the City to rezone
the property from R -1 (Single Family Residential).to I -1 (Light Industrial Park)
Section 2. That the property to be rezoned to I -1 (Light Industrial Park) is described as follows:
That part of the West Half of the Northeast Quarter of Section 5, Township 116 North, Range 29 West,
McLeod County, Minnesota, described as follows:
Beginning at the intersection of the east line of said West Half of the Northeast Quarter with the south line
of McLeod County Highway Right of Way Plat No. 47, according to the recorded plat thereof; thence
southerly, along said east line 565.94 feet to the northerly line of the Railroad right of way in said West
Half of the Northeast Quarter; thence westerly, along said northerly line of the Railroad right of way
445.13 feet to the centerline of Arch Street as shown on said McLeod County Highway Right of Way Plat
46e o. 47 (formerly the Glencoe and Hutchinson Road); thence northwesterly, along said centerline 74.78
et to the southeasterly corner of Hutchinson Fifth Avenue Industrial Park, according to the recorded plat
thereof; thence northerly, along the east line of said Hutchinson Fifth Avenue Industrial Park 536.25 feet
to said south line of McLeod County Highway Right of Way Plat No. 47; thence easterly, along said
south line to the point of beginning.
Section 3. This ordinance shall take effect from and after passage and publication.
Adopted by the City Council this I V day of May, 2010.
ATTEST:
Gary D. Plotz, City Administrator Steven W. Cook, Mayor
u
�c CCU Lt
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary
Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy and Bonnie Baumetz
(Persons in attendance at Planning Staff Meeting (in bold)
Date: April 13, 2010, for April 21, 2010, Planning Commission Meeting
Application: REZONE EDA PROPERTY (5.6 ACRES) LOCATED EAST OF 1150 5
AVE. S.E. FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO I -1 (LIGHT
INDUSTRIAL PARK)
Applicant: Miles Seppelt, Hutchinson Economic Authority
REZONE
'rhe vacant property is in the industrial area of the City and the EDA is asking to rezone to I -1
(Light Industrial Park).
^ ''-rib d in the r l e
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Planning Commission
Hutchinson F.DA
is Rezone
Pa a
Existing Zoning:
Property Location:
t.ot Size:
Existing Land Use:
Adjacent Land Use
And Zoning:
Comprehensive
Land Use Plan:
Zoning History:
Applicable
Regulations:
Analysis and
Recommendation:
4-20-10
GENERAL INFORMATION
R -1 (Single Familv Residential)
Fast of 1 150 -5 "' Ave. S.I.
5.5 acres
Vacant
1 -1 and ootofCity limits
Industrial
The property was annexed to the City of Hutchinson on March 13, 2010.
property comes into the City as R -I (Single Family Residential).
Section 154.168
In considering a rezoning request, Staff have reviewed the proposed rezoning for consistency
with the Comprehensive Plan and the purpose of the Zoning Ordinance.
The purpose and permitted and conditional uses of the 1-1 District are as follows:
134.067 I -1, LIGHT INDUSTRIAL PARK DISTRICT.
(A) Purpose. It is the purpose of the i -1 divrict to create industrial oreas that will be
acceptable within the city and will not adversel cr feel adjacent business or resiclentiol
neighborhoods. Inchrstrial establishments .should be either:
(1) Those whose operations are relatively fi ee from objectionable injiuences, or
(2) Those whose objectionable features will be obviated by design or appropriate
devices.
(B) Permitted uses. Within nn I -I district, unless otherwise provided by this chapter, no
uses are permitted except for the following
(1) itfanttfirctu ring: any light nu muiacmring or process including repairs, assemblin
fabricating, altering converting, finishing. processing, heating testing, packaging or bottling,
except ant' use or process hereina�ier speci/icall excluded or which would not be in keeping
wilh the purpose of the district as stated above. This determination shall be mode b the
Plaimm, Commission upon review of the building permit application VtImrlarturill includes
the Nlot(we o/good.N or n111101als related m the muntr/ircluu ing process. (C) Ll
Planning Commission -4-20-10
Hutchinson VIM
• Rezone
Page 3
(-,) (i//ice),
(3) Ol ice- showroom buildings:
(-l) Warehousing. storage and wholesaling'. the storage, handling and dish ihution of
goods and materials I'm relail. wholesale or on -.site use, etcept any hazardous combustible
materials or /lammahle liquids or gases. This classification does not include truck lerminuis,
("5) Vocolional and technical schools:
(0) Pawnbroker establishments. and
(') Massage services esstablishmeots.
(C) Conditional uses.
1) Motor vehicle hodv shops,
(2) Dog kennels;
(3) Bulk slot age ofliquid,
(9) Athletic clubs,
0 (5) Restaurants,
(6) Recyclable material collection center,
(7) Grain elevcuors;
(8) Tattoo establishments and adult- oriented businesses,
(9) .Storage units, and
(10) ,Schools.
Staff reviewed the rezoning request at the Planning staff meeting on April 5 "' and recommended
rezoning the property from R -I to I -L Staff would recommend approval of the request with the
following findings and recommendations:
1. The rezoning would be consistent with the Comprehensive Plan and the intent of the f -i
zoning district in the Zoning Ordinance.
I The property is proposed to be developed as an industrial use. Rezoning would allow the
proposed use to be developed as an industrial use.
0 Cc: Miles Seppelt
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• April 21, 2010
Dear City Council Members,
I would like to nominate Stacey Nass to fill the vacancy on the Library Board created with the resignation
of Yvonne Johnson. Stacy is an avid user of the Hutchinson library and has been involved in the
Hutchinson Community Leadership Development program.
Talking to head librarian Mary Henke, the library board recognizes and appreciates Stacy's interest in the
library. The board also felt Stacey's appointment would continue the valuable link to Ridgewater
College that Yvonne had provided previously.
I would appreciate your approval of Stacy's appointment
Sincerely,
Mayor Steve Cook
•
•
(,(d)
0
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of Items for Adams St. & Washington Ave. Reconstruction Project
(Letting No. 1/Project No. 10 -01)
DATE: Apri127, 2010
Bids will be received on Tuesday, April 27` and appropriate Resolutions and Notices will be prepared (final project
documents to be provided at the April 27` meeting) in anticipation of the Assessment Hearing and Project Award at
• the May I I" City Council meeting. City staff has received very little feedback from property owners adjacent to the
project since the Neighborhood Meetings and Public Hearing.
Also, City staff has reviewed and revised McLeod County's standard project cooperative document to correspond
with specific project details. At this point, the City Attorney has reviewed this information, and the McLeod County
Board of Commissioners will be considering this agreement at their May 4" meeting.
We recommend that the attached Resolutions and Notices be approved.
cc: Gary Plotz, City Administrator
r1
U
U (e)
. PROJECT COOPERATIVE AGREEMENT
FOR CONSTRUCTION ON COUNTY STATE AID HIGHWAY 25 AND
WASHINGTON AVENUE EAST IN HUTCHINSON MN
THIS PROJECT COOPERATIVE AGREEMENT FOR CONSTRUCTION ON COUNTY
STATE AID HIGHWAY 25 AND WASHINGTON AVENUE EAST IN HUTCHINSON MN,
( "Agreement ") is made and entered into as of the day of , 2010, by and between the
City of Hutchinson MN ("City "), and the County of McLeod ('County ") (each sometimes hereinafter
called "party" and both sometimes collectively "parties ") the parties being governmental and political
subdivisions of the State of Minnesota.
WITNESSETH:
WHEREAS, each of the parties has the authority to construct, maintain, repair, and improve
public streets within their respective jurisdictions; and
WHEREAS, County State Aid Highway 25 (CSAH 25) and Washington Avenue East are duly
dedicated and opened public streets, located within the corporate limits of City; and
WHEREAS, the parties desire to undertake a joint project involving right -of -entry acquisitions,
grading, aggregate base, concrete surfacing, curb & gutter, sidewalk, storm sewer, sanitary sewer,
watermain, and other incidentals, and to share the costs of such improvement as herein provided; and
40 WHEREAS, the authority of the parties to enter into this Agreement is provided by Minnesota
Statutes, sections 471.59.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the
other contained in this Agreement and other good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereto do covenant and agree as follows:
ARTICLE I
THE AGREEMENT
Section 1.01. Purposes. The purpose of this Agreement is to define the rights and obligations of
the City and the County with respect to the Project and the sharing of the costs of the Project.
Section 1.02. Cooperation. The City and the County shall cooperate and use their best efforts to
ensure the most expeditious implementation of the various provisions of this Agreement. The parties
agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner.
Section 1.03. Relationship to Other Contracts. The City and the County acknowledge that
Contract Documents will be entered into by the County on behalf of the parties with respect to the Project,
and that Change Orders or other documents may be entered into by the parties, or by the County on behalf
• of the parties, with respect to the Project. This Agreement shall be construed so as to give the fullest
effect to its provisions, consistent with the provisions of the other contracts and documents referred to
above.
1 — 2010 Adams St SE (CSAH 25) d Washington Ave E -Project Cooperative Agreement�/
Section 1.04. Term. The term of this Agreement shall be for a period commencing on the date
hereof and terminating on the date the Project is completed, accepted by the parties and all amounts owed
by one party to the other or to the project contractor have been paid in full.
Section 1.05. Recitals. The above recitals are true and correct as of the date hereof and constitute
a part of this Agreement.
ARTICLE II
Section 2.01. Definitions. In this Agreement the following terms shall have the following
meanings unless the context requires otherwise:
(a) Agreement: this Agreement, as it may be amended, supplemented, or restated from time
to time.
(b) Change Order: a written order to the Contractor approved by both parties hereto and
signed by the County Representative on behalf of the parties authorizing a change in the
work included within the Contract Documents and/or an adjustment in the price and/or an
adjustment in the construction schedule, issued after execution of the contract for the
construction of the Project.
• (c) Contract Documents: drawings; specifications; general and special conditions; addenda,
if any; Change Orders; and the construction contract for the Project; approved by the
parties, or their respective representatives.
(d) Contractor: the person or entity which is awarded the contract for the construction of the
Project.
(e) Cit11 the City of Hutchinson, MN.
(0 City Representative: Kent Exner, Hutchinson Public Works Director /City Engineer.
(g) County: McLeod County.
(h) County Representative: John Bmnkhorst, P.E., McLeod County Engineer.
(i) Project: right -of -entry acquisition, grading, aggregate base, concrete surfacing, curb &
gutter, sidewalk, storm sewer, sanitary sewer, watetmain, sidewalks /trails, street lighting,
landscaping and other incidentals.
0) Project Costs: all costs for and associated with the construction of the Project, including
• Design Engineering Costs, Construction Engineering Costs, and City /County Direct Costs.
(k) Design Engineering Costs: the fees and costs for all consulting engineers preparing
Contract Documents.
— 2 — 2010 Atlams SI SE (GSAH 25j 8 Weshington Ave E - Projad Cooperallve Agreement � ��/
• (1) Construction Engineering Costs: the fees and costs for all consulting engineers
performing Project construction inspection.
(m) City /County Direct Costs: the compensation and wages (including applicable payroll
burden) of City /County employees for the time(s) such employees are performing services
on behalf of the Project, including construction inspection, and other incidentals.
(n) Street: CSAH 25 and Washington Ave East.
(o) Uncontrollable Circumstances: the occurrence or non - occurrence of acts or events
beyond the reasonable control of the parry relying thereon, and not the result of willful or
negligent action or inaction of the party claiming the event as an Uncontrollable
Circumstance, that materially adversely affects the performance of the parry claiming the
event as an Uncontrollable Circumstance including but not limited to the following:
(1) Acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes,
landslides, lighting and earthquakes (but not including reasonably anticipated
weather conditions for the geographic area), riots, insurrections, war or civil
disorder affecting the performance of work, blockades, power or other utility
failure, and fires or explosions.
(2) The adoption of or change in any federal, state, or local laws, rules, regulations,
• ordinances, permits, or licenses, or changes in the interpretation of such laws, rules,
regulations, ordinances, permits, or licenses by a court or public agency having
appropriate jurisdiction after the date of the execution of this Agreement.
(3) A suspension, termination, interruption, denial, or failure of renewal of any permit,
license, consent, authorization, or approval essential to the construction of the
Project.
(4) Orders and/or judgment of any federal, state, or local court, administrative agency,
or governmental body, provided, however, that the contesting in good faith by such
party of any such order and/or judgment shall not constitute or be construed to
constitute a willful or negligent action or inaction of such party.
(5) Strikes or other such labor disputes shall not be considered an Uncontrollable
Circumstance, unless such strike or labor dispute involves persons with whom the
parties have no employment relationship and the parties, or either of them, cannot,
using best efforts, obtain substitute performance.
ARTICLE III
CONSTRUCTION
Section 3.01. Contract Award. The Contract Documents shall be approved by the parties prior
• to the solicitation of bids. In accordance with the applicable provisions of Minnesota Statutes Ch. 160,
County will cause bids to be received by it for the construction of the Project and, subject to approval by
the City, shall award the contract for the construction of the Project to the lowest responsible bidder. co
C ie—) -3- 2010 Adams St SE )CSAH 25) & Washington Ave E - Protect Cooperative Agreement
Section 3.02. Project Construction. Subject to Uncontrollable Circumstances, County shall
cause the Project to be constructed in accordance with the Contract Documents.
Section 3.03. Construction Administration. County shall perform appropriate Project
construction administration services, including but not limited to processing Change Orders and
Contractor pay requests.
Section 3.04. Construction Inspection.
(a) County shall perform appropriate Project construction inspection services for all construction
activities, including but not limited to: grading, aggregate base, concrete surfacing, curb &
gutter, sidewalk, storm sewer, sidewalks /trails, street lighting, landscaping, and other
incidentals
(b) City shall perform appropriate Project Construction inspection services for construction
activities, including and limited to sanitary sewer, watermain, and other incidentals.
(c) Construction inspection services shall include, without limitation, representation of the
parties hereto with regard to activities of the Contractor at the construction site, periodic
observations of the work at the construction site, and initiate appropriate action to present or
have corrected as appropriate, any work observed not to be in accordance with the Contract
Documents. Parties shall not be responsible for the acts or omissions of the Contractor nor
shall the Parties be responsible for construction means, methods, techniques, sequences,
• procedures or safety precautions at the construction site.
ARTICLE IV
PROJECT COSTS
Section 4.01. Allocation.
(a) The Project Costs shall be allocated between the parties in accordance with the cost - sharing
spreadsheet prepared by Stonebrooke Engineering and approved by Mn/DOT State Aid
Office which shows the items of construction and associated costs. The costs shown in the
approved spreadsheet are not actual costs, but are estimated costs only. The costs to be paid
by each parry are actual costs of the Project based on final Project quantities.
(b) The Design Engineering Costs shall be allocated between the parties as determined by the
City and County Representative.
(c) The Construction Engineering Costs shall be shall be allocated between the parties as
determined by the City and County Representative.
(d) All other Costs including, but not limited to City /County Direct Costs, shall be allocated
between the parties as determined by the City and County Representative.
• (e) The parties agree to defend and indemnify each other for any liability claims arising from this
Project Cooperative Agreement and the project contained herein. Nothing in this agreement
shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes
Chapter 466 or a waiver of any available immunities or defenses."
cc
-4- 2010 Adams SI SE (CSAH 25) & Washington Ave E - Project C000erative Agreement ���
Section 4.02. Payments to Contractor. County shall make progress payments to the Contractor
and, upon approval of both parties hereto, the final payment to the Contractor in accordance with the
Contract Documents.
Section 4.03. Reimbursement. The City shall pay to County the City's share of the Project
Costs within thirty (30) days after receipt by City of each itemized written invoice therefor from the
County.
Section 4.04. Adjustments. To the extent that the actual value of any item included in an
invoice cannot be accurately determined at the time of submission of the invoice, such item shall be
invoiced on an estimated basis and an adjustment shall be made to reflect the difference between such
estimated amount and the actual amount of such item on the next invoice after determination of the actual
amount.
ARTICLE V
GENERAL PROVISIONS
Section 5.01. Notices. All notices or communications required or permitted pursuant to this
Agreement shall be either hand delivered or mailed to City and County, certified mail, return- receipt
requested, as the following address:
• City: Kent Exner
Public Works Director /City Engineer
City of Hutchinson
111 Hassan St SE
Hutchinson MN 55350
County: John T. Brunkhorst, P.E.
County Engineer
McLeod County Highway Department
1400 Adams Street SE
Hutchinson MN 55350
Either party may change its address or authorized representative by written notice delivered to the other
party pursuant to this Section 5.01.
Section 5.02. Counterparts. This Agreement may be executed in more than one counterpart,
each of which shall be deemed to be an original but all of which taken together shall be deemed a single
instrument.
Section 5.03. Survival of Representations and Warranties. The representations, warranties,
covenants, and agreements of the parties under this Agreement, and the remedies of either party for the
breach of such representations, warranties, covenants, and agreements by the other party shall survive the
•execution and termination of this Agreement.
C, (e. )
-S- 2010 Adams St SE (CSAH 25) d Washington Ave E - projed Cooperative Agreement
Section 5.04. Non - Assignability. Neither the City nor the County shall assign any interest in this
Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation,
without the prior written consent of the other party. Such consent shall not be unreasonably withheld.
Section 5.05. Alteration. Any alteration, variation, modification or waiver of the provisions of
the Agreement shall be valid only after it has been reduced to writing and duly signed by all parties.
Section 5.06. Waiver. The waiver of any of the rights and/or remedies arising under the terms of
this Agreement on any one occasion by any party hereto shall not constitute a waiver or any rights and/or
remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and
remedies provided or referred to under the terms of this Agreement are cumulative and not mutually
exclusive.
Section 5.07. Severability. The provisions of this Agreement are severable. If any paragraph,
section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to
law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect
the remaining portions of this Agreement.
Section 5.08. Interpretation According to Minnesota Law. This Agreement shall be
interpreted and construed according to the laws of the State of Minnesota.
Section 5.09. Entire Agreement. This Agreement shall constitute the entire agreement between
• the parties and shall supersede all prior oral or written negotiations.
Section 5.10. Final Payment. Before final payment is made by the County to the Contractor, the
Contractor shall provide to County a certificate of compliance from the Commissioner of Revenue
certifying that the Contractor and any out -of -state subcontractors have complied with the provisions of
Minnesota Statutes, Section 290.92.
Section 5.11. Headings. The headings to the various sections of this Agreement are inserted
only for convenience of reference and are not intended, nor shall they be construed, to modify, define,
limit, or expand the intent of the parties as expressed in this Agreement.
Section 5.12. Further Actions. The parties agree to execute such further documents and take
such further actions as may reasonably be required or expedient to carry out the provisions and intentions
of this Agreement, or any agreement or document relating hereto or entered into in connection herewith.
Section 5.13. Parties in Interest. This Agreement shall be binding upon and insure solely to the
benefit of the parties hereto and their permitted assigns, and nothing in this Agreement, express or
implied, is intended to confer upon any other person any rights or remedies of any nature under or by
reason of this Agreement.
&(e)
- 6 - 2010 Adams St SE (CSAH 25) 8 Washington Ave E - Project Cooperative Agreement
O N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives as of the day and year first above written.
CITY OF HUTCHINSON MN
Attest:
By: By:
Name: Name: Steven W. Cook
Title: Title: Mayor
Date: 04/27/2010
Attest:
By: By:
Name: Name: Gary D. Plotz
Title: Title: City Administrator
Date: 04/27/2010
McLEOD COUNTY
Attest:
By: BY
Name: Name:
Title: Title:
Date:
Attest:
By:
By:
Name:
Name:
Title:
Title:
Date:
to Ce)
-7- 2010 Adams St SE (CSAH 25) & Wash ngton Ave E - Project Cooperative Agreement
• RESOLUTION NO. 13721
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5093
LETTING NO. 1 /PROJECT NO. 10 -01
WHEREAS, cost has been determined for the improvement of:
Adams St (CSAH 25) & Washington Ave Reconstruction Project by new roadway
construction and utility infrastructure installations including construction of trunk and
lateral storm sewer and treatment/drainage improvements, trunk and lateral sanitary
sewer and services, trunk and lateral watermain and services, grading, aggregate
base, concrete curb and gutter, trail /sidewalk, concrete surfacing, lighting,
landscaping, streetscaping, restoration and appurtenances,
and the bid price for such improvement is $ and the estimated expenses incurred or
to be incurred in the making of such improvement amount to $ , so that the total
estimated cost of the improvement is $
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
• 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be an
estimated amount of $ and the portion of the cost to be assessed against benefited
property owners is declared to be $614,678.25.
2. Assessments shall be payable in equal annual installments extending over a period of ten (10)
years, the first of the installments to be payable on or before the first Monday in January, 2011 and
shall bear interest at the rate of _ percent per annum from November 1, 2010.
3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by law, and
he shall file a copy of such proposed assessment in his office for public inspection.
4. The City Administrator shall, upon the completion of such proposed assessment, notify the
Council thereof.
Adopted by the Council this 27th day of April 2009.
Mayor
• City Administrator
1e
0 0 0
COM PILED BV: PVANOERVEEN
ASS ESEMENT R0LL NO. 5093 _
LETTIN G M0. IIPR0JECT NO. 10 -01 � t ttf
M(CSAH 25) 1 -.1 111, Add, Eal RecaneNUNm PialedM
NIIMmlrulnWre lmM1lYXmalncluElnp
em
Conm�uiondl -.. vlvr mamwra Add I.. .0 a Ll 'mmcdi
.1-1 nwalwala aan<ae, eraeinv, avwwmamae, RM,R a. mane I-
COST PER FRONT
FOOT OR PER EACH:
15000
STREET COST PER FRONT FOOT
OHECKEOSTYK YNER
31!.00
LI0V ER LAY S0 F OAKLAND COST PER FRONT FOOT
NVMSER OF YEARS',
12800
APE LOST PER 10.ON1 fO.1
51500.OY
PRAT E R
SEORC S6 IT PER EACH
i ST _
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!' WATER SERVICE
COST PER EACH
SS
!'SEWSOI
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ADOPTE
DEF
VE TS !16000.00
.
TOTAL ASSESSMENT
AMOUNT f611611.E5
�
C ITY d o N O
PROPERTYADDREAS
CFpH ..C.
AOCrtIW pVISION
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• • •
COWILEOBY: PVANOERVEEN
ASSESSMENT R0LL N0. 5099
LETTING N0. IIPR0JECT NO. 10L 1 111`L[rr -L
Anama 111 CIA` SSI Awarninpmn nre Ean nernnAR.- PrgztW
..I dR.L -and u011ry 1.......lnUNTS S..."Id
COST PER FRONT
F00T
0R PER EACH
CO P UTEOBY' PVANOERVEEN
550.00
STREET 00I
PEN 'MOST FOOT
CHECKED BY SEXIER
11500
MILLIOVERIAY
B OF GARLAND COBI P ER IN — FOOT
NUMBER OF YEARS:
10
STAAA
6TREETSCAPE
CC9T PER FRONT F0OT
INTEREST RATE
11]00.0
113" WATER
SERVICE COST PER EACH
E1,5_00_0__
TIT
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COST PER EACX
NO
Wa1re0
ADOPTED;
1011 JISOSH
AL OEFERRE0
ASSESSMENTS:
116000.00
ITOTAL ACTIVE ASSESSMENT: 1ILLS
35
ITOTAL ASSESS
MENT AMOUNT 361A5]E.36
cn %o NO.
F[nn ADDVE
NMIE6AOORE55
OF PIIOPERA OWNER
lox
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X 116 29 07 MAU
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VEEN
ASSESSMENT ROLL N0. 5093
LETTING NO. 1 1PROJECT NO. 10 41 1 "" "''I�
111CxPx 2Slnwssninpon n�6 Esst Rawatrvctian Pwlan Ey
................ NLlMlpnvincluElnO
N, AllEARAI I.I. ¢uXaay� kild",Fl.,A. p�10, xoe elaoPN6laovMn aM appi nenancu.
COST PER FRONT
FOOT
OR PER EACH:
COMPUTEDBY PVAxOERVEEN
SsO.oe
siaesi wsi
PER FaaxT FOOT
LNECNEO BY KE %XER
11500
MILL /OVERLAVBOF
04KLpND COST PER FRONT COOT
DMBER OF VEA_P S
S30.Ox
8TREEi8
COST PER FRONL FOOT
RATE
P MEAXING:
51500.00
WA TE0.3fICf
0.V L08i PE0. EAf.X
L
WalveE
5250040
16 ATIATER SEPACCE
COST PER EACH
EANG:
3ND N RI
$1000.00
16 SEWER SERVICE
COST PER EACH
•ODPTED:
TOTAL DEFERRED
ASSESSMENTS:
116000.00.
TOTAL ACTAIR ASSESSMENT: 35838)633
TOTPI ASSESSMENT
AMOUNT j61d,6>615
pERTVADDE
OE PROPERTY DERNER
AMITICX OR SVBDAk
v
vm
r
pxra
¢sr
RIT.LO
ai
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a,mucx
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m
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TOTAL
ASSESSMENT
TOCAL
41
111 z9 of Al
11.11.
ill Alf-If IE
II I an RnwIT....
I
IN
I
So 111
$1 SA it
111.
dNkAR.
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MAN
It.. IN
HidWriml Ss
If 11 i
�w0.'INOn,
i.1 OIxtill-
$8,100
fD.m
S?SMW
11.
it 1
VGry el
5000
P. 00
S. I'A aR
Add
11 PR
.801ae
4 46 Ad It It S E
R.O l -kk
LMS, OM AS SITR III C' If EvAlwoa0
KK
6600
SI ]00.%
0
5000
SO.W
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Col
So All
$F,SW.W
$I IN
1690000
difillikil Aid Yl
AT 11. 1 So
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v11 Gry eIHNCMnvm
Sol If SE
A,
06 116 29 07 k3ll
11 St 4S.
111 Ad- Al AA
LA 2 Thil 60, SliAh a ot,nxwminvm
S3 8w Of
At id
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00.00
Hulldillo, IN 55350
ON Ill IS 07 If.
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V
• RESOLUTION NO. 13722
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5093
LETTING NO. 1 /PROJECT NO. 10 -01
WHEREAS, by a resolution passed by the Council on the 27th day of April 2010, the City
Engineer was directed to prepare a proposed assessment of the cost of improving:
Adams St (CSAH 25) & Washington Ave Reconstruction Project by new roadway
construction and utility infrastructure installations including construction of trunk and
lateral storm sewer and treatment/drainage improvements, trunk and lateral sanitary
sewer and services, trunk and lateral watermain and services, grading, aggregate
base, concrete curb and gutter, trail /sidewalk, concrete surfacing, lighting,
landscaping, streetscaping, restoration and appurtenances.
WHEREAS, the City Engineer has notified the Council that such proposed assessment has
been completed and filed in his office for public inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. A hearing shall be held on the 11 th day of May, 2010, in the Council Chambers at Hutchinson
• City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an opportunity to be heard with
reference to such assessment.
2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the hearing,
and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice
to be given to the owner of each parcel described in the assessment roll not less than two weeks
prior to the hearing.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Administrator, except that no interest shall be charged if
the entire assessment is paid by November 15th, 2010. He may at anytime thereafter, pay to the
City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
Adopted by the Council this 27th day of April 2010.
Mayor
•
City Administrator
(Ce)
• PUBLICATION NO. 7802
NOTICE OF HEARING ON PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. SA -5093
LETTING NO. IIPROJECT NO. 10 -01
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council will meet at 6:00 P.M. on the 11th day of May 2010, in the
Council Chambers at City Hall at Hutchinson, Minnesota, to consider and possibly adopt the proposed
assessment for the improvement of:
Adams St (CSAH 25) & Washington Ave Reconstruction Project by new roadway
construction and utility infrastructure installations including construction of trunk and lateral
storm sewer and treatment/drainage improvements, trunk and lateral sanitary sewer and
services, trunk and lateral watermain and services, grading, aggregate base, concrete curb
and gutter, trail /sidewalk, concrete surfacing, lighting, landscaping, streetscaping,
restoration and appurtenances.
hearing.
Adoption by the Council of the proposed assessment against abutting property may occur at the
This assessment is proposed to be payable in equal annual installments extending over a period of
ten years, the first of the installments to be payable on or before the first Monday in January 2011, and will
bear interest at the rate of 10 percent (plus or minus) per annum from the date of the adoption of the
assessment resolution. To the first installment shall be added interest on the entire assessment from the
November 1, 2010 until December 31, 2011. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
• You may at anytime prior to certification of the assessment to the County Auditor, pay the entire
assessment on such property, with interest accrued to the date of payment, to the City Administrator. No
interest shall be charged if the entire assessment is paid by November 15th, 2010. You may, at anytime
thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 st of the year in which such payment is made. Such payment must be made before
November 17th or interest will be charged through December 31 st of the succeeding year. If you decide not to
prepay the assessment before the date given above, the rate of interest that will apply is 10 percent (plus or
minus) per year. The right to partially prepay the assessment shall be until November 15, 2010.
The proposed assessment is on file for public inspection at the City Administrators Office. The total
amount of the proposed assessment is $614,678.25. Written or oral objections will be considered at the
meeting.
No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed
with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council
may, upon such notice, consider any objection to the amount of a proposed individual assessment at an
adjourned meeting upon such further notice to the affected property owners as it deems advisable.
If an assessment is contested or there is an adjourned hearing, the following procedure will be
followed:
The City will present its case first by calling witnesses who may testify
by narratives or by examination, and by the introduction of exhibits.
After each witness has testified, the contesting party will be allowed to ask questions.
This procedure will be repeated with each witness until neither side has further
• questions.
(- r,(e)
• PUBLICATION NO. 7802
ASSESSMENT ROLL NO. SA -5093
LETTING NO. 11PROJECT NO. 10 -01
PAGE 2
After each witness has testified, the contesting party will be allowed to ask questions.
This procedure will be repeated with each witness until neither side has further
questions.
2. After the City has presented all its evidence, the objector may call witnesses or
present such testimony as the objector desires. The same procedure for questioning
of the City's witnesses will be followed with the objector's witnesses.
3. The objector may be represented by counsel.
4. Minnesota rules of evidence will not be strictly applied; however, they may be
considered and argued to the Council as
to the weight of items of evidence or testimony presented to the Council.
5. The entire proceedings will be tape- recorded.
6. At the close of presentation of evidence, the objector may make a final presentation
to the Council based on the evidence and the law. No new evidence may be
presented at this point.
An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section
429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days afterthe adoption
of the assessment and filing such notice with the District Court within ten days after service upon the Mayoror
City Administrator.
Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the
payment of this special assessment for any homestead property owned by a person 65 years of age or older
for whom it would be a hardship to make the payments. When deferment of the special assessment has been
granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable
interest, become due. Any assessed property owner meeting the requirements of the law and the resolution
adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the
prescribed form for such deferral of payment of this special assessment on his property.
Gary D. Plotz, City Administrator
City of Hutchinson, Minnesota
PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, APRIL 27TH, 2010 AND TUESDAY, MAY
4TH, 2010.
E
(,5�ce)
• RESOLUTION NO. 13721
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5093
LETTING NO. 1 /PROJECT NO. 10-01
WHEREAS, cost has been determined for the improvement of:
Adams St (CSAH 25) & Washington Ave Reconstruction Project by new roadway
construction and utility infrastructure installations including construction of trunk and
lateral storm sewer and treatment/drainage improvements, trunk and lateral sanitary
sewer and services, trunk and lateral watermain and services, grading, aggregate
base, concrete curb and gutter, traillsidewalk, concrete surfacing, lighting,
landscaping, streetscaping, restoration and appurtenances,
and the bid price for such improvement is $4,350,145.53 and the City cost share amount is
estimated to be $685,536.68. With the estimated expenses incurred or to be incurred in the making
of such improvement in the amount of $154,528.80, the total estimated City share cost of the
improvement is $840,065.48.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
• 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be an
estimated amount of $840,065.48 and the portion of the cost to be assessed against benefited
property owners is declared to be $523,090.42.
2. Assessments shall be payable in equal annual installments extending over a proposed period of
ten (10) to fifteen (15) years, the first of the installments to be payable on or before the first Monday
in January, 2011 and shall bear interest at the rate of _ percent per annum from November 1,
2010.
3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by law, and
he shall file a copy of such proposed assessment in his office for public inspection.
4. The City Administrator shall, upon the completion of such proposed assessment, notify the
Council thereof.
Adopted by the Council this 27th day of April 2009.
Mayor
City Administrator
U (e)
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MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Chief Daniel HattenUv
DATE: April 19, 2010
RE: Consent Agenda
2010 Water Carnival Events
I have reviewed the letter sent to City Administrator Gary Plotz by Commodore Guy
Caspers of the Hutchinson Jaycees regarding the 2010 Water Carnival and the events
surrounding the celebration.
• My staff and I have met with Mr. Gaspers and discussed their request regarding the police
department's participation during the Water Carnival Celebration. I am comfortable and
confident that we can meet the needs of the Jaycees and recommend approval of their
request.
/Ikg
2010 -01 -0007
•
cDrf)
s
Hutchinson Jaycee Water Carnival
P.O. Box 624
Hutchinson, Minnesota 55350
www.waterearnival.org
April 13, 2010
Gary Plotz, City Administrator
City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
Gary,
The 68th Annual Hutchinson Jaycee Water Carnival will be held from June 14th -20th this year,
and the entire committee is working hard to prepare for it. We are requesting that approvals
and permits be issued for the 2010 Water Carnival as follows:
• 1. Close the appropriate streets and issue a Parade permit for the Grande Day Parade on Sunday, June
20th, from 12:30 PM to 4:00 PM. We are working to have this year's parade route the same as last
year's. The Hutchinson Police Department has submitted an application for a permit with MN Dot and we
expect them to grant approval for the same route as last year. Again this year we request there would be
no parking on 1st Ave SE from Main St. to Hassan St., 2nd Ave NW/ Franklin St to Washington, and no
parking allowed in the city parking lot behind Dunn Brothers Building due to space needed for parade
units.
2. Close or monitor intersections at all necessary points for Parade Route on Sunday, June 20th, from 10:00
AM to 4:00 PM, including posting parking signs in designated areas as determined by Hutchinson PD.
3. Issue a permit to operate concession stands during Water Carnival on Friday, June 18 1 h, Saturday, June
19 and Sunday, June 20th on 1 NE from Main Street to Hassan Street.
4. Issue a permit to operate concession stands during the boat parade on Tuesday, June 15 near the Crow
River /Les Kouba Point. There will also be a free musical performance by a group of local students.
5. Issue a permit for a fireworks display on Sunday, June 20th beginning at approximately 10:00 PM to be
displayed over the Crow River. Fireworks will be launched from either AFS Park or the park just to the
west of School Road (behind Super America). Fire Chief Brad Emans will be notified concerning the
display of fireworks. The Water Carnival committee will arrange to have Sheriff Department, Fire
Department and Ambulance support on hand. No parking will be allowed on School Rd from Hwy 7 W to
Lewis Ave.
6. We have contracted with Mini Biff, Inc to provide portable lavatory services for the Grand Day Parade
route, Parade staging area, Carnival and Concessions area, and at Roberts Park for Sunday's
performance.
7. Request permit for Amusement Attractions, Inc. to have carnival rides, games and concessions available
to the public Tuesday, June 15 through Sunday, June 20th. Amusement Attractions, Inc. anticipates
needing exclusive access starting after 6:00 PM on Monday the 14 to the area located just west of the
• Gopher Camp Fire Sanctuary. This area will be occupied by the carnival, games and vendors, support
vehicles, carnival management, etc.
ckc)
• 8. Request permit for free public concerts to be held at Riverside Park from approximately 7:00 PM to
9:45PM on Friday, June 18 and Sunday, June 20th. We are also requesting allowance for the public to
bring their own alcoholic beverages to be consumed during the concert. No alcohol will be sold on site for
this event.
9. The Boat Parade will require the use of the north half of the Roberts Park parking lot. The Hutchinson
Police Department has agreed to provide assistance for this event to minimize parking congestion.
10. The Kiddy Day parade will be held at Library Square in downtown Hutchinson and the Hutchinson Police
Department has been contacted and agrees to be present to monitor traffic flow.
11. The Hutchinson Jaycee Water Carnival sporting events and water events chairs will coordinate traffic flow
and control with the Hutchinson Police Department for the events including 8k, 5k and family fun runs,
bike ride, canoe races and the ski show.
The Water Carnival is a non - profit event, and the Jaycees would appreciate the waiver of any
fees or rentals during the duration of the Water Carnival to help defray expenses. We
appreciate the assistance received from the City of Hutchinson and its staff, and we could not
have a community celebration without this support.
If you should have any questions or concerns, or would like additional information, please
contact me at the numbers shown below.
Thank you,
Gu M.
y Gaspers
Commodore, 2010 Hutchinson Jaycee Water Carnival
(320) 234 -9623 (home)
(612)360 -1990 (mobile)
guybethla)mchsi.com
•
V-0
68
t h Annuai
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor & Council
FROM: Chief Dan Hatter
DATE: April 26, 2010
RE: Transient Merchant License Application and Investigation
Dean B. Schlueter
A background check was conducted on Mr. Dean Schlueter in reference to his obtaining a
Transient Merchant License in the City of Hutchinson. Mr. Schlueter is planning on running
a greenhouse and garden supply called "The Garden" in the parking lot of the vacant Cub
Foods building. Mr. Schlueter has been granted this same license in 2008 and 2009.
It would be my recommendation to grant Mr. Schlueter this transient merchant license
based on the information gathered during the investigation.
•
�0 ��)
III Hassan Street Southeast
Hutchinson, M\ 55350
(320) 587-5 151/Faz_(320) 234 -4240
City of Hutchinson
APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
•
1 Application Type (choose one)
❑ Solicitor $125.00 Date of Application - li�, - %z'
❑ Transient Merchant $125.00
❑ Peddler $125.00
❑Parade Peddler $30.00
Applicant Information
2" X 2" Picture Required `
Name: ��iE'f(_'P "l J�4�,11: / - ! r
Height: ! 5 Weight: ,-t l c Eye Color:
1
j Driver's License Number:
Mate: f f n i 7�
` Permanent Address:
Crry Slate Zip
Permanent Telephone:
Temporary Address:
O il , r
City State
Zip
Temporary Telephone Access:
Have you been convicted of any crime, misdemeanor, or violation of any municipal ordinance,
other than
traffic violations? ❑ yes I�Vno
If yes, state the nature of offense and punishment or penalty assessed therefore:
•
•
•
Ciry ofHulch;nso,
Applicaifon for Peddlers, Sobcuors. and Transtent,blerclvanis
Page 2 of d
Location
' Location Name
Q
_ ! �..JL% � - - tt t :,L: ' . ✓ � t d i l.Il (1ra!�l � 1 h,J � �? v
Locatio Address _ City State Zip
Business Information
Provide two (2) property owners (preferably in McLeod County) for character references:
vc
Describe relationship between applicant and employer:
Property Owner Name
Property Owner Phone Number
t 1
Property Owner Address
Describe nature of business and describe item(s) offered:
Property Owner Name
s-E
lrt ecls `r , CLY C j'1
`
Pra er' Owner Address
- [
�i Yllll f: �-S �7i ✓f � 1 C, 1��r,d)S
/'�.'..� � �t�LL'. l r ��
J
f' It -
U
Describe method of delivery:
G` (
o)
i
Describe source of supply:
t� E -L S
.;
Supplier ,i'arne
Suppler Phone Number
Supplier Address
City
Stare
Zip
Supplier Name
Suppler Phone Number
1 S x 5 3---�
Supplier address
City
State
Zip
Ci j _ `�',p
Supplier Name
Suppler Phone Number
51
Su fier Address
G l
State
Reference Information
Provide two (2) property owners (preferably in McLeod County) for character references:
vc
I t , 3C
Property Owner Name
Property Owner Phone Number
t 1
Property Owner Address
Ciry State Zip
Property Owner Name
Property Owner Phone Nwnber
`
Pra er' Owner Address
CrN Slate Zi
Reference
List last (up to three (3)) previous city(ies) where you carried on same activity:
to
State Date(s) of Activity
to
State Date(s) of Activity
to
State Date(s) of Activity
Checklist
The following items need to be completed and/or attached in order for the application to be processed:
Application/Investigation fee paid in full (check or money order): 4 yes ❑ no
Application completed in full and signed: ❑ yes ❑ no
I hereby certify I have completely filled out the entire above application and that the application is true correct, and accurate.
I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance
No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by
imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution.
Applicant's Signature
Date
1 Internal Use Onl
Police ❑ approved '❑ denied Notes:
City Council ❑ approved ❑ denied Notes:
H:Licemesr Applicmicnv Peddler, Solici�oq Transientdoc
r 1
1
(-09
City of Hutchrneon
.4pplicanon for Peddlers, Solicitors, and Transienl Merchants
•
Page 3 of
Reference
List last (up to three (3)) previous city(ies) where you carried on same activity:
to
State Date(s) of Activity
to
State Date(s) of Activity
to
State Date(s) of Activity
Checklist
The following items need to be completed and/or attached in order for the application to be processed:
Application/Investigation fee paid in full (check or money order): 4 yes ❑ no
Application completed in full and signed: ❑ yes ❑ no
I hereby certify I have completely filled out the entire above application and that the application is true correct, and accurate.
I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance
No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by
imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution.
Applicant's Signature
Date
1 Internal Use Onl
Police ❑ approved '❑ denied Notes:
City Council ❑ approved ❑ denied Notes:
H:Licemesr Applicmicnv Peddler, Solici�oq Transientdoc
r 1
1
(-09
0
•
•
TO:
FROM:
Mayor and Council
Tom Moss, Director of Information Technology
RE: City Works Administration Class and Conference
DATE: 4/27/2010
Hutchinson Utilities purchased a program called City Works to manage their gas and electric
infrastructure in 2009. Due to the complexity of the software I will need administration training
to continue moving forward with the project. The two day administration class immediately
precedes the annual user conference in St. George Utah. I will be attending the two day
administration class and the 3 day user conference in May. All expenses for the training have
been budgeted in the Hutchinson Utilities 2010 budget.
cc ( P)
L\FORMSURA V EL
fAVEL APPROVAL REQUEST FORM
Utilize this form in all cases that exceed one working day
NAME �I �avv KIC DEPT
Conference name or purpose
M
DATE: q / ( /2G1 e
Destination — 2 4 . 4. 1 -AA Estimated Mileage
Total estimated travel cost (including lodging, meals & registration) 4 220U ivy- tnq (:J
Overnight stay? YES )'_ NO Date Leaving /11 1200 Date Returning 6 ILL 12Lrc
BUDGET STATUS:
Is the above conference /seminar budgeted for the current year? YES X NO
Estimated amount of travel budget remaining before this request
&H ADVANCE REOUESTS:
Upon return, attach all receipts to a completed expense report. Cash advance checks will be returned to your
department.
Amt Requested $ Check payable to:
CHECK REQUESTS:
Amt Requested $
Amt Requested $
Amt Requested $
Check payable to:
Check payable to:
Check payable to:
Mail Check (include registration forms)
Return check to department
APPROVALS:
Department Director's Approval �- Account Code
1/, /
City Administrator's Approval ( ,� .
Finance Director's Approval
•
LT
Purpose
Purpose
Purpose
Purpose
PROVIDE THIS COMPLETED FORM ALONG WITH REGISTRATION FORMS TO FINANCE
DEPARTMENT 7 DAYS PRIOR TO DATE LEAVING OR DATE OF CONFERENCE. REFERENCE
CITY TRAVEL POLICIES 3.22 AND 3.23.
0
DRAINAGE AND UTILITY EASEMENT
This indenture made and entered into this day of , 2010, by and between
the City of Hutchinson, a Minnesota municipal corporation, hereinafter ( "Grantor "), and Silver Lake
Capital Partners, hereinafter ( "Grantee ").
Now therefore, for good and valuable consideration, which both parties acknowledge to be sufficient,
Grantor hereby grants a perpetual easement for drainage and utility purposes over, under and across that
part of Lot 3, Block 3, ENERGY PARK NORTH, according to the recorded plat thereof, McLeod
County, Minnesota, described as follows:
Commencing at the northwest corner of said Lot 3; thence south 01 degrees 02 minutes 48 seconds East
along the west line of said Lot 3, a distance of 25.01 feet to the point of beginning of the easement to be
described; thence continuing South 01 degrees 02 minutes 48 seconds East along said west line 94.00
feet; thence South 89 degrees 53 minutes 26 seconds East 81.69 feet; thence North 01 degrees 1 I minutes
43 seconds West 94.00 feet; thence North 89 degrees 53 minutes 26 seconds West 81.45 feet to the point
of beginning.
This easement shall be binding upon the successors, heirs and assigns of the parties in perpetuity.
hi witness whereof, said Grantor here unto has set its hand to this instrument on the day and year first
above written.
GRANTOR:
By
Steven W. Cook, Mayor
STATE OF MINNESOTA)
}ss
COUNTY OF McLEOD }
Gary D. Plotz, City Administrator
The foregoing instrument was acknowledged before me this day of 1 2010,
by Steven W. Cook, Mayor and Gary D. Plotz, City Administrator, on behalf of the City of Hutchinson,
Grantor.
This document was drafted by:
Marc A. Sebora
Hutchinson City Attorney
SIGNATURE OF PERSON TAKING ACKNOWLEDGEMENT I t 1 Hassan St. SE
Hutchinson, MN 55350
(320) 234 -5683
mini
n
U
MEMORANDUM
DATE: April 21, 2010
TO: Hutchinson City Council
FROM: Bonnie Baumetz, Planning Coordinator
SUBJECT: VARIANCE WORKSHOP GIVEN BY JED BURKETT, LEAGUE OF MN
CITIES
Jed Burkett, League of MN Cities, will be presenting a workshop on variances at the May 18
Planning Commission meeting. You are welcome to attend this workshop. The meeting begins
at 5:30 p.m. and the workshop will follow the Planning Commission agenda items for that
evening approximately 6:30 p.m.
•
•
cO(�)
0
CITY OF HUTCHINSON
R55CKREG
LOG22001VO
Council Check Register
Check #
Ck Date
Amount
Vendor / Explanation
Account Description
159712
4/21/2010
4,265.44
BRYAN STREICH TRUCKING
FREIGHT- IN
159713
4/21/20101
291.25
DPC INDUSTRIES INC
CHEMICALS & PRODUCTS
159714
4/21/2010
2,500.00
HUTCHINSON, CITY OF
ATM MACHINE CASH
159715
4/21/2010
414.46
MCLEOD COOP POWER ASSN
UTILITIES
159716
4/21/2010
67.00
MINNESOTA DEPT OF MOTOR VEHICL
LICENSES & TAXES
159717
4/21/2010
15.00
MINNESOTA DEPT OF MOTOR VEHICL
LICENSES & TAXES
159718
4/21/2010
675.83
RUNNING'S SUPPLY
SMALL TOOLS
159719
4/27/2010
135.45
A & K REPAIR
SHOP SUPPLIES
159720
4/27/203.01
422.00
AARP
PROFESSIONAL SERVICES
159721
4/27/2010
48125
ACE HARDWARE
REPAIR & MAINTENANCE SUPPLIES
159722
4/27/2010
21.70
AG SYSTEMS
REPAIR & MAINTENANCE SUPPLIES
159723
4/27/2010
110.00
AMERICAN LEGION
ADVERTISING
159724
4/27/2010
80.00
AMERICAN LEGION POST #96
RECEIVED NOT VOUCHERED
159725
4/27/2010
8.58
AMERICAN WELDING & GAS
SHOP MATERIALS
159726
4/27/2010
134.60
AMERIPRIDE LINEN & APPAREL
CONTRACT REPAIR & MAINTENANCE
159727
4/27/20101
84.96
ARAMARK UNIFORM SERVICE
CLEANING SUPPLIES
159728
4/27/2010
244.58
ARCTIC GLACIER PREMIUM ICE INC
COST OF SALES -MISC
159729
4/27/2010
20.77
ARROW TERMINAL LLC
EQUIPMENT PARTS
159730
4/27/2010
6,250.00
ASHBROOK SIMON HARTLEY OPERATI
SERVICE TOP BELT
159731
4/27/2010
365.01
AUTO VALUE - GLENCOE
EQUIPMENT PARTS
159732
4/27/2010
4,21101
B. W. WELDING
CONTRACT REPAIR & MAINTENANCE
159733
4/27/2010
130.00
BAERTSCHI, PAUL
DUES & SUBSCRIPTIONS
159734
4/27/20101
2,401.26
BELLBOY CORP
COST OF SALES -MISC
159735
4/27/2010
9.54
BLACK BOX CORPORATION
DUE FROM UTILITIES
159736
4/27/2010
5,399.99
BSN SPORTS COLLEGIATE PACIFIC
NEWSTRIPE DIRT DOCTOR & HITCH
159737
4/27/2010
29.76
BUFFALO CREEK ENTERPRISES
COST OF SALES -MISC
159738
4/27/2010
15.00
BURKS, LINSAY
PARK FEES
159739
4/27/2010
4,115.76
BUSINESSWARE SOLUTIONS
DUE FROM UTILITIES
159740
4/27/2010
35,217.95
C & L DISTRIBUTING ICOST
OF SALES -BEER
0
Ll
0
159741
4/27/2010
328.82
CENTRAL HYDRAULICS
CENTRAL GARAGE REPAIR
159742
4/27/2010
100.00
CENTRAL LANDSCAPE SUPPLY
CASH DISCOUNTS
159743
4/27/2010
96.08
CENTRAL MCGOWAN
OPERATING SUPPLIES
159744
4/27/2010
21,156.00
COLORBIOTICS
DRUMS OF COLORANT
159745
4/27/2010
222.78
COMDATA CORPORATION
OPERATING SUPPLIES
159746
4/27/2010
1,870.31
COMPAR, INC
OPERATING SUPPLIES
159747
4/27/20101
60.00
CREEKSIDE SOILS
OPERATING SUPPLIES
159748
4/27/2010
204.31
CROW RIVER PRESS INC
PRINTING & PUBLISHING
159749
4/27/2010
38.48
CULLIGAN -METRO
OPERATING SUPPLIES
159750
4/27/2010
6,000.00
CYTIVA SOFTWARE INC
SOFTWARE
159751
4/27/2010
5,741.80
DAY DISTRIBUTING
COST OF SALES -BEER
159752
4/27/2010
150.00
DENNISON, JANE
OTHER REVENUES
159753
4/27/2010
8.80
DROP -N -GO SHIPPING, INC
POSTAGE
159754
4/27/20101
300.99
DYNA SYSTEMS
RECEIVED NOT VOUCHERED
159755
4/27/2010
135.00
E2 ELECTRICAL SERVICES INC
CONTRACT REPAIR & MAINTENANCE
159756
412712010
35.00
EAGLE LEGAL SERVICE
OTHER CONTRACTUAL
159757
4/27/2010
56.64
ECOLAB PEST ELIM
CONTRACT REPAIR & MAINTENANCE
159758
4/27/2010
615.60
ELECTRO WATCHMAN
SAFETY SUPPLIES
159759
4/27/2010
320.63
EMERGENCY APPARATUS MAINT.
REPAIR & MAINTENANCE SUPPLIES
159760
4/27/2010
391.50
EXTREME BEVERAGE LLC
COST OF SALES -MISC
159761
4/27/20101
1,895.00
FACILITY DUDE
DUES & SUBSCRIPTIONS
159762
4/27/2010
1,747.86
FARM -RITE EQUIPMENT
CENTRAL GARAGE REPAIR
159763
4/27/2010
343.88
FARMER BROTHERS COFFEE
OFFICE SUPPLIES
159764
4/27/2010
540.32
FASTENAL COMPANY
REPAIR & MAINTENANCE SUPPLIES
159765
4/27/2010
107.28
FIELDSTONE VINEYARDS
COST OF SALES -WINE
159766
4/27/2010
360.00
FIRE SAFETY USA, INC
OPERATING SUPPLIES
159767
4/27/2010
110.00
FIRST CHOICE FOOD & BEVERAGE 5
OPERATING SUPPLIES
159768
4/27/20101
27.99
FORBES AUTO
CENTRAL GARAGE REPAIR
159769
4/27/2010
395.40
FOREST EDGE WINERY
COST OF SALES -WINE
159770
4/27/2010
68.49
G & K SERVICES
OPERATING SUPPLIES
159771
4/27/2010
92.60
GEBELECTRICALINC
CONTRACT REPAIR & MAINTENANCE
159772
4/27/2010
25.00
GERMAN, NICOLE
OTHER REVENUES
159773
4/27/2010
49.14
GRAINGER
REPAIR & MAINTENANCE SUPPLIES
159774
4/27/2010
915.50
GRAND PERE WINES INC
COST OF SALES -WINE
0
F_
159775
4/27/2010
593.16
GRANIT BRONZ
OPERATING SUPPLIES
159776
4/27/2010
4,791.94
HACH COMPANY
DATA PROC EQUIPMENT RENTAL
159777
4/27/2010
958.00
HANSEN DIST OF SLEEPY EYE
COST OF SALES -BEER
159778
4/27/2010
195.00
HANSEN GRAVEL
WASTEWATER TREATMENT
159779
4/27/2010
282.15
HASLER, INC
RENTALS
159780
4/27/2010
462.21
HAYES INSTRUMENT CO
OPERATING SUPPLIES
159781
4/27/2010
10,951.50
HCVN -TV
CABLE TV
159782
4/27/2010
50.00
HENNEPIN COUNTY COURT ADMIN
OTHER REVENUES
159783
4/27/2010
203.06
HEWLETT - PACKARD CO
OPERATING SUPPLIES
159784
4/27/2010
699.01
HILLYARD / HUTCHINSON
REPAIR & MAINTENANCE SUPPLIES
159785
4/27/2010
495.00
HOLT TOUR & CHARTER
OTHER CONTRACTUAL
159786
412712010
528.88
HUTCHINSON CO -OP
MOTOR FUELS & LUBRICANTS
159787
4/27/2010
200.00
HUTCHINSON DOWNTOWN ASSOCIATIO
DUES & SUBSCRIPTIONS
159788
4/27/2010
189.00
HUTCHINSON PUBLIC SCHOOLS
OPERATING SUPPLIES
159789
4/27/2010
780.00
HUTCHINSON SENIOR ADVISORY BOA
OTHER CONTRACTUAL
159790
4/27/2010
199.72
HUTCHINSON WHOLESALE
EQUIPMENT PARTS
159791
4/27/2010
89.24
HUTCHINSON, CITY OF
UTILITIES
159792
4/27/2010
6,201.82
HUTCHINSON, CITY OF
MOTOR FUELS & LUBRICANTS
159793
4/27/20101
9.17
INDEPENDENT EMERGENCY SERVICES
COMMUNICATIONS
159794
4/27/20101
100.00
INTERNATIONAL CODE COUNCIL INC
DUES & SUBSCRIPTIONS
159795
4/27/2010
532.87
INTERSTATE BATTERY SYSTEM MINN
EQUIPMENT PARTS
159796
4/27/2010
148.00
JEFF'S ELECTRIC
RECEIVED NOT VOUCHERED
159797
4/27/2010
22,094.14
JOHNSON BROTHERS LIQUOR CO.
COST OF SALES -WINE
159798
4/27/2010
550.00
KDUZ KARP RADIO
ADVERTISING
159799
4/27/2010
233.53
KLOSS, TOM
COMMUNICATIONS
159800
4/27/2010
813.91
L & P SUPPLY CO
CENTRAL GARAGE REPAIR
159801
4/27/20101
61.97
LAKES GAS CO.
UTILITIES
159802
4/27/2010
128.00
LEXISNEXIS
OTHER CONTRACTUAL
159803
4/27/2010
22,610.10
LOCHER BROTHERS INC
COST OF SALES -BEER
159804
4/27/2010
150.00
MADINA HOSPITALITY GROUP LLC
MEETINGS
159805
4/27/2010
83.00
MCENTEE MEDIA CORP
DUES & SUBSCRIPTIONS
159806
4/27/2010
415.00
MCLEOD COUNTY COURT ADMINISTRA
OTHER REVENUES
159807
4/27/2010
286.48 IMENARDS
HUTCHINSON
REPAIR & MAINTENANCE SUPPLIES
1598T81
87.59 IMETRO
FIRE
OPERATING SUPPLIES
0
•
C�
159809
4/27/2010
250.03
MEYER LABORATORY, INC
OPERATING SUPPLIES
159810
4/27/2010
419.83
MICROBIOLOGICS, INC
OPERATING SUPPLIES
159811
4/27/2010
40.00
MIES, MIKE
TRAVEL SCHOOL CONFERENCE
159812
4/27/2010
110.00
MINNEAPOLIS, CITY OF
OTHER CONTRACTUAL
159813
4/27/2010
112.75
MINNESOTA CHIEFS OF POLICE ASS
PRINTING & PUBLISHING
159814
4/27/2010
60.00
MINNESOTA DEPT OF HEALTH
TRAVEL SCHOOL CONFERENCE
159815
4/27/2010
45.00
MINNESOTA DEPT OF LABOR & IND
LICENSES & TAXES
159816
4/27/2010
538.67
MINNESOTA ELEVATOR INC
CONTRACT REPAIR & MAINTENANCE
159817
4/27/2010
110.00
MINNESOTA JAYCEES
ADVERTISING
159818
4/27/2010
225.00
MINNESOTA PETROLEUM SERVICE
CONTRACT REPAIR & MAINTENANCE
159819
4/27/20101
25.00
MINNESOTA REVENUE
PERMITS
159820
4/27/2010
56.45
MINNESOTA SHREDDING
CONTRACT REPAIR & MAINTENANCE
159821
4/27/2010
2,448.00
MINNESOTA VALLEY TESTING LAB
OTHER CONTRACTUAL
159822
4/27/2010
41,799.43
MOTOROLA
RADIO EQUIPMENT
159823
4/27/2010
225.00
MWOA
TRAVEL SCHOOL CONFERENCE
159824
4/27/2010
225.00
MWOA
TRAVEL SCHOOL CONFERENCE
159825
4/27/2010
225.00
MWOA
TRAVEL SCHOOL CONFERENCE
159826
4/27/20101
75.00
MWOA
TRAVEL SCHOOL CONFERENCE
159827
4/27/2010
2,019.02
NASH FINCH COMPANY
CONTRACT REPAIR & MAINTENANCE
159828
4/27/2010
150.00
NATIONAL FIRE PROTECTION ASSC
DUES & SUBSCRIPTIONS
159829
4/27/2010
251.63
NORTH CENTRAL LABORATORIES
OPERATING SUPPLIES
159830
4/27/2010
410.00
NORTH SHORE ANALYTICAL INC
OTHER CONTRACTUAL
159831
4/27/2010
80.02
NORTHERN SAFETY TECHNOLOGY
CENTRAL GARAGE REPAIR
159832
4/27/2010
301.52
NORTHERN STATES SUPPLY INC
SMALL TOOLS
159833
4/27/2010
293.83
O'REILLY AUTO PARTS
CENTRAL GARAGE REPAIR
159834
4/27/2010
540.00
OSTLUND SUPPLY
FREIGHT
159835
4/27/2010
34.41
PANKAKE, LINDA
SNOW REMOVAL
159836
4/27/2010
25.43
PHILIPS HEALTHCARE
SAFETY SUPPLIES
159837
4/27/2010
6,868.31
PHILLIPS WINE & SPIRITS
COST OF SALES- LIQUOR
159838
4/27/2010
242.00
POSTMASTER
POSTAGE
159839
4/27/2010
380.63
PREMIER TECH PACKAGING
RECEIVED NOT VOUCHERED
159840
4/27/20101
44.20
PRO -BUILD
REPAIR & MAINTENANCE SUPPLIES
159841
4/27/2010
5,369.00
PROFESSIONAL WATER TECHNOLOGIE
CHEMICALS & PRODUCTS
159842
4/27/20101
525.02 I
QUADE ELECTRIC
REPAIR & MAINTENANCE SUPPLIES
0
9
• •
159843
4/27/2010
11,646.93
QUALITY WINE & SPIRITS CO.
COST OF SALES -MISC
159844
4/27/2010
196.20
R & R SPECIALTIES INC
OPERATING SUPPLIES
159845
4/27/2010
1,587.65
R.J.L. TRANSFER
FREIGHT
159846
4/27/2010
277.98
REED BUSINESS INFORMATION
ADVERTISING
159847
4/27/2010
424.21
REFLECTIVE APPAREL FACTORY INC
SAFETY SUPPLIES
159848
4/27/2010
90.00
RIVERLAND COMMUNITY COLLEGE
TRAVEL SCHOOL CONFERENCE
159849
4/27/20101
177.95
SALTMAN LLC
OPERATING SUPPLIES
159850
4/27/2010
31.00
SANDEN,ROSEANN
PARK FEES
159851
4/27/2010
3,342.00
SCHOOL DIST# 423
COURSE FEES
159852
4/27/2010
64.20
SCOTT'S WINDOW CLEANING SERVIC
CONTRACT REPAIR & MAINTENANCE
159853
4/27/2010
155.91
SEH
PROFESSIONAL SERVICES
159854
4/27/2010
45.00
SOUTH CENTRAL TECH COLLEGE
TRAVEL SCHOOL CONFERENCE
159855
4/27/2010
2,138.11
SPRINT
COMMUNICATIONS
159856
4/27/20101
229.25
SQUEAKY'S GRILL & BAR
MEETINGS
159857
4/27/2010
273.60
STANDARD PRINTING
MISCELLANEOUS
159858
4/27/2010
224.41
STAPLES ADVANTAGE
OPERATING SUPPLIES
159859
4/27/2010
1,180.00
STAR TRIBUNE
PRINTING & PUBLISHING
159860
4/27/2010
114.00
STEPP MFG CO INC
CENTRAL GARAGE REPAIR
159861
4/27/2010
70.42
STEREO OPTICAL COMPANY, INC
SAFETY SUPPLIES
159862
4/27/2010
288.36
TEK MECHANICAL
REPAIR & MAINTENANCE SUPPLIES
159863
4/27/2010
3,416.97
TKDA
PROFESSIONAL SERVICES
159864
4/27/2010
22,139.05
TOWN &COUNTRY TIRE
FUEL
159865
412712010
842.98
UNIQUE PAVING MATERIALS
STREET MAINT.MATERIALS
159866
4/27/2010
100.00
UNITED HARDWARE DISTRIBUTING C
CASH DISCOUNTS
159867
4/27/2010
91.74
USA BLUE BOOK
EQUIPMENT PARTS
159868
4/27/2010
19,220.90
VIKING BEER
COST OF SALES -BEER
159869
4/27/20101
403.60
VIKING COCA COLA
COST OF SALES -MISC
159870
4/27/2010
91.25
VINOCOPIA INC
COST OF SALES- LIQUOR
159871
4/27/2010
119.88
WALL STREETJOURNAL
DUES & SUBSCRIPTIONS
159872
4/27/2010
521.41
WASTE MANAGEMENT -TC WEST
UTILITIES
159873
4/27/2010
60.00
WELCOME NEIGHBOR
ADVERTISING
159874
4/27/2010
833.33
WELLS FARGO INSURANCE SERVICES
PROFESSIONAL SERVICES
159875
4/27/2010
587.81
WEST CENTRAL INDUSTRIES JOBLIN
OTHER CONTRACTUAL
159876
4/27/20101
124.78
WEST PUBLISHING PAYMENT CTR
OPERATING SUPPLIES
159877
4/27/2010
564.48
WHITE RABBIT VINEYARD & WINERY
COST OF SALES -WINE
159878
4/27/2010
2,909.05
WINE COMPANY, THE
COST OF SALES -WINE
159879
4/27/2010
619.75
WINE MERCHANTS INC
COST OF SALES -WINE
159880
4/27/2010
11,710.51
WIRTZ BEVERAGE MINNESOTA
COST OF SALES- LIQUOR
159881
4/27/2010
2,135.50
WORK CONNECTION, THE
OTHER CONTRACTUAL
159882
4/27/2010
1,101.44
ZEP MANUFACTURING CO
CHEMICALS & PRODUCTS
159883
4/27/2010
133.01
AMERICAN FAMILY INS CO.
ACCRUED LIFE INSURANCE
159884
4/27/2010
500.79
H.A.R.T.
ACCRUED DEFERRED COMP
159885
4/27/2010
2,116.15
ICMA RETIREMENT TRUST
ACCRUED DEFERRED COMP
159886
4/27/2010
1,709.60
ING LIFE & ANN CO.
ACCRUED DEFERRED COMP
159887
4/27/2010
50.07
LIFE INSURANCE COMPANY OF AMER
ACCRUED LIFE INSURANCE
347,992.21
Grand Total
Check Total
347,992.21
Total Paymen
347,99121
•
•
•
$ 7.45 9995.2035 MN DEPT OF REVENUE State Tax $ 10,437.45 $0.00
$16,892.34
PAYROLL DATE: 04/23/2010
Employee Contribution - Pension Plan
$21,481.30
9995.2241
Period Ending Date: 04/17/2010
$38,373.64
Sub -Total - PERA
�R COUNCIL
LIST ONLY - ELECTRONIC TRANSFER
$26.01
9995.2243 PERA -DCP Employee Contribution - Pension Plan
TO STATE AND IRS
9995.2241
Employer Contribution - Pension Plan
DO NOT ISSUE CHECKS FOR THIS PAGE
Pera $ 38,399.65
$52.02
a MOUNT
ACCT# NAME DESCRIPTION
$38,425.66
GRAND TOTAL -PERA
$22,385.03
9995.2034 WITH. TAX Employee Contribution
- Federal Tax
ACCOUNT
$12,038.68
9995.2240 Employee Contribution
- Sec. Security
$3,603.06
9995.2242 Employee Contribution
- Medicare
$38,02617
Sub -Total - Employee Contribution
$12,038.68
9995.2240 Employer Contribution -
Social Security
$3,603.06
9995.2242 Employer Contribution -
Medicare
Per Journal Entries Difference
Fica $ 24,077.36
$15,641.74
Sub -Total - Employer Contribution
Medicare $ 7,206.12
Withholding $ 22,385.03
$53,668.51
Grand Total - Withholding Tax Account
Total $ 53,668.51 $0.00
$ 7.45 9995.2035 MN DEPT OF REVENUE State Tax $ 10,437.45 $0.00
$16,892.34
9995.2241 PERA
Employee Contribution - Pension Plan
$21,481.30
9995.2241
Employer Contribution - Pension Plan
$38,373.64
Sub -Total - PERA
$26.01
9995.2243 PERA -DCP Employee Contribution - Pension Plan
$26.01
9995.2241
Employer Contribution - Pension Plan
Pera $ 38,399.65
$52.02
Sub - Total - DCP
DCP $ 26.01
$38,425.66
GRAND TOTAL -PERA
Total $ 38,425.66 $0.00
=finance Director Approval
•
0 0
R55CKREG LOG22001VO
Check # Ck Date
159712 4/21/2010
159713 4/21/2010
159714 4/21/2010
159715 4/21/2010
159716 4/21/2010
159717 4/21/2010
159718 4/21/2010
Payment Insti
Check Total
Total Paymer
AMOUNT Vendor/ Explanation
4,265.44 BRYAN STREICH TRUCKING
291.25 DPC INDUSTRIES INC
2,500.00 HUTCHINSON, CITY OF
414.46 MCLEOD COOP POWER ASSN
67.00 MINNESOTA DEPT OF MOTOR VEHICL
15.00 MINNESOTA DEPT OF MOTOR VEHICL
675.83 RUNNING'S SUPPLY
8,228.98 Grand Total
ument Totals
8,228.98
8,228.98
CITY OF HUTCHINSON
Council Check Register
4/21/2010 4/21/2010
Account Description
FREIGHT - IN
CHEMICALS & PRODUCTS
MISCELLANEOUS
UTILITIES
MISCELLANEOUS
REPAIR & MAINTENANCE SUPPLIES
SMALL TOOLS
ELECTRONIC FUNDS TRANSFERS
COUNCIL MEETING 04 -27 -10
TAX
FUND
PAYABLE TO
AMOUNT
FUEL
HATS
MN DEPT OF REV
$1.656.62
LIQUOR
LIQUOR
MN DEPT OF REV
$33,631.00
SALES
PRCE CIVIC ARENA
MN DEPT OF REV
$959.00
USE
WATER SEWER CREEKSIDE
MN DEPT OF REV
$11,212.00
•
0 Wfinance\ counciImeeting \electronicfundstransfers
(-ook -)-
0
e
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
John Paulson, Environmental Specialist
RE: Public Hearing to Consider Comments on the Storm Water Pollution Prevention
Plan (SWPPP) for the City of Hutchinson
DATE: April, 21, 2010
• Per requirements of the MPCA whom administer the National Pollution Discharge Elimination
System (NPDES) Phase I1 permit, the City must have a Public Hearing and consider comments
prior to submitting the Storm Water Pollution Prevention Plan (SWPPP) Annual Report for
2009. This regulation applies to all cities that are determined to have and maintain a Municipal
Separate Storm Sewer System (MS4). Public comment and testimony will be received at this
hearing.
We recommend approving the attached Draft SWPPP Annual Report for 2009 as required by
the MS4 Permit.
cc: Gary Plotz — City Administrator
•
9 Lp'-)
Minnesota Pollution Control Agency Minnesota Pollution
�
Control agency
NPDES /SDS Small MS4 Report Form
The purpose of this report is to contribute information to an evaluation of the NPDES small municipal separate storm sewer
system (MS4) permit program. Consistent with 40 CFR §122.37 the U.S. Environmental Protection Agency is assessing the
status of the program nation -wide. A "no" answer to a question does not necessarily mean noncompliance with your permit or
with the federal regulations. In order to establish the range of variability in the program it is necessary to ask questions along a
fairly broad performance continuum. Your permitting authority may use some of this information as one component of a
compliance evaluation.
1. MS4 Information
City of Hutchison
Name of MS4
Kent
Exner
Name of Contact Person (First) (Last)
(320) 234 -4212
Telephone (including area code)
111 Hassan Street SE
Mailing Address
Hutchinson
Public Works Director
(Title)
kexner @ci.hutchinson.mn.us
Email
Cit
•What size population does your MS4 serve? 13913
What is the reporting period for this report? (mm /dd /yyyy)
MN 55350
State ZIP code
From 01/01/2009 t 12/31/2009
2. Water Quality Priorities
A. Does your MS4 discharge to waters listed as impaired on a state 303(d) list?
V Yes ❑ No
B. If yes, identify each impaired water, the impairment, whether a TMDL has been approved
by EPA for each, and whether
the TMDL assigns a wasteload allocation to your MS4. Use a new line for each impairment,
and attach additional
pages as
necessary.
Impaired Water Impairment .Approved TMDL
TMDL assigns
WLA to MS4
South Fork Crow River Aquatic macroinvertebrate bioa ❑ Yes ® No
❑ Yes
® No
South Fork Crow River Turbidity ❑ Yes ® No
❑ Yes
® No
South Fork Crow River Mercury ❑ Yes ® No
❑ Yes
® No
South Fork Crow River Fish bioassessments ❑ Yes ® No
❑ Yes
® No
❑ Yes ❑ No
❑ Yes
❑ No
❑ Yes ❑ No
❑ Yes
❑ No
❑ Yes ❑ No
❑ Yes
❑ No
❑ Yes ❑ No
❑ Yes
❑ No
C. What specific sources contributing to the impairment(s) are you targeting in your stormwater
program?
We target TSS and nutrients through our SWPPP MCM's
D. Do you discharge to any high - quality waters (e.g, Tier 2, Tier 3, outstanding natural resource
waters, or other state or federal designation)?
E] Yes
6Z No
E. Are you implementing additional specific provisions to ensure their continued integrity?
❑ Yes
®No
Small MS4 Annual Report Form (cont)
0 . Public Education and Public Participation
A. Is your public education program targeting specific pollutants and sources of those pollutants? ® Yes ❑ No
B. If yes, what are the specific sources and /or pollutants addressed by your public education program?
Residential and Construction sit es are targeted for sediment, nutrients, chemicals, etc.
C. Note specific successful outeome(sl (e.g., quantified reduction in fertilizer use; NOT tasks, events, publications) fully
or partially attributable to your public education program during this reporting period.
We are currently unable to quantify the activities performed on private property.
D. Do you have an advisory committee or other body comprised of the public and other [I Yes 17J No
stakeholders that provides regular input on your stormwater program?
4. Construction
Stop Work Orders #
No Authority ❑
A. Do you have an ordinance or other regulatory mechanism stipulating:
Civil penalties #
No Authority
Erosion and sediment control requirements?
® Yes
❑ No
Other construction waste control requirements?
® Yes
❑ No
Requirement to submit construction plans for review?
® Yes
❑ No
h1S4 enforcement authority?
91 Yes
❑ No
B. Do you have written procedures for
Reviewing construction plans? ® Yes ❑ No
Performing inspections? ®Yes ❑ No
Responding to violations? ® Yes ❑ No
C. Identify the number of active construction sites > I acre in operation in your jurisdiction at any time during the
reporting period. 3
D. How many of the sites identified in 4.0 did you inspect during this reporting period? 3
E. Describe, on average, the frequency with which your program conducts construction site inspections.
2 inspections on average
F. Do you prioritize certain construction sites for more frequent inspections?
If Yes, based on what criteria?
❑ Yes Z No
G. Identify which of the following types of enforcement actions you used during the reporting period for construction
activities, indicate the number of actions, or note those for which you do not have authority:
FA Yes Notice of violation # 7 No Authority ❑
❑ Yes Administrative fines # No Authority
❑ Yes
Stop Work Orders #
No Authority ❑
❑ Yes
Civil penalties #
No Authority
❑ Yes
Criminal actions #
No Authority ❑
❑ Yes
Administrative orders #
No Authority ❑
❑ Yes
Other
9
H. Do you use an electronic too] (e.g., GIS, data base, spreadsheet) to track the locations, yes ❑ No
inspection results, and enforcement actions of active construction sites in your jurisdiction?
I. What are the 3 most common types of violations documented during this reporting period?
• perimeter protection not functioning, sediment tracking, waste disposal
J. How often do municipal employees receive training on the construction program? at least once annually
7
rl LP-)
Small MS4 Annual Report Form (cont)
Z Yes
0 .
Illicit Discharge Elimination
® Yes
A
Have you completed a map of all outfalls and receiving waters of your storm sewer system?
V] Yes ❑ No
B.
Have you completed a map of all storm drain pipes and other conveyances in the storm sewer
® Yes ❑ No
❑ No
system?
® Yes
C.
Identify the number of outfalls in your storm sewer system. 63
W] Yes
D.
Do you have documented procedures, including frequency, for screening outfalls?
® Yes ❑ No
E.
Of the outfalls identified in 5.C, how many were screened for dry weather discharges during this
reporting period?
26
F. Of the outfalls identified in 5.C, how many have been screened for dry weather discharges at any time since you obtained
MS4 permit coverage? 48
G. What is your frequency for screening outfalls for illicit discharges? Describe any variation based on size /type.
We inspect outfalls at a minimum of once every five years
H. Do you have an ordinance or other regulatory mechanism that effectively prohibits illicit
discharges?
Yes ❑ No
1. Do you have an ordinance or other regulatory mechanism that provides authority for you to ®yes L] No
take enforcement action ancllor recover costs for addressing illicit discharges?
J. During this reporting period, how many illicit discharges /illegal connections have you discovered? 13
K. Of those illicit discharges /illegal connections that have been discovered or reported, how many have been eliminated?
13
L. How often do municipal employees receive training on the illicit discharge program? Annually
0 6.
A
Stormwater Management for Municipal Operations
Have stormwater pollution prevention plans (or an equivalent plan) been developed for
All public parks, ball fields, other recreational facilities and other open spaces
Z Yes
❑ No
All municipal construction activities, including those disturbing less than I acre
® Yes
❑ No
All municipal turf grass /landscape management activities
® Yes
❑ No
All municipal vehicle fueling, operation and maintenance activities
® Yes
❑ No
All municipal maintenance yards
® Yes
❑ No
All municipal waste handling and disposal areas
W] Yes
❑ No
Other
B. Are stormwater inspections conducted at these facilities? ® Yes ❑ No
C. If Yes, at what frequency are inspections conducted? Various frequencies, typically once annually
D. List activities for which operating procedures or management practices specific to stormwater management have been
developed (e.g.. road repairs, catch basin cleaning).
road repairs, catch basin cleaning, outfall cleaning and inspections, stormwater system maintenance
E. Do you prioritize certain municipal activities and /or facilities for more frequent inspection? W1 Yes ❑ No
F. If Yes, which activities and /or facilities receive most frequent inspections? catch basins
G. Do all municipal employees and contractors overseeing planning and implementation of
stormwater- related activities receive comprehensive training on stormwater management?
H. If yes, do you also provide regular updates and refreshers?
• I. If so, how frequently and /or under what circumstances?
® Yes ❑ No
❑ Yes ® No
3
I (--)
Small MS4 Annual Report Form (cont)
a .
Long -term (Post- Construction) Stormwater Measures
A.
Do you have an ordinance or other regulatory mechanism to require:
Site plan reviews for stormwater /water quality of all new and re- development projects?
® Yes ❑ No
Long -term operation and maintenance of stormwater management controls?
® Yes ❑ No
Retrofitting to incorporate long-term stormwater management controls?
❑ Yes ®No
B.
If you have retrofit requirements, what are the circumstances /criteria?
C.
What are your criteria for determining which new /re- development stormwater plans you will review
(e.g., all projects,
projects disturbing greater than one acre, etc.) All projects are reviewed
D.
Do you require water quality or quantity design standards or performance standards, either
directly or by reference to a state or other standard, be met for new development and
2 Yes ❑ No
re- development?
E.
Do these performance or design standards require that pre - development hydrology be met for:
Flow volumes ® Yes ❑ No
Peak discharge rates ® Yes ❑ No
Discharge frequency ® Yes ❑ No
Flow duration ® Yes ❑ No
F. Please provide the URL /reference where all post - construction stormwater management standards can be found, or e -mail
to MS4 Perin itProeram.PCA state, inn.us an electronic copy of the ordinance or other regulatory mechanism as specified
in Part V.G.S of the permit,
http:l/www.ci.hutchinson.mn.us/pdf/Stormwater0rdinance
• G. How many development and redevelopment project plans were reviewed during the reporting period to assess impacts to
water quality and receiving stream protection? 2
H. How many of the plans identified in 7.G were approved? 2
1. How many privately owned permanent stormwater management practices /facilities were inspected during the reporting
period? 0
J. How many of the practices /facilities identified in I were found to have inadequate maintenance? 0
K. How long do you give operators to remedy any operation and maintenance deficiencies identified during inspections?
90 days
L. Do you have authority to take enforcement action for failure to properly operate and maintain ®yes ❑ No
stormwater practices /facilities?
M. How many formal enforcement actions (i.e., more than a verbal or written warning) were taken for failure to adequately
operate and/or maintain stormwater management practices? 0
N. Do you use an electronic tool (e.g., GIS, database, spreadsheet) to track post- construction ®yes El No
BMPs, inspections and maintenance?
O. Do all municipal departments and /or staff (as relevant) have access to this tracking system? W] Yes ❑ No
P. How often do municipal employees receive training on the post - construction program? once annually
8. Program Resources
A. What was the annual expenditure to implement MS4 permit requirements this reporting period?
B. What is next year's budget for implementing the requirements of your MS4 NPDES permit?
:1
� ��
Small MS4 Annual Report Form (cont)
C. This year what is /are your source(s) of funding for the stormwater program, and annual revenue (amount or percentage)
derived from each?
Source: Stormwater Utility Fund Amount $ OR %
Source: Engineering Department Amount $ OR
Source: Amount $ OR %
D. How many FTEs does your municipality devote to the stormwater program (specifically for implementing the stormwater
program; not municipal employees with other primary responsibilities)? 1
E. Do you share program implementation responsibilities with any other entities? ❑ Yes Z No
Entity Activity/Task /Responsibility Your Oversight/Accountability Mechanism
9. Evaluating /Measuring Progress
A. What indicators do you use to evaluate the overall effectiveness of your stormwater management program, how long have
you been tracking them, and at what frequency? These are not measurable goals for individual management practices or
tasks, but large -scale or long -term metrics for the overall program, such as maeroinvertebrate community indices,
measures of effective impervious cover in the watershed, indicators of in- stream hydrologic stability, etc.
Began Tracking Number of
Indicator (year) Frequency Locations
NA
J
B. What environmental quality trends have you documented over the duration of your stormwater program? Reports or
summaries can be attached electronically, or provide the URL to where they may be found on the Web.
NA
•
5
V] tp-)
Small MS4 Annual Report Form (cont)
•
10. Additional Information
In the space below, please include any additional information on the performance of your MS4 program. If providing
clarification to any of the questions on this form, please provide the question number (e.g., 2C) in your response.
•
Certification Statement and Signature
I certify that all information provided in this report is.. to the best of my knowledge and belief, true,
accurate and complete. ® Yes
Federal regulations require this application to be signed as t'oI lows : For a municipal, State, Federal, or other public faciIitve by either a principal
executive or ranking elected official.
Kent Exner, Director of Public Works
Vame of Certifying Official, Title
04127!2010
Date (mm/dd /yyyy)
q ��
Marc A. Sebora, City Attorney
•
•
•
Office of the City Attorney H1 Hassan street SE
Hutchinson, MN 55350 -2522
320 - 587- 515UFax 320 -234 -4201
TO: Mayor & City Council
FROM: Marc A. Sebora, City Attorney
DATE: April 23, 2010
SUBJECT: Discussion of the Keeping of Bees Within Hutchinson City Limits
As a follow up to our discussion at the last City Council meeting on the keeping of honey
bees within city limits, please find attached information from the cities of Minneapolis
and St. Paul found by Mayor Steve Cook. Please note that the ordinances have licensing
requirements, restrictions on yard size, number of hives, and distances from yard lines, as
well as requirements to ensure vertical flight from and to the hives. If this idea continues
to move forward, the mayor has suggested adding language to any ordinance or policy
that would require the city to be held harmless and provide financial protection for
persons injured by kept bees.
Should you have any questions, I would be happy to talk about them at the April 27 City
Council meeting.
— Printed on recycled paper —/
http: / /www.startribune.com/ lifestyle /homeg,irden/43075517.html ?page =l &c°y
•
trfirunexom
Page I of 2
Buzz at Minneapolis city hall favors
ending 34 -year beekeeping ban
•
Jim Geiuz. Star Tribune
Powderborn resident Elise Kylio on V'dednesday
tended to a honey bee hive she keeps at the home of
a trend in south Mtnneapolhs.
Minneapolis drew closer to legalizing
hives after the City Council heard
from "stealth beekeepers."
By STEVE BRANDT, Star Tribune
last update: April 16, . 2009.. 12.03 P;lo
To bee or not to bee?
It's looking like the former, with a proposal
to legalize beekeeping in Minneapolis
advancing unanimously at City Hall on
Wednesday.
City gardeners and hobbyists with cases of
hives already showed up at a City Council
committee to argue for a proposal by Council
Member Diane Ffofstede that would set the
requirements for keeping bees in the city
after a 34 -year ban.
St. Paul has allowed beekeeping for decades,
and the League of Minnesota Cities reports
more cities arc getting inquiries from
residents.
"They're extremely important little creatures."
University of Minnesota entomology Prof.
Marla Spivak, whose research specialty is
honey bees. told the council. Advocates
listed benefits ranging from better pollination
of gardens and fruit trees to the sweet
reward of honey.
She and other supporters had to deal with a
few common misconceptions to reassure the
council's regulatory committee.
"They truly are docile -- beyond gentle,"
Nicollet Island resident Peat Willcuttsaid.
E.ven swarms that occur when a colony of
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•
•
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Page 2 of 2
bees divides are relatively calm, Spivak said.
But the proposed ordinance includes a few
safeguards designed to keep the neighbors
calm, too. Consent from all abutting property
owners would be required, plus 80 percent
of owners within 100 feet of the keeper's lot.
The bee area would have to be fenced, with
flyways devised with barriers to get bees to
altitude quickly when the hive is near a
property line. Keepers would be required to
get some schooling and a city permit of $100
initially and $50 annually.
Bees a balm to keepers
Most owners of a typical 40- foot -wide city
lot would be limited to one or two hives. But
isolated undeveloped lots could be approved
for several times that many.
The council was lobbied by several city
residents who admitted they're stealth
beekeepers. Powderhorn resident and
gardener Elise Kv[to keeps a couple of
colonies, gets requests frorn friends for hives
and asked the council to Ieealize her habit.
"I'm fascinated by the creatures," she said.
Jacquelynn Goessling of the Kingfield
neighborhood said keeping bees fits the
city's initiative to encourage the consumption
of fresh, locally grown foods. She's hoping
pollination will buttress yields from her back y
and pear tree and a nearby community
garden.
Kathleen Connelly, a longtime city resident
who's temporarily livingjust over the border
of Golden Valley, said she's waiting to see
whether the proposal passes before deciding
where to buy a house. She now keeps her
colonies in Zumbrota.
She called bee prohibitions a relic of efforts
by developing suburbs to shed their agrarian
pasts. With hiving season at hand, the city
hopes to accept applications by June I if the
measure passes as expected on April 25.
"This is very intriguing," Chairman Don
Samuels told the crowd before the
unanimous vote. "You made a believer of me.
I'm kind of envisioning my beehive."
Steve Brandt •612 -673 -4438
THE SECOND CITY
FRIDAY, JUNE 4
ON SALE NOW T1rKETMASTea.00M f Y5 +iC LAKE
CASINO • HOTOL
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Home I Lifestyle I Home + Garden
The buzz: Urban beekeepers are a growing colony
Home is where the hive is for urban beekeepers, who hope to improve their gardens, produce honey or protect
this misunderstood - and possibly endangered - insect.
By KIM PALMER, Star Tribune
Last update: June 23, 2009 - 7:32 PM
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David Nicholson and Betsy Ranum check their bee hive in the backyard.
• Joel Koyama, Star Tribune
Video: Let them bee
Bee facts
Books on bees
Part 2: Homegrown heats up
Part l: Raising chickens
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The last time David Nicholson appeared in the Star Tribune, he didn't reveal his face or last name. Nicholson was
trying to stay under the radar because he was engaged in an illegal activity: harboring honeybees.
But now that Minneapolis has ended its decades -long bee ban, stealth beekeepers are emerging from the shadows
to talk up their hobby.
"I find bees absolutely fascinating," said Nicholson. He and his partner, Betsy Ranum, a bee research assistant at
the University of Minnesota, have been keeping them in their south Minneapolis back yard for the past three
years. "It's so pleasant to sit there," Nicholson said. "The bees are busy, and it smells so nice around the hive."
The couple's bees weren't a secret in the neighborhood. They talked to their nearest neighbors in advance, and
one even helped build their "flyway barrier" -- a tarp enclosure designed to direct the bees' flight from the hive
upward, out of humans' way. Nicholson said the bees don't bother anyone, adding: "If we hadn't told people, they
wouldn't know."
Beekeeping, which also is allowed in St. Paul (with a permit) and in many Twin Cities suburbs, is on the rise,
part of the urban agriculture movement. More city dwellers are replacing their turf grass with vegetable plots and
adding back -yard chicken coops and apiaries, or beehives. The Minnesota Hobby Beekeepers Association boasts
about 300 members, up from 250 a few years ago, said president Dan Malmgren.
There's added buzz around bees because there's a sense of urgency; many fear they're an endangered species.
hat's relevant to anyone who eats.
"We need bees to pollinate our plants," said Bob Sitko, a certified master beekeeper who teaches classes at
�L)
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Page 5 of 8
Century College in White Bear Lake. "If all bees disappeared today, we wouldn't have watermelons, blueberries.
.... They're responsible for about one -third of the food supply."
Better produce
Next page
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CHAPTER 74. MISCELLANEOUS REGULATIONS
Page 5 of 9
necessary actions to protect the health and safety of the public and the animals.
• (k) It shall be unlawful for any person to furnish false information for the purpose of obtaining a
permit. Any permit obtained under fraudulent pretenses is void and shall be revoked.
(1) Any person applying for a permit shall provide evidence of surety bond or liability insurance
in the amount set by Minneapolis Animal Care and Control which covers incidences or
occurrences involving animals.
(m) Minneapolis Animal Care and Control may deny an application for a traveling animal
exhibition permit for any of the following reasons:
(1) Failure to comply with or supply any information or access requested and/or
required, or
(2) Falsification of any information required; or
(3) Previous or current violations of any provisions of this chapter; or
(4) Previous or current citations, violations of any local, state, or federal law relating to
cruelty to animals, public safety or animal exhibition permits.
(n) Minneapolis Animal Care and Control may revoke a permit for any of the following reasons:
(1) Failure to comply with the terms of this chapter; or
(2) Falsification of any information required, or
(3) Current violations of any provisions of this chapter; or
(4) Violation of any local, state or federal law applicable to animals and/or traveling
• animal exhibitions.
(5) Any instance of animal cruelty, abuse or neglect within the City of Minneapolis.
(o) Minneapolis Animal Care and Control may confiscate, order veterinarian care, and /or
prevent from exhibition any animal which possess a threat to public safety (including, but not
limited to animals not current with vaccinations) and /or is in immediate danger due to animal
cruelty, abuse or neglect.
(p) In the event of a permit denial by Minneapolis Animal Care and Control, the applicant may,
upon written request, have the denial reviewed by the public safety and regulatory services
committee of the city council no less than thirty (30) days prior to the scheduled or planned
event in the city. The committee shall make a recommendation concerning the application to the
full city council at the conclusion of the hearing. If the denial is affirmed by the city council, the
applicant may seek such judicial review as permitted by law. (2008 -Or -004, § 3, 2 -1 -08)
74.70. Reserved.
Editor's note: Section 1 of 88 -Or -088, adopted May 13, 1988, deleted § 74.70 in its entirety. Said
section pertained to destruction of dangerous animals, and was derived from Code 1960, as amended,
§ 816.070; and § 2 of an ordinance of June 13, 1975.
74.80. Keeping of honeybees. (a) No person shall keep, maintain, or allow to be kept any
hive or other facility for the housing of honeybees on or in any property in the City of
O inneapolis without a permit.
(b) The number and location of hives, colonies and /or facilities for the housing of honeybees
permitted by this section shall be determined by a permit issued by Minneapolis Animal Care
st-�
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CHAPTER 74. MISCELLANEOUS REGULATIONS
Page 6 of 9
and Control. The permit shall specify any restrictions, limitations, conditions or prohibitions
• required by the manager of animal care and control as necessary to safeguard public health and
the general welfare. Subject to a hearing to be held by a committee of the council or other
designated hearing examiner, if requested within five (5) days of the notification, the manager of
animal care and control may deny, suspend or revoke any permit applied for or granted
pursuant to this section if any condition or requirement is violated or if the keeping of honeybees
becomes a public nuisance.
(c) The manager of Minneapolis Animal Care and Control may grant a permit pursuant to this
section only after the applicant has met any educational requirements as established and
published by the manager and received the written consent of at least eighty (80) percent of the
occupants of the several descriptions of real estate situated within one hundred (100) feet of the
applicant's real estate and one hundred (100) percent of the signatures of occupants of
properties immediately adjacent to the applicant's real estate. When the proposed location of
the hives, colonies and facilities is within a large real estate parcel greater than four (4) acres in
size, the applicant must receive approval from eighty (80) percent of the occupants of the
several descriptions of real estate situated within two hundred fifty (250) feet of the hives and
one hundred (100) percent of the occupants of the several descriptions of real estate situated
within one hundred fifty (150) feet of the hives. For the purposes of this subsection, the term
"occupant" refers to any one (1) occupant for each of the real estate properties referenced.
(d) Any person desiring a permit for the keeping of honeybees shall make application to
Minneapolis Animal Care and Control. Approval of the application is subject to reasonable
conditions prescribed by the manager of Minneapolis Animal Care and Control. All permits
issued shall expire on January thirty -first of the year following issuance unless sooner revoked.
The application fee for such permit shall be one hundred dollars ($100.00) which shall be paid
at the time of application. The annual renewal fee thereafter for such permit shall be fifty dollars
• ($50.00). Minneapolis Animal Care and Control shall inspect the premises annually or as
deemed necessary. Should the permit be refused, denied or revoked, the fee paid with the
application shall be retained by Minneapolis Animal Care and Control.
(e) Minneapolis Animal Care and Control shall enforce the provisions of this section.
(f) Definitions. As used in this section:
(1) Apiary means the assembly of one (1) or more colonies of honeybees at a single
location.
(2) Beekeeper means a person who owns or has charge of one (1) or more colonies of
honeybees.
(3) Beekeeping equipment means anything used in the operation of an apiary, such as
hive bodies, supers, frames, top and bottom boards and extractors.
(4) Colony means an aggregate of honeybees consisting principally of workers, but
having, when perfect, one (1) queen and at times drones, brood, combs, and honey.
(5) Hive means the receptacle inhabited by a colony that is manufactured for that
purpose.
(6) Honeybee means all life stages of the common domestic honeybee, Apis mellifera
species of European origin.
(7) Lot means a contiguous parcel of land under common ownership.
(8) Nucleus colony means a small quantity of honeybees with a queen housed in a
• smaller than usual hive box designed for a particular purpose.
(9) Undeveloped property means any idle land that is not improved or actually in the
process of being improved with residential, commercial, industrial, church, park, school
or governmental facilities or other structures or improvements intended for human ^
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CHAPTER 74. MISCELLANEOUS REGULATIONS
Page 7 of 9
• occupancy and the grounds maintained in associations therewith. The term shall be
deemed to include property developed exclusively as a street or highway or property
used for commercial agricultural purposes.
(g) Standards of practice. Any person obtaining a permit pursuant to this section shall comply
with the following standards of practice:
(1) Honeybee colonies shall be kept in hives with removable frames, which shall be
kept in sound and usable condition.
(2) Each beekeeper shall ensure that a convenient source of water is available to the
colony prior to and so long as colonies remain active outside of the hive.
(3) Each beekeeper shall ensure that no wax comb or other material that might
encourage robbing by other bees are left upon the grounds of the apiary lot. Such
materials once removed from the site shall be handled and stored in sealed containers,
or placed within a building or other insect -proof container.
(4) For each colony permitted to be maintained under this ordinance, there may also be
maintained upon the same apiary lot, one (1) nucleus colony in a hive structure not to
exceed one (1) standard nine and five - eighths (9 5/8) inch depth ten -frame hive body
with no supers.
(5) Each beekeeper shall maintain his beekeeping equipment in good condition,
including keeping the hives painted, and securing unused equipment from weather,
potential theft or vandalism and occupancy by swarms. It shall be a violation of this
section for any beekeeper's unused equipment to attract a swarm, even if the beekeeper
is not intentionally keeping honeybees.
• (6) Each beekeeper shall enclose their property with a latching fence.
(h) Colony density. Any person obtaining a permit pursuant to this section shall comply with the
following restrictions on colony density:
(1) Except as otherwise provided in this ordinance, in each instance where a colony is
kept less than twenty -five (25) feet from a property line of the lot upon which the apiary is
located, as measured from the nearest point on the hive to the property line, and any
entrances to the hive faces that lot line, the beekeeper shall establish and maintain a
flyway barrier at least six (6) feet in height. The flyway barrier may consist of a wall,
fence, dense vegetation or a combination there of, such that honeybees will fly over
rather than through the material to reach the colony. If a flyway barrier of dense
vegetation is used, the initial planting may be four (4) feet in height, so long as the
vegetation normally reaches six (6) feet in height or higher. The flyway barrier must
continue parallel to the apiary lot line for ten (10) feet in either direction from the hive. All
other sides of the area encompassing the colonies shall consist of fencing, a wall, dense
vegetation or combination of at least four (4) feet tall. The area encompassing the
colonies need not entail the entire property. A flyway barrier is not required if the
property adjoining the apiary lot line is undeveloped, or is zoned agricultural or industrial,
or is a wildlife management area or naturalistic park land with no horse or foot trails
located within twenty -five (25) feet of the apiary lot line. A flyway barrier is not required if
the hives are located on the roof of a structure containing at least one (1) full story if all
hives are located at least five (5) feet from the side of the structure and at least fifteen
(15) feet from any adjacent and occupied structure.
(2) No person is permitted to keep more than the following numbers of colonies on any
. lot within the city, based upon the size or configuration of the apiary lot:
a. One -half ( 1/2) acre or smaller lot: Two (2) colonies;
b. Larger than one -half ( 1/2) acre but smaller than three - quarter ( 3/4) acre lot:
Four (4) colonies,
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CHAPTER 74. MISCELLANEOUS REGULATIONS
Page 8 of 9
is c. Larger than three - quarter ( 3/4) acre lot but smaller than one (1) acre lot: Six
(6) colonies;
d. One (1) acre but smaller than Five (5) acres: Eight (8) colonies;
e. Larger than Five (5) acres: As determined by the manager of Minneapolis
Animal Care and Control.
(3) Regardless of lot size, so long as all lots within a radius of at least two hundred
(200) feet from any hive, measured from any point on the front of the hive, remain
undeveloped, the maximum number of colonies may be increased by the manager of
Minneapolis Animal Care and Control. No grandfathering rights shall accrue under this
subsection.
(4) If a beekeeper serves the community by removing a swarm or swarms of
honeybees from locations where they are not desired, a beekeeper shall not be
considered in violation of the portion of this section limiting the number of colonies while
temporarily housing the swarm on the apiary lot in compliance with the standards of
practice established pursuant to this section if the swarm is so housed for no more than
thirty (30) days from the date acquired. (Code 1960, As Amend., § 816.080; Ord. of 6-
13-75, § 2; 2009 -Or -032, § 1, 4- 24 -09)
74.90. Seeing Eye or Hearing Aide dogs permitted in public places. Whenever any blind
or hearing- impaired person accompanied by a "Seeing Eye" or "Hearing Aide" dog presents
himself or herself for accommodation or service on any public conveyance vehicle or to any
. cafe, restaurant, store, or other place of business open to the public, it shall be unlawful for the
owner, proprietor, manager, or operator of such vehicle or place of business to refuse
admission to the dog or service to the blind or hearing- impaired person. (Code 1960, As
Amend., § 816.090; Ord. of 6- 13 -75, § 2, 82 -Or -160, § 1, 8- 13 -82; Pet, No. 248858, § 12, 3 -31-
89)
74.100. Sale of baby chicks or artificially colored animals or fowl prohibited. No person
shall sell, offer for sale, barter, give away, or be in possession of any artificially colored animals
or fowl. No person shall sell, offer for sale, barter, or give away any chicks, ducklings, or other
fowl under two (2) months of age. (Code 1960, As Amend., § 816.100; Ord. of 6- 13 -75, § 2)
74.110. Animal traps and similar devices. (a) [ Use prohibited. ] No person shall set, lay or
prepare any trap or mechanical device capable of killing, injuring or maiming any person,
domestic animal or wildlife. No owner or person having the care, custody or control of any
dwelling, building or other structure shall permit such a trap or device to be set or to remain set
on the premises inside or outside such dwelling, building or structure.
(b) [Exceptions. ] The provisions of this section do not apply:
(1) To representatives of the city, county, state, federal government, or licensed pest
control operators while in the course of their official duties and a more humane trap is
not available;
(2) Nor to property owners, their agents or their tenants who may employ, on private
property:
a. A trap specifically designed to eradicate rats, mice or moles, or
to-)
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DEPARTMENT OF SAFETY AND INSPECTIONS
Bob Kessler, Director
CITY OF SAINT PAUL Telephone: 651 - 266 -9090
Chrisropher B. Coleman, kfm or 375 Jackson Sheer, Stile 320 Fac,,,We: 651- 266 -9124
Safnt Paid, Mmnesota 55101 -1029 Web: wrvw.slpaed gov:'dsi
RULES AND REGULATIONS RELATING TO KEEPING OF ANIMALS
In Accordance with Saint Paul Legislative Codes 198 and 200.15
A. Scope and Purpose. The provisions of this regulation will apply to the keeping of animals, requiring a
permit from the City of Saint Paul Department of Safety and Inspections (DSI), Animal Control Center.
Animals covered under this permit are: more than one (1) rabbit; and /or one (1) or more hoofed
animals, pig, ferret, mink, chicken, turkey, duck, goose, pigeon or similar small animal or bird; any
chinchilla, hamster, gerbil, white rat, mouse, or guinea pig which is not kept as a pet; bees; wild or
exotic animals; more than three (3) cats'. more than three (3) dogs; and animals not absolutely prohibited
by Chapter 198.03.
B. Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter.
The word ` as used herein, indicates a mandatory requirement.
1) Bees are defined as Genus and Species Apes Mellifera.
2) "Wild animals" shall mean all living creatures, not human, wild by nature, endowed with sensation
• and power of voluntary motion, and includes quadrupeds, mammals, birds, fish, amphibians,
reptiles, crustaceans and mollusks.
3) "Dog" and "Cat' shall mean male or female of any breed of any domesticated dog or cat.
When such animals are kept, they shall be controlled to prevent them from harming themselves or the
public. They shall also be kept in such a manner as to prevent them from becoming a public or private
nuisance.
C. Application for Permit
1) The application for a permit shall be on a form supplied by the Animal Control Center. Application
for a permit shall be accompanied by written approval from 75% of owners and /or renters of
privately or publicly owned real estate within 150 feet of the outer boundaries of the applicant's
premises for which the permit is being requested, or proof that the applicants property lines are 15C
feet or more from any structure.
2) The application shall list the species and the maximum number of animals for which the permit is
applicable. If the permit is for cats or ferrets, each cat or ferret must be listed by name and have
proof of current rabies vaccination. If the permit is for dogs, each dog must be listed by name and
currently licensed, and have proof of current rabies vaccination.
3) The permit shall state the species and the number of animals which may be maintained on the
premises, and the permittee shall immediately inform the Animal Control Center, in writing, when
the number of animals maintained on the premises exceeds the number allowed by the permit or
when a different number or species is substituted for those listed on the permit. If a permittee
• wishes to increase the number of animals allowed or substitute or add a different species to those
listed on the permit, a new permit (including a new petition) must be applied for, and the
appropriate fee paid.
AA- ADA-F_EO Employer
U —J
• 4) Permits for fostering or rescuing animals shall have this stated on the application, and the applicant
must possess a State Board of Animal Health Certificate.
5) For buildings or structures which consist of five (5) or more individual units, the applicant must
obtain written permission of the Property or Association Manager. It shall be the responsibility of
this Manager to instill any additional rules and regulations it deems necessary.
6) Where a property consists of a multiple dwelling and lies within 150 feet of the applicant's
dwelling, the applicant need only obtain the written consent of the Owner, Manager, or other person
in charge of the building.
D. Facilities
I) Housing facilities and grounds shall be maintained in a clean and sanitary condition, and in good
repair. Flies, rodents, and noxious odors shall be controlled. Facilities shall be kept free of fecal
matter, and collected fecal material shall be properly stored and disposed.
2) Construction and maintenance of the holding facilities shall comply with all applicable rules,
regulations, ordinances, and statutes.
3) Stored fecal matter shall not be allowed to accumulate on the property. Stored fecal matter shall be
removed at least twice each week between April I and November 30.
4) No permit shall be issued until the owner has demonstrated that the animal(s) shall be kept in a
holding area, capable of containing the animal(s).
O E. Flying of Pigeons
Racing and Homing pigeons may be allowed to fly for a period of time not to exceed two (2) hours. The
two -hour period may take place once in the morning between the hours of 6:00 a.m. and 10:00 a.m., and
once in the evening between the hours of 3:00 p.m. and 7:00 p.m. The birds shall not be allowed to
become an annoyance or nuisance to neighboring properties.
Rodent Control
When rodent control measures are indicated, rodent control measures will be instituted by the permit
holder or by any approved licensed pest control operator.
G. Bees
1) There shall be only one colony of bees for every 2,000 square feet of property area.
2) The bee hive(s) shall be located in the center of the property furthest away from adjoining property
lines.
3) The bee hive(s) shall be surrounded by a hedge, snow fence or other barrier to insure that when the
bees enter or leave the hive they assume a vertical flight pattern.
4) See the enclosed "Bee Restrictions" form for additional requirements.
•
AA- ADA -FF0 Employer
H. Dogs /Cats/Ferrets Sec. 199.02: Vaccination requirements, and Sec. 199.03: Vaccination
identification.
1) Every dog, cat, or ferret four (4) months of age and older, shall be vaccinated against rabies.
2) Every dog, cat, or ferret which is not vaccinated at the time of its acquisition or transportation into
the city shall be vaccinated within thirty (30) days of acquisition or arrival, whichever is applicable,
unless the dog, cat, or ferret is under four (4) months of age. Vaccination must be kept current.
A metal or durable plastic current rabies vaccination tag, issued by the attending veterinarian, shall be
securely attached to the collar or harness of the dog, cat, or ferret by the owner. Whenever the dog, cat,
or ferret is out of doors, whether on or off the owner's premises, the collar or harness with the
vaccination tag must be worn. In addition, the owner may be requested to provide a current certificate
of rabies vaccination issued by the veterinarian.
3) The owner /applicant shall provide copies of CURRENT anti - rabies vaccinations for ALL animals
prior to, or during inspection.
1. Other Restrictions
Obtaining and maintaining a permit is also subject to any other restriction or condition not listed in the
rules and regulations which are imposed by the DSI or the Animal Control Center to protect the public
health and safety, or to prevent or control a condition unique to the applicant's premises or animals.
J. Revocation/Denial of Permit
1) Violation of the terms of the permit or the rules and regulations for obtaining and maintaining a
• residential permit shall be grounds for revocation or denial of the permit.
2) Substantiated reports from owners or renters within 150 feet of the outer boundary of the
permittee's property that the animals frequently or habitually are noisy or create another nuisance
condition shall be grounds for revocation of the permit.
3) Failure to renew the permit shall be grounds for revocation of the permit.
4) Violation of PRIVATELY owned building or association rules and regulations shall be grounds for
revocation of the permit.
5) Notification of INTENT TO DENY OR REVOKE shall be issued by the DSI or the Animal Control
Center by mail or in person, and shall mean the permit is pending. The applicant or permit holder
will have ten (10) days maximum to remove, reduce the number of animals, or to appeal this
decision, whichever is applicable. If appealing the decision, the appeal must be submitted in
writing within ten (10) days of receiving the denial notification.
The appeal shall be submitted to:
City of Saint Paul
Director, DSI
375 Jackson Street, Suite 220
Saint Paul, M 55101 -1024
• January Zoos
.AA -ADA -EEO Employer [ 1
V J _/
•
DEPARTMENT OF SAFETY AND INSPECTIONS
Bob Kessler, Director
CITY OF SAINT PAUL
Christopher B Calenian „4layar
375 Jackson So'eet, Soo, 220 Telephone: 651 -366 -9090
S,w P,o l Minnesota 55101 Facsimile: 657 - 266 -91?4
Wi,b: wwv..stponlgov
In addition to the 'Rules and Regulations Relating to Keeping of Animals ", you must also comply with the
following Bee Restrictions:
I. Care must be taken so as not to cause a public nuisance in your neighborhood.
2. Fencing. Access to the bee hive shall be controlled by fencing, and shall meet the following criteria:
a) Fencing shall be constructed so that children cannot get closer than 10 feet to bee hive.
b) The fencing shall effectively prevent the entrance of children, and be without hand- or foot -holds
that would enable a child to climb over it.
•
c) The fencing shall be at least 5 feet high, and entrances shall be equipped with a self - closing,
latching gate. Gate shall be kept locked.
Posting Signs. Permittee shall post a sign stating "WARNING BEE HIVE" in letters that are at least 4
inches in height. This sign shall be posted conspicuously at the top of the fence surrounding the bee
hive.
Inspection. The Saint Paul Department of Safety and Inspections (DSI) is authorized to conduct such
inspections as it deems necessary to insure compliance with all provisions of this chapter, and shall have
right of entry at any reasonable hour to the bee hive for this purpose.
Permittee shall defend and indemnify the City of Saint Paul against any and all claims arising out of
keeping the bees on the premises.
0 Revised 1/2008
AA -ADA -EEO Employer
M
Chapter 198. Keeping of Animals*
0 Chapter 198. Keeping of Animals"
Pagel of 3
'Editor's note: This chapter is derived from Code 1956, §§ 327.01 -- 327.06; and from Ord. No. 17121, adopted March 22, 1984; and Ord. No.
17214, adopted Feb. 19, 1985.
Sec. 198.01. Definitions.
As used in this chapter, the terms defined in this section shall have the meanings ascribed to them:
Environmental health officer means the director of the department of safety and inspections or his/her designee.
Regulated animal means:
(1) All members of the Felidae family including but not limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals, but
not including domestic cats or cats recognized as a domestic breed, registered as a domestic breed, and shown as a domestic breed
by a national or international multibreed cat registry association;
(2) Bears;
(3) All nonhuman primates, including, but not limited to lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets. lonses, and
tamarins; and
(4) Any hybrid or cross between an animal listed herein and a domestic animal, and any offspring from all subsequent generations of
those crosses or hybrids.
Wild or exotic animal means any mammal, amphibian, reptile or bird which is of a species not usually domesticated, and of a species which,
due to size, wild nature or other characteristic, is dangerous to humans. The term includes animals and birds, the keeping of which is licensed by the
state or federal government, such as wolves, raptors and pheasants. By way of example and not of limitation, the term includes: snakes, eagles,
weasels, badgers, deer and bison. The term also includes crossbreeds such as the cross between dogs and coyotes and dogs and wolves. Any wild
or exotic animal which also fits the definition of a "regulated animal' shall be treated as a regulated animal for the purpose of this chapter.
(C. F. No 97 -285, § 1, 4 -9 -97; C . No. 05 -630, § 1, 8- 10 -05; C.F. No 09 -1159, § 1, 11- 12 -09)
•Sec. 198.02. Permits required; exceptions.
(a) Hoofed animals. No person shall stable, keep or permit any hoofed animal to remain on any lot or premises within the city without a
permit.
(b) Small animals and birds of the orders Ansenformes and Galliformes. No person shall keep or permit more than one (1) live rabbit, or any
mink, ferret, female chicken, turkey, duck, goose or pigeon or similar small animal or bird, in any dwelling or on the same lot or premises with a
dwelling or other premises within the city without a permit. This paragraph does not apply to any single dove or any other small bird, or any
chinchilla, hamster, gerbil, white rat, mouse or guinea pig maintained as a pet.
(c) Public health and safety. To protect any person or neighboring use, or to protect the public health and safety, the environmental health
officer may require permits for any animals being kept or maintained in a manner or number that may result in unsanitary conditions,
unreasonable noise or odors, or annoyance, or the attraction of rodents or insects.
(d) Bees. No person shall keep or allow to be kept any hive or other facility for the housing of bees within the city without a permit.
(e) Wild or exotic animals. No person shall keep or allow to be kept any wild or exotic animal within the city without a permit, whether or not
the keeping of such animal is licensed by the state or federal government.
(f) Maximum number of cats. No person shall keep, harbor or maintain more than three (3) cats of over the age of three (3) months within
any individual dwelling unit within the city without a permit.
(g) Maximum number of dogs. No person shall keep, harbor or maintain more than three (3) dogs of over the age of three (3) months within
any individual dwelling unit or on any lot or other parcel of property in the city without a permit.
(h) Exceptions. This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any
circus or show; nor does it apply to any public zoo, or persons temporarily keeping animals for a public zoo as volunteers, docents or
otherwise; nor to any bona fide research institution, or veterinary hospital, provided protective devices adequate to prevent such animal from
escaping or injuring the public are provided.
(C.F. No. 93 -231, § 1, 3- 18 -93; C,F. No. 97 -285, § 2, 4 -9 -97; Ord. No. 09 -1159, § 1, 11- 12 -09)
Sec. 198.03. Keeping of certain animals absolutely prohibited; exceptions.
(a) Prohibited animals. No person shall keep, maintain, sell or harbor within the City of Saint Paul any of the following animals:
(1) Any animal or species prohibited by federal or Minnesota law.
(2) Any exotic animal or species when kept in such numbers or in such a way as to constitute a likelihood of harm to the animals
themselves, to human beings or to the property of human beings, or which constitutes a public or private nuisance.
• (3) Any skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not
vaccinated against rabies.
(4) Any regulated animal obtained after January 1, 2005.
(5) Any member of the familyCamdae, such as wolves, dingoes, coyotes and jackals, except domesticated dogs .
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Chapter 198. Keeping of Animals* Page 2 of 3
• (6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs and wolves.
(7) Any raccoon.
(8) Any red -eared turtle (Pseudemys scriptae- legans ) with a shell length of less than four (4) inches.
(9) Any sugar glider (Petauras breviceps ).
(10) Any male chicken (rooster).
Any person keeping any prohibited animal identified above may have it seized immediately by animal control.
(b) Exceptions.
(1) This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any circus or
show; nor does it apply to any public zoo, or persons keeping animals for a public zoo as volunteers, docents or otherwise; nor to any
bona fide research institution, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or
injuring the public are provided.
(2) In the case of regulated animals, those exemptions listed in Minn. Stat. § 346.155, subd. 7 shall apply.
(C. F. No 93 -231, § 1, 3- 18 -93, C.F. No 97 -285, § 3, 4 -9 -97; C.F. No 05 -630, § 1, 8- 10 -05I C.F. No. 07 -1147, § 1, 12- 26 -07; C.F. No. 09 -1159, § 1,
11- 12 -09)
Sec. 198.04. Permit; application, procedures, term and fee.
(a) Application. Any person desiring a permit required under the provisions of section 198.02 shall make written application therefor to the
environmental health officer upon a form prescribed by and containing such information as required by the environmental health officer.
Among other things, the application shall contain the following information.
(1) A description of the real property upon which it is desired to keep the animal or animals.
(2) The species and number of animals to be maintained on the premises.
(3) A statement that the applicant/permittee will at all times keep the animals in accordance with all the conditions prescribed by the
environmental health officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions
of this chapter and grounds for cancellation of the permit.
(4) Such other and further information as may be required by the environmental health officer.
(b) Consent. The applicant for any permit required under the provisions of section 198.02 shall provide with the application the written
consent of seventy -five (7 5) percent of the owners or occupants of privately or publicly owned real estate within one hundred fifty (150) feet of
• the outer boundaries of the premises for which the permit is being requested or, in the alternative, proof that applicant's property lines are one
hundred fifty (150) feet or more from any structure. However, where a street separates the premises for which the permit is being requested
from other neighboring property, no consent is required from the owners or occupants of property located on the opposite side of the street.
Where a property within one hundred fifty (150) feet consists of a multiple dwelling, the applicant need obtain only the written consent of the
owner or manager, or other person in charge of the building.
(c) Fees, term ofpern if. For all permits issued hereunder, the fee shall be established by ordinance as provided in section 310.09(b) of the
Legislative Code. The term of the permit shall be one (1) year from date of issuance, and the permit may be renewed from year to year with
payment of an additional fee, established by ordinance as provided in section 310.09(b) of the Legislative Code, upon application to the
environmental health offcer; provided, however, that upon any adverse action or violation of the conditions of the permit or substantial
amendment to the permit application as originally described, a new application, fee and investigation may be required before the granting of a
permit or renewal thereof.
(d) Investigation by environmental health officer, may grant permit. The environmental health officer shall make such investigation as is
necessary and may grant, deny or refuse to renew any application for permit under this chapter.
(e) Permit: conditions. If granted, the permit shall be issued by the environmental health off cer and shall state the conditions, if any, imposed
upon the permittee for the keeping of animals under the permit. The permit shall specify the restrictions, limitations, conditions and prohibitions
which the environmental health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions,
unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or
revoked by the environmental health officer for failure to conform to such restrictions, limitations or prohibitions. Such modification or
revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or
persons keeping or maintaining such animals.
(f) Refusal to grant orrenew a permit The environmental health officer may refuse a permit to keep or maintain animals hereunder for failure
to comply with the provisions of this chapter, if the facilities for the keeping of the animals are or become inadequate for their purpose, if the
conditions of the permit are not met, if a nuisance condition is created, or if the public health and safety would be unreasonably endangered by
the granting of such permit.
(g) Numbers of animals, species. The permit shall slate the maximum number and species of animals which may be maintained on the
premises. The permittee shall not exceed the maximum number of animals allowed on the permit or substitute the animals with different
species. A permittee that wishes to increase the number of animals allowed or to substitute or add a different species to those listed on the
permit, shall be required to apply for a new permit and pay the appropriate fee.
(GF. No. 95 -520, § 1, 6 -7 -95; C.F. No. 97 -285, § 4, 4 -9 -97)
Sec. 198.05. Rules and regulations; conditions of permits.
• (a) Rules and regulations. The environmental health officer shall promulgate rules and regulations prescribing the general conditions,
limitations and prohibitions applicable to the keeping of animals or classes of animals under permits granted pursuant to the provisions of this
chapter. Such rules and regulations, and any amendments thereto, are effective twenty (20) days after fling with the city clerk.
(b) Special conditions. The environmental health officer may prescribe specific conditions, limitations and prohibitions pertaining to the
keeping of particular animals under any permit granted pursuant to the provisions of this chapter as the environmental health officer deems
reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or for Q \
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,hapter 198. Keeping of Animals*
the control of rodents and insects, or to protect the public health and safety.
• (C.F. No. 97 -285, § 5, 4 -9 -97)
Sec. 198.055. Regulated animal registration.
Page 3 of 3
(a) Within 60 days after January 1, 2005, a person who possesses a regulated animal must notify in writing the animal control officer using a
registration form prepared by the Minnesota Animal Control Association and approved by the board of animal health. The notification shall
include the person's name, address, telephone number, and a complete inventory of each regulated animal that the person possesses. The
inventory shall include the following information: number and species of each regulated animal; the microchip number and manufacturer for
each regulated animal if available; the exact location where each regulated animal is kept and age, sex, color, weight, scars, and any
distinguishing marks of each regulated animal, A certificate of registration shall be issued to the possessor upon payment of the registration
fee, and if necessary, the site inspection fee. Fees for registration and site inspections shall be in the amounts as set forth in § 310.18.
(b) A person who possesses a regulated animal must notify animal control in writing within ten (10) days of a change in address or location
where the regulated animal is kept.
(c) A person with a United States Department of Agriculture license for regulated animals shall forward a copy of the USDA inspection report
to animal control within thirty (30) days of receipt of the inspection report.
(d) If a person who possesses a regulated animal has a microchip implanted in the animal for identification, the name of the microchip
manufacturer and the identification number of the microchip must be provided to the local animal control authority. If a regulated animal is
sedated for any reason and the animal does not have a microchip implanted, a microchip must be implanted in the regulated animal. Within
thirty (30) days after the microchip is implanted, the name of the microchip manufacturer and the identification number of the microchip must
be provided to the local animal control authority. A person selling or transferring ownership of offspring under six (6) months of age as provided
in Minn. Slat. § 346.155, subd. 2, para. (e), is encouraged to have a microchip implanted in the animal prior to the sale or transfer. Within 30
days of acquisition, a person acquiring ownership of an offspring with a microchip implanted shall comply with microchip information reporting
requirements under this section.
(C.F. No. 05 -630, § 1, 8 -10 -05)
Sec. 198.06. Nuisance.
No person shall keep any animal, bird or other living thing in such a manner as to constitute a nuisance.
•
Sec. 198.07. Enforcement.
The environmental health officer shall enforce the provisions of this chapter.
(C F. No. 97 -285, § 6, 4 -9 -97)
Sec. 198.08. Violation; penalty.
Any person who violates any provision of sections 198 02, 198.03, 198.055 or 198.06 is guilty of a misdemeanor.
•
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0
Memorandum
TO: Mayor and City Council
FROM: Gary D. Plotz, City Administrator
Brenda K. Ewing, Human Resources Director
RE: Retirement Incentive Proposal
DATE: April 7, 2010
To address anticipated budget shortfalls, a retirement incentive was offered, in 2009. Six full
time employees accepted the retirement incentive and retired as of June 30, 2009, and the City
realized a reduction in expenditures due to the program.
At a Council workshop held in March 2010, staff presented information to the Council regarding
•
a retirement incentive program for 2010. Staff was directed by the City Council to prepare a
Retirement Incentive Program for Based for consideration at a future Council meeting. Staff is
recommending a retirement incentive with the following components for Council
consideration:
1. One week of pay for each year of employment, up to a $20,000 maximum payment.
2. The dollar equivalent of one week of the employer provided health and dental premium
for each year of employment (full time employees, only).
3. An additional payout of 1/3 of sick leave accrual over 240 hours.
4. The dollar equivalent of an additional 6 months of the employer provided health and
dental premium (full time employees, only).
5. The City will establish a Health Care Savings Plan (HCSP) program that requires a set
percentage ( %) of any accrued sick leave payout and a set percentage ( %) of any
retirement severance payment to be deposited. Such an arrangement would apply to
any future retirement sick leave payouts issued by the City with any retirement and to
any future retirement incentive payments. The HCSP will need to be established with a
qualified vendor.
6. Retirees may opt for any lump sum payments related to the retirement incentive to be
made to the employee in calendar year 2011.
7. Allow eligible employees to use accrued vacation time in two week pay period
increments until gone. Retirement date is the day after the accrued time is exhausted
• (i.e. last date worked December 31, 2010 — actual retirement date is that date in
calendar year 2011 when all vacation time is exhausted). This has been the City's past
practice made available to all retirees except those included in the 2009 retirement
incentive program.
(62)
• 8. All compensatory time must be used on or before December 31, 2010.
The eligibility criteria recommended for Council consideration is as follows:
1. Meet age and service requirements necessary to collect a pension benefit from PERA
2. OPTION #1- Have at least 20 years of service with the City of Hutchinson (14
employees)
OPTION 42 - Have at least 20 years of service with PERA employers, with a minimum of
10 years service with the City of Hutchinson (15 employees)
OPTION #3 - Have at least 15 years of service with the City (19 employees)
OPTION #4 - Have at least 15 years of service with PERA employers, with a minimum of
10 years service with the City of Hutchinson (20 employees)
3. Retire from current full time or part time employment with the City by December 31,
2010. Retire is defined as ceasing to actively work in the full time or part time position
held by the employee at the time the employee accepts the retirement incentive offer.
Staff will be in attendance at the April 13 Council meeting to respond to Councilmember
questions.
Encl.
U
•
9 La--)
rI L
Memorandum
TO: Mayor and City Council
FROM: Gary D. Plotz, City Administrator
Brenda K. Ewing, Human Resources Director
RE: Resolution No. 13714
Resolution No. 13715
DATE: April 7, 2010
Attached are the following resolutions:
Resolution No. 13714 —A resolution amending Resolution No. 13133 the City of
Hutchinson Employee Handbook — Personnel Policy
• Resolution No. 13715 —A resolution to establish and administer a Health Care Savings
Plan with the Minnesota State Retirement System (MSRS)
The Council is requested to consider the adoption of the attached resolutions. The purpose of
the resolutions is to authorize staff to establish and administer a Post Retirement Health Care
Savings Plan (HCSP) with MSRS through which regular full -time employees shall contribute
funds to cover certain health care costs after an employee retires /terminates from employment
with the City. Funds contributed by employees will be deposited into an account in the
employee's name.
Per the resolutions, there are two types of deposits that are proposed to be made by the
employee.
1. Sick Leave Severance —All employees eligible for retirement severance payments as
outlined in Section 14 (Sick Leave) of the City of Hutchinson Employee Handbook —
Personnel Policy shall contribute 100% of the employee sick leave retirement severance
to the HCSP.
2. Retirement Incentive Severance — AII employees eligible for a retirement incentive
severance payment outlined in the 2010 Hutchinson City Council Retirement Incentive
• Program and any subsequent Programs will contribute
a. 50% of employee retirement incentive severance based on years of service to
the HCSP and shall receive 50% in cash.
9 Lh)
• b. 100% of the retirement severance payment in the amount equal to six (6)
months of employer provided health and dental insurance premiums to the
HCSP.
(The Ws noted in each deposit description are subject to change prior to the official establishment of the
plan with MSRS, per Council action.)
According to IRS rules all qualifying regular full -time employees must participate.
MSRS shall administer the plan by holding in trust contributions made by employees into the
accounts. MSRS shall provide investment services, recordkeeping, benefit payments, and other
functions necessary for administration of the Plan. MSRS shall reimburse former City
employees on a monthly basis for health - related expenses until the employee's health care
savings account is depleted.
The HCSP Plan Document as published by the MSRS is enclosed for your information and
reference.
Staff will be at the April 13 Council meeting, if you have any questions.
Encl.
LJ
•
C� (16)
RESOLUTION NO. 13714
• A RESOLUTION AMENDING RESOLUTION NO. 13133 THE CITY OF HUTCHINSON EMPLOYEE
HANDBOOK — PERSONNEL POLICY DATED FEBRUARY 27, 2007
THE HUTCHINSON CITY COUNCIL HEREBY AMENDS THE POLICY TO REFLECT NECESSARY CHANGES:
HEALTH CARE SAVINGS PLAN
In 2010, the City of Hutchinson will establish a Health Care Savings Plan (HCSP) per Minnesota
Statutes §352.98 and to be administered by the Minnesota State Retirement System (MSRS). The
HCSP is intended to allow eligible employees to contribute pre -tax monetary contributions into an
account to pay for medical expenses and /or health insurance premiums after separation from
employment with the City of Hutchinson. The contributions are placed in the account on a tax free
basis and may be withdrawn on a tax -free basis to pay for eligible medical expenses. The plan also
allows employees to choose amongst several investment options for their contributions.
Eligibility
The HCSP is a benefit available to all regular full time employees terminating their employment and
who meet the criteria as established in the group plans indicated in the plan.
Mandatory Participation
Mandatory participation is required of an employee who meets the criteria established in the
• applicable group plan.
Administration
The HCSP will be administered by the MSRS and the employee will deal directly with MSRS on all
account matters. The City will be responsible for processing the eligible employee's initial enrollment
and forwarding the required contribution amounts as indicated in the following group plans.
Review of Plans
The HCSP may be periodically reviewed to determine whether any adjustments in the established
contribution levels, and any recommended changes will be brought before the City Council for review
and subject to Council approval.
Group Plans
The following are the designated group plans that will be provided to employees who meet the
established criteria:
Regular Full Time Employee Group
% Sick Leave Severance
All employees eligible for retirement severance payments as outlined in Section 14 (Sick
Leave) of the City of Hutchinson Employee Handbook — Personnel Policy that discusses sick
• leave retirement severance eligibility and -or calculations will contribute to the Post
Employment Health Care Savings Plan as described below:
100% of employee sick leave retirement severance to the HCSP.
�(,k)
% Retirement Incentive Program Severance
• All employees eligible for a retirement incentive severance payment outlined in the 2010
Hutchinson City Council Retirement Incentive Program and any subsequent Programs will
contribute to the Post Employment Health Care Savings Plan as described below:
50% of employee retirement incentive severance payment based on years of service to the
HCSP and shall receive 50% in cash.
100% of the retirement severance payment in the amount equal to six (6) months of employer
provided health and dental insurance premiums to the HCSP.
Adopted by the City Council this day of 1 2010.
Steven W. Cook, Mayor
ATTEST:
• Gary D. Plotz, City Administrator
n
U
(�(9
0
RESOLUTION NO. 13715
A RESOLUTION TO ESTABLISH AND ADMINISTER A HEALTH CARE SAVINGS PLAN WITH
THE MINNESOTA STATE RETIREMENT SYSTEM
WHEREAS, Minnesota Statutes, Section 352.98 authorizes the Minnesota State
Retirement System (MSRS) to establish and administer post retirement health care
savings plans through which employers and employees may contribute funds to cover
post retirement health care costs and to contract with municipalities to provide various
services necessary for administration of the plans; and
WHEREAS, the City of Hutchinson wishes to enter into an agreement with the
Minnesota State Retirement System for a post retirement health care savings plan for
eligible and defined employee groups.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hutchinson,
Minnesota, authorizes staff to negotiate a contract with MSRS for establishment and
administration of the Plan.
• BE IT FURTHER RESOLVED, that the City Council authorizes the participation of
non -union full -time, and part -time benefit - eligible employees of the City of Hutchinson
in the Post Retirement Health Care Savings Plan administered by MSRS, as defined by
the HCSP Plan Design. The effective date of such plan for eligible employees will be on
June 1, 2010.
Adopted this day of 2010.
Steven W. Cook, Mayor
•
ATTEST:
Gary D. Plotz, City Administrator
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Health Care Savings Plan
Our Tax -Free Solution
� 06)
What is the Health Care Savings Plan (HCSP)?
f ICSP is an employer- sponsored program that allows you to invest money in a tax -fm account
while you are employed by a Minnesota public employer. Once you leave employment, you pray
.trews your account for reimbursement of eligible health care expenses for you, your spouse and legal
dependents. ids you know, out -of- pocket medical expenses, including medical insurance premiums,
can quickly add up to thousands of dollars. Using the tax -free dollars accumulated in your HCSP
account to reimburse these costs may provide a significant savings for you and your family.
HCSP is a ticY free aecotnrt, which means cond-ibutions
and eligible reirnbarseneeuts are not reportuhle on state or
federal incoYne tax returns.
Fees
'Phe annual administrative fee is 0.65 percent of your account balance. This fee is prorated
and deducted monthly by uMSRS from your account balance. For example, if you have an
account value of $10,000, MSR.S will deduct $5.42 per month from your account. The
maximum annual fee is $140 or $ t 1.67 per month. Fees are subject to change.
How are contributions made to the HCSP?
The type and amounr of contributions to the HCSP are determined as Follows:
• If you are covered by a bargaining unit, contributions to The Plan muse be negotimed or
agreed to by both the bargaining unit and employer and written into a mllecdvc bargaining
agreement nr A'Icnroranduai of Understanding Nou).
• It you are not covered bya bargaining unit, contrfburion amounts most be agreed to by your
employer and included in a wrinen personnel policy.
You c.umot choose to contribute more money to your HCSP account on in individual basis.
Only ncgutiatnd and agreed upon cunrrlburiuns are allowed.
Heulda Care Soviop Plan
jffCSP (),,r I— P,,S.1ed „n
What are eligible health
care expenses?
Eligible expenses arc those that arc
deductible for federal income tax purposes.
Some of the more common expenses
reimbursed by HCSP include:
• Premiman for medical, dental and
long -term care insurance
• Medicare Part B and 1) premiums
• Insurance deductibles and co -pays
• Prescription drug co -pays
• Many over - die - counter drugs
• Eye care expenses
• Hearing aids and barrettes
For more examples of eligible health care
expenses, please visit sysvw.msrssta[e.mn . us.
For a complete list of eligible expenses,
refer to IRS Publication 502, which can
be found at %v ..irs.gov.
0
Why is participation in this Plan mandatory?
Can I opt out?
I RS rules require that all employees participate in the II CIS P adopted by their
employer or hargiining unit. I lowever, you r'an ,pr out of the Plan if your
Are a foreign national
Have conprchutswe hcaldt insurance coverage provided for life that is it least
70 percent paid for by an employer
Are eligible fir TRICARE
Once you opt out, you may nor participate at any time in the Future.
Contact MSRS for inure inhrmtarion.
How are contributions invested?
Contributions are automatically invested in the Money Market Account unless you elect one
or more of the other investment options offered. You can change how hu'ure contributions
am invesred or rransfer all or a portion oFvmtr existing'counit bal.mcc among any of the
invesanent options'. There are chnev way' to manage your investment selections:
-t,,,� Log in to your account online at www,msrs.state.mn.us
41 hall tls Automated Voice Response (AVR) System
Contact an MSRS Representative at 651 - 296 -2761 or roll -Free at 1 -500- 657 -5757
ia„ mey ooh o, <n %rr 6.4..a dn,alyfrom dbr Ford forest A..", ru for ,h1ony Mark, drroonr.
HCSP Investment Options
You can invest your HCSP contributions in any combination of seven investment
options. For additional investment information, go to www.msrs.state.mmus and
,elect "Health Care (HCSPL" then "Investment Options" or contact an MSRS
representative. To review a. prospectus, visit www.sbi.state.mn.us. The prospectus
is located Under the Publications link Please consider the investment objectives,
risks, charges and expenses of the investment options carefully before investing.
tn,lo"I tn,e,1,T,_„1 hlt t,r♦
International Account 0.31%
Growth Share Account 0.20%
Common Stock Index Account 0.02%
Income Shane Accomt 0.01%
Bond Marker Account 0.09%
Fixed Interest Account 0.09%
I.OWF.R Money Market Account 0.01%
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o /�rrz e 1 rhgrrr or than n-,i ,.i , ho. -rrrrn fnnr[s. lane it no nb,o,utrr+hnt the
,"W", 11 be ubhre, rnrtinmin';tal 1, ,rct mrr r"Is, I; 1. Uflpeuhurr.
i0 pordingmr your rouexmrrrt opremr.reivrion, account value, m, y flnuruorr with mark' oonditioru.
('ousidrr your personal risk r04irnnrr who making lnvrennrnr drrirlans. Port prrfo,mutue dart rw,
gournotrel9,mrr retu n ,
How HCSP helps you
save money.
Here's an example of how
contributing a severance payment
to your HCSP could save you
between 30 and 40 percent in taxes.
Let's say you are eligible for $5,000
in .severance. If this was paid to you
in cash, you would only receive
about $3,000 after deducting federal,
state and FICA (Social Security and
Medicare) razes. If your severance is
directed into HCSI; the entire $5,000
would he invested for reimbursement
of health care expenses, effectively
saving you $2,000.
0
When and how can I access the money in my account?
lion em he reimbursed fix eligible expenses using money from your account if von:
• Leave employment
• Retire
Are mussing a disability bencfir from a Nit nesora public pension plan
Are on a medical leave of six months or longer
• Are on a leave of absence of one year or longer
You pav your eligible expenses out -of- pocket and then sulo nit a Reimbertenrent Request
farm and documenrztion of the expenses to MSRS. You will be reimbursed for eligible
out-of- pocket cost, either by check or rhrough direct deposit into your bank account.
Success of HCSP'
The Minnesc ra State Retirement System
(NiSRS) adminisren HCSP for the
benefit of governmental employees
throughout Minnesota.
Since its inception in July 2001, The Plan
het, gained popularity and grown in size.
Minnesota State Statures Chapter 352.98
authorizes MSRS to offer this program no
governmental employers in Minnesota.
tvtSRS Rep rr•rnranves are repsrercA repreasnm isys
ofING Investment Advi om I1( - . (Wooer tilP( ).
What if I die with money remaining in my account?
If there is a balance remaining in your account upon your death, it is aunmacicaly
Transferred TO your spouse and /or legal dependents muse for Tax -free reimbursement
of eligible health care expenses.
If vnu do not have a spouse or legal dependents, or yourspome dies before you, your
desiguated beneficiaries can use doe remaining balance in your HCSP lot reinilaursemcut
o f elig ible health care expenses. Reimbursements m a designated beneficiary are
i bject to snore and federal income taxes.
•
We encourage you to periodically review your HCSP beneficiary designation. Even
if y ou have a spouse or legal dependents, Its still a good idea n have a heneFciary
designation on your accounr. To obtain a Beneficiary Designation form, visit
www.msrs.state.mn.us ur cal MSRS.
How can I monitor and manage my HCSP account?
There are several ways to monitor and manage your HCSP account:
Review quarterly statements
• Log in to your account online at w ..msrsstate.mn.us
• Cal The Automated Voice Response (AVR) System
Contact an MSRS Repress nn live aT 651- 296 -2761 or roll free at 1- 800 -657 -5757
a
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a
Health Ca¢ Se,otes Plan
CSP T:� -fneut t, n
1 00 Empire Drive. Suite SW
1 St. Paul, h1innsnta 551[33 _1000
C09 -0823 -009R (08/09)
40
•
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HCSP
Health Care Savings Plan
PLAN DOCUMENT
July 2009
U M5us
MllnneMta Sum RcMTM m Symm
• 60 Empire Drive, Suite 300
Saint Paul, MN 55103 -3000
651 - 296 -2761 1 1- 800 - 657 -5757
Fax: 651-297-5238
www. msts. state. mn.us
106)
•
Introduction to the Post Employment Health Care Savings Pl an ........._ ............._......
3
Plan Informat ion .................................................................................... ...............................
3
Glossary Terms......... ...... ... ........ ....................................................... ...............................
d
Leal Authori ... . .. ... .. ... .... .
5
State .......................... ........... ... ................................................................ ...............................
5
Federal .......... ...... . .. .. . ...... . . .... .... .........................................................
5
Fiduciary Responsibility ...........
5
Recordkeeper .............. _............................ _............................................... ..............................5
Employee and Employer Participation ................................................. ..............................6
FundingSources ....................................................................................... ..............................
Fixed Assets and Investment Opt ions... ...... ...... ............_................. ......................._.......
?
Administrative Features ............._......................................................... ................._.............
9
PlanYear .............................................................................................. ...............................
9
Payout - Eligibility.
9
Reimbursement - Proof of Expenses.................. ...... ...................... ...............................
9
Reimbursement Schedule .................................................................. .............................
Exemption Rules... ............ ... ...... .. ..... ..
10
DeathBenefit ........................................................................................... .............................
Establishing Rules ........................................................................ ...............................
11
Procedures for Amending the Plan................... ._........................... ........_......._..............
11
PlanTermination .................................................................................. ...............................
12
Administrative & Investment Fees .................................................... ...............................
12
IICSP Plan Document ���
U
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1
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I
I
T he Health Care Savings Plan (HCSP) is an employer- sponsored program administered by the
Minnesota State Retirement System (MSRS) that allows employees to save money for
reimbursment of post - employment medical and dental expenses and /or health insurance
premiums. Contributions are made by Minnesota public employers to a trust on behalf of its
employees Amounts credited to an employee's account can be used to reimburse eligible healthcare
expenses after the employee terminates employment from public service or in other limited
circumstances.
Participants may choose from seven different investment options provided by the Minnesota State
Board of Investment (SBf). It is intended that assets in the program accumulate tax -free, and are
paid out to participants on a tax -free basis for reimbursement of eligible healthcare expenses (in
accordance with IRS Publication 502 and Internal Revenue Code 213(d)).
Plan Sponsor And Trustees
Plan Administrator Information
Name of Plan
Plan Custodian
Plan Recordkeeper
The Board of Directors of the Minnesota State
Retirement System
60 Empire Drive, Suite 300
St. Paul MN 55103
651- 296 -2761
The Executive Director of the Minnesota State
Retirement System
60 Empire Drive, Suite 300
St. Paul, MN 55103
651- 296 -2761
Health Care Savings Plan (HCSP)
State Street Bank
2 Avenue de Lafayette
Boston, MA 02111
ING (Institutional Plan Services, LLC)
1 Heritage Drive
North Quincy, MA 02171
q (�)
Introduction to HCSI'
Glossary of Terms
Administrator:
:Administrator means the Minnesota State Retirement System Executive
Director appointed by the Board of Directors to administer the Plan.
Administrator shall not include dte recordkeeper or an v company which issues
policies, contracts, or investment media to the Plan in respect of a Participant.
Board of Directors:
The Board of Directors of the Minnesota State Retirement System (MSRS)
as established under Minnesota Statutes, section 352.03.
Custodian:
The bank, trust company or other person, if any, selected by the Sponsor as
indicated on page 3 of this Plan Document and who is authorized to hold Plan
assets in a custodial account in accordance with regulations issued by the
Secretary of the Treasury pursuant to Code 410(f).
Dependent:
Includes a spouse and any person who can be legally claimed as a dependent
for federal tar purposes. A dependent as defined
in Internal Revenue Code section 152.
Fund Trustees:
• 'I'he MSRS Board of D are the trustees of the Health Care Savings Plan
(FICSP) Trust Fund.
Plan:
Refers to the MSRS Health Care Savings Plan (HCSP).
Plan Administrator.
Administrator means the Minnesota State Retirement System Executive
Director appointed by the Board of Directors to administer the Plan.
Administrator shall not include the recordkeeper or any company which issues
policies, contracts, or investment media to the Plan in respect of a Participant.
Plan Document:
This document and future amendments to this document.
Plan Sponsor:
Sponsor means the Minnesota State Retirement System Board of Directors. A
Plan Sponsor offers said plan and ensures the Plan Administrator operates in
compliance with the rules related to said Plan.
Plan Year:
For administrative purposes, the plan year will be identified as a fiscal year
running from July 1 to June 30. Beginning January 1, 2010, the plan year will
be identified as a calendar year running January 1 to December 31.
State:
Means the State of Minnesota and its political subdivisions, agencies
and instrumentalities.
Trust Document:
. The legal document which governs and protects the assets of the Plan for the
sole benefit of Plan participants.
f It _�P Ylau Documrat a � � ��
• Legal Authority
State
Minnesota Statutes, Chapter 352.98, authorized MSRS to establish a plan or plans,
known as the Health Care Savings Plan (HCSP), through which public employers
and employees may save to be reimbursed for post - employment health care
expenses. The law mandates MSRS to make available one or more trusts,
authorized under the Internal Revenue Code to be eligible for tax - preferred or tar: -
free treatment
The MSRS Board of Directors will act as fund trustees and, in accordance with the
statute cited above, MSRS shall establish a participant advisory committee for the
Plan, made up of one representative appointed by each employee unit participating
in the Plan. Each participating unit shall be responsible for the expenses of its own
representative. The advisory committee shall meet at least twice a year. The terms
of the Plan will be governed under Minnesota law.
Federal
The State, acting through the MSRS, intends that the Trust, hereby established, shall
be exempt from income tax and FICA tax as an integral part of the State as
provided under the Internal Revenue Code of 1986, as amended (the "IRS Code'),
IRS Revenue Ruling 87 -2, and other relevant guidance.
Fiduciary Responsibility
The MSRS Board of Directors are fiduciaries as provided in Minnesota Statutes,
sections 352.03 and 356A, and as such, the Board of Directors is willing to hold
and administer the Trust Fund for the benefit of eligible HCSP participants and
beneficiaries under and in accordance with the terms of the HCSP Plan Document
and the HCSP Trust Document,
Recordkeeper
The Plan Recordkeeper, as contracted by the Administrator, shall be responsible for
the administration of investments held in the Plan. The Plan Recordkeeper's duties
shall include:
• Receiving contributions under the terms of the Plan;
Making reimbursements from Plan assets held in Trust in accordance with
written instructions received from an authorized representative of the Plan
Administrator;
• Keeping accurate records of the Trust assets and making such records
available to the Plan .-administrator.
The Plan Recordkeeper's duties shall be litnited to those described above. The
Administrator shall be responsible for any other administrative duties required
under the Plan or by applicable law.
•
I RC'P Plan lhxumcnt q ck)
O mployer and Employee Participation
Eligibility Criteria
Any employer that makes retirement contributions and takes retirement deductions, on
behalf of its public employees and retirees, and forwards those funds to any one of
the state pension plans listed below.
• Pubhc Employees Retirement Association (PERA);
• Teachers Retirement Association ('IRA);
• Minnesota State Retirement System (NISRS);
• St. Paul Teachers' Retirement Fund Association;
• Duluth Teachers' Retirement Fund Association;
• Minnesota State Colleges and Universities (NINSCU); and
• Individual Retirement Account Plan (TRAP).
• University of Minnesota Faculty Retirement Plan;
• Police or Firefighters Relief Associations;
• Volunteer Firefighter Relief Associations; and
• Retirement Plans for the Arts Board & Humanities Commision
Participation Criteria
Like any other collectively bargained benefit, employer participation is
voluntary
Union Employees. Amounts to be deposited into the account must
• be negotiated or agreed to by both the bargaining unit and the
employer.
Non -Union Employees. Amounts to be deposited into the
account must be included in a written personnel policy and must
cover all employees covered under the personnel arrangement.
Once contributions are approved and established in collective
bargaining agreements, all employees covered under the contract must
participate as set out in the agreement. An individual employee who
meets the ehgibility requirements set out in the bargaining agreement
may not opt out of the HCSP program, and participation is mandatory.
except in limited circumstances as described on page 9.
Funding Sources
An employer may elect to contribute either a specified dollar amount or a percentage
of employees' salaries into separate accounts established for each employee in the
Trust Fund. Contributions may be derived from one or more of the following sources,
as determined by the employer(s):
Additional Employer Contributions.
Contributions may be made in addition to the salary and other benefits provided to
employees.
Mandated Employee Contributions.
The employer may mandate that employees' salaries be reduced to offset contributions.
• Severance Pay.
Many public employers pay unused vacation and /or sick leave as severance pay at the
time an employee terminates employment. An employer may mandate that all or a
portion of such severance pay be paid to the Trust Fund.
It �P Yl.w Uocenwnr
g(b)
Fixed Assets and Investment Options
•
Investment Options
The MSRS invests its funds through the State Board of Investment (SBI) in
compliance with btinnesota Statutes, Chapter 11A. It shall be the sole responsibility
of the SBI to ensure that all investment options offered under the Plan are
appropriate and in compliance with any and all state laws pertaining to such
investments. Once the funds are invested, in accordance with the Trust Document,
they are held in trust for the sole purpose of paying reimbursements for qualified
medical expenses and paying administrative expenses. The Trust is for the sole
purpose of the participant and cannot be reclaimed by the employer or by creditors
of the employer. Participants in the HCSP may choose from seven different
investment options. The investment choices are explained below. Each fund has
varying degrees of risk and reward.
SIF Money Market Account
This account maintains the value of a participant's original investment and earns
interest that is competitive with rates available in short -term money markets. The
Account owns short-term securities backed by the U.S. Treasury and its agencies.
The average maturity of the Account is generally 90 days or less. Since the sole
source of return will closely track the rise and fall of short-term interest rates.
Currently, the Account is managed by State Street Global Advisors, an affiliate of
State Street bank and Trust, the organization that manages the cash reservices of
retirement assets under the control of the State Board of Investment. While shares
of the Account are neither insured nor guarnateed by the U.S. Government, the
Account offers a higher degree of safety than non - government short -term funds.
There is no assurance that the portfolio will be able to maintain a stable net asset
value of $1.00 per share.
Fixed Interest Account
This account is designed to maintain the value of your original investment and to
provide competitive intereste rates using somewhat longer term investments than
typically found in a money market -type account. The assets in the account are
invested primarily in stable value instruments such as insurance company
investment contracts, bank investment contracts, and security backed contracts.
These instruments are issued by highly rated U.S. financial institutions. They
typically have maturity of 3 to b years and are rated "A" or better at the time of
purchase. The interest rate credited will change reflecting the blended interest rate
available from all investments in the account including cash reserves, which are
maintained to provide liquidity. Due to the nature of the assets volatility of
investment returns is expected to be minimal.
Bond Market Account
This account generates returns from interest income and capital appreciation (an
increase in the market value of its bonds). The account invests in government
issues, high -quality corporate bonds and mortgage securities that have intermediate
to long -term maturation, between three and 20 years. While the majority of the
account is invested in the U.S. bond market, a small portion of the portfolio can be
invested in international -bond markets.
I I(SP Plan t)tKlln]u u � (-0
come Share Account
Ilais account earns return from capital appreciation and current yield. It
generates returns from dividends on stock and interest on bonds. While
holdings vaty daily, the account usually maintains about 60 percent in common
stock, 35 percent in bonds and 5 percent in cash. Currently, the account's stock
segment is managed passively and indexed to the Russell 3000. The Russell
3000 is a broad market index that reflects thousands of publicly traded U.S.
stocks. Managed passively means no attempt is trade to identify specific stocks
that will perform better than others. The bond segment includes high- quality
corporate and mortgage securities, as well as U.S. government issues.
Common Stock Index Account
This account generates reruns that follow the U.S. stock market. The account
is managed passively and designed to track the Russell 3000 Index. Since no
attempt is made to select stocks that outperform the market, the account's
returns correspond to the Russell 3000 movements. The Russell 3000 is a
broad market index that reflects thousands of publicly traded U.S. stocks.
Growth Share Account
Participant Investment
This account generates returns from capital appreciation by investing almost
Direction
exclusively in stock of U.S. companies. The account uses a group of external
Participants have the option to
stock managers retained by the State Board of Investment (SBI) to manage
direct the investment of their
other retirement assets. As a result, the Account encompasses a variety of
Account(s) from among the
investment styles and approaches. One set of managers actively manages
investment options offered by
concentrated portfolios in which a limited number of stocks are held. Another
the Plan. If a participant does
of managers attempts to add incremental value by investing in broad stock
not provide direction, the
• set
market across a wide range of industries. These managers balance the more
Participant's Account shall be
concentrated portfolios held by other active managers in the account. This
invested in the default
structure assures that the entire Account covers all areas of the broad stock
investment option selected by
market. As a result, the structure reduces the chance that future returns for the
Account will be either greatly above or below those of the broad market in any
theAdmuatstrator.
given year.
International Share Account
This account earns returns by investing in the stock of foreign companies.
Typically, a majority of this account is invested in the five largest international
markets, that is, the United Kingdom, Japan, Germany, France and Switzerland.
Most of the remainder is invested in other well- established markets in Canada,
Europe and the Pacific region. In addition, a portion of the account is invested
in developing countries or emerging markets. Approximately one -thud of the
account is managed passively and designed to track the return of 21 markets
included in the Morgan Stanley Capital International index of Europe, Australia
and the Far East (SAFE- Free).
Initially, contributions will default to the money market investment option.
They will remain invested in the money market until the participant makes
his /her own investment designations. A participant may change his /her
investment selections once per month. Participants can contribute to as many
of the seven available investment options as they wish. Participants will receive
an account statement every six months.
• Neither the State of Minnesota nor bISRS guarantees investment performance
or return nor assumes any liability for loss in any account.
All investment fees are established by the SBI and are subject to change
1 0 I f( _SP Plau Uocmnrnr R � L
4
Plan Year
For administrative purposes, the plan year will be identified as a fiscal year
running from July Ito June 30. Beginning January 1, 2010, the plan year will
be a calendar ,year.
Payouts - Eligibility
Participants are eligible to request reimbursement from their account under one
or more of the following circumstances:
• Upon termination of employment
• Upon receipt of a disability benefit from one of the State's public
pension plans;
On a medical leave for six months or longer;
• On a leave of absence for one year or longer.
Hardship withdrawals or loans are not permitted under the Plan.
Reimbursements - Proof of Expenses
• T In order to receive reimbursement for Plan allowable healthcare expenses,
including insurance premiums, participants must complete the Healib Can
Savingr Plan Reimbuerement Claim form and attach receipts and any other
documentation that MSRS deterrrunes is necessary.
Expenses are deemed "allowable" if they are for healthcare expenses (as
I defined in Internal Revenue Code section 213(d)) of an eligible participant,
their spouse or legal dependent(s). Reimbursements, including insurance
premiruns, are payable directly to the participant.
AN claims for reimbursement are venfied against IRS Publication 502 to ensure
compliance with Internal Revenue Code section 213(d). The annual maximum
amount a person can claim for reimbursements of medical expenses subject to
Intemal Revenue Code section 105(h) in any plan year is $20,000.' -
There is no annual maximum with respect to healthcare expenses not subject to
Intemal Revenue Code section 105(h), including reimbursements of health
insurance premiums.
MSRS shall not reimburse for any claims other than those allowed under the
Internal Revenue Code.
This amount may be adjusted annually based
on mcreases or decreases of inflation for
medical expenses and /or premiums.
• ` This annual maximum only applies to out -of-
pocket expenses that are covered under
Internal Revenue Code
ICSP Plan Uorumcnr 0 \ Lb)
0
Reimbursement - Schedule
All payments for reimbursement will be directly deposited into a personal
account designated by the participant. Out -of- pocket expenses are processed
daily. Premium payments are paid monthly.
MSRS shall establish procedures necessary to process reimbursements and
deposit funds to participants accounts.
Exemption Rules
An employee shall be ineligible to contribute to the HCSP if MSRS receives a
waiver of participation from the employee and determines that the employee
falls within any one of the following categories:
• The employee is a foreign national and plans to return to the country in
which he or she is a citizen upon termination of public employment.
• The employee will receive employer paid post retirement health care
coverage through his /her employer, or through a spouse's employer.
The insurance must provide full- coverage for the employee's
Lifetime.
The employee will receive post retirement health care coverage
from the military.
• If the employee has an account balance at the time the employee becomes
ineligible for future contributions, the funds credited to such account shall be
subject to the same terms that apply to the accounts of other Plan participants,
including the rules that apply to the following Sections:
Payout - Eligibility
• Payout- Proof of Expenses
Payout - Schedule
All requests for exempt status are subject to approval by the NISRS Board of
Directors or a designated delegate shall, in its sole discretion, determine
whether an individual is ineligible for future contributions under this Section.
An employee's election to waive participation is irrevocable.
Death Benefit
If an employee participating in the FICSP dies prior to exhausting his /her
account balance, the employee's surviving spouse or legal dependent(s) shall be
eligible (pursuant to the rules established by MSRS) to be reimbursed tax -free
for eligible healthcare expenses until the account balance is exhausted.
If the participant has no spouse or legal dependent(s), then the designated
beneficiaries shall be eligible to be reimbursed for healthcare expenses until the
account is exhausted. Reimbursements to a beneficiary are subject to state and
federal taxes If the participant has no spouse, legal dependent(s) or designated
beneficiaries, then a probate court will determine who is eligible to receive the
money for health care reimbursements.
•
11( aP Pfau Uocumcor I'll 0
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u
Election to Suspend Reimbursements
A participant maa elect to suspend their I K'SP reimbursement eligibility for a plan
:ear. I or adninistnuive Purposes, the plan tear will be identified as a c ale ilk] or _\car
running from january I to December 31. To suspend the HCSP account, a
participant must subrnit a Xomhur,emrnt .lu penluon hkaiat form prior to the
beginning of chat plan year. The suspension election is effective for that plan \ear
and may not be modified or revoked dtauag that period.
The suspension election applies to reimbursement of medical expenses;
however reimbursement of dental or vision expenses is allowable if a
participant meets the criteria (see page 8) to be eligible for reimbursement.
• The suspension election must be renewed each plan year.
• If a participant suspends his /her HCSP account, the Employer shall continue
to deposit funds to the account as outlined in the applicable bargaining
agreement or personnel policy.
Participants may not request reimbursement of expenses incurred during the
plan year for which the suspension election applies regardless of whether the
reimbursement request is submitted during the plan year or subsequent years.
Establishing Plan Rules
The MSRS Board of Directors may establish Plan rules regarding the administrative
functions and items that are not clearly articulated in Federal or State Law. The
Plan rules are not effective until formally adopted by the Board of Directors at a
public meeting, and are not subject to the State of Minnesota rule making process
of the State.
Procedures for Amending the Plan
The MSRS Board of Directors has the authority to amend the Plan at any time, in
whole or in part. Amendments to the HCSP shall not be effective unless officially
adopted by the MSRS Board of Directors. These amendments must be made at 'a
public meeting. Plan participants will be notified of any Plan changes.
The Plan Administrator shall provide a copy of any Plan amendments to the
Recordkeeper.
Changes imposed by the Internal Revenue Service, either by law change, regulations
or ruling, shall be effective immediately without approval from the MSRS Board
of Directors.
Assignability of Participant Account
None of the money in the HCSP is assignable either in law or in equity or subject
to estate tax, or to execution levy, attachment, garnishment, or other legal processes,
except as provided in Minnesota Statutes, sections 518.58, 518.581 or 518:153.
I ll:SP Plan Dncnrncnt q ('6)
Plan Termination
In the event the Plan is lawfully terminated for any reason, amounts not
credited to participants' accounts or used for paying fees and reasonable
administrative expenses of the Trust, shall revert back to the State of
Minnesota and governmental employers participating in the Plan. Amounts
reverted will be made on a pro -rated basis. The pro -rated amount will be
calculated by determining the percentage of assets attributable to each
governmental unit in relation to all the Plan assets. Any amounts remaining at
termination of the Plan will be divided as pro-rated to governmental units
covering employees in the HCSP.
Amounts credited to participant accounts will rernaut in the participant
accounts. Individual participants will continue to utilize their accounts as set
out in this Plan Document until their account balance is exhausted.
Administrative Fee
Administrative fee(s) are established by the MSRS Board of Directors and are
subject to change.
The MSRS Board of Directors, in their capacity as HCSP
• fund trustees, set the annual administrative fee at 0.65
percent. * The fee is prorated and deducted from
participant accounts on a monthly basis. Fees shall not
exceed $140 per year.
Investment Fee
Pad by Account Holder
The SBI also has investment costs ranging from
01 to .31°0.
Employer Responsibilities
Employers shall remit contributions to the Trust
Fund within a period that is not longer than is
reasonable for the proper administration of the
Pardcipant's Account Balance. Plan contributions
shall be deemed to be remitted within a period that is
not longer than within 15 business days following the
of the month in which the amount would otherwise 1
been paid to the Participant unless specifically stated
in the bmgairdng agreement or personnel policy.
There are no fees charged to the employer; all fees, administrative and
investment are paid by the participant All fees are subject to change.
• * Subject to change.
I I( -� Plan Uocunu'u(
,q(b�
r A]
COMMUNITY DEVELOPMENT COMMISSION
An Econo, ^tic D4cvt7lopmcnt Authority
MEMORANDUM
Date:
April 22, 2010
To:
Honorable Mayor & City Council
From:
Miles R. Seppelt
Economic Development Director
RE:
Downtown Farmer's Market
Honorable Mayor & Council,
At their monthly Board meeting today, the Hutchinson Downtown Association passed a resolution
requesting permission to move the Downtown Farmer's Market back to 1 Avenue SE (between
• Main & Hassan Streets) for the 2010 season.
The South half of 1s` Avenue, between Main Street & the alley, would be kept open to
facilitate deliveries to area businesses.
• Last year's location at the VFW parking lot is not feasible due to street construction on
Washing Avenue & Adams Street.
• Many other locations have been reviewed and found not to be feasible:
• VFW parking lot
• Shopko Parking lot (west side)
• Shopko / Wells Fargo lot (north side)
• Former Pet Clinic Lot
• 3 rd Avenue NW
• City parking lot west of City Center
Not accessible — road construction
Too small
Conflict with traffic & bank drive -thru
Too small
Poor accessibility / cannot use trail
Heavily used for parking
• Presently we have 15 vendors signed up to participate in the Farmer's Market.
If you have any question or need more information, please give me a call at 234 -4223.
Thank for your time and consideration.
•
1 DG-K -)
0
•
Requested Farmer's Market Location
1s Avenue SE between Main & Hassan Streets
Library Square
24
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•
105
�o(.Q-)
Kent Exner
•rom:
John Paulson
Sent:
Monday, April 26, 2010 7:37 AM
To:
Kent Exner; Gary Plotz; Jeremy Carter; Dolf Moon; Dan Hatten
Subject:
FW: Council Meeting Agenda - 4/27
Gentlemen,
Please see the message below that I received from Ameresco related to project costs and the potential for any variability
of the final project cost.
If you have any questions please let me know.
Thanks,
John Paulson
Environmental Specialist
City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
;paulson@ci.hutc
0 20.234.5682 Office
320.583.1941 Cell
From: Zukowski, Michael [mailto:mzukowski @ameresco.com]
Sent: Friday, April 23, 2010 4:38 PM
To: John Paulson
Cc: Piper, Michael
Subject: RE: Council Meeting Agenda - 4/27
lQ7T
Thanks for the update, will download packet on Monday. The projects costs are fully developed in detail (as you saw in
the breakdown) the planned scope is set and we are ready to implement. Over a 4 -6 month period, with a tremendous
amount of input from City staff, we developed improvement items /scope and received contractor proposals. A great deal
of joint time and effort was put in to make sure everything was covered (but no more), so that the City would have solid
information. Commonly, in other types of projects, a contingency must be added to the bids to cover change orders, often
this is 10% or more. The pricing we have provided is guaranteed, there will be no need to add contingency. Plus, in
0 ddition to the price guarantee, we also are guaranteeing performance and savings.
We have $8.765 for the M &V work as part of the project, this is for the type of M &V that we have discussed, which was
the simpler and lower cost option. In addition, we have shown on -going annual M &V services costs of $3,2541yr for five
years. If the City wishes these costs could be reduced for a lesser M &V scope. We do not see any other adjustments that
i 0C:)
could be done. As we have been planning all along, we are trying to maintain a high quality project, where equipment and
systems are energy efficient, low in operational costs and address many of the ongoing IAQ or other facility issues you
46 ave been living with. If the project costs or scope was modified it may affect the overall success. I believe we have jointly
eveloped the right solution, at a fair and reasonable price. that ensures the outcomes you are expecting and need.
We are hoping to develop a long -term partnership with the City and look forward to getting this first project underway
Please let us know if you have any questions.
Thanks,
Ameresco Team
p f
!° MERESC.Otl +
Ct+�t2w C�tidi°� • a5trt -04,^eif[ ""'��Jl
Michael R Zukowski, CEM
Account Executive
Ameresco, Inc.
P: (952) 942 -5142 x 4689
C: (651) 253 -8790
Minneapolis Office
Anderson Lakes Center
9855 West 78th St, Suite 310
Eden Prairie, MN 55344
htti)://www.ameresco.com
From: John Paulson [mailto :] Paulson @ci. hutch inson.mn.us]
Sent: Friday, April 23, 2010 9:34 AM
To: Zukowski, Michael
Cc: Piper, Michael
Subject: RE: Council Meeting Agenda - 4/27
Mike,
I will get the quick answers out of the way.
Your presence is not required at the council meeting next Tuesday. The packet information is most easily found
at: http:// www. ci .hutchinson.mn.us /mincity.hthnl . The packet is not posted yet but should be by Monday next
week.
I do have one information request for you. Can you provide a summary or description of any potential
variability associated with the project costs. The measurement and verification portion of the project has not
been set and is dependent on our confidence level that savings will be realized moving forward. This is one
example. What, if any, adjustments to the project costs can also be made. If so, what percent of the project
costs could be reduce and what affect would a reduction of cost have on the project? If the project costs are
modified would itjeopardize the overall success. Your response would help in answering questions regarding
how firm the project costs are.
Please let me know if you have any questions.
Thanks,
John Paulson
Environmental Specialist
City of Hutchinson
10(b)
111 Hassan Street SE
Hutchinson, MN 55350
aulson ci.hutchinson.mn.us
20.234.5682 Office
320.583.1941 Cell
320.234.4240 Fax
1 7 t L
P Think Green - please do not print this email unless necessary
From: Zukowski, Michael [mailto:mzukowski @ameresco.comj
Sent: Thursday, April 22, 2010 5:34 PM
To: John Paulson
Cc: Piper, Michael
Subject: Council Meeting Agenda - 4/27
John,
Can you forward me the agenda/packet for Tuesday?
Will be waiting for your call after speaking with Gary and Kent tomorrow on our presence and support.
Thanks,
AMERECQ
C,,aer.r . 0.an . S�'tarmab3e
Michael R Zukowski, CEM
Account Executive
4 meresco, Inc.
P:(952) 942 -5142 x 4689
C: (651) 253 -8790
Minneapolis Office
Anderson Lakes Center
9855 West 78th St, Suite 310
Eden Prairie, MN 55344
httn: / /www.ameresco.com
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A)
NOTICE: Unless restricted by law, e-mail correspondence to and from the City of Hutchinson or
Hutchinson Utilities may be public data subject to the Minnesota Data Practices Act and /or may be
r isclosed to third parties.
Il
•
it (D 00
A10RESCO,4
VrEOF . C =evn . c�i =Yp�!sr ;>!e
City of Hutchinson Project Budget - 04/16/2010
lT
Confidential
Page 1
4/16/2010
Police
City Wide
VFDs on
Item
Department
Lighting
Rotors
Labor, Materials, Tax, Bonds, Permits
$
312,018 1
$ 214,643
$ 40,540 1
$ 567,201
1 71.08%
Engineering - Design, M &V, Grants
$
33,879
$ 19,721
$ 4,588
$ 58,188
7.29%
Construction Management & Admin
$
21,668
$ 15,629
$ 1,968
$ 39,265
4.92%
Commissioning & Training
$
11,556
$ 4,168
$ 787
$ 16,511
2.07%
Project Development, G&A
$
14,846
$ 10,709
$ 3,086
$ 28,642
3.59%
Subtotal Project Costs
$
393,967
$ 264,870
$ 50,969
$ 709,806
•
Ameresco Fee
$
28,891 1
$ 20,839
$ 3,936
$ 53,666
1 6.73%
Com rehensive Ener Assessment
$
24,150 1
$ 8,625
$ 1,725
$ 34,500
4.32%
Total Project Price
$
447,008
$ 294,334
$ 56,630
$ 797,972
100.00%
Confidential
Page 1
4/16/2010
CITY OF HUTCHINSON FINANCIAL REPORTS (MARCH 2010 AS OF 0412112010)
ES *ION
AXES
ICENSES
ERMITS
JTERGOVERNMENTAL REVENUE
HARGES FOR SERVICES
INES & FORFEITS
JTEREST ON INVESTMENTS
EIMBURSEMENTS
RANSFERS
URCHARGES
UND BALANCE
OTAL REVENUES
2009 2010 2010 2010 2010 MARCH
MARCH MONTH OF MARCH ADOPTED BALANCE PERCENT
YTD MARCH YTD BUDGET REMAINING USED
-
-
-
4,404,300.00
4,404,300.00
0%
40,555.00
21,080.42
37,159.62
58,281.00
MARCH
21,121.38
64%
19,576.87
10,205.60
26,395.98
297,596.00
YTD
271,200.02
9%
33,277.97
13,637.65
30,72715
2,164,243.00
7,623.13
2,133,515.85
1%
250, 804.15
104,852.61
295,132.40
1,767,647.00
92,047.28
1,472,514.60
17%
3,457.64
-
3,291.91
45,000.00
18.04
41,708.09
7%
(52,758.75)
-
(1,134.47)
70,000.00
114,262,05
71,134.47
-2%
68,108.06
54,398.56
73,209.12
419,850.00
66,614.63
346,640.88
17%
7,823.60
165.80
7,628.80
1,901,083.00
-
1,893,454.20
0%
17.20
(459.49)
146
1,000.00
43,047.80
996.54
0%
-
-
-
10,000.00
17,185.57
10,000.00
0%
$ 370,861.74 $ 203,881.15 $ 472,413.97 $ 11,139,000.00 $ 10,666,586.03 4%
$ 2,295,199.22 $ 871,993.44 $ 2,323,001.63 $ 11,139,000.00 $ 8,815,998.37 21%
1�t-)
2009
2010
2010
2010
2010
MARCH
XPENDITURES BY
MARCH
MONTH OF
MARCH
ADOPTED
BALANCE
PERCENT
EPTARTMENT:
YTD
MARCH
YTD
BUDGET
REMAINING
USED
IAYOR & CITY COUNCIL
9,187.44
2,713.76
7,623.13
56,310.00
48,686.87
14%
DMINISTRATION
87,368.41
30,181.71
92,047.28
408,020.00
315,972.72
23%
LECTIONS
-
18.04
18.04
14,000.00
13,981.96
0%
INANCE DEPARTMENT
137,580.70
36,998.48
114,262,05
512,296.00
398,033.95
22%
IOTOR VEHICLE
61,32239
24,364.09
66,614.63
234,028.00
167,413.37
28%
SSESSING
-
-
-
61,911.00
61,911.00
0%
EGAL
43,415.26
18,542.71
43,047.80
230,363.00
187,315.20
19%
LANNING
32,682.86
5,671.32
17,185.57
152,746.00
135,560.43
11%
4FOMT10N SERVICES
60,139.84
24,081.63
73,292.16
283,083.00
209,790.84
26%
OL EPARTMENT
646,420.19
237,178.73
674,684.47
3,060,716.00
2,386,031.53
22%
MER ENCY MANAGEMENT
3,701.88
6,323.04
399.51
18,000.00
17,600.49
2%
AFETY COMMITTEE
2,787.50
-
2,850.00
13,450.00
10,600.00
21%
IRE DEPARTMENT
64,844.36
24,763.05
79,009.22
437,194.00
358,184.78
18%
ROTECTIVE SERVICES
58,063.56
17,880.81
52,792.92
268,77100
215,980.08
20%
NGINEERING
114,52155
39,080.55
102,152.93
462,781.00
360,628.07
22%
TREETS & ALLEYS
286,07974
131,382.91
293,699.32
1,416,898.00
1,123,198.68
21%
ITY HALL BUILDING
28,918.16
9,980.90
30,783.76
143,532.00
112,748.24
21%
ARK /REC ADMINISTRATION
46,276.02
15,516.46
46,811.84
211,466.00
164,654.16
22%
ECREATION
48,330.95
10,629.86
42,522.15
219,566.00
177,043.85
19%
ENIOR CITIZEN CENTER
14,412.29
7,239.29
18,355.69
81,783.00
63,427.31
22%
IVIC ARENA
112,548.77
32,625.38
111,163.85
326,489.00
215,325.15
34%
ARK DEPARTMENT
152,669.14
42,925.00
126,852.77
728,460.00
601,60723
17%
ECREATION BLDG & POLL
44,606.15
13,339.25
40,931.03
141,716.00
100,784.97
29%
VENT CENTER
63,993.75
15,281.54
53,079.20
231,903.00
178,823.80
23%
VERGREEN BUILDING
3,958.76
1,123.35
3,697.88
14,050.00
10,352.12
26%
IBRARY
44,957.09
39,849.93
46,026.82
189,454.00
143,427.18
24%
EMETERY
21,769.64
8,525.81
22,760.82
134,541.00
111,78018
17%
IRPORT
19,494.41
7,124.71
18,666.48
109,528.00
90,861.52
17%
NALLOCATED GENERAL EXP.
85,146.41
68,651.13
141,670.31
975,94100
834,272.69
15%
OTAL EXPENDITURES
$ 2,295,199.22
$ 871,993.44 $
2,323,001.63
$ 11,139,000.00
$ 8,815,998.37
21%
2009
2010
2010
2010
2010
MARCH
XPENDITURES BY
MARCH
MONTH OF
MARCH
ADOPTED
BALANCE
PERCENT
UNCTION OF GOVERNMENT:
YTD
MARCH
YTD
BUDGET
REMAINING
USED
E GOVERNMENT
460,615.06
158,088.20
444,874.42
2,096,289.00
1,651,414.58
21%
UB AFETY
775,817.49
325,226.18
809,73612
3,798,13100
2,988,396.88
21%
TREETS & ALLEYS
400,603.29
141,363.81
395,852.25
1,879,679.00
1,483,826.75
21%
ARKS & RECREATION
531,752.92
163,013.60
489,441.23
2,144,887.00
1,655,445.77
23%
IISCELLANEOUS
126,410.46
84,301.65
183,097.61
1,220,012.00
1,036,914.39
15%
$ 2,295,199.22 $ 871,993.44 $ 2,323,001.63 $ 11,139,000.00 $ 8,815,998.37 21%
1�t-)
0
Institution
Smith Barney
Smith Barney
Smith Barney
Smith Barney
Smith Barney
Smith Barney
Edward Jones
Wells Fargo
Wells Fargo
0 Ils Fargo
Wells Fargo
Wells Fargo
Wells Fargo
Wells Fargo
MidCountry
UBS Financial
Description
C D's
FHLB
C D's
CD's
CD's
CD's
FHLB
FHLM - Step
FNMA - Step
FHLM - Step
FHLM - Step
FNMA - Step
FNMA - Step
FHLB - Step
CD's
FHLB - Step
CITY OF HUTCHINSON
INVESTMENT
REPORT
March
31, 2010
Date
Date
Interest
of
of
Rate
Purchase
Maturity
2.75 % -3.15%
5/20/2009
5/29/2012
5.200%
10/15/2008
10/15/2015
3.3 % -3.4%
6/10/2009
6/10/2013
2.450%
7/22/2009
7/23/2012
1.400%
1/27/2010
1/27/2012
1.400%
1/22/2010
1/23/2012
2.000%
3/26/2008
3/26/2012
2.000%
6/25/2009
6/25/2014
3.000%
12/28/2009
12/28/2016
2.000%
1/29/2009
1/29/2014
2.000%
4/9/2009
4/9/2014
2.250%
8/20/2009
8/20/2014
1250%
1/20/2010
1/20/2017
2.000%
1/13/2010
1/13/2017
1.400%
10/21/2009
4/21/2010
2.000%
3/23/2010
3/23/2016
Amount
350,000.00
300,000.00
300,000.00
500,000.00
248,000.00
496,000.00
500,000.00
625,000.00
500,000.00
200,000.00
600,000.00
1, 000, 000.00
500,000.00
500,000.00
500,000.00
500,000.00
$ 7,619,000.00
11
MINUTESHUTCHINSON PLANNING COMMISSION
• Tuesday, March 16, 2010
Hutchinson City Council Chambers
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman John Lofdahl at 5:34 p.m. with the following members
present: Chris Kovacic, Chad Czmowski, Dave Johnston and Chairman Lofdahl. Absent: Christie
Rock, Jim Fahey and Dean Kirchoff Also present: Gary Plotz, City Administrator, Kent Exner, City
Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator
PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
a) Consideration of Minutes dated February 16, 2010.
Mr. Johnston moved to approve the consent agenda as submitted. Seconded by Mr.
Czmowski . The consent agenda was approved unanimously
4. PUBLIC HEARINGS
a) CONSIDERATION OF A PRELIMINARY AND FINAL PLAT OF SOUTHWIND THIRD
ADDITION SUBMITTED BY HUTCHINSON AREA HEALTH CARE, PROPERTY OWNER
• Chairman Lofdahl opened the hearing at 5:36 p.m. with the reading of publication #7791 as
published in the Hutchinson Leader on March 4, 2010.
Mr. Plotz explained that the property is owned by Hutchinson Area Health Care and was
originally included in the HAHC Addition plat. He explained Outlot B, Southwind Second
Addition is Torrens property and the property to the south is abstract. McLeod County has
indicated they cannot record Torrens and abstract property in one plat. The property owner
decided to plat the abstract property separately as HAHC Addition to continue with the nursing
home project. They are now platting the Torrens property to the north as Southwind Third
Addition to plat street right of way (Calgary Lane SE and a small portion of Sherwood Street
SE). to accommodate for sewer and water in Calgary. Also, the Sherwood Street right of way
will provide a swale.
Mr. Plotz explained the Outlots must be replatted before they are developed. Mr. Linder, HAHC,
reported the current plan is to leave the property vacant.
Staff recommends approval of the request with the following recommendations and findings:
1. Correct/verify westerly property boundary.
2. Dedicate easement for wetland outlet pipe to Sherwood Street.
3. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of
approval.
• There was discussion on the intended use of the property which has not changed.
ri(e)
Minutes
Planning Commission — March 16, 2010
�e2
Mr. Czmowski made a motion to close the hearing. Seconded by Mr. Kovacic, the hearing
closed at 5:43 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff
recommendations 1 -3. Seconded by Mr. Czmowski, the motion carried unanimously. Chairman
Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held
March 23, 2010 in the Council Chambers at 5:30 p.m.
b) CONSIDERATION OF A PRELIMINARY AND FINAL 3 LOT PLAT OF MONTREAL PLACE (A
REPLAT OF OUTLOT C, CALAFORD PLACE) AND TO REZONE THE MONTREAL PLACE
PLAT FROM C -4 TO C -2 AND OUTLOT B, CALAFORD PLACE FROM R -4 TO MIXED USE
DISTRICT (MXD) SUBMITTED BY JACOB WERT, PROPERTY OWNER
Chairman Lofdahl opened the hearing at 5:45 p.m. with the reading of publication #7791 as
published in the Hutchinson Leader on March 4, 2010.
Mr. Plotz commented on the 3 lot replat of Outlot C, Calaford Place. The three lot plat will be
known as Montreal Place. Lot 1, Block 1, is proposed to be developed by Kwik Trip a
gas /convenience store and car wash. The property owner is also requesting to rezone the new
plat from C -4 (Fringe Commercial) to C -2 (Automotive Service Commercial) and Outlot B,
Calaford Place from R -4 (High Density Residential) to MXD (Mixed Use District). He noted the
request would be consistent with the proposed use of the C -2 district. He also explained the
purpose of the MXD district is to: "provide areas that allow a mix of compatible uses, such as
commercial, retail, office, and entertainment, with residential uses in locations with nearby
amenities for pedestrians. Mixed use area shall be in conformance with the City's
• Comprehensive Plan and reserved for properties that have safe access for pedestrians to
sidewalks, trails, parks and natural resources and are free from objectionable uses or hazards
to pedestrians. This district does not allow uses with heavy truck traffic or outdoor storage ".
Discussion followed on other areas slated for mix -use. Mr. Plotz read the permitted and
conditionally permitted uses in the MXD district as follows:
Permitted principal uses. The following uses are permitted uses as regulated herein.
(1) Art galleries and studios
(2) Clinics for human care including medical, dental, and wellness services, including chiropractic
and therapeutic massage.
(3) Financial institutions, including banks, without drive through facilities;
(4) General offices, including administrative, executive, and professional offices such as insurance
agencies, interior decorating services, real estate offices, travel agency, and other similar offices
compatible with residential uses.
(5) Multiple use buildings, with a mixture of retail commercial, and office uses, including multi -
tenant buildings.
(6) Multi family residential, including apartments, condo buildings, townhouses, cooperatives, and
senior housing.
(7) Personal services, including but not limited to salons, hairstylists, drycleaners /laundry (excluding
processing), tailor /alterations, and athletic /fitness facilities of less than 5.000 sq. ft.
(8) Restaurants, cafes, delis, and bakeries without drive through facilities.
(9) Retail stores and shops (less than 5, 000 sq. ft), including but not limited to antique stores,
drugstores, florists, hardware stores, gift shops, grocery, convenience store without gas sales,
clothing stores
(10) Public facilities, and services, including post offices, public buildings, and parks and
playgrounds.
Conditional uses, as regulated by Section 154.170 and subject to the applicable requirements,
(1) Educational facilities, including art schools, daycare, K -12 schools, trade schools, college,
universities, and business training facilities.
Minutes
Planning Commission — March 16, 2010
be 3
(2) Entertainment facilities, including commercial recreation (bowling, community centers, cultural
facilities, clubs and lodges, theaters, and performing arts facilities,
(3) Financial institutions, with drive through facilities
Mr. Plotz commented on the proposed lots being over the one acre requirement. He explained
the plat allows flexibility for future use.
Mr. Marty Campion, Campion Engineering, explained the engineers comments limiting the
access for the Kwik Trip lot to a total of 3 accesses. He stated there will be a total of five
accesses from Montreal Street when the other lots develop. He reported there can be no
access from Hwy 15.
Staff would recommend approval to the request with the following conditions and findings
1. The rezoning would be consistent with the intent of the C -2 and MXD zoning districts in the
Zoning Ordinance, including the existing commercial land use guiding, the adjacent C -4
zoning districts, and the commercial nature of the area located along a major highway.
2. The property is proposed to be developed as a commercial use and mixed use
development. Rezoning would allow the proposed use to be developed in conformance
with the C -2 and MXD districts
3. Future development of the site will require review and approval of a site plan by the
Planning Commission and City Council.
4. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of
approval.
• 5. Provide written response to the attached City Engineer's Montreal Place Preliminary Plan
Review dated March 4, 2010, with final construction plan submittal.
6. Pond on Outlot B must be sized for platted area. (See Montreal Place Preliminary Plan
review dated March 4, 2010)
7. A Subdivision Agreement must be executed prior to filing of the final plat.
Mr. Czmowski made a motion to close the hearing. Seconded by Mr. Johnston the hearing
closed at 5:58 p.m. Mr. Czmowski made a motion to recommend approval of the request with
staff recommendations 1 -7. Seconded by Mr. Kovacic, the motion carried unanimously.
Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their
meeting held March 23, 2010, in the Council Chambers at 5:30 p.m.
5. NEW BUSINESS
6. OLD BUSINESS
COMMUNICATION FROM STAFF
a) SET MAY 18, 2010, VARIANCE WORKSHOP
Ms. Baumetz stated Mr. Jed Burkett, LMC, will be available to provide a workshop on May 18`"
We could invite others such as the City Council members also.
• b) Ms. Baumetz commented on two annexations - 5.6 acres owned by the Hutchinson EDA and
36 acres owned by Hazel Sitz.
c) Mr. Plotz commented on the planning position and process for interviewing planners.
l � (C-)
Minutes
Planning Commission — March 16, 2010
w 4
8. ADJOURNMENT
There being no further business the meeting adjourned at 6:15 p.m. Motion by Mr. Johnston,
second by Mr. Kovacic.
•
•
• MINUTES
HUTCHINSON AREA JOINT PLANNING BOARD
Wednesday, February 17, 2010
Hutchinson City Council Chambers
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Jim Lauer at 5:30 p.m. with the following members
present: Tom Wirt, Larry Karg, Grant Knutson, Garrett Luthens, Jim Haugen and Chairman Lauer.
Absent: Also present: Larry Gasow, McLeod County Zoning Administrator, Gary Plotz, City
Administrator, Marc Sebora, City Attorney, Marc Telecky, McLeod County Assistant Zoning
Administrator and Bonnie Baumetz, Planning Coordinator
2. APPROVAL OF MINUTES
a) Consideration of Minutes dated September 16, 2009.
Mr. Wirt made a motion to approve the minutes of September 16, 2009. Seconded by Mr. Karg
the motion carried unanimously.
:. PUBLIC HEARINGS
4. NEW BUSINESS
a) CONSIDERATION OF A TWO LOT SKETCH PLAN SUBMITTED BY SCOTT CRIPPS, 20100
RAVEN AVE., HUTCHINSON TOWNSHIP
Mr. Gasow explained that Mr. Scott Cripps has submitted a sketch plan for a two lot split to
create a two lot subdivision within Lot 4 Auditor's Plat in Hutchinson Township. He stated the
existing zoning is agricultural and the lot is an oversized residential lot. There are residential
homes and City of Hutchinson adjacent to the property. He explained the present home and
septic were built in 2003. This application meets the McLeod County Comprehensive Land Use
Plan. Mr. Gasow explained the quarter - quarter has six existing residences. This split will
become the seventh residence which will keep it zoned agricultural. He stated more than eight
residences is the threshold for rezoning to residential in the Joint Planning Area. Staff has
concerns with potential low lying areas to the southerly portion of the property. The McLeod
County Environmentalist and a septic contractor completed soil borings last fall within the
proposed lot area. Initial findings would support a septic system but the environmental services
will have an opinion prior to the preliminary plat application date. He explained the best location
for the new home. Mr. Cripps explained his proposed location of the home. Mr. Gasow
commented on setbacks. He explained soil boring locations should be placed on the
preliminary plat along with locating the site on the plat and easement over future septic.
Discussion followed on the need to ghost plat with the wetlands in the area. There was also
. discussion on the direction of the run off. Mr. Cripps explained the size of each lot and the
location of the building.
Staff would recommend approval with the following conditions:
1. The new access must be from Raven Avenue. I I W)
Minutes
Joint Planning Board — February 17, 2010
fe 2
2. An opinion by environmental services regarding septic system support on the property must
be provided prior to the preliminary plat application date of March 17, 2010.
3. Soil boring locations must be placed on the preliminary plat.
Mr. Wirt made a motion to approve the request with staff recommendations. Seconded by Mr
Knutson, the motion carried unanimously. Mr. Gasow stated this item would be forwarded to
the County Board and placed on their consent agenda March 2, 2010 .
5. OLD BUSINESS
6. COMMUNICATION FROM STAFF
7. ADJOURNMENT
There being no further business Mr. Haugen moved to adjourn. Seconded by Mr. Luthens, the
meeting adjourned at 5:43 p.m.
is
I � w)
RA
• Hutchinson Housing &
Redevelopment Authority
Regular Board Meeting Tuesday, March 16, 2010 7:00 AM
Minutes
1. CALL TO ORDER: Chairman Joel Kraft called the meeting to order. Members Present: Becky
Felling, LaVonne Hansen and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming.
2. MINUTES OF THE HRA BOARD MEETING ON FEBRUARY 16, 2010
LaVonne Hanson moved to approve the Minutes as written. Ruth Kimball seconded and the motion
carried unanimously.
3. FINANCIAL REPORTS
Becky Felling moved to approve the City Center General Fund payments of $19,846.52 for checks
7557 to 7571 and January and February 2010 Financial Statements and Park Towers payments of
$53,677.19 for checks 11057 to 11091 and January 2010 Financial Statements. Ruth Kimball
seconded and the motion carried unanimously.
4. PARK TOWERS UPDATES
a. Jean Ward reviewed with the Board the change in 2010 Operating Fund Formula and the affect on
the 2010 Park Towers budget.
b. Jean Ward informed the Board that she is working with Heartland Community Action Agency to
determine if Park Towers is eligible for weatherization stimulus money for an energy audit and
energy improvements.
c. Becky Felling moved to approve to pay for no more than half the cost for the request for a
reasonable accommodation for an automatic apartment door opener.
5. 2009 HUTCHINSON HRA YEAR END REPORT
Jean Ward reviewed with the Board the 2009 Hutchinson HRA Year End Report.
6. ENERGY REBATE PROGRAM UPDATE
Judy Flemming updated the Board on the citizen interest in the program.
7. 2009/2010 SCHOOL CONSTRUCTION HOUSE UPDATE
a. Jean Ward reviewed with the Board the CRV Budget for 1116 Lewis Avenue
b. Jean Ward also updated the Board on the possible next school project. It looks like a private entity
is interested in purchasing the property at 400 Lynn Road, so she will have to keep looking for
another property.
8. OTHEWFYI:
a_ 2008, 2009, 2010 Foreclosure Reports cross referenced with utility (gas, electric or water) shut
offs as of March, 2010.
b. 2010 Foreclosure Sale Report
c. March 1, 2010 Planning Staff Meeting Agenda
9. ADJOURNMENT
There being no other business, Chairman Joel Kraft declared the meeting adjourned.
• Recorded by Jean Ward, HRA Executive Director
March 16, 2010 Minutes
Secretary /Treasurer
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