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cp06-26-2007 c . AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 26, 2007 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Howard Anderson, Hunter's Ridge Community Church 3. PLEDGE OF ALLEGIANCE . PROCLAMATION DECLARING JULY 17,2007, AS DOMESTIC VIOLENCE AWARENESS DAY IN THE CITY OF HUTCHINSON 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JUNE 12,2007 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM MAY 17,2007 _. . . 2. HUTCHINSON POLICE COMMISSION MINUTES FROM JUNE 12,2007 3. PLANNING COMMISSION MINUTES FROM MAY 15,2007 4. CITY OF HUTCHINSON FINANCIAL REPORT FOR MAY 2007 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13224 - RESOLUTION IN SUPPORT OF PAVING LUCE LINE TRAIL 2. ORDINANCE NO. 07-0461 - AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS LOCATED BETWEEN LOTS 20 AND 21, BLOCK 1, STONEY POINT ADDITION (SECOND READING AND ADOPTION - FIRST READING HELD MARCH 27, 2007) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION FOR APPROVAL OF LOT SPLITS AT 1170 AND 1180 BLUEJA Y DRIVE SW IN RA VENWOOD WEST WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13225 & 13226) 2. CONSIDERATION FOR APPROVAL OF LOT SPLIT FOR A LOT LINE ADJUSTMENT BETWEEN 1350 AND 1360 JEFFERSON STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13227) 3. CONSIDERATION FOR APPROVAL OF CONDITIONAL USE PERMIT REQUESTED BY PROVESTA FOR CONSTRUCTION OF A BUILDING ADDITION AT 35 ADAMS STREET NE CITY COUNCIL AGENDA -JUNE 26,2007 . WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13228) 4. CONSIDERATION FOR APPROVAL OF PRELIMINARY AND FINAL PLAT FOR HAHN'S ADDITION TO MARYVIEWLOCATED AT 880 LAKEWOOD DRIVE SWSUBMITTEDBYVERN HAHN WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13229) 5. CONSIDERATION FOR APPROVAL OF ZONING ORDINANCE AMENDMENT TO ADD SOLAR STRUCTURES AND WIND ENERGY CONVERSION SYSTEMS AS EXCEPTIONS TO HEIGHT LIMITATIONS WITH FAVORABLE PLANNING COMMISSION RECOMMENDA TION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 07-0465 FOR JULY 10,2007) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM 3.2 MALT LIQUOR LICENSE FOR RC PROMOTIONS ON JULY 13 & 14, 2007, AT MCLEOD COUNTY FAIRGROUNDS (TRACTOR PULL) (e) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION POST 96 ON JULY 7, 2007, AT THE MCLEOD COUNTY FAIRGROUNDS (f) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.7, LETTING NO. 2fPROJECT NO. 06-02 (WATER TREATMENT PLANT) (g) CONSIDERATION FOR APPROVAL OF AMENDMENT NO.1 TO MNfDOT COOPERATIVE AGREEMENT NO. 88803-R FOR SCHOOL ROAD PEDESTRIAN UNDERPASS CONSTRUCTION (h) CONSIDERATION FOR APPROVAL OF ITEMS FOR OLD ARMORY DUMP SITE CLOSURE (i) CONSIDERATION FOR APPROVAL OF AN AMENDMENT TO THE DESIGN SERVICES . AGREEMENT WITH DONOHUE & ASSOCIATES, INC. FOR THE W ASTEW A TER TREATMENT FACULTY IMPROVEMENTS (LETTING NO.4, PROJECT NO. 07-04) (j) CONSIDERATION FOR APPROVAL OF CELLULAR PHONE SERVICE PROVIDER CHANGE (k) CONSIDERATION FOR APPROVAL OF ENTERING INTO GRANT AGREEMENT WITH THE STATE OF MINNESOTA FOR W ASTEW A TER TREATMENT PLANT IMPROVEMENTS Action - Motion to approve consent agenda 7. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF AMENDMENT TO ORDINANCE NO. 07-0464 - AMENDMENTS TO AN ORDINANCE ESTABLISHING THE PUBLIC ARTS COMMISSION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JULY 10, 2007) Action - Motion to reject - Motion to approve 8. COMMUNICATIONS, REOUESTS AND PETITIONS (a) PRESENTATION OF AWARD FOR THE WATER TREATMENT PLANT CONSTRUCTION (LETTING NO.4, PROJECT NO. 07-04) Action - 9. UNFINISHED BUSINESS . 2 CITY COUNCIL AGENDA - JUNE 26, 2007 10. NEW BUSINESS . (a) UPDATE ON HWY 7 CORRIDOR STUDY AND INFORMATION FROM OPEN HOUSE No action. (b) PRESENTATION BY CITY ATTORNEY MARC SEBORA ON PROPOSED ORDERL Y ANNEXATION AGREEMENT WITH AREA TOWNSHIPS Action - (c) DISCUSSION OF THE U.S. MAYORS CLIMATE PROTECTION AGREEMENT No action. 11. MISCELLANEOUS (a) COMMUNICATIONS 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13. ADJOURN . . 3 PROCLAMATION WHEREAS, the impact of domestic violence is wide-ranging, directly affecting individuals in this community, as well as throughout Minnesota, the United States and the World; and WHEREAS, From July 2005 to June 2006, McLeod Alliance for Victims of Domestic Violence served 294 victims of domestic violence. 188 of these were new clients, 19 were men and 15 were teens; and WHEREAS, MA VDV, Inc. provided legal advocacy 275 times; 33 of which were children; and WHEREAS, In 2005, law enforcement in McLeod County responded to approximately 268 "domestic" calls. WHEREAS, During 2005, at least 26 women and 4 children were killed as a direct result of domestic violence in Minnesota, at least 2 friends or family members were murdered in domestic violence related situations and 18 children have been left without a mother; and WHEREAS, Nationally, each year an estimated 8.8 million children are exposed to violence by family members and 90-95% of domestic violence victims are women and children; and WHEREAS, Nationally, each year, medical expenses from domestic violence total at least $4 to $5 billion. Businesses forfeit another $100 million in lost wages, sick leave, absenteeism and non-productivity NOW THEREFORE, I, STEVEN W. COOK, Mayor of the City of Hutchinson, do hereby proclaim that July 17, 2007 shall be observed as: "Domestic Violence Awareness Day in the City of Hutchinson" IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of June, 2007. Steven W. Cook, Mayor City of Hutchinson, Minnesota :3 . MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 12,2007 1. CALL TO ORDER - 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Bill Arndt, Jim Haugen, and Casey Stotts. Member absent was Kay Peterson. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, CIty Attorney. 2. INVOCA nON - Rev. Howard Anderson, Hunter's Ridge Community Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Deb Anderson, 1830 West Shore Drive, presented before the Council. Ms. Anderson asked that City ordinance 72.06 be enforced more diligently. This ordinance relates to semi-truck parking (10,000 pounds gross vehicle weight). Ms. Anderson stated that there has been a semi-tractor trailer parked in her neighborhood for months and she feel this is a serious safety issue. City Attorney Marc Sebora noted that he has spoken with the police chief and he will speak to him again to ensure that the ordinance is enforced. 5. MINUTES (a) REGULAR MEETING OF MAY 22, 2007 Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. . .. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 17,2007 2. HUTCHINSON AIRPORT COMMISSION MINUTES FROM MARCH 15, 2007 AND APRIL 19, 2007 3. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES FROM MARCH 5, 2007, AND APRIL 2, 2007 4. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM MARCH 26, 2007 5. FIRE DEP ARTMENT MONTHLY REPORT FOR MAY 2007 6. BUILDING DEP ARTMENT MONTHLY REPORT FOR MAY 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13221 - RESOLUTION IN SUPPORT OF A 2007 SPECIAL LEGISLATIVE SESSION TO CONSIDER THE OMNIBUS TAX BILL 2. RESOLUTION NO. 13222 - RESOLUTION FOR PURCHASE (CUSTOM PLAY STRUCTURE) 3. RESOLUTION NO. 13223 - RESOLUTION SUPPORTING THE EFFORTS OF THE CITY OF GLENCOE IN THEIR ATTEMPT FOR INCLUSION OF THE NPIAS FOR THE EXPANSION OF VERNON PER SCHAU FIELD TO REGIONAL AIRPORT STATUS 4. ORDINANCE NO. 07-0463 - AN ORDINANCE ADDING LANGUAGE TO THE WIND ENERGY CONVERSION SYSTEM (SECOND READING AND ADOPTION) AND APPROV AL TO PUBLISH SUMMARY ORDINANCE 5(6\) CITY COUNCIL MINUTES - JUNE 12, 2007 (c ) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE ON SEPTEMBER 15, . 2007, FOR HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION (d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO.3, LETTING NO. 12, PROJECT NO. 06-14 (WASTEWATER ADMINISTRATION BUILDING EXPANSION) (e ) CONSIDERATION FOR APPROVAL OF EASEMENTS FOR MONTANA STREET NW EXTENSION PROJECT - LETTING NO. 1 NPROJECT NO. 06-0IA (f) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR JAY MALONE MOTORS IN THE HUTCHINSON MALL PARKING LOT FROM JULY 23 - SEPTEMBER 29, 2007 Items 6(b) 1, 6(b )2, 6(b)3 and 6(f) were pulled for separate discussion. Motion by Haugen, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b) 1 had further discussion. Mayor Cook suggested tabling this item until after the sales tax presentation later in the evening. Motion by Arndt, second by Haugen, to table this item until after the local sales tax presentation. Motion carried unanimously. Item 6(b)2 had further discussion. Mayor Cook asked DolfMoon, PRCE Director, to speak briefly about the playground that is going to be constructed in the Rolling Meadows development. Mr. Moon stated that approximately $10,000 was set aside in the general fund budget to construct this playground in the area. An organization, Mother Of PreSchoolers (MOPS), afProached him and have begun fundraising to increase the funding for the playground structure. MOPS' goa IS to raise $15,000 so that a more enhanced structure can be constructed. Mr. Moon also noted a disc golf course has been created in South Park and a private individual has been seeking donations to enhance the course. . Motion by Arndt, second by Stotts, to approve Item 6(b)2. Motion carried unanimously. Item 6(b)3 had further discussion. John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that this Resolution is at the request of the City of Glencoe. Glencoe is applying to be included into NPIAS for their airport, which ultimately allows for more funding. Motion by Stotts, second by Haugen, to approve Item 6(b)3. Motion carried unanimously. Item 6(f) had further discussion. A repregentative from Jay Malone Motors asked that the license become effective July 1 st as compared to July 23' as previously requested. Motion by Arndt, second by Stotts, to approve Item 6(f) with the effective date being July 1, 2007. No zoning issues are at hand. Motion carried unanimously. 7. PUBLIC HEARINGS - 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2007 PAVEMENT REHABILITATION PROGRAM - LETTING NO.5, PROJECT NO. 07-05 (ADOPTING ASSESSMENT ROLL, ACCEPTING BID AND A WARDING CONTRACT) . Kent Exner, City Engineer, presented before the Council. Mr. Exner noted the streets that will be included for pavement rehabilitation in this project. The lowest bid came in from William Mueller & Sons with an amount of $319,939.35. The City will be paying for 50% of the pavement rehabilitation and draintile installation costs. The residential street property owners' assessments are projected to range from $1500- 2 5(~) CITY COUNCIL MINUTES - JUNE 12, 2007 . . $3600. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Arndt, to approve items for 2007 Pavement Rehabilitation Program. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF PROPOSAL OF THE CITY OF HUTCHINSON TO ENLARGE DEVELOPMENT DISTRICT NO.4 AND ADOPT A MODIFICATION OF THE DEVELOPMENT PROGRAM THEREFORE, ESTABLISH TAX INCREMENT FINANCING DISTRICT NO. 04-15 (AN ECONOMIC DEVELOPMENT TAX INCREMENT FINANCING DISTRICT) THEREIN, AND ADOPT A TAX INCREMENT FINANCING PLAN FOR SAID DISTRICT Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that \t1e EDA Board has had the vision to create an EDA spec building. The EDA currently has two lots on 5 Avenue near the Cenex elevator which has been proposed for the spec building. A localrrivate company has stepped forward and offered to pay for 40% of the building with them being housed III that portion of the building and the remainder ofthe building being rented out as the spec facility. Mr. Seppelt explained that the TIF fund will be used to finance site improvements, parking lots, footings, etc., which totals approximately $200,000. The district would be set up for nine years. The tenant in the spec building will pay a regular rent amount, as well as pay the property taxes. The request is to adopt the TIF plan and modify TIF District No. 4 by adding TIF DistrIct No. 04-15. Mr. Seppelt explained that the bond will be developed to allow one year of no payments. If no renter is in the spec building, the EDA will be responsible to cover the costs. Jack Yates, 20404 205th Court, presented before the Council. Mr. Yates noted that the proposed driveway is currently on the property line. Mr. Seppelt noted that there has been discussion that the driveway will be shared in future development. Motion by Arndt, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Arndt, to approve Modification to the Development Program for Development District No.4 and the Tax Increment Financing Plan for the establishment of Tax Increment Financing District No.4-IS (an economic development district) with Development District No.4. Motion carried unanimously. 8. COMMUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION OF FIRST AVENUE SE CLOSURE DURING FARMERS' MARKET AND OTHER EVENTS-BRYCEGRUNDAHL . Bryce Grundah1, 101 Park Place, presented before the Council. Mr. Grundahl noted that he, as a business owner at the corner of Main Streetf1 st Avenue SE, has some concerns about street closure during the Farmers' Market. Mr. Grundahl noted that other business owners in the building also have concerns about street closure. Mr. Grundah1 noted that he does not wish for the Farmers' Market to necessarily move, but to allow for First Avenue to be open during normal business owners. He suggested adjusting the hours of the Farmers' Market. He voiced other issues that have occurred due to the street closure. Mayor Cook su~gested moving the Farmers' Market to the parking lot behind 101 Park Place instead of housing it on 1 Avenue SE. He suggested placing it where the proposed pavilion intends to be. Staff indicated that they will take measures to address this issue in the very near future. (b) PRESENTATION BY LOCAL SALES TAX REVIEW COMMITTEE Jack Yates, Local Sales Tax Review Committee, presented before the Council. Mr. Yates provided a presentation of the work that has been done by the Local Sales Tax Review Committee. Their work included 3 5C~) CITY COUNCIL MINUTES - JUNE 12, 2007 . . studying other cities that have a local option sales tax and the projects they have used the funds for. The Committee realized that, using the Dept of Revenue' s numbers from 2003-2005, approximately $1.3 - 1.5 million/year could be generated. The recommendation of the committee is that a local option sales tax would be an excellent funding mechanism for the city. Mayor Cook then revisited Item 6(b) 1. It was noted that a moratorium on local option sales taxes until December 31,2010, was partofthe Omnibus Tax Bill that was vetoed by the governor. Also included in the Omnibus Tax Bill was new funding for local government aid. However, since the bill was vetoed, many cities will actually see a reduction in LGA and Hutchinson will see a reduction of about $207,000. Mayor Cook noted that if a special session takes place, the LGA funding will probably be restored, but we risk the possibility of the local sales tax moratorium. Motion by Stotts, second by Haugen, to approve Item 6(b) 1. Motion carried unanimously. (c) DISCUSSION OF CITY-WIDE LIGHT TRAFFIC PLAN DEVELOPMENT John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that over the last 10 years, several miles of sidewalk/trail have been added, upgraded or improved. There is a network of 53 miles of sidewalk/trail within the city. Improvements have also been made to streetscape and decorative sidewalks. City staff is recommending that the Resource Allocation Committee review a draft light traffic plan to address issues related to long-term maintenance, funding improvements and maintenance, projects providing logical links and winter maintenance. Once a plan has been developed, the Resource Allocation Committee will present it to the City Council. (d) REVIEW OF SEH GENERAL ENGINEERINGfPUBLIC WORKS SUPPORT SERVICES Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that earlier this year, the Council approved hiring SEH Engineering for a minimum amount of hours. Approximately 10 hours have been used over the last four months. Most of the issues have been dealt with by John Rodeberg and have been item-specific. Mr. Exner explained that a report will be provided to the Council every three to four months. 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF UNIFORM DATE FOR EMPLOYEE PERFORMANCE INCREASE IMPLEMENTATION FOR 2008 AND CONSIDERATION OF AMENDMENT TO CITY POLICY NO. 3.08 . Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing noted that employees currently have performance appraisals on or about their anniversary date. Staff is suggesting moving performance appraisals to a uniform date by having performance appraisals completed by the end of the first quarter for all employees. This will allow the goals of the department and all employees within the department to be better coordinated and coincide with the current budget/calendar year. By moving the performance appraisal dates to a uniform date, it is perceived that it will be more efficient administratively as well. One byproduct of this transition is that those employees with anniversary dates in the first quarter of 2008 could experience a loss in compensation due to the new implementation date. Mayor Cook was concerned that some employees with later anniversary dates would essentially receive extra pay while some with earlier anniversary dates would see a loss. He suggested that staff look at other ways to address those concerns. Mayor Cook also noted that at the time of the adoption of the 2007 budget, it was noted that the performance pay plan would be reviewed as part of the adoptIOn ofthe 2008 budget. Because this item relates to the pay plan, he suggested tabling it until the pay plan can be reviewed for possible modification and both be done together.. Motion by Stotts, second by Cook, to table this item to allow for review of the 2008 pay plan. Motion carried unanimously. 4 6(01) CITY COUNCIL MINUTES - JUNE 12, 2007 . (b) CONSIDERATION FOR APPROVAL OF RESOLUTION FINDING BUILDINGS STRUCTURALLY SUBSTANDARD (CENEX PROJECT) AND THEREFORE QUALIFY FOR DESIGNATION AS A REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT Miles Seppe1t, EDA Director, presented before the Council and noted that tpe EDA Board is hoping to acquire the property where the Cenex fertilizer plant is located currently on 3 ' Avenue NW. The building inspector and other authorities have noted that the current structures are substandard. This designation would allow for redevelopment reimbursements at a later date if the site is designated as a redevelopment tax increment financing district. Mayor Cook noted that he feels the establishment of a TIF district should be utilized as a last resort and the property should have a chance to be marketed to private developers. Mayor Cook recommended allowing the EDA to make the substandard designation instead of the City Council in this particular instance. Motion by Arndt, second by Haugen, to refer this item to the EDA for consideration of such designation. Motion carried unanimously. 11. MISCELLANEOUS (a) COMMUNICATIONS Marc Sebora - City Attorney Sebora noted that NAP A, located on 4th A venue, is holding a monster truck demonstration this Friday and is requesting use of city property for the demonstration. Insurance and other issues have been addressed. . Motion by Haugen, second by Arndt, to approve the use of the bass pond area near NAP A to demonstrate a monster truck. Motion carried unanimously. . Bill Arndt - Council Member Arndt asked for support of the Luce Line Trail. A Resolution will be forwarded to the legislature in the near future. Marc Sebora, City Attorney, will draft a Resolution for the Council's consideration within the new few weeks. Council Member Stotts noted that work is also being done to allow A TV s on the trail as well. Gary Plotz - Mr. Plotz updated the Council on the hospital privatization project. He noted that there are some revisions being made to the documents. When those are agreed upon, the topic will be brought forward to the Council for consideration. The earliest that it will be considered is July 10, 2007. Kent Exner - Mr. Exner noted that last week he and other representatives of the Hwy 15 Corridor group met in Washington D.C. at the transportation fly-in. The hope is thatthe Coalition will be receiving $lmi1hon in federal funding. Mr. Exner also updated the Council on the Hwy 7 project and the Crow River Dam Reconstruction project. Mayor Cook - Mayor Cook asked if the Council wishes to have a workshop to discuss the budget with the risk of the city losing $200,000 in local government aid. Mayor Cook also requested that the city attorney make a presentation to the Council at the next meeting in regard to the proposed orderly annexation agreement since there are potential issues with the current proposal. Motion by Stotts, second by Arndt, to set June 26, 2007, at 4:00 p.m. to discuss budget parameters. Motion carried unanimously. 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Haugen, second by Cook, to approve claims, appropriations and contract payments. Motion carried unanimously. 13.ADJOURN . Motion by Stotts, second by Arndt, to adjourn at 7:40 p.m. Motion carried unanimously. 5 5C~) . . . PIONEERLAND LffiRARY SYSTEM BOARD May 17, 2007 Meeting Minutes Willmar Public Library Multipurpose Room 1.. Call to Order. The May 17, 2007 meeting of the Pioneerland Library System Board was called to order by Chair Paul Setzepfandt at 7:30pm. II. Roll was taken and there was a quorum. III. Approval of Agenda. Dille requested that a section E be added to Committee Reports. Three items needed action: the Interlibrary loan policy, the IntraIibrary loan policy, and the Confidentiality of Patron data. Also, the revised Collection Development Policy manual was to be read for the first time. Wilde motioned for approval of the agenda as amended, Schweiss seconded. Passed. IV. Approvalofminutes. Wangerin motioned and Fagnano seconded for approval of April 19th minutes. Passed. V. Audit Report. Van Buren reported that the opinion of the auditor was that PLS conformed VYith USA 'accounting standards. Highlights of the report were discussed: comparative financial an:liysis (pA), summary of revenue (p.5), revenue sources (p.6), government fund balance sheet (p.IO), statement ofrevenuefexpenditures (p. 12), noted that there was $153,000 more in revenue than expenditures (p.l3), budget comparisons (pp 15-16), and independent community fund balances (pp22-23). No questions were presented to the auditor. McKim motioned to accept the audit. Wangerin seconded. Passed. VI. Committee Reports I. Finance. a. Wangerin motioned and Wilde seconded that the April financial report be approved. Passed. b. Wangerin motioned and Reigstad seconded for the approval of the bills and check registers. Passed. c. 2008 Budget. Hou1ahan handed out an infommtional sheet on 2008 budgets. d. Automation costs are being revised by a committee and will be brought fomard when completed. e. Computer replacement costs are being revised by a committee and will be brought forward when completed. f. 'VIeals/mileage policy. Policy has had its first reading. Wangerin motioned for approval and Re:gstad seconded. Passed. g. Appletree' S Agreement Addendum. Wangerin motioned and Setzepfandt seconded the addendum which a1iows PLS checking other insurance companies for bids at any time. Dis,ussion followed on the history of Appletree and our inability to check other companies. Passed. 2. Personnel a. 'Jew hires. Reigstad motioned and Schweiss seconded the approval of two new employees: Sar2. The1e-Glencoe @ Lib. Asst 1, and Jonathan Boesche-G1encoe @Lib Asst. I. Passed. b. Library Assistant IV job description. Reigstad introduced the new job description and exr ~:llned the reason for it. Because libraries are combining and head librarians oversee multiple libr.Jies, the person just below the head librarian may assume more duties than the current job des,ription lists. The new library assistant IV job description should cover those additional dut:;;s. There was also discussion on: budget concerns, and qualifications.. The job description wi[ be sent to the finance committee for a pay grade. c. Sick Leave (non-union) retirement policy. First reading was given to a slight change in the sick leave (non-union) retirement policy. Upon retirement, if sick leave funds are less than $500, (p C ~) \ . . . the employee would have the choice of a payout or putting the amount into a medical savings account. 3. Technology Committee-Dilley introduced the Technology Plan prepared for the State of Minnesota and due July 1 "'.. PLS also uses this plan for goals and vision. The plan will be acted upon at the next meeting. At this time, the Interlibrary Loan Policy was motioned for approval by Dille; seconded by Reigstad. Passed. The IntraIibrary Loan Policy was motioned for approval by Dille; seconded by McKim. Passed. The Confidentiality of Patron Data Policy was motioned for approval by Dille; seconded by Schweiss. Passed. 4. Strategic Planning Committee for the FY 08-FYIO Plan. Sandberg discussed the plan: sununary of mission and values, the tables of geographical census data, the summary of accomplishments, and the goal and activities for FY08-FYIO. 1bis plan should tie into the Technology Plan. We should keep this plan in front of us as we go through the years. 5. Collection Development Manual-Revised. Dille introduced the newly revised manual and highlighted the different sections. It was noted that Appleton was listed in the wrong size category. A question was raised on the category qualifications. Vll. Old Business. None VIII. New business. Board members that attended a meeting on the changes in the Joint Powers Agreement commented on the information gained at the meeting. Changes in the state law charge that legal rights to sue be limited to one entity. Stacking liability is no longer legal. The PLS Board should check their JP A Agreement to verify that it is properly drawn. Board members must be duly appointed by their city councilor county. IX. Director"s Report. Houlahan requested that the board approve the four year extension of the Gateway Server contract. From this agreement, annual funds of $4300 ,,~Il be realized. Wangerin motioned and Over1ander seconded. Passed. Houlahan reported that the MN House and Senate agreed on the increase of funds for regional libraries. He wanted to thank Sen. Dille and the county commissioners for their wor1<. The Senate had suggested a $300,000 increase for libraries.whi1e the House moved for a $5 million increase. Both houses agreed on the higher amount. It is part of the KI2 bill. Spicer Public Library is expanding from 2800-5000 square feet. Groundbreaking will begin in September. X. Schweiss moved for adjournment at 8:38pm. Setzepfandt seconded. Adjourned. Respectfully submitted Jean Holies Clark 12CCA) \ . . . Hutchinson Police Commission Minutes The Hutchinson Police Commission held a meeting on Tuesday, June 12, 2007, at the Hutchinson Emergency Operation Center. Present at the meeting were Barry Anderson, Mark Jelkin. Tom Schwartz, and Chief Daniel Hatten. The meeting was called to order at 4:34 p.m. Chairperson Barry Anderson asked if there were any changes to the minutes from the last meeting. With there being none, a motion was then made by Mark Jelkin, seconded by Tom Schwartz, to approve the minutes. Motion carried. Chief Hatten then updated the Commission with regard to the status of the part-time police officer selection process. He stated that the department had received 81 applications and that 51 had responded to the letter for testing. Once the testing was complete applicants would then be asked to come in for an oral interview. After some discussion a motion was made by Tom Schwartz, seconded by Mark Jelkin, to limit the number of applicants interviewed to 40. Motion carried. Hatten stated that the Commission would be advised as to the dates of times the interviews are to occur. The final review of the Rules and Regulations was tabled until the next meeting due to the fact that the Commission did not have the latest redline I strikeout copy. With there being no further business to discuss, a motion was made by Tom Schwartz, seconded by Mark Jelkin, to adjourn the meeting. Motion carried. Time of adjournment was 5:18 p.m. Next Meeting to be held on July 24, 2007 at 4:30 p.m. (NOTE change in date and time from regular schedule) lee IX )2.. . MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 15, 2007 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Lynn Otteson at 5:30 p.m. with the following members present: Christie Rock, John Lofdahl, Jim Haugen, Lynn Otteson, Mike Flaata, Chris Kovacic and Chairman Otteson. Absent: Farid Currimbhoy Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated April 17, 2007 Mr. Flaata moved to approve the minutes of April 17, 2007, as submitted. Seconded by Ms. Rock. The minutes were approved unanimously. . 4. PUBLIC HEARINGS a) VARIANCE TO REDUCE CORNER SIDE AND FRONT SETBACKS FOR ADDITION TO HOUSE LOCATED AT 447 ERIE STREET S.E. Chairman Otteson opened the hearing at 5:33 p.m. with the reading of publication #7583 as published in the Hutchinson Leader on May 3, 2007. Ms. Bowers commented on the request and noted there will be two additions to the non-conforming house needing a variance. She explained the setback requirements of 25 feet. The house is approximately 17 feet from the south and west property lines. She commented on the need for the additions to improve the flow of the house. She stated the proposed garage will not need a variance if located as shown on the present survey. Ms. Bowers reminded the commissioners to consider the standards for granting a variance including undue hardship and a reasonable request. She stated this is a reasonable request. Staff recommends approval with the following recommendations: . 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the corner lot 0(0.)3 Minutes Planning Commission - May 17, 2007 Page 2 3. with large boulevards and the lack of adequate room to construct any addition to improve the entrances to home within the current setbacks. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality. Impervious surface coverage must not be more than 50% of the lot area. The applicant should be aware of the coverage maximum in considering future improvements into their plans. Any relocation of gas or electric service will be at the property owner's expense. . 2. Dave Mielke, 447 Erie Street S.E., commented on the coverage being less than 50%. He stated he will remove the existing garage and replace with a retaining wall. He commented on the other houses' setbacks. He noted the home was built in the late 1940's. Mr. Mielke explained the present and future layout of the home. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Flaata, The hearing closed at 5:40 p.rn. Mr. Flaata made a motion to recommend approval of the request with staff recommendations with the stated hardship of the large boulevards and no regulations when the house was constructed. Seconded by Mr. Haugen. The motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held May 22, 2007 in the Council Chambers a15:30 p.m. . b) VARIANCE TO REDUCE CORNER SIDE SETBACK FOR REPLACEMENT OF GARAGE AND EXISTING PORCH LOCATED AT 447 HURON STREET S.E. Chairman Otteson opened the hearing at 5:41 p.m. with the reading of publication #7583 as published in the Hutchinson Leader on May 3,2007. Ms. Bowers explained the request stating a variance is required for the proposed garage and to replace an existing non-conforming porch. She reported this request is similar to the previous request. She explained this property has a non-conforming house and garage. A variance is needed along the southern property line. She stated the driveway for the new garage will be from the alley. Ms. Bowers reported staff recommends more than a 3 foot setback for the garage and she commented reasonable requests and undue hardship. Staff recommends approval with the following recommendations: . 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the existing nonconforming setback and large boulevards. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality. 2. Lot must not cover more than 50% with impervious surface. LaCC'-)3 Minutes Planning Commission - May 17, 2007 Page 3 . 3. The porch shall not encroach into the right of way and no overhangs or steps are permitted into the right of way. 4. Any relocation of gas or electric service will be at the property owner's expense. 5. Plans shall be revised to provide a 10' corner side yard setback to the garage, rather than the 3' requested, prior to issuance of a building permit. 6. The existing garage must be removed prior to construction of the new garage on site. Discussion followed on the existing cement area. Ms. Bowers stated they will be removing some of the concrete for backyard area and keep access on 5th but reduce the concrete size. The garage driveway will be from the alley. Discussion followed regarding the porch overhang not to be encroaching over the right of way. Mr. Brown, property owner, explained the need to create a private backyard space. He explained he will change the entrance to the porch to come in from the east and eliminate the south sidewalk to the porch. The new garage will have a cement driveway from the alley. . Mr. Lofdahl made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 5:50 p.m. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations noting the hardship meets hardship standards and previous decisions. Seconded by Mr. Haugen, the motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held May 22, 2007, in the Council Chambers at 5:30 p.m. c) CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT AND SEVEN LOT SPLITS LOCATED IN KOTTKE COURT SUBMITTED BY HAGEN BUILDERS Chairman Otteson opened the hearing at 5:52 p.m. with the reading of publication #7583 as published in the Hutchinson Leader on May 3, 2007. Ms. Bowers commented on the request to amend the planned development district and split the seven lots for twin home development in a previously platted subdivision by another developer. The present owner is requesting a new housing style. She explained all lots will be split at one time. She explained the revisions to the set backs. She stated the setbacks are measured to the unit lot not the curb. The houses will be 25 feet to the street. She commented on the changes in the previous recommendations. There is a small area between the retaining wall and the building for drainage purposes. If a swale is not feasible, draintile inlets or piping must be used. Staff recommends approval with the following recommendations: . lo(V\)3 Minutes Planning Commission - May 17, 2007 Page 4 . 5. 6. 7. 8. 9. . . 1. The setbacks for the development shall be 10 feet from the front lot line, 8' from the rear lot line, and 6' from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50' structure setback is required from the ordinary high water level. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. Applicant shall revise the grading plan to identify the descriptions of the common areas to include the correct lot and block descriptions, rather than as outlots A & B as shown on the grading plan. No decks, porches, or patios will be allowed outside the unit lots on lots 1 and 2 to allow property drainage along the wall. Grills will not be allowed where there is a roof above the open deck area. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. All conditions of the Preliminary and Final Plat shall remain in effect, unless specifically revised by resolution. 2. 3. 4. Discussion followed of the drainage needs in a tight area. Mr. Exner commented on the boulder retaining wall. His recommendation is a tile with inlets. Ms. Bowers stated the plan has not changed. Mr. Exner stated the drainage must be provided to staff. There was discussion on the lots being less than 5000 sq. ft. Ms. Bower explained that was part of the original PDD. She stated there is sufficient area in the total development. Mike Hagen, Hagen Builders, clarified the drainage issue 5-6 feet from lot line to the face of the wall. They are planning on using tile with inlets to take water to the back. Mr. Hagen explained the house design may be changed and they will maintain the setback. Discussion followed on the possibility of meeting the setback with a different house plan There was also discussion on the use of Outlot B and the uses allowed. Mr. Hagen asked for an explanation of number 7. Ms. Bowers stated the other subdivisions in the area have the same requirements to disclose to buyers the City owned activities across the river that could create noise and odor. Mr. Hagen explained the four back lots will be walkouts. Lots 1,2 and 7 will be slab on grade. ~CU\)3 Minutes Planning Commission - May 17, 2007 Page 5 . Ms. Bower explained there is flexibility within the lots as long as the setbacks are maintained. Mr. Hagen explained there will not be roofs over any of the decks. Dennis Boncquet, 1355 Jefferson, questioned if the wetiand area would be destroyed. Ms. Bowers explained she would encourage the developer to leave the wetlands as is. Mr. Hagen stated his intention is to keep as much natural habitat as the City will allow. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Lofdahl, the hearing closed at 6:15 p.m. Ms. Rock made a motion to recommend approval of the request with staff recommendations amending #5 to allow additions on units 1 and 2 if they meet the 8 foot setback. Seconded by Mr. Flaata, the motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held May 22, 2007 in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS a) FINAL PLAT TO BE KNOWN AS EXCELSIOR ADDITION SUBMITTED BY JEFF MUNSELL Ms. Bowers commented on the plat and the location of the site. She stated there are very few changes from the preliminary plat. . Staff reviewed the plat and it meets the requirements. They recommend approval of the final plat with the following recommendations: . 1. The plans shall be revised to comply with the required revisions and comments listed in the City Engineer's memorandum dated April 30, 2007. Final plat approval is subject to City Engineer's approval. 2. A variance was previously approved for lot depth between Block 1, Lots 1&2 and 4&5. 3. Construction on the lots must meet the setback and coverage requirements of the R-2 zoning district. 4. The location of garages and driveways shall be coordinated to align garages and driveways to minimize utility conflicts and maximize green space. Lots 1 & 2 and 4 & 5 shall have their driveways aligned to the side of the lot along the shared lot line. 5. A subdivision agreement will be required prior to approval of the final plat. Fees shall be paid in accordance with this agreement. Escrow for the cost of two trees per lot (10 trees) shall be paid prior to signing the final plat. 6. A stop sign will be required at California and Alaska Court and will be included as a requirement in the subdivision agreement. 7. The applicant will coordinate with adjacent property owners and the project surveyor regarding identification of the property lines and any necessary relocation of accessory buildings that encroach onto the subject property. No building permits will be issued for these lots until the relocation of the accessory buildings has been completed. (PC~)3 . . . Minutes Planning Commission - May 17, 2007 Page 6 Discussion followed on the City park trail which encroaches onto Mr. Munsell's lots. The City will work with the developer on the moving of the trail. Mr. Exner reported there is approximately 200 feet of trail to be moved. Mr. Flaata made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Lofdahl, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held May 22, 2007 in the Council Chambers at 5:30 p.m. b) SITE PLAN FOR FARMERS MARKET PAVILION Ms. Bowers commented on the application from the Hutchinson EDA and explained the location of the pavilion area within the public right of way. She commented on the site plan and the use. Mr. Seppelt gave an overview of the plan from the downtown master plan. He stated the EDA would like this project completed in 2007. He explained this is a public structure in the public right-of-way. Mr. Seppelt explained there are 3 elements to the proposal. There will be a structure along 1st Ave, one on the corner and one along Hassan Street. He commented on the corner element and the size and height of the pavilion. He stated the pavilion will be 10 feet in height. He explained he discussed the proposed size and height with the street dept. for snow removal. Rain gutters will be placed on the structure. The structure will be used by the Farmer's Market vendors. There will be 18 spaces for vendors. Mr. Seppelt explained the pavilion will look similar to the structures in Library Square. Discussion followed on the parking spaces. It will be used primarily for the Farmer's Market and may also be used for other activities. He explained this is an amenity for the Arts and Crafts Festival. The intent is to put electrical power in the structures. The pavilion will be owned by the City and the City can rent it out. The EDA will fund it from the downtown loan fund. Discussion followed on the cost. Mr. Seppelt stated the project must meet the budget. He explained that using City Staff will help minimize the cost. Discussion followed on the need for the Planning Commission to review site plans. There was also discussion on the need for a franchise agreement. Ms. Bowers and Atty. Sebora will research the franchise agreement question. Mr. Seppelt commented on the rules in place for the Farmer's Market. Ms. Rock made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Kovacic, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held May 22, 2007 in the Council Chambers at 5:30 p.m. (0(01 ); . . . Minutes Planning Commission - May 17, 2007 Page 7 c) RESOLUTION OF THE CITY OF HUTCHINSON PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4-15 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY Ms. Bowers commented on the request for the Planning Commission to provide a recommendation for the Modification to the TIF District. Mr. Seppelt explained the request and the property acquired by the EDA on 5th Ave SE. He stated the EDA approved a spec building for the site. He explained the need for a TIF district to help pay for the project. The Planning Commission must review the request to confirm it will fit with the over all plan for development of the community. The TIF money would stay with the property. Mr. Seppelt explained the TIF district taxing to the properties. He commented on the makeup of the proposed building. Ms. Rock moved to approve the request. Seconded by Mr. Lofdahl. The motion carried unanimously. d) REVIEW OF CONDITIONAL USE PERMIT REQUIREMENTS FOR NEW DIMENSION PLATING, 540 - 3RO Ave. NW Atty. Sebora explained the item and updated the Planning Commission on the Conditional Use Permit granted in 1994 to New Dimension Plating. He explained the requirements at that time. He stated with the expansion of Montana Street it became apparent some of the requirements have not been met. The City is working with the current property owner to resolve the matter. Discussion followed on how the recommendations are enforced. Atty. Sebora will keep the commissioners informed. 6. OLD BUSINESS 7. COMMUNICATION FROM STAFF a.) Ms. Bowers updated the Commission on the Hwy 7 Corridor Study open house to be held on June 6th from 6-8 p.m. She explained Landform is working on background materials. 8. ADJOURNMENT There being no further business the meeting adjourned at 7:00 p.m. ~COl\?, .ES==. LICENSES' . PERMITS AND FEE,S._ ~TERGOVERNMENTALREVENUE CH..,RGES.J'OR S.ER\iICE.~=-_ ... FINES & FORFEITS INTERESi'!--___:____ REIMBURSEME.NTS - 'TRAN?!,ER~______-T__ . SURCHARGES - BLDG PERMITS 'TOTAL---. _mum -j-- icrrVOFHlrrC::HINSON'FINANCIAi. REPORT ' ..-----,.- -.-.--.-..- . 2006----...2007 . --'-io07' ..'200i'.------2007;- -- MAY, MAY MAY YEAR'TOT ADOPTEI,-n-SAi.ANCEPERCENTAGE' . YIO] MONTH DATE ACTUAL' Bl.IilG.E.:rL .R!:...M~N~G.L ___ USED; . --- '3,860,66500"3.800.66s:Dol- _0.00%: 41057.5 536.00 34.165,_'4_ ,__48.400.0Q'~:-14..~4.~~:__ .10.59%, -.1.615~19: 33,872,07 _Jl8,028.9(5' 320,700.00 222.671.04 , 30.57%' 54281.t5 4.23~~3_ . 49,153.32 :2);64.451.o6-'2~715.297.68 :--____'1.78%1 5282849t' _86.~482 ..:=~~:23311'__1;6~0,31~:OQt'1:18i,078~s.\!!'=-______30,13%1 16t20.81 4.372,95: .18.449.59 ... 68.000.00:. 49,550.ill 27.13% .970694-----22604 .... (7,028.70)'- .. 70,OooOOT-ii,(28)0 '---,1004'/, ----9>:5.51j7--28,06.~90 :---115.76914 i- 290.1 i6.001 174.346861'-. '3990% . 285894...c._~3976- . -290-:98210 .. ___1:67~:10o.00 r1)8~-:0'i7.9c)1-17.34% m .. .. 392316: 953.85 ' 2,623.72 , 500.00 . (2.123,72)' - " ,173.9.3.8j5: ' 159.427)~ 1.11(j,4.76.___38110,726,24~,0Il., 9.E315.76762i=-_=-_1..oc3_5'I' 2007' -j---- MAY i REVENUE REPORT - GENERAL .-! -- ------------ + _ ..-[CWVO"___H'(jT_ttiINSON FINANCIAL REPORT -: --, .- .. ,_ _n. ___________m___ ...._n - _____...____nn --- ..-----1---.--..-.-------......------1-.- - 2006 2007. 2007 . 2_0()7; .._ __ ~007 i_, ,M!-)'-! MAY[ MAY YEAR TO[ ADOPTED] BALANCEiPERCENTAGE ...______)'TDT:=-:!A<5t-jTHl)"TE ACTUAq BODGE:fr__~EMAI~I~X=----':jSEO: , 001 MAYOR & CITY COUNC;Il,_ ' - 26.58039 i--ffi)71,0~ __ _36,2S3.0~- 60, i980()-23;944:9st- ~60.z2%i . QO;.::_GITY-i\DMI~I~mATOR _12o.01E3.~zl 38,077.0.9[__'42.157.4_8 ......34.1, '_420(:~_i98.984c~2j___...4.1670;,. '003 ELECTIONS _ _8.0.42.50] _.___0.,75 715402,3}5.09...L .__.1659.6.Qj 3()J2,!" 004FINANCEQ.EPARIMENT17.9,10029' u 72.028.53 234,12(),9,9, 584.932.00: 350,811.01 [ 40.03%, QCl5..Iv1I5.TClR \iEHICl,E 85,0216'--_ _23.12745.n__852'835 .201,fi25:00 i116.106.6ST - .42A7%' 006 ASSESSING'-- -S1,S4600r--51.S40.00 ' .. DOOO/';. 007 LEGAL- 72..2.0603 ,_ __'.5.,42_',8' . 70,856.39 T - .Z-01.734.00;---,30:ST7:61---. -35.12'%' -OOBPLANNING ..... _ .. 64,700.72 18,0163_4__ 70;3so0s1 1is.91000 ,108;5Z~9S 39.34'/, ~09INFORMATIQN SERVICES 63.54549'1 26,705.22 ,f02,66462 ,.. 260,503.00 . 15i,838.38'-n-.---3941% .'6 poliCE DEPARTMENT 1,082,953.16- 314;'2i59..11,1.66:52616 2,919,59300n1,753,06684L ..n 3996"% ',".5EMEEGENCYMANAGEr"ENTnJ 3,248.74 2,277.08_'- _ 9,4E3.2,2.6.L'9,000.o()___925.3L7.4+-_n__49c80% , 116 SAFETY COMMITTEE 7;23401 [ n _81.58. 9..1()1.58J 20}7_5,00-l-__ ".2Z342!____ 44.67ro , 12.Q_FIRE D_EPARTMENT _ ._Ln 117T57.76i . .29,On~~__'38,236,1Oi__434~51000L. 296,2Z3.90 1..31.81% '130 PROTECTIVE INSPECTIONS 85-,279.}4.:26.42,1l.1l.' 96,267.93' 267.359.00:. 171.091.07 [ ... . 36.01% 150E.NGI~KERiN<3."':;.-... 214,87664__ 472.fJ.867 : .'88,9()~94T~-:607.,2i800:1=4:18.31206~"'_:;=-:3.I1''I~ -'.52 .8.TREEIS& AJ,L!'YL 480234754_1'8.51l2.'9.: 545.58537 1 ,268,2.42,OQ~___ m.65E3,~______ 43.020;, :-160 ciTY HALL BUILDING ___._. 51,747.88, 11,485,05 : 51.89.025 155,499.00 . 103,60875 3337'10! ,26"- PARK/RECREATION ADMINISTR 82,~642 Z8,~f3..~]n 88,5Hij.!.nn 20Z,557.00 ... 114,037.49 . .-43.70'/; -Z02RECREATION....:__- .59,506,82 L_'S,42597i8.99511' ;-207.9700Q:;-- 128,974.19, . 37:98%' 203 l3.E.I'iIORCITIZEN- CENTE!.'_. 39,92800'. .. 8,43513.J~ ~3.4,027:.z61:-:"'~s9,397c.oO T -- 25.369241n .572.9.% . 204 CIVIC ARENA 144,635J.9. 14.733.82. 139,31448' 299,265.00 i 159,950.52 ! . 46.55%' 205pARK[J.EPjlRTIvIE.NT___ :--291,52486Tm_(0)52.79' 296;19413 83(57960 un 535,38487-:n--35.62% 206 RECREATIQNElUll,[jING& PQQL 44;18825.'. 8,92481n61.48730. 134,450001.--7.2.962:701 45.73'/; -207 E'.lENTS CENTER. -87,24801T23:373:,0. 103:93'115:; 234,41000 130,47S:Fs 44.34% _20.8EO\!.ERGBE'EN BIJILDIN<3._ 4,91l.8c21 .649,5.'. 4.978.05 16,000.00.n 11,021.95-3111% 250 LIBRARY _n__ _ ,73.259.114, 36.77924JS3,24~<I4'.. 17s.6.I-to6L. 9Z~38756-- 4740'{, :30'1 CEMETERY__ ' 54,370.19 [ 26,355.72 56,67945 142,760.00' 86.080.55 i 39.70% -:liQ=DEBT~EllVIC;Em[:;=. i . _==::_ . .____n25.660.bo L~"'..2.~oooooj .. n()QO% 32.0 AIRPORT _' ._n_.__ 34,674,6.8 __.5,254.53 .37,665.95-,- 103,017.<lCJ..!...._65..351.'05 L . .3.E35~'Io. ,}50UNALLQCATEDQ.ENER,A,LEXP,.E 77.35109.0. 6,54926. 230.994.59. 718,950.00 487,955.41i 32.13% 'TOTAL :. 3.656,65329[1,027.51408 4,16';876~51 '10,726,24400 6.5!)1,36749r .-38:83'/, .___1. 2007 MAy..... ... .. EXPENSE REPORT - GENERAL . o (c.) Y !=--=}oo~:::::- .-.- --., -- _m__,_~~~~_.:.:__ ~_~ciTY-oFHuTC8TN_SCl.t{F.IN.i(t'icIAi.~REf<:l~R'(j __n_~ ...--;.. ------- ,MAY , 2006, 2007 2007 2007 2007------ : REVENUE REPORT _ GENERAL --, ACTUALl _un MAY. .. YEARTO! ADOPTEOu- BALANCil>ERCENTAGEI i-:'::::::::~""::-_l-:='-=J-:::::-=-~~arIODalel- __~Clt'iTH~AT~ACTliA~___--BUDGET[ REMAINING!' USED! !!~i~;~~~:\- ..-=--=i~~~~H~~~-~3j~~~~=i6~!:~J=~!!~~!i_.~~:!!i-{g,I~~ 'INTERGOVERNMENTAL REVENUE , . 54.281.15! . 4,238.53 49,153.32 I 2,764,451.00, 2,715.297.68 I 1.78%1 [CHARGES FOB. SEf<\IICES_=-~':T::::::S28,26-L9f:;___ -86.52482_= 509,2:3~)iI ..1.690,3J~ooIl, 181,0788S-":':':':'=' _ ~Q13%i .FINES & FORFEITS . 16.120.81' 4,372.96 18,449.59 68.000.00! 49,650.41 27.13%' !INTEREST I---i---- --(9,7()694) '----226.04 i (7,02870)- io,ooo:oor:::::i7~028 70___:io04% ':REJMBURSE~ENTS T .-' _____ __\)2,:5'5i47.T _ ..2~66_3.90cn'J 5:.:t69'li~290,i-'6()QI':"'174.346jI6L___ 39~"I~ 'TRANSFERS ._ ..________ _2.8~,894.40_'__ 639761 290,081,10 I 1.673.1(j0,QO' 1,383,017,90 L .. .1734% SLIRCHARGES-BLDGPERMITS 3.923,16... 953.85'. . 2,623.72' . 500.06-n- (2,123.72)1 -. 0.00% 'TOTALI-- ,_nun -{173:93S'iS--- 159.427.-92!1,110-,4f6~38 j 10,72(244-:-00-~-9,615.767.621-- 10-:35% -=--=- --=l~E . 1.-==' -.-':===':===- ,_=_.:n--':':':':-:::::-=i-':==-=-- .=~20Q7:r --r' ------- __un'. ----- .1 .____, 'MAyl' :Z006! -:zooi'--- :z0071 --:zoo7! - 2007 MAY iExPENS~REFiOR.T :GtNERA.L._ .. MAY- -MAY -\iEAR ToIAOOPTEb!-BALANCEPERCENTAGE! ~S.UMMARIZF2n__ L~;--u-YTD '---MOf,fTI'(OA]EACTUACr--- BUOG:ETi- REI\!AINiNG-==-_lJ,SEDi i_______-----L___________,____n__ ---i. ____L_n_ . :Ge."eral. G()\/L I___...J __.fiZO.96123:223,23333~-794:.:I56~5i!... 2,638,9s:.8l)Q:._'"?44.20'~~+ ___ 3898%' 'fubli" Safetx __~_ .___ 1,296,472.91 i m3.z2,<!9_2.05__..1..i1.9,.594.0~_ 3,613Q.1337.OO_,__ 2,241 ,2.429.7.~____:;a.28% Streets &Ailexs .' --T95,224: 181 _'65,980c86734,491,11 1.875,460,oQ~-" 1 <l0,96l3,69 ,____ 39.1~'Io. Parks & Ree,eation - .__=-= 8l3.' ~966j9 _ u254,20.<lc05. _9.4.7.3.74,08_"_ 2.304.02_2,00._1.',356.647 ~L___4.1.12% :Miseeilaneous---- , 112.028.58 11,803.79 268.660.54! 846.967.00 1 578,306.46 : 31.72%! -- -lulTOTAL . _ _L3.656.65329_1,Q27.514.081 4,'64,~7.a:c51Ll0,726,24400r 6,561..3157049 38830/; - --1 - -- -.-- !----,----- ---- ______L . ___ I e=~-~..:.:I.:---=- --I . It(~ ') '--' CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT . 21-Jun-07 May 31, 2007 Date Date Interest Of Of Institution Description Rate Purchase Maturity Amount US BANK FHLB 4.10% 111312004 11119/2008 375,000.00 Smith Barney FHLMC med 4.00% 7/3012004 7/2712012 300,000.00 step up Smith Barney FHLB C 4.50% 1/7/2004 713012009 300,000.00 Smith Barney FHLB C 4.500% 4128/2005 1012812008 750,000.00 Smith Barney FHLB C 5.010% 4126/2005 412612010 270,000.00 Smith Barney FHLM -C 5.500% 4/512007 41512012 300,375.00 Smith Barney FHLM -C 5.550% 3/112006 31112011 500,000.00 Wells Investmen FHLN 5.279% 03122106 01/29/07 500,000.00 Edward Jones FNMA 5.00% 10/1212006 11123/2007 500,000.00 Wachovia FHLB 4.00% 512212003 512212013 300,000.00 Wachovia FHLB 4.00% 6/1212003 6/1212013 300,000.00 . Wachovia FHLB 4.000% 612612003 06126113 400,000.00 Wachovia FHLB 4.000% 7/1612003 711612013 200,000.00 Wachovia FHLB step 5.375% 2/14/2007 8114/2009 625,000.00 step up Wachovia FHMA 5.350% 03116/06 09114107 200,000.00 Wachovia FHLB = step UI 5.330% 10126106 10126/09 300,000.00 step up First Minnesota 5.180% 02/20107 03113/08 400.000.00 First Minnesota 4.650% 11121/06 11121/07 750,000.00 ---------.---------------- $7,270,375.00 . (Pc GlJ~ . . . Resolution No. 13224 Resolution Supporting the Appropriation of Money From Bond Proceeds to Pave and Make Other Improvements to the Luce Line Trail From Wins ted, Minnesota to Cedar Mills, Minnesota WHEREAS, in 1976 the Luce Line Trail was established as a recreational trail extending from' Plymouth, Minnesota, through Hutchinson, Minnesota, to Cosmos, Minnesota; and, WHEREAS, the surface of the Luce Line Trail is made up of crushed limestone and gravel; and, WHEREAS, of the nine major trails in the State of Minnesota, the Luce Line Trail is the only trail that is not paved; and, WHEREAS, because the Luce Line Trail is not paved, the trail is not suitable for skating and other uses that are conducive to a paved surface, especially the use of wheelchairs and assisted-mobility devices used by disabled persons; and, WHEREAS, a high quality trail attracts visitors from around the area and out of state which can have a significant positive impact for cities located on or near trails; and, WHEREAS, trail users cite trail surface quality as an important factor in their satisfaction of their trail use experience; and, WHEREAS, because the Luce Line Trail is not paved, cities along the Luce Line Trail do not share the economic benefits that communities along other state trails do, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT: This Council urges the State of Minnesota to approve legislation appropriating bond proceeds for the paving and other improvements to the Luce Line Trail from Winsted, Minnesota, to Cedar Mills, Minnesota, so that the trail can be utilized by more people, which in turn will provide economic benefits to the cities on and along the Luce Line Trail. Adopted by the City Council on this 26th day of June 2007: Steven W. Cook, Mayor Gary D. Plotz, City Administrator to(b) \ . . . PUBLICATION NO. 7596 ORDINANCE NO. 07-0461 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING UTILITY AND DRAINAGE EASEMENTS LOCATED BETWEEN LOTS 20 AND 21, BLOCK 1, STONEY POINT ADDITION THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to vacate utility and drainage easements located between Lots 20 and 21, Block 1, Stoney Point Addition. Section 2. That the utility and drainage easements to be vacated are described as follows: Vacated part of the 6.00 foot wide drainage and utility easement lying northwesterly of and adjoining the southeasterly line of Lot 20 Block 1, Stoney Point Addition, according to the recorded plat thereof. The northeasterly line of said part of the easement to be vacated being the southwesterly line of the Northeasterly 6.00 feet of said Lot 20 and the southwesterly line of said part of the easement to be vacated being the southwesterly line of said Lot 20. Also, vacated part of the 6.00 foot wide drainage and utility easement lying southeasterly of and adjoining the northwesterly line of Lot 21, Block 1, Stoney Point Addition, according to the recorded plat thereof. The northeasterly line of said part of the easement to be vacated being the southwesterly line of the Northeasterly 6.00 feet of said Lot 21 and the southwesterly line of said part of the easement to be vacated being the southwesterly line of said Lot 21. Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 26th day of June, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor In C'O \f2- MEMORANDUM DATE: TO: FROM: June 20, 2007 for the June 26.} 2007 City Council meeting Hutchinson City Council R.ebecca Bo'wars, AICP, Planning Director SUBJECT: LOT SPLITS AT 1170 AND 1180 BLUEJAY DRIVE S~W. IN RAVENWOOD WEST Backqround: The property owner is requesting two lot splits for two adjacent lots locate.d at 117'0 and 1190 BlueJay Drive S~W in the Ravenwood: West plat for construction of twin homes. Several lot splits have been approved for twin homes in this development~ Additional oetaH~ are included in the attached Planning Commission report. Plan,nina Commi's~io(t M~ting: The Planning Commission approved th"e iot splits on the consent agenda at their June 1 ~t 2007, meeting, with no additional discussion. Recomme.ndation: The Planning Commission unanimol)sly recommends approval of the lot splits with the stated findings and co,nditions and recommends approval of the attached resolutions. l.t (c') '\ _....~,I"'".;Al"'-"..-4IIr..-.-, --_-'- ..- ,,- -.:-:...... -_or.... "'J_' -', -r -; - .. _--:_--.. ..",."",.,........~..-._~ -.';If;'~-..- -.. ......-.r"" l1li'.. .. DIRECTORS REPORT - PLANNING DE,PARTMENT .II _.- .... .. -".- ~/;.;;:-....- ~ .. __ _ r". .,. --- ; 'P .- - .. J> ___ !~j.': -- 'l':";'- ~" - _ ~~4 _- ;"; r.;~ ~_- -;. ~.~ ; To: Hutchinson Planning Commission From: Brad Emans, Do)f Moon, Dave Hunsta~, Mile~ Seppelt, Shan Ghimir~, Jean Ward, Judy Flemming, Jo1m Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner~ J.obn Pa.ulson, M.ark "Schnobrich, Marc Sebora; Gary Plotz, Ken Menill, Jim Popp, Dall l-latten, Dick Nagy, Rebecca Bowers, Jeremy Jordan arid Bonnie Baumetz (Persons in attendance 'at Planning Staff Me.eting (in bold) Date: June lZ, 2007., for June 19, 2007, P.lanning Commission Meeting .Ap:plication: LOT S'PLITS A-T 1170 AND 1180 BLUEJAY DRIVE SI.W. IN RA VENWOOD WEST .A.pplicant: Bruce'Naustdal, property owner .LOT SPLITS Brief Description The property owner is requesting two lot splits for two adjacent lots located at 1 r70 .and 1190 Blllejay DriveS.\\7 in the RavenwoodWest plat for constnlction of twin homes. Several lot splits have' been approved for twin homes in this developn1ent. lc((')~ Lot Splits -1170 & 1180 BluejayDr. SW Bruce Nanstdal Page 2 GENERAL INFORMATION . Existing Zoning: R2 (Single and Two Family Residential) Property Location: 1170 and 1180 Bluejay Drive S.W. Lot Size: 1180B1uejayDr. S.W. -Lot 1, Block I Norther1yparcel-15,116sq. ft. Southerly parcel- 13.889 sq. ft. 1170 B1uejay Dr. S.W. - Lot 2, Block I Northerly parce1- 9,343 sq. ft. Southerly parce1- 10,496 sq. ft. Existing Land Use: Vacant Adjacent Land Use And Zoning: R2 (Single and Two Family Residential) Comprehensive Land Use Plan: Mixed Use Residential Zoning History: Ravenwood West was platted in 2003. This area was intended for twin home development and services are available for two family dwellings. Applicable Regulations: Section 153.05 and 154.070 of the City Code . Transportation: B1uejay Drive S.W. Analysis and Recommendation: Both of the subject lots are located is in the airport zone and the building square footage cannot exceed a total of 3"0,240 square feet for Block 1, Lots I -8. This would equal 3,780 sq. ft. of building per each of the previously platted 8 lots. Lot coverage is limited to 50% per lot. The proposed lot split would meet the requirements of the Zoning Ordinance, therefore staff recommends approval with the following recommended findings and conditions: 1. 2. 3. 4. 5. 6. . 7. The proposed lot split would meet the standards of the R-2 zoning district, subject to the conditions stated. Moving or relocating services will be at property owner's expense. Separate services are required for each lot. Building coverage is limited to the airport zone building square footage requirements. Total hardcover cannot exceed 50% coverage. The property is located within Airport Safety Zone B and subject to the requirements contained within. No accessory buildings are allowed in this area, as specified in the Subdivision Agreement. The new lot divisions will require one additional tree per lot at $200.00 per tree. This will be collected with the building permit fees. All existing conditions of the plat approvals and subdivision agreement shall remain in effect. Cc: Bruce Naustda1, 1175 Dale St SW (QCC) \ . . . RESOLUTION NO. 13225 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY BRUCE NAUSTDAL TO SPLIT LOT 2, BLOCK 1 (1170 BL UEJA Y DRIVE SW) IN RA VENWOOD WEST FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Bruce Naustda1, property owner, has requested approval of a lot split to construct a twin home on property located at 1170 Biuejay Drive S.W. with the following legal description: Legal Description: Northerly Parcel - The Northerly 41.00 feet of Lot 2, Block 1, Ravenwood West, according to the recorded plat thereof. Southerly Parcel - Lot 2, Block 1, Ravenwood West, according to the recorded plat thereof, except the Northerly 41.00 feet of said Lot 2. Whereas, the Planning Commission considered the lot split request on June 19, 2007, and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the lot split, subject to the following fmdings and conditions: 1. The proposed lot split would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or relocating services will be at property owner's expense. 3. Separate services are required for each lot. 4. Building coverage is limited to the airport zone building square footage requirements. Total hardcover cannot exceed 50% coverage. 5. The property is located within Airport Safety Zone B and subject to the requirements contained within. No accessory buildings are allowed in this area, as specified in the Subdivision Agreement. 6. The new Jot divisions will require one additional tree per lot at $200.00 per tree. This will be collected with the building permit fees. 7. All existing conditions of the plat approvals and subdivision agreement shall remain in effect. Adopted by the City Council this 26th day of June, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor (pee) \ . . . RESOLUTION NO. 13226 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY BRUCE NAUSTDAL TO SPLIT LOT 1, BLOCK 1 (1180 BLUEJA Y DRIVE SW) IN RA VENWOOD WEST FOR THE CONSTRUCTION OF A TWIN HOME Whereas, Bruce Naustda1, property owner, has requested approval of a lot split to construct a twin home on property located at 1180 Bluejay Drive S.W. with the following legal description: Legal Description: Northerly Parcel - The Northerly 61.00 feet of Lot I, Block 1, Ravenwood West, according to the recorded plat thereof Southerly Parcel - Lot I, Block I, Ravenwood West, according to the recorded plat thereof, except the Northerly 61.00 feet of said Lot 1. Whereas, the Planning Commission considered the lot split request on June 19,2007, and considered the requirements of the Zoning Ordinance and 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 ofthe lot split, subject to the following findings and conditions: 1. The proposed lot split would meet the standards of the R-2 wning district, subject to the conditions stated. 2. Moving or relocating services will be at property owner's expense. 3. Separate services are required for each lot. 4. Building coverage is limited to the airport zone building square footage requirements. Total hardcover cannot exceed 50% coverage. 5. The property is located within Airport Safety Zone B and subject 10 the requirements contained within. No accessory buildings are allowed in this area, as specified in the Subdivision Agreement. 6. The new lot divisions will require one additional tree per lot at $200.00 per tree. This will be collected with the building permit fees. 7. All existing conditions of the plat approvals and subdivision agreement shall remain in effect. Adopted by the City Council Ihis 26th day of June, 2007. A TrEST: Gary D. Plotz City Administrator Steven W. Cook Mayor (oc~)\ MEMORANDUM DATE: June 20, 2007 for the June 26, 2007 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: LOT SPLIT FOR A LOT LINE ADJUSTMENT BETWEEN 1350 AND 1360 JEFFERSON STREET S.E. BackQround: The lot split is a lot line adjustment to exchange roughly 540 square feet of property b,etween two adjacent property owners. The share,d side lot line between the two properties would b~ revised to exchange property an'd correct several existingproblemst including a driveway and retaining wall over the lot line and a non-conforming side yard setback (refer to attached drawing and survey). Both lots would still meet the size requirements in the R-1 zoning district. Refer to the attached Planning Commission staff report for additional details. Planning Commission Meetina: The Planning Commission approved the lot split on the consent agenda at their June 19, 20107, meetingt with no additional discussion. Recommendation: The Planning Commission unanimously recommended approval of the lot split with the recommendations, findings and conditions as stated in attached resolution. Co C c'') '2. . .....-........""t....rrt..D!!' " . "-n _......riI ........."-:i- .I:"';;,"-:'~" '"r .. .-~.. If'" ~ ... Dl:RECTORS REPORT - PLANN'ING DEPARTMENT -~ To: Hutchinson Planning Commission From: Brad :Emans) Dolf Moon, Dave H'oDstad., 'Miles Seppelt, Sb.30 Ghimire, Jean Ward, Judy Flemming, John Webster" John Olson, Lenny Rutledge~ Kyle DimIer, .Kent Exner, J'o,b'o Paulson~ Mark Schnobrich, Marc Seb!lora, Gary Plotz, Ken Merrill, Jim Popp, Dan Hatten, Dick Nagy, Rebecca 'Bowers, Jeremy Jordan and Bon.nieBatlmetz (P,ersons in attendance at Planning Staff M.eeting (in bold) Date: June 4, 2007, for June 19, 2007, Planni'ng Comm,ission Meeting Application: LOT SPLIT FOR, A LOT LINE AD,JUSTMENTBETWEEN 1350 AND 1360 JEFFERSON STREET S.E. Ap'plicant: Lyle Davenport, 1350 Jefferson Street S.E~ Irene Vorb'eck, ]360 Jefferson Street S.E,. LOT SPLITS Brief Description The lot split is a lot line' adjustment to exchange roughly 540 square feet of property between two adjacent property owners. The share.d side lot lin,e between the two properties would be revised to exchange :propelty and correct severa] existing problems, including a driveway and reta'icing wall over the lot line and a non-conforming sid,e yard setback (refer to attached drawing and survey). Both lots \vould still me,et the size requirements in theR-I zoning district. ~lC) :- . . . Staff Report - June 4, 2007 Lot Split -1350 & 1360 Jefferson St. S.E. DavenportN orbeck Page 2 GENERAL INFORMATION Existing Zoning: R1 (Single Family Residential) Property Location: 1350 and 1360 Jefferson Street S.E. Lot Size: 1350 Jefferson St. S.E. - 13,284 sq. ft. 1360 Jefferson St. S.E. - 12,225 sq. ft. Existing Land Use: Single Family Residential Adjacent Land Use And Zoning: R1 (Single Family Residential) R2 (Single and Two Family Residential) Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: This area of Jefferson Street was annexed to the City in 2002. Applicable Regulations: Section 153.05 of the City Code Transportation: Jefferson Street S.E. Analysis and Recommendation: The proposed lot split would meet the requirements of the Zoning Ordinance and would improve existing non-conforming setbacks. Staff recommends approval with the following recommended findings and conditions: 1. The proposed lot split would meet the standards of the R-1 zoning district, subject to the conditions stated. 2. Moving orremoving of any utility services, if necessary, will be at property owner's expense. 3. The property owners are responsible for updating and recording their property deeds and registered land survey at McLeod County within 1 year of approval by the City Council. Cc: Lyle Davenport, 1350 Jefferson St. S.E. Irene V orbeck, 1360 Jefferson St. S.E. LoCC)L REGISTERED LAND SURVEY NO. .. Norll'lwu',"",cIH'MI" \\.5 - "T~,,,,, ,,,.."" ~'\ ----\ \ _/' -- -7 y/ q \.\ ~ " s, n. ~ /\ \ /' ~. '" 'l> y/ <.i' ~ \ ~ \ -<--. \ .Y............. , ~ --......' q. -\ ~ '\ "t- ; ~ 'l'. ''0 " . '2, (:) -<l ~ ~ <' >::>. . -;:;, MCLEOD COUNTY, MINNESOTA \ , \ , , \ , , \ , . <'0 ;.\ l? ------",c;. ------ CJ ':A ~. <.i' -" '0 :;.\ 1- ~ > /' <3' -::., <'0 ;.\ '" TRACT C '" / --1- SUMMERSET1 SECOND _ - -- ADDITION I S!6.22"W I ~s~ ~ Th, mtn101\on o11h. bearln9' shown on this SUI"'Il't)' or. based on thlli .uterty IIn' of LOI, 10 tlm! 21 of It" Audllor', Plot of lot 15 of the AudItor', Plot (}f SK110n 7. T.116 K.. R.Z9 W..whk:hcn(l,~dlohCMI(lb'orI"Oof 52'-18'OO"E. . PELllNEN l.AHtJ SUR\I('1'!HG ~~ M.<W . 9 g1y..~ llOpl"p'Z,',S ~ () t~ ~O , ~t;t1/~ In 100 . ,,.,, ~ ~ 0- -0 't- --' -" - ..- <S' ------ 1- ------ -p , , 't'< <9 <'0 ~ ;.\ <3' , . Oeno'" iron monument found o ~~~'bVD(I~~.bAo~~'A~lron pip. Ht HUTCHINSON MN 06182 LP (G)7-. . . . RESOLUTION NO. 13227 RESOLUTION APPROVING A LOT SPLIT REQUESTED BY L YLE DAVENPORT AND IRENE VORBECK FOR A LOT LINE ADJUSTMENT BETWEEN 1350 AND 1360 JEFFERSON STREET S.E. Whereas, Lyle Davenport (1350 Jefferson Street S.B.) and Irene Vorbeck (1360 Jefferson Street S.E.),property owners, have requested approval of a lot split for a lot line adjustment to exchange property between the two adjacent property owners with the following legal description: Parts of Tracts 19 and 20 and Auditors Plat of Lot 15 of Auditors Plat of Section 7, township 116 North, Range 29 West, McLeod County, Minnesota, described as follows: Commencing at the Northwesterly corner of Tract 10 of said Auditors Plat; thence South 23 degrees 18 minutes East a distance of 691.50 feet to the point of beginning of the tract herein described; thence North 75 degrees 00 minutes East a distance of 143.80 feet to the Westerly 33 foot Right of Way line of County Highway No. 25; thence along said R.O.W. Line South 25 degrees 16 minutes East a distance of 100.0 feet, the termination ofR.O.W.; thence South 80 degrees 31 minutes West a distance of 150.05 feet; thence North 23 degrees 18 minutes West a distance of 85.0 feet to the point of beginning. Tract containing 0.31 acres more or less. Also, Parts of Tracts 20 and 21 of Auditors Plat of Lot 15 of auditors Plat of Section 7, Township 116 North, Range 29 West, McLeod County, Minnesota, described as follows: Commencing at the Northwesterly corner of Tract 10 of said Auditors Plat; thence South 23 degrees 18 minutes East a distance of 776.50 feet to the point of beginning of the tract herein described; thence North 80 degrees 31 minutes east a distance of 150.05 feet to the Westerly 33 foot Right of Way of County Highway No. 25; thence along said R.O.W. line South 25 degrees 16 minutes East a distance of 92.25 feet, the termination of R.O.W.; thence South 86 degrees 22 minutes West a distance of 158.0 feet; thence North 23 degrees 18 minutes West a distance of 75.0 feet to the point of beginning. Tract containing 0.31 acres more or less. Whereas, the Planning Commission considered the lot split request on June 19, 2007, and considered the requirement 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 ofthe request. (pee )L . . . Resolution 13227 Lot Split - 1350/1360 Jefferson St. S.E. June 26, 2007 Page 2 The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the lot split, subject to the following findings and conditions: 1. The proposed lot split would meet the standards of the R-1 zoning district, subject to the conditions stated. 2. Moving or removing of any utility services, if necessary, will be at property owner's expense. 3. The property owners are responsible for updating and recording their property deeds and registered land survey at McLeod County within 1 year of approval by the City Council. Adopted by the City Council this 26th day of June, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor lo(c)'2- MEMORANDUM DATE: Jun.e 21,2007 for the June 26, 2007 City Council meeting TO: Hutchinso,n City C,auncH FROM: Rebecca Bowers, AICPi Planning Director SUBJ'E,CT:CONDIT'IONALUSE PERMIT REQUESTED BY PROVESTA FOR CONSTRU,CTIONOF A BUILDIN'GADDITION AT 3,5 ADAMS STREET N.E. Backa,round: Provesta is requesting a conditional use permit for an approximately 800~square foot addition on the west side of the:ir building. 'The property is located within th,e 100 year flood plain and the IIC (Industrial! Commercial) District. The addition is needed to h,ave an unloading are'a within the building for food grade liquids and to improve operations~ Refer to attachments for applicanfs narrative and survey for additional information. The map below indicates the location and relation to surrounding property. Additional information is included in the attached Planning Commission staff report. PlanninQ Commission Meetina: The Planning Commissi,on held a public hearing and considered the request at their June 19, 2007. meeting. There were no property owners who commented on the request, other than the applicant. Staff presented additional re'view information obtained from the DNR Hydrologist. The addition' is re,quired to be either: 1) elevated abov,e the regulatory flood l( ({ )~ . . . protection elevation, 2) wet-flood proofed or 3) dry-flood proofed. The conditions required are included in the attached resolution. Tim Smith, representing the applicant, provided background on their operations and why the addition is needed. The addition would be a "wet environment" with a containment tank for overflow protection and would be wet-flood proofed with elevated electrical. The Commission discussed concerns with the parking arrangement and loading trucks occasionally blocking Bluff Street. The Commission stated they would like to see some improvement in the orderliness of parking and consideration of using adjacent sites for parking. The applicant stated they are considering options for parking improvements. There are 32 maximum employees on a shift, which requires a minimum of 32 spaces by ordinance. The applicant stated there are 44 total, including 26 paved spaces and approximately 18 unmarked spaces on gravel. Based upon staff review, it appears that the spaces may not meet requirements as many are unmarked and the drive-aisles and setbacks do not appear to comply. The applicant said they will change to a larger loading door to allow trucks a wider radius for on-site maneuvering. Also discussed was the need for cleaning up debris and items stored outside. The applicant said they will work on the clean up. After discussing the business, the Commission unanimously recommended approval of the conditional use permit, subject to conditions stated. Recommendation: The Planning Commission recommends approval of the Conditional Use Permit with the stated findings and conditions in the attached resolution. f.o(6)3 . . . RESOLUTION NO. 13228 RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUESTED BY PROVESTA LOCATED AT 35 ADAMS STREET N.E. TO ALLOW CONSTRUCTION OF A BUILDING EXPANSION IN THE IfC DISTRICT AND THE 100 YEAR FLOOD PLAIN Whereas Provesta, property owner, has requested approval of a conditional use permit to allow a building expansion in the IfC District and in the 100 year flood plain with the following legal description: Lot One (1) in Block 46 in the Townsite of Hutchinson North Half (N Yz), except the following described tract to-wit: Beginning at a point on the North line of said Lot One (I) in Block 46 aforesaid 68 feet East from the Northwest Comer of said Lot One (I); thence West to the Northwest corner of said Lot One (I); thence South to the Southwest corner of said Lot One (1); thence East on the South line of said Lot One (1) 50 feet, thence Northeasterly in a straight line to the place of beginning. Lot Two (2) in Block 46 in the Townsite of Hutchinson North Half (N Yz), excepting, however, that portion of said lot which is now used for a public street. And all of Lots Seven (7), Eight (8), Nine (9) and Ten (10) in Block 46 in the Townsite of Hutchinson North Half (N Yz). Lots Five (5) and Six (6) in Block 46 in the Townsite of Hutchinson, North Half, subject to easements and restrictions ofrecord, if any. Lot 3, Block 46, Townsite of Hutchinson, North Half (N Yz), excepting therefrom, however, the following tract of land: Beginning at a point in the North line of Lot 3, 31 feet East of the Northwest comer of Lot 3; thence West 31 feet to the Northwest corner of Lot 3; thence South 66 feet to the Southwest corner of said Lot 3; thence East 10 and Yz feet; thence in a Northeasterly direction to the place of beginning. That part of Lot Four (4) in Block Forty-six (46) in the Townsite of Hutchinson, North Half described as follows to-wit: Beginning at the southeast comer of said Lot 4; thence westerly, along the south line of said Lot 4 a distance of 5.92 feet, to a point 9.00 feet northeasterly from the center line of the tracks of Dakota Rail, Inc., as measured at a right angle to said center line; thence northwesterly, parallel with said center line, a distance of 99.33 feet to the west line of said Lot 4; thence northerly along said west line a distance of 17.08 feet to the intersection with the easterly line of Adams Street; thence northeasterly along said easterly line of Adams Street to the intersection with the north line of said Lot 4; thence easterly, along said north line, a distance of 55.50 feet to the northeast corner of said Lot 4; thence southerly, along the east line of said Lot 4, a distance of 132.00 feet to the point of beg inn mg. ALSO: That portion of Washington Street north of the center line of said street and abutting Lots 4, 5, 6, 7, 8, 9 and 10 of Block 46, North Half of City of Hutchinson, vacated by City Ordinance No. 723. LP(G)3 . . . Resolution 13228 Conditional Use Permit - Provesta 35 Adams Street N.E. June 26, 2007 Page 2 Whereas, the Planning Commission held a public hearing and considered the conditional use permit request on June 19,2007, and considered the requirements of the Zoning Ordinance and 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, subject to the findings and conditions stated. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: 1. The addition must be constructed under the following conditions: a) elevated above the regulatory flood protection elevation, or, b) wet flood-proofed, or c) dry flood- proofed. Construction of the addition must be in accordance with the flood plain regulations in the Zoning Ordinance and subject to review by the Department of Natural Resources (DNR). 2. An as-built certification after construction of the addition shall be verified. Additional verifications may be required by the DNR Hydrologist. 3. Building permit approval is required prior to any construction. 4. The applicant is encouraged to improve the parking and drive aisle arrangement by marking parking and improving loading area signage and/or locating additional parking on adjacent properties. Adopted by the City Council this 26th day of June, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor ~&)3 .0:..... 0.1'" .' "=....- "" ....-~..:,..~.~ ""'_ ~'-4 ........:i:.lICtA......:"" ~. .. DIRECTORS REPORT - PLANNING DEPARTMENT -: -.~_. __ _ ~ ?~~~"""'L ..~ _ 'w" J'~ ~~ ~'_-.... - - .., ,.",.-:"''''--;;'' -.. - .. jI'I _~-J~~ N _- -,. _ _..... _ ..-r-'lPiI -- -......,... To: Hutchinson Planning COlmmission Brad Emans, DolfMoon, Dave Hunstad, Miles Seppelt, Shan Gbi,mlre, Jean Ward, Judy ,Flemmin.g, John Webster, John Olson, Lenny Rutledge,K.yle Dimler, Ke:Dt Exner, John Paulson, Mark Schnob rich, Marc Sebora,; Gary Plotz) Ken Merrill, Jim Popp, Dan Hatten, Dick' Nagy, Rebecca Bowers, Jeremy Jordan and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) From: Date: June 14,.2007, for June ]9, 2007,Plann,ing Commission Meetiog Applicat.ion: CONDITIONAL USE PE'RMIT FOR CONSTRUC'TION OF A BUILDING ADDmON AT 35 ADAMS STREETN.E. Applicant: Provesta, property O"T))e,r CONDITIO.NAL USE PERMIT Brief Description Provesta is requesting a conditional use permit for an approximately 800-square foot ad'dition on the west side of their bu.ilding. The property is located within th,e 100 year flood plain and th.e lie (IndustriaV Commercial) District The additio,n is needed to have an unloading area within t.h.e building for food grade liquids and to improve operations. Refer to attachment.s for applicant's narrative and survey for additional inform,ation* The map below indicates the location and relation to surround.in,g property~ &/ c'J 3 . . . Conditional Use Permit and Site Plan Provesta - 35 Adams St. N.E. Page 2 Existing Zoning: Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Transportation: Parking: Analysis and Recommendation: GENERAL INFORMATION I1C (Industria1fCommercia1) 35 Adams Street NE 2.6 Acres Industrial - Yeast Plant C3 (Central Commercial) I1C (Industrial Commercial) Industrial Several conditional use permits were granted over the years for storage tanks and additions on this property. In 2002, a CUP was approved for installation of a 20,000 sq. ft. storage silo, with a provision to add a second silo in the future. Approvals were also granted in 1994, 1983, and 1981 for storage tanks. In 1985, installation of unloading facilities and safety equipment was approved. In 1983, construction of a water well pump house was approved. Section 154.066, 154.170, and 154.089 of the City Code Adams Street N.E. Manufacturing - 1 space per employee on principal shift or; 2 spaces per 1,000 square feet. The construction of an enclosed loading area would not affect parking requirements. Construction of the approximately 800-square foot addition requires approval of a conditional use permit (CUP) to allow expansion of a conditional use in the I1C (IndustrialfCommercia1) district and for construction in the 100 year flood plain. The property has had several additions and improvements over the years (see zoning history). The proposed addition would maintain the same setback as the process room north of the loading area. As the area is currently paved, the addition would not add any hardcover. The addition would allow a semi-truck to back into the building to allow food grade liquids to be unloaded in an enclosed and sanitary location. The applicant has provided a letter with additional details that is attached. The following photo shows the existing loading door that would be connected to the addition. &Cc-)"S Conditional Use 'Pernlit and Site Plan Prrivesta - 35 Adams St. N.E. Page 3 Construction within the 1 00 year Flood Plain: The entire property is located within the flood fringe of tIle 1 00 year flood plain. Sec,\ion 154.089, Flood Fringe District, of the Flood Plain Managem.ent section of the Zoning. Ord~nance' id,entifies standa..rds for uses within' the flood fringe. The following . grap hie provides. an example' of the location of the flolod fringe along a river. (pCC)~:S Conditional Use Permit and Site Plan Provest. - 35 Adams St. N.E. Page 4 . Staff reviewed the proposal with the DNR Area Hydrologist to determine the requirements for the addition for compliance with flood plain regulations. The challenge with the site is that the elevation of the property in the area of the addition is between 1038' to 1039', which is below the .100 year flood elevation of 1041.2 A lowest floor elevation of 1042.2' is required to have a minimum of 1 foot "free board" above flood level to prevent flooding within the building. The applicant has indicated that the proposed addition would not be affected by high flood waters as it is "designed for a wet environment". DNR staff is in the process of verifying conditions and reviewing information on "wet flood proofing" the structure and any other requirements necessary to allow the addition. The DNR letter stating the conditions for the addition is expected to be provided at the Planning Commission meeting. In reviewing an application for a CUP, the Commission should consider if the proposal meets the standards for a CUP. A CUP shall be granted only if evidence is presented to establish the following: . (c) 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 ofthe public convenience and will contribute to the general welfare of the neighborhood or community; The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. (a) (b) Staffreviewed the CUP at their June 4, 2007, Planning Staff meeting. Several on-going concerns were discussed regarding the property, such as the large amount of coverage on the site, the shortage of parking, the lack of marked parking areas, and loading areas. These items are ongoing issues for the site due to the limited space on site and age of the property. Also discussed was the potential impact of the future roundabout planned for construction at the intersection of Bluff and Washington. Staffrecommends approval of the CUP for the addition, subject to review by the DNR and compliance with DNR requirements and the following conditions: . 1. Construction plans must comply with conditions required by review letter prepared by DNR (to be provided at the Planning Commission meeting). 2. An as-built certification after construction ofthe addition shall be verified. Additional verifications may be required by the DNR Hydrologist. 3. Building permit approval is required prior to any construction. 4. The applicant is encouraged to improve the parking and drive aisle arrangement by marking parking and improving loading area signage and/or locating additional parking on adjacent properties. Cc: Tim Smith, Provesta, 35 Adams St. N.E. lQ(i)3 . , , I , , I , , I , , I , / , / . , / . i . . / , . I , , 'V~' r ( ( NH.3 TANK NH.3 TANK COMPRS. RM. ~ PROCESS RM. CHILLER RM. ..\\ \;\t>~tl'f\n& 111i/p " \ \ \'o O ", \\ ,'o .. \ '. - ~... ~'" \\ ,0" '. \\ ~iS'- \, ,'o \\ ". \ '. ,'o , \\ . '. ' \ , '. ,\ \, . " \ \" \'o "\ \\ ,'o , \" '.... ,\ \' \ "" ", ,'\. '"'''' '~". , '1-. \. ~. " . , I \/ '.: \. ) ) R.O. RM. ~ I ~ 0 LIQUID RECEIVING 0 ! , , , , , , , , . nop , . , , i CONSTRUC:7/0N AREA ! , , . . , , -________________J OFFICES ~ 1 . j Q.C. LAB PILOT PLANT AIN WAREHOUSE "A" FINISHED GOODS @ . SPRA Y DRYER o OILER o o 0 @ ~BRINE ~ TRASH F706 , o o o PKG. PKG. r WAREHOUSE: "B" RA W & FINISHE GOODS 1 I ALCa. AIL 'CEI (QCr.:)3 ------- -------- -. . ... a: co .... ffi :::> ... ~ ~ ~i 0 1111'1~ :,11 1!1'I'Ii;!!!!i1 , '111,,1' 1"'1 :UI" 1111101 I > i5 r u ~ < r r ~ ~ / / ...,.' / / / / / / / ..~./ /' / I / / / / / / / / / / / e/ !ii \i! ~ : !'\! \ . \. ~( ,~,k'/ , J )--r.;;;;< .,. ;)' I', '~Ii/'" i i 'fl "!. I '.;':.~ 't i ~ .Ii ,.. .' ! ~ ; ~: , :! -, . , '--j ,'; 1 "'_.. " if.~, ---"\ -., i .~/ WCVJ3 11~'Provesta '-v Flavor Ingredients . Natural. Consistent. Reliable An ABF Ingredients Company Mailing: P.O. Box 100 Hutchinson, MN 55350 Shipping: 35 Adams St. North East Hutchinson, MN 55350 Toll Free: Phone: Fax: 800-321-2689 320-234-4114 320-587-8617 ?4 A rri 1 ?007 RE: Conditional Use Permit-35 NE Adams ST. To Whom It May Concern: Pro vesta Flavor Ingredients, 35 NE Adams Street is requesting a conditional use permit so that we can construct a building extension to the liquid tank truck unloading area. The liquid tank truck unloading dates back to the days of unloading small milk trucks and cans of milk from the dairy farms. It was modified in 1974 so that tank trucks of chemicals could be unloaded. A provision was made to provide full containment should there be an accidental spill. The proposed expansion is considered a safety necessity. The modem tank trucks are too long to be unloaded in the enclosed area. In order to unload the trucks, it is necessary for the cab of the truck to extend outside. In the winter months the truck is left running and exhaust fumes come into the building where employees are exposed to this hazard. In addition, during cold weather, the open door enables some water pipes to freeze and makes the ground very slippery. There is also a food safety issue in the summer months because of Mte open door. This opening allows insects to come into the food processing area; this is not in accordance with ~ood food manufacturing procedures. The building extension will enable trucks to be unloaded in an enclosed area. It will also improve the food safety issue as well as the other safety issues. This is also considered a "green" improvement as it will result in an energy saving. The plan sketch is attached. Although this construction is in the flood plain, it would not be affected by any high flood waters. The area is designed for a "wet" environment. We hope you will consider this request and recommend approval to the planning commission and city council. Sincerely, ~ Timothy 1. Smith Director Regulalory Affairs-Proteins Timsmith<wnrovesta.com . 10 (G) 3 . . . RESOLUTION NO. 13228 RESOLUTION APPROVING A CONDITIONAL USE PERMIT REQUESTED BY PROVESTA LOCATED AT 35 ADAMS STREET N.E. TO ALLOW CONSTRUCTION OF A BUILDING EXPANSION IN THE I1C DISTRICT AND THE 100 YEAR FLOOD PLAIN Whereas Provesta, property owner, has requested approval of a conditional use permit to allow a building expansion in the IfC District and in the 100 year flood plain with the following legal description: Lot One (1) in Block 46 in the Townsite of Hutchinson North Half (N Yz), except the following described tract to-wit: Beginning at a point on the North line of said Lot One (1) in Block 46 aforesaid 68 feet East from the Northwest Corner of said Lot One (1); thence West to the Northwest corner of said Lot One (1); thence South to the Southwest comer of said Lot One (1); thence East on the South line of said Lot One (1) 50 feet, thence Northeasterly in a straight line to the place of beginning. Lot Two (2) in Block 46 in the Townsite of Hutchinson North Half (N Yz), excepting, however, that portion of said lot which is now used for a public street. And all of Lots Seven (7), Eight (8), Nine (9) and Ten (10) in Block 46 in the Townsite of Hutchinson North Half (N Yz). . Lots Five (5) and Six (6) in Block 46 in the Townsite of Hutchinson, North Half, subject to easements and restrictions ofrecord, if any. Lot 3, Block 46, Townsite of Hutchinson, North Half (N Yz), excepting therefrom, however, the following tract of land: Beginning at a point in the North line of Lot 3, 31 feet East of the Northwest corner of Lot 3; thence West 31 feet to the Northwest corner of Lot 3; thence South 66 feet to the Southwest corner of said Lot 3; thence East 10 and Yz feet; thence in a Northeasterly direction to the place of beginning. That part of Lot Four (4) in Block Forty-six (46) in the Townsite of Hutchinson, North Half described as follows to-wit: Beginning at the southeast corner of said Lot 4; thence westerly, along the south line of said Lot 4 a distance of 5.92 feet, to a point 9.00 feet northeasterly from the center line of the tracks of Dakota Rail, Inc., as measured at a right angle to said center line; thence northwesterly, parallel with said center line, a distance of 99.33 feet to the west line of said Lot 4; thence northerly along said west line a distance of 17.08 feet to the intersection with the easterly line of Adams Street; thence northeasterly along said easterly line of Adams Street to the intersection with the north line of said Lot 4; thence easterly, along said north line, a distance of 55.50 feet to the northeast corner of said Lot 4; thence southerly, along the east line of said Lot 4, a distance of 132.00 feet to the point of beg inn mg. ALSO: That portion of Washington Street north of the center line of said street and abutting Lots 4,5,6,7,8,9 and 10 of Block 46, North Half of City of Hutchinson, vacated by City Ordinance No. 723. 0C~ )3 . . . Resolution 13228 Conditional Use Permit - Provesta 35 Adams Street N.E. June 26, 2007 Page 2 Whereas, the Planning Commission held a public hearing and considered the conditional use permit request on June 19, 2007, and considered the requirements of the Zoning Ordinance and 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, subject to the findings and conditions stated. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: 1. The addition must be constructed under the following conditions: a) elevated above the regulatory flood protection elevation, or, b) wet flood-proofed, or c) dry flood- proofed. Construction of the addition must be in accordance with the flood plain regulations in the Zoning Ordinance and subject to review by the Department of Natural Resources (DNR). 2. An as-built certification after construction of the addition shall be verified. Additional verifications may be required by the DNR Hydrologist. 3. Building permit approval is required prior to any construction. 4. The applicant is encouraged to improve the parking and drive aisle arrangement by marking parking and improving loading area signage and/or locating additional parking on adjacent properties. Adopted by the City Council this 26th day of June, 2007. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor to (0)3 MEMORANDUM DATE: T'O: FROM: June 21,2007 for the June 26,20107 City COluncil meeting Hutchinson City Coun'ciJ Rebecca Bowers! AICP, Planning Director SUBJECT: PREL,IMINARY AND FINAL PLAT FOR HAHN'S ADDIT'ION TO MARYVIEW, LOCATED AT 880 LAKEWOOD DRIVES~W.J SUBMITTED BYVERN HAHN B,ackQ'round: The property owners have submitted a one lot Preliminary and Final pl.at for HahntsAddition to Maryview~ The owners propose to plat th.e northerly 1/3 of the property to create a new lot for construction of a single family home. The existin'g home is located on a combination of former lots 8t 19 and 10, Maryview Addition. T"helots were previ,ousJy 3 separate lots when platted in 1963t however the lots were later comibined by the property owners. The existin'9 home would re,main on the southerly 2/3, former lots 8 and 9~ The new lot would be 20,700 sq.. ft. with a 10Qt I,ot width. It is located in the s,horeland district for Otter Lake and surbJe'lct to shoreland district requirements. Additional information is cOlntained in the attached Planning Commission staff re'port. &{c.Y' . . . City Council Memo June 26, 2007 Hahn's Addition to Maryview Page 2 PlanninCl Commission MeetinCl: The Planning Commission held a public hearing and considered the request at their June 19,2007, meeting. There were no property owners who objected to the request. The applicant was not present for the hearing. Staff noted one condition in the resolution may be revised after consultation with the property owner, regarding the payment of existing City assessments on the property. After discussing the trees on the site that would be lost, the two city boulevard trees, and the shoreland district requirements, the Commission unanimously recommended approval, subject to conditions stated in the resolution. After the meeting, staff discussed the payment of assessments with the applicant's real estate agent and revised the condition regarding assessments as follows: The existing City assessments on the property shall be divided and paid as follows: a) 1/3 of the existing City assessments (SA-294D) shall be paid prior to release of the final plat for the new one-lot plat, and b) 2/3 of the existing assessment will remain on 880 Lakewood Drive S. W. (Lots 8 & 9) Recommendation: The Planning Commission recommends approval of the Preliminary and Final Plat, with the stated findings and conditions in the attached resolution. l.r;(uf1 ~';r'~:C- _ "L1jC"".n:~'~ 'AHS ....- ".~- .......:...-~~.oIIlI'M:""'i'......M":'~.:4I"'....:.r:-~~~~\. .i:... ,.f:V..r..~.-p" ., _ '=':::.1 ,;0". -w:.~ .1._ .,INt/I II. ~.....:.V' -:.. .,; #..41';4--.. .1" ~ .1.;'''''.M;4-''' ~...,., .t:"~.....,;,(" . r 111='.1'9 "'0& - _ ~~ DIRECTORS REPORT - PLANNING DEPARTMENT b;.., . '4C"'_~..LF... ... ....- '" .I ~~'_"'~~6:.";,4r...f#.'I,:r-~~,"~J ~~"~"'.A _".. _......" ';.6" .A1'I'Ii~ ,..c.....Jf"..L..XJIA_........_...._-._....",.._ ~ _...,L _ "'" "~.J .Ao i/.i!" _ ~ ~.~ .... I'-'"r.v'r' _~:L ..... _ _"""A~~c~ I _ _... To: HutchinsQnPlanning Commission Date: Brad 'Emans, Dolf Moon,. Dave fIunstad, Miles Seppelt, Shan Ghimire, Jean Ward, Ju~y Flemming, John Webster, Jobn Olson, Lenny Rutledge, Kyle 'Dimler, Kent. Exner~ John Paulson, Ma'rk Schnobricb, Marc Sebora, .Gary Plotz, .Ken Merrill,. Jim Popp, Dan H~tten, Dick Nagy, Rebecca Bowers, Jeremy Jordan and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) June 4, 2007~ for June 19, 2007, Planning Commission Meeting From: Application: PRELIMINARY AND FINAL PLAT FOR HAHN'S ADDITION TO MARYVIEW AT 880 LA.KEWOODDRIVE S.W. (O'NE LOT PLAT) Applicant: Vern and AnneH'ahn,property owners PRELJMINARYAND FINAL PLAT Brief Description The property O\VIlers have submitted a one lot Preliminary and Final plat for Hahn's Additio~ to Maryview. 'The owners propo$e to plat the northerly 1/3' of the property to create_ a new lot tor construction of a -single family home. The 'existing home is located on a combination of fonner lots 8, 9 and 10, Maryview Addition. The lots were previously 3 separate. lots when platted in 196J,however the lots were later combined by the property o~ers. The existing ho;me would remain on the southerly2/J,.. fbroler lots 8 and 9. The ne.w lot would be 20,700 sq. ft. with a 100' lot width. It is located in the shoreland districtfor Otter Lake and subject to shoreland district requirements. loCi)y . . . Preliminary and Final Plat Hahn's Addition to Maryview - Vern and Anne Hahn Planning Commission - June 20, 2007 Page 2 GENERAL INFORMATION Existing Zoning: R1 (Single Family Residential) Property Location: 880 Lakewood Dr. S.W. Lot Size: 20,700 sq. ft. Existing Land Use: Vacant Adjacent Land Use And Zoning: RI (Single Family Residential) Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: Maryview Addition was platted in 1963 and annexed to the City in 1993. The property was previously 3 platted lots, however were later combined into one lot. In 1994, a construction agreement was entered into between the Hahn's and the City for construction of a storm sewer line along the north property line of Lot 10. Although an easement was written covering the storm sewer line, it was never signed or recorded. Staff discovered the lack of recorded easement when reviewing the current proposal. The owners signed the easement in late May, which was recently recorded by the City. Applicable Regulations: Section 153 of the City Code Transportation: Lakewood Drive S.W. Analysis and Recommendation: The new lot would be 20,700 sq. ft. with a 100' lot width, which meets requirements. The property is subject to the shore1and district requirements for Otter Lake, which requires a 15,000 sq. ft. minimum lot area for riparian lots with an 80' lot width required in the R-I zoning district. The proposed lot would comply with these requirements. The proposed home must comply with setbacks for the shore1and district and underlying R1 zoning district. A maximum of 25% impervious (hardcover) coverage is allowed by the shore land district ordinance. These specific requirements will be verified as part of the building permit review for the home. The fees required for the new lot are addressed in the conditions. Staff recommends approval of the preliminary and final plat, subject to the following conditions: I. Construction on the property must comply with the shore land district requirements and the standards of the R1 zoning district. No variances are granted or implied. 2. Moving or relocating services will be at property owner's expense. Separate services are required. 3. Park and playground dedication in the amount of$215 is required to be paid prior to issuance of building permit. ~ C C:)1--\ . . . Preliminary and Final Plat Hahn's Addition to Maryview - Vern and Anne Hahn Planning Commission - June 20, 2007 Page 3 4. Payment for planting of two boulevard trees per lot at $200 per tree is required (total of $400) for all subdivisions. As there will be no subdivision agreement prepared for this small plat, the fee will be collected with the building permit fees. The location of the trees shall be planted in the boulevard in location determined by the City Forester. 5. SACfW AC (Sewer and Water Access Charge) in the amount of$2,950 is due at the time of building permit. 6. Any City assessments on the property must be paid prior to release of the final plat by the City. 7. In the future, if work on the storm sewer pipe on the northerly property line of Lot 10 is needed, consideration should be given to straightening out the storm sewer line and revising the easement accordingly. Attachments: Draft Resolution with Findings Preliminary Plat Final Plat 1963 Maryview Plat Cc: Vern and Anne Hahn, 880 Lakewood Dr. S.W. Randy Redman, 255 Hwy 7 E GCc:y4 ~~ 5: w > >- ~ <J: 2 o l- Ie .s Iii & rr. I -1 , .: . 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':-S.J,.. . ~ I >,l~, ' ,'10-..>0: " ... " 'fu'-\ . """, l,~,,,-.l r~1"\\ i~r " ~ s: ~ ' - , ;""- .~-i-..-...J ~z "':;::';''''1 U"", ,. ~:: ~~--~_. - ,~. :~~ I , .~ i I \IJ'" il ~i a .)\ I 'i, ; }rb i1~ -' ~ ~ , J , ." ' ?:'~ ~s: '='~ i?; i~~ f,~ I[ ~=:;; > "" . '~ tr_' , ~:i ~! ~.:! e ~ . '''It.lt'. 'i:' , ''''' ~J~'o @ :.1-il B~~~ . ~ ~_~~ o ~" ....'"l:i ..;; . ::l 0 0 ~\ ;!i~ 4 ~~ {~ " !~~t ~! S :f~ n,<:~ !j. , ltJ Cv)~ . . . RESOLUTION NO. 13229 RESOLUTION APPROVING A ONE LOT PRELIMINARY AND FINAL PLAT FOR HAHN'S ADDITION TO MARYVIEW Whereas Vern and Anne Hahn, property owners, have submitted a one lot preliminary and final plat for Hahn's Addition to Maryview with the following legal description: Lot 10, Maryview, according to the recorded plat thereof. Also, that part of Lot 9 of said Maryview described as follows: Beginning at the northeasterly corner of said Lot 9; thence southwesterly, along the southeasterly line of said Lot 9 a distance of 5.00 feet; thence northwesterly, parallel with the parallel with the northeasterly line of said Lot 9 about 201 feet to the shoreline of Otter Lake; thence northeasterly, along said shoreline to the intersection with said northeasterly line of Lot 9; thence southeasterly, along said northeasterly line of Lot 9 about 200 feet to the point of beginning. Whereas, the Planning Commission held a public hearing and considered the preliminary and final plat request on June 19,2007, 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 preliminary and final plat, subject to the following findings and conditions: 1. Construction on the property must comply with the shore1and district requirements and the standards of the R1 zoning district. No variances are granted or implied. 2. Moving or relocating services will be at property owner's expense. Separate services are required. 3. Park and playground dedication in the amount of$2l5 is required to be paid prior to issuance of building permit. 4. Payment for planting of two boulevard trees per lot at $200 per tree is required (total of $400) for the subdivision. As there will be no subdivision agreement prepared for this small plat, the fee will be collected with the building permit fees. The location of the trees shall be planted in the boulevard in a location determined by the City Forester. 5. SACfW AC (Sewer and Water Access Charge) in the amount of $2,950 is due at the time of building permit. 6. The existing City assessments (SA-294D) on the property shall be divided and paid as follows: a) 1/3 of the existing City assessments shall be paid prior to release of the final plat for the new one- lot plat, and b) 2/3 of the existing assessment will remain on 880 Lakewood Drive S.W. (Lots 8 & 9, Maryview). 7. In the future, if work on the storm sewer pipe on the northerly property line of Lot 10 is needed, consideration should be given to straightening out the storm sewer line and revising the easement accordingly. Adopted by the City Council this 26th day of June, 2007. La Cc.)4 . . . Resolution 13229 Preliminary and Final Plat Hahn's Addition to Maryview June 26, 2007 ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor LalL/)4 . . . MEMORANDUM DATE: TO: FROM: SUBJECT: June 20, 2007 for the June 26, 2007 City Council meeting Hutchinson City Council Rebecca Bowers, AICP, Planning Director ZONING ORDINANCE AMENDMENT TO ADD SOLAR STRUCTURES AND WIND ENERGY CONVERSION SYSTEMS AS EXCEPTIONS TO HEIGHT LIMITATIONS Brief DescriDtion Minor ordinance changes are needed to except wind turbines and solar structures from the height limitations in the General Requirements section of the Zoning Ordinance. Backaround: On June 27, 2006, the City adopted a 1-year moratorium on privately-owned wind and solar energy generating systems to allow time for the City to conduct research and develop land use controls for these uses. At the June 12, 2007, City Council meeting, the City approved the new WECS ordinance. Minor revisions are needed to exempt WECS from the height limitations of the Zoning Ordinance. Staff reviewed the characteristics of solar energy systems and determined that separate regulation beyond the Building Code is not necessary; however, it should be added as an exception to the height limitations. Solar structures are currently defined in the Zoning Ordinance as "a structure designed for use of passive or active solar energy as part of its heating system. Solar structures are regulated by the Building Code as part of the primary structure. Plannina Commission Meetina: The Planning Commission held a public hearing and considered the ordinance amendment at their June 19, 2007, meeting. There was no one from the public who spoke on the item. Staff stated that the amendment is a minor technical change to exempt wind and solar structures from the height restriction in the Zoning Ordinance. There was no additional discussion from the Commission. Recommendation: The Planning Commission unanimously recommended approval of the attached ordinance amendment. v CC--'jS . . . ORDINANCE NO, 07- 0465 AN ORDINANCE AMENDING CHAPER 154 (ZONING) OF THE HUTCHINSON CITY CODE TO AMEND SECTION 154.022 TO ADD WIND ENERGY CONVERSION SYSTEMS AND SOLAR STRUCTURES AS EXCEPTIONS TO HEIGHT LIMITATIONS THE crTY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Notice of public hearing was duly given and publication of said hearing was duly made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend Section 154.022 of the City Code to add wind energy conversion systems and solar structures as exceptions to height limitations, as follows: S 154.022 EXCEPTIONS TO HEIGHT LIMIT A TrONS. The height limitations stipulated in this chapter shall not apply to the following: (A) Essential service structures, architectural features and the like. Church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, chimneys, smoke stacks, flag poles, radio and television towers, wind enen!v conversion svsterns. solar structures. masts and aerials and parapet walls extending not more than four feet above the limiting height of the building; (B) Places of public assembly. Places of public assembly in churches, schools and other permitted public and semi-public buildings; provided that they are located on the first floor of those buildings; provided that for each two feet by which the height of the building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district; and further provided that the Planning Commission shall find that the additional height will not be materially detrimental to surrounding property; or (C) Elevator penthouses and the like. Elevator penthouses (elevator machinery loft), monitors and scenery lofts, provided no linear dimension of any structure of this type exceeds 50% of the corresponding street lot line frontage. Fire towers, hose towers, cooling towers, grain elevators, industrial process towers, gas holders or other structures, where a manufacturing process requires a greater height, shall be excepted. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this lOth day of July, 2007. Attest: Gary D. Plotz City Administrator Steven W. Cook Mayor LoLu')r!J . . . Short Term 3.2 Malt Liquor Fee: $100.00 III Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151IFax: (320) 234-4240 City of Hutchinson APPLICATION FOR SHORT TERM 3,2 MALT LIQUOR LICENSE - ON SALE In provisions of the City of Hutchinson Municipal Code Chapter 112 All applications must be received at least 10 davs before City Council Meeting in order to be considered 3ZO-b'la - CIS' 3;;2..> Phone lVumber G-\~()c..~ City h\N State SS3,3<c, Zip fn\\J j'v-.\; <L R<>'&~ Applicant Name 'S 2-0 - '!S'(" 'i - Lj q C\J.) Phone Number ~AIi\E Al1l1licant Address City Zil1 State Officer(s)/Owner(s) of the OrganizationJBusiness (ifnecessary, list additional names on sel1arate sheet) . K\<::..\lj ~"'~ ~.Nl1 ('N\C\ N tk:\:<:I-.;""'..... ?..\l Name Title ~(\f\.l~ the, s. Hf"IS pf'l o hcu'Q.IY\Li\.J t-\njd..,.,.,&~ Rt.i\ Name Title 1""-.\\ "- R",a, ~N\.\ f" T'N\.. ,,-, ~....,..,\."'" ?u..\\ Name Title 3.2 Mall LiQuor Sales Information \A0-:.w-..., ,...S",,, h...Oj (b'lnc.\S Location of Sales jvJ~ \:5 ~ l'-i"''' ate(s) of Sales ~\\.(' ,~..., '1='\ K Contact Person ~""'-h: '~ Ave.. Address Checklist The following items need to be compleled and/or attached in order for Ihe application to be processed: Application fee paid in full (check or money order): w{es Aoolication comoleted in full and signed bv aoolicant: Dna s<,s Dno The above listed business hereby applies for a license 10 sell short-term 3.2 MALT LIQUOR for consumption "ON" those certain premises in the City of Hutchinson described above and to thai end represents and stale as follows: That said applicanI is a citizen of the Uniled States; of good moral character and repute; and has attained Ihe age of 21 years; that helshe is proprietor of this establishment for which the license will be issued if this applicalion is granted. That no manufacturer of such non-intoxicating malt liquors has any ownership, in whole or in part, in said business of said applicant or any interest Iherein. L1Ci) . . . City of Hutchinson Applicationfor ShorlTerm 3.2 Malt Liquor License - OnwSa/e Page 2 of2 That said applicant makes Ihis application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and hereby agrees 10 observe and obey Ihe same. Each Applicant further sIales that he/she is not now Ihe holder of, nor has he/she made applicalion for, nor does he intend to make application for a Federal Relail Dealer's Special tax stamp for the sale ofinloxicaling liquor. I declare that the informalion I have provided on this application is truthful, and I aulhorize the City of Hutchinson to investigate the information submitted. ~} " . K ld<VJ S nature of authorized applicant l,; - I C) - ,2c:><;,'7 Date Police Chief Recommendation o approved 0 denied Notes: Police ChiefSi~na/Ure Date lPCJ) Minnesota Depanment of Public Safety LIQUOR CONTROL DIVISION 444 Cedar St./Suite ] OOL St. Paul, MN 55101-2156 (612)296-6439 TDD (612)282-6555 @ APPLICATION AND PERMIT FOR A I TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE '::o'lL :5~? 356 , ~S~ Will the applicant contraCl for intoxicating liquor services? If so, give Ibe Dame and address of tbe Liquor license providing tbe service. Will the applicant call)' liquor liabUity insurance? [f so. the clUTi~r' s Dame and amount of coverage. (NOTE: Insurance is not mandatory) c:!.G L0 stJo. (){){) / (!(~"U<hl/' r_ . APPROVAL APPUCA nON MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO UQUOR CONTROL CJTY/COUNTY~U;\('Lf\'So'''''' DATE APPROVED CITY FEE AMOUNT ~,S. c:i:) Lr\.)~i1 LICENSE DATES - DATE FEE PAID - SIGNATURE CITY CL!::I{J; OR COUNTY OFFIC[AL APPROVED LIQUOR CON~. DIRECTOR NOTE: Do not .eparate the.e two part" .end both part' to the addre.. above and the original .Igned by thl3 dlyblon wlll be returned a. the license. SubmiI to the City or County aI [east 30 day. before the event. PS-09079(8/95) LD ( e') . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideratiou ofImprovement Project Chauge Orders DATE: June 26, 2007 As construction has proceeded on the below listed projects there have been additional work, projecI scope revisions, and construction staging revisions. All of these items have been identified and deemed necessary to satisfactorily complete the projects. The following Change Orders are proposed to address these ilems: o Change Order No.7 - Letting No. 2/Project No. 06-02 - Water Treatruent Plant Numerous minor to moderate construction changes have been identified over the last few months. This Change Order will account for the summation of these construction cost decreases and increases. Refer to attached Change Order document with supporting information for the total construction cost increase. We recommend that the above Change Orders be approved in the amounts listed. cc: Gary Plotz, City Administrator ~(s;-) . . . CHANGE ORDER NO.1 Owner City of Hutchinson Project Water Treatment Plant Reolacement Owner's Contract No. Lettinll No. 02 / Proiect No. 06-02 Date of Contract Start March 20 2006 Date June 12 2007 Contractor Gridor Construction $10420000.00 You are directed to make the following changes in the Contract Documents. DescriDtion of Chanlle Reauest: Change Request # 18: Delete reformatting of Owner's existing computer. Amount: .S4,1 29 .\}I) Change Request #28: Re-issued I&C riser diagrams. Amount: $1,835.00 Change Request #29: Antiscalent pump wiring changes. Amount: $3,404.00 Change Request #30: Additional generator signals and alanns. Amount: $4,751.00 Change Request #31: Electrical to alarms for the fire protection system. Amount: $] ,880.00 Change Request #32: Additional electrical cabling. ArnOWlt: $268.00 Change Request #33: Electrical to an operator interface device. Amount: $3,043.00 Change Request #35B: Additional check valve in the CIP system. Amount: $3,025.00 Change Request #37A: Additional air release valves on the RO waste piping. Amount: $2,214.00 Change Request #39: RO waste piping modifications. Amount: $6,942.00 Change Request #4OA: Chemical room drainage and containment. Amount: $4,500.00 Change Request #43: Additional check valves in the sanitary manholes. Amount: $8,149.00 Change Request #44: Additional check valve in the air scour piping. Amount: $1,757.00 Change Request #46: Additional butterfly valve in the well bypass piping. Amount: $4,102.00 Change Request #52: Additional butterfly valve in the, permeate fill and permeate return piping above the permeate storage tank. Amount: $5,070.00 Reason for Chan~e Reauest: Change Request #18: Existing computer was too old to warrant expense of this Work. Change Request #28: Various minor instrument and control changes. Change Request #29: Power requirements for the pumps required receptacles in lieu of hard wired connections. Change Request #30: Added selected signals to provide additional alanns and data to the SCADA system. Change Request #31: Power was not shown to electrical devices associated with the fire protection system. Change Request #32: Additional wire required to power a specific instrument. Change Request #33: Additional power circuit to panel in CIP area. Change Request #35B: Improve CIP operations and time to complete a CIP task by preventing reverse flow from the system piping while filling the tank without having to manually close a valve. Change Request #37 A: Allow for additional air relief within the RO waste stream piping. Change Request #39: The change reconfigures the waste from the RO skids to the correct outlet headers. The Owner is being compensated for the amount of this change. Change Request #40A: Chemical containment and minor drainage improvements to primarily assist cleaning related to operations and maintenance. Change Request #43: A void odor concerns when the plant is not in operation. Change Request #44: Provide additional protection to the blowers. Change Request #46: Improve control of the rate of the well water bypass because currently the sanitary sewer is the only waste outlet from the WTP. Change Request #52: Reduce the oxygenation in the permeate storage tank caused by a vacuum effect being created by the falling water in the piping. Attachments: I) Pricing information [Change Requests 18,28,29,30,31,32,33, 35B, 37A, 39, 40A, 43, 44, 46 & 52] from the Contractor. L\work\hutch\921I t\projmgt\Change Orders\Change Order #7 (Proposed).doc CO-7 Co (-t:) . . . CONTRACT PRICE Original: Previous CO.s (ADD): This CO. (AOD), $ 10 420 000.00 $ 263430.00 $ 46 811.00 Contract Price with all approved Change Orders: $10 730.241.00 CONTRACT TIMES (Calendar Dates) Substantial Final Comoletion Comnletion Original: Previous CO.s: Feb. 28 2007 June 30 2007 No time added No time added No time added No time added No time added No time added Feb. 28 2007 June 30 2007 Feb. 28 2007 June 30 2007 This e.O.: REVISED: Original Completion Date: Revised Completion Date: It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME A...~ AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By; Engineer (Authorized Signature) Date APPROVED, By: Owner (Authorized Signature) Date ACCEPTED: By: Contractor (Authorized Signature) Date Earth Tech, Inc. 9211] Project Nwnoo 7 Change Order No. L\work\hutch\92I ] 1 \projmgt\Change Orders\Change Order #7 (Proposed).doc CO-7 ~(f\ . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Amendment No.1 to Mn/DOT Cooperative Agreement No.88803-R for School Road Pedestrian Underpass Construction (Letting No. l/Project No. 07-01) DATE: June 26, 2007 As required by the MnJDOT's project administration process, a Supplemental Agreement formalized within a Cooperative AgreemenI Amendment musI be approved to include Ihe School Road Pedestrian Underpass construction wilbin lbe TH 7/15/22 Reconstruclion project. The work included in lbis agreement consists of lbe actual pre-cast concrele tunnel (box culvert) installation and the construction oflbe cast-in-place retaining wall immediately adjacent to lbe northerly tunnel opening. This work will be completed by C.S.McCrossan, TH 7/15/22 general contractor, per lbe negotiated construction unit-price Iotal of $ 713 ,249 .96. This cosI is slightly above (approximalely 10%) originally estimated costs due to construction complexities and necessary project coordination efforts, but lower than originally estimated property acquisition costs nearly negate these construction cost increases. Also addressed within lhis agreemenI is Ihe incorporation oflbe revised TH 7/22 detour to account for lbe revised project phasing for the 2007 construction season at a cost of$15,839.16 and the associated construction engineering costs aI a cost of$57,060.00. Thus, lbe total City cost for lhis agreement is $786,149.12 wilb $422,156.00 oflbat being funded wilb Federal Aid and lbe remainder be accounled for by Municipal State Aid and excess bond funds as previously discussed. A future City project letting will be held on Monday, July 9th, to accounI for lbe School Road narrowing, retaining wall installalions, bituminous trail construction and landscaping wilbin lbe surrounding project areas on each end of lbe tunnel. This project will be completed in three phases with lbe trails (and tunnel) being opened to lbe public in early to mid November (construction progress and wealber dependent)and the landscaping being fmished in lbe spring of2008. We recommend that the Resolution necessary for Amendment No, 1 to Mn/DOT Cooperative Agreement No. 88803-R be approved. cc: Gary Plotz, City Administrator Co l'J ') . . . RESOLUTION NO. 13230 RESOLUTION APPROVING AMENDMENT NO.1 TO MN/DOT AGENCY AGREEMENT #88803-R S.P.4302-44 (T.H.7=119) S.P.4304-51 (T.H. 15=151) S.P. 4308 - 25 (T.H. 22=22) S.P.4308-31 (T.H.22=22) S.P.4304-43016 S.P.4308-43X04 S.P. 133-090-002 City Proj. 07-01 Fed. Proj. STPX 4301 (012) Fed. Proj. HPPH MN144 (001) SCHOOL ROAD PEDESTRIAN UNDERPASS BE IT RESOLVED, that the City of Hutchinson enter into Amendment No. 1 to Mn/DOT Agreement No. 88803-R with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment, by the City of Hutchinson to the State of Minnesota, of the City of Hutchinson's share of the costs to construct a pedestrian box tunnel during the contract construction under Trunk Highway No. 7/22 approximately 375 feet west of School Road. BE IT RESOLVED. the Mayor and the City Administrator are hereby authorized and directed for and on behalf of the City of Hutchinson to execute the agreement and any amendments to the Agreement. Adopted by the Hutchinson City Council this 26th day of June, 2007. Mayor: Steven W Cook City Administrator: Gary D Plotz l, C5) , : . PRE-LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT AMENDMENT TO Mn/DOT AGREEMENT NO. 88803-R AMENDMENT NO. 1 S.P. 4302-44 (T.H. 7=119) S.P. 4304-51 (T.H. 15=151) S.P. 4308-25 (T.H. 22=22) S.P. 4308-31 (T.H. 22=22) S.P. 4304-43016 S.P. 4308-43X04 S.P. 133-090-002 City Proj. 07-01 Fed. Proj. STPX 4301 (012) Fed. Proj. HPPH MN144 (001) The State of Minnesota Department of Transportation, and The City of Hutchinson Re: City cost pedestrian box tunnel construction by the State on T.H. 7/22 AMOUNT ENCuMBERED (None) . AMENDMENT AMOUNT RECEIVABLE $363,993.12 TOTAL OBLIGATION $4,493,780.70 THIS AGREEMENT AMENDMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Hutchinson, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". . 1 LPl~) 88803-1 .. . WHEREAS, the State arid the City did enter into Agreement No. 88803 dated January 12, 2006 providing for payment by the City to the State of the City's share of the cost of the frontage road, City street, sidewalk, aesthetic concrete walk, aesthetic lighting, water main and sanitary sewer construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 7/22 from Shady Ridge Road to 5th Avenue North East and upon, along and adjacent to Trunk Highway No. 15 from 2nd Avenue to 5th Avenue within the corporate City limits under State Project No. 4302-44 (T.H. 7=119); and WHEREAS, after Agreement No. 88803 was fully executed, the City requested ahd the State agreed to perform pedestrian box tunnel construction during the contract construction under Trunk Highway No. 7/22 approximately 375 feet west of School Road, to avoid reconstructing the new Trunk Highway No. 7/22 construction at a later . date; and WHEREAS, the pedestrian box tunnel construction will be performed in accordance with Supplemental Agreement No. 4 to the construction contract with C.S. Mcrossan Construction, Inc.; and WHEREAS, a detour will be required to carry Trunk Highway No. 7/22 traffic on McLeod County roads during the pedestrian box tunnel and Trunk Highway No. 7/22 construction; and WHEREAS, compensation for road life consumed and maintenance of the Trunk Highway No. 7/22 detour will be provided for under Agreement No. 91045 between the State and McLeod County; WHEREAS, the State has requested and the City has agreed to participate in the cost of the pedestrian box tunnel construction, . 2 loC~) 1 88803-1 . associated construction engineering and the Trunk Highway No. 7/22 detour, as hereinafter set forth, and WHEREAS, the State and the City desire that Agreement No. 88803 be amended so that the Agreement reflects (1) that the State will perform pedestrian box tunnel construction in accordance with Supplemental Agreement No.4 to the construction contract and (2) the City will participate in the cost of the pedestrian box tunnel construction, associated construction engineering and the Trunk Highway No. 7/22 detour covered under Agreement No. 91045 with McLeod County, as hereinafter set forth, and WHEREAS, it is anticipated that Federal funding, not to exceed a maximum amount of $422,156.00, will be applied to the City pedestrian box tunnel cost participation construction, and if so, the cost of the City pedestrian box tunnel construction and associated . construction engineering will be reduced by the amount of Federal funding received therefore, and WHEREAS, upon completion of the contract construction, a Final SCHEDULE "I" shall be prepared to cover all of the City cost participation construction and associated construction engineering, excluding those City costs associated with Supplemental Agreement No. 4 to the construction contract, and WHEREAS, upon completion of the contract construction, a Final SCHEDULE "S.A. NO.4" shall be prepared to cover all of the City costs associated with Supplemental Agreement No.4 to the construction contract, including the pedestrian box tunnel construction, associated construction engineering and the Trunk Highway No. 7/22 detour covered under Agreement No. 91045; and . 3 LPCj) . . . 88803-1 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: I ARTICLE I OF AGREEMENT NO. 88803 DATED JANUARY 12, 2006, IS HEREBY AMENDED TO INCLUDE THE FOLLOWING: Section D. Pedestrian Box Tunnel Construction The State shall perform pedestrian box tunnel construction and other associated construction in accordance with Supplemental Agreement No.4 to the construction contract. II ARTICLE IV, SECTION B. OF AGREEMENT NO. 88803 DATED JANUARY 12, 2006, IS HEREBY AMENDED TO INCLUDE THE FOLLOWING: 6. 100 Percent minus all anticipated City Federal aid funding shall be the City's rate of cost participation in all of the pedestrian box tunnel construction and other associated construction in accordance with Supplemental Agreement No. 4 to the construction contract. The construction includes, but is not limited to, those construction items as tabulated on Sheets No.2 and No.. 3 of the attached SCHEDULE "S.A. No.4." 7. 50 Percent shall be the City's rate of cost participation in the Trunk Highway No. 7/22 detour covered under Agreement No. 91045 between the State and McLeod County as shown on Sheet No. 3 of the attached SCHEDULE "B.A. No.4." 4 (0(5) 88803-1 . III ARTICLE IV OF AGREEMENT NO. 88803 DATED JANUARY 12, 2006, IS HEREBY AMENDED TO INCLUDE THE FOLLOWING: Section F. City Cost May Include Anticipated Federal Aid It is anticipated that Federal funding, not to exceed a maximum amount of $422,156.00, will be applied to the City cost participation construction as indicated in Section B. of this article and to the associated construction engineering. City costs shall include an amount equal to all anticipated Federal funding not applied to the City cost participation construction and associated construction engineering. IV . ARTICLE V, SECTION A. OF AGREEMENT NO. 88803 DATED JANUARY 12, 2006, IS HEREBY AMENDED TO INCLUDE THE FOLLOWING: The State shall prepare a SCHEDULE "S.A. NO.4" that shall include the City pedestrian box tunnel construction cost share, based on estimated quantities and negotiated prices in accordance with Supplemental Agreement No.4, and the City Trunk Highway No. 7/22 detour cost share. The City shall advance to the Commissioner of Transportation the City's total estimated pedestrian box tunnel construction cost share, which does not include the construction engineering, and Trunk Highway No. 7/22 detour cost share as shown in the SCHEDULE "S.A. No.4." Advancement by the City shall be made upon execution and approval of this Agreement Amendment and the State's transmittal of it to the City along with a copy of the . 5 0JC5> '. 88803-1 . SCHEDULE "S.A. NO.4." and a written request from the State for the advancement of funds. v ARTICLE VI, SECTION B. OF AGREEMENT NO. 88803 DATED JANUARY 12, 2006, IS HEREBY AMENDED AND MODIFIED TO READ AS FOLLOWS: Section B. Final Payment by the City Upon completion and acceptance of the contract construction, computation of the final amount due the State's contractor, determination by the Federal Highway Administration of the amount of its reimbursement to the State, and determination of the final amount due McLeod County for the Trunk Highway No. 7/22 detour covered under Agreement No. 91045, the State shall prepare a Final SCHEDULE "T" and a Final SCHEDULE "S.A. NO.4" and submit a copy of each to the City. . The Final SCHEDULE "I" and Final SCHEDULE "S.A. NO.4" shall be based on the final cost of the Trunk Highway No. 7/22 detour covered under Agreement No. 91045, final quantities, and include all City cost participation construction items and the construction engineering cost share covered under this Agreement. In accordance with Article IV, Section F. of this Agreement, the Final SCHEDULE "S.A. No.4" shall also include City costs in an amount equal to all Federal funding not applied to the City cost participation construction and associated construction engineering. If the final cost of the City participation covered under this Agreement exceeds the amount of funds advanced by the City, the City shall, upon receipt of a request from the State, promptly pay the difference to the State without interest. If the final cost of the City participation covered under this Agreement is less than the . 6 loC ~) . . . 88803-1 amount of funds advanced by the City, the State shall promptly return the balance to the City without interest. Pursuant to Minnesota Statutes Section 15.415, the State waives claim for any amounts less than $5.00 over the amount of City funds previously advanced to the State, and the City waives claim for the return of any amounts less than $5.00 of those funds advanced by the City. VI ARTICLE VI, SECTION D. OF AGREEMENT NO. 88803 DATED JANUARY 12, 2006, IS HEREBY AMENDED AND MODIFIED TO READ AS FOLLOWS: Section D. Limited Use Permits The City shall apply, through the District's Right-of-Way Area Manager, for Limited Use Permits covering the City's liability and maintenance responsibilities, including repair and replacement, of the bikeways, multi-use trails and pedestrian box tunnel to be constructed within the State right-of-way. VII ARTICLE VI, SECTION E. OF AGREEMENT NO. 88803 DATED JANUARY 12, 2006, IS HEREBY AMENDED TO INCLUDE THE FOLLOWING: Upon completion of the pedestrian box tunnel construction to be performed"within the corporate City limits under Supplemental Agreement No. 4 to the construction contract, the City shall provide for the proper maintenance and replacement of the pedestrian box tunnel, without cost or expense to the State. Maintenance shall be 7 ~~ 88803-1 ~ in accordance with the Limited Use Permit on file in the office of the State's District Engineer. Upon completion of any pedestrian box tunnel lighting facilities construction to be performed within the corporate City limits, either under Supplemental Agreement No. 4 to the construction contract or at a future time, the City will provide for the proper maintenance of those facilities. Maintenance includes but is not limited to; replacing faulty luminaires and knocked down or otherwise damaged poles; repairing or replacing underground facilities and wiring; repairing service cabinets, photocells, and all other miscellaneous hardware to keep the pedestrian lighting facilities in working order; cleaning and relamping the luminaires; and painting the lighting facilities. The City will pay all monthly electrical service expenses necessary to operate the lighting facility. The City will be responsible for the hook-up cost and application to secure an ~ adequate power supply to the service pad or pole. VIII ARTICLE VI, SECTION H. OF AGREEMENT NO. 88803 DATED JANUARY 12, 2006, IS HEREBY AMENDED TO INCLUDE THE FOLLOWING: Upon completion of the pedestrian box tunnel construction to be performed within the corporate City limits under Supplemental Agreement NO.4 to the construction contract, the City shall thereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and reconstruction of pedestrian box tunnel and all of the facilities a part thereof constructed hereunder, without cost or expense to the State. . 8 v~ - 88803-1 . . IX EXCEPT AS AMENDED AND MODIFIED HEREIN, ALL OF THE TERMS AND CONDITIONS SET FORTH IN AGREEMENT NO. 88803 DATED JANUARY 12, 2007, SHALL REMAIN IN FULL FORCE AND EFFECT. X BEFORE THIS AGREEMENT AMENDMENT BECOMES BINDING AND EFFECTIVE, IT SHALL BE APPROVED BY A CITY COUNCIL RESOLUTION AND EXECUTED BY SUCH STATE AND CITY OFFICERS AS THE LAW MAY PROVIDE IN ADDITION TO THE COMMISSIONER OF TRANSPORTATION OR THEIR AUTHORIZED REPRESENTATIVE. XI . THE STATE'S AUTHORIZED AGENT FOR THE PURPOSE OF THE ADMINISTRATION OF THIS AGREEMENT IS MARYANNE KELLY-SONNEK, MUNICIPAL AGREEMENTS ENGINEER, OR HER SUCCESSOR. HER CURRENT ADDRESS AND PHONE NUMBER ARE 395 JOHN IRELAND BOULEVARD, MAILSTOP 682, ST. PAUL, MN 55155, (651) 366-4634. THE CITY'S AUTHORIZED AGENT FOR THE PURPOSES OF THE ADMINISTRATION OF THIS AGREEMENT IS GARY C. PLOTZ, CITY ADMINISTRATOR, OR HIS SUCCESSOR. HIS CURRENT ADDRESS AND PHONE NUMBER ARE 111 HASSAN STREET SOUTH EAST, HUTCHINSON, MN 55350-2522, (320) 234-4209. . 9 ~0 , 88803-1 ~ TESTIMONY WHEREOF the parties have executed this Agreement by their ~thorized officers. CITY OF HUTCHINSON By Mayor Date By City Administrator Date . . DEPARTMENT OF TRANSPORTATION Recommended for approval: By District Engineer Approved: By State Design Engineer Date Approved as to form and execution: By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date 10 loCLj) '. , . . . Date: May 29, 2007 S.P. 4302-44 (T.H. 7=119); S.P. 4304-51 (T.H. 15=151) S.P. 4308"25 (T.H. 22=22); S.P. 4308- 31 (T.H. 22=22) S.P. 133-090-002; S.P. 4304-43016; S.P. 4308-43X04 City Proj. 07-01; Fed. Proj. STPX 4301 (012); Fed. Proj. HPPH MNI44 (001) Pedestrian box tunnel construction performed under Supplemental Agreeement No.4 to State Contract No. S06005 with C. S. McCrossan Cons!. Inc. crossing under T.H. 7/22 approximately 375 feet west of School Road CITY COST pARTICIPATION S.P.4803-31 PEDESTRIAN TUNNEL (SA NO.4) (3) FEDERAL ELIGIBLE CONSTRUCTION 20% CITY 80% FEDERAL T.H. 7/22 Detour No Federal Aid TOTALS 570,599.97 142,649.99 713,249.96 15,839.16 $729,089.12 57,060.00 . $'786;149,12 ($422,156.00) $363,993,12 From Sheet No.3 From Sheet No.3 (Detour Costs) Construction + Detour Subtotals Construction Engineering (8%) (2) Construction, Detour + ConstrUction EngineeringSubtQtals Total Auticipated Federal Aid (Capped@$422,156.00) Total City S.A.No. 4 Costs 15,839.16 $15,839.16 $570,599.97 45,648.00 $616,247.97 ($422,156.00) $194,091.97 $142,649.99 11,412.00 $154,061.99 $15,839.16 $154,061.99 $15,839.16 CITY ADVANCE PAYMENT SCHEDULE $363,993.12 ($57,060.00) .$306,933:12 Total City S.A. No.4 Costs Minus Contruction Engineering (I) CityS,A, No. 4 Advance Payment (1) Amount of advance payment for Pedestrian Box Tunnel and T,H. 7/22 Detour, as described in Article V, Section A. of the amended al!'eement (Estimated amount) (2) Amount of total City obligation as described in Article IV, Seclion F. of the amended agreement (Estimated amounI) (3) Depicts construction and construction engineering that is eligible for federal aid. Any amount over the anticipated Federal Aid Cap is Ihe City's responsibility. <;;;- r~ ::::::..--' -1- ITEM S.P. 4308'3l .'. UNt1' 'QU:\N'flTY UNIT PRICE COST NUMBER S.A. NO. 4 JPEDESTRIAN TUNNEL' . III 2021.501 MOBILIZATION LUMP SUM 1.00 21,691.00 21,691.00 I. 2104.501 REMOVE WATER MAIN LIN FT 10.00 8.00 80.00 2104.501 REMOVE SEWER PIPE (SANITARY) LIN FT 60.00 8.00 480.00 21104.503 REMOVE BITUMINOUS WALK SQFT 810.00 0.65 526.50 2104.505 REMOVE BITUMINOUS PAVEMENT SQYD 280.00 2.50 700.00 2104.509 REMOVE MANHOLE OR CATCH BASIN EACH 1.00 350.00 350.00 2104.513 SA WING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 70.00 1.95 136.50 2104.523 SALVAGE CASTING EACH 1.00 350.00 350.00 2105.501 COMMON EXCA V A TION (P) CUYD 6,139.00 9.70 59,548.30 2105.522 SELECT GRANULAR BORROW MOD 10% (CV) (P) CUYD 4,770.00 16.86 80,422.20 2105.604 GEOTEXTILE FABRIC TYPE 111 SQYD 747.00 2.00 1,494.00 2401.513 TYPE MOD P-I RAILING CONC (3Y46) (P) CUYD 13.00 856.62 11,136.06 2411.501 STRUCTURAL CONCRETE (1A43) (P) CUYD 132.00 238.00 31,416.00 24 11.501 STRUCTURAL CONCRETE (3Y43) (P) CUYD 113.00 599.52 67,745.76 2411.511 STRUCTURE EXCA V A TION CLASS E (P) CUYD 8,280.00 9.05 74,934.00 2411.541 REINFORCEMENT BARS (P) POUND 15,450.00 0.94 14,523.00 2411.541 REINFORCEMENT BARS (EPOXY COATED) (P) POUND 21,410.00 1.16 24,835.60 2411.618 ARCH SURF ACE FINISH (SINGLE COLOR) (P) SQFT 1,150.00 2.00 2,300.00 2411.618 ARCH CONC TEXTURE (SPLIT STONE) (P) SQFT 1,150.00 25.00 28,750.00 2412.51 I 14' X 10' PRECAST CONCRETE BOX CULVERT (P) LIN FT 192.00 1,031.60 198,067.20 2451.51 I COARSE FILTER AGGEGA TE (P) CUYD 280.00 36.00 10,080.00 2501.515 12" RC PIPE APRON EACH 1.00 365.00 365.00 2503.521 36" SPAN RC PIPE-ARCH SEWER CL 111 LIN FT 74.00 136.00 10,064.00 2503.541 12" RC PIPE SEWER DESIGN 3006 CL 11 LIN FT 73.00 34.00 2,482.00 2503.541 12" RC PIPE SEWER DESIGN 3006 CL IV LIN FT 103.00 34.00 3,502.00 2503.54 I 18" RC PIPE SEWER DESIGN 3006 CL IV LIN FT 155.00 40.00 6,200.00 2503.602 CONSTRUCT SANITARY SEWER MANHOLE EACH. 1.00 3,850.00 3,850.00 2504.602 RELOCATE I" CURB STOP & BOX EACH 1.00 \50.00 150.00 2504.602 RELOCATE HYDRANT AND VALVE EACH 1.00 1,625.00 1,625.00 2504.603 I" TYPKE K COPPER PIPE LIN FT 13.00 31.53 409.89 2506.50 I CONST DRAINAGE STRUCTURE DESIGN F LIN FT 12.80 210.00 2,688.00 2506.501 CONST DRAINAGE STRUCTURE DESIGN N UN FT 10.30 252.00 2,595.60 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPECIAL I EACH 1.00 14,425.00 I 14,425.00 (1) 80% FEDERAL, 20% CITY . , .88803-1 . <E;" 8 C/ - 2- . ITEM S,P,4308'3.1 . UNIT .... !,QJ1~n'l'Y UNiT'FlUCE COST NUMBER S.A, NO, 4 (PEDESTRIAN TuNNEL) . . (1) 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPECIAL 2 EACH 1.00 15,235.00 I 15,235.00 2506.516 CASTING ASSEMBLY EACH 6.00 520.00 3.120.00 2571.602 TREE PROTECTION EACH. 3.00 150.00 450.00 2573.530 STORM DRAIN INLET PROTECTION EACH 6.00 150.00 900.00 2575.50 I SEEDING ACRE 2.00 ]10.00 220.00 2575.505 SODDING, TYPE EROSION CONTROL SQYD 48.00 12.00 576.00 2575,S II MULCH MATERIAL TYPE 3 TON 4.00 120.00 480.00 2575.519 DISK ANCHORING ACRE 2.00 110.00 220.00 2575.532 COMMERCIAL FERTILIZER ANALYSIS 20-10'20 POUND 700.00 0.80 560.00 2575.608 SEED MIXTURE 250 POUND 140.00 3.00 420.00 PRIME CONTRACTOR ALLOWANCE LUMP SUM 1.00 13,146.35 13.146.35 TOTAL $713,249.96 m8~fllQllR;\L . . _._n _" . $570.~92.J.2 20% CITY ,SI42,649,99~ ---...-..---.---- --------- .-.--- (1) 80% FEDERAL, 20% CITY . . , ~ 88803-1 ~ o ITEM. S.P.4308-31 " UNIT QllANTI'l'Y 1 "UNiTFlUcE COST NUMBER T.H, 7/22 DETOUR COSTS . DETOUR COSTS FROM AGREEMENT NO. 91045 WITH MCLEOD COUNTY TOTAL $31.678.32 (2)SO'v.STATE . $15,~39.16 50% CI'l'Y $15,839.16 I. (2) 50% STATE, 50% CITY -3- . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer John Paulson, Regulatory Specialist RE: Consideration of Items for Old Armory Dump Site Closure DATE: June 26, 2007 The Minnesota Pollution Control Agency has assisted City Slafflo identifY the exact equipmenI and inslallations required to complete the Old Armory Dump Site Closure per the previously MPCA approved Response Action Plan. At this point, City staff has eSlablished the fmal cost of the MPCA required equipment and installations to be $47,870.10. This amounI includes costs from the MPCA, Braun Intertec, equipment suppliers and an electrician. The previous Council approved budget amountto address this issue was $32,000.00. Thus, City staffformally requests a budgeI adjustment to $48,000.00 to complete these required activilies. This funding has and would continue to be allocated to the Excess Bond Fund. We recommend that the budget to complete the Old Armory Dump Site Closure be approved in the amount of $48,000. cc: Gary Plotz, City Administrator vi"} . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer Randy DeVries, Water/Wastewater Manager RE: Consideration of an Amendment to the Design Services Agreement with Donahue & Associates, Inc. for the Wastewater Treatment Facility Improvements (Letting No. 4/Project No. OHl4) DATE: June 26, 2007 A Design Services Agreement Amendment for the redesign of the WWTF improvements waler supply system and the preparation of a mercury management plan for the plant expansion has been prepared by Donahue & Associales, Inc., the WWTF consulting engineer. Proper sizing of the new water supply pumps and piping system to include existing screenings washer compactor and sludge pump seal water will reduce the amount of City water used within these processes. The mercury management plan is required by the Minnesota Pollution Control Agency. The proposal to complete this work is in the noI-to-exceed amoWlt of $ 17,000.00. We recommend that the attached Design Services Agreement with Donahue & Associates, Inc. be approved in the amount of $17,000. cc: Gary Plotz, City Administrator CoO) . . . . AMENDMENT NO.1 to ENGINEERING SERVICES AGREEMENT Hutchinson Wastewater Treatment Plant Improvements (Project) Construction Related Engineering Services Executed November 14, 2006 This Amendment is by and between: City of Hutchinson (Owner) Hutchinson City Center 111 Hassan Street SE . Hutchinson, MN 55350 and Donohue & Associates, Inc. (Donohue) 3311 Weeden Creek Road Sheboygan, WI 53081 Who agree to amend the original Agreement, as follows: PART I - B. SCOPE OF SERVICES The services have been modified to include the following additional activities: 6.0 Mercury Pollutant Minimization Plan 6.1 Compile wastewater treatment facilities influent and effluent mercury sampling data from January 2002 to December 2006. 6.2 Identify existing and potential sources of mercury concentrations and/or loadings to the WWTP. 6.3 Evaluate the past and present WWTP operations to determine those operating procedures that maximize mercury removal. 6.4 Prepare a summary of any mercury reduction activities implemented during the last five years. 6.5 Develop a plan for implementing mercury management and reduction measures during the next five years. 6.6 Present the plan to the Owner. 7.0 Plant Water Supply System Design (gC') . . . . 7.1 Size the new plant water supply pumps and piping system to include existing screenings washer compactor and sludge pumps seal water to reduce cost of using City water. PARTIn-A. COMPENSATION Compensation for the services set forth in Part I shall be increased $17,000, resulting in a total contract amount of$609,135. APPROVED FOR OWNER APPROVED FOR DONOHUE By: By: Printed Name: Edward S. Nevers. P.E. Title: Printed Name: Title: Vice-President Date: Date: lJi( I) nn:.=t*~'Rt~ .. ; !"~,~ . I .. ' , '.. ., ,,~.'t;::~'~:~'ii~:~II'.~~'~I~:'~~:::::~'~'.,J1 ',r. .. ,.. ._.~ pti . .,j~ -... ..'~"-'."'''''III:.::c~::.iJ!~1''1 ~-a;.. l!' ."-",;",,,uiJJL.; r ~ ~ I ~f I ~.~ r ~. t! ~~mE. firj'....... 'f.' M' '!""!"fj"~"'f1-""...1"""" 'tL".l~t""'" .",'~n...nu..<....n..w.. ......~.,. ~~mJ~j~I;Iii;H;I~~i~i~~i';~~~I~~~~fili;i;';~~f:t~~!i!ll~iI1~I~I~I; Actual Billing May.o7 Apr.o7 Mar..07 Feb.07 Jan-G7 Dee-OS Nov-Q6 Oct-06 Sop-06 Aug-06 Jul-06 Jun...OS Account $1,225.1 $11260,'12 $942.62 '1 :237.84 S9B3.63 $1.294.65 $921.00 $1.117.54 $94937 $1,168.19 S 1 ,040.89 S11100.02 5'1.032..35 $1.316,83 S1,129.26 $1 ;418.30 !89a.02 $1.169,80 $1.448.05 51.331.17 S960.31 $1.240,08 $1124 'f .15 $1,315.e5 216 80559 524485.83 S2,180A6 $2,2'78.28 $2,039.44 $2,117.96 $2.140.9 $2,349',18 S2t547.56 $2,087..62 $2t779.82 $2.220.39 $2.556.80 Ac,tull MldwGSl Total - Actual Minutes Used 16247 10642 3140 9887 1231 J 9253 '12431 8237 12855 9078 2932 7978 15269 11298 6870 1788 14-51 0 9177 17903 10040 6082 8897 17539 10579 216 80559 .~1I .'l~1 'i038~ ' $7~ -- - ," , . CttY ~.u . .~~: ~.~ ~'. ;~1. . m-;.' -:'t*. ~: ~: ~ ," 'J~ ~QleJ CIhf .aU1.nJ~~_~;~'*'"r- ."Iai~ ~ ~'U.ft9j9i' "'~Itm: '(03110- 1620..81 (5) Proposed spii,c Blrn-fl&i {fi;00D SallJngt' Totar 12 mant" ~v1ng.(2.}_ ~l., ... CItyM to M 510 7 9099 City M to M 10106 111~10 This pricIng 1ncIudes: 6 lines vn'th4000 BE plan <<II $1'12.49 · $674.94 84 lines with AAP plan at $'15.00 · $1260 9 Ilfles wilh Visfon @ S 1 t .25- '101.25 Total ;: $2036.19 We' would monitor the usoago for tho nrsllwo months and b~ck oU the plsn, Rick wou'd give os a ~redilf~r lha oxlra 4000 m~nutes per month 11 wo dId not require them. We wou~Q bQ ablo 10 watch our minutes in.the fu'lure and up the plan as necos:s.ary to avo~d the per mlnut~ charge of $0,45, . Oelobor and Moy were lhe two highest use months. ThO mobllo \0 mob]lc minutes were subtracled 10 colculato the minutes' needed by Sprint. Hlghoat use month was May 2007 17.790 mlnUI Q~~ S2IB54.7'3 $2,250.00 Buyout existing contracts Clly Purchase new PDA's City. B I:fl $250 Other Expenses ~ ,-....... ~,' '-./ . . . . CITY OF HUTCHINSON MEMO Finance Department June 21, 2007 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: RESOLUTION AUTHORIZING BONDING FOR WWTP A resolution to authorize the issuance of $14,774,600 for the wastewater project by the State of Minnesota is being prepared by the Dorsey law firm, We will have a copy of the document at Tuesday's City Council meeting for council consideration. H:\DOC\City council memo I.doc Co (V-"y . CERTIFICATION OF MINUTES RELATING TO $14,774,600 GENERAL OBLIGATION SEWER REVENUE NOTE, SERIES 2007 Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on June 24, 2007, at 5:30 o'clock p.m., in the Council Chambers at the Hutchinson City Center. Counci1members present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): 1 through 11 RESOLUTION NO. I RESOLUTION RELATING TO $14,774,600 GENERAL OBLIGATION SEWER REVENUE NOTE; AUTHORIZING THE ISSUANCE, FIXING THE FORM AND DETAILS THEREOF, AND PROVIDING FOR THE SECURITY THEREFOR . I, the undersigned, being the duly qualified and acting recording officer of the . public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. 2007. WITNESS my hand officially as such recording officer this day of June, Gary D. Plotz, City Administrator (SEAL) . (f) (f~ ) Counci1member introduced the following resolution and . moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. \'~Z3 \ RESOLUTION RELATING TO $14,774,600 GENERAL OBLIGATION SEWER REVENUE NOTE; AUTHORIZING THE ISSUANCE, FIXING THE FORM AND DETAILS THEREOF, AND PROVIDING FOR THE SECURITY THEREFOR BE IT RESOLVED by the City Council (the "Council") of the City of Hutchinson, Minnesota (the "City"), as follows: SECTION 1. RECITALS. 1.01. Authorization. This Council has undertaken, or will undertake, improvements pursuant to Minnesota Statutes, Section 444.075, as amended (the "Act"), to its sewage plant and sanitary sewer system (the "System") consisting of the construction of improvements to the sanitary sewer treatment plant (the "Project"), as described in the Loan Agreement described in Section 1.03 hereof), and all proceedings necessary to the undertaking and construction of the Project have been or will be duly and lawfully conducted pursuant to and in accordance with the provisions of the Act. . 1.02. Authorization. The City is a political subdivision of the State of Minnesota and is authorized and empowered by the provisions of the Act to borrow money from and issue its general obligation sewer revenue notes to the Minnesota Public Facilities Authority (the "PF A") for the purpose of providing funds for payment of the costs of the Project, as provided in the Act. Under the Act, no election is required to authorize the issuance of the such bonds, and the bonds shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provisions or limitations. 1.03. PF A Offer. The PF A has agreed, subject to certain terms and conditions contained in the Public Facilities Authority Bond Purchase and Project Loan Agreement to be entered into between the City and PFA (the "Loan Agreement"), to lend the City $14,774,600 from its Clean Water Revolving Fund (the "PFA Loan") in order to finance a portion of the cost of the Project. This Council hereby accepts such offer, authorizes the execution of the Loan Agreement by the Mayor and City Administrator and agrees to issue its General Obligation Sewer Revenue Note (the "Note"), to the PF A evidencing such obligations. The proceeds from the Note will be disbursed to the City from the PF A on a cost reimbursement basis consistent with a budget presented to the PF A in connection with the application for financing. 1.04. Sale. The offer of the PF A to lend the City funds in the aggregate amount of $14,774,600, as described in Section 1.03 above, is reasonable and advantageous to the City and is hereby accepted and the terms of the Loan Agreement are incorporated by reference herein. In the case of any conflict between the terms of the Loan Agreement and the terms of this . Resolution, the terms of the Loan Agreement shall control and shall be deemed to amend and (PC~ . supplement this Resolution without further action or instrument in writing. The PF A has represented to the City that it is a duly organized agency of the State of Minnesota, and the City is authorized under Minnesota Statutes, Section 475.60, Subdivision 2(4), to sell its obligations directly to an agency of the State of Minnesota. All acts, conditions, and things that are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed prior to the issuance of the Note having been done, existing, and having happened, it is now necessary for this Council to establish the form and terms of the Note, to provide for the security thereof, and to issue the Note forthwith. SECTION 2. TERMS AND EXECUTION. 2.01. Series 2007 Note. In order to finance a portion of the cost of the Project and to evidence the loan rcferred to in Section 1.03 hereof, the City shall forthwith issue a series of Notes to be designated "General Obligation Sewer Revenue Note, Series 2007" (the "Series 2007 Note"), in the principal amount of $14,774,600. The Series 2007 Note shall be dated as of the date of its delivery to the PF A and shall be payable in semiannual installments of principal on the dates and in the amounts set forth below. . Date Principal Interest* Total Pavment February 20, 2009 $158,826.95 $158,826.95 August 20, 2009 $375,000.00 158,826.95 553,826.95 February 20, 2010 154,789.25 154,789.25 August 20, 2010 711,000.00 154,789.25 865,789.25 February 20,2011 147,149.00 147,149.00 August 20,2011 726,000.00 147,149.00 873,149.00 February 20,2012 139,341.50 139,341.50 August 20,2012 741,000.00 139,341.50 880,341.50 February 20,2013 131,375.75 131,375.75 August 20, 2013 757,000.00 131,375.75 888,375.75 February 20, 2014 123,238.00 123,238.00 August 20, 2014 774,000.00 123,238.00 897,238.00 February 20, 2015 114,917.50 114,917.50 August 20,2015 790,000.00 114,917.50 904,917.50 February 20, 2016 106,425.00 106,425.00 August 20, 2016 807,000.00 106,425.00 913,425.00 February 20, 2017 97,749.75 97,749.75 August 20, 2017 825,000.00 97,749.75 922,749.75 February 20, 2018 88,881.00 88,881.00 August 20, 2018 842,000.00 88,881.00 930,881.00 February 20, 2019 79,829.50 79,829.50 August 20,2019 861,000.00 79,829.50 940,829.50 February 20, 2020 70,573.75 70,573.75 August 20, 2020 879,000.00 70,573.75 940,573.75 February 20, 2021 61,124.50 61,124.50 August 20,2021 898,000.00 61,124.50 959,124.50 February 20, 2022 51,471.00 51,471.00 . -2- Lo {k-J Date Principal 1nterest* Total Pavment . August 20, 2022 $917,000.00 $51,471.00 $ 968,471.00 February 20, 2023 41,613.25 41,613.25 August 20, 2023 937,000.00 41,613.25 978,613.25 February 20,2024 31,540.50 31,540.50 August 20, 2024 957,000.00 31,540.50 988,540.50 February 20,2025 21,252.75 21,252.75 August 20, 2025 978,000.00 21,252.75 999,252.75 February 20, 2026 10,739.25 10,739.25 August 20, 2026 999,000.00 10,739.25 1,009,739.25 *Interest payment amount assumes full disbursement of principal amount of the Series 2007 Note on August 20, 2007, and no prior prepayment of the Series 2007 Note. . The Series 2007 Note shall bear interest at the rate of 2.15% per annum from the date of issue through the date on which no principal remains unpaid; provided, however, that interest shall accrue only on the aggregate principal amount of the Series 2007 Note actually disbursed by the PF A. Ifthe City notifies the PF A that not all of the authorized principal amount of the Series 2007 Note is to be disbursed, the balance of the amounts undisbursed is to be applied to the principal installments set forth above on a proportionate basis and such payments reamortized, based on the actual amount of the PF A Loan disbursed. Interest shall be payable on each February 20 and August 20, commencing February 20,2009. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. The principal of and interest on the Series 2007 Note shall be payable to the registered holder thereof at the address appearing on the Series 2007 Note register of the City on the date of payment. 2.02. Redemption. The City shal1 have the option to prepay the Note in whole or in part on any February 20 or August 20, upon forty-five days prior written notice to the PF A and subject to approval by the PF A at is sole option and discretion at a price equal to 100% of the principal amount to be prepaid, together with accrued interest to the redemption date and a premium equal to all fees and expenses of the PF A incurred in connection with such prepayment as determined by the PF A in its sole discretion. In the event that special assessments and/or connection charges from another municipality are pledged to the repayment ofthe PF A Loan and the City receives prepayments or lump sum payments of such special assessments and/or connection charges, the City is hereby required, and hereby agrees, to immediately notify the PF A and transmit the funds within ten days to the PF A for payment on the Note and the PF A Loan, unless the PF A, in its sole option and discretion, directs the City to use the funds for the payment of eligible construction costs, or transmit the funds at a later date to the PF A for payment on the Note or the PF A Loan. . Any such payment received by the PF A may be applied to reduce each unpaid annual principal installment required with respect to the PF A Loan in the proportion that such installment bears to the total of all unpaid principal instal1ments, or, in the sole option and discretion of the PF A, may be applied to a future principal payment on the PF A Loan and the Note in a manner determined by the PF A -3- 0(}:~ ) . . . Any payments received by the PF A in excess of the principal of and interest on the PF A Loan and the Note not expressly designed by the City to be treated as a prepayment may, in the sole discretion of the PF A, be (i) held without interest payable by the PF A and applied to the next payment due on the Note, (ii) treated as a prepayment of principal on the Note; or (iii) returned to the City as an overpayment. 2.03. Registration. The Note shall be fully registered as to both principal and interest and shall be initially registered in the name of and payable to the PF A. While so registered, principal of and interest on the Note shall be payable at the address of the registered holder thereof, as it appears on the note register maintained by the City Finance Director, or such other place as may be designated by the registered holder in writing, and delivered to the City Finance Director. The City Finance Director shall act as note registrar and as such shall establish and maintain a note register for the purpose ofrecording the name and addresses of the registered holder and its assigns, and the date of registration of any transfer. 2.04. Execution and Delivery. The Note shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signature of the Mayor and attested by the City Administrator. When the Note has been so executed and authenticated, it shall be delivered by the City Administrator to the PF A. 2.05. Assignment and Exchange. The Note shall be transferable by the registered owner or the owner's attorney duly authorized in writing upon presentation thereof to the City Administrator together with a written instrument of transfer satisfactory to the City Administrator and duly executed by the registered owner or the owner's attorney. The following form of assignment shall be sufficient for the purpose: For value received hereby sells, assigns and transfers unto the within Note of the City of Hutchinson, Minnesota, and does hereby irrevocably constitute and appoint , Attorney, to transfer the Note on the books of the City with full power of substitution in the premIses Dated: Such tranBfer shall also be noted on the Note and in the note register. No service charge shall be made for such transfer, but the City may require payment of a sum sufficient to cover any tax, fee or governmental charge or other expense incurred by the City with respect thereto. SECTION 3. FORM OF NOTE. 3.01. The Note shall be in substantially the following form: -4- lP{~) . UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON GENERAL OBLIGATION SEWER REVENUE NOTE SERIES 2007 R-1 $14,774,600 The City of Hutchinson, Minnesota (the City), acknowledges itself to be indebted and for value received hereby promises to pay to the Minnesota Public Facility Authority (PF A), or registered assigns, the principal sum of Fourteen Million Seven Hundred Seventy-Four Thousand Six Hundred Dollars ($14,774,600), or such lesser amount as may be advanced by the PFA to the City hereunder, in the following installments on the following dates: . Date Principal Interest' Total Pavment February 20, 2009 $158,826.95 $158,826.95 August 20, 2009 $375,000.00 158,826.95 553,826.95 February 20, 2010 154,789.25 154,789.25 August 20,2010 711,000.00 154,789.25 865,789.25 February 20, 2011 147,149.00 147,149.00 August 20, 2011 726,000.00 147,149.00 873,149.00 February 20,2012 139,341.50 139,341.50 August 20, 2012 741,000.00 139,341.50 880,341.50 February 20, 2013 131,375.75 131,375.75 August 20, 2013 757,000.00 131,375.75 888,375.75 February 20, 2014 123,238.00 123,238.00 August 20, 2014 774,000.00 123,238.00 897,238.00 February 20, 2015 114,917.50 114,917.50 August 20, 2015 790,000.00 114,917.50 904,917.50 February 20, 2016 106,425.00 106,425.00 August 20, 2016 807,000.00 106,425.00 913,425.00 February 20, 2017 97,749.75 97,749.75 August 20, 2017 825,000.00 97,749.75 922,749.75 February 20, 2018 88,881.00 88,881.00 August 20, 2018 842,000.00 88,881.00 930,881.00 February 20, 2019 79,829.50 79,829.50 August 20,2019 861,000.00 79,829.50 940,829.50 February 20,2020 70,573.75 70,573.75 August 20, 2020 879,000.00 70,573.75 940,573.75 February 20, 2021 61,124.50 61,124.50 August 20, 2021 898,000.00 61,124.50 959,124.50 February 20,2022 51,471.00 51,471.00 August 20, 2022 $917,000.00 $51,471.00 $ 968,471.00 -5- ~{KJ ------------ ------- . Date Principal Interest* Total Pavment . February 20, 2023 41,613.25 41,613.25 August 20, 2023 937,000.00 41,613.25 978,613.25 February 20, 2024 31,540.50 31,540.50 August 20, 2024 957,000.00 31,540.50 988,540.50 February 20, 2025 21,252.75 21,252.75 August 20, 2025 978,000.00 21,252.75 999,252.75 February 20, 2026 10,739.25 10,739.25 August 20, 2026 999,000.00 10,739.25 1,009,739.25 . . *Interest payment amount assumes full disbursement of principal amount of the Series 2007 Note on August 20,2007, and no prior prepayment of the Series 2007 Note. and promises to pay interest from the date hereof on the installments of principal from time to time remaining unpaid at the rate of 2.15% per annum, from the date hereof through the date on which no principal remains unpaid, said interest being payable semiannually on February 20 and August 20 of each year, commencing February 20, 2009. The principal installments of and interest on this Note are payable by check or draft mailed five days prior to the payment date to the address of the registered holder hereof as it appears on the note register ofthe City as of the payment date, in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts. For the prompt and full payment of such principal installments and interest when due, the full faith, credit and taxing powers of the City are hereby irrevocably pledged. This Note constitutes an issue in the aggregate principal amount of $14,774,600, which, together with the City's General Obligation Sewer Revenue Note, Series 2007, is issued to defray a portion of the cost of the improvement ofthe City's sewage plant and sanitary sewer system (the System), including the construction of improvements to the sanitary sewer treatment plant (the Project), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 444.075 and Chapter 475, as amended. This Note is being issued in conformity with the terms of a Public Facilities Authority Bond Purchase Agreement and Project Loan Agreement, dated , 2007, between the City and the PF A (the Loan Agreement). In the case of any conflict between the terms of the Loan Agreement and the terms of this Note, the terms of the Loan Agreement shall control and shall be deemed to amend this Note without further action or instrument in writing. The City shall have the option to prepay this Note in whole or in part on any February 20 or August 20, upon forty-five days prior written notice to the PFA at a price equal to 100% of the principal amount to be prepaid, together with accrued interest to the redemption date and a premium equal to all fees and expenses of the PF A incurred in connection with such prepayment as determined by the PF A in its sole discretion. In the event that special assessments and/or connection charges from another municipality are pledged to the repayment of the PF A Loan and the City receives prepayments or lump sum payments of such special assessments and/or connection charges, the City is hereby -6- It{K) . required, and hereby agrees, to immediately notify the PF A and transmit the funds within ten days to the PF A for payment on this Note and the PF A Loan, unless the PF A, in its sole option and discretion, directs the City to use the funds for the payment of eligible construction costs, or transmit the funds at a later date to the PF A for payment on this Note or the PF A Loan. Any such payment received by the PF A may be applied to reduce each unpaid annual principal installment required with respect to the PF A Loan in the proportion that such installment bears to the total of all unpaid principal installments, or, in the sole option and discretion of the PF A, may be applied to a future principal payment on the PF A Loan and this Note in a manner determined by the PF A Any payments received by the PF A in excess of the principal of and interest on the PF A Loan and this Note not expressly designed by the City to be treated as a prepayment may, in the sole discretion of the PF A, be (i) held without interest payable by the PF A and applied to the next payment due on this Note, (ii) treated as a prepayment of principal on this Note; or (iii) returned to the City as an overpayment. . This Note shall be registered in the name of the owner on the note register of the City kept by the City Finance Director as Note Registrar. This Note is transferable by the registered owner or the owner's attorney duly authorized in writing, upon presentation hereof with a written instrument of transfer satisfactory to the City and duly executed by the registered owner or the owner's attorney, subject to reimbursement for any tax, fee or governmental charge or other expense incurred by the City with respect to such transfer. Such transfer shall be noted on the note register and hereon. The City may treat the person in whose name this Note is registered as the absolute owner hereof, whether this Note is overdue or not, for the purpose of receiving payment of principal and interest and all other purposes, and shall not be affected by any notice to the contrary. INTEREST ON THIS NOTE IS INCLUDABLE IN GROSS INCOME OF THE OWNER HEREOF FOR FEDERAL INCOME TAX PURPOSES AND IN TAXABLE NET INCOME OF INDIVIDUALS, ESTATES OR TRUSTS FOR MINNESOTA INCOME TAX PURPOSES. The City may deem and treat the person in whose name this Note is registered as the absolute owner hereof, whether this Note is overdue or not, for the purpose of receiving payment and for all other purposes, and the City shall not be affected by any notice to the contrary. . IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Note in order to make it a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed as so required; that for payment of this Note the City has covenanted and agreed with the owners ofthis Note that it will impose and collect charges for the service, use and availability of the System and that it will levy and collect special assessments and that it will impose and collect charges for the service, use and availability of the System according to schedules sufficient to produce amounts adequate to pay all principal of and interest on this Note and any other bonds or notes payable therefrom, as such principal and -7- tc(~) . . . interest respectively become due; that, if necessary to pay such principal and interest, the City is required by law to levy ad valorem taxes upon all taxable property within its corporate limits, without limitation as to rate or amount; and that the issuance of this Note does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF the City of Hutchinson, Minnesota, by its City Council, has caused this Note to be executed on its behalf by the signature of the Mayor, attested by the signature of the City Administrator, and has caused this Note to be dated as of ,2007. ATTEST: City Administrator Mayor NO WRITING HEREON EXCEPT BY THE CITY FINANCE DIRECTOR AS NOTE REGISTRAR The Note Registrar has transferred on the books ofthe City of Hutchinson, Minnesota, on the last date noted below, to the registered assign noted opposite said date, ownership of the principal amount of and interest on this Note, except the amounts of principal and interest theretofore paid: Date of Transfer Registered Assign Signature of Note Registrar [End of Note Form.] SECTION 4. USE OF PROCEEDS; SECURITY PROVISIONS. 4.01. Construction Fund. There is hereby established and the City Finance Director shall maintain a fund designated as the General Obligation Sewer Revenue Note, Series 2007 Construction Fund (the "Construction Fund") as a separate and special bookkeeping account on the official books and records of the City. There shall be deposited into the Construction Fund all proceeds from the sale of the Note to the PF A and the Note shall be the only source of amounts credited to the Construction Fund. To the extent that sale proceeds of the Note are received in reimbursement for costs expended on the Project such amounts need not deposited in the Construction Fund upon receipt but may be applied immediately to reimburse the source -8- lac k ') . from which the expenditure was made. Amounts in the Construction Fund shall be used solely for the purpose of paying for the cost of constructing the Project, including all costs enumerated in Minnesota Statutes, Section 475.65, provided that such amounts shall only be expended for costs and expenses that are permitted under the Loan Agreement. The PF A prohibits the use of the proceeds of the Note to reimburse costs initially paid from proceeds of other obligations of the City. Upon completion of the Project and the payment of the costs thereof, any surplus shall be transferred to the Note Fund. . 4.02. Note Fund. So long as the Note is outstanding and any principal of or interest thereon unpaid, the City Finance Director shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation Sewer Revenue Note, Series 2007 Sinking Fund (the "Note Fund"), and the principal of and interest on the Note shall be payable from the Note Fund. The City irrevocably appropriates to the Note Fund (i) any special assessments levied and collected with respect to the Project, (ii) all net revenues herein pledged and appropriated to the Note Fund; and (iii) all other moneys as shall be appropriated by the City to the Note Fund from time to time. If the balance in the Note Fund is at any time insufficient to pay all interest and principal then due on the Note payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Note Fund when the balance therein is sufficient. The City shall deposit in the Note Fund the proceeds of all special assessments levied and all other money which may at any time be received for or appropriated to the payment of such bonds or notes and interest thereon, including the net revenues herein pledged and appropriated to the Note Fund, all collections of any ad valorem taxes levied for the payment of the Note and all other moneys appropriated to the payment of the Note and the interest, if any, thereon. 4.03. Sufficiencv of Revenues. It is hereby found, determined and declared that the City owns and operates the System as a revenue-producing utility and convenience; and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with the anticipated collection of any special assessments levied with respect to the Project, for the payment when due of the principal of and interest on the Note and on any other outstanding bonds or notes of the City to which such revenues are pledged. . 4.04. Rate Covenant; Pledge of Revenues: Additional Note. Pursuant to the provisions of Minnesota Statutes, Section 444.075, as amended, the City hereby covenants and agrees with the owners from time to time of the Note that so long as the Note is outstanding, the City will impose and collect reasonable charges for the service, use and availability of the System to the City and its inhabitants according to schedules calculated to produce net revenues which, together with any special assessments pledged thereto, will be sufficient to pay all principal and interest when due on the Note and any other bonds or notes payable therefrom, and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the Note and interest thereon. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of net revenues of the System for the payment of additional obligations of the City hereafter authorized if the City Council determines before the authorization of such additional obligations that the estimated net revenues of the System will, with any other sources of funds pledged, be sufficient for the payment of the Note, any other -9- 10 (K~ . . . bonds or notes then payable therefrom and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to or on a parity with the pledge and appropriation herein made. 4.05. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Note as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. It is, however, presently estimated that the special assessments and net revenues appropriated to the Note Fund pursuant to Section 4.03 will provide sums not less than 5% in excess of principal and interest on the Note when due, and therefore no tax levy is presently required. SECTION 5. COVENANTS; REGISTRATION AND CERTIFICATION OF PROCEEDINGS. 5.01. Negative Covenant. The City hereby covenants not to use, or cause or permit to be used, the proceeds of the Note or the Project, or to enter into any deferred payment arrangement for the costs of the Project, in such manner as to cause any bonds or notes which may be issued by the PF A to fund the Loan and the Note, in whole or in part (the "PF A Bonds") to be "private activity bonds" within the meaning of Sections 1 03 and 141 through 150 of the Code. 5.02. Tax-Exempt Status ofthe PF A Bonds; Rebate. The City with respect to the Note shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the PF A Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the PF A Bonds, and (3) the rebate of excess investment earnings to the United States of America. The City covenants and agrees with the PFA and holders of the Note that the investment of proceeds of the Note, including the investment of any revenues pledged to the Note, that are considered gross proceeds of the PFA Bonds under the applicable regulations, and accumulated sinking funds, if any, shall be limited as to amount and yield in such manner that the PF A Bonds shall not be arbitrage bonds within the meaning of Section 148 of the Code and any regulations thereunder. On the basis of the existing facts, estimates and circumstances, including the foregoing findings and covenants, the City hereby certifies that it is not expected that the proceeds of the Note will be used in such manner as to cause the PF A Bonds to be arbitrage bonds under Section 148 ofthe Code and any regulations thereunder. The Mayor and City Administrator shall furnish a certificate to the PF A embracing or based on the foregoing certification at the time of delivery of the Note to the PF A. The proceeds of the Note will likewise be used in such manner so the Note is not a "private activity bond" under Section 141 of the Code. 5.03. No Designation ofOua1ified Tax-Exempt Obligation. The Note, as a taxable obligation, may not be qualified as a "qualified tax-exempt obligation" within the meaning of Section 265(b )(3) of the Code, and hence is not designated for such purpose. 5.04. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod City together with such other information as shall be required, and to obtain from the County Auditor a certificate that the Note has been entered on the note register as required by law. -10- we k ') . . . 5.05. Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the PFA and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Mayor Attest: City Administrator Upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. -11- loCK) . . . COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION OF NOTES The undersigned, being the duly qualified and acting County Auditor of McLeod County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on June 24, 2007, by the City Council of the City of Hutchinson, Minnesota, setting forth the form and details of a $14,774,600 General Obligation Sewer Revenue Note, Series 2007. 1 further certify that the issue has been entered on my note register, as required by Minnesota Statutes, Sections 475.61 through 475.63. WITNESS my hand and official seal on ,2007. County Auditor 4834-4292-6337\2 6/21120074:12 PM (dl( ') . CERTIFICATION OF M1NUTES RELATING TO SI4,774,600 GENERAL OBLIGATION SEWER REVENUE NOTE, SERIES 2007 Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on June 24, 2007, at 5 :30 o'clock p.m., in the Council Chambers at the Hutchinson City Center. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): I through 11 RESOLUTION NO. RESOLUTION RELATING TO $14,774,600 GENERAL OBLIGATION SEWER REVENUE NOTE; AUTHORIZING THE ISSUANCE, FIXING THE FORM AND DETAILS THEREOF, AND PROVIDING FOR THE SECURITY THEREFOR . I, the undersigned, being the duly qualified and acting recording officer ofthe public corporation issuing the obligations referred to in the title ofthis certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of June, 2007. Gary D. Plotz, City Administrator (SEAL) . loCK) introduced the following resolution and Councilmember . moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. RESOLUTION RELATING TO $14,774,600 GENERAL OBLIGATION SEWER REVENUE NOTE; AUTHORIZING THE ISSUANCE, FIXING THE FORM AND DETAILS THEREOF, AND PROVIDING FOR THE SECURITY THEREFOR BE IT RESOLVED by the City Council (the"Council) of the City of Hutchinson, Minnesota (the"City), as follows: SECTION 1. RECITALS. 1.01. Authorization. This Council has undertaken, or will undertake, improvements pursuant to Minnesota Statutes, Section 444.075, as amended (the"Ad), to its sewage plant and sanitary sewer system (the "Systeni) consisting of the construction of improvements to the sanitary sewer treatment plant (the "Projed), as described in the Loan Agreement described in Section 1.03 hereof), and all proceedings necessary to the undertaking and construction of the Project have been or will be duly and lawfully conducted pursuant to and in accordance with the provisions of the Act. . 1.02. Authorization. The City is a political subdivision of the State of Minnesota and is authorized and empowered by the provisions of the Act to borrow money from and issue its general obligation sewer revenue notes to the Minnesota Public Facilities Authority (the"PFR) for the purpose of providing funds for payment ofthe costs ofthe Project, as provided in the Act. Under the Act, no election is required to authorize the issuance of the such bonds, and the bonds shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provisions or limitations. 1.03. PF A Offer. The PF A has agreed, subject to certain terms and conditions contained in the Public Facilities Authority Bond Purchase and Project Loan Agreement to be entered into between the City and PFA (the"Loan Agreemenf), to lend the City $14,774,600 from its Clean Water Revolving Fund (the"PF A Loarl) in order to finance a portion of the cost of the Project. This Council hereby accepts such offer, authorizes the execution of the Loan Agreement by the Mayor and City Administrator and agrees to issue its General Obligation Sewer Revenue Note (the"Note), to the PF A evidencing such obligations. The proceeds from the Note will be disbursed to the City from the PF A on a cost reimbursement basis consistent with a budget presented to the PF A in connection with the application for financing. . 1.04. Sale. The offer of the PFA to lend the City funds in the aggregate amount of $14,774,600, as described in Section 1.03 above, is reasonable and advantageous to the City and is hereby accepted and the terms of the Loan Agreement are incorporated by reference herein. In the case of any conflict between the terms of the Loan Agreement and the terms of this Resolution, the terms of the Loan Agreement shall control and shall be deemed to amend and loCK') . supplement this Resolution without further action or instrument in writing. The PF A has represented to the City that it is a duly organized agency of the State of Minnesota, and the City is authorized under Minnesota Statutes, Section 475.60, Subdivision 2(4), to sell its obligations directly to an agency of the State of Minnesota. All acts, conditions, and things that are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed prior to the issuance of the Note having been done, existing, and having happened, it is now necessary for this Council to establish the form and terms of the Note, to provide for the security thereof, and to issue the Note forthwith. SECTION 2. TERMS AND EXECUTION. 2.01. Series 2007 Note. In order to finance a portion of the cost of the Project and to evidence the loan referred to in Section 1.03 hereof, the City shall forthwith issue a series of Notes to be designated"General Obligation Sewer Revenue Note, Series 200T(the"Series 2007 Note), in the principal amount of$14,774,600. The Series 2007 Note shall be dated as of the date of its delivery to the PF A and shall be payable in semiannual installments of principal on the dates and in the amounts set forth below. . Date Principal Interest* Total Payment February 20, 2009 $158,826.95 $158,826.95 August 20, 2009 $375,000.00 158,826.95 553,826.95 February 20, 20 I 0 154,789.25 154,789.25 August 20,2010 711,000.00 154,789.25 865,789.25 February 20,2011 147,149.00 147,149.00 August 20,2011 726,000.00 147,149.00 873,149.00 February 20, 2012 139,341.50 139,341.50 August 20,2012 741,000.00 139,341.50 880,341.50 February 20, 2013 131,375.75 131,375.75 August 20,2013 757,000.00 131,375.75 888,375.75 February 20, 2014 123,238.00 123,238.00 August 20, 2014 774,000.00 123,238.00 897,238.00 February 20,2015 114,917.50 114,917.50 August 20, 2015 790,000.00 114,917.50 904,917.50 February 20, 2016 106,425.00 106,425.00 August 20, 2016 807,000.00 106,425.00 913,425.00 February 20,2017 97,749.75 97,749.75 August 20, 2017 825,000.00 97,749.75 922,749.75 February 20,2018 88,881.00 88,881.00 August 20, 2018 842,000.00 88,881.00 930,881.00 February 20, 2019 79,829.50 79,829.50 August 20,2019 861,000.00 79,829.50 940,829.50 February 20, 2020 70,573.75 70,573.75 August 20, 2020 879,000.00 70,573.75 940,573.75 February 20, 2021 61,124.50 61,124.50 August 20,2021 898,000.00 61,124.50 959,124.50 February 20, 2022 51,471.00 51,471.00 . -2- liK') Date Principal Interest* Total Payment . August 20, 2022 $917,000.00 $51,471.00 $ 968,471.00 February 20, 2023 41,613.25 41,613.25 August 20, 2023 937,000.00 41,613.25 978,613.25 February 20, 2024 31,540.50 31,540.50 August 20, 2024 957,000.00 31,540.50 988,540.50 February 20, 2025 21,252.75 21,252.75 August 20, 2025 978,000.00 21,252.75 999,252.75 February 20, 2026 10,739.25 10,739.25 August 20, 2026 999,000.00 10,739.25 1,009,739.25 *Interest payment amount assumes full disbursement of principal amount of the Series 2007 Note on August 20,2007, and no prior prepayment of the Series 2007 Note. . The Series 2007 Note shall bear interest at the rate of 2.15% per annum from the date of issue through the date on which no principal remains unpaid; provided, however, that interest shall accrue only on the aggregate principal amount of the Series 2007 Note actually disbursed by the PF A. If the City notifies the PF A that not all of the authorized principal amount of the Series 2007 Note is to be disbursed, the balance of the amounts undisbursed is to be applied to the principal installments set forth above on a proportionate basis and such payments reamortized, based on the actual amount of the PF A Loan disbursed. Interest shall be payable on each February 20 and August 20, commencing February 20, 2009. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. The principal of and interest on the Series 2007 Note shall be payable to the registered holder thereof at the address appearing on the Series 2007 Note register of the City on the date of payment. 2.02. Redemption. The City shall have the option to prepay the Note in whole or in part on any February 20 or August 20, upon forty-five days prior written notice to the PF A and subject to approval by the PF A at is sole option and discretion at a price equal to 100% of the principal amount to be prepaid, together with accrued interest to the redemption date and a premium equal to all fees and expenses of the PF A incurred in connection with such prepayment as determined by the PF A in its sole discretion. In the event that special assessments and/or connection charges from another municipality are pledged to the repayment of the PF A Loan and the City receives prepayments or lump sum payments of such special assessments and/or connection charges, the City is hereby required, and hereby agrees, to immediately notify the PF A and transmit the funds within ten days to the PF A for payment on the Note and the PF A Loan, unless the PF A, in its sole option and discretion, directs the City to use the funds for the payment of eligible construction costs, or transmit the funds at a later date to the PF A for payment on the Note or the PF A Loan. . Any such payment received by the PF A may be applied to reduce each unpaid annual principal installment required with respect to the PF A Loan in the proportion that such installment bears to the total of all unpaid principal installments, or, in the sole option and discretion of the PF A, may be applied to a future principal payment on the PF A Loan and the Note in a manner determined by the PF A . -3- tLK') . . . Any payments received by the PF A in excess of the principal of and interest on the PF A Loan and the Note not expressly designed by the City to be treated as a prepayment may, in the sole discretion of the PF A, be (i) held without interest payable by the PF A and applied to the next payment due on the Note, (ii) treated as a prepayment of principal on the Note; or (iii) returned to the City as an overpayment. 2.03. Registration. The Note shall be fully registered as to both principal and interest and shall be initially registered in the name of and payable to the PF A. While so registered, principal of and interest on the Note shall be payable at the address of the registered holder thereof, as it appears on the note register maintained by the City Finance Director, or such other place as may be designated by the registered holder in writing, and delivered to the City Finance Director. The City Finance Director shall act as note registrar and as such shall establish and maintain a note register for the purpose of recording the name and addresses of the registered holder and its assigns, and the date of registration of any transfer. 2.04. Execution and Delivery. The Note shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signature of the Mayor and attested by the City Administrator. When the Note has been so executed and authenticated, it shall be delivered by the City Administrator to the PF A. 2.05. Assignment and Exchange. The Note shall be transferable by the registered owner or the owner's attorney duly authorized in writing upon presentation thereof to the City Administrator together with a written instrument of transfer satisfactory to the City Administrator and duly executed by the registered owner or the owner's attorney. The following form of assignment shall be sufficient for the purpose: For value received hereby sells, assigns and transfers unto the within Note of the City of Hutchinson, Minnesota, and does hereby irrevocably constitute and appoint , Attorney, to transfer the Note on the books of the City with full power of substitution in the premIses Dated: Such transfer shall also be noted on the Note and in the note register. No service charge shall be made for such transfer, but the City may require payment of a sum sufficient to cover any tax, fee or governmental charge or other expense incurred by the City with respect thereto. SECTION 3. FORM OF NOTE. 3.01. The Note shall be in substantially the following form: -4- (P(K) . UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON GENERAL OBLIGATION SEWER REVENUE NOTE SERIES 2007 R-l $14,774,600 The City of Hutchinson, Minnesota (the City), acknowledges itself to be indebted and for value received hereby promises to pay to the Minnesota Public Facility Authority (pF A), or registered assigns, the principal sum of Fourteen Million Seven Hundred Seventy-Four Thousand Six Hundred Dollars ($14,774,600), or such lesser amount as may be advanced by the PFA to the City hereunder, in the following installments on the following dates: . Date Principal Interest* Total Payment February 20, 2009 $158,826.95 $158,826.95 August 20, 2009 $375,000.00 158,826.95 553,826.95 February 20, 2010 154,789.25 154,789.25 August 20, 2010 711,000.00 154,789.25 865,789.25 February 20, 2011 147,149.00 147,149.00 August 20, 2011 726,000.00 147,149.00 873,149.00 February 20,2012 139,341.50 139,341.50 August 20, 2012 741,000.00 139,341.50 880,341.50 February 20, 2013 131,375.75 131,375.75 August 20, 2013 757,000.00 131,375.75 888,375.75 February 20, 2014 123,238.00 123,238.00 August 20, 2014 774,000.00 123,238.00 897,238.00 February 20,2015 114,917.50 114,917.50 August 20, 2015 790,000.00 114,917.50 904,917.50 February 20, 2016 106,425.00 106,425.00 August 20,2016 807,000.00 106,425.00 913,425.00 February 20, 2017 97,749.75 97,749.75 August 20,2017 825,000.00 97,749.75 922,749.75 February 20, 2018 88,881.00 88,881.00 August 20,2018 842,000.00 88,881.00 930,881.00 February 20, 2019 79,829.50 79,829.50 August 20,2019 861,000.00 79,829.50 940,829.50 February 20, 2020 70,573.75 70,573.75 August 20, 2020 879,000.00 70,573.75 940,573.75 February 20, 2021 61,124.50 61,124.50 August 20, 2021 898,000.00 61,124.50 959,124.50 February 20, 2022 51,471.00 51,471.00 August 20, 2022 $917,000.00 $51,471.00 $ 968,471.00 -5- Loe K) ---------...- - _____u____________ . Date Principal Interest* Total Payment . February 20, 2023 41,613.25 41,613.25 August 20, 2023 937,000.00 41,613.25 978,613.25 February 20, 2024 31,540.50 31,540.50 August 20, 2024 957,000.00 31,540.50 988,540.50 February 20,2025 21,252.75 21,252.75 August 20, 2025 978,000.00 21,252.75 999,252.75 February 20,2026 10,739.25 10,739.25 August 20, 2026 999,000.00 10,739.25 1,009,739.25 *Interest payment amount assumes full disbursement of principal amount of the Series 2007 Note on August 20,2007, and no prior prepayment of the Series 2007 Note. . and promises to pay interest from the date hereof on the installments of principal from time to time remaining unpaid at the rate of 2.15% per annum, from the date hereof through the date on which no principal remains unpaid, said interest being payable semiannually on February 20 and August 20 of each year, commencing February 20,2009. The principal installments of and interest on this Note are payable by check or draft mailed five days prior to the payment date to the address of the registered holder hereof as it appears on the note register of the City as of the payment date, in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts. For the prompt and full payment of such principal installments and interest when due, the full faith, credit and taxing powers of the City are hereby irrevocably pledged. This Note constitutes an issue in the aggregate principal amount of $14,774,600, which, together with the City's General Obligation Sewer Revenue Note, Series 2007, is issued to defray a portion of the cost of the improvement of the City's sewage plant and sanitary sewer system (the System), including the construction of improvements to the sanitary sewer treatment plant (the Project), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 444.075 and Chapter 475, as amended. This Note is being issued in conformity with the terms of a Public Facilities Authority Bond Purchase Agreement and Project Loan Agreement, dated ,2007, between the City and the PF A (the Loan Agreement). In the case of any conflict between the terms of the Loan Agreement and the terms of this Note, the terms of the Loan Agreement shall control and shall be deemed to amend this Note without further action or instrument in writing. The City shall have the option to prepay this Note in whole or in part on any February 20 or August 20, upon forty-five days prior written notice to the PFA at a price equal to 100% of the principal amount to be prepaid, together with accrued interest to the redemption date and a premium equal to all fees and expenses of the PF A incurred in connection with such prepayment as determined by the PF A in its sole discretion. In the event that special assessments and/or connection charges from another municipality are pledged to the repayment of the PF A Loan and the City receives prepayments or . lump sum payments of such special assessments and/or connection charges, the City is hereby -6- (y(K) . required, and hereby agrees, to immediately notify the PF A and transmit the funds within ten days to the PF A for payment on this Note and the PF A Loan, unless the PF A, in its sole option and discretion, directs the City to use the funds for the payment of eligible construction costs, or transmit the funds at a later date to the PF A for payment on this Note or the PF A Loan. Any such payment received by the PF A may be applied to reduce each unpaid annual principal installment required with respect to the PF A Loan in the proportion that such installment bears to the total of all unpaid principal installments, or, in the sole option and discretion of the PF A, may be applied to a future principal payment on the PF A Loan and this Note in a manner determined by the PF A Any payments received by the PF A in excess of the principal of and interest on the PF A Loan and this Note not expressly designed by the City to be treated as a prepayment may, in the sole discretion of the PF A, be (i) held without interest payable by the PF A and applied to the next payment due on this Note, (ii) treated as a prepayment of principal on this Note; or (iii) returned to the City as an overpayment. . This Note shall be registered in the name of the owner on the note register of the City kept by the City Finance Director as Note Registrar. This Note is transferable by the registered owner or the owner's attorney duly authorized in writing, upon presentation hereof with a written instrument of transfer satisfactory to the City and duly executed by the registered owner or the owner's attorney, subject to reimbursement for any tax, fee or governmental charge or other expense incurred by the City with respect to such transfer. Such transfer shall be noted on the note register and hereon. The City may treat the person in whose name this Note is registered as the absolute owner hereof, whether this Note is overdue or not, for the purpose of receiving payment of principal and interest and all other purposes, and shall not be affected by any notice to the contrary. INTEREST ON THIS NOTE IS INCLUDABLE IN GROSS INCOME OF THE OWNER HEREOF FOR FEDERAL INCOME TAX PURPOSES AND IN TAXABLE NET INCOME OF INDIVIDUALS, EST A TES OR TRUSTS FOR MINNESOTA INCOME TAX PURPOSES. The City may deem and treat the person in whose name this Note is registered as the absolute owner hereof, whether this Note is overdue or not, for the purpose ofreceiving payment and for all other purposes, and the City shall not be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Note in order to make it a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed as so required; that for payment of this Note the City has covenanted and agreed with the owners of this Note that it will impose and collect charges for the service, use and availability of the System and that it will levy and collect special assessments and that it will impose and collect charges for the service, use and availability of the System according to schedules sufficient to produce amounts adequate to pay all principal of and . interest on this Note and any other bonds or notes payable therefrom, as such principal and -7- loCk) . interest respectively become due; that, if necessary to pay such principal and interest, the City is required by law to levy ad valorem taxes upon all taxable property within its corporate limits, without limitation as to rate or amount; and that the issuance of this Note does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF the City of Hutchinson, Minnesota, by its City Council, has caused this Note to be executed on its behalf by the signature of the Mayor, attested by the signature of the City Administrator, and has caused this Note to be dated as of ,2007. ATTEST: City Administrator Mayor NO WRITING HEREON EXCEPT BY THE CITY FINANCE DIRECTOR AS NOTE REGISTRAR . The Note Registrar has transferred on the books of the City of Hutchinson, Minnesota, on the last date noted below, to the registered assign noted opposite said date, ownership of the principal amount of and interest on this Note, except the amounts of principal and interest theretofore paid: Registered Assign Signature of Note Registrar Date of Transfer [End of Note Form.] SECTION 4. USE OF PROCEEDS; SECURITY PROVISIONS. 4.01. Construction Fund. There is hereby established and the City Finance Director shall maintain a fund designated as the General Obligation Sewer Revenue Note, Series 2007 Construction Fund (the"Construction Fund) as a separate and special bookkeeping account on the official books and records of the City. There shall be deposited into the Construction Fund all proceeds from the sale of the Note to the PF A and the Note shall be the only source of amounts credited to the Construction Fund. To the extent that sale proceeds of the Note are received in reimbursement for costs expended on the Project such amounts need not deposited in the . Construction Fund upon receipt but may be applied immediately to reimburse the source from -8- loCK) . which the expenditure was made. Amounts in the Construction Fund shall be used solely for the purpose of paying for the cost of constructing the Project, including all costs enumerated in Minnesota Statutes, Section 475.65, provided that such amounts shall only be expended for costs and expenses that are permitted under the Loan Agreement. The PF A prohibits the use of the proceeds of the Note to reimburse costs initially paid from proceeds of other obligations of the City. Upon completion of the Project and the payment of the costs thereof, any surplus shall be transferred to the Note Fund. . 4.02. Note Fund. So long as the Note is outstanding and any principal of or interest thereon unpaid, the City Finance Director shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation Sewer Revenue Note, Series 2007 Sinking Fund (the"Note Fund), and the principal of and interest on the Note shall be payable from the Note Fund. The City irrevocably appropriates to the Note Fund (i) any special assessments levied and collected with respect to the Project, (ii) all net revenues herein pledged and appropriated to the Note Fund; and (iii) all other moneys as shall be appropriated by the City to the Note Fund from time to time. If the balance in the Note Fund is at any time insufficient to pay all interest and principal then due on the Note payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Note Fund when the balance therein is sufficient. The City shall deposit in the Note Fund the proceeds of all special assessments levied and all other money which may at any time be received for or appropriated to the payment of such bonds or notes and interest thereon, including the net revenues herein pledged and appropriated to the Note Fund, all collections of any ad valorem taxes levied for the payment of the Note and all other moneys appropriated to the payment of the Note and the interest, if any, thereon. 4.03. Sufficiency of Revenues. It is hereby found, determined and declared that the City owns and operates the System as a revenue-producing utility and convenience; and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with the anticipated collection of any special assessments levied with respect to the Project, for the payment when due of the principal of and interest on the Note and on any other outstanding bonds or notes of the City to which such revenues are pledged. . 4.04. Rate Covenant; Pledge of Revenues; Additional Note. Pursuant to the provisions of Minnesota Statutes, Section 444.075, as amended, the City hereby covenants and agrees with the owners from time to time of the Note that so long as the Note is outstanding, the City will impose and collect reasonable charges for the service, use and availability of the System to the City and its inhabitants according to schedules calculated to produce net revenues which, together with any special assessments pledged thereto, will be sufficient to pay all principal and interest when due on the Note and any other bonds or notes payable therefrom, and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment ofthe Note and interest thereon. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of net revenues of the System for the payment of additional obligations of the City hereafter authorized if the City Council determines before the authorization of such additional obligations that the estimated net revenues of the System will, with any other sources of funds pledged, be sufficient for the payment of the Note, any other -9- loCK) . . bonds or notes then payable therefrom and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to or on a parity with the pledge and appropriation herein made. 4.05. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Note as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. It is, however, presently estimated that the special assessments and net revenues appropriated to the Note Fund pursuant to Section 4.03 will provide sums not less than 5% in excess of principal and interest on the Note when due, and therefore no tax levy is presently required. SECTION 5. COVENANTS; REGISTRATION AND CERTIFICATION OF PROCEEDINGS. 5.01. Negative Covenant. The City hereby covenants not to use, or cause or permit to be used, the proceeds of the Note or the Project, or to enter into any deferred payment arrangement for the costs of the Project, in such manner as to cause any bonds or notes which may be issued by the PF A to fund the Loan and the Note, in whole or in part (the"PF A Bonds) to be "private activity bonds' within the meaning of Sections I 03 and 141 through 150 of the Code. 5.02. Tax-Exempt Status of the PFA Bonds: Rebate. The City with respect to the Note shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the PF A Bonds, including without limitation (I) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the PF A Bonds, and (3) the rebate of excess investment earnings to the United States of America. The City covenants and agrees with the PF A and holders ofthe Note that the investment of proceeds of the Note, including the investment of any revenues pledged to the Note, that are considered gross proceeds ofthe PF A Bonds under the applicable regulations, and accumulated sinking funds, if any, shall be limited as to amount and yield in such manner that the PF A Bonds shall not be arbitrage bonds within the meaning of Section 148 of the Code and any regulations thereunder. On the basis of the existing facts, estimates and circumstances, including the foregoing findings and covenants, the City hereby certifies that it is not expected that the proceeds of the Note will be used in such manner as to cause the PF A Bonds to be arbitrage bonds under Section 148 of the Code and any regulations thereunder. The Mayor and City Administrator shall furnish a certificate to the PF A embracing or based on the foregoing certification at the time of delivery of the Note to the PF A. The proceeds of the Note will likewise be used in such manner so the Note is not a "private activity bond" under Section 141 of the Code. 5.03. No Designation ofOualified Tax-Exempt Obligation. The Note, as a taxable obligation, may not be qualified as a "qualified tax-exempt obligation" within the meaning of Section 265(b )(3) ofthe Code, and hence is not designated for such purpose. 5.04. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod City together with such other information as shall be required, and to obtain from the County Auditor a certificate that . the Note has been entered on the note register as required by law. -10- tR~) . . . 5.05. Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the PF A and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Mayor Attest: City Administrator Upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. -11- tJJCv,-) . . . COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION OF NOTES The undersigned, being the duly qualified and acting County Auditor of McLeod County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on June 24, 2007, by the City Council of the City of Hutchinson, Minnesota, setting forth the form and details of a $14,774,600 General Obligation Sewer Revenue Note, Series 2007. I further certify that the issue has been entered on my note register, as required by Minnesota Statutes, Sections 475.61 through 475.63. WITNESS my hand and official seal on ,2007. County Auditor 4834-4292-6337\2 6/21/20074:12 PM let f,) . . . MEMORANDUM DATE: June 20, 2007 for the June 26, 2007 City Council meeting Hutchinson City Council Rebecca Bowers, AICP, Planning Director TO: FROM: SUBJECT: ORDINANCE AMENDMENT FOR THE PUBLIC ARTS COMMISSION ReQuest: Approval of the attached ordinance revising the City Code section regarding the Public Arts Commission. BackQround: On March 14, 2006, the City Council adopted an ordinance to establish the Public Arts Commission for a period of 18 months. The Commission has been meeting over the past year to develop policies and procedures to meet the purpose and objectives of the Commission. At the May 22,2007 City Council meeting, Tom Wirt updated the Council on the progress of the Commission. Proposed Ordinance: The attached ordinance makes the following changes to the existing ordinance: 1. Removes the 18 months time limit for operation. 2. Establishes the composition and the appointments to the Commission. 3. Authorizes the Public Arts Commission to develop and implement policies and procedures, as necessary, to meet the purpose and objectives of the Commission. Staff and representatives from the Public Arts Commission will be at the meeting to answer any questions. 1 CO.) . ~31.31 . . ORDINANCE NO. 07-0464 AN ORDINANCE ESTABLISIDNG PUBLIC ARTS COMMISSION PUBLIC ARTS COMMISSION. (A) Establishment. (1) A Public Arts Commission is hereby established. (B) Purpose. The purpose of the Public Arts Commission shall include but not be limited to: (I) Establishing standards and guidelines for donations of public art to the City of Hutchinson; (2) Establishing the procedure for the maintenance of gifts of public art; (3) Evaluating funding sources, including public funding, for arts projects; (3) Determining the process of accepting or declining gifts of public art; (4) Establishing guidelines for the branding, naming and placard placement on gifts of public art; and (5) Ensuring that obsolete gifts of public art are properly disposed of; (6) Providing forums to discuss public arts and/or architecture influences of projects. (C) Composition. (1) The Commission shall be composed of five members, four of whom shall serve staggered three-year terms and one of whom shall be a member of the City Council. The CemmissioH shall be actio.'e fur a period of 19 "'ElHths. Commission members shall be appointed bv the Mavor with Council approval. The Director ofPlanninglZoninglBuilding and the Director ofParkslRecreationlCommunity Education ana the Directer efEconemic Develej3ment .^."theri!'; shall be ex-officio members. (D) Duties. (1) The Public Arts Commission shall act in an advisory capacity to the City Council for the City and shall make recommendations to the City Council on issues regarding public art within the city limits. (2) The Public Arts Commission may develop and implement policies and procedures. as necessarv. to meet the purpose and obiectives of the Commission. Adopted by the City Council this 10th day of July, 2007. ATTEST: Mayor Steven W. Cook Gary D. Plotz, City Administrator 7(C\) . . . TO: Mayor & City Council FROM: Kent Exner, City Engineer Randy DeVries, Water/Wastewater Manager RE: Discussion of Award for the Water Treatment Plant Construction (Letting No. 4/ProjectNo. 07-04) DATE: June 26, 2007 The Environmental Protection Agency (EPA) has presented the City of Hutchinson an award for the new Water Treatment Plant construction for "showing exceptional creativity in designing projects that promote sustainability and protect public health". City staff and our project consultant, EarthTech, would appreciate the opportunity to present the award to the City Council. cc: Gary Plotz, City Administrator 91&\) . . . M E 1\vl () A' ","' "''lI; g T T"iil .. L' .. ..f ~J 1".% \'If-'b, ~'~ DATE: June 20, 2007, for the June 26, 2007, City Council Meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: Highway 7 Corridor Study Update On June 6, 2007, an open house was held at the Event Center to obtain resident's input on the Highway 7 Corridor. Participants were asked to express preferred uses in the corridor by placing dots on photographs, maps, and other graphics along with completing visioning questions. Landform prepared a summary of the open house comments received and results of visioning questions. The results are attached for your review. The Advisory Team will be meeting on July 12th to review the results of the open house, initial market study, and the draft visioning statement and goals. The updated schedule is attached for the Council's information. Staff will be at the meeting to provide additional information and answer questions. Attachments: Open House Summary Project Schedule \6(&\ ') . Proposed Schedule ~ LANDFORM "'.~.""'.U.I~' ~....u,. Task I: Establish Commun" Vision Gather and Review Past Plans, Existing Camp Plan, Zoning, and Ordinances; set- up background maps, ate Kick-off Meeting with Staff - workptan, schedule AP mtgs, public open house Conduct Physical-Visual Survey (walk, photo, map), Land Use Inventory Kick-off and Visioning Meeting with Advisory Panel Prepare presentation of Analysis - physical, visual, land use, needs, issues Prepare for Open House - sign-in sheets, comment-survey materials Conduct Public Open House w/visual and priorities survey, interviews Define Goals-Objectives, Needs and Priorities Prepare Vision Statement - document Vision Process and Guiding Concepts Add'l Review Meetings with Staff - teleconference? (2) Staff to Update CDC, Planning Commission and City Council Task 2: land Use Develo ment Strate Conduct Market Analysis - Focus on Feasibility/Strategies for Achieving Vision Based on Inventory - Identify Opportunities for Development/Redevelopment Organize Draft land Use Plan based on Vision and Market Analysis Review Market Analysis and Opportunities with Advisory Panel Identify Potential Impacts on Existing Utilities Identify Potential Transportation Needs, Consider MnDOT Hwy Access Policy Develop Concepts (2-3) for Hwy 7 and 15 intersection redevelopment Develop recommendations for Design Guidelines, Improvement, Zoning changes Recommend Improvements: Safety, Traffic, Connect- Pedestrian/BikelTransit Review Redevelopment Concepts.& Recommendations with Advisory Panel Review Meetings with Staff - teleconference? (2) Staff to Update CDC, Planning Commission and City Council Task 3: Present the Plan Document and Communicate the Vision and Recommendations Prepare Graphics and Maps (Boards, Plan Document and digital Web-ready) Publish Draft with Graphics for Staff Preliminary Review Prepare materials for Public Open House Conduct Public Open House Make Plan Revisiolls (one round, text primarily) Review Meetings with Staff - teleconference? (2) Present Plan to CDC/Planning Commission and City Council ..,-- o r---, ~ . . 2007 July August Se tember October November December Iclc_offmeetlng ..~ . JAP meetln,,(M'a~ 24) 1 ..... ! ! .~~l ] !. "l'fUblic Op~n House (Jun~ 5) ; ...... ; I I~ .. ;.'~ I ,~V, , ! I I i I ! i ....~.. ! !. . .... i ; ....... ! i i . lAP meeting (JiJ~ 12) i ..,..... i I . .!. ~ 1 i . , . . .... i ! I.. . . . .* Ii..... ! 1 ! !.p meetlitg ~ept 201) I I 0 I 0 I i i . ...... i i ..!.. I I I, "=~ip"blk op..L..rrBDI ! ;........ ! 01 0* '* ; ; . . . City of Hutchinson OPEN HOUSE SUMMARY Establishing Community Vision: Highway 7 Corridor Study June 19, 2007 Prepared for: Ms. Rebecca Bowers Director of Building, Planning, & Zoning City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Prepared by: Ms. Jennifer Zierke Landform 800e Butler Square 100 North 6th Street Minneapolis, MN 55403 Phone: 612.252.9070 Emai1: jzierke@landformmsp.com ~e~ ~~ LANDFORM 10((\) . . . o C' :I: . . . OJ 11 . ~' , . . City of Hutchinson OPEN HOUSE SUMMARY Open House (June 6, 2007) SUMMARY ~~~ ~~ LANDFORM ."......O.,.....UI~ . I \ \ \ \ I i I , ~\ ~I ~, I 11 i i 12 I IOllA) City of Hutchinson OPEN HOUSE SUMMARY . Summary Location & Date Hutchinson Event Center Hutchinson, MN June 6, .2007 Attendance There were 42 attendees (recorded on the sign-in sheet), not including the consulting team: five Landform team members, three City staff and one MnDOT staff person. . Open House Format Upon signing in, guests were given a name tag, FAQ sheet, a Vision Questions sheet, Comments sheet and colored dots to place on the exhibit boards in the meeting room. Attendees were asked to express preferred uses in the Highway 7 Corridor by placing dots on aerial photographs, development photographs and other graphics displayed on the exhibit boards. The exhibit boards illustrated the study area, the moratorium area, current zoning, future zoning and a collage of current uses and potential development and amenities for the area. Staff from the City, Landform and Maxfield Research were on site to answer questions while guests were encouraged to wander through and "dot" their preferences on the exhibit boards. Attendees were encouraged to fill out the Vision Questions and Comments sheets and leave them with staff to collect the feedback. The results are listed below: Introductory Presentation Brief introductions were provided at 6:20 PM. Rebecca Bowers, City of Hutchinson, welcomed everyone and introduced the consultant team, Advisory Panel members and provided an overview of the study. Carolyn Krall, Landform, reyiewed the format, goals of the Open House and the study process and schedule. Comments Sheets Visioning Comments sheets were provided to the attendees to collect input for the planning team. Fifteen Comments sheets were collected at the Open House. The following summarizes' the most common of the comments: Numerous comments stated that Highway 7 currently communicates "a place to move through" while offering a wide yariety of uses and building styles; . The majority of respondents would like Highway 7 to be welcoming and communicate "a great place to live and do business"; JI~ ~~ LANDFORM . I I i I ~I '" . " . 01 I ,,'~.u..... ,~"u~,.. 13 I /D[C<.J City of Hutchinson OPEN HOUSE SUMMARY . Most people said they traveled Highway 7 on a regular basis; . Most people said that additionai commercial, restaurants and trail connections would draw more people to Highway 7; Most people agreed that new uses in the study area should enhance the downtown; The majority of respondents did not shop downtown frequently but would do so more often if additional restaurants and unique retail uses were added; Additional high-quality commercial and residential development with a focus on the river as an amenity for trail connections was the general consensus for how Hutchinson should look ten years from now. . A detailed listing of a/l the comments is attached for your use. . Dot - mocracy Attendees placed dots on favorable images on the presented boards (see attached exhibits): Parks, Trails: enhance existing parks (example was Boy Scout Park); 1. better connections to parks; 2. additional lighting and signage for trails; 3. more amenities for cyclists and pedestrians; 4. wider green buffers and more outdoor structures; 5. more trail improvements like the School Road pedestrian underpass; plan for a future South Grade Road trail connection to the school; Roadways: pian for more traffic calming road designs (example was proposed Washington Avenue/Adams Street Roundabout) Uses: more retail and commercial uses; more mixed-use; . 1. more uses geared toward travelers (hotels, convenience stores, etc.) including more auto- oriented uses; 2. uses which complement parks like fairs or markets; 3. pedestrian-oriented, traditional development and JI~ m-.. LANDFORM .'..U..L.......... . \ I , 1 I i \ I I I i I I I ~i :.! 01 :;:! zi .1 ~I i 14 I 10DO\\ City of Hutchinson OPEN HOUSE SUMMARY . \ . signage like downtown; more institutional or public uses; 4. greater variety of residential development Architecture and Signage: more historical styles, traditional development and signage like downtown; . ~I~ ma LANDFORM :1 :;! -; ~i ! zl ~i o! . !5 \ DC 4') City of Hutchinson OPEN HOUSE SUMMARY . . . Attachment: Comments JI~~ W-~ LANDFORM .,~....'G."."U~" . I \ \ I I i ! I I I I I I I \ I i I , , I I , \ I I i I I i I I I i i I :\ Oi :.:: I .1 .vi .' 0: ; i , 16 ; \DCCt) City of Hutchinson OPEN HOUSE SUMMARY ,I ,~ Comments Attendees were encouraged to fill out the Vision Questions and Comments form and leave it with staff to collect the feedback. The results are listed below. 1. Highway 7 serves as a gateway into Hutchinson - what do you think it communicates?: , Keep moving through Business and Utilities Industrial (east end) I West end could focus more on the river or parks I . US Highway leading to mixed use, light commercial and 'I residential Unattractive and unwelcoming (power plant and new building facing away from gateway) Just like similar sized cities in the U.S. Current lack ofcommerciai, and access for commercial has decreased Highway 7 does not represent the palette of what is available in the community. I think it presents Hutchinson as a progressive community. Mis-mash of use and architecture - not all that attractive Much cleaner now - shows a city that is prosperous and active It is quite spacious but I would like to see a more decorative finished product. 2. What would you like it to communicate?: Stop and stay a while Clean, neat gateway Hutchinson is thriYing . Incorporate identity, heritage Good planning, progressive community, place people want to be, place businesses want to be, welcoming Hutchinson is a good place to do business We are a thriving metropolitan area. Welcoming for yisitors and commuters and assist needs of , .oII~ m1II LANDFORM \Oi! ~i ~I ::t:i zi .1 .1 01 I ..,.....~..........,. 17 \oCO\.) City of Hutchinson OPEN HOUSE SUMMARY . . local citizens Allow for new redevelopment Land along highway 7 in the moratorium area should be zoned commercial Unify Corridor - lighting, street sighs, flower planters, retaining walls, fences Pleasant, attractive, safe neighborhood Hutchinson is a nice place to live Progressive Image Welcoming - a place I would like to drive into and see what it has Welcome to Hutchinson Inviting 3. Do you travel Highway 7 often? Why? What are your destinations?: . Work 11111 Shop III Church Business Personal Travel Pleasure II (walk my dog, ride my bike) To drive to Minneapolis to shop II To drive to the Twin Cities (once/week) To drive to the Cities for a good, sit-down meal Family I Medical care Entertainment Specific Destinations: HTI Parents on Highland Park Drive Slumberland "'I "'1 =>1 . ~~~ ma LANDFORM ~i -, i ., I "I " OJ i i i 18 lDCDc~ City of Hutchinson OPEN HOUSE SUMMARY . . 4. What new uses would draw you to this area? (especially with so much activity south of downtown). Restaurants 11111 III (Sit down) (Champp's) (Perkins) (Olive Garden) (Steak House) (panera Bread) (Baker Square) . Fast-food Restaurants Retail 11111 III (Book Store) (Video Store) (Brand names) (Specialty) Mix of businesses II Pedestrian Oriented II (Safe crossings at Hwy 7) Commercial service businesses II Office/Professional Vehicular related appropriate on east and west ends . Hotel Recreation types of businesses Attractive Streetscape (Flowering trees) Access to trails along the river Less manufacturing . Appealing businesses Adequate parking Gas stations east of Hutchinson Office complex Strip mall 5. Can n,ew uses in the study area enhance downtown or should new uses be constrained to maintain a more compact and smaller downtown, focused on Main Street? Enhance the city 11111 Enhance downtown Create regional destination III Keep small town feel Greater vital downtown area Commercial businesses will pay a lot of property taxes to replenish the property taxes lost when MnDOT took out many businesses in the corridor. J~~~ ma LANDFORM i I ! , , I i ! wi .' -I ci J:i I :1 01 i I ! 19 i . 'DCCl') City of Hutchinson OPEN HOUSE SUMMARY . Moratorium area can enhance and be an extension of downtown. East and west ends can have own identities Care to avoid sprawl Important corner at 7 & 15 Downtown should be expanded but not without significant setback from highway 7/22 corridor to preserve some green space and allow access to building rear. Don't focus only on businesses, but other new uses. . Boutique-like; have drawing events A small amount of expansion could be developed around the 15/7 intersection but it is important not to make downtown suffer because of it. 6. Do you shop on Main Street on a regular basis? For what? How often? What can't you get downtown (or this end of town) that you would like to be able to get. . Infrequently III Yes 1111111 Daily Monthly No For State Theater III For Restaurants 1111 For Coffee shops For Auto Parts For Groceries II (Econo Foods, ShopKo) For Ace Hardware For Curves Haircut Shoes Banking Gifts I Clothing I . .!I~ W-~ LANDFORM "'""'.~.LU.."""" . I I 1 \ , .1 ...\ =1 ~i -I ~l <-j 01 i , , i , ! 10 \ bee<.') City of Hutchinson OPEN HOUSE SUMMARY . . . Cotton Shop Need Restaurants IItIt (Steak house) (Outdoor patio dining with a view) (sit-down) Need Video Store Need Shopping (Men's and Women's) (nighttime shopping) Need Nighttime activities Need later hours in downtown for working people Need "downtown" look Need rear parking and access to buildings i.e. Excelsior and Grand . Need more access to trails along the riyer - less manufacturing 7. What two words or phrases would best describe your ideal Vision of this area 10 years from now? . Progressive Hometown Aesthetically Pleasing Variety, Bustling Vibrant Attractive and welcoming Mixed use retail with new types of housing Mix of development with Commercial along 7 and residential! mixed next door adjacent to retail and amenities. Bike trails to connect the existing trails (south Grade Road) Pedestrian amenities Booming Metropolis Small Downtown Expanded downtown Red Wing Take back the riverfront; continue to focus on the beauty of the river. Upscale - as the metro area moves closer to Hutch, more ".' I variety and upscale businesses needed. _, -I It would be nice to have some improvements on the north side .: i of town instead of having everything on the south side. : i . . J~~ mal LANDFORM o 111 \(;(0.) City of Hutchinson OPEN HOUSE SUMMARY . No more gas stations or car dealerships and used car lots - something that would draw you to drive downtown. . Functional and Inviting New Mall! 8. General comments: Commercial deyelopment needs accessibility . Expansion of downtown with auto friendly access to the rear of buildings along the route In the moratorium area, the focus should be on making the area look like an extension of the downtown area by including setbacks and accesses from the sides and rear of the buildings . On the east and west ends of the area, it is appropriate to have vehicle service-type businesses. They should be encouraged to adopt "downtown-type" architecture at redevelopment. A key component is green space and pedestrian access and/or service roadways between blocks. Preserve significant green space between highway 7 and business frontages. This would create a "Central park" type feel as travelers go through. Ensure business frontages are linked by sidewalks and trails. This would allow for more shared parking lots and maintaining green space along the corridor Encourage "green" architecture to include wind, solar and other alternative energy sources through the corridor. I live on Prospect Street and I would like to see the land tei the south of my lot used as a park or left empty. Landscaping, planting trees or creating a basketball court would be good uses, but I do not want any new businesses to occupy that area. I would be interested in acquiring some of the property adjacent to my lot for my own landscaping purposes. It would be better that I own maintain and pay taxes on it than for it to be vacant and the City or State to be responsible for maintenance . J~t~ W-~ LANDFORM . I I ; , I I I I , i 1 I , 1 I I i \ wi -I :;;.1' 01 :1:1 , zl ~I .1 01 112 I tDCCl) City of Hutchinson OPEN HOUSE SUMMARY . 7 & 15 is an important corner to consider 7 & 15 has the highest traffic count in the community. It would be sad if it was only a route and not a destination. Get rid of residential on north side of 7 between the commercial zones and have the strip conform to a mix of commercial. It will bring work, tax dollars and it will provide the much needed amenities, restaurants and retail that the strip is currently missing. Don't take away too much access along highways or you will lose many potential restaurants and retailers from opening locations. The two most important things they look at are location, location, location and access, access, access. Traffic counts and demographics are also important factors that will draw business here. The parking lot where the. truck stop was located is an eyesore. It is an opportunity for a gateway from the west into the city. . I'd like to see the area north of Highway 7 between Water Street and Highway 15 remain residential. I like the idea of combining the conveniences with downtown but still hope the residential areas can be maintained. We could also use a trail or sidewalk on 5th Avenue NW. People are constantly walking in the street which is a safety hazard. I'd like to see the area near downtown maintain a pedestrian feel. I think the manufacturing areas should be moved away from the riverfront and located to a more practical area. We should try to embrace the riverfront. For areas away from the riyer to the east where HTI is located, I don't' think any changes should be made; Also, we would enjoy easier access to the Luce Line Trail. Consider attracting a destination business of some kind that would draw people to Hutch and stop more traffic traveling through. Need to complement and draw attention to River and Luce Line Trail. . I question how to effectively integrate a new vision with existing businesses and land use and make it look nice. I think you need some housing along the corridor, but it would ~~~~ m'a LANDFORM . I I ! I ,.; o o " % ., ~! 01 i 13 \bLte ) City of Hutchinson OPEN HOUSE SUMMARY . make most sense to have it on the south side to make easier access to downtown, river and trail. Some possibilities though, for housing on the north side, but higher on the hill, great view; access off side streets, not Highway 7. Good job so far with downtown and South of Hutch. Need to fill open/yacant space from Office Max and Cub Foods. C-5 conditional use permit have rental property on Water & 3rd. - possible sale of property Y. block from Water Street (land across from Cenex). Protect the Gateway . Building material restrictions and be strict..;. (Use brick, must be _color, screening must consist of _) Must fix up wildlife sanctuary - Wildlife on one side of road, industrial on other. Sanctuary needs updating and cleaning! . Future deyelopment of the Highway 7 corridor would look nice if it took on that Western style look something like the town of Annandale. A lot of land is wasted with the development of those ponds on Highway 7, which could have been a good source of revenue for the City -- that one area could have been large enough for a Perkins. ,Land in City limits is too precious to make mosquito and cat tail ponds. Additions or corrections to these notes should be directed to Jennifer Zierke, jzierke@landformmsp.com . .l~~ ~A11 LANDFORM . , i "';1 0, " 0; "I ~i , ~I I ! i 14 i 10(0.) City of Hutchinson OPEN HOUSE SUMMARY . . Attachment: Exhibits . J~ ~ LANDFORM i I , ! . , i .1 ~i ;\ .1 01 I I 115 . IDCo. ) Hutchinson Hutchi,nson, MN City of r Like Downtown -----, Office, Retail and Industrial Uses' _ -~c_ .!~ '::"+:; I __ _ _~~,,~j. 1;.:J- :J+; -- --- , - - Chosen Types of Future Highway 7 Corridor Development (Based on Existing) - - Uses for Travelers . LANDFORM III....' lI~n' , Mil H Mill () ~ ~ Hutchinson Hutchinsont MN City of Auto..Oriented Commercial J~Y'. I iiu~ ~E~:.:~~ Varie~ afRes/dent/al Pedestrian-Oriented RetaillMlxed-Use Chosen Types of Future Highway 1 Corridor Development . - A lLANDFORM 11..111. ~ lUll 'l'a6t:.n - g ~ L/ Hutchi.n~'\jn Hutchinson, MN City of b- .Wider; Gre'en Buffers Lighting and Signage for Tra.ils EiJhanc'e Existing Parks It !!I ~ ~' '~, ..:. c" ~.._ ~ --'1.11 ......11. Othsr US8s,Such as Fairs. and Markets Jl. ,~ ~~~ 'fi' More Outdoor Struc'tures Chosen Amenities "of Future Highway 7 Corridor' . LANDFORM 1I1.~.""'HU-",!"..U .. - C} CV J . . . Marc A. Sebora, City Attorney Office of the City Attorney 111 Hassan Street SE Hutchinson, MN 55350-2522 320-587-5151/Fax 320-234-4201 TO: Mayor & City Council FROM: Marc A. Sebora, City Attorney SUBJECT: Township Orderly Annexation Agreement DATE: June 20, 2007 A number of years ago the City of Hutchinson had drafted an orderly annexation agreement which would identify land outside of the city limits of Hutchinson which appear likely for annexation into the city limits in the relatively near future. However, in the end, only Lynn Township actually signed the agreement. I am enclosing a copy of that agreement labeled as Exhibit "A". Attached as Exhibit "B" is an agreement that Acoma, Hassan Valley and Hutchinson townships forwarded to the city several months ago for the city to consider. As you can see, this agreement is much broader in scope than the city and townships originally worked on. I am also enclosing a letter that I sent to the townships' attorney identified as Exhibit "c" with my concerns over the townships proposed agreement. Finally, attached as Exhibit "D" is the townships' attorney's response to my letter. Last month Rebecca Bowers and I were invited to ajoint meeting of the Hassan Valley, Hutchinson and Acoma Township officials at the Acoma Town Hall where the orderly annexation agreement and the process was discussed. However, we get too far down the road on the subject ofthe orderly annexation agreement, I did want to present this information to the City Council. Please review the attached materials and, in addition, I will have a short powerpoint presentation for the City Council meeting on Tuesday, June 26, 2007. - Printed on recycled paper - 1[;(;'0') . .,..-." YO_II I \ , I . County of McLeod State of Minnesota City of Hut~lnson Resolution No. I a. '8 1'3' and Township of Lynn JOINT RESOLUTION OF THE CITY OF HUTCHINSON AND THE TOWNSHIP OF LYNN AS TO THE ORDERLY ANNEXATION OF PROPERTY WHEREAS, the City of Hutchinson ("City") and the Township of Lynn ("Township") desire to enter into an agreement allowing for the orderly annexation of certain property, pursuant to Minnesota Statute 414.0325, Subdivision 1; and WHEREAS, the City and the Township are in agreement concerning tile annexation of the property identified in Exhibit A (also identified as the staged growth plan attached as a map); and WHEREAS, the area identified was based on the City's capacity to provide sewer services to areas; WHEREAS, it is in the best interest of the City, the township and their respective residents to agree to an orderly annexation in furtherance of orderly growth and the protection of the public health, safety and welfare; and . WHEREAS, the parties hereto desire to set forth the terms and conditions of such orderly annexation by means of this Resolution; NOW, THEREFORE, BE IT RESOLVED by the City of Hutchinson, McLeod County, Minnesota, that the following terms, conditions and agreements shall become binding upon the City and the Township: 1. Upon approval by the respective governing bodies of the City and the Township, this joint resolution shall confer jurisdiction upon Minnesota Planning - Municipal Boundary Adjustments (hereinafter "Minnesota Planning") to accomplish the orderly annexation of the lands described in the attached Exhibit A in accordance with the terms of this joint resolution. 2. Pursuant to Minnesota Statutes 414.0325, subdivision 1, the parties do hereby designate the area described in the attached Exhibit A as an Orderly Annexation Area in need of orderly annexation. The described Orderly Annexation Area consists of approximately 1427 acres. . IDCb) Orderly Annexation Agreement Lynn Township Resolution No. I.?- 'i3 \ ~ Page 2 . 3. The City covenants and agrees that it will preserve the drainage functions of all drain tiles located within the Orderly Annexation Area by designing and constructing a municipal storm sewer system and allocating the costs thereof as described in this resolution, to the extent that the future development of properties within the Annexation area shall not significantly adversely impact existing drainage in the areas of the Township outside the orderly Annexation Area as such drainage exists at the time of the signing of this agreement. 4. For all property annexed pursuant to this Joint Resolution, the City shall remit to the Township, property taxes as follows: a. Property taxes payable on the annexed area for the year in which the annexation becomes effective shall be paid to the Township. Thereafter, property taxes shall be paid to the city but shall be apportioned as listed below, and the City shall make a cash payment to the Township yearly in the following amounts: 1. In the first year following the year in which the land . was annexed, 95% of the property taxes paid to the Township in the year the land was annexed; 2. In the second year following the year in which the land was annexed, 85% of the property taxes paid to the Township in the year the land was annexed; 3. In the third year following the year in which the land was annexed, 65% of the property taxes paid to the Township in the year the land was annexed; 4. In the fourth year following the year in which the land was annexed, 45% of the property taxes paid to the Township in the year the land was annexed; 5. In the fifth year following the year in which the land was annexed, 25% of the property taxes paid to the Township in the year the land was annexed. b. Thereafter all property taxes from the described p rope rty shall be paid to the City. . ~U\~o\ lOCb) ... ~ vlu,=,ny t'fUl'='XaUUll ^gfeemem: Lynn Township Resolution No. \ ~~ \ g' Page 3 . . . 6. This Joint Resolution may be amended from time to time by the City and the Township upon such terms as are mutually acceptable to the parties. 7. The City and the Township mutually state that no alteration by Minnesota Planning to the boundaries as described on Exhibit A ("the orderly annexation area") is appropriate or permitted. 8. Having designated the area described on Exhibit A as in need of orderly annexation, and having provided for all of the conditions of its annexation within this document, the parties to this agreement agree that no further consideration by Minnesota Planning is necessary. As such, Minnesota Planning may review and comment, but shall, within thirty (30) days of the date of receipt of this Joint Resolution for Orderly Annexation, order the immediate annexation of. the properties and land described in the attached Exhibit A in accordance with the terms of this Joint Resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON THIS ;;).3.,.d DAY OF ~\A.-"",+ , 2005 "" \. I. '\ r () 'to 1\;-)..\ \.";-l.... \.,\J~ ~ Steven W. Cook Mayor ,~~ Gary D. Pldti. ' City Administrator ADOPTeD BY THE OF f-lu..j' '--Jnn ,2005 TOWNSHIP BOARD THIS 0< DAY -#d/~ Chair (?:;" n TownshiP. ~~ , Clerk " ?/ (1 Township IDeO) " . . . Orderly Annexation Agreement Lynn Township Resolution No. l~ '& I '6 Page 4 .~' Exhibit A " TheNE 114 and SE 1/4 ofSecuon 3, TlI6N,R30W. East 1/2 of Section 10, TlI6N, R30W. The W 1/2 ofNW 1/4 of Section 2, TlI6N, R30W. TheN 1/2 oftheNE 114 ofSecuon 15, TII6N, R30W. The NW 1/4 of the NW 1/4 of Section 14, TlI6N, R30W. Section 11, T1l6N, R3OW. The SW 1/4 of Section 12, T116N, R30W. TheN 1/2 oftheNW 1;l of Section 13, TII6N, R30W. 1 cOo ') . . . 1. t'fkl b:f-D" DRAFT DAlED MARCH 20, 2006 H~- TOWN OF :xxxxx RESOLUTION NO. CITY OF HUTCHINSON RESOLUTION NO. MUNICIPAL BOUNDARY ADJUSTMENTS DOCKET NO. JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE TOWN OF :xxxxx AND THE CITY OF HUTCHINSON, MINNESOTA WHEREAS, the City of Hutchinson (hereinafter referred to as the "City") and the Township ofXXXXX (hereinafter referred to as the "Town or Township"), both located entirely within McLeod County, in the State of Minnesota desire to accommodate growth in the most orderly fashion, and have agreed that there is a clear need for a cooperative future planning effort for the land governed by the two jurisdictions; and WHEREAS, the Town Board and City Council have expressed their desire to encourage future deyelopment ofland near the City so as to avail such development of municipal services as much as is practical, while encouraging the retention ofland in agricultural use; and WHEREAS, a joint orderly annexation agreement between the parties hereto is beneficial to both parties from the standpoint of orderly planning and orderly transition of government within the area proposed to be annexed, and provides the guidelines under which such annexation shall take place. NOW, THEREFORE, BE IT RESOLVED, in consideration of the rnutual terms and conditions that follow that the City and Town enter into this Joint Resolution for Orderly Annexation and that the property herein described is proposed to be annexed by the City of Hutchinson and shall be annexed subject to the following terms and conditions: 1. Designation of Orderly Annexation Area. The Township and the City hereby designate the areas A, B, Cand D as legally described in Exhibit 1 attached hereto and incorporated herein by reference (hereinafter referred to as the "Orderly Annexation Area", "OAA" or "Subject Area") for orderly lDCb) j . . . " annexation pursuant to Minnesota Statutes, Section 414.0325. A boundary map showing the Subject Area including subparts A, B, C, and D all legally described in Exhibit 1 is attached hereto as Exhibit 2 and incorporated herein by reference. The Township and City agree that the Orderly Annexation Area legally described in Exhibit 1 and designated for orderly annexation pursuant to Minnesota Statutes, Section 414.0325 is approximately acres and has a population of 2. Office of Administrative Hearinl!:s. Municipal Boudarv Adjustments. Upon approval by the Town Board and the City Council, this Joint Resolution shall confer jurisdiction upon the Office of Admistrative Hearings, Municipal Boundary Adjustments (hereinafter referred to as "the MBA") or its successor pursuant to Minnesota Statutes. Pursuant to Minnesota Statutes, Section 414.0325, the Township and City agree that no alteration of the boundaries stated herein is appropriate, that all conditions for annexation of the Subject Property legally described in Exhibit 1 are contained in this Joint Resolution, and that no consideration by the MBA, or its successor agency, is necessary. Any alterations of boundaries may only be made upon the joint agreement of the Town and City. Upon the execution and filing of this Joint Resolution, the MBA may review and comment thereon, but shall, within 30 days of receipt of this Joint Resolution, order the annexation of the Subject Area legally described in Exhibit 1 in accordance with the terms and conditions contained in this Joint Resolution. 3. Planninl!: and Land Use Control Authority. The Town and City mutually agree and state that planning and land use control authority within the designated orderly annexation area shall be pursuant to the "Zoning Ordinance of the Hutchinson Joint Planning Area, Minnesota dated December 3,1997". Any issues that would normally come before the Planning Commission of either the City, the Town, or the County that inyolved land within the boundaries of the orderly annexation area shall be heard by the Joint Planning Board. The Joint Planning Board shall also serve as the "goyerning body" and "board of appeals and adjustments" for purposes of Minnesota Statutes Sections 462.357 and 462.358, within the orderly annexation area. The Board shall have all of the powers contained in 2 tt,cb ') . . . " Minnesota Statutes Sections 462.351 to ~62.364 and shall have the authority to adopt and enforce the Uniform Fire Code promulgated pursuant to Section 299F.Oll. 4. Township's Taxation Reimbursement Policv. Unless otherwise agreed to by the Parties, during the term of this Agreement the Township's Taxation Reimbursement Policy shall be as follows: To compensate the Township for the permanent loss of taxable property from Township tax rolls, the property owner petitioning for annexation shall pay the Township a per-acre amount ("Taxation Reimbursement") for all land annexed by petitioner to the City under this Agreement. Unless agreed otherwise by the parties, said payment shall occur prior to the City accepting or processing any application from petitioner for annexation and shall be calculated in accordance with the following formula: A. Unimproyed Lands. For all unimproyed lands annexed into the City under this Agreement after the date of this Agreement but before January 1, 2007, $500.00 per acre of annexed land. "Unimproved land" for purposes of this Agreement shall mean any parcel of property except parcels of property ten acres or less in size which contain a principal commercial or industrial structure, or property of forty acres or less which contains a residence. All properties annexed after December 31, 2006 shall pay an adjusted fee, calculated as follows: 1. A "Base Price" shall be established by determining the average per- acre price of property which is 1) annexed to the City and 2) has been sold after January 1, 2001, but no later than one year after its annexation to the City, and 3) contains 10 or more acres. 2. Adjustments to the Taxation Reimbursement amount shall be made for annexations occurring on or after each of the following dates ("Adjustment Date"): January 1, 2008 January 1, 2010 January 1, 2012 January 1, 2014 January 1, 2016 January 1, 2018 January 1, 2020 3 IDLb) . . . . . January 1, 2022 January 1, 2024 January 1, 2026 January 1, 2028 January 1, 2030 January 1, 2032 January 1, 2034 3. Immediately after each such Adjustment Date, the Township shall determine an "Adjusted Base Price" which shall be the ayerage per- acre price of property which has been annexed to the City for the five years immediately preceeding the Adjustment Date. The Adjusted Base Price shall then be divided by the Base Price. The result of this calculation shall be multiplied by $500.00 to arrive at , the Taxation Reimbursement arnount applicable to all annexations occurring after the most recent Adjustment Date. This calculation shall be repeated after each Adjustment Date. 4. As an example of this calculation which would occur immediately after January 1,2008, The Township would obtain the ayerage purchase price of property containing 10 acres or more that was sold within the five years prior to January 1,2008 and was annexed to the City under this Agreement. This ayerage would then be compared to the the average acreage price for the period between January 1,2003 and January 1,2008. Assuming that the average acreage price meeting the criteria stated above for the years January 1, 2003 to January 1,2008 is $10,000 per acre, the Base Price would be $10,000. If the ayerage purchase price ofland which was annexed under this Agreement between January 1, 2003 and January 1,2008 is $11,000 per acre, then the Adjusted Base Price would be $11,000. $11,000 divided by $10,000 equals 1.1, which would be multiplied by $500.00 to arrive at $550.00, which would be the Annexation Reimbursement amount applicable to annexations which occur between January 1, 2008 and January 1,2010. B. Improyed Lands. For all improyed properties annexed into the City under this Agreement the Township's Taxation Reimbursement Policy shall be the taxes that it would have receiyed for the year in which the land is annexed to the City rnultiplied by ten years. "Improved land" for purposes of this Agreement shall mean any parcel of property of forty acres or less which contains a residence, or a parcel ofland often acres or less which 4 IDCJ:>J . . . ." . contains a principal comrrfercial or industrial structure. 5. Delilll!Uent Taxes. The City agrees that it shall remit all delinquent taxes, charges and assessments collected from any portion of the Orderly Annexation Area if such taxes or charges were originally payable while the delinquent property remained in the Township. Additionally, when a property no longer qualifies for special tax treatment through Green Acres or other applicable programs such as Ag Preserves, CRP, This Old House, and taxes that were deferred under one of these programs is paid to the City, the City shall remit to Township the amount which was deferred during the time the property was in the Township. 6. Assumption of Liability for Public Improvements. The Parties agree that the City does not assume by this annexation any liability or responsibility for the payment of any obligations issued to finance public improvements constructed by the Township or for which special assessments were levied by the Township. In the eyent that the City annexes land under this Agreement upon which outstanding special assessments leyied by the Township remain at the time of annexation, the City shall forward to the Township upon receipt all special assessment payments which the City receives as a result of special assessments levied by the Township. 7. Tax Step-Up for Developed Residential Property. For residentially developed properties existing in the Town that are annexed pursuant to this Agreement, the tax rate of the City on the area annexed shall be increased substantially equal proportions over a six year period to equality with the tax rate on the property already within the municipality. As an alternative, the City may elect to impose its rual residential tax rate in lieu of the standard city tax rate proyided such residents receive no city services other than police, fire, and development services. 8. Conditions of Orderly Annexation. The City and the Town mutually state that properties in the areas designated A, B, C and D as shown on Exhibit 1 and legally described on Exhibit 2, or a portion thereof, shall be annexed to the City by the MBA upon receipt of the City's resolution when all of the Agreement's terms and conditions have been satisfied including the following: A. The property to be annexed under this Agreement rnust be located within the annexation area legally described on attached Exhibit I and graphically depicted on attached Exhibit 2. 5 \C(b) . . . "., . B. The property owner(s) desiring annexation to the City must petition the City of Hutchinson and the Town ofXXXXX simultaneously. C. If the property to be annexed is part of a platted residential subdivision, the petition must be signed by the indiyidual owners of record of at least 66% of the platted lots and the entire subdivision shaH be annexed. D. If the propety to be annexed is part of a non-platted residential subdivision, the petition must be signed by the the individual owners of record of at least 66% of the lots, parcels or properties contained within the residential area. A noncplatted residential subdiyision area is defined as lots, parcels or properties of record used for residentail purposes containing five acres or less that are continguous to each other. E. A petition for property to be annexed that is not part of a platted or non- platted residential subdivision the petition must be signed by 100% of the individual owners of the property proposed to be annexed. F. Parcels of land in areas A, B, C, and D will only be considered for annexation ifthey are (i) both the City and Town agree to the annexation, or (ii) the property is owned by the City for public purposes (Le. parks or public works facilities), or (iii) one of the foHowing applies: 1. After 70% of Area A is annexed into the City, annexations may occur anywhere within Area B; and 2. After 85% of Area B is annexed to the City, annexations may occur anywhere within Area C; and 3. After 85% of Area C is annexed to the City, annexations may occur anywhere within Area D. G. Excpet for platted and non-platted residential subdiyisions, property owners seeking annexation pursuant to the terms and conditions of this Agreement, if required by the City, shall participate in or develop a master plan for the subject annexed property and surrounding area. 6 tt:(b) . '. . . . H. Any property whether in Area A, B, C or D which is less than 40 acres in size and which is entirely r;urrounded by the City may be annexed by the City anytime 10 years after the date on which it becomes surrounded by the City. Roadways will be ignored when considering whether a property is surrounded. 1. The City of Hutchinson agrees not to initiate annexation, accept or support a property-owner petition for annexation, or process any application for annexation under this Agreement until such time as the City receives written confirmation from the Township that the Township's taxation reimbursement policy contained in Sections 4 and 5 of this Agreement have been paid by the property owner petitioning the City for annexation. J. The City agrees to forward to the Township for review a copy of all concept plan, prelirninary plat and final plat submitals. If further information is requested by the Township, the Deyeloper and/or City Planner shall attend a Town Board meeting to answer questions regarding the proposed plat. The Township may then submit written documentation stating the opinion of the Town Board for the development on or before any reasonable deadline established the City. The City shall require in its Developer's Agreement that the costs incurred by the Township, if any, to reyiew the proposed development shall be paid by the Developer and/or property owner following billing by the Township. Inaddition, the Township Board may name a representative to serve on the City Planning Commission. K. The City shall require in its developer's agreement regarding development of all lands annexed pursuant to this Agreement that the Developer meet the requirements of the City's Storm Water Management Plan. Further, unless otherwise agreed to by the Parties, the City, through its developer's agreernent, shall require that any functioning drain tile lines located during deyelopment of any parcel located within Exhibit A be connected to the City's storm sewer system. Further, the City will use good faith efforts to eliminate problems caused in the Township by the drainage and grading completed as a result of development of the property annexed pursuant to this Agreement. L. The City agrees, as part of the mailing process for public hearing notice of the preliminary plat, to mail notice to property owners within a quarter rnile of the proposed plat. 7 )cib) . M. All annexations are subject to this Agreement. Annexation ofland in areas A, B, C, or D must occur in accordance with the terms and conditions of this Agreement. N. In the event of receipt of a valid petition, as provided in this Agreement, the City shall provide a copy of the property owner petition to the Township at least 30 days prior to taking action as provided in this Paragraph. Pursuant to Minnesota Statutes, Section 414.0325, the City may thereafter adopt a resolution (referred to as the "Annexation Resolution") describing such area and file the same, along with a copy of this Joint Resolution, with the MBA or its successor agency who may order the annexation of the area designated in the Annexation Resolution in accordance with the terms and conditions of this Agreement. 10. Roads Within Area Designated For Orderlv Annexation. A. . For all properties annexed under this Agreernent, the City shaH require that prior to final plat approval for the properties annexed pursuant to this Agreement, that the City will initiate a preconstruction meeting between the Township, the City and the Developer to identify the roads to be used during plat development (including construction or residences). Ifuse of the Township's roads is unavoidable or deemed appropriate by the Township, the City shall require that the Developer maintain any Township roads used during construction including, but not limited to, dust control coating, grading, and repair of any damage caused when construction traffic uses Township roads. B. Those roads to be used during plat development (including construction of residences) shall be identified in the City's developer's agreement. No other roads shall be used without the prior agreement of the Township. C. It is the intent of the parties, if possible, to avoid the use of Township roads for plat deye10pment. D. . The Developer shall warrant to the Township for a period of two years from the date the Township accepts the finished repairs to any Township roads repaired under the terms ofthis Agreement that all such repairs have been constructed to Township standards and shall suffer no significant impairments, either to the structure or to the surface or other usable areas due to improper construction, said warranty to apply both to poor materials and faulty workmanship. 8 \ l:(b'J . E. F. . Further, unless otherWise 6greed by the Township, Deyeloper shall repair any township roads damaged during construction within thirty (30) days of being notified by the Township. lnthe event that the Developer fails to repair any township roads damaged during construction within the time frame specified, the Township may cause the necessary repairs to be completed and bill the Deyeloper. The Developer's Agreement shall require that the Developer upon being billed by the Township, shall pay within thirty (30) days of the mailing of said billing the said amount or the City will pay the Township from any surety deposited by the Developer with the City. At the preconstruction meeting, the City, the Township and the Developer will assess and determine the existing condition of potentially impacted Township roads in order to establish a baseline for possible repairs that may result from construction activity with respect to the development. For paved roads, the Developer is required to repair that damage to a Township road caused by the Developer. For grayel roads, the Developer is required to restore the gravel road to Township standards for that portion of the road damaged by the Deyeloper. Unless otherwise agreed to by the Parties, the City shall require that all roadways abutting or serving the new developments shall be improved with bituminous by the deyeloper and/or property owner petitioning for annexation from the access of the developrnent to the nearest County, City or State road. G. The City shall maintain all roads annexed to the City. H. The Township and City recognize that there may be instances where it is appropriate for the City to assume responsibility to maintain additional portions of Town roads because city deyelopment imposes an undue burden on Town roads that serve the annexed property. The City may, only at the Township's request, annex the entire road and right of way (i.e. both sides of the road) where the City has annexed property abutting one side of the road. The length of road required to be annexed shall be limited to the length of road directly abutting the property annexed under this Agreement to the nearest County, City or State road. 11. Provision of Municipal Utility Service. . A. Extension of Services. Extension of sanitary sewer service to annexed properties requesting sewer service will be a high priority of the City. 9 1tf~ ) . . . ..' , B. Assessment Rates. Assessment or connection charges to annexed properties will be at the City's customary rates for improvements ofa similar type at the time of benefit and/or connection to such service. C. Time-line for Connection to Sanitarv Sewer Service. Unless otherwise agreed to by the parties, where sanitary sewer service is readily ayai1able to an annexed property, the annexed property shall connect to municipal services on the earlier of one of the following: 1. The property owner petitions for service; 2. The property is sold or otherwise transferred for purposes other than agricultural; 3. Construction of new buildings or expansion .of existing buildings occurs on the property; 4. The property's septic system is failing; or 5. State or Federal law requires connection. D. Proyision of Other Municipal Services. The City shall be responsible for the provision of all normal and customary municipal services to annexed properties unless an agreement is made with the local electrical cooperatiye servicing the property to be annexed to continue to provide electrical power to the annexed property. 12. Deferred Assessment Policv. With respect to road, sewer and water improyements to be constructed within the OAA, Hutchinson's policy for deferred, delayed, or future assessments for such improvements shall be as follows: A. Sanitary sewer and Water Utilities. The City of Hutchinson shall not specially assess any properties in xxxxx: Township related to the cost of construction of sanitary sewer and water utilities located within the Orderly Annexation Agreement. However, the City of Hutchinson may impose connection charges as permitted by law on properties within the Orderly Annexation Agreement that are to become due and payable at such time as the properties are: 1) annexed to the City of Hutchinson, and 2) connect to municipal water or sewer service. 10 \DCb) '. .. , " . . . B. Street and Curb and Gutter '1nd Storm Sewer Utilities. The City of Hutchinson shall not specially assess any properties in XXXXX Township related to the cost of construction of streets; -curb;gutte, or storm sewer within the Orderly Annexation Agreement. However, the City of Hutchinson may, ifit chooses, impose charges upon such properties for such properties' proportionate share of such improvements as a condition of annexation to the City of Hutchinson. Additionally, upon annexation, the City of Hutchinson may impose charges related to the construction and maintenance of its storm water system only if properties collect and forward collected water to the City's storm water system. C. Reservation of Rights. The City of Hutchinson reserves the right to enter into development agreernents with the developers of any specific parcels of property within the Orderly Annexation Area that yary from the terms of this paragraph with respect to such parcel. 13. Periodic Review. The City and Town mutually agree and state that a periodic review of this Agreement is to be conducted beginning fiye (5) years after the effective date of this agreement and every five (5) years thereafter. 14. Authorization. The appropriate officers of the City and Town are hereby authorized to carry the terms of this Joint Resolution into effect. 15. Severability and Repealer. A determination that a provision of this Joint Resolution is unlawful or enforceable shall not affect the validity or enforceability of the other provisions herein. However, should any element of paragraphs 4 and 5 relating to "Taxation Reimbursement" be deemed unlawful or unenforceable, the Township at its descretion may terminate this Agreement. Any prior Agreement or Joint Resolution existing between the parties and affecting the property described in the attached Exhibits including, but not limited to, any previous Orderly Annexation Agreements and any amendments thereto shall be considered repealed upon the effectiye date of this Joint Resolution. 16. Effective Date and Termination. This Joint Resolution shall be effective upon adoption by the goyeming bodies of the City and Town and approyed by the MBA. Unless the parties have agreed to an II \DCb) . . . extension, this agreement shall terminate on December 31,2036. However, should any element of paragraphs 4 and 5 relating to "Taxation Reimbursement" be deemed unlawful or unenforceable, the Township at its descretion may terminate this Agreement. Further, notwithstanding the termination of this Agreement, the provisions of paragraphs 3,4,5,8,10, 11, and 12 of this Agreernent shall remain binding after the termination of the Agreement for all properties annexed under the terms of this Agreement prior to its termination. 17. Disputes and Remedies. The City and Township agree as follows: A. Negotiation. When a disagreement oyer interpretation of any provision of this Joint Resolution shall arise, the City and the Township will direct staff members, as they deem appropriate, to meet at least one (1) time at a mutually convenient time and place to attempt to resolve the dispute through negotiation. B. Mediation/Arbitration. When the parties to this Joint Resolution are unable to reso1ye disputes, claims or counterclaims, or are unable to negotiate an interpretation of any provision of this Joint Resolution, the parties may mutually agree in writing to seek relief by submitting their respective grievances to mediation and/or binding arbitration. C. Adjudication. When the parties to this Joint Resolution are unable to resolye disputes, claims or counterclaims, are unable to negotiate an interpretation of any provision of this Joint Resolution or are unable to agree to submit their respective grievances to mediation or binding arbitration, or such action has not otherwise resolved the rnatter in dispute, either party may seek relief through initiation of an action in a court of competent jurisdiction. In addition to the remedies provided for in this Joint Resolution and any other available remedies at law or equity, in the case of a violation, default, or breach of any provision of this Joint Resolution, the non-yiolating, non-defaulting, or non-breaching party may bring an action for specific performance to compel the performance of this Joint Resolution in accordance with its terms. 18. Amendment. Both parties reserve the right to initiate an arnendment or reyision to the Agreement at any time. 12 loeb) . . . 19. Costs Associated with the Orderlv Annexation A!!:reement. /! 'i- Each party shall pay its own costs incurred in the negotiation, development and implementation of this Agreement. 20. Venue. The venue for all actions concerning this Agreement shall be McLeod County, Minnesota. 21. No Further Annexation. During the term of this Agreement, the City shall not annex any property from the Township except as set out in this Agreement. The parties recognize that property owners continue to maintain those options available by law at the time of their action to pursue municipal boundary adjustments. However, The City agrees not to initiate, support, or accept a property owner petition for annexation of property located in XXXXX Township that is inconsistent with the terms of this Agreement andlor that are located outside of the Orderly Annexation Area. It is the intent of the parties that this Agreement set the exc1usiye geographical boundaries of land which may be annexed and set the exclusive procedures under which annexation from the Township to the City may occur during the term of this Agreement. 22. Entire Al!reement. With respect to the Subject Area and Orderly Annexation Area legally described in Exhibit 1 and shown on Exhibit 2, respectiyely, which are attached hereto and incorporated herein by reference, the terms, covenants, conditions, and provisions of this Joint Resolution shall constitute the entire agreement between the parties hereto superseding all prior agreements and negotiations between the parties. 23. Notice. Any notices required under the proyisions of this Joint Resolution shall be in writing and deemed sufficiently giyen if delivered in person or sent by U.S. mail, postage prepaid, to the City Administrator or to the Township Clerk at their official addresses. 24. Lel!al Description and Mappin!!:. The Township and City agree that in the eyent there are errors, omissions or any other problems with the legal description proYided in Exhibit I or mapping provided in Exhibit 2, in the judgment ofthe MBA, the City and Township agree to make such corrections and file any additional documentation, including a new Exhibit I or 2 making the 13 \OCIo ') " .. corrections requested or required by the MBA as necessary to make effective the . annexation of said Subject Area in accordance with the terms of this Joint Resolution. PASSED, ADOPTED AND APPROVED by the XXXXX Town Board of Supervisors, McLeod County, Minnesota this day of ,2006. XXXXX TOWNSHIP Chair Clerk I, the undersigned, Corrinne Schlueter, being duly qualified Clerk for the Town of XXXXX, Minnesota, hereby certify that I haye carefully compared the attached and foregoing excerpt Resolution No. Authorizing Execution of a Joint Annexation Agreement Between the City of Hutchinson and XXXXX Township, with the original Resolution on file in my office and the excerpt is a full, true and exact copy of the Resolution. . WITNESS My hand as Clerk ofXXXXXTownship and the seal ofthe Town of Hutchinson this _ day of 2006. Town Clerk Town of XXXXX, Minnesota PASSED, ADOPTED AND APPROVED by the Hutchinson City Council, McLeod County, Minnesota this day of , 2006. CITY OF HUTCHINSON Steyen Cook, Mayor Kenneth Merrill City Clerk/Treasurer . 14 tc(b ') . . . . I, the undersigned, , being duly qualified Clerk for the City of Hutchinson, Minnesota, hereby certify that I haye carefully compared the attached and foregoing excerpt Resolution No. Authorizing Execution of a Joint Annexation Agreement Between the City of Hutchinson and XXXXX Township, with the original Resolution on file in my office and the excerpt is a full, true and exact copy of the Resolution. WITNESS My hand as City Clerk and the corporate seal of the City this _ day of 2006. City Clerk/Treasurer City of Hutchinson, Minnesota C;\Bob\Tl>\lI1IS\XXXXX\AA.,.;lb 1iu1d>inJoll'Ordal,.~ AsrCCll\tDld~lcd Pebruary13.2006.DOC 15 IbC(.,.) . . . t.- ')( h \ l) rr L.., Marc A. Sebora, City Attorney Office of the City Attorney 111 Hassan Street SE Hutchinson, MN SS3SO~2S22 320-587-5151/F.. 320-234-4201 August 11,2006 Michael Couri Couri, MacArthur & Ruppe, P.L.L.P. 705 Central Ave. East PO Box 369 St. Michael, MN 55376-0369 Re: Orderly Annexation Agreement for the Townships of Acoma, Hassan Valley and Hutchinson and the City of Hutchinson, Minnesota Dear Mr. Couri: As you know, some time ago you forwarded a draft orderly annexation agreement between the above-captioned parties for my review. Since that time, the proposed agreement has been discussed at the Hutchinson Joint Planning Board for which I am the attorney and I have been directed to address my comments concerning the agreement directly to you. Following that directive, here are my thoughts in reviewing the document, which for the most part follow the order of the agreement: 1. I am making the assumption that ultimately the orderly annexation agreement would encompass all of the townships that border the City of Hutchinson which are the three above-captioned townships, along with the township of Lynn. As you may know, the Township ofLynn currently has an orderly annexation agreement which is not as encompassing as the one you are proposing. 1 would not recommend to the City of Hutchinson that it enter into this agreement until such tirne Lynn Township sought to voluntarily end their current agreement with the City of Hutchinson. I think it is extremely important that, to the extent possible, all of the townships enter into the same agreement. 2. The last full paragraph on page 2 would require approval of the McLeod County Board since that body enacted the Joint Planning Zoning Ordinance and has specifically maintained that the County zoning ordinance controls issues not fully addressed by the Joint Planning Zoning Ordinance. - Printed on recycled paper - ~bCk:> ') . . . . 3. Paragraph A under Section 4 on page 3 talks about the City paying a township $500.00 per acre ofland annexed into the City accompanied by a calculation that would adjust this amount based on land yalues for the length of the agreement. Frankly, I am uncomfortable with the City being the collection agency for these payments on behalf of the respectiye townships. I also have questions regarding the enforceability of this requirement upon a person or entity that is not a party to this agreement. I am wondering if you could share with me an example of a Court upholding such an agreement or an Attorney General's Opinion on this subject. 4. In Section 4(A)2 (and for the rest of the agreement as well), the agreement is too long. My suggestion is that if this agreement is entered into, that it be for a period of five years. After that, we can always choose to enter into a new agreement if it is working out. 5. Section 7, page 5: This paragraph does not provide enough flexibility for the City to take into account the condition of the properties being annexed into the City, which may have unique problems, such as septic system failures, etc. 6. Section 8(B), page 6,: "Simultaneously" would need to be defined further. 7. Paragraph D, page 6, last line: The word contiguous should be changed to adjacent. 8. Page 6, paragraph E: The percentage would have to be negotiated and "owners" would have to be defined as not to include lessees or sublessees. 9. Page 6, paragraph F: Areas A, B, C, and D must still be defined and the concept in this paragraph that both the City and Town agree to the annexation is problematic because it does not give flexibility in certain situations (e.g. septic system failures). 10. Paragraph H, page 7: I have the same concerns as listed in item 9 above. 11. Paragraph J, page 7: I would not agree to enforced costs required by townships. In addition, requiring townships to have representatives on the City Planning Commission would not be acceptable. 12. Paragraph K, page 7: Allowing rural tile Jines to be tied into the City's sewer system unfairly burdens the City taxpayer and unduly burdens the City's sewer system. 13. Section 10, paragraph A, page 8: In the second paragraph, the paragraph should be changed to state, "If, in the opinion of the City, use of the Township's roads... ". \b(0) . . . . 14. Section 10, paragraph D, page 8: Again, the City should not be placed in a position of enforcing agreements between developers and the township. 15. Section 10, paragraphs F and G, page 9: These paragraphs are too ambiguous as to what roadways "serve new developments" and, further, in the City of Hutchinson many roadways are priyately built and maintained and the City would insist that that option be available to developers and landowners. 16. Section 10, paragraph H, page 9: If this paragraph is adopted and entire roadways were annexed, the City would insist on payment of the township's share oftaxes for the side of the roadway that is still in the township but maintained by the City. 17. Section 11, paragraph C and D, page 10: These proyisions are problematic for the City in that it does not allow for flexibility with regard to it does not allow for planning and financing flexibility to provide services which would include natural gas on the chance occurrence ofthe events listed. Those are my initial thoughts concerning the proposed agreement and I'm sure other concerns will arise as this idea evolves. If you wish to discuss the agreement further, please contact me. Sincerely, Marc A. Sebora City Attorney MAS/ms \DC~) . . . --", bll.lbi+ "~' Michael C Couri. Andrew J. MacArthur Robert T. Ruppe" COURl, MACARTHUR & RUPPE, P.L.L.P. Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) courimacarthur@earthlink.net David R. Wendorf Kristen H. Carr Kyle R. Hartnett "A/.I'o licensed in fl/inois ""'Also licenfed in Cafifbrnia October 6, 2006 Marc A. Sebora Hutchinson City Attorney 111 Hassan Street SE Hutchinson, MN 55350 Re: Orderly Annexation Agreement for the Townships of Acoma, Hassan Valley and Hutchinson Dear Mr. Sebora: Thank your for providing your thoughts regarding the Township's proposed Orderly Annexation Agreement. I thought that it might be easier to address each of the concerns raised in your letter. Please note that this response has not been reviewed or approved by the Township OAA Committee. The committee members and I would be willing to meet with the City to discuss the proposed OAA and the City's concerns. Please feel free to give me a call to schedule a meeting. 1. I am making the assumption that ultimately the orderly annexation agreement would encompass all of the townships that border the City of Hutchinson which are the three above-captioned townships, along with the township of Lynn. As you may know, the Township of Lynn currently has au orderly annexation agreement which is not as encompassing as the one you are pmposing. ! would not recommend to the City of Hutchinson that it enter into this agreement until such time Lynn Township sought to voluntarily end their current agreement with the City of Hutchinson. I think it is extremely important that, to the extent possible, all of the townships enter into the same agreement. 1 have no objection to including Lynn Township in the orderly annexation agreement and would recommend that they be included to the Townships. 2. The last full paragraph on page 2 would require approval of the McLeod County Board since that body enacted the Joint Planning Zoning Ordinance and has specifically maintained that the County zoning ordinance controls issues not fully addressed by the Joint Planning Zoning Ordinance. \0 (10 ) . Marc A. Sebora Hutchinson City Attorney October 6, 2006 Page 2 I have no objection to including McLeod County Planning and Zoning in our discussions. It was my intent in drafting the proposed agreement to satisfy both the statutory requirernents contained in Chapter 414 but also to respect the coordinated planning activities that are working for the area. This section may need to be modified to reflect the joint planning that is currently being undertaken by the Parties. 3. Paragraph A under Section 4 on page 3 talks about the City paying a township $500.00 per acre of land annexed into the City accompanied by a calculation that would adjust this amount based on land values for the length of the agreement. Frankly, I am uncomfortable with the City being the collection agency for these payments on behalf of the respective townships. I also have questions regarding the enforceability of tbis requirement upon a person or entity that is not a party to this agreement. I am wondering if you could share with me an example of a Court upbolding such an agreement or an Attorney General's Opinion on this subject. . To my knowledge there is no Attorney General's Opinion on this topic. At present all we have is the guidance from the State Legislature which during the last legislative session modified the language of Minn. Stat. 414.036 regarding "City Reimbursement to Town to Annex Taxable Property." The amended statute now states that "Unless otherwise agreed to by the annexing municipality and the affected town, ...." the order or other approval annexing property under Chapter 414 must provide a reimbursement from the municipality to the town for all or part of the taxable property annexed as part of the order. Kent Sulem, the lead lobbyist for the Township Association, informed me that this language allowing the City and Township to contractually agree to the amount oftax reimbursement was a compromise with the Builder's Association. According to Mr. Sulem, the Builder's Association did not want to directly address this tax reimbursement policy. Their main concern appears to be not the policy itself but that it could be abused by a City and Township. The amount of tax reimbursement that we are suggesting is consistent with the recent agreements that have been reached between many cities and their neighboring townships. With regard to the City's concerns regarding being the "collection agency" for the Township, I would like to propose the following language for your consideration: The City and Township agree that per the Township's taxation reimbursement policy, the property owner applying for annexation shall first pay to the Township an amount outlined in this section. This shall reimburse the Township for the loss of taxes from the property so annexed. Other than the reimbursement outlined below from the property owner, no other reimbursement or taxes shall be owed to the Township by the City except as provided in this section. . \ bOo) . . . Marc A. Sebora Hutchinson City Attorney October 6, 2006 Page 3 Unless otherwise agreed to by the Parties, during the term of this Agreement the Township's Taxation Reimbursement Policy shall be as follows: A. Taxation Reimbursement Amount. The Property Owner shall pay the Township a per-acre amount ("Taxation Reimbursement") for all land ,annexed to the City under this Agreement. Unless agreed otherwise by the parties, said payment shall occur prior to the City accepting or processing any application from petitioner for annexation and shall be calculated in accordance with the following formula: 1. Unimproved Lands. For all unimproved lands annexed into the City under this Agreement after the date of this Agreement $500 per acre. "Unimproved land" for purposes of this Agreement shall mean any parcel of property except parcels of property ten acres or less in size which contain a principal commercial or industrial structure, or property of forty acres or less which contains a residence. Adjustments to the Tax Reimbursement. Beginning in 2009, and annually thereafter, the tax reimbursement shall increase 5%. 2. Improved Lands. For all improved properties annexed into the City under this Agreement the Township's Taxation Reimbursement Policy shall be the taxes that it would have received for the year in which the land is annexed to the City multiplied by ten years. "Improved land" for purposes of this Agreement shall mean any parcel of property of forty acres or less which contains a residence, or a parcel of land of ten acres or less which contains a principal commercial or industrial structure. Other than the reimbursement outlined above, no other reimbursement or taxes shall be owed to the Township from the City and property owners. 4. In Section 4(A)2 (and for the rest of the agreement as well), the agreement is too long. My suggestion is that if this agreement is entered into, that it be for a period of five years. After that, we can always choose to enter into a new agreement if it is working out. The length of the Agreement is negotiable between the parties. I proposed a 30 year agreement so that the parties have the ability to do long term planning. I propose that this issue be worked out when we meet. S. Section 7, page 5: This paragraph does not provide enough flexibility for the City to take into account the condition of the properties being annexed into the City, which may have unique problems, such as septic system failures, etc. \t:{b) . . . Marc A. Sebora Hutchinson City Attorney October 6, 2006 Page 4 I suggest that we discuss Section 7, "Tax Step-Up for Developed Residential Property" , when we meet and see if there is a way to meet the needs of Township residents annexed into the city and still address the City's concerns. 6. Section 8(B), page 6,: "Simultaneously" would need to be defined further. I would propose the following language: The property owner(s) desiring annexation to the City must provide notice to the Township that they have petitioned the City of Hutchinson for annexation. 7. Paragraph D, page 6, last line: The word contiguous should be changed to adjacent. 1 will make that proposed change. 8. Page 6, paragraph E: The percentage would have to be negotiated and "owners" would have to be defined as not to include lessees or sub lessees. I propose that this issue be worked out when we meet. I used the percentage of 100% so that there could be no argument amongst the property owners that they in fact desire annexation. 9. Page 6, paragraph F: Areas A, B, C, and D must still be defined and the concept in this paragraph that both the City and Town agree to the annexation is problematic because it does not give flexibility in certain situations (e.g. septic system failures). This section was written with a 30 year agreement in mind. Typically, when I have negotiated a 30 year agreement, the City and Town designate quite a large area ofland for the orderly annexation area and then break the area down into smaller sections. The sections of A, B, C, and D have been used to direct the flow of development closer to the city so that services can be provided in a more efficient manner. However, if we are discussing a relatively short time frame for this Agreement, this paragraph may need to be modified or even eliminated. I propose that this issue be worked out when we meet. 10. Paragraph H, page 7: I have the same concerns as listed in item 9 above. Please see my response to item 9 above. 11. Paragraph J. page 7: I would not agree to enforced costs required by townships. In addition, requiring townships to have representatives on the City Planning Commission would not be acceptable. I propose that this issue also be worked out when we meet. As this item may need to be modified based on the joint planning currently being undertaken by the City, County and Townships. \DOa) . . . Marc A. Sebora Hutchinson City Attorney October 6, 2006 Page 5 12. Paragraph K. page 7: Allowing rural tile lines to be tied into the City's sewer system unfairly burdens the City taxpayer and unduly burdens the City's sewer system. I propose the following language that I believe addresses the City's concern: The City shall require in its developer's agreement regarding deve10prnent of all lands annexed pursuant to this Agreement that the Developer meet the requirements of the City's Storm Water Management Plan. Further, unless otherwise agreed to by the Parties, the City, through its developer's agreement, shall require the Developer to not damage any functioning drain tile lines located in the Orderly Annexation Area. 13. Section 10, paragraph A, page 8: In the second paragraph, the paragraph should be changed to state "If. in the opinion of the City, use of the Township's roads...". I will suggest to the Townships that they agree to this requested change. 14. Section 10. paragraph D, page 8: Again, the City should not be placed in a position of enforcing agreements between developers and the township. I propose that we discuss options on meeting the needs of the Township not to have their roads damaged during plat development as this unfairly burdens the Township taxpayer. One option may be that when the City determines that a use of a Township road is unavoidable that the Developer be required as a condition of preliminary or final plat to establish an escrow account or letter of credit to ensure that any Township roads damaged during construction are repaired. 15. Section 10. paragraphs F and G, page 9: These paragraphs are too ambiguous as to what roadways "serve new developments" and, further, in the City of Hutchinson many roadways are privately built and maintained and the City would insist that that option be available to rlevelopers and landowners. I propose that these paragraphs be discussed when we meet so that we can discuss ways to protect Township roads that may now be collector streets that serve new developments. 16. Section 10, paragraph H, page 9: If this paragraph is adopted and entire roadways were annexed, the City would insist on payment of the township's share of taxes for the side of the roadway that is still in the township but maintained by the City. 1 propose that this topic be discussed when we meet. 17. Section 11, paragraph C and D, page 10: These provisions are problematic for the City in that it does not allow for flexibility with regard to it does not allow for !D(b) . . . Marc A. Sebora Hutchinson City Attorney October 6, 2006 Page 6 planning and financing flexibility to provide services which would include natural gas on the chance occurrence of the events listed. I propose that this topic be discussed when we meet. Your cooperation and courtesy in this matter is greatly appreciated. If you have any questions, please do not hesitate to contact this office. ;u~~ ~obert T. Ruppe Couri, MacArthur & Ruppe, P.L.L.P. Cc: Acoma Township Hassan Valley Township Hutchinson Township tOLb] . . . Cities Working Together to Protect Our Air Quality, Health and Environment: A Call to Action March 30, 2005 Dear Mayor: We invite you to join the US Mayors Climate Protection Agreement by signing onto the enclosed resolution and supporting it at the US Conference of Mayors meeting in June. We also welcome the endorsement of other Mayors, whether or not you are currently a member of the US Conference of Mayors. With less than 5% of the world's population, the US produces more than 25% of the global greenhouse gas emissions, and those emissions are continuing to grow. We believe that US cities can - and should - act to reduce global warming pollution, both in our own municipal operations and in our communities. Many of us are already doing so through programs such as energy conservation, urban forest restoration, controlling sprawl and using alternative fuels in our fleets. Not only are we reducing our contributions to global warming pollution, we are investing in more livable cities through cleaner air, creation and preservation of open space and urban forests, and reduced energy costs. On February 16, the Kyoto Treaty, the international agreement to address climate disruption, became law for the 141 countries that have ratified it to date. As you know, the United States is not among them. For 38 of the countries with the most advanced economies, the Treaty sets binding legal commitments to reduce greenhouse gas emissions on average 5.2 percent below 1990 levels. If the United States had ratified the Kyoto Treaty our nation would be required to reduce our greenhouse gas emissions by 7% below 1990 levels by 2012. Please join us and the other Mayors who are already committed to providing leadership on this nation- wide, urgent effort. When we meet together at the June US Conference of Mayors we intend to have at least 141 mayors signed up to participate in the U.S. Mayors Climate Protection Agreement. The June meeting is an opportunity to promote and expand this effort by passing a resolution that endorses the Agreement. Although there have been climate protection resolutions adopted by the USCM in prior years, you will see that we are urging specific actions - the only way we will make real progress in reversing the trend toward global warming. Since Seattle's Mayor Greg Nickels first announced this initiative on February 16, the interest and positive feedback has remained intense, including national news stories. This is an opportunity to build on what is becoming an increasingly bi-partisan issue. And it is an opportunity to provide real leadership to the more than 80% of Americans who think the US should be acting to reduce global warming pollution. Enclosed, please find the draft Resolution, which includes the U.S. Mayors Climate Protection Agreement, and a form for your signature. Also included are contacts for more information; the website for the US Mayors Climate Protection Agreement is www.seattle.gov/mayor. To meet our target of having most signatures collected by May 2, we look forward to hearing from you at your earliest convenience. IDCyJ Respectfully, . ~ Jds-~ ~~.-Q-"""'" Greg Nickels Peter C1avelle Rocky Anderson 11ayor, Seattle, VVi\ Mayor, Burlington, VT 11ayor, Salt Lake City, VT ~J;J fJ-H- Rosemarie I ves Gavin Newsom 11ayor, Redmond, VV A 11ayor, San Francisco, CA f4fltt9'~ ~&~ l1,.J.lC~7 ;.. Pam O'Conner Tom Potter 11ark Ruzzin 11ayor, Santa 11onica, CA 11ayor, Portland, OR 11ayor, Boulder CO . ~ R.T. Rybak 11ayor, 11inneapolis, 11N . ~ e:LG) . . . ENDORSING THE US MAYORS' CLIMATE PROTECTION AGREEMENT WHEREAS, the U.S. Conference of Mayors has previously adopted strong policy resolutions calling for cities, communities and the federal government to take actions to reduce global warming pollution; and WHEREAS, the Inter-Governmental Panel on Climate Change (IPCC), the international community's most respected assemblage of scientists, is clear that there is no longer any credible doubt that climate disruption is a reality and that human activities are largely responsible for increasing concentrations of global warming pollution; and WHEREAS, recent, well-documented impacts of climate disruption include average globai sea level increases of four to eight inches during the 20th century; a 40% decline in Arctic sea-ice thickness; and nine of the ten hottest years on record occurring in the past decade; and WHEREAS, climate disruption of the magnitude now predicted by the scientific community will cause extremely costly disruption of human and natural systems throughout the world including: increased risk of floods or droughts; sea-level rises that interact with coastal storms to erode beaches, inundate land, and damage structures; more frequent and extreme heat waves, more frequent and greater concentrations of smog; and WHEREAS, on February 16, 2005, the Kyoto Protocol, an international agreement to address climate disruption, entered into force in the 141 countries that have ratified it to date; 38 of those countries are now legally required to reduce greenhouse gas emissions on average 5.2 percent below 1990 levels by 2012; and WHEREAS, the United States of America, with less than five percent of the world's population, is responsible for producing approximately 25% of the world's global warming pollutants yet is not a party to the Kyoto Protocol; and WHEREAS, the Kyoto Protocol emissions reduction target for the U.S., had it ratified the treaty, would have been 7% below 1990 levels by 2012; and WHEREAS, many leading US companies that have adopted greenhouse gas reduction programs to demonstrate corporate social responsibility have also publicly expressed preference for the US to adopt precise and mandatory emissions targets and timetables as a means by which to remain competitive in the international marketplace, to mitigate financial risk and to promote sound investment decisions; and WHEREAS, state and local governments throughout the United States are adopting emission reduction targets and programs and that this leadership Is bipartisan, coming from Republican and Democratic governors and mayors alike; and WHEREAS, many cities throughout the nation, both large and small, are reducing global warming pollutants through programs that provide economic and quality of life benefits such as reduced energy bills, green space preservation, air quality improvements, reduced traffic congestion, improved transportation choices, and economic development and job creation through energy conservation and new energy technologies; and WHEREAS, mayors from around the nation have signed the U.S. Mayors Climate Protection Agreement (list attached) which reads: IDu-> ') . . . The U.S. Mayors Climate Protection Agreement A. We urge the federal government and state governments to enact policies and programs to meet or beat the Kyoto Protocol target of reducing global warming pollution levels to 7% below 1990 levels by 2012, including efforts to: reduce the United States' dependence on fossil fuels and accelerate the development of clean, economical energy resources and fuel-efficient technologies such as conservation, methan recovery for energy generation, wind and solar energy, fuel cells, efficient motor vehicles, and biofuels; B. We urge the U.S. Congress to pass the bipartisan Climate Stewardship Act sponsored by Senators McCain and Lieberman and Representatives Gilchrist and Olver, which would create a flexible, market-based system of tradable allowances among emitting industries; and C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities such as: 1. Inventory global warming emissions in City operations and in the community, set reduction targets and create an action plan. 2. Adopt and enforce land-use poliCies that reduce sprawl, preserve open space, and create compact, walkable urban communities; 3. Promote transportation options such as bicycle traiis, commute trip reduction programs, incentives for car pooling and publiC transit; 4. Increase the use of clean, alternative energy by, or example, investing in "green tags", advocating for the development of renewable energy resources, and recovering landfill methane for energy production; 5. Make energy efficiency a priority through building code improvements, retrofitting city facilities with energy efficient lighting and urging employees to conserve energy and save money; 6. Purchase only Energy Star equipment and appliances for City use; 7. Practice and promote sustainable building practices using the U.S. Green Building Council's LEED program or a similar system; 8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the number of vehicles; launch an employee education program including anti-idling messages; convert diesel vehicles to bio-diesel; 9. Evaluate opportunities to increase pump efficiency in water and wastewater systems; recover wastewater treatment methane for energy production; 10. Increase recycling rates in City operations and in the community; 11. Maintain healthy urban forests; promote tree planting to increase shading and to absorb C02; and 12. Help educate the public, schools, other jurisdictions, professional associations, business and industry about reducing global warming pollution. NOW, THEREFORE, BE IT RESOLVED that the U.S. Conference of Mayors endorses the US Mayors Climate Protection Agreement and urges mayors from around the nation to join this effort. BE IT FURTHER RESOLVED, The U.S. Conference of Mayors will establish a formal relationship with International Council for Local Environmental Initiatives (ICLEI) Cities for Climate Protection Program to track progress and implementation of the US Mayors Climate Protection Agreement. Ib(6) US Conference of Mayors Climate Protection Agreement - Signature Page . You have my support for the US Mayors Climate Protection Agreement. Date: Mayor: Signature: Address: City: State: Zip: Mayor's Email: Staff Contact Name: Staff Contact Title: Staff Phone: . Staff Email: Please add my comments in support of the US Mayors Climate Protection Agreement. We will add these to the Website (optional): Piease return completed form at your earliest convenience to: US Mayors Climate Protection Agreement Bv Mail: c/o City of Seattle Office of Sustainability and Environment Seattie Municipal Tower PO Box 94729 Seattle, WA 98124-4729 By Fax: (206) 684-3013 Bv Email: ieanie.boawn((i)seattle.Qov For more Information: (206) 615-0817 . ID~) US Mayors Climate Protection Agreement - Contact Information . Seattle Mayor Greg Nickels is coordinating this initiative. He can be reached at 206- 684-4000. The primary staff contacts for Seattle are: Steve Nicholas, Director Office of Sustainability and Environment (206) 615-0829 steve. nicholas@seattle.aov PO Box 94729 Seattle Municipal Tower Seattie, WA 98124-4729 . Jeanie Boawn, Administrative Staff Analyst Office of Sustainability and Environment (206) 615-0817 ieanie .boawn@seattle.aov PO Box 94729 Seattle Municipal Tower Seattle, WA 98124-4729 US Mayors Climate Protection Agreement Website: www.seattle.aov/mavor/cllmate . 1 lOCC-) eattle ~ayor Nickels - US Mayors Climate Protection Agree'menl r ... Page 1 of 5 - ~ About Seattle.glJY I City Contacts I SEARCH: I ~ @ Seattle.gov 0 This Department SEAT11.E.GOV I Cily ServIces I Dt:partments I Staff DlrecttJlY I <<t..A'itLt!L-~90V , f" Gre'gNlc.kels. Mayor News Room Issues and Togies .---- -- - -- - --- Accomplishments --- Awards & Recoonitjon - -- --- About the Mayor ~--- Mayor's Staff ---- --- _. ----- ---.......-- .. Mayor's Priorities Photo 'Gallery B.oards and Comm;issions Nickels_ N€w~let~er ~~~ - - --~"- ~_I. the mayor's inside view" del ivered to y.nu r inbox G1t3c9o~DVS1 C i~s~,.~dB"' '. ustomer 'erv ce ., ureau (20,6.. 6 8~. 2 -489) Ctean & Green Seattle g Ma king 0 ur city a more livabLe place ... - - - -- - ------,: r__- What'a Nt!"'! .'. i ." Streetcar Sponsors Come Rolling In .. ,..1ayor seeks commiunity input on new Parks Superintendent 7 Ma Y9rlS Small ~.;:;l n ess A wards Acce ptln 9 Nominations Quick Jump: Select an Issue... What is the Agreement? Who is involved? How can I participa'te? What others are saying Whom do J contact? For more information Resources for Local Governm.ents Seattle Climate Attion Plan On February 16,2005 !.he Kyoto Protocol took effect in the 141 countries that raUfied it., That day Mayor Niickels challenged mayorsacros.sthe country to join Seattle in taking local action to reduce global warming poUution. On March 30, 2005, 9 mayors representing more than 3 million Americans1 joined together to invtte ciUes from across the country to take additionaJactions to significantly reduce globaf warming pollution. Read the letter the v sent to more than 4.00 other US mayors or the endorsed agreement with signature page. On June 13, 2005. the Mayors ,Climate Protection Agreement was oassed unanimousJy by the U.S. Conference of Mayors, Watch the video feature.... Mayors inside and outside of the Conference continue to formaliz.e their commitment by signing on to the agreement December 4-8,2005 Mayor Nickels traveled to Montreal, Canada for the United Nations Climale Change Conference. Representatives from aU over the world gathered for international meetings and negotiations on climate protection. Read the Mavorls 810g Entries from the trip Letter to Mayors from Mavor Nickels I FAD on Montreal Events As of June 14, 2007 532 mayors representing over 66 million Americans have accepted the chaUenge. You can read worldwide headlines about this locally...start,ed initiative. The Mayor released Seattle's Climat'e Action Plan in faU 2006. now being implemented by the Office of SustainabHily & Environment. Mayor Niokets continues to work on these and other environmental issues in SeattJe. His Environmental Action Agenda includes City efforts to Improve healthy habitats and clean water, to increase sustainable forests, and to reduce pape!r use and increase recycling. :p :llwww .seattl e .gov Ima yor! c.l i mate/ def au It. h tIn I ,""""'( L )" I""'" ~ 6/20/2007 ,eame '~ayor NICkelS - U:S Mayors Climate Protection Agreement ,. , t'age L or ;) .. More News Releases WHAT IS THE U.S. MAYORS' CLIMATE PROTECTION AGREEMENT? . Climate disruption is an urgent threat to the environmental and economic health of our communities. Many cities, in this country and abroad, already have strong local policies and programs in place to reduce global warming pollution, but more action is needed at the local, state, and federal levels to meet the challenge. On February 16, 2005 the Kyoto Protocoi, the international agreement to address climate disruption, became taw for the 141 countries that have ratified i110 date. On that day, Seattle Mayor Greg Nickels launched this iniliative to advance the goals of the Kyoto Protocol through leadership and aclion by at least 141 American cities. Mayor Nickels, along with a growing number of other US mavors, is leading the development of a US Mayors Climale Protection Agreement; our goal was for at least 141 mayors to sign onto the Agreement by Ihe time of the U.S. Conference of Mayors June 2005 meeting in Chicago. Under the Agreement, participating cities commit to take following three actions: . Strive to meet or beat the Kyolo Protocol targets in their own communities, through actions ranging from anti.sprawlland~use policies to urban forest restoration projects to public information campaigns; . Urge their state governments, and the federal government, to enact policies and programs to meet or beat the greenhouse gas emission reduction target suggested for the United States in the Kyoto Protocol - 7% reduction from 1990 ievels by 2012; and . Urge the U.S. Congress to pass the bipartisan greenhouse gas reduction legislation, which wouid establish a national emission trading system For Mayors: Aareement Q & A - Acrobat PDF . tn addition to building a coalition of at teasl141 cities to sign onto the US Mayors Climate Protection Agreement, Mayor Nickels. along with the other participating mayors, led a successful effort to win endorsement of the Agreement by the U.S. Conference of Mayors, through passage of a resolution at their June 2005 meeting. U.S. Mavor's Conference website Mavor Nickels' Web conference Media Coverage United Nations Backaround on Climate Change Back to Too WHO IS INVOLVED? On March 30, 2005 Mayor Nickels, along with nine other US mayors, sent a letter, and a draft resolution to over 400 mayors across the country, seeking their participation. Participating Cities As of June 14, 532 mayors have signed onto the agreement. To view these names. click here. . lD Cc) tp://www.seatt1e.gov/mayor/climate/default.htm 612012007 .eattle ~ayor Nickels - US Mayors Climate Protection Agreem(~nt Page 3 of 5 Pass yeur cur50r over each state to view ~ lfst of parrfcfplJ tins cttfesA ~,.- ,. 0' " ~ c\ l~ SLJ~:, t ~~) ~:/;, ':. I l!3" t .- ~~" . ~~-~~\,t, ~,I' ~ /I. J ....;'"'" .r". ~' 'ei*! u .AS OF JUNE 14. 2.0075J2ilAYORS HAVE RES,'OMDED TO IL\YORNICKElS' CHALLENCiE TO ADOPT THE GOALS Of THE KYOTO PROTOCOL Read the text of the US May'or's Climate Protection Agreement (Endorsed Languag!ti BactsJ.Q...IQQ HOW CAN I PARTICIPATE? The 2005 Conference of Mavors is the official nonpartisan organization of the nationls..1183 U.S. cities with populations of .30l000 or more. The Conference might be over and the resolution passed, but there is still work to be done~ If your city is interested in signing on lathe US Mayors Climate Protection Agreement, we urge you to complete the p,articioation form and return it via ema,n to climate@seattle~gov. You can also fax your form to us at: (206) 6.a4-3013.. Therear'e several national non-pro'fits that are active in assisting local and national leaders on environmental issues. For more information on what others are doing1and how they might a'ssist you on ge>Uing your leaders involved, please visit: Climate Solutions. Natural Resources Defense Council {NRDC)j Sierra Club. Kvalo USA. the Climate Crisis Coalition~ The Vh1ua\ March. or ICLE1. !?_eck to .I.p-ll WHERE CAN I FIND MORE INFORMATION? ~~ /~~- ..t! # p ,r Learn more about 'the ,effects of climate disruption and general climate information, a range of actions an,d best practices that reduce emissions, what Seattle is doing to meet the Kyoto target, and whlat other cities are doing. I. D C (.. j 1 tlp://\V\V\V .seattle.gov Ima yaffe] j matel default. htm 6120/2007