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cp09-23-2008 c
AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 23, 2008 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Rev. Howard Anderson, Hunter's Ridge Community Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) BID OPENING MINUTES FROM SEPTEMBER 9, 2008 (SOUTH GRADE ROAD TRAIL AND CEMETERY ROADWAYS) (b) REGULAR MEETING OF SEPTEMBER 10, 2008 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM JUNE 2, 2008 2. PLANNING, ZONING AND BUILDING DEPARTMENT MONTHLY REPORT FOR AUGUST 2008 • 3. HUTCHINSON HOUSING & REDEVELOPMENT BOARD AUTHORITY MINUTES FROM JULY 15, 2008, AND AUGUST 19, 2008 4. PLANNING COMMISSION MINUTES FROM AUGUST 19, 2008 5. JOINT PLANNING BOARD MINUTES FROM MAY 21, 2008 6. CITY OF HUTCHINSON FINANCIAL REPORT FOR AUGUST 2008 7. CITY OF HUTCHINSON INVESTMENT REPORT FOR AUGUST 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13479 — RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY (BICYCLES) 2. RESOLUTION NO. 13482 — RESOLUTION FOR PURCHASE (ECO GUARD BAGS) 3. ORDINANCE NO. 08-0510—AN ORDINANCE ADOPTING REVISIONS TO SECTION 6.02, 6.03 AND CHAPTER 12 OF THE HUTCHINSON CITY CHARTER (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. C OF PRELIMINARY AND FINAL PLAT OF COUNTY FAIR MARKETPLACE 5 ADDITION AND SITE PLAN TO CONSTRUCT A BEST BUY STORE AT 1350 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT • RESOLUTION NO. 13480) 2. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RANDY THODE, APPLICANT, TO ALLOW OUTDOOR DISPLAY OF FISH HOUSES IN THE FRONT YARD LOCATED AT 327 HWY 7 EAST IN THE LIGHT INDUSTRIAL DISTRCT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 1348 1) ;,." CITY COUNCIL AGENDA —SEPTEMBER 23, 2008 • (d) 20 PPOINTMENT OF JULI NEUBARTH TO HUTCHINSON AIRPORT COMMISSION TO SEPTEMBER (e) CONSIDERATION FOR APPROVAL OF OUT OF STATE TRAVEL FOR DAN BROUCEK, CREEKSIDE COMPOST FACILITY, TO CHICAGO, ILLINOIS, NOVEMBER 9 — 13, 2008 (I) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. 8. COMMUNICATIONS, REOUESTS AND PETITIONS 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF REVISION TO POLICY NO. 1.11 — PURCHASING - PURCHASE ORDERS Action — Motion to reject — Motion to approve 10. (a) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON AIRPORT AND MCLEOD COUNTY FAIRGROUNDS PROPERTY TRANSACTION ((APPROVE DRAINAGE & UTILITY EASEMENT AND WAIVE FIRST READING OF ORDINANCE NO. 08 -0512 AND SET SECOND • READING AND ADOPTION FOR OCTOBER 14, 2008) Action — Motion to reject — Motion to approve (b) CO ORM SEWER ION FOR APPROVAL EAT PROPER ASE AG EEM NT FOR THE NORTHEAST TRUNK Action — Motion to reject — Motion to approve (c) DISCUSSION OF INDUSTRIAL PARK IMPROVEMENTS Action — Motion to reject — Motion to approve (d) CONSIDERATION OF ORDINANCE NO. `0'0514 — AN ORDINANCE STRIKING SECTION 30.34(G)(5) FROM THE HUTCHINSON CITY CODE (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR OCTOBER 14, 2008) Action — Motion to reject — Motion to approve (e) CONSIDERATION FOR APPROVAL OF RE- SETTING NOVEMBER 11, 2008, CITY COUNCIL MEETING DUE TO VETERANS' DAY HOLIDAY Action — Motion to reject — Motion to approve 11. MISCELLANEOUS 12. ADJOURN • 2 BID OPENING LETTING NO. 7/PROJECT NO. 08 -07 8,08-21 SEPTEMBER 9, 2008 AT 10:30 A.M. Present: Gary Plotz, City Administrator Kent Exner, City Engineer Sharon Anderson, Recorder The Bid Opening was called to order at 10:30 a.m. by Gary Plotz. Mr. Plotz noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities. The reading of the Advertisement for Bids was waived and the following bids were opened and read aloud: Duininck Bros. Inc. Bid Amount: $238,183.75 408 6"' St., Po Box 208 Prinsburg, MN 56281 Hardrives Inc. Bid Amount: $301,930.15 P.O. Box 579 St. Cloud, MN 56302 -0579 Knife River Corp Bid Amount: $247,536.15 • 4787 Shadow Wood Dr. NE Sauk Rapids, MN 56379 Wm. Mueller & Sons, Inc. Bid Amount: $198,687.00 831 Park Avenue Hamburg, MN 55339 Closed: 10:36 a.m. ATTEST: Steven W. Cook Gary D. Plotz Mayor City Administrator • MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL WEDNESDAY, SEPTEMBER 10, 2008 1. CALL TO ORDER — 5:30 P.M. ayor oo c e t e meeting to order. Members present were Bill Arndt Cased Stotts and Jim Haugen. Member absent was Kay Peterson. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Rev. Howard Anderson, Hunter's Ridge Community Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Lena Mowlem, 1365 Westwood Road, presented before the Council. Ms. Mowlem spoke before the Council requesting that the City not cut mosquito spraying from the 2009 budget, which is being considered a possibility. Ms. Mowlem noted that she feels mosquito spraying provides an overall benefit to the entire city. Judy Simons, 755 Southview Court, presented before the Council. Ms. Simons also requested that mosquito spraying not be removed from the 2009 budget. Jack Lyman, 714 Southview Court, presented before the Court. Mr. Lymon encouraged the City Council to keep mosquito spraying in the 2009 budget, , y Jack Sandberg, 571 Juul Road, presented before the Council. Mr. Sandberg iterated the requests of the individuals who spoke before him. Mr. Sandberg requested that mosquito spraying remain in the 2009 budget. MINUTES (a) REGULAR MEETING OF AUGUST 26, 2008 Mayor Cook suggested changing the following in the August 26, 2008, minutes: 7(a) — 2 paragraph from bottom — " mosquito larvae control could be paid from stormwater utility fund..." Motion by Haugen, second by Stotts, to approve the minutes as presented with the revision noted above. Motion carried unanimously. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR AUGUST 2008 2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JULY 28, 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13471 — RESOLUTION FOR PURCHASE (LIGHT REPLACEMENT, FORKLIFT, BIO DIESEL) 2. RESOLUTION NO. 13476 — RESOLUTION TEMPORARILY SUSPENDING PARKING RESTRICTIONS ON JEFFERSON STREET DURING ARTS AND CRAFTS FESTIVAL 3. ORDINANCE NO. 08-0509 — AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE 30.30 CONCERNING PURCHASES BY THE CITY ADMINISTRATOR (SECOND READING AND ADOPTION) (c) REAPPOINTMENT OF BECKY FELLING TO HUTCHINSON HRA BOARD TO AUGUST 2013 5 �b> CITY COUNCIL MINUTES —SEPTEMBER 10, 2008 • (d) CONSIDERATION FOR APPROVAL OF SOLICITOR'S LICENSE FOR THOMAS NEW OF WINDOW CONCEPTS OF MINNESOTA INC. (e) CONSIDERATION FOR APPROVAL OF ITEMS POR NORTHEAST TRUNK STORM SEWER PHASE 3 (LETTING NO. 3, PROJECT NO. 08 -03) — APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (f) CONSIDERATION FOR APPROVAL OF DANCE PERMIT FOR SUSAN REITER ON BEHALF OF MCLEOD ALLIANCE FOR VICTIMS OF DOMESTIC VIOLENCE ON OCTOBER 17, 2008, AT THE HUTCHINSON EVENT CENTER (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)1, 6(b)3 and 6(d) were pulled for separate action. Motion by Stotts, 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 noted that the liot replacements being requested are in an effort to be proactive with energy savings. Mary Haugen, Facilities Manager, presented before the Council. Mr. Haugen explained that staff is requesting to replace the lighting at the arena and Rec Center with high bay T5 lamps which will realize a cost savings every year due to the light replacements. A grant/rebate may be available through Hutchinson Utilities Co mmission. A 3 %2 year payback is expected. The T5 lamps are 52% more efficient than the current lighting fixtures. Mayor Cook also had questions related to the forklift being requested and whether or not an electric piece of equipment was compared to the cost of an 10 dated piece of equipment. A cost comparison was provided which shows that an electric-opera tedo' lifl'Will cost more upfront, however will have less costs on an annual basis. In addition, an electric- operated forklift also has a longer life expectancy. Mayor Cook commented that he is comfortable with Gary Plotz, City Administrator, reviewing the purchase and coming back with a recommendation at the next meeting. Mayor Cook also commented that he feels the dollars could possibly be better spent on other projects. Motion by Stotts, second by Cook, to approve purchase of an LP- operated forklift in the amount of $25,400. Motion carried unanimously. Item 6(b)3 had further discussion. Mayor Cook suggested revising the policy allowing the City Administrator to authorize purchases in the amount of $15,000 to $50,000 and the Finance Director authorizing purchases between $2000 and $15,000. Marc Sebora, City Attorney, corrected the Council that the item for consideration is to approve the ordinance. The changes noted above should be considered for the policy that was adopted at the last meeting. The policy will be considered for revisions at the September 23, 2008, City Council meeting. Motion by Stotts, second by Cook, to approve second reading and adoption of Ordinance No. 08 -0509. Motion carried unanimously. Motion by Arndt, second by Cook, to have Policy No. 1.11 reconsidered at the September 23, 2008, City Council meeting. Motion carried unanimously., Item 6(d) had further discussion. Mayor Cookr'li ®ted that several solicitors will be operating under this application/license. Marc Sebora, City Attorney, had recommended revising the application form to obtain more information on all the individuals operating under the license to ensure that all operators have a clean • record. The Council directed Marc Sebora to revise the transient merchant/solicitors/peddlers license application. Motion by Stotts, second by Haugen, to approve solicitors' license for Thomas New, dba Window Concepts. Motion carried unanimously. 2 5C8> CITY COUNCIL MINUTES — SEPTEMBER 10, 2008 • PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE WINE/STRONG BEER LICENSE TO JEFFREY EHLERT OF JAKE'S PIZZA LOCATED AT THE HUTCHINSON MALL Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to approve issuing wine/strong beer license to Jeffrey Ehlert of Jake's Pizza. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING LIQUOR LICENSE TO JESSE DOHERTY OF ITALIAN CHAR HOUSE LOCATED AT 101 PARK PLAC Mayor Cook noted that the police department is recommending that the license not be approved based upon the applicant's past contacts with law enforcement. Gene Doherty, 570 Glen Street, presented before the Council. Mr. Doherty is the applicant's father. Mr. Doherty explained that the applicant was unable to be present this evening however he presented on his behalf. Mr. Doherty explained some of the situations that his son had been involved in, however they were a few years ago and % son is now "clean as a whistle ". Motion by Haugen, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Cook, to deny issuing on -sale intoxicating liquor license to Jesse Doherty of Italian Char House. Motion carried unanimously. 8. COMMUNICATIONS, REQUESTS AND PETITIONS 0 UNFINISHED BUSINESS 10. (a) CONSIDERATION FOR APPROVAL OF CALLING FOR SALE OF 2008 GENERAL OBLIGATION IMPROVEMENT BONDS AND 2008 GENEML OBLIGATION REVENUE BONDS Steve Apfelbacher, Ehlers & Associates, presented before the Council. Mr. Apfelbacher explained the pre - sale reports for the general obligation improvement bonds, stormwater revenue bonds and wastewater treatment revenue refunding bonds. These bonds are to fund the City's 2007 pavement management program, stormwater improvements in the City's 2008 capital improvement plan and to refinance the outstanding balance of the City's 2000B G.O. wastewater treatment revenue bonds for interest cost savings. The total term of the bonds will be 15 years. The bonds will be opened on October 14, 2008. Motion by Stotts, second by Haugen, to approve calling for sale of 2008 general obligation improvement bonds, 2008 general obligation revenue bonds and general obligation wastewater treatment revenue refunding bonds. Motion carried unanimously. (b) UPDATE ON MOSQUITO SPRAYING LEVY LIMIT OPTIONS — KEN MERRILL, FINANCE DIRECTOR Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that the City's bond counsel, Jerome Gilligan, has provided information related to levy limits for mosquito spraying. Mr. Gilligan's opinion is that the storm water holdings ponds for mosquito abatement is part of the maintenance and operation of the City's storm water system is an expense that may be paid from the revenues of the City's storm water utility. In addition, Mr. Gilligan has opmed that the City has specific authority to levy an annual • tax for mosquito abatement purposes on all taxable property in the City. The tax must be certified, levied and collected in the same manner as other taxes levied by the City. A tax levy for mosquito abatement purposes will not be subject to levy limits if it 0 one of the special levies listed in Minnesota law or is approved by the maJority of voters of the City �otls g on the question at a general or special election. A tax levy for mosquito abatement purposes is not one of the special levies listed in Minnesota law, so for such tax 3 5 Cc�) Y 1, CITY COUNCIL MINUTES —SEPTEMBER 10, 2008 • levy not to be subject to levy limits it must be approved by the voters of the City. John Olson, Public Works Manager, presented to the Council what a mosquito control program would look like with a $35,000 bud &et. The program would include eight scheduled applications, two at -need applications and one additional barrier control application. Gary Plotz, City Administrator, presented a Resolution for the Council to consider. The Resolution considered was to call for an election to levy an additional tax levy for mosquito abatement. The passage of this Resolution would place a ballot question on the November 4, 2008, general election ballot asking the voters if the City should be authorized to levy an additional tax levy for mosquito abatement purposes. Motion by Haugen to approve Resolution to levy in the amount of $35,000 for the years 2009 and 2010. Amended motion by Haugen, second by Stotts, to approve Resolution to levy in the amount of $35,000, for the years 2009, 2010, 2011, and 2012 calling for an election to levy an additional tax levy for mosquito abatement. This question will be placed on the November 4, 2008, ballot. Council Member Arndt noted that he can attest that mosquito counts are down overall, so he voiced that spra ''ng should not be given all the credit — weather plays a large role in the breeding of mosquitoes as well. Motion carried unanimously. (c) CONSIDERATION DISTRI FOR HUTCHINSON PRELIMINARY REDEVELOPMENT AUTHORITY (ADOPT (ADOPT RESOLUTION NO. 13473) Motion by Haugen, second by Arndt, to approve setting 2009 preliminary tax levy for the HRA in the amount of $122,000, adopting Resolution No. 13473. Motion carved unanimously. (d) CONSIDERATION AXING F DISTRICT HUTCHINSON ECONOMIC DEVELOPMENT SETTING 2009 T AU O THORIT TY (AD PT RESOLUTION NO. 13474) Motion by Stotts, second by Haugen, to approve setting 2009 preliminary tax levy for the EDA in the amount of $155,145, adopting Resolution No. 13474. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF SETTING 2009 PRELIMINARY TAX LEVY FOR CITY OF HUTCHINSON (ADOPT RESOLUTION NO. 13475) Motion by Stotts, second by Haugen, to approve setting 2009 preliminary tax levy for the City of Hutchinson 9098 in the amount of $5,8,6, adopting Resolution No. 13475. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF SETTING TRUTH IN TAXATION HEARING DATE FOR DECEMBER 2, 2008, AT 5:30 P.M. Motion by Stotts, second by Haugen, to set Truth in Taxation hearing for December 2, 2008, at 5:30 p.m. at the City Center. Motion carried unanimously. Jeremy Carter, Assistant Finance Director, provided a brief update on the proposed 2009 budget. Staff is still waiting to receive information on health insurance costs to determine how the budget will be affected. (g) ORDINANCE NO. 08 -0510 —AN ORDINANCE ADOPTING REVISIONS TO SECTIONS 6.02, 6.03 AND CHAPTER 12 OF HUTCHINSON CITY CHARTER (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER 23, 2008) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that these revisions are pertaining to removing language that references Hutchinson Area Health Care, which is now a private, non- profit entity instead of city - owned. • Motion by Haugen, second by Stotts, to waive first reading and set second reading and adoption of Ordinance No. 08 -0510 for September 23, 2008. Motion carved unanimously. (h) CONSIDERATION FOR APPROVAL OF ITEMS FOR SOUTH GRADE ROAD TRAIL AND 4 S C\D CITY COUNCIL MINUTES —SEPTEMBER 10, 2008 CEMETERY ROADWAYS PROJECTS (LETTING NO. 7, PROJECT NO. 08 -07 & 08 -21) — • ACCEPTING BID AND AWARDING CONTR,1CT Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that the low bid came in at $198,687.00 from Wm Mueller & Sons. These projects consist of constructing a trail from Bridgewater Estates Third Addition to School Road and construction of cemetery roadways. Motion by Stotts, second by Haugen, to accept bid and award contract for South Grade Road Trail and Cemetery Roadways projects, Letting No. 7, Project No. 08 -07 & 08 -21. Motion carried unanimously ( Haugen left before vote taken). 11. MISCELLANEOUS (a) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR JAY MALONE ON SEPTEMBER 22 — 27, 2008, IN THE HUTCHINSON MALL PARKING LOT Motion by Stotts, second by Cook, to approve transient merchant license for Jay Malone on September 22 — 27, 2008, to the Hutchinson Mall parking lot. Motion carried unanimously. Marc Sebora noted that he and the Chief Police discussed "last minute" applications. It has been determined that the application process will need at least a two week lead time in order to allow Hutchinson Police Services the time to conduct background investigations. Police Chief Dan Hatten informed the Council that an incident occurred at the new roundabout on Hwy 15 earlier in the day. A semi -truck that was overloaded with a piece of equipment excessive in size caused a disturbance at the intersection. • Marc Sebora — Mr. Sebora congratulated the top vote - getters from the primary election and commended all of the candidates for taking part in the process. Mr. Sebora also explained the mechanism available if a resident should wish to challenge the ordinance instituting the City Charter changes. Kent Exner — Mr. Exner provided updates on the open houses held at the water treatment and wastewater treatment facilities as well as the event for the underpass John Olson, Public Works Manager, provided an update on the Crow River fountain. Mr. Olson explained that the fountain is planned to be installed tomorrow. Steve Cook — Mayor Cook noted that the hospital auxiliary is celebrating their 50 year of operation. The auxiliary currently has approximately 300 volunteers and over the 50 years the organization has contributed over $l million in donations. 12. ADJOURN Motion by Arndt, second by Stotts, to adjourn at 7:25 p.m. Motion carried unanimously. 0 6CN: ) . MINUTES Parks, Recreation & Community Education Advisory Board June 2, 2008 Members present were: Mike Cannon, Deane Dietel, and Lenore Flinn. Also present were Dolf Moon and Karen McKay. The meeting was called to order at 5:20 pm. A motion was made by Lenore Flinn and seconded by Deane Dietel to approve the minutes dated March 3, 2008. The board unanimously agreed. OLD BUSINESS Aquatic Center — Dolf told the board that the long term maintenance issues for the pool have been presented to the City Council. Over the next three years the plumbing and ongoing maintenance will cost around $700,000. Investing in an upgraded pool would be a good investment. Lenore agreed that we need to provide for the changing needs of young families especially 13 -15 years old. The pool is 23 years old and something needs to be done. Dolf told the board that an increase in attendance would help cover expenses. The Glencoe pool operates at a financial shortfall. Litchfield would like to build a new pool, but lack of a site and • finances has put that on hold. An upgrade to the Rec Center pool could cost up to two million dollars. Registration — Despite the slow economy the number of participants registered for summer programs is good. Dam — The dam over the Crow River is just about done(., south Some chinking to narrow the channel is yet to be complete. The landscaping on the north and h perimeter of the dam will also be done soon. Budget — The City made a 6% reduction in the budget. The additional park maintenance position was cut. NEW BUSINESS July Meeting — With the next meeting scheduled near the fourth of July holiday, once again a tour of the summer projects will take place rather than a regular meeting of the board. ADJOURNMENT The meeting was adjourned at 6:07 pm by a motion made by Mike Cannon and seconded by Deane Dietel. The board unanimously agreed. • (-Q ('-) • Planning, Zoning, and ding Dept Monthly Report Auxt 2008 • Building Department Permit Activities Q V J r Planning Zonina, and Buildinn Department— Other Activities Facilities ManagementlMaintenance Activities: Everareen Meals served in August Park Silver Week Of Hutchinson Towers Lake Glencoe Brownton Stewart 8/2007 812008 Year to Date Total Number Inspections 243 171 1180 Building Permits Issued by Type Compared to 7107 Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Commercial new 1 - $464,000 2- $241,000 2- $241,000 Commercial Additions/ Remodels 9-$236,500 9 - $343,973 59 - $7,947,687 Industrial new 0 0 0 Industrial Additions/Remodels 0 0 1-$65,000 Fire Sprinkling 1-$1,960 0 12-459,408 Total New Residential Units (Single Family, twins, townhomes 8 - $1,226,000 1-$133,000 13 - $1,820,000 Residential misc. additions, repairs, remodels, etc 21 - $142 11 - $444 91 - $1 Set fee permits reside, reroof, window replacement, misc.)' Subtotal Building Permits: Mechanical 44 $2,070,460 21 - $112,300 101 $1,162,663 11 -$$58 463 $11,549,485 129 - $794,494 Plumbing* 18 17-$1,500 74 Signs* 9 6 55 Total Permits issued and valuation 132 - $2,182,760 158 - $1,222,663 903 - $12,345,479 Set fees not included in valuation Planning Zonina, and Buildinn Department— Other Activities Facilities ManagementlMaintenance Activities: Everareen Meals served in August Park Silver Week Of Hutchinson Towers Lake Glencoe Brownton Stewart 8/1 66 33 11 22 9 17 81441/8 295 192 70 131 54 68 8/11 -8115 288 202 86 124 60 87 8118 -8/22 295 189 92 142 82 72 8/25 -8/29 314 197 90 130 77 75 Total 1258 813 349 549 282 319 Total Meals Served in August - 3,570 Educational Activities: Lenny Rutledge and Kyle Dimler attended the Construction Codes and Licensing Division Seminar August 14"', on Wind and Wind Load Damage. Pla0g, Zoning, and Building Dept. • • Monthly Report for July 2008 Page 2 Planning and Zoning Monthly Activities MonthNear: Aunust 2008 Activity Number Additional Info. Zoning Review of Building Permits 32 Zoning Review of Sign permits 8 Planning/Zoning Applications Provided 4 Predevelopment Meetings/ 4 Best Buy, industrial park Potential Applicants Assisted development, two potential commercial dev on hwy 15 Planning Commission Applications 2 Reviewed and Processed Joint Planning Applications Reviewed and Processed 2 Zoning Enforcement and Compliance 5 Dealt with several complaints, Letters junk and trash complaints, abandoned house due to foreclosure, and unlawful outdoor storage and sales. Misc. Meetings Attended 27 Other Special Activities: Successfully received grant award for $19,000 from Mardag Foundation for kitchen equipment replacement at Evergreen Senior Dining. Replaced convection oven and completed fire protection and ventilation system improvements. Remaining kitchen equipment replacement to be completed this winter. Attended workshop on foreclosures presented by Heartland Community Action. Dealt with several property complaints with assistance of Police Dept., including posting a structure as un- inhabitable and exterior trash complaints. T C:\Docurnents and Settings\rnstarke\Local SettingsUemporary Internet Files \OLK25\PBZ -8 2008.doc Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, July 15, 2008, 7:00 AM Minutes ]CALL TO ORDER: Vice Chairman LaVonne Hansen called the meeting to order. Members Present: ecky Felling, and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON JUNE 17, 2008 Becky Felling moved to approve the Minutes as written. Ruth Kimball seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. Ruth Kimball moved to approve the City Center Financials Reports. Becky Felling seconded and the motion carved unanimously. b. Becky Felling moved to approve the Park Towers Financials Reports. Ruth Kimball seconded and the motion carried unanimously. 4. CONSIDERATION OF RESOLUTION 408-08,2008 MILEAGE REIMBURSEMENT RATE Becky Felling moved to approve Resolution 408 -08, 2008 Mileage Reimbursement Rate. Ruth Kimball seconded and the motion carved unanimously. 5. PARK TOWERS a. Jean Ward reviewed with the Board the revised ACOP, Lease and Resident Handbook. Ruth Kimball moved to change the `Removal of Pets" section in the ACOP from 14 days to 21 days. Becky Felling seconded and the motion carved unanimously. Becky Felling moved to approve the revised ACOP, Lease and Resident Handbook. Ruth Kimball seconded and the motion carried unanimously. b. Jean Ward reviewed with the Board the PHAS vacant unit turnaround report. . c. Jean Ward reviewed with the Board the 2008 LSS Senior Nutrition Program Site Use Agreement. Ruth Kimball moved to approve the agreement. Becky Felling seconded and the motion carried unanimously. d. Jean Ward reviewed with the Board the Housing with Services renewal. Becky Felling moved to approve the Housing with Services renewal. Ruth Kimball seconded and the motion carried unanimously. 6. CFUF UPDATE a. Consideration of Resolution 408 -10 to Approve Revised Non -Prime Loan Underwriting Criteria - Tabled until next month. b. The Board had a discussion on the proposed CFUF application for energy efficiency rehab. 7. SCHOOL CONSTRUCTION UPDATE a. Jean Ward updated the Board on the grading issues at 1170 Prairie View Drive. b. Diane Sorensen gave the Board an update on the showing of the house and also an update on the Hutchinson housing market. g. HRA MARKETING SIGNS The Board had a discussion on the proposed HRA marketing signs. The slogan decided upon was "Programs to Improve Neighborhoods ". 9. FYI a. Community Forum by Cornerstone Mortgage Company - HRA Presentation: FUF, CFUF (Rehab Programs) and First -time Homebuyer Programs • b. MHFA Approval of CASA Application for Rolling Meadows East July 15, 2008 Minutes Page 1 of 2 (0(G:�3 10. CITY CENTER BUDGET Becky Felling moved to approve the City Center Budget. Ruth Kimball seconded and the motion carved is unanimously. 11. ADJOURNMENT Becky Felling moved for adjoumment. Ruth Kimball seconded. Vice Chairman LaVonne Hansen declared the meeting adjourned. Recorded by Jean Ward,11RA Executive Director Felling, • • July 15, 2008 Minutes Page 2 of 2 Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, August 19, 2008, 7:00 AM • Minutes 1. CALL TO ORDER: Chairman Casey Stotts called the meeting to order. Members Present: Becky Felling, LaVonne Hansen and Ruth Kimball. Staff Present: Jean Ward and Lorri Olson. 2. MINUTES OF THE HRA BOARD MEETING ON JULY 15, 2008 LaVonne Hansen moved to approve the Minutes as written. Ruth Kimball seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. Ruth Kimball moved to approve the City Center Financials Reports. LaVonne Hansen seconded and the motion carried unanimously. b. LaVonne Hansen moved to approve the Park Towers Financials Reports. Ruth Kimball seconded and the motion carried unanimously. 4. PUBLIC HEARING TO REVIEW STREAMLINED PHA PLAN FOR FISCAL YEAR 2009 a. Consideration of Resolution #08 -11. Renovation project for Park Towers is a 4 year plan. Currently I 1 apartments and laundry room are being renovated. Ruth Kimball moved to approve Resolution #08 -11. Casey Stotts seconded and the motion carried unanimously. 5. PARK TOWERS a. Jean Ward informed the Board that several valves needed to be replaced at the cost of $6500. Park Towers Maintenance Staff will verify need to replace. Ruth Kimball moved to give authorization to proceed if needed. LaVonne Hansen seconded and the motion carried unanimously. • b. Jean Ward reviewed with the Board the bids for window caulking. There are leaks between the windows and walls. During annual inspections we will inspect for any possible water damage and repair as necessary. Ruth Kimball moved to approve the bid submitted by Right Way Caulking. LaVonne Hansen seconded and the motion carried unanimously. c. Jean Ward reviewed with the Board Resolution #08 -12 to Adopt Violence Against Women Act Policy. This policy formally describes what Park Towers will do should this situation arise. LaVonne Hansen moved to approve the Resolution #08 -12. Ruth Kimball seconded and the motion carried unanimously. d. Jean Ward reviewed with the Board Resolution #08 -13 for a 2.9% increase in the flat rent at Park Towers. LaVonne Hansen moved to approve Resolution #08 -13. Casey Stotts seconded and the motion carried unanimously. e. Jean Ward presented a preliminary draft of the 2009 budget. 6. CFUF UPDATE a. Consideration of Resolution #08 -10 to Approve Revised Non -Prime Loan Underwriting Criteria. LaVonne Hansen moved to approve Resolution #08 -10. Ruth Kimball seconded and the motion carried unanimously. b. Jean Ward presented the Board with additional information on the proposed CFUF application for energy efficiency rehab. There will be a leverage of 530,000 for energy improvement; there must be performance measurement and set standard; and income limits will apply. LaVonne moved to approve the leverage; concept and income limits. Ruth Kimball seconded and the motion carried unanimously. 7. SCHOOL CONSTRUCTION UPDATE • a. Jean Ward presented the Board a modified estimated net proceeds for 1170 Prairie View Drive showing reduced sales price. LaVonne Hansen made the motion to reduce the sales price to $159,900. Casey Stotts seconded and the motion carried unanimously. b. Diane Sorensen gave the Board an update on the showing of the house and also an update on the Hutchinson housing market. August 19, 2008 Minutes Page 1 of 2 c. Ruth Kimball moved to renew the listing agreement with Diane Sorenson. LaVonne Hansen seconded and the motion carried unanimously. • 8. HHPOP a. Ruth Kimball moved to approve the HHPOP loan #8831 Suzanne Abeln subject to approval of the Loan Review Committee. 9. OTHER A. Jean Ward presented information to the Board regarding foreclosures in Hutchinson/McLeod County. 10. ADJOURNMENT LaVonne Hansen moved for adjournment. Ruth Kimball seconded. Chairman Casey Stotts declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director Becky L • August 19, 2008 Minutes Page 2 of 2 C0.�)3 • MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 19, 2008 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: Chris Kovacic, Christie Rock, John Lofdahl, Jim Haugen, Mike Flaata 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 July 15, 2008 Ms. Rods moved to approve the consent agenda as submitted. Seconded by Mr. Flaata. The consent agenda was approved unanimously. • 4. PUBLIC HEARINGS a) CONDITIONAL USE PERMIT REQUESTED BY RUNNINGS FARM AND FLEET TO ALLOW OUTDOOR DISPLAY AT 1090 HWY 15 SOUTH IN THE C-4 (FRINGE COMMERCIAL DISTRICT) Chairman Otteson opened the hearing at 5:38 p.m. with the reading of publication #7707 as published in the Hutchinson Leader on August 7, 2008. Ms. Bowers explained the request noting Runnings Farm and Fleet proposes to relocate to the existing Hennen's building, which would allow their business to expand and construct an improved outdoor sales display yard behind the building (to the west). She stated the applicant has changed location of the display area after discussions with staff, to place it against the building. The area will be 224'X 100'. She explained that buffering to the west was a concern with the previous request. Earlier concerns by staff have been resolved with the new location. The display area will use approximately 36 parking spaces. Staff has reviewed the total number of parking spaces and the breakdown of the building uses and determined there will be adequate parking to meet requirements. • Ms. Bowers commented on the following staff recommendations noting items 3 and 4 are no longer necessary due to the change in location: Minutes Planning Commission — August 19, 2008 Page 2 • 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. Screening of plantings or fencing with 100% opacity from residential districts is required to meet the requirements of Section 154.115. Approval of a fence permit is required before the fence is constructed. 3. No structures shall be located over the storm line. 4. A pedestrian crossing area shall be marked to identify a safe route to cross the parking lot to the display area. 5. Security lighting shall have full cutoff fixtures and directed to not affect the neighboring residential properties. Ms. Bowers reported the northerly end of the lot to the west is not as well buffered as the area adjacent to the apartments. Discussion followed on screening by fence or plantings. The consensus would be to provide plantings rather than a fence. Mr. Jack Grausam, district manager, for Runnings stated the west loading dock will be inside the fence and is not planned to be used at this time. He explained there will be a gate provided if, in the future, the loading docks would be used. They will be using the southerly loading dock. He stated the yellow bollards on the southwest comer will provide a good traffic buffer. Mr. Grausam stated they will be good neighbors and would like the opportunity to buffer with plantings. The request is more of a sales . display area not a storage area as on the existing store. He provided pictures of the New Ulm store to show the concept for Hutchinson. Ms. Rock asked about the access to the sales yard by customers. Mr. Grausam stated the access will be from the building. Loading of merchandise will be done from the outside. Ms. Rock commented on the current location and the sprawl of merchandise. Mr. Grausam stated they intend to keep the area in order and the new site will have a cleaner standard. He stated Runnings will own the building and the entire lot. Chairman Otteson asked about having the garden center in the spring. Mr. Grausam stated there will be a garden center in the front for approximately 60 days. Discussion followed on the requirement for a temporary permit for a garden center. Mr. Lofdahl stated he likes plantings for screening and the possibility of a joint project with the apartments. Mr. Haugen asked about fire lane concerns. Ms. Bowers stated the location was discussed with Fire Dept. staff, who approved of the location and noted the water connections are in the front. Ms. Rock asked how much of the property will be owned by Runnings. Staff responded the entire lot includes the building and parking lot would be owned by Runnings. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Kovacic the hearing closed at 5:55 p.m. Mr. Flaata made a motion to • recommend approval of the request with staff recommendations 1, 2 and 5. Seconded by Mr. Haugen, the motion carried unanimously. Ms. Bowers to cj��4 Minutes Planning Commission — August 18, 2008 Page 3 • stated this item will be placed on the City Council consent agenda at their meeting held August 26, 2008 in the Council Chambers at 5:30 p.m. b) CONDITIONAL USE PERMIT REQUESTED BY RANDY THODE, APPLICANT, TO ALLOW OUTDOOR DISPLAY OF FISH HOUSES IN THE FRONT YARD LOCATED AT 327 HWY 7 EAST IN THE 1 -1 (LIGHT INDUSTRIAL DISTRICT) Chairman Otteson opened the hearing at 5:56 p.m. with the reading of publication #7707 as published in the Hutchinson Leader on August 7, 2008. Ms. Bowers commented on the request and explained the zoning and the use of the surrounding properties. She stated staff discussed the request for 8 fish houses in the front yard and recommended the Planning Commission consider specifying a lesser number for display in the front yard. Staff did not conclude a specific number, however noted that there is limited space in the front yard. The applicant states the hours of operation would be Monday - Saturday from 2 pm to 8 pm and by special appointment. Staff discussed the parking of the icehouses on the grass and noted that the property may become muddy and rutted if it is not maintained. There are some existing trees that provide some buffering between the subject property and the adjacent residential properties. • Ms Bowers reviewed the conditions for granting a CUP, including: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community, (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Staff recommends the following conditions with input from the Commissioners on the number of fish houses: 1. A maximum of fish houses may be displayed in the front yard. 2. No items or signage may be placed in the public right of way. 3. A sign permit is required for all signage. The existing signs from former businesses must be removed. • 4. Hours of operation are Monday - Saturday from 2 pm to 8 pm and by special appointment. (0 Co) H Minutes Planning Commission — August 19, 2008 Page 4 • She explained a conditional use permit was issued for outdoor storage in the rear yard. Staff noted that there are adjacent residential properties in 1 -1 zoning. This is a transitional area of industrial and commercial with other outdoor sales in the area. Ms. Bowers explained the existing signs on the property must be removed. Randy Thode, 21053 — 230' Street, explained there will be year round sales. He explained there may be a parking concern in the spring and fall. He stated he will see how much traffic he has before paving. The backyard is gravel. Chairman Otteson asked if 8 fish houses would be too many for the front yard area. Mr. Thode stated the back yard has more room. Mr. Thode explained the double car garage will be the office. He is planning to remove trees in the front to make enough room for 8 units. The units are 6.5'X 20'. Mr. Kovacic asked where customers would park. Mr. Thode stated in the back and side yard, which would provide room for 4 cars in the front plus additional parking in the back. Ms. Bowers stated nothing may be parked in the right -0f -way. Discussion followed on location of the front property line and the size of the right of way. Mr. Kovacic asked about lighting. Mr. Thode stated there will be lighting. Ms. Bowers explained there should be a condition added regarding lighting. Mr. Exner stated the right -of -way may have changed since the last survey. Discussion followed on locating the property line. • Ms. Bernie Telecky, 321 Hwy 7 East, explained the Hwy 7 sign is on her property. She stated 8 fish houses will not fit. She commented on the back yard problem in the spring, with a sink hole on the south side. Mr. Exner commented on the unknown property line and would suggest an updated survey of the property. Ms. Telecky stated she has no objection to the business, however she would object to parking on her grass or placing snow on her yard. Ms. Bowers suggested tabling the request to allow the applicant to provide additional information to staff and the Commission. Atty. Sebora suggested they close the hearing first before tabling the request. Mr. Thode asked for clarification on what information is needed. Chair Otteson stated there is not enough information to make the decision. He must provide a new survey to determine property lines and show the display and parking. Discussion was held on the items needed and the survey. Ms. Bowers commented that the removal of trees was new information to staff and that trees should remain or a buffering planned. Additionally, the tree may be in the right -of -way. There was discussion on the need for a new survey and the consensus is to provide a survey to be able to evaluate the number of units allowed and the property line location. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Flaata • the hearing closed at 6:25 p.m. Mr. Kovacic made a motion to table the request to the old business agenda item for the next meeting. Seconded by Mr. Haugen, the motion carried unanimously. (.P &. ) "1 Minutes Planning Commission — August 19, 2008 Page 5 s 5. NEW BUSINESS 6. OLD BUSINESS 7. COMMUNICATION FROM STAFF Ms. Bowers stated a plan to construct a new building for Best Buy will be on next month's agenda. The building would be built between the former Cub Foods and office supply store. 8. ADJOURNMENT There being no further business the meeting adjourned at 6:30 p.m. • i (, (C,)q • MINUTES HUTCHINSON AREA JOINT PLANNING BOARD Wednesday, May 21, 2008 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Bill Arndt at 5:30 p.m. with the following members present: Larry Karg, Grant Knutson, Robert Anderson, Jim Lauer (5:51) and Chairman Arndt. Absent: Tom Wirt Also present: Larry Gasow, McLeod County Zoning Administrator, Rebecca Bowers, City Planning Director, Marc Sebora, City Attomey, Marc Telecky, McLeod County Assistant Zoning Administrator and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated April 16, 2008. Mr. Knutson made a motion to approve the minutes of April 16, 2008. Seconded by Mr. Karg, the motion carried unanimously. 3. PUBLIC HEARINGS • a) REZONE PROPERTY FROM AGRICULTURAL TO C-4 (FRINGE COMMERCIAL PROPERTY LOCATED AT 20271 HWY 15 N REQUESTED BY B &B SPORTS Chairman Arndt opened the hearing at 5.40 p.m. with the reading of publication #7682 as published in the Hutchinson Leader on Thursday, May 8, 2008. Mr. Telecky commented on the request and explained the location. The current use is storage for campers, boats, etc. He stated the request is to rezone the property from agricultural to C-4 Fringe Commercial. This parcel had a conditional use permit in 2000 for the outdoor storage. Mr. Telecky reminded the Board of the permitted uses in the C-4 district. Staff recommends approval with the following recommendations: 1. B &B Sports is adequately screened to the west, separating Northern View Acres from B &B Sports. 2. Mr. Hausladen will need to apply for a NPDES permit from MPCA if he will be disturbing more than 1 acre. This permit is a storm water control permit. Mr. Hausladen explained he will be constructing a storage shed on the property. He will use the existing driveway for access to the lot. Mr. Knutson moved to close the hearing. Seconded by Mr. Anderson. The hearing closed at 5:46 p.m. Mr. Anderson made a motion to approve the request • with staff recommendations. Seconded by Mr. Knutson, the motion carried c 6 Minutes Joint Planning Board — May 21, 2008 Page 2 • unanimously. Mr. Teledry stated this item would be forwarded to the County Board and placed on their regular agenda, June 3, 2008, at 10:00 a.m. 4. NEW BUSINESS 5. OLD BUSINESS a) SKETCH PLAN FOR WOOD PRODUCTS SECOND ADDITION SUBMITTED BY SYLVESTER REINERT LOCATED IN SECTION 8 HASSAN VALLEY TOWNSHIP (TABLED FROM THE APRIL MEETING) AND UPDATE BY LARRY GASOW ON THE MEETING WITH PROPERTY OWNER, TOWNSHIP AND COUNTY Mr. Gasow commented on the sketch plan that was tabled in April. He explained the Wood Products plat and the reason for replatting. The shed would stay on the lot with Mr. Reinert's house. Staff does not have a problem with Mr. Reinert's sketch however there would need to be a rezoning of the residential property between the preliminary and final plat. The Industrial piece to be rezoned should be zoned to Ag.They may have to extend the frontage road. Ms. Gasow commented on the present frontage road issues. He commented on the meeting on -site with the property owners, township, and county engineer. He • stated Mr. Brent Reiner did build the road as required. Mr. Reinert moved the access to align with the Creekside access. The plat was approved with the frontage road. Mr. Gasow explained the township has no record of the approval of the road. The County has a letter from the township stating they would take over the road. There was a 3 year span before the development of the area. Mr. Gasow explained the problems with the road in that period of time. He explained the County Attorney stated the township would normally take over the road when the plat is approved. The road was to be black top however Hassan Valley Twp did not want it black top. The township board met and stated they did not act on the road. They want the road to be brought to township standards. Mr. Gasow commented on the process of subordinate district for the road. The township did agree to bring in additional gravel to reshape the road. The township and property owners agreed there should be a culvert under the road to drain along Adams St. There has been disturbance of the area which aided in the runoff. Discussion followed on the property owners responsibility in the matter. The road appeared to be built correctly but the road laid for years and the road washed into the ditch. If the road isn't reasonably constructed, the township does not have to take the road. Mr. Templin would sign that the road was built properly and would sign the as built. Discussion followed on who is responsible to solve the problem. The action tonight should not penalize Mr. Reinert. Mr. Telecky stated the County has • authority to defer to the township. The County and Joint Board signed the plat and they would not have signed a plat before the township accepted the plat. Mr. G CA:) 5 Minutes Joint Planning Board — May 21, 2008 Page 3 Reinert went to the town board to get approval for the road. Mr. Telecky stated as staff we should work together and move forward. Discussion followed on a gully between the buildings from the building runoff. Mr. Telecky explained the County is responsible for erosion control. He explained there are MPCA requirements. Atty. Sebora commented on the township letter stating they accepted the road when the County signed the plat. He stated the road is the township responsibility. Mr. Telecky explained the road spec standards. He stated there is a road plan for the road on file. Mr. Gasow stated the rezoning would be done before the final plat. Mr. Reinert must decide where the driveway will go by the approval of the final plat. Mr. Telecky stated they must keep the lot line as dose to the building as possible and make it nonconforming to give Lot 4 a buildable lot. Mr. Knutson moved to approve the sketch plan. The motion was seconded by Mr. Karg. Mr. Anderson stated he was against because of the action by Hassan Valley. There was a roll call vote: Karg, Knutson, Lauer and Amdt voted aye. Anderson voted nay. Mr. Gasow stated this item will go to the County Board June 3'" on the consent agenda. Discussion followed on what can be done to fix the erosion problem. Atty. Sebora will check into options and bring back next month. • 6. COMMUNICATION FROM STAFF 7. ADJOURNMENT There being no further business the meeting adjourned at 6:38 p.m. CJ 6 ca 5 • (0 c ) te 2008 CITY OF HUTCHINSON FINANCIAL REPORT AUGUST - 2007 2008 2008 2006 2008' AUGUST REVENUE REPORT - GENERAL AUGUST � AUGUST YEAR TO ADOPTED BALANCE PERCENTAGE • - Y7D MONTH DATE ACTUAL, BUDGET' REMAINING, USED TAXES 1,787,808.59 1,900,870.30 3,993,000.00 2,092,129.70 47.61% LICENSES 38,081.12 2,986.25 46,171.83 56,300.00'. 8,128.17 85.56% PERMITS AND FEES 212,165.80 21,326.52 177,269.47 336,180.00 158,910.53 52.73% INTERGOVERNMENTAL REVENUE 1,353,363.12 11,912.87 1,260,876.17 2,604,741.00 1,343,862.83 48.41% CHARGES FOR SERVICES 903,343.14 100,633.29 930,327.18 1,776,074.00 847,746.82 52.32% FINES & FORFEITS 32,800.71 4,828.29 26,417.28 45,000.00 18,562.72 1 58.71% INTEREST (31,973.57), 216.07 (47,376.71) 70,000.00 117,376.71 - 67.68% REIMBURSEMENTS 265,979.44 (9,430.11)] 267,436.37 ` 402,950.00 115,513.63 _71.33% TRANSFERS 569,049.76 130.22 690,070.58 1,911,573.00 1,221,502.42 36.10% SURCHARGES - BLDG PERMITS 3,644.86 679.50. 3,077.01 1,000.00 _ (2,077.01) 307.70% FUND BALANCE 10,000.00 10,000.00 0.00% TOTAL 5,134,262.99' 133,282.90� 5,277,141.46' 11,208,818.00 5,931,676.52: 5,931,878.52' 47.08% 2008 CITY CULL REPORT OF HUTCHINSON FINANCIAL AUGUST 2007! 2008' - - -- 20081 2008_ _ 200t�_ AUGUST ,EXPENSE REPORT - GENERAL AUGUST . AUGUST YEAR TO ADOPTED BALANCE E_R_CENTAGE - YTD' MONTH DATE ACTUAL. BUDGET REMAINING USED 001 MAYOR & CITY COUNCIL 44,591.51' 2 30,528.49 49,695.00 _ 19,166.51 _ _ _ 61.43% " 002 CITY ADMINISTRATOR 221,835.12 4 _ 28,439.37 242,232.70 357,781.00 _ 115,548.30 _67.70% 003 ELECTIONS 715.40 885.86 2,797.65 19,763.00 16,965.35 14.16% 004 FINANCE DEPARTMENT 373,271.35 ''_ 53,140.11 399,865.26 619,645.00 219,779.74 _� 54.53% 005 MOTOR VEHICLE 136,300.54 18,403.98 146,478.57 205,898.00 5 9,419.43 _ 59,419.43 _ 71.14% 006 ASSESSING j 54,900.00 54,900.00 j 0.00% LEGAL 122772.51 19,418.94 123,373.34 211 944.00 88 • 007 008 PLANNING 110,206.85 12,778.18 108,301.80 {� 160 624.00 _ 52 32220 67.43% 009 INFORMATION SERVICES 162,922.80 19,342.07. 164,690.77 280 187.00 115496.23 58.78% 110 POLICE DEPARTMENT 1,855,171.79 219,667.98 1,871,569.90 3,084,861.00 1,_213,291.10 60.67% 115 EMERGENCY MANAGEMENT 17,956.42 -- - 109.91 1 11,983.34 19,000.00 7 _ 63.07% 116 SAFETY COMMITTEE 1 14,090.65 14,260.65 20,370.00 6,109.35. 70.01% 120 FIRE DEPARTMENT _ 233,582.74 34,116.37 _ _ 228,927.85 465,013.00 236,085.15 49.23% 130 PROTECTIVE INSPECTIONS 153,159.55 20,014.85 162,312.65 283,768.00 121,455.35 57.20% 150 ENGINEERING 306,163.71 46,820.70 359,337.95 472,046.00 112,708.05 76.12% 152 STREETS & ALLEYS 1,009,894.03. 117,231.56 1,167,277,91 1,495,563.00 328,285.09 78.05% 160 CITY HALL BUILDING 81,532.36 9,973.55 86,882.61 151,068.00 64,185.39 '�, 57.51% 201 PARKIRECREATION ADMINISTR' 131,623.74 15,721.90 140,392.84 214,162.00 73,769.16 65.55% 202 RECREATION 185,149.81 25,931.71 ! 193,668.82 222,070.00 _28,401.18 -, 87.21% 203 SENIOR CITIZEN CENTER 54,063.99 _ 6,425.63 57,264.64 70,351.00 13,086.36. _ 81.40% 204 CIVIC ARENA 184,683.77 17,662.37 204,959.70 308,238.00 103,278.30 68.49% 205 PARK DEPARTMENT 541,665.61 78,505.98 618,212.81 879,818.00 261,6_05.19 70.27% 206 RECREATION BUILDING & PO01 98,208.36 9,788.34 96,776.25 137,216.00 40,439.75 70.53% 207 EVENTS CENTER 1W108.86 19,630.18 173,092.45 243,354.00 70,261.55 71.13% 208 EVERGREEN BUILDING 7,916.97 1,099.39 8,358.87 15,600.00 7,241.13 53.58% 250 LIBRARY 126,710.37 37,874.25_. 129,150.04 187,598.00 58,447.96 68.84% 301 CEMETERY 91,023.81 9,733.22 8 _ 144,736.00 64,250.53 55.61% 310 DEBT SERVICE _ 0.00 320 AIRPORT - 54,769.64 6,677.53 66,678.57 _ 99,349.00 32,670.43 67.12% 350 UNALLOCATED GENERAL EXPE 372,902.11 _ 3,097.82 388,618.45 734,200.00 345,581.55 52.93% TOTAL I ' 6,850,994.39 834,877.40 '. 7,278,480.35 11,208,818.00 3,930,337.65 , 64.94% • (0 c ) te 2D08 CITY OF HUTCHINSON FINANCIAL REPORT - - -- - AUGUST - - 2007 2008_ 200 - - -- - - 20081 2008' REVENUEREPORT - GENERAL ACTUAL AUGUST _ YEAR TO ADOPTED . Year to Date MONTH, DATE ACTUAL BUDGET, REMAINING' USED TAXES 1,787,808.59 0.00 1,900,870.30 3,993,000.00 2,092,129.70', 47.61% LICENSES 38,081.12 2,986.25 48,171.83 56,300.00 8,128.17 85.56% PERMITS AND FEES 212,165.80 21,326.52 177,269.47 336,180.00 158,910.53 52.73% INTERGOVERNMENTAL REVENUE 1,353,363.12 11,912.87 1,260,878.17 2,604,741.00 1,343,862.83 48.41% CHARGES FOR SERVICES 903,343.14 100,633.29 930,327.18 1,778,074.00 847,746.82 52.32% FINES & FORFEITS 32,000.71 4,828.29 26,417.28 45,000.00 18,582.72 58.71% - INTEREST (31,973.57). 216.07 (47,376.71), 70,OOO.0 117,376.71 - 67.68% REIMBURSEMENTS 265,979.44 - 9,430.11 _ 287,436.37 402,950.00 115,513.63 71.33% TRANSFERS 569,049.78 130.22_ 690,070.58 1,911,573.00 1,221,502.42. 36.10% SURCHARGES - BLDG PERMITS 3,644.86 6 3,077.01 1,000.00 (2,077.01) 0.00% FUND BALANCE 0.00 _ 0.00 0.00 10,000.00 10,000.00 0.00% TOTAL _ 5,134,262.99 133,282.90 5,277,141.48 11,208,818.00 5,931,676.52 47.08% 2008 - - 2007 2008 200e _AUGUST EXPENSE REPORT - GENERAL AUGUST AUGUST _ YEAR TO ADOPTED _2 BALANCE PERCENTAGE _ _AUGUST SUMMARIZED _ YTD _ MONTH DATE ACTUAL _ BUDGET REMAINING USED General Govt. 1,254,148.46 164,767.71 1,305,151.19 2,111,505.00 806,353.81 - 61.81% Public Safety 2,273,961.15 273,909.11 2,289,054.39 3,873,012.00 1,583,957.61 59.10% Streets & Alleys 1,316,057.74' 164,052.26' 1,526,615.86 1,967,609.00 440,993.14 77.59% Parks & Recreation 1,579,155.29 222,372.97 1,702,361 2,423,143.00 720,781.11 70.25% Miscellaneous 427,671.75 9,775.35 455,297.02 833,549.00 378,251.98 54.62% TOTAL 6,850,994.39 834,877.40. 7,278,480.35 11,208,818.00 3,930,337.65 64.94% • _- r u (0 CC-) �0 • 17- Sep -08 Institution Description Interest Rate CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT August 31, 2008 Date Date Of Of Purchase Maturity Amount Smith Barney FNMA med 5.53% 9/24/2007 9/25/2014 300,000.00 step up Smith Barney FFCB C 5.00% 4/18/2008 4/23/2018 300,000.00 Smith Barney FHLB C 4.500% 4/28/2005 10/28/2008 750,000.00 Smith Barney FHLB C 4.750% 1/30/2008 1/3012015 365,000.00 Smith Barney FHLM -C 4.125% 6/3/2008 6/3/2013 300,000.00 Smith Barney FHLM -C 5.000% 12/12/2007 12/12/2014 500,000.00 Edward Jones FHLB 3.50% 3/26/2008 3/26/2012 500,000.00 Wachovia FHLB 4.25% 3/3/2008 3/312015 300,000.00 Wachovia FHLB 5.00% 12/12/2007 12/12/2017 300,000.00 Wachovia FHLB 4.000% 3/27/2008 03/27/15 400,000.00 • Wachovia FHLB 4.000% 4/10/2008 4116/2018 200,000.00 Wachovia FHLB step 5.000% 11/26/2007 11/26/2014 625,000.00 step up Wachovia FHMA 5.000% 12/19/07 12119/17 200,000.00 Wachovia FHLB = step uI 5.000% 11/29/07 11/15/17 300,000.00 Wachovia FHLB = step uI 4.500% 07 /08/08 07/08113 600,000.00 step up First Minnesota certffbteofDepoen 3.250% 03/14/08 03/13/09 400,000.00 MidCountry CertAcateofDeposit 3.050% 03/24/08 03/26/09 750,000.00 Mid Minnesota Cert ate ofDepoen 5.100% 10/26/07 11/13/08 500,000.00 First Minnesota camcaleofDeposit 4.950% 10/31/07 01/15/09 500,000.00 $8,090,000.00 u lc Cr,�-1 • RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY Resolution No. 13479 WHEREAS, the Hutchinson Police Services has accumulated various unclaimed items. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 2.70, Subdivision 2, Paragraph C for the appropriation and sale at auction of unclaimed property. AND WHEREAS, the unclaimed property, at the time of auction, will have been in the possession of the police services for more than thirty (30) days; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the Hutchinson City Council hereby approves the sale at • auction of unclaimed items identified on "Attachment A." Items to be sold at Hotovec Auction Center on October 1, 2008. Adopted by the City Council this 23` day of September, 2008 Mayor City Administrator • �oCb >> Attachment A Page 1 • • • Case Number Item Description 08 -0827 26" Maroon Huffy Expedition Women's Bicycle 08 -0831 26" Blue Huffy Savannah Men's Bicycle 08 -0908 Red Mongoose BMX Bicycle 08 -0951 Pink & Purple Girl's Bicycle 08 -0969 Huffy Red/Purple Rock -It Bicycle 08 -0976 Magna Imposter Red Men's Bicycle 08 -1000 Magna Turbo Black Bicycle 08 -1026 24" Roadmaster Cambridge Green Bicycle 08 -1047 Next Blue BMX Bicycle 08 -1222 Trek Dance Silver/Gray Men's Bicycle 08 -1107 26" West Point Oakwood Women's Bicycle 08 -1112 24" Next Tiara Women's Bicycle 08 -1147 Columbia Shadow Bicycle 08 -1148 Huffy Santa Fe Tan Bicycle 08 -1161 Mongoose Racer X Black Bicycle 08 -1188 Mongoose XR200 Silver Bicycle 08 -1189 Tony Hawk Jargon Black Bicycle 08 -1194 Mongoose BMX Blue Bicycle 08 -1195 Next BMX Red Bicycle 08 -1277 Mongoose DXR Blue Bicycle 08 -1296 Huffy Fashion Girl's Bicycle 08 -1306 Next Wipeout Red Bicycle 08 -1315 Next Black Bicycle 08 -1324 Huffy Blue Bicycle 08 -1339 16" Purple Bicycle 08 -1368 Tony Hawk Huck' am Silver Bicycle 08 -1371 Tony Hawk Huck'am Blue Bicycle 08 -1372 26" Blue Schwinn Bicycle 08 -1454 20" Pink/Turquoise/Gray Bicycle 08 -1476 Schwinn Ranger Blue Bicycle 08 -1509 26" Schwinn Sprint Silver Bicycle 08 -1510 26" Vertical Shock Ede Vertical Red Bicycle 08 -1517 Huffy Tundra Blue Bicycle 08 -1535 20" Next Jewel Pink Bicycle 08 -1544 26" Schwinn Blue Bicycle 08 -1550 Next Blue /Green Bicycle 08 -1572 Magna Excitor Bicycle RESOLUTION NO t t"2 • CITY OF 14UTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Eco Guard Bags $22,365 Bags for resident compost bins Refuse Yes Poly- America LP W e following items were authorized due to an emergency need: ITEM I COST I PURPOSE I DEPT. I BUDG I VENDOR Date Approved: September 23, 2008 Resolution submitted for Council action Kenneth B. Merrill Motion Made By: • Seconded By: by: Finance Director ( Cb�) a- Ordinance No. 08 -0510 • Publication No. 7717 AN ORDINANCE ADOPTING REVISIONS TO SECTIONS 6.02, 6.03 AND CHAPTER 12 OF HUTCHINSON CITY CHARTER WHEREAS, the city -owned hospital, Hutchinson Area Health Care, became a private, non -profit entity on January 1, 2008; and, WHEREAS, the Hutchinson Charter Commission has recommended that all language pertaining to Hutchinson Area Health Care be deleted from the City Charter; and, WHEREAS, in an effort to improve the consistency and clarity of the Charter, the Charter Commission does recommend revising sections 6.02, 6.03 and Chapter 12 respectively; and, WHEREAS, Minnesota Statute 410.12, Subd. 7, allows Charter changes to be made by ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF • HUTCHINSON, THAT Sections 6.02, 6.03 and Chapter 12 (see attached) of the Hutchinson City Charter are hereby revised and the entire City Charter will take effect 90 days from adoption of this ordinance. Adopted by the City Council this 23` day of September, 2008. Attest: Gary D. Plotz, City Administrator is Steven W. Cook, Mayor (p Q;�) 3 • The city administrator need not be a resident of the city at the time the council makes the appointment, but may reside outside the city while in office only with the approval of the council, as described in Minnesota Statute § 415.16, subd. 2. The city administrator shall be appointed for an indefinite term and may be removed at any time by an affirmative vote of a majority of the council; but after one year of service the city administrator may demand written charges and a public hearing on the charges before the council prior to the effective date of final removal. After the hearing, if one is demanded, the council shall have unlimited discretion either to reinstate the administrator or affirm final removal. Pending the hearing and removal, the council may suspend the administrator from office. With the approval of the council, the administrator may designate some properly qualified person to perform the duties of the administrator during any absence or disability of the city administrator or while the office is vacant. Section 6.02. POWERS AND DUTIES OF THE CITY ADMINISTRATOR. The city administrator shall be responsible to the council for the administration of the City's affairs, and shall have the powers and duties set forth in the following subdivisions: Subd. 1. The enforcement of this Charter and the laws, ordinances, and resolutions of the City. Subd. 2. The appointment, supervision, removal or transfer, upon the basis of merit and fitness and subject to applicable personnel rules, all heads of departments and city employees. • Subd. 3. The direction and supervision of all departments and offices of the City, except the H64ehlne Hutchinson Utilities as otherwise provided by law or charter. Subd. 4. The city administrator shall attend all meetings of the council and may take part in discussion but not vote; but may, be excluded from any meeting at which the city administrator's removal is considered, if the council, in its discretion so chooses. Subd. 5. The city administrator shall recommend to the council for adoption such measures as are necessary for the welfare of the people and the efficient administration of the City's affairs. Subd. 6. The city administrator shall keep the council fully advised on the financial condition and needs of the City, and shall prepare and submit to the council the annual budget and capital program. Subd. 7. The city administrator shall submit to the council and make available to the public a complete report on the finances and administrative activities of the city at the end of each fiscal year. Subd. 8. The city administrator shall perform such other duties as are prescribed by this Charter or may be required by the council. Section 6.03. ADMINISTRATIVE ORGANIZATION. The council may by resolution establish city departments, offices, enterprise funds and agencies and prescribe their functions. No power or duty conferred by this Charter upon a particular department, • office, enterprise fund or agency shall be transferred to any other. Department means any city function organized under the direct control of a single department head. Office s (,?o�)3 • Department means any city function organized under the direct control of a single department head, and does not include H64shinsen AFea Wealth GaFe OF Hutchinson Utilities Commission. Approval by the city administrator of such transfer shall be made by written memorandum setting forth the reasons therefor. No officer or employee of the City shall place any order or make any purchase except for a purpose and to the amount authorized in the budget resolution, or as authorized by the city administrator as described herein. Any obligation incurred by any person in the employ of the City for any purpose not authorized in the budget resolution, or not authorized by the city administrator as described herein, or for any amount in excess of the amount authorized shall be a personal obligation upon the person incurring the obligation. No check shall be issued or transfer made to any account other than one owned by the city until the claim to which it relates has been supported by an itemized bill, payroll, or time -sheet or other document approved and signed by the responsible city officer who vouches for its correctness and reasonableness. Section 7.08. ALTERATIONS IN THE BUDGET. After the budget resolution has been adopted, the council shall not increase the amounts fixed in the resolution beyond the estimated receipts except to the extent that actual receipts exceed the estimate. At any time the council may, by resolution approved by a majority of its members, reduce the sums appropriated for any purpose by the budget resolution or authorize the transfer of sums from unencumbered balances of appropriations in the budget resolution to other purposes. • Section 7.09. EMERGENCY DEBT CERTIFICATES. If in any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the City, or if any palafnjty or other public emergency necessitates the making of extraordinary expenditures, the council may by ordinance issue on such terms and in such manner as the council determines emergency debt certificates to run not to exceed three years. A tax sufficient to pay principal and interest on such certificates with the margin required by law shall be levied as required by law. The ordinance authorizing an issue of such emergency debt certificate shall state the nature of the emergency and be approved by at least four members of the council. It may be passed as an emergency ordinance. Section 7.10. FUNDS. There shall be maintained in the city treasury a general fund and such other funds as may be required by statute, ordinance, or resolution. The council may, by ordinance or resolution, make inter -fund loans, except from trust and agency funds, as it may deem necessary and appropriate. Section 7.11. CITY INDEBTEDNESS. Except as provided in Section 7.09, no obligations shall be issued to pay current expenses, but the council may issue and sell obligations for any other municipal purpose in accordance with law and within the limitations prescribed by law. Except in the case of obligations for which an election is not required by this charter or by law, no such obligations shall be issued and sold • without the approval of the majority of voters Voting on the question at a general or special election. 12 C-bL )� • publish a summarized audited annual statement in the official city newspaper. Such statement shall be prepared by a certified public accountant. Section 11.08. REMOVAL OF COMMISSIONERS. If a commissioner is guilty of malfeasance or misfeasance in office, has become incapacitated to hold office, or ceases to be a resident of the City of Hutchinson, and such fact is brought to the City Council by council investigation or a petition of ten (10) or more voters of the City of Hutchinson, the commissioner may be removed from office by a four - fifths (4/5) majority vote of the council. Upon the filing of any such fact, together with a copy of such charges, such commissioner shall be noted of the time and place where the council will meet to consider such charges. Notice shall be given at least ten days before the meeting, at which time such commissioner shall have the right to be present and produce testimony and evidence. No member of the commission shall continue in office after the loss of any qualification required for appointment to that position. Section 11.09. SALE OF PUBLIC UTILITY. The public utility owned by the City shall not be sold or otherwise disposed of by the City unless the full terms of the proposition of sale or other disposition are embodied in an ordinance approved by the city council and by a majority of the voters voting thereon at a general or special municipal election. Approval by the voters as described herein shall not apply to the sale or other disposition of component parts of the public utility which are no longer needed for public utility purposes. • Section 11.10. FISCAL YEAR. The fiscal year of the Hutchinson Utilities Commission shall be the calendar year. n lJ 17 (DCb)3 Chapter 13 Public Ownership and Operation of Waste Management Facilities and Related Services Section 13.01. ESTABLISHMENT. The City has established, and is hereby • authorized to further establish and continue waste management facilities and ancillary programs including, without limitation, collection, testing, processing and disposal of mixed municipal solid waste, source separated waste, recyclable materials, and all other soil amendments for the operation of resource recovery facilities, biosolids drying facilities, compost facilities, waste reduction facilities, and similar operations; the mixing, bagging, blending and incorporating of ingredients reasonably related to the reuse and resale of recovered waste, or reasonably related to improving the economic efficiency of waste management facilities and programs and reducing the cost thereof to the City, the State of Minnesota, and other generators of waste within Minnesota. Section 13.02. CONTROL AND MANAGEMENT. The city council, acting through the city administrator as required by this Charter, shall have control and management of all waste management facilities and ancillary programs. Section 13.03. STATUS OF OPERATIONS. The waste management facilities and programs shall be operated by the City as an enterprise fund in which costs, including capital costs, are recovered through user fees, gate fees, and sale of ancillary products and services. Any surplus in the enterprise fund shall be periodically deposited in the City general fund. • 19 (Q Cb >3 PlIft Chapter 13 Public Ownership and Operation of Waste Management Facilities and Related Services Section 13.01. ESTABLISHMENT. The City has established, and is hereby • authorized to further establish and continue waste management facilities and ancillary programs including, without limitation, collection, testing, processing and disposal of mixed municipal solid waste, source separated waste, recyclable materials, and all other soil amendments for the operation of resource recovery facilities, biosolids drying facilities, compost facilities, waste reduction facilities, and similar operations; the mixing, bagging, blending and incorporating of ingredients reasonably related to the reuse and resale of recovered waste, or reasonably related to improving the economic efficiency of waste management facilities and programs and reducing the cost thereof to the City, the State of Minnesota, and other generators of waste within Minnesota. Section 13.02. CONTROL AND MANAGEMENT. The city council, acting through the city administrator as required by this Charter, shall have control and management of all waste management facilities and ancillary programs. Section 13.03. STATUS OF OPERATIONS. The waste management facilities and programs shall be operated by the City as an enterprise fund in which costs, including capital costs, are recovered through user fees, gate fees, and sale of ancillary products and services. Any surplus in the enterprise fund shall be periodically deposited in the City general fund. • 19 (Q Cb >3 • MEMORANDUM DATE: September 17, 2008 for the September 23, 2008 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: PRELIMINARY AND FINAL PLAT OF COUNTY FAIR MARKETPLACE 5' ADDITION AND SITE PLAN TO CONSTRUCT A BEST BUY STORE AT 1350 HWY 15 S., REQUESTED BY RYAN COMPANIES Background: Ryan Companies has submitted a preliminary and final plat to create a one lot plat for County Fair Marketplace 5"' Addition. The plat would combine County Fair Marketplace Third and Fourth Additions into one lot. A site plan is also requested to construct a 25,343 sq. ft. Best Buy store between the former Office Max and Cub Foods buildings. The parking and utilities for this lot were sized and constructed for development on this site and have been installed per the plans approved in 1998. The applicant wants to begin construction as soon as possible to meet a May 2009 completion date. Additional • information is contained in the attached Planning Commission staff report and attachments. Plannina Commission Meetina: The Planning Commission held a public hearing and considered the request at their September 16, 2008, meeting. Rebecca Bowers stated for the record that she needs to disclose that her husband is an employee of the Best Buy corporate office; however he is not involved in real estate or new store development, and would not have any financial gain from the store. There was no one from the public who spoke on the request, other than the applicant. Staff noted that two minor corrections to the plat have been made in response to MNDOT comments. The Commission asked if Best Buy would own the building. The applicant responded that Ryan Companies would be the owner with along term lease to Best Buy. The Commission also discussed the adjacent vacant buildings. Ryan Co. does not own these properties, however they stated that Best Buy looked into the existing buildings; It was determined that it was not as cost effective to retrofit the existing buildings to meet their building standards and they wanted a more energy efficient building. The applicant noted they will be incorporating environmental design features and identifying parking spaces for high fuel efficiency vehicles. Also discussed was the building design and signage. After concluding discussion, the Commission unanimously recommended approval. Recommendation: • The Planning Commission unanimously recommended approval of the preliminary and final plat and site plan with the findings and conditions in the attached resolution. V6b)3 • RESOLUTION NO. 13480 RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT OF COUNTY FAIR MARKE TPLACE 5' ADDITION AND SITE PLAN TO CONSTRUCT A BEST BUY AT 1350 HWY 15 SOUTH Whereas, Ryan Companies, US, Inc, property owner, has requested approval of a preliminary and final plat to create a one lot plat for County Fair Marketplace Fifth Addition and site plan to construct a Best Buy store at 1350 Hwy 15 South with the following legal description: Legal Description: Lot 2, Block 1, County Fair Marketplace Fourth Addition, McLeod County, Minnesota, according to the recorded plat thereof. And Lot 2, Block 1, County Fair Marketplace Third Addition, McLeod County, Minnesota, according to the recorded plat thereof. Whereas, the Planning Commission met on September 16, 2008, and held a public hearing on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission • and hereby does recommend approval of the request, subject to the following findings and conditions: 1. The proposed building and site improvements would comply with the standards of the C -4 district and the Zoning Ordinance. 2. A certified property survey showing the building elevations is required at the time of building permit. 3. The final plat shall be recorded after the property designation change process is completed to meet McLeod County requirements. 4. SAC and WAC fees will be calculated upon building plan submittal and due at the time of building permit issuance. 5. All signage shall meet the requirements of the C -4 district. Sign permits are required prior to installation of the signage. 6. Exterior lighting must be shielded and shall not cause glare to adjacent properties. 7. As -built utility plans shall be submitted to the City after construction. Adopted by the City Council this 23' day of September, 2008. ATTEST: Gary D. Plotz • City Administrator Steven W. Cook Mayor (e'—) DIRECTORS REPORT PLANNING DEPARTMENT 41 0 4 a- A & W, � '41- r F - To Hutchinson Plannin Commission From Brad Emans, Doff Moon, Dave Hvinstad, Miles Seppelt, Mike Solin Jean Ward, Jud Flemmin Jobn Webster, John Olson, Lenn Rutled K D 0 �imler, Kent Exner, John Paulson, Mark Schnobn'ch, Marc Sebra, Gar Plot, Ken Merrill, Jim Popp, Dan Hatten, Dick Na Rebecca Bowers and Bennie Baumetz ( Persons in attendance at Plannin Staff Meetin in bold Date: September 9. 2 008, for September 16, 2008, Plan nin g t, ornmission Nlectin g Application: Pr i ar and Final plat of Count Fair Marketplace 5'h Addition and Site Plan to Construct a Best Bu at 1350 Hw 15 Sib 41 Applicant: v Companies, Propert Owner PRELIMINARY AND FINAL PLAT., AND SITE PLAN R Companies has submitted a preli min ar- and final plat to create a one lot plat for Count Fair Marketplace 5 th Addition. The plat would combine Count Fair Marketplace Third and Fourth Additions into one lot. A site plan is also re to construct a 25,343 s ft. Best Bu store between the Bonner Office Max and Cub Foods buildin The parkin and utilities for this lot were sized and constructed for development on this site and have been installed per the plans approved in '1998. The applicant wants to be construction as soon as possible to meet a Ma 2009 completion date. Preliminary, Final Plat and Site Plan County Fair Marketplace 5" Addition September 16, 2008 • Page 2 GENERAL INFORMATION Existing Zoning: C-4 (Fringe Commercial) Property Location: 1330/1350 Hwy 15 South Lot Size: 2.13 Acres Existing Land Use: Vacant Adjacent Land Use And Zoning: C -4 (Fringe Commercial) Zoning History: County Fair Marketplace was annexed, platted and rezoned in 1998 and developed by Ryan Companies. County Fair Marketplace Third and Fourth Additions were platted in 2003. The Third Addition is abstract and the Fourth Addition is torrens. Although the subject property was intended for construction of one building, the County required the subject property to be platted into separate additions, as the McLeod County does not allow a plat to contain both abstract and torrens property. A lot split from the Fourth Addition was approved in 2003 and sold to construct the Arby's. There are cross parking and access agreements to accommodate • shared parking for the development. Applicable Regulations: Sections 153 and 154.169, City Code Preliminary and Final Plat: The proposed County Fair Marketplace 5 Addition plat combines County Fair Marketplace Third and Fourth Additions into one lot to remove the lot line and allow construction of the building. The subject lots were previously platted in a somewhat unusual shape due to the parking and access agreements for the development. The plat would combine both lots into a 2.13 acre parcel that contains all of the building and a portion of the existing parking lot. As noted in the zoning history section, the subject lots were originally platted as separate additions at the direction of the County as they would not allow abstract and torrens property to be platted together. However, in order to combine the parcels into one, Ryan Co. is in the process of requesting the County change the property designation to all abstract prior to recording the final plat. The proposed final plat will correct the issue. There would be no new roads or utilities added from this plat as it is in an existing development. There is no parkland contribution required as it was collected when County Fair Marketplace was originally platted. Staff finds the proposed plat would meet applicable City Code requirements. 0 (p Cc�) l Preliminary, Final Plat and Site Plan County Fair Marketplace 5 Addidon • September 16, 2008 Page 3 Site Plan: Building: The proposed building would be a 25,343 square foot one -story flat roof structure that would be constructed primarily with split face integrally colored concrete block with similar materials and striping to blend with adjacent buildings. The height would be approximately 23' high with a parapet wall extending above the flat roof. Refer to attached building elevations for the draft elevation. The proposed building would be a zero setback building built between two existing buildings, which was approved as part of the original development plans. The proposed building would meet Zoning Ordinance requirements. Signage: Building signage would be as shown on the attached building elevation. Signage would also be installed on the shared pylon sign for County Fair Marketplace. The proposed signage would meet ordinance requirements, however requires approval of a sign permit prior to installation. Parking, Landscaping and Lighting: The parking, landscaping and lighting were previously approved and installed as part of the County Fair Marketplace development. The site plan includes the construction of 17 additional parking spaces behind the building to meet Best Buy's requirements and to be used for the car • audio installation area_ There are 125 stalls in front within the subject lot alone, plus additional parking within shared parking areas. The properties within this development have cross access and shared parking agreements that were developed for the County Fair Marketplace development and designed to meet the City's parking requirements. Staff Comments from One Stop Shop: A one stop shop with representatives from Ryan Companies was held on Sept. 2, 2008. There is one minor change on the site plan to note, which is that the truck dock and trash compactor will switch locations. The locking dock should be north of the compactor (same as shown on the building elevation). Staff noted that there are three water services to the property, two of which should be abandoned. The existing utility services are available to the site. The existing hydrants will serve this building. Staff discussed erosion control requirements and the need to protect the storm sewer system inlets during construction. There was discussion of utility meter placement on the building. The Knox Box must be placed in the front. The parkland contribution was collected when County Fair Marketplace was originally platted. The Police Dept noted that they would like to work with Best Buy on plans for security of the construction area and store. Recommendation: Staff recommends approval of the preliminary plat, final plat, and site plan with the following conditions: . 1. The proposed building and site improvements would comply with the standards of the C -4 district and the Zoning Ordinance. 2. A certified property survey showing the building elevations is required at the time of building permit. Preliminary, Final Plat and Site Plan County Fair Marketplace 5 th Addition September 16, 2008 • Page 4 3. The final plat shall be recorded after the property designation change process is completed to meet McLeod County requirements. 4. SAC and WAC fees will be calculated upon building plan submittal and due at the time of building permit issuance. 5. All signage shall meet the requirements of the C -4 district. Sign permits are required prior to installation of the signage. 6. Exterior lighting must be shielded and shall not cause glare to adjacent properties. 7. As -built utility plans shall be submitted to the City after construction. Cc: Mark Kampmeyer, Ryan Companies Jared Olson, Site Design Team Leader, Ryan Cc Kristin Thompson, Project Manager, Ryan Co. Dan Bowar, PE Civil Engineer, Ryan Co. Phil Foster, CM Architecture, 219 N. 2 " St., Ste 301, Mpls. 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WFAUATON 1Y EM 3 ISM' ELEVATION CO-LOR. E L E VAT I ONS Is com"L-M cchmmcTm P" w4r I* "11164;5 i me BEST BUY @ HUT CHINSON, MN 0 8-2"8 FRONT ELEVATION • MEMORANDUM DATE: September 17, 2008 for the September 23, 2008 City Council meeting TO: Hutchinson City Council FROM: Rebecca Bowers, AICP, Planning Director SUBJECT: CONDITIONAL USE PERMIT TO ALLOW OUTDOOR DISPLAY OF FISH HOUSES IN THE FRONT YARD AT 327 HWY 7 EAST IN THE 1 -1 (LIGHT INDUSTRIAL DISTRICT), REQUESTED BY RANDY THODE Backaround: Randy Thode, applicant, is requesting a conditional use permit to allow outdoor sales display of fish houses in the front yard at 327 Hwy 7 E. The property is zoned Light Industrial and outdoor display requires a conditional use permit. There is adjacent residentially zoned property to the east, commercial to the south and industrial to the north and west. The adjacent property to the west is a residential home, however is zoned 1 -1 (Light Industrial). Additional information is contained in the attached Planning Commission • staff report and attachments. Plannina Commission Meeting: The Planning Commission held a public hearing and considered the request at their August 19, 2008, meeting. There was an adjacent property owner who spoke on the request at the August meeting (referto attached Planning Commission staff report for additional discussion). The request was tabled to the September 16, 2008, Planning Commission meeting to allow the applicant time to obtain a current survey and address some of the concerns raised at the August meeting. At the September meeting, the applicant presented additional information and noted the maximum number of ice houses would be 7, as shown on the attached survey. He will reduce the hours of operation to noon to 5 pm, would not remove any trees, and would not add any exterior lights. He has also indicated 5 parking spaces for customers. The Commission also discussed the existing signage. Mr. Thode stated he would remove the existing sign and install a small sign. After discussing the request, the Commission unanimously recommended approval, designating a maximum of 7 fish houses to be allowed in the front yard. Recommendation: The Planning Commission unanimously recommended approval of the conditional use permit with the findings and conditions in the attached resolution. • Co cL >a • RESOLUTION NO. 13481 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR DISPLAY OF FISH HOUSES IN THE FRONT YARD IN THE I -1 (LIGHT INDUSTRIAL DISTRICT) AT 327 HWY 7 EAST Whereas, Randy Thode, applicant, has requested approval of a conditional use permit to allow outdoor sales display located at 327 Hwy 7 East (Florian Thode, property owner), with the following legal description: Legal Description: The East 142.00 feet of Lot 10 of Auditors Plat of the West Half of Section 32, Township 117 North, Range 29 West according to the recorded plat thereof. Whereas, the Planning Commission met on August 19, 2008, and held a public hearing on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: • 1. A maximum of seven (7) fish houses may be displayed in the front yard. 2. No items or signage may be placed in the public right of way. 3. A sign permit is required for all signage. The existing signs from former businesses must be removed. 4. Hours of operation are Monday — Saturday from noon to 5 pm and by special appointment. Adopted by the City Council this 23` day of September, 2008. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor CL�) -ONL-,, o ll f DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Plannin Commission From Brad Emans, Dolf Nloon, Dave Hunstad, Miles, Seppelt, Mike Solin Jean Ward, Jud Flemmin John Webster, John Olson, Lenn Rutled K Dimler, Kent Exner, John Paulson, Mark Schnobfich, Marc Sebora, Gar Plot, Ken M 11, Jim Popp, Dan Hatt u, Dick Na Rebecca Bowers and Ronnie Baumetz (Persons in attendance at Plannin Staff Meetin ( in bold Date: September 9, 2008, for September 16, 2008, Plann in Commission Meetin Application: CONDITIONAL USE PERMIT TO ALLOW OUTDOOR DISPLAY OF FISH HOUSES IN THE FRONT YARD AT 327 HWV 7 EAST IN THE 1-1 (LIGHT INDUSTRIAL DISTRICT ( Tabled from the Au meetin Applicant(s): Rand Thode, applicant and Florian Thode, propert owner Rand Thode, plat . I I - d'pa o 8 fish I - t is re a conditional use pernut to allowoutdoor sl f 1 houses in the front y ard located at 32-7 Hw 7 E. The propert was zoned Li [ndustn'al in 1980, w . hi allows outdoor displa with approval of a conditional use permit. There is residential propert to the east, comm. ercial to the south and industrial to the north and west. Marshall concrete and Fl abut the propert to the north.. This item was tabled at the Au Plannin Commission meetin until the September meetin to allow Mr. Thode to obtain a current surve IMF • u • Planning Commission — September 16, 2008 Conditional Use Permit 327 Hwy 7 E — Outdoor Display in 1 -1 District Page 2 GENERAL INFORMATION Existing Zoning: I -1 (Light Industrial District) Property Location: 327 Hwy 7 East Lot Size: 1.8 acres Existing Land Use: Residential and Outdoor Storage Surrounding Uses: Residential, Industrial and Commercial Zoning History: The property was zoned to I -1 in the 1980's. A conditional use permit was granted for outdoor storage in 2003. A condition of the conditional use permit was to install a fence and the owner must not "high pile" items such as tires and other items beyond the height of the fence. All stored items were to be kept in the fences area. Applicable Regulations: Section 154.115, City Code Analysis: Planning Commission Meeting: The Planning Commission opened the public hearing to discuss the request at the August 19 meeting. Mr. Thode, applicant, explained the sales will be year round. He also explained there may be a parking concern in the spring and fall. However, he will wait to pave to see how much traffic he actually will generate. The backyard and driveway is gravel. The Planning Commission was concerned with the number of fish houses that could be placed in the front yard and depth of the highway right of way. Mr. Thode stated there is room in the back yard for additional display. He hopes to convert the double car garage into an office area. Mr. Thode explained there is customer parking space in the front and additional parking in the back. Staff reminded the applicant that nothing is allowed to be parked in the right of way. A neighboring property owner had concerns regarding the location of the property lines and asked that a new survey be required. She had no objection to the business, however does not want parking on her property. After discussion, the planning commission tabled the request until a new survey is provided showing the placement of the fish houses and parking areas. A survey was provided on September 5, 2008. The applicant indicated he would like to place 7 fish houses on the front yard. Five of the houses will be 6.5 ft. x 15 ft. with a 2 foot area between each house. The two houses behind the first row will be placed 4 to 5 feet from the first row. These houses will be 6.5 ft. x 17 ft. He stated there will be 5 parking spaces in the front with room for parking in the rear yard. Refer to the attached survey and drawing for details. He would also like to change the hours he is open. The new hours will be from noon to 5 p.m. (Monday — Saturday). In reviewing the CUP, the Commission shall consider if the request meets the following standards: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community, (0 ( C--) a, Planning Commission - September 16, 2008 Conditional Use Permit 327 Hwy 7 E - Outdoor Display in 1 -1 District • Page 3 (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare, and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Recommendation: Staff recommends the following conditions, with feedback requested from the Commission on the number of fish houses to be displayed in the front yard: 1. A maximum of fish houses may be displayed in the front yard. 2. No items or signage may be placed in the public right of way. 3. A sign permit is required for all signage. The existing signs from former businesses must be removed. 4. Hours of operation are Monday - Saturday from Noon to 5 pm and by special appointment. • 11 (Q cc:) a. 07128/2008 s r CERTIFICATE OF SURVEY FOR RANDY THODE LOT 7 DESCRIPTION PROVIDED The Eost 142.00 feet of lot 10 of the Auditor's Plat of the West Half of Sectlon 32, Townehlp 1 17 North, Range 29 West, according to the recorded plat thereof. o� Q' Q v Mme C) \ I CJ o #3 — 0 1 f e LOT 10 # iq {f n i ° N z z O V) z U f 2 O H A? Jeff /e /a feet • Den.tee M MAMM retired 0 Detailed Yee ■0e111N11 M aao ll,--- — — cnon. p� I Nr•y .•r Illy ree, title eervq. 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Y..0WAP5 �Q �� `lc- +we-an �i Sl1 fTr(90 N had �� hU4 4 Nb0n.H 5 Q .T M - S>� of S pr_.Ir_- S P s / e '^ I r CprrrYY _ ��r . 114W pp����}}e�Y�� ��y� �ff.p�e�/� 1 �. 1AM OVee.ZYM S STATE HIGHWAY NO. 7 P 0 Box 36 HutcNmon, MMnewro I5y350 Moral (320) 5417-47100 Fm ISM 'Jgj - 5792 - - - - - - - JOe No Oe124 BN P -376 Pp I{ I (0 Cc7D�, Rft&w SEP D 5 1 1008 MR~ t D M a J C W10110 Z W UT O I— a O L LOT I CL O U BLOCK I F- U) • Den.tee M MAMM retired 0 Detailed Yee ■0e111N11 M aao ll,--- — — cnon. p� I Nr•y .•r Illy ree, title eervq. Plee o 0.0 1. .e• Pre erect is ee er .OeH 4 direct .."role tu 'Nader I r pit Ile $,, ood Lead . . a. , U41 tM 1•p at Ib fuH Of M UOI.4 C O'rtAB Lie. Y..0WAP5 �Q �� `lc- +we-an �i Sl1 fTr(90 N had �� hU4 4 Nb0n.H 5 Q .T M - S>� of S pr_.Ir_- S P s / e '^ I r CprrrYY _ ��r . 114W pp����}}e�Y�� ��y� �ff.p�e�/� 1 �. 1AM OVee.ZYM S STATE HIGHWAY NO. 7 P 0 Box 36 HutcNmon, MMnewro I5y350 Moral (320) 5417-47100 Fm ISM 'Jgj - 5792 - - - - - - - JOe No Oe124 BN P -376 Pp I{ I (0 Cc7D�, . MEMO Overall this expo would give us a better chance to become more cost effective in the materials we use. We would be able to see many of the new materials used in our bagging industry with all the big vendors in one location. With premier tech there as well, we might have the chance to see many of there new upgrades that go along with our bagging and palletizer. Key Benefits: • Premier Tech will be there showcasing many upgrades and updates • Contacts for all the material we use on a daily basis (all in one location) • Bag Film • Labels • Stretch Film (we currently now only one good supplier to meet our specs) • Poly bags • Slip sheets Many of these companies will be showcasing their new and improved products, which can be better suited to our needs. This can make our operation more cost effective in the long run. Not to mention allowing us to get better pricing on the materials we use because we will have more companies to compete against each other. We currently have only one good supplier for stretch film that seems to work for our needs, but I am sure there are others out there to compete with them. • • Look at and compare the different types on Hooder systems for our poly pallet covers to make it safer. • Closest location we will see in the near future and this only comes around every other year in a new location. (Drivable distance if needed) • We will see many new materials and products that we do not know is out there, which can turn to our benefit us in many ways. • All major manufactures in one location that offer products in the business we are in. • This can prove to be very cost effective for us, allowing us more pricing options and give us the upper hand in price negotiations. Thank you for considering, Dan Broucek Lead bagger operator To Mayor and Council the above is a request from Dan Broucek After my review of this request I would ask that this request be considered for approval. Thank you for your consideration, Doug Johnson • Creekside Manager Co Ce� 0 • • PACKAGING EXPO 2008 In CHICAGO Attendee Registration EXHIBIT HOURS: WHERE: ATTENDANCE: November 9, Sunday, 9:00 am - 5:00 pm November 10, Monday, 900 am - 5:00 pm November 11, Tuesday, 9:00 am - 5:00 pm November 12, Wednesday, 9:00 am - 5:00 pm November 13, Thursday, 9:00 am - 2 :00 pm McCormick Place 2301 Lake Shore Drive South, North and Lakeside Buildings Chicago, Illinois 60616 USA Advance Registration is $30.00 on or before Tuesday, October 21, 2008. On -Site Registration is $60.00 after Tuesday, October 21, 2008. 45,000 attendees are expected, including over 6,000 international visitors from more than 125 countries. Fees include admittance into PACK EXPO International, PROCESS EXPO and CPP EXPO exhibits. Link to the Pack Expo website. http://Pei2008,packexpo.com / PACK EXPO • Packaging and Processing Machinery • Containers • Materials • Services • Components • Converting Machinery and More Discover ways to cut costs and increase productivity. Explore the newest technologies. Network with other packaging professionals —all under one roof. ** *This only comes around every other year and this is probably the closest location we will see in the near future. (Driving distance if needed) ** *Alt the main manufactures of the products we use on a daily basis will all be in one location. This is also within driving distant if needed. Cep (Some information from the websile, below are my comments) EXPOSITION PACK EXPO International will focus on the latest developments in packaging technology and will showcase exhibitors' state -of -the -art advances in packaging machinery, converting machinery, materials, packages and containers, and components. The most prominent companies in the industry will be exhibiting and making product introductions at the show. PACK EXPO International is a biennial event (every other year) - ideal timing for important industry updates and new product technology. -- Premier Tech will be there with some of their information on system set -ups and upgrades. - -- Information on the Poly black bag hooder systems, also will be able to see different types of set -ups. Would help on finding the best pricing to suit our needs. - -Be able to see new and more cost effective concepts to our bagging needs along with the materials we use. (Some information from the websile, below we my comments) CONTAINERS & MATERIALS The Containers & Materials Pavilion brings machinery and materials together in one place for 33% of PACK EXPO attendees that say they come to see the latest in • paperboard, glass, metal, plastic and flexible packaging. Explore the largest selection of containers and materials solutions in the Western Hemisphere, ranging from store displays to print overwraps and stand -up pouches. More than 70,000 square feet of exhibit space will be dedicated to the latest innovations in materials, containers and converting machinery. # #Ri - -Have the chance to see some of the new and price efficient materials for everything used in the production process. Labels, Poly Bags, Bag film, Slip sheets and Stretch Film —Allow us to meet and retain some information from the manufactures, along with contact information. Currently we have less than a handful of contacts and for some items only a couple. This would help give an upper hand when pricing out materials to allow us to get the best price. —We would be able to compare new products, materials and see some of the new concepts out there as well. (Some information from the websile, below are my comments) NUMBER OF EXHIBITORS PACK EXPO International 2008 will feature 1700+ companies utilizing over 1.1 million net square feet of exhibit space. —There will be just about every big manufacture here, which will give us many contacts to allow us to have the upper hand when pricing out our material we use for bagging. Currently have less than a hand full. • (O(e� Policy No. 1.11 CITY OF HUTCHINSON POLICY - City coLnc;r - PURCHASING - PURCHASE ORDERS NO. 1_11 (3 pgs.) DATE 1996: 2008 SOURCE City Ordinance No. 96 -173 INTRODUCTION It is the intent of the City of Hutchinson to purchase, in the most efficient and effective manner possible, those goods and services necessary to conduct City activities. To accomplish this, a formal set of purchasing procedures has been adopted. This policy recognizes and retains that the ultimate purchasing responsibility is that of the City Administrator. This policy delegates purchasing authority as outlined below. II. OVERVIEW . The purchasing procedures are based on theffovowing: 1. Purchasing and budgetary control for each department is the responsibility of the Director and /or designated Department Head. 2. The role of the Finance Director and/or agent is to assist department personnel by providing information on vendors and products and to coordinate purchases in an effort to secure the best price and highest quality of goods and services. The Finance Department is not expected to be an expert on all goods and services, therefore, individual departments are expected to provide expertise in their particular areas. 3. Each department will be responsible in ensuring that goods and services which are ordered are necessary, received, and that only goods and services actually received are paid for, and that no duplicate payments are made. 4. Coded invoices and any other documentation, coded per instructions, are due in the Finance Department no later than Thursday noon of the week before each City Council meeting. 5. Generally accepted accounting principles will be followed; as required by State and Federal Laws. • 6. State Statute #412.691 and City Ordinance Section #2.07 shall at all times be complied with when purchasing items. No. 1.11 (page 1) 9 (rl)l • III. GUIDELINES r LJ n U The following guidelines are to be adhered to: 1. No individual (employee or citizen) shall be allowed to make any purchases for personal use through the City. 2. In all cases, correct account codes are to be used. Using an incorrect account code to obligate an unexpended appropriation will not be permitted. 3. Purchases required by emergencies which impair the City's ability to deliver services shall be outside the scope of this policy and handled as appropriate in the circumstances. Lack of or poor planning is not an emergency. 4. Two or more quotes should be obtained on all purchases. 5. All invoices /statements, unless specked on the purchase requisition, are to be mailed directly to the Finance Department and will be forwarded to the department which made the purchase. Invoices picked up at the time of purchase should be coded and submitted to Finance for payment. 6. Payments will be made only from original (not copied) invoices or documents. 7. Vendors will be asked to have either a purchase order number or an employee name and department number before any sales are made. That information is to be available to the City on Statements or upon request. 8. Each department shall have on file in the Finance Department a list of employees authorized to obligate appropriations of that department. Employees shall be only permanent employees of the City. Individual exceptions may be considered by Finance Director and Department Director. 9. All purchases must be within the adopted budget. All capital items that are not budgeted need prior approval. 10. Approval of all items requiring a purchase order will be processed and returned back to the Department within 48 hours. 11. The Finance Department will enter all invoice data within 48 hours of receipt; each department will receive their current financial data the third week of each month. No. 1.11 (page 2) q (C�)l HUTCHINSON CITY POLICY FOR OBTAINING QUOTATIONS /BIDS This policy establishes uniform dollar amounts upon contracts which shall or may be entered into by the City on the basis of competitive bids, quotations or purchase or sale in the open market. Any deviation(s) should be stated and approved by the City Administrator and should be clearly documented and recorded as to special circumstances necessitating the deviation(s). DOLLAR AMOUNT Over $100,000 Advertised and sealed bids per Minnesota Statute 471.345 At least two quotations on Specifications outlined on a form prepared by $25,000 - $100,000 the department. City Administrator approval required. $15,000 - $50,000 Finance Director and/or City Administrator's $2,990 $25,009 approval. $2000 - $15,000 $2000 or less Department Director's approval ,Jut:: • No. 1.11 (page 3) q( ) Policy No. 1.11 CITY OF HUTCHINSON POLICY - City Council - PURCHASING - PURCHASE ORDERS NO. 1_11 (3 pgs.) DATE 1996: 2008 SOURCE City Ordinance No. 96 -173 INTRODUCTION It is the intent of the City of Hutchinson to purchase, in the most efficient and effective manner possible, those goods and services necessary to conduct City activities. To accomplish this, a formal set of purchasing procedures has been adopted. This policy recognizes and retains that the ultimate purchasing responsibility is that of the City Administrator. This policy delegates purchasing authority as outlined below. II. OVERVIEW The purchasing procedures are based on the following: • 1. Purchasing and budgetary control for each department is the responsibility of the Director and /or designated Department Head. 2. The role of the Finance Director and /or agent is to assist department personnel by providing information on vendors and products and to coordinate purchases in an effort to secure the best price and highest quality of goods and services. The Finance Department is not expected to be an expert on all goods and services, therefore, individual departments are expected to provide expertise in their particular areas. 3. Each department will be responsible in ensuring that goods and services which are ordered are necessary, received, and that only goods and services actually received are paid for, and that no duplicate payments are made. 4. Coded invoices and any other documentation, coded per instructions, are due in the Finance Department no later than Thursday noon of the week before each City Council meeting. 5. Generally accepted accounting principles will be followed; as required by State and Federal Laws. • 6. State Statute #412.691 and City Ordinance Section #2.07 shall at all times be complied with when purchasing items. No. 1.11 (page 1) • III. GUIDELINES The following guidelines are to be adhered to: No individual (employee or citizen) shall be allowed to make any purchases for personal use through the City. 2. In all cases, correct account codes are to be used. Using an incorrect account code to obligate an unexpended appropriation will not be permitted. 3. Purchases required by emergencies which impair the City's ability to deliver services shall be outside the scope of this policy and handled as appropriate in the circumstances. Lack of or poor planning is not an emergency. 4. Two or more quotes should be obtained on all purchases. All invoices /statements, unless specified on the purchase requisition, are to be mailed directly to the Finance Department and will be forwarded to the department which made the purchase. Invoices picked up at the time of purchase should be coded and submitted to Finance for payment. 6. Payments will be made only from original (not copied) invoices or documents. • 7. Vendors will be asked to have either•a purchase order number or an employee name and department number before any sales are made. That information is to be available to the City on Statements or upon request. Each department shall have on file in the Finance Department a list of employees authorized to obligate appropriations of that department. Employees shall be only permanent employees of the City. Individual exceptions may be considered by Finance Director and Department Director. All purchases must be within the adopted budget. All capital items that are not budgeted need prior approval. 10. Approval of all items requiring a purchase order will be processed and returned back to the Department within 48 hours. 11. The Finance Department will enter all invoice data within 48 hours of receipt; each department will receive their current financial data the third week of each month. 12. Contracts shall not be divided solely to avoid the bidding or purchasing requirements of this policy or state law. • No. 1.11 (page 2) -ewi�,j 960 0 HUTCHINSON CITY POLICY FOR OBTAINING QUOTATIONS /BIDS This policy establishes uniform dollar amounts upon contracts which shall or may be entered into by the City on the basis of competitive bids, quotations or purchase or sale in the open market. Any deviation(s) should be stated and approved by the City Administrator and should be clearly documented and recorded as to special circumstances necessitating the deviation(s). DOLLAR AMOUNT Over $100,000 Advertised and sealed bids per Minnesota Statute 471.345 At least two quotations on Specifications outlined on a form prepared by $25,000 - $100,000 the department. U City Administrator approval required. $15,000 - $50,000 Finance Director and /or City Administrator's $2,000— $25, approval. $2000 - $15,000 $2000 or less Department Directors approval n LJ No. 1.11 (page 3) �ISRd l�`Z� 0 C September 9, 2008 City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 2344219 Fax (320) 234 -6971 To: Gary Plotz, City Administrator From: John Olson, Public Works Manager CC: Kent Exner, City Engineer Subject: Land Swap. McLeod County (Fairgrounds) and City of Hutchinson (Airport) On Thursday September 4, 2008, staff from McLeod County and the City of Hutchinson met to discuss a potential land swap between McLeod County and the City of Hutchinson. There was several staff from McLeod County along with Commissioners Nies and Knutson in attendance. Gary Plotz and John Olson attended from the City. . The history of this potential land-swap began with the Airport Commission. The Airport Commission identified the parcel north of the former Skydive Hutchinson property as being beneficial. Near that time the County had also identified their desire to pave the parking lot at the fairgrounds. The County had identified the land just west of the south fairgrounds entrance as being beneficial for placement of a pond to serve a paved parking lot. As these issues were discussed between staff and elected officials from the County over a period of time, a land swap began to make more sense for both parties. The concept of the land swap is simple. McLeod County would own a parcel of land located between the west side of the south fairgrounds entrance, running west to a point just east of the wetland area located in Zone A of the airport property. This parcel would be `squared' up to allow the area to be properly maintained. A portion of the land would be located within Airport Zone A could not be developed. A right -of -way over the current sewer line in the parcel would also be platted. Any future structures on land located in Airport Zone C would need to comply with current Airport Zoning standards. The parcel the City would take over would be the parcel located north of the former Skydive Hutchinson building. In addition, land currently farmed by the Two - Cylinder Club would be turned over to the City of Hutchinson. The City of Hutchinson would need to work with the current tenant farmer to address any issues necessary to have the parcel and adjacent area included in the Airport Agricultural Lease. I recommend the City Council approve the concept of the land swap, including approval of a utility easement that would allow McLeod County to construct a pond to serve a paved parking • lot at the fairgrounds prior to the final closing on the land swap. ( 0 Cc,) 0 PERMANENT DRAINAGE 6 UTILITY EASEMENT • This Indenture made and entered Into this _ day of _, 2008, by and between the City of Hutchinson, hereinafter (`Grantors, and the McLeod County, a Minnesota government entity, hereinafter ( "Grantee'). Now therefore, for good and valuable consideration, which both parties acknowledge to be sufficient, Grantors hereby grant a permanent easerrrerd for drainage and utility purposes over, under and across that part of the East Half of the Southwest Quarter of Section 12, Township 118 North, Range 30 West McLeod County, Minnesota, as described as Parcel A on 'Exhibit A'. This easement shall be binding upon the successors, heirs and assigns of the parties in perpetuity. The Grantee shall have at any tirne the right to enter upon the easement to construct, operate and maintain all drainage and utility improvements upon said permanent easement. The granting of this easement shall include the right to install utility improvements deemed to be necessary by the Grantee. The Grantee shall be responsible for the maintenance, landscaping and restoration over the easement area In its entirety. The Grantors shall have the right to access and utilize the Future Edmonton Avenue exception area across Parcel A In any manner and for any purpose. In witness whereof, said Grantors here unto have set their hands to this Instrument on the day and year first above written. GRANTORS: City of Hutchinson City of Hutchirmeon By: Printed Name: Title: STATE OF MINNESOTA } }ss COUNTY OF IMoLEOD } Printed The foregoing instrument was acknowledged before me this _ day of , 2008, by and City of Hutchinson. SIGNATURE OF PERSON TAKING ACKNOWLEDGEMENT of the This document was drafted by: Marc A. Sebore Hutchinson City Attorney 111 Hassan St SE Hutchinson MN 55350 (320) 2345883 101 / ORDINANCE NO. 08 -0512 PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE DISPOSAL OF MUNICIPALLY OWNED PROPERTY THE CITY OF HUTCHISON ORDAINS: Section 1. That the municipally owned real property legally described as follows: Shown as Parcel A on Exhibit A attached hereto for good and valuable consideration, is hereby conveyed to McLeod County, Minnesota, together with all hereditaments and appurtenances belonging thereto. Section 2. This conveyance of municipaly owned real estate is authorized in exchange for a parcel of real property owned by McLeod County legally described as follows: Shown as Parcel B on Exhibit A attached hereto Section 3. City Code Chapter 10 entitled "General Provisions" and Section 10.99 entitled "General Penalty" are hereby adopted in thek entirety, by reference, as though repeated verbatim herein. • Section 4. This ordinance shall take effect upon its adoption and publication. Section 5. Gary D. Plotz, City Administrator, or his designee, is hereby empowered to execute any and all documents required to effectuate the purchase of the above - described property or at the real estate closing for the purchase of this parcel. Adopted by the City Council this 14"' day of October, 2008. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator a • to C0> n V C� B_oq\ 2 R,41 NWOOD SKETCH & DESCRIPTIONS FOR THE MCLEOD COUNTY HIGHWAY DEPARTMENT BLOCK 2 r:.`•. --: w...« r...�wrx 1e »:v. �n' vT�nn �r r� w.r L. :rr.... z•...� r...o �._. .r ...... �R ..0 ..r..xrr.n....� N ��r�rar• �a u� ess \ `\ Q PMCEL A ,. .\ sue,, u BLOCK I \ nk i o ti \ C \ S.l0.H. NO. a „ C� N BLOCK 2 r:.`•. --: w...« r...�wrx 1e »:v. �n' vT�nn �r r� w.r L. :rr.... z•...� r...o �._. .r ...... �R ..0 ..r..xrr.n....� N ��r�rar• �a u� ess 0 R TO: Mayor & City Council FROM: Kent Exner, City Engineer Marc Sebora, City Attorney RE: Consideration of Purchase Agreement for the NE Trunk Storm Sewer Phase 3 Project Property Acquisition (900 Main Street N.) DATE: September 23, 2008 Per the City Council's input, the attached draft Purchase Agreement has been composed to address the below terns to the above referenced property acquisition: 1. City to compensate Maplewood Academy for the actual cost of the property owner's appraisal activities up to $1,500. 2. City is willing to remove TH 15 Roundabout project assessments in the amount of S25,032.34 for the dedication of two Drainage & Utility Easements required to construct the pond project. Based on the proposed easements total area of 21,585 SF (0.50 Acres), the compensation rate equals about $1.16 /SF, which is in the range of $0.60 to $2.00 per SF for past easement right considerations. 3. Per a soils exploration and evaluation by Braun Intertec, City staff is uncertain if any of the over 50,000 CY of pond excavation material will be suitable for site grading. Thus, City staff believes that the excess spoils should be removed from the site. Unfortunately, this will not allow for this material to be placed on the remaining Maplewood Academy parcel to improve its development potential. If soil consistencies and construction conditions allow for suitable material to be utilized, City staff could then re-examine this situation to determine if it is possible at that time. The geotechnical study has been provided to the property owners to explore potential soil corrections or mass grading on their own behalf. 4. Future increased stormwater runoff from the remaining Maplewood Academy developable parcel of approximately 3.92 Acres will be accounted for within the proposed Northeast Trunk Storm Sewer regional pond. Thus, no additional stormwater detention or treatment facilities will be required of any City approved development plans. 5. Monetary compensation for the 5.70 -acre proposed acquisition in the range of $130,000 to $190,000 per the City's "Market Value Appraisal" and the letter from Hohngren Appraisals. City staff notes that the appraised value of the property is approximately $130,000 within both documents. Also, the majority of the "severance damages" in the amount of $60,000 that Holmgren Appraisals has communicated are addressed within the • City's appraisal documents. Based on my conversations with both appraisers, the "severance damages" apparently pertain to the loss in value due to decreased development potential with the splitting of this area from the primary developable area, impacts to property access to the remaining parcel, and current real estate market conditions. Iocb) • 6. City is willing to provide "development planning' efforts that include property boundary surveys by Pellinen Land Surveying, preliminary development plans by Otto Associates, geotechnical by Braun ]ntertec, and a certified wetland delineation by Short Elliott Hendrickson (SEH). City staff met with representatives of Maplewood Academy on Tuesday, September 9 and looks forward to a follow -up meeting on Thursday, September 18 Upon receiving additional feedback from the property owners, City staff will finalize the Purchase Agreement prior to the City Council meeting. Based on the upcoming negotiations, City staff will provide a final Purchase Agreement and recommendation at the City Council meeting. Cc: Gary Plotz — CityAdministrator Marc Sebora— City Attorney I 1 LJ \_J �c�cb) 0 REAL ESTATE PVR6WV, AGREEMENT Parties. This Purchase Agreement is made and effective on the last date executed below by and between Maplewood Academy, a , ( "Seller"), and the City of Hutchinson, a Minnesota municipal corporation, (`Buyer"). Offer /Acceptance. Buyer offers to purchase and Seller agrees to sell real property (the "Property") in McLeod County, Minnesota, legally described as: That part of Lot 22 of the Auditor's Plat of the South Half of Section 30 and the North Half of Section 31, Township 117 North, Range 29 West, McLeod County, Minnesota, described as follows: Commencing at the northeast comer of the Northwest Quarter of said Section 31; thence South 89 degrees 56 minutes 02 seconds West, assumed bearing, along the north line of said Northwest Quarter 906.47 feet; thence South 0 degrees 03 minutes 58 seconds East 152.62 feet to the point of beginning of the land to be described; thence North 89 degrees 56 minutes 02 seconds East 92.32 feet; thence easterly and northeasterly, 53.77 feet along a tangent curve concave to the northwest, said curve has a radius of 80.00 feet and a central angle of 38 degrees 30 minutes 25 seconds; thence northeasterly and easterly, 47.05 feet along a reverse curve concave to the southeast, said curve has a radius of 70.00 feet and a central angle of 38 degrees 30 minutes 25 seconds; thence North 89 degrees 56 minutes 02 seconds East, tangent to the last described curve, 137.13 feet; thence easterly, southeasterly and southerly, 109.96 feet along a tangent curve concave to the southwest, said curve has a radius of 70.00 feet and central angle of 90 degrees 00 minutes 00 seconds; thence South 0 degrees 03 minutes 58 seconds East, tangent to the last described curve, 204.25 feet; thence southerly, southeasterly and easterly, 204.56 feet along a tangent curve concave to the northeast, said curve has a radius of 130.00 feet and central angle of 90 degrees 09 minutes 26 seconds; thence N(irfh $4`.dekrees 46 minutes 36 seconds East, tangent to the last described curve 226.18 feet to the westerly right of way line of State Highway No 15; thence southerly, along said right of way line, 122.62 feet along a nontangent curve concave to the east, said curve has a radius of 11534.16 feet, a central angle of 0 degrees 36 minutes 33 onds and a chord bearing of South 2 degrees 56 minutes 53 seconds West; thence South 89 degrees 46 minutes 36 seconds West, tangent to said curve, 742.93 feet; thence North 0 degrees 03 minutes 58 seconds West 495.50 feet to the point of beginning. Purchase Price and Terms. The purchase price for the Property in this sale is one hundred seventy-six thousand two hundred dollars and no cents ($176,200.00) which the Buyer agrees to pay by check on the date of the closing and upon delivery of the deed as hereinafter provided. Buyer shall cause two hundred thousand dollars and no cents ($200,000.00) of this amount as earnest money to be deposited and held by Seller pending closing. Deed/Marketable Title. A. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title of record, subject to: (1) Building and zoning laws, ordinances, state and federal regulations; and (2) The lien of real property taxes and the lien of special assessments and interest due thereon, if any, payable in the year of closing which by the terms of this Purchase Agreement are to be paid or assumed by Buyer. B.. Seller proposes to Buyer that Seller's good and marketable title will be delivered to Buyer at closing subject to the following title issues: [Check (1), if applicable:] (1) 1t3 Encumbrances, easements, covenants, conditions, restrieljcps, a declaration (without an association), and reservation of mineral rights by the State of Minnesota, as disclosed in M.S.BA. Real Property Form NO. 19, ADDENDUM TO PURCHASE AGREEMENT: TITLE ISSUES (2005), attached as a part of this Purchase Agreement. [Check (2), if applicable:] (2) O A Declaration of covenants, conditions, and restrictions with an association in a planned community, condominium, or other W mon interest ownership community, as disclosed in M.S.B.A. Real Property Form No. 12, ADDENDUM TO PURCHASE REEMENT: COMMON INTEREST COMMUNITY attached as a part of this Purchase Agreement. 10(6) &eck (3), if applicable] (3) O The rights of tenants or other parties in possession, as disclosed in M.S.B.A. Real Property Form No. 20, ADDENDUM TO PURCHASE AGREEMENT: TENANTS AND PARTIES IN PO$�SESSION (2005) attached as a part of this Purchase Agreement. Although Seller has disclosed these title issues and Buyer has indicated a general willingness to take title subject to these title issues, these title issues are subject to the other provisions of the Purchase Agreement and to an examination of title based upon the Minnesota Title Standards and upon Minnesota law. Buyer also reserves the right to evaluate these title issues in light of Buyer's intended use and enjoyment of the property. Buyer shall have until the end of the period for stating Title Objections under Paragraph 14., of this Purchase Agreement to make the evaluation and determine if these title issues will affect Buyer's intended use and enjoyment of the property. Except for matters disclosed under B.(2), above, and governed by the statutory remedies referenced in M.S.B.A. Real Property Form No. 12, ADDENDUM TO PURCHASE AGREEMENT: COMMON INTEREST COMMUNITY, if Buyer, in Buyer's sole discretion, determines that tese title issues will adversely affect Buyer's intended use and enjoyment of the property, Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. If the period for stating Title Objections herein, passes without Buyer's declaring that these title issues will adversely affect Buyer's intended use and enjoyment of the property, then, subject to Seller's covenant to deliver a good and marketable title of record, Buyer shall take title subject to these title issues. [Seller should consider full disclosure of all title issues to Buyer in this Purchase Agreement or in addenda to this Purchase Agreement. Full disclosure as to the substance of title issues allows Buyer an early opportunity to ensure that this is the right property for Buyer and to measure the impact on the Buyer's intended use or potential enjoyment of the property. In other words, Buyer's consent to take title subject to the existence of title issues must be a fully informed consent. If Buyer is fully informed early, it is less likely that Buyer will elect to void the Agreement.] Real Estate Taxes and Special Assessments. A. Prior Years' Delinquent Real Estate Taxes and Delinquent Special Assessments. Delinquent real estate taxes payable in years prior to the year of closing and delinquent installments of s06aihtass6sments certified for collection with real estate taxes • payable in years prior to the year of closing, together with penalty, interest and costs, shall be paid by Seller not later than the actual date of closing. B. Real Estate Taxes Payable in the Year of Closing. Real estate taxes payable in the year of closing shall be prorated between Seller and Buyer on a calendar year basis on the actual date of closing. Seller shall pay penalty, interest and costs on any delinquent installment of taxes and special assessments payable in the year of closing, If closing is delayed to a later year, real estate taxes payable in the year of closing shall be prorated between Seller an Buyer on a calendar year basis to the actual date of closing. C. Tax Statements. If tax statements for taxes payable in the year of closing are not available on the Date of Closing, the amount to be used for closing purposes shall be 100% of the prior year's taxes, and such amount shall be [strike one] [FULL AND FINAL BETWEEN SELLER AND BUYER/ ADJUSTED UPON RECEIPT OF THE ACTUAL TAX STATEMENTS FOR SUCH YEAR (in which case the party entitled to a credit as a result of the adjustment shall receive the amount of such credit from the other party within 30 days of issuance of the tax statements). D. Deferred Real Estate Taxes. Seller shall pay on date of closing or provide for payment of any deferred real estate taxes (including "Green Acres" taxes under Minnesota Statutes Section 273.111) payment of which is required as a result of the closing of this sale or the recording of the Deed or Contract for Deed. Provision of payment shall be by payment into escrow of 1.5 times the estimated amount of the assessor's reassessment for deferred taxes. E. Valuation Exclusions from Assessed Value. Seller warrants and represents that the property (circle one) does / does not have an exclusion from estimated market value for certain home improvements pursuant to Minnesota Statutes Section 273.11, Subd. 16 (1997). Such exclusion expires on the sale of the property and will ` the assessed value of the property to increase for property tax purposes. The increase in assessed value will cause the pfoptir"' es to increase and might make the property unaffordable for Buyer. If Seller represents that the property does not have an exclusion and an exclusion is discovered prior to closing, Buyer may, at Buyer's option: • Assume payment of the increased property taxes without adjustment to the purchase price of the real property; 1�Cb� 19 Require that the price of the property be reduced by the estimated increase in property taxes over the three calendar years owing the year of closing (such estimated increase shall be obtained from the county assessor or city assessor); or, (3) Rescind this Agreement, in which case all earnest money shall be refunded to Buyer. If the exclusion is not discovered until after closing, Seller shall be liable to Buyer for liquidated damages in the amount that is five times the estimated increase in real estate taxes based on the reassessed value provided that any notice of a claim of breach or warranty must be in writing and must be given by Buyer to Seller within one year of the Date of Closing or deemed waived. The provisions of theis Paragraph F., shall survive the deliver of the Deed or Contract for Deed. F. Certified Special Assessments. All installments of special assessments certified for payment with the real estate taxes payable in the year of closing shall be assumed by Buyer. G. Pending Special Assessments. BUYER SHALL ASSUME PAYMENT OF special assessments pending as of the date of this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. As of the date of this Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the property. If a special assessment becomes pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: A. Assume payment of the pending special assessment without adjustment to the purchase price of the property; or, B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commensurate increase in the purchase price of the property, which increase shall be the same as the estimated amount of the assessment; or, C. Rescind this Agreement, in which case all earnest money shall be refunded to Buyer. H. Deferred Special Assessments. Buyer shall pay on date of closing or provide for payment of any deferred special assessment payment of which is required as a result of the closing of this sale or the recording/filing of the Deed or ntract for Deed. Provision for payment shall be by payment into escrow of 1.5 times the estimated amount of the deferred MWcial assessments. I, All Other Levied Special Assessments. Buyer shall assume payment of all other special assessment levied as of the date of this Purchase Agreement., except deferred special assessments (covered above). J. Taxes and Special Assessments in the Years Following Closing. Buyer shall pay real estate taxes payable in the years following closing and special assessments payable therewith, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. Damaoes to Real Prepe rtY Until completion of closing and delivery of possession, all risk of loss is on Seller. If the real property is damaged prior to closing, Seller shall give notice to Buyer within 3 business days after such damage has occurred. The notice shall include Seller's proposal for repairing the damage. From the date that Buyer receives Seller's notice, Buyer shall have 3 business days to inspect the real property, and an additional 2 business days to determine if the damages and Seller's proposal for repairs are acceptable to Buyer. If Buyer does not accept Seller's proposals for repairs within the 2 day period, this Agreement is cancelled and the earnest money shall be refunded to Buyer. this Purchase Agreement shall terminate and the earnest money shall be refunded to Buyer. Seller's Boundary Line, Access, Restrictions and Lien Warrants. Seller warrants that buildings on adjoining real property, if any, are entirely outside of the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. Seller warrants that the real property is not subject to a lien for Medical Assistance or other public assistance. These warranties shall survive the delivery of the Deed or Contract for Deed. Condition of Property. A. Clean Conditions. Seller shall remove all debris, trash, rubbish, garbage, and yard waste from the land before the possession date. 0 Hazardous Substances, Petroleum Products, and Underground Storage Tanks. Seller knows of no hazardous substances or etroleum products having been placed, stored, or released from or on the property by any person in violation of any law, nor of , Iocb) •y underground storage tanks having been located on the property at any time Notwithstanding Buyer's environmental investigations of the property, Seller warrants and represents to Buyer that there have been no acts or occurrences upon the property that have caused or could cause hazardous substances or petroleum products to be released or discharged into the subsoil or ground water of the property or other property in the area. Seller represents and warrants to Buyer that the property is free of hazardous substances and is not subject o any "superfund" type liens or claims by governmental regulartory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the property. Seller shall indemnify and hold Buyer harmless from any and all claims, causes of action, damages, losses, or costs (including lawyer's fees) relating to hazardous substances or petroleum products in the subsoil or ground water of the property or other property in the area which arise from or are caused by acts or occurrences upon the property prior to Buyer taking possession. These warranties and indemnifications shall survive the delivery of the Deed or Contract for Deed. C. Wetlands, Flood Plain, and Shoreland. Seller has disclosed to Buyer all conditions pertaining to wetlands on the property. D. Protected Sites. Seller has no knowledge that the property has any conditions that are protected by federal or state law. E. Diseased Trees. Seller has not received any notice from any governmental authority as to the existence of, and Seller has no knowledge of, any Dutch elm disease, oak wilt, or other disease of any trees on the real property. F. Buyer's Inspections. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending regulations, Seller does not plan to have the property inspected. Other than the representations made in this Agreement, the property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions or fitness for any particular purpose. G. Methamphetamine Disclosure. To the best of Seller's knowledge, methamphetamine production has not occurred on the property. H. Notice of Airport Zoning Regulations. If airport zoning regulations affect his real property, a copy of those airport zoning 0 gulations as adopted can be viewed or obatined at the office of the county recorder where the zoned area is located. 1. Warranties Survive Closing. Seller's warranties and representations shall survive the delivery of the Deed. J. Location of Utilities. For Seller's representations regarding the presence and location of utilities, if any, see below. Disclosure of Notices, Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. Seller's representations contained in this paragraph shall survive the delivery of the Deed. Access Prior to Closing.. By this Purchase Agreement, Buyer does not acquire any right of possession of the property nor does Buyer acquire any right of entry, license, or easement. Seller will consent to a case -by -case right of entry for Buyer and/or Buyer's agents, surveyors, engineers, and site evaluators for testing, measuring, and evaluating purposes provided that the following conditions are met: A There shall be no crop or tree damage. B.There shall be no excavating or earth- moving and no tree removal. C. Buyer's independent contractors (surveyors, engineers, and site evaluators, etc.) shall, prior to entry on the land, deliver to Seller proof of independent contract with Buyer and a waiver of lien rights in a form satisfactory to Seller. Buyer shall indemnify and hold Seller harmless from any and all liens, claims, liabilities or charges incurred or caused by Buyer's contracts with surveyors, engineers, and site evaluators, which indemnity shall include any lawyer's fees, costs or disbursements incurred by Seller in any defense thereof. Possession. Seller shall deliver possession of the property not later than the date of closing. E xamination of Title. Abstract and Examination of Title. To demonstrate that Seller's title is good and marketable of record, within a reasonable leC�� e after acceptance of this Purchase Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property stract certified to date including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending special assessments. Buyer shall have ten business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's lawyer examine the title and provide Seller with written Title Objections, or, at Buyer's own expense, to make an application for a title insurance policy and notify Seller of the application. Buyer shall have ten business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written Title Objections. Buyer shall be deemed to have waived any Title Objections not made within the ten day period above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title insurance, Buyer is not waiving the right to obtain a good and marketable title of record from Seller. For the purposes of this Agreement, an "Objection to Title" or "Title Objection" is some title matter which fails to pass a title examination based upon Minnesota law and the Minnesota Title Standards promulgated by the Real Property. An "Exception to Title" or "Title Exception" is some title matter which passes a title examination based upon Minnesota law and the Minnesota Title Standards; is generally regarded by title examiners as not rendering the title unmarketable and, which, because of its nature, is generally disclosed by title examiners to the recipient of the title opinion or title insurance commitment. B. Abstract Lost or Unavailable: Title Insurance by Seller. If Seller is unable to find the Abstract of Title or if Seller did not receive an Abstract of Title when Seller purchased the Property, then, to demonstrate that Seller's title is insurable for marketability and subject to only those matters disclosed above, within a reasonable time after acceptance of this Agreement, seller shall furnish Buyer with a Commitment for Title Insurance including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending special assessments. The Commitment shall be obtained from the title insurer of Buyer's choice. The Commitment shall contain the insurer's requirements for �eleVng these exceptions in the owner's policy (except for those matters accepted by Buyer in this Agreement): 0 ) Rights or claims of parties in possession, not shown by the public records (2) Easements, or claims of easements, not shown by the public records; (3) Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public recoreds; and, (4) Any lien, or right to a lien, for services, labor or material furnished, imposed by law and not shown by the public records. Seller shall provide to Buyer and to the title insurer all documents (except a survey, unless Seller is required by other provisions of this Agreement to provide a survey) necessary to enable the title insurer to delete these exceptions from the owner's policy of title insurance. Buyer shall have ten business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written Title Objections. Buyer shall be deemed to have waived any Title Objections not made within the ten day period above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. By agreeing to receive title insurance in lieu of an Abstract, Buyer is not waiving the right to obtain a good and marketable title of record from Seller. The Commitment will not include the insurer's or abstracter's agreement to provide Buyer with an Abstract of Title at any time at no cost to Buyer. Seller shall pay all commitment, abstracting, examination, searches, and title insurance ecosts including the premiums for the owner's and the lender's policy. Title Corrections and Remedies. Seller shall have a limited time, from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, Avitht5t, ten (10) business days, notify Buyer of Seller's intention to make title marketable within the title- clearing cure period selected below. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. As an alternative to making title good and marketable of record, Seller may, within the ten day Notice period, make a written, dated Ae er to Buyer to obtain title insurance for Buyer with insuring provisions acceptable to Buyer (and, if applicable, Buyer's lender), as W ows: lc:) C v�) � eller may procure, at Seller's expense, an owner's policy of title insurance, from an insurer registered and licensed to do business in nnesota and acceptable to Buyer, specifi8cally insuring over the Title Objections; or, - If the Title Objections are stated in a title insurance commitment which Buyer has obtained, Seller may provide the insurer with such documents and escrows as are necessary to allow the insurer to specifically insure over the Title Objections and agree to pay all of the insurer's charges for issuing the owner's policy to Buyer. Under either of these title insuring alternatives, "at Seller's expense" and "pay all of the insurer's charges" mean that Seller will pay all title insurance commitment and policy premium charges, searcFPcliaigei', plat drawing fees, and any other charge by the insurer to issue the owner's policy, but not the premium for a lender's policy if any. If Buyer accepts Seller's offer of an insurable title, then in this Purchase Agreement, "making title marketable" shall mean "making title insurable," in the manner describe above. Buyer is under no obligation to accept Seller's offer of an insurable title in lieu of a good and marketable titlee of record, but, if Buyer does not reject Seller's offer of an insurable title within three (3) business days of receiving Seller's offer, Buyer shall be deemed to have accepted Seller's offer of an insurable title. If Buyer rejects Sellers offer of make title insurable, Seller shall then make title good and marketable of record and shall be subject to the provisions of this agreement for failure to timely present good and marketable title of record. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in writing and within 5 business days of receipt of Seller's documentation, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. B. If Seller does not give notice of intention to make title marketable within ten business days after receipt of Buyer's Title Objections, this Purchase Agreement is cancelled and the earnest money shall be refunded to Buyer. C. Selection of Title - Clearing Cure Period. Seller shall have 120 days from receipt of Buyer's written Title Objections or until the Date of Closing, whichever date is later, to make title marketable. If Notice is given but the stated period expires without title being made marketable, Buyer may seek, as permitted by law, anyone or more of the following: 1. Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, O may: (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (b) Undertake proceedings to correct the objections to title; r.::1 c1.'. :. 2. Rescission of this Purchase Agreement by notice to Seller; in which case all earnest money paid shall be refunded to Buyer; 3. Damages from Seller including costs and reasonable lawyer's fees, as permitted by law; 4. Specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees; 5. Cancellation of this Purchase Agreement pursuant to Minnesota Statutes Section 559.217, Subd. 3. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: 1. Cancel this Purchase Agreement as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; 2. Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as permitted by law. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: I. Seek damages from seller including costs and reasonable lawyer's fees; 2. Seek specific performance within six months after such right of action arises. 3. Cancel this Purchase Agreement pursuant to Minnesota Statutes Section 559.217, Subd. 3 and neither party shall be liable for damages hereunder to the other, and the earnest money shall be refunded to Buyer. Notices. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 0 b ove and, if mailed, are effective as of the date of mailing. bdivision of Land. If the legal description in this Purchase,Agreement is a new description requiring a subdivision of land owned Seller, Buyer shall pay all subdivision expenses and obtain all necessary governmental approvals. Seller warrants that the legal ription of the real property to be conveyed has been or will be approved for recording as of the Date of Closing. Seller warrants that all subdivision charges for the property, payable to the governmental unit having jurisdiction, have been paid in full, including, but not limited to, subdivision fees, park dedication fees, road and utilities dedication fees, and fees charged for roads, boulevards, trees, and landscaping. Seller warrants that there are no deferred subdivision charges affecting the property. Seller warrants that there are no restrictions on the availability of building permits because of Seller's subdivision of the land. Seller warrants that Seller has complied with all applicable subdivision regulations. Seller warrants that there are no encumbrances affecting the property in any development agreement that Seller may have with the municipality. Seller's warranties and representations contained in this paragraph, shall survive the delivery of the Deed or Contract for Deed, provided that any notice of a defect or claim of breach of warranty must be in writing and any such notice with respect to matters referred to above must be given by Buyer to Seller within one year of the Date of Closing or be deemed waived. Minnesota Law This contract shall be governed by the laws of the State of Minnesota. Well Disclosure. (Check one ofthe following:) _x Seller certifies that Seller does not know of any wells on the property. Wells on the property are disclosed by Seller on the attached Well Disclosure form. Disclosure of Individual On -Site Sewage Treatment System. (Check either A or B.) x_A. Seller certifies that Seller does not know of any individual on -site sewage treatment systems on the property. B. Individual on -site sewage treatment systems on the property are disclosed by Seller on the attached Disclosure form. Seller's Affidavit. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 50.1.2 or 50.1.3] Affidavit of Seller. O o siniz.. Closing shall be at the office of McLeod County Abstract and Title Services, LLC, 235 Hassan Street SE, Hutchinson, Minnesota 55350 on or before October 15, 2008. At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. Closing Costs. Buyer shall pay all closing costs. Additional terms. f The following addenda are SELLER BUYER Steven W. Cook, Mayor City of Hutchinson date ary D. Plotz, City Administrator ity of Hutchinson date date t)cb� ORDINANCE NO. 08 -0611 • PUBLICATION NO. AN ORDINANCE AMENDING SECTION 30.34 OF THE HUTCHINSON CITY CODE ELIMINATING SECTION (G)(5) THEREFROM THE CITY OF HUTCHINSON ORDAINS: That Section 30.34 of the Hutchinson City Code shall be amended to read as attached as Exhibit A hereto. Adopted by the City Council this 10 day of October, 2008. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator • r - - I L 10 C Exhibit A �J § 30.34 CODE OF ETHICS. (A) Purpose. (1) It is imperative that all persons acting in the public service not only maintain the highest possible standards of ethical conduct in the transaction of public business but that those standards be clearly defined and known to the public as well as the person acting in public service. (2) The proper operation of democratic government requires that elected officials be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a code of ethics for all elected officials whether elected or appointed. The purpose of the code of ethics is to establish ethical standards of conduct for all elected officials by setting forth those types of activities that are incompatible with the best interests of the city. (B) Responsibilities of public office. Elected officials are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this state and to cant' out impartially the laws of the nation, state and the municipality and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their offices. • (C) Dedicated service. (1) All officials of the city shall be dedicated to fulfilling their responsibilities of office described herein. They shall be dedicated to the public purpose and all programs developed by them shall be in the community interest. (2) Elected officials shall not exceed their authority or breach the law or ask others to do so and they shall work in full cooperation with other public officials unless prohibited from so doing by law or by officially recognized confidentiality of their work. (D) Avoidance of conflict of interest and appearance of impropriety. No person covered by this code of ethics shall use his or her office or position or otherwise act in any manner which would give the appearance of or result in any impropriety or conflict of interest. (E) Scope. The provisions of this code of ethics shall be applicable to the members of the City Council. (F) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CONFLICT OF INTEREST. ,4ny treatment by an official, of a matter in which the official has an interest, whether the interest does or does not result in a direct or indirect benefit to the official. DIRECT SUBSIDY. Any and only direct financial support by the city, any grant or gift by the city, any taxation benefits granted by the city including tax • increment financing or forgiveness of taxes, special assessments, interest or penalties. Iu(A) Exhibit A . INTEREST. Having a personal or financial relationship to a matter, including but not limited to association in any capacity, other than as a customer, with a person, partnership, firm or corporation or other entity doing business with the city. MATTER. Anything upon which an elected official of the city, individually or in concert with other elected officials, is empowered to act. OFFICIAL or ELECTED OFFICIAL. Any person who has been elected to the City Council and is authorized to vote or take other official action. (G) Prohibited conduct. (1) No person covered by this code of ethics may use public funds, public work time, personnel, facilities or equipment for private gain or for political campaign activities unless that use is authorized or required by law. (2) No person covered by this code of ethics shall request or permit the use of city owned vehicles, equipment, machinery or property for personal convenience or profit, except when those services are available to the public generally or are provided as municipal policy for the use of those persons in the conduct of official business. (3) No person covered by this code of ethics shall directly or indirectly solicit, accept or receive any compensation, gift, reward or gratuity with a fair market value of $50 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, promise or any other form in connection with any matter or proceeding connected with or related to the duties of his or her office, except as may otherwise be provided by law. (4) No person covered by this code of ethics who is not seeking re- election or otherwise intends to leave his or her elected office, shall seek reimbursement for travel and transportation expenses from tile, city regardless of whether the expenses are directly or indirectly related to official city business. Failure to comply with appropriate deadlines for election filings or failure to win re- election, shall create a rebuttable presumption that a person is not seeking re- election or otherwise intends to leave his or her elected office. {§) (5) No person covered by this code of ethics, within one year of his or her service as a Council member, shall contract to provide goods or services to the city. This prohibition shall extend to any business, firm or organization in which the former Council member holds at least a 50% ownership interest. This prohibition shall not extend, however, to any contract competitively bid pursuant to M.S. §§ 471.345(1) - 471.345(3), 1988 edition, as it may be amended from time to time, or its successor statute and further shall not apply to any contract which the city, by its actions, mandates will be subject to the provisions of M.S. § 471.345, as it may be amended from time to time. (H) Violations. • (1) Upon the written complaint of any person alleging violation of division (G) above, the City Council may hold a hearing at which hearing the person who W CA) Exhibit A • is alleged to have violated division (G) shall have the opportunity to respond to the allegations. If, after hearing and after stating on the record the reasons for action, the City Council may take any lawful action it deems appropriate, including but not limited to, referring the matter for criminal prosecution. No City Council member alleged to have violated division (G) of this section shall participate in the deliberation or voting of the City Council. (2) Any person who shall violate the provisions of division (G) of this section shall be guilty of a misdemeanor. Only violations of division (G) of this section shall be considered misdemeanors. ('89 Code, § 2.13) (Ord. 89 -15, passed 1- 23 -90) Penalty, see § 10.99 F U • l©ca�