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cp07-27-2010 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 27, 2010 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Congregational UCC Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JULY 13, 2010 Action — Motion to approve as presented 6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise ave een a egate to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES (b) PLANNING COMMISSION ITEMS CONSIDERATION OF A VARIANCE TO REPLACE AN EXISTING DETACHED GARAGE IN THE FRON TYARD AT 25 GRIFFIN AVENUE NE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13762) 2. CONSIDERATION OF REZONING PROPERTY FROM C -1 (NEIGHBORHOOD CONVENIENCE COMMERCIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) AT 502 HARRINGTON STREET SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13763 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10 -0552 FOR AUGUST 10, 2010) (c) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 5 — LETTING NO. 1, PROJECT NO. 09 -01 (ENERGY PARK IMPROVEMENTS PHASE I) (d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO DUCKS UNLIMITED ON SEPTEMBER 8, 2010 (e) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO SUSTAINABLE FARMING ASSOCIATION OF MINNESOTA FOR THE GARLIC FESTIVAL BEING HELD AUGUST 14, 2010 (f) CONSIDERATION FOR APPROVAL OF TRADING IN CREEKSIDE'S 2004 MCCLOSKEY 733 SCREENER FOR A 2010 MCCLOSKEY 628 SCREENER (g) APPOINTMENT OF LENA MOWLEM TO PUBLIC ARTS COMMISSION TO AUGUST 2013 CITY COUNCIL AGENDA —JULY 27, 2010 (h) CONSIDERATION FOR APPROVAL OF PROPOSED AMENDMENTS TO THE CITY OF HUTCHINSON EMPLOYEE HANDBOOK— PERSONNEL POLICY (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS 6:00 P.M. -NONE 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. A ways oo ing toward t e uture, not monitoring pat) (a) CONSIDERATION FOR APPROVAL OF AMENDING WASTE MANAGEMENT CONTRACT Action — Table to August 10, 2010 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF SETTING DATE AND FORMAT FOR ANNUAL CITY RECOGNITION EVENT Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF USING 101 PARK PLACE PARKING LOT FOR 2011 DOWNTOWN FARMERS' MARKET Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF COMBINING POSITIONS OF FINANCE DIRECTOR AND CITY ADMINISTRATOR EFFECTIVE JANUARY 1, 2011, AND TO PROMOTE JEREMY CARTER TO THE POSITION OF CITY ADMINISTRATOR Action — Motion to reject — Motion to approve (d) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13768 - A RESOLUTION PERTAINING TO LOCAL OPTION SALES TAX Action — Motion to reject — Motion to approve (e) CONSIDERATION FOR APPROVAL OF ACQUISITION OF TRUNK HWY 7 /TRUNK HWY 15 466 MA � STREET PROPERTIES NORTH, 480 MAIN STREET T�WTH, 2 6 4� AVENUENW, 264 AVENUE NW 9 AVENUE NE, 11 4TH AVENUE NE, 13 4 AVENUE NE, 15 4TH AVENUE NE, 17 4TH AVENUE NE, 25 4TH AVENUE NE, 35 4TH AVENUE NE, 45 4TH AVENUE NE & 426 PROSPECT STREET NE) Action — Motion to reject — Motion to approve (f) DISCUSSION OF MOSQUITO CONTROL EFFORTS Action - 11. GOVERNANCE ( Purpose: to assesspast organizational performance, develop policy that guides the organization and ouncie the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JUNE 2,20 10, AND JULY 6, 2010 2 CITY COUNCIL AGENDA — JULY 27, 2010 (b) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM APRIL 26, 2010 (c) PLANNING COMMISSION MINUTES FROM JUNE 15, 2010 (d) CITY OF HUTCHINSON FINANCIAL REPORT FOR JUNE 2010 (e) CITY OF HUTCHINSON INVESTMENT REPORT FOR JUNE 2010 12. MISCELLANEOUS 13. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 13, 2010 1. CALL TO ORDER — 5:30 P.M. Mayor Steve oo ca e t e meeting to order. Members present were Bill Arndt, Jim Haugen, Eric Yost and Chad Czmowski. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney. 2. INVOCATION — Rev. Brian Brosz, Congregational UCC Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JUNE 22, 2010 Motion by Czmowski, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise ave een a egate to t e City Administrator. Traditionally, items armot discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13761 -RESOLUTION APPOINTING ELECTION JUDGES FOR 2010 STATE AND MUNICIPAL PRIMARY AND GENERAL ELECTIONS (b) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO RAFAEL JIMENEZ TO OPERATE AN ICE CREAM TRUCK ON CITY STREETS (c) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO STEPHANIE HANSEN TO OPERATE A PRODUCE STAND IN THE OUTPOST PARKING LOT LOCATED AT 1201 MAIN STREET NORTH (d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE TO POWER PULL NATIONALS LLC FOR JULY 16 & 17, 2010, AT MCLEOD COUNTY FAIRGROUNDS (e) CONSIDERATION FOR APPROVAL OF AIRPORT AGRICULTURAL LEASE WITH ROBERT PETERSON (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(a)l and 6(e) were pulled for separate discussion. Motion by Haugen, second by Czmowski, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve Item 6(a)1. Motion carried unanimously. Item 6(e) had further discussion. Council Member Arndt asked if this is a new lease. John Olson, Public Works Manager, explained that this parcel is on the west side of the runway on the other side of the ditch 5(ez) CITY COUNCIL MINUTES —JULY 13, 2010 which has been farmed since 1994. The other properties that are farmed are on a three -year lease rotation. Motion by Arndt, second by Cook, to approve Item 6(e). Motion carried unanimously. 7. PUBLIC HEARINGS 6:00 P.M. -NONE H. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. A ways oo ing toward theJuture, not monitoring past) (a) INFORMATIONAL PRESENTATION BY LORI PICKEL - STANGEL OF MCLEOD COUNTY HISTORICAL SOCIETY Lori Pickel - Stangle, McLeod County Historical Society, presented before the Council. Ms. Pickel - Stangle provided an overview of the McLeod County Historical Museum and the various things it has to offer. (b) DISCUSSION OF COPS GRANT APPLICATION— SECURE OUR SCHOOL Dan Hatten, Chief of Police, presented before the Council. Chief Hatten explained that a grant application has been submitted in a partnership with law enforcement and area schools. The main objective is to improve school security and safety while incorporating the community policing philosophy. The grant does require a 50% match from the agencies that apply. The total amount of the proposed project is $149,670. 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 10 -0550 —AN ORDINANCE GRANTING FRANCHISE TO CHERYL DOOLEY TO PLACE A FLAG POLE ON CITY PROPERTY AT 130 WASHINGTON AVENUE EAST (WAIVE FIRST READING AND SET SECOND AND ADOPTION OF ORDINANCE NO. 10 -0550 FOR JULY 13, 2010) Mayor Cook noted that at the first reading of the ordinance, limited detail on the application was provided. Since then, the applicant has provided more information, such as height of pole, location of pole, etc. Attorney Sebora noted that the franchise agreement was also revised to set the term of the franchise for 20 years and to also have no charge for the franchise. Another revision to the franchise is to require that encroachments be removed from the rights of way at the Grantee's expense. The flag size will be 4' X 6' and is required to be lit at night. Motion by Czmowski, second by Cook, to approve Ordinance No. 10 -0550. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF SITE LEASE AGREEMENT WITH MIDWEST WIRELESS COMMUNICATIONS, LLC Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that City staff communicated with Midwest Wireless on the Council's wishes from the last meeting, that being a rental rate minimum yearly increase of 2% and a maximum of 4 %. Midwest Wireless responded that they will not agree to an increase based on the consumer price index. They agreed to compromise at a 3% annual increase, rather than 2 %. An increase based on CPI is against their policy for a number of reasons. Council Member Yost stated that he feels Midwest Wireless's reasoning is poor, but he is satisfied with the 3% annual increase. Motion by Arndt, second by Haugen, to approve site lease agreement with Midwest Wireless Communications, LLC, with an annual rent increase of 3 %. Motion carried unanimously. 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF AMENDING WASTE MANAGEMENT CONTRACT Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that additional information is forthcoming from Waste Management, therefore he requested that the item be tabled. 2 5C,� CITYCOUNCIL MINUTES —JULY 13, 2010 Motion by Arndt, second by Yost, to table this item until July 27, 2010. Motion carried unanimously. (b) DISCUSSION OF LOCAL SALES TAX OPTION Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the Council would need to adopt a Resolution approving going to the voters with a local sales tax question, along with approving ballot language to bring forth to the citizens of Hutchinson. Should the question be approved by the voters, the language would then move to the state legislature for approval. Dave Gehrke, 570 Lynn Road, presented before the Council. Mr. Gehrke clarified that debt service for water /wastewater is approximately $3.1 million. Mr. Gehrke expressed that he feels the debt for the water /wastewater is a community issue and should not be put on the shoulders of outside visitors. Mr. Gehrke also expressed that residents are not properly informed of what all of the charges are on a water bill. Mayor Cook noted he feels non- residents receive the benefit of the water /wastewater plant, from those who visit, those who work here, etc. Council Member Yost noted that he would like for Marc Sebora to draft a Resolution for the Council to consider, along with proposed ballot language. The Council conceded. (c) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR AUGUST 24, 2010, AT 4:00 P.M. FOR 2009 AUDIT REVIEW Motion by Czmowski, second by Yost, to approve setting Council workshop for August 24, 2010, at 4:00 p.m. Motion carried unanimously. (d) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 13 SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION OF PROPERTY LOCATED AT 105 2 AVENUE SE AND MN /DOT TRUNK HWY 7/15 PROPERTIES 4 # AVE R E T NO11RTH, 48MAIN ( NE, E 13 4 NORTH, 25 4 AV E H AVE W, 264E MET 7 4TH AV 9 NE, 25 4TH AVENUE NE, 35 4TH AVENUE NE, 45 4TH AVENUE NE & 426 PROSPECT STREET NE) Motion by Arndt, second by Yost, to convene into closed session at 7:25 p.m. Motion carried unanimously. Motion by Arndt, second by Haugen, to reconvene into open session at 8:00 p.m. Motion carried unanimously. 11. GOVERNANCE (Purpose: to assesspastorganizationalperformance, developpolicy that guides the organization and Council the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) FIRE DEPARTMENT MONTHLY REPORT FROM JUNE 2010 12. MISCELLANEOUS Dan Jochun — Dan Jochum, Planning/Zoning/Building Director, explained that a fence has been constructed on a property on the north side of South Grade Road. The applicant for the fence permit has constructed the fence approximately 6 inches off of the trail along South Grade Road. Current ordinance does not require a setback from trails, so the applicant is in compliance with city code. Mr. Jochum suggested revising the code to include setbacks from trails and to put in place a fence construction moratorium. Mayor Cook recommended placing a moratorium on fence construction and suggested a four foot setback from trails for fence construction. Language will be presented at the next Council meeting. Bill Arndt — Motion by Arndt, second by Cook, to set July 28, 2010, at 6:00 p.m. to attend Hwy 15 Coalition meeting at Event Center. Motion carried unanimously. 5�) CITY COUNCIL MINUTES —JULY 13, 2010 Council Member Arndt asked that the Police Department put on training sessions with liquor establishments to aid them in remaining in compliance with liquor laws. Council Member Arndt stated that he has spoken with Chief Hatten and he is agreeable to provide training sessions to liquor license holders. The Council was in agreement with such training. Eric Yost - Council Member Yost commented on the recent announcement of Gary Plotz's impending retirement after 33 years. Jeremy Carter — Jeremy Carter, Finance Director, presented before the Council. Mr. Carter clarified that the local government aid number should remain at $722,000 for the 2011 budget. The consensus of the Council was yes. With 2012 budgeting, Mr. Carter asked when local government aid should be phased out. The Council indicated that five years is sufficient. The local government aid dollars could be set for the capital improvement fund as opposed to the operating budget. Mr. Carter then asked how should reserve dollars be used? Council Member Czmowski commented that he felt $150,000 could be used; Council Members Haugen and Arndt commented that they would prefer no reserve funds be used, but that $150,000 is reasonable; Mayor Cook commented that he did not want any reserve funds used; Council Member Yost commented that he felt some reserve funds could be used. The majority decision was that $150,000 could be used from the reserve funds. The last question Mr. Carter asked was whether or not the City should move forward with involuntary/voluntary severance programs to address the remaining $360,000 that needs to be reduced from the budget? Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing reviewed an involuntary severance program. The program includes two weeks of pay and one day pay for each year of service up to a $5000 maximum combined payout; payment representing the 35% of the COBRA cost of the current medical and dental insurance premiums for a nine -month period. The involuntary separation(s) would be proposed to be effective no later than November 1, 2010. Motion by Czmowski, second by Arndt, to approve involuntary severance program as presented. Motion carried unanimously. Ms. Ewing then reviewed a voluntary layoff severance program proposal including the following components: one week of pay for each year of service to the City, up to a $20,000 maximum; the dollar equivalent of one week of the employer provided health and dental premium for each year of employment (full time employees only); total voluntary severance package will be at least the minimum amount offered under the involuntary severance package; accept the voluntary severance package offer on or before September 1, 2010 (or August 27, 2010); and final paid date no later than November 1, 2010. If an employee would accept the voluntary program and their total payout is less than that which would have been if it was involuntary, they would get the higher of the payout options. Those in both the voluntary and involuntary severance programs would be eligible to receive payment of unused vacation leave and compensatory time upon separation. Motion by Yost, second by Czmowski, to approve voluntary layoff severance program as presented. Motion carried unanimously. Staff suggested extending the early retirement incentive program deadline. Jeremy Carter suggested that the proposed deadlines will work with the deadline for submitting the preliminary levy to McLeod County, which is September 15, 2010, and approved at the September 14, 2010, City Council meeting, or before. Motion by Czmowski, second by Arndt, to extend early retirement incentive program to September 1, 2010. Motion carried unanimously. Motion by Arndt, second by Cook, to set September 7, 2010, at 5:00 p.m. as Special City Council meeting to review proposed 2011 budget and preliminary tax levy. Motion carried unanimously. Kent Exner — Kent Exner, City Engineer, provided an update on the Adams Street/Washington Avenue project. Trees on Adams Street are soon to be removed. Steve Cook — Mayor Cook asked about proper notification on the leaf vacuum program that will begin this Fall. Mr. Exner noted that proper notice will be going out to residents, on the web site and in utility bills. 4 5(�� CITY COUNCIL MINUTES —JULY 13, 2010 13. ADJOURN Motion by Arndt, second by Haugen, to adjourn at 8:01 p.m. Motion carried unanimously. 51!�� MEMORANDUM DATE: July 21, 2010 for the July 27, 2010 City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director Bonnie Baumetz, Planning Coordinator SUBJECT: CONSIDERATION OF A VARIANCE TO REPLACE AN EXISTING DETACHED GARAGE IN THE FRONT YARD AT 25 GRIFFIN AVENUE N.E. APPLICANT: James and Teresa Ahlers, property owners Backaround: The property owners are requesting a variance to allow an accessory structure in the front yard setback. The existing nonconforming single stall garage is 14' x 22' and placed approximately 3 feet from the interior property line. The proposed 28' x 34' garage will meet all setback requirements. The current house and garage face or front on Griffin Ave. (south). However, the Zoning Ordinance indicates that the narrowest portion of the lot be the lot front. Due to when this property was platted and built this isn't the case, the home fronts the widest portion of the lot which is located along Griffin Ave. The definition of Lot Front is as follows: The portion of a lot abutting a public street. If a lot abuts two public streets, the Lot Front is the narrower of the two lot edges. On double frontage lots with equal edges, the lot front shall be the lot edge at the front of the house. Additional information is contained in the attached staff report and attachments. Plannina Commission Meeting: The Planning Commission held a public hearing and considered the request at their July 20"' meeting. There were no neighboring property owners objecting to the request. After briefly discussing the request the uniqueness of the lot and the hardship, the Planning Commission unanimously recommended approval with the following findings and recommendations: 1. The standards for granting a variance have been met, including the finding of undue hardship; including being reasonable, unique and it will not alter the locality's essential character. The following standards have been met: a. Reasonable: Yes — having a garage is reasonable. b. Unique: Yes — home fronts on wide side of lot. c. Character: Garage will not alter the character of the neighborhood. 2. Property owner will install windows on the north wall of the garage and add landscaping along the north side of the garage to ensure the garage fits the residential character of the neighborhood. Recommendation: The Planning Commission recommended approval of the request with the findings and conditions in the attached resolution. Co �� RESOLUTION NO. 13762 RESOLUTION APPROVING A VARIANCE TO REPLACE AN EXISTING DETACHED GARAGE IN THE FRONT YARD AT 25 GRIFFIN AVENUE N.E. Whereas, James and Teresa Ahlers, property owners, have requested approval of a variance to replace an existing detached garage in the front yard at 25 Griffin Avenue N.E. with the following legal description: Legal Description: The South Half of the following described tract: Beginning at a point 148.5 feet East of the Southwest Corner of Lot Ten (10) of Auditor's Plat of the South Half of Section 30 and the North Half of Section 31, Twp. 117 N., Range 29 W.; thence North 132 feet; thence East 132 feet; thence South 132 feet; thence West 132 feet to the point of beginning. ALSO KNOWN AS Lot Eight (8) of the Auditor's Plat of Lot Ten (10) of Auditor's Plat of the South Half of Section 30 and the North Half of Section 31 Twp. 117 N., Range 29 W. Whereas, the Planning Commission met on July 20, 2010, and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, 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 standards for granting a variance have been met, including the finding of undue hardship; including being reasonable, unique and it will not alter the locality's essential character. The following standards have been met: a. Reasonable: Yes — having a garage is reasonable. b. Unique: Yes — home fronts on wide side of lot. c. Character: Garage will not alter the character of the neighborhood. 2. Property owner will install windows on the north wall of the garage and add landscaping along the north side of the garage to ensure the garage fits the residential character of the neighborhood. Adopted by the City Council this 27 day of July, 2010. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor c,(b) I q r*Z@ ILL OW 7XV! I To: Hutchinson Plannm" Commission From: Brad Emans, Dolf Moon,. Dave Hunstad, Miles Sep pelt, Patrick Brama, Jean Ward, Jud lemmin John Wcbster, John Olson, Lenn Rutled K 1W Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gar Plotz, Jerem Carter JIM Popp, Dan Hatten, Dick Na Dan Joch-um and 0 `$ Bonnie Baum z ( Persons in attendance at Plannin Staff Meetin ( in bold Date: Jul 12, 20 10, fo r Ju l 20, 2 0 10, Plan nin g Commission Meetin Application: CONSIDERATION OF A VARIANCE TO REPLACE AN EXISTING DETACHED GARAGE IN THE FRONT YARD AT 25 GRJFFIN AVENUE N.E. Applicant: James and Teresa Ahlers. propert owners 4 "I"he propert owners arc re a variance to allow an accessor structure in the front y ard setback. The existin nonconformin sin stall g ara g e Is 14' x 22' and placed approxu'natel 3 feet from the interior propert tine. 'rhe proposed 28' x 34' g ara g e will meet all setback requirements. Variance 25 Griffin Avenue N.E. Planning Commission — July 20, 2010 Page 2 GENERAL INFORMATION Existing Zoning: R -2 (Medium Density Residential) Property Location: 25 Griffin Avenue N.E. Lot Size: 66'X 132' Existing Land Use: Single Family Residential Adjacent Land Use And Zoning: R -2 (Medium Density Residential) Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The plat is an Auditors Plat which was platted in 1926. The house was built sometime before 1950 and the garage in 1956. Applicable Regulations: Sections 154.026 (F) and 154.167 Analysis and Recommendation: The current house and garage face or front on Griffin Ave. (south). However, the Zoning Ordinance indicates that the narrowest portion of the lot be the lot front. Due to when this property was platted and built this isn't the case, the home fronts the widest portion of the lot which is located along Griffin Ave. The definition of Lot Front is as follows: The portion of a lot abutting a public street. If a lot abuts two public streets, the Lot Front is the narrower of the two lot edges. On double frontage lots with equal edges, the lot front shall be the lot edge at the front of the house. Staff believes this situation is unique, as well as a hardship. The property owner stated the following: "This is a narrow corner lot. The current garage is placed at the side of the house facing south but the City Ordinance states that the garage is within the front yard setback rather than the side yard setback." The property owner stated the undue hardship as: "There isn't room in the back of the lot so replacing the garage in the current position according the City Ordinance would be in the front of the lot. It is an unusual lot with the way the house was placed in the 1940's." It appears the driveway will remain the existing 20 foot width at the property line and be made wider at the garage. The property is not in the shoreland area and the maximum lot coverage must be no more than 50 %. The survey indicates the coverage with the new garage will be at 38.2 %. This does not include additional driveway coverage, which would increase the Variance 25 Griffin Avenue N.E. Planning Commission — July 20, 2010 Page 3 percentage slightly but not above 50 %. Lot coverage would be calculated at the time of a permit application for additional hard surfaced driveway. Staff discussed the appearance of the garage and yard from the. north, as a portion of the new garage will be closer to Oak Street than the house to the north is. Staff recommends windows are installed on the north wall of the garage and suggested landscaping along the garage to ensure the garage fits the residential character of the neighborhood. In order to grant a variance, the request must meet the standards for granting a variance, including a finding of undue hardship. Undue hardship is a legal standard set forth in MN Statute that means that the property cannot be put to a reasonable use without the variance. This factor means the landowner would like to use the property in a particular reasonable manner but cannot do so under the rules of the ordinance. It does not mean the land cannot be put to any reasonable use whatsoever without the variance. The second undue hardship factor is the plight of the landowners is due to circumstances unique to the property not created by the landowner. The uniqueness generally applies to physical characteristics of the property and not to personal considerations of the landowner. Economic consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Thirdly, the variance, if granted, will not alter the essential character of the locality. Staff recommends approval of the request with the following findings and recommendations: 1. The standards for granting a variance have been met, including the finding of undue hardship; including being reasonable, unique and it will not alter the locality's essential character. The following standards have been met: a. Reasonable: Yes — having a garage is reasonable. b. Unique: Yes — home fronts on wide side of lot. c. Character: Garage will not alter the character of the neighborhood. 2. Property owner will install windows on the north wall of the garage and add landscaping along the north side of the garage to ensure the garage fits the residential character of the neighborhood. Cc: James and Teresa Ahlers, 25 Griffin Ave. N.E. & C1 ti 1r If +�irk. ,, .- YIf .,J + k �'�.'_. �fi.. � � :. - ,p r a �. T `•�".,� r h� ' s " "+. _ � .per ■ du 4 - - 41 .mss. � ��,�+ r _�' " � �" �' : ~ � +k d �,� • � � ; � � �?'.� •� +� �jry .. e r �' � - w p� ` �" �` � ° _ � •� � � .�' Ya p • IL .�.� j k kft 0 ti _ or qr or IL Ir 8 h rx +,� _ SURVEY ✓ I N DR = 1002.5 N88 132.00 — X x x x1002.12 x % - 6.0<1 1 IP Fnd SETBACK LINE JMENT FOUND AS LABELED FENCE COR. - - -' ON -LINE 44 O � O 1 \ 002 10 HOUSE 0 ° n n ; 1 02.12 1003.46 u . • -21.5_ _ 15.6 1 J N 13.5 LOT! +� t .. JMENT SET, MARKED PLS# 45356 — — ,SIN FENCE CORNER _j \ ,S 8829 " )F I 1001.75 2' WEST OF LINE RE FENCE 9 CE# r� SURFACE S SURFACE r I V ' 9 - \ P. ...w o ° PROPOSED GARAGE -_z 25 G GRIFFIN A AVE. N NE HUTCHINSON, M W 28x34 Scale 1 "= 3 1e, 02. 1 —. 17.0 0 Q 002.14 Q. (Z) 1 --25.0 -- Q 1125' SETBACK Q x —'1 LINE A K 8 � 999.44 'N L �a010000 .'aR,- r� JUN 23201p q ° '> B„ Lot 8, A.P. LOT 70 — A A.P. S S 30 & & N N 31- 117 -29, M McLeod County, Minnesota. Address: 2 25 G GRIFFIN A AVE. N NE HUTCHINSON, M MN Scale 1 "= 3 30' I I - t Job No. 10296L3 Drwg B KDN SURFACE= 30.2 ±% hereby certify that this plan, survey or report was prepared by me tNC or under my direct supervision and that I am a duly Licensed Land '?FACE TO ACCOMADATE Surveyor under the laws of the State of Minnesota. J PROFESSIONAL LAND SURVEYORS / 255 H 7 East 7WA Y= 700± SO. FT E. G. RUD & SONS INC. HUTCHSON, MN 55350 By TEL. (320) 587.2025 1 I0US SURFACE= 38.2 ±% Dated this 23rd day of June, 2010. Minnesota License No. 45356 FAX (3201587-2595 www.egru .com MEMORANDUM DATE: July 21, 2010 for the July 27, 2010 City Council meeting TO: Hutchinson City Council FROM: Bonnie Baumetz, Planning Coordinator SUBJECT: REZONE PROPERTY FROM C -1 (NEIGHBORHOOD CONVENIENCE COMMERCIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) AT 502 HARRINGTON STREET S.W. APPLICANT: Lonnie Brand, Edina Realty, applicant Kevin Scott and Brenda Gunner, property owners Background: The applicant is requesting to rezone the lot at 502 Harrington Street S.W. from C -1 to R -2 to allow the property owner to use the property for a two family residence. The Comprehensive Plan guides this property as traditional neighborhood residential. This lot is surrounded by R -2 and rezoning would not be considered "spot zoning ". Additional information is contained in the attached staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their July 20' meeting. There were no neighboring property owners present. There was lengthy discussion regarding the impervious surface coverage and the width of the driveway and parking area since the property will now be entirely a residential use. The applicant explained the property owner will be making improvements to the outside of the residence by replacing doors, windows, siding and plantings to make the structure look residential. The lot is a nonconforming lot in size as it was platted before there were zoning regulations. The consensus of the Commission after discussing the concrete boulevard and parking area unanimously recommended approval with staff recommendations as follows: 1. The address of the property will be changed to 702 5 Ave. SW, in order to be consistent with neighboring properties, as well as be easier to find for public safety reasons. 2. Landscaping treatments should be added to the Harrington St. side of the property which will create more green space so the property will fit the residential character of the neighborhood better and to continue with B 6 curb around the N.E. corner of the lot to the end of the radius. 3. The rezoning is consistent with the Comprehensive Plan, as well as the intent of the R -2 zoning district in the Zoning Ordinance. 4. The property needs to meet the intent of the requirements of the R -2 zoning district and reduce the impervious lot coverage by approximately 200 sq. ft. to 50% lot coverage. Recommendation: The Planning Commission recommended approval of the request with the findings and conditions in the attached resolution. (a (b)D- RESOLUTION NO. 13763 RESOLUTION APPROVING A REQUEST TO REZONE PROPERTY IN A RESIDENTIAL AREA FROM C -1 (NEIGHBORHOOD CONVENIENCE COMMERCIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) AT 502 HARRINGTON STREET S.W. Whereas, Lonnie Brand, Edina Realty, applicant, and Kevin Scott and Brenda Gunner, property owners, have requested approval to rezone property from C -1 ( Neighborhood Convenience Commercial) to R -2 (Medium Density Residential) at 502 Harrington Street S.W. with the following legal description: Legal Description: The East 66.00 feet of Lot 8, Block 1, Harrington's Subdivision of Lots 70 and 71, Lynn Addition Whereas, the Planning Commission met on July 20, 2010, and held a public hearing on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the request, subject to the following findings and conditions: 1. The address of the property will be changed to 702 5`' Ave. SW, in order to be consistent with neighboring properties, as well as be easier to find for public safety reasons. 2. Landscaping treatments should be added to the Harrington St. side of the property which will create more green space so the property will fit the residential character of the neighborhood better and to continue with B 6 curb around the N.E. comer of the lot to the end of the radius. 3. The rezoning is consistent with the Comprehensive Plan, as well as the intent of the R -2 zoning district in the Zoning Ordinance. 4. The property needs to meet the intent of the requirements of the R -2 zoning district and reduce the impervious lot coverage by approximately 200 sq. ft. to 50% lot coverage. Adopted by the City Council this 27 day of July, 2010. ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor f�J PUBLICATION NO. ORDINANCE NO. 10 -0552 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, TO REZONE PROPERTY AT 502 HARRINGTON STREET S.W. FROM C -1 (NEIGHBORHOOD CONVENIENCE COMMERCIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to rezone the property from C -1 ((Neighborhood Convenience Commercial) to R -2 (Medium Density Residential). Section 2. That the property to be rezoned to R -2 (Medium Density Residential) is described as follows: The East 66.00 feet of Lot 8, Block 1, Harrington's Subdivision of Lots 70 and 71, Lynn Addition Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 10th day of August, 2010. ATTEST: Gary D. Plotz, City Administrator Steven W. Cook, Mayor dr — _W 1eAWAW_r 'PAO& AP.W# �r AT a* jrdff�w * ffllpljr_Ar �.e*k AF -e 40 e w 4 - 4j F =A * Ar -0 4 W W 4V F - p _ q p g p 4 W 4 F W �e e& 4F �p NP 0, , W & A F A P AP eR DIRECT 0 IRS PORT - PLANNING DEPARTMENT To: Hutchinson Plannin Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick ram , Jean Ward, Jud Flemmin John Webster, John Olson, Lenn Rutled K Iii rnler. Kent Exnerl John Paulson, Mark Schnobrich, Marc Sebora, Gar Plotz, Jere-m Carter, -Jim Popp, Dan Hatter, Dick Na Dan Jochum and Bonnie Burnet z ( Persons in attendance at Plannin Staff Meetin ( in bold Date: Jul 12, 201 for Jul 20, 2010, Plan nin Com mission Meetin g Apphcation: REZONE PROPERTY FROM C-1 ( NEIGHBORHOOD CONVENIENCE COMMERCIAL TO R-2 ( MEDIUM DENSITY RESIDENTIAL AT 502 HARRINGTON STREET S.W., Applicant: Lonnie Brand, Edina Realt applicant Kevin Scott and Brenda Gunner, propert owners 1,Z4 *A_0 The applicant is re to rezone the lot at 502 Harrin, Street S. W. from C-1 to R-2 to allow the propert owner to use the propert for a two famil residence. The Comprehensive Plan g uides this propert as traditional nei residential. This lot is surrounded b R-2 and rezonin would not be considered "spot zoning". Rezone from C -1 to R -2 Planning Commission — 7 -20-10 502 Harrington St. SW Page 2 GENERAL INFORMATION Existing Zoning: C -1 (Neighborhood Convenience Commercial) Property Location: 502 Harrington Street S.W. Lot Size: 66'X 99' Existing Land Use: Residential Adjacent Land Use And Zoning: R -2 (Medium Density Residential) Comprehensive Plan: Traditional Residential Neighborhood Zoning History: The structure was remodeled in 1952 into a neighborhood grocery store (Westside Grocery) with residential living space above the store. Zoning regulations were not in place until 1962. At that time, the lot was zoned as Neighborhood Business District which also permitted a residential use. Applicable Regulations: Section 154.168, City Code Analysis and Recommendation: The Comprehensive Plan guides this property as Traditional Residential Neighborhood, which this use fits into. In addition, the surrounding area is also guided, as well as zoned for residential uses such as the proposed residential use. Staff discussed readdressing of the property to a 5' Ave. address to be more consistent and logical with the addressing in the area, and more importantly making it easier for emergency personnel to find the property if necessary. Staff recommends the address be changed to 702 - 5' Ave. SW. There are two units in the building, the upper unit should be unit 1 and the lower should be unit 2. City ordinance states the front yard is the narrowest portion of a lot and in this case the narrowest side of the lot faces 5' Ave. SW. Staff also recommends landscaping treatment be added to the Harrington Street side of the residence, which would help the property fit into the surrounding neighborhood better. There currently is a lot of concrete in this area that could be converted to green space. In considering this rezoning request, staff reviewed the proposed rezoning for consistency with the Comprehensive Plan and the purpose of the Zoning Ordinance. The purpose of the R -2 District is as follows: (A) Purpose. The R -2 medium density residential district allows single-family homes and complementary uses on land parcels that are smaller than those required in the R -1 district. Two-family buildings are also allowed. As noted above, the rezoning request is also consistent with the Comprehensive Plan. (' �' Rezone from C-I to R-2 Plannin Commission — 7-20-10 502 Harrin St. SW Pa 3 Staff recornmends approval of the rezonin with the followin findin and recommendations: 1, The address of the propert w i I I be chan to 702 5"' Ave. SW, in order to be consistent with nei proper-ties, as well as be easier to find for public safet reasons. 2. Landscapin treatments should be added to the Harrin St. side of the propert which will create more g reen space so the propert will fit the residential character of the nei better. 3. The rezonin consistent with the Comprehensive Plan, as well as the intent of the R-2 zonin district in the Zonin Ordinance. 4. The propert needs to meet the re of the R-2 zonin district. Cc: Lonnie Brand, Edina Realt 904 Hw 15 S Kevin Scott. 1637 Maho Ct. SW View of propert from Harrin Street facin northwest. � {� ° -. -€ .x ::rte • ,. dw • - OF •� ® .y � uu � � :. � p� y � inn - ., � _ 1 p � . uC y �� - � � • � .. . .- ups v 1 y N �, ti u '- ,m,� n it p x 4o 9 e • .. ... 2x v • .v e d' • r db '! 1p a. ti ,- IAA •_r Y€ ..nv a , �'o' C+- �� +^ RJR y_. �.._ _ _, '4�� u i a- �� b \ �,.. a , a- p." -� ° °F' - p y r � ° - �9 ��i � � �k $�` �p �a��n*r4� a �✓r>�. - , tl � � � � . � `� nc {� `4''" Sri• iF , i a = �v. F r lp • a -r. 7 k E SW 433 741 726 9 3 788 708 638 I 630 687 I 677 667 666 I 613 1 616 sTH AVE S 666 686 6a1 666 s1a 636 668 746 / 666 666 r 736 724 -1 667 r 768 729 717 706 667 643 734 R-2 667 679 666 631 JUULRDSW 728 716 706 746 � I 1 I 7 k E SW 433 741 726 9 3 788 708 638 I 630 687 I 677 667 666 I 613 1 616 sTH AVE S 666 686 6a1 666 s1a 636 668 746 / 666 666 r 736 724 -1 667 r 768 729 717 706 667 643 734 R-2 667 679 666 631 JUULRDSW �sar�.a�Cim+4*(C)w M® MADSON AVE SW o 1x6 �° &�a- 6a8 676 668 642 76a 749 738 718 718 7 w 664 630 r M M S O 768 746 736 728 709 M 07 665 631 878 643 �sar�.a�Cim+4*(C)w M® MADSON AVE SW o 1x6 �° &�a- ri TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Improvement Project Change Orders DATE: July 27, 2010 As construction has proceeded on the below listed projects there has been additional work, project scope revisions, or construction staging changes. All of these items have been identified and deemed necessary to satisfactorily complete the projects. The following Change Orders are proposed to address the specifically described items: • Change Order No. 5 — Letting No. I/Project No. 09 -01 — Energy Park Improvements Phase 1 This Change Order addresses the modification of the Hackbarth Street driveway at Warrior Manufacturing. The total cost of this work will be assessed to the benefitting property owner through the improvement petition/waiver process. This action results in an increase to the contract payment amount of$3,966.64. We recommend that the above Change Orders be approved. cc: Gary PloM City Administrator (_0(G) CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 3 111 HASSAN ST SE, HUTCHINSON MN 55350 (320) 234 -4209 heael CHANGE ORDER NO. 5 Dated: 06117!2010 C ct Mathiowetz Construction 30676 Co Rd 24 Sleepy Eye MN 56085 Phone: (507) 7946953 FAX: (507) 794 -3514 Letting No 1 Project No. 09-01 Project Location: Energy Park North EDA Grant or ID No. 06.01 -05404 C 0 o � w O C Construct driveway for Warrior Manufacturing at 1145 5th Ave SE as petitioned by owner. This action results in an increase of $3,966.64 to th contract payment amount. The funding of this work will be through city assessments to the property over a five (5) year period. Item No. Spec. Ref. Item Name I Unit I Quantityl Unit Price I Amount INCREASE ITEMS: 2 2104 REMOVE CURB AND GUTTER LF 64.00 $3.00 $192.00 3 2104 REMOVE BITUMINOUS PAVEMENT (FULL DEPTH) SY 98.00 $2.00 $196.00 4 2104 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LF 41.00 $4.00 $164.00 6 2105 COMMON EXCAVATION (EV) (P) (STREETS) CY 54.00 $1.89 $102.06 12 2112 SUBGRADE /BASE PREPARATION SY 123.00 $0.20 $24.60 13 2211 AGGREGATE BASE, CLASS 5 (CV) (P) CY 31.00 $17.10 $530.10 15 2360 TYPE SPWEA240B WEARING COURSE MIXTURE (2) DEPTH SY 98.00 $7.00 $686.00 16 2360 TYPE SPNWB230B NON - WEARING COURSE MIXTURE (2 1f2 ") DEPTH SY 98.00 $7.30 $715.40 19 2531 CONCRETE CURB AND GUTTER DESIGN 8618 LF 1 64.00 $9.50 $608.00 36 SIDEWALK REMOVAL 8 REPLACEMENT SY 14.50 $26.75 $387.88 10% PRIME CONTRACTOR ALLOWANCE 0.1000 $3,606.04 $360.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL INCREASE CHANGE ORDER NO.5 $3,966. NET INCREASE - -'--- ._- .- .-- --- -- ---- - -__ -_ 1 $3,966.64 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $3.966.64 (add) /(dedust). An extension of -0- days shall be allowed for completion. The original completion date of 0810112010 shall not be changed. ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONSIDEDUCTIONS THIS ADDITION/ TOTAL $1,805,921.10 $115,439.76 $3,966.64 $1,925,327.50 APPROVED: Contractor - Mathiowetz Construction DATED: APPROVED: City of Hutchinson - Mayor: Steven W Cook DATED: 07/2712010 A PPROVED: City of Hutchinson - City Engineer: Kent Exner DATED: APPROVED: Aty of Hutchinson - City Administrator: Gary D Plo DATED: 07127/2010 US DEPARTMENT OF COMMERCE - ECONOMIC DEVELOPMENT ADMINISTRATION APPROVED: IN I DATED: PRINTED NAME & TITLE: I M Pit (nL PETITION FOR LOCAL IMPROVEMENT (100% OF PROPERTY OWNERS) LETTING NO. 1 /PROJECT NO. 09-01 ASSESSMENT ROLL NO. SA-5095 Hutchinson, Minnesota Dated: 06/17/2010 TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: We, all owners of real property known and described as: 1145 5th Ave SE — County PID# 23.470.0010 — City PID# 05- 116 -29-07 -0020 — Lot 1, Block 1, Hutchinson Fifth Avenue Industrial Park, hereby petition for the following describe improvement: Driveway construction by grading, aggregate base, concrete curb and gutter, sidewalk, bituminous base, bituminous surfacing, and appurtenances, pursuant to Minnesota Statutes, Chapter 429, and that the City assess the entire cost of the improvement against our property described below, and we hereby agreed to pay the entire cost as apportioned by the City. This petition shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. OWNERS SIGNATURE 1) , A�'� - ukup ve Lake Capital Partners, LLC Examined, checked and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for. Gary D. Plotz, City Administrator (0 AGREEMENT OF ASSESSMENT, WAIVER OF HEARING AND WAIVER OF IRREGULARITY AND APPEAL LETTING NO. 1 /PROJECT NO. 0"I ASSESSMENT ROLL NO. SA -5085 This Agreement, is made this 17th day of June, 2010, between the City of Hutchinson, State of Minnesota, hereinafter referred to as the City and Silver Lake Capital Partners, a Minnesota Limited Liability Company, hereinafter referred to as Owner. In consideration of the action of the City Council, at the owners' request, to cause the following describe improvement: Driveway construction by grading, aggregate base, concrete curb and gutter, sidewalk, bituminous base, bituminous surfacing, and appurtenances, benefiting real property described as follows: 1145 5th Ave SE — County PID# 23.470.0010 — City PID# 05- 116 -29-07 -0020 — Lot 1, Block 1, Hutchinson Fifth Avenue Industrial Park, and to assess 100% of the cost of $3,966.64 to the Owner, Owner agrees to pay said percentage, as may be determined by the Council of the City to be a fair apportionment of the costs of said improvement estimated to be $3,966.64, plus interest, over a period five years. Owner further agrees that the estimated assessment may be exceeded if the increases are a result of requests made by the property owner or otherwise approved by the property owner in a subsequent written document. Owner expressly waives hearing and objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. In testimony, whereof, said Owner has hereunto set his hand, the day and year first above written. OWNERS SIGNATUR : IN PRESENCE OF: P ou up, Managing Partner Silt' r e Capital Partners, LL (, CC) RESOLUTION NO. 13764 RESOLUTION DECLARING ADEQUACY OF PETITION LETTING NO. 1 PROJECT NO. 09 -01 A certain petition requesting the improvement of: Hackbarth Street SE driveway construction trot 1, Block 1, Hutchinson Fifth avenue industrial Pads -County PiD# 23.470.0010 -City PiD#05- 116 -29 -c7-0020) by grading, aggregate base, concrete curb and gutter, sidewalk, bituminous base, bituminous surfacing, and appurtenances was filed with the council on July 27th, 2010, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: Said petition is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The proposed improvement be referred to the Kent Exner, Public Works Director /City Engineer for study and that person is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost - effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. Adopted by the Council this 27th day of July 2010. Mayor City Administrator ('OcGJ RESOLUTION NO. 13765 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5095 LETTING NO. 1 1PROJECT NO. 09 -01 WHEREAS, cost has been determined for the improvement of Hackbarth Street SE driveway construction (Lot 1, Block 1, Hutchinson Fifth Avenue industrial Park - County Pica 23.470.0010 -City PID#05- 116 -29 -07 -0020) by grading, aggregate base, concrete curb and gutter, sidewalk, bituminous base, bituminous surfacing, and appurtenances. The work will be performed by change order on Letting No. 1 11 No. 09 -01. The price for such improvement is $3,966.64 and the estimated expenses incurred or to be incurred in the making of such improvement in the amount of $0.00, the total estimated City share cost of the improvement is $3,966.64. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be an estimated amount of $0.00 and the portion of the cost to be assessed against benefited property owners is declared to be $3,966.64. 2. Assessments shall be payable in equal annual installments extending over a proposed period of five (5) years, the first of the installments to be payable on or before the first Monday in January, 2011 and shall bear interest at the rate of _ percent per annum from November 1, 2010. 3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof Adopted by the Council this 27th day of July 2010. Mayor Administrator C' (c) COMPILED BY: K EXNER ASSESSMENT ROLL NO. 5095 FW CII LETTING NO. 1/PROJECT NO. 09-01 - CHANGE ORDER NO.5 Hackbanh Sheet SE driveway construction (Lot 1, Block 1, Hutchinson Fifth Avenue Industrial Park- County PON 23.470.0010 — City PIDS 05- 116-29-07 -0020) by grading, aggregate base, concrete curb and gutter, sidewalk, bituminous base, bituminous surfacing, and appurtenances NUMBER OF YEARS: 9 COMPUTED BY: P VANDER VEEN INTEREST RATE: 4.50% CHECKED BY: K EXNER 1ST HEARING: Waived 2ND HEARING: Waived ADOPTED: 0712712010 G t z CITY PID NO. PROPERTY ADDRESS LEGAL DESCRIPTION ADDITION OR SUBDIVISION DdvewaY Construction T AMOUNT DEFER 5D ASSESSMENT �E ASSESSMENT COUNTY PID MO. 1 05 116 29 07 0020 1145 5th Ave SE Silver Lake Capital Partners Lot 1, Block 1, Hutchinson Fifth Avenue Industnal Park $3,966.64 $0.00 $0.00 $3,966.64 $Om 33,9" Attn: Paul Soukup, Warrior Mfg. 1145 5th Ave SE 23470 0010 Hutchinson MN 55350 TOTAL ASSESSMENT ROLL NO. 5095 $3.966.64 1 $0.00 $0.001 $3,966.64 som $3$66.64 RESOLUTION NO. 13766 RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5094 LETTING NO. 1 /PROJECT NO. 09-01 WHEREAS, by a resolution passed by the Council on the 27th day of July 2010, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving:_ Hackbarth Street SE driveway construction (Lot 1, Block 1, Hutchinson Fifth Avenue industrial Park -County PiD# 23.470.0010 - City PiD# 05 -11 s- 29- 07 -oo2o) by grading, aggregate base, concrete curb and gutter, sidewalk, bituminous base, bituminous surfacing, and appurtenances; WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The owners of the affected properties have waived hearing on said proposed assessment. 2. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2010; and he may, at any time thereafter, pay to the City Finance Department the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. Adopted by the Council this 27th day of July 2010. Mayor City Administrator Coto RESOLUTION NO. 13767 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5095 LETTING NO. 11PROJECT NO. 09-01 WHEREAS, pursuant to resolution and waiver of hearing the Council has met and reviewed the proposed assessment for improvement of: Hackbarth Street SE driveway construction (Lot 1, Block 1, Hutchinson Fifth Avenue Industrial Park -County PID# 23.470.0010 -City PID#05- 116- 29- 07 -002o) by grading, aggregate base, concrete curb and gutter, sidewalk, bituminous base, bituminous surfacing, and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January, 2011 and shall bear interest at the rate of percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2010, until the 31 st day of December 2011. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2010; and he may, at any time thereafter, pay to the City Finance Department the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 27th day of July 2010. Mayor City Administrator (,a (c) I 1 I Hassan Street Southeast Hutchinson, MN 55350 (320)587- 5151/F":(320) 234 -4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application Type ❑ Short Term Date(s) 0 &J, — J9/aB1/0i0 Fee: $30.00 MOnthlD /Year — Month/Day/Year Organization Information MCLCOiO 4dck5 (13i)zk5044.1.etirCO) Name Phone Number V FW Pc 9oL )Y7 is'Adc Sc liui4#1tiltoet AkN Ss�fo Address where regular meeting are held City State Zip Day and time of meetings? GJc " U�� %�� { 'Qrlt Is this organization organized under the laws of the State of Minnesota? IN yes ❑ no How long has the organization been in existence? SS How may members in the organization? What is the purpose of the organization? 12,4&' A.'W, Y FaK Ac',,k In whose custody will organization records be kept? �77y 1✓kLL14n - A' Name Phone Number 7¢1y 4-46 lt4 ST N< /4y Address City State zi 3]O' Jy-Gy6'/ Phone Number Residence Address City State zip Date of Birth: / 1 / / 1/0 Place of Birth: raL e'j Cow /1!4/ Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes INno If yes, explain: (' (G)� City of Hutchinson Application for Bingo Gambling Devices License Page 2 of 3 &1t11'4 #k -64 True Name Phone Number 796 G J.¢6 /t uT sTNc Hvr"Ntln'14 / 5 � Residence Address City State Zip Date of Birth: /' l 11 l /`/log Place of Birth: (flck-Ioc` /lily Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes ;rno If yes, explain: How long have you been a member of the organization? Game Information Location #1 /idi(N /NSaN El/Ck% Ccylidl� ��70 J�y'SIoS� Name of location where game will be played Phone Number /OD5 /}c✓Y lS 5 P142sl 15 &i NIV SS3SU Address of location where game will be played City State Zip Date(s) and /or day(s) gambling devices will be used: he through A A DD L Hours of the day gambling devices will be used: From ,5 To Maximum number of player: ; 5 Will prizes be paid in money or merchandise? money Xmerchandise Will refreshments be served during the time the gambling devices will be used? ayes ❑ no If yes, will a charge be made for such refreshments? Oyes ❑ no Game Information Location 42 Name of location where game will be played Phone Number Address of location where game will be played city State Zip Date(s) and /or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no /* 1 CS �` Name 70y 4)44 Hyi S% /VC" Residence Addre. SC2 c /"tt t/ ,/j = /N SGN Name ,"Al iMl&5o /ttN rr -?J'U City State Zip _ T2G fUr2G'�L Title 79y 5i tl/4J Jfvielfiys�v 1kH �5�3� Residence Address City State Zip ('(d) City of Hutchinson ,Ipplicationfor Bingo Gambling Devices License Page 3 of 3 n � Name - 71--0 j,4,tKd 5 Nc Title Tt� /iKS All City State zip or Name Title Residence Address City State zip Name Title Residence Address City State zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager ;;yes ❑ no L& i-K Authorized Officer Q`yes ❑ no /L Initial Initial I declare that the information l have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, l have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. Date manager of organization 7/P /n Date City Council ❑ approved ❑ denied Notes: COU) Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISIQN 444 Cedar Street Suite 222, St Paul MN 55101 -5133 (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282-6555 W W W.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER 5 N r tb + - 14SSr1 prPA 10 2_ 1 l STREET ADDRESS CITY STATE ZIP CODE c OTf e_kt -6n *r: - Sr�_ zAnj1) Its N 'z...') NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE . .. - (�{� - i7Z- �� X72 - 3 23 DATES LIQUOR WILL BE SOLD �$ / / J t TYPE OF ORGANIZATION - -, CLUB CHARITARI F RELIGIOUS ORGANIZATION OFFICER'S NAME AD S - � ORGANIZATION OFFICER'S NAME A t:I A: s L ORGANIZATION OFFICER'S NAME AD�EJS Location license will be used. If an outdoor area, describe f- = / l o i) u I z Will the ;ant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. / t h , e� Will a ll li icant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. o A([( -- CF A4)i"- A )ttkii C F19 4?__ toy cLae'.drJCJ," . br?O. DGt�) xSlS'(b , Cl .Jl A e"017, 1 "f4 !Bout APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY Y^ RSO✓� DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (12/09) (Az) Creekside Soils Creekside Organic Material Processing Facility 1500 Adams St. SE Cree�Side 0-587 - 6762[, 55350 -7011 320- 587- 6762/Fax 320-234-5649 To: Mayor and City Council From: Doug Johnson Date: 7/2112010 RE: Equipment This memo serves as a recommendation to approve the trade -in of Creekside's 2004 McCloskey 733 screener for a 2010 McCloskey 628 screener. We have a proposal that would upgrade our current machine for no cost to CreekSide. In 2004, Creekside purchased a McCloskey 733 screener for $308,000.00 solely for the purpose of debagging grass and leaves from plastic bags received from Minneapolis. Now that Creekside no longer accepts grass and leaves in black bags, there is no longer a need for such a big machine and the existing drum for debagging. As you will see in the attached purchase order from Carlson Equipment, they are allowing $321,975.00 for trade -in value that will go towards replacing the existing machine with a brand new McCloskey 628. The company preparing to buy Creekside's existing machine has a need for the larger machine and the debagging drum. The McCloskey 733 has roughly 3,000 hours of usage on it, whereas, the new machine will have zero hours and a greater useful life, helping to reduce maintenance costs over the long- term. The new machine is smaller and more portable than the current machine, but it still will provide what is needed from an operation standpoint. It will take shorter time to set up the machine which will increase our production time. We will be able to switch screens with a front end loader rather than hiring a crane company for $800.00 to come in and take the entire drum out of the machine. When transporting offsite, we will not need to get oversize permits and escorts, which we currently need for the McCloskey 733 screener. Staff is recommending council approve the trade -in of the 733 McCloskey for a 628 McCloskey. Thank you for consideration of this request. Sincerely, Doug Johnson CreekSide Manager Printed on recycled paper - �r-o RETAIL PURCHASE ORDER W%A -- 15125 S. Robert Trail, P.O. Box 69, Rosemount, MN 55068 Tel: 651423 -2222 Fax: 651. 4234551 800 - 6424441 3 ?634. 14375 James Road, Rogers, MN 55374 Tel: 763-028.5099 Fax: 763428 -SOSI t DATE • .-t: i r CUSTOMER NAME: �.,..Il `i' � L� <; ! \f� "� O � � ' y , OTY NEWNSED MODEL SERIAL NUMBER UNITX 2. EQUIPMENT MODIFIED OR ALTERED (GIVE ❑ DETAILS AND DATE ON REVERSE SIDE). 3. INSTRUCTION BOOKLET PROVIDED. ® ❑ DESCRIPTION AMOUNT S. CUSTOMER REFUSES ROLLBAR. ❑ ❑ I UNDERSTAND FULLY THE OPERATION OF THIS PIECE OF EQUIPMENT. 1 i 0 (i ° °p i !- ll j .n BILL OF SALE FOR PROPERTY TAKEN IN TRADE For value received Ave hereby bargain and sell, grant and deliver M DEALER named below TOTAL CASH PRICE? y { MAKE MODEL SERIAL NUMBER DESCRIPTK)N TRADE IN 3 7 '� T ALLOWANCE i ,; :7 " e TRADE ; E ' 4 - -tJ `� DIFFERENCE - f? .. 'A: < ♦ - .'Yr" i-' SALES TAX E TOTAL DUE ASH SUBMITTED E IANe hereby candy Mal Mere is nO lien, claim, debt mon once of king velure or tlescripaon gaga, or i Sam@ ITH ORDER againsl Mis r of record or otherwise. and that same le Tree and clear ono is nry/cur sole antl TOTAL absol M PmGe PrN� now 1 d clear ASH DUE E TRADE IN IN .. ALLOWANCE EHf N DELIVERY SIGN 1._ NANCED (IF ANY) PURCH NEWS HEOOEST TO PROVIDE FINANCING — The purchaser und that the above Retail Purchase Order is on I a cash price basis. The dealer will The how attempt to provide normal c q qualifications. THE PURCHASERS SIG'NATUREATTHE se mutual BOTTOM OF THIS PARAGRAPHAC ACKNOWLEDGES THAT THE PURCHASER HAS REQUESTED THE DEALER TO PROVIDE SUCH FINANCING. Purchaser's Sign X2 WARRANTY PROVISIONS UNDER ANY OF THE BELOW LISTED WARRANTIES IT IS STILL THE BUYER'S RESPONSIBILITY FOR ANY REPAIRS WHICH RESULT FROM ACCIDENTS, MISUSE OR NEGLIGENCE. ALL WARRANTY PROVISIONS ARE F.O.B. OUR PLACE OF BUSINESS. THERE IS NO WARRANTY GIVEN BY DEALER FORTIFIES, BATTERIES OR ACCESSORIES. ❑ SOLD USED AS IS. NO WARRANTY OF ANY KIND HAS BEEN GIVEN BY THE DEALER OR HIS AGENT. ❑ SOLD USED WITH 50-50 WARRANTY. THE DEALER HEREBY GUARANTEES THIS (THESE) MACHINES) CHECK FOR DAYS FROM DATE OF DELIVERY, WITH THE UNDERSTANDING THAT NECESSARY ONE REPAIRS MADE IN THAT PERIOD OF TIME WILL BE CHARGED HALF TO THE BUYER AND HALF TO THE DEALER OF THE TOTAL RETAIL COST y OF PARTS AND LABOR USED. DRIVE RAIN ONLY - ENGINE, TRANS., B REAR END.T, .Jl4 r `/'TL,. r_I 'fl SOLD NEW WITH THE MANUFACTURER'S STANDARD WARRANTY. I ❑ TO BE IN GOOD WORKING ORDER ON DELIVERY. x % CUSTOMER SIGNATURE DATE Purchaser has read all of the provisions on both the face and reverse side of this RETAIL PURCHASE ORDER, including the reference to warranty , as printed, concerning Tractors, Equipment, Consumer Products, and specifically the dealer disclaimer of warranty on new units which appears on the reverse. Purchaser agrees that all such provisions are part of this Order and that this order supersedes arty prior agreement and is the complete and exclusive agreement on the subject matters covered by the Order. Purchaser's signature hereto acknowledges that he has received and read a copy of the applicable warranty. THIS ORDER IS VALID ONLY WHEN SIGNED AND ACCEPTED BY THE DEALER PRINCIPAL. IN THE CASE OF A TIME SALE, THE DEALER SHALL NOT BE OBLIGATED TO SELL UNTIL A FINANCE SOURCE AGREES TO PURCHASE A RETAIL INSTALLMENT CONTRACT BETWEEN THE PURCHASER AND THE DEALER BASED ON THIS ORDER. Purchaser certifies he is of majority age and has received a true copy of this Order. PURCHASER I HAVE READ AND UNDERSTAND THE TERMS SIGNATURE i OF THE MANUFACTURER'S WARRANTY. DATE ! 'i :r ❑YES ❑NO SALESMAN t� I � " U A NAR `_� ACCEPTED BY: WHITE: DEALER COPY CANARY: CUSTOMER C P PINK: SALESMAN COPY IDEALER'3 SIGNATURE) EQUIPMENT SAFETY CHECK YES NO 1. ALL GUARDS IN PLACE AND POINTS OF "�1 ❑ DANGER PROTECTED. 2. EQUIPMENT MODIFIED OR ALTERED (GIVE ❑ DETAILS AND DATE ON REVERSE SIDE). 3. INSTRUCTION BOOKLET PROVIDED. ® ❑ 4. OPERATING INSTRUCTIONS GIVEN. •0 ❑ S. CUSTOMER REFUSES ROLLBAR. ❑ ❑ I UNDERSTAND FULLY THE OPERATION OF THIS PIECE OF EQUIPMENT. Memorandum TO: Mayor and City Council FROM: Brenda K. Ewin &man Resources Director RE: Proposed Amendments to the City of Hutchinson Employee Handbook — Personnel Policy Date: July 22, 2010 The 2010 Minnesota Legislative Session resulted in two law changes that require amendments to the City of Hutchinson Employee Handbook — Personnel Policy. Specifically, Section 5 — Appointments, and Section 24 — Elections/Voting require amendments. On March 30, 2010, Governor Pawlenty signed into law amended language to Minnesota Statutes 2008, section 412.02, regarding city council members and city employment. The amended language specifically prohibits the mayor or any city council member being employed by the city in full -time permanent employment as defined by the city's employment policy. In a letter dated May 28, 2010, Secretary of State, Mark Ritchie, advised all Minnesota employers of the amendment to Minnesota Statutes 204C.04. The amendment requires employers to allow employees time off, with pay, at any time during the workday when the polls are open to vote in certain regularly scheduled primary and general elections. The previous language allowed the time off for voting, but only during the morning of the election. Both amendments to the Statutes, as noted above, require amendments to the City Personnel Policy. Attached is Resolution No. 13769 that includes the specific languages for your consideration and approval. I will be at the July 27, 2010, Council meeting if you have any questions. Encl. cp� RESOLUTION NO. 13769 A RESOLUTION AMENDING RESOLUTION NO. 13133 THE CITY OF HUTCHINSON EMPLOYEE HANDBOOK — PERSONNEL POLICY DATED FEBRUARY 27, 2007 THE HUTCHINSON CITY COUNCIL HERBY AMENDS SECTIONS 5 AND 24 OF THE PERSONNEL POLICY TO REFLECT NECESSARY CHANGES: SECTION 5 APPOINTMENTS Every appointment to municipal service shall be made by the appointing authority on the basis of merit and fitness for the position. When required by law or by the City Administrator, merit and fitness shall be ascertained by written, oral, or other examinations designed to evaluate the ability of the candidate to discharge the position for which the examination is held. No member of a department head's immediate family shall be appointed as a subordinate employee within that department. Effective n no case shall an immediate relative of an incumbent seuasilaaan council membei be appointed to the municipal service. SECTION 24 ELECTIONS / VOTING An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off without pay for purposes of serving as an election judge, provided that the employee gives the City at least ten (10) days written notice. All employees eligible to vote at a State geneFal e a! an elertion to fill a VaGaRGY-Riff al"AWNP-d- tiFne 0- #-- w pay to vote dUdAg the FnOFA of eleGtien day. Every employee who is eligible to vote in an election has the right to be absent from work for the time necessary to appear at the employee's polling place, cast a ballot and return to work on the day of that election, without penalty or deduction from salary or wages because of the absence. For purposes of this section. "election" means a regularly scheduled state primary or general election. an election to fill a vacancy In the office of United States senator or United States representative: or an election to fill a vacancy in the office of state senator or state representative, Employees wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues. Adopted by the City Council this day of , 2010. Steven W. Cook, Mayor ATTEST: Gary D. Plotz, City Administrator c,Ch� I LAWS of MINNESOTA for 2010 Ch. 206 CHAPTER 206— H.F.No. 3350 An act relating to local government; prohibiting city employees from serving on the city council or as mayor, amending Minnesota Statutes 2008, section 412.02, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 410. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Presented to the governor March 29, 2010 Signed by the governor March 30, 2010, 10:39 a.m. Copyright 0 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. W M Section I. 1410.1911 CITY COUNCIL MEMBERS; CITY EMPLOYMENT. Sec. 2, Minnesota Statutes 2008, section 412.02, is amended by adding a subdivision to read: STATE OF MINNESOTA Office of Minnesota Secretary of State Mark Ritchie May 28, 2010 Memorandum To: All Minnesota Employers Re: Time off for Employees to Vote on Election Day The Office of the Minnesota Secretary of State would like to take this opportunity to remind employers that employees are allowed time off to vote in upcoming elections. Minnesota Statutes 204C.04 allows employees to take time off for the time necessary to vote in a state election without a reduction in pay. 204C.04 EMPLOYEES; TIME OFF TO VOTE. Subd. 1. Right to be absent. Every employee who is eligible to vote in an election has the right to be absent from work for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of that election, without penalty or deduction from salary or wages because of the absence. An employer or other person may not directly or indirectly refuse, abridge, or interfere with this right or any other election right of an employee. Subd. 2. Elections covered. For purposes of this section, "election" means a regularly scheduled state primary or general election, an election to fill a vacancy in the office of United State senator or United States representative, or an election to fill a vacancy in the office of state senator or state representative. Subd. 3. Penalty. A person who violates this section is guilty of a misdemeanor, and the county attorney shall prosecute the violation. The dates for the Primary and General Election this year are as follows: August 10, 2010— Primary November 2, 2010 — General Election Encouraging employees to vote is an excellent way to promote civic engagement and support our democracy. I thank you in advance for helping to make sure that every eligible Minnesotan wishing to vote is able to cast a ballot. Sincerely, V r MARK RITCHIE Secretary of State 180 State Office Building I Elections Division 1 100 Rev. Dr. Martin Luther King, Jr. Blvd. Saint Paul, MN 55155 1- 877 -600 -VOTE (8683) or 651- 215 -1440 1 Fax: 651- 296 -9073 MN Relay Service: 711 E -mail: elections.deptLdstate.mn.us Web site: w .sosstate.mn.us \ L, (V CITY OF HUTCHINSON R55CKREG LOG22001V0 7/27/2010 Council Check Register Check # Ck Date Amount Vendor/ Explanation Account Description 161071 7/27/2010 446.00 AARP PROFESSIONAL SERVICES 161072 7/27/2010 338.97 ACE HARDWARE REPAIR & MAINTENANCE SUPPLIES 161073 7/27/2010 634.00 ACTION ACCENTS OPERATING SUPPLIES 161074 7/27/2010 45.59 ALLTEL COMMUNICATIONS 161075 7/27/2010 53.44 ALPHA WIRELESS COMMUNICATIONS 161076 7/27/2010 264.64 AMERICAN MESSAGING COMMUNICATIONS 161077 7/27/2010 420.00 AMERICAN PLANNING ASSN DUES & SUBSCRIPTIONS 161078 7/27/2010 20.00 1AMERICAN PUBLIC WORKS ASSN DUES & SUBSCRIPTIONS 161079 7/27/2010 7.80 AMERICAN WELDING / WILLMAR FIR CENTRAL GARAGE REPAIR 161080 7/27/2010 8,048.33 ANDERSON CHEMICAL COMPANY CHEMICALS & PRODUCTS 161081 7/27/2010 79.42 ARAMARK UNIFORM SERVICE CLEANING SUPPLIES 161082 7/27/2010 1,436.66 ARCTIC GLACIER PREMIUM ICE INC COST OF SALES -MISC 161083 7/27/2010 7,035.00 ARTHUR J GALLAGHER RISK GENL LIAB.- INSURANCE 161084 7/27/2010 1,930.91 BACHMAN'S OPERATING SUPPLIES 161085 7/27/2010 130.77 BERGER PLUMBING HEATING AC CONTRACT REPAIR & MAINTENANCE 161086 7/27/2010 374.32 BERNICK'S COST OF SALES -MISC 161087 7/27/2010 14,725.00 BLUE VALLEY SOD RECEIVED NOT VOUCHERED 161088 7/27/2010 8.17 BRANDON TIRE CO CENTRAL GARAGE REPAIR 161089 7/27/2010 4,889.46 BRYAN STREICH TRUCKING FREIGHT - IN 161090 7/27/2010 49.56 BUFFALO CREEK ENTERPRISES COST OF SALES -MISC 161091 7/27/2010 1,455.52 BUSINESSWARE SOLUTIONS CONTRACT REPAIR & MAINTENANCE 161092 7/27/2010 27,555.20 C & L DISTRIBUTING COST OF SALES -BEER 161093 7/27/2010 59.97 CARR FLOWERS MISCELLANEOUS 161094 7/27/2010 374.00 CARRIGAN, CORY OTHER CONTRACTUAL 161095 7/27/2010 20.00 CARSWELL, YOON HEE RECREATION ACTIVITY FEES 161096 7/27/2010 598.24 CENTRAL HYDRAULICS RECEIVED NOT VOUCHERED 161097 7/27/2010 3,679.94 CENTRAL MCGOWAN REPAIR & MAINTENANCE SUPPLIES 161098 7/27/2010 451.31 CLAREY'S SAFETY EQUIP INC OPERATING SUPPLIES 161099 7/27/2010 351 .44 COMDATA CORPORATION FOOD PRODUCTS- CONCESSION v r\ \f 161100 7/27/2010 866.02 CORPORATE MECHANICAL PROFESSIONAL SERVICES 161101 7/27/2010 25.38 CREEKSIDE SOILS LANDSCAPE MATERIALS 161102 7/27/2010 65.85 CROW RIVER AUTO & TRUCK REPAIR CENTRAL GARAGE REPAIR 161103 7/27/2010 245.13 CROW RIVER PRESS INC PRINTING & PUBLISHING 161104 7/27/2010 500.01 CROW RIVER VET HOSPITAL PA OTHER CONTRACTUAL 161105 7/27/2010 38.48 CULLIGAN -METRO RENTALS 161106 7/27/2010 1,652.30 CURTIS 1000 INC - MN PRINTING & PUBLISHING 161107 7/27/2010 68.00 DAAK REFRIGERATION CONTRACT REPAIR & MAINTENANCE 161108 7/27/2010 8,634.45 DAY DISTRIBUTING COST OF SALES -BEER 161109 7/27/2010 31.10 DROP -N -GO SHIPPING, INC RECEIVED NOT VOUCHERED 161110 7/27/2010 277.20 E2 ELECTRICAL SERVICES INC PROFESSIONAL SERVICES 161111 7/27/2010 181.68 ECOLAB PEST ELIM RECEIVED NOT VOUCHERED 161112 7/27/2010 70.00 EDAM TRAVEL SCHOOL CONFERENCE 161113 7/27/2010 100.00 EHLERS & ASSOCIATES INC PAYING AGENT FEES 161114 7/27/2010 5,000.00 ELDER, JULIE LOAN 161115 7/27/2010 534.09 ELECTRO WATCHMAN OTHER CONTRACTUAL 161116 7/27/2010 40.00 ELLEFSON, LISA RECREATION ACTIVITY FEES 161117 7/27/2010 1,121.07 EMERGENCY APPARATUS MAINT CONTRACT REPAIR & MAINTENANCE 161118 7/27/2010 140.69 EPIC PRODUCTS INC COST OF SALES -MISC 161119 7/27/2010 119.99 EWING, PETER UNIFORMS & PERSONAL EQUIP 161120 7/27/2010 224.00 EXTREME BEVERAGE LLC COST OF SALES -MISC 161121 7/27/2010 940.59 FARM -RITE EQUIPMENT CENTRAL GARAGE REPAIR 161122 7/27/2010 220.00 FARMER BROTHERS COFFEE OFFICE SUPPLIES 161123 7/27/2010 509.54 FASTENALCOMPANY CENTRAL GARAGE REPAIR 161124 7/27/20101 140.40 FIELDSTONE VINEYARDS COST OF SALES -WINE 161125 7/27/2010 465.00 FIRE SAFETY USA, INC SMALL TOOLS 161126 7/27/2010 25.84 G & K SERVICES OPERATING SUPPLIES 161127 7127/2010 3,200.00 GAVIN, OLSON & WINTERS, LTD PROFESSIONAL SERVICES 161128 7/27/2010 321.30 GEB ELECTRICAL INC CONTRACT REPAIR & MAINTENANCE 161129 7/27/2010 7,150.00 GIRLS SOFTBALL ASSN RECREATION ACTIVITY FEES 161130 7/27/2010 125.64 GLACIAL RIDGE WINERY COST OF SALES -WINE 161131 7/27/2010 18.99 GLENCOE AUTO PARTS INC EQUIPMENT PARTS 161132 7/27/2010 281.501 IGRAND PERE WINES INC ]COST SALES -WINE 161133 7/27/2010 197.721 IGRANIT BRONZ JIMPROV OTHER THAN BLDGS O 161134 7/27/2010 3,055.75 GRUFRUFF DESIGN OPERATING SUPPLIES 161135 7/27/2010 264.00 GUNDERSON, MICHAEL OTHER CONTRACTUAL 161136 7/27/2010 52.60 GURSTEL, STALOCK & CHARGO PA ACCURED GARISHMENTS 161137 7/27/2010 39.01 HAGER JEWELRY INC. MISCELLANEOUS 161138 7/27/2010 1,345.50 HANSEN DIST OF SLEEPY EYE COST OF SALES -BEER 161139 7/27/2010 4,850.60 HANSEN GRAVEL LANDSCAPE MATERIALS 161140 7/27/2010 69.26 HANSEN TRUCK SERVICE RECEIVED NOT VOUCHERED 161141 7/27/2010 7,605.75 HANSON & VASEK CONSTRUCTION CONTRACT REPAIR & MAINTENANCE 161142 7/27/2010 166.15 HD SUPPLY WATERWORKS LTD METERS & METER PARTS 161143 7/27/2010 121,278.22 HEALTH PARTNERS EMPL.HEALTH & INS. BENEFIT 161144 7/27/2010 1,09176 HIGHWAY TECHNOLOGIES SIGNS& STRIPPING MATERIALS 161145 7/27/2010 308.69 HILLYARD / HUTCHINSON CLEANING SUPPLIES 161146 7/27/2010 34.00 HUSSKE, AMY RECREATION ACTIVITY FEES 161147 7/27/2010 84.97 HUTCH CAFE OPERATING SUPPLIES 161148 7/27/2010 889.58 HUTCHINSON AREA HEALTH CARE REFUNDS & REIMBURSEMENTS 161149 7/27/2010 2,144.00 HUTCHINSON AREA HEALTH CARE COMMON AREA MAINTENANCE 161150 7/27/2010 8,499.53 HUTCHINSON CO -OP MOTOR FUELS & LUBRICANTS 161151 7/27/2010 1,266.77 HUTCHINSON CO -OP AGRONOMY CHEMICALS & PRODUCTS 161152 7/27/2010 508.88 HUTCHINSON EVENT CENTER OPERATING SUPPLIES 161153 7/27/2010 1,020.00 HUTCHINSON FIGURE SKATING AS5O OTHER CONTRACTUAL 161154 7/27/2010 4,302.50 HUTCHINSON JUNIOR LEAGUE BASEB RECREATION ACTIVITY FEES 161155 7/27/2010 213.75 HUTCHINSON SENIOR ADVISORY BOA OPERATING SUPPLIES 161156 7/27/2010 142.73 HUTCHINSON WHOLESALE REPAIR & MAINTENANCE SUPPLIES 161157 7/27/2010 216.39 HUTCHINSON, CITY OF UTILITIES 161158 7/27/2010 288.05 IN SEASON MECHANICAL CONTRACT REPAIR & MAINTENANCE 161159 7/27/2010 9.17 INDEPENDENT EMERGENCY SERVICES COMMUNICATIONS 161160 7/27/2010 45.90 INDIANHEAD SPECIALTY CO OPERATING SUPPLIES 161161 7/27/2010 227.48 INTERSTATE BATTERY SYSTEM MINN EQUIPMENT PARTS 161162 7/27/2010 83.28 IOWA DEPT OF AGRICULTURE DUES & SUBSCRIPTIONS 161163 7/27/2010 30.49 JAY MALONE MOTORS CENTRAL GARAGE REPAIR 161164 7/27/2010 24,142.70 JEFF MEEHAN SALES INC. ACCURED COMMISSIONS PAYABLE 161165 7/27/2010 243.70 JJ TAYLOR DIST OF MN COST OF SALES -BEER 161166 7/27/2010 307.801 IJOES SPORT SHOP OPERATING SUPPLIES 161167 7/27/2010 17,073.56 JOHNSON BROTHERS LIQUOR CO. COST OF SALES - LIQUOR r� 161168 7/27/2010 154.63 KLOSS, TOM COMMUNICATIONS 161169 7/27/2010 228.29 KNIFE RIVER CONTRACT REPAIR & MAINTENANCE 161170 7/27/2010 1,233.75 KOHLS SWEEPING SERVICE RECEIVED NOT VOUCHERED 161171 7/27/2010 149.00 KOSEK, ANDREW TRAVEL SCHOOL CONFERENCE 161172 7/27/2010 109.01 L & P SUPPLY CO CENTRAL GARAGE REPAIR 161173 7/27/2010 32.00 LADWIG, ANGELA RECREATION ACTIVITY FEES 161174 7/27/2010 363.77 LANG'S OLD FASHIONED MEAT MARK MISCELLANEOUS 161175 7/27/2010 134.00 LEXISNEXIS OTHER CONTRACTUAL 161176 7/27/2010 852.68 LIFE INSURANCE COMPANY OF AMER EMPL.HEALTH & INS. BENEFIT 161177 7/27/2010 7,503.00 LITIN PAPER COMPANY RECEIVED NOT VOUCHERED 161178 7/27/2010 173.95 LOCATORS & SUPPLIES SMALL TOOLS 161179 7/27/2010 13,459.00 LOCHER BROTHERS INC COST OF SALES -BEER 161180 7/27/2010 23,703.80 LOGS DATA PROC EQUIPMENT RENTAL 161181 7/27/2010 2,78935 LYNDE & MCLEOD INC RECEIVED NOT VOUCHERED 161182 7/27/2010 60.00 MARKGRAF, JENNIFER RECREATION ACTIVITY FEES 161183 7/27/2010 16.00 MAYLAND, AMANDA OTHER REVENUES 161184 7/27/2010 730.76 MAYTAG LAUNDRY & CAR WASH PROFESSIONAL SERVICES 161185 7/27/2010 154.12 MCLEOD COOP POWER ASSN UTILITIES 161186 7/27/2010 100.00 MECA TRAVEL SCHOOL CONFERENCE 161187 7/27/2010 5,743.58 MEEKER WASHED SAND & GRAVEL RECEIVED NOT VOUCHERED 161188 7/27/2010 723.77 MENARDS HUTCHINSON RECEIVED NOT VOUCHERED 161189 7/27/2010 3,638.25 MESERB PROFESSIONAL SERVICES 161190 7/27/2010 397.24 MEYER LABORATORY, INC CLEANING SUPPLIES 161191 7/27/2010 699.60 MILLNER HERITAGE VINEYARD & WI COST OF SALES -WINE 161192 7/27/2010 241.56 MINI RIFF RENTALS 161193 7/27/2010 74.00 MINNEAPOLIS, CITY OF OTHER CONTRACTUAL 161194 7/2712010 60.00 MINNESOTA GFOA DUES & SUBSCRIPTIONS 161195 7/27/2010 2,350.00 MINNESOTA MUNICIPAL BEVERAGE A DUES & SUBSCRIPTIONS 161196 7/27/2010 56.45 MINNESOTA SHREDDING CONTRACT REPAIR & MAINTENANCE 161197 7/27/2010 555.00 MINNESOTA SPORTS FEDERATION OPERATING SUPPLIES 161198 7/27/2010 3,565.001 IMINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 161199 7/27/2010 100.00 MOHS DRYWALL REPAIR & MAINTENANCE SUPPLIES 161200 7/27/2010 228.52 NORTH CENTRAL LABORATORIES OPERATING SUPPLIES 161201 7/27/2010 82.241 1 NORTHERN BUSINESS PRODUCTS OFFICE SUPPLIES 161202 7/27/2010 1,203.00 NORTHERN SAFETY TECHNOLOGY CENTRAL GARAGE REPAIR 161203 7/27/2010 93.14 NORTHERN STATES SUPPLY INC EQUIPMENT PARTS 161204 7/27/2010 339.96 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR 161205 7/27/2010 37.00 OFFICE OF ENTERPRISE TECHNOLOG TELEPROCESSING EQUIP 161206 7/27/2010 7,468.66 PAUSTIS & SONS WINE CO COST OF SALES -WINE 161207 7/27/2010 222,076.40 PEARSON BROS, INC IMPROV OTHER THAN BLDGS 161208 7/27/2010 2,362.24 PELLINEN LAND SURVEYING PROFESSIONAL SERVICES 161209 7/27/2010 18,993.32 PHILLIPS WINE & SPIRITS COST OF SALES- LIQUOR 161210 7127/2010 103.99 PRO -BUILD OPERATING SUPPLIES 161211 7/27/2010 5,369.00 PROFESSIONAL WATER TECHNOLOGIE CHEMICALS & PRODUCTS 161212 7/27/2010 823 -05 PUBLIC EMPLOYEES PERA - COORDINATED 161213 7/2712010 53.43 QUADE ELECTRIC REPAIR & MAINTENANCE SUPPLIES 161214 7/27/2010 1,638.00 QUALITY FLOW SYSTEMS OPERATING SUPPLIES 161215 7/27/2010 8,317.06 QUALITY WINE & SPIRITS CO. COST OF SALES- LIQUOR 161216 7/27/2010 308.72 RBSCOTT EQUIPMENT RECEIVED NOT VOUCHERED 161217 7/27/2010 2,859.25 ROD EQUIPMENT CO. 161218 7/27/2010 49.61 RECREONICS CHEMICALS & PRODUCTS 161219 7/27/2010 900.00 REINER ENTERPRISES, INC FREIGHT - IN 161220 7/27/2010 25.00 SAGE PUBLICATIONS DUES & SUBSCRIPTIONS 161221 7/27/2010 2,143.32 SAM'S CLUB FOOD PRODUCTS- CONCESSION 161222 7/27/2010 1,320.81 SCHMELING OIL CO RECEIVED NOT VOUCHERED 161223 7/27/2010 171.20 SCOTT'S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 161224 7/27/2010 8,280.59 SEH PROFESSIONAL SERVICES 161225 7/27/2010 381.12 SORENSEN'S SALES & RENTALS RECEIVED NOT VOUCHERED 161226 7/27/2010 167.00 SIPS COMMERCE 161227 7/27/2010 549.33 STAPLES ADVANTAGE CLEANING SUPPLIES 161228 7/27/2010 2,100.00 STEILE CONSTRUCTION CONTRACT REPAIR & MAINTENANCE 161229 7/27/2010 447.80 TESSMAN SEED CO OPERATING SUPPLIES 161230 7/27/2010 1,707.55 THE HARTFORD EMPL.HEALTH & INS. BENEFIT 161231 7/27/2010 77.01 TOWN &COUNTRY TIRE CENTRAL GARAGE REPAIR 161232 7/27/2010 197.85 TRI COUNTY WATER OPERATING SUPPLIES 161233 7/27/2010 2,200.00 TRICK & SHEER CONSTRUCTION BUILDING REPAIRS 161234 7/27/2010 3,848.00 TWIN CITY PALLETS INC. RECEIVED NOT VOUCHERED 161235 7/27/2010 4,328.44 U.S. WATER SERVICES CHEMICALS & PRODUCTS 161236 7/27/2010 165.00 UNIQUE TOOL INC RECEIVED NOT VOUCHERED 161237 7/27/2010 13.15 VALLEY NATIONAL GASES LLC REPAIR & MAINTENANCE SUPPLIES 161238 7/27/2010 19,180.60 VIKING BEER COST OF SALES -BEER 161239 7/27/2010 1,045.50 VIKING COCA COLA COST OF SALES -MISC 161240 7/27/2010 994.35 VINOCOPIA INC COST OF SALES - LIQUOR 161241 7/27/2010 306.00 VOELZ, JOEL OTHER CONTRACTUAL 161242 7/27/2010 504.62 WASTE MANAGEMENT OF WI -MN REFUSE - RECYCLING 161243 7/27/2010 10,757.10 WASTE MANAGEMENT OF WI -MN REFUSE - LANDFILL CHARGES 161244 7/27/2010 60.00 WELCOME NEIGHBOR ADVERTISING 161245 7/27/2010 31.00 WINE MERCHANTS INC COST OF SALES -WINE 161246 7/27/2010 11,391.25 WIRTZ BEVERAGE MINNESOTA COST OF SALES- LIQUOR 161247 7/27/2010 188.63 WM MUELLER & SONS STREET MAINT.MATERIALS 161248 7/27/2010 187.56 WM MUELLER & SONS STREET MAINT.MATERIALS 161249 7/27/2010 349.93 WM MUELLER & SONS STREET MAINT.MATERIALS 161250 7/27/2010 563.22 WM MUELLER & SONS STREET MAINT.MATERIALS 161251 7/27/2010 2,076.01 WOODLINE SAWMILLS, INC. RECEIVED NOT VOUCHERED 161252 7/27/2010 4,421.25 WORK CONNECTION, THE OTHER CONTRACTUAL 161253 7/27/2010 379.96 ZEP MANUFACTURING CO EQUIPMENT PARTS 161254 7/27/2010 133.01 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 161255 7/27/2010 500.79 H.A.R.T. ACCRUED DEFERRED COMP 161256 7/27/2010 61.77 LIFE INSURANCE COMPANY OF AMER ACCRUED LIFE INSURANCE 735,634.41 Grand Total Payment Instrument Totals Check Total 735,634.41 Total Payment 735,634.41 1 �1 SALES TAX & USE TAX PAID JULY WATER, REFUSE AND CREEK SIDE $11,818.00 CIVIC ARENA $2,223.00 ('(7k) MEMO - WIRE TRANSFERS & ACCOUNT INFORMATION 07/19/10 TO: CITY STAFF & BANK OFFICIALS FROM: JEREMY CARTER. FINANCE DIRECTOR SUBJECT: AUGUST WIRE TRANSFER The following funds need to be wired - INTEREST payments on 07130110 Bremer Bank, N.A., St Paul, MN ABA # 096010415 BNF Bond Trust Services Corp Account# 6685514 References: 31791, 31792, 31790, 33260, 34316, 34317, 35132, 35133, 35449 2006A GO Improvement Bonds 2006B Wastewater Bond 2006C Water Revenue Bonds 2007A Improvement Bonds 2008A Improvement Bonds 2008B GO Stormwater Revenue Bonds 2009A GO Sewer Revenue Refunding Bonds 20098 GO Water Revenue Refunding Bonds 2009D GO Improvement Bonds TOTALINTEREST TOTAL Bremer Wires 52, 305.00 36,576.88 36,100.00 6,192.50 39, 968.75 26,432.50 38, 596.25 36,548.75 31,981.25 304,701.88 $ 304,701.88 ('0 C(.) MEMO - WIRE TRANSFERS & ACCOUNT INFORMATION 07/19/10 TO: CITY STAFF & BANK OFFICIALS FROM: JEREMY CARTER, FINANCE DIRECTOR SUBJECT: AUGUST WIRE TRANSFER The following funds need to be wired - INTEREST payments on 07/30/10 BBK: U.S. Bank, N.A. (091000022) BNF: U.S. Bank Trust N.A. AC: 180120521620 OBI: TFM References: 000015350550 1998 G O Taxable Medical Facilities Bonds interest 56,731.25 56,731.25 The following funds need to be wired - INTEREST payments on 07/30/10 BBK: U.S. Bank, N.A. (091000022) BNF: U.S. Bank Trust N.A. AC: 180120521620 OBI: TFM References: 000015077450 1998B G O Medical Facilties Revenue Bonds interest 24,937.50 24,937.50 TOTAL U.S. Wires $ 81,668.75 (' 0 MEMO - WIRE TRANSFERS & ACCOUNT INFORMATION 07/19/10 TO: CITY STAFF & BANK OFFICIALS FROM: JEREMY CARTER, FINANCE DIRECTOR SUBJECT: AUGUST WIRE TRANSFER The following funds (interest payments) need to be wired on 08/20/10 MN Public Facilities Authority U.S. Bank, 101 5th St. E #2, St. Paul, MN 55101 ABA# 091000022, Acct Name: B24 Minnesota Public Facilities Authority Acct # 180120013305 INTEREST Drinking Water Revolving Fund Loan (PFA 2005) 38,334.19 Drinking Water Revolving Fund Loan (PFA 2006) 143,030.75 Clean Water Revolving Fund Loan (PFA 2007) 143,200.77 TOTAL INTEREST $ 324,565.71 The following funds (principal payments) need to be wired on 08/20/10 Drinking Water Revolving Fund Loan (PFA 2006) Clean Water Revolving Fund Loan (PFA 2007) TOTAL PRINCIPAL TOTAL WIRE AMT PRINCIPAL 556,000.00 657,001.97 $ 1,213,001.97 $ 1,537,567.68 PAYROLL DATE: 07/1612010 Period Ending Date: 07/10/2010 FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT ACCT# $24,369.99 9995.2034 $14,920.32 9995.2240 $4,252.16 9995.2242 NAME DESCRIPTION WITH. TAX Employee Contribution - Federal Tax ACCOUNT Employee Contribution - Soc. Security Employee Contribution - Medicare $43,542.47 Sub -Total - Employee Contribution $14,920.32 9995.2240 Employer Contribution - Social Security $4,252.16 9995.2242 Employer Contribution - Medicare $19,172.48 Sub -Total - Employer Contribution $62,714.95 Grand Total - Withholding Tax Account $12,040.12 9995.2035 MN DEPT OF REVENUE $16,968.04 9995.2241 PERA Employee Contribution - Pension Plan $21,518.42 9995.2241 Employer Contribution - Pension Plan $38,486.46 Sub -Total - PERA $26.01 9995.2243 PERA -DCP Employee Contribution - Pension Plan $26.01 9995.2241 Employer Contribution - Pension Plan $52.02 Sub - Total - DCP $38,538.48 GRAND TOTAL - PERA Finance Director Approval Per Journal Entries Difference Rice $ 29,840.64 Medicare $ 8,504.32 Withholding $ 24,369.99 Total $ 62,714.95 $0.00 State Tax $ 12,040.12 $0.00 Para $ 38,512.47 DCP $ 26.01 Total $ 38,538.48 $0.00 SALES TAX & USE TAX PAID JULY WATER, REFUSE AND CREEK SIDE $11,818.00 CIVIC ARENA $2,223.00 MEMO - WIRE TRANSFERS & ACCOUNT INFORMATION 07/22/10 TO: CITY STAFF & BANK OFFICIALS FROM: JEREMY CARTER. FINANCE DIRECTOR SUBJECT: AUGUST WIRE TRANSFER The following funds (interest payments) need to be wired on 08/02/10 Chase NYC ABA # 021- 000 -021 to credit the account of Cede & Co. c/o THE DEPOSITORY TRUST COMPANY for Dividend Deposit Account # 066 - 026776 for 8/2 City of Hutchinson, MN OBI FIELD - PA 50317951 INTEREST 2002D Med Fac Rev Bonds 151,356.25 2003A Med Fac Rev Bonds 9,446.25 1995B General Obligation HATS 4,132.50 1999 Improvement Bonds - 13,750.00 2000C Improvement Bonds 8,520.00 2001 Improvement Bonds 11,175.00 2002A Improvement Bonds 14,323.75 2003C Improvement Bonds 14,156.25 2004A Improvement Bonds 50,818.75 2004C Tax Increment Refunding Bonds 5,500.00 2005A Improvement Bonds 36,750.00 2005B Water Bonds 2,807.50 2005B Wastewater Bonds 28,600.00 TOTAL INTEREST $ 35 Memorandum TO: Mayor and City Council FROM: Brenda K. Ewin'g;�uman Resources Director RE: Setting Date and Format for Annual City Recognition Event DATE: July 20, 2010 For the past 35 years, the City of Hutchinson has hosted an event to recognize the accomplishments of both City employees and the volunteers who serve on the various boards and committees of the City. The Recognition Event is held at the Hutchinson Event Center, and the suitable dates available in September 2010 are as follows: • Thursday, September 2 • Thursday, September 9 • Thursday, September 23 It is requested that the Council set the date for the 2010 Annual City Recognition Event from the list of available dates and set the time for the event from 5:30 to 9:00 p.m. The proposed format for the event is social time with beverage tickets (2) provided to each attendee, dinner, and a short program to recognize employees, retiring and current board members in attendance. I will be in attendance at the Council meeting on July 27 if you have any questions regarding this request. � o(-o) Hutc An Economic ueveroprn Autnonty MEMORANDUM Date: July 22, 2010 To: Mayor and City Council From: Patrick Brama EDA Assistant RE: Request to use the 101 Park Place Parking lot for 2011 Downtown Farmers Market The Hutchinson Downtown Association (HDA) would like to request permission to use the parking lot behind 101 Park Place and South of 1" Ave SE as the 2011 Downtown Farmers Market location. As you may already know, the Hutchinson Downtown Association (HDA) coordinates and operates the Downtown Farmers Market and has for many years. Due to multiple factors, the Downtown Farmers Market has been forced to move several times in the past four years. In 2010, with your approval, the market was moved to 1" Ave SE on a one year only basis. The HDA has considered multiple locations and has come to an agreement that the parking lot behind 101 Park Place is the best option for both the Farmers Market and local businesses. The new location would be a compromise: All 17 affected businesses and all of the Farmers Market Members have been contacted. Both sides have largely agreed that this proposed location and the time change is a sufficient compromise. I will be available at the city council meeting to give a brief presentation and answer any questions you might have. Otherwise, feel free to contact me at any time (320)234 -5652. GAIN GIVE UP • Alley Access • 33 parking spots one Businesses • 1" Ave SE Access time a week from 3:30- • Market Begins at 3:30 6pm instead of 3:00 • Stay Downtown • Market Begins at 3:30 Farmers • Stay near historic instead of 3:00 Market location • Slightly off Main Street All 17 affected businesses and all of the Farmers Market Members have been contacted. Both sides have largely agreed that this proposed location and the time change is a sufficient compromise. I will be available at the city council meeting to give a brief presentation and answer any questions you might have. Otherwise, feel free to contact me at any time (320)234 -5652. 0 New Market, *No Traffic Issues (111 Ave is open) (Alle is open) &No Safety Issues (No lon on a road) (Hatten approved *No i nes-S5. �ssues (Doesn't effect shippin ( Ver y little effect on parkin (3Qrear13 remainin *No Man Power issues (Police are no lon needed) (Little set up/take down duties) *Similar Benefit (Same Number of Stalls) (Still Downtown) Gary Plotz From: Gary Plotz Sent: Thursday, July 22, 2010 3:35 PM To: Bill Arndt; Chad Czmowski; Eric Yost; Jim Haugen; Steve Cook Cc: Jeremy Carter; Brenda Ewing; Marc Sebora; Melissa Starke Mayor and Council, Subject: Administration and Finance Position, I recommend the combining of the positions of City Finance Director and City Administrator and the appointment of Jeremy Carter as the City Administrator as of January 1, 2010. In consideration of his prior years of experience in multiple public entities and the private sector, I recommend the grade 19 and compa ratio of 100% wage rate (see attached). In the upcoming transitional months, the City will be preparing a revised job description for the position of City Administrator and Assistant Finance Director, to serve as a basis for reviewing proper placement of these positions in any revised pay plan. I further recommend a "market study" to determine the correct grade placement, after these revisions in duties within the job description. Currently the Hutchinson pay plan ends at grade 19. Finally, the following are a list of advantages of making this overall transition: - Net savings of $136,000, including benefits. - Saving of time and money advertising by promoting from within the City Staff. - Four (4) years of in -house experience in working with the Hutchinson City Administrator and staff. - Four (4) years of experience in working with the Hutchinson City Council. - Eight (8) years in the government sector, including the City of St. Louis Park, the City of South St. Paul, and Carver County. - Experience in working in the private sector that in turn relates well with several of the city's "enterprise funds" including manufacturing (Creekside Renewables) and Retail Sales (Liquor Store). - High level of education, including a Master's of Business Administration, with a focus in Finance and Management 1 O 6c) Administration /Finance Department Promotion January 2011 a U Compa Pay Compa Pay Employee Current Position Grade Ratio'10 Rate Promotional Position Grade Ratio'10 Rate Jeremy Carter Finance Director 14 100.6 $42.385 City Administrator 19 100 $51.514 $88,161.28 $107,149.12 21.5% Increase a U Resolution No. 13768 A Resolution Approving a Local Option Sales Tax and Authorizing an Election Thereon Whereas, the City of Hutchinson is a growing community in greater Minnesota; and, Whereas, the economic vitality of the community comes from businesses and industry in the City of Hutchinson and from persons both from within Hutchinson and the surrounding region who visit to work, shop and recreate within the city; and, Whereas, to continue to serve the residents and visitors to the City of Hutchinson as well as the businesses and industries located in Hutchinson, a new water plant was constructed and the Hutchinson wastewater treatment facility was expanded; and, Whereas, the water and wastewater plants provide a regional benefit through their service to local businesses and industries, and through their support of the jobs those businesses and industries provide to people from throughout the region; and, Whereas, the projects were paid for through bonded indebtedness; and, Whereas, the implementation of a local sales and use tax would aid in the repayment of the bonds for those projects and help provide water and sewer rate stability, Now, therefore, be it resolved by the City Council for the City of Hutchinson that the implementation of a local sales and use tax is approved, subject to voter consent and authority from the Minnesota state legislature and subject to the parameters contained in the ballot language outlined below; and Be it further resolved that the Chief Official in charge of voting be directed to present to the voters at the November 2, 2010, General Election the question of a local option sales and use tax and that said question on the ballot shall be worded in the following fashion: If the Minnesota State Legislature grants statutory authority, should the City of Hutchinson implement a temporary one -half of one percent sales and use tax on all taxable transactions occurring within the City of Hutchinson to help pay the bonded indebtedness on the new water plant and expanded wastewater treatment plant in the City of Hutchinson? Sales of motor vehicles registered for road use would be exempt from this sales tax, but retail motor vehicle sales would be charged a $20.00 excise tax per vehicle sold. The outstanding bonded indebtedness (including principal and interest) is estimated at $29,674,097. The above tax revenues would be dedicated to retiring the debt on the two plants. Furthermore, the taxes would expire 18 years from the date of implementation or when the Hutchinson City Council determines the debt has been paid off, whichever is sooner. ( ) Yes, I am in favor of this sales tax proposal ( ) No, I am opposed to this sales tax proposal ATTEST: Steven W. Cook, Mayor Gary D. Plotz, City Administrator ) 0 4 r_ TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of TH 7/15 Property Acquisitions DATE: July 27, 2010 As discussed at several City Council closed meetings, City staff has been proactively working with Mn/DOT staff and others to analyze the potential City acquisition ofthe below referenced TH 7/15 properties (remainder of parcels acquired by Mn/DOT for the TH 7/15 Reconstruction project): 442 Main St N, 454 Main St N, 466 Main St N, 480 Main St N, 256 Ph Ave NW, 264 4th Ave NW, 9 4th Ave NE, 11 4th Ave NE, 13 4th Ave NE, 15 4th Ave NE, 17 4th Ave NE, 25 4th Ave NE, 35 4(h Ave NE, 45 Ph Ave NE & 426 Prospect St NE City staff will review the exact property locations and their corresponding appraised values (Mn/DOT administered appraisal) at the City Council meeting. cc: Gary Plotz, City Administrator IC) 6 ----) C To: Honorable Mayor & City Council From: John Olson, Public Works Manager City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax(320)234-6971 Subject: Discussion of Mosquito Control Efforts In the six years the City has been involved in mosquito control, we have never experienced mosquito populations like this year. High populations of mosquitoes have been thriving in the wet, warm environment this year's weather has produced. We noticed the mosquitoes earlier than normal and responded by implementing adulticide treatments a week earlier than normal, using one of the treatments carried over from 2009. We have also scheduled adulticide treatments through August 9, which represents all of the scheduled and additional treatments included in this year's contract. Date Descri tp ion Female Mosquitoes trapped I. June 1 - Treatment carried over from 2009 6 2. June 7 - Scheduled treatment 1 3. June 14 - Scheduled treatment 12 4. June 21 - Scheduled treatment 16 5. June 28 - Scheduled treatment 30 6. July 5 - Scheduled treatment 972 7. July 12 - Scheduled treatment 91 8. July 19 - Additional treatment (1 of 4) 9. July 26 - Additional treatment (2 of 4) 10. August 2 - Additional treatment (3 of 4) 11. August 9 - Additional treatment (4 of 4) Considering this year's circumstances, I believe it is prudent to have the City Council discuss mosquito control efforts and, perhaps, consider identifying a source for up to an additional $16,000 of funding that would allow up to 5 more treatments this year (August 16, August 23, August 30, September 6 & September 13). Additional treatments into mid - September would be beneficial if weather patterns we've experienced this summer continue. The City Council could discuss potential funding sources at their July 27 meeting and, if necessary, delay the decision to the August 10 meeting. Considering the extraordinary year we've had for mosquitoes, I believe it would be in the City's best interest to have the City Council discuss potentially funding additional adulticide treatments for 2010. lboo July 20, 2010 Resource Allocation Committee June 2, 2010 4:00 PM Hutchinson City Center Attendees: Steve Cook, Bill Arndt, Gary Plotz, Jeremy Carter, Kent Exner (Committee Members) Dolf Moon, John Olson, Dan Jochum (Contributing Participants) Meeting Minutes 1. 2010 Project Worksheet — Sherwood & Seal Coating bids, Plaza 15 Parking Lot communications, etc. - Kent E. provided and reviewed the most recent version of the 2010 Project Worksheet. The discussion focused on the recent Sherwood St SE Extension and Seal Coating project bids which were both slightly less than estimated. With the knowledge of what project construction costs are for all of the currently planned projects with the exception of the TH 15 Watermain Lining project, City staff reviewed potential project options to utilize the remaining bonding money. Based on the established $1.5 M bonding target, City staff was asked to review the potential of addressing City Parking Lot B with partial funding from the Hutchinson School District at this time. 2. TH 15 Watermain Lining Project —project status update - Kent E. communicated that the final design of the TH 15 Watermain Lining project is currently being completed and that the Cooperative Project Agreement between participating cities is almost finalized. 3. 2011 — 2015 Public Works CIP — review draft info - Due to meeting time constraints this item was not addressed. 4. Industrial Blvd SE — review condition issues & improvement/maintenance timeframes - John O. reviewed the current condition of Industrial Blvd SE and what temporary maintenance measures are being taken to address this issue. At this point, City staff has included this roadway within the 2011 CIP and will continue to communicate with adjacent property owners as maintenance measures are taken and the upcoming reconstruction project is developed. 5. TH 7/15 Mn/DOT Properties — review EDA feedback & transfer feasibility - Kent E. reviewed a recent letter from the EDA stating that they are not interested in the potential acquisition of the.Mn/DOT TH 7/15 properties. City staff will continue to attempt to address any remaining land -use feasibility questions and convey our status to the Mn/DOT representative. Upcoming City Council closed meetings will be scheduled as needed to address this issue. 6. Other Discussion - Kent E. described the situation of the colored and normal concrete sidewalks within the Downtown area and along TH 7/15 having some pop -out and surface deterioration issues. City staff has acquired a quote of approximately $25,000 to administer the re- sealing of the colored sidewalk within these areas and address any necessary replacements. Steve C. stated that City staff should work to identify a funding source other than the Community Improvement Fund to address this issue. ►� LQ-) Resource Allocation Committee July 6, 2010 4:00 PM Hutchinson City Center Attendees: Steve Cook, Bill Arndt, Gary Plotz, Jeremy Carter, Kent Exner (Committee Members) Dolf Moon, John Olson, Dan Jochum (Contributing Participants) Meeting. Minutes 1. 2010 Project Worksheet — Parking Lot B status, TH 15 Watermain Lining estimates, SW Utility, etc. - Kent E. provided and reviewed the most recent version of the 2010 Project Worksheet. The potential of addressing the reconstruction of Parking Lot B was reviewed with the conclusion being that this project would not be addressed this year due to funding limitations and the inability to further reduce the estimated construction cost. During the fall/winter months, City staff will examine the potential of a Downtown Parking Lot Improvement District with the goal of addressing the Parking Lot B and Plaza 15 Parking Lot projects jointly in 2011. Kent E. mentioned that the current cost estimating for the TH 15 Watermain Lining project is tracking slightly higher than estimated, thus the project will divided into a base and alternate bid schedule to allow for some flexibility in approving a cost - effective project after bids are received (August 5, 2010). 2. 2011 Project Worksheet —review of early project program and cost/fee estimates - Kent E. reviewed the 2011 Project Worksheet and stated that this analysis was utilized to develop the estimated Engineering Dept. feestrevenues for the 2011 General Fund Budget At this point, the estimated bonding amount is about $1.0 M which could allow for the inclusion of additional project work as the construction program is developed. 3. Montana Street NW Extension — proposed development access - Kent E. explained that a developer is looking at building a facility northwest of the Golf Course Rd/Montana St roundabout as early as this fall. Thus, the developer has inquired on the possibility of Montana St NW being extended as early as this fall for it to be utilized by June 1, 2010. Based on City stafrs review, addressing this new roadway construction this fall would be very difficult due to the roadway being a Municipal State Aid route, 2010 construction funding limitations, and the desire to issue 2010 bonds in a timely manner. Thus, the RAC concurred that City staff should work to construct these improvements next spring, once the status of the development is firmly determined. 4. Other Discussion - John 0. described a potential project at the Airport this summer/fall to address runway crack sealing and that the project would depend on the timing of FAA funding legislationtallocations. 1 LO—) Hutchinson Public Library Board Minutes Monday, April 26. �gWa0ld Present: John Paulsen, Abby Dahlquist, Guy Stone, Roger Vacek, Eric Yost, and Mary Henke, Ex- Officio Absent: Janet Vacek President John Paulsen called the meeting to order. The minutes from the last meeting were reviewed. Abby made a motion to approve the minutes as submitted, with Guy seconding the motion. Minutes approved. Old Business 1. The Hutchinson City Council reappointed Guy Stone and Abby Dahlquist to serve on the Library Board. 2. Stacey Nass applied to serve on the Library Board. She is an instructor at Ridgewater College and has young children. It is anticipated that she will be appointed by the Hutch City Council in April 2010. 3. Nancy Carlson (March 20) and Lorna Landvik (April 13) presentationswere well attended with 70 to 124 attending the sessions. The Friends of the Library paid the fee for Lorna Landvik. New Business 1. Up coming Legacy programs: a. Ben Franklin tour at the Minnesota History Center will take place Sat May 8. Bus transport is provided and surrounding area communities are participating. b. Kao Kalia Yang, author of "Latehomecomer" will give a presentation at Hutchinson Library May 26 at 7 PM c. Minnesota's Greatest Generation will start with Fall meetings to present Minnesota History in workshops and forums. 2. 2011 budget draft in preparation is approximately at the same level as 2010. 3. Fifteen new computers were installed March 30 and April 1 by the Pioneerland Tech team. The library users are pleased that there freeze -ups area thing of the past. 4. Donations: The Mwanis Club donated $1000 for the Children's collection in February and March 2010. Next meeting is June 28, 2010 at 4:30 PM. Abby moved to adjourn the meeting, with Guy seconding the motion. Motion carried. Submitted, Roger Vacek, Co Secretary MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 15, 2010 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Vice Chairman Kovacic at 5:30 p.m. with the following members present: Christie Rock, Chad Czmowski, Dean Kirchoff, Dave Johnston and Vice Chairman Kovacic Absent: Jim Fahey and Chairman Lofdahl Also present: Dan Jochum, Planning Director, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated May 18, 2010 Ms. Rock moved to approve the consent agenda as submitted. Seconded by Mr. Kirchoff. The consent agenda was approved unanimously 4. PUBLIC HEARINGS a) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES DISPLAY LOCATED IN THE C-4 DISTRICT AT ANTIQUES TO GO, 934 HWY 15S Vice Chairman Kovacic opened the hearing at 5:33 p.m. with the reading of publication # 7816 as published in the Hutchinson Leader on June 3, 2010. Mr. Jochum commented on the request by the property owner for a conditional use permit to allow an outdoor sales display in a fenced area, consisting of chain link or wrought iron fence on the north side of his business, Antiques to Go, at 934 Hwy 15 South, between Pizza Hut and Edina Realty. The property owner proposes to construct an approximately 30' x 140' fenced outdoor sales area to provide a secured area for larger items to be sold. The site plan on record indicates he will lose 7 parking spaces with the addition of a fenced sales display area; however, the applicant still meets the parking requirement of 14 spaces. The site plan indicates the 14 parking spaces will be located in front of the building (east side). Parking requirements are: Furniture/Warehouse - 1 space per 1000 sq. ft. The building is approximately 14,000 sq. ft. A conditional use permit is required for any outdoor storage or display, including items for sale in the display area according to the Zoning Ordinance, Section 154.115. Mr. Jochum explained the west side of the fence must be opaque to screen from the residential zone. He also stated no public is allowed to drive around the building. Mr. Jochum noted staff reviewed the application and discussed the parking requirement of 14 spaces. The property owner indicated in his letter of May 19, 2010, that he has no plans to blacktop the rear area of the property and will leave it as green space, since this area won't be used for parking or circulation. The applicant has indicated on his site plan that there will be 14 parking spaces in the front of his building (east side). The 14 spaces shown on the site plan satisfy the parking requirement for this use. Staff recommends that the applicant stripe the 14 parking spaces prior to the fence being constructed. There are utilities along the north property I ti (c) Minutes Planning Commission — June 15, 2010 Page 2 line. The property owner must locate these utilities prior to installing the fence and also ensure the fence doesn't interfere with the meters located on the building. Mr. Jochum mentioned an agreement between the property owner and the property owner to the north. He reported access to the Fahey building is limited. He stated Mr. Fahey contacted him and is ok with the proposal. Staff recommends approval with the following recommendations: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. Screening or fencing with 100% opacity from residential districts is required to meet the requirements of Section 154.115. The screening is only needed on the western portion of the fence, as that is the only area that abuts a residential district. 3. The grass area or green space located to the south and west of the building is not to be used for circulation or parking purposes., 4. Approval of a fence permit is required before the fence is constructed. 5. Property owner must locate utilities prior to installing the fence. 6. The fence should not interfere with the meters located on the building. 7. Parking spaces shall be striped and meet the requirements of Section 154.116 of the Zoning Ordinance prior to the fence being constructed. Discussion followed on the fence placement regarding maintenance of the fence on the north side. There was also discussion on the equipment stored on the west side of the building. Mr. Corcoran explained the equipment belongs to the person helping with lawn mowing and parks the equipment in the rear of the building when not in use. Mr. Jochum explained that staff would recommend no outdoor storage in the rear and side of the property where there is no fence. Mr. Corcoran asked if he can park a trailer on the parking area. He explained that he will be putting up a fence on the west property line to prevent traffic from driving through the property. Mr. Corcoran then explained what he will be placing in the fenced area. He asked about a vehicle that is to be for sale. Mr. Jochum stated it must be in the fence. Mr. Johnston made a motion to close the hearing. Seconded by Mr. Czmowski the hearing closed at 5:48 p.m. Mr. Johnston made a motion to recommend approval of the request with staff recommendations and add a recommendation number 8 to add a 2 foot buffer from the fence to the north property line. Seconded by Mr. Kirchoff, the motion carried unanimously. Vice Chairman Kovacic stated this item will be placed on the City Council consent agenda at their meeting held June 22, 2010, in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS LOCATED IN THE C-4 DISTRICT AT HUTCHINSON MALL, 1060 HWY 15 SOUTH, REQUESTED BY GERALD BRYER, APPLICANT Vice Chairman Kovacic opened the hearing at 5:52 p.m. with the reading of publication # 7816 as published in the Hutchinson Leader on June 3, 2010. Mr. Jochum explained the applicant is requesting a conditional use permit to allow fireworks to be sold in a tent located in the Hutchinson Mall parking lot. Approval of a similar request was granted in the WalMart parking lot in April 2009. The request is to set up the tent June 25, 2010 and take it down by July 5, 2010. Section 130.08 C (6) of the Hutchinson Municipal Code requires a conditional use permit for outside sale of fireworks. He reported in addition to the CUP, the City requires approval of a fireworks permit from the Fire Department and a transient merchant license through the City Council. A new conditional use permit will be required if the � cc) Minutes Planning Commission —June 15, 2010 Page 3 fireworks permit request is for a new location or if there are other changes to the request. State Statutes allow a conditional use permit issued for a specific property to remain in effect as long as the use does not cease operation for one year on the same property, provided that conditions remain the same. Mr. Jochum explained he and Kent Exner discussed the placement of the tent and suggest it be moved to the north, west of the curb and buffer area. In that location, the tent would not impact the drive isles and would allow for better circulation. This should be added as an additional recommnendation. Staff would recommend approval of the request with the following findings and recommendations: 1. The request meets the standards for granting a conditional use permit. 2. A conditional use permit is approved to allow sales of fireworks in a tent at 1060 Hwy 15 S., according to the application details and site plan received by the City on May 18, 2010. Fireworks sales maybe allowed for the dates and conditions specified on the fireworks sales permit and transient merchant license issued annually. 3. Annual application and approval of a fireworks permit and transient merchant license are required for future renewals. Any changes to the operations or conditions would require approval of a new or amended conditional use permit. 4. All display and sales areas must be kept secured. 5. Signage requires a separate sign permit prior to installation of signage. Mr. Kirchoff made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 5:56 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff recommendations and add number 6 to move the tent to the north to align with the parking berm. Seconded by Mr. Johnston, the motion carried unanimously. Vice Chairman Kovacic stated this item will be placed on the City Council consent agenda at their meeting held June 22, 2010, in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF "STREET RIGHT OF WAY PLAT NO. 12" REQUESTED BY THE CITY OF HUTCHINSON TO MODIFY THE MONTANA STREET NORTHWEST RIGHT OF WAY Vice Chairman Kovacic opened the hearing at 5:57 p.m. with the reading of publication # 7816 as published in the Hutchinson Leader on June 3, 2010. Mr. Jochum explained the purpose of the plat. He stated the City is negotiating with the adjacent property owner on the outlot. The City will maintain the right of way. No additional accesses will be allowed to the street. Mr. Kirchoff made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 5:59 p.m. Mr. Johnston made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held June 22, 2010, in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS a) DISCUSSION OF AMENDING CHAPTERS 54 AND 152 OF THE HUTCHINSON CITY CODE PERTAINING TO SHORELAND MANAGEMENT � C c) Minutes Planning Commission —June 15, 2010 Page 4 Mr. Jochum commented on past discussions on this item over the last several months. He explained he is aware of the affects of the ordinance on planning. Atty. Sebora commented on the ordinance changes including lot coverage, impervious surface, Storm water management, variances and building height. He explained feedback from public is helpful in regard to measuring the height of buildings. Mr. Jochum explained he would like to explore possibilities of height regulations. He commented how the City would move forward. Ms. Rock would recommend the planner do more research and not take action tonight. This is an overview thus far and not in -depth at this stage of the review. The ordinance regulates the coverage at 25% impervious surface coverage. Mr. Jochum explained the City is trying to describe what constitutes impervious surface. Mr. Jochum has been researching other communities regarding decks. Several communities do not count decks without roofs or with '% inch deck spacing and no impervious surface undemeath. We would not include decks under this ruling. Discussion followed on the possibility of paving under the deck later. Mr. Jochum stated that would be an enforcement issue if they do pave. There was discussion on treating the first inch of runoff to meet the requirements. Properties over the 25% the impervious surface could be increased if treating the run off on -site. Impervious surface worksheets could be used and there is an example from the City of Burnsville. Property owners would choose the best treatment for their property. Discussion followed on providing a list of what is accepted. Some cities use a larger percentage but have proof of runoff treatment such as stormwater ponds, etc. Discussion followed to amend the ordinance to not need a variance in all cases. There was consensus of the planning commissioners to pursue the deck definition and also to give property owners options for runoff storage. Discussion followed on meeting the intent of the regulation. Mr. Jochum reported that the DNR does not define want is impervious. Mr. Jochum commented on the variance from impervious surface requirements not to increase the percentage of existing coverage. There was discussion on the "no net gain" of impervious coverage. Discussion followed on the rain barrel concept. There will be more research on rain barrels. The property owner would design and the city would approve or not. The consensus was to wait to take action on the amendment. The new policy is to be consistent. Building height in the Shoreland area is defined by the DNR. Mr. Jochum explained the property owner cannot add fill to circumvent the ordinance. He suggested the more sophisticated definitions possibly would require a survey with the building permit and at the certificate of occupancy. There will be more research on this item. Draft text will be presented next month. 6. OLD BUSINESS COMMUNICATION FROM STAFF Mr. Jochum commented on the letter from Mr. Plotz regarding 1209 Lewis Ave. He explained the realtor has forwarded the letter to the management company. The height violation must be addressed before a building permit may be issued to complete the project. S. ADJOURNMENT There being no further business the meeting adjourned at 6:31 p.m. CCU CITY OF HUTCHINSON FINANCIAL REPORTS (JUNE 2010 AS OF 0712012010) 2009 2010 2010 2010 2010 JUNE EXPENDITURES BY JUNE MONTH OF JUNE ADOPTED BALANCE PERCENT DESCRIPTION: YTD JUNE YTD BUDGET REMAINING USED TAXES 1,974,711.95 2,073,924.84 2,073,924.84 4,404,300.00 2,330,375.16 47% LICENSES 44,352.13 935.00 45,604.62 58,281.00 12,676.38 78% PERMITS 86,869.74 16,785.03 66,194.64 297,596.00 231,401.36 22% INTERGOVERNMENTAL REVENUE 99,347.25 3,647.65 51,390.10 2,164,243.00 2,112,852.90 2% CHARGES FOR SERVICES 705,049.70 186,261.21 746,016.82 1,767,647.00 1,021,630.18 42% FINES & FORFEITS 11,312.17 2,985.36 15,948.23 45,000.00 29,051.77 35% INTEREST ON INVESTMENTS (11,904.45) - (1,134.47) 70,000.00 71,134.47 -2% REIMBURSEMENTS 283,492.03 83,114.53 259,130.37 419,850.00 160,719.63 62% TRANSFERS 427,281.64 400.00 358,976.36 1,901,083.00 1,542,106.64 19% SURCHARGES 122.98 441.51 948.25 1,000.00 51.75 95% FUND BALANCE 4,035.68 1,059.70 10,106.58 10,000.00 10,000.00 0% TOTAL REVENUES $ 3,620,635.14 $ 2,368,495.13 $ 3,616,999.76 $ 11,139,000.00 $ 7,522,000.24 32% 2009 2010 2010 2010 2010 JUNE EXPENDITURES BY JUNE MONTH OF JUNE ADOPTED BALANCE PERCENT DEPTARTMENT: YTD JUNE YTD BUDGET REMAINING USED MAYOR & CITY COUNCIL 18,406.61 3,259.33 17,327.18 56,310.00 38,982.82 31% ADMINISTRATION 185,627.09 33,334.28 195,602.94 408,020.00 212,417.06 48% ELECTIONS - 996.05 2,133.37 14,000.00 11,866.63 15% FINANCE DEPARTMENT 293,401.07 52,280.41 250,029.44 512,296.00 262,266.56 49% MOTOR VEHICLE 131,414.80 18,987.63 137,368.41 234,028.00 96,659.59 59% ASSESSING - - - 61,911.00 61,911.00 0% LEGAL 95,108.04 19,170.88 99,656.56 230,36100 130,706.44 43% PLANNING 68,615.84 12,423.74 42,242.57 152,746.00 110,503.43 28% INFORMATION SERVICES 133,561.77 25,056.05 151,144.24 283,083.00 131,938.76 53% POLICE DEPARTMENT 1,413,082.35 268,986.60 1,406,398.17 3,060,716.00 1,654,317.83 46% EMERGENCY MANAGEMENT 4,035.68 1,059.70 10,106.58 18,000.00 7,893.42 56% SAFETY COMMITTEE 5,575.00 - 5,700.00 13,450.00 7,750.00 42% FIRE DEPARTMENT 144,973.88 30,438.58 162,331.49 437,194.00 274,862.51 37% PROTECTIVE SERVICES 120,929.72 21,901.34 108,004.49 268,773.00 160,768.51 40% ENGINEERING 229,950.34 40,432.92 215,370.96 462,781.00 247,410.04 47% STREETS & ALLEYS 652,944.49 127,688.62 554,625.11 1,416,898.00 862,272.89 39% CITY HALL BUILDING 57,492.77 14,455.53 63,029.34 143,532.00 80,502.66 44% PARKlREC ADMINISTRATION 105,648.64 16,725.61 106,054.51 211,466.00 105,411.49 50% RECREATION 125,694.58 45,615.17 122,506.82 219,566.00 97,059.18 56% SENIOR CITIZEN CENTER 30,039.13 6,812.96 38,458.35 81,78100 43,324.65 47% CIVIC ARENA 169,276.89 17,699.05 160,660.61 326,489.00 165,828.39 49% PARK DEPARTMENT 343,460.44 79,456.14 333,072.66 728,460.00 395,387.34 46% RECREATION BLDG & POLL 88,440.98 16,125.39 77,190.09 141,716.00 64,525.91 54% EVENT CENTER 124,010.92 19,357.38 104,582.93 231,903.00 127,320.07 45% EVERGREEN BUILDING 6,168.48 1,777.64 6,746.20 14,050.00 7,303.80 48% LIBRARY 88,731.22 4,162.66 90,695.45 189,454.00 98,758.55 48% CEMETERY 76,154.81 12,531.75 59,658.09 134,541.00 74,882.91 44% AIRPORT 34,389.64 7,429.64 43,182.95 109,528.00 66,345.05 39% UNALLOCATED GENERAL EXP. 279,854.86 21,387.22 293,240.74 975,943.00 682,702.26 30% TOTAL EXPENDITURES $ 5,026,990.04 $ 919,552.27 $ 4,857,120.25 $ 11,139,000.00 $ 6,281,879.75 44% 2009 2010 2010 2010 2010 JUNE EXPENDITURES BY JUNE MONTH OF JUNE ADOPTED BALANCE PERCENT FUNCTION OF GOVERNMENT: YTD JUNE YTD BUDGET REMAINING USED GENERAL GOVERNMENT 983,627.99 182,233.98 958,534.05 2,096,289.00 1,137,754.95 46% PUBLIC SAFETY 1,688,596.63 362,819.14 1,692,540.73 3,798,133.00 2,105,592.27 45% STREETS & ALLEYS 882,894.83 142,144.15 769,996.07 1,879,679.00 1,109,682.93 41% PARKS & RECREATION 1,081,471.28 191,006.39 1,039,967.62 2,144,887.00 1,104,919.38 48% MISCELLANEOUS 390,399.31 41,348.61 396,081.78 1,220,012.00 823,930.22 32% $ _5,026,990.04 $ 919,552.27 $ 4,857,120.25 $ 11,139,000.00 $ 6,281,879.75 44% Institution Description Smith Barney CD's Smith Barney FHLB Smith Barney CD's Smith Barney CD's Smith Barney CD's Smith Barney CD's Edward Jones FHLB Wells Fargo FHLM - Step Wells Fargo FHLM - Step Wells Fargo FHLM - Step Wells Fargo FHLM - Step Wells Fargo FNMA - Step Wells Fargo FNMA - Step Wells Fargo FHLB - Step UBS Financial FHLB - Step UBS Financial FHLB - Step CITY OF HUTCHINSON INVESTMENT REPORT June 30, 2010 Date Interest of Rate Purchase Date of Maturity Amount 2.75 % -3.15% 5/20/2009 5/29/2012 350,000.00 5.200% 4/22/2010 4/15/2015 500,000.00 3.3 % -3.4% 6/10/2009 6/10/2013 300,000.00 2.450% 7/22/2009 7/23/2012 500,000.00 1.400% 1/27/2010 1/27/2012 248,000.00 1.400% 1122/2010 1/23/2012 496,000.00 2.000% 3/26/2008 3/26/2012 500,000.00 2.000% 4/29/2010 10/29/2016 650,000.00 3.000% 3/24/2010 9/24/2018 1,000,000.00 2.000% 1/13/2010 1113/2017 500,000.00 2.625% 4/28/2010 10/28/2010 600,000.00 2.000% 6/29/2010 7/1212019 1,000,000.00 3.250% 1/20/2010 1/20/2017 500,000.00 2.000% 5/17/2010 5/17/2016 500,000.00 2.000% 3/23/2010 3/23/2016 500,000.00 4.125% 5/10/2010 4/2912025 500,000.00 $ 8,644,000.00 u [E� • • I Creel�Side 7 -27 -2010 To: Mayor and Council Creekside Soils Creekside Organic Material Processing Facility 1500 Adams St. SE Hutchinson, MN 55350 -7011 320-587-6762 1 Fax 320 - 234 -5649 This memo will serve as my recommendation to approve the purchase order for Splendor Gro bag film needs for the 2011 season. I received 7 quotes for film; the winning quote was from our current supplier. The total number of impressions is 600,000 bags. The quote will reflect a price of $.139 for 300,000 bags topsoil and $14 for the remaining 300,000 bags for potting and manure bags. For a total purchase price of $83,700.00 The above quotes are a substantial savings of our previous film that was $19 per bag as we made some small changes in the print. It is my recommendation to you to approve the purchase order with Direct Plastics. Thank you for your consideration, Douglohnson d CreekSide Manager ia1a)