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cp04-27-2010 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, APRIL 27, 2010 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Pastor Wayne Morrison, Seventh Day Adventist Church. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF APRIL 13, 2010 6. CONSENT AGENDA (Purpose: onlyfor items reguirin Council approval by external entities that would otherwise have been delegated to t e City Administrator. Traditionary, items are not discussed.) (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 10 -0544 —AN ORDINANCE ANNEXING APPROXIMATELY 36.8 ACRES OF PROPERTY LOCATED IN SECTION 7, HASSAN VALLEY TOWNSHIP (SECOND READING • AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF " HUTCHINSON MALL PLAT 3" SUBMITTED BY GUS WURDELL, CHIEF MANAGER, SOUTHERN PRAIRIE DEVELOPMENT LLC WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13723) 2. CONSIDERATION OF VARIANCE TO ALLOW REPLACEMENT OF PRESENT PARKING LOT UP TO PROPERTY LINES AT ANIMAL MEDICAL CENTER INC., LOCATED AT 405 CALIFORNIA STREET NW AS REQUESTED BY DR. JOHN FRONING WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13724) 3. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON TO RELOCATE EXISTING LIFE LINK TRAILER AT THE HUTCHINSON MUNICIPAL AIRPORT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13725) 4. CONSIDERATION OF REZONING RECENTLY ANNEXED 5.6 ACRES OWNED BY HUTCHINSON EDA FROM R -I (SINGLE FAMILY RESIDENTIAL) TO 1-1 (LIGHT INDUSTRIAL PARK) LOCATED EAST OF CUSTOMER ELATIONS, 1150 5"" AVENUE SE • WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13726 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10 -0547 FOR MAY 11, 2010) CITY COUNCIL AGENDA —APRIL 27. 2010 (d) APPOINTMENT OF STACEY NASS TO PUBLIC LIBRARY BOARD TO APRIL 2012 (FILLING 0 VACANCY OF YVONNE JOHNSON) (e) CONSIDERATION FOR APPROVAL OF ITEMS FOR ADAMS STREET AND WASHINGTON AVENUE RECONSTRUCTION PROJECT (LETTING NO. 1, PROJECT NO. 10 -01) INCLUDING A PROJECT COOPERATIVE AGREEMENT (f) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 67" ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JUNE 14 — 20, 2010 (g) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO DEAN SCHLUETER TO OPERATE A SEASONAL GREENHOUSE LOCATED AT 1350 HWY 15 SOUTH (h) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR TOM KLOSS TO ATTEND CITY WORKS (GAS AND ELECTRIC INFRASTRUCTURE SOFTWARE) TRAINING IN ST. GEORGE, UTAH (i) CONSIDERATION FOR APPROVAL OF DRAINAGE AND UTILITY EASEMENT TO SILVER LAKF CAPITAL PARTNERS (j) CONSIDERATION FOR APPROVAL OF SETTING VARIANCE WORKSHOP PRESENTED BY THE LEAGUE OF MINNESOTA CITIES ON MAY 18, 2010, AT 6:30 P.M. (k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION OF COMMENTS AND INPUT ON THE STORM WATER POLLUTION PREVENTION PLAN Action - 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise policy. A ways oo ing towad the lure, not monitoring past) (a) DISCUSSION OF THE KEEPING OF BEES WITHIN HUTCHINSON CITY LIMITS Action - 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON RETIREMENT INCENTIVE PROGRAM Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF AMENDING PERSONNEL POLICY AND ESTABLISHING AND ADMINISTERING A HEALTH CARE SAVINGS PLAN WITH THE MINNESOTA STATE RETIREMENT SYSTEM (ADOPTING RESOLUTIONS 13714 AND 13715) Action — Motion to reject — Motion to approve EW BUSINESS qW (a) CONSIDERATION FOR APPROVAL OF PROPOSAL TO RELOCATE FARMERS MARKET TO FIRST AVENUE SE 2 CITY COUNCIL AGENDA —APRIL 27, 2010 • Action — Motion to reject — Motion to approve (b) DISCUSSION OF AND UPDATE ON AMERESCO PROJECT Action - (c) DISCUSSION OF POSSIBLE CITY CHARTER AMENDMENTS (NUMBER OF COUNCIL MEMBERS; FOUR -YEAR TERM FOR MAYOR) Action - 11. GOVERNANCE ( Purpose. toassesspastorganizationalperformance, develop policythat guides the organization and Council the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) CITY OF HUTCHINSON FINANCIAL REPORT FOR MARCH 2010 (b) CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2010 (c) PLANNING COMMISSION MINUTES FROM MARCH 16, 2010 (d) JOINT PLANNING COMMISSION MINUTES FROM FEBRUARY 17, 2010 (e) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MARCH 16, 2010 No action required for Items 11(a) — I I (e). •2. MISCELLANEOUS 13. ADJOURN Cl MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, APRIL 13, 2010 I . CALL TO ORDER — 5:30 P.M. Mayor Cook called the meeting to order. Members present were Jim Haugen, Eric Yost, Bill Arndt and Chad Czmowski. Others present were Jeremy Carter, Finance Director, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Wayne Morrison, Seventh Day Adventist Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Gary Dullinger, 535 4` Avenue SW, stated that he had requested to raise honey bees within the city limits to city staff but was declined by the City Attorney. Mr. Dullinger would like to put in two hives in his yard to raise the honey bees. Marc Sebora, City Attorney, stated that he had responded to Mr. Dullinger's request by informing him that Hutchinson city code does not allow for the keeping of such types of animals. Mayor Cook noted he would like to see what other cities allow in these types of instances and see what regulations are put in place. Mr. Sebora stated he could gather ordinances from other cities that could be reviewed and considered at the next Council meeting. PROCLAMATION— BUILDING SAFETY MONTH— MAY 2010 Mayor Cook acknowledged that May is Building Safety Month and he gave accolades to those professionals that serve in the building safety industry. INUTES (a) REGULAR MEETING OF MARCH 23, 2010 Motion by Czmowski, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (Purpose. only for items reguiringCouncil approval by external entities that would otherwise have been delegated tote City Administrator. Traditionally, items are not discussed.) (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13716 — RESOLUTION FOR PURCHASE (2007 ASPHALT ZIPPER) 2. RESOLUTION NO. 13717 - RESOLUTION APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 0415 3. ORDINANCE NO. 10 -0543 — AN ORDINANCE REZONING MONTREAL PLACE PLAT FROM C4 TO C2 AND OUTLOT B, CALAFORD PLACE FROM R4 TO MIXED USE DISTRICT SUBMITTED BY JACOB WERT, PROPERTY OWNER (SECOND READING AND ADOPTJOlN� (c) CONSIDERATION FOR APPROVAL OF 3.2 MALT LIQUOR LICENSE RENEWALS ■ HUTCHINSON HUSKIES BASEBALL ASSOCIATION ■ SKY VENTURES (PIZZA HUT) • COBORN'S INC— CASHWISE r��0./ CITYCOUNCIL MINUTES —APRIL 13, 2010 • SPEEDWAY SUPER-AMERICA • ERICKSON'S DIVERSIFIED CORPORATION (ECONO FOODS) • CATTOOR OIL COMPANY — SINCLAIR GAS STATION • WALMART SUPERCENTER (d) CONSIDERATION FOR APPROVAL OF CANCELLATION OF REAL ESTATE CONVEYANCE AGREEMENT WITH HUTCHINSON CO -OP CENEX (e) CONSIDERATION FOR APPROVAL OF ISSUING DANCE PERMIT TO ST. ANASTASIA SCHOOL ON MAY 7. 2010 (f) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO BETTY JODZIO TO OPERATE MOBILE HOT DOG /BEVERAGE FOOD CART (g) CONSIDERATION FOR APPROVAL OF CLOSING ALLEWAY BETWEEN FIRST AVENUE SW AND SECOND AVENUE SW ON MAY 22, 2010, BETWEEN 11:00 A.M. AND 2:00 P.M. (h) CONSIDERATION FOR APPROVAL OF APPOINTMENTS /REAPPOINTMENTS - APPOINTMENTS TO CITY- SCHOOL DISTRICT- COMMUNITY ADVISORY BOARD (TOM DAGGETT, BRIAN GUGGISBERG, GREG HAFFLEY, ANTHONY HANSON, RYAN JURGENSON AND TARA OBERG) - REAAPOINTMENTS OF ABBY DAHLQUIST AND GUY STONE TO LIBRARY BOARD TO APRIL 2013 0- REAPPOINTMENT OF JOHN LOFDAHL TO PLANNING COMMISSION TO MARCH 2015 (i) CONSIDERATION FOR APPROVAL O F AGREEMENT BETWEEN AMERICAN SOCIETY OF COMPOSERS AND CITY OF HUTCHINSON 0) CONSIDERATION FOR APPROVAL OF SALE OF SURPLUS VEHICLES (k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(b)1 and 6(c) were pulled for separate discussion Motion by Czmowski, second by Haugen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(b)l had further discussion. Council Member Yost asked the purpose of the machine and the benefit of purchasing a used piece of equipment versus new equipment. John Olson, Public Works Manager, explained what the machine does, which is purposeful for a utility cut or a watermain repair, which entails recycling and reusing the asphalt material. The machine could also be put to use in alleys and trails. Motion by Haugen, second by Yost, to approve Item 6(b)1. Motion carried unanimously. Item 6(c) had further discussion. Council Member Arndt asked about any license violations that had occurred at these establishments. Marc Sebora, City Attorney, noted that once the individuals that were involved in any license violations have gone through criminal proceedings, the establishment's license will be reviewed, however at this time all of the establishments are eligible for renewal. • Motion by Arndt, second by Haugen, to approve Item 6(c). Motion carried unanimously. 7. PUBLIC HEARINGS — 6:00 P.M. c1.� -� CITY COUNCIL MINUTES —APRIL 13, 2010 � (a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 10 -0545 - AN ORDINANCE GRANTING A FRANCHISE TO MEDIACOM MINNESOTA, LLC TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF HUTCHINSON; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS (SECOND READING AND ADOPTION) Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that any time a franchise is considered by the City, a public hearing must be held. Tonight's public hearing is to discuss renewing the franchise agreement with Mediacom for cable services. Mayor Cook inquired about internet and telephone services being included in the franchise agreement. Robert Vose, legal counsel, presented before the Council. Mr. Vose explained that internet services has been designated as information services and therefore are not regulated by state or federal agencies. Telephone services are regulated by the state and not by franchises. Council Member Yost brought up his questions posed at the last meeting pertaining to a review more often than every four years as currently stated. Mr. Vose stated that the City has the right to review the compliance and performance of its franchisees at any time. The franchise spells out a more general review of the cable industry and modifications to the franchise. Changes to the franchise do need to be agreed to by the cable company. Mr. Vose explained that it is rather unusual for the city to have two video providers which helps to improve the performance of the companies. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to adopt Ordinance No. 10 -0545. Mayor Cook noted that the HCVN Board was in favor of this renewal franchise agreement. Motion carried unanimously. �(b) DISCUSSION OF ISSUING SHORT -TERM FINANCING FOR THE HUTCHINSON AREA HEALTH CARE SENIOR CARE FACILITY Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that at the last City Council meeting it was presented to the City to serve as a conduit for Hutchinson Area Health Care to obtain short-term financing for their senior housing project. This public hearing is a requirement for the City to serve in such a capacity. Mr. Carter noted that the proposed project is to secure funding through the Minnesota Rural Water Association. Hutchinson Area Health Care will also be researching other funding sources as well. Cary Linder, Hutchinson Area Health Care, presented before the Council. Mr. Linder explained that the HAHC Board met last evening and their accounting firm conducted a feasibility study on the proposed short term funding option. The firm approved of such an arrangement. The final approval of this arrangement will be considered at the City Council meeting on April 27, 2010. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. (c) SHERWOOD STREET SE EXTENSION PROJECT (LETTING NO. 2, PROJECT NO. 10-02) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff is recommending to postpone this hearing to May 4, 2010 (a special meeting) in order to meet all the notice and advertising deadlines and group projects that are being assessed for and projects that are not being assessed for. Two other potential projects that may be considered are Hwy 15 watermain lining and street seal coating. Motion by Arndt, second by Czmowski, to continue public hearing to May 4, 2010, at 6:00 p.m. to discuss • all items noted above. Motion carried unanimously. (d) DISCUSSION OF ANNEXATION OF APPROXIMATELY 36.8 ACRES OF PROPERTY LOCATED IN SECTION 7, HASSAN VALLEY TOWNSHIP 56) CITY COUNCIL MINUTES —APRIL 13. 2010 • Kent Exner, City Engineer, presented before the Council. This annexation ties into the Sherwood Street SE extension project. The project is utilizing a portion of property from Hazel Sitz which will be dedicated for road right -of -way. The property needs to be platted in order to establish the roadway right -of -way. Barb Mattes, 16024 County Road 7, presented before the Council. Ms. Mattes asked what the proposal is. Mr. Exner explained that the Sitz property is currently located in Hassan Valley Township and is being Proposed to be annexed into the City limits to build a road extension. Robert Anderson, Adams Street (Hassan Valley Township resident), presented before the Council. Mr. Anderson noted that the tax base of Hassan Valley Township decreases due to this annexation. Mr. Anderson asked when the remaining portion f the property would be developed and when the utilities will be placed. Mr. Sebora explained that the property is being annexed into the City as R -1, which is single family residential. If the property should be rezoned, an application process is in place for that. Mr. Exner explained the development /assessment process attached to the property. Any development is up to Ms. Sitz, who is the owner of the property. Kent Exner noted that Menards Inc. has raised some concerns with the annexation. They raise potential concerns about nuisances their property may give off to a residential neighborhood. Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve first reading of Ordinance No. 10 -0544 and set second reading and adoption for April 27, 2010. Motion carried unanimously. 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise policy. A ways oo ing toward t e uture, not monitoring past) W NFINIS HED BUSINE 10_ NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON RETIREMENT INCENTIVE PROGRAM Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that in 2009 the City offered an early retirement incentive program. At a recent workshop, the Council suggested offering an incentive program again in 2010. The program proposed for 2010 includes one week of pay for each year of employment, up to $20,000 maximum payment; the dollar equivalent of one week of the employer provided health and dental premium for each year of employment; an additional payout of 1 /3 of sick leave accrual over 240 hours; the dollar equivalent of an additional six months of the employer provided health and dental premium; the City will establish a Health Care Savings Plan program that requires a set percentage of any accrued sick leave payout and a set percentage of any retirement severance payment to be deposited; retirees may opt for any lump sum payments related to the retirement incentive to be made to the employee in calendar year 2011; allow eligible employees to use accrued vacation time in two week pay period increments until gone. All compensatory time must be used on or before December 31, 2010. The eligibility criteria recommended for consideration are: meet age and service requirements necessary to collect a pension benefit from PERA; Option 1) At least 20 years of service with the City of Hutchinson, Option 2) At least 20 years of service with PERA employers, with a minimum of 10 years service with the City of Hutchinson, Option 3) At least 15 years of service with City of Hutchinson, Option 4) At least 15 years of service with PERA employers, with a minimum of 10 years service with the City of Hutchinson; retire from current full time or part time employment with the City by December 31, 2010. Council Member Czmowski asked, between the options, is there a higher return on investment, such as • filling the position with employees that have worked 15 years versus more. Council Member Yost asked if the savings will be seen in 2011 if employees are allowed to work until December 31, 2010. Jeremy Carter, Finance Director, noted that the biggest savings is in whether or not 4 5tg-) CITY COUNCIL MI_rVUTES —APRIL 13, 2010 • positions are filled by the vacancies left. Mayor Cook noted that a deadline needs to be established as to when employees need to decide whether or not they will be taking the early retirement incentive. Mayor Cook also expressed that he would like to hear employees' feedback on the program and defer Consideration of approval to the April 27, 2010, Council meeting. Motion by Czmowski, second by Yost, to table this item to April 27, 2010. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AMENDING PERSONNEL POLICY AND ESTABLISHING AND ADMINISTERING A HEALTH CARE SAVINGS PLAN WITH THE MINNESOTA STATE RETIREMENT SYSTEM (ADOPTING RESOLUTIONS 13714 AND 13715) Ms. Ewing explained the differences between the MSRS and a program offered by ICMA. Motion by Czmowski, second by Yost, to table this item to April 27, 2010. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF AUTHORIZING INTENT TO ENTER INTO ENERGY CONSERVATION PERFORMANCE CONTRACT WITH AMERESCO Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that a publication needs to be placed before any action is taken on this item. There were unknowns related to this item prior to the packet being published. Motion by Czmowski, second by Yost, to table this item to April 27, 2010. A letter of intent will be considered at the next meeting. The main concern raised by the Council was the lengthy payback period. General discussion was held regarding future relationships with Ameresco. Motion carried unanimously. 10(d) DISCUSSION OF CITY CHARTER AMENDMENT PERTAINING TO LOW INCOME ASSESSMENT DEFERRALS Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the Council has discussed in the past how the City might handle assessments for property owners who have financial hardships. Currently, the City follows state statute pertaining to assessments, which only addresses assessment deferrals pertaining to senior citizens, retired due to a disability, active military service and undeveloped property. Mr. Sebora stated that if the Council should wish to add financial hardship as a condition, a Charter amendment would need to be made since the Charter states that state statute is followed. Jeremy Carter, Finance Director, noted a concern of his is if a large majority of residents on a particular project are allowed deferred assessments, what are other funding options? Mayor Cook expressed that he feels there should be some sort of option available for those with financial hardship, however he would like more information from engineering and finance as to how such a program can be administered. Council Member Czmowski expressed that he wasn't necessarily in favor of such a deferred assessment program. Jeremy Carter suggested lengthening the term limit of payment if an assessment was over a certain dollar amount- IL GOVERNANCE ( Purpose. to assess past organizational performance, develop policy that guides the organization and Council the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) HUTCHINSON FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2010 �(b) RESOURCE ALLOCATION COMMIT - FEE MEETING MINUTES FROM MARCH 3, 2010, AND APRIL 6, 2010 (c) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM MARCH 1, 2010 5�� CITY COUNCIL MINUTES —APRIL 13, 2010 *(d) LIQUOR HUTCH FIRST QUARTER FINANCIAL REPORT FOR 2010 No action required for Items 1 I (a) — 11(d). Mayor Cook suggested that perhaps the Event Center could provide statistics on usage of the facility. The Council noted that this is their first meeting with paperless packets and working off of electronic packets.. 12. MISCELLANEOUS Kent Exner — Washington/Adams project bid opening will be April 27, 2010, with consideration of awarding bid at May 11, 2010, Council meeting. Mayor Cook—Mayor Cook noted that a couple of homes /buildings are rather rundown throughout the city. Mayor Cook asked if perhaps the building inspectors could take a couple of hours a week to look for dilapidated properties that are in violation of the current nuisance housing ordinance. Marc Sebora noted that the City Administrator can send out notices to property owners and order that the property be taken care of. If not, the City can take care of the property and assess the cost to the property owner. 13. ADJOURN Motion by Arndt, second by Cook, to adjourn at 7:45 p.m. Motion carried unanimously. 0 • La—) PUBLICATION NO. 0 ORDINANCE NO. 10 -0544 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN LAND OWNED BY HAZEL M. SITZ LOCATED IN HASSAN VALLEY TOWNSHIP, SECTION 7 PURSUANT TO MINNESOTA STATUES 414.033, SUBDIVISION 2 (1) WHEREAS, the property owner is requesting that certain land be annexed to the City of Hutchinson, as legally described below, and: Lot 14 of the Auditor's Plat of Section 7, Township 116 North, Range 29 West, McLeod County, Minnesota WHEREAS, said property is unincorporated and abuts the City of Hutchinson on its northern, eastern and western boundaries, is approximately 36.8 acres in size, and is not presently served by public water or sewer facilities; and WHEREAS, the Hazel M. Sitz is the sole owner of the property, the property is not included within any other municipality, and is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statues 414.0325, and WHEREAS, the City of Hutchinson held a public hearing on April 13, 2010, and NOW, THEREFORE, the City Council of Hutchinson, Minnesota does hereby ordain: • SECTION 1. The City Council hereby determines and finds that the property is owned by Hazel M. Sitz, that the area to be annexed is approximately 36.8 acres, that the property is not included in any area that has already been designated for orderly annexation pursuant to Minnesota Statues 414.0325, and that the request complies with all of the provisions of Minnesota Statutes 414.033 Subd. 2 (3). SECTION 2. The property abuts the city limits and is about to become urban or suburban in nature and that the property is adjacent to a City of Hutchinson improvement project, and SECTION 3. The corporate limits of the City of Hutchinson are hereby extended to include the Property and the same is hereby annexed to and included within the City of Hutchinson as if the property had originally been part thereof. SECTION 4. The population of the area legally described within and hereby annexed is zero. SECTION 5. The City of Hutchinson, pursuant to Minn. Stat. 414.036, that with respect to the property taxes payable on the area legally described herein, hereby annexed, shall make a cash payment to Hassan Valley Township in accordance with the following schedule: a. In the first year following the year in which the City of Hutchinson could first levy on the annexed area, an amount equal to $ 203.06 b. In the second and final year, an amount equal to S 203.06 SECTION 6. That pursuant to Minn. Star. 414.036 with respect to any special assessments assigned by the township to the annexed property and any portion of debt incurred by the township prior to the annexation and attributable to the property to be annexed, but for which no special assessments are outstanding, for the property legally described herein, there are no special assessments or debt insurred by the township on the subject area for which reimbursement is required. SECTION T The City Administrator is directed to file copies of this ordinance with the Office of Administrative Hearings - Municipal Boundary Adjustments, Hassan Valley Township, the McLeod County Auditor, and the Minnesota Secretary of State. cv(6) Ordinance No. 10 -044 Sitz Annexation — 36.8 acres April 27, 2010 • Page 2 SECTION 8. This ordinance takes effect upon its passage and publication and the filing of the copies as directed in Section 4 and approval of the Ordinance by the Office of Administrative Hearings - Municipal Boundary Adjustments. First Reading: April 13, 2010 Final Reading and Passed: April 27, 2010 Adopted by the City Council this 27` day of April, 2010. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor C , J 11 G( )I 0 MEMORANDUM DATE: April 21, 2010 for the April 27, 2010 City Council meeting TO: Hutchinson City Council FROM: Bonnie Baumetz, Planning Coordinator SUBJECT: PRELIMINARY AND FINAL PLAT OF " HUTCHINSON MALL PLAT 3" APPLICANT: Southern Prairie Development, LLC , Property Owner Background: The property owner is requesting a 1 lot preliminary and final plat of Hutchinson Mall Plat 3 located in the Hutchinson Mall plat. The lot will be 1.45 acres and is located in the north east corner of the Mall plat. Staff met with Mr. Wurdell and discussed the parking • requirement for the Hutchinson Mall and proposed restaurant. He must be able to meet all parking requirements for both plats. Additional information is contained in the attached staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their April 20 meeting. There were no neighboring property owners objecting to the request. The property owner explained the plat and the procedure for snow removal when the plat is developed. The prospective property owner commented on the proposed development on the property and stated they will be presenting the full site plan review at the May 18, 2010, Planning Commission meeting and City Council meeting on May 25 After briefly discussing the request, and noting safety issues with the tight parking the Commission unanimously recommended approval with the following amended staff recommendations: 1. Preliminary and final plat meets the requirements of the C -4 district. 2. Must maintain minimum fire lanes and access. 3. Maintain 24 foot drive lane on the west side of the property and 24 foot drive lane near the building. 4. Provide dimension drawing of parking. 5. Gas meters on the west side of building need sufficient protection. Recommendation: The Planning Commission recommended approval of the request with the findings and conditions in the attached resolution. RESOLUTION NO. 13723 • RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT OF HUTCHINSON MALL PLAT 3 Whereas, Southern Prairie Development, LLC, property owner, has requested approval of a preliminary and final one lot plat of HUTCHINSON MALL PLAT 3, with the following legal description: Legal Description: That part of Lot I , Block 2, HUTCHINSON MALL, according to the recorded plat thereof, described as follows: Commencing at the northwest corner of said Lot I ; thence easterly, along the north line of said Lot 1 and along the south line of Lot 1, Block 1, HUTCHINSON MALL PLAT 2, according to the recorded plat thereof, 793.52 feet to a point on said south line of Lot 1, Block 1, HUTCHINSON MALL PLAT 2 a distant 180 feet west of an angle point in said south line of Lot 1, Block 1, HUTCHINSON MALL PLAT 2; thence continuing easterly, along said south line of Lot 1, Block 1, HUTCHINSON MALL PLAT 2 a distance of 180.00 feet to said angle point in the south line of Lot 1, Block 1, HUTCHINSON MALL PLAT 2; thence southerly, along the westerly line of said Lot 1, Block 1, HUTCHINSON MALL PLAT 2 and its southerly prolongation 350.00 feet; thence westerly, parallel with said south line of Lot 1, Blockl, HUTCHINSON MALL PLAT 2 a distance of 180.00 feet; thence northerly, 350.00 feet to the point of beginning. Whereas, the Planning Commission met on April 20, 2010, and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, M the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and eby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the preliminary and final plat subject to the following findings and conditions: 1. Preliminary and final plat meets the requirements of the C -4 district. 2. Must maintain minimum fire lanes and access. Maintain 24 foot drive lane on the west side of the property and 24 foot drive lane near the building. 4. Provide dimension drawing of parking. 5. Gas meters on the west side of building need sufficient protection. Adopted by the City Council this 27 day of April, 2010. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor • �0I(--)1 a�irgrr Tr�u� i�r»r� }7'r ili ,, ikUP k ih: FIu1Chhlsnn Plannine (bnlrnissinn 1'Yl 1111. 1lidU I.il i.li ?, Dtdl ", 11F111, ILiNc 1111 I 1, 1 11111 � el) il LJtY I ail - 1A11 I .l 11 -ICS ➢i %N:1f .1Lid\ FlemnlinL'. Jnh11 1MC111tL'I J[1hn O INII11. LC1111 N knllcd' C, KYIc Dilnicl', rent Esher, 101111 PIMI,1044 - '%Lek $chimhncll_ All I' (:arc Holz, 10101111 C'w'tcr- Jim PlIpp, D:III ILIlicn, Dick \age and BmIllir Ita11tticl Wvrmllls in attendance ;it hkanning �'tafp Meeting (111 hull) t)ate: 1priI 11, 111111, 1111 :kpri1 211, 10111, Phnning ( 0 Ili III issinn AI cell 111 Application: PIRI�A,INIINARN AND FINAL iLAI OF IIi I('Iil\SO\,MAI.I.PI..A1'3" Applicant: Soudlm'n I'mirie Do%clopmenl I I (' PRELIMINARY AND FINAL PLAT- IIt ITCH INS()N ,11:11.1 Ill . -kT3 The propel [y m+ [IL!!r is Iiyucsting a I lit preli III innr% ;unl I'Ina] plot of I lulehin \1:111 Plan 3 Iocnied in IhC I lutchinson Mnll plat The lul +1111 hr 1 J� and is 11 in the nunh r:lst cnrner 011110 [Mall plat, ' tLfl' nlct with 11'11- A\ 11nlCll :Intl Iliscu ,c1 1110 purkiml rCtiJIH0m0nl fur the I IutChilI NCIII anll proposed I"I'LI - MIL it rlulsl hC ❑hlc In n1C'CI all patkimg rryuitolICIl s for bath plats, " 1�4�3 I y -i:' " 1 P t it t :IA In the I)otjCk a�` 4� I F� t � � at� y f I '•�� �..._ .. 91 - R CAE FROAG SW _. - f fr LLJ i AREA TO IA I A� l--- A �— 1( � _. 4 it t :IA In the I)otjCk a�` 4� I F� t � � at� y f I '•�� �..._ - R CAE FROAG SW _. - f 1( � _. 4 Preliminary and Final Plat Hutchinson Mall Plat 3 • Planning Commission - 4/20110 Page 2 GENERAL INFORMATION Existing Zoning: C -4 (Fringe Commercial) Property Location: 1060 Hwy 15 S Lot Size: 1.45 acres Existing Land Use: Hutchinson Mall parking lot Adjacent Land Use And Zoning: C -4, R -3 (Medium — High Density Residential), R -2 (Medium Density Residential) and C -2 (Automotive Service Commercial) Comprehensive Land Use Plan: Urban Commercial Design Zoning History: The Hutchinson Mall plat was approved in 1980. There was also a parking variance approved in 1980 which required 5.5 spaces per 1000 sq. ft. of gross leasable area. Applicable Regulations: Sections 153.136 - 153.151, Municipal Code Analysis and Recommendation: Preliminary and final plat: The property owner is requesting a 1 lot preliminary and final plat of Hutchinson Mall Plat 3 located in the Hutchinson Mall plat. The lot will be 1.45 acres and is located in the northeast corner of the Mall plat. Parking: He must be able to meet all parking requirements for both plats. There are 141 additional parking spaces shown on the preliminary plat. The surveyor's parking note states there were 666 total parking spaces available prior to the proposed plat. There will be 135 spaces lost with the proposed plat which leaves a total of 672 parking spaces. There was a parking variance approved in 1980 which required 5.5 spaces per 1000 sq. ft. of gross leasable area. Mr. Wurdell informed • us there is 121,000 sq. ft. of gross leasable area in the Hutchinson Mall. Staff calculates the number of spaces required as 665.5 spaces. Ut)1 Preliminary and Final Plat Hutchinson Mail Plat 3 • Planning Commission - 4/20110 Page 3 The parking requirement for the proposed plat will be determined by the use on the lot. At this time, the assumed use is for a 5100 sq. ft. restaurant. Parking calculations for restaurants are I space per table and/or 1 space per 2 stools. The parking requirements must be met for any use on Lot 1, Block 1, Hutchinson Mall Plat 3, in order to approve a site plan. A site plan review by the Planning Commission and Council will be required before a building pctntit will be issued fut future uunAtuction on the site. Tllere is a 66 foot easement across Qle southwest corner and a 50 foot dedicated easement across the southeast end of the platted lot. Buildings may not be constructed over easement areas. Staff reviewed the request to plat at the Planning Staff meeting on April 5th and recommends approval of the plat with the following recommendations: 1. Preliminary and final plat meets the requirements of the C -4 district. 2. Old pavement on the west side of the lot may not be extended to accommodate the new parking arrangement. 3. Must maintain minimum fire lanes and access. 4. Maintain 24 foot drive lane on the west side of the property and 30 foot drive lane near the building. 5. Provide dimension drawing of parking. 6. Gas meters on the west side of building nelufficient protection. Cc: Gus Wurdell, Southern Prairie Development, P.O. Box 263, Hutchinson MN 55350 (p CC-) I 0 0 0 V HUTCHINSON MALL PLAT 3 Z m PRELIMINARY PLAT / / I �'d ✓ d d Q L , ` — o C SAN BLOC ,. -L - z Y ,J '- {(JTCHIN us, wlss ' --- -� ± - ^ pLA 2 _ >u�vna xarz � — � ��I «.w a a t ✓✓ d ; J \✓ d I • J ! d III n I I� 1 I W a a @ a d I I V a s ` dl ndr R ✓ 7iii� j l z v r V z t I . w.r...� I ' ♦ �{��� j,bll ! i `-. ✓I iils LOT I Z ✓ / J`_ KLOCKA srww rnol -- ____ __ ----- ci J d BL"-2/ ___ _________ T HUTCHINSON MALL �___' ------------- I 1 j q \ ' i I 1 J lacwo j J I ' � �,��������� "� +�� ✓ ✓ d dw �. r m rw L a e I 9s =ercc. RUNNINGS •u•^ I, 1� _^�,_� rv+. .«.uw Z[�'UN4- HfAYM[OIYYEACVL O51PICf CftYwrcw rm Mao34 vul Mnblal vF ur.iuvc y I •rnurWUro. rw imiui. 101 MISIMEYENI3 0.11DK 4ia4'R RM P-q J W 1. BxY 21MNEg11Wl :wiq 1e W mnrf gv11NM. W p..nr ru+ ° a +Wr � � ` uwmum -Ibr anq meuaM-]a wn r«nmmMngWwlrn�smaW W�: uxsr w�r!l �._aM+eWmuWa W.q�mt m+ � �...�r ..�.•�• .n. r.... ��C �_r lv W.aere�u Ywa. 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BLOCK 2 5� 11 DATE: April 21, 2010 for the April 27, 2010 City Council meeting TO: Hutchinson City Council FROM: Bonnie Baumetz, Planning Coordinator SUBJECT: PARKING LOT VARIANCE LOCATED AT 405 CALIFORNIA STREET N.W. APPLICANT: Dr. John Froning, Property Owner Background: The property owner is requesting a variance to allow a zero foot setback to the property line for replacement of an existing parking lot at the Animal Medical Center building. He states the parking lot is in need of repair and would like to replace it up to the property lines on the north and west. The parking lot setback requirement in the C -4 district is 6 feet from the interior lot line and 10 feet from the street right of way. Dr. Froning states the unique circumstance as: "The lot is narrow and equate parking cannot be achieved if we reduce the size of the parking lot to comply with the ning ordinance setbacks." He states the hardship as: "We are not able to meet the minimum number of required parking spaces and we will have inadequate parking spaces for staff and clients. Without the variance and following the minimum requirements for off - street parking, we will have only 11 spaces. The variance would allow 19 spaces. (10 staff and 9 clients)." Additional information is contained in the attached staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their April 20 meeting. There were no neighboring property owners objecting to the request. The property owner commented on the need for extending the parking lot to the property line. He will be repaving the entire lot including the cement driveway. The Planning Commission discussed the need for curbing along the west property line to delineate the parking area from the boulevard. After discussing the request, the Commission unanimously recommended approval with the following amended staff recommendations: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness. The characteristics of the property were not created by the applicant and the proposed parking lot would not alter the character of the locality. 2. Provide a curb or temporary curb stop /portable concrete barriers along the west side of the parking lot to prevent cars from parking into the boulevard. 3. Overlay parking spaces on plan prior to issuing a permit. 4. Restore boulevard to grass coverage. ecommendation: The Planning Commission recommended approval of the request with the findings and conditions in the attached resolution. (C', a REVISED RESOLUTION NO. 13724 RESOLUTION APPROVING A VARIANCE TO ALLOW REPACEMENT OF EXISTING PARKING LOT UP TO PROPERTY LINES AT ANIMAL MEDICAL CENTER INC., 405 CALIFORNIA STREET N.W., REQUESTED BY JOHN FRONING, PROPERTY OWNER Whereas, Dr. John Froning, property owner, has requested approval of a variance to allow a zero foot setback to the property line for replacement of an existing parking lot at the Animal Medical Center building with the following legal description: That part of the Southeast Quarter of the Southwest Quarter of Section Thirty -six (36) in Township One Hundred and Seventeen (117) North of Range Thirty (30) West, described as follows, to -wit: Commencing at the Northeast Corner of the Southeast Quarter of the Southwest Quarter of said Section 36, thence Southerly along the East line of said Southeast Quarter of the Southwest Quarter a distance of 244.0 feet to the point of beginning of the tract to be described, the same being a point of the Northerly 75 foot Right -of- way line of Minnesota Trunk Highway No. 22; thence continuing Westerly along said Right -of -way line, 100 feet; thence Northerly on a line parallel to the East line of said Southeast Quarter of the Southwest Quarter, a distance of 200 feet; thence continuing Easterly to a point on the East line of the said Southeast Quarter of the Southwest Quarter, to a point, said point being 200 feet North of the point of beginning of the tract herein described: thence Southerly along the East line of said Southeast Quarter of the Southwest Quarter, a distance of 200 feet to the point of beginning. Whereas, the Planning Commission met on April 20, 2010, and held a public hearing on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the variance, subject to the following findings and conditions: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the irregularly shaped lot and that the footprint of the building will not be expanded. The characteristics of the property were not created by the applicant and the proposed parking lot would not alter the character of the locality. 2. Provide a curb or temporary curb stop /portable concrete barriers along the west side of the parking lot to prevent cars from parking into the boulevard. 3. Overlay parking spaces on plan prior to issuing a permit. 4. Restore boulevard to grass coverage. Adopted by the City Council this 27` day of April, 2010. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor � <<)3L-�' 0 RESOLUTION NO. 13724 RESOLUTION APPROVING A VARIANCE TO ALLOW REPACEMENT OF EXISTING PARKING LOT UP TO PROPERTY LINES AT ANIMAL MEDICAL CENTER INC., 405 CALIFORNIA STREET N.W., REQUESTED BY JOHN FRONING, PROPERTY OWNER Whereas, Dr. John Froning, property owner, has requested approval of a variance to allow a zero foot setback to the property line for replacement of an existing parking lot at the Animal Medical Center building with the following legal description: That part of the Southeast Quarter of the Southwest Quarter of Section Thirty -six (36) in Township One Hundred and Seventeen (117) North of Range Thirty (30) West, described as follows, to -wit: Commencing at the Northeast Corner of the Southeast Quarter of the Southwest Quarter of said Section 36, thence Southerly along the East line of said Southeast Quarter of the Southwest Quarter a distance of 244.0 feet to the point of beginning of the tract to be described, the same being a point of the Northerly 75 foot Right -of- way line of Minnesota Trunk Highway No. 22; thence continuing Westerly along said Right -of -way line, 100 feet; thence Northerly on a line parallel to the East line of said Southeast Quarter of the Southwest Quarter, a distance of 200 feet; thence continuing Easterly to a point on the East line of the said Southeast Quarter of the Southwest Quarter, to a point, said point being 200 feet North of the point of beginning of the tract herein described; thence Southerly along the East line of said Southeast Quarter of the Southwest Quarter, a distance of 200 feet to the point of beginning. ereas, the Planning Commission met on April 20, 2010, and held a public hearing on the request and nsidered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the variance, subject to the following findings and conditions: The standards for granting a variance have been met, including the finding of undue hardship and uniqueness. The characteristics of the property were not created by the applicant and the proposed parking lot would not alter the character of the locality. Provide a curb or temporary curb stop /portable concrete barriers along the west side of the parking lot to prevent cars from parking into the boulevard. Overlay parking spaces on plan prior to issuing a permit. Restore boulevard to grass coverage. Adopted by the City Council this 27"' day of April, 2010. ATTEST: y D. Plotz City Administrator Steven W. Cook Mayor tllc� DIRECTORS REPORT - PLANNING DEPARTMENT • To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: April 13, 2010, for April 21, 2010, Planning Commission Meeting Application: VARIANCE TO ALLOW PARKING LOT UP TO THE PROPERTY LINE AT 405 CALIFORNIA STREET N.W., ANIMAL MEDICAL CENTER Applicant: Dr. John Froning, property owner VARIANCE The property owner is requesting a variance to allow a zero foot setback to the property line for replacement of an existing parking lot at the Animal Medical Center building. He states the parking lot is in need of repair and would like to replace it up to the property lines on the north • and west. The parking lot setback requirement in the C -4 district is 6 feet from the interior lot line and 10 feet from the street right of way. Dr. Froning states the unique circumstance as: "The lot is narrow and adequate parking cannot be achieved if we reduce the size of the parking lot to comply with the zoning ordinance setbacks." He states the hardship as: "We are not able to meet the minimum number of required parking spaces and we will have inadequate parking spaces for staff and clients. Without the variance and following the minimum requirements for off - street parking, we will have only 11 spaces. The variance would allow 19 spaces. (10 staff and 9 clients)." The parking calculations are based on the ordinance requirement of 5.5 spaces per 1,000 sq. ft. for commercial use and 1 space per 2,000 sq. ft. of storage use would be 20 spaces required for this building. Approximately 3,400 sq. ft. is the commercial use or veterinary clinic = 19 spaces and approximately 1700 sq. ft. of the building is storage = 1 space. Present parking encroaches onto a triangular lot to the north owned by Hutchinson Utilities. The variance is for the lot at 405 California Street N.W. G(C)a. Variance 405 California Street N.W. Animal Medical Center Planning Commission — April 20, 2010 Page 2 B n M H + W s f -- aa`? X11 1 al tl I I tip + I — ; 91s x ms �a 1 ` lT r SAVLNW q I• `k II L/ (, I EI GENERAL INFORMATION Existing Zoning: C -4 (Fringe Commercial) Property Location: 405 California Street N. W. Lot Size: .4 acres Existing Land Use: Veterinary Clinic Adjacent Land Use And Zoning: C -4 with C -2 (Automotive Service Commercial) to the west Comprehensive Land Use Plan: Commercial Zoning History: In 1980, a conditional use permit was granted to allow remodeling of a non - conforming building and a variance was granted to reduce setbacks for construction of an addition onto a nonconforming building. In 1985, the building official required a curb be provided to prevent cars from (C ({ )c)- TFXA Y Q 1135 �� •• N ; 91s x ms �a 1 ` lT r SAVLNW q I• `k II L/ (, I EI GENERAL INFORMATION Existing Zoning: C -4 (Fringe Commercial) Property Location: 405 California Street N. W. Lot Size: .4 acres Existing Land Use: Veterinary Clinic Adjacent Land Use And Zoning: C -4 with C -2 (Automotive Service Commercial) to the west Comprehensive Land Use Plan: Commercial Zoning History: In 1980, a conditional use permit was granted to allow remodeling of a non - conforming building and a variance was granted to reduce setbacks for construction of an addition onto a nonconforming building. In 1985, the building official required a curb be provided to prevent cars from (C ({ )c)- Variance 4115 ( alfforrija Sorut N.W. Animal Medical Center is 1 1 holijin-Cionmiksimi ApriiZO.2010 1%igq 3 extending onto City property. Hie parking lot was hardstirfaced in 1 990. At that Lillie, the zoning regulations allowed parking lots up it) the properiv line in commercial districts. Applicable Regulations: Sections 154.064 and 154,167, klmn6pat Code Analysis and Recommendation: Me property owner is requesting a variance to allow a zero foot setback to the property line for replacement of an existing parking lot at the Animal Medical Center building. In order to grant a variance, the request must meet the standards for granting a variance, including a finding of undue hardship. Undue hardship is a legal standard set forth in MN Statute that means that the property cannot be put to a reasonable Use Without the variance. This factor means the landowner would like to use the property in a particular reasonable manner but cannot (to so under the rules of the ordinance. It does not mean the land cannot be put to any reasonable use whatsoever without the variance. the second undue hardship factor is the plight of the landowners is due to cireurristalice. unique to the property not created by the landowner. "the uniqueness generally applies to physical characteristics of the property and riot to personal considerations of the landowner. Economic consideration alone shall not constitute all undue hardship if reasonable use for the property exists under the terms of the ordinance. Thirdly, the variance, it'granted, will not after the essential character of the locality. Dr. Ironing states the unique circumstance is: "The lot is narrow and adequate parking cannot be achieved if we reduce the size of the parking lot to comply with the zoning ordinance setbacks." Ile states the hardship as: "We are not able to meet the minimum number of required parking spaces and we will have inadequate parking spaces for staff and clients. Without the variance and following the minimum requirements tbr offstreel parking, we will have only I I spaces_" Staff would recommend approval of the variance based on the hardship the property owner has in riot meeting the parking requirement. for staff and clients with the following recommendations: I. The standards for granting a variance have been met- including the finding of undue hardship and uniqueness. 'I he characteristics of the property were not created by the applicant and the proposed parking lot would not alter the character ofthe locality, 1 provide a curb along, the west side of the parking lot to prevent cars from parking into the boulevard. ()verlay parkittg on plan prior it iAskiiny a perillit, Cc: Dr John Vioninp, 40 California St. NAV. r N � •t O o CAIIFOEZt�11A ST EZEN 0 1) � f � 0 Y a z< 5p a_ • F� ! r. 1 O O ..... zoo .00• "' .... SE \(4 0{ SV( 114 0 o s J fi Curb ;.. ...._ 200.00..... �'� Pnr a \ \e\ v+:�Fh cas4 \: rat a4 SE \!i oS SW \Iq y. 9 '•. f 1 m 5 O e 0 1) � f � 0 Y a z< 5p a_ • F� ! r. 1 O O ..... zoo .00• "' .... SE \(4 0{ SV( 114 0 o s J fi MEMORANDUM DATE: April 21, 2010 for the April 27, 2010 City Council meeting TO: Hutchinson City Council FROM: Bonnie Baumetz, Planning Coordinator SUBJECT: CONDITIONAL USE PERMIT TO RELOCATED EXISTING LIFE LINK TRAILER AT THE HUTCHINSON AIRPORT APPLICANT: City of Hutchinson , property owner Background: The Life Link trailer located at the Hutchinson Airport will be relocated 41 ft. from the new Life Link aircraft hanger building and 11 ft. from the Civil Air Patrol building to address Building Code regulations snow load issues as described in the March 1, 2010, correspondence to Gary Plotz from Mr. David ings, Building Code Representative, MN Department of Labor and Industry. (See attached letter) Additional information is contained in the attached staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their April 20 meeting. There were no neighboring property owners objecting to the request. John Olson, Public Works Manager, explained the initial design for the placement of the trailer and the issues of fire walls and snow loads. The relocation of the trailer will address both issues. After briefly discussing the request, the Commission unanimously recommended approval with staff recommendations. Recommendation: The Planning Commission recommended approval of the request with the findings and conditions in the attached resolution. • ce (C�3 443 Lafayette Road N. • St. Paul, Minnesota 55155 www.doli.state.mn.us March 1, 2010 MINNESOTA DEPARTMENT OF (651) 284 -5005 1 -800- DIAL -DLI LABOR & INDUSTRY TTY: (651) 297 -4198 Mr. Gary Plotz City Administrator City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 RE: Hutchinson Municipal Airport Setbacks Dear Mr. Plotz: Doug Nord, Supervisor of Regional and Administrative Services, has asked me to respond to the questions you raised regarding building setbacks at the Hutchinson Municipal Airport. • A site plan dated May 12, 2009, along with a "building code summary" prepared by TKDA were submitted as support documentation. After reviewing the site plan and code summary, I concur with the following: -As proposed, the Life Link trailer will be relocated 41 -ft. from the new LifeLink aircraft hanger building. To determine exterior wall and opening protection, an imaginary property line will be Iocated 30 -ft. from the new hanger building and 11 -ft from the relocated trailer. International Building Code (IBC) section 412.2 requires exterior aircraft hanger walls located less than 30 -ft. from lot lines or a public way to have a fire - resistance rating of not less than 2- hours. Establishing the imaginary property line 30 -ft. from the new LifeLink hanger negates the need to make the adjacent exterior hanger wall 2 -hour rated. Based on IBC Table 602, the Life Link trailer exterior wall is not required to be fire -rated when located 11 -ft. from the imaginary property line. -After being relocated, the LifeLink trailer will also be 11 -ft. from the Civil Air Patrol building. In the building code summary, TKDA has proposed to use IBC 503.1.2 to regulate the LifeLink trailer and Civil Air Patrol building as a single structure for the purposes of determining area, height and stones. TRC 704 9 erreption allows the building to be regulated as a single structure for exterior wail and opening protection. Both buildings are classified as type V -B construction with an aggregate area of 2,950 sq. ft. For occupancy classification purposes, the LifeLink trailer and Civil Air Patrol will be classified as group "R -3" and "B" respectively. Based on the information submitted, the buildings will comply with IBC 503.1.2 and 7043 and no exterior wall rating is required • between the buildings. CU (c)3 C� • -I agree that separating the buildings as shown on the site plan resolves snow load issues due to drifting. If you have any additional questions regarding this interpretation please contact me at 651.284.5866. Sincerely, C 21� aci Krings Building Code Representative Construction Codes and Licensing Division Cc Lenny Rutledge Doug Nord This Information can be provided to you in alternative Formats (Braille, large print or audio tape). • An Equal Opportunity Employer 0 RESOLUTION NO. 13725 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW RELOCATION OF THE LIFE LINK TRAILER LOCATED AT 1732 BUTLER FIELD DR. S.W. HUTCHINSON AIRPORT PROPERTY Whereas, the City of Hutchinson, property owner, is requesting a conditional use permit to relocate the Life Link trailer at the Hutchinson Airport with the following legal description: Legal Description: Part of the Northeast Quarter (NE '/4 ) of Southeast Quarter (SE '/4 ) of Section 13, Township 116 North, Range 30 West, McLeod County, Minnesota, and more particularly described as follows: Beginning at point on the North line of said Northeast Quarter (NE '/ ) of Southeast Quarter (SE ' /4), and point being the intersection of the Westerly 75' foot right -of -way line of Minnesota State Trunk Highway No. 15 with said North line of Northeast Quarter (NE '/ ) of Southeast Quarter (SE Y4), thence Westerly along said North line of Northeast Quarter (NE Y4 ) of Southeast Quarter (SE '/4 ) a distance of 1259.80 feet; thence deflect left at an angle of 117 degrees 22 minutes a distance of 743.17 feet; thence deflect left at an angle of 62 degrees 38 minutes and along a line parallel with the North line of said Northeast Quarter (NE 1 /4 ) of Southeast Quarter (SE ' /4) a distance of 915.20 feet to the said Westerly 75 foot R.O.W. line of T.H. 15; thence Northerly along said R.O.W. 660.00 40 to the point of beginning. Tract contains 16.50 acres more or less. Whereas, the Planning Commission met on April 20, 2010, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following finding: The standards for granting a conditional use permit have been met. Adopted by the City Council this 27` day of April, 2010. ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor �p C DIRECTORS REPORT - PLANNING DEPARTMENT 0 To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: April 13, 2010, for April 21, 2010, Planning Commission Meeting Application: CONDITIONAL USE PERMIT TO RELOCATE LIFE LINK TRAILER AT THE HUTCHINSON AIRPORT Applicant: City of Hutchinson, property owner CONDITIONAL USE PERMIT 0 The LifeLink trailer located at the Hutchinson Airport will be relocated 41 ft. from the new LifeLink aircraft hanger building and 11 ft. from the Civil Air Patrol building to address Building Code regulations and snow load issues as described in the March 1, 2010, correspondence to Gary Plotz from Mr. David Krings, Building Code Representative, MN Department of Labor and Industry. (See attached letter) GENERAL INFORMATION Existing Zoning: Property Location: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: I/C (Industrial/Commercial) 1732 Butler Field Dr. S.W. Airport C -4 (Fringe Commercial) and out of City limits Public Zoning History: Applicable Regulations: • Analysis and Recommendation: A conditional use permit was approved in 2005 to allow for a private airport related company (Life Link) to place a temporary trailer on airport property Section 154.066 The airport is located in the I/C zoning district. The purpose of the I/C district in Section 154.066 states: U C C- -�3 Planning Commission — 4 -20 -10 Hutchinson Airport — Conditional Use Permit • Life Link trailer Page 2 § 154.066 I /C, INDUSTRMLICOMMERML DISTRICT. (A) Purpose. It is the purpose of the 11C district to allow for development of areas where there is a transition in use occurring, but sites are not available which would allow for compliance with other district requirements. Industrial or commercial development will be allowed only as a conditional permitted use to: (1) Ease land use transition; (2) Control development so that it is compatible with surrounding property; and (3) Establish dimensional requirements on an individual basis. (B) Permitted uses. (1) TFtez�t�ie nvp�rzrr# edGapt reipef�u�se�ptrt�ae,I!��t�??�t. The following are standards for granting a conditional use permit: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public • convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Staff would recommend approval of the conditional use permit with the following recommendations: The standards for granting a conditional use permit would be met. Cc: John Olson, Hutchinson Airport co CCU • • 0 ^330 60 120 SCALE I� NORTH j �jc /". i r j /l 4 TAMWAY A T T f APRON lA.P. ... Cf516NE0 INEPfOY fPRTfY i1Mi TW51iM1 5WF➢IAFJ BY NE ��� : OR VNCER Ni pREGi yJPERNSIM M� TMi I MI/. qRY TH ST4TF O F NW Q A E IeYEEV IMaCEA IMF IA WS Ci wY ENGINEERS•ARCHITE i 4 TAMWAY A T T f APRON lA.P. ... Cf516NE0 INEPfOY fPRTfY i1Mi TW51iM1 5WF➢IAFJ BY NE ��� : OR VNCER Ni pREGi yJPERNSIM M� TMi I MI/. qRY uccc � 4 EXls - nNQ CONDITIONS TH ST4TF O F NW Q A E IeYEEV IMaCEA IMF IA WS Ci wY ENGINEERS•ARCHITE - VG M. NniE BV CESClJCi1CN CG PENLMG uccc � 4 EXls - nNQ CONDITIONS _l f F I❑ / rewwe 0 30 60 120 (�) I SCALE I� NORTH � 6� T T T T T T 1 1 HUTCHINSON MUNICIPAL AIRPORT I TRAILER /RO ADWAY RELOCATION iazsa HCD aERS CITY OF HUTCHINSON, MINNESOTA 2009 CAPITAL IMPROVEMENT PROGRAM FXBF (C-)3 0 MEMORANDUM DATE: TO: FROM: SUBJECT: APPLICANT: Background: April 21, 2010 for the April 27, 2010 City Council meeting Hutchinson City Council Bonnie Baumetz, Planning Coordinator REZONE RECENTLY ANNEXED 5.6 ACRES EDA PROPERTY FROM R -1 TO 1 -1 Hutchinson Economic Development Authority, property owner The vacant property is in the industrial area of the City and the EDA is asking to rezone to 1 -1 (Light Industrial Park). Additional information is contained in the attached staff report and attachments. C anning Commission Meeting: The Planning Commission held a public hearing and considered the request at their April 20 meeting. There were no neighboring property owners objecting to the request. The Commission reviewed the proposed rezoning for consistency with the Comprehensive Plan and the purpose of the Zoning Ordinance: " It is the purpose of the t -1 district to create industrial areas that will be acceptable within the city and will not adversely affect adjacent business or residential neighborhoods. " After briefly discussing the request, the Commission unanimously recommended approval with staff recommendations. Recommendation: The Planning Commission recommended approval of the request with the findings and conditions in the attached resolution. L J Co (C-�)q • RESOLUTION NO. 13726 RESOLUTION APPROVING A REZONING OF 5.6 ACRES OWNED BY HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY FROM R- (SINGLE FAMILY RESIDENTIAL) TO I -1 (LIGHT INDUSTRIAL PARK) Whereas, Hutchinson Economic Development Authority, property owner, has requested approval to rezone property from R -1 (Single Family Residential) to I -1 (Light Industrial), with the following legal description: Legal Description: That part of the West Half of the Northeast Quarter of Section 5, Township 116 North, Range 29 West, McLeod County, Minnesota, described as follows: Beginning at the intersection of the east line of said West Half of the Northeast Quarter with the south line of McLeod County Highway Right of Way Plat No. 47, according to the recorded plat thereof, thence southerly, along said east line 565.94 feet to the northerly line of the Railroad right of way in said West Half of the Northeast Quarter; thence westerly, along said northerly line of the Railroad right of way 445.13 feet to the centerline of Arch Street as shown on said McLeod County Highway Right of Way Plat No. 47 (formerly the Glencoe and Hutchinson Road); thence northwesterly, along said centerline 74.78 feet to the southeasterly corner of Hutchinson Fifth Avenue Industrial Park, according to the recorded plat thereof, thence northerly, along the east line of said Hutchinson Fifth Avenue Industrial Park 536.25 feet to said south line of McLeod County Highway Right of Way Plat No. 47; thence easterly, along said south line to the point of beginning. Whereas, the Planning Commission met on April 20, 2010, and held a public hearing on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the request, subject to the following findings and conditions: 1. The rezoning to I -1 would be consistent with the industrial land use guiding the Comprehensive Plan and the intent of the I -1 zoning district in the Zoning Ordinance. 2. The property is proposed to be developed as an industrial use. Rezoning would allow the proposed use to be developed as an industrial use. Adopted by the City Council this 27" day of April, 2010 ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor I] Cc (C)q PUBLICATION NO. ORDINANCE NO. 10 -0547 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, TO REZONE A 5.6 ACRE PROPERTY FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO I -1 (LIGHT INDUSTRIAL PARK), REQUESTED BY HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY FOR PROPERTY LOCATED EAST OF CUSTOMER ELATIONS,1150- 5 T1 AVENUE S.E. THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to rezone the property from R -1 (Single Family Residential).to I -1 (Light Industrial Park) Section 2. That the property to be rezoned to I -1 (Light Industrial Park) is described as follows: That part of the West Half of the Northeast Quarter of Section 5, Township 116 North, Range 29 West, McLeod County, Minnesota, described as follows: Beginning at the intersection of the east line of said West Half of the Northeast Quarter with the south line of McLeod County Highway Right of Way Plat No. 47, according to the recorded plat thereof; thence southerly, along said east line 565.94 feet to the northerly line of the Railroad right of way in said West Half of the Northeast Quarter; thence westerly, along said northerly line of the Railroad right of way 445.13 feet to the centerline of Arch Street as shown on said McLeod County Highway Right of Way Plat 46e o. 47 (formerly the Glencoe and Hutchinson Road); thence northwesterly, along said centerline 74.78 et to the southeasterly corner of Hutchinson Fifth Avenue Industrial Park, according to the recorded plat thereof; thence northerly, along the east line of said Hutchinson Fifth Avenue Industrial Park 536.25 feet to said south line of McLeod County Highway Right of Way Plat No. 47; thence easterly, along said south line to the point of beginning. Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this I V day of May, 2010. ATTEST: Gary D. Plotz, City Administrator Steven W. Cook, Mayor u �c CCU Lt DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: April 13, 2010, for April 21, 2010, Planning Commission Meeting Application: REZONE EDA PROPERTY (5.6 ACRES) LOCATED EAST OF 1150 5 AVE. S.E. FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO I -1 (LIGHT INDUSTRIAL PARK) Applicant: Miles Seppelt, Hutchinson Economic Authority REZONE 'rhe vacant property is in the industrial area of the City and the EDA is asking to rezone to I -1 (Light Industrial Park). ^ ''-rib d in the r l e ama ni& m nas I �d I 3 E }F AREA TO BE yQf�� Planning Commission Hutchinson F.DA is Rezone Pa a Existing Zoning: Property Location: t.ot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Analysis and Recommendation: 4-20-10 GENERAL INFORMATION R -1 (Single Familv Residential) Fast of 1 150 -5 "' Ave. S.I. 5.5 acres Vacant 1 -1 and ootofCity limits Industrial The property was annexed to the City of Hutchinson on March 13, 2010. property comes into the City as R -I (Single Family Residential). Section 154.168 In considering a rezoning request, Staff have reviewed the proposed rezoning for consistency with the Comprehensive Plan and the purpose of the Zoning Ordinance. The purpose and permitted and conditional uses of the 1-1 District are as follows: 134.067 I -1, LIGHT INDUSTRIAL PARK DISTRICT. (A) Purpose. It is the purpose of the i -1 divrict to create industrial oreas that will be acceptable within the city and will not adversel cr feel adjacent business or resiclentiol neighborhoods. Inchrstrial establishments .should be either: (1) Those whose operations are relatively fi ee from objectionable injiuences, or (2) Those whose objectionable features will be obviated by design or appropriate devices. (B) Permitted uses. Within nn I -I district, unless otherwise provided by this chapter, no uses are permitted except for the following (1) itfanttfirctu ring: any light nu muiacmring or process including repairs, assemblin fabricating, altering converting, finishing. processing, heating testing, packaging or bottling, except ant' use or process hereina�ier speci/icall excluded or which would not be in keeping wilh the purpose of the district as stated above. This determination shall be mode b the Plaimm, Commission upon review of the building permit application VtImrlarturill includes the Nlot(we o/good.N or n111101als related m the muntr/ircluu ing process. (C) Ll Planning Commission -4-20-10 Hutchinson VIM • Rezone Page 3 (-,) (i//ice), (3) Ol ice- showroom buildings: (-l) Warehousing. storage and wholesaling'. the storage, handling and dish ihution of goods and materials I'm relail. wholesale or on -.site use, etcept any hazardous combustible materials or /lammahle liquids or gases. This classification does not include truck lerminuis, ("5) Vocolional and technical schools: (0) Pawnbroker establishments. and (') Massage services esstablishmeots. (C) Conditional uses. 1) Motor vehicle hodv shops, (2) Dog kennels; (3) Bulk slot age ofliquid, (9) Athletic clubs, 0 (5) Restaurants, (6) Recyclable material collection center, (7) Grain elevcuors; (8) Tattoo establishments and adult- oriented businesses, (9) .Storage units, and (10) ,Schools. Staff reviewed the rezoning request at the Planning staff meeting on April 5 "' and recommended rezoning the property from R -I to I -L Staff would recommend approval of the request with the following findings and recommendations: 1. The rezoning would be consistent with the Comprehensive Plan and the intent of the f -i zoning district in the Zoning Ordinance. I The property is proposed to be developed as an industrial use. Rezoning would allow the proposed use to be developed as an industrial use. 0 Cc: Miles Seppelt cC G eew V i �LT BLOCK I Via= L Dls�gtc� ¢ s �i LOT 7 Iy e i x C AREA-M07 Acres \ z O NUTCHMlSOH UiLRIES C(MM6SION nu OF P� JDUSTRIAL _ _ BOULEVARD _ YSQH syfcT a.5ET Z-FAY P NL. • o O i FIP(LINE ERSEI,) 76 R F (Do W W. b 0 EW LOCK 3�_ 2 A - -- —_ — • - - - -- -- - - -.`— D JSr_n I l'� S I I T� 031 JCK I T --------------"----- 50 1A4-. +. N88'37'12'E 823.71 -- -- .07 a j 9, OF I rD� I I I I I � EXCEPTION I A ti,BNUE T CHINSON FIFTH �� HUT iE BLOCK I 1 j FIFTH AVENUE SE WtCOO COUNTY HIGHWAY R)GHT OF WAY INDU STRIAL z LOT 14 BLOCK 2 R 1 llb i � ST . 2 N �.-1 PFi O -1 MT MO..) — S80 AT NO, 47 �. f S AC'ccs P G cc -b S -1 I- — �Ii3 J- 331J8— - .1 MCLE 00 COUNTY REGIONAL FAIL - ^- UTHORITY I s n j 6N, R29V I (c)H S I �-'— tI 16n. F29W z5 I� f: Y h7,4 R RLY'S mm COUNTRY 1 rw. FS'T4TF9 S d pw a s...we adau inea. nzw �ilrN. uv✓ I PCF.K II ,, ; S na,Y�a'v "c sor.eo�wo,r ue,rr�w JC� ^rL 1 � �.:.°, �Y•U "Y d'7.73 .. f v-cv _. _..� _R -c -- •• I LEXISMG G/5 PVEIINE EASFUfNT J (R.cuOw n BM 13! N IF.c. Pro. N1 e. h IM 2JJ3)4) GO?\D 'ADD .w0 G eew V i �LT BLOCK I Via= L Dls�gtc� ¢ s �i LOT 7 Iy e i x C AREA-M07 Acres \ z O NUTCHMlSOH UiLRIES C(MM6SION nu OF P� JDUSTRIAL _ _ BOULEVARD _ YSQH syfcT a.5ET Z-FAY P NL. • o O i FIP(LINE ERSEI,) 76 R F (Do W W. b 0 EW LOCK 3�_ 2 A - -- —_ — • - - - -- -- - - -.`— D JSr_n I l'� S I I T� 031 JCK I T --------------"----- 50 1A4-. +. N88'37'12'E 823.71 -- -- .07 a j 9, OF I rD� I I I I I � EXCEPTION I A ti,BNUE T CHINSON FIFTH �� HUT iE BLOCK I 1 j FIFTH AVENUE SE WtCOO COUNTY HIGHWAY R)GHT OF WAY INDU STRIAL z LOT 14 BLOCK 2 R 1 llb i � ST . 2 N �.-1 PFi O -1 MT MO..) — S80 AT NO, 47 �. f S AC'ccs P G cc -b S -1 I- — �Ii3 J- 331J8— - .1 MCLE 00 COUNTY REGIONAL FAIL - ^- UTHORITY I s n j 6N, R29V I (c)H S I �-'— tI 16n. F29W z5 I� f: Y • April 21, 2010 Dear City Council Members, I would like to nominate Stacey Nass to fill the vacancy on the Library Board created with the resignation of Yvonne Johnson. Stacy is an avid user of the Hutchinson library and has been involved in the Hutchinson Community Leadership Development program. Talking to head librarian Mary Henke, the library board recognizes and appreciates Stacy's interest in the library. The board also felt Stacey's appointment would continue the valuable link to Ridgewater College that Yvonne had provided previously. I would appreciate your approval of Stacy's appointment Sincerely, Mayor Steve Cook • • (,(d) 0 TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Items for Adams St. & Washington Ave. Reconstruction Project (Letting No. 1/Project No. 10 -01) DATE: Apri127, 2010 Bids will be received on Tuesday, April 27` and appropriate Resolutions and Notices will be prepared (final project documents to be provided at the April 27` meeting) in anticipation of the Assessment Hearing and Project Award at • the May I I" City Council meeting. City staff has received very little feedback from property owners adjacent to the project since the Neighborhood Meetings and Public Hearing. Also, City staff has reviewed and revised McLeod County's standard project cooperative document to correspond with specific project details. At this point, the City Attorney has reviewed this information, and the McLeod County Board of Commissioners will be considering this agreement at their May 4" meeting. We recommend that the attached Resolutions and Notices be approved. cc: Gary Plotz, City Administrator r1 U U (e) . PROJECT COOPERATIVE AGREEMENT FOR CONSTRUCTION ON COUNTY STATE AID HIGHWAY 25 AND WASHINGTON AVENUE EAST IN HUTCHINSON MN THIS PROJECT COOPERATIVE AGREEMENT FOR CONSTRUCTION ON COUNTY STATE AID HIGHWAY 25 AND WASHINGTON AVENUE EAST IN HUTCHINSON MN, ( "Agreement ") is made and entered into as of the day of , 2010, by and between the City of Hutchinson MN ("City "), and the County of McLeod ('County ") (each sometimes hereinafter called "party" and both sometimes collectively "parties ") the parties being governmental and political subdivisions of the State of Minnesota. WITNESSETH: WHEREAS, each of the parties has the authority to construct, maintain, repair, and improve public streets within their respective jurisdictions; and WHEREAS, County State Aid Highway 25 (CSAH 25) and Washington Avenue East are duly dedicated and opened public streets, located within the corporate limits of City; and WHEREAS, the parties desire to undertake a joint project involving right -of -entry acquisitions, grading, aggregate base, concrete surfacing, curb & gutter, sidewalk, storm sewer, sanitary sewer, watermain, and other incidentals, and to share the costs of such improvement as herein provided; and 40 WHEREAS, the authority of the parties to enter into this Agreement is provided by Minnesota Statutes, sections 471.59. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01. Purposes. The purpose of this Agreement is to define the rights and obligations of the City and the County with respect to the Project and the sharing of the costs of the Project. Section 1.02. Cooperation. The City and the County shall cooperate and use their best efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner. Section 1.03. Relationship to Other Contracts. The City and the County acknowledge that Contract Documents will be entered into by the County on behalf of the parties with respect to the Project, and that Change Orders or other documents may be entered into by the parties, or by the County on behalf • of the parties, with respect to the Project. This Agreement shall be construed so as to give the fullest effect to its provisions, consistent with the provisions of the other contracts and documents referred to above. 1 — 2010 Adams St SE (CSAH 25) d Washington Ave E -Project Cooperative Agreement�/ Section 1.04. Term. The term of this Agreement shall be for a period commencing on the date hereof and terminating on the date the Project is completed, accepted by the parties and all amounts owed by one party to the other or to the project contractor have been paid in full. Section 1.05. Recitals. The above recitals are true and correct as of the date hereof and constitute a part of this Agreement. ARTICLE II Section 2.01. Definitions. In this Agreement the following terms shall have the following meanings unless the context requires otherwise: (a) Agreement: this Agreement, as it may be amended, supplemented, or restated from time to time. (b) Change Order: a written order to the Contractor approved by both parties hereto and signed by the County Representative on behalf of the parties authorizing a change in the work included within the Contract Documents and/or an adjustment in the price and/or an adjustment in the construction schedule, issued after execution of the contract for the construction of the Project. • (c) Contract Documents: drawings; specifications; general and special conditions; addenda, if any; Change Orders; and the construction contract for the Project; approved by the parties, or their respective representatives. (d) Contractor: the person or entity which is awarded the contract for the construction of the Project. (e) Cit11 the City of Hutchinson, MN. (0 City Representative: Kent Exner, Hutchinson Public Works Director /City Engineer. (g) County: McLeod County. (h) County Representative: John Bmnkhorst, P.E., McLeod County Engineer. (i) Project: right -of -entry acquisition, grading, aggregate base, concrete surfacing, curb & gutter, sidewalk, storm sewer, sanitary sewer, watetmain, sidewalks /trails, street lighting, landscaping and other incidentals. 0) Project Costs: all costs for and associated with the construction of the Project, including • Design Engineering Costs, Construction Engineering Costs, and City /County Direct Costs. (k) Design Engineering Costs: the fees and costs for all consulting engineers preparing Contract Documents. — 2 — 2010 Atlams SI SE (GSAH 25j 8 Weshington Ave E - Projad Cooperallve Agreement � ��/ • (1) Construction Engineering Costs: the fees and costs for all consulting engineers performing Project construction inspection. (m) City /County Direct Costs: the compensation and wages (including applicable payroll burden) of City /County employees for the time(s) such employees are performing services on behalf of the Project, including construction inspection, and other incidentals. (n) Street: CSAH 25 and Washington Ave East. (o) Uncontrollable Circumstances: the occurrence or non - occurrence of acts or events beyond the reasonable control of the parry relying thereon, and not the result of willful or negligent action or inaction of the party claiming the event as an Uncontrollable Circumstance, that materially adversely affects the performance of the parry claiming the event as an Uncontrollable Circumstance including but not limited to the following: (1) Acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lighting and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failure, and fires or explosions. (2) The adoption of or change in any federal, state, or local laws, rules, regulations, • ordinances, permits, or licenses, or changes in the interpretation of such laws, rules, regulations, ordinances, permits, or licenses by a court or public agency having appropriate jurisdiction after the date of the execution of this Agreement. (3) A suspension, termination, interruption, denial, or failure of renewal of any permit, license, consent, authorization, or approval essential to the construction of the Project. (4) Orders and/or judgment of any federal, state, or local court, administrative agency, or governmental body, provided, however, that the contesting in good faith by such party of any such order and/or judgment shall not constitute or be construed to constitute a willful or negligent action or inaction of such party. (5) Strikes or other such labor disputes shall not be considered an Uncontrollable Circumstance, unless such strike or labor dispute involves persons with whom the parties have no employment relationship and the parties, or either of them, cannot, using best efforts, obtain substitute performance. ARTICLE III CONSTRUCTION Section 3.01. Contract Award. The Contract Documents shall be approved by the parties prior • to the solicitation of bids. In accordance with the applicable provisions of Minnesota Statutes Ch. 160, County will cause bids to be received by it for the construction of the Project and, subject to approval by the City, shall award the contract for the construction of the Project to the lowest responsible bidder. co C ie—) -3- 2010 Adams St SE )CSAH 25) & Washington Ave E - Protect Cooperative Agreement Section 3.02. Project Construction. Subject to Uncontrollable Circumstances, County shall cause the Project to be constructed in accordance with the Contract Documents. Section 3.03. Construction Administration. County shall perform appropriate Project construction administration services, including but not limited to processing Change Orders and Contractor pay requests. Section 3.04. Construction Inspection. (a) County shall perform appropriate Project construction inspection services for all construction activities, including but not limited to: grading, aggregate base, concrete surfacing, curb & gutter, sidewalk, storm sewer, sidewalks /trails, street lighting, landscaping, and other incidentals (b) City shall perform appropriate Project Construction inspection services for construction activities, including and limited to sanitary sewer, watermain, and other incidentals. (c) Construction inspection services shall include, without limitation, representation of the parties hereto with regard to activities of the Contractor at the construction site, periodic observations of the work at the construction site, and initiate appropriate action to present or have corrected as appropriate, any work observed not to be in accordance with the Contract Documents. Parties shall not be responsible for the acts or omissions of the Contractor nor shall the Parties be responsible for construction means, methods, techniques, sequences, • procedures or safety precautions at the construction site. ARTICLE IV PROJECT COSTS Section 4.01. Allocation. (a) The Project Costs shall be allocated between the parties in accordance with the cost - sharing spreadsheet prepared by Stonebrooke Engineering and approved by Mn/DOT State Aid Office which shows the items of construction and associated costs. The costs shown in the approved spreadsheet are not actual costs, but are estimated costs only. The costs to be paid by each parry are actual costs of the Project based on final Project quantities. (b) The Design Engineering Costs shall be allocated between the parties as determined by the City and County Representative. (c) The Construction Engineering Costs shall be shall be allocated between the parties as determined by the City and County Representative. (d) All other Costs including, but not limited to City /County Direct Costs, shall be allocated between the parties as determined by the City and County Representative. • (e) The parties agree to defend and indemnify each other for any liability claims arising from this Project Cooperative Agreement and the project contained herein. Nothing in this agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes Chapter 466 or a waiver of any available immunities or defenses." cc -4- 2010 Adams SI SE (CSAH 25) & Washington Ave E - Project C000erative Agreement ��� Section 4.02. Payments to Contractor. County shall make progress payments to the Contractor and, upon approval of both parties hereto, the final payment to the Contractor in accordance with the Contract Documents. Section 4.03. Reimbursement. The City shall pay to County the City's share of the Project Costs within thirty (30) days after receipt by City of each itemized written invoice therefor from the County. Section 4.04. Adjustments. To the extent that the actual value of any item included in an invoice cannot be accurately determined at the time of submission of the invoice, such item shall be invoiced on an estimated basis and an adjustment shall be made to reflect the difference between such estimated amount and the actual amount of such item on the next invoice after determination of the actual amount. ARTICLE V GENERAL PROVISIONS Section 5.01. Notices. All notices or communications required or permitted pursuant to this Agreement shall be either hand delivered or mailed to City and County, certified mail, return- receipt requested, as the following address: • City: Kent Exner Public Works Director /City Engineer City of Hutchinson 111 Hassan St SE Hutchinson MN 55350 County: John T. Brunkhorst, P.E. County Engineer McLeod County Highway Department 1400 Adams Street SE Hutchinson MN 55350 Either party may change its address or authorized representative by written notice delivered to the other party pursuant to this Section 5.01. Section 5.02. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which taken together shall be deemed a single instrument. Section 5.03. Survival of Representations and Warranties. The representations, warranties, covenants, and agreements of the parties under this Agreement, and the remedies of either party for the breach of such representations, warranties, covenants, and agreements by the other party shall survive the •execution and termination of this Agreement. C, (e. ) -S- 2010 Adams St SE (CSAH 25) d Washington Ave E - projed Cooperative Agreement Section 5.04. Non - Assignability. Neither the City nor the County shall assign any interest in this Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation, without the prior written consent of the other party. Such consent shall not be unreasonably withheld. Section 5.05. Alteration. Any alteration, variation, modification or waiver of the provisions of the Agreement shall be valid only after it has been reduced to writing and duly signed by all parties. Section 5.06. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by any party hereto shall not constitute a waiver or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. Section 5.07. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. Section 5.08. Interpretation According to Minnesota Law. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. Section 5.09. Entire Agreement. This Agreement shall constitute the entire agreement between • the parties and shall supersede all prior oral or written negotiations. Section 5.10. Final Payment. Before final payment is made by the County to the Contractor, the Contractor shall provide to County a certificate of compliance from the Commissioner of Revenue certifying that the Contractor and any out -of -state subcontractors have complied with the provisions of Minnesota Statutes, Section 290.92. Section 5.11. Headings. The headings to the various sections of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed, to modify, define, limit, or expand the intent of the parties as expressed in this Agreement. Section 5.12. Further Actions. The parties agree to execute such further documents and take such further actions as may reasonably be required or expedient to carry out the provisions and intentions of this Agreement, or any agreement or document relating hereto or entered into in connection herewith. Section 5.13. Parties in Interest. This Agreement shall be binding upon and insure solely to the benefit of the parties hereto and their permitted assigns, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature under or by reason of this Agreement. &(e) - 6 - 2010 Adams St SE (CSAH 25) 8 Washington Ave E - Project Cooperative Agreement O N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CITY OF HUTCHINSON MN Attest: By: By: Name: Name: Steven W. Cook Title: Title: Mayor Date: 04/27/2010 Attest: By: By: Name: Name: Gary D. Plotz Title: Title: City Administrator Date: 04/27/2010 McLEOD COUNTY Attest: By: BY Name: Name: Title: Title: Date: Attest: By: By: Name: Name: Title: Title: Date: to Ce) -7- 2010 Adams St SE (CSAH 25) & Wash ngton Ave E - Project Cooperative Agreement • RESOLUTION NO. 13721 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5093 LETTING NO. 1 /PROJECT NO. 10 -01 WHEREAS, cost has been determined for the improvement of: Adams St (CSAH 25) & Washington Ave Reconstruction Project by new roadway construction and utility infrastructure installations including construction of trunk and lateral storm sewer and treatment/drainage improvements, trunk and lateral sanitary sewer and services, trunk and lateral watermain and services, grading, aggregate base, concrete curb and gutter, trail /sidewalk, concrete surfacing, lighting, landscaping, streetscaping, restoration and appurtenances, and the bid price for such improvement is $ and the estimated expenses incurred or to be incurred in the making of such improvement amount to $ , so that the total estimated cost of the improvement is $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be an estimated amount of $ and the portion of the cost to be assessed against benefited property owners is declared to be $614,678.25. 2. Assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2011 and shall bear interest at the rate of _ percent per annum from November 1, 2010. 3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 27th day of April 2009. Mayor • City Administrator 1e 0 0 0 COM PILED BV: PVANOERVEEN ASS ESEMENT R0LL NO. 5093 _ LETTIN G M0. IIPR0JECT NO. 10 -01 � t ttf M(CSAH 25) 1 -.1 111, Add, Eal RecaneNUNm PialedM NIIMmlrulnWre lmM1lYXmalncluElnp em Conm�uiondl -.. vlvr mamwra Add I.. .0 a Ll 'mmcdi .1-1 nwalwala aan<ae, eraeinv, avwwmamae, RM,R a. mane I- COST PER FRONT FOOT OR PER EACH: 15000 STREET COST PER FRONT FOOT OHECKEOSTYK YNER 31!.00 LI0V ER LAY S0 F OAKLAND COST PER FRONT FOOT NVMSER OF YEARS', 12800 APE LOST PER 10.ON1 fO.1 51500.OY PRAT E R SEORC S6 IT PER EACH i ST _ 0.1NG. _ Walr.E _ W11 SS.SB0.00 !' WATER SERVICE COST PER EACH SS !'SEWSOI COBi PER EACH ADOPTE DEF VE TS !16000.00 . TOTAL ASSESSMENT AMOUNT f611611.E5 � C ITY d o N O PROPERTYADDREAS CFpH ..C. AOCrtIW pVISION CRSUS m 4m. oxiR PoMUI �� � 1 u AVESESERT ASSESSMENT COUNTY PID No, Ile eo 1X Dry If NNCMnwn 13 Of W.W tt, oo SXVM Hit. Rd Nw ttz 29 02 o Ir GM It Nemnnm ie6c C C If 115mm SOW I?WCW E0.1114. 5000 L,ISZw a'.. >) Eom Sum Srlm E0. MiTs oo M. SinII. T ma H smMmlrn - wl m 5 11 919E I a]wn Gnl 1,&.110.5d. N211 CM O1 R.R. -In M]W If TO If I III 1f.. 15, 000➢0 A, 112mm 118 2P rCMm xd".va. 11 Id $v Eom L IT EISmm PC Rd EI ILL If 0 PRIC M.w SSw0.00 II CM d HNCMnam 0 10. B It 0 11. It 1?5oom p.W i ?Jee.m IOT Add., It IE 1 f sox DO. a0 3]t Meme Sl sC 2 a I L d vl Clryd_ mn a ?oo S AS50 .m o mm o !0m Slsmm Eom $?. Rd S1.am.00 SO.W 11."A IN _ _ R . Ny TR _),_ _ x CMOr NUlrnmavn E1 AD It I FIT III I St III f1,5W.W SDW 33W],W ELe0000 TER 111o0.W tex o2 yI CM It HNCXNam VT5 $1 HIT Ill 0 M.W 0 RO.W 11,500.. SOW 130U.W f3Al]50 SO.W ISO7St It Wy OPIR 11 PIT L1AHI J e ] LPI 1 2 A ], Blwi la D�I, d xNrn mmn IFud" Wen M" EMI II q]m pPo WAULW !IW]W $1. CR 13.4tlW 111". HE TV.. III .o0 2411. .1 YE a W1e'I9W Wa0B m Chn I0 da 1111'1 N', 5KK 111 Dry d H......n "' HI IPanln Ld 50.W SOW 10.m UAN.m Ad. 1J amg0 "11N Aw 1F W11E3 803 W50 ar LN a, Blmx s. s.N' RL'CM N Nanmam IBIE IUP It Id EIALUP C I III OR 1E5mm FI MULD 1?em.00 bW 1! :J UAEOm SxM_' If 11 Im 10, B-I 1, 9mnn tPI Liv I Hm h-I om Mrm o W.PC 199 33.e00UN SO.W SO.W SSW].W 10'.. 10.W 1!"A Lo omatm W_e cwv1 MN 55. Its so o m O51..- Ir CM If HNCXNam S pW 1?Ia1. 1?. PC ,S.W 12W 1?m0m le "AN, f3 .W0.W $11W.W L, III 1. id t J520 m Oxso 1 11. .,1 aXlnpen AwE WIC If LIP O W W91 If NIB If 9, &wk 7 SoNX Hall Dry If F.I1110X St 1W It I If I.W So.W A. BIT.0o vAee 35710.00 T4. 1 Id I 120 1aMn@en AwE 0111D, HnIYL PmWUMPI uc EPTYLP10 At - IGryor NNCXlnam 12.w0 SSW].W $I f0 0o 1100000 Aft HOR ,'AC Ll tt Ill ldfdr If I munM HewmOOU:Naw+d fnm Z 010 J Ee It W, IHZ e J 9- 1059.n5'ewww 9 dvu�IMaOVy, BImY 15, 1-H 1.11 C1 .1 Eo6m TO A, N.W 10.m $om 1 IT 16.600.00 10.00 \J \ (t7 d � V • • • COWILEOBY: PVANOERVEEN ASSESSMENT R0LL N0. 5099 LETTING N0. IIPR0JECT NO. 10L 1 111`L[rr -L Anama 111 CIA` SSI Awarninpmn nre Ean nernnAR.- PrgztW ..I dR.L -and u011ry 1.......lnUNTS S..."Id COST PER FRONT F00T 0R PER EACH CO P UTEOBY' PVANOERVEEN 550.00 STREET 00I PEN 'MOST FOOT CHECKED BY SEXIER 11500 MILLIOVERIAY B OF GARLAND COBI P ER IN — FOOT NUMBER OF YEARS: 10 STAAA 6TREETSCAPE CC9T PER FRONT F0OT INTEREST RATE 11]00.0 113" WATER SERVICE COST PER EACH E1,5_00_0__ TIT R SERVICE COST PER EACX NO Wa1re0 ADOPTED; 1011 JISOSH AL OEFERRE0 ASSESSMENTS: 116000.00 ITOTAL ACTIVE ASSESSMENT: 1ILLS 35 ITOTAL ASSESS MENT AMOUNT 361A5]E.36 cn %o NO. F[nn ADDVE NMIE6AOORE55 OF PIIOPERA OWNER lox oDUTIOX OR SUBDIVISION ea FP [x ASSESSMENT o Awltu P •—d a[mc[ N Fwcx SW I." OEFEPARD ASSESSMENT AcTiVE ASSESSMENT COUEIR X0. LA 1 IF I CI"e1 D--.n IT dA 11 VU d 11 DO I FULL ILLY U Sf,m0,00 III .,.A OS WN 979 L,SErwt Rd aA1�ANdvnimvn i]1W I Id III I FULUO A FALL 10Ad E ?mSW ISIS Eep0000 ". Ra NW 23 CIA 11. SO 1S 1, ISO 2 UAL,25 IdAh III Cdf 1I IN . TtAL IT, I WM 11 SWW F.. W Y.W EE Ad. Hvblume HN VYKA •1e o —LV ID.m U .AA S}SOUP 'I dA SO.W SH 4W W 11 W Ldt 4 Ext,25 dlWh HIT Cry a1 HLII 66.00 I SS. III . I D ..I I I St IF 11 TO S?W9._W Ee 111 EOW Ee XWW en MN55350 _ aU VMd HUIeNnen fO.W N.00 ASM00.00 IF 1 1 s 1 ' EO W Ea 500 W Sa AOO m p 00 5- 316 Ad— 51 SE Id W 1103H 07 W]0 I—LU 2- ICM I HUdlnaan Tow 6[aoo.w So.Od He0o 00 326 Ad— S SE M0 m W 1. 111 It IF TO 1 1, n halo. f— V:fW A Ad It I ALL E1 °RNW I, III IS BIT 11 Rd It 11 0 11 UST 29 07 0110 315 AOa ma SV SC UOM vI H11LL'Anwn S1,FJS.W SZ,WS.Po S3.fl0.00 SANd RUAKEW SHE Ad.— NUE IN I'S 2S.1 All, I—OU EO.W I IT III NSmm Wm SE m9.m SHA00➢0 $00 $6KI LN 8 AM, 36 d,Ah HIT CN If HVlrnmvm 11 YOU It U TO Ad I EOW Pvv wry aMKI MN Y130 It I IF IH 17 1111 LSVIVA .. i0W E.1. iH e00 ,Po 50.W U cM el Hd RIN EOW EDW 50.00 51500.00 X 116 29 07 MAU J m Fenne'b IpIIILFenneO S9m 1 Eom 51500.W pW E ?W9 O9 Ad 9.00 Sold S4e00.00 yl ory d HVLYIYWn NA AL I dU S15rom $...A Ad V, od III A It 11 LN Ed 11 fi09T90 o III AIM.. It 11 Ldl 9 StSk 47 IdUh EST Cp N HldhA n DID $1 NA bW 0 10W 11.Od 111.W 130]0.0] 56800W PLI 'And do Hvldircvv MN A-0 aN— vI HVNnmsvn 1.11 $OW 1 0 50.W E15W.W EOW 1I 51WO.W 10W ISM000 116 11107 WMLbIUMan A1-1 X CM d HUaMneen AS V. SD SO iO.W SE Nd St IW Mama 515E EST V 0 0 O KV: PVpXOER VEEN ASSESSMENT ROLL N0. 5093 LETTING NO. 1 1PROJECT NO. 10 41 1 "" "''I� 111CxPx 2Slnwssninpon n�6 Esst Rawatrvctian Pwlan Ey ................ NLlMlpnvincluElnO N, AllEARAI I.I. ¢uXaay� kild",Fl.,A. p�10, xoe elaoPN6laovMn aM appi nenancu. COST PER FRONT FOOT OR PER EACH: COMPUTEDBY PVAxOERVEEN SsO.oe siaesi wsi PER FaaxT FOOT LNECNEO BY KE %XER 11500 MILL /OVERLAVBOF 04KLpND COST PER FRONT COOT DMBER OF VEA_P S S30.Ox 8TREEi8 COST PER FRONL FOOT RATE P MEAXING: 51500.00 WA TE0.3fICf 0.V L08i PE0. EAf.X L WalveE 5250040 16 ATIATER SEPACCE COST PER EACH EANG: 3ND N RI $1000.00 16 SEWER SERVICE COST PER EACH •ODPTED: TOTAL DEFERRED ASSESSMENTS: 116000.00. TOTAL ACTAIR ASSESSMENT: 35838)633 TOTPI ASSESSMENT AMOUNT j61d,6>615 pERTVADDE OE PROPERTY DERNER AMITICX OR SVBDAk v vm r pxra ¢sr RIT.LO ai ruvea .'SU�O=N eWATEA a,mucx I, A- m x,u SMwxi TOTAL ASSESSMENT TOCAL 41 111 z9 of Al 11.11. ill Alf-If IE II I an RnwIT.... I IN I So 111 $1 SA it 111. dNkAR. USISSAIS MAN It.. IN HidWriml Ss If 11 i �w0.'INOn, i.1 OIxtill- $8,100 fD.m S?SMW 11. it 1 VGry el 5000 P. 00 S. I'A aR Add 11 PR .801ae 4 46 Ad It It S E R.O l -kk LMS, OM AS SITR III C' If EvAlwoa0 KK 6600 SI ]00.% 0 5000 SO.W S15DJ.N Col So All $F,SW.W $I IN 1690000 difillikil Aid Yl AT 11. 1 So A l a v11 Gry eIHNCMnvm Sol If SE A, 06 116 29 07 k3ll 11 St 4S. 111 Ad- Al AA LA 2 Thil 60, SliAh a ot,nxwminvm S3 8w Of At id I 00.00 Hulldillo, IN 55350 ON Ill IS 07 If. i1- I I 5!`MW 5000 I". All N900.00 Mi ie Sit,. CA 11 l 2S 17 fIlld YI CMOI H.11AIIon ll.ot Eldid. I 30.m I I. $1 All All ;O.W 5200000 R'Sk"W Po.W Idd ITA So A. 1111. l 7 . At HH. ul Cl R.Rol IS d id AS III I It do Do SBV00.00 30M SF9p].m fill -I- It Stl AN ' kilid SA-1 MHMM L lf 13 & Ld 14 IN 560 If R 14 , Mo W.9RNM1 Hm uym So oo a!sm oo S id IIwOm it mP.W MS III .?1w.w wonwsl SW 11 of 1t 1 t0.m fl.eoo.W Sit i?o'.pW fe,600.00 Sp.w is aw.PO Old All- Al SE It I 'S 2A Il 0820 IILMe11- 111ven 11 IS 3],.%A 56,v0000 W.W Skil W 547 Aldl. M So W of d 11 IS C 'I III Not 5 ICIryoIT -111 1 pW SDW 51'10 50.00 52000. S6.v00.00 30.00 10000.00 Ad 08 116 19 07 kit 2A mu AltR "I M.T. IT ME LA 10 SlAk 61 SlAth iff IN If HER1,11111 Mid. S, . DO I So St Sl . . ..1 12.. M.Niffil O.W IV Ad- IS 11 IdAh- C All. I CIN e1 HNCMnven SOW I DW 515]0.00 Sit, OR i ?W].W 56.iW.00 30.00 11 HIS I0 Al 118x0a 11 Al kil II fe9w I I A C ST A, .?-do It Ak Ed i06W.W IS SO N,epmp EB 116 UOa0I'd 33 01061 TO xCM^1 Hlddlk- M il 51]00 $A At I 5000 11,.x. 3600 Soiddid. 18,000.00 3000 M Mil . ONN.1. X 116 29 07 0380 30.00 S AS Of I MW I?.SO].W 5600 S?WO.W 55.50600 WW 3x.60000 RIt Ali, At IF e AS I ll 1111 9ffoRld. IMX1XAAA ohIlkh i8]W IO.W So.W fl1W.w Sow 12.-So MUMMPo 50.00 AND Alikin. 815E ONII.S 10 WM 33,.. SO.W I MW 31$00.00 SO.W f?wC.W {F,BW. 0000 3590000 v • 0 0 COMPILEDBY: PVANDEN VEEN ASSESSMENT ROLL NO. W91 _ LETTING NO. tIPROJECT NO. iDdi N It MO EI. ROmnrwdm Preryel by ne-ma inliiry InlnawmuminnalNtilnalnNee. COST PER FRONT FOOT OR PER EACH: COMPUTED BY'. PVPNDER VEEN 550.00 STREET COST PERFRONi FOCI CXECNEORV: NF.AFN f1f.00 NUMBER OF YEARS: 10 wOSO PE 8DN INTEREST RATE $1500.00 I 11 WATER ND WATER VICE COST EACH SERVICE COST PER EACH {3,50000 6" WST V ATER SERVICE CO PER EACH OHEARING: 53 ALDEF ' SEWER ERVICE PER EACH A DOPTED TOTAL DEFERRED ASSE A39E89MENTS: 316000.00 TOTAL ACTIVE ASSESSMENT: Sf966]fiSf TOTAL ASSESSMENT AMOUNT 361d 6]6.35 RWERTYAOOPE55 NAME 8 ADDRESS OF PROPERTY DINNER LEGAL LEGAL OE CEPTOXOa A.,.. TIN BVeOM510N 1-1 O A MAN xoxT.w avert —. Iro>'Ew --IT TOTAL DEFERRED CTNE Ni 11 1 IN Nlm d, "D 41456601 111 Slab55 oo 16 Ig e, CW.5-1- 1 et ad s, C-1, OIMIMI boo 3l1[TOI III 111 111 sOId I W 111 500 0 so 0C $2 111 IM NIBBED BUSS AA 1 A IN 1 W30 tl0 1, Ma$1NA -tonal C $11"A wW U SE SOW dILIlTW 30.0 $11, I'S .W NW[Mn AN III{ w.W wm 1 $1 VU STEaOm wm 11 IT b.wo.Po $I III $,..OW CAL Haze to 4gry w. SF.300.0 114 Sxm 1 RE 1 1 6 3 ;:Xp 3om SOm A, III IN SUIN 1?¢M.00 Sb A.IND Id. S6,wo oo eeltle"11. 08115 E910.,I 6310333E d"'. IN I III. N Po $15. 1?. !N aw" Maw. w.Po IN a0 BE 555 Ad It 11 Ld4 TG NdN2 MIN IIIIIMNBII RAd 1. IN 0 Id IN . 11 Ed . Id IN u,9..IS w.. 81,111 3 ( Z 1 TURN IN Haze to .11 El-k 3. MOnenurta M001on wAU I. w.W E1ES.W EUW S30WW 319..00 wW MI.III NA „ M. w, e.. w.. 3660o.NA 3dm rzomm SE IIDdd 11 1. IV 116 Dd 15 01VI sU.W S6.(Ae zs SO.W wm wW sam $S -I-dd 1A II .I IS 111 aG ap Y MKI w.paMr A BI 5a km. It a0r 3. were;. PM If avmee o1 -11B I d Ad I. 11111. 5W BE wW wW FA FININ Id IS IS IN Id O 5115d tl5 ea tfU _ Jerm� W N... nl It I 1030 Mama 515E 1.1. La G5uWlYielon $351115 1 W IN IN wW 30W F "S"1. $. I ".salts IS Po tta 1a 112. EINSTION 216AI $31 Ed 1 Som ..m $I IN IN IN HEIINIno W00 - .13115.10 t11 also INS VOINIII.11 d I AV dng. SOW SE 6a0W 30.W SOW w00 Intl.- 50. 33,110.. 1 WaaMn %at aaNegmn Ad F. nuemunem xo a, aSUyry senre,0. 11 IS $513 I I IN 11 IIA22dI AS iY5.Y0 SAV]w wtbm Ol.,14 SFT.w 11111 N d E ; ;;h 'W" III \ 1 —Ol mr1- 1Ivres.um -..II - Irc.exae I nnu emmI ar.om.wry -rm .erun pl.�ur V 0 0 COMPILED BY. vVANDER VEEN ASSESSMENTROLL N0. 5093 LETTING NO I/PROJE CT NO, 1OL1 m ~ /b Anemv 51(CSAH x516waMrnpm nve san xeeonwv.?m vrowd sy nra mmweyrm B- 1 em wolryminnmm.e lnanwrvma mmmme a rr«t LEOK COST PER FRONT FOOT OR PER EACH ER VEEN a50.00 BiPEEi COST PFR fRO NT FOOT CHECKED BY, N E.NE 44 FRONT FOOT xoERE R OF YEANI, to 3x000 {fym _ RE_ E _TC_O_ Si SCAPE ST PER FRONT FOOT INTEREST RATE: 9ERVICE COST PER EACH 1 HEARING'. WalvvO Si 50OY WATER SEANCE G08i PER EACH {x 0 TOTAL DEF ER8 SEWER SERVICE RED ASSES COST PER EACH MENT 9: SIS...... ASSESSMENT! SSe66T6.x5 TOTAL ASSESSMENT AMOUNT 161A 678.25 ADOPTED : 10113 /x009 z PROPERTYPLORE55 BASE A iV GARDA OF PROPERTY OESCNPTICH POdTI.. OR SINGOSION yp xx xAFn oxiw . AMI x e T OTAL OEFERNEO TO TAL MlPHII.. E, eMeminwm F. 0, 45 LIE, UVre,A aoa 11 H7111111 I'll PC AMCA VL12 W I. EA MPP. {v..1. 31 117 29 - RHIN .—PH. H.....3 LB.e, swem,n f.'cl.W a.WW {x SIR el s6Fx.60 ms+oli 11 IP- E. i76 C IL HL 11 SIR EG 32.367.53 SSW.Po ' 17 IH ls E A 3x0.IWS5 d L. ], SIrck 6S H-11.11 CM IS IC aom 3:5oo.W a?oW.W IIARS B. IN avl III oo E" 31 117 M 15 H'A' amYr 1 API E HC,a H. m- AC AN Sz wo io.ao 17 SOSIS Eoro EOW 5!6i0.W a0W $0W 41,4o.W W.W 31, 6105 eft DZVGPI Ld I, Hlau! HdcMmml OV.m4w1 Rmewbp'W i1o, 150 GH I W 2. Sa NCW SOW $I.GCO] IS BE IlI 711 SO ax.MAM 316,x10,00 AN t 9 16 0761 5ningrmnve6 ). BIak 1. XUknmmnOwnlwm 514A1 11. NI) .W 11 AY 10 IS IS,YO.W Sxl213.IS N'vu�ev}Jly MN 551.00155 TOTAL ASSESSMENT ROLL NO. 5093 .,I. 'M IS axno.PS 1.:1x6 CAME 00 {A.Poa.Po rzo.000 Pa a+w,PoO.00 {911 ,n9.11 IP ON a6.AOAIS V • RESOLUTION NO. 13722 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5093 LETTING NO. 1 /PROJECT NO. 10 -01 WHEREAS, by a resolution passed by the Council on the 27th day of April 2010, the City Engineer was directed to prepare a proposed assessment of the cost of improving: Adams St (CSAH 25) & Washington Ave Reconstruction Project by new roadway construction and utility infrastructure installations including construction of trunk and lateral storm sewer and treatment/drainage improvements, trunk and lateral sanitary sewer and services, trunk and lateral watermain and services, grading, aggregate base, concrete curb and gutter, trail /sidewalk, concrete surfacing, lighting, landscaping, streetscaping, restoration and appurtenances. WHEREAS, the City Engineer has notified the Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 11 th day of May, 2010, in the Council Chambers at Hutchinson • City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 15th, 2010. He may at anytime thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 27th day of April 2010. Mayor • City Administrator (Ce) • PUBLICATION NO. 7802 NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. SA -5093 LETTING NO. IIPROJECT NO. 10 -01 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 6:00 P.M. on the 11th day of May 2010, in the Council Chambers at City Hall at Hutchinson, Minnesota, to consider and possibly adopt the proposed assessment for the improvement of: Adams St (CSAH 25) & Washington Ave Reconstruction Project by new roadway construction and utility infrastructure installations including construction of trunk and lateral storm sewer and treatment/drainage improvements, trunk and lateral sanitary sewer and services, trunk and lateral watermain and services, grading, aggregate base, concrete curb and gutter, trail /sidewalk, concrete surfacing, lighting, landscaping, streetscaping, restoration and appurtenances. hearing. Adoption by the Council of the proposed assessment against abutting property may occur at the This assessment is proposed to be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January 2011, and will bear interest at the rate of 10 percent (plus or minus) per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the November 1, 2010 until December 31, 2011. To each subsequent installment when due shall be added interest for one year on all unpaid installments. • You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by November 15th, 2010. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31 st of the year in which such payment is made. Such payment must be made before November 17th or interest will be charged through December 31 st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 10 percent (plus or minus) per year. The right to partially prepay the assessment shall be until November 15, 2010. The proposed assessment is on file for public inspection at the City Administrators Office. The total amount of the proposed assessment is $614,678.25. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further • questions. (- r,(e) • PUBLICATION NO. 7802 ASSESSMENT ROLL NO. SA -5093 LETTING NO. 11PROJECT NO. 10 -01 PAGE 2 After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape- recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days afterthe adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayoror City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. Gary D. Plotz, City Administrator City of Hutchinson, Minnesota PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, APRIL 27TH, 2010 AND TUESDAY, MAY 4TH, 2010. E (,5�ce) • RESOLUTION NO. 13721 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5093 LETTING NO. 1 /PROJECT NO. 10-01 WHEREAS, cost has been determined for the improvement of: Adams St (CSAH 25) & Washington Ave Reconstruction Project by new roadway construction and utility infrastructure installations including construction of trunk and lateral storm sewer and treatment/drainage improvements, trunk and lateral sanitary sewer and services, trunk and lateral watermain and services, grading, aggregate base, concrete curb and gutter, traillsidewalk, concrete surfacing, lighting, landscaping, streetscaping, restoration and appurtenances, and the bid price for such improvement is $4,350,145.53 and the City cost share amount is estimated to be $685,536.68. With the estimated expenses incurred or to be incurred in the making of such improvement in the amount of $154,528.80, the total estimated City share cost of the improvement is $840,065.48. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be an estimated amount of $840,065.48 and the portion of the cost to be assessed against benefited property owners is declared to be $523,090.42. 2. Assessments shall be payable in equal annual installments extending over a proposed period of ten (10) to fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 2011 and shall bear interest at the rate of _ percent per annum from November 1, 2010. 3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 27th day of April 2009. Mayor City Administrator U (e) 0 t 0 0 CoxrOfoeY: PVgxoER VEEN AbEEBEMENT ROLLNO..t] COST YEA FROMT FOOT OR PFR CH: COYPUTEOBY: PVBXOERVEEX ri4c EETTWO M0. IAPRWECT N0. 1001 �b ID Mnv A1— nI d WYNMm An EAM A. RpaLp ir�aYa�mvum�wuwywnwu6vaaWlwn�MiYN PXEalp raraua -n M_. Nw wans�aatay/aaPayewPMllaa. . 1. rs.pKx. MEAPAM .boeuuxw Pp�, bWatalK Vevwe uuaYmWypibru. lY,pp 4TREET COtTPERM CHECKED BY: KECXER 313,. MILL.OVERLAY N OF OSxLAXO COST PER FRONT FOOT XUYBEROFYESRE: IIK. ETREET.11E COST Pat FRONT FOOT INTEREST RATE: {I LLAO 110' WAT ERBE..A COAT PER EACM UT MEARWO: S2,110040 t• WATER SERVICE C08T PER EACH axD MEARWO: b P,. T", {'.EWE0.8R EWCE COST PER NCN 1 TOTAL ENYEYT: AD TOTAL ASSESPYEXT AMOUNT .. IPAS ADOPTED: 9 211IMMI .�IYAOOY ALE EM E AAVAEL mCWIEXI �~ Ae AMEA aa� T EOII.yE TOTM IOFK MAMEMEME r eY1N NIIISYFIOp OF.OFFiYCM1P imBI3Y11 A� M4 X3M Id1fi A.YFLxx11 YRm ff®n 09YI1® ACOYE SIm4O1 YIIfYOx aLaBFpi nWO AEIEt.MY1T g38N01Y1f .11eH @D1W RANK " a 1miµ Rq}RY HN H LOtll XWeiYM'8YI1 Yy'WaXUtlNem ..W Om . 3 ?a30.W "=a U, ®p . 11aH @WOO Aarw.b. W gpnm&8E baE ISAaYre &bE NwwAw MN'b153 W)a6x).35a We.AWYa. SnN Nw F1,116 bm O.m NSW ..m 3?aN.W n.". I. m >3� @ Ywr x f oaa LSamale luar..m. 1tl XwN�n YM 8YI1 EY M.S {Ld6. Plu 16 MMXw li. A %150 Om b.W Om f?Wm ..111.. YA m I18H @DIDl wAx I. AYaYm SE mi 3x,50b .m >�SW.m 1i.. p .. 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CIS. MCLWEN VFW Pea NY m. Sa)�S qn 9�E Bey.Syw S.3M by CbaXUNUm �Qlb A.IISAmm'ab 3 1>.` dXep ..S,E .m LOW . .W Wm . A)O CIw. M4aYpnVFW PoI IN .. AA v)n Aa9E B.aeaua. taae. eom, wFU , .. rm ] v N°a`°`Mx.m ..oW .m .m .smm 11 .H Y m. .11...01. m Re», r OW rot. +. a n KOpW SYbw &8f Waww MNA.) La �O. GSH e.SeNMG/d YVwvi ..W .lxab .m .m f?AH.m ..M. "PEALS' W116 xHm0111 1b lY�mryN aW H YOL AwE NMfn YH3YCp Idx, t1Y ), Eew Hw - aXWNVn p. .m 0 .m 1E .PH. 31Sm.W W ...m M . ItaH .Ob01n ReAYtf leWEb 4O @O] WS'1YW10L W.axlPaltl0. dL ), Ee'N Xw.ld 1. A 0..10 qwE NW)wm YH.IO NiWYm� 6m .% ..m fOm m b6]OSM b CMMf W Wk. LLC ry.W I. WwM9.POCwxS] Ia 1 E XW MWMAOn YX®SD SptlW10.MH]. SeMMW Crytl WYAVd il.xmm .m fOtW .]W .m N WfO .1leammm DO °"'°r"""L°T oa Pwdma. l.efpe4w eAnr �awdMl cO PUL YnpLenrE Ca..aH NPBi tYi @arW wry, p'y 139m�Nw[Wd A ll�13O Yrv�Y SM01 HanLXW I.. .Ab.m D .m ..W .,W .m 0 0 0 COMPREOSY: PVANDERVEFN ASSESSMENT ROLL NO. fint Fes VEFN l£11WO N0.1RROlEGT M0.1OO1 � 10 .V`rf SA IL- a0NH16WwpnbFY Rwi4w9m Rymp OW+ONR�rymimum�Or. UM/nNYeu�Wi +r�OWD•H W1W9 ...la NWax rWm)�e NxSSmraMYiW OAL)Ym"H. aSOVb10 rwr,YY/y gYydl�.mertwUa'YpOa, oabYVYtwY INYrmq,amm.Nagv+aYrm. COST MR GROPT FOOT OR PER EAU; COMPYTEO EY: P 1NOER ,W YTREET MOT PER FRONT FOOT CHECKED PC KEENER 313.b WLINVERUV0OI `1 wuavuuwiaww.i�r�m wram� COMPREOSY: PVANDERVEFN ASSESSMENT ROLL NO. fint Fes VEFN l£11WO N0.1RROlEGT M0.1OO1 � 10 .V`rf SA IL- a0NH16WwpnbFY Rwi4w9m Rymp OW+ONR�rymimum�Or. UM/nNYeu�Wi +r�OWD•H W1W9 ...la NWax rWm)�e NxSSmraMYiW OAL)Ym"H. aSOVb10 rwr,YY/y gYydl�.mertwUa'YpOa, oabYVYtwY INYrmq,amm.Nagv+aYrm. COST MR GROPT FOOT OR PER EAU; COMPYTEO EY: P 1NOER ,W YTREET MOT PER FRONT FOOT CHECKED PC KEENER 313.b WLINVERUV0OI WNYNOCOST PERFFONT FOOT ......OI YE0R0: j13,m STREETMME CAST PER FRONT FOOT WTEREOT RITE: $1 W.W 1-1R'WATER SEEV lCOST PER FICN 10THEAPJNO: S3 M.m S• WATER SERNCE COST PER FACX FED NEARING: 11 O.m EWER SEAV ECOST PER F fl ADOPTED: TOT MTLL ICINF YEMT: Y WMASSESSY Y ENTAMU T S3 IOAE MYTMD. IYIf EIfCH6 A_r �BIroI1M1 fLfWLf � l.YS a xYK7 CmW]YIQYO WRIYfYACONEp li Mi1S111YOM61 �mfflryYl YAVKW P.YWS� IiWNS FUYP YSItYN roS1m .gym OSIfP® ASY3pBIS AC3NS YFR31lR I.AS EWBYAWT lM IllallORt BE�BYW] MI m xm R6O..YbS.si Nt� 91Y +b 153am Ni Crymlldexxa� SJ,tvm faW ia m Pow lmaa M M, m118AWmA Yv.Y�Ytlxl� neaMB xe XW n HRaMS RSE �I , i Ram bm o bm 3 +mm bm l +.A.m pmRm m i16HmOBR l4ryislfiv J amo+WO N6Jbi. 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Rm Rltlm m 118H %a+R u pJm 30 WMY�LLL MmAp mn.W] m Yvixgn Yx xia RA]om a pm pm Sam S+,Wm pEpp f+eH %bao m DRO rNU+Nx SLN'y TSIYn.L6E )+m ]+BNn.98E MYNIIOI 65JW a. BNy 99.AW XW RA]am pm iam f1 SV.m bm tl p +SAa]al'A m DOV LLNLMbY ffi 8SL6[ 0110 yd,W�.LSF IN11xvm YNSmSa +O S1tA 36. Lw10 xN1 b.m Rm mm 315mm bm 11.1A.m 31pa9a m 118H %ffi la�Efa0WlxaPPSLF.rY1 YG.SYY 818E F. Hma)Ta ro SnNIW QAMm Rm 0 Rm 3+Smm pm 3+NHm p}SOW 16H0]mN m TJVA)]R N n J] N U a}S pa�.LeE IYAtlMYX�p 1tl8. Strla]. SOq XW MF'i61ws RBla.m 0 Sam 3+]mm pm 1+.1IDm peW.Y m nea%mu 0raSK68YbJ YI�+� 13/S r ]A C9 )]D f LSE MN f], SOW NYp dWMV.n pm RA]O.m la m Q.m 3+ ,Sm.m 3+ !mm ieAbda m118HWf6y .SamJ YYm� b n p tl).Wr.LBE NSWwn YN Wd +O, Hrv/e].6MMW 1p.m W. Pow 3+6mm 3+W.m a. WYE m M1 LONxN Slvy Im Ain.59E HDm]]m 45E Mu4Y.m YNYW t. WyY M. FnN NY 1a.m Q.aA pm a bm 5f.5mm Rm I1.W.m \J rn �B. w�nxuvmuw�wnm- i�rim�cvusacnnm�ww i��m�.mimunmO.OS.��Maaa COMPREDBY: PVANOERVEEN ASSESSMENT ROLL NO. M LET NO. IIPROMCT NO. 101 M .(. n) t WWVpn.W Fw Rmnvu Oigmp w'i /�gx�NMf /HM�m/R&WmxYBINq tmaNO'naR.d WeµYMxm rrweAa�AM'..Ame��xR. rs. T tiY, YFP �.mxmMWPXV. wOm eXep� W1E {efYfbF LBO. DEP,W,RW OP .w.ln O.il APSHEWDS .w.TMpl Fgmn COST PER FRONT FOOT OR PER EACH. COYPOTEDBY PVANOER VEEN WAR STREET COST PER FRONT FOOT CHECKED BV: NEWER b8.b MMIAlVE1LLAY80F MNlANO L06T PER FPo. FOOT NOW ER OF YEA.: 10 Siam" STREETSCAPE COSY PER FRONT FOOT .TEREBT RATE: 310.P0 µ 14D7 WATER EER ECOST PER EACH IBT NEARW O: aintIAIO µ 3 0.m a' WATER BERVCE COST PER EACH EM. MFARWO: 31 µ T T ' SEWER SERVICE COST PER EACH TOTALACTNEA66FESYEMT: . TOTAL ASSESSMENT AYOOMT VANAICAS ' 1MAL TOTAL bruArr ` ARpSm o.wW APT., aPNm.l ar.wa M,m..R� AaMUaIArr Aaa3pa{aert ADOPTED: - g 6TIY.a Tm carfl o YAROiMte + m nmo 97p A —4.—L w..N. 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Wmmo m++e AO]Olp 51 21 µY mV YAMmAMbE LYW P.r• µTdld+A BYy w,eW XW tlMdAyx µ.m y,lm D wm P µ.m 315w.m Alm 3i4Cm W." PAR µ.0L,µ S581JnnMµ YX'b1w ���Ye +BNO]mN 53 m 31UAS TO L)NxnAa]F µ M9D µ.8m mw 0 mm aAmw µm µ8m PARE ALNEW HYMxm M HAK— m 118nD ]mw Sw A H Q Ot Mxa/.W OMYE 6+. Yna. PHIm µ mm µm 3 Sw.m 1 µ w am µµpµ a6µ µµDTP ReGN• NYW MNHSeµ w++8 %w M1w ]]KO S1W At Y8N09M A)µxx MSE bm mm 11.5m.m PAREARE _ m nµ'INID 1WYE 11. &aGel. evN XW µ.BwW i].m mw almw mm 11.ATI.m 3pEmm 30Y SGM x SIBNnxMBE 13, avx e+. SOW MY dMga.Ax� gEwm 0 mw v Vi AAm Y 6E WtMnAAn YXeSBm mne ]vwwro Lm1s+w SI+Nxn blm .. .meNNe Frn.MeE Sea. aNWIYnAei Sx.WD B mm 0 bD] 3!e2w mm ll.. FEWIR µm YN85W m m ]]aws+a miFixn MaE imNarw.n.�m mm mm bur amour mm iTAw.m µ,µ0,m AREA Mu a.IWYm uNX1N LIµm10 W TPbA1, YelvR- m+16L10b@D Sm.Wn.elbE WYfAY SmµneM$ Wb, iV'Y 1. YV�sxn'AYYni j],Sm mm {lsoom wm MJMYxa�YH55m0 0 0 0 I 5� PVAANDER VEEN ROU NO. M =7 PER FRONT FOOT OR PER EACH' M :PAED UTED .� P VANDERVEIN P V LETTING W. IIPIKOMCT NO. 1"I RR W.. STREET COST PER FRONT FOOT CHECKED T: Kj XNL CANER �..LAV. OF QA.L.D OUT PER FRONT 100T NUMBEROFYIdidus: AR 1. $IRAR 8TRE�ECQETPERFMMTFOOT JNTERERT RATE: 1112' WATER E.E M.T PER ... IST HEARMG: RTTENRI. S2,RRM 6 WATER SERVICE COST PER EACH IN. E&RWG: "A.L. ENNER A' NEWER &EROCE WER COST PER �H SIMILIP TOTALACTNEASSEUNMENT NEEANNE� TOTAL ASSESSMENT AMOUNT RLTAM� LENAL A RAWN P PERNA TQTAL IOTA, APPRAPPRA PREAW ARNPRWRT RAW �Plbw OPPERREATTORWER DIPMEMED ARMENPRIAT RA� �E 0 I.ANRR.R, P0.1. AAAR-..E ULU sl�w EARN IZR�&;E.POSR155 GUAJNRR.�E b. mm 0 MCC 0 EARE a. ..I PD. RAW WRLAN"A sa.-aW... .... Em'-. AR- �E M4.12&NV2dlLxll .2 WRAP P40PRAT RE N A ft N, 1".. R, 11 R,, SAWLEM N. A NNE �Nowow mq�.. 'A. vollow 0 0 RAMAN RARE MMM LE 1. AN R, S37 huffm se RE. PAPPLAR RAW ALEPLAN RE lie a 10 ANN .111. E LR 1. PERP 0 $1 EARN ..L. E D In MlD IM� NA N� W� & SE 17, 2. M� AAW- .1 NANA, SAM IRPERRE .1 LE nz;�. ROER Ee, 77 1. �wl 0 P,qE. SAME SATRAP VE 11. . 1. WRARP�.. �.N. RR PA. P, . $1 ;AWARE RNN Kr— PAR u3mw 0 Nm PD. RLWARE PARR REP"...P.RAIER ;F—�MN;-� A. W. .5, RAW. MLAR. J J PA. RAN, TAIWAN J NPWRP-M.. U147� W. ow wT PAN a,., 'WE PARR. REPRNMN NERE IRMANPA.�E R, PTIR� 0 JILA.&-7EX.I� A. VD. 1. mm Rd4�LLC I'AR W.1 11. 12132% .1 ME"I'l RRP�j 0 0 0 COMPILEO BY: PVPNUERVEEN P05ESSMEMROLLNO.SN4 �CFtl LETIWO NO. WROJECT W. 1001 f11. ' �uM /mWWm�aaMMWUWa�aWSEeis�eYY�9 ro.MtlrE.yVWaYS.aw�evENpv, COST PER FRONT FOOT ON PER EACH: COMPUTED BY PVINOERVEEX WAR STREET COST PER FRONT FOOT CXEGXEO BY: NEXNER S13JE WLWVERLAY S OF OAKLAND COST PER FRONT FOOT XUYBEROF YFAO: I . $13.W STREETSCME COST PER FRONT FOOT WTEREST RATE: {1 WO.W W.STER 6ERVCE [ONi PE0. EfCN 1 PT �FN.m f•W ER FERVCE COET PER FFCN SXO NF4RWO: 3WYSH3 31 f- SEWER SERVILE COST PER FALN ADOPTED: T O MTNERHFMYEtlT: TOT/A A88ESBYENTRYOYXT f33F ISA9 anFOIH. LLMYFOM0. PIdlGtt..`�{ WIEfA0.RY VNIOPMRT RNBI LFGLIKBPIIOX AMLAII.VAK RWPN y- Wes, Yu• 94aaAfAY f PRRRPRRN ,K'etY a iR3i WYtVi1 fSlli EYNW NAfl1m R1TY D6MEMp PMaE{40 TOTIL PO3PE ASiObR NXAt af�X {I3wW aPmR�f NPW Pff NPFIKN „]bISYTJ N 93 R, W33 w w�n.Me�aE LL4 ,dNp MaM NgNy LLC w.Xwls,.. Cnm�wn NYi.tO wm ,�W Rt1W HY.15 HS]]6 HN4 R.NS31 MIEEF N mxX.YRxE,vo FYw 1)5130)W ]1 bOAmt9 w wriapenAw E, IIrYXInmMba NC •iR. CaMV�unw P.,slbaY h'ra,P Lawnwn� ym HYn Svo It 3MPt imsl {IAW.n IpW H NA] tt]s Nw]W� m,,, bt30)m N b Ib W10 N Wr,vym Py E. M ®�SIY ROpXy LLCd NXYq .A Cpwmewn iiA4 H19. N.m i1N W]Y f3WE NORS7 fl , tS XYV�B XE.PO eaw 'R P LH MX WA 911t]b190a93 ml9,m m FNwOYYY IPnYN wY alm Pasa wawss au3Nmw. xenn wXTp WW "PRIM 0 um usmm 31 wCW pYaY pA YwrNM... WY9W mbssYm m b PnE wnWaXwNVm RYL.m pm 30 mm it dmm Mpl6ro 1Itlt1FM Ph DwYYN L'VS )111]b13 WW 99 Z83aP SwEMN RM VAIa RfaLa e. Y.aw.wMlM N.m 0 W. R 3iER.W m.W NATPN p30 N W]XXWma�PN E EwMY'f OMX�6a1(nP u t. M'x �. xuwv. wnwni Na w w.t a N.m RYPW Rm A Rm H A ]HA YNn�Ya YX Y,w Wh Y S Z1013m10 b E ErYPVff Oar ✓XX 4n WP,. Camiwnw SFrcPmY Oravnna.gnr3 ]W.M 313353.15 mW N,y1W f1.539,m SI tlLm R3.116W W3NSM YNrtpXY YN YAIONV E%WAT. SY+a ,, XuWwn Denae� w.] TOTAL ASSESSMENT ROLL NO. U93 fEl i,WP. n3W 1 {w .EMAI NPA PM FiR. mP3 RAN �nn 4 9f,� MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Chief Daniel HattenUv DATE: April 19, 2010 RE: Consent Agenda 2010 Water Carnival Events I have reviewed the letter sent to City Administrator Gary Plotz by Commodore Guy Caspers of the Hutchinson Jaycees regarding the 2010 Water Carnival and the events surrounding the celebration. • My staff and I have met with Mr. Gaspers and discussed their request regarding the police department's participation during the Water Carnival Celebration. I am comfortable and confident that we can meet the needs of the Jaycees and recommend approval of their request. /Ikg 2010 -01 -0007 • cDrf) s Hutchinson Jaycee Water Carnival P.O. Box 624 Hutchinson, Minnesota 55350 www.waterearnival.org April 13, 2010 Gary Plotz, City Administrator City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Gary, The 68th Annual Hutchinson Jaycee Water Carnival will be held from June 14th -20th this year, and the entire committee is working hard to prepare for it. We are requesting that approvals and permits be issued for the 2010 Water Carnival as follows: • 1. Close the appropriate streets and issue a Parade permit for the Grande Day Parade on Sunday, June 20th, from 12:30 PM to 4:00 PM. We are working to have this year's parade route the same as last year's. The Hutchinson Police Department has submitted an application for a permit with MN Dot and we expect them to grant approval for the same route as last year. Again this year we request there would be no parking on 1st Ave SE from Main St. to Hassan St., 2nd Ave NW/ Franklin St to Washington, and no parking allowed in the city parking lot behind Dunn Brothers Building due to space needed for parade units. 2. Close or monitor intersections at all necessary points for Parade Route on Sunday, June 20th, from 10:00 AM to 4:00 PM, including posting parking signs in designated areas as determined by Hutchinson PD. 3. Issue a permit to operate concession stands during Water Carnival on Friday, June 18 1 h, Saturday, June 19 and Sunday, June 20th on 1 NE from Main Street to Hassan Street. 4. Issue a permit to operate concession stands during the boat parade on Tuesday, June 15 near the Crow River /Les Kouba Point. There will also be a free musical performance by a group of local students. 5. Issue a permit for a fireworks display on Sunday, June 20th beginning at approximately 10:00 PM to be displayed over the Crow River. Fireworks will be launched from either AFS Park or the park just to the west of School Road (behind Super America). Fire Chief Brad Emans will be notified concerning the display of fireworks. The Water Carnival committee will arrange to have Sheriff Department, Fire Department and Ambulance support on hand. No parking will be allowed on School Rd from Hwy 7 W to Lewis Ave. 6. We have contracted with Mini Biff, Inc to provide portable lavatory services for the Grand Day Parade route, Parade staging area, Carnival and Concessions area, and at Roberts Park for Sunday's performance. 7. Request permit for Amusement Attractions, Inc. to have carnival rides, games and concessions available to the public Tuesday, June 15 through Sunday, June 20th. Amusement Attractions, Inc. anticipates needing exclusive access starting after 6:00 PM on Monday the 14 to the area located just west of the • Gopher Camp Fire Sanctuary. This area will be occupied by the carnival, games and vendors, support vehicles, carnival management, etc. ckc) • 8. Request permit for free public concerts to be held at Riverside Park from approximately 7:00 PM to 9:45PM on Friday, June 18 and Sunday, June 20th. We are also requesting allowance for the public to bring their own alcoholic beverages to be consumed during the concert. No alcohol will be sold on site for this event. 9. The Boat Parade will require the use of the north half of the Roberts Park parking lot. The Hutchinson Police Department has agreed to provide assistance for this event to minimize parking congestion. 10. The Kiddy Day parade will be held at Library Square in downtown Hutchinson and the Hutchinson Police Department has been contacted and agrees to be present to monitor traffic flow. 11. The Hutchinson Jaycee Water Carnival sporting events and water events chairs will coordinate traffic flow and control with the Hutchinson Police Department for the events including 8k, 5k and family fun runs, bike ride, canoe races and the ski show. The Water Carnival is a non - profit event, and the Jaycees would appreciate the waiver of any fees or rentals during the duration of the Water Carnival to help defray expenses. We appreciate the assistance received from the City of Hutchinson and its staff, and we could not have a community celebration without this support. If you should have any questions or concerns, or would like additional information, please contact me at the numbers shown below. Thank you, Gu M. y Gaspers Commodore, 2010 Hutchinson Jaycee Water Carnival (320) 234 -9623 (home) (612)360 -1990 (mobile) guybethla)mchsi.com • V-0 68 t h Annuai MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor & Council FROM: Chief Dan Hatter DATE: April 26, 2010 RE: Transient Merchant License Application and Investigation Dean B. Schlueter A background check was conducted on Mr. Dean Schlueter in reference to his obtaining a Transient Merchant License in the City of Hutchinson. Mr. Schlueter is planning on running a greenhouse and garden supply called "The Garden" in the parking lot of the vacant Cub Foods building. Mr. Schlueter has been granted this same license in 2008 and 2009. It would be my recommendation to grant Mr. Schlueter this transient merchant license based on the information gathered during the investigation. • �0 ��) III Hassan Street Southeast Hutchinson, M\ 55350 (320) 587-5 151/Faz_(320) 234 -4240 City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS • 1 Application Type (choose one) ❑ Solicitor $125.00 Date of Application - li�, - %z' ❑ Transient Merchant $125.00 ❑ Peddler $125.00 ❑Parade Peddler $30.00 Applicant Information 2" X 2" Picture Required ` Name: ��iE'f(_'P "l J�4�,11: / - ! r Height: ! 5 Weight: ,-t l c Eye Color: 1 j Driver's License Number: Mate: f f n i 7� ` Permanent Address: Crry Slate Zip Permanent Telephone: Temporary Address: O il , r City State Zip Temporary Telephone Access: Have you been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations? ❑ yes I�Vno If yes, state the nature of offense and punishment or penalty assessed therefore: • • • Ciry ofHulch;nso, Applicaifon for Peddlers, Sobcuors. and Transtent,blerclvanis Page 2 of d Location ' Location Name Q _ ! �..JL% � - - tt t :,L: ' . ✓ � t d i l.Il (1ra!�l � 1 h,J � �? v Locatio Address _ City State Zip Business Information Provide two (2) property owners (preferably in McLeod County) for character references: vc Describe relationship between applicant and employer: Property Owner Name Property Owner Phone Number t 1 Property Owner Address Describe nature of business and describe item(s) offered: Property Owner Name s-E lrt ecls `r , CLY C j'1 ` Pra er' Owner Address - [ �i Yllll f: �-S �7i ✓f � 1 C, 1��r,d)S /'�.'..� � �t�LL'. l r �� J f' It - U Describe method of delivery: G` ( o) i Describe source of supply: t� E -L S .; Supplier ,i'arne Suppler Phone Number Supplier Address City Stare Zip Supplier Name Suppler Phone Number 1 S x 5 3---� Supplier address City State Zip Ci j _ `�',p Supplier Name Suppler Phone Number 51 Su fier Address G l State Reference Information Provide two (2) property owners (preferably in McLeod County) for character references: vc I t , 3C Property Owner Name Property Owner Phone Number t 1 Property Owner Address Ciry State Zip Property Owner Name Property Owner Phone Nwnber ` Pra er' Owner Address CrN Slate Zi Reference List last (up to three (3)) previous city(ies) where you carried on same activity: to State Date(s) of Activity to State Date(s) of Activity to State Date(s) of Activity Checklist The following items need to be completed and/or attached in order for the application to be processed: Application/Investigation fee paid in full (check or money order): 4 yes ❑ no Application completed in full and signed: ❑ yes ❑ no I hereby certify I have completely filled out the entire above application and that the application is true correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Applicant's Signature Date 1 Internal Use Onl Police ❑ approved '❑ denied Notes: City Council ❑ approved ❑ denied Notes: H:Licemesr Applicmicnv Peddler, Solici�oq Transientdoc r 1 1 (-09 City of Hutchrneon .4pplicanon for Peddlers, Solicitors, and Transienl Merchants • Page 3 of Reference List last (up to three (3)) previous city(ies) where you carried on same activity: to State Date(s) of Activity to State Date(s) of Activity to State Date(s) of Activity Checklist The following items need to be completed and/or attached in order for the application to be processed: Application/Investigation fee paid in full (check or money order): 4 yes ❑ no Application completed in full and signed: ❑ yes ❑ no I hereby certify I have completely filled out the entire above application and that the application is true correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Applicant's Signature Date 1 Internal Use Onl Police ❑ approved '❑ denied Notes: City Council ❑ approved ❑ denied Notes: H:Licemesr Applicmicnv Peddler, Solici�oq Transientdoc r 1 1 (-09 0 • • TO: FROM: Mayor and Council Tom Moss, Director of Information Technology RE: City Works Administration Class and Conference DATE: 4/27/2010 Hutchinson Utilities purchased a program called City Works to manage their gas and electric infrastructure in 2009. Due to the complexity of the software I will need administration training to continue moving forward with the project. The two day administration class immediately precedes the annual user conference in St. George Utah. I will be attending the two day administration class and the 3 day user conference in May. All expenses for the training have been budgeted in the Hutchinson Utilities 2010 budget. cc ( P) L\FORMSURA V EL fAVEL APPROVAL REQUEST FORM Utilize this form in all cases that exceed one working day NAME �I �avv KIC DEPT Conference name or purpose M DATE: q / ( /2G1 e Destination — 2 4 . 4. 1 -AA Estimated Mileage Total estimated travel cost (including lodging, meals & registration) 4 220U ivy- tnq (:J Overnight stay? YES )'_ NO Date Leaving /11 1200 Date Returning 6 ILL 12Lrc BUDGET STATUS: Is the above conference /seminar budgeted for the current year? YES X NO Estimated amount of travel budget remaining before this request &H ADVANCE REOUESTS: Upon return, attach all receipts to a completed expense report. Cash advance checks will be returned to your department. Amt Requested $ Check payable to: CHECK REQUESTS: Amt Requested $ Amt Requested $ Amt Requested $ Check payable to: Check payable to: Check payable to: Mail Check (include registration forms) Return check to department APPROVALS: Department Director's Approval �- Account Code 1/, / City Administrator's Approval ( ,� . Finance Director's Approval • LT Purpose Purpose Purpose Purpose PROVIDE THIS COMPLETED FORM ALONG WITH REGISTRATION FORMS TO FINANCE DEPARTMENT 7 DAYS PRIOR TO DATE LEAVING OR DATE OF CONFERENCE. REFERENCE CITY TRAVEL POLICIES 3.22 AND 3.23. 0 DRAINAGE AND UTILITY EASEMENT This indenture made and entered into this day of , 2010, by and between the City of Hutchinson, a Minnesota municipal corporation, hereinafter ( "Grantor "), and Silver Lake Capital Partners, hereinafter ( "Grantee "). Now therefore, for good and valuable consideration, which both parties acknowledge to be sufficient, Grantor hereby grants a perpetual easement for drainage and utility purposes over, under and across that part of Lot 3, Block 3, ENERGY PARK NORTH, according to the recorded plat thereof, McLeod County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 3; thence south 01 degrees 02 minutes 48 seconds East along the west line of said Lot 3, a distance of 25.01 feet to the point of beginning of the easement to be described; thence continuing South 01 degrees 02 minutes 48 seconds East along said west line 94.00 feet; thence South 89 degrees 53 minutes 26 seconds East 81.69 feet; thence North 01 degrees 1 I minutes 43 seconds West 94.00 feet; thence North 89 degrees 53 minutes 26 seconds West 81.45 feet to the point of beginning. This easement shall be binding upon the successors, heirs and assigns of the parties in perpetuity. hi witness whereof, said Grantor here unto has set its hand to this instrument on the day and year first above written. GRANTOR: By Steven W. Cook, Mayor STATE OF MINNESOTA) }ss COUNTY OF McLEOD } Gary D. Plotz, City Administrator The foregoing instrument was acknowledged before me this day of 1 2010, by Steven W. Cook, Mayor and Gary D. Plotz, City Administrator, on behalf of the City of Hutchinson, Grantor. This document was drafted by: Marc A. Sebora Hutchinson City Attorney SIGNATURE OF PERSON TAKING ACKNOWLEDGEMENT I t 1 Hassan St. SE Hutchinson, MN 55350 (320) 234 -5683 mini n U MEMORANDUM DATE: April 21, 2010 TO: Hutchinson City Council FROM: Bonnie Baumetz, Planning Coordinator SUBJECT: VARIANCE WORKSHOP GIVEN BY JED BURKETT, LEAGUE OF MN CITIES Jed Burkett, League of MN Cities, will be presenting a workshop on variances at the May 18 Planning Commission meeting. You are welcome to attend this workshop. The meeting begins at 5:30 p.m. and the workshop will follow the Planning Commission agenda items for that evening approximately 6:30 p.m. • • cO(�) 0 CITY OF HUTCHINSON R55CKREG LOG22001VO Council Check Register Check # Ck Date Amount Vendor / Explanation Account Description 159712 4/21/2010 4,265.44 BRYAN STREICH TRUCKING FREIGHT- IN 159713 4/21/20101 291.25 DPC INDUSTRIES INC CHEMICALS & PRODUCTS 159714 4/21/2010 2,500.00 HUTCHINSON, CITY OF ATM MACHINE CASH 159715 4/21/2010 414.46 MCLEOD COOP POWER ASSN UTILITIES 159716 4/21/2010 67.00 MINNESOTA DEPT OF MOTOR VEHICL LICENSES & TAXES 159717 4/21/2010 15.00 MINNESOTA DEPT OF MOTOR VEHICL LICENSES & TAXES 159718 4/21/2010 675.83 RUNNING'S SUPPLY SMALL TOOLS 159719 4/27/2010 135.45 A & K REPAIR SHOP SUPPLIES 159720 4/27/203.01 422.00 AARP PROFESSIONAL SERVICES 159721 4/27/2010 48125 ACE HARDWARE REPAIR & MAINTENANCE SUPPLIES 159722 4/27/2010 21.70 AG SYSTEMS REPAIR & MAINTENANCE SUPPLIES 159723 4/27/2010 110.00 AMERICAN LEGION ADVERTISING 159724 4/27/2010 80.00 AMERICAN LEGION POST #96 RECEIVED NOT VOUCHERED 159725 4/27/2010 8.58 AMERICAN WELDING & GAS SHOP MATERIALS 159726 4/27/2010 134.60 AMERIPRIDE LINEN & APPAREL CONTRACT REPAIR & MAINTENANCE 159727 4/27/20101 84.96 ARAMARK UNIFORM SERVICE CLEANING SUPPLIES 159728 4/27/2010 244.58 ARCTIC GLACIER PREMIUM ICE INC COST OF SALES -MISC 159729 4/27/2010 20.77 ARROW TERMINAL LLC EQUIPMENT PARTS 159730 4/27/2010 6,250.00 ASHBROOK SIMON HARTLEY OPERATI SERVICE TOP BELT 159731 4/27/2010 365.01 AUTO VALUE - GLENCOE EQUIPMENT PARTS 159732 4/27/2010 4,21101 B. W. WELDING CONTRACT REPAIR & MAINTENANCE 159733 4/27/2010 130.00 BAERTSCHI, PAUL DUES & SUBSCRIPTIONS 159734 4/27/20101 2,401.26 BELLBOY CORP COST OF SALES -MISC 159735 4/27/2010 9.54 BLACK BOX CORPORATION DUE FROM UTILITIES 159736 4/27/2010 5,399.99 BSN SPORTS COLLEGIATE PACIFIC NEWSTRIPE DIRT DOCTOR & HITCH 159737 4/27/2010 29.76 BUFFALO CREEK ENTERPRISES COST OF SALES -MISC 159738 4/27/2010 15.00 BURKS, LINSAY PARK FEES 159739 4/27/2010 4,115.76 BUSINESSWARE SOLUTIONS DUE FROM UTILITIES 159740 4/27/2010 35,217.95 C & L DISTRIBUTING ICOST OF SALES -BEER 0 Ll 0 159741 4/27/2010 328.82 CENTRAL HYDRAULICS CENTRAL GARAGE REPAIR 159742 4/27/2010 100.00 CENTRAL LANDSCAPE SUPPLY CASH DISCOUNTS 159743 4/27/2010 96.08 CENTRAL MCGOWAN OPERATING SUPPLIES 159744 4/27/2010 21,156.00 COLORBIOTICS DRUMS OF COLORANT 159745 4/27/2010 222.78 COMDATA CORPORATION OPERATING SUPPLIES 159746 4/27/2010 1,870.31 COMPAR, INC OPERATING SUPPLIES 159747 4/27/20101 60.00 CREEKSIDE SOILS OPERATING SUPPLIES 159748 4/27/2010 204.31 CROW RIVER PRESS INC PRINTING & PUBLISHING 159749 4/27/2010 38.48 CULLIGAN -METRO OPERATING SUPPLIES 159750 4/27/2010 6,000.00 CYTIVA SOFTWARE INC SOFTWARE 159751 4/27/2010 5,741.80 DAY DISTRIBUTING COST OF SALES -BEER 159752 4/27/2010 150.00 DENNISON, JANE OTHER REVENUES 159753 4/27/2010 8.80 DROP -N -GO SHIPPING, INC POSTAGE 159754 4/27/20101 300.99 DYNA SYSTEMS RECEIVED NOT VOUCHERED 159755 4/27/2010 135.00 E2 ELECTRICAL SERVICES INC CONTRACT REPAIR & MAINTENANCE 159756 412712010 35.00 EAGLE LEGAL SERVICE OTHER CONTRACTUAL 159757 4/27/2010 56.64 ECOLAB PEST ELIM CONTRACT REPAIR & MAINTENANCE 159758 4/27/2010 615.60 ELECTRO WATCHMAN SAFETY SUPPLIES 159759 4/27/2010 320.63 EMERGENCY APPARATUS MAINT. REPAIR & MAINTENANCE SUPPLIES 159760 4/27/2010 391.50 EXTREME BEVERAGE LLC COST OF SALES -MISC 159761 4/27/20101 1,895.00 FACILITY DUDE DUES & SUBSCRIPTIONS 159762 4/27/2010 1,747.86 FARM -RITE EQUIPMENT CENTRAL GARAGE REPAIR 159763 4/27/2010 343.88 FARMER BROTHERS COFFEE OFFICE SUPPLIES 159764 4/27/2010 540.32 FASTENAL COMPANY REPAIR & MAINTENANCE SUPPLIES 159765 4/27/2010 107.28 FIELDSTONE VINEYARDS COST OF SALES -WINE 159766 4/27/2010 360.00 FIRE SAFETY USA, INC OPERATING SUPPLIES 159767 4/27/2010 110.00 FIRST CHOICE FOOD & BEVERAGE 5 OPERATING SUPPLIES 159768 4/27/20101 27.99 FORBES AUTO CENTRAL GARAGE REPAIR 159769 4/27/2010 395.40 FOREST EDGE WINERY COST OF SALES -WINE 159770 4/27/2010 68.49 G & K SERVICES OPERATING SUPPLIES 159771 4/27/2010 92.60 GEBELECTRICALINC CONTRACT REPAIR & MAINTENANCE 159772 4/27/2010 25.00 GERMAN, NICOLE OTHER REVENUES 159773 4/27/2010 49.14 GRAINGER REPAIR & MAINTENANCE SUPPLIES 159774 4/27/2010 915.50 GRAND PERE WINES INC COST OF SALES -WINE 0 F_ 159775 4/27/2010 593.16 GRANIT BRONZ OPERATING SUPPLIES 159776 4/27/2010 4,791.94 HACH COMPANY DATA PROC EQUIPMENT RENTAL 159777 4/27/2010 958.00 HANSEN DIST OF SLEEPY EYE COST OF SALES -BEER 159778 4/27/2010 195.00 HANSEN GRAVEL WASTEWATER TREATMENT 159779 4/27/2010 282.15 HASLER, INC RENTALS 159780 4/27/2010 462.21 HAYES INSTRUMENT CO OPERATING SUPPLIES 159781 4/27/2010 10,951.50 HCVN -TV CABLE TV 159782 4/27/2010 50.00 HENNEPIN COUNTY COURT ADMIN OTHER REVENUES 159783 4/27/2010 203.06 HEWLETT - PACKARD CO OPERATING SUPPLIES 159784 4/27/2010 699.01 HILLYARD / HUTCHINSON REPAIR & MAINTENANCE SUPPLIES 159785 4/27/2010 495.00 HOLT TOUR & CHARTER OTHER CONTRACTUAL 159786 412712010 528.88 HUTCHINSON CO -OP MOTOR FUELS & LUBRICANTS 159787 4/27/2010 200.00 HUTCHINSON DOWNTOWN ASSOCIATIO DUES & SUBSCRIPTIONS 159788 4/27/2010 189.00 HUTCHINSON PUBLIC SCHOOLS OPERATING SUPPLIES 159789 4/27/2010 780.00 HUTCHINSON SENIOR ADVISORY BOA OTHER CONTRACTUAL 159790 4/27/2010 199.72 HUTCHINSON WHOLESALE EQUIPMENT PARTS 159791 4/27/2010 89.24 HUTCHINSON, CITY OF UTILITIES 159792 4/27/2010 6,201.82 HUTCHINSON, CITY OF MOTOR FUELS & LUBRICANTS 159793 4/27/20101 9.17 INDEPENDENT EMERGENCY SERVICES COMMUNICATIONS 159794 4/27/20101 100.00 INTERNATIONAL CODE COUNCIL INC DUES & SUBSCRIPTIONS 159795 4/27/2010 532.87 INTERSTATE BATTERY SYSTEM MINN EQUIPMENT PARTS 159796 4/27/2010 148.00 JEFF'S ELECTRIC RECEIVED NOT VOUCHERED 159797 4/27/2010 22,094.14 JOHNSON BROTHERS LIQUOR CO. COST OF SALES -WINE 159798 4/27/2010 550.00 KDUZ KARP RADIO ADVERTISING 159799 4/27/2010 233.53 KLOSS, TOM COMMUNICATIONS 159800 4/27/2010 813.91 L & P SUPPLY CO CENTRAL GARAGE REPAIR 159801 4/27/20101 61.97 LAKES GAS CO. UTILITIES 159802 4/27/2010 128.00 LEXISNEXIS OTHER CONTRACTUAL 159803 4/27/2010 22,610.10 LOCHER BROTHERS INC COST OF SALES -BEER 159804 4/27/2010 150.00 MADINA HOSPITALITY GROUP LLC MEETINGS 159805 4/27/2010 83.00 MCENTEE MEDIA CORP DUES & SUBSCRIPTIONS 159806 4/27/2010 415.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 159807 4/27/2010 286.48 IMENARDS HUTCHINSON REPAIR & MAINTENANCE SUPPLIES 1598T81 87.59 IMETRO FIRE OPERATING SUPPLIES 0 • C� 159809 4/27/2010 250.03 MEYER LABORATORY, INC OPERATING SUPPLIES 159810 4/27/2010 419.83 MICROBIOLOGICS, INC OPERATING SUPPLIES 159811 4/27/2010 40.00 MIES, MIKE TRAVEL SCHOOL CONFERENCE 159812 4/27/2010 110.00 MINNEAPOLIS, CITY OF OTHER CONTRACTUAL 159813 4/27/2010 112.75 MINNESOTA CHIEFS OF POLICE ASS PRINTING & PUBLISHING 159814 4/27/2010 60.00 MINNESOTA DEPT OF HEALTH TRAVEL SCHOOL CONFERENCE 159815 4/27/2010 45.00 MINNESOTA DEPT OF LABOR & IND LICENSES & TAXES 159816 4/27/2010 538.67 MINNESOTA ELEVATOR INC CONTRACT REPAIR & MAINTENANCE 159817 4/27/2010 110.00 MINNESOTA JAYCEES ADVERTISING 159818 4/27/2010 225.00 MINNESOTA PETROLEUM SERVICE CONTRACT REPAIR & MAINTENANCE 159819 4/27/20101 25.00 MINNESOTA REVENUE PERMITS 159820 4/27/2010 56.45 MINNESOTA SHREDDING CONTRACT REPAIR & MAINTENANCE 159821 4/27/2010 2,448.00 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 159822 4/27/2010 41,799.43 MOTOROLA RADIO EQUIPMENT 159823 4/27/2010 225.00 MWOA TRAVEL SCHOOL CONFERENCE 159824 4/27/2010 225.00 MWOA TRAVEL SCHOOL CONFERENCE 159825 4/27/2010 225.00 MWOA TRAVEL SCHOOL CONFERENCE 159826 4/27/20101 75.00 MWOA TRAVEL SCHOOL CONFERENCE 159827 4/27/2010 2,019.02 NASH FINCH COMPANY CONTRACT REPAIR & MAINTENANCE 159828 4/27/2010 150.00 NATIONAL FIRE PROTECTION ASSC DUES & SUBSCRIPTIONS 159829 4/27/2010 251.63 NORTH CENTRAL LABORATORIES OPERATING SUPPLIES 159830 4/27/2010 410.00 NORTH SHORE ANALYTICAL INC OTHER CONTRACTUAL 159831 4/27/2010 80.02 NORTHERN SAFETY TECHNOLOGY CENTRAL GARAGE REPAIR 159832 4/27/2010 301.52 NORTHERN STATES SUPPLY INC SMALL TOOLS 159833 4/27/2010 293.83 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR 159834 4/27/2010 540.00 OSTLUND SUPPLY FREIGHT 159835 4/27/2010 34.41 PANKAKE, LINDA SNOW REMOVAL 159836 4/27/2010 25.43 PHILIPS HEALTHCARE SAFETY SUPPLIES 159837 4/27/2010 6,868.31 PHILLIPS WINE & SPIRITS COST OF SALES- LIQUOR 159838 4/27/2010 242.00 POSTMASTER POSTAGE 159839 4/27/2010 380.63 PREMIER TECH PACKAGING RECEIVED NOT VOUCHERED 159840 4/27/20101 44.20 PRO -BUILD REPAIR & MAINTENANCE SUPPLIES 159841 4/27/2010 5,369.00 PROFESSIONAL WATER TECHNOLOGIE CHEMICALS & PRODUCTS 159842 4/27/20101 525.02 I QUADE ELECTRIC REPAIR & MAINTENANCE SUPPLIES 0 9 • • 159843 4/27/2010 11,646.93 QUALITY WINE & SPIRITS CO. COST OF SALES -MISC 159844 4/27/2010 196.20 R & R SPECIALTIES INC OPERATING SUPPLIES 159845 4/27/2010 1,587.65 R.J.L. TRANSFER FREIGHT 159846 4/27/2010 277.98 REED BUSINESS INFORMATION ADVERTISING 159847 4/27/2010 424.21 REFLECTIVE APPAREL FACTORY INC SAFETY SUPPLIES 159848 4/27/2010 90.00 RIVERLAND COMMUNITY COLLEGE TRAVEL SCHOOL CONFERENCE 159849 4/27/20101 177.95 SALTMAN LLC OPERATING SUPPLIES 159850 4/27/2010 31.00 SANDEN,ROSEANN PARK FEES 159851 4/27/2010 3,342.00 SCHOOL DIST# 423 COURSE FEES 159852 4/27/2010 64.20 SCOTT'S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 159853 4/27/2010 155.91 SEH PROFESSIONAL SERVICES 159854 4/27/2010 45.00 SOUTH CENTRAL TECH COLLEGE TRAVEL SCHOOL CONFERENCE 159855 4/27/2010 2,138.11 SPRINT COMMUNICATIONS 159856 4/27/20101 229.25 SQUEAKY'S GRILL & BAR MEETINGS 159857 4/27/2010 273.60 STANDARD PRINTING MISCELLANEOUS 159858 4/27/2010 224.41 STAPLES ADVANTAGE OPERATING SUPPLIES 159859 4/27/2010 1,180.00 STAR TRIBUNE PRINTING & PUBLISHING 159860 4/27/2010 114.00 STEPP MFG CO INC CENTRAL GARAGE REPAIR 159861 4/27/2010 70.42 STEREO OPTICAL COMPANY, INC SAFETY SUPPLIES 159862 4/27/2010 288.36 TEK MECHANICAL REPAIR & MAINTENANCE SUPPLIES 159863 4/27/2010 3,416.97 TKDA PROFESSIONAL SERVICES 159864 4/27/2010 22,139.05 TOWN &COUNTRY TIRE FUEL 159865 412712010 842.98 UNIQUE PAVING MATERIALS STREET MAINT.MATERIALS 159866 4/27/2010 100.00 UNITED HARDWARE DISTRIBUTING C CASH DISCOUNTS 159867 4/27/2010 91.74 USA BLUE BOOK EQUIPMENT PARTS 159868 4/27/2010 19,220.90 VIKING BEER COST OF SALES -BEER 159869 4/27/20101 403.60 VIKING COCA COLA COST OF SALES -MISC 159870 4/27/2010 91.25 VINOCOPIA INC COST OF SALES- LIQUOR 159871 4/27/2010 119.88 WALL STREETJOURNAL DUES & SUBSCRIPTIONS 159872 4/27/2010 521.41 WASTE MANAGEMENT -TC WEST UTILITIES 159873 4/27/2010 60.00 WELCOME NEIGHBOR ADVERTISING 159874 4/27/2010 833.33 WELLS FARGO INSURANCE SERVICES PROFESSIONAL SERVICES 159875 4/27/2010 587.81 WEST CENTRAL INDUSTRIES JOBLIN OTHER CONTRACTUAL 159876 4/27/20101 124.78 WEST PUBLISHING PAYMENT CTR OPERATING SUPPLIES 159877 4/27/2010 564.48 WHITE RABBIT VINEYARD & WINERY COST OF SALES -WINE 159878 4/27/2010 2,909.05 WINE COMPANY, THE COST OF SALES -WINE 159879 4/27/2010 619.75 WINE MERCHANTS INC COST OF SALES -WINE 159880 4/27/2010 11,710.51 WIRTZ BEVERAGE MINNESOTA COST OF SALES- LIQUOR 159881 4/27/2010 2,135.50 WORK CONNECTION, THE OTHER CONTRACTUAL 159882 4/27/2010 1,101.44 ZEP MANUFACTURING CO CHEMICALS & PRODUCTS 159883 4/27/2010 133.01 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 159884 4/27/2010 500.79 H.A.R.T. ACCRUED DEFERRED COMP 159885 4/27/2010 2,116.15 ICMA RETIREMENT TRUST ACCRUED DEFERRED COMP 159886 4/27/2010 1,709.60 ING LIFE & ANN CO. ACCRUED DEFERRED COMP 159887 4/27/2010 50.07 LIFE INSURANCE COMPANY OF AMER ACCRUED LIFE INSURANCE 347,992.21 Grand Total Check Total 347,992.21 Total Paymen 347,99121 • • • $ 7.45 9995.2035 MN DEPT OF REVENUE State Tax $ 10,437.45 $0.00 $16,892.34 PAYROLL DATE: 04/23/2010 Employee Contribution - Pension Plan $21,481.30 9995.2241 Period Ending Date: 04/17/2010 $38,373.64 Sub -Total - PERA �R COUNCIL LIST ONLY - ELECTRONIC TRANSFER $26.01 9995.2243 PERA -DCP Employee Contribution - Pension Plan TO STATE AND IRS 9995.2241 Employer Contribution - Pension Plan DO NOT ISSUE CHECKS FOR THIS PAGE Pera $ 38,399.65 $52.02 a MOUNT ACCT# NAME DESCRIPTION $38,425.66 GRAND TOTAL -PERA $22,385.03 9995.2034 WITH. TAX Employee Contribution - Federal Tax ACCOUNT $12,038.68 9995.2240 Employee Contribution - Sec. Security $3,603.06 9995.2242 Employee Contribution - Medicare $38,02617 Sub -Total - Employee Contribution $12,038.68 9995.2240 Employer Contribution - Social Security $3,603.06 9995.2242 Employer Contribution - Medicare Per Journal Entries Difference Fica $ 24,077.36 $15,641.74 Sub -Total - Employer Contribution Medicare $ 7,206.12 Withholding $ 22,385.03 $53,668.51 Grand Total - Withholding Tax Account Total $ 53,668.51 $0.00 $ 7.45 9995.2035 MN DEPT OF REVENUE State Tax $ 10,437.45 $0.00 $16,892.34 9995.2241 PERA Employee Contribution - Pension Plan $21,481.30 9995.2241 Employer Contribution - Pension Plan $38,373.64 Sub -Total - PERA $26.01 9995.2243 PERA -DCP Employee Contribution - Pension Plan $26.01 9995.2241 Employer Contribution - Pension Plan Pera $ 38,399.65 $52.02 Sub - Total - DCP DCP $ 26.01 $38,425.66 GRAND TOTAL -PERA Total $ 38,425.66 $0.00 =finance Director Approval • 0 0 R55CKREG LOG22001VO Check # Ck Date 159712 4/21/2010 159713 4/21/2010 159714 4/21/2010 159715 4/21/2010 159716 4/21/2010 159717 4/21/2010 159718 4/21/2010 Payment Insti Check Total Total Paymer AMOUNT Vendor/ Explanation 4,265.44 BRYAN STREICH TRUCKING 291.25 DPC INDUSTRIES INC 2,500.00 HUTCHINSON, CITY OF 414.46 MCLEOD COOP POWER ASSN 67.00 MINNESOTA DEPT OF MOTOR VEHICL 15.00 MINNESOTA DEPT OF MOTOR VEHICL 675.83 RUNNING'S SUPPLY 8,228.98 Grand Total ument Totals 8,228.98 8,228.98 CITY OF HUTCHINSON Council Check Register 4/21/2010 4/21/2010 Account Description FREIGHT - IN CHEMICALS & PRODUCTS MISCELLANEOUS UTILITIES MISCELLANEOUS REPAIR & MAINTENANCE SUPPLIES SMALL TOOLS ELECTRONIC FUNDS TRANSFERS COUNCIL MEETING 04 -27 -10 TAX FUND PAYABLE TO AMOUNT FUEL HATS MN DEPT OF REV $1.656.62 LIQUOR LIQUOR MN DEPT OF REV $33,631.00 SALES PRCE CIVIC ARENA MN DEPT OF REV $959.00 USE WATER SEWER CREEKSIDE MN DEPT OF REV $11,212.00 • 0 Wfinance\ counciImeeting \electronicfundstransfers (-ook -)- 0 e TO: Mayor & City Council FROM: Kent Exner, City Engineer John Paulson, Environmental Specialist RE: Public Hearing to Consider Comments on the Storm Water Pollution Prevention Plan (SWPPP) for the City of Hutchinson DATE: April, 21, 2010 • Per requirements of the MPCA whom administer the National Pollution Discharge Elimination System (NPDES) Phase I1 permit, the City must have a Public Hearing and consider comments prior to submitting the Storm Water Pollution Prevention Plan (SWPPP) Annual Report for 2009. This regulation applies to all cities that are determined to have and maintain a Municipal Separate Storm Sewer System (MS4). Public comment and testimony will be received at this hearing. We recommend approving the attached Draft SWPPP Annual Report for 2009 as required by the MS4 Permit. cc: Gary Plotz — City Administrator • 9 Lp'-) Minnesota Pollution Control Agency Minnesota Pollution � Control agency NPDES /SDS Small MS4 Report Form The purpose of this report is to contribute information to an evaluation of the NPDES small municipal separate storm sewer system (MS4) permit program. Consistent with 40 CFR §122.37 the U.S. Environmental Protection Agency is assessing the status of the program nation -wide. A "no" answer to a question does not necessarily mean noncompliance with your permit or with the federal regulations. In order to establish the range of variability in the program it is necessary to ask questions along a fairly broad performance continuum. Your permitting authority may use some of this information as one component of a compliance evaluation. 1. MS4 Information City of Hutchison Name of MS4 Kent Exner Name of Contact Person (First) (Last) (320) 234 -4212 Telephone (including area code) 111 Hassan Street SE Mailing Address Hutchinson Public Works Director (Title) kexner @ci.hutchinson.mn.us Email Cit •What size population does your MS4 serve? 13913 What is the reporting period for this report? (mm /dd /yyyy) MN 55350 State ZIP code From 01/01/2009 t 12/31/2009 2. Water Quality Priorities A. Does your MS4 discharge to waters listed as impaired on a state 303(d) list? V Yes ❑ No B. If yes, identify each impaired water, the impairment, whether a TMDL has been approved by EPA for each, and whether the TMDL assigns a wasteload allocation to your MS4. Use a new line for each impairment, and attach additional pages as necessary. Impaired Water Impairment .Approved TMDL TMDL assigns WLA to MS4 South Fork Crow River Aquatic macroinvertebrate bioa ❑ Yes ® No ❑ Yes ® No South Fork Crow River Turbidity ❑ Yes ® No ❑ Yes ® No South Fork Crow River Mercury ❑ Yes ® No ❑ Yes ® No South Fork Crow River Fish bioassessments ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No C. What specific sources contributing to the impairment(s) are you targeting in your stormwater program? We target TSS and nutrients through our SWPPP MCM's D. Do you discharge to any high - quality waters (e.g, Tier 2, Tier 3, outstanding natural resource waters, or other state or federal designation)? E] Yes 6Z No E. Are you implementing additional specific provisions to ensure their continued integrity? ❑ Yes ®No Small MS4 Annual Report Form (cont) 0 . Public Education and Public Participation A. Is your public education program targeting specific pollutants and sources of those pollutants? ® Yes ❑ No B. If yes, what are the specific sources and /or pollutants addressed by your public education program? Residential and Construction sit es are targeted for sediment, nutrients, chemicals, etc. C. Note specific successful outeome(sl (e.g., quantified reduction in fertilizer use; NOT tasks, events, publications) fully or partially attributable to your public education program during this reporting period. We are currently unable to quantify the activities performed on private property. D. Do you have an advisory committee or other body comprised of the public and other [I Yes 17J No stakeholders that provides regular input on your stormwater program? 4. Construction Stop Work Orders # No Authority ❑ A. Do you have an ordinance or other regulatory mechanism stipulating: Civil penalties # No Authority Erosion and sediment control requirements? ® Yes ❑ No Other construction waste control requirements? ® Yes ❑ No Requirement to submit construction plans for review? ® Yes ❑ No h1S4 enforcement authority? 91 Yes ❑ No B. Do you have written procedures for Reviewing construction plans? ® Yes ❑ No Performing inspections? ®Yes ❑ No Responding to violations? ® Yes ❑ No C. Identify the number of active construction sites > I acre in operation in your jurisdiction at any time during the reporting period. 3 D. How many of the sites identified in 4.0 did you inspect during this reporting period? 3 E. Describe, on average, the frequency with which your program conducts construction site inspections. 2 inspections on average F. Do you prioritize certain construction sites for more frequent inspections? If Yes, based on what criteria? ❑ Yes Z No G. Identify which of the following types of enforcement actions you used during the reporting period for construction activities, indicate the number of actions, or note those for which you do not have authority: FA Yes Notice of violation # 7 No Authority ❑ ❑ Yes Administrative fines # No Authority ❑ Yes Stop Work Orders # No Authority ❑ ❑ Yes Civil penalties # No Authority ❑ Yes Criminal actions # No Authority ❑ ❑ Yes Administrative orders # No Authority ❑ ❑ Yes Other 9 H. Do you use an electronic too] (e.g., GIS, data base, spreadsheet) to track the locations, yes ❑ No inspection results, and enforcement actions of active construction sites in your jurisdiction? I. What are the 3 most common types of violations documented during this reporting period? • perimeter protection not functioning, sediment tracking, waste disposal J. How often do municipal employees receive training on the construction program? at least once annually 7 rl LP-) Small MS4 Annual Report Form (cont) Z Yes 0 . Illicit Discharge Elimination ® Yes A Have you completed a map of all outfalls and receiving waters of your storm sewer system? V] Yes ❑ No B. Have you completed a map of all storm drain pipes and other conveyances in the storm sewer ® Yes ❑ No ❑ No system? ® Yes C. Identify the number of outfalls in your storm sewer system. 63 W] Yes D. Do you have documented procedures, including frequency, for screening outfalls? ® Yes ❑ No E. Of the outfalls identified in 5.C, how many were screened for dry weather discharges during this reporting period? 26 F. Of the outfalls identified in 5.C, how many have been screened for dry weather discharges at any time since you obtained MS4 permit coverage? 48 G. What is your frequency for screening outfalls for illicit discharges? Describe any variation based on size /type. We inspect outfalls at a minimum of once every five years H. Do you have an ordinance or other regulatory mechanism that effectively prohibits illicit discharges? Yes ❑ No 1. Do you have an ordinance or other regulatory mechanism that provides authority for you to ®yes L] No take enforcement action ancllor recover costs for addressing illicit discharges? J. During this reporting period, how many illicit discharges /illegal connections have you discovered? 13 K. Of those illicit discharges /illegal connections that have been discovered or reported, how many have been eliminated? 13 L. How often do municipal employees receive training on the illicit discharge program? Annually 0 6. A Stormwater Management for Municipal Operations Have stormwater pollution prevention plans (or an equivalent plan) been developed for All public parks, ball fields, other recreational facilities and other open spaces Z Yes ❑ No All municipal construction activities, including those disturbing less than I acre ® Yes ❑ No All municipal turf grass /landscape management activities ® Yes ❑ No All municipal vehicle fueling, operation and maintenance activities ® Yes ❑ No All municipal maintenance yards ® Yes ❑ No All municipal waste handling and disposal areas W] Yes ❑ No Other B. Are stormwater inspections conducted at these facilities? ® Yes ❑ No C. If Yes, at what frequency are inspections conducted? Various frequencies, typically once annually D. List activities for which operating procedures or management practices specific to stormwater management have been developed (e.g.. road repairs, catch basin cleaning). road repairs, catch basin cleaning, outfall cleaning and inspections, stormwater system maintenance E. Do you prioritize certain municipal activities and /or facilities for more frequent inspection? W1 Yes ❑ No F. If Yes, which activities and /or facilities receive most frequent inspections? catch basins G. Do all municipal employees and contractors overseeing planning and implementation of stormwater- related activities receive comprehensive training on stormwater management? H. If yes, do you also provide regular updates and refreshers? • I. If so, how frequently and /or under what circumstances? ® Yes ❑ No ❑ Yes ® No 3 I (--) Small MS4 Annual Report Form (cont) a . Long -term (Post- Construction) Stormwater Measures A. Do you have an ordinance or other regulatory mechanism to require: Site plan reviews for stormwater /water quality of all new and re- development projects? ® Yes ❑ No Long -term operation and maintenance of stormwater management controls? ® Yes ❑ No Retrofitting to incorporate long-term stormwater management controls? ❑ Yes ®No B. If you have retrofit requirements, what are the circumstances /criteria? C. What are your criteria for determining which new /re- development stormwater plans you will review (e.g., all projects, projects disturbing greater than one acre, etc.) All projects are reviewed D. Do you require water quality or quantity design standards or performance standards, either directly or by reference to a state or other standard, be met for new development and 2 Yes ❑ No re- development? E. Do these performance or design standards require that pre - development hydrology be met for: Flow volumes ® Yes ❑ No Peak discharge rates ® Yes ❑ No Discharge frequency ® Yes ❑ No Flow duration ® Yes ❑ No F. Please provide the URL /reference where all post - construction stormwater management standards can be found, or e -mail to MS4 Perin itProeram.PCA state, inn.us an electronic copy of the ordinance or other regulatory mechanism as specified in Part V.G.S of the permit, http:l/www.ci.hutchinson.mn.us/pdf/Stormwater0rdinance • G. How many development and redevelopment project plans were reviewed during the reporting period to assess impacts to water quality and receiving stream protection? 2 H. How many of the plans identified in 7.G were approved? 2 1. How many privately owned permanent stormwater management practices /facilities were inspected during the reporting period? 0 J. How many of the practices /facilities identified in I were found to have inadequate maintenance? 0 K. How long do you give operators to remedy any operation and maintenance deficiencies identified during inspections? 90 days L. Do you have authority to take enforcement action for failure to properly operate and maintain ®yes ❑ No stormwater practices /facilities? M. How many formal enforcement actions (i.e., more than a verbal or written warning) were taken for failure to adequately operate and/or maintain stormwater management practices? 0 N. Do you use an electronic tool (e.g., GIS, database, spreadsheet) to track post- construction ®yes El No BMPs, inspections and maintenance? O. Do all municipal departments and /or staff (as relevant) have access to this tracking system? W] Yes ❑ No P. How often do municipal employees receive training on the post - construction program? once annually 8. Program Resources A. What was the annual expenditure to implement MS4 permit requirements this reporting period? B. What is next year's budget for implementing the requirements of your MS4 NPDES permit? :1 � �� Small MS4 Annual Report Form (cont) C. This year what is /are your source(s) of funding for the stormwater program, and annual revenue (amount or percentage) derived from each? Source: Stormwater Utility Fund Amount $ OR % Source: Engineering Department Amount $ OR Source: Amount $ OR % D. How many FTEs does your municipality devote to the stormwater program (specifically for implementing the stormwater program; not municipal employees with other primary responsibilities)? 1 E. Do you share program implementation responsibilities with any other entities? ❑ Yes Z No Entity Activity/Task /Responsibility Your Oversight/Accountability Mechanism 9. Evaluating /Measuring Progress A. What indicators do you use to evaluate the overall effectiveness of your stormwater management program, how long have you been tracking them, and at what frequency? These are not measurable goals for individual management practices or tasks, but large -scale or long -term metrics for the overall program, such as maeroinvertebrate community indices, measures of effective impervious cover in the watershed, indicators of in- stream hydrologic stability, etc. Began Tracking Number of Indicator (year) Frequency Locations NA J B. What environmental quality trends have you documented over the duration of your stormwater program? Reports or summaries can be attached electronically, or provide the URL to where they may be found on the Web. NA • 5 V] tp-) Small MS4 Annual Report Form (cont) • 10. Additional Information In the space below, please include any additional information on the performance of your MS4 program. If providing clarification to any of the questions on this form, please provide the question number (e.g., 2C) in your response. • Certification Statement and Signature I certify that all information provided in this report is.. to the best of my knowledge and belief, true, accurate and complete. ® Yes Federal regulations require this application to be signed as t'oI lows : For a municipal, State, Federal, or other public faciIitve by either a principal executive or ranking elected official. Kent Exner, Director of Public Works Vame of Certifying Official, Title 04127!2010 Date (mm/dd /yyyy) q �� Marc A. Sebora, City Attorney • • • Office of the City Attorney H1 Hassan street SE Hutchinson, MN 55350 -2522 320 - 587- 515UFax 320 -234 -4201 TO: Mayor & City Council FROM: Marc A. Sebora, City Attorney DATE: April 23, 2010 SUBJECT: Discussion of the Keeping of Bees Within Hutchinson City Limits As a follow up to our discussion at the last City Council meeting on the keeping of honey bees within city limits, please find attached information from the cities of Minneapolis and St. Paul found by Mayor Steve Cook. Please note that the ordinances have licensing requirements, restrictions on yard size, number of hives, and distances from yard lines, as well as requirements to ensure vertical flight from and to the hives. If this idea continues to move forward, the mayor has suggested adding language to any ordinance or policy that would require the city to be held harmless and provide financial protection for persons injured by kept bees. Should you have any questions, I would be happy to talk about them at the April 27 City Council meeting. — Printed on recycled paper —/ http: / /www.startribune.com/ lifestyle /homeg,irden/43075517.html ?page =l &c°y • trfirunexom Page I of 2 Buzz at Minneapolis city hall favors ending 34 -year beekeeping ban • Jim Geiuz. Star Tribune Powderborn resident Elise Kylio on V'dednesday tended to a honey bee hive she keeps at the home of a trend in south Mtnneapolhs. Minneapolis drew closer to legalizing hives after the City Council heard from "stealth beekeepers." By STEVE BRANDT, Star Tribune last update: April 16, . 2009.. 12.03 P;lo To bee or not to bee? It's looking like the former, with a proposal to legalize beekeeping in Minneapolis advancing unanimously at City Hall on Wednesday. City gardeners and hobbyists with cases of hives already showed up at a City Council committee to argue for a proposal by Council Member Diane Ffofstede that would set the requirements for keeping bees in the city after a 34 -year ban. St. Paul has allowed beekeeping for decades, and the League of Minnesota Cities reports more cities arc getting inquiries from residents. "They're extremely important little creatures." University of Minnesota entomology Prof. Marla Spivak, whose research specialty is honey bees. told the council. Advocates listed benefits ranging from better pollination of gardens and fruit trees to the sweet reward of honey. She and other supporters had to deal with a few common misconceptions to reassure the council's regulatory committee. "They truly are docile -- beyond gentle," Nicollet Island resident Peat Willcuttsaid. E.ven swarms that occur when a colony of I1MRCH /APRIL PACKAGE SUNDAY • THURSDAY, $79 J FRIDAY, $89 INCLUn N YOUR PACKAGE: S"7? E%%' aG CEn T�FrCArE TJ ANY V's LAKE_ FP,pr.. 0�_ITLE7 • Print Powered By _ Oyri. rMAi _ http: / /w /templates /fdep ?1272022752564 M sto 17ET E+.:G(DuPCnr MYS +tG LAKE. rFr � A; F F P . F .7h r�G 1� rPCI 4V', rI N;_Y' PA 5t,3 CASFNO • 840T EL �a sue• ur mysticlake.com 96 ) 4/23/2010 • • http: / /www.startribune . com/'lifestyle ,lhomegardeiV43075517.html ?page =l &c =y ® ` Page 2 of 2 bees divides are relatively calm, Spivak said. But the proposed ordinance includes a few safeguards designed to keep the neighbors calm, too. Consent from all abutting property owners would be required, plus 80 percent of owners within 100 feet of the keeper's lot. The bee area would have to be fenced, with flyways devised with barriers to get bees to altitude quickly when the hive is near a property line. Keepers would be required to get some schooling and a city permit of $100 initially and $50 annually. Bees a balm to keepers Most owners of a typical 40- foot -wide city lot would be limited to one or two hives. But isolated undeveloped lots could be approved for several times that many. The council was lobbied by several city residents who admitted they're stealth beekeepers. Powderhorn resident and gardener Elise Kv[to keeps a couple of colonies, gets requests frorn friends for hives and asked the council to Ieealize her habit. "I'm fascinated by the creatures," she said. Jacquelynn Goessling of the Kingfield neighborhood said keeping bees fits the city's initiative to encourage the consumption of fresh, locally grown foods. She's hoping pollination will buttress yields from her back y and pear tree and a nearby community garden. Kathleen Connelly, a longtime city resident who's temporarily livingjust over the border of Golden Valley, said she's waiting to see whether the proposal passes before deciding where to buy a house. She now keeps her colonies in Zumbrota. She called bee prohibitions a relic of efforts by developing suburbs to shed their agrarian pasts. With hiving season at hand, the city hopes to accept applications by June I if the measure passes as expected on April 25. "This is very intriguing," Chairman Don Samuels told the crowd before the unanimous vote. "You made a believer of me. I'm kind of envisioning my beehive." Steve Brandt •612 -673 -4438 THE SECOND CITY FRIDAY, JUNE 4 ON SALE NOW T1rKETMASTea.00M f Y5 +iC LAKE CASINO • HOTOL mysticlake.com Print Powered By http: / /wuwv.star /templates /fdcp? 1272022752564 4/23/2010 The buzz: Urban beekeepers are a growing colony - Flash Player Installation Page 3 of 8 x Lo { tr y gym/ V,71 LXIt< la XM R TAj Ftn:a rMR.j ' Home I Lifestyle I Home + Garden The buzz: Urban beekeepers are a growing colony Home is where the hive is for urban beekeepers, who hope to improve their gardens, produce honey or protect this misunderstood - and possibly endangered - insect. By KIM PALMER, Star Tribune Last update: June 23, 2009 - 7:32 PM Print this story E -mail this story Save to del.icio.us Share on Facebook Share on Dgg Related Content n LJ htip: / /wxvw. startribune.com /lifestyle /home.-arden /48885402.html ?elr= KArks:DCiU 1 PciUo... 4/23/2010 The buzz: Urban beekeepers are a growing colony - Flash Player Installation Page 4 of 8 David Nicholson and Betsy Ranum check their bee hive in the backyard. • Joel Koyama, Star Tribune Video: Let them bee Bee facts Books on bees Part 2: Homegrown heats up Part l: Raising chickens More from Home + Garden • Fixit: 5 myths of going green • Remodeled home is old - school green • Danny Seo: Saving the Earth, one home at a time . Greengirls_go live Divine Design: Bath goes from blah to blissful The last time David Nicholson appeared in the Star Tribune, he didn't reveal his face or last name. Nicholson was trying to stay under the radar because he was engaged in an illegal activity: harboring honeybees. But now that Minneapolis has ended its decades -long bee ban, stealth beekeepers are emerging from the shadows to talk up their hobby. "I find bees absolutely fascinating," said Nicholson. He and his partner, Betsy Ranum, a bee research assistant at the University of Minnesota, have been keeping them in their south Minneapolis back yard for the past three years. "It's so pleasant to sit there," Nicholson said. "The bees are busy, and it smells so nice around the hive." The couple's bees weren't a secret in the neighborhood. They talked to their nearest neighbors in advance, and one even helped build their "flyway barrier" -- a tarp enclosure designed to direct the bees' flight from the hive upward, out of humans' way. Nicholson said the bees don't bother anyone, adding: "If we hadn't told people, they wouldn't know." Beekeeping, which also is allowed in St. Paul (with a permit) and in many Twin Cities suburbs, is on the rise, part of the urban agriculture movement. More city dwellers are replacing their turf grass with vegetable plots and adding back -yard chicken coops and apiaries, or beehives. The Minnesota Hobby Beekeepers Association boasts about 300 members, up from 250 a few years ago, said president Dan Malmgren. There's added buzz around bees because there's a sense of urgency; many fear they're an endangered species. hat's relevant to anyone who eats. "We need bees to pollinate our plants," said Bob Sitko, a certified master beekeeper who teaches classes at �L) http: / /www.startribune.com/ lifestyle /homegarden/ 48885402 .html ?elr=KArks:DCiUIPeiUo... 4/23/2010 The buzz: Urban beekeepers are a growing colony - Flash Player Installation Page 5 of 8 Century College in White Bear Lake. "If all bees disappeared today, we wouldn't have watermelons, blueberries. .... They're responsible for about one -third of the food supply." Better produce Next page Recent Home + Garden stories The dirt: Funkie Gardens returns - June 23, 2009 J The dirt: Funkie Gardens returns - The former Prescott, Wis., garden store will reopen with a new owner in Marine on St. Croix. More Comment on this story Read all 10 comments I Hide reader comments Register or log in to comment Comments are subject to the sites terms of use and do not necessaril reflect the opinion or approval of the Star Tribune. Readers whose comments violate the terms of use may have their comments removed or all of their content blocked from viewing by other users without notification. Read all 10 comments I Hide reader comments Register or log in to comment Post your comment: Title (Optional) Your comments: Post your comment • 3L) http: / /www.startribune.com/ lifestyle / homegarden /48885402.html ?elr—KArks:DCiU 1 PciUo... 4/23/2010 CHAPTER 74. MISCELLANEOUS REGULATIONS Page 5 of 9 necessary actions to protect the health and safety of the public and the animals. • (k) It shall be unlawful for any person to furnish false information for the purpose of obtaining a permit. Any permit obtained under fraudulent pretenses is void and shall be revoked. (1) Any person applying for a permit shall provide evidence of surety bond or liability insurance in the amount set by Minneapolis Animal Care and Control which covers incidences or occurrences involving animals. (m) Minneapolis Animal Care and Control may deny an application for a traveling animal exhibition permit for any of the following reasons: (1) Failure to comply with or supply any information or access requested and/or required, or (2) Falsification of any information required; or (3) Previous or current violations of any provisions of this chapter; or (4) Previous or current citations, violations of any local, state, or federal law relating to cruelty to animals, public safety or animal exhibition permits. (n) Minneapolis Animal Care and Control may revoke a permit for any of the following reasons: (1) Failure to comply with the terms of this chapter; or (2) Falsification of any information required, or (3) Current violations of any provisions of this chapter; or (4) Violation of any local, state or federal law applicable to animals and/or traveling • animal exhibitions. (5) Any instance of animal cruelty, abuse or neglect within the City of Minneapolis. (o) Minneapolis Animal Care and Control may confiscate, order veterinarian care, and /or prevent from exhibition any animal which possess a threat to public safety (including, but not limited to animals not current with vaccinations) and /or is in immediate danger due to animal cruelty, abuse or neglect. (p) In the event of a permit denial by Minneapolis Animal Care and Control, the applicant may, upon written request, have the denial reviewed by the public safety and regulatory services committee of the city council no less than thirty (30) days prior to the scheduled or planned event in the city. The committee shall make a recommendation concerning the application to the full city council at the conclusion of the hearing. If the denial is affirmed by the city council, the applicant may seek such judicial review as permitted by law. (2008 -Or -004, § 3, 2 -1 -08) 74.70. Reserved. Editor's note: Section 1 of 88 -Or -088, adopted May 13, 1988, deleted § 74.70 in its entirety. Said section pertained to destruction of dangerous animals, and was derived from Code 1960, as amended, § 816.070; and § 2 of an ordinance of June 13, 1975. 74.80. Keeping of honeybees. (a) No person shall keep, maintain, or allow to be kept any hive or other facility for the housing of honeybees on or in any property in the City of O inneapolis without a permit. (b) The number and location of hives, colonies and /or facilities for the housing of honeybees permitted by this section shall be determined by a permit issued by Minneapolis Animal Care st-� http://Iibraryl.municode.com/default-test/DocView/I 1490/l /66/74 4/21/2010 CHAPTER 74. MISCELLANEOUS REGULATIONS Page 6 of 9 and Control. The permit shall specify any restrictions, limitations, conditions or prohibitions • required by the manager of animal care and control as necessary to safeguard public health and the general welfare. Subject to a hearing to be held by a committee of the council or other designated hearing examiner, if requested within five (5) days of the notification, the manager of animal care and control may deny, suspend or revoke any permit applied for or granted pursuant to this section if any condition or requirement is violated or if the keeping of honeybees becomes a public nuisance. (c) The manager of Minneapolis Animal Care and Control may grant a permit pursuant to this section only after the applicant has met any educational requirements as established and published by the manager and received the written consent of at least eighty (80) percent of the occupants of the several descriptions of real estate situated within one hundred (100) feet of the applicant's real estate and one hundred (100) percent of the signatures of occupants of properties immediately adjacent to the applicant's real estate. When the proposed location of the hives, colonies and facilities is within a large real estate parcel greater than four (4) acres in size, the applicant must receive approval from eighty (80) percent of the occupants of the several descriptions of real estate situated within two hundred fifty (250) feet of the hives and one hundred (100) percent of the occupants of the several descriptions of real estate situated within one hundred fifty (150) feet of the hives. For the purposes of this subsection, the term "occupant" refers to any one (1) occupant for each of the real estate properties referenced. (d) Any person desiring a permit for the keeping of honeybees shall make application to Minneapolis Animal Care and Control. Approval of the application is subject to reasonable conditions prescribed by the manager of Minneapolis Animal Care and Control. All permits issued shall expire on January thirty -first of the year following issuance unless sooner revoked. The application fee for such permit shall be one hundred dollars ($100.00) which shall be paid at the time of application. The annual renewal fee thereafter for such permit shall be fifty dollars • ($50.00). Minneapolis Animal Care and Control shall inspect the premises annually or as deemed necessary. Should the permit be refused, denied or revoked, the fee paid with the application shall be retained by Minneapolis Animal Care and Control. (e) Minneapolis Animal Care and Control shall enforce the provisions of this section. (f) Definitions. As used in this section: (1) Apiary means the assembly of one (1) or more colonies of honeybees at a single location. (2) Beekeeper means a person who owns or has charge of one (1) or more colonies of honeybees. (3) Beekeeping equipment means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. (4) Colony means an aggregate of honeybees consisting principally of workers, but having, when perfect, one (1) queen and at times drones, brood, combs, and honey. (5) Hive means the receptacle inhabited by a colony that is manufactured for that purpose. (6) Honeybee means all life stages of the common domestic honeybee, Apis mellifera species of European origin. (7) Lot means a contiguous parcel of land under common ownership. (8) Nucleus colony means a small quantity of honeybees with a queen housed in a • smaller than usual hive box designed for a particular purpose. (9) Undeveloped property means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human ^ http:/ /library I.municode.com/default-test/DoeView/1 1490/1 /66/74 4/21/2010 CHAPTER 74. MISCELLANEOUS REGULATIONS Page 7 of 9 • occupancy and the grounds maintained in associations therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. (g) Standards of practice. Any person obtaining a permit pursuant to this section shall comply with the following standards of practice: (1) Honeybee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition. (2) Each beekeeper shall ensure that a convenient source of water is available to the colony prior to and so long as colonies remain active outside of the hive. (3) Each beekeeper shall ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect -proof container. (4) For each colony permitted to be maintained under this ordinance, there may also be maintained upon the same apiary lot, one (1) nucleus colony in a hive structure not to exceed one (1) standard nine and five - eighths (9 5/8) inch depth ten -frame hive body with no supers. (5) Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall be a violation of this section for any beekeeper's unused equipment to attract a swarm, even if the beekeeper is not intentionally keeping honeybees. • (6) Each beekeeper shall enclose their property with a latching fence. (h) Colony density. Any person obtaining a permit pursuant to this section shall comply with the following restrictions on colony density: (1) Except as otherwise provided in this ordinance, in each instance where a colony is kept less than twenty -five (25) feet from a property line of the lot upon which the apiary is located, as measured from the nearest point on the hive to the property line, and any entrances to the hive faces that lot line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height. The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that honeybees will fly over rather than through the material to reach the colony. If a flyway barrier of dense vegetation is used, the initial planting may be four (4) feet in height, so long as the vegetation normally reaches six (6) feet in height or higher. The flyway barrier must continue parallel to the apiary lot line for ten (10) feet in either direction from the hive. All other sides of the area encompassing the colonies shall consist of fencing, a wall, dense vegetation or combination of at least four (4) feet tall. The area encompassing the colonies need not entail the entire property. A flyway barrier is not required if the property adjoining the apiary lot line is undeveloped, or is zoned agricultural or industrial, or is a wildlife management area or naturalistic park land with no horse or foot trails located within twenty -five (25) feet of the apiary lot line. A flyway barrier is not required if the hives are located on the roof of a structure containing at least one (1) full story if all hives are located at least five (5) feet from the side of the structure and at least fifteen (15) feet from any adjacent and occupied structure. (2) No person is permitted to keep more than the following numbers of colonies on any . lot within the city, based upon the size or configuration of the apiary lot: a. One -half ( 1/2) acre or smaller lot: Two (2) colonies; b. Larger than one -half ( 1/2) acre but smaller than three - quarter ( 3/4) acre lot: Four (4) colonies, http://IibraryI.municode.com/default-test/DocView/1 1490/1/66/74 4/21/201 t�L) CHAPTER 74. MISCELLANEOUS REGULATIONS Page 8 of 9 is c. Larger than three - quarter ( 3/4) acre lot but smaller than one (1) acre lot: Six (6) colonies; d. One (1) acre but smaller than Five (5) acres: Eight (8) colonies; e. Larger than Five (5) acres: As determined by the manager of Minneapolis Animal Care and Control. (3) Regardless of lot size, so long as all lots within a radius of at least two hundred (200) feet from any hive, measured from any point on the front of the hive, remain undeveloped, the maximum number of colonies may be increased by the manager of Minneapolis Animal Care and Control. No grandfathering rights shall accrue under this subsection. (4) If a beekeeper serves the community by removing a swarm or swarms of honeybees from locations where they are not desired, a beekeeper shall not be considered in violation of the portion of this section limiting the number of colonies while temporarily housing the swarm on the apiary lot in compliance with the standards of practice established pursuant to this section if the swarm is so housed for no more than thirty (30) days from the date acquired. (Code 1960, As Amend., § 816.080; Ord. of 6- 13-75, § 2; 2009 -Or -032, § 1, 4- 24 -09) 74.90. Seeing Eye or Hearing Aide dogs permitted in public places. Whenever any blind or hearing- impaired person accompanied by a "Seeing Eye" or "Hearing Aide" dog presents himself or herself for accommodation or service on any public conveyance vehicle or to any . cafe, restaurant, store, or other place of business open to the public, it shall be unlawful for the owner, proprietor, manager, or operator of such vehicle or place of business to refuse admission to the dog or service to the blind or hearing- impaired person. (Code 1960, As Amend., § 816.090; Ord. of 6- 13 -75, § 2, 82 -Or -160, § 1, 8- 13 -82; Pet, No. 248858, § 12, 3 -31- 89) 74.100. Sale of baby chicks or artificially colored animals or fowl prohibited. No person shall sell, offer for sale, barter, give away, or be in possession of any artificially colored animals or fowl. No person shall sell, offer for sale, barter, or give away any chicks, ducklings, or other fowl under two (2) months of age. (Code 1960, As Amend., § 816.100; Ord. of 6- 13 -75, § 2) 74.110. Animal traps and similar devices. (a) [ Use prohibited. ] No person shall set, lay or prepare any trap or mechanical device capable of killing, injuring or maiming any person, domestic animal or wildlife. No owner or person having the care, custody or control of any dwelling, building or other structure shall permit such a trap or device to be set or to remain set on the premises inside or outside such dwelling, building or structure. (b) [Exceptions. ] The provisions of this section do not apply: (1) To representatives of the city, county, state, federal government, or licensed pest control operators while in the course of their official duties and a more humane trap is not available; (2) Nor to property owners, their agents or their tenants who may employ, on private property: a. A trap specifically designed to eradicate rats, mice or moles, or to-) http: / /library l .municode,com /default- test/DocV iew /11490/1 /66/74 4/21/2010 DEPARTMENT OF SAFETY AND INSPECTIONS Bob Kessler, Director CITY OF SAINT PAUL Telephone: 651 - 266 -9090 Chrisropher B. Coleman, kfm or 375 Jackson Sheer, Stile 320 Fac,,,We: 651- 266 -9124 Safnt Paid, Mmnesota 55101 -1029 Web: wrvw.slpaed gov:'dsi RULES AND REGULATIONS RELATING TO KEEPING OF ANIMALS In Accordance with Saint Paul Legislative Codes 198 and 200.15 A. Scope and Purpose. The provisions of this regulation will apply to the keeping of animals, requiring a permit from the City of Saint Paul Department of Safety and Inspections (DSI), Animal Control Center. Animals covered under this permit are: more than one (1) rabbit; and /or one (1) or more hoofed animals, pig, ferret, mink, chicken, turkey, duck, goose, pigeon or similar small animal or bird; any chinchilla, hamster, gerbil, white rat, mouse, or guinea pig which is not kept as a pet; bees; wild or exotic animals; more than three (3) cats'. more than three (3) dogs; and animals not absolutely prohibited by Chapter 198.03. B. Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter. The word ` as used herein, indicates a mandatory requirement. 1) Bees are defined as Genus and Species Apes Mellifera. 2) "Wild animals" shall mean all living creatures, not human, wild by nature, endowed with sensation • and power of voluntary motion, and includes quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks. 3) "Dog" and "Cat' shall mean male or female of any breed of any domesticated dog or cat. When such animals are kept, they shall be controlled to prevent them from harming themselves or the public. They shall also be kept in such a manner as to prevent them from becoming a public or private nuisance. C. Application for Permit 1) The application for a permit shall be on a form supplied by the Animal Control Center. Application for a permit shall be accompanied by written approval from 75% of owners and /or renters of privately or publicly owned real estate within 150 feet of the outer boundaries of the applicant's premises for which the permit is being requested, or proof that the applicants property lines are 15C feet or more from any structure. 2) The application shall list the species and the maximum number of animals for which the permit is applicable. If the permit is for cats or ferrets, each cat or ferret must be listed by name and have proof of current rabies vaccination. If the permit is for dogs, each dog must be listed by name and currently licensed, and have proof of current rabies vaccination. 3) The permit shall state the species and the number of animals which may be maintained on the premises, and the permittee shall immediately inform the Animal Control Center, in writing, when the number of animals maintained on the premises exceeds the number allowed by the permit or when a different number or species is substituted for those listed on the permit. If a permittee • wishes to increase the number of animals allowed or substitute or add a different species to those listed on the permit, a new permit (including a new petition) must be applied for, and the appropriate fee paid. AA- ADA-F_EO Employer U —J • 4) Permits for fostering or rescuing animals shall have this stated on the application, and the applicant must possess a State Board of Animal Health Certificate. 5) For buildings or structures which consist of five (5) or more individual units, the applicant must obtain written permission of the Property or Association Manager. It shall be the responsibility of this Manager to instill any additional rules and regulations it deems necessary. 6) Where a property consists of a multiple dwelling and lies within 150 feet of the applicant's dwelling, the applicant need only obtain the written consent of the Owner, Manager, or other person in charge of the building. D. Facilities I) Housing facilities and grounds shall be maintained in a clean and sanitary condition, and in good repair. Flies, rodents, and noxious odors shall be controlled. Facilities shall be kept free of fecal matter, and collected fecal material shall be properly stored and disposed. 2) Construction and maintenance of the holding facilities shall comply with all applicable rules, regulations, ordinances, and statutes. 3) Stored fecal matter shall not be allowed to accumulate on the property. Stored fecal matter shall be removed at least twice each week between April I and November 30. 4) No permit shall be issued until the owner has demonstrated that the animal(s) shall be kept in a holding area, capable of containing the animal(s). O E. Flying of Pigeons Racing and Homing pigeons may be allowed to fly for a period of time not to exceed two (2) hours. The two -hour period may take place once in the morning between the hours of 6:00 a.m. and 10:00 a.m., and once in the evening between the hours of 3:00 p.m. and 7:00 p.m. The birds shall not be allowed to become an annoyance or nuisance to neighboring properties. Rodent Control When rodent control measures are indicated, rodent control measures will be instituted by the permit holder or by any approved licensed pest control operator. G. Bees 1) There shall be only one colony of bees for every 2,000 square feet of property area. 2) The bee hive(s) shall be located in the center of the property furthest away from adjoining property lines. 3) The bee hive(s) shall be surrounded by a hedge, snow fence or other barrier to insure that when the bees enter or leave the hive they assume a vertical flight pattern. 4) See the enclosed "Bee Restrictions" form for additional requirements. • AA- ADA -FF0 Employer H. Dogs /Cats/Ferrets Sec. 199.02: Vaccination requirements, and Sec. 199.03: Vaccination identification. 1) Every dog, cat, or ferret four (4) months of age and older, shall be vaccinated against rabies. 2) Every dog, cat, or ferret which is not vaccinated at the time of its acquisition or transportation into the city shall be vaccinated within thirty (30) days of acquisition or arrival, whichever is applicable, unless the dog, cat, or ferret is under four (4) months of age. Vaccination must be kept current. A metal or durable plastic current rabies vaccination tag, issued by the attending veterinarian, shall be securely attached to the collar or harness of the dog, cat, or ferret by the owner. Whenever the dog, cat, or ferret is out of doors, whether on or off the owner's premises, the collar or harness with the vaccination tag must be worn. In addition, the owner may be requested to provide a current certificate of rabies vaccination issued by the veterinarian. 3) The owner /applicant shall provide copies of CURRENT anti - rabies vaccinations for ALL animals prior to, or during inspection. 1. Other Restrictions Obtaining and maintaining a permit is also subject to any other restriction or condition not listed in the rules and regulations which are imposed by the DSI or the Animal Control Center to protect the public health and safety, or to prevent or control a condition unique to the applicant's premises or animals. J. Revocation/Denial of Permit 1) Violation of the terms of the permit or the rules and regulations for obtaining and maintaining a • residential permit shall be grounds for revocation or denial of the permit. 2) Substantiated reports from owners or renters within 150 feet of the outer boundary of the permittee's property that the animals frequently or habitually are noisy or create another nuisance condition shall be grounds for revocation of the permit. 3) Failure to renew the permit shall be grounds for revocation of the permit. 4) Violation of PRIVATELY owned building or association rules and regulations shall be grounds for revocation of the permit. 5) Notification of INTENT TO DENY OR REVOKE shall be issued by the DSI or the Animal Control Center by mail or in person, and shall mean the permit is pending. The applicant or permit holder will have ten (10) days maximum to remove, reduce the number of animals, or to appeal this decision, whichever is applicable. If appealing the decision, the appeal must be submitted in writing within ten (10) days of receiving the denial notification. The appeal shall be submitted to: City of Saint Paul Director, DSI 375 Jackson Street, Suite 220 Saint Paul, M 55101 -1024 • January Zoos .AA -ADA -EEO Employer [ 1 V J _/ • DEPARTMENT OF SAFETY AND INSPECTIONS Bob Kessler, Director CITY OF SAINT PAUL Christopher B Calenian „4layar 375 Jackson So'eet, Soo, 220 Telephone: 651 -366 -9090 S,w P,o l Minnesota 55101 Facsimile: 657 - 266 -91?4 Wi,b: wwv..stponlgov In addition to the 'Rules and Regulations Relating to Keeping of Animals ", you must also comply with the following Bee Restrictions: I. Care must be taken so as not to cause a public nuisance in your neighborhood. 2. Fencing. Access to the bee hive shall be controlled by fencing, and shall meet the following criteria: a) Fencing shall be constructed so that children cannot get closer than 10 feet to bee hive. b) The fencing shall effectively prevent the entrance of children, and be without hand- or foot -holds that would enable a child to climb over it. • c) The fencing shall be at least 5 feet high, and entrances shall be equipped with a self - closing, latching gate. Gate shall be kept locked. Posting Signs. Permittee shall post a sign stating "WARNING BEE HIVE" in letters that are at least 4 inches in height. This sign shall be posted conspicuously at the top of the fence surrounding the bee hive. Inspection. The Saint Paul Department of Safety and Inspections (DSI) is authorized to conduct such inspections as it deems necessary to insure compliance with all provisions of this chapter, and shall have right of entry at any reasonable hour to the bee hive for this purpose. Permittee shall defend and indemnify the City of Saint Paul against any and all claims arising out of keeping the bees on the premises. 0 Revised 1/2008 AA -ADA -EEO Employer M Chapter 198. Keeping of Animals* 0 Chapter 198. Keeping of Animals" Pagel of 3 'Editor's note: This chapter is derived from Code 1956, §§ 327.01 -- 327.06; and from Ord. No. 17121, adopted March 22, 1984; and Ord. No. 17214, adopted Feb. 19, 1985. Sec. 198.01. Definitions. As used in this chapter, the terms defined in this section shall have the meanings ascribed to them: Environmental health officer means the director of the department of safety and inspections or his/her designee. Regulated animal means: (1) All members of the Felidae family including but not limited to, lions, tigers, cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats recognized as a domestic breed, registered as a domestic breed, and shown as a domestic breed by a national or international multibreed cat registry association; (2) Bears; (3) All nonhuman primates, including, but not limited to lemurs, monkeys, chimpanzees, gorillas, orangutans, marmosets. lonses, and tamarins; and (4) Any hybrid or cross between an animal listed herein and a domestic animal, and any offspring from all subsequent generations of those crosses or hybrids. Wild or exotic animal means any mammal, amphibian, reptile or bird which is of a species not usually domesticated, and of a species which, due to size, wild nature or other characteristic, is dangerous to humans. The term includes animals and birds, the keeping of which is licensed by the state or federal government, such as wolves, raptors and pheasants. By way of example and not of limitation, the term includes: snakes, eagles, weasels, badgers, deer and bison. The term also includes crossbreeds such as the cross between dogs and coyotes and dogs and wolves. Any wild or exotic animal which also fits the definition of a "regulated animal' shall be treated as a regulated animal for the purpose of this chapter. (C. F. No 97 -285, § 1, 4 -9 -97; C . No. 05 -630, § 1, 8- 10 -05; C.F. No 09 -1159, § 1, 11- 12 -09) •Sec. 198.02. Permits required; exceptions. (a) Hoofed animals. No person shall stable, keep or permit any hoofed animal to remain on any lot or premises within the city without a permit. (b) Small animals and birds of the orders Ansenformes and Galliformes. No person shall keep or permit more than one (1) live rabbit, or any mink, ferret, female chicken, turkey, duck, goose or pigeon or similar small animal or bird, in any dwelling or on the same lot or premises with a dwelling or other premises within the city without a permit. This paragraph does not apply to any single dove or any other small bird, or any chinchilla, hamster, gerbil, white rat, mouse or guinea pig maintained as a pet. (c) Public health and safety. To protect any person or neighboring use, or to protect the public health and safety, the environmental health officer may require permits for any animals being kept or maintained in a manner or number that may result in unsanitary conditions, unreasonable noise or odors, or annoyance, or the attraction of rodents or insects. (d) Bees. No person shall keep or allow to be kept any hive or other facility for the housing of bees within the city without a permit. (e) Wild or exotic animals. No person shall keep or allow to be kept any wild or exotic animal within the city without a permit, whether or not the keeping of such animal is licensed by the state or federal government. (f) Maximum number of cats. No person shall keep, harbor or maintain more than three (3) cats of over the age of three (3) months within any individual dwelling unit within the city without a permit. (g) Maximum number of dogs. No person shall keep, harbor or maintain more than three (3) dogs of over the age of three (3) months within any individual dwelling unit or on any lot or other parcel of property in the city without a permit. (h) Exceptions. This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any circus or show; nor does it apply to any public zoo, or persons temporarily keeping animals for a public zoo as volunteers, docents or otherwise; nor to any bona fide research institution, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided. (C.F. No. 93 -231, § 1, 3- 18 -93; C,F. No. 97 -285, § 2, 4 -9 -97; Ord. No. 09 -1159, § 1, 11- 12 -09) Sec. 198.03. Keeping of certain animals absolutely prohibited; exceptions. (a) Prohibited animals. No person shall keep, maintain, sell or harbor within the City of Saint Paul any of the following animals: (1) Any animal or species prohibited by federal or Minnesota law. (2) Any exotic animal or species when kept in such numbers or in such a way as to constitute a likelihood of harm to the animals themselves, to human beings or to the property of human beings, or which constitutes a public or private nuisance. • (3) Any skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies. (4) Any regulated animal obtained after January 1, 2005. (5) Any member of the familyCamdae, such as wolves, dingoes, coyotes and jackals, except domesticated dogs . http: / /library l .municode,com /4472 /DocV iew /10061/l/218/222 4/21/2010 Chapter 198. Keeping of Animals* Page 2 of 3 • (6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs and wolves. (7) Any raccoon. (8) Any red -eared turtle (Pseudemys scriptae- legans ) with a shell length of less than four (4) inches. (9) Any sugar glider (Petauras breviceps ). (10) Any male chicken (rooster). Any person keeping any prohibited animal identified above may have it seized immediately by animal control. (b) Exceptions. (1) This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any circus or show; nor does it apply to any public zoo, or persons keeping animals for a public zoo as volunteers, docents or otherwise; nor to any bona fide research institution, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided. (2) In the case of regulated animals, those exemptions listed in Minn. Stat. § 346.155, subd. 7 shall apply. (C. F. No 93 -231, § 1, 3- 18 -93, C.F. No 97 -285, § 3, 4 -9 -97; C.F. No 05 -630, § 1, 8- 10 -05I C.F. No. 07 -1147, § 1, 12- 26 -07; C.F. No. 09 -1159, § 1, 11- 12 -09) Sec. 198.04. Permit; application, procedures, term and fee. (a) Application. Any person desiring a permit required under the provisions of section 198.02 shall make written application therefor to the environmental health officer upon a form prescribed by and containing such information as required by the environmental health officer. Among other things, the application shall contain the following information. (1) A description of the real property upon which it is desired to keep the animal or animals. (2) The species and number of animals to be maintained on the premises. (3) A statement that the applicant/permittee will at all times keep the animals in accordance with all the conditions prescribed by the environmental health officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this chapter and grounds for cancellation of the permit. (4) Such other and further information as may be required by the environmental health officer. (b) Consent. The applicant for any permit required under the provisions of section 198.02 shall provide with the application the written consent of seventy -five (7 5) percent of the owners or occupants of privately or publicly owned real estate within one hundred fifty (150) feet of • the outer boundaries of the premises for which the permit is being requested or, in the alternative, proof that applicant's property lines are one hundred fifty (150) feet or more from any structure. However, where a street separates the premises for which the permit is being requested from other neighboring property, no consent is required from the owners or occupants of property located on the opposite side of the street. Where a property within one hundred fifty (150) feet consists of a multiple dwelling, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. (c) Fees, term ofpern if. For all permits issued hereunder, the fee shall be established by ordinance as provided in section 310.09(b) of the Legislative Code. The term of the permit shall be one (1) year from date of issuance, and the permit may be renewed from year to year with payment of an additional fee, established by ordinance as provided in section 310.09(b) of the Legislative Code, upon application to the environmental health offcer; provided, however, that upon any adverse action or violation of the conditions of the permit or substantial amendment to the permit application as originally described, a new application, fee and investigation may be required before the granting of a permit or renewal thereof. (d) Investigation by environmental health officer, may grant permit. The environmental health officer shall make such investigation as is necessary and may grant, deny or refuse to renew any application for permit under this chapter. (e) Permit: conditions. If granted, the permit shall be issued by the environmental health off cer and shall state the conditions, if any, imposed upon the permittee for the keeping of animals under the permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the environmental health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the environmental health officer for failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be effective from and after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such animals. (f) Refusal to grant orrenew a permit The environmental health officer may refuse a permit to keep or maintain animals hereunder for failure to comply with the provisions of this chapter, if the facilities for the keeping of the animals are or become inadequate for their purpose, if the conditions of the permit are not met, if a nuisance condition is created, or if the public health and safety would be unreasonably endangered by the granting of such permit. (g) Numbers of animals, species. The permit shall slate the maximum number and species of animals which may be maintained on the premises. The permittee shall not exceed the maximum number of animals allowed on the permit or substitute the animals with different species. A permittee that wishes to increase the number of animals allowed or to substitute or add a different species to those listed on the permit, shall be required to apply for a new permit and pay the appropriate fee. (GF. No. 95 -520, § 1, 6 -7 -95; C.F. No. 97 -285, § 4, 4 -9 -97) Sec. 198.05. Rules and regulations; conditions of permits. • (a) Rules and regulations. The environmental health officer shall promulgate rules and regulations prescribing the general conditions, limitations and prohibitions applicable to the keeping of animals or classes of animals under permits granted pursuant to the provisions of this chapter. Such rules and regulations, and any amendments thereto, are effective twenty (20) days after fling with the city clerk. (b) Special conditions. The environmental health officer may prescribe specific conditions, limitations and prohibitions pertaining to the keeping of particular animals under any permit granted pursuant to the provisions of this chapter as the environmental health officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or for Q \ http: 4/21/2010 ,hapter 198. Keeping of Animals* the control of rodents and insects, or to protect the public health and safety. • (C.F. No. 97 -285, § 5, 4 -9 -97) Sec. 198.055. Regulated animal registration. Page 3 of 3 (a) Within 60 days after January 1, 2005, a person who possesses a regulated animal must notify in writing the animal control officer using a registration form prepared by the Minnesota Animal Control Association and approved by the board of animal health. The notification shall include the person's name, address, telephone number, and a complete inventory of each regulated animal that the person possesses. The inventory shall include the following information: number and species of each regulated animal; the microchip number and manufacturer for each regulated animal if available; the exact location where each regulated animal is kept and age, sex, color, weight, scars, and any distinguishing marks of each regulated animal, A certificate of registration shall be issued to the possessor upon payment of the registration fee, and if necessary, the site inspection fee. Fees for registration and site inspections shall be in the amounts as set forth in § 310.18. (b) A person who possesses a regulated animal must notify animal control in writing within ten (10) days of a change in address or location where the regulated animal is kept. (c) A person with a United States Department of Agriculture license for regulated animals shall forward a copy of the USDA inspection report to animal control within thirty (30) days of receipt of the inspection report. (d) If a person who possesses a regulated animal has a microchip implanted in the animal for identification, the name of the microchip manufacturer and the identification number of the microchip must be provided to the local animal control authority. If a regulated animal is sedated for any reason and the animal does not have a microchip implanted, a microchip must be implanted in the regulated animal. Within thirty (30) days after the microchip is implanted, the name of the microchip manufacturer and the identification number of the microchip must be provided to the local animal control authority. A person selling or transferring ownership of offspring under six (6) months of age as provided in Minn. Slat. § 346.155, subd. 2, para. (e), is encouraged to have a microchip implanted in the animal prior to the sale or transfer. Within 30 days of acquisition, a person acquiring ownership of an offspring with a microchip implanted shall comply with microchip information reporting requirements under this section. (C.F. No. 05 -630, § 1, 8 -10 -05) Sec. 198.06. Nuisance. No person shall keep any animal, bird or other living thing in such a manner as to constitute a nuisance. • Sec. 198.07. Enforcement. The environmental health officer shall enforce the provisions of this chapter. (C F. No. 97 -285, § 6, 4 -9 -97) Sec. 198.08. Violation; penalty. Any person who violates any provision of sections 198 02, 198.03, 198.055 or 198.06 is guilty of a misdemeanor. • http://Iibraryl.municode.com/4472/DocView/I 0061/1/218/222 4/21/2010 / 0 Memorandum TO: Mayor and City Council FROM: Gary D. Plotz, City Administrator Brenda K. Ewing, Human Resources Director RE: Retirement Incentive Proposal DATE: April 7, 2010 To address anticipated budget shortfalls, a retirement incentive was offered, in 2009. Six full time employees accepted the retirement incentive and retired as of June 30, 2009, and the City realized a reduction in expenditures due to the program. At a Council workshop held in March 2010, staff presented information to the Council regarding • a retirement incentive program for 2010. Staff was directed by the City Council to prepare a Retirement Incentive Program for Based for consideration at a future Council meeting. Staff is recommending a retirement incentive with the following components for Council consideration: 1. One week of pay for each year of employment, up to a $20,000 maximum payment. 2. The dollar equivalent of one week of the employer provided health and dental premium for each year of employment (full time employees, only). 3. An additional payout of 1/3 of sick leave accrual over 240 hours. 4. The dollar equivalent of an additional 6 months of the employer provided health and dental premium (full time employees, only). 5. The City will establish a Health Care Savings Plan (HCSP) program that requires a set percentage ( %) of any accrued sick leave payout and a set percentage ( %) of any retirement severance payment to be deposited. Such an arrangement would apply to any future retirement sick leave payouts issued by the City with any retirement and to any future retirement incentive payments. The HCSP will need to be established with a qualified vendor. 6. Retirees may opt for any lump sum payments related to the retirement incentive to be made to the employee in calendar year 2011. 7. Allow eligible employees to use accrued vacation time in two week pay period increments until gone. Retirement date is the day after the accrued time is exhausted • (i.e. last date worked December 31, 2010 — actual retirement date is that date in calendar year 2011 when all vacation time is exhausted). This has been the City's past practice made available to all retirees except those included in the 2009 retirement incentive program. (62) • 8. All compensatory time must be used on or before December 31, 2010. The eligibility criteria recommended for Council consideration is as follows: 1. Meet age and service requirements necessary to collect a pension benefit from PERA 2. OPTION #1- Have at least 20 years of service with the City of Hutchinson (14 employees) OPTION 42 - Have at least 20 years of service with PERA employers, with a minimum of 10 years service with the City of Hutchinson (15 employees) OPTION #3 - Have at least 15 years of service with the City (19 employees) OPTION #4 - Have at least 15 years of service with PERA employers, with a minimum of 10 years service with the City of Hutchinson (20 employees) 3. Retire from current full time or part time employment with the City by December 31, 2010. Retire is defined as ceasing to actively work in the full time or part time position held by the employee at the time the employee accepts the retirement incentive offer. Staff will be in attendance at the April 13 Council meeting to respond to Councilmember questions. Encl. U • 9 La--) rI L Memorandum TO: Mayor and City Council FROM: Gary D. Plotz, City Administrator Brenda K. Ewing, Human Resources Director RE: Resolution No. 13714 Resolution No. 13715 DATE: April 7, 2010 Attached are the following resolutions: Resolution No. 13714 —A resolution amending Resolution No. 13133 the City of Hutchinson Employee Handbook — Personnel Policy • Resolution No. 13715 —A resolution to establish and administer a Health Care Savings Plan with the Minnesota State Retirement System (MSRS) The Council is requested to consider the adoption of the attached resolutions. The purpose of the resolutions is to authorize staff to establish and administer a Post Retirement Health Care Savings Plan (HCSP) with MSRS through which regular full -time employees shall contribute funds to cover certain health care costs after an employee retires /terminates from employment with the City. Funds contributed by employees will be deposited into an account in the employee's name. Per the resolutions, there are two types of deposits that are proposed to be made by the employee. 1. Sick Leave Severance —All employees eligible for retirement severance payments as outlined in Section 14 (Sick Leave) of the City of Hutchinson Employee Handbook — Personnel Policy shall contribute 100% of the employee sick leave retirement severance to the HCSP. 2. Retirement Incentive Severance — AII employees eligible for a retirement incentive severance payment outlined in the 2010 Hutchinson City Council Retirement Incentive • Program and any subsequent Programs will contribute a. 50% of employee retirement incentive severance based on years of service to the HCSP and shall receive 50% in cash. 9 Lh) • b. 100% of the retirement severance payment in the amount equal to six (6) months of employer provided health and dental insurance premiums to the HCSP. (The Ws noted in each deposit description are subject to change prior to the official establishment of the plan with MSRS, per Council action.) According to IRS rules all qualifying regular full -time employees must participate. MSRS shall administer the plan by holding in trust contributions made by employees into the accounts. MSRS shall provide investment services, recordkeeping, benefit payments, and other functions necessary for administration of the Plan. MSRS shall reimburse former City employees on a monthly basis for health - related expenses until the employee's health care savings account is depleted. The HCSP Plan Document as published by the MSRS is enclosed for your information and reference. Staff will be at the April 13 Council meeting, if you have any questions. Encl. LJ • C� (16) RESOLUTION NO. 13714 • A RESOLUTION AMENDING RESOLUTION NO. 13133 THE CITY OF HUTCHINSON EMPLOYEE HANDBOOK — PERSONNEL POLICY DATED FEBRUARY 27, 2007 THE HUTCHINSON CITY COUNCIL HEREBY AMENDS THE POLICY TO REFLECT NECESSARY CHANGES: HEALTH CARE SAVINGS PLAN In 2010, the City of Hutchinson will establish a Health Care Savings Plan (HCSP) per Minnesota Statutes §352.98 and to be administered by the Minnesota State Retirement System (MSRS). The HCSP is intended to allow eligible employees to contribute pre -tax monetary contributions into an account to pay for medical expenses and /or health insurance premiums after separation from employment with the City of Hutchinson. The contributions are placed in the account on a tax free basis and may be withdrawn on a tax -free basis to pay for eligible medical expenses. The plan also allows employees to choose amongst several investment options for their contributions. Eligibility The HCSP is a benefit available to all regular full time employees terminating their employment and who meet the criteria as established in the group plans indicated in the plan. Mandatory Participation Mandatory participation is required of an employee who meets the criteria established in the • applicable group plan. Administration The HCSP will be administered by the MSRS and the employee will deal directly with MSRS on all account matters. The City will be responsible for processing the eligible employee's initial enrollment and forwarding the required contribution amounts as indicated in the following group plans. Review of Plans The HCSP may be periodically reviewed to determine whether any adjustments in the established contribution levels, and any recommended changes will be brought before the City Council for review and subject to Council approval. Group Plans The following are the designated group plans that will be provided to employees who meet the established criteria: Regular Full Time Employee Group % Sick Leave Severance All employees eligible for retirement severance payments as outlined in Section 14 (Sick Leave) of the City of Hutchinson Employee Handbook — Personnel Policy that discusses sick • leave retirement severance eligibility and -or calculations will contribute to the Post Employment Health Care Savings Plan as described below: 100% of employee sick leave retirement severance to the HCSP. �(,k) % Retirement Incentive Program Severance • All employees eligible for a retirement incentive severance payment outlined in the 2010 Hutchinson City Council Retirement Incentive Program and any subsequent Programs will contribute to the Post Employment Health Care Savings Plan as described below: 50% of employee retirement incentive severance payment based on years of service to the HCSP and shall receive 50% in cash. 100% of the retirement severance payment in the amount equal to six (6) months of employer provided health and dental insurance premiums to the HCSP. Adopted by the City Council this day of 1 2010. Steven W. Cook, Mayor ATTEST: • Gary D. Plotz, City Administrator n U (�(9 0 RESOLUTION NO. 13715 A RESOLUTION TO ESTABLISH AND ADMINISTER A HEALTH CARE SAVINGS PLAN WITH THE MINNESOTA STATE RETIREMENT SYSTEM WHEREAS, Minnesota Statutes, Section 352.98 authorizes the Minnesota State Retirement System (MSRS) to establish and administer post retirement health care savings plans through which employers and employees may contribute funds to cover post retirement health care costs and to contract with municipalities to provide various services necessary for administration of the plans; and WHEREAS, the City of Hutchinson wishes to enter into an agreement with the Minnesota State Retirement System for a post retirement health care savings plan for eligible and defined employee groups. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hutchinson, Minnesota, authorizes staff to negotiate a contract with MSRS for establishment and administration of the Plan. • BE IT FURTHER RESOLVED, that the City Council authorizes the participation of non -union full -time, and part -time benefit - eligible employees of the City of Hutchinson in the Post Retirement Health Care Savings Plan administered by MSRS, as defined by the HCSP Plan Design. The effective date of such plan for eligible employees will be on June 1, 2010. Adopted this day of 2010. Steven W. Cook, Mayor • ATTEST: Gary D. Plotz, City Administrator �Gk) 0 c c ow sP Health Care Savings Plan Our Tax -Free Solution � 06) What is the Health Care Savings Plan (HCSP)? f ICSP is an employer- sponsored program that allows you to invest money in a tax -fm account while you are employed by a Minnesota public employer. Once you leave employment, you pray .trews your account for reimbursement of eligible health care expenses for you, your spouse and legal dependents. ids you know, out -of- pocket medical expenses, including medical insurance premiums, can quickly add up to thousands of dollars. Using the tax -free dollars accumulated in your HCSP account to reimburse these costs may provide a significant savings for you and your family. HCSP is a ticY free aecotnrt, which means cond-ibutions and eligible reirnbarseneeuts are not reportuhle on state or federal incoYne tax returns. Fees 'Phe annual administrative fee is 0.65 percent of your account balance. This fee is prorated and deducted monthly by uMSRS from your account balance. For example, if you have an account value of $10,000, MSR.S will deduct $5.42 per month from your account. The maximum annual fee is $140 or $ t 1.67 per month. Fees are subject to change. How are contributions made to the HCSP? The type and amounr of contributions to the HCSP are determined as Follows: • If you are covered by a bargaining unit, contributions to The Plan muse be negotimed or agreed to by both the bargaining unit and employer and written into a mllecdvc bargaining agreement nr A'Icnroranduai of Understanding Nou). • It you are not covered bya bargaining unit, contrfburion amounts most be agreed to by your employer and included in a wrinen personnel policy. You c.umot choose to contribute more money to your HCSP account on in individual basis. Only ncgutiatnd and agreed upon cunrrlburiuns are allowed. Heulda Care Soviop Plan jffCSP (),,r I— P,,S.1ed „n What are eligible health care expenses? Eligible expenses arc those that arc deductible for federal income tax purposes. Some of the more common expenses reimbursed by HCSP include: • Premiman for medical, dental and long -term care insurance • Medicare Part B and 1) premiums • Insurance deductibles and co -pays • Prescription drug co -pays • Many over - die - counter drugs • Eye care expenses • Hearing aids and barrettes For more examples of eligible health care expenses, please visit sysvw.msrssta[e.mn . us. For a complete list of eligible expenses, refer to IRS Publication 502, which can be found at %v ..irs.gov. 0 Why is participation in this Plan mandatory? Can I opt out? I RS rules require that all employees participate in the II CIS P adopted by their employer or hargiining unit. I lowever, you r'an ,pr out of the Plan if your Are a foreign national Have conprchutswe hcaldt insurance coverage provided for life that is it least 70 percent paid for by an employer Are eligible fir TRICARE Once you opt out, you may nor participate at any time in the Future. Contact MSRS for inure inhrmtarion. How are contributions invested? Contributions are automatically invested in the Money Market Account unless you elect one or more of the other investment options offered. You can change how hu'ure contributions am invesred or rransfer all or a portion oFvmtr existing'counit bal.mcc among any of the invesanent options'. There are chnev way' to manage your investment selections: -t,,,� Log in to your account online at www,msrs.state.mn.us 41 hall tls Automated Voice Response (AVR) System Contact an MSRS Representative at 651 - 296 -2761 or roll -Free at 1 -500- 657 -5757 ia„ mey ooh o, <n %rr 6.4..a dn,alyfrom dbr Ford forest A..", ru for ,h1ony Mark, drroonr. HCSP Investment Options You can invest your HCSP contributions in any combination of seven investment options. For additional investment information, go to www.msrs.state.mmus and ,elect "Health Care (HCSPL" then "Investment Options" or contact an MSRS representative. To review a. prospectus, visit www.sbi.state.mn.us. The prospectus is located Under the Publications link Please consider the investment objectives, risks, charges and expenses of the investment options carefully before investing. tn,lo"I tn,e,1,T,_„1 hlt t,r♦ International Account 0.31% Growth Share Account 0.20% Common Stock Index Account 0.02% Income Shane Accomt 0.01% Bond Marker Account 0.09% Fixed Interest Account 0.09% I.OWF.R Money Market Account 0.01% .'I roar 7nvn r rvpuur. err l ga,f by the )nte iioarsf nf'l,m n nt end seer ri r Gmtgr. R'2ih rha of Jv Arun... wr n,•idLw booed uurg,wmnt;cd by the U. S Goven,mnrr the A.rouvr o /�rrz e 1 rhgrrr or than n-,i ,.i , ho. -rrrrn fnnr[s. lane it no nb,o,utrr+hnt the ,"W", 11 be ubhre, rnrtinmin';tal 1, ,rct mrr r"Is, I; 1. Uflpeuhurr. i0 pordingmr your rouexmrrrt opremr.reivrion, account value, m, y flnuruorr with mark' oonditioru. ('ousidrr your personal risk r04irnnrr who making lnvrennrnr drrirlans. Port prrfo,mutue dart rw, gournotrel9,mrr retu n , How HCSP helps you save money. Here's an example of how contributing a severance payment to your HCSP could save you between 30 and 40 percent in taxes. Let's say you are eligible for $5,000 in .severance. If this was paid to you in cash, you would only receive about $3,000 after deducting federal, state and FICA (Social Security and Medicare) razes. If your severance is directed into HCSI; the entire $5,000 would he invested for reimbursement of health care expenses, effectively saving you $2,000. 0 When and how can I access the money in my account? lion em he reimbursed fix eligible expenses using money from your account if von: • Leave employment • Retire Are mussing a disability bencfir from a Nit nesora public pension plan Are on a medical leave of six months or longer • Are on a leave of absence of one year or longer You pav your eligible expenses out -of- pocket and then sulo nit a Reimbertenrent Request farm and documenrztion of the expenses to MSRS. You will be reimbursed for eligible out-of- pocket cost, either by check or rhrough direct deposit into your bank account. Success of HCSP' The Minnesc ra State Retirement System (NiSRS) adminisren HCSP for the benefit of governmental employees throughout Minnesota. Since its inception in July 2001, The Plan het, gained popularity and grown in size. Minnesota State Statures Chapter 352.98 authorizes MSRS to offer this program no governmental employers in Minnesota. tvtSRS Rep rr•rnranves are repsrercA repreasnm isys ofING Investment Advi om I1( - . (Wooer tilP( ). What if I die with money remaining in my account? If there is a balance remaining in your account upon your death, it is aunmacicaly Transferred TO your spouse and /or legal dependents muse for Tax -free reimbursement of eligible health care expenses. If vnu do not have a spouse or legal dependents, or yourspome dies before you, your desiguated beneficiaries can use doe remaining balance in your HCSP lot reinilaursemcut o f elig ible health care expenses. Reimbursements m a designated beneficiary are i bject to snore and federal income taxes. • We encourage you to periodically review your HCSP beneficiary designation. Even if y ou have a spouse or legal dependents, Its still a good idea n have a heneFciary designation on your accounr. To obtain a Beneficiary Designation form, visit www.msrs.state.mn.us ur cal MSRS. How can I monitor and manage my HCSP account? There are several ways to monitor and manage your HCSP account: Review quarterly statements • Log in to your account online at w ..msrsstate.mn.us • Cal The Automated Voice Response (AVR) System Contact an MSRS Repress nn live aT 651- 296 -2761 or roll free at 1- 800 -657 -5757 a F � a w a Health Ca¢ Se,otes Plan CSP T:� -fneut t, n 1 00 Empire Drive. Suite SW 1 St. Paul, h1innsnta 551[33 _1000 C09 -0823 -009R (08/09) 40 • C� HCSP Health Care Savings Plan PLAN DOCUMENT July 2009 U M5us MllnneMta Sum RcMTM m Symm • 60 Empire Drive, Suite 300 Saint Paul, MN 55103 -3000 651 - 296 -2761 1 1- 800 - 657 -5757 Fax: 651-297-5238 www. msts. state. mn.us 106) • Introduction to the Post Employment Health Care Savings Pl an ........._ ............._...... 3 Plan Informat ion .................................................................................... ............................... 3 Glossary Terms......... ...... ... ........ ....................................................... ............................... d Leal Authori ... . .. ... .. ... .... . 5 State .......................... ........... ... ................................................................ ............................... 5 Federal .......... ...... . .. .. . ...... . . .... .... ......................................................... 5 Fiduciary Responsibility ........... 5 Recordkeeper .............. _............................ _............................................... ..............................5 Employee and Employer Participation ................................................. ..............................6 FundingSources ....................................................................................... .............................. Fixed Assets and Investment Opt ions... ...... ...... ............_................. ......................._....... ? Administrative Features ............._......................................................... ................._............. 9 PlanYear .............................................................................................. ............................... 9 Payout - Eligibility. 9 Reimbursement - Proof of Expenses.................. ...... ...................... ............................... 9 Reimbursement Schedule .................................................................. ............................. Exemption Rules... ............ ... ...... .. ..... .. 10 DeathBenefit ........................................................................................... ............................. Establishing Rules ........................................................................ ............................... 11 Procedures for Amending the Plan................... ._........................... ........_......._.............. 11 PlanTermination .................................................................................. ............................... 12 Administrative & Investment Fees .................................................... ............................... 12 IICSP Plan Document ��� U l 1 i I I T he Health Care Savings Plan (HCSP) is an employer- sponsored program administered by the Minnesota State Retirement System (MSRS) that allows employees to save money for reimbursment of post - employment medical and dental expenses and /or health insurance premiums. Contributions are made by Minnesota public employers to a trust on behalf of its employees Amounts credited to an employee's account can be used to reimburse eligible healthcare expenses after the employee terminates employment from public service or in other limited circumstances. Participants may choose from seven different investment options provided by the Minnesota State Board of Investment (SBf). It is intended that assets in the program accumulate tax -free, and are paid out to participants on a tax -free basis for reimbursement of eligible healthcare expenses (in accordance with IRS Publication 502 and Internal Revenue Code 213(d)). Plan Sponsor And Trustees Plan Administrator Information Name of Plan Plan Custodian Plan Recordkeeper The Board of Directors of the Minnesota State Retirement System 60 Empire Drive, Suite 300 St. Paul MN 55103 651- 296 -2761 The Executive Director of the Minnesota State Retirement System 60 Empire Drive, Suite 300 St. Paul, MN 55103 651- 296 -2761 Health Care Savings Plan (HCSP) State Street Bank 2 Avenue de Lafayette Boston, MA 02111 ING (Institutional Plan Services, LLC) 1 Heritage Drive North Quincy, MA 02171 q (�) Introduction to HCSI' Glossary of Terms Administrator: :Administrator means the Minnesota State Retirement System Executive Director appointed by the Board of Directors to administer the Plan. Administrator shall not include dte recordkeeper or an v company which issues policies, contracts, or investment media to the Plan in respect of a Participant. Board of Directors: The Board of Directors of the Minnesota State Retirement System (MSRS) as established under Minnesota Statutes, section 352.03. Custodian: The bank, trust company or other person, if any, selected by the Sponsor as indicated on page 3 of this Plan Document and who is authorized to hold Plan assets in a custodial account in accordance with regulations issued by the Secretary of the Treasury pursuant to Code 410(f). Dependent: Includes a spouse and any person who can be legally claimed as a dependent for federal tar purposes. A dependent as defined in Internal Revenue Code section 152. Fund Trustees: • 'I'he MSRS Board of D are the trustees of the Health Care Savings Plan (FICSP) Trust Fund. Plan: Refers to the MSRS Health Care Savings Plan (HCSP). Plan Administrator. Administrator means the Minnesota State Retirement System Executive Director appointed by the Board of Directors to administer the Plan. Administrator shall not include the recordkeeper or any company which issues policies, contracts, or investment media to the Plan in respect of a Participant. Plan Document: This document and future amendments to this document. Plan Sponsor: Sponsor means the Minnesota State Retirement System Board of Directors. A Plan Sponsor offers said plan and ensures the Plan Administrator operates in compliance with the rules related to said Plan. Plan Year: For administrative purposes, the plan year will be identified as a fiscal year running from July 1 to June 30. Beginning January 1, 2010, the plan year will be identified as a calendar year running January 1 to December 31. State: Means the State of Minnesota and its political subdivisions, agencies and instrumentalities. Trust Document: . The legal document which governs and protects the assets of the Plan for the sole benefit of Plan participants. f It _�P Ylau Documrat a � � �� • Legal Authority State Minnesota Statutes, Chapter 352.98, authorized MSRS to establish a plan or plans, known as the Health Care Savings Plan (HCSP), through which public employers and employees may save to be reimbursed for post - employment health care expenses. The law mandates MSRS to make available one or more trusts, authorized under the Internal Revenue Code to be eligible for tax - preferred or tar: - free treatment The MSRS Board of Directors will act as fund trustees and, in accordance with the statute cited above, MSRS shall establish a participant advisory committee for the Plan, made up of one representative appointed by each employee unit participating in the Plan. Each participating unit shall be responsible for the expenses of its own representative. The advisory committee shall meet at least twice a year. The terms of the Plan will be governed under Minnesota law. Federal The State, acting through the MSRS, intends that the Trust, hereby established, shall be exempt from income tax and FICA tax as an integral part of the State as provided under the Internal Revenue Code of 1986, as amended (the "IRS Code'), IRS Revenue Ruling 87 -2, and other relevant guidance. Fiduciary Responsibility The MSRS Board of Directors are fiduciaries as provided in Minnesota Statutes, sections 352.03 and 356A, and as such, the Board of Directors is willing to hold and administer the Trust Fund for the benefit of eligible HCSP participants and beneficiaries under and in accordance with the terms of the HCSP Plan Document and the HCSP Trust Document, Recordkeeper The Plan Recordkeeper, as contracted by the Administrator, shall be responsible for the administration of investments held in the Plan. The Plan Recordkeeper's duties shall include: • Receiving contributions under the terms of the Plan; Making reimbursements from Plan assets held in Trust in accordance with written instructions received from an authorized representative of the Plan Administrator; • Keeping accurate records of the Trust assets and making such records available to the Plan .-administrator. The Plan Recordkeeper's duties shall be litnited to those described above. The Administrator shall be responsible for any other administrative duties required under the Plan or by applicable law. • I RC'P Plan lhxumcnt q ck) O mployer and Employee Participation Eligibility Criteria Any employer that makes retirement contributions and takes retirement deductions, on behalf of its public employees and retirees, and forwards those funds to any one of the state pension plans listed below. • Pubhc Employees Retirement Association (PERA); • Teachers Retirement Association ('IRA); • Minnesota State Retirement System (NISRS); • St. Paul Teachers' Retirement Fund Association; • Duluth Teachers' Retirement Fund Association; • Minnesota State Colleges and Universities (NINSCU); and • Individual Retirement Account Plan (TRAP). • University of Minnesota Faculty Retirement Plan; • Police or Firefighters Relief Associations; • Volunteer Firefighter Relief Associations; and • Retirement Plans for the Arts Board & Humanities Commision Participation Criteria Like any other collectively bargained benefit, employer participation is voluntary Union Employees. Amounts to be deposited into the account must • be negotiated or agreed to by both the bargaining unit and the employer. Non -Union Employees. Amounts to be deposited into the account must be included in a written personnel policy and must cover all employees covered under the personnel arrangement. Once contributions are approved and established in collective bargaining agreements, all employees covered under the contract must participate as set out in the agreement. An individual employee who meets the ehgibility requirements set out in the bargaining agreement may not opt out of the HCSP program, and participation is mandatory. except in limited circumstances as described on page 9. Funding Sources An employer may elect to contribute either a specified dollar amount or a percentage of employees' salaries into separate accounts established for each employee in the Trust Fund. Contributions may be derived from one or more of the following sources, as determined by the employer(s): Additional Employer Contributions. Contributions may be made in addition to the salary and other benefits provided to employees. Mandated Employee Contributions. The employer may mandate that employees' salaries be reduced to offset contributions. • Severance Pay. Many public employers pay unused vacation and /or sick leave as severance pay at the time an employee terminates employment. An employer may mandate that all or a portion of such severance pay be paid to the Trust Fund. It �P Yl.w Uocenwnr g(b) Fixed Assets and Investment Options • Investment Options The MSRS invests its funds through the State Board of Investment (SBI) in compliance with btinnesota Statutes, Chapter 11A. It shall be the sole responsibility of the SBI to ensure that all investment options offered under the Plan are appropriate and in compliance with any and all state laws pertaining to such investments. Once the funds are invested, in accordance with the Trust Document, they are held in trust for the sole purpose of paying reimbursements for qualified medical expenses and paying administrative expenses. The Trust is for the sole purpose of the participant and cannot be reclaimed by the employer or by creditors of the employer. Participants in the HCSP may choose from seven different investment options. The investment choices are explained below. Each fund has varying degrees of risk and reward. SIF Money Market Account This account maintains the value of a participant's original investment and earns interest that is competitive with rates available in short -term money markets. The Account owns short-term securities backed by the U.S. Treasury and its agencies. The average maturity of the Account is generally 90 days or less. Since the sole source of return will closely track the rise and fall of short-term interest rates. Currently, the Account is managed by State Street Global Advisors, an affiliate of State Street bank and Trust, the organization that manages the cash reservices of retirement assets under the control of the State Board of Investment. While shares of the Account are neither insured nor guarnateed by the U.S. Government, the Account offers a higher degree of safety than non - government short -term funds. There is no assurance that the portfolio will be able to maintain a stable net asset value of $1.00 per share. Fixed Interest Account This account is designed to maintain the value of your original investment and to provide competitive intereste rates using somewhat longer term investments than typically found in a money market -type account. The assets in the account are invested primarily in stable value instruments such as insurance company investment contracts, bank investment contracts, and security backed contracts. These instruments are issued by highly rated U.S. financial institutions. They typically have maturity of 3 to b years and are rated "A" or better at the time of purchase. The interest rate credited will change reflecting the blended interest rate available from all investments in the account including cash reserves, which are maintained to provide liquidity. Due to the nature of the assets volatility of investment returns is expected to be minimal. Bond Market Account This account generates returns from interest income and capital appreciation (an increase in the market value of its bonds). The account invests in government issues, high -quality corporate bonds and mortgage securities that have intermediate to long -term maturation, between three and 20 years. While the majority of the account is invested in the U.S. bond market, a small portion of the portfolio can be invested in international -bond markets. I I(SP Plan t)tKlln]u u � (-0 come Share Account Ilais account earns return from capital appreciation and current yield. It generates returns from dividends on stock and interest on bonds. While holdings vaty daily, the account usually maintains about 60 percent in common stock, 35 percent in bonds and 5 percent in cash. Currently, the account's stock segment is managed passively and indexed to the Russell 3000. The Russell 3000 is a broad market index that reflects thousands of publicly traded U.S. stocks. Managed passively means no attempt is trade to identify specific stocks that will perform better than others. The bond segment includes high- quality corporate and mortgage securities, as well as U.S. government issues. Common Stock Index Account This account generates reruns that follow the U.S. stock market. The account is managed passively and designed to track the Russell 3000 Index. Since no attempt is made to select stocks that outperform the market, the account's returns correspond to the Russell 3000 movements. The Russell 3000 is a broad market index that reflects thousands of publicly traded U.S. stocks. Growth Share Account Participant Investment This account generates returns from capital appreciation by investing almost Direction exclusively in stock of U.S. companies. The account uses a group of external Participants have the option to stock managers retained by the State Board of Investment (SBI) to manage direct the investment of their other retirement assets. As a result, the Account encompasses a variety of Account(s) from among the investment styles and approaches. One set of managers actively manages investment options offered by concentrated portfolios in which a limited number of stocks are held. Another the Plan. If a participant does of managers attempts to add incremental value by investing in broad stock not provide direction, the • set market across a wide range of industries. These managers balance the more Participant's Account shall be concentrated portfolios held by other active managers in the account. This invested in the default structure assures that the entire Account covers all areas of the broad stock investment option selected by market. As a result, the structure reduces the chance that future returns for the Account will be either greatly above or below those of the broad market in any theAdmuatstrator. given year. International Share Account This account earns returns by investing in the stock of foreign companies. Typically, a majority of this account is invested in the five largest international markets, that is, the United Kingdom, Japan, Germany, France and Switzerland. Most of the remainder is invested in other well- established markets in Canada, Europe and the Pacific region. In addition, a portion of the account is invested in developing countries or emerging markets. Approximately one -thud of the account is managed passively and designed to track the return of 21 markets included in the Morgan Stanley Capital International index of Europe, Australia and the Far East (SAFE- Free). Initially, contributions will default to the money market investment option. They will remain invested in the money market until the participant makes his /her own investment designations. A participant may change his /her investment selections once per month. Participants can contribute to as many of the seven available investment options as they wish. Participants will receive an account statement every six months. • Neither the State of Minnesota nor bISRS guarantees investment performance or return nor assumes any liability for loss in any account. All investment fees are established by the SBI and are subject to change 1 0 I f( _SP Plau Uocmnrnr R � L 4 Plan Year For administrative purposes, the plan year will be identified as a fiscal year running from July Ito June 30. Beginning January 1, 2010, the plan year will be a calendar ,year. Payouts - Eligibility Participants are eligible to request reimbursement from their account under one or more of the following circumstances: • Upon termination of employment • Upon receipt of a disability benefit from one of the State's public pension plans; On a medical leave for six months or longer; • On a leave of absence for one year or longer. Hardship withdrawals or loans are not permitted under the Plan. Reimbursements - Proof of Expenses • T In order to receive reimbursement for Plan allowable healthcare expenses, including insurance premiums, participants must complete the Healib Can Savingr Plan Reimbuerement Claim form and attach receipts and any other documentation that MSRS deterrrunes is necessary. Expenses are deemed "allowable" if they are for healthcare expenses (as I defined in Internal Revenue Code section 213(d)) of an eligible participant, their spouse or legal dependent(s). Reimbursements, including insurance premiruns, are payable directly to the participant. AN claims for reimbursement are venfied against IRS Publication 502 to ensure compliance with Internal Revenue Code section 213(d). The annual maximum amount a person can claim for reimbursements of medical expenses subject to Intemal Revenue Code section 105(h) in any plan year is $20,000.' - There is no annual maximum with respect to healthcare expenses not subject to Intemal Revenue Code section 105(h), including reimbursements of health insurance premiums. MSRS shall not reimburse for any claims other than those allowed under the Internal Revenue Code. This amount may be adjusted annually based on mcreases or decreases of inflation for medical expenses and /or premiums. • ` This annual maximum only applies to out -of- pocket expenses that are covered under Internal Revenue Code ICSP Plan Uorumcnr 0 \ Lb) 0 Reimbursement - Schedule All payments for reimbursement will be directly deposited into a personal account designated by the participant. Out -of- pocket expenses are processed daily. Premium payments are paid monthly. MSRS shall establish procedures necessary to process reimbursements and deposit funds to participants accounts. Exemption Rules An employee shall be ineligible to contribute to the HCSP if MSRS receives a waiver of participation from the employee and determines that the employee falls within any one of the following categories: • The employee is a foreign national and plans to return to the country in which he or she is a citizen upon termination of public employment. • The employee will receive employer paid post retirement health care coverage through his /her employer, or through a spouse's employer. The insurance must provide full- coverage for the employee's Lifetime. The employee will receive post retirement health care coverage from the military. • If the employee has an account balance at the time the employee becomes ineligible for future contributions, the funds credited to such account shall be subject to the same terms that apply to the accounts of other Plan participants, including the rules that apply to the following Sections: Payout - Eligibility • Payout- Proof of Expenses Payout - Schedule All requests for exempt status are subject to approval by the NISRS Board of Directors or a designated delegate shall, in its sole discretion, determine whether an individual is ineligible for future contributions under this Section. An employee's election to waive participation is irrevocable. Death Benefit If an employee participating in the FICSP dies prior to exhausting his /her account balance, the employee's surviving spouse or legal dependent(s) shall be eligible (pursuant to the rules established by MSRS) to be reimbursed tax -free for eligible healthcare expenses until the account balance is exhausted. If the participant has no spouse or legal dependent(s), then the designated beneficiaries shall be eligible to be reimbursed for healthcare expenses until the account is exhausted. Reimbursements to a beneficiary are subject to state and federal taxes If the participant has no spouse, legal dependent(s) or designated beneficiaries, then a probate court will determine who is eligible to receive the money for health care reimbursements. • 11( aP Pfau Uocumcor I'll 0 n u Election to Suspend Reimbursements A participant maa elect to suspend their I K'SP reimbursement eligibility for a plan :ear. I or adninistnuive Purposes, the plan tear will be identified as a c ale ilk] or _\car running from january I to December 31. To suspend the HCSP account, a participant must subrnit a Xomhur,emrnt .lu penluon hkaiat form prior to the beginning of chat plan year. The suspension election is effective for that plan \ear and may not be modified or revoked dtauag that period. The suspension election applies to reimbursement of medical expenses; however reimbursement of dental or vision expenses is allowable if a participant meets the criteria (see page 8) to be eligible for reimbursement. • The suspension election must be renewed each plan year. • If a participant suspends his /her HCSP account, the Employer shall continue to deposit funds to the account as outlined in the applicable bargaining agreement or personnel policy. Participants may not request reimbursement of expenses incurred during the plan year for which the suspension election applies regardless of whether the reimbursement request is submitted during the plan year or subsequent years. Establishing Plan Rules The MSRS Board of Directors may establish Plan rules regarding the administrative functions and items that are not clearly articulated in Federal or State Law. The Plan rules are not effective until formally adopted by the Board of Directors at a public meeting, and are not subject to the State of Minnesota rule making process of the State. Procedures for Amending the Plan The MSRS Board of Directors has the authority to amend the Plan at any time, in whole or in part. Amendments to the HCSP shall not be effective unless officially adopted by the MSRS Board of Directors. These amendments must be made at 'a public meeting. Plan participants will be notified of any Plan changes. The Plan Administrator shall provide a copy of any Plan amendments to the Recordkeeper. Changes imposed by the Internal Revenue Service, either by law change, regulations or ruling, shall be effective immediately without approval from the MSRS Board of Directors. Assignability of Participant Account None of the money in the HCSP is assignable either in law or in equity or subject to estate tax, or to execution levy, attachment, garnishment, or other legal processes, except as provided in Minnesota Statutes, sections 518.58, 518.581 or 518:153. I ll:SP Plan Dncnrncnt q ('6) Plan Termination In the event the Plan is lawfully terminated for any reason, amounts not credited to participants' accounts or used for paying fees and reasonable administrative expenses of the Trust, shall revert back to the State of Minnesota and governmental employers participating in the Plan. Amounts reverted will be made on a pro -rated basis. The pro -rated amount will be calculated by determining the percentage of assets attributable to each governmental unit in relation to all the Plan assets. Any amounts remaining at termination of the Plan will be divided as pro-rated to governmental units covering employees in the HCSP. Amounts credited to participant accounts will rernaut in the participant accounts. Individual participants will continue to utilize their accounts as set out in this Plan Document until their account balance is exhausted. Administrative Fee Administrative fee(s) are established by the MSRS Board of Directors and are subject to change. The MSRS Board of Directors, in their capacity as HCSP • fund trustees, set the annual administrative fee at 0.65 percent. * The fee is prorated and deducted from participant accounts on a monthly basis. Fees shall not exceed $140 per year. Investment Fee Pad by Account Holder The SBI also has investment costs ranging from 01 to .31°0. Employer Responsibilities Employers shall remit contributions to the Trust Fund within a period that is not longer than is reasonable for the proper administration of the Pardcipant's Account Balance. Plan contributions shall be deemed to be remitted within a period that is not longer than within 15 business days following the of the month in which the amount would otherwise 1 been paid to the Participant unless specifically stated in the bmgairdng agreement or personnel policy. There are no fees charged to the employer; all fees, administrative and investment are paid by the participant All fees are subject to change. • * Subject to change. I I( -� Plan Uocunu'u( ,q(b� r A] COMMUNITY DEVELOPMENT COMMISSION An Econo, ^tic D4cvt7lopmcnt Authority MEMORANDUM Date: April 22, 2010 To: Honorable Mayor & City Council From: Miles R. Seppelt Economic Development Director RE: Downtown Farmer's Market Honorable Mayor & Council, At their monthly Board meeting today, the Hutchinson Downtown Association passed a resolution requesting permission to move the Downtown Farmer's Market back to 1 Avenue SE (between • Main & Hassan Streets) for the 2010 season. The South half of 1s` Avenue, between Main Street & the alley, would be kept open to facilitate deliveries to area businesses. • Last year's location at the VFW parking lot is not feasible due to street construction on Washing Avenue & Adams Street. • Many other locations have been reviewed and found not to be feasible: • VFW parking lot • Shopko Parking lot (west side) • Shopko / Wells Fargo lot (north side) • Former Pet Clinic Lot • 3 rd Avenue NW • City parking lot west of City Center Not accessible — road construction Too small Conflict with traffic & bank drive -thru Too small Poor accessibility / cannot use trail Heavily used for parking • Presently we have 15 vendors signed up to participate in the Farmer's Market. If you have any question or need more information, please give me a call at 234 -4223. Thank for your time and consideration. • 1 DG-K -) 0 • Requested Farmer's Market Location 1s Avenue SE between Main & Hassan Streets Library Square 24 3G iJ 10 C as A 5e W '04 14 116 t:o 130 '34 101 _3 119 tR5 td+ 37 36 126 1W Y d d L Y N U) N N t0 2 111 City Center 15 • 105 �o(.Q-) Kent Exner •rom: John Paulson Sent: Monday, April 26, 2010 7:37 AM To: Kent Exner; Gary Plotz; Jeremy Carter; Dolf Moon; Dan Hatten Subject: FW: Council Meeting Agenda - 4/27 Gentlemen, Please see the message below that I received from Ameresco related to project costs and the potential for any variability of the final project cost. If you have any questions please let me know. Thanks, John Paulson Environmental Specialist City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 ;paulson@ci.hutc 0 20.234.5682 Office 320.583.1941 Cell From: Zukowski, Michael [mailto:mzukowski @ameresco.com] Sent: Friday, April 23, 2010 4:38 PM To: John Paulson Cc: Piper, Michael Subject: RE: Council Meeting Agenda - 4/27 lQ7T Thanks for the update, will download packet on Monday. The projects costs are fully developed in detail (as you saw in the breakdown) the planned scope is set and we are ready to implement. Over a 4 -6 month period, with a tremendous amount of input from City staff, we developed improvement items /scope and received contractor proposals. A great deal of joint time and effort was put in to make sure everything was covered (but no more), so that the City would have solid information. Commonly, in other types of projects, a contingency must be added to the bids to cover change orders, often this is 10% or more. The pricing we have provided is guaranteed, there will be no need to add contingency. Plus, in 0 ddition to the price guarantee, we also are guaranteeing performance and savings. We have $8.765 for the M &V work as part of the project, this is for the type of M &V that we have discussed, which was the simpler and lower cost option. In addition, we have shown on -going annual M &V services costs of $3,2541yr for five years. If the City wishes these costs could be reduced for a lesser M &V scope. We do not see any other adjustments that i 0C:) could be done. As we have been planning all along, we are trying to maintain a high quality project, where equipment and systems are energy efficient, low in operational costs and address many of the ongoing IAQ or other facility issues you 46 ave been living with. If the project costs or scope was modified it may affect the overall success. I believe we have jointly eveloped the right solution, at a fair and reasonable price. that ensures the outcomes you are expecting and need. We are hoping to develop a long -term partnership with the City and look forward to getting this first project underway Please let us know if you have any questions. Thanks, Ameresco Team p f !° MERESC.Otl + Ct+�t2w C�tidi°� • a5trt -04,^eif[ ""'��Jl Michael R Zukowski, CEM Account Executive Ameresco, Inc. P: (952) 942 -5142 x 4689 C: (651) 253 -8790 Minneapolis Office Anderson Lakes Center 9855 West 78th St, Suite 310 Eden Prairie, MN 55344 htti)://www.ameresco.com From: John Paulson [mailto :] Paulson @ci. hutch inson.mn.us] Sent: Friday, April 23, 2010 9:34 AM To: Zukowski, Michael Cc: Piper, Michael Subject: RE: Council Meeting Agenda - 4/27 Mike, I will get the quick answers out of the way. Your presence is not required at the council meeting next Tuesday. The packet information is most easily found at: http:// www. ci .hutchinson.mn.us /mincity.hthnl . The packet is not posted yet but should be by Monday next week. I do have one information request for you. Can you provide a summary or description of any potential variability associated with the project costs. The measurement and verification portion of the project has not been set and is dependent on our confidence level that savings will be realized moving forward. This is one example. What, if any, adjustments to the project costs can also be made. If so, what percent of the project costs could be reduce and what affect would a reduction of cost have on the project? If the project costs are modified would itjeopardize the overall success. Your response would help in answering questions regarding how firm the project costs are. Please let me know if you have any questions. Thanks, John Paulson Environmental Specialist City of Hutchinson 10(b) 111 Hassan Street SE Hutchinson, MN 55350 aulson ci.hutchinson.mn.us 20.234.5682 Office 320.583.1941 Cell 320.234.4240 Fax 1 7 t L P Think Green - please do not print this email unless necessary From: Zukowski, Michael [mailto:mzukowski @ameresco.comj Sent: Thursday, April 22, 2010 5:34 PM To: John Paulson Cc: Piper, Michael Subject: Council Meeting Agenda - 4/27 John, Can you forward me the agenda/packet for Tuesday? Will be waiting for your call after speaking with Gary and Kent tomorrow on our presence and support. Thanks, AMERECQ C,,aer.r . 0.an . S�'tarmab3e Michael R Zukowski, CEM Account Executive 4 meresco, Inc. P:(952) 942 -5142 x 4689 C: (651) 253 -8790 Minneapolis Office Anderson Lakes Center 9855 West 78th St, Suite 310 Eden Prairie, MN 55344 httn: / /www.ameresco.com ** *NOTE: This e -mail may contain PRIVILEGED and CONFIDENTIAL information and is intended only for the use of the specific individual(s) to which it is addressed. If you are not an intended recipient of this e -mail, you are hereby notified that any unauthorized use, dissemination or copying of this e -mail or the information contained in it or attached to it is strictly prohibited. If you have received this e -mail in error, please delete it and immediately notify the person named above by reply e -mail. Thank you. * ** NOTICE: Unless restricted by law, e-mail correspondence to and from the City of Hutchinson or Hutchinson Utilities may be public data subject to the Minnesota Data Practices Act and /or may be d isclosed to third parties. A) NOTICE: Unless restricted by law, e-mail correspondence to and from the City of Hutchinson or Hutchinson Utilities may be public data subject to the Minnesota Data Practices Act and /or may be r isclosed to third parties. Il • it (D 00 A10RESCO,4 VrEOF . C =evn . c�i =Yp�!sr ;>!e City of Hutchinson Project Budget - 04/16/2010 lT Confidential Page 1 4/16/2010 Police City Wide VFDs on Item Department Lighting Rotors Labor, Materials, Tax, Bonds, Permits $ 312,018 1 $ 214,643 $ 40,540 1 $ 567,201 1 71.08% Engineering - Design, M &V, Grants $ 33,879 $ 19,721 $ 4,588 $ 58,188 7.29% Construction Management & Admin $ 21,668 $ 15,629 $ 1,968 $ 39,265 4.92% Commissioning & Training $ 11,556 $ 4,168 $ 787 $ 16,511 2.07% Project Development, G&A $ 14,846 $ 10,709 $ 3,086 $ 28,642 3.59% Subtotal Project Costs $ 393,967 $ 264,870 $ 50,969 $ 709,806 • Ameresco Fee $ 28,891 1 $ 20,839 $ 3,936 $ 53,666 1 6.73% Com rehensive Ener Assessment $ 24,150 1 $ 8,625 $ 1,725 $ 34,500 4.32% Total Project Price $ 447,008 $ 294,334 $ 56,630 $ 797,972 100.00% Confidential Page 1 4/16/2010 CITY OF HUTCHINSON FINANCIAL REPORTS (MARCH 2010 AS OF 0412112010) ES *ION AXES ICENSES ERMITS JTERGOVERNMENTAL REVENUE HARGES FOR SERVICES INES & FORFEITS JTEREST ON INVESTMENTS EIMBURSEMENTS RANSFERS URCHARGES UND BALANCE OTAL REVENUES 2009 2010 2010 2010 2010 MARCH MARCH MONTH OF MARCH ADOPTED BALANCE PERCENT YTD MARCH YTD BUDGET REMAINING USED - - - 4,404,300.00 4,404,300.00 0% 40,555.00 21,080.42 37,159.62 58,281.00 MARCH 21,121.38 64% 19,576.87 10,205.60 26,395.98 297,596.00 YTD 271,200.02 9% 33,277.97 13,637.65 30,72715 2,164,243.00 7,623.13 2,133,515.85 1% 250, 804.15 104,852.61 295,132.40 1,767,647.00 92,047.28 1,472,514.60 17% 3,457.64 - 3,291.91 45,000.00 18.04 41,708.09 7% (52,758.75) - (1,134.47) 70,000.00 114,262,05 71,134.47 -2% 68,108.06 54,398.56 73,209.12 419,850.00 66,614.63 346,640.88 17% 7,823.60 165.80 7,628.80 1,901,083.00 - 1,893,454.20 0% 17.20 (459.49) 146 1,000.00 43,047.80 996.54 0% - - - 10,000.00 17,185.57 10,000.00 0% $ 370,861.74 $ 203,881.15 $ 472,413.97 $ 11,139,000.00 $ 10,666,586.03 4% $ 2,295,199.22 $ 871,993.44 $ 2,323,001.63 $ 11,139,000.00 $ 8,815,998.37 21% 1�t-) 2009 2010 2010 2010 2010 MARCH XPENDITURES BY MARCH MONTH OF MARCH ADOPTED BALANCE PERCENT EPTARTMENT: YTD MARCH YTD BUDGET REMAINING USED IAYOR & CITY COUNCIL 9,187.44 2,713.76 7,623.13 56,310.00 48,686.87 14% DMINISTRATION 87,368.41 30,181.71 92,047.28 408,020.00 315,972.72 23% LECTIONS - 18.04 18.04 14,000.00 13,981.96 0% INANCE DEPARTMENT 137,580.70 36,998.48 114,262,05 512,296.00 398,033.95 22% IOTOR VEHICLE 61,32239 24,364.09 66,614.63 234,028.00 167,413.37 28% SSESSING - - - 61,911.00 61,911.00 0% EGAL 43,415.26 18,542.71 43,047.80 230,363.00 187,315.20 19% LANNING 32,682.86 5,671.32 17,185.57 152,746.00 135,560.43 11% 4FOMT10N SERVICES 60,139.84 24,081.63 73,292.16 283,083.00 209,790.84 26% OL EPARTMENT 646,420.19 237,178.73 674,684.47 3,060,716.00 2,386,031.53 22% MER ENCY MANAGEMENT 3,701.88 6,323.04 399.51 18,000.00 17,600.49 2% AFETY COMMITTEE 2,787.50 - 2,850.00 13,450.00 10,600.00 21% IRE DEPARTMENT 64,844.36 24,763.05 79,009.22 437,194.00 358,184.78 18% ROTECTIVE SERVICES 58,063.56 17,880.81 52,792.92 268,77100 215,980.08 20% NGINEERING 114,52155 39,080.55 102,152.93 462,781.00 360,628.07 22% TREETS & ALLEYS 286,07974 131,382.91 293,699.32 1,416,898.00 1,123,198.68 21% ITY HALL BUILDING 28,918.16 9,980.90 30,783.76 143,532.00 112,748.24 21% ARK /REC ADMINISTRATION 46,276.02 15,516.46 46,811.84 211,466.00 164,654.16 22% ECREATION 48,330.95 10,629.86 42,522.15 219,566.00 177,043.85 19% ENIOR CITIZEN CENTER 14,412.29 7,239.29 18,355.69 81,783.00 63,427.31 22% IVIC ARENA 112,548.77 32,625.38 111,163.85 326,489.00 215,325.15 34% ARK DEPARTMENT 152,669.14 42,925.00 126,852.77 728,460.00 601,60723 17% ECREATION BLDG & POLL 44,606.15 13,339.25 40,931.03 141,716.00 100,784.97 29% VENT CENTER 63,993.75 15,281.54 53,079.20 231,903.00 178,823.80 23% VERGREEN BUILDING 3,958.76 1,123.35 3,697.88 14,050.00 10,352.12 26% IBRARY 44,957.09 39,849.93 46,026.82 189,454.00 143,427.18 24% EMETERY 21,769.64 8,525.81 22,760.82 134,541.00 111,78018 17% IRPORT 19,494.41 7,124.71 18,666.48 109,528.00 90,861.52 17% NALLOCATED GENERAL EXP. 85,146.41 68,651.13 141,670.31 975,94100 834,272.69 15% OTAL EXPENDITURES $ 2,295,199.22 $ 871,993.44 $ 2,323,001.63 $ 11,139,000.00 $ 8,815,998.37 21% 2009 2010 2010 2010 2010 MARCH XPENDITURES BY MARCH MONTH OF MARCH ADOPTED BALANCE PERCENT UNCTION OF GOVERNMENT: YTD MARCH YTD BUDGET REMAINING USED E GOVERNMENT 460,615.06 158,088.20 444,874.42 2,096,289.00 1,651,414.58 21% UB AFETY 775,817.49 325,226.18 809,73612 3,798,13100 2,988,396.88 21% TREETS & ALLEYS 400,603.29 141,363.81 395,852.25 1,879,679.00 1,483,826.75 21% ARKS & RECREATION 531,752.92 163,013.60 489,441.23 2,144,887.00 1,655,445.77 23% IISCELLANEOUS 126,410.46 84,301.65 183,097.61 1,220,012.00 1,036,914.39 15% $ 2,295,199.22 $ 871,993.44 $ 2,323,001.63 $ 11,139,000.00 $ 8,815,998.37 21% 1�t-) 0 Institution Smith Barney Smith Barney Smith Barney Smith Barney Smith Barney Smith Barney Edward Jones Wells Fargo Wells Fargo 0 Ils Fargo Wells Fargo Wells Fargo Wells Fargo Wells Fargo MidCountry UBS Financial Description C D's FHLB C D's CD's CD's CD's FHLB FHLM - Step FNMA - Step FHLM - Step FHLM - Step FNMA - Step FNMA - Step FHLB - Step CD's FHLB - Step CITY OF HUTCHINSON INVESTMENT REPORT March 31, 2010 Date Date Interest of of Rate Purchase Maturity 2.75 % -3.15% 5/20/2009 5/29/2012 5.200% 10/15/2008 10/15/2015 3.3 % -3.4% 6/10/2009 6/10/2013 2.450% 7/22/2009 7/23/2012 1.400% 1/27/2010 1/27/2012 1.400% 1/22/2010 1/23/2012 2.000% 3/26/2008 3/26/2012 2.000% 6/25/2009 6/25/2014 3.000% 12/28/2009 12/28/2016 2.000% 1/29/2009 1/29/2014 2.000% 4/9/2009 4/9/2014 2.250% 8/20/2009 8/20/2014 1250% 1/20/2010 1/20/2017 2.000% 1/13/2010 1/13/2017 1.400% 10/21/2009 4/21/2010 2.000% 3/23/2010 3/23/2016 Amount 350,000.00 300,000.00 300,000.00 500,000.00 248,000.00 496,000.00 500,000.00 625,000.00 500,000.00 200,000.00 600,000.00 1, 000, 000.00 500,000.00 500,000.00 500,000.00 500,000.00 $ 7,619,000.00 11 MINUTESHUTCHINSON PLANNING COMMISSION • Tuesday, March 16, 2010 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:34 p.m. with the following members present: Chris Kovacic, Chad Czmowski, Dave Johnston and Chairman Lofdahl. Absent: Christie Rock, Jim Fahey and Dean Kirchoff Also present: Gary Plotz, City Administrator, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated February 16, 2010. Mr. Johnston moved to approve the consent agenda as submitted. Seconded by Mr. Czmowski . The consent agenda was approved unanimously 4. PUBLIC HEARINGS a) CONSIDERATION OF A PRELIMINARY AND FINAL PLAT OF SOUTHWIND THIRD ADDITION SUBMITTED BY HUTCHINSON AREA HEALTH CARE, PROPERTY OWNER • Chairman Lofdahl opened the hearing at 5:36 p.m. with the reading of publication #7791 as published in the Hutchinson Leader on March 4, 2010. Mr. Plotz explained that the property is owned by Hutchinson Area Health Care and was originally included in the HAHC Addition plat. He explained Outlot B, Southwind Second Addition is Torrens property and the property to the south is abstract. McLeod County has indicated they cannot record Torrens and abstract property in one plat. The property owner decided to plat the abstract property separately as HAHC Addition to continue with the nursing home project. They are now platting the Torrens property to the north as Southwind Third Addition to plat street right of way (Calgary Lane SE and a small portion of Sherwood Street SE). to accommodate for sewer and water in Calgary. Also, the Sherwood Street right of way will provide a swale. Mr. Plotz explained the Outlots must be replatted before they are developed. Mr. Linder, HAHC, reported the current plan is to leave the property vacant. Staff recommends approval of the request with the following recommendations and findings: 1. Correct/verify westerly property boundary. 2. Dedicate easement for wetland outlet pipe to Sherwood Street. 3. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. • There was discussion on the intended use of the property which has not changed. ri(e) Minutes Planning Commission — March 16, 2010 �e2 Mr. Czmowski made a motion to close the hearing. Seconded by Mr. Kovacic, the hearing closed at 5:43 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff recommendations 1 -3. Seconded by Mr. Czmowski, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held March 23, 2010 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A PRELIMINARY AND FINAL 3 LOT PLAT OF MONTREAL PLACE (A REPLAT OF OUTLOT C, CALAFORD PLACE) AND TO REZONE THE MONTREAL PLACE PLAT FROM C -4 TO C -2 AND OUTLOT B, CALAFORD PLACE FROM R -4 TO MIXED USE DISTRICT (MXD) SUBMITTED BY JACOB WERT, PROPERTY OWNER Chairman Lofdahl opened the hearing at 5:45 p.m. with the reading of publication #7791 as published in the Hutchinson Leader on March 4, 2010. Mr. Plotz commented on the 3 lot replat of Outlot C, Calaford Place. The three lot plat will be known as Montreal Place. Lot 1, Block 1, is proposed to be developed by Kwik Trip a gas /convenience store and car wash. The property owner is also requesting to rezone the new plat from C -4 (Fringe Commercial) to C -2 (Automotive Service Commercial) and Outlot B, Calaford Place from R -4 (High Density Residential) to MXD (Mixed Use District). He noted the request would be consistent with the proposed use of the C -2 district. He also explained the purpose of the MXD district is to: "provide areas that allow a mix of compatible uses, such as commercial, retail, office, and entertainment, with residential uses in locations with nearby amenities for pedestrians. Mixed use area shall be in conformance with the City's • Comprehensive Plan and reserved for properties that have safe access for pedestrians to sidewalks, trails, parks and natural resources and are free from objectionable uses or hazards to pedestrians. This district does not allow uses with heavy truck traffic or outdoor storage ". Discussion followed on other areas slated for mix -use. Mr. Plotz read the permitted and conditionally permitted uses in the MXD district as follows: Permitted principal uses. The following uses are permitted uses as regulated herein. (1) Art galleries and studios (2) Clinics for human care including medical, dental, and wellness services, including chiropractic and therapeutic massage. (3) Financial institutions, including banks, without drive through facilities; (4) General offices, including administrative, executive, and professional offices such as insurance agencies, interior decorating services, real estate offices, travel agency, and other similar offices compatible with residential uses. (5) Multiple use buildings, with a mixture of retail commercial, and office uses, including multi - tenant buildings. (6) Multi family residential, including apartments, condo buildings, townhouses, cooperatives, and senior housing. (7) Personal services, including but not limited to salons, hairstylists, drycleaners /laundry (excluding processing), tailor /alterations, and athletic /fitness facilities of less than 5.000 sq. ft. (8) Restaurants, cafes, delis, and bakeries without drive through facilities. (9) Retail stores and shops (less than 5, 000 sq. ft), including but not limited to antique stores, drugstores, florists, hardware stores, gift shops, grocery, convenience store without gas sales, clothing stores (10) Public facilities, and services, including post offices, public buildings, and parks and playgrounds. Conditional uses, as regulated by Section 154.170 and subject to the applicable requirements, (1) Educational facilities, including art schools, daycare, K -12 schools, trade schools, college, universities, and business training facilities. Minutes Planning Commission — March 16, 2010 be 3 (2) Entertainment facilities, including commercial recreation (bowling, community centers, cultural facilities, clubs and lodges, theaters, and performing arts facilities, (3) Financial institutions, with drive through facilities Mr. Plotz commented on the proposed lots being over the one acre requirement. He explained the plat allows flexibility for future use. Mr. Marty Campion, Campion Engineering, explained the engineers comments limiting the access for the Kwik Trip lot to a total of 3 accesses. He stated there will be a total of five accesses from Montreal Street when the other lots develop. He reported there can be no access from Hwy 15. Staff would recommend approval to the request with the following conditions and findings 1. The rezoning would be consistent with the intent of the C -2 and MXD zoning districts in the Zoning Ordinance, including the existing commercial land use guiding, the adjacent C -4 zoning districts, and the commercial nature of the area located along a major highway. 2. The property is proposed to be developed as a commercial use and mixed use development. Rezoning would allow the proposed use to be developed in conformance with the C -2 and MXD districts 3. Future development of the site will require review and approval of a site plan by the Planning Commission and City Council. 4. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. • 5. Provide written response to the attached City Engineer's Montreal Place Preliminary Plan Review dated March 4, 2010, with final construction plan submittal. 6. Pond on Outlot B must be sized for platted area. (See Montreal Place Preliminary Plan review dated March 4, 2010) 7. A Subdivision Agreement must be executed prior to filing of the final plat. Mr. Czmowski made a motion to close the hearing. Seconded by Mr. Johnston the hearing closed at 5:58 p.m. Mr. Czmowski made a motion to recommend approval of the request with staff recommendations 1 -7. Seconded by Mr. Kovacic, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held March 23, 2010, in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS 6. OLD BUSINESS COMMUNICATION FROM STAFF a) SET MAY 18, 2010, VARIANCE WORKSHOP Ms. Baumetz stated Mr. Jed Burkett, LMC, will be available to provide a workshop on May 18`" We could invite others such as the City Council members also. • b) Ms. Baumetz commented on two annexations - 5.6 acres owned by the Hutchinson EDA and 36 acres owned by Hazel Sitz. c) Mr. Plotz commented on the planning position and process for interviewing planners. l � (C-) Minutes Planning Commission — March 16, 2010 w 4 8. ADJOURNMENT There being no further business the meeting adjourned at 6:15 p.m. Motion by Mr. Johnston, second by Mr. Kovacic. • • • MINUTES HUTCHINSON AREA JOINT PLANNING BOARD Wednesday, February 17, 2010 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Jim Lauer at 5:30 p.m. with the following members present: Tom Wirt, Larry Karg, Grant Knutson, Garrett Luthens, Jim Haugen and Chairman Lauer. Absent: Also present: Larry Gasow, McLeod County Zoning Administrator, Gary Plotz, City Administrator, Marc Sebora, City Attorney, Marc Telecky, McLeod County Assistant Zoning Administrator and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated September 16, 2009. Mr. Wirt made a motion to approve the minutes of September 16, 2009. Seconded by Mr. Karg the motion carried unanimously. :. PUBLIC HEARINGS 4. NEW BUSINESS a) CONSIDERATION OF A TWO LOT SKETCH PLAN SUBMITTED BY SCOTT CRIPPS, 20100 RAVEN AVE., HUTCHINSON TOWNSHIP Mr. Gasow explained that Mr. Scott Cripps has submitted a sketch plan for a two lot split to create a two lot subdivision within Lot 4 Auditor's Plat in Hutchinson Township. He stated the existing zoning is agricultural and the lot is an oversized residential lot. There are residential homes and City of Hutchinson adjacent to the property. He explained the present home and septic were built in 2003. This application meets the McLeod County Comprehensive Land Use Plan. Mr. Gasow explained the quarter - quarter has six existing residences. This split will become the seventh residence which will keep it zoned agricultural. He stated more than eight residences is the threshold for rezoning to residential in the Joint Planning Area. Staff has concerns with potential low lying areas to the southerly portion of the property. The McLeod County Environmentalist and a septic contractor completed soil borings last fall within the proposed lot area. Initial findings would support a septic system but the environmental services will have an opinion prior to the preliminary plat application date. He explained the best location for the new home. Mr. Cripps explained his proposed location of the home. Mr. Gasow commented on setbacks. He explained soil boring locations should be placed on the preliminary plat along with locating the site on the plat and easement over future septic. Discussion followed on the need to ghost plat with the wetlands in the area. There was also . discussion on the direction of the run off. Mr. Cripps explained the size of each lot and the location of the building. Staff would recommend approval with the following conditions: 1. The new access must be from Raven Avenue. I I W) Minutes Joint Planning Board — February 17, 2010 fe 2 2. An opinion by environmental services regarding septic system support on the property must be provided prior to the preliminary plat application date of March 17, 2010. 3. Soil boring locations must be placed on the preliminary plat. Mr. Wirt made a motion to approve the request with staff recommendations. Seconded by Mr Knutson, the motion carried unanimously. Mr. Gasow stated this item would be forwarded to the County Board and placed on their consent agenda March 2, 2010 . 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF 7. ADJOURNMENT There being no further business Mr. Haugen moved to adjourn. Seconded by Mr. Luthens, the meeting adjourned at 5:43 p.m. is I � w) RA • Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, March 16, 2010 7:00 AM Minutes 1. CALL TO ORDER: Chairman Joel Kraft called the meeting to order. Members Present: Becky Felling, LaVonne Hansen and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming. 2. MINUTES OF THE HRA BOARD MEETING ON FEBRUARY 16, 2010 LaVonne Hanson moved to approve the Minutes as written. Ruth Kimball seconded and the motion carried unanimously. 3. FINANCIAL REPORTS Becky Felling moved to approve the City Center General Fund payments of $19,846.52 for checks 7557 to 7571 and January and February 2010 Financial Statements and Park Towers payments of $53,677.19 for checks 11057 to 11091 and January 2010 Financial Statements. Ruth Kimball seconded and the motion carried unanimously. 4. PARK TOWERS UPDATES a. Jean Ward reviewed with the Board the change in 2010 Operating Fund Formula and the affect on the 2010 Park Towers budget. b. Jean Ward informed the Board that she is working with Heartland Community Action Agency to determine if Park Towers is eligible for weatherization stimulus money for an energy audit and energy improvements. c. Becky Felling moved to approve to pay for no more than half the cost for the request for a reasonable accommodation for an automatic apartment door opener. 5. 2009 HUTCHINSON HRA YEAR END REPORT Jean Ward reviewed with the Board the 2009 Hutchinson HRA Year End Report. 6. ENERGY REBATE PROGRAM UPDATE Judy Flemming updated the Board on the citizen interest in the program. 7. 2009/2010 SCHOOL CONSTRUCTION HOUSE UPDATE a. Jean Ward reviewed with the Board the CRV Budget for 1116 Lewis Avenue b. Jean Ward also updated the Board on the possible next school project. It looks like a private entity is interested in purchasing the property at 400 Lynn Road, so she will have to keep looking for another property. 8. OTHEWFYI: a_ 2008, 2009, 2010 Foreclosure Reports cross referenced with utility (gas, electric or water) shut offs as of March, 2010. b. 2010 Foreclosure Sale Report c. March 1, 2010 Planning Staff Meeting Agenda 9. ADJOURNMENT There being no other business, Chairman Joel Kraft declared the meeting adjourned. • Recorded by Jean Ward, HRA Executive Director March 16, 2010 Minutes Secretary /Treasurer Page t of I ` ` ` /