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cp09-29-2009 cAGENDA HUTCHINSON CITY COUNCIL SPECIAL MEETING TUESDAY, SEPTEMBER 29, 2009 —1:00 P.M. 1. CALL TO ORD —1:00 P.M. 2. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF RESOLUTION APPROVING THE ISSUANCE OF UP TO $4 OF THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS (DAGGETT VENTURES II, LLC PROJECT), SERIES 2009 Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF ITEMS FOR ENERGY PARK IMPROVEMENTS PHASE 1 — LETTING NO. 1, PROJECT NO. 09 -01 (ADOPTING ASSESSMENT, ACCEPTING BID AND AWARDING CONTRACT) Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF ITEMS FOR POTENTIAL MN/DOT TRUNK HIGHWAY 7/15 PROPERTY TRANSACTIONS Action — Motion to reject — Motion to approve (d) CONSIDERATION FOR APPROVAL OF AMENDING RESOLUTION NO. 13624 — ARESOLUTION APPROVING A VARIANCE TO ALLOW AN INCREASE IN LOT COVERAGE IN THE SHORELAND AREA FROM 25% TO 28% FOR ADDITION TO EXISTING HOUSE AT 1880 WEST SHORE DRIVE SW Action — Motion to reject — Motion to approve 3. ADJOURN Hutchinson An Economic U,eveiopment Authority 11_lL I s ] 0' Date: September 24, 2009 To: Hutchinson City Council From: Miles R. Seppelt EDA Director RE: Agenda Items Special Meeting of City Council Item #1 RESOLUTION APPROVING THE ISSUANCE OF UP TO $4,845,000 OF THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS (DAGGETT VENTURES II, LLC PROJECT), SERIES 2009 The Hutchinson EDA is proposing to provide "conduit financing" on behalf of Daggett Ventures II (Tom Daggett) for the NuCrane Manufacturing Project (formerly Atomic Crane). NuCrane Manufacturing will create 20 jobs within two years of the company beginning operation, and 50 to 60 jobs within 5 years. The facility will be 51,000 square feet in size when complete. By utilizing the EDA's bonding authority, the borrower, Daggett Ventures II, can access $4,845,000 of project financing from Center National Bank of Litchfield in the form of Industrial Development Revenue Bonds. The actual fiscal relationship will be between Daggett Ventures II and Center National Bank, with the EDA providing the legal authority, in other words being the "conduit." Because these are revenue bonds, there is no financial risk to the city or the EDA. Jerry Gilligan of Dorsey & Whitney, the city's Bond Council, is reviewing all the legal documents and will provide an opinion before our meeting Tuesday. Costs incurred by a �) the city / EDA in connection with this bond issuance will be reimbursed by Daggett Ventures II. Finally, the Bond Council for the project, Mr. Jim Stewart, will be on hand at the meeting to answer any questions you may have. I+o m :f 7 CONSIDERATION FOR APPROVAL OF ITEMS FOR ENERGY PARK IMPROVEMENTS PHASE 1 — LETTING NO. 1, PROJECT NO. 09 -01 (ADOPTING ASSESSMENT, ACCEPTING BID AND AWARDING CONTRACT) If we can get our "Notice to Proceed" from the Federal EDA, the City Council can award this project and construction will begin shortly thereafter. If you have any questions or need additional information, please give me a call at 234- 4223. Thank you for your time and consideration. ate) RESOLUTION NO. 13632 RESOLUTION APPROVING THE ISSUANCE OF UP TO $4 OF THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS (DAGGETT VENTURES II, LLC PROJECT), SERIES 2009 BE IT RESOLVED, by the City Council (the "Council ") of the City of Hutchinson, Minnesota (the "City "), as follows: SECTION 1. FINDINGS It is hereby found, determined and declared as follows: 1.01. Pursuant to Minnesota Statutes, Chapter 469, and by a Resolution duly adopted by the City Council on January 2, 1998, the Economic Development Authority of the City of Hutchinson, Minnesota (the "Authority "), was established. Section 3.A. of the Resolution provides that the sale of bonds by the Authority must be approved by the City Council. 1.02. In furtherance of the objectives of the City and the Authority, the Authority intends to issue its Industrial Development Revenue Bonds (Daggett Ventures II, LLC Project), Series 2009 pursuant to Minnesota Statutes, Sections 469.152 through 469.165, in the maximum principal amount of $4,845,000 (the "Bonds "). 1.03. Proceeds of the Bonds will be loaned to Daggett Ventures II, LLC, a Minnesota limited liability company (the "Company "), pursuant to a Loan Agreement between the Authority and the Company dated as of October 1, 2009 (the "Loan Agreement "), to provide financing for the construction, acquisition and installation of equipment to be used in connection with manufacturing and functionally related facilities in Hutchinson, Minnesota (the "Project "). 1.04. The City Council finds and determines that the development and financing of the Project is in the best interests of the health, safety, prosperity and general welfare of the residents of the City and that the Project will provide opportunities for employment for residents of the City and surrounding area and will add to the tax base of the City and overlapping tax jurisdictions. a60-) SECTION 2. APPROVAL 2.01. The issuance of the Bonds, and the loan of the proceeds to the Company pursuant to the Loan Agreement to finance the Project, is hereby approved. 2.02. The Bonds are not to be payable from or charged upon any funds other than the revenue under the Loan Agreement pledged to the payment thereof, neither the City nor the Authority shall be subject to any liability thereon; nor shall the holder of any Bonds ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City; and, the Bonds shall not constitute a debt of the City or Authority within the meaning of any constitutional or statutory limitation. The foregoing resolution was offered by Councilman seconded by Councilman following vote: Ayes: Nays: Passed this 29` day of September, 2009. Steven W. Cook, Mayor ATTEST: Gary D. Plotz, City Administrator and and was declared carried on the a(9-) RESOLUTION NO. 13611 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING IMPROVEMENT SA -5091 LETTING NO. 1 /PROJECT NO. 09-01 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A certain petition requesting the improvement of 253 Hackbarth St SE — County PID# 23.487.0010 - City PID # 05- 116 -29 -03 -0050 — Lot 1, Block 1, Energy Park North & 1010 Benjamin Ave SE — County PID# 23.487.0050 — City PID# 05- 116 -29 -02 -0040 in conjunction with the following improvement project: Energy Park Improvements Phase 1 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, bituminous base, bituminous surfacing, lighting, landscaping, restoration and appurtenances; and filed with the council on September 8th, 2009 is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 1. Such improvement is hereby ordered. Adopted by the Council this 29th day of September 2009. Mayor City Administrator �) (' b) RESOLUTION NO. 13612 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5091 LETTING NO. 1 /PROJECT NO. 09-01 WHEREAS, cost has been determined for the improvement of Energy Park Improvements Phase 1 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, bituminous base, bituminous surfacing, lighting, landscaping, restoration and appurtenances, and the bid price for such improvement is $1,805,921.10 and the estimated expenses incurred or to be incurred in the making of such improvement amount to $433,421.06, so that the total estimated cost of the improvement is $2,239,342.16. 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 $2,225,428.27 and the portion of the cost to be assessed against benefited property owners is declared to be $139,813.92. 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, 2010 and shall bear interest at the rate of percent per annum from November 1, 2009. 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 29th day of September 2009. Mayor City Administrator j C-6) RESOLUTION NO. 13613 RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5091 LETTING NO. 1 /PROJECT NO. 09-01 WHEREAS, by a resolution passed by the Council on the 8th day of September 2009, the City Engineer was directed to prepare a proposed assessment of the cost of improving: Energy Park Improvements Phase 1 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, bituminous base, bituminous surfacing, lighting, landscaping, 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. The owners of the affected properties have waived hearing on said proposed assessment. 2. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 16th, 2009. He may at any time 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 29th day of September 2009. Mayor City Administrator aC6) RESOLUTION NO. 13614. RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5091 LETTING NO. 1 /PROJECT NO. 09 -01 WHEREAS, pursuant to resolution and waiver of hearing the Council has met and reviewed the proposed assessment for improvement of: Energy Park Improvements Phase 1 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, bituminous base, bituminous surfacing, lighting, landscaping, restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period often (10) years, the first of the installments to be payable on or before the first Monday in January, 2010 and shall bear interest at the rate of percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2009, until the 31 st day of December 2010. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is paid by the 16th day of November, 2009; and he may, at any time thereafter, pay to the City Finance Department the entire amount of the assessment remaining unpaid, with interest accrued to the 31 st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 29th day of September 2008. Mayor City Administrator ,r) ('6) RESOLUTION NO. 13615 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 1 /PROJECT NO. 09-01 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: Energy Park Improvements Phase 1 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, bituminous base, bituminous surfacing, lighting, landscaping, restoration and appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid Mathiowetz Construction of Sleepy Eye MN $1,805,921.10 Friedges Contracting Co. of Lakeville MN $1,854,926.91 Northdale Construction of Albertville MN $1,889,473.13 R & R Excavating Inc of Hutchinson MN $1,889,462.12 Hjerpe Contracting Inc of Hutchinson MN $1,898,289.05 Duininck Inc of Prinsburg MN $1,902,303.61 Kuechle Underground Inc of Kimball MN $2,036,499.49 S R Weidema Inc of Maple Grove MN $2,101,551.80 and whereas, it appears that Mathiowetz Construction of Sleepy Eye MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: The mayor and city administrator are hereby authorized and directed to enter into a contract with Mathiowetz Construction of Sleepy Eye MN in the amount of $1,805,921.10 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 29th day of September 2009. Mayor City Administrator Q L6) CITY OF HUTCHINSON RESOLUTION NO. 13623 IT IS RESOLVED that the City of Hutchinson hereby authorizes the acceptance of $81,700.00 from the State of Minnesota, Department of Transportation for the sale of 4.04 acres of existing city park property along Les Kouba Parkway NW (formerly Dakota Rail parcels) to the State of Minnesota, Department of Transportation, as previously approved by the Hutchinson City Council on June 23, 2009. Adopted by the Hutchinson City Council this 29th day of September, 2009. Mayor, Steven W. Cook City Administrator, Gary D. Plotz 0 (C-) Melissa Starke From: Gary Plotz Sent: Thursday, September 24, 2009 3:12 PM To: Bill Arndt; Chad Czmowski; Eric Yost; Jim Haugen; Steve Cook Cc: Bonnie Baumetz; Marc Sebora Subject: Gary: PC Items Language - Jeremy Crosby - Shoreline Ordinance Council Members, After looking at the shoreline ordinance and specifically the platting chart, I would concur that it would be helpful to "add the fact" that the lot was platted in such a way it was under the 10,000 square feet minimum requirement of the Shoreline Ordinance. The density (lot size) probably was altered as the lot was in a Planned Unit Development; however that should not change the fact that the lot dimensions are unique. Gary From: Steve Cook [mailto:scook @hutchtel.net] Sent: Thursday, September 24, 2009 6:42 AM To: Melissa Starke Cc: Gary Plotz Subject: PC Items Language Hi Melissa, Hope this helps. Call if you need to. Thanks, Steve 6(c)1 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to existing non - conforming setback as the structure was constructed prior to modern zoning standards, and alignment and accessibility to the garage. 6(c)2 1. The final plat shall be recorded at the McLeod County Recorder's office within 270 days of approval and will include a new drainage and utility easement along the easterly property line. 10(b) 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to existing drainage in the back yard directing that drainage to a catch basin along Underwood Ave to the west away from the lake, and a portion of the property not being in the shoreland district. 2. The variance would not alter 3. The variance is approved with ...... Melissa, I would like to add an agenda item to Tuesdays meeting to discuss amending this item to include the small size of the lot (9,000 square feet where 10,000 square feet is normally required). That's the real hardship. Ask Gary about doing this and make sure applicant is notified if necessary. I'm not trying to change what was approved, just clean up and strengthen the finding from a precedent standpoint. 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 disclosed to third parties. c)(J) RESOLUTION NO. 13624 RESOLUTION APPROVING A VARIANCE TO ALLOW AN INCREASE IN LOT COVERAGE IN THE SHORELAND AREA FROM 25% TO 28% FOR ADDITION TO EXISTING HOUSE AT 1880 WEST SHORE DRIVE S.W. Whereas, Jeremy and Stacy Crosby, property owners, have requested approval of a variance to allow an increase in lot coverage in the shoreland area from 25% to 28% for an addition to existing house at 1880 West Shore Drive S.W. with the following legal description: Legal Description: Lot 18, Block 1, Island View Heights Third Addition Whereas, the Planning Commission met on September 15, 2009, 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 a finding of undue hardship and uniqueness due to existing drainage in the back yard directing that drainage to a catch basin along Underwood Avenue to the west away from the lake, and a portion of the property not being in the shoreland district. 2. The variance would not alter the essential character of the locality. 3. The variance is approved with the percentage of coverage being no greater than 28 %. 4. The variance is approved pending construction of a rain garden. Size and construction methods must be approved by staff. The rain garden must be constructed by June 1, 2010. Adopted by the City Council this 22" day of September, 2009. ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor C:)- (J)