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cp03-12-2013Council Workshop —Transportation Plan — 4.30 p. m. AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, MARCH 12, 2013 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Word of Life 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF FEBRUARY 26, 2013 Action — Motion to approve as presented 5 min. 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have been de egated to the City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14114 — RESOLUTION TO SELL AT AUCTION SURPLUS POLICE DEPARTMENT PROPERTY (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A LOT SPLIT SUBMITTED BY HUTCHINSON TECHNOLOGY TO SPLIT 38.4 ACRES FROM A 61.2 ACRE PARCEL WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO.14116) (c) CONSIDERATION FOR APPROVAL OF 2013 LIQUOR LICENSE RENEWALS (d) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 8. PUBLIC HEARINGS —6:00 P.M. 10 min. (a) TRUNK HWY 15 AND CSAH 115 ROUNDABOUT PROJECT (LETTING NO. 4, PROJECT NO. 13- 04) - ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Action — Motion to reject — Motion to approve 10 min. (b) RAILROAD DEPOT SITE IMPROVEMENTS PROJECT (LETTING NO. 8, PROJECT NO. 13 -08) - ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS CITY COUNCIL AGENDA —MARCH 12, 2013 Action — Motion to reject — Motion to approve 9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise policy. A ways looking toward t e uture, not monitoring past) 10 min. (a) HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY 2012 YEAR END REPORT No action. 10. 10 min. (a) CONSIDERATION OF ORDINANCE NO. 13 -0704 — AN ORDINANCE ADOPTING SECTION 123 OF THE HUTCHINSON CITY CODE PERTAINING TO FOOD VENDORS (FIRST READING, SET SECOND READING AND ADOPTION FOR MARCH 26, 2013) Action — Motion to reject — Motion to approve 20 min. (b) CONSIDERATION OF ORDINANCE NO. 13 -0705 —AN ORDINANCE AMENDING CHAPTER 93 OF THE HUTCHINSON CITY CODE — ANIMALS Action — Motion to reject — Motion to approve 11. NEW BUSINESS 5 min. (a) REVIEW OF POLICY NO. 2.04 — SUBDIVISIONS, NEW AND EXISTING, AND RELATED SUBDIVISION AGREEMENTS No action. 5 min (b) CONSIDERATION FOR APPROVAL OF AMENDING CITY OF HUTCHINSON POLICY NO. 2.01 — PLANNING COMMISSION STAFF REVIEW Action — Motion to reject — Motion to approve 10 min. (c) CONSIDERATION FOR APPROVAL OF ABOLISHING CITY OF HUTCHINSON POLICIES: - POLICY NO. 2.01 — PLANNING COMMISSION REVIEW OF DOCUMENTS - POLICY NO. 2.07 — ZONING ORDINANCE — AMENDMENT - POLICY NO. 2.08 — ZONING ORDINANCE — APPEAL - POLICY NO. 2.09 — PLANNED UNIT DEVELOPMENT - POLICY NO. 2.11 — CONDITIONAL USE PERMIT - POLICY NO. 2.12 — VARIANCE - POLICY NO. 2.37 — HUTCHMOBILE USE Action — Motion to reject — Motion to approve 5 min. (d) CONSIDERATION FOR APPROVAL OF AMENDING NUMBER OF CHARTER COMMISSION MEMBERS Action — Motion to reject — Motion to approve 5 min. (e) CONSIDERATION FOR APPROVAL OF RESOLUTION IN SUPPORT OF PRESERVATION OF TAX EXEMPT FINANCING Action — Motion to reject — Motion to approve 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports. policy development and governance process items.) CITY COUNCIL AGENDA —MARCH 12, 2013 (a) FIRE DEPARTMENT MONTHLY REPORT FOR FEBRUARY 2013 (b) HUTCHINSON UTILITIES COMMISSION MINUTES FROM JANUARY 30, 2013 (c) LIBRARY BOARD MINUTES FROM JANUARY 28, 2013 (d) HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JANUARY 15, 2013 (e) PLANNING COMMISSION MINUTES FROM JANUARY 15, 2013 (i) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM FEBRUARY 3, 2013 (g) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR FEBRUARY 20 13. MISCELLANEOUS 14. ADJOURN 3 MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 26, 2013 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called t he meeting to order. Members present were Chad Czmowski, Bill Arndt and Gary Forcier. Member absent was Mary Christensen. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Rev. Kevin Oster, Our Savior's Lutheran, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Arndt congratulated DNR conservation officer Brett Oberg on his award as conservation officer of the year. Council Member Arndt also thanked the Event Center staff and senior citizens on bringing in a great entertainment group this past Saturday as a fundraiser for the senior center. Council Member Forcier acknowledged five high school students going to the state wrestling tournament this week. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF FEBRUARY 12, 2013 Motion by Czmowski, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise ave een e egate to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14102 — RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2. RESOLUTION NO. 14108 —A RESOLUTION AMENDING THE GENERAL FUND BUDGET FOR FISCAL YEAR 2012 (COPS GRANT) 3. RESOLUTION NO. 14113 — RESOLUTION RELATING TO PARKING RESTRICTIONS ON JEFFERSON STREET SE (b) CONSIDERATION FOR APPROVAL OF ISSUING TOBACCO LICENSE TO JOSEPH MAYLAND OF MAIN STREET SPORTS BAR (c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO ADULT TRAINING AND HABILITATION CENTER ON JUNE 14, 2013, AT CROW RIVER GOLF CLUB (d) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO HUTCHINSON HOCKEY ASSOCIATION ON SEPTEMBER 28, 2013, AT HUTCHINSON CIVIC ARENA CITY COUNCIL MINUTES —FEBRUARY 26, 2013 (e) CONSIDERATION FOR APPROVAL OF ISSUING HAULING LICENSE TO RENVILLE SIBLEY SANITATION (t) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 7(f) was pulled to allow Council Member Forcier to abstain from voting. Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of Item 7(f). Motion carried unanimously. Motion by Arndt, second by Czmowski, to approve Item 7(f), with Forcier abstaining. Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) 2013 PAVEMENT MANAGEMENT PROGRAM PROJECT (LETTING NO. 3, PROJECT NO. 13 -03) — ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project includes pavement rehabilitation at several locations on the streets of Glen, Brown, Grove, Franklin and Division. The proposed pavement mill and overlay method has shown to extend the roadway lifecycles approximately 10 to 20 years. The assessment process was explained as well as the hearings processes. Should the project proceed, it is anticipated to start in the summer /fall of 2013 and should be completed in one construction season. The estimated project cost is $444,000 with assessments covering approximately $180,000 of the project. Mr. Exner explained a mastic — clearview process (joint sealant) used with the project. Lenny Rutledge, Jefferson Street SE, spoke before the Council. Mr. Rutledge asked about the mastic — clearview° process being used. Mr. Exner noted that this process will most likely be used on the newer streets but will be determined on a case by case basis. Tony Benton, Miller Avenue, spoke before the Council. Mr. Benton asked the timeframe for the avenues in the neighborhood and asked about the sealant program and whether or not it will be used on the avenues. Mr. Exner noted that if the joint sealant program works well on the streets in this program, it may very well be used on the avenues. Mr. Exner noted that the avenues in the neighborhood have not been placed on the schedule yet, but will need a reclamation, therefore cannot be part of this program. Glen Sladek, 130`h Street, presented before the Council. Mr. Sladek clarified that if there are mill ppatches that need to be done or curb spots that need to be done, there is no additional assessment. Mr. Sladek asked about outright taxing properties for improvements rather than assessing specific properties for improvements. General discussion was held on these two types of funding sources for improvement projects. Mayor Cook noted that if assessments were not part of the programs, the levy would need to be increased approximately $500,000 or more each year. Mr. Exner spoke of a street utility district approach that the legislature may be considering. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Mayor Cook noted that the day of the week the bids will be opened is Thursday, March 21, 2013 (the Resolution states Tuesday, March 21, 2013). (b) Motion by Czmowski, second by Forcier, with the day change, to order improvement, plans and specifications and order advertisement for bids for Letting No. 3, Project No. 13 -03. Motion carried unanimously. 9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise po icy. A ways looking toward t e uture, not monitoring past) (a) RECYCLING FOR FUTURE OF MCLEOD COUNTY — MCLEOD COUNTY COMMISSIONERS CITY COUNCIL MINUTES— FEBRUARY 26, 2013 County Commissioner Paul Wright presented before the Council. Commissioner Wright explained the staff that operates the County's solid waste program. Commissioner Wright described the funding sources for the program, as well as the subsidized programs. Commissioner Wright explained other programs, such as the penny per lb program, backpack program, redemption area collections and commercial and paper drives. The curbside recycling program has increased immensely from 2011 to 2012. Commissioner Wright showed graphics of trends over the last several years related to commodity sales, residential recycling history, and rebates in schools. Commissioner Wright spoke of alternatives being reviewed for the recycling program, such as perhaps moving to single sort or dual sort versus the five -sort program. Commissioner Wright explained how the solid waste program assists in keeping the County's tax levy down. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF MOSQUITO CONTROL OPERATIONS CONTRACT WITH CLARKE ENVIRONMENTAL Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that when the mosquito control referendum ended, the referendum amount was rolled into the general fund. Mr. Carter noted that three quotes have been received from different vendors. The Resource Allocation Committee discussed various aspects of the program and have recommended that a three -year contract be entered into with Clarke Environmental Mosquito Management, Inc. A three -year contract offers more favorable pricing. The Committee is recommending that the contract remain as the core program, which the City currently utilizes. Council Member Arndt asked if a drought were to occur, could spraying applications be reserved to the next year. John Olson, Public Works Manager, explained that six applications are set and scheduled for the season, with additional applications or reserves that could be tapped in to. However, the six applications are specified to occur each contract year. Motion by Czmowski, second by Cook, to approve a three -year contract with Clarke Mosquito Control. Motion carried unanimously. (c) WATER TREATMENT PLANT REVERSE OSMOSIS MEMBRANE (LETTING NO. 7, PROJECT NO. 13 -07) — WAIVING HEARING, ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Jeremy Carter, City Administrator, explained that staff has been researching the best funding options for this project. Staff recommendation is to solely utilize Water funds to pay for the project. This approach will allow for the administration of this project to be expedited to address evolving water treatment concerns. Therefore, the public hearing may be waived due to no bonding dollars being used. Motion by Arndt, second by Forcier, to waive hearing, order improvement, approve plans and specifications and order advertisement for bids for Letting No. 7, Project No. 13 -07. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF ISSUING CATERER'S PERMIT TO J &N SCHLAGEL ENTERPRISES II, LTD. ON JULY 20 AND SEPTEMBER 21, 2013, AT HUTCHINSON EVENT CENTER Marc Sebora, City Attorney, noted that the applicant has submitted a caterer's application to cater two events at the Event Center. Mr. Sebora noted that he has requested the Council to add a condition that the caterer's permit will be approved pursuant to the applicant pr?viding updated licenses prior to the events occurring. In addition, the applicant has noted that the July 20' event has moved to August 17th. Motion by Czmowski, second by Forcier, to approve caterer's permit to J &N Schlagel Enterprises II. Ltd. on August 17, 2013, and September 21, 2013, with the condition that the applicant provide all updated licenses and insurance prior to the catered events occurring. Motion carried unanimously. 12. GOVERNANCE ( Purpose: to assess past organizational performance, developpolicy that guides the organization and CITY COUNCIL MINUTES— FEBRUARY 26. 2013 Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM FEBRUARY 5, 2013 (b) CITY OF HUTCHINSON FINANCIAL REPORT FOR JANUARY 2013 (c) CITY OF HUTCHINSON INVESTMENT REPORT FOR JANUARY 2013 13. MISCELLANEOUS John Dietel, Arch Street, presented before the Council. Mr. Dietel requested that the Council reconsider allowing chickens within city limits. The Council asked questions of Mr. Dietel, such as a limit to the number of chickens, nuisance conditions, etc. Mr. Dietel noted that other cities allow a maximum number of chickens per household/lot within the city. Council Member Forcier suggested that staff research other cities allowances and bring back to the Council. Jeremy Carter— Mr. Carter requested a Council workshop be set for March 12, 2013, at 4:30 p.m. to review the Imagine Hutchinson Downtown Plan. Motion by Forcier, second by Czmowski, to set Council workshop for March 12, 2013, at 4:30 p.m. to review the downtown plan. Motion carried unanimously. Mr. Carter reminded the Council of the workshop scheduled for March 26, 2013, at 4:00 p.m. regarding the pool. Mr. Carter also noted that the City has received the outstanding financial reporting award. Mayor Cook mentioned that the Parks and Trails Day at the Hill will be March 12, 2013. Motion by Czmowski, second by Arndt, to set Parks and Trails Day at the Hill on March 12, 2013, as a public meeting. Motion carried unanimously. Mayor Cook spoke of the proposed animal ordinance that was discussed at the last Council meeting. Mayor Cook noted that he and Council Member Forcier met with the animal shelter board of directors and held discussions regarding the ordinance. Mayor Cook spoke of ways to use revenues from animal registration fees, such as a dog park or spade /neuter programs. There was also a suggestion that perhaps animal licensing should be done in vet clinics or at the animal shelter. Council Member Czmowski noted that the comments he has received has been that the Council doesn't need to set a limit of animals per household. More research will be conducted on the proposed ordinance and will be brought forth at an upcoming Council meeting. 14. ADJOURN Motion by Arndt, second by Cook, to adjourn at 7:10 p.m 0 HUTCHINSON CITY COUNCIL REQUEST FOR BOARD ACTION Agenda Item: Resolution for sale of unclaimed items to be sold at auction Department: Police Meeting Date: 3/12/2013 Contact: Daniel T. Hatten Item Type: Amount of Time Requested: 2 Minutes Consent Agenda Presenter /If Different than Contact: Daniel T. Hatten Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM RESOLUTION TO SELL AT AUCTION Unused Property This is the generator out of the south park water tower facility, it was utilized as emergency backup power for the radio repeater system which in no longer in use by Police or Fire. I have contacted the city directors, no one has a need for this generator. BOARD ACTION REQUESTED: The Hutchinson Police Department recommends approval of resolution to sell unused property at auction Fiscal Impact: 0 FTE Impact 0 Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Remaining Cost: Funding Source: 0 Budget Change: No Funding Source: N/A $ 0 Funding Source: N/A Additional Financial /FTE Comments: 1(0,)l RESOLUTION TO SELL AT AUCTION SURPLUS POLICE DEPARTMENT PROPERTY Resolution No. 14114 WHEREAS, the Hutchinson Police Department has accumulated surplus property. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91, Subdivision 3, Paragraph C for the sale at auction of surplus property. AND WHEREAS, the police department has determined that it is in possession of surplus property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. That the Hutchinson City Council hereby approves the sale at auction - Cummins Gen Set, (Serial Number - D028357041) and Onan Automatic Switch (Serial Number - A920443759) Items to be sold through Fahey Auction Center. Adopted by the City Council this 12'h day of March 2013. Mayor City Administrator HUTCHINSON CITY COUNCIL Request for Board Action Agenda Item: Planning Commission Items Department: Planning and Zoning LICENSE SECTION Meeting Date: 3/12/2013 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency NIA Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: LOT SPLIT OF 38.4 ACRES FROM HTI PROPERTY AT 40 WEST HIGHLAND PARK DRIVE NE. HTI is proposing to subdivide a 38.4 acre parcel, from the parcel addressed as 40 Highland Park Drive, to create a separate lot to be put on the market for sale. The remaining lot would be 22.8 acres. The property is zoned 1 -1 (Light Industrial) zoning district. The proposed subdivision would meet the requirements of the 1 -1 district in area, width, depth and building setbacks. Additional information is contained in the attached staff report and attachments. BOARD ACTION REQUESTED: Approval of lot split application. Fiscal Impact: $ 0.00 Funding Source: NIA FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: 5 0.00 Total City Cost: $ 0.00 Funding Source: N,A Remaining Cost: 5 0.00 Funding Source: N/A Ike\ MEMORANDUM DATE: March 6, 2013, for the March 12, 2013, City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director SUBJECT: LOT SPLIT OF 38.4 ACRES FROM HTI PROPERTY AT 40 WEST HIGHLAND PARK DRIVE NE Background: HTI is proposing to subdivide a 38.4 acre parcel, from the parcel addressed as 40 Highland Park Drive, to create a separate lot to be put on the market for sale. The remaining lot would be 22.8 acres. The property is zoned 1 -1 (Light Industrial) zoning district. The proposed subdivision would meet the requirements of the 1 -1 district in area, width, depth and building setbacks. Additional information is contained in the attached staff report and attachments. Planning Commission Meeting: The Planning Commission considered the request at their March 5th meeting. Staff reported the proposed lot split would meet the requirements of the Zoning Ordinance. There were no neighboring property owners present. Dwight Bordson, a representative from Hutchinson Technology Inc., was present for questions. Mr. Exner stated that each property is required to have its own sewer and water services. He explained where the main connections would be located to provide separate services. There was also discussion on the stormwater drainage from both properties. After concluding discussion, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the lot split with the findings and conditions in the attached resolution. CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14116 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A LOT SPLIT TO CREATE A 38.4 ACRE LOT FROM A 61.2 ACRE PARCEL OWNED BY HUTCHINSON TECHNOLOGY INC. LOCATED AT 40 WEST HIGHLAND PARK DRIVE FACTS Hutchinson Technology Inc. is the owner of a parcel of land located at 40 West Highland Park Drive N.E., Hutchinson Minnesota; and, 2. The subject property is legally described as: DESCRIPTION FOR PARCEL A (22.8 acres) That part of Lots 3 and 4 of the Auditors Plat of the West Half of Section 32, Township 117, Range 29, McLeod County, Minnesota, described as follows: Commencing at the southwest comer of the South Half of the Northwest Quarter of said Section 32; thence North 89 degrees 07 minutes 31 seconds East, assumed bearing, along the south line of said South Half of the Northwest Quarter 1315.00 feet to the southeast comer of Lot 3 of said Auditors Plat; thence North 0 degrees 52 minutes 29 seconds West, along the east line of said Lot 3 a distance of 600.00 feet to the northeast corner of said Lot 3; thence South 89 degrees 07 minutes 31 seconds West, along the north line of said Lot 3 a distance of 72.00 feet to the point of beginning of the land to be described; thence North 00 degrees 33 minutes 10 seconds West 580.00 feet; thence South 89 degrees 07 minutes 00 seconds East 50.02 feet; thence South 00 degrees 33 minutes 10 seconds East 674.47 feet; thence North 89 degrees 07 minutes 31 seconds East 27738 feet; thence South 00 degrees 52 minutes 29 seconds East 256.00 feet; thence North 89 degrees 07 minutes 31 seconds East 272.00 feet; thence South 00 degrees 52 minutes 29 seconds East 198.00 feet to the north line of the South 50.00 feet of said South Half of the Northwest Quarter; thence North 89 degrees 07 minutes 31 seconds East, along said north line of the South 50.00 feet of the South Half of the Northwest Quarter 784.00 feet to the east line of said South Half of the Northwest Quarter; thence South 02 degrees 27 minutes 51 seconds West, along said east line 50.09 feet to the southeast comer of said South Half of the Northwest Quarter; thence South 89 degrees 07 minutes 31 seconds West, along the south line of said South Half of the Northwest Quarter 2622.92 feet to the southwest comer of said South Half of the Northwest Quarter; thence North 02 degrees 08 minutes 16 seconds East, along the west line of said South Half of the Northwest Quarter 285.53 feet to the centerline of C.S.A.H. No. 7; thence North 44 degrees 44 minutes 22 seconds East, along said centerline 450.14 feet to the north line of said Lot 3; thence North 89 degrees 07 minutes 31 seconds East, along said north line 906.31 feet to the point of beginning. Subject to easements of record. DESCRIPTION FOR PARCEL B (38.4 acres) That part of Lots 3 and 4 of the Auditors Plat of the West Half of Section 32, Township 117, Range 29, McLeod County, Minnesota, described as follows: Commencing at the southwest corner of the South Half of the Northwest Quarter of said Section 32; thence North 89 degrees 07 minutes 31 seconds East, assumed bearing, along the south line of said South Half of the Northwest Quarter 1315.00 feet to the southeast corner of Lot 3 of said Auditor's Plat; thence North 0 degrees 52 minutes 29 seconds West, along the east line of said Lot 3 a distance of 600.00 feet to the northeast comer of said Lot 3; thence South 89 degrees 07 minutes 31 seconds West, along the north line of said Lot 3 a distance of 72.00 feet; thence North 00 degrees 33 minutes 10 seconds West 580.00 feet; thence North 89 degrees 07 minutes 00 seconds West 180.00 feet to the point of beginning of the land to be described; thence returning South 89 degrees 07 minutes 00 seconds East 180.00 feet; thence continuing South 89 degrees 07 minutes 00 seconds East 50.02 feet; thence South 00 degrees 33 minutes 10 seconds East 674.47 feet; thence Findings of Fact — Resolution # 14116 Hutchinson Technology Inc. — Lot Split Page 2 North 89 degrees 07 minutes 31 seconds East 277.38 feet; thence South 00 degrees 52 minutes 29 seconds East 256.00 feet; thence North 89 degrees 07 minutes 31 seconds East 272.00 feet; thence South 00 degrees 52 minutes 29 seconds East 198.00 feet to the north line of the South 50.00 feet of said South Half of the Northwest Quarter; thence North 89 degrees 07 minutes 31 seconds East, along said north line of the South 50.00 feet of the South Half of the Northwest Quarter 784.00 feet to the east line of said South Half of the Northwest Quarter; thence North 02 degrees 27 minutes 51 seconds East, along said east line 1262.62 feet to the northeast corner of said South Half of the Northwest Quarter; thence South 89 degrees 25 minutes 14 seconds West, along the north line of said South Half of the Northwest Quarter 1781.08 feet to the centerline of C.S.A.H. No. 7; thence South 28 degrees 06 minutes 20 seconds West, along said centerline 68.39 feet to the intersection with a line bearing North 68 degrees 34 minutes 12 seconds West from the point of beginning; thence South 68 degrees 34 minutes 12 seconds East 195.81 feet to the point of beginning. Subject to easements of record. ALSO That part of the West 80.00 feet of the South 3/4 of the Southwest Quarter of the Northeast Quarter of Section 32, Township 117 North, Range 29 West, McLeod County, Minnesota, lying north of the South 50.00 feet of said Southwest Quarter of the Northeast Quarter and lying south of a line described as follows: Commencing at the northwest corner of said South 3/4 of the Southwest Quarter of the Northeast Quarter; thence southerly, along the west line of said South 3/4 of the Southwest Quarter of the Northeast Quarter 7.11 feet to the beginning of the line to be described; thence easterly, to a point on the east line of said South 3/4 of the Southwest Quarter of the Northeast Quarter a distant 22.00 feet south of the northeast corner of said South 3/4 of the Southwest Quarter of the Northeast Quarter and said line there terminating. Subject to easements of record. 3. Hutchinson Technology Inc. has applied to the City for a lot split to create a separate lot for possible resale. 4. The Planning Commission met on March 5, 2013, 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 subject to the following findings and conditions: a. The proposed lot split would meet the standards of the 1 -1 zoning district. b. Each lot created by the lot split must have its own water and sanitary sewer services. All necessary easements for these services that are routed off of the property they serve that do not connect directly into a City main, must be identified. Easements must be obtained for storm sewers that serve the property and pass through a different property. c. Building must meet building code after use is determined. d. Building permits will be required for any new building construction on site. e. Address will be off Bluff Street. f Sign permits will be required for any new signs. g. Hutchinson Utilities must have easement provisions for electrical services depending on how the lot will be serviced with electrical utilities in the future. h. The lot split must be recorded at the McLeod County Recorder's Office within one year of approval by the City. i_ Ingress and egress easements f or each property as noted on the survey must be recorded at McLeod County. Findings of Fact — Resolution 4 14116 Hutchinson Technology Inc. — Lot Split Page 3 5. The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on March 12, 2013, and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: a. The proposal would meet the standards for granting a lot split, subject to the conditions stated. b. City Council has considered the recommendation of the Planning Commission and the effect of the proposed use 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 the effect of the use on the Comprehensive Plan. c. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. d. The proposed lot split would meet the standards of the I -1 zoning district. e. Each lot created by the lot split must have its own water and sanitary sewer services. All necessary easements for these services that are routed off of the property they serve that do not connect directly into a City main, must be identified. Easements must be obtained for storm sewers that serve the property and pass through a different property. f. Building must meet building code after use is determined. g. Building permits will be required for any new building construction on site. h. Address will be off Bluff Street. i. Sign permits will be required for any new signs. j. Hutchinson Utilities must have easement provisions for electrical services depending on how the lot will be serviced with electrical utilities in the future. k. The lot split must be recorded at the McLeod County Recorder's Office within one year of approval by the City. I. Ingress and egress easements f or each property as noted on the survey must be recorded at McLeod County. APPLICABLE LAW 6. The lot split request meets the standards as required in Section 153.03 of the City of Hutchinson Municipal Code, Subdivision Control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a lot split to Hutchinson Technology Inc., is approved. Adopted by the City Council this 12th day of March, 2013. ATTEST: Jeremy J. Carter City Administrator Steven W. Cook Mayor CITY OF HUTCHINSON PLANNING STAFF REPORT To: Hutchinson Planning Commission From: Brad Emans, Dolf Mono, Dave Hunstad, Miles Seppelt, Sans Thapa, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kent Exner, John Paulson, Mike Bahe, Marc Sebora, Jeremy Carter, Dan Hatten, Dick Nagy, John Lofdahl, Dan Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: February 25 — Meeting Date: March 5, 2013 Applicant: Hutchinson Technology Inc. LOT SPLIT Brief Description Hutchinson Technology has submitted a lot split application to split 38.4 acres from a 61.2 acre parcel owned by HTI, to create a separate lot to be put on the market for sale. The proposed subdivision would meet the requirements of the I -1 district in area, width, depth and building setbacks. GENERAL INFORMATION Existing Zoning: I -I (Light Industrial Park) Lot Size: 61.2 acres Lot Split HTI — 40 West Highland Park Drive Planning Commission- March 5, 2013 Page 2 Existing Land Use: Light Industrial Adjacent Land Use And Zoning: 1 -1 and Agricultural use that is out of City limits. In addition, there is acreage to the south that is zoned R -1 (Single family). Comprehensive Land Use Plan: Business Park Zoning History: This portion of the HTI property was annexed in 1987. The property was rezoned from R -2 (Medium Density Residential) to 1 -1 (Light Industrial) in 1991. The development center building was constructed in 1991. There was an 8.63 parcel split off in 2009, for Midwest Industrial Tool Grinding Inc. Applicable Regulations: Section 153.03, City Code, Subdivision Control Analysis and Recommendation: The proposed lot split would create a new 38.4 acre lot to allow that portion of the site to be sold. The new lot would be substantially larger than the minimum requirements for the 1 -1 zoning district. The lot will be a flag lot that will allow access to Bluff Street. Access to the site could come from Bluff St or off of West Highland Park Drive. There are two ingress /egress easement descriptions that are shown on the survey to provide access and allow for each parcel to travel across the other parcel to gain access to the respective parcels. The proposed lot already has a separate parking lot in place and is also connected to the main campus through private drives. The new lot will be assigned a Bluff Street address after subdivision. The proposed lot split meets the requirements of the Zoning and Subdivision Ordinances, therefore staff recommends approval with the following recommended findings and conditions for approval: I. The proposed lot split would meet the standards of the 1 -I zoning district. 2. Each lot created by the lot split must have its own water and sanitary sewer services. All necessary easements for these services that are routed off of the property they serve that do not connect directly into a City main, must be identified. Easements must be obtained for storm sewers that serve the property and pass through a different property. 3. Building must meet building code after use is determined. 4. Building permits will be required for any new building construction on site. 5. Address will be off Bluff Street. 6. Sign permits will be required for any new signs. 7. Hutchinson Utilities must have easement provisions for electrical services depending on how the lot will be serviced with electrical utilities in the future. 8. The lot split must be recorded at the McLeod County Recorder's Office within one year of approval by the City cc: Dwight Bordson, HTI CERTIFICATE OF SURVEY FOR *� HUTCHINSON TECHNOLOGY, INC. IMI.O YO r0.{P rlJOaa r[. 111®1 Mlle 11•E r .Wlm a. ram worar ra rarn. m molar moo r a i i fj �5 �0 , % % QA LOT 3 RECEIVED City of Hutchinson ol.rmnq, Zpmnq B Building Department, Waded oa ra Pa 1 Pill rw I.. . EXCEPt ON � � \ 12 OF PARCEL A AREA-22.00 Acr.. I E sl �i LOT 4 1«u'.'�M nn.A « «r �r «mrrM+W� i W� W'ICO�i"'"u[w..xW MYM «W Yw,Wru.i I �nw ..+.n, «...wr.w -... a«.. �. ... «la.l.n.- r.. r..a..ra......."�. 1..a � N ...:�.. «a........ w w POND vOND ... PARCEL B TOTAL AREA-MAO Acr.. of I I f;, �>r 1� IN POND IP OF Ip 5� of IP 5 � iiinia �a .OiLril Y10.PRI.fYrG. YIC 3 HUTCHINSON CITY COUNCIL 1���, Request for Board Action 7Arit%=; 7 Agenda Item: Approval of 2013 Liquor License Renewals Department. Administration LICENSE SECTION Meeting Date: 3/1212013 Application Complete Yes Contact: Melissa Starke Agenda Item Type: Presenter: Reviewed by Staff F,7/ Consent Agenda Time Requested (Minutes): License Contingency No Attachments: No BACKGROUND /EXPLANATION OF AGENDA ITEM: The following establishments have applied for 2013 liquor license renewals. The appropriate paperwork has been submitted with each renewal application. Additional license renewal approvals will be coming to the Council at a future meeting, however the following licenses are recommended for approval at this time: On -Sale Intoxicating Applebee's+ Sunday Buffalo Wild Wings + Sunday Main Street Sports Bar + Sunday Tokyo Grill + Sunday Gold Coin + Sunday Lamplighter Lounge II, Inc + Sunday Little Crow Bowling Lanes + Sunday WrielStrong Beer License Jake's Pizza + Sunday Club Liquor Crow River Golf Club + Sunday Fraternal Order of Eagles + Sunday V.F.W. Post 908 + Sunday BOARD ACTION REQUESTED: Approve 2013 liquor license renewals Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PRO/ECTSECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: -1(0 R55CKREG LOG22001V0 CITY OF HUTCHINSON Council Check Register Check Dates 2/27- 3/12/13 Check # Ck Date Amount Vendor/ Explanation 174675 2/27/2013 43,202.00 LEAGUE OF MN CITIES -INS TRUST 174676 2/27/2013 425.89 MCLEOD COOP POWER ASSN 174677 2/27/2013 150.00 MPCA 174678 2/27/2013 310.00 MPCA 174679 3/6/2013 69.30MCLEOD COUNTY TREASURER 174680 3/6/2013 60.00 MINNESOTA SECRETARY OF STATE 174681 3/12/2013 620.31 ACE HARDWARE 174682 3/12/2013 1,234.04 AEM MECHANICAL SERVICES, INC 174683 3/12/2013 5,963.63 ALDEN POOL & MUNICIPAL SUPPLY 174684 3/12/2013 161,873.91 ALPHA WIRELESS 174685 3/12/2013 155.60 AMERICAN BOTTLING CO 174686 3/12/2013 90.85 AMERICAN FAMILY INS CO. 174687 3/12/2013 6.55 AMERICAN MESSAGING 174688 3/12/2013 73.10 AMERIPRIDE SERVICES 174689 3/12/2013 178.26 ARCTIC GLACIER PREMIUM ICE INC 174690 3/12/2013 850.00 ARM OF MINNESOTA 174691 3/12/2013 623.73 ARROW TERMINAL LLC 174692 3/12/2013 608.59 ASPEN EQUIPMENT CO 174693 3/12/2013 516.88 AUTO VALUE - GLENCOE 174694 3/12/2013 2,000.00 AUTOMATIC SYSTEMS CO 174695 3/12/2013 446.42 BECKER ARENA PRODUCTS 174696 3/12/2013 266.16 BERNICK'S 174697 3/12/2013 207.50 BERNICK'S FOOD SERVICE 174698 3/12/2013 39.99 BLUETARP FINANCIAL INC. 174699 3/12/2013 1,731.00 BOLTON & MENK INC. 174700 3/12/2013 600.00 BOVINE BASICS 174701 3/12/2013 683.74 BRANDON TIRE CO 174702 3/12/2013 443.00 BT LOCK & KEY 174703 3/12/2013 99.12 BUFFALO CREEK ENTERPRISES -1 Q' 3/6/2013 Account Description ACCRUED WORKERS COMP UTILITIES LICENSES & TAXES LICENSES & TAXES DUES & SUBSCRIPTIONS DUES & SUBSCRIPTIONS RECEIVED NOT VOUCHERED CONTRACT REPAIR & MAINTENANCE EQUIPMENT PARTS COMMUNICATION MAINTENANCE COST OF MIX & SOFT DRINKS ACCRUED LIFE INSURANCE COMMUNICATIONS CONTRACT REPAIR & MAINTENANCE COST OF MIX & SOFT DRINKS TRAVEL SCHOOL CONFERENCE EQUIPMENT PARTS CENTRAL GARAGE REPAIR REPAIR & MAINTENANCE SUPPLIES OTHER CONTRACTUAL REPAIR & MAINTENANCE SUPPLIES FOOD PRODUCTS - CONCESSION COST OF MIX & SOFT DRINKS DUES & SUBSCRIPTIONS COMPOST- BULK PRODUCT CENTRAL GARAGE REPAIR CONTRACT REPAIR & MAINTENANCE COST OF MIX & SOFT DRINKS 174704 3/12/2013 1,281.70 BUSHMAN, RAQUEL FOOD PRODUCTS - CONCESSION 174705 3/12/2013 3,195.25 BUSINESSWARE SOLUTIONS PRINTING & PUBLISHING 174706 3/12/2013 30,688.74 C & L DISTRIBUTING COST OF SALES -BEER 174707 3/12/2013 261.84 CARDIAC SCIENCE OPERATING SUPPLIES 174708 3/12/2013 5,301.01 CARGILL INCORPORATED CONTRACT REPAIR & MAINTENANCE 174709 3/12/2013 131.84 CARQUEST OF HUTCHINSON MOTOR FUELS & LUBRICANTS 174710 3/12/2013 1,480.22 CDW GOVERNMENT, INC MACHINERY & EQUIPMENT 174711 3/12/2013 2,433.70 CENTRAL HYDRAULICS CENTRAL GARAGE REPAIR 174712 3/12/2013 117.40 CENTRAL LANDSCAPE SUPPLY REPAIR & MAINTENANCE SUPPLIES 174713 3/12/2013 78.00 COALITION OF GREATER MN CITIES TRAVEL SCHOOL CONFERENCE 174714 3/12/2013 222.83 COMDATA CORPORATION OPERATING SUPPLIES 174715 3/12/2013 50.00 COMMISSIONER OF TRANSPORTATION TRAVEL SCHOOL CONFERENCE 174716 3/12/2013 220.47 CONTINENTAL RESEARCH CORP CLEANING SUPPLIES 174717 3/12/2013 571.72 CROW RIVER AUTO & TRUCK REPAIR AUTOMOTIVE REPAIR 174718 3/12/2013 248.00 CROW RIVER OFFICIALS ASSN OTHER CONTRACTUAL 174719 3/12/2013 1,663.20 CROW RIVER WINERY COST OF SALES -WINE 174720 3/12/2013 381.42 CRYSTEEL TRUCK EQUIP CENTRAL GARAGE REPAIR 174721 3/12/2013 554.00 CUMMINS NPOWER, LLC OTHER CONTRACTUAL 174722 3/12/2013 5,775.70 DAY DISTRIBUTING COST OF SALES -BEER 174723 3/12/2013 4,117.54 DOOLEY'S PETROLEUM INC RECEIVED NOT VOUCHERED 174724 3/12/2013 1,444.11 DPC INDUSTRIES INC CHEMICALS & PRODUCTS 174725 3/12/2013 1,065.25 DROP -N -GO SHIPPING, INC POSTAGE 174726 3/12/2013 1,017.31 E2 ELECTRICAL SERVICES INC CONTRACT REPAIR & MAINTENANCE 174727 3/12/2013 100.00 EBERT, PAT SAFETY SUPPLIES 174728 3/12/2013 58.25 ECOLAB PEST ELIM CONTRACT REPAIR & MAINTENANCE 174729 3/12/2013 55.98 ECONO FOODS MEETINGS 174730 3/12/2013 727.02 ELECTRO WATCHMAN OTHER CONTRACTUAL 174731 3/12/2013 577.81 ENGAGE TECHNOLOGIES INC RECEIVED NOT VOUCHERED 174732 3/12/2013 63.50 EXTREME BEVERAGE LLC COST OF MIX & SOFT DRINKS 174733 3/12/2013 44.61 FASTENAL COMPANY RECEIVED NOT VOUCHERED 174734 3/12/2013 475.26 FINANCE & COMMERCE ADVERTISING 174735 3/12/2013 128.11 FISHER SCIENTIFIC CHEMICALS & PRODUCTS 174736 3/12/2013 448.38 G & K SERVICES OPERATING SUPPLIES 174737 3/12/2013 10,920.10 GARTNER REFRIGERATION & MFG, I CONTRACT REPAIR & MAINTENANCE 2 174738 3/12/2013 3,200.00 GAVIN, OLSON & WINTERS, LTD 174739 3/12/2013 380.25 GEB ELECTRICAL INC 174740 3/12/2013 3,745.00 GOODPOINTE TECHNOLOGY 174741 3/12/2013 35.93 GRAINGER 174742 3/12/2013 554.61 H.A.R.T. 174743 3/12/2013 461.43 HACH COMPANY 174744 3/12/2013 225.00 HANSEN GRAVEL 174745 3/12/2013 225.00 HANSON & VASEK CONSTRUCTION 174746 3/12/2013 433.42 HAUG IMPLEMENT CO 174747 3/12/2013 2,619.15 HENNEPIN TECHNICAL COLLEGE 174748 3/12/2013 793.01 HENRY'S WATERWORKS INC 174749 3/12/2013 393.91 HILLYARD / HUTCHINSON 174750 3/12/2013 225.00 HJERPE CONTRACTING 174751 3/12/2013 675.00 HJERPE CONTRACTING 174752 3/12/2013 2,673.00 HJERPE CONTRACTING 174753 3/12/2013 1,465.00 HOLT PETERSON CHARTER BUS 174754 3/12/2013 284.29 HUTCH CAFE 174755 3/12/2013 3,000.00 HUTCHINSON AREA CHAMBER OF COM 174756 3/12/2013 1,457.00 HUTCHINSON AREA HEALTH CARE 174757 3/12/2013 898.00 HUTCHINSON CENTER FOR THE ARTS 174758 3/12/2013 4,689.30 HUTCHINSON CONVENTION & VISITO 174759 3/12/2013 2,000.00 HUTCHINSON JAYCEES 174760 3/12/2013 5,237.76 HUTCHINSON LEADER 174761 3/12/2013 515.10 HUTCHINSON PUBLIC SCHOOLS 174762 3/12/2013 990.00 HUTCHINSON SENIOR ADVISORY BOA 174763 3/12/2013 117,407.40 HUTCHINSON UTILITIES 174764 3/12/2013 735.62 HUTCHINSON WHOLESALE 174765 3/12/2013 148.97 HUTCHINSON, CITY OF 174766 3/12/2013 4,000.00 HUTCHINSON, CITY OF 174767 3/12/2013 675.92 INDUSTRIAL PNEUMATIC SYSTEMS 174768 3/12/2013 713.07 INTERSTATE POWER COMPANIES, 1 174769 3/12/2013 692.23 INTERSTATE BATTERY SYSTEM MINN 174770 3/12/2013 10,526.88 J. P. AUSTIN ASSOCIATES INC 174771 3/12/2013 1,506.04 JACK'S UNIFORMS & EQUIPMENT R PROFESSIONAL SERVICES REPAIR & MAINTENANCE SUPPLIES PROFESSIONAL SERVICES EQUIPMENT PARTS ACCRUED DEFERRED COMP CHEMICALS & PRODUCTS SNOW REMOVAL SNOW REMOVAL RECEIVED NOT VOUCHERED TRAVEL SCHOOL CONFERENCE STREET MAINT.MATERIALS CLEANING SUPPLIES SNOW REMOVAL SNOW REMOVAL CONTRACT REPAIR & MAINTENANCE OTHER CONTRACTUAL OPERATING SUPPLIES BAND CONCERTS COMMON AREA MAINTENANCE REFUNDS & REIMBURSEMENTS LODGING TAX REIMBURSEMENT WATER CARNIVAL CONTRIB ADVERTISING OTHER CONTRACTUAL OTHER CONTRACTUAL UTILITIES AUTOMOTIVE REPAIR UTILITIES MISCELLANEOUS EQUIPMENT PARTS EQUIPMENT PARTS EQUIPMENT PARTS VERMICULITE UNIFORMS & PERSONAL EQUIP 174772 3/12/2013 83.63 JEFF MEEHAN SALES INC. ACCRUED COMMISSIONS PAYABLE 174773 3/12/2013 212.72 JEFF'S ELECTRIC REPAIR & MAINTENANCE SUPPLIES 174774 3/12/2013 874.05 A TAYLOR DIST OF MN COST OF SALES -BEER 174775 3/12/2013 30,050.74 JOHNSON BROTHERS LIQUOR CO. COST OF SALES -WINE 174776 3/12/2013 200.00 JORDAHL, JIM OPERATING SUPPLIES 174777 3/12/2013 825.00 JUUL CONTRACTING CO SNOW REMOVAL 174778 3/12/2013 363.00 KDUZ KARP RADIO ADVERTISING 174779 3/12/2013 225.00 KOSEK, JEFF SNOW REMOVAL 174780 3/12/2013 10.00 KOSKI, COLIN CONTRACT REPAIR & MAINTENANCE 174781 3/12/2013 80.71 KTEE SAFETY GEAR, INC SAFETY SUPPLIES 174782 3/12/2013 784.74 L & P SUPPLY CO CENTRAL GARAGE REPAIR 174783 3/12/2013 500.00 LANDSKAPINGS IMPROV OTHER THAN BLDGS 174784 3/12/2013 48.78 LANG'S MEAT MARKET TRAVEL SCHOOL CONFERENCE 174785 3/12/2013 51,674.50 LEAGUE OF MN CITIES -INS TRUST GENL LIAB.- INSURANCE 174786 3/12/2013 556.00 LIFELINE TRAINING LTD TRAVEL SCHOOL CONFERENCE 174787 3/12/2013 19,464.07 LOCHER BROTHERS INC COST OF SALES -BEER 174788 3/12/2013 42,054.79 LOGIS NETWORK SERVICES 174789 3/12/2013 577.50 MACTEK SYSTEMS INC COMMUNICATION MAINTENANCE 174790 3/12/2013 150.00 MADINA HOSPITALITY GROUP LLC MEETINGS 174791 3/12/2013 240.40 MARRIOTT NORTHWEST TRAVEL SCHOOL CONFERENCE 174792 3/12/2013 315.00 MCLEOD COUNTY COURT ADMINISTRA PROFESSIONAL SERVICES 174793 3/12/2013 500.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 174794 3/12/2013 138.00 MCLEOD COUNTY RECORDER PROFESSIONAL SERVICES 174795 3/12/2013 423.31 MCRAITH, JOHN OPERATING SUPPLIES 174796 3/12/2013 944.46 MENARDS HUTCHINSON REPAIR & MAINTENANCE SUPPLIES 174797 3/12/2013 9,540.59 MES - MIDAM EQUIPMENT 174798 3/12/2013 30.00 MESSAGE MEDIA COMMUNICATIONS 174799 3/12/2013 7,480.00 MINNESOTA DEPT OF HEALTH STATE WATER TESTING FEE 174800 3/12/2013 332.00 MINNESOTA DEPT OF HEALTH LICENSES & TAXES 174801 3/12/2013 6.00 MINNESOTA DEPT OF MOTOR VEHICL MISCELLANEOUS 174802 3/12/2013 160.00 MINNESOTA FIRE SERVICE CERTIF TRAVEL SCHOOL CONFERENCE 174803 3/12/2013 1,167.06 MINNESOTA PETROLEUM SERVICE CONTRACT REPAIR & MAINTENANCE 174804 3/12/2013 390.00 MINNESOTA RURAL WATER ASSN TRAVEL SCHOOL CONFERENCE 174805 3/12/2013 1,985.00 MINNESOTA SPORTS FEDERATION SANCTION FEES Q- 174806 3/12/2013 1,049.00 MINNESOTA STATE HORTICULTURAL RECEIVED NOT VOUCHERED 174807 3/12/2013 3,974.00 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 174808 3/12/2013 2,288.00 MMC CONTRACT REPAIR & MAINTENANCE 174809 3/12/2013 282.15 MN FIAM BOOK SALES TRAVEL SCHOOL CONFERENCE 174810 3/12/2013 62.50 MOXIE MEDIA OFFICE SUPPLIES 174811 3/12/2013 325.00 MPCA - FISCAL SERVICES TRAVEL SCHOOL CONFERENCE 174812 3/12/2013 368.00 NCPERS LIFE INS. ACCRUED LIFE INSURANCE 174813 3/12/2013 364.10 NORTHERN BUSINESS PRODUCTS OPERATING SUPPLIES 174814 3/12/2013 40.00 NTOA DUES & SUBSCRIPTIONS 174815 3/12/2013 4,201.20 NU- TELECOM COMMUNICATIONS 174816 3/12/2013 97.09 OFFICE OF ENTERPRISE TECHNOLOG COMMUNICATIONS 174817 3/12/2013 1,083.56 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR 174818 3/12/2013 108.00 PAFFEL, MARIANNE OTHER REVENUES 174819 3/12/2013 828.10 PAUSTIS & SONS WINE CO COST OF SALES -WINE 174820 3/12/2013 2,294.25 PEAT INC. PEAT 174821 3/12/2013 26,837.76 PHILLIPS WINE & SPIRITS COST OF MIX & SOFT DRINKS 174822 3/12/2013 3,627.00 POWDER RIDGE WINTER REC AREA SKI CLUB TRIPS 174823 3/12/2013 776.65 PREMIER TECH PACKAGING RECEIVED NOT VOUCHERED 174824 3/12/2013 220.93 PRO AUTO & TRANSMISSION REPAIR CENTRAL GARAGE REPAIR 174825 3/12/2013 56.18 PRO -BUILD OPERATING SUPPLIES 174826 3/12/2013 74.81 QUADE ELECTRIC OPERATING SUPPLIES 174827 3/12/2013 73.27 QUILL CORP OFFICE SUPPLIES 174828 3/12/2013 98.00 R & R SPECIALTIES INC CONTRACT REPAIR & MAINTENANCE 174829 3/12/2013 1,491.50 R.J.L. TRANSFER FREIGHT 174830 3/12/2013 50.00 RATHKE, CONNIE OTHER REVENUES 174831 3/12/2013 35.00 REDETZKE, NANCY SR CENTER INSTRUCTIONS 174832 3/12/2013 3,300.00 REINER ENTERPRISES, INC FREIGHT- IN 174833 3/12/2013 134.11 RELIABLE OFFICE SUPPLIES OFFICE SUPPLIES 174834 3/12/2013 1,402.92 RUNNING'S SUPPLY CENTRAL GARAGE REPAIR 174835 3/12/2013 247.95 SALTMAN LLC OPERATING SUPPLIES 174836 3/12/2013 637.19 SAM'S CLUB FOOD PRODUCTS - CONCESSION 174837 3/12/2013 64.13 SCOTT'S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 174838 3/12/2013 16.95 SEBORA, MARC TRAVEL SCHOOL CONFERENCE 174839 3/12/2013 189.74 SEH PROFESSIONAL SERVICES 31 174840 3/12/2013 225.00 SHAW, KAREN PROFESSIONAL SERVICES 174841 3/12/2013 111.85 SHRED -IT USA INC- MINNEAPOLIS CONTRACT REPAIR & MAINTENANCE 174842 3/12/2013 514.53 SOUTH CENTRAL COLLEGE TRAVEL SCHOOL CONFERENCE 174843 3/12/2013 4,900.22 SOUTHERN WINE & SPIRITS OF MN COST OF SALES- LIQUOR 174844 3/12/2013 346.62 SPRINT COMMUNICATIONS 174845 3/12/2013 21.95 STANDARD PRINTING RECEIVED NOT VOUCHERED 174846 3/12/2013 4,115.65 STAPLES ADVANTAGE OFFICE SUPPLIES 174847 3/12/2013 30.00 STEINHAUS, LEONA OTHER REVENUES 174848 3/12/2013 10.00 STOTTS, CASEY TRAVEL SCHOOL CONFERENCE 174849 3/12/2013 373.23 STRATEGIC EQUIPMENT OPERATING SUPPLIES 174850 3/12/2013 41.94 SUBWAY WEST OPERATING SUPPLIES 174851 3/12/2013 281.75 TEETZEL, WILLIAM K CONTRACT REPAIR & MAINTENANCE 174852 3/12/2013 1,458.44 TEK MECHANICAL RECEIVED NOT VOUCHERED 174853 3/12/2013 35.00 THAT SPECIAL TOUCH FLORAL SHOP MISCELLANEOUS 174854 3/12/2013 225.00 TONY FORCIER TRUCKING SNOW REMOVAL 174855 3/12/2013 1,117.99 TOTAL FIRE PROTECTION CONTRACT REPAIR & MAINTENANCE 174856 3/12/2013 54,830.34 TREBELHORN & ASSOC MOTOR FUELS & LUBRICANTS 174857 3/12/2013 165.16 TWIN CITY FILTER SERVICE INC REPAIR & MAINTENANCE SUPPLIES 174858 3/12/2013 862.55 TWIN CITY GARAGE DOOR CO CONTRACT REPAIR & MAINTENANCE 174859 3/12/2013 116.70 TWO WAY COMMUNICATIONS INC CONTRACT REPAIR & MAINTENANCE 174860 3/12/2013 4,328.44 U.S. WATER SERVICES CHEMICALS & PRODUCTS 174861 3/12/2013 1,720.00 UNITED ABSTRACT COMPANY PROFESSIONAL SERVICES 174862 3/12/2013 379.59 UNITED LABORATORIES CHEMICALS & PRODUCTS 174863 3/12/2013 212.15 USA BLUE BOOK OPERATING SUPPLIES 174864 3/12/2013 1,685.59 USPS- HASLER POSTAGE 174865 3/12/2013 61.54 VALLEY SALES OF HUTCHINSON CENTRAL GARAGE REPAIR 174866 3/12/2013 7,143.95 VIKING BEER COST OF SALES -BEER 174867 3/12/2013 276.90 VIKING COCA COLA COST OF MIX & SOFT DRINKS 174868 3/12/2013 1,154.25 VIKING SIGNS & HOPE CENTER EQUIPMENT PARTS 174869 3/12/2013 921.75 VINOCOPIA INC COST OF SALES- LIQUOR 174870 3/12/2013 987.43 WASTE MANAGEMENT OF WI -MN REFUSE - RECYCLING 174871 3/12/2013 38,967.16 WASTE MANAGEMENT OF WI -MN REFUSE - HAULING 174872 3/12/2013 15,106.00 WEBB PALLET RECEIVED NOT VOUCHERED 174873 3/12/2013 7,000.00 WESTAFER ENTERPRISES OTHER CONTRACTUAL v Q� 174874 3/12/2013 3,329.90 WINE COMPANY, THE 174875 3/12/2013 2,961.65 WINE MERCHANTS INC 174876 3/12/2013 12,795.91 WIRTZ BEVERAGE MINNESOTA 174877 3/12/2013 972.00 WORK CONNECTION, THE 174878 3/12/2013 1,064.80 XEROX CORP 872,951.15 Grand Total Payment Instrument Totals Check Total 872,951.15 Total Payments 872,951.15 COST OF SALES -WINE COST OF SALES -WINE COST OF MIX & SOFT DRINKS OTHER CONTRACTUAL COPY MACHINE PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 03/08/2013 Period Ending Date: 03/02/2013 $54,511.82 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $10,499.41 $38,926.22 $2,291.23 MN Department of Revenue State Withholding Tax Public Employee Retirement Association Employee /Employer PERA/DCP Contributions TASC Employee Flex Spending Deductions $10,820.65 TASC Employee Contributions to Heath Savings Account Employer Contributions to Heath Savings Account $525.00 MNDCP Employee Contributions - Deferred Comp $1,340.00 ING Employee Contributions - Deferred Comp $1,230.00 ICMA Retirement Trust Employee Contributions - Deferred Comp $162.89 MN Child Support System Employee Deductions $0.00 MSRS - Health Savings Plan Employee Deductions to Health Savings Plan $120,307.22 Total Electronic Funds Transfer 11 �a� HUTCHINSON CITY COUNCIL Request for Board Action Agenda Item: Public Hearing for TH 15 /CSAH 115 Roundabout (Letting No. 4Project No 13 -04) Department: PW /Eng SECTION Meeting Date: 3/1212013 plete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner aff ❑ LA Public Hearing Time Requested (Minutes): 10 ency N/A Attachments: yes BACKGROUND /EXPLANATION OFAGENDA ITEM: City staff continues to develop the above referenced project in conjunction with MnDOT and McLeod County. Also, two public informational meetings have been administered and no improvement special assessments are proposed relative to this project. At this point, we anticipate the bid letting to be administered in April by Mri Following a brief project overview by City staff and potential public comments, staff will request that the City move forward with the final preparation of project plans/specifications and future advertisement for bids. At this point, we recommend that the attached Resolutions and Publication be approved. BOARD ACTION REQUESTED: Approval of Resolutions 8 Publications Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $28900000 Total City Cost: $289.000.00 Funding Source: Watery &Bonding Remaining Cost: S 0.00 Funding Source: `jla) RESOLUTION NO. 14117 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO.4/PROJECT NO. 13-04 WHEREAS, a resolution of the City Council adopted the 12th day of February 2013, fixed a date fora Council Hearing on the following improvements: TH 15 & CSAH 115 Roundabout; by construction of grading, select granular, aggregate base, curb and gutter, draintile installation, bituminous /concrete surfacing, storm sewer /drainage, water distribution, sanitary sewer, street lighting, sidewalks, trails, landscaping, restoration and appurtenances; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 12th day of February 2013. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Council this 12th day of March 2013. Mayor: Steven W. Cook City Administrator: Jeremy J. Carter RESOLUTION NO. 14118 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 41PROJECT NO. 13 -04 WHEREAS, the Director of Engineering /Public Works has prepared plans and specifications for the following described improvement: TH 15 & CSAH 115 Roundabout; by construction of grading, select granular, aggregate base, curb and gutter, draintile installation, bituminous /concrete surfacing, storm sewer /drainage, water distribution, sanitary sewer, street lighting, sidewalks, trails, landscaping, restoration and appurtenances; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering /Public Works shall prepare and cause to be inserted in the official newspaper, the City of Hutchinson Web -Site and in Finance and Commerce, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Director of Engineering /Public Works until 10:30 am on 2013, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering /Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the Council at 6:00 pm on 2013 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering /Public Works and accompanied by cash deposit, cashiers check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 12th day of March 2013. Mayor: Steven W Cook City Administrator: Jeremy J. Carter HUTCHINSON CITY COUNCIL Request for Board Action 74Z=Pl -7 Agenda Item: Public Hearing for Railroad Depot Site Imp. (Letting No. 8Project No 13 -08) Department: PW/Eng LICENSE SECTION Meeting Date: 3/12/2013 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kee Exner Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 10 License Contingency NIA Attachments: yes BACKGROUND /EXPLANATION OF AGENDA ITEM: City staff continues to develop the above referenced project in conjunction with the EDA and other stakeholders. Also, environmental requirements and grant parameters are currently being reviewed to determine the exact project delivery approach Following a brief project overview by City staff and potential public comments, staff will request that the City move forward with the final preparation of project plans /specifications and future advertisement for bids. The project bid opening date has been scheduled for Wednesday, April 17, 2013. At this point, we recommend that the attached Resolutions and Publication be approved. BOARD ACTION REQUESTED: Approval of Resolutions & Publications Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: 5 727,200.00 Total City Cost: $ 727,200.00 Funding Source: Grant, Water, WW 8 other City funding (CIF) Remaining Cost: S 0.00 Funding Source: p) RESOLUTION NO. 14119 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO.8 /PROJECT NO. 13 -08 WHEREAS, a resolution of the City Council adopted the 12th day of February 2013, fixed a date fora Council Hearing on the following improvements: Railroad Depot Site Improvements; by construction of grading, soil disposal, curb and gutter, draintile installation, bituminous /concrete surfacing, Class 5 aggregate, storm sewer /drainage, water distribution, sanitary sewer, street lighting, sidewalks, trails, landscaping, restoration and appurtenances; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 12th day of February 2013. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Council this 12th day of March 2013. Mayor: Steven W. Cook City Administrator: Jeremy J. Carter RESOLUTION NO. 14120 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 8 1PROJECT NO. 13 -08 WHEREAS, the Director of Engineering /Public Works has prepared plans and specifications forthe following described improvement: Railroad Depot Site Improvements; by construction of grading, soil disposal, curb and gutter, draintile installation, bituminous /concrete surfacing, Class 5 aggregate, storm sewer /drainage, water distribution, sanitary sewer, street lighting, sidewalks, trails, landscaping, restoration and appurtenances, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering/Public Works shall prepare and cause to be inserted in the official newspaper, the City of Hutchinson Web -Site and in Finance and Commerce, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Director of Engineering /Public Works until 10:30 am on Wednesday, April 17th, 2013, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering /Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, May 14th, 2013 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering /Public Works and accompanied by cash deposit, cashiers check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 12th day of March 2013. Mayor: Steven W Cook City Administrator: Jeremy J. Carter HUTCHINSON CITY COUNCIL Request for Board Action Agenda Item: 2012 HRA Year End Report Department: HRA LICENSE SECTION Meeting Date: 3/12/2013 Application Complete N/A Contact: Jean Ward Agenda Item Type: Presenter: Jean Ward Reviewed by Staff ❑ Communications, Requests Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: Power Point Synopsis of 2012 HRA Year End Report BOARD ACTION REQUESTED: For Information Only Fiscal Impact: Funding Source: IImpact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $0.00 Funding Source: 61 (0-) 3/5/2013 Closed out NE Neighborhood $399,200 SCDP Rehab Program Assisted 23 homes (goal of 20 homes) for a tonal project amount of 3614,991.00. (SCDP funds + Other funds) SCDP terms are 0% deferred loans with no payments, forgiven after ten years SCDP loan covers 70% of the repair costs Additional funding awarded from DEED in 2012 to assist 10 homes in two targeted neighborhoods. Applications being taken at City Center or download at www.hutchinsonhra.com 3/5/2013 Minnesota Housing (MHFA) RLP Program . $118,098 for six owner occupied rehab loans was disbursed in 2012 . 0% deferred loan forgiven after 15 years that stresses safety, livability and accessibility for very low Income families . Applications being taken for funding availability this fall. www.hutchinsonhra.com Minnesota Housing Finance Home Improvement Loans • Available city wide • Six Fix Up Fund and CFUF energy loans were originated • CFUF energy loans have a discounted rate of 4% if at least one energy improvement is done • Secured and unsecured loans available • Funding is available First Time Homebuyer Programs . 51,498,711 in funds were committed out of a $1,900,000 2011 CASA Hutchinson Workforce Housing Initiative allocation that expired February 1, 2013. . Current Interest rate is 2.875% for a 30 year term . MHFA has revamped the CASH program and is now called the Start up First Time homebuyer program. Funding is available for down payment and closing cost assistance. 3/5/2013 HRA Purchase /Demolition /New Construction 400 Lynn Road . Foreclosure mitigation project . Partnership with the school construction program - House sold June 2012 . Funding received from MHFA for the prof HRA Acquisition /Rehab /Resale 734 Southview Drive SW . Foreclosure mitigation project . Partnership with school construction program for 2012 -2013 school year 587 Franklin Street SW . Foreclosure Mitigation Project . Wells Fargo demolished the house then donated the lot to the HRA The HRA sold the lot to Habitat for Humanity 3/5/2013 Park Towers Apartments In 2012 installed window treatments in 69 apartments and installed ventilation adapters in all apartments. 119,000 was awarded from Minnesota Housing Finance to replace the second boiler with energy efficient cascade boiler system. First boiler replaced at the end of 2010 resulting In an average energy savings of about $8.000 per year. . Expect a decline of about 5% in HUD fundin for 2013 for operations and capital funds due to sequestration txexureu -tGtit Median Sales Price ti Median Sales Price A Homes for Sale A 3/5/2013 5 3/5/2013 Maxfield Housing Study September 2012 . Projected growth in Hutchinson from 2010 to 2020 is 772 people or 5.4 %. . Household size is declining . Hutchinson population is aging . Baby boomers account for 23 %of the population . Dutmigration of young adults ages 18 -44 ( -255). Housing Trends . Decrease in foreclosures and short sales will help stabilize housing values. . Continued decrease In unemployment rates and future Job growth will help bolster the demand for housing and increase housing values. . The vacancy rates are currently at 5.3% for general occupancy-5.0% is considered 000tlmum to allow for turnover and consumer cholce. . The Maxfield Housing Study completed in September 2012 recommends additional senior housing in the short term with general occupancy to follow when the economy mproves. Questions? . Contact information: Hutchinson HRA . www.hutchlnsonhra.com . For a HRA Rehab /Home Improvement loan application call Judy Flemming at 320 - 234 -4251 or jflemmingk i hutchinsommn us HUTCHINSON CITY COUNCIL -:i _ REQUEST FOR BOARD ACTION Agenda Item: Ordinance No. 13 -0704 - Adopting Section 123 of City Code Pertaining to Food Vendors Department: Legal Contact: Marc Sebora Amount of Time Requested: 10 Presenter /If Different than Contact: BACKGROUND /EXPLANATION OFAGENDA ITEM: Meeting Date: 2/12/2013 Item Type: Minutes Unfinished Business Attachments: yes This ordinance was first reviewed at the January 22, 2013, Council meeting. Based on Council feedback at that meeting, suggested changes have been incorporated into the attached ordinance for a first reading. BOARD ACTION REQUESTED: First reading of Ordinance No. 13 -0704, set second reading and adoption for March 26, 2013. Fiscal Impact: FTE Impact Included in current budget: No PROIECTSECTION: Total Project Cost: Total City Cost: Remaining Cost: Funding Source: Budget Change: No Funding Source: So Funding Source: Additional Financial /FTE Comments: IGfa� ORDINANCE NO. 13-0704 — AN ORDINANCE ADOPTING SECTION 123 OF THE HUTCHINSON CITY CODE PERTAINING TO FOOD VENDORS The City Council hereby ordains: Section 123 —Food Vendors 123.01. Definitions. (A) Mobile food cart: A non - motorized cart from which prepackaged or ready- to-eat foods are sold to the public. (B) Mobile Food Vehicle: A self-contained vehicle or trailer used to prepare and serve food or ice cream novelties that is readily movable without disassembling. 123.02. License required. (A) It is unlawful for any person to engage in the business of selling items from a mobile food cart or food vehicle in the City of Hutchinson without having obtained the proper license therefore except as stated herein. 123.03. Requirements (A) All persons applying for a mobile food cart or food vehicle license shall first have obtained all proper licenses from the State of Minnesota and submit copies of said licenses to the City of Hutchinson for review during license application process. (B) All mobile feed -eerf licensees shall be properly insured naming the City as an additional insured for liability imposed by law arising out of the ownership, maintenance, or operation of such cart or vehicle in amounts of at least $50.000 for the injury or death of one person. $ 100,000 for the injury or death of two or more persons and $10,000 for damage to property. / A .... a e a _ o :le feed earthll have a M .. aine. gene -l.. which is .emend -.. d from vim. (C) (H) All feed-eeet licensees shall have a waste receptacle available to patrons and are responsible for all litter and waste generated by the food cart or food vehicle operation. No tables or chairs are permitted. (D ) (9) All feedearf signage shall be affixed to the food cart or food vehicle only 0 (F) All mobile food carts or food vehicles shall prominently display all relevant state and local licenses and permits. (F) In areas where parking spaces are delineated. no food vehicle shall occupy more than two parking spaces and shall otherwise comply with all parking regulations. 123.04 Restrictions. (A) It is unlawful for any mobile food cart or food vehicle licensee to engage in the following activities: 1.) To operate a-mebile- food -ewt within 100 feet of a restaurant that is open for service without the written consent of the restaurant owner. 2.) To operate a- food -a within 500 feet of any festival, fair or civic event except when authorized to do so by the event sponsor in writine. 3) To operate on public rp opertv or adjacent parking lots where a concession stand is open and operating, 3.) To operate in violation of nuisance statutes or ordinances. 4.) To operate a mobile- feed -eel on any publie fight afway, side public parking lot, public sidewalk or trail orpark. 5) To operate in such a way as to impede normal traffic flow. 6) To permit smoking within 15 feet of the food cart or food vehicle. 7) To overate within five feet of any crosswalk access ramp handicapped parking space or in a manner that would impede access to any adjacent business 8.) To sell or distribute alcoholic beverages. 10.) To disobey any order of the Hutchinson Police Department. 123.04. Violations (A) Violations of any portion of this section are punishable as a misdemeanor and are grounds for the suspension or revocation of the mobile food can license in accordance with section 110.03 of the Hutchinson City Code. Adopted by the City Council this day of 2013. ATTEST: Steven W. Cook, Mayor Jeremy J. Carter, City Administrator HUTCHINSON CITY COUNCIL REQUEST FOR BOARD ACTION 74i Agenda Item: Ordinance No. 13-0705- Amending Chapter 93 of City Code -Animals Department: Legal Meeting Date: 3/12/2013 Contact: Marc Sebora Item Type: Amount of Time Requested: 20 Minutes Unfinished Business Presenter /If Different than Contact: Attachments: yes BACKGROUND /EVI ANATION OF AGENDA ITEM: This ordinance was first reviewed at the January 22, 2013, Council meeting. Based on Council feedback at that meeting, suggested changes have been incorporated into the attached draft for review and discussion. BOARD ACTION REQUESTED: Review and discussion Fiscal Impact: FTE Impact Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Remaining Cost: Funding Source: Budget Change: No Funding Source: $ 0 Funding Source: Additional Financial /FTE Comments: ,ci ORDINANCE NO. 13-0705 — AN ORDINANCE AMENDING CHAPTER 93 OF THE HUTCHINSON CITY CODE — ANIMALS The City Council hereby ordains: General Provisions 93.01 Animal waste; removal required 93.02 Dangerous animals 93.03 Dangerous animal requirements 93.04 Statutory Regulation of Dangerous Dogs Dogs and Cats 93.15 Definitions 93.16 Exceptions; police dogs, service animals 93.17 Animal Limits 93.1844 Running at large prohibited 93.1944 License required 93.204.9 License issuance; fees; tag required 93.2120 Impoundment; notice; release 93.223-1 Seizure by citizen 93.2322 Immobilization of animal 93.2423 Unlawfid acts 93.2524 Summary destruction; grounds 93.2623 Rabies control; bites, quarantine, reporting 93.2726 Animals in heat 93.282-7 Additional grounds for impoundment Animals and Fowl 93.40 Definitions 93.41 Keeping restrictions 93.42 Transport restrictions 93.43 Treatment and housing 93.44 Trespasses prohibited GENERAL PROVISIONS § 93.01 ANIMAL WASTE; REMOVAL REQUIRED. (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. A dog, cat or other animal. OWNER. Any person who harbors, feeds, boards, possesses, keeps or has custody of an animal. (B) Unlawful acts. It is unlawful for any owner to: (1) Suffer or permit an animal to defecate upon public property, or the private property of another, without immediately removing the excrement and disposing of it in a sanitary manner; (2) Suffer or permit an animal to be upon public property, or the private property of another, unless the animal is in the custody of a person of suitable age and discretion having in his or her possession equipment and supplies for excrement removal; or (3) Permit animal excrement to accumulate for a period in excess of seven days on premises occupied by him or her without removal and sanitary disposal. ('89 Code, § 10.08) Penalty, see § 10.99 § 93.02 DANGEROUS ANIMALS (A) Attack by an animal. It shall be unlawful for any person's animal to inflict or attempt to inflict bodily injury to any person or other animal whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on -duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home with criminal intent. (B) Destruction of dangerous animal. The Animal Control Officer shall have the authority to order the destruction of dangerous animals in accordance with the terms established by this chapter. (C) Definitions. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) DANGEROUS ANIMAL. An animal which has: a) Caused bodily injury or disfigurement to any person on public or private property; (b) Engaged in any attack on any person under circumstances which would indicate danger to personal safety; (c) Exhibited unusually aggressive behavior, such as an attack on another animal; (d) Bitten one or more persons on two or more occasions; or (e) Been found to be potentially dangerous and/or the owner has personal knowledge of the same, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. (2) POTENTIALLY DANGEROUS ANIMAL. An animal which has: (a) Bitten a human or a domestic animal on public or private property; (b) When unprovoked, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or (c) Has engaged in unprovoked attacks causing injury or otherwise threatening the safety of humans or domestic animals. (3) PROPER ENCLOSURE. Securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: (a) Have a minimum overall floor size of 32 square feet. (b) Sidewalls shall have a minimum height of five feet and be constructed of 11 -gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be 1' /e -inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in the ground. (c) A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two inches. (d) An entrance /exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (4) UNPROVOKED. The condition in which the animal is not purposely excited, stimulated, agitated or disturbed. (D) Designation as potentially dangerous animal. The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving evidence that the potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic animal as stated in division (C)(2). When an animal is declared potentially dangerous, the Animal Control Officer shall cause one owner of the potentially dangerous animal to be notified in writing that the animal is potentially dangerous. (E) Evidence justifying designation. The Animal Control Officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: (1) That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in division (C)(1). (2) That the animal has been declared potentially dangerous and the animal has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in division (C)(1). (F) Authority to order destruction. The Animal Control Officer, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one or more of the following findings of fact: (1) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or (2) The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. (G) Procedure. The Animal Control Officer, after having determined that an animal is dangerous, may proceed in the following manner: The Animal Control Officer shall cause one owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be given 14 days to appeal this order by requesting a hearing before the City Council for a review of this determination. (1) If no appeal is filed, the Animal Control Officer shall obtain an order or warrant authorizing the seizure and the destruction of the animal from a court of competent jurisdiction, unless the animal is already in custody or the owner consents to the seizure and destruction of the animal. (2) If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the City Council, which shall set a date for hearing not more than three weeks after demand for the hearing. The records of the Animal Control or City Administrator's office shall be admissible for consideration by the Animal Control Officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the City Council shall make an order as it deems proper. The City Council may order that the Animal Control Officer take the animal into custody for destruction, if the animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the Animal Control Officer. If the owner does not immediately make the animal available, the Animal Control Officer shall obtain an order or warrant authorizing the seizure and the destruction of the animal from a court of competent jurisdiction. (3) No person shall harbor an animal after it has been found by to be dangerous and ordered into custody for destruction. (H) Stopping an attack. If any police officer or Animal Control Officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim. (1) Notification of new address. The owner of an animal which has been identified as dangerous or potentially dangerous shall notify the Animal Control Officer in writing if the animal is to be relocated from its current address or given or sold to another person. The notification shall be given in writing at least 14 days prior to the relocation or transfer of ownership. The notification shall include the current owner's name and address, the relocation address, and the name of the new owner, if any. Penalty, see § 10.99 § 93.03 DANGEROUS ANIMAL REQUIREMENTS. (A) Requirements. If the City Council does not order the destruction of an animal that has been declared dangerous, the City Council may, as an alternative, order any or all of the following: (1) That the owner provide and maintain a proper enclosure for the dangerous animal as specified in § 93.02(C)(3); (2) Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property as specified in M.S. § 347.51, as may be amended from time to time; (3) Provide and show proof annually of public liability insurance in the minimum amount of $300,000; (4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six feet in length) and under the physical restraint of a person 16 years of age or older. The muzzle must be of a design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; (5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in M.S. § 347.5 1, as it may be amended from time to time, and shall have a microchip implant as provided by M.S. § 347.151, as it may be amended from time to time; (6) All animals deemed dangerous by the Animal Control Officer shall be registered with the county in which this city is located within 14 days after the date the animal was so deemed and provide satisfactory proof thereof to the Animal Control Officer. (7) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination. (B) Seizure. As authorized by M.S. § 347.54, as it may be amended from time to time, the Animal Control Officer shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within 14 days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court by serving a summons and petition upon the city and filing it with the district court. (C) Reclaiming animals. A dangerous animal seized under division (B), may be reclaimed by the owner of the animal upon payment of impounding and boarding fees and presenting proof to animal control that each of the requirements under division (B), is fulfilled. An animal not reclaimed under this section within 14 days may be disposed of as provided under § 93.02(F), and the owner is liable to the city for costs incurred in confining and impounding the animal. (D) Subsequent offenses. If an owner of an animal has subsequently violated the provisions under § 93.02 with the same animal, the animal must be seized by animal control. The owner may request a hearing as defined in § 93.02(F). If the owner is found to have violated the provisions for which the animal was seized, the Animal Control Officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of § 93.03(C). If the animal is not yet reclaimed by the owner within 14 days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under § 93.02(F) and the owner is liable to the animal control for the costs incurred in confining, impounding and disposing of the animal. DOGS AND CATS § 93.15 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. A dog or cat. DANGEROUS ANIMAL. An animal which has caused damage to property or injury to a person, or which animal, by its actions, exhibits a propensity for causing imminent danger to persons. DOG. Both male and female and includes any animal of the dog kind. OWN. To have a property interest in, or to harbor, feed, board, keep or possess. OWNER A person who owns an animal hereby regulated. ('89 Code, § 10.06) § 93.16 EXCEPTIONS; POLICE DOGS, SERVICE ANIMALS. The provisions of this subchapter shall not apply to the ownership or use of seeing -eye dogs by blind persons, or dogs used in police activities of the city, such as canine corps or tracking dogs used by or with the permission of the Police Department. If the animal owned is a service animal which is capable of being properly identified as from a recognized school for seeingeye, hearing ear, service or guide animals, and the owner is a blind or deaf person, or a person with physical or sensory disabilities, then no license shall be required. ('89 Code, § 10.06) 93.17 Animal Limits. Except for a state licensed humane society, no person household shall This Section shall not be construed to limit the ability of apartment managers landlords town home associations or other representatives of Property owners to impose greater restrictions. Executions: § 93.1847 RUNNING AT LARGE PROHIBITED. It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, to run at large. A person, who owns, harbors, or keeps a dog or cat which runs at large shall be guilty of a misdemeanor. Dogs or cats on a leash and controlled by a reasonable person shall be permitted in streets or on public land unless prohibited with signs reading "Dogs and Cats Prohibited ". Dogs or cats who are under the control and direction of a responsible person so as to he effectively restrained by- eammend -ee by leash or an electronic control device shall be permitted only on private property at the consent of the property owner or in a public area designated as such. deemed to be �ing at large with the pemission of the ewnef tialess it sonihepremisesefthe ('89 Code, § 10.06) Penalty, see § 10.99 § 93.194-8 LICENSE REQUIRED. It is unlawful for the owner license therefore from the � ('89 Code, § 10.06) Penalty, see to fail to obtain a § 93.2044 LICENSE ISSUANCE; FEES; TAG REQUIRED. (A) License issuance, term and renewal. All animal licenses shall be issued only upon presentation of a certificate issued by a veterinarian, licensed to practice veterinary medicine in this state, showing rabies immunization of the animal for at least the term of the license. All animal licenses shall expire on December 31. Application for license renewal, accompanied by a veterinarian's certificate, shall be made at least 30 days prior to expiration of the license. (B) Adoption of fees. All fees for the licensing, impounding and maintenance of animals, including penalties for late application, may be fixed and determined by the Council, adopted by ordinance, and uniformly enforced. The fees may from time to time be amended by the Council by ordinance. A copy of the ordinance setting forth currently effective fees shall be kept on file in the office of the City Administrator and open to inspection during regular business hours. (C) Tag required. All licensed animals shall wear a collar and have a tag firmly affixed thereto evidencing a current license. A duplicate for a lost tag may be issued by the city upon presentation of the receipt showing the payment of the duplicate license fee. Tags shall not be transferable, and no refund shall be made on any license fee because of leaving the city or death of the animal before the expiration of the license. ('89 Code, § 10.06) Penalty, see § 10.99 § 93.2120 IMPOUNDMENT; NOTICE; RELEASE. (A) Animal pound. Any animal found in the city without a license tag, running at large, or otherwise in violation of this subchapter, shall be placed in the animal pound, and an accurate record of the time of placement shall be kept on each animal. Any Animal Control Officer or police officer may impound any dog or other animal found unlicensed or any animal found running at large and shall give notice of the impounding to the owner of the dog or other animal, if known. All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days, unless the animal is a dangerous animal in which case it shall be kept for seven regular business days or the times specified, and except if the animal is a cruelly- treated animal in which case it shall be kept for ten regular business days, unless sooner reclaimed by their owners or keepers as provided by this section. In case the owner or keeper shall desire to reclaim the animal from the pound, the following shall be required, unless otherwise provided for in this code or established from time to time by resolution of the City Council: (1) Payment of the release fee and receipt of a release permit as established by ordinance, as that ordinance may be amended from time to time. (2) Payment of maintenan ce costs, as provided by the pound, per day or any part of day while animal is in the pound; and (3) If a dog is unlicensed, payment of a regular license fee as established by ordinance, as that ordinance may be amended from time to time, and valid certificate of vaccination for rabies and distemper shots is required. (4) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. REGULAR BUSINESS DAY. One during which the pound is open for business to the public for at least four hours between 8:00 a.m. and 7:00 p.m. (5) Impoundment records shall be preserved for at least three six months and shall show: (a) The description of the animal by species, breed, sex, approximate age and other distinguishing traits; (b) The location at which the animal was seized; (c) The date of seizure; (d) The name and address of the person from whom any animal three months of age or over was received; and (e) The name and address of the person to whom any animal three months of age or over was transferred. (6) If unclaimed, the animal shall be humanely destroyed and the carcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of M.S. § 35.71, as it may be amended from time to time. Provided, however, that if a tag affixed to the animal, or a statement by the animal's owner after seizure specifies that the animal should not be used for research, the animal shall not be made available to any of this type of institution but may be destroyed after the expiration of the five -day period. (B) Notice of impounding. Upon the impounding of any animal, the owner shall be notified by the most expedient means. , or if the ownef is urJenewa, wFitten netiee shall be posted f__ five Jays at the City e Hall d. sefibing the animal ....d the . r 1me and time of taking days (C) Release from animal pound. Animals shall be released to their owners, as follows: (1) If the animal is owned by a resident of the city, after purchase of a license, if unlicensed, and payment of the impounding fee, maintenance and immunization fee; or (2) If the animal is owned by a person not a resident of the city, after immunization of the animal for rabies, and payment of the impounding fee and maintenance. ('89 Code, § 10.06) Penalty, see § 10.99 § 93.2224 SEIZURE BY CITIZEN. It is lawful for any person to seize and impound an animal so found running at large and the person shall within six hours thereafter notify the Police Department Feuer of the seizure. It shall be the duty of the Police Department Perter to place the animal in the City Pound. If the name of the owner of the animal so seized is known to the person who first takes the animal into custody, he or she shall inform the Police Department Feu to of the name of the owner, and the address if known. ('89 Code, § 10.06) § 93.2322- IMMOBILIZATION OF ANIMAL. For the purpose of enforcement of this subchapter, any peace officer or person whose duty is animal control may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching an animal. ('89 Code, § 10.06) § 93.2423 UNLAWFUL ACTS. It is unlawful for the owner of any animal to: (A) Fail to have the license tag issued by the city firmly attached to a collar worn at all times by the licensed animal; (B) Interfere with any police officer, or other city employee, in the performance of his or her duty to enforce this subchapter, (C) Dogs disturbing the peace. It shall be unlawful for any person to own, keep, have in possession, or harbor any dog which by frequent and habitual howling, yelping, barking, or otherwise, produce noise that unreasonably disturbs the peace, quiet, or repose of a person or persons of ordinary sensibility, provided that the provisions of this section shall not apply to duly authorized hospitals or clinics conducted for the treatment of small animals. Keep eF hafbeF -a dog whieh habitually baFks or epies. Habitual bmking shall be defined as barking for Fepeaied- :_..._._c_ ,.c_. c...._t r..._ rain ges with less than ,.__ ._o_...e of i_..._.._.:__ The barking must also be audible off of the owners or caretaker's premises. ('89 Code, § 10.06) Penalty, see § 10.99 § 93.2524 SUMMARY DESTRUCTION; GROUNDS. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and that animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to the person attempting to impound, the animal may be destroyed in a humane manner. ('89 Code, § 10.06) § 93.2623 RABIES CONTROL; BITES, QUARANTINE, REPORTING. (A) Rabies control. (1) Every animal which bites a person shall be promptly reported to the Chief of Police or designee Pe aster and shall thereupon be securely quarantined at the direction of the Chief of Police or designee Peumhuester for a period of 14 days, and shall not be released from quarantine except by written permission of the city. In the discretion of the Chief of Police, the quarantine may be on the premises of the owner or at the veterinary hospital of his or her choice. If the animal is quarantined on the premises of the owner, the city shall have access to the animal at any reasonable time for study and observation of rabies symptoms. In the case of a stray animal or in the case of an animal whose ownership is not known, the quarantine shall be at the animal pound, or at the discretion of the Chief of Police the animal may be confined in a veterinary hospital designated by him or her. (2) The owners, upon demand made by the Police Department Peendmaster or by any other city employee empowered by the Council to enforce this subchapter, shall forthwith surrender any animal which has bitten a human, or which is suspected as having been exposed to rabies, for the purpose of supervised quarantine. The expenses of the quarantine shall be home by the owner and the animal may be reclaimed by the owner if adjudged free of rabies upon payment of fees set forth in this subchapter and upon compliance with licensing provisions set forth in this subchapter. (3) When an animal under quarantine and diagnosed as being rabid or suspected by a licensed veterinarian as being rabid dies or is killed, the city shall immediately send the head of the animal and rabies data report to the State Health Department for pathological examination and shall notify all persons concerned of the results of the examination. (4) The city shall issue proclamation and take action when rabies is suspected or exists as is required by Minnesota Statutes. (B) Reports of bite cases. It is the duty of every physician, or other practitioner, to report to the Chief of Police the names and addresses of persons treated for bites inflicted by animals, together with other information as will be helpful in rabies control. (C) Responsibility of veterinarians. It is the duty of every licensed veterinarian to report to the Chief of Police his or her diagnosis of an animal observed by him or her as a rabies suspect. ('89 Code, § 10.06) § 93.2726 ANIMALS IN HEAT. Except for controlled breeding purposes, every female animal in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in a manner so that the female animal cannot come in contact with other animals. ('89 Code, § 10.06) § 93.282-7 ADDITIONAL GROUNDS FOR IMPOUNDMENT. Any animal found without adequate food or water, or any animal kept in a condition endangering the health or safety of the animal, may be impounded by the city, then held pursuant to the terms of this subchapter. ('89 Code, § 10.06) (Ord. 90 -17, passed 3- 13 -90) ANIMALS AND FOWL § 93.40 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMALS. Includes farm animals and all other animals, reptiles and feathered birds or fowl except dogs, cats, gerbils, hamsters and caged household birds. FARM ANIMALS. Cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens, honey bees and mink. ('89 Code, § 10.07) § 93.41 KEEPING RESTRICTIONS. It is unlawful for any person to keep or harbor any animal, not in transit, except: (A) Farm animals kept in that portion of the city zoned for agricultural purposes; (B) Animals kept in a laboratory for scientific or experimental purposes; or (C) Animals kept in an animal hospital or clinic for treatment by a licensed veterinarian. (D) Animals present at events or otherwise kept at the McLeod County Fairground s ('89 Code, § 10.07) Penalty, see § 10.99 § 93.42 TRANSPORT RESTRICTIONS. It is unlawful for any person to transport animals unless they are: (A) Confined within a vehicle, cage or other means of conveyance; (B) Farm animals being transported in the agricultural portion of the city; or (C) Restrained by means of bridles, halters, ropes or other means of individual restraint. ('89 Code, § 10.07) Penalty, see § 10.99 § 93.43 TREATMENT AND HOUSING. (A) Treatment. It is unlawful for any person to treat any animal as herein defined, or any other animal, in a cruel or inhumane manner. (B) Housing. It is unlawful for any person to keep any animal as herein defined, or any other animal, in any structure infested by rodents, vermin, flies or insects, or inadequate for protection against the elements. ('89 Code, § 10.07) Penalty, see § 10.99 § 93.44 TRESPASSES PROHIBITED. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, city park, city email. cemetery, garden or lot without specific permission therefor from the owner. ('89 Code, § 10.07) Penalty, see § 10.99 Adopted by the City Council this day of . 2013. Steven W. Cook, Mayor ATTEST: Jeremy J. Carter, City Administrator HUTCHINSON CITY COUNCIL Request for Board Action Agenda Item: Review of Policy No. 2.04 Department: Administration LICENSE SECTION Meeting Date: 3112/2013 Application Complete N/A Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Atttindaments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: Staff is recommending that Policy No. 2.04 - Subdivisions, New and Existing, and Related Subdivision Agreements - remain as written. No changes are recommended and the policy is before Council for review purposes. BOARD ACTION REQUESTED: Review Policy No 2.04 - Subdivisions, New and Existing, and Related Subdivision Agreements - No action requested. Fiscal Impact: S 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: S0.00 Funding Source: Ilia) Policy No. 2-:06 2.04 CITY OF HUTCHINSON POLICY -CITY SERVICES- SUBDIVISIONS, NEW AND EXISTING, AND RELATED SUBDIVISION AGREEMENTS NO.2-06 2.04 DATE 1988; 1995; 2012 SOURCE All new improvements constructed to serve a new subdivision are required by the subdivision ordinance to be installed and paid by the development. In many cases, the improvements are completed after some of the property has been purchased by individuals. These improvements are assessed, usually, on a per lot basis as set forth in the subdivision agreement. For those agreements that are not set up in that manner, the cost may be assessed on a front foot basis for all improvements except storm sewer, which is done on a square foot basis. Since the total cost is assessed, no credits are available on new subdivisions. All subdivision agreements are required to be recorded by the developer in the office of the county recorder, as required by subdivision ordinance, with a copy returned to the city engineering office for filing. It is the buyer's responsibility to obtain a title search before closing to determine the potential responsibility for future assessments, if any. HUTCHINSON CITY COUNCIL gr Request for Board Action Agenda Item: Policy No. 2.01 - Planning Commission Staff Review Department: Administration LICENSE SECTION Meeting Date: 3/12/2013 Application Complete N/A Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff [—] New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Staff is recommending that Policy No. 2.01 - Planning Commission Staff Review - have some minor revisions incorporated into it. These revisions mainly consist of loosening requirements for submittal of planning commission items. The proposed policy is attached. BOARD ACTION REQUESTED: Approve amendments to Policy No. 2.01 - Planning Commission Staff Review Fiscal Impact: $000 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: l(:bl Policy No. 2,02 2.01 CITY OF HUTCHINSON POLICY -CITY SERVICES- PLANNING COMMISSION STAFF REVIEW NO. 2-02 2.01 DATE 1986: 1995. 2000. 2012 SOURCE ADMINISTRATION Applications for all planning commission items are due ^A^^'h ^•^^ ^a'^^ the meet ^^ according to the schedule established and provided by the Planning and Zoning Department. following Fnwith. Staff review, including the planning director, city engineer, fire chief, PRCE representative(s), building official, planning coordinator, police chief, executive director EDA and HRA, city attorney, building inspector, and utilities representatives will transpire typically be scheduled during the first week of the month of the planning commission meeting. Handing items out at a planning commission meeting or bringing up items not on the agenda is discouraged. HUTCHINSON CITY COUNCIL - Request for Board Action Agenda Item: Consideration for Approval of Abolishing City of Hutchinson Policies Department: Administration LICENSE SECTION Meeting Date: 3112/2013 Application Complete N/A Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Staff is recommending to abolish the following policies from the roster of City policies: 2.01 - Planning Commission Review of Documents - The process outlined in the policy is not common practice for the Planning Commission. 2.07 - Zoning Ordinance - Amendment -The process to amend a zoning ordinance is outlined in Hutchinson City Code Section 154.168 and therefore is not necessary to be encapsulated in a City policy. 2.08 - Zoning Ordinance - Appeal - The process to appeal a zoning ordinance is outlined in Hutchinson City Code Section 154.095 and therefore is not necessary to be encapsulated in a City policy. 2.09 - Planned Unit Development - Planned Development Districts are outlined in Hutchinson City Code Section 154.070 and therefore is not necessary to be encapsulated in a City policy. 2.11 - Conditional Use Permit - The process and procedure for conditional use permits is outlined in detail in Hutchinson City Code Section 154.170 and therefore is not necessary to be encapsulated in a City policy. 2.12 - Variance -The process and procedure for variances is outlined in detail in Hutchinson City Code Section 154.167 and therefore is not necessary to be encapsulated in a City policy. 2.37 - Hutchmobile - The Hutchmobile, which was a public transportation system, is no longer in existence and the City does not offer public transportation under its operation. BOARD ACTION REQUESTED: Approve abolishing City Policies 2.01, 2.07, 2.08, 2.09, 2.11, 2.12 and 2.37. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: S 0.00 Funding Source: ii (C) MIT. �.- .=ion oppilooks"amp . ...... Rllll DOMAIN" N.000" I M Me ME il� i b 0 w i 0 ; AN 404-1-1 ... —1—MM-ppe 1 il� i b 0 - a-- Me Mull =09 Ete" . Ete" . _ _ _ UM MUM Walieffim"a WAR NOW po'. 3-{l. vp CITY OF HUTCHINSON PJ! I r'Y —CITY SERVICES- HUTCHMOBILE USE DATE 1991: updated 1995 SOURCE ADMINISTRATION NO. 2.37 Hutchmobiles have been purchased through a contract with MN Department of Transportation - Transit Administ- ation. State and federal funds pay 80% of the cost of the vehicles, and the city Pays 201. The vehicles are to be operated solely for transportation tO the general public, according to the terms of the ongoing operating assistance contract. Occasional use for city- community leadership purposes is allowed. Free service is provided for people going to the voting polls (general, municipal and special elections) and to the McLeod County Fair. No other use is authorized by the state, except as defined in the operating assistance contract. However, Mn /DOT Transit Administration (through our project manager) has taken the position that it does not want to unduly hinder the work of the city in the event of a bona fide public emergency. Therefore, in a situation where emergency transportation is deemed necessary by the city's emergency management director or police chief, the older "backup" Hutchmobile may be pressed into service if it is not presently needed for the normal schedule of operation. In the event of emergency service, the following procedures will be observeds (a) use of the vehicle must be authorized by the transit coordinator or motor pool supervisor so that keys may be obtained, safe driving condition may be verified, and any cash may be removed from the bus. (b) The driver assigned must have the proper commercial driver's license. (c) The vehicle may not be taken outside the city limits or into situations where there is danger of damage. (d) Beginning and ending mileage must be recorded and the gas tank filled if there is not at least 3/4 tank of fuel remaining at the end of the run. (d) The vehicle must be returned to its assigned parking Place and secured there. Keys must be returned to their designated place so that the vehicle is ready for normal service again. HUTCHINSON CITY COUNCIL J Request for Board Action Agenda Item: Amending Number of Charter Commission Members Department: Legal LICENSE SECTION Meeting Date: 311212013 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OF AGENDA ITEM: In 2000, when the Charter Commission was restored to an active board, the Council appointed 12 members to serve as Commission members. Since that time, the Charter Commission has met annually, and many times have had challenges having a quorum present for meetings. Because of this challenge, the Charter Commission, at its November 29, 2012, meeting, unanimously voted to reduce the number of Charter Commission members to nine. Minnesota Statute 410.05 requires that Charter Commission members have between 7 and 15 members. BOARD ACTION REQUESTED: Approve Resolution No. 14115 Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: 5 0.00 Funding Source: Illd) RESOLUTION NO. 14115 RESOLUTION AMENDING NUMBER OF MEMBERS ON HUTCHINSON CHARTER COMMISSION WHEREAS, on July 25, 2000, the City Council of Hutchinson took action filling vacancies on the Hutchinson Charter Commission, and; WHEREAS, as part of that action, the City Council appointed 12 members to serve on the Hutchinson Charter Commission, and; WHEREAS, Minnesota Statute 410.05, Subd. 1 requires that Charter Commissions be composed of not less than seven nor more than fifteen members, WHEREAS, due to challenges over the years of having a quorum present at Charter Commission meetings, the Hutchinson Charter Commission, on November 29, 2012, voted to recommend to the Council that the number of Charter Commission positions be reduced to nine, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: THAT the number of members comprising the Hutchinson Charter Commission shall be reduced from twelve members to nine members. Adopted by the City Council this 12'" day of March, 2013. Steven W. Cook Mayor ATTEST: Jeremy Carter City Administrator HUTCHINSON CITY COUNCIL Request for Board Action Agenda Item: Resolution in Support of Preservation of Tax Exempt Financing. Department: Administration LICENSE SECTION Meeting Date: 3/12/2013 Application Complete N/A Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Like many cities, Hutchinson funds many of its capital improvements by selling taxexempt bonds. Currently, these municipal bonds provide their purchasers with tax free income. As a tradeoff to the tax free income earned on these bonds by investors, the bonds pay a lower interest rate than other investments which reduces the borrowing vests of the city. The United States Congress is considering eliminating the tax exemption for these bonds as a means of raising revenue for the federal government. However, the loss of this tax exemption would make municipal bonds a less attractive investment when compared to other investment products and, in order be competitive with other investments, cities would be forced to increase the interest rate they pay on bonds issued to offset this tax liability. This then increases the cost of borrowing for cities which in turn becomes an extra expense for City taxpayers. In addition, Hutchinson Utilities Commission at their February board meeting approved supporting the City's efforts in approving a resolution preserving Tax Exempt Financing. The attached resolution is in support of keeping municipal bonds tax exempt and if approved by the Council will be forwarded to our members of Congress. BOARD ACTION REQUESTED: Approve the resolution. Fiscal Impact: S0.00 Funding Source: rya FIT Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $0.00 Funding Source: (e� Resolution No. 14121 Resolution of Hutchinson City Council In Support of the Preservation of Tax Exempt Financing Whereas, municipal bonds are the means by which local governments finance the critical infrastructure of the nation, including roads, bridges, hospitals, schools, wastewater facilities, water systems and electric and gas utility systems; and Whereas, under current law the owners of municipal bonds are not required to pay federal income tax on the interest income they receive from the bonds; and Whereas, exempting municipal bond interest results in lower capital costs to local governments, which is key in enabling them to make timely investments in critical infrastructure; and Whereas, municipal bonds are a sound, time - tested financing tool that provide a natural test of project viability, as issuers must convince investors to purchase the bonds for feasible projects that will realize a return on investment ; and Whereas, this tax exemption is part of a more than a century-long system of reciprocal immunity under which owners of federal bonds are not required to pay state and local income tax on the interest they receive from those bonds; and Whereas, the precept that one level of government should not tax another was set out by this nation's founders and has been embodied in statute since enactment of the first federal income Tax Code in 1913; and Whereas, Congress and the President are considering proposals to eliminate or alter the federal tax exemption of interest on municipal bonds; and Whereas, the capital cost of building new municipal infrastructure has increased greatly since the last major revision to the federal income Tax Code in 1986. One of the major drivers in the increased capital costs is the cost of compliance with a broad matrix of increasingly stringent federal regulations; and Whereas, in prior years cities could often obtain grants to cover as much as ninety percent of the capital cost of developing new infrastructure such as water and wastewater treatment facilities; and Whereas, cities today must typically bear the full capital cost of developing these expensive new facilities; and Whereas, eliminating the tax exemption on municipal bonds would increase borrowing cost and make it more difficult and, in some cases, impossible for cities to provide vital repairs and improvements to essential infrastructure; Now, Therefore, Be It Resolved, that the City Council of the City of Hutchinson, opposes any effort to eliminate or limit the federal tax exemption on interest earned from municipal bonds. Adopted by the City Council this 12'h day of March 2013. ATTEST: Steven W. Cook, Mayor Jeremy J. Carter, City Administrator 3 Winter Recreation in Full Swing To: The Resident's of the Hutchinson Fire District, Council, and Visitors to this site From: Brad Emans, Fire Chief Date: 03/01/2013 This is the official monthly report on the various activities of the Hutchinson Fire Department for February 2013. Fire Department Response: The Fire Department responded to 34 emergency calls for service in the month of February. "Fire Officer Only" Response: A "fire officer off' responded to 14 calls in February saving the Hutchinson Fire District the cost of a "general" alarm estimated at $2,548.00 for the month. Response Time (First Truck "Out of the Door "): February — 3 minutes 30 seconds. Example of a Few of the Calls your FD responded to: • A fire officer responded to a complaint that a person was burning their garbage in a barrel with -in the city limits. The home owner was reminded that burning barrels are not allowed in the city limits and then required him to extinguish the fire; • A fire officer responded to a call of a possible CO /Natural gas leak. Upon arrival the property owner indicated that they had been feeling sick for the past three days. The fire officer discovered that a vent -less natural gas heater had just been installed in the garage and was giving off some CO and also had a natural gas leak due to improper installation. The unit was turned off and the garage ventilated; • Firefighters responded to a possible residential structure fire in the southwest part of the city when the property owner indicated that the basement in the home was filled with smoke. Firefighters checked the entire home with the TIC and 1 1200 determined that the fireplace damper was more than likely closed when a fire was started in the fireplace; Firefighters responded to a commercial water flow alarm in the central part of the city. Firefighters discovered that a sprinkler head had froze and was flooding the mechanical room. Firefighters stopped the water flow, and drained the system. Type of the Calls for the Month: City Type of Call Number Residential 2 Commercial /Industrial 5 Mufti- Family_ 0 School 0 Grass 0 — Medical CO 5 2 Rescue 1 Haz- Mat Leak/Spill _ 8 Vehicle _Sky-Wam 0 Farm Building 10 Mutual Aid 0 Total 23 Structure Fires Arson +1 i 0 Rural of Call Number -Type Residential 0 Commercial / Industrial 0 School 0 Farm Building 0 Grass 0 Medical 8 CO 0 Rescue 2 Haz -Mat Leak/Spill 1 Vehicle 0 Mutual Aid 0 Total Structure Fires Arson • Page 2 Training: Firefighters Trained on the Following Topics /Equipment: • Firefighters spent one two hour training session checking over trucks, pumps, batteries, small engines, and small tools now that 50% of the winter season over; • Firefighters trained on winter rescue techniques including stabilizing, back boarding, and transporting injured people off the traditional roadways; • Firefighters trained on new search and rescue techniques using the TIC (thermal imaging camera) to speed up the search process dramatically and to keep track of the firefighters involved in the search; • Firefighters did actual winter rescue including determining what depth of snow the six - wheeler could successfully travel through and actual back boarding of a victim in snow; • Firefighters trained on the FD response system by using our objective based truck and task orientated seat assignments. This year an additional firefighter safety element was added by the setting a rescue ladder on all two stories and above structures. Fire Prevention / Public Relations / Other Information: • The FD conducted the annual meeting with the rural fire district. The FD has eight townships and two cities (180 square miles) under contract and annually discusses FD activities, goals achieved, 2013 goals /objectives, 2012 expenses, and finally sets a 2013 budget with the rural district. This year the rural district also approved a research and development project of combining the function of two fire trucks into just one. This project, if approved will reduce the fleet by one additional vehicle; fleet reduction is also a goal of the city; • The FD provided 1st aid and rescue services for the annual two day Ice Races at Gopher Camp Fire; • The FD participated in the high school wrestlers escort to state competition; • The FD participated in the "Showstoppers" dance line escort to state competition. Measurements: 1. Number of calls that required more than one engine, and four firefighters in February: 7 2. Number of Calls that required investigation in February: 2 3. Estimated dollars "saved" in property (building and contents) by the fire department response for the month of February: $365K 4. Estimated dollars `lost' in property (building and contents) to fire in February: $0 • Page 3 MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, January 30, 2013 Call to order — 3:00 p.m. President Bordson called the meeting to order. Members present: President Dwight Bordson; Vice President Craig Lenz; Secretary Leon Johnson; Commissioner Anthony Hanson; Commissioner Monty Morrow; Attorney Marc Sebora; General Manager Michael Kumm. Guest: Don Grant (MMUA) 1. Commission Reorganization President Bordson called for a Commission reorganization. A motion was made by Secretary Johnson seconded by Vice President Lenz to elect Dwight Bordson to the position of president. Motion was unanimously carried. A motion was made by Vice President Lenz, seconded by Commissioner Morrow to elect Leon Johnson to the position of vice president. Motion was unanimously carried. A motion was made by President Bordson, seconded by Secretary Johnson to appoint Monty Morrow as secretary. Motion was unanimously carried. A motion was made by President Bordson, seconded by Commissioner Hanson to appoint Marc Sebora as legal counsel. Motion was unanimously carried. A motion was made by President Bordson, seconded by Vice President Lenz to appoint Kim Koski as recording secretary. Motion was unanimously carried. A motion was made by Commissioner Morrow, seconded by Secretary Johnson, to designate Citizens Bank & Trust, Wells Fargo and Home State Bank as depository for utility funds. Commissioner Hanson abstained from voting because of a conflict of interest. Motion was unanimously carried. 2. Approve Minutes of January 2, 2013 (December Regular Meeting) and January 15, 2013 Special Meeting The minutes of the January 2, 2013 regular and January 15, 2013 special meetings were reviewed. A motion was made by Vice President Lenz, seconded by Commissioner Hanson, to approve the minutes. Motion was unanimously carried. 1 Guest: Don Grant, MMUA — HUC Safety Program Don Grant, MMUA safety coordinator gave an overview of HUC's current safety program and handed out the safety training topics for 2013. Mr. Grant has been the safety coordinator for HUC since 2008. 1 Ike) 4. Ratify Payment of Bills for December 2012 The December 2012 payables were discussed. A motion was made by Vice President Lenz, seconded by Commissioner Hanson to ratify the payment of bills in the amount of $3,649,401.71. (detailed listing in payables book). Motion was unanimously carried. 5. Approve Financial Statements /Budget Year to Date GM Kumm presented the December 2012 financial statements/budget year -to- date. After discussion, a motion was made by Vice President Lenz, seconded by Secretary Johnson to approve the financial statements /budget year -to -date. Motion was unanimously carried. 6. Approve Boiler and Machinery Insurance Jared Martig presented the boiler and machinery insurance quotes. Out of four companies, one provided a quote. The Board requested Jared investigate why the other three companies did not provide a quote along with discovering what insurance company Glencoe contracts with and report back to the Board at the February or March regular commission meeting. After discussion, a motion was made by Secretary Johnson, seconded by Vice President Lenz to approve the boiler and machinery insurance quote not to exceed $66,640. (Insurance quote attached.) 7. Approve 2012 Industrial Rebate GM Kumm presented the 2012 industrial rebate. After discussion, a motion was made by Vice President Lenz, seconded by Commissioner Hanson to approve the 2012 industrial rebate of $40,000. Secretary Johnson abstained from voting because of a conflict of interest. Motion was unanimously carried. (Rebate attached.) 8. Policy Review — CIP Rebate Level of Authority GM Kumm presented the CIP rebate level of authority. This is part of HUC's policy review process. No changes were recommended. 9. Approve Changes to Service Beyond City Limits of Hutchinson GM Kumm presented the changes to Service Beyond City Limits of Hutchinson policy. The sentence, "HUC is under no obligation to extend natural gas service beyond the city limits of Hutchinson, MN." was added to section 2. (A) Application. A motion was made by Commissioner Hanson, seconded by Commissioner Morrow to approve changes to Service Beyond City Limits of Hutchinson. Motion was unanimously carried. (Changes attached.) 10. Approve HTI Natural Gas Transportation Agreement John Webster presented the HTI natural gas transportation agreement. After discussion, a motion was made by Commissioner Morrow, seconded by Vice President Lenz to approve the HTI natural gas transportation agreement. President Bordson abstained from voting because of a conflict of interest. Motion was unanimously carried. (HTI transportation agreement attached.) 2 11. Approve Changes to Policies and Requirements Booklet GM Kumm presented changes to the policies and requirements booklet, sections: • Minnesota Government Data Practices Act & Public Records Request • Electric Service Requirements & Charges • Temporary Service - Electric Staff recommended adding verbiage to section electric service requirements and charges located under new multi - family dwelling, commercial, or industrial. The added verbiage reads: "For any services that require current transformer metering, the customer will be responsible to install the conductor from metering cabinet to the transformer." No changes were recommended for sections Minnesota government data practices act & public records request; and temporary service — electric. A motion was made by Secretary Johnson, seconded by Commissioner Hanson to approve the changes to the policies and requirements booklet, section electric service requirements and charges. Motion was unanimously carried. (Changes attached.) 12. Approve Changes to Exempt and Non - Exempt Handbooks GM Kumm presented changes to the exempt and non - exempt handbooks, sections: • Employment of Relatives • Membership /Dues /Conventions (Exempt Only) • Personnel Records Access and Data Privacy Staff recommended changes to sections: employment of relatives and membership /dues /conventions (exempt only). After discussion, the section employment of relatives was tabled until the next regular meeting. The Board requested Jan Sifferath research replacement verbiage for "No two members of an immediate family may work within the same Utilities department." Recommended changes to membership /dues /conventions (exempt only) were for clean -up purposes only. No changes were recommended for section personnel records access and data privacy. A motion was made by Commissioner Hanson, seconded by Commissioner Morrow to approve the changes to the exempt and non - exempt handbooks, section: membership /dues /conventions (exempt only). Motion was unanimously carried. (Changes attached.) 13. Discuss PILOT Workshop — Set February Date Discussion held regarding setting a date for the next PILOT workshop. a. Any Added PILOT Discussion from January 15 Workshop? Discussion held on what the Board would like to see presented in the future PILOT workshops with proposed solutions being presented in the final PILOT workshop by March or April. 3 14. Communication from the City Administrator City Administrator Carter was absent. 15. Division Reports Finance — Jared Martig • Auditors at HUC this week. • Finalizing financials within a couple weeks. Natural Gas — John Webster • Purchased natural gas this past week for November 2013 through October 2022 at a fixed price of $5.30. HUC now has three 9 -year deals. • Received information from American Public Gas Association to help with benchmarking. • Met with GM Kumm and the City of Brownton last week to discuss the possibility of HUC operating and maintaining a natural gas pipeline for City of Brownton. Electric — Steve Lancaster • Received over 30 applications for plant electrician position. • Unit 5 has run 77 hours; conducting periodic maintenance. Business — Jan Sifferath • Received 2012 parallel generation report. • Finalizing 2012 total disconnects report. • New welder serviceperson, Jon Helmbrecht, started at HUC. GM Kumm presented information regarding the preservation of tax exempt financing. The Board will review the information to support the City of Hutchinson passing a resolution regarding the preservation and discuss at February's regular commission meeting. GM Kumm presented rate comparisons for years 2006 -2012 for both the natural gas and electric utilities which indicate how flat HUC's rates have been over the last eight years. This shows the effectiveness of HUC's strategies in keeping rates stable. 16. Legal Update Nothing to report 13 Unfinished Business • Update from City Attorney on Patent for the Real -Time Auto - Suggestion for Nodal Delivery in Energy Networks Attorney Sebora reported a draft patent application will be available by Mr. Fairbairn by February 15 for GM Kumm's review. • Discussion Regarding Pre -Pay for Natural Gas GM Kumm reported no update. • Discuss Credit Card Payments Jan Sifferath is continuing to work with LOGIS to implement a utility interchange agreement for HUC which will result in a substantial decrease in credit card processing fees. • Discuss Criteria for New Commissioner Candidates Attorney Sebora reported he was unable to contact Hutchinson Hospital to gather matrix information for the Board to review in regard to developing criteria for future commissioner candidates. New Business There being no further business, a motion was made by Vice President Lenz, seconded by Commissioner Hanson to adjourn the meeting at 4:56 p.m. Motion was unanimously carried. ATTEST: Dwight Bordson, President 5 Monty Morrow, Secretary Hutchinson Public Library Board Minutes Monday January 28, 2013 Present: Guy Stone, Roger Vacek, Jon Ross, Stacey Nass, Dianne Wanzek, Abby Dahlquist, Mary Christensen and Mary Henke, Ex- Officio. Guy Stone called the meeting to order. The minutes from the last meeting were read. Mary Christensen made a motion that the minutes be approved and Roger Vacek seconded the motion. Motion passed. Roger gave a brief report on the January 17, 2013 PLS Board meeting. The budget for 2013 was passed. McLeod County will be giving our library the same funds as last year and the city of Hutchinson will be giving the library a 3% increase in funding. The Confidentiality Policy & the Patron Code Policy were reworded for further clarification. Roger also reported that there is a big demand for more eBooks. Patrons are now able to access about 100 magazine choices through the Pioneerland Website and using a Zinio Reader online. Roger has been named the new Treasurer for the Pioneerland Board. Old Business: 1. Roof Replacement. The roof repair project was completed but ran behind schedule because of weather. 2. Legacy program. Mary reported on the November program by the Photography Club. About 25 people, including board members, attended the program. We took a look at the evaluations and the attendees gave the program rave reviews. 3. Library Website. Mary told us that PLS will provide templates for each library to have its own website so patrons can get updates on events, etc. that could be updated by library personnel. We could also look into using social media platforms such as Facebook, Twitter, etc. to get the word out to patrons on library activities. 4. Bev Wangerin's gift. Mary attended the open house at the golf course in honor of Bev Wangerin's retirement from the McLeod County Board. She presented her with our library board's gift of a copy Doug Ohman's Libraries of Minnesota book. New Business: 1.Meet the Author program. Mary presented to us a list of suggestions for an author visit during National Library Week, April 15- 20.Some suggestions were: Julie Kramer, Joe Soucheray, Larry Millet, Tim O'Brien, Heidi Haagerson, Greg Aamot. After some discussion we decided to pursue Julie Kramer, a mystery writer from MN who has a Hutchinson connection. Mary will try to book her for April 15°i with the 16'h as a backup date. 2. Legacy Funds. We were told that Legacy funds and requests are currently on hold pending legislative action. 3. Term Expirations. Board members, Guy Stone & Abby Dahlquist, terms on the board will expire in April. Members are asked to start looking for possible replacement suggestions. 4. EBooks Workshop. Mary told us about an ebook workshop done at the Senior Center on January 24, 2013. She was assisted by library volunteer Kurt Dahlquist and board member Roger Vacek teaching seniors how to check out books from the Overdrive website and loading the books onto their numerous reading devices. Roger Vacek made a motion that the meeting be adjourned. Jon Ross seconded the motion. Meeting adjourned. Our next meeting will be February 25, 2012. Submitted by Abby Dahlquist, Secretary i'7�L) Hutchinson Housing 8 Redevelopment Authonty Regular Board Meeting Tuesday, January 15, 2013, 7:00 AM Minutes 1. CALL TO ORDER: Chairman Becky Felling called the meeting to order. Members Present: Gary Forcier, LaVonne Hansen, and LouAnn Holmquist. Stab Present: Jean Ward and Judy Flemming. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON DECEMBER I8, 2012 LaVora a Hansen moved to approve the Minutes of the regular !ward meeting as written. LuuAnn Holmquist seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. LouArm Holmquist moved to approve the City Center General Fund payments of $6,069.87 for checks 8213 to 8220 and consideration of December 2012 City Center Financial Statements before year end accruals. LaVonne Hansen seconded and the motion carried unanimously. It. LaVonne Hansen moved to approve the Park Towers payments of $25,134.55 for checks 12237 to 12267 and consideration of Park Towers November 30, 2012 Financial Statements. LouAnn Holmquist seconded and the motion carried unanimously. 4. PARK TOWERS UPDATE a. 2012 Occupancy Report: 99% at year end b. Jean Ward reviewed the letter regarding HUD's on -site visit. At HUD recommendation, "senior friendly" will be removed from the marketing materials and replaced instead with our local preferences of 55+ and disabled. Currently Park Towers has five handicapped accessible units; HUD has indicated that six handicapped accessible units are needed. The five year capital fund plan will show remodeling a regular unit into an additional handicapped accessible unit. c. FYI: Revised Brochure 5. CONSIDERATION OF RESOLUTION 2013 -1 ADOPTING 2013 CITY OF HUTCHINSON COMPENSATION PLAN LouAnn Holmquist moved to approve Resolution 2013 -1 adopting 2013 City of Hutchinson compensation plan. LaVonne Hansen seconded and the motion carried unanimously. 6. 734 SOUTHVIEW DRIVE UPDATE Jean Ward reviewed with the Board the market analysis prepared by Cheryl Dooley of Hometown Realty and the proposed purchase price of 5119,000. LuuAnn Holmquist moved to execute the listing agreement with the proposed purchase price of $119,000. LaVonne Hansen seconded and the motion tamed unanimously. 7. SCDP GRANT CDAP -09- 0077- 0-FY10 CLOSEOUT REPORT a. Judy Flemming reviewed with the Board the closeout statistics. b. The Board discussed how they wanted to handle situations where homeowners that received SCDP funding are not living in the home any longer and repayment of the loan is triggered. Jean is going to talk to City Attorney, Marc Sebora to discuss the options. January 15, 2013 Minutes .' lbage l .0�2,�� /�....s 8. FORECLOSURE REPORT Ended the year with 45 foreclosures, which is similar to the foreclosures in 2007- 9. ADJOURNMENT There being no other business, Chairman Becky Felling declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director LaVonne Hansen, Secretary /Treasurer lauuaq IS, 2013 Minutes Page 2 of 2 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, January 15, 2013 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members present: Raymond Norton, Christie Hantge, Bill Arndt, Jim Fahey, Dave Johnston and Chairman Lofdahl. Absent: Dean Kirchoff Also present: Dan Jochum, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated November 20, 2012. Mr. Arndt moved to approve the consent agenda as submitted. Seconded by Mr. Norton. The consent agenda was approved unanimously. 4. PUBLIC HEARINGS a) CONSIDERATION OF A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT TO REBUILD THE MCDONALD'S RESTAURANT WITH DRIVE THRU ON THE EXISTING LOT AT 1098 HWY 15 S Chairman Lofdahl opened the hearing at 5:32 p.m. with the reading of publication #7963 as published in the Hutchinson Leader on January 2, 2013. Mr. Jochum explained the applicant is requesting a site plan review for demolition and construction of a new McDonald's Restaurant on existing lot at 1098 Hwy 15 S. The conditional use permit is to approve the new drive -thru with second order point. He reported the proposed building plans meet the required setbacks. Green space is proposed through -out the development with different types of grasses and trees. The landscaping proposed meets the ordinance. He stated the proposed parking meets the City's parking requirement for this use. Lighting must be indirect and shall not produce glare on adjacent properties or public right of ways. Sign permits will be required prior to installation of the signage and must meet ordinance requirements. Following the final construction plan submittal and City review, SWPP comments and approval by the City Environmental Specialist must be addressed. Mr. Jochum commented on the history of the McDonalds site. He reported in 1986, a permit was approved for a curb opening on Century Ave. after the Subdivision Agreement was amended by the City council in 1985. The only stipulation was that the access would be an "entrance only' drive. A permit was granted for a drive -thru window in 1987. In September, 2010, a conditional use permit and site plan review was approved for a second order point for the drive -thru. He stated the access drive off Century Ave. must be limited to a 20' width. He commented on the entrances and exits throughout the site. He noted vehicle stacking needs to be 80'. He stated the proposal looks good for stacking. He explained the entrance off Century is in close proximity to Hwy 15 and needs to be an entrance only for safety. Adam Jerstad, McDonalds USA, LLC, stated they have no issues with the 20' wide entrance. 1,1y,) Minutes Planning Commission — January 15, 2013 Page 2 Mr. Fahey commented on his concern with the smaller radius at the street for larger vehicles and trailers. Mr. Exner reported the right turn radius could be broadened. There was discussion on the fact larger vehicles can use the west entrance. Mr. Jochum commented on the following recommendations: 1. The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. The proposed building and site improvements shall comply with the standards of the C -4 district and the Zoning Ordinance. 3. The driveway opening off Century Ave must be an entrance only per the 1985 amended subdivision agreement. 4. There must be emergency service access around the building. Fire hydrants must be located no farther than 400 feet from the building. 5. Exterior lighting must be indirect and shall not cause glare to adjacent properties. 6. Exterior refuse collection area must be fully screened. 7. Final landscape plan information must be provided to the City Arborist for final review. One tree is required for each 800 square feet of green space. 8. Any signage for the use will require a sign permit. 9. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. 10. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. It was noted wording should be added to number 3, "and limited to 20 feet in width ". Mr. Johnston made a motion to close the hearing. Seconded by Mr. Arndt, the hearing closed at 5:45 p.m. Mr. Johnston made a motion to recommend approval of the request with staff recommendations to change #3 to 20' in width and modify radius if needed. Seconded by Mr. Fahey, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held January 22, 2013, in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS a) DISCUSSION OF A 2013 PLANNING COMMISSION WORK PROGRAM Mr. Jochum explained the topics that are listed are items that have been discussed in Hutchinson as possibly needing to be addressed or they are topics that other communities similar to Hutchinson have been dealing with over the recent past. He asked the Planning Commissioners to give staff an indication which of the following items should be the focus in 2013 and he listed the items which are: Adoption of Comprehensive Plan, Sign Ordinance Review and Possible Amendments, Interim Use Ordinance Development, Parking Ordinance Review and Discussion, Garage Size Limits, Limit on the number of garage sales per year, Tube Truss/ Hoop Building Issues and Solar Amendments. He asked the commissioners if there were other topics that Staff should be including on this list. Mr. Norton commented on limiting the duration of garage sales. Mr. Jochum commented on the difficulty in limiting garage sales. He stated they are difficult to track. He explained the Minutes Planning Commission - January 15, 2013 Page 3 Tube/Truss hoop building Ordinance is unclear to what a hoop building is. He noted it would be beneficial to clarify the ordinance as to what is allowed or not. John Paulson, Regulatory Specialist, commented on solar amendments. He stated there is a Solar challenge which began in 2012. There is a State grant to put an amendment in place to make it easier to use solar energy. He noted the current ordinance does not touch on solar energy. He reported the City should investigate the possibility of an ordinance. Mr. Jochum explained staff would like Planning Commission feedback on the level of regulation in Hutchinson. Mr. Paulson reported the US Dept of energy have resources that can be used. Mr. Jochum explained we should be focusing on an ordinance to regulate types of solar ordinances. Discussion followed on the need to proceed with the concept. There was further discussion on geothermal which as Mr. Paulson explained is with the wells ordinances. Mr. Jochum asked for feedback on the other items. He asked for half the list to tackle this year. It was suggested to look at: Adopting the Comp plan, the Sign Ordinance, Garage size, Garage sales and Solar Amendments. Discussion followed on the parking ordinance. 6. OLD BUSINESS COMMUNICATION FROM STAFF a) Mr. Jochum updated the Commissioners on the housing analysis available. He explained the study reports the City looks good for new single family housing. The study shows a demand for senior housing and attached apartment buildings. He reported there is much information on demographics of Hutchinson. This study is important for completion of the comprehensive plan. 8. ADJOURNMENT There being no further business motion by Mr. Johnston, second by Mr. Arndt, the meeting adjourned at 6:10 p.m. MINUTES Parks, Recreation & Community Education Advisory Board February 3, 2013 Members present were Jay Bartholomew, Elizabeth Hanninen, Mary Christensen, Lori Homick- Lindell, Troy Scotting, Betsy Czmowski, and Eric Opland. Also present were Mary Haugen, Sara Witte, Mike Babe, John McRaith, Sharon Armstrong, Kelly Schmitt, September Jacobsen, and Karen McKay. The meeting was called to order at 5:15 pm. A motion was made by Mary Christensen and seconded by Jay Bartholomew to approve the minutes dated December 3, 2012. The board unanimously agreed. NEW BUSINESS — ANNUAL REPORTS Recreation: John McRaith, Recreation Services Coordinator • Profit margin on concessions in 2012 was 15 %. The goal was 25 %. • A cash register will be used in the future at the concession stands to aid in inventory control. • A new vendor for screen printing has been contracted at no extra cost for set -up. The previous vendor moved out -of state. • Volunteer coaches will be required to complete online concussion training. After passing the test, a certificate will be issued and their child's participant fees will be waived. The certificate is valid for three years. • The feasibility of a web -based registration process will be explored in 2013. • Recreation participation among adults has dropped significantly in the last 10 years while youth participation has remained about the same. • Balancing the recreation budget is a goal for 2013. Community Education: Sharon Armstrong, Program Coordinator • After school and weekend activities in the four public school buildings are booked through the Community Education office. Sharon is exploring the possibility of obtaining a web -based facility scheduler program. • There are 240 people who began the GED /ABE program over the years but have not completed the testing process. Efforts are going to be made in 2013 to contact and encourage them to complete this. • Crow River Area Youth Orchestra (CRAYO) would like to increase their membership in 2013. • Early Childhood Family Education (ECFE) would like to maintain their membership numbers in 2013. • Since taking over Middle School sports nine years ago, participation has increased. Participation fees increased $5 over the previous year to offset increasing costs. 11-ck) PRCE Advisory Board February 3, 2013 Page two Parks: Sara Witte, Parks Supervisor • Repairs, repainting, replacement, removal etc. were completed on the playground equipment and shelters in the city parks. • 2000 plantings were added to Millers Woods entrance with a 3M environmental grant. • The Harrington - Merrill property was cleaned up. • The bandshell canopy in West River Park will be completed in 2013. • There will be continued safety additions to playground equipment in 2013. • Signs will be added in 2013 in city parks to identify plants. • The Kiwanis shelter will be resided in 2013. Parks/Forestry: Mike Bahe, Natural Resource Coordinator • 132 energy trees were planted on private property in 2012. The costs of this planting project were paid for by funds from Hutchinson Utilities. • The annual Arbor Day celebration was held with 3`d graders and a 3M planting. • The tree board was reorganized in 2012. In 2013, with a DNR grant, 133 boulevard trees will be planted on parkland and school properties. • Mature Burr Oak trees in the community may be inoculated for blight in 2013. • Efforts will be made in 2013 to be proactive in the fight against the Emerald Ash Borer with the removal of some boulevard trees on Craig Avenue SW. Event Center /Senior Center: September Jacobsen, Event Center Coordinator • Adaptive Recreation for mentally and physically handicapped individuals meets weekly September through May. • Senior activities included tours, dances, exercise, cards, bingo, and special events. Beginning in 2013, the senior center will be open again on Fridays. • The Event Center has been open for 10 years. In 2012, the roof and a roof air handling unit were replaced. The road and parking area on the north side of the building were also replaced. • In 2013, there are 24 weddings and 7 other events on Saturdays scheduled. This is an increase from 2012. Recreation Center and Burich Arenas: Mary Haugen, Facilities and Operations Manager • In 2012, the Facility Improvement Committee for the City of Hutchinson identified and prioritized projects, repairs, and replacements which included the Event Center, the Recreation Center gym and pool, and the Burich Arenas. • In the near future, monies will be received from Hutchinson Health that is earmarked for health and recreation type projects. A family aquatic center may be considered for use of some of these monies. • In the ice arenas, the two Zamboni resurfacers have been converted to electric to meet air quality standards. • In 2013, the roof on the east ice arena and the main air handler on the Recreation Center will be replaced. ADJOURNMENT The meeting was adjourned at 6:50 pm by a motion made by Eric Opland and seconded by Jay Bartholomew. The Board unanimously agreed. Planning, Zoning and Building Dept. Monthly Report February 2013 Building Department Permit Activities A Commercial New 1790 Butler Field Dr - new hanger at Airport Other Building Inspection Activities February 5th and 7th ICC class in Chaska Evergreen Meals served in February Week of 02/2012 02/2013 2012 Year to Date 2013 Year to Date Total Number Inspections 67 75 115 471 %of Inspections done within 24 HRS N/A 99% N/A 99.8% Total Number Plan Reviews N/A 10 N/A 22 %of Plan Reviews completed in 21 Days N/A 100% N/A 100% Building Permits Issued by Type Number of Permits 8 Valuation Number of Permits& Valuation Year to Date Number Permits B Valuation Year to Date Number Permits B Valuation Commercial (new) 0 141 1 $38,400.00 A 0 161 1 $38,400.00 Commercial ( additions /remodels) 6 $144,700.00 5 $7,802.00 8 $612,700.00 11 $116,102.00 Total Commercial 6 $144,700.00 6 $46,202.00 8 $612,700.00 12 $154,502.00 Industrial (new) 0 0 0 0 Industrial (additions /remodels) 0 0 0 0 Total Industrial 0 $0.00 0$0.00 0 $0.00 0 $0.00 Fire Sprinkling 1 $1,600.00 0 2 $1,600.00 0 New Residential 0 0 0 Residential misc (additions /remodels) S $33,500.00 81$94,300.00 8 $109,500.00 14 $151,000.00 Set Fee permits (reside, reroof, window) 17 51 241 19 HRA Permits 2 $18,000.00 0 4 $40,000.00 0 Subtotal Building Permits 31 $197,800.00 19 $140,502.00 46 $763,800.00 45 $305,502.00 Mechanical 8 $60,000.00 12 $44,759.00 20 $92,500.00 28 $72,495.00 HRA Mechanical 0 0 0 2 Plumbing 5 1 7 7 HRA Plumbing 0 0 0 1 Signs 10 9 $258.00 30 17 $258.00 Total Valuation 54 $257,800.00 41 $385,519.00 103 $556,300.00 100 $378,255.00 'Set fees not included in valuation A Commercial New 1790 Butler Field Dr - new hanger at Airport Other Building Inspection Activities February 5th and 7th ICC class in Chaska Evergreen Meals served in February Week of Hutchinson Park Towers Silver lake Glencoe Brownton Stewart 2/1-2/2 43 42 11 29 0 14 2/3 -2/9 293 186 64 150 46 68 2/10 -2/16 208 167 74 144 51 90 2/17 -2/23 163 142 50 141 53 49 2/24 -2/28 161 154 51 124 45 54 Total 868 691 250 588 195 275 Total Meals served in February 2867 Dates Closed February 11 and 18 llc9 Planning and Zoning Monthly Activities MonthNear: February, 2013 Activity Number Additional Info. Number of Planning Applications Reviewed and 4 Walgreens - Preliminary and final plat, Processed Site plan review and Conditional use permit Number of Joint Planning Board Applications 1 Variance - Koglin Rd Reviewed and Processed Number of Planning Commission Meetings 0 Number of Joint Planning Meetings 0 Number of Zoning Reviews for Building Permits 11 (Compliance with Zoning Code) Number of Land Use Permits Issued - (Fences, 2 small sheds, patios, driveways, detached decks, etc.) Number of Zoning Review for Sign Permits 9 Number of Predevelopment/Pre Application 4 Burns Manor Demolition meeting Meetings Walgreens (3) Meetings Number of Misc. Planning Meetings 27 Wellness event, Police Memorial, Management team - 3,Resource Allocation, Easement meeting, Facilities Planning, Sign for garden plot on Hwy 7, Transportation Summary discussion, FIRM meeting, City Council -2, Public Arts Commission, Downtown Plan Committee, Arena Study, Solar meeting, Meeting with Marc Telecky, Planning Staff, Walgreens meeting, Council Workshop, MFT panel discussion Number of Zoning Enforcement Cases 2 Hutchinson Health monument signs, Montreal Dirt Pile Number of Walk -In Customers Served 250 Site Visits 8 Miscellaneous sign site visits Jay Malone Signs Wells Fargo Signs 1209 Lewis Ave. remodel site visit Hutchinson Health Signs Dan Jochum attended the Land Use Training Session in St. Louis Park - 2 -27 -13 and met with S.E.H regarding Comp Plan - 2 -7 -13.