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cp01-13-2009 cAGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, JANUARY 13, 2009
1. CALL TO ORDER —5:30 P.M.
2. INVOCATION — Our Savior's Lutheran Church
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF DECEMBER 23, 2008
(b) ORGANIZATIONAL MEETING OF JANUARY 2, 2009
Action - Motion to approve as presented
6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise
ave been a egate to t e City Administrator. Traditionally, items are .ot discussed.)
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. MOTOR VEHICLE DEPARTMENT MONTHLY SUMMARY FOR NOVEMBER 2008
2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM OCTOBER 27, 2008
3. FIRE DEPARTMENT MONTHLY REPORT FOR DECEMBER 2008
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13523 - RESOLUTION AUTHORIZING BUSINESS DEVELOPMENT
INFRASTRUCTURE GRANT APPLICATION
2. RESOLUTION NO. 13524 — RESOLUTION AMENDING 2009 FEE SCHEDULE
3. RESOLUTION NO. 13525 — RESOLUTION CALLING FOR A PUBLIC HEARING ON THE
ADOPTION OF UPDATED CRITERIA FOR THE GRANTING OF BUSINESS SUBSIDIES
(c) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR
PERFORMANCE APPRAISAL SESSION HELD ON DECEMBER 23, 2008
(d) CONSIDERATION FOR APPROVAL OF AGREEMENT WITH SKY VIEW DAIRY
(e) CONSIDERATION FOR APPROVAL OF BOARD APPOINTMENTS/REAPPOINTMENTS
- CRAIG LENZ TO THE HUTCHINSON UTILITIES COMMISSION TO DECEMBER 2013
- SCOTT SCHOLL AND MARY CHRISTENSEN TO THE PARKS /RECREATION /COMMUNITY
EDUCATION BOARD TO AUGUST 2011
- PHYLLIS BIRKHOLZ AND RANDY BULLERT TO THE SENIOR ADVISORY BOARD TO
JANUARY 2012
(f) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH SOUTHWEST
METRO DRUG TASK FORCE
CITY COUNCIL AGENDA —JANUARY 13, 2009
(g) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2009 PAVEMENT MANAGEMENT PROGRAM
PHASE 1 (LETTING NO. 3, PROJECT NO. 09 -03)
(h) CONSIDERATION FOR APPROVAL OF MOSQUITO MANAGEMENT CONTRACT WITH CLARKE
ENVIRONMENTAL MOSQUITO MANAGEMENT INC.
(i) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR THE
HUTCHINSON ROTARY FOUNDATION ON APRIL 24, 2009
0) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR THE
MINNESOTA DEER HUNTER'S ASSOCIATION ON APRIL 4, 2009
(k) CONSIDERATION FOR APPROVAL OF REQUEST FOR PROPOSALS FOR ACTUARIAL FOR GASB
STATEMENT 45
(I) CONSIDERATION FOR APPROVAL OF PURCHASING ATM MACHINE FOR CITY CENTER
LOBBY
(m) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
7. PUBLIC HEARINGS — 6:00 P.M. -NONE
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra J wise pot____ cy. ways oo ing towar t e uture, not monitoring past)
0
(a) PRESENTATION ON FORECLOSURE PREVENTION — HEARTLAND COMMUNITY ACTION
Action —
(a) DISCUSSION/UPDATE ON VACANT HOUSING ORDINANCE
Action —
(b) DESIGNATION OF COUNCIL REPRESENTATIVES TO HUTCHINSON COMMUNITY
DEVELOPMENT CORPORATION BOARD (EDA)
Action -
10. NEW BUSINESS
(a) DISCUSSION OF NUISANCE HOUSING ORDINANCE
Action —
(b) CONSIDERATION FOR APPROVAL OF AUTHORIZATION TO AMEND 2009 BUDGET(S) TO FUND
ASSISTANT FINANCE DIRECTOR POSITION FROM THE 2009 ENTERPRISE FUNDS OF
CREEKSIDE /WATER/SE WER/REFUSE /LIQUOR
Action — Motion to reject — Motion to approve
(c) CONSIDERATION OF FILLING VACANCY ON THE MCLEOD COUNTY SOLID WASTE
ADVISORY BOARD
CITY COUNCIL AGENDA — JANUARY 13, 2009
Action — Motion to reject — Motion to approve
(d) DISCUSSION OF COALITION OF GREATER MINNESOTA CITIES MEMBERSHIP — MAYOR COOK
Action -
11, GOVERNANCE (Purpose: to assesspast organizational performance, develop policy that guides the organization and
Council an manage the logistics of the Council. May include monitoring reports, po icy development and governance
process items.)
12. MISCELLANEOUS
13. ADJOURN
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, DECEMBER 23, 2008
1. CALL TO ORDER — 5:30 P.M.
Mayor Cook callec the meeting to order. Members present were Bill Arndt, Casey Stotts, Kay Peterson and Jim
Haugen. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City
Attorney.
2. INVOCATION — Rev. James Rainwater, Seventh Day Adventist Church, delivered the invocation. - ABSENT
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
Congrats were given to Kay Peterson and Casey Stotts on the end of their terms.
Gary Plotz noted that the City would like to have a recognition event prior to the next Council meeting on
January 13, 2009.
Motion by Arndt, second by Cook, to set recognition event for 4:00 p.m. on January 13, 2009. Motion
carried unanimously.
5. MINUTES
(a) REGULAR MEETING OF DECEMBER 9, 2008
Motion by Haugen, second by Arndt, to approve the minutes as presented. Motion carried unanimously.
6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise
ave een a egate to t e City Administrator. Traditionally, items are not discussed.)
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2008
2. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM NOVEMBER 3,
2008
3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM
NOVEMBER 18, 2008
4. HUTCHINSON AREA JOINT PLANNING BOARD MINUTES FROM NOVEMBER 19, 2008
5. HUTCHINSON PLANNING COMMISSION MINUTES FROM NOVEMBER 18, 2008
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13511 -A RESOLUTION SUPPORTING MAINTENANCE OF LOCAL TITLE
AND REGISTRATION SERVICES
2. ORDINANCE NO. 08 -0520 — AN ORDINANCE AMENDING ORDINANCE NO. 07 -0464
ESTABLISHING THE PUBLIC ARTS COMMISSION (SECOND READING AND ADOPTION)
(c) PLANNING COMMISSION ITEMS
s��
CITY COUNCIL MINUTES— DECEMBER 23, 2008
1. CONSIDERATION OF AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE LAND
USE DESIGNATION FOR DEVELOPMENT OF A SENIOR HOUSING CAMPUS ON THE
NORTHWEST CORNER OF AIRPORT ROAD AND JEFFERSON STREET SE AS REQUESTED
BY HUTCHINSON AREA HEALTH CARE WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (ADOPT RESOLUTION NO. 13509)
2. CONSIDERATION OF VARIANCE TO ALLOW FRONT SETBACK LESS THAN 30 FEET FOR
CONSTRUCTION OF AN OBSERVATION BUILDING AT THE WILDLIFE SANCTUARY
LOCATED AT 700 LES KOUBA PARKWAY NW AS REQUSTED BY GOPHER CAMPFIRE CLUB
WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION
NO. 13510)
(d) CONSIDERATION FOR APPROVAL OF AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF HUTCHINSON AND CUSTOMER ELATION
(e) CONSIDERATION FOR APPROVAL OF 2009 HUTCHINSON FIRE DEPARTMENT OFFICER
APPOINTMENTS
(f) CONSIDERATION FOR APPROVAL OF LEASE RENEWAL FOR SENIOR DINING FACILITY AT
EVERGREEN SENIOR APARTMENTS
(g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 6(c)2 and 6(e) were pulled for further discussion.
Motion by Arndt, second by Haugen, to approve consent agenda with the exception of the items noted
above. Motion carried unanimously.
Item 6(c)2 had further discussion. Rebecca Bowers, Planning/Zoning/Building Director, explained that a
revised building plan has been submitted by the applicant. The revised plan includes putting the building on
a slab -on -grade to order to remove a handicap ramp. The remaining items remain the same as the conditions
outlined on the Planning Commission recommendation. The five -foot setback still remains.
Motion by Arndt, second by Haugen, to approve Item 6(c)2. Motion carried unanimously.
Item 6(e) had further discussion.
Mayor Cook asked the Council's involvement in appointing the fire officers. Marc Sebora, City Attorney,
noted that there is not a legal requirement I do so, however past practice has brought these appointments
forth to the Council. Mayor Cook noted that staff should make the appointments here forward and the
Council does not need to be involved.
Motion by Haugen, second by Peterson, Stotts abstaining, to approve Item 6(e). Motion carried
unanimously.
7. PUBLIC HEARINGS— 6:00 P.M. -NONE
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise po icy. ways oo ing toward thejuture, not monitoring past)
Mayor Cook asked John Olson to speak about snow removal operations. John Olson, Public Works
Manager, presented before the Council. Mr. Olson spoke about sanding and salting operations, as well as
priority levels. Mr. Olson also spoke about results from an informal survey conducted of other cities'
parking regulations related to snow removal. The Council asked citizens to assist the Public Works
department by removing vehicles from the streets during snow removal operations.
(a) RENTAL REGISTRATIONANSPECTION UPDATE— FIRE CHIEF BRAD EMANS
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CITY COUNCIL MINUTES— DECEMBER 23, 2008
Brad Emans, Fire Chief, presented before the Council. Chief Emans provided a report to the Council on the
first year of the City's Rental Registration program. Chief Emans reported that 287 rental buildings have
been registered, 120 buildings with common areas have been inspected and 1793 rental units have been
inspected. 655 correction orders were written. These correction orders consist of such things as missing or
not working smoke detectors, improperly vented dryers, accumulation of combustible waste materials and
many other items. Chief Emans pointed out that several property owners had completed the inspection
sheets prior to the inspections. Chief Emans provided data of correction order counts by the age of the
structure. The department did not make any money on this project, but rather had a project loss of
approximately $9900. All of the data presented was through December 4, 2008.
Chief Emans provided a report to -date. These numbers include: 297 buildings registered, 1800 units
inspected, 20 more units are scheduled to be inspected by December 31, 2008, two buildmgs/units are having
a legal issue regarding registration and three additional buildings /units have been identified in the last five
days. No units required more than two inspections.
General discussion was held on locations of the rental properties.
Gary Plotz, City Administrator, commended the fire department on completing the project by the end of the
year. Mr. Plotz asked for Chief Emans' recommendation on how to proceed with the project, should the
project proceed in 2009. Chief Emans noted that with current fire department operations, an accomplishable
level would be to inspect 1/3 of the units each year. The Council noted that conducting 1/3 of the property
inspections in 2009 seems appropriate.
Chief Emans noted that decals were distributed when a property passed inspection and can be placed in a
property window so tenants and others are aware that it is a safe place to reside. The Council suggested
placing an ad in the newspaper noting the project so tenants can look for those properties that have been
inspected.
It was noted that if 1/3 of the properties are inspected in 2009, those properties that had the most correction
orders will be inspected first.
Chief Emans noted there were some issues of mold in properties, however, unfortunately, there is nothing in
state building /tire /maintenance codes that address these issues.
General discussion was held regarding the wording of the City's ordinance pertaining to the purpose of
identifying life safety issues and not violating renter's /property owner's privacy. Marc Sebora, City
Attorney, noted that he would review the City's ordinance and a Court decision handed down on a Red Wing
Rental Registration Program case to see if any more protective language needs to be added.
Motion by Peterson, second by Stotts, to continue with the Rental Registration Program and, if necessary,
fine tune any language in the City's Rental Registration Program ordinance. Motion carried unanimously.
Chief Emans noted that a local rental property owner, Brandon Fraser, worked very diligently on this
program and with the chief on collecting and analyzing data.
(b) DISUSSION/UPDATE ON VACANT HOUSING ORDINANCE
Rebecca Bowers, Planning/Zonin Building Director, presented before the Council. Ms. Bowers reminded
the Council that in November sta f was directed to begin researching a vacant housing ordinance.
Jean Ward, Housing and Rehabilitation Authority Director, presented before the Council. Ms. Ward
explained that the HRA has been monitoring foreclosures within the City of Hutchinson for the past year.
Ms. Ward explained that the police department and the HRA receive a report from the McLeod County
Sheriff's Office noting the foreclosed properties. The police department uses the report for patrolling
purposes. There are currently 46 foreclosures in 2008 and 40 foreclosures in 2007. The HRA also maps the
properties and have found that they are spread throughout the city, however more prevalent in the older
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CITY COUNCIL MINUTES —DECEMBER 13, 2008
neighborhoods. The HRA also monitors utility disconnects, of which there are currently 15 properties that
are disconnected.
Rebecca Bowers spoke about policy issues that need to be decided. Ms. Bowers provided a very informal
survey that was conducted amongst other cities and how they handle vacant homes, mainly in the metro area.
Policy questions that need to be discussed include timing of City involvement and proactiveness, City
concern of vacancy vs. security as long as the property appears presentable, concern about exterior
conditions vs. interior conditions, vacant registration, payment of services, etc.
Mayor Cook asked that staff provide the Council with the policy questions and the Burnsville ordinance and
have the item brought back to the January 13, 2009, Council meeting.
General discussion was held on how far the City's involvement should be with vacant homes
9. UNFINISHED BUSINESS
10. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF 2008 -2009 GENERAL LIABILITY PROPERTY INSURANCE
RENEWAL POLICY AND UPDATE BY A.J. GALLAGHER AND ASSOCIATES
Jeremy Carter, Assistant Finance Director, presented before the Council. Mr. Carter introduced Tony
Benton and Ann Stanton from A.J. Gallagher and Associates, the City's risk management representatives.
Mr. Becker explained that the City's insurance carrier is the League of Minnesota Cities Trust. The renewal
premium is at $385,868.30 which is down 5% from the previous year. Municipal property premiums went
down with property value increases increasing 15% in values.
Gary Plotz, City Administrator, asked if the LMCIT offers coverage for Fire Relief Associations. Ann
Stanton noted that this coverage is included in the City's bond with Old Republic. Ms. Stanton
recommended moving to coverage with the LMCIT which has a lower premium and automatically covers
Fire Relief Associations. Mr. Plotz also asked if LMCIT covers liability for volunteers. Mr. Plotz clarified
that a volunteer organization should name the City as an additional insured on their own policy and the City
should maintain a disclaimer. The representatives noted that if a volunteer group wanted to perform
maintenance on property, a lease /contract should be entered into with the City being named an additional
insured. Ms. Stanton noted that the LMCIT does have a volunteer accident policy that is available for a
$2000 premium. Marc Sebora reminded the Council on the City's immunity protection and pointed out that
that should be considered with any other coverage.
Motion by Stotts, second by Peterson, to approve 2008 -2009 liability property insurance renewal policy.
Motion carried unanimously.
(b) CONSIDERATION FOR APPROVAL OF ADOPTING 2009 WATER FUND, WASTEWATER FUND,
REFUSE FUND AND COMPOST FUND BUDGET (ADOPT RESOLUTION NO. 13512)
Mayor Cook noted that this budget has previously been reviewed by the Council. Ken Merrill, Finance
Director, presented before the Council. Mr. Merrill noted that the proposed Resolution identifies the fund
budgets that had previously been reviewed by the Council. Mr. Me - reviewed the revenues projected in
the water fund which include antenna rents, water sales, meter sales and connection charges. The proposed
2009 rates are built into the revenue numbers.
Motion by Stotts, second by Peterson, to approve Resolution No. 13512, adopting the 2009 water fund,
wastewater fund, refuse fund and compost fund budget. Motion carried unanimously.
(c) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13513 - A RESOLUTION REVISING
2009 FEE SCHEDULE (WATER/SEWER RATES)
Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained the rates for water sales,
,5 (A)-
CITY COUNCIL MINUTES — DECEMBER 23, 2008
wastewater base charge, usage and load charges.
Motion by Stotts, second by Cook, to approve Resolution No. 13513, revising the 2009 fee schedule.
Motion carried unanimously.
(d) DISCUSSION OF STATE BUDGET ISSUE AND POSSIBLE EFFECTS ON HUTCHINSON
Gary Plotz, City Administrator, noted that the Governor has handed down a 22% reduction to the 2008
December local government aid payment. This means that the City is realizing a $317,000 reduction to their
payment. Mr. Plotz recommended that the City's financial consultant provide a report to the City on options
available. Mr. Plotz noted that there is a reserve fund where funds may be made available, as well as capital
outlay funds and bond funds that could be used to balance the 2008 budget. The City would like the
financial consultant to advise on how these different measures may effect the City's bond rating. The City
can make adjustments amongst various funds to make the budget balance until an opinion can be received
from the City's financial advisor.
In addition, even larger cuts in local government aid are expected in 2009, forecasted at $500,000 or more.
Mr. Plotz asked of the Council how early decisions should be made on how to deal with these cuts. Mr.
Plotz recommended meeting in January to start work on 2009 budget issues.
Mayor Cook suggested holding a workshop on January 27, 2009, to discuss these issues. Mr. Plotz
suggested placing a hold on any capital expenditures until after the workshop and more formal direction is
decided.
Motion by Haugen, second by Arndt, to set Council workshop for January 27, 2009, at 4:00 p.m. Motion
carried unanimously.
(e) CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS
ACQUISITION OF PROPERTY DESCRIBED AS PART OF THE WEST HALF OF THE NORTHEAST
QUARTER AND THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER, ALL IN
SECTION 5, TOWNSHIP 116 NORTH, RANGE 29 WEST, MCLEOD COUNTY, MINNESOTA
(HACKBARTH PROPERTY)
Motion by Arndt, second by Peterson, to convene into closed session at 7:40 p.m. Motion carried
unanimously.
Motion by Stotts, second by Haugen, to reconvene open meeting at 8:07 p.m.. Motion carried unanimously
Motion by Stotts, second by Haugen, to approve entering into Contract for Deed on the Hackbarth property
carried as presented. Motion unanimously.
Miles Seppelt, EDA Director, thanked the outgoing Council Members for their years of service.
11. GOVERNANCE ( Purpose: to assess past organizational performance, develop policy that guides the organization and
ounci an manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) CITY OF HUTCHINSON FINANCIAL REPORT FOR NOVEMBER 2008
(b) CITY OF HUTCHINSON INVESTMENT REPORT FOR NOVEMBER 2008
No action required.
12. MISCELLANEOUS
Gary Plotz — Mr. Plotz recognized that Ken Merrill, Finance Director of 31 years, is retiring effective
December 31, 2008. Mr. Plotz provided many accolades to Ken over his years of service. An appreciation
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CITY COUNCIL MINUTES — DECEMBER 23, 2008
event will be held on December 29, 2008, at the City Center from 3:00 — 5:30 p.m. Mr. Merrill provided
words of thanks to staff and previous Councils.
Motion by Amdt, second by Haugen, to set December 29, 2008, at 3:00 p.m. and January 9, 2009, at the
American Legion as public meetings for Ken's retirement recognition events. Motion carried unanimously.
All of the Council Members thanked Kay Peterson and Casey Stotts for their years of service to the Council.
Bill Arndt — Motion by Arndt, second by Peterson, to prepare a Letter of Resolution to submit to the McLeod
County Commissioners requesting them to hold the line on their budget and not provide any salary increases.
Roll call vote was taken: Haugen — aye; Arndt — aye; Peterson — aye; Stotts — aye; Cook — nay. Motion
carried 4 to 1.
Kay Peterson — Council Member Peterson made final comments on her years of service to the City, which
total 19 years.
Casey Stotts — Council Member Stotts made final comments on his years of service to the City, which total 5
years.
13. ADJOURN
Motion by Arndt, second by Cook to adjourn at 8:09 p.m. Motion carried unanimously.
MINUTES
HUTCHINSON CITY COUNCIL
SPECIAL ORGANIZATIONAL MEETING
FRIDAY, JANUARY 2,2009,12:00 P.M.
1. CALL TO ORDER —12:00 P.M.
Mayor Cook called the meeting to order at 12:03 p.m. Members present were Bill Arndt, Jim Haugen, Eric
Yost and Chad Czmowski.
City Attorney, Marc Sebora, swore in the newly elected Mayor, Steve Cook, and Council Members Eric
Yost and Chad Czmowski.
2. CONSENT AGENDA
(a) RESOLUTIONS
1. RESOLUTION NO. 13514 — APPOINTING GARY PLOTZ AS CITY ADMINISTRATOR
FOR 2009
2. RESOLUTION NO. 13515 — DESIGNATING OFFICIAL NEWSPAPER AS
HUTCHINSON LEADER
3. RESOLUTION NO. 13516 — RESOLUTION APPROVING SECURITIES FOR
COLLATERAL FROM WELLS FARGO BANK OF HUTCHINSON, MINNESOTA
4. RESOLUTION NO. 13517 — RESOLUTION APPROVING SECURITIES FOR
COLLATERAL FROM CITIZENS BANK AND TRUST CO. OF HUTCHINSON,
MINNESOTA
5. RESOLUTION NO. 13518 - RESOLUTION APPROVING SECURITIES FOR
COLLATERAL FROM MIDCOUNTRY BANK OF HUTCHINSON, MINNESOTA
6. RESOLUTION NO. 13519 — RESOLUTION APPROVING SECURITIES FOR
COLLATERAL FROM FIRST MINNESOTA BANK N.A. OF HUTCHINSON,
MINNESOTA
7. RESOLUTION NO. 13520 — DESIGNATION OF DEPOSITORIES OF CITY FUNDS IN
COMMERCIAL BANKS AND INSTITUTIONS
(b) CONSIDERATION OF 2009 CITY CALENDAR
Motion by Arndt, second by Czmowski, to approve Consent Agenda. Motion carried
unanimously.
3. OLD BUSINESS
4. NEW BUSINESS
(a) SELECTION OF COUNCIL'S VICE PRESIDENT — Bill Arndt
Motion by Haugen, second by Yost, to ratify Mayor Cook's appointment of Bill Arndt as the
Council's Vice President. Motion carried unanimously.
(b) DESIGNATION OF COUNCIL REPRESENTATIVES TO BOARDS & COMMISSIONS:
1. AIRPORT COMMISSION — Steve Cook
Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Steve Cook
to the Airport Commission. Motion carried unanimously.
2. CREEKSIDE ADVISORY BOARD — Bill Arndt
5'
Organizational Meeting Minutes — January 2, 2009
Motion by Czmowski, second by Cook, to ratify Mayor Cook's appointment of Bill
Arndt to the Creekside Advisory Board. Motion carried unanimously.
3. HUTCHINSON COMMUNITY DEVELOPMENT CORPORATION BOARD (EDA) —
Jim Haugen and Steve Cook
Council Member Haugen recommended that Chad Czmowski serve on the EDA Board
instead of Mayor Cook.
Motion by Haugen, second by Arndt, to not ratify the mayor's appointment to the EDA
Board. Council Member Yost asked for Council Member Haugen's reasoning to replace
Czmowski with Steve Cook. Council Member Haugen noted that he is not planning on
running for re- election in 2010 and the mayor had noted that he may not be either. Due
to that, he feels that Chad Czmowski would be a good appointment to the EDA Board,
along with his experience. Mayor Cook noted that he has not decided that he will not be
seeking re- election in two years. He also noted that there are currently several business
people sitting on the EDA Board. Mayor Cook noted his experience that he has had
already in working with the EDA on various projects. Roll call vote: Haugen — aye;
Arndt — aye; Yost — nay; Czmowski — aye; Cook — nay. Motion carried 3 to 2.
Mayor Cook noted that he is not ready at this time to name another appointee, unless the
considerations would be to have the mayor and Chad Czmowski appointed.
Motion by Arndt, second by Yost, to table this item to the January 13, 2009, regularly
scheduled City Council meeting. Motion carried unanimously.
4. HUTCHINSON HEALTH CARE BOARD — Eric Yost
Motion by Haugen, second by Czmowski, to ratify Mayor Cook's appointment of Eric
Yost to the Hutchinson Health Care Board. Motion carried unanimously.
5. HUTCHINSON HOUSING, INC. (HRA) — Bill Arndt
Motion by Yost, second by Cook, to ratify Mayor Cook's appointment of Bill Arndt to
the HRA Board. Motion carried unanimously.
6. JOINT PLANNING BOARD — Jim Haugen
Motion by Arndt, second by Czmowski, to ratify Mayor Cook's appointment of Jim
Haugen to the Joint Planning Board. Motion carried unanimously.
7. LIBRARY BOARD —Eric Yost
Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Eric Yost to
the Library Board. Motion carried unanimously.
8. MID - MINNESOTA COMMISSION — Bill Arndt
Motion by Czmowski, second by Cook, to ratify Mayor Cook's appointment of Bill
Arndt to the Mid - Minnesota Commission. Motion carried unanimously.
9. PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD — Chad
Czmowski
Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Chad
Czmowski to the Parks, Recreation, Community Education Board. Motion carried
unanimously.
10. PLANNING COMMISSION — Chad Czmowski
5 1` J\
Organizational Meeting Minutes — January 2, 2009
Motion by Haugen, second by Yost, to ratify Mayor Cook's appointment of Chad
Czmowski to the Planning Commission. Motion carried unanimously.
1 1. PUBLIC ARTS COMMISSION — Jim Haugen
Motion by Arndt, second by Cook, to ratify Mayor Cook's appointment of Jim Haugen to
the Public Arts Commission. Motion carried unanimously.
12. TREE BOARD — Steve Cook
Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Steve Cook
to the Tree Board. Motion carried unanimously.
13. UTILITY COMMISSION — Steve Cook
Mayor Cook noted that there is no appointment available. There were discrepancies
between the RUC's records and the City's records in term limits. Craig Lenz will be
reappointed to the HUC at the next Council meeting.
14. HUTCHINSON SAFETY COUNCIL — Bill Arndt
Motion by Yost, second by Haugen, to ratify Mayor Cook's appointment of Bill Arndt to
the Hutchinson Safety Council. Motion carried unanimously.
(c) DESIGNATION OF COUNCIL REPRESENTATIVES TO OTHER COMMITTEES;
I. HUTCHINSONDOWNTOWNASSOCIATION — ChadCzmowski
Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Chad
Czmowski to the Hutchinson Downtown Association. Motion carried unanimously.
2. FIRE RELIEF ASSOCIATION — Fire Chief Brad Emans, Finance Director Jeremy
Carter, Mayor Steve Cook
Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Fire Chief
Brad Emans, Finance Director Jeremy Carter and Mayor Steve Cook to the Fire Relief
Association. Motion carried unanimously.
3. FACILITY & INFRASTRUCTURE (RESOURCE ALLOCATION) — Bill Arndt &
Steve Cook
Motion by Yost, second by Cook, to ratify Mayor Cook's appointment of Bill Arndt and
Steve Cook to the Resource Allocation Committee. Motion carried unanimously.
4. WAGE COMMITTEE — Jim Haugen and Eric Yost
Motion by Arndt, second by Cook, to ratify Mayor Cook's appointment of Jim Haugen
and Eric Yost to the Wage Committee. Motion carried unanimously.
(d) DISCUSSION OF SNOW PLOWING POLICY
Mayor Cook asked how snow plowing activities are limited due to budget constraints. John
Olson, Public Works Manager, noted that materials have been significantly reduced, by almost
40 %. Another cost- saving measure is to reduce premium overtime. A third reduction is the
number of personnel utilized for snow removal. Mr. Olson also provided a report on
sidewalk/trail snow removal operations. Mr, Olson further noted that there are basically two ways
to remove snow, those are plowing and melting. Melting requires salt however and the price of
salt has doubled in the last five years. Future operations include more plowing than chemical use.
5C6)
Organizational Meeting Minutes — January 2, 2009
Mayor Cook asked if it is best to wait for the snow to stop falling before operations begin. Mr.
Olson explained that during a typical snow fall, plowing begins during the day and then ceased
until about 1:00 a.m. the following morning.
Council Member Yost asked about the cost of replacing blades vs. salt materials. He also noted
that he has been in communities where sand drums are placed strategically where residents can
spread sand in areas where a plow driver may have missed.
Mayor Cook also asked about plowing curb to curb. Mr. Olson explained that that is to the benefit
of the freeze/thaw cycle.
(e) DISCUSSION OF STATE BUDGET SHORTFALL AND LOCAL BUDGET IMPACT
Mayor Cook noted that he would like to see the City come in with a balanced budget and not a
deficit in 2008. City Administrator noted that a $317,000 unallotment from the State will be seen
in 2008. Mr. Plotz noted that Steve Apfelbacher from Ehlers & Associates will come and meet
with the Council to discuss the differences in how to handle the unallotment. Mr. Plotz will ask
Mr. Apfelbacher to attend the workshop scheduled for January 27, 2009. For the year 2009, it
appears that a cut in local government aid will be seen. In comparing the LGA cut in 2003, a cut
in 2009 may be even more substantial. The cut could potentially be in the range of $500,000 -
$1,000,000. The Council put in place a freeze on wages and performance pay increases which
will see a savings of $394,000. Mayor Cook expressed that he feels the Council should give the
staff the authority to start planning and acting on what is necessary in consideration of this cut in
funding. Mayor Cook suggested staff start planning for a $500,000 reduction and work up from
there to the $1,000,000 mark.
(f) BRIEF OVERVIEW OF COUNCIL MEMBER RESPONSIBILITIES — MARC SEBORA,
CITY ATTORNEY
Marc Sebora, City Attorney, provided an overview on the open meeting law, data practices, and
conflicts of interest. Mr. Sebora reminded the Council of a session the Leader is sponsoring on the
Open Meeting Law happening on January 16'".
Motion by Arndt, second by Yost, to set January 16, 2009, at 8:30 a.m. as an open meeting for
Council Members to attend the session being sponsored by the Hutchinson Leader. Motion
carried unanimously.
(g) CONSIDERATION FOR APPROVAL OF SETTING DATE FOR POLICY
GOVERNANCE WORKSHOP ON ENDS POLICIES
Motion by Arndt, second by Haugen, to set January 15, 2009, from 4:00 — 7:00 p.m. for Policy
Governance workshop to review /discuss ends policies.
(h) CONSIDERATION FOR APPROVAL OF SETTING JOINT MEETING WITH
HUTCHINSON UTILITIES COMMISSION
Motion by Yost, second by Cook, to set January 29, 2009, at 4:00 p.m. as a joint meeting with
HUC. Motion carried unanimously.
(i) ADJOURNMENT
Motion by Amdt, second by Cook, to adjourn at 1:30 p.m. Motion carried unanimously.
5(' b)
MOTOR VEHICLE MONTHLY SUMMARY
For the Month of: November 2008
Net Revenue:
Payroll Hours:
Net Revenue per hours worked:
Profits YTD:
% Profit Margin YTD:
Comments:
2007 2008
$ 15,322.90 $ 15,418.45
629.07 559.98
24.35 27.53
14,957.03 16,373.64
7% 7%
Hutchinson Public Library Board Minutes
Monday, October 27, 2008
Members Present: John Paulsen, Roger Vacek, Yvonne Johnson, Abby Dahlquist, Janet Vacek, and Mary
Henke, Ex- Officio.
Members Absent: Kay Peterson and Guy Stone.
John called the meeting to order. A motion was made by Roger and seconded by Abby to approve the
minutes of the last meeting as submitted.
Report:
Bev Wangerin, McLeod County Commissioner, announced that the 4% library increase, as requested, will
be awarded for FY'09. Funding for the library comes from the City of Hutchinson and McLeod County.
The State of MN also funds the Moneerlond Library System which also benefits the Hutchinson Public
Library. Bev, the McLeod County representative to the PLS Finance /Executive Board, also reported a
tentative settlement with the union for a 3% increase and a significant cost increase for health insurance.
Mary had budgeted for a 3% increase, but will need to budget more to cover the insurance increase.
Mary is the only employee at HPL who receives insurance benefits.
A discussion was held concerning the cost of computer replacement in FY '10. The cost will be
approximately $ 1000 for each computer (14) plus anew printer. More money would enable the
purchase of additional computers. The Friends of the Library and other sponsors are pursuing the effort
for this funding.
Old Business:
1. Senior Tour of Library on October 8 and Survey
The tour went well with 14 attending. Mary reported on the results of the survey questions: Needs,
interests, and challenges. To gather more data, May will distribute the some survey to residents
of senior facilities and also wig give a brief presentation about the library. Roger suggested (and
volunteered) to take pictures of the interior of the Ibray to bring along to presentations. We
should consider doing a senior tour of the library each fall.
2. Fag Forum "Minnovation" Program on October 23
The library board members thought the prog ram was good. Although attendance was not large,
those that were there were very interested in the presentation. Scott Olson was very animated
with several people visiting with him after the presentation. Additionally, Andy Wilhide was on
excellent presenter and gave examples and information about "Minnovations ".
3. WAam Kent Krueger to visit on Aonl 14 2009 for National Library Week
Mary reported that Mr. Krueger does the presentations as a public service and charges a nominal
fee.
New Business:
1. Adylt Winter Reading Program from January 5 - March 15 2009
The adult reading program, "Discover a Real Treasure- READ ", similar to the summer children's
reading program, has been provided for S+ years. The Friends of the Library helps sponsor it with
donations from 3M and other organizations.
2. Mary distributed the Hutchinson Public Library 2007 profile with rankings compared with other
libraries within Ploneeriand with much of the data based coming from the State of Minnesota
report.
Janet made the motion that the meeting be adjourned with Roger seconding. Meeting adjourned.
The next meeting will be Monday, November 24, 2008 @ 4:30 p.m.
Respectfully submitted, Yvonne Meyer Johnson, Co-Secretary
r..
t
To: Mayor and City Council Members
From: Brad Emans, Fire Chief
Date: 01/01/09
Re: Monthly Update on Activities of the Fire Department
Fire Department Response: The fire department responded to 50 calls for service in the month of
December.
Fire Officer Only Response: A "fire officer only" responded to 25 calls in December, saving the
Hutchinson Fire District the cost of a "general' alarm estimated at $4,200.00 and more importantly, it
kept our firefighters on their full time job or at home with their families an additional 375 hours!
Response Time (First Emergency Vehicle Out of the Door): December — 4 minutes 42 seconds
Example of a few of the calls:
• The FD responded to a call in the southwest part of the city when a contractor knocked off a
sprinkler head at one of our commercial buildings;
• The FD responded to a residential house fire in the central part of the city, the cause was
determined to be an electrical malfunction due to improper use of an extension cord;
• The FD responded to a water flow alarm from a sprinkler activating at one of our major employers,
the cause was a broken sprinkler pipe due to freezing;
• The FD responded mutual aid to the Dassel FD on a house fire southwest of Dassel;
• The FD responded to t residential house fire in the northeast part of the city, the cause of the fire
was grease fire in the kitchen;
• The FD responded to a commercialfresidential garage and workshop fire in the northwest part of
the city, the cause of the fire is still under investigation;
• The FD responded to a water flow alarm at one of our senior assisted care facilities in the
northwest part of the city when a sprinkler pipe froze and broke;
• The FD responded to a water flow alarm in a restaurant in the southeast part of the city when a
sprinkler head was struck by an employee moving beverages;
�
Breakdown of the Calls for the Month:
City:
Residential 5 Commercial/Industrial 10 Multi- family 8 School 0 Carbon Monoxide 9
Hazardous Material 6 Vehicle 1 Rescue 0 Medical 2 Grass 1 Sky -Wam 0 Good Will 0
Mutual Aid 0
Rural:
Structure Fires 3 Arson 0
Rescue 1 Grass Type 0 Medical 2 Residential 0 Farm Building 0 Hazardous Material 2
Carbon Monoxide 2 Vehicle 0 CommerciaVlndustrial 0 Good Will 0 Mutual Aid 1
Structure Fires 0 Arson 0
Training:
• The FD conducted its first "History" of the fire service class for the firefighters, with the idea that we
will not know where we are going 4 we do not know where we have been;
• The FD conducted its first "Pride, Honor, and Integrity" class for the firefighters;
• The FD conducted a two hour crash injury management medical training for the firefighters;
• The FD toured 3 new businesses in the community for pre -plan information;
• The FD officers trained on the national fire incident reporting system;
• The FD officers held the annual yearly planning meeting in preparation for 2009.
Fire Prevention I Public Relations:
• The FD conducted a general safety class for the employees of several of our home for challenged
people with a focus of fire evacuation;
• The FD conducted a station tour for a Cub Soout group;
• Several firefighters and police officers took 32 disadvantaged children shopping for Christmas
presents at one of our large retail stores.
Other Information:
• Rental Registration Update: We have 297 rental buildings registered, and 1811 units inspected
as of December 31. The program has exceeded our expectations with regard to assuring that our
apartments meet the minimum life safety code;
• The FD responded to 413 calls for service in 2008. One must remember that when a citizen picks
up the phone and dials 911, it is without a doubt one of the most important phones they will make
in their lifetime, and we must respond in a fast, professional manner in an effort to make
somebody's worst day better.
e Page 2
(P (P)3
MEMORANDUM
Date: December 30, 2008
To: Honorable Mayor & City Council
From: Miles R. Seppelt
EDA Director
RE: Industrial Park Infrastructure Grant
Now that the Hackbarth parcel has been acquired for new industrial park
development, I am in the process of writing a grant proposal to DEED to see if
we can obtain $250,000 to assist with the installation of utilities.
One of the requirements of the grant application is a City Council resolution
indicating that the City will be the legal sponsor of the project, giving permission
to apply for the grant and enter into a grant agreement, and committing to
provide a local match for the grant.
A copy of the resolution is ATTACHED for your review.
My goal is to submit the grant application to the state as soon as possible, so I
am requesting city council action on this resolution during the January 2nd
organizational meeting, if possible.
If you have any questions or need additional information, please give me a call at
(320) 234 -4223 at any time.
Thank you for your time and consideration.
lD lk )
RESOLUTION # 13523
LOCAL GOVERNMENT RESOLUTION
BUSINESS DEVELOPMENT INFRASTRUCTURE APPLICATION
BE IT RESOLVED that the City of Hutchinson act as the legal sponsor for project contained in the Business
Development Infrastructure Application to be submitted on January 9, 2009 and that Gary Plotz, City
Administrator, and Miles R. Seppelt, Economic Development Director, are hereby authorized to apply to the
Department of Employment and Economic Development for funding of this project on behalf of the City of
Hutchinson.
BE IT FURTHER RESOLVED that the City of Hutchinson has the legal authority to apply for financial
assistance, and the institutional, managerial, and financial capability to ensure adequate construction,
operation, maintenance and replacement of the proposed project for its design life.
BE IT FURTHER RESOLVED that the City of Hutchinson has not violated any Federal, State, or local laws
pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Hutchinson may
enter into an agreement with the State of Minnesota for the above - referenced project, and that it will comply
with all applicable laws and regulations as stated in all contract agreements.
BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Hutchinson will
commit at least $1,500,000 towards the local match requirement.
The City of Hutchinson certifies that it will comply with all applicable laws, regulations, and rules of the
Business Development Infrastructure Application.
NOW, THEREFORE BE IT RESOLVED that Gary Plotz, City Administrator, and Miles R. Seppelt, Economic
Development Director, or their successors in office, are hereby authorized to execute such agreements, and
amendments thereto, as are necessary to implement the project on behalf of the applicant.
I CERTIFY THAT the above resolution was adopted by the City Council of the City of Hutchinson on January
2, 2009.
ATTEST:
Steven W. Cook Gary D. Plotz
Mayor City Administrator
RESOLUTION NO. 13524
REVISING 2009 FEE SCHEDULE
WHEREAS, the City of Hutchinson is empowered by previously passed ordinances to
impose fees for services, and
WHEREAS, based upon the recommendation of costs for providing the services for
various city departments
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUTCHINSON, MINNESOTA THAT THE FOLLOWING FEE SCHEDULE
IS REVISED AND THAT THIS FEE SCHEDULE REPLACES ANY FEE SCHEDULE
PREVIOUSLY APPROVED BY THE HUTCHINSON CITY COUNCIL:
2.15(m) 2009 Plumbing Permit Water Meter Fee Schedule (delete)
*2.15(o) 2009 Public Works Rates
2.15(p) 2009 Bulk Water Purchase Fee Schedule (delete)
2.15(q) 2009 Water Turn-on Fee Schedule (delete)
*Fee schedule attached (plumbing permit water fee schedule, bulk water purchase fee schedule
and water turn -on fee schedule have been incorporated into public works rates)
Adopted by the City Council this 130' day of January, 2009.
Steven W. Cook, Mayor
ATTEST:
Gary D. Plotz, City Administrator
4 C��
City of Hutchinson 2.15(m)
2009 Plumbling Permit Water Meter Fee Schedule
size
fee Amount
r _.
28@f Fes'
207 few
3/4" X 5/8"
$125.00
$125.00
$120.00
1"
$210.00
$210.00
$205.00
11/2"
$445.00
$445.00
$435.00
2"
$575.00
$575.00
2" Compound C2
$1,500.00
$1,557.00
$1,445.00
2" Turbo T2
$915.00
$853.00
$745.00
3" Compound C2
$1,700.00
$2,080.00
$1,925.00
3" Turbo T2
$1,200.00
$1,167.00
$1,063.00
4" Compound C2
$2,800.00
$3,226.00
$2,960.00
4" Turbo T2
$2,250.00
$2,313.00
$2,140.00
6" Compound C2
$4,900.00
Call for pricing
$5,300.00
6" Turbo T2
$3,900.00
Call for pricing
$3,350.00
* All meters provided with connections or flanges.
* Water Department staff will approve / disapprove, or require
the application of turbo or compound meters
* All irrigation meters required to use T2 meter.
C.�
H Fraca.
Pohcy 2.22(a)(3)
City of Hutchinson, MN 2.15(0) Approved by City Connor I /
Protect Administration
Preernmery development-
T%
1.0%
1,0%
total cost W.
0.096
Review of sde and grading plans and/or plans and
Design rBwIBW'
2.0%
3.0%
3.0%
caret bos<esl.
0.0%
spBCRMationa prepared by developer, or pre-
1.5%
is%
total cost est.
0.0%
IS system ve i M data e�iupdates,
ews
Tech' services
engineering at remnstrubtion Plans.
Final design
6.0%
60%
total Cost est.
o.p%
C t W complete plans and sperArations m-
fl
move which protects will be completed bgllzmg
municipal financing based on guidelines approved
sg program xppMnp rsainang
Incfudes on-sse and off -site services. Prware
Construction review, and staking
b ore C' Council.
6.0%
6.0%
total cost eel.
0,0%
deveopers must provide survey oresol and may
1.0%
1.0%
trial boat eat.
0.0%
snows sin ree on Projects ft
Palo meeting HRA
bompbre this work with a Mmud ant approved by
ra
goals. Not applied M recenatructlon a Trunk
r trunk
Protect Administration
Preernmery development-
T%
1.0%
1,0%
total cost W.
0.096
Plan rwiew and development, subdivision and/or
dBVB sonsamern. ass,
Contract administration
2.0%
2 0%
total coat eat
0.0%
Assessment roll preparation, MN Statute 429
regrew d writ z administration and review.
Comprehensive planning'
1.5%
1.5%
total cost est.
0.0%
IS system ve i M data e�iupdates,
ews
Tech' services
1.5%
1.5%
hdal con ssl.
0.0%
ver
For teat services bompieted by Coy,
trial coal est.
0.0%
move which protects will be completed bgllzmg
municipal financing based on guidelines approved
sg program xppMnp rsainang
b ore C' Council.
needs within HRA Board my
Housing needs fund'
1.0%
1.0%
trial boat eat.
0.0%
snows sin ree on Projects ft
Palo meeting HRA
ra
goals. Not applied M recenatructlon a Trunk
r trunk
FinancelLeaaffiscal
Financial aBN100S
3%
1.0%
10%1
total m81 Bet
1 0.0%18m
admmisaww,mpertyassessmentiinpw
Legal SBrvICB3'
1.0%
10%1
101Bl oral ea6
0.096
Tme reviax, devebpmenUSrbdivisun agreement
development arM review, b ndlfi.l rwvww.
Flspal
1.0%
1.0%
Idol rose eat.
0.0%
Capitalised interest
Tne City retains M right to 00194190 a consultant tot Complete a poison of the Engiasevi and PmCyed Admimsnatron. Thor devevopw shalt news the prekmi and
anal plataPPmimOm st ask oommenprg on fine /deapn. Finam isgmbra tsofth, City
cost- be mequimW norimppvented bad9 oomnPheted by Private tlesebpers.
TM developer shag nMN W d0spn atenrtards aril hmwnaal surety requremenh arfhe Cify
6
RedevelopmentlNewly Mnexed
24.0%
24,0%
local cost M.
0.0%
Redevelopment and newly annesed (doss rM
widude Housing Needs Fund')
Standard City Rate
asterisk M Projects ublunng more City aarviws
Rate
Minimum Rare
7.0%
7.0%
trial cost eat.
New dsvdppmed The CM relairie the right m
will be charged bared on raise noted above.
New Development
25.0%
25.0%
trial coal est.
0.0%
move which protects will be completed bgllzmg
municipal financing based on guidelines approved
b ore C' Council.
Tne City retains M right to 00194190 a consultant tot Complete a poison of the Engiasevi and PmCyed Admimsnatron. Thor devevopw shalt news the prekmi and
anal plataPPmimOm st ask oommenprg on fine /deapn. Finam isgmbra tsofth, City
cost- be mequimW norimppvented bad9 oomnPheted by Private tlesebpers.
TM developer shag nMN W d0spn atenrtards aril hmwnaal surety requremenh arfhe Cify
6
mmium rate including e
Developer Designed 8 Financed
asterisk M Projects ublunng more City aarviws
Rate
Minimum Rare
7.0%
7.0%
trial cost eat.
0.096
will be charged bared on raise noted above.
Hutchvnon HRA may waive this 1% Housing
Needs Fund fee based on knvammme Musing
balrob ii�ugwd in the oral
Tne City retains M right to 00194190 a consultant tot Complete a poison of the Engiasevi and PmCyed Admimsnatron. Thor devevopw shalt news the prekmi and
anal plataPPmimOm st ask oommenprg on fine /deapn. Finam isgmbra tsofth, City
cost- be mequimW norimppvented bad9 oomnPheted by Private tlesebpers.
TM developer shag nMN W d0spn atenrtards aril hmwnaal surety requremenh arfhe Cify
6
WATER RATES
Come brm arch Awym incuded
Triad ftwombuctiot
S 135M
2106
ZIP
i[MW
Pmmrmw
I�w$d
$ 6.50
55.00
5...
9.1
PersteBlMBa
..
3.3 % riiat,655, atroarriap +S %race adjum"hi
SAC ($elder Availability Charge)
$ 1 815.00
$ 1,965.00
SAC Unit
8.3%
(through 2011 to meet idantifled hale daflciency)
20.00
S 30,E "' 1F
5o.
Per Staff review
4.1%
am oma
S 2.950.00
3 errt3i.
1.
Per owfweew .
per morph
3 3% inflationary adjuslment+5% rate aQustment
WAC (Water Availability Charge)
$ 1,380 W
$ 1,49500
WAC Unit
83%
(through 2011 to meet ldenbfred rata detipericy)
S 1.400.00
S 1,425AC each
1.
Parnaarenow
. �
Last than
Assessment Search
$' 2500
$ 30.00
Each
20.0%
Inaaased hom 52 in 2W5. Consider adjuStmem
$ 2.75
per mom;
22.2%
l 33.00)1 Par mWilied'09 hales. Lee charge
,V'Corhpound
in 007. Last onarbill
WATER RATES
Come brm arch Awym incuded
Triad ftwombuctiot
S 135M
$ woo
$... cF. :..
0.
Pmmrmw
Per water meter
$ 6.50
55.00
5...
9.1
PersteBlMBa
..
$ 42,80
S lF
5
Per still revtae
.a
Z'
20.00
S 30,E "' 1F
5o.
Per Staff review
4.1%
Par rate review- Earth Tech (09"$3.2 , - 53.50;
S 2.950.00
3 errt3i.
1.
Per owfweew .
per morph
15 4%
10= $3.75) I Par modihed'09 rates. Last change
ndr.
1.
P4r aeReade"
WMerWOW LOWal "Emstilg
mq.vsyF�s9aptcpeVed
S 1.400.00
S 1,425AC each
1.
Parnaarenow
. �
myvaypsq iGpgjafA':
S 2,100.00
S 2.135.00 each
1.
Partisan lie ,
WATER RATES
WATER METER FEES
V4" and $18"
Come brm arch Awym incuded
$ 128.00
S 135M
each
58%
Per rate review - Earth Tech (W-11,650, - 75,
Base Charge
Per water meter
$ 6.50
$ 7.00
per month
7.7%
10= 57.00) r Per modihed'09 nabs. Lest charge
1 -1/2"
$ 460.00
3 4✓0.Wi
each
43%
.a
Z'
$ 610.00
S BTB
each
4.1%
Par rate review- Earth Tech (09"$3.2 , - 53.50;
2" Corn pound
To 150,000 gallons per more;
S 3.25
$ 3.75
per morph
15 4%
10= $3.75) I Par modihed'09 rates. Last change
2" Turbo
oisavom or require of
$ 79500
$ 91500
each
151%
Per nags iew
Usage (Residential, Retail,
turbo m corn meters.
$ 2,050.00
S 21wAD
each
4.9%
Par rate m.- Earth Tech (08= $2.25: 09= 32.50,
Commercial, Industrial)
151,000 b 3,000,000 galore per month
S 2.25
$ 2.75
per mom;
22.2%
l 33.00)1 Par mWilied'09 hales. Lee charge
,V'Corhpound
$ 3,150,00
3 3
each
3.2 %Per
ba
4" Turbo
S 2.290,00
2 .00..
each
4.8%
Par raw review- Earth Tech (0841 75, .00
6 "Com nd
Over 3,000,000 gallons Per march
$ 1.75
3 2.25
per morph
28.6%
10 =32 50) r Per modified'09 rates. Lan diahge
6" Turbo
S 3,57500
¢ S 9-.00-
each
Per star review
Bulk water
Depoap for kw rental
$ 45.00
S 45.001
each
D.o%
Par ateff rev.
Key rental fee (Month or Partial
month
$ 45.00
$ 45.00
per morn
0.0%
Pm stall review
Lost key
One year charge
$ 48000
$ 540.00
each
12.5%
Par staff review
Per load (South Park loaded by City
stafn
$ 2000
$ 20.00
each
0.0%
Per staff review
Per load 2 batl/da Y, Hydrant fills
$ 20.00
$ 20.00
per 2 loedelday
00%
Par staff review
Reconnect delinquent accounts
$ 3000
$ 30.00
each
0.0%
Per elan review
Reconnect after hours, weekends,
holiday
$ 45.00
S 70AD:
each
55.6%
Par staff review
POa (Ore
$ -
3 18.00
". -.each
WA
Par Staff rewaw
WATER METER FEES
V4" and $18"
Come brm arch Awym incuded
$ 128.00
S 135M
each
58%
Per staff revbw
1"
$ 215.00
$
each
4.7%
Par staff review
1 -1/2"
$ 460.00
3 4✓0.Wi
each
43%
Pat staff rani*-
Z'
$ 610.00
S BTB
each
4.1%
Perm~
2" Corn pound
Water departinterri Stan will OPProrriE, or
$ 1,545.00
3 1,w0 -
each
3.6%
Par staff m-
2" Turbo
oisavom or require of
$ 79500
$ 91500
each
151%
Per nags iew
3" ComPound
turbo m corn meters.
$ 2,050.00
S 21wAD
each
4.9%
Par nab ravlew
3" Turbo
$ 1,130.00
S 1 :00
each
6.2%
Par staff review
,V'Corhpound
$ 3,150,00
3 3
each
3.2 %Per
Stelf review
4" Turbo
S 2.290,00
2 .00..
each
4.8%
Per staff revs
6 "Com nd
S 5,675,00
S 890Qw:
each
00 %Par
Stan review
6" Turbo
S 3,57500
¢ S 9-.00-
each
Per star review
O�
V
vn
1. Golf Course, Park, S
30,01on c irwr
S 20.12
$ 3.22
$ 336
pmh
der rate revew - Donahue 108 = 54.30, 09= $4.40)
Base charge (CATEGORY A
g )
Per amrwmron
E 4.30
E 6 10
pw month
41.8%
1Per rtad4gd'09 rare awd Last 'Off
4.4%
Pw star my
3. PublialPdvate SChool & InstMAlonal
S 12.49
S 13.02
ash
Per rate review - Donahue toff = 54.40. D)
Usage (CATEGORY A)
Based upon January water usage
$ 4.40
$ 5.55
per mash
26.1%
e'08
Per modpied'W stud Last cha 'M
Pe, staff review
5. Commercial & Industdal
Na
$ 31.75
S 33.10
nonm
tae IOB- -E430: 09 °x.'10)
Base charge (CATEGORY B)
Pw conrectwn
$ 4.30
$ 510
Per mentn
41.8%
z modirwd'O8 rat
Usage (CATEGORY B)
Based upon January wale,...
$ 440
E 548
per -a- o
24.5%
Per rata rwww - Donetu+e 108-34.40' 0 35 Uo)
Pw mPddwd'09 rate Last 'Off
Load cha es
28. Lots 2 to 3 acres
$ 7.50
S 7.82
apn
4.3%
Biochemical Oxygen Demand
GraaW own 140 mg11
$ 040
S 0.43
perpound
7.5%
Per rate review- Dawhue(08=30.40: 09= 50.43)
BOD
20. Lots 4 to 5 acres
S 13.90
S 14.49
or h
Par mWd d'09 rate stud,. Last tlwrWe'08
Par rate review - Donahue (08=51 ,07; 09 51.16)
Kleda Nitrogen (TKN)
Total hl Nit
Greater then 50 m 8n
$ 1,07
3 1. f6
per pound
8.4%
Per moddwd'09 rmes Last 'Off
Suspended Solids
Grealw than 310 m94
Is 036
$ 040
.per pound
11.1%
Pw rMe nw 0 - raDawhue (W-S0 .36; 09 =50.40)
study
Pw r w-Donahue (�
�.w )
Phosphorous (P)
Gr"w Bwn 6 mgrs
S 682
$ 582
per pa4M
N
Per malirwd'W rate .Last 'Off
nood duv
vn
1. Golf Course, Park, S
30,01on c irwr
S 20.12
$ 3.22
$ 336
pmh
4.3%
Per staff rawew
2. Single &Two -Farm Residenial
$ 29.021
$ 29,021
$ 2.48
S 2.59
preh
4.4%
Pw star my
3. PublialPdvate SChool & InstMAlonal
S 12.49
S 13.02
ash
4.2%
Per start review
4. MulB -Farm Residential & Church
mush
$ 17.75
S 18.50
omh
4.2%
Pe, staff review
5. Commercial & Industdal
Na
$ 31.75
S 33.10
nonm
4.3%
Per auff revew
.4.30
98..
2A Lots 1 to 2 acres
$
$ 448
wph
4.2%
Pw Stan nft w
28. Lots 2 to 3 acres
$ 7.50
S 7.82
apn
4.3%
Par start review'
2C. Lots 3 to 4 acres
S 10.70
S 1115
aM1
4.2%
Pw staff review
20. Lots 4 to 5 acres
S 13.90
S 14.49
or h
4.2%
Pw staff review
2E. Lofs over 5 scree eeB Resolution f 1637
See Resolution x11637
aph
Na
GARBAGE RATES
alWn container
30,01on c irwr
S 20.12
S 20.12
mraM
Na
Pw Sub revise
albs container
porn ooNartwr
$ 29.021
$ 29,021
morph
Na
start rwiaw
90 -gallon
$ 2.5011
14 39.92
1 $ 39.92
moms
Na
Pw elan eview
• 30 anon container
30,01on c irwr
27.95
$ 28.46
1
morph
Na
Pw sub revive
60 anon cMtairler
porn ooNartwr
$ 36.85
S 3736
morph
Na
Pw ataR revew
90-gallon coma(rher
$ 2.5011
47.75
S 4826
maim
Na
Pw staff review
.r 1 me Guru
Bi eeldv standard San")$
30,01on c irwr
$ 14.16
8 14.16
month
nle
Per #a8 e"
I Bi -vreekl valet 8arvice khw into
porn ooNartwr
$ 18.79
$ 19.79
moNn
Na
Pw afaff revew
Senior reduced ran@ low Income
$ 2.5011
2 50
morph
Na
Pw euff review
2ken
Senior dozen educed valet
$ 9.97
$ 10.64
mush
Na
Pw atalF ravgw
Senior citizen reduced bi valet
$ 8.23
$ 6.67
mamh
Na
Pw start review
Flush marker grave s ce
$ 55000
$ 550.00
Per gra"
00%
Upright memorial grave s ce
$ 650.00
$ 55000
per w spa.
00%
Second right of interment
$ 350.00
$ 350.00
per grave space
O D%
Baby section grew space
S 115.00
$ 115.00
per gra"
Flush marker cremation grave s ce
$ 350.00
$ 350.00
pw gnaw space
0.0%
Upright memorial cremation grave s
$ 650.00
$ 850.00
Par grave P.
0.0%
Cremation grew s
S 3500D
$ 350.00
per graw spami
0.0%
Columbarium Niches
Unit G- (Upper 3 rows
S 1,250 -00
S 1,250.00
pw niche
0.0%
Unit G - Lower2 rows
S 1,10000
S 1,100.00
par niche
0.0%
Unh E - (Upper 3 rows
S 1,40000
$ 1,400.00
iiernictie
00%j
Unit E- Lower2 rows
$ 1,100.00
$ 1,100.00
per nidw
0.0%
Replacement Bronze Plague
$ 300.00
$ 300.00
earn
0.0%
Weekday interment
$ 550.00
S 650.00
Par intennenl
0.0%
Weekend/Hohda interment
$ 800.00
$ 800.00
Par kaermenl
0.0%
Winter weekday intemtent
$ 750.00
$ 750.00
Par imemlrra
0.0%
Winter weekeldRldida interment
$ 900.00
$ 900.00
mmrmem
0.0%
Weekday Baby
$ 250.00
$ 250.00
Per kaemiwl
0,0%
WeekendlKohday Baby interment
1
$ 400.00
S 400.00
Par imemlwe
0.0%
Winter weekday Baby interment
1
$ 350.00
$ 350.00
per Interment
o.0%
Winter weekend/holiday Baby interment
$ 500.00
$ 500.00
per Interment
00%
Weekday cremation interment 1
S 300.00
$ 300.00
1 per imemiBre
0.0%
Vdaakend/Holiday cremation interment
$ 450.00
$ 450.00
w intarmem
0.0%
Winter weekday cremation interment
$ 400.00
$ 400.00
Per interment
0.0%
Wiener weekenciftholiday cremation interment
$ 550.00
$ 550.00
P. intwmwa
0.0%
Vaulted cremains additional charge)
$ 200.00
$ 200.00
as mquired
0.0%
May Include isrtp andfor u i,wi vns
Late charges funerals arrive after 4
$ 11500
S 115.00
as uked
0.0%
Disinterment
$ 1,150.00
$ 1,150.00
per diainimiam
0.0%
No weekend, holiday. wiener disinterment allowed
Holding vault tee
S 115.00
$ 115.00
u uind
0.0%
Free k anrrnwnl at Oakland Cemetery
State satfing perinit
$ 50.00
$ 50.00
Par memonal
00%
Gemetery deed transfer
S 15.00
$ 15.00
as reciuved
00%
Chapel rental r 1/2 day)
S 20000
9 200.00
as r ked
0.0%
Chapel use
M.
I ver.
I wrty c
vw,
pw hold wuk Nialaa cart
Memorial Bench Program
S- la brr
$ 500.00
$ 500.00
each
0.0%
Memorial Bench Program
Doubla li a
$ 800.00
$ 600.00
earn
0.0%
Memorial Bench Program
ErVav rbmwaeta
$ 250.00
S 250.00
090%
Commemorative Ketch P ram
No memorial on berth; laced Cart
S 2,000.00
$ 2;000.00
eadi
0.0%
Prices START M $2,0D0; actual price may ba
Commemorative Bench P rem
Record fee
$ 50.00
$ 50.00
each
0 0%
Far knee nol aduslly mlerreci (acaitered
el ei
Affidavit of Ownershil
Clam of awnereyi p by decent of tote
S 40.00
S 50.00
eam
25.0%
s
Maintenance Ranger Shop
5 1,200.00
$ 1,25000
Wannum
4.2%
Par P80 rvnbad none l schedulacl fa 2007.
City-owned hangers (Hangars #118 -1118
$ 36.75
$ 38.50
pw mo. tenant
4.8%
S5 Par month for nonresidence
Cit -0vrned ha em Han m #2/1 -2l8
3 63.00
$ 66.00
r mo. temvit
4.8%
Add 310 per monM la non- resitlenrs
Ci -Owned ha IS Ha m ti.312-4; 6-8
5 105.00
$ 11000
pw mo. (twont )
4.8% IMU
$10 per ma n Tor na+-re KWO
City4y hanCers (Hangars #3/1 & 315
$ 183075
$ 193.00
Per mo. tenant
5.0% 1A
$10 Per monm for name nts
Cityowned hangars (Han gam #411-4/8
S 105.00
5 110.00
per mo. (wenti
4.8%
Add $10 par mor th fm nonresidents
City-awned storage ces (Hangar
#3
n1a
we
marsh
Space M wl x31183/5
City-owned storage (Ha roar
W
40.00
$ 40.00
r mash
0.0%
Hemalnkg 2 stale in Hangar 4
Privately-owned hangar spates
General Aviation
$ 0.0315
S 00315
per sq. fl. /year
p.poA
M.Mnum al�wabm by conaad = 5% per
biennium (add m'10)
Privately -owned hangar spaces
`,��
$ 0.7040
S 0.1010
Per sq. R./year
0.0%
Maainr at wa6 by m ad = 5 % per
biennium (add in'10)
Fuel Sales - Aygas
$ 0.0714
0.07
wl,WDPM,SDld
0.0%
Maintananca of h ..
Fuel Sales - JetA
$ 0.07
1 $ 0.07
1 000 I. sold
0.0%
Me'paenarxs of hardware
riwltural Lease C and
$ 154.00
$ 154.00
acre
0.0%
84 scree tillable, more or loss (lease rate
1/9/07
ricultural Lease (Cropland)
$ MOO
$ 10000
pr acre
0.0%
110 sues tlllmlo, more a Ids scum of runway
nmltural Lease Ha
S 65.00
S 65.00
eve
0.0%
2a saes tilltllo, mae a leas veep of runway
1 r V Labor rate
$ 32.50
S 35.00
trour
7.7%
OT
2. Administration tae
rua
$ 25.00
Par ffoPaq
rva
Aerm MS4dW mr wnam eerviu.khw.•
3. Asphalt patchim
material
$ 185.00
$ 195.00
p, ton PWd
54%
Indudw rnw, agoinr+oraa mpesrrws
3a. Other materials
quoted
q
perwit
We
a suµ's deuslion.
4. Equipment rental rates
wMn op° by cb /tax
Heavy equipment
city leave rgmm nsMM4 uy opwemn wcey
Loadedgrader
$ 70.00
$ 70.00
penny
0.0%�qu
l�r°°r�°fwtivMaaagw.rrrbyPw
Loeder/srlow blower
S 95.00
$ 95.00
Parhav
0.0%Irow
s4iw. ban, to olnlemryatluiasd
TractarlLOaderMackhoe
$ 40.00
$ 4000
perhour
0.0%
^•'No wswpram may be orwrwd by oaui4a PSraas
May rader
$ 35.00
S 2000 .
hwr
-42.9%
um-p.wawimmwaar.4r
Skid steer loader
$ 25.00
$ 30.00
po four
20.0%
Grounds Equipment
Tractor, ricultu2l
5 85.00
$ 65.00
hour
0.0%
Bnrsh &Apper
$ 30.00
$ 30.00
per our
0.0%
Tractor. gmnds
$ 20.00
5 25.00
WI m
25.0%
Commercial mowers
S 20.00
$ 25.00
hour
25.0%
Street maintenance souioment
Street swee per
$ 75.00
$ 75.00
hour
0.0%
Street flusher
$ 30.00
$ 30.00
mrhwtx
0.0%
Vibratory roller, 88 alt bailer
$ 30.00
$ 3000
pwlour
0.0%
Air i:cynipressorhools
5 20.00
$ 20.00
per hour
O 0%
Sewer maintenerim equipment
Vector sewer cleaner
5 125.00
$ 130.00
W hour
4.0%
Vac -Afl catch basin cleaner
$ 65.00
$ 66.00
p, hour
00%
Pumps fless than 6"
S 15.00
$ 1500
W hour
0.0%
Punt 6" or over
3 25.00
5 25.00
pw hour
0.0%
Vehides
Aerial boom truck, forestry
$ 55.00
$ 6000
per hero
9.1%
Tandem -axis dun trucks
$ 50.00
$ 5500
Whow
10.0%
Single-axle snowplow trucks
$ 45.00
$ 5000
pw hour
111%
Sin le-exle trucks
$ 30.00
$ 3500
Par hex
16.7%
Medium duty trucks
$ .001
25.00
Whow
0.0%
1 ton trucks
$ 20.00
S 20.00
how
0.0%
Cam, trucks 3/4 ion and below
$ 15.00
Is 20.00
pa, how
s
E
Maintenance Hangar Shop
$ 1,260,00
$ 1,260.00
nnum
0 0%
Per FBO contrect Renewal scheduletl for 2007.
CI -Owned hap ars Han ars #1/9 -1/16
$ 36.75
$ 38.50
tenant
4.8%
Add $5 per month for non - residents
Gf -owned han ars Han ar5 #2/1 -2f8
$ 63.00
$ 66.00
tenant
4.8%
Add $10 per month for non - residents
Cit -owned han ar5 Han ar5 #3/2 -4; 6 -8
$ 105.00
$ 110.00
himaM)
4.8%
Add $10 per month for non- residents
Ci! -owned han afS Han ars #3/1 8 3/5
$ 183.75
$ 193.00
(tenanp
5.0%
Atltl $10 per month for non- reitlenls
Ci -owned han ars Han ars #4/1 -0/6
$ 105.00
$ 110 00
tenant
4.8%
Add $10 per month for non - residents
Cit awned story e s aces Han ar #3
me
n/a
onth
Space Ind. wl #3f1 a 315
Cit awned Story e S aces Hap ar
#4
40.00
$ 40.00
onth
0.0%
Remaining 2 stalls in Hangar 4
Privately -owned hangar spaces
General Aviation
$ 0.0315
$ 0.0315
.(t./year
0.0%
Maximum allowable by contract = 5% per
biennium (add ln'10)
Privately -owned hangar spaces
Commercial
$ 0.1040
$ 0.1040
per sq. fl /year
0.0 %Maximum
allowable by conLmd =5 %per
biennium (add in'10)
Fuel Sales - Av as
$ 0.07
$ 0.07
r 1000 al. sold
0.0%
Maintenance of hardware
Fuel Sales - JetA
$ 0.07
$ 0.07
r 1 000 al. scltl
0.0%
Maintenance of hardware
Agricultural Lease (Cropland)
$ 154.00
$ 154.00
per acre
0.0%
84 acres tillable, more or lees (lease rate
approved on 119107)
Agricultural Lease (Cropland)
$ 100.00
$ 100.00
per acre
0.0%
10 acres tillable, more or less south of runway
Agricultural Lease Ha
$ 65.00
$ 65.00
per are
00%
24 acres tillable, more or less west of runway
City of Hutchinson 2.15(p)
2009 Bulk Water Purchase Fee Schedule*
eas
Fee Amount`
Deposit for Key Rental
$40.00
Month or Partial Month Key Rental Fee
$40.00
Lost or Non - Returned Key
1 year charge
Per Load Fee - South Park, Filled by City Staff
$15.00
Per Load Fee - 2 Load/Day Max, Hydrant Fills
$20.00
* Relates to policy 2.18
.I--
H Rer xL.
Policy 222(e)
City of Hutchinson
2008 Water Turn -On Fee Schedule 2.15(q)
Less
Same Connection Service After Hours Weekends and Holidays 1 $3U.UU 1
Policy 2.17
MEMORANDUM
Date: January 2, 2009
To: Honorable Mayor and City Council
From: Melissa Reichl, Economic Development Assistant
Re: Business Subsidy Policy Update
The City needs to update its "Business Subsidies" criteria in response to changes made
by the 2008 Legislature.
To adopt these updates a public hearing is required. We are therefore requesting that a
public hearing be set for January 27, 2009.
Enclosed is a resolution calling for a public hearing to be set.
Please feel free to call me at 320 - 234 -5652 if you have any questions or need additional
information.
Thank you for your time and consideration.
U68 8
RESOLUTION NO. 13525
A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF
UPDATED CRITERIA FOR THE GRANTING OF BUSINESS SUBSIDIES
WHEREAS, Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Act°),
provides that the City, as a local government agency within the meaning of the Act, may
not grant a business subsidy, within the meaning of the Act, until it has adopted criteria,
following notice and a public hearing, for awarding business subsidies; and,
WHEREAS, amendments to the Act enacted by the 2008 Minnesota Legislature
require The City to update its Business Subsidies Criteria; and,
WHEREAS, there has been filed with the City Administrator a draft of proposed
updated criteria for the granting of business subsidies by the City;
THEREFORE, BE IT RESOLVED by the City of Hutchinson, that a public hearing
on the adoption of updated criteria for the awarding of business subsidies is hereby
called and shall be held on January 27, 2009, at 6:00 p.m., at the City of Hutchinson City
Council Chambers in City Hall, 111 Hassan Street SE, Hutchinson, Minnesota; and,
BE IT FURTHER RESOLVED by the City of Hutchinson, that the City
Administrator, or his designee, shall cause notice of the public hearing to be published in
a newspaper of general circulation in the City of Hutchinson at least once not less than
ten (10) days prior to the date fixed for the public hearing; and,
BE IT FURTHER RESOLVED by the City of Hutchinson, that a draft copy of the
proposed updated criteria for the awarding of business subsidies shall be available for
public inspection, following publication of the notice of public hearing at the Hutchinson
City Offices, between the hours of 8:00 a.m. and 4:30 p.m., on normal business days.
Adopted by the City Council this 13" day of January, 2009
Steven W. Cook
Mayor
ATTEST:
Gary D. Plotz
City Administrator
HUTCHINSON CITY COUNCIL
SUMMARY OF CLOSED MEETING PROCEEDINGS
CITY ADMINISTRATOR PERFORMANCE APPRAISAL
December 23, 2008
On December 23, 2008, the Hutchinson City Council closed its meeting at 4:40 p.m. to conduct
the performance appraisal for the City Administrator, Gary Plotz. Individuals present included
the Hutchinson City Council (Bill Arndt, Jim Haugen, and Casey Stotts), City Administrator
Gary Plotz, City Attorney Marc Sebora, and Brenda Ewing, Human Resources Director. Mr.
Plotz exercised his right to close the proceedings to the public.
The Council reviewed with Mr. Plotz his performance for the period of October 2008 to present.
The abbreviated review period is required to transition the City Administrator to the calendar
year review period in place for all regular City employees. The next scheduled review for Mr.
Plotz will be for the period of January 1 through December 31, 2009, and held in either
December 2009 or January 2010.
Performance was reviewed in the following performance areas applicable to the position:
Communications, Cost Consciousness, Delegation, Job Knowledge, Judgment, Innovation,
Leadership, Managing People, Teamwork, Planning & Organization, Problem Solving, Use of
Technology, and Quality. The appraisal system allows an individual to be rated on the scale of
ratings range including Unsatisfactory, Needs Improvement, Meets Job Requirements, Exceeds
Job Requirements, and Outstanding.
The consensus of the Council is that Mr. Plotz' performance for the review period was found to
be exceeding job requirements or outstanding in the competency area. Mr. Plotz presented to the
Council specific achievements for the review period. The list of achievements included the
following:
• Creek Side — The operation is anticipated to be profitable in 2008 and work continues to
attain profitability in 2009, also.
• Regional Survey — This project is still in progress. The eight outstate cities to which the
City will compare have been identified and suggestions have been received from the City
Council regarding specific items to compare. Due to the current staff workload, this
project has not been completed but continues to be worked on.
• Director Measurements — As part of the 208 review process, all City directors are
required to provide the City Administrator with two to three departmental measurements.
When compiled, these will be brought forward to the City Council for feedback and
suggestions.
• Policy Governance — This project continues and is moving along toward implementation.
The current and newly elected Council members have been participating in this process.
The identification of the Council ends statements is nearing completion.
• Climate Control Assessment — Since September 2008, a staff committee has been
addressing this item. To date, information on a 50/50 State funding grant has been
�()
obtained and will be sought. Staff has also identified a bio -mass project to provide
heating for City facilities to reduce energy costs.
Mayor Cook joined the closed session at 4:51 p.m.
■ Industrial Park Expansion (Hackbarth Property) — The City Council will be considering
the potential purchase of property to facilitate the expansion in closed session at the City
Council meeting later this evening.
Mr. Plotz was asked for suggestions to improve the overall City organization. Mr. Plotz
commented that the focus of the City may be changing significantly in the next few months due
to the identified and potential reductions in Local Government Aid (LGA) the City receives from
the State of Minnesota. The City will need to address the 2008 LGA unallotment, the 2009
budget, City bond rating implications, City structure and services, and other critical issues.
It was noted that the 2009 City Council will meet in January 2009 to identify specific goals and
objectives for Mr. Plotz for 2009.
Council Member Kay Peterson joined the closed session at 5:05 p.m.
Human Resources Director, Brenda Ewing, informed the City Council that Mr. Plotz' current
pay rate is at compa ratio 114.7 on the 2008 pay range. The maximum an employee may achieve
is 115 or 115% of the market rate for the pay grade. Depending on the performance appraisal
cumulative rating, he is eligible for a pay rate increase from 01/6 to .20 %, generally granted on
the 2009 anniversary. Due to recent action taken by the Council, all City employee wages will
be frozen in 2009, including Mr. Plotz' pay, unless and until future Council action would reverse
this decision.
If Council action is taken to reinstate the performance increases, but not the market increase, Mr.
Plotz' compa ratio will then be 112.3. This is due to the additional potential earnings associated
with the 3% market increase to the 2009 pay grid that would not be realized employees. Mr.
Plotz would then be eligible for up to a 2.4% increase.
Motion by Casey Stotts, second by Kay Peterson to assign a performance rating of 4.26
warranting a .20% performance /merit increase ( *) per the 2009 City of Hutchinson
Compensation plan, but noting the current wage freeze. The motion passed unanimously.
Motion by Casey Stotts, second by Steve Cook to reopen the meeting at 5:14 p.m. The motion
carried unanimously.
Motion by Bill Arndt, second by Casey Stotts to adjourn the meeting. The motion carried
unanimously, and the meeting adjourned at 5:15 p.m.
To; Mayor and City Council
This letter will serve as a request to accept the following contract. The Luthens' contract
is a renegotiation of a five year contract between Creekside and Skyview Dairy for the
purpose of purchasing finished manure compost. The amount of product will be
established each June by the amount of Creekside sales of composted manure. It is the
staff's recommendation to accept the contract as written.
Thank you for your consideration,
Doug Johnson
Creekside Manager
Creekside Soils
Cree%Side
Cmitside Organic Material Processing Facility
n,. 1500 Adams SL SE
Hutchinson, MN 55350.7011
320 -587 -6762 / Fax 320. 234 -5649
To; Mayor and City Council
This letter will serve as a request to accept the following contract. The Luthens' contract
is a renegotiation of a five year contract between Creekside and Skyview Dairy for the
purpose of purchasing finished manure compost. The amount of product will be
established each June by the amount of Creekside sales of composted manure. It is the
staff's recommendation to accept the contract as written.
Thank you for your consideration,
Doug Johnson
Creekside Manager
AGREEMENT ON COMPOSTED MANURE AND OTHER ORGANICS REVIEWED
Marc A. Sebora
City Attorney
This agreement is made and entered into by and between the City of Hutchinson, a
Minnesota municipal corporation, d/b /a Creek side Soils ( "Creek side ") and Sky View
Dairy, Inc. ( "Contractor "), owner and operator of dairy farm/composting site under this
agreement.
Purpose. The purpose of this agreement is to produce a composted manure
product suitable as a fertilizer for retail sales. This will happen from a process of
mixed solid animal waste at the dairy operation to be environmentally friendly
and sound.
2. Contract Duration. The term of this agreement shall be for a period of one yr.
from the date both parties have signed this agreement and may be extended for up
to one year by mutual agreement of both parties. Dates commencing January I't
2009 - August 1" 2009
3. Raw Materials. Raw materials for this product shall consist of cow manure and
straw and shall be provided by the Contractor. If organics other than
straw /sawdust or cornstalks are utilized for animal bedding, the City shall be
notified in advance and require City approval. Contractor shall be responsible for
placing the mixture of raw materials on a site to be approved of by both parties to
this contract in proportions acceptable to both parties. Creek side will be
responsible for maintaining porosity of windrows by routine pile maintenance.
Using the cell composting method.
4. Product Maturity. After initial processes to further reduce pathogens, routine
turning shall be required to determine when curing stage has been reached in each
cell. When the outside temperature is less than 20 degrees Fahrenheit, turning of
established cells shall not be required. Following active composting, compost
requires a curing period of at least one month to finish the process and allow the
compost to develop the desired characteristics for the intended use
6. Solvita and Final Testing. A representative sample (at least 20 sub samples) will
be collected by the Contractor and delivered to Creek Side for a preliminary
maturity test, Maturity means that more than 60% decomposition has been
achieved as determined by an ignition loss analysis and the passing of a solvita
test. In any event, product shall be allowed to cure until maturity has been
achieved on Contractor's site.
Final Manure Product Consistency Values — NPK Value and Solvita Value.
Acceptance of the furnished manure product is according to the following ranges
of a solvita reading:
Solvita 6.0 to 8 (manure)
Additionally, the finished raw material must meet the testing requirements of the
US Composting Council's Seal of Testing Assurance Program.
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9. Screening. After Solvita has passed, the City will Screen product and collect
final Composite Sample(s) for Batch Analyses. Creek Side will screen finished
product upon the Creek Side site at 1500 Adams St. SE unless other
arrangements, mutually agreed upon, are made.
10. Trucking and Bagging. Creek side will provide loader and Contractor shall
transport unscreened or screened mature product to the Creek side processing
facility located at 1500 Adams St. SE. Creek side will then bag this product or
combine this product with other materials for bagging a variety of products.
Contractor shall be responsible for disposal of the residual product. Or if desired
will negotiate price for residuals with Creek side
11. Rate of Payment. Contractor shall be paid $4.00 per cubic yard of screened
composted manure for the yr 2009. Payment from Creek side shall be due 30 days
after invoicing.
12. Permits. The Contractor is responsible for obtaining proper federal, state
(MPCA), county and township permits, as well as the recording, reporting and
compliance of such permits. The Contractor acknowledges receipt of August 13,
2002, letter from Roger Berggren relating the "Technical Guidelines for the
Stockpiling of Manure" regulated by the MPCA and the rules outlined in MN
Rule Chapter 7020 for manure compost sites.
13. Independent Contractor Status. Contractor and any sub - contractors are to be
and shall remain an independent contractor(s) with respect to any and all work
performed under this contract. It is agreed that nothing herein contained is
intended or should be construed in any manner as creating or establishing a
relationship with agents, partners, joint ventures or associates between the parties
hereto or as constituting as an employee of Creek side for any purpose or in any
manner whatsoever. It is agreed that Contractor shall determine his own work
hours and shall use his own equipment in fulfilling this contract. Contractor will
make arrangements with Creek Side to deliver product during regular working
hours. Contractor is responsible for providing his own insurance and shall pay all
state and local taxes, FICA and similar taxes.
14. Insurance. Contractor, and any sub - contractors, shall provide Creek side proof
of insurance. Creek side shall be named on Contractor's policy, and any sub-
contractor's, as an additional insured. The City shall be informed in advance of
any sub - contractor's involvement.
15. Hold Harmless. The parties to this contract, and any sub - contractors, agree to
hold each other harmless from any and all causes of action which may arise out of
the performance of this contract, which include, but are not limited to, claims for
personal injury, now or in the future, which may arise from trauma, disease,
pathogens or other unforeseen causes, environmental damage, or property
damage. The Contractor(s) holds the City harmless and states and acknowledges
that he does have and will have for the duration of this agreement and any
subsequent agreements all necessary permits, licenses and certificates required for
the purpose of this contract as may be required by any township, county, state
(MPCA) or federal agency or board.
("u)
16. Termination of Contract. Unless agreed upon mutually by both parties to
terminate this contract, a $10,000 penalty will be assessed to the responsible party
that terminates the contract prior to the expiration date.
Sky View Dairy, Inc.
Contractor
Date
Gary D. Plotz
City Administrator
Steve Cook
Mayor
Date
(' L�)
11 '&
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Dan Hatten, Director of Police / Emergency Management Service
DATE: January 5, 2009
RE: Southwest Metro Drug Task Force — Joint Powers Agreement
Attached to this memorandum is the Joint Powers Agreement for the Southwest Metro
Drug Task Force which requires the signature of the mayor and city administrator. It is the
purpose of the task force to reduce felony level drug trafficking.
This department has been a member of this group for more than 10 years. At this time we
also have a member of our department as an agent on the task force for the next
two years. The taskilifeit ' been reflected in the
2009 budget as reVor of ' , ii
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SOUTHWEST METRO DRUG TASK FORCE
JOINT POWERS AGREEMENT
The parties to this Agreement are governmental units of the State of Minnesota. This
Agreement is made and entered into pursuant to Minnesota Statutes Section 471.59.
SECTION I
GENERAL PURPOSE
1.1 The general purpose of this Agreement is to provide for an organization through which
the parties may jointly and cooperatively provide for the establishment and operation of a multi -
jurisdictional drug task force which will aid in reducing felony level drug trafficking within the
parties' jurisdictions.
SECTION H
DEFINITION OF TERMS
2.1 For purposes of this Agreement, the terms defined in this Section shall have the meanings
given them.
2.2 "Southwest Metro Drug Task Force" means the organization created pursuant to this
Agreement, which organization is hereinafter referred to as the "Task Force."
23 "Governing Board" means the Governing Board of Directors of the Task Force,
consisting of one director from each governmental unit which is a member of the Task Force.
2.4 "Governmental Unit" means any county, city, village, borough, town or other political,
subdivision of the State of Minnesota or any joint powers organization in the State of Minnesota.
2.5 "Member" means a governmental unit or joint powers organization which enters into
this Agreement and is, at the time involved, a party in good standing.
SECTION HI
3.1 Any Governmental Unit that has a law enforcement agency and is located in Hennepin,
Carver, Scott or McLeod County is eligible to be a Member of the Task Force.
3.2 A Governmental Unit desiring to be a Member shall execute a copy of this Agreement
and shall pay the established membership charges.
3.3 The initial Members shall be those Members who joined the Task Force as voting
Members on or prior to January 1, 2009.
342158W2 SJS SH155 -23 I
3.4 Governmental Units joining the Task Force after January 1, 2009, shall be admitted only
upon the favorable vote of two- thirds of the Governing Board of directors. The Governing
Board may impose conditions upon the admission of Members other than initial Members.
SECTION IV
BOARD OF DIRECTORS
4.1 Governing Board of Directors. The governing body of the Task Force shall be its board of
directors. The board of directors of the Task Force shall consist of the following: the chief law
enforcement officer of each Member or his or her designee ( "Governing Board ").
A. Governing Board directors shall be full -time peace officers employed by the
appointing Member.
B. Governing Board directors shall not be deemed to be employees of the Task Force
and shall not be compensated by the Task Force.
4.2 Duties of the Governing Board.
A. The Governing Board shall be responsible for the overall management and budget
of the Task Force.
B. The Governing Board shall coordinate information between the Members, the
Partners Against Drugs and the Task Force.
4.3 Powers of the Governing Board.
A. The Governing Board may adopt bylaws to govern its operation. Such bylaws
must be consistent with this Agreement and all applicable laws and regulations.
B. The Governing Board may enter into any contract necessary or proper for the
exercise of its powers or the fulfillment to its duties and enforce such contracts to
the extent available in equity or at law, except that the Governing Board shall not
enter into any contract in which the tern exceeds one year.
C. The Governing Board may contract with any Member to act as its fiscal agent and
provide budgeting and accounting services necessary or convenient for the
Governing Board, including maintaining the Task Force's financial records. Such
services may include, but are not limited to: management of Task Force accounts
and funds, payment for contracted services and other purchases, and bookkeeping
and recordkeeping services.
D. The Governing Board shall disburse funds in a manner which is consistent with
this Agreement and, if applicable, with the method provided by law for the
disbursement of funds by the Member under contract to provide budgeting and
accounting services.
342158+2 SJS SH155 -23 2
E. The Governing Board may apply for and accept gifts, grants or loans of money or
other property (excluding real property) or assistance from the United States
government, the State of Minnesota, law enforcement agencies, corporations,
non -profit corporations or any person, association, or agency for any of its
purposes; enter into any agreement in connection therewith; and hold, use and
dispose of such money or other property and assistance in accordance with the
terms of the gift, grant or loan relating thereto.
F. The Governing Board must obtain and maintain liability insurance in amounts not
less than the statutory liability limits established under Minnesota Statutes
Chapter 466. The Governing Board may obtain other insurance it deems
necessary to insure the Task Force, the Governing Board, the Members, the
Partners Against Drugs and employees of the Members for actions arising out of
this Agreement. The costs of liability insurance shall be payable from Task Force
funds. The Task Force shall not take any actions under this Agreement until such
liability insurance is in effect.
G. All powers granted herein shall be exercised by the Governing Board in a fiscally
responsible manner and in accordance with the requirements of law.
H. The Governing Board may cooperate with other federal, state and local law
enforcement agencies to accomplish the purpose for which the Task Force is
organized.
4.4 Terms. Appointees to the Governing Board shall serve at the pleasure of the appointing
Member, and may be removed only by the appointing Member.
4.5 Meetings. The Governing Board shall have regular monthly meetings. Special meetings
may be held by giving reasonable notice to all Members. At the meetings, the Governing Board
will establish and set policies and procedures for the Task Force, review the Task Force's
operational activities and expenditures and discuss other items related to the Task Force's
operations. The presence of a simple majority of the Governing Board directors shall constitute
a quorum. In the event that a director is unable to attend a meeting, the Member's chief law
enforcement officer may assign an alternate to attend and vote in his or her place.
4.6 Voting. Each Member shall have one vote at any meeting of the Governing Board.
Proxy votes are not permitted. The Governing Board shall function by a majority vote of
directors or alternate directors present, provided that a quorum is present.
4.7 Records. The Executive Director shall be responsible for maintaining all minutes,
records, books and reports of the Task Force. The books and records of the Task Force,
including the minutes and the fully executed original of this Agreement, shall be kept at the
office of the Task Force Commander.
34215M SJS SH155.23 3
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4.8 Organizational Structure.
A. The Task Force is a multi jurisdictional tactical unit consisting of Member
agencies. The Governing Board shall supervise the operations of the Task Force.
B. The Governing Board shall elect a Governing Board director to serve as the
Executive Director of the Task Force on an annual basis. The Executive Director
shall be responsible for presiding over Governing Board meetings, taking meeting
minutes and maintaining frequent communication with the members of the
Governing Board and the Task Force Commander.
C. The Governing Board shall appoint a Task Force Commander. The Task Force
Commander reports to the Executive Director. The Task Force Commander shall
be responsible for working with the appointed fiscal agent of the Task Force,
managing operational disbursements and applying for and managing any grants
that are received by the Task Force. The Task Force Commander has the
authority and responsibility of directing all Task Force investigator activities,
including, but not limited to, assigning work, transferring investigators,
developing best practices and policies for the Task Force, writing letters of
commendation for investigators, suspending investigators from Task Force duties
and ordering them back to their agency, recommending investigator assignment
cancellations to the Governing Board and evaluating the performance of the
investigators. The Task Force Commander must report on his or her activities at
least quarterly to the Governing Board.
SECTION V
PARTNERS AGAINST DRUGS
5.01 It is contemplated that certain Governmental Units may desire to follow closely the
activities of the Task Force, to receive detailed information about Task Force operations and
receive the Task Force services, but do not have the capacity to provide officers to serve on the
Task Force. Such Governmental Unit may affiliate with the Task Force as a "Partner Against
Drugs."
5.02 A Governmental Unit desiring to become a Partner Against Drugs may do so in the same
manner as is applicable to becoming a Member of the Task Force, except as otherwise provided
in this Section.
5.03 At the time of joining the Task Force as a Partner Against Drugs, the Governmental Unit
shall indicate to the Task Force in writing that it is not requesting to join as a Member but as a
Partner Against Drugs.
5.04 A Partner Against Drugs may appoint a representative and an alternative representative to
attend the meetings of the Governing Board but such representative (or alternate) shall be
without voting power, shall not be eligible to serve as the Executive Director or Task Force
Commander and shall not be counted for quorum purposes.
342158W2 SJS SH155 -23 4
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5.05 The Governing Board may establish the charges to be paid by Partners Against Drugs and
for that purpose it may classify Partners Against Drugs in accordance with their varying
circumstances.
5.06 Change in Status. A Partner Against Drugs may apply for membership status and
become a regular Member of the Task Force.
5.07 Withdrawal. A Partner Against Drugs may discontinue its association with the Task
Force at any time by giving written notice of withdrawal to the Executive Director of the Task
Force. No refund will be made by the Task Force of the annual contribution paid by the
withdrawing Partner Against Drugs.
SECTION VI
BUDGET AND FINANCE
6.01 Financial Records. The Task Force Commander must work with the Governing Board's
fiscal agent to maintain the Task Force's financial records. The financial records must detail the
Task Force's income and expenditures. They must be available for review at any time by the
Task Force Members.
6.02 Budget. By December 15th of each year, the Task Force Commander shall prepare a
budget for the following calendar year to be adopted by the Governing Board. The Governing
Board may amend the budget from time to time. Each Member shall have a line item in its own
budget dedicated to the Task Force.
6.03 Funding. The Members intend to fund the Task Force through federal and state grants
that are administered by the Minnesota Department of Public Safety and annual contributions
paid by each Member and the Partners Against Drugs. Assets seized and forfeited through
lawful channels by the Task Force shall become Task Force assets and may be used as
supplemental funding for Task Force operations and expenses. The Governing Board shall
establish the contribution amount for each Member and Partner Against Drugs. In the event that
the Governing Board is going to change a contribution amount for a particular Member or
Partner Against Drugs, it shall provide that Member or Partner Against Drugs with notice in a
sufficient amount of time so that the Member or Partner Against Drugs' council or board is able
to include the change in its Task Force contribution amount in its budget for the next year.
6.04 Accounting. All Task Force funds shall be accounted for according to generally
accepted accounting principles. A report on all receipts and disbursements shall be forwarded by
the Task Force Commander to the Governing Board monthly and on an annual basis. All
expenditures of the Task Force must be approved by the Governing Board.
6.05 Grant Requirements. The Task Force shall comply with all reporting requirements that
are required for any grants that it receives.
342158a2 S3S SH155 -23 5
SECTION VII
OPERATIONS
7.01 Task Force Investigators. The Task Force shall be composed of the Task Force
Commander and a certain number of Task Force investigators, who are licensed peace officers
which are employed and compensated by the Members' law enforcement agencies but shall
devote 100 percent of their time to Task Force operations. The Task Force investigators shall
work on behalf of the Task Force by gathering and acting on information and investigating
specific cases related to felony level drug distribution in the Task Force Members' and Partners
Against Drugs' jurisdictions. The Task Force Commander and Task Force investigators also
may assist Members and Partners Against Drugs' law enforcement agencies in investigations,
provide Members and Partners Against Drugs' law enforcement agencies with technical advice
and support, and provide needed equipment to Members and Partners Against Drugs, if
available. The number of Task Force investigators shall be determined from time to time by the
Governing Board. Task Force investigators shall have discretionary powers of arrest in all
Members and Partners Against Drugs' jurisdictions, pursuant to Minnesota Statutes Section
471.59, subdivision 12.
7.02 Reimbursement for Assignment of Task Force Investigators. The Task Force
Commander and the Task Force investigators shall be employed and compensated by the
Members' law enforcement agencies. The Task Force shall reimburse Members who assign their
officers to the Task Force a certain rate as set by the Governing Board from time to time.
7.03 Assignment of a Task Force Investigator. A Task Force investigator's assignment to
the Task Force shall be considered a privilege. If any investigator is not performing at an
acceptable level, or violates the Task Force's policies or procedures, the Task Force Commander
shall have the authority to send the investigator back to his or her agency for the remainder of his
or her shift. The Task Force Commander must then contact the investigator's supervisor or chief
law enforcement officer regarding the issue. The Task Force Member, as the investigator's
employer is responsible for taking any disciplinary action or making any change in assignment
that it decides is appropriate. Any change to an investigator's assignment to the Task Force must
be approved by the Governing Board.
7.04 Location of the Task Force. Task Force investigators shall be located at the SCALE
Regional Public Safety Training Facility. The Task Force investigators' daily Task Force
activities will be supervised and coordinated by the Task Force Commander. All Task Force
equipment, information and records shall be stored at the SCALE Regional Public Safety
Training Facility.
7.05 Information and Records. The Task Force Commander shall be responsible for
maintaining an intelligence database for the Task Force. This database should contain
information relevant to a suspect's personal information and any alleged criminal activity. Task
Force investigators shall be responsible for promptly entering relevant intelligence information
into the Task Force intelligence database. Task Force investigators shall also be responsible for
maintaining their own informant usage and reliability records at the direction of the Task Force
Commander. The Task Force Commander shall also maintain a statistical recordkeeping system
342158J2 SJS SH155 -23
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that contains information relevant to all Task Force arrests, property seizures, controlled
substance seizures and forfeitures. Task Force investigators must timely file all required Task
Force reports, documents and other administrative and case work with the Task Force
Commander.
7.06 Task Force Investigator Training. Task Force investigators assigned to investigate
narcotics violations are encouraged to obtain training in the following areas prior to assignment
or as soon as reasonably practical thereafter: i) search warrants/entries/raid planning and
execution; ii) civil process /forfeiture procedures; iii) evidence
collection/ testing/ handling/packaging/documentation; iv) surveillance techniques/counter
surveillance awareness; v) electronic surveillance device usage/capabilities/limitations; vi)
formal complaints/charging; vii) covert operations/plainclothes /undercover operations; viii)
interview /interrogation/statements; xi) crime scene management; and x) investigative strategies.
SECTION VIII
EQUIPMENT AND PROPERTY
8.01 Property. All individually owned property brought by a Member or Partner Against
Drugs into the Task Force shall remain the property of that entity. Any property purchased by
the Task Force shall remain the property of the Task Force. In the event the Task Force is
disbanded, the remaining property owned by Task Force shall be distributed equally to the
current Members of the Task Force.
8.02 Equipment Damage. Each Member or Partner Against Drugs shall be responsible for
damage to or loss of its own equipment occurring during Task Force operations. Each Member
or Partner Against Drugs waives the right to sue the Task Force and any other member or Partner
Against Drugs for any damages to or loss of its equipment, even if the damages or losses were
caused wholly or partially by the negligence of any other Member or Partner Against Drugs or
their officers, employees or agents.
8.03 Vehicles and Equipment. Members shall provide employees that are assigned to the
Task Force with a weapon and a cell phone. The Task Force may issue additional equipment to
its personnel as necessary. The Task Force shall provide all assigned employees with a Task
Force -owned vehicle, which will be maintained and insured by the Task Force. Members shall
be responsible for providing fuel for the vehicles.
8.04 Forfeitures. Assets seized and forfeited through lawful channels by the Task Force will
be Task Force assets and will be used as supplemental funding for Task Force operations.
Forfeited funds, once cleared by the district court will be distributed by the Task Force according
to Minnesota Statutes. The Task Force's portion of these funds will be used by the Task Force to
offset any of the matching funds budgeted items. These funds will also be used by the Task
Force in conjunction with local match dollars to continue Task Force operations should the grant
amount be reduced or the grant is denied. The Task Force Commander, in conjunction with the
Task Force fiscal agent, is responsible for keeping all financial records relating to the
disbursement of forfeitures. Forfeited items such as jewelry, vehicles, or real estate may be sold
34215812 S3S SH155 -23 7
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or disposed of by the Task Force in a manner permitted by law. All firearms seized by the Task
Force must be first offered to Members for law enforcement use. The remaining firearms will be
destroyed if they are deemed unusable by the Task Force.
SECTION IX
EMPLOYEES
9.01 Workers' Compensation. Each Member and Partner Against Drugs shall be responsible
for injuries to or death of its own employees in conjunction with services provided pursuant to
the Agreement. Each Member shall maintain workers' compensation coverage or self- insurance
coverage, covering its own personnel while they are assigned to the Task Force. Each Member
waives the right to sue any other party for any workers' compensation benefits paid to its own
employee or their dependents, even if the injuries were caused wholly or partially by the
negligence of any other Member or Partner Against Drugs or its officers, employees or agents.
9.02 Governing Board directors, the Executive Director, the Task Force Commander and all
Task Force investigators shall remain employees of the Member that has assigned them to the
Task Force and shall be compensated by that Member, not the Task Force. Appointments of the
Executive Director and the Task Force Commander shall require the concurrence of the
employing Member's chief law enforcement officer.
SECTION X
INDEMNIFICATION
10.01 The Task Force shall be considered a separate and distinct public entity to which the
Members and the Partners Against Drugs have transferred all responsibility and control for
actions taken pursuant to this Agreement. To the fullest extent permitted by law, actions by the
members and Partners Against Drugs pursuant to this Agreement are intended to be and shall be
construed as a "cooperative activity" and it is the intent of the Members and the Partners Against
Drugs that they shall be deemed a "single governmental unit" for the purposes of liability, as set
forth in Minnesota Statutes Section 471.59, subdivision 1 a (a); provided further that for purposes
of that statute, each Member and Partner Against Drugs expressly declines responsibility for the
acts or omissions of the other party. The Members and Partners Against Drugs are not liable for
the acts or omissions of the other Members and Partners Against Drugs except to the extent to
which they have agreed in writing to be responsible.
10.02 The Task Force shall defend, indemnify and hold harmless the Members and Partners
Against Drugs against all claims, losses, liabilities, suits, judgments, costs and expenses arising
out of action or inaction of the Governing Board, its directors, the Executive Director, the Task
Force Commander and other employees or agents of the Task Force pursuant to this Agreement.
The Task Force shall defend and indemnify the employees of any Member acting pursuant to the
Agreement except for any act or omission for which the Member's employee is guilty of
malfeasance, willful neglect of duty or bad faith. This Agreement to defend and indemnify does
not constitute a waiver by the Task Force or any Member or Partner Against Drugs of the
limitations on liability provided by Minnesota Statutes Chapter 466.
342158J2 SJS SH155.23 8
SECTION XI
DURATION, DISSOLUTION OF THE AGREEMENT
11.01 Dissolution. This Agreement shall remain in full force and effect unless a majority of the
Members' governing bodies vote in favor of dissolution, if dissolution is necessitated by
operation of taw as a result of a decision by a court of competent jurisdiction, or when a majority
of remaining Members agree to terminate the Agreement upon a date certain.
11.02 Withdrawal. Any Member may terminate its participation in this Agreement upon 30
days' written notice to the Governing Board. No refund will be made by the Task Force of the
annual contribution paid by the withdrawing Member. All rights to Task Force funds and assets
are relinquished by the Member upon withdrawal. Withdrawal by any Member shall not
terminate this Agreement with respect to any parties who have not withdrawn. Withdrawal shall
not discharge any liability incurred by any Member prior to withdrawal. Such liability shall
continue until discharged by law or agreement.
11.03 Effect of Termination. Termination of this Agreement shall not discharge any liability
incurred by the Task Force or by the Members during the term of this Agreement. Upon
termination of this Agreement and after payment of all outstanding obligations, property,
equipment or surplus money held by the Task Force shall be disbursed as follows:
A. All individually -owned property and equipment brought into the Task Force by a
Member remains the property of that Member, even if the Member is no longer a
Member of the Task Force; and
B. Any remaining property, equipment and any surplus money owned by the Task
Force shall be distributed equally to the current Members.
SECTION XH
AMENDMENT
12.01 Modification. This Agreement sets forth all understandings of the Members and
Partners Against Drugs. All prior agreements, understandings, representations whether
consistent or inconsistent, verbal or written, concerning this Agreement, are merged into and
superseded by this written Agreement. No modification or amendment to the Agreement shall
be binding on any Member or Partner Against Drugs unless each Member and Partner Against
Drugs agrees in writing to the proposed change or amendment.
12.02 Submittal. Any Member or Partner Against Drugs wishing to submit an amendment to
this Agreement shall do so by submitting a written proposal to the Governing Board at a
regularly scheduled or special meeting. The Governing Board shall forward the proposed
amendment, with a recommendation, to each Member and Partners Against Drugs within 90
days of receipt of the proposed amendment.
342158J2 SJS SH155 -23 9
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12.03 Response to Proposed Amendment. Each Member and Partner Against Drugs shall
respond to a proposed amendment within 60 days of receipt from the Governing Board. If no
response is received from any member, the amendment is deemed to be rejected.
SECTION XIII
MISCELLANEOUS
13.01 Data Practices. The Members and Partners Against Drugs agree to comply with the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all
data created, collected, received, stored, used, maintained or disseminated by the Task Force. If
a Member or a Partner Against Drugs receives a request to release the data referred to in this
section, it must immediately notify the Task Force Commander. The Task Force Commander
will give the Member or Partner Against Drugs who has received the data request instructions
concerning the release of the data to the requester before the data is released.
13.02 Audit. The books, records and documents relevant to this Agreement are subject to audit
by the Members, the Partners Against Drugs and the State of Minnesota at reasonable times upon
written notice.
34215W S1S SH155 -23 10
IN WITNESS WHEREOF, the undersigned Governmental Unit has caused this Agreement to
be signed and delivered on its behalf.
(Name of Governmental Unit)
Un
Its:
Its:
Dated: 120—.
342158J2 SJS SH155 -23
C
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of Items for 2009 Pavement Management Program Phase 1
(Letting No. 3/1 roject No. 09 -03)
DATE: February 13, 2009
City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the above
referenced project at the February 10th City Council meeting. A neighborhood meeting will be held with the property
owners that are adjacent to the project on February 0 prior to the Public Hearing. This project includes the street
rehabilitation of McLeod/6ih Ave NE from TH 15 to Bluff St. and sidewalk construction along McLeod/e Ave, TH 15
and Bluff St.
We recommend that the attached Resolutions and Notices be approved as described above.
w: Gary Plom City Administrator
RESOLUTION NO. 13521
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
LETTING NO.3
PROJECT NO. 09-03
WHEREAS, it is proposed to improve:
Mcleod Ave NE (TH 15 to Prospect), 6th Ave NE (Prospect to Bluff), sidewalk construction
along TH 15 (5th Ave NE to North High), sidewalk construction Bluff St NE (5th Ave to 6th
Ave) and wetland mitigation area construction by roadway rehabilitation and utility
infrastructure installations by construction of lateral storm sewer, drain the installations,
lateral watermain, lateral sanitary sewer, surface reclamation, grading, aggregate base,
concrete curb and gutter, bituminous base, bituminous/concrete surfacing, sidewalks/trails,
landscaping, street lighting, restoration and appurtenances, and
WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT, the proposed improvement be referred to the City Engineer for study and that he is instructed
to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the
proposed improvement is feasible and as to whether it should best be made as proposed or in connection with
some other improvement, and the estimated cost of the improvement as recommended.
Adopted by the Council this 13th day of January 2009.
Mayor: Steven W. Cook
City Administrator: Gary D. Plotz
Ell
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HUTCHINSON PUBLIC WORKSJENGINEERING DEPARTMENT
f City Cadmq 1 t home St SF1HWIlimm MN 35330 - 2522)320- 2344209/FAX 3W2:3f- M
ENGINEERING REPORT & FEASIBILY]ry STUDY
TO: Mayor and City Council
FROM: Kent Exner, City Engineer
DATE: January 13, 2009
SUBJECT: Letting No. 3/Project No. 09-03
I have studied the following proposed improvements and find that the proposed project is feasible and recommend it
be constructed:
L3/P09 -03 McLeod Ave NE (TH 15 to Prospect), 6th Ave NE (Prospect to Bluff), sidewalk consbWlon along TH
15 (5th Ave NE to North High), sidewalk construction Bluff St NE (5th Ave to 6th Ave) and wetland
mitigation area construction by roadway rehabilitation and utility infrastructure installations by
construction of lateral storm sewer, drain the installations, lateral watermain, lateral sanitary sewer,
surface reclamation, grading, aggregate base, concrete curb and gutter, bituminous base, bituminous
surfacing, sidewalks/trails, landscaping, street lighting, restoration and appurtenances.
0 0.
RESOLUTION NO. 13522
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
LETTING NO.3
PROJECT NO. 09-03
WHEREAS, pursuant to a resolution of the Council adopted January.13TH, 2009, the City Engineer
has prepared a report with reference to the improvement of:
McLeod Ave NE (TH 15 to Prospect), 6th Ave NE (Prospect to Bluff), sidewalk construction
along TH 15 (5th Ave NE to North High), sidewalk construction Bluff St NE (5th Ave to 6th
Ave) and wetland mitigation area construction by roadway rehabilitation and utility
infrastructure installations by construction of lateral storm sewer, drain file installations,
lateral watermain, lateral sanitary sewer, surface reclamation, grading, aggregate base,
concrete curb and gutter, bituminous base, bituminous/concrete surfacing, sidewalksttrails,
landscaping, street lighting, restoration and appurtenances, and
said report was received by the Council on January 13th, 2009.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. The Council will consider the improvements of such streets in accordance with the reports and the
assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota
Statutes, Chapter 429, at an estimated total cost of the improvement of $930,000.00.
2. A public hearing shall be held on such proposed improvements on the 10th day of February, 2009,
in the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and
published notice of such hearing and improvements as required by law.
Adopted by the Hutchinson City Council this 13th day of January 2009.
Mayor: Steven W. Cook
City Administrator: Gary D. Plotz
E
City of Hutchinson
Public Works Department
Operations & Maintenance
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 2344219 Fax (320) 234 -6971
January 7, 2008
To: Honorable Mayor & City Council members
From: John Olson, Public Works Manager
Subject: Mosquito Control Contract
The City's mosquito control services appear to have improved life in Hutchinson. Last fall's vote
for a special levy of up to $35,000 per year for 3 years for mosquito control passed 60.3% to
39.7 %.
The levy referendum of up to $35,000 represents a 20% decrease in funding for this service, so
some changes to the adulticide program are included in the proposed agreement. The proposal
was structured with fewer scheduled adulticide treatments. The City retained the option for
additional adulticide treatments, applied when needed, based on inspection and/or light trap
counts. Larvacide treatments with 150 -day briquettes will be done in detention ponds and
wetlands accessible to the City. These treatments will be paid for out of the City's Storm Water
Utility.
I recommend this proposal. Citizens have authorized a levy for this service, and this proposal
provides good service for the funding available. This proposal addresses key weeks during the
mosquito season with scheduled service, while allowing for several optional applications. This
proposal should help the City meet both citizens' expectations and the budget.
To keep 3 -year costs at no more than $35,000 per year, Clarke has offered a 3 -year contract for:
Larval control: Paid for through Storm Water Utility Funds $ 1,750
Scheduled adulticide: $3,185 per treatment (6 ea.) $19,110
Additional unscheduled adulticide: $3,185 per treatment (4 ea.) $12,740
Light trap monitoring (2 traps): $1,320 per trap (2 ea.) $ 2,640
Additional barrier control application: $ 510 per special event (1 ea.) $ 510
Total adulticide $35,000
Total $36,750
In 2009, payment to Clarke would be $35,000 prior to April 1, 2009
In 2010, payment to Clarke would be $35,000, less unused items in 2009, prior to April 1, 2010
In 2011, payment to Clarke would be $35,000, less unused items in 2010, prior to April 1, 1011.
6N)
MOSQUITO CONTROL HISTORY
Since 2005 we have contracted with Clarke Environmental Mosquito Management, Inc. (formerly
Professional Mosquito Control, Inc.) to provide these services. History of the City of
Hutchinson's mosquito control budgets follows:
2005 $19,259.46 for larvacide treatment only (150 -day briquettes) for all detention ponds and
wetlands accessible by the City. Applied by City staff.
2006 $32,470.00 for adulticide treatment ($30,470); Larvacide mosquito breeding site
study ($2,000)
2007 $36,709.68 for adulticide treatment & larvacide treatment based upon inspection
2008 $45,819.45 for adulticide treatment ($32,154.65), Larvacide treatment based upon
Inspection ($12,410.80) and light trap monitoring ($1,254.00)
In 2008, charges were based on 100 centerline miles of street treated with adulticide on a
weekly basis for 11 weeks (2008 = 6/2, 6/9, 6/16, 6/23, 6/30, 7/7, 7/14, 7/28, 8/11, 8/25).
Larvacide was based on two monthly inspections, with treatments applied based on
inspection findings. Light traps were placed in strategic locations and were monitored
weekly.
2009 Proposed — $35,000.00 for adulticide treatment ($19,110 for scheduled service, $12,740
for unscheduled service, $2,640 for light trap monitoring, and $510 for one special event
barrier application). $1,750 for larva control paid for out of Storm Water Utility funds.
Unused services (unscheduled adulticide applications and/or special event barrier control)
will be deducted from the following year's payment due by April 1 of each year of the 3-
year contract.
(. N)
Clarke Environmental Mosquito Management Inc.
Professional Services Outline
For the City of Hutchinson
Environmental Mosquito Management Program
Part I. General Service
A. Public Relations and Educational Brochures
B. Comprehensive Insurance Coverage
C. Program Consulting and Quality Control Staff
D. Periodic Advisories, and Annual Report
E. Regulatory compliance on local, state, and federal levels
Part II. Larval Control
A. larval Site Monitoring and Inspections
1. Treatment of retention ponds as outlined for the spring of each year with 150 Day
briquettes. 1 Treatment on or around June 1° Q $1750.00
Part III. Adult Control
A. Adulticiding in Residential Areas:
1. 8 Scheduled weekly Community -wide truck ULV treatments of up to 100 miles
with a synthetic pyrethrold base insecticide at $3185.00 per treatment.
2. 4 Additional open schedule of Community -wide truck ULV treatments for the
following (7 -20, 7 -27, 8 -3, 8-10) of up to 100 miles with a synthetic pyrethroid
base insecticide at $3185.00 per treatment. These additional treatments will be
approved by the City of Hutchinson 5 days prior to the due date for scheduling
3. 1 Barrier Application at selected park to coincide with activities @ $510.00 per.
4. 2 Light Traps with weekly monitoring at $440.00 per month for (June, July, &
Aug.) City of Hutchinson will supply power to the locations of the Light Traps.
The City of Hutchinson will be responsible for damage, or loss of Light Traps
placed in public areas.
B. Adulticiding Operational Procedures
1. Notification of community contact.
2. Weather limit monitoring and compliance.
3. Notification of residents would be handled by the City of Hutchinson.
4. ULV particle size evaluation.
5. Insecticide dosage and quality control analysis.
(P N)
Clarke Environmental Mosquito Management, Inc.
Client Agreement and Authorization
The City of Hutchinson
Environmental Mosquito Management Program
1. Program Payment Plan: For Parts I, 11, III, as specked in the 2009 - 2011 contract.
Payment due prior to April 1 of each year 2009 - 2011.
Larval Control $ 1,750.00
6 weekly scheduled Adult Control $19,110.00
4 Additional unscheduled Adult Control $12,740.00
2 Light Trap Monitoring $ 2,640.00
1 Barrier Control Application $ 510.00
Total $36,750.00
Payments in 2010 and 2011 will be adjusted for unused services in prior years.
For City of Hutchinson:
Sign Name:
Title:
For Clarke Environmental Mosquito Management, Inc.:
Date:
Name: John P Kreyer Sr. Title: Control Consultant Date:
(,N)
Clarke Environmental Mosquito Management, Inc.
Client Authorization
The City of Hutchinson
Environmental Mosquito Management Program
Administrative Information:
Invoices should be sent to:
Name:
Address:
City: State: Zip
Office Phone: Fax: E -Mail
Purchase Order Number:
Treatment Address ilf different from above):
Address:
City: State: Zip
Contact Person for City of Hutchinson:
Name: Title:
Office Phone: Fax: E -Mail:
Home Phone: Cell: Pager:
Alternate Contact Person for City of Hutchinson:
Name:
Office Phone: Fax:
Home Phone: Cell:
Title:
E -Mail:
Pager:
Please sign and return a copy of the complete contract for our files to:
Clarke Environmental Mosquito Management, Inc., Attn: John P Kreyer Sr.
20061 Edison Cir E, Clearwater, MN. 55320 or Fax at (320) 558 2223
1� L�)
PC(. 12r ZZ'or
111 Hum Stmt Southeast -
HuWhinsw, MN 55350
(320)587- 5151/Fax:(320) 2344240
City Of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349
All applications must be received at least 30 days before event in order to be considered
a Short Term Date(s) O L S30.00
Month/D ear -Mont D /ear
T/fL //y7rMr -dSaJ iZ.07,10,)e FO41JDA7=di 320- Sp -7 - 0
Name Phone Number
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Address where regular .meeting are held City State Zip
Day and time of meetings? W E� h e5 A ew3 &7(- ,/ y01
Is this organization organized under the laws of the State of Minnesota? A yes ❑ no
How long has the organization been in existence? 2 00 / How may members in the organization? cl +
What is the purpose of the organization? 12 u i S2 ar4 tdml USfeg- - e 4 JS 4, char/; .-
In whose custody will organization records be kept? 0.l A pueposeS -
D cth 6 nse(,/ 7 -JIS-6
Name Phone Number
131 Somer* i+7rpr + Si2s:F—T &X'YC'Lrd.j / kJ sssss
Address city State zip
l 11UNam (A. 9s2g7a.?68S
True Name Phone Number
46T O loNkp4iew Ltgvw Mnut& MIt/ 6-596
Residence Address Cityc State Zip
Date of Birth: 7 / 31 / 19 SO Place of Birth: cJ�. L4u ( S M Q
Month/dayf),ear City State
Have you ever been convicted of any crime other than a traffic offense? O yes Xno
If yes, explain:
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Page 2 of 3
Gar la Re«ewski se7 -8797
True Name Phone Number
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Residence Address City State Zip
Date of Birth: /2 1 /b / S % Place of Birth: i A1O
Month/dayfyear City I State
Have you ever been convicted of any crime other than a traffic offense? ❑ yes Id'no
If yes, explain:
How long have you been a member of the organization? Since Z40.0
Gameflnfbrnudan
Location #1 1
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Name of locati/o /n where game will be played Phone Number
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Address of location where a will be played City State Zip
Date(s) and/or day(s) gambling devices will be used: Z O through Z' 09
AM AM
Hours of the day gambling devices will be used: From _ : ♦70 110 To 10.496 (P-0
Maximum number of player: 3S-0
Will prizes be paid in money or merchandise? AL money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used? 9 yes ❑ no
If yes, will a charge be made for such refreshments? Nr s ❑ no
Gamy lnformatiod ,
Location #2
Name of location where game will be played Phone Number
Address of location where game will be played City State Zip
Date(s) and/or day(s) gambling devices will be used: through
AM AM
Hours of the day gambling devices will be used: From pM To PM
Maximum number of player:
Will prizes be paid in money or merchandise? Cl money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no
If yes, will a charge be made for such refreshments? ❑ yes ❑ no
"100 Tors ka r eij Lan e /",j sss 6 Y
Residence Address City State Zip
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Name Title
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Reside *e Add less City
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State Zip
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City ofHWaWn n
Amikaamrfor Bingo Cmeblbg Dr*w License
Page 3 of
Cara Rel'Ab Lis ki
Name
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Residence Address
T('PCcSyr er
Title
llr. Va I M>✓ S.s3S-0
Title
City State Zip
Name I Title
Residence Address City State Zip
Name
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws,
ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson
Ordinance 114.20 and Minnesota Statutes Chapter 349)7
Gambling Manager )ryes Cl n0vj� — Authorized Officer )(yes O no
Initial Initial
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No.
114.20 relating to gamblir%*d I will familiarize myself with the contents thereof.
City Council 13 approved
U denied Notes:
/J-/6 - OS
Date
/& —
Date
Ut
111 Hassan Street Soatlteest
Hutchinson, MN 55350
(320) 587- 5151/Fax: (320) 2344240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349
All applications must be received at least 30 days before event in order to be considered
Agg :. .
A Short Term Date(s) 04104,12009 —
Fee: $30.00
on�Lif t /1 Dear— Month/D
/Year
/,v 46 !27,4 PkEaT AtIWMe5 AiSOC /A77OA�
Gt?orL! ?t rE�P f%A Cff�{1°TL�725
Name
Phone Number
/( 816 Mlv NIUY 22-
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Address where regular meeting are held
City State Zip
Day and time of meetings? ✓B' Y 8 gu TUB'.
OF F,9Cff A10&7i'1 Z-15 P, M .
Is this organization organized under the laws of the State of Minnesota? M yes ❑ no
How long has the organization been in existence? 17 yes How may members in the organization? 3 20
What is the purpose of the organization7,$"7� dW
— OF ZM;e IU)aeR f{eA=A(ij._
In whose custody will organization records be kept?
F/RB�n LUA1Q4V
324- 693-2737
Name
Phone Number
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Address
001 State zip
3240- 593 -7647-
Phone Number
.322- W. l2iPLc y �A -S 355
Residence A s Ci y l State Zip
Date of Birth: AC / / 1 /.?60 PlaceofBirth:.G.,( "-4CA-�/eld M yY
Manth1daylyear City State
Have you ever been convicted of any crime other than a traffic offense? Q yes I(no
If yes, explain:
CiyofHwchh wn
Applicatlanfor BLW GambiftDevkw Geenee
Page 2 of 3
3Z0- 69,3- 2737
Phone Number
2 01000 - (000 RY Z /TC/✓Fi/o A'IA/ 55355
Residence Address City State Zip
Date of Birth: —4�:(J q / 9e / I 5 f Place of Birth: 4
Month/day/),ear City State
Have you ever been convicted of any crime other than a traffic offense? C3 yes A no
If yes, explain:
How long have you been a member of the organization?
C ,1'._ 111 I�S11 :_.l Ref
111cLE0b (O'VAVZ-y F,g /RGROUAIDS 3za687 -2499
Name of location where game will be played Phone Number
840 CA TU25/ frtd, 5w_ 114=,11f 1Ak5',O.1 Mni. 55350
Address of location where game will be played City State Zip
Date(s) and/or day(s) gambling devices will be used: Q4LO412tla q through
AM AM
Hours of the day gambling devices will be used: From 4: /JO Cp[> To //; © O CPR)
v
Maximum number of player: LL Q O
Will prizes be paid in money or merchandise? ❑ money 'merchandise
Will refreshments be served during the time the gambling devices will be used? W yes ❑ no 69 T297?
If yes, will a charge be made far such refreshments? IN yes ❑ no /iA4e7 F10fA✓ Z,6-6,1041
C3 y .
96
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Location #2
Name of location where game will be played Phone Number
Address of location where game will be played City State Zip
L/ TcrtiF /6Zb
Date(s) and/or day(s) gambling devices will be used: through
5535
AM AM
City
Hours of the day gambling devices will be used: From PM To PM
Zip
Maximum number of player:
- R- zP9(Scr2s-
Will prizes be paid in money or merchandise? ❑ money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no
If yes, will a charge be made for such refreshments? ❑ yes ❑ no
Name
Title
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5535
ResideneeAddress
City
State
Zip
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Title
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State
Zip
City ofHrich0mn
Applimilm for Bbgo Cw nbift Devkea Lken
Page 3 of
/1.1:liniUAi
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws,
ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson
Ordinance 114.20 and Minnesota Statutes Chapter 349)7
Gambling Manager )K yes ❑ no Authorized Officer )4 yes 13 no 149
Initial Initial
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No.
114.20 relating to gambling and I will familiarize myself with the contents thereof.
Internal Use only
City Council proved O denied Notes:
02 009
Date
ZP -.Pow
Date
Name
Tide
plc/ DOGE 5`7''
M ,/
553Sa
Residence Address
City
State
Zip
Name
Title
Residence Address
City
State
Zip
Name
Title
Residence Address
Ci
State
zip
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws,
ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson
Ordinance 114.20 and Minnesota Statutes Chapter 349)7
Gambling Manager )K yes ❑ no Authorized Officer )4 yes 13 no 149
Initial Initial
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No.
114.20 relating to gambling and I will familiarize myself with the contents thereof.
Internal Use only
City Council proved O denied Notes:
02 009
Date
ZP -.Pow
Date
CITY OF HUTCHINSON
MEMO
Finance Department
January 8, 2009
TO: MAYOR 6 CITY COUNCIL
FROM: JEREMY CARTER, FINANCE DIRECTOR
SUBJECT: REQUEST FOR PROPOSAL - ACTUARIAL SERVICES
The Governmental Accounting Standards Board (GASB) requires all
government entities to implement GASB 45 "Accounting and
Financial Reporting by Employers for Post Employment Benefits
Other Than Pensions" (OPEB).
The City of Hutchinson for Fiscal Year End 2008 is required to
implement this new accounting standard. Failure to implement this
new standard would be a departure from Generally Accepted
Accounting Principles (GAAP) and put the Certificate of
Achievement for Excellence in Financial Reporting in jeopardy.
The Request for Proposal (RFP) would be sent to multiple
actuarial firms with certified actuarial staff to provide the
unfunded liability schedule along will all financial statement
notes to satisfy GASB 45 requirements.
If any council member would like to be a part of the review
committee once the RFP's are received please let the City
Administrator know. The turn around on the RFP's will be short as
time constraints on the implementation deadline are quickly
approaching.
There are sufficient funds within the 2009 Finance departments'
budget to account for these services. No additional funds are
required.
Once reviewed the request would be for Council approval issuing an
RFP.
H: \DOC \City council memo l.doc
City of Hutchinson RFP
For Implementation of GASB Statement 45
I. Overview
The City of Hutchinson is seeking proposals from a single qualified provider (Consultant)
to assist in an actuarial valuation of post employment benefits, other than pensions, in
compliance with Governmental Accounting Standards Board (GASB) Statement 45 and
provide assistance with the implementation required by this statement. The Governmental
Accounting Standards Board (GASB) of the Financial Accounting Foundation sets
reporting standards for preparation of financial reports for state and local governments.
In June of 2004, GASB issued Statement 45 — Accounting and Financial Reporting by
Employers for Post Employment Benefits Other Than Pensions, which establishes
standards for measurement, recognition, and display of other post employment benefits
(OPEB) expenses /expenditures and related liabilities, note disclosures, and required
supplementary information (RSI) in the financial reports of state and local government
employers. The requirements of Statement 45 for Hutchinson are effective for periods
beginning after December 15, 2008.
In addition to issuing Statement 45, GASB also issued Statement 43 — Financial
Reporting for Postemployment Benefit Plans Other Than Pension Plans which applies to
OPEB trust funds. At this time the city has no OPEB trust fund established for Post
Employment Benefits, however, this might be an option in the future. This proposal also
covers Statement 43 in the event that OPEB trust funds may be established during the
duration of the contract.
After proposals are received, proposed costs for the actuarial services will be reviewed.
Proposers are asked to detail their costs and make any suggestions of work that can be
accomplished by staff in order to keep the costs as reasonable as possible. The city will
issue a contract to the Consultant, which will be tailored to the specific needs and time-
line. The city may decline to execute a contract with the Consultant.
II. Consultant Requirements
The city is seeking a single provider of these actuarial services who shall have a
minimum of five (5) years experience in providing accounting, actuarial and financial
services to governmental entities in the area of financial reporting and health benefits,
preferably with recent experience with GASB Statement 43 or 45. Primary staff with
responsibility for administration of the contract resulting from this RFP is to have a
minimum of three (3) years experience in accounting, financial reporting and actuarial
work for governmental entities. Please provide a list of governmental references for
which you have provided GASB 43 and/or GASB 45 services.
The Project Manager and Supervisor are required to be Certified Public Accountants
(CPA) or Certified Actuaries. The individual(s) responsible for the actuarial valuation
are to be members of the American Academy of Actuaries and have knowledge and
cp C9
experience with all actuarial standards and practices adopted by the Actuarial Standards
Board. The responsible individual(s) for the accounting activities shall be a Certified
Public Accountant.
III. Background
The City of Hutchinson has distinct employee health benefit plans. All are subject to the
provisions of state law, MS 471.61, subd. 2b, that allow a former employee and the
employee's dependents to continue to participate indefinitely in the employer- sponsored
hospital, medical, and dental insurance group that the employee participated in
immediately before retirement. All are subject to the provisions of Minnesota
Continuation Laws under primarily MS Chapter 62A and the Consolidated Omnibus
Budget Reconciliation Act (COBRA) that allow former employees to continue health
care benefits for generally up to 18 months. All are subject to MS 299A.465 which calls
for the employer to continue to pay the employer share of costs for health insurance
premiums for a disabled public safety officer and his or her dependents until the former
employee reaches age 65. All comport to the requirements of the Internal Revenue Code
for funding "welfare benefits" including IRC 83(h).
It is envisioned that this work will commence in early 2009. The final report provided by
the actuarial firm shall be completed by May 8s', 2009 to allow adequate time to review
and incorporate the information into the city's Comprehensive Annual Financial Report
(CAFR) ending December 31, 2008.
The fiscal year end for the city ends on December 31. The City of Hutchinson is
currently audited by the CPA firm ABDO EICK & MEYERS LLP. Information
regarding the city's retiree health & dental plan and contract requirements can be found
in an Appendix to this RFP.
IV. Scope of Work
A. Project Scope
The city is seeking a single provider of these services, however proposers may
subcontract a portion of the work, but there must be a single firm identified to
serve as the overall project manager and to be accountable for the total work
program proposed. All subcontractors must be clearly identified in the proposal
and all subcontractor agreements in place at the time of the final contract award.
Such agreements must be available for inspection by the City upon reasonable
notice.
B. Duration of Contract
It is anticipated that the consulting relationship will extend beyond the initial three
years identified by this RFP for subsequent actuarial valuations and reports that
are required under the provisions of GASB 45. The Consultant should provide
(.0c�)
the costs for the additional services required to prepare the valuation and reports
for the next three year period as part of its proposal.
V. Specific Project Requirements
A. The Consultant will be required to conduct an actuarial valuation of post
retirement health plans as of a date established by the city. The valuation should
be based on long -term benefit projections for all covered OPEB groups based
upon their respective eligibility requirements (retirement and disability) and based
upon their respective demographic actuarial assumptions. The projection should
address and highlight the following assumptions for eligible employees and their
spouses:
1. Employee Turnover,
2. Retirement Age,
3. Disability Retirement Age,
4. Mortality,
5. Projected Medical Premium Increases, Healthcare Cost Trends for our Region
and Inflation,
6. Amortization Timeframe, and
7. Investment Return and Projections of this Fund
The valuation will quantify the unfunded actuarial accrued liability and calculate
the annual required contribution as required by GASB Statement 45. This initial
actuarial valuation report should provide sufficient information to comply with
both existing accounting and actuarial guidelines and should also include as a
minimum:
• Development of optimum actuarial funding methods and amortization
periods.
• Recommendation of additional steps to comply with applicable generally
accepted accounting and/or actuarial principles.
• Actuarial analysis and other data necessary for each entity to complete their
Annual Financial Reports, including information necessary for the notes to
the financial statements and required supplementary information (RSI),
including responding to inquiries by auditing firms derived from their
review of the Actuarial Valuation Report.
• Information useful in assessing future potential demands on the city's cash
flows.
In addition to the initial valuation the Consultant should plan on preparing the
subsequent triennial valuation and report.
B. In addition to the basic services of providing an actuarial valuation, the other
services may be required, but may not be limited to, the following with costs to be
determined on an hourly rate:
(�O (�)'
Telephone conferences with the actuary on pending or anticipated issues
which may affect the actuarial report.
Technical advice regarding Employee Contracts and their impact on future
liabilities.
VI. General Project Requirements
A. Overall Project Management
The successful proposer will be required to work closely with the designated
Project Manager from the city. Similarly, the successful proposer(s) will be
expected to identify an individual who will serve as the key contact person and to
specify other staff that will perform various tasks. Any substitutions of
Consultant's staff during the course of the contract must be agreed upon by the
individual contract holder in advance.
City of Hutchinson Contact: Jeremy Carter, Finance Director
City Center.
111 Hassan Street SE
Hutchinson, MN 55350
320 - 234 -4241
320 - 234 -4240 -fax
jcarter@ci.hutchinson.mn.us
City of Hutchinson Contact: Brenda Ewing, Human Resources Director
City Center.
111 Hassan Street SE
Hutchinson, MN 55350
320 - 234 -4213 — phone
320 - 234 -4240 -fax
bewing@ci.hutchinson.mn.us
B. Audit/Public Information Requirements
Pursuant to Chapter 6.551 of the Minnesota Statutes, the successful proposer will
be required to maintain all books, documents, papers, account records, and other
evidence pertaining to work performed under any Agreement issued in such a
manner as will readily conform to the terms of such Agreement and to make such
material available at proposer's office at all reasonable times during the
Agreement and thereafter up to six (6) years for audit or inspection by the City
and their respective auditors, or any other authorized individuals. The successful
proposer will also be required to comply with the data practices requirements
contained in Minnesota Statutes, Chapter 13.05.
(, CY- )-
VII. Required Information /Content of Proposals
A. Content
To facilitate review of the information submitted, proposals must contain the
following information presented in the order shown:
Proposal Form duly signed by a person authorized to make representation for
the proposer.
2. Cover letter describing firm including, but not limited to number of
employees, locations, years in business, the professional credentials of the
primary staff who will be working on the project and their years of
experience, etc.
3. Description of proposer's overall approach or solution
a. Approach, rationale
b. Use of subcontractors and their roles and responsibilities
c. Overall project manager
VIII. Instructions for Submitting Proposals
A. Copies and Closing Date
Proposals should be submitted to the City of Hutchinson by e- mailing them to
jcarter ,ci.hutchinson.mn.us. One record copy should be submitted by mail with
the name of the company and the words "GASB Statement 45 RFP" clearly
labeled on the outside to City of Hutchinson, 111 Hassan Street SE, Hutchinson,
MN 55350. The top page of the record copy must include an original signature by
an individual who is authorized to make representations and commitments on
behalf of the proposer. Failure to include this original signature may result in the
disqualification of the proposal. Proposals are due by January 30th, 2009.
B. Public Information
Only the name of a responder's data submitted by a business in response to the
Request For Proposal becomes public information. All other data in the response
to the Request For Proposal is private or nonpublic data until completion of the
evaluation process. "Completion of the evaluation process" means that the City
of Hutchinson has completed negotiating the contract(s) with the selected vendor.
After the city has completed the evaluation process, all remaining data submitted
by all responders are public with the exception of trade secret data as defined and
classified in Minn. Stat.§ 13.37. A statement by a responder that submitted data
are copyrighted or otherwise protected does not prevent public access to the data
contained in the response. Proposals submitted in response to an RFP become the
property of the City of Hutchinson and will not be returned.
C. Questions
For general questions contact Jeremy Carter, Finance Director of the City of
Hutchinson, at 320 - 234 -4241 or at jcarter @ci.hutchinson.mn.us.
(, (-)C)-
General Terms and Conditions
Non - Assignability
The Consultant shall not assign any interest in an agreement arising out of this RFP and
shall not transfer any interest in the same, whether by subcontract or assignment without
the prior written consent of the city.
2. Indemnification
The Consultant shall indemnify, hold harmless and defend the city, its officials, agents,
and employees against any and all liability, losses, costs, damages, expenses, claims or
actions, including attomey's fees, which the city, its officials, agents, or employees may
hereafter sustain, incur or be required to pay, arising out of or by reason of any act or
omission of the Consultant, its officials, agents or employees, in the execution,
performance, or failure to adequately perform actuarial or accounting obligations
pursuant to an agreement arising out of this RFP.
3. Alteration
Any alteration, variation, modification, or waiver of the provisions of an agreement
arising out of this RFP shall be valid only after it has been reduced to writing and duly
signed by both parties.
4. Independent Consultant
It is agreed that nothing contained in an agreement arising out of this RFP is intended or
should be construed as creating the relationship of agents, partners, joint ventures, or
associates between the parties to an agreement arising out of this RFP or as constituting
the Consultant as the employee of the city for any purpose or in any manner whatsoever.
The Consultant is an independent consultant and neither it, its employees, agents, nor
representatives are employees of the city. From any amounts due the Consultant, there
will be no deductions for federal income tax or FICA payments, nor for any state income
tax, nor for any other purposes which are associated with an employer - employee
relationship unless required by law. Payment of federal income tax, FICA payments, and
state income tax are the responsibility of the Consultant.
5. Insurance Professional and Personal Services
It is the responsibility of the Consultant to purchase and maintain such insurance that will
protect the Consultant from claims which may arise out of or result from operations of
the Consultant under the terms of an agreement arising out of this RFP.
However, the Consultant shall purchase and maintain the following insurance coverage.
a. Professional Liability/Errors and Omissions
b. Workers' Compensation as required by Minnesota Statutes
c. General Liability
The Consultant shall not commence work until the city has executed an agreement arising
out of this RFP; the city will not execute an agreement arising out of this RFP until the
Consultant has submitted proof of coverage in compliance with the requirements of this
paragraph to the city. Such coverage is to remain in effect throughout the term of an
(.0 Cy)-,
agreement arising out of this RFP and evidence of such shall be provided throughout the
term of an agreement arising out of this RFP. The Consultant shall provide copies of all
insurance policies to the city upon written request of the city.
All Certificates of Insurance shall provide that the insurance company gives the
contracting city thirty (30) days prior written notice of cancellation, non - renewal and/or
any material change in the policy.
The above sub - paragraphs establish minimum insurance requirements, and it is the sole
responsibility of the Consultant to purchase and maintain additional insurance that may
be necessary in connection with an agreement arising out of this RFP.
6. Compliance with Applicable Law
The Consultant agrees to comply with all federal, state and local laws or ordinances, and
all applicable rules, regulations, and standards established by any agency of such
governmental units, which are now or hereafter promulgated insofar as they relate to the
Consultant's performance of the provisions of an agreement arising out of this RFP. It
shall be the obligation of the Consultant to apply for, pay for and obtain all permits
and/or licenses required by any governmental agency for the provision of those services
contemplated herein.
7. Access to Documents
Until the expiration of six (6) years after the furnishing of services pursuant to an
agreement arising out of this RFP, the Consultant, upon written request, shall make
available to the city, the State Auditor or the contacting city's ultimate funding sources, a
copy of an agreement arising out of this RFP and the books, documents, records and
accounting procedures and practices of the Consultant relating to an agreement arising
out of this RFP.
8. Data Practices
All data collected, created, received, maintained or disseminated for any purpose in the
course of the Consultant's performance of an agreement arising out of this RFP is
governed by the Minnesota Government Data Practices Act, Minn. Stat, Ch. 13, or any
other applicable state statutes, any state rules adopted to implement the Act and statutes,
as well as federal statutes and regulations on data privacy.
9. Conflict of Interest
The Consultant will affirm that, to the best of the Consultant's knowledge, the
Consultant's involvement in an agreement arising out of this RFP will not result in a
conflict of interest with any party or entity which may be affected by the terms of an
agreement arising out of this RFP. The Consultant agrees that, should any conflict or
potential conflict of interest become known to the Consultant, the Consultant will
immediately notify the city of the conflict or potential conflict, specifying the part of
agreement arising out of this RFP giving rise to the conflict or potential conflict, and will
advise the city whether the Consultant will or will not resign from the other engagement
or representation.
4�
10. Unavailability of Funding
The purchase of services from the Consultant under an agreement arising out of this RFP
is subject to the availability and provision of funding from the United States, the State of
Minnesota, or other funding sources. The city may immediately cancel an agreement
arising out of this RFP, or a portion of the services to be provided under an agreement
arising out of this RFP, if the funding for the services is no longer available to the city.
Upon receipt of the city's notice of cancellation of an agreement arising out of this RFP,
or of a portion of the services to be provided under an agreement arising out of this RFP,
the Consultant shall take all actions necessary to discontinue further commitments of
funds to the extent they relate to an agreement arising out of this RFP or the portions of
an agreement arising out of this RFP for which funding has become unavailable.
11. Interpretation of An Agreement Arising Out of this RFP; Venue
An agreement arising out of this RFP shall be interpreted and construed according to the
laws of the State of Minnesota. All litigation regarding an agreement arising out of this
RFP shall be venued in the appropriate state or federal district court within the
contracting city.
12. Firearms
No provider of services pursuant to an agreement arising out of this RFP, including but
not limited to employees, agents or subcontractors of the Consultant shall carry or
possess a firearm on the city's premises or while acting on behalf of the city pursuant to
the terms of an agreement arising out of this RFP. Violation of this provision shall be
considered a substantial breach of the agreement arising out of this RFP; and, in addition
to any other remedy available to the City under law or equity, violation of this provision
is grounds for immediate suspension or termination of this contract.
13. Equal Employment Opportunity
The city provides equal opportunity to all employees and applicants for employment in
accordance with applicable Equal Employment Opportunity/Affirmative Action laws,
directives and regulations of federal, state and local governing bodies or agencies thereof,
specifically Minnesota Statute 363.
The city will not discriminate against or harass any employee or applicant for
employment because of race, creed, religion, national origin, sex, mental or physical
disability, age, marital status, or status with regard to public assistance, sexual
orientation, familial status or politics.
8 cD C9
Appendix A:
Health Plan numbers:
Single member #'s
Family member #'s
Dental Plan numbers:
Single member #'s
Family member #'s
The following information can be provided for each participant by the City of Hutchinson upon
contract finalization:
❑ Name
❑ Status (active, disabled, retired, beneficiary)
❑ Social Security Number (or insurance participant number)
❑ Gender
❑ Date of Birth
❑ Date of Hire
❑ Date of Retirement
❑ Type of medical coverage (single, couple, family)
❑ Spouse date of birth (as applicable and available)
❑ Salary (most recent year only)
❑ Life Insurance Amount
Written documentation of the benefit plans along with any recent plan or benefit changes with
effective dates can be provided by the city.
In addition, current monthly premium rates paid by the employer and employee along with the
most current years of claims experience can be provided. Any additional information will be
made available upon request.
v-9
TO: Mayor & City Council
FROM: Gary D. Plotz, City Administrator
DATE: January 8, 2009
SUBJECT: ATM Machine in City Center Lobby
Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350.2522
320 - 587- 515LT= 320-234 -4240
An ATM machine is hereby requested to be purchased and placed in the City Center
lobby. Based on the expected revenue the ATM machine will have of payback within 4 —
l2 months, staff feels this will be beneficial to the City.
Since this is a capital expenditure, this purchase would be an exception to our internal
policy because of the short payback period.
I recommend the purchase of the ATM machine.
Printed on recycled paper -
(0c�
To: City Council
From: Marilyn Hed
Subject: ATM
We have checked with our local banks to have an ATM in our Iobby
to make it easier for our citizens to purchase tabs at our office. I have
received other quotes from vendors which has brought me to the conclusion
of purchasing a machine to put in the lobby for all citizens access for other
city fee transactions such as water, utility and garbage.
With the purchase of this machine we will retain the service fee of $2.50
for each transaction.
Also I have checked with the Cokato office for motor vehicle and they have
had an ATM in their office for over a year and are satisfied.
(.0c�
C" OfA.0k, Purchase Requisition Purchase Order Number
Department: Motor Vehicle
Account #
Date: January 8 2009
Submitted by: Marilyn Had
Check the appropriate box. Is item budgeted? YES NO
If not budgeted, where will the money come from?
Initial approval in the space provided
I Dept Head
Director
Finance Director
City Administrator
Invoice To:
Ship To: (if different address)
Attn: Hutchinson Motor Vehicle
i4ttn'
111 Hassan St Se
Check if only source available and state reason
Hutchinson Mn 55350
Vendor Name: United Cash Solutions
Contact Name:
Joe Harvey
Customer Acct No:
Reference No:
Phone No: 1- 320 - 761 -7434
Fax No:
Address:
800 Cummings Center
Beverly MA 01915
Comments:
Check if only source available and state reason
QUANTITY
DESCRIPTION
UNIT PRICE
TOTAL
1
NH 1500 ATM
$2995.QO
SUBTOTAL
TAX (6.5 %)
SHIPPING CHARGE
TOTAL DUE
194.67
$3189.67
RECEIVING INFORMATION: Date Received: Received by: Invoice Amount Verified by:
List additional quotes and comments on the reverse side of this form. (You may attach quote sheets if available)
cp C�
If you are behind on your mortgage payments, a'wrorkout" may be available through your lender.
Workouts are special arrangements to bring your loan current and prevent foreclosure. Not all of these
options may be right for you; talk with your lender to find out which ones are available. Ask for any
proposed workout to be sent to you in writing before you agree to it. If you have questions or need help
understanding a workout option, contact a foreclosure counselor.
Options for remainina in your home:
Reinstatement: A reinstatement is when you pay the full amount you owe (total of past due
monthly payments plus all fees) in a lump sum by a specific date.
Repayment plan: Under a repayment agreement, you would make your regular monthly
payment to your lender plus some extra each month to catch up over several months.
Forbearance: If you have the resources to bring your loan current but need time to get the total
amount, your lender may approve a forbearance agreement to temporarily reduce or suspend
your payments. Forbearance is often combined with a reinstatement if you know you will have a
lump sum of money available at a future date to pay the total amount you owe.
Loan Modification: In a loan modification, you would typically have to pay some of the amount
you owe, and then the rest of the amount you owe would be added back into your loan. This
could result in a change in your monthly payment amount. Some loan modifications involve
changing the interest rate from an adjustable rate to a fixed rate, or extending the number of
years to repay the loan. You may need a short-term forbearance before a loan modification is
approved; during this time you would save money for the loan modification to demonstrate that
your situation has stabilized.
Partial Claim or Partial Release: If your mortgage is insured, you may qualify for a low interest
or interest -free loan to bring your loan current through the insurer (usually FHA). This loan
would be repaid at a later date, usually when you pay off your first mortgage or sell your home.
Options for moving out of your home:
Pre - Foreclosure Sale or Short Sale: If you can no longer afford your home, this option
involves selling your house to prevent foreclosure. If you owe more on the home than its value,
your lender may agree to accept less than what is owed on the mortgage. Typically you would
need a 3 -5 month period for your real estate agent to sell the house to a qualified buyer. There
may be income tax consequences with a short sale; talk to a tax preparer to find out.
Deed -in -lieu: If you can no longer afford your home, another option may be a deed -in -lieu of
foreclosure, when your lender may agree to forgive the debt you owe if you sign over (give
back) the property. Typically you would first have to try to sell the home for 90 days before the
lender would consider this. If you have a second mortgage or judgment on the property, a deed -
in -lieu may not be an option. There may be income tax consequences with a deed -in -lieu; talk to
a tax preparer to find out.
Minnesota+
Home Ownership
0 2008 Minnesota Home Ownership Center r -PntPf
The term "redemption period" refers to the period of time after a foreclosure sale (sheriffs sale) has been held. For
residential property in Minnesota, the redemption period is typically six months, but in some cases twelve months.
The length of the redemption period is listed on the sheriff's sale notice.
What happens Aqdm the redemption period?
• The homeowner can continue to live in the home until the end of the redemption period.
• If the owner wants to keep the property, the owner must pay off the entire balance of the existing
mortgage. The past due payments of a mortgage loan cannot be "caught up" after the sheriffs sale.
• The owner has the right to sell the home and retain any equity that may exist. If there is equity, selling the
home is always preferable to losing the equity at the end of the redemption period. Seek a free market
analysis from several reputable real estate agents to determine a realistic value of the home.
• After the sheriffs sale date, interest continues to accrue daily at the note rate, which increases the
outstanding loan balance.
• The owner has the responsibility to pay utilities and keep the property maintained.
• The owner should keep homeowners insurance in place.
• The redemption period can be shortened to 5 weeks if a judge determines that the property has been
"abandoned" and is no longer occupied or maintained.
What happens at the end of the redemption period?
• whoever holds the sheriff's sale certificate becomes the rightful owner of the property.
• The owner should vacate the property. They cannot legally remain in the residence.
• If the owner has not moved out by the end of the redemption period, they will be asked to vacate the
premises by a specific date. If they do not comply, the new owner can evict them by filing an "unlawful
detainer", which goes on record and can negatively affect future credit.
• If the mortgage company is the new owner, they will sell the property. If the house sells for more than
what was owed, the mortgage company will keep any excess proceeds.
Other Issues:
Filing bankruptcy may extend the redemption period 60 days from the date filed. This may allow time to complete a
sale of the property, and to retain equity. Seek legal advice if this option is considered.
Some lenders may offer an incentive where homeowners receive up to $2000 for moving out before the end of the
redemption period. For loans that are FHA insured, this is called "Cash for Keys" and is for up to $1000. Contact the
lender to ask if this incentive is available, and under what conditions.
If there are loans or liens on the property in addition to the mortgage that foreclosed, the unpaid loans /liens may
remain as unsecured, personal debts to be paid even after the property changes ownership. If there is more than
one mortgage, be sure to seek advice from a qualified foreclosure counselor or attorney.
There are tax consequences of foreclosure; seek advice from a qualified tax professional about how this applies.
This information is a general guide and not intended as legal advice.
The above does not apply to contract for deed cancellations or mobile home repossessions.
i1 t
L Lutheran Soci�f Minnesota l Service Home Ownership
Center
s 651 65993:50 051.659. 95 IS
fi01 !r 866.4b7. 5466
Source: LSS Financial Counseling Your Rights During the Redemption Period fact sheet www.noa *in. ory
Foreclosure Process In Minnesota
Foreclosure by lavcrtrsement
Lender calls
and sends
letter(s) to
homeowner.
Collections
department
continues
calls and
letters.
30 -day
default letter
sent to
homeowner.
Collections
efforts
continue.
Transfer to
foreclosure
department.
'Notice of
Intent to
Foreclose'
sent to
homeowner.
Account
forwarded to
foreclosing
attorney.
Legalfees
accrue.
Attorney
sends notice
to
homeowner.
Foreclosing
attorney
schedules
Sheriffs Sale
date.
Occupant
served with
notice of
Sheriffs Sale.
(Four weeks
before sale.)
Sheriff's Sale
occurs.
(Deadline to
bring
mortgage
current.)
Sheriffs Sale
6 month redemption period
date
immediately follows Sheriffs
published for
Sale. Homeowner retains right to
6 consecutive
occupy house and payoff entire
weeks.
mortgage including fees. Must
pay off mortgage or vacate house
by end of redemption period or
face eviction.
Lender has right to refuse partial payments. Late fees charged each month.
Homeowner has right to reinstate by paying delinquent amount including all fees.
NOTE.
This document represents average timeframes and will vary by lender. Information is not presented as legal advice.
2008 Minnesota Home Ownership Center
�
1
Minnesota `r t
Home Ownership
Center www.hocmn.org
CALL TO ACTION
Spread the word about upcoming Borrowers Workshops.
-1
Minnesotat : t
Home Ownership
Center p ti91.059.9336 - a- 651.659 9518
r R if.',, 866 462 6466
wv v. hoano.ory
These open -house events are geared towards reaching distressed homeowners early, before they risk
losing their home to foreclosure. Trained counselors and lending volunteers will be on hand to meet
with homeowners one -on -one to help them understand the foreclosure process and learn what steps
they can take to avoid foreclosure.
Lead homeowners to foreclosure prevention counseling.
Our network counselors have the capability and skills to work with homeowners at all stages of the
process, whether they are worried about their interest rate resetting, having trouble making payments,
or facing foreclosure. To find a foreclosure prevention provider in your area, call the Minnesota Home
Ownership center at 651- 659 -9336 or visit www.hocmn.org
n -a,_h roiisurners.
• Spread our flyers around.
• Get us the name of your local reporter / media rep.
• Sponsor or coordinate a mass - mailing.
Schedule a Foreclosure Prevention Training Workshop.
We would love to present today's workshop to others at your organization. If you can coordinate SO-
100 people to attend the presentation, the Center can take this presentation 'on the road.'
;ua „w;p for our ListServe — And get others to do the same.
Get the most up -to -date information about homeownership in Minnesota, including practical
foreclosure prevention resources, legislative updates, and foreclosure prevention workshop
announcements. Sign up today, or email ed @hocmn.org
Give us feedback.
What haven't we thought of yet? Do you know of any resources or events that the Minnesota Home
Ownership Center should be aware of?
Share your thoughts with the staff of the Center at 651- 659 -9336.
DATE:
TO:
FROM:
CC:
SUBJECT:
Background:
MEMORANDUM
January 7, 2009, for the January 13, 2009 City Council Meeting
Hutchinson City Council
Rebecca Bowers, AICP, Planning, Zoning and Building Director
Gary Plotz, City Administrator
Vacant Housing Issues and Research
The city has been encountering an increasing number of problems due to vacant houses
from foreclosures. As directed by the City Council, staff has been researching the vacant
housing problem and how other cities are dealing with the problem.
Some of the problems that result from vacant houses are negative impacts to
neighborhoods such as junk, garbage and overgrown lawns and weeds from lack of outdoor
maintenance, damage to the housing stock due to disconnected utilities, such as water
leaks, broken pipes, and flooded basements. Broader potential issues affecting the city
could be declining property values, blight, increased vandalism and crime.
Research:
The attached spreadsheet gives a sample of how cities are dealing with the vacant housing
problem. The main area of concern is unoccupied, unsecured and dangerous or nuisance
properties. As expected, larger cities such as Minneapolis, have more in depth programs
due to the larger number of vacant houses. Cities with registration programs use the
registration fees as a method to recoup some of the costs of dealing with vacant properties,
such as staff time, costs of securing the home and boarding windows.
Some cities have limited involvement with vacant structures, such as shutting off water and
only dealing with exterior code violations. Minneapolis is aggressively monitoring vacant
homes, ordering rehab and demolishing substandard structures. Attached are two
examples of recently adopted ordinances, Brainerd and Burnsville, for your review.
Brainerd's ordinance does not require registration, but authorizes the Building Official to
order vacant homes to be secured and has a process for recovering costs. Burnsville's
ordinance requires registration, interior inspection, and approval before occupancy of the
building is allowed.
Policy Questions:
Attached are a few policy questions that staff is requesting feedback on in order to develop
a program and vacant house ordinance that meet's the Council's objectives. Staff will be at
the meeting to provide additional information and answer questions.
9�)-
City Council Memo
January 13, 2009
Vacant Housing Issues
Page 2
Policy Ouestions on Vacant Houses
1. Timing of City involvement and how pro- active do we want to be?
• Respond based upon complaints only?
• Require registration of all vacant homes and actively seek out vacant homes from Sheriff
Sale list and utility shutoffs?
2. If secured and no obvious Code violations, should the City require vacant registration?
3. Is the City mostly concerned about exterior conditions (blight, garbage, weeds) or should we
be involved with the interior condition of the home and utilities.
• Try to prevent damage due to water breaks and freezing?
4. Who pays for services and when? Registration fees or charges billed or assessed if not paid.
Bill charges to property owner. If bills not paid, delinquent fees assessed to property.
Registration fees would only be an estimate of possible charges. Consider charging for
excessive consumptions of services.
Abatement fees should be punitive to avoid the City being used as property maintenance
service.
5. How often should we monitor these homes and required conditions before occupancy
• Exterior /safety monitoring only?
• Require interior inspection and compliance with code violations before legal to occupy?
Q(a
City Time Frame for Registration Registration Fees Method of Fee Collection Primary Concern Utility Shutoff
4noka Within 30 days of vacancy $250 plus 112 of permit fee Within 30 days, prior to issuing permit Unoccupied, unsecured, and/
or dangerous buildings
Brainerd Registration not req'd. Secure/monitor Within 30 days, assessed 0 defaulted on Securing vacant buildings,
vacant, unoccupied, hazard
Brooklyn Center Within 30 days of vacancy Not yet determined in fee ached Council certifies costs against property Vacant props inviting to
vandals, illegal occupancy
Brooklyn Park Registration not req'd. Vacant or likely to become
Notify water dept., shut
vacant buildings
off at curb stop
Burnsville Within 30 days of vacancy Nominal insp fee, and annual Within 30 days, prior to issuing permits Unoccupied, unsecured,
If water is off, shut off
adminlmonitori g fee Delinquent fees are assessed and/or dangerous buildings
& turn on hies apply
Columbia Heights No registration, C. of O. is revoked, prop. posted Insp fee req'd prior to issuing Abandoned properties
new C. of O.
Coon Rapids No registration. Building is secured if vacant. Assessed a monitoring fee
$140 excessive services fee
Minneapolis Within 5 days of becoming vacant. $6000 annual registration fee
St. Paul Within 30 days of becoming vacant. $1000 annual registration fee
$426 insp fee, $5000 bond
Assessed to property Vacant, unsecured, and
nuisance buildings
Within 5 days of vacancy, then assessed Unoccupied, unsecured, or
plus 8% per annum, raze or rehab fee plus condemned buildings
15% of coat incurred
Within 30 days of vacancy and prior to Unoccupied, unsecured, or
issuing any permits dangerous buildings
Water is shut off at bldg
vacant, unsecured,
uninhabitable
Brainerd City Code 445 (New 2008)
Section 445 - Vacant Dwellings and Buildings
445.01 Purpose. The purpose of this Section is to regulate vacant and hazardous
dwellings and buildings in order to enhance the livability and preserve the tax base and
property values of buildings within the City by assuring that vacant buildings that are
capable of rehabilitation are adequately secured to prevent further dilapidation and those
buildings that are not capable of rehabilitation are promptly demolished.
445.03 Findings. The City Council finds, determines and declares that buildings which
remain vacant and unoccupied for an unreasonable period of time become an attractive
nuisance to children, a harborage for rodents, an invitation to derelicts, vagrants and
criminals as a temporary abode, and an increased fire hazard; that the owners of such
buildings may permit the buildings to become dilapidated since the buildings are often
economically obsolete and the owners of such buildings are unwilling to expend the
necessary funds to secure the buildings; that such buildings contribute to the growth of
blight within the City, depress market values of surrounding properties; require additional
government services; constitutes an unreasonable use and condition to the annoyance,
discomfort and repose of a considerable number of the public, and thus may constitute a
nuisance condition. Adequate protection of the public health, safety and welfare,
therefore, requires the establishment and enforcement of the means by which such
nuisance conditions may be abated.
445.05 Securing Vacant Buildings.
Subd. 1 In general, if any building becomes vacant or unoccupied and is deemed
hazardous due to the fact that the building is open to trespass and has not been secured
and the building could be made safe by securing the building, the Building Official may
order the building secured and shall cause notice of the order to be served upon the owner
of the premises. Such notice may be served personally or by mail. Service by mail is
completed upon mailing a copy of the order to the owner, by first class mail, at the last
known address. If the owner fails to comply with the order with six (6) days after the
order is served, the Building Official shall cause the building to be boarded up or
otherwise properly secured. Whenever a building is boarded up pursuant to the authority
of this Section, the building official may cause all openings to the building to be boarded
and secured.
Subd. 2. Emergencies. When it is determined by the Building Official, the Chief of
Police, or the Fire Chief that an emergency exists with respect to the health or safety of
persons in the community, and immediate boarding and securing of a building is
required, and where danger will exist to children, transients or others in the absence of an
immediate boarding or securing of the building, the Building Official, or the Chief of
Police, or the Fire Chief may waive all requirements herein and immediately board or
otherwise secure the building, provided that:
9 cad
�e-AWMD
(1) The conditions showing the existence of an emergency are documented by the
Building Official, Chief of Police, or Fire Chief or their designees.
(2) Notice is mailed immediately by the department invoking this Section to the address
of the owner and taxpayer, and, if recorded on the Assessor's rolls, the address of the
mortgage holder, of the date of the boarding or otherwise securing and the reasons
therefore.
Subd. 3 After a vacant or unoccupied building has been boarded or otherwise secured
under this Section, should the owner fail to maintain the building in a secured condition
until such time as it has been repaired and occupied, the Building Official shall re- secure
any openings into the building whenever it becomes open to trespass, without further
notice to the owner.
445.07 Collection of costs.
All costs incurred by the City for boarding or otherwise securing a building under this
Section, including, but not limited to the actual costs for boarding, inspecting, posting,
administration and monitoring the building shall be the responsibility of the owner.
Payment of the costs incurred by the City shall be due within thirty (30) days of such
notification. Upon default of payment after the thirty (30) days, the costs shall be levied
and collected as a special assessment against the property.
(Ordinance No 1322)
9 ct
I
ORDINANCE NO. 1144
CITY OF BURNSVILIA MINNESOTA
AN ORDINANCE ADDING TITLE 4 CHAPTER 10 TO THE
THE BURNSVILLE CITY CODE CONCERNING VACANT PROPERTIES
THE CITY COUNCIL OF TIM CITY OF BURNSVILLE, MINNESOTA ORDAINS:
SECTION 1. Title 4 (Building Regulations) of the Burnsville City Code is• amended to add
Chapter 10: Vacant Properties to read
4.10 -1: DECLARATION OF POLICY:
The purpose of this chapter is to protect the public health, safely, and welfare by cawnuent of this
ordinance that:
(1) Establishes a program for identification and registration of vacew buildings.
(2) Determines the responsibilities of owners of vacant buildings and structures.
(3) Provides for administration, enforcematit; and penalties regarding this program and the
regulations.
4 -10-2: DEFINMON&
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the
meanings indicated in this section.
CODE VIOLATIONS: Violations of any code adopted and/or entbrced by the city, which may include
but is not limited to the city Code, the State Building Coder Fire Code, and Zaniog Coda
DANGEROUS STRUCTURE: A structure that is potentially hazardous to person or Property,
including, but not limited to:
1. A structure which is in danger of partial or complete collapse;
2. A structure with any exterior pasts which are loose or In danger of filling; or
3. A structure with any pasta, sock as floors, porches, railings, stain, ramps, balconies or ro^
which we collapsed, in danger of colispaing or unable to rapport the weight of normally imposed
loads, or otherwise determined to be hazardous or dangerous in their present condition.
ENFORCEMENT OFFICER The Building Official or duly authorised representative.
OCCUPIED: A building that is used for legal occupancy.
OWNBR Those persons shown to be the owner or owners on the rxu* of the Dakota County
Department of Pr%wW Taxation and Records, those identified as the owner or owners on a vacant
building registration form, holder of an untworded contract for deed, a mortgagee or vendee in
Possession, a mortgagor or vendor in possession, assignee of recta, receiver, esecutar, trusts% lessen
other person, firm or corporation in control of the f caold of the promises or leaser scale therein. Any
such person shall have a joint and several obligation for oomplienoe with the provisions of this chapter.
SECURED BY OTIMR THAN NORMAL MEANS: A building secured by mans other then those used
in the design of the building.
I La)-
6LA,4NS L) ! t6
Ordinance No. 1144
Page 2
A building that is not being used for a legal occupancy.
UNSECURED: A building or portion of a building that is open to entry by unauthorized persons without
the use oftools or ladders.
VACANT BUILDING: A commercial, industrial, multi- family, or residenhal_building or portion of a
building that is:
1. Unoccupied and unsecured;
2. Unoccupied and secured by otter than normal means;
3. Unoccupied and a dangerous stnnfitte;
4. Unoccupied and condemned;
S. Unoccupied and has property maintenance or building code violations;
6. Condemned and illegally occupied;
7. Unoccupied and in the process of foreclosure identified by a notice of pendency filed with the
county; or
S. Unoccupied and foreclosed upon as ldentified by the county.
4.10 -3: VACANT BUILDING REGISTRATION:
(A) The Owner of a vacant building shall register with the enforcement officer not laser than thirty (30)
days aft any building in the city becomes a vacant buildfog, as defined in Section 4 -10-2, and every
twelve (12) months thereafter so long as the building remains vacant The Owner shall pay a vacant
building fee in the amount prescdW in this Chapter or the City's annual adopted fee ordinance for each
registered building.
(B) The registration shall be submitted on forms provided by the enforcement offices and ahail include
the following information supplied by the owner.
(1) A description of the promises;
(2) The name, phone numbers, e-mail, and addresses of &a owner(s) and contact parson; and
(3) The names and addresses of all (mown ilenholden and all other parties with an ownership
interest is the building.
(C) The owner shall comply with all applicable laws and codes. The owner shall notify the aniouosment
oicer of any changes in fiAmnation supplied a pot of the vacant building registration within thitty (30)
days of the change.
(D) The owner shell hasp the building secured and sah and the building end grounds properly
maintained until the property Is reoccupied, including but not limited to mowing the lawn, removing mow
from public sidewaU providing adequate had or disconnecting water service during winter months, and
securing other utility and property related services.
Oa) Any vacant building that is provided with an automatic tiro sprinkler system shall have the system
maintained and operational at all those.
(l) Auer vacant commercial, industrial, or mufti - family building shall maintain the required fire
apparatus access roads.
(G) Paiiwn of the owner or any subsequent owner to maintain the building and premises shall be subject
to any enforcement actions or penalties provided by law including an abatement completed by the city
and messed against the property pursuant to state law and city code.
C� La)-
�,,,ieN�.tui✓
Ordinance No. 1144
Pap 3
(H) Vacant building fees:
1. The owe of a vacant building shall pay an amusl registration fee as outlined in city policy
nub yea the building - remains. a vacant building. The registration fee is intended to st.leael
partially recoup and be reasonably related to the administrative costs for registering and
processing the vacant building owner registration Form and for the coats of the city in
monitoring the vacant building site.
2. The first annual fee shall be paid no later than dirty (30) days after the building becomes
vacant. If the fee is not paid within thirty (30) days of being due, the owner shell be subject to
prosecution as prescribed in Section 4 -10-8.
3. The fee shall be paid in fidl prior to the issuance of any building permits or approval to re-
occupy the structure, with the exception of a demolition permit.
4. All delingaant fees shall be paid by the owner prior to any trwsfer of an ownership interest in
any vacant building. N the fear are not paid prior to any transft, the new owner shell pay the
annual fee no later than thirty (30) days after the transfer of o aunihip and subsequent annual
has shall be due on the new anniversary date. The City may assess any delinquent n&kation
fees and administration coats.
(1) The owns of a vacant building is responsible to clearly post in a predominant location inside the
building a disclosure infomning potential buyers of code violations, assessments, or delinquent utility
charges against the property.
(3) no enforcement officer shall include in the file any property- specific written statements fiom
community organizations, other interested parties or citizens regarding the history, problem; status or
blighting influence of a vacant building
4 -10.4s EXEMPTIONS:
A building that has suffered fire damage shall be exempt firm the registration requirement For a period of
ninety (90) days altar the date of the fire. The exemption may be extended if the property owner submit
a request for extending the exemption in writing to the mfarument oflow. This request shall Include fire
following information supplied by the owner:
(1) A description of the promises.
(2) The names, phone numbers, a -mail, and addresses of the owns or owners.
(3) A statement of indent to repair and reoccupy the building in an expedient manna.
4 -10.5: INSPECTIONS:
The eefarcement officer shall inspect any preman in the city for the prpow of enforcing and assuring
compliance with the provisions of this chapter. Upon the request of the mfw crust officer, an owns
shall provide access to all interior portions of an unoccupied building in order to permit a complete
inspection
4106: SALE OF VACANT BUILDING:
The new owner(s) shill register or raregists the vacant building as provided in Section 4-103, with the
enforcement officer within thirty (30) days of any tranafs of an ownership interest in a vacant building
a cad
Ordinance No. 1144
Page 4
4-10-7: OCCUPANCY:
No vacant building may be occupied without an inspection and approval by the City for occupancy.
Oecupency shalt not be pm tad if there are_proparty maintenance violatons on.aita ur if the *Pqt qe is
deemed uninhabitable by the Building Official.
4-10.8: PENALTIES:
Any person violating any Provision of this chapter or providing false information to the enforcement
officer shall be punished u provided by Section 1-4.1 of this Code.
4 -10-9: ALTERNATIVE PROCEDURES:
Nothing in this chapter sW be deemed to abolish or impair existing remedies of the city authorized
under the City Code or Minnesota Statutes Secdone 463.15 through 463.26.
S WnW 2. This ordinance shall be efiectve lanuary 1, 2009 and after said publication of
such.
ADOPTED this 1' day of December, 2008, by the City Council of the City of Bumsville,
Minnesota.
9 Ca�
An Economic Development Authority
MEMORANDUM
Date: January 8, 2009
To: Honorable Mayor & City Council
From: Miles R. Seppelt
EDA Director
RE: Council Appointment to EDA Board
At their meeting of January 7, 2009, the EDA Board of Directors passed a
resolution recommending Councilmember Chad Czmowski for appointment to
the EDA Board.
The Board felt that Mr. Czmowski was the most qualified candidate for a number
of reasons:
First, because he was the owner of a downtown business and a member of the
Hutchinson Downtown Association, he would have a "vested interest" in the
downtown.
Second, he is an experienced business person and entrepreneur and would
bring those perspectives to the EDA. His business acumen will be an asset to
the board.
Third, because of his 4 -year term of office, he is guaranteed to bring some
longevity and continuity to the EDA Board. These factors are important because
the EDA frequently works on projects in which the history of the business and / or
site is an important consideration.
If you have any questions or need additional information, please give me a call at
234 -4223.
Thank you for your time and consideration.
9 6��
Marc A. Sebora, City Attorney
Office of the City Attorney a�tew� , MN 55350.2522
320. 587- 5151/F= 320434 -4201
TO: Mayor & City Council
FROM: Marc A. Sebora, City Attorney
DATE: January 8, 2009
SUBJECT: Nuisance Housing Ordinance
When the rental registration ordinance went into effect last year, a "nuisance housing"
ordinance was talked about as well. At that time it was decided not to make nuisance
enforcement part of the registration ordinance so that health and safety inspections did
not take on a police law enforcement function.
Therefore, attached please find a proposed nuisance housing ordinance for you to
consider. The ordinance covers most of the situations that the City receives complaints
about, like improper storage of materials, assaultive behavior, illegal alcohol
consumption, loud music, public urination, blighted buildings, etc.
Two significant components of the ordinance are:
First, there is a relatively short time frame for the City to abate nuisances on its own — 10
days if the owner doesn't respond to the City's nuisance notice or a maximum of 45 days
if the owner requests a hearing. Of course, life threatening situations can be immediately
abated by the City.
Secondly, the City would have the ability to charge the owner and/or resident for
repeated nuisance service calls to a property. Beginning with the third such call in a year,
the City could result in the assessment of up to $2000.00 in costs to the owner /occupant
of the property.
I and other City directors will be happy to answer any questions you may have at the
Council meeting on January 13, 2009.
- Printed on recycled paper -
� c� cg)--
ORDINANCE NO. 09 -0521
OFFENSES AGAINST PUBLIC PEACE AND SAFETY
The Council of the City of Hutchinson does hereby ordain:
Section 130.30 FINDINGS AND PURPOSE.
The purpose of this section of the City Code is to prohibit certain conduct that is harmful to
the health, safety, and welfare of the community and to prevent and abate nuisance conduct,
events, characteristics or conditions and their deleterious effects on City neighborhoods by
maximizing the means and methods by which public officers can efficiently and effectively enforce
the law and by imposing and collecting service call fees from the owner or occupant, or both, of
real property to which public officers are repeatedly called to respond to nuisance violations as
set forth in this section of City Code. The City Council finds that excessive noise, disruption and
other public nuisance activities are injurious to the public health, safety and welfare and interfere
with the quiet enjoyment of life and property and that excessive nuisance service calls unduly
divert law enforcement resources from general crime prevention and law enforcement. The
excessive nuisance service call fee is intended as a cost recovery mechanism for excessive law
enforcement services, over and above the cost of normal law enforcement services to the public,
attributable to unabated nuisance conduct, conditions or characteristics occurring, maintained or
permitted to exist on the private property. It is not intended to constitute punishment separate
from or in addition to any criminal prosecution for the conduct underlying the nuisance or
excessive nuisance service calls. Nothing herein is meant to limit constitutional rights under the
federal or state constitution.
Section 130.31 DEFINITIONS.
When used in this section, the following words, terms, and phrases shall have the following
meanings, unless the context clearly indicates otherwise:
(a) Abatement notice - notice served upon property owner and/or interested party by the City
Administrator or the Administrator's designee of law enforcement responses to two (2) or
more nuisance service calls within a 365 -day period on property in which they have an
interest pursuant to Section 130.38(c) of this City Code.
(b) Alcoholic beverage - any beverage containing more than one -half of one (1) percent
alcohol by volume.
(c) Clandestine lab site - any structure of conveyance or outdoor location occupied or
affected by conditions or chemicals typically associated with the manufacture of
methamphetamine or any other unlawful manufacture of a controlled substance.
(d) Disorderly house - any residential property which due to the following nuisance conduct,
events, characteristics or conditions is likely to disturb, injure or endanger the peace,
comforts, health, welfare, safety or character of the neighborhood or community:
(1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or non -
intoxicating malt liquor in violation of Minnesota law or Chapter 112 of this Code;
koto
(2) The possession or use of gambling devices or the conduct of any gambling in
violation of Minnesota law;
(3) Prostitution in violation of Minnesota law or acts relating to prostitution, or the
conduct of unlicensed escort services, sexually- oriented business or massage or
massage services, in violation of Minnesota law or Chapters 119 and 121 of this
Code;
(4) The unlawful sale, use, or possession of controlled substances as defined in
Minnesota Statutes, Section 152.02; or
(5) Three (3) or more verified incidents or unlawful gatherings, as set forth in subsection
(n) of this Section within a 365 -day period.
(e) False report to public officer - a report to any public officer that a violation of City Code
or state law has been committed, knowing that the conduct or conditions reported do not
constitute a crime or that the report is false and intending that the public officer act in
reliance upon the report
(f) Incident - single behavioral incident as defined by Minnesota Statutes Section 609.035, as
may be amended from time to time. In the case of property conditions or characteristics
constituting a nuisance, a single behavioral incident constitutes those violations, the
existence of which is the result of a single illegal objective or coincident errors of judgment.
(g) Interested party - any known lessee or tenant of the residential property or affected
portion of the residential property; any known agent of an owner, lessee, or tenant; any
known mortgage holder or holder of any secured interest in the residential property; any
known person holding an unrecorded contract for deed, being a mortgagee or vendee in
physical possession of the residential property, insurer of the property; or, any other person
who maintains or permits a nuisance on the residential property and is known to the City.
(h) Nuisance Incident notice - notice served upon property owner and /or interested party by
the City Administrator or the Administrator's designee of a law enforcement response to a
nuisance service call to property in which they have an interest pursuant to Section 138(a)
of this City Code.
(i) Nuisance service call - public officer response to a verified incident of any activity,
conduct or condition occurring on private property that is likely to unreasonably interfere
with the quiet enjoyment of neighboring properties or the safety, health, morals, welfare,
comfort, or repose of the residents therein, including without limitation:
(1) Unlawful gathering, as defined in subsection (o) of this Section.
(2) Disorderly conduct, as defined by Minnesota Statutes Section 609.72, as may be
amended from time to time.
(3) Assault, as defined by Minnesota Statutes Sections 609.221, 609.222, 609.223,
609.2231, and 609.224, as may be amended from time to time, excluding domestic
assaults.
(4) Public nuisance, as defined by Section 130.32(6) of this City Code or Minnesota
Statutes Sections 609.74 - .745, as may be amended from time to time.
(5) Noise in violation of Section 130.23(A) of this City Code.
(6) Unlawful consumption of alcoholic beverages in violation of Chapter 112 of this City
Code.
(7) The unlawful furnishing, sale, use, or possession of intoxicating liquor or non -
intoxicating malt liquor in violation of Minnesota law or Chapter 112 of this City
Code.
l,bC9
G)
(k)
(8) The possession or use of gambling devices or the conduct of any gambling in
violation of Minnesota law.
(9) Prostitution in violation of Minnesota law or acts relating to prostitution, or the
conduct of unlicensed escort services, sexually oriented business or massage or
massage services, in violation of Minnesota law or Chapters 119 and 121 of this City
Code.
(10) The unlawful sale, use, or possession of controlled substances as defined in
Minnesota Statutes Section 152.02, as may be amended from time to time.
(11) Indecent exposure in violation of Minnesota Statutes Section 617.23, as may be
amended from time to time.
(12) Unlawful use or possession of a firearm in violation of Minnesota law or Section 130
of this City Code.
(13) Failure to comply with dangerous dog requirements in violation of Chapter 93 of this
City Code or Minnesota Statutes Chapter 347.
(14) Failure to comply with animal noise regulations in violation of Chapter 93 of this City
Code.
(15) Failure to restrain a domestic animal in violation of Chapter 93 of this City Code.
(16) Cruelty to animals in violation of Chapter 93 of this City Code.
(17) Illegal possession of a wild animal in violation of Chapter 93 of this City Code.
(18) Unlicensed dog in violation of Chapter 93 of this City Code.
(19) Illegal open burning, in violation of Chapter 92 of this City Code.
(20) Illegal refuse, in violation of Chapter 92 of this City Code.
(21) Illegal litter, in violation of Section 130 of this City Code.
(22) Abandoned or junk vehicles, in violation of Chapter 91 of this City Code.
(23) Illegal exterior storage in violation of Chapter 92 of this City Code.
(24) Illegal parking or storage of recreational vehicles in violation of Chapter 73 of this
City Code.
(25) Parking or storage of vehicles within a city street right -of -way or in violation of
Chapter 72 of this City Code.
(26) False report to public officer in violation of Section 130.37 of this City Code.
(27) Rental of a dwelling unit without a license or in violation of the conditions of licensure
in violation of Ordinance 07 -0482 of this City Code.
(28) Illegal home occupation in violation of Chapters 154 of this City Code.
Private property - any real property the legal ownership of which, as officially recorded by
McLeod County, is held by one or more natural persons, a partnership, including a limited
partnership, a corporation, including a foreign, domestic or non - profit corporation, a trust,
or any other organization, but not including the State of Minnesota or any of its political
subdivisions, the federal government or any other governmental agency or entity. The
existence of any public easement, right -of -way or other limited right of access on the
property not, for the purpose of this Chapter of the City Code, be deemed to transform
private property to public property.
Property - means a parcel or contiguous parcels of real property, including buildings and
other structures thereon owned by the same legal entity and under common management.
In the case of multi -unit residential or commercial property, the term shall apply to the
entire complex.
,O A)-
(I) Public officer - a police officer, fire marshal, chief or inspector, animal control officer, City
zoning official, building inspector, or environmental health inspector, each of whom, for the
purposes of this Chapter, shall be considered law enforcement officers.
(m) Public place - an area generally visible to public view, including streets, sidewalks,
bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not)
and buildings open to the general public, including those buildings in which food or drink is
served or entertainment or lodging is provided.
(n) Residential property - any real property containing a structure suitable for affording
shelter for human beings, including any appurtenant or connected structure, including
trailers, mobile homes, multiple family dwellings, buildings containing multiple dwelling
units, and any property situated within a residential zoning district as defined by this City
Code.
(o) Unlawful gathering - any party or gathering where there is any of the following conduct or
behavior:
(1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or 3.2 percent
malt liquor in violation of Minnesota law and Chapter 112 of this Code;
(2) The unlawful sale, use, or possession of controlled substances as defined in
Minnesota Statutes, Section 152.02, as may be amended from time to time;
(3) The unlawful sale, use, or possession of tobacco - related products in violation of
Minnesota law or Chapters 113 of this City Code;
(4) Any conduct, activity or condition constituting a violation of Minnesota laws or this
City Code prohibiting or regulating prostitution, gambling, firearms, disorderly
conduct, public nuisance, or permitting a public nuisance;
(5) Any conduct or activities likely to disturb non - participating persons by:
(A) Noise of sufficient volume, or of such nature by virtue of its type, persistence,
time of day or location, to disturb; the peace, quiet, or repose of non-
participating persons nearby in the manner and according to the standards
set forth in Chapter 92 and /or 130 of this City Code;
(B) Assaultive behavior;
(C) Unlawful consumption of alcoholic beverages or possession of open
containers of alcohol in violation of Chapter 112 of this City Code;
(D) Urinating in public;
(E) Public indecency as defined in Section 130 of this Code or indecent exposure,
in violation of Minnesota Statutes Section 617.23, as may be amended from
time to time.
(F) Excessive pedestrian or vehicular traffic and parking problems or congestion.
(G) Harassment of passersby.
(p) Verified incident - an incident where there is a law enforcement response and a public
officer, having completed a timely investigation, is able to find evidence of nuisance
conduct, conditions or characteristics as set forth in Section 130.31(i) of this City Code. It
shall not be necessary that criminal charges be brought or convictions obtained relative to
the incident. Multiple offenses verified during a single response shall count as one
response for the purpose of imposing an excessive nuisance call service fee. Verified
incidents shall be attributable separately to the source of the nuisance conduct, condition
or activity, as follows:
(1) The same tenant or lessee or persons acting in conjunction with or under the control
the same tenant or lessee;
�0
(2) The same rental unit while occupied by the same tenant or lessee or within two or
more rental units by the same tenant or lessee;
(3) The property owner or persons acting in conjunction with or under the control of the
property owner who either actively participated in the creation of the nuisance
conduct, condition or characteristic or who knew or should have known of the
ongoing nuisance conduct, condition or characteristic and failed to take reasonable
steps to abate it.
(q) Verified incident follow -up - where there has been a prior verified incident of property
conditions or characteristics constituting a nuisance, each subsequent response to those
same conditions or characteristics initiated by the City as follow -up during a course of
remediation, shall not constitute an additional verified incident unless additional nuisance
conditions or characteristics constituting additional incidents are found to exist.
130.32 PROHIBITED CONDUCT
(A) PUBLIC NUISANCE PROHIBITED.
Any person who shall knowingly commit, cause or create a public nuisance condition as
defined in this Chapter or permits a public nuisance condition to be created or placed upon or to
remain upon any private property owned, under the control of, or occupied by that person, or any
publicly -owned property, including tax - forfeited property under public control, shall be guilty of a
misdemeanor. In addition, the City may enforce this section by injunctive action or other
appropriate civil remedy.
(B) PROPERTY CONDITIONS CONSTITUTING A PUBLIC
NUISANCE.
The following property conditions are declared to be nuisances affecting public peace,
welfare and safety:
(1) All snow and ice not removed from public sidewalks within twelve (12) hours after the snow
and ice has ceased to be deposited thereon.
(2) All limbs of trees which are less than eight (8) feet above the surface of any public
sidewalk, or nine (9) feet above the surface of any street.
(3) All wires that are strung less than fifteen (15) feet above the surface of the ground.
(4) All buildings, walls, and other structures which have been damaged by fire, decay, or
otherwise to an extent exceeding one -half (1/2) their original value, and which are so
situated as to endanger the safety of the public.
(5) All explosives, inflammable liquids, and other dangerous substances stored in any manner
or in any amount contrary to state law, federal law or this Code.
(6) All use or display of fireworks except as permitted by this Code and state law.
(7) Noises prohibited under Hutchinson City Code
(8) The allowing of rain water, ice or snow to repeatedly fall from any building or structure
upon any street or sidewalk or to flow across any sidewalk.
(9) All barbed wire fences which are located within three (3) feet of any public sidewalk.
�oc!�
(10) All dangerous unguarded machinery or materials, in any public place, or so situated or
operated on private property to attract the public.
(11) Any condition that interferes with, obstructs, or renders dangerous for passage a public
sidewalk, roadway, highway or right -of -way or waters used by the public.
(12) The intentional or negligent discharge of items such as leaves, grass clippings, solvents,
antifreeze, oil, fireplace ashes, paint, or cement reinsate into a street, storm sewer system,
or water resource such as a wetland, creek, pond or lake.
(13) Encroachments onto publicly -owned property and road right -of -way, including tax - forfeited
property under public control, such as the placement of structures, materials, recreational
equipment, lawn chairs, fire pits, the dumping of organic materials, the storing of privately -
owned items, the undertaking of activities affecting the physical nature of the property,
such as mowing, vegetation removal or the application of fertilizer, pesticides or herbicides
without the express, written permission of the City.
(14) Uncompleted exterior construction and finishes (including but not limited to structures,
additions, accessory structures, siding, facia work, windows, roofing, driveways, sidewalks,
decks, patios, pools and retaining walls) on a single family or two-family site beyond one
(1) year after issuance of a permit or commencement of the construction project, whichever
occurs first. A construction project is considered to commence when the first exterior
evidence of the project is visible (for example, delivery of materials or removal of soil
cover). In the case of demonstrated hardship due to sources beyond the control of the
property owner (including but not limited to extreme weather conditions; reasonably
unforeseen material, equipment or labor shortages; vandalism; or theft), the time allowed
for exterior construction and finishes may be extended at the sole discretion of the
Manager of Building and Inspection upon written appeal filed as soon as the need for an
extension becomes known.
(15) Construction materials and equipment (including but not limited to piles of dirt, rock,
landscaping materials, sod, scaffolding, forms, dumpsters, portable toilets, debris and
construction trailers) left in the open:
(A) on a single family or two- family residential site beyond one (1) year after issuance of
a permit or commencement of the construction project, whichever occurs first. A
construction project is considered to commence when the first exterior evidence of
the project is visible (for example, delivery of materials or removal of soil cover).
(B) on a multi - family residential site or on a non - residential site beyond one hundred
eighty (180) days after issuance of the first temporary or permanent certificate of
occupancy.
In the case of demonstrated hardship due to sources beyond the control of the property
owner (including but not limited to extreme weather conditions; reasonably unforeseen
material, equipment or labor shortages; vandalism; or theft), the time allowed for exterior
construction and finishes may be extended at the sole discretion of the
Planning /Zoning/Building Director upon written appeal filed as soon as the need for an
extension becomes known.
(16) Discarded construction material or other litter at a construction site that is not placed in an
adequate waste container or that is allowed to blow around or off the site.
(17) Buildings, fences, and other structures that have been so poorly maintained that their
physical condition and appearance detract from the surrounding neighborhood are
declared to be public nuisances because they are unsightly, decrease adjoining
landowners' and occupants' enjoyment of their property and neighborhood, and adversely
affect property values and neighborhood patterns. Standards to be considered in this
determination shall include:
(A) All exterior walls shall be free from holes, breaks, and loose or rotting materials; and
maintained weatherproof and properly surface coated where required to prevent
deterioration.
(B) All exterior surfaces, including but not limited to, doors, door and window frames,
cornices, porches, trim, balconies, decks and fences shall be maintained in good
condition. Exterior wood surfaces, other than decay- resistant woods, shall be
protected from the elements and decay by painting or other protective covering or
treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces
repainted. All siding and masonry joints as well as those between the building
envelope and the perimeter of windows, doors, and skylights shall be maintained
weather resistant and water tight. All metal surfaces subject to rust or corrosion
shall be coated to inhibit such rust and corrosion and all surfaces with rust or
corrosion shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces designed for
stabilization by oxidation are exempt from this requirement.
(C) Every.window, skylight, door and frame shall be kept in sound condition, good repair
and weather tight. All glazing materials shall be maintained free from cracks and
holes.
(D) All exterior doors, door assemblies and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units, rooming units and guestrooms
shall tightly secure the door.
(E) All cornices, belt courses, corbels, terra cotta trim, wall facings and similar
decorative features shall be maintained in good repair with proper anchorage and in
a safe condition.
(F) The roof and flashing shall be sound, tight and not have defects that admit rain.
Roof drainage shall be adequate to prevent dampness or deterioration in the walls
or interior portion of the structure. Roof drains, gutters and downspouts shall be
maintained in good repair and free from obstructions. Roof water may not be
discharged in a manner that creates a public nuisance.
(G) All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be
maintained structurally sound, and in good repair. All exposed surfaces of metal or
wood shall be protected from the elements and against decay or rust by periodic
application of weather - coating materials, such as paint or similar surface treatment.
(H) All foundation walls shall be maintained plumb and free from open cracks and
breaks and shall be kept in such condition so as to prevent the entry of rodents and
other pests.
(18) A clandestine lab site.
(19) Improper sewage disposal to such degree that sewage or effluent is discharging onto the
surface of the ground, backing up into a structure or discharging into a body of water.
(20) An unsecured hole or opening caused by improperly abandoned cistern, well pit, sewage
treatment system, unused or non - maintained swimming pool, foundation, mine shaft or
tunnel, or any other hole or opening in the ground of sufficient size or depth to pose a
danger to the public or an attractive nuisance.
(21) Failure to keep waste, refuse, or garbage in an enclosed building or properly contained in a
closed, insect and rodent proof, container designed or reasonably adapted for such
purpose, except for the immediate time preceding pick -up by a refuse hauler.
J blct)
(22) Accumulation of carcasses of animals, birds, or fish by failing to bury or otherwise dispose
of in a sanitary manner within twenty -four (24) hours after death. This provision shall not
apply if the animals, birds, or fish are intended for human consumption.
(23) Accumulation of decaying animal or vegetable matter, animal or human feces, trash,
rubbish, garbage, rotting lumber, packing material, scrap metal, tires or any other
substances in which flies, mosquitoes, other disease carrying insects, rodents or other
vermin can harbor; this definition does not include compost bins or compost sites which are
being managed in accordance with acceptable standards.
(24) Accumulations of animal feces, rubbish or junk remaining in anyplace as to become
dangerous or injurious to the health and safety of any individual or to the public.
(25) Accumulations in permanent dwellings to such an extent preventing emergency egress.
(26) Any structure that has become dangerous for further occupancy because of structural or
sanitary defects or grossly unsanitary conditions.
(27) Infestations of flies, fleas, cockroaches, lice, rats, mice, fly larvae, or hookworm larvae.
(26) Unnatural breeding grounds which support mosquito larvae and mosquitoes carrying West
Nile Virus, La Crosse Encephalitis Virus, or any other disease causing microorganism.
(29) Parking of an excess number of vehicles in violation as defined by Chapter 92 of this City
Code.
Section 130.33 DECLARATION AND NOTICE OF PUBLIC
NUISANCE.
It shall be the duty of the City Administrator or the Administrator's designee to determine
and declare the existence of a public nuisance. However, for purposes of inspecting and
securing the site, removing and collecting evidence, or removing immediate hazards, any public
officer may determine that a structure, property or portion of a property constitutes a public
nuisance, including but not limited to the determination that the site constitutes a clandestine lab
site. The City Administrator or the Administrator's designee may at any time modify conditions of
the declaration or dismiss the declaration of a public nuisance. Where deemed necessary by the
City in furtherance of the public health and safety, a warning sign shall be posted on the entrance
to the structure or property containing information sufficient to alert visitors or returning occupants
to the site that it may be dangerous to enter and that entry is prohibited unless authorized by the
City. No person, except as authorized by the City, shall remove a warning sign posted in
accordance with this Section of City Code. Where a public nuisance is found to exist upon
private property, the City Administrator, or the Administrator's designee, may cause a declaration
of public nuisance and notice to abate such nuisance to be served personally upon the owner of
said premises, and provide a copy thereof to any other interested party. Such notice may be
served by mail in all cases where such owner or other interested party is not in the city or cannot
be found therein, and if the post office address thereof is known. Such notice may likewise be
served by posting, for at least twenty-four (24) hours, a copy of such notice upon the premises
where the nuisance exists, whenever the owner or agent thereof is not known or cannot be found,
and the post office address thereof is unknown. The City Administrator, or the Administrator's
designee, shall, in providing for the service and posting of such notice, designate therein the
following:
(a) Property location by street address, and property identification number or legal property
description.
(b) Information identifying the nature of the public nuisance on the property.
ta
(c) A summary of the owner or other interested party's responsibilities under this Division of
City Code.
(d) Specific orders for abatement or remediation of the public health nuisance.
(e) A date for completion of the abatement not less than ten (10) business days following the
receipt of the Notice unless a shorter period of time is determined necessary by the City to
protect the public health and safety.
(f) Notice that unless the public nuisance condition is abated or removed in accordance with
the terms of the Notice of Public Nuisance, the City may, in its discretion have the nuisance
abated or removed at the expense of the owner under the provisions of Minn. Stat.
§145A.008, this City Code, or other applicable law and that the cost thereof will constitute a
charge against the property which shall be collected in the manner of a tax.
(g) Notice of the right of appeal as provided in this section.
Section 130.34 ACCESS TO PROPERTY AND RESPONSIBILITY
TO ABATE PUBLIC NUISANCE.
The owner or other interested party of private property on which a public nuisance has
been declared must, upon the demand of a public officer, permit access to all portions of the
property and structures thereon at any reasonable time for the purposes of inspection,
remediation and abatement as often as the public officer deems necessary and shall exhibit and
allow the copying of all records necessary to ascertain compliance with this section of City Code.
Any public nuisance upon private -owned property shall be removed and abated by the owner or
other interested party at their own cost after notice, as provided in Section 130.34. If such notice
is not complied with, the city shall cause removal or abatement of such nuisance, and the cost
thereof shall be charged against the property in the manner provided in Section 130.35 and
collected in the manner set forth in Section 130.34(a) of this City Code.
SEC. 130.34(A)APPEALS, SUMMARY ABATEMENT.
When a public nuisance is declared, the owner of the private property may appeal the
declaration, including an order for abatement, by filing a written request for a hearing with the City
Attorney's Office within ten (10) calendar days of the issuance of the Notice of Public Nuisance.
A hearing shall be held within forty -five (45) calendar days thereafter, and may be conducted by
the City Administrator or their designee. The owner of the property may be held responsible for
the actual costs of the hearing. Where a declared public nuisance constitutes, in the sole
determination of the City, an imminent threat to the public health or safety, an immediate threat of
serious property damage, or the nuisance has been caused by the actions of private parties on
public property, the City may order the immediate abatement thereof notwithstanding this
provision. Where there has been summary abatement, any properly filed appeal thereafter will be
limited to the issue of cost recovery by the City.
Section 130.35 FAILURE TO ABATE; ABATEMENT BY CITY;
ASSESSMENT THEREFOR.
If, at the end of the period fixed by the City for the abatement or removal of a public
nuisance, the nuisance has not been abated or removed by the owner or other interested parry
and no appeal has been filed pursuant to Section 130.34(A) of this City Code, the City may cause
the same to be abated or removed by the city or in any other manner deemed appropriate, and
the costs and expenses of such abatement and departmental costs and expenses, including
I b S)L_
overheads and allowances for time of city employees, expenses of equipment, if used, and sums
of money necessarily paid out if done by other than city departments, shall be computed and
reported to the City Council. Thereupon the City Council shall adopt an assessment roll levying a
special assessment upon such lands and premises, which shall be transmitted to the county
auditor and included with the next tax levy upon such lands and premises and collected in the
manner provided by law for the levy and collection of other special assessments.
Section 130.36 PARTICIPATION IN UNLAWFUL GATHERINGS.
(a) No person shall congregate because of, or participate in, any unlawful gathering, as
defined in Section 130.31(0) of this City Code.
(b) No person shall keep or permit an unlawful gathering, as defined in Section 130.31(0) of
this City Code, on any property owned, leased, controlled or occupied by that person.
(c) Any person who is the property owner or other interested party in the property, who has
actual or imputed knowledge of an unlawful gathering thereon and who fails to immediately
abate the unlawful gathering shall be guilty of a misdemeanor.
(d) Any person, other than the property owner, tenant, or person in control of a building, who
refuses to leave an unlawful gathering thereon after being ordered to do so by a police
officer or by an owner, tenant, or person in control of any building or other interested party
in the property where an unlawful gathering is occurring shall be guilty of a misdemeanor.
(e) Any person who is the property owner, tenant, or person in control of a building and
refuses to admit public officers attempting to gain reasonable access to the premises for
the purpose of investigating a suspected unlawful gathering on the property or any
structure thereon or refuses to disperse an unlawful gathering at the building after being
ordered to do so by a police officer shall be guilty of a misdemeanor.
(f) A police officer, who has probable cause to believe an unlawful gathering is occurring on
private property may make reasonable entry onto the property or structure thereon in a
manner consistent with law for the purpose of investigating suspected law violations.
(g) A police officer may order all persons present at any public or private place or building
where an unlawful gathering is occurring to immediately disperse.
Section 130.37 DISORDERLY HOUSE AND FALSE REPORT TO
PUBLIC OFFICER PROHIBITED.
It shall constitute a misdemeanor under Minnesota law to do the following:
(1) To keep, permit or be present in a disorderly house; as defined in Section 130.31(d) of this
City Code;
(2) Be an owner or person in control of any residential property and to permit the building to be
used as a disorderly house; or
(3) To provide a false report to any public officer.
Section 130.38 EXCESSIVE NUISANCE SERVICE CALL.
(a) Nuisance Incident Notice. Where the City Administrator or the Administrator's designee
determines that a specific premises or building is being operated in violation of Section
130.37 of this Code, or public officers have been dispatched to private property on a
nuisance service call as defined in Section 130.31(i), the City Administrator or the
Administrator's designee may issue a written nuisance incident notice to the owner of the
property, and may provide a copy thereof to any other interested parties. The nuisance
incident notice may be served upon the owner of said premises by regular mail, to the
address determined by the most recent property tax records maintained by McLeod County
for said premises. The service of a nuisance incident notice, as provided herein, shall be
prima facie evidence that an owner or interested party served person in control of a
building has knowledge of and has permitted subsequent conduct or behavior at said
premises.
(b) Contents of the Notice. The nuisance incident notice shall:
(1) Identify the type and specific location of nuisance service call(s), including tenant or
lessee names where applicable;
(2) Summarize the evidence of the nuisance occurring on the property;
(3) Provide the dates on which the nuisance calls for service were made and the dates
of any prior responses by public officers to nuisance incidents on the property; and
(4) Warn the owner, occupant and persons in control of the property that future
nuisance service calls may subject them jointly and severally to an excessive
nuisance service call fee in the amount of $250.00 or more, up to $2,000.00, based
upon the actual cost of the law enforcement response.
(c) Abatement Notice. Where the City Administrator or Administrator's designee determines
that public officers have been dispatched to two (2) or more nuisance service calls, as
defined in Section 130.31(i) and counted pursuant to Section 130.31(p -q) of this Code, to
the same property within a 365 -day period, he or she shall cause a written abatement
notice to issue to the owner of the property, and may provide a copy thereof to any
interested parties. The abatement notice may be served upon the owner of said premises
by regular mail, to the address determined by the most recent property tax records
maintained by McLeod County for said premises. The service of an abatement notice, as
provided herein, shall be prima facie evidence that an owner or interested party served has
knowledge of and has permitted subsequent conduct or behavior at said premises.
(d) Contents of the Abatement Notice. The Abatement Notice shall:
(1) Identify the type and specific location of nuisance service calls, including tenant or
lessee names, where applicable;
(2) Summarize the evidence of the nuisance occurring on the property;
(3) Provide the dates on which the nuisance service calls were made and the dates of
any prior responses by public officers to nuisance incidents on the property; and
(4) Warn the owner and interested parties that future nuisance service calls will subject
them jointly and severally to an excessive nuisance service call fee in the amount of
$250.00 or more, based upon the actual cost of the law enforcement response, up to
$2,000.00, for each separate call. The costs of providing the excess law
enforcement services shall include without limitation the gross salaries, including all
fringes, benefits and overhead paid to the public officers responding, the pro rata
cost of all equipment, including vehicles and K -9 officers, and the cost of repairs to
any City equipment or property damaged in responding to the nuisance service call.
The civil penalty will issue by the City of Hutchinson and if left unpaid will be charged
against the property and collected in the manner of a tax;
16 (-a)-
(5) Advise the owner and interested parties that subsequent conduct in violation of this
Section of City Code may also subject them jointly and severally to criminal charges
punishable by up to a $1,000.00 fine and 90 days in jail for each separate violation.
(e) Imposition of Excessive Nuisance Service Call Fee. Property owners, tenants and
other persons having control over a property shall be jointly and severally responsible for
nuisance incidents occurring thereon and individually responsible for payment of any
Nuisance Service Call Fee issued to that party hereunder. Where an abatement notice
was properly served upon the owner and/or tenant of the property as set forth in
subsection (c) hereof each successive nuisance service call within the same 365 -day
period shall result in an administrative citation to that party in the amount of $250.00 or
more based upon the actual cost of the law enforcement response, up to $2,000.00 for
each separate call. The costs of providing the excess law enforcement services shall
include without limitation the gross salaries, including all fringes, benefits and overhead
paid to the public officers responding, the pro rata cost of ail equipment, including vehicles
and K -9 officers, and the cost of repairs to any City equipment or property damaged in
responding to the nuisance service call.
(f) Affirmative Defenses. In the case of rental property, it shall constitute an affirmative
defense to the issuance of an Excessive Nuisance Service Call fee by administrative
citation that the property owner has commenced eviction proceedings against the tenant or
tenants responsible for the nuisance conduct, conditions or characteristics. In the case of
large public accommodations, it shall constitute an affirmative defense to the issuance of
an Excessive Nuisance Service Call fee by administrative citation that the property owner
or the owner's property manager has entered into and complied with a memo of
understanding with regard to security with the Hutchinson Police Department.
(g) Appeal. Any party issued an Excessive Nuisance Service Call fee by administrative
citation may appeal the citation by filing a written request for a hearing with the City
Attorney's Office within ten (10) calendar days of the issuance of the citation. A hearing
shall be held within forty -five (45) calendar days thereafter and may be conducted by the
City Administrator or their designee. The owner of the property may be held responsible
for the actual costs of the hearing.
Section 130.39 PENALTY AND SEVERABILITY.
A violation of this section shall be a misdemeanor under Minnesota law. Civil penalties
shall be subject to assessment according to Minnesota law. However, nothing in this section
shall be construed to limit the City's other available legal remedies for any violation of the law,
including licensing sanctions, criminal, civil, and injunctive actions. In addition, violations or
failure to pay civil fines may result in future license ineligibility. If any section, subsection,
sentence, clause, or phrase of this section is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this section. The City Council hereby declares
that it would have adopted the section in each section, subsection, sentence, clause, or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
or phrases be declared invalid.
pciq)
TO: Mayor and City Council Members
FROM: Gary Plotz, City Administrator
DATE: January 8, 2009
Hutchinson City Center
111 Hansen street SE
Hutchinson, MN 55350-2522
320. 587. 5151 /Nan 320-234 -4200
SUBJECT: Authorization to Amend 2009 Budget(s) to Fund Assistant Finance Director
Position From the 2009 Enterprise Funds of
Creekside /Water /Sewer /Refuse /Liquor
The position of Assistant Finance Director was budgeted in the general fund for 2009.
To ease the expected shortfall in the City's general fund (estimate of $500,000 or more), I would
request this position be funded by the five enterprise funds as the position historically has done a
significant amount of work for each of these enterprises.
For 2009, I would recommend the cost to be divided equally among the five enterprise funds.
We will track the hours spent in the balance of 2009 to determine a potential split in costs for the
2010 budget.
Printed on recycled paper -
oL�
•
...► Of GREATER AI/r.._
December 15, 2008
Dear City Administrator Gary Plotz,
Q�i /
Dedicated to a Strong Greater Minnesota
V
I know cities are facing hard times, but your membership in the Coalition of Greater
Minnesota Cities is more critical than ever. Without a strong effort on our part. I have
no doubt that Local Government Aid funding will be significantly reduced or eliminated.
Together, we can make sure that will not happen.
During the 2003 budget crisis, the governor proposed cutting LGA by 42 percent, and
most people thought he was unstoppable. The fact that the cuts were limited to 25
percent statewide and to only 19 percent for CGMC cities can be attributed almost
entirely to CGMC's proactive lobbying program. it took the combined efforts of our
city officials and CGMC's lobbying staff at the State Capitol to win this battle, and it will
take the same effort to keep our cities intact in 2009.
As an organization, we had to expend a lot of resources during the 2003 budget crisis,
and it could take even more resources this year. I know there is a lot of belt tightening
going on, but stepping back now would cripple greater Minnesota cities in the future. For
that reason, I am asking every member of CGMC to find a way to pay their 2009 dues
because of the threat, not in spite of the threat to the LGA program.
In making that decision, keep in mind that over the past six years, CGMC cities have
received much more than they have spent in membership fees. The numbers tell the
story:
• CGMC cities received $24.5 million more in LGA in 2003 than they would have
under the governor's proposed cuts.
• CGMC cities have received LGA increases amounting to $20.6 million since the
2003 cuts were imposed.
• CGMC cities have received $45.1 million above the governor's proposed 2003
LGA cuts over the past six years.
• CGMC cities have faired better than Minnesota cities as a whole over this time
period:
o Despite a 25% overall cut in LGA in 2003, CGMC cities received only a
19 percent reduction.
o CGMC cities are now only 8 percent below their 2003 LGA funding level
while state cities as a whole are 21 percent below that level.
)1)4
9
As important as LGA is to cities, it is important not to forget how many other ways
CGMC has helped strengthen rural Minnesota. During the last six years CGMC has:
• Passed economic development and redevelopment grant programs for cities in
greater Minnesota.
• Passed annexation legislation that has made the process easier and less costly for
cities.
• Stopped or mitigated legislation that would have put costly environmental
mandates on cities.
• Helped pass legislation that put additional funding into the transportation
program.
For years, CGMC has been a strong voice for rural Minnesota, and we cannot allow that
to slip away. We are willing to work with you to make sure we remain a viable
organization and will discuss ways to do that during the CGMC membership meeting at
the Flaherty and Hood office on January 15. 1 hope every city in the organization will
send someone to the meeting to take part in these discussions and to work out a solution
that will allow us to enter into negotiations at full strength during the coming legislative
session.
We need your membership, we need your help and we need a united force more than
ever. There is no group that works harder for greater Minnesota than the Coalition of
Greater Minnesota Cities, so our future, as well as our organization, is at stake. We
anticipate seeing you in Saint Paul on January 15 for Legislative Action Day.
Sincerely,
'
Wayne Wold or of Wadena
President of the Coalition of Greater Minnesota Cities
Cc: Mayor Cook, City of Hutchinson
\J
new direct-ion is needed to °' ,
ICA
solve Minnesota's fiscal crisis '�°
Local governments running
on fumes
Cities, schools and counties have done their
best to cope with aid cuts made during the
state's last budget crisis, but they are now
down to running on fames. Despite cities" best
efforts, the 2003 decision to shift Minnesota's
fiscal problems on to local units of government
has proven to be a losing proposition for local
property taxpayers. In a nutshell, citizens
have had to deal wiffi reduced services and
delayed infrastructure needs while being asked
to provide more in property tax dollars. As
Chart A dernonstrates, cities, schools and
counties still haven't recovered from cuts.
Property tax increases driven
by aid cuts
Property taxes have increased over 19%
since 2002, but this has been due to aid cuts,
not to excessive spending by local units of
government. The rise in property taxes did
not even begin to keep pace with Lhc aid cuts,
which meant that, on tote local level, rcvenues
declined at the same time as spending was
reduced, as sho%m in Chart B.
0.0%
-5.0%
.10.0%
-IS, O%
-20,0%
-25-0%
-MO%
-35.0%
Schools Counties Cities
-31.2% - 1.7. 1 7b
Change in state aid from 2002 w 2M in constant dollars per capita/pupll
Chart A., Slate aid to loc-a I govern mwi ts has heen vo t drawwficalty s ince 2002.
Source: "The 'IMy'Behi-nd Homes lead Properiy Tax Acreas-e-s:-.AGV 2020 e Wn LVW*en
0.0%
-2,0%
-4.0%
-6.0%
-&0%
-10,0%
.110%
ToW School To City TcaJ Count
District Reverwe Revenue Revenue
(per P-WPIO (" r � ) (per Cap*
14.0% -11 11.3 -12.5%
Chart B. Change in real per capftalper papil schcW, c iiypind L'wen v revenue jrow ? -V 2003.
to FY 2008. Ton rce: "Gmmrninen i Revenues Dec hoe, " A IN 2 020, jeff burn lt ychzn
Despite cides'best ef forts h003 di ' ' to
shift
CIO,
Nlinnesota I s fiscal problems on to local units of goveriunent has
proven to be a IOSz'.ng proposition ]'*)r local property to pa ,ers.
WW �V. g rea t e T U1 n C I I i C S � o r g
State spending is not the 10.t
problem $9,DDO
$8.000
Allegations from &L no new taxes" proponents $7.000
at spending is causing the state's budget $6,000
problems are wrong. As seen in Chart C, state $5.000
general fund spending has declined by 7.1 , $4.000
�vh_lch amounts to $503 a person. Additional
spendmig cuts will not cure the state's current $3,OW
financial czisis. Spending is down for all units $2,000
of govcrn me nt in Minncsota,- which p o ints to a $1,000
revenue problem—not a spending problem— $0
in the state. 4
LGA is still below 2003 level
The Local Government Aid program is key to
providing fairness in the property tax system
and to enabling all cities to offer services to
their citizens, but that was undermined by aid
cuts made in 2003. Last year, the Legislature
approved L increases of 2% in 201 and
4% in 2011, but as shown in Chart D, the
pre Vi ou s cuts were so drastic th at every after the
current law increases in aid, the total dollars in
the program will be lower in 2011 than thev
were in 2003.
$T035 $6,697 $6,580 $6,532
FY 2002-03 FY 2004-05 FY 2006-07 Projocted FY
2008-09
State gencral fLmd lutal expendaurft & tnnskrs in cainstant 2000-09 dollars pet capm
Cha rf C. • Stale gowrWfund expenditures down 7% si me 2002. Source- "The Sza&r's Budget
Phmbkm:A1J Optiom Need w be on the 7Ztbk:,"A4.V 2020.MThn IPXJten
SSW
$903
W
�jN
S71>0 $S87
1600
2003 2003 2OG4 2005 2006 2007 2008 2009 2010 2011
NEEDED:A fair, stable and Cgirt- Act
sustainable revenue system Total L�A L OCAP knfla6an
We must take a lesson from the past and work Chart D.-I.GAprogm -tit s�IISI57bebu its ..,1.003 1k,el,despire101012011 l`"PW-rEaS4ff3_
together to develop a fair, stable and sustainable
revenue system for Minnesom. In order to do
this, all levels of'government—Lhe state, counbes', cities and school
districts need to par mer together to address the state's economic
problems in a way that strengthens, not weakens, our state.
Fai r. Every resident, regardless of geographic location, de serves
access to quality government services at an affordable level
compared with their ability to pay.
Stable. Minnesota's fiscal rollercoaster n'dc will not stabillZIC
until it includes predictability in taxation, for its taxpayers and
reliability in its revenue sources.
Sustainable. A lasting, sustainable revenue source is needed
to tarn' the state through today's current fiscal crisis and reduce
the chance of it occurring again in the future.
Don't repeat the
9
YI22S-tLZkeS of the past.
The state, cities, counUes
and schools must
partner together
to develop a fair, stable
and sustainable revenue
system for Minnesota.
w ww. g re:a te r in n ci 6 cs. org
I
Describe how your city has
dealt with the 2003 LGA cut
and current economic crisis
Your story
will snake a
difference.
A lot of eyes will be focused on LGA this year as a
source of revenue for other hard -hit programs, and
CGMC won't be able to protect it without a lot of help
from all of our member cities, Most legislators have 41/
heard about the problems faced by cities in general
terms, but that will no longer carry the day. It will take
detailed stories of what is happening in each of your cities to protect and retain the
LGA increases promised in law. We are asking each of you to write a summary, or
bullet points, to use when talking with legislators. The points you make might focus
on hardships, but they can also point to good cost - control measures that have helped
your city to stay solvent.
Once your summary is done, share it with the rest of your staff or council and then
make an appointment to meet with your legislator. You can use your summary as a
• guide during the meeting and also use it when writing legislators. Please send a copy
to the Flaherty & Hood office as well, so we can use your stories as examples when
we meet with legislators.
Greater scrutinization, or delay, of capital purchases
Read CGMC
Elimination of departments or positions
Imposing a hiring freeze or pause; going to a four day work week
city stories
• Reductions in expenditures or services
on revserse!
Delay of capital expenditures
• Raising or adding fees
Depletion of reserve funds
• Employee wage freeze or cuts; changes to employee benefits
More cooperation between city departments /and or other units of
government
• Reorganizations to bring about organizational efficiencies
•i Energy conservation program
g
More partnerships �tQ
www. greatermncities . org
i
The City of Sartell, population 14,000, has had long - standing orderly
annexation agreements with a neighboring township, but it can no longer
Sartell afford to bail out developed areas within the township. In the past, the
city helped homeowners with failing septic systems by bringing them
Patti Gartland into the city, correcting the problem and stopping further environmental
degradation, but unless there is a change in revenue stream, that will
no longer happen. Because approximately 50% of the cost to retrofit
developed parts of the township with municipal utility service is not
assessable to the benefiting property owners, City taxpayers have
historically carried half of the cost to fix a problem they had no part in
creating. Additionally, Sartell has also decided not to fill two positions this year and is
unlikely to next year either —one in the maintenance department and one in the police
department. The city will probably have to back off on some street maintenance next
year despite the fact that it is dedicating all its share of LGA toward repairing and
maintaining streets. If LGA is cut, those funds will be depleted, shortening the life -
span of the streets and leading to higher infrastructure costs in the future.
Melrose city officials have followed the governor's wishes by cutting
staff, services and even one department in order to keep their citizen's
Melrose tax rates down in the years following the 2003 LGA cuts. During this
Brian Beeman tune, they used much of their budget reserves, once healthy but now
almost depleted, and are facing a quarter million dollar capital outlay
deficit every year. Delayed projects have been stacked up for so long that
the city auditor has told the council that unless something is done, the
city will face a financial train wreck by 2014. These delays have raised
the costs of repair significantly. For example, delays in seal coating one
city street now means that it has to be torn out, dug down to the base,
and completely rebuilt, tripling the cost of the project. Melrose, population3,500,
is typical of many small cities in that LGA makes up about half of its revenue base.
They are not sure how they are going to survive now, so any further cuts in LGA
would be devastating.
Spending reductions, across- the -board budget cuts and the use of
jbudget reserves are all tactics used by the Mankato City Council to
Mankato stay within the levy limitations imposed by the Legislature last session.
Pat Hentges They are also offering incentives —such as three years of paid medical
insurance —in early retirement packages, since the state of the economy
has made people reluctant to retire. Most of those positions will remain
open for at least two years, allowing the city to make use of the savings,
while essential positions will be filled by people hired at a lower pay
• scale than their predecessors. One of the issues the council is struggling
with is what to do about the public projects within the city's capital
improvement plan, since eliminating them would have such a negative affect on local
construction companies and workers, further tamping down the economy of this city
of 35,500 people.
6
AMENDMENT TO SUBDIVISION AGREEMENT
Southwind Second Addition
CITY OF HUTCHINSON, MINNESOTA
THIS AGREEMENT, made and entered into the day and year set forth hereinafter by
and between Hutchinson Land Holdings L.L.C., a Minnesota Limited Liability Company, fee
owner, hereinafter called the "Subdivider "; Citizens Bank & Trust Co., a Minnesota Corporation,
hereinafter called the "Mortgagee ", and Hutchinson, a Municipal Corporation in the County of
McLeod, State of Minnesota, hereinafter called the "City ";
WITNESSETH:
1
WHEREAS, the Subdivider is the owner and developer of property situated in the
County of McLeod, State of Minnesota, which has been surveyed and platted as "Southwind"
and as "Southwind Second Addition ", and
WHEREAS, the parties have entered into a subdivision agreement for the subdivision
"Southwind" and the subdivision of "Southwind Second Addition', and
WHEREAS, Subdivider has a pending sales agreement to sell " Outlot B" of the
subdivision to Hutchinson Health Care, and
WHEREAS, it is the intention of the City, Subdivider and Mortgagee to exempt " Outlot
B" of the subdivision from the requirements of the Subdivision Agreement so that the sale can be
effectuated, and
NOW, THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS:
That Outlot B of Southwind Second Addition is exempted and released from the
Subdivision Agreement dated October 27, 2003, and filed for record in the office of
the McLeod County Recorder as Document No. A- 337474 and the Subdivision
Agreement dated September 22, 2008, and filed for record in the office of the
McLeod County Recorder as Document No. T48910 on December 12, 2008.
• 2. That the remaining real property in the Southwind Second Addition shall still be
subject to the requirements of the Subdivision Agreement enunciated in (1) above.
SIGNATURES
Iiutchinson Land Holdings L.L.C., a Minnesota Limited Liability Company, fee owner, and,
Citizens Bank & Trust Co., Minnesota Corporation
SUBDIVIDER: Hutchinson Land Holdings, L.L.C, fee owner (Subdivider)
Printed Name and Title
STATE OF MINNESOTA The foregoing instrument was acknowledged before me
this
COUNTY OF McLeod _day of . 2009, by Hutchinson Land
Holdings, L.L.C, fee owner
Notary Public, County, Minnesota
• My Commission Expires
MORTGAGEE: Citizens Bank & Trust Co., a Minnesota Corporation
STATE OF MINNESOTA
COUNTY OF McLeod
•
Timothy Ulrich, President/C00
Printed Name and Title:
The foregoing instrument was acknowledged before me
this
day of
2009,
of, Citizens Bank & Trust Co., Mortgagee.
Notary Public,
My Commission Expires
County, Minnesota
0 APPROVED BY THE HUTCHINSON CITY COUNCIL THE DAY OF 2009.
CITY OF HUTCHINSON:
STEVEN W. COOK, MAYOR GARY D. PLOTZ, CITY ADMINISTRATOR
STATE OF MINNESOTA
COUNTY OF McLeod
THIS INSTRUMENT WAS DRAFTED BY
Marc A. Sebora, City Attorney
• Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(320- 234 -5662)
40
The foregoing instrument was acknowledged before me
this
day of 2009, by Steven W. Cook,
Mayor and Gary D, Plotz, City Administrator of the City of
Hutchinson.
Notary Public, County, Minnesota
My Commission Expires
