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cp07-12-2011 cCouncil Budget Workshop- 4: 00 p.m. AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 12, 2011 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — St. Anastasia Catholic Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JUNE 28, 2011 Action — Motion to approve as presented 6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise ave een a egate to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13896 -RESOLUTION IN SUPPORT OF LUCE LINE STATE TRAIL 2. ORDINANCE NO. 11 -0670 — AN ORDINANCE AMENDING SECTIONS 92.60 AND 92.62 OF THE HUTCHINSON CITY CODE ALLOWING FOR FLAG RETIREMENT SERVICE AND CEREMONY (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 11 -0671 —AN ORDINANCE AMENDING ZONING ORDINANCE CHAPTER 154, DEFINITIONS; SECTION 154.004, SEXUALLY ORIENTED BUSINESSES (1)(a)(b)(c) and 3(a)(b) WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 11 -0672 — AN ORDINANCE AMENDING ZONING ORDINANCE CHAPTER 154; SECTION 154.167, VARIANCES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE FOR HUTCHINSON FIRE RELIEF ASSOCIATION ON SEPTEMBER 10, 2011, AT HUTCHINSON FIRE STATION (c) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO HUTCHINSON HOCKEY ASSOCIATION ON OCTOBER 8, 2011, AT HUTCHINSON CIVIC ARENA (d) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO KEITH HEIKES OF FACTORY DIRECT FURNITURE FROM JULY 28,2011 — AUGUST 8, 2011, IN HUTCHINSON MALL PARKING LOT CITY COUNCIL AGENDA —JULY 12, 2011 (e) CONSIDERATION FOR APPROVAL OF 37TH ANNUAL ARTS & CRAFTS FESTIVAL AND TASTE OF HUTCHINSON TO BE HELD SEPTEMBER 16 & 17, 2011, IN LIBRARY SQUARE (fl CONSIDERATION FOR APPROVAL OF ITEMS FOR PLAZA 15 PARKING LOT IMPROVEMENTS PROJECT (LETTING NO. 5, PROJECT NO. 11 -06) (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. - NONE 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. ways oo ing towara theluture, not monitoring past) (a) DISCUSSION OF STORM TREE DAMAGES AND CLEAN UP ACTIVITIES Action - 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF PURCHASING PROPERTY LOCATED AT 105 2ND AVENUE SW Action — Motion to reject — Motion to approve 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF REVISED CEMETERY ORNAMENTATION REGULATIONS Action — Motion to reject — Motion to approve (b) DEMONSTRATION OF EVERBRIDGE EMERGENCY NOTIFICATION SYSTEM AND CONSIDERATION FOR APPROVAL OF EMERGENCY NOTIFICATION POLICY Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF SETTING DATE FOR CITY ADMINISTRATOR SIX -MONTH PERFORMANCE REVIEW Action — Motion to reject — Motion to approve 11. GOVERNANCE (Purpose: toassesspastorganizational performance, developpol icythatguides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) PLANNING, ZONING, AND BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2011 (b) FIRE DEPARTMENT MONTHLY REPORT FOR JUNE 2011 (c) LIQUOR HUTCH FINANCIAL QUARTERLY REPORT FOR APRIL — JUNE 2011 (d) WEED NOTICES MONTHLY REPORT FOR JUNE 2011 12. MISCELLANEOUS 13. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, NNE 28, 2011 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Coo c e the meeting to order. Members present were Mary Christensen, Bill Arndt and Chad Czmowski. Member absent was Eric Yost. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney 2. INVOCATION — Due to the absence of the pastor, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JUNE 14, 2011 Mayor Cook noted that the action item under Item 6(a)3 needed to be changed. The motion indicates that Item 6(a)2 was approved and that should be changed to reflect that Item 6(a)3 was approved. Motion by Christensen, second by Cook, to approve the minutes with the revision noted above. Motion carried unanimously. 6. CONSENT AGENDA (Purpose: onlyfor items requiri ng Council approval by external entities that would otherwise ave been delegated to t e City Administrator. Traditionally, items are not discusses¢ (a) RESOLUTIONS AND ORDINANCES ORDINANCE NO. 11 -0670 — AN ORDINANCE AMENDING SECTIONS 92.60 AND 92.62 OF THE HUTCHINSON CITY CODE ALLOWING FOR FLAG RETIREMENT SERVICE AND CEREMONY (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR JULY 12, 2011) (b) PLANNING COMMISSION ITEMS CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY SCOTT BAKEBERG, VILLAGE RANCH INC., COKATO, MINNESOTA, TO ALLOW A TEN BED RESIDENTIAL BOYS GROUP HOME LOCATED AT 851 DALE STREET SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13895) CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154, DEFINITIONS; SECTION 154.004, SEXUALLY ORIENTED BUSINESSES (1)(a)(b)(c) and 3(a)(b) WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 11 -0671 FOR JULY 12, 2011) 3. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTION 154.167, VARIANCES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 11 -0672 FOR JULY 12, 2011) (c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE 5bJ CITY COUNCIL MINUTES JUNE 28, 2011 TO MCLEOD COUNTY AGRICULTURE ASSOCIATION FROM AUGUST 17-21,2011, FOR MCLEOD COUNTY FAIR (d) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 10 & 11, 2011 (e) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 11, 2011 (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Czmowski, second by Arndt, to approve consent agenda. Motion carried unanimously. 7. PUBLIC HEARINGS — 6:00 P.M. - NONE 0 necessary to (Purpose: to provide Council with information not monitoring past) (a) DISCUSSION OF STATUS OF SCHOOL ROAD NW IMPROVEMENTS PROJECT (LETTING NO. 1, PROJECT NO. 11 -01) Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that discussions have been held with Mn/DOT in reference to the School Road project. Mr. Exner noted that he has written a letter to Mn/DOT requesting that the project be put on hold in the event the state has a shutdown due to budget issues. The City is requesting to postpone the project until June 2012 with the understanding that the City will be allocated the full $920,000 of dedicated federal aid funding. Reasons to support the request include that the project has not begun yet, sampling and testing would be difficult during a shutdown, starting the project after July 1 would move out the completion date which hampers the schoollbus traffic and the City is not willing to jeopardize the federal aid funding by proceeding with the project during a shutdown. Mr. Exner spo a of other projects that need to be completed between now and the Fall as well and some staffing issues that the department is seeing. Jeremy Carter, City Administrator, noted that bonding for the project will be pulled out of next year's bond funds. Motion by Arndt, second by Christensen, to suspend the School Road project to June 2012 if the State has a government shutdown effective July 1, 2011. Motion carried unanimously. (b) DISCUSSION OF CEMETERY ORNAMENTATION REGULATIONS John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the cemetery currently regulates decorations on cemetery lots. Mr. Olson reported that a trend has occurred whereby cemetery lots are decorated with unique objects. Staff is recommending that unique decorations be wholly within a permitted flower pot or flower box that fits securely over the headstone of above - ground monuments. These pots and boxes would be purchased from the cemeterx. Decorations would not be allowed to hang out or over the container or be placed on the ground. Staff is also recommending that no decorations be allowed if its design includes glass, light or noise elements or a mobile decoration. Revisions will be made to Section 94.40 of the City Code to include these regulations and proposed to the Council in the future. (c) DISCUSSION OF TH 15 WATER MAIN LINING PROJECT (LETTING NO. 6, PROJECT NO. 11 -09) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that Mn/DOT sent a letter to staff in reference to this project. Because the City has a work permit with the State associated with this project, all work must be suspended by July 1, 2011, if a State government shutdown does occur. This delay may result in substantial re- mobilization and delay claims from the project contractor. City staff will submit a letter to Mn/DOT requesting that this work be allowed to proceed as planned and permitted. Motion by Arndt, second by Czmowski, to authorize staff to submit letter to Mn/DOT requesting that this project proceed. Motion carved unanimously. 2 CITY COUNCIL MINUTES JUNE 28, 2011 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) CONSIDERATION OF SUPPORT FOR RIVERSONG FESTIVAL John Rodeberg, Riversong Festival representative, presented before the Council. Mr. Rodeberg explained that this is the third year of the Riversong Music Festival. The festival is asking that the City continue to support the festival as it has the first two years, such as providing dust control and spraying for mosquitos, striping the parking area, providing portable light towers, preparing and helping in cleaning up the site and providing gators and other equipment. Also, the Festival would like to construct a permanent stage in coordination with the City. Riversong is proposing to pay for all materials and for the primary carpenters and will be coordinating with City staff to construct the piers and prepare the site. Volunteers will help complete the construction of the stage. Bill Arndt has agreed to donate beams from the old railroad trestle near ShopKo. The stage will be municipally -owned that will benefit the entire community for any event. Mayor Cook expressed that the proposed stage does not appear to be intrusive to the park but more of an enabler for other activities. Mayor Cook requested that if improvements are planned for the stage in the future, that the Council be brought into the discussion early on. Mayor Cook also noted that Riversong should help with future maintenance of the stage. Marc Sebora, City Attorney, spoke about the donations that will need to be recognized. Motion by Christensen, second by Czmowski, to approve support of RiverSong music festival including the construction of the stage. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF PURCHASING PROPERTY LOCATED AT 105 2ND AVENUE SE Mayor Cook noted that Council Member Christensen will be abstaining from voting on this item due to her association with Historic Hutchinson. In addition, due to the absence of Council Member Yost, Mayor Cook is suggesting to table this item to the next Council meeting. Marc Sebora explained that the proposal before the Council is to have the City purchase the property in the amount of $35,000 from Gus Wurdell. In addition, the City will convey property near New Dimension Plating to Mr. Wurdell. Mayor Cook noted that the arrangement with Historic Hutchinson will be similar to that of the Harrington Merrill House in that Historic Hutchinson will raise funds for the restoration of the property. Mayor Cook also noted that discussion has been held with a potential tenant who would pay for ongoing utility costs. Motion by Arndt, second by Cook, to table this item to July 12, 2011. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF COOPERATIVE AGREEMENT FOR BRIDGE REPLACEMENT ON COUNTY STATE AID HIGHWAY 115 (SOUTH GRADE ROAD) AND JURISDICTIONAL TRANSFER OF STREETSMIGHWAY IN HUTCHINSON, MINNESOTA Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff has received an agreement from the McLeod County Highway Department allowing for the transfer of a segment of South Grade Road (School Road SW to Underwood Drive) which includes abridge in the City's jurisdiction. Also to be addressed is the transfer of a segment of Bluff Street NE (TH 7/22 to Washington Avenue) which includes a bridge in the County 's jurisdiction. Since this would be a county tumback, the City will obtain state aid mileage which would include state aid funding. Mr. Exner reviewed the cooperative agreement details with the Council. Motion by Arndt, second by Czmowski, to approve cooperative agreement with McLeod County. Motion carried unanimously. 11. GOVERNANCE (Purpose: to assesspast organizationalperformance, developpolicy thatguides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) 5�-� CITY COUNCIL MINUTES JUNE 28, 2011 (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JUNE 7, 2011 (b) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2011 (c) PLANNING COMMISSION MINUTES FROM MAY 17, 2011 Discussion was held regarding a 5 -lot development that was approved by the Joint Planning Commission west of Golf Course Road. 12. MISCELLANEOUS Jan Brown, 445 Hassan Street, asked if the River Horse project was addressed this evening. Mayor Cook explained that a workshop was held prior to the Council meeting. No decision was made on the project, however the Public Arts Commission will be holding a public forum on public arts in general. A decision on the River Horse project will be decided at a later date by the City Council. Ms. Brown voiced her opposition to the River Horse project. Ms. Brown asked questions as to how Girl Scout Park was selected as the site. Mayor Cook answered some questions on behalf of the Public Arts Commission. Mary Ellen Felix, 435 Hassan Street, presented before the Council. Ms. Felix voiced her opposition to the River Horse project and the location being considered. Bill Arndt — Council Member Arndt noted that at the Hutchinson Safety Council Teeting held earlier a couple of requests came forward that he would like to pass on. The residents on 8` Avenue intersecting School Road would like a crosswalk. A "No UTum" sign was requested at the intersection of Freemont/Hwy 15 South. Jeremy Carter — 400 Lynn Road update — a hazard review has been completed and asbestos should be removed in July /August. The house is schedule to be demolished in August. Citizen notification syystem of Everbridge is ready to go live July 13`h after a policy approval by the City Council at the July 12` meeting. Khe` nt Exner — mosquito control will be conducted on Friday, July I", due to the holiday on Monday, July 4. Kouwe/Water /James Street project will begin after the July 0 holiday. Mayor Cook — McLeod County put in bonding request for Luce Line Trail for 2012. A Resolution of Support will be placed on the next Council agenda for the Council to consider. Local sales tax is part of a larger bill that is being moved through. A news conference is being held tomorrow at 2:30 p.m. at City Center on local government aid. Mayor Cook noted that the $35,000 purchase pri ce being considered for 105 2nd Avenue SW is less than what the property is valued at. 13. ADJOURN Motion by Arndt, second by Christensen, to adjourn at 7:20 p.m. Motion carried unanimously. 4 5/ \ Resolution No. 13896 Resolution of Support to Secure State Bonding to Further Develop the Luce Line State Trail WHEREAS, The City of Hutchinson believes that trails are an important asset for the community, has an on -going trail plan and has made, and continues to make, investments in the development of trails throughout the community, and; WHEREAS, The City believes that multi -use trail development provides the opportunity to effect the greatest amount of trail users and achieve the greatest benefits, and; WHEREAS, The City has supported efforts to enhance Luce Line State Trail development, and; WHEREAS, The City believes that further development of the Luce Line State Trail would provide opportunities for expanded recreational use, improved safety, and wellness activities, and; WHEREAS, The City believes that further development of the Luce Line State Trail would provide economic opportunities to the area, and; WHEREAS, The City believes that further development of the Luce Line State Trail would provide the ability to create a unique regional trail system through the linkage opportunities to other communities, their trail systems and looping opportunities to other trail systems in the area including the Dakota Trail and a future trail to Greenleaf State Recreational Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT: The City supports a $2,500,000 appropriation from the bond proceeds to the Commissioner of Natural Resources for paving the Luce Line State Trail between the cities of Winsted and Cedar Mills. The trail between Winsted and Cedar Mills shall be available for multiple uses including hiking, biking, rollerblading, horseback riding, cross - country skiing and snowmobiling. Adopted by the City Council on this 12s' day of July, 2011. r:11MI0.y1m Steven W. Cook, Mayor Jeremy J. Carter, City Administrator (0ta) I ORDINANCE NO. 11 -0670 — AN ORDINANCE AMENDING SECTIONS 92.60 AND 92.62 OF THE HUTCHINSON CITY CODE ALLOWING FOR FLAG RETIREMENT SERVICE AND CEREMONY THE CITY OF HUTCHINSON ORDAINS: § 92.60 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FIRE CHIEF and CHIEF OFFICERS. The Fire Chief and Chief Officers of the Fire Department which provides fire protection services to the city. FLAG RETIREMENT SERVICE AND CEREMONY. A dignified and solemn service and ceremony conducted by a congressionally chartered veterans' organization for the purpose of properly disposing of worn American flags or those flags which are otherwise unsuitable to be used as a symbol of the United States. OPEN BURNING. The burning of any matter if the resultant combustion products are emitted directly to the atmosphere without passing through a stack, duct or chimney, except a "recreational fire" as defined herein. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas devices are not defined as "open burning." RECREATIONAL FIRE. A fire set with approved starter fuel no more than three feet in height, contained within the border of a "recreational fire site" using dry, clean wood; producing little detectable smoke, odor or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational, ceremonial, food preparation for social purposes; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance, health or safety hazards will not be created. No more than one recreational fire is allowed on any property at one time. RECREATIONAL FIRE SITE. An area of no more than a three foot diameter circle (measured from the inside of the fire ring or border); completely surrounded by non - combustible and non -smoke or odor producing material, either of natural rock, cement, brick, tile or blocks or ferrous metal only an which area is depressed below ground, on the ground, or on a raised bed. Included are permanent outdoor wood burning fireplaces. Burning barrels are not a "recreation fire site" as defined herein. Recreational fire sites shall not be located closer than 25 feet to any structure. STARTER FUELS. Dry, untreated, unpainted, kindling, branches, cardboard or charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start an open bum. (,L )a WOOD. Dry, clean fuel only such as twigs, branches, limbs, "presto logs," charcoal, cord wood or untreated dimensional lumber. The term does not include wood that is green with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue or preservatives. Clean pallets may be used for recreational fires when cut into three foot lengths. § 92.62 PERMIT REQUIRED FOR OPEN BURNING. No person shall start or allow any open burning on any property in the city without first having obtained an open burn permit, except that a permit is not required for any fire which is a recreational fire or which is a part of a Flag Retirement Service and Ceremony as defined in § 92.60. Penalty, see § 92.99 Adopted by the City Council this 12th day of July, 2011. Steven W. Cook Mayor ATTEST: Jeremy J. Carter City Administrator PUBLICATION NO. ORDINANCE NO. 11 -0671 AN ORDINANCE AMENDING CITY CODE CHAPTER 154 — ZONING; SECTION 154.004, DEFINITIONS; SEXUALLY ORIENTED BUSINESS (1)(a)(b)(c) and (3)(a)(b) THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Notice of public hearing was duly given and publication of said hearing was duly made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend the City Code, Chapter 154, Zoning; Section 154.004, definitions of sexually oriented business. § 154.004 DEFINITIONS SEXUALLY ORIENTED BUSINESS. Shall include the following: (1) A business that meets any of the following criteria, measured on a daily, weekly, monthly, or yearly basis: (a) Has more than 5% of its inventory, stock -in- trade, or publicly displayed merchandise in sexually oriented materials; (b) Devotes more than 200 sq. ft. of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to sexually oriented materials; or (c) Derives more than 10% of its gross revenues from sexually oriented materials; or (2) A business that engages for any length of time in a sexually oriented use as defined in this section or any other use that has an emphasis on specified sexual activities or specified anatomical areas; or (3) A sexually oriented business shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access: (a) Movie rentals. Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator. (b) Magazines. Publications classified or qualifying as sexually oriented shall be covered with a wrapper or other means to prevent display or any material other than the publication title. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 12th day of July, 2011. Attest: Jeremy J. Carter City Administrator Steven W. Cook Mayor Ll 3 PUBLICATION NO. ORDINANCE NO. 11 -0672 AN ORDINANCE AMENDING CITY CODE CHAPTER 154 — ZONING; SECTION 154.167, VARIANCES THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Notice of public hearing was duly given and publication of said hearing was duly made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend the City Code, Chapter 154, Zoning; Section 154.167, Variances 154.167 VARIANCES. (A) Authority and conditions. (1) The Planning Commission, acting as the Board of Adjustments and Appeals, is authorized to hear requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hapdriMp practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance and when the variances are consistent with the comprehensive plan. "Undue " as 11 ed in eenneelien with the granting e f a vafienee means tue pmpefty -- t be lande%mer is due te ..tanees .. 'Y u Y Y ! f an a to the p .. —..-t. d b 1. 1 d net . Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control, plight of the landowner is due to circumstances unique to the property not created by the landowner, the variance if granted will not alter the essential character of the locality. Economic considerations alone shag do not constitute an - e -le e^_ a uRder. , r �Y e�inenee practical difficulties. Practical difficulties Undue -1� also includes, but is are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 2 14, when in harmony with the ordinance. The Planning Commission may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The Planning commission may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The Planning Commission may impose conditions in the granting of variances. te inswe eemplianse and te pfeteet adjaeeat pmpefties. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance (2) The conditions cited as reason for granting a variance must be due to physical conditions unique to the land or building involved and must not be applicable to other sites in the &lAjLq Ordinance # 11 -0672 Section 154.167 July 12, 2011 Page 2 same zoning district. Economic considerations may be taken into account but shall not by themselves be the reason for which a variance is granted. where selaf energy systems an used in" be eemider-ed gr-eunds Aff (3) Specific conditions and safeguards may be imposed upon the premises benefitted by a variance as considered necessary to prevent injurious effects upon property in the neighborhood or upon public facilities and services. Violation of those conditions and safeguards shall be a violation of this chapter. (4) Within the floodway or flood fringe districts, no variance may permit a lower degree of encroachment than the regulatory flood protection elevation for that particular area. (B) Procedures. (1) An application for a variance shall be submitted to the Zoning Administrator. A nonrefundable application fee, established from time to time by the City Council to cover administrative costs and costs of the hearing, shall accompany each application. The application shall contain the following information, as well as additional information as may be required by the Zoning Administrator: (a) A site plan drawn to scale showing the property dimensions, existing and proposed buildings and other structures, existing and proposed grading, landscaping, easements and location of utilities, as applicable. The Zoning Administrator may require the applicant to obtain a certified survey at the time of application; (b) The particular requirements of this chapter which prevent the proposed use or construction; (c) The characteristics of the subject property which prevent compliance with the requirements of this chapter; (d) The minimum reduction of the requirements of this chapter which would be necessary to permit the proposed use or construction; (e) The particular hardship which would result if the particular requirements of this chapter were applied to the subject property; and (f) If the variance is part of an application for commercial, industrial or multiple - family residential site plan approval, all of the submittal requirements for a site plan in § 154.169(B)(1) of this code shall also apply. (2) (a) A public hearing shall be set, advertised and conducted by the city's Planning Commission in accordance with § 154.171 of this code. cv(A) N Ordinance #11 -0672 Section 154.167 July 12, 2011 Page 3 (b) For a variance in the floodway or flood fringe district, the Zoning Administrator shall submit to the Commissioner of Natural Resources a copy of the application for proposed variances located in the floodway or flood fringe district sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing. (3) Within 30 days following the close of the public hearing, the city's Planning Commission shall render its decision recommending granting or denying the variance. The decision shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed variance. The plans and specifications shall remain a part of the permanent records of the city's Planning Commission. The findings of fact shall specify the reason or reasons for granting or denying the variance. The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact. (a) Any aggrieved person may appeal a decision of the Planning Commission to the City Council. (b) Motions on variances require a simple majority of the Planning Commission or City Council for passage. (4) A copy of all decisions granting a variance in a floodway or flood fringe district shall be forwarded to the Commissioner of Natural Resources within ten days of the action. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 12th day of July, 2011. Attest: Jeremy J. Carter City Administrator Steven W. Cook Mayor (-,V (A-) 9 I I I Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151/Fm: (320) 234 -4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application Type fd� Short Term Date(s) Fee: $30.00 Month/Day/Year — Month/Day/Year Organization Information e %e LO 44OfJ S37 -2-Sb6 Name Phone Number _ `aoS- 3rd Tuft S N1a Address where regular meeting are held City State zip Day and time of meetings? -.10,11f e— Q 6- "ft'pm 2!/E 3fgt f Is this organization organized under the laws of the State of Minnesota? yes ❑ no How long has the organization been in existence? a, How may members in the organization? What is the purpose of the organization? e NCJnt� K f avt� oKa,4yv ` In whose custody will organization records be kept? �lg maws - - 7 913 Name Phone Number 3 �SZ i44a, �4"at/ Address I - _Y�w'Q city State zip /Y/HTr h raYS S'C7-?4o6 True Name Phone Number 11-IWE Al l sus z� Residence Address City State ' zip Date of Birth: / / Place of Birth: 7p/I) (% Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes k7 no If yes, explain: T66) City of Hutchinson Applicanonjor Bingo Gambling Devices License Page 2 of 3 - rue Name Phon -Num ro Resider e Address City Stale Zip Date of Birth: 1 Place of Birth: pi/ Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes If yes, explain: How long have you been a member of the organization? Location Name of location where game will be play, C2'O7- arc, xFl� s'� Address of location where game will be played Phone Number Hk City State Date(s) and/or day(s) gambling devices will be used: "d0— L through Hours of the day gambling devices will be used: From j 'PM To Maximum number of player: / Will prizes be paid in money or me rc andise? 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 4L rno 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 ply Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no be made for such `p{�lS 1 c%e -stiff"' Title Aw SIN 1 }Itth may, MN 55360 Residence Address City State � Zip r� wiYN liml* Vi(6 - Name Title r 3Aq Vicw •D►'• SVV Lsm ft seep Residence Address k City State Zip L ('L) City of Hulchinson Applicationfor B' o Gambling Devices License Page 3 of 3 Name Title esidence Address Paid 1�61No Ptntp 7in Nate/ Title I3�5a P wy -7 MN Residence Iddress City State zip Name Title Residence Address City State zip Title State 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 tChapter 349)? Gambling Manager 121-yes ❑ no Authorized Officer LUyes ❑ 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 gaakling agd\I will familiarize myself with the contents thereof. 7C Date manager of organization Date City Council ❑ approved ❑ denied Notes: � 66) Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101 -5133 (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 W W W.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE M 1 Y Yb V K YKIlV 1 llvr V tuvus i wiv NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER ES 3�ts�3 �, STREET ADDRESS CITY STATE ZIP CODE I *"- Ave Skn1 t l U'It,(N IV\SON 1 61rI !J NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE 9;b) 9- - or> r �-s rs DATES LIQUOR WILL BE SOLD , TYPE OF ORGANIZATION ORGANIZATION OFFICER'S NAME ADDRESS ol✓ — Q es� t IL13 5 o a tl� ,l� Gbc ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe ti Itzi c4i�n C�v'c Arel.t� R5r f ia✓r �+c %+ 1 Sr- SL) Nt.tfc. 41 Colet rk N s33 So Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. No Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. Q 41 GG cGP 4/ A. 150y, ,15� � .� ,aGl�Y74'" _ IP3.— —"-- �aunaSo�jl I r I APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY /COUNTY ` 11 �k-At-V4NSOYN, DATE APPROVED CITY FEE AMOUNT Q v1S . VO LICENSE DATES DATE FEE PAID ID �si—1 o rnnamv ncvurser APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS -09079 (05106) cv� N4� dF G tc-) MINNESOTA LIQUOR LIABILITY ASSIGNED RISK PLAN MINNESOTA JOINT UNDERWRITING ASSOCIATION 445 MINNESOTA ST SUITE 514 SAINT PAUL, MN 55101 -0760 (651) 222 -0484 OR 1- 800 -552 -0013 CERTIFICATE OF INSURANCE FOR LIQUOR LIABILITY COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THE CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE CONTRACT LISTED BELOW. POLICY NUMBER: 11 -0283 CONTRACT PERIOD: 12:01 A.M. 10/8/2011 TO 12:01 A.M. 10/9/2011 (or the timelhour the event license expires) CONTRACT HOLDER & ADDRESS HUTCHINSON HOCKEY ASSOCIATION 1435 8TH AVE. SW HUTCHINSON, MN 55350 SCHEDULED PREMISES: CIVIC ARENA, 950 HARRINGTON ST. SW, HUTCHINSON, MN 55350 THIS IS TO CERTIFY THAT THE CONTRACT OF COVERAGE DESCRIBED HEREIN HAS BEEN ISSUED TO THE CONTRACT HOLDER NAMED ABOVE AND IS IN FORCE AT THIS TIME. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN TO THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH CONTRACT. TYPE OF COVERAGE LIMITS OF LIABILITY BODILY INJURY $ 300,000 EACH PERSON 1,000,000 EACH OCCURRENCE PROPERTY DAMAGE $ 60,000 EACH OCCURRENCE LOSS OF MEANS OF SUPPORT $ 300,000 EACH PERSON 1,000,000 EACH OCCURRENCE PECUNIARY LOSS $ 300,000 EACH PERSON 1,000,000 EACH OCCURRENCE ANNUAL AGGREGATE $ 1,000,000 ANNUALLY SHOULD THE ABOVE CONTRACT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE PLAN WILL MAIL 60 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, HOWEVER, IN THE EVENT THE CANCELLATION IS FOR NON PAYMENT OF PREMIUM, THE PLAN WILL MAIL A 10 DAY WRITTEN NOTICE. CERTIFICATE HOLDER NAME & ADDRESS CITY OF HUTCHINSON 10 FRANKLIN ST SW HUTCHINSON, MN 55350 AGENCY NAME & ADDRESS INSURANCE BY DESIGN 14041 BURNHAVEN DR., STE 100 BURNSVILLE, MN 55020 DATE OF ISSUE: 6/22/11 AUTHORIZED REPRESENTATIVE tC-) MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor & Council FROM: Chief Dan Hatteno DATE: June 24, 2011 RE: Consent Agenda — Transient Merchant License Application and Investigation A background check was conducted on Keith Heikes of Factory Direct Furniture in reference to his obtaining a transient merchant license in the City of Hutchinson. Factory Direct Furniture will be selling home furnishings out of a tent at the Hutchinson Mall parking lot from 7/28/11 to 8/08/11. This is the first year Mr. Heikes has applied for this permit. Mr. Heikes does not have a criminal history and only has two speeding violations listed on his driving record. He does not have any warrants for his arrest. In checking the in- house records, the most recent contact with Mr. Heikes consists of reporting incidents and as a victim. It would be my recommendation to grant the transient merchant license to Keith Heikes. /csb 2011 -01 -0016 C] 111 Hum Street Southeast Hutchinson, MN 55350 (320) 587- 5151/Fn: (320) 2344240 City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS Application Type (choose one) ❑ Solicitor $125.00 Date of Application — 6/17/11_ Transient Merchant $125.00 Date(s) of Event: _728409 ❑ Peddler $125.00 ❑Parade Peddler $30.00 Applicant Information 2" X 2" Picture Required Name: Keith & Kevin Heikes / Factory Direct Furniture Height: Weight: Eye Color: Driver's License Number: State: Permanent Address: 16919 Hwy. 7 East – PO Box 696 Hutchinson MN 55350 City MN Zip Permanent Telephone: 320 -587 -7283 Temporary Address: Ciry State zip Temporary Telephone Access: Have you been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations? ❑ yes ❑ no If yes, state the nature of offense and punishment or penalty assessed therefore: cc t> City of Hutchinson Application for Peddlers, Solicitors, and Transient Merchants Page 2 of 4 Hutchinson Mall parking lot Location Name (CANNOT OCCUPY PUBLIC RIGHT -OF -WAY) Hwy. 15 South Hutchinson MN 55350 Location Address City State Zip If the applicant is not the property owner, the property owner must sign below tft permission for use of said property: Property owne ign lur Property owner name Business Information Describe relationship between applicant and employer: Owners Describe nature of business and describe item(s) offered: We are looking to do a tent sale in the parking lot of the Hutchinson Mall. Products offered will be furniture, Mattresses, Tables, Accessories, Lamps, Rugs and other related products. Describe method of delivery: Describe source of supply: Supplier Name Supplier Address City Supplier Name Supplier Address Ciry Suppler Name SupplierAddress City Suppler Phone Number State 71p Suppler Phone Number State Zip Suppler Phone Number State ti Provide two (2) property owners (preferably in McLeod County) for character references: Property Owner Name Property Owner Phone Number Ldj City of Hutchinson Application for Peddlers, Solicitors, and Transient Merchants . Page 3 of 4 v Property Owner Address City State -Zip Property Owner Name Property Owner Phone Number List last (up to three (3)) previous city(ies) where you carried on same activity: City to state Date(s) of Activity to State Date(s) of Activity to State Date($) of The following items need to be completed and/or attached in order for the application to be processed: /� Applicationflnvestigation fee paid in full (check or money order): Ij yes ❑ no � #1446-do 71 11 Aoolication completed in full and signed: fixes ❑ no I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied H:&.n.dApPhw .. Peddla, Widw. Tnuieet Notes: XY -� // Of Date G Wj Site Plan TENANTINDEX ,. IWNN04s 31.142 SF S� A Taco Bell 2 XPE1B+ET 34,314 SF Z I Cash Wise i JDAMN FABRICS 13A40 SF e. ENCORE ECNOOLff DANCE 5090 SF 1 12 WOOOBINFMFS 4,1x6 SF .� .. .• —'^� —. _ ,_ _ I T i 15 VANITY LAM SF Holiday 1 :1 uaaNs si>9 SF 6' 2 t7 Y 'i. 24. BAM&B00YVMlq 1018 SF s IC PENNEY ° it Buffalo — +`;° a. AVAILABLE 765 SF 1•,,•v '•-'-_�"-. -; wild Wings 3i: -� 76. aHBSTOPM 6 BANKS 2,765 SF /�f{[,r' i 79. AYABASLE 10q SF R. NAODSNAC4 2.01 SF 45 7 't As ONEATSALE04C01INT 4951 6F Im r�ry'"k ... , 51. BOVBITOIYNCLOTIm 4790 SF 1500 39 ^ 64 00llAN THEE SF k i .... 1 rr)r / r �___________ - -- -- � p,1,,,,�,,.�` a _ 4l p"f%! t �� 35. x76OEx9S 2.941 SF ` iA�A•VA l MANN ry �r 1 - _ _ fd MWE1VIIrt FAME ZM SF MIA ' N FABRICS +••+ I t.� o f 1 .r ii j a CABBLETSIOV 1,476 IS — A .. n _ f gill, t Bt. Cab 1146 8F + 24 =84 R7ti/" Kentucky n F"CHRQPMTIC 1276 SF 1� Fried i4 mxESTVISIM I.M SF A2 15 - � 96 '.• . , 4 ! Chicken 14. V6CEL 6H SF 12 = •., �� I m AVAILABLE 601 SF '+ 112 100 r"; it AVAILABLE 550 SF cx4i ( 6 i $1. REGIS 476 SF li' Q CLAWS 13M SF Runnings e • McDonalds K FAL9LYifA6LEiCDE1II4TRY ]AR SF 96 CommSOON - i NA .6VA 1,4611 SF ti4�SK1N�¢N MALL 91 GL" 314 sF jL _ 96. NNSMNBL S.SFS 8F Hutchinson, Minnesota t o)( p2 VAM FNEPACE&SPA 1.296 SF • ll ME AWPIUA 2S3 SF G ^} 9 1 9001A AVABAALE 1AI 5F Jlj A 90016. AVNASLE 116 SF a L ±�. MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Chief Daniel Hatten DATE: June 30, 2011 RE: Consent Agenda 37th Annual; Arts & Crafts Festival and Taste of Hutchinson Attached is a copy of a letter I received from Angela Brandel, Festival Coordinator, for the annual Arts & Crafts Festival and Taste of Hutchinson. My staff and I have met with Ms. Brandel and discussed their request regarding the police department's participation during the Arts & Crafts Festival. I also plan to speak with the other departments that will be impacted by this event I am comfortable and confident that we can meet the needs of the Hutchinson Area Chamber of Commerce and recommend approval of this request. Farmers Market will be moved to City Center but all access to the parking lot and payment boxes will remain available. /csb 2011 -01 -0018 Chamber of Commerce Convention & Visitors Bureau June 15, 2011 Dan Hatten Chief of Police Hutchinson Police Department 10 Franklin St SW Hutchinson, MN 55350 Dear Chief Hatten: 2 Main Street South Hutchinson, MN 55350 320.587.5252 800.572.6689 Fax 320.587.4752 info @explorehutchinson.com www.explorehutchinson.com The 37a' Annual Arts & Crafts Festival and Taste of Hutchinson will be held Friday, September 16, 10 am — 6 pm and Saturday, September 17, 9 am — 4 pm in Library Square and Is' Ave SE. Setup for the festival will begin on Thursday, September 15d' at 8 am. The event will end on Saturday the 17`l' at 4 pm. Cleanup is usually completed by 8 pm on the 17`s. A rain location will not be provided. A severe weather emergency plan is currently in place. The Arts & Crafts Festival committee would like to request the support and assistance of the City of Hutchinson in regards to the areas outlined in the attached document. We understand that our request for support of the festival will affect multiple City of Hutchinson departments. In order to maintain positive relationships with area businesses, the Arts & Crafts Festival committee will be sending letters of notice to the businesses that will be directly affected by the event taking place in downtown Hutchinson. We truly appreciate the City of Hutchinson's role in making this annual event a success in the Hutchinson community. Thank you for your support! If you have any questions regarding this request, please contact Angela Brandel at 320 - 234 -0786 or email aneela(&exnlorehutchinson.com Sinc ly, Age randel Chamber CVB / Arts & Crafts Festival Staff Cc: Sergeant Joseph Nagel �p (e) 37`" Annual Hutchinson Arts & Crafts Festival and Taste of Hutchinson Request of Support from the City of Hutchinson — June 15, 2011 Administration • The Hutchinson Ambassadors wish to reserve all concession rights in the downtown area as well as the control of any and all food exhibitors for the Taste of Hutchinson. The Ambassadors have an agreement with the Downtown Association regarding the operation of the Popcorn Wagon during the event. • Use of electricity in band shell and along I' Ave SE during the festival weekend Police Department • Overnight security on Thursday, September 150' and Friday, September 160'. • Assistance with pedestrian traffic crossing on the corner of Main Street and I' Ave. • Assistance in directing vendor traffic during the event • Emergency services support during the event Parks & Recreation • Exclusive use of Library Square for art & craft exhibitors for September 15 -17, 2011 • Delivery of picnic tables to the 101 Park Place parking lot on Thursday, September 150i. • Removal of select park benches within Library Square on Thursday, September 150i. Street Department • Closing of I" Ave SE between Main Street and Hassan Street for the Taste of Hutchinson on September 15 -17, 2010 • Closing of Hassan St between Washington Ave E to 3rd Ave SE for arts & crafts exhibitor loading, unloading, dumpsters, and restrooms • Closing of the municipal parking lot on the corner of Hassan Street and I" Ave SE for September 15 -17, 2010 • Restriction of parking on the east side of Main Street between 1' Ave SE and Washington Ave and long the south side of Washington Ave between Main St and Hassan St. Co ce) C TO: Mayor & City Council FROM: Kent Exner, DPW /City Engineer RE: Consideration of Items for Plaza 15 Parking Lot Improvements Project (Letting No. 5/Project No. 11 -06) DATE: July 26, 2011 Bids for the above referenced project were received on Wednesday, June 2SP. The apparent low bid was very favorable with at total construction cost amount about 14% lower than the Engineer's estimate. Thus, the necessary Resolutions and Publication Notices to administer the Assessment Hearing and potential Project Award on August 9, 2011, are attached for your consideration. City staff has had communications with adjacent property owners in regards to the proposed project improvements and estimated special assessment amounts. At this point, City staff is in the process of securing the necessary Roadway & Utility Easement documents to appropriately construct this project. We recommend that the attached Resolutions and Publication Notices be approved. cc: Jeremy Carter, City Administrator (o (f) RESOLUTION NO. 13897 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5100 LETTING NO.51PROJECT NO. 11-06 WHEREAS, cost has been determined for the improvement of: Plaza 15 Parking Areas by roadway /parking lot reconstruction, curb and gutter, draintile installation, bituminous /concrete surfacing, stormwaterldrainage improvements, water distribution /sanitary sewer repairs/upgrades, street lighting, trails/sidewalks, landscaping, restoration and appurtenances; and the estimated construction cost for such improvement is $496,414.72. With the estimated expenses incurred or to be incurred in the making of such improvement in the amount of $119,139.53, the total estimated cost of the improvement is $615,554.25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be an estimated amount of $169,158.28 and the portion of the cost to be assessed against benefited property owners is declared to be $446,395.97. 2. Assessments shall be payable in equal annual installments extending over a proposed period often (10) years, the first of the installments to be payable on or before the first Monday in January, 2012 and shall bear interest at the rate of _ percent per annum from November 1, 2011. 3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof Adopted by the Council this 12th day of July 2011. Mayor City Administrator bcf) f - - - -- CCMPILEDRY'PVANOERVEEN ASSESSMENT ROLL NO 5100 LETTING NO. 5 /PROJECT N0.17 -06 plaza l5 Parkln5 Ames by roatruay /parking lot nac,bswcLmy curt and gutter, amin111e IOsldllai tlluminoualcpnvate suRacing, ammweter /drelnagn Improvements, water disultutipNaanrtary sewer repairsiumaisls. street Ilgnung llawivoawa ks. landscaping, re oraton and appuM1enances COST PER . 1. wxPUTED Br:KxsssxER f{W,186.97 unIT- wMPSUU _ CHECKED BY: K E%NER ADOPTED- 1STHEARING: IV142010 NUMBER OF YEARS 10 2ND HEARING: INTEREST RAT@ z to _ YIL \amRaf wimmmi 15Yaji LNN.006A1gl{ 4RIB9MgN1Y1111MSa 14T \xfMAY M911AVpWpf, MR,niK a6{!{aMa 1 "I'Mi LL ,VaNaMMO 1WLL 01116291H Ol 23216 W10 1005 Hi 15 South Hlyc_ Lot, 162.tllocF I Can, ACms uLldivimun 2446.395.97 5496.39597 u A 1095 HwY 15 South HutoLnson MN 55350 TOTAL ANNIWNT R MO. 1 n s4wa9597 Sg.o9 GA5.0FaeMENT FOLLSnOLLSde1r5A -SIDd LSGtr G6L 23LASSESslibi FOIL AFS!2 L5 .105 -e5X 115 Yyv I d1 RESOLUTION NO. 13898 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5100 LETTING NO. 51PROJECT NO. 11 -06 WHEREAS, by a resolution passed by the Council on the 12th day of July 2011, the City Engineer was directed to prepare a proposed assessment of the cost of improving: Plaza 15 Parking Areas by roadway /parking lot reconstruction, curb and gutter, draintile installation, bituminous /concrete surfacing, stormwater /drainage improvements, water distribution /sanitary sewer repairstupgrades, street lighting, trails/sidewalks, landscaping, restoration and appurtenances; WHEREAS, the City Engineer has notified the Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 9th day of August, 2011, in the Council Chambers at Hutchinson City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 15th, 2011. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 12th day of July 2011. Mayor City Administrator L (f) PUBLICATION NO. 7888 NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. SA -0100 LETTING NO. 51PROJECT NO. 11 -06 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 6:00 P.M. on the 9th day of August 2011, in the Council Chambers at City Hall at Hutchinson, Minnesota, to consider and possibly adopt the proposed assessment for the improvement of: Plaza 15 Parking Areas by roadway /parking lot reconstruction, curb and gutter, draintile installation, bituminous/concrete surfacing, stormwater /drainage improvements, water distribution /sanitary sewer repairs/upgrades, street lighting, trails /sidewalks, landscaping, restoration and appurtenances; Adoption by the Council of the proposed assessment against abutting property may occur at the hearing This assessment is proposed to be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January 2012, and will bear interest at the rate of 10 percent (plus or minus) per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the November 1, 2011 until December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by November 15th, 2011. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31 st of the year in which such payment is made. Such payment must be made before November 17th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 10 percent (plus or minus) per year. The right to partially prepay the assessment shall be until November 15, 2011. The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $446,395.97. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. �(f) PUBLICATION NO. 7888 ASSESSMENT ROLL NO. SA -5100 LETTING NO.51PROJECT NO. 11-06 PAGE 2 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objectors witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape- recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayoror City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. Jeremy J. Carter, City Administrator City of Hutchinson, Minnesota PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, JULY 20TH, 2011. � (0 R55CKREG LOG22001VO Check # 166220 166222 166223 166224 166225 166226 166227 166228 166229 166230 166231 166232 166233 166234 166235 166236 166237 166238 166239 166240 166241 166242 166243 166244 166245 166246 166247 166248 166249 Ck Date 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 Amount 10,000.00 1,734.33 527.35 665.45 53.44 132.40 108.07 104.00 64.13 15,835.16 74.21 859.20 696.99 3,125.00 10,132.10 1,814.50 50.00 246.81 260.65 318.24 99.99 503.43 2,310.00 48,435.55 42.50 76.95 37.41 293.07 816.00 CITY OF HUTCHINSON Council Check Register - 7/12/2011 Vendor / Explanation ABDO, EICK & MEYERS ACE HARDWARE ACTION ACCENTS ADVANCED PROCESS SOLUTIONS ALPHA WIRELESS AMERICAN BOTTLING CO AMERICAN FAMILY INS CO. AMERICAN RED CROSS - MINNESOTA AMERIPRIDE LINEN & APPAREL ANDERSON CHEMICAL COMPANY ARAMARK UNIFORM SERVICE ARCTIC GLACIER PREMIUM ICE INC ARROW TERMINAL LLC ARTHUR J GALLAGHER RISK B. W. WELDING BAYCOR FIBRE TECH INC BERNER, JIM BERNICK'S BLACK GOLD ENVIRONMENTAL SERVI BLACKWELL, DAN BORDSON, GRANT BRANDON TIRE CO BRYAN STREICH TRUCKING C & L DISTRIBUTING CENTRAL HYDRAULICS CENTRAL LANDSCAPE SUPPLY CMK SERVICES LLC COLLINS BROTHERS COLORLYNE DIRECTORIES OF MN 7/7/2011 Account Description AUDIT & FINANCE REPAIR & MAINTENANCE SUPPLIES OPERATING SUPPLIES EQUIPMENT PARTS COMMUNICATIONS COST OF MIX & SOFT DRINKS ACCRUED LIFE INSURANCE OPERATING SUPPLIES CONTRACT REPAIR & MAINTENANCE CHEMICALS & PRODUCTS SHOP MATERIALS COST OF MIX & SOFT DRINKS EQUIPMENT PARTS GENL LIAB: INSURANCE RECEIVED NOT VOUCHERED EQUIPMENT PARTS OPERATING SUPPLIES COST OF MIX & SOFT DRINKS CONTRACT REPAIR & MAINTENANCE TRAVEL SCHOOL CONFERENCE UNIFORMS & PERSONAL EQUIP CENTRAL GARAGE REPAIR FREIGHT - IN COST OF SALES -BEER RECEIVED NOT VOUCHERED OPERATING SUPPLIES OTHER CONTRACTUAL COST OF MIX & SOFT DRINKS ADVERTISING ■ 166250 166251 166252 166253 166254 166255 166256 166257 166258 166260 166261 166262 166263 166264 166265 166266 166267 166268 166269 166270 166271 166272 166273 166274 166275 166276 166277 166278 166279 166280 166281 166282 166283 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 67.58 110.00 164.05 21.00 3,836.00 225.00 8,335.09 65.87 1,717.38 12.15 1,350.00 74.77 106.28 875.26 2,876.00 23.76 192.00 1,200.00 11.67 630.00 309.34 626.94 1,255.00 38.00 16,375.86 70.85 14,304.08 3,200.00 125.64 408.74 535.88 8,046.00 126.11 581.75 COMDATA CORPORATION CORNER POST EROSION CONTROL CREEKSIDE SOILS CROW RIVER AUTO & TRUCK REPAIR CROW RIVER OFFICIALS ASSN CZECH, RANDY DAY DISTRIBUTING DOMINO'S PIZZA DPC INDUSTRIES INC DROP -N -GO SHIPPING, INC DUANE BLOCK TRUCKING INC DUNDEE DYNA SYSTEMS E2 ELECTRICAL SERVICES INC EATON CORPORATION ECONO FOODS ELECTRO WATCHMAN ENVIRONMENTAL TOXICITY CONTROL EWING, BRENDA EXTREME BEVERAGE LLC FASTENAL COMPANY FINANCE & COMMERCE FIRE SAFETY USA, INC FISHER, RUTH FREMONT INDUSTRIES, INC G & K SERVICES GARICK CORPORATION GAVIN, OLSON & WINTERS, LTD GLACIAL RIDGE WINERY GRAINGER H.A.R.T. HACH COMPANY HAGER JEWELRY INC. HALI -BRITE INC CONTRACT REPAIR & MAINTENANCE OPERATING SUPPLIES CENTRAL GARAGE REPAIR OTHER CONTRACTUAL TRAVEL SCHOOL CONFERENCE COST OF SALES -BEER TRAVEL SCHOOL CONFERENCE CHEMICALS & PRODUCTS POSTAGE FREIGHT MISCELLANEOUS RECEIVED NOT VOUCHERED RECEIVED NOT VOUCHERED CONTRACT REPAIR & MAINTENANCE OPERATING SUPPLIES CONTRACT REPAIR & MAINTENANCE PROFESSIONAL SERVICES TRAVEL SCHOOL CONFERENCE COST OF MIX & SOFT DRINKS REPAIR & MAINTENANCE SUPPLIES PROFESSIONAL SERVICES SMALL TOOLS RECREATION ACTIVITY FEES CHEMICALS & PRODUCTS UNIFORMS & PERSONAL EQUIP RECEIVED NOT VOUCHERED PROFESSIONAL SERVICES COST OF SALES-WINE REPAIR & MAINTENANCE SUPPLIES ACCRUED DEFERRED COMP CONTRACT REPAIR & MAINTENANCE MISCELLANEOUS OPERATING SUPPLIES ul 166284 166285 166286 166287 166288 166289 166290 166291 166292 166293 166294 166295 166296 166297 166298 166299 166300 166301 166302 166303 166304 166305 166306 166307 166308 166309 166310 166311 166312 166313 166314 166315 166316 166317 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 2,448.04 1,843.76 217.03 3,658.90 1,716.00 1,413.03 485.00 2,069.80 1,230.42 259.00 2,201.00 5,952.70 305.45 5,394.96 1,472.80 1,179.00 350.08 4,000.00 9.17 257.68 789.38 4,375.82 726.00 429.59 460.00 320.55 22,077.01 200.00 1,842.30 339.85 125.00 509.92 604.08 250.00 HENRY'S WATERWORKS INC HIGHWAY TECHNOLOGIES HILLYARD / HUTCHINSON HJERPE CONTRACTING HOLLER OLSEN & SON HOLT MOTORS INC HOLT TOUR & CHARTER HOUSTON SERVICE INDUSTRIES INC HUTCH AUTO BODY HUTCH CAFE HUTCHINSON AREA HEALTH CARE HUTCHINSON CO -OP HUTCHINSON CO -OP AGRONOMY HUTCHINSON CONVENTION & VISITO HUTCHINSON LEADER HUTCHINSON SENIOR ADVISORY BOA HUTCHINSON WHOLESALE HUTCHINSON, CITY OF INDEPENDENT EMERGENCY SERVICES INTERSTATE BATTERY SYSTEM MINN JACK'S UNIFORMS & EQUIPMENT JEFF'S ELECTRIC JENNEKE, RESA JJ TAYLOR DIST OF MN 1N MACHINING & REPAIR JOANIE'S CATERING JOHNSON BROTHERS LIQUOR CO. JORDAHL, JIM JUUL CONTRACTING CO KEEPRS, INC KEMPFERT, MICALIE KORONIS TIRE INC L & P SUPPLY CO LEAGUE OF MN CITIES -INS TRUST STREET MAINT.MATERIALS SIGNS & STRIPPING MATERIALS CLEANING SUPPLIES CONTRACT REPAIR & MAINTENANCE PROFESSIONAL SERVICES EQUIPMENT PARTS OTHER CONTRACTUAL CONTRACT REPAIR & MAINTENANCE MACHINERY & EQUIPMENT OPERATING SUPPLIES COMMON AREA MAINTENANCE LANDSCAPE MATERIALS CHEMICALS & PRODUCTS LODGING TAX REIMBURSEMENT ADVERTISING OPERATING SUPPLIES REPAIR & MAINTENANCE SUPPLIES MISCELLANEOUS COMMUNICATIONS EQUIPMENT PARTS MACHINERY & EQUIPMENT REPAIR & MAINTENANCE SUPPLIES PROFESSIONAL SERVICES COST OF SALES -BEER RECEIVED NOT VOUCHERED OPERATING SUPPLIES COST OF SALES- LIQUOR OPERATING SUPPLIES RECEIVED NOT VOUCHERED OPERATING SUPPLIES UNIFORMS & PERSONAL EQUIP STREET MAINT.MATERIALS REPAIR & MAINTENANCE SUPPLIES GENL LIAB: INSURANCE m- 166318 166319 166320 166321 166322 166323 166324 166325 166326 166327 166328 166329 166330 166331 166332 166333 166334 166335 166336 166337 166338 166339 166340 166341 166342 166343 166344 166345 166346 166347 166348 166349 166350 166351 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 764.29 40,362.35 31,016.93 125.00 239.48 46.21 225.00 44.76 200.00 500.00 35.00 136.80 784.13 56.00 416.60 6.93 85.00 1,015.56 102.50 262.50 495.00 115.90 38.00 36.87 3,921.10 137.76 82.20 992.00 61.00 410.00 293.76 232.27 51.43 4,765.29 LIFE INSURANCE COMPANY OF AMER LOCHER BROTHERS INC LOGIS LOKENSGARD, THOMAS LYNDE & MCLEOD INC M -R SIGN MADSEN TREE SERVICE MARSHALL CONCRETE PRODUCTS MCLAIN- URDAHL, STEPHANIE MCLEOD COUNTY COURTADMINISTRA MCLEOD COUNTY FAIR MCLEOD COUNTY SHERIFF'S OFFICE MENARDS HUTCHINSON MESSNER, KYLE METRO ATHLETIC SUPPLY INC MICHIGAN DEPARTMENT OF AGRICUL MINNESOTA ASSN OF CEMETERIES MINNESOTA DEPT OF LABOR & INDU MINNESOTA DEPT OF MOTOR VEHICL MINNESOTA MUNICIPAL UTILITIES MINNESOTA NURSERY & LANDSCAPE MINNESOTA SHREDDING MINNESOTA SPORTS FEDERATION MINNESOTA STATE BAR ASSOC. MINNESOTA VALLEY TESTING LAB MOTION INDUSTRIES INC NAGEL, JOSEPH NCPERS LIFE INS. NELSON, DANETTE NORTH SHORE ANALYTICAL INC NORTHERN BALANCE & SCALE NORTHERN BUSINESS PRODUCTS NORTHLAND CHEMICAL CORP NU- TELECOM EMPL.HEALTH & INS. BENEFIT COST OF SALES -BEER SMALL TOOLS UNIFORMS & PERSONAL EQUIP RECEIVED NOT VOUCHERED SIGNS & STRIPPING MATERIALS OTHER CONTRACTUAL REPAIR & MAINTENANCE SUPPLIES RENTS-BLDGS OTHER OTHER REVENUES ADVERTISING PROFESSIONAL SERVICES CLEANING SUPPLIES OTHER REVENUES OPERATING SUPPLIES DUES & SUBSCRIPTIONS DUES & SUBSCRIPTIONS BLDG PERMIT SURCHARGES MISCELLANEOUS OPERATING SUPPLIES DUES & SUBSCRIPTIONS CONTRACT REPAIR & MAINTENANCE OPERATING SUPPLIES DUES & SUBSCRIPTIONS OTHER CONTRACTUAL RECEIVED NOT VOUCHERED OPERATING SUPPLIES ACCRUED LIFE INSURANCE OTHER REVENUES OTHER CONTRACTUAL CONTRACT REPAIR & MAINTENANCE OPERATING SUPPLIES CLEANING SUPPLIES COMMUNICATIONS 166352 166353 166354 166355 166356 166357 166358 166359 166360 166361 166362 166363 166364 166365 166366 166367 166368 166369 166370 166371 166372 166373 166374 166375 166376 166377 166378 166379 166380 166381 166382 166383 166384 166385 V 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 243.12 73.39 579.90 200.00 1,950.00 21.39 15,931.77 20.34 1,750.00 7,500.00 207.27 36.56 1,333.80 238.69 71.95 757.94 11,614.35 172.37 1,812.60 53.43 154.35 136.00 417.11 6,673.12 64.00 1,800.00 1,204.28 25.00 1,238.47 42,397.43 64.20 80.00 1,105.25 131.22 O'REILLY AUTO PARTS OFFICE OF ENTERPRISE TECHNOLOG OLSON'S LOCKSMITH PEARCE, GREG PEAT INC. PENKE, JACKIE PHILLIPS WINE & SPIRITS POSITIVE ID INC POSTMASTER PREMIER TECH PACKAGING PRIDE SOLUTIONS, INC PRO AUTO & TRANSMISSION REPAIR PRO CARE SERVICES INC PRO -BUILD PROMAXX TRUCK PARTS QUADE ELECTRIC QUALITY WINE & SPIRITS CO. QUILL CORP R.J.L. TRANSFER RADIOSHACK CORPORATION RAMY TURF PRODUCTS RECREONICS REFLECTIVE APPAREL FACTORY INC REINER ENTERPRISES, INC REINER, MARNE RIVERLAND COMMUNITY COLLEGE RUNNING'S SUPPLY RUTTGERS BAY LAKE LODGE SCHMELING OIL CO SCHOOL DIST # 423 SCOTT'S WINDOW CLEANING SERVIC SCOTTING, TROY SEH SEPPELT, MILES CENTRAL GARAGE REPAIR COMMUNICATIONS OPERATING SUPPLIES PROFESSIONAL SERVICES SMALL TOOLS COST OF SALES-WINE DUE FROM UTILITIES POSTAGE RECEIVED NOT VOUCHERED RECEIVED NOT VOUCHERED CONTRACT REPAIR & MAINTENANCE REPAIR & MAINTENANCE SUPPLIES EQUIPMENT PARTS OPERATING SUPPLIES COST OF SALES - LIQUOR OFFICE SUPPLIES FREIGHT SAFETY SUPPLIES LANDSCAPE MATERIALS OPERATING SUPPLIES SAFETY SUPPLIES FREIGHT OTHER REVENUES TRAVEL SCHOOL CONFERENCE OPERATING SUPPLIES TRAVEL SCHOOL CONFERENCE MOTOR FUELS & LUBRICANTS OTHER REVENUES CONTRACT REPAIR & MAINTENANCE RECREATION ACTIVITY FEES PROFESSIONAL SERVICES TRAVEL SCHOOL CONFERENCE 166386 166387 166388 166389 166390 166391 166392 166393 166394 166395 166396 166397 166398 166399 166400 166401 166402 166403 166404 166405 166406 166407 166408 166409 166410 166411 166412 166413 166414 166415 166416 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 100.00 17.19 128.39 18.55 304.65 291.27 758.16 739.04 171.95 84.78 1,865.06 1,492.99 326.34 1,479.58 125.00 1,143.85 597.00 338.24 10.58 762.50 16,089.80 523.25 304.00 931.24 1,536.00 10,660.00 80.00 544.00 167.25 27,463.42 371.91 187.56 375.12 190.23 SHAW, KAREN SHELLENBARGER, VIRGENE SHOPKO SORENSEN'S SALES & RENTALS SOURCE ONE SUPPLY INC SPRINT STAPLES ADVANTAGE STRATEGIC EQUIPMENT TARGET BANK TASC TESSMAN SEED CO THE HARTFORD TIMBERLAKE LODGE TITAN MACHINERY TRICK, SAMANTHA TWO WAY COMMUNICATIONS INC UNITED LABORATORIES USA BLUE BOOK VALLEY NATIONAL GASES LLC VIK'S LANDSCAPING & LAWN CARE VIKING BEER VIKING COCA COLA VINOCOPIA INC WASTE MANAGEMENT OF WI -MN WCCO -AM WEBB PALLET WIEWECK, RYAN WINE COMPANY, THE WINE MERCHANTS INC WIRTZ BEVERAGE MINNESOTA WM MUELLER & SONS WM MUELLER & SONS WM MUELLER & SONS WM MUELLER & SONS PROFESSIONAL SERVICES OPERATING SUPPLIES LANDSCAPE MATERIALS REPAIR & MAINTENANCE SUPPLIES REPAIR & MAINTENANCE SUPPLIES COMMUNICATIONS OFFICE SUPPLIES COST OF MIX & SOFT DRINKS OPERATING SUPPLIES FLEX ADMINISTRATION FEE OPERATING SUPPLIES EMPL.HEALTH & INS. BENEFIT TRAVEL SCHOOL CONFERENCE CENTRAL GARAGE REPAIR UNIFORMS & PERSONAL EQUIP CONTRACT REPAIR & MAINTENANCE CLEANING SUPPLIES EQUIPMENT PARTS RENTALS CONTRACT REPAIR & MAINTENANCE COST OF SALES -BEER COST OF MIX & SOFT DRINKS COST OF SALES - LIQUOR REFUSE - RECYCLING RECEIVED NOT VOUCHERED RECEIVED NOT VOUCHERED RECREATION ACTIVITY FEES COST OF SALES -WINE COST OF SALES -WINE FREIGHT STREET MAINT.MATERIALS STREET MAINT.MATERIALS STREET MAINT.MATERIALS STREET MAINT.MATERIALS 166417 166418 166419 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 7/12/2011 100.00 17.19 128.39 18.55 304.65 291.27 758.16 739.04 171.95 84.78 1,865.06 1,492.99 326.34 1,479.58 125.00 1,143.85 597.00 338.24 10.58 762.50 16,089.80 523.25 304.00 931.24 1,536.00 10,660.00 80.00 544.00 167.25 27,463.42 371.91 187.56 375.12 190.23 SHAW, KAREN SHELLENBARGER, VIRGENE SHOPKO SORENSEN'S SALES & RENTALS SOURCE ONE SUPPLY INC SPRINT STAPLES ADVANTAGE STRATEGIC EQUIPMENT TARGET BANK TASC TESSMAN SEED CO THE HARTFORD TIMBERLAKE LODGE TITAN MACHINERY TRICK, SAMANTHA TWO WAY COMMUNICATIONS INC UNITED LABORATORIES USA BLUE BOOK VALLEY NATIONAL GASES LLC VIK'S LANDSCAPING & LAWN CARE VIKING BEER VIKING COCA COLA VINOCOPIA INC WASTE MANAGEMENT OF WI -MN WCCO -AM WEBB PALLET WIEWECK, RYAN WINE COMPANY, THE WINE MERCHANTS INC WIRTZ BEVERAGE MINNESOTA WM MUELLER & SONS WM MUELLER & SONS WM MUELLER & SONS WM MUELLER & SONS PROFESSIONAL SERVICES OPERATING SUPPLIES LANDSCAPE MATERIALS REPAIR & MAINTENANCE SUPPLIES REPAIR & MAINTENANCE SUPPLIES COMMUNICATIONS OFFICE SUPPLIES COST OF MIX & SOFT DRINKS OPERATING SUPPLIES FLEX ADMINISTRATION FEE OPERATING SUPPLIES EMPL.HEALTH & INS. BENEFIT TRAVEL SCHOOL CONFERENCE CENTRAL GARAGE REPAIR UNIFORMS & PERSONAL EQUIP CONTRACT REPAIR & MAINTENANCE CLEANING SUPPLIES EQUIPMENT PARTS RENTALS CONTRACT REPAIR & MAINTENANCE COST OF SALES -BEER COST OF MIX & SOFT DRINKS COST OF SALES - LIQUOR REFUSE - RECYCLING RECEIVED NOT VOUCHERED RECEIVED NOT VOUCHERED RECREATION ACTIVITY FEES COST OF SALES -WINE COST OF SALES -WINE FREIGHT STREET MAINT.MATERIALS STREET MAINT.MATERIALS STREET MAINT.MATERIALS STREET MAINT.MATERIALS 166420 7/12/2011 189.70 166421 7/12/2011 187.02 166422 7/12/2011 3,537.68 166423 7/12/2011 779.38 499,817.90 Payment Instrument Totals Check Total 499,817.90 Total Payments 499,817.90 N- WM MUELLER & SONS WM MUELLER & SONS WORK CONNECTION, THE XEROX CORP Grand Total STREET MAINT.MATERIALS STREET MAINT.MATERIALS OTHER CONTRACTUAL COPY MACHINE PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 07/01/2011 Period Ending Date: 06/25/2011 $56,849.57 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $11,608.78 MN Department of Revenue State Withholding Tax $38,904.73 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $2,063.04 TASC Employee Flex Spending Deductions $30,694.77 TASC $5,102.27 Employee Contribution to Heath Savings Account $25,592.50 Employer Contribution to Health Savings Account $475.00 MNDCP Employee Contributions - Deferred Comp $1,115.00 ING Employee Contributions - Deferred Comp $1,230.00 ICMA Retirement Trust Employee Contributions - Deferred Comp $701.88 MN Child Support System Employee Deductions $0.00 MSRS - Health Savings Plan Employee Deductions to Health Savings Plan $143,642.77 Total Electronic Funds Transfer 0 r_ City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone(320)234 -4219 Fax(320)234 -6971 July 11, 2011 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager Subject: STORM RECOVERY The severe thunderstorms and accompanying winds of Friday July 1, 2011 resulted in significant damage to trees in Hutchinson. The timely response is a result of City departments working well together. Since the storm started, staff has responded to dozens of calls regarding tree damage. Several more-damaged trees have been noticed while working to remove debris. I hope by the end of • July, staff will have a solid list of the trees damaged and work necessary to save or remove them. The following is a brief narrative of storm recovery operations: July 1, 2011— Storm Damage • Responding crew from Public Works (Operations & Maintenance and Wastewater) and Parks operated heavy equipment to remove tree debris from roadways. • Police and Fire personnel responded by moving smaller branches from roadways. • Cleared debris from 40 different areas where large limbs/trees were blocking roadways • Worked directly with Police and Fire during initial response. Response efforts for Police, Fire and Public Works were well executed using the incident command system. • Roadways were cleared within 4 hours. Week of July 4, 2011 • Beginning on July 5, three separate crews were established. Once crew to haul large debris piles, one to chip brush, and one to perform pruning. • Efforts were coordinated with Park department to ensure high -risk trees were addressed in a timely manner. • One pass through the north side of Hwy 7 was completed. The area north of Hwy 7 was • finished Thursday July 7. WAV /r • • Crews began working east - to-west, south of Hwy 7. By the end of the week, areas east of Main St S had one pass for large debris completed. The chipping crew was up to about Adams St SE. • No efforts were made to quantify the extent of trees damage, as crews were busy with debris removal. Week of July 11, 2011 • Three crews (hauling, chipping, pruning) are continuing to work east to west, south of Highway 7. • A contractor has been hired to help supplement the City's chipping crew. As soon as possible, the contractor will begin working until his crews meet up with City crews. • Weather permitting, by Thursday, the whole City should be completed with a first pass for both large debris and chipping. • Crews will continue to clear broken limbs from boulevard trees. Crews will also respond to specific issues identified during initial efforts. The City's chipping crew will backtrack, as necessary, to address specific areas. • Friday July 15 has been set as the deadline for private parties to place brush in the boulevard. After July 15, brush will no longer be picked up. • In certain cases after July 15, particularly for boulevard trees, it may be necessary to make special arrangements with Public Works to remove the brush. • It may be possible to dedicate some staff time later in the week to quantify damage and compile damage reports. • Week of July 18, 2011 • Crews will continue to clear broken limbs and address issues identified in previous weeks. • An inventory of tree work necessary to save and/or remove tree will begin to be compiled for a potential tree removaVpruning contract. • Final areas where brush removal is necessary will be completed. r� L W /. REAL ESTATE PURCHASE AGREEMENT Parties. This Purchase Agreement is made and effectiLe on the last date executed below by and between the City of Hutchinson, a Minnesota municipal corporation, ("Buyer°, and Gustav C. Wurdell and Elizabeth A. Wurdell, husband and wife, ( "Selers'). Offer/ Acceptance. Sellers agree to convey real property (the "Property) in McLeod County, Minnesota, as follows: West Half of Lots 6 and 7, South Half, City of Hutchinson Purchase Price and Terms. The purchase price for the property shall be thirty -five thousand dollars and no cents ($35,000.00) which the Buyer agrees to pay in cash or by certified check or bank draft on the date of the closing and upon delivery of the deed as hereinafter provided. As additional consideration, Buyer will convey to Sellers a Quit Claim Deed to the following parcel in McLeod County, Minnesota (see Exhibit A attached). Closing Date. The closing of this transaction shall take place by September 15, 2011 Deed. At closing, Sellers shall execute and deliver a Warranty Deed conveying title of record, subject to building and zoning laws, ordinances, state and federal regulations, exceptions to title which constitute encumbrances, restrictions or easements of record. Damages to Real Property. If the real property is substantially damaged prior to closing, this purchase agreement shall terminate and the earnest money, if any, shall be refimded to Buyer. If the real property is damaged materially but less than substantially prior to closing. Buyer may rescind this purchase agreement by notice to Sellers within twen"ne (2 1) days after Sellers notify Buyer of such damage, during which 21-day period Buyer may inspect the real property, and in the evert of such recession, the earnest money, if any, shall be refunded to Buyer. Sellers' Lien Warrants. Sellers warrant that there has been no labor or material fumished to the properly for which payment has not been made. Condition of PU M. Sellers shall remove all debris and all personal property not included in this sale from the property before possession date. Sellers have not received any notice from any governmental authority as to the existence of any Dutch elm disease, oak wilt, or other disease of any trees on the property. Sellers know of no hazardous substances or petroleum products having been placed, stored, or released from or on the property by any person in violation of any law, nor of any underground storage tanks having been located on the property at any time. Notwithstanding Buyer's environmental investigations of the property, Sellers do not warrant and represent to Buyer that there have been no acts or occurrences upon the property that have caused or could cause hazardous substances or petroleum products to be released or discharged into the subsoil or ground water of the property or other property in the area. Sellers do not represent and warrant to Buyer that the property is free of hazardous substances and is not subject to any "superfirnd" type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the property. Sellers know of no wetlands, flood plain, or shoreland on or affecting the property. Sellers' warranties and representations contained in this section shall survive the delivery of the deed provided that any notice of a defect or claim of breach of warranty must be in writing. Any such notice with respect to matters referred to in this section must be given by the Buyer to the Sellers within one year of the date of closing or they will be deemed waived The conditions of the conveyance of this property set forth in the Price and Terms section of this agreement 9(6-) shall also survive the delivery of the deed. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or landing regulations, Sellers do not plan to have the property inspected. Other than the representations made in this paragraph, and by any contingencies, the property is being sold "AS IS" with no express or implied representations or warranties by the Sellers as to physical conditions or fitness for any particular purpose. Disclosure ofNolices. Sellers have not received any notice from any governmental authority as to violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Sellers have not received any notice from any person as to a breach of the covenants. Sellers have not received any notice from any governmental authority conveming any eminent domain, condemnation, special taxing district, or rezoning proceedings. Should Sellers receive notice of annexation proceedings, Sellers agree to cooperate with Buyer to annex the above-described land into the City of Hutchinson. Access Prior to Closine By this purchase agreement, Buyer does not acquire any right of possession of the property, license, or easement. However, during the period from the date of the Purchase Agreement to the Closing Date, Buyer and its agents shall have access to the Property for completing such tests, studies, evaluations and other investigations as Buyer deems necessary. This right of entry shall also include dre Buyer's agents, surveyors, engineers, and site evaluators for the purposes of testing, measuring and evaluating the condition of the parcel. Possession. Sellers shall deliver possession of the property not later than September 15, 2011, the date of closing; or such earlier time as the parties may agree to. Examination of Title. Upon the execution of the purchase agreement, Sellers shall, at their expense, deliver to Buyer an updated abstract. Warranties and Representation of Sellers. By executing this agreement, Sellers represent and warrant that the Sellers are the sole owner of the property and that there is no actual pending or threatening legal action with respect to the property. Sellers also warrant that there are no other contracts for deed, agreements, and options of first refirsal affecting the property. Finally, the Sellers warrant there are no violations of applicable governmental laws, ordinances or regulations pertaining to the properly. Closing Costs and Proration. Sellers shall pay all costs and expenses necessary to place title in the condition represented by Sellers. Sellers shall pay the costs of the abstract Buyer shall pay any state deed tax due and payable with respect to the Warranty Deed conveying the property. Real estate taxes due and payable for the Property the year in which the Closing occurs shall be paid pro-rata by the Buyer and Sellers as of the Closing Date. Buyer shall pay the costs of recording the conveyance instruments and the premium for any policy of title insurance which Buyer elects to purchase. Sellers and Buyer shall share equally the closing fee charged by a title company. All other costs and expenses with respect to the property shall be prorawd between the Sellers and Buyer as is customary as of the closing date. Each party shall pay its respective allomey's fees and professional costs with respect to the negotiation and closing of the purchase. Real Estate Commission. The parties shall pay any commission or fee payable to their respective Broker or agert, if any. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota. Well Disclosure. Sellers certify that Sellers do rat know of any wells on the property. Closing Closing shall be at some mutually agreeable location. At closing, Sellers and Buyer shall disclose then Federal Tax Identification numbers for the purposes of completing state and federal tax forms. 9&L) Breach of ContractlLiquklated Damaees . the parties herein agree that the sole remedy for any and all claims of breach of contract arising out of the non - performance or breach of this purchase agreement shall be the earnest money paid by buyer and the accrued interest thereon, if any. Miscellaneous. 1. Firdtves. As part of this transaction, Sellers convey all fixtures, personal property and appurtenances located in the structure located on the property. 2. Contingency. This transaction is expressly contingent upon Sellers acquiring marketable title to the premises prior to September 15, 2011. 3. No Conditions on Use. By entering into this agreement, the parties agree that Sellers will convey and Buyer will take the premises without any restrictions on the use of, or fiuture conveyance or alteration of, the premises whatsoever. 4. This agreement is not effective until an ordinance authorizing the purchase of this real property has been approved by the City Council and published as required by the Hutchinson City Charter. SELLERS BUYER Gustav C. Wurdell Elizabeth A. Wurdell Lrn Steven W. Cook, Mayor City of Hutchinson Jeremy I Carter, City Administrator City of Hutchinson q LO)- EXHIBIT A That part of the Southeast Quarter of the Southeast Quarter of Section 36, Township 1 17 North, Range 30 West, McLeod County, Minnesota, described as follows: Commencing at the northwest corner of said Southeast Quarter of the Southeast Quarter: thence easterly, along the north line of said Southeast Quarter of the Southeast Quarter 898.00 feet: thence southerly, parallel with the west line of said Southeast Quarter of the Southeast Quarter to the south line of the North 33.00 feet of said Southeast Quarter of the Southeast Quarter and the point of beginning of the land to be described: thence continuing southerly, parallel with said west line of the Southeast Quarter of the Southeast Quarter 351.77 feet to the northerly line of the former railroad right of way: thence southwesterly, along said northerly line of the former railroad right of way 51.12 feet: thence northerly, parallel with said west line of the Southeast Quarter of the Southeast Quarter 337.75 feet: thence northeasterly, deflecting to the right 44 degrees 40 minutes 52 seconds 35.55 feet to said south line of the North 33.00 feet of the Southeast Quarter of the Southeast Quarter: thence easterly, along said south line of the North 33.00 feet of the Southeast Quarter of the Southeast Quarter 25.00 feet to the point of beginning. Subject to an easement for Storm Water Pond purposes, which Seller /Grantor reserves for itself, over, under and across that part of said Southeast Quarter of the Southeast Quarter, described as follows: Commencing at the northwest corner of said Southeast Quarter of the Southeast Quarter: thence easterly, along the north line of said Southeast Quarter of the Southeast Quarter 898.00 feet: thence southerly, parallel with the west line of said Southeast Quarter of the Southeast Quarter 155.26 feet to the point of beginning of the easement to be described: thence continuing southerly, parallel with said west line of the Southeast Quarter of the Southeast Quarter 230.40 feet to the northerly line of the former railroad right of way: thence southwesterly, along said northerly line of the former railroad right of way 51.12 feet: thence northerly, parallel with said west line of the Southeast Quarter of the Southeast Quarter 240.81 feet: thence easterly, 50.00 feet to the point of beginning. a�� C July 6, 2011 City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 2344219 Fax (320) 234 -6971 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager Subject: Cemetery Ornamentation Regulations As we discussed at the last City Council meeting, the City intends to regulate decorations placed on cemetery lots. The intent of this proposed modification to existing regulations is to provide families with a reasonable option to decorate and place ornamentation at cemetery lots. The City has recognized the desire of some people to decorate cemetery lots using unique decorations and ornaments. Current practice of removing unauthorized decorations from time to time during routine maintenance operations will continue. Items removed are put into marked bags and are retained to allow families to retrieve them. Unclaimed items are disposed of each fall and spring. Attached is the proposed modification of existing regulations: 0 Chapter 94: Cemeteries §94.40 Lot Decoration. (A) Floral regulations. The ground planting of flowers by the lot owner is not permitted The city shall have authority to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from the cemetery as soon as, in the judgment of the cemetery officials, they become unsightly, dangerous, detrimental or diseased, or when they do not conform to the standards maintained. The city shall not be liable for floral pieces, baskets or frames in which or to which floral pieces are attached. The city shall not be liable for lost, misplaced or broken flower vases. The city shall not he responsible for plants, herbage or plantings of any kind damaged by the elements, thieves, vandals or by other causes beyond its control. The city reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs, plants or herbage of any kind, unless it gives its consent. (B) Removal of floralfames. Floral, frames, when removedfrom the lot site, unless called for within five days by those lawfully entitled to them, may be disposed of by the city in any manner it sees. fit. ((,) Certain ornaments prohibited. The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, glass, wood or iron cases, and similar articles upon lots shall not be permitted, and if so placed, the city may remove the same unless they be wholly contained within an approved flower pot or flower box fitting over an upright memorial. In no case shall any decoration or ornamentation be allowed if its design is deemed to be offensive in nature include food and beverages or other items for human consumption, or. The city may remove any decoration or ornamentation immediately if it does not comply with this section, R • ORDINANCE NO. 11 -0673 — AN ORDINANCE AMENDING CHAPTER 94, CEMETERIES, OF THE HUTCHINSON CITY CODE THE CITY OF HUTCHINSON HEREBY ORDAINS: Chapter 94: Cemeteries §94.40 Lot Decoration. (A) Floral regulations. The ground planting of flowers by the lot owner is not permitted. The city shall have authority to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from the cemetery as soon as, in the judgment of the cemetery officials, they become unsightly, dangerous, detrimental or diseased, or when they do not conform to the standards maintained. The city shall not be liable for floral pieces, baskets or frames in which or to which floral pieces are attached. The city shall not be liable for lost, misplaced or broken flower vases. The city shall not be responsible for plants, herbage or plantings of any kind damaged by the elements, thieves, vandals or by other causes beyond its control. The city reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs, plants or herbage of any • kind, unless it gives its consent. (B) Removal of floral frames. Floral frames, when removed from the lot site, unless called for within five days by those lawfully entitled to them, may be disposed of by the city in any manner it sees fit. (C) Certain ornaments prohibited. The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, glass, wood or iron cases, and similar articles upon lots shall not be permitted, and if so placed, the city may remove the same unless they be wholly Adopted by the City Council this 26`h day of July, 2011. • Steven W. Cook, Mayor ATTEST: Jeremy J. Carter, City Administrator '4' I'd 10 to M E M O R A N D U M TO: Mayor and City Council FROM: Tom Kloss, Director of Information Technology <�(L RE: Everbridge Emergency Notification System DATE: 7/12/2011 On May 10, 2011, the City entered into a contract with Everbridge Inc. to provide a citizen notification system for the City of Hutchinson. Over the past 2 months, staff has been working with an implementation representative from Everbridge and have completed all of the necessary setup and data entry to go live with the system. The new system includes two separate and distinct tools. One component of the system can be used for staff communication while the other is set up for communication to the general public. The staff communication portion of the service can be used as general communication to all staff, or specific communication to specialty groups. In the event of a snow emergency, there is a preconfigured group that the Public Works manager, or designated staff, can send a message to with instructions on where and when staff should report for snow removal operations. The manager then accesses a screen indicating who is available to report for those duties based on a reply tool within the system. On the public side, City staff has several options. In the event of an emergency, or the aftermath of an emergency, City staff may use the system to blanket a message to all residents with pertinent information dealing with safety or clean-up instructions. Along with blanketing the entire City, residents also have the option to sign up for specific alerts such as snow emergencies or mosquito spraying. The system is intended to go live as of 8:30 am on Wednesday, July 13 2011. 1666) Citizen Notification System 1 Policy Statement The City of Hutchinson has implemented the Everbridge Citizen Notification system to provide mass communication in the event of an emergency or other non - emergency event as noted in this policy. The notification system may be used to provide pertinent information and instructions to City of Hutchinson Residents through voice, text messaging and/or E -mail. The Everbridge Citizen Notification System is a web -based mass notification system that sends emergency messages instantly and simultaneously to the contact path configured by the receiving party. Relevant devices include but are not limited to home phone, cell phone, text messaging and fax. 1.1 Reason For Policy This policy establishes the proper use and testing of the Everbridge Notification System. 1.2 Who Should Read This Policy City of Hutchinson Employees responsible for sending messages using the Everbridge Citizen Notification System. 2 Notification Groups Following is a list of currently configured notifications groups and their definitions: 3 Non - emergency Notifications Citizens of the City of Hutchinson can register for specific non - emergency events for which they wish to receive alerts /reminders. The non - emergency groups available for opt -in are: � o (6) A sudden unforeseen crisis, usually involving danger, which requires Emergency immediate action. A snow emergency may include significant snow fall, severe drifting and/or Snow Emergency freezing rain. Delivery of a mosquito control product via truck mounted spraying/fogging Mosquito Spraying unit. City Service Service interruptions could be planned or unplanned interruptions in water Interruptions I service. Additional services may be added in the future. City Council/Public The category includes but is not limited to regularly scheduled or special Meetings council meetings, truth in taxation meetings, town hall meeting s. 3 Non - emergency Notifications Citizens of the City of Hutchinson can register for specific non - emergency events for which they wish to receive alerts /reminders. The non - emergency groups available for opt -in are: � o (6) Messages sent using the Everbridge Notification System enable the sender to send text and voice messages to multiple types of contact paths, simultaneously. The path and type of message sent are controlled and configured by the citizen using the registration portal on the City of Hutchinson web site. It is the responsibility of the person initiating the message to create the message in both formats, text and voice. The Everbridge Notification System includes a tool to convert a message created using text to its voice equivalent. 4 Policy 4.1 Proper Use of the Everbridge Notification System The Everbridge Citizen Notification System may be used to convey information for both emergency and non - emergency events. In the event of an emergency, the City of Hutchinson may utilize the Everbridge Citizen Notification System to warn of impending danger or as a tool to be used after a disaster to communicate with those affected by the disaster. For non - emergency events, citizens of the City of Hutchinson can register for specific areas in which they wish to receive alerts/reminders. The available non - emergency groups are outlined in the table above. To help maintain system awareness and test for proper function of the notification system, the City of Hutchinson Technology Director will work with the City Administrator to create and send a bi- yearly emergency test. Additional, non - emergency communications may be sent using the emergency group to gather information or public opinion using the survey functionality of the Everbridge system. This method of communication will be kept to a minimum, or coupled with the bi- yearly test, as to not create a spam effect in which citizens begin ignoring messages from the system. 4.2 Authorized Alert System Personnel Employees of the City of Hutchinson will be given rights to specific areas of the Everbridge Citizen Notification System. Under no circumstances shall the employee share their user name or password with anyone else. If an employee shares their log -in information with Io(16) A snow emergency may include significant snow fall, severe drifting and/or Snow Emergency freezin rain. Delivery of a mosquito control product via truck mounted spraying/fogging Mosquito Spraying unit. City Service Service interruptions could be planned or unplanned interruptions in water Interruptions service. Additional services may be added in the future. City Council/Public The category includes but is not limited to regularly scheduled or special Meetings I council meetings, truth in taxation meetings, town hall meetings. Messages sent using the Everbridge Notification System enable the sender to send text and voice messages to multiple types of contact paths, simultaneously. The path and type of message sent are controlled and configured by the citizen using the registration portal on the City of Hutchinson web site. It is the responsibility of the person initiating the message to create the message in both formats, text and voice. The Everbridge Notification System includes a tool to convert a message created using text to its voice equivalent. 4 Policy 4.1 Proper Use of the Everbridge Notification System The Everbridge Citizen Notification System may be used to convey information for both emergency and non - emergency events. In the event of an emergency, the City of Hutchinson may utilize the Everbridge Citizen Notification System to warn of impending danger or as a tool to be used after a disaster to communicate with those affected by the disaster. For non - emergency events, citizens of the City of Hutchinson can register for specific areas in which they wish to receive alerts/reminders. The available non - emergency groups are outlined in the table above. To help maintain system awareness and test for proper function of the notification system, the City of Hutchinson Technology Director will work with the City Administrator to create and send a bi- yearly emergency test. Additional, non - emergency communications may be sent using the emergency group to gather information or public opinion using the survey functionality of the Everbridge system. This method of communication will be kept to a minimum, or coupled with the bi- yearly test, as to not create a spam effect in which citizens begin ignoring messages from the system. 4.2 Authorized Alert System Personnel Employees of the City of Hutchinson will be given rights to specific areas of the Everbridge Citizen Notification System. Under no circumstances shall the employee share their user name or password with anyone else. If an employee shares their log -in information with Io(16) anyone they will immediately lose all rights to the system. The employee will also be subject to disciplinary action up to and including termination of employment. 4.2.1 System Administration System administration is the responsibility of the Information Technology Director. The Backup administrator is the Information Technology Specialist. 4.2.2 Emergencies In emergency situations, the Police Chief, Fire Chief and City Administrator have the authority to send emergency communications. As administrators of the system, the City of Hutchinson Technology Director and Information Technology Specialist may send emergency messages, but only as directed by the Police Chief, Fire Chief or City Administrator. 4.23 Snow Emergencies The Public Works Manager and the Public Works Administrative Secretary will have rights and authority to send notifications to the "Snow Emergency" group in the Everbridge system. The timing and the circumstances that determine when snow emergency messages are sent are governed by the snow emergency policy. 4.2.4 Mosquito Spraying The Public Works Manager and the Public Works Administrative Secretary will have rights and authority to send notifications to the "Mosquito Spraying" group in the Everbridge system. The timing and the circumstances that determine when mosquito spraying messages are sent are governed by the mosquito spraying policy. 4.2.5 City Council/Public Meetings The City Administrator or the Administrative Coordinator shall have the rights to send out notifications to the City Council/Public Meetings group in Everbridge. 4.2.6 City Service Interruptions ? ? ? ?? The City Service Interruptions implementation is pending. The policy will be amended to include pertinent information prior to implementation. 4.3 Message Creation Authorized Alert System Personnel have the responsibility to write and disseminate the appropriate message to be sent. For consistency, simplicity, and to minimize confusion, whenever possible, the sender shall follow the guidelines in section 4.3.1 Message Guidelines. 4.3.1 Message Guidelines ► 6(-16) Messages shall be written in a manner to support automated text to speech translation. Minimal or preferably no use of acronyms is ideal. All messages must contain an appropriate lead -in, for example: Non - emergency message lead -in "The City of Hutchinson has an important message for you, please listen to the entire message before selecting an option, thank-you. " Emergency message lead -in "This is an emergency message from the City of Hutchinson, please listen to the entire message before selecting an option." The lead -in messages are preprogrammed and do not need to be added in when creating a new message. The lead -in messages are the responsibility of the City of Hutchinson Technology Director. The core message sent using the Everbridge Notification System should be as brief as possible and typically contain the following information. • The reason for the message • Any response required • Duration of emergency or event with dates and times where applicable • Methods to obtain further information • The name of the office sending the message In emergency situations, when circumstances permit, authorized senders should review messages with the City Administrator prior to sending. The City administrator must be kept apprised of all emergency situations and be informed of any communications that will be or have been sent using the Everbridge Notification System. � bG6� Planning, Zoning, and Building Dept Monthly Report June 2011 Buildina Deoartment Permit Activities Total Number Inspections 6/2010 142 �'a�" "' 108 2010 Year to Date 732 486 Building Permits Issued by Type Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Year to Date Number Permits & Valuation Commercial new 0 0 0 1- $1,450,000 Commercial Additions/ Remodels 7-$577,065 19 - $1,239,250 37 - $2,087,200 47- $1,513,350 Industrial new 0 0 0 0 Industrial Additions /Remodels 1 -$6,000 0 1 -$6,000 0 Fire Sprinkling 1 -$23,400 0 4-$68,550 1- $134,800 Total New Residential Units (Single Family, twins, townhomes) 0 0 1-$203,000 0 Residential misc. additions, repairs, remodels, etc 21 -$91,037 18- $89,650 74 - $298,302 71- $374,512 Set fee permits reside, reroof, window replacement, misc.)" 61 67 242 197 HRA Building Permits 0 0 5- $200,000 Subtotal Building Permits: $697,502 $1,328,900 $2,663,052 $3672662 Mechanical 33 - $182,332 11-$88,500 116 - $441,423 82- $2,069,705 Plumbing* 4 7 36 26 Signs* 5 12 27-$108 40 Total Permits issued and valuation 133 - $879,834 134 - $1,417,400 538 - $3,104,583 470 - $5,742,367 Set fees not included in valuation Plannirt0. Zonky, and Building Deparanent — Other Activities Facilities Management /MaintenanceActivities: Eve men Meals served in June, 2011 Week Of Hutchinson Park Towers Silver Lake Glencoe Brownton Stewart 6/1-6/4 108 95 40 84 27 28 615-6/11 181 170 71 137 34 43 6/12-6/18 220 162 62 136 32 57 6/19-6/25 171 161 76 143 38 63 6/26-6/30 195 158 61 138 35 48 To—tai 875 746 3101 638 1661 239 Total Meals served in June - 2,974 Other Building Inspection Activities: Fire Marshal training, HRA preconstruction meeting, Met with ISO representative. Planning, Zoning, and Building Dept. Monthly Report for June, 2011 Page 2 Planning and Zoning Monthly Activities Month/Year. June, 2011 Activity Number Additional Info. Zoning Review of Building Permits 25 Zoning Review of Sign permits 12 6 were banner signs Planning /Zoning Applications Provided 0 Predevelopment Meetings/ 0 Pre-application Assistance Planning Commission Applications 3 - Conditional use permit- 851 Processed Dale St SW - Boys group home -Amend ordinance - 154.004 Definitions- Sexually Oriented Business -Amend ordinance - 154.167 Variances Joint Planning Applications 1 -5 lot preliminary plat of Girard's Reviewed and Processed Addition Zoning Enforcement 3 -Site visits Misc. Meetings Attended 12 Dept. staff meetings, Weekly Management team meetings, Resource allocation, Police Department Project, Public arts, Sr. Dining Lease /Rent discussion with Lutheran Social Services, Comprehensive Plan meeting, HRA inspection, Nuisance property discussion, Jay Malone Motors parking lot discussion, Harmony River meeting, Tree escrow meeting, Emergency Operations meeting, Land Use training. AI 9r R A � � To: Citizens of the Hutchinson Fire District, Web -Site Visitors, and Our Face Book Friends Frown Brad Emans, Fire Chief Dats 07/01/2011 Rs: Monthly Update on Activities of the Hutchinson Fire Department for June 2011 Fire Department Response: The Fire Department responded to 41 calls for service in the month of June. Fire Officer Only Response: A "fire officer only" responded to 9 calls in June saving the Hutchinson Fire District the cost of a "general" alarm estimated at $1,632.00 for the month. Response Time (First Emergency Vehicle Out of the Door): June— 5 minutes 0 seconds. Example of a Few of the Calls: • The FD responded to a house fire caused by a lightning strike in the southwest part of the city. Part of the roof and the second floor ceilings opened up due to the force of the lightning. The actual fire damage was kept to a minimal; • The FD responded to a house fire in the rural fire district when lightning struck the house blowing out part of the first floor wall and injuring the resident. The home suffered minimal fire damage; • The FD responded to a leaking liquid propane truck in the northwest part of the city. The leak was contained and the truck moved out of the city limits; • The FD responded to the college when one of the instructors was conducting experiments on burning various types of food and accidently set off the smoke detectors; • The FD responded to a possible hazardous material leak in a commercial business in the northwest part of the city. The combination of two chemical depleted the oxygen from the area an employee was working in causing a medical emergency. Firefighters shut the leak off and ventilated the area; • A fire officer responded to a call of possible carbon monoxide in a residential house in the southeast part of the city. A large amount of CO was detected in the house, the cause was determined to be that the car in the garage was not turned off after arriving home and had been running for approximately 12 hours; • The FD responded to three water related incidents in the month of June: 1. Responded to call that a vehicle was in the water and that "somebody" was screaming for help. Everyone was out of the vehicle before the FD arrived on scene; � ("6) 2. Responded to a person stranded on an area lake when his motor failed and they were unable to get back to shore; 3. Responded to a call that two people were in the water after their kayaks capsized. Both were able to make their way to shore uninjured; • The FD responded to a call of a potential chemical bomb found in a postal box in the northeast part of the city. The PD and FD analyzed the plastic container and determined that it contained harmless material; • The FD responded to a residential garage fire in the southeast part of the city. The garage was totally involved before it was noticed by a pedestrian. The cause of the fire was determined to arson. Breakdown of the Calls for the Month: City Type of Call Number for the Month Residential 3 Commerciayl ndustrial 5 Multi-Family 2 School 1 Grass 0 Medical 5 CO 4 Rescue 4 Haz-Mat Leak/Spill 4 Vehicle 1 Sk -Wam 0 Mutual Aid 0 Total 29 Stricture Fires 2 Arson 1 Rural: Type of Call Number for the Month Residential 1 Commercial / Industrial 0 School 0 Farm Building 0 Grass 0 Medical 6 CO 0 Rescue 4 Haz-Mat Leak/Spill 0 Vehicle 0 Mutual Aid 1 Total 12 Structure Fires 1 Arson 0 e Page 2 i c,�) Training: Firefighters trained on the following topics/equipment in December. • Firefighters completed 8 hours of a 12 hour course in June on "Advanced Auto Extrication" techniques. The instructor for this class is a six time national champion on competitive auto extrication. The national competition stresses safety of the injured person and of the rescuer and speed in removing the vehicle away from the injured person. This class also gave two of our mutual aid departments an opportunity to participate; • Firefighters competed in a team building exercise; "team building" is a feature that we try to implement four times per year as it gives our firefighters an opportunity to work together outside of emergency calls and training. Fire Prevention I Public Relations I Other Information: • The FD completed what has turns out to be an annual hiring process for new "paid -on -calf' firefighters. From the twelve applicants we were able to offer conditional hiring to four of them. The process of training the four probationary firefighters for Certified/Licensed Firefighter status will start as soon as a class becomes available; • The FD participated in the following Jaycee Water Carnival: 1. Two nights of providing rescue I first aid for the National Tractor Pull; 2. First Aid at the Grand Day Parade; 3. Fire Protection for the Fireworks; • Provided an early childhood safety class for 30 children and their parents at Maplewood Academy. Measurements: 1. Number of calls that required more than one engine, one IC, and four firefighters and one Engine in June: 10 2. Number of Calls that required more than the "standard required bylaw investigation" in June: 2 3. Estimated dollars "saved in property (building and contents)' by the Hutchinson Fire Department response for the month of June: $725,000 4. Estimated dollars "lost in property (building and contents)' to fire in June: $61,000 Carbon Monoxide is a by- product of combustion. Fossil fuel that burns gives off Carbon Monoxide, i.e. fuel oil, wood, natural gas, propane, gasoline, and charcoal. Carbon Monoxide does NOT come from running your air conditioner! Minnesota Law requires that a Carbon Monoxide detector be located with -in (10) ten feet of every sleeping room of every house, apartment, and condominium. • Page 3 (I C�� To: Mayor and Council From: Candice Woods, Liquor Hutch Director Date: 07/01/11 Re: Quarterly Report April-June 2011 2011 2010 Change Year to Date Sales: $2,295,940 $2,339,661 1.9% decrease Liquor $ 770,188 $ 768,030 0.3 % increase Beer $1,134,761 $1,195,436 5.1% decrease Wine $ 345,454 $ 332,749 3.8 % increase (Note: Closed 1/3/11; Weather conditions- Winter snow /storms and Spring cold and rain, rain, rain impacted beer sales statewidel) Year to Date Gross Profit Dollars: $ 571,024 $ 571,522 0.1% decrease Customer Count: 56,299 56,577 278 decrease Average Sale per Customer: $23.33 $23.18 $.15 increase YTD Gross Profit Percentage: 24.87% 24.40% (Note: 1 ndustry Benchmark for GP% = 23 %) Second Quarter Store Activity Highlights: • Spring 'Pub Club" Beer Tasting held April 20 at Crow River Country Club with 91 attendees. • April & May monthly Grape Vine tastings produce sales of $3,277 with 111 attendees. • Newspaper advertising done for Fishing Opener, Memorial Day, Water Carnival and 4th of July. • 20 In -Store Tasting Events held throughout the second quarter. • Participated in MMBA and Coors sponsored Arbor Day Tree giveaway —100 of our customers received a free Norway Pine seedlings • Participated in a Round Table discussion with Total Register Systems regarding needs /updates to our current computer inventory and point of sale systems. Further details of all statistics have been provided to the Administrative Department. Please feel free to contact me with any questions or requests for additional data. I its Weed Notices Monthly Report June 2011 Monthly Summary of Weeds/Tall Grass Noncompliance A summary of weed notices sent to properties not in compliance with Chapter § 92.35 Weed Ordinance, of the Hutchinson City Code of Ordinances can be found below. Seven (7) business days were given to those receiving notice to remove weeds /tall grass on their property. Number of properties that received a removal notice 20 Number of properties cleared by City order 5 Number of properties pending compliance at month's end 0 Properties that were ordered to be cleared by the City House Street Quadrant Property Owner City PID BAC Home Loans Servicing LP 725 Graham St SW c/o Countrywide Home Loans Inc 01 -115- 30 - 11.1020 500 Countrywide Way Simi Valley, CA 93085 Sheldon W Stoll 534 Church St SW 834 Church St SW Hutchinson, MN 55350 01- 118 -30 -18 -0780 Mark A Schramm 908 2nd Ave SW 9082nd Ave SW 01 -11 &30-02 -0300 - Hutchinson, MN 55350 Nathan Beloourt 912 Lewis Ave SW 912 Lewis Ave SW 01- 115 -30 -07 -0510 Hutchinson, MN 55350 Lynelle R Fraiderich Etal 25 Jefferson St SW 831 Winona Or SW 08-118 -29-03 -0080 Alexandria, MN W308 Johnny Rivera 712 Lynn Rd SW 712 Lynn Rd SW 01- 118 -30-09 -0750 Hutchlnson, MN 55350 Farmers Elevatorassn 310 Huron St SE 1200 Arch St, PO Box 158 00-11 6-29-07 -0280 Hutchinson, MN 55350 Lakes Gas Company, 345 Huron St SE P O Box 400, 08-11 6-29 - 08.0030 Forest Lake MN 55025 John M Forder 415 Huron St BE 22727 Zero Ave 06-11 &29.08.0150 Wlnsted, MN 65396 uu) Scott A & Penny L Stuber 108 Mark Or NE 108 Mark Or NE 32- 117 -29 -14 -0230 Hutchinson, MN 55350 Michael & Diane Levesseur 228 Franklin St SW 226 Franklin St SW 0 6-118 -29-04 -0430 Hutchinson, MN 55350 Bran D & Stacey Gilbert 1347 Jefferson St SE 1347 Jefferson St SE 07- 118 -29 -08 -0030 Hutchinson, MN 55350 Kurt J Kolden 714 Madison Ave SW P O Box 195 01- 116 -30-10 -0170 Silver Lake, MN 55381 Patricia A Maiere 800 Dab St SW 836 Hlllcrest Rd NE 01- 118-30 -14 -0010 Hutchinson, MN 55350 Eric B Swanson 55 10th Ave NE 5510th Ave NE 31- 117 -29 -02 -0950 Hutchinson, MN 55350 Korey J & Lori Denver 528 Kay St SW 528 Kay St SW Ot- 118 - 30-11 -0420 Hutchinson, MN 55350 Convenience Store investments 10 Denver Ave SE t626 Oak St 07- 116 -29 -12 -0110 LaCrosse, WI 54803 Carton Holdings I, LLC 1360 Montreal St SE 6385 Old Shady Oak Rd, #230 07- 118 -29-12 -0120 Eden Prairie, MN 55344 Carlton Holdings I, LLC 1380 Montreal St SE 8385 Old Shady Oak Rd, #230 07 -11 6-29-12 -0130 Eden Prairle, MN 55345 Callon Holdings I, LLC 1315 Montreal St SE 8385 Old Shady Oak Rd, #230 07- 118 -29.12 -0090 Eden Praise, MN 55346 RESOLUTION NO. 13899 APPOINTING JEREMY J. CARTER, CITY ADMINISTRATOR, TO ERICKSON'S DOWNTOWN REDEVELOPMENT CONDOMINIUM ASSOCIATION, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, Jeremy J. Carter, City Administrator, is hereby appointed as a representative to the Erickson's Downtown Redevelopment Condominium Association, Inc. • Adopted by the City Council this 12`s day of July, 2011. ATTEST: Jeremy J. Carter, City Administrator 9 Steven W. Cook, Mayor I 9x)