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cp08-23-2011 cCity Administrator Six -Month Performance Review — 4: 00 p.m.
AGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, AUGUST 23, 2011
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Seventh Day Adventist Church
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) SPECIAL MEETING OF AUGUST 4, 2011
(b) REGULAR MEETING OF AUGUST 9, 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 tot a City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13909 — RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY
(BICYCLES)
2. RESOLUTION NO. 13914 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC
CONTROL DEVICES
3. RESOLUTION NO. 13916 — RESOLUTION DECLARING THE OFFICIAL INTENT OF THE
CITY OF HUTHCINSON TO REIMBURSE CERTAIN EXPENDITURES FROM THE
PROCEEDS OF BONDS TO BE ISSUED BY THE CITY
4. ORDINANCE NO. 11 -0678 —AN ORDINANCE AUTHORIZING THE TRANSFER OF
MUNICIPALLY OWNED REAL PROPERTY LOCATED ADJACENT TO 540 3RD AVENUE
NW AND AUTHORIZING JEREMY J. CARTER TO EXECUTE DOCUMENTS FOR
TRANSACTION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION
FOR SEPTEMBER 13, 2011)
(b) CONSIDERATION FOR APPROVAL OF IMPOROVEMENT PROJECT SUPPLEMENTAL
AGREEMENTS — SUPPLEMENTAL AGREEMENT NO.2 (LETTING NO. 1, PROJECT NO. 11 -01
— SCHOOL ROAD NW IMPROVEMENTS)
(c) PLANNING COMMISSION ITEMS
CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MARK WEGSCHEID,
BROADBAND CORP., TO ALLOW A WIRELESS INTERNET SERVICE PROVIDER OFFICE
IN THE INDUSTRIAL/COMMERCIAL DISTRICT LOCATED AT 585 HWY 7 WEST WITH
CITY COUNCIL AGENDA AUGUST 23, 2011
FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO.
13913)
(d) CONSIDERATION FOR APPROVAL OF ISSUING CATERING PERMIT TO NATHAN BUSKA OF
ONE EYED WILLY'S LLC FOR AUGUST 27, SEPTEMBER 24 AND OCTOBER 22, 2011, AT
HUTCHINSON EVENT CENTER
(e) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON GUIDELINES AND
PROCEDURES FOR THE MINNESOTA GOVERNMENT DATA PRACTICES ACT
(fl CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
7. PUBLIC HEARINGS — 6:00 P.M.
Q
(a) ASSSEESSEI II T HEART NO &4, PROJECT CT AWARD 00) 2011 PAVEMENT MANAGEMENT PROGRAM
Action — Motion to reject — Motion to approve
necessary
(Purpose: to provide Council with information
not monitoring past)
(a) DISCUSSION OF STORM TREE DAMAGES AND CLEAN UP ACTIVITIES
9. UNFINISHED BUSINESS
(a) SETTING THE DATE AND FORMAT FOR 2011 ANNUAL CITY RECOGNITION EVENT
Action — Motion to reject — Motion to approve
(b) SETTING A PUBLIC MEETING FOR THE 2011 ANNUAL CITY RECOGNITION EVENT AT THE
HUTCHINSON EVENT CENTER
Action — Motion to reject — Motion to approve
(c) CONSIDERATION FOR APPROVAL OF ACCEPTANCE OF FAA GRANT FOR AIRPORT
IMPROVEMENTS (Letting No. 8/Project No. 11 -11)
Action — Motion to reject — Motion to approve
10. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13906 — A RESOLUTION APPROVING
LAWS OF MINNESOTA, 2011, CHAPTER 7 AND CONSIDERATION OF ORDINANCE NO. 11 -0679 —
AN ORDINANCE IMPLEMENTING LOCAL SALES AND USE TAX AND MOTOR VEHICLE EXCISE
TAX (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR SEPTEMBER
13,2011)
Action — Motion to reject — Motion to approve
(b) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON'S COMPREHENSIVE/LIABILITY
COVERAGE
Action — Motion to reject — Motion to approve
2
CITY COUNCIL AGENDA AUGUST 23, 2011
11. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and
Council and man7g-
uncie the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM JUNE 6, 2011
(b) WEED NOTICES MONTHLY REPORT FOR JULY 2011
(c) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JUNE 21,
2011, AND JULY 19, 2011
(d) JOINT PLANNING BOARD MINUTES FROM JUNE 15, 2011
(e) PLANNING COMMISSION MINUTES FROM JUNE 21, 2011
12. MISCELLANEOUS
13. ADJOURN
MINUTES
HUTCHINSON CITY COUNCIL
SPECIAL MEETING
THURSDAY, AUGUST 4,2011 — 4:30 P.M.
1. CALL TO ORDER — 4:30 P.M.
Mayor Steve Cook called e meeting to order. Members present were Mary
Christensen, Bill Arndt, Chad Czmowski and Eric Yost. Others present were Jeremy
Carter, City Administrator and Kent Exner, City Engineer
2. MINUTES
(a) REGULAR MEETING OF JULY 26, 2011
Motion by Arndt, second by Christensen to approve the minutes as presented.
Motion carried unanimously.
3. NEW BUSINESS
(a) CONSIDERATION OF ORDINANCE NO. 11 -0676 - AN ORDINANCE
SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18
PERTAINING TO HOURS OF CONSTRUCTION DURING THE SCHOOL
ROAD CONSTRUCTION PROJECT (SECOND READING AND ADOPTION)
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that
the only change to hours will be early morning Saturdays, beginning as early as 7:00
a.m. A notice will be sent out stating that the contractors will be working Saturday
as early as 7 a.m. and do not intend working past 10 p.m. on weekends and 9 p.m.
during the week. Cook reminded everyone that the weather will dictate the hours as
well.
Marvel Erickson, 1159 Fairway Ave, Country Club Estates, requested the dates
associated with phases. Exner advised her that would be addressed in an item later
during this meeting.
Motion by Arndt, second by Christensen, to approve consideration of Ordinance No.
11 -0676. Motion carried unanimously.
(b)CONSIDERATION OF ORDINANCE NO. 11 -0677 - AN ORDINANCE
SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.18
PERTAINING TO HOURLY RESTRICTION OF CERTAIN OPERATIONS
(SECOND READING AND ADOPTION)
Jeremy Carter, City Administrator, advised the Council that Creekside would be
extending the noise ordinance. Creekside would run screening operation only, up to
24 hours a day, weather pending. Doug Johnson, Creekside Site Coordinator, talked
5 �9)
with residents in nearby neighborhood and received positive feedback. Johnson
explained they would only be working during the hours of 6 a.m. Monday until 6
a.m. Saturday.
Motion by Arndt, second by Czmowski, to approve consideration of Ordinance No.
11 -0677. Motion carried unanimously.
(c) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2011 PAVEMENT
MANAGEMENT PROGRAM PHASE 2 PROJECT (LETTING NO. 4, PROJECT
NO. 11 -05)
Exner presented before the Council. This project is to repair frost boils on Roberts,
Jackson, Bradford, Linden and Sunset, with Linden and Sunset being done early in
the project. A publication notice will be ordered for assessment hearing on August
23, 2011. Mueller and Sons is the current low bidder.
Motion by Arndt, second by Czmowski, to approve items for 2011 pavement
management program phase 2 project (Letting No. 4, Project No. 11 -05).
(d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT
SUPPLEMENTAL AGREEMENT (LETTING NO. 1, PROJECT NO. 11 -01 -
SCHOOL ROAD NW IMPROVEMENTS)
Exner presented before the Council a supplemental agreement which is the same as
a change order. The revisions are in regards to completion dates. No monetary
aspects of the agreement have changed. If the work does not get done this year,
contractor will have the right to make a claim to address certain aspects. With
respect to the dates, September 30, 2011 has been revised to May 31, 2012. If the
project gets extended past May 31, 2012, there will be another supplemental
agreement. This would be relying on a very dry spring. The majority of trail work,
lighting and landscaping will not be addressed until the spring of 2012. There are
no problems with the easements, but a concern with the city right of way, primarily
driveways. Arndt inquired if the manholes will be a concern. Per Exner, if the lift
does not get laid this year yet, the manholes will be set low. A concern would be the
curb line lip getting plow dings, however the blacktop will fill those in. Phase 1 is
August 8 thru September 2 and will be Trunk Highway 7/22 to 70, Avenue NW and
California St NW to Golf Course Rd NW. Phase 2 is September 6 thru October 7
and will be from 7t' Avenue NW to Arizona Street NW. Phase 3 is September 6
thru October 7 and will be from Arizona Street NW to California Street NW.
Excavation, sand and class 5 will be done prior to school starting. This will allow
5tQ-)
the road to be open from both north and south end. The existing blacktop will
remain in place until each phase is reached. Contractor has the month of October to
do final grading, curb and gutter, bituminous and then the binding. This needs to
happen by November 1. MNDOT may allow an extension if the weather forecast
looks good. Restoration in the spring is grass and driveway repairs.
Residents in attendance to the meeting inquired about access to their homes. Exner
explained there is no deep utility work, but the contractor indicated it could be 3 -4
days without access to the front of their homes. A detour will be in place for
nonlocal residents. Excavate, grade, sections on 500 ft curb to curb. Behind the
curb the bike path will be backfilled.
Residents also inquired about garbage pick -up. Exner was informed by the
contractor that it is their (the contractors') responsibility to dispose of the garbage if
the garbage trucks cannot get to it. Exner also explained to the residents that this
contractor is accommodating and respectful. He also advised the residents that if
they had questions or concerns to contact engineering at 320 - 234 -4209.
Motion by Yost, second by Christensen, to approve the supplemental agreement.
4. ADJOURN
Motion by Arndt, second by Cook, to adjourn at 5:04 p.m. Motion carried
unanimously.
5 Co-)
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, AUGUST 9, 2011
I . CALL TO ORDER — 5:30 P.M.
Vayor Steve oo c e e meeting to order. Members present were Mary Christensen, Bill Arndt, and Eric
Yost. Member absent was Chad Czmowski. Others present were Jeremy Carter, City Administrator and Marc
Sebora, City Attorney
2. INVOCATION — Due to the absence of a pastor, the invocation was dispensed.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
John Dietel, 185 Arch Street, presented before the Council. Mr. Dietel asked if a dog park has ever been
considered within the city. Mayor Cook noted that this topic has been discussed and was included as a
question on the citizen survey.
Mr. Dietel also asked that the City consider amending the animal ordinance to allow chickens in the city
limits. Mayor Cook expressed that he feels allowing chickens in the city would be one more thing for the
police department to monitor and with staffing issues, that is difficult to do. Mayor Cook noted that, for
example, coop inspections would be an additional task. Mr. Dietel asked of the procedure to distribute a
petition. Marc Sebora, City Attorney, explained the requirements for a petition, which include needing 789
signatures, having a committee of five, etc. Mr. Sebora will meet with Mr. Dietel regarding the requirements
of a petition.
5. MINUTES
6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise
ave een delegated tote City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13905 — RESOLUTION TO SELL AT AUCTION SURPLUS POLICE
DEPARTMENT PROPERTY
2. ORDINANCE NO. 11 -0674 — AN ORDINANCE ESTABLISHING A TEMPORARY
MORATORIUM FOR THE CONSTRUCTION OF PRIVATELY -OWNED WELLS WITHIN THE
CITY OF HUTCHINSON (SECOND READING AND ADOPTION)
3. ORDINANCE NO. 11 -0675 —AN ORDINANCE AMENDING SECTION 30.18 (REGULAR
MEETING ORDER OF BUSINESS TO INCLUDE A "RECOGNITION OF GIFTS, DONATIONS
AND COMMUNITY SERVICE TO THE CITY" SECTION (SECOND READING AND
ADOPTION)
(b) CONSIDERATION FOR APPROVAL OF ISSUING PUBLIC DANCE PERMIT TO AMERICAN
LEGION POST 96 ON AUGUST 26, 2011
(c) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO DEAN
MAJOR TO SELL SWEET CORN IN THE SUPER 8 MOTEL (SHAMROCK) GRAVEL LOT
5(b)
CITY COUNCIL MINUTES AUGUST 9, 2011
(d) CONSIDERATION FOR APPROVAL OF ACCEPTANCE OF FAA GRANT FOR AIRPORT
IMPROVEMENTS (Letting No. 8/1'roject No. 11 -11)
(e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 6(a)2, 6(a)3, and 6(d) were pulled for separate discussion.
Motion by Yost, second by Christensen, to approve consent agenda with the exception of the items noted
above. Motion carried unanimously.
Item 6(a)2 had further discussion. Council Member Arndt expressed that he feels some language needs to be
revised to protect current wells that are used for geothermal heat, such as those that are part of the new
construction of Faith Lutheran Church. It was noted that the proposed moratorium pertains to new
construction and not current wells in place. As part of the well discussion, these types of wells will be
defined and addressed.
Motion by Arndt, second by Yost, to approve Item 6(a)2. Motion carried unanimously.
Item 6(a)3 had further discussion. Council Member Christensen asked for clarification of what will be
included for gift donations and community service recognition that will be part of the agenda. Marc Sebora
explained that the State Auditor requires that all donations or gifts to the City must be recognized by the
City Council. In addition, if the City would so choose, certain community service events could be before the
Council for public recognition.
Motion by Christensen, second by Cook, to approve Item 6(a)3. Motion carried unanimously.
Item 6(d) had further discussion. Kent Exner, City Engineer, noted that the State of Minnesota has not
prepared the documents for the grant to date, therefore, Mr. Exner asked that this item be tabled to August
23, 2011.
Motion by Arndt, second by Yost, to table Item 6(a)3 to August 23, 2011. Motion carried unanimously.
7. PUBLIC HEARINGS — 6:00 P.M. - NONE
8. COMMUNICATIONS, REQUESTS AND PETITIONS (Purpose: to provide Council with information
necessary to craft wise policy. Always looking toward the future, not monitoring past)
9. UNFINISHED BUSINESS
10. NEW BUSINESS
(a) DISCUSSION REGARDING SETTING A TOWN HALL MEETING
Mayor Cook noted that the proposed town hall meeting would be to review the 2012 preliminary budget.
Jeremy Carter, City Administrator, explained that this would provide an opportunity for citizens to give
feedback to the Council and see what is included in the budget. In addition, Mr. Carter could proposed
presenting the final report of the citizen survey at the town hall meeting.
Motion by Yost, second by Christensen, to set August 24, 2011, at 7:00 p.m. at the City Center for town hal l
budget meeting. Motion carried unanimously.
(b) SETTING THE DATE AND FORMAT FOR 2011 ANNUAL CITY RECOGNITION EVENT
Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that in the
past the City recognition event has been held at the Event Center with a social time, recognition of
board/commission members, dinner and more social time. It has typically been held in September.
Motion by Arndt, second by Cook, to set September 22, for 2011 annual City recognition event. Kent Exner
2 5 LL)
CITY COUNCIL MINUTES — AUGUST 9, 2011
noted that the McLeod for Tomorrow transportation meeting is being held on this date and he was unsure as
to the time it will be held. Staff and Council Members would like to be part of this. The Council asked that
staff review other available dates in September and October for the recognition event.
Motion by Arndt, second by Christensen, to table this item until August 23, 2011, meeting to allow staff
time to review more available dates. Motion carried unanimously.
(c) SETTING A PUBLIC MEETING FOR THE 2011 ANNUAL CITY RECOGNITION EVENT AT THE
HUTCHINSON EVENT CENTER
Motion by Yost, second by Cook, to table this item until the recognition event is set at the August 23, 2011,
meeting. Motion carried unanimously.
11. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and
ounce an manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM MAY 23, 2011
(b) FIRE DEPARTMENT MONTHLY UPDATE FROM JULY 2011
(c) PLANNING, ZONING, AND BUILDING DEPARTMENT MONTHLY REPORT FOR JULY 2011
(d) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM AUGUST 2, 2011
12. MISCELLANEOUS
Mary Christensen — Council Member Christensen asked for an update on 400 Lynn Road. Jeremy Carter
explained that a lead based paint is being put on to seal up the home and asbestos is being addressed. After
that is complete, the house will be demolished and then a new foundation will be put in. These items are
intended to be completed by the end of August.
Bill Arndt — Council Member Arndt asked that due to the construction on Hwy 15 South, that no parking be
allowed on the west side. Mr. Exner noted that no parking signs will be placed on the west side as the
contractor had intended.
Mr. Arndt also expressed that he believes mosquitoes are an issue this season even with the spraying
applications. He asked if the spray was not effective and asked if extra sprays were given for specific
community events, such as River Song and Relay for Life. It was noted that extra applications were given
for RiverSong and regular applications have been made. Due to the wet and humid conditions, the
mosquitoes can overbear the applications. Alternatives may be reviewed for the program (i.e. increased
applications, completing in- house, etc.).
Kent Exner — Mr. Exner noted that School Road is closed for construction.
13. ADJOURN
Motion by Arndt, second by Christensen, to adjourn at 6:15 p.m. Motion carried unanimously.
5L'O
RESOLUTION TO SELL AT AUCTION
UNCLAIMED PROPERTY
Resolution No. 13909
WHEREAS, the Hutchinson Police Department has accumulated various
unclaimed items.
AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91,
Subdivision 3, Paragraph C for the sale at auction of unclaimed property.
AND WHEREAS, the unclaimed property, at the time of auction, will have been
in the possession of the police services for more than thirty (30) days.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUTCHINSON, MINNESOTA.
That the Hutchinson City Council hereby approves the sale at auction of
unclaimed items identified on "Attachment A."
Items to be sold at Hotovec Auction Center on September 7, 2011.
Adopted by the City Council this 23rd day of August 2011.
Mayor
City Administrator
Attachment A
Page 1
Ca"
NwTibW
Mfm'
:'
tip.
11 -0599
Boy's Tonka 12" Bicycle
11 -0687
26" Men's Red /Silver Mongoose Bicycle
11 -0688
26" Men's Red /Silver Next Power Bicycle
11 -0829
26" Men's White Trek Antelope 820 Bicycle
11 -0871
26" Men's Black/Blue Murray Bicycle
11 -0897
24" Women's Purple Roadmaster Mountain Sport SX Bic cle
11 -0907
26" Men's Green Huffy Escape Bicycle
11 -0914
26" Men's Blue Schwinn Mountain Bicycle
11 -0920
20" Boy's Red Magna Imposter Bicycle
11 -1055
Girl's Purple Huffy Mont Claire Bicycle
11 -1062
26" Men's Blue Roadmaster Mountain Sport Bicycle
11 -1116
26" Men's Blue Roadmaster Mountain Fury Bicycle
11 -1117
26" Women's Pink Roadmaster Bicycle
11 -1118
Men's Green Huffy Blades Bicycle
11 -1142
Men's Black Huffy Su eria Bicycle
11 -1150
26" Black /Silver Magna Excitor Bicycle
11 -1185
Men's Green BMX Next Chaos Bicycle
11 -1207
Girl's Pink Bike Quest Bicycle
11 -1259
Red Huffy BMX Bicycle
11 -1267
26" Women's Red /Silver Roadmaster Mountain Sport SX Bicycle
11 -1281
Blue /Silver Next Turbo Bicycle
L-� (CL) �
RESOLUTION NO. 13914
RESOLUTION ESTABLISHING LOCATION
FOR TRAFFIC CONTROL DEVICES
WHEREAS, the Police Chief, City Engineer and Public Works Manager agree that the following areas
have traffic control concerns which warrant traffic control devices, and;
WHEREAS, the Hutchinson City Council has the authority to establish locates as points where traffic
control devices shall be erected, pursuant to Section 7.04, Subdivision I of the Hutchinson City Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON:
That the Council hereby establishes the following traffic control devices shall be installed and enforced:
1. 2 "" Ave SE Bridge
a. "WEIGHT LIMIT POSTING" on the 2 "" Ave SE bridge. Limits posted per most
recent bridge inspection.
2. South Grade Ct SW & West Shore Dr SW/Prairie View Dr SW intersection.
a. Change "YIELD" signs to "STOP" signs to clarify right -of -way assignment at the
intersection.
3. Juergens Rd SW at Lynn Rd SW / 5t° Ave SW at Dale St SW install
a. "NO TRUCK" sign at these intersections. Juergens Rd SW /51h Ave SE is not a
designated truck route.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON:
Adopted by the City Council this _ day of , 20_.
Steven Cook
Mayor
ATTEST:
Jeremy Carter
City Administrator
to (-j a
CITY OF HUTCHINSON, MINNESOTA
RESOLUTION NO. 13916
DECLARING THE OFFICIAL INTENT OF THE CITY OF HUTCHINSON
TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150 -2 (the
"Reimbursement Regulations ") providing that proceeds of tax - exempt bonds used to reimburse
prior expenditures will not be deemed spent unless certain requirements are met; and
WHEREAS, the City expects to incur certain expenditures that may be financed temporarily
from sources other than bonds, and reimbursed from the proceeds of a tax- exempt bond;
WHEREAS, the City has determined to make this declaration of official intent
( "Declaration ") to reimburse certain costs from proceeds of bonds in accordance with the
Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON
AS FOLLOWS:
1. The City proposes to undertake the public street and parking lot improvements, as
detailed in the City's 2011 Capital Improvement Plan (the "Project ").
2. The City reasonably expects to reimburse the expenditures made for certain costs of
the Project from the proceeds of bonds in an estimated maximum principal amount of $3,000,000.
All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other
expenditures eligible for reimbursement under Section 1.150- 2(d)(3) of the Reimbursement
Regulation. This Declaration has been made not later than 60 days after payment of any original
expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds.
3. This Declaration is an expression of the reasonable expectations of the City based
on the facts and circumstances known to the City as of the date hereof. The anticipated original
expenditures for the Project and the principal amount of the bonds described in paragraph 2 are
consistent with the City's budgetary and financial circumstances. No sources other than
proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved,
allocated on a long -term basis, or otherwise set aside pursuant to the City's budget or financial
policies to pay such Project expenditures.
4. This Declaration is intended to constitute a declaration of official intent for
purposes of the Reimbursement Regulations.
(,6-)3
Approved by the Hutchinson City Council this 23`d day of August, 2011.
CITY OF HUTCHINSON, MINNESOTA
Mayor
Attest:
City Administrator
ORDINANCE NO. 11 -0678
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE
TRANSFER OF MUNICIPALLY OWNED REAL PROPERTY
THE CITY OF 14UTCHINSON ORDAINS:
Section 1. That the municipally owned real property legally described as follows:
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.
for good and valuable consideration is hereby transferred and conveyed to Gustav C. Wurdell and Elizabeth
A. Wurdell.
Section 2. The City Administrator, Jeremy J. Carter, or his designee is authorized to sign any and
all documents on behalf of the City to effectuate the closing of this transaction.
Section 3. This ordinance shall take effect upon its adoption and publication.
Adopted by the City Council this 13'h day of September, 2011.
Steven W. Cook
Mayor
ATTEST:
Jeremy J. Carter
City Administrator
('() �
3
N1 E N1 t) R A N i) I Ni
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Consideration for Approval of Improvement Project Supplemental Agreement
DATE: August 23, 2011
As construction has proceeded on the below listed project there has been additional work, project scope revisions, or
construction staging changes. All of these items have been identified and deemed necessary to satisfactorily complete the
projects. The following Supplemental Agreement is proposed to address the specifically described items:
o Supplemental Agreement No. 2—Letting No. I/Project No. 11 -01 —School Road NW
Improvements
This Supplemental Agreement addresses the modification ofmaterial compaction testing methods, by
changing from specified compaction method to quality compaction method for subgrade materials
and modified penetration index method for roadway and trail aggregate base and select granular
borrow materials. This action results in no increase to the original contract payment amount.
We recommend that the attached project Supplemental Agreement be approved.
cc: Jeremy Carter, City Administrator
(�t)
STATE AID FOR LOCAL TRANSPORTATION Rev.July 2010
SUPPLEMENTAL AGREEMENT Page 1 of 1
City/County of: City of Hutchinson SA N10.
FEDERAL PROJECT NO. STATE AID PROJECT NO. LOCAL PROJECT NO. CONTRACT NO.
SP 133 - 117 -013 STPX4331 (210) L1 /P11 -01 L1 /P11 -01
CONTRACTOR NAME ADDRESS CITY STATE ZIP
Wm Mueller & Sons Inc 831 Park Ave, P O Box 247 Hamburg MN 55339
LOCATION OF WORK: TOTAL SUPPLEMENTAL E3REEMENT AMOUNT
School Road NW from TH 7/22 to Golf Course Road NW $0.00 .:
This Contract is between the Local Government Entity and Contractor as shown above.
WHEREAS: `his Contract provides far.. among other things, for subgrade preparation, and
WHEREAS: Section 2510 Street Construction 4.04 provided that the roadway and trail aggregate base and select
granular borrow material be compacted by the specified density compaction method; and
WHEREAS: Special Provision SP -147 of Doc. 0805 -- Special Provisions provided that the roadway and trail
subgrade be compacted by the specified density compaction method: and
WHEREAS. The Engineer has recommended the specified density compaction method not be used.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:
1) Compaction of the roadway and trail subgrade materials shall be accomplished by the quality compaction
method
2) Compaction of the roadway and trail aggregate base and select granular borrow materials shall be compacted
by the modified penetration index method as outlined within MnDOT Specification 2105.3f.
3) There will be no change in contract unit prices as a result of this agreement.
4) Contract time will not be affected as a result of the agreement except as may be provided by Mn /DOT
Specification 1806,
5) The Contractor will not make claim of any kind or character whatsoever for any other costs or expenses which
fie may have incurred or which he may hereafter incur in performing the work and furnishing the materials
required by this agreement.
Esumborcow
"Group /Funding - - +or- +or-
Category Item Description Jrit Unit Price Quantity Amount$
NONE
Net Change this Agreement NONE
Approved by
Project Approved by
Engineer:. Contractor:
Print Name: Kent Exner Print Name:
Date Phone _ Date Phone:
Distribution: - Prdel ct Engineer (onginar)__ _ _ _ Con Copy)___ __ DSAE (Copy roc funding review)
Once contract has been fully executed, forward a copy to DSAE for funding review: i
The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING
PURPOSES ONLY. Reviewed for compliance with State and Federal Aid RuleslPolicy. Eligibility does not guarantee
ffunds will be available.
This project is eligible for Federal Funding State Aid Funding Local Funds
District State Aid Engineer:
Date:
g:�mprovement projmtsQ01 I X11 p11 -oi school •d nw'mp sp 133- 117- 0131supplemertal agre rrenislsa no. 2.doc
j't
MEMORANDUM
DATE: August 17, 2011, for the August 23, 2011, City Council meeting
TO: Hutchinson City Council
FROM: Dan Jochum, AICP, Planning Director
SUBJECT: CONDITIONAL USE PERMIT TO ALLOW A WIRELESS INTERNET SERVICE
PROVIDER OFFICE IN THE 1/C (INDUSTRIAL/COMMERCIAL) DISTRICT AT 585
HWY 7 WEST
APPLICANT: MARK WEGSCHEID, BROADBAND CORP.
Background:
Mark Wegscheid, owner of Broadband Corp., is requesting a conditional use permit to allow a
wireless internet service provider office a 585 Hwy 7 West. The property is located in the I/C district
which requires a conditional use permit for change of use. The property was previously an
automobile dealership and the building had been vacant until Mr. Wegscheid rented office space in
October of 2010. The conditional use permit will bring the use into compliance with City Code. Some
of the conditionally permitted uses in the I/C district would include: trade and services, business
offices, light manufacturing or process including repairs, assembling, fabricating, altering, converting,
etc. Broadband is subletting approximately 720 square feet of the building to "Tech Brothers" for
home computer repair services. Additional information is contained in the attached staff report and
attachments.
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their August 16"'
meeting. There were no neighboring property owners present objecting to the request. A
representative from Broadband Corp. stated they would like to stay at this site. He explained there
will be no towers erected at this location. After discussing the request, the Planning Commission
recommended approval with the following findings and recommendations:
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. The proposed use and site improvements would comply with the standards of the I/C district.
3. Sign permits are required prior to installation of any signage.
RESOLUTION NO. 13913
CONDITIONAL USE PERMIT REQUESTED BY MARK WEGSCHEID, BROADBAND
CORP. TO ALLOW A WIRELESS INTERNET SERVICE PROVIDER OFFICE IN THE
I/C (INDUSTRIAL/COMMERCIAL) DISTRICT AT 585 HWY 7 W
Whereas, Mark Wegscheid, Broadband Corp., applicant has requested approval of a conditional
use permit to allow a wireless internet service provider office in the I/C (Industrial/Commercial)
District at 585 Hwy 7 West. The building will be used for office work, light shop work and
parking of service vehicles. There will also be a home computer repair service office located in
the building.
Legal Description: That part of the Northeast Quarter of the Southeast Quarter of Section 36,
Township 117 North, Range 30 West, described as follows: Beginning at the
intersection of the center line of State Highway No. 7 and a line 777.34 feet
easterly of, as measured at a right angle to, and parallel with the west line of
said Northeast Quarter of the Southeast Quarter; thence northerly, along said
parallel line, a distance of 376.48 feet; thence easterly, deflecting to the right
90 degrees 00 minutes 00 seconds, a distance of 200.00 feet; thence
southerly, deflecting to the center line of said State Highway No. 7; thence
southwesterly, along said center line, to the point of beginning.
Whereas, the Planning Commission met on August 16, 2011, and held a public hearing on the
request and considered the effects of the proposal on the health, safety, and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on
values of properties in the surrounding area and consistency with the Comprehensive Plan, and
hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission
and hereby does recommend approval of the conditional use permit, subject to the following
findings and conditions:
1. The proposal would meet the standards for granting a conditional use permit, subject to
the conditions stated.
2. The proposed use and site improvements would comply with the standards of the I/C
district.
3. Sign permits are required prior to installation of any signage.
Adopted by the City Council this 23rd day of August, 2011.
ATTEST:
Jeremy J. Carter
City Administrator
Steven W. Cook
Mayor
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DIRECTORS REPORT - PLANNING DEPARTMENT
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To: Hutchinson Planning Commission
From: Dan Jechum, AICP
Date: August 1, 2011 for the August 15, 2011, Planning Commission Meeting
Application: Conditional use permit to allow a wireless internet service provider office in
the I/C (IndustriallCommercial) district at 583 Hwy 7 West (formerly
Modern Mazda)
Applicant: Mark Wegsheid, Broadband Corp., applicant
Lowell and Dan Baumetz, property owners
CONDITIONAL USE PERMIT
Mark Wegscheid, owner of Broadband Corp., is requesting a conditional use permit to allow a
wireless internet service provider office a 585 Hwy 7 West. The property is located in the I/C
district which requires a conditional use permit for change of use. The property was previously
an automobile dealership and the building had been vacant until Mr. Wegscheid rented office
space in October of 2010. The conditional use permit will bring the use into compliance with
City Code. Some of the conditionally permitted uses in the I/C district would include: trade and
services, business offices, light manufacturing or process including repairs, assembling,
fabricating, altering, converting, etc. Broadband is subletting approximately 720 square feet of
the building to "Tech Brothers" for home computer repair services.
b tC � 9
Conditional use permit
Planning Commission — 8 -16-11
585 Hwy 7 West
Paget
GENERAL INFORMATION
Existing Zoning: UC (Industrial/Commercial)
Property Location: 585 Hwy 7 W
Lot Size: Approximately 1 acre
Existing Land Use: Previously automobile dealership
Adjacent Land Use
And Zoning: I/C (Industrial/Commercial), CS (Conditional Commercial), R -3PD
(Medium -High Density Residential, Planned Development) and R -2
(Medium Density Residential)
Comprehensive
Land Use Plan: Commercial
Zoning History: A conditional use permit was granted in 1981 to allow the vacant building
to be remodeled to automobile sales and service. In 1983, 1988 and 2002,
conditional use permits were granted for expansions of the business
adding sheds to the property and a pole type addition to the building.
Applicable
Regulations: Section 154.066, City Code
Analysis and
Recommendation:
Staff recommends approval of the request.
In reviewing the CUP, the Commission shall consider if the request meets the following
standards:
(a) The proposed building or use at the particular location requested is necessary or
desirable to provide a service or a facility which is in the interest of the public
convenience and will contribute to the general welfare of the neighborhood or
community;
(b) The proposed building or use will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, utility
facilities and other matters affecting the public health, safety and general welfare; and
(c) The proposed building or use will be designed, arranged and operated so as to permit
the development and use of neighboring property in accordance with the applicable
district regulations.
cItc��
Conditional use permit
Planning Commission — 8 -16-11
585 Hwy 7 West
Page 3
Staff recommends approval of the request with the following conditions:
1. The proposal would meet the standards for granting a conditional use permit, subject to
the conditions stated.
2. The proposed use and site improvements would comply with the standards of the UC
district.
3. Sign permits are required prior to installation of any signage.
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CERTIFICATE OF SURVEY for MODERN MAZDA
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TOTAL AREA 71305 SQUARE FEET
36008 SQUARE FEET NORTH OF
HIGHWAY RIGHT OF WAY
That part of the Northeast Quarter of the Southeast Quarter of Section 36,
Township 117 North, Range 30 West, described as follows:
Beginning at the intersection of the center line of State Highway No. 7
and a line 777.34 feet easterly of, as measured at aright angle to, and
parallel with the west line of said Northeast Quarter of the Southeast
Quarter; thence northerly, along said parallel line, a distance of 376.48
feet; thence easterly, deflecting to the right 90 degrees 00 minutes 00
seconds a distance of 200.00 feet; thence southerly, deflecting to the
right 96 degrees 00 minutes 00 seconds a distance of 336.57 feat to the
center lino of said State Highway No. 3; thence southwesterly, along said
center line, to the point of beginning.
I hereby certify that this survey was prepared by me or under my direct supervision and
that I am a duly Licensed land Surveyor under the laws of the State of Minnesota.
a e non, nsa January 14, 1992.
JOB NO. 92004 BOOK PI16 PAGE 65 co L(Z- -)
----------
CITY OF HUTCHINSON
CATERER'S PERMIT APPLICATION
PERMIT FEE $100
To obtain a Caterer's Permit, applicant must currently hold a valid retail on -sale intoxicating liquor license at a
restaurant. All liquor laws and rules apply to both the on -sale license as well as this caterer's permit. Liquor
liability and workers compensation insurance are mandatory and a certificate showing off premises coverage
must accompany this application for a caterer's permit. Cancellation or suspension of the on -sale license
invalidates the caterer's permit also. Only the licensee holding the caterer's permit shall provide food and
liquor at catered events.
L)PA than uSIC0. A 1 81
Appilmnt Name (Indtvidual, Partnership, Corpa uon (If Carportkn slate fall corporate nme) DOB Sock) Security #
Trade Name w DBA
4w Cerk+(al Avg 3a5 -110
Address of Res&izuraitt Telephone
e5aer 1'Y6l(I4e ►Y11y 3S Lt
City w county where on k hcense issued
Location of Event Dales) f�&- D4, aol'
W, 2'011
I certify that the above information provided by the applicant is true, complete, correct and madvin good
faith and agree to comply with the above paragraph's requirements and all other applicable law in tOb
use of the caterer's permit.
Signature — Authorized Applicant Date Print Full Name of Person Signing
Please attach the following documents to this form:
1) A copy of the applicant's caterer's permit issued by the State of Minnesota
2) A copy of the applicant's valid on -sale intoxicating liquor license
3) A copy of the applicant's valid restaurant license issued by the Health Department
4) A certificate of liquor liability insurance that states "off premises coverage included" (No applications, binders or declarations).
5) $100 check or money order payable to the City of Hutchinson
(3)
NO. Brpartment of Public -4ttfdtl
lrnhnl & umbling Enfortemrnt 43wision
CATERER'S PERMIT
One Eyed Willy's LLC
One Eyed Willy's
400 Central Ave
Lester PR, MN 55354
HAS BEEN ISSUED THIS LICENSE/PERMIT BY THE STATE OF MINNESOTA
PURSUANT TO MINNESOTA STATUTES CHAPTER 340A AND RELATED REGULATIONS
5/13/c012
EXPIRES Vim""
Alcohol & Gambling Enforcement Director
THIS LICENSEIPERMIT MUST BE CONSPICUOUSLY DISPLAYED
POST MINNESOTA DEPARTMENT of HEALTH NOT TRANSFERABLE
CONSPICUOUSLY 625 Robert Street North, P.O. Box 64975 AS TO PERSON
Environmental Health Division OR PLACE
St. Paul, Minnesota 55164 -0975
(651) 201 4505
LICENSE NO. FBL -4735 -30995 FOR THE OPERATION OF:
License Categories: Alcohol Bar Service, Base Fee, Hospitality Fee, Medium Fee Paid: $722.50
Establishment 208
LICENSE PERIOD: January 1, 2011 THRU December 31, 2011 DUPLICATE
ISSUED TO: ESTABLISHMENT NAME:
One Eyed Willys, LLC One Eyed Willys, LLC
400 Central Avenue 400 Central Avenue
P.O. Box 156 P.O. Box 156
Lester Prairie, Minnesota 55354 Lester Prairie, Minnesota 55354
County: McLeod
License Types: Restaurant/Place of Refreshment
No. 264—Liquor Licame "On Sal.."
S -5 o - L -
No.
Watt at
cd .........
COUNTY f N MUNICIPALITY Of`.. ....
......... ....... ...
to
on
PURSUANT TO APPLICATION THEREFOR, paymairl of a fee of
and upon Investigation and satisfactory o"ace of ths, qualification of the licensee.-.1... herein named to receive the, same and the the place of sale
hereinaillier described Is a proper and legal place therefor,
LICENSE IS HEREBY GRANTED
TO
for the term of ....G from :.........dry of.
Yedrik�L. TO SELL INTOXICATING LIQUORS
as defined by law AT RETAIL ONLY FOR CONSUMPTION "ON
THE PREMISES"
described
as ...................................................................................... -
IN THE MUNICIPALITY OF
a................................................. I ........... -1 .......................... ew. v ...,
as defined by law; subject, however, to the laws of the U= iai
ipeBfy, and the rules and regulaflons; of this LIQUOR CONTROL
made a part hereof, and subject to revocation according to law
This Boom* is non - transferable except by consent of this aull
WITNESS-THE GOVEMING BODY OF THE MUNICIPALI
day of.......
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said
................. v . . ...y
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............................................................. ................................... — ........
F the State of Minnesota, the regulafi*ns and ordinances of said munic-
NER, relating to the sale and distribution of intoxicating liquors, hereby
imeof. ?
and the seal thereof this.. . .....................
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d CERTIFICATE OF LIABILITY INSURANCE
DATE 0
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUNG WSURER(S). AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If ULS cardfieats holder is an ADDITIONAL INSURED, the Polley(ks) muss be ertdorsad. H SUBROGATION IS WAIVED, subject to
the temW and Conditions of the PONCy, certain Policies may require an endorsement. A staturle t on this certificate does not confer rights b the
Certificate holder In Hsu of such endorsanerd .
PRODUCER
GOETSCH INSURANCE AGENCY
P.O. BOX 355
GAYLORD MN 55334 -0355
BRAD GOETSCH
1 -507- 237 -4215 lAwt
ACCORDANCE WITH THE POLICY PROVISIONS.
PRODUCER
Et
1 A"4DFJ3 NCOVERAGE
NAICS
NSURED
NATHAN BUSICA, ONE EYED WILLY'S LLC
2604 9TH ST E
GLENCOE MN 55336
IiMIREIA: POUNDERS INSURANCE COMPANY
14249
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N MBER• REVISION NUMBER:
COVERAGES CERTIFICATE U
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TFE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOT ITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
v
TYFEOFINSRANCE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE T*NCELLM BEFORE
POLICY NUMBER
ACCORDANCE WITH THE POLICY PROVISIONS.
UMTS
-
AUTHORlIED VJrPtEMENrATrA. Preskleal l
GE 91AL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMSMADE ❑ OCCUR
HUTCHINSON, MN 55350
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POLICY PRO- LOG
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AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIREDALITOS
NON-0WTED AUTOS
COMBINED SINGLE UNIT
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BODILY INJURY(Rr person)
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(Per wddmO
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ANYPROPRIETORIF R"EAD(ECUTIVE YI❑N
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DES41=m OFF PBIATONS below
LIQUOR LIABILITY
NIA
LLMN001970 -1
01/0112011
01/0112012
E.L. FAW ACCIDENT
f
EL DISEASE - EA EMPLOYEE
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300,000 FISK OCC
5600,000 AGGREGATE
DESCRWrKM OF OPERATKM I LOCAnO 6D VBNCH (Aaa ACORD WI. AtleelenM ReeUrUls eMUreIIRA r nI*1e Nev M uRRaeel
LOCATION: 400 CENTRAL AVE., LESTER PRAIRIE, MN 55354
* *COVERS ALL CATERED EVENTS AT ALL LOCATIONS **
GERTIFICAI E rATWER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE T*NCELLM BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEL MOM IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF HUTCHINSON
-
AUTHORlIED VJrPtEMENrATrA. Preskleal l
111 HASSAN ST SE yr.
HUTCHINSON, MN 55350
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ACORD 25 (200111011)
17-j
The ACORD nano and Ingo are registered marks of ACORD
C
Marc A. Sebora, City Attorney
Office of the City Attorney 111 Hassan sheet SE
Hutchinson, MN 55350.2522
320.587- 5151/Fax 320.2344201
M E M O R A N D U M
TO: Mayor Cook and City Council Members
FROM: Marc A. Sebora, City Attorney
DATE: August 18, 2011
SUBJECT: Data Practices Policy
As you know the Minnesota Data Practices Act requires cities to provide information that is
classified as public information to individuals who request it.
However, there are many other components of the Data Practices Act which the City has to take
into account: classifying types of information as either public, nonpublic or private data,
responding to requests for information, charging for responding to data practices requests when
appropriate, and the proper storage of information.
Some time ago, Minnesota law added the requirement for public entities to develop and maintain
policies for classifying and storing information, as well as responding to data practices requests
so that members of the public know how information within the city is going to be treated, what
information is available to the public and under which instances information or the retrieval of
information may require payment by the requester.
The Hutchinson Utilities Commission adopted their data practices policy last year and I'm
presenting this policy to you for your consideration.
The policy is modeled after information provided to the City from the League of Minnesota
Cities, as well as the Minnesota Department of Administration.
The main crux of the policy, and really the entire Data Practices Act, is that the City must
provide information that is classified as public to people requesting it in a timely fashion, and
likewise to protect information that is either private or nonpublic from public dissemination.
Should you have further questions about this I would be happy to answer them at the Council
meeting.
Thank you
Printed on recycled paper - 4 (,P—
City of Hutchinson
Guidelines and Procedures
For the
Minnesota Government Data Practices Act
4 (e)
City of Hutchinson
Data Practices Procedures
Table of Contents
Subiect Page
Introduction................................................. ..............................4
2. Responsible Authority .................................... ..............................4
3. Access to Public Data ..................................... ..............................4
A. People Entitled to Access ............................. ..............................5
B. Form of Request ........................................ ..............................5
C. Time Limits ............................................. ..............................5
D. Fees ...................................................... ..............................5
4. Access to Data on Individuals ............................ ..............................5
A. People Entitled to Access ............................... ............................5,6
B. Form of Request ....................................... ..............................6
C. Identification of Requesting Party ................... ..............................6
D. Time Limits ............................................. ..............................7
E. Fees ....................................................... ..............................7
F. Summary Data .......................................... ..............................7
G. Juvenile Records ......................................... ............................7,8
5. Denial of Access ............................................ ..............................8
6. Collection of Data on Individuals ........................ ..............................9
7. Challenge to Data Accuracy .............................. ..............................9
8. Data Protection ............................................. ..............................9
A. Accuracy and Currency of Data ........................ ...........................9,10
B. Data Safeguards ........................................ .............................10
co ce)
Exhibits Page
1. List of Designees ........................................... ..............................1 l
2. Data Request/Cost Calculation Form ..................... .............................12
3. Photocopying Charges ...................................... .............................13
4. Consent to Release Private Data ........................... .............................14
5. Information Disclosure Request ........................... .............................15
6. Access and Nondisclosure Agreement ...................... ..........................16,17
7. Notice to Juveniles .......................................... .............................18
8. Data Practices Advisory (Tennessen Warning) ......... .............................19
9. Contract Language, Outside Agents ..................... .............................20
Appendix Letter
Nonpublic, Private & Confidential Data Maintained by the City ..................... A
ce 6 -0
CITY OF HUTCHINSON
DATA PRACTICES PROCEDURES
1. Introduction.
These procedures are adopted to comply with the requirements of the Minnesota Data Practices
Act (the "Act'), specifically Minn. Stat. Sec. 13.03, Subd. 2 and 13.05, Subd. 5 and 8.
2. Responsible Authority.
The person who is the responsible authority for compliance with the Act is the City
Administrator. The responsible authority has designated certain other City employees to assist in
complying with the act. These designees are listed on attached Exhibit 1.
3. Access to Public Data.
All information maintained by the City is public unless there is a specific statutory designation,
which gives it a different classification. Categories of classification are as follows:
Data on Individuals* Data on Decendents Data not on Individuals*
MS 13.02, Subd. 5 MS 13. 10, Subd. 1 MS 13.02, Subd. 4
Public
Accessible to anyone
MS 13.02, Subd. 15
Public
Accessible to anyone
MS 13.02, Subd. 15
Public
Accessible to anyone
MS 13.02, Subd. 14
Private
Private* *
Nonpublic
Assessible to the data
Assessible to the
Accessible to the data
Subject; Not accessible
representative of the
subject; Not accessible
To the public
decendent; Not accessible
to the public
To the public
MS 13.02, Subd 12
MS 13.10, Subd 1B
MS 13.02, Subd 9
Confidential
Confidential **
Protected Nonpublic
Not accessible to the
Not accessible to the
Not accessible to the
data subject; Not
representative of the
data subject; Not
accessible to the public
decendent; Not accessible
accessible to the Public
to the public
MS 13.02, Subd. 3
MS 13.10, Subd. IA
MS 13.02, Subd. 13
Individual is defined at MS 13.02, subdivision 8. Individual means a living human being. It does
not mean any type of entity created by law, such as a corporation. ** Private and confidential data
co (e)
on decedents become public data ten years after the death of the data subject and 30 years after the
creation of the data.
A. People Entitled to Access. Any person has the right to inspect and copy public data.
The person also has the right to have an explanation of the meaning of the data. The
person does not need to state his or her name or give the reason for the request.
B. Form of Request. The request for public data may be verbal or written.
C. Time Limits.
Requests. Requests will be received and processed only during normal business
hours.
Response._ If copies cannot be made at the time of the request, copies must be
supplied as soon as reasonably possible.
Fees. Fees may be charged only if the requesting person asks for a copy or electronic
transmittal of the data. Fees will be charged according to the City's standard
photocopying policy, attached as exhibit 2, unless significant time is required. In that
case, the fee will include the actual cost of searching for, retrieving, and copying or
electronically transmitting the data. The fee may include time necessary to separate
public from non - public data.
The responsible authority may also charge an additional fee if the copies have
commercial value and are a substantial and discreet portion of a formula, compilation,
program, process, or system developed with significant expenditure of public funds.
This additional fee must be related to the actual development costs of the information.
The responsible authority may also charge an additional fee if requested to certify the
correctness or completeness of documents.
4. Access to Data on Individuals.
Information about individual people is classified by law as public, private, or confidential. A list of
the private and confidential information maintained by the City is contained in Appendix A.
A. People Entitled to Access.
Public information about an individual may be shown or given to anyone.
Private information about an individual may be shown or given to:
Do- The individual, but only once every six months, unless a dispute has
arisen or additional data has been collected.
►A person who has been given access by the express written consent
of the data subject. This consent must be on the form attached as
Exhibit 4, or a form reasonable similar.
Po- People who are authorized access by the federal, state, or local law
or court order.
►People about whom the individual was advised at the time the data
was collected. The identity of those people must be part of the
Tennessen warning described below.
0- People within the City staff, the City Council, and outside agents
(such as attorneys) whose work assignments or responsibilities
reasonably require access.
* Confidential information may not be given to the subject of the data, but may be given or
shown to:
► People who are authorized access by federal, state, or local law or court order.
► People within the City staff, the City Council, and outside agents (such as attorneys)
whose work assignments or responsibilities reasonably require access.
B. Form or Request. Any individual may request information verbally or in writing if
the City has stored data about that individual and whether the data is classified as
public, private, or confidential.
All requests to see or copy private or confidential information must be in writing. An
Information Disclosure Request, attached as Exhibit 5, must be completed to
document who requests and who receives this information. The responsible authority
or designee must complete the relevant portions of the form. The responsible
authority or designee may waive the use of this form if there is other documentation
of the requesting party's identity, the information requested, and the City's response.
C. Identification of Requesting Party. The responsible authority or designee must verify
the identity of the requesting party as a person entitled to access. This can be through
personal knowledge, presentation of written identification, comparison of the data
subject's signature on a consent form with the person's signature in City records, or
other reasonable means.
D. Time Limits.
*Requests. Requests will be received and processed only during normal business
hours.
*Response. The response must be immediate, if possible, or within 5 working days,
if an immediate response is not possible. The City may have an additional 5 working
days to respond if it notifies the requesting person that it cannot comply within 5
days.
E. Fees. Fees may be charged in the same manner as for public information.
F. Summary Data. Summary data is statistical records and reports derived from data on
individuals but which does not identify an individual by name or any other
characteristic that could uniquely identify an individual. Summary data derived from
private or confidential data is public. The responsible authority or designee will
prepare summary data upon request, if the request is in writing and the requesting
party pays for the cost of the preparation.
U (g)
G. The responsible authority or designee must notify the requesting party about the
estimated costs and collect these costs before preparing or supplying the summary
data. This should be done within 10 days after receiving the request. If the summary
data cannot be prepared within 10 days, the responsible authority must notify the
requester of the anticipated time schedule and the reason for the delay.
Summary data may be prepared by "blacking out" personal identifiers, cutting out
portions of the records that contain personal identifiers, programming computers to
delete personal identifiers, or other reasonable means.
The responsible authority may ask an outside agency or person to prepare the
summary data if (1) the specific purpose is given in writing (2) the agency or person
agrees not to disclose the private or confidential data, and (3) the responsible
authority determines that access by this outside agency or person will not compromise
the privacy of the private or confidential data. The responsible authority may use the
form attached as Exhibit 6.
H. Juvenile Records. The following applies to private (not confidential) data about
people under the age of 18.
*Parental Access. In addition to the people listed above who may have access to private
data, a parent may have access to private information about a juvenile subject. "Parent" means the
parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the
absence of a parent or guardian. The parent if presumed to have this right unless the responsible
authority or designee has been given evidence that there is a state law, court order, or other legally
binding document, which prohibits this right.
*Notice to Juvenile. Before requesting private data from juveniles, city personnel must
notify the juveniles that they may request that the information not be given to their parent(s). This
notice should be in the form attached as Exhibit 7.
*Denial of Parental Access. The responsible authority or designee may deny parental access
to private data when the juvenile requests this denial and the responsible authority or designee
determines that withholding the data would be in the best interest of the juvenile. The request from
the juvenile must be in writing, stating the reasons for the request. In determining the best interest of
the juvenile, the responsible authority or designee will consider:
• Whether the juvenile is of sufficient age and maturity to explain the
reasons and understand the consequences,
• Whether denying access may protect the juvenile from physical or
emotional harm,
• Whether there are reasonable grounds to support the juvenile's reasons
and
• Whether the data concerns medical, dental, or other health services
provided under Minnesota Statute Sections 144.341 to 144.347. If so,
(e-)
the data may be released only if failure to inform the parent would
seriously jeopardize the health of the minor.
The responsible authority or designee may also deny parental access
without a request from the juvenile under Minnesota Statute Section
144.335.
5. Denial of Access. If the responsible authority or designee determines that the requested data
is not accessible to the requesting party, the responsible authority or designee must inform the
requesting party orally at the time of the request or in writing as soon after that as possible. The
responsible authority or designee must give the specific legal authority, including statutory section,
for withholding the data. The responsible authority or designee must place an oral denial in writing
upon request. This must also include the specific legal authority for the denial.
6. Collection of Data on Individuals. The collection and storage of information about
individuals will be limited to that necessary for the administration and management of the programs
specifically authorized by the state legislature, city council, or federal government.
When an individual is asked to supply private or confidential information about the individual, the
City employees requesting the information must give the individual a Tennessen warning. This
warning must contain the following:
• The purpose and intended use of the requested data,
• Whether the individual may refuse or is legally required to supply the
requested data,
• Any known consequences from supplying or refusing to supply the
information, and
• The identity of other persons or entities authorized by state or federal
law to receive the data.
A Tennessen warning is not required when an individual is requested to supply investigative data to
a law enforcement officer.
A Tennessen warning may be on a separate form or may be incorporated into the form which
requests the private or confidential data. See attached Exhibit 8.
7. Challenge to Data Accuracy. An individual who is the subject of public or private may
contest the accuracy or completeness of that data maintained by the City. The individual
must notify the City's responsible authority in writing describing the nature of the
disagreement. Within 30 days, the responsible authority or designee must respond and
either (1) correct the data found to be inaccurate or incomplete and attempt to notify past
recipients of inaccurate or incomplete data, including recipients named by the individual,
or (2) notify the individual that the authority believes the data to be correct.
An individual who is dissatisfied with the responsible authority's action may appeal to
the Commissioner of the Minnesota Department of Administration, using the contested
case procedures under Minnesota Statues Chapter 14. The responsible authority will
correct any data if so ordered by the Commissioner.
ce (e)
8. Data Protection.
A. Accuracy and Currency of Data.
All employees will be requested, and given appropriate forms, to
provide updated personal information to the appropriate supervisor, City
Administrator, or Finance Director, which is necessary for tax,
insurance, emergency notification, and other personnel purposes. Other
people who provide private or confidential information will also be
encouraged to provide updated information when appropriate.
Department heads should periodically review forms used to collect data
on individuals to delete items that are not necessary and to clarify items
that may be ambiguous.
All records must be disposed of according to the State of Minnesota
General Records Retention Schedule.
B. Data Safeguards.
*Private and confidential information will be stored in files or databases which are
not readily accessible to individuals who do not have authorized access and which
will be secured during hours when the offices are closed.
*Only those employees whose job responsibilities require them to have acess will be
allowed access to files and records that contain private or confidential information.
These employees will be instructed to:
• Not to discuss, disclose, or otherwise release private or confidential data
to City employees whose job responsibilities do not require access to the
data.
• Not leave private or confidential data where non - authorized individuals
might see it, and
• Shred private or confidential data before discarding.
*When a contract with an outside party requires access to private or confidential
information, the contracting party will be required to use and disseminate the
information consistent with the Act. The City may include in a written contract the
language contained in Exhibit 9.
(Pce)
Exhibit 1
LIST OF DESIGNEES
The Minnesota Data Practices Act establishes a system for compilation and distribution of data
gathered by government agencies. All data collected and maintained by the City of Hutchinson
( "City ") is presumed public and is accessible to the public for both inspection and copying, unless
classified as Private, Confidential, Nonpublic or Protected Nonpublic in accordance with Federal
law, State Statute or a temporary classification.
The City of Hutchinson has appointed the following position to administer this system.
Responsible Authority
City Administrator
City of Hutchinson
111 Hassan St. SE
Hutchinson, MN 55350
(320) 587 -5151
Positions appointed as Designees in system administration are as follows:
Hutchinson Utilities Commission Records
(gas and electric records)
Police Records
Official Records Clerk
General Manager
Hutchinson Utilities Commission
225 Michigan St. SE
Hutchinson, MN 55350
(320) 587 -4746
Chief of Police
Hutchinson Police Department
10 Franklin St. S.
Hutchinson, MN 55350
(320) 587 -2242
City Administrator
City of Hutchinson
111 Hassan St. SE
Hutchinson, MN 55350
Other positions responsible for maintenance of City Records are as apparent or assigned.
(, Ce)
Exhibit 2
DATA REQUEST COST CALCULATION FORM
Fees charged are in accordance with Minn. Statute Section 13.03 (3)
Date of Request:
Description of information requested: (Please be specific)
Costs for duplication of standard materials are included on Exhibit 3. Please use this section to
calculate fees for other data requests.
Estimated Cost Actual Cost
A. LABOR X
# Hours Hourly Rate
X
#Hours Hourly Rate
B. PHOTOCOPY X
Rate #Pages
C. MAILING X
D. PRINTING COSTS
E. OTHER COSTS (May include computer time, programming, terminal access, microfilming,
document certification and any other costs not listed above.)
1.
2.
3.
4.
TOTAL CHARGES
AMOUNT TO BE PREPAID
(50% of est. total if exceeds $50)
AMOUNT DUE UPON COMPLETION
PREPARED BY:
DEPARTMENT:
DATE:
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Exhibit 3
Photocopying Charges
The following rates shall apply for request of standard materials:
STANDARD CHARGES
Photo Copies 25 cents /page
Document Research $25/hour
MN Statute 13.03 Subd. 3. Request for access to data. (a) Upon request to a responsible
authority or designee, a person shall be permitted to inspect and copy public government data at
reasonable times and places, and, upon request, shall be informed of that data's meaning. If a
person requests access for the purpose of inspection, the responsible authority may not assess a
charge or require the requesting person to pay a fee to inspect data.
(b) For purposes of this section, "inspection" includes but is not limited to, the visual
inspection of paper and similar types of government data. Inspection does not include
printing copies by the government entity, unless printing a copy is the only method to
provide for inspection of the data.
(c) The responsible authority or designee shall provide copies of public data upon request. If
a person requests copies or electronic transmittal of the data to the person, the
responsible authority may require the requesting person to pay the actual costs of
searching for and retrieving government data, including the cost of employee time, and
for making copies, certifying, compiling, and electronically transmitting the copies of the
data, but may not charge for separating public from nonpublic data. If the responsible
authority is not able to provide copies at the time a request is made, copies shall be
supplied as soon as reasonably possible.
(P (:0
Exhibit 4
CONSENT TO RELEASE PRIVATE DATA
I, , authorize the City of Hutchinson to release the
following private data about me:
To the following person or people:
The person or people receiving the private data may use it only for the purpose or purposes:
This authorization is dated and expires on
The expiration cannot exceed one year from the date of the authorization, except in the case of
authorizations given in connection with applications for life insurance or non - cancelable or
guaranteed renewable health insurance and identified as such, two years after the date of the
policy.
I agree to give up and waive all claims that I might have against the City, its agents and
employees for releasing data pursuant to this request.
Signature
Identity Verified By:
_ Witness: X
_ Identification: Driver's License, State ID, Passport, other:
_ Comparison with signature on file
Other:
Responsible Authority/Designee:
Co Lam)
Exhibit 5
INFORMATION DISCLOSURE REQUEST
Minnesota Government Data Practices Act
A. Completed by Requester
Name (Last, First, MI)
Street Address
Date of Request
Phone Number
City, State, Zip Signature
Description of the information requested: (attach additional sheets if necessary)
B. Completed by the City of Hutchinson Handled by:
Information classified as:
Public _ Non - Public _ Private _ Protected Non - Public
Confidential
Action:
_ Approved _ Approved in part (Explain Below) _ Denied (Explain Below)
Remarks or basis for denial including MN Statute if applicable:
Charges:
_ None
_ Photocopy:
_ Pages x _
_ Special Rate:
Explanation: _
_ Other:
Explanation: _
cents =
Identify Verified for Private Information:
_ Identification: Driver's License, Etc.
_ Comparison with Signature on File
_ Personal Knowledge
_ Other:
Authorized Signature Date
(V (e)
Exhibit 6
GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT
AUTHORIZATION. City of Hutchinson ( "City ") hereby authorizes
, ( "Authorized Party") access to the following government
data:
2. PURPOSE. Access to this government data is limited to the objective of creating
summary data for the following purpose:
3. COST. (Check which applies):
The Authorized Party is the person who requested the summary data and agrees to bear
the City's costs associated with the preparation of the data which has been determined to be $
The authorized Party has been requested by the City to prepare summary data and will be
paid in accordance with Attached Exhibit
4. SECURITY. The Authorized Party agrees that if it and any employees or agents under
its control must protect the privacy interests of individual data subjects in accordance
with the terms of this Agreement.
The Authorized Party agrees to remove all unique personal identifiers which could be used to
identify any individual from data classified by state or federal law as not public which is
obtained from City records and incorporated into reports, summaries, compilations, articles, or
any document or series of documents.
Data contained in files, records, microfilm, or other storage media maintained by the City are the
City's property and are not to leave the City's custody. The Authorized Party agrees not to make
reproductions of any data or remove any data from the site where it is provided, if the data can in
any way identify an individual.
No data which is not public and which is irrelevant to the purpose stated above will ever be
disclosed or communicated to anyone by any means.
The Authorized party warrants that the following named individual(s) will be the only person(s)
to participate in the collection of the data described above:
cp Le)
5. LIABILITY FOR DISCLOSURE. The Authorized party is liable for any unlawful use
or disclosure of government data collected, used and maintained in the exercise of this agreement
and is classified as not public under state or federal law. The Authorized Party understands that
it may be subject to civil or criminal penalties under those laws.
The Authorized party agrees to defend, indemnify, and hold the City, its officers and employees
harmless from any liability, claims, damages, costs, judgements, or expenses, omission of the
Authorized Party's failure to fully perform in any respect all obligations under this agreement.
6. INSURANCE. In order to protect itself as well as the City, the Authorized party agrees
at all times during the term of this Agreement to maintain insurance covering the Authorized
Party's activities under this Agreement. The insurance will cover $1,000,000 per claimant for
personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the
indemnification obligation specified above.
7. ACCESS PERIOD. The Authorized Party may have access to the information described
above from to
8. SURVEY RESULTS. (Check which applies):
_ If the Authorized Party is the requester, a copy of all reports, summaries, compilations,
articles, publications or any document or series of documents that are created from the
information provided under this agreement must be made available to the city in its entirety.
_ If the Authorized Party is a contractor of the City, all copies of reports, summaries,
compilations, articles, publications or any document or series of documents that are created from
the information provided under this agreement must be provided to the City. The Authorized
party may retain one copy for its own records but may not disclose it without City permission,
except in defense of claims brought against it.
AUTHORIZED PARTY:
0
Title (if applicable):
CITY OF HUTCHINSON:
Its:
Date:
Date:
(.oGe)
Exhibit 7
NOTICE TO PERSONS UNDER AGE 18
Some of the information you are asked to provide is classified as private under State Law. You
have the right to request that some or all of the information not be given to one or both of your
parents /legal guardians. Please complete the form below if you wish to have information
withheld.
Your request does not automatically mean that the information will be withheld. State law
requires the City to determine if honoring the request would be in your best interest. The City is
required to consider:
• Whether you are of sufficient age and maturity to explain the reasons
and understand the consequences,
• Whether denying access may protect you from physical or emotional
harm,
• Whether there is reasonable grounds to support your reasons, and
• Whether the data concerns medical, dental, or other health service
provided under Minnesota Statues Sections 144.341 to 144.347. If
so, the data may be released only if failure to inform the parent
would seriously jeopardize your health.
NOTICE GIVEN TO:
BY:
(Name)
DATE:
REQUEST TO WITHHOLD INFORMATION
I request that the following information:
Be withheld from:
For these reasons:
Date: _
Signature:
Print Name:
Exhibit 8
DATA PRACTICES ADVISORY
(Tennessen Warning)
Some or all of the information that you are asked to provide on the attached form is classified by
State law as either private or confidential. Private data is information that generally cannot be
given to the public but can be given to the subject of the data. Confidential data is information
that generally cannot be given to either public or the subject of the data.
Our purpose and intended sue of this information is:
You _ are _ are not legally required to provide this information.
If you refuse to supply the information, the following may happen:
Other persons or entities authorized by law to receive this information are:
Exhibit 9
CONTRACT PROVISION
Data Practices Compliance. Contractor will have access to data collected or maintained by the
City to the extent necessary to perform Contractor's obligation under this contract. Contractor
agrees to maintain all data contained from the City in the same manner as the City is required
under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the Act). Contractor
will not release or disclose the contents of data classified as not public to any person except at
the written direction of the City. Contractor agrees to defend and indemnify the city from any
claim, liability, damage or requirements of the Act or this contract. Upon termination of this
contract, Contractor agrees to return data to the City as requested by the City.
(, Gam)
APPENDIX A
NONPUBLIC, PRIVATE & CONFIDENTIAL DATA MAINTAINED BY THE
City of Hutchinson
1. PERSONNEL DATA (PRIVATE)
Generally dall data about people who are or were an employee, applicant for employment,
volunteer, independent contractor, or member of or applicant for a board or commission is
private, with the exceptions noted below.
Public Data — Applicants
The following data on current and former applicants is public:
* Veteran Status
* Relevant test scores
* Rank on eligible list
* Education and training
* Work availability
* Name, after being certified as eligible for appointment to a vacancy or when considered a
finalist for a position of public employment (which occurs when the person has been selected
to be interviewed by the appointing authority)
* Names and addresses of applicants for appointment to and members of an advisory board
or commission.
Public Data — Employees
The following data on current and former employees, volunteers, independent contractors,
and members of advisory boards and commissions are public:
* Name
* Actual gross salary
* Salary range
* Contract fees
* Actual gross pension
* Value and nature of employer paid fringe benefits
* Basis for and the amount of added remuneration, including expense reimbursement, in
addition to salary
* Job title
* Job Description
* Education and training background
* Previous work experience
* Date of first and last employment
* The existence and status (but not nature) of any complaints or charges against the
employee, regardless of whether the complaint or charge resulted in a disciplinary action
* Terms of any agreement settling any dispute arising from the employment relationship,
including a "buyout" agreement.
* Work location
* Work telephone number
* Badge number
* Honors and awards received
* Payroll time sheets or other comparable data that are only used to account for employee's
work time for payroll purposes, except to the extent that release of time sheet data would
reveal the employee's reasons for the use of sick or other medical leave or other non-
public data.
* City and county of residence
Undercover Law Enforcement Officer
All personnel data about a law enforcement officer is private until no longer assigned to
those duties. Then the officer is subject to the same rules applicable to other employees
unless the law enforcement agency determines that revealing the data would threaten the
officer's safety or jeopardize an active investigation.
Access by Labor Organizations
Personnel data may be given to labor organizations and the Bureau of Mediation Services to
the extent this it is necessary to conduct elections, notify employees of fair share fee
assessments, or to implement state labor laws.
Employee Assistance Programs
All data associated with employee assistance programs is private.
Harassment
When there is a harassment complaint against an employee, the employee may not have
access to data that would identify the complainant or other witnesses if the data would
threaten the personal safety of the complainant or witness, or subject the complainant or
witness to harassment. However, this information will be provided to the employee in order
for him/her to prepare for a disciplinary proceeding that has been initiated.
Peer Counseling Debriefing
Data acquired by a peer group member in a public safety peer counseling debriefing is
private data on the person being debriefed.
Protection of Employee or Others
G (:gL)
If it is reasonably necessary to protect an employee from harm to self or to protect another
person who may be harmed by the employee, information that is relevant to the safety
concerns may be released to (1) the person who may be harmed or to the person's attorney
when relevant to obtaining a restraining order, (2) a prepetition screening team in the
commitment process, or (3) a court, law enforcement agency or prosecuting authority.
2. PROPERTY COMPLAINT DATA (CONFIDENTIAL). Minn. Star. 13.44
The identities of individuals who register complaints concerning violations of state laws or
local ordinances concerning the use of real property.
3. PLANNING QUESTIONAIRES (PRIVATE). Minn. Stat. 13.59
Names, addresses, and legal descriptions of property, that are collected in questionnaires or
surveys of individuals and businesses for the purposes of planning, development, or
redevelopment.
4. SECURITY INFORMATION (Nonpublic).
Minn. State. 13.37
Data which is disclosed would be likely to substantially jeopardize the security of information,
possessions, individuals or property against the theft, tampering, improper use, attempted
escape, illegal disclosure, trespass, or physical injury. This includes crime prevention
programs and their home addresses and telephone numbers, but these may be disseminated to
other volunteers participating in crime prevention programs.
5. ABSENTEE BALLOTS (Nonpublic). Minn. Stat. 13.37
Sealed absentee ballots before opening by an election judge.
6. SEALED BIDS (Nonpublic) Minn. Star. 13.37
7. LABOR RELATIONS INFORMATION (Nonpublic). Minn. Star. 13.37
Management positions on economic and non - economic items that have not been presented
during the collective bargaining processor interest arbitration, including information collected
or created to prepare the management position.
8. FIREARMS DATA (PRIVATE).
Minn. Star. 13.87
Data about the purchase or transfer of firearms and applications for permits to carry firearms.
9. EXAMINATION DATA (Nonpublic). Minn. Star. 13.34
Completed versions of personnel and licensing examinations shall be accessible to the
individual who completed the examination, unless the responsible authority determines that
access would compromise the objectivity, fairness, or integrity of the examination process.
LP (e)
10. ELECTED OFFICIALS CORRESPONDENCE (PRIVATE). Minn. Stat. 13.601
Correspondence between individuals and elected officials is private data on individuals, but
may be made pubic by either the sender or the recipient.
11. BENEFIT DATA (PRIVATE).
Minn.Stat. 13.462
All data about individuals participating in the City's rehabilitation program.
12. CIVIL INVESTIGATIVE DATA. Minn. Stat. 13.39
13. APPRAISAL DATA (CONFIDENTIAL). Minn. Stat. 13.44
Appraisals made for the purpose of selling or acquiring land.
14. ASSESSOR'S DATA (PRIVATE). Minn. Stat. 13.51
Data on sales sheets from private multiple listing service organizations.
Income information on individuals used to determine eligibility of property for class 4d under Minn.
Stat. 273.13 and 273.126.
The following data regarding income properties:
• Detailed income and expense figure,
• Average vacancy factors,
• Verified net rentable or net useable areas,
• Anticipated income and expenses,
• Projected vacancy factor, and
• Lease information
Social Security Numbers (Minn. Stat. 13.355)
15. TRANSPORTATION SERVICE DATA (PRIVATE). Minn. Stat. 13.72
Personal, medical, financial, or locational information, except name of applicants or users of
transportation services for the disabled or elderly.
16. RECREATION DATA (PRIVATE).
Minn. Stat. 13.548
For people enrolling in recreational or other social programs: name, address, telephone number, any
other data that identifies the individual, and any data which describes the health or medical condition
of the individual, family relationships, living arrangements, and opinions as to the emotional makeup
or behavior of an individual.
17. LAW ENFORCEMENT DATA. Minn. Stat. 13.80 & 13.82
Data collected under the domestic abuse act is confidential.
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The audio recording of a 911 call is private regarding the individual making the call, but written
transcript is public.
Certain arrest data, request for service data, and response or incident data is public, under Minn. Stat.
13.82. Otherwise, investigative data collected to prepare a case against a person for the commission
of a crime or civil wrong is confidential while the investigation is active. Photographs that are part
of inactive investigation files are private if they are clearly offensive to common sensibilities.
Booking photographs are public.
The identity of a victim of child abuse or neglect is private. The identity of a reporter of child abuse
or neglect is confidential. Inactive investigative data that relates to the alleged abuse or neglect of a
child by a person responsible for the child's care is private.
Videotapes of child abuse victims may not be released under any circumstances without a court
order.
The following are private:
• The identity of undercover law enforcement officers.
• The identity of criminal sexual conduct victims.
• The identity of certain informants.
• The identity of victims, witnesses, people making 911 call whose personal
safety or property would be threatened by disclosure.
• The identity of a person making a 911 call to receive help in a mental health
emergency.
Unique descriptions of stolen, lost, confiscated, or recovered property are private.
Identities of customers of licensed pawnshops and secondhand goods dealers are private.
Detention data that would disclose personal, medical, psychological or financial information or endanger
an individual's life is private data (Minn. Stat. 13.85).
Criminal history data is private, except convictions of crimes within the past 15 years (Minn. Stat.
13.87)
Deliberative processes or investigative techniques are confidential.
18. CITY ATTORNEY RECORDS.
Minn. Stat. 13.393
Statutes, rules, and professional standards concerning discovery, production of documents, introduction
of evidence, and professional responsibility govern the use, collection, storage, and dissemination of
data by the city attorney.
ce (e)
19. COUNCIL MEETINGS HAVING DATA CLASSIFIED AS NONPUBLIC
Minn. Stat. 13D.05
Subd. 2. When meeting must be closed: (a) any portion of a meeting must be closed if expressly
required by other law or if the following types of data are discussed:
I. data that would identify alleged victims or reporters of criminal sexual conduct, domestic
abuse, or maltreatment of minors or vulnerable adults;
2. internal affairs data relating to allegations of law enforcement personnel misconduct
collected or created by a state agency, statewide system, or political subdivision; or
3. educational data, health data, medical data, welfare data, or mental health data that are not
public data.
(b) A public body shall close one or more meetings for preliminary consideration of
allegations or charges against an individual subject to its authority. If the members
conclude that discipline of any nature may be warranted as a result of those specific
charges or allegations, further meetings or hearings relating to those specific charges
or allegations held after that conclusion is reached must be open. A meeting must
also be open at the request of the individual who is the subject of the meeting.
Subd. 3. When meeting may be closed. (a) a public body may close a meeting to evaluate the
performance of an individual who is subject to its authority. The public body shall identify the
individual to be evaluated prior to closing a meeting. At its next open meeting, the public body shall
summarize its conclusions regarding the evaluation. A meeting must be open at the request of an
individual who is the subject of the meeting.
(b) Meetings may be closed if the closure is expressly authorized by statute or permitted by the
attorney - client privilege.
(-p ce-)
R55CKREG LOG22001V0
CITY OF HUTCHINSON
Council Check Register
8/23/2011
8/18/2011
Account Description
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
EQUIPMENT PARTS
CONTRACT REPAIR & MAINTENANCE
OPERATING SUPPLIES
COMMUNICATIONS
CONTRACT REPAIR & MAINTENANCE
DUES & SUBSCRIPTIONS
ACCRUED LIFE INSURANCE
CONTRACT REPAIR & MAINTENANCE
SIGNS & STRIPPING MATERIALS
CHEMICALS & PRODUCTS
OTHER CONTRACTUAL
COST OF MIX & SOFT DRINKS
COST OF SALES -BEER
CENTRAL GARAGE REPAIR
EQUIPMENT PARTS
CENTRAL GARAGE REPAIR
REPAIR & MAINTENANCE SUPPLIES
CONTRACT REPAIR & MAINTENANCE
UNIFORMS & PERSONAL EQUIP
COST OF SALES -WINE
TRAVEL SCHOOL CONFERENCE
OPERATING SUPPLIES
RECEIVED NOT VOUCHERED
FREIGHT - IN
CONTRACT REPAIR & MAINTENANCE
OFFICE SUPPLIES
Check #
Ck Date
Amount Vendor/ Explanation
166838
8/23/2011
227.09 4 SEASONS LANDSCAPE & LAWNCARE
166839
8/23/2011
408.00 AARP
166841
8/23/2011
522.32 ACE HARDWARE
166842
8/23/2011
826.72 AEM MECHANICAL SERVICES, INC
166843
8/23/2011
439.49 ALL IN ONE PROMOTIONS
166844
8/23/2011
91.47 ALLTEL
166845
8/23/2011
7,041.28 ALPHA WIRELESS
166846
8/23/2011
49.00 AMERICAN CEMETERY
166847
8/23/2011
108.07 AMERICAN FAMILY INS CO.
166848
8/23/2011
65.33 AMERIPRIDE LINEN & APPAREL
166849
8/23/2011
446.74 AMS COATING SYSTEMS INC.
166850
8/23/2011
4,549.96 ANDERSON CHEMICAL COMPANY
166851
8/23/2011
764.00 ANIMAL MEDICAL CENTER ON CROW
166852
8/23/2011
805.62 ARCTIC GLACIER PREMIUM ICE INC
166853
8/23/2011
357.00 ARNESON DISTRIBUTING CO
166854
8/23/2011
35.63 ASPEN EQUIPMENT CO
166855
8/23/2011
75.83 AUTO VALUE - GLENCOE
166856
8/23/2011
192.80 B & B SPORTS
166857
8/23/2011
21.41 B & C PLUMBING & HEATING INC
166858
8/23/2011
2,700.00 B & L UTILITY MAINTENANCE
166859
8/23/2011
89.99 BAHR, LYLE
166860
8/23/2011
3,607.45 BELLBOY CORP
166861
8/23/2011
58.83 BLACKWELL, DAN
166862
8/23/2011
106.66 BLADE PHOTO IMAGING & PORTRAIT
166863
8/23/2011
1,700.00 BLUE VALLEY SOD
166864
8/23/2011
8,236.41 BRYAN STRETCH TRUCKING
166865
166866
8/23/2011
8/23/2011
2,478.00 BT LOCK & KEY
61.99 BUSINESSWARE SOLUTIONS
8/18/2011
Account Description
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
EQUIPMENT PARTS
CONTRACT REPAIR & MAINTENANCE
OPERATING SUPPLIES
COMMUNICATIONS
CONTRACT REPAIR & MAINTENANCE
DUES & SUBSCRIPTIONS
ACCRUED LIFE INSURANCE
CONTRACT REPAIR & MAINTENANCE
SIGNS & STRIPPING MATERIALS
CHEMICALS & PRODUCTS
OTHER CONTRACTUAL
COST OF MIX & SOFT DRINKS
COST OF SALES -BEER
CENTRAL GARAGE REPAIR
EQUIPMENT PARTS
CENTRAL GARAGE REPAIR
REPAIR & MAINTENANCE SUPPLIES
CONTRACT REPAIR & MAINTENANCE
UNIFORMS & PERSONAL EQUIP
COST OF SALES -WINE
TRAVEL SCHOOL CONFERENCE
OPERATING SUPPLIES
RECEIVED NOT VOUCHERED
FREIGHT - IN
CONTRACT REPAIR & MAINTENANCE
OFFICE SUPPLIES
166867
8/23/2011
43,262.90 C & L DISTRIBUTING
COST OF SALES -BEER
166868
8/23/2011
203.68 CALIFORNIA CONTRACTORS SUPPLIE
REPAIR & MAINTENANCE SUPPLIES
166869
8/23/2011
5,624.30 CARS ON PATROL SHOP LLC
TRUCKS
166870
8/23/2011
129.73 CENTRAL HYDRAULICS
RECEIVED NOT VOUCHERED
166871
8/23/2011
478.30 CENTRAL IRRIGATION SUPPLY INC
REPAIR & MAINTENANCE SUPPLIES
166872
8/23/2011
53.44 CENTRAL LANDSCAPE SUPPLY
LANDSCAPE MATERIALS
166873
8/23/2011
353.48 CENTRAL MCGOWAN
RECEIVED NOT VOUCHERED
166874
8/23/2011
397.00 CENTURY FENCE
CONTRACT REPAIR & MAINTENANCE
166875
8/23/2011
12,664.69 CLARKE MOSQUITO CONTROL PRODUC
OTHER CONTRACTUAL
166876
8/23/2011
468.21 COMDATA CORPORATION
MISCELLANEOUS
166877
8/23/2011
30.00 COMMON CUP
CAMPGROUND FEES
166878
8/23/2011
11.00 CORRA GROUP
PROFESSIONAL SERVICES
166880
8/23/2011
2,311.01 CREEKSIDE SOILS
LANDSCAPE MATERIALS
166881
8/23/2011
1,634.89 CROW RIVER AUTO & TRUCK REPAIR
CENTRAL GARAGE REPAIR
166882
8/23/2011
281.55 CROW RIVER PRESS INC
RECEIVED NOTVOUCHERED
166883
8/23/2011
252.52 CZECH, RANDY
TRAVEL SCHOOL CONFERENCE
166884
8/23/2011
2,133.00 DAVE'S PALLET SERVICE
RECEIVED NOT VOUCHERED
166885
8/23/2011
9,403.17 DAY DISTRIBUTING
COST OF SALES -BEER
166886
8/23/2011
20.00 DEPUTY #156 JOHN LENARZ
TRAVEL SCHOOL CONFERENCE
166887
8/23/2011
6,285.30 DIRECT PLASTICS GROUP
RECEIVED NOT VOUCHERED
166888
8/23/2011
582.46 DROP -N -GO SHIPPING, INC
PRINTING & PUBLISHING
166889
8/23/2011
188.10 ECOLAB PEST ELIM
RECEIVED NOT VOUCHERED
166890
8/23/2011
98.10 ECONO FOODS
MISCELLANEOUS
166891
8/23/2011
1,045.00 EHLERS & ASSOCIATES INC
PROFESSIONAL SERVICES
166892
8/23/2011
6,168.79 ELECTRIC PUMP
CONTRACT REPAIR & MAINTENANCE
166893
8/23/2011
205.20 ELECTRO WATCHMAN
CONTRACT REPAIR & MAINTENANCE
166894
8/23/2011
847.52 ESS BROTHERS & SONS
EQUIPMENT PARTS
166895
8/23/2011
10.68 EWING, PETER
REPAIR & MAINTENANCE SUPPLIES
166896
8/23/2011
738.69 FARM -RITE EQUIPMENT
RECEIVED NOT VOUCHERED
166897
8/23/2011
318.40 FARMER BROTHERS COFFEE
FOOD PRODUCTS - CONCESSION
166898
8/23/2011
503.50 FASTENAL COMPANY
RECEIVED NOT VOUCHERED
166899
8/23/2011
11,913.13 FENSKE'S STUMP REMOVAL
CONTRACT REPAIR & MAINTENANCE
166900
8/23/2011
142.50 FOSTER MECHANICAL
REPAIR & MAINTENANCE SUPPLIES
166901
8/23/2011
16,487.23 FREMONT INDUSTRIES, INC
CHEMICALS & PRODUCTS
166902
8/23/2011
52.97 G & K SERVICES
OPERATING SUPPLIES
166903
8/23/2011
127.21 GALLS AN ARAMARK CO
SMALL TOOLS
166904
8/23/2011
1,685.31 GAME TIME
OPERATING SUPPLIES
166905
8/23/2011
3,200.00 GAVIN, OLSON & WINTERS, LTD
PROFESSIONAL SERVICES
166906
8/23/2011
1,272.54 GE WATER & PROCESS TECHNOLOGIE
EQUIPMENT PARTS
166907
8/23/2011
7,157.00 GREAT LAKES ENTERPRISES INC
FREIGHT - IN
166908
8/23/2011
36.00 GUGGEMOS, MARK
SMALLTOOLS
166909
8/23/2011
535.88 H.A.R.T.
ACCRUED DEFERRED COMP
166910
8/23/2011
10.69 HANSEN GRAVEL
OPERATING SUPPLIES
166911
8/23/2011
17.00 HANSON, JAMES
SR CENTER INSTRUCTIONS
166912
8/23/2011
8,385.84 HCVN -TV
CABLE TV
166913
8/23/2011
108,390.80 HEALTH PARTNERS
EMPL.HEALTH & INS. BENEFIT
166914
8/23/2011
50.00 HENNEPIN COUNTY COURT ADMIN
OTHER REVENUES
166915
8/23/2011
573.72 HENRY'S WATERWORKS INC
OPERATING SUPPLIES
166916
8/23/2011
265.98 HENRYS FOODS INC
FOOD PRODUCTS- CONCESSION
166917
8/23/2011
732.08 HEWLETT - PACKARD CO
PROFESSIONAL SERVICES
166918
8/23/2011
196.84 HILLYARD / HUTCHINSON
RECEIVED NOT VOUCHERED
166919
8/23/2011
550.00 HOLT TOUR & CHARTER
OTHER CONTRACTUAL
166920
8/23/2011
200.00 HRA
HRA TRANSFER
166921
8/23/2011
80.16 HUTCH CAFE
OPERATING SUPPLIES
166922
8/23/2011
7,196.92 HUTCHINSON CO -OP
LANDSCAPE MATERIALS
166923
8/23/2011
623.04 HUTCHINSON CO -OP AGRONOMY
CHEMICALS & PRODUCTS
166924
8/23/2011
4,632.65 HUTCHINSON LEADER
PRINTING & PUBLISHING
166925
8/23/2011
118.00 HUTCHINSON MEDICAL CENTER
PROFESSIONAL SERVICES
166926
8/23/2011
87,160.09 HUTCHINSON UTILITIES
UTILITIES
166927
8/23/2011
72.78 HUTCHINSON WHOLESALE
CENTRAL GARAGE REPAIR
166928
8/23/2011
965.93 HUTCHINSON, CITY OF
UTILITIES
166929
8/23/2011
4,000.00 HUTCHINSON, CITY OF
MISCELLANEOUS
166930
8/23/2011
8.35 INDEPENDENT EMERGENCY SERVICES
COMMUNICATIONS
166931
8/23/2011
6,326.24 JEFF MEEHAN SALES INC.
ACCURED COMMISSIONS PAYABLE
166932
8/23/2011
2,750.00 JEFF'S ELECTRIC
CONTRACT REPAIR & MAINTENANCE
166933
8/23/2011
272.52 JIM'S GARDEN SERVICE
OTHER CONTRACTUAL
166934
8/23/2011
956.00 JJ TAYLOR DIST OF MN
COST OF SALES -BEER
�f
166935
8/23/2011
281.75 JOHN HENRY FOSTER MINNESOTA
CONTRACT REPAIR & MAINTENANCE
166936
8/23/2011
12,752.79 JOHNSON BROTHERS LIQUOR CO.
COST OF SALES -WINE
166937
8/23/2011
53.28 KLOSS, TOM
COMMUNICATIONS
166938
8/23/2011
76,576.36 KNIFE RIVER
IMPROV OTHER THAN BLDGS
166939
8/23/2011
4,344.25 KOHLS SWEEPING SERVICE
CONTRACT REPAIR & MAINTENANCE
166940
8/23/2011
215.40 KORNGIEBEL, JOHN
IMPROV OTHER THAN BLDGS
166941
8/23/2011
11,785.13 KRAEMER TRUCKING & EXCAVATING
IMPROV OTHER THAN BLDGS
166942
8/23/2011
222.09 L & P SUPPLY CO
OPERATING SUPPLIES
166943
8/23/2011
136.00 LEXISNEXIS
OTHER CONTRACTUAL
166944
8/23/2011
124.50 LEXISNEXIS
DRUG TESTING
166945
8/23/2011
763.29 LIFE INSURANCE COMPANY OF AMER
EMPL.HEALTH & INS. BENEFIT
166946
8/23/2011
510.00 LINDER BUS COMPANY
OTHER CONTRACTUAL
166947
8/23/2011
4,463.40 LOCATORS & SUPPLIES
SIGNS & STRIPPING MATERIALS
166948
8/23/2011
22,061.23 LOCHER BROTHERS INC
COST OF SALES -BEER
166949
8/23/2011
28,261.00 LOGIS
PROFESSIONAL SERVICES
166950
8/23/2011
3,775.26 M -R SIGN
SIGNS & STRIPPING MATERIALS
166951
8/23/2011
122.85 MAYTAG LAUNDRY & CAR WASH
PROFESSIONAL SERVICES
166952
8/23/2011
169.80 MCLEOD COOP POWER ASSN
UTILITIES
166953
8/23/2011
200.00 MCLEOD COUNTY AGRICULTURAL ASS
TRAVEL SCHOOL CONFERENCE
166954
8/23/2011
10.50 MCLEOD COUNTY TREASURER
166955
8/23/2011
496.00 MCLEOD COUNTY TREASURER
PLANNING & ZONING FEES
166956
8/23/2011
325.00 MCLEOD FOR TOMORROW
TRAVEL SCHOOL CONFERENCE
166957
8/23/2011
686.59 MENARDS HUTCHINSON
REPAIR & MAINTENANCE SUPPLIES
166958
8/23/2011
747.06 MIDWEST MACHINERY CO
CENTRAL GARAGE REPAIR
166959
8/23/2011
367.11 MINI BIFF
RENTALS
166960
8/23/2011
45.00 MINNEAPOLIS, CITY OF
OTHER CONTRACTUAL
166961
8/23/2011
100.00 MINNESOTA DEPT OF AGRICULTURE
DUES & SUBSCRIPTIONS
166962
8/23/2011
23.00 MINNESOTA DEPT OF HEALTH
LICENSES & TAXES
166963
8/23/2011
175.00 MINNESOTA LIBRARY ASSN
TRAVEL SCHOOL CONFERENCE
166964
8/23/2011
2,918.75 MINNESOTA MUNICIPAL UTILITIES
PROFESSIONAL SERVICES
166965
8/23/2011
400.00 MINNESOTA POLLUTION CONTROL AG
PERMITS
166966
8/23/2011
400.00 MINNESOTA POLLUTION CONTROL AG
PERMITS
�-
166967
8/23/2011
23.00 MINNESOTA POLLUTION CONTROL AG
LICENSES & TAXES
166968
166969
8/23/2011
8/23/2011
3,463.80 MINNESOTA VALLEY TESTING LAB
177.42 MOMAR, INCORPORATED
OTHER CONTRACTUAL
EQUIPMENT PARTS
166970
8/23/2011
125.00 NAGY, RICHARD
UNIFORMS & PERSONAL EQUIP
166971
8/23/2011
496.00 NCPERS LIFE INS.
ACCRUED LIFE INSURANCE
166972
8/23/2011
329.70 NORTH CENTRAL LABORATORIES
OPERATING SUPPLIES
166973
8/23/2011
514.64 NORTHERN STATES SUPPLY INC
EQUIPMENT PARTS
166974
8/23/2011
55.29 NU- TELECOM
COMMUNICATIONS
166975
8/23/2011
167.17 O'REILLY AUTO PARTS
CENTRAL GARAGE REPAIR
166976
8/23/2011
37.00 OFFICE OF ENTERPRISE TECHNOLOG
TELEPROCESSING EQUIP
166977
8/23/2011
31.00 ORTLOFF, ORLIN
PARK FEES
166978
8/23/2011
143.60 PALEN/KI M BALL LLC
EQUIPMENT PARTS
166979
8/23/2011
1,624.40 PAUSTIS & SONS WINE CO
COST OF SALES -WINE
166980
8/23/2011
10,095.68 PHILLIPS WINE & SPIRITS
COST OF SALES -WINE
166981
8/23/2011
37,007.75 PIONEERLAND LIBRARY SYSTEM
OTHER CONTRACTUAL
166982
8/23/2011
27,050.40 POLY - AMERICA, L.P.
RECEIVED NOT VOUCHERED
166983
8/23/2011
22.34 POSITIVE ID INC
DUE FROM UTILITIES
166984
8/23/2011
1,750.00 POSTMASTER
POSTAGE
166985
8/23/2011
75.00 PRESERVATION ALLIANCE OF MINNE
TRAVEL SCHOOL CONFERENCE
166986
8/23/2011
6,375.00 PRIEVE LANDSCAPING & LAWN CARE
LANDSCAPE MATERIALS
166987
8/23/2011
1,193.17 PROJECT LIFESAVER
OPERATING SUPPLIES
166988
8/23/2011
686.90 QUADE ELECTRIC
CONTRACT REPAIR & MAINTENANCE
166989
8/23/2011
8,648.80 QUALITY WINE & SPIRITS CO.
COST OF SALES- LIQUOR
166990
8/23/2011
134,076.54 R & R EXCAVATING
IMPROV OTHER THAN BLDGS
166991
8/23/2011
3,650.00 REBYL SPORTS, INC
FOOD PRODUCTS- CONCESSION
166992
8/23/2011
389.77 REFLECTIVE APPAREL FACTORY INC
SAFETY SUPPLIES
166993
8/23/2011
3,990.32 REINER ENTERPRISES, INC
FREIGHT - IN
166994
8/23/2011
91.20 ROCK STAR GOURMET INC
FOOD PRODUCTS- CONCESSION
166995
8/23/2011
6,858.38 ROYAL TIRE
RECEIVED NOTVOUCHERED
166996
8/23/2011
885.86 RUNNING'S SUPPLY
UNIFORMS & PERSONAL EQUIP
166997
8/23/2011
262.29 RUTLEDGE, LENNY
TRAVEL SCHOOL CONFERENCE
166998
8/23/2011
2,052.00 5 & S TREE SPECIALISTS
RECEIVED NOT VOUCHERED
166999
8/23/2011
1,486.17 SAM'S CLUB
FOOD PRODUCTS- CONCESSION
167000
8/23/2011
27,992.61 SCHMELING OIL CO
MOTOR FUELS & LUBRICANTS
167001
8/23/2011
11,081.14 SCHOOL DIST # 423
OTHER REVENUES
�7 167002
8/23/2011
64.20 SCOTTS WINDOW CLEANING SERVIC
CONTRACT REPAIR & MAINTENANCE
' j� /� 167003
8/23/2011
3,093.55 SEH
PROFESSIONAL SERVICES
167004
8/23/2011
10.69 SEWING BASKET
UNIFORMS & PERSONAL EQUIP
167005
8/23/2011
567.70 SHARE CORP
CHEMICALS & PRODUCTS
167006
8/23/2011
58.27 SHOPKO
OPERATING SUPPLIES
167007
8/23/2011
133.50 SIMPLEXGRINNELL LP
CONTRACT REPAIR & MAINTENANCE
167008
8/23/2011
149.00SKILLPATHSEMINARS
TRAVEL SCHOOL CONFERENCE
167009
8/23/2011
580.28 SOUTHERN WINE & SPIRITS OF MN
COST OF SALES- LIQUOR
167010
8/23/2011
2,380.16 SPRINT
COMMUNICATIONS
167011
8/23/2011
79.00 SPS COMMERCE
167012
8/23/2011
2,324.03 ST. CLOUD, CITY OF
167013
8/23/2011
375.00 ST. CROIX SENSORY, INC
RECEIVED NOT VOUCHERED
167014
8/23/2011
254.00 STAPLES ADVANTAGE
OPERATING SUPPLIES
167015
8/23/2011
62.55 STAR TRIBUNE
DUES & SUBSCRIPTIONS
167016
8/23/2011
112.68 STRATEGIC EQUIPMENT
OPERATING SUPPLIES
167017
8/23/2011
100.00 TELECKY, DAVE
UNIFORMS & PERSONAL EQUIP
167018
8/23/2011
1,915.46 THOMSON WEST
OPERATING SUPPLIES
167019
8/23/2011
1,005.00 TKO WINES
COST OF SALES -WINE
167020
8/23/2011
58.14 TOTAL FIRE PROTECTION
SAFETY SUPPLIES
167021
8/23/2011
484.60 TOWN & COUNTRY TIRE
CENTRAL GARAGE REPAIR
167022
8/23/2011
178.95 TRI COUNTY WATER
OPERATING SUPPLIES
167023
8/23/2011
5.00 TSCHIMPERLE, BRENDA
RECREATION ACTIVITY FEES
167024
8/23/2011
368.59 USA BLUE BOOK
CHEMICALS & PRODUCTS
167025
8/23/2011
29.76 VACEK, JACOB
UNIFORMS & PERSONAL EQUIP
167026
8/23/2011
10.93 VALLEY NATIONAL GASES LLC
RENTALS
167027
8/23/2011
69.95 VERTECH SOLUTIONS & SERVICES
CONTRACT REPAIR & MAINTENANCE
167028
8/23/2011
14,099.30 VIKING BEER
COST OF SALES -BEER
167029
8/23/2011
938.50 VIKING COCA COLA
COST OF MIX & SOFT DRINKS
167030
8/23/2011
1,053.25 VINOCOPIA INC
COST OF SALES- LIQUOR
167031
8/23/2011
1,920.91 WASTE MANAGEMENT OF WI -MN
REFUSE - RECYCLING
167032
8/23/2011
9,274.75 WASTE MANAGEMENT OF WI -MN
REFUSE - LANDFILL CHARGES
167033
8/23/2011
60.00 WELCOME NEIGHBOR
ADVERTISING
167034
8/23/2011
2,120.12 WEST CENTRAL INDUSTRIES JOBLIN
OPERATING SUPPLIES
167035
8/23/2011
605.70 WEST PUBLISHING PAYMENT CTR
OPERATING SUPPLIES
167036
8/23/2011
125.00 WICHTERMAN, KEN
SAFETYSUPPLIES
167037
8/23/2011
82.67 WINE COMPANY, THE
COST OF SALES -WINE
167038
8/23/2011
840.50 WINE MERCHANTS INC
167039
8/23/2011
8,897.57 WIRTZ BEVERAGE MINNESOTA
167040
8/23/2011
271.15 WM MUELLER & SONS
167041
8/23/2011
156,247.11 WM MUELLER & SONS
167042
8/23/2011
4,679.09 WM MUELLER & SONS
167043
8/23/2011
21,116.35 WM MUELLER & SONS
167044
8/23/2011
3,560.63 WORK CONNECTION, THE
167045
8/23/2011
19.23 WRIGHT, LEE
$1,116,721.65 Grand Total
Payment Instrument Totals
Check Total
1,116,721.65
Total Payments
1,116,721.65
COST OF SALES-WINE
FREIGHT
CONTRACT REPAIR & MAINTENANCE
IMPROV OTHER THAN BLDGS
CONTRACT REPAIR & MAINTENANCE
CONTRACT REPAIR & MAINTENANCE
OTHER CONTRACTUAL
OFFICE SUPPLIES
ELECTRONIC FUNDS TRANSFERS
8/23/2011
TAX
FUND
PAYABLETO
AMOUNT
FUEL
FIATS
MN DEPT OF REV
$989.48
SALES TAX
LIQUOR
MN DEPT OF REV
$58,689.00
USE TAX
PRCE CIVIC ARENA
MN DEPT OF REV
$1,547.00
SALES & USE TAX
WATER SEWER CREEKSII MN DEPT OF REV
$11,920.00
4 C +)
PAYROLL ELECTRONIC FUNDS TRANSFERS
PAYROLL DATE: 07/29/2011
Period Ending Date: 07/23/2011
$54,127.43 IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
$11,110.41 MN Department of Revenue
State Withholding Tax
$37,136.75 Public Employee Retirement Association
Employee /Employer PERA/DCP Contributions
$2,063.04 TASC
Employee Flex Spending Deductions
$5,152.28 TASC
Employee Contribution to Heath 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
$113,111.79 Total Electronic Funds Transfer
t, l'f)
r_
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Assessment Hearing & Project Award for 2011 Pavement Management Program Phase
2 Project (Letting No. 4/Project No. 11 -05)
DATE: August 23, 2011
Bids for the above referenced project were received on Thursday, July 14 h. The apparent low bid was very favorable
with a total construction cost amount about 11% lower than the final Engineer's Estimate. City staff will provide a brief
overview of the project scope, bids and associated special assessments prior to recommending the award of this project.
The final Assessment Roll and necessary Resolutions (bid amounts noted) to award this project are attached to this
memorandum.
We recommend approving the forthcoming Assessment Roll and Resolutions.
= Jeremy Carter —City Administrator
I LQ�)
RESOLUTION NO. 13911
RESOLUTION ADOPTING ASSESSMENT
ASSESSMENT ROLL NO. 5099
LETTING NO. 4/PROJECT NO. 11 -05
WHEREAS, pursuant to resolution and waiver of hearing the Council has met and reviewed the
proposed assessment for improvement of:
Roberts Street SW (McDonald Dr. to approximately 650 LF south), Jackson Street SW
(Roberts St. to McDonalds Dr), Bradford Street SE (Sherwood St. SE to approximately 350
LF southwest) and Linden Ave. SW /Sunset St. SW intersection by roadway
rehabilitation/reconstruction and utility infrastructure installations by construction of storm
sewer, drain tile, surface reclamation /removal, grading, aggregate base, select granular
borrow, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and
appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract
of land therein included is hereby found to be benefited by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period often (10)
years, the first of the installments to be payable on or before the first Monday in January, 2012 and shall bear
interest at the rate of percent per annum as set down by the adoption of this assessment resolution.
To the first installment shall be added interest on the entire assessment from November 1, 2011, until the 31 st
day of December 2012. To each subsequent installment when due, interest shall be added for one year on all
unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the assessment to
the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is
paid by the 15th day of November, 2011; and he may, at any time thereafter, pay to the City Finance
Department the entire amount of the assessment remaining unpaid, with interest accrued to the 31 st day of
December, of the year in which such payment is made. Such payment must be made before November 15, or
interest will be charged through December 31, of the next succeeding year.
4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and
paid over in the same manner as other municipal taxes.
Adopted by the Council this 23rd day of August 2011.
Mayor
City Administrator
� V)
RESOLUTION NO. 13912
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
LETTING NO.4/PROJECT NO. 11 -05
Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of:
Roberts Street SW (McDonald Dr. to approximately 650 LF south), Jackson Street SW
(Roberts St. to McDonalds Dr), Bradford Street SE (Sherwood St. SE to approximately 350 LF
southwest) and Linden Ave. SW /Sunset St. SW intersection by roadway
rehabilitation /reconstruction and utility infrastructure installations by construction of storm
sewer, drain tile, surface reclamation/removal, grading, aggregate base, select granular borrow,
concrete curb and gutter, bituminous base, bituminous surfacing, restoration and
appurtenances; and
bids were received, opened and tabulated according to law, and the following bids were received complying with
the advertisement:
Bidder Amount Bid
Wm Mueller & Sons Inc of Hamburg MN $326,301.75
Knife River Corporation of Sauk Rapids MN $346,359.15
Duininck Bros Inc of Prinsburg MN $359,298.10
and whereas, it appears that Wm Mueller & Sons Inc of Hamburg MN is the lowest responsible bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. The mayor and city administrator are hereby authorized and directed to enter into a contract with
Wm Mueller & Sons Inc of Hamburg MN in the amount of $326,301.75 in the name of the City of
Hutchinson, for the improvement contained herein, according to the plans and specifications therefor
approved by the City Council and on file in the office of the City Engineer.
2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made
with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be
retained until a contract has been signed, and the deposit of the successful bidder shall be retained until
satisfactory completion of the contract.
Adopted by the Hutchinson City Council this 23rd day of August 2011.
Mayor
City Administrator
�tp�
COMPILED By P VANDER VEEN
ASSESSMENT ROLL NO. 5099
LETTING NO.41PROJECTNO. 1145
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COST R :.
CDMPUTEDBY :PVANDERVEEN
$63.75
5111 REHABILITATION. FF
CHECKED By: K E.WFl2
1ST HEARING: 04113011
ADOPTED:
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2ND NEARING: ON212011
NUMBER
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24 Bradford St SE
Steven S Lai Williams
Lot 24, oak Park Second Addition
11280
11280
OW
$000
$ON
W.W
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361 South Share Cic P O Box 924
Wiine"MN 55395
2
0711629030120
23160 02K
14 Saudi SI SE
Gee" 5 Krai Docken
Lot 25. Oak P&A Second Adi
23000
13200
9600
$526750
55267.50
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14 Brial 51 SE
HNNlnson MN 51
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07 116 29 03 0630
211..Jul
In. Bradford at SE
Bnan L d Renee L Jaeger
Lot 46, Oak Palk Second Addition
6407
LOW
54.300.00
SL3W.0i
1l
10% Bradford St SE
Hate inaon MN 5950
4
07 116 29 03 Oil
230600470
1046 Bradford St SE
Leann M Hoffman
Lot 47. Oak Park Second Addition
6000
60.00
343W.W
34131
W.W
1045 Bradford St SE
Haddam. NN 553W
5
02116 W 09 0190
233620010
505 Jadson St S W
Diary Jerpane
Lot i EX E'I 67'. Block 1 McDonald e Sixth Addiron
in 23
94.23
0 00
50 00
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50.00
60.5 JeCkmn St SW
HNeherson MN 55360
6
0211630090207
233620020
515 Jackson 51507
Mandy M Fool
Lot 2 EX5'; 382'. Block 1. McDonald a Groh Addition
66.18
.18
53.5511.
53557.10
SO.W
515 Jackson St SW
Hutchinson MN 55307
7
02115 W 090210
23362 W30
525 Jackson 9607
Joshua 8 Jodi Kieaer
Los 3 6 S'ly 3.52' of Lo12, Block 1. McDonald a Sixth
Addition
77.00
/LW
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54.136.75
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525 Jackson 5t SW
Haddam. " 5950
8
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233620040
535 Jackson 5t 5W
Scat) J 6 JOneth, R Cancer
Lot 4, Block 1, McDonald a Sixth Addition
7000
7030
$3]62.50
$376207
50.M
-'
535 Jackson St SW
HNUinson MN 55360
9
0211630080230
23362 WW
515 Jackson St SW
Data R S Tammy L Fleck
Lot 5. Black 1. McDonald 3 Sixth Addition
731.
1016
53.933ad
$3,93143
fill
-
545 Jackson 9 507
Hutchinson MN 55307
10
02116]0090240
23.20050
555 Jackson at SW
Thomas 8 Jennifer Tramp
Lot 6. Block 1. McDonalda Sixth Addition
7400
7400
$3.911.50
$3,977.50
W.W
,M
555 Jackson St SW
HNUnnsan MN 55350
11
0211630 Ch, 0250
23362 W70
565 Jackson St $W
Roper d collateral Final
LM 7, Block McDonald' a Sixth Addition
13000
130.00
000
3000
$0.00
SOW
M.M
%a Jadson St SW
Hutchinson MN 5907
12
02 116 30 09 0260
233.20760
SW Jackson St SW
E al E 6 Stine E Paenon
to11 EX S46 Block 2. McDonald '5 Sixth Addition
4961
4964
$2,titi615
52.666.15
W.W
42ASLIS
500 Jackson 9 SW
Hutchinson MN 55356
13
0211630090261
233620090
502 Jackson $1 SW
Duncan R 6 Vhglnie McTavish
S ly Postal to Lot 1 EX S2'. Block 2, McDor ald'a Sixth
Addition
3024
30.24
$1,62560
41.62540
WW
W2 Jackson 9 SW
Hachenson MN 55350
14
0211630090262
23362 W95
604 Jackson 51 SW
Store of MirvMSca In Tma
S7 of Lot 1. Block 2. McDonald' a Sued Addition
200
1 2W
$107.50
$107.W
SOW
Jip
Ua Cindy Schultz, MCLeod C.LMy Addatoaffere er
8391 demotion As'e N, Gknw MN 55336
15
0211630090270
233520105
078 Jackson St SW
Kaar G Gave
N36 69 Lot 2, clock 2, McDonald' a Sum Addition
3559
35.89
$1,91834
$1918.34
WW
M
078 Jackson Bt SW
HulUhinson MN 553W
16
02 116 30 09 0271
233620107
610 Jackson St SW
Jefhey S Freer
La 2 EX N35 69' S 1 At' of Lot 3, Block 2, McDonald 'a
Sadie Addi
3573
3573
$1.92049
$1.82049
W.w
.
17381 Yacht Ave
Hutcherson MN 55353
17
0211630090280
233620110
520 Jackson Sl SW
Brandon W Dana Faint
Lot 3EX N1 APB EX S37. 15', Block 2, McDonald' a Sixth
Addition
3644
35H
$1901.90
5190190
50.00
'.
1418 Mc0anWd Or SW
Hutchinson MN 55]07
18
0211630090281
233620115
522 Jackson St SW
etandah 8 Dana Freer
537.1 T of Lot 3, Block 2. McDonald 's Sixth auction
1 37.15
1
3715
$19%81
$1.996.81
2900
vilem
1410 MaDonad Dr SW
Hutcersdn MN 553W
19
0211630080290
233620120
530 Jackson St SW
Join 4 Meanie R SChunk
Lot 4. Block 2 McDonald a Sixth Acadian
7000
7000
$376250
$3,762W
W.W
530 Jadson 9 BW
Hutchinson MN 553.
J I...U.' POLLS 1.115ffiI 'of. L4F116l dox1loleari 1 ROLLAt. La 11 -da "a"t rase 1 d3
1�
COMPILED BY: P VANDER VEEN
ASSESSMENT ROLL NO. 5099
LETTING NO. 41PROJECT NO. 11 -05
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T Pi F
COMPUTEDBY: PVANDERVEEN
$63.76
siRE6i RFRaeluranox -FF
CHECKED BY: K E %NER
1STHEARING: 0&142011
ADOPTED;
08/212011
MD HEARING: W2SR011
NUMBER OF YEARS
10
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540 Jackson 515W
G. Merom 6 Diane Mantes
Lot 5, Block 2 McDonald S S'ulh Addition
7000
7000
$3]62.50
$3,762.50
$0.00
60
Sao JeGam St SW
Hoodun.on MN 55350
21
02 116 30 09 0310
23]620160
550 Jackson St SW
Bennett $ Janel Menton
Lots. Bl0ck2 McDonald$ SLxln Addison
7000
]OW
$3,162.50
53,J62.50
WJOO
• °- - "'
560 Jackaon SI SW
HWdh,non MN 553M
22
1 02 116 30 09 0320
233520150
1 Sera Jackaon Sl SW
Romn Skappel
Lot], Block 2. MCCOnald 5 Byrd Addition
10.00
70 Do
53.]62.50
1 $3,761
Woo
560 Jackaon St SW
HNtllinaon MN 55350
23
02 116 3U Day Moo
233620160
510 Jai Sl SW
Notion b Bachand. Boettcher
Lot 8. Block 2. McDonald a 6latn AddlYon
8918
8918
5419343
$4]93.x3
$B00
510 Jackaon Sn SW
HWCnimmd MN 55350
24
02 116 30 11 0210
23 3800010
NO R00e1ta St SW
Marine L HveOe
LM 1. Block 1. Third Addition to Lakewood Tenace
110.00
11000
$5.912.50
$5,912.50
$0 DO
i
600 Robert SO SW
Hutchinson MN 55350
25
0211630110260
23380 W20
610 Roberts St SW
Dana Hammon
Lott Rook Tram Addition to Lakewood Terrace
8000
5000
54 ?00old
$430000
SO DO
Sakai
6m RoImM St SW
HNCnlnem MN 65350
26
0211630110290
233800030
620 ROtiede Sl SW
Nodded E d Hannan L Stancak
Lot 3. Block l Third Addhion to Lakewood Tanece
do 00
BO CO
H.30000
$(300.00
$0.00
620 Rode. St SW
Hutchimon MN 55350
27
0211630110300
2338050x0
630 Final 61 SW
DeWaym b Lois IngebMNn
Lot Block 1. Third Addnior. to Lakewood l mace
9500
9500
$5.10625
54106,25
$0.00
830 Regain m SW
Huldlinaon MN 553W
28
0211631]110310
23380 W50
640 cocain St SW
l hac dove 8 Lon FWb
Lot 5. Rock) l had Addition In Lakewood Terrace
9500
95M
$5.111625
$5,10625
$0.00
I fk""
Bad ROdens Sl SW
nounhinaM MN M350
29
02 116 30 11 0320
23 380 0050
650 Records 5t 5W
Pool "no.,
Let 6. Block 1. Third Addhion to Lakewood Tenace
95M
95.00
$510625
$5,100.25
SO. DO
1611'
650 Rokat St SW
Hu dhil MN 55350
30
02 116 3011 o33I1
23 380 W70
660 Raised. St SW
Stevan N 6 Gxfrt H Mabcek
Lot 1, Block L Third Adding, m Lakewood Tenace
8069
60.69
56.337.09
Sa,33] 09
$0.00
-
}
fi60 RocMs 51 SW
HNUlil . MN 55350
31
02 116 3011 034)
23 MO 0080
607 too eft St SW
Madan R KMI. 00 Dens Kehl
Lot 1 EX NE -1y 6080'. Block 2. Third Abortion to Lakewood
Tenece
4920
_
x9 20
S26AI an
$2,644.60
50.00
690 MiWaukee Ave SW
Huchinson MN 55350
32
021163011DUI
233800090
605 coal St SW
Kevin J Anderson $ Rome H Stanfield
_ _
NE'ly 60 K of Lot 1, Block 1, Third Addition to Lakewood
Tornado
6080
60.80
53,2611.)1
$3,268.00
SOW
-
605 Fromm St SW
Huichlneon MN M350
33
02116 30 11 W 50
23 MO O1 W
615 coming St SW
RaSen BemaN 8 THtany Haeg
Lot 2, Black 2. Third Addrtinn to Lakewood Tenece
90.00
90.00
$4.83] 50
$4.$3] 50
50.00
615 Rodent S1 SW
Hutchison MN 55350
34
0211630110360
233800110
625 Radom St SW
sudderly Si
Lot Block 2. Third Addhion to Lakewood Tenace
90.00
WDo
$4.83L.do
S4, 831.50
$000
625 ROtio1e St SW
HNGlinwn MN 5535)
35
0211630110310
233500120
635 Raised. Sl SW
Gerald e. Thad, POILn
Lot 4. Blak 2. Third Addison to Lakewood Tenace
woo
90..0
U8L7 do
$.83750
5000
IMPOW
635 Recent St SW
HNGlinsm MN 55350
35
02116 30 11 0360
23 MO 01M
505 Roder St SW
Jet" V 8 Mil L Schuler
Lot 5 Block 2. Third All to Lakewood Terrace
9000
90.00
H.837 50
1 $4,83] 50
$0.00
-
645 Notions St SW
Hutchinson MN 55350
31
0211630110390
233800140
655 ROCerdt 51550
L,nam, Carlson
lot 6. Block 2. Third Addition to Lakewood Terrace
13609
138 U9
51422.34
$7442.%
$0.00
855 Ravens By SW
Mutchimon MN 55350
4132,076.61
$0.00
. dioc loodi Polkanc1a W113R an de ..Lodegi PO1-agod3 LI llf a1.115- Gp]adI
C
City of Hutchinson
Public Works Department
Operations & Maintenance
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 234 -4219 Fax (320) 234 -6971
August 23, 2011
To: Honorable Mayor and City Council members
From: John Olson, Public Works Manager
Subject: July 1, 2011 Windstorm. Initial Response Report
The windstorm of July 1, 2011 resulted in staff working approximately three weeks to clean up
all of the debris and to address damaged trees.
Personnel from nearly all City departments were affected by efforts to clean up after the storm.
Initially, on the evening of July 1, personnel the Police Department, Fire Department, Public
Works, Parks and Hutchinson Utilities responded to clear roadways and address weather - related
emergencies.
Recovery work began in earnest after the 4f° of July holiday, continuing until July 22, when most
of the initial damage had been addressed. Crews were established to:
I ) Identify tree hazards and respond to property owners.
2) Clear hazardous conditions by pruning or removing damaged trees.
3) Chip brush, both from limbs that had blown down and from pruning/removal activities
4) Load and haul large brush piles to Creekside.
5) Street sweeping to remove small branches and leaves that could clog storm sewers.
6) Address trees located within parks in a priority manner.
The total cost of these efforts is estimated to be:
Equipment 963.5 hours
Personnel, benefits 1,167.5 hours
Grinding brush
Tree replacements, 31 ea.
Contract brush chipping/removal
Initial response costs
$38,181.53 Avg. rate = $39.63
$26,285.02 Avg. rate = $22.51
$21,000.00 Estimate 60 hrs @ $350/hr
$ 9,300.00 Estimate $300 ea.
$ 3.567.45 44.5 hrs @ $75/hr + tax
$98,334.00
Additional work is still necessary at some park properties. This work is being deferred until
conditions in the parks improve in order to minimize damage that could be caused by heavy
equipment.
0
Memorandum
TO: Mayor and City Council
FROM: Brenda K. Ewiman Resources Director
RE: Setting Date and Format for Annual City Recognition Event and Setting a
Public Meeting for the 2011 Annual City Recognition Event at the
Hutchinson Event Center— ITEM TABLED AT AUGUST 9, 2011 MEETING
DATE: August 18, 2011
The consideration for setting a date for the 2011 Annual Recognition Event was tabled
at the August 9, 2011, City Council meeting, to allow staff to determine if there is a
scheduling conflict on September 22 and to identify additional dates available at the
Event Center.
It has been determined that the McLeod for Tomorrow Transportation meeting
scheduled for September 22, should conclude by 4:00 p.m.
The Event Center is available for the Recognition Event on the following dates:
• Thursday, September 22
• Wednesday, September 28
• Wednesday, October 5
• Wednesday, October 12
• Thursday, October 13 (this date would require a quick turnover of the Great
Room)
It is requested that the Council set the date for the 2011 Annual City Recognition Event
from the list of available dates and set the time for the event from 5:30 to 9:00 p.m.
When the date is determined, the Council may wish to set the date and time as a public
meeting, as is customary.
The proposed format for the event is social time with beverage tickets (2) provided to
each attendee, dinner, and a short program to recognize employees and current and
retiring volunteer board members in attendance.
9 La
C
August 17, 2011
City of Hutchinson
Public Works Department
Operations & Maintenance
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 234 -4219 Fax(320)234-6971
To: Honorable Mayor and City Council members
From: John Olson, Public Works Manager
Subject: Runway/Taxiway Transverse Crack Repair Project
City Project: Letting No. 8/Project No. 11 -11
FAA AIP: 03 -27- 0042 -11 -11
State Project: 4304 -28
Please see the attached resolution. Based on the fact we know the grant application has been
reviewed by Mn/DOT Aeronautics, it is my recommendation that the City Council authorize
Steve Cook, Mayor and Jeremy Carter, City Administrator to serve as signatories on all project
grant documents when they are received by the City.
The intent of this authorization is to meet the Federal Aviation Administration's (FAA) initially
stated deadline of September 9, 2011 for grants to be signed and returned to them.
According to the latest update from airport engineers and Mn/DOT staff, the federal AIP grant
application has been reviewed by Mn/DOT Aeronautics and is now being processed at FAA's
Minneapolis office. FAA is back to work after being affected by a partial federal government
shut -down. Therefore, FAA staff is addressing a backlog of work and are processing grants as
quickly as possible.
It is likely the City will be notified of the grant award from Congressman Peterson's or from
Senators Franken/Klobuchar's staff before grant paperwork is delivered to the City.
The project contractor is familiar with airport grants, is aware of the grant's current status, and
realizes work is contingent upon receipt and execution of the grant by the City. Activities related
to this project are planned to continue as scheduled, because grant documents will likely be
received by the City prior to FAA's stated deadline.
Project costs: Project revenues:
Engineering $ 35,000 FAA Grant (95 %) $ 110,133
Construction S 80.93 City share (5 %) $ 5,797
$ 115,930 $ 115,930
R CCU
RESOLUTION NO. 13915
RESOLUTION ESTABLISHING SIGNATORIES FOR
2011 FEDERAL AVIATION ADMINISTRATION AND STATE OF MINNESOTA
AIRPORT IMPROVEMENT PROGRAM PROJECT GRANT
WHEREAS, the City of Hutchinson has identified a runway and taxiway transverse crack repair
project as an important project for runway /taxiway safety at its airport, Hutchinson Municipal
Airport —Butler Field, and;
WHEREAS, the project is identified by the following project designations:
Runway /Taxiway Transverse Crack Repair Project
City Project: Letting No. 8/Project No. 11-11, and;
WHEREAS, the City of Hutchinson has applied for a Federal Aviation Administration Airport
Improvement Program grant, and said grant application has been reviewed by the Minnesota
Department of Transportation — Aeronautics Division, and;
WHEREAS, the Hutchinson City Council has approved said project, contingent upon receipt of
an Airport Improvement Program grant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON:
That the City Council of the City of Hutchinson hereby establishes the following personnel to
serve as signatories on behalf of the City of Hutchinson for necessary grant- related documents
required to receive the Airport Improvement Program grant from the Federal Aviation
Administration and the State of Minnesota:
1. Steven Cook, Mayor
2. Jeremy Carter, City Administrator
Adopted by the City Council this _ day of , 20_.
Steven Cook
Mayor
ATTEST:
Jeremy Carter
City Administrator
qcC-)
C
Marc A. Sebora, City Attorney
Office of the City Attorney
M E M O R A N D U M
TO: Mayor Cook and City Council Members
FROM: Marc A. Sebora, City Attorney
DATE: August 18, 2011
SUBJECT: Local Sales Tax
111 Hassan Street SE
Hutchinson, MN 55350 -2522
320. 587- 5151/Fax 320 - 234 -4201
In its recent special session the Minnesota Legislature approved, by law, the Hutchinson sales
tax. In order to fully implement the law as approved by the Minnesota Legislature, the City
Council is required do two things:
1. Approve a resolution accepting the law as passed by the Legislature, and;
2. Enact an ordinance embodying the requirements of our local sales tax that can be placed
in our city code.
Therefore, please find for your consideration a resolution accepting the law enacted by the
Legislature approving the Hutchinson sales tax and an ordinance codifying the requirements of
our local sales tax to be placed in our city code. If the ordinance is satisfactory, I would ask that
you approve its first reading and set it on for a second reading and adoption at your September
13, 2011, City Council meeting.
Printed on recycled paper - 1 C5 W)
Resolution No. 13906
Resolution Approving Laws of Minnesota, 2011, Chapter 7
WHEREAS, Laws of Minnesota 2011, Chapter 7, entitled, "A Bill for an Act
Relating to the Financing of State and Local Government', which includes a provision for the
implementation of a sales tax for the City of Hutchinson, requires approval by a majority of the
City Council before it becomes effective,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA THAT:
Minnesota Laws 2011, Chapter 7, is hereby approved.
Adopted by the City Council on this 23`d day of August, 2011.
Steven W. Cook, Mayor
ATTEST:
Jeremy J. Carter, City Administrator
� �) Ga-)
ORDINANCE NO. 11 -0679
AN ORDINANCE IMPLEMENTING LOCAL SALES AND USE TAX AND MOTOR
VEHICLE EXCISE TAX
The CITY OF HUTCHINSON HEREBY ORDAINS:
TITLE X; CHAPTER 100
CHAPTER I. SALES AND USE TAX AND MOTOR VEHICLE EXCISE TAX
§100.01. Authority.
The Minnesota legislature has, by the laws of Minnesota for 2011, Chapter 7, Article 4,
Section 12, authorized the city to impose an additional sales and use tax, and a motor vehicle
excise tax within the city to provide revenues to pay certain costs related to the construction and
improvement of the city's water and wastewater facilities, including securing and paying debt
service on bonds. The city approved the act in accordance with applicable law.
§100.02. Definitions.
The words, terms and phrases used in this chapter shall have the meaning ascribed to
them in M.S.A. § 297A.01, except where the context clearly indicates otherwise. In addition, the
following definitions shall apply:
code.
Act means the laws of Minnesota for 2011, chapter 7, article 4, section 12, as amended.
Chapter means this chapter in its present form and as subsequently codified in the city
City means the City of Hutchinson.
Commissioner means the commissioner of revenue for the state acting under the
authority of an agreement entered into between the city and the state pursuant to the act, or such
other person or entity designated to administer and collect the city's sales and use tax.
Motor vehicle has the meaning given to it by M.S.A. § 29713.01, subdivision I 1 but only
to the extent the motor vehicle is required to be registered for road use.
Motor vehicle excise tax means the twenty dollars ($20.00) per vehicle tax imposed and
collected pursuant to this chapter.
Retailer maintaining a place of business in the city or any like term means any retailer
having or maintaining within the city, directly or by a subsidiary, an office, place of distribution,
sales or sample room or place, warehouse or other place of business, or having any
representative, agent, sales person, canvasser or solicitor operating in the city under the authority
of the retailer or its subsidiary, for any purpose, including the repairing, selling, delivering,
installing, or soliciting of orders of the retailer's goods or services, or the leasing of tangible
personal property located in the city, whether the place of business or agent, representative, sales
person, canvasser, transient merchant, peddler, or solicitor, is located in the city permanently or
temporarily, or whether or not the retailer or subsidiary is authorized to do business within the
city. ©A4 1
Hutchinson sales and use tax means the sales and use tax imposed and collected
pursuant to this chapter.
§100.03. Sales and use tax.
Except as otherwise provided in this article there is hereby imposed an additional sales tax in the
amount of one -half of one percent on the gross receipts from the sales at retail, and the storage,
use, distribution or consumption of goods or services which are taxable, pursuant to M.S.A. Ch.
297A and occur within the city. The imposition, administration, collection and enforcement of
this tax shall be governed by the provisions of M.S.A. § 297A.
§100.04. Separate statement; collection from purchaser; advertising no tax; minimum
uniform tax collection methods.
The city's sales and use tax shall be stated and charged separately from the sales price or
charge for service insofar as practical, and should be a debt from the purchaser to the seller
recoverable at law in the same manner as other debts. In computing the tax to be collected as a
result of any transaction, any amount of tax less than one -half ( 1/2) of one (1) cent may be
disregarded and amounts of tax one -half ( 1/2) cent or more may be considered an additional
cent. If the sales price of any sale at retail is ninety-nine (99) cents or less, no tax shall be
collected.
§100.05. Exemption certificates.
An exemption certificate taken in good faith from a purchaser to the effect that the property
purchased is for resale or that the sale is otherwise exempt from the application of the tax
imposed by this article will conclusively relieve the retailer from collecting and remitting the tax.
A person who has obtained from the commissioner an exemption certificate pursuant to M.S.A. §
297A.72 may use such exemption certificate for the purposes of the sales tax imposed by the
city.
§100.06. Presumption of purpose of sale.
For the purpose of the proper administration and enforcement of section 100.03 above, it
shall be presumed that all retail sales for delivery in the city are for storage, use, or other
consumption in the city until the contrary is established.
§100.07. Collection of sales and use tax at time of sale.
(a) Any retailer making deliveries within the city, any retailer maintaining a place of
business in the city, or any other retailer otherwise doing business within the city, upon making
sales or any items described in section 100.03, above, which are not exempted from the sales tax
imposed under that section and which are to be delivered or caused to be delivered within the
city to the purchaser, shall at the time of making such sales collect the sales and use tax from the
purchaser. The tax collected by such retailer shall be remitted to the commissioner on behalf of
the city.
(b) Any retailer required to collect the city's sales and use tax and remit such tax to the
commissioner pursuant to this section shall register with the commissioner and provide such
other information as the commissioner may require.
§100.08. Agent of retailer.
When, in the opinion of the commissioner, it is necessary for the efficient administration
of the tax, the commissioner may regard any salesman, representative, trucker, peddler, transient
merchant, solicitor, or canvasser as the agent of the dealer, distributor, supervisor, employer or
other person under whom such salesman, representative, trucker, peddler transient merchant,
solicitor, or canvasser operated or from whom the tangible property is being sold is obtained, and
may regard the dealer, distributor, supervisor, employer or other person as a retailer for the
purposes of this article.
§100.09. Motor vehicle excise tax.
There is hereby imposed an additional excise tax in the amount of twenty dollars ($20.00)
per vehicle on the sale of new and used motor vehicles as defined in this chapter by any person
engaged within the city in the business of selling motor vehicles at retail. The excise tax shall be
stated and charged separately and collected by the retailer and remitted monthly to the city clerk.
Each retail seller of motor vehicles shall complete and submit with each monthly payment of the
excise tax such forms as may be required by the city clerk. Except to the extent that they may be
inconsistent herewith, all provisions of this article shall also apply to the motor vehicle excise
tax. The motor vehicle excise tax collected each month by a retail seller of vehicles shall be
remitted to the city clerk on or before the fifteenth day of the following month.
§100.10. Effective date; transitional sales.
Except as otherwise provided in this article, the city's sales and use tax authorized by this
article shall apply to sales made on or after January 1, 2012, and shall be in addition to all other
taxes now in effect. The city's sales and use tax shall not apply to the following:
(1) The gross receipts from retail sales or leases of tangible personal property made
pursuant to a bona fide written contract which unconditionally vests the rights and
obligations of the parties thereto, provided that such contracts were enforceable prior to
January 1, 2012, and that delivery of the tangible personal property subject thereto is
made on or before February 28, 2012.
(2) The gross receipts from retail sales made pursuant to bona fide lump sum or fixed
price construction contract which unconditionally vests the rights and obligations of the
parties thereto and which does not make provision for allocation of future taxes, provided
that such contract was enforceable prior to January 1, 2012, and the delivery of the
tangible personal property used in performing such construction contract is made before
January 1, 2012.
(3) Payments made prior to January 1, 2012, for contracts to provide taxable services,
provided that such contracts were enforceable prior to January 1, 2012, however, the
city's sales and use tax shall apply to payments made pursuant to such contracts to
provide services on and after February 1, 2012.
(4) Utility bills that include charges for services for any date before January 1, 2012,
however, the city's sales and use tax shall apply to all utility bills for services provided
after January 1, 2012.
§100.11. Collection and enforcement.
©��
The city's sales and use tax imposed by the city pursuant to this article shall be subject to
the same interests, penalties, and other rules as are applicable to the state general sales and use
tax imposed by M.S.A. Ch. 289A and Ch. 297A. The city's sales and use tax imposed by the city
pursuant to this article may be collected by the state on behalf of the city as provided by an
appropriate agreement with the state commissioner of revenue.
§100.12. Tax clearance issuance of licenses.
(a) The city may not issue or renew a license for the conduct of a trade or business in the
city if the commissioner notifies the city that the applicant for such license owes delinquent city
sales and use taxes as provided in this article, or penalties or interest due on such taxes. For the
purposes of this article, the following terms have the following meanings:
(1) "City sales and use taxes" include sales and use tax as provided in this article.
Penalties and interest are penalties and interest due on taxes included in this
definition.
(2) "Delinquent taxes" do not include a tax liability if:
a. In administrative or court action which contests the amount of validity
or the liability has been filed or served;
b. The appeal period to contest tax liability has not expired; or
c. The applicant has entered into a payment agreement and is current
with the payments.
(3) Applicant means an individual if the license is issued to or in the name of an
individual, or the corporation, partnership, or other entity if the license is issued to
or in the name of a corporation, partnership or other entity.
(b) A copy of the notice of delinquent taxes given to the city shall also be sent to the
applicant taxpayer. In the case of renewal of a license, if the applicant requests a hearing in
writing within thirty (30) days of the receipt of the notice of delinquent taxes, then a contested
case hearing shall be held by the commissioner under the same procedures as provided in M.S.A
§ 270.72 for the state sales and use tax imposed under M.S.A. Ch. 297A, provided that if a
hearing must be held on the state sales and use tax, hearings may be combined.
Adopted by the City Council this 130' day of September, 2011.
ATTEST:
Mayor Steven W. Cook Jeremy J. Carter, City Administrator
I N92)
MINUTES
Parks, Recreation & Community Education Advisory Board
June 6, 2011
Members present were Jim Waldron, Elizabeth Hanninen, Byron Bettenhausen, Jay
Bartholomew, John Rodeberg, Mike Retterath and Mary Christensen. Also present were Dolf
Moon, and Karen McKay.
The meeting was called to order at 5:15 pm.
A motion was made by John Rodeberg and seconded by Mary Christensen to approve the
minutes dated April 4, 2011. The board unanimously agreed.
OLD BUSINESS
Registration - The early summer program registration in May was successful. Youth program
registration remains strong. Dolf thanked PRCE Advisory Board members for helping with the
process.
Pool Umbrellas - The Chamber /Leadership group solicited donations and purchased three large
umbrellas costing $5,000 each for the pool deck area. McCormick's Restaurant, Genesis Salon
and Hutch Bowl /Squeaky's Grill are the sponsors.
VMF Upgrades - Phase one is complete. The retaining wall is in, the fence is moved and
renovation of the restrooms, concessions and press box are done. The costs have totaled $32,000
and could cost up to $13,000 additional to redo the other retaining wall and concession stand.
The Huskies have contributed $7,000 with another $7,500 coming.
NEW BUSINESS
Church Purchase -.The City is contemplating the purchase of the church adjacent to City Center.
The building would be acquired to preserve its heritage. The maintenance of the building would
typically be the responsibility of the Parks Department. The Railroad Club may be an interested
tenant. Historic Hutch is investigating what is all involved. The Harrington/Merrill House is a
10 -15 year project.
Public Art - Dolf has attended meetings regarding the proposed "River Horse" sculpture slated
for Girl Scout Park south of the Crow River Dam. There is a 30 day comment period. The
community has been weighing in on the subject. The Arts Commission applied for legacy
money, but did not submit a grant application. They are reviewing the process.
Comp Plan - There was little attendance at the public meeting regarding the comprehensive plan.
The City would like to get more people involved to evaluate the areas vital to the community
such as schools and parks.
I � LO-)
MINUTES
PRCE Advisory Board
June 6, 2011
Page two
Summer Projects - Phase one of the 3M planting is complete. Phase two includes 40 more tree
plantings in the VMF corner. Plant materials will go in at the Hutch Utilities berm on Hwy. 7.
Roberts Park shelter has been removed and will not be replaced. A 12 foot buffer with plant
materials will be developed in Cedar Park, located on the north end of Franklin Street near the
School District Office. Phase two of the VMF Field renovation will be done in the fall.
RiverSong is paying for materials and providing labor for the installation of a permanent stage in
Masonic /West River Park near the shelter. Lighting will installed in the skate park and in the
underpass under School Road Bridge. Fencing will be installed in the second ballfield at
Northwoods. Work will be done on the school ball fields near ECFE this fall. Portable fences
will be replaced on eight fields; four at Roberts and four at Linden. Elks Park playground
equipment that was installed in'87 needs to be replaced. The cost could be approximately
$45,000.
July Meeting — Due to the Fourth of July holiday, there will be a tour of park projects for board
members in July rather than a regular meeting.
BOARD MEMBER ITEMS
Mary Christensen had resident inquiries regarding the water retention pond in Rolling Meadows
Park. Mary questioned why the shelter in Women's Park was removed. Dolf said it was
constructed of elm wood which became twisted.
ADJOURNMENT
The meeting was adjourned at 6:05 pm by a motion made by John Rodeberg and seconded by
Byron Bettenhausen. The Board unanimously agreed.
I 1 L)
Weed Notices
Monthly Report
July 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
15
Number of properties cleared by City order
10
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
Home State Bank
745
Hwy 7
W
1810 E Hwy 12
38.117 -30-09 -0030
Willmar, MN 58201
Daoois Partnership
1025
Dale St
SW
55235 Co Rd 38
12 -11 &30.030280
Buffalo Lake, MN 55314
Maria Elena Roes De 8arragan
791
California St
NW
30411th Ave
36-117- 30-08 -0310
Worthirgton, MN 58187
Michael W Saxton
1178
Blackhawk Dr
SW
7300 Who Blvd 0380
12 -11 6-30-08 -0030
Minneapolis, MN 55439
Christopher Wier
805
Lynn Rd
SW
005 Lynn Rd SW
08-11 6-29.12 -0500
Hutchinson, MN 55350
David L Jensen
587
Franklin St
SW
507 Franklin St SW
0 &11 6-29.11 -0080
Hutchinson, MN 55350
Sheldon W Stoll
834 Church St SW
834
Church St
SW
Hutchinson, MN 55350
01 -11 8-30-18 -0780
Elmer Bonds
218
Grove St
SW
218 Grove St SW
0 8-118.29- 040520
Hutchinson, MN 55350
Patricia Kohn
940
Jefferson St
BE
940 Jefferson St BE
08-11 6-29.15 -0220
Hutchlnam MN 55350
� (b)
) � 06)
Brian 0 8 Stacey Gilbert
1347
Jefferson St
SE
1347 Jefferson St SE
07- 118.29-08 -0030
Hutchinson, MN 55350
Christopher Mwkgraf
504
Erie St
SE
504 Erb St SE
06- 118.29 -07 -0890
Hutchinson, MN 55350
Johnny Rhrero
712
Lynn Rd
SW
712 Lynn Rd SW
01- 118-30 -09 -0750
Hutchinson, MN 55350
Matthew Bassler
Katherine Bassier
01.118 -30-08 -1080
508
Lynn Rd
SW
508 Lynn Rd SW
Hufchinson, MN 55350
Stephen E Lee
1005
Maple St
NE
one East Washington St, Suits 1900
31- 117 -29-01 -0070
Phoenix, AZ 85004 -2554
Paul d Rosemarie Bolduc
185 5th Ave NW
185
5th Ave
NW
Hutchinson, MN 55350
31- 117 -29.12 -0021
) � 06)
RA
Hutchinson Housing &
Redevelopment Authority
Regular Board Meeting Tuesday, June 21, 2011, 7:00 AM
Minutes
1. CALL TO ORDER: Chairman Becky Felling called the meeting to order. Members Present: Bill
Amdt, LaVonne Hansen, and LouAnn Holmquist. Staff Present: Jean Ward and Judy Flemming.
2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON MAY 17, 201 1
LaVonne Hansen moved to approve the Minutes of the regular board meeting as written. Bill Arndt
seconded and the motion carried unanimously.
3. FINANCIAL REPORTS
a. - b. LaVonne Hansen moved to approve the City Center General Fund payments for checks 7853 to
7879 for $41,684.61 and consideration of City Center May 2011 City Center Financial
Statements and the Park Towers payments of $60,541.33 for checks 11580 to 11614 and
consideration of Park Towers April 2011 Year End Financial Statements. Bill Arndt seconded
and the motion carried unanimously.
C. 2010 HRA Audit Presentation by Mark Babcock, LouAnn Holmquist moved to approve the
2010 HRA Audit. Bill Arndt seconded and the motion carried unanimously.
4. Update on 755 Milwaukee: Diane Sorensen
There have been five showing of the house. Homes priced under $100,000 are selling the most.
Currently there are fewer homes on the market than in the past with 140 homes on the market. In
2010 two new construction homes sold. New homes with 3 bedrooms on the main level are priced in
the $130,000's. Homebuyers prefer buying homes in existing neighborhoods.
PARK TOWERS UPDATE
Jean Ward reviewed with the Board the following items:
a. Update on Improvements: all exhaust fans on the roof were replaced with beltless motors and also
a new energy efficient A/C unit was installed in the library. The next improvement is to update
the landscaping.
b. Occupancy Update: Currently there is one vacant apartment, which is meeting the 99% occupancy
goal.
c. Bill Arndt moved to approve Resolution 411 -06 to Write Off Balance of Uncollectable Park
Towers Vacated Tenant Account. LaVonne Hansen seconded and the motion carried
unanimously.
d. LaVonne Hansen moved to set the Public Hearing for Annual Plan and 2011 CFP Project for
September 20th. LouAnn Holmquist seconded and the motion carried unanimously.
e. As part of the Housing with Services Registration Application Jean has been working with
ConnectCare on a Uniform Consumer Information Guide, so applicants can compare
establishments. Bill Arndt moved to approve the Park Towers Housing with Services Registration
Application for 2011-2012. LouAnn Holmquist seconded and the motion carried unanimously.
6. REVIEW OF DRAFT DISASTER PLAN
Jean Ward reviewed with the Board the draft disaster plan. The procurement policy small purchase
limit will be temporarily increased in a disaster from $5,000 to $50,000, so that issues can be
June 21, 201 t Minutes
Page 1 oft t✓
addressed right away. Jean had Fire Chief, Brad Emans and Police Chief, Dan Hatten reviewed the
plan and the draft has incorporated their recommendations.
SCDP PROJECT UPDATE
Jean Ward told the Board that there will be a Community Meeting, Wednesday June 29'h in the
Council Chamber for citizens to learn more about HRA Rehab programs.
S. Jean reviewed with the Board the budget to move a house from 326 Franklin Street to 400 Lynn Road.
After discussion it was decided not to accept the donation of the house, because the moving/rehab
costs would be greater that what the house could be sold for.
9. UPDATE ON 400 LYNN ROAD
Jean Ward updated the Board on what was happening at 400 Lynn Road, The Hazard
testing/inspection contract has been signed and are waiting for the test and results. Jean also reviewed
with the Board a drab new construction home budget. MHFA granted an extension of the CRV funds
for the new construction project. LaVonne Hansen moved to move forward with the new construction
project at 400 Lynn Road. LouAnn Holmquist seconded and the motion carried unanimously.
10. UPDATE ON 630 PARK ISLAND
The closing is scheduled for the end of the month.
11. ESTIMATED PROCEEDS FOR 925 STEVEN STREET
Jean is estimating that no value gap will be needed for this project.
12. 2012 City Center Budget Update
There are no parameters available yet from the City.
13. OTHER - FYI
a. 2011 Foreclosure Update
b. Planning agenda
c. MHFA CASA application approval
d. Jean will be working on the HRA's Retention Plan and the Disaster Plan.
10. ADJOURNMENT
Bill Arndt moved for adjournment and LouAnn Holmquist seconded. There being no other business,
Chairman Becky Felling declared the meeting adjourned.
Recorded by Jean Ward, HRA Executive Director
LaVonne Hansen, Secretary/Treasurer
June 21, 2011 Minutes Pagc 2 of 2
v II&�)
f i RA
Hutchinson Houslrq R
Redevelopment Authority
Regular Board Meeting Tuesday, July 19, 2011, 7:00 AM
Minutes
1, CALL TO ORDER: Chairman Becky Felling called the meeting to order. Members Present: Joel
Kraft, and LouAnn Holmquist. Staff Present: Jean Ward and Judy Flemming.
2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON JUNE 21, 201 1
LouMn Holmquist moved to approve the Minutes of the regular board meeting as written. Joel Kraft
seconded and the motion carried unanimously.
3. FINANCIAL REPORTS
a. Joel Kraft moved to approve the City Center General Fund payments for checks 7880 to 7906 for
$134,278.19 and consideration of City Center June 2011 City Center Financial Statements.
LouAnn Holmquist seconded and the motion carried unanimously.
b. LouAnn Holmquist moved to approve the Park lowers payments of $50,227.84 for checks 11615
to 11644 and consideration of Park Towers May 2011 Year End Financial Statements. Joel Kraft
seconded and the motion carried unanimously.
4. PARK TOWERS UPDATE
a. Jean Ward reviewed with the Board the upcoming improvement projects. Parking lot
impruvements final payment, exhaust fan/library A/C completed and two quotes solicited for
Landscaping Project -total project will be greater than $25,000. Another project that will be over
$25,000 is to update the carpet in the community room, corridors (3`d to 7d') and the tilt in the
front entry. LouAnn Holmquist moved to approve the above mentions projects. Joel Kraft
seconded and the motion carried unanimously.
b. Occupancy Update - FYI
5. CONSIDERATION OF RESOLUTION # 11 -07 HOUSING & REDEVELPMENT AUTHORITY
OF HUTCHINSON, MN TO ADOPT DISASTER PLAN AND EMERGENCY PREPAREDNESS
PROCEDURES
Joel Kraft moved to approve Resolution #11 -7 Housing & Redevelopment Authority of Hutchinson,
MN to Adopt Disaster Plan and Emergency Preparedness Procedures. LouAnn Holmquist seconded
and the motion carried unanimously.
6. SCDP PROJECT UPDATE
Judy Flemming updated the Board on the number of applicants on the waiting list. More applicants
are still needed.
UPDATE ON 400 LYNN ROAD
a. The Board approved the MOU with the School District for replacing the house on 400 Lynn Road
with a newly constructed house.
b. The asbestos inspection was completed. Abatement is needed for the asbestos found in the east
porch linoleum and in a I inear foot of thermal system insulation (paper on pipe) in the basement.
Removal of this asbestos will be $1,100 and to stabilize the lead based paint on the exterior of the
house will be $650.
July 19, 2011 Minutes � Page I of
8. UPDATE ON 630 PARK ISLAND
Jean Ward updated the Board on the progress of the renovations at 630 Park Island.
9. UPDATE ON 755 MILWAUKEE AVE SW - LISTING NOW WITH DIANE SORENSEN AT
HOMETOWN REALTY FOR $109,900.
Jean Ward told the Board that Diane Sorensen moved from ColdwelI Banker Advantage to Hometown
Realty and with the move the purchase price was adjusted to $109,900.
10. 2012 City Center Budget Update
Jean Ward did get the parameters from the City Administrator but still waiting on the telephone and
computer upkeep numbers. This draft does show a slight increase in the HRA tax levy but not even
close to the levy maximum limit.
11. OTHER - FYI
a. 2011 Foreclosure Update — Actual Sheriff's sales number through June 30, 2011
There have been 38 Sheriff Sales as of June 30". Keeping at this pace there will be increase in
foreclosures from last year.
12. CONSIDERATION OF ACC AMENDMENT FOR 2011 CFP GRANT OF $99,962.00,2011 CFP
ANNUAL STATEMENT AND CIVIL RIGHTS CERTIFICATION /BOARD RESOLUTION #11 -08.
Joel Kraft moved to approve the ACC Amendment for 2011 CFP Grant of $99,962.00, 2011 CFP
Annual Statement and Civil Right Certification/Board Resolution #11 -08. LouAnn Holmquist
seconded and the motion carried unanimously.
13. MHFA CRV Funds Update
CRV funds were requested from MHFA for 400 Lynn Road's new construction interim financing;
acquisition/rehab value gap for the foreclosure program; owner- occupied rehab deferred funds for
SCDP owner matches; and for additional funds to do more Discount Energy CFUF Write Down loans.
14. ADJOURNMENT
There being no other business, Chairman Becky Felling declared the meeting adjourned.
Recorded by Jean Ward, HRA Executive Director
LaVonne Hansen, Secretary/Treasurer
July 19, 2011 Minutes Pale 2 of
� 1 i(�
MINUTES
HUTCHINSON AREA JOINT PLANNING BOARD
Wednesday, June 15, 2011
Hutchinson City Council Chambers
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Vice Chairman Bill Arndt at 5:35 p.m. with the following
members present: Lary Karg, Grant Knutson, Garrett Luthens and Vice Chairman Arndt. Absent:
Chairman Jim Lauer and Tom Wirt Also present: Larry Gasow, McLeod County Zoning
Administrator, Dan Jochum, City Planning Director, Marc Telecky, McLeod County Assistant Zoning
Administrator and Bonnie Baumetz, Planning Coordinator
2. APPROVAL OF MINUTES
a) Consideration of Minutes dated March 16, 2011.
Mr. Knutson made a motion to approve the minutes of March 16, 2011, with corrections to the
attendance. Seconded by Mr. Luthens the motion carried unanimously.
3. PUBLIC HEARINGS
a) CONSIDERATION OF A FIVE LOT PRELIMINARY PLAT OF GIRARD'S ADDITION LOCATED
IN SECTION 26, ACOMA TOWNSHIP, SUBMITTED BY SARA GIRARD
Vice Chairman Arndt opened the hearing at 5:36 p.m. with the reading of publication #7882
published in the Hutchinson Leader on Wednesday, June 1, 2011.
Mr. Telecky explained the request is for a 5 lot preliminary plat to be known as Girard's Addition
located in Section 26, Acoma Township. He distributed the revised plat noting the elevation
changes. He commented on the existing zoning as Agricultural and Shoreland. There is an
existing rural building site on the property. The land slopes to Campbell Lake. He commented
on the following criteria for higher density development on difficult to farm land: In order to
reduce the pressure for non -farm development on prime agricultural land, development of
single- family non -farm dwellings shall be permitted through the platting process at a higher
density on parcels that are considered difficult to farm. A tract of land may be considered difficult
to farm if it has one or more of the following characteristics:
• Small size or irregular shape
• Physical isolation from other farm fields by roads, steep hills, ditches or similar features.
• Wooded, as defined herein.
• Containing steep slopes, wetlands, or other environmentally sensitive features.
That portion of a parcel that meets the criteria above may be subdivided into dwelling lots
meeting the lot size and dimensional standards of Subdivision 4 above and the following
requirements:
1. Maximum density shall be 8 units per Quarter - Quarter Section (approx. 40 acres).
Permitted density may not be transferred from one Quarter - Quarter Section to another.
2. Each lot must contain adequate buildable area for construction of a house, well, and
septic system meeting State and County requirements, including sufficient area for an
alternate septic system site.
I � w)
Minutes
Joint Planning Board — June 15, 2011
Pegs 2
The applicant must demonstrate to the satisfaction of the Joint Planning Board and
McLeod County Board of Commissioners that lots are clustered in wooded areas or non-
productive soils in order to minimize visual and physical intrusions into agricultural land
and to respond sensitively to the environmental features of each site.
If lots are accessed by a new road, the road shall be constructed to County standards
and must be accepted by the Township.
All new residential lots shall be platted according to the Subdivision Ordinance.
3.
4.
5.
Mr. Telecky explained the 1069' elevation and below, to the lake, satisfies as the wetland
delineation according to the County Environmentalist. He stated the wetland does not affect
where houses can be built on the majority of the lots. Lot 5 is the only lot affected by the 1069'
elevation. Discussion followed on the lots not affected by the wetland decision. Setbacks will
also determine buildable area.
Dean Sabacky, 20957 Skyview Ave., asked about the lots to be sold. He noted concern about
the development and if there will be covenants. Mr. Girard stated he will consider covenants.
Mr. Karg commented on three points: 1.The possibility of shared driveways, 27he potential of
drainage problems, and 3.The SSD districts. His concern is that it is hard to keep track of the
SSD Districts. He would like to have recorded documents for the plat indicating the properties
share the cost of Koglin Rd.
Mr. Telecky read two letters of concern from Mr. Huebert and the Gruenhagens rIarding
drainage and annexation. He commented on the natural drainage away from 205 Drive.
Al Koglin, 20075 — 205'" Drive, explained Lots 1 and 2 drain to the ditch on 205'" Drive. Lots 3,
4 and 5 will drain down the swale and to 205"' Drive. Discussion followed on where the water
flows.
Mr. Telecky commented on shared driveways and driveway criteria. There was discussion
regarding shared driveways. Mr. Telecky explained some townships must approve driveways.
He stated Acorns Township should work with the homeowner on driveway placement.
The Gruenhagens letter stated they do not want to be annexed to the City.
Discussion followed on recording of SSD districts. Property owners must petition to have their
road in the SSD District. The SSD District is recorded per each property and it must be recorded
on the deed and abstract. Mr. Telecky stated they cannot condition the plat. Mr. Telecky stated
he will look for the SSD document number.
Mr. Telecky stated if the plat were approved, staff would offer the following recommendations:
1) Wetland boundary is established at 1069'. This will alleviate the need for wetland
delineation.
2) Applicant shall apply for the final plat within 6 months of preliminary plat approval by
McLeod County Board of Commissioners.
Mr. Knutson moved to close the hearing. Seconded by Mr. Luthens. The hearing closed at 6:11
p.m. Mr. Luthens made a motion to approve the request with staff recommendations. Seconded
by Mr. Karg, the motion carried unanimously. Mr. Telecky stated this item would be forwarded
to the County Board and placed on their regular agenda July 5, 2011.
4. NEW BUSINESS ` ` I p)
Minutes
Joint Planning Board - June 15, 2011
Page 3
5. OLD BUSINESS
6. COMMUNICATION FROM STAFF
a) COMPREHENSIVE PLAN UPDATE
Mr. Jochum gave an update on the progress of the Comprehensive Plan review. He explained
there was a public meeting on May 25, 2011, and he summarized the exercise completed by the
participants. He stated there will be another Steering Committee meeting on June 21".
7. ADJOURNMENT
There being no further business motion by Mr. Knutson moved to adjourn, seconded by Mr.
Luthens, the meeting adjourned at 6:15p.m.
ti \ L�)
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, June 21, 2011
Hutchinson City Council Chambers
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members
present: Chad Czmowski, Dean Kirchoff, Jim Fahey, Dave Johnston and Chairman Lofdahl.
Absent: Christie Rock and Chris Kovacic Also present: Dan Jochum, Planning Director, Marc
Sebora, City Attorney, Kent Exner, City Engineer and Bonnie Baumetz, Planning Coordinator
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
a) Consideration of Minutes dated May 17, 2011
Mr. Kirchoff moved to approve the consent agenda as submitted. Seconded by Mr. Johnston,
the consent agenda was approved unanimously.
4. PUBLIC HEARINGS
a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY SCOTT BAKEBERG,
VILLAGE RANCH INC., COKATO MN, TO ALLOW A 10 BED RESIDENTIAL BOYS GROUP
HOME LOCATED AT 851 DALE STREET SW
Chairman Lofdahl opened the hearing at 5:32 p.m. with the reading of publication #7883 as
published in the Hutchinson Leader on Wednesday, June 8, 2011.
Mr. Jochum commented on the request and explained that a conditional use permit is required
to allow a group home of more than 6 persons. The request is to expand the Village Ranch
located in Cokato to provide transitional placement for 10 adolescent males. He stated the R -3
district conditionally permits state licensed residential facilities serving from seven through 16
persons. The house will be staffed 24 hours and the residents will be supervised at all times.
There will be minimal traffic on the premises. Staff recommends approval of the request and in
reviewing the conditional use permit, the Commission shall consider if the request meets the
following standards:
(a) The proposed building or use at the particular location requested is necessary or
desirable to provide a service or a facility which is in the interest of the public
convenience and will contribute to the general welfare of the neighborhood or
community;
(b) The proposed building or use will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, utility facilities
and other matters affecting the public health, safety and general welfare; and
(c) The proposed building or use will be designed, arranged and operated so as to permit
the development and use of neighboring property in accordance with the applicable
district regulations.
Mr. Jochum stated the lot is in the R -3 zoning district and approximately 2 acres in size. He
reported staff discussions were positive as the property is being cleaned up with the
renovations. He explained the property was originally an Aveyron group home.
Staff recommends approval with the following recommendations:
Minutes
Planning Commission — June 21, 2011
Page 2
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. Maximum of 10 individuals will be allowed to live in the home.
Neighboring property owner, Mr. David Lahr, 1012 a Ave. NW, asked for more information
regarding the group home and type of residents who will be living at the residence and what
offenses have they committed. Mr. Bakeberg stated because of privacy laws he is not allowed
to divulge legal information regarding the residents. He explained the Village Ranch is licensed
by the State and has been operating in Cokato for 23 years. He stated the kids living at Village
Ranch have varying behavioral problems and need guidance and supervision to transition into
the next stage of their life. Some of the boys will be in the Hutchinson High School REACH
program. The older boys will be looking for jobs and/or going to Ridgewater College. He
explained the boys living here are older and have no parental help once they transition out of
the program at Cokato. Mr. Bakeberg stated the residents of the home will be an asset to the
community. Tobii Ives, 915 Neil Ave SW, neighboring property owner, asked if any of the boys
were sexual offenders. Mr. Bakeberg explained they have worked with abused kids and he
could say these residents will be a low risk to do harm to anyone else. He stated because of
privacy laws he is not allowed to divulge legal information regarding the residents. Ms. Ives
asked if neighbors would be noted if there were sexual offenders Irving there. Mr. Bakeberg
explained there is notification if the resident is over 18 years of age. Mr. Bakeberg assured the
neighbors that the residents are supervised 24 hours a day, seven days a week. He introduced
staff who will be employed at the house in Hutchinson and explained staff is awake during the
evening and night hours. They take supervision very seriously and there are alarms on all
windows and doors and cameras in the house. Also, none of the residents are allowed to have
driver's licenses.
Mr. Fahey made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed
at 5:42 p.m. Mr. Fahey made a motion to recommend approval of the request with staff
recommendations 1 and 2. Seconded by Mr. Czmowski, the motion carried unanimously.
Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their
meeting held June 28, 2011 in the Council Chambers at 5:30 p.m.
b) CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154,
DEFINITIONS; SECTION 154.004, SEXUALLY ORIENTED BUSINESS (1)(a)(b)(c) and 3(a)(b)
Chairman Lofdahl opened the hearing at 5:43 p.m. with the reading of publication #7883 as
published in the Hutchinson Leader on Wednesday, June 8, 2011.
Mr. Jochum commented on the amendment to the ordinance relating to the percentage of
square footage of inventory, floor space and gross revenues for businesses with sexually
oriented materials for sale. The changes proposed are similar to the recently amended New
Prague ordinance. He reported staff is supportive of the proposed ordinance amendment and
recommends approval. He explained after discussing the ordinance amendment with City
Attorney Marc Sebora the wording in 3(b) "shall not be physically accessible to minors and" is
covered in the City Code Section 131.03 and does not need to be in the zoning section of the
code.
Mr. Fahey made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed
at 5:47 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff
recommendations striking out the words in 3(b) "shall not be physically accessible to minors
and ". Seconded by Mr. Johnston, the motion carried unanimously. Chairman Lofdahl stated this
item will be placed on the City Council consent agenda at their meeting held June 28, 2011, in
the Council Chambers at 5:30 p.m. 1 I Le—)
Minutes
Planning Commission — June 21, 2011
Page 3
c) CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154;
SECTION 154.167, VARIANCES
Chairman Lofdahl opened the hearing at 5:49 p.m. with the reading of publication #7883 as
published in the Hutchinson Leader on Wednesday, June 8, 2011.
Mr. Jochum explained the State of Minnesota has amended State law regarding the standards
for granting a variance. The law applies to counties, cities and towns with zoning controls. The
change applies similar standards to the individual county and municipal planning and zoning
statutes. The reason for this ordinance amendment is to make the City of Hutchinson Zoning
Ordinance consistent with State law. The major change was that the term "hardship" is now
eliminated and allows a zoning authority to issue a variance to a zoning control if there are
"practical difficulties ". "Practical difficulties" are described as follows:
1. "The property owner proposes to use the property in a reasonable manner not permitted by
an official control;
2. The plight of the landowner is due to circumstances unique to the property not created by
the landowner; and
3. The variance, if granted, will not after the essential character of the locality."
A variance may be issued only if it is "in harmony with the general purposes and intent" of the
ordinance and consistent with the comprehensive plan.
Mr. Jochum reported staff reviewed the proposed ordinance amendment and recommends
approval.
Mr. Czmowski made a motion to close the hearing. Seconded by Mr. Johnston, the hearing
closed at 5:51 p.m. Mr. Johnston made a motion to recommend approval as noted. Seconded
by Mr. Kirchoff, the motion carried unanimously. Chairman Lofdahl stated this item will be
placed on the City Council consent agenda at their meeting held June 28, 2011, in the Council
Chambers at 5:30 p.m.
5. NEW BUSINESS
6. OLD BUSINESS
7. COMMUNICATION FROM STAFF
a) COMPREHENSIVE PLAN UPDATE
Mr. Jochum gave an update on the progress of the Comprehensive Plan review. He explained
there was a public meeting on May 25, 2011, which was lightly attended. He commented on the
results of the SWOT exercise at the public meeting which was similar to the steering committee
results. He stated there will be themes added to the plan. He encouraged the planning
commissioners to spread the word when there are public meetings.
8. ADJOURNMENT
There being no further business the meeting adjourned at 5:56 p.m.
11 Le)
0 RESOLUTION NO. 13917
City Of Hutchinson Joining the National Moment of Remembrance of the 10th
Anniversary of September 11`h
WHEREAS, the governing body of the City of Hutchinson, Minnesota expresses
their support of the United States Senate regarding coming together as a Nation and
ceasing all work or other activity for a moment of remembrance beginning at 1:00 p.m.
Eastern Daylight Time (12:00 p.m. Central Standard Time) on September 11, 2011, in
honor of the 10th anniversary of the terrorist attacks committed against the United States
on September 11, 2001; and
WHEREAS, at 7:46 a.m., on September 11, 2001, hijacked American Airlines
Flight 11 crashed into the upper portion of the North Tower of the World Trade Center in
New York City, New York; and
WHEREAS, 17 minutes later, at 8:03 a.m., hijacked United Airlines Flight 175
crashed into the South Tower of the World Trade Center; and
WHEREAS, at 8:37 a.m., the west wall of the Pentagon was hit by hijacked
American Airlines Flight 77, the impact of which caused immediate and catastrophic
damage to the headquarters of the Department of Defense; and
• WHEREAS, at approximately 9:00 a.m., the passengers and crew of hijacked
United Airlines Flight 93 acted heroically to retake control of the airplane and thwart the
taking of additional American lives by crashing the airliner in Shanksville, Pennsylvania,
and, in doing so, gave their lives to save countless others; and
WHEREAS, nearly 3,000 innocent civilians were killed in the heinous attacks of
September 11, 2001; and
WHEREAS, tens of thousands of individuals narrowly escaped the attacks at the
Pentagon and World Trade Center and, as witnesses to this tragedy, are forever changed;
and
WHEREAS, countless fire departments, police departments, first responders,
governmental officials, workers, emergency medical personnel, and volunteers responded
immediately and heroically to those horrific events; and
WHEREAS, the Fire Department of New York suffered 343 fatalities on
September 11, 2001, the largest loss of life of any emergency response agency in United
States history; and
WHEREAS, the Port Authority Police Department suffered 37 fatalities in the
• attacks, the largest loss of life of any police force in United States history in a single day;
and
d''k)
WHEREAS, the New York Police Department suffered 23 fatalities as a result
of the terrorist attacks; and
WHEREAS, the impact of that day on public health continues through 2011, as
nearly 90,000 people are at risk of or suffering from negative health effects as a result of
the events of September 11, 2001, including 14,000 workers and 2,400 community
residents who are sick, and tens of thousands of others whose health is being monitored;
and
WHEREAS, 10 years later, the people of the United States and people around the
world continue to mourn the tremendous loss of innocent life on that fateful day; and
WHEREAS, 10 years later, thousands of men and women in the United States
Armed Forces remain in harm's way defending the United States against those who seek
to threaten the United States; and
WHEREAS, on the 10th anniversary of this tragic day, the thoughts of the people
of the United States are with all of the victims of the events of September 11, 2001 and
their families; and
WHEREAS, the lives of Americans were changed forever on September 11,
• 2001, when events threatened the American way of life; and
WHEREAS, in 2009, Congress and the President joined together to designate
September 11 as a National Day of Service and Remembrance under the Serve America
Act (Public Law 111 -13; 123 Stat. 1460); and
WHEREAS, in September 2009 and 2010, President Obama issued Proclamation
8413 (74 Fed. Reg. 47045) and Proclamation 8559 (75 Fed. Reg. 56463) proclaiming
September 11, 2009, and September 11, 2010, respectively, as Patriot Day and National
Day of Service and Remembrance; and
WHEREAS, September 11 will never, and should never, be just another day in
the hearts and minds of all people of the United States;
NOW, THEREFORE BE IT RESOLVED that the governing body of the City
of Hutchinson, Minnesota
(1) recognizes September 11, 2011, as a day of solemn commemoration of the events of
September 11, 2001, and a day to come together as a Nation; and
(2) offers its deepest and most sincere condolences to the families, friends, and loved
ones of the innocent victims of the September 11, 2001, terrorist attacks; and
•
►a6--)
• (3) honors the heroic service, actions, and sacrifices of first responders, law enforcement
personnel, State and local officials, volunteers, and countless others who aided the
innocent victims of those attacks and, in doing so, bravely risked and often gave their
own lives; and
(4) recognizes the valiant service, actions, and sacrifices of United States personnel,
including members of the United States Armed Forces, the United States intelligence
agencies, the United States diplomatic service, homeland security and law enforcement
personnel, and their families, who have given so much, including their lives and well-
being, to support the cause of freedom and defend the security of the United States; and
(5) reaffirms that the people of the United States will never forget the challenges our
country endured on and since September 11, 2001, and will work tirelessly to defeat
those who attacked the United States; and
BE IT FURTHER RESOLVED that on the 10th anniversary of this tragic day in United
States history the governing body of the City of Hutchinson Minnesota calls upon all of
the people and institutions of the United States to observe a moment of remembrance on
September 11, 2011, including (i) media outlets; (ii) houses of worship; (iii) military
organizations; (iv) veterans organizations; (v) airlines; (vi) airports; (vii) railroads; (viii)
sports teams; (ix) the Federal Government; (x) State and local governments; (xi) police,
fire, and other public institutions; (xii) educational institutions; (xiii) businesses; and
(xiv) other public and private institutions; and
BE IT FURTHER RESOLVED that the governing body of the City of Hutchinson,
Minnesota encourages the observance of the moment of remembrance to last for 1 minute
beginning at 1:00 p.m. Eastern Daylight Time (12:00 p.m. Central Standard Time) by, to
the maximum extent practicable ceasing all work or other activity; and marking the
moment in an appropriate manner, including by ringing bells, blowing whistles, or
sounding sirens.
ATTEST:
Jeremy J. Carter
City Administrator
•
Steven W. Cook
Mayor
)X&-)
