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cp08-23-2011 c
City 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 (0tc) I �rsir, �. ryv�yrvr� ,irrawfi<rs��F.�.�rrff. ✓.u�.sr 4.auam�us� ;�r�rar�i�w,�rirF� srir- �rsyr� .► :r�ra:ivr,.ra�muewfr�rr� DIRECTORS REPORT - PLANNING DEPARTMENT vsrrrrrr�rrv�r�i.�r :,iirrvs.. sum :,.vserr�iv�ruea.vserrri,�rv.�. Duerr, ri�i,... euv..,.., iriir »,.vviii��.,r�r..e+r.,wrrv..vr, iir%: 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. (' EC-)1 00(LI-B +A�&WLOPI�t I Ai,%-r -rA crAti!;- '� z D Q' -ID• f • e' -t. i1 Y � 1QJ��� ���iFF s 99.��Yg9s�[�C i a R ----------------- ...._._..__... o A FS i A i ,,T• OA=l a 7 s V Iry ^ It HS 44W krr m a 6 DAW PRNWA eplpt• t¢� 17D1 V"" by- eWe fR.ST "M IST FLOOR PLAN R-M T euiz ... re I '� z CERTIFICATE OF SURVEY for MODERN MAZDA 70', d� l'�. W 0 . 220 - 30 100 • Ocnotes Iron monument found f /'" ^7 stole in tear o denotes iron monument $et vnt 21n diom. iron pipe �I �I 34 M Z. to h 1^ O 000 M: - N777.34 a W VI ' O Q O YI3 f� J Ce�1Or frM V rn f Sr g 21 LIn — 200.00-- - t 0 F 37.9 S I to _ r � O 7 � W N N 44 14. t fM i M r m oo N 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....... rA M said ................. v . . ...y ......... ........ .... .................... . ............................................... ...CkA ...... e.ky ..................... ................................ and State, at w" premises said ...... and operate...... V ............................................................. ................................... — ........ 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.. . ..................... 7- J.; The .......... Ca . ......... . . ............. .. �11-11Q . ........ I .......... Py� ........... of the ....... �.al, .N ......... I ................ . ... of-,17.'Vah,-a ....... 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 INsunas: �� �..� .....s.�w�nnne�lrnu •Y .1w1.Rw �w�e,rM INBLN�RC. f INSURER O: s INM111ER E: f F f 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 �� �..� .....s.�w�nnne�lrnu •Y .1w1.Rw �w�e,rM BJCE f Tf l�f s r e f V INJURY M.COWPOOP f RRNTE f AWIOP AGO f GEHL AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOG f AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDALITOS NON-0WTED AUTOS COMBINED SINGLE UNIT f BODILY INJURY(Rr person) f BODILY INIURY(Per aocNNlq f PROPERTY DAMAGE (Per wddmO f f s UI/R®lA LJAB EXCESS LMB OCCUR CL MMS-MADE EACH OCCURRENCE f AGGREGATE f OEDIICnBLE RETENTION s f f A WORKSMCOIrPBOATON AND ErP1.0YEw UABLT' ANYPROPRIETORIF R"EAD(ECUTIVE YI❑N OtlFyeFe, bSER FXCLUDE)T DES41=m OFF PBIATONS below LIQUOR LIABILITY NIA LLMN001970 -1 01/0112011 01/0112012 E.L. FAW ACCIDENT f EL DISEASE - EA EMPLOYEE S EL DISEASE - POLICYuMT f 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 �� �..� .....s.�w�nnne�lrnu •Y .1w1.Rw �w�e,rM 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: co G-) 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. �P 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 diol 54M SW )Moo dr, a pl to appolnm od, 6501F ocid, Jatkaon "i ti W INnh¢na d an McoanalEs no Jacinto crack SE Sna/wooE 515E to appandi aW IF a.A.) and Loden A.mue SWSwaq sI,-. cleaaman e r loadings leha6llmene,, seek gonlardinry lneamumrmnandturn, eournin Cdonot amm.wni, mad oe, eu...a. noppmamo... gnding aBAia9n a9n arpor tide and guM1e� zdase. ddu whmngi appw COST R :. CDMPUTEDBY :PVANDERVEEN $63.75 5111 REHABILITATION. FF CHECKED By: K E.WFl2 1ST HEARING: 04113011 ADOPTED: 09/212011 2ND NEARING: ON212011 NUMBER 10 STliR$ INTEREST RATE: h r � ^.r M4alNaMwF aePlAOmr�nwa �� � 115�RTaMS R 1®T a1TaT enwM�li; ws -Tory �tx6 MNlaI1ENT alaF.mw IhEttRUO aiYliasBTT TOtY aa0®alMl! 1 0711629030110 231600240 24 Bradford St SE Steven S Lai Williams Lot 24, oak Park Second Addition 11280 11280 OW $000 $ON W.W ' 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 S(tw .90 14 Brial 51 SE HNNlnson MN 51 J 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 N SO 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 54.138 Of 54.136.75 WOW S 525 Jackson 5t SW Haddam. " 5950 8 0211630090)$0 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 Rdae rS evear 5W (Mcooll a or m appmareately Ii50 LF boron), Jack- Strap SW 1ROOare It to Pal o0. 6nebrd weed se lshmwood in fie m apclommamy 350 LF I'dinetyaoe Linden Avenre SMSrnoa Street SW elmssctmn by roeTVaymadertaddweransvrmrr a,a umarylnsa,rnr,.mnaMim agr�onn•ctidn oo normsrrce. drnnme. vudaceractamaudim ITI -in. 9,aeinq . a9goi ease . s en g,anwa, borrow, doncrathe curd and grim, a e. e:wminoua.ddaong. restoration ann app+daraarma 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 INTEREST RATE: p+p, t r_ T" .mss. phi. tWieTal 1GTM! 44.,0,4 ILMS® 20 02 116 30 09 03M 233620130 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&-)