cp01-22-2013No Workshop
AGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
THURSDAY, JANUARY 22, 2013
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — River of Hope
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
5. PUBLIC COMMENTS
6. MINUTES
(a) REGULAR MEETING OF JANUARY 8, 2013
Action — Motion to approve as presented
7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise
have een e egate to t e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 13 -702 -AN ORDINANCE REVISING CHAPTER 94— CEMETERIES (SECOND
READING AND ADOPTION)
(b) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT TO
REBUILD THE MCDONALD'S RESTAURANT WITH DRIVE THRU ON THE EXISTING LOT
AT 1098 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (ADOPT RESOLUTION NO. 14094)
(c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO 3M
CLUB ON MARCH 29, 2013
(d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO
UPPER MIDWEST A -C CLUB ON JULY 28, 2013, AT MCLEOD COUNTY FAIRGROUNDS
(e) APPOINTMENT OF JONNY BLOCK TO ECONOMIC DEVELOPMENT AUTHORITY BOARD TO
DECEMBER 2018
(f) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2013 PAVEMENT MANAGEMENT
PROGRAM PROJECT — LETTING NO. 3, PROJECT NO. 13 -03 (ORDERING PREPARATION OF
REPORT AND CALLING HEARING ON IMPROVEMENT)
(g) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR
PERFORMANCE APPRAISAL SESSION HELD ON JANUARY 8, 2013
CITY COUNCIL AGENDA —JANUARY 22, 2013
(h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
8. PUBLIC HEARINGS — 6:00 P.M.
(a) JEFFERSON STREET SE RECONSTRUCTION PHASE I PROJECT — LETTING NO. 1, PROJECT NO.
13 -01 (ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS)
Action — Motion to reject — Motion to approve
9. COMMUNICATIONS RE VESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise po icy. A ways loo ing towar the Juture, not monitoring past)
(a) UPDATE ON ARMER RADIO SYSTEM
Action -
10. UNFINISHED BUSINESS
11. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF DRAINAGE AND UTILITY EASEMENT ACQUISITION AT
#40 AIRPORT ROAD
Action — Motion to reject — Motion to approve
(b) CONSIDERATION ORDINANCE ADOPTING E
THE HUTINSON CIITY ODE PERTAINING O FOOD V NDORS(FI ST READING, ST
SECOND READING AND ADOPTION FOR FEBRUARY 12, 2013)
Action — Motion to reject — Motion to approve
(c) THE HUUTCHNSON CITY ORDINANCE ODE — ANIMALS (FIR T READING, SET S COND READING AND
ADOPTION FOR FEBRUARY 12, 2013)
(d) E T ORDINANCE SECTION
OF THHUCHN ON CITY CODE PERTAINING O MOTORIZED SCOOTERS (FIRSTREADING,
SET SECOND READING AND ADOPTION FOR FEBRUARY 12, 2013)
Action — Motion to reject — Motion to approve
(e) CONSIDERATION NOORDINANCE IE 34 OF
HUTINSONCII CODEDMNIISTRATI PENALTIES (FIRST READING, ST
SECOND READING AND ADOPTION FOR FEBRUARY 12, 2013)
Action — Motion to reject — Motion to approve
12. GOVERNANCE (Purpose: to assess past organizationalperformance, developpolicy thatguides the organization and
Council an manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR DECEMBER 2012
(b) SIDEWALK SNOW REMOVAL MONTHLY REPORT FOR DECEMBER 2012
(c) CITY OF HUTCHNSON FNANCIAL REPORTS FOR DECEMBER 2012 (UNAUDITED)
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CITY COUNCIL AGENDA — JANUARY 22, 2013
(d) CITY OF HUTCHINSON INVESTMENT REPORT FOR DECEMBER 2012
(e) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM
NOVEMBER 20, 2012, AND DECEMBER 18, 2012
(1) PLANNING COMMISSION MINUTES FROM NOVEMBER 20, 2012
13. MISCELLANEOUS
14. ADJOURN
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, JANUARY 8, 2013
CALL TO ORDER — 5:30 P.M.
Mayor Steve Cook ca e t e meeting to order. Members present were Mary Christensen, Chad Czmowski, Bill
Arndt and Gary Forcier. Others present were Jeremy Carter, City Administrator and Marc Sebora, City
Attorney.
2. INVOCATION — Pastor Laura Aase, River of Hope, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY
Council Member Mary Christensen recognized the fire department on their two -year safety record. The
department has gone two years with no injuries.
Mayor Cook recognized Bill and JoAnn Arndt for their award received as outstanding conservationists by the
Minnesota Association of Soil and Water Conservation Districts.
5. PUBLIC COMMENTS
6. MINUTES
(a) REGULAR MEETING OF DECEMBER 20, 2012
(b) ORGANIZATIONAL MEETING MINUTES OF JANUARY 2, 2013
Motion by Arndt, second by Christensen, to approve the minutes as presented. Motion carried unanimously.
7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise
ave een delegated tot the City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 12 -0701 -AN ORDINANCE REVISING SECTION 90.01 —ICE AND SNOW ON
PUBLIC SIDEWALKS AND TRAILS (SECOND READING AND ADOPTION)
(b) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR EAGLES
AERIE 4441 HUTCHINSON ON APRIL 20, 2013
(c) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Item 7(a)1 was pulled for separate discussion.
Motion by Arndt, second by Czmowski, to approve the consent agenda with the exception of Item 7(a)1.
Motion carried unanimously.
Item 7(a)1 had further discussion. Council Member Christensen noted that she has received concerns from
citizens on this ordinance — such as vacant homes along the trail and trails that run in the backyard of a
residence. Council Member Christensen has received inquiries as to who is responsible for these types of
situations. Mayor Cook noted that these types of questions should be directed to the City Administrator.
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CITY COUNCIL MINUTES — JANUARY 8, 2013
Mayor Cook did share that if a home is vacant and owned by a mortgage company, the mortgage company
can work with the city on having snow removal contracted out. Mayor Cook mentioned that with trails that
run on the sideyard or backyard, it is the homeowner's responsibility unless and until the City is able to aid
in snow removal. Mayor Cook reminded residents that only four feet of the trail needs to be cleared and not
the entire width.
Council Member Arndt expressed that he feels trails should be cleaned off by City personnel as quickly as
alleyways are.
Jeremy Carter, City Administrator, spoke to the City's priority of clearing streets first and the priority listing
of sidewalks and trails. Mr. Carter noted the City is aware that there are situations where a trail portion is
difficult to have snow removed by a homeowner. If a specific situation needs to be taken care, staff needs to
be notified.
Motion by Christensen, second by Arndt, to approve Item 7(a)1. Motion carried unanimously
8. PUBLIC HEARINGS — 6:00 P.M. - NONE
9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to craft wise policy. Always looking toward t e uture, not monitoring past)
10. UNFINISHED BUSINESS
11. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 13 -702 - AN ORDINANCE REVISING
CHAPTER 94 — CEMETERIES (WAIVE FIRST READING AND SET SECOND READING AND
ADOPTION FOR JANUARY 22, 2013)
John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that Dobratz Hantge
Funeral Chapels and Darwin Monuments contributed to the revising of this ordinance, as well as other staff
members. Mr. Olson noted that the biggest revisions include amendments to the categories of memorials,
permits, vehicles, and cemetery funds. The main driver behind the revisions are to bring forth good
customer service. Discussion was held regarding the use of a perpetual care fund. The City in essence does
not use a perpetual care fund, instead it uses a cemetery fund. No perpetual care fee has ever been received
or defined. Instead, fees have been designated internally for future cemetery improvements. Clarification
was made to Section 94.41(J) pertaining to motorcycles. This section appears to say that motorcycles are not
allowed within the cemetery. Council Member Christensen asked if this means that those visiting gravesites
arriving on motorcycles are not allowed. Mr. Olson noted that motorcycles will be removed from this
section and added to the section pertaining to automobile regulations.
Motion by Christensen, second by Forcier, to set second reading and adoption of Ordinance No. 13 -702 for
January 22, 2013, with the language revision to 94.41(J). Motion carried unanimously.
(b) CONSIDERATION OF RECISSION OF LUCE LINE STATE TRAIL AGREEMENT WITH
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
Mayor Cook noted that some concern had been raised since the Council approved the agreement for the Luce
Line State Trail. The concerns centered around the perceived interest of Council Member Czmowski's
financial gain with the improvement of the Luce Line Trail since Council Member Czmowski owns a bicycle
shop and because of a statement he made at a meeting (non - council) about an expected gain the shop would
see as a n example of the broader community benefit the trail would provide to local businesses..
Council Member Czmowski inquired as to what kind of precedent this might set, as in will he have to
continually abstain from items that might somewhat relate to the use of bicycles.
City Attorney Marc Sebora noted that, as he presented at the organizational meeting, when items being
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CITY COUNCIL MINUTES —JANUARY 8, 2013
considered are for the broad benefit of the community, and no direct benefit is noted, abstention should not
be necessary. Items may need to be considered on a case —by -case basis.
Motion by Arndt, second by Cook, to rescind Luce Line State Trail agreement with Minnesota Department
of Natural Resources. Motion carried unanimously.
(c) CONSIDERATION FOR APPROVAL OF LUCE LINE STATE TRAIL AGREEMENT WITH
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
Mayor Cook distributed Resolution No. 14093, a Resolution Approving an Agreement to Pave the Luce Line
State Trail in Cooperation with the State of Minnesota. Mayor Cook mentioned that the EDA has agreed to
contribute $100,000 of the City's $750,000 contribution to improvement of the trail. Mayor Cook also
mentioned that as part of the project 2.4 miles of the trail in the City of Hutchinson will be reclaimed, which
is at a cost of about $224,000. Mayor Cook also mentioned the multitude of other governmental agencies
and organizations that are in support of the improvement of the Luce Line State Trail.
Glen Sladek, 15575 130`h Street, presented before the Council. Mr. Sladek asked how often the trail is
reclaimed. Mayor Cook mentioned the trail was paved approximately 15 years ago and has not been
reclaimed to date. Mr. Sladek commented on the ongoing maintenance costs associated with the trail.
Fred Barlau, 926 Hassan Street, presented before the Council. Mr. Marlowe raised concerns on whether or
not this is an all- inclusive project or if it will be done in fragments. Mr. Marlowe also raised concerns of
spending money for the trail outside the city limits. Mr. Marlowe feels that improvements could be made
within the City of Hutchinson.
George Jones, McLeod County Trail Administrator, presented before the Council. Mr. Jones asked if
language could be added to the Resolution indicating that snowmobile use will continue to be allowed on the
trail. Mr. Jones expressed that he feels money would be better spent on the Dakota Trail connection near
Lester Prairie. Mr. Jones raised concerns that the improved Luce Line Trail will stop at the Carver County
line with a crushed granite surface.
Motion by Arndt, second by Christensen, with Czmowski abstaining, to approve Luce Line State Trail
agreement with Minnesota Department of Natural Resources and approving Resolution No. 14093 including
language with examples of multi -uses of the trail, including snowmobiles. Roll call vote was taken:
Christensen — aye; Arndt — aye; Forcier — nay; Cook - aye. Motion carried 3 to 1 with one abstention.
Motion carried unanimously.
12. GOVERNANCE (Purpose: to assess pastorganizationl performance, developpolicy that guides the organizationand
Council the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) HUTCHINSON UTILITIES COMMISSION MINUTES FROM NOVEMBER 26, NOVEMBER 28, AND
DECEMBER 13, 2012
(b) LIQUOR HUTCH QUARTERLY REPORT FOR OCTOBER — DECEMBER 2012
(c) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM OCTOBER
16, 2012
13. MISCELLANEOUS
Chad Czmowski — Council Member Czmowski mentioned that McLeod For Tomorrow is holding a
Winter Festival on February 2, 2013.
Mayor Cook — Mayor Cook suggested putting together a meeting with the local legislators. He asked the
Council Members to think of any topics they feel they wish to discuss with the legislators.
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CITY COUNCIL MINUTES— JANUARY 8, 2013
Council Member Czmowski mentioned that the Chamber of Commerce annual banquet is January 25,
2013, at the Event Center.
Motion by Czmowski, second by Arndt, to set Chamber of Commerce Annual Banquet on January 25,
2013, as a public meeting. Motion carried unanimously.
14. ADJOURN
Motion by Arndt, second by Cook, to adjourn at 6:50 p.m. Motion carried unanimously.
(V to—)
ORDINANCE NO. 13 -702 - AN ORDINANCE AMENDING CHAPTER 94 OF THE
HUTCHINSON CITY CODE — CEMETERIES
The City Council hereby ordains that Chapter 94 of the Hutchinson City Code is amended as
follows:
Section
General Provisions
94.01 Purpose; application; control
94.02 Definitions
94.03 Certificate of ownership, sole agreement, exceptions, amendments.
Lots; Columbaria
94.15 Lot ownership, transfer, assignment; city consent required
94.17 Lot subdivision prohibited
94.18 Replatting and roadways
94.19 Lot owner address change; notification required
94.20 Columbaria
94.21 Procedures for repurchase of cemetery properties
Rules and Regulations
94.35 General supervision
94.36 Interments and disinterments; regulations
94.38 Payments
94.39 Work and improvements; city control
94.40 Lot decoration
94.41 Visitor conduct; regulations
94.42 Fees, gratuities and commissions prohibited
94.43 Protection against loss or damage; disclaimer
94.44 Cemetery funds
94.45 Memorials; standards and permits
94.46 Memorials; construction regulations
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GENERAL PROVISIONS
§ 94.01 PURPOSE; APPLICATION; CONTROL.
(A) Oakland Cemetery is owned and operated by the city. The Cemetery operates under
the supervision of the Public Works department, as directed by the Mayor and City Council. It is
the city's goal to make Oakland Cemetery a quiet and beautiful cemetery. To secure this effect
and for the mutual protection of cemetery users, the city hereby adopts the following ordinances.
All lots, lot owners, and users of the Cemetery shall be subject to these ordinances and
amendments or alterations thereto that shall be adopted by this city from time to time.
(B) The City Council shall set rates, charges and fees for cemetery services.
§ 94.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
CEMETERY. A hallowed park for earth interments or above - ground entombments.
COLUMBARIA. An above - ground structure of vaults, known as `niches', for the
entombment of cremains.
CREMAINS. Cremated human remains.
GRAVE. A space of ground or structure reserved for interment or entombment of human
remains.
INTERMENT. The disposition of human remains or cremains by burial or entombment.
LOT. Space in the cemetery reserved for the interment or entombment of human remains.
The term includes and applies to one or more adjoining graves.
MARKER. A memorial of natural stone or other approved material that does not extend
above the surface of the lawn.
MEMORIAL. A monument or marker.
MONUMENT. A memorial of natural stone or other approved material that extends above
the surface of the lawn.
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§ 94.03 CERTIFICATE OF OWNERSHIP, SOLE AGREEMENT,
EXCEPTIONS, AMENDMENTS.
(A) Cemetery Deed. The cemetery deed, these ordinances and any amendments thereto
shall be the sole agreement between the city and the lot owner. The statement of any sales agent
shall in no way bind the city.
(B) Exceptions and modifications. Special cases may arise in which the literal enforcement
of an ordinance may impose unnecessary hardship. The city, therefore, reserves the right,
without notice, to make exceptions, suspensions or modifications in any of these ordinances.
These exceptions or modifications shall in no way be construed as affecting the general
application of these ordinances.
(C) Amendments. The city may, and it hereby expressly reserves the right, at any time or
times, to adopt new ordinances, or to amend, alter or repeal any ordinance, or portion thereof.
LOTS; COLUMBARIA
§ 94.15 LOT OWNERSHIP, TRANSFER, ASSIGNMENT; CITY CONSENT
REQUIRED
(A) Descent of cemetery lots. Descent of title and ownership of lots in case of death shall
be subject to Minnesota State Statute 525.14.
(B) Lot Transfers. The only regular and legal proof of title by descent from a deceased
owner is a certified copy of the decree of the proper probate court assigning the lot of the
deceased owner, or his or her interest in it, to the person claiming it. Whenever practicable, this
proof will be required. If for any reason this proof cannot be obtained, application should at
once be made upon the death of the lot owner to the cemetery to ensure the records show the lot
owner as the proper living person.
(C) Consent of city. No transfer or assignment of any lot, or interest therein, shall be valid
until the consent of the city has been obtained. The city may refuse to consent to a transfer or to
an assignment as long as there is any indebtedness due the city from the record lot owner,
including any fees charged for the transfer or assignment.
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§ 94.17 LOT SUBDIVISION PROHIBITED.
The subdivision of lots is not allowed, and no one shall be interred in any lot except that they
have an interest therein or except by written consent of all parties interested in the lot and of the
city; provided, however, a relative or any record owner may be buried in the lot as provided for
in these ordinances or in the statutes of the State of Minnesota.
§ 94.18 REPLATTING AND ROADWAYS.
(A) Right to replat regra& and use property. The city reserves the right to resurvey,
enlarge, diminish, replat, alter or change all or any part, portion or subdivision of the property
mapped and platted, including the right to lay out, establish, close, eliminate or change the
location of roads, walks or drives, and to file amended maps or plats, and to use the same for the
erection of buildings, or for any purposes or uses connected with, incidental to, or convenient for
the care and preservation of the cemetery or for any preparation for other cemetery purposes,
together with easements and rights -of -way over or through the premises and the right of
installing, maintaining and operating pipelines, conduits, sprinklers, drainage, electric or
communication lines, or for any other cemetery purpose.
(B) No right granted in alleyways. No easement or right of interment is granted to any lot
owner in any road, drive, alley or walk within the cemetery, but a road, drive, alley or walk may
be used as a means of access to the cemetery or buildings as long as the city devotes it to that
purpose.
§ 94.19 LOT OWNER ADDRESS CHANGE; NOTIFICATION REQUIRED.
It shall be the duty of the lot owner to notify the city of any change in his or her United States
Postal Service address. Notice sent to a lot owner at the last address on file with the cemetery
shall be considered sufficient and proper legal notification.
§ 94.20 COLUMBARIA.
(A) Ownership of burial space in a columbarium shall be considered the same as ownership
of other cemetery property and shall descend according to State of Minnesota statutes.
(13) One or two urns may be entombed in a columbaria niche, provided there is adequate
space.
(C) Purchase of a columbarium niche shall include one bronze front plaque, regardless of
the number of remains entombed, the size, design and color of which shall be determined by the
city.
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(D) No item shall be affixed to the columbarium, unless herein provided. One one- and -one-
half inch (1 %z ") veteran's medallion may be affixed on the lower left face of a columbaria niche.
All medallions shall be uniformly installed on columbaria niches by authorized cemetery
personnel only. Other medallions are not allowed on a columbaria niche.
(E) The lot owner is responsible for the maintenance of the medallion. The city is not
responsible for maintaining medallions. If items are affixed contrary to the memorial permit,
they may be removed by the city at the lot owner's expense.
(F) The city shall provide a central planter near columbaria for placement of flowers and
other ornamentation, at the lot owners' expense, as permitted herein.
(G) The opening of a sealed niche for a second urn is considered an interment and is subject
to established fees.
§ 94.21 PROCEDURES FOR REPURCHASE OF CEMETERY PROPERTIES.
(A) Repurchase. When considering repurchase of cemetery property the city shall offer to
willing sellers the greater of one -half (' /z) of the current price for properties or the original
purchase price of the properties, whichever is greater.
(B) Certain properties representing a significant value to the cemetery may be identified.
For these properties, the city reserves the right to offer more to obtain these specifically
identified properties or to waive up to $100 of fees related to the repurchase.
RULES AND REGULATIONS
§ 94.35 GENERAL SUPERVISION.
(A) Admission to cemetery. The city reserves the right to refuse admission to and supervise
the conduct of persons using the cemetery, and to refuse the use of any of the cemetery facilities
by any persons whom cemetery management may deem objectionable to the best interests of the
cemetery.
(B) Cemetery management in charge offuneral. All funerals, upon reaching the cemetery,
shall be under the supervision of cemetery management.
(C) Casket not to be opened or body touched without consent. The city reserves the right to
refuse permission to anyone to open the casket or to touch the body without the written
authorization of the legal representative of the deceased or without a court order.
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§ 94.36 INTERMENTS AND DISINTERMENTS; REGULATIONS.
(A) Subject to laws. Besides being subject to these ordinances, all interments and
disinterments are subject to the ordinances and statutes of the city, county and state.
(B) Time and charges. All interments and disinterments must be made at the time and in
the manner prescribed and are subject to the payment of related charges. At least forty -eight (48)
hours' notice prior to interments and at least one week's notice prior to any disinterment is
required. The city may refuse to make an interment until a more expedient time if the remains
arrive at the cemetery after 4:00 p.m., or if too many funerals arrive at the same hour. The city
also reserves the right to require additional time in the event of inclement weather. The city
reserves the right to charge an additional fee if a funeral arrives after 4:00 p.m. or more than one-
half (' /z) hour after the scheduled time.
(C) Authorization to inter and disinter. The city may inter or open a grave upon receipt of
proper written authorization by any lot owner of record made on forms prescribed by the city or
if the lot owner has previously provided written instructions on file at the cemetery. No
interment or disinterment shall be completed until payment of applicable charges has been made.
(D) Required concrete box or vault. The city requires a concrete box or vault for full -size
casketed interments. Cremains and infant caskets are afe exempt from this requirement.
(E) Location of interment space. When instructions from the lot owner regarding an
interment space cannot be obtained, are indefinite, or cannot be followed, the city may open the
space as it deems best and proper so as not to delay the interment.
(F Orders, other than written instructions. The city shall not be held responsible for any
order given by means other than clearly written instructions, or for any mistake occurring from
the want of precise and proper instructions as to the particular space, size and location in a lot
where interment is desired.
(G) Errors may be corrected. The city reserves the right to correct any errors made making
interments or disinterments, or in the description or transfer of any property, either by cancelling
or substituting the transfer or refunding the amount paid on account of that purchase. In the
event the error shall involve the interment of the remains of any person in that property, the city
reserves the right to disinter and reinter the remains in property of equal value and similar
location, or as otherwise directed by the lot owner.
(H) Delays caused by protests. The city shall in no way be liable for any delay in the
interment or disinterment where a protest to the interment or disinterment has been made, or
where ordinances or permits have not been complied with. The city may require any protest to
be filed in writing.
(I) Not responsible for identification or embalming. The city shall not be liable for the
interment permit nor for verifying the identity of the person interred; nor shall the city be liable
in any way for the embalming or cremation of the body.
(J) No interment or disinterment permitted unless property paid for. No interment or
disinterment shall be permitted in any property not fully paid for.
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(K) Interment of more than one body.
(1) One casket, or one casket and one cremains, or two cremains are allowed to be
interred in one grave space.
(2) A second right of interment may be purchased by the lot owner for the interment of
an infant or cremains in between two blood relatives.
(3) Interment of up to four cremated remains will be allowed in certain cremation grave
spaces of Section 12 and Schmidt's Addition.
(4) Certain reclaimed or repurchased properties throughout the cemetery may also be
allowed multiple interments of cremains, depending on location, character of surrounding area,
size of property, placement of memorials and other considerations made according to the
judgment of cemetery management.
(L) Interment of human remains. The use of the property in the cemetery is restricted to the
interment of human remains only.
(M) Disinterment for profit prohibited. Disinterment so the lot or items contained in the lot
may be sold for profit, or disinterment contrary to written instructions of the lot owner, is
forbidden.
(N) May obtain different lot. A body may be disinterred from its original lot and be
interred in a different lot in the cemetery, provided there has been a property transfer or purchase
for that purpose.
(0) Care in disinterment. The city shall exercise due care in making a disinterment, and it
shall assume no liability for damage to any casket or burial vault while making the disinterment.
(P) Disinterment during winter prohibited. Disinterments during the time period of
November 16 through April 14 are not allowed.
§ 94.38 PAYMENTS.
(A) Payment of service charges. TW &harges for dW cemetery services must be paid
prior to or at the time of the issuance of any order to inter or disinter. Satisfaction of all
indebtedness due the city must be made before interment or disinterment.
§ 94.39 WORK AND IMPROVEMENTS; CITY CONTROL.
(A) Work to be done by city. Only the city shall perform grading, landscaping work and
improvements of any kind, and all care on lots, trees, shrubs and herbage of any kind, including
trimming, cutting or removal. All interments and disinterments shall be made only by the city.
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(B) City directs and may remove improvements. All improvements or alterations of
individual property in the cemetery shall be under the direction of and be subject to the consent,
satisfaction and approval of the city, and, should improvements be made without the city's
consent, the city shall have the right to remove, alter or change those improvements at the
expense of the persons making the improvement or the lot owner.
§ 94.40 LOT DECORATION.
(A) Floral regulations. Ground planting of flowers is not permitted. The city shall have
authority to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind
from the cemetery as soon as, in the judgment of the city, they become unsightly, dangerous,
detrimental or diseased, or when they do not conform to maintenance standards. The city shall
not be liable for floral pieces, or for baskets or frames in which or to which floral pieces are
attached. The city shall not be liable for lost, misplaced or broken flower vases. The city shall
not be responsible for plants, herbage or plantings of any kind damaged by the elements, thieves,
vandals or by other causes beyond its control. The city reserves the right to prevent the removal
of any flowers, floral designs, trees, shrubs, plants or herbage of any kind, without its consent.
(B) Removal offloral frames. Floral frames, when removed from the lot site, unless called
for within five days by those lawfully entitled to them, may be disposed of by the city in any
manner it sees fit.
(C) Certain ornaments prohibited.
1) The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, wood or
iron cases and similar articles upon lots shall not be permitted, and if so placed, the city may
remove the same unless they be wholly contained within an approved flower pot or flower box
fitting over a monument. In no case shall any decoration or ornamentation be allowed if its
design is deemed to be offensive in nature, include food and beverages or other items for human
consumption, be constructed of glass, contain light- emitting elements, or be in any way designed
to move either mechanically or by other means, including by natural wind. The city may remove
any decoration or ornamentation immediately if it does not comply with this section.
2) No item may be affixed to monuments, except that a certain item may be affixed to
the face of monuments, provided it does not protrude more than one inch (1 ") beyond the face of
the monument and does not exceed twenty square inches (20 sq. in.) in size, and is maintained by
the persons affixing such items. The city will not maintain items affixed to monuments.
(D) Cut flowers may be deposited on graves only on Memorial Day, except flowers may be
in approved vases or holders. Only one flower holder per lot is allowed.
(E) Glass containers are not allowed.
(F) Cut flowers and plastic flowers will be removed from the ground within seven days after
Memorial Day.
(G) Unsightly flowers and wreaths will be removed at the discretion of the city.
' L)�
(H) Live plants will be allowed only in approved pots, urns or holders.
(I) Metal flower holders of an approved design are permitted. Cementing of these flower
holders is not allowed. The bottom of the flower holder is to be a minimum of eighteen inches
(18 ") from the ground. The city may remove non - conforming flower holders.
(.1) Flower holders shall be placed in line with existing flower holders
(K) Wreaths are permitted if they are attached to the monument or placed in approved
holders.
(L) All bronze cups must be turned down by November 1 to prevent damage.
(M)The city shall not be responsible for plant stands, pots and vases or other holders
damaged due to freezing, snow removal for funerals, or damage due to the necessary removal of
the items.
(N) Regulations will be posted in the office building.
§ 94.41 VISITOR CONDUCT; REGULATIONS.
(A) Must use walks. Persons within the cemetery grounds shall use only the avenues,
walks, alleys and roads.
(B) Trespassers on cemetery lots. Only the lot owner and his or her relatives shall be
permitted on cemetery lots. Any other person thereon shall be considered a trespasser, and the
city shall owe no duty to the trespasser to keep the property, or the memorial thereon, in a
reasonably safe condition.
(C) Children. Children shall not be permitted within the cemetery, or its buildings, unless
accompanied by a responsible adult.
(D) Flowers and the like. All persons are prohibited from gathering flowers, either cut or
wild, or disturbing trees, shrubbery or plants, or feeding or disturbing birds or wildlife.
(E) Refreshments. No person shall be permitted to have refreshments within the cemetery
except as authorized by the city.
(F) Loitering prohibited. Persons shall not be permitted to loiter in the cemetery.
(G) Loud talking. Boisterous or unseemly conduct shall not be permitted in the cemetery.
(H) Littering. Littering at the cemetery is prohibited. All waste shall be disposed of in
appropriate receptacles.
[Ct) 1
(1) lulonwhile.s. Automobiles including nwtorcycle*anriA"ol�etikyns ed iele5�shall
not be driven through the grounds at speeds _rcatcr than 15 miles per hour, and must always be
kept on the right side of the cemetery roadway s. Automobiles are not allowed to park or to come
to a full stop in front of an open grave unless those automobiles are in attendance at the funeral.
Automobiles must stay on roadways and are not allowed on lawn areas.
Of Recreational vehicles. No motorized recreational vehicles, including but not limited to,
motorized scooters, ^ate; snowmobiles. motorized carts, all- terrain vehicles
or other similar recreational vehicles shall be admitted to the cemetery except those as may be in
attendance at funerais or on business. !'his section shall not apply to any vehicle designed
specifically for personal mobility.
{K} Peddling or soliciting. Peddling of flowers or plants, or soliciting the sale of any
commodity, is prohibited %Nrthin the cemetery without the approval of the city. Violation of
these ordinances may result in dismissal from cemetery property.
t i t" reurms. No firearms shall be permitted within the cemetery except on special permit
from the ed maiiagement of a" r" eanstii"' °'t authefities, or at a military or veteran funeral.
f Ml Votr,es and adverou menls. No signs, notices or advertisements of any kind shall be
allowed in the cemetery unless placed by the city.
f r Pats. Pets shall not be allowed on the cemetery grounds or in any of the buildings
r 0 flours_ i"he cemetery grounds shalt remain open from 8:00 a.m. to 4:30 p.m., Monday
through Friday, and at other times by special arrangements.
I Pj lmproprielles There shall be observance of all proprieties at the cemetery, whether
embraced in these ordinances or not. Improprieties ahall not be allowed, and the city shall
prevent anprouer hehaviors and assemblages.
Qj CIrIY to en.,torce rules. Employees are hereby empowered to enforce all ordinances, and
to exclude from the cemetery any person violating the same. Employees shall have charge of
cemetery grounds and buildings, and at all times shall supervise and maintain control of all
persons at the cemetery, including the conduct of funerals, traffic, employees, tot owners and
visitors.
§ 94.42 FEES, GRATUITIES AND CONIiNIISSIONS PROHIBITED.
No person, while employed by the city, shall receive any fee, gratuity or commission, except
from the city either directly or indirectly, under penalty of dismissal_
§ 94.43 PROTECTION AGAINST LOSS OR DAMAGE; DISCLAIMER.
(A) Disclaimer. The city disclaims responsibility for losses or damages caused by the
elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers,
explosions, unavoidable accidents, invasions, insurrections, riots or order of any military or civil
authority, whether the damage be direct or collateral.
(B) City may charge for unusual repairs necessitated by acts of God and the like. In the
event that it becomes necessary to repair or reconstruct any natural stone or concrete work on
any section or lot, or any portion or portions thereof in the cemetery which has been damaged as
herein described, the city shall give a ten (10) day written notice of the necessity for the repair to
the lot owner of record. The notice shall be given by depositing the same in with the United
States Postal Service, addressed to the lot owner of record at his or her address as stated in the
records of the city. In the event the lot owner fails to repair the damage within a reasonable time,
the city may direct that the repairs be made and charge the expense to the lot owner of record.
§ 94.44 CEMETERY FUNDS.
(A) Cemetery funds shall:
(1) Be used for any care and maintenance necessary by natural growth and ordinary
wear including planting, cutting, watering and care of lawns, trees and shrubs, the cleaning and
upkeep of buildings and the maintenance of utilities, walls, roadways, walks and other
improvements of the cemetery.
(2) Not be used for the maintenance, repair or replacement of any memorials, sod or
flowers owned by lot owners that may be caused by the elements, an act of God, common
enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents,
invasions, insurrections, riots or by order of any military or civil authority, whether the damage
be direct or collateral, other than as herein provided, except that the City Council may direct that
certain repairs or maintenance be done using City funds.
(3) Be desposited with others of like character and intent.
(4) Not be used to benefit any one individual property, but rather be used for the good of
the Cemetery as a whole, except that the City Council may approve use of city funds to make
repairs or improvements to specific properties, at their discretion.
(5) Be limited to appropriations made by the City Council for the care of the grounds,
buildings and cemetery maintenance.
(6) Be used in whatever manner deemed appropriate by the city for the care,
reconstruction, repair, and maintenance of all or any portion of the cemetery improvements, and
for other costs necessary to the preservation of the city's legal rights.
f� LO-) �
§ 94.45 MEMORIALS; STANDARDS AND PERMITS.
(A) Memorials.
1) Only one central memorial, placed in the center of the lot, and in line with existing
memorials shall be allowed on a lot.
2) Memorials shall be no larger than the maximum size indicated for each type of
memorial, based on the size of the grave and lot, as prescribed by the city.
3) A permit, obtained prior to or at the time of installation, is required for each memorial
installed at the cemetery.
4) The city reserves the right to correct any errors made by its employees or by another
person or persons regarding the location, size, or placement of a memorial.
5) A written request may be issued to the city for the placement of unusually shaped or
oversized memorials. These memorials, personal columbaria, or private mausoleums
may be allowed in areas of the cemetery where adequate space may be purchased and
be subject to provisions herein.
(B) Markers.
1) All markers must be set flush with the ground.
2) Flower vases integrated into flush markers are not permitted.
3) Markers of bronze or other materials shall be recessed so as to be flush with other
marker materials.
4) Lettering, or designs in markers placed on concrete or stone may protrude no more
than one - quarter inch (1/4 ") above the concrete or stone.
5) Veterans' markers approved by the Department of Veterans' Affairs, may be affixed
into the markers, provided they are countersunk into the face of the stone or cement
wash so the base of the medallion does not protrude higher than the face of the stone.
6) Any items affixed to markers are the responsibility of the lot owner the city is not
responsible for the maintenance of these items. If the items are affixed contrary to the
memorial permit, they may be removed by the city at the lot owner's cost.
(C) Monuments.
1) All monument foundations shall be installed by the same company or persons
supplying the monument, which company or person shall be responsible for and
guarantee the quality and strength of the foundation.
2) Monuments and their foundations shall not encroach into the space required for
interment of a full -sized vault and casket burial, which is approximately eight feet, six
inches by three feet, six inches (8' 6" x 3' 6 "), unless other restrictions are necessary
based on the size and type of property.
3) Veterans' markers approved by the Department of Veterans' Affairsi may be affixed
onto monuments, as provided herein.
I (kj ti
(D) Designated in- ground cremation areas only. Only one marker or monument is allowed
in designated in- ground cremation areas. Markers and monuments shall not exceed the permitted
size, as identified by the city.
(E) Cement washes required. Cement washes will be required on all memorials in the size
specified in the permit, as determined by the city. The city may also approve washes of natural
stone, provided they shall have less ongoing maintenance when compared to cement washes.
(F) Bronze as part of memorials. Bronze that is imbedded on a memorial must be recessed
so as to be flush with the surrounding stone or cement, except that any bronze lettering or design
shall protrude no more than one - quarter inch (1/4 ") above the surface of a marker or one inch
(1 ") from the surface of a monument.
(G) Permit required.
(1) A permit is required to install memorials. Permits will be required for each
memorial and must be obtained prior to installation. The city will fix, and from time to time
revise, any permit fee.
(2) Any memorial installed without first obtaining a permit may be removed until the
permit is obtained. An additional charge for equipment, labor and storage may be assessed for
removal of unpermitted memorials.
(H) Large memorials, areas of the cemetery. Large monuments, unusually shaped or
oversized monuments, personal columbaria or private mausoleums may be allowed in areas of
the cemetery where adequate space may be purchased. Each request for memorials not
complying with these ordinances shall be reviewed independently with regard to required space
and appropriate fit of the memorial and shall be approved only by special permit issued by the
city.
(I) Exceptions. Areas set aside as cremation grave spaces and certain cremation properties
in portions of Section 12 and Schmidt's Addition will be allowed one monument regardless of
the number of cremains interred, which shall not exceed the maximum size identified in the
permit.
§ 94.46 MEMORIALS; CONSTRUCTION REGULATIONS.
(A) Persons employed in placing or erecting monuments, or bringing in materials, shall, as
to the city, operate as independent contractors only under permit from the city and be under the
supervision of the city. These persons are prohibited from attaching ropes to monuments, to
trees or to shrubs. These persons shall not permit material to be on adjoining lots or block
avenues or pathways longer than necessary. These persons shall take care to do as little injury to
the grass, trees and shrubs, etc., as possible and are responsible for removing debris and restoring
the grounds and sod to their original condition.
(B) Damage done to any property shall be repaired by persons placing or erecting
memorials. Damage that is not repaired in a timely manner may be repaired by the city, and the
cost of the repairs shall be charged to the persons installing the memorial.
(C) No material, machinery or other thing used for the construction of memorials may be
brought into the cemetery until required for immediate use; nor under any circumstances when a
funeral is in process. Nor shall any memorial work be conducted except during normal cemetery
hours. Material may not be placed on adjoining lots without permission from the city. Work
shall proceed promptly until the erection of the memorial is completed.
(D) No work of any kind shall be done while a funeral or interment is being conducted.
(E) The installation of coping, curbing, fencing, hedging, plantings, grave mounds, borders,
enclosures of any kind, brick, cinders, tile, stone, marble, terra cotta, sand, cement, gravel or
wood shall not be allowed on or around any lot. The city reserves the right to remove the same if
so erected, planted or placed and charge the cost of removal to the lot owner.
(F) The city shall have the authority to reject any permit application based on the plan or
design for any memorial which, on account of its size, design, inscription, kind or quality of
stone is, in the opinion of the city, unsuited to the lot on which it is to be placed.
(G) The city reserves the right to stop all work of any nature being done at the cemetery
whenever, in its opinion, proper preparations therefor have not been made, when tools and
machinery are insufficient or defective, when work is being executed in a manner so as to
threaten life or property, when persons installing memorials are guilty of misrepresentation,
when any reasonable request on the part of the city is disregarded, when work is not being
executed according to the permit, or when a worker violates these ordinances. Completed work
is subject to the approval of the city.
(H) All memorials shall be constructed of natural stone. Should any memorial become
unsightly, dilapidated or dangerous, the city shall have the right to correct the condition or to
remove the same, at the expense of the lot owner.
(I) No memorial shall be removed from the cemetery, except by the city. Only upon the
written order of the lot owner and permission being subsequently granted by the city shall a
memorial be removed.
l �'
MEMORANDUM
DATE: January 16, 2013, for the January 22, 2013, City Council Meeting
TO: Hutchinson City Council
FROM: Bonnie Baumetz, Planning Coordinator
SUBJECT: Consideration of a site plan review and conditional use permit requested by McDonalds USA
LLC to allow demolition and reconstruction of building and construct a new drive thru service
located at 1098 Hwy 15 S
Backaround:
The applicant is requesting a site plan review for demolition and construction of a new McDonald's Restaurant
on existing lot at 1098 Hwy 15 S. The conditional use permit is to approve the new drive -thru with second
order point. McDonald's Corp. received the first building permit in 1981. There have been several additions
and modifications since the original building was constructed. In 1986, a permit was approved for a curb
opening on Century Ave. after the Subdivision Agreement was amended by the City council in 1985. The only
stipulation was that the access would be an "entrance only" drive. A permit was granted for a drive thru
window in 1987. In September, 2010, a conditional use permit and site plan review was approved for a second
order point for the drive -thru.
(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.
Additional information is contained in the attached staff report and attachments.
City Council Memo
January 16, 2013
McDonalds USA LLC
Conditional use permit and site plan review
Page 2
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their January 15' meeting.
Recommendation:
The Planning Commission recommended approval of the request with the following amended
recommendations:
1. The standards for granting a conditional use permit would be met, subject to the conditions
2.
stated.
The proposed building and site improvements shall comply with the standards of the C -4
3.
district and the Zoning Ordinance.
The driveway opening off Century Ave must be an entrance only per the 1985 amended
subdivision agreement and limited to 20 feet in width and modify radius if needed.
4.
There must be emergency service access around the building. Fire hydrants must be located
no farther than 400 feet from the building.
5.
Exterior lighting must be indirect and shall not cause glare to adjacent properties.
6.
Exterior refuse collection area must be fully screened.
7.
Final landscape plan information must be provided to the City Arborist for final review. One
tree is required for each 800 square feet of green space.
8.
Any signage for the use will require a sign permit.
shall remain in effect as long as the conditions required by the
9.
The conditional use permit
permit are observed. Any expansion or intensification of a conditional use or change to
another conditional use requires approval of a new conditional use permit.
10.
If the proposed use fails to start operation within one year of the conditional use permit being
granted, the conditional use permit shall be deemed null and void and a new conditional use
permit must be applied for.
Requested Action:
Approval of the following:
1. Approval of the Conditional Use Permit and Site Plan Review to allow demolition and
reconstruction of building and construct a new drive thru service located at 1098 Hwy 15 S with
the conditions listed above.
q ['�))
CITY OF 11UTCHINSON
MCLEOD COUNTY, MINNESOTA
RESOLUTION NO. 14094
RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL
OF CONDITIONAL USE PERMIT AND SITE PLAN REVIEW APPLICATIONS
REQUESTED BY MCDONALDS USA LLC TO ALLOW DEMOLITION AND
RECONSTRUCTION OF BUILDING AND CONSTRUCT NEW DRIVE THRU
SERVICE LOCATED AT 1098 HWY 15 S
FACTS
1. McDonalds USA LLC is the owner of a parcel of land located at 1098 Hwy 15 S,
Hutchinson Minnesota; and,
2. The subject property is legally described as:
Lot 2, Block 2, Hutchinson Mall
3. McDonalds USA LLC has applied to the City for a site plan review and conditional
use permit to allow redevelopment of the McDonalds site at 1098 Hwy 15 S,
Hutchinson MN.
4. The Planning Commission met on January 15, 2013, and held a public hearing on the
request and considered the effects of the proposal on the health, safety, and welfare of
the occupants of the surrounding lands, existing and anticipated traffic conditions, and
the effect on values of properties in the surrounding area and consistency with the
Comprehensive Plan, and hereby recommends approval of the request subject to the
following findings and conditions:
1. The standards for granting a conditional use permit would be met, subject to the
conditions stated.
2. The proposed building and site improvements shall comply with the standards
of the C -4 district and the Zoning Ordinance.
3. The driveway opening off Century Ave must be an entrance only per the 1985
amended subdivision agreement and limited to 20 feet in width and modify
radius if needed.
4. There must be emergency service access around the building. Fire hydrants
must be located no farther than 400 feet from the building.
5. Exterior lighting must be indirect and shall not cause glare to adjacent
properties.
6. Exterior refuse collection area must be fully screened.
7. Final landscape plan information must be provided to the City Arborist for final
review. One tree is required for each 800 square feet of green space.
8. Any signage for the use will require a sign permit.
9. The conditional use permit shall remain in effect as long as the conditions
required by the permit are observed. Any expansion or intensification of a
conditional use or change to another conditional use requires approval of a new
conditional use permit.
Findings of Fact — Resolution # 14094
McDonalds conditional use permit and site plan
Page 2
10. If the proposed use fails to start operation within one year of the conditional use
permit being granted, the conditional use permit shall be deemed null and void
and a new conditional use permit must be applied for.
5. The City Council of the City of Hutchinson reviewed the requested conditional use
permit at its meeting on January 22, 2013, and has considered the recommendation and
findings of the Planning Commission and hereby does recommend approval of the
conditional use permit, subject to the following findings and conditions:
a. The proposal would meet the standards for granting a conditional use permit,
subject to the conditions stated.
b. City Council has considered the recommendation of the Planning Commission
and the effect of the proposed use on the health, safety, and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions,
and the effect on values of properties in the surrounding area and the effect of
the use on the Comprehensive Plan.
c. The Council has determined that the proposed use is in harmony with the
general purpose and intent of the Zoning Ordinance and the Comprehensive
Plan.
d. The proposed building and site improvements shall comply with the standards
of the C -4 district and the Zoning Ordinance.
e. The driveway opening off Century Ave must be an entrance only per the 1985
amended subdivision agreement and limited to 20 feet in width and modify
radius if needed.
f. There must be emergency service access around the building. Fire hydrants
must be located no farther than 400 feet from the building.
g. Exterior lighting must be indirect and shall not cause glare to adjacent
properties.
h. Exterior refuse collection area must be fully screened.
i. Final landscape plan information must be provided to the City Arborist for
final review. One tree is required for each 800 square feet of green space.
j. Any signage for the use will require a sign permit.
k. The conditional use permit shall remain in effect as long as the conditions
required by the permit are observed. Any expansion or intensification of a
conditional use or change to another conditional use requires approval of a
new conditional use permit.
APPLICABLE LAW
6. The conditional use permit request meets the following standards as required in Section
154.170 of the City of Hutchinson Municipal Code:
(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
Findings of Fact — Resolution # 14094
McDonalds conditional use permit and site plan
Page 3
(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.
CONCLUSIONS OF THE LAW
The requested conditional use permit and site plan is consistent with the comprehensive plan.
8. The proposed use will not have a substantial or undue adverse effect upon adjacent property,
character of the neighborhood, traffic conditions, utility facilities and other matters affecting
the public health, safety and general welfare.
9. The proposed 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
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Hutchinson, Minnesota, that the application to issue a conditional use permit and site plan to
allow McDonalds USA LLC to redevelop the existing site with drive thru service at 1098 Hwy
15 South, Hutchinson MN, is approved.
Adopted by the City Council this 22nd day of January, 2013.
W.01CLU
Jeremy J. Carter
City Administrator
Steven W. Cook
Mayor
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Sans Thapa, Jean Ward,
Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kent Exner, John
Paulson, Mike Bahe, Marc Sebora, Jeremy Carter, Dan Hatten, Dick Nagy, Dan
Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff
Meeting (in bold)
Date: January 7, 2013, for January 15, 2013, Planning Commission Meeting
Application: Site Plan review and conditional use permit to rebuild the McDonald's
restaurant with drive -thru on the existing lot at 1098 Hwy 15 S
Applicant: McDonalds USA LLC
1. 1111106 aW.1 1 1 0 111►1 1ZK1]`II]YY[17► /: \111I.� i�17ulYY
The applicant is requesting a site plan review for demolition and construction of a new
McDonald's Restaurant on existing lot at 1098 Hwy 15 S. The conditional use permit is to
approve the new drive -thru with second order point.
L ;) 1
Site Plan Review and Conditional Use Permit
McDonald's Restaurant - Rebuild
Planning Commission — 1115113
Page 2
GENERAL INFORMATION
Existing Zoning: C -4 (Fringe Commercial)
Property Location: 1098 Hwy 15 S
Lot Size:
Existing Land Use:
Adjacent Land Use
And Zoning:
Comprehensive
Land Use Plan:
1.4 acres
McDonald's restaurant
C -4 (Fringe Commercial)
Urban Commercial Design
Zoning History:
The area was zoned for business use in 1972. McDonald's Corp.
Accessory
received the first building permit in 1981. There have been several
Proposed
additions and modifications since the original building was constructed.
Structure
In 1986, a permit was approved for a curb opening on Century Ave. after
or
the Subdivision Agreement was amended by the City council in 1985.
The only stipulation was that the access would be an "entrance only"
Setback
drive. A permit was granted for a drive thru window in 1987. In
Setback
September, 2010, a conditional use permit and site plan review was
approved for a second order point for the drive -thru.
Applicable
Regulations:
Section 154.169 and 154.064
Building:
The proposed building is approximately 5,200 sq. ft. which includes a play
30 feet
area of approximately 800 sq. ft.
Setbacks:
The proposed building recommended setbacks and requirements for the C -4 (Fringe
Commercial) district are identified below. The plans would meet the building setbacks as
follows:
�
j
Principal
Accessory
Parking Lot
Proposed
Structure
Building
or
Structure
Setback
Setback
Circulation
Setback
Drive
Street Right of
25 feet
20 feet
10 feet
30 feet
Way
Interior Lot
20 feet
6 feet
6 feet
Existing
Line
driveway
Residential
50 feet
50 feet
20 feet
N/A
zoning
boundary
�
j
Site Plan Review and Conditional Use Permit
McDonald's Restaurant - Rebuild
Planning Commission — 1/15/13
Page 3
Landscaping: Green space is proposed through -out the development with different types of
grasses including feather reed grass, 15 deciduous trees, deciduous shrubs and coniferous shrubs
Parking: There is a paved parking lot (55 stalls) proposed with one - way -in at Century Ave SW
and two additional access openings on the west side of the lot. There are 89 seats inside the
restaurant. The proposed 55 spaces meets the City's parking requirement for this use.
Lighting and Signage:
The plans identify building lighting and signage. Sign permits will be required prior to
installation of the signage and must meet ordinance requirements. Lighting installed must be
indirect and shall not produce glare on adjacent properties or public right of ways.
Stormwater Management:
Following the final construction plan submittal and City review, address City Environmental
Specialist's SWPP comments and approval.
Analysis and
Recommendation:
The City Council deems it is necessary and appropriate to require site plan approval of
developments in certain zoning districts to preserve and promote attractive, well - planned, stable
urban conditions. In addition:
The following are standards for granting a conditional use permit:
(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.
The conditional use permit is necessary to have a drive through, per the Zoning Ordinance. The
site plan indicates there is enough room for vehicle stacking with the double order drive through
lane. Eighty (80) feet for stacking space is needed per the Zoning Ordinance. There was
significant discussion regarding the entrance off Century Ave. Staff recommends this be an
entrance only as was required by City Council in 1985.
I�U6)
Site Plan Review and Conditional Use Permit
McDonald's Restaurant - Rebuild
Planning Commission — 1/15/13
Page 4
Staff recommends approval of the conditional use permit and site plan with the following
recommendations:
1. The standards for granting a conditional use permit would be met, subject to the
conditions stated.
2. The proposed building and site improvements shall comply with the standards of the
C -4 district and the Zoning Ordinance.
3. The driveway opening off Century Ave must be an entrance only per the 1985
amended subdivision agreement.
4. There must be emergency service access around the building. Fire hydrants must be
located no farther than 400 feet from the building.
5. Exterior lighting must be indirect and shall not cause glare to adjacent properties.
6. Exterior refuse collection area must be fully screened.
7. Final landscape plan information must be provided to the City Arborist for final
review. One tree is required for each 800 square feet of green space.
8. Any signage for the use will require a sign permit.
9. The conditional use permit shall remain in effect as long as the conditions required by
the permit are observed. Any expansion or intensification of a conditional use or
change to another conditional use requires approval of a new conditional use permit.
10. If the proposed use fails to start operation within one year of the conditional use
permit being granted, the conditional use permit shall be deemed null and void and a
new conditional use permit must be applied for.
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I I I Hassan street southeast
Hutchinson, MN 55350
(320) 587 -515 I/Fax:(320) 234 -4240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349
All applications must be received at least 30 days before event in order to be considered
Application Type
❑ Short Term Date(s) .3 - �l- % 3 - 3 -1
-13 Fee:. _ -- _,.,,30.00
Month/Da /Year- Month1D
/Year ' G cl C/ !�1 -13 )0 9 -! -L.
Organization Information
l L UQ
�3 zr 3y-
Name
hone Number
ctls 4)4ans 57 SF
lh 2 utn Kati 01A1 ss_3 -Sn
Address where regular meeting are held
City State zip
Day and time of meetings? C)71 �� —rdU ; sA.J
V LE E /fC O M0N1-44
Is this organization organized under the laws of the State of Minnesota? I 'yes ❑ no
How long has the organization been inexistence?
. How may members in the organization? /S CO
What is the purpose of the organization? Cmv'[u4e'-
�E4WF 4-D0 J
in whose custody will organization records be kept?
ma o< �Atii�� < >� ��g s��ijc-wP
�l a34- 19-7 u
Name
Phone Number
GIIS ADA01 s S r 5r
�( rJ,A)S0� Y�
Address
City State zip
E E /liUcrnAAiti.d �3�1 -1.399
TrT Name Phone Number
r A) S,S3 Sa
Residence Address City State zip
Date of Birth: I l / 3C) / S 93 Place of Birth:
Month/day /year City
Have you ever been convicted of any crime other than a traffic offense? ❑ yes )(no
If yes, explain:
State
0 -)
City of Hutchinson
Application jor Bingo Gambling Devices License
Page 3 of 3
-70
or
CLUi _E13SL)2 te-
Name Title
MAJ
eililracc
Name
Residence Address City State Zip
Residence Address City State zip
Name Title
Address
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws,
ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson
Ordinance 114.20 and Minnesota Statutes Chapter 349)?
Gambling Manager Da yes L3 no Authorized Officer 16 yes ❑ no
l Initial Initial
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No.
114.20 relating to gambling and I will familiarize myself with the contents thereof.
ofauthorized officer of organization
of gambling manager of organization
City Council ❑ approved ❑ denied Notes:
Date
Date
� lc-
Clty of
I I I Hassan Street Southeast
Hutchinson, MN 55350
(320) 587 -5151 Fax: (320) 234 -4240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655
and Minnesota Statutes Chapter 349
All applications must be received at least 30 days before event in order to be considered
Apj2lication TXRe
Short Tenn Date(s) � U L V a – a U /3
Fee: $30.00
Mont D /Year – Month/Day/Year
4iolla $OAe
Or anization Information
UNIF -t fY1t1cvUF-S-( A-C CU48
3QO- 93--✓gOI
Name
Phone Number
st•4n CEN1Ugo Au 5w'
_ gQTCH1tjS01V m L— 55350
Address wher6 regular meeting are held
City State zip
Day and time of meetings? SfiTOROA 5 4b'Nf '
1-1- BOARD MEi 15L 5 CAN fi7T£ND•
Is this organization organized under the laws of the State of Minnesota? yes ❑ no
How long has the organization been in existence? i II Ao, How may members in the organization? 50c)
What is the purpose of the organization?
AGRICUtTumL 915TO J
In whose custody will organization records be kept?
LARPJ KARL
3A0 "5�3 - &y0/
—� Name
Phone Number
aaa14 3 aeon S7
PurcltiNsc>Al 1� AL 5535D
Address
City State z!
L
Information
True Name
Sac -583 —4-q0
Phone Number
2aay3 &C061 S7 Yu-rclf /NsoA(- /1 55350
Residence Address City State zip
/
DateofBirth: AUGUST I dg I /9`i/o PlaceofBirth: HU-jGHltt�56A) MV
Month /dayfyear City State
Have you ever been convicted of any crime other than a traffic
offense? ❑ yes )(no
If yes, explain:
n Lj)
City of Hutchinson
Application for Gambling Devices License
Page 2 of 3
LARK KARG 320- 59a-6y0l
True Name Phone Number
cZ��N3 -1C0 6k SiRfE -r 44 u tCHt65o& 01 N( '5' 0
Residence Address City State Zip
DateofBirth: f1UGLtST 1 a8 1 1131Nv PlaceofBirth: 8ufcN 1AJSOA( M td- .-
Month/day /year City State
Have you ever been convicted of any crime other than a traffic offense? ❑ yes *0
If yes, explain:
How long have you been a member of the organization?
Game Information
Location 41
M Lton CouNT 5R )aG&Q(JA)DS
59-7-aY99
Name of ocation where game will be played
Phone Number
4,1I0 Ce -ruEll A t SW HurcHiNsolui
—ftLf 5-5350
Address of location where game will be played City
State Zip
Date(s) and/or day(s) gambling devices will be used:
through
AM AM
Hours of the day gambling devices will be used: From 3'00 PM To 00
Maximum number of player: tI K o if R A F FL r-)
(BOrM)
Will prizes be paid in money or merchandise? money A merchandise
❑ )d no
Will refreshments be served during the time the gambling devices will be used?
yes
If yes, will a charge be made for such refreshments? ❑ yes ❑ no
Game Information
Location #2
Name of location where game will be played
Phone Number
Address of location where game will be played City
State Zip
Date(s) and/or day(s) gambling devices will be used:
through
AM AM
Hours of the day gambling devices will be used: From pM
To PM
Maximum number of player:
Will prizes be paid in money or merchandise? ❑ money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used?
❑ yes ❑ no
If yes, will a chaz a be made for such refreshments? ❑ yes ❑ no
4) u)
City of Hutchinson
Application for Gambling Devices License
Page 3 of 3
Officers of the Organizatio7jifnecessary, list additional names on separate sheet
RPri�iD Iii .a
PRESIDFN'Title
1573 1)6�` STRFr
CHIPPEIVtI FALLS
\n/r
Residence Address
City
State
Zip
n
QoP� \ "1i 6lL Sc if
V1 GE. I Dj A) T _
Name
Title
)-ACE AyE
SILVfk LAKE
MK
553H)
,�,aaoa
Residence Address
City
State
zip
L RR R KfIR
TRH4SORER
Name
Tiitl
e�
SrR�F7
Htj CN)NSCn�
�
M
55350
��a (3 aco
city
State
zip
Residence Address
Officers or Other Persons Paid for Services Information
(if necessarpp, list additional names on separate sheet
Name
Title
Residence Address
City
State
Zip
Name
Title
Residence Address
City
State
Zip
Name
Title
Residence Address
city
State
Zi
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all
laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of
Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)?
Gambling Manager yes ❑ no tX Authorized Officer .yes U1 no t 0
Initial Initial
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson
to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City
Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof.
}ANUflRJ ltc 2013
Date
JAtJttARy 1 &, 9013
of o ganizatton Date n Ld N
City Council ❑ approved ❑ denied Notes:
JAL
Hutchinson
MINNESOTA'S MANUFACTURING CITY
MEMORANDUM
Date: January 15, 2013
To: Honorable Mayor & City Council
From: Miles R. Seppelt
Economic Development Director
RE: Recommendation for vacancy on the EDA Board of Directors
Backuround
There is a vacancy on the EDA Board of Directors after Mr. Mike Retterath, site manager of 3M,
was transferred out of Hutchinson to another position with 3M.
Recommendation
After much consideration, the EDA Board would like to recommend Mr. Jonnv Block for a position
on the EDA Board of Directors.
Mr. Block has considerable business experience, connections to local industry, and served
extensively with the Hutchinson Area Chamber of Commerce.
The Board feels that Mr. Block's knowledge and experience will be a real asset to the Economic
Development Authority.
If you have any questions or need additional information, please give me a call at 234 -4223.
q (-e-)
C
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Consideration of Items for 2013 Pavement Management Program Project
(Letting No. 3/1roject No. 13 -03)
DATE: January 22, 2013
City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the
above referenced project at their February 20 meeting. City staff will be administering a Neighborhood
Meeting prior to the Public Hearing to familiarize adjacent property owners with the proposed project
improvements and potential special assessment amounts.
We recommend that the attached Resolutions be approved.
cc: Jeremy Carter, City Administrator
q (+)
RESOLUTION NO. 14095
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
LETTING NO. 31PROJECT NO. 13 -03
WHEREAS, it is proposed to improve:
Grove Street SW (5th Ave to TH 15), Brown Street SW (Division to TH 15), Glen Street SW
(5th Ave to Linden), Franklin Street SW (5th Ave to TH 15) and Division Avenue SW (Grove
to Glen); roadway overlay /rehabilitation surface milling /removal, grading, concrete curb and
gutter, bituminous base, bituminous surfacing, restoration and appurtenances; and
WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT, the proposed improvement, called Letting No. 3 /Project No. 13 -03, be referred to the Engineer for
study and that that person is instructed to report to the Council with all convenient speed advising the Council
in a preliminary way as to whether the proposed improvement is necessary, cost- effective, and feasible;
whether it should best be made as proposed or in connection with some other improvement; the estimated
cost of the improvement as recommended; and a description of the methodology used to calculate individual
assessments for affected parcels.
Adopted by the Council this 22nd day of January 2013,
Mayor: Steven W. Cook
City Administrator: Jeremy J. Carter
�) (-o
HUTCHINSON PUBLIC WORKS/ENGINEERING DEPARTMENT
Hutchinson City Center /111 Hassan St SE/Hutchinson MN 55350 - 25221320 - 234- 4209/FAX 320 - 234-4240
ENGINEERING REPORT & FEASIBILITY STUDY
TO: Mayor and City Council
FROM: Kent Exner, DPW /City Engineer
DATE: January 22, 2013
SUBJECT: Letting No. 31Project No. 13 -03
I have studied the following proposed improvements and find that the proposed project is feasible and recommend it
be constructed:
L31P13 -03 Grove Street SW (5th Ave to TH 15), Brown Street SW (Division to TH 15), Glen Street SW (5th Ave to
Linden), Franklin Street SW (5th Ave to TH 15) and Division Avenue SW (Grove to Glen); roadway
overlay /rehabilitation surface milling/removal, grading, concrete curb and gutter, bituminous base,
bituminous surfacing, restoration and appurtenances.
ESTIMATED COST
TN$350000.00
Construction Cost
$180,000.00
City - Bonding
$264000.00
En ineerin
$0'00
$0.00
Administntdon-
$0.00
FiscaUL aUlnterest
0
En ineerin Services
0
ESTIMATED TOTAL
ESTIMATED FUNDING
TOTAL
Assessable Cost
$180,000.00
City - Bonding
$264000.00
City - Water Funds
$0'00
$0.00
City - Wastewater Funds
$0.00
Ci - Stormwater Uouty Funds
$0.00
Municipat State Aid
$0.00
Federal Aid '
$444,009.0 0
ESTIMATED TOTAL
RESOLUTION NO. 14096
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
LETTING NO. 31PROJECT NO. 13 -03
WHEREAS, pursuant to a resolution of the Council adopted January 22nd, 2013, a report has been
prepared by Kent Exner, Public Works Director /City Engineer with reference to the following proposed
improvements:
Grove Street SW (5th Ave to TH 15), Brown Street SW (Division to TH 15), Glen Street SW
(5th Ave to Linden), Franklin Street SW (5th Ave to TH 15) and Division Avenue SW (Grove
to Glen); roadway overlay /rehabilitation surface milling /removal, grading, concrete curb and
gutter, bituminous base, bituminous surfacing, restoration and appurtenances; and
said report was received by the Council on January 22nd, 2013
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. The Council will consider the improvement of such street(s)s in accordance with the report and the
assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota
Statutes, Chapter 429, at an estimated total cost of the improvement of $444,000.00.
2. A public hearing shall be held on such proposed improvements on the 26th day of February, 2013,
in the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and
published notice of such hearing and improvements as required by law.
Adopted by the Hutchinson City Council this 22nd day of January, 2013.
Mayor: Steven W. Cook
City Administrator: Jeremy J. Carter
PUBLICATION NO. 7964
NOTICE OF HEARING ON IMPROVEMENT
LETTING NO.3
PROJECT NO. 13 -03
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the
Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the 26th day of February, 2013,
to consider the making of an improvement of Letting No. 1 /Project No. 13 -01, an improvement of:
Grove Street SW (5th Ave to TH 15), Brown Street SW (Division to TH 15), Glen Street SW
(5th Ave to Linden), Franklin Street SW (5th Ave to TH 15) and Division Avenue SW (Grove
to Glen); roadway overlay /rehabilitation surface milling /removal, grading, concrete curb and
gutter, bituminous base, bituminous surfacing, restoration and appurtenances; and
pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such
improvement is the benefited property, for which property owners shall receive mailed notice.
The estimated City cost of said improvement is $264,000.00 and an estimated Assessable cost of
$180,000.00, for the total estimated cost of $444,000.00. A reasonable estimate of the impact of the
assessment will be available at the hearing. Such persons as desire to be heard with reference to the
proposed improvement will be heard at this meeting.
Dated: 01122/2013
Jeremy J. Carter, City Administrator
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR
AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE
REPRESENTATION OF OPINION.
PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, FEBRUARY 13TH, 2013 AND
WEDNESDAY, FEBRUARY 20TH, 2013.
HUTCHINSON CITY COUNCIL
SUMMARY OF CLOSED MEETING PROCEEDINGS
CITY ADMINISTRATOR ANNUAL PERFORMANCE REVIEW SESSION
January 8, 2013
On January 8, 2013, the Hutchinson City Council closed its meeting at 4:06 p.m. to conduct the
annual performance review for the City Administrator, Jeremy Carter. Individuals present
included Hutchinson Mayor Steve Cook, City Council members Bill Arndt, Mary Christensen,
and Chad Czmowski, City Administrator Jeremy Carter, City Attorney Marc Sebora, and Human
Resources Director Brenda Ewing. Mr. Carter exercised his right to close the proceedings to the
public.
Motion by Mr. Arndt, second by Ms. Christensen, to close the meeting at 4:06 p.m. The motion
passed unanimously. The Council then proceeded into a closed session.
Council member Gary Forcier joined the closed session at 4:18 p.m.
The Council reviewed with Mr. Carter his performance for the period of January 1 through
December 31, 2012. Mr. Carter's performance in the following categories was reviewed by the
Council: Organizational Management, Fiscal /Business Management, Program Development,
Relationship & Communication with the Council, Long -Range Planning, and Relationship with
Public & Outside Organizations.
The appraisal system allows an individual to be rated on the scale of ratings range including
Unsatisfactory (1), Needs Improvement (2), Meets Job Requirements (3), Exceeds Job
Requirements (4), and Outstanding (5). The consensus of the Council is that Mr. Carter's
cumulative performance for the review period was found to be outstanding on the ratings scale.
The City Administrator communicated the following initiatives he has established for 2013:
• Finalize City Policy review of Sections 2 & 3
• Organizational structure & review
• Communication Channel
• Finalize Performance Measurement Initiative
• Finalize Standard "Request for Board Action Form" and review process for the Council
packet
• Develop Business & Strategic short-term and long -range goals with Creekside Staff
• Enterprise Funds 5 -year budgeting
• Payment is Lieu of Taxes (PILOT) Discussion with Hutchinson Utilities Commission
(HUC) Board Meeting Communication
• Other Council Initiatives
The Council established the following priorities for the City administrator for 2013:
• Implementation of Performance Measurement Initiative
• Implementation of the Volunteer Program
• PILOT Discussion and Revision of Payment Formula
• "Hutchinson as a Destination" Initiatives
Motion by Mr. Czmowski to establish a performance appraisal score of 4.26 that equates to a 3%
increase effective March 3, 2013, second by Ms. Christensen. Motion passed unanimously.
Motion by Mr. Arndt, second by Mayor Cook, to open the closed proceedings at 5:26 p.m. The
motion passed unanimously.
Motion by Mr. Arndt, second by Mr. Czmowski, to adjourn the meeting at 5:26 p.m. The motion
passed unanimously.
1�5j
CITY OF HUTCHINSON
R55CKREG LOG22001VO Council Check Register
1/9- 1/22/13 1/16/2013
Check a
Ck Date
Amount
Vendor/ Explanation
Account Description
174019
1/22/2013
190.15
1ST LINE /LEEWES VENTURES
OPERATING SUPPLIES
174020
1/22/2013
230.00
AARP
PROFESSIONAL SERVICES
174021
1/22/2013
191.00
ACCUWEATHER INC
OTHER CONTRACTUAL
174023
1/22/2013
359.32
ACE HARDWARE
REPAIR & MAINTENANCE SUPPLIES
174024
1/22/2013
575.00
ALEX AIR APPARATUS INC
CONTRACT REPAIR & MAINTENANCE
174025
1/22/2013
473.44
ALPHA WIRELESS
COMMUNICATIONS
174026
1/22/2013
100.00
AMEM
DUES & SUBSCRIPTIONS
174027
1/22/2013
112.80
AMERICAN BOTTLING CO
COST OF MIX & SOFT DRINKS
174028
1/22/2013
90.85
AMERICAN FAMILY INS CO.
ACCRUED LIFE INSURANCE
174029
1/22/2013
74.00
AMERICAN WATER WORKS ASSOC.
DUES & SUBSCRIPTIONS
174030
1/22/2013
10.85
AMERICAN WELDING & GAS
CENTRAL GARAGE REPAIR
174031
1/22/2013
73.10
AMERIPRIDE SERVICES
CONTRACT REPAIR & MAINTENANCE
174032
1/22/2013
660.47
ANIMAL MEDICAL CENTER ON CROW
OTHER CONTRACTUAL
174033
1/22/2013
46.64
ARCTIC GLACIER PREMIUM ICE INC
COST OF MIX & SOFT DRINKS
174034
1/22/2013
271.36
ARROW TERMINAL LLC
EQUIPMENT PARTS
174035
1/22/2013
145.04
ARROWHEAD SCIENTIFIC INC
OPERATING SUPPLIES
174036
1/22/2013
327.00
ASCAP
DUES & SUBSCRIPTIONS
174037
1/22/2013
336.00
ASHWILL INDUSTRIES INC
REPAIR & MAINTENANCE SUPPLIES
174038
1/22/2013
179.47
AUTO VALUE - GLENCOE
EQUIPMENT PARTS
174039
1/22/2013
390.00
BCA
TELEPROCESSING EQUIP
174040
1/22/2013
310.00
BCA /TRAINING & DEVELOPMENT
TRAVEL SCHOOL CONFERENCE
174041
1/22/2013
945.98
BECKER ARENA PRODUCTS
REPAIR & MAINTENANCE SUPPLIES
174042
1/22/2013
339.07
BERGER PLUMBING HEATING AC
REPAIR & MAINTENANCE SUPPLIES
174043
1/22/2013
403.16
BERNICK'S
FOOD PRODUCTS- CONCESSION
174044
1/22/2013
4,728.15
BERRY, DAWN
HOUSING REHAB LOANS
174045
1/22/2013
548.44
BLUETARP FINANCIAL INC.
EQUIPMENT PARTS
(� 174046
1/22/2013
23.50
BNO SHEET METAL INC
REPAIR & MAINTENANCE SUPPLIES
3 174047
1/22/2013
240.00
BOLTON & MENK INC.
PROFESSIONAL SERVICES
174048
1/22/2013
450.00
BOND TRUST SERVICES CORPORATIO
PAYING AGENT FEES
174049
1/22/2013
450.00 BOND TRUST SERVICES CORPORATIO
PAYING AGENT FEES
174050
1/22/2013
450.00 BOND TRUST SERVICES CORPORATIO
PAYING AGENT FEES
174051
1/22/2013
450.00 BOND TRUST SERVICES CORPORATIO
PAYING AGENT FEES
174052
1/22/2013
450.00 BOND TRUST SERVICES CORPORATIO
PAYING AGENT FEES
174053
1/22/2013
450.00 BOND TRUST SERVICES CORPORATIO
PAYING AGENT FEES
174054
1/22/2013
450.00 BOND TRUST SERVICES CORPORATIO
PAYING AGENT FEES
174055
1/22/2013
450.00 BOND TRUST SERVICES CORPORATIO
PAYING AGENT FEES
174056
1/22/2013
100.00 BOND TRUST SERVICES CORPORATIO
PAYING AGENT FEES
174057
1/22/2013
450.00 BOND TRUST SERVICES CORPORATIO
PAYING AGENT FEES
174058
1/22/2013
105.38 BRANDON TIRE CO
RECEIVED NOT VOUCHERED
174059
1/22/2013
136.01 BUSHMAN, RAQUEL
FOOD PRODUCTS- CONCESSION
174060
1/22/2013
124.51 BUSINESSWARE SOLUTIONS
OFFICE SUPPLIES
174061
1/22/2013
33,859.15 C & L DISTRIBUTING
COST OF SALES -BEER
174062
1/22/2013
119.60 CALIFORNIA CONTRACTORS SUPPLIE
REPAIR & MAINTENANCE SUPPLIES
174063
1/22/2013
65.00 CARS ON PATROL SHOP LLC
PROFESSIONAL SERVICES
174064
1/22/2013
4,190.18 CDW GOVERNMENT, INC
SMALL TOOLS
174065
1/22/2013
979.62 CENTRAL HYDRAULICS
REPAIR & MAINTENANCE SUPPLIES
174066
1/22/2013
188.50 CENTRAL LANDSCAPE SUPPLY
RECEIVED NOT VOUCHERED
174067
1/22/2013
536.20 CENTRAL MCGOWAN
RECEIVED NOT VOUCHERED
174068
1/22/2013
5,268.96 CHEMISOLV CORP
CHEMICALS & PRODUCTS
174069
1/22/2013
306.42 COLLINS BROTHERS
COST OF MIX & SOFT DRINKS
174070
1/22/2013
216.70 COMDATA CORPORATION
OPERATING SUPPLIES
174071
1/22/2013
29.36 CONNECT CARE
ACCOUNTS PAYABLE MANUAL
174072
1/22/2013
3,542.04 CRABTREE COMPANIES, INC.
DATA PROC EQUIPMENT RENTAL
174073
1/22/2013
384.85 CROW RIVER AUTO & TRUCK REPAIR
AUTOMOTIVE REPAIR
174074
1/22/2013
30.00 CROW RIVER GLASS & SIGNS
CENTRAL GARAGE REPAIR
174075
1/22/2013
3,842.00 CROW RIVER OFFICIALS ASSN
OTHER CONTRACTUAL
174076
1/22/2013
105.00 CROW RIVER PRESS INC
PRINTING & PUBLISHING
174077
1/22/2013
4,456.26 DAY DISTRIBUTING
COST OF SALES -BEER
174078
1/22/2013
3,111.73 DIRECT PLASTICS GROUP
RECEIVED NOT VOUCHERED
174079
1/22/2013
44.95 DRIVERS LICENSE GUIDE CO
DUES & SUBSCRIPTIONS
174080
1/22/2013
778.32 DROP -N -GO SHIPPING, INC
PRINTING & PUBLISHING
(�
174081
1/22/2013
222.20 DYNA SYSTEMS
REPAIR & MAINTENANCE SUPPLIES
174082
1/22/2013
3,251.11 E2 ELECTRICAL SERVICES INC
CONTRACT REPAIR & MAINTENANCE
174083
1/22/2013
188.10 ECOLAB PEST ELIM
RECEIVED NOT VOUCHERED
174084
1/22/2013
212.72 ECONO FOODS
OPERATING SUPPLIES
174085
1/22/2013
963.51 ELECTRO WATCHMAN
OTHER CONTRACTUAL
174086
1/22/2013
6,543.76 ENVIRONMENTAL SYSTEMS RESEARCH
DATA PROC EQUIPMENT RENTAL
174087
1/22/2013
346.50 EXTREME BEVERAGE LLC
COST OF MIX & SOFT DRINKS
174088
1/22/2013
259.37 FASTENAL COMPANY
REPAIR & MAINTENANCE SUPPLIES
174089
1/22/2013
5,263.59 FENSKE'S STUMP REMOVAL
CONTRACT REPAIR & MAINTENANCE
174090
1/22/2013
123.84 FIELDSTONE VINEYARDS
COST OF SALES -WINE
174091
1/22/2013
339.80 FIRST CHOICE FOOD & BEVERAGE S
OPERATING SUPPLIES
174092
1/22/2013
291.80 G & K SERVICES
OPERATING SUPPLIES
174093
1/22/2013
10.00 G.R. DANIELS TRUCKING, INC.
CENTRAL GARAGE REPAIR
174094
1/22/2013
96.90 GA INDUSTRIES LLC
EQUIPMENT PARTS
174095
1/22/2013
3,200.00 GAVIN, OLSON & WINTERS, LTD
PROFESSIONAL SERVICES
174096
1/22/2013
70.00 GEB ELECTRICAL INC
CONTRACT REPAIR & MAINTENANCE
174097
1/22/2013
569.76 GLACIAL RIDGE WINERY
COST OF SALES -WINE
174098
1/22/2013
4,230.00 GOODPOINTE TECHNOLOGY
PROFESSIONAL SERVICES
174099
1/22/2013
220.00 GOVERNMENT TRAINING SERVICES(
TRAVEL SCHOOL CONFERENCE
174100
1/22/2013
821.31 GREEN LIGHTS RECYCLING
DUE FROM UTILITIES
174101
1/22/2013
114.00 GROUP MOBILE
CENTRAL GARAGE REPAIR
174102
1/22/2013
554.12 H.A.R.T.
ACCRUED DEFERRED COMP
174103
1/22/2013
17.63 HAGER JEWELRY INC.
OPERATING SUPPLIES
174104
1/22/2013
586.04 HASLER, INC
RENTALS
174105
1/22/2013
914.79 HATTEN, DANIEL
OFFICE SUPPLIES
174106
1/22/2013
3,347.12 HAWKINS INC
CHEMICALS & PRODUCTS
174107
1/22/2013
5,035.11 HD SUPPLY WATERWORKS LTD
METERS & METER PARTS
174108
1/22/2013
51.09 HED, MARILYN
TRAVEL SCHOOL CONFERENCE
174109
1/22/2013
286.44 HENRYS FOODS INC
FOOD PRODUCTS - CONCESSION
174110
1/22/2013
236.82 HEWLETT - PACKARD CO
DUE FROM UTILITIES
174111
1/22/2013
823.41 HILLYARD / HUTCHINSON
CLEANING SUPPLIES
174112
1/22/2013
6,748.45 HOISINGTON KOEGLER GROUP INC
PROFESSIONAL SERVICES
174113
1/22/2013
1,613.56 HOLT MOTORS INC
CENTRAL GARAGE REPAIR
174114
1/22/2013
1,608.00 HOT WIRE ELECTRIC
CONTRACT REPAIR & MAINTENANCE
!�
174115
1/22/2013
1,097.50 HRA
HRATRANSFER
�j
174116
1/22/2013
501.25 HUTCH CAFE
OPERATING SUPPLIES
OPERATING SUPPLIES
COMMON AREA MAINTENANCE
LODGING TAX REIMBURSEMENT
MOTOR FUELS & LUBRICANTS
PRINTING & PUBLISHING
OPERATING SUPPLIES
STREET LIGHTING UTILITIES
RECEIVED NOT VOUCHERED
UTILITIES
MISCELLANEOUS
DUES & SUBSCRIPTIONS
REFUNDS & REIMBURSEMENTS
CONTRACT REPAIR & MAINTENANCE
TRAVEL SCHOOL CONFERENCE
EQUIPMENT PARTS
OPERATING SUPPLIES
SAFETY SUPPLIES
OFFICE SUPPLIES
FREIGHT
CONTRACT REPAIR & MAINTENANCE
COST OF SALES -BEER
COST OF SALES- LIQUOR
CONTRACT REPAIR & MAINTENANCE
PRINTING & PUBLISHING
ADVERTISING
TRAVEL SCHOOL CONFERENCE
TRAVEL SCHOOL CONFERENCE
ADVERTISING
TRAVEL SCHOOL CONFERENCE
ADVERTISING
REPAIR & MAINTENANCE SUPPLIES
TRAVEL SCHOOL CONFERENCE
EMPL.HEALTH & INS. BENEFIT
EMPL.HEALTH & INS. BENEFIT
174117
1/22/2013
615.00
HUTCHINSON AREA CHAMBER OF COM
174118
1/22/2013
1,457.00
HUTCHINSON AREA HEALTH CARE
174119
1/22/2013
228.15
HUTCHINSON CONVENTION & VISITO
174120
1/22/2013
6,584.89
HUTCHINSON CO -OP
174121
1/22/2013
5,490.24
HUTCHINSON LEADER
174122
1/22/2013
208.00
HUTCHINSON PUBLIC SCHOOLS
174123
1/22/2013
156,316.28
HUTCHINSON UTILITIES
174124
1/22/2013
63.93
HUTCHINSON WHOLESALE
174125
1/22/2013
3,572.41
HUTCHINSON, CITY OF
174126
1/22/2013
4,000.00
HUTCHINSON, CITY OF
174127
1/22/2013
25.00
ICMA
174128
1/22/2013
831.50
INDEPENDENT SCHOOL DIST #423
174129
1/22/2013
1,880.00
I N FRATECH
174130
1/22/2013
266.00
INTERNATIONAL CODE COUNCIL INC
174131
1/22/2013
235.02
INTERSTATE BATTERY SYSTEM MINN
174132
1/22/2013
101.53
INTOXIMETERS INC
174133
1/22/2013
5,975.82
JACK'S UNIFORMS & EQUIPMENT
174134
1/22/2013
80.55
JACOBSEN, SEPTEMBER
174135
1/22/2013
350.00
JE TRANSPORT LLC
174136
1/22/2013
550.40
JEFF'S ELECTRIC
174137
1/22/2013
843.75
A TAYLOR DIST OF MN
174138
1/22/2013
56,893.83
JOHNSON BROTHERS LIQUOR CO.
174139
1/22/2013
2,165.00
JUUL CONTRACTING CO
174140
1/22/2013
94.50
KARP FM RADIO
174141
1/22/2013
761.00
KDUZ KARP RADIO
174142
1/22/2013
130.87
KOBOW, BECKY
174143
1/22/2013
18.00
KOSEK, ANDREW
174144
1/22/2013
204.00
KQIC -Q102
174145
1/22/2013
129.99
KUZCA, CHAD
174146
1/22/2013
1,425.00
L & M SUPPLY
174147
1/22/2013
26.44
L & P SUPPLY CO
174148
1/22/2013
7.61
LARSON, QUENTIN
r�
174149
1/22/2013
805.55
LIFE INSURANCE COMPANY OF AMER
�j
174150
1/22/2013
1,194.02
LIFE INSURANCE COMPANY OF AMER
OPERATING SUPPLIES
COMMON AREA MAINTENANCE
LODGING TAX REIMBURSEMENT
MOTOR FUELS & LUBRICANTS
PRINTING & PUBLISHING
OPERATING SUPPLIES
STREET LIGHTING UTILITIES
RECEIVED NOT VOUCHERED
UTILITIES
MISCELLANEOUS
DUES & SUBSCRIPTIONS
REFUNDS & REIMBURSEMENTS
CONTRACT REPAIR & MAINTENANCE
TRAVEL SCHOOL CONFERENCE
EQUIPMENT PARTS
OPERATING SUPPLIES
SAFETY SUPPLIES
OFFICE SUPPLIES
FREIGHT
CONTRACT REPAIR & MAINTENANCE
COST OF SALES -BEER
COST OF SALES- LIQUOR
CONTRACT REPAIR & MAINTENANCE
PRINTING & PUBLISHING
ADVERTISING
TRAVEL SCHOOL CONFERENCE
TRAVEL SCHOOL CONFERENCE
ADVERTISING
TRAVEL SCHOOL CONFERENCE
ADVERTISING
REPAIR & MAINTENANCE SUPPLIES
TRAVEL SCHOOL CONFERENCE
EMPL.HEALTH & INS. BENEFIT
EMPL.HEALTH & INS. BENEFIT
174151
1/22/2013
15,349.75 LOCHER BROTHERS INC
COST OF SALES -BEER
174152
1/22/2013
24,685.00 LOGIS
DATA PROC EQUIPMENT RENTAL
174153
1/22/2013
840.00 MACQUEEN EQUIP INC
CONTRACT REPAIR & MAINTENANCE
174154
1/22/2013
269.99 MAGNUSSON, BRIAN
UNIFORMS & PERSONAL EQUIP
174155
1/22/2013
12.26 MATHESON TRI -GAS INC
RENTALS
174156
1/22/2013
270.00 MAXFIELD RESEARCH INC
DUE FROM HRA
174157
1/22/2013
229.79 MAYTAG LAUNDRY & CAR WASH
PROFESSIONAL SERVICES
174158
1/22/2013
400.00 MCLEOD COUNTY COURT ADMINISTRA
OTHER REVENUES
174159
1/22/2013
39,445.31 MCLEOD COUNTY HIGHWAY DEPT.
STREET MAINT.MATERIALS
174160
1/22/2013
45.00 MCPA
DUES & SUBSCRIPTIONS
174161
1/22/2013
95,935.71 MEDICA
DUE TO EMPLOYEE INSURANCE
174162
1/22/2013
161.81 MEECE, JAMES
ACCOUNTS PAYABLE MANUAL
174163
1/22/2013
516.22 MENARDS HUTCHINSON
OPERATING SUPPLIES
174164
1/22/2013
30.00 MESSAGE MEDIA
COMMUNICATIONS
174165
1/22/2013
528.20 MILLNER HERITAGE VINEYARD & WI
COST OF SALES -WINE
174166
1/22/2013
85.83 MINI BIFF
RENTALS
174167
1/22/2013
290.00 MINNESOTA CHIEFS OF POLICE ASS
DUES & SUBSCRIPTIONS
174168
1/22/2013
20.00 MINNESOTA DEPT OF PUBLIC SAFET
DUES & SUBSCRIPTIONS
174169
1/22/2013
1,654.00 MINNESOTA RECREATION & PARK AS
DUES & SUBSCRIPTIONS
174170
1/22/2013
285.00 MINNESOTA SPORTS FEDERATION
MISCELLANEOUS
174171
1/22/2013
360.00 MINNESOTA STATE FIRE DEPT ASSN
DUES & SUBSCRIPTIONS
174172
1/22/2013
180.39 MINNESOTA UNEMPLOYMENT INSURAN MISCELLANEOUS
174173
1/22/2013
3,575.60 MINNESOTA VALLEY TESTING LAB
OTHER CONTRACTUAL
174174
1/22/2013
192.00 MINNESOTA WINEGROWERS COOPERAI COST OF SALES -WINE
174175
1/22/2013
1,831.49 MMC
CONTRACT REPAIR & MAINTENANCE
174176
1/22/2013
1,495.49 MN DEPT OF LABOR & INDUSTRY /CO
LICENSES & TAXES
174177
1/22/2013
455.00 MN TRANSPORTATION ALLIANCE
DUES & SUBSCRIPTIONS
174178
1/22/2013
364.44 MODERN TOWING
PROFESSIONAL SERVICES
174179
1/22/2013
614.84 MOTION INDUSTRIES INC
RECEIVED NOT VOUCHERED
174180
1/22/2013
221.00 MRPA
MISCELLANEOUS
174181
1/22/2013
109.99 NADEAU, GREG
UNIFORMS & PERSONAL EQUIP
174182
1/22/2013
384.00 NCPERS LIFE INS.
ACCRUED LIFE INSURANCE
174183
1/22/2013
1,169.50 NEW FRANCE WINE
COST OF SALES -WINE
174184
1/22/2013
506.85 NORTH CENTRAL LABORATORIES
CHEMICALS & PRODUCTS
174185
1/22/2013
107.18 NORTHERN SAFETY & INDUSTRIAL
SAFETY SUPPLIES
174186
1/22/2013
234.99 NORTHERN STATES SUPPLY INC
EQUIPMENT PARTS
174187
1/22/2013
27.74 NUSS TRUCK & EQUIPMENT
EQU I PM ENT PARTS
174188
1/22/2013
4,178.58 NU- TELECOM
COMMUNICATIONS
174189
1/22/2013
37.00 OFFICE OF ENTERPRISE TECHNOLOG
TELEPROCESSING EQUIP
174190
1/22/2013
195.04 O'REILLY AUTO PARTS
CENTRAL GARAGE REPAIR
174191
1/22/2013
477.57 PAKOR INC
OPERATING SUPPLIES
174192
1/22/2013
7,195.59 PAUSTIS & SONS WINE CO
COST OF SALES -WINE
174193
1/22/2013
12,724.13 PHILLIPS WINE &SPIRITS
COST OF SALES -WINE
174194
1/22/2013
138.00 POSTMASTER
POSTAGE
174195
1/22/2013
1,450.22 PREMIER TECH PACKAGING
RECEIVED NOT VOUCHERED
174196
1/22/2013
193.89 PRO -BUILD
REPAIR & MAINTENANCE SUPPLIES
174197
1/22/2013
333.33 QUADE ELECTRIC
OPERATING SUPPLIES
174198
1/22/2013
3,025.34 QUALITY FLOW SYSTEMS
CONTRACT REPAIR & MAINTENANCE
174199
1/22/2013
202.00 QUARTERMASTER
UNIFORMS & PERSONAL EQUIP
174200
1/22/2013
94.50 R & R SPECIALTIES INC
REPAIR & MAINTENANCE SUPPLIES
174201
1/22/2013
111.52 RDO EQUIPMENT CO.
174202
1/22/2013
15.00 REGION V EMERGENCY MGMT ASSN
DUES & SUBSCRIPTIONS
174203
1/22/2013
100.00 RENVILLE COUNTY SHERIFF DEPT
PROFESSIONAL SERVICES
174204
1/22/2013
263.14ROYALTIRE
CENTRAL GARAGE REPAIR
174205
1/22/2013
1,065.56 RUNNING'S SUPPLY
OPERATING SUPPLIES
174206
1/22/2013
440.00 RUTLEDGE, LENNY
RECREATION ACTIVITY FEES
174207
1/22/2013
91.23 SALTMAN LLC
OPERATING SUPPLIES
174208
1/22/2013
1,138.03 SAM'S CLUB
FOOD PRODUCTS- CONCESSION
174209
1/22/2013
369.00 SAM'S TIRE SERVICE
RECEIVED NOTVOUCHERED
174210
1/22/2013
392.91 SCHIROO ELECTRICAL REBUILDING
RECEIVED NOT VOUCHERED
174211
1/22/2013
61.00 SCHMELING OIL CO
MOTOR FUELS & LUBRICANTS
174212
1/22/2013
128.25 SCOTT'S WINDOW CLEANING SERVIC
CONTRACT REPAIR & MAINTENANCE
174213
1/22/2013
33.90 SEBORA, MARC
TRAVEL SCHOOL CONFERENCE
174214
1/22/2013'
10,374.55 SEH
PROFESSIONAL SERVICES
174215
1/22/2013
207.67 SEPPELT, MILES
CARALLOWANCE - TRAVEL
174216
1/22/2013
100.00 SHAW, KAREN
PROFESSIONAL SERVICES
(-
174217
1/22/2013
900.00 SOIL CONTROL LAB
RECEIVED NOT VOUCHERED
174218
1/22/2013
1,029.06 SOUTH CENTRAL COLLEGE
TRAVEL SCHOOL CONFERENCE
174219
1/22/2013
55,413.42 SOUTHERN WINE & SPIRITS OF MN
COST OF SALES- LIQUOR
174220
1/22/2013
357.64 SPS COMMERCE
RECEIVED NOT VOUCHERED
174221
1/22/2013
1,290.72 STAPLES ADVANTAGE
OFFICE SUPPLIES
174222
1/22/2013
79.30 STAR TRIBUNE
DUES & SUBSCRIPTIONS
174223
1/22/2013
25.00 STATE OF MINNESOTA DEPT OF PUB
PERMITS
174224
1/22/2013
823.00 STURGES' STEVE
BUILDING REPAIRS
174225
1/22/2013
10.20 TARGET BANK
OPERATING SUPPLIES
174226
1/22/2013
72.45 TASC
FLEX ADMINISTRATION FEE
174227
1/22/2013
7.25 THOMPSON, DENEIL
TRAVEL SCHOOL CONFERENCE
174228
1/22/2013
664.69 THOMSON WEST
OPERATING SUPPLIES
174229
1/22/2013
202.11 TITAN MACHINERY
CENTRAL GARAGE REPAIR
174230
1/22/2013
256.69 TRANSPORTATION SAFETY APPAREL
SAFETY SUPPLIES
174231
1/22/2013
42.36 TRI COUNTY WATER
EQUIPMENT PARTS
174232
1/22/2013
440.00 TRIMBO, DAVID
PROFESSIONAL SERVICES
174233
1/22/2013
256.98 US BANK HOME MORTGAGE
ACCOUNTS PAYABLE MANUAL
174234
1/22/2013
66.22 USA BLUE BOOK
EQUIPMENT PARTS
174235
1/22/2013
69.95 VERTECH SOLUTIONS & SERVICES
CONTRACT REPAIR & MAINTENANCE
174236
1/22/2013
4,348.08 VIKING BEER
COST OF SALES -BEER
174237
1/22/2013
186.20 VIKING COCA COLA
COST OF MIX & SOFT DRINKS
174238
1/22/2013
47,455.10 WASTE MANAGEMENT OF WI -MN
REFUSE - LANDFILL CHARGES
174239
1/22/2013
458.95 WATER CONSERVATION SERVICE INC
CONTRACT REPAIR & MAINTENANCE
174240
1/22/2013
8,632.00 WEBB PALLET
RECEIVED NOT VOUCHERED
174241
1/22/2013
60.00 WELCOME NEIGHBOR
ADVERTISING
174242
1/22/2013
1,289.77 WELLS FARGO
COMMUNICATION MAINTENANCE
174243
1/22/2013
354.18 WEST CENTRAL STEEL INC
CENTRAL GARAGE REPAIR
174244
1/22/2013
3,287.21 WINE MERCHANTS INC
COST OF SALES -WINE
174245
1/22/2013
350.00 WINSTED AREA CHAMBER OF COMMER PRINTING & PUBLISHING
174246
1/22/2013
72,058.99 WIRTZ BEVERAGE MINNESOTA
COST OF SALES- LIQUOR
174247
1/22/2013
297.00 WOODLAND HILL VINEYARDS LLC
COST OF SALES -WINE
174248
1/22/2013
200.00 YOUNG - DICKENS, CHRISTENA
RENTS -BLDGS OTHER
822,242.25 Grand Total
Payment Instrument
Totals
Check Total
822,242.25
Total Payments
822,242.25
TAX
ELECTRONIC FUNDS TRANSFERS
1/22/2013
FUND
FUEL
HATS
SALES TAX
LIQUOR
USE TAX
PRCE CIVIC ARENA
SALES & USE TAX WATER SEWER CREEKSIDE
PAYABLE TO AMOUNT
MN DEPT OF REV
MN DEPT OF REV
MN DEPT OF REV
MN DEPT OF REV
$2,313.92
$59,734.00
$333.00
$11,016.00
$73,396.92
q
PAYROLL ELECTRONIC FUNDS TRANSFERS
PAYROLL DATE: 1/11/2013
Period Ending Date: 1/5/2013
$56,910.62 IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
$10,642.42 MN Department of Revenue
State Withholding Tax
$38,404.52 Public Employee Retirement Association
Employee /Employer PERA/DCP Contributions
$2,293.21 TASC
Employee Flex Spending Deductions
$10,983.41 TASC
Employee Contributions to Heath Savings Account
Employer Contributions to Heath Savings Account
$525.00 MNDCP
Employee Contributions - Deferred Comp
$1,340.00 ING
Employee Contributions - Deferred Comp
$1,230.00 ICMA Retirement Trust
Employee Contributions - Deferred Comp
$827.89 MN Child Support System
Employee Deductions
$0.00 MSRS - Health Savings Plan
Employee Deductions to Health Savings Plan
$123,157.07 Total Electronic Funds Transfer
PAYROLL ELECTRONIC FUNDS TRANSFERS
PAYROLL DATE: 01/25/2013 Sick Leave Pay Out Checks
Period Ending Date: 01/18/2013
$6,237.94 IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
$1,145.30 MN Department of Revenue
State Withholding Tax
$0.00 Public Employee Retirement Association
Employee /Employer PERA/DCP Contributions
$0.00 TASC
Employee Deductions Health Savings Account
$0.00 MSRS - Health Savings Plan
Employee Deductions to Health Savings Plan
$7,383.24 Total Electronic Funds Transfer
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TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Public Hearing for Jefferson Street SE Reconstruction Phase 1 Project
(Letting No. 1 /Project No. 13 -01)
DATE: January 22, 2013
City staff administered a neighborhood meeting on Wednesday, January 9`", with property owners adjacent to the
proposed project referenced above. Please see the attached Neighborhood Meeting Notice (mailed to all property
owners) and Neighborhood Meeting Information Sheet (provided to meeting attendees) documents.
Following a brief project overview by City staff and potential public comments, stab will request that the City move
forward with the final preparation ofEroject plans /specifications and future advertisement forbids. The anticipated bid
opening date is Thursday, March 14 (10:30 AM).
We recommend that the attached Resolutions be approved.
cc: Jeremy Carter, City Administrator
g(-P.-)
RESOLUTION NO. 14097
RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO. 1 1PROJECT NO. 13 -01
WHEREAS, a resolution of the City Council adopted the 27th day of December, 2011, fixed a date for
a Council Hearing on the following improvements:
Jefferson Street SE from Washington Ave to Oakland Ave by roadway reconstruction, curb
and gutter, drain tile installation, bituminous/concrete surfacing, storm water /drainage, water
distribution, sanitary sewer, street lighting, sidewalks, landscaping, restoration and
appurtenances.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report.
2. Such improvement is hereby ordered as proposed in the resolution adopted the 20th day of
December 2012.
3. Such improvement has no relationship to the comprehensive municipal plan.
4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare
plans and specifications for the making of such improvement.
5. The City Council declares its official intent to reimburse itself for the costs of the improvement from
the proceeds of tax exempt bonds.
Adopted by the Council this 22nd day of January 2013.
Mayor: Steven W. Cook
City Administrator: Jeremy J. Carter
(CL—)
RESOLUTION NO. 14098
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
LETTING NO. 1 /PROJECT NO. 13 -01
WHEREAS, the Director of Engineering /Public Works has prepared plans and specifications for the following
described improvement:
Jefferson Street SE from Washington Ave to Oakland Ave by roadway reconstruction, curb
and gutter, drain tile installation, bituminous /concrete surfacing, storm water /drainage, water
distribution, sanitary sewer, street lighting, sidewalks, landscaping, restoration and
appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby
approved.
2. The Director of Engineering /Public Works shall prepare and cause to be inserted in the official newspaper,
the City of Hutchinson Web -Site and in Finance and Commerce, an advertisement for bids upon the making of
such improvements under such approved plans and specifications. The advertisement shall be published for
three weeks, shall specify the work to be done, shall state that bids will be received by the Director of
Engineering /Public Works until 10:30 am on Thursday, April 11th, 2013, at which time they will be publicly
opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of
Engineering /Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the
Council at 6:00 pm on Tuesday, May 28th, 2013 in the Council Chambers of the Hutchinson City Center,
Hutchinson, Minnesota.
Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to
address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the
Director of Engineering /Public Works and accompanied by cash deposit, cashier's check, bid bond or certified
check payable to the City of Hutchinson for 5 percent of the amount of such bid.
Adopted by the Hutchinson City Council this 22nd day of January 2013.
Mayor: Steven W Cook
City Administrator: Jeremy J. Carter
Lc)
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Neighborhood
Notice
Letting No. 1 /Project No. 13 -01
Jefferson Street SE Reconstruction Phase 1
Wednesday, January 9th ♦ 5:30 PM to 7:00 PM(5:45 PMpresentation)
Hutchinson City Center (111 Hassan St. SE) ♦ City Council Chambers
INTRODUCTION
The City of Hutchinson would appreciate the opportunity to review the upcoming Jefferson Street SE
Reconstruction project with you. At this time, project construction is anticipated to start in the
spring/summer of 2013. The intent of this meeting is to provide a general project review and discuss the
preliminary roadway corridor layout. There also will be some initial information provided regarding
potential property assessments associated with this project.
PROPOSED PROJECT IMPROVEMENTS
The project area consists of the Jefferson Street SE corridor from Washington Ave. to Oakland Ave.
This street has been identified as needing repair by the City's Pavement Management Program. Per City
staff s review, this roadway is being selected for improvement during the 2013 construction season based on
the current pavement condition index rating and the timing of the most cost - effective improvement method.
At this point, this proposed project is only being considered and is subject to not being addressed this coming
construction season depending on City Council approvals and/or City funding limitations.
The proposed project will consist of a full reconstruction of the existing roadway surface /section, full utility
(water & sanitary sewer) replacements /upgrades, drainage /storm sewer improvements, draintile installation,
signing/striping, street lighting, sidewalks and restoration. Fortunately, a portion of the proposed work
required to accomplish this extensive project will be funded by the City's Municipal State Aid allotment,
however, the remainder of the work will need to be funded by City bonds and property special assessments.
At this point, the proposed project area has been established, but the details of the anticipated improvements
are subject to change depending on public, City staff and City Council input.
HEARINGS/PROCESS
This Neighborhood Meeting is the first step in the process. This meeting will be an informal discussion
regarding the project that allows City staff to communicate preliminary information regarding what the
project is proposed to include and to provide a preliminary estimate of specific property assessments to
property owners. This informal discussion will allow individual questions/comments to be heard and for a
general review of the project to occur prior to the first official hearing required by the formal project
assessment process.
The first official hearing, the Public Hearing, is scheduled to occur at the January 22 °d City Council
meeting (6:00 PM). This meeting will be televised and is the formal presentation of the proposed project to
the City Council. Public input time is included and welcomed at this meeting. Approval at this hearing does
not mean that the project will be constructed as presented. This will be the point at which a formal decision
will be made by the City Council as to whether or not City staff should continue the special assessment
g
process and move on to the next step of completing the project plans /specifications with the understanding
that actual bids for completing the work will be requested.
The second official hearing, the Assessment Hearing, would be during another City Council meeting after
receiving the bids (most likely in March or April). City staff would prepare final assessment amounts for
each property, and mail them out in advance of the meeting. At this hearing, property owners will then be
given the opportunity to comment on the merits of both the project and the proposed amount of the
assessments. Questions, thoughts and concerns regarding the project or associated assessments would be
heard by the City Council, and official action on whether or not to award the project work for construction
would be taken. To formally contest an assessment, a written/signed objection letter must be provided to the
City Administrator prior to or at the Assessment Hearing. This action then allows you, the property owner,
to appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice
of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment
(typically the Assessment Hearing date) and filing such notice with the District Court within ten days after
service upon the Mayor or City Administrator.
ASSESSMENTS
As described above, this project is considered to be a full reconstruction project, thus a portion of the total
cost of these improvements will be assessed to the adjacent private properties per the City's Special
Assessment Policy. The estimated public assessments appear to be consistent and fair with respect to past
City improvement projects. Per currently identified funding sources and the recent assessment calculations,
a significant portion of the overall project cost will still be incurred by City Municipal State Aid and bonding
funds.
At this time, City staff estimates that adjacent properties' assessments will include all or a portion of the
following items:
• General Assessment - $68 per lineal foot of roadway frontage (rate per proposed 34' roadway width)
• Water Service Assessment - $750 - $1,250
• Sanitary Sewer Service Assessment - $1,250 - $1,750
• Commercial/Industrial Water Service Assessment — $1,750 - $2,250
At the above estimated average rates, a typical 66' -wide residential lot would incur an assessment of $6,988.
SCHEDULE & CONSTRUCTION ITEMS
As previously mentioned, construction is anticipated to start in the springisummer of 2013. The project
should be completed within one construction season (weather dependent) excluding final paving and
potentially some restoration work. At this time, we encourage adjacent property owners to plan for the
relocation of irrigation systems, invisible dog fences, personal landscaping features, etc. from the roadway
right -of -way (typically extends 15' from the street edge). Also, project staff will be contacting specific
property owners to request permission (right -of -entry form) to properly construct a grading match to your
lawns /driveways /landscaping features and install utility service pipes.
GENERAL INFORMATION
Please feel free to contact Kent Exner /City Engineer at 234 -4209 or kexne .ci.hutchinson.mn.us if you have
any questions, comments or concerns that you would like addressed. City staff would be willing to meet at
your property to further discuss the proposed improvements.
Thank you for your time and consideration!
?L)
January 9, 2013 ♦ 5:30 — 7:00 PM ♦ City Council Chambers
Project Scope
STREET RECONSTRUCTION — Jefferson Street SE (Washington to Oakland) - Roadway reconstruction, curb and
gutter, draintile installation, bituminous/concrete surfacing, stormwater /drainage, water distribution, sanitary sewer, street
lighting, trails /sidewalks, landscaping, restoration and appurtenances
Estimated Project Costs & Fundine
Estimated Construction Cost $ 1,565,000
Estimated Project Expenses $ 41500
Estimated Total Project Cost $1,980,600
City Bonding
$ 640,600
Improvement Assessments
$ 310,000
Municipal State Aid
$ 400,000
Wastewater Fund
$ 315,000
Water Fund
$ 315,000
Stormwater Fund
$ 0
Estimated Funding
$ 1,980,600
City Pays For
• Street Rehabilitation — about 50% of pavement, curb replacements, draintile, storm sewer and restoration costs
• Partial Street Reconstruction — about 50% of pavement, curb installation, draintile, storm sewer and restoration costs
• Full Street Reconstruction — about 50% of pavement, curb installation, draintile, storm sewer and restoration cost
• Mill & Overlay — about 50% of pavement, curb replacements, structure adjustments and restoration costs
• Alley Reconstruction — about 50% of pavement, grading, drainage improvements and restoration costs
• Sanitary Sewer & Water Main Improvements— 100%
Property Owner Pays For
• Residential/Commercial Streets — about 50% of Street Rehab, Partial Street Recon, Full Street Recon, Mill & Overlay and
Alley Recon costs
• Water /Sanitary Sewer Services - in areas of new main construction ($750 - 1250/1° water, $175042250/6" water (deferred),
$1250-1750/6" sewer)
• Proposed Assessment Rates (per City Policy)
o Street Rehabilitation $47.50/Frontage Foot
o Partial Street Reconstruction $60.00/Frontage Foot
o Full Street Reconstruction $6&00/Frontage Foot (rate per 34' width)
• Mill & Overlay $30.00/Frontage Foot
• Alley Reconstruction $40.00/Frontage Foot
• Estimated Total Assessment for Typical City Lot (66' width)
o Street Rehabilitation w /sanitary sewer & water services $6,988
• NOTES: 1. Methods and amounts of estimated assessments are subject to change.
2. Assessments allocated to properties over a 10 year term (interest rate estimated to be 4 to 6 %).
U L)
N
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Consideration of Drainage & Utility Easement Acquisition at #40 Airport Road
DATE: January 22, 2013
Per previous discussions at the Resource Allocation Committee, City staff has developed plans to extend the trunk water
and sanitary sewer mains across Airport Road SE (immediately south of Menards) in conjunction with the proposed TH
15 & CSAH 115 (Airport Rd) Roundabout project. At your upcoming City Council meeting, City staff will provide
detailed improvement information and outline the necessary costs /efforts to obtain the required property easement rights
at the above referenced address.
cc: Jeremy Carter, City Administrator
1 1l-)
r
Marc A. Sebora, City Attorney
Office of the City Attorney 111 Hassan street SE
Hutchinson, MN 55350 -2522
320 - 587- 5151/Fax 320 - 234 -4201
Memorandum
To: The Hutchinson City Council
From: Marc A. Sebora, City Attorney
Re: Creation of Ordinance Section 123 - Pertaining to Mobile Food Carts
Council Members:
Within the past couple of years, Hutchinson has seen the arrival of mobile food cart vendors in
the downtown area. As this type of service was new to Hutchinson, the City attempted to
regulate the activities of these vendors through our existing transient merchant license ordinance.
Last summer, City administration received complaints from downtown merchants regarding
mobile food cart vendors and their conduct which did not fit in the regulations pertaining to
transient merchants. The complaints centered mostly on state regulation of food offered by food
cart vendors, where food carts could be located and food cart signage. As a result, it became
apparent that City administration needed to formulate licensing provisions and regulations
specifically for food cart vendors.
As a discussion starting point, I have attached a draft ordinance which attempts to lay the
groundwork for basic mobile food cart regulations and expectations of food cart licensees.
These are open for elimination, addition or revision as the Council sees fit.
I will be present at the City Council meeting to answer questions you may have regarding this
suggested ordinance.
Printed on recycled paper - � 1 1 )
ORDINANCE NO. 13 -0704 — AN ORDINANCE ADOPTING SECTION 123 OF THE
HUTCHINSON CITY CODE PERTAINING TO FOOD VENDORS
The City Council hereby ordains:
Section 123 — Food Vendors
123.01. Definitions.
(A) Mobile food cart: a non - motorized cart from which prepackaged or ready -to -eat foods are
sold to the public.
123.02. License required.
(A) It is unlawful for any person to engage in the business of selling items from a mobile food
cart in the City of Hutchinson without having obtained the proper license therefore.
123.03. Requirements
(A) All persons applying for a mobile food cart license shall first have obtained all proper
licenses from the State of Minnesota.
(B) All mobile food cart licensees shall be properly insured.
(C) All mobile food carts shall have a self - contained generator which is screened from view.
(D) All food cart licensees shall have a waste receptacle available to patrons and are responsible
for all litter and waste generated by the food cart operation.
(E) All food cart signage shall be affixed to the food cart only.
(F) All mobile food carts shall prominently display all relevant state and local licenses and
permits
123.04 Restrictions.
(A) It is unlawful for any mobile food cart licensee to engage in the following activities:
1.) To operate a mobile food cart within 100 feet of a restaurant
I NCO
2.) To operate a food cart within 500 feet of any festival, fair or civic event.
3.) To operate a mobile food cart between the hours of 9:00 PM and 9:00 AM.
4.) To disobey any order of the Hutchinson Police Department.
5.) To operate a mobile food cart on any public right of way, sidewalk, public parking lot
or park.
123.04. Violations
(A) Violations of any portion of this section are punishable as a misdemeanor and are grounds
for the revocation of the mobile food cart license in accordance with section 110.03 of the
Hutchinson City Code.
Adopted by the City Council this
day of
ATTEST:
2013
Steven W. Cook, Mayor Jeremy J. Carter, City Administrator
m .)r>)
N
Marc A. Sebora, City Attorney
Office of the City Attorney 111 Hassan sweet
Hutchinson, MN 55350 -2522 22
320-587-5151/Fact 320. 234.4201
Memorandum
To: The Hutchinson City Council
From: Marc A. Sebora, City Attorney
Re: Creation of Ordinance Section 123 - Pertaining to Mobile Food Carts
Council Members:
Within the past couple of years, Hutchinson has seen the arrival of mobile food cart vendors in
the downtown area. As this type of service was new to Hutchinson, the City attempted to
regulate the activities of these vendors thorough our existing transient merchant license
ordinance.
Last summer, City administration received complaints from downtown merchants regarding
mobile food cart vendors and their conduct which did not fit in the regulations pertaining to
transient merchants. The complaints centered mostly on state regulation of food offered by food
cart vendors, where food carts could be located and food cart signage. As a result, it became
apparent that City administration needed to formulate licensing provisions and regulations
specifically for food cart vendors.
As a discussion starting point, I have attached a draft ordinance which attempts to lay the
groundwork for basic mobile food cart regulations and expectations of food cart licensees.
These are open for elimination, addition or revision as the Council sees fit.
1 will be present at the City Council meeting to answer questions you may have regarding this
suggested ordinance.
Printed on recycled paper -
\UD)
ORDINANCE NO. 13 -0704 — AN ORDINANCE ADOPTING SECTION 123 OF THE
HUTCHINSON CITY CODE PERTAINING TO FOOD VENDORS
The City Council hereby ordains:
Section 123 — Food Vendors
123.01. Definitions.
(A) Mobile food cart: a non - motorized cart from which prepackaged or ready -to -eat foods are
sold to the public.
123.02. License required.
(A) It is unlawful for any person to engage in the business of selling items from a mobile food
cart in the City of Hutchinson without having obtained the proper license therefor.
123.03. Requirements
(A) All persons applying for a mobile food cart license shall first have obtained all proper
licenses from the State of Minnesota.
(B) All mobile food cart licensees shall be properly insured.
(C) All mobile food carts shall have a self- contained generator which is screened from view.
(D) All food cart licensees shall have a waste receptacle available to patrons and are responsible
for all litter and waste generated by the food cart operation.
(E) All food cart signage shall be affixed to the food cart only.
(F) All mobile food carts shall prominently display all relevant state and local licenses and
permits
123.04 Restrictions.
(A) It is unlawful for any mobile food cart licensee to engage in the following activities:
1.) To operate a mobile food cart within 100 feet of a restaurant
1N)
2.) To operate a food cart within 500 feet of any festival, fair or civic event.
3.) To operate a mobile food cart between the hours of 9:00 PM and 9:00 AM.
4.) To disobey any order of the Hutchinson Police Department.
5.) To operate a mobile food cart on any public right of way, sidewalk, public parking lot
or park.
123.04. Violations
(A) Violations of any portion of this section are punishable as a misdemeanor and are grounds
for the revocation of the mobile food cart license in accordance with section 110.03 of the
Hutchinson City Code.
Adopted by the City Council this
Steven W. Cook, Mayor
day of
ATTEST:
2013.
Jeremy J. Carter, City Administrator
Ur)
r:
Marc A. Sebora, City Attorney
Office of the City Attorney 111 Hassan Street se
Hutchinson, MN 55350.2522
320. 587- 5151/Fax 320 -234 -4201
Memorandum
To: The Hutchinson City Council
From: Marc A. Sebora, City Attorney
Re: Revisions to Ordinance Section 93.01 Pertaining to Animals in the City Of Hutchinson
Council Members:
Over the past few years, Hutchinson Police Services and the Planning Department have
encountered instances where homeowners have had increasing numbers of pets in their homes.
Under our current ordinance, there is no limit to the number of dogs or cats in which a
homeowner can have. Under some circumstances this has presented nuisance situations to
neighboring properties and has endangered the health and safety of the animal owners
themselves. In an effort to control this, Hutchinson Police Services in conjunction with the
Planning Department have surveyed City ordinances of several other Minnesota communities to
determine how other communities have dealt with limiting the number of pets households have.
Their survey has shown that, indeed, many other communities do limit the number of pets had in
households and, based on their research, it is the suggestion of City staff that owners should be
limited to 4 dogs and /or cats with a limit of 3 of either species.
Attached you will find proposed revisions of Hutchinson's animal ordinance. The section
dealing with limiting the number of dogs and cats is contained in section 93.17.
Ordinance section 93.24 (C) contains a section pertaining to barking dogs disturbing the peace.
In the past, our ordinance has been very difficult to enforce because the ordinance requires dogs
to be barking for time periods of at least 5 minutes with less than a 1 minute quieting between
the intervals of barking. This has been difficult to show both to dog owners and the courts. City
staff is proposing a change to that section which would eliminate the time requirement to make
the ordinance easier to enforce and to provide relief to people subjected to the noises of nearby
dogs.
Other proposed changes include:
1. Requiring dogs and cats to be leashed while on public lands — section 93.18
2. A reduction in the length of time impound records need to be retained from 3 to 6
months — section 93.21 (A) (5)
3. The elimination of the antiquated term "poundmaster" and substitution with the phrase
"Police Department" therefore in sections 93.22, 93.26 (A) (1), and (2)
City staff recommends approval of this ordinance and will be present at the Council meeting to
answer any questions you may have about the proposed changes.
Thank you.
Printed on recycled paper- k t I L�)
ORDINANCE NO. 13 -0705 — AN ORDINANCE AMENDING CHAPTER 93 OF THE
HUTCHINSON CITY CODE — ANIMALS
The City Council hereby ordains:
General Provisions
93.01 Animal waste; removal required
93.02 Dangerous animals
93.03 Dangerous animal requirements
Dogs and Cats
93.15 Definitions
93.16 Exceptions; police dogs, service animals
93.17 Animal Limits
93.184-7 Running at large prohibited
93.194-8 License required
93.204 -9 License issuance; fees; tag required
93.2128 Impoundment; notice; release
93.2224 Seizure by citizen
93.2322 Immobilization of animal
93.2423 Unlawful acts
93.2524 Summary destruction; grounds
93.262 -5 Rabies control; bites, quarantine, reporting
93.2726 Animals in heat
93.282 -7 Additional grounds for impoundment
Animals and Fowl
93.40 Definitions
93.41 Keeping restrictions
93.42 Transport restrictions
93.43 Treatment and housing
93.44 Trespasses prohibited
GENERAL PROVISIONS
§ 93.01 ANIMAL WASTE; REMOVAL REQUIRED.
(A) Definitions. For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
ANIMAL. A dog, cat or other animal.
OWNER. Any person who harbors, feeds, boards, possesses, keeps or has custody of an
animal.
(B) Unlawful acts. It is unlawful for any owner to:
1 1 L)
(1) Suffer or permit an animal to defecate upon public property, or the private
property of another, without immediately removing the excrement and disposing of it in a
sanitary manner;
(2) Suffer or permit an animal to be upon public property, or the private
property of another, unless the animal is in the custody of a person of suitable age and discretion
having in his or her possession equipment and supplies for excrement removal; or
(3) Permit animal excrement to accumulate for a period in excess of seven
days on premises occupied by him or her without removal and sanitary disposal.
('89 Code, § 10.08) Penalty, see § 10.99
§ 93.02 DANGEROUS ANIMALS.
(A) Attack by an animal. It shall be unlawful for any person's animal to inflict or
attempt to inflict bodily injury to any person or other animal whether or not the owner is present.
This section shall not apply to an attack by a dog under the control of an on -duty law
enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home
with criminal intent.
(B) Destruction of dangerous animal. The Animal Control Officer shall have the
authority to order the destruction of dangerous animals in accordance with the terms established
by this chapter.
(C) Definitions. For the purpose of this division, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
(1) DANGEROUS ANIMAL. An animal which has:
a) Caused bodily injury or disfigurement to any person on public or
private property;
(b) Engaged in any attack on any person under circumstances which
would indicate danger to personal safety;
(c) Exhibited unusually aggressive behavior, such as an attack on
another animal;
(d) Bitten one or more persons on two or more occasions; or
(e) Been found to be potentially dangerous and /or the owner has
personal knowledge of the same, the animal aggressively bites, attacks, or endangers the safety
of humans or domestic animals.
(2) POTENTIALLY DANGEROUS ANIMAL. An animal which has:
(a) Bitten a human or a domestic animal on public or private property;
(b) When unprovoked, chased or approached a person upon the streets,
sidewalks, or any public property in an apparent attitude of attack; or
(c) Has engaged in unprovoked attacks causing injury or otherwise
threatening the safety of humans or domestic animals.
i� [C-)
(3) PROPER ENCLOSURE. Securely confined indoors or in a securely
locked pen or structure suitable to prevent the animal from escaping and to provide protection for
the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a
house, garage, or other structure that would allow the animal to exit of its own volition, or any
house or structure in which windows are open or in which door or window screens are the only
barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the
animal in any manner without human assistance. A pen or kennel shall meet the following
minimum specifications:
(a) Have a minimum overall floor size of 32 square feet.
(b) Sidewalls shall have a minimum height of five feet and be
constructed of 11 -gauge or heavier wire. Openings in the wire shall not exceed two inches,
support posts shall be 1'/4 -inch or larger steel pipe buried in the ground 18 inches or more. When
a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in the
ground.
(c) A cover over the entire pen or kennel shall be provided. The cover
shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no
openings in the wire greater than two inches.
(d) An entrance /exit gate shall be provided and be constructed of the
same material as the sidewalls and shall also have no openings in the wire greater than two
inches. The gate shall be equipped with a device capable of being locked and shall be locked at
all times when the animal is in the pen or kennel.
(4) UNPROVOKED. The condition in which the animal is not purposely
excited, stimulated, agitated or disturbed.
(D) Designation as potentially dangerous animal. The Animal Control Officer shall
designate any animal as a potentially dangerous animal upon receiving evidence that the
potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the
safety of a person or a domestic animal as stated in division (C)(2). When an animal is declared
potentially dangerous, the Animal Control Officer shall cause one owner of the potentially
dangerous animal to be notified in writing that the animal is potentially dangerous.
(E) Evidence justifying designation. The Animal Control Officer shall have the
authority to designate any animal as a dangerous animal upon receiving evidence of the
following:
(1) That the animal has, when unprovoked, bitten, attacked, or threatened the
safety of a person or domestic animal as stated in division (C)(1).
(2) That the animal has been declared potentially dangerous and the animal
has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in
division (C)(1).
(F) Authority to order destruction. The Animal Control Officer, upon finding that an
animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that
the animal be destroyed based on a written order containing one or more of the following
findings of fact:
� 1 Lc)
(1) The animal is dangerous as demonstrated by a vicious attack, an
unprovoked attack, an attack without warning or multiple attacks; or
(2) The owner of the animal has demonstrated an inability or unwillingness to
control the animal in order to prevent injury to persons or other animals.
(G) Procedure. The Animal Control Officer, after having determined that an animal is
dangerous, may proceed in the following manner: The Animal Control Officer shall cause one
owner of the animal to be notified in writing or in person that the animal is dangerous and may
order the animal seized or make orders as deemed proper. This owner shall be notified as to
dates, times, places and parties bitten, and shall be given 14 days to appeal this order by
requesting a hearing before the City Council for a review of this determination.
(1) If no appeal is filed, the Animal Control Officer shall obtain an order or
warrant authorizing the seizure and the destruction of the animal from a court of competent
jurisdiction, unless the animal is already in custody or the owner consents to the seizure and
destruction of the animal.
(2) If an owner requests a hearing for determination as to the dangerous nature
of the animal, the hearing shall be held before the City Council, which shall set a date for hearing
not more than three weeks after demand for the hearing. The records of the Animal Control or
City Administrator's office shall be admissible for consideration by the Animal Control Officer
without further foundation. After considering all evidence pertaining to the temperament of the
animal, the City Council shall make an order as it deems proper. The City Council may order
that the Animal Control Officer take the animal into custody for destruction, if the animal is not
currently in custody. If the animal is ordered into custody for destruction, the owner shall
immediately make the animal available to the Animal Control Officer. If the owner does not
immediately make the animal available, the Animal Control Officer shall obtain an order or
warrant authorizing the seizure and the destruction of the animal from a court of competent
jurisdiction.
(3) No person shall harbor an animal after it has been found by to be
dangerous and ordered into custody for destruction.
(H) Stopping an attack. If any police officer or Animal Control Officer is witness to
an attack by an animal upon a person or another animal, the officer may take whatever means the
officer deems appropriate to bring the attack to an end and prevent further injury to the victim.
(1) Notification of new address. The owner of an animal which has been identified as
dangerous or potentially dangerous shall notify the Animal Control Officer in writing if the
animal is to be relocated from its current address or given or sold to another person. The
notification shall be given in writing at least 14 days prior to the relocation or transfer of
ownership. The notification shall include the current owner's name and address, the relocation
address, and the name of the new owner, if any.
Penalty, see § 10.99
§ 93.03 DANGEROUS ANIMAL REQUIREMENTS.
CC-)
(A) Requirements. If the City Council does not order the destruction of an animal that
has been declared dangerous, the City Council may, as an alternative, order any or all of the
following:
(1) That the owner provide and maintain a proper enclosure for the dangerous
animal as specified in § 93.02(C)(3);
(2) Post the front and the rear of the premises with clearly visible warning
signs, including a warning symbol to inform children, that there is a dangerous animal on the
property as specified in M.S. § 347.5 1, as may be amended from time to time;
(3) Provide and show proof annually of public liability insurance in the
minimum amount of $300,000;
(4) If the animal is a dog and is outside the proper enclosure, the dog must be
muzzled and restrained by a substantial chain or leash (not to exceed six feet in length) and under
the physical restraint of a person 16 years of age or older. The muzzle must be of a design as to
prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere
with its vision or respiration;
(5) If the animal is a dog, it must have an easily identifiable, standardized tag
identifying the dog as dangerous affixed to its collar at all times as specified in M.S. § 347.5 1, as
it may be amended from time to time, and shall have a microchip implant as provided by M.S. §
347.151, as it may be amended from time to time;
(6) All animals deemed dangerous by the Animal Control Officer shall be
registered with the county in which this city is located within 14 days after the date the animal
was so deemed and provide satisfactory proof thereof to the Animal Control Officer.
(7) If the animal is a dog, the dog must be licensed and up to date on rabies
vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination.
(B) Seizure. As authorized by M.S. § 347.54, as it may be amended from time to time,
the Animal Control Officer shall immediately seize any dangerous animal if the owner does not
meet each of the above requirements within 14 days after the date notice is sent to the owner that
the animal is dangerous. Seizure may be appealed to district court by serving a summons and
petition upon the city and filing it with the district court.
(C) Reclaiming animals. A dangerous animal seized under division (B), may be
reclaimed by the owner of the animal upon payment of impounding and boarding fees and
presenting proof to animal control that each of the requirements under division (B), is fulfilled.
An animal not reclaimed under this section within 14 days may be disposed of as provided under
§ 93.02(F), and the owner is liable to the city for costs incurred in confining and impounding the
animal.
(D) Subsequent offenses. If an owner of an animal has subsequently violated the
provisions under § 93.02 with the same animal, the animal must be seized by animal control. The
owner may request a hearing as defined in § 93.02(F). If the owner is found to have violated the
provisions for which the animal was seized, the Animal Control Officer shall order the animal
destroyed in a proper and humane manner and the owner shall pay the costs of confining the
animal. If the person is found not to have violated the provisions for which the animal was
seized, the owner may reclaim the animal under the provisions of § 93.03(C). If the animal is not
yet reclaimed by the owner within 14 days after the date the owner is notified that the animal
I I ( C-)
may be reclaimed, the animal may be disposed of as provided under § 93.02(F) and the owner is
liable to the animal control for the costs incurred in confining, impounding and disposing of the
animal.
DOGS AND CATS
§ 93.15 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ANIMAL. A dog or cat.
DANGEROUS ANIMAL. An animal which has caused damage to property or injury to
a person, or which animal, by its actions, exhibits a propensity for causing imminent danger to
persons.
DOG. Both male and female and includes any animal of the dog kind.
OWN. To have a property interest in, or to harbor, feed, board, keep or possess.
OWNER. A person who owns an animal hereby regulated.
('89 Code, § 10.06)
§ 93.16 EXCEPTIONS; POLICE DOGS, SERVICE ANIMALS.
The provisions of this subchapter shall not apply to the ownership or use of seeing -eye
dogs by blind persons, or dogs used in police activities of the city, such as canine corps or
tracking dogs used by or with the permission of the Police Department. If the animal owned is a
service animal which is capable of being properly identified as from a recognized school for
seeingeye, hearing ear, service or guide animals, and the owner is a blind or deaf person, or a
person with physical or sensory disabilities, then no license shall be required.
('89 Code, § 10.06)
93.17 Animal Limits.
No person shall own, harbor, keep or have custody of a combination of more than four dogs and
cats, no more than three of which may be dogs or cats over three months
§ 93.184 -7 RUNNING AT LARGE PROHIBITED.
It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or
cat, to run at large. A person, who owns, harbors, or keeps a dog or cat which runs at large shall
be guilty of a misdemeanor. Dogs or cats on a leash and controlled by a reasonable person shall
be permitted in streets or on public land unless prohibited with signs reading "Dogs and Cats
Prohibited ". Dogs or cats who are under the control and direction of a responsible person so as
to be effectively restrained by command or by leash shall be permitted only on private property
at the consent of the property owner or in a public area designated as such. Dogs of era
vehiele, building or enelestife.
('89 Code, § 10.06) Penalty, see § 10.99
tc-)
§ 93.194 -8 LICENSE REQUIRED.
It is unlawful for the owner of any animal, six months of age or more, to fail to obtain a
license therefore from the city.
('89 Code, § 10.06) Penalty, see § 10.99
§ 93.203 79 LICENSE ISSUANCE; FEES; TAG REQUIRED.
(A) License issuance, term and renewal. All animal licenses shall be issued only upon
presentation of a certificate issued by a veterinarian, licensed to practice veterinary medicine in
this state, showing rabies immunization of the animal for at least the term of the license. All
animal licenses shall expire on December 31. Application for license renewal, accompanied by a
veterinarian's certificate, shall be made at least 30 days prior to expiration of the license.
(B) Adoption of fees. All fees for the licensing, impounding and maintenance of
animals, including penalties for late application, may be fixed and determined by the Council,
adopted by ordinance, and uniformly enforced. The fees may from time to time be amended by
the Council by ordinance. A copy of the ordinance setting forth currently effective fees shall be
kept on file in the office of the City Administrator and open to inspection during regular business
hours.
(C) Tag required. All licensed animals shall wear a collar and have a tag firmly
affixed thereto evidencing a current license. A duplicate for a lost tag may be issued by the city
upon presentation of the receipt showing the payment of the duplicate license fee. Tags shall not
be transferable, and no refund shall be made on any license fee because of leaving the city or
death of the animal before the expiration of the license.
('89 Code, § 10.06) Penalty, see § 10.99
§ 93.2120 IMPOUNDMENT; NOTICE; RELEASE.
(A) Animal pound. Any animal found in the city without a license tag, running at
large, or otherwise in violation of this subchapter, shall be placed in the animal pound, and an
accurate record of the time of placement shall be kept on each animal. Any Animal Control
Officer or police officer may impound any dog or other animal found unlicensed or any animal
found running at large and shall give notice of the impounding to the owner of the dog or other
animal, if known. All animals conveyed to the pound shall be kept, with humane treatment and
sufficient food and water for their comfort, at least five regular business days, unless the animal
is a dangerous animal in which case it shall be kept for seven regular business days or the times
specified, and except if the animal is a cruelly- treated animal in which case it shall be kept for
ten regular business days, unless sooner reclaimed by their owners or keepers as provided by this
section. In case the owner or keeper shall desire to reclaim the animal from the pound, the
following shall be required, unless otherwise provided for in this code or established from time
to time by resolution of the City Council:
(1) Payment of the release fee and receipt of a release permit as established by
ordinance, as that ordinance may be amended from time to time.
(2) Payment of maintenance costs, as provided by the pound, per day or any
part of day while animal is in the pound; and
(3) If a dog is unlicensed, payment of a regular license fee as established by
ordinance, as that ordinance may be amended from time to time, and valid certificate of
vaccination for rabies and distemper shots is required.
11 tc)
(4) For the purpose of this section, the following definition shall apply unless
the context clearly indicates or requires a different meaning.
REGULAR BUSINESS DAY. One during which the pound is open for
business to the public for at least four hours between 8:00 a.m. and 7:00 p.m.
(5) Impoundment records shall be preserved for at least three 4X-months and
shall show:
(a) The description of the animal by species, breed, sex, approximate
age and other distinguishing traits;
(b) The location at which the animal was seized;
(c) The date of seizure;
(d) The name and address of the person from whom any animal three
months of age or over was received; and
(e) The name and address of the person to whom any animal three
months of age or over was transferred.
(6) If unclaimed, the animal shall be humanely destroyed and the carcass
disposed of, unless it is requested by a licensed educational or scientific institution under
authority of M.S. § 35.71, as it may be amended from time to time. Provided, however, that if a
tag affixed to the animal, or a statement by the animal's owner after seizure specifies that the
animal should not be used for research, the animal shall not be made available to any of this type
of institution but may be destroyed after the expiration of the five -day period.
(B) Notice of impounding. Upon the impounding of any animal, the owner shall be
notified by the most expedient means. , of if the owner is ttrAmewn vffWe~ na4iee shall be
posted fey five days at the Ci4y Hall deseribing the aniffial and the plaee end time ef taking.
(C) Release from animal pound. Animals shall be released to their owners, as
follows:
(1) If the animal is owned by a resident of the city, after purchase of a license,
if unlicensed, and payment of the impounding fee, maintenance and immunization fee; or
(2) If the animal is owned by a person not a resident of the city, after
immunization of the animal for rabies, and payment of the impounding fee and maintenance.
('89 Code, § 10.06) Penalty, see § 10.99
§ 93.2224 SEIZURE BY CITIZEN.
It is lawful for any person to seize and impound an animal so found running at large and
the person shall within six hours thereafter notify the Police Department Poundfaaste of the
seizure. It shall be the duty of the Police Department Poundmaste to place the animal in the
City Pound. If the name of the owner of the animal so seized is known to the person who first
takes the animal into custody, he or she shall inform the Police Department der of the
name of the owner, and the address if known.
('89 Code, § 10.06)
§ 93.23 IMMOBILIZATION OF ANIMAL.
For the purpose of enforcement of this subchapter, any peace officer or person whose
duty is animal control may use a so- called tranquilizer gun or other instrument for the purpose of
immobilizing and catching an animal.
I 1 tc-�
('89 Code, § 10.06)
§ 93.2423 UNLAWFUL ACTS.
It is unlawful for the owner of any animal to:
(A) Fail to have the license tag issued by the city firmly attached to a collar worn at
all times by the licensed animal;
(B) Interfere with any police officer, or other city employee, in the performance of his
or her duty to enforce this subchapter;
(C) Dogs disturbing the peace. It shall be unlawful for any person to own, keep, have
in possession, or harbor any dog which by frequent and habitual howling, yelping, barking, or
otherwise, produce noise that unreasonably disturbs the peace, quiet, or repose of a person or
persons of ordinary sensibility, provided that the provisions of this section shall not apply to duly
authorized hospitals or clinics conducted for the treatment of small animals. Sara
i ffte...,als of at least five fninu.,......:a. less than one minute of inte......ptia. The barking must also
be audible off of the owner's or caretaker's premises.
('89 Code, § 10.06) Penalty, see § 10.99
§ 93.25-24 SUMMARY DESTRUCTION; GROUNDS.
If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and that animal
cannot be impounded after a reasonable effort or cannot be impounded without serious risk to the
person attempting to impound, the animal may be destroyed in a humane manner.
('89 Code, § 10.06)
§ 93.2623 RABIES CONTROL; BITES, QUARANTINE, REPORTING.
(A) Rabies control.
(1) Every animal which bites a person shall be promptly reported to the Chief
of Police or designee der and shall thereupon be securely quarantined at the direction
of the Chief of Police or designee Poundmaster for a period of 14 days, and shall not be released
from quarantine except by written permission of the city. In the discretion of the Chief of Police,
the quarantine may be on the premises of the owner or at the veterinary hospital of his or her
choice. If the animal is quarantined on the premises of the owner, the city shall have access to
the animal at any reasonable time for study and observation of rabies symptoms. In the case of a
stray animal or in the case of an animal whose ownership is not known, the quarantine shall be at
the animal pound, or at the discretion of the Chief of Police the animal may be confined in a
veterinary hospital designated by him or her.
(2) The owners, upon demand made by the Police Department Peaxdmaste�
or by any other city employee empowered by the Council to enforce this subchapter, shall
forthwith surrender any animal which has bitten a human, or which is suspected as having been
exposed to rabies, for the purpose of supervised quarantine. The expenses of the quarantine shall
be borne by the owner and the animal may be reclaimed by the owner if adjudged free of rabies
upon payment of fees set forth in this subchapter and upon compliance with licensing provisions
set forth in this subchapter.
(3) When an animal under quarantine and diagnosed as being rabid or
suspected by a licensed veterinarian as being rabid dies or is killed, the city shall immediately
�' (C-)
send the head of the animal and rabies data report to the State Health Department for
pathological examination and shall notify all persons concerned of the results of the examination.
(4) The city shall issue proclamation and take action when rabies is suspected
or exists as is required by Minnesota Statutes.
(B) Reports of bite cases. It is the duty of every physician, or other practitioner, to
report to the Chief of Police the names and addresses of persons treated for bites inflicted by
animals, together with other information as will be helpful in rabies control.
(C) Responsibility of veterinarians. It is the duty of every licensed veterinarian to
report to the Chief of Police his or her diagnosis of an animal observed by him or her as a rabies
suspect.
('89 Code, § 10.06)
§ 93.2726 ANIMALS IN HEAT.
Except for controlled breeding purposes, every female animal in heat shall be kept
confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in a
manner so that the female animal cannot come in contact with other animals.
('89 Code, § 10.06)
§ 93.2827 ADDITIONAL GROUNDS FOR IMPOUNDMENT.
Any animal found without adequate food or water, or any animal kept in a condition
endangering the health or safety of the animal, may be impounded by the city, then held pursuant
to the terms of this subchapter.
('89 Code, § 10.06) (Ord. 90 -17, passed 3- 13 -90)
ANIMALS AND FOWL
§ 93.40 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ANIMALS. Includes farm animals and all other animals, reptiles and feathered birds or
fowl except dogs, cats, gerbils, hamsters and caged household birds.
FARM ANIMALS. Cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese,
turkeys, chickens, guinea hens, honey bees and mink.
('89 Code, § 10.07)
§ 93.41 KEEPING RESTRICTIONS.
It is unlawful for any person to keep or harbor any animal, not in transit, except:
(A) Farm animals kept in that portion of the city zoned for agricultural purposes;
(B) Animals kept in a laboratory for scientific or experimental purposes; or
(C) Animals kept in an animal hospital or clinic for treatment by a licensed
veterinarian.
('89 Code, § 10.07) Penalty, see § 10.99
§ 93.42 TRANSPORT RESTRICTIONS.
It is unlawful for any person to transport animals unless they are:
��(C—)
(A) Confined within a vehicle, cage or other means of conveyance;
(B) Farm animals being transported in the agricultural portion of the city; or
(C) Restrained by means of bridles, halters, ropes or other means of individual
restraint.
('89 Code, § 10.07) Penalty, see § 10.99
§ 93.43 TREATMENT AND HOUSING.
(A) Treatment. It is unlawful for any person to treat any animal as herein defined, or
any other animal, in a cruel or inhumane manner.
(B) Housing. It is unlawful for any person to keep any animal as herein defined, or
any other animal, in any structure infested by rodents, vermin, flies or insects, or inadequate for
protection against the elements.
('89 Code, § 10.07) Penalty, see § 10.99
§ 93.44 TRESPASSES PROHIBITED.
It is unlawful for any person to herd, drive or ride any animal over and upon any grass,
turf, boulevard, city park, cemetery, garden or lot without specific permission therefor from the
owner.
('89 Code, § 10.07) Penalty, see § 10.99
Adopted by the City Council this
Steven W. Cook, Mayor
day of , 2013.
ATTEST:
Jeremy J. Carter, City Administrator
(G)
C
Marc A. Sebora, City Attorney
Office of the City Attorney 111 Hassan Street SE
Hutchinson, MN 55350 -2522
320- 587.5151/Fax 320- 2344201
TO: Mayor & City Council
FROM: Marc A. Sebora, City Attorney
DATE: January 17, 2013
SUBJECT: Hutchinson City Code Section 73.17 — Motorized Scooters
In November 2004, the Hutchinson City Council adopted Ordinance No. 04 -0389 regulating
motorized scooters because the State of Minnesota had no regulations on motorized scooters.
The purpose at the time of the enactment of the ordinance was to regulate the operation of
scooters on public streets and sidewalks.
The Minnesota Legislature has now enacted legislation regulating motorized foot scooters. The
legislation includes regulations pertaining to age of operators, protective equipment, operation
requirements and application of traffic laws. When regulating foot scooters within the City of
Hutchinson, the police department tends to rely on the regulations in state legislation, specifically
Minnesota Statute 169.225. Because of this, and the fact that laws pertaining to motorized
vehicles, including scooters, can change often, staff is recommending that Hutchinson City Code
section 73.17 be amended to read that motorized foot scooters will be regulated pursuant to
Minnesota Statute 169.225 of the Minnesota traffic code. An ordinance with the proposed
language is attached for your consideration.
Printed (in recycled paper-
ORDINANCE NO. 13 -0706
AN ORDINANCE AMENDING SECTION 73.17 OF THE HUTCHINSON CITY CODE
PERTAINING TO MOTORIZED SCOOTERS
THE CITY OF HUTCHINSON HEREBY ORDAINS:
§73.17 MOTORIZED SCOOTERS
IT, raw Vall 12 VA . ..
..
■
time.
Adopted by the Hutchinson City Council this 12`" day of February, 2013
ATTEST:
Steven W. Cook, Mayor Jeremy J. Carter, City Administrator
t-C6
Marc A. Sebora, City Attorney
Office of the City Attorney H1 Hassan street SE
Hutchinson, MN 55350.2522
320 - 587- 5151/Bax 320. 2344201
TO: Mayor & City Council Members
FROM: Marc A. Sebora, City Attorney
DATE: January 17, 2013
SUBJECT: Hutchinson City Code Chapter 34 - Administrative Penalties
In 2006, the City Council adopted Ordinance No. 06 -0440, which created an administrative
penalty program for certain petty misdemeanors and municipal code violations. The program
allowed offenders to pay an administrative fine instead of a traditional fine that was administered
by the Minnesota court system. This option was a benefit to both the offender and the City of
Hutchinson in that the offense did not go on the offender's driving record or criminal history and
it added revenue to the City's public safety /transportation fund.
In 2009, the Minnesota legislature enacted legislation regulating administrative citations issued
by local units of government. Some of the regulations included limiting the types of offenses
that could be issued an administrative citation, limiting the fine amount, and requiring the local
unit of government to provide a civil process for a person to contest an administrative citation,
which would include employing or contracting a neutral third party. Additionally, a major
hindrance to the City's program was the State's regulation that the maximum fine amount for all
offenses was set at $60.00 with the State retaining 1/3 of that fine amount. This type of structure
made the program much more cost - prohibitive in the City administering it.
Due to the regulations enacted by the legislature for the administrative citation program, City
staff felt the requirements and limitations were burdensome to the program and did not allow for
much benefit to continue the program. Hence, the program has not been active for the last
couple of years.
Because of this, staff is requesting that Chapter 34 of the Hutchinson City Code, Administrative
Penalties, be repealed and removed from City record
Should you have questions concerning this, I would be happy to address them at the City Council
meeting.
Printed on recycled paper - l �e
C
Marc A. Sebora, City Attorney
Office of the City Attorney 111 Hasson sweet SE
Hutchinson, MN 5 55350 -25222 2
320- 557.5151/Fax 320 - 234 -4201
TO: Mayor & City Council Members
FROM: Marc A. Sebora, City Attorney
DATE: January 17, 2013
SUBJECT: Hutchinson City Code Chapter 34 - Administrative Penalties
In 2006, the City Council adopted Ordinance No. 06 -0440, which created an administrative
penalty program for certain petty misdemeanors and municipal code violations. The program
allowed offenders to pay an administrative fine instead of a traditional fine that was administered
by the Minnesota court system. This option was a benefit to both the offender and the City of
Hutchinson in that the offense did not go on the offender's driving record or criminal history and
it added revenue to the City's public safety /transportation fund.
In 2009, the Minnesota legislature enacted legislation regulating administrative citations issued
by local units of government. Some of the regulations included limiting the types of offenses
that could be issued an administrative citation, limiting the fine amount, and requiring the local
unit of government to provide a civil process for a person to contest an administrative citation,
which would include employing or contracting a neutral third party.
Due to the regulations enacted by the legislature for the administrative citation program, City
staff felt the requirements and limitations were burdensome to the program and did not allow for
much benefit to continue the program. Hence, the program has not been active for the last
couple of years.
Because of this, staff is requesting that Chapter 34 of the Hutchinson City Code, Administrative
Penalties, be repealed and removed from City record
Should you have questions concerning this, I would be happy to address them at the City Council
meeting.
Printed on recycled paper- 1 � L—P—J
ORDINANCE NO. 13 -707 — AN ORDINANCE REPEALING CHAPTER 34 OF THE
HUTCHINSON CITY CODE — ADMINISTRATIVE PENALTIES
The City Council of the City of Hutchinson does hereby repeal the following ordinance:
C14 zPT--E 3n 4 . A rAi494 A TIVE PEN A LTIES
s'ec"tiRn
34.01 Purpose
34.02 Definition of administrative efF ....e
1
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MR. MMIEW!
Adopted by the City Council this day of 2013.
Steven W. Cook, Mayor
ATTEST:
Jeremy J. Carter, City Administrator
I � (�P-)
Planning, Zoning, and Building Dept. Monthly Report
December 2012
Buildina Department Permit Activities
Y
I Commercial Remodel:
2 Commercial New:
Other Building Inspection Activities:
Plannina, Zoning, and Building Department— Other Activities
Facilities Management/Maintenance Activities:
Evergreen Meals served in December, 2012
Park Silver
Week Of Hutchinson Towers Lake Glencoe Brownton Stewart
12/2011
1212012
2011 Year to Date
2012 Year to Date
Total Number Inspections
92
319
1381
1508
Total Number Plan Review
83
9
41
57
Building Permits Issued by Type
Number of
Permits &
Valuation
Number of
Permits &
Valuation
Year to Date
Number Permits
& Valuation
Year to Date
Number Permits
& Valuation
Commercial new
0
0
1 - $1,450,000
4-$494,900
Commercial Additions/ Remodels
7-$168,300
5 - $123,300
101 - $2,977,085
93 - $3,447,572
Industrial (new)
0
0
0
0
Industrial Additions/Remodels
0
0
1 - $8,500
3 - $864,600
Fire Sprinkling
0
0
3- $139,700
5-$7,730
Total New Residential Units (Single Family, twins, townhomes)
0
0
3-$690,053
5 - $935,140
Residential misc. additions, repairs, remodels, etc
6-$22,850
8 - $25,000
141 - $809,312
117 - $771,064
Set fee permits reside, reroof, window replacement, misc. *
13
9
573
562
HRA Permits
0
2
15 - $363,400
18 - $149,146
Subtotal Building Permits:
$191,150
$148,300
$6,438,050
$6,670,152
Mechanical
12-$8,782
9-$12,850
175- $2,240,584
168 - $1,183,714
Plumbing*
4
3
55
68
Signs*
12
5-$103
81
86-$291
Total Permits issued and valuation
54- $199,932
41- $161,253
1,149 - $8,678,634
1,146 - $7,854,157
' Set fees not included in valuation
Y
I Commercial Remodel:
2 Commercial New:
Other Building Inspection Activities:
Plannina, Zoning, and Building Department— Other Activities
Facilities Management/Maintenance Activities:
Evergreen Meals served in December, 2012
Park Silver
Week Of Hutchinson Towers Lake Glencoe Brownton Stewart
12/1-12/8
233
174
62
144
41
62
12/9-12/15
271
195
83
179
41
83
12/16 -12122
236
178
84
159
54
75
12/23 -12/29
135
110
38
96
29
44
12/30 -12/31
51
32
9
32
0
13
Total
926
689
276
610
1651
277
Total Meals served in November -2,943
Dates Closed: December 10 (weather), 24 & 25 (Christmas)
Planning, Zoning, and Building Dept.
Monthly Report for December, 2012
Page 2
Planning and Zoning Monthly Activities MonthNear: December, 2012
Activity
Number
Additional Info.
Number of Planning Applications
2
Conditional use permit and site plan — McDonald's
Reviewed and Processed
Restaurant
Number of Joint Planning Board
0
Applications Reviewed and Processed
Number of Planning Commission
0
Meetings
Number of Joint Planning Meetings
0
Number of Zoning Reviews for Building
Permits
2
Number of Land Use Permits Issued
3
Number of Zoning Review for Sign
5
Permits
Number of Predevelopment/Pre
0
Application Meetings
Number of Misc. Planning Meetings
14
Management team — 2
Resource Allocation, Land Use Training, Council
Workshop, Public Arts — 2, Facility Meeting,
Transportation Plan Teleconference, Met with Terry
Davis, Fairgrounds meeting, Solar Discussion, Joint
Planning Board Discussion
Number of Zoning Enforcement Cases
1
Sonora' s Sign Violation
Number of Walk -In Customers Served
214
Site Visits
4
Hutch Iron and Metal, Customer Elations, West
River Park Stage, Dollar Tree.
Dan Jochum attended a Land Use Training Session in St. Louis Park— 12 -5-12
Sidewalk Snow Removal
Monthly Report
December 2012
Monthly Summary of Sidewalk Snow Removal Noncompliance
A summary of sidewalk snow removal notices left at properties not in compliance with Chapter
90.01 Ice and Snow on Public Sidewalks, of the Hutchinson City Code of Ordinances can be
found below. 24 hours were given to those receiving notice to remove snow deposited onto the
public sidewalk.
Number of properties that received snow removal notice
7
Number of properties cleared by City order
I
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
Joshua & Kerry Schimmel
145
1st Ave
SE
1451st Ave SE
06- 116 -29 -03 -0160
Hutchinson, MN 55350
Daniel R & Linda M Turner
250
3rd Ave
SE
1045 Goebel St SW
06- 116 -29 -07 -0010
Hutchinson, MN 55350
Veniamin Verstyak
570
Adams St
SE
570 Adams St SE
06- 116 - 29-10 -0020
Hutchinson, MN 55350
Thomas Malchow Jr & Mary Hannahs &
554
Adams St
SE
Timothy Pessek
06- 116 -29.07 -0740
24554 Oday Ave
Hutchinson, MN 55350
Bradley G Burch
445
Adams St
SE
445 Adams St SE
06- 116 -29-07 -0560
Hutchinson, MN 55350
Slix & Brix Inc
435
Adams St
SE
307 N Holcombe Ave
08- 116 -29 -07 -0590
Litchfield, MN 55355
Slix & Brix Inc
425
Adams St
SE
307 N Holcombe Ave
06- 116 -29- 07-0600
Litchfield, MN 55355
a(-):�
Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
320 -587 -5151 / Fax 320 - 234 -4240
To: Mayor & City Council
From: Andy Reid, Controller
CC: Jeremy Carter, City Administrator
Date: January 17, 2013
Subject: December Financial Reports - Unaudited
Attached for your review are the December financial reports for the General Fund and Enterprise Fund
operations. These are unaudited financial statements and will be modified over the next two months
as we prepare year end entries. I don't anticipate much will change to these reports, other than some
expense accruals for items paid in 2013 related to 2012, interest earnings, depreciation expense, minor
payroll related accruals and entries to move debt principal payments to the balance sheet. There will be
minor revenue accruals in some of the enterprise funds as well. The cash balances referenced in the
notes are accurate with the only anticipated change being the addition of interest earnings.
The General Fund report shows that expenses exceed the budget by $194,126 with the following
activity resulting in the variance:
• HSA Contributions $ 68,911
•
ARMER Project $ 101,697
• COPS Grant 74,835
Total Additional Expense $ 245,443
The HSA Contributions are payments made by the City into employee HSA accounts. Our goal is to
absorb this expense in the General Fund but we plan to use Self Insurance Fund dollars if needed.
The ARMER project was a major undertaking by the County and City to upgrade the public safety
radio system per the State's mandate. We have reserved $200,000 in the Capital Projects Fund for this
project and we will most likely move the majority of this expense to that Fund since that is where we
have an offsetting receivable of $127,000 based on the grant.
The COPS grant is simply a pass -thru of grant proceeds to the School District. A budget amendment
will likely be made to account for the additional revenue and expense.
Taking these three items out of the General Fund expenses would result in actual expenses being
$51,317 under budget, indicating that the City stayed within its 2012 expense budget.
�-(c)
Likewise, looking at the General Fund revenue shows that we exceeded the budget by $358,808 with
the following activity contributing to the surplus:
• COPS Grant
• FEMA Reimbursement
• Workers Compensation premium rebate
• Property & Casualty premium rebate
• Emerald Ash Borer transfer
Total Additional Revenue
$ 74,835
$ 66,843 — related to July 2011 storm damage
$ 20,793
$ 70,609
55,000 — transfer into General Fund reserves
$ 288,080
Taking these items out of the General Fund revenue would result in the actual revenue exceeding the
budget by $70,728.
Feel free to contact me with any questions.
7D(C)
CITY OF HUTCHINSON
Financial Report - GENERAL FUND
For the month of December, 2012
SUMMARY FINANCIAL STATEMENT:
Salaries & Fringe Benefits
This expense category is over budget due to the unbudgeted contributions the City made to employee HSA accounts;
$68,911. We looks to absorb the HSA contributions in the General Fund if possible, otherwise Self Insurance Fund
dollars would be used if necessary. Workers compensation rates were also higher than anticipated, however the
Category
2012
Month of
December
2012 YTD
December
2012
Budget
2012
Budget
Balance
% Used
2011 YTD
December
2011
Approved
Budget
% Used
REVENUES:
the COPS grant; $74,835. The City Center ATM replenishment expense was $15,000 higher than anticipated and the
Lodging Tax expense was $15,300 higher than anticipated. Both of these items are driven by revenue received by the
City, so the expense is offset by corresponding revenue in the Reimbursements category.
1
4005
Taxes & Penalties
2,185,660
4,486,736
4,491,446
4,710
99.9%
4,211,731
4,491,446
93.8%
4050
Licenses
1,010
58,562
53,500
5,062
109.5%
52,544
51,300
102.4%
4070
Permits
6,354
175,061
158,950
16,111
110.1%
170,816
246,600
69.3%
4100
Intergovernmental
30,353
1,327,021
1,194,876
132,145
111.1%
1,333,615
1,144,277
116.5%
4250
Charges for Services
634,529
1,832,242
1,852,400
20,158
98.9%
1,819,031
1,843,596
98.7%
4400
Fines & Forfeitures
8,176
60,498
45,000
15,498
134.4%
50,604
45,000
112.5%
4620
Investment Earnings
5,568
35,000
29,432
15.9%
67,429
70,000
96.3%
4700
Reimbursements
145,902
550,362
407,152
143,210
135.2%
466,447
568,385
82.1%
4800
Transfers
943,124
2,198,089
2,090,376
107,713
105.2%
2,273,435
2,161,535
105.2%
4890
Surchar a
1,251
3,718
350
3,368
1062.3%
394
400
98.4%
4998
Fund Balance
10,000
10,000
0.0 °�
-
15,000
0.0%
TOTAL REVENUES
3,953,856
10,697 858
10,339,060
368,808
103.5%
10,446 046
10 637,539
98.2%
EXPENDITURES:
6105
Salaries & Fringe Benefits
612,326
6,712,688
6,633,597
79,091
101.2%
6,769,039
6,607,157
102.5%
6200
Supplies, Repairs, Maint.
137,961
823,926
790,835
33,091
104.2%
760,878
761,532
99.9%
6300
Contracted Services
23,831
436,661
462,442
25,781
94.4%
454,596
465,925
97.6%
6306
Services &Charges
226,545
2,159,717
2,155,664
4,053
100.2%
2,090,506
2,233,927
93.6%
6600
Debt Service
-
0.0%
-
-
0.0%
6700
Transfers
91,650
92,750
1,100
98.8%
89,300
89,300
100.0%
6900
Misc. Expenses
11,247
307,114
203,762
103,352
150.7%
208,955
479,698
43.6%
7000
Capital Outlay
1,420
1,420
100.0%
-
-
0.01%
TOTAL EXPENDITURES
1,011,909
10 633 176
10,339,060
(194,126)
101.9%
10,373,274
10,637,539
97.5%
TOTAL REVENUE OVER
UNDER EXPENDITURES
2 941 947
164 682
164,682
100.0%
72,773
-
100.0%
COMMENTS:
REVENUES:
Taxes & Penalties The second half tax settlement was received in December. We will receive the final 2012 settlement from the County in
February 2013 which will be accrued to 2012 revenue. We expect the final settlement to be around $20,000 to $30,000.
Intergovernmental This income category is over budget due to the unbudgeted COPS grant proceeds; $74,835 and the FEMA
reimbursement related to the July 2011 storm damage; $66,843. The COPS grant revenue was disbursed to the School
District as they incurred the expenditures while the City only administered the grant. Miscellaneous Expense includes the
payment to the School District; $74,835.
Investment Earnings Investment earnings will be calculated and booked over the next two months as Finance prepares for the audit.
Reimbursements This income category is over budget due to unbudgeted premium rebates received from the League related to the 2011
workers compensation premiums paid; $20,793 and for the 2 01 112 01 2 property & casualty premiums paid; $70,609.
Transfers This income category is over budget due to the Emerald Ash Borer transfer from the Refuse Fund; $55,000 and the
unbudgeted reimbursement from HUC for the energy tree program; $29,572. We did not anticipate reimbursement from
HUC related to the tree program as we modified our forestry program in 2012 and there was some uncertainty.
EXPENDITURES:
Salaries & Fringe Benefits
This expense category is over budget due to the unbudgeted contributions the City made to employee HSA accounts;
$68,911. We looks to absorb the HSA contributions in the General Fund if possible, otherwise Self Insurance Fund
dollars would be used if necessary. Workers compensation rates were also higher than anticipated, however the
premium rebate received from the League, mentioned above, offsets the majority of additional expense.
Supplies, Repairs, Maint.
This expense category is over budget due to the unbudgeted LETG expenditures in the Police department; $37,048.
Services & Charges
This expense category includes unbudgeted expenses related to the ARMER project; $101,697. These expenses, or a
portion, will most likely be reclassified to the Capital Projects Fund where we have reserved $200,000 for this project.
Misc. Expenses
This expense category is over budget due to the unbudgeted payment of grant proceeds to the School District related to
the COPS grant; $74,835. The City Center ATM replenishment expense was $15,000 higher than anticipated and the
Lodging Tax expense was $15,300 higher than anticipated. Both of these items are driven by revenue received by the
City, so the expense is offset by corresponding revenue in the Reimbursements category.
1
EXPENDITURES BY DEPARTMENT:
2012
Month
2012 YTD
2012
Approved
2012
Budget
%Used
11
Approved
%Use
Department
of
December
December
Budget
Balance
get
Mayor & City Council
6,429
44,145
53,814
9,669
82.0%
"414,522381,614
1,866
80.5%
City Administrator
36,478
375,518
380,851
5,333
98.6%
85,766
126.2%
Elections
461
18,939
16,000
(2,939)
118.4%
10,000
36.9%
Finance Department
31,084
356,683
364,529
7,846
97.8%
81,614
108.6%
le
23,055
285,185
271,910
(13,275)
104.9%
2 80,644
252,887
111.0%
61,079
61,911
832
98.7%
60,911
61,911
98.4%
23,350
228,485
233,181
4,696
980%
222,090
234,519
94.7%
jor
(27,324)
109,393
117,320
7,927
93.2°/
156,990
170,830
91.9%
Services
92,241
454,560
452,687
(1,873)
100.4%
323,808
360,943
B9.7%
artment
314,832
3,130,205
2,915,131
(215,074)
10714%
21887,062
3,029,871
95.3%
Emergency Management
807
12,706
13,025
319
97.6%
15,873
10,000
158.7%
Safety Committee
-
7,734
13,450
5,716
57.5%
9,281
13,450
69.0%
Fire Department
34,851
314,446
296.805
(17,641)
105.9%
471,921
460,763
102.4%
Protective Inspections
56,933
206,417
206,188
(229)
100.1%
156,453
155,350
100.7%
Engineering
36,668
478,125
457,614
(20,511)
104.5%
467,064
463,959
100.7%
Streets & Alleys
169,125
1,366,419
1,308,421
(57,998)
104.4%
1,493,769
1,437,814
103.9%
City Hall Building
14,155
115,652
121,698
6,046
95.0%
113,938
131,427
B6.7%
Park/Recreation Administration
22,475
205,739
215,295
9,556
95.6%
209,854
211,546
99.2%
Recreation
9,732
210,964
217,894
6,930
96.8%
214,195
218,893
97.9%
Senior Citizen Center
4,612
63,434
67,635
4,201
93.B%
65,493
72,990
89.7%
Civic Arena
53,522
321,405
326,765
5,360
98.4%
346,474
331,624
104.5%
Park Department
48,138
742,245
721,981
(20,264)
102.8%
720,085
720,738
99.9%
Recreation Building & Pool
13,287
191,402
187,760
(3,642)
101.9%
177,697
185,393
95.8%
Events Center
16,994
184,734
231,225
46,491
79.9%
191,680
224,688
85.3%
Evergreen Building
2,478
11,278
12,305
1,027
91.7%
11,570
13,130
88.1%
Library
4,008
183,474
183,970
496
99.7%
182,409
183,759
99.3%
Cemetery
5,851
88,924
108,400
19,476
82.0%
164,670
112,511
146.4%
Airport
11,077
88,313
100,235
11,922
88.1%
97,024
101,314
95.8%
Revenue Department
-
-
50,000
50,000
-
50,000
Unallocated General Expense
6,593
675,572
631,050
(44,522)
107.1%
385,649
597,983
64.5%
TOTAL EXPENDITURES
1,011.909
10 533 176
10,339,060
194 126
101.9%
..10-373,274
1%637.539 539
97.5%
0 -(C-)
Department:
Liquor
Fund:
JU uor
2011
2012
2012 YTD
1,703,186
2012
Budget
% Used
2011 YTD
2011
Approved
% Used
Category
Month of
December
et
Budget
dg
-39.2%
5,325,305
December
Budget
225,068
220,323
December
$ 2166
$ 22.81
Balance
REVENUES:
4450
Sales - Liquor
224,792
1,779,305
1,705,453
73,852
104.3%
1,703,186
1,705,453
99.9%
4450
Sales - Wine
144,098
886,507
852,364
34,143
104.0%
840,945
759,895
110.7%
4450
Sales - Beer
243,841
2,645,850
2,601,267
44,583
101.7%
2,533,203
2,681,718
94.5%
4450
Sales - Other
2,046
13,642
21,142
7,500
64.5%
22,451
11,142
2015%
4620
Investment Earnings
82
1,878
1,000
878
187.8%
1,340
3,000
44.7%
4700
Reimbursements
1,419
4,637
2,000
2,637
231.9%
3,162
-
100.0%
-
00%
9,046
-
100.0%
4998
Fund Balance
-
TOTAL REVENUES
612,185
5,331,820
5,183,226
148,594
102.9%
5113,332
5,161,208
99.1%
Gross Margin
157,443
1,305,232
1,248,158
57,074
104,6%
1,231,595
1,223,629
1007%
%
25.8%
24.5%
24.1%
24.1%
23.7%
EXPENDITURES:
6800
Cost of Sales
453,241
4,020,072
3,932,068
88,004
102.2%
3,868,190
3,934,579
98.3%
61 05
Salanes 8 Fringe Benefits
42,631
473,668
436,850
36,818
108.4%
463,263
439,844
105.3%
6200
Supplies, Repairs, Maint.
1,652
14,500
16,600
2,100
87.3%
12,150
20,400
59.6%
6306
Services 8 Char as
24,614
185,018
186,500
1,482
99.2%
177,762
168,105
105.7%
6600
Debt Service
39,723
39,723
128,035
88,312
31.0%
43,308
128,048
33.8%
6700
Transfers
420,000
420,000
420,000
-
100.0%
451,030
451,030
100.0%
6898
Depreciation
-
-
77,671
77,671
0.0%
72,968
77,671
93.9%
6900
Misc. Expenses
-
7,599
3,650
3,949
208.2%
4,119
3,250
126.7%
0.0%
0.0%
7000
Ca ital Outlay
-
-
TOTAL EXPENDITURES
981,862
5,160,581
5,201,374
40,79
99.2%
5,092,789
5 222 927
97.5%
TOTAL REVENUE OVER
UNDER EXPENDITURES
(369,6771
171,239
18148
189,387
- 943.6%
20543
61719
-33.3%
COMMENTS:
CASH BALANCE:
REVENUES:
Sales
Sales:
Liquor
Wine
Beer
Other
Total Sales
YTD Customer Count
Average Sale per Customer
Investment Earnings
Gross Margin
EXPENDITURES:
Cost of Sales
Debt Service
Depreciation
The end of year cash balance in the Liquor Fund is $73,239, up from $10,552 last year. This is after the transfer to the
General Fund; $420,000, the debt payments to the Water 8 Sewer funds; $128,035 and the roof improvements; $61,890.
Total 2012 sales are up 4.4% over last year while the YTD customer count is up 2.2%. The December customer count
decreased 3.7% from last year while monthly sales increased 0.8% over last December.
YTD
YTD
2012
2011
Change
1,779,305
1,703,186
4.5%
886,507
840,945
5.4%
2,645,850
2,533,203
4.4%
13,642
22,451
-39.2%
5,325,305
5,099,785
4.4%
225,068
220,323
2.2%
$ 2166
$ 22.81
33%
December
December
2012
20111
Change
224,792
219,378
2.5%
144,098
144,754
-0.5%
243,841
241,950
0.8%
(2046)
(199)
926.0%
610,684
605,883
0.8%
22,109
22,959
-33%
$ 27.62
$ 26.39
4.7%
Investment earnings will be calculated and booked over the next two months as Finance prepares for the audit.
The gross margin increased slightly for the year to 24.5 %, up from 24.1 % in 2011.
Cost of sales exceeds the budget by $88,004 due to higher sales than anticipated.
The loan payments to Water and Sewer Funds were made in December; $128,035. The principal payments have been
applied against the payable on the balance sheet.
Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audit.
acG.)
Department: Creekside
Fund Com ost
2012
2012 YTD 2012 Budget % Used 2011 YTD Approved %Used
Category Month of
December Budget December Bud et
9
December Balance
REVENUES:
Charges for Services
This category also includes freight reimbursement for hauling raw material out of Ramsey County; $90,584. The freight
revenue is an offset to the freight expense in Cost of Sales.
Sales
Total 2012 sales reflect a 20% increase over YTD 2011. Creekside has sold 292,182 more bagged product in 2012 than in
2011 equating to a 20.8% increase. Bulk sales increased by 8,513 yards in 2012 over 2011.
4250
Charges for Services
18,770
197,445
132,000
65,445
149.6%
195,374
20,000
976.9%
128.8%
4450
Sales - Bulk Product
1,283
215,239
145,000
70,239
148.4%
128,754
100,000
4450
Sales - Ba ed Product
43,919
1,947,682
1759,629
188,053
110.7%
1,680,314
1,700,000
96.3%
4450
Sales - Other
149
81,621
66,000
15,621
123.7%
64,496
67,000
100.0%
4620
Investment Earnings
-
705
-
705
6,741
100.0%
774.1 %
6,338
11,258
-
2,000
562.9%
4700
Reimbursements
4,894
7,741
1,000
-
0.0 %
9,029
-
100.0%
4998
Fund Balance
-
-
-
TOTALREVENUES
69,015
2,450434
2,103,629
346,805
116.5%
2,095,564
1,889000
110.9%
Gross Margin
(3,192)
348,578
769,686
(421,108)
45.3%
149,8500%
1,01
148 /0
%
-7.0%
15.5%
39.1%
542%
EXPENDITURES:
6800 Cost of Sales
48,543
1,695,965
1,200,943
695,022
1,724,062
856,000
201.4%
6105 Salaries &Frin eBenefits
9,485
100,871
478,605
377,734
178,959
578,863
30.9%
44.3%
6200 Su lies, Re airs, Maint.
31,376
1,161
24,350
23,189
23,074
52,130
111.6%
6300 Contractetl Services
16,287
122,136
58,000
64,136
47,972
43,000
57.2%
6306 Services &Char es
6,878
25,515
117,800
92,285
85,948
150,295
100.1%
6700 Transfers
57,800
57,800
57,800
-
57,881
57,800
146,184
17.1%
6898 De reciation
11,682
135,792
70,290
206,082
24,947
6900 Misc. Ex enses
1,702
18,453
8,500
9,953
8,706
12,500
69.6%
0.0%
7000 Ca ital Outla
-
125,000
125,000
-
94,000
TOTAL EXPENDITURES
127,664
2,086109
2,141288
55,179
97.4%
2,151,550
1990,772
108.1%
TOTAL REVENUE OVER
58649
364,325
37659
401.984
- 967.4%
55986
101772
55.0%
UNDER EXPENDITURES
COMMENTS:
CASH BALANCE:
The end of year cash balance in the Compost Fund is $873,070; an increase of $417,919 from last year.
REVENUES:
2012 includes the sale of the debagger to St. Cloud; $45,000 and the tip fee from St. Cloud for composling services; $52,000.
Charges for Services
This category also includes freight reimbursement for hauling raw material out of Ramsey County; $90,584. The freight
revenue is an offset to the freight expense in Cost of Sales.
Sales
Total 2012 sales reflect a 20% increase over YTD 2011. Creekside has sold 292,182 more bagged product in 2012 than in
2011 equating to a 20.8% increase. Bulk sales increased by 8,513 yards in 2012 over 2011.
YTD YTD December December
Sales,
2012 2011 Change 1 2012 2011 Change Ys
Bagged (# of bags)
1,698,159 1,405,977 292,182 20.8% 37,458 23,060 14,398 62.4%
Bulk (yards)
18,022 9,509 8,513 89.5% 229 158 71 44.9%
Investment Earnings
Investment earnings will be calculated and booked over the next two months as Finance prepares for the audit.
EXPENDITURES:
Contracted Services The majority of this expense category relates to temporary labor used in operations and marketing. The remaining activity
relates to services at the St. Cloud site which we are managing; $22,706.
Transfers The transfer to the General Fund was made in December; $57,800.
Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books forthe audit.
a(c)
Department:
IRefuse
Fund:
lRefuse
2012
2012 YTD
2012
2012
Budget
%Used
2011 YTD
2011
Approved
%Used
Category
Month of
December
Budget
December
Budget
December
Balance
REVENUES:
4100
Intergovernmental
6,278
25,121
26,000
879
96.6%
25,778
29,466
87.5%
-
0.0%
-
-
0.0%
4250
Charges for Services
-
94,618
-
1,136,131
-
1,143,100
6,969
99.4%
1,143,949
1,167,000
98.0%
4450
Sales
997
-
997
100.0%
10,963
100.0%
4620
Investment Earnings
-
-
60%
833
100.0%
4700
Reimbursements
-
-
-
-
0.0°/
18,086
-
100.0%
4998
Fund Balance
-
-
TOTAL REVENUES
100,896
1,162,249
1,169,100
6,851
99.4%
1,199,610
1,196,466
100.3%
EXPENDITURES:
6800
Cost of Sales
-
130
5,000
4,870
2.6%
2,145
5,000
42.9%
6105
Salaries 8 Frin a Benefits
14,300
176,798
148,420
28,378
119.1%
172,325
143,945
119.7%
6200
Supplies, Repairs. Maint.
3,468
35,405
68,700
33,295
51.5%
112,681
122,950
91.6%
6300
Contracted Services
1,576
11,510
15,000
3,490
76.7%
17,044
31,000
55.0%
6306
Services &Cha es
106,478
551,762
658,417
6,655
99.0%
682,564
667,800
102.2%
6600
Debt Service
2,483
2,483
-
2,483
100.0%
-
0.0%
100.0%
6700
Transfers
55,000
55,000
55,000
-
100.0%
55,000
-
-
163,073
163,073
0.0%
216,980
264,811
81.9%
6898
Depreciation
-
53
827
-
827
100.0%
487
-
100.0%
6900
Misc. 'lenses
0.0%
-
154,000
0.0%
7000
Ca ital Outlay
-
-
TOTAL EXPENDITURES
183,359
933,914
1,113,610
179,696
83.9%
1,259,226
1,389,506
90.6%
TOTAL REVENUE OVER
228,335
55 490
172 845
411.5%
596 6
(193,0401
30.9%
UNDER EXPENDITURES
(82,463
COMMENTS:
CASH BALANCE: The and of year cash balance in the Refuse Fund is $852,585; an increase of $225,800 from last year.
REVENUES:
Sales Sales came in slightly under budget for the year.
Investment Earnings Investment earnings will be calculated and booked over the next two months as Finance prepares for the audit.
EXPENDITURES:
Supplies, Repairs, Maint. The YTD 2D12 decrease from YTD 2011 is due primarily to the compost bag program; $(67,857). We changed our program in
2011, handing out bags to residents on pre - determined dates at the Fairgrounds and anytime at City Center rather than
delivering door- to-door. History has shown that many bags delivered door -to door were simply being thrown out in the trash.
This change has resulted in a significant savings in bag cost.
Transfers The transfer was made in December for the Emerald Ash Borer reserve; $55,000.
Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audit.
Depart ment: Water
Fund: lWater
2012 2012 2011
2012 2012 2011
Budget %Used Approved %Used
Category Month of December
December Budget ember
beer Budget
December Balance
REVENUES:
Taxes
above reflects January thru October receipts from the State.
Sales
Water sales exceeded the budget while total consumption is flat from last year. Industrial consumption is down 21% from last
year due mostly to the drop in usage by HTI's production process. Commercial consumption is up 11% while residential
consumption is up 8 %.
4005 Taxes
97,835
491,217
252,000
239,217
194.9%
39
-
100.0%
Residential 58% 54%
100% 100%
Investment Eamings
-
0.0%
1,103
-
100.0%
4020 S ecial Assessments
-
-
0.0%
4100 Inte ovemmental
-
9,271
-
9,271
13,704
100.0%
142S%1
-
41,289 1
-
32,000
129.0%
4250 Char as for Services
6,494
189,712
45,704
2,530,178
32,000
2,347,500
182,678
107.8%
2,418,449
2,501,500
96.7%
4450 Sales
19,862
22,962
20,000
2,962
114.8%
28,436
20,000
142.2%
4620 Investment Earnin s
6,932
29,667
64,017
34,350
46.3%
10,962
63,802
17.2%
4700 Reimbursements
60
100.0%
120
-
100.0h
4800 Transfers
-
60
-
0.0%
834,344
.
1000%
4998 Fund Balance
-
-
TOTAL REVENUES
320,834
3,129,059
2,715,517
413,642
115.2%
3,334743
2,617302
127.40/6
EXPENDITURES:
6105
Salaries & Frin a Benefits
34,266
402,832
443,330
40,498
90.9 %
434,294
452,846
95.9%
6200
Su lies, Re airs, Maint.
12,794
103,721
143,975
40,254
72.0%
108,192
149,600
72.3%
6300
Contracted Services
4,391
19,737
50,000
30,263
39.5%
22,116
50,000
44.2%
6306
-N es
53,314
53.314
388,715
405,550
16,835
95.8%
345,888
485,450
71.3%
6600
Debt Service
226,721
1,252,941
1,218,884
34,057
102.8%
495,789
1,211,338
40.9%
6700
Transfers
327,361
327,361
43,145
284,216
758.7%
199,699
43,145
462.97.
°h
1,020,000
1,020,000
0.0%
1,028,895
1,000,000
102.9
6898
Depreciation
-
57
11,855
15,850
3,995
74.8%
8,763
13,450
65.2%
6900
Misc. Expenses
250,000
231,064
7.6%
240,000
0.0%
7000
Capital Outlay
18,936
TOTAL EXPENDITURES
658,924
2,526,098
3,590,734
1,064,636
70.4%
2,643,636
3 645 829
72.5%
TOTAL REVENUE OVER
338 090
602 961
(875,217)
1,478,17 8
-68.9%
691 107
(1,028,527
b7.2%
UNDER EXPENDITURES
COMMENTS:
CASH BALANCE:
The end of year cash balance in the Water Fund is $2,482,880; an increase of $645,114 from last year.
REVENUES:
This income category consists of the Local Sales Tax which was effective January 1, 2012. The YTD 2012 amount shown
Taxes
above reflects January thru October receipts from the State.
Sales
Water sales exceeded the budget while total consumption is flat from last year. Industrial consumption is down 21% from last
year due mostly to the drop in usage by HTI's production process. Commercial consumption is up 11% while residential
consumption is up 8 %.
Breakout of total water consumption:
2012 2011
Industrial 22% 28%
Commercial 20% 18%
Residential 58% 54%
100% 100%
Investment Eamings
Current month Investment earnings reflect the interest payment from the Liquor Fund loan. Earnings on the fund's cash
balance will be calculated and booked over the next two months as Finance prepares for the audit.
EXPENDITURES:
Transfers Transfers were made in December to the General Fund: $43,145 and to the 2012 Construction Fund; $284,21610 reimburse a
portion of the project costs.
Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audit.
IBC C)
Department:
lWastewater
Fund:
Sewer
2012
2012 YTD
2012
Budget
%Used
2011 YTD
2011
Approved
%Used
Category
Month of
December
Budget
%
December
Budget
$ 174,514
315,494
181,373
$ (10,171)
(208,513)
27,641
December
$ 31,376
-
413,043
$ 35,878
11,897
598,076
Balance
-12.5%
- 100.0%
-30.9%
Total
$ 480,338
REVENUES:
$ (191,043)
-28.5%
$ 444,419
$ 645,851
$ (201,432)
-31.2%
4005
Taxes
135,105
678,347
348,000
330,347
194.9%
-
-
0.0%
4070
Permits
200
6,996
7,000
4
99.9%
6,796
7,500
90.6%
4250
Charges for Services
13,906
7,000
6,906
198.7%
7,228
6,000
120.5%
4450
Sales
283,880
3,372,702
3,190,000
182,702
105.7%
3,720,793
3,494,000
106.5%
4620
Investment Earnings
19,862
24,328
20,000
4,328
121.6%
30,102
20,000
150.5%
4700
Reimbursements
8,608
54,572
64,017
9,445
85.2%
43,025
-
100.0%
-
0.0%
-
63,802
0.0%
4800
Transfers
-
-
0.0%
261,557
100.0%
4998
Fund Balance
-
-
-
TOTALREVENUES
447,654
4,150,852
3,636,017
514,835
114.2%
4,069503
3,591302
1113%
EXPENDITURES:
6105
1 Salaries 8 Fringe Benefits
51,226
599,327
623,725
24,398
96.1%
609,157
620,093
982%
6200
ISupplies, Repairs, Maint.
26,936
224,359
405,500
181,141
55.3%
397,480
404,500
98.3%
6300
Contracted Services
4,013
107,503
120,000
12,497
89.6%
105,190
120,000
873%
6306
Services 8 Charges
86,318
627,227
747,300
120,073
83.9%
644,879
737,225
87.5%
6600
Debt Service
215,964
1,555,439
1,527,212
28,227
101.8%
474,302
1,516,000
31.30/0
6700
Transfers
271,922
271,922
43,145
228,777
630.3%
97,168
43,145
225.2%
6898
Depreciation
324
324
1620,000
1,619,676
0.0%
1,620,503
1,620,000
100.0%
6900
Misc. Expenses
68
19,836
27,000
7,164
73.5%
20,238
22,600
89.6%
7000
Capital Outlay
350,000
350,000
0.0%
350,000
0.0%
TOTAL EXPENDITURES
656,770
3,405,937
5,463,882
2,057,945
62.3%
3,968917
5,433,563
73.0%
TOTAL REVENUE OVER
UNDER EXPENDITURES
(209,116)
744,915
1 827 865
2,572,780
-40.8%
100,586
S.5%
COMMENTS:
CASH BALANCE: The end of year cash balance in the Sewer Fund is $3,548,170; an increase of $747,985 from last year.
REVENUES:
Taxes This income category consists of the Local Sales Tax which was effective January 1, 2012. The YTD 2012 amount shown
above reflects January thru October receipts from the State.
Sales Sewer sales exceeded the budget but fell 10% below last year's sales. The decrease from 2011 is due mostly to the reduced
wastewater flow from HTI and the reduced load surcharge revenue from Only. The loss in load surcharge revenue is offset in
part by less chemical expense to treat the wastewater.
December activity includes accrued revenue related to Purified Renewable Energy who is hauling waste water out of their
Buffalo Lake ethanol plant to Hutchinson's wastewater plant; $29,935.
Investment Earnings Current month investment earnings reflect the interest payment from the Liquor Fund loan. Earnings on the fund's cash
balance will be calculated and booked over the next two months as Finance prepares for the aud8.
EXPENDITURES:
Supplies, Repairs, Maint. The majority of this expense category is for chemicals which is tracking below budget YTD and substantially below last years
expense level. This is due mainly to issues last year with treating high levels of phosphates discharged by Ohly. Ohly has the
issue under control this year resulting in less expense which in turn results in lower revenue as explained above.
Transfers Transfers were made in December to the General Fund: $43,145 and to the 2012 Construction Fund; $228,777 to reimburse a
portion of the project costs.
Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audit.
I I(C-)
Industrial Users:
YTD 2012
FLOW REVENUE
YTD 2011
Change
%
YTD 2012
LOAD SURCHARGES
YTD 2011 Change
%
3M
HTI
Ohly
$ 164,343
106,981
209,014
$ 174,514
315,494
181,373
$ (10,171)
(208,513)
27,641
-5.8%
-615.1%
15.2%
$ 31,376
-
413,043
$ 35,878
11,897
598,076
$ (4,502)
(11,897)
185,033
-12.5%
- 100.0%
-30.9%
Total
$ 480,338
$ 671,381
$ (191,043)
-28.5%
$ 444,419
$ 645,851
$ (201,432)
-31.2%
Investment Earnings Current month investment earnings reflect the interest payment from the Liquor Fund loan. Earnings on the fund's cash
balance will be calculated and booked over the next two months as Finance prepares for the aud8.
EXPENDITURES:
Supplies, Repairs, Maint. The majority of this expense category is for chemicals which is tracking below budget YTD and substantially below last years
expense level. This is due mainly to issues last year with treating high levels of phosphates discharged by Ohly. Ohly has the
issue under control this year resulting in less expense which in turn results in lower revenue as explained above.
Transfers Transfers were made in December to the General Fund: $43,145 and to the 2012 Construction Fund; $228,777 to reimburse a
portion of the project costs.
Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audit.
I I(C-)
Department:
Storm Water
Fund:
Storm Water Utilit
Category
2012
Month of
December
2012 YTD
December
2012
Budget
2012
Budget
Balance
%Used
2011 YTD
December
2D11
Approved
Budget
%Used
REVENUES:
4070
Permits
1,740
-
1,740
100.0%
-
-
0.0%
4100
Intergovernmental
-
0.0%1
25,651
-
100.0%
4250
Charges for Services
7,979 1
1,000
6,979
797.9%1
42,750
100.0%
4450
Sales
52,782
627,220 1
613,250
13,970
102,3%1
580,249
566,250
102.5%
4620
Investment Earnings
676
1 1,000
324
67.6%
14,387
1,000
1438.7%
4700
Reimbursements
914
1 -
914
100.0%
500
1.650
30.3%
4998
Fund Balance
-
0.0%
188,061
-
100.0%
TOTAL REVENUES
52,782
638,529
615,250
23,279
103.8%
851,599
568,900
149.7%
EXPENDITURES:
6105
Salanes & Fringe benefits
8,357
131,714
205,610
73,896
64.1%
181,336
203,770
89.07
6200
Supplies. Repairs, Maint.
128
23,804
33,100
9,296
71.9%
38,793
33,100
117.2%
6300
Contracted Services
1,557
26,326
20,000
6,326
131.6%
5,368
20,000
26.8%
6306
Services & Char es
6,367
115,837
122,250
6,413
94.8%
113,932
104,950
108.6%
6600
Debt Service
22,013
169,268
165,340
3,928
102.4%
56,229
165,400
34.0%
6700
Transfers
74,528
74,528
-
74,528
100.0%
50,000
1000%
6898
Depreciation
90,000
90,000
0.0%
95,386
80,000
119.2%
6900
Misc. Expenses
923
2,200
1,277
42.0%
70,922
2,200
3223.7%
7000
Capital Outlay
157,000
157,000
0.0%
-
120,000
0.0%
TOTAL EXPENDITURES
112,949
542,40D
795,500
253,100
68.2%
611,968
729,420
83.9%
TOTAL REVENUE OVER
UNDER EXPENDITURES
60168
96 129
180 250
276 379
-53.3%
239 632
160.52011
- 149.3%
COMMENTS:
CASH BALANCE: The end of year cash balance in the Storm Water Fund is $919,700; an increase of $57,623 from last year.
REVENUES:
Sales Stormwater fees reflect an 8.3% increase for 2012. Total sales exceed the budget by $13,970.
Investment Earnings Investment eamings will be calculated and booked over the next two months as Finance prepares for the audit.
EXPENDITURES:
Consulting The majority of the YTD 2012 expense is related to the south central drainage study performed by SEH; $20,352.
Transfers The transfer to the 2012 Construction Fund was made in December to reimburse a portion of the project costs; $74,528.
Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audk.
�1CC)
Department:
HATS
Fund:
HATS
2012
2012
2012
Budget
%Used
2011 YTD
2011
Approved
%Used
Category
Month of
December
eer
Budget
December
Budget
December
Balance
REVENUES:
4100
Intergovernmental
5,471
131,150
131,150
100.0%
131,350
131,350
100.0%
4250
Charges for Services
49,466
471,678
480,000
8,322
98.3%
524,008
380,000
137.9%
4620
Investment Earnings
220
1,000
780
22.0%
3,862
1,000
386.2%
4700
Reimbursements
3,460
4,985
2,000
2,985
249.3%1
819
2,000
40.9%
4800
Transfers
89,650
89,650
-
100.0%1
87,050
87,050
100.0%
TOTAL REVENUES
58,397
697,683
703,800
(6,1171
99.1%
747,089
601.400
124.2%
EXPENDITURES:
6105
Salaries & Fringe Benefits
10,086
56,478
55,375
1,103
102.0%
50,559
51,290
98.6%
6200
Supplies, Repairs, Maint.
52,091
488,281
492,900
4,619
99.1%
537,942
393,900
136.6%
6300
Contracted Services
398
398
1,455
1,057
27.3%
398
1,625
24.5%
6306
Services; &Charges
26,336
1 139,067
154,000
14,933
90.3%
147,087
152,500
96.5%
6900
Misc. Expenses
25
1 904
70
834
1290.7%
107
85
125.6%
7000
Capital Outlay
-
-
-
0.0%
2,000
0.0%
TOTAL EXPENDITURES
68,763
685,128
703,800
18,672
97.3%
736,092
601,400
122.49/6
TOTAL REVENUE OVER
UNDER EXPENDITURES
(10.3671
12,555
12 555
10,997
COMMENTS:
CASH BALANCE: The end of year cash balance in the HATS Fund is $174,954; an increase of $43,033 from last year.
REVENUES:
Intergovernmental This income category consists of the funding from the State and County. The State is paying monthly and the County is
paying semi- annually in May and October.
Charges for Services This income category consists of the fuel sales to various governmental entities and is tracking slightly below budget YTD.
The decrease from 2011 is due in part to lower gas prices and also Trailblazer Transit no longer using our fuel system.
Investment Earnings Investment eamings will be calculated and booked over the next two months as Finance prepares for the audit.
Transfers This income category consists of the funding from the City and is paid semi - annually in May and October.
EXPENDITURES:
Supplies, Repairs, Maint. This expense category consists of the fuel purchased for use by various governmental entities and is tracking slightly below
budget YTD. The decrease from 2011 is due in pad to lower gas prices and also to Trailblazer Transit no longer using our fuel
system.
Services & Charges This expense category consists mainly of Liability Insurance, Utilities and Contract Repair & Maintenance. Utility Expense is
trending below budget due to the mild winter.
I�CG�
Hutchinson City Center
I I 1 Hassan Street SE
Hutchinson, MN 55350 -2522
320 - 587 -5151 / Fax 320 - 234 -4240
To: Mayor and City Council
From: Andy Reid, Controller
CC: Jeremy Carter, City Administrator
Date: January 15, 2013
Subject: December Investment Report
Attached for your review is the December Investment Report. Feel free to contact me with any
questions.
) 1(0�)
W,qk
OrY OF HUTCHINSON
investment Report
For Me Morth Ended December -31, 2012
Edward James FPCB 4,875% 4,1600/, 05JI 31201 0111 7W1 7 4.11,00C) �O 504,81.7.37 493,022.83 1'.J94-6-4 62,022.83 WA
Broker Total 3.8% 01,00CY.-M 504. B 17,37 493,022.83 1,.,794.54 62.022.83
Weis Fargo Money Markel 0.100% 955,438 15 9W,438, 15 955,4:38.15 WA
WeRs Fargo FHLB - Step 1.010% 1.000% 0 &3II2012 0&1 512022 1.000,00D.)O i,CM430-00 1,1000:000.00 430-00 0211512013
Web Fargo FHLB - Step 1.000% 1. }0% 0911812012 09 2812 960,000-00 "6.732,00 X60,000.00 (3.268,00) 031281221 13
WeRs Fargo FHLB - Step 1.500% 1-490% 0911812012 10104I2022 950.000.:0 9W.142,50 950, 0 [10. 00 142,50 04104,'201 3
Wells Fargo FHLB - Stop 1-000% 0.9904 1212812012 1212812022 1.500.0010.00 1,502.130.00 1, 500,000.00 2,130,00 06128120 13
Wells Fargo Gus 0350% 0.340% 1211212012 0641212013 200.000.00 200,224.00 200,0.00 224-00 NIA
Wells Fargo CD's O 350% 0.3500/a 1211212012 OWI V201-3 200.000.00 199.800.00 200,000.00 J200-00) WA
Grokor Total 42 9" 5,765,438-15 5,754..B96.65 5,755,438,15 (541,50)
UBS Financl.al Vorpey Markel 0.1"10 90,154.538 9[,154, 68 90,154,58 - N.,'A
UBS Finan6al Taxable Muni 5.3DIY% 5.100% 1112412010 0110112014 5 00, 000. 0 0 519,910,00 541,020,00 (21,110,00) 41,02000 N.,'A
UBS Financial Taxable Muni 2.408% 2.310% 0411712012 0110112017 5 GO, 000.0 0 521,325.00 524,500,00 (3,175.00) 24,50000 WA
LISS FinanGial CUS 1.000% 0J990% 1 OW1201 2 IOIM-2017 240,000.,IC° 241.375.20 240..000,00 11,37520 - Nj"A
UBS Fioandal CD's 1-350t/lo 1-34011/a 10PI412012 1010412018 24D,000AfL,% 24C.L909 - 60 240,000,00 gn-60 - N/A
Broker Total 12,0% 1,670.154,58 1.61 x.674.38 1.635.674-58 (22,000.20) 65.52000
TOTAL IWESTMENTS 100.0% S 13,290,585y13 S 13,422,223-34 13,41 x,127_'96 $ 5,095.3& .5 12# ,542.83
PORTFOLK) BY PRODUCT TYPE MATURITY SCHEDULE
I Pad 12012 % of 11 1=2012 % of Monthly Maturity Current Vaiue %
Product Type Total Value Total 7otaJ Value Total Change -ess than 1 year $4,110,479.57 30.6%
Money Markel $2.910.55,13 21.7% 52,340,399.24 17.5% $564.186.89 1 2 years 1.0119,120,114 7.6%
CD's 4.567r151-34 34-0% 4,157,1- 4.60 31.0% 410,036.74 2 3 years 1.859,7D9,13 13,9%
GoveHmment Bonds 4,904,251-87 36.53,Ic 5.853,471.04 43,4 (94921-U7) 3 - 4 y-ears 145,401-65 1-1%
M LI F11�L.-)ZIl Bards 1,041,235-00 7.83/... 040,945.00 7.8% 290.00 4 - 5 years 1,648.168-76 123%
TOTAL SI3,423,223.34 100.0% $.39397,929-88 1000% $25,293-46 b+ years 4.640,344-10 34.6%
TOTAL $13,423,223-34 100-0%
M
GDt B inicipal Bonds
M MMe
-- 8%
I "NMI
Sm n
22,x,
SI,SS9,709
cgs
$145,4,02
Less than I year 1. 2 gears 2 - 3 years 3 - 4 years 4 - 5 yeari 5+ Years
liit&r*sl
C u rr&nt
Date 6f
Date of
Par
Current
Purchase
Unrealized Premium,
Next
InsUtutlion
Des-qiptlion
Rate
YiAd
Purchase
Maturj�L
Value
Val"
Am "rit
Gain-ALoss) (Di-scount)
Call Date
Srnfth Burr
ey
Money Market
0.100%
1,664-592.40
1,864,992,40
1,864.992.40
NIA
Smith Bamey
CD's
3,300%
3,250%
06olOI2009
0641CV2013
100.000.00
01, 2:32,00
100,000.00
1.232.0D
NI.P.
Smith Bamey
CD's
3.30D%
3.250%
06x1012009
0611012013
100.000.00
101.232,00
100.000.00
1,232,OD
Smith Bamay
GD's
3.400%
33601%
M1 W009
OWI 012013
A00.00D.1)0
101,275.00
1 00,0M, 00
1,275-00
NIA.
Smith Rarn-vy
cgs
0.550%
0.540%
0713112012
0&0712013
243, 000 -CD
248.138.88
248,000.00
138-88
NIA.
Smith Bamey
CC'S
0,550%
0.450%
0713112012
0M71-'2013
248, 00-0.0 D
247,992.56
248100D.00
(7-44) T
NIA.
Smith Barney
C[Ys
0_600AIJD
0.590%
0 1 312012
48113/2014
24,9,D00,()G
249,6".91
249, 00 0.00
644-91
NIA
smith Ramey
CO's
0-800%
0.790 DIS
0 12J2012
12115/2014
249.000.00
249,565,23
2:49,000.,00
505,23
I.A.
Smith Barney
CD's
0.9 5 0,7/p
D-940%
02W2012
020 gn01 5
248. uW0.0a
249,691.36
248,000.00
1.6,91.36
NIA
Smfth Ran-rey
CD's
1.05011/;
1.G40%
02*312012
02115
248.aL)0.00
249,68 6.6 a
248,000.00
1.688.8a
NIA
Smith Bamey
CD'.s
0.95DO/..,
0,9400/t,
021=2012
02110!2015
248,000.00
249,688.88
248,000.00
I.688.88
WA
Smith Bamey
Ors
1.10 Do/c,
1.0Q0%
06=2012
0+0812015
115,000.00
115,218.50
115,00. 00
21&50
WA
Smith Bamey
CD's
0. a 0 11) 0/c,
0.790%
06#1512012
0611 512015
249,000.00
249.445.7-i
249,000-00
445.71
NIA
Smith Bamey
clys
1.050%
1.040%
06#1312012
0&1642015
2481009-DO
246,441.44
4$,Q -Q0. D0
441.44
NIA
Smith Barney
clys
1. 100 IYO
1.09G%
0713112012
C&1 0120 5
243, 000.00
248.245.521
248, 00 D, DO
245.52
WA
Smith Bamey
crys
0-800%
0.790%
0713112012
CW1712C1
24-9.000,D0
249,2891.84
249.000 00
288.84
NIA
:Smkh Sam-ey
M's
1-25G%
1.240%
0713112012
CB 2016
145,I)DO.D0
145,401 66
145.000.0 D
401.65
NIA
Smith Barney
CD's
1-750%
1-730'-/o
07131/2012
CW03/2017
130,000.00
131,220.70
130,000.00
1,220.70
NIA
Smith Barney
D,-S
1,75010
1.730%
0713112012
08;03'..,2017
247.000,00
249.430-48
247,000.00
2.430.48
NIA
Broker Total
41.3%
5. 5,33,99 2-40
5,54%834,94
5.533, 92.40
15,842.54
Edward James FPCB 4,875% 4,1600/, 05JI 31201 0111 7W1 7 4.11,00C) �O 504,81.7.37 493,022.83 1'.J94-6-4 62,022.83 WA
Broker Total 3.8% 01,00CY.-M 504. B 17,37 493,022.83 1,.,794.54 62.022.83
Weis Fargo Money Markel 0.100% 955,438 15 9W,438, 15 955,4:38.15 WA
WeRs Fargo FHLB - Step 1.010% 1.000% 0 &3II2012 0&1 512022 1.000,00D.)O i,CM430-00 1,1000:000.00 430-00 0211512013
Web Fargo FHLB - Step 1.000% 1. }0% 0911812012 09 2812 960,000-00 "6.732,00 X60,000.00 (3.268,00) 031281221 13
WeRs Fargo FHLB - Step 1.500% 1-490% 0911812012 10104I2022 950.000.:0 9W.142,50 950, 0 [10. 00 142,50 04104,'201 3
Wells Fargo FHLB - Stop 1-000% 0.9904 1212812012 1212812022 1.500.0010.00 1,502.130.00 1, 500,000.00 2,130,00 06128120 13
Wells Fargo Gus 0350% 0.340% 1211212012 0641212013 200.000.00 200,224.00 200,0.00 224-00 NIA
Wells Fargo CD's O 350% 0.3500/a 1211212012 OWI V201-3 200.000.00 199.800.00 200,000.00 J200-00) WA
Grokor Total 42 9" 5,765,438-15 5,754..B96.65 5,755,438,15 (541,50)
UBS Financl.al Vorpey Markel 0.1"10 90,154.538 9[,154, 68 90,154,58 - N.,'A
UBS Finan6al Taxable Muni 5.3DIY% 5.100% 1112412010 0110112014 5 00, 000. 0 0 519,910,00 541,020,00 (21,110,00) 41,02000 N.,'A
UBS Financial Taxable Muni 2.408% 2.310% 0411712012 0110112017 5 GO, 000.0 0 521,325.00 524,500,00 (3,175.00) 24,50000 WA
LISS FinanGial CUS 1.000% 0J990% 1 OW1201 2 IOIM-2017 240,000.,IC° 241.375.20 240..000,00 11,37520 - Nj"A
UBS Fioandal CD's 1-350t/lo 1-34011/a 10PI412012 1010412018 24D,000AfL,% 24C.L909 - 60 240,000,00 gn-60 - N/A
Broker Total 12,0% 1,670.154,58 1.61 x.674.38 1.635.674-58 (22,000.20) 65.52000
TOTAL IWESTMENTS 100.0% S 13,290,585y13 S 13,422,223-34 13,41 x,127_'96 $ 5,095.3& .5 12# ,542.83
PORTFOLK) BY PRODUCT TYPE MATURITY SCHEDULE
I Pad 12012 % of 11 1=2012 % of Monthly Maturity Current Vaiue %
Product Type Total Value Total 7otaJ Value Total Change -ess than 1 year $4,110,479.57 30.6%
Money Markel $2.910.55,13 21.7% 52,340,399.24 17.5% $564.186.89 1 2 years 1.0119,120,114 7.6%
CD's 4.567r151-34 34-0% 4,157,1- 4.60 31.0% 410,036.74 2 3 years 1.859,7D9,13 13,9%
GoveHmment Bonds 4,904,251-87 36.53,Ic 5.853,471.04 43,4 (94921-U7) 3 - 4 y-ears 145,401-65 1-1%
M LI F11�L.-)ZIl Bards 1,041,235-00 7.83/... 040,945.00 7.8% 290.00 4 - 5 years 1,648.168-76 123%
TOTAL SI3,423,223.34 100.0% $.39397,929-88 1000% $25,293-46 b+ years 4.640,344-10 34.6%
TOTAL $13,423,223-34 100-0%
M
GDt B inicipal Bonds
M MMe
-- 8%
I "NMI
Sm n
22,x,
SI,SS9,709
cgs
$145,4,02
Less than I year 1. 2 gears 2 - 3 years 3 - 4 years 4 - 5 yeari 5+ Years
LRA
Hutchinson Housing &
Redevelopment Authority
Regular- Board Meeting Tuesday, November 20, 2012, 7:00 AM
Minutes
1. CALL TO ORDER: Chairman Becky Felling called the meeting to order. Members Present: Bill Arndt,
LouAnn Holmquist, and Joel Kraft. Staff Present: Jean Ward and Judy Flemming.
2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON OCTOBER 16, 2012
Bill Arndt 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 of $34,482.68 for checks
8173 to 8188 and consideration of October 2012 City Center Financial Statements. LouAnn
Holmquist seconded and the motion carried unanimously.
b. LouAnn Holmquist moved to approve the Park Towers payments of $29,301.87 for checks 12164
to 12198 and consideration of Park Towers September 30, 2012 Financial Statements. Joel Kraft
seconded and the motion carried unanimously.
4. PARK TOWERS UPDATE
a. Occupancy Update — 100% occupied but Jean is working on a lease termination.
b. Cancellation of ConnectCare Home Care Services agreement; Allina has purchased ConnectCare
c. Consideration of Cancellation of Lease Addendum Tenant Housing with Services Contract
Associated with ConnectCare.
There will be no break in service for the residents /clients, but there will not a building agreement.
Jean will talk to Merline Duering at Prince of Peace to see if she wants to do an REP or if she
would like to try Allina. Becky agreed to work with Jean if it is decided to go through the RFP
process.
d. 2013 Operating Subsidy Calculation of $161,556 submitted to HUD. If sequestration occurs, an
8.2% overall HUD budget reduction is estimated - $148,308. Our 2013 Park Towers operating
subsidy budget is $140,774.
e. Rents being calculated for 2013. 1.7% Social Security increase for 2013. Medicare not yet
announced.
f $79,000 Award announcement to replace second boiler at Park Towers.
5. 734 SOUTHVIEW DRIVE UPDATE
Judy Flemming read to the Board the progress report from High School Instructor Daryl Lundin.
6. MHFA SINGLE FAMILY REQUEST FOR PROPOSAL -CRV APPLICATION APPROVAL OF
$35,000 TO CONTINUE ACQUISITION /REHAB/RE -SALE PROGRAM
VACANT PROPERTIES ON HUTCHINSON NUISANCE PROPERTY LIST.
Jean Ward updated with the Board that at this time none of the properties meet our program criteria.
8. FYI FORECLOSURE REPORT
November 20, 2012 Minutes
Page t of
9. DISCUSSION OF MAXFIELD STUDY PRESENTATION
Jean Ward reviewed with the Board the Maxfield Study presentation that basically said that the any
future large Hutchinson housing projects should be in a holding pattern until the economy gets better.
10. CORRESPONDENCE
• Letter sent to HUD
11. CONSIDERATION OF SETTING HOLIDAY BREAKFAST AFTER DECEMBER BOARD
MEETING
It was decided to go to Country Kitchen.
12. ADJOURNMENT
Bill Arndt moved to adjourn 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
November 20, 2012 Minutes Page 2 of 2��
RA
Hutchinson Housing &
Redevelopment Authority
Regular Board Meeting Tuesday, December 18, 2012, 7:00 AM
Minutes
CALL TO ORDER: Chairman Becky Felling called the meeting to order. Members Present: Bill Arndt,
LaVonne Hansen, LouAnn Holmquist, and Joel Kraft. Staff Present: Jean Ward and Judy Flemming.
2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON NOVEMBER 20, 2012
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. Bill Arndt moved to approve the City Center General Fund payments of $67,900.61 for checks
8189 to 8212 and consideration of November 2012 City Center Financial Statements. LaVonne
Hansen seconded and the motion carried unanimously.
b. LouAnn Holmquist moved to approve the Park Towers payments of $42,986.26 for checks 12199
to 12236 and consideration of Park Towers October 31, 2012 Financial Statements. Joel Kraft
seconded and the motion carried unanimously.
4. PARK TOWERS UPDATE
a. Occupancy Update — 1 vacant, but an applicant is being processed for it. Jean has issued a notice to
vacate to a tenant but it looks like she will have to take legal action to get him to move out.
b. Joel Kraft moved to approve Resolution 42012 -19 Removal of two ranges from Depreciation
Report. LouAnn Holmquist seconded and the motion carried unanimously.
c. Jean Ward gave the Board an update on the cancellation of ConnectCare Home Care Services
agreement. The County allows the resident to choose which provider they would like to use, so it
was agreed upon that the Park Towers policy would be the same.
d. Update on $79,000 award to replace second boiler at Park Towers. Lead based paint assessment
conducted December 11, 2012 required for financing of the 0% deferred loan forgiven after 20
years. LouAnn Holmquist moved to give Jean the authorization to issue the check once the
assessment report is received. LaVonne Hansen seconded and the motion carried unanimously.
e. Joel Kraft moved to execute the 2013 Senior Dining Lease. Bill Arndt seconded and the motion
carried unanimously.
5. 734 SOUTHVIEW DRIVE UPDATE
Judy Flemming presented the updated budget and read to the Board the progress report from High
School Instructor Daryl Lundin.
6. CONSIDERATION OF EXECUTION OF CONTRACT FOR MHFA SINGLE FAMILY REQUEST
FOR PROPOSAL -CRV APPLICATION APPROVAL OF $35,000 TO CONTINUE
ACQUISITION /REHAB/RE -SALE PROGRAM
Joel Kraft moved to execute the contract with MHFA for the CRV acquisition/rehab /re -sale program
for the 2013 -2014 School Year. Bill Arndt seconded and the motion carried unanimously.
December 18, 2012 Minutes Page I of 2
7. CONSIDERATION OF GENERAL CRITERIA REVISION TO CLARIFY UNDERWRITING
STANDARDS FOR HRA HOME IMPROVEMENT LOAN PROGRAM
Joel Kraft moved to approve the general criteria revision for the HRA Home Improvement Loan
Program. Bill Arndt seconded and the motion carried unanimously.
8. FYI FORECLOSURE REPORT
9. CORRESPONDENCE
• Letter sent from HUD
• Jean is meeting with the County HRA Board today.
10. ADJOURNMENT
LaVonne moved to adjourn 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
December 18, 2012 Minutes Page 2 of 2 ) D— (-,—))
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, November 20, 2012
Hutchinson City Council Chambers
1. CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members
present: Raymond Norton, Christie Rock, Bill Arndt, Dean Kirchoff, Jim Fahey and Chairman
Lofdahl. Absent: Dave Johnston Also present: Marc Sebora, City Attorney and Bonnie Baumetz,
Planning Coordinator
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
a) Consideration of Minutes dated October 16, 2012
Mr. Arndt moved to approve the consent agenda as submitted. Chairman Lofdahl noted a
correction in the minutes. The motion was seconded by Mr. Fahey with corrections. The consent
agenda was approved unanimously.
4. PUBLIC HEARINGS
a) CONDITIONAL USE PERMIT TO ALLOW A 1974 MOBILE HOME TO BE INSTALLED ON LOT
2, MCDONALD'S LAKEVIEW TERRACE, 1525 MCDONALD DRIVE S.W.
Chairman Lofdahl opened the hearing at 5:31 p.m. with the reading of publication #7960 as
published in the Hutchinson Leader on November 7, 2012.
Ms. Baumetz explained the property owner, McKraut Holding LLC, is requesting a conditional
use permit to allow installation of a 1974, 14'x 70', manufactured home on Lot 2, 1525
McDonald Drive S.W. in McDonald's Lakeview Terrace. The zoning ordinance states approval
of a conditional use permit is required in order to allow all relocated manufactured homes
constructed pre -June 14, 1976. Staff finds that the request would meet the requirements for
granting a conditional use permit and recommends approval subject to the following findings
and conditions. She explained there are some additions to the original staff conditions after
discussing the request with the building official as follows:
1. The proposal would meet the standards for granting a conditional use permit, subject to
the conditions stated.
2. Smoke and C.O. detectors are required in each bedroom and in the corridor;
3. The windows must be double glaze, minimum;
4. One egress window is required from each bedroom;
5. Gas piping installation must be retested, re- inspected and approved by the City Building
Inspector. Hutch Utilities provides seven inch water column;
6. The electrical service must be a minimum of 100 amp circuit breaker type with ground
fault interruption. All electrical must be intact and safe, i.e., no exposed wiring;
7. A building permit is required after approval of the conditional use permit;
8. Installation of home must be completed by licensed manufactured home installer;
9. Plumbing work must be completed by a licensed and bonded plumbing contractor;
10. Mechanical work must be completed by a bonded mechanical contractor.
IOL-k-F�
Minutes
Planning Commission —November 20, 2012
Page 2
Cindy Hoffman, manager of McDonalds Lakeview Terrace, explained the home has been
located in Minnesota and is owned by McKraut Holding LLC and is for resale. She stated they
do not normally bring in older homes but this home is in good condition and fits in Lot 2. She
reported there has been new windows and siding installed on the home. She will check with
the Building Official regarding the egress windows as required. She noted the purpose is
typically not to bring in older homes.
Mr. Arndt made a motion to close the hearing. Seconded by Mr. Kirchoff, the hearing closed at
5:40 p.m. Mr. Kirchoff made a motion to recommend approval of the request with the changes to
the staff recommendations. Seconded by Ms. Hantge, the motion carried unanimously.
Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their
meeting held November 27, 2012 in the Council Chambers at 5:30 p.m.
5. NEW BUSINESS
6. OLD BUSINESS
7. COMMUNICATION FROM STAFF
8. ADJOURNMENT
There being no further business the meeting adjourned at 5:45 p.m.
I �_ C-C-)