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cp12-08-2015HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, DECEMBER 8, 2015 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER— 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — Congregational UCC 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (]his is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals.) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of November 24, 2015 (b) Workshop of November 24, 2015 CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Resolution No. 14484 - Resolution In Support of Increasing Local Government Aid in the 2016 Legislative Session (b) Consideration of Change Order No. 4 —Letting No. 3, Project No. 15-03 (c) Consideration of Board Appointments - Steve Hahn to Airport Commission to September 2017 (Filling Joel Schwarze's Unexpired Term - Don Schroeder and Kay Yoch to Senior Advisory Board to January 2019 (d) Claims, Appropriations and Contract Payments — Register A APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS (6:00 P.M.) CITY COUNCIL AGENDA DECEMBER 8, 2015 9. Approve/Deny Ordinance No. 15-748 - An Ordinance Approving the Codification of the Hutchinson City Code (First Reading, Second Reading and Adoption set for December 22, 2015) COMMUNICATIONS REQUESTS AND PETITIONS (The purpose oj this portion oj the agenda is to provide the 777-7—with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities.) 10. Discussion of Seeking Grants for the Historic Interpretive Signage and "Founders' Park" Idea — Steve Cook 11. Review of Truth in Taxation Hearing 12. Review of City Snow and Ice Removal Service UNFINISHED BUSINESS 13. Follow Up Regarding the City of Hutchinson Acting as Fiscal Host for Elks Inclusive Play Park NEW BUSINESS 14. Approve/Deny Fire Relief Association Contribution Policy 15. Approve/Deny Participating in the Voluntary Assessment for the CGMC Wastewater Legal and Regulatory Program GOVERNANCE e purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 16. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Resource Allocation Committee Minutes from December 1, 2015 (b) 2016 Residential Leaf Vacuum Service Report MISCELLANEOUS 17. STAFF UPDATES 18. COUNCIL/MAYOR UPDATE ADJOURNMENT 2 HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, NOVEMBER 24, 2015 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, Chad Czmowski, Bill Arndt and John Lofdahl. Others present were Matt Jaunich, City Administrator and Marc Sebora, City Attorney (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Lofdahl, second by Christensen, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — Word of Life 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (]his is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance ofthe meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals.) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of November 10, 2015 (b) Workshop of November 10, 2015 Motion by Czmowski, second by Lofdahl, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Resolution No. 14481 — Resolution Amending the General Fund Budget for Fiscal Year 2015 (b) Resolution No. 14482 — Resolution to Appropriate Found Property to Police Department Use (c) Resolution No. 14483 — Resolution Approving Conditional Use Permit to Construct an Accessory Structure over 1000 Square Feet in Size That is Also a Pole Building at 1485 South Grade Road SW in an R-1 Zoning District (Favorable Planning Commission Recommendation) (c) Claims, Appropriations and Contract Payments CITY COUNCIL MINUTES NOVEMBER 24, 2015 Motion by Czmowski, second by Arndt, to approve the consent agenda. Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) - NONE purpose of this portion of the agenda is to provide the Council with information necessary to craft wise policy. Includes like monthly or annual reports and communications from other entities.) 8. Presentation on an Inclusive Play Park by Hutchinson Elks Tammy Lehn and Catherine Libor -Huse of the Hutchinson Elks presented before the Council. They explained that the Hutchinson Elks organization would like to install an inclusive play park in the Hutchinson Elks Park. The park would mainly be intended for adults and children with mobility and sensory impairments. Ms. Lehn provided a web site where information is stored about the project. The Elks requested that the City be used as a conduit for financing in that donations would be submitted to the City and then the City would submit payments. This is for tax purposes. Marc Sebora and Matt Jaunich noted that there is no issue with the City being the fiscal agent for the project, however certain processes will need to be addressed. The Elks also asked if the City could expend any funds toward the project. Mr. Jaunich noted that in the past, the City has expended funds for projects when there are gaps to fill. The City's budget is near to being set, so it may not be able to be included officially in the 2016 budget. Staff will respond to the Elks regarding the fiscal agent process. UNFINISHED BUSINESS NEW BUSINESS GOVERNANCE (The purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 9. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Resource Allocation Committee Meeting Minutes from November 3, 2015 (b) Hutchinson Housing & Redevelopment Authority Board Minutes from October 20, 2015 (c) Planning Commission Minutes from September 15, 2015 (d) City of Hutchinson Financial Reports and Investment Report for October 2015 MISCELLANEOUS 10. STAFF UPDATES Kent Exner — Mr. Exner noted that the solar project is complete with a project completion ceremony being held December 2, 2015, at 11:00 a.m. on site. Motion by Arndt, second by Christensen, to set public meeting for December 2, 2015, at 11:00 a.m. to attend the project completion ceremony for the solar project. Mr. Exner also noted that the City is hosting the MnDOT Bike/Ped Plan Regional Workshop on December 1, 2015. 2 CITY COUNCIL MINUTES NOVEMBER 24, 2015 Mr. Exner noted that the leaf vacuum service completed yesterday. 11. COUNCIL/MAYOR UPDATE John Lofdahl — Council Member Lofdahl spoke about things he and Mayor Forcier learned at the CGMC annual conference last week. One of the main issues was the CGMC requesting member cities to contribute towards appealing regulatory standards of the MPCA for clean water issues. A formal request came to the city today that will be placed on the next Council agenda. Bill Arndt — Council Member Arndt noted that he received a request for an additional street light on Milwaukee Avenue. Kent Exner noted that Milwaukee Avenue will most likely be included on the pavement management program next year where street lighting and other items will be addressed. ADJOURNMENT Motion by Arndt, second by Czmowski, to adjourn at 6:15 p.m. Motion carried unanimously. HUTCHINSON CITY COUNCIL BUDGET WORKSHIP MEETING MINUTES TUESDAY, NOVEMBER 24, 2015 AT 4:00 PM CITY CENTER — COUNCIL CHAMBERS 1. Call to Order Mayor Forcier called the workshop to order at 4:00 p.m. Members present included Mary Christensen, Bill Arndt, Chad Czmowski and John Lofdahl. Others present were: Matt Jaunich, City Administrator, Marc Sebora and Kent Exner, City Engineer DISCUSSION/REVIEW ITEMS Matt Jaunich, City Administrator, explained that the first few items before the Council are for informational purposes. 2. 2015 Regional Center & McLeod County Comparison Reports Mr. Jaunich pointed out that the City of Hutchinson has one of the highest tax rankings amongst regional centers, however has the third lowest LGA payment. 3. Shared Services Report Mr. Jaunich provided a report of the shared services the City is involved in with other entities. There are a multitude of services that are shared with outside entities that are identified in the five-page report. 4. SWAT/Special Response Team Report Mr. Jaunich provided a report to the Council on the City's SWAT/Special Response Team. Mr. Jaunich explained that the City's SWAT team, combined with the County's SWAT team, act as one unit when needed for incidents that occur throughout the county. Dan Hatten, Police Chief, presented before the Council. Chief Hatten explained that the county team and the city team act as one team when called out. Both teams are authorized to have 10 members, but neither team are rarely at full staffing due to the requirements and staff turnover. General discussion was held regarding the team, such as training, equipment, staffing, etc. 5. Dispatch Center Report Mr. Jaunich provided a report on the City's police dispatch center. Mr. Jaunich informed the Council that local dispatching has been in place since the 1970s, with the current dispatch center serving the City of Hutchinson since 1989 except for a nine month period from May of 1999 to February 2000. During that time the local dispatch center was consolidated with the County service, but reopened again "because of technological issues that could not be rectified between the Hutchinson Police Department and the McLeod County Sheriff's Office". The City Council adopted a resolution in 2000 reopening the local dispatch center which indicated that "McLeod County approves of the reopening". Since the reopening of the dispatch center, there has been discussion from time to time about exploring reconsolidation with the last conversation taking place in late 2007 early 2008. Mr. Jaunich provided further background on the dispatch center as well as two current agreements that the City has with both McLeod County and the South Central Minnesota Regional Radio Board. These agreements impact the dispatch center as they relate to equipment for the ARMER radio system and the regional communication plan (NG911). 6. Expanding DMV Hours Report Mr. Jaunich provided an analysis of the Department of Motor Vehicle office being open again Monday — Friday (it is currently closed on Mondays). Mr. Jaunich noted that the department has considered issuing passports again, if accepted by the federal government, which could institute being open another day of the week. The Council expressed they felt it would be good customer service to have the DMV office open again five days per week as well as look into being able to issue passports again. The Council concurred that if the DMV office is able to gain permission to issue passports again, then the office should be open five days per week. 7. Proposed Facility Manager Position Mr. Jaunich explained that as part of the 2016 budget, he is asking that the Council consider adding the position of a Facility Manager to oversee the maintenance, repair and custodial care of all city facilities. The main purpose behind the request is to consolidate several different duties that are currently being handled by several different positions/departments in to one individual and department. Staff is proposing to pay for the cost of the position without an impact to the tax levy. $50,000 would be taken from the $750,000 CIP contribution to the facilities plan/committee. The remaining costs would be covered by additional contributions from the City's various enterprise funds to the general fund. The position will be placed within the planning/building department and fall under the supervision of the Planning/Zoning/Building Director. 8. Debt Levy & Heavy Equipment Funding Mr. Jaunich reminded the Council that previously it has been noted that when it comes to heavy equipment needs, the use of excess local government aid cannot support the City's heavy fleet needs. With the pool project in 2016/2017 and the potential use of excess LGA to fund that project, the City's heavy fleet does not have a funding source in the short term. The current projected debt levy, based on all current general obligation improvement debt service, shows a substantial gap in 2017-2022 as old debt and refinanced debt falls is paid off The gap can be utilized for the City's heavy equipment needs by adding $1.25 million of general obligation equipment debt to the City's annual general obligation debt for street improvements in 2016, with the equipment debt being paid off over five years. 9. 2016 Revised Budget for Public Hearing Mr. Jaunich provided a copy of a revised budget that will be presented at the Truth in Taxation hearing set for December 3, 2015. Since the preliminary budget was set, staff has cut the budget. A 2.5% tax levy increase is factored into the proposed budget. Hospital security revenue was moved from Miscellaneous Revenue to Charge for Services; $306,950. Recreation revenue was reduced by $25,000 to account for the pool closure in 2016. HUC PILOT transfer is back to the full amount in 2016. Transfer -in from the self insurance fund to cover HSA contributions has been included. Fund balance of $25,000 is included for the use of the tree disease infestation and mitigation fund. The 2.5% tax levy increases means an annual increase of approximately $54.00 to a $130,000 home. 10. Current Tax Levy Projection for 2016 11. Anything Else Budget Related? Council Member Czmowski asked about outdoor ice at Park Elementary. Mr. Jaunich's understanding is that the rink will be flooded and staffed at Park Elementary and Northwoods Park for 2016. 12. Adjournment Motion by Lofdahl, second by Christensen, to adjourn at 5:25 p.m. Motion carried unanimously. HUTCHINSON CITY COUNCIL c'=y-fAa� Request for Board Action 7AL =-ft Agenda Item: Resolution in Support of Increasing LGA Department: Administration LICENSE SECTION Meeting Date: 12/8/2015 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As we get closer to the start of the legislative session, the CGMC is ramping up its advocacy efforts to generate legislative support for a $45.5 million increase in LGA funding, which would bring the LGA program back to its 2002 funding level. CGMC is asking cities to show their support by passing a resolution in favor of restored LGA funding. That resolution is attached for your consideration. BOARD ACTION REQUESTED: Approval of the resolution Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14484 A RESOLUTION IN SUPPORT OF INCREASING LOCAL GOVERNMENT AID (LGA) IN THE 2016 LEGISLATIVE SESSION WHEREAS, Local Government Aid (LGA) is a critical need for our city; and WHEREAS, LGA provides funding to restrain property taxes on homeowners and businesses; and WHEREAS, LGA provides for basic services such as public safety, infrastructure and fire protection; and WHEREAS, the legislature and state agencies have imposed unfunded mandates upon local cities, including increased pension requirements, expensive wastewater infrastructure costs, among other mandates; and WHEREAS, an LGA increase would help the city of Hutchinson by assisting the city in keeping its tax levy down and assisting in covering the costs of major city capital needs, along with providing for funding levels of LGA similar to other outstate regional centers; and WHEREAS, no Omnibus Tax Bill was passed by the 2015 legislature, thus freezing the LGA appropriation; THEREFORE, BE IT RESOLVED that the Hutchinson City Council hereby supports an increase in the base appropriation for Local Government Aid of $45.5 million effective for aid payable in 2017 and urges adoption of this proposal by the House and Senate. BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the following: the legislators representing the city of Hutchinson, Speaker of the House Rep. Kurt Daudt, Senate Majority Leader Sen. Tom Bakk, House Tax Chair Rep. Greg Davids, Senate Tax Chair Sen. Rod Skoe, and Governor Mark Dayton. ADOPTED BY THE HUTCHINSON CITY COUNCIL THE 8TH DAY OF DECEMBER, 2015 GARY T. FORCIER, MAYOR ATTEST: MATTHEW JAUNICH, CITY ADMINISTRATOR HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Approval of Project Supplemental Agreement - L3P15-03 - SA# 1 Department: PW/Eng LICENSE SECTION Meeting Date: 12/8/2015 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner/John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As construction has proceeded on the below listed projects there has been additional work, project scope revisions, and/or construction completion date changes. The items specified below have been identified and deemed necessary to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders and/or Supplemental Agreements are proposed as noted: o Supplemental Agreement No. 1 — Letting No. 3/Project No. 15-03 — 2016 Pavement Management Program This Supplemental Agreement addresses extending the Substantial Completion Date of 11/06/2015 to 11/23/2015 for additional work of reconstructing the blacktop area around the Parks Garage Building. Also per the City Engineer's request, the contractor agreed to pave the wear course on Golf Course Road NW this fall instead of next spring (completed 10/30/2015). This Supplemental Agreement does not affect the Final Completion Date. This Supplemental Agreement does not affect the Contract Price. BOARD ACTION REQUESTED: Approval of Change Orders Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: Submitted: 11/23/2015 STATE AID FOR LOCAL TRANSPORTATION SUPPLEMENTAL AGREEMENT City/County of City of Hutchinson 2015 Improvement Bonds: 435-4300-90530-7755 Supplemental Agreement No. 1 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. L3P15-03 L3P15-03 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Wm Mueller & Sons Inc Shady Ridge Rd NW & Golf Course Rd NW 831 Park Ave, P O Box 247 TOTAL SUPPLEMENTAL AGREEMENT AMOUNT Hamburg, MN 55339 $0.00 This Contract is between the Local Government Entity and Contractor as follows: WHEREAS: It is proposed to extend the Substantial Completion Date from 11/06/2015 to 11/23/2015 due to the rescheduling of wear course on Golf Course Road NW from next spring to this fall as requested by the City Engineer and also for additional work associated with previously approved Change Order No. 3. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: 1. The Substantial Completion Date is hereby extended to 11/23/2015. 2. This change does not affect the Final Completion Date. 3. The Contractor will not make claim of any kind or character whatsoever for any other costs or expenses which he may have incurred or which he may hereafter incur in performing the work and furnishing the materials required by this Agreement. COST BREAKDOWN There are no items associated with this Supplemental Agreement. * Funding category is required for federal projects. Approved By Project Engineer: Kent Exner Approved By Contractor: Wm Mueller & Sons Inc Approved by Hutchinson City Council on 12/08/2015. Signed Signed Date: 12/08/2015 Phone: (320) 234-4212 Date: Phone: (952) 467-2720 Original to Project Engineer; Copy to Contractor Substantial Completion: 11/23/2015 Completion Date: 06/17/2016 Page 1 of 1 CHECK REGISTER A - CITY OF HUTCHINSON CHECK DATE FROM 11/19/2015 - 12/08/2015 Check Date ------------------- 11/19/2015 Check ------------- 188768 Vendor Name -------------------------------------------------------------- GLOBAL DIESEL INNOVATIONS Description ---------------------------------------------------------------------- 55 GALXP3 FUEL TREATMENT Amount 9,735.00 12/08/2015 188771 ACE HARDWARE CM NON SLIP LINER, TAPE MOUNTING 288.77 12/08/2015 188772 AGRE-ROSENGREN, ASHLEY DAMAGE DEPOSIT 220.00 12/08/2015 188773 ALBERTS, LESLIE SKATING PROGRAM SUPPLIES 105.42 12/08/2015 188774 ALPHA WIRELESS MAINT ON CONSOLE OCT 794.75 12/08/2015 188775 AMERESCO L4P 15-04 - SOLAR PROJECT 225,500.00 12/08/2015 188776 AMERICAN BOTTLING CO MISC BEVERAGES 104.96 12/08/2015 188777 AMERIPRIDE SERVICES TOWEL, MOPS 89.53 12/08/2015 188778 ARCTIC GLACIER USA INC. ICE 209.83 12/08/2015 188779 ARNESON DISTRIBUTING CO NOV PURCH 938.05 12/08/2015 188780 ARTISAN BEER COMPANY NOV PURCH 379.05 12/08/2015 188781 ASSURANT EMPLOYEE BENEFITS DENTAL INSURANCE NOV 2015 7,134.24 12/08/2015 188782 AUTO VALUE - GLENCOE HY08-08MP 254.12 12/08/2015 188783 B.T. LOCK & KEY LLC KEY DUPLICATE, DORM FULL MORTIZE LOCKSET 437.00 12/08/2015 188784 BEACON ATHLETICS POROUS RUBBER MATS 693.00 12/08/2015 188785 BEACON BANK NOVEMBER TAX SETTLEMENT 2015 17,924.34 12/08/2015 188786 BECKER ARENA PRODUCTS PAD BOTTOM 3,599.17 12/08/2015 188787 BELLBOY CORP NOV PURCH 1,042.76 12/08/2015 188788 BERNICK'S MISC BEVERAGES 256.40 12/08/2015 188789 BETHLEHEM UNITED METHODIST CHURCH COMPOST BAG HANDOUT -YOUTH GROUP 500.00 12/08/2015 188790 BRAUN INTERTEC CORP 2015 PAVEMENT GOLF COURSE/SHADY RIDGE 2,438.00 12/08/2015 188791 BURNHAM COMPANIES LLC 115 YARDS SINGLE GRIND NATURAL MULCH 862.50 12/08/2015 188792 BUSINESSWARE SOLUTIONS ELEITEBOOK REVOLVE 4,402.45 12/08/2015 188793 C & L DISTRIBUTING NOV PURCH 54,304.25 12/08/2015 188794 CARDIAC SCIENCE BATTERY G3 AED POWERHEART 249.00 12/08/2015 188795 CARDTRONICS ATM SECURITY UPGRADE 656.00 12/08/2015 188796 CARSON PATROL SHOP LLC RESCUE 8 3,518.21 12/08/2015 188797 CENTRAL MCGOWAN ACETYLENE, ARGON 156.22 12/08/2015 188798 CGMC CONFERENCE ATTENDANCE 11/12 & 11/13 G.FO 330.00 12/08/2015 188799 COMDATA CORPORATION MISC PURCH 417.50 12/08/2015 188800 CONTINENTAL RESEARCH CORP FREIGHT ON ORIGINAL INVOICE 26.73 12/08/2015 188801 CROW RIVER AUTO & TRUCK REPAIR PATCH TIRE 22.10 12/08/2015 188803 CROW RIVER GOLF CLUB BANQUET OPEN FOOD, RENTAL 993.22 12/08/2015 188804 CROW RIVER OFFICIALS ASSN YOUTH BASKETBALL 840.00 12/08/2015 188805 CROW RIVER PRESS INC #10 WINDOW ENVELOPES 2,243.58 12/08/2015 188806 DAVE'S PALLET SERVICE #2 4 WAY PALLET 5,460.00 12/08/2015 188807 DIRECT PLASTICS GROUP WONDERBLEND GARDEN SOIL BAGFILM 30,202.63 12/08/2015 188808 DOSTAL, KARLA DAMAGE DEPOSIT 260.00 12/08/2015 188809 DROP -N -GO SHIPPING INC Postage 10/11-10/17/15 1,942.97 12/08/2015 188810 DUININCK INC 19P15-09 14,902.36 12/08/2015 188811 EARTHLY DELIGHTS LTD NOVEMBER TAX SETTLEMENT 2015 10,231.46 12/08/2015 188812 EAST SIDE OIL COMPANIES BULK DIESEL 217.57 12/08/2015 188813 EHLERS & ASSOCIATES INC 2015 DISCLOSURE REPORTING 3,800.00 12/08/2015 188814 ENERGY SALES INC MICA WINDOW 856.71 12/08/2015 188815 EVENT SOFTWARE FASTBOOK 5.5 ANNUAL MAINT & 5.5 ONLINE A 986.00 12/08/2015 188816 FENSKE'S STUMP REMOVAL CUT & REMOVE TREES- SOLAR PROJECT 13,500.00 12/08/2015 188817 FETT, JULIE DAMAGE DEPOSIT 260.00 12/08/2015 188818 FIRST CHOICE FOOD & BEVERAGE SOLUTI COL 1.5 FP CASE 114.00 12/08/2015 188819 FOREST EDGE WINERY DEC PURCH 234.00 12/08/2015 188820 FORESTRY SUPPLIERS INC POLANZ RAGER- DRIP TORCH 279.85 12/08/2015 188821 FORKLIFTS OF MINNESOTA INC HOLE IN FORK BLADE 644.48 12/08/2015 188822 FRANEK, CORY SAFETY FOOTWEAR/FT 174.99 12/08/2015 188823 FREIGHT QUOTE.COM BOL 70431362 450.00 12/08/2015 188824 G & K SERVICES COVERALLS 168.20 12/08/2015 188825 GEB ELECTRICAL INC REPLACED 50W FIX WITH 96W LED 335.10 12/08/2015 188826 GOPHER STATE FIRE EQUIPMENT CO. ANNUAL INSPECTION & CERTIFICATION 298.25 12/08/2015 188827 GRAINGER TIME DELAY RLAY 81.37 12/08/2015 188828 HANSEN, ANGIE SKATING REFUND 40.00 12/08/2015 188829 HENRY'S WATERWORKS INC ALLSTAINLESS STEEL REPAIR CLAMP 185.35 12/08/2015 188830 HILLYARD / HUTCHINSON LINER, TOWEL 1,467.06 12/08/2015 188831 HODSON, KEVIN & MARY MAILBOX REMPLACEMENT 53.66 12/08/2015 188832 HP INC HP 4 -GB PC 3 MEMORY 7,321.60 12/08/2015 1188833 IHRA I B. QUAST- REVOLVING LOAN PROGRAM 2,600.00 CHECK REGISTER A - CITY OF HUTCHINSON CHECK DATE FROM 11/19/2015 - 12/08/2015 Check Date ------------------- 12/08/2015 Check ------------- 188834 Vendor Name -------------------------------------------------------------- HUTCHINSON AREA HEALTH CARE Description ---------------------------------------------------------------------- DECEMBER CAM & SA Amount 2,166.00 12/08/2015 188835 HUTCHINSON CO-OP 89 OCTANE 10% ETHANOL 16,781.58 12/08/2015 188836 HUTCHINSON CONVENTION & VISITORS BU OCT 2015 LODGING TAX 8,070.44 12/08/2015 188837 HUTCHINSON FIGURE SKATING ASSOC PROF SERVICES SKATING INSTRUCTION OCT -DE 1,484.00 12/08/2015 188838 HUTCHINSON HUSKIES BASEBALL VMF GRANT PROCEEDS 1,500.00 12/08/2015 188839 HUTCHINSON LEADER 24 MONTH RENEWAL 103.00 12/08/2015 188840 HUTCHINSON SENIOR ADVISORY BOARD TOUR REIMBURSEMENT 1,509.55 12/08/2015 188841 HUTCHINSON WHOLESALE TOOLS FOR CROW RIVER FOUNTAIN 1,699.63 12/08/2015 188842 HUTCHINSON YOUTH BASKETBALL ASSN REIMB OF REGISTRATION FEES 2,227.00 12/08/2015 188843 HUTCHINSON, CITY OF WATER SERVICE 9/1/15-9/30/15 2,968.78 12/08/2015 188844 INTEGRATED FIRE & SECURITY FA TROUBLE AFTER CPU REPLACEMENT 237.50 12/08/2015 188845 INTEGRATED POWER SERVICES LLC INSPECTION FEE 50.00 12/08/2015 188846 INTERSTATE BATTERY SYSTEM MINNEAPOL MHD 1,435.72 12/08/2015 188847 J & B PALLET 48X40 #2 GMA PALLETS 6,780.00 12/08/2015 188848 J. P. AUSTIN ASSOCIATES INC A- TOPS MEDIUM VERMICULITE 11,740.56 12/08/2015 188849 JJ TAYLOR DIST OF MN NOV PURCH 6,893.04 12/08/2015 188850 JOHNSON BROTHERS LIQUOR CO. NOV PURCH 22,656.58 12/08/2015 188851 JORDAHL, JIM ADAPTED REC DANCE- 11/10/15 100.00 12/08/2015 188852 KENNEDY SCALES INC Z11HD U OF M 1,240.23 12/08/2015 188853 KERI'S CLEANING CLEANING 11/16-11/30 1,875.00 12/08/2015 188854 KOHLS SWEEPING SERVICE PILED CONCRETE & ASPHALT CHUNKS 1,495.00 12/08/2015 188855 KOSEK, ANDREW NEW OFFICE CHAIR 267.80 12/08/2015 188856 KRANZ LAWN & POWER TOP END POLE 309.74 12/08/2015 188857 L & P SUPPLY CO 24" SNOW TROWER 875.00 12/08/2015 188858 LANDSCAPE CONCEPTS INC ROUND UP-- ROUND -A -BOUT 285.00 12/08/2015 188859 LEAUGE OF AMERICAN BICYCLISTS SIGNS 150.00 12/08/2015 188860 LENARZ, TRISHA SET UP OF TEAM PHOTOS 499.99 12/08/2015 188861 LENARZ, TROY PHOTOGRAPHY FEE 499.99 12/08/2015 188862 LOCATORS & SUPPLIES MONK LENS CLEANING TOWELETTES 86.26 12/08/2015 188863 LOCHER BROTHERS INC NOV PURCH 38,561.60 12/08/2015 188864 M -R SIGN STOP, 2 POST PUNCH 546.90 12/08/2015 188865 MACQUEEN EQUIP INC REBUILD WARTHOG 8,673.84 12/08/2015 188866 MCLEOD COOP POWER ASSN ELECTRIC TRANS 1440 CALGARY LN SE BUILDI 800.00 12/08/2015 188867 MCLEOD COUNTY FIRE CHIEFS ASSN ACTIVE 911 FEE 375.00 12/08/2015 188868 MCLEOD COUNTY ZONING ADM VARIANCE HJP15-V1, (MITGI) 346.00 12/08/2015 188869 MCRAITH, JOHN OFFICE POCKET FOLDERS, ANTENNAS 355.86 12/08/2015 188870 MENARDS HUTCHINSON 2X4-6' SPF 126.54 12/08/2015 188871 MIDWEST CUSTOM APPAREL JACKET/COAT 335.88 12/08/2015 188872 MINNEAPOLIS, CITY OF APS TRANSACTION FEES OCT 2015 SECURITY P 72.00 12/08/2015 188873 MINNESOTA DEPT OF HEALTH WATER SUPPLY SERVICE CONNECTION FEE 7,573.00 12/08/2015 188874 MINNESOTA MUNICIPAL BEVERAGE ASSOC BEVERAGE ALCOHOL TRAINING 200.00 12/08/2015 188875 MINNESOTA VALLEY TESTING LAB BOD 1,101.60 12/08/2015 188876 MN BCA-CJTE REF # 102715BN-P MIELKE BASIC NARCOTICS 375.00 12/08/2015 188877 MORGAN CREEK VINEYARDS NOV PURCH 358.56 12/08/2015 188878 MURPHY GRANITE CARVING HUTCHINSON 10 PAVERS - PD MEMORIAL PARK 289.91 12/08/2015 188879 O'REILLY AUTO PARTS SEAT COVER 127.37 12/08/2015 188880 OEM MAKE 6 PLATES- FLATS, PLASMA 271.21 12/08/2015 188881 OENOPHILIA MISC 256.80 12/08/2015 188882 OFFICE DEPOT RIBBON 128.39 12/08/2015 188883 OFFICE OF MN IT SERVICES SERVICES ENDING 10/31/15 104.05 12/08/2015 188884 OLD DOMINION BRUSH INST PANEL COMPLETE 931.10 12/08/2015 188885 PHILLIPS WINE & SPIRITS NOV PURCH 17,717.80 12/08/2015 188886 POSITIVE ID INC ID CARD 18.40 12/08/2015 188887 POSTMASTER DEC POSTAGE 1,650.00 12/08/2015 188888 PRIDE SOLUTIONS INC SKID PLATE 95.00 12/08/2015 188889 PRINCE OF PEACE SENIOR APT INC NOVEMBER TAX SETTLEMENT 2015 7,455.78 12/08/2015 188890 PROMAXX TRUCK PARTS SHOE, CORE, BRAKE KIT 56.19 12/08/2015 188891 PTM DOCUMENT SYSTEMS W -2'S 132.94 12/08/2015 188892 QUADE ELECTRIC P&S 2095 GREY, LAMPS 305.70 12/08/2015 188893 QUILL CORP BATTERIES 44.51 12/08/2015 188894 RJ LTRANSFER FREIGHT 1,112.80 12/08/2015 188895 REFLECTIVE APPAREL FACTORY INC ANSI 3 WATER RESISTANT 3 SEASON JACKET 550.85 12/08/2015 1188896 SAM'S CLUB IOFFICE SUPPLIES, CONCESSION SUPPLIES 103.50 CHECK REGISTER A - CITY OF HUTCHINSON CHECK DATE FROM 11/19/2015 - 12/08/2015 Check Date ------------------- 12/08/2015 Check ------------- 188897 Vendor Name -------------------------------------------------------------- SCHILLING-FENSKE, TRISHA Description ---------------------------------------------------------------------- DAMAGE DEPOSIT Amount 300.00 12/08/2015 188898 SCHIMMEL CONSTRUCTION LLC B. QUAST 405 ROSE LANE NE 13,035.00 12/08/2015 188899 SEBORA, MARC GLENCOE MEETING WITH MIKE LONG PROSPECT 40.53 12/08/2015 188900 SHAW, KAREN YOGA/PILATES- NOVEMBER 125.00 12/08/2015 188901 SOUTHERN WINE & SPIRITS OF MN NOV PURCH 10,080.76 12/08/2015 188902 SPARTAN STAFFING WK ENDING 11/15/15 4,898.91 12/08/2015 188903 STANDARD PRINTING NOTARY DIE, IDEAL 100 STAMP PAD 24.90 12/08/2015 188904 STAPLES ADVANTAGE TOWEL, TISSUE, GLOVE PWDR 372.36 12/08/2015 188905 STREICH TRUCKING LOADS 11/19-11/20 2,830.00 12/08/2015 188906 TASC January 2016 Flex Adm. Fees 1,488.61 12/08/2015 188907 THOMSON REUTERS -WEST DISCOUNT PLAN CHARGES OCT 651.00 12/08/2015 188908 TITAN MACHINERY DIAGNOSE & REPAIR LISTED ISSUE- EMERGENC 6,871.49 12/08/2015 188909 TKO WINES NOV PURCH 248.95 12/08/2015 188910 TRUE BRANDS LIQUOR 138.35 12/08/2015 188911 UNIFORMS UNLIMITED CHIEF UNIFORM 147.89 12/08/2015 188912 UNITED ABSTRACT COMPANY SCHEURER, L12 EXC S/2 S/2 BLOCK 10 HUTCH 100.00 12/08/2015 188913 UNIVERSITY OF MINNESOTA ANNUAL MTG CITY ENGINEERS 1/27-29/16 K. 380.00 12/08/2015 188914 US BANK EQUIPMENT FINANCE CONTRACT ALLOWANCE 11/20-12/20/15 388.41 12/08/2015 188915 USAQUATICS HUT13016 HUT AQUATIC CENTER 165,687.60 12/08/2015 188916 VALLEY SALES OF HUTCHINSON BUSHING 22.36 12/08/2015 188917 VERTECH SOLUTIONS & SERVICES RENTAL AC A4#12053 DISHMACHINE 69.95 12/08/2015 188918 VIKING BEER NOV PURCH 14,932.59 12/08/2015 188919 VIKING COCA COLA COKE 454.65 12/08/2015 188920 VINOCOPIA INC NOV PURCH 1,708.00 12/08/2015 188921 WASTE MANAGEMENT OF WI -MN 11/1-11/15 DISPOSAL FEES 4,930.70 12/08/2015 188922 WENDLANDT TREE SERVICE INC. 40X48 4 WAY PALLET #2 840.00 12/08/2015 188923 WEST CENTRAL SANITATION INC. OCTOBER HAULING SERVICE 46,467.91 12/08/2015 188924 WIRTZ BEVERAGE MINNESOTA NOV PURCH 13,475.81 12/08/2015 188925 WM MUELLER & SONS BITUMIONOUS PATCH 15,490.25 12/08/2015 188926 WM MUELLER & SONS - SEPARATE CK 1_3P15-03 392,440.51 12/08/2015 188927 ZEP SALES AND SERVICE ZEP BLOW OFF 305.90 Grand Total I 1 1,324,823.62 CHECK REGISTER B - CITY OF HUTCHINSON CHECK DATE FROM 11/19/2015 - 12/08/2015 Check Date Check -------------------------------- 12/08/2015 188802 Vendor Name -------------------------------------------------------------- CROW RIVER GLASS Description ---------------------------------------------------------------------- GLASS BOX FOR CEMETERY Amount 52.55 Grand Total 52.55 HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Codification of the Hutchinson City Code Department: Legal LICENSE SECTION Meeting Date: 12/8/2015 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ✓❑ Public Hearing Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The City periodically has our code of ordinances reviewed and recodified so that our code is up to date and recent ordinance amendments or adoptions are included in our code book. During the course of this year, staff has been working with the City's ordinance codifier, American Legal Publishing, on codifying the City's current city code. The ordinance included in the packet is proposed to adopt all of the ordinance updates and codify the set of ordinances. The last recodification of our ordinances occurred in 2004. No major changes have been made to the ordinances. Overall, references to state law or publications have been removed or updated as applicable. Specific updates to note include changing the term "non-intoxicating malt liquor" to "3.2% malt liquor"; mirroring policy language pertaining to delinquent accounts; removing reference to appealing to the City Building Code Board of Appeals, which we have not had for many years, in cases of challenging interpretations of the State Building Code - all appeals will now go to the State; removing reference to the "Housing Advisory and Appeals Board" and replacing with "Property Maintenance Code Board of Appeals" - this is to comply with the International Property Maintenance Code that the City has already adopted; removed reference to Administrative Offenses since that program was repealed several years ago; updated snowmobile equipment requirements since the former regulations were from 1970; no longer require photograph being submitted with transient merchant/peddler application, but rather at time license is issued - this is to avoid allegations of discrimination; no tattooing of a minor regardless of whether parental consent is given in compliance with state law; and pawnbrokers must now keep records for seven years to comply with federal laws. Please note that because the codification process began the end of 2014, ordinances that were adopted after October 28, 2014, are not included in this codification. Those ordinances will be included in the first supplement to the code that will be completed in the first quarter of 2016. BOARD ACTION REQUESTED: First reading of Ordinance No. 15-748. Set second reading and adoption for December 22, 2015. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Ordinance No. 15-0748 An Ordinance Enacting a Code of Ordinances for the City of Hutchinson, Minnesota, Amending, Restating, Revising, Updating, Codifying and Compiling Certain Ordinances of the City Dealing With the Subjects Embraced in the Code of Ordinances, and Providing Penalties for the Violation of the Code of Ordinances. WHEREAS Minnesota Statutes Sections 415.02 and 415.021 authorize the city to cause its ordinances to be codified and printed in a book, NOW THEREFORE the City Council of the City of Hutchinson, Minnesota, hereby ordains: Section 1. The general ordinances of the City as amended, restated, revised, updated, codified and compiled in book form, including penalties for the violations of various provisions thereof, are herby adopted and shall constitute the "Code of Ordinances of the City of Hutchinson". This Code of Ordinances also adopts by reference certain statutes and administrative rules of the State of Minnesota as named in the Code of Ordinances. Section 2. The Code of Ordinances as adopted in Section 1 shall consist of the following titles: I. General Provisions III. Administration V. Public Works VII. Traffic Code IX. General Regulations XI. Business Regulations XIII. General Offenses XV. Land Usage Section 3. All prior ordinances, pertaining to the subjects treated in the Code of Ordinances, shall be deemed repealed from and after the effective date of this ordinance, except as they are included and re -ordained in whole or in part in the proposed Code of Ordinances; provided, this repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall this repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall this repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code of Ordinances. All fees established in prior ordinances codified in this Code shall remain in effect unless amended in this code or until an ordinance or resolution adopting a fee schedule is adopted or amended. Section 4. This ordinance adopting the Code of Ordinances shall be a sufficient publication of any ordinance included in it and not previously published in the city's official newspaper. The Clerk of the City shall cause a substantial quantity of the Code of Ordinances to be printed for general distribution to the public at actual cost and shall furnish a copy of the Code of Ordinances to the local library. The official copy of this Code of Ordinances shall be marked and kept in the office of the City Clerk. Section 5. The Code of Ordinances is declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by Minnesota Statutes by the Courts of the State of Minnesota. Section 6. This ordinance adopting the Code of Ordinances, and the Code of Ordinances itself, shall take effect upon publication of this ordinance in the City's official newspaper. Adopted by the City Council this 22nd day of December, 2015. Gary T. Forcier, Mayor Attest: Matthew Jaunich, City Administrator HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Discussion on Seeking Grants for the Historic Interpretive Signage Department: Administration LICENSE SECTION Meeting Date: 12/8/2015 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Steve Cook Reviewed by Staff ❑ Communications, Requests Time Requested (Minutes): 10 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: Former Mayor Cook has asked to address the City Council to discuss the idea of seeking grants for the historic interpretive signage portion of our Signage & Wayfinding Plan and to discuss a "Founders' Park" idea. Steve is willing to work on the grant applications, but wants to have the council's blessing. Please note that the interpretive signs were identified in the "future phases" portion of our Signage & Wayfinding Master Plan. While Phase 1 has identified funds to help pay for that phase, "future phases" does not have a funding source at this time so potential grants for the project would be beneficial. Phase 1 of the Master Plan is currently in the 2016 budget and is expected to be completed in the spring of 2016. BOARD ACTION REQUESTED: Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Review of Truth in Taxation Hearing Department: Administration LICENSE SECTION Meeting Date: 12/8/2015 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ Communications, Requests Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: As a follow up to the Truth in Taxation Hearing from Thursday, the Council should have a discussion on whether or not there is a desire to change anything in regards to the 2016 budget and/or tax levy. Requests (if any) for additional information from the Truth in Taxation Hearing will be presented at this time as well. BOARD ACTION REQUESTED: Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Tonight's presentation is meant to give a brief overview of snow removal operations in the City of Hutchinson. SNOW & ICE POLICY • City's goal is to provide reasonable service that allows travel. Emergency Commercial • Personal The Snow & Ice Policy is designed to create the necessary authority, personnel, equipment and priority assignments for City personnel to get streets & roadways cleaned to support emergency, commercial and personal travel within the City. 2 Initiating Operations • Weather monitoring • Mn/DOT Roadway Weather Information System (RWIS) • Mn/DOT Aeronautics weather information ' Websites (NOAH, AccuWeather, etc.) ' Television, radio and other media • Look out the window O City staff use a variety of weather monitoring systems. Current and predicted weather play a key role in the decision-making process whether to initiate snow operations. There are a host of tools used to monitor weather. Mn/DOT has weather tools that seem to be very reliable. We use other media to 'check' what we're seeing on Mn/DOT's sites. With all of these high-tech tools, the most reliable system remains just getting up early in the morning and looking out the window. Once a decision has been made regarding a planned response personnel are notified. Whenever possible, operations are planned to avoid overtime situations. After staff has been notified, the Police Department is notified. 3 Snow Emergency • City Code § 72.15 • DECLARATION OF SNOW EMERGENCY; PARKING PROHIBITED. • (A) The City Administrator or other designated official may declare a snow emergency in the city. The emergency shall be declared by 4:00 p.m. and shall take effect later that same evening at 12;00 midnight. The snow emergency shall continue to be in effect for 24 hours. • (B) Notice of the declaration of a snow emergency shall be given by notifying the local news media; however the notification shall be a service right only and not a duty on the part of city officials. • (C) luring a declared snow emergency, no motor vehicle shall be parked on any street or alleyway in the car between the hours of midnight and 7:00 a.m. except as otherwise posted. • (D) During a declared snow emergency, any police officer is authorized to have a motor vehicle which is parked in violation of this section removed at the owners' expense. • (Ord. 09-0538, passed 12-22-08) For the last six years, there has been a snow emergency ordinance in place. Some years, the snow emergency is used frequently, and other years, there isn't a need to use it all winter long. The City's ordinance restricts on -street parking from midnight to 7:00 a,m. following declaration of a snow emergency. Motor vehicles parked in violation of the ordinance may be towed at the owner's expense. 4 Snow Emergency • Generally by noon, but for sure prior to 4,00 p.m, each day, a decision will be made as to whether notification of a snow emergency is necessary. If weather conditions warrant, notification I5 made to: • Snow emergency line (320) 234.5699 • KDUZ"P HCVN Gable Channel 7 & 10 • Hulchirrson Leader Website City notfication system (sign up on web site) • Designated City staff Personnel involved in snow removal • Updating a message on a dedicated telephone message Ilne • Updatinglinitiating any other current or haws notification systems that may be implemented • Panting restrictions begin at 12:00 a.m. and are In effect untti 7:00 a.m. that morning. It may tse necessary to Mate success€ve snow emergencies. Each time a stow emergency is declared, the 7 -hour parking restrictions begin again. • Pasted, existing parking regulatiom win be enforced. • Issues identified by City staff engaged In snow removal operations are reported to the senior Public Works employee, who coordinates with the Police Department. • The intent is to use the notification procedure judiciously, taking into account weather conditions, precipitation lypelaccumulatlon, and planned maintenance activities. Generally, the snow emergency will be declared after 4' of snow, severe drinFng, or the necessity to treat roadways for severe slippery conditions. Usually by noon, but for sure before 4:00 p.m., a decision will be made whether to call a snow emergency. If a snow emergency is declared, there are several ways that are used to notify the public. There may be a need to declare back-to-back snow emergencies. Each time, the parking restrictions are renewed. Snow crews and the PD work together to address any problem areas. Typically not used until 4" of snow, severe drifting, or as necessary for treating slippery conditions. 5 Snow Removal Operations • Two things you can do with snow: • 1) Move it out of the way 2) Let it melt low __. __.. .... 400 - --. o _... mi— 1 2 3 S S e 7 8 9 10 Snow removal isn't rocket science, because there's only two things you can do with snow. You can move it out of your way or you can let it melt. Moving it out of the way is the most common and effective method. Methods include shoveling, plowing and snow blowing. Of course when weather conditions allow, melting occurs naturally. When the weather isn't warm enough, we add chemicals to suppress the freezing point and help the melting process. Basically, salt, sugar and alcohol can be used to suppress the freezing point of snow and ice. The most common freeze point suppressant is sodium chloride (Salt). Other chemicals are generally chloride - based, but lately we've seen byproducts from various high -sugar content agricultural products being used as freeze point suppressants alone or in combination with chloride -based products. The focus of snow/ice control in the last 15 years has decidedly been focused on melting. With costs of chemicals rising dramatically, and because of potential environmental affects, we have shifted our focus back to mechanical means of snow removal, deliberately reducing chemical use over time. A Snow Removal Operations • Move it out of the way • We use 28 vehicles/equipment to move snow out of the way • Let it melt • We use salt or sunshine/warm temperatures to melt the snow We use more than two dozen vehicles and equipment to move snow out of the way. Snowplows, wing plows, snow pushers, and snow blowers are used to mechanically move snow. By doing a good job of mechanically moving snow, it is surprising what nature will do to help keep pavements clean. Our best example is at the airport. We do not use any chemicals at the airport because light aircraft are very sensitive to de-icing chemicals. Yet, after snow removal operations are complete, it generally isn't long before the runway and taxiways clear under the sun's power. As mentioned, we have deliberately reduced the use of chemical this year, but we still use sand/salt to address intersections, curves, and other roadway features for safety reasons. 7 Move it out of the way PERSONNEL - 26 staff Operations & Maint. Full-time =11 Parks = 5 Water — 1 Wastewater =1 Contract= up to S Everyone in Operations & Maintenance is involved in snow removal and has assigned routes. The Arborist is generally assigned during the day to provide necessary services after most of the crew is gone for the day. Every Park Maintenance operator is involved in snow removal. CreekSide and Public Works (Engineering, Water, Wastewater) also provides backup employees and equipment for snow removal operations, if necessary. There may be times when some of these employees are not used, depending upon snow conditions. Up to eight trucks & drivers are contracted for snow hauling. They are available on-call and receive an hourly rate for their truck and labor, along with an annual retainer fee. For lighter snowfall, usually only 5 trucks are used. 8 trucks are used for heavy snow events. This is necessary to get snow removal operations done before heavy traffic begins downtown. Snow Removal Equipment 6 Wheel Loaders 8 Snowplow Trucks Operations are adjusted each year, depending upon equipment and staffing available. The City utilizes 6 wheel loaders. 5 are assigned functions and 1 serves as a backup unit. wheel loaders are equipped with snowplows and wing plows. The backup wheel loader is equipped with a front plow only, 1 loader is used to carry the snow blower used for snow removal. Up to 3 wheel loaders are used in the downtown area to clean streets, alleys, parking lots and facilities. 2 wheel loaders are used at the schools on the west side of towEach of loaders, after having plowed their primary route, go out to various routes within the City to assist snowplow trucks. Loaders are also used to clean up at the airport, too. 8 snowplow trucks are used. 5 are assigned to primary routes of about 15 centerline miles each. A 6t" truck works the downtown area. The 71h truck is used by the Park Department on schools, parks and other properties. The 6t' truck is a spare truck used when one of the trucks has a mechanical failure, but is usually used for tree work during the winter. As trucks finish up in their own areas, they contact other drivers to see where they can help out. All of the primary trucks are equipped with sandlsalt distributors. We currently distribute about 1,600 ton of sandlsalt per season. To make the sand/salt as effective as possible, all five primary trucks also are equipped with salt brine distributors. Salt brine wets the sand/salt so it sticks to the road and 'kick starts' the salt to begin melting ice. Snow Removal Equipment 6 Light Trucks with snowplows 2-8 Dump Trucks for Snow Hauling Light trucks are an important part of the fleet, because they provide snow removal services to alleys, cul-de-sacs, and to various public facilities. 2 of these trucks are assigned to routes, and the other 4 are used wherever they can help out. When addressing light snow removal needs, the City has one tandem -axle dump truck and we usually use one of the County's trucks to haul snow. Up to 8 contracted trucks are used to haul snow. Primary snow storage sites are located at the National Guard Armory and at the Bass Pond in the downtown area. 10 Snow Removal Equipment 4 Bobcats wl Snowplows 4 Ag. Tractors w/ Snowplows 2 skid steer loaders are used in the downtown area to clean sidewalks along streets and public facilities in the downtown area. A 3'd loader is used at school properties, and the 4th at the Cemetery. 2 tractors are used in the downtown area for parking lots & alleys. 1 tractor is used at the airport. 1 tractor is available for sidewalk/trail maintenance. When necessary, tractors with either plows or snow blowers area available to be used in other areas. 11 Snow Removal Equipment 1 Trackless wl Snow Blower (Sidewalks, trails & facilities) The Trackless municipal tractor can be equipped with a V plow, 5 -way snowplow or snow blower. This unit is used primarily to clean lower priority sidewalks and trails and is used at facilities throughout the City, as needed. 12 Sidewalk Snow Removal • Adjacent property owner primarily responsible (4' width) • City may, at its discretion, provide some snow removal services on identified sidewalks & trails. • Sidewalks not cleaned will be cleaned by City and property owners will be billed. Generally, adjacent property owners are responsible for keeping 4' of the sidewalk clear for travel. Some sidewalks/trails are maintained by the City on a 4 -tier priority basis, providing personnel & equipment are available. Each time it snows, the priority system starts over. It is possible to get through priority 1 and 2 sidewalks/trails and have to start over because it snowed again, leaving priority 3 and 4 sidewalks & trails untouched for several days. Private sidewalks are inspected following snow events. Property owners in violation are notified, and if the sidewalk isn't cleaned in a timely manner, the City will initiate the work and bill the property owner. 13 Snow Disposal Site • Public site north of Armory, located at 1200 Adams St SE • No services from the City. Users responsible for maintaining piles • Other City sites are not to be used by private parties. There is a public snow disposal site available north of the National Guard Armory. Both the City and private parties use the site, which takes working together to maximize the capacity of the site. The City does not supply ongoing maintenance of the snow piles, so private parties need to maintain the snow they dump. This is the only City site available for use by private parties. 14 Snow Removal on Private Property • Violation of statutes and ordinances for private parties to move snow from private property onto or across public roadways. • Violators subject to consequences of the statutes/ordinances . Plowing, blowing, or moving snow onto or across public roadways violates State Statutes and local ordinances. Violators are notified and may be charged for cleaning up, if necessary. If the practice does not stop, violators are subject to the consequences identified in statute/ordinance. 15 Private Snow Removal Contractors • Activities are considered as permitted e Violations of statutes/ordinances may result in privileges being suspended by City Council. Private snow removal contractors are considered permitted. Violations of statutes/ordinances may result in the suspension of their privilege to conduct business within the City. 16 Damage to Private Property • Snow removal can cause damage, even with the best care • City will consider responsibility for damage caused by physical contact with plows . Maximum reimbursement for mailbox = $250 • Public Works and/or Police may investigate Even with the best care and caution, property may be damaged by snow removal operations. It is the City's policy to address damages caused by actual contact with a plow. The most common item damaged is mailboxes. Considering the variety of mailboxes used by property owner, the City has set a maximum reimbursement for mailbox damage at $250. Whenever possible Public Works staff or Police officers will investigate to determine the nature of damages reported. 17 Services to Private Property • Services to private property provided when: • When responding to an emergency services call • Property owner consents, and service directly benefits other City operations Generally, City snow removal operations will not be provided on privately owned property. The only cases where City operations will take place on privately owned property is when an emergency response is necessary (Police, Fire, Ambulance, Gas leak/Electric line down...). There may be some rare cases where it is beneficial to City operations to extend operations onto private property, but that will only be done with the property owner's consent. 18 Requests for Service & Complaints • Call the Street Department at: (320) 234-4219 during regular business hours (7:00 am to 4:00 pm). • For emergency service after hours contact Police dispatch at (320) 587-2242. If anyone has questions about snow removal or need snow removal services, they can contact the Street Department during regular business hours or contact the Police Department dispacthers after hours. 19 For More Information • Copy of the policy available by calling the Street Department (320) 234-4219 • Check out the web site: www.d. hutchinson. mn. us • ?? If anyone would like a copy of the snow/ice policy, they can contact the Street Department and a copy will be provided. Also, interested parties are encouraged to visit the City's website. 20 HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Follow up regarding the City acting as Fiscal Host for Elks Inclusive Play Park Department: Administration LICENSE SECTION Meeting Date: 12/8/2015 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich/Marc Sebora Reviewed by Staff ❑ Unfinished Business Time Requested (Minutes): 10 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: Please see the attached memo BOARD ACTION REQUESTED: Staff is seeking direction from the Council on the Elks request to the City to be the Fiscal Host for the Elks proposed Inclusive Play Park Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Memo To: Mayor and City Council Members From: Matt Jaunich, City Administrator Marc Sebora, City Attorney Date: 12/3/15 Re: Fiscal Host for Elks Inclusive Play Park Office of the City Administrator 111 Hassan Street SE Hutchinson, MN 55350-2522 320-234-4241/Fax 320-234-4240 As a follow-up to the discussion we had at the last city council meeting regarding improvements to Elks Park, city staff has had an opportunity to look into the feasibility of the city acting as a "fiscal host" or depository for funds raised by the Elks club for improvements to the park. For the council's knowledge, the City is authorized by State law to accept donations for public purposes by either individuals or entities. As we mentioned at the last meeting, the difficulty arises in using those funds for the completion of a project. Once the money has been deposited with the city it in effect becomes "city money" and because of that, the city must abide by the rules and laws involving proper public expenditures. The most significant requirement that the city has is that of following the state contracting laws which require that all projects over $100,000 be subjected to a public bidding process. As you heard during the presentation by the representative of the Elks club at the last meeting, they have estimated that their project cost will be around $300,000 and they had already started working with a construction company for the project, Flagship Recreation. It is important to remember that once the money comes into the city that this Park Project in effect becomes a "city project" and we are bound by law to bid the project out. More or less, we become the project manager when we agree to be the fiscal host. Therefore, it is not guaranteed that Flagship Recreation will end up being the contractor on the project, and there is no guarantee that the features that the Elks wish to incorporate into the park will actually end up being a part of the park. Finally, although all volunteer projects have the best of intentions, more often than not funding drives fall short of their goals. If the Elks Club and other community members are not able to raise the full amount of the costs of the project, will there be an assumption that the city make up the difference to complete the project? If so, is the Council comfortable with that? It is important to remember that this is not a project that the city has had as a part of its five-year capital improvement plan, and if the city wishes to make it part of that plan, we should budget accordingly. If improvements to Elks Park are a project that the city wishes to take on, the city certainly can accept gifts of equipment, or materials made by the Elks or other contributors to the project if there were certain features that the Elks wanted to incorporate into the park should this become a city project. This can be done without regard to state contracting requirements for cities. City staff would be happy to answer any other questions you have about this at the council meeting on Tuesday. Thanks! Matt 4 HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Approve/Deny Fire Relief Association Contribution Policy Department: Administration LICENSE SECTION Meeting Date: 12/8/2015 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The attached policy is being presented to the City Council for consideration. The proposed policy serves two purposes: 1) Puts a written policy in place that states a purpose for the City's contribution to the Hutchinson Fire Relief Association and sets an annual amount that will assist the City from a budgeting standpoint 2) Increases the monthly benefit amount from $15 a month per year of service to $17 a month per year of service. This is the first increase in the monthly benefit amount since 2008. In years past, there has not been a plan or purpose behind the City's contribution portion to the Hutchinson Fire Relief Association. Usually, the city's amount has been dictated by the State Auditor's report on the minimum municipal contribution. The proposed policy will help in providing an explanation behind our contribution ($2,500 per active firefighter), and will also assist the City from a budgeting standpoint. As you will notice in the attached report, the City as contributed anywhere from $1,000 to $87,818 over the past 16 years. From a budgeting standpoint this is difficult to account for when there are such large fluctuations in the budget. This proposed policy will help to balance that fluctuation giving staff a standard budgeting number for the years to come. In regards to the monthly benefit amount, please note that these costs are covered by the Hutchinson Fire Relief Association monies. While the Hutchinson Fire Relief Association is responsible for the Association's finances, the City has to approve of the benefit amount. I have included a memo from the State Auditor that helps explain this. Staff and members from the Fire Relief Association will be present to answer any questions you may have. BOARD ACTION REQUESTED: Approval of the Fire Relief Association Contribution Policy Fiscal Impact: $ 75,000.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON FIRE RELIEF ASSOCIATION CONTRIBUTION POLICY POLICY NO. 3.33 ARTICLE 1. PURPOSE The purpose of this policy is to assist the Hutchinson Fire Department and the Hutchinson Fire Relief Association in four distinct areas. Those areas are as follows: 1) In the recruitment of new firefighters to the Hutchinson Fire Department 2) To help retain current active firefighters on the Hutchinson Fire Department 3) To create a sound financial practice to help fund the Hutchinson Fire Relief Association and to help avoid fluctuations in the City's required municipal contribution to the Hutchinson Fire Relief Association 4) To create a format for the documentation on the Hutchinson Fire Relief Association's Monthly Benefit amount ARTICLE 2. POLICY To assist the City, the Hutchinson Fire Department, and the Hutchinson Fire Relief Association in sound financial planning and in the recruitment and retention of firefighters, the city council hereby commits to contributing $2,500 per active firefighter per year to the Hutchinson Fire Relief Association. Per the effective date of this policy, the active firefighter count will be set at thirty (30). At the effective date of this policy, the city council also hereby approves of a monthly benefit amount of $17 per year of service for all eligible Hutchinson Fire Relief Association members as defined by the Hutchinson Fire Relief Association bylaws. Nothing within this policy is construed to prohibit future city councils from making changes to the municipal contribution or monthly benefit amount for whatever reason deemed in the best interest of the City. Also, nothing within this policy shall prohibit the City from contributing more than $2,500 per active firefighter in any given year if the City is required to do so by the Office of the State Auditor. ARTICLE 3. EFFECTIVE DATE The effective date of this policy shall be January 1, 2016. Approval Date: December 8, 2015 Fire Relief Contributions 16 -Year Average City $6,724.38 Rural $120,093.04 State $46,076.60 $7,395.00 $82,984.16 Year Contribution Contribution Contribution Total $130,097.60 2000 $21,000.00 $5,400.00 $55,220.00 $81,620.00 2001 $22,000.00 $7,980.00 $57,100.00 $87,080.00 2002 $23,000.00 $4,840.00 $64,549.00 $92,389.00 2003 $1,000.00 $4,840.00 $78,145.00 $83,985.00 2004 $2,000.00 $5,290.00 $99,521.00 $106,811.00 2005 $5,000.00 $5,290.00 $94,756.00 $105,046.00 2006 $6,000.00 $5,290.00 $99,592.00 $110,882.00 2007 $7,000.00 $5,290.00 $84,882.00 $97,172.00 2008 $8,000.00 $5,290.00 $72,598.00 $85,888.00 2009 $9,000.00 $5,290.00 $62,847.00 $77,137.00 2010 $14,137.00 $5,290.00 $68,050.00 $87,477.00 2011 $87,818.00 $7,500.00 $66,853.00 $162,171.00 2012 $78,665.00 $10,000.00 $68,358.00 $157,023.00 2013 $76,818.00 $10,000.00 $98,854.31 $185,672.31 2014 $86,664.00 $10,000.00 $100,818.26 $197,482.26 2015 $86,664.00 $10,000.00 $106,989.06 $203,653.06 16 -Year Average $33,422.88 $6,724.38 $79,945.79 $120,093.04 10 -Year Average $46,076.60 $7,395.00 $82,984.16 $124,858.78 5 -Year Average $83,325.80 $9,500.00 $88,374.53 $130,097.60 STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR SUITE 500 525 HARK STREET (6-5 296-255 1.[Voice'] (671) 296-4755 (Fax) RFBF.CC'A OTTO SAINT PAUL, MN 55103-2139 state. auditor@,osa.statc.tnn.us (F -mail) STATF: AUDITOR 1-800-627-3529 (Relay Sere ice) Statement of Position Required Municipal Contributions to Volunteer Firefighters' Pension Plans State law requires a municipality to pay a minimum annual contribution to the special fund of its affiliated volunteer fire relief association, unless the special fund is fully funded or fire state aid is sufficient to cover the municipal obligation.' The special fund is a fund established and maintained within a relief association to pay service pensions to retiring members. A pension plan is "fully funded" when there are sufficient assets to cover future liabilities. The funded status of a special fund is affected primarily by changes to benefit levels (i.e., liabilities increase) and by investment gains or losses (i.e., assets increase or decrease). Benefit increases and investment losses decrease a fund's assets, thereby increasing the likelihood that a municipal contribution will be required. A decrease in the funded status will also likely increase the size of the required contribution. Whether a municipal contribution is required and the amount of the required contribution is determined by using a statutory formula. The formula varies depending on whether the plan is a defined -benefit lump -sum pension plan or a defined -benefit monthly pension plan.' Lump -Sum Pension Plans For lump -sunt plans, the minimum required municipal contribution equals the financial requirements of the special fund minus 1) the amount of fire state aid to be received during the following calendar year; and 2) the amount of any contributions to the special fund from the active members of the relief association to be received during the following calendar year. In addition, five percent annual interest on the assets is subtracted.3 The minimum required municipal contribution is calculated by the officers of the relief association during the month of July for the following year J To calculate the minimum Minn. Stat. § 424A.092, subd. 'a & 4; Minn. Stat. § 424A.093, subd. 5. In some instances, a municipal contribution may be triggered even though the pension plan is fully funded. ' See Minn. Stat. § 424A.092, subd. 3 (for lump -sum pension plans) and Minn. Stat. § 424A.093, subd. 5 (for monthly pension plans). There is no required municipal contribution for a defined contribution plan. Minn. Stat. § 424A.092, subd. 3(d). The Schedule Form, provided by the Office of the State Auditor, calculates the amount of any required municipal contribution for the following year. For example, the 2015 Schedule Form will calculate the required municipal contribution amount for the year 2016. Reviewed: October 2015 2009-2001 Revised: July 2014 This Statement of Position is not legal advice and is subject to revision. An Equal Opportunity Employer required municipal contribution, the officers treed to know the special fund's financial requirements for the following year. In July, the officers calculate the financial requirements for the following year and the overall funding balance for the current calendar year. If the special fund is not fully funded, the financial requirements for the following calendar year are determined by taking into account 1) the total accrued liability for all active and deferred members of the relief association, calculated for the following calendar year; 2) the increase in the total accrued liability for the following calendar year over the present calendar year; 3) the amount of anticipated future administrative expenses; and 4) one-tenth of the deficit resulting from either an increase in the service pension or an investment loss occurring over the last ten years. If the special fund is fully funded, the financial requirements for the following calendar year are the total of 1) the increase in the total accrued liability for all members for the following calendar year over the present calendar year; and 2) the amount of anticipated future administrative expenses. Monthly Pension Plans For monthly pension plans, the Financial requirements of the special fund are based on the most recent actuarial valuation. Each relief association must determine the minimum obligation of the municipality for the following calendar year "on or before August 1 of each year." 5 The "most recent actuarial valuation" included in the calculation would generally be a valuation from January l of the same year or December 31 of the prior year. For most plans, the Governmental Accounting Standards Board (GASB) requires an actuarial valuation every two years.b In addition, a new actuarial valuation is required whenever there is a benefit change. If the plan is in deficit, the statute permits amortization over a period of years. Defined Contribution Plans For defined contribution plans, the individual volunteer firefighter experiences the gains and the losses. The municipality has no obligation to make contributions to offset losses if they occur, although it can make a voluntary contribution to the special fund if it chooses. Benefit Levels The level of benefits paid by a volunteer firefighter pension plan is usually set by agreement between the relief association and the municipality. Benefit level changes must first be discussed and adopted by the relief association through a change in its bylaws. The changes 5 Minn. Stat. § 424A.093, subd. 5(a). See Minn_ Stat. § 69.051, subd. 1 (financial statements required to be in conformity with generally accepted accounting principles); GASB Statement 25, para. 35 (biennial actuarial valuations required for financial reporting purposes). ' Minn. Stat. § 424A.093, subd 4 (d), Reviewed: October 2415 2 2009.2001 Revised: July 2014 must be made in keeping with the relief association's bylaw amendment procedures and Open Meeting Law requirements. A relief association should then seek municipal approval of the benefit level change. The city council or town board can choose to ratify the benefit level change or choose not to ratify the change. Once the bylaws are ratified by the municipality, however, the benefit levels are guaranteed by the municipality. The municipality assumes responsibility for ensuring the special fund has sufficient assets to cover approved benefit levels. For those relief associations that are affiliated with an independent nonprofit firefighting corporation rather than a municipal fire department, benefit level changes must be approved by the board of the independent corporation. In addition, the independent nonprofit firefighting corporation is responsible for making any required contributions to the relief association. In limited circumstances, a volunteer fire relief association has the authority to increase its benefit level without municipal ratification. However, if a municipal contribution is later required, the contribution level will be calculated using the last benefit level ratified by the municipality.$ If there was never a resolution to ratify a benefit increase, the relief association must return to the last ratified level. Municipalities do not have authority to unilaterally change a relief association's benefit level, Municipalities cannot initiate a change in benefit levels, rescind benefit increases, or give contingent approval to benefit changes. Payment of Required Municipal Contributions To fulfill its obligation to provide at least the minimum required municipal contribution, a municipality may use any source of public revenue, including a tax levy. For monthly pension plans, for example, a municipality may levy taxes "without any limitation as to rate or amount and irrespective of any limitations imposed" by any other law or regulation.4 If the relief association's benefit level is approved by the affiliated municipality, the municipality is required under state law to make any contributions that become due at that benefit level. Municipal contributions are to be paid during the year in which the contribution is required. If the municipality does not include the full amount of the minimum municipal contribution in its levy for any year, the officers of the relief association must certify that amount to the county auditor, who must spread a levy in the amount of the certified minimum municipal contribution on the taxable property of the municipality.10 Minn. Stat, § 424A.02, subd. 10. Minn. Stat. § 424A.093, subd. 5(d); § 424A.092, subd. 4(c). '0 Minn. Stat. §§ 424A.092, subd. 4(d); 424A.093, subd. 5(e). Reviewed: October 2015 3 2009-2001 Revised: July 2014 HUTCHINSON CITY COUNCIL ci vof 0' a_ � Request for Board Action 79 M-W Agenda Item: Consideration of CGMC Wastewater Legal & Regulatory Voluntary Assessment Department: PW/Eng LICENSE SECTION Meeting Date: 12/8/2015 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff F1 New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The Coalition of Greater Minnesota Cities (CGMC) is requesting the consideration of its members to contribute, via voluntary assessment, for support of a CGMC Wastewater Legal and Regulatory Program. Program details can be found in the attached documents that identify the need and purpose of the program. City staff will be available to answer any questions that you may have. BOARD ACTION REQUESTED: Approval of CGMC Wastewater Legal and Regulatory Program Voluntary Assessment. Fiscal Impact: $ 4,740.00 Funding Source: Wastewater Utility Professional Services FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: ON pF GREATER Mj�N�S C1TIiES Dedicated to a Strong Greater Minnesota Tuesday, November 24, 2015 Via U.S. mail and e-mail Dear City Administrators - Coalition of Greater Minnesota Cities (CGMC) members take their role as stewards of Minnesota's waters seriously, but without regulatory and legislative relief our cities could face escalating wastewater and storm water costs that will generate few environmental benefits. To address this challenge, at the CGMC membership meeting in Alexandria on November 13, the CGMC board recommended and the members approved a voluntary assessment to pay for a new CGMC Wastewater Legal and Regulatory Program. The program and rationale are described below. We hope that {city name} will join with others and contribute to this program through a voluntary assessment in the amount of $1 per wastewater hookup. The Problem and Needed Action The pace of regulatory activity by the Minnesota Pollution Control Agency (MPCA) and the Environmental Protection Agency (EPA) has been increasing. Expensive and generally unfunded mandates are being enforced through permits issued to city wastewater facilities. Some of these standards are based on outdated science, contradict national standards and/or include requirements imposed by no other states. Equipment upgrades are being required that will result in little or no benefit to water quality and the increased costs to city households could be substantial. And, environmental groups have lawyered up and are challenging these problematic MPCA standards in court as not going far enough. Our challenge is that the CGMC has a limited budget for environmental advocacy at the legislature and no budget for legal or regulatory advocacy. It also lacks the budget for a media plan to win public support or respond to negative and erroneous media created by environmental groups and the MPCA. In September, the CGMC board reallocated a portion of the CGMC's environmental budget to a state rulemaking petition that will seek to amend or repeal the state's new riverine standards and a federal lawsuit challenging the EPA's approval of those standards. The federal suit arises from statements by the EPA that it had no documents or records in its possession demonstrating the scientific validity of several criteria in the new standards, even though it approved those standards four months later. The request for new rulemaking arises out of new evidence relating to the reasonableness of the MPCA's standards: a memo from the main national standards board stating that a key test used in the MPCA PAGE 2 standards is not an appropriate measure of impairment. The attached memo explains the rationale for these suits in more detail. Scope of Activity Initially, the Wastewater Legal and Regulatory Program funds will be used to pursue the two lawsuits described above, including appeals and to provide media support as needed related to the CGMC's environmental program. This would allow the existing CGMC environmental budget to be used for legislative activity. If sufficient funds are raised through this assessment, additional legal efforts to address other areas of concern, such as the enforcement or development of chloride, sulfate, mercury or nitrate standards, may be undertaken. These funds will not be used for any purpose other than this type of environmental activity. Creating this Wastewater Legal and Regulatory Program for the CGMC will also allow the Minnesota Environmental Science and Economic Review Board (MESERB) to return to its original focus of providing technical expertise on regulatory matters affecting wastewater facilities. The CGMC is much better positioned to engage in legislative and legal advocacy than MESERB. This Wastewater Legal and Regulatory Program will not address individual city permits. Many cities do not realize that if the MPCA seeks to change your NPDES permit, you can negotiate the terms and/or challenge the permit in a contested case. If your permit is expiring or the MPCA has contacted you about changing your permit, you may want to contact one of Flaherty & Hood, P.A.'s regulatory attorneys, Christopher Hood or Daniel Marx, to discuss your options at 651-225-8840. The Request to Cities The CGMC membership voted to pay for this Legal and Regulatory Program through a voluntary assessment in the amount of $1.00 for each wastewater hookup. For example, a city that has 1200 commercial and residential wastewater hookups in its town would contribute $1200. Because this is a voluntary assessment, a city could chose to contribute more, or less, than that amount. This assessment is for 2016. At our 2016 annual meeting in Austin, Minnesota, we will evaluate the progress of this new fund and decide how to proceed in future years. Attached to this letter, you will find an invoice/pledge form. If your city is willing to contribute to the CGMC Legal and Regulatory Program, please return this form. You can pay now by check, or pledge to pay in 2016 by June 1. The CGMC Board strongly urges you to participate in this effort to bring sound science and reasonable requirements to wastewater regulation. Thank you for your assistance on this important matter. PAGE 3 Best regards, Bob Broeder President, Coalition of Greater Minnesota Cities Cc: {City Manager/Administrator} cc by email only {Public Works/Wastewater} Pledge Form/Invoice CGMC 2016 Wastewater Legal and Regulatory Program Voluntary Assessment The Coalition of Greater Minnesota Cities (CGMC) has established a Wastewater Legal and Regulatory Program that will be funded by its members through a voluntary assessment. The suggested assessment is $1.00 per wastewater billing account. To calculate the suggested assessment for your city, multiply the number of wastewater billing accounts by $1.00: $ 4740 Please participate in the Wastewater Legal and Regulatory Program. You may send a check now or pledge an amount and remit payment by June 1, 2016. We will send a reminder invoice to those choosing to pledge. You may choose to contribute more (or less) than the suggested amount. Thank you for your support of the CGMC Wastewater Legal and Regulatory Program. If you have any questions on the program or the voluntary assessment, please contact Tim Flaherty of Flaherty & Hood, P.A. at (651) 225-8840 or by e-mail at tpflaherty@flaherty-hood.com. MIS Please return this portion to the CGMC by February 1, 2016. The City of {city name} will participate in the Voluntary Assessment for the CGMC Wastewater Legal and Regulatory Program by (select one) Li Submitting payment of the voluntary assessment now (enclose check payable to the CGMC) X Pledging to pay the voluntary assessment by June 1, 2016. {City} will pledge or pay the following assessment ($1 per wastewater account suggested) $4740 Coalition of Greater Minnesota Cities c/o Dana Hogan Flaherty & Hood, P.A. 525 Park Street Suite 470 Saint Paul, MN 55103 DCHogan@flaherty-hood.com 4,tp� of GGEarER MiN,y��o CoQ Co orJES9 Dedicated to a Strong Greater Minnesota Rationale for CGMC/MESERB challenge to MPCA's water quality standards for rivers and streams The CGMC Board voted Oct. 23, 2015 to authorize Flaherty and Hood and Hall and Associates to initiate and prosecute the following two legal actions: 1. A state rulemaking petition to amend or repeal the state's new water quality rules related to rivers and streams, and 2. A federal lawsuit against the U.S. Environmental Protection Agency challenging its approval of the MPCA's riverine standards The Board took this action because parts of the new MPCA riverine standards are not based on sound science and evidence of this was not considered in the state's original rulemaking. Below is the rationale for the action taken by the CGMC and the Minnesota Environmental Science and Review Board (MESERB): 1. Federal lawsuit against the EPA challenging its approval of the MPCA's riverine standards This legal action involves a lawsuit against the United States Environmental Protection Agency (EPA) for acting contrary to the requirements of section 303(c) of the federal Clean Water Act and regulations promulgated thereunder when it approved MPCA's riverine standards. Under the section 303(c) of the Clean Water Act, the EPA is required to review and to approve or disapprove state -adopted water quality standards, such as MPCA's riverine standards. State standards are required to be based on a "sound scientific rationale" and "sound scientific information" (40 C.F.R. 131.11(a) and (b)), and "appropriate technical and scientific data and analyses" (40 C.F.R. 131.5(a)(4)). The EPA approved Minnesota's riverine standards on January 23, 2015. However, just four months earlier, the EPA responded to Freedom of Information Act requests (EPA FOIA responses) indicating that it had no documents or records in its possession demonstrating either that dissolved oxygen (DO) flux, per se, should be considered indicative of use impairment in a river or stream, or that using the five-day biochemical oxygen demand (BODS) test as a nutrient response criterion was scientifically defensible, both of which are features of the MPCA's riverine standards that were challenged by MESERB throughout the MPCA's rulemaking and then in the declaratory judgment action in the Court of Appeals. A federal lawsuit against the EPA would be premised on the fact that the EPA acted arbitrarily and unreasonably in approving Minnesota's riverine standards after admitting that it did not possess any information showing (1) the BODS test is a valid nutrient impairment indicator, or (2) that DO flux causes aquatic life impairments just four months earlier. This argument is bolstered by the publication of a memorandum from Andrew Eaton, of the Joint Editorial Board of the Standard Methods for the Examination of Water and Wastewater, the creator of the BODS test, dated November 19, 2014 (the Standard Methods memorandum), which confirmed that the BODS test, relied upon by the MPCA as a response criterion for its new riverine standards, is not "an appropriate measure of nutrient pollution nor is it a valid predictor of nutrient impacts." The existence of the EPA's FOIA responses and the Standard Methods memorandum make a federal case against the EPA strong and easy for a federal judge to understand. In short, how could the EPA have approved Minnesota's riverine standards when it admitted that it had no information demonstrating that key aspects of these standards were scientifically defensible, and when the creator of one of the tests utilized by MPCA to detect nutrient impairments had indicated that it should not be used in such a manner? 2. State administrative petition to amend or repeal MPCA's riverine standards This legal action involves filing a petition the MPCA to amend or repeal its riverine standards on the basis of new evidence, which would likely allow for an appeal of a denial of such petition to proceed to the Minnesota Court of Appeals as a matter of right under a writ of certiorari. See Minn. Stat. § 606.06 ("(a) writ of certiorari for review of an administrative decision pursuant to chapter 14 is a matter of right.") Minn. Stat. § 14.091 authorizes a city or sanitary district to petition for the amendment or repeal of a rule or specific portion of a rule (such as MPCA's riverine standards) if it can demonstrate that "one of the following has become available since the adoption of the rule in question: (1) significant new evidence relating to the need for or reasonableness of the rule; or (2) less costly or intrusive methods of achieving the purpose of the rule." In this case, significant new evidence exists relating to the reasonableness of the MPCA's riverine standards in the form of both the EPA FOIA responses and the Standard Methods memorandum referenced above. The fact that the Minnesota Court of Appeals previously refused to allow either of these documents into the appellate record in the prior declaratory judgment action would also help a filing city or sanitary district to demonstrate that these documents constitute new evidence and present a distinct legal issue separate from the previous declaratory judgment action. As would be the case in a federal lawsuit against the EPA, a petition to amend or repeal the MPCA's riverine standards under Minn. Stat. § 14.091 would present a clean, easy to understand case that would be focused on the compelling post - rulemaking evidence that the BODS test is not a valid nutrient impairment indicator and that DO flux does not cause aquatic life impairments. Resource Allocation Committee December 1, 2015 4:30 PM Hutchinson City Center Attendees: Gary Forcier, John Lofdahl, Kent Exner (Committee Members) Dolf Moon, John Olson (Contributing Participants) Meeting Minutes 2016 Infrastructure Improvement Program — review identified PMP streets/trails and related project scopes/phases Kent E. provided an overview of the streets that are currently proposed to be addressed within the 2016 Pavement Management Program. At this point, City staff has identified two independent construction project phases (as shown on provided drawings) that could potentially be addressed in 2016. Currently, Phase 1 includes Madson Av e. SW (Dale to Lynn), Milwaukee Ave. SW (Dale to east dead end), Church St. SW (Linden to Miller), and Linden Ave. SW (Harrington to TH 15). Specifically, the reconstruction of Linden Ave was reviewed, and RAC members agreed that addressing this roadway at this time and possibly constructing a sidewalk/trail along it seems appropriate. Per City staff s review of Linden Ave., it was determined that a trail (replacing existing sidewalk) along the north side of South Grade Road (Dale to TH15) would be logical in connecting schools, parks, recreation center, aquatic center, grocery store, businesses, and residential areas. Thus, RAC members agreed that examining this potential trail installation would be beneficial. Phase 2 includes several deteriorated street segments on Grove St., Washington Ave., 2nd Ave. SW, 1 st Ave. NE, Hassan St. NE and 1 st Ave. SE within and surrounding the downtown core area. Also, the decision to not address 5h Avenue S. in 2016 was reviewed (possibly address as early as 2018), and RAC members agreed that this approach should be acceptable if sufficient maintenance efforts are administered until this project is ultimately delivered. 2. City Citizen Survey — review results related to infrastructure functionality/maintenance/improvements - Item postponed and will be addressed at a future meeting. 3. Complete Streets Policy — review draft of drawing identifying priority corridors - Kent E. provided and reviewed a draft copy of the Complete Streets priority corridors drawing. In the near future, City staff will be presenting the final draft of the Complete Streets policy/drawing as developed in conjunction with Mid -Minnesota Regional Development Commission to the City Council and requesting their feedback/adoption. 4. 2016 Airport Improvements —review potential upcoming airport projects - John O. reviewed the possibly of delivering Airport Improvement projects during the 2016 construction year to financially benefit from Federal Aviation Administration (FAA) and Minnesota Department of Transportation (MnDOT) funding opportunities. The currently identified potential projects include sealcoating of the new pavement, T -hangar site preparation, and T -hangar structure construction. The Airport Commission and City staff will continue to analyze and develop feasible projects. 5. Improvement Project Street Widths —review recently developed street width design parameters - Kent E. briefly reviewed a memorandum that describes improvement project street width design parameters that were developed by City Engineering Department staff following discussions with Emergency and Public Works Department service providers. RAC members agreed that the parameters and associated criteria appear to be acceptable. 6. Other Discussion Ln O N C N E a) U a) L E w E U C O U U co LO f6 a) f6 O C O O L 4 N E CA E w Q t U a U_ a) 7 C W 4� 4. f6 C E Li U 4- 0 s o a) 3 U C C: O � 3 N M 3 s s O LrI C o � O (6 N s C 4� a) U O •5; C L O N4' 4_�+ O C m N L O a) a E 3. X N •N � �+ Ln O N L C m X � 4� Ln — a) a) U O -O O > O L O N Q C E w = a) C > H (6 s .1 c U a) � N E E U U M M > > > J � a) } O C N E O 3 O 3�r`i 0 N s � � +' 3 N L W O a) O L 4' +, Q o +� C: a) O s s L 4 Q s a) s 4-j >� L C N a) u � L ::a y N C: O C O O a) *' 4' a U N4- � s � U O - N L s N O f6 u O 0 C +' C U O O s Ln O O rn L S to O 41 3 o O L W VI O L 4J L � � Q O O E L c O 4� a O C: O E N o N N � fL6 L E W m a) a) C �n s O N E U L U N > °) 3 0 tw C +, C O C O +, nz C U a) O N a) — U C s O C a) — E � L 3 � +1> C:O = O O C N � 3 O s ao s s +� L N iq I > O N o O O 3 � � o Q OL J +, o a) o n i cN-I 0 Q C >, 0 O N s to N nz L L M 4-J 4- C C a) C a) U O a) m 3 o U s a) V }' L a) CL •E 3 C a) O O H �+ 00 C tri L 3 3 > viO C 4� O 4' nj R c I yi C O O a) a) N O Q O S a) 6 C s 0 a) a) 0 L CL E ANNUAL SERVICE REPORT Service period 2015 2014 2013 2012 2011 2010 Service began 10/13/15 10/14/14 10/15/13 10/09/12 10/11/11 10/19/10 Service ended 11/23/15 snow 11/07/14 11/25/13 11/19/12 11/21/11 11/22/10 Weeks of service 6 4 6 6 6 5 Loads Hauled 2015 ork"' 20141 2013 2012 2011 2010 REFS-013-HEQ ODB Leaf Vacuum 71 88 105 116 110 55 STWT-014-HEQ ODB Leaf Vacuum 83 77 115 116 103 51 STWT-184-HEQ ODB Leaf Vacuum 70 74 47 - - - STWT-024-HEQ Mech. Sweeper - - 4 - 54 7 STWT-879-HTK Vacuum Sweeper 9 - 84 104 56 50 Total Loads Hauled 233 239 355 336 323 163 -3% -33% 6% 4% 98% Tons Hauled REFS-013-HEQ ODB Leaf Vacuum 258.5 229.2 321.1 307.0 224.7 124.4 STWT-014-HEQ ODB Leaf Vacuum 241.9 197.0 306.5 264.9 171.1 98.6 STWT-184-HEQ ODB Leaf Vacuum 219.4 168.0 139.5 - - STWT-024-HEQ Mech. Sweeper - - 16.8 - 24.2 25.0 STWT-879-HTK Vac -All Sweeper 15.1 - 91.4 208.8 78.5 129.1 Total Tons Hauled 734.9 594.2 875.3 780.7 498.5 377.1 24% -32% 12% 57% 32% 1000 46111 800 700 D7eIl] 400 300 rid KIIII 2010-2015 Residential Leaf Vacuum Service Tons (red) & Loads (blue) 87� 2 780.7 734.9 594.2 498.5 323 336 355 233 2010 2011 2012 2013 2014 2015