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cp11-07-2016CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA Hutchinson City Center 111 Hassan Street SE Hutchinson. MN 55350-2522 Phone 320-587-5151, Fax 320-234-4240 NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Monday, November 7, 2016 4:00 p.m. Council Chambers - Hutchinson City Center Notice is hereby given that the Hutchinson City Council has called a special workshop meeting for Monday. November 7, 2016, in the Council Chambers at the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, Minnesota for the following purpose: 0 Review of 2017 Enterprise Fund Budgets Matthew nick, City Admr11 for DATED: November 2, 2016 POSTED: City Center HUTCHINSON CITY COUNCIL MEETING AGENDA MONDAY, NOVEMBER 7, 2016 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, input from constituents, and other questions or information that has notyet 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 — St. Anastasia Catholic Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Approve/Deny Accepting $38,906 from Hutchinson Elks Lodge and Proceeding with Installation of Play Structure at Elks Park PUBLIC COMMENTS (This 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 October 25, 2016 CONSENT AGENDA (The items listedJor 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 (a) Consideration for Approval of Resolution No. 14633 — Resolution Designating VFW Funds for VFW Park Playground Structure (b) Consideration for Approval of Issuing Short -Term Gambling License to Hutchinson Center for the Arts (c) Consideration for Approval of Change Order No. 1— Letting No. 1, Project No. 17-01 (Denver Avenue SE Extension) (d) Consideration for Approval of Reaffirmation of City of Hutchinson Data Practices Policies (e) Claims, Appropriations and Contract Payments — Check Register A 8. APPROVAL OF CONSENT AGENDA II CITY COUNCIL AGENDA NOVEMBER 7, 2016 (a) Claims, Appropriations and Contract Payments — Check Register B PUBLIC HEARINGS (6:00 P.M.) - NONE purpose o t is portion o t e agen a is to provi e the Councilwith information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) UNFINISHED BUSINESS NEW BUSINESS 9. APPROVE/DENY RENEWING CONTRACT WITH GAVIN, WINTERS & LONG, LTD. FOR PROSECUTORIAL SERVICES GOVERNANCE hepurpose oj this 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.) 10. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Parks, Recreation, Community Education Board Minutes from October 3, 2016 MISCELLANEOUS 11. STAFF UPDATES 12. COUNCIL/MAYOR UPDATE ADJOURNMENT 2 HUTCHINSON CITY COUNCIL ci=v-f AFQ� Request for Board Action 7AL =-a Agenda Item: Elks Park Playground Department: Administration LICENSE SECTION Meeting Date: 11/7/2016 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Hutchinson Elks Reviewed by Staff ✓❑ Recognition of Gifts/Donations Time Requested (Minutes): 10 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: About a year ago the Hutchinson Elks addressed the City Council about their plans to construct an Inclusive Play Park in Elks Park. At the time, they were looking at a large project with a cost of over $300,000. Since their presentation to the Council back in November of 2015, the Elks have redefined their project and have approached it in more of a phased project to be done over multiple years. On Monday, the Elks is expected to present a check to the City in the amount of $38,906 to do phase I of their Inclusive Play Park. The donation from the Elks is expected to cover all of the costs for this first phase. Members from the Hutchinson Elks will be present to give an update on their overall project and what Phase I will detail. The group will share their plans for the future along with their proposed funding plans. This will be similar to the presentation we received from the Rotary group at our last council meeting. The work that is being proposed for phase I will be purchased by staff this fall to get current 2016 pricing. The Parks Department will be preparing the site with an intended community build project of the new structure in May of 2017. PRCE staff and Administration are recommending that the City Council accept the donation and approve the purchase and installation of the new playground unit at Elks Park. The Hutchinson Elks should have additional information on the details of Phase I at the meeting on Monday. BOARD ACTION REQUESTED: Approve accepting a donation from the Hutchinson Elks and proceeding with the purchase and installation of Phase I of an Inclusive Play Park at Elks 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: HUTCHINSON CITY COUNCIL MEETING NHNUTES TUESDAY, OCTOBER 25, 2016 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, input from constituents, and other questions or information that has notyet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Chad Czmowski, Bill Arndt, and Mary Christensen. Member absent was 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 Czmowski, second by Arndt, to approve Council agenda as presented. Motion carried unanimously. 2. INVOCATION — Bethlehem United Methodist 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Approve/Deny Accepting $40,000 from City of Hutchinson Local Rotary Group and Proceeding with Installation of Play Structure at Rotary Park Jim Wendling, Hutchinson Rotary, presented before the Council. Mr. Wendling explained that the local rotary group has sponsored Rotary Park since the 1990s. Playground equipment was installed in 1993 and other amenities have been put in place over the years which include a shelter, sand volleyball court, walking path, and a ballfield. In addition, Heart of Hutch installed a fitness park within Rotary Park. Mr. Wendling explained that for the last five years Hutchinson Rotary has been fundraising for new playground equipment. The Rotary Group is ready to purchase the equipment and is donating $40,000 to the City of Hutchinson for the purchase. The Rotary group's intention is to give at least $5000 to the City for four more years to pay for the entire cost of this new playground project which totals $59,888. The difference of the $19,888 will come from the Public Sites fund with Rotary's yearly donation going back into that account. The Parks Department will be removing the existing unit in November with an intended community build project of the new play structure in early May 2017. Motion by Arndt, second by Christensen, to approve accepting $40,000 from City of Hutchinson Local Rotary Group and proceeding with installation of play structure at Rotary Park. Motion carried unanimously. PUBLIC COMMENTS (This 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 CITY COUNCIL MINUTES OCTOBER 25, 2016 (a) Regular Meeting of October 11, 2016 Motion by Christensen, second by Arndt, to approve minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedjor 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 (a) Consideration for Approval of Resolution No. 14627 — Resolution for Certification of Special Assessments From the City of Hutchinson to McLeod County Auditor (b) Consideration for Approval of Resolution No. 14628 — Resolution Amending the Established Income Guidelines & Asset Limitations for Senior and Disabled Citizens, Active Duty Military Reserves or National Guard Deferred Assessments and/or Seniors Reduced Refuse Rate (c) Consideration of a Conditional Use Permit for the Operation of an Assisted Living Facility in an R-2 Zoning District Located at 225 Shady Ridge Road NW with Favorable Planning Commission Recommendation (Adopt Resolution No. 14630) (d) Consideration of a Conditional Use Permit for Construction of a Drive Through Automatic Teller Machine (ATM) in a C-4 Zoning District Located at 1060 Highway 15 South with Favorable Planning Commission Recommendation (Adopt Resolution No. 14631) (e) Claims, Appropriations and Contract Payments — Check Register A Motion by Czmowski, second by Christensen, to approve Consent Agenda L Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Check Register B Motion by Czmowski, second by Arndt, with Forcier abstaining, to approve Consent Agenda II. Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) - NONE COMMUNICATIONS RE UESTS AND PETITIONS e purpose o this portion oj the agenda is to provide the Council with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities) UNFINISHED BUSINESS NEW BUSINESS 2 CITY COUNCIL MINUTES OCTOBER 25, 2016 9. APPROVE/DENY PROCUREMENT CARD POLICY Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the environment of company purchasing has migrated to an overwhelming amount of credit card purchases. More and more vendors require online purchases be paid with a credit card and/or lower costs are found online or some purchases can only be found online. Staff is recommending that department procurement cards be distributed. The finance department has maintained one "City" credit card since 2012 for all departments to use in those instances where a check disbursement is not possible. The card's usage has increased substantially in the past year. Wells Fargo has recommended that procurement cards offer more controls and benefits than standard credit cards. Mr. Reid reviewed the advantages of procurement cards which include cardholders having online access to review and approve purchases; monthly purchasing card billing statement is paid electronically from the City's Wells Fargo bank account; the online feature allows for a direct upload to the City's accounting software with vendor names, expense accounts and descriptions of purchase information being automatically populated; vendor purchases will be reflected in the City's accounting system as paid to the actual vendor; the City can place restrictions on the purchasing cards to prevent unauthorized purchases; the finance department has administrative access to the online program and can change restrictions and credit limits as needed; Wells Fargo will dedicate a representative to the City for assistance with all issues related to the purchasing card program and the City will receive cash -back rewards if procurement card purchases reach an annual threshold. Staff has established proposed departmental cards along with monthly limits which range from $5000 to $10,000. Motion by Czmowski, second by Christensen, to approve procurement card policy. Motion carried unanimously. 10. APPROVE/DENY ITEMS FOR SUBMISSION OF AN APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT PROGRAM (a) Resolution No. 14629 — Resolution Approving Submission of an Application to the Minnesota Department of Employment and Economic Development Contamination Cleanup Grant Program (b) Resolution No. 14632 — Resolution Committing to Provide the Required 25% Local Match For a Contamination Cleanup Grant and Authorizing Contract Signature Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the resolutions before the Council are required for a grant application Mr. Seppelt is submitting a grant application for the hotel project that is proposed on the northeast corner of Hwy 7/Hwy 15. The proposed grant would cover up to 75% of the costs of the environmental investigation and cleanup of the site. This site was once a gas station, so much environmental and soil corrections will be necessary. Motion by Czmowski, second by Arndt, to approve Resolution Nos. 14629 and 14632. Motion carried unanimously. 3 CITY COUNCIL MINUTES OCTOBER 25, 2016 11. APPROVE/DENY AWARDING BID FOR HUTCHINSON ENTERPRISE CENTER Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that bids were opened yesterday and the low bid came in approximately 20% higher than the project estimate. Because of this, the EDA Board is requesting that the Council table this item to November 22, 2016, to allow time for the EDA Board to review the project needs. Motion by Arndt, second by Czmowski, to table this item to November 22, 2016. Motion carried unanimously. 12. APPROVE/DENY SETTING COUNCIL BUDGET WORKSHOP FOR NOVEMBER 7, 2016, AT 4:00 P.M. Mr. Jaunich noted that a budget workshop should be held to review the enterprise fund budgets. Motion by Czmowski, second by Christensen, to set budget workshop for November 7, 2016, at 4:00 p.m. Motion carried unanimously. GOVERNANCE e purpose o this 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.) 13. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS �a) City of Hutchinson Financial Report and Investment Report for September 2016 b) Bicycle -Pedestrian Advisory Committee Minutes from April, May and July 2016 �c) Hutchinson Housing & Redevelopment Authority Board Minutes from September 20, 2016 d) Library Board Minutes from September 26, 2016 (e) Planning, Zoning, Building Department Third Quarter Report �f) Planning Commission Minutes from July 19 and September 20, 2016 g) City of Hutchinson Weed Report for September 2016 MISCELLANEOUS 14. STAFF UPDATES Matt Jaunich — Mr. Jaunich noted that on November 10, 2016, at the Science Museum, the City will be receiving its Clean Energy Community Award. Mr. Jaunich asked that if any council members are interested in attending they should let him know. 15. COUNCIL/MAYOR UPDATE ADJOURNMENT Motion by Arndt, second by Christensen, to adjourn at 6:10 p.m. Motion carried unanimously. 4 HUTCHINSON CITY COUNCIL ci=v-f AFQ� Request for Board Action 7AL =-a Agenda Item: Resolution 14633 - Accepting a Change in Designated Donation from VFW Department: Administration LICENSE SECTION Meeting Date: 11/7/2016 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: The City received a donation back in January from the VFW in the amount of $15,000. The donation was made at the time on the condition that the money be used to construct a bathroom facility at the VFW Park and that the money be spent by July 1, 2016. If not spent by July 1, 2016, the money was to be returned to the VFW. In June, we had yet to use the money for a bathroom facility and we received a request to push that deadline back to July 1, 2017, of which we granted. We have now received a request to change the designated use of the donation. The VFW is asking that we use the money to help purchase playground equipment at VFW Park instead of constructing a bathroom facility. City staff feels this request is appropriate and is accepting of this request and that it may actually be a better use of the money. Adopting the resolution would approve of these conditions. BOARD ACTION REQUESTED: Approve the resolution accepting the change in designated use of a donation from the construction of a bathroom facility to a use to purchase playground equipment at VFW. 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: October 21, 2016 City of Hutchinson 111 Hassan St SE Hutchinson, MN 55350 Charles McLaughlin Veterans of Foreign Wars Post 906 247 1stAve. SE Hutchinson, MN 55350 RE: Change in Designated Donation To Whom It May Concern: VFW Post 906 previously donated $15,000 to the City towards building permanent restrooms at VFW Park. We understand the remaining funding is not available at this time to complete the project. It is acceptable to our membership to use this previous donation towards new playground equipment in VFW Park in place of building the restrooms. Thank you, �erryX*s Gambling Manager 320-587-9929 bms Resolution No. 14633 RESOLUTION ACCEPTING A CHANGE IN DESIGNATED DONATION WHEREAS, The City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens and is specifically authorized to accept gifts and bequests for the benefit of recreational service pursuant to Minnesota Statutes Section 471.17; and, WHEREAS, the following organization has offered to contribute the cash amount set forth below to the City of Hutchinson: Name of Donor Amount VFW Post 906 $15,000.00 WHEREAS, the original donation from the VFW Post 906 was accepted by the City Council through Resolution 14510 on January 12, 2016 and amended by resolution 14582 on June 28, 2016; and WHEREAS, the donation was made on the condition that the City earmarks the donation for the construction of a bathroom at VFW Park and that the money is spent by July 1, 2017; and WHEREAS, the construction of the bathroom at VFW Park has not taken place and plans to do so are no longer in the works; and WHEREAS, the VFW Post 906 has extended the offer to use the donated money to help purchase new playground equipment at VFW Park; and WHEREAS, City Staff feels this is an appropriate use of the money and will utilize the donated money to make such a purchase by July 1, 2017; and WHEREAS, the City Council hereby finds that it is appropriate to accept the donation offered and use it to purchase playground equipment at VFW Park, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, NHNNESOTA THAT the donation and proposed change in designated use described above is hereby accepted by the City of Hutchinson with the conditions as laid out in the resolution. Adopted by the City Council this 7th day of November 2016. Gary T. Forcier, Mayor Matthew Jaunich, City Administrator HUTCHINSON CITY COUNCIL c'=y-fAa� Request for Board Action 7AL =-ft Agenda Item: Short-Term Gambling License - Hutchinson Center for the Arts Department: Administration LICENSE SECTION Meeting Date: 11/7/2016 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Hutchinson Center for the Arts has submitted a short-term gambling license application into administration for review and processing. The application is for events the organization is holding throughout the year. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short-term gambling license to Hutchinson Center for the Arts. Fiscal Impact: 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: ci:y vl. 1 l 1 Hassan Street Southeast Hu1chimsun, MN 55350 (320) 587-5151 Fax: (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered A lication e ❑ Short Term Date(s) f I k (] — 1 45 r � 1:2 Fee :$3Q U0 �thl aylYear — Mant&D (Year NDd ! Lj (y ❑reanization Information Name ` Phone Number Address where regular meeting are held City .State zip Federal or State ID: S_ G ce 3 5 0 Day and time of meetings? k�• Is this organization organized under the laws of the State of Minnesota? byes ❑ no How long has the organization been in existence? How may members in the organization? What is the purpose of the organization? y- 4- . In whose custody will organization records be kept? Name Phone Number Address 0'/ "ptn State Duly Authorized Officer of the Organization Information 11 True Name Residence Address City Phone Number M.N 5Y 3 U State Zip Date of Birth: 1 1 Place of Birth:Cray+ Month1duylyear City Stale Have you ever been convicted of any crime other than a traffic offense? ❑ yes If yes, explain: City of Hurchrnson Rpplicalionfor Gambling DeV1Ce3 License Page 2 of 3 Designated G ambling Manager ualr red under Minnesota Statute §329 VIIX le- Mn L, -19 0 True Name Phone Number fttc y) I fl si� t'l SS21Cjul Residence address City State Zip Date of Birth: _ li 1 b Place of Birth: Qbl . 4C�YP1� Montlldaylyear City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes no C V i(T-rtti - If yes, explain: How long have you been a member of the organization? 44.AA.2V1 S Gt h L' Game Information Location #1 k (�O )/ f5 Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used./ through AM AM Hours of the day gambling devices will be used: From _ �' Z' ,, To 0 r- Maximum number of player: 7("0 Pt d, "VI a %YLk Will prizes be paid in money or merchandise? ❑"money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes `0 no If yes., will a charge be made for such refreshments? ❑ yes Un -o Game Information Location #2 Name o flotation where game will be played Phone Number + Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To P Maximum number of player: Will prizes be paid in money or merchandise'? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charLe be made for such refreshments? ❑ yes ❑ no Al Zvi -� 130 j 3o 3t t j 3c Cily ofNulchinson Application for Gambling Devices License Page 3 of 3 Officers of the Organization (i 'accessary, list additional ruwnes on se araie sheet) V A 1 f'1 ��� }t� I r r er 5 r' c .i Name Title 7 2. UPS cc.<d � L 1J j f r r r V h t� r ."!�1'tii lvv L 3S G' I� J Residence Address City state Zip Vr Lir PlIe$t ,Name 1Ck" S Z,' D. �� N� ��. Title ' Residence Address City State Zip f� C1� 4'Yl 1W f P7.) S L'Y'Cr� j Reside ce Addie s i &1101111C'ezV Officers or Other Persons Paid for Services Information (Y'necessary, , list additionalnames on se orate sheet Name Title -2^ ] ■ / Residence Address � City, State Zip me Title fv� 317 Residence Address City State Zip Name Title Residence Address city State Zi Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 1120 and Minnesota Statutes Chapter 349)? Gambling Manager L1 rs ❑ no f.Ni Authorized Officer 0 yes ❑ no Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, 1 have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. 11 ; Signature of authorizedfficer of organization manager of organization Internal Use Onl City Council ❑ approved ❑ denied Notes: I D / I S,///,' Date _ wII&I, 1U Date HUTCHINSON CITY COUNCIL ci=v-f AFQ� Request for Board Action 7AL =-a Agenda Item: Approval of Improvement Project Change Orders Department: PW/Eng LICENSE SECTION Meeting Date: 11/7/2016 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner 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 Change Order No. 1 — Letting No. 1/Project No. 17-01 — Denver Avenue SE Extension This Change Order addresses subgrade soils that were found to be unsuitable and unstable during construction. Groundwater was also higher than expected. This work does not affect the interim or final completion dates. This Change Order results in an increase to the contract in the amount of $35,435.21. 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: 10/27/2016 STATE AID FOR LOCAL TRANSPORTATION CHANGE ORDER City/County of City of Hutchinson Change Order No. 1 Page 1 of 1 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. L1 P17-01 CONTRACT NO. L1 P17-01 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK R & R Excavating Denver Ave SE from Montreal St SE to Bradford St SE 1149 Hwy 22 South TOTAL CHANGE ORDER AMOUNT Hutchinson, MN 55350 $35,435.21 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. This Change Order addresses subgrade soils that were found to be unsuitable & unstable during construction. Ground water was also higher than expected. This work does not affect the interim Completion Date or Final Completion Date. This Change Order results in an increase to the contract in the amount of $35,435.21. COST BREAKDOWN Item No. Item Unit Unit Price Quantity Amount Funding Category No. 001 2105.501 COMMON EXCAVATION (EV) (P) CU YD $9.07 364 $3,301.48 2105.522 SELECT GRANULAR BORROW (CV) (P) CU YD $15.87 1909 $30,295.83 2105.604 SOIL STABILIZATION GEOGRID SQ YD $3.98 4720 $18,785.60 2105.507 SUBGRADE EXCAVATION CU YD ($9.07) 160 ($1,451.20) 2105.523 COMMON BORROW (CV) CU YD ($4.54) 1705 ($7,740.70) 2105.541 SUBGRADE CORRECTION - AGGREGATE BASE CLASS 5 (EV) CU YD ($20.41) 380 ($7,755.80) Funding Category No. 001 Total: $35,435.21 Change Order No. 1 Total: $35,435.21 Funding category is required for federal projects. CHANGE IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by Working Days b. [ X ] Is Not Changed [ ] Is Decreased by Working Days [ ] Is Increased by Calendar Days c. [ ] May be revised if work affected the controlling operation [ ] Is Decreased by Calendar Days \pproved By Project Engineer: Kent Exner Approved By Contractor: R & R Excavating Signed Signed Date: Phone: (320) 234-4212 Date: Phone: (320) 587-5918 Approved by Hutchinson City Council 07/14/2015. Signed Mayor, Gary Forcier Date: 11/07/2016 Signed Date: City Administrator, Matt Januich 11/07/2016 Original Contract Amt $381,578.95 Previous Change Orders: $0.00 Completion Date: 06/16/2017 HUTCHINSON CITY COUNCIL ci=v-f AFQ� Request for Board Action 7AL =-a Agenda Item: City Data Practices Policies Department: Legal LICENSE SECTION Meeting Date: 11/7/2016 Application Complete N/A Contact: Marc A. Sebora Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: State law requires the City to adopt a data practices policy which guides both the City and members of the public in obtaining information that the City retains. The data practices policy informs people of what type of information is public and what is not, how to obtain that information and who is responsible for overseeing data that is kept by the City. State law also requires that the City adopt the data practices policy annually. For your consideration and approval is the data practices policy for the City of Hutchinson. There is no proposed change from the version we adopted last year. I recommend adoption of the data practices policy. BOARD ACTION REQUESTED: Approve reaffirmation of City Data Practices policies. Fiscal Impact: 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: G Data Practices Policy for Data Subjects Data about You The Government Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. Classification of Data about You The Government Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. 1. Public data: We must give public data to anyone who asks; it does not matter who is asking for the data or why. The following is an example of public data about you: the names of Minnesota government employees 2. Private data: We cannot give private data to the general public, but you have access when the data are about you. We can share your private data with you, with someone who has your permission, with our government entity staff who need the data to do their work, and as permitted by law or court order. The following is an example of private data about you: Social Security numbers 3. Confidential data: Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. We can share confidential data about you with our government entity staff who need the data to do their work and to others as permitted by law or court order. We cannot give you access to confidential data. The following is an example of confidential data about you: the identity of the subject of an active criminal investigation Your Rights under the Government Data Practices Act This government entity must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. • Access to Your Data You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 2 Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask this government entity not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. • When We Collect Data from You When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you must use the consent form we provide. • Protecting your Data The Government Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. In the unfortunate event that we determine a security breach has occurred and an unauthorized person has gained access to your data, we will notify you as required by law. When your Data are Inaccurate and/or Incomplete You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Request for Your Data To look at data, or request copies of data that this government entity keeps about you, your minor children, or an individual for whom you have been appointed legal guardian, make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts on page 5. You may make your request by mail, fax or email using the data request form on page 7. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 3 If you choose not use to use the data request form, your request should include: • that you are making a request, under the Government Data Practices Act (Minnesota Statutes, Chapter 13), as a data subject, for data about you; • whether you would like to inspect the data, have copies of the data, or both; • a clear description of the data you would like to inspect or have copied; and • identifying information that proves you are the data subject, or data subject's parent/guardian. This government entity requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor's parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity located on page 8. How We Respond to a Data Request Once you make your request, we will work to process your request. If it is not clear what data you are requesting, we will ask you for clarification. • If we do not have the data, we will notify you in writing within 10 business days. • If we have the data, but the data are confidential or private data that are not about you, we will notify you within 10 business days and state which specific law says you cannot access the data. • If we have the data, and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data within 10 business days. You may choose to pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 6. After we have provided you with access to data about you, we do not have to show you the data again for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 4 Data Practices Contacts Responsible Authority City Administrator 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Data Practices Compliance Official City Attorney 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Data Practices Designee(s) Executive Assistant/Paralegal 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 5 Copy Costs - Data Subjects This government entity charges data subjects for copies of government data. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. The City does not charge for copies that are 10 pages or less. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to make copies is the retriever's hourly rate. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 6 Data Request Form - Data Subjects Date of request: To request data as a data subject, you must show a driver's license, military ID, or passport] as proof of identity. I am requesting access to data in the following way: [a valid state ID, such as ❑ Inspection ❑ Copies ❑ Both inspection and copies Note: inspection is free but a charge is applied for copies that are 10 pages or more. These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form. Contact Information Data subject name Parent/Guardian name (if applicable Address Phone number Email address Staff Verification Identification provided We will respond to your request within 10 business days. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 7 Standards for Verifying Identity The following constitute proof of identity. • An adult individual must provide a valid photo ID, such as o a state driver's license o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID • A minor individual must provide a valid photo ID, such as o a state driver's license o a military ID o a passport o a Minnesota ID o a Minnesota Tribal ID o a Minnesota school ID • The parent or guardian of a minor must provide a valid photo ID and either o a certified copy of the minor's birth certificate or o a certified copy of documents that establish the parent or guardian's relationship to the child, such as a court order relating to divorce, separation, custody, foster care a foster care contract an affidavit of parentage • The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as o court order(s) o valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. Policy required by Minnesota Statutes, section 13.025, subdivision 3. Page 8 G Data Practices Policy for Members of the Public Right to Access Public Data The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, DVDs, photographs, etc. The Government Data Practices Act also provides that this government entity must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. How to Make a Data Request To look at data or request copies of data that this government entity keeps, make a written request. Make your request for data to the appropriate individual listed in the Data Practices Contacts on page 4. You may make your request for data by mail, fax or email using the data request form on page 6. If you choose not to use the data request form, your request should include: • that you, as a member of the public, are making a request for data under the Government Data Practices Act, Minnesota Statutes, Chapter 13; • whether you would like to look at the data, get copies of the data, or both; and • a clear description of the data you would like to inspect or have copied. This government entity cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request. How We Respond to a Data Request Upon receiving your request, we will work to process it. If we do not have the data, we will notify you in writing as soon as reasonably possible. If we have the data, but the data are not public, we will notify you as soon as reasonably possible and state which specific law says the data are not public. If we have the data, and the data are public, we will respond to your request appropriately and promptly, within a reasonable amount of time by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or o provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies, or we will mail or fax them to you. If you want us to send you the copies, Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 2 you will need to provide us with an address or fax number. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 5. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement. (For example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request.) If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, the Government Data Practices Act does not require us to answer questions that are not requests for data. Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make your request in writing and pre -pay for the cost of creating the data. Upon receiving your written request — you may use the data request form on page 6 — we will respond within ten business days with the data or details of when the data will be ready and how much we will charge. Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 3 Data Practices Contacts Responsible Authority City Administrator 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Data Practices Compliance Official City Attorney 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Data Practices Designee(s) Executive Assistant/Paralegal 111 Hassan Street SE Hutchinson, MN 55350 Ph. (320) 587-5151 Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 4 Copy Costs — Members of the Public This government entity charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). For 100 or Fewer Paper Copies — 25 cents per page 100 or fewer pages of black and white, letter or legal size paper copies cost 25C for a one-sided copy, or 50C for a two-sided copy. The City does not charge for copies that are 10 pages or less. Most Other Types of Copies — Actual cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. The cost of employee time to search for data, retrieve data, and make copies is the retriever's hourly rate. If, because of the subject matter of your request, we find it necessary for a higher -paid employee to search for and retrieve the data, we will calculate the search and retrieval portion of the copy charge at the higher salary/wage. Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 5 Data Request Form - Members of the Public Date of request: I am requesting access to data in the following way: ❑ Inspection ❑ Copies ❑ Both inspection and copies Note: inspection is free but the City charges $.25/page for copies over 10 pages. These are the data I am requesting: Describe the data you are requesting as specifically as possible. If you need more space, please use the back of this form. Contact Information Name: Address: Phone number: Email address: You do not have to provide any of the above contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. We will respond to your request as soon as reasonably possible. Policy required by Minnesota Statutes, section 13.025, subdivision 2. Page 6 CHECK REGISTER A -FOR CITY OF HUTCHINSON CHECK DATE FROM 10/26/2016 - 11/08/2016 Check Date -------------------- 11/02/2016 Check -------------- 193716 Vendor Name --------------------------------------------------------------- STAR TRIBUNE Description ----------------------------------------------------------------------- SUBSCRIPTION Amount -------------------- 204.62 11/08/2016 193717 3D SPECIALTIES 10 FT TYPE I DBL HIP PLASTICADE BARRICAD 6,683.25 11/08/2016 193718 ACE HARDWARE SOUTH PARK- BATHROOM PAINT 658.06 11/08/2016 193719 VOID 0.00 11/08/2016 193720 AG SYSTEMS HOSE 50.40 11/08/2016 193721 AHLGREN ELECTRIC 4 LAMP T8 HIGH EFF BALLAST 278.72 11/08/2016 193722 AMERICAN BOTTLING CO OCT PURCH 202.32 11/08/2016 193723 AMERIPRIDE SERVICES TOWEL BAR, MOPS 97.88 11/08/2016 193724 ARCTIC GLACIER USA INC. OCT PURCH 252.10 11/08/2016 193725 ARENA WAREHOUSE, LLC RENTAL OF CARPET POLE FOR TURF TRANSPORT 150.00 11/08/2016 193726 ARNDT, WILLIAM PORK CHOP SEASONING, CHARCOAL 52.61 11/08/2016 193727 ARNESON DISTRIBUTING CO OCT PURCH 120.00 11/08/2016 193728 ARROW TERMINAL LLC WIRE 100' SPOOL, EXTENSION CORD 467.38 11/08/2016 193729 ARTISAN BEER COMPANY OCT PURCH 1,306.70 11/08/2016 193730 ASPEN MILLS BATES BOOT- UNIFORMS/SMALL TOOLS 109.95 11/08/2016 193731 AUTO VALUE - GLENCOE 3/4F -1/2M ADAPTER 643.53 11/08/2016 193732 AUTOMATIC SYSTEMS CO MONTHLY SERVICE AGREEMENT- OCT 2,000.00 11/08/2016 193733 BACHMAN'S ARBORVITAE TECHNY 4 FT, LINDEN SENTRY 470.25 11/08/2016 193734 BELLA VITA BAGS BOTTLE STOPPERS, WINE MARKER SETS 110.85 11/08/2016 193735 BELLBOY CORP TWANG SPICY BLDY MARY SEASONING 2,489.68 11/08/2016 193736 BENNY'S MEAT MARKET 2016 ANNUAL RECOGNITION DINNER 574.40 11/08/2016 193737 BERNICK'S NOV PURCH 433.40 11/08/2016 193738 BRANDED SOLUTIONS OCT PURCH 185.17 11/08/2016 193739 BREAKTHRU BEVERAGE OCT PURCH 8,950.10 11/08/2016 193740 BUSINESSWARE SOLUTIONS OCTOBER Cost per Print 1,590.92 11/08/2016 193741 C & L DISTRIBUTING OCT PURCH 19,589.63 11/08/2016 193742 CALIFORNIA CONTRACTORS SUPPLIES FULL FACE HEADWARMER 119.40 11/08/2016 193743 CARDIACSCIENCE ELECTRODES, DEFIBRILLATION AED 314.08 11/08/2016 193744 CENTRAL HYDRAULICS QUICK COUPLER 9.56 11/08/2016 193745 CENTRAL MCGOWAN ACETYLENE 75.75 11/08/2016 193746 CHANKASKA CREEK OCT PURCH 151.20 11/08/2016 193747 CHEMISOLV CORP FERRIC CHLORIDE 38% 4,577.00 11/08/2016 193748 CM SERVICES LLC LAWN MOWING 47 MCLEOD AVE NE 160.00 11/08/2016 193749 COMDATA CORPORATION MISC PURCH 541.14 11/08/2016 193750 COMMISSIONER OF TRANSPORTATION HOGAN MEMORIAL SIGNS (4) 5,113.36 11/08/2016 193751 CONTINENTAL RESEARCH CORP TEFLA PENT 210.22 11/08/2016 193752 CREEKSIDE SOILS MULCH FOR CROW RIVER REC PLANTING- DNR R 940.63 11/08/2016 193753 CRIUS CORP TMAT TRAIL SEALANT INSTALLED 3RD AVE & G 2,500.00 11/08/2016 193754 CROW RIVER AUTO & TRUCK REPAIR OIL CHANGE- 2009 FORD PICKUP F350 37.31 11/08/2016 193756 CROW RIVER GOLF CLUB 10/21/16 BANQUET OPEN FOOD 536.88 11/08/2016 193757 CROW RIVER PRESS INC SENIOR NEWSLETTERS 91.90 11/08/2016 193758 DAVE'S PALLET SERVICE #2 4 WAY PALLET 8,190.00 11/08/2016 193759 DERAGON, JAMES & KATHLEEN MHFA FIX -UP FUND LOAN 19,641.73 11/08/2016 193760 DISPLAY SALES 25' NATURALTIMERLANDGARLAND WARM WHITE 4,056.00 11/08/2016 193761 DROP -N -GO SHIPPING INC MAILING- ALPHA WIRELESS 832.87 11/08/2016 193762 ECOLAB PEST ELIMINATION RODENT PROGRAM- OCT 149.34 11/08/2016 193763 ELECTRO WATCHMAN FIRE & SECURITY - CIVIC ARENA 11/1/16-1/ 753.00 11/08/2016 193764 FARM -RITE EQUIPMENT HYD OIL LEAK, REPLACED BOBTACH HOSE 514.60 11/08/2016 193765 FASTENAL COMPANY COLLAR 56.58 11/08/2016 193766 FORCIER, NIKKI CLASS CANCELLED DUE TO LOW ENROLLMENT 60.00 11/08/2016 193767 G & K SERVICES TOWELS 184.76 11/08/2016 193768 GEB ELECTRICAL INC HOT WATER SW SHORTED- ICE ARENA 233.50 11/08/2016 193769 GOPHER STATE FIRE EQUIPMENT CO. SPINKER INSPECTIONS- REC CENTER, MOBILE 409.00 11/08/2016 193770 GRAINGER HIGH CAP PLEATED FILTER 892.08 11/08/2016 193771 GRANITE ELECTRONICS MINITOR VI SINGLE FREQ- PAGERS/BATTERIES 1,072.02 11/08/2016 193772 GREEN EARTH LAWN CARE INC CEMETERY MOWING 6,900.00 11/08/2016 193773 GTS REG ID 96943797- TOM KLOSS- 2016 GOVERNM 525.00 11/08/2016 193774 HACH COMPANY PHOSVER 3 PWD PLW 140.64 11/08/2016 1193775 1 HANSEN GRAVEL I PEA ROCK & DEL CHARGE 216.50 CHECK REGISTER A -FOR CITY OF HUTCHINSON CHECK DATE FROM 10/26/2016 - 11/08/2016 Check Date -------------------- 11/08/2016 Check -------------- 193776 Vendor Name --------------------------------------------------------------- HARRISON TRUCK PARTS Description ----------------------------------------------------------------------- BRAKE SHOE, CORE, BRAKE KIT, LAMP Amount -------------------- 117.93 11/08/2016 193777 HASSLEN CONSTRUCTION COMPANY, INC LABOR & MATERIALS TO GRIND EXPOSED ROOF 600.00 11/08/2016 193778 HATTEN, DANIEL INTERNATIONAL CHIEFS OF POLICE ASSN -SAN 2,148.13 11/08/2016 193779 HAUGEN, MARV MRPA ANNUAL CONF-EAGAN MN 195.65 11/08/2016 193780 HAWK PERFORMANCE SPECIALITIES ICE PAINT SERVICE 2016- BURICH ARENA 3,450.00 11/08/2016 193781 HCVN-TV 3RD QTR FRANCHISE FEES 24,146.57 11/08/2016 193782 HD SUPPLY WATERWORKS LTD 3/4 IPERL 1,002.02 11/08/2016 193783 HEIMAN FIRE EQUIPMENT BLITZFIRE TIP- ENGINE 2 99.85 11/08/2016 193784 HENNEPIN COUNTY COURT ADMIN BAIL-G.PATTERSON 78.00 11/08/2016 193785 HILLYARD/ HUTCHINSON TISSUE OPTICORE 149.39 11/08/2016 193786 HJERPE CONTRACTING REPAIR WATER LEAK AT LIBRARY SQUARE 5,707.50 11/08/2016 193787 HOHENSTEINS INC OCT PURCH 1,168.00 11/08/2016 193788 HRA PROCESSING FEE J. K DERAGON 400.00 11/08/2016 193789 HUTCHINSON UTILITIES REFUND FOR VIVID IMAGE PAYMENT INCORRECT 2,720.00 11/08/2016 193790 HUTCHINSON WHOLESALE NAPAGOLD AIR & FUEL FILTER 904.08 11/08/2016 193791 HUTCHINSON, CITY OF WATER SERVICE 9/1-9/30/16 1,053.66 11/08/2016 193792 HYDRO KLEAN GFG- 44 CALIBRATION GAS 989.20 11/08/2016 193793 IDENTISYS ID CENTRE LITE SOFTWARE, HD IMAGE WEB CA 3,726.66 11/08/2016 193794 INTERSTATE BATTERY SYSTEM MINNEAPOL 31P-MHD, BLFASH24 1,158.56 11/08/2016 193795 J & R AUTO & RADIATOR NO CAB AIR COND 290.44 11/08/2016 193796 JJ TAYLOR DIST OF MN OCT PURCH 3,878.97 11/08/2016 193797 JOHNSON BROTHERS LIQUOR CO. OCT PURCH 22,387.97 11/08/2016 193798 JORDAHL, JIM ADAPTIVE REC DANCE- 10/25/16 200.00 11/08/2016 193799 J U U L CO NTRACTI NG CO DENVER AVE CLEAN DRAIN TI 24,857.21 11/08/2016 193800 KELLY KURTH INSURANCE SERVICES SIGN & AWNING GRANT 563.72 11/08/2016 193801 KERI'S CLEANING OCT CLEANING- LIQUOR 1,300.00 11/08/2016 193802 KRIENKE, DALE TITLE CERTTRAINING 78.35 11/08/2016 193803 L & P SUPPLY CO 2015 TS GATOR 270.51 11/08/2016 193804 LITTLE CROW SHOOTING SPORTS TRAD COVER, BORESNAKE 21.94 11/08/2016 193805 LOCHER BROTHERS INC OCT PURCH 23,698.35 11/08/2016 193806 LOGIS UPS -COURIER INVF442X5356, ADMIN CHARGE 6,992.84 11/08/2016 193807 MADDEN GALANTER HANSEN LLP SERVICES RENDERED THROUGH 9/30/16 29.18 11/08/2016 193808 MAIN STREET SPORTS BAR EDA SPECIAL BOARD MEETING 44.01 11/08/2016 193809 MAPLEWOOD ACADEMY PRCE GYMNASTICS PROGRAM- FALL SESSION 323.00 11/08/2016 193810 MARK BETKER CONSTRUCTION LLC FIREMAN'S PARK SHELTER ROOF -STEEL 3,193.17 11/08/2016 193811 MCLEOD COOP POWER ASSN ELECTRIC CONNECTION FOR 335 OTTAWA AVE S 800.00 11/08/2016 193812 MCLEOD COUNTY AUDITOR -TREASURER R23.319.0050-880 AIRPORT 9,705.00 11/08/2016 193813 MCRAITH, JOHN WAGON WHEEL, INDOOR PLAYGROUND RIDING TO 506.30 11/08/2016 193814 MENARDS HUTCHINSON 60W DIM 2PK, 25" UPRIGHT 441.59 11/08/2016 193815 MINE SAFETY APPLIANCES COMPANY A-ULTX-SENS 1,227.42 11/08/2016 193816 MINI BIFF RENT REG BLUE- SHOOTING RANGE 149.94 11/08/2016 193817 MINNEAPOLIS, CITY OF APS TRANS FEES FOR SEPT 66.60 11/08/2016 193818 M I N N ESOTA VALLEY TESTI NG LAB BOD 342.60 11/08/2016 193819 MMC WWTF- HEATING SYSTEM DOWN TO 5 PSI 499.00 11/08/2016 193820 MN FALL MAINTENANCE EXPO 2016 FALL EXPO- PO19418 250.00 11/08/2016 193821 MOON, DOLF MRPA CONF 363.39 11/08/2016 193822 MPCA PROPOSAL HOTEL NEQOF HWY 7E AND MAIN ST 875.00 11/08/2016 193823 NASH FINCH COMPANY 3RD QTR 2016 -COMMON AREA MAINT 777.51 11/08/2016 193824 NEWCOMB, LUCY ADAPTIVE REC-EXERCISE PROGRAM 100.00 11/08/2016 193825 NORTHERN BUSINESS PRODUCTS INK CRG, LABEL, POUCH 450.47 11/08/2016 193826 NORTHERN SAFETY & INDUSTRIAL PREM CLS2 SLEEVELESS TSHIRT 433.49 11/08/2016 193827 NORTHERN SAFETY TECHNOLOGY MINI CENTRURY 11" AMBER W/CLEAR LENS 323.06 11/08/2016 193828 NORTHERN STATES SUPPLY INC BLT PLAIN, SHAKER SCREEN 61.00 11/08/2016 193829 O'REILLY AUTO PARTS SWAY LINK KT 45.95 11/08/2016 193830 OFFICE DEPOT FORKS, CARDHOLDER 63.46 11/08/2016 193831 OFFICE OF MN IT SERVICES SEPT SERVICES 106.90 11/08/2016 193832 OLD DOMINION BRUSH LEAF VACS -BEARING FRONT 882.65 11/08/2016 193833 OSSEO CONSTRUCTION CO, LLC 1_4P16-04 #1 SERVICE ENDING 10/27/16 347,367.50 11/08/2016 1193834 1 PAUSTIS WINE COMPANY JOCT PURCH 1 1,094.34 CHECK REGISTER A-FOR CITY OF HUTCHINSON CHECK DATE FROM 10/26/2016 - 11/08/2016 Check Date -------------------- 11/08/2016 Check -------------- 193835 Vendor Name --------------------------------------------------------------- PELLINEN LAND SURVEYING Description ----------------------------------------------------------------------- SURVEY & CERT FOR SETTING ST RIGHT OF WA Amount -------------------- 460.00 11/08/2016 193836 PETZEL,RAQUEL INTERPRETING SERVICES-SEPT 120.00 11/08/2016 193837 PHILLIPS WINE & SPIRITS OCT PURCH 22,114.28 11/08/2016 193838 POSITIVE ID INC ID CARD 19.40 11/08/2016 193839 POSTMASTER UB BILLS- NOV 1,600.00 11/08/2016 193840 PREMIER TECH CHRONOS AP-425 ELEVATOR VFD & GEARMOTOR RETROFIT 15,775.80 11/08/2016 193841 PRO HYDRO TESTING LLC HYDRO TESTING SCBA CYLINDERS 690.00 11/08/2016 193842 QUILL CORP 2017 QUILL BLACK MONTH PLANNER, SWIFTER 210.41 11/08/2016 193843 R & R EXCAVATING L1P17-01 SERVICE 9/296-10/24/16 214,324.95 11/08/2016 193844 RJ LTRANSFER FREIGHT 9/21-10/12/16 2,036.65 11/08/2016 193845 RATH-LENZEN, KAMI JO REFUNDABLE DAMAGE DEPOSIT- WEDDING 8/13/ 300.00 11/08/2016 193846 RDO EQUIPMENT CO. NEW 2016 ACS INDUSTRIES 624JCPLR 4,250.00 11/08/2016 193847 REINER ENTERPRISES INC FLATBED TRUCKING 10/6-10/07/16 5,034.08 11/08/2016 193848 ROSENBAUER MN LLC CHASSIS PER CONTRACT 321.00 11/08/2016 193849 ROYALTIRE PUNCTURE REPAIR 488.62 11/08/2016 193850 RUNNING'S SUPPLY KAYAK, BULB PLANTER FALL, COUPLER 1,327.11 11/08/2016 193851 SAM'S CLUB MISC PURCH 115.37 11/08/2016 193852 SAM'S TIRE SERVICE TRUCK SERVICE CALL- LOADER #969 278.33 11/08/2016 193853 SEBORA, MARC COURT EXP 9/22-10/27/16 118.10 11/08/2016 193854 SIGNATURE AQUATICS PROJECT MANAGEMENT- HUTCHINSON AQUATIC C 31,180.13 11/08/2016 193855 SIMONSON LUMBER CO TOTUSHEKCHARGE 65.00 11/08/2016 193856 SNYDER, BILL REPURCHASE 2 GRAVE UPRIGHT CEMETERY LOT 980.00 11/08/2016 193857 SCRENSEN'S SALES & RENTALS 3/4X2 RED- BAGGER 10.75 11/08/2016 193858 SOUTHERN WINE & SPIRITS OF MN OCT PURCH 7,735.56 11/08/2016 193859 SPARTAN STAFFING WK ENDING 10/16/16 8,259.59 11/08/2016 193860 STANDARD PRINTING 30 SHEETS CARDSTOCK 3.00 11/08/2016 193861 STAPLES ADVANTAGE DISC CDR 52X 80MIN 100SP 745.10 11/08/2016 193862 STEARNS COUNTY SHERIFF SUBPOENA- MN VS AMUNDSEN-L. WILLIS 50.00 11/08/2016 193863 STRATEGIC EQUIPMENT AND SUPPLY FLASK, BROWN BAGS 352.54 11/08/2016 193864 TAPS-LYLE SCHROEDER CLEANED LINEN & TOPS 25.00 11/08/2016 193865 TASC December 2016 Flex Adm. Fees 104.80 11/08/2016 193866 TEK MECHANICAL LABOR SERVICE CALL- FURNACE NOT KICKING 87.00 11/08/2016 193867 THOMPSON, DENEIL SAFETY FOOTWEAR 154.99 11/08/2016 193868 THOMSON REUTERS-WEST DISCOUNT PLAN CHARGES 389.25 11/08/2016 193869 TIMBER GARAGE DOOR 14'X12' DOOR LINK MODEL 4400 RIBBED DOOR 4,132.00 11/08/2016 193870 TITAN MACHINERY AIR FILTER- LOADER 186.68 11/08/2016 193871 TRUE BRANDS SNIP A STRIP 46.04 11/08/2016 193872 TWO WAY COMMUNICATIONS INC CIG PLUG 92.90 11/08/2016 193873 UNIFORMS UNLIMITED UNIFORM BADGE 138.00 11/08/2016 193874 UNITED PACKAGING & DESIGN 40X48X.22 SLIP SHEET 6,230.70 11/08/2016 193875 US BANK EQUIPMENT FINANCE CONTRACT ALLOWANCE 10/20-11/20/16 411.19 11/08/2016 193876 USAQUATICS HUT13016 HUTCHINSON AQUATIC CENTER- CONS 3,385.00 11/08/2016 193877 VERIZON WIRELESS SEP24-OCT 23'16 USAGE 3,111.33 11/08/2016 193878 VIKING BEER OCT PURCH 15,019.95 11/08/2016 193879 VIKING COCA COLA MISC BEVERAGES 540.30 11/08/2016 193880 VINOCOPIA INC OCT PURCH 790.58 11/08/2016 193881 VIVID IMAGE AQUATIC CENTER- VIVID IMAGE ANNUAL SAFE 720.00 11/08/2016 193882 WAL-MART COMMUNITY MIS PURCH 62.98 11/08/2016 193883 WASTE MANAGEMENT OF WI-MN SOURCE SEPERATED - VEHICLE 514 4,461.39 11/08/2016 193884 WINE COMPANY, THE NOV PURCH 125.00 11/08/2016 193885 WM MUELLER & SONS 2016 CREEKSIDE SOILS BITUMINOUS REPAIR P 80,428.90 11/08/2016 193886 WM MUELLER & SONS - SEPARATE CK L1P16-01 #6 230.85 11/08/2016 193887 ZARNOTH BRUSH WORKS INC MOBIL POLY CABLEWRAP BROOM REFILL 832.00 11/08/2016 193888 ZELLER STUDIO INFANT CEMETERY SCULPTURE- 50% DOWN 15,500.00 11/08/2016 193889 ZEP SALES AND SERVICE AEROSOL, ORANGE RESPONSE LIQUID, METER M 1,178.14 GRAND TOTALS I I I L 1,070,106.74 CHECK REGISTER B- FOR CITY OF HUTCHINSON CHECK DATE FROM 10/26/2016 - 11/08/2016 Check Date Check Vendor Name ------------------------------------------------------------------------------------------------- 11/08/2016 193755 CROW RIVER GLASS Description Amount ----------------------------------------------------------------------- -------------------- HINGES 57.30 GRAND TOTALS I I i 57.30 HUTCHINSON CITY COUNCIL ci=q­f AFQ� Request for Board Action 7AL =-a Agenda Item: Contract Renewal - Gavin, Winters, Long, Ltd. Department: Legal LICENSE SECTION Meeting Date: 11/7/2016 Application Complete N/A Contact: Marc A. Sebora Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Enclosed for your consideration is a new contract for prosecution services with the Gavin Law office in Glencoe. As you know, their office has assisted the City of Hutchinson with prosecution services for many years. The contract is now expired and needs to be renewed. In the proposed contract they are willing to perform up to 40 hours of preparing criminal complaints, attendance at court hearings and other legal services for the amount of $3300 per month. They have not increased their fees to the city since 2010. I would add that the Gavin Law office has provided the City of Hutchinson with excellent service through the years. In addition, they are one of the only law offices in the area experienced in the prosecution of criminal matters. In addition, the State of Minnesota has gone to an all -electronic criminal charging system about a year ago and they are one of the few law offices in our area that is equipped by and registered with the State of Minnesota for the electronic processing of criminal complaints. I recommend that you approve this contract. Ms.Jody Winters of the Gavin Law office will be in attendance to address any questions you may have about their firms' proposal. BOARD ACTION REQUESTED: Approve contract renewal with Gavin, Winters, Long. Ltd. Fiscal Impact: 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: Gavin Winters 0 Long Ltd. GAVIN LAW BUILDING 1417 HENNEPIN AVENUE NORTH GLENCOE, MINNESOTA 55336-2287 PHONE (320)864-5142 METRO LINE (952)467-2994 FAX (320) 864-5146 WEBS www. gos 1 awfi rm . c E -MAI jwinters@goslawfirm. cot JODY L. WI NT Attorney at QUALIFIED CIVIL NEUTRAUEN August 25, 2016 Mr. Marc Sebora 111 Hassan Street SE Hutchinson, MN 55354-2522 RE: 2417 Fee Agreement Dear Marc: Enclosed for your review is our proposal for the Fee Agreement commencing January 1, 2017. The current monthly retainer amount $3,200.00 and our proposal is to increase the monthly retainer to $3,340.04. Please note the retainer amount of $3,200.00 has remained the same since 2010. Please let me know if this increase is acceptable to the City of Hutchinson. As always your input is welcome. Please contact me if you wish to discuss the contents of the letter. Sincerely, J dy inters JWlja Fnclosure Misc%Sebora 082316 wpd FEE AGREEMENT This Agreement is made this 1 st day of January, 2017, at Hutchinson, Minnesota between the City of Hutchinson, hereinafter called "Client" and Gavin, Winters & Long, Ltd., Attorneys at Law, hereinafter called "Attorneys." The Client has requested the Attorneys undertake legal prosecution services for criminal cases for the Client at the direction and discretion of the Hutchinson City Attorney which will include but is not limited to the following - A. Prosecution of gross misdemeanor, misdemeanor and petty misdemeanor cases including traffic violations, DWI cases, theft and code violations initiated by the Hutchinson Police Department. B. Prosecution of all gross misdemeanor, misdemeanor and petty misdemeanor cases that occur in Hutchinson and initiated by the Minnesota State Highway Patrol. C. Drafting complaints, representing the Client at court appearances which currently include an assignment of 2-3 days per week plus jury trials. The court appearances include omnibus hearings, pretrial conferences, court and jury trials and post -conviction hearings. D. Preparation of regular reports of prosecution activities and staff activities. E. Being available to meet with the Chief of Police to review prosecution matters. F. Advise and consult with City inspection staff regarding abatement of nuisances and other city code violations. G. Being available for meetings as directed by the Client. The Attorneys have consented to accept this employment. Said services shall begin on January 1, 2017. It is agreed between the Client and Attorneys as follows: 1. The Attorneys agree to undertake the services rendered at a flat fee of $3,300.00 per month with the agreement that the hours of service will not exceed 40 hours per month. If said services exceed 40 hours, the Client agrees to pay $125.00 per hour for the services provided which exceed 40 hours. Compensation to be reviewed annually based upon workload. 2. Both the Attorneys and Client may terminate this agreement by 30 days written notice, one to the other, of their intention to so terminate, except that the Client shall pay the Attorneys for all Attorneys' fees and costs rendered to the date of termination according to said agreement and the Client shall provide a substitute attorney to handle the pending prosecution matters. IN WITNESS WHEREOF, we have signed our names the day and year first above written. 1041101 to CITY OF HUTCHINSON Mayor City Administrator ATTORNEYS: GAVIN, WINTERS & LONG, LTD. Jody Winters MINUTES Parks, Recreation & Community Education Advisory Board October 3, 2016 Members present were John Rodeberg, Marsha Anderson, Marlys Hoeft, Chad Czmowski, and Mary Haugen. Also present were Dolf Moon, and Jody Harms. The meeting was called to order at 5:15 pm by John Rodeberg. A motion was made by Chad Czmowski to approve minutes from the June 7 meeting and was seconded by Marlys Hoeft. The board unanimously agreed. OLD BUSINESS Aquatic Center Update: • Mary Haugen gave an update on the progress and August flood of the center. • The loss of the flooded pool was $640,000. Insurance covered all but the $25,000 deductible. • Demo is complete on the damaged portion of the pool. Concrete will be poured for the remaining two larger pools by the end of this week. • Discussion on winter maintenance and needs. • Locker rooms will be open around December 15 for the upcoming activities at the recreation center. State Baseball Tournament: • Hutchinson hosted the State B Tournament from August 20 -September 5. • Due to weather and wet fields, the first eight games were moved to Brownton. • Attendance was the highest since 1988 at over15,000. • Positive comments were shared regarding the playing field and spectator visibility. NEW BUSINESS Program Numbers: • Summer and fall participation numbers were shared with comparisons with 2015 programs. Brochure Improvements: • The PRCE brochure is now in all full color. 2017 Budget: 0 Aquatics center budget and projections were discussed Summer Project Review: • Mini shelters (20 total) 1. Updated table and roof (metal) 2. Five to be completed this fall and five more over the winter • Way finding Signs 1. Five directional and five monument signs to be done by winter 2. Hutchinson Chamber, Economic Development, and the City of Hutchinson together provided funding for this project. Board Openings: • John Rodeberg and Elizabeth Hanninen-Scham's terms are complete. Both served two three year terms. Thank you for your service on the PRCE Advisory Board. • They will be included in Advisory Board communications until the Mayor has appointed new members. Linden Park Pond: • Due to frequent flooding a storm water pond may be installed on the north end of Linden Park. • A path, benches, and plants will be added. • A turf area will remain on the south end. It will be able to accommodate one full size soccer field or multiple fields for younger soccer players. BOARD MEMBER ITEMS • No items. ADJOURNMENT • Motion made to adjourn by John Rodeberg and seconded by Chad Czmowski. Meeting adjourned at 6:15 pm.