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cp01-13-2009 c
AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 13, 2009 1. CALL TO ORDER —5:30 P.M. 2. INVOCATION — Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF DECEMBER 23, 2008 (b) ORGANIZATIONAL MEETING OF JANUARY 2, 2009 Action - Motion to approve as presented 6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise ave been a egate to t e City Administrator. Traditionally, items are .ot discussed.) (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. MOTOR VEHICLE DEPARTMENT MONTHLY SUMMARY FOR NOVEMBER 2008 2. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM OCTOBER 27, 2008 3. FIRE DEPARTMENT MONTHLY REPORT FOR DECEMBER 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13523 - RESOLUTION AUTHORIZING BUSINESS DEVELOPMENT INFRASTRUCTURE GRANT APPLICATION 2. RESOLUTION NO. 13524 — RESOLUTION AMENDING 2009 FEE SCHEDULE 3. RESOLUTION NO. 13525 — RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF UPDATED CRITERIA FOR THE GRANTING OF BUSINESS SUBSIDIES (c) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR PERFORMANCE APPRAISAL SESSION HELD ON DECEMBER 23, 2008 (d) CONSIDERATION FOR APPROVAL OF AGREEMENT WITH SKY VIEW DAIRY (e) CONSIDERATION FOR APPROVAL OF BOARD APPOINTMENTS/REAPPOINTMENTS - CRAIG LENZ TO THE HUTCHINSON UTILITIES COMMISSION TO DECEMBER 2013 - SCOTT SCHOLL AND MARY CHRISTENSEN TO THE PARKS /RECREATION /COMMUNITY EDUCATION BOARD TO AUGUST 2011 - PHYLLIS BIRKHOLZ AND RANDY BULLERT TO THE SENIOR ADVISORY BOARD TO JANUARY 2012 (f) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH SOUTHWEST METRO DRUG TASK FORCE CITY COUNCIL AGENDA —JANUARY 13, 2009 (g) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2009 PAVEMENT MANAGEMENT PROGRAM PHASE 1 (LETTING NO. 3, PROJECT NO. 09 -03) (h) CONSIDERATION FOR APPROVAL OF MOSQUITO MANAGEMENT CONTRACT WITH CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT INC. (i) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR THE HUTCHINSON ROTARY FOUNDATION ON APRIL 24, 2009 0) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR THE MINNESOTA DEER HUNTER'S ASSOCIATION ON APRIL 4, 2009 (k) CONSIDERATION FOR APPROVAL OF REQUEST FOR PROPOSALS FOR ACTUARIAL FOR GASB STATEMENT 45 (I) CONSIDERATION FOR APPROVAL OF PURCHASING ATM MACHINE FOR CITY CENTER LOBBY (m) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. -NONE 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra J wise pot____ cy. ways oo ing towar t e uture, not monitoring past) 0 (a) PRESENTATION ON FORECLOSURE PREVENTION — HEARTLAND COMMUNITY ACTION Action — (a) DISCUSSION/UPDATE ON VACANT HOUSING ORDINANCE Action — (b) DESIGNATION OF COUNCIL REPRESENTATIVES TO HUTCHINSON COMMUNITY DEVELOPMENT CORPORATION BOARD (EDA) Action - 10. NEW BUSINESS (a) DISCUSSION OF NUISANCE HOUSING ORDINANCE Action — (b) CONSIDERATION FOR APPROVAL OF AUTHORIZATION TO AMEND 2009 BUDGET(S) TO FUND ASSISTANT FINANCE DIRECTOR POSITION FROM THE 2009 ENTERPRISE FUNDS OF CREEKSIDE /WATER/SE WER/REFUSE /LIQUOR Action — Motion to reject — Motion to approve (c) CONSIDERATION OF FILLING VACANCY ON THE MCLEOD COUNTY SOLID WASTE ADVISORY BOARD CITY COUNCIL AGENDA — JANUARY 13, 2009 Action — Motion to reject — Motion to approve (d) DISCUSSION OF COALITION OF GREATER MINNESOTA CITIES MEMBERSHIP — MAYOR COOK Action - 11, GOVERNANCE (Purpose: to assesspast organizational performance, develop policy that guides the organization and Council an manage the logistics of the Council. May include monitoring reports, po icy development and governance process items.) 12. MISCELLANEOUS 13. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 23, 2008 1. CALL TO ORDER — 5:30 P.M. Mayor Cook callec the meeting to order. Members present were Bill Arndt, Casey Stotts, Kay Peterson and Jim Haugen. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Rev. James Rainwater, Seventh Day Adventist Church, delivered the invocation. - ABSENT 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS Congrats were given to Kay Peterson and Casey Stotts on the end of their terms. Gary Plotz noted that the City would like to have a recognition event prior to the next Council meeting on January 13, 2009. Motion by Arndt, second by Cook, to set recognition event for 4:00 p.m. on January 13, 2009. Motion carried unanimously. 5. MINUTES (a) REGULAR MEETING OF DECEMBER 9, 2008 Motion by Haugen, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise ave een a egate to t e City Administrator. Traditionally, items are not discussed.) (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2008 2. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM NOVEMBER 3, 2008 3. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM NOVEMBER 18, 2008 4. HUTCHINSON AREA JOINT PLANNING BOARD MINUTES FROM NOVEMBER 19, 2008 5. HUTCHINSON PLANNING COMMISSION MINUTES FROM NOVEMBER 18, 2008 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13511 -A RESOLUTION SUPPORTING MAINTENANCE OF LOCAL TITLE AND REGISTRATION SERVICES 2. ORDINANCE NO. 08 -0520 — AN ORDINANCE AMENDING ORDINANCE NO. 07 -0464 ESTABLISHING THE PUBLIC ARTS COMMISSION (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS s�� CITY COUNCIL MINUTES— DECEMBER 23, 2008 1. CONSIDERATION OF AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATION FOR DEVELOPMENT OF A SENIOR HOUSING CAMPUS ON THE NORTHWEST CORNER OF AIRPORT ROAD AND JEFFERSON STREET SE AS REQUESTED BY HUTCHINSON AREA HEALTH CARE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13509) 2. CONSIDERATION OF VARIANCE TO ALLOW FRONT SETBACK LESS THAN 30 FEET FOR CONSTRUCTION OF AN OBSERVATION BUILDING AT THE WILDLIFE SANCTUARY LOCATED AT 700 LES KOUBA PARKWAY NW AS REQUSTED BY GOPHER CAMPFIRE CLUB WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13510) (d) CONSIDERATION FOR APPROVAL OF AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND CUSTOMER ELATION (e) CONSIDERATION FOR APPROVAL OF 2009 HUTCHINSON FIRE DEPARTMENT OFFICER APPOINTMENTS (f) CONSIDERATION FOR APPROVAL OF LEASE RENEWAL FOR SENIOR DINING FACILITY AT EVERGREEN SENIOR APARTMENTS (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(c)2 and 6(e) were pulled for further discussion. Motion by Arndt, second by Haugen, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(c)2 had further discussion. Rebecca Bowers, Planning/Zoning/Building Director, explained that a revised building plan has been submitted by the applicant. The revised plan includes putting the building on a slab -on -grade to order to remove a handicap ramp. The remaining items remain the same as the conditions outlined on the Planning Commission recommendation. The five -foot setback still remains. Motion by Arndt, second by Haugen, to approve Item 6(c)2. Motion carried unanimously. Item 6(e) had further discussion. Mayor Cook asked the Council's involvement in appointing the fire officers. Marc Sebora, City Attorney, noted that there is not a legal requirement I do so, however past practice has brought these appointments forth to the Council. Mayor Cook noted that staff should make the appointments here forward and the Council does not need to be involved. Motion by Haugen, second by Peterson, Stotts abstaining, to approve Item 6(e). Motion carried unanimously. 7. PUBLIC HEARINGS— 6:00 P.M. -NONE 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. ways oo ing toward thejuture, not monitoring past) Mayor Cook asked John Olson to speak about snow removal operations. John Olson, Public Works Manager, presented before the Council. Mr. Olson spoke about sanding and salting operations, as well as priority levels. Mr. Olson also spoke about results from an informal survey conducted of other cities' parking regulations related to snow removal. The Council asked citizens to assist the Public Works department by removing vehicles from the streets during snow removal operations. (a) RENTAL REGISTRATIONANSPECTION UPDATE— FIRE CHIEF BRAD EMANS 5 &)- CITY COUNCIL MINUTES— DECEMBER 23, 2008 Brad Emans, Fire Chief, presented before the Council. Chief Emans provided a report to the Council on the first year of the City's Rental Registration program. Chief Emans reported that 287 rental buildings have been registered, 120 buildings with common areas have been inspected and 1793 rental units have been inspected. 655 correction orders were written. These correction orders consist of such things as missing or not working smoke detectors, improperly vented dryers, accumulation of combustible waste materials and many other items. Chief Emans pointed out that several property owners had completed the inspection sheets prior to the inspections. Chief Emans provided data of correction order counts by the age of the structure. The department did not make any money on this project, but rather had a project loss of approximately $9900. All of the data presented was through December 4, 2008. Chief Emans provided a report to -date. These numbers include: 297 buildings registered, 1800 units inspected, 20 more units are scheduled to be inspected by December 31, 2008, two buildmgs/units are having a legal issue regarding registration and three additional buildings /units have been identified in the last five days. No units required more than two inspections. General discussion was held on locations of the rental properties. Gary Plotz, City Administrator, commended the fire department on completing the project by the end of the year. Mr. Plotz asked for Chief Emans' recommendation on how to proceed with the project, should the project proceed in 2009. Chief Emans noted that with current fire department operations, an accomplishable level would be to inspect 1/3 of the units each year. The Council noted that conducting 1/3 of the property inspections in 2009 seems appropriate. Chief Emans noted that decals were distributed when a property passed inspection and can be placed in a property window so tenants and others are aware that it is a safe place to reside. The Council suggested placing an ad in the newspaper noting the project so tenants can look for those properties that have been inspected. It was noted that if 1/3 of the properties are inspected in 2009, those properties that had the most correction orders will be inspected first. Chief Emans noted there were some issues of mold in properties, however, unfortunately, there is nothing in state building /tire /maintenance codes that address these issues. General discussion was held regarding the wording of the City's ordinance pertaining to the purpose of identifying life safety issues and not violating renter's /property owner's privacy. Marc Sebora, City Attorney, noted that he would review the City's ordinance and a Court decision handed down on a Red Wing Rental Registration Program case to see if any more protective language needs to be added. Motion by Peterson, second by Stotts, to continue with the Rental Registration Program and, if necessary, fine tune any language in the City's Rental Registration Program ordinance. Motion carried unanimously. Chief Emans noted that a local rental property owner, Brandon Fraser, worked very diligently on this program and with the chief on collecting and analyzing data. (b) DISUSSION/UPDATE ON VACANT HOUSING ORDINANCE Rebecca Bowers, Planning/Zonin Building Director, presented before the Council. Ms. Bowers reminded the Council that in November sta f was directed to begin researching a vacant housing ordinance. Jean Ward, Housing and Rehabilitation Authority Director, presented before the Council. Ms. Ward explained that the HRA has been monitoring foreclosures within the City of Hutchinson for the past year. Ms. Ward explained that the police department and the HRA receive a report from the McLeod County Sheriff's Office noting the foreclosed properties. The police department uses the report for patrolling purposes. There are currently 46 foreclosures in 2008 and 40 foreclosures in 2007. The HRA also maps the properties and have found that they are spread throughout the city, however more prevalent in the older s() CITY COUNCIL MINUTES —DECEMBER 13, 2008 neighborhoods. The HRA also monitors utility disconnects, of which there are currently 15 properties that are disconnected. Rebecca Bowers spoke about policy issues that need to be decided. Ms. Bowers provided a very informal survey that was conducted amongst other cities and how they handle vacant homes, mainly in the metro area. Policy questions that need to be discussed include timing of City involvement and proactiveness, City concern of vacancy vs. security as long as the property appears presentable, concern about exterior conditions vs. interior conditions, vacant registration, payment of services, etc. Mayor Cook asked that staff provide the Council with the policy questions and the Burnsville ordinance and have the item brought back to the January 13, 2009, Council meeting. General discussion was held on how far the City's involvement should be with vacant homes 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF 2008 -2009 GENERAL LIABILITY PROPERTY INSURANCE RENEWAL POLICY AND UPDATE BY A.J. GALLAGHER AND ASSOCIATES Jeremy Carter, Assistant Finance Director, presented before the Council. Mr. Carter introduced Tony Benton and Ann Stanton from A.J. Gallagher and Associates, the City's risk management representatives. Mr. Becker explained that the City's insurance carrier is the League of Minnesota Cities Trust. The renewal premium is at $385,868.30 which is down 5% from the previous year. Municipal property premiums went down with property value increases increasing 15% in values. Gary Plotz, City Administrator, asked if the LMCIT offers coverage for Fire Relief Associations. Ann Stanton noted that this coverage is included in the City's bond with Old Republic. Ms. Stanton recommended moving to coverage with the LMCIT which has a lower premium and automatically covers Fire Relief Associations. Mr. Plotz also asked if LMCIT covers liability for volunteers. Mr. Plotz clarified that a volunteer organization should name the City as an additional insured on their own policy and the City should maintain a disclaimer. The representatives noted that if a volunteer group wanted to perform maintenance on property, a lease /contract should be entered into with the City being named an additional insured. Ms. Stanton noted that the LMCIT does have a volunteer accident policy that is available for a $2000 premium. Marc Sebora reminded the Council on the City's immunity protection and pointed out that that should be considered with any other coverage. Motion by Stotts, second by Peterson, to approve 2008 -2009 liability property insurance renewal policy. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ADOPTING 2009 WATER FUND, WASTEWATER FUND, REFUSE FUND AND COMPOST FUND BUDGET (ADOPT RESOLUTION NO. 13512) Mayor Cook noted that this budget has previously been reviewed by the Council. Ken Merrill, Finance Director, presented before the Council. Mr. Merrill noted that the proposed Resolution identifies the fund budgets that had previously been reviewed by the Council. Mr. Me - reviewed the revenues projected in the water fund which include antenna rents, water sales, meter sales and connection charges. The proposed 2009 rates are built into the revenue numbers. Motion by Stotts, second by Peterson, to approve Resolution No. 13512, adopting the 2009 water fund, wastewater fund, refuse fund and compost fund budget. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13513 - A RESOLUTION REVISING 2009 FEE SCHEDULE (WATER/SEWER RATES) Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained the rates for water sales, ,5 (A)- CITY COUNCIL MINUTES — DECEMBER 23, 2008 wastewater base charge, usage and load charges. Motion by Stotts, second by Cook, to approve Resolution No. 13513, revising the 2009 fee schedule. Motion carried unanimously. (d) DISCUSSION OF STATE BUDGET ISSUE AND POSSIBLE EFFECTS ON HUTCHINSON Gary Plotz, City Administrator, noted that the Governor has handed down a 22% reduction to the 2008 December local government aid payment. This means that the City is realizing a $317,000 reduction to their payment. Mr. Plotz recommended that the City's financial consultant provide a report to the City on options available. Mr. Plotz noted that there is a reserve fund where funds may be made available, as well as capital outlay funds and bond funds that could be used to balance the 2008 budget. The City would like the financial consultant to advise on how these different measures may effect the City's bond rating. The City can make adjustments amongst various funds to make the budget balance until an opinion can be received from the City's financial advisor. In addition, even larger cuts in local government aid are expected in 2009, forecasted at $500,000 or more. Mr. Plotz asked of the Council how early decisions should be made on how to deal with these cuts. Mr. Plotz recommended meeting in January to start work on 2009 budget issues. Mayor Cook suggested holding a workshop on January 27, 2009, to discuss these issues. Mr. Plotz suggested placing a hold on any capital expenditures until after the workshop and more formal direction is decided. Motion by Haugen, second by Arndt, to set Council workshop for January 27, 2009, at 4:00 p.m. Motion carried unanimously. (e) CLOSED SESSION UNDER MINNESOTA STATUTE 13D.05, SUBD. 3(C) TO DISCUSS ACQUISITION OF PROPERTY DESCRIBED AS PART OF THE WEST HALF OF THE NORTHEAST QUARTER AND THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER, ALL IN SECTION 5, TOWNSHIP 116 NORTH, RANGE 29 WEST, MCLEOD COUNTY, MINNESOTA (HACKBARTH PROPERTY) Motion by Arndt, second by Peterson, to convene into closed session at 7:40 p.m. Motion carried unanimously. Motion by Stotts, second by Haugen, to reconvene open meeting at 8:07 p.m.. Motion carried unanimously Motion by Stotts, second by Haugen, to approve entering into Contract for Deed on the Hackbarth property carried as presented. Motion unanimously. Miles Seppelt, EDA Director, thanked the outgoing Council Members for their years of service. 11. GOVERNANCE ( Purpose: to assess past organizational performance, develop policy that guides the organization and ounci an manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) CITY OF HUTCHINSON FINANCIAL REPORT FOR NOVEMBER 2008 (b) CITY OF HUTCHINSON INVESTMENT REPORT FOR NOVEMBER 2008 No action required. 12. MISCELLANEOUS Gary Plotz — Mr. Plotz recognized that Ken Merrill, Finance Director of 31 years, is retiring effective December 31, 2008. Mr. Plotz provided many accolades to Ken over his years of service. An appreciation -5 (P)- CITY COUNCIL MINUTES — DECEMBER 23, 2008 event will be held on December 29, 2008, at the City Center from 3:00 — 5:30 p.m. Mr. Merrill provided words of thanks to staff and previous Councils. Motion by Amdt, second by Haugen, to set December 29, 2008, at 3:00 p.m. and January 9, 2009, at the American Legion as public meetings for Ken's retirement recognition events. Motion carried unanimously. All of the Council Members thanked Kay Peterson and Casey Stotts for their years of service to the Council. Bill Arndt — Motion by Arndt, second by Peterson, to prepare a Letter of Resolution to submit to the McLeod County Commissioners requesting them to hold the line on their budget and not provide any salary increases. Roll call vote was taken: Haugen — aye; Arndt — aye; Peterson — aye; Stotts — aye; Cook — nay. Motion carried 4 to 1. Kay Peterson — Council Member Peterson made final comments on her years of service to the City, which total 19 years. Casey Stotts — Council Member Stotts made final comments on his years of service to the City, which total 5 years. 13. ADJOURN Motion by Arndt, second by Cook to adjourn at 8:09 p.m. Motion carried unanimously. MINUTES HUTCHINSON CITY COUNCIL SPECIAL ORGANIZATIONAL MEETING FRIDAY, JANUARY 2,2009,12:00 P.M. 1. CALL TO ORDER —12:00 P.M. Mayor Cook called the meeting to order at 12:03 p.m. Members present were Bill Arndt, Jim Haugen, Eric Yost and Chad Czmowski. City Attorney, Marc Sebora, swore in the newly elected Mayor, Steve Cook, and Council Members Eric Yost and Chad Czmowski. 2. CONSENT AGENDA (a) RESOLUTIONS 1. RESOLUTION NO. 13514 — APPOINTING GARY PLOTZ AS CITY ADMINISTRATOR FOR 2009 2. RESOLUTION NO. 13515 — DESIGNATING OFFICIAL NEWSPAPER AS HUTCHINSON LEADER 3. RESOLUTION NO. 13516 — RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM WELLS FARGO BANK OF HUTCHINSON, MINNESOTA 4. RESOLUTION NO. 13517 — RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM CITIZENS BANK AND TRUST CO. OF HUTCHINSON, MINNESOTA 5. RESOLUTION NO. 13518 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM MIDCOUNTRY BANK OF HUTCHINSON, MINNESOTA 6. RESOLUTION NO. 13519 — RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST MINNESOTA BANK N.A. OF HUTCHINSON, MINNESOTA 7. RESOLUTION NO. 13520 — DESIGNATION OF DEPOSITORIES OF CITY FUNDS IN COMMERCIAL BANKS AND INSTITUTIONS (b) CONSIDERATION OF 2009 CITY CALENDAR Motion by Arndt, second by Czmowski, to approve Consent Agenda. Motion carried unanimously. 3. OLD BUSINESS 4. NEW BUSINESS (a) SELECTION OF COUNCIL'S VICE PRESIDENT — Bill Arndt Motion by Haugen, second by Yost, to ratify Mayor Cook's appointment of Bill Arndt as the Council's Vice President. Motion carried unanimously. (b) DESIGNATION OF COUNCIL REPRESENTATIVES TO BOARDS & COMMISSIONS: 1. AIRPORT COMMISSION — Steve Cook Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Steve Cook to the Airport Commission. Motion carried unanimously. 2. CREEKSIDE ADVISORY BOARD — Bill Arndt 5' Organizational Meeting Minutes — January 2, 2009 Motion by Czmowski, second by Cook, to ratify Mayor Cook's appointment of Bill Arndt to the Creekside Advisory Board. Motion carried unanimously. 3. HUTCHINSON COMMUNITY DEVELOPMENT CORPORATION BOARD (EDA) — Jim Haugen and Steve Cook Council Member Haugen recommended that Chad Czmowski serve on the EDA Board instead of Mayor Cook. Motion by Haugen, second by Arndt, to not ratify the mayor's appointment to the EDA Board. Council Member Yost asked for Council Member Haugen's reasoning to replace Czmowski with Steve Cook. Council Member Haugen noted that he is not planning on running for re- election in 2010 and the mayor had noted that he may not be either. Due to that, he feels that Chad Czmowski would be a good appointment to the EDA Board, along with his experience. Mayor Cook noted that he has not decided that he will not be seeking re- election in two years. He also noted that there are currently several business people sitting on the EDA Board. Mayor Cook noted his experience that he has had already in working with the EDA on various projects. Roll call vote: Haugen — aye; Arndt — aye; Yost — nay; Czmowski — aye; Cook — nay. Motion carried 3 to 2. Mayor Cook noted that he is not ready at this time to name another appointee, unless the considerations would be to have the mayor and Chad Czmowski appointed. Motion by Arndt, second by Yost, to table this item to the January 13, 2009, regularly scheduled City Council meeting. Motion carried unanimously. 4. HUTCHINSON HEALTH CARE BOARD — Eric Yost Motion by Haugen, second by Czmowski, to ratify Mayor Cook's appointment of Eric Yost to the Hutchinson Health Care Board. Motion carried unanimously. 5. HUTCHINSON HOUSING, INC. (HRA) — Bill Arndt Motion by Yost, second by Cook, to ratify Mayor Cook's appointment of Bill Arndt to the HRA Board. Motion carried unanimously. 6. JOINT PLANNING BOARD — Jim Haugen Motion by Arndt, second by Czmowski, to ratify Mayor Cook's appointment of Jim Haugen to the Joint Planning Board. Motion carried unanimously. 7. LIBRARY BOARD —Eric Yost Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Eric Yost to the Library Board. Motion carried unanimously. 8. MID - MINNESOTA COMMISSION — Bill Arndt Motion by Czmowski, second by Cook, to ratify Mayor Cook's appointment of Bill Arndt to the Mid - Minnesota Commission. Motion carried unanimously. 9. PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD — Chad Czmowski Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Chad Czmowski to the Parks, Recreation, Community Education Board. Motion carried unanimously. 10. PLANNING COMMISSION — Chad Czmowski 5 1` J\ Organizational Meeting Minutes — January 2, 2009 Motion by Haugen, second by Yost, to ratify Mayor Cook's appointment of Chad Czmowski to the Planning Commission. Motion carried unanimously. 1 1. PUBLIC ARTS COMMISSION — Jim Haugen Motion by Arndt, second by Cook, to ratify Mayor Cook's appointment of Jim Haugen to the Public Arts Commission. Motion carried unanimously. 12. TREE BOARD — Steve Cook Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Steve Cook to the Tree Board. Motion carried unanimously. 13. UTILITY COMMISSION — Steve Cook Mayor Cook noted that there is no appointment available. There were discrepancies between the RUC's records and the City's records in term limits. Craig Lenz will be reappointed to the HUC at the next Council meeting. 14. HUTCHINSON SAFETY COUNCIL — Bill Arndt Motion by Yost, second by Haugen, to ratify Mayor Cook's appointment of Bill Arndt to the Hutchinson Safety Council. Motion carried unanimously. (c) DESIGNATION OF COUNCIL REPRESENTATIVES TO OTHER COMMITTEES; I. HUTCHINSONDOWNTOWNASSOCIATION — ChadCzmowski Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Chad Czmowski to the Hutchinson Downtown Association. Motion carried unanimously. 2. FIRE RELIEF ASSOCIATION — Fire Chief Brad Emans, Finance Director Jeremy Carter, Mayor Steve Cook Motion by Arndt, second by Haugen, to ratify Mayor Cook's appointment of Fire Chief Brad Emans, Finance Director Jeremy Carter and Mayor Steve Cook to the Fire Relief Association. Motion carried unanimously. 3. FACILITY & INFRASTRUCTURE (RESOURCE ALLOCATION) — Bill Arndt & Steve Cook Motion by Yost, second by Cook, to ratify Mayor Cook's appointment of Bill Arndt and Steve Cook to the Resource Allocation Committee. Motion carried unanimously. 4. WAGE COMMITTEE — Jim Haugen and Eric Yost Motion by Arndt, second by Cook, to ratify Mayor Cook's appointment of Jim Haugen and Eric Yost to the Wage Committee. Motion carried unanimously. (d) DISCUSSION OF SNOW PLOWING POLICY Mayor Cook asked how snow plowing activities are limited due to budget constraints. John Olson, Public Works Manager, noted that materials have been significantly reduced, by almost 40 %. Another cost- saving measure is to reduce premium overtime. A third reduction is the number of personnel utilized for snow removal. Mr. Olson also provided a report on sidewalk/trail snow removal operations. Mr, Olson further noted that there are basically two ways to remove snow, those are plowing and melting. Melting requires salt however and the price of salt has doubled in the last five years. Future operations include more plowing than chemical use. 5C6) Organizational Meeting Minutes — January 2, 2009 Mayor Cook asked if it is best to wait for the snow to stop falling before operations begin. Mr. Olson explained that during a typical snow fall, plowing begins during the day and then ceased until about 1:00 a.m. the following morning. Council Member Yost asked about the cost of replacing blades vs. salt materials. He also noted that he has been in communities where sand drums are placed strategically where residents can spread sand in areas where a plow driver may have missed. Mayor Cook also asked about plowing curb to curb. Mr. Olson explained that that is to the benefit of the freeze/thaw cycle. (e) DISCUSSION OF STATE BUDGET SHORTFALL AND LOCAL BUDGET IMPACT Mayor Cook noted that he would like to see the City come in with a balanced budget and not a deficit in 2008. City Administrator noted that a $317,000 unallotment from the State will be seen in 2008. Mr. Plotz noted that Steve Apfelbacher from Ehlers & Associates will come and meet with the Council to discuss the differences in how to handle the unallotment. Mr. Plotz will ask Mr. Apfelbacher to attend the workshop scheduled for January 27, 2009. For the year 2009, it appears that a cut in local government aid will be seen. In comparing the LGA cut in 2003, a cut in 2009 may be even more substantial. The cut could potentially be in the range of $500,000 - $1,000,000. The Council put in place a freeze on wages and performance pay increases which will see a savings of $394,000. Mayor Cook expressed that he feels the Council should give the staff the authority to start planning and acting on what is necessary in consideration of this cut in funding. Mayor Cook suggested staff start planning for a $500,000 reduction and work up from there to the $1,000,000 mark. (f) BRIEF OVERVIEW OF COUNCIL MEMBER RESPONSIBILITIES — MARC SEBORA, CITY ATTORNEY Marc Sebora, City Attorney, provided an overview on the open meeting law, data practices, and conflicts of interest. Mr. Sebora reminded the Council of a session the Leader is sponsoring on the Open Meeting Law happening on January 16'". Motion by Arndt, second by Yost, to set January 16, 2009, at 8:30 a.m. as an open meeting for Council Members to attend the session being sponsored by the Hutchinson Leader. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF SETTING DATE FOR POLICY GOVERNANCE WORKSHOP ON ENDS POLICIES Motion by Arndt, second by Haugen, to set January 15, 2009, from 4:00 — 7:00 p.m. for Policy Governance workshop to review /discuss ends policies. (h) CONSIDERATION FOR APPROVAL OF SETTING JOINT MEETING WITH HUTCHINSON UTILITIES COMMISSION Motion by Yost, second by Cook, to set January 29, 2009, at 4:00 p.m. as a joint meeting with HUC. Motion carried unanimously. (i) ADJOURNMENT Motion by Amdt, second by Cook, to adjourn at 1:30 p.m. Motion carried unanimously. 5(' b) MOTOR VEHICLE MONTHLY SUMMARY For the Month of: November 2008 Net Revenue: Payroll Hours: Net Revenue per hours worked: Profits YTD: % Profit Margin YTD: Comments: 2007 2008 $ 15,322.90 $ 15,418.45 629.07 559.98 24.35 27.53 14,957.03 16,373.64 7% 7% Hutchinson Public Library Board Minutes Monday, October 27, 2008 Members Present: John Paulsen, Roger Vacek, Yvonne Johnson, Abby Dahlquist, Janet Vacek, and Mary Henke, Ex- Officio. Members Absent: Kay Peterson and Guy Stone. John called the meeting to order. A motion was made by Roger and seconded by Abby to approve the minutes of the last meeting as submitted. Report: Bev Wangerin, McLeod County Commissioner, announced that the 4% library increase, as requested, will be awarded for FY'09. Funding for the library comes from the City of Hutchinson and McLeod County. The State of MN also funds the Moneerlond Library System which also benefits the Hutchinson Public Library. Bev, the McLeod County representative to the PLS Finance /Executive Board, also reported a tentative settlement with the union for a 3% increase and a significant cost increase for health insurance. Mary had budgeted for a 3% increase, but will need to budget more to cover the insurance increase. Mary is the only employee at HPL who receives insurance benefits. A discussion was held concerning the cost of computer replacement in FY '10. The cost will be approximately $ 1000 for each computer (14) plus anew printer. More money would enable the purchase of additional computers. The Friends of the Library and other sponsors are pursuing the effort for this funding. Old Business: 1. Senior Tour of Library on October 8 and Survey The tour went well with 14 attending. Mary reported on the results of the survey questions: Needs, interests, and challenges. To gather more data, May will distribute the some survey to residents of senior facilities and also wig give a brief presentation about the library. Roger suggested (and volunteered) to take pictures of the interior of the Ibray to bring along to presentations. We should consider doing a senior tour of the library each fall. 2. Fag Forum "Minnovation" Program on October 23 The library board members thought the prog ram was good. Although attendance was not large, those that were there were very interested in the presentation. Scott Olson was very animated with several people visiting with him after the presentation. Additionally, Andy Wilhide was on excellent presenter and gave examples and information about "Minnovations ". 3. WAam Kent Krueger to visit on Aonl 14 2009 for National Library Week Mary reported that Mr. Krueger does the presentations as a public service and charges a nominal fee. New Business: 1. Adylt Winter Reading Program from January 5 - March 15 2009 The adult reading program, "Discover a Real Treasure- READ ", similar to the summer children's reading program, has been provided for S+ years. The Friends of the Library helps sponsor it with donations from 3M and other organizations. 2. Mary distributed the Hutchinson Public Library 2007 profile with rankings compared with other libraries within Ploneeriand with much of the data based coming from the State of Minnesota report. Janet made the motion that the meeting be adjourned with Roger seconding. Meeting adjourned. The next meeting will be Monday, November 24, 2008 @ 4:30 p.m. Respectfully submitted, Yvonne Meyer Johnson, Co-Secretary r.. t To: Mayor and City Council Members From: Brad Emans, Fire Chief Date: 01/01/09 Re: Monthly Update on Activities of the Fire Department Fire Department Response: The fire department responded to 50 calls for service in the month of December. Fire Officer Only Response: A "fire officer only" responded to 25 calls in December, saving the Hutchinson Fire District the cost of a "general' alarm estimated at $4,200.00 and more importantly, it kept our firefighters on their full time job or at home with their families an additional 375 hours! Response Time (First Emergency Vehicle Out of the Door): December — 4 minutes 42 seconds Example of a few of the calls: • The FD responded to a call in the southwest part of the city when a contractor knocked off a sprinkler head at one of our commercial buildings; • The FD responded to a residential house fire in the central part of the city, the cause was determined to be an electrical malfunction due to improper use of an extension cord; • The FD responded to a water flow alarm from a sprinkler activating at one of our major employers, the cause was a broken sprinkler pipe due to freezing; • The FD responded mutual aid to the Dassel FD on a house fire southwest of Dassel; • The FD responded to t residential house fire in the northeast part of the city, the cause of the fire was grease fire in the kitchen; • The FD responded to a commercialfresidential garage and workshop fire in the northwest part of the city, the cause of the fire is still under investigation; • The FD responded to a water flow alarm at one of our senior assisted care facilities in the northwest part of the city when a sprinkler pipe froze and broke; • The FD responded to a water flow alarm in a restaurant in the southeast part of the city when a sprinkler head was struck by an employee moving beverages; � Breakdown of the Calls for the Month: City: Residential 5 Commercial/Industrial 10 Multi- family 8 School 0 Carbon Monoxide 9 Hazardous Material 6 Vehicle 1 Rescue 0 Medical 2 Grass 1 Sky -Wam 0 Good Will 0 Mutual Aid 0 Rural: Structure Fires 3 Arson 0 Rescue 1 Grass Type 0 Medical 2 Residential 0 Farm Building 0 Hazardous Material 2 Carbon Monoxide 2 Vehicle 0 CommerciaVlndustrial 0 Good Will 0 Mutual Aid 1 Structure Fires 0 Arson 0 Training: • The FD conducted its first "History" of the fire service class for the firefighters, with the idea that we will not know where we are going 4 we do not know where we have been; • The FD conducted its first "Pride, Honor, and Integrity" class for the firefighters; • The FD conducted a two hour crash injury management medical training for the firefighters; • The FD toured 3 new businesses in the community for pre -plan information; • The FD officers trained on the national fire incident reporting system; • The FD officers held the annual yearly planning meeting in preparation for 2009. Fire Prevention I Public Relations: • The FD conducted a general safety class for the employees of several of our home for challenged people with a focus of fire evacuation; • The FD conducted a station tour for a Cub Soout group; • Several firefighters and police officers took 32 disadvantaged children shopping for Christmas presents at one of our large retail stores. Other Information: • Rental Registration Update: We have 297 rental buildings registered, and 1811 units inspected as of December 31. The program has exceeded our expectations with regard to assuring that our apartments meet the minimum life safety code; • The FD responded to 413 calls for service in 2008. One must remember that when a citizen picks up the phone and dials 911, it is without a doubt one of the most important phones they will make in their lifetime, and we must respond in a fast, professional manner in an effort to make somebody's worst day better. e Page 2 (P (P)3 MEMORANDUM Date: December 30, 2008 To: Honorable Mayor & City Council From: Miles R. Seppelt EDA Director RE: Industrial Park Infrastructure Grant Now that the Hackbarth parcel has been acquired for new industrial park development, I am in the process of writing a grant proposal to DEED to see if we can obtain $250,000 to assist with the installation of utilities. One of the requirements of the grant application is a City Council resolution indicating that the City will be the legal sponsor of the project, giving permission to apply for the grant and enter into a grant agreement, and committing to provide a local match for the grant. A copy of the resolution is ATTACHED for your review. My goal is to submit the grant application to the state as soon as possible, so I am requesting city council action on this resolution during the January 2nd organizational meeting, if possible. If you have any questions or need additional information, please give me a call at (320) 234 -4223 at any time. Thank you for your time and consideration. lD lk ) RESOLUTION # 13523 LOCAL GOVERNMENT RESOLUTION BUSINESS DEVELOPMENT INFRASTRUCTURE APPLICATION BE IT RESOLVED that the City of Hutchinson act as the legal sponsor for project contained in the Business Development Infrastructure Application to be submitted on January 9, 2009 and that Gary Plotz, City Administrator, and Miles R. Seppelt, Economic Development Director, are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Hutchinson. BE IT FURTHER RESOLVED that the City of Hutchinson has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Hutchinson has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Hutchinson may enter into an agreement with the State of Minnesota for the above - referenced project, and that it will comply with all applicable laws and regulations as stated in all contract agreements. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Hutchinson will commit at least $1,500,000 towards the local match requirement. The City of Hutchinson certifies that it will comply with all applicable laws, regulations, and rules of the Business Development Infrastructure Application. NOW, THEREFORE BE IT RESOLVED that Gary Plotz, City Administrator, and Miles R. Seppelt, Economic Development Director, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Hutchinson on January 2, 2009. ATTEST: Steven W. Cook Gary D. Plotz Mayor City Administrator RESOLUTION NO. 13524 REVISING 2009 FEE SCHEDULE WHEREAS, the City of Hutchinson is empowered by previously passed ordinances to impose fees for services, and WHEREAS, based upon the recommendation of costs for providing the services for various city departments NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT THE FOLLOWING FEE SCHEDULE IS REVISED AND THAT THIS FEE SCHEDULE REPLACES ANY FEE SCHEDULE PREVIOUSLY APPROVED BY THE HUTCHINSON CITY COUNCIL: 2.15(m) 2009 Plumbing Permit Water Meter Fee Schedule (delete) *2.15(o) 2009 Public Works Rates 2.15(p) 2009 Bulk Water Purchase Fee Schedule (delete) 2.15(q) 2009 Water Turn-on Fee Schedule (delete) *Fee schedule attached (plumbing permit water fee schedule, bulk water purchase fee schedule and water turn -on fee schedule have been incorporated into public works rates) Adopted by the City Council this 130' day of January, 2009. Steven W. Cook, Mayor ATTEST: Gary D. Plotz, City Administrator 4 C�� City of Hutchinson 2.15(m) 2009 Plumbling Permit Water Meter Fee Schedule size fee Amount r _. 28@f Fes' 207 few 3/4" X 5/8" $125.00 $125.00 $120.00 1" $210.00 $210.00 $205.00 11/2" $445.00 $445.00 $435.00 2" $575.00 $575.00 2" Compound C2 $1,500.00 $1,557.00 $1,445.00 2" Turbo T2 $915.00 $853.00 $745.00 3" Compound C2 $1,700.00 $2,080.00 $1,925.00 3" Turbo T2 $1,200.00 $1,167.00 $1,063.00 4" Compound C2 $2,800.00 $3,226.00 $2,960.00 4" Turbo T2 $2,250.00 $2,313.00 $2,140.00 6" Compound C2 $4,900.00 Call for pricing $5,300.00 6" Turbo T2 $3,900.00 Call for pricing $3,350.00 * All meters provided with connections or flanges. * Water Department staff will approve / disapprove, or require the application of turbo or compound meters * All irrigation meters required to use T2 meter. C.� H Fraca. Pohcy 2.22(a)(3) City of Hutchinson, MN 2.15(0) Approved by City Connor I / Protect Administration Preernmery development- T% 1.0% 1,0% total cost W. 0.096 Review of sde and grading plans and/or plans and Design rBwIBW' 2.0% 3.0% 3.0% caret bos<esl. 0.0% spBCRMationa prepared by developer, or pre- 1.5% is% total cost est. 0.0% IS system ve i M data e�iupdates, ews Tech' services engineering at remnstrubtion Plans. Final design 6.0% 60% total Cost est. o.p% C t W complete plans and sperArations m- fl move which protects will be completed bgllzmg municipal financing based on guidelines approved sg program xppMnp rsainang Incfudes on-sse and off -site services. Prware Construction review, and staking b ore C' Council. 6.0% 6.0% total cost eel. 0,0% deveopers must provide survey oresol and may 1.0% 1.0% trial boat eat. 0.0% snows sin ree on Projects ft Palo meeting HRA bompbre this work with a Mmud ant approved by ra goals. Not applied M recenatructlon a Trunk r trunk Protect Administration Preernmery development- T% 1.0% 1,0% total cost W. 0.096 Plan rwiew and development, subdivision and/or dBVB sonsamern. ass, Contract administration 2.0% 2 0% total coat eat 0.0% Assessment roll preparation, MN Statute 429 regrew d writ z administration and review. Comprehensive planning' 1.5% 1.5% total cost est. 0.0% IS system ve i M data e�iupdates, ews Tech' services 1.5% 1.5% hdal con ssl. 0.0% ver For teat services bompieted by Coy, trial coal est. 0.0% move which protects will be completed bgllzmg municipal financing based on guidelines approved sg program xppMnp rsainang b ore C' Council. needs within HRA Board my Housing needs fund' 1.0% 1.0% trial boat eat. 0.0% snows sin ree on Projects ft Palo meeting HRA ra goals. Not applied M recenatructlon a Trunk r trunk FinancelLeaaffiscal Financial aBN100S 3% 1.0% 10%1 total m81 Bet 1 0.0%18m admmisaww,mpertyassessmentiinpw Legal SBrvICB3' 1.0% 10%1 101Bl oral ea6 0.096 Tme reviax, devebpmenUSrbdivisun agreement development arM review, b ndlfi.l rwvww. Flspal 1.0% 1.0% Idol rose eat. 0.0% Capitalised interest Tne City retains M right to 00194190 a consultant tot Complete a poison of the Engiasevi and PmCyed Admimsnatron. Thor devevopw shalt news the prekmi and anal plataPPmimOm st ask oommenprg on fine /deapn. Finam isgmbra tsofth, City cost- be mequimW norimppvented bad9 oomnPheted by Private tlesebpers. TM developer shag nMN W d0spn atenrtards aril hmwnaal surety requremenh arfhe Cify 6 RedevelopmentlNewly Mnexed 24.0% 24,0% local cost M. 0.0% Redevelopment and newly annesed (doss rM widude Housing Needs Fund') Standard City Rate asterisk M Projects ublunng more City aarviws Rate Minimum Rare 7.0% 7.0% trial cost eat. New dsvdppmed The CM relairie the right m will be charged bared on raise noted above. New Development 25.0% 25.0% trial coal est. 0.0% move which protects will be completed bgllzmg municipal financing based on guidelines approved b ore C' Council. Tne City retains M right to 00194190 a consultant tot Complete a poison of the Engiasevi and PmCyed Admimsnatron. Thor devevopw shalt news the prekmi and anal plataPPmimOm st ask oommenprg on fine /deapn. Finam isgmbra tsofth, City cost- be mequimW norimppvented bad9 oomnPheted by Private tlesebpers. TM developer shag nMN W d0spn atenrtards aril hmwnaal surety requremenh arfhe Cify 6 mmium rate including e Developer Designed 8 Financed asterisk M Projects ublunng more City aarviws Rate Minimum Rare 7.0% 7.0% trial cost eat. 0.096 will be charged bared on raise noted above. Hutchvnon HRA may waive this 1% Housing Needs Fund fee based on knvammme Musing balrob ii�ugwd in the oral Tne City retains M right to 00194190 a consultant tot Complete a poison of the Engiasevi and PmCyed Admimsnatron. Thor devevopw shalt news the prekmi and anal plataPPmimOm st ask oommenprg on fine /deapn. Finam isgmbra tsofth, City cost- be mequimW norimppvented bad9 oomnPheted by Private tlesebpers. TM developer shag nMN W d0spn atenrtards aril hmwnaal surety requremenh arfhe Cify 6 WATER RATES Come brm arch Awym incuded Triad ftwombuctiot S 135M 2106 ZIP i[MW Pmmrmw I�w$d $ 6.50 55.00 5... 9.1 PersteBlMBa .. 3.3 % riiat,655, atroarriap +S %race adjum"hi SAC ($elder Availability Charge) $ 1 815.00 $ 1,965.00 SAC Unit 8.3% (through 2011 to meet idantifled hale daflciency) 20.00 S 30,E "' 1F 5o. Per Staff review 4.1% am oma S 2.950.00 3 errt3i. 1. Per owfweew . per morph 3 3% inflationary adjuslment+5% rate aQustment WAC (Water Availability Charge) $ 1,380 W $ 1,49500 WAC Unit 83% (through 2011 to meet ldenbfred rata detipericy) S 1.400.00 S 1,425AC each 1. Parnaarenow . � Last than Assessment Search $' 2500 $ 30.00 Each 20.0% Inaaased hom 52 in 2W5. Consider adjuStmem $ 2.75 per mom; 22.2% l 33.00)1 Par mWilied'09 hales. Lee charge ,V'Corhpound in 007. Last onarbill WATER RATES Come brm arch Awym incuded Triad ftwombuctiot S 135M $ woo $... cF. :.. 0. Pmmrmw Per water meter $ 6.50 55.00 5... 9.1 PersteBlMBa .. $ 42,80 S lF 5 Per still revtae .a Z' 20.00 S 30,E "' 1F 5o. Per Staff review 4.1% Par rate review- Earth Tech (09"$3.2 , - 53.50; S 2.950.00 3 errt3i. 1. Per owfweew . per morph 15 4% 10= $3.75) I Par modihed'09 rates. Last change ndr. 1. P4r aeReade" WMerWOW LOWal "Emstilg mq.vsyF�s9aptcpeVed S 1.400.00 S 1,425AC each 1. Parnaarenow . � myvaypsq iGpgjafA': S 2,100.00 S 2.135.00 each 1. Partisan lie , WATER RATES WATER METER FEES V4" and $18" Come brm arch Awym incuded $ 128.00 S 135M each 58% Per rate review - Earth Tech (W-11,650, - 75, Base Charge Per water meter $ 6.50 $ 7.00 per month 7.7% 10= 57.00) r Per modihed'09 nabs. Lest charge 1 -1/2" $ 460.00 3 4✓0.Wi each 43% .a Z' $ 610.00 S BTB each 4.1% Par rate review- Earth Tech (09"$3.2 , - 53.50; 2" Corn pound To 150,000 gallons per more; S 3.25 $ 3.75 per morph 15 4% 10= $3.75) I Par modihed'09 rates. Last change 2" Turbo oisavom or require of $ 79500 $ 91500 each 151% Per nags iew Usage (Residential, Retail, turbo m corn meters. $ 2,050.00 S 21wAD each 4.9% Par rate m.- Earth Tech (08= $2.25: 09= 32.50, Commercial, Industrial) 151,000 b 3,000,000 galore per month S 2.25 $ 2.75 per mom; 22.2% l 33.00)1 Par mWilied'09 hales. Lee charge ,V'Corhpound $ 3,150,00 3 3 each 3.2 %Per ba 4" Turbo S 2.290,00 2 .00.. each 4.8% Par raw review- Earth Tech (0841 75, .00 6 "Com nd Over 3,000,000 gallons Per march $ 1.75 3 2.25 per morph 28.6% 10 =32 50) r Per modified'09 rates. Lan diahge 6" Turbo S 3,57500 ¢ S 9-.00- each Per star review Bulk water Depoap for kw rental $ 45.00 S 45.001 each D.o% Par ateff rev. Key rental fee (Month or Partial month $ 45.00 $ 45.00 per morn 0.0% Pm stall review Lost key One year charge $ 48000 $ 540.00 each 12.5% Par staff review Per load (South Park loaded by City stafn $ 2000 $ 20.00 each 0.0% Per staff review Per load 2 batl/da Y, Hydrant fills $ 20.00 $ 20.00 per 2 loedelday 00% Par staff review Reconnect delinquent accounts $ 3000 $ 30.00 each 0.0% Per elan review Reconnect after hours, weekends, holiday $ 45.00 S 70AD: each 55.6% Par staff review POa (Ore $ - 3 18.00 ". -.each WA Par Staff rewaw WATER METER FEES V4" and $18" Come brm arch Awym incuded $ 128.00 S 135M each 58% Per staff revbw 1" $ 215.00 $ each 4.7% Par staff review 1 -1/2" $ 460.00 3 4✓0.Wi each 43% Pat staff rani*- Z' $ 610.00 S BTB each 4.1% Perm~ 2" Corn pound Water departinterri Stan will OPProrriE, or $ 1,545.00 3 1,w0 - each 3.6% Par staff m- 2" Turbo oisavom or require of $ 79500 $ 91500 each 151% Per nags iew 3" ComPound turbo m corn meters. $ 2,050.00 S 21wAD each 4.9% Par nab ravlew 3" Turbo $ 1,130.00 S 1 :00 each 6.2% Par staff review ,V'Corhpound $ 3,150,00 3 3 each 3.2 %Per Stelf review 4" Turbo S 2.290,00 2 .00.. each 4.8% Per staff revs 6 "Com nd S 5,675,00 S 890Qw: each 00 %Par Stan review 6" Turbo S 3,57500 ¢ S 9-.00- each Per star review O� V vn 1. Golf Course, Park, S 30,01on c irwr S 20.12 $ 3.22 $ 336 pmh der rate revew - Donahue 108 = 54.30, 09= $4.40) Base charge (CATEGORY A g ) Per amrwmron E 4.30 E 6 10 pw month 41.8% 1Per rtad4gd'09 rare awd Last 'Off 4.4% Pw star my 3. PublialPdvate SChool & InstMAlonal S 12.49 S 13.02 ash Per rate review - Donahue toff = 54.40. D) Usage (CATEGORY A) Based upon January water usage $ 4.40 $ 5.55 per mash 26.1% e'08 Per modpied'W stud Last cha 'M Pe, staff review 5. Commercial & Industdal Na $ 31.75 S 33.10 nonm tae IOB- -E430: 09 °x.'10) Base charge (CATEGORY B) Pw conrectwn $ 4.30 $ 510 Per mentn 41.8% z modirwd'O8 rat Usage (CATEGORY B) Based upon January wale,... $ 440 E 548 per -a- o 24.5% Per rata rwww - Donetu+e 108-34.40' 0 35 Uo) Pw mPddwd'09 rate Last 'Off Load cha es 28. Lots 2 to 3 acres $ 7.50 S 7.82 apn 4.3% Biochemical Oxygen Demand GraaW own 140 mg11 $ 040 S 0.43 perpound 7.5% Per rate review- Dawhue(08=30.40: 09= 50.43) BOD 20. Lots 4 to 5 acres S 13.90 S 14.49 or h Par mWd d'09 rate stud,. Last tlwrWe'08 Par rate review - Donahue (08=51 ,07; 09 51.16) Kleda Nitrogen (TKN) Total hl Nit Greater then 50 m 8n $ 1,07 3 1. f6 per pound 8.4% Per moddwd'09 rmes Last 'Off Suspended Solids Grealw than 310 m94 Is 036 $ 040 .per pound 11.1% Pw rMe nw 0 - raDawhue (W-S0 .36; 09 =50.40) study Pw r w-Donahue (� �.w ) Phosphorous (P) Gr"w Bwn 6 mgrs S 682 $ 582 per pa4M N Per malirwd'W rate .Last 'Off nood duv vn 1. Golf Course, Park, S 30,01on c irwr S 20.12 $ 3.22 $ 336 pmh 4.3% Per staff rawew 2. Single &Two -Farm Residenial $ 29.021 $ 29,021 $ 2.48 S 2.59 preh 4.4% Pw star my 3. PublialPdvate SChool & InstMAlonal S 12.49 S 13.02 ash 4.2% Per start review 4. MulB -Farm Residential & Church mush $ 17.75 S 18.50 omh 4.2% Pe, staff review 5. Commercial & Industdal Na $ 31.75 S 33.10 nonm 4.3% Per auff revew .4.30 98.. 2A Lots 1 to 2 acres $ $ 448 wph 4.2% Pw Stan nft w 28. Lots 2 to 3 acres $ 7.50 S 7.82 apn 4.3% Par start review' 2C. Lots 3 to 4 acres S 10.70 S 1115 aM1 4.2% Pw staff review 20. Lots 4 to 5 acres S 13.90 S 14.49 or h 4.2% Pw staff review 2E. Lofs over 5 scree eeB Resolution f 1637 See Resolution x11637 aph Na GARBAGE RATES alWn container 30,01on c irwr S 20.12 S 20.12 mraM Na Pw Sub revise albs container porn ooNartwr $ 29.021 $ 29,021 morph Na start rwiaw 90 -gallon $ 2.5011 14 39.92 1 $ 39.92 moms Na Pw elan eview • 30 anon container 30,01on c irwr 27.95 $ 28.46 1 morph Na Pw sub revive 60 anon cMtairler porn ooNartwr $ 36.85 S 3736 morph Na Pw ataR revew 90-gallon coma(rher $ 2.5011 47.75 S 4826 maim Na Pw staff review .r 1 me Guru Bi eeldv standard San")$ 30,01on c irwr $ 14.16 8 14.16 month nle Per #a8 e" I Bi -vreekl valet 8arvice khw into porn ooNartwr $ 18.79 $ 19.79 moNn Na Pw afaff revew Senior reduced ran@ low Income $ 2.5011 2 50 morph Na Pw euff review 2ken Senior dozen educed valet $ 9.97 $ 10.64 mush Na Pw atalF ravgw Senior citizen reduced bi valet $ 8.23 $ 6.67 mamh Na Pw start review Flush marker grave s ce $ 55000 $ 550.00 Per gra" 00% Upright memorial grave s ce $ 650.00 $ 55000 per w spa. 00% Second right of interment $ 350.00 $ 350.00 per grave space O D% Baby section grew space S 115.00 $ 115.00 per gra" Flush marker cremation grave s ce $ 350.00 $ 350.00 pw gnaw space 0.0% Upright memorial cremation grave s $ 650.00 $ 850.00 Par grave P. 0.0% Cremation grew s S 3500D $ 350.00 per graw spami 0.0% Columbarium Niches Unit G- (Upper 3 rows S 1,250 -00 S 1,250.00 pw niche 0.0% Unit G - Lower2 rows S 1,10000 S 1,100.00 par niche 0.0% Unh E - (Upper 3 rows S 1,40000 $ 1,400.00 iiernictie 00%j Unit E- Lower2 rows $ 1,100.00 $ 1,100.00 per nidw 0.0% Replacement Bronze Plague $ 300.00 $ 300.00 earn 0.0% Weekday interment $ 550.00 S 650.00 Par intennenl 0.0% Weekend/Hohda interment $ 800.00 $ 800.00 Par kaermenl 0.0% Winter weekday intemtent $ 750.00 $ 750.00 Par imemlrra 0.0% Winter weekeldRldida interment $ 900.00 $ 900.00 mmrmem 0.0% Weekday Baby $ 250.00 $ 250.00 Per kaemiwl 0,0% WeekendlKohday Baby interment 1 $ 400.00 S 400.00 Par imemlwe 0.0% Winter weekday Baby interment 1 $ 350.00 $ 350.00 per Interment o.0% Winter weekend/holiday Baby interment $ 500.00 $ 500.00 per Interment 00% Weekday cremation interment 1 S 300.00 $ 300.00 1 per imemiBre 0.0% Vdaakend/Holiday cremation interment $ 450.00 $ 450.00 w intarmem 0.0% Winter weekday cremation interment $ 400.00 $ 400.00 Per interment 0.0% Wiener weekenciftholiday cremation interment $ 550.00 $ 550.00 P. intwmwa 0.0% Vaulted cremains additional charge) $ 200.00 $ 200.00 as mquired 0.0% May Include isrtp andfor u i,wi vns Late charges funerals arrive after 4 $ 11500 S 115.00 as uked 0.0% Disinterment $ 1,150.00 $ 1,150.00 per diainimiam 0.0% No weekend, holiday. wiener disinterment allowed Holding vault tee S 115.00 $ 115.00 u uind 0.0% Free k anrrnwnl at Oakland Cemetery State satfing perinit $ 50.00 $ 50.00 Par memonal 00% Gemetery deed transfer S 15.00 $ 15.00 as reciuved 00% Chapel rental r 1/2 day) S 20000 9 200.00 as r ked 0.0% Chapel use M. I ver. I wrty c vw, pw hold wuk Nialaa cart Memorial Bench Program S- la brr $ 500.00 $ 500.00 each 0.0% Memorial Bench Program Doubla li a $ 800.00 $ 600.00 earn 0.0% Memorial Bench Program ErVav rbmwaeta $ 250.00 S 250.00 090% Commemorative Ketch P ram No memorial on berth; laced Cart S 2,000.00 $ 2;000.00 eadi 0.0% Prices START M $2,0D0; actual price may ba Commemorative Bench P rem Record fee $ 50.00 $ 50.00 each 0 0% Far knee nol aduslly mlerreci (acaitered el ei Affidavit of Ownershil Clam of awnereyi p by decent of tote S 40.00 S 50.00 eam 25.0% s Maintenance Ranger Shop 5 1,200.00 $ 1,25000 Wannum 4.2% Par P80 rvnbad none l schedulacl fa 2007. City-owned hangers (Hangars #118 -1118 $ 36.75 $ 38.50 pw mo. tenant 4.8% S5 Par month for nonresidence Cit -0vrned ha em Han m #2/1 -2l8 3 63.00 $ 66.00 r mo. temvit 4.8% Add 310 per monM la non- resitlenrs Ci -Owned ha IS Ha m ti.312-4; 6-8 5 105.00 $ 11000 pw mo. (twont ) 4.8% IMU $10 per ma n Tor na+-re KWO City4y hanCers (Hangars #3/1 & 315 $ 183075 $ 193.00 Per mo. tenant 5.0% 1A $10 Per monm for name nts Cityowned hangars (Han gam #411-4/8 S 105.00 5 110.00 per mo. (wenti 4.8% Add $10 par mor th fm nonresidents City-awned storage ces (Hangar #3 n1a we marsh Space M wl x31183/5 City-owned storage (Ha roar W 40.00 $ 40.00 r mash 0.0% Hemalnkg 2 stale in Hangar 4 Privately-owned hangar spates General Aviation $ 0.0315 S 00315 per sq. fl. /year p.poA M.Mnum al�wabm by conaad = 5% per biennium (add m'10) Privately -owned hangar spaces `,�� $ 0.7040 S 0.1010 Per sq. R./year 0.0% Maainr at wa6 by m ad = 5 % per biennium (add in'10) Fuel Sales - Aygas $ 0.0714 0.07 wl,WDPM,SDld 0.0% Maintananca of h .. Fuel Sales - JetA $ 0.07 1 $ 0.07 1 000 I. sold 0.0% Me'paenarxs of hardware riwltural Lease C and $ 154.00 $ 154.00 acre 0.0% 84 scree tillable, more or loss (lease rate 1/9/07 ricultural Lease (Cropland) $ MOO $ 10000 pr acre 0.0% 110 sues tlllmlo, more a Ids scum of runway nmltural Lease Ha S 65.00 S 65.00 eve 0.0% 2a saes tilltllo, mae a leas veep of runway 1 r V Labor rate $ 32.50 S 35.00 trour 7.7% OT 2. Administration tae rua $ 25.00 Par ffoPaq rva Aerm MS4dW mr wnam eerviu.khw.• 3. Asphalt patchim material $ 185.00 $ 195.00 p, ton PWd 54% Indudw rnw, agoinr+oraa mpesrrws 3a. Other materials quoted q perwit We a suµ's deuslion. 4. Equipment rental rates wMn op° by cb /tax Heavy equipment city leave rgmm nsMM4 uy opwemn wcey Loadedgrader $ 70.00 $ 70.00 penny 0.0%�qu l�r°°r�°fwtivMaaagw.rrrbyPw Loeder/srlow blower S 95.00 $ 95.00 Parhav 0.0%Irow s4iw. ban, to olnlemryatluiasd TractarlLOaderMackhoe $ 40.00 $ 4000 perhour 0.0% ^•'No wswpram may be orwrwd by oaui4a PSraas May rader $ 35.00 S 2000 . hwr -42.9% um-p.wawimmwaar.4r Skid steer loader $ 25.00 $ 30.00 po four 20.0% Grounds Equipment Tractor, ricultu2l 5 85.00 $ 65.00 hour 0.0% Bnrsh &Apper $ 30.00 $ 30.00 per our 0.0% Tractor. gmnds $ 20.00 5 25.00 WI m 25.0% Commercial mowers S 20.00 $ 25.00 hour 25.0% Street maintenance souioment Street swee per $ 75.00 $ 75.00 hour 0.0% Street flusher $ 30.00 $ 30.00 mrhwtx 0.0% Vibratory roller, 88 alt bailer $ 30.00 $ 3000 pwlour 0.0% Air i:cynipressorhools 5 20.00 $ 20.00 per hour O 0% Sewer maintenerim equipment Vector sewer cleaner 5 125.00 $ 130.00 W hour 4.0% Vac -Afl catch basin cleaner $ 65.00 $ 66.00 p, hour 00% Pumps fless than 6" S 15.00 $ 1500 W hour 0.0% Punt 6" or over 3 25.00 5 25.00 pw hour 0.0% Vehides Aerial boom truck, forestry $ 55.00 $ 6000 per hero 9.1% Tandem -axis dun trucks $ 50.00 $ 5500 Whow 10.0% Single-axle snowplow trucks $ 45.00 $ 5000 pw hour 111% Sin le-exle trucks $ 30.00 $ 3500 Par hex 16.7% Medium duty trucks $ .001 25.00 Whow 0.0% 1 ton trucks $ 20.00 S 20.00 how 0.0% Cam, trucks 3/4 ion and below $ 15.00 Is 20.00 pa, how s E Maintenance Hangar Shop $ 1,260,00 $ 1,260.00 nnum 0 0% Per FBO contrect Renewal scheduletl for 2007. CI -Owned hap ars Han ars #1/9 -1/16 $ 36.75 $ 38.50 tenant 4.8% Add $5 per month for non - residents Gf -owned han ars Han ar5 #2/1 -2f8 $ 63.00 $ 66.00 tenant 4.8% Add $10 per month for non - residents Cit -owned han ar5 Han ar5 #3/2 -4; 6 -8 $ 105.00 $ 110.00 himaM) 4.8% Add $10 per month for non- residents Ci! -owned han afS Han ars #3/1 8 3/5 $ 183.75 $ 193.00 (tenanp 5.0% Atltl $10 per month for non- reitlenls Ci -owned han ars Han ars #4/1 -0/6 $ 105.00 $ 110 00 tenant 4.8% Add $10 per month for non - residents Cit awned story e s aces Han ar #3 me n/a onth Space Ind. wl #3f1 a 315 Cit awned Story e S aces Hap ar #4 40.00 $ 40.00 onth 0.0% Remaining 2 stalls in Hangar 4 Privately -owned hangar spaces General Aviation $ 0.0315 $ 0.0315 .(t./year 0.0% Maximum allowable by contract = 5% per biennium (add ln'10) Privately -owned hangar spaces Commercial $ 0.1040 $ 0.1040 per sq. fl /year 0.0 %Maximum allowable by conLmd =5 %per biennium (add in'10) Fuel Sales - Av as $ 0.07 $ 0.07 r 1000 al. sold 0.0% Maintenance of hardware Fuel Sales - JetA $ 0.07 $ 0.07 r 1 000 al. scltl 0.0% Maintenance of hardware Agricultural Lease (Cropland) $ 154.00 $ 154.00 per acre 0.0% 84 acres tillable, more or lees (lease rate approved on 119107) Agricultural Lease (Cropland) $ 100.00 $ 100.00 per acre 0.0% 10 acres tillable, more or less south of runway Agricultural Lease Ha $ 65.00 $ 65.00 per are 00% 24 acres tillable, more or less west of runway City of Hutchinson 2.15(p) 2009 Bulk Water Purchase Fee Schedule* eas Fee Amount` Deposit for Key Rental $40.00 Month or Partial Month Key Rental Fee $40.00 Lost or Non - Returned Key 1 year charge Per Load Fee - South Park, Filled by City Staff $15.00 Per Load Fee - 2 Load/Day Max, Hydrant Fills $20.00 * Relates to policy 2.18 .I-- H Rer xL. Policy 222(e) City of Hutchinson 2008 Water Turn -On Fee Schedule 2.15(q) Less Same Connection Service After Hours Weekends and Holidays 1 $3U.UU 1 Policy 2.17 MEMORANDUM Date: January 2, 2009 To: Honorable Mayor and City Council From: Melissa Reichl, Economic Development Assistant Re: Business Subsidy Policy Update The City needs to update its "Business Subsidies" criteria in response to changes made by the 2008 Legislature. To adopt these updates a public hearing is required. We are therefore requesting that a public hearing be set for January 27, 2009. Enclosed is a resolution calling for a public hearing to be set. Please feel free to call me at 320 - 234 -5652 if you have any questions or need additional information. Thank you for your time and consideration. U68 8 RESOLUTION NO. 13525 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ADOPTION OF UPDATED CRITERIA FOR THE GRANTING OF BUSINESS SUBSIDIES WHEREAS, Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Act°), provides that the City, as a local government agency within the meaning of the Act, may not grant a business subsidy, within the meaning of the Act, until it has adopted criteria, following notice and a public hearing, for awarding business subsidies; and, WHEREAS, amendments to the Act enacted by the 2008 Minnesota Legislature require The City to update its Business Subsidies Criteria; and, WHEREAS, there has been filed with the City Administrator a draft of proposed updated criteria for the granting of business subsidies by the City; THEREFORE, BE IT RESOLVED by the City of Hutchinson, that a public hearing on the adoption of updated criteria for the awarding of business subsidies is hereby called and shall be held on January 27, 2009, at 6:00 p.m., at the City of Hutchinson City Council Chambers in City Hall, 111 Hassan Street SE, Hutchinson, Minnesota; and, BE IT FURTHER RESOLVED by the City of Hutchinson, that the City Administrator, or his designee, shall cause notice of the public hearing to be published in a newspaper of general circulation in the City of Hutchinson at least once not less than ten (10) days prior to the date fixed for the public hearing; and, BE IT FURTHER RESOLVED by the City of Hutchinson, that a draft copy of the proposed updated criteria for the awarding of business subsidies shall be available for public inspection, following publication of the notice of public hearing at the Hutchinson City Offices, between the hours of 8:00 a.m. and 4:30 p.m., on normal business days. Adopted by the City Council this 13" day of January, 2009 Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator HUTCHINSON CITY COUNCIL SUMMARY OF CLOSED MEETING PROCEEDINGS CITY ADMINISTRATOR PERFORMANCE APPRAISAL December 23, 2008 On December 23, 2008, the Hutchinson City Council closed its meeting at 4:40 p.m. to conduct the performance appraisal for the City Administrator, Gary Plotz. Individuals present included the Hutchinson City Council (Bill Arndt, Jim Haugen, and Casey Stotts), City Administrator Gary Plotz, City Attorney Marc Sebora, and Brenda Ewing, Human Resources Director. Mr. Plotz exercised his right to close the proceedings to the public. The Council reviewed with Mr. Plotz his performance for the period of October 2008 to present. The abbreviated review period is required to transition the City Administrator to the calendar year review period in place for all regular City employees. The next scheduled review for Mr. Plotz will be for the period of January 1 through December 31, 2009, and held in either December 2009 or January 2010. Performance was reviewed in the following performance areas applicable to the position: Communications, Cost Consciousness, Delegation, Job Knowledge, Judgment, Innovation, Leadership, Managing People, Teamwork, Planning & Organization, Problem Solving, Use of Technology, and Quality. The appraisal system allows an individual to be rated on the scale of ratings range including Unsatisfactory, Needs Improvement, Meets Job Requirements, Exceeds Job Requirements, and Outstanding. The consensus of the Council is that Mr. Plotz' performance for the review period was found to be exceeding job requirements or outstanding in the competency area. Mr. Plotz presented to the Council specific achievements for the review period. The list of achievements included the following: • Creek Side — The operation is anticipated to be profitable in 2008 and work continues to attain profitability in 2009, also. • Regional Survey — This project is still in progress. The eight outstate cities to which the City will compare have been identified and suggestions have been received from the City Council regarding specific items to compare. Due to the current staff workload, this project has not been completed but continues to be worked on. • Director Measurements — As part of the 208 review process, all City directors are required to provide the City Administrator with two to three departmental measurements. When compiled, these will be brought forward to the City Council for feedback and suggestions. • Policy Governance — This project continues and is moving along toward implementation. The current and newly elected Council members have been participating in this process. The identification of the Council ends statements is nearing completion. • Climate Control Assessment — Since September 2008, a staff committee has been addressing this item. To date, information on a 50/50 State funding grant has been �() obtained and will be sought. Staff has also identified a bio -mass project to provide heating for City facilities to reduce energy costs. Mayor Cook joined the closed session at 4:51 p.m. ■ Industrial Park Expansion (Hackbarth Property) — The City Council will be considering the potential purchase of property to facilitate the expansion in closed session at the City Council meeting later this evening. Mr. Plotz was asked for suggestions to improve the overall City organization. Mr. Plotz commented that the focus of the City may be changing significantly in the next few months due to the identified and potential reductions in Local Government Aid (LGA) the City receives from the State of Minnesota. The City will need to address the 2008 LGA unallotment, the 2009 budget, City bond rating implications, City structure and services, and other critical issues. It was noted that the 2009 City Council will meet in January 2009 to identify specific goals and objectives for Mr. Plotz for 2009. Council Member Kay Peterson joined the closed session at 5:05 p.m. Human Resources Director, Brenda Ewing, informed the City Council that Mr. Plotz' current pay rate is at compa ratio 114.7 on the 2008 pay range. The maximum an employee may achieve is 115 or 115% of the market rate for the pay grade. Depending on the performance appraisal cumulative rating, he is eligible for a pay rate increase from 01/6 to .20 %, generally granted on the 2009 anniversary. Due to recent action taken by the Council, all City employee wages will be frozen in 2009, including Mr. Plotz' pay, unless and until future Council action would reverse this decision. If Council action is taken to reinstate the performance increases, but not the market increase, Mr. Plotz' compa ratio will then be 112.3. This is due to the additional potential earnings associated with the 3% market increase to the 2009 pay grid that would not be realized employees. Mr. Plotz would then be eligible for up to a 2.4% increase. Motion by Casey Stotts, second by Kay Peterson to assign a performance rating of 4.26 warranting a .20% performance /merit increase ( *) per the 2009 City of Hutchinson Compensation plan, but noting the current wage freeze. The motion passed unanimously. Motion by Casey Stotts, second by Steve Cook to reopen the meeting at 5:14 p.m. The motion carried unanimously. Motion by Bill Arndt, second by Casey Stotts to adjourn the meeting. The motion carried unanimously, and the meeting adjourned at 5:15 p.m. To; Mayor and City Council This letter will serve as a request to accept the following contract. The Luthens' contract is a renegotiation of a five year contract between Creekside and Skyview Dairy for the purpose of purchasing finished manure compost. The amount of product will be established each June by the amount of Creekside sales of composted manure. It is the staff's recommendation to accept the contract as written. Thank you for your consideration, Doug Johnson Creekside Manager Creekside Soils Cree%Side Cmitside Organic Material Processing Facility n,. 1500 Adams SL SE Hutchinson, MN 55350.7011 320 -587 -6762 / Fax 320. 234 -5649 To; Mayor and City Council This letter will serve as a request to accept the following contract. The Luthens' contract is a renegotiation of a five year contract between Creekside and Skyview Dairy for the purpose of purchasing finished manure compost. The amount of product will be established each June by the amount of Creekside sales of composted manure. It is the staff's recommendation to accept the contract as written. Thank you for your consideration, Doug Johnson Creekside Manager AGREEMENT ON COMPOSTED MANURE AND OTHER ORGANICS REVIEWED Marc A. Sebora City Attorney This agreement is made and entered into by and between the City of Hutchinson, a Minnesota municipal corporation, d/b /a Creek side Soils ( "Creek side ") and Sky View Dairy, Inc. ( "Contractor "), owner and operator of dairy farm/composting site under this agreement. Purpose. The purpose of this agreement is to produce a composted manure product suitable as a fertilizer for retail sales. This will happen from a process of mixed solid animal waste at the dairy operation to be environmentally friendly and sound. 2. Contract Duration. The term of this agreement shall be for a period of one yr. from the date both parties have signed this agreement and may be extended for up to one year by mutual agreement of both parties. Dates commencing January I't 2009 - August 1" 2009 3. Raw Materials. Raw materials for this product shall consist of cow manure and straw and shall be provided by the Contractor. If organics other than straw /sawdust or cornstalks are utilized for animal bedding, the City shall be notified in advance and require City approval. Contractor shall be responsible for placing the mixture of raw materials on a site to be approved of by both parties to this contract in proportions acceptable to both parties. Creek side will be responsible for maintaining porosity of windrows by routine pile maintenance. Using the cell composting method. 4. Product Maturity. After initial processes to further reduce pathogens, routine turning shall be required to determine when curing stage has been reached in each cell. When the outside temperature is less than 20 degrees Fahrenheit, turning of established cells shall not be required. Following active composting, compost requires a curing period of at least one month to finish the process and allow the compost to develop the desired characteristics for the intended use 6. Solvita and Final Testing. A representative sample (at least 20 sub samples) will be collected by the Contractor and delivered to Creek Side for a preliminary maturity test, Maturity means that more than 60% decomposition has been achieved as determined by an ignition loss analysis and the passing of a solvita test. In any event, product shall be allowed to cure until maturity has been achieved on Contractor's site. Final Manure Product Consistency Values — NPK Value and Solvita Value. Acceptance of the furnished manure product is according to the following ranges of a solvita reading: Solvita 6.0 to 8 (manure) Additionally, the finished raw material must meet the testing requirements of the US Composting Council's Seal of Testing Assurance Program. Vd� 9. Screening. After Solvita has passed, the City will Screen product and collect final Composite Sample(s) for Batch Analyses. Creek Side will screen finished product upon the Creek Side site at 1500 Adams St. SE unless other arrangements, mutually agreed upon, are made. 10. Trucking and Bagging. Creek side will provide loader and Contractor shall transport unscreened or screened mature product to the Creek side processing facility located at 1500 Adams St. SE. Creek side will then bag this product or combine this product with other materials for bagging a variety of products. Contractor shall be responsible for disposal of the residual product. Or if desired will negotiate price for residuals with Creek side 11. Rate of Payment. Contractor shall be paid $4.00 per cubic yard of screened composted manure for the yr 2009. Payment from Creek side shall be due 30 days after invoicing. 12. Permits. The Contractor is responsible for obtaining proper federal, state (MPCA), county and township permits, as well as the recording, reporting and compliance of such permits. The Contractor acknowledges receipt of August 13, 2002, letter from Roger Berggren relating the "Technical Guidelines for the Stockpiling of Manure" regulated by the MPCA and the rules outlined in MN Rule Chapter 7020 for manure compost sites. 13. Independent Contractor Status. Contractor and any sub - contractors are to be and shall remain an independent contractor(s) with respect to any and all work performed under this contract. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing a relationship with agents, partners, joint ventures or associates between the parties hereto or as constituting as an employee of Creek side for any purpose or in any manner whatsoever. It is agreed that Contractor shall determine his own work hours and shall use his own equipment in fulfilling this contract. Contractor will make arrangements with Creek Side to deliver product during regular working hours. Contractor is responsible for providing his own insurance and shall pay all state and local taxes, FICA and similar taxes. 14. Insurance. Contractor, and any sub - contractors, shall provide Creek side proof of insurance. Creek side shall be named on Contractor's policy, and any sub- contractor's, as an additional insured. The City shall be informed in advance of any sub - contractor's involvement. 15. Hold Harmless. The parties to this contract, and any sub - contractors, agree to hold each other harmless from any and all causes of action which may arise out of the performance of this contract, which include, but are not limited to, claims for personal injury, now or in the future, which may arise from trauma, disease, pathogens or other unforeseen causes, environmental damage, or property damage. The Contractor(s) holds the City harmless and states and acknowledges that he does have and will have for the duration of this agreement and any subsequent agreements all necessary permits, licenses and certificates required for the purpose of this contract as may be required by any township, county, state (MPCA) or federal agency or board. ("u) 16. Termination of Contract. Unless agreed upon mutually by both parties to terminate this contract, a $10,000 penalty will be assessed to the responsible party that terminates the contract prior to the expiration date. Sky View Dairy, Inc. Contractor Date Gary D. Plotz City Administrator Steve Cook Mayor Date (' L�) 11 '& MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Dan Hatten, Director of Police / Emergency Management Service DATE: January 5, 2009 RE: Southwest Metro Drug Task Force — Joint Powers Agreement Attached to this memorandum is the Joint Powers Agreement for the Southwest Metro Drug Task Force which requires the signature of the mayor and city administrator. It is the purpose of the task force to reduce felony level drug trafficking. This department has been a member of this group for more than 10 years. At this time we also have a member of our department as an agent on the task force for the next two years. The taskilifeit ' been reflected in the 2009 budget as reVor of ' , ii a /lkg a V+) 2009 -01 -0001 4, INWA „�J V+) SOUTHWEST METRO DRUG TASK FORCE JOINT POWERS AGREEMENT The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made and entered into pursuant to Minnesota Statutes Section 471.59. SECTION I GENERAL PURPOSE 1.1 The general purpose of this Agreement is to provide for an organization through which the parties may jointly and cooperatively provide for the establishment and operation of a multi - jurisdictional drug task force which will aid in reducing felony level drug trafficking within the parties' jurisdictions. SECTION H DEFINITION OF TERMS 2.1 For purposes of this Agreement, the terms defined in this Section shall have the meanings given them. 2.2 "Southwest Metro Drug Task Force" means the organization created pursuant to this Agreement, which organization is hereinafter referred to as the "Task Force." 23 "Governing Board" means the Governing Board of Directors of the Task Force, consisting of one director from each governmental unit which is a member of the Task Force. 2.4 "Governmental Unit" means any county, city, village, borough, town or other political, subdivision of the State of Minnesota or any joint powers organization in the State of Minnesota. 2.5 "Member" means a governmental unit or joint powers organization which enters into this Agreement and is, at the time involved, a party in good standing. SECTION HI 3.1 Any Governmental Unit that has a law enforcement agency and is located in Hennepin, Carver, Scott or McLeod County is eligible to be a Member of the Task Force. 3.2 A Governmental Unit desiring to be a Member shall execute a copy of this Agreement and shall pay the established membership charges. 3.3 The initial Members shall be those Members who joined the Task Force as voting Members on or prior to January 1, 2009. 342158W2 SJS SH155 -23 I 3.4 Governmental Units joining the Task Force after January 1, 2009, shall be admitted only upon the favorable vote of two- thirds of the Governing Board of directors. The Governing Board may impose conditions upon the admission of Members other than initial Members. SECTION IV BOARD OF DIRECTORS 4.1 Governing Board of Directors. The governing body of the Task Force shall be its board of directors. The board of directors of the Task Force shall consist of the following: the chief law enforcement officer of each Member or his or her designee ( "Governing Board "). A. Governing Board directors shall be full -time peace officers employed by the appointing Member. B. Governing Board directors shall not be deemed to be employees of the Task Force and shall not be compensated by the Task Force. 4.2 Duties of the Governing Board. A. The Governing Board shall be responsible for the overall management and budget of the Task Force. B. The Governing Board shall coordinate information between the Members, the Partners Against Drugs and the Task Force. 4.3 Powers of the Governing Board. A. The Governing Board may adopt bylaws to govern its operation. Such bylaws must be consistent with this Agreement and all applicable laws and regulations. B. The Governing Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment to its duties and enforce such contracts to the extent available in equity or at law, except that the Governing Board shall not enter into any contract in which the tern exceeds one year. C. The Governing Board may contract with any Member to act as its fiscal agent and provide budgeting and accounting services necessary or convenient for the Governing Board, including maintaining the Task Force's financial records. Such services may include, but are not limited to: management of Task Force accounts and funds, payment for contracted services and other purchases, and bookkeeping and recordkeeping services. D. The Governing Board shall disburse funds in a manner which is consistent with this Agreement and, if applicable, with the method provided by law for the disbursement of funds by the Member under contract to provide budgeting and accounting services. 342158+2 SJS SH155 -23 2 E. The Governing Board may apply for and accept gifts, grants or loans of money or other property (excluding real property) or assistance from the United States government, the State of Minnesota, law enforcement agencies, corporations, non -profit corporations or any person, association, or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift, grant or loan relating thereto. F. The Governing Board must obtain and maintain liability insurance in amounts not less than the statutory liability limits established under Minnesota Statutes Chapter 466. The Governing Board may obtain other insurance it deems necessary to insure the Task Force, the Governing Board, the Members, the Partners Against Drugs and employees of the Members for actions arising out of this Agreement. The costs of liability insurance shall be payable from Task Force funds. The Task Force shall not take any actions under this Agreement until such liability insurance is in effect. G. All powers granted herein shall be exercised by the Governing Board in a fiscally responsible manner and in accordance with the requirements of law. H. The Governing Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which the Task Force is organized. 4.4 Terms. Appointees to the Governing Board shall serve at the pleasure of the appointing Member, and may be removed only by the appointing Member. 4.5 Meetings. The Governing Board shall have regular monthly meetings. Special meetings may be held by giving reasonable notice to all Members. At the meetings, the Governing Board will establish and set policies and procedures for the Task Force, review the Task Force's operational activities and expenditures and discuss other items related to the Task Force's operations. The presence of a simple majority of the Governing Board directors shall constitute a quorum. In the event that a director is unable to attend a meeting, the Member's chief law enforcement officer may assign an alternate to attend and vote in his or her place. 4.6 Voting. Each Member shall have one vote at any meeting of the Governing Board. Proxy votes are not permitted. The Governing Board shall function by a majority vote of directors or alternate directors present, provided that a quorum is present. 4.7 Records. The Executive Director shall be responsible for maintaining all minutes, records, books and reports of the Task Force. The books and records of the Task Force, including the minutes and the fully executed original of this Agreement, shall be kept at the office of the Task Force Commander. 34215M SJS SH155.23 3 IOIT) 4.8 Organizational Structure. A. The Task Force is a multi jurisdictional tactical unit consisting of Member agencies. The Governing Board shall supervise the operations of the Task Force. B. The Governing Board shall elect a Governing Board director to serve as the Executive Director of the Task Force on an annual basis. The Executive Director shall be responsible for presiding over Governing Board meetings, taking meeting minutes and maintaining frequent communication with the members of the Governing Board and the Task Force Commander. C. The Governing Board shall appoint a Task Force Commander. The Task Force Commander reports to the Executive Director. The Task Force Commander shall be responsible for working with the appointed fiscal agent of the Task Force, managing operational disbursements and applying for and managing any grants that are received by the Task Force. The Task Force Commander has the authority and responsibility of directing all Task Force investigator activities, including, but not limited to, assigning work, transferring investigators, developing best practices and policies for the Task Force, writing letters of commendation for investigators, suspending investigators from Task Force duties and ordering them back to their agency, recommending investigator assignment cancellations to the Governing Board and evaluating the performance of the investigators. The Task Force Commander must report on his or her activities at least quarterly to the Governing Board. SECTION V PARTNERS AGAINST DRUGS 5.01 It is contemplated that certain Governmental Units may desire to follow closely the activities of the Task Force, to receive detailed information about Task Force operations and receive the Task Force services, but do not have the capacity to provide officers to serve on the Task Force. Such Governmental Unit may affiliate with the Task Force as a "Partner Against Drugs." 5.02 A Governmental Unit desiring to become a Partner Against Drugs may do so in the same manner as is applicable to becoming a Member of the Task Force, except as otherwise provided in this Section. 5.03 At the time of joining the Task Force as a Partner Against Drugs, the Governmental Unit shall indicate to the Task Force in writing that it is not requesting to join as a Member but as a Partner Against Drugs. 5.04 A Partner Against Drugs may appoint a representative and an alternative representative to attend the meetings of the Governing Board but such representative (or alternate) shall be without voting power, shall not be eligible to serve as the Executive Director or Task Force Commander and shall not be counted for quorum purposes. 342158W2 SJS SH155 -23 4 W �J 5.05 The Governing Board may establish the charges to be paid by Partners Against Drugs and for that purpose it may classify Partners Against Drugs in accordance with their varying circumstances. 5.06 Change in Status. A Partner Against Drugs may apply for membership status and become a regular Member of the Task Force. 5.07 Withdrawal. A Partner Against Drugs may discontinue its association with the Task Force at any time by giving written notice of withdrawal to the Executive Director of the Task Force. No refund will be made by the Task Force of the annual contribution paid by the withdrawing Partner Against Drugs. SECTION VI BUDGET AND FINANCE 6.01 Financial Records. The Task Force Commander must work with the Governing Board's fiscal agent to maintain the Task Force's financial records. The financial records must detail the Task Force's income and expenditures. They must be available for review at any time by the Task Force Members. 6.02 Budget. By December 15th of each year, the Task Force Commander shall prepare a budget for the following calendar year to be adopted by the Governing Board. The Governing Board may amend the budget from time to time. Each Member shall have a line item in its own budget dedicated to the Task Force. 6.03 Funding. The Members intend to fund the Task Force through federal and state grants that are administered by the Minnesota Department of Public Safety and annual contributions paid by each Member and the Partners Against Drugs. Assets seized and forfeited through lawful channels by the Task Force shall become Task Force assets and may be used as supplemental funding for Task Force operations and expenses. The Governing Board shall establish the contribution amount for each Member and Partner Against Drugs. In the event that the Governing Board is going to change a contribution amount for a particular Member or Partner Against Drugs, it shall provide that Member or Partner Against Drugs with notice in a sufficient amount of time so that the Member or Partner Against Drugs' council or board is able to include the change in its Task Force contribution amount in its budget for the next year. 6.04 Accounting. All Task Force funds shall be accounted for according to generally accepted accounting principles. A report on all receipts and disbursements shall be forwarded by the Task Force Commander to the Governing Board monthly and on an annual basis. All expenditures of the Task Force must be approved by the Governing Board. 6.05 Grant Requirements. The Task Force shall comply with all reporting requirements that are required for any grants that it receives. 342158a2 S3S SH155 -23 5 SECTION VII OPERATIONS 7.01 Task Force Investigators. The Task Force shall be composed of the Task Force Commander and a certain number of Task Force investigators, who are licensed peace officers which are employed and compensated by the Members' law enforcement agencies but shall devote 100 percent of their time to Task Force operations. The Task Force investigators shall work on behalf of the Task Force by gathering and acting on information and investigating specific cases related to felony level drug distribution in the Task Force Members' and Partners Against Drugs' jurisdictions. The Task Force Commander and Task Force investigators also may assist Members and Partners Against Drugs' law enforcement agencies in investigations, provide Members and Partners Against Drugs' law enforcement agencies with technical advice and support, and provide needed equipment to Members and Partners Against Drugs, if available. The number of Task Force investigators shall be determined from time to time by the Governing Board. Task Force investigators shall have discretionary powers of arrest in all Members and Partners Against Drugs' jurisdictions, pursuant to Minnesota Statutes Section 471.59, subdivision 12. 7.02 Reimbursement for Assignment of Task Force Investigators. The Task Force Commander and the Task Force investigators shall be employed and compensated by the Members' law enforcement agencies. The Task Force shall reimburse Members who assign their officers to the Task Force a certain rate as set by the Governing Board from time to time. 7.03 Assignment of a Task Force Investigator. A Task Force investigator's assignment to the Task Force shall be considered a privilege. If any investigator is not performing at an acceptable level, or violates the Task Force's policies or procedures, the Task Force Commander shall have the authority to send the investigator back to his or her agency for the remainder of his or her shift. The Task Force Commander must then contact the investigator's supervisor or chief law enforcement officer regarding the issue. The Task Force Member, as the investigator's employer is responsible for taking any disciplinary action or making any change in assignment that it decides is appropriate. Any change to an investigator's assignment to the Task Force must be approved by the Governing Board. 7.04 Location of the Task Force. Task Force investigators shall be located at the SCALE Regional Public Safety Training Facility. The Task Force investigators' daily Task Force activities will be supervised and coordinated by the Task Force Commander. All Task Force equipment, information and records shall be stored at the SCALE Regional Public Safety Training Facility. 7.05 Information and Records. The Task Force Commander shall be responsible for maintaining an intelligence database for the Task Force. This database should contain information relevant to a suspect's personal information and any alleged criminal activity. Task Force investigators shall be responsible for promptly entering relevant intelligence information into the Task Force intelligence database. Task Force investigators shall also be responsible for maintaining their own informant usage and reliability records at the direction of the Task Force Commander. The Task Force Commander shall also maintain a statistical recordkeeping system 342158J2 SJS SH155 -23 c�C�� that contains information relevant to all Task Force arrests, property seizures, controlled substance seizures and forfeitures. Task Force investigators must timely file all required Task Force reports, documents and other administrative and case work with the Task Force Commander. 7.06 Task Force Investigator Training. Task Force investigators assigned to investigate narcotics violations are encouraged to obtain training in the following areas prior to assignment or as soon as reasonably practical thereafter: i) search warrants/entries/raid planning and execution; ii) civil process /forfeiture procedures; iii) evidence collection/ testing/ handling/packaging/documentation; iv) surveillance techniques/counter surveillance awareness; v) electronic surveillance device usage/capabilities/limitations; vi) formal complaints/charging; vii) covert operations/plainclothes /undercover operations; viii) interview /interrogation/statements; xi) crime scene management; and x) investigative strategies. SECTION VIII EQUIPMENT AND PROPERTY 8.01 Property. All individually owned property brought by a Member or Partner Against Drugs into the Task Force shall remain the property of that entity. Any property purchased by the Task Force shall remain the property of the Task Force. In the event the Task Force is disbanded, the remaining property owned by Task Force shall be distributed equally to the current Members of the Task Force. 8.02 Equipment Damage. Each Member or Partner Against Drugs shall be responsible for damage to or loss of its own equipment occurring during Task Force operations. Each Member or Partner Against Drugs waives the right to sue the Task Force and any other member or Partner Against Drugs for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Member or Partner Against Drugs or their officers, employees or agents. 8.03 Vehicles and Equipment. Members shall provide employees that are assigned to the Task Force with a weapon and a cell phone. The Task Force may issue additional equipment to its personnel as necessary. The Task Force shall provide all assigned employees with a Task Force -owned vehicle, which will be maintained and insured by the Task Force. Members shall be responsible for providing fuel for the vehicles. 8.04 Forfeitures. Assets seized and forfeited through lawful channels by the Task Force will be Task Force assets and will be used as supplemental funding for Task Force operations. Forfeited funds, once cleared by the district court will be distributed by the Task Force according to Minnesota Statutes. The Task Force's portion of these funds will be used by the Task Force to offset any of the matching funds budgeted items. These funds will also be used by the Task Force in conjunction with local match dollars to continue Task Force operations should the grant amount be reduced or the grant is denied. The Task Force Commander, in conjunction with the Task Force fiscal agent, is responsible for keeping all financial records relating to the disbursement of forfeitures. Forfeited items such as jewelry, vehicles, or real estate may be sold 34215812 S3S SH155 -23 7 c�c� or disposed of by the Task Force in a manner permitted by law. All firearms seized by the Task Force must be first offered to Members for law enforcement use. The remaining firearms will be destroyed if they are deemed unusable by the Task Force. SECTION IX EMPLOYEES 9.01 Workers' Compensation. Each Member and Partner Against Drugs shall be responsible for injuries to or death of its own employees in conjunction with services provided pursuant to the Agreement. Each Member shall maintain workers' compensation coverage or self- insurance coverage, covering its own personnel while they are assigned to the Task Force. Each Member waives the right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Member or Partner Against Drugs or its officers, employees or agents. 9.02 Governing Board directors, the Executive Director, the Task Force Commander and all Task Force investigators shall remain employees of the Member that has assigned them to the Task Force and shall be compensated by that Member, not the Task Force. Appointments of the Executive Director and the Task Force Commander shall require the concurrence of the employing Member's chief law enforcement officer. SECTION X INDEMNIFICATION 10.01 The Task Force shall be considered a separate and distinct public entity to which the Members and the Partners Against Drugs have transferred all responsibility and control for actions taken pursuant to this Agreement. To the fullest extent permitted by law, actions by the members and Partners Against Drugs pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Members and the Partners Against Drugs that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes Section 471.59, subdivision 1 a (a); provided further that for purposes of that statute, each Member and Partner Against Drugs expressly declines responsibility for the acts or omissions of the other party. The Members and Partners Against Drugs are not liable for the acts or omissions of the other Members and Partners Against Drugs except to the extent to which they have agreed in writing to be responsible. 10.02 The Task Force shall defend, indemnify and hold harmless the Members and Partners Against Drugs against all claims, losses, liabilities, suits, judgments, costs and expenses arising out of action or inaction of the Governing Board, its directors, the Executive Director, the Task Force Commander and other employees or agents of the Task Force pursuant to this Agreement. The Task Force shall defend and indemnify the employees of any Member acting pursuant to the Agreement except for any act or omission for which the Member's employee is guilty of malfeasance, willful neglect of duty or bad faith. This Agreement to defend and indemnify does not constitute a waiver by the Task Force or any Member or Partner Against Drugs of the limitations on liability provided by Minnesota Statutes Chapter 466. 342158J2 SJS SH155.23 8 SECTION XI DURATION, DISSOLUTION OF THE AGREEMENT 11.01 Dissolution. This Agreement shall remain in full force and effect unless a majority of the Members' governing bodies vote in favor of dissolution, if dissolution is necessitated by operation of taw as a result of a decision by a court of competent jurisdiction, or when a majority of remaining Members agree to terminate the Agreement upon a date certain. 11.02 Withdrawal. Any Member may terminate its participation in this Agreement upon 30 days' written notice to the Governing Board. No refund will be made by the Task Force of the annual contribution paid by the withdrawing Member. All rights to Task Force funds and assets are relinquished by the Member upon withdrawal. Withdrawal by any Member shall not terminate this Agreement with respect to any parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any Member prior to withdrawal. Such liability shall continue until discharged by law or agreement. 11.03 Effect of Termination. Termination of this Agreement shall not discharge any liability incurred by the Task Force or by the Members during the term of this Agreement. Upon termination of this Agreement and after payment of all outstanding obligations, property, equipment or surplus money held by the Task Force shall be disbursed as follows: A. All individually -owned property and equipment brought into the Task Force by a Member remains the property of that Member, even if the Member is no longer a Member of the Task Force; and B. Any remaining property, equipment and any surplus money owned by the Task Force shall be distributed equally to the current Members. SECTION XH AMENDMENT 12.01 Modification. This Agreement sets forth all understandings of the Members and Partners Against Drugs. All prior agreements, understandings, representations whether consistent or inconsistent, verbal or written, concerning this Agreement, are merged into and superseded by this written Agreement. No modification or amendment to the Agreement shall be binding on any Member or Partner Against Drugs unless each Member and Partner Against Drugs agrees in writing to the proposed change or amendment. 12.02 Submittal. Any Member or Partner Against Drugs wishing to submit an amendment to this Agreement shall do so by submitting a written proposal to the Governing Board at a regularly scheduled or special meeting. The Governing Board shall forward the proposed amendment, with a recommendation, to each Member and Partners Against Drugs within 90 days of receipt of the proposed amendment. 342158J2 SJS SH155 -23 9 �cf� k 12.03 Response to Proposed Amendment. Each Member and Partner Against Drugs shall respond to a proposed amendment within 60 days of receipt from the Governing Board. If no response is received from any member, the amendment is deemed to be rejected. SECTION XIII MISCELLANEOUS 13.01 Data Practices. The Members and Partners Against Drugs agree to comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data created, collected, received, stored, used, maintained or disseminated by the Task Force. If a Member or a Partner Against Drugs receives a request to release the data referred to in this section, it must immediately notify the Task Force Commander. The Task Force Commander will give the Member or Partner Against Drugs who has received the data request instructions concerning the release of the data to the requester before the data is released. 13.02 Audit. The books, records and documents relevant to this Agreement are subject to audit by the Members, the Partners Against Drugs and the State of Minnesota at reasonable times upon written notice. 34215W S1S SH155 -23 10 IN WITNESS WHEREOF, the undersigned Governmental Unit has caused this Agreement to be signed and delivered on its behalf. (Name of Governmental Unit) Un Its: Its: Dated: 120—. 342158J2 SJS SH155 -23 C TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Items for 2009 Pavement Management Program Phase 1 (Letting No. 3/1 roject No. 09 -03) DATE: February 13, 2009 City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the above referenced project at the February 10th City Council meeting. A neighborhood meeting will be held with the property owners that are adjacent to the project on February 0 prior to the Public Hearing. This project includes the street rehabilitation of McLeod/6ih Ave NE from TH 15 to Bluff St. and sidewalk construction along McLeod/e Ave, TH 15 and Bluff St. We recommend that the attached Resolutions and Notices be approved as described above. w: Gary Plom City Administrator RESOLUTION NO. 13521 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO.3 PROJECT NO. 09-03 WHEREAS, it is proposed to improve: Mcleod Ave NE (TH 15 to Prospect), 6th Ave NE (Prospect to Bluff), sidewalk construction along TH 15 (5th Ave NE to North High), sidewalk construction Bluff St NE (5th Ave to 6th Ave) and wetland mitigation area construction by roadway rehabilitation and utility infrastructure installations by construction of lateral storm sewer, drain the installations, lateral watermain, lateral sanitary sewer, surface reclamation, grading, aggregate base, concrete curb and gutter, bituminous base, bituminous/concrete surfacing, sidewalks/trails, landscaping, street lighting, restoration and appurtenances, and WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 13th day of January 2009. Mayor: Steven W. Cook City Administrator: Gary D. Plotz Ell a • u HUTCHINSON PUBLIC WORKSJENGINEERING DEPARTMENT f City Cadmq 1 t home St SF1HWIlimm MN 35330 - 2522)320- 2344209/FAX 3W2:3f- M ENGINEERING REPORT & FEASIBILY]ry STUDY TO: Mayor and City Council FROM: Kent Exner, City Engineer DATE: January 13, 2009 SUBJECT: Letting No. 3/Project No. 09-03 I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L3/P09 -03 McLeod Ave NE (TH 15 to Prospect), 6th Ave NE (Prospect to Bluff), sidewalk consbWlon along TH 15 (5th Ave NE to North High), sidewalk construction Bluff St NE (5th Ave to 6th Ave) and wetland mitigation area construction by roadway rehabilitation and utility infrastructure installations by construction of lateral storm sewer, drain the installations, lateral watermain, lateral sanitary sewer, surface reclamation, grading, aggregate base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalks/trails, landscaping, street lighting, restoration and appurtenances. 0 0. RESOLUTION NO. 13522 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO.3 PROJECT NO. 09-03 WHEREAS, pursuant to a resolution of the Council adopted January.13TH, 2009, the City Engineer has prepared a report with reference to the improvement of: McLeod Ave NE (TH 15 to Prospect), 6th Ave NE (Prospect to Bluff), sidewalk construction along TH 15 (5th Ave NE to North High), sidewalk construction Bluff St NE (5th Ave to 6th Ave) and wetland mitigation area construction by roadway rehabilitation and utility infrastructure installations by construction of lateral storm sewer, drain file installations, lateral watermain, lateral sanitary sewer, surface reclamation, grading, aggregate base, concrete curb and gutter, bituminous base, bituminous/concrete surfacing, sidewalksttrails, landscaping, street lighting, restoration and appurtenances, and said report was received by the Council on January 13th, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $930,000.00. 2. A public hearing shall be held on such proposed improvements on the 10th day of February, 2009, in the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 13th day of January 2009. Mayor: Steven W. Cook City Administrator: Gary D. Plotz E City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 2344219 Fax (320) 234 -6971 January 7, 2008 To: Honorable Mayor & City Council members From: John Olson, Public Works Manager Subject: Mosquito Control Contract The City's mosquito control services appear to have improved life in Hutchinson. Last fall's vote for a special levy of up to $35,000 per year for 3 years for mosquito control passed 60.3% to 39.7 %. The levy referendum of up to $35,000 represents a 20% decrease in funding for this service, so some changes to the adulticide program are included in the proposed agreement. The proposal was structured with fewer scheduled adulticide treatments. The City retained the option for additional adulticide treatments, applied when needed, based on inspection and/or light trap counts. Larvacide treatments with 150 -day briquettes will be done in detention ponds and wetlands accessible to the City. These treatments will be paid for out of the City's Storm Water Utility. I recommend this proposal. Citizens have authorized a levy for this service, and this proposal provides good service for the funding available. This proposal addresses key weeks during the mosquito season with scheduled service, while allowing for several optional applications. This proposal should help the City meet both citizens' expectations and the budget. To keep 3 -year costs at no more than $35,000 per year, Clarke has offered a 3 -year contract for: Larval control: Paid for through Storm Water Utility Funds $ 1,750 Scheduled adulticide: $3,185 per treatment (6 ea.) $19,110 Additional unscheduled adulticide: $3,185 per treatment (4 ea.) $12,740 Light trap monitoring (2 traps): $1,320 per trap (2 ea.) $ 2,640 Additional barrier control application: $ 510 per special event (1 ea.) $ 510 Total adulticide $35,000 Total $36,750 In 2009, payment to Clarke would be $35,000 prior to April 1, 2009 In 2010, payment to Clarke would be $35,000, less unused items in 2009, prior to April 1, 2010 In 2011, payment to Clarke would be $35,000, less unused items in 2010, prior to April 1, 1011. 6N) MOSQUITO CONTROL HISTORY Since 2005 we have contracted with Clarke Environmental Mosquito Management, Inc. (formerly Professional Mosquito Control, Inc.) to provide these services. History of the City of Hutchinson's mosquito control budgets follows: 2005 $19,259.46 for larvacide treatment only (150 -day briquettes) for all detention ponds and wetlands accessible by the City. Applied by City staff. 2006 $32,470.00 for adulticide treatment ($30,470); Larvacide mosquito breeding site study ($2,000) 2007 $36,709.68 for adulticide treatment & larvacide treatment based upon inspection 2008 $45,819.45 for adulticide treatment ($32,154.65), Larvacide treatment based upon Inspection ($12,410.80) and light trap monitoring ($1,254.00) In 2008, charges were based on 100 centerline miles of street treated with adulticide on a weekly basis for 11 weeks (2008 = 6/2, 6/9, 6/16, 6/23, 6/30, 7/7, 7/14, 7/28, 8/11, 8/25). Larvacide was based on two monthly inspections, with treatments applied based on inspection findings. Light traps were placed in strategic locations and were monitored weekly. 2009 Proposed — $35,000.00 for adulticide treatment ($19,110 for scheduled service, $12,740 for unscheduled service, $2,640 for light trap monitoring, and $510 for one special event barrier application). $1,750 for larva control paid for out of Storm Water Utility funds. Unused services (unscheduled adulticide applications and/or special event barrier control) will be deducted from the following year's payment due by April 1 of each year of the 3- year contract. (. N) Clarke Environmental Mosquito Management Inc. Professional Services Outline For the City of Hutchinson Environmental Mosquito Management Program Part I. General Service A. Public Relations and Educational Brochures B. Comprehensive Insurance Coverage C. Program Consulting and Quality Control Staff D. Periodic Advisories, and Annual Report E. Regulatory compliance on local, state, and federal levels Part II. Larval Control A. larval Site Monitoring and Inspections 1. Treatment of retention ponds as outlined for the spring of each year with 150 Day briquettes. 1 Treatment on or around June 1° Q $1750.00 Part III. Adult Control A. Adulticiding in Residential Areas: 1. 8 Scheduled weekly Community -wide truck ULV treatments of up to 100 miles with a synthetic pyrethrold base insecticide at $3185.00 per treatment. 2. 4 Additional open schedule of Community -wide truck ULV treatments for the following (7 -20, 7 -27, 8 -3, 8-10) of up to 100 miles with a synthetic pyrethroid base insecticide at $3185.00 per treatment. These additional treatments will be approved by the City of Hutchinson 5 days prior to the due date for scheduling 3. 1 Barrier Application at selected park to coincide with activities @ $510.00 per. 4. 2 Light Traps with weekly monitoring at $440.00 per month for (June, July, & Aug.) City of Hutchinson will supply power to the locations of the Light Traps. The City of Hutchinson will be responsible for damage, or loss of Light Traps placed in public areas. B. Adulticiding Operational Procedures 1. Notification of community contact. 2. Weather limit monitoring and compliance. 3. Notification of residents would be handled by the City of Hutchinson. 4. ULV particle size evaluation. 5. Insecticide dosage and quality control analysis. (P N) Clarke Environmental Mosquito Management, Inc. Client Agreement and Authorization The City of Hutchinson Environmental Mosquito Management Program 1. Program Payment Plan: For Parts I, 11, III, as specked in the 2009 - 2011 contract. Payment due prior to April 1 of each year 2009 - 2011. Larval Control $ 1,750.00 6 weekly scheduled Adult Control $19,110.00 4 Additional unscheduled Adult Control $12,740.00 2 Light Trap Monitoring $ 2,640.00 1 Barrier Control Application $ 510.00 Total $36,750.00 Payments in 2010 and 2011 will be adjusted for unused services in prior years. For City of Hutchinson: Sign Name: Title: For Clarke Environmental Mosquito Management, Inc.: Date: Name: John P Kreyer Sr. Title: Control Consultant Date: (,N) Clarke Environmental Mosquito Management, Inc. Client Authorization The City of Hutchinson Environmental Mosquito Management Program Administrative Information: Invoices should be sent to: Name: Address: City: State: Zip Office Phone: Fax: E -Mail Purchase Order Number: Treatment Address ilf different from above): Address: City: State: Zip Contact Person for City of Hutchinson: Name: Title: Office Phone: Fax: E -Mail: Home Phone: Cell: Pager: Alternate Contact Person for City of Hutchinson: Name: Office Phone: Fax: Home Phone: Cell: Title: E -Mail: Pager: Please sign and return a copy of the complete contract for our files to: Clarke Environmental Mosquito Management, Inc., Attn: John P Kreyer Sr. 20061 Edison Cir E, Clearwater, MN. 55320 or Fax at (320) 558 2223 1� L�) PC(. 12r ZZ'or 111 Hum Stmt Southeast - HuWhinsw, MN 55350 (320)587- 5151/Fax:(320) 2344240 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 Short Term Date(s) O L S30.00 Month/D ear -Mont D /ear T/fL //y7rMr -dSaJ iZ.07,10,)e FO41JDA7=di 320- Sp -7 - 0 Name Phone Number /'9cCto� 6au441/4weV' -L yc r� O'j M il ss3.rb Address where regular .meeting are held City State Zip Day and time of meetings? W E� h e5 A ew3 &7(- ,/ y01 Is this organization organized under the laws of the State of Minnesota? A yes ❑ no How long has the organization been in existence? 2 00 / How may members in the organization? cl + What is the purpose of the organization? 12 u i S2 ar4 tdml USfeg- - e 4 JS 4, char/; .- In whose custody will organization records be kept? 0.l A pueposeS - D cth 6 nse(,/ 7 -JIS-6 Name Phone Number 131 Somer* i+7rpr + Si2s:F—T &X'YC'Lrd.j / kJ sssss Address city State zip l 11UNam (A. 9s2g7a.?68S True Name Phone Number 46T O loNkp4iew Ltgvw Mnut& MIt/ 6-596 Residence Address Cityc State Zip Date of Birth: 7 / 31 / 19 SO Place of Birth: cJ�. L4u ( S M Q Month/dayf),ear City State Have you ever been convicted of any crime other than a traffic offense? O yes Xno If yes, explain: ('6) CttyofHrtchbAwn Amlbmtim for BhW C=Wft Derkw l kmm Page 2 of 3 Gar la Re«ewski se7 -8797 True Name Phone Number 44 -/irlr,- )-= / uJCh'r.�sp./ ,1^1 sss,M Residence Address City State Zip Date of Birth: /2 1 /b / S % Place of Birth: i A1O Month/dayfyear City I State Have you ever been convicted of any crime other than a traffic offense? ❑ yes Id'no If yes, explain: How long have you been a member of the organization? Since Z40.0 Gameflnfbrnudan Location #1 1 �%tG hfroar r1 Evmt- eevtiY/ 23Y- s6s6 Name of locati/o /n where game will be played Phone Number /Oed- ZG41 /S.-bv ,-r 4 aXVZ -Ud.J IYAJ S.S'SJ'e Address of location where a will be played City State Zip Date(s) and/or day(s) gambling devices will be used: Z O through Z' 09 AM AM Hours of the day gambling devices will be used: From _ : ♦70 110 To 10.496 (P-0 Maximum number of player: 3S-0 Will prizes be paid in money or merchandise? AL money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? 9 yes ❑ no If yes, will a charge be made for such refreshments? Nr s ❑ no Gamy lnformatiod , Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? Cl money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no "100 Tors ka r eij Lan e /",j sss 6 Y Residence Address City State Zip c iakQ Anderson Pre s,,tev%t- flee- 7_ Name Title L/US 61a 121'dae ITd n ,W, µutr,tfzoid Reside *e Add less City M"j 's -'TjSa State Zip � �J City ofHWaWn n Amikaamrfor Bingo Cmeblbg Dr*w License Page 3 of Cara Rel'Ab Lis ki Name 6 - / /rvyl ,ge',ve Residence Address T('PCcSyr er Title llr. Va I M>✓ S.s3S-0 Title City State Zip Name I Title Residence Address City State Zip Name Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)7 Gambling Manager )ryes Cl n0vj� — Authorized Officer )(yes O 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, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gamblir%*d I will familiarize myself with the contents thereof. City Council 13 approved U denied Notes: /J-/6 - OS Date /& — Date Ut 111 Hassan Street Soatlteest Hutchinson, MN 55350 (320) 587- 5151/Fax: (320) 2344240 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 Agg :. . A Short Term Date(s) 04104,12009 — Fee: $30.00 on�Lif t /1 Dear— Month/D /Year /,v 46 !27,4 PkEaT AtIWMe5 AiSOC /A77OA� Gt?orL! ?t rE�P f%A Cff�{1°TL�725 Name Phone Number /( 816 Mlv NIUY 22- LITCNFlEZ b Apy 55 355 Address where regular meeting are held City State Zip Day and time of meetings? ✓B' Y 8 gu TUB'. OF F,9Cff A10&7i'1 Z-15 P, M . Is this organization organized under the laws of the State of Minnesota? M yes ❑ no How long has the organization been in existence? 17 yes How may members in the organization? 3 20 What is the purpose of the organization7,$"7� dW — OF ZM;e IU)aeR f{eA=A(ij._ In whose custody will organization records be kept? F/RB�n LUA1Q4V 324- 693-2737 Name Phone Number ;2o6o2 - (DO"' 4, GrLYFILZI A _,5e r Address 001 State zip 3240- 593 -7647- Phone Number .322- W. l2iPLc y �A -S 355 Residence A s Ci y l State Zip Date of Birth: AC / / 1 /.?60 PlaceofBirth:.G.,( "-4CA-�/eld M yY Manth1daylyear City State Have you ever been convicted of any crime other than a traffic offense? Q yes I(no If yes, explain: CiyofHwchh wn Applicatlanfor BLW GambiftDevkw Geenee Page 2 of 3 3Z0- 69,3- 2737 Phone Number 2 01000 - (000 RY Z /TC/✓Fi/o A'IA/ 55355 Residence Address City State Zip Date of Birth: —4�:(J q / 9e / I 5 f Place of Birth: 4 Month/day/),ear City State Have you ever been convicted of any crime other than a traffic offense? C3 yes A no If yes, explain: How long have you been a member of the organization? C ,1'._ 111 I�S11 :_.l Ref 111cLE0b (O'VAVZ-y F,g /RGROUAIDS 3za687 -2499 Name of location where game will be played Phone Number 840 CA TU25/ frtd, 5w_ 114=,11f 1Ak5',O.1 Mni. 55350 Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: Q4LO412tla q through AM AM Hours of the day gambling devices will be used: From 4: /JO Cp[> To //; © O CPR) v Maximum number of player: LL Q O Will prizes be paid in money or merchandise? ❑ money 'merchandise Will refreshments be served during the time the gambling devices will be used? W yes ❑ no 69 T297? If yes, will a charge be made far such refreshments? IN yes ❑ no /iA4e7 F10fA✓ Z,6-6,1041 C3 y . 96 iame Information X17/ Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State Zip L/ TcrtiF /6Zb Date(s) and/or day(s) gambling devices will be used: through 5535 AM AM City Hours of the day gambling devices will be used: From PM To PM Zip Maximum number of player: - R- zP9(Scr2s- 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 charge be made for such refreshments? ❑ yes ❑ no Name Title A 22 L&'. I?/PI- L/ TcrtiF /6Zb AIAZ 5535 ResideneeAddress City State Zip //waOZ L/IAIZ)I c✓ - R- zP9(Scr2s- Name Title Z0602- (600 -0"q". L/TC,f/rl�X2a A1.44 s Residence Address City State Zip City ofHrich0mn Applimilm for Bbgo Cw nbift Devkea Lken Page 3 of /1.1:liniUAi Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)7 Gambling Manager )K yes ❑ no Authorized Officer )4 yes 13 no 149 Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. Internal Use only City Council proved O denied Notes: 02 009 Date ZP -.Pow Date Name Tide plc/ DOGE 5`7'' M ,/ 553Sa Residence Address City State Zip Name Title Residence Address City State Zip Name Title Residence Address Ci State zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)7 Gambling Manager )K yes ❑ no Authorized Officer )4 yes 13 no 149 Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. Internal Use only City Council proved O denied Notes: 02 009 Date ZP -.Pow Date CITY OF HUTCHINSON MEMO Finance Department January 8, 2009 TO: MAYOR 6 CITY COUNCIL FROM: JEREMY CARTER, FINANCE DIRECTOR SUBJECT: REQUEST FOR PROPOSAL - ACTUARIAL SERVICES The Governmental Accounting Standards Board (GASB) requires all government entities to implement GASB 45 "Accounting and Financial Reporting by Employers for Post Employment Benefits Other Than Pensions" (OPEB). The City of Hutchinson for Fiscal Year End 2008 is required to implement this new accounting standard. Failure to implement this new standard would be a departure from Generally Accepted Accounting Principles (GAAP) and put the Certificate of Achievement for Excellence in Financial Reporting in jeopardy. The Request for Proposal (RFP) would be sent to multiple actuarial firms with certified actuarial staff to provide the unfunded liability schedule along will all financial statement notes to satisfy GASB 45 requirements. If any council member would like to be a part of the review committee once the RFP's are received please let the City Administrator know. The turn around on the RFP's will be short as time constraints on the implementation deadline are quickly approaching. There are sufficient funds within the 2009 Finance departments' budget to account for these services. No additional funds are required. Once reviewed the request would be for Council approval issuing an RFP. H: \DOC \City council memo l.doc City of Hutchinson RFP For Implementation of GASB Statement 45 I. Overview The City of Hutchinson is seeking proposals from a single qualified provider (Consultant) to assist in an actuarial valuation of post employment benefits, other than pensions, in compliance with Governmental Accounting Standards Board (GASB) Statement 45 and provide assistance with the implementation required by this statement. The Governmental Accounting Standards Board (GASB) of the Financial Accounting Foundation sets reporting standards for preparation of financial reports for state and local governments. In June of 2004, GASB issued Statement 45 — Accounting and Financial Reporting by Employers for Post Employment Benefits Other Than Pensions, which establishes standards for measurement, recognition, and display of other post employment benefits (OPEB) expenses /expenditures and related liabilities, note disclosures, and required supplementary information (RSI) in the financial reports of state and local government employers. The requirements of Statement 45 for Hutchinson are effective for periods beginning after December 15, 2008. In addition to issuing Statement 45, GASB also issued Statement 43 — Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans which applies to OPEB trust funds. At this time the city has no OPEB trust fund established for Post Employment Benefits, however, this might be an option in the future. This proposal also covers Statement 43 in the event that OPEB trust funds may be established during the duration of the contract. After proposals are received, proposed costs for the actuarial services will be reviewed. Proposers are asked to detail their costs and make any suggestions of work that can be accomplished by staff in order to keep the costs as reasonable as possible. The city will issue a contract to the Consultant, which will be tailored to the specific needs and time- line. The city may decline to execute a contract with the Consultant. II. Consultant Requirements The city is seeking a single provider of these actuarial services who shall have a minimum of five (5) years experience in providing accounting, actuarial and financial services to governmental entities in the area of financial reporting and health benefits, preferably with recent experience with GASB Statement 43 or 45. Primary staff with responsibility for administration of the contract resulting from this RFP is to have a minimum of three (3) years experience in accounting, financial reporting and actuarial work for governmental entities. Please provide a list of governmental references for which you have provided GASB 43 and/or GASB 45 services. The Project Manager and Supervisor are required to be Certified Public Accountants (CPA) or Certified Actuaries. The individual(s) responsible for the actuarial valuation are to be members of the American Academy of Actuaries and have knowledge and cp C9 experience with all actuarial standards and practices adopted by the Actuarial Standards Board. The responsible individual(s) for the accounting activities shall be a Certified Public Accountant. III. Background The City of Hutchinson has distinct employee health benefit plans. All are subject to the provisions of state law, MS 471.61, subd. 2b, that allow a former employee and the employee's dependents to continue to participate indefinitely in the employer- sponsored hospital, medical, and dental insurance group that the employee participated in immediately before retirement. All are subject to the provisions of Minnesota Continuation Laws under primarily MS Chapter 62A and the Consolidated Omnibus Budget Reconciliation Act (COBRA) that allow former employees to continue health care benefits for generally up to 18 months. All are subject to MS 299A.465 which calls for the employer to continue to pay the employer share of costs for health insurance premiums for a disabled public safety officer and his or her dependents until the former employee reaches age 65. All comport to the requirements of the Internal Revenue Code for funding "welfare benefits" including IRC 83(h). It is envisioned that this work will commence in early 2009. The final report provided by the actuarial firm shall be completed by May 8s', 2009 to allow adequate time to review and incorporate the information into the city's Comprehensive Annual Financial Report (CAFR) ending December 31, 2008. The fiscal year end for the city ends on December 31. The City of Hutchinson is currently audited by the CPA firm ABDO EICK & MEYERS LLP. Information regarding the city's retiree health & dental plan and contract requirements can be found in an Appendix to this RFP. IV. Scope of Work A. Project Scope The city is seeking a single provider of these services, however proposers may subcontract a portion of the work, but there must be a single firm identified to serve as the overall project manager and to be accountable for the total work program proposed. All subcontractors must be clearly identified in the proposal and all subcontractor agreements in place at the time of the final contract award. Such agreements must be available for inspection by the City upon reasonable notice. B. Duration of Contract It is anticipated that the consulting relationship will extend beyond the initial three years identified by this RFP for subsequent actuarial valuations and reports that are required under the provisions of GASB 45. The Consultant should provide (.0c�) the costs for the additional services required to prepare the valuation and reports for the next three year period as part of its proposal. V. Specific Project Requirements A. The Consultant will be required to conduct an actuarial valuation of post retirement health plans as of a date established by the city. The valuation should be based on long -term benefit projections for all covered OPEB groups based upon their respective eligibility requirements (retirement and disability) and based upon their respective demographic actuarial assumptions. The projection should address and highlight the following assumptions for eligible employees and their spouses: 1. Employee Turnover, 2. Retirement Age, 3. Disability Retirement Age, 4. Mortality, 5. Projected Medical Premium Increases, Healthcare Cost Trends for our Region and Inflation, 6. Amortization Timeframe, and 7. Investment Return and Projections of this Fund The valuation will quantify the unfunded actuarial accrued liability and calculate the annual required contribution as required by GASB Statement 45. This initial actuarial valuation report should provide sufficient information to comply with both existing accounting and actuarial guidelines and should also include as a minimum: • Development of optimum actuarial funding methods and amortization periods. • Recommendation of additional steps to comply with applicable generally accepted accounting and/or actuarial principles. • Actuarial analysis and other data necessary for each entity to complete their Annual Financial Reports, including information necessary for the notes to the financial statements and required supplementary information (RSI), including responding to inquiries by auditing firms derived from their review of the Actuarial Valuation Report. • Information useful in assessing future potential demands on the city's cash flows. In addition to the initial valuation the Consultant should plan on preparing the subsequent triennial valuation and report. B. In addition to the basic services of providing an actuarial valuation, the other services may be required, but may not be limited to, the following with costs to be determined on an hourly rate: (�O (�)' Telephone conferences with the actuary on pending or anticipated issues which may affect the actuarial report. Technical advice regarding Employee Contracts and their impact on future liabilities. VI. General Project Requirements A. Overall Project Management The successful proposer will be required to work closely with the designated Project Manager from the city. Similarly, the successful proposer(s) will be expected to identify an individual who will serve as the key contact person and to specify other staff that will perform various tasks. Any substitutions of Consultant's staff during the course of the contract must be agreed upon by the individual contract holder in advance. City of Hutchinson Contact: Jeremy Carter, Finance Director City Center. 111 Hassan Street SE Hutchinson, MN 55350 320 - 234 -4241 320 - 234 -4240 -fax jcarter@ci.hutchinson.mn.us City of Hutchinson Contact: Brenda Ewing, Human Resources Director City Center. 111 Hassan Street SE Hutchinson, MN 55350 320 - 234 -4213 — phone 320 - 234 -4240 -fax bewing@ci.hutchinson.mn.us B. Audit/Public Information Requirements Pursuant to Chapter 6.551 of the Minnesota Statutes, the successful proposer will be required to maintain all books, documents, papers, account records, and other evidence pertaining to work performed under any Agreement issued in such a manner as will readily conform to the terms of such Agreement and to make such material available at proposer's office at all reasonable times during the Agreement and thereafter up to six (6) years for audit or inspection by the City and their respective auditors, or any other authorized individuals. The successful proposer will also be required to comply with the data practices requirements contained in Minnesota Statutes, Chapter 13.05. (, CY- )- VII. Required Information /Content of Proposals A. Content To facilitate review of the information submitted, proposals must contain the following information presented in the order shown: Proposal Form duly signed by a person authorized to make representation for the proposer. 2. Cover letter describing firm including, but not limited to number of employees, locations, years in business, the professional credentials of the primary staff who will be working on the project and their years of experience, etc. 3. Description of proposer's overall approach or solution a. Approach, rationale b. Use of subcontractors and their roles and responsibilities c. Overall project manager VIII. Instructions for Submitting Proposals A. Copies and Closing Date Proposals should be submitted to the City of Hutchinson by e- mailing them to jcarter ,ci.hutchinson.mn.us. One record copy should be submitted by mail with the name of the company and the words "GASB Statement 45 RFP" clearly labeled on the outside to City of Hutchinson, 111 Hassan Street SE, Hutchinson, MN 55350. The top page of the record copy must include an original signature by an individual who is authorized to make representations and commitments on behalf of the proposer. Failure to include this original signature may result in the disqualification of the proposal. Proposals are due by January 30th, 2009. B. Public Information Only the name of a responder's data submitted by a business in response to the Request For Proposal becomes public information. All other data in the response to the Request For Proposal is private or nonpublic data until completion of the evaluation process. "Completion of the evaluation process" means that the City of Hutchinson has completed negotiating the contract(s) with the selected vendor. After the city has completed the evaluation process, all remaining data submitted by all responders are public with the exception of trade secret data as defined and classified in Minn. Stat.§ 13.37. A statement by a responder that submitted data are copyrighted or otherwise protected does not prevent public access to the data contained in the response. Proposals submitted in response to an RFP become the property of the City of Hutchinson and will not be returned. C. Questions For general questions contact Jeremy Carter, Finance Director of the City of Hutchinson, at 320 - 234 -4241 or at jcarter @ci.hutchinson.mn.us. (, (-)C)- General Terms and Conditions Non - Assignability The Consultant shall not assign any interest in an agreement arising out of this RFP and shall not transfer any interest in the same, whether by subcontract or assignment without the prior written consent of the city. 2. Indemnification The Consultant shall indemnify, hold harmless and defend the city, its officials, agents, and employees against any and all liability, losses, costs, damages, expenses, claims or actions, including attomey's fees, which the city, its officials, agents, or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the Consultant, its officials, agents or employees, in the execution, performance, or failure to adequately perform actuarial or accounting obligations pursuant to an agreement arising out of this RFP. 3. Alteration Any alteration, variation, modification, or waiver of the provisions of an agreement arising out of this RFP shall be valid only after it has been reduced to writing and duly signed by both parties. 4. Independent Consultant It is agreed that nothing contained in an agreement arising out of this RFP is intended or should be construed as creating the relationship of agents, partners, joint ventures, or associates between the parties to an agreement arising out of this RFP or as constituting the Consultant as the employee of the city for any purpose or in any manner whatsoever. The Consultant is an independent consultant and neither it, its employees, agents, nor representatives are employees of the city. From any amounts due the Consultant, there will be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other purposes which are associated with an employer - employee relationship unless required by law. Payment of federal income tax, FICA payments, and state income tax are the responsibility of the Consultant. 5. Insurance Professional and Personal Services It is the responsibility of the Consultant to purchase and maintain such insurance that will protect the Consultant from claims which may arise out of or result from operations of the Consultant under the terms of an agreement arising out of this RFP. However, the Consultant shall purchase and maintain the following insurance coverage. a. Professional Liability/Errors and Omissions b. Workers' Compensation as required by Minnesota Statutes c. General Liability The Consultant shall not commence work until the city has executed an agreement arising out of this RFP; the city will not execute an agreement arising out of this RFP until the Consultant has submitted proof of coverage in compliance with the requirements of this paragraph to the city. Such coverage is to remain in effect throughout the term of an (.0 Cy)-, agreement arising out of this RFP and evidence of such shall be provided throughout the term of an agreement arising out of this RFP. The Consultant shall provide copies of all insurance policies to the city upon written request of the city. All Certificates of Insurance shall provide that the insurance company gives the contracting city thirty (30) days prior written notice of cancellation, non - renewal and/or any material change in the policy. The above sub - paragraphs establish minimum insurance requirements, and it is the sole responsibility of the Consultant to purchase and maintain additional insurance that may be necessary in connection with an agreement arising out of this RFP. 6. Compliance with Applicable Law The Consultant agrees to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Consultant's performance of the provisions of an agreement arising out of this RFP. It shall be the obligation of the Consultant to apply for, pay for and obtain all permits and/or licenses required by any governmental agency for the provision of those services contemplated herein. 7. Access to Documents Until the expiration of six (6) years after the furnishing of services pursuant to an agreement arising out of this RFP, the Consultant, upon written request, shall make available to the city, the State Auditor or the contacting city's ultimate funding sources, a copy of an agreement arising out of this RFP and the books, documents, records and accounting procedures and practices of the Consultant relating to an agreement arising out of this RFP. 8. Data Practices All data collected, created, received, maintained or disseminated for any purpose in the course of the Consultant's performance of an agreement arising out of this RFP is governed by the Minnesota Government Data Practices Act, Minn. Stat, Ch. 13, or any other applicable state statutes, any state rules adopted to implement the Act and statutes, as well as federal statutes and regulations on data privacy. 9. Conflict of Interest The Consultant will affirm that, to the best of the Consultant's knowledge, the Consultant's involvement in an agreement arising out of this RFP will not result in a conflict of interest with any party or entity which may be affected by the terms of an agreement arising out of this RFP. The Consultant agrees that, should any conflict or potential conflict of interest become known to the Consultant, the Consultant will immediately notify the city of the conflict or potential conflict, specifying the part of agreement arising out of this RFP giving rise to the conflict or potential conflict, and will advise the city whether the Consultant will or will not resign from the other engagement or representation. 4� 10. Unavailability of Funding The purchase of services from the Consultant under an agreement arising out of this RFP is subject to the availability and provision of funding from the United States, the State of Minnesota, or other funding sources. The city may immediately cancel an agreement arising out of this RFP, or a portion of the services to be provided under an agreement arising out of this RFP, if the funding for the services is no longer available to the city. Upon receipt of the city's notice of cancellation of an agreement arising out of this RFP, or of a portion of the services to be provided under an agreement arising out of this RFP, the Consultant shall take all actions necessary to discontinue further commitments of funds to the extent they relate to an agreement arising out of this RFP or the portions of an agreement arising out of this RFP for which funding has become unavailable. 11. Interpretation of An Agreement Arising Out of this RFP; Venue An agreement arising out of this RFP shall be interpreted and construed according to the laws of the State of Minnesota. All litigation regarding an agreement arising out of this RFP shall be venued in the appropriate state or federal district court within the contracting city. 12. Firearms No provider of services pursuant to an agreement arising out of this RFP, including but not limited to employees, agents or subcontractors of the Consultant shall carry or possess a firearm on the city's premises or while acting on behalf of the city pursuant to the terms of an agreement arising out of this RFP. Violation of this provision shall be considered a substantial breach of the agreement arising out of this RFP; and, in addition to any other remedy available to the City under law or equity, violation of this provision is grounds for immediate suspension or termination of this contract. 13. Equal Employment Opportunity The city provides equal opportunity to all employees and applicants for employment in accordance with applicable Equal Employment Opportunity/Affirmative Action laws, directives and regulations of federal, state and local governing bodies or agencies thereof, specifically Minnesota Statute 363. The city will not discriminate against or harass any employee or applicant for employment because of race, creed, religion, national origin, sex, mental or physical disability, age, marital status, or status with regard to public assistance, sexual orientation, familial status or politics. 8 cD C9 Appendix A: Health Plan numbers: Single member #'s Family member #'s Dental Plan numbers: Single member #'s Family member #'s The following information can be provided for each participant by the City of Hutchinson upon contract finalization: ❑ Name ❑ Status (active, disabled, retired, beneficiary) ❑ Social Security Number (or insurance participant number) ❑ Gender ❑ Date of Birth ❑ Date of Hire ❑ Date of Retirement ❑ Type of medical coverage (single, couple, family) ❑ Spouse date of birth (as applicable and available) ❑ Salary (most recent year only) ❑ Life Insurance Amount Written documentation of the benefit plans along with any recent plan or benefit changes with effective dates can be provided by the city. In addition, current monthly premium rates paid by the employer and employee along with the most current years of claims experience can be provided. Any additional information will be made available upon request. v-9 TO: Mayor & City Council FROM: Gary D. Plotz, City Administrator DATE: January 8, 2009 SUBJECT: ATM Machine in City Center Lobby Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350.2522 320 - 587- 515LT= 320-234 -4240 An ATM machine is hereby requested to be purchased and placed in the City Center lobby. Based on the expected revenue the ATM machine will have of payback within 4 — l2 months, staff feels this will be beneficial to the City. Since this is a capital expenditure, this purchase would be an exception to our internal policy because of the short payback period. I recommend the purchase of the ATM machine. Printed on recycled paper - (0c� To: City Council From: Marilyn Hed Subject: ATM We have checked with our local banks to have an ATM in our Iobby to make it easier for our citizens to purchase tabs at our office. I have received other quotes from vendors which has brought me to the conclusion of purchasing a machine to put in the lobby for all citizens access for other city fee transactions such as water, utility and garbage. With the purchase of this machine we will retain the service fee of $2.50 for each transaction. Also I have checked with the Cokato office for motor vehicle and they have had an ATM in their office for over a year and are satisfied. (.0c� C" OfA.0k, Purchase Requisition Purchase Order Number Department: Motor Vehicle Account # Date: January 8 2009 Submitted by: Marilyn Had Check the appropriate box. Is item budgeted? YES NO If not budgeted, where will the money come from? Initial approval in the space provided I Dept Head Director Finance Director City Administrator Invoice To: Ship To: (if different address) Attn: Hutchinson Motor Vehicle i4ttn' 111 Hassan St Se Check if only source available and state reason Hutchinson Mn 55350 Vendor Name: United Cash Solutions Contact Name: Joe Harvey Customer Acct No: Reference No: Phone No: 1- 320 - 761 -7434 Fax No: Address: 800 Cummings Center Beverly MA 01915 Comments: Check if only source available and state reason QUANTITY DESCRIPTION UNIT PRICE TOTAL 1 NH 1500 ATM $2995.QO SUBTOTAL TAX (6.5 %) SHIPPING CHARGE TOTAL DUE 194.67 $3189.67 RECEIVING INFORMATION: Date Received: Received by: Invoice Amount Verified by: List additional quotes and comments on the reverse side of this form. (You may attach quote sheets if available) cp C� If you are behind on your mortgage payments, a'wrorkout" may be available through your lender. Workouts are special arrangements to bring your loan current and prevent foreclosure. Not all of these options may be right for you; talk with your lender to find out which ones are available. Ask for any proposed workout to be sent to you in writing before you agree to it. If you have questions or need help understanding a workout option, contact a foreclosure counselor. Options for remainina in your home: Reinstatement: A reinstatement is when you pay the full amount you owe (total of past due monthly payments plus all fees) in a lump sum by a specific date. Repayment plan: Under a repayment agreement, you would make your regular monthly payment to your lender plus some extra each month to catch up over several months. Forbearance: If you have the resources to bring your loan current but need time to get the total amount, your lender may approve a forbearance agreement to temporarily reduce or suspend your payments. Forbearance is often combined with a reinstatement if you know you will have a lump sum of money available at a future date to pay the total amount you owe. Loan Modification: In a loan modification, you would typically have to pay some of the amount you owe, and then the rest of the amount you owe would be added back into your loan. This could result in a change in your monthly payment amount. Some loan modifications involve changing the interest rate from an adjustable rate to a fixed rate, or extending the number of years to repay the loan. You may need a short-term forbearance before a loan modification is approved; during this time you would save money for the loan modification to demonstrate that your situation has stabilized. Partial Claim or Partial Release: If your mortgage is insured, you may qualify for a low interest or interest -free loan to bring your loan current through the insurer (usually FHA). This loan would be repaid at a later date, usually when you pay off your first mortgage or sell your home. Options for moving out of your home: Pre - Foreclosure Sale or Short Sale: If you can no longer afford your home, this option involves selling your house to prevent foreclosure. If you owe more on the home than its value, your lender may agree to accept less than what is owed on the mortgage. Typically you would need a 3 -5 month period for your real estate agent to sell the house to a qualified buyer. There may be income tax consequences with a short sale; talk to a tax preparer to find out. Deed -in -lieu: If you can no longer afford your home, another option may be a deed -in -lieu of foreclosure, when your lender may agree to forgive the debt you owe if you sign over (give back) the property. Typically you would first have to try to sell the home for 90 days before the lender would consider this. If you have a second mortgage or judgment on the property, a deed - in -lieu may not be an option. There may be income tax consequences with a deed -in -lieu; talk to a tax preparer to find out. Minnesota+ Home Ownership 0 2008 Minnesota Home Ownership Center r -PntPf The term "redemption period" refers to the period of time after a foreclosure sale (sheriffs sale) has been held. For residential property in Minnesota, the redemption period is typically six months, but in some cases twelve months. The length of the redemption period is listed on the sheriff's sale notice. What happens Aqdm the redemption period? • The homeowner can continue to live in the home until the end of the redemption period. • If the owner wants to keep the property, the owner must pay off the entire balance of the existing mortgage. The past due payments of a mortgage loan cannot be "caught up" after the sheriffs sale. • The owner has the right to sell the home and retain any equity that may exist. If there is equity, selling the home is always preferable to losing the equity at the end of the redemption period. Seek a free market analysis from several reputable real estate agents to determine a realistic value of the home. • After the sheriffs sale date, interest continues to accrue daily at the note rate, which increases the outstanding loan balance. • The owner has the responsibility to pay utilities and keep the property maintained. • The owner should keep homeowners insurance in place. • The redemption period can be shortened to 5 weeks if a judge determines that the property has been "abandoned" and is no longer occupied or maintained. What happens at the end of the redemption period? • whoever holds the sheriff's sale certificate becomes the rightful owner of the property. • The owner should vacate the property. They cannot legally remain in the residence. • If the owner has not moved out by the end of the redemption period, they will be asked to vacate the premises by a specific date. If they do not comply, the new owner can evict them by filing an "unlawful detainer", which goes on record and can negatively affect future credit. • If the mortgage company is the new owner, they will sell the property. If the house sells for more than what was owed, the mortgage company will keep any excess proceeds. Other Issues: Filing bankruptcy may extend the redemption period 60 days from the date filed. This may allow time to complete a sale of the property, and to retain equity. Seek legal advice if this option is considered. Some lenders may offer an incentive where homeowners receive up to $2000 for moving out before the end of the redemption period. For loans that are FHA insured, this is called "Cash for Keys" and is for up to $1000. Contact the lender to ask if this incentive is available, and under what conditions. If there are loans or liens on the property in addition to the mortgage that foreclosed, the unpaid loans /liens may remain as unsecured, personal debts to be paid even after the property changes ownership. If there is more than one mortgage, be sure to seek advice from a qualified foreclosure counselor or attorney. There are tax consequences of foreclosure; seek advice from a qualified tax professional about how this applies. This information is a general guide and not intended as legal advice. The above does not apply to contract for deed cancellations or mobile home repossessions. i1 t L Lutheran Soci�f Minnesota l Service Home Ownership Center s 651 65993:50 051.659. 95 IS fi01 !r 866.4b7. 5466 Source: LSS Financial Counseling Your Rights During the Redemption Period fact sheet www.noa *in. ory Foreclosure Process In Minnesota Foreclosure by lavcrtrsement Lender calls and sends letter(s) to homeowner. Collections department continues calls and letters. 30 -day default letter sent to homeowner. Collections efforts continue. Transfer to foreclosure department. 'Notice of Intent to Foreclose' sent to homeowner. Account forwarded to foreclosing attorney. Legalfees accrue. Attorney sends notice to homeowner. Foreclosing attorney schedules Sheriffs Sale date. Occupant served with notice of Sheriffs Sale. (Four weeks before sale.) Sheriff's Sale occurs. (Deadline to bring mortgage current.) Sheriffs Sale 6 month redemption period date immediately follows Sheriffs published for Sale. Homeowner retains right to 6 consecutive occupy house and payoff entire weeks. mortgage including fees. Must pay off mortgage or vacate house by end of redemption period or face eviction. Lender has right to refuse partial payments. Late fees charged each month. Homeowner has right to reinstate by paying delinquent amount including all fees. NOTE. This document represents average timeframes and will vary by lender. Information is not presented as legal advice. 2008 Minnesota Home Ownership Center � 1 Minnesota `r t Home Ownership Center www.hocmn.org CALL TO ACTION Spread the word about upcoming Borrowers Workshops. -1 Minnesotat : t Home Ownership Center p ti91.059.9336 - a- 651.659 9518 r R if.',, 866 462 6466 wv v. hoano.ory These open -house events are geared towards reaching distressed homeowners early, before they risk losing their home to foreclosure. Trained counselors and lending volunteers will be on hand to meet with homeowners one -on -one to help them understand the foreclosure process and learn what steps they can take to avoid foreclosure. Lead homeowners to foreclosure prevention counseling. Our network counselors have the capability and skills to work with homeowners at all stages of the process, whether they are worried about their interest rate resetting, having trouble making payments, or facing foreclosure. To find a foreclosure prevention provider in your area, call the Minnesota Home Ownership center at 651- 659 -9336 or visit www.hocmn.org n -a,_h roiisurners. • Spread our flyers around. • Get us the name of your local reporter / media rep. • Sponsor or coordinate a mass - mailing. Schedule a Foreclosure Prevention Training Workshop. We would love to present today's workshop to others at your organization. If you can coordinate SO- 100 people to attend the presentation, the Center can take this presentation 'on the road.' ;ua „w;p for our ListServe — And get others to do the same. Get the most up -to -date information about homeownership in Minnesota, including practical foreclosure prevention resources, legislative updates, and foreclosure prevention workshop announcements. Sign up today, or email ed @hocmn.org Give us feedback. What haven't we thought of yet? Do you know of any resources or events that the Minnesota Home Ownership Center should be aware of? Share your thoughts with the staff of the Center at 651- 659 -9336. DATE: TO: FROM: CC: SUBJECT: Background: MEMORANDUM January 7, 2009, for the January 13, 2009 City Council Meeting Hutchinson City Council Rebecca Bowers, AICP, Planning, Zoning and Building Director Gary Plotz, City Administrator Vacant Housing Issues and Research The city has been encountering an increasing number of problems due to vacant houses from foreclosures. As directed by the City Council, staff has been researching the vacant housing problem and how other cities are dealing with the problem. Some of the problems that result from vacant houses are negative impacts to neighborhoods such as junk, garbage and overgrown lawns and weeds from lack of outdoor maintenance, damage to the housing stock due to disconnected utilities, such as water leaks, broken pipes, and flooded basements. Broader potential issues affecting the city could be declining property values, blight, increased vandalism and crime. Research: The attached spreadsheet gives a sample of how cities are dealing with the vacant housing problem. The main area of concern is unoccupied, unsecured and dangerous or nuisance properties. As expected, larger cities such as Minneapolis, have more in depth programs due to the larger number of vacant houses. Cities with registration programs use the registration fees as a method to recoup some of the costs of dealing with vacant properties, such as staff time, costs of securing the home and boarding windows. Some cities have limited involvement with vacant structures, such as shutting off water and only dealing with exterior code violations. Minneapolis is aggressively monitoring vacant homes, ordering rehab and demolishing substandard structures. Attached are two examples of recently adopted ordinances, Brainerd and Burnsville, for your review. Brainerd's ordinance does not require registration, but authorizes the Building Official to order vacant homes to be secured and has a process for recovering costs. Burnsville's ordinance requires registration, interior inspection, and approval before occupancy of the building is allowed. Policy Questions: Attached are a few policy questions that staff is requesting feedback on in order to develop a program and vacant house ordinance that meet's the Council's objectives. Staff will be at the meeting to provide additional information and answer questions. 9�)- City Council Memo January 13, 2009 Vacant Housing Issues Page 2 Policy Ouestions on Vacant Houses 1. Timing of City involvement and how pro- active do we want to be? • Respond based upon complaints only? • Require registration of all vacant homes and actively seek out vacant homes from Sheriff Sale list and utility shutoffs? 2. If secured and no obvious Code violations, should the City require vacant registration? 3. Is the City mostly concerned about exterior conditions (blight, garbage, weeds) or should we be involved with the interior condition of the home and utilities. • Try to prevent damage due to water breaks and freezing? 4. Who pays for services and when? Registration fees or charges billed or assessed if not paid. Bill charges to property owner. If bills not paid, delinquent fees assessed to property. Registration fees would only be an estimate of possible charges. Consider charging for excessive consumptions of services. Abatement fees should be punitive to avoid the City being used as property maintenance service. 5. How often should we monitor these homes and required conditions before occupancy • Exterior /safety monitoring only? • Require interior inspection and compliance with code violations before legal to occupy? Q(a City Time Frame for Registration Registration Fees Method of Fee Collection Primary Concern Utility Shutoff 4noka Within 30 days of vacancy $250 plus 112 of permit fee Within 30 days, prior to issuing permit Unoccupied, unsecured, and/ or dangerous buildings Brainerd Registration not req'd. Secure/monitor Within 30 days, assessed 0 defaulted on Securing vacant buildings, vacant, unoccupied, hazard Brooklyn Center Within 30 days of vacancy Not yet determined in fee ached Council certifies costs against property Vacant props inviting to vandals, illegal occupancy Brooklyn Park Registration not req'd. Vacant or likely to become Notify water dept., shut vacant buildings off at curb stop Burnsville Within 30 days of vacancy Nominal insp fee, and annual Within 30 days, prior to issuing permits Unoccupied, unsecured, If water is off, shut off adminlmonitori g fee Delinquent fees are assessed and/or dangerous buildings & turn on hies apply Columbia Heights No registration, C. of O. is revoked, prop. posted Insp fee req'd prior to issuing Abandoned properties new C. of O. Coon Rapids No registration. Building is secured if vacant. Assessed a monitoring fee $140 excessive services fee Minneapolis Within 5 days of becoming vacant. $6000 annual registration fee St. Paul Within 30 days of becoming vacant. $1000 annual registration fee $426 insp fee, $5000 bond Assessed to property Vacant, unsecured, and nuisance buildings Within 5 days of vacancy, then assessed Unoccupied, unsecured, or plus 8% per annum, raze or rehab fee plus condemned buildings 15% of coat incurred Within 30 days of vacancy and prior to Unoccupied, unsecured, or issuing any permits dangerous buildings Water is shut off at bldg vacant, unsecured, uninhabitable Brainerd City Code 445 (New 2008) Section 445 - Vacant Dwellings and Buildings 445.01 Purpose. The purpose of this Section is to regulate vacant and hazardous dwellings and buildings in order to enhance the livability and preserve the tax base and property values of buildings within the City by assuring that vacant buildings that are capable of rehabilitation are adequately secured to prevent further dilapidation and those buildings that are not capable of rehabilitation are promptly demolished. 445.03 Findings. The City Council finds, determines and declares that buildings which remain vacant and unoccupied for an unreasonable period of time become an attractive nuisance to children, a harborage for rodents, an invitation to derelicts, vagrants and criminals as a temporary abode, and an increased fire hazard; that the owners of such buildings may permit the buildings to become dilapidated since the buildings are often economically obsolete and the owners of such buildings are unwilling to expend the necessary funds to secure the buildings; that such buildings contribute to the growth of blight within the City, depress market values of surrounding properties; require additional government services; constitutes an unreasonable use and condition to the annoyance, discomfort and repose of a considerable number of the public, and thus may constitute a nuisance condition. Adequate protection of the public health, safety and welfare, therefore, requires the establishment and enforcement of the means by which such nuisance conditions may be abated. 445.05 Securing Vacant Buildings. Subd. 1 In general, if any building becomes vacant or unoccupied and is deemed hazardous due to the fact that the building is open to trespass and has not been secured and the building could be made safe by securing the building, the Building Official may order the building secured and shall cause notice of the order to be served upon the owner of the premises. Such notice may be served personally or by mail. Service by mail is completed upon mailing a copy of the order to the owner, by first class mail, at the last known address. If the owner fails to comply with the order with six (6) days after the order is served, the Building Official shall cause the building to be boarded up or otherwise properly secured. Whenever a building is boarded up pursuant to the authority of this Section, the building official may cause all openings to the building to be boarded and secured. Subd. 2. Emergencies. When it is determined by the Building Official, the Chief of Police, or the Fire Chief that an emergency exists with respect to the health or safety of persons in the community, and immediate boarding and securing of a building is required, and where danger will exist to children, transients or others in the absence of an immediate boarding or securing of the building, the Building Official, or the Chief of Police, or the Fire Chief may waive all requirements herein and immediately board or otherwise secure the building, provided that: 9 cad �e-AWMD (1) The conditions showing the existence of an emergency are documented by the Building Official, Chief of Police, or Fire Chief or their designees. (2) Notice is mailed immediately by the department invoking this Section to the address of the owner and taxpayer, and, if recorded on the Assessor's rolls, the address of the mortgage holder, of the date of the boarding or otherwise securing and the reasons therefore. Subd. 3 After a vacant or unoccupied building has been boarded or otherwise secured under this Section, should the owner fail to maintain the building in a secured condition until such time as it has been repaired and occupied, the Building Official shall re- secure any openings into the building whenever it becomes open to trespass, without further notice to the owner. 445.07 Collection of costs. All costs incurred by the City for boarding or otherwise securing a building under this Section, including, but not limited to the actual costs for boarding, inspecting, posting, administration and monitoring the building shall be the responsibility of the owner. Payment of the costs incurred by the City shall be due within thirty (30) days of such notification. Upon default of payment after the thirty (30) days, the costs shall be levied and collected as a special assessment against the property. (Ordinance No 1322) 9 ct I ORDINANCE NO. 1144 CITY OF BURNSVILIA MINNESOTA AN ORDINANCE ADDING TITLE 4 CHAPTER 10 TO THE THE BURNSVILLE CITY CODE CONCERNING VACANT PROPERTIES THE CITY COUNCIL OF TIM CITY OF BURNSVILLE, MINNESOTA ORDAINS: SECTION 1. Title 4 (Building Regulations) of the Burnsville City Code is• amended to add Chapter 10: Vacant Properties to read 4.10 -1: DECLARATION OF POLICY: The purpose of this chapter is to protect the public health, safely, and welfare by cawnuent of this ordinance that: (1) Establishes a program for identification and registration of vacew buildings. (2) Determines the responsibilities of owners of vacant buildings and structures. (3) Provides for administration, enforcematit; and penalties regarding this program and the regulations. 4 -10-2: DEFINMON& Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section. CODE VIOLATIONS: Violations of any code adopted and/or entbrced by the city, which may include but is not limited to the city Code, the State Building Coder Fire Code, and Zaniog Coda DANGEROUS STRUCTURE: A structure that is potentially hazardous to person or Property, including, but not limited to: 1. A structure which is in danger of partial or complete collapse; 2. A structure with any exterior pasts which are loose or In danger of filling; or 3. A structure with any pasta, sock as floors, porches, railings, stain, ramps, balconies or ro^ which we collapsed, in danger of colispaing or unable to rapport the weight of normally imposed loads, or otherwise determined to be hazardous or dangerous in their present condition. ENFORCEMENT OFFICER The Building Official or duly authorised representative. OCCUPIED: A building that is used for legal occupancy. OWNBR Those persons shown to be the owner or owners on the rxu* of the Dakota County Department of Pr%wW Taxation and Records, those identified as the owner or owners on a vacant building registration form, holder of an untworded contract for deed, a mortgagee or vendee in Possession, a mortgagor or vendor in possession, assignee of recta, receiver, esecutar, trusts% lessen other person, firm or corporation in control of the f caold of the promises or leaser scale therein. Any such person shall have a joint and several obligation for oomplienoe with the provisions of this chapter. SECURED BY OTIMR THAN NORMAL MEANS: A building secured by mans other then those used in the design of the building. I La)- 6LA,4NS L) ! t6 Ordinance No. 1144 Page 2 A building that is not being used for a legal occupancy. UNSECURED: A building or portion of a building that is open to entry by unauthorized persons without the use oftools or ladders. VACANT BUILDING: A commercial, industrial, multi- family, or residenhal_building or portion of a building that is: 1. Unoccupied and unsecured; 2. Unoccupied and secured by otter than normal means; 3. Unoccupied and a dangerous stnnfitte; 4. Unoccupied and condemned; S. Unoccupied and has property maintenance or building code violations; 6. Condemned and illegally occupied; 7. Unoccupied and in the process of foreclosure identified by a notice of pendency filed with the county; or S. Unoccupied and foreclosed upon as ldentified by the county. 4.10 -3: VACANT BUILDING REGISTRATION: (A) The Owner of a vacant building shall register with the enforcement officer not laser than thirty (30) days aft any building in the city becomes a vacant buildfog, as defined in Section 4 -10-2, and every twelve (12) months thereafter so long as the building remains vacant The Owner shall pay a vacant building fee in the amount prescdW in this Chapter or the City's annual adopted fee ordinance for each registered building. (B) The registration shall be submitted on forms provided by the enforcement offices and ahail include the following information supplied by the owner. (1) A description of the promises; (2) The name, phone numbers, e-mail, and addresses of &a owner(s) and contact parson; and (3) The names and addresses of all (mown ilenholden and all other parties with an ownership interest is the building. (C) The owner shall comply with all applicable laws and codes. The owner shall notify the aniouosment oicer of any changes in fiAmnation supplied a pot of the vacant building registration within thitty (30) days of the change. (D) The owner shell hasp the building secured and sah and the building end grounds properly maintained until the property Is reoccupied, including but not limited to mowing the lawn, removing mow from public sidewaU providing adequate had or disconnecting water service during winter months, and securing other utility and property related services. Oa) Any vacant building that is provided with an automatic tiro sprinkler system shall have the system maintained and operational at all those. (l) Auer vacant commercial, industrial, or mufti - family building shall maintain the required fire apparatus access roads. (G) Paiiwn of the owner or any subsequent owner to maintain the building and premises shall be subject to any enforcement actions or penalties provided by law including an abatement completed by the city and messed against the property pursuant to state law and city code. C� La)- �,,,ieN�.tui✓ Ordinance No. 1144 Pap 3 (H) Vacant building fees: 1. The owe of a vacant building shall pay an amusl registration fee as outlined in city policy nub yea the building - remains. a vacant building. The registration fee is intended to st.leael partially recoup and be reasonably related to the administrative costs for registering and processing the vacant building owner registration Form and for the coats of the city in monitoring the vacant building site. 2. The first annual fee shall be paid no later than dirty (30) days after the building becomes vacant. If the fee is not paid within thirty (30) days of being due, the owner shell be subject to prosecution as prescribed in Section 4 -10-8. 3. The fee shall be paid in fidl prior to the issuance of any building permits or approval to re- occupy the structure, with the exception of a demolition permit. 4. All delingaant fees shall be paid by the owner prior to any trwsfer of an ownership interest in any vacant building. N the fear are not paid prior to any transft, the new owner shell pay the annual fee no later than thirty (30) days after the transfer of o aunihip and subsequent annual has shall be due on the new anniversary date. The City may assess any delinquent n&kation fees and administration coats. (1) The owns of a vacant building is responsible to clearly post in a predominant location inside the building a disclosure infomning potential buyers of code violations, assessments, or delinquent utility charges against the property. (3) no enforcement officer shall include in the file any property- specific written statements fiom community organizations, other interested parties or citizens regarding the history, problem; status or blighting influence of a vacant building 4 -10.4s EXEMPTIONS: A building that has suffered fire damage shall be exempt firm the registration requirement For a period of ninety (90) days altar the date of the fire. The exemption may be extended if the property owner submit a request for extending the exemption in writing to the mfarument oflow. This request shall Include fire following information supplied by the owner: (1) A description of the promises. (2) The names, phone numbers, a -mail, and addresses of the owns or owners. (3) A statement of indent to repair and reoccupy the building in an expedient manna. 4 -10.5: INSPECTIONS: The eefarcement officer shall inspect any preman in the city for the prpow of enforcing and assuring compliance with the provisions of this chapter. Upon the request of the mfw crust officer, an owns shall provide access to all interior portions of an unoccupied building in order to permit a complete inspection 4106: SALE OF VACANT BUILDING: The new owner(s) shill register or raregists the vacant building as provided in Section 4-103, with the enforcement officer within thirty (30) days of any tranafs of an ownership interest in a vacant building a cad Ordinance No. 1144 Page 4 4-10-7: OCCUPANCY: No vacant building may be occupied without an inspection and approval by the City for occupancy. Oecupency shalt not be pm tad if there are_proparty maintenance violatons on.aita ur if the *Pqt qe is deemed uninhabitable by the Building Official. 4-10.8: PENALTIES: Any person violating any Provision of this chapter or providing false information to the enforcement officer shall be punished u provided by Section 1-4.1 of this Code. 4 -10-9: ALTERNATIVE PROCEDURES: Nothing in this chapter sW be deemed to abolish or impair existing remedies of the city authorized under the City Code or Minnesota Statutes Secdone 463.15 through 463.26. S WnW 2. This ordinance shall be efiectve lanuary 1, 2009 and after said publication of such. ADOPTED this 1' day of December, 2008, by the City Council of the City of Bumsville, Minnesota. 9 Ca� An Economic Development Authority MEMORANDUM Date: January 8, 2009 To: Honorable Mayor & City Council From: Miles R. Seppelt EDA Director RE: Council Appointment to EDA Board At their meeting of January 7, 2009, the EDA Board of Directors passed a resolution recommending Councilmember Chad Czmowski for appointment to the EDA Board. The Board felt that Mr. Czmowski was the most qualified candidate for a number of reasons: First, because he was the owner of a downtown business and a member of the Hutchinson Downtown Association, he would have a "vested interest" in the downtown. Second, he is an experienced business person and entrepreneur and would bring those perspectives to the EDA. His business acumen will be an asset to the board. Third, because of his 4 -year term of office, he is guaranteed to bring some longevity and continuity to the EDA Board. These factors are important because the EDA frequently works on projects in which the history of the business and / or site is an important consideration. If you have any questions or need additional information, please give me a call at 234 -4223. Thank you for your time and consideration. 9 6�� Marc A. Sebora, City Attorney Office of the City Attorney a�tew� , MN 55350.2522 320. 587- 5151/F= 320434 -4201 TO: Mayor & City Council FROM: Marc A. Sebora, City Attorney DATE: January 8, 2009 SUBJECT: Nuisance Housing Ordinance When the rental registration ordinance went into effect last year, a "nuisance housing" ordinance was talked about as well. At that time it was decided not to make nuisance enforcement part of the registration ordinance so that health and safety inspections did not take on a police law enforcement function. Therefore, attached please find a proposed nuisance housing ordinance for you to consider. The ordinance covers most of the situations that the City receives complaints about, like improper storage of materials, assaultive behavior, illegal alcohol consumption, loud music, public urination, blighted buildings, etc. Two significant components of the ordinance are: First, there is a relatively short time frame for the City to abate nuisances on its own — 10 days if the owner doesn't respond to the City's nuisance notice or a maximum of 45 days if the owner requests a hearing. Of course, life threatening situations can be immediately abated by the City. Secondly, the City would have the ability to charge the owner and/or resident for repeated nuisance service calls to a property. Beginning with the third such call in a year, the City could result in the assessment of up to $2000.00 in costs to the owner /occupant of the property. I and other City directors will be happy to answer any questions you may have at the Council meeting on January 13, 2009. - Printed on recycled paper - � c� cg)-- ORDINANCE NO. 09 -0521 OFFENSES AGAINST PUBLIC PEACE AND SAFETY The Council of the City of Hutchinson does hereby ordain: Section 130.30 FINDINGS AND PURPOSE. The purpose of this section of the City Code is to prohibit certain conduct that is harmful to the health, safety, and welfare of the community and to prevent and abate nuisance conduct, events, characteristics or conditions and their deleterious effects on City neighborhoods by maximizing the means and methods by which public officers can efficiently and effectively enforce the law and by imposing and collecting service call fees from the owner or occupant, or both, of real property to which public officers are repeatedly called to respond to nuisance violations as set forth in this section of City Code. The City Council finds that excessive noise, disruption and other public nuisance activities are injurious to the public health, safety and welfare and interfere with the quiet enjoyment of life and property and that excessive nuisance service calls unduly divert law enforcement resources from general crime prevention and law enforcement. The excessive nuisance service call fee is intended as a cost recovery mechanism for excessive law enforcement services, over and above the cost of normal law enforcement services to the public, attributable to unabated nuisance conduct, conditions or characteristics occurring, maintained or permitted to exist on the private property. It is not intended to constitute punishment separate from or in addition to any criminal prosecution for the conduct underlying the nuisance or excessive nuisance service calls. Nothing herein is meant to limit constitutional rights under the federal or state constitution. Section 130.31 DEFINITIONS. When used in this section, the following words, terms, and phrases shall have the following meanings, unless the context clearly indicates otherwise: (a) Abatement notice - notice served upon property owner and/or interested party by the City Administrator or the Administrator's designee of law enforcement responses to two (2) or more nuisance service calls within a 365 -day period on property in which they have an interest pursuant to Section 130.38(c) of this City Code. (b) Alcoholic beverage - any beverage containing more than one -half of one (1) percent alcohol by volume. (c) Clandestine lab site - any structure of conveyance or outdoor location occupied or affected by conditions or chemicals typically associated with the manufacture of methamphetamine or any other unlawful manufacture of a controlled substance. (d) Disorderly house - any residential property which due to the following nuisance conduct, events, characteristics or conditions is likely to disturb, injure or endanger the peace, comforts, health, welfare, safety or character of the neighborhood or community: (1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or non - intoxicating malt liquor in violation of Minnesota law or Chapter 112 of this Code; koto (2) The possession or use of gambling devices or the conduct of any gambling in violation of Minnesota law; (3) Prostitution in violation of Minnesota law or acts relating to prostitution, or the conduct of unlicensed escort services, sexually- oriented business or massage or massage services, in violation of Minnesota law or Chapters 119 and 121 of this Code; (4) The unlawful sale, use, or possession of controlled substances as defined in Minnesota Statutes, Section 152.02; or (5) Three (3) or more verified incidents or unlawful gatherings, as set forth in subsection (n) of this Section within a 365 -day period. (e) False report to public officer - a report to any public officer that a violation of City Code or state law has been committed, knowing that the conduct or conditions reported do not constitute a crime or that the report is false and intending that the public officer act in reliance upon the report (f) Incident - single behavioral incident as defined by Minnesota Statutes Section 609.035, as may be amended from time to time. In the case of property conditions or characteristics constituting a nuisance, a single behavioral incident constitutes those violations, the existence of which is the result of a single illegal objective or coincident errors of judgment. (g) Interested party - any known lessee or tenant of the residential property or affected portion of the residential property; any known agent of an owner, lessee, or tenant; any known mortgage holder or holder of any secured interest in the residential property; any known person holding an unrecorded contract for deed, being a mortgagee or vendee in physical possession of the residential property, insurer of the property; or, any other person who maintains or permits a nuisance on the residential property and is known to the City. (h) Nuisance Incident notice - notice served upon property owner and /or interested party by the City Administrator or the Administrator's designee of a law enforcement response to a nuisance service call to property in which they have an interest pursuant to Section 138(a) of this City Code. (i) Nuisance service call - public officer response to a verified incident of any activity, conduct or condition occurring on private property that is likely to unreasonably interfere with the quiet enjoyment of neighboring properties or the safety, health, morals, welfare, comfort, or repose of the residents therein, including without limitation: (1) Unlawful gathering, as defined in subsection (o) of this Section. (2) Disorderly conduct, as defined by Minnesota Statutes Section 609.72, as may be amended from time to time. (3) Assault, as defined by Minnesota Statutes Sections 609.221, 609.222, 609.223, 609.2231, and 609.224, as may be amended from time to time, excluding domestic assaults. (4) Public nuisance, as defined by Section 130.32(6) of this City Code or Minnesota Statutes Sections 609.74 - .745, as may be amended from time to time. (5) Noise in violation of Section 130.23(A) of this City Code. (6) Unlawful consumption of alcoholic beverages in violation of Chapter 112 of this City Code. (7) The unlawful furnishing, sale, use, or possession of intoxicating liquor or non - intoxicating malt liquor in violation of Minnesota law or Chapter 112 of this City Code. l,bC9 G) (k) (8) The possession or use of gambling devices or the conduct of any gambling in violation of Minnesota law. (9) Prostitution in violation of Minnesota law or acts relating to prostitution, or the conduct of unlicensed escort services, sexually oriented business or massage or massage services, in violation of Minnesota law or Chapters 119 and 121 of this City Code. (10) The unlawful sale, use, or possession of controlled substances as defined in Minnesota Statutes Section 152.02, as may be amended from time to time. (11) Indecent exposure in violation of Minnesota Statutes Section 617.23, as may be amended from time to time. (12) Unlawful use or possession of a firearm in violation of Minnesota law or Section 130 of this City Code. (13) Failure to comply with dangerous dog requirements in violation of Chapter 93 of this City Code or Minnesota Statutes Chapter 347. (14) Failure to comply with animal noise regulations in violation of Chapter 93 of this City Code. (15) Failure to restrain a domestic animal in violation of Chapter 93 of this City Code. (16) Cruelty to animals in violation of Chapter 93 of this City Code. (17) Illegal possession of a wild animal in violation of Chapter 93 of this City Code. (18) Unlicensed dog in violation of Chapter 93 of this City Code. (19) Illegal open burning, in violation of Chapter 92 of this City Code. (20) Illegal refuse, in violation of Chapter 92 of this City Code. (21) Illegal litter, in violation of Section 130 of this City Code. (22) Abandoned or junk vehicles, in violation of Chapter 91 of this City Code. (23) Illegal exterior storage in violation of Chapter 92 of this City Code. (24) Illegal parking or storage of recreational vehicles in violation of Chapter 73 of this City Code. (25) Parking or storage of vehicles within a city street right -of -way or in violation of Chapter 72 of this City Code. (26) False report to public officer in violation of Section 130.37 of this City Code. (27) Rental of a dwelling unit without a license or in violation of the conditions of licensure in violation of Ordinance 07 -0482 of this City Code. (28) Illegal home occupation in violation of Chapters 154 of this City Code. Private property - any real property the legal ownership of which, as officially recorded by McLeod County, is held by one or more natural persons, a partnership, including a limited partnership, a corporation, including a foreign, domestic or non - profit corporation, a trust, or any other organization, but not including the State of Minnesota or any of its political subdivisions, the federal government or any other governmental agency or entity. The existence of any public easement, right -of -way or other limited right of access on the property not, for the purpose of this Chapter of the City Code, be deemed to transform private property to public property. Property - means a parcel or contiguous parcels of real property, including buildings and other structures thereon owned by the same legal entity and under common management. In the case of multi -unit residential or commercial property, the term shall apply to the entire complex. ,O A)- (I) Public officer - a police officer, fire marshal, chief or inspector, animal control officer, City zoning official, building inspector, or environmental health inspector, each of whom, for the purposes of this Chapter, shall be considered law enforcement officers. (m) Public place - an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, including those buildings in which food or drink is served or entertainment or lodging is provided. (n) Residential property - any real property containing a structure suitable for affording shelter for human beings, including any appurtenant or connected structure, including trailers, mobile homes, multiple family dwellings, buildings containing multiple dwelling units, and any property situated within a residential zoning district as defined by this City Code. (o) Unlawful gathering - any party or gathering where there is any of the following conduct or behavior: (1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or 3.2 percent malt liquor in violation of Minnesota law and Chapter 112 of this Code; (2) The unlawful sale, use, or possession of controlled substances as defined in Minnesota Statutes, Section 152.02, as may be amended from time to time; (3) The unlawful sale, use, or possession of tobacco - related products in violation of Minnesota law or Chapters 113 of this City Code; (4) Any conduct, activity or condition constituting a violation of Minnesota laws or this City Code prohibiting or regulating prostitution, gambling, firearms, disorderly conduct, public nuisance, or permitting a public nuisance; (5) Any conduct or activities likely to disturb non - participating persons by: (A) Noise of sufficient volume, or of such nature by virtue of its type, persistence, time of day or location, to disturb; the peace, quiet, or repose of non- participating persons nearby in the manner and according to the standards set forth in Chapter 92 and /or 130 of this City Code; (B) Assaultive behavior; (C) Unlawful consumption of alcoholic beverages or possession of open containers of alcohol in violation of Chapter 112 of this City Code; (D) Urinating in public; (E) Public indecency as defined in Section 130 of this Code or indecent exposure, in violation of Minnesota Statutes Section 617.23, as may be amended from time to time. (F) Excessive pedestrian or vehicular traffic and parking problems or congestion. (G) Harassment of passersby. (p) Verified incident - an incident where there is a law enforcement response and a public officer, having completed a timely investigation, is able to find evidence of nuisance conduct, conditions or characteristics as set forth in Section 130.31(i) of this City Code. It shall not be necessary that criminal charges be brought or convictions obtained relative to the incident. Multiple offenses verified during a single response shall count as one response for the purpose of imposing an excessive nuisance call service fee. Verified incidents shall be attributable separately to the source of the nuisance conduct, condition or activity, as follows: (1) The same tenant or lessee or persons acting in conjunction with or under the control the same tenant or lessee; �0 (2) The same rental unit while occupied by the same tenant or lessee or within two or more rental units by the same tenant or lessee; (3) The property owner or persons acting in conjunction with or under the control of the property owner who either actively participated in the creation of the nuisance conduct, condition or characteristic or who knew or should have known of the ongoing nuisance conduct, condition or characteristic and failed to take reasonable steps to abate it. (q) Verified incident follow -up - where there has been a prior verified incident of property conditions or characteristics constituting a nuisance, each subsequent response to those same conditions or characteristics initiated by the City as follow -up during a course of remediation, shall not constitute an additional verified incident unless additional nuisance conditions or characteristics constituting additional incidents are found to exist. 130.32 PROHIBITED CONDUCT (A) PUBLIC NUISANCE PROHIBITED. Any person who shall knowingly commit, cause or create a public nuisance condition as defined in this Chapter or permits a public nuisance condition to be created or placed upon or to remain upon any private property owned, under the control of, or occupied by that person, or any publicly -owned property, including tax - forfeited property under public control, shall be guilty of a misdemeanor. In addition, the City may enforce this section by injunctive action or other appropriate civil remedy. (B) PROPERTY CONDITIONS CONSTITUTING A PUBLIC NUISANCE. The following property conditions are declared to be nuisances affecting public peace, welfare and safety: (1) All snow and ice not removed from public sidewalks within twelve (12) hours after the snow and ice has ceased to be deposited thereon. (2) All limbs of trees which are less than eight (8) feet above the surface of any public sidewalk, or nine (9) feet above the surface of any street. (3) All wires that are strung less than fifteen (15) feet above the surface of the ground. (4) All buildings, walls, and other structures which have been damaged by fire, decay, or otherwise to an extent exceeding one -half (1/2) their original value, and which are so situated as to endanger the safety of the public. (5) All explosives, inflammable liquids, and other dangerous substances stored in any manner or in any amount contrary to state law, federal law or this Code. (6) All use or display of fireworks except as permitted by this Code and state law. (7) Noises prohibited under Hutchinson City Code (8) The allowing of rain water, ice or snow to repeatedly fall from any building or structure upon any street or sidewalk or to flow across any sidewalk. (9) All barbed wire fences which are located within three (3) feet of any public sidewalk. �oc!� (10) All dangerous unguarded machinery or materials, in any public place, or so situated or operated on private property to attract the public. (11) Any condition that interferes with, obstructs, or renders dangerous for passage a public sidewalk, roadway, highway or right -of -way or waters used by the public. (12) The intentional or negligent discharge of items such as leaves, grass clippings, solvents, antifreeze, oil, fireplace ashes, paint, or cement reinsate into a street, storm sewer system, or water resource such as a wetland, creek, pond or lake. (13) Encroachments onto publicly -owned property and road right -of -way, including tax - forfeited property under public control, such as the placement of structures, materials, recreational equipment, lawn chairs, fire pits, the dumping of organic materials, the storing of privately - owned items, the undertaking of activities affecting the physical nature of the property, such as mowing, vegetation removal or the application of fertilizer, pesticides or herbicides without the express, written permission of the City. (14) Uncompleted exterior construction and finishes (including but not limited to structures, additions, accessory structures, siding, facia work, windows, roofing, driveways, sidewalks, decks, patios, pools and retaining walls) on a single family or two-family site beyond one (1) year after issuance of a permit or commencement of the construction project, whichever occurs first. A construction project is considered to commence when the first exterior evidence of the project is visible (for example, delivery of materials or removal of soil cover). In the case of demonstrated hardship due to sources beyond the control of the property owner (including but not limited to extreme weather conditions; reasonably unforeseen material, equipment or labor shortages; vandalism; or theft), the time allowed for exterior construction and finishes may be extended at the sole discretion of the Manager of Building and Inspection upon written appeal filed as soon as the need for an extension becomes known. (15) Construction materials and equipment (including but not limited to piles of dirt, rock, landscaping materials, sod, scaffolding, forms, dumpsters, portable toilets, debris and construction trailers) left in the open: (A) on a single family or two- family residential site beyond one (1) year after issuance of a permit or commencement of the construction project, whichever occurs first. A construction project is considered to commence when the first exterior evidence of the project is visible (for example, delivery of materials or removal of soil cover). (B) on a multi - family residential site or on a non - residential site beyond one hundred eighty (180) days after issuance of the first temporary or permanent certificate of occupancy. In the case of demonstrated hardship due to sources beyond the control of the property owner (including but not limited to extreme weather conditions; reasonably unforeseen material, equipment or labor shortages; vandalism; or theft), the time allowed for exterior construction and finishes may be extended at the sole discretion of the Planning /Zoning/Building Director upon written appeal filed as soon as the need for an extension becomes known. (16) Discarded construction material or other litter at a construction site that is not placed in an adequate waste container or that is allowed to blow around or off the site. (17) Buildings, fences, and other structures that have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they are unsightly, decrease adjoining landowners' and occupants' enjoyment of their property and neighborhood, and adversely affect property values and neighborhood patterns. Standards to be considered in this determination shall include: (A) All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. (B) All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. (C) Every.window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. All glazing materials shall be maintained free from cracks and holes. (D) All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. (E) All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (F) The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water may not be discharged in a manner that creates a public nuisance. (G) All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather - coating materials, such as paint or similar surface treatment. (H) All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. (18) A clandestine lab site. (19) Improper sewage disposal to such degree that sewage or effluent is discharging onto the surface of the ground, backing up into a structure or discharging into a body of water. (20) An unsecured hole or opening caused by improperly abandoned cistern, well pit, sewage treatment system, unused or non - maintained swimming pool, foundation, mine shaft or tunnel, or any other hole or opening in the ground of sufficient size or depth to pose a danger to the public or an attractive nuisance. (21) Failure to keep waste, refuse, or garbage in an enclosed building or properly contained in a closed, insect and rodent proof, container designed or reasonably adapted for such purpose, except for the immediate time preceding pick -up by a refuse hauler. J blct) (22) Accumulation of carcasses of animals, birds, or fish by failing to bury or otherwise dispose of in a sanitary manner within twenty -four (24) hours after death. This provision shall not apply if the animals, birds, or fish are intended for human consumption. (23) Accumulation of decaying animal or vegetable matter, animal or human feces, trash, rubbish, garbage, rotting lumber, packing material, scrap metal, tires or any other substances in which flies, mosquitoes, other disease carrying insects, rodents or other vermin can harbor; this definition does not include compost bins or compost sites which are being managed in accordance with acceptable standards. (24) Accumulations of animal feces, rubbish or junk remaining in anyplace as to become dangerous or injurious to the health and safety of any individual or to the public. (25) Accumulations in permanent dwellings to such an extent preventing emergency egress. (26) Any structure that has become dangerous for further occupancy because of structural or sanitary defects or grossly unsanitary conditions. (27) Infestations of flies, fleas, cockroaches, lice, rats, mice, fly larvae, or hookworm larvae. (26) Unnatural breeding grounds which support mosquito larvae and mosquitoes carrying West Nile Virus, La Crosse Encephalitis Virus, or any other disease causing microorganism. (29) Parking of an excess number of vehicles in violation as defined by Chapter 92 of this City Code. Section 130.33 DECLARATION AND NOTICE OF PUBLIC NUISANCE. It shall be the duty of the City Administrator or the Administrator's designee to determine and declare the existence of a public nuisance. However, for purposes of inspecting and securing the site, removing and collecting evidence, or removing immediate hazards, any public officer may determine that a structure, property or portion of a property constitutes a public nuisance, including but not limited to the determination that the site constitutes a clandestine lab site. The City Administrator or the Administrator's designee may at any time modify conditions of the declaration or dismiss the declaration of a public nuisance. Where deemed necessary by the City in furtherance of the public health and safety, a warning sign shall be posted on the entrance to the structure or property containing information sufficient to alert visitors or returning occupants to the site that it may be dangerous to enter and that entry is prohibited unless authorized by the City. No person, except as authorized by the City, shall remove a warning sign posted in accordance with this Section of City Code. Where a public nuisance is found to exist upon private property, the City Administrator, or the Administrator's designee, may cause a declaration of public nuisance and notice to abate such nuisance to be served personally upon the owner of said premises, and provide a copy thereof to any other interested party. Such notice may be served by mail in all cases where such owner or other interested party is not in the city or cannot be found therein, and if the post office address thereof is known. Such notice may likewise be served by posting, for at least twenty-four (24) hours, a copy of such notice upon the premises where the nuisance exists, whenever the owner or agent thereof is not known or cannot be found, and the post office address thereof is unknown. The City Administrator, or the Administrator's designee, shall, in providing for the service and posting of such notice, designate therein the following: (a) Property location by street address, and property identification number or legal property description. (b) Information identifying the nature of the public nuisance on the property. ta (c) A summary of the owner or other interested party's responsibilities under this Division of City Code. (d) Specific orders for abatement or remediation of the public health nuisance. (e) A date for completion of the abatement not less than ten (10) business days following the receipt of the Notice unless a shorter period of time is determined necessary by the City to protect the public health and safety. (f) Notice that unless the public nuisance condition is abated or removed in accordance with the terms of the Notice of Public Nuisance, the City may, in its discretion have the nuisance abated or removed at the expense of the owner under the provisions of Minn. Stat. §145A.008, this City Code, or other applicable law and that the cost thereof will constitute a charge against the property which shall be collected in the manner of a tax. (g) Notice of the right of appeal as provided in this section. Section 130.34 ACCESS TO PROPERTY AND RESPONSIBILITY TO ABATE PUBLIC NUISANCE. The owner or other interested party of private property on which a public nuisance has been declared must, upon the demand of a public officer, permit access to all portions of the property and structures thereon at any reasonable time for the purposes of inspection, remediation and abatement as often as the public officer deems necessary and shall exhibit and allow the copying of all records necessary to ascertain compliance with this section of City Code. Any public nuisance upon private -owned property shall be removed and abated by the owner or other interested party at their own cost after notice, as provided in Section 130.34. If such notice is not complied with, the city shall cause removal or abatement of such nuisance, and the cost thereof shall be charged against the property in the manner provided in Section 130.35 and collected in the manner set forth in Section 130.34(a) of this City Code. SEC. 130.34(A)APPEALS, SUMMARY ABATEMENT. When a public nuisance is declared, the owner of the private property may appeal the declaration, including an order for abatement, by filing a written request for a hearing with the City Attorney's Office within ten (10) calendar days of the issuance of the Notice of Public Nuisance. A hearing shall be held within forty -five (45) calendar days thereafter, and may be conducted by the City Administrator or their designee. The owner of the property may be held responsible for the actual costs of the hearing. Where a declared public nuisance constitutes, in the sole determination of the City, an imminent threat to the public health or safety, an immediate threat of serious property damage, or the nuisance has been caused by the actions of private parties on public property, the City may order the immediate abatement thereof notwithstanding this provision. Where there has been summary abatement, any properly filed appeal thereafter will be limited to the issue of cost recovery by the City. Section 130.35 FAILURE TO ABATE; ABATEMENT BY CITY; ASSESSMENT THEREFOR. If, at the end of the period fixed by the City for the abatement or removal of a public nuisance, the nuisance has not been abated or removed by the owner or other interested parry and no appeal has been filed pursuant to Section 130.34(A) of this City Code, the City may cause the same to be abated or removed by the city or in any other manner deemed appropriate, and the costs and expenses of such abatement and departmental costs and expenses, including I b S)L_ overheads and allowances for time of city employees, expenses of equipment, if used, and sums of money necessarily paid out if done by other than city departments, shall be computed and reported to the City Council. Thereupon the City Council shall adopt an assessment roll levying a special assessment upon such lands and premises, which shall be transmitted to the county auditor and included with the next tax levy upon such lands and premises and collected in the manner provided by law for the levy and collection of other special assessments. Section 130.36 PARTICIPATION IN UNLAWFUL GATHERINGS. (a) No person shall congregate because of, or participate in, any unlawful gathering, as defined in Section 130.31(0) of this City Code. (b) No person shall keep or permit an unlawful gathering, as defined in Section 130.31(0) of this City Code, on any property owned, leased, controlled or occupied by that person. (c) Any person who is the property owner or other interested party in the property, who has actual or imputed knowledge of an unlawful gathering thereon and who fails to immediately abate the unlawful gathering shall be guilty of a misdemeanor. (d) Any person, other than the property owner, tenant, or person in control of a building, who refuses to leave an unlawful gathering thereon after being ordered to do so by a police officer or by an owner, tenant, or person in control of any building or other interested party in the property where an unlawful gathering is occurring shall be guilty of a misdemeanor. (e) Any person who is the property owner, tenant, or person in control of a building and refuses to admit public officers attempting to gain reasonable access to the premises for the purpose of investigating a suspected unlawful gathering on the property or any structure thereon or refuses to disperse an unlawful gathering at the building after being ordered to do so by a police officer shall be guilty of a misdemeanor. (f) A police officer, who has probable cause to believe an unlawful gathering is occurring on private property may make reasonable entry onto the property or structure thereon in a manner consistent with law for the purpose of investigating suspected law violations. (g) A police officer may order all persons present at any public or private place or building where an unlawful gathering is occurring to immediately disperse. Section 130.37 DISORDERLY HOUSE AND FALSE REPORT TO PUBLIC OFFICER PROHIBITED. It shall constitute a misdemeanor under Minnesota law to do the following: (1) To keep, permit or be present in a disorderly house; as defined in Section 130.31(d) of this City Code; (2) Be an owner or person in control of any residential property and to permit the building to be used as a disorderly house; or (3) To provide a false report to any public officer. Section 130.38 EXCESSIVE NUISANCE SERVICE CALL. (a) Nuisance Incident Notice. Where the City Administrator or the Administrator's designee determines that a specific premises or building is being operated in violation of Section 130.37 of this Code, or public officers have been dispatched to private property on a nuisance service call as defined in Section 130.31(i), the City Administrator or the Administrator's designee may issue a written nuisance incident notice to the owner of the property, and may provide a copy thereof to any other interested parties. The nuisance incident notice may be served upon the owner of said premises by regular mail, to the address determined by the most recent property tax records maintained by McLeod County for said premises. The service of a nuisance incident notice, as provided herein, shall be prima facie evidence that an owner or interested party served person in control of a building has knowledge of and has permitted subsequent conduct or behavior at said premises. (b) Contents of the Notice. The nuisance incident notice shall: (1) Identify the type and specific location of nuisance service call(s), including tenant or lessee names where applicable; (2) Summarize the evidence of the nuisance occurring on the property; (3) Provide the dates on which the nuisance calls for service were made and the dates of any prior responses by public officers to nuisance incidents on the property; and (4) Warn the owner, occupant and persons in control of the property that future nuisance service calls may subject them jointly and severally to an excessive nuisance service call fee in the amount of $250.00 or more, up to $2,000.00, based upon the actual cost of the law enforcement response. (c) Abatement Notice. Where the City Administrator or Administrator's designee determines that public officers have been dispatched to two (2) or more nuisance service calls, as defined in Section 130.31(i) and counted pursuant to Section 130.31(p -q) of this Code, to the same property within a 365 -day period, he or she shall cause a written abatement notice to issue to the owner of the property, and may provide a copy thereof to any interested parties. The abatement notice may be served upon the owner of said premises by regular mail, to the address determined by the most recent property tax records maintained by McLeod County for said premises. The service of an abatement notice, as provided herein, shall be prima facie evidence that an owner or interested party served has knowledge of and has permitted subsequent conduct or behavior at said premises. (d) Contents of the Abatement Notice. The Abatement Notice shall: (1) Identify the type and specific location of nuisance service calls, including tenant or lessee names, where applicable; (2) Summarize the evidence of the nuisance occurring on the property; (3) Provide the dates on which the nuisance service calls were made and the dates of any prior responses by public officers to nuisance incidents on the property; and (4) Warn the owner and interested parties that future nuisance service calls will subject them jointly and severally to an excessive nuisance service call fee in the amount of $250.00 or more, based upon the actual cost of the law enforcement response, up to $2,000.00, for each separate call. The costs of providing the excess law enforcement services shall include without limitation the gross salaries, including all fringes, benefits and overhead paid to the public officers responding, the pro rata cost of all equipment, including vehicles and K -9 officers, and the cost of repairs to any City equipment or property damaged in responding to the nuisance service call. The civil penalty will issue by the City of Hutchinson and if left unpaid will be charged against the property and collected in the manner of a tax; 16 (-a)- (5) Advise the owner and interested parties that subsequent conduct in violation of this Section of City Code may also subject them jointly and severally to criminal charges punishable by up to a $1,000.00 fine and 90 days in jail for each separate violation. (e) Imposition of Excessive Nuisance Service Call Fee. Property owners, tenants and other persons having control over a property shall be jointly and severally responsible for nuisance incidents occurring thereon and individually responsible for payment of any Nuisance Service Call Fee issued to that party hereunder. Where an abatement notice was properly served upon the owner and/or tenant of the property as set forth in subsection (c) hereof each successive nuisance service call within the same 365 -day period shall result in an administrative citation to that party in the amount of $250.00 or more based upon the actual cost of the law enforcement response, up to $2,000.00 for each separate call. The costs of providing the excess law enforcement services shall include without limitation the gross salaries, including all fringes, benefits and overhead paid to the public officers responding, the pro rata cost of ail equipment, including vehicles and K -9 officers, and the cost of repairs to any City equipment or property damaged in responding to the nuisance service call. (f) Affirmative Defenses. In the case of rental property, it shall constitute an affirmative defense to the issuance of an Excessive Nuisance Service Call fee by administrative citation that the property owner has commenced eviction proceedings against the tenant or tenants responsible for the nuisance conduct, conditions or characteristics. In the case of large public accommodations, it shall constitute an affirmative defense to the issuance of an Excessive Nuisance Service Call fee by administrative citation that the property owner or the owner's property manager has entered into and complied with a memo of understanding with regard to security with the Hutchinson Police Department. (g) Appeal. Any party issued an Excessive Nuisance Service Call fee by administrative citation may appeal the citation by filing a written request for a hearing with the City Attorney's Office within ten (10) calendar days of the issuance of the citation. A hearing shall be held within forty -five (45) calendar days thereafter and may be conducted by the City Administrator or their designee. The owner of the property may be held responsible for the actual costs of the hearing. Section 130.39 PENALTY AND SEVERABILITY. A violation of this section shall be a misdemeanor under Minnesota law. Civil penalties shall be subject to assessment according to Minnesota law. However, nothing in this section shall be construed to limit the City's other available legal remedies for any violation of the law, including licensing sanctions, criminal, civil, and injunctive actions. In addition, violations or failure to pay civil fines may result in future license ineligibility. If any section, subsection, sentence, clause, or phrase of this section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted the section in each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. pciq) TO: Mayor and City Council Members FROM: Gary Plotz, City Administrator DATE: January 8, 2009 Hutchinson City Center 111 Hansen street SE Hutchinson, MN 55350-2522 320. 587. 5151 /Nan 320-234 -4200 SUBJECT: Authorization to Amend 2009 Budget(s) to Fund Assistant Finance Director Position From the 2009 Enterprise Funds of Creekside /Water /Sewer /Refuse /Liquor The position of Assistant Finance Director was budgeted in the general fund for 2009. To ease the expected shortfall in the City's general fund (estimate of $500,000 or more), I would request this position be funded by the five enterprise funds as the position historically has done a significant amount of work for each of these enterprises. For 2009, I would recommend the cost to be divided equally among the five enterprise funds. We will track the hours spent in the balance of 2009 to determine a potential split in costs for the 2010 budget. Printed on recycled paper - oL� • ...► Of GREATER AI/r.._ December 15, 2008 Dear City Administrator Gary Plotz, Q�i / Dedicated to a Strong Greater Minnesota V I know cities are facing hard times, but your membership in the Coalition of Greater Minnesota Cities is more critical than ever. Without a strong effort on our part. I have no doubt that Local Government Aid funding will be significantly reduced or eliminated. Together, we can make sure that will not happen. During the 2003 budget crisis, the governor proposed cutting LGA by 42 percent, and most people thought he was unstoppable. The fact that the cuts were limited to 25 percent statewide and to only 19 percent for CGMC cities can be attributed almost entirely to CGMC's proactive lobbying program. it took the combined efforts of our city officials and CGMC's lobbying staff at the State Capitol to win this battle, and it will take the same effort to keep our cities intact in 2009. As an organization, we had to expend a lot of resources during the 2003 budget crisis, and it could take even more resources this year. I know there is a lot of belt tightening going on, but stepping back now would cripple greater Minnesota cities in the future. For that reason, I am asking every member of CGMC to find a way to pay their 2009 dues because of the threat, not in spite of the threat to the LGA program. In making that decision, keep in mind that over the past six years, CGMC cities have received much more than they have spent in membership fees. The numbers tell the story: • CGMC cities received $24.5 million more in LGA in 2003 than they would have under the governor's proposed cuts. • CGMC cities have received LGA increases amounting to $20.6 million since the 2003 cuts were imposed. • CGMC cities have received $45.1 million above the governor's proposed 2003 LGA cuts over the past six years. • CGMC cities have faired better than Minnesota cities as a whole over this time period: o Despite a 25% overall cut in LGA in 2003, CGMC cities received only a 19 percent reduction. o CGMC cities are now only 8 percent below their 2003 LGA funding level while state cities as a whole are 21 percent below that level. )1)4 9 As important as LGA is to cities, it is important not to forget how many other ways CGMC has helped strengthen rural Minnesota. During the last six years CGMC has: • Passed economic development and redevelopment grant programs for cities in greater Minnesota. • Passed annexation legislation that has made the process easier and less costly for cities. • Stopped or mitigated legislation that would have put costly environmental mandates on cities. • Helped pass legislation that put additional funding into the transportation program. For years, CGMC has been a strong voice for rural Minnesota, and we cannot allow that to slip away. We are willing to work with you to make sure we remain a viable organization and will discuss ways to do that during the CGMC membership meeting at the Flaherty and Hood office on January 15. 1 hope every city in the organization will send someone to the meeting to take part in these discussions and to work out a solution that will allow us to enter into negotiations at full strength during the coming legislative session. We need your membership, we need your help and we need a united force more than ever. There is no group that works harder for greater Minnesota than the Coalition of Greater Minnesota Cities, so our future, as well as our organization, is at stake. We anticipate seeing you in Saint Paul on January 15 for Legislative Action Day. Sincerely, ' Wayne Wold or of Wadena President of the Coalition of Greater Minnesota Cities Cc: Mayor Cook, City of Hutchinson \J new direct-ion is needed to °' , ICA solve Minnesota's fiscal crisis '�° Local governments running on fumes Cities, schools and counties have done their best to cope with aid cuts made during the state's last budget crisis, but they are now down to running on fames. Despite cities" best efforts, the 2003 decision to shift Minnesota's fiscal problems on to local units of government has proven to be a losing proposition for local property taxpayers. In a nutshell, citizens have had to deal wiffi reduced services and delayed infrastructure needs while being asked to provide more in property tax dollars. As Chart A dernonstrates, cities, schools and counties still haven't recovered from cuts. Property tax increases driven by aid cuts Property taxes have increased over 19% since 2002, but this has been due to aid cuts, not to excessive spending by local units of government. The rise in property taxes did not even begin to keep pace with Lhc aid cuts, which meant that, on tote local level, rcvenues declined at the same time as spending was reduced, as sho%m in Chart B. 0.0% -5.0% .10.0% -IS, O% -20,0% -25-0% -MO% -35.0% Schools Counties Cities -31.2% - 1.7. 1 7b Change in state aid from 2002 w 2M in constant dollars per capita/pupll Chart A., Slate aid to loc-a I govern mwi ts has heen vo t drawwficalty s ince 2002. Source: "The 'IMy'Behi-nd Homes lead Properiy Tax Acreas-e-s:-.AGV 2020 e Wn LVW*en 0.0% -2,0% -4.0% -6.0% -&0% -10,0% .110% ToW School To City TcaJ Count District Reverwe Revenue Revenue (per P-WPIO (" r � ) (per Cap* 14.0% -11 11.3 -12.5% Chart B. Change in real per capftalper papil schcW, c iiypind L'wen v revenue jrow ? -V 2003. to FY 2008. Ton rce: "Gmmrninen i Revenues Dec hoe, " A IN 2 020, jeff burn lt ychzn Despite cides'best ef forts h003 di ' ' to shift CIO, Nlinnesota I s fiscal problems on to local units of goveriunent has proven to be a IOSz'.ng proposition ]'*)r local property to pa ,ers. WW �V. g rea t e T U1 n C I I i C S � o r g State spending is not the 10.t problem $9,DDO $8.000 Allegations from &L no new taxes" proponents $7.000 at spending is causing the state's budget $6,000 problems are wrong. As seen in Chart C, state $5.000 general fund spending has declined by 7.1 , $4.000 �vh_lch amounts to $503 a person. Additional spendmig cuts will not cure the state's current $3,OW financial czisis. Spending is down for all units $2,000 of govcrn me nt in Minncsota,- which p o ints to a $1,000 revenue problem—not a spending problem— $0 in the state. 4 LGA is still below 2003 level The Local Government Aid program is key to providing fairness in the property tax system and to enabling all cities to offer services to their citizens, but that was undermined by aid cuts made in 2003. Last year, the Legislature approved L increases of 2% in 201 and 4% in 2011, but as shown in Chart D, the pre Vi ou s cuts were so drastic th at every after the current law increases in aid, the total dollars in the program will be lower in 2011 than thev were in 2003. $T035 $6,697 $6,580 $6,532 FY 2002-03 FY 2004-05 FY 2006-07 Projocted FY 2008-09 State gencral fLmd lutal expendaurft & tnnskrs in cainstant 2000-09 dollars pet capm Cha rf C. • Stale gowrWfund expenditures down 7% si me 2002. Source- "The Sza&r's Budget Phmbkm:A1J Optiom Need w be on the 7Ztbk:,"A4.V 2020.MThn IPXJten SSW $903 W �jN S71>0 $S87 1600 2003 2003 2OG4 2005 2006 2007 2008 2009 2010 2011 NEEDED:A fair, stable and Cgirt- Act sustainable revenue system Total L�A L OCAP knfla6an We must take a lesson from the past and work Chart D.-I.GAprogm -tit s�IISI57bebu its ..,1.003 1k,el,despire101012011 l`"PW-rEaS4ff3_ together to develop a fair, stable and sustainable revenue system for Minnesom. In order to do this, all levels of'government—Lhe state, counbes', cities and school districts need to par mer together to address the state's economic problems in a way that strengthens, not weakens, our state. Fai r. Every resident, regardless of geographic location, de serves access to quality government services at an affordable level compared with their ability to pay. Stable. Minnesota's fiscal rollercoaster n'dc will not stabillZIC until it includes predictability in taxation, for its taxpayers and reliability in its revenue sources. Sustainable. A lasting, sustainable revenue source is needed to tarn' the state through today's current fiscal crisis and reduce the chance of it occurring again in the future. Don't repeat the 9 YI22S-tLZkeS of the past. The state, cities, counUes and schools must partner together to develop a fair, stable and sustainable revenue system for Minnesota. w ww. g re:a te r in n ci 6 cs. org I Describe how your city has dealt with the 2003 LGA cut and current economic crisis Your story will snake a difference. A lot of eyes will be focused on LGA this year as a source of revenue for other hard -hit programs, and CGMC won't be able to protect it without a lot of help from all of our member cities, Most legislators have 41/ heard about the problems faced by cities in general terms, but that will no longer carry the day. It will take detailed stories of what is happening in each of your cities to protect and retain the LGA increases promised in law. We are asking each of you to write a summary, or bullet points, to use when talking with legislators. The points you make might focus on hardships, but they can also point to good cost - control measures that have helped your city to stay solvent. Once your summary is done, share it with the rest of your staff or council and then make an appointment to meet with your legislator. You can use your summary as a • guide during the meeting and also use it when writing legislators. Please send a copy to the Flaherty & Hood office as well, so we can use your stories as examples when we meet with legislators. Greater scrutinization, or delay, of capital purchases Read CGMC Elimination of departments or positions Imposing a hiring freeze or pause; going to a four day work week city stories • Reductions in expenditures or services on revserse! Delay of capital expenditures • Raising or adding fees Depletion of reserve funds • Employee wage freeze or cuts; changes to employee benefits More cooperation between city departments /and or other units of government • Reorganizations to bring about organizational efficiencies •i Energy conservation program g More partnerships �tQ www. greatermncities . org i The City of Sartell, population 14,000, has had long - standing orderly annexation agreements with a neighboring township, but it can no longer Sartell afford to bail out developed areas within the township. In the past, the city helped homeowners with failing septic systems by bringing them Patti Gartland into the city, correcting the problem and stopping further environmental degradation, but unless there is a change in revenue stream, that will no longer happen. Because approximately 50% of the cost to retrofit developed parts of the township with municipal utility service is not assessable to the benefiting property owners, City taxpayers have historically carried half of the cost to fix a problem they had no part in creating. Additionally, Sartell has also decided not to fill two positions this year and is unlikely to next year either —one in the maintenance department and one in the police department. The city will probably have to back off on some street maintenance next year despite the fact that it is dedicating all its share of LGA toward repairing and maintaining streets. If LGA is cut, those funds will be depleted, shortening the life - span of the streets and leading to higher infrastructure costs in the future. Melrose city officials have followed the governor's wishes by cutting staff, services and even one department in order to keep their citizen's Melrose tax rates down in the years following the 2003 LGA cuts. During this Brian Beeman tune, they used much of their budget reserves, once healthy but now almost depleted, and are facing a quarter million dollar capital outlay deficit every year. Delayed projects have been stacked up for so long that the city auditor has told the council that unless something is done, the city will face a financial train wreck by 2014. These delays have raised the costs of repair significantly. For example, delays in seal coating one city street now means that it has to be torn out, dug down to the base, and completely rebuilt, tripling the cost of the project. Melrose, population3,500, is typical of many small cities in that LGA makes up about half of its revenue base. They are not sure how they are going to survive now, so any further cuts in LGA would be devastating. Spending reductions, across- the -board budget cuts and the use of jbudget reserves are all tactics used by the Mankato City Council to Mankato stay within the levy limitations imposed by the Legislature last session. Pat Hentges They are also offering incentives —such as three years of paid medical insurance —in early retirement packages, since the state of the economy has made people reluctant to retire. Most of those positions will remain open for at least two years, allowing the city to make use of the savings, while essential positions will be filled by people hired at a lower pay • scale than their predecessors. One of the issues the council is struggling with is what to do about the public projects within the city's capital improvement plan, since eliminating them would have such a negative affect on local construction companies and workers, further tamping down the economy of this city of 35,500 people. 6 AMENDMENT TO SUBDIVISION AGREEMENT Southwind Second Addition CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter by and between Hutchinson Land Holdings L.L.C., a Minnesota Limited Liability Company, fee owner, hereinafter called the "Subdivider "; Citizens Bank & Trust Co., a Minnesota Corporation, hereinafter called the "Mortgagee ", and Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City "; WITNESSETH: 1 WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod, State of Minnesota, which has been surveyed and platted as "Southwind" and as "Southwind Second Addition ", and WHEREAS, the parties have entered into a subdivision agreement for the subdivision "Southwind" and the subdivision of "Southwind Second Addition', and WHEREAS, Subdivider has a pending sales agreement to sell " Outlot B" of the subdivision to Hutchinson Health Care, and WHEREAS, it is the intention of the City, Subdivider and Mortgagee to exempt " Outlot B" of the subdivision from the requirements of the Subdivision Agreement so that the sale can be effectuated, and NOW, THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: That Outlot B of Southwind Second Addition is exempted and released from the Subdivision Agreement dated October 27, 2003, and filed for record in the office of the McLeod County Recorder as Document No. A- 337474 and the Subdivision Agreement dated September 22, 2008, and filed for record in the office of the McLeod County Recorder as Document No. T48910 on December 12, 2008. • 2. That the remaining real property in the Southwind Second Addition shall still be subject to the requirements of the Subdivision Agreement enunciated in (1) above. SIGNATURES Iiutchinson Land Holdings L.L.C., a Minnesota Limited Liability Company, fee owner, and, Citizens Bank & Trust Co., Minnesota Corporation SUBDIVIDER: Hutchinson Land Holdings, L.L.C, fee owner (Subdivider) Printed Name and Title STATE OF MINNESOTA The foregoing instrument was acknowledged before me this COUNTY OF McLeod _day of . 2009, by Hutchinson Land Holdings, L.L.C, fee owner Notary Public, County, Minnesota • My Commission Expires MORTGAGEE: Citizens Bank & Trust Co., a Minnesota Corporation STATE OF MINNESOTA COUNTY OF McLeod • Timothy Ulrich, President/C00 Printed Name and Title: The foregoing instrument was acknowledged before me this day of 2009, of, Citizens Bank & Trust Co., Mortgagee. Notary Public, My Commission Expires County, Minnesota 0 APPROVED BY THE HUTCHINSON CITY COUNCIL THE DAY OF 2009. CITY OF HUTCHINSON: STEVEN W. COOK, MAYOR GARY D. PLOTZ, CITY ADMINISTRATOR STATE OF MINNESOTA COUNTY OF McLeod THIS INSTRUMENT WAS DRAFTED BY Marc A. Sebora, City Attorney • Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (320- 234 -5662) 40 The foregoing instrument was acknowledged before me this day of 2009, by Steven W. Cook, Mayor and Gary D, Plotz, City Administrator of the City of Hutchinson. Notary Public, County, Minnesota My Commission Expires