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cp01-08-2008 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 8, 2008 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Rev. Brian Brosz, Congregational UCC Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF DECEMBER 27, 2007 Action - Motion to approve as presented 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR DECEMBER 2007 2. BUILDING DEPARTMENT MONTHLY REPORT FOR DECEMBER 2007 3. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR NOVEMBER 2007 (b) RESOLUTIONS AND ORDINANCES L RESOLUTION NO. 13335 — RESOLUTION FOR PURCHASE (VOICE RECORDING EQUIPMENT AND BIODIESEL) 2. ORDINANCE NO. 08-0490 — AN ORDINANCE REZONING PROPERTY LOCATED AT 897 HWY 15 SOUTH FROM R -3 TO C -4 REQUESTED BY STEVE GASSER OF VIVID IMAGE (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 08 -0491 — AN ORDINANCE REZONING PROPERTY FROM C -3 TO R -2 IN BLOCK 33, SOUTH HALF HUTCHINSON, REQUESTED BY FAITH LUTHERAN CHURCH, 335 MAIN STREET SOUTH (SECOND READING AND ADOPTION) (c) CONSIDERATION FOR APPROVAL OF SOLICITOR'S LICENSE FOR KEVIN MESSNER DBA CORNERSTONE CONTRACTING (d) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR THE HUTCHINSON ROTARY FOUNDATION ON APRIL 25, 2008 AT THE HUTCHINSON EVENT CENTER (e) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR ST. JOHN'S COUNCIL 4797 KNIGHTS OF COLUMBUS AUXILIARY ON FEBRUARY 29, 2008, AT THE NATIONAL GUARD ARMORY (f) CONSIDERATION FOR APPROVAL OF MASSAGE LICENSE RENEWAL FOR LORETTA CLAYBURN, DBA MASSAGE THERAPY BY THE WOODS • (g) CONSIDERATION FOR APPROVAL OF 2008 LEASE AGREEMENT FOR EVERGREEN SENIOR DINING CITY COUNCIL AGENDA — JANUARY 8, 2008 (h) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR LENNY RUTLEDGE, • BUILDING OFFICIAL, TO ATTEND THE INTERNATIONAL CODE COUNCIL HEARINGS IN PALM SPRING, CALIFORNIA, FROM FEBRUARY 18 — 24, 2008 (i) CONSIDERATION FOR APPROVAL OF 2008 FEE AGREEMENT WITH GAVIN, OLSON & WINTERS, LTD. FOR ATTORNEY SERVICES 0) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. - NONE 8. COMMUNICATIONS, REQUESTS AND PETITIONS 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF REVISING RESOLUTION NO. 13292 — RESOLUTION ESTABLISHING A POLICY AND GUIDELINES FOR THE USE OF ELECTRONIC COMMUNICATIONS BETWEEN CITY COUNCIL MEMBERS Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF MOSQUITO MANAGEMENT CONTRACT WITH CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT, INC. Action — Motion to reject — Motion to approve 16, NEW BUSINESS (a) DISCUSSION OF HUTCHINSON CITY ORDINANCE 72.06 — TRUCK PARKING RESTRICTIONS — MAYOR STEVE COOK Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL VISIONING SESSION Action — Motion to reject — Motion to approve 11. MISCELLANEOUS 12. ADJOURN • 2 MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL THURSDAY, DECEMBER 27, 2007 1. CALL TO ORDER — 5:30 P.M. ayor oo a meeting to order. Members present were Kay Peterson, Casey Stotts and Jim Haugen. Member absent was Bill Arndt. Others present were Gary Plotz, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Due to the absence of Rev. Jim Hall, Word of Life Church, the invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) SPECIAL MEETING OF DECEMBER 3, 2007 (b) TRUTH IN TAXATION HEARING OF DECEMBER 3, 2007 (c) REGULAR MEETING OF DECEMBER 11, 2007 (d) BID OPENING MINUTES OF DECEMBER 17, 2007 Motion by Peterson, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES OF OCTOBER 1, 2007 2. EDA BOARD MINUTES OF NOVEMBER 2, 2007 3. MOTOR VEHICLE MONTHLY REPORT FOR OCTOBER 2007 4. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES OF NOVEMBER 20, 2007 5. PLANNING COMMISSION MINUTES FROM NOVEMBER 20, 2007 6. CITY OF HUTCHINSON FINANCIAL REPORT FOR NOVEMBER 2007 7. CITY OF HUTCHINSON INVESTMENT REPORT FOR NOVEMBER 2007 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13325 - RESOLUTION FOR PURCHASE (BIODIESEL AND UNLEADED FUEL) 2. RESOLUTION NO. 13326 — RESOLUTION TRANSFERRING FUNDS FROM WASTEWATER, WATER DEPARTMENTS, 2006 IMPROVEMENT BOND CONSTRUCTION FUND AND 2007 IMPROVEMENT BOND CONSTRUCTION FUND TO GENERAL FUND & CAPITAL PROJECTS • FUND FOR ENGINEERING AND ADMINISTRATION FEES 5 Co�) CITP COUNCIL MINUTES —DECEMBER 27, 2007 3. ORDINANCE NO. 07 -0489 — AN ORDINANCE AMENDING SECTION 30.18 "REGULAR • MEETING ORDER OF BUSINESS" TO INCLUDE PUBLIC COMMENTS SECTION AND APPROVING CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS UNDER THE CONSENT AGENDA (SECOND READING AND ADOPTION) (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION FOR APPROVAL OF REZONING OF PROPERTY LOCATED AT 897 HWY 15 SOUTH FROM R -3 TO C-4 REQUESTED BY STEVE GASSER OF VIVID IMAGE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08 -0490 FOR JANUARY 8, 2008, AND ADOPT RESOLUTION NO. 13322) 2. CONSIDERATION FOR APPROVAL OF PRELIMINARY AND FINAL PLAT OF YUREK'S POND VIEW ADDITION LOCATED IN THE ISALND VIEW HEIGHTS DEVELOPMENT SUBMITTED BY MILAN YUREK AND KENNETH STEVENS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13323) 3. CONSIDERATION FOR APPROVAL OF REZONING OF PROPERTY FROM C -3 TO R -2 IN BLOCK 33, SOUTH HALF HUTCHINSON, REQUESTED BY FAITH LUTHERAN CHURCH, 335 MAIN STREET SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 08 -0491 FOR JANUARY 8, 2008, AND ADOPT RESOLUTION NO. 13324) (d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO. 1— LETTING NO. 4, PROJECT NO. 07-04 (WASTEWATER TREATMENT IMPROVEMENTS) - CHANGE ORDER NO.2 — LETTING NO. 4, PROJECT NO. 07-04 (WASTEWATER TREATMENT IMPROVEMENTS) • - CHANGE ORDER NO. 3 — LETTING NO. 2, PROJECT NO. 07 -02 ( HUTCHINSON DAM REPLACEMENT) - CHANGE ORDER NO.3 — LETTING NO. 1, PROJECT NO. 07-01 (SCHOOL ROAD UNDERPASS) - CHANGE ORDER NO. 3 — LETTING NO. 13, PROJECT NO. 06 -15 — (WASTEWATER TREATMENT FACILITY SCADA SYSTEM) (e) CONSIDERATION FOR APPROVAL OF SUBMITTAL OF PUBLIC WORKS GENERAL CONSULTING SERVICES SUMMARY FROM SEH (f) CONSIDERATION FOR APPROVAL OF CELL PHONE REIMBURSEMENT POLICY (g) CONSIDERATION FOR APPROVAL OF HUTCHINSON UTILITIES COMMISSION APPLICATION FOR TREE LINE USA AWARD Items 6(d), 6(e) and 6(f) were pulled for separate discussion. Motion by Stotts, second by Peterson, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(d) had further discussion. Mayor Cook asked Kent Exner, City Engineer, to explain Change Order No. 1, Letting No. 4, Project No. 07 -04 (wastewater treatment improvements). Mr. Exner noted this change order allows for $50,000 saved annually for a one -time $80,000 investment. Mayor Cook noted that the dam replacement project is over budget a bit, hence the need for the change order. Mr. Exner explained that some unknown events popped up, requiring additional rocks and removal of silt. • Motion by Haugen, second by Stotts, to approve Item 6(d). Motion carried unanimously. (51 cc�) CITY COUNCIL MINUTES— DECEMBER 27, 2007 Item 6(e) had further discussion. Mayor Cook noted that the Council had previously approved entering into a contract with SEH Engineering which included up to five hours weekly of general consulting services. • Kent Exner provided a summary prepared by SEH of the services used byy the city over the last five months. The hours averaged to 1.75 /week, which was below the five hours/week parameter. Motion by Stotts, second by Peterson, to approve Item 6(e). Motion carried unanimously. Item 6(i) had further discussion. Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss explained that due to the City transferring their cell phone plan from Midwest Wireless to Sprint, the City buys their minutes in a different method. The proposed policy would have employees cover the cost of a 4000 minute block and then be allowed to use those minutes for limited personal use. A monthly reimbursement of $2.00 would cover 50 minutes of personal use for each employee. If an employee exceeds the 50 minutes allotted, the reimbursement price would be $0.45 per minute for each minute over 50 in a calendar month. Motion by Stotts, second by Peterson, to approve Item 6(e). Motion carried unanimously. 7. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ISSUING WINFJSTRONG BEER LICENSE TO TAMMY TUCHTENHAGEN DBA BAVARIAN HAUS LOCATED AT 36 MAIN STREET Motion by Peterson, second by Stotts, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Stotts, to approve issuing winelstrong beer license to Tammy Tuchtenhagen at 36 Main Street. Motion carved unanimously. (b) CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING /SUNDAY LIQUOR LICENSE TO APPLEBEE'S RESTAURANTS NORTH LLC DBA APPLEBEE'S NEIGHBORHOOD •GRILL & BAR LOCATED AT 1305 HWY 15 SOUTH (CORPORATE LICENSE TRANSFER) Motion by Stotts, second by Peterson, to close public hearing. Motion carried unanimously. Motion by Stotts, second by Peterson, to approve issuing on -sale intoxicating/Sunday liquor license to Applebee's Restaurants North LLC at 1305 Hwy 15 South. Motion carried unanimously. 8. COMMUNICATIONS. REQUESTS AND PETITIONS 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF CHANGE ORDER FOR ENGINE 7 AS REQUESTED BY THE HUTCHINSON FIRE DEPARTMENT Lt. Mike Schumann presented before the Council. Lt. Schumann noted that the new fire truck is currently being constructed and should be delivered in January/February of 2008. Lt. Schumann noted that some items in the truck have been deleted or removed, which resulted in a reduction of approximately $3300.00. Additions have been made to the truck which have resulted in additional costs of approximately $6000.00. These adjustments caused an increase to the price of the truck in the amount of $2704.00. In addition, the fire department is requesting that a factory installed "foam" system be put in place on the new truck. Initially, the fire department had budgeted a retrofitted system to be placed on the truck in 2009. However, the department has learned that the cost will be much higher in a few years, and is therefore asking for the Council's approval to expend the money in 2008 in the amount of $6942.00 to have the foam system factory installed while the truck is being constructed. Motion by Peterson, second by Cook, to approve chan ge orders for Engine 7 as well as installation of the foam system now as requested by the Hutchinson Fire Department. Ken Merrill, Finance Director, noted . that the funding for these additional costs can come out of the excess bond fund. Motion carried unanimously. 5 Cc�) CITY COUNCIL MINUTES— DECEMBER 27, 2007 (b) IMPLEMENTATION DATE AND APPROVAL SIDERATION OFE�O ME TT TINCREASE ITY POLICY NY 0.. 3 UNIFORM 8 (REQUEST TO DEFER TO JANUARY 8, 2008) Gary Plotz, City Administrator, noted that at the last Council meeting there was some concern brought up about the transitional year for employees if/when implementing a new performance increase date. Staff would like to bring a proposal to the Wage Committee before presenting a solution to the City Council. Motion by Peterson, second by Stotts, to defer this item. Motion carried unanimously. (c) DISCUSSION OF RESOLUTION NO. 13292 — RESOLUTION ESTABLISHING A POLICY AND GUIDELINES FOR THE USE OF ELECTRONIC COMMUNICATIONS BETWEEN CITY COUNCII, MEMBERS AND RESOLUTION NO. 13293 - RESOLUTION REAFFIRMING CITY COUNCIL LIMITS IN THE ADMINISTRATION OF CITY AFFAIRS Mayor Cook noted that Resolution No. 13292 applies to all boards and commissions and not only the City Council. One piece of the Resolution notes that all boards and commissions must communicate solely through the City Administrator, which is rather cumbersome. Mayor Cook suggested changing the language stating that the City Administrator is copied on all emails and he may then forward the email communications appropriately. Mayor Cook also noted that this Resolution does not address face -to -face conversation or telephone conversations. Council Member Stotts noted that he feels that this is more of a chain -of- command issue. He feels that the Council should direct their requests to the City Administrator and he then directs it to staff. Mayor Cook noted that having an annual training should cover open meeting law issues. Council Member Stotts suggested revising the Resolutions to incorporate language from policy governance. He will submit a revised Resolution to the City Administrator to forward onto other Council Members. 10. NEW BUSINESS •(a) PRESENTATION BY LANDFORM AND CONSIDERATION OF THE HWY 7 CORRIDOR STUDY AND SMALL AREA PLAN WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NOS. 13320 AND 13321) Rebecca Bowers, Planning/Zoning/Building Director, presented before the Council. Ms. Bowers gave, a brief history of actions completed regarding the Hwy 7 Corridor Study project thus far. Ms. Bowers introduced consultants from Landform who delivered a presentation on the study. Jennifer Zierke presented on the tasks and study areas that the consultant team worked on for the corridor study. Carolyn Krall presented on the gateway districts contained in the corridor study, which are the intersections of Hwy 7 and Hwy 15 and Hwy 7 and Bluff/Adams Street. The consultant team looked at both contemporary and mixed -use future development scenarios. The next steps requested of the corridor study are to formally adopt the study, amend the comprehensive plan, commence a study of the commercial zoning districts, determine the appropriate zones within the moratorium area, draft guidelines for the River Overlay District and then amend the zoning ordinance and zoning map. Mayor Cook commented that he liked the fact that zoning "clean-up" issues came out of the study (zoning districts, etc.). General discussion was held as to what the plan means and whether or not a workshop would be necessary to further discuss the plan. Motion by Stotts, second by Haugen, to adopt Hwy 7 Corridor Study and Small Area Plan, adopting Resolution No. 13320. Motion carried unanimously. • Motion by Stotts, second by Peterson, to direct staff to prepare a plan for implantation of "next steps" from the Hwy 7 Corridor Study and Small Area Plan, adopting Resolution No. 13321. Motion carried unanimously. 4 560. CITY COUNCIL MINUTES— DECEMBER 27, 2007 (b) DISCUSSION OF RENTAL INSPECTION PROGRAM • Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that last week an ad hoc committee met to discuss the rental inspection pprogram. The committee consisted of city staff, two council members and landlords/property owners. Mr. Plotz noted that the consensus of the committee was that an ordinance enacting a rental inspection pprogram is a good idea, however the committee wanted just a bit more time to research information to possibly incorporate into the ordinance. Brad Emans, Fire Chief, presented to the Council and provided feedback from the committee meeting. The Council concurred that the rental registration program should be based on life safety. (c) REVIEW AND DISCUSSION OF FIVE YEAR GENERAL FUND BUDGET Ken Merrill, Finance Director, presented before the Council. Mr. Merrill provided an updated five -year general fund budget. The document includes assumptions used in its preparation. Mayor Cook noted that consulting fees remain flat, and he feels that needs to be adjusted. The mayor also questioned if whether or not the 4% salaries & benefits increase was adequate. Mayor Cook noted that if this plan is going to be used as a tool, that it reflects as realistic as possible. (d) CONSIDERATION FOR APPROVAL OF ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PLAN Ken Merrill, Finance Director, presented before the Council. Mr. Merrill explained that this plan includes all of the proposed capital expenditures. Discussion was held in regard to various rates and how they relate to the capiuiomprovement plan. Motion by Stotts, second by Peterson, to approve adoption of five year capital improvement plan. Motion carried unanimously. •(e) CONSIDERATION FOR APPROVAL OF PROJECT FUNDING FOR HUTCHINSON DAM REPLACEMENT AND SCHOOL ROAD PEDESTRIAN UNDERPASS Kent Exner, City Engineer, presented before the Council. Mr. Exner reminded the Council that authorization had been given to use excess bond funds to fund both of these projects beyond the extents of the state and federal funding accumulations. Following completion of the projects, unforeseeable work and additional services were required that were beyond the scope of the initial funding. Staff is requesting that $96,349.85 for the Hutchinson Dam Replacement pro ect and $49,523.87 for the School Road Pedestrian Underpass be distributed from the excess bonds funs to the appropriate construction fund accounts. If funding is used for these projects, the excess bond fund will have a balance of $683,877.53. Mayor Cook suggested in the future to build in contingency monies on projects. Motion by Stotts, second by Peterson, to approve project funding from the excess bond fund for Hutchinson dam replacement and School Road pedestrian underpass, adopting Resolution No. 13327. Motion carried unanimously. (g) DISCUSSION OF SIDEWALK SNOW REMOVAL ACTIVITIES John Olson, Public Works Manager, presented before the Council. Mr. Olson explained the priority system of the trails and sidewalks in the City and how the priorities relate to snow removal. Mr. Olson explained that the sidewalks/trails are prioritized on a three tier system. Mr. Olson also spoke about snow removal in city parking lots. (h) CONSIDERATION FOR APPROVAL OF AMENDING CITY POLICY NO. 1.09 — BOARDS, COMMISSIONS & COMMITTEES — VOTING POWERS — AS REQUESTED BY MAYOR COOK Mayor Cook noted that this policy was discovered as city policies were being reviewed by staff members. The policy states that the mayor may not make a motion at a City Council meeting. Mayor Cook believes is that this language comes from the overall view of Robert's Rules of Order. The Council does not always follow Robert's Rules of Order and it may be more efficient to allow the mayor to make motions. Council C5 co) CITY COUNCIL MINUTES — DECEMBER 27, 2007 Member Stotts noted that he would prefer to leave the policy as is, in keeping with parliamentary procedure. MISCELLANEOUS Jim Haugen — Council Member Haugen noted that he had heard that the proposed roundabout project at Hwy 15 and North High Drive was cut. Kent Exner had not heard anything official from MnWT regarding this. Some members heard that it was related to the legislature and funding related to the 35W bri dge. Kay Peterson — Council Member Peterson commented on an article that she had read in the Minneapolis Star Tribune about how the City of Minnetonka has a class that they offer to residents to learn about city workings. Gary Plotz will research this. Casey Stotts — Council Member Stotts noted that he has received phone calls in regard to track parking. He noted that he had spoken with Cenex and they offer truck parking and will be checking into providing electrical connections. Council Member Stotts suggested to the Council to begin working on the 2009 budget and to decide early on at what level the Council is comfortable in fitting into the tax bracket. In other words, what ranking does the Council want to have in its taxation (high, medium, low). Kent Exner — Mr. Exner shared an article that was in a publication distributed to American Water Works members. The publication included an overview and photos of Hutchinson's new water treatment plant. Also, the water treatment plant received a grand award from the American Council of Engineering Companies, an engineering consultant- nominated award. Mayor Cook — Mayor Cook noted that Friday January 25, 2008, seems to be the date that fits the best for the organizations that will be attending the policy governance session. This date will be formally set at the next Council meeting. Mayor Cook also questioned the landscaping plan for Hwy 7. Dolf Moon, PRCE Director, noted that the plan has been completed and the work is scheduled to be completed by June 15, 2008. 12. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Stotts, second by Cook, to approve claims, appropriations and contract payments. Motion carried unanimously. 13. ADJOURN • Motion by Haugen, second by Peterson, to adjourn at 8:25 p.m. Motion carried unanimously. 6 � Ca7 0 Memo To: Mayor and City Council Members Fran Brad Emans, Fire Chief Data: 01 /02/08 R« Monthly Update on Activities of the Fire Department Fire Department Response: The fire department responded to 28 general alarms in the month of December. Fire Officer Only Response: A `fire officer only' responded to 14 calls in December, saving the fire district the cost of a general alarm estimated at $2,352.00 and more importantly, kept our firefighters on their full time job or at home with their familiesl Response Time (First Emergency Vehicle Out of the Door): December — 4 minutes 15 seconds 0 Example of a few of the calls: • The fire department responded to a silo fire in the rural fire district It took 3 hours to bring the fire under control; • The fire department responded to sic motor vehicle accidents where passengers were injured and needed some form of extrication; • A fire officer responded to eight carbon monoxide calls of which three actually had carbon monoxide present and required vacating the residence until repairs could be made; • The fire department responded mutual aid to the Silver Lake FD for a building fire; • The fire department responded to an apartment filled with smoke from burnt food, the apartment was ventilated. It should be noted that the elder lady hesitated to call the fire department because she had read in the newspaper that the FD now charged for responding to emergency calls! It was explained to the obviously upset lady that the story in the newspaper was in error and that the fire department does NOT charge for emergency calla; • The fire department responded to a house fire in the southwest part of the city, the oven malfunctioned and started the food in the oven on fire filling the house with moderate smoke; • The fire department responded to a house fire in the center of the city, a cheater plug was used on the refrigerator, shorted out melted and filled the kitchen with light smoke and soot on the wall. u C0. k This Is the breakdown of the calls for the month: • City: Residential 5 Commercial/Industrial 1 MultFfamily 3 School 0 Carbon Monoxide 7 Hazardous Material 1 Vehicle 0 Rescue 2 Medical 1 Grass 0 Sky -Warn 0 Good Will 0 Mutual Aid 0 Structure Fires 2 Arson 0 Rural: Rescue 3 Grass Type 0 Medical 2 Residential 0 Farm Building 1 Hazardous Material 0 Carbon Monoxide 1 Vehicle 0 CommerciaVlndustrial 0 Good Will 0 Mutual Aid 1 Structure Fires 1 Arson 0 Training: • The FD conducted two nights of intense advanced rescue techniques on auto extrication, with a focus on new vehicles and airbag safety. From this class we have changed our response to motor vehicle accidentsmext cations in an effort to protect our firefighters and the victims. Fire Prevention I Public Relations: • Conducted a tour and a brief safety education class for a local pre- school; • Our firefighters rang the bell for the Salvation Army at Wal -Mart; • We partnered with the Hutchinson PD on the annual "Shop with a Cop ", where 20 children are selected by McLeod County Social Service and given $50.00 to shop with a public safety person from McLeod County. • Other lnfonnation: • We will be implementing a "new" rapid intervention procedure in 2008, this in an effort to have a team of four trained firefighters standing -by in case a firefighter is trapped or lost in a structure fire; • We will be implementing a 'new" fire ground accountability procedure in 2008, this in an effort to make sure that all firefighters go home safe. • Page 2 (.0Ca�\ CITY OF HUTCHINSON CO UNT OF BlUILDING/PL U MRING/MECHANICAL PERMITS ISSUED AN D VALUATION December 2007 No. of Perrmfts Valuation Basement Finish 7 Commercial Addition/Remode) 4 11324,000 Allina Home Oxygen remodel — 1041 Hwy 15 S Interior Remodc I — 211 Freemont Ave SE Convert building to daycare — 267 4" Ave NW Renovation for Orthopedic & Rehab CHnic — 1035 Hwy 15 S Industrial — New 2800y000 Charter School — 1000 5t-h Ave SE Miscellaneous 3 Re I Oise de — R.esidential I Residential Addition /Rep air / R e, model 2 41500 Reside - Residential 9 Windo w Rep lace me nt - Re s i de n h al 2 Sin le Family 0 Townhouse Unit 0 Mechmical 16 60OY360 Plumbm'� 9 sign 4 Fire Sprinkling 0 TOTAL PERMITS I-SSUED AND VALUATION I ,7 28,9860 . . . . . ....... .. . .. . .... -Of Coll December 200 J . ...... ... ... co col�)ra-, 1 i �r r, u I ,af BA* SHEET NOVEM 0, 2007 * * ■ * TOTAL * * * * • ASSETS UTILITY PLANT — AT COST LAND & LAND RIGHTS 4,179,787.43 DEPRECIABLE UTILITY PLANT 302,830,596.83 TOTAL UTILITY PLANT 107,010,384.26 LESS ACCUMULATED DEPRECIATION (35,765,322.10) TOTAL ACCUMULATED. DEPRECIALUCIV__.,_ (35, 765, 322. 10) CONSTRUCTION IN PROGRESS 2,500,750.91 TOTAL. CONSTRUCTION_ IN PROGRESS. 2,500,750.91 TOTAL UTILITY PLANT DEPREC VALUE 73,745,813.07 RESTRICTED FUNDS & ACCOUNTS FUTURE EXPANSION & DEVELOPMENT 259,772.46 PAYMENT IN LIEU OF TAXES _ 987,419.29 MEDICAL INSURANCE - - 100,000.00 RATE STABILIZATION FUND — ELECTRIC 877,966.78 RATE_STABILIZATION FUND — GAS 601,897.28 BOND & INTEREST PAYMENT 2003 1,610,037.31 CATASTROPHIC 11000.00 TOTAL _ RESTRICTED FUNDS & ACCOUNTS _ 4,438,093.12 CURRENT & ACCRUED ASSETS .CASH IN BANG _ _ _ .. ... 5,430,919 86 ACCOUNTS RECEIVABLE 3,554,735.99 INVENTORIES 1,577,607.17 PREPAID INSURANCE _ _ 20,140.94 PREPAID MAINTENANCE AGREEMENT 62,737.63 PREPAID GAS EXPENSE (21,314.85) DEFERRED ENERGY CQST - MISQ 24_,660.33 CLEARING ACCOUNT 14,798.24 SALES TAX RECEIVABLE 64,112.29 TOTAL CURRENT . ?s.ACCRVED ASSETS _ 10,728,397.60 DEFERRED CHARGE BOND DSSCOUNS_2903. _ _ _. 535,9.12. 1_0 TOTAL DEFERRED CHARGE 539,912.10 TOTAL ASSETS _. _ 89,448,215.89 DALAN 6HEET NOVEMBE 2007 • TOTAL * * * r , MUNICIPAL EQUITY & LIABILITIES s MUNICIPAL EQUITY _ MUNICIPAL EGUITY 54,008,489.95 ' UNAPPROPRIATED RETAINED EARNINGS 3,566,342.32 TOTAL MUNICIPAL EQUITY 57,,574,832.27 6 LONG TERM LIABILITIES —NET OF CURRENT MATURITIES 2003 BONDS 27,805,000.00 TOTAL LONG TERM LIABILITIES 27,805,000.00 I CONSTR CONTRACTS & ACCTS PAY RETAIN L77 ACCRUED EXPENSES — RETAINAQE 107,671.74 TOTAL CONSTRUCTION & ACCTS PAY- _ _ 107,671.74_ CURRENT •& ACCRUED LIABILITIES I ACCOUNTS PAYABLE _ _ _ _ _ ._ -2, 732, 678. 33 ACCOUNTS PAYABLE — MISO 274,487.54 INTEREST ACCRUED 566, B62. 09'�I ACCTS PAYABLE TO CITY OF HUTCHIN$ON _ _ 179,530.78 _ I F ACCRUED VACATION PAYABLE 228,732.74 "I ACCRUED MEDICAL FUND (305,021.35) +� ACCRUED REC PAYMENT _ - 44 736.34 la ACCRUED SEVERANCE 18 482.44 3 CUSTOMER DEPOSITS 211 268.51 OTHER CURRENT & ACCRUED LIABILITIES _. _ 8,954.46_ TOTAL CURRENT & ACCRUED LIAB 3,960,711.88 3 TOTAL MUNICIPAL EQUITY & LIAq -. ._ _ 89,448,215.89 I— a 6 �.e 6, 61 P3 P., - L] 1� 7 0 INCOME STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY SALES FOR RESALE NET INCOME FROM OTHER SOURCES_ SECURITY LIGHTS POLE RENTAL _.._. _ SALES_ - ._ GAS _ NEW ULM TRANSPORTATION TRANSPORTATION - ELECTRIC DIVISION ..TOTAL OPERATING REVENUE OPERATING EXPENSES PRODUCTION OPERATION PRODUCTION MAINTENANCE PURCHASED POWER OTHER POWER SUPPLY TRANSMISSION OPERATION TRANSMISSION MAINTENANCE ELECTRIC DISTRIBUTION QPERATION_ ELECTRIC DISTRIBUTION MAINTENANCE PURCHASED GAS EXPENSE GAS TRANSMISSION_ OPERATION_ GAS TRANSMISSION MAINTENANCE GAS DISTRIBUTION OPERATION _GAS DISTRIBUTION. - MAINTENANCE__,_ _ CUSTOMER ACCOUNTING & COLLECTIONS SALES EXPENSE ADMINISTRATIVE & GENERAL EXPENSES DEPRECIATION CONTRIBUTION TO CITY _ PAYMENT IN LIEU OF TA)(E$ TO CITY ROADWAY LIGHTING TOTAL OPERATING EXPENSES OPERATING INCOME OTHER INCOME _ OTHER - NET INTEREST INCOME MISC INCOME GAIN ON DISPOSAL - GAS LOSS ON DISPOSAL - ELECTRIC TOTAL OTHER INCOME OTHER EXPENSES MISC EXPENSES TTT INTEREST EXPENSE �.� TOTAL OTHER EXPENSES NON - DPERATING INCOME NET INCOME STATEMENT OF ME L EXPENSES NOVEMB , 2007 PREVIOUS YEAR TO DATE 25, 037, 886. 02 682,829.14 240,278.09 10, 042. 50 1,666.50 10, 726, 964. 06 _ 602,846.54 1, 008, 334, 00 38, 51 O, 847. 65 _ CURRENT YEAR TO DATE 25,715,946.31 1, 739, 673.64 234, 541, 00 10,462.50 1,666.50 _11,701,042.82 _ 652, 142. 97 1,008,333.33 41, 063, 749.07 3,246,_974.59 _ ... _ -. 3,893,818.91 -_ 00 321,728_ .92 -' _ 35_6,542.56 70 15,378,538.36 10 15,656,804.15 35 _ 311,932.36 _ 296,778.72 00 78 2, 1. 13 _ _ _ _ _ 525. _ 54 5,380. 12 2,652. 72 _ 2_91_, 058. 91_ _ _ 298, 878, 32 126,424.24 , 223,057.98 6, 363, 113. 44 9, 566, 330. 05 69, 538, 26 _ 74,908. 46 14,256.86 5,721.28 _ 338,987.47 357,573.85 _76,154.50 85,042.71 348,536.21 320,711.56 225,867.66 248,051.23 _ 2,062,330.45_ 2,312,295.07 2,793,912.00 2,696,660.12 937, 393. 75 .00 . 00 _ 987, 419. 29 .00 96,219,27 34,916,929.23 37,479,991.79 3, 593, 918. 42 3, 583, 757. 28 117, 554. 34 175,078.30 758,293,09 129,742.95 (10,895.94) 1,169,772.,74_ 106, 287. 68 . 1, 067, 330. 47 1, 173, 618. 15 (3,845.41) 3, 590, 073, 01 BUDGETED YEAR TO DATE 25,381,309.05 67 696,500,00 00 183,340.00 07 13,- 750.50 70 2,750.10 10 10, 440, 760. 35 _ 641,690.00 _ 11 009, 370. 00 38, 36B, 490, 00 3, 111, 467. 67 431,307.35 00 15, 545, 017. 07 294,260 70 _ 2, 750. 10 5,500.20 305, 444. 44 _ 186,548.45 8,298,059.11 67 75, 077. 73 41,709.85 06 375,648.99 00 129,713._05 - 06 296,552.45 324,328,46 2,246,591.53 2,696,758,10 .00 987,455.17 117,605.60 35,471,796.02 2, 896, 693. 98 BUDGET DEVIATION 334,637.26 1, 043, 173. 64 51,201.00 (3,348.00) (1,083.60) _ 1,260,262.47 10,452.97- (36.67) 2, 695, 259. 07 (782,351.24) - 74,764. -79 (111,787.08) (2,518.02) 2, 2N. 56 2,847.48 6, 566. 12 (36,509.53) (1,268,270.94) 169.27 35, -988. 57 18, 075. 14 44, 670. 34 (24,159.11) 76, 277. 23 (65,703,54) 97.98 00 35.88 21, 386. 33 (2,008,195.77) 667,063.30 0 ANNUAL BUDGET 27,891,948 40 - - -- 700,000.00 200,000.00 3b, 000. 00 3,000.00 12, 283, 271. 00 ._ 700, 000.00 11100,000.00 42,892,819.40 3,286,677.37 470,500.00 17,082,436.34 321,000.00 -31000.00 6,000.00 333,200.00 _2011- Soo _00 9, 762, 422. 49 81, 900. 00 451 Soo. -00 409, 784. 00 141,500.00 323,500.00 353,800.00 2, 450, 7313. 00 2, 941, 810, 95 00 _1,077,184.65 128, 2'92. 35 39, 422, 946.14 3,469,873.26 104, 913. 72 64, 169. 00 40,744. 72 70,600. 00 241,888.71 183,340.00 58,548.71 200,000.00 776,663. 67 695, 1.33. 61 S3,730. 06 758, 300. 00 . - 06 .00 .00 .00 .00 .00 .00 .00 ,1,125,666.10 _ 942,642,61 183,023.49 1,028,300.00 96,092. 46 1, 046, 988. 60 1,143,081.06 ( 17,414. 96) _3,566,342.32 99,003.60 1, 045, 176. 66 1, 144, 180, 26 (201, 537. 65) 2,695,_156.33 2,911.14 (1,811.94) 1,099.20 184, - 122.69 871,185.99 100, 000. 00 1,140,151.26 1, 248, 151. 26 (219, 851. 26) 3, 250, 022. 00 RESOLUTION NO. 13335 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Voice Recorder $30,851 Replacement Police Yes — Mactek (see attached memo) Capital Projects &e following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR 7,502 gal Biodiesel 22,846.97 MnDot, County & City vehicle use HATS YES Schmeling Oil Date Approved: January 8, 2008 Motion Made By: *econded By: Resolution submitted for Council action Kenneth B. Merrill by: Finance Director CpCb�) t 0 • • MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor & Council FROM: Dan Hatten, Director of Police / Emergency Management Services DATE: January 8, 2008 RE: Voice Recording Equipment - Communications The purchase order for Mactek is to acquire equipment that records the phone lines and radio communication generated in the communications center of the police department. This item is a 2008 Capital Improvement Project that has been budgeted in the amount of $45,000, This purchase is to replace the existing Datalogger system by Dictaphone that currently being utilized in the communications center. The Datalogger system is archaic and it is extremely difficult to find the storage media needed and we continually have failure problems. The new Praetorian gives us continuous system monitoring as well as increased capabilities with regard to retrieving data. There is a local service representative who can quickly assist us with any questions that we may have regarding this vital piece of equipment. The cost of the service agreement on the new equipment is half the amount we are currently paying. Sgt. Dobratz researched the various products available to perform the necessary functions and found that the Praetorian to best fit our needs. The total cost for this equipment is $30.850.92 - this approximately $14,000 less than what had been budgeted. /Ikg 2008 -01 -0001 PUBLICATION NO. • ORDINANCE NO. 08 -0490 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA TO REZONE PROPERTY FROM R -3 (MEDIUM DENSITY RESIDENTIAL) TO C4 (FRINGE COMMERCIAL) LOCATED AT 897 HWY 15 SOUTH THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to rezone property from R -3 (Medium Density Residential) to C4 (Fringe Commercial) located at 897 Hwy 15 S. Section 2. That the property to be rezoned is described as follows Part of Lot Eight (8) of Auditor's Plat of Lot Nineteen (19) of Auditor's Plat of the South Half (S1 /2) of Section Six (6), Township One Hundred Sixteen North (116N), Range Twenty -nine West (29W), described as follows: Beginning at the Southeast corner of said Lot 8; thence Northerly along the East line of Lot 8 to a point 105.00 feet Southerly of the centerline of State Highway No. 15, as measured at right angles to said centerline; thence Westerly along a line 105.00 feet Southerly and parallel to said centerline to a point on a line 23.5 feet West of and parallel to the East line of Lot 8; thence Southerly along said parallel line to the East line of Lot 8 to a point in the South line of Lot 8; thence Easterly along said South line a distance of 23.5 feet • to the point of beginning. That portion of Lot Eighteen (18), Auditor's Plat of the South Half (Sl /2) of Section Six (6), Township One Hundred Sixteen North (116N), Range Twenty -nine West (29W), lying south of Trunk Highway No. 15, the center line of which said Highway is described as follows: Beginning at the point of intersection of the center line of Miller Avenue and Main Street in the City of Hutchinson; thence running southerly along the center line of Main Street for a distance of 867.8 feet; thence deflect to the right at an angle of 89 °55' for a distance of 623.1 feet; thence deflect to the left on a 10 chord spiral curve of decreasing radius spiral angle 6° 00' for a distance of 200 feet; thence deflect to the left on a 6 °00' circular curve, delta angle 73 °00' for a distance of 150 feet and there terminating, containing 0.45 acres, more or less. Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 8'b day of January, 2008. ATTEST: Cary D. Plotz City Administrator • Steven W. Cook Mayor to ( b)� PUBLICATION NO. • ORDINANCE NO. 08-0491 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA TO REZONE BLOCK 33, SOUTH HALF HUTCHINSON FROM C -3 (CENTRAL COMMERCIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) REQUESTED BY FAITH LUTHERAN CHURCH THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to rezone Block 33, South Half Hutchinson from C -3 (Central Commercial) to R -2 (Medium Density Residential). Section 2. That the property to be rezoned is described as follows: Lots 1,213,4,5,6,7,8,9 and 10, Block 33, Townsite of Hutchinson South Half Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 8d' day of January, 2008. • ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor COC6�3 Cky of MEMORANDUM POLICE l EMERGENCY MANAGEMENT SERVICES TO: Lt. David Erlandson FROM: Sgt. Christian Dobratz U' DATE: December 21, 2007 - RE: Peddler, Solicitors, and Transient Merchants License Background As of today's date, I have completed a background investigation on Kevin Messner. Mr. Messner has applied with the City of Hutchinson for a Peddler, Solicitors, and Transient Merchants License on behalf of Cornerstone Contracting, Inc. During the course of conducting this background investigation, I did not discover anything that would prevent W. Messner from obtaining this license. • If you have any questions, or if you need any further investigation into this matter, please contact me. n U (_000 U r 1 L_J • cci+� al 111 Hassan Sorel Southeast l iurchmson. NIA 55350 (320)587- 51511Paa_(320) 274 -4240 City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS Application Type (choose one) Solicitor 5100.00 Dare of Application 12— ZL _t -j_ Transient Merchant ❑ Peddler 5100.00 S100.00 Date(s}ofSale �'�1 JUL - l :f C % ❑Parade Peddler $25.00 2" X '_" Picture Required r icr_nzc�cwnnl6 r'c,z..dsh:ntL Name .. ��Ul__ - � 1,1`1 _��:`,'��I =��1II 1u�i1f7N, !At" lleight: Weight:�u_ hyeColor. - ?B�zl. _ Driver's License Number: State: Lr lj� Permanent Address: ```��/�� /- zip Permanent Telephone: _ - 0 —�b _ L� Temporary Address. — �1v Sum, Gp Temporary Telephone Access: misdemeanor, or violation of any municipal ordinance. other than IT affic violations? J ves no If yes, srate the nature of offense and punishment or penalty assessed therefore: CJ • F- 1 L J City of Hutchinson Applicatlanfor Peddkm Solkitors, and Transient Merchants Page 2 of 4 Location Name Business Information Describe relationship between applicant and employer: //�� L012�\jE)?S Describe nature of business and describe item(s) offered: F- L�r I A Dear- Tt)_rxYVZ orrEg1j.«, —1A TtE 2 S CU4 IZEnI tU E23 Ii l l-R�ln� t� 5 f UA LiNFFS .A'T A- TIME 6WQXIEN r Describe method of delivery: FbV. � E5 C0;q,%LTMNT W11 i OFYMN <T-PA-TE 2ane -+ 210E Tn- LI r�r X151?. Mf E tjt[ 1 Eu wxjr�z T,V S+PA,( -A'R () tJ LA 111 A T)h1 L [A= AT� A L 1Z S)8% D tribe source of supply: ( 1NEZS -bAE CWfPPT]NQ 320- Z,n(4-954S Supplier Name Suppler Phone Number Aa N W � (m Supplier Address Clty State ZIP Supplier Name Suppler Phone Number Supplier Address City State Zip Supplter Name Suppler Phone Number Supplier Address Ci State ZIP de two (2) property owne (preferably in McLeod County) for character references: ca %f arz--Tcy\l 3ZQ-5$3 -�615O V Propertty Owner Name Property �O�w�ner Phone Number I d y LILT �L�.211L Property Owner Address City State Zip Property Owner Phone Number .k-J /W �— State Zip Property Owner l icoGo .4nbvl5 9 SL cc--) City of Hutchinson ' Appliwtionfor Peddkn, Soliction, and Tronsient Merchants Page 3 of 4 ' 1 L J `I 11 u List last (up to three (3)) previous city(ies) where you carried on same activity: NI /A- City State to Date(s) of Activity to State Date(s) of Activity to State Date(s) of Activity The following items need to be completed and/or attached in order for the application to be processed: Applicationflnvestigation fee paid in full (check or money order): yes ❑ no in full and ❑ no I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemea and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment f9r a period nofexcAeding 90 days or both, plus, in either case, the costs of prosecution. Internal Use Only Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: H'a.imm/Appllotioe✓Peddb, aobcwr, Truww 0-7 Da L� 0 111 Ha,eea Streat Southv + Hutc1dum MN 55350 (320)587- 5151/Fex:(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 Application Type ❑ Full Year January 1 - December 31, Fee: $100.00 1 y Short Term Date(s) Fee: 525.00 Mai /year -Mont /Year Eaton Information '14,0 64VkkA�k[All 16 .S$7 -b6 rr Name Phone Number Address where regular meeting are held City State Zip 1 Day and time of meetings? �! ae-✓ j W.4L, (dw,, Is this organization organized under the laws of the State k Minnesota? no How long has the organization been in existence? 27// y r x� may members in tthee organization? 4/ "How ft.' (1�+A.i 666% tM What is the purpose of the organization? /bti 1Yf t,Kh.f C.4t� iG/�T In whose ustody will organization records be kept? whose Uz^ 02.(wourSL-1 . 3 io • a3K 4 C) Name 61 ill SH/ ALSto.,_ Phone Number . ry t s n( 7otr -<wA Address City State ZIP Nly Authorized Officer of the Orgarazation Information - Piy�e Merl e ✓' 3 zo '.5V 7 True Name Phone Number �lG 4ak- L&4, r- sE- d , Ad 63-3sso Residence Address City /,, /lot Zip Date of Birth: Place of Birth: Wj tl of ^7 M /t/ Month/da}dyear City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes -Fd fio If yes, explain: WCA7) 0 L 0 City ofHuMhk6 Apph-fi- far Bbgo GamU* DMus Li--e Page 2 of /T/ru�eNa/m�e Phone Number —7 / Residence Address City State Zip Date of Birth: Place of Birth: UR q A�b Month1da)6ear try State Have you ever been convicted of any crime other than a traffic offense? ❑ yes .fd no If yes, explain: How long have you been a member of the organization? /V yU e) GameeIIn+ffoormation / 1 A/U,t &e4t la�fw 3a0 -131- - b , Name of location where game will be played Phone Number 6DD=C d4, l Swf� O wn, m� Sr3,52 Address of lion where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: Hugh AM AM Hours of the day gambling devices will be used: From PM To PM Maximum number of player: q06 ,—. m / Z 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 Game Information Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? Cl yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no I Officers of the Organization (if necessary, list additional names on separate sneer/ I Name Residence Address Residence Address City State Ztp Title City State Zip ('0 Cc \) City ofHufchinsm Appfication for Bfngo Gamb&V Device lfe se Page 3 of 3 I& I Name trJir qty: �.� Name Residence Address Name Tile City State Zip ist additional names on separate sheet) Title City Stare Zip Title Residence Address City State Zip Name Title Residence Address City 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)? • Gambling Manager ❑ yes ❑ no Authorized Officer ❑ yes ❑ no Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, l have received from the City of Hutchinson a copy of the City Ordinance No. 114.70 relating to gambling and I will familiarize myself with the contents thereof. n ^ Se tare a ed officer of organization Date Signaturle ofgambling manager of organization Date City Council ❑ approved ❑ denied Notes: Ll � c C-> 0 u I I I Has Strad SouaKaw - HuteDingM Doi 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 he received at least 21fts before event in order to be considered ❑ Full Year January 1- December 31, Fee: $100.00 Year ❑ Short Term Date(s) a "�i �I' COQ i �'+�F ZFa: $25.00 79" 7 3a0 -- Phoone ne Number y� ",4t . S ta. 1P/,(/ 55350 Address where regular meeting are held City State Zip Day and time of meetings? p{ 14 &41d_dfoL� Is this organization organized under the laws of the State ❑yes Lino How long has the organization been in existence? xow may members in the organization? A A I , m- - What is the purpose of the organization? LCtf In whose custody will organization records be kept? 16_xly� vz„ ra. 13;0-56a alas Name Phone Number 3,a 96 � 5,373 Phone Number 1,32-75 1V'a AA0- C� cry /�ui[ l�ns�— 1d1- ,55350 Residence Address City State zip Date of Birth: Place of Birth: /_,,7ro ' - onth/day/year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes R no If yes, explain: (D Cc-) • • • Ciry ofllumhtnson App .d, for Bi go Gambling Denim Lkvnse Page 2 of n True Name Phone Number )3a75 (1U-0-j �Lv_s,53-cio_ Residence Address City Stale ALAI Zip Date of Birth: Place of Birth: Al�nt'LY' _ — day/year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes no If yes, explain: How long have you been a member of the organization? / L Jea S r, Location #1 Mtc.tm.�i XJ1�l1lr C>' m��a in� �,s0- 5�7Z351 Name ojlocation where game will beplayed one Number Address of location where game will be played nnCity State Zip Date(s) and/or day(s) gambling devices will be used: Y ' C � through f_b ;—O g '` Y,'-50 AM Hours of the day gambling devices will be used: From �O.C1U pM To Maximum number of player: Will prizes be paid in money or merchandise? ❑ money merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes AS no will a charge be made for such refreshments? ❑ es ❑ no r Location #2 A Name of location where game will be played Phone Number Address ojlocation where game will be played City Stale _ Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no Title I-3a75 A(Gff-LKn I4L,�e nsdl 10 1.5350 Residence Address City State Zip � Title AI 55350 Name 8�?0 n61� S4, '' �kkJle�rupr Residence Address City State Zip W Ce7 • Ciry afHwhkwn Appik,tion jor Bingo Gambling Devices License Page 3 of3 N� AQ�� Name F73-1 &).1&7 Ij Residence Address 9 i1 ,YkF- n9'iTr}'W''l' "n':.::A:..:.'�.: "� u..:wctf4.. .. * "t''u....r.n' .fact!.. a'• � . -. �:a-. ia.'e...'avJr..-E..P '3,q AM Name Title Residence Address City --��tate Name Title Residence Address City State 7ip Residence 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 @eyes ❑ no �— Authorized Officer ❑ yes ❑ no 2C Lk 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. Signature of authorized officer of organization Date Sipiature of gambling manager of organization Date r1 L J City Council ❑ approved ❑ denied Notes. (9 Ce�) 0 0 9 1-he 7C- u4560, 55 3 50 (o Cep • J WWW' . 111 Ha Suva Souabtaa City of Hutchinson Hutchim , MN 55350 (320) 587- 5151/Fn: (320) 2344240 License Fee IS 50.00 ppucanon for massage uicense menewan L. (X 1=-� Ma ,41g u r n 320.2. 3ln4J- Owner/ plicantName Applicant Phone Number kanL N�12 Hutchinson MN 55350 Applicant Address Ci State zip S i�C wit t r��n l0-M �1J Address - Contact: LOMA l Cti L\04 n 32a- 234- 364S Business Phone Number Hutchinson MN 553SO HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF ANY MUNICIPAL ORDINANCE OTHER THAN TRAFFIC VIOLATIONS? YES NO IF YES, SPATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESED THEREFORE: DESCRIBE NATURE OF MASSAGE BUSINESS AND MASSAGE SERVICES OFFERED: `t%krn fi_c (R) I fully understand that any person who violates any provision of the Massage Services Ordinance Chapter 119 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment for a period not exceeding 90 days or both, phis, In either case, the costs of prosecution. ( Please enclose a copy of your certification ) I hereby certify that I have completely filled out the entire above application, together and that the application is true, correct, qajd accurate. N r 1771M Zia g, itle NOTE: No application will be forwarded to the City Council unless received one week prior to the regular Council meeting, fNled out In completion, and fee payment is attached. Building: ❑ approved " Notes: Fire ❑ approved ❑ denied Notes: Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: (!�) • MEMORANDUM DATE: December 31, 2007, for the January 8, 2008 Council Meeting TO: Hutchinson City Council CC: Gary Plotz, City Administrator and Marc Sebora, City Attorney FROM: Rebecca Bowers, Planning, Zoning, and Building Director SUBJECT: LEASE RENEWAL FOR SENIOR DINING FACILITY AT EVERGREEN SENIOR APARTMENTS Attached is the proposed 2008 lease renewal with Lutheran Social Services for the senior dining site at Evergreen Apartments for the Council's consideration. The attached lease contains the same terms as 2007, including a lease payment of $1,000 a month with a 60 day written notice for intent to terminate. Lutheran Social Services was also the senior dining services provider for 2007. The rent was increased from $900 to $1,000 a month for 2007 due to increases in utilities and maintenance costs. The $1,000 monthly rent plus additional rental income for other events has been covering operating expenses for the facility. The kitchen is used as a regional kitchen to prepare meals for Hutchinson residents, including Evergreen Apartments and Park Towers, as well as preparing meals to be transported to senior • dining sites in Glencoe, Silver Lake, Stewart and Brownton. Staff has requested cost sharing from the other cities, however so far has not been able to secure any additional funding. Glencoe has expressed some willingness to partnerwith Hutchinson in the future, potentially by pledging matching funds for replacing kitchen equipment purchases in the future. • I will be at the meeting if there are any questions. Requested Action: Approval to execute the attached lease with Lutheran Social Services to rent the senior dining site at Evergreen Apartments. (QC0�) 1j LEASE AGREEMENT • This agreement is made and entered into by and between the City of Hutchinson, a Minnesota municipal corporation,( "Lessor ") and Lutheran Social Service Senior Nutrition Program ( "Lessee ") for Lessee to use the premises described as Senior Center, Evergreen Apartments, 115 Jefferson Street, Hutchinson, MN 55350 Term. This lease shall be in effect for the calendar year 2008 and renewable annually thereafter until either party provides 60 days written notice of intent to terminate. 2. Reimbursement. There shall be monthly payments of $1000.00 paid to the Lessor for reimbursement of utilities and maintenance expense directly associated with Lessee's use of the premises. 3. Use of the Premises. Lessee shall have the right to use the dining area from 9:45 am. to 1:00 p.m. and the kitchen from 6:00 am. to 2:00 p.m., or reasonable time of completion daily, Monday through Friday. In the event the Lessor must unavoidably use the premises during these hours, the Lessee shall be notified two weeks in advance and provide an acceptable alternate option if available. 4. Repair/Maintenance/Utilities. • A. The Lessor will be responsible for major housekeeping chores, such as cleaning bathrooms, washing windows, scrubbing kitchen floors and shoveling snow at main entrance. B. The Lessee will conduct daily light housekeeping as follows: sweeping of floor daily, taking out garbage, recycling ( *Lessor provides container), wiping down cupboards, shelves, countertops, dishwasher, freezers, refrigerators, keeping stoves and ovens in clean order (inside and out), keeping items off the floor space, keeping kitchen in generally good appearance and in neat order and shoveling snow at kitchen entrance. Utility payments to the vendors shall be the responsibility of the Lessor. 5. Lessee Property. All goods, foodstuffs, fixtures, equipment and personal property of the Lessee shall remain the property of and reserved for the Lessee at all times. Any damage /disappearance, mysterious or otherwise, during the Lessor's use of the premises shall be the Lessor's responsibility to reimburse Nutrition Services, Inc 6. Lessor Provided Trade Fixtures. The Lessor shall provide oven, washing and storage fixtures as well as place settings, table and chairs, and cleaning utensils for meal site operation at the level described in "special conditions ". This property remains the • Lessor's if provided at the Lessor's expense. (OC Y 7. Insurance. The Lessee agrees to carry personal property insurance to cover all its contents and personal property on the leased premises. • 8. Assigns. The terms and agreements of this lease shall extend to and bind the heirs, assigns and executors of both parties. • • 9. Food License. The Lessee will maintain a Minnesota Food License for program operations only. The Lessor is responsible to ensure that any other food preparation activities in the facility are in compliance with Minnesota State Law. 10. Special Conditions. A. The Lessee will maintain telephone service for program use only. The Lessee will pay for long distance telephone calls made by program staff. B. The Lessor will provide adequate place settings and other trade fixtures for an average meal service capacity of 75 persons. In witness whereof both parties have executed this agreement with their signature below as dated. LESSEE Monica Douglas, Senior Program Director Lutheran Social Service Senior Nutrition Program Date LESSOR Gary D. Plotz City Administrator Steven W. Cook Mayor Date • AA AA I Lei \ AA11 1 , 1 , L TO: City Council Hutchinson City Center 111 Hassan sheet SE Hu[ddneon, MN SMW2522 320.587.51511F= 320.2344240 FROM: Rebecca Bowers, Planning Director, and Lenny Rutledge, Building Official DATE: January 2, 2008 for the January 8, 2008 City Council Meeting SUBJECT: Out of State Travel Request for International Code Council (ICC) Hearings Attached is a copy of the travel request form for Lenny Rutledge, Building Official, to attend the International Code Council's 2008 Code Development Hearings in Palm Springs, CA. The hearings are held February 18 - 24, 2008, and offer the opportunity to participate directly in the Code development voting process for proposed building code changes. Lenny is on the Code Adoption committee with the State of Minnesota and is actively • participating in the Southwest Regional Chapter of Building Officials. He is directly involved in proposing changes to the Code and plans to testify at the ICC hearings. • The cost of participating in the hearings for the City of Hutchinson will be approximately $1,000. The total cost is estimated at close to $2,500, however, the Regional Chapter will reimburse the City of Hutchinson approximately $1,500, resulting in a reduced cost for us. Attendance at the Code hearings was included in the 2008 budget request and complies with the City's policy of allowing out of state travel every two years. Representation at the annual hearings offers several benefits: 1. Direct involvement in the development of the Building Code. 2. Representation of the City's interests at the national level. 3. Depth of knowledge on the intent of the changes in order to better communicate with architects and contractors. 4. Education credits required for Lenny to maintain his Building Official certification. 5. Staff development and on -going training for the Building Department. Thank you for considering this request for participation in the development of Building Code and on -going education and development of the Building Department. Printed m roeyded paM - • FEE AGREEMENT This Agreement is made this 1 st day of January, 2008, at Hutchinson, Minnesota between the City of Hutchinson, hereinafter called "Client" and Gavin, Olson & Winters, Ltd., Attorneys at Law, hereinafter called "Attorneys." The Client has requested the Attorneys undertake legal prosecution services for criminal cases for the Client at the direction and discretion of the Hutchinson City Attorney which will include but is not limited to the following: A. Prosecution of gross misdemeanor, misdemeanor and petty misdemeanor cases including traffic violations, DWI cases, theft and code violations initiated by the Hutchinson Police Department. B. Prosecution of all gross misdemeanor, misdemeanor and petty misdemeanor cases that occur in Hutchinson and initiated by the Minnesota State Highway Patrol. C. Drafting complaints, representing the Client at court appearances which currently include an assignment of 2 -3 days per week plus jury trials. The court appearances include omnibus hearings, pretrial conferences, court and jury trials and post-conviction hearings. • D. Preparation of regular reports of prosecution activities and staff activities. E. Being available to meet with the Chief of Police to review prosecution matters. • F. Advise and consult with City inspection staff regarding abatement of nuisances and other city code violations. G. Being available for meetings as directed by the Client. The Attorneys have consented to accept this employment. Said services shall begin on January 1, 2008 and continue through December 31, 2008. It is agreed between the Client and Attorneys as follows: _ 1. The Attorneys agree to undertake the services rendered at a flat fee of $3,100.00 per month with the agreement that the hours of service will not exceed 40 hours per month. If said services exceed 40 hours, the Client agrees to pay 107.00 per hour for the services provided which exceed 40 hours. Compensation to be reviewed annually based upon workload. _ 2. Both the Attorneys and Client may terminate this agreement by 10 days written notice, one to the other, of thew intention to so terminate, except that the Client shall pay the Attorneys for all Attorneys' fees and costs rendered to the date of termination according to said agreement and the Client shall provide a substitute attorney to handle the pending prosecution c�c�> • matters. IN WITNESS WHEREOF, we have signed our names the day and year first above written. CLIENT: CITY OF HUTCHINSON Mayor City Administrator ATTORNEYS: GAVIN, OLSON & WINTERS, LTD. U Jody Winters U:PROSECUTIONSW UTCHINSONTEE AGREEMENT2005.DOC r LJ CQ c t> Resolution No. 13292 • A RESOLUTION ESTABLISHING A POLICY AND GUIDELINES FOR THE USE OF ELECTRONIC COMMUNICATIONS BETWEEN CITY COUNCIL MEMBERS WHEREAS, the use of electronic communications is increasing as a means of communications in all parts of our society; and, WHEREAS, information received or discussed through electronic means by a quorum of the Hutchinson City Council could be considered a violation of the Open Meeting Law; and, WHEREAS, the City Council in an effort to fully comply with the provisions in spirit of the Minnesota Open Meeting Law desires to define guidelines regarding the use of electronic communication among its members, members of the public and city staff, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON That the guidelines for electronic communications between City Council Members in the City of Hutchinson attached hereto as Exhibit A is hereby adopted • Adopted by the City Council this day of 2007 ATTEST: Gary D. Plotz City Administrator • Steven W. Cook Mayor q C-°�') Guidelines for • Electronic Communications between Council Members in the City of Hutchinson These guidelines apply to all members of the City Council For purposes of these guidelines, "electronic means" means email, instant messaging, chatrooms, and related electronic conversation. For purposes of these guidelines, "City Administrator" means the city clerk, manager, administrator or his/her designee. These guidelines apply regardless of whether the Council Member is using a city- provided email address and account, his/her personal email address or account, or one provided by his/her employer. Meeting materials Electronic communication of meeting materials should generally be conducted in a one- way communication from the City Administrator to the council. • Council Members may receive agenda materials, background information, and other meeting materials via email attachment or other electronic means (such as file sharing) from the City Administrator. • • If a Council Member has questions or comments about materials received, s/he should inquire via electronic means directly back to the City Administrator. A Council Member should not copy other committee members on his/her inquiry. • If the clarification is one of value to other Council Members, the City Administrator may send follow -up materials or information to the council. Materials relating to agenda items of a meeting must also be made available to the public at the meeting. Communication during council meetings • Council Members will not communicate with one another via electronic means during a public meeting. • Council Members will not communicate with any member of city staff via electronic means during a public meeting. • Council Members are encouraged not to communicate with the public via electronic means during a public meeting. Communication outside of Council meetings • 9 CS 7 • • Council Members should generally act with caution when using electronic means to communicate with one another, being mindful of the Minnesota Open Meeting Law. • • If a Council Member wishes to share information with other members, s/he should do so through the City Administrator. The Council Member may request the City Administrator distribute materials to others. The communication should not invite response to or discussion between any Council Members, including replies to the person snaking the distribution request. This should be considered a method for providing one -way information to other members of the Council. Again remember that materials relating to agenda items for city business must be provided to the public at the meeting. • Council Members will not communicate with any member of city staff via electronic means other than the City Administrator and then only in keeping with these guidelines. • If a Council Member wishes to address only one other member through electronic means on any topic related to city business, s/he can do so directly, but should be mindful of the following: o The communication is to be one to one. Serial communications or successive communications to other Council Members will not be used. o The recipient of an electronic message or inquiry should reply only to the sender, will not copy others on the reply and will not forward the original email to other Council Members. o The sender of an electronic message will not forward or copy the recipient's reply to any other Council Member. • If a Council Member receives an electronic communication from any source related to city business and distributed to multiple Council Members (i.e., an email sent to the entire council from a member of the public; or an email sent to three Council Members from a local business), s/he will reply only to the sender. The reply will not be copied to all on the original distribution or forwarded to any other Council Member. • If a Council Member receives listsery distributions, electronic newsletters, or participates in electronic discussion forums where other Council Members are also likely to participate (such as chat rooms), the Council Member will not reply to any distribution or comment so that the reply is copied to the entire distribution group, or any part of the group that might include other Council Members. The Council Member will instead respond only to the sender of any message or inquiry. Cl Ca> Classification and retention of electronic communications • Regardless of whether electronic communication by a Council Member is taking place on a city- provided computer, home computer or other computer system, classification of information as public, private or other is governed by the Minnesota Government Data Practices Act (Minn. Stat. Chapt. 13) and should be treated accordingly. • Council Members should retain electronic communications in keeping with city policies and procedures, whether such communication takes place on a city- provided computer, home computer or other computer system. • • 1 cc`) TO: FROM: RE: DATE: 3 NI L NI 0 R A N 1) C NI Mayor & City Council John Olson, Public Works Manager Consideration of Mosquito Control Agreement December 28, 2007 The 2008 budget included mosquito control for the 4m consecutive year. In 2005, the City used larvacides in storm water ponds. In 2006, a larvae study was conducted and adulticide treatments were done. In 2007, both larvacides and adulticides were used in an integrated manner. The cost of the program was budgeted at approximately $50,000 for 2008. The proposed contract with Clarke Onvironmental Mosquito Management, Inc. (Clarke), formerly Professional Mosquito Control, falls within the budget. Service included in the 2008 contract would continue using both larvacides and adulticides in an integrated manner. Two larvacide inspections and treatments are planned during prime mosquito breeding periods in June and July. Adulticide treatments are planned for the nine Monday evenings in June and July, as well as for two Monday evenings in August. The cost of this service would be: Larvacide inspections/treatments: $13,064.00 Adulticide treatments: $33,947.DO Total inspection/treatment costs: $46,911.00 Less: 5% prepayment (prior to 4/15/08) ($2,345.55) Total payments — 2008 $44,565.45 This contract represents a significant increase over last year (approx. 17 %). The increase is due to higher fuel costs and enhanced technologies employed by the contractor. One option that Clarke has for their clients is a 3 -year contract. Under the 3 -year contract, the contract price is guaranteed not to increase at more than 5% per year for the 3 -year term. Any new areas of the City to be served by these services would be added at rates in force at that time. Ken Merrill and I have reviewed the contract. I recommend selecting the 3 -year contract option. The integrated method of using both larvacides and adulticides is effective. Clarke, and their staff (many of whom were with Professional Mosquito Control), have been good to work with, and have shown themselves to be qualified mosquito management professionals. The 3 -year contract option would allow City staff to better budget and quantify program costs. Q�b) 2008 City of Hutchinson Agreement • 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 Complete inspections of retention ponds as outlined. Treat ponds as required from the inspections. 2 inspections & treatment 1 inspection & treatment on of around June 20"' @ $6532.00 1 inspection & treatment on or around July 20th @ $6532.00 • 2 Treatment of retention ponds for Larval Control with VectoLex® (Bacillus sphaericus), VectoBac® (Bacillus thuringiensis israelensis — Bti.) Part III. Adult Control A. Adulticiding in Residential Areas: 1. 9 weekly Community-wide truck ULV treatments of up to 100 miles with a synthetic pyrethroid base insecticide at $3077.00 per treatment. 2. 2 additional Community-wide truck ULV treatments 1) August 11th & August 25th of up to 100 miles with a synthetic pyrethroid base insecticide at $3077.00 per treatment. 3. Any additional areas (after #1 — 2) will be based at $33.84 per mile. 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. • Page 4 of 4 q Cb) 2008 City of Hutchinson Agreement Clarke Environmental Mosquito Management, Inc. • Client Agreement and Authorization The City of Hutchinson Environmental Mosquito Management Program I. Program Payment Plan: For Parts I, II, III, as specified in the 2008 contract. Inspection & Larval Control $13064.00 (-5 %) $12410.80 9 weekly Adult Control $27693.00 ( -5% $26308.35 2 Additional Adult Control $ 6154.00 (-5 %) $5846.30 Total $46911.00 (-5%) $44565.45 Less 5% discount for total payment received no later than April 15'" 2008 II. Approved Contract Period and Agreement: Please check one of the following contract periods: ❑ 2008 Season ❑ 2008 thru 2010 Season • (costs not to exceed 5% over previous season) (New areas to be covered in will be pro-rated to the program cost at the rates in effect at the time.) For City of Hutchinson: Sign Name: Title: For Clarke Environmental Mosquito Management, Inc.: Name: John P Kreyer Sr. Title: • Date: Control Consultant Date: Page 4 of 4 °I C. b�) 2008 City of Hutchinson Agreement • Clarke Environmental Mosquito Management, Inc. Client Agreement and Authorization The City of Hutchinson Environmental Mosquito Management Program TERM AND TERMINATION: This Agreement has an automatic Renewal Clause. The term of the Agreement shall commence on the date when both parties have executed this Agreement and shall continue for a period ending on December 31, 2010 (the "Initial Term"). Unless either party hereto provides the other party with written notice at least Ninety (90) days prior to the end of the Initial Term or any subsequent renewal term, this Agreement shall automatically continue to renew for additional term, each term having a duration equal to the Initial Agreement. If a party hereto fails to comply with a provision of this Agreement, then the other party shall have the right to terminate this Agreement if it gives written notice of the default to the defaulting party and the defaulting party fails to cure the default within sixty days of receipt of said notice. II. Price Increases: The price for the services rendered hereunder may be increased by Clarke Environmental Mosquito Management, Inc. ("Clarke') on the first day of any Calendar year commencing on January 1, 2009 (a "Price Increase Date") by a percentage which shall not exceed the greater of the percentage increase of the consumer price index during the calendar • year which immediately precedes the Price Increase Date or five percent (5 %) (the "Price Increase Percentage7. Clarke Environmental Mosquito Management, Inc. may petition the City of Hutchinson at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not be reasonably foreseen by a prudent operator. New areas to be covered will be pro-rated to the program cost at the rates in effect at the time. For City of Hutchinson: Sign Name: Title: For Clarke Environmental Mosquito Management, Inc.: Date: Name: John P Kreyer Sr. Titie: Control Consultant Date: • Page 4 of 4 °kc lo) 2008 City of Hutchinson Agreement Clarke Environmental Mosquito Management, Inc. Client Authorization The City of Hutchinson Environmental Mosquito Management Program Administrative Information: Invoices should be sent Name: Address: City: Office Phone: Purchase Order Number: Fax: Treatment Address (If different from above): Address: 4wI ty. Contact Person for CRY of Hutchinson: Name: Office Phone: Home Phone: Fax: Cell: State: State: Title: E -Mail E -Mail: Pager. Alternate Contact Person for City of Hutchinson: Name: Title: Office Phone: Fax: E -Mail: Home Phone: Cell: Pager. Zip Zip 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 Cr E, Clearwater, MN. 55320 or Fax at (320) 558 2223 • Page 4 of 4 �1y1 P,-4 -5111 CHAPTER FOUR • TRAFFIC AND PARKING REGULATIONS 420. PARKING REGULATIONS 420.01 Every vehicle parked upon any street with a curb shall be parked parallel to the curb and with the right hand wheels of such vehicle within twelve inches of the curb; on other streets a vehicle shall be parked to the right of the main traveled portion thereof and parallel thereto and in such a manner as not to interfere with the free flow of traffic; provided, however, that the Chief of Police may designate certain streets in the City of Glencoe where parking shall not be paralleled, but shall be at an angle with the curb, and in such cases all vehicles shall be parked in the designated manner. This shall not apply, however, to any vehicle disabled upon any street, but any police officer of the city may require the person in charge thereof to move it to a place of safety, and if such movement is not made or if any motor vehicle is left alone or abandoned in any such position, the officer may provide for the removal of such vehicle to the nearest convenient garage or other place of safekeeping. 420.02 No person shall park a vehicle or permit it to stand, whether attended or unattended, upon any highway within the City, in any of the following places: a. On a sidewalk. • b. In front of a public or private driveway. C. Within an intersection. d. Within 10 feet of afire hydrant. e. On a cross walk. Within 10 feet of a crosswalk at an intersection. g. Within 30 feet of any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway. h. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings. i. Within 50 feet of the nearest rail of a railroad crossing. j. Within 20 feet of the driveway entrance to any fire station and, on the side of a street opposite the entrance to any fire station, within 75 feet of said entrance when • properly sign - posted. 16 Cc-•) • k. Along side or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. M. Upon any bridge or other elevated structure upon a highway, except as otherwise provided by the Council by resolution. n. At any place where official signs prohibit stopping. 420.03 No person shall, for camping purposes, leave or park a house trailer on any street or the right of way thereof. 420.04 No vehicle shall be parked on any street for the purpose of displaying it for sale. 420.05 No vehicle shall in any case be parked upon any street in any one place for a longer continuous period than twenty four hours. 420.06 The City Council may establish a no- parking zone in the area of schools to provide for no parking between 7:00 A.M. to 4:00 P.M. during school days. Appropriate signs will be erected in all school zone no parking areas. The City Council shall from time to time have the power by resolution to add to, subtract from or establish additional school no parking zones. The initial no parking zones shall be 15d' Street and 16th Street from Pryor Avenue to Union Avenue and Pryor Avenue, Queen Avenue, Russell Avenue, Stevens Avenue and Union Avenue from 14th Street to 161i Street and Pryor Avenue north of 16th Street to the tennis courts. The City Council shall issue to residents who live on such street special parking permits for use of residents and their bonatide visitors, who shall be permitted to park in school no parking zones, subject to other parking regulations." 420.07 There is hereby established a district to be known as the congested district within the which the rules set forth in this section shall be in force. The congested district shall include the following streets: Franklin Street between Ford Avenue and Ives Avenue; Hennepin Avenue between Thirteenth Street and Tenth Street; and Greeley Avenue between Thirteenth Street and Tenth Street. 420.08 The Chief of Police may designate certain blocks within the congested district as a 30 minute, one hour or two hour limited parking zones and shall mark by appropriate signs any zones so established. Such zones shall be established in the congested district wherever necessary for the convenience of the public or to minimize hazards and to preserve a free flow of traffic. No person shall park any vehicle in any limited parking zone between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m., of any • week day for a longer period than is specified on the signs marking such zones. loCa,7) • 420.09 The Chief of Police may establish in each block in the congested district one or more loading zones and shall mark by appropriate signs any zone so established. Such zones shall be located at places most convenient for the use of the public and with regard to traffic conditions in the block. No person shall, between the hours of 8:00 o'clock am. and 6:00 o'clock p.m. of any weekday, park any vehicle in any loading zone except for the purpose of receiving or discharging passengers or freight and then only for a period no longer than is necessary for the discharge or receipt of such passengers or freight. 420.10 No person shall turn a vehicle on any street in the congested district so as to reverse its direction. 420.11 The Chief of Police may, whenever necessary to preserve a free flow of traffic or to prevent accidents, designate any intersection within the congested district as one where the turning of vehicles to the left or to the right, or both, is to be restricted and shall mark by appropriate signs any intersection so designated; but no intersection on a hunk highway shall be so designated until the consent of the State Commissioner of Highways to such designation is obtained. No person shall turn a vehicle at any such intersection contrary to the directions on such signs. 420.12 The Chief of Police may designate any street as a through street and any intersection as a stop intersection where necessary to preserve the free flow of traffic and to prevent • accidents; and he shall post appropriate signs at the entrance to such streets or intersections; but no trunk highway shall be designated as a through street and no intersection on a trunk highway shall be designated as a stop intersection unless the consent of the Commissioner of Highways to such designation is first secured. Every driver of a vehicle shall bring his vehicle to a full stop before entering any stop street or intersection properly designated and posted as such by the Commissioner of Highways or the Chief of Police. 420.13 That it shall be illegal to park between the hours of 1:00 am. and 6:00 am. of any day on the following streets: On Franklin from Greeley to Ives and on Greeley and Hennepin from 13th Street to 10th Street on 212. 420.14 That it shall be illegal for any trucks, other than trucks classified as 3/4 ton pickup trucks, to park upon the following streets: On Franklin Avenue from Elliot to Ives and on Greeley from 13th Street to 10th Street, except when said trucks are loading or unloading merchandise to be delivered to or from any place of business on said streets. 420.15 Any person so parking shall be guilty of a misdemeanor and shall be punished by a fine of not less than Ten and no /100 ($10.00) Dollars nor more than One Hundred and no /100 ($100.00) Dollars, nor less than ten (10) days nor more than 90 days in jail or both. (See Uniform Misdemeanor Violation Penalties in General Regulation Section ioCO3� • of Code.) (Source: Sections 420.01 through 420.12 adopted Ordinance No. 106 on February 2, 1942; Sections 420.1 through 3, through 420.15 of Ordinance No. 150 adopted January 3, 1955; Section 420.06 repealed by Ordinance No. 429 on November 4, 1996. Section 420.06 adopted by Ordinance No. 468 on November 6, 2000.) 421 421.01 Section 1: Section 421.01 of the Glencoe Municipal Code shall be amended to read in its entirety to read: "421.01 After any snowfall event, no motor vehicle shall be parked (a motor vehicle includes every self - propelled device by which any person or property is or may be transported or drawn upon) after 12:01 a.m. on any public street within the City of Glencoe until the public street has been plowed curb to curb." Section 2: This ordinance shall take effect and be in force from and after its passage and publication. • 421.02 Snow birds are hereby declared to be a nuisance and unlawful within the City of Glencoe. C� J 421.03 The owner of any vehicle parked in violation of this ordinance shall be subject to the penalty for violation of this ordinance notwithstanding whether or not such person firm, or corporation actually parked such a vehicle. The owner of any vehicle for the purpose of this provision shall be the record owner according to registration thereof and of record with the State of Minnesota, Department of Public Safety. 421.04 The Chief of Police or any regular police officer shall have the authority to order any vehicle parked in violation of this ordinance to be towed. No vehicle shall be redelivered to the owner thereof nor any other person claiming the lawful right and possession of the same, until all fines and towing charges have been paid. 421.05 Each violation of Section 421.01 through 421.04 shall be punishable as a petty misdemeanor punishable by a fine of $50.00. (Source: Ordinance No. 320 adopted December 17, 1984; Sections 421.01 and 421.05 amended by Ordinance No. 429 adopted November 4, 1996.) to CC,�) 11 City Ordinance Length Problem Comments Alexandria Yes Unlawful No When a complaint comes in Residents can make they go an explain ordinance arrangements with private businesses to park (i.e. Fleet Farm charges $5 -$10) Brainerd Yes Unlawful unless No Mainly have companies w / loading or private property to park unloading Detroit Lakes Glencoe Litchfield Northfield Yes 6 hours No Deal w/ complaints on a case Have created a "hang tag" by case basis explaining ordinance. Have an overflow city lot that is not used where semis may park while the owner is home Red Wing Yes Unlawful in No Deal w/ complaints on a case residential areas by case basis Rochester Yes 1 hour No Deal w/ complaints on a case Stores with large parking lots by case basis are posted at entrance no semi parking St. Cloud Yes Unlawful in areas No Have truck stops where they zoned R1 through park R7 Willmar Yes 2 hours No y "ARTICLE III. STOPPING, STANDING AND PARKING GENERALLY* 1�litIvino r- 0 n U Sec. 15-55. Truck parking. Page 1 of 1 3o-�3- - ,;?3S -a,:)y� No tricks classified as one -ton vehicles or over, semitrailers or tractors, unattached camping or house trailers, implement trailers, or similar vehicles shall be permitted to park on any public street, thoroughfare, public alley, parking lot or public property for a period longer than two (2) hours, except where such vehicle is parked on a street or thoroughfare on which the adjacent properly on both sides of the street or thoroughfare is zoned for light industry (LI) or heavy industry (HI). This restriction shall not apply to vehicles actually engaged in moving household furniture or furnishings, small delivery trucks, service trucks, or service trailers, however, each vehicle or trailer exempted in this section shall be subject to section 15 -50. (Code 1978, § 820.08; Ord. No. 1223, § 2, 9 -8-05) -Z) 6-iU�SD11 � (-) CC�) http:// Iibrary2 .municode.conVmce/DocView /12199/1/85/88 12/13/2007 v - ARTICLE III. STOPPING, STANDING AND PARKING GENERALLY* Page 1 of 1 Sec. 15-50. Parking for more than forty -eight hours prohibited; removal of vehicle. • No vehicle, including service trailers, shall be parked or left standing at the curb on any street or avenue or any public place in the city for more than forty -eight (48) hours at any one (1) time. In any case of parking of a vehicle for more than fortymeight (48) hours, any police officer of the city is authorized and empowered to remove the vehicle from the street, avenue or public place where parked and to safely keep the vehicle until the owner or person in charge of the vehicle calls for the vehicle.The owner shall pay to the city, before the automobile is returned to him, such reasonable sum for a towing charge and parking fee as the city council may fix from time to time by motion. The city shall have a lien against the automobile for the amount so determined, which shall be of the same force and effect as a lien against personally in possession of the city. The lien may be foreclosed, and the property taken by the city for the charges, in the manner provided for such procedures under the law of thestate relating to foreclosure of motor vehicle liens, M.S.A. § 514.35. For purposes of this section and section 15 -55, service trailer shall mean a trailer used for commercial purposes when it is actually being used for commercial purposes and is parked within two hundred (200) feet of the site where the commercial service is being provided. (Code 1978, § 820.05; Ord. No. 1223, § 1, 9f -05) • LJ �oCc-�) http:// Iibrary2 .municode.com/mcc/DocView /12149/1/85/88 12/13/2007 �X� � � 3/27/02 THIS PAGE REPLACES PAGE 7 -1 • CHAPTER 7 TRAFFIC AND PARKING REGULATIONS Section 7.01 Definitions. The definitions of terms used in this Chapter shall be those definitions set forth in Minn. Stat. 168.011, as amended, and Minn. Stat. § 169.01, as amended. Source: Ord. 484 -2°d Series Effective Date: 3/25/02 Section 7.02. unreasonable Acceleration of a Motor Vehicle. No person shall start or accelerate any motor vehicle with an unnecessary exhibition of speed on any public or private way within the city limits. Prima -facie evidence of such unnecessary exhibition of speed shall be unreasonable squealing or screeching sounds emitted by the tires of the throwing of sand or gravel by the tires of said vehicle, or both. Any person who violates this section shall be guilty of a petty misdemeanor. Section 7.03. Through Streets. Subd. 1. The council may designate "through streets" by erecting stop signs or yield signs at entrances thereto or may designate any intersection as a stop or yield intersection by erecting like signs at one or more entrances to such intersection; provided, that with reference to State trunk highways, the consent of the Commissioner shall first be obtained. Subd. 2. Each driver of a vehicle shall stop at a stop sign or at a clearly marked stop line before entering the intersection, except when directed to proceed by a police officer or traffic control signal. Subd. 3. Specifically included in this section shall be "fold down" type of stop and yield signs, designed for use at critical periods during heavy traffic at specified intersections. Section 7.04 Presumption. As to any vehicle parked in violation of Chapters 6 and 7, when the driver thereof is not present, it shall be assumed that the owner parked the same, or that the driver as acting as the agent of the owner. Section 7.05 General Parking Prohibitions. It is unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the specific directions of a police officer or traffic control device in any of the following places: (1) on a sidewalk; (2) in front of a public or private driveway; (3) within an intersection; (4) within ten feet of a fire hydrant; (5) on a crosswalk; (6) within twenty feet of a crosswalk at any • �k TrucK Sipe ��7 -1 V_J r) j co M YY� 1 \,occ 3/28/02 THIS PAGE REPLACES PAGE 7 -2 • intersection; (7) within thirty feet upon the approach to any flashing beacon, stop sign of traffic control signal located at the side of a roadway; (8) within fifty feet of the nearest rail of a railroad crossing; (9) within twenty feet of the driveway entrance to any fire station; (10) alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic; (11) in the roadway side of any vehicle stopped or parked at the edge of a curb of a street; (12) upon any bridge or other elevated structure upon a street; or, (13) at any place where official signs prohibit stopping. Section 7.06. Unauthorized Removal. It is unlawful for any person to move a veh cle not owned by such person into any prohibited area or away from a curb such distance as is unlawful. Source: Ord. 335 -2°d Series Effective Date: 12/28/92 Section 7.07. Recreational Equipment Parking. It is unlawful for any person to leave or park recreational equipment, as defined in Minn. Stat. § 168.011, subd. 25, as amended, on or within the limits of any street or right of way, except where signs are erected designating the place as a campsite, for more than twenty -four (24) hours. . Source: Ord. 484 -2°d Series Effective Date: 3/25/02 Section 7.08. Direction to proceed. It is unlawful for any person to. stop or park a vehicle on a street when directed or ordered to proceed by any police officer invested by law with authority to direct, control or regulate traffic. Section 7.09. Parallel Parking. Except where angle parking is specifically allowed and indicated by curb marking or sign - posting, or not, each vehicle stopped or parked upon a two -way road where there is an adjacent curb shall be stopped or parked with the right -hand wheels of the vehicle parallel with, and within twelve (12) inches of the right -hand curb, where painted markings appear on the curb or the street such vehicle shall be within such markings, front and rear, provided that upon a one -way roadway all vehicles shall be so parked, except that the left -hand wheels of the vehicle may be parallel with and within twelve (12) inches from the left -hand curb, by the front of the vehicle in any event and with respect to the remainder of the vehicle, shall be in the direction of the flow of traffic upon such one -way street; and it is unlawful to park in violation of this Section. 9 7 -2 1 CD C0-1 3/28/02 THIS PAGE REPLACES PAGE 7 -3 iSection 7.10. Angle Parking. Where angle parking has been established and is allowed, as shown by curb marking or sign - posting, or both, each vehicle stopped or parked shall be at an angle of approximately forty -five to sixty degrees with the front wheel touching the curb and within any parking lines painted on the curb or street, provided that the front wheel not touching the curb shall be the portion of the vehicle furthest in the direction of one -way traffic; and it is unlawful to park in violation of this Section. 9 Section 7.11. Streets Without Curbs. Upon streets not having a curb each vehicle shall be stopped if parked parallel and to the right of the paving, improved or main traveled part of the street; and it is unlawful to park in violation of this Section. Section 7.12. Controlled Parking Hours and Penalties for violation. Parking on the streets shall be limited as follows: Subd. 1. It is unlawful for any person to stop, park or leave standing any vehicle upon any street for a continuous period in excess of twenty -four (24) hours. Source: Ord. 335 -2°d Series Effective Date: 12/28/98 Subd. 2. The Chief of Police may, when authorized by the Council, designate certain streets, blocks or portions of streets or blocks, as five (5) minute, ten (10) minute, fifteen (15) minute, thirty (30) minute, one (1) hour, two (2) hour, three (3) hour, four (4) hour, six (6) hour, or eight (8) hour limited parking zones and shall mark by appropriate signs any zones so established. Such zones shall be established whenever necessary for the convenience of the public or to minimize traffic hazards and preserve a free flow of traffic. It is unlawful for any person to park a vehicle in any limited parking zone between the hours of 8:00 o'clock a.m., and 6:00 o'clock p.m., of any day for a longer period than is specified in the sign - posting of such zone. Source: Ord. 413 -2"d Series Effective Date: 5/11/98 Subd. 3. It shall be unlawful to park a vehicle on a street against the flow of traffic, within a limited parking area or so as to block or infringe upon a cross -walk, sidewalk, driveway or upon a boulevard adjacent to a City street. 7 -3 1 (2:) Cr,� 3/28/02 THIS PAGE Subd. 4. placed on permitted of this section, sh a violation thereof fine of $3.00. REPLACES PAGE 7 -4 Penalties. Violation of the restrictions parking, as defined in Subdivisions 1, 2 and 3 all be a petty misdemeanor and the penalty for shall be: a. If paid within 48 hours of the violation, a b. Is such a fine is not paid within 48 hours of the violation, not is paid within 10 days thereof, the fine shall be $6.00. c. Is such fine shall not be paid within 10 days of the violation, any person found guilty of such violation shall be punished as for any misdemeanor. d. If a fine is paid within 10 days of the violation, as specified herein, it may be paid by depositing the same in a courtesy box provided for that purpose and at such convenient locations as may designated by the Chief of Police. Subd. 5. It is unlawful for any person to stop, park or leave standing any vehicle on a street in a traffic lane, within a loading zone while not actually unloading or within an • otherwise designated no parking zone. Subd. 6. Penalties. Violation of the restrictions paced on permitted parking, as defined in Subdivision 5 of this section, shall be a petty misdemeanor and the penalty for a violation thereof shall be: a. If paid within 48 hours of the violation, a fine of $10.00. b. If such a fine is not paid within 48 hours of the violation, but is paid within 10 days thereof, the fine shall be $20.00. C. If such fine shall not be paid within 10 days of the violation, any person found guilty of such violation shall be punished as for any misdemeanor. Failure to pay the fine as set forth above may also cause suspension of the person's driver's license pursuant to state law. d. If a fine is paid within 10 days of violation, as specified herein, it may be paid by depositing the same in a courtesy box provided for that purpose and at such convenient locations as may designated by the Chief of Police. 9 7 -4 i0 Co�� • 3/28/02 THIS PAGE REPLACES Section 7.13. Emergenc Restrictions. In order to promote public convenience cleaning, the following addi in effect: PAGE 7 -5 and Street Cleaning Parking facilitate movement of traffic and in times of emergency and street tional parking restrictions shall be Subd. 1. ■Emergency' Defined. An emergency means a condition created on City streets because of the presence of snow, freezing rain, sleet, ice or snow drifts thereon, or other natural phenomenon which create or are likely to create hazardous road conditions or impede or likely to impede the free movement of fire, health, police, emergency or other vehicular traffic when the same shall have been duly declared by the Street Commissioner, or in the Street Commissioner's absence, the Chief of Police. Subd. 2. Declaration of Emergency; Procedure and Effective Time. Whenever in the discretion of the Street Commissioner, an emergency exists, the Street Commissioner may declare the same and notify news media requesting them to cooperate in giving notice to the community and its motorists. Two hours after notice to the news media the emergency shall be in effect, and shall remain in effect for a period of seventy -two (72) hours, but declaration and notice may extend such emergency for subsequent seventy -two (72) hour periods if given as herein . required for the initial declaration and notice. Subd. 3. unlawful Acts. A. For the purpose of facilitating snow removal, it is unlawful, between the hours of 1:00 o'clock a.m. and 7:00 o'clock a.m. on any day, to park or leave standing any vehicle upon either side of any street adjacent to the Douglas County Courthouse or within one -half block on either side of any street adjacent to any school, church or hospital. B. For the purpose of snow removal on all streets other than those described in Sub- paragraph A of this Subdivision, it is unlawful, during a snow emergency declared by the Street Commissioner pursuant to Subd. 2 of this section, to park any vehicle on any City street for a period of 72 hours or until the snow emergency has been lifted. Section 7.14. Truck Parking. Subd. 1. It is unlawful to park a detached semi- trailer upon any street, municipally owned parking lot, or other public property. • 7 -5 bcc�) • 3/28/02 THIS PAGE REPLACES PAGE 7 -6 Subd. 2. Semi- Trailer Parking. It is unlawful to park a semi- trailer, whether or not attached to a truck tractor, within the City outside of a designated trucking terminal unless the semi- trailer meets all of the following conditions: A. The semi - trailer is located in an area zoned commercial or industrial and, B. The semi- trailer is located entirely on private property and placed in a designated trailer parking area and, C. The semi- trailer does not obstruct or limit access to or traffic flow on any public street and, D. The semi- trailer is loaded or unloaded during a period not exceeding ten (10) days unless 1. The semi- trailer is used to store materials for manufacture or resale for an interim period of not more than 60 days, or 2. The semi- trailer is used as a construction site office or a construction site storage facility • provided the name of the construction firm is identified on the semi - trailer, and the semi - trailer is located on the construction site or at the construction company's permanent place of business, and E. The semi - trailer is located not closer than twenty (20) feet from any building. Subd. 3. It is unlawful to park a commercial vehicle of more than three - quarter (3/4) ton capacity between 8:00 o'clock a.m. and 6:00 o'clock p.m. on any weekday within any metered parking space, but parking of such vehicle for a period of not more than thirty (30) minutes shall be permitted in such space for the purpose of necessary access to abutting property for loading or unloading when such access cannot reasonably be secured from an alley or adjacent street where truck parking is not so restricted. Source: Ord. 335 -2nd Series Effective Date: 12/28/92 Subd. 4. Bus Parking. It is unlawful to park a bus upon any public street in the City of Alexandria except when engaged in loading and unloading operations, which operations shall not exceed eight consecutive hours. • 7 -6 l(:)CC) 0 3/28/02 THIS PAGE REPLACES PAGE 7 -7 Subd. 5. Trailer Parking. It is unlawful to park a trailer upon any public right -of -way, alley, or street except when engaged in loading and unloading operations. Source: Ord. 484 -2nd Series Effective Date: 3/25/02 Section 7.15. Parking Restrictions in Municipal Parking Lots and Ramps. In municipally owned parking lots and ramps, the Council may limit the sizes and types of motor vehicles to be parked thereon, hours of parking, and prescribed method of parking, provided that such limitations and restrictions are sign - posted or meter - posted thereon. It is unlawful to park any vehicle in any municipally owned parking lots and ramps contrary to the restrictions or limitations so sign - posted or meter - posted. Section 7.16. Impounding and Removing Vehicles. When any police officer finds a vehicle standing upon a street or municipally owned parking lot in violation of any parking regulation such officer is hereby authorized to require the driver or other person in charge of such vehicle to remove the same to a position in compliance with this Chapter. When any police officer finds a vehicle unattended upon any street or municipally owned parking lot in violation of any parking regulation, such officer is hereby authorized to impound such unlawfully parked vehicle and to provide for the removal thereof and to remove the same to a convenient garage or other facility or place of safety; provided, that if any charge shall be placed against such vehicle for cost of removal or storage, or both, by anyone called upon to assist therewith, the same shall be paid prior to removal from such place of storage or safekeeping. Section 7.17. Parking Privileges for Physically Handicapped. Subd. 1. Scope of Privilege. Any physically handicapped person who displays prominently upon the automobile parked by said person or under said person's direction and for said person's use, the distinguishing certificate or insignia specified in this Section shall be entitled to courtesy in the parking of such automobile and be relieved of any liability with respect to parking except as provided in Section 7.05. Subd. 2. Definition of Physically Handicapped. "Physically handicapped" as employed herein shall include any person who has sustained an amputation or permanent material disability of either or both arms or legs, or who has been otherwise permanently disabled in any manner rendering it • difficult and burdensome for said person to walk. 7 -7 lU Cad • 3/28/02 THIS PAGE REPLACES PAGE 7 -8 Subd. 3. Identifying Certificate. The identifying certificate or insignia provided for herein shall be such as is issued by the Motor Vehicle Division in the office of the Secretary of State of the State of Minnesota, in accordance with rules and regulations of the Secretary of State, and upon application certified to by a qualified physician. Subd. 4. Revocation. If the Police of this City shall find that such certificate or insignia is being used improperly, they shall report the same to their superior who shall report such improper use to the Chief of Police, and the Chief of Police shall, in turn, report such improper use to the Motor Vehicles Division in the Department of Public Safety of the State of Minnesota, and the Commissioner of Public Safety may, in said person's discretion, remove the privilege. Subd. 5. Penalty. Any person who is not physically handicapped and who exercises the privilege granted a physically handicapped under Subdivision 1 is guilty of a petty misdemeanor and the penalty therefor, if paid within 48 hours of the violation, shall be a fine of $10.00. If such fine is not paid within 48 hours of the violation, but is paid within 10 days • thereof, the fine shall be $20.00. If such fine shall not be paid within 10 days of the violation, any person found guilty of such violation shall be punished as for any misdemeanor. If a fine is paid within 10 days of the violation, as specified herein, it may be paid by depositing the same in a courtesy box provided for that purpose and at such convenient locations as may be designated by the Chief of Police. Section 7.18. Loading Zones. Subd. 1. In controlled street parking areas in the City of Alexandria loading zone permits may be granted by the City Council for an annual term commencing January 1 of each year. Loading zones shall be marked by approved signs and it shall be unlawful to park or leave a motor vehicle unattended in a loading zone. Subd. 2. Prior to the issuance of any loading zone permit the City council shall refer the application to the Police Department of the City of Alexandria for an evaluation as to potential safety and traffic hazards created by the issuance of the permits as applied for. Subd. 3. The annual fee for each loading zone permit shall be $100.00. Each annual loading zone permit shall be issued for a calendar year, and permits issued for less than a calendar • 7 -8 lb Cad year shall be assessed a prorated fee for that remaining portion of the calendar year at the time of the issuance of the permit. • 1/12/06 THIS PAGE REPLACES PAGE 7 -9 Subd. 4. The City Clerk shall determine dates of payment, permit forms and loading zone signs. Subd. 5. For purposes of this ordinance the term loading zone shall be construed as being one parking space as designated in the City of Alexandria. Subd. 6. The policy of the City of Alexandria shall be to issue one loading zone permit per applicant, however, upon special request and for good cause shown, two loading zone permits may be issued to the same applicant. Subd. 7. Loading zone permits may be revoked or suspended by the City Council with our without cause at any time. Upon a revocation without cause the permit fee shall be refunded on a pro rata basis. Section 7.19. Reserved Parking - Off Street Parking Lots. Subd. 1. on city -owned off street parking lots, the City of Alexandria may issue reserved parking permits for individual parking spaces on an annual basis. The issuance of permits and identification of reserved parking spaces shall be • determined by the City Administrator. Reserved spaces shall be marked by appropriate signs and the application for such a parking space shall identify by vehicle the designated occupant of the reserved parking space. • Subd. 2. The annual fee for each reserved parking space shall be $100.00. Each annual reserved parking permit shall be issued for a calendar year and permits issued for less than a calendar year shall be assessed a prorata fee for that remaining portion of the calendar year at the time of issuance of the permit. Subd. 3. The City Administrator shall determine the dates of payment, permit forms and appropriate signs. Subd. 4. Reserved parking permits may be revoked or suspended by the City Council, with or without cause, at any time. Upon revocation without cause, the permit fee shall be refunded on a pro rata basis. 7 -9 Source: Ord. 335 -2nd Series Effective Date: 12/28/92 0 • Section 7.20. Special Use Vehicles. Subd. 1. Definitions. For purposes of Section 7.20 Special Use Vehicle is a motorized flotation -tired golf cart or 4- wheel all- terrain vehicle with four low pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. Subd. 2. Permit. A permit is required for the owner, or user, to operate a special use vehicle in the City on forms prescribed by the City and as recommended by the Chief of Police and approved by the Alexandria City Council. Permits may be granted for a period not less than one year and may be annually renewed. A permit may be revoked at anytime if there is evidence that the permittee cannot safely operate the special use vehicle. Subd. 3. Designated Roadways. The special use vehicles are authorized on roadways as reviewed and approved by the Chief of Police on a case -by -case basis. Special use vehicles are prohibited on: a) T.H. 29 (Broadway) North and South, b) T.H. 27 East and West, c) CR 62 West, d) CR 22, e) North Nokomis Street, f) CR 42, g) CR 44, h) McKay Avenue, i) CR 45, j) CR 46, k) Geneva Road, 1) Birch Avenue, m) South Broadway, n) Nokomis Street, o) Dakota Street, p) Aga Drive, q) Frontage road between Dakota Street and T.H. 29 South, r) 5th Avenue West, S) Fairgrounds Road, t) Willow /Latoka Drive, u) Cedar Street between 5u' Avenue and 10th Avenue, v) Fillmore Street between 3rd Avenue and 10th w) Avenue, Hawthorne Street between 3rd Avenue and 10tH Avenue, x) 6th Avenue between Fillmore Street and McKay Avenue, 7 -10 IQCC-� Y) • Z) aa) bb) cc) dd) ee) ff) 10th Avenue between Cedar Street and Nokomis Street, Jefferson Street between 3rd Avenue and 30" Avenue, Rosewood Lane, 22nd Avenue, 30th Avenue, 34th Avenue, 50th Avenue, and Interstate 94. Subd. 4. Physician Certificate. As a condition to obtain a permit the applicant must submit a certificate signed by a physician that the applicant is able to safely operate a motorized special use vehicle. Subd. 5. Times of Operation. Motorized special use vehicles may only be operated on roadways approved by the Chief of Police from sunrise to sunset. They shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog, or other conditions, or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet. Subd. 6. Slow- Moving Vehicle Emblem. The motorized special use vehicle, when operated on designated roadways, shall • display the slow- moving vehicle emblem provided for in Minnesota Statutes 169.522 when operated on designated roadways. n LJ Subd. 7. Insurance. The applicant shall provide evidence of insurance complying with the provisions of Minnesota Statutes Section 65.48, Subdivision 5. Subd. 8. Crossing Intersection Roadways. The operator, under permit, of a motorized special use vehicle may cross any street or highway intersecting a designated roadway. Subd. 9. State Law Compliance. The operator of any special use vehicle must comply with all state and federal traffic laws and regulations. 7 -11 Source: Ord. 577 -2"d Series Effective Date: 12/27/05 lD cc�1 me,► GIB- • CHAPTER PARKING REGULATIONS (SEE CHAPTER 7 FOR DEFINITIONS, SCOPE AND APPLICATION RELATING TO THIS CHAPTER) SECTION 9.01. PRESUMPTION. As to any vehicle parking in violation of Chapters 7, 8 and 9 when the driver thereof is not present, It shall be presumed that the owner parked the same, or that the driver was acting as the agent of the owner. SEC. 9.02. GENERAL PARKING PROHIBITIONS. It is unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the specific directions of a police officer or traffic control device in any of the following places: (1) on a sidewalk; (2) in front of a public or private driveway; (3) within an intersection; (4) within ten feet of a fire hydrant; (5) on a crosswalk; (6) within twenty feet of a crosswalk at any intersection; (7) in a sign- posted fire lane; (8) within thirty feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway; (9) within fifty feet of the nearest rail of a railroad crossing; (10) within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when properly sign- posted; (11) alongside or opposite any street excavation or • obstruction when such stopping, standing or parking would obstruct traffic; (12) on the roadway side of any vehicle stopped or parked at the edge or curb of a street; (13) upon any bridge or other elevated structure upon a street; (14) at any place where official signs prohibit or restrict stopping, parking or both; (15) in any alley, except for loading or unloading and then only so long as reasonably necessary for such loading and unloading to or from adjacent premises; (16) on any boulevard which has been curbed; or, (17) at any place where there is a yellow painted curb. Source: Ordinance No. 258, Third Series Effective Date: 8 -16-99 SEC. 9.03. RECREATIONAL CAMPING VEHICLE PARKING. Subd. 1. Definition. The tens "recreational camping vehicle" means any of the following: A. 'Travel Trailer"- A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "Travel Trailer' by the manufacturer of the trailer. B. "Pick -up Coach A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. • 9 -1 Pro"- Ivb op+,Uns - w,+eta-! gFcr4eS wort( la Cc-) • C. "Motor Home " - A portable, temporary building to be used for travel, recreation and vacation, constructed as an Integral part of a self- propelled vehicle. D. 'Camping Traller"- A folding structure, mounted on wheels and designed for travel, recreation and vacation uses. Subd.2. Unlawful Act. It Is unlawful for any person to leave or park a recreational camping vehicle on or within the limits of any street or right-of -way for a continuous period in excess of sox (6) hours, except where signs are erected designating the place as a campsite or in a mobile home park. Provided, however, that during such six (6) hour period, such vehicle shall not be occupied as living quarters. SEC. 9.04. UNAUTHORIZED REMOVAL. It is unlawful for any person to move a vehicle not owned by such person into any prohibited area or away from a curb such distance as is unlawful. SEC. 9.05. DIRECTION TO PROCEED. It is unlawful for any person to stop or park a vehicle on a street when directed or ordered to proceed by any police officer invested by law with authority to direct, control or regulate traffic. SEC. 9.06. PARALLEL PARKING. Except where angle parking is specifically • allowed and Indicated by curb marking or sign- posting, or both, each vehicle stopped or parked upon a two-way road where there is an adjacent curb shall be stopped or parked with the right -hand wheels of the vehicle parallel with, and within twelve inches of, the right -hand curb, and, where painted markings appear on the curb or the street, such vehicle shall be within such markings, front and rear, provided that, upon a one -way roadway all vehicles shall be so parked, except that the left -hand wheels of the vehicle may be parallel with and within twelve inches from the left -hand curb, but the front of the vehicle in any event and with respect to the remainder of the vehicle, shall be in the direction of the flow of traffic upon such one-way street; and it is unlawful to park in violation of this Section. • SEC. 9.07. ANGLE PARKING. Where angle parking has been established by Council resolution, and is allowed, as shown by curb marking or sign - posting, or both, each vehicle stopped or parked shall be at an angle of approximately 45 to 60 degrees with the front wheel touching the curb and within any parking lines painted on the curb or street, provided that the front wheel not touching the curb shall be the portion of the vehicle furthest In the direction of one -way traffic; and it is unlawful to park in violation of this Section. SEC. 9.08. STREETS WITHOUT CURBS. Upon streets not having a curb each vehicle shall be stopped or parked parallel and to the right of the paving, improved or main traveled part of the street; and It is unlawful to park in violation of this Section. 9-2 occ") • SEC. 9.09. PARKING HOURS. Parking on streets shall be limited as follows: Subd. 1. It is unlawful for any person to stop, park or leave standing any vehicle upon any street for a continuous period in excess of twenty (20) hours. Subd. 2. The Council may designate certain streets, blocks or portions of streets or blocks as prohibited parking zones, or five - minute, ton-minute, fifteen - minute, thirty- minute, one -hour, two -hour, four -hour, six -hour, eight -hour, morning or afternoon rush hour limited parking zones, temporary restricted parking zones, If posted at least twenty - four (24) hours in advance, or snow emergency routes, and shall mark by appropriate signs any zones so established. Such zones shall be established whenever necessary for the convenience of the public or to minimize traffic hazards and preserve a free flow of traffic. It is unlawful for any person to stop, park or leave standing any vehicle in a prohibited or restricted parking zone during the following times: A. for a period of time in excess of the sign - posted limitation; B. during sign - posted hours of prohibited or restricted parking; or C. with regard to a snow emergency route, no parking during the hours of 2:00 a.m. to 6:00 a.m. during the months of November, December, January, February and March. • Source: Ordinance No. 91, Third Series Effective Date: 11 -26-90 Subd. 3. It is unlawful for any person to remove, erase, conceal, obscure or otherwise obliterate any mark or sign placed upon a tire or other part of a vehicle by a parking enforcement officer for the purpose of measuring the length of time such vehicle has been parked. Source: Ordinance No. 171, Third Series Effective Date; 4 -30-95 Subd. 4. For the purpose of enforcement of this Section, any vehicle moved less than 300 feet or that Is re- parked in the block in which said vehicle was originally parked in a limited time parking zone shall be deemed to have remained stationary. A vehicle is deemed to be parked in the block it Is facing if diagonally parked; or if parallel parked, in the bkxck abutting the passenger side of the car. A block consists of the area enclosed by intersecting streets and includes both sides of the intersecting streets. Source: Ordinance No. 215, Third Series Effective Date: 4-01 -97 • 9-3 �0 Cam) • SEC. 9.10. TRUCK PARKING. Subd. 1. It is unlawful to park a detached semi - trailer upon any street, City - owned parking lot, or other public property except streets as specifically designated by the Council by resolution and sign - posted. Subd. 2. It is unlawful to park a semi - trailer, truck - tractor, or a combination thereof, within an area zoned as a residential district, except for the purpose of loading or unloading the same. Subd. 3. It is unlawful to park a commercial vehicle of more than one -half ton capacity within any parting space, but parking of such vehicle for a period of not more than twenty (20) minutes shall be permitted in such space for the purpose of necessary access to abutting property for loading or unloading when such access cannot reasonably be secured from an alley or from an adjacent street where truck parking Is not so restricted. Subd. 4. It is unlawful to park a truck or other vehicle using or equipped with a trailer, or extended body or other extension or projection beyond the original length of such vehicle, or any passenger bus, diagonally along any street except for a time sufficient to load or unload, and in such case, only parallel parking shall be permitted. Provided, however, that a truck may stand backed up to the curb if the weight or bulk of the load makes parallel parking impracticable, but then only for a period of time • sufficient to load or unload. SEC. 9.11. PARKING RULES IN CITY PARKING LOTS AND RAMPS. In City- owned parking lots and ramps, the Council may limit the sizes and types of motor vehicles to be parked thereon, hours of parking, and prescribed method of parking, provided that such limitations and restrictions are marked or sign - posted thereon. It Is unlawful to park or leave standing any vehicle backed into a parking place, to drive in a direction opposite the flow of traffic marked by "one -way" signs or arrows, or to park any vehicle in any City owned parking lot or ramp contrary to the restrictions or limitations marked or sign - posted therein. • SEC. 9.12. EMERGENCIES. In order to facilitate movement of traffic and promote public convenience in times of emergency, the following additional parking restrictions shall be in effect. Subd. 1. Emergency Defined. For purposes of this section an emergency means a condition created on City streets because of the presence of snow, freezing rain, sleet, ice or snow drifts thereon, or other natural phenomenon which create or are likely to create hazardous road conditions or impede or likely to impede the free movement of fire, police, health, emergency or other vehicular traffic when the same has been duly declared by the Public Services Director, or in his/her absence, the Chief Law Enforcement official. 9-4 vuc0.) • Subd. 2. Declaration of an Emergency. Whenever, in the discretion of the Public Services Director, chief Law Enforcement official, or their designates, an emergency exists, the same shall be declared and an announcement thereof shall be made over the local news media. Subd. 3. Unlawful Act. During a declared emergency, it is unlawful for any person to allow a vehicle or other obstruction to remain parked on any residential street or alley after the time so announced as the time for the beginning of snow removal operations In the City, provided that such announcement shall be made at least eight (8) hours prior to the set time. This prohibition shall remain in affect in any given block until such time as the street has been cleared or plowed to the curb. It Is unlawful for any person to park or allow any vehicle or device to be parked within seventy -five (75) feet either side of an area which has not been plowed to the curb. Source: Ordinance No. 207, Third Series Effective Date: 12 -23-96 SEC. 9.13. UNATTENDED VEHICLE. Subd. 1. It Is unlawful for any person to leave a motor vehicle unattended while the engine is running. • Subd. 2. It is unlawful for any person to leave a motor vehicle unattended with the key In the Ignition. I' LJ SEC. 9.14. VEHICLE REPAIR ON STREET. It is unlawful for any person to service, repair, assemble or dismantle any vehicle parked upon a street, or attempt to do so, except to service such vehicle with gasoline or oil or to provide emergency repairs thereon, but in no event for more than sic (6) hours. SEC. 9.15. ADVERTISING FOR SALE. It is unlawful for any commercial establishment to park a vehicle on any street for the sole purpose of advertising such vehicle for sale. SEC. 9.16. PHYSICALLY HANDICAPPED PARKING. Subd. 1. Statutory parking privileges for physically handicapped shall be strictly observed and enforced. Police officers are authorized to tag vehicles on either private or public property in violation of such statutory privileges. Subd. 2. It is unlawful for any person, whether or not physically handicapped, to stop, park, or leave standing, a motor vehicle (1) in a sign - posted fire lane at any time, 9-5 l0 Cr':� • or (2) in lanes where, and during such hours as, parking Is prohibited to accommodate heavy traffic during morning and afternoon rush hours. Source: City Code Effective Date: 5-1 -85 SEC. 9.17. IMPOUNDING AND REMOVING VEHICLES. When any police officer finds a vehicle standing upon a street or City -owned parking lot in violation of any parking regulation, such officer is hereby authorized to require the driver or other person in charge of such vehicle to remove the same to a position in compliance with this Chapter. When any police officer finds a vehicle unattended upon any street or City -owned parking lot In violation of any parking regulation, such officer is hereby authorized to impound such unlawfully parked vehicle and to provide for the removal thereof and to remove the same to a convenient garage or other facility or place of safety; provided, that if any charge shall be placed against such vehicle for cost of removal or storage, or both, by anyone called upon to assist therewith the same shall be paid prior to removal from such place of storage or safekeeping. Source: Ordinance No. 207, Third Series Effective Date: 12 -23 -96 0 (Sections 9.18 through 9.49, inclusive, reserved for future expansion.) • SEC. 9.50. PARKING VIOLATION NOTICE. Notices of parking violations may be ticketed by means of envelopes stating a general description of the vehicle, the nature of the offense and the fine. Violations of parking regulations which are a petty misdemeanor under this Chapter shall Incur a fine in accordance with the schedule which shall be set, from time to time, by City Council resolution. Source: Ordinance No. 170, Third Series Effective Date: 4 -30-95 (Sections 9.51 through 9.98, inclusive, reserved for future expansion.) SEC. 9.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or falls to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: ED t0 cc-) • Subd.1. Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, he shall be punished as for a misdemeanor, where a violation is committed In a manner or under circumstances so as to endanger or be likely to endanger any person or property, he shall be punished as for a misdemeanor, where he stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parting of an unattended vehicle, within the immediate preceding 12 -month period for the third or subsequent time, he shall be punished as for a misdemeanor. 0 n U Subd.2. As to any violation not constituting a misdemeanor under the provisions of Subdivision 1 hereof, he shall be punished as for a petty misdemeanor. Source: City Code Effective Date: 5-1-85 9-7 Icy Cam) ._2�1 . �_A OLAO Pa0)605o s$-J Section 700:30. Trucks and Delivery Vehicles. • Subd. 1. Residential Truck Parking. No person will park a bus, truck - tractor, farm tractor, road tractor, trailer, semi - trailer, truck, commercial or industrial vehicle of any type on a street, highway, or on public property in an area zoned Rl, R2, R3, R3A, R4, R5, R6, and R7. (a) The provisions of Subdivision 1 of this section will not apply to light trucks classified as 1/2 ton and 3/4 ton pickups, panels and sedan deliveries, or to vehicles temporarily parked by the driver, while the driver is engaged in the performance of a trade or occupation within a residentially zoned area Subd. 2. Alley Re ations. No person will drive over any public alley within a parking meter zone, any truck or other vehicle the total weight of which is more than eight tons (including pay load), the length of which is greater than 30 feet or the width of which is greater than eight or any truck or other vehicle to which there is attached a trailer of such dimensions and weight as to make the combined length of truck and trailer greater than 30 feet or the width of either of which is greater than eight feet or of which the combined total weight (including pay load), is greater than eight tons. Vehicles other than trucks will not be parked in public alleys except for pick -up or delivery, and then not to exceed five minutes, and trucks will not be parked for a longer period of time than is necessary to load or unload commodities, and then not to exceed 30 minutes. Subd. 3. Cattle Truck Parking. It is unlawful to leave standing upon any street or public alley of the City any cattle truck for a period exceeding one hour. Those portions of the City that are zoned Rural Residential or Agricultural by the St. Cloud Zoning Ordinance are exempt • 0 from this restriction. Subd 4. Double Parking. Vehicles will not be double parked on a street or highway, except trucks when loading or unloading merchandise when access to the curb at or immediately adjacent to the place of delivery is blocked by other vehicles, and then only for a length of time as is necessary to load or unload, time in any event and not to exceed 15 minutes. No truck will be double parked at any time on the left side of a one -way street or on a street ending in a cul-de -sac. Subd. 5. Delivery Vehicles, Loading. For the purpose of loading or unloading merchandise, delivery vehicles may park in any parking meter space except a 15 minute meter space for a period of not more than 30 minutes without the operator depositing coins. I ru� �oPs cZ- �'hszx- ,,��,� afd�inar,ce IDCC -) ARTICLE IV. STOPPING, STANDING AND PARKING* • ARTICLE IV. STOPPING, STANDING AND PARKING' Page 1 of 6 over- -now (of 'State law references: Stopping, standing and parking, Minn. Stat. § 169.32 at seq.; authority to regulate standing and parking, Minn. Stat. § 169.04(a)(1). Sec. 78 -91. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Limited parking sign means any sign not inconsistent with this article placed or erected for the regulation of parking by authority of this article. Each limited parking sign installed shall indicate by proper legend that parking is not permitted or the permitted parking time established by the city. Limited parking space means a space within a public street or municipally owned parking area which is adjacent to or near a limited parking sign and which is designated for parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street or municipally owned parking area. Municipally owned parking area means any municipally owned land, ground or property where the parking of automobiles, wagons, carts, motorcycles, or other vehicles is permitted. Owner means any person owning or renting a vehicle or being vested with immediate right of possession thereof. Park and parking mean the standing of a vehicle, whether occupied or not, upon a street or municipally owned parking area otherwise than temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle because of causes beyond the control of the person. Person means any person, firm, individual, association or corporation who operates a vehicle as the owner thereof or as the agent, employee, or permittee of the owner, or who is in actual physical control of a vehicle. Radio announcement means an announcement by at least one radio station whose normal operating range covers the city and which shall originate from the proper city officials as designated by the city council. Snow means snow and ice. Snow plowing emergency means a period of time during which parking is restricted on public streets and municipally owned parking areas within the city commencing with a radio announcement and continuing for no longer than four days, except that such snow plowing emergency shall be deemed to have terminated on a street or municipally owned parking area when the full width of such street or municipally owned parking area has been plowed. Snow plowing emergency schedule means a schedule which the city may establish by resolution duly published once in the official newspaper of the city designating when certain public streets and municipally owned parking areas are to be plowed during the time period designated as a • snow plowing emergency. Street means any public street, avenue, road, alley, highway, lane, path, or other public place http://Iibrary2.municode.com/mcc/DoeView/I 3439/1 / 123/ 127 vc)Cc�) 12/13/2007 ARTICLE IV. STOPPING, STANDING AND PARKING' Page 2 of 6 located in the city and established for the use of vehicles. Vehicle means any device in, upon or by which any person or property is or may be transported •or drawn upon a street, except a device which is operated upon rails or tracks or which is moved by human power. (Code 1986, § 720:00) Cross references: Definitions generally, § 1 -2. Sec. 78 -92. Limited parking areas or spaces. Individual limited parking areas or spaces on any street or within any municipally owned parking area shall be designated by the city council by resolution. The limited parking spaces shall be designated by lines painted or durably marked on the curbing or the surface of the street or municipally owned parking area. The city council shall cause limited parking signs to be installed upon the curb or, sidewalk immediately adjacent to the limited parking spaces or adjacent to any street or municipally owned parking area designated as a limited parking area. The city council shall be responsible for the regulation, control, operation and use of the limited parking signs. (Code 1986, § 720:30) Sec. 78 -93. Limited parking signs. (a) Except in a period of emergency determined by an officer of the fire or police department or in compliance with the directions of a police officer or traffic control sign or signal, parking of vehicles in limited parking spaces or limited parking areas shall be restricted as designated by the limited parking signs. (b) The city council may, by an affirmative vote of at least four members of the city council, pass a resolution, to be duly published once in the official newspaper of the city, to suspend the operation of the limited parking signs for a stated period. (Code 1986, § 720:35) Sec. 78 -94. Parking In more than one limited parking space. No person shall park a vehicle within more than one limited parking space. (Code 1986, § 720:75) Sec. 78-95. Overnight parking. Overnight parking in a municipally owned parking lot may be regulated by the city council by resolution. The police department shall issue overnight parking permits, good for one year, to persons who have a reasonable need for one. (Code 1986, § 720:30(1)) Sec. 78 -96. Prohibited parking. No person shall park a vehicle, except in compliance with the directions of a police officer or traffic control device, in any of the following places: b CG-) http:// Iibrary2. municode .com/mcc/DocView /13439/l/123/127 12/13/2007 ARTICLE IV. STOPPING, STANDING AND PARKING' Page 3 of 6 (1) On any boulevard within 100 feet of the street right - of-way line of an intersection. (2) Alongside any curb that has been painted yellow. (Code 1986, § 720:70) State law references: Parking prohibited in certain places, Minn. Stat. § 169.34. Sec. 78-97. Overtime parking. (a) No person shall park a vehicle in one space upon a street or municipally owned parking area for a period exceeding 48 hours. (b) No person shall park a vehicle, over 12,000 pounds gross vehicle weight, for more than six hours on a public street, except such vehicles which are personal, recreational, or noncommercial vehicles. (c) No person shall park a vehicle, over 12,000 pounds gross vehicle weight, on a public street within a residential area or within 100 feet of a residential dwelling between the hours of 10:00 p.m. and 6:00 a.m. while the engine of the truck is running or while a motorized refrigeration unit on such truck is audibly running. (d) No person shall park a vehicle in a limited parking space or limited parking area without fully complying with the parking restrictions as designated by limited parking signs. (Code 1986, § 720:65) Sec. 78-98. Diagonal parking. Diagonal parking shall be required in areas selected by the city council and designated with appropriate legible signs stating "diagonal parking." In any such diagonal parking area, every vehicle shall have the front of such vehicle facing the curb or the edge of the traveled portion of the street at an angle of approximately 45 degrees and facing between the painted or other markings on the curb or street indicating the parking space. In all areas other than those so designated, parallel parking shall be required. (Code 1986, § 725:00) State law references: Angle parking, Minn. Stat. § 169.35. Sec. 78 -99. Parking on lefthand side of one -way streets. Parking of vehicles on the lefthand side of one -way streets is permitted subject to the following restrictions: (1) Except where angle parking is designated, no person shall park a vehicle upon the lefthand side of a one -way street where there is an adjacent curb, unless such vehicle is parked with the lefthand wheels parallel with and within 12 inches of the lefthand curb. (2) Except where angle parking is designated, no person shall park a vehicle on the lefthand side of a one -way street not having a curb, unless such vehicle is parked parallel with and to the left of the paved or improved or main - traveled part of the street. •(Code 1986, § 720:75) State law references: Parking on left, Minn. Stat. § 169.35. koCc� http:// Iibrary2 .municode.com/mcc/DocView /13439/1/123/127 12/13/2007 ARTICLE IV. STOPPING, STANDING AND PARKING* Page 4 of 6 • Sec. 78 -100. Establishment of snow removal regulations. Parking regulations to facilitate snow removal, including the establishment of snow removal routes and snow plowing emergency schedules, shall be as established by the city council by resolution. (Code 1986, § 720:40) Sec. 78 -101. Parking during snow plowing emergencies. No person, except physicians on emergency calls, police cars, hearses, ambulances, fire department vehicles, and vehicles called out for emergency repairs to electric, light and power lines, telephone lines, sewer and water systems, shall park any vehicle on any street or municipally owned parking area designated by the city council as a snow removal route during any time period designated as a snow removal period, nor shall any person park any vehicle on any street or municipally owned parking area which isscheduled to be plowed pursuant to a snow plowing emergency schedule during a period designated as a snow plowing emergency. (Code 1986, §§ 720:45, 720:80) Sec. 78 -102. Winter parking. (a) It shall be illegal for any person to park a motor vehicle on any public street in the city from 2:00 a.m. to 6:00 a.m. from November 15 to March 15 in any year. • (b) In an extreme hardship the chief of police shall have the authority to grant a permit to allow parking during the hours established in subsection (a) of this section. (c) Any person in violation of this section shall be subject to penalties as provided for in sections 78 -104 and 78 -105. (Code 1986, § 720:71) Sec. 78 -103. Snow deposits. Snow falling on or plowed into boulevards and snow falling on private property shall not be deposited upon a street or municipally owned parking area. However, if a boulevard sidewalk on a snow removal route abuts the edge of the street for more than 20 feet, snow falling on such boulevard sidewalk may be deposited on the edge of the adjacent street, provided that such snow shall be deposited on the street prior to snow removal. (Code 1986, §§ 720:50, 720:80) Sec. 78 -104. Violation and penalties. Any person who violates sections 78- 93(a), 78 -94, 78-96, 78-97, 78-99, 78 -101, 78 -102, 78- 103, 78 -105, and 78 -106 shall be guilty of a petty misdemeanor punishable by a fine in the amount established by resolution. Each two-hour period in a two -hour parking zone that a violation of this section exists shall be a separate offense. After the first tagged violation, each 15- minute period in a no • parking yellow zone, bus stop or taxi zone or a double parking zone shall be a separate offense. All vehicles in violation are subject to being towed away at the owner's expense. http://Iibrary2.municode.com/mce/DocView/13439/l/123/127 bccl:� 12/13/2007 ARTICLE IV. STOPPING, STANDING AND PARKING' Page 5 of 6 (Code 1986, §§ 720:10(1), 720:95, 720:100) • State law references: Towing authorized, Minn. Stat. § 169.041. Sec. 78 -105. Towing of vehicles. (a) Subject to the requirements of state law, any vehicle parked in violation of this article may be summarily removed without notice to the owner or operator thereof by any person employed or designated by the police department. The vehicle may be removed to and stored in any parking lot or garage designated by the police department. The vehicle so removed under this article shall not be redeemed by the owner or operator until the cost of removing, towing and storage of the vehicle shall first be paid to any party having claim for services rendered in the removing, towing and storing of the vehicle. Any vehicle unclaimed after five days in storage shall be considered an abandoned motor vehicle and shall be dealt with in any lawful manner as provided by law by the party having such claim. Any person who so abandoned a motor vehicle on any public property, without the consent of the person in control of such property, shall be guilty of the offense set forth in section 78 -104. (b) No person shall remove a vehicle which has been towed or stored pursuant to this section until the cost of removing, towing, and storage of the vehicle shall have been paid to the party having the claim for services rendered in the removing, towing and storage of the vehicle. (Code 1986, §§ 720:55, 720:85) State law references: Towing, Minn. Stat. § 169.041. • Sec. 78 -106. Owner's liability. The registered owner or real owner of a vehicle shall be responsible for any parking violation under this article committed by someone using the vehicle, unless the owner has prohibited the person from using the vehicle. (Code 1986, § 720:90) Sec. 78 -107. Authority to provide bus stops, taxicab stands and similar matters. Nothing in this article shall be construed as prohibiting the city from providing by resolution for bus stops, taxicab stands, and other matters of a similar nature, including the loading or unloading of trucks, vans, or any commercial vehicles. (Code 1986, § 720:105) Sec. 78 -108. Community service officer. (a) The community service officer shall have the power to issue tickets for violations of the parking provisions of this Code including but not limited to sections 78-1, 78-91, and 78 -107, and all Minnesota Statutes and rules which relate to parking and all amendments and additions thereto. The community service officer shall also have the power of a "parking enforcement officer" and a 'parking enforcement employee" as established under the Minnesota Statutes and all amendments and additions thereto. The term 'ticket' used in this section shall apply to both • the standard city parking violation envelope/ticket and the uniform traffic ticket established by Minn. Stat. § 169.99. 10 CCU ht tp:// Iibmry2.municode.com/mcc/DocView /13439/1/123/127 12/13/2007 ARTICLE W. STOPPING, STANDING AND PARKING* Page 6 of 6 (b) The community service officer shall not be authorized to do any of the following: • (1) Arrest or otherwise take a violator into custody; (2) Secure a promise to appear in court from a violator in lieu of arrest; r � L_I 9 (3) Make a representation of being a peace officer or part -time peace officer, or (4) Perform or attempt to perform any act, duty or responsibility reserved by law for licensed peace officers, constables and part-time peace officers. (c) Before becoming qualified to write tickets as described above, the community service officer must successfully complete a training program approved by the chief of police which shall provide instruction in the requirements of the law, the method of issuing tickets and other related matters. (Ord. No. 746, § 720:99, 5 -7 -2001) Secs. 78- 109 -78 -135. Reserved. �b C &� http://Iibray2.municode.com/mcc/DocView/13439/l/123/127 12/13/2007 Brainerd City Code 1320.01 (New 1998) • Section 1320 Parking of Commercial Vehicles in Residential Districts 1320.01. Policy. Purpose. The purpose of this section is to regulate the parking of certain commercial vehicles in residential districts to protect the health, safety and welfare of the citizens of the City of Brainerd, and to preserve the residential character of the areas zoned as such 1320.03. Definitions. Subdivision 1. For the purpose of this section, the terms defined in this subsection have the meaning given them. Subd. 2. "School Bus" shall mean that term as defined in Minnesota State Statutes Chapter 169.01, Subdivision 6, as may be amended from time to time. Subd. 3. "Commercial Vehicle" shall mean that term as defined in Minnesota State Statutes Chapter 169.01, Subdivision 75, as may be amended from time to time. 1320.05. Parking Prohibited. It shall be unlawful for any person, business, or other entity to park a school bus or a commercial vehicle, idling or with the engine off, within the public right -of- way in all Residential Districts of the City.. 1320.07. Exceptions. School buses which are actively loading or unloading passengers; • commercial vehicles which are actively engaged in loading, unloading, or providing a service; commercial vehicles associated with public or private construction and parked within 500 feet of the construction location; and the parking of commercial vehicles on private property which is primarily used for commercial or industrial purposes. 1320.09. Penalty. Any person violating any provision of this section is guilty of a petty misdemeanor and shall be punished by a fine consistent with Minnesota State Statutes Chapter 169.89, Subdivision 2, as may be amended from time to time. (Added by Ordinance No. 1055.) (Amended Ord. 1214) • %kr+`�t�,� P�b�Qt1� rl'�U��rp l to Co,�� No� � o� Pcojp%er(� truck for any purpose or period of time other than for the expeditious loading or unloading of passengers or commodities in any space established by the council as a passenger and commodity loading zone, and so signed or marked, during the hours when the regulations applicable to such zone are effective. In no case shall the stop for loading or unloading passengers or commodities in such zones exceed 15 minutes. 134.17. Parking in Alleys in Congested Zone. No person shall park a vehicle in a public alley within the congested zone for a longer period of time that is necessary to load or unload commodities. In loading or unloading commodities, a non-commercial vehicle must not park for longer than ten minutes and a commercial vehicle must not park for longer then 30 minutes. This section does not apply to alleys specifically signed for no parking. 134.18. Loading Hours in Congested Zone. This section repealed per ordinance # 3474 — effective 5/8/02. 134.19. Double Parking. Subdivision 1. Except as provided in subdivision 2 of this section, no person shall double park a vehicle on any street. Subd 2. A person may double park a truck on a street, other than a U.S. Highway, so long as: A. The time of double parking does not exceed 15 minutes; • B. The double parting occurs solely for the purpose of loading or unloading commodities; a hereinafter provided. Trucks may be double parked not to exceed 15 minutes for the purpose of loading and unloading commodities under the following conditions: C. Alley access to the place of loading or unloading does not exist. D. Access to the curb at or immediately adjacent to the place of loading or unloading is blocked by other vehicles; E. The double parking of the truck does not cause another vehicle to cross into the opposing lane of traffic in order to pass the double parking. 134.20. Vehicles Backed to Curb. No vehicle shall be backed up to the curb or parked backed up to the curb unless: a) within the congested zone for the purpose of loading or unloading commodities and a permit to do so is first obtained from the police departrnent; or b) outside the congested zone, a vehicle may be backed up to the curb but only when the weight or bulk of the load necessitates loading or unloading in K r h'w1- -+6y1Ve IOCC ) n �J such position, and then only for the period of time necessary to so load or unload such commodities. 134.21. Vehicles for Sale. No person shall place any vehicle on a street or alley to display the same for sale or exchange. A vehicle shall be deemed to be displayed in violation of this section when found standing upon a street or alley, and bearing a sign or other marking indicating that it is for sale or exchange. 134.22. Parkina of Certain Vehicles Prohibited in Congested Zone. No person shall park any of the following described vehicles, for any purpose, in the congested zone, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device. (1) Any vehicle exceeding 25 feet in length except as provided in section 134.17. (2) Any trailer or semi- trailer or vehicle with a trailer or semi- trailer attached, except as provided in section 134.17. (3) Any vehicle transporting explosives or flammable liquids as a cargo or part of a cargo except for the purpose of making deliveries. 134.23. Parking of Certain Vehicles Restricted. Subdivision 1. No person shall • park any of the following described vehicles on any street, alley or City-owned public parking lot for more than one hour. (A) Trucks of a capacity of more than 3/4 ton, according to manufacturer's rating. • (B) Trucks or motorhomes having an over -all length of more than 20 feet, or width at any point of more than six feet. (C) Dump trucks, tractors, truck- tractors, trailers, boats and boat trailers, semi- trailers or any heavy machinery. (D) Any truck, trailer or semi - trailer which is being used for the transportation of livestock or has been used for the transportation of livestock and has not been cleaned. (E) Any vehicle, truck, trailer or semi-trailer which is being used for the display of advertising. Subd. 2. This section does not apply to overnight parking related to emergencies, public works projects, construction projects, or Civic Center or community events where such overnight parking is approved by the Police Department or the Public Works vD ca- • Department. (3722, 7118/05; 3775, 6/19/06) 134.24. Certain Vehicles Prohibited from Angle Parking. No vehicle or combination of vehicles exceeding 20 feet in length shall stop, stand or park in any place or space lined or marked for angle parking. 134.25. Restrictions on Primary Traffic Streets: Two -Way Streets. On two-way streets where the width of the roadway or the distance between the curbs is less than 30 feet, no person shall park any vehicle at any time except for the purpose of loading or unloading commodities, and such stops shall not be for a longer period of time than necessary to accomplish such purpose. On two -way streets where the width of the roadway or the distance between the curbs is 30 feet or more but less than 36 feet, parking is prohibited on one side of such street and no person shall park any vehicle on that side of such street on which the council has prohibited parking, except for the purpose of loading and unloading commodities, and such stops shall not be for a longer period of time than necessary to accomplish such purpose. 134.26. Restrictions on Primary Traffic Streets: One -Way Streets. On a one -way street where the width of the roadway or the distance between the curbs is less than 28 feet, • no person shall park any vehicle at any time except for the purpose of loading or unloading commodities, and such stops shall not be for a longer period of time than necessary to accomplish such purpose. On one -way streets where the width of the roadway or the distance between the curbs is 28 feet or more but less than 34 feet, parking is prohibited on one side of such street and no person shall park any vehicle on that side of such street on which the council has prohibited parking, except for the purpose of loading and unloading commodities, and such stops shall not be for a longer period of time than necessary to accomplish such purpose. 134.27. Primary Traffic Streets: Exceptions. The council may make exceptions to the parking restrictions and prohibitions set forth in 134.25 and 134.26 in justifiable cases where the safety and convenience of the traveling public will not be substantially impaired. 134.28. Parking Zones: General Limitation. No person, including any person in possession of a parking privilege for physically disabled certificate issued by state law, shall park any vehicle in any parking zone for a longer consecutive period of time than is designated on the signs, markings or parking meter instruction plates posted, painted or erected in such zone. In those zones or areas where no signs, markings or parking meter instruction plates are posted, painted or erected, no person, including any person in possession of a parking privilege for physically disabled certificate issued by state law, shall park any vehicle for more than 12 • t(.)Cc'� 0 • FROM: Gus Ziemer 1282 Sunburst way SE Hutchinson, MN 55350 TO: Gary Plotz City Administrator 111 Hassan St SE Hudchiuson, MN 55350 December 15, 2007 cc. Rebecca Bowers Zoning Director Bill Arndt 1660 South Grade Rd SW Kay Peterson 16 Grove St SW SUBJECT: Truck Parking in the Residential Areas Mayor Steve Cook 728 Juul Rd SW Jim Haugen 420 Grove St SW Casey Stotts 938 Jorgenson St SW The recent article in the Hutchinson Leader and the telecast on TV of our city council in action really sets a good example of how a government entity should NOT operate. Discussion on issues is one thing, but constant bickering is ridiculous. Gary maybe you should ask for the mayor's as well as every city council member's resignation so that a new city council can be elected to accomplish the task of conducting city business. As for allowing truck parking in residential areas within the city is ludicrous. It is hike parking mobile homes, RVs or creating a garbage dump on every other residential lot in the city. These facilities would be a heavenly sight over dirty filthy trucking rigs blocking the narrow residential roadways, smelling up the community, neighborhood and contammatmg the play ground areas for children with diesel fuel and oil. It costs the United States government $50 million dollars to cleanup the dirt around and under aircraft runways when our government closes a military, mstallation. Should we expose future generations of families with this contamination? The city is continuously raising property taxes to pay for city expanses. Are we going to pay higher property taxes so overweight trucks can destroy our housing area streets that are designed for residential traffic? Shouldn't the city establish a truck perking area? If a resident's only means of t anaportadon is a semi - hector or truck, then the city should buy the resident a tricycle or bicycle to get around the city. Many communities will not allow a second vehicle to be parked on a residential street. Other communities prohibit vehicles, basketball hoops, trailers, etc. from setting on the driveways for more 24 hours or clothes hanging on clothes lines in the back yard Hutchinson coot even maintain or enforce weed control in accordance with thew established ordnances much less govern a new truck parking ordnance. Housing areas are where people live and should be free and away from the commercial noise and air pollution as well as commercial contaminates. .. I i tbCa) • \J TO: Mayor & City Council FROM: Gary D. Plotz, City Administrator DATE: January 3, 2008 SUBJECT: Annual Visioning and Setting Objectives Hutchinson City Center 111 Hawn StreU SE Hukhlneon, MN 55350 -2522 320.587.5151/F= 320.2344240 We need to set a date and a general outline for the annual visioning and objective - setting work session. I have received some "input' from Council Members and the Mayor on what areas they would like to discuss. These include: • Setting budgetary parameters for 2009 (in January 2009). • Prioritizing some objectives (for 1 -3 years), including some sort of ranking system. • Discussion on the process of getting "public input' into the process. Maybe some options could be explained to greater detail by Katie Rasmussen. • Review of some efforts by other communities of their visioning, goal setting and public involvements (Gary) • Review of some of our past visioning and outcomes (Gary) Hopefully we can determine a date to start working on this project and discuss other agenda topics you desire. P.tedmrecyckd pp. - 10 Cbi