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cp12-28-2010 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 28, 2010 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Christ the King Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF DECEMBER 14, 2010 Action — Motion to approve as presented 6. CONSENT AGENDA onlyfor items requiring Council approval by external entities that would otherwise have been delegated to t e City Administrator. Traditionally, items are not discussed) (a) RESOLUTIONS AND ORDINANCES (b) PLANNING COMMISSION ITEMS CONSIDERATION OF REZONING PROPERTY AT 1105 5 AVENUE SW FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO 1.1 (LIGHT INDUSTRIAL DISTRICT) FOR RECYCLABLE MATERIAL COLLECTION CENTER REQUESTED BY MCLEOD COUNTY, PROPERTY OWNER (ADOPT RESOLUTION NO. 13833 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 11 -0665 FOR JANUARY 11, 2011) (c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO VFW POST 906 AUXILIARY ON FEBRUARY 5,2011; MARCH 5,2011; APRIL 2,2011; AND APRIL 22 & 23, 2011 (d) BOARD APPOINTMENTS /REAPPOINTMENTS - REAPPOINTMENT OF TERRY KEMPFERT AND JOANNE WILMERT TO PUBLIC ARTS COMMISSION TO AUGUST 2013 - APPOINTMENT OF DIANA ANDERSON TO HUTCHINSON AREA HEALTH CARE BOARD AS CITY APPOINTEE - REAPPOINTMENT OF HARRIET STURGES, RICK REINER AND CARROL OLSON TO SERNIOR ADVISORY BOARD TO JANUARY 2014 (e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF AN ORDINANCE APPROVING FRANCHISE AGREEMENT WITH MCLEOD COUNTY UNITED WAY TO PERMIT A SIGN ON CITY PROPERTY IN LIBRARY SQUARE (FIRST READING, SET SECOND READING AND ADOPTION FOR JANUARY 11, 2010) CITY COUNCIL AGENDA — DECEMBER 28, 2010 Action — Motion to reject — Motion to approve 8. COMMUNICATION RE UESTS AND PETITIONS (Purpose. to provide Council with information necessary to cra t wise po S icy. ways oo ing toward t e uture, not monitoring past) (a) DISCUSSION OF ONE -DAY LIQUOR STORE CLOSING No action. @a (a) CONSIDERATION FOR APPROVAL OF PROPOSED CHANGES TO HUTCHINSON HEALTH CARE BYLAWS Action — Motion to reject — Motion to approve (b) PRESENTATION BY CHIEF DAN HATTEN ON PEDESTRIAN SAFETY AND UPDATE ON SNOW EMERGENCY ORDINANCE PROCEDURES No action. 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF NEW ACCOUNTING STANDARDS FOR FUND BALANCE — ADOPTING A REVISED GENERAL FUND BALANCE POLICY AND COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS (ADOPTING RESOLUTION NOS. 13826 AND 13827) Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF ADOPTING 2011 COMPENSATION PLAN (ADOPT RESOLUTION NO. 13828) Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF ADOPTING 2011 GENERAL FUND BUDGET (ADOPT RESOLUTION NO. 13 829) Action — Motion to reject — Motion to approve (d) CONSIDERATION FOR APPROVAL OF ADOPTING CITY OF HUTCHINSON 2011 GENERAL FUND AND DEBT TAX LEVY (ADOPT RESOLUTION NO. 13830) Action — Motion to reject — Motion to approve (e) CONSIDERATION FOR APPROVAL OF ADOPTING 2011 HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY TAX LEVY (ADOPT RESOLUTION NO, 13 83 1) Action — Motion to reject — Motion to approve (f) CONSIDERATION FOR APPROVAL OF ADOPTING 2011 HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY TAX LEVY (ADOPT RESOLUTION NO. 13832) Action — Motion to reject — Motion to approve (g) CONSIDERATION FOR APPROVAL OF ADOPTING FIVE YEAR CAPITAL IMPROVEMENT PLAN FOR 2011 -2015 Action — Motion to reject — Motion to approve 2 CITY COUNCIL AGENDA — DECEMBER 28, 2010 (h) CONSIDERATION FOR APPROVAL OF RENEWING 2011 MEMBERSHIP O COALITION OF GREATER MINNESOTA CITIES Action — Motion to reject — Motion to approve (i) CONSIDERATION FOR APPROVAL OF RESCHEDULING JOINT CITY COUNCILMUTCHINSON UTILITIES COMMISSION MEETING Action — Motion to reject — Motion to approve 11. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) PLANNING COMMISSION MINUTES FROM NOVEMBER 16,20 10 12. MISCELLANEOUS 13. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 14, 2010 I . CALL TO ORDER — 5:30 P.M. Mayor Steve oo ca e t e meeting to order. Members present were Jim Haugen, Eric Yost, Bill Arndt and Chad Czmowski. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney 2. INVOCATION — Pastor Thor Skeie, Christ the King Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF NOVEMBER 23, 2010 Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (Purpose: only for items requiringg Council approval by external entities that would otherwise cave een a egate tot he City Administrator. Traditiorally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 10 -0663 — AN ORDINANCE AMENDING ZONING ORDINANCE SECTION 154.118 ADDING LANGUAGE TO THE FENCE REQUIREMENTS REGARDING FENCE SETBACKS FROM TRAILS (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 8 — LETTING NO. 1, PROJECT NO. 09 -01 (ENERGY PARK IMPROVEMENTS PHASE I) (c) CONSIDERATION FOR APPROVAL OF SIGNATORY FOR AIRPORT LAND (USDA FARM SERVICES AGENCY) (d) CONSIDERATION FOR APPROVAL OF 2011 HAULING LICENSE RENEWAL FOR TCW DISPOSAL (e) BOARD APPOINTMENTS /REAPPOINTMENTS - APPOINTMENT OF BYRON BETTENHEUSEN TO PARKS, RECREATION, COMMUNITY EDUCATION BOARD TO AUGUST 2011 - REAPPOINTMENT OF DWIGHT BORDSON TO HUTCHINSON UTILITIES COMMISSION TO DECEMBER 2015 (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 6(b) was pulled for separate discussion. Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of Item 6(b). Motion carried unanimously. 5�4 CITY COUNCIL MINUTES — DECEMBER 14, 2010 Item 6(b) had further discussion. Council Member Yost clarified that this change order is mainly due to the fuel adjustment. Kent Exner, City Engineer, explained that because the project began later than expected, there was a fuel escalation in 2010. Motion by Yost, second by Arndt, to approve Item 6(b). Motion carried unanimously. 7. PUBLIC HEARINGS — 6:00 P.M. (a) TRUTH IN TAXATION HEARING Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that this hearing is to review the budget and levy for the City of Hutchinson. The property valuation hearing is held in the Spring and appointments should be made with the County Assessor to have their property evaluated. Mr. Carter reviewed how 2010 market values are established by the County Assessor's office. Mr. Carter reviewed the City of Hutchinson's global statement. Mr. Carter then reviewed the City's core service areas as identified by the City Council. These include public safety, health & recreation, transportation, economic development, environment and good government. Mr. Carter elaborated on good government. He stated that good government ensures effective long range planning with community participation and feedback. Mr. Carter further reviewed the various budgets that make up the City's total budget. These include general fund, debt service, enterprise, special revenue and special budget. Mr. Carter reviewed the 2011 budget process timeline. The City Council set budget parameters for the general ]fund budget in early 2010. The preliminary general fund tax levy was adopted by the City Council on September 14, 2010. There were town hall budget meetings held on September 20, 2010, and November 18, 2010, along with the truth in taxation hearing being held tonight. The final levy will beset at the Council meeting on December 28, 2010. Mr. Carter explained what local government aid is and how it is utilized in a City's budget. Local government aid has been unalloted over the last several years, with the biggest cut coming in 2010 with a total unallotment of $627,987, along with a market value credit reduction of $294,722. Mr. Carter reviewed the pro- active measures the City Council and City management have taken due to the budget constraints and to align the organization for future budget issues. These include reducing reliance on local government aid to the fund the general operating budget, reducing full -time and part- time staff, reducing staff hours, consolidation of the City Administrator and Finance Director positions, five positions taking early retirement incentive program, no cost of living adjustment has been budgeted, reductions in operating expenses, overtime budgets and seasonal budgets and increases in certain user fees and some fees once waived will no longer be waived. Mr. Carter also reviewed historical staffing levels for the City of Hutchinson. The trend shows that staffing levels are lower than 10 years ago, however the population has grown by almost 1000 residents. In addition there has been an increase in miles of streets, trails, sidewalks, park acres and maintenance of the school district grounds. Mr. Carter then reviewed the 2011 general fund preliminary tax levy, which has been set at $4,479,446 This total includes the voter approved special mosquito levy of $35,000. The debt fund tax levy has been set at $1,880,741, which is a 5% increase from 2010. The levy impact on the average taxpayer is an overall increase of 2.9 %. The average taxes paid for City services by a homeowner with a home's value of $134,000 will be approximately $805 for 2011. Mr. Carter reminded the audience that the 5(0) CITY COUNCIL MINUTES— DECEMBER 14, 2010 City's portion of a resident's tax bill is approximately 38 %. The total budget for 2011 is proposed at $10,637,539. Public safety makes up approximately 35 %, general government 26 %, culture & recreation 20 %, streets & highways 18% and the airport I%. Mr. Carter then reviewed the 2010 & 2011 revenue sources. Lastly, Mr. Carter reviewed the City's five-year budget. General discussion was held regarding the City's mandated contribution to the Fire Relief Association. This mandatory contribution is the main driver for the 3% increase to the general fund levy. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. (b) DISCUSSION OF COMMUNITY DEVELOPMENT BLOCK GRANT /SMALL BUSINESS DEVELOPMENT CENTER AND CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13817 TO ACT AS LEGAL SPONSOR FOR SMALL BUSINESS DEVELOPMENT CENTER PROJECT AND AUTHORIZATION FOR STAFF TO EXECUTE DOCUMENTS TO IMPLEMENT PROJECT AND CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13818 ADOPTING RESIDENTIAL ANTI- DISPLACEMENT, RELOCATION ASSISTANCE AND DISPLACEMENT MINIMIZATION PLAN Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the EDA recently applied for and was awarded a grant in the amount of $37,500 to establish a Small Business Development Center in Hutchinson. Federal mandated requirements to obtain the grant include holding this public hearing, adopting the Residential Anti - Displacement, Relocation Assistance and Displacement Minimization Plan and adopt a Resolution authorizing the City to be the legal sponsor for the project and authorizing staff to sign documents. The project is proposed to provide one -on -one counseling free of charge to qualified small business participants. The office will be established on the Ridgewater East campus and business assistance services will be provided approximately 12 hours per week. Funding has been retained for 2011. Mr. Seppelt reviewed the proposed project, including the scope, project schedule and overall project cost; proposed financing; how the project will benefit low and moderate income persons; housing and community development needs, including those of low and moderate income persons; and the plans to minimize displacement of persons and businesses as a result of funded activities. Mr. Seppelt explained how the project will be administered for 2011 and not beyond. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Arndt, to adopt Resolution Nos. 13817 and 13818. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF ITEMS FOR SCHOOL ROAD NW IMPROVEMENT PROJECT — LETTING NO. 1, PROJECT NO. 11 -01 (ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that there is federal funding available for this project, hence the earlier public hearing date. A neighborhood meeting was held November 30, 2010. Some concerns expressed at the meeting surrounded around the proposed grass boulevard between the street curbing and the trail edge in regard to potential maintenance issues and necessary utility relocations. Some discussion of the proposed street width narrowing occurred with respect to perceived safety issues and driveway access limitations. Staff explained that the proposed boulevard width was required by Mn/DOT pathway standards and the narrower street width exceeded MnDOT geometric requirements. Mr. Exner reviewed general assessment information which is $30 per lineal foot of roadway frontage. The project is anticipated to start in the spring/summer of 2011. Mr. Exner reviewed the estimated cost of the project which is $1,443,200. Mr. Exner explained the components of the project. Butch Henke, 410 School Road, presented before the Council. Mr. Henke commented that the consensus at the neighborhood meeting did not go as presented this evening. Mr. Henke's home is rather close to the 5 �92) CITY COUNCIL MINUTES — DECEMBER 14, 2010 street at present. Mr. Henke noted that with the construction of the five -foot boulevard, his line gets even shorter. Mr. Henke expressed that he feels the consensus of the neighborhood is to not install the boulevard. Mr. Henke compared it to Hwy 7, which does not have a boulevard and has streetlights, signs, etc. installed. Jeanne Holfield, 860 School Road, presented before the Council. Ms. Holfield asked if the streetlights on the east side would remain. Mr. Exner noted that more than likely if there are existing streetlights, they will remain. Ms. Holfield raised concerns about existing trees on the west side that appear to her that may need to be taken down for the project. Mr. Exner noted that the entire area has been surveyed and very few trees, if any, will need to be removed. Mr. Exner spoke to the concerns of the boulevard and the industry standards that have been established. Colleen Mix, 732 Arizona Street SW, presented before the Council. Ms. Mix asked for the difference between a trail and a sidewalk. Mr. Exner explained that the definition is governed by the use. A trail is typically used for pedestrians, bikers, roller bladders and handicap vehicles and is a minimum of eight feet wide. Sidewalks are used for pedestrians and handicap vehicles and are a minimum of four -six feet wide. Ms. Mix commented on the necessity of the project. Mr. Exner explained that projects are scheduled through the capital improvement plan and the roadway improvement plan. Phil Meier, 1144 Fairway Avenue, presented before the Council. Mr. Meier asked if the industry standard guidelines were mandatory or recommended. Mr. Exner noted that they are mandatory if they are achievable. Mr. Exner stated that staff could request a variance, but it very likely would not be granted. Mr. Meier noted that a bike lane was created right next to the driving lane, which he feels is a safety hazard. Mr. Meier also asked if a 10 -foot trail width is mandatory and Mr. Exner affirmed. Mr. Meier asked that the City request to eliminate the boulevard. Discussion was held regarding the boulevard. Mr. Exner commented that he believes that if the city would request a variance from the boulevard, they would more than likely be denied. In addition, it would delay the project. Mayor Cook commented on the standards set for the boulevard and that should be met if there is accommodating room. Mayor Cook also spoke about street repairs /maintenance versus full reconstruction. Ms. Mix asked questions pertaining to the costs of the projects through assessments and how to more equally share them amongst all residents. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Mayor Cook acknowledged the concerns of the neighborhood of the boulevard, however the feeling of staff is that a variation would not be approved, and also, is it the right thing to do? Furthermore, should the boulevard not be installed per standards, the city could jeopardize receiving the federal funding that is available. Motion by Arndt, second by Cook, to approve ordering improvement and preparation of plans and specifications for Letting No. 1, Project No. 11 -01. Motion carried unanimously. General discussion was held regarding the costs associated with construction of the trail. Butch Henke spoke about the utilities on the west side. Mr. Henke raised concerns with the watermain not being checked during construction. The main has a history of breaks over the last several years. Mr. Exner noted that the issues are with the services that have been put in place and not the main itself. This is due to various contractors working on pieces of the services to the main over the life of the construction of the roads /homes. Excess cost would be assessed to the property owners for service checks. (d) CONSIDERATION FOR APPROVAL OF ITEMS FOR PLAZA 15 PARKING LOT IMPROVEMENTS, CITY PARKING LOT B RECONSTRUCTION AND TRUNK HWY 15 & SOUTH GRADE ROAD INTERSECTION RECONFIGURATION PROJECTS — LETTING NO. 5, PROJECT NO. 11-06,11-07 & 11 -08 (ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECFICIATIONS) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the projects include 4 5 CITY COUNCIL MINUTES — DECEMBER 14, 2010 roadway /parking lot reconstruction, curb and gutter, draintile installation, bituminous /concrete surfacing, stormwater /drainage improvements, water distribution/sanitary sewer repairs /upgrades, street fighting, trails /sidewalks, landscaping, restoration and appurtenances in the Plaza 15 parking area and City Parking Lot `B" at Franklin Street/I Avenue SW, and roadway /parking lot reconstruction, curb and gutter, bituminous /concrete surfacing, stormwater /drainage improvements, traffic signals, restoration and appurtenances at the TH15 South/South Grade Road SW intersection. Discussion was first held surrounding Parking Lot "B ". Two benefiting property owners have been identified, those being the school district and the apartmentibusiness property abutting the parking lot. Mr. Exner then reviewed the project at the intersection of TH 15 /South Grade Road SW. The majority of this project would be assessed to Hutchinson Health Care, property owners of Plaza 15. Blas Gonzalez, 135 Glen Street, presented before the Council. Mr. Gonzalez noted that the parking lot provides little to no value to his property so, therefore, he requested that he not absorb the assessments for the project. It was noted that due to the Gonzalez's lack of benefit to the parking lot improvements, he would more than likely not be assessed. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to approve ordering improvement and preparation of plans and specifications for Letting No. 5, Project Nos. 11 -06, 11 -07 and 11 -08. Motion carried unanimously. 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise p ot icy. ways oo ling toward thefuture, not monitoring past) (a) PRESENTATION OF $15,000 WORTH OF RESCUE TOOLS TO HUTCHINSON FIRE DEPARTMENT FROM FIREMEN'S FUND INSURANCE Hutchinson Assistant Fire Chief Casey Stotts presented before the Council. Mr. Stotts explained that in 2009 a new thermal imaging camera was needed by the fire department. Mr. Stotts applied for a grant to Purchase a new camera, which was completely funded by Firemen's Fund Insurance. Another need identified by the fire department was vehicle rescue equipment or otherwise known as the "jaws of life ". Again, Firemen's Insurance Fund applied a large monetary donation towards the equipment, along with a donation from the Crow River SnoPros and an anonymous donation. Josh Schroeder and Kris Andrews, Firemen's Fund Insurance, presented before the Council. Mr. Schroeder and Ms. Andrews presented the equipment to the fire department. (b) PRESENTATION BY CHIEF DAN HATTEN ON PEDESTRIAN SAFETY AND UPDATE ON SNOW EMERGENCY ORDINANCE PROCEDURES Due to a scheduling conflict, Chief Hatten was unable to present information on pedestrian safety and snow emergency ordinance procedures. This presentation will be given at the next Council meeting. Motion by Arndt, second by Haugen, to table this item to the next Council meeting. Motion carried unanimously. W 10. NEW BUSINESS (a) DISCUSSION OF CONDUCTING THE "NATIONAL CITIZEN SURVEY" IN 2011 Mayor Cook (see memo). $9900 for base survey. Gary Plotz, City Administrator, noted that the data collected is very beneficial in that it has tight comparisons to other cities. Mayor Cook displayed the last survey completed which contained in -depth information. 5 La) CITY COUNCIL MINUTES — DECEMBER 14, 2010 Council Member Arndt asked if the City did anything differently with the information from the last survey. Mayor Cook answered that he believes a survey is a beneficial planning tool. Gary Plotz also commented on the value of the ratings of projects that the community may want to see. Mayor Cook also noted that there is more unbiased, broader, direct input that may identify areas to be improved upon. Council Member Haugen asked if the internet could provide value to obtain survey information. Mayor Cook responded that most of the information collected would be unscientific. Surveys provide more feedback. A combination of Council budget, planning and/or administration -finance could fund the survey. Jeremy Carter, Finance Director, noted that he feels the survey is critical to creating the 2011 budget and can incorporate department metrics that will be instituted in 2011. It is a good way to gather citizen input that is not the most easy to obtain. Motion by Czmowski, second by Cook, to approve conducting the "National Citizen Survey" in 2011 in the amount of $15,000. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF ADOPTING 2011 CREEKSIDE FUND BUDGET — ADOPT RESOLUTION NO. 13819 It was noted that depreciation makes expenses higher than revenues in all of the funds. Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that revenues total $1,889,000 and expenses total $1,990,772. The fund is cash flowing by $44,000. Bag sales are more conservative for 2011. Motion by Arndt, second by Yost, to approve Resolution No. 13819, adopting the Creekside fund budget. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF ADOPTING 2011 REFUSE FUND BUDGET— ADOPT RESOLUTION NO. 13820 Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that revenues total $1,196,466 and expenses total $1,389,506. This budget is established under the premise that rates will remain flat for 2011. There is a cash flow of approximately $70,000. Motion by Arndt, second by Haugen, to approve Resolution No. 13820, adopting the Refuse fund budget. Motion carried unanimously. (d) CONSIDERATION FOR APPROVAL OF ADOPTING 2011 LIQUOR FUND BUDGET— ADOPT RESOLUTION NO, 13821 Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that revenues total $5,161,208 and expenses total $5,222,927. This fund cash flows approximately $16,000 after the transfer to the $400,000+ general fund. Motion by Arndt, second by Haugen, to approve Resolution No. 13 82 1, adopting the Liquor fund budget. Motion carried unanimously. (e) CONSIDERATION FOR APPROVAL OF ADOPTING 2011 WATER BUDGET— ADOPT RESOLUTION NO. 13822 Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that revenues total $2,617,302 and expenses total $3,645,829. There is a 5% rate increase to the revenues. Mr. Carter spoke about instituting a capital improvement plan with the water /sewer fund. If the local sales tax is approved by the state legislature, a 5% increase should not be seen for 2012. Both of Hutchinson's legislative representatives are supportive of advancing the local sales tax issue at the state level. 5 L) CITY COUNCIL MINUTES — DECEMBER 14, 2010 Motion by Czmowski, second by Yost, to approve Resolution No. 13822, adopting the Water budget. Motion carried unanimously. (f) CONSIDERATION FOR APPROVAL OF ADOPTING 2011 SEWER BUDGET— ADOPT RESOLUTION NO. 13823 Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that revenues total $3,591,302 and expenses total $5,433,563. A 5% increase is being seen on the revenue side. The fund will not cash flow by about $220,000. Motion by Czmowski, second by Haugen, to approve Resolution No. 13823, adopting the Sewer budget. Motion carried unanimously. (g) CONSIDERATION FOR APPROVAL OF ADOPTING STORM WATER UTILITY BUDGET —ADOPT RESOLUTION NO. 13824 Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that revenues total $568,900 and expenses total $729,420. This is a 2.3% increase in rates. Motion by Czmowski, second by Yost, to approve Resolution No. 13824, adopting the Stormwater Utility budget. Motion carried unanimously. (h) CONSIDERATION FOR APPROVAL OF ADOPTING 2011 FEE SCHEDULE Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that a Resolution has been presented adopting the fee schedule for 2011. Mr. Carter noted that some modest fee increases have been seen in certain areas. Dolf Moon, PRCE Director, explained the fee increases in Parks /Recreation/Community Education. Fee increases generally occur every three years or so. Mayor Cook noted that SAC /WAC fees are generally based on residential properties. He asked how those are being administered against new commercial /industrial properties and asked that that be incorporated into next year's schedule. Jeremy Carter noted that garbage rates will see no increase for 2011 Motion by Czmowski, second by Cook, to approve Resolution No. 13825, adopting the 2011 fee schedule. Motion carried unanimously. (i) CONSIDERATION FOR APPROVAL OF SETTING JOINT MEETING WITH HUTCHINSON UTILITIES COMMISSION ON JANUARY 26, 2011, AT 4:00 P.M. AT THE EVENT CENTER Motion by Czmowski, second by Cook, to approve setting joint meeting with the Hutchinson Utilities Commission on January 26, 2011, at 4:00 p.m. at the Event Center. Motion carried unanimously. Q) CONSIDERATION FOR APPROVAL OF SETTING CITY ADMINISTRATOR'S PERFORMANCE REVIEW /COUNCIL REVIEW FOR JANUARY 25, 2011, AT 3:30 P.M. Motion by Czmowski, second by Cook, to approve setting City Administrator performance review /Council review for January 25, 2011, at 3:30 p.m. Mayor Cook noted that at this meeting the Council will review their work as well. Motion carried unanimously. 11. GOVERNANCE (Purpose: to assesspast organizationalperformance. developpolicy thaiguides the organization and ounci and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM 51A- CITY COUNCIL MINUTES — DECEMBER 14, 2010 SEPTEMBER 21, 2010 (CORRECTED MINUTES) AND OCTOBER 19, 2010 (b) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM SEPTEMBER 27, 2010 (c) FIRE DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2010 (d) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM OCTOBER 4, 2010 (e) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM DECEMBER 7, 2010 (f) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2010 12. MISCELLANEOUS Marc Sebora —Mr. Sebora explained that a franchise for the United Way was to be considered at tonight's meeting, however it was inadvertently not included on the agenda. The franchise will be considered at next week's Council meeting. Jim Haugen — Council Member Haugen noted that he has received much feedback from citizens asking that the Council control the budget and stop spending money. Council Member Haugen suggested that perhaps the membership to the Coalition of Greater Minnesota Cities could be reduced from the City's budget as a cost - savings measure. Mayor Cook reminded the group that the annual membership fee to the CGMC is $18,000 per year and he noted benefits of the CGMC. Council Member Yost expressed that he does not see the benefit of the membership. Council Member Haugen noted that he would like to lower the budget by $20,000. Discussion turned towards budget- cutting. The CGMC membership will be discussed at the next Council meeting. Gary Plotz — Mr. Plotz mentioned that work has begun on establishing department measurements for Creekside. Mayor Cook — Mayor Cook reverted back to Ms. Mix's question about spreading assessments amongst all residents for road improvement projects. Mayor Cook noted that non - profit organizations are not put on assessments. So, if assessments were shared city -wide, there still would not be as many properties contributing. General discussion was held regarding applying assessments. 13. ADJOURN Motion by Arndt, second by Cook, to adjourn at 9:30 p.m. Motion carried unanimously. ATTEST: Steven W. Cook Gary D. Plotz Mayor City Administrator MEMORANDUM DATE: December 22, 2010 for the December 28, 2010 City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director Bonnie Baumetz, Planning Coordinator SUBJECT: REZONE PROPERTY AT 1105 - 5 AVENUE S.W. FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO 1 -1 (LIGHT INDUSTRIAL DISTRICT) FOR RECYCLABLE MATERIAL COLLECTION CENTER APPLICANT: MCLEOD COUNTY, PROPERTY OWNER Background: The property owner is requesting to rezone property at 1105 -5 Avenue S.E. from R -1 to 1 -1 for a recyclable material collection center adjacent to the Household Hazardous Waste facility at 1065 — 5 Avenue S.E. The property is bordered by 1 -1 on the north, south and east sides and 1 -2 on the west side. A conditional use permit will be necessary to allow the collection center in an 1 -1 district. The property was annexed to the city in 2009, when property is annexed, it comes into the city as R -1. Additional information is contained in the attached staff report and attachments. Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their December 21 meeting. There were no neighboring property owners objecting to the request. The Commission reviewed the proposed rezoning for consistency with the Comprehensive Plan and the purpose of the Zoning Ordinance: " It is the purpose of the I -1 district to create industrial areas that will be acceptable within the city and will not adversely affect adjacent business or residential neighborhoods. " After briefly discussing the request, the Commission unanimously recommended approval with the following findings: 1. The rezoning to 1 -1 is consistent with the Comprehensive Plan which guides the parcel as "industrial" and the intent of the 1 -1 zoning district in the Zoning Ordinance. 2. The property is proposed to be developed as an industrial use. Rezoning would allow the proposed use to be developed as an industrial use. Recommendation: The Planning Commission recommended approval of the request with the findings and conditions in the attached resolution. �C�� I RESOLUTION NO. 13833 RESOLUTION APPROVING A REZONING OF PROPERTY AT 1105 5"' AVENUE S.W. FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO I -1 (LIGHT INDUSTRIAL DISTRICT) FOR RECYCLABLE MATERIAL COLLECTION CENTER REQUESTED BY MCLEOD COUNTY, PROPERTY OWNER Whereas, McLeod County, property owner, has requested approval to rezone property from R -I (Single Family Residential) to I -1 (Light Industrial), with the following legal description: Legal Description: Beginning at a point 105 feet West of a point 1446.5 feet South of the Northeast corner of the Northwest Quarter of Section Five (5), in Township One Hundred Sixteen (116), North of Range Twenty-nine (29) West; thence running South 724.2 feet to the center of the Glencoe and Hutchinson Public road; thence North 66 degrees West along the center line of said Public Road, 424 feet; thence West along the center line of said Public Road, 113 feet; thence North 548.2 feet; thence East 495 feet to the point of beginning, now known as Lot 8 of Auditor's Plat of the West Half of Section 5, Township 116, North of Range 29 West. Whereas, the Planning Commission met on December 21, 2010, and held a public hearing on the request and considered the requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the request, subject to the following findings and conditions: The rezoning to I -1 is consistent with the Comprehensive Plan which guides the parcel as "industrial" and the intent of the I -1 zoning district in the Zoning Ordinance. The property is proposed to be developed as an industrial use. Rezoning would allow the proposed use to be developed as an industrial use. Adopted by the City Council this 28' day of December. ATTEST: Gary D. Plotz Steven W. Cook City Administrator Mayor (,W� � PUBLICATION NO. ORDINANCE NO. 11 -0665 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, TO REZONE PROPERTY AT 1105 - 5 AVENUE S.W. FROM R -I (SINGLE FAMILY RESIDENTIAL) TO I -1 (LIGHT INDUSTRIAL DISTRICT) FOR RECYCLABLE MATERIAL COLLECTION CENTER REQUESTED BY MCLEOD COUNTY, PROPERTY OWNER 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 interest of the City to rezone the property from R- I (Single Family Residential) to I -1 (Light Industrial District): Section 2. That the property to be rezoned to I -I (Light Industrial District) is described as follows: Beginning at a point 105 feet West of a point 1446.5 feet South of the Northeast corner of the Northwest Quarter of Section Five (5), in Township One Hundred Sixteen (116), North of Range Twenty-nine (29) West; thence running South 724.2 feet to the center of the Glencoe and Hutchinson Public road; thence North 66 degrees West along the center line of said Public Road, 424 feet; thence West along the center line of said Public Road, 113 feet; thence North 548.2 feet; thence East 495 feet to the point of beginning, now known as Lot 8 of Auditor's Plat of the West Half of Section 5, Township 116, North of Range 29 West. Section 3. This ordinance shall take effect from and after passage and publication Adopted by the City Council this 11th day of January, 2011. ATTEST: Jeremy Carter, City Administrator Steven W. Cook, Mayor C N�� DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles 5eppeh, Eric Browne, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim Popp. Dan Hatten, Dick Nagy, Dan Joehum and Bonnie Baumw Date: December 9, 2010, for December 21, 2010, Planning Commission Meeting Application: CONSIDERATION OF REZONING PROPERTY AT 1105 5"' AVENUE S.W. FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO 1 -1 (LIGHT INDUSTRIAL DISTRICT) FOR RECYCLABLE MATERIAL COLLECTION CENTER REQUESTED BY MCLEOD COUNTY, PROPERTY OWNER Applicant: McLeod County FT* -1T%0 The property owner is requesting to rezone property at 1105 -5" Avenue S.E. from R -1 to 1 -1 for a recyclable material collection center adjacent to the Household Hazardous Waste facility at 1065 — 5 Avenue S.E. The property is bordered by 1 -1 on the north, south and east sides and 1 -2 on the west side. A conditional use permit will be necessary to allow the collection center in an 1 -1 district. The property was annexed to the city in 2009, when property is annexed, it comes into the city as R -L 4(b) Rezone from R -I to 1 -1 McLeod County Household Hazardous Waste Planning Commission— 12/21/10 Page 2 GENERAL INFORMATION Existing Zoning: R -I (Single Family Residential) Property Location: 1105 —5 1h Avenue S.E. Lot Size: 5.97 acres Existing Land Use: Recyclable material collection center Adjacent Land Use And Zoning: I -1 (Light Industrial Park District) and I -2 (Heavy Industrial District) Comprehensive Land Use Plan: Industrial District Zoning History: The property was annexed to the city in June, 2009. Properties annexed to the city come in as R -1 (Single Family Residential) Applicable Regulations: Section 154.168, City Code Analysis and Recommendation: Staff recommends approval of the request. There are staff items that may be discussed further at the time of the conditional use permit request and site plan review. CA) I rz' c! '4 Pc(. 10 PK- UA 11 tily I t I Hassan Street Southeast Hutchinson, MN 55350 (320)587- 5151/Fax:(320) 234 -4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application T ype Short Term Date(s) F �E7 ✓i Z010 – iW, Od Fee: $30.00 Month /Year – Month/ /Yeas Org anization Information /1111 Pi96 1 41� 9 ,tx,'/) 587 -992 Phone Number h /TV���i' f7lcfc1i 17 S5 ��', Address where regular meeting are held City State Zip Day and time of meetings? Lt2/� Z2 W Is this organization organized under the laws of the Stafe of Minnesota? X yes ❑ no How long has the organization been in existence? " 7 r5 How may mem ers m the organization? What is the purpose of the organization? VP �art5 J cO �V;ce In whose custody will organization records be kept? S l-rao 320 - sI 391 /0 Name Phone Number l /50 F Ave Nh/ nson XW 5 - 5- - 3 � AdWess city State zi ca4-. � Luc K 74,3 _X - - 7-3Q3 True Name Phone Number �9 5� Gkml�xxx� P'J t t tM u tOn MN 5534 Residence Address City 11 State Zip Date of Birth: —W / W / Place of Birth: 1kJfA; n50n R_ Mon or City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes 0 no If yes, explain: CG, City of Hutchimi of Applicatimjor Bingo Gaubling Devices License Page 2 of ;�e'�i �Cl/i2 Sfi'a5 320 58'7- ,39/(� r True Name � Phone Number Residence Address City State Zip Date of Birth: 1 Place of Birth: Monthlday /year — City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes a no If yes, explain: How long have you been a member of the organization? Game Information At , Location #1 Yfw Qas7�g4(o X20- 5�7 -ggz9 Name o location where game will be played Phone Number in H S53S0 Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: 1 ZO/ j through r 23 00/i Hours of the day gambling devices will be used: From YIGY Vt AM AM pM To (O i 30 PM Maximum number of player. 30 11 �9O /O l Will prizes be paid in money or merchandise? Omoney la',i'merchandise me -rivX M sge Will refreshments be served during the time the gambling devices will be used? id yes ❑ no If yes, will a charge be made for such refreshments? 14 yes ❑ no L �c dF6t> ItL7fQUXi �jCz Game Information State Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From PM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no .. 'f. y) dvame 54?54t k &tn UVj ed At , i u1C �L 5534,y Residence Address yraCse City Vice State Zip Pyp;detl GG�zs��e -X Name Title AVA/ 553LU Residencd Address City State Zip � (C-) City oflAachmson Application for Bingo Gambling Devices License Page 3 of 1 list -- Name /I , l V / Title Residence Address City State Zip Name Title Residence Address City State Zip Name Title Residence A ddress Ciry 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 i4yes U no *k-8-_ Authorized Officer 4yes ❑ no Initial nitial 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. b.'M ' ZoI Date manager of organization Date Internal Use Onl City Council ❑ approved ❑ denied Notes: co (C) December 21, 2010 Dear City Council Members The Hutchinson Area Health Care Board has decided to expand their board by two positions beginning in 2011. As stated in the HHC bylaws the City appoints one of those members. The Hutchinson Area Health Care Governance Committee forwarded on two names of potential candidates for the City's consideration - Diana Anderson, COO of the Southwest Initiative Foundation, and Dr. James Allen. Diana has been interviewed by the HHC executive committee and yesterday met with myself, council member and HHC board member Eric Yost, Jeremy Carter, HHC CEO Dr. Steve Mulder and city appointed board member Scott Schaefer. With the council's approval I would like to appoint Diana as a city representative to the HHC board. Included in the packet is a brief bio of Diana's background. You will notice that prior to her employment with SWIF, Diana served as administrator to the Canby hospital. Diana also currently serves on the Aveyron Home Board of Directors and recently completed her Advanced Certification in Health Care Administration. Diana would bring a strong understanding of the roles of the board and administration, a history of working with and leading non - profit organizations, a strong communications background, fund raising experience, experience in fostering collaborative efforts and bringing people together, and expertise in strategic planning. Her appointment would also provide additional diversity to the board. I ask for your support and approval of Diana's appointment Sincerely, Mayor Steve Cook (, U) Diana Anderson Chief Operating Officer Diana Anderson, is chief operating officer (COO) at the Southwest Initiative Foundation (SWIF) in Hutchinson, Minnesota. She provides leadership and oversight to the SWIF's internal operations and functions and leads the Foundation's strategic planning process, provides management team leadership and oversight, and oversees program design and execution. Prior to becoming COO in 2007, Diana served as SWIF's Development Director and led the effort to raise $3 million dollars locally to secure dollar for dollar match from The McKnight Foundation. In addition, she helped 16 community foundations get started through the SWIF's Community Foundation Program; and added more than 40 component funds to the SWIF's family of funds. For 12 years, Diana was part of the leadership team at Sioux Valley Canby Campus hospital and clinic, now known as Sanford Health Canby in Canby, MN. She served as director of personnel and development before being named associate administrator in 1993. In that role, she was responsible for the day to day operation of all hospital -based services. Diana's expertise lies in strategic thinking, innovative program design, and collaborative execution to maximize mission effectiveness. Diana has a BA degree in Communications from Augustana College in Sioux Falls, SD and a Credential of Advanced Studies in Health Care Administration from the University of Minnesota. c0 W ELECTRONIC FUNDS TRANSFERS COUNCIL MEETING 12/28/10 TAX FUND PAYABLE TO FUEL HATS MN DEPT OF REV SALES TAX LIQUOR MN DEPT OF REV USE TAX PRCE CIVIC ARENA MN DEPT OF REV SALES & USE TAX WATER SEWER CREEKSIL MN DEPT OF REV AMOUNT $2,475.83 $38,113.00 $215.00 $10,814.00 cv6e —) PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 12/17/2010 Period Ending Date: 12/11/2010 $53,305.31 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $10,375.60 MN Department of Revenue State Withholding Tax $36,808.28 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $4,648.56 TASC Employee Flex Spending Deductions $400.00 MNDCP Employee Contributions - Deferred Comp $1,339.60 I NG Employee Contributions - Deferred Comp $2,026.15 ICMA Retirement Trust Employee Contributions - 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MISCELLANEOUS 163362 12/28/2010 100 EBERT, PAT UNIFORMS & PERSONAL EQUIP 163363 12/28/2010 181.68 ECOLAB PEST ELIM RECEIVED NOT VOUCH ERED 163364 12/28/2010 651.9 ERA LABORATORIES, INC OPERATING SUPPLIES 163365 12/28/2010 2 ERLANDSON, DAVID E ACCTS REC -COBRA 163366 12/28/2010 315 EXTREME BEVERAGE LLC COST OF MIX & SOFT DRINKS 163367 12/28/2010 62.88 FASTENAL COMPANY RECEIVED NOT VOUCHERED 163368 12/28/2010 37.41 FIRE SAFETY USA, INC OPERATING SUPPLIES 163369 12/28/2010 288 FIRST CHOICE FOOD & BEVERAGE S OPERATING SUPPLIES 163370 12/28/2010 50 FRONTIER PRECISION INC CONTRACT REPAIR & MAINTENANCE 163371 12/28/2010 260.22 G & K SERVICES OPERATING SUPPLIES 163372 12/28/2010 3200 GAVIN, OLSON & WINTERS, LTD PROFESSIONAL SERVICES 163373 12/28/2010 377.7 GEB ELECTRICAL INC CONTRACT REPAIR & MAINTENANCE 163374 12/28/2010 356.18 GEECO RECEIVED NOT VOUCHERED 163375 12128/2010 122.87 GLACIAL RIDGE WINERY COST OF SALES -WINE 163376 12/28/2010 1077.5 GRAND PERE WINES INC COST OF SALES -WINE 163377 12/28/2010 24.2 GRUFRUFF DESIGN OPERATING SUPPLIES 'D 163378 12/28/2010 2238 HANSEN DIST OF SLEEPY EYE COST OF SALES -BEER 163379 12/28/2010 6800 HANSEN GRAVEL OPERATING SUPPLIES 163380 12/28/2010 3072.5 HANSON & VASEK CONSTRUCTION SNOW REMOVAL 163381 12/28/2010 269.58 HARRIS SERVICE BUILDING REPAIRS 163382 12/28/2010 408.45 HASSAN VALLEY TOWNSHIP REFUNDS & REIMBURSEMENTS 163383 12/28/2010 372.23 HD SUPPLY WATERWORKS LTD METERS & METER PARTS 163384 12/28/2010 100 HENNEPIN COUNTY COURT ADMIN OTHER REVENUES 163385 12/28/2010 950 HENNEPIN TECHNICAL COLLEGE TRAVEL SCHOOL CONFERENCE 163386 12/28/2010 642.28 HENRY'S WATERWORKS INC REPAIR & MAINTENANCE SUPPLIES 163387 12/28/2010 480.94 HEWLETT - PACKARD CO OPERATING SUPPLIES 163388 12/28/2010 672.97 HILLYARD / HUTCHINSON CLEANING SUPPLIES 163389 12/28/2010 2002.5 HJERPE CONTRACTING SNOW REMOVAL 163390 12/28/2010 277.94 HOLT MOTORS INC CENTRAL GARAGE REPAIR 163391 12/28/2010 66.53 HUTCH CAFE OPERATING SUPPLIES 163392 12/28/2010 6437.67 HUTCHINSON CO -OP MOTOR FUELS & LUBRICANTS 163393 12/28/2010 200 HUTCHINSON DOWNTOWN ASSOCIATIO DUES & SUBSCRIPTIONS 163394 12/28/2010 2612 HUTCHINSON FIGURE SKATING ASSO OTHER CONTRACTUAL 163395 12/28/2010 45 HUTCHINSON HIGH SCHOOL OFFICE SUPPLIES 163396 12/28/2010 284.88 HUTCHINSON LEADER PRINTING & PUBLISHING 163397 12/28/2010 33.61 HUTCHINSON TOWNSHIP REFUNDS & REIMBURSEMENTS 163398 12/28/2010 692.98 HUTCHINSON WHOLESALE EQUIPMENT PARTS 163399 12/28/2010 66.23 HUTCHINSON, CITY OF MISCELLANEOUS 163400 12/28/2010 3905.78 HUTCHINSON, CITY OF UTILITIES 163401 12/28/2010 376.52 HUTCHINSON, CITY OF MISCELLANEOUS 163402 12/28/2010 9.17 INDEPENDENT EMERGENCY SERVICES COMMUNICATIONS 163403 12/28/2010 43.9 INDIANHEAD SPECIALTY CO OFFICE SUPPLIES 163404 12/28/2010 345 INTERNATIONAL ECON DEV COUNCIL DUES & SUBSCRIPTIONS 163405 12/28/2010 1513.4 INTERSTATE BATTERY SYSTEM MINN EQUIPMENT PARTS 163406 12/28/2010 600 1 & K CONCRETE SAWING & CORING CONTRACT REPAIR & MAINTENANCE 163407 12/28/2010 195.63 JEFF MEEHAN SALES INC. ACCURED COMMISSIONS PAYABLE 163408 12/28/2010 3238.46 JEFF'S ELECTRIC CONTRACT REPAIR & MAINTENANCE 163409 12/28/2010 534.95 1LR GARAGE DOOR SERVICE CONTRACT REPAIR & MAINTENANCE 163410 12/28/2010 915.75 JOANIVS CATERING OPERATING SUPPLIES 163412 12/28/2010 19704.31 JOHNSON BROTHERS LIQUOR CO. COST OF SALES -BEER 163413 12/28/2010 550.56 JOHNSTONE SUPPLY EQUIPMENT PARTS 163414 12/2812010 400 JORDAHL, JIM OPERATING SUPPLIES 163415 12/28/2010 2047.5 JUUL CONTRACTING CO SNOW REMOVAL 163416 12/28/2010 613.73 KEEPRS, INC UNIFORMS & PERSONAL EQUIP 163417 12/28/2010 27.78 KLOSS, TOM OPERATING SUPPLIES 163418 12/28/2010 1050 KOHLS SWEEPING SERVICE RECEIVED NOT VOUCHERED 163419 12/28/2010 1560 KOSEK, JEFF SNOW REMOVAL 163420 12/28/2010 18626.55 KUE CONTRACTORS INC BUILDINGS 163421 12/28/2010 320.63 L & P SUPPLY CO SMALL TOOLS 163422 12/28/2010 280 LAPLINK SOFTWARE INC. DUE FROM UTILITIES 163423 12/28/2010 6000 LAUMEYER HUMAN RESOURCE SOLUTI PROFESSIONAL SERVICES 163424 12/28/2010 285 LEAGUE OF MINNESOTA CITIES TRAVEL SCHOOL CONFERENCE 163425 12/28/2010 96.5 LEVINE, ERIC UNIFORMS & PERSONAL EQUIP 163426 12/28/2010 134 LEXISNEXIS OTHER CONTRACTUAL 163427 12/28/2010 91.68 UTIN PAPER COMPANY RECEIVED NOT VOUCHERED 163428 12/28/2010 21072.5 LOCHER BROTHERS INC COST OF SALES -BEER 163429 12/28/2010 16721.77 LOFFLER MACHINERY & EQUIPMENT 163430 12/28/2010 24042.59 LOGIS DATA PROC EQUIPMENT RENTAL 163431 12/28/2010 30524 LUMBER ONE COLD SPRING HOUSING REHAB LOANS 163432 12/28/2010 84.06 M -R SIGN SIGNS & STRIPPING MATERIALS 163433 12/28/2010 546.07 MACQUEEN EQUIP INC EQUIPMENT PARTS 163434 12/28/2010 99778.68 MATHIOWETZ CONSTRUCTION IMPROV OTHER THAN SLOGS 163435 12/28/2010 35 MATIC, APRIL RECREATION ACTIVITY FEES 163436 12/28/2010 286.33 MAYTAG LAUNDRY & CAR WASH PROFESSIONAL SERVICES 163437 12/28/2010 174.67 MCLEOD COOP POWER ASSN UTILITIES 163438 12/28/2010 80 MCLEOD COUNTY COURT ADMINISTRA MISCELLANEOUS 163439 12/28/2010 75.5 MEHR, BRIAN TRAVEL SCHOOL CONFERENCE 163440 12/28/2010 1493.83 MENARDS HUTCHINSON CLEANING SUPPLIES 163441 12/28/2010 8.43 MESSNER, KEITH TRAVEL SCHOOL CONFERENCE 163442 12/28/2010 239.52 MILLNER HERITAGE VINEYARD & WI COST OF SALES -WINE 163443 12/28/2010 13.89 MINI BIFF RENTALS 163444 12/28/2010 45 MINNEAPOLIS, CITY OF OTHER CONTRACTUAL 163445 12/28/20101 30 MINNESOTA COUNTY ATTORNEY ASSN PRINTING & PUBLISHING 163446 12/28/2010 2600 MINNESOTA DEPT OF HEALTH PERMITS 163447 12/28/2010 410 MINNESOTA NURSERY & LANDSCAPE RECEIVED NOT VOUCHERED 163448 12/28/2010 56.45 MINNESOTA SHREDDING REFUSE - RECYCLING 163449 12/28/2010 3009.2 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 163450 12/28/2010 90 MN DEPT OF NATURAL RESOURCES PERMITS 163451 12/28/2010 80 MOWER COUNTY SHERIFFS OFFICE OTHER CONTRACTUAL 163452 12/28/2010 32.99 NARVESON, DENISE ACCOUNTS PAYABLE MANUAL 163453 12/28/2010 350 NORDIN, SUSAN M. IMPROV OTHER THAN BLDGS 163454 12/28/2010 380.51 NORTH CENTRAL LABORATORIES OPERATING SUPPLIES 163455 12/28/2010 208 NORTHERN LIGHTS BROADCASTING ADVERTISING 163456 12/28/2010 4.1 NORTHERN STATES SUPPLY INC EQUIPMENTPARTS 163457 12/28/2010 122.7 NORTHLAND CHEMICAL CORP CLEANING SUPPLIES 163458 12/28/2010 391.42 NUSS TRUCK & EQUIPMENT CENTRAL GARAGE REPAIR 163459 12/28/2010 177.69 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR 163460 12/28/2010 296.93 OENOPHILIA COST OF MIX & SOFT DRINKS 163461 12/28/2010 193.42 OFFICE DEPOT OFFICE SUPPLIES 163462 12/28/2010 188.34 OFFICE OF ENTERPRISE TECHNOLOG TELEPROCESSING EQUIP 163463 12/28/2010 57.5 PAULSON,JOHN OPERATING SUPPLIES 163464 12/28/2010 1334.78 PAUSTIS & SONS WINE CO COST OF SALES -WINE 163465 12/28/2010 290 PELU EN LAND SURVEYING PROFESSIONAL SERVICES 163466 12/28/2010 12811.88 PHILLIPS WINE & SPIRITS COST OF SALES -WINE 163467 12/28/2010 300 PLOTZ, GARY D TRAVEL SCHOOL CONFERENCE 163468 12/28/2010 242 POSTMASTER POSTAGE 163469 12/28/2010 370 POSTMASTER POSTAGE 163470 12/28/2010 9852.64 PRINCE OF PEACE SENIOR APT INC MISCELLANEOUS 163471 12/28/2010 147.59 QUADE ELECTRIC OPERATING SUPPLIES 163472 12/28/2010 11416.56 QUALITY WINE & SPIRITS CO. COST OF MIX & SOFT DRINKS 163473 12/28/2010 108.27 QUILLCORP OFFICE SUPPLIES 163474 12/28/2010 227.17 R & R SPECIALTIES INC EQUIPMENT PARTS 163475 12/28/2010 1313.95 R.J.L. TRANSFER FREIGHT 163476 12/28/2010 95.38 REFLECTIVE APPAREL FACTORY INC SAFETY SUPPLIES 163477 12/28/2010 27.04 SCAN AIR FILTER REPAIR & MAINTENANCE SUPPLIES 163478 12/28/20101 25613.5 SCHMELING OIL CO MOTOR FUELS & LUBRICANTS 163479 12/28/2010 15100.14 SCHOOL DIST # 423 OTHER REVENUES 16 3480 12/28/2010 20 SEIFERT, LEAH CIVIC ARENA -FEES & RENTS 163481 12/28/2010 39.1 SHOPKO RECEIVED NOT VOUCHERED 163482 12/28/2010 135.31 SIMPLEXGRINNELL LP CONTRACT REPAIR & MAINTENANCE 163483 12/28/2010 2560 SKYVIEW DAIRY INC PREPAID EXPENSES 163484 12/28/2010 900 SOIL CONTROL LAB RECEIVED NOT VOUCHERED 163485 12/28/2010 2262.8 SPRINT COMMUNICATIONS 163486 12/28/2010 32.95 STANDARD PRINTING OPERATING SUPPLIES 163487 12/28/2010 1399.43 STAPLES ADVANTAGE COPY SUPPLIES & PAPER 163488 12/28/2010 2950 STATE OF MINNESOTA PROFESSIONAL SERVICES 163489 12/28/2010 149.2 SUBWAY GLENCOE OPERATING SUPPLIES 163490 12/28/2010 20 TAPS -LYLE SCHROEDER PROFESSIONAL SERVICES 163491 12/28/2010 233.48 TERSTEEG, RAY ACCOUNTS PAYABLE MANUAL 163492 12/28/2010 124.99 THOMPSON, DENEIL UNIFORMS & PERSONAL EQUIP 163493 12/28/2010 2812.5 TONY FORCIER TRUCKING SNOW REMOVAL 163494 12/28/2010 546.26 TOTAL FIRE PROTECTION CONTRACT REPAIR & MAINTENANCE 163495 12/28/2010 286.96 TOTAL REGISTER SYSTEM OPERATING SUPPLIES 163496 12/28/2010 22344.95 TREBELHORN & ASSOC MOTOR FUELS & LUBRICANTS 163497 12/28/2010 111.9 TRI COUNTY WATER OPERATING SUPPLIES 163498 12/28/2010 396.98 TWO WAY COMMUNICATIONS INC CENTRAL GARAGE REPAIR 163499 12/28/20101 120 UNIVERSITY OF MINNESOTA TRAVEL SCHOOL CONFERENCE 163500 12/28/2010 205.95 USA BLUE BOOK REPAIR & MAINTENANCE SUPPLIES 163501 12/28/2010 14.43 VALLEY NATIONAL GASES LLC RENTALS 163502 12/28/2010 11498.65 VIKING BEER COST OF SALES -BEER 163503 12/28/2010 528.1 VIKING COCA COLA COST OF MIX & SOFT DRINKS 163504 12/28/2010 64.13 VIKING SIGN & GRAPHICS INC SIGNS & STRIPPING MATERIALS 163505 12/28/2010 2574.55 VOS CONSTRUCTION INC CONTRACT REPAIR & MAINTENANCE 163506 12/28/2010 48.3 WASTE MANAGEMENT OF WI -MN REFUSE - RECYCLING 163507 12/28/2010 9817.74 WASTE MANAGEMENT OF WI -MN REFUSE - LANDFILL CHARGES 163508 12/28/2010 11.69 WEIS, MARK OPERATING SUPPLIES 163509 12/28/2010 60 WELCOME NEIGHBOR ADVERTISING 163510 12/28/2010 1204.48 WENDLANDT TREE SERVICE INC. CONTRACT REPAIR & MAINTENANCE 163511 12/28/2010 605.7 WEST PUBLISHING PAYMENT CTR OPERATING SUPPLIES 163512 12/28/2010 555 WINE MERCHANTS INC COST OF SALES -WINE 163513 12/28/20101 7088.48 WIRTZ BEVERAGE MINNESOTA COST OF SALES- LIQUOR 163514 12/28/20101 2481.3 WORK CONNECTION, THE CONTRACT REPAIR & MAINTENANCE 163515 12/28/2010 779.38 XEROX CORP COPY MACHINE 163516 12/28/2010 1699 Z WINES USA LLC COST OF SALES -WINE 163517 12/28/2010 45 ZWILLING, TROY TRAVEL SCHOOL CONFERENCE 163518 12/28/2010 80.95 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 163519 12/28/2010 510.03 H.A.R.T. ACCRUED DEFERRED COMP 163520 12/28/2010 64.3 LIFE INSURANCE COMPANY OF AMER ACCRUED LIFE INSURANCE 163521 12/28/2010 16 NCPERS LIFE INS. ACCRUED LIFE INSURANCE Grand Total Payment Instrument Totals Check Total 561291.21 Total Payment 561291.21 Ordinance No. 1 1 -0664 Publication No. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING FRANCHISE TO UNITED WAY OF MCLEOD COUNTY TO PERMIT A THERMOMETER SIGN ON CITY PROPERTY AT LIBRARY SQUARE, 50 HASSAN STREET S.E. THE CITY OF HUTCHINSON ORDAINS: Section 1. The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafter referred to as Grantor, hereby grants to the United Way of McLeod County, hereafter referred to as Grantee, a franchise to place a thermometer sign on City owned property at Library Square, 50 Hassan Street S.E., on the comer of Main Street South and 1' Avenue S.Ei .. _ - _ . ..r. .. 1 .1 ___,SF2_1R L SSt- r --- G..,. Section 2. The franchise is granted for a term of years , commencing on the date of the acceptance of the franchise. Grantee shall file a written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after the effective date of this ordinance. The franchise shall become effective only when the acceptance has been filed and evidence of general comprehensive and liability insurance provided for in this grant of franchise has been filed and approved. The annual filingfee�will be _ ( was waived by City Council Iasi Ycae) Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and maintenance of facilities located along, over and under the public premises before mentioned and the placement of such facilities. Section 4. Grantee shall indemnify and defend Grantor, its boards, commissions, officers, agents and employees, in any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Grantee, its officers, agents or employees in the construction, operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise. Section 5. At all times during the term of the franchise, Grantee will, at its own expense, maintain in force general comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the policies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise. Section 6. Grantee shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. Section 7. In the event that United Way of McLeod County, should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever. Section 8. The City may at the point of expiration of this franchise or for public purposes request that the encroachments be removed from the rights of way at the Grantees expense. Section 9. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by United Way of McLeod County. Adopted by the City Council, this 11th day of January, 2011. Mayor Attest: City Administrator Published in the Hutchinson Leader on First Reading: December 28, 2010 Second Reading: January 11. 2011 n I�) ' DEC - 1 2010 CITY OF HUTCHINSON �Oot p Z,$ e" FRANCHISE AGREEMENT APPLICATION Date: �_I_i Filing Fee: Property Address: I ;hr ,, N S(} Oafisa _ Zoning District: C3 Applicant: ► �61 , \�_ aQ 1b ?`LdA [� 1 L 7 Work Phone: Address: • S}r,, I�! Home Phone: SW, w1u , ;r1so - n, mnsv� Legal Description of property: Description of request: "TTw�Z �r6wr O � �r�b✓d Certificate of Liability Insurance: Site drawing of request: �2w 4 Signature of applicant This is an application only. The request must be approved by the Hutchinson City Council and an ordinanc ---published., l(9) 9 t-) ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAI IUIN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Citizens Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 339 1 ALTER THE COVERAG AFFORDED BY THE POLICIES BELOW. 102 Main Street S Hutchinson MN 55350 Phone: 320-587-2674 Fax: -587 -1174 United Way of McLeod County Paul Thompson 34 Main ST N Hutchinson MN 55350 INSURERS AFFORDING CO VERAGE NAIC # INSURER Grinnell Mu tual 1417 INSURER 8'. INSURER C' INSURER D'. :DVERALita THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POjr G POLICY NUMBER DATE MMIDO IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS rw .TR INSURANCE lW DATE MMlDOM/ LIMITS OPRODUCTSCOMPIOPIGG RENCE ;$2 0O0 Y 000 A GENERAL LIABILITY 0000363664 Ol /Ol /10 Ol /Ol /11 x per.n MADE X❑ OCCUR ADV Perron) $ ADV INJURY REGATE 000 OMPIOP AG AGGREGGA - T T E LIMIT AP — LIEES PER: n, a•.v PR�r LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO EXCESS /UMBRELLA LIABILITY —1 OCCUR D CLAIMS MADE H DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYER& LIABILITY ANY OFFICERWE BER EXCLUDED ECUTNE HOLDER 25 City of Hutchinson 111 Hassan Street S. E Hutchinson MR 55350 COMBINED SINGLE LIMIT S (Ea accideM) BODILY INJURY S (Per Person) BODILY INJURY f (Per accident) PROPERTY DAMAGE f (Pxeccident) W IDENT S EA ACC S AGG S f S S 3 S E.L EACH ACCIDENT f E.L DISEASE - EA EMPLOYE E$ E.L. DISEASE - POLICY LIMB S CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE -_.. ..... vn NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KNID OF REPRESENTATIVES. G° =T, BUT FAILURE TO Do SO SHALL jrHHE INSURER, ITS AGENTS OR t� ACORD - CORPORATION 1988 C Marc A. Sebora, City Attorney Office of the City Attorney Ill Hassan street SE Hutchinson, MN 55350 -2522 320 - 587- 5151/Fax 320 - 234.4201 Memorandum To: City Administrators Gary Plotz and Jeremy Carter From: Marc A. Sebora, City Attorney Re: Liquor Hutch Compliance Check Gentlemen: As you may recall, Hutchinson Police Services conducted a compliance check on several liquor establishments on June 1, 2010. One of the establishments that failed the compliance check was the Liquor Hutch. I wanted to let you know that the employee who participated in the illegal sale of alcohol has now been convicted and sentenced by the District court. Therefore, this may be the appropriate time to address what, if any, consequences should be imposed upon the Liquor Hutch. In a situation similar to this, I would normally be directing a memo to the City Council to address violations of city issued liquor licenses. This situation is different in that the authority to operate a municipal liquor store comes from the State of Minnesota, not our own City Council. Because we do not license ourselves, the City has no real authority to penalize our city enterprise under any of our city alcohol licensing regulations. But you, under policy governance and by virtue of your office as city administrators, do have control over the operation of the Liquor Hutch as a city department /enterprise fund. In keeping with the consequences that have been levied against city alcohol license holders for similar violations in the past, you may wish to consider imposing some type of penalty or remedial measure against the Liquor Hutch. Some of the consequences levied against alcohol license holders for failing the past few last rounds of compliance checks have included the requirement of training for employees, requiring the purchase of ID card readers, monetary penalties, or closing the establishment for a day. It is my understanding that the staff of the Liquor Hutch has already undergone additional remedial training in an effort to prevent this situation from happening again. In light of this, it would be my recommendation that the Liquor Hutch be closed for a day early next year. Please keep in mind, however, that in addition to any consequences you may impose, the State of Minnesota does have the power to suspend the operation of the Liquor Hutch for up to 30 days based on the criminal conviction of the employee. Let me know if you have any questions about this matter. Printed on recycled paper - 6—) g AMENDED AND RESTATED BYLAWS OF HUTCHINSON HEALTH CARE Hutchinson Health Care (the "corporation ") is a nonprofit health care corporation, including a hospital, nursing home, and clinic, organized under the laws of the State of Minnesota. The mission ( "Mission ") of Hutchinson Health Care is "to promote health and provide care alternatives to our community." The Board of Directors of Hutchinson Health Care is responsible for the quality of care rendered by the corporation and must accept and discharge this responsibility to do all that is necessary to fulfill the corporation's obligation to its patients, clients, and residents. The corporation is formed as the result of the conclusions of a community task force which has recommended that assets and activities of the City of Hutchinson, Minnesota ( "City") with respect to delivery of health care services be transferred to a private nonprofit entity not controlled by the City as a way to more effectively and efficiently provide for the health care needs of residents in the primary service area of Hutchinson Community Hospital ( "Hospital "). The corporation was formed under the auspices of community representatives serving on the task force and not by the City under Section 144.581 of the Minnesota Statutes. Acknowledging that the corporation needs the cooperation of the City of Hutchinson to deliver on certain aspects of its mission, the corporation has provided for certain rights to be exercised by the City as provided in these Bylaws. At the time of adoption of these Restated Bylaws, the corporation offers a wide variety of services including, in addition to hospital inpatient and outpatient services and clinical services, emergency room, and nursing home services. The corporation defines its fundamental nature ( "Fundamental Nature ") as an independent private health care provider, providing a reasonable range of acute care and outpatient hospital services and clinic services. SECTION 1.1 Number and method of election The Board of Directors of this corporation shall consist of an odd number of no fewer than seven (7) and no more than eleven (11) persons, and, subject to such limitation, the number of members of the Board of Directors shall be such as may be designated from time to time by the Board of Directors. Members of the Board of Directors shall be elected or appointed as set forth below in accordance with the nominations process described in Section 4.5 of these Bylaws. (a) Appointed Directors Within the Board size parameters established from time to time by the Board, the largest number of directors which constitute a minority of the total 9 (Q) number of authorized directors shall be appointed by the City Council of the City (the "City Council'). No more than two (2) of such appointees may concurrently serve as members of the City Council. (b) Ex Officio Director There shall be one (1) Ex Officio Director, who shall be the physician serving from time to time as the Chief of the Medical Staff of the Hospital. The Ex Officio Director shall have voting rights. (c) Community Directors The remainder of the directors shall be elected by the Board of Directors of this corporation at the annual meeting of this corporation and shall be known as Community Directors. At least two (2) of the Community Directors shall be residents of the Hospital's Geographic Service Area at the time of election, and of those, at least one director shall be a resident of the City. The Geographic Service Area shall mean the area composed of the lowest number of contiguous zip codes from which the Hospital draws at least 75 percent of its inpatients. SECTION 1.2 Board Composition The composition of the Board of Directors is subject to the following limitations: (a) Credentialed practitioners At any given time, no more than one -third of the directors may be health care professionals credentialed to provide services at the Hospital or any other health care facility owned by this corporation. (b) Directors of other systems At any given time, a majority of the directors of this corporation shall be persons who are neither: (i) directors of any other health care providers or health care systems residing outside the Hospital's Geographic Service Area; nor (ii) directors of any single health care provider or health care system. (c) Emnlovees No employee of this corporation shall be a member of the Board of Directors; provided, however, that this requirement shall not apply to health care professionals credentialed to provide services at the Hospital or any other health care facility owned by this corporation. SECTION 1.3 Terns Except as otherwise provided in Section 1. 1, each director of this corporation other than the Ex Officio Director shall be elected or appointed to serve for a term of three years, and, unless the Board of Directors has determined that a successor will not be elected or appointed, until his or her successor has assumed office; or until the director's prior death, resignation or removal. Each Community Director and Appointed Director is limited to serving four consecutive terns. The term of office of the Ex Officio Director shall be coterminous with his or her term as Chief of the Hospital's Medical Staff. The Community Directors and Appointed Directors shall each be divided into three classes as nearly equal in number as possible, so that the terms of office of approximately one -third of the Community Directors and approximately one -third of the Appointed Directors shall expire each year. -2- q (a) SECTION 1.4 Compensation Directors shall not receive compensation for their service as directors; provided, however, that this corporation may reimburse directors for reasonable and necessary expenses incurred while performing the duties of a director. SECTION 1.5 Removal: resignation; vacancies Any director may at any time be removed with or without cause by the Board of Directors; provided, however, that an Appointed Director may be removed by the Board of Directors only for cause by the affirmative vote of two -thirds of the directors of this corporation. For purposes of the foregoing sentence, "cause" shall mean breach of fiduciary duty. An Appointed Director may also be removed with or without cause by the City Council. Any director may resign at any time by giving written notice to the Chair or the Secretary. The resignation shall be effective without acceptance when the notice is received by the Chair or the Secretary, unless a later effective date is specified in the notice. Any vacancy occurring because of the death, resignation or removal of a Community Director may be filled by a person elected by the Board of Directors for the unexpired term of such director provided; however, that the Board complies with the requirements of Section 1.1(c) and Section 1.2 of these Bylaws. Any vacancy occurring because of the death, resignation or removal of an Appointed Director shall be filled by a person appointed by the City Council; which shall fill the vacancy within 60 days following the date the vacancy occurs. Any vacancy resulting from an increase in the number of Community Directors may be filled by a person elected by the Board of Directors for a full term of office unless the Board of Directors designates a shorter term of office. MEETINGS OF THE BOARD OF DIRECTORS SECTION 2.1 Annual meeting The annual meeting of the Board of Directors for the purpose of electing Community Directors and officers and transacting such other business as may properly come before the meeting shall be held in the City at the time and place designated from time to time by the Board of Directors, provided that, by unanimous action of the Board of Directors, another place of meeting within the State of Minnesota may be designated. SECTION 2.2 Other meetings Other meetings of the Board of Directors may be held at such time and place as are announced at a previous meeting of the Board of Directors, however the Board of Directors shall meet at least quarterly. The annual meeting serves as a quarterly meeting. Meetings of the Board of Directors may also be called at any time (a) by the Chair, (b) by the Board of Directors, or (c) upon the request of three or more members of the Board of Directors. Anyone entitled to call a meeting of the Board of Directors may make a written request to the Secretary to call the meeting, and the Secretary shall give notice of the meeting, setting forth the time and place thereof, to be held between two and thirty days after receiving the request. If the Secretary fails to give notice of the meeting within seven days from the day on which the request was made, the person or persons who requested the meeting may fix the time and place of the meeting and give notice in the manner hereinafter provided. -3- 9 a) SECTION 2.3 Notice of meetings Notice of each meeting of the Board of Directors for which notice is required, and of each annual meeting, stating the time and place thereof, shall be given to all directors by electronic communication or in person at least two days before the meeting, or shall be mailed to each director at least five days before the meeting. A director may be given notice by electronic communication only if the director has previously consented to receive notice in such form of electronic communication. All such notices not given in person shall be sent to the director at his or her postal or electronic address according to the latest available records of this corporation. Any director may waive notice of a meeting before, at or after the meeting, orally, in writing, by electronic communication, or by attendance. Attendance at a meeting is deemed a waiver unless the director objects at the beginning of the meeting to the transaction of business because the meeting is not lawfully called or convened and the director does not participate in the meeting. SECTION 2.4 Quorum and voting The presence of at least a majority of the members of the Board of Directors shall constitute a quonun at any meeting thereof, provided that at least one Appointed Director is present. The directors present at any meeting, although less than a quorum, may adjourn the meeting from time to time. If a quorum is present when a duly called meeting is convened, the directors present may continue to transact business until adjournment, even though the withdrawal of one or more directors leaves less than the number otherwise required for a quorum. At all meetings of the Board of Directors, each director shall be entitled to cast one vote on any question coming before the meeting. A majority vote of the directors present at any meeting, if there be a quorum, shall be sufficient to transact any business, unless a greater number of votes is required by law or these Bylaws. A director shall not appoint a proxy for himself or herself or vote by proxy at a meeting of the Board of Directors. For purposes of determining whether a director has met his or her fiduciary duties as a director, but for no other purpose, a director who is present at a meeting of the Board of Directors when an action is approved by the Board of Directors is presumed to have assented to the action unless the director votes against the action or is prohibited from voting on the action. SECTION 2.5 Action without a meetine Any action that could be taken at a meeting of the Board of Directors may be taken by written action signed by all of the directors. SECTION 2.6 Meetings held using remote communication A director may participate in a meeting of the Board of Directors by means of conference telephone or, if authorized by the Board of Directors, by such other means of remote communication, in each case through which that director, other directors so participating, and all directors physically present at the meeting may communicate with each other on a substantially simultaneous basis. Participation in a meeting by remote communication constitutes presence at the meeting. -4 (0- ) SECTION 2.7 Actions Subject to Supermajority Approval The following actions shall require the approval of at least two - thirds of the total number of authorized directors; provided, however, that the actions listed in subsections (a) through (i) shall not be effective unless the voting member has approved the action or waived its rights as described in Article VIII of these Bylaws: (a) Amendments to the Articles of Incorporation of this corporation. (b) Amendments to the Preamble and Sections 1. 1, 1.2, 1.4, 1.5, 2.4, 2.5, 2.7, 4. 1, 4.2, 4.3, 1L. 4.5, 8.1, 8.2, 8.3, 8.4, 8.5 or 8.7 of these Bylaws, including Exhibit 9, 'in accordance with Section 7.3 of these Bylaws. (c) Merger, consolidation, liquidation, dissolution, or sale or lease, or other transfer, or mortgage or other grant of a security interest, of or in, all or substantially all of the assets of this corporation, provided that nothing herein is intended to restrict the ability of the corporation to mortgage, grant a security interest or otherwise encumber as collateral or security for debt held by an institutional lender or bond trustee all or any part of the corporation's assets in the ordinary course of business financing transactions where the proceeds of such transactions are used to support the corporation's health care operations. (d) Any subleases or assignments which if executed would bring the aggregate of subleased or assigned space to a percentage of 30% or more of the space identified with or referenced in the corporation's hospital license (provided, however, that space associated with leases or assignments in which the services provided in such space or spaces are "provider -based services" billed by and in the name of this corporation under applicable Medicare statutes and regulations as in effect from time to time shall not be deemed a lease or assignment for purposes of this limitation). (e) Closure of the Hospital. (f) Contributions of cash or cash - equivalents that in the aggregate exceed 1.5 percent of the net income of the corporation during any fiscal year to any person(s) or entit(ies) without receipt of fair market value consideration in return; provided, however, that such contributions shall be made for the charitable purposes described in Section 501(c)(3) of the Internal Revenue Code ( "IRC ") and shall be in furtherance of the corporation's health care mission; and provided further that this provision shall not prohibit: (1) the provision of free or reduced price medical care in accordance with the Hospital's charity care /community benefit policies or payor agreements; (2) payment of recruitment incentives to physicians and other health care practitioners provided in accordance with the applicable policies of this corporation; or (3) donations of used equipment or supplies to a governmental -S- entity or nonprofit organization exempt from income tax under IRC Section 501(c)(3). (g) Add additional members or create additional member rights. (h) Any action(s) the result of which would cause this corporation to fall outside the definition of the Fundamental Nature of the corporation, or a transfer of assets to a joint venture in which this corporation is a participant (whether or not controlled), the result of which would be that this corporation would no longer directly meet the Fundamental Nature definition. (i) Transfer of assets to an entity wholly owned or wholly controlled by this corporation (unless such wholly owned or controlled entity gives to the City the same director appointment, membership, and other rights as the City possesses with respect to this corporation, in which case, such transfer will require in any event a supermajority approval). (j) Transfer of assets to an entity wholly owned or wholly controlled by this corporation, in which the City has the same director appointment, membership, and other rights as the City possesses with respect to this corporation. (k) Transfer of assets to a joint venture in which this corporation is a participant (whether or not controlled). (1) Closure of Emergency Room or transfer of nursing home. (m) Entering into a management agreement with a third party, other than the manager as of the date of approval of these Bylaws, covering the day -to -day operations of all or substantially all of the Hospital and/or nursing home owned by this corporation. (n) Declaration of a dividend to the member. (Dividends are not contemplated, however, the tool is available if extraordinary/windfall circumstances arise, should the Board of Directors choose to use it.) (o) Delegation of authority to the Executive Committee to approve specific transactions identified in Section 4.3(e). OFFICERS SECTION 3.1 Desienation and term The officers of this corporation shall include a Chair, a Vice Chair, a Secretary, a Treasurer, and a President. Officers other than the President shall be elected by the Board of Directors to serve for terms of one year and until their respective successors are elected and have qualified. The President shall serve at -6- the pleasure of the Board of Directors. Any officer may at any time be removed by the Board of Directors with or without cause. Any officer may resign at any time by giving written notice to the Chair or the Secretary. The resignation shall be effective without acceptance when the notice is received by the Chair or the Secretary, unless a later effective date is specified in the notice. The same person may hold more than one office at the same time, except the offices of (a) Chair and Vice Chair and (b) Chair and Secretary. The officers, except the Chair and Vice Chair, need not be directors of this corporation. SECTION 3.2 Chair. The Chair shall, when present, preside at meetings of the Board of Directors, and shall perform such other duties as are prescribed by the Board of Directors. The Chair shall not also be the President. SECTION 3.3 Vice Chair During the absence or disability of the Chair, it shall be the duty of the Vice Chair to perform the duties of the Chair. SECTION 3.4 Secretary The Secretary shall perform or properly delegate and oversee the performance of the following duties: (a) keep accurate minutes of all meetings of the Board of Directors and of the members; (b) be responsible for the custody of the records, documents and papers of this corporation; and (c) keep proper records of all transactions of this corporation. The Secretary shall have and may exercise any and all other powers and duties pertaining by law, regulation or practice to the office of Secretary, or imposed by these Bylaws. SECTION 3.5 Treasurer The Treasurer shall perform or properly delegate and oversee the performance of the following duties: (a) keep accurate financial records of this corporation; (b) deposit money, drafts, and checks in the name of and to the credit of this corporation in the banks and depositories designated by the Board of Directors; (c) endorse for deposit notes, checks, and drafts received by this corporation as ordered by the Board of Directors, making proper vouchers for the deposit; (d) disburse corporate funds and issue checks and drafts in the name of the corporation, as ordered by the Board of Directors; and (e) upon request, provide the Chair and the Board of Directors an account of transactions of this corporation and of the financial condition of this corporation. The Treasurer shall have and may exercise any and all other powers and duties pertaining by law, regulation or practice to the office of Treasurer, or imposed by these Bylaws. SECTION 3.6 President The President shall be the chief executive officer of this corporation. He or she shall: (a) have general active management of the business of this corporation; (b) see that orders and resolutions of the Board of Directors are carried into effect; and (c) have the authority to sign and deliver in the name of this corporation deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of this corporation, except in cases in which the authority to sign and deliver is required by law to be exercised by another person or is expressly delegated by the Articles of Incorporation, the Bylaws or the Board of Directors exclusively to one or more other persons. -7- SECTION 3.7 Additional powers Any officer of this corporation, in addition to the powers conferred upon him or her by these Bylaws, shall have such powers and perform such additional duties as may be prescribed from time to time by the Board of Directors. COMMITTEES SECTION 4.1 Committees Bylaws, regarding the Exeetitive Gefaffii�s 311ja corporation shall not have committees uyt}jedt Formed by or wi h t+e anprov 1 o�'the, Board of Directors. No committee a_hall bhaxe the authority of the Board of Directors- xcept a provided in Section 4.2 of these Bvlawa mearding the Executive Committee The Board of Directors may establish advisory committees, the members of which shall be appointed by the Board of Directors or, if expressly authorized by the Board of Directors, by the Chair. committee shall at all times be subject to the control and direction of the Board of Directors. Except as otherwise provided in these Bylaws, committee members need not be directors. SECTION 4.2 Executive Committee There shall be an Executive Committee consisting of the Chair, Vice Chair, Secretary and Treasurer. If none of these is an Appointed Director, the Board shall elect an Appointed Director to serve as a voting member of the committee. The President; shall serve as an ex officio non - voting member of the committee The Chair of this corporation shall be the chair of the Executive Committee. The Executive Committee shall have the authority of the Board of Directors in the management of the business of this corporation in the interval between meetings of the Board of Directors, provided, however, that the Executive Committee shall not have authority to act on any matter described in Section 2.7 of these Bylaws or matters listed in Section 4.3 below, except as specifically provided in Section 4.3(e) and Section 2.7(o). The presence of all the members of the Executive Committee shall constitute a quorum at any meeting thereof, but the committee members present at any meeting, although less than a quorum, may adjourn the meeting from time to time. SECTION 4.3 Prohibited Actions Notwithstanding any provision of these Bylaws apparently to the contrary, the Executive Committee shall not have the authority to take any of the following actions: (a) Amend or repeal the Articles of Incorporation or Bylaws of this corporation; (b) Elect, appoint, or remove any member of the Board of Directors or the Executive Committee, or any officer of this corporation; (c) Adopt or approve a plan of merger or consolidation with another corporation; 9 (a) (d) Authorize the sale, lease, exchange, mortgage or other disposition of all or substantially all the assets of this corporation; (e) Authorize the sale, lease, exchange, mortgage or other disposition of the assets of this corporation in the ordinary course of business, unless the Board of Directors has by resolution approved such delegation as provided in Section 2.7(o) and such resolution references both the specific transaction and the specific assets for which authority is delegated; (f) Authorize the voluntary dissolution of the corporation or revoke proceedings therefere r or (g) Amend or repeal any resolution of the Board of Directors. SECTION 4.4 Audit/Compliance Committee There shall be an Audit/Compliance Committee consisting of the Treasurer, who shall be the chair of the committee, and at least one other D3ireete i t . There shall be at least one Appointed Director, who may be the Treasurer, and at least one non - director member with expertise in the areas of finance or consumer advocacy The Audit/Compliance Committee shall (a) review this corporation's financial matters and report on them to the Board of Directors, (b) recommend independent auditors for approval by the Board of Directors, and (c) review this corporation's compliance program, including matters relating to charity care, discounts and collections and report on the program to the Board of Directors. SECTION 4.5 Governance Committee There shall be a Governance Committee consisting of three or more Dir� There shall be at least one Appointed Director, and the number of Community Directors shall equal or exceed the number of Appointed Directors. The Governance Committee shall nominate individuals to serve as Community Directors and officers of this corporation, shall supply criteria and desired competencies, may suggest candidates to the City for Appointed Director positions and shall have such other duties as the Board of Directors shall determine from time to time. The corporation is committed to maintaining a Board having diverse competencies, aimed at effective oversight of the health care enterprise. The Governance Committee shall periodically review and recommend to the Board the general and special competencies that should be reflected in Board membership and create, manage and regularly review a list of potential board members from which a slate of candidates for Board of Director vacancies can be developed (the "Candidate List "). For vacancies in Appointed Director positions, the Governance Committee will forward to the City the Board's most recently adopted competency based board criteria, identify the special competencies with respect to which the Governance Committee believes the current Board has gaps, and list those candidates from the Committee's Candidate List who would -9- 9 Ca) comply, in the Committee's judgment, with the criteria, given the competencies of the other current Board members. In making its appointments, the City will review the corporation's board criteria, the special competency gaps and consider names forwarded, if any, by the Governance Committee, but shall be free to appoint whomever the City determines. For vacancies in Community Director positions, the Governance Committee will identify and forward to the Board the special competencies with respect to which the Governance Committee believes the current Board has gaps, and list those candidates from the Committee's Candidate List who would comply, in the Committee's judgment, with the Board's most recent competency based board criteria, taking into account the competencies of the other current Board members. In filing vacancies for Community Board positions, the Board will review the corporation's board criteria, the special competency gaps and consider names forwarded by the Governance Committee, but shall be free to elect such individuals as it determines. SECTION 4.6 Meetings and voting Meetings of each advisory committee shall be called and held in accordance with the provisions of Sections 2.2 to 2.6 of these Bylaws as they apply to meetings of the Board of Directors. INDEMNIFICATION SECTION 5.1 In emnification This corporation shall indemnify its directors, officers, committee members, and employees against such expenses and liabilities, in such manner, under such circumstances, and to such extent, as required or permitted by Minnesota Statutes, Section 317A.521, subd. 2, as amended from time to time, or as required by other provisions of law; provided, however, that no indemnification shall be made with respect to any claim, issue or matter as to which the person shall be adjudged to be liable to this corporation. SECTION 5.2 Advances This corporation shall advance expenses in such manner, under such circumstances, and to such extent, as required or permitted by Minnesota Statutes, Section 317A.521, subd. 3, as amended from time to time; provided, however, that this corporation shall not advance expenses incurred in defense of a claim brought by or in the right of this corporation or expenses incurred in pursuing a claim against this corporation. The provisions of this Section are not intended to limit the ability of a person to receive advances as an insured under an insurance policy maintained by this corporation. SECTION 5.3 Insurance This corporation may purchase and maintain insurance on behalf of any person who is or was a director, officer, committee member, or employee against any liability asserted against and incurred by such person in or arising from such capacity, whether or not this corporation would otherwise be required to indemnify the person against the liability. -10- 4 (a) MEDICAL STAFF SECTION 6.1 Authority. In accordance with applicable law, the Board of Directors shall have the ultimate authority to determine the categories of practitioners eligible and criteria for appointment to the medical staffs of facilities operated by the corporation. The Board of Directors shall have final authority on all matters involving medical staff membership, clinical privileges and corrective action after consideration of the medical staff s recommendations; provided, however, that the Board of Directors may act in any event in which the medical staff fails to adopt and submit such recommendations within the time frame set forth in the medical staff bylaws and any supporting documents. SECTION 6.2 Delegation Subject to the ultimate authority of the Board as set forth in Section 6.1 of these Bylaws and in accordance with legal and accreditation requirements, the Board of Directors has authority to delegate to the medical staffs of the facilities operated by the corporation the responsibility for monitoring and ensuring the quality of care provided in such facilities, making recommendations concerning applications for appointment and reappointment to the medical staff and clinical privileges, and such other matters as the Board of Directors in its discretion deems appropriate. f `Y O I �l; 1► L� � 1 119 SECTION 7.1 Fiscal year Unless otherwise fixed by the Board of Directors, the fiscal year of this corporation shall begin on January 1 and end on the succeeding December 31. SECTION 7.2 Corporate seal This corporation shall have no seal. SECTION 7.3 Amendments The Bylaws of this corporation may be amended only as provided in this Section 7.3. (a) The Board of Directors may amend the Sections of the Bylaws listed in Section 2.7(b) of these Bylaws by the approval of at least two-thirds of all directors of this corporation as provided in Section 2.7, provided, however, that no such amendment shall be effective without the approval of the voting member. (b) The voting member may propose amendments to the Sections of the Bylaws listed in Section 2.7(b) above, provided, however, that no such amendment shall be effective without the approval of at least two -thirds of all directors of this corporation as provided in Section 2.7 of these Bylaws. (c) Sections of the Bylaws other than those listed in Section 2.7(b) above may be amended by the affirmative vote of a majority of the directors present at a meeting of the Board of Directors at which a quorum is present. The voting member shall be notified of any such amendments, but such amendments shall -11- be immediately effective irre¢ardless of notice and without approval by the voting member. The voting member shall have no power to propose amendments to Sections other than those listed in Section 2.7(b) above. (d) Notwithstanding the foregoing, the voting member may unilaterally amend any Section of the Bylaws of this corporation upon any of the following events: (i) the Lease between this corporation and the City effective December 31, 2007 terminates for any reason other than as a result of the exercise of the purchase option set forth in such lease, (ii) continued noncompliance by this corporation with the Operating Parameters set forth in Sections B, C or D of Exhibit A attached to these Bylaws at the expiration of the cure period as provided for such Operating Parameters, provided that the City furnishes written notice within the periods stated in such Sections of its intent to exercise its amendment rights, or (iii) the Board of Directors votes to undertake any action described in Section 2.7(c) or 2.7 (d) of these Bylaws or to cease all or substantially all the operations of this corporation. The voting member shall have no power to amend these Bylaws unilaterally in any other circumstance. SECTION 7.4 Authority to borrow, encumber assets No director, officer, agent or employee of this corporation shall have any power or authority to borrow money on its behalf, to pledge its credit or to mortgage or pledge its real or personal property except within the scope and to the extent of the authority delegated by resolutions adopted from time to time by the Board of Directors. Authority may be given by the Board of Directors for any of the above purposes and may be general or limited to specific instances. SECTION 7.5 Execution of instruments Deeds, mortgages, bonds, checks, contracts and other instruments pertaining to the business and affairs of this corporation may be signed on behalf of this corporation by the President, the Chair, the Vice Chair, or such other person or persons as may be designated from time to time by the Board of Directors. SECTION 7.6 Deposit of funds All funds of this corporation shall be deposited from time to time to the credit of this corporation in such banks, trust companies or other depositories as the Board of Directors may approve or designate, and all such funds shall be withdrawn only in the manner or manners authorized by the Board of Directors from time to time. LIMITED MEMBER RIGHTS SECTION 8.1 Context for Creation of Member Rights As described in the Preamble to these Bylaws, this corporation was formed by a community task force, which believed that this corporation should provide certain limited rights to the City concerning the commitment of this corporation to continue its mission. This corporation agrees that the City should receive the benefit of all residual assets should all or substantially all of the assets of the corporation be sold, merged with, or leased or transferred to others, or should this -12- a CQ� corporation cease operations as a health care provider of the type contemplated under these Bylaws. Although this corporation had no voting members when it was incorporated, the Board of Directors has determined that it is in the best interests of this corporation to permit the City to become a voting member solely for the purpose of ensuring that the City receives the benefit of any residual assets or resources and has the opportunity to approve the final disposition of the corporation's assets or the proceeds from disposition thereof. Accordingly, these Bylaws confer on the City certain limited member rights which become exercisable only upon the occurrence of events or Board of Director actions described herein. If or when those events occur, the City may exercise the membership rights described in these Bylaws. The City shall have no membership rights other than those described in these Bylaws. The rights set forth herein require acceptance of such membership rights by action of the City Council at any time following adoption of these Bylaws. SECTION 8.2 Limited Membership Right . The City shall have the following membership rights, and only these membership rights: (a) In the event that the Board of Directors approves an action described in Section 2.7(a) -(i) of these Bylaws, the City has the power to approve or veto the action. The action shall not be effective without the approval of the City. (b) As described in Section 7.3 of these Bylaws, the City has the power to approve and propose amendments to these Bylaws. (c) The City may sell or transfer its membership rights to this corporation or to a third party, but only if such sale or transfer is approved in advance by at least two - thirds of the directors of this corporation. The consideration given in exchange for such membership rights will be determined by the parties to the transaction, but in any event, is wholly unrelated to any purchase option or payment obligations set forth in the Lease. SECTION 8.3 Resignation The City may resign one or more of its enumerated membership rights at any time, but shall not have the right thereafter to reinstate such rights. SECTION 8.4 Dues. This corporation shall not have the right to impose dues, assessments or fees on the City without the consent of the City. SECTION 8.5 Dividends The City shall have the right to receive dividends as a member. (Dividends are not contemplated, however, the tool is available if extraordinary /windfall circumstances arise, should the board ever choose to use it.) SECTION 8.6 Member Meetings This corporation shall not be required to hold annual meetings of the member as a result of the limited membership rights set forth in Section 8.2 of these Bylaws. -13- 9 (�-) SECTION 8.7 No Prospective Waiver No consent given, or waiver by, the member with respect to any right under these bylaws shall be deemed or construed to be consent or waiver with respect to any other application of such right or other rights, and the failure to act with respect to a right, or failure to declare that a right has been triggered, shall not constitute a waiver of such rights hereunder, except as specifically provided in Exhibit A or Section 7.3. -14- 9(Q) BYLAWS EXHIBIT A Operating Parameters, and Effects of Default The corporation and the City (as a limited member) have agreed that the corporation will exceed certain performance parameters and fundamental standards set forth in Sections A, B, C and D, below (collectively, the "Operating Parameters "). On or before the 150th day after the end of this corporation's Fiscal Year, this corporation will submit to the City its computations and certification of compliance with each of the Operating Parameters set forth in Sections A and B, based on financial results audited by a firm of qualified Certified Public Accountants. Section A If this corporation is not in compliance with any of the Operating Parameters set forth in this Section A when such computations are due, this corporation shall provide a written plan detailing how it will satisfy the Operating Parameters in this Section A within a reasonable time period specified by the City (the "Workplan"). The City may also require this corporation to engage, within forty -five (45) days of the City's written notice, a management consultant mutually selected by the City and this corporation (the "Consultant ") for the purpose of reviewing the deficiency and making recommendations regarding the operation and administration of the health care system. This corporation shall give full and prompt consideration to the Consultant's recommendations and, to the fullest extent feasible and consistent with this corporation's charitable mission, its obligations under this Agreement, and the interests of the community it serves, this corporation shall undertake its best efforts to implement such recommendations. Notwithstanding the foregoing, this corporation shall take no action pursuant to its Workplan or in response to the Consultant's recommendations that would jeopardize this corporation's 501(c)(3) status, compliance with bond covenants under any Existing Bonds or Future Bonds, or its adherence to legal, regulatory or accreditation standards and requirements. So long as this corporation fails to comply with any of the Operating Parameters set forth in Section A, the corporation will provide to the City, not later than on the last day of each fiscal quarter, or at such other interval as the corporation and the City may agree, a letter from the Consultant (if engaged) to the effect that in his or her judgment, this corporation is implementing such recommendations in orderly fashion. (1) Maximum Annual Debt Coverage Ratio of at least 1.3 times. (2) Cash to Debt Ratio of at least 50 percent. (3) Days Cash on Hand of 60 days. -IS- (4) Operating Margin of at least 1.5 percent in at least I of the last 2 Fiscal Years. Section B If the corporation is not in compliance with the Operating Parameters set forth in this Section B, or fails to submit its required computations and certification of compliance with the Operating Parameters, then no later than one hundred twenty (120) days from its receipt of such computations and certification, or in the event of a failure to submit such computations and certifications, no later than one hundred twenty (120) days from their due date, the City may provide written notice to the corporation that its voting member's amendment rights set forth in Section 7.3(d) shall be effective as of such 120th day. The failure to provide such notice in any one Fiscal Year shall not constitute a waiver of the City's notice and member amendment rights in any subsequent Fiscal Year in which the corporation is not in compliance with the Operating Parameters set forth in this Section B, or fails to submit its required computations and certification of compliance. (1) Maximum Annual Debt Coverage Ratio of at least 1.15 times in at least I of the last 3 Fiscal Years. (2) Cash to Debt Ratio of at least 30 percent. (3) Days Cash on Hand of 45 days. (4) Operating Margin of at least 1.5 percent in at least I of the last 3 Fiscal Years. Section C If at any time, this corporation is not in compliance with any of the Operating Parameters set forth in this Section C, following either (i) a period equal to the cure period stated in the notice from the applicable agency threatening revocation of authority or applicable statute or regulation with respect thereto, or (ii) if no specific cure period is provided by any such notice, statute, or regulation, a period of thirty (30) days from the date of the notice or actual knowledge of the event which resulted in the noncompliance, then no later than one hundred twenty (120) days from the close of such cure period or the date of such notice or knowledge of the event, as applicable, the City may provide written notice to the corporation that its voting member's amendment rights set forth in Section 7.3(d) shall be effective as of such 120th day; provided, however, that the aforementioned cure periods will be tolled during any period in which both (i) the corporation complies with the applicable administrative and/or legal process necessary to challenge or appeal the noncompliance or noncompliance determination, and (ii) during the pendency of such challenge or appeal, and before final determination of the matter, the corporation continues to have authority to provide care and to bill and collect payment for the services rendered to all its patients for whom, otherwise, the noncompliance would prohibit the corporation from billing and collecting for services -16- 9�a) provided to such patients. The failure to provide such notice in any one Fiscal Year shall not constitute a waiver of the City's notice and member amendment rights in any subsequent Fiscal Year in which the corporation is not in compliance with the Operating Parameters set forth in this Section C. (a) The corporation shall obtain such licenses from the Minnesota Department of Health as are necessary to operate in accordance with its Fundamental Nature, including a hospital license, and maintain such licenses in good standing. (b) The corporation shall comply with all applicable Medicare conditions of participation or submit and implement corrective action plans satisfying same (or the federal government's primary health insurance program from time to time if the existing Medicare program is supplanted at any time). (c) The corporation shall obtain and maintain the health care system accreditation by the relevant state survey agency or the Joint Commission. (d) The corporation shall maintain tax- exempt status as an organization described in Section 501(c)(3) of the Internal Revenue Code, as amended. (e) At all times, the corporation shall be authorized and permitted to bill and collect for the provision of hospital and clinic services to patients under such government programs by which they are covered and services to members of the general public. Section D If the corporation is not in compliance with the Operating Parameters set forth in this Section D, then no later than one hundred twenty (120) days from its receipt of notice with regard to a default under paragraph 1 or deficiency under paragraph 2, the City may provide written notice to the corporation that its voting member's amendment rights set forth in Section 7.3(d) shall be effective as of such 120th day. The failure to provide such notice in any one Fiscal Year shall not constitute a waiver of the City's notice and member amendment rights in any subsequent Fiscal Year in which the corporation is not in compliance with the Operating Parameters set forth in this Section D. (1) Compliance with any financial covenants made by this corporation in connection with any future outstanding debt of the corporation issued as described in Section 17.10 of the Lease, which, if not complied with, would constitute an event of default; provided that this corporation shall be considered compliant during any period with respect to which the lender, or trustee acting on its behalf, has waived all defaults. (2) This corporation shall always operate such that the City is within the Hospital's Geographic Service Area as defined in Section 1.1 (c) of these Bylaws. -17- q(a) Amendments The parties acknowledge that the Operating Parameters have been designed as indicators of financial or quality jeopardy undercurrent market conditions. It is also acknowledged that the Operating Parameters are also based on Generally Accepted Accounting Principles ( "GAAP ") that currently exists. This corporation and the City shall, from time to time, amend the Operating Parameters as necessitated by changes in GAAP and market conditions in order to maintain their status as indicators of financial or quality jeopardy, taking into consideration the performance of similarly situated nonprofit corporations having comparable operations to this corporation's. Certain Definitions: Cash To Debt Ratio: For any Fiscal Year, shall mean the ratio of (1) Unrestricted Liquid Funds of the corporation to(2) the Long -Term Debt less cash or investments restricted under any Indenture (that has been excluded from Unrestricted Liquid Funds) of the corporation, all as shown in the audited financial statements of the corporation for any Fiscal Year. Days Cash on Hand: means the result of dividing the Unrestricted Liquid Funds of the corporation by daily operating expenses. Daily operating expenses is computed by dividing Total Operating Expenses less depreciation and amortization expense for such Fiscal Year by the number of days in that Fiscal Year. Existing Bonds: The following bonds issued by City: General Obligation Medical Facilities Revenue Refunding Bonds, Series 199713; General Obligation Medical Facilities Revenue Refunding Bonds, Series 1998A; General Obligation Taxable Medical Facilities Revenue Refunding Bonds, Series 1998B; Taxable Medical Facilities Gross Revenue Bonds, Series 1998; General Obligation Medical Facilities Revenue Bonds, Series 2002D; and General Obligation Medical Facilities Revenue Bonds, Series 2003A. Future Bonds: Any indebtedness of the corporation that is entered into on or after the December 31, 2007 effective date of the Lease between the City and the corporation. Fiscal Year: Each 12 month period ending on the date specified in the Bylaws of this corporation. Currently, the fiscal year ends on December 31. Generally Accepted Accounting Principles (GAAP): GAAP is the standard framework of guidelines for financial accounting, as established in the United States of America. It includes the standards, conventions, and rules accountants follow in recording and summarizing transactions, and in the preparation of financial statements. GAAP for this purpose means those guidelines and rules applicable to this corporation. 9 (a) Long-Term Debt: All obligations which appear as a long -term liability on this corporation's financial statement in accordance with GAAP, including but not limited to revenue bonds, capital leases, bank or installment debt, and contracts for deed, plus or minus any amounts for unamortized discounts /premiums or deferred losses on refunding. However, Long -Term Debt excludes the debt to the City related to the payment required in Section 3.1 of the Lease Agreement. Maximum Annual Debt Coverage Ratio: Net Revenues for a Fiscal Year divided by the Maximum Annual Principal and Interest Requirement due in future fiscal years. The ratio is to be computed based on this corporation's audited financial statements. For any computation that requires reference to one or more Fiscal Years prior to the effective date of the Lease Agreement, the ratio is to be computed using the Net Revenues and Maximum Principal and Interest Requirement from the applicable Fiscal Year audited financial statements of the City enterprise Hutchinson Area Health Care. Maximum Annual Principal and Interest Requirement: The sum of the maximum principal and interest payments required to be paid in any future Fiscal Year on Long -Term Debt. If a Long -Term Debt issue has a balloon payment, for the purposes of this computation that balloon payment is to be amortized over a period of years equal to the lesser of 30 years less the total number of years that the issue has been outstanding (from inception) prior to the date of the balloon payment, or the remaining useful life of the asset being financed. For purposes of the preceding sentence, the "remaining useful life" shall be defined as the number of years remaining until the asset is fully depreciated per the depreciation schedule maintained by the corporation in accordance with GAAP. The interest rate to be applied during this period is equal to the rate required to be paid on the issue in the fiscal year preceding the balloon payment. The principal and interest amortization for the Fiscal Years including and subsequent to the balloon payment is to be computed assuming an equal annual amortization. If Long -term Debt includes a debt issue that has a variable interest rate, for purposes of computing future year interest requirements, the interest rate to be used is the rate in effect at the end of the Fiscal Year for which this computation is being made. Net Revenues: The aggregate of all operating and nonoperating revenues less Total Operating Expenses, except excluding (I) depreciation (2) amortization and (3) interest expense of this corporation, all determined in accordance with GAAP, for a Fiscal Year. However, Net Revenues are to exclude any (1) contribution or investment income that has been restricted by its donor for endowment (permanently restricted) purposes (2) unrealized gains and losses on investments (3) extraordinary or non - recurring items including gains or losses on refinancing, extinguishment of indebtedness, gains or losses of sales or other dispositions of property not in the ordinary course of business. Operating Margin: The sum of Total Operating Revenues less Total Operating Expenses divided by Total Operating Revenues for a Fiscal Year. The ratio is to be computed based on this corporation's audited financial statements. For the two Fiscal Years immediately after the effective date of the Lease Agreement, the prior year(s) ratio is to be computed using the -19- 9(o Total Operating Revenues and Total Operating Expenses from the applicable Fiscal Year audited financial statements of Hutchinson Area Health Care. Total Operating Expenses: All expenses reported as operating expenses, in accordance with GAAP, that this corporation reports for a Fiscal Year, including (1) depreciation (2) amortization and (3) interest expense. Total Operating Revenues: All revenues reported as operating revenues, in accordance with GAAP, that this corporation reports for a Fiscal Year excluding any (1) contribution or investment income that has been restricted by its donor for endowment (permanently restricted) purposes (2) unrealized gains and losses on investments (3) extraordinary or non- recurring items including gains or losses on refinancing, extinguishment of indebtedness, gains or losses of sales or other dispositions of property not in the ordinary course of business. Unrestricted Liquid Funds: means (i) unrestricted cash, (ii) cash equivalents, (iii) escrow funds, if any, under that certain Escrow Agreement effective December 31, 2007 by and between this corporation and the City of Hutchinson, and (iv) board designated marketable debt and equity securities, but excluding and exclusive of (1) all trustee -held funds; and (2) borrowed funds that are entrusted with a lender. -20- 9 (a) 1 r 1 111 j/ CITY OF HUTCHINSON MEMO Finance Department December 28, 2010 TO: MAYOR & CITY COUNCIL FROM: DAVID BLUMBERG, ASSISTANT FINANCE DIRECTOR SUBJECT: NEW ACCOUNTING STANDARDS FOR FUND BALANCE Action Requested Council adoption of the following: - A Resolution Adopting a Revised General Fund Balance Policy - A Resolution Committing Specific Revenue Sources in Special Revenue Funds Background The Government Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions to address issues related to how fund balance was being reported and to clarify the definitions of the governmental fund types. Required implementation of GASB Stmt. 54 is December 31, 2011, The Finance Department has decided to early implement this standard for the fiscal year ending December 31, 2010. General Fund Balance Policy With the implementation of GASB 54, additional note disclosures of a government's fund balance policy are required that are not addressed in the City's current fund balance policy. The City's fund balance policy has been updated to include the additional note disclosures required by GASB 54. CommittinE Specific Revenue Sources in Special Revenue Funds GASB 54 is clear that, for financial reporting purposes, a special revenue fund may only be established to report one or more revenue sources that are restricted or committed to a specified purpose, and that the revenue source should constitute a substantial portion of the resources reported in the fund. The attached resolution formalizes the commitment of the specific revenue sources to the specified purposes so that the funds may continue to be reported as special revenue funds. RESOLUTION NO. 13827 A RESOLUTION ADOPTING A REVISED GENERAL FUND BALANCE POLICY WHEREAS, The Government Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, and; WHEREAS, GASB Stmt No. 54 requires additional note disclosures of a government's fund balance policy and; WHEREAS, the City of Hutchinson's current fund balance policy does not address these additional note disclosures NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA That the attached revised General Fund balance policy is hereby adopted. Adopted by the City Council this 28 day of December, 2010 Steven W. Cook, Mayor ATTEST: Gary D. Plotz, City Administrator 10(D-� FUND BALANCE POLICY ADOPTED DECEMBER 28, 2010 oc�) CITY OF HUTCHINSON FUND BALANCE POLICY I. PURPOSE The purpose of this policy is to establish specific guidelines the City of Hutchinson will use to maintain an adequate level of fund balance to provide for cash flow requirements and contingency needs because major revenues, including property taxes and other government aids are only received twice a year in the second half of the City's fiscal year. The purpose of this policy is to also establish specific guidelines the City of Hutchinson will use to classify fund balances into a categories based primarily on the extent to which the City is bound to honor constraints on the specific purposes for which amounts in these funds can be spent. II. CLASSIFICATION OF FUND BALANCE /PROCEDURES 1. Nonspendable • This category includes fund balance that cannot be spent because it is either (1) not in spendable form or (2) is legally or contractually required to be maintained intact. Examples include inventories and prepaid asset amounts. 2. Restricted • Fund balance should be reported as restricted when constraints placed on those resources are either (1) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments or (2) imposed by law through constitutional provisions or enabling legislation. 3. Committed • Fund balance that can only be used for specific purposes pursuant to constraints imposed by formal action of the government's highest level of decision making - authority. The committed amounts cannot be used for any other purpose unless the government removes or changes the specified use by taking the same type of action it employed to commit those amounts. • The City's highest level of decision making authority (City Council) will annually or as deemed necessary commit specific revenue sources for specified purposes by resolution. This formal action must occur prior to the end of the reporting period, however, the amount to be subject to the constraint, may be determined in the subsequent period. • To remove the constraint on specked use of committed resources the City Council shall pass a resolution. City of Hutchinson Fund Balance Policy Page 2 1(,) 60-) CITY OF HUTCHINSON FUND BALANCE POLICY II. CLASSIFICATION OF FUND BALANCE /PROCEDURES (Continued) 4. Assigned • Amounts that are constrained by the government's intent to use for specified purposes, but are neither restricted nor committed. Assigned fund balance in the general fund includes amounts that are intended to be used for specific purposes. • The City Council has delegated the authority to assign and remove assignments of fund balance amounts for specified purposes to the City Administrator. 5. Unassigned • Unassigned fund balance represents the residual classification for the General Fund. Includes amounts that have not been assigned to other funds and that have not been restricted, committed, or assigned to speck purposes within the General fund. The General fund is the only fund that reports a positive unassigned fund balance amount. i. The City will maintain an unrestricted fund balance in the General fund of an amount not less than 40% of the next year's budgeted expenditures of the General fund. This will assist in maintaining an adequate level of fund balance to provide for cash flow requirements and contingency needs because major revenues, including property taxes and other government aids are received twice a year in the second half of the City's fiscal year. III. MONITORING AND REPORTING The City Administrator shall annually prepare the status of fund balances in relation to this policy and present to the City Council in conjunction with the development of the annual budget. When both restricted and unrestricted resources are available for use, it is the City's policy to first use restricted resources, and then use unrestricted resources as they are needed. When committed, assigned or unassigned resources are available for use, it is the City's policy to use resources in the following order: (1) Committed, (2) Assigned, and (3) Unassigned. A negative residual amount may not be reported for restricted, committed, or assigned fund balances in the general fund. City of Hutchinson Fund Balance Policy Page 3 Ic) (LL RESOLUTION NO. 13826 A RESOLUTION COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS WHEREAS, The Governmental Accounting Standards Board's Statement No. 54 definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects; and, WHEREAS, the term "proceeds of specific revenue sources" establishes that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund's revenues; and WHEREAS, investment earnings and transfers from other funds do not meet the definition of a specific revenue source; and WHEREAS, Council action is required before year end to formalize the commitment of the specific revenue sources to specified purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA That effective December 28, 2010 the specific revenue source of each special revenue fund and the specific purposes for which they are committed are as follows: Special Revenue Fund Specific Revenue Sources Committed For Fire Department related expenditures and responding to Rural Fire Department Fund Charges for Services rural fires Hutchinson Area Transportation Services Intergovernmental revenue, Jointly operated transportation Facility Fund char es for services building ex enditures Economic Development Loan Financing for economic Fund Loan Payments development activities Financing for downtown commercial rehabilitation Energy Loan Fund Loan Payments activities Financing for housing HRA Loan Fund Loan Payments rehabilitation activities Housing Rehabiliation Grant I Financing for housing Fund Loan Payments rehabilitation activities I b (,g-)- Special Revenue Fund Specific Revenue Sources Committed For Financing for economic Minnesota Investment Fund Loan Payments development activities Parkland purchases and subdivision improvements, the tree escrow program, and public Public Sites Fund Charges for Services arts Adopted by the City Council this 28 day of December, 2010. Steven W. Cook, Mayor ATTEST: Gary D. Plotz, City Administrator 1C) ) CITY OF HUTCHINSON 2011 COMPENSATION PLAN Effective January 1, 2011 RESOLUTION NO. 13828 RESOLUTION ADOPTING AMENDED POSITION CLASSIFICATION ASSIGNMENT TABLE DUE TO EMPLOYEE LAYOFFS AND CORRESPONDING PAY GRID EFFECTIVE January 1, 2011 WHEREAS, the City Council has considered the existing classification of positions for the City of Hutchinson and the current economic conditions, BE IT RESOLVED, that a Position Classification Plan is hereby adopted. All positions covered by this Resolution shall be grouped in grades having a definite range of difficulty and responsibility. For each position there shall be a title; and there shall be shown examples of work which are illustrative of duties of positions, as well as requirements as to knowledge, abilities and skills necessary for performance of the work; and a statement of experience and training desirable for recruitment into a position. A. Plan O biectives • To establish and maintain a compensation plan that enables the City of Hutchinson to be highly competitive within our defined market. • To lead or exceed the market in attracting and retaining qualified, reliable and motivated employees who are committed to quality and excellence for those we serve. • To ensure, subject to the financial condition of the City, that employees receive fair and equitable compensation in relation to their individual contributions to the City's success. • To follow the principles of pay equity in establishing and maintaining pay relationships among positions based on the categories of the Stanton Point Factor System. • To ensure program flexibility necessary to meet changing economic, competitive, technological, and regulatory conditions encountered by the City. • To balance compensation and benefit needs with available resources. B. Plan Struc ture The compensation plan specifies salary range minimums and maximums. The intent of each salary grade is to fall within 80 % and 115 % of identified market for positions within the grade. (See Attachment B) Each numbered pay grade in the basic table consists of the following: 1. Salary Minimum: The lowest amount paid to an employee in a specific job grade or class. No employee will receive less than the minimum rate. (80% of market) 2. Salary Mid - point: The middle of the salary range. (97.5% of market) 3. Market Rate: The market rate represents the competitive rate for an employee who is fully functional within their current position. (100 %) 4. Salary Maximum: The difference between the salary market rate and the salary maximum represents merit pay for employee performance above that expected of a particular job. No employee will be paid above the maximum of the salary range. (115% of market). �oc-16) C. Ooen Salary Range The City shall adopt an Open Salary Range compensation plan that will allow for maximum flexibility and in -rage salary administration since there are not defined or pre - calculated "steps ". Employee movement within the pay grade range to which their position is assigned is based solely on performance. The open salary range concept rewards good and exceptional performers and advances employees to the market rate more quickly. (See item H. [4]) D. Positi on Classification Assianment The assignment table shall assign all of the various positions in the Position Classification Plan to the appropriate pay grade (See Attachment A). The City Administrator and Human Resources Director may jointly approve a reclassification of a position provided the reclassification does not exceed two grades upward or two grades downward from the current pay grade. To initiate consideration of this type of reclassification, the department director shall submit in writing the specific reasons for the reclassification. Any changes to the classification of a position of more than two pay grades shall be approved by the City Council. Requests for reclassification are normally brought before the Council each January, and at other times of the year, as needed. To initiate such a reclassification request, the department director shall submit a written request for consideration to the City Administrator and the Human Resources Director. The request shall include a description of significant or considerable changes to the position that warrant a reclassification. The City Administrator and Human Resources Director will determine if the reclassification request is to be forwarded to the City Council for consideration. E. Allocation Of New Positions When a new position is created for which no appropriate description exists or when the duties of an existing position are sufficiently changed so that no appropriate description exists, the City Council, after recommendation of the Human Resources Director, shall cause an appropriate job description- specification to be written for said position. F. Pay Grades 1. Exempt Employees Each position is assigned a pay grade. The normal beginning rate for a new employee will be the minimum rate. After satisfactory completion of twelve months probation, an increase may be granted as warranted by the annual performance appraisal. Thereafter, consideration for increases will be given annually on a standardized date established by the City. The City Administrator reserves the discretion to adjust individual rates within the assigned pay grades as required. The Council will determine any pay increase for the City Administrator. Consideration for market adjustment for all pay grades will be made each January 1. 2. Non- Exempt Employees Each position is assigned a pay grade. The normal beginning rate for a new employee will be the minimum rate. After satisfactory completion of twelve months probation, an increase may be granted as warranted by the annual performance appraisal. Thereafter, consideration for increases will be given annually on a standardized date established by the City. The City Administrator reserves the discretion to adjust individual rates within the assigned pay grades as required. Consideration for market adjustment for all pay grades will be made each January 1. 3. Police Patrol Positions The position of full time police patrol officer is assigned to Grade 5 on the pay plan. Temporary assignments will be made from these positions as needed for the investigative function for the department. With said assignment, there will be an additional $200.00 per month premium on top of the employee's patrol officer pay grid assignment. 4. Part-Time Liquor Store Clerk, Part-Time Custodial and Part -Time Compost Site Monitor Positions The part-time positions of liquor store clerk, custodian, and compost site monitor have been placed in separate pay plans that recognize the specific industry labor markets in which they work. The City Administrator and the Human Resources Director, as directed by the Administrator, shall maintain the discretion to hire at any point within the range based on the qualifications, experience, market conditions or other relevant factors, to secure the best candidate for the position. G. ADDrenticeship Program The City has implemented an apprenticeship program for those Water and Wastewater Department positions subject to identified employee development including required licensures /demonstrated skills, experience /longevity, and maturation in a position that directly affect the department's ability to deliver municipal services. H. Performance Evaluations 1. For all regular full time and part time employees, a performance appraisal or evaluation will be made on, at minimum, an annual basis and per city policy No. 3.08. An evaluation made by the employee's supervisor shall be submitted in writing to the employee and to the City Administrator. All evaluations will be forwarded to Human Resources for filing in the employee files. 2. Evaluations shall be based upon the performance of the individual in the position measured against established job performance criteria. Such criteria may include level of knowledge, skills, ability, and quality of work, personal work traits, compliance with established City or departmental rules and regulations or any other criteria that is indicative of performance. 3. The performance appraisal process is the application of performance standards to past performance. In appraising an employee, these are the basic levels of performance: (bW Outstanding - Performance is exceptional in all areas and is recognizable as being far superior to others. Exceeds Job Requirements - Results clearly exceed most positions requirements. Performance is of high quality and is achieved on a consistent basis. Meets Job Requirements - Competent and dependable level of performance. Meets performance standards of the job. Needs Improvement - Performance is deficient in certain area(s). Improvement is necessary. Unsatisfactory - Results are generally unacceptable and require immediate improvement. 4. Results The results of the employee's evaluation will normally have the following effect on his /her salary per the following Merit Increase Guide: Merit Increase Guide for Open Salary Ranges Achievement Level "Compa -ratio refers to the location of the individual in the range relative to the market. Merit/performance increases for eligible regular full time and regular part time employees will be effective on the first date of the first full pay period commencing on or after March 1, except for newly hired employees. For 2011, the effective date is Sunday, March 6, 2010. New employees are eligible for consideration for a merit/performance increase after one year of continuous employment, generally, the first year anniversary date. In subsequent years, eligible employees will receive the merit/performance increase as specified previously. 5. Market Conditions Notwithstanding any language to the contrary, the City Council retains the right to deviate from the pay plan when, in the sole judgment of the City Council, market conditions or other circumstances dictate such a decision. The City Administrator and Human Resources Director maintain final approval responsibility for salary increases. o cl) 0 to 1.1 to 2.0 to 2.76 to 3.51 to 4.26 to Comoa- Ratio 1.0 1.99 2.75 3.5 4.25 5.0 80.0-84.9 0% 0% 4% 5% 6% 7% 85.0-89.9 0% 0% 4% 5% 6% 7% 90.0-94.9 0% 0% 3% 4% 5% 6% 95.0-99.9 0% 0% 2% 3% 4% 5% 100.0 — 104.9 0% 0% 0% 2% 3% 4% 105.0 — 109.9 0% 0% 0% 1% 2% 3% 110.0 — 115.0 0% 0% 0% 0% 2% 3% "Compa -ratio refers to the location of the individual in the range relative to the market. Merit/performance increases for eligible regular full time and regular part time employees will be effective on the first date of the first full pay period commencing on or after March 1, except for newly hired employees. For 2011, the effective date is Sunday, March 6, 2010. New employees are eligible for consideration for a merit/performance increase after one year of continuous employment, generally, the first year anniversary date. In subsequent years, eligible employees will receive the merit/performance increase as specified previously. 5. Market Conditions Notwithstanding any language to the contrary, the City Council retains the right to deviate from the pay plan when, in the sole judgment of the City Council, market conditions or other circumstances dictate such a decision. The City Administrator and Human Resources Director maintain final approval responsibility for salary increases. o cl) I. Annual Market Adjustment Consideration The Wage Committee recommends an annual market adjustment, expressed as a percentage increase, to the City Directors for review and to the City Council for review and approval. The amount approved, if any, is applied to the wages of all eligible employees on the first payroll day of the year. Eligible employees include all regular full time and regular part time employees except those who have been subject to disciplinary action per Section 30 of the City of Hutchinson Employee Handbook — Personnel Policy as follows: An additional consequence of disciplinary action more severe than level a - oral reprimand — will be the permanent loss of the January 1 market adjustment in the calendar year following such disciplinary action. This will occur unless the director in charge and the City Administrator decide otherwise. Any market adjustment on January 1 of any year shall be separate and apart from the individual anniversary increases. In determining a recommendation for an annual market adjustment, the wage committee shall consider, at least the following information: 1. U.S., Midwest, and Minneapolis /St. Paul consumer price index changes (CPIU & CPIW) 2. Social Security calculation of cost of living increase 3. Unemployment rate 4. Employee turnover rate 5. Area wage survey 6. Legislative growth factor constraints J. Modification of the Plan The City Council reserves the right to modify any or all of the components or to vary from any of the components of the Compensation Plan at its discretion and at any time. K. Re view of the Plan As often as necessary to assure continued correct classification, the Position Classification Plan shall be reviewed by the Human Resources Director and necessary adjustments recommended to the City Council. It is recommended that a comprehensive review be completed at least every three years. L. Filina of the Plan Upon adoption of the Resolution, a copy of the Position Classification Plan approved by the City Council shall be placed on file with the City Administrator. The plan so filed and subsequently adjusted by the Council shall be the Position Classification Plan of the City. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON That the following table is hereby adopted as the City Position Classification Assignment Table, to be reviewed from time to time, assigning the various positions in the Position Classification Plan to the appropriate pay grades in the table. Pay grades for regular part time (PT) positions are assigned according to job responsibilities at the discretion of the City Administrator and Human Resources Director. I b( '6) City of Hutchinson Position Classification Table 2011 Grade Position Title 1 PT Office Specialist (Event Center) PT Water Maintenance Worker PT Compost Scale Operator PT Custodian (Fire Station/Library /Event Center) 2 Administrative Secretary (Public Works) FT /PT Lhility Billing Specialist General Maintenance Worker (HATS) Permit Technician (vacant) PT Administrative Technician PT Human Resources Technician PT Liquor Sales Clerk PT Licensing Clerk PT Meter Technician PT Senior Office Specialist (PRCE & W /WW) Public Works Maintenance Specialist 3 Administrative Secretary (Engineering) Arena/Civic Center Maintenance Specialist Compost Equipment Operator Compost Operations Specialist General Maintenance Worker (City Center /Event Center) Heavy Equipment Operator Police Records Specialist Police Supplemental Services Specialist Parks Maintenance Equipment Operator Planning Coordinator Senior Liquor Sales Clerk Water Plant Operator Wastewater Services Operator Senior Accounting Specialist 4 Accountant Emergency Dispatcher (FT /PT) Engineering Specialist Environmental Specialist Equipment Mechanic Lab Technician/WW Operator Parks Maintenance Specialist Payroll/Benefits Specialist Police Investigations Specialist Plant Equipment Mechanic II Senior Public Works Maintenance Specialist G rad Position Title 5 Event Center Coordinator Executive Assistant/Paralegal GIS Specialist Information Technology Specialist Lead Compost Equipment Operator Police Officer (FT /PT) Sales & Marketing Specialist Senior Engineering Specialist Senior Wastewater Operator Natural Resources Specialist 6 Recreation Services Coordinator 8 Building Official Motor Vehicle Deputy Registrar Parks Supervisor Police Sergeant Recreation Facilities Operations Manager 10 Assistant Finance Director /Controller Police Lieutenant Wastewater Superintendent Water Superintendent 11 Public Works Manager Compost Manager 12 Economic Development Director Fire Chief Human Resources Director IT Director Liquor Sales Manager Planning Director 14 16 19 Police Chief /Emergency Management Director PRCE Director City Attorney Public Works Director /City Engineer City Administrator Attachment A City of Hutchinson 2011 Compensation Plan - Pay Grid (0% increase) Mid -Pt. Mid -Pt. Market Market Grade 80% 80 %, 47 5% Q7 5 0 / 1 nnoi 1 nnoi 1 1 1 . 0 / 11 1 ;0/- 19 $7,143 $41.212 $8,706 $50.227 $8,929 $51.514 $10,268 $59.242 18 $6,883 $39.712 $8,389 $48.398 $8,604 $49.639 $9,895 $57.085 17 $6,623 $38.212 $8,072 $46.570 $8,279 $47.764 $9,521 $54.929 1 $$6,362 $3 6.707 $7,754 $44.736 $7,953 $45.884 $9,146 $52.766 15 $6,102 $35.202 $7,436 $42.903 $7,627 $44.003 $8,771 $50.603 14 $5,842 $33.702 $7,119 $41.075 $7,302 $42.128 $8,397 $48.447 13 $5,581 $32.198 $6,802 $39.241 $6,976 $40.247 $8,022 $46.284 12 $5,321 $30.698 $6,485 $37.413 $6,651 $38.372 $7,649 $44.128 11 $5,058 $29.184 $6,165 $35.568 $6,323 $36.480 $7,271 $41.951 10 $4,798 $27.684 $5,848 $33.739 $5,998 $34.605 $6,898 $39.795 9 $4,538 $26.179 $5,530 $31.906 $5,672 $32.724 $6,523 $37.632 8 $4,277 $24.674 $5,212 $30.072 $5,346 $30.843 $6,148 $35.469 7 $4,017 $23.174 $4,895 $28.244 $5,021 $28.968 $5,774 $33.313 6 $3,756 $21.670 $4,578 $26.410 $4,695 $27.087 $5,399 $31.150 5 $3,494 $20.156 $4,258 $24.565 $4,367 $25.195 $5,022 $28.974 4 $3,235 $18.665 $3,943 $22.748 $4,044 $23.331 $4,651 $26.831 3 $2,974 $17.156 $3,624 $20.909 $3,717 $21.445 $4,275 $24.661 2 $2,713 $15.651 $3,306 $19.075 $3,391 $19.564 $3,900 $22.498 1 $2,452 $14.146 $2,988 $17.241 $3,065 $17.683 $3,525 $20.335 PT Custodian $12.34 $15.04 $15.43 $17.74 PT Liquor Store Clerk $9.36 $11.41 $11.70 $13.46 PT Compost Monitor $8.78 $10.71 $10.98 $12.63 This Resolution authorizes staff to change 2011 budget appropriations to reflect rate changes. Adopted by the City Council this day of , 2010. (This Replaces Resolution No. 13780 ) O Steven W. Cook, Mayor Attachment B ATTEST: Gary D. Plotz, City Administrator 7 CITY OF HUTCHINSON RESOLUTION NO. 13829 RESOLUTION ADOPTING THE GENERAL FUND BUDGET FOR FISCAL YEAR 2011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the annual General Fund budget of the City of Hutchinson for fiscal year 2011 which has been submitted by the City Administrator and approved by the City Council is hereby Adopted; the total of said budget and the major division thereof being as follows: GENERALFUND REVENUES AVAILABLE CURRENT REVENUE 4,491,446 Taxes 51,300 Licenses 246,600 Permits 1,144,277 Inter - Govemmental Revenue Charges for Services 1,843,596 Fines 45,000 Interest 70,000 Transfers from Other Funds 2,161,535 Refunds & Reimbursements 568,785 Fund Balance 15,000 TOTAL AVAILABLE $10,637,539 REQUIREMENT APPROPRIATIONS Salaries & Benefits $6,607,157 Supplies & Maintenance 761,532 Professional & Contractual Services 465,925 Services & Charges 2,233,927 Transfers 87,050 Miscellaneous 181,948 Contingency 300,000 10,537,539 TOTAL APPROPRIATIONS Adopted by the City Council this 28th day of December 2010. Steven W. Cook Mayor ATTEST: Gary D. Plotz City Administrator I, ° cc-) CITY OF HUTCHINSON RESOLUTION NO. 13830 2011 TAX LEVY FOR CITY OF HUTCHINSON, MINNESOTA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT A NET tax levy for the City of Hutchinson for 2011 is hereby set in the amount of $6,360,187 The detail for this levy is as follows: General Fund 4,444,446 Voter Approved Referendum 35,000 Total General Fund Levy General Obligation Bond H.A.T.S. Facility Improvement Bonds 1 999 592,000 2000 58,400 2001 189,600 2002 151,900 2003 74,400 2004 137,300 2005 152,937 2006 2,826 2007 40,183 2008 128,078 2009 153,389 2010 80,718 Levy Reduction - Debt Management Plan (37,590) Total Improvement Bonds TOTAL TAX LEVY Adopted by the City Council this 28th day of December 2010 LEVY Amt. $ 4,479,446 $ 156,600 $ 1,724,141 $ 6,360,187 Steve W. Cook Mayor ATTESTED: Gary D. Plotz City Administrator I ()W) CITY OF HUTCHINSON RESOLUTION NO. 13831 CITY OF HUTCHINSON, MINNESOTA SETTING 2011 FINAL TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT the City of Hutchinson hereby establishes a special taxing district for the purpose of Hutchinson Housing Redevelopment Authority (Hutchinson HRA) and the financing of such district as authorized under Minn. Stat. 469.033 WHEREAS the Minn Stat 469.033 authorizes a levy to be set for an HRA special tax of .000185 times taxable market value of the city. AND for 2011 the authorization yields: .000185 x $882,434,400 = $163,250; the HRA Board requests for 2011 a levy of $130,000 THAT the City of Hutchinson hereby establishes a final tax levy for the above named special taxing district of $130,000 Adopted by the City Council this 28th day of December 2010 Steve W. Cook Mayor ATTESTED: Gary D. Plotz City Administrator N b (j�-) CITY OF HUTCHINSON RESOLUTION NO. 13832 CITY OF HUTCHINSON, MINNESOTA SETTING FINAL 2011 TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA WHEREAS the City of Hutchinson hereby establishes a special taxing district for the purpose of Hutchinson Economic Development Authority (Hutchinson EDA) and the financing of such district as authorized under Minn. Stat. 469.107 WHEREAS the Minn Stat 469.107 authorizes a levy to be set for an EDA special tax of .0001813 times taxable market value of the city. AND for 2011 the authorization yields: .0001813 x $882,434,400 = $159,985; the EDA Board requests for 2011 a levy of $159,985 THAT the City of Hutchinson hereby establishes a final tax levy for the above named special taxing district of: $159,985 Adopted by the City Council this 28th day of December 2010 Steve W. Cook Mayor ATTESTED: Gary D. Plotz City Administrator a-0 CITY OF HUTCHINSON MEMO Finance Department December 28, 2010 TO: MAYOR & CITY COUNCIL FROM: JEREMY CARTER, FINANCE DIRECTOR DAVID BLUMBERG, ASSISTANT FINANCE DIRECTOR SUBJECT: 5 -YEAR CAPITAL IMPROVEMENT PLAN (CIP PLAN) Attached are two summary reports of the 2011 — 2015 Capital Improvement Plan. The entire document consisting of the details of each project will be placed on the City website upon approval by City Council. The 5 -year Capital Improvement Plan serves as a guide that lays out capital expenditures greater than $10,000 over the next 5 years and the potential funding sources for those expenditures. The CIP plan is meant as a wide for the City but does not give authorization for the yroiects until formally =roved by the City Council. The 5 -year CIP plan is a fluid document that get's updated on an annual basis. Some projects get pushed back to later years, some projects drop off and some projects may move up years depending on priorities. Ultimately, the funding of potential projects is a major factor in determining which projects within the 5- year CIP plan get completed. If there are any questions ahead of time or the council would like to see further details of the 5 -year CIP plan please let me know. Thanks �D1� City of Hutchinson, MN C17T OF HUTCHINSON - CAPITAL PLAN 2011 thru 2015 FUNDING SOURCE SUMMARY Source 2011_ 2012 2013 2014. 2015 Total A00rt ConsYucfon Fund 15,000 15,000 30.600 Assesanents 979,800 603,900 736,850 778250 1,068.000 4,186,800 Capital projects Find &15.000 235,000 683.000 355,000 415,00 2,533000 Cash 206.000 7,115,00 7 Compost Fund 90 280.000 430,000 775,06 45.000 2,0240W CooperallWAgmmnent 4.000 Ow Eggpment Replacement Furl 236 ,000 369,000 168,000 188,000 207,00 1,162,000 G: O. Improvement Bands 965,266. 1.720,800. 4.198,275 1,016,150 1.192.000 9,09$5% General Obhpbwl Bonds 3,40000 1.4001000 Gmrgs - Federal 920.008 285.00 285.000 1.490000 Grant - Otlrer 375,000 3740 Murvopel Stets Aid 100,0W 400,000 80 400.OW 700,000 WOW Pem"Cam Fund! 10.000. 10000 1000 10.000 10,000 50,OW RduwFarding 154,000 55.000 350,06 1,054,000 SataorTrade in of Equipment 40,0W 30,00 20,000 90,06 Swum WSW U6a7 157.OW 157,000 157,00 157,00 157.000 765,000 Waslewaler Fund 35.000 325,000 525.000 515,000 650.006 2,385,000 Waler Fund 1,68.000 705,000 615,OW 644,000 60,000 3,W,,000 GRAND TOTAL - 8,085,080 9,470,700 8,353,125 5,708,400 12,584,000 42 Page l l ) ..-L City of Hutchinson, MN CITY OF HUTCHINSON - CAPITAL PLAN 2011 thru 2015 PROJECTS & FUNDING SOURCES BY DEPARTMENT Department Project# Priority 2011 2012 2013 2014 _ _ 2015 Total Airport 1 CWWWApron(Noteastng) W1201 3 300,000 325,006 AipwtCMWwdwFWW AM AM Gnaft -FOMW 2144 214M Airport MDWkq Equ'rytrer0 AIR -1202 3 25,000 25000 E**WSWRWb9=mWAM1 26,00 2AW Caapwlt 8- utdtThatgaron Naplon AIR -1401 4 300,000 308000' AAWCaWwBonFmd 15em MW Gann -Fk*W 2KOW 2m m Page 1 Airport Total 325,006 mum 624M Cemetery __- CetreteryFrereinyRoadvray CEIA01 3 10,000 10,000 10,006 10.DD0 10,000 50 Arpned gnFUrd 14M t4am imm 14488 fkan sgem Care" pickup CEM41301 2 25.000: 25000 E"Onu tRopl a - niFund AM 21000 Cemetery Total 10M 10,000 35,600 10 : ace 10,000 mom City Center AirConboler64tC4 entet CrrY CTR -01 3 25A00 20.000 45000 C4pa1itWw6Fwd AM AW 4400.. Cerpd Re0sament CTTYCTR-05 3 55.000 40 CapWraimbFund Siam Sgote City center Perhv Let CrTY CM-06 4 68,000 88.000 C*WFrq*ftFu00 84ma It= C t6 Center tetootdinsuOM CITY CTR -07 2 100,000 100,000 C4i8llp/4"Aw 10A0de 10400 City Center Total, 125,066 20,000 143M 284000 ; Civic Areaa — , ` Cie Arena steel titer CA-07 3 10,000 iQQ00. C4p8UPi41wtet FUed 1400 10.009 WestAwa W E ceding CA -10 1 40,000 40,000 C4padPro(a ftw 40A00 Liam CW Arere Rod CA•15 1 325,000 325,000 CapWroJ oA nd 32SOm. 32UN Civic Alen Total 40,000 10,660 325006 375000 Page 1 Depar Project# Priority 2011 2012 2013 2014 2015 Total Tww COMP -25 4 400.000 Ca00fFmd NAM RWwAumft 20AW SleMkg One &Pad Wdosure COMP-30 4 Ca7wWFod SSarepad COMP -M 5 15DAM Romko N0 i50A0 Trap iammmyolgSW COMP -33 5 400.000 CwwdFa0d 404000 Bbckbp br Bag.SklrageSib COMP -35 5 150,000 CanpoelRrM. 164000 COWzMUpgrade &BeJft COMP -36 3 200.000 Cw"Onnd 20400 PadIetw Upgrade. COMP -37 2 30,000 CWOW 30x0 Malnbnoxe Shop CCW -38 4 150,000 COMPWA0d 7400 RWO►FfidkV now FmN End Loodam COW 40 3 120.000 120.0011 120.000 Ca4aANd #AM M400 RWaFUNAW tAM 50bwPad0hdE*WPmt 44M JAM 24006 Oft Butikrg.. COMP42 1 100,000 CWWUFard 54000 ROOMFWA 4 50,00 For*A Replacement COMP-43 3 25,000 25,000 COmpatFmd 2x000 AM LoadN Dock COMP -44 4 50M Cowan" 54600 Cold Sbrap Wift COMP -45 3 100,000 COewdFWd 10400 Flow Boy Tot# COW-46 5 40,000 CwwdFuM 44M SS RoW Tnrck COMP -47 1 100.000 RAM A01dr00 10400 BbTn %Fuel Equip COMP48 5 750.000 Gnnh -OMW 37A00 RWOFednp 31400. SS Bi4okl Doom CCW -50 1 20,006 RWpFun** 2400 VeWe Replecemnt COMP -51 4 30,060 Cmiwanud 3408 Seariy Felting COMP -52 1 B COpw&bW AW"-W 4000 RWOF K*q ROM Ink Jet Bag Labeler. COMP -53 2 10,000 CWwstFmd 1408 Compost Total Engineering - EngbeelPkRW ENGR -01 450,000 464OW 4W,,007 228,00 200,800 45,000 454000 15,000 104000 404000 40400 150,000 100.00 20,000 20AM 30,000 24000 15,000 75000 74" 360,000 10400 ftlm M,MO 100000 6400 AM 50,000 5RM 50,000 50A0 100,000 104x0 44000 4,000 10,000 10400 750,000 37AOM 37x64p 20.000 22,00 3,000 30.000 4060 400 4,000 10.000 low 248,000 1,255,000 460,000 1,145,000 45,000. 3,501,000 3 25,000 25,000 4I Page 2 Department Project# Priority 2011 2012 2013 2014 2015 Total FgU~RWbMW "Pond Assunnmda 2400 2500 3'000. Engineering Total "'O0 a0.kr)HCrrea1tawala 2 s, 0 00 25,000 MkOOO ' Event Center — - - - -� MOOD 6200.000 Snhod Rd NW PAP -1101 2 1,080,000 Event CenbrRoot EUI 3 110801WO Asswwowbs 325,000 325,000 Capl6tAlyoob fund 10'00 32400 32460 Event Centel Total 94M 325AN 324OW Fire � 139,000 139.000 Fire Station Exhaust Removal FD-12 t 45.000 4000 CpwalRaMt4Fmid a 0. bwMwMMBOO 4 4s," 4'aw 4001 Emergency Ger aral r FD-13 1 30.000 14759 30.000 G* W Wrdwn FWd 10730 34000 VIM. Fee Station AdMM FD-22 3 14730 2,500.000 PAP-1103 2,500.000 GL atmamwowrdeards zxltow Assasmsah 4 Mdse Roof ReOlammant FD.25 1 45.000 45,OW: C PWPMpcmRmd AR"O 44000 4%W Fire Total 75,000 2,50010 45,000 t 6210W Infrastructure Improvements PavemadMenagan"t Car"as PAW -1100 3 500,000 500.000 500,000 500.000 1,001000 Assunnmda "Kati 20800 "Rase 2400 "'O0 a0.kr)HCrrea1tawala 3001000 30400 300,064 MOOD 6200.000 Snhod Rd NW PAP -1101 2 1,080,000 110801WO Asswwowbs 108000 10'00 r-mrs- Fedral 94M 920'00 James St NWtflf 7 to 5M Ave) PAF -1102 3 139,000 139.000 Aawaarnwa 3400 5.601 a 0. bwMwMMBOO 4 4'aw 40" Wut4walwFond 14759 10730 " 14730 14730 WaWS1NW PAP-1103 3 108,000 fKDW Assasmsah 4z400 4z400 G6 a bworammdao006 AR"O 31%10 Waskwgw FwM 1070 14750 WaMFwW 14730 14750 Kouws St MW PAP -1104 3 112,000 IIZODO Amaannb 4600 4440 a a 0eWOOSOMMBook 3420 34"0 WaabrwAwRmd t430 1450 WSIWA d %we 1460. Industrial SNd SE PAP -1105 3 430,OOD 430,OW Aarwrnmm 5 3400 G. akrpowmwdMawwS 36800 "Am Industrial BNd SE -Was Course Industrial Park PAP -1106 2 125,000 125,000 G. 0. hVm,mm"1ftOdJ 12400 12400 EdmommmAve SW or Montane St d GCR PNP -1107 3 200,OW 200,WD Aawwowda 10400 10'00 *x*$W SwbAld 1 0800 10'00 Main St S retaining wa PAP -1108 2 200,000 200,000 cash "'a0 26400 PIM 15 Parking Lot PAP -1109 2 574,200 574,200 Page 3 ` O y Pap 4 Project# Priority 2011 2012 2013 2014 2015 Total Department 422,000 4U.M S . Q. n G ��; 141,10D 141,200 Per" Lot PMP -1110 2 194,68D 1Bld6B0 1M00e AssasMob f00A0 G 0. kwo" meseds 99000 MW TH 15 Sao Swiss Rd& So Grade Rd SE PW - 1111 3 44,200 99'200 0,20 C, ct kwovwmg 1mk . 9"M 5th Avenue NW(Maln St ID Kwae St) PM -1201 2 1,1350000 1,135,000 22lM A.re: ft n ;ea MW G. Q 1lirarrwNGOtMb SO400 401100 Wmfi*W$bseAN 4011001 Lynn Road SW PMP -12D2 3 333.450 331450 lotoos fosses Assaweab 234M 23 Q 0. bWrovrwnitbmb' Luvan Ave SW(Lym Rd Win SO PMP -1203 3 256,250 254250 74M 7400 Assawswd0 GQ lnwwwn ntawd. 174.uo 354730 Jeflason Street SE(�ry AmtoFair Ave) . PAP -1301 2 1,035,000 1'035'04' 71"4 MASt1 324301 724MI G. Q brpsosrnwAlloxdr 404701 40410 61WdoydStibAM 2nd Ave SE 8ddge PW -1302 3 150,600 754000 75400 a o. bwwwartawW 3540M 4040x0 44000 MmkodSbbAld 2nd Ave SE(Wain St S to Adana St S) PAP - 1303 2 363,325 363,325 lM0es 104ece Rraawnb 734723 2W14 G. Q bnpsovr�lwgs. 2nd Ave SE (Adams St to Wd0e) PWP -1304 3. 586.800 Mew 117,350 117,731 Ayas�enb 1111430 4x{40 Q Q bgoswmstBOnds gton.Ave) Jefferson St SE (Fait Ave 10 Washington PAP - 1401 2 1,0 31450 f;O 10,3011 71430 Assaam0nb 3KA03 74470 C.0. 4eKo0 4010000 40rNrJpsl3bbAld Dale StSW(Schoci Rd b Century Ave) PAP -4402 3 291500 2 lio 174500 1 n Assawa0b 174701 177410 8301 G. Q Ororonw0M8wd<s Hurt' 155ouM ServkeRd PLV -1403 3 326,900 324400 Wes Aanarab 1311141 10Kt0 19410 G. O, lmpoamrABwMt DaMand Ave SE PAP•1404 3 31,000 31.000 19,000 lzM Asswur0ab 11100 Was ' Wslwiwd Century Ave SE PMP -1501 3 4 3goo f 420000 76400 4400 Aaaaanb 13400 13;00 G.0, bposswsdaw* 40404 40,00 41a0elpd3tsbANf Sth Ave SW PMP -1502 3 0.000 4684M 466Know 6400 ON Assosw wft 0400 400 a a kwavamewaoma 70400 7e400 V~Sbb 5th Ave SE PMP - 750.1 3 1,700;0 /,14,000 o t4Ka0 444010 AssananI WIM 40.110 SL 0. bO vvw" dawrds Pavement Management Van UTL -114 3 400,04 400,000 400,000 44,000 1,600,000 10400 10400 11400 10410 404000 Stomr Wwor00b Pap 4 Department Project# Priority 2011 2012 2013 2014 2015 Total WuhwWWFWW IK M 15t0M 15q M 154 Ma WdWFuad 32.000 15400e 154005 150,00110 IMM s04oa0. Sdwol Rd NW Milne UTL -1101 2 140,000 32.M 1 Ton Dung Tndc PA05 2 140,000 Shm WaM 1100b 32,41110. rMAM EpdpmrNRWkw - OFund retest Wafer Fund 3'ON 32,000 4t0M Park 07 1 0,600 3M Tank SmAq UTL -1103 3 300,000 300,000 Wubw/wFund Replace PRCE MMw Park 10 30400 22,000 204M0. 5th Ave NW 1.1611kas UTL -1202 3 2;M0 620,000 22,M 620,000. G- a enyw.a eaf awda 3 20,000 504000 20,000 EgAwaMReAbMMM Wad $a m WnloahrRew 201M allies zf'w Replace 114 Ton Pickup Park 15 64000 WOWFwrd 20,000 64000 E9nWahrdRap4cwimt.Fmd 601060. Jefferson Sl SE UMes UTL -1301 3 2AMe.. Park Garage It Lot 630.000 5 120,000 630,000. Wnkwa*FWW 120,000' Caplhf Prgaah Fund. 3f40M 120,010 714000 WaOViwd IWO Parking Lot Ova* PARK 5. 31400e NtOM Jedarmn St SE U006es UTL -1401 3 r2b,0M 630 MOW WaabaohrFUnd PARK -23 1 150,00 314eM 15AOW. MUM aiferlind r540M 314000 Outdoor Aquatic Center „�. Century Are SE Utilities UTL - 1501 3 2000.00 Gwwalobasakin Bads 500.000 500,000 zwuw OWN Sal Fields PARK -27 29M 254M Washw/er Raid 1.404000 Gerwd u'kiBr00neaW 1,404000 WgwFdrd 114KRW Rail tine Purchase Debt PARK -28 3. 30,000 254M' 2MAN Sth Ave SWISE UW!Ua IfrL 3 3km 340M 400.000 40ROW WafbwaWFund Parks Total 447,000 3,502,000 30,000 20tOM 204,004 WawAid 200.000 204M Infrastructure Improvements Total 3,705,080 3,244,700 4,2 ;125 3,293,400 4^000. 14734305 Parks f 314 Ton Pickup Park 04 3 32.000 3$WO EoYPmwaWhc+wwaFund 32.M 32.M 1 Ton Dung Tndc PA05 2 32,41110. 32,DW EpdpmrNRWkw - OFund 3'ON 32,000 1 Ton TnrrkwlPlow Park 07 1 32.1100 32.OW Errdpnaa2Rephamaal Fwd 3;M0 3{0N Replace PRCE MMw Park 10 2 22,000 21,000 EgdpmW Rapkaaaal Fwd. 2;M0 22,M 114 Ton Pickup Parktt 3 20,000 20,000 EgAwaMReAbMMM Wad 201M zf'w Replace 114 Ton Pickup Park 15 3 20,000 20,000 E9nWahrdRap4cwimt.Fmd 29,000 2AMe.. Park Garage It Lot PARK - 19 5 120,000 120,000' Caplhf Prgaah Fund. 120,010 IWO Parking Lot Ova* PARK 5. 125,000 1251000 . C4 *W Pm*b Fund r2b,0M 124006 Rahab Park MaM" PARK -23 1 150,00 15AOW. CaprW Wnfach Fwd r540M P00AW Outdoor Aquatic Center PARK -26 3 2,000,000 2000.00 Gwwalobasakin Bads zwuw OWN Sal Fields PARK -27 3 1,400,MB 1.404000 Gerwd u'kiBr00neaW 1,404000 114KRW Rail tine Purchase Debt PARK -28 3. 30,000 30,OW 30,000 30,000 34000 150.000 CapWftfachh Fwd. 3km 340M 34000 340M 34000 15%600' Parks Total 447,000 3,502,000 30,000 30,000 94,000 ---. 41404 Pagr 5 I cl ) Department Project# Priority 2011 2012 2013 2014 2015 Total Poke Spedal Response Vehicle PD-1 1 Equi MN*RCplcmwd Fmd 430,000 Poke SWW VBhi W M21 1 Eq,vOnwfRCpgcasasMA d 04M Forensiclt and w Recording EquOnent PD-22 1 C9AWft*ftA ed 04M Window ReplimireM PD-23 3 C* W ft*Cb.Finad 56,000 Garago-Tmining Fxft PD44 2 C*W R*m Fwd. 54x00 Poke Squad VehWs (LT) PD-3 1 Equi/arNdRCpOwMM fmd MAN UpgoWs ID didense system PD4 1 cvwftq*b PW -10 InleopemW conmunkatiOR system PD-5 1 CAPWPrM*ftFk" PW -15 Poke Squad Vehitls(5 th P00 1 Egu80godRwhirev m.FaW 2"t# NOV bt Repbcemenr PD-7 3 cvwp,*CbFad PW Police Total 60.000 15,000 ISAW 80,000 34000 350000 354000 430,000 iPool & Recreatio Building 60,000 M12 04M 850000 Pod improvemenb PR-13' 04M 56.000 56,000 56,000 56,000 56.000 280,oO0 AM 54x00 54M Skew s4M MAN 20.000 MAWO TrafBelWoveoeds PW -10 Cash 20,OW 24M PW -15 Cash CentwyAve SW 2"t# Cmh 70,000. UtIiL'es Hwy 7 E PW Cub 20,000 WduW Ct NW 24010 Can Monme St SE 2%M 40.000 300,000 Schoul Ut"" PW Cah 40,000 AW PW45 250,000 NM 24,000. 24,000 2dM 24M 30.000 30,OW AOW 90,000 AM 34M 34M JOAN 50,000 so= 50.0m f5O,000 W4M SAM 54M. IWIM 35.000 35,000 34M AM 40.000 40,000 ARM 10,M 271,000 240,000 130,000 30,000 56,000 159,000 Police Total 15,000 14OW 15,000 ISAW 80,000 34000 350000 354000 430,000 iPool & Recreatio Building Roe Unler oft remodel M12 CApAdA*cbF®d 850000 Pod improvemenb PR-13' Caplb PR MOFwd 3 Recreation Cerker Root PR -14 COphafACprcbFund 224M Pool & Reereation Building Total 3 - -� 24000 Public Works Tralk Signal Up"as PW-05 Cab MAWO TrafBelWoveoeds PW -10 Cash 054000 WashrgMAve E PW -15 Cash CentwyAve SW PW-20 Cmh 154000 UtIiL'es Hwy 7 E PW Cub IKM WduW Ct NW PW-W Can Monme St SE PW Cash 300,000 Schoul Ut"" PW Cah Man Linden Area Trunk Storm Sewer PW45 4 I 80,000.. 110" 2 350,000 3xM 15,000 14OW 15,000 ISAW 80,000 34000 350000 354000 430,000 15,000 445000 3 850,000 850000 We" 054000 3 725,000 MOW 224M 22404e 3 255,000. 24000 254000 2900 3 MAWO WOW OSaM 054000 3 1.3RODD 1,3000W 1,704000 t304M 3 154000 150,000 154M IKM 3 350,000 350000 MOW 354000 3 300,000 300.000 304M Man 3. 250.00D 250,000 Page 6 16(� Department Project# Priority 2011 2012 2013 2014 2015 Total Cwh _.__.. _. 234.0" 2540* Bags Pond PW -50 4 700,000 700,000 C4ah 704001 704m0 Water Tower Convtruetbn PW -55 4 750,000 750,000 CA* 75.000 7340* 754p00 New We{ PW-60 4 350,000 =No Cob A 734000 734000 Harmony Ln UOShilon: FW-66 4 40,00D 40,000 Cub 4400 440" WWTF WBR Membranes PW -70 3 200.000. 200,000 Cask 20ROa0 mum RAW WW Screws Rehab PW -75 4 300000 300,000 cab 37,000 185,000 7040/0 309M EQBasWLhw PWAO 4 50,000 50,000 Cu6.. 103,0* Strom SawerSyskm Repels Am 34000 SedovwlayDrOres -WWTF P*85 4 45,000 45,009 Ca1h Slam Wdwu 1F 44M Aw Wa5bANbrTraC10r PW-90 3 150,000 150;906 Gar 154000 134000 Public Works Total 7, „sago 7,,, Senior Dining E"resn parlurg. W04"icap Access Sr Dine 03 4 75.000 75000 Ca00 OMISrapmd A 75Am Senior Dining Total 75AN 15000 Storm Water i Sweet Sweeper Paymanl STWT -01 3 37,000 37,000 37,006 37,000 37,000 185,000 smwrwaarumv 37000 7700 AM 37,00 2700 103,0* Strom SawerSyskm Repels STWT -02 3 20,000. 20.00D 20,000 20.000 20,000 100,000. Slam Wdwu 1F 20,000 Am 2400 2400 ai' m 1040* Storm Water Total 57,000 57,000 51,000 57,ODO 57,000 285000 Streets 1 Wheal Loader P"nind STRT -01 3 37,000 37,000 37,000 37,000 37900 ,85000. EgUOWwrRdFhcemWFWW 370* 77,00 37 1 00 31,00 37,000 70300 Ona-Wn Trck.Rwbmwn STRT -02 2 45,000 45,000 90,000 EpdporMdRWNSanwehmd ISO" ISO" semi Heevy Truck RelrandAalipn STRT -03 2 25.000 25,000 25,000 25,00D TOO,= EpripOnrRplswwdfwd AM 24M 2400 240* 1040* Pickup Replacement STRT-04 3 25,OOD 25.000 50,000 E9V*awWRepb"m✓*Amd 240* 2300 340" Bourn Truck STRT -1101 3 80,000. 80,000 EWWOMWR4pOeaw ItFued 0,00 OAM Streets Tote) 117,000 107,"0 87,000 107,000 87,000 SOAM --- -- Wastewater I Sever Jet -Vac Trck WW-001 2 50,000 50.000 KOOO 50,000. 200000 WaftmbrFud stme sun SAM Skins 200.00 Page 7 I Department Project# Priority 2011 2012_ 2013 2014 2015 Total Lawn Maher _.. WWt101 1 25,000 25,000 Wccaw W Fred 125.006 2400 am Drywd Rehabftbm WW7201 3 30,00 36,OW WcpwM Fmd 24000 34010 3400 W Bulb Rsphmnsnn -Bar* B WW1202. 3. 10,000 10,000 WW,ft~Fred 264006 14000 10,000 W Bub RepharoeNOavk A WW-1301 3 10.000 10,000: Wul wdrFred 350,000 Ma 14M0 WasbWatrr Total W1f04 3 115,000 Wn 50.000 50,00. 275,000 Water RePWWWater DapaMWditap. W-1100 2 25,000 WAWF d 125.006 AM, 123,00 RO Membrane mp6oemeM W -1101 2 125,000. 125:000 Www Rwd 24000 12UN tn,110 MowerSrow Bbwar W -1102 3 644M1 20,000 WW1WFmd 264006 34340 Automated mdu mb*q 4000: W-1103 4 640,0D WAW Free 350,000 6000 RO RepdWaW Swd" SowerConneebon. W1f04 3 200,000 10,000 Wdr Fnd 140M 4110 2KOW WaWrTawer Rehab Park W4202 3 350,000 WaterTawer RetsobW Courm W -1401 3 WwOrF od SeaFOwxlay DOMMYa W -1402 S Waf,Fod 25X0 50,000 2000 M,oM 125.006 37400 123,00 3mm 20,000 24000 Wao0o 644M1 264006 204340 350,000 RMM 350,000 350,000 304101 23410 16.000 10,000 140M 4110 Water Total 990.000 495,000 150,000 380,00 1.995,000 GRANDTOTAL 6,065,00 9,470,700 8,343.18 5,705,400 12,501,000 4 ;201,304 Page 8 I ( �) Mission & History I Coalition of Greater Minnesota Cities Search... search J CGMC Programs a Annexation & Land Use o Lcor is Development o Environment & Energy o Labor& Employee Relations o LGA & Property Tax Relief o Transportation About CGMC • Mission_& History • Members &. Board of Direetors • How to Become a Member • Contact Us CGMC Events u Nov EEE Jan n December 2010 S M T W T F s 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Upcoming Events o February 9, 2011: . 2010 Legislative Action Day &. Reception (4;00 pm) Connect to the Capitol • Capitol Schedules • Legislotivc Television Coverage • State House • State Senate Mission & History Mission Page 1 of 2 CGMC cities are dedicated to a strong Greater Minnesota. Our mission is to develop viable, progressive communities for businesses and families through strong economic growth and good local government. We support fair property taxes, good land use planning, sensible environmental regulation, a balanced transportation system, and effective economic development tools to meet that goal. History For more than 30 years, the CGMC has united Greater Minnesota cities with similar concerns. It brings city officials and legislators together to discuss the issues confronting greater Minnesota 'Through effective lobbying, thorough research, timely communications, and active involvement in the legislative process, the CGMC gives cities an effective voice at the Capitol. „E, • o RT gMN2020: The Juhnke Clips and the Fight for Rural Minnesota http : / /bit.ly /eEzVhZ QllncleAlJuhnke t day axo o RT u'�donreeder: Rochester's snow removal budget wiped out - KTTC Rochester http://www.ktte.com/Global/story asp?S=1371 7045 Nciliesmatter I day ago o Thanks! RT @SteftWeiss: CityFolk Daily http / /bit.Iy /gog7GJ -Top stories today by Qstrongt owns @citiesmattcr (Jgreatemmcitics ock) file: / /C: \Documents and Settings \mstarke \Local Settings \Temporary Internet Files \Conten... 12/23/2010 Mission & History I Coalition of Greater Minnesota Cities Iopalmanagers 2 days ago • J image • White Christmas puts city budgets in the red 12/21/2010 • holiday lights dim to some MN Communities in response to budget cuts 11/30/2010 • Local media shine a light on candidates? L GA positions 10/29/2010 Coalition of Greater Minnesota Cities 02010 All rights reserved Page 2 of 2 1-mrics (RSS) and Comments (RSS) o ( ) file://C: \Documents and Settings \mstarke \Local Settings \Temporary Internet Files \Conten... 12/23/2010 Members & Board of Directors I Coalition of Greater Minnesota Cities Search.,. search J CGMC Programs • Annexation & Land Use • Economic Development • Environment .& Energy • Labor &Employee - Relations • LGA & Property Tax Relief • Iransponation About CGMC • Mission & History • Members & Board of Directors • How to Become a Member • Contact Us CGMC Events a Nov Jan n December 2010 S M I T W T I F S 1 2 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Upcoming Events o February 9,2011: . 2010 Legislative Action. Day & Reception (4:00 pm) Connect to the Capitol • Capitol Schedules • Legislative .'relevis'ion Coverage • Slate liousc • State Senate Members & Board of Directors Member Cities Albert Lea Granite. Falls Plainview Alexandria Hawley Princeton Austin Hibbing Red Wing Babbitt Hinckley Redwood Falls Bagley Iloyt Lakes Renville Bemidji Ilutchinson Rochester Benson International Falls Roseau Brainerd Janesville Rushford Breckenridge La Crescent sleepy Eye Cannon Falls Lake City. St, Charles Cloquet (email) Le Sueur St. James Crookston Litchfield St_ Peter Detroit Lakes Laverne Sartell Dodge Center Mankato staples Fast Grand Forks Marshall Thief River Falls Elbow Ease (email) Melrose Tracy Ely Moorhead Virginia F.veleth Mortis Wadena Faribault Mountain Iron Waite. Park Fergus Falls New Ulm Warren Glencoe North Mankato Warroa_d(emai l) Glenwood (email) Olivia Waseca file: / /C: \Documents and Settings \mstarke \Local Settings \Temporary Internet Files \Conten... Page 1 of 3 � cic�� 12/23/2010 Members & Board of Directors I Coalition of Greater Minnesota Cities GOOdview Ortonville Grand Marais Owatonna Grand Rapids Park Rapids Perham 2010 -2011 CGMC Board of Directors 12 resident Nancy Carroll, Mayor, City of Park Rapids 218.732.3163 nancycarrol I,o charter.net 1 11st Vice President Alan Oberloh, Mayor, City of Worthington 507.372,8600 qual ityautobody §ilfrontiernet.nel 2nd Vice President Bruce Ahlgren, Mayor, City of Cloquet 218.879.3347 hgahIgrenggmaitcom El ecretary Ron Johnson. Councilmember, City of Bemidji 218.3333024 rjuhn son(ti' l akel andply. org Willmar Windom Winona Worthington M rcasurer Scott Hutchins, Community Services Director, City of Moorhead 2 18199 5376 Scott hutchins(i�,ci moorhead.mn us file: / /C: \Documents and Settings \mstarke \Local Settings \Temporary Internet Files \Conten... Page 2 of 3 tb(k� 12/23/2010 Members & Board of Directors I Coalition of Greater Minnesota Cities Page 3 of 3 [l ast President Tim Strand, Mayor, City of SL Peter 507.934.6767 strandtg @hickorytech, net J imapa • � Imepe • RT @&2020'. The Juhnke Clips and the Fight for Rural Minnesota http : //bit,ly /cFzVhZ,, @(Jnc[cA]Juhnke I day ago • RT (uldonreeder: Rochester's snow removal budget wiped out - KTTC Rochester htlp: / /www.kttc.conGlobal/story . asp ^S = 13717045 #citiesmatter 1 day ago • 'thanks! RT tiiSteftWeiss: CityFolk Daily http: /'billy /gog7GJ •Top stories today by Jstrongrowns @citiesmatter @greatermncities f0ilocaimanagers i days ago al Image ___. o White Christmas puts city budgets in the red 12/21/2010 o Holiday lights . dim in some MN com munises in response to budget cuts 11/30/2010 o Local media shine a light on candidates? LGA positions 10129/2010 Coalition of Greater Minnesota Cities 02010 All rights reserved Litt ics (RSS) and Comments (RSS) jb�k -) file: / /C:1Documents and Settingslmstarke\Local SettingslTemporary Internet FileslConten... 12/23/2010 Page 1 of 2 From: Nancy Carroll [nancycarroll @charter.net] Sent: Wednesday, December 22, 2010 8:01 PM To: swcook Subject: Re: Coalition of Greater Mn Cities Membership - City of Hutchinson Questions Steve, Thank you for contacting me about your city's membership in the CGMC. I'm a strong supporter of the Coalition and I think you'll see that in my answers. 1. In light of the budget challenges we are facing why should a city continue its membership in the CGMC? I believe that CGMC provides an invaluable service to outstate cities. Yes, there is a dollar amount associated with membership, but my city believes that the money is very well spent. CGMC staff members are highly competent, dedicated and very hard working. They work at the Capitol everyday during while the legislature is in session. They form relationships with our elected officials and advocate for our issues. I believe that it is through these relationships that our issues gain support. CGMC staff is most effective with legislators whose cities are members of the Coalition. It is much more difficult to get a legislator to care about issues that we are working on if their cities are not members. 2. Doesn't the League advocate for LGA, and if so why is the membership in the Coalition necessary? LMC may advocate for LGA, but not as aggressively as CGMC and not with the specific interests of outstate cities. Also, because of its smaller size, CGMC can act quickly to inform its cities of impacts to changes in the LGA formula and other legislation. 3. Does it really matter if we drop out, because won't the Coalition will still be there advocating for LGA and their other core issues (land use & annexation, economic development, environment & energy)? If cities drop out, the Coalition has less revenue and has to reduce its ability to work on all these issues. A few areas have been scaled back such as transportation, environmental regulation and land use. So, yes, it does matter if you drop out. 4. Why is your city continuing its membership? During the budget process in Park Rapids, we had to prioritize what is best for our city now and in the future. Having a stable and predictable revenue stream is one of our goals. Keeping local property taxes low and affordable is another goal. In the past, Local Government Aid has helped us achieve both of those goals. Because of reduced LGA, our city has had to raise property taxes to maintain our core services. We feel that further reductions to LGA are not sustainable. We cannot be in St. Paul on a daily basis, but we know that CGMC staff will be there and will advocate for LGA on our behalf at the Capitol. Here's another reason why we will continue our membership. Our district has a brand new legislator and we have already met with him and Tim Flaherty. We talked about LGA for almost 2 hours and have made excellent progress in terms of our relationship with our new legislator. We used CGMC information to demonstrate the difference between metro /suburban and rural/outstate cities' abilities to raise revenue. And, we discussed how this difference is somewhat mitigated by LGA. Without LGA, cities would have to greatly increase property taxes which put us at a greater disadvantage for economic development. 5. As President of the Coalition what would you say to a city considering whether or not to remain a member? As President of the Coalition, I would say that membership in CGMC is an investment in the future of your city. The Coalition is focused on issues that particularly affect outstate cities, so it just makes sense to belong to this organization. There is strength in numbers and numbers mean a lot to our legislators. We need to stick together to get our voices heard at the Capitol. I believe that the best way to do this is to continue your membership in the Coalition of Greater Minnesota Cities. Steve, I tried to answer your questions as well as possible, but if I missed the point or if you need additional information, please feel free to contact me at any time. I'll be on the road all day Thursday, Dec. 23 and will IU� tile: / /C: \Documents and Settings \mstarke \Local Settings \Temporary Internet Files \Conten... 12/23/2010 Page 2 of 2 return to Park Rapids late Dec. 29. 1 will check my email while I'm gone and /or you can call me on my cell phone 651 - 253 -5334. 1 sure hope that you and your council decide to continue your membership in the Coalition! Sincerely, Nancy Carroll, Mayor City of Park Rapids President, CGMC - - - -- Original Message - -- From: swcook To: nancycarrol l @ch arter. net Sent: Monday, December 20, 2010 7:16 PM Subject: Coalition of Greater Mn Cities Membership - City of Hutchinson Questions Dear Mayor Carroll, In light of budgetary constraints the Hutchinson City Council is going to be discussing whether or not to remain a member fo the the Coalition of Greater MN Cities in 2011 at its regular council meeting on Tuesday, Dec 28th. Several questions and comments came up at our last meeting. I was wondering if you could share your cities thoughts on these questions, the value your city sees in remaining a member in these difficult times, and any other thoughts you may have on the topic. If you could reply by noon of Thursday, December 23rd that would be most helpful. Thank you, Mayor Steve Cook City of Hutchinson (320) 583 -6282 1. In light of the budget challenges we are facing why should a city continue its membership in the CGMC? 2. Doesn't the League advocate for LGA, and if so why is the membership in the Coalition necessary? 3. Does it really matter if we drop out, because won't the Coalition will still be there advocating for LGA and their other core issues (land use & annexation, economic development, environment & energy)? 4. Why is your city continuing its membership? 5. As President of the Coalition what would you say to a city considering whether or not to remain a member? No virus found in this message. Checked by AVG - www.avg.com Version: 10.0. 1170 / Virus Database: 426/3331 - Release Date: 12/22/10 file: / /C: \Documents and Settings \mstarke \Local Settings \Temporary Internet Files \Conten... 12/23/2010 61 ock) Agenda Item Description: Approve 2011 Coalition of Greater MN CITY COUNCIL ACTION CITY OF Cities membership Date: LAKE CTTY REQUEST FOR El Approved F Denied CITY COUNCIL Attachments: Yes _x_ No El Amended El Tabled ACTION If yes, list: Other - response from CGMC to request for MEETING information DATE: 11 -22 -10 Consent Agenda?: Yes No _ Originating Department: Board/Commission/Comminee Action: Administration Capital Finance Committee requested RCA to approve for the 11/8 meetin Action Requested: Approval of the consent agenda approves 2011 membership in the Coalition of Greater MN Cities at a fee of $1934. Introduction: The Coalition of MN Cities mission statement is as follows: CGMC cities are dedicated to a strong Greater Minnesota. Their mission is to develop viable, progressive communities for businesses and families through strong economic growth and good local government. They support fair property taxes, good land use planning, sensible environmental regulation, a balanced transportation system, and effective economic development tools to meet that goal. The CGMC is offering the City of Lake City a phased -in membership rate as follows: 2011- 50% of the full rate of $3,868 ($1,934); 2012- 75% of the full rate; 2013 would be at full rate. Background /Justification/Key/Legal Issues: For more than 30 years, the CGMC has united Greater Minnesota cities with similar concerns. It brings city officials and legislators together to discuss the issues confronting greater Minnesota. Through effective lobbying, thorough research, timely communications, and active involvement in the legislative process, the CGMC gives cities an effective voice at the Capitol. This membership would be a supplement to our League of MN Cities membership and not a replacement. At the 11/8 Capital Finance meeting, it was asked for the differences between the League of MN Cities and the CGMC. The CGMC response is attached. Budgetary/Fiscal Impact: The 2011 budget would need to include an amount for the additional $1,934. Alternatives: 1. Do not approve. 2. Table action pending further information from staff. Reviewed By: Administration Preparer: City Administrator Ron Johnson Administrator n r Signature: I / - ock) Page 1 of 2 Ron Johnson From: Bradley M Peterson [BMPeterson @flaherty- hood.com] Sent: Tuesday, November 16, 2010 10:38 AM To: Ron Johnson Subject: RE: CGMC Attachments: BDPI_Economic_Development.pdf, CGMC_Labor_Services_Handout.pdf Ron, Thanks for the note. A couple of items to keep in mind and that you should feel free to share with your Mayor and Council... You are indeed right that LMC really does need to balance the interests of cities across the state. Not only do they have to be mindful of the needs of Minneapolis and St Paul (who do receive LGA) but also all the suburban communities some of who receive and support the LGA program and some who wouldn't blink twice if it were gone entirely. As a rule we try to work with those metro communities that do receive LGA to ensure that the formula is fair and that it is truly reflective of the needs of the communities that receive it based on their respective tax bases. That said there is a strong potential that what might happen is that the new legislature will give the program a little shave and will re -write the formula to address what they perceive as the needs out there. In this I would expect that there could be a fight between rural and suburban interests and that frankly is where the CGMC has an advantage. More than any other group we are able to bring deep policy experience and analysis to the table. For instance CGMC members benefitted greatly from some modest formula re- writing that was done in 2008. This is the sort of thing that LMC can't take a specific role in because of all their competing interests. As you know we also work on other issues including environmental regulation, transportation, annexation and land use, and economic development, all from a greater MN perspective. Because of our limited focus on these issues we have really been able to take up needs that the League, because of their general focus has not been able to. For instance on annexation and land use we have really taken the lead, while LMC has played a supporting role. On economic development we helped create, protect, and secure funding for the Greater MN Business Development Infrastructure Grant Program (handout from last session attached). Last session DEED wanted to merge this with another program to the detriment of greater MN. We were able to prevent this merger and secured a healthy amount of funding through the bonding bill. Finally, as you know we do offer a labor and employee relations program that provides solid information and strategy as it relates to labor relations. These services also include reduced rate consulting and legal work from our attorneys, if the city wishes to take advantage of that Information is also attached. Definitely keep me in the loop as your discussions progress. Let me know if there is any other info 1 can provide. Thanks, Bradley From: Ron Johnson [ mailto :RJohnson @cl.lake- city.mn.usJ Sent, Tuesday, November 16, 2010 09:15 AM To: Bradley M Peterson Subject: CGMC Good morning Bradley, The city of Lake City is strongly considering rejoining the CGMC. One question that was asked of me that I would like help from you on, relates to the differences in lobbying efforts by your organization and the 11/16/2010 Page 2 of 2 LMC. I told them to keep in mind when the League lobbies, they also have to keep the interests of St Paul and Mpls in mind. Can you help me expand on this? Any other differences between the League and CGMC that you want to expand on, please do. Thank youl Ron Ron Johnson, ICMA -CM, CIVIC City Administrator City of Lake City 205 W Center St Lake City, MN 55041 Ph-651-345-6813 Fax -651 -345 -3208 Cell- 507 - 358 -3941 web - www.ci.lake- city.mn.us 11/16/2010 10 (�) December 22, 2010 Dear City Council Members, At our last council meeting we set January 26 as the date for the annual joint meeting with the Hutchinson Utilities Commission. However, thinking about it more I realized that the date is one day immediately following the council's review of City Administrator Jeremy Carter, the council review, and our regular scheduled council meeting. Since some information that comes out of the City Administrator review may be helpful or relevant to the HUC meeting I thought it might be better if we moved back the meeting with HUC. I spoke to Jeremy and he thought delaying the meeting made sense. I also spoke to HUC President Dwight Bordson and he was fine with holding the joint meeting in February. If the council agrees that postponing the meeting is beneficial, Dwight asked if we could provide three alternative dates that HUC could consider. Thank you, Mayor Steve Cook PS. If you have anything in particular that you would like to be included on the agenda for the joint meeting, please let either myself or Jeremy know. fob) MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 16, 2010 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:40 p.m. with the following members present: Christie Rock, Chad Czmowski, Dave Johnston and Chairman Lofdahl. Absent: Chris Kovacic, Jim Fahey and Dean Kirchoff Also present: Dan Jochum, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated October 19, 2010. Mr. Czmowski moved to approve the consent agenda as submitted. Seconded by Mr. Johnston. The consent agenda was approved unanimously 4. PUBLIC HEARINGS a) CONSIDERATION OF AMENDING ZONING ORDINANCE SECTION 154.118 ADDING LANGUAGE TO THE FENCE REQUIREMENTS REGARDING FENCE SETBACKS FROM TRAILS Chairman Lofdahl opened the hearing at 5:43 p.m. with the reading of publication #7846 as published in the Hutchinson Leader on November 4, 2010. Mr. Jochum explained the purpose of this amendment is to add language to the fence ordinance that would basically create a two foot setback from the trail to fences, walls, and other similar structures that are not located in a right of way The reason for amending the ordinance is to minimize any potential safety issues that may be caused by having a fence too close to a trail. Mr. Exner explained the width of trails and trail easements. Discussion followed regarding existing fences near trails in the City. Ms. Rock made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 5:50 p.m. Mr. Czmowski made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, the motion carried 3 ayes to 1 nay. Mr. Johnston stated he is opposed to allowing trails in the drainage and utility easement areas. Mr. Exner explained the developer constructed the trail as per the subdivision agreement. He stated the City did not build the trail. Mr. Jochum explained the issue is not about allowing trails in drainage and utility easements but rather what the setback to the trail should be. Chairman Lofdahl stated this item will be placed on the City Council regular agenda at their meeting held November 23, 2010 in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS None 6. OLD BUSINESS L1(C'-) Minutes Planning Commission — November 16, 2010 Page 2 7. COMMUNICATION FROM STAFF a) Mr. Jochum commented on a letter from the League of MN Cities regarding a land use incentive for communities that have a quorum of City Council members, the Planning Commission Chairman and one Planning Commission member and the Planning Director participate in an on -line training. Chairman Lofdahl and Planning Commissioner Dave Johnston stated they would participate. 8. ADJOURNMENT There being no further business the meeting adjourned at 6:05 p.m. uba)