cp01-08-2013City Administrator Performance Review — 4:00 p.m.
AGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
THURSDAY, JANUARY 8, 2013
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — River of Hope
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
5. PUBLIC COMMENTS
6. MINUTES
(a) REGULAR MEETING OF DECEMBER 20, 2012
(b) ORGANIZATIONAL MEETING MINUTES OF JANUARY 2, 2013
Action — Motion to approve as presented
7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise
ave een a egate to t e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 12 -0701 -AN ORDINANCE REVISING SECTION 90.01 —ICE AND SNOW ON
PUBLIC SIDEWALKS AND TRAILS (SECOND READING AND ADOPTION)
(b) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSE FOR EAGLES
AERIE 4441 HUTCHINSON ON APRIL 20. 2013
(c) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
8. PUBLIC HEARINGS — 6:00 P.M. - NONE
9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise policy. A ways looking toward t e uture, not monitoring past)
10. UNFINISHED BUSINESS
11. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 13 -702 - AN ORDINANCE REVISING
CHAPTER 94 — CEMETERIES (WAIVE FIRST READING AND SET SECOND READING AND
ADOPTION FOR JANUARY 22, 2013)
Action — Motion to reject — Motion to approve
(b) RECONSIDERATION OF LUCE LINE STATE TRAIL AGREEMENT WITH MINNESOTA
CITY COUNCIL AGENDA —JANUARY 8, 2013
DEPARTMENT OF NATURAL RESOURCES
Action — Motion to reject — Motion to approve
(c) CONSIDERATION FOR APPROVAL OF LUCE LINE STATE TRAIL AGREEMENT WITH
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
Action — Motion to reject — Motion to approve
12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and
Councie the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) HUTCHINSON UTILITIES COMMISSION MINUTES FROM NOVEMBER 26, NOVEMBER 28, AND
DECEMBER 13, 2012
(b) LIQUOR HUTCH QUARTERLY REPORT FOR OCTOBER — DECEMBER 2012
(c) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM OCTOBER
l6, 2012
13. MISCELLANEOUS
14. ADJOURN
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
THURSDAY, DECEMBER 20, 2012
1, CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Due to the absence of a pastor, the invocation was dispensed.
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY
Jeremy Carter, City Administrator, recognized a gift received from the Burich Foundation in the amount of
$40,000 to refurbish a zamboni.
Motion by Arndt, second by Yost, to recognized $40,000 monetary donation made by the Burich Foundation.
Motion carried unanimously.
5. PUBLIC COMMENTS
6. MINUTES
(a) REGULAR MEETING OF DECEMBER 11, 2012
Motion by Arndt, second by Christensen, to approve the minutes as presented. Motion carried unanimously.
7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise
ave een e egate tot the City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 14084 — A RESOLUTION APPROVING DISPOSAL OF SURPLUS POLICE
DEPARTMENT PROPERTY
2. ORDINANCE NO. 12 -0701 -AN ORDINANCE REVISING SECTION 90.01— ICE AND SNOW ON
PUBLIC SIDEWALKS AND TRAILS (WAIVE FIRST READING AND SET SECOND READING
AND ADOPTION FOR JANUARY 8, 2013)
(b) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 2 —
LETTING NO. 5, PROJECT NO. 12 -06 — TRUNK HWY 15 RETAINING WALL
RECONSTRUCTION
(c) CONSIDERATION FOR APPROVAL OF ITEMS FOR JEFFERSON STREET SE
RECONSTRUCTION PHASE 1 PROJECT (LETTING NO. 1, PROJECT NO. 13 -01) — ORDERING
PREPARATION OF REPORT ON IMPROVEMENT, RECEIVING REPORT AND CALLING
HEARING ON IMPROVEMENT
(d) CONSIDERATION FOR APPROVAL OF ISSUING MASSAGE LICENSE TO BALANCE CENTER
LLC LOCATED AT 200 FRANKLIN STREET SOUTH
6(2)
CITY COUNCIL MINUTES — DECEMBER 20, 2012
(e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 7(a)2 and 7(e) were pulled for separate discussion.
Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of the items noted
above. Motion carried unanimously.
Item 7(a)2 had further discussion. Council Member Yost raised concerns that the citizens living along the
trails have not necessarily been informed on their responsibilities associated with snow removal on the trails.
Kent Exner, City Engineer, noted that on previous projects, it has been communicated to residents that the
sidewalk snow removal requirements are applied to trails as well. However, the City does include trails on
its priority system and will remove snow as permitted. With that said, the snow may not be removed for
several days and the trail is expected to be opened up by homeowners as sidewalks are expected to be.
Carol Van Ort, 930 Ludtke Lane NW, presented before the Council. Ms. Van Ort explained that a trail was
constructed several years ago along her property. Ms. Van Ort noted that at the time it was constructed, she
was assured by the City that the snow would ke removed by City personnel. Now Ms. Van Ort is learning
that it is her responsibility, and snow from 5` Avenue is also pushed onto the trail abutting her property.
Ms. Van Ort stated that she is not in favor of snow removal on trails to be the responsibility of the
homeowner.
Council Member Christensen asked if homeowners know what they are responsible for when it comes to the
amount of snow to remove, especially when it is on the back or side yard.
Kent Exner noted that the ordinance basically treats the trail as a sidewalk with the same snow removal
expectations, which is clearing a four -foot width running adjacent to the owner's property.
Luke Schwanke, 930 Ludtke Lane, presented before the Council. Mr. Schwanke spoke to the revenue
enhancement being provided by the paving of the Luce Line Trail. He asked if the construction of trails
throughout the city is expected to be a revenue enhancer. Mayor Cook noted that the construction of internal
trails are not being driven to attempt to enhance revenue. They are being built as collectors and wellness
benefits. Mr. Schwanke asked that the Council not adopt this ordinance, since he believes the construction
of trails should be bringing in additional revenue based on the approval of the paving of the Luce Line trail.
Motion by Arndt, second by Christensen, to set second reading and adoption of Ordinance No. 12 -0701 for
January 8, 2013. Motion carried unanimously.
Item 7(e) had further discussion. Jeremy Carter, City Administrator, noted that the original check register
had the incorrect tax payment amounts. These amounts were deleted and new checks were issued.
Motion by Czmowski, second by Cook, to approve Item 7(e) with the revised check register. Motion carried
unanimously.
8. PUBLIC HEARINGS— 6:00 P.M. -NONE
9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to craft wise policy. A ways looking towar t e uture, not monitoring past)
10. UNFINISHED BUSINESS
(a) RESOLUTION NO. 14070 — RESOLUTION AMENDING 2013 FEE SCHEDULE PERTAINING TO
LIQUOR LICENSE FEES
Jeremy Carter, City Administrator, noted that at a previous Council meeting, the 2013 fee schedule was
adopted. Part of that discussion included reviewing the fee structure for the temporary liquor license and the
short-term 3.2 malt liquor license fees. The main idea of amending these two fees was to have the temporary
2 c_0 Co)
CITY COUNCIL MINUTES — DECEMBER 20, 2012
liquor license fee be higher than the short-term 3.2 malt liquor license fee due to the increased liability with
liquor.
Mayor Cook suggested keeping the fees as is until the ordinances are reviewed as a whole. Council
Members Czmowski and Christensen expressed they felt a $125 short-term 3.2 malt liquor license can be a
hardship for non - profit organizations.
Motion by Czmowski, second by Cook, to keep these fees as set for 2012 and review them in 2013. Motion
carried unanimously.
11. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14085 — RESOLUTION DETACHING
STRITESKY PROPERTY FROM CITY OF HUTCHINSON
Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the EDA is looking
at selling property that is identified as the Stritesky property. This property is located on the south side of the
Industrial Park. The EDA has been informed that a better offer may come forward if the property is not part
of the City limits and is within the limits of Hassan Valley Township. The purpose of the sale of the
property is to help fund the business incubator project. The EDA has spoken with Hassan Valley Township
and they are in favor of having the property detached.
Motion by Arndt, second by Czmowski, to approve Resolution No. 14085 — a Resolution detaching Stritesky
property from City of Hutchinson. Motion carried unanimously.
(b) CONSIDERATION FOR APPROVAL OF
APPROPRIATING $2 0 000 FOR THE CONSTRUCTION O RESOLUTION
RUC IONN OF THE HUTCHINSONN BUSINE
AP SS
INCUBATOR
Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that the EDA has been
working to establish a small business incubator so as to promote the continued economic development of the
city. As part of that, the EDA has received a grant from the State of Minnesota in the amount of $763,000.
The EDA will be contributing $850,000 to the project and a TIF District is being established which will
contribute another $100,000. The EDA is requesting that the City contribute $250,000 from the City's
Community Improvement Fund to help fund construction of the business incubator. If all goes well, the
project should begin construction in June 2013 with the opening of the business incubator in approximately
December 2013.
Motion by Christensen, second by Czmowski, to approve Resolution No. 14086 — a Resolution appropriating
$250,000 for the construction of the Hutchinson Business Incubator. Motion carried unanimously.
(c) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14069 — A RESOLUTION ADOPTING
THE 2013 COMPENSATION PLAN
Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that the
compensation plan includes a pay grid that reflects the 2.0% annual market adjustment that has been
recommended and incorporated as part of the 2013 budgeting process. This market increase adjusts the pay
grid but does not result in comprehensive across the board market increases for all regular employees. Ms.
Ewing explained that five positions are being recommended for reclassification. These positions include the
Compost Operations Specialist moving from a Grade 3 to a Grade 4; Water Plant Operator moving from a
Grade 3 position to a Grade 4 position; Lead Compost Equipment Operator moving from a Grade 5 position
to a Grade 4 position; Senior Public Works Maintenance Specialist moving from a Grade 4 position to a
Grade 5 position and a title change of Maintenance Lead Operator /Supervisor; and the Environmental
Specialist moving from a Grade 5 position to a Grade 6 position. Ms. Ewing also explained when
performance increases take effect for current and new employees. Ms. Ewing also noted that language had
been added indicating that full time police patrol officers are not eligible for the merit/performance increase,
per the absence of an executed bargaining unit agreement. Ms. Ewing is proposing to amend this
CITY COUNCIL MINUTES— DECEMBER 20, 2012
recommended language to read "application of merit/performance increases for employees appointed to the
position of full time police patrol officer is subject to collective bargaining ".
Council Member Czmowski asked about the pay grid and the grades with no positions currently assigned.
Ms. Ewing explained that there currently are no positions in those grade levels, however they are there to be
used in the event there is a reclassification. By keeping these grade levels incorporated into the pay grid, the
grid would not have to be reconfigured should the grades not be included and then a reclassification occurs.
Motion by Czmowski, second by Cook, to approve Resolution No. 14069 — a Resolution adopting the 2013
compensation plan, with the amended language noted above. Motion carried unanimously.
(d) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14071 — A RESOLUTION ADOPTING
2013 CREEKSIDE FUND BUDGET
Andy Reid, Controller, presented before the Council. Mr. Reid presented the 2013 Creekside budget. This
budget includes an additional $30,000 transfer to the City's general fund and 11 % increase in sales. Total
revenues of $2,367,250 and total expenses of $2,380,513.
Motion by Czmowski, second by Christensen, to approve Resolution No. 14071 — a Resolution adopting the
2013 Creekside fund budget. Motion carried unanimously.
(e) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14072 — A RESOLUTION ADOPTING
2013 REFUSE FUND BUDGET
Andy Reid, Controller, presented before the Council. Mr. Reid presented the 2013 Refuse fund budget.
This budget includes no rate increases for refuse services and a 50% reduction in SCORE funding. Total
revenues of $1,160,150 and total expenses of $1,165,091.
Motion by Arndt, second by Czmowski, to approve Resolution No. 14072 — a Resolution adopting the 2013
Refuse fund budget. Motion carried unanimously.
(i) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14073 — A RESOLUTION ADOPTING
2013 LIQUOR FUND BUDGET
Andy Reid, Controller, presented before the Council. Mr. Reid presented the 2013 Liquor fund budget. This
budget includes an additional $15,000 transfer to the City's general fund and a 4% increase in sales. Total
revenues of $5,428,550 and total expenses of $5,486,122.
Motion by Arndt, second by Yost, to approve Resolution No. 14073 — a Resolution adopting the 2013
Liquor fund budget. Motion carried unanimously.
(g) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14074 — A RESOLUTION ADOPTING
2013 WATER BUDGET
Andy Reid, Controller, presented before the Council. Mr. Reid presented the 2013 Water fund budget. This
budget includes a decrease in workers' compensation expense. Rates remain unchanged and the local sales
tax revenue has increased. Total revenues of $2,892,648 and total expenses of $3,620,621.
Motion by Czmowski, second by Christensen, to approve Resolution No. 14074 — a Resolution adopting the
2013 Water fund budget. Motion carried unanimously.
(h) CONSIDERATION OR APPROVAL OF RESOLUTION NO. 14075 — A RESOLUTION ADOPTING
2013 SEWER BUDGET
Andy Reid, Controller, presented before the Council. Mr. Reid presented the 2013 Sewer fund budget. This
budget includes a decrease in workers' compensation expense as well and rates remain unchanged. Total
revenues of $3,868,148 and total expenses of $5,342,782.
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CITY COUNCIL MINUTES — DECEMBER 20, 2012
Motion by Arndt, second by Cook, to approve Resolution No. 14075 — a Resolution adopting the 2013
Sewer fund budget. Motion carried unanimously.
(i) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14076 — A RESOLUTION ADOPTING
2013 STORM WATER UTILITY BUDGET
Andy Reid, Controller, presented before the Council. Mr. Reid presented the 2013 Storm Water Utility fund
budget. This budget includes an 8% increase in rates. Total revenues of $666,350 and total expenses of
$819,394. This fund will have to use approximately $40,000 in cash reserves.
Motion by Czmowski, second by Yost, to approve Resolution No. 14076 — a Resolution adopting the 2013
Storm Water Utility fund budget. Motion carried unanimously.
Q) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14077 —A RESOLUTION SETTING 2013
FINAL TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON REDEVELOPMENT
AUTHORITY
Andy Reid, Controller, presented before the Council. Mr. Reid presented the 2013 tax levy for the
Hutchinson Housing & Redevelopment Authority. The HRA is requesting a tax levy of $150,000, an
increase of $10,000 from 2012. This is to add more funds to the HRA's loan program. Statute allows the
HRA to levy up to $153,000.
Motion by Arndt, second by Christensen, to approve Resolution No. 14077 — a Resolution adopting the
2013 final tax levy for special taxing district Hutchinson Redevelopment Authority. Motion carried
unanimously.
(k) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14078 —A RESOLUTION SETTING 2013
FINAL TAX LEVY FOR SPECIAL TAXING DISTRICT HUTCHINSON ECONOMIC DEVELOPMENT
AUTHORITY
Andy Reid, Controller, presented before the Council. Mr. Reid presented the 2013 tax levy for the
Hutchinson Economic Development Authority. The EDA is requesting a tax levy of $150,218, which is
their statutory maximum.
Motion by Arndt, second by Czmowski, to approve Resolution No. 14078 — a Resolution adopting the 2013
final tax levy for special taxing district Hutchinson Economic Development Authority. Motion carried
unanimously.
(1) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14079 — A RESOLUTION ADOPTING
THE GENERAL FUND BUDGET FOR FISCAL YEAR 2013
Andy Reid, Controller, presented before the Council. Mr. Reid presented the 2013 general fund budget.
This is the same budget presented earlier and at the truth in taxation hearing. Revenues and expenses are
balanced at $10,489,688.
Motion by Christensen, second by Arndt, to approve Resolution No. 14079 — a Resolution adopting the
2013 General Fund budget. Motion carried unanimously.
(m) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14080 —A RESOLUTION SETTING 2013
CITY OF HUTCHINSON TAX LEVY
Andy Reid, Controller, presented before the Council. Mr. Reid presented the 2013 City of Hutchinson tax
levy. The levy amount is proposed at $4,479,446 for the general fund and $1,974,778 for the debt levy with
a total of $6,454,224 which is the same as 2012.
Motion by Czmowski, second by Yost, to approve Resolution No. 14080 — a Resolution setting the 2013
to &j
CITY COUNCIL MINUTES— DECEMBER 20, 2012
City of Hutchinson tax levy. Motion carried unanimously.
(n) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14081 — A RESOLUTION
TRANSFERRING FROM WATER, WASTEWATER, STORMWATER, AIRPORT CONSTRUCTION
TO 2012 IMPROVEMENT BOND CONSTRUCTION FUND AND 2012 IMPROVEMENT BOND
CONSTRUCTION FUND TO GENERAL FUND AND CAPITAL PROJECTS FUND FOR
ENGINEERING AND ADMINISTRATION FEES
Jeremy Carter, City Administrator, presented before the Council. Mr. Carter presented Resolution No.
14801 which is a Resolution authorizing transfer of funds based on bond proceeds from improvement
projects. Therefore, this Resolution is authorizing transferring of funds from various funds to the 2012
construction fund and then from the 2012 construction fund to the general funds for various engineering and
administration fees.
Motion by Czmowski, second by Yost, to approve Resolution No. 14081 —a Resolution transferring funds.
Motion carried unanimously.
(o) CONSIDERATION FOR APPROVAL OF ADOPTING FIVE -YEAR CAPITAL IMPROVEMENT PLAN
Jeremy Carter, City Administrator, presented before the Council. Mr. Carter presented the five -year capital
improvement plan. This plan is required by law that the City must have on file. This plan outlines future
projects and equipment funding. The plan is a fluid document and can be adjusted as needed.
Council Member Yost questioned the fact that there are $0 included in the plan for technology. Mr. Carter
explained that funds are planned for server replacements and software licenses, however they are in
operating funds and not included in the capital improvement plan. Other technology equipment is also
shared amongst departments and not necessarily from the technology department.
Motion by Czmowski, second by Yost, to approve Resolution No. 14081 — a Resolution adopting the five -
year capital improvement plan. Motion carried unanimously.
12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and
Council a nage the logistics of the Council. May include monitoring reports, policy development and governance
process items)
(a) CITY OF HUTCHINSON FINANCIAL REPORTS FOR NOVEMBER 2012
(b) CITY OF HUTCHINSON INVESTMENT REPORT FOR NOVEMBER 2012
13, MISCELLANEOUS
Council Member Arndt reminded snowmobilers of proper driving conduct within City limits.
Kent Exner — Mr. Exner explained that Jefferson Street Phase 1 (Washington to Oakland) project will have a
neighborhood open house on January 9, 2013, at 5:30 p.m.
All Council Members and staff thanked Council Member Yost on his term as Council Member and wished
him well in the future.
14. ADJOURN
Motion by Yost, second by Arndt, to adjourn at 7:20 p.m.
9
MINUTES
HUTCHINSON CITY COUNCIL
SPECIAL ORGANIZATIONAL MEETING
WEDNESDAY, JANUARY 2,2013,9:00 A.M.
INSTALLATION OF NEWLY ELECTED CITY COUNCIL MEMBERS:
♦ MAYOR STEVEN W. COOK
♦ COUNCIL MEMBER GARY T. FORCIER
♦ COUNCIL MEMBER CHAD CZMOWSKI
2. CALL TO ORDER — 9:00 A.M.
3. CONSENT AGENDA
(a) RESOLUTIONS
I. RESOLUTION NO. 14089 — APPOINTING JEREMY CARTER AS CITY
ADMINISTRATOR FOR 2013
2. RESOLUTION NO. 14090 — DESIGNATING OFFICIAL NEWSPAPER AS
HUTCHINSON LEADER
3. RESOLUTION NO. 14091 — RESOLUTION DESIGNATING DEPOSITORIES OF CITY
FUNDS IN COMMERCIAL BANKS AND INSTITUTIONS
4. RESOLUTION NO. 14092 — RESOLUTION APPROVING SECURITIES FOR
COLLATERAL FROM CITIZENS BANK AND TRUST CO. OF HUTCHINSON,
MINNESOTA
(b) CONSIDERATION OF 2013 CITY CALENDAR
(c) APPOINTMENTS TO BOARDS /COMMISSIONS
- JEREMY CARTER TO SOLID WASTE COMMITTEE
- BETSY CZMOWSKI TO THE PARKS, RECREATION AND COMMUNITY
EDUCATION BOARD TO AUGUST 2015
(d) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 3(a)4 and 3(c) were pulled for separate discussion. Motion by Arndt, second by
Christensen, to approve consent agenda with the exception of the items noted above. Motion
carried unanimously.
Item 3(a)4 had further discussion. Jeremy Carter noted a revised Resolution had been distributed
that now includes the federal reserve collateral.
Motion by Arndt, second by Czmowski, to approve Item 3(a)4. Motion carried unanimously.
Item 3(c) was pulled for separate discussion. Council Member Czmowski noted that Betsy
Czmowski is his wife, therefore he would like to abstain from voting on the appointment of Betsy
to the Parks, Recreation, Community Education Board.
Motion by Christensen, second by Cook, with Czmowski abstaining, to approve Item 3(c).
Motion carried unanimously.
4. OLD BUSINESS
5. NEW BUSINESS
(a) SELECTION OF COUNCIL'S VICE PRESIDENT — Bill Arndt
Organizational Meeting Minutes — January 2, 2013
(b) DESIGNATION OF COUNCIL REPRESENTATIVES TO BOARDS & COMMISSIONS:
1. AIRPORT COMMISSION — Steve Cook
2. CREEKSIDEADVISORYBOARD — Gary Forcier
3. HUTCHINSON COMMUNITY DEVELOPMENT CORP. BOARD (EDA) — Chad
Czmowski and Mary Christensen
4. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY (HRA) — Gary
Forcier
6. JOINT PLANNING BOARD — Bill Arndt
7. LIBRARY BOARD — Mary Christensen
5. MID - MINNESOTA COMMISSION — Bill Arndt
6. PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD —Mary
Christensen
7. PLANNING COMMISSION — BillArndt
8. PUBLIC ARTS COMMISSION — Mary Christensen
9. TREE BOARD — Steve Cook
(c) DESIGNATION OF COUNCIL REPRESENTATIVES TO OTHER COMMITTEES:
I. HUTCHINSON DOWNTOWN ASSOCIATION — Chad Czmowski
2. FIRE RELIEF ASSOCIATION — Fire Chief Brad Emans, City Administrator Jeremy
Carter, Mayor Steve Cook
3. RESOURCE ALLOCATION COMMITTEE — Mary Christensen and Steve Cook
4. WAGE COMMITTEE — Chad Czmowski and Gary Forcier
5. CITY - SCHOOL DISTRICT JOINT PLANNING COMMITTEE — Chad Czmowski and
Steve Cook
6. RADIO BOARD — Steve Cook
7. SOLID WASTE COMMITTEE — Bill Arndt
Motion by Czmowski, second by Arndt, to ratify Mayor's appointments. Motion carried
unanimously.
(d) OVERVIEW OF OPEN MEETING LAW, CONFLICT OF INTEREST, AND DATA
PRACTICES — CITY ATTORNEY, MARC SEBORA
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora first provided an overview
on the open meeting law. The key points Mr. Sebora made regarding the open meeting law
included the purpose of the law, the definition and types of meetings, and notice requirements.
Secondly, Mr. Sebora provided an overview on conflicts of interest for Council Members. These
key points include the ethical responsibility of board members, and various types of contract and
non - contract situations. Lastly, Mr. Sebora touched on data practices. Mr. Sebora explained that,
for the most part, governmental data is public data. There are times when data is private or
confidential and those data types are listed in the law. Mr. Sebora also spoke briefly about email
communication and the fact that that communication is public data. �, / ( \
Organizational Meeting Minutes — January 2, 2013
(e) CONSIDERATION FOR APPROVAL OF WATER TOWER EASEMENT AMENDMENT
WITH RIDGEWATER COLLEGE
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that a water tower
is located off of Century Avenue on Ridgewater College property. Due to additional accessory
uses becoming more prevalent on water towers, such as telecommunications purposes, a revised
easement agreement has been developed. The proposed easement agreement allows the City to
continue to operate and maintain the Century Avenue water tower for water storage purposes. It
also clarifies that it can be used for third party and City telecommunication needs, such as the
Armer system. Another concern that is being addressed in the agreement is the establishment of a
clear list of the appropriate contacts when future modifications are done to the tower.
Motion by Arndt, second by Czmowski, to approve water tower easement amendment with
Ridgewater College. Motion carried unanimously.
(f) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR JANUARY
9, 2013, AT 3:00 P.M. TO DISCUSS THE "BICYCLE FRIENDLY COMMUNITY"
PROGRAM /DESIGNATION
Motion by Christensen, second by Arndt, to set Council workshop for January 9, 2013, at 3:00
p.m. at City Center to discuss the "Bicycle Friendly Community' program/designation. Motion
carried unanimously.
5. ADJOURNMENT
Motion by Arndt, second by Cook, to adjourn at 9:45 a.m. Motion carried unanimously.
('c6)
Ordinance No. 12 -0701
AN ORDINANCE AMENDING SECTION 90.01 OF THE HUTCHINSON CITY CODE PERTAINING TO SNOW
REMOVAL FROM SIDEWALKS TO INCLUDE SNOW REMOVAL FROM TRAILS
Be it ordained by the City Council of the City of Hutchinson that Section 90.01 of the Hutchinson City
Code is hereby amended as follows:
§ 90.01 ICE AND SNOW ON PUBLIC SIDEWALKS AND TRAILS.
(A) Ice and snow a nuisance. All snow and ice remaining upon public sidewalks and trails is hereby
declared to constitute a public nuisance and shall be abated by the owner or tenant of the abutting
private property within 24 hours after the snow or ice has ceased to be deposited. The owner or tenant
shall provide a minimum four (4) feet of clearance on the sidewalk or trail adjacent to their property.
(B) City to remove snow and ice, property owner to be billed. The city may cause to be removed
from all public sidewalks and trails, beginning 24 hours after snow or ice has ceased to fall, all snow or
ice which may be discovered thereon, and it shall keep a record of the cost of that removal and the
private property adjacent to which accumulations were found and removed. The owner of the property
from which the accumulations were removed shall be invoiced for payment of those services in the
same manner of all city invoices for services.
(C) Cost of removal to be assessed. Should the bill for removal services remain unpaid, the City
Administrator shall, upon direction of the Council, and on receipt of the information provided for in the
preceding division, extend the cost of the removal of snow or ice as a special assessment against the lots
or parcel of ground abutting on walks which were cleared, and these special assessments shall at the
time of certifying taxes to the County Auditor be certified for collection as other special assessments are
certified and collected.
(D) Civil suit for cost of removal. The City Administrator shall, in the alternative, upon direction of
the Council, bring suit in a court of competent jurisdiction to recover from the persons owning land
adjacent to which sidewalks and trails were cleared, as provided in division (B) hereof, the cost of the
clearing and the cost and disbursement of a civil action therefor.
(E) City Administrator to report sidewalks cleared. The City Administrator shall present to the
Council at its first meeting after snow or ice has been cleared from the sidewalks as provided in division
(B) hereof the report of the city thereon, and shall request the Council to determine by resolution the
manner of collection to be used as provided in divisions (C) or (D) of this section.
Adopted by the City Council this 8" day of January, 2013.
Attest:
Jeremy J. Carter, City Administrator Steven W. Cook, Mayor
`1 LD-)
)Q
III Hassan Street Southeast
Hutchinson, MN 55350
(320) 587 -515 t Fax: (320) 2344240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655
and Minnesota Statutes Chapter 349
All applications must be received at least 30 days before event in order to be considered
Application Type
AShort Term Date(s) t 4l - q -,)C,
j.S Fee: $30.00
MOnth/D IYear MonthlDaylYe
ar
Or anization Information
1 c FS
ACww- t 4yq !
Name
Phone Number
Address here regular meeting are held
City
— State - zip
Day and time of meetings? Q t`i7i �- I-in, \J-1 (�
G4)e -'- (AA
'I Q IVY
y
Is this organization organized under the laws of the State of Minnesota? yes ❑
no
How long has the organization been in existence? How may members in the
organization? y
What is the purpose of the organization?
In whose custody will organization records be kept?
nCAC � `1
���—
Na he
Phone Number
}
\% 5
Address
city
State zip
8 Duly Authorized Officer of the Organization Information
True Name Phone Number
Residence Address City State zip
Date of Birth: / Ly > Place of Birth:�-A( QY\
11onth/day /year City State
Have you ever been convicted of any crime other than a traffic
offense? ❑ ves Vno
If yes, explain:
q b�
Ciry of Hutchinson
Application for Gambling Devices License
Page 2 of 3
Designated Gambling Mana er (Qualified under Minnesota Statute §329)
True Name Phone Number
I /!��..,. \ ��\
t (2 \� \N\ CV"`t- F"n r'�G �� ���� \VaAN�`S.,'` v ; \0
Residence Address City State
zip
Date of Birth: L\ / k-4—/ �' � Place of Birth: 'VC.' 4 \���F:^
�1
MontWday /year City
State
Have you ever been convicted of any crime other than a traffic offense? ❑ yes 1Xn0
If yes, explain:
How long have you been a member of the organization?
Game Information
Location #1 `
Name of location where game will be played Phone Number
Address of locair n 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 (jp'1R,j To jM
Maximum number of player: —) o j A r 0( 5
Will prizes be paid in money or merchandise? Arroney ❑ merchandise
Will refreshments be served during the time the gambling devices will be used? yes ❑ no
If yes, will a char e be made for such refreshments? ' es ❑ no
Game Information
Location #2
Name of location where game will be played Phone Number
Address of location where game will be played City State zip
Date(s) and /or day(s) gambling devices will be used: through
A 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
Y) (b)
City of Hutchinson
Application for Gambling Devices License
Page 3 of 3
Officers of the Organization (if necessary, list additional names on se arate sheet
N ]me
Title
111\
Residence Address
' � 1
City
7 d c C <S
State
x;ryr
Zip
C� Name
\
Title
Residence Address
City
State
Zip
Athme
`C�j
\VJ- y-C)aCN
\ \
yTitle
\
Residence Address
city
State
Zi
Officers or Other Persons Paid for Services Information (i necessa ry, list additional names on separate sheet)
Name
Title
Residence Address
City
State
Zip
Name
Title
Residence Address
City
State
Zip
Name
Title
Residence Address
City
State
Zip
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all
laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of
Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)?
Gambling Manager ,yes ❑ no Authorized Officer [,yes ❑ no
Initial Initial
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson
to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City
Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof.
Signature of authorized officer of organization
�'Cok L,
Signature ofgambling manager of organization
City Council ❑ approved ❑ denied Notes:
Date
Date
I
CITY OF HUTCHINSON
R55CKREG LOG22001VO Council Check Register 1/3/2013
1/3- 1/8/2013
Account Description
LODGING TAX
OPERATING SUPPLIES
DATA PROC EQUIPMENT RENTAL
CONTRACT REPAIR & MAINTENANCE
COST OF MIX & SOFT DRINKS
OPERATING SUPPLIES
COMMUNICATIONS
DUES & SUBSCRIPTIONS
CONTRACT REPAIR & MAINTENANCE
DUES & SUBSCRIPTIONS
COST OF MIX & SOFT DRINKS
EQUIPMENT PARTS
GENL LIAB.- INSURANCE
CENTRAL GARAGE REPAIR
OTHER CONTRACTUAL
RECEIVED NOT VOUCHERED
TRAVEL SCHOOL CONFERENCE
RECEIVED NOT VOUCHERED
TRAVEL SCHOOL CONFERENCE
COST OF MIX & SOFT DRINKS
COMMUNICATION MAINTENANCE
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
COST OF MIX & SOFT DRINKS
OFFICE SUPPLIES
COST OF SALES -BEER
EQUIPMENT PARTS
COST OF SALES -WINE
CONTRACT REPAIR & MAINTENANCE
Check #
Ck Date
Amount
Vendor/ Explanation
173847
1/8/2013
110.40
7 HI BUDGET MOTEL
173848
1/8/2013
1,074.81
ACE HARDWARE
173849
1/8/2013
1,596.66
ACTIVE NETWORK INC
173850
1/8/2013
536.92
AEM MECHANICAL SERVICES, INC
173851
1/8/2013
162.80
AMERICAN BOTTLING CO
173852
1/8/2013
350.00
AMERICAN LEGAL PUBLISHING CORP
173853
1/8/2013
6.55
AMERICAN MESSAGING
173854
1/8/2013
74.00
AMERICAN WATER WORKS ASSN
173855
1/8/2013
68.77
AMERIPRIDE SERVICES
173856
1/8/2013
690.00
APWA
173857
1/8/2013
246.96
ARCTIC GLACIER PREMIUM ICE INC
173858
1/8/2013
260.35
ARROW TERMINAL LLC
173859
1/8/2013
3,218.75
ARTHUR J GALLAGHER RISK
173860
1/8/2013
162.70
AUTO VALUE - GLENCOE
173861
1/8/2013
2,000.00
AUTOMATIC SYSTEMS CO
173862
1/8/2013
308.10
B. W. WELDING
173863
1/8/2013
50.00
BAHE, MICHAEL
173864
1/8/2013
2,078.00
BARN YARD, THE
173865
1/8/2013
440.00
BCA /TRAINING & DEVELOPMENT
173866
1/8/2013
155.00
BERNICK'S
173867
1/8/2013
3,450.75
BLUE EARTH COUNTY SHERIFF
173868
1/8/2013
1,240.00
BOLTON & MENK INC.
173869
1/8/2013
3,169.50
BRAUN INTERTEC CORP
173870
1/8/2013
29.76
BUFFALO CREEK ENTERPRISES
173871
1/8/2013
2,109.29
BUSINESSWARE SOLUTIONS
173872
1/8/2013
25,143.10
C & L DISTRIBUTING
173873
1/8/2013
143.64
CALIFORNIA CONTRACTORS SUPPLIE
r�
173874
1/8/2013
120.00
CARLOS CREEK WINERY
173875
1/8/2013
65.00
CARSON PATROL SHOP LLC
Account Description
LODGING TAX
OPERATING SUPPLIES
DATA PROC EQUIPMENT RENTAL
CONTRACT REPAIR & MAINTENANCE
COST OF MIX & SOFT DRINKS
OPERATING SUPPLIES
COMMUNICATIONS
DUES & SUBSCRIPTIONS
CONTRACT REPAIR & MAINTENANCE
DUES & SUBSCRIPTIONS
COST OF MIX & SOFT DRINKS
EQUIPMENT PARTS
GENL LIAB.- INSURANCE
CENTRAL GARAGE REPAIR
OTHER CONTRACTUAL
RECEIVED NOT VOUCHERED
TRAVEL SCHOOL CONFERENCE
RECEIVED NOT VOUCHERED
TRAVEL SCHOOL CONFERENCE
COST OF MIX & SOFT DRINKS
COMMUNICATION MAINTENANCE
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
COST OF MIX & SOFT DRINKS
OFFICE SUPPLIES
COST OF SALES -BEER
EQUIPMENT PARTS
COST OF SALES -WINE
CONTRACT REPAIR & MAINTENANCE
173876
1/8/2013
286.61 CARTER, RANDY
CENTRAL GARAGE REPAIR
173877
1/8/2013
199.32 CENTRAL HYDRAULICS
CENTRAL GARAGE REPAIR
173878
1/8/2013
10,553.22 CHEMISOLV CORP
CHEMICALS & PRODUCTS
173879
1/8/2013
25.00 CMK SERVICES LLC
SNOW REMOVAL
173880
1/8/2013
414.74 COMDATA CORPORATION
MEETINGS
173881
1/8/2013
1,717.94 CRAIG, MIKE
TRAVEL SCHOOL CONFERENCE
173882
1/8/2013
412.12 CROUSE -HINDS
OPERATING SUPPLIES
173883
1/8/2013
580.48 CROW RIVER AUTO & TRUCK REPAIR
AUTOMOTIVE REPAIR
173884
1/8/2013
94.87 CULVER'S OF HUTCHINSON
TRAVEL SCHOOL CONFERENCE
173885
1/8/2013
5,941.91 CUMMINS NPOWER, LLC
CONTRACT REPAIR & MAINTENANCE
173886
1/8/2013
7,807.95 DAY DISTRIBUTING
COST OF SALES -BEER
173887
1/8/2013
83,761.12 DIRECT PLASTICS GROUP
RECEIVED NOT VOUCHERED
173888
1/8/2013
75.26 DOMINO'S PIZZA
RECEIVED NOT VOUCHERED
173889
1/8/2013
3,660.88 DPC INDUSTRIES INC
CHEMICALS & PRODUCTS
173890
1/8/2013
1,125.16 DROP -N -GO SHIPPING, INC
PRINTING & PUBLISHING
173891
1/8/2013
675.89 E2 ELECTRICAL SERVICES INC
CONTRACT REPAIR & MAINTENANCE
173892
1/8/2013
250.00 EDAM
DUES & SUBSCRIPTIONS
173893
1/8/2013
1,018.94 ELECTRO WATCHMAN
OTHER CONTRACTUAL
173894
1/8/2013
37.63 EXNER, KENT
TRAVEL SCHOOL CONFERENCE
173895
1/8/2013
67.00 EXTREME BEVERAGE LLC
COST OF MIX & SOFT DRINKS
173896
1/8/2013
1,200.00 FACILITY DUDE
DUES & SUBSCRIPTIONS
173897
1/8/2013
253.34 FARM -RITE EQUIPMENT
CENTRAL GARAGE REPAIR
173898
1/8/2013
10.90 FASTENAL COMPANY
RECEIVED NOT VOUCHERED
173899
1/8/2013
22.50 FIRE SAFETY USA, INC
OPERATING SUPPLIES
173900
1/8/2013
252.60 FIRST CHOICE FOOD & BEVERAGE S
OFFICE SUPPLIES
173901
1/8/2013
173.75 G & K SERVICES
OPERATING SUPPLIES
173902
1/8/2013
885.96 GARTNER REFRIGERATION & MFG, I
REPAIR & MAINTENANCE SUPPLIES
173903
1/8/2013
3,200.01 GAVIN, OLSON & WINTERS, LTD
PROFESSIONAL SERVICES
173904
1/8/2013
187.50 GOVDEALS INC
MISCELLANEOUS
173905
1/8/2013
85.90 HAGER JEWELRY INC.
MISCELLANEOUS
173906
1/8/2013
1,032.00 HALDEMAN HOMME /ANDERSON LAC
OTHER CONTRACTUAL
173907
1/8/2013
574.25 HANSEN TRUCK SERVICE
CENTRAL GARAGE REPAIR
(� 173908
1/8/2013
28.02 HED, MARILYN
OFFICE SUPPLIES
173909
1/8/2013
378.31 HENRY'S WATERWORKS INC
REPAIR & MAINTENANCE SUPPLIES
173910
1/8/2013
1,940.68 HEWLETT-PACKARD CO
SMALLTOOLS
173911
1/8/2013
119.85 HIGHWAY TECHNOLOGIES
TRAVEL SCHOOL CONFERENCE
173912
1/8/2013
38.81 HILLYARD / HUTCHINSON
CLEANING SUPPLIES
173913
1/8/2013
5,326.40 HJERPE CONTRACTING
CONTRACT REPAIR & MAINTENANCE
173914
1/8/2013
4,397.00 HJERPE CONTRACTING
CONTRACT REPAIR & MAINTENANCE
173915
1/8/2013
2,988.50 HJERPE CONTRACTING
CONTRACT REPAIR & MAINTENANCE
173916
1/8/2013
391.10 HOLT MOTORS INC
EQUIPMENT PARTS
173917
1/8/2013
7.37 HRA
DUE FROM HRA
173918
1/8/2013
177.60 HUTCH CAFE
OPERATING SUPPLIES
173919
1/8/2013
1,682.00 HUTCHINSON AREA HEALTH CARE
COMMON AREA MAINTENANCE
173920
1/8/2013
4,861.54 HUTCHINSON CONVENTION & VISITO
LODGING TAX REIMBURSEMENT
173921
1/8/2013
7,099.00 HUTCHINSON UTILITIES
DUE FROM UTILITIES
173922
1/8/2013
820.21 HUTCHINSON WHOLESALE
EQUIPMENT PARTS
173923
1/8/2013
918.43 HUTCHINSON, CITY OF
UTILITIES
173924
1/8/2013
4,000.00 HUTCHINSON, CITY OF
MISCELLANEOUS
173925
1/8/2013
282.83 INTEGRATED FIRE & SECURITY
CONTRACT REPAIR & MAINTENANCE
173926
1/8/2013
606.63 INTEGRATED POWER SERVICES LLC
CONTRACT REPAIR & MAINTENANCE
173927
1/8/2013
215.67 INTERSTATE BATTERY SYSTEM MINN
EQUIPMENT PARTS
173928
1/8/2013
1.64 IOWA DEPT OF AGRICULTURE
DUES & SUBSCRIPTIONS
173929
1/8/2013
308.88 JEFF MEEHAN SALES INC.
ADVERTISING
173930
1/8/2013
1,479.80 JEFF MEEHAN SALES INC.
ACCRUED COMMISSIONS PAYABLE
173931
1/8/2013
10,000.00 JERGENS, ANGELA
LOAN
173932
1/8/2013
840.90 A TAYLOR DIST OF MN
COST OF SALES -BEER
173933
1/8/2013
13,077.18 JOHNSON BROTHERS LIQUOR CO.
COST OF SALES -WINE
173934
1/8/2013
57.50 KLOSS, TOM
COMMUNICATIONS
173935
1/8/2013
47.70 KOSEK, ANDREW
TRAVEL SCHOOL CONFERENCE
173936
1/8/2013
574.77 L & P SUPPLY CO
CONTRACT REPAIR & MAINTENANCE
173937
1/8/2013
68.98 LAMPLIGHTER II
TRAVEL SCHOOL CONFERENCE
173938
1/8/2013
309.02 LARSON, JASON
TRAVEL SCHOOL CONFERENCE
173939
1/8/2013
1,503.48 LEAGUE OF MN CITIES -INS TRUST
INSURANCE - DEDUCTIBLE COST
173940
1/8/2013
51,674.50 LEAGUE OF MN CITIES -INS TRUST
GENL LIAB.- INSURANCE
(�
173941
173942
1/8/2013
1/8/2013
139.00 LEXISNEXIS
76.00 LIEN, MIKE
OTHER CONTRACTUAL
UNIFORMS & PERSONAL EQUIP
173943
1/8/2013
13,962.03 LOCHER BROTHERS INC
COST OF SALES -BEER
173944
173945
173946
173947
173948
173949
173950
173951
173952
173953
173954
173955
173956
173957
173958
173959
173960
173961
173962
173963
173964
173965
173966
173967
173968
173969
173970
173971
173972
173973
173974
173975
173976
173977
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
1/8/2013
74,848.78 LOGIS
150.00 MADINA HOSPITALITY GROUP LLC
1,700.00 MASA CONSULTING INC
49.00 MCGRAW -HILL CONSTRUCTION
111.10 MCLEOD COOP POWER ASSN
37.74 MEHR, BRIAN
239.10 MENARDS HUTCHINSON
50.40 MINNEAPOLIS, CITY OF
150.00 MINNESOTA COUNCIL OF AIRPORTS
755.98 MINNESOTA DEPT OFTRANSPORTATI
796.10 MINNESOTA NURSERY & LANDSCAPE
447.63 MINNESOTA PETROLEUM SERVICE
222.00 MINNESOTA STATE FIRE CHIEFS AS
200.00 MINNESOTA STATE HORTICULTURAL
396.75 MINNESOTA VALLEY TESTING LAB
80.16 MODERN TOWING
1,418.83 MOTION INDUSTRIES INC
220.75 M -R SIGN
254.48 NEOPOST GREAT PLAINS
142.49 NORTH CENTRAL LABORATORIES
81.52 NORTHERN STATES SUPPLY INC
1.10 NORTON, BRUCE
92.22 OFFICE DEPOT
98.57 OFFICE OF ENTERPRISE TECHNOLOG
88.23 OIL -AIR PRODUCTS LLC
125.00 OLSON, JOHN
125.00 OLSON, JOSH
105.00 OLSON'S LOCKSMITH
156.73 O'REILLY AUTO PARTS
116.60 PAULSON, JOHN
3,991.80 PHILLIPS WINE & SPIRITS
1,500.00 POSTMASTER
1,467.39 PRO CARE SERVICES INC
PROFESSIONAL SERVICES
MEETINGS
TRAVEL SCHOOL CONFERENCE
DUES & SUBSCRIPTIONS
UTILITIES
TRAVEL SCHOOL CONFERENCE
OPERATING SUPPLIES
OTHER CONTRACTUAL
DUES & SUBSCRIPTIONS
PROFESSIONAL SERVICES
RECEIVED NOT VOUCHERED
CONTRACT REPAIR & MAINTENANCE
DUES & SUBSCRIPTIONS
DUES & SUBSCRIPTIONS
OTHER CONTRACTUAL
PROFESSIONAL SERVICES
RECEIVED NOT VOUCHERED
SIGNS & STRIPPING MATERIALS
OFFICE SUPPLIES
COST OF SALES-WINE
CHEMICALS & PRODUCTS
EQUIPMENT PARTS
REFUNDS & REIMBURSEMENTS
OFFICE SUPPLIES
COMMUNICATIONS
EQUIPMENT PARTS
UNIFORMS & PERSONAL EQUIP
UNIFORMS & PERSONAL EQUIP
CONTRACT REPAIR & MAINTENANCE
CENTRAL GARAGE REPAIR
TRAVEL SCHOOL CONFERENCE
COST OF MIX & SOFT DRINKS
POSTAGE
CONTRACT REPAIR & MAINTENANCE
173978
1/8/2013
178.69 QUADE ELECTRIC
REPAIR & MAINTENANCE SUPPLIES
173979
1/8/2013
187.41 QUILL CORP
OFFICE SUPPLIES
173980
1/8/2013
702.15 R.J.L. TRANSFER
FREIGHT
173981
1/8/2013
1,023.75 RANGER
EQUIPMENT PARTS
173982
1/8/2013
1,022.36 RDO EQUIPMENT CO.
EQUIPMENT PARTS
173983
1/8/2013
1,250.00 REGIONAL CARRIERS, INC
FREIGHT
173984
1/8/2013
1,365.00 REINER ENTERPRISES, INC
FREIGHT - IN
173985
1/8/2013
177.87 RELIABLE OFFICE SUPPLIES
OFFICE SUPPLIES
173986
1/8/2013
9.65 RUNNING'S SUPPLY
OPERATING SUPPLIES
173987
1/8/2013
1,010.82 SCHMELING OIL CO
EQUIPMENT PARTS
173988
1/8/2013
64.13 SCOTT'S WINDOW CLEANING SERVIC
CONTRACT REPAIR & MAINTENANCE
173989
1/8/2013
33.30 SEBORA, MARC
TRAVEL SCHOOL CONFERENCE
173990
1/8/2013
1,840.50 SEH
PROFESSIONAL SERVICES
173991
1/8/2013
78.75 SHRED -IT USA INC- MINNEAPOLIS
CONTRACT REPAIR & MAINTENANCE
173992
1/8/2013
36.20 SOUTH DAKOTA DEPT OF AGRICULTU
DUES & SUBSCRIPTIONS
173993
1/8/2013
9,657.60 SOUTHERN WINE & SPIRITS OF MN
COST OF SALES- LIQUOR
173994
1/8/2013
2,427.61 SPRINT
COMMUNICATIONS
173995
1/8/2013
86.50 SPS COMMERCE
RECEIVED NOT VOUCHERED
173996
1/8/2013
524.00 STAPLES ADVANTAGE
OFFICE SUPPLIES
173997
1/8/2013
79.30 STAR TRIBUNE
DUES & SUBSCRIPTIONS
173998
1/8/2013
1,082.11 STRATEGIC INSIGHTS CO
DATA PROC EQUIPMENT RENTAL
173999
1/8/2013
1,170.00 STREICH TRUCKING
CONTRACT REPAIR & MAINTENANCE
174000
1/8/2013
839.68 THOMSON WEST
OPERATING SUPPLIES
174001
1/8/2013
74,352.94 TITAN MACHINERY
MACHINERY & EQUIPMENT
174002
1/8/2013
28.00 TOTAL FIRE PROTECTION
CONTRACT REPAIR & MAINTENANCE
174003
1/8/2013
48,318.71 TREBELHORN & ASSOC
MOTOR FUELS & LUBRICANTS
174004
1/8/2013
65.65 USA BLUE BOOK
EQUIPMENT PARTS
174005
1/8/2013
1,485.55 USPS - HASLER
POSTAGE
174006
1/8/2013
115.00 VFW
ADVERTISING
174007
1/8/2013
20,127.45 VIKING BEER
COST OF SALES -BEER
174008
1/8/2013
382.00 VIKING COCA COLA
COST OF MIX & SOFT DRINKS
174009
1/8/2013
118.76 VOSS, DEB
UNIFORMS & PERSONAL EQUIP
174010
1/8/2013
129.00 WASTE & RECYCLING NEWS
DUES & SUBSCRIPTIONS
1 (�
V
174011
1/8/2013
1,495.49 WASTE MANAGEMENT OF WI -MN
REFUSE - RECYCLING
174012
1/8/2013
19,422.00 WEBB PALLET
174013
1/8/2013
7,135.00 WESTAFER ENTERPRISES
174014
1/8/2013
1,206.40 WINE COMPANY, THE
174015
1/8/2013
16,510.03 WIRTZ BEVERAGE MINNESOTA
174016
1/8/2013
10.00 WITTE, SARA
174017
1/8/2013
1,800.00 WOOD'N PALLETS, INC.
174018
1/8/2013
4,315.85 WORK CONNECTION, THE
618,253.55 Grand Total
Payment Instrument
Totals
Check Tota
618,253.55
Total Paym
618,253.55
n
RECEIVED NOT VOUCHERED
OTHER CONTRACTUAL
COST OF SALES -WINE
COST OF SALES -WINE
OFFICE SUPPLIES
RECEIVED NOT VOUCHERED
OTHER CONTRACTUAL
ORDINANCE NO. 13 -702 - AN ORDINANCE AMENDING CHAPTER 94 OF THE
HUTCHINSON CITY CODE — CEMETERIES
The City Council hereby ordains that Chapter 94 of the Hutchinson City Code is amended as
follows:
Section
General Provisions
94_01 Purpose; application; control
94.02 Definitions
94.03 Certificate of ownership and rules and regulations sole agreement
94.04 Modifications and amendments
Lots; Columbaria
94_15 Lot ownership, transfer, assignment; city consent required
94.17 Lot subdivision prohibited
94_18 Replatting and roadways
94_19 Lot owner address change; notification required
9420 Columbaria
94_21 Procedures for repurchase of cemetery properties
Rules and Regulations
94_35 General supervision
94_36 Interments and disinterments; regulations
94_38 Payments
94_39 Work and improvements; city control
94.40 Lot decoration
94_41 Visitor conduct; regulations
i\C��
94_42 Fees, gratuities and commissions prohibited
94_43 Protection against loss or damage; disclaimer
94_44 Cemetery funds
94_45 Memorials; standards; permits
94_46 Memorials; construction regulations
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GENERAL PROVISIONS
§ 94.01 PURPOSE; APPLICATION; CONTROL.
(A) Oakland Cemetery is owned and operated by the city. The Cemetery operates under
the supervision of the Public Works department, as directed by the Mayor and City Council. It is
the city's goal to make Oakland Cemetery a quiet and beautiful cemetery. To secure this effect
and for the mutual protection of cemetery users, the city hereby adopts the following ordinances.
All lots, lot owners, and users of the Cemetery shall be subject to these ordinances and
amendments or alterations thereto that shall be adopted by this city from time to time.
(B) The City Council shall set rates, charges and fees for cemetery services.
§ 94.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
CEMETERY. A hallowed park for earth interments or above - ground entombments.
COLUMBARIA. An above - ground structure of vaults, known as `niches', for the
entombments of cremains.
CREMAINS. Cremated human remains.
GRAVE. A space of ground reserved for the interment of human remains.
INTERMENT. The disposition of human remains or cremains by burial or entombment.
LOT. Space in the cemetery reserved for the interment or entombment of human remains.
The term includes and applies to one or more adjoining graves.
MARKER. A memorial of natural stone or other approved material that does not extend
above the surface of the lawn.
MEMORIAL. A monument or marker.
MONUMENT. A memorial of natural stone or other approved material that extends above
the surface of the lawn.
n)
§ 94.03 CERTIFICATE OF OWNERSHIP, SOLE AGREEMENT,
EXCEPTIONS, AMENDMENTS.
(A) Cemetery Deed. The cemetery deed, these ordinances and any amendments thereto
shall be the sole agreement between the city and the lot owner. The statement of any sales agent
shall in no way bind the city.
(B) Exceptions and modifications. Special cases may arise in which the literal enforcement
of an ordinance may impose unnecessary hardship. The city, therefore, reserves the right,
without notice, to make exceptions, suspensions or modifications in any of these ordinances.
These exceptions or modifications shall in no way be construed as affecting the general
application of these ordinances.
(C) Amendments. The city may, and it hereby expressly reserves the right, at any time or
times, to adopt new ordinances, or to amend, alter or repeal any ordinance, or portion thereof.
LOTS; COLUMBARIA
§ 94.15 LOT OWNERSHIP.
(A) Descent of title. Descent of title and ownership of lots in case of death shall be subject
to Minnesota State Statute 525.14.
(B) Lot Transfers.
(1) The only regular and legal proof of title by descent from a deceased owner is a
certified copy of the decree of the proper probate court assigning the lot of the deceased owner,
or his or her interest in it, to the person claiming it. Whenever practicable, this proof will be
required.
(2) If for any reason this proof cannot be obtained, application should at once be made
upon the death of the lot owner to the cemetery to ensure the records show the lot owner as the
proper living person.
(C) Consent of city. No transfer or assignment of any lot, or interest therein, shall be valid
until the consent of the city has been obtained. The city may refuse to consent to a transfer or to
an assignment as long as there is any indebtedness due the city from the record lot owner,
including any fees charged for the transfer or assignment.
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§ 94.17 LOT SUBDIVISION PROHIBITED.
The subdivision of lots is not allowed, and no one shall be interred in any lot not having an
interest therein, except by written consent of all parties interested in the lot and of the city;
provided, however, a relative or any record owner may be buried in the lot as provided for in
these ordinances or in the statutes of the State of Minnesota.
§ 94.18 REPLATTING AND ROADWAYS.
(A) Right to replat, regrade and use property. The city reserves the right to resurvey,
enlarge, diminish, replat, alter or change all or any part, portion or subdivision of the property
mapped and platted, including the right to lay out, establish, close, eliminate or change the
location of roads, walks or drives, and to file amended maps or plats, and to use the same for the
erection of buildings, or for any purposes or uses connected with, incidental to, or convenient for
the care and preservation of the cemetery or for any preparation for other cemetery purposes,
together with easements and rights -of -way over or through the premises and the right of
installing, maintaining and operating pipelines, conduits, sprinklers, drainage, electric or
communication lines, or for any other cemetery purposes.
(B) No right granted in alleyways. No easement or right of interment is granted to any lot
owner in any road, drive, alley or walk within the cemetery, but a road, drive, alley or walk may
be used as a means of access to the cemetery or buildings as long as the city devotes it to that
purpose.
§ 94.19 LOT OWNER ADDRESS CHANGE; NOTIFICATION REQUIRED.
It shall be the duty of the lot owner to notify the city of any change in his or her post office
address. Notice sent to a lot owner at the last address on file with the cemetery shall be
considered sufficient and proper legal notification.
§ 94.20 COLUMBARIA.
(A) Ownership of burial space in a columbarium shall be considered the same as ownership
of other cemetery property and shall descend according to State of Minnesota statutes.
(B) One or two ums may be entombed in a columbaria niche, provided there is adequate
space.
(C) Purchase of a columbarium niche shall include a bronze niche front plaque, the size,
design and color of which shall be determined by the city.
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(D) No item shall be affixed to the columbarium, unless herein provided. One one -and-
one -half inch (1 %2 ") veteran's medallion may be affixed on the lower left face of a columbaria
niche. All medallions shall be uniformly installed on columbaria niches by authorized cemetery
personnel only. Three inch (3 ") and five inch (5 ") medallions are not allowed on a columbaria
niche.
(E) The lot owner is responsible for the maintenance of the medallion. The city is not
responsible for maintaining medallions. If the item is affixed contrary to the memorial permit,
the medallion may be removed by the city at the lot owner's cost.
(F) The city shall provide a central planter near columbaria for palvement of flowers and
other ornamentation as permitted herein.
(G) The opening of a sealed niche for a second urn is considered an interment and is
subject to established fees.
§ 94.21 PROCEDURES FOR REPURCHASE OF CEMETERY PROPERTIES.
(A) Repurchase. When considering repurchase of cemetery property the City shall offer to
willing sellers the greater of one -half (' /2) of the current price for properties or the original
purchase price of the properties, whichever is greater.
(B) Certain properties representing a significant value to the cemetery may be identified.
For these properties, the city reserves the right to offer more to obtain these specifically
identified properties or to waive up to $100 of fees related to the purchase.
RULES AND REGULATIONS
§ 94.35 GENERAL SUPERVISION.
(A) Admission to cemetery. The city reserves the right to refuse admission to and supervise
the conduct of persons using the cemetery, and to refuse the use of any of the cemetery facilities
by any persons whom cemetery management may deem objectionable to the best interests of the
cemetery.
(B) Cemetery management in charge offuneral. All funerals, upon reaching the cemetery,
shall be under the supervision of cemetery management.
(C) Casket not to be opened or body touched without consent. The city reserves the right to
refuse permission to anyone to open the casket or to touch the body without the written
authorization of the legal representative of the deceased or without a court order.
b—)
§ 94.36 INTERMENTS AND DISINTERMENTS; REGULATIONS.
(A) Subject to laws. Besides being subject to these ordinances, all interments and
disinterments are subject to the ordinances and statutes of the city, county and state.
(B) Time and charges. All interments and disinterments must be made at the time and in
the manner prescribed and are subject to the payment of related charges. At least forty -eight (48)
hours' notice prior to interments and at least one week's notice prior to any disinterment is
required. The city may refuse to make an interment until a more expedient time if the remains
arrive at the cemetery after 4:00 p.m., or if too many funerals arrive at the same hour. The city
also reserves the right to require additional time in the event of inclement weather. The city
reserves the right to charge an additional fee if a funeral arrives one -half (' /z) hour after the
scheduled time.
(C) Authorization to inter and disinter. The city may inter or open a grave upon receipt of
proper written authorization by any lot owner of record made on forms prescribed by the city or
if the lot owner has previously provided written instructions on file at the cemetery. No
interment or disinterment shall be completed until payment of applicable charges has been made.
(D) Required concrete box or vault. The city requires a concrete box or vault for full -size
casketed interments. Cremains and infant caskets are are exempt from this requirement.
(E) Location of interment space. When instructions from the lot owner regarding an
interment space cannot be obtained, are indefinite, or cannot be followed, the city may open the
space as it deems best and proper so as not to delay the interment. The city shall not be liable in
damages from any error so made.
(F) Orders, other than written instructions. The city shall not be held responsible for any
order given by means other than written instructions, or for any mistake occurring from the want
of precise and proper instructions as to the particular space, size and location in a lot where
interment is desired.
(G) Errors may be corrected The city reserves the right to correct any errors made
making interments or disinterments, or in the description or transfer of any property, either by
cancelling or substituting the transfer or refunding the amount paid on account of that purchase.
In the event the error shall involve the interment of the remains of any person in that property,
the city reserves the right to disinter and reinter the remains in property of equal value and
similar location.
(H) Delays caused by protests. The city shall be in noway liable for any delay in the
interment or disinterment where a protest to the interment or disinterment has been made, or
where ordinances have not been complied with. The city may require any protest to be filed in
writing.
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(I) Not responsible for embalming or for identity. The city shall not be liable for the
interment permit nor for verifying the identity of the person interred; nor shall the city be liable
in any way for the embalming or cremation of the body.
(J) No interment or disinterment permitted unless property paid for. No interment or
disinterment shall be permitted in any property not fully paid for.
(K) Interment of more than one body.
(1) One casket, or one casket and one cremains, or two cremains are allowed to be
interred in one grave space.
(2) A second right of interment may be purchased by the lot owner for the interment of
an infant or cremains in between two blood relatives.
(3) Interment of up to four cremated remains will be allowed in certain cremation grave
spaces of Section 12 and Schmidt's Addition.
(4) Certain reclaimed or repurchased properties throughout the cemetery may also be
allowed multiple interments of cremains, depending on location, character of surrounding area,
size of property, placement of memorials and/or other considerations according to the judgment
of cemetery management.
(L) Interment of human remains. The use of the property in the cemetery is restricted to
the interment of human remains only.
(M) Disinterment for profit prohibited. Disinterment so the lot or items contained in the lot
may be sold for profit, or disinterment contrary to written instructions of the lot owner, is
forbidden.
(N) May obtain larger lot. A body may be disinterred from its original lot and be interred
in a different lot in the cemetery, provided there has been a property transfer or purchase for that
purpose.
(0) Care in disinterment. The city shall exercise due care in making a disinterment, and it
shall assume no liability for damage to any casket or burial vault while making the disinterment.
(P) Disinterment during winter prohibited. Disinterments during the time period of
November 16 through April 14 are not be allowed.
11.0--)
§ 94.38 PAYMENTS.
(A) Payment of service charges. The charges for the cemetery services must be paid prior
to or at the time of the issuance of any order to inter or disinter. Satisfaction of all indebtedness
due the city must be made before interment or disinterment.
§ 94.39 WORK AND IMPROVEMENTS; CITY CONTROL.
(A) Work to be done by city. Only the city shall perform grading, landscaping work and
improvements of any kind, and all care on lots, trees, shrubs and herbage of any kind, including
trimming, cutting or removal. All interments and disinterments shall be made only by the city.
(B) City directs and may remove improvements. All improvements or alterations of
individual property in the cemetery shall be under the direction of and be subject to the consent,
satisfaction and approval of the city, and, should improvements be made without the city's
consent, the city shall have the right to remove, alter or change those improvements at the
expense of the persons making the improvement or the lot owner.
§ 94.40 LOT DECORATION.
(A) Floral regulations. Ground planting of flowers is not permitted. The city shall have
authority to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind
from the cemetery as soon as, in the judgment of the city, they become unsightly, dangerous,
detrimental or diseased, or when they do not conform to maintenance standards. The city shall
not be liable for floral pieces, or for baskets or frames in which or to which floral pieces are
attached. The city shall not be liable for lost, misplaced or broken flower vases. The city shall
not be responsible for plants, herbage or plantings of any kind damaged by the elements, thieves,
vandals or by other causes beyond its control. The city reserves the right to prevent the removal
of any flowers, floral designs, trees, shrubs, plants or herbage of any kind, without its consent.
(B) Removal offloral frames. Floral frames, when removed from the lot site, unless called
for within five days by those lawfully entitled to them, may be disposed of by the city in any
manner it sees fit.
(C) Certain ornaments prohibited
1) The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, wood or
iron cases and similar articles upon lots shall not be permitted, and if so placed, the city may
remove the same unless they be wholly contained within an approved flower pot or flower box
fitting over an upright memorial. In no case shall any decoration or ornamentation be allowed if
its design is deemed to be offensive in nature, include food and beverages or other items for
human consumption, be constructed of glass, contain light- emitting elements, or be in any way
I 1 �)
designed to move either mechanically or by other means, including by natural wind. The city
may remove any decoration or ornamentation immediately if it does not comply with this
section.
2) No items may be affixed to monuments, except that certain items may be affixed to
the face of monuments, provided they do not protrude more than one inch (1") beyond the face
of the monument and do not exceed twenty square inches (20 sq. in.) in size, and are maintained
by the persons affixing such items. The city will not maintain items affixed to monuments.
(D) Cut flowers may be deposited on graves only on Memorial Day, except flowers may be
in approved vases or holders. Only one flower holder per lot is allowed.
(E) Glass containers are not allowed.
(F) Cut flowers and plastic flowers will be removed from the ground within seven days after
Memorial Day.
(G) Unsightly flowers and wreaths will be removed at the discretion of the city.
(H) Live plants will be allowed only in approved pots, urns or holders.
(I) Metal flower holders of an approved design are permitted. Cementing of these flower
holders is not allowed. The bottom of the flower holder is to be a minimum of eighteen inches
(18 ") from the ground. Non - conforming flower holders will be tagged and subsequently
removed.
(.l) Flower holders hall be placed in line with existing flower holders
(K) Wreaths are permitted if they are attached to the monument or placed in approved
holders.
(L) All bronze cups must be turned down by November 1 to prevent damage.
(M)The city shall not be responsible for plant stands, pots and vases damaged in the winter
due to freezing, snow removal for funerals, or damage due to the necessary removal of the
items.
(N) Regulations will be posted in the office building.
§ 94.41 VISITOR CONDUCT; REGULATIONS.
(A) Must use walks. Persons within the cemetery grounds shall use only the avenues,
walks, alleys and roads.
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(B) Trespassers on cemetery lots. Only the lot owner and his or her relatives shall be
permitted on cemetery lots. Any other person thereon shall be considered a trespasser, and the
city shall owe no duty to the trespasser to keep the property, or the memorial thereon, in a
reasonably safe condition.
(C) Children. Children shall not be permitted within the cemetery, or its buildings, unless
accompanied by a responsible adult.
(D) Flowers and the like. All persons are prohibited from gathering flowers, either cut or
wild, or disturbing trees, shrubbery or plants, or feeding or disturbing birds or wildlife.
(E) Refreshments. No person shall be permitted to have refreshments within the cemetery
except as authorized by the city.
(F) Loitering prohibited. Persons shall not be permitted to loiter in the cemetery.
(G) Loud talking. Boisterous or unseemly conduct shall not be permitted in the cemetery.
(H) Littering. Littering at the cemetery is prohibited. All waste shall be disposed of in
appropriate receptacles.
(I) Automobiles. Automobiles shall not be driven through the grounds at speeds greater
than 15 miles per hour, and must always be kept on the right side of the cemetery roadways.
Automobiles are not allowed to park or to come to a full stop in front of an open grave unless
those automobiles are in attendance at the funeral. Automobiles must stay on roadways and are
not allowed on lawn areas at any time.
(J) Recreational vehicles. No motorized recreational vehicles, including but not limited to,
motorized scooters, motorcycles, snowmobiles, motorized carts, all- terrain vehicles or other
similar recreational vehicles shall be admitted to the cemetery except those as may be in
attendance at funerals or on business. This section shall not apply to any vehicle designed
specifically for personal mobility.
(K) Peddling or soliciting. Peddling of flowers or plants, or soliciting the sale of any
commodity, is prohibited within the cemetery without the approval of the city. Violation of
these ordinances can result in dismissal from cemetery property.
(L) Firearms. No firearms shall be permitted within the cemetery except on special permit
from the management or duly constituted authorities, or at a military or veteran funeral.
(M) Notices and advertisements. No signs, notices or advertisements of any kind shall be
allowed in the cemetery unless placed by the city.
(N) Pets. Pets shall not be allowed on the cemetery grounds or in any of the buildings.
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(0) Hours. The cemetery grounds shall remain open from 8:00 a.m. to 4:30 p.m., Monday
through Friday, and at other times by special arrangements.
(P) Improprieties. There shall be observance of all proprieties at the cemetery, whether
embraced in these ordinances or not. Improprieties shall not be allowed, and the city shall
prevent improper behaviors and assemblages.
(Q) City to enforce rules. Employees are hereby empowered to enforce all ordinances, and
to exclude from the cemetery any person violating the same. Employees shall have charge of
cemetery grounds and buildings, and at all times shall supervise and maintain control of all
persons at the cemetery, including the conduct of funerals, traffic, employees, lot owners and
visitors.
§ 94.42 FEES, GRATUITIES AND COMMISSIONS PROHIBITED.
No person, while employed by the city, shall receive any fee, gratuity or commission, except
from the city either directly or indirectly, under penalty of dismissal.
§ 94.43 PROTECTION AGAINST LOSS OR DAMAGE; DISCLAIMER.
(A) Disclaimer. The city disclaims responsibility for losses or damages caused by the
elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers,
explosions, unavoidable accidents, invasions, insurrections, riots or order of any military or civil
authority, whether the damage be direct or collateral.
(B) City may charge for unusual repairs necessitated by acts of God and the like. In the
event that it becomes necessary to repair or reconstruct any natural stone or concrete work on
any section or lot, or any portion or portions thereof in the cemetery which has been damaged as
herein described, the city shall give a ten (10) day written notice of the necessity for the repair to
the lot owner of record. The notice shall be given by depositing the same in with the United
States Postal Service, addressed to the lot owner of record at his or her address as stated in the
records of the city. In the event the lot owner fails to repair the damage within a reasonable time,
the city may direct that the repairs be made and charge the expense against the lot and to the lot
owner of record.
§ 94.44 CEMETERY FUNDS.
(A) Cemetery funds shall:
(1) Be used for any care and maintenance necessary by natural growth and ordinary
wear including planting, cutting, watering and care of lawns, trees and shrubs, the cleaning and
upkeep of buildings and the maintenance of utilities, walls, roadways, walks and other
improvements of the cemetery.
(2) Not be used for the maintenance, repair or replacement of any memorials, sod or
flowers caused by the elements, an act of God, common enemy, thieves, vandals, strikers,
malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or
by order of any military or civil authority, whether the damage be direct or collateral, other than
as herein provided, except that the City Council may direct that certain repairs or maintenance be
done using City funds.
(3) Be desposited with others of like character and intent.
(4) Not be used to benefit any one individual property, but rather for the good of the
Cemetery as a whole, except that the City Council may approve use of city funds to make repairs
or improvements to specific properties, at their discretion.
(5) Be limited to appropriations by the City Council for the care of the grounds,
buildings and cemetery maintenance.
(6) Be used in whatever manner deemed appropriate by the city for the care,
reconstruction, repair, and maintenance of all or any portion of the cemetery improvements, and
for other costs necessary to the preservation of the city's legal rights.
§ 94.45 MONUMENTS AND MARKERS; STANDARDS; PERMITS.
(A) Memorials.
1) Only one central memorial, placed in the center of the lot, and in line with existing
memorials shall be allowed on a lot.
2) Memorials shall be no larger than the maximum size indicate for each type of
memorial, based on the size of the grave and lot, as prescribed by the city.
3) A permit, paid prior to or at the time of installation, is required for each memorial
installed at the cemetery.
4) The city reserves the right to correct any errors made by its employees or by another
person or persons regarding the location, size, or placement of a memorial.
5) A written request may be issued to the city for the placement of unusually shaped or
oversized memorials. These memorials, personal columbaria, or private mosoleums
may be allowed in areas of the cemetery where adequate space may be purchased.
i
(B) Markers.
1) All markers must be set flush with the ground.
2) Flower vases integrated into flush markers are not permitted.
3) Markers of bronze or other materials shall be recessed so as to be flush with the
marker's materials.
4) Lettering, or designs in markers placed on concrete or stone may protrude no more
than one - quarter inch (1/4 ") above the concrete or stone.
5) Veterans' markers approved by the Department of Veterans' Affairs, may be affixed
into the markers, provided they are countersunk into the face of the stone or cement
wash so the base of the medallion does not protrude higher than the face of the stone.
6) Any items affixed to markers are the responsibility of the lot owner, the city is not
responsible for the maintenance of these items. If the items are affixed contrary to the
memorial permit, they may be removed by the city at the lot owner's cost.
(C) Monuments.
1) All monument foundations shall be installed by the same company or persons
supplying the monument, which company or person shall be responsible for and
guarantee the quality and strength of the foundation.
2) Monuments and their foundations shall not encroach into the space required for
interment of a full -sized vault and casket burial, which is approximately eight feet, six
inches by three feet, six inches (8' 6" x 3' 6 ").
3) Veterans' markers approved by the Department of Veterans' Affairs, may be affixed
onto monuments, as provided herein.
(D) Designated in- ground cremation areas only. Only one marker or monument is allowed
in designated in- ground cremation areas. Markers and monuments shall not exceed the permitted
size, as identified by the city.
(E) Cement washes required. Cement washes will be required on all memorials in the size
specified in the permit, as determined by the city, provided they are a minimum of five inches
(5 "). The city may also approve washes of natural stone, provided the was so approved shall
have less ongoing maintenance when compared to cement washes.
(F) Bronze as part of memorials. Bronze that imbedded on a memorial must be recessed so
as to be flush with the surrounding stone or cement. Any bronze lettering or design on
memorials shall protrude no more than one - quarter inch (1/4 ") above the surface of the
memorial.
11 b)
(G) Permit required.
(1) A permit is required to install memorials. Permits will be required for each
memorial and must be obtained prior to installation. The city will fix, and from time to time
revise, the permit fee.
(2) Any memorial installed without first obtaining a permit may be removed until the
permit is obtained. An additional charge for equipment, labor and storage may be assessed for
removal of unpermitted memorials.
(H) Large memorials, areas of the cemetery. Large monuments, unusually shaped or
oversized monuments, personal columbaria or private mausoleums may be allowed in areas of
the cemetery where adequate space may be purchased. Each request for memorials not
complying with these ordinances shall be reviewed independently with regard to required space
and appropriate fit of the memorial.
(I) Exceptions. Areas set aside as cremation grave spaces and certain cremation properties
in portions of Section 12 and Schmidt's Addition will be allowed one monument regardless of
the number of cremains interred, which shall not exceed the maximum size identified in the
permit.
§ 94.46 MONUMENTS AND MARKERS; CONSTRUCTION REGULATIONS.
(A) Persons employed in placing or erecting monuments, or bringing in materials, shall, as
to the city, operate as independent contractors only under permit from the city and be under the
supervision of the city. These persons are prohibited from attaching ropes to monuments, to
trees or to shrubs. These persons shall not permit material to be on adjoining lots or block
avenues or pathways longer than necessary. These persons shall take care to do as little injury to
the grass, trees and shrubs, etc., as possible and are responsible for removing debris and restoring
the grounds and sod to their original condition.
(B) Damage done to any property shall be repaired by persons placing or erecting
memorials. Damage that is not repaired in a timely manner may be repaired by the city, and the
cost of the repairs shall be charged to the persons installing the memorial.
(C) No material, machinery or other thing used for the construction of memorials may be
brought into the cemetery until required for immediate use; nor under any circumstances when a
funeral is in process. Nor shall any memorial work be conducted except during normal cemetery
hours. Material may not be placed on adjoining lots without permission from the city. Work
shall proceed promptly until the erection of the memorial is completed.
(D) No work of any kind shall be done while a funeral or interment is being conducted.
ow
(E) The installation of coping, curbing, fencing, hedging, plantings, grave mounds, borders,
enclosures of any kind, brick, cinders, tile, stone, marble, terra cotta, sand, cement, gravel or
wood shall not be allowed on or around any lot. The city reserves the right to remove the same
is so erected, planted or placed and charge the cost of removal to the lot owner.
(F) The city shall have the authority to reject any permit application based on the plan or
design for any memorial which, on account of its size, design, inscription, kind or quality of
stone is, in the opinion of the city, unsuited to the lot on which it is to be placed.
(G) The city reserves the right to stop all work of any nature being done at the cemetery
whenever, in its opinion, proper preparations therefor have not been made, when tools and
machinery are insufficient or defective, when work is being executed in a manner so as to
threaten life or property, when persons installing memorials are guilty of misrepresentation,
when any reasonable request on the part of the city is disregarded, when work is not being
executed according to the permit, or when any person violates these ordinances. Completed
work is subject to the approval of the city.
(H) All memorials shall be constructed of natural stone. Should any memorial become
unsightly, dilapidated or dangerous, the city shall have the right to correct the condition or to
remove the same, at the expense of the lot owner.
(I) No memorial shall be removed from the cemetery, except by the city, unless the written
NFL)
ORDINANCE NO. 13 -702 - AN ORDINANCE AMENDING CHAPTER 94 OF THE
HUTCHINSON CITY CODE — CEMETERIES
The City Council hereby ordains that Chapter 94 of the Hutchinson City Code is amended as
follows:
Section
General Provisions
94.01
Purpose; application; control
94.02
Definitions
94_03
Certificate of ownership and rules and regulations sole agreement
94.04
Modifications and amendments
Lots; Columbaria
94.15
Lot ownership
94.16 be transfer! of assignment; city consent required
94_17
Lot subdivision prohibited
94_18
Replatting and roadways
94.19
Lot owner address change; notification required
94.20
Columbaria
94.21
Procedures for repurchase of cemetery properties
Rules and Regulations
94.35
General supervision
94_36
94.37
Interments and disinterments; regulations
94_38
Remevals
Payments
94.39
Work and improvements; city control
94.40
Lot decoration
94_41
Visitor conduct; regulations
94_42 Fees, gratuities and commissions prohibited
GENERAL PROVISIONS
§ 94.01 PURPOSE; APPLICATION; CONTROL.
.,t -
the City Council shall
time designoe The City Co it may revie ° charges is iaade €or-gfwve
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86)
§ 94.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
CEMETERY. The bufial park for earth interments
) LO-)
I �to-)
LOTS; COLUMBARIA
§ 94.15 LOT OWNERSHIP.
a e
(1) The only regular and legal proof of title by descent from a deceased owner is a
certified copy of the decree of the proper probate court assigning the lot of the per-so i} deceased
or his or her interest in it, to the one claiming it. Whenever practicable, this proof
will be required.
(2) If for any reason proof � g ��°
� the f..,...:..4.:.... ,. fit.:.. le,
application should at once be made upon the death of the lot owner to the e, City
^Administra4a . to be Asure that the records wiR show the lot ' a to be in the aame of the
proper living person.
R 94.16 LOT TRANSFER OR ASSIGNMENT; CITY CONSENT _REQUIRED.
Consent of city. No transfer or assignment of any lot, or interest therein, shall be
valid until the consent of the city has been ender-see thereon and the ,.afne has beef.
recorded on the beeks of the city.
(B) rndebtedne -s The city may refuse to consent to a transfer or to an assignment as long
as there is any indebtedness due the city from the record lot owner ` �
MN
:eeee����
§ 94.17 LOT SUBDIVISION PROHIBITED.
The subdivision of lots is not allowed, and no one shall be interred in any lot not having any
interest therein, except by written consent of all parties interested in the lot and of the city;
provided, however, a relative or any record owner may be buried in the lot as provided in
these �ft,. odes or in the
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86) Penalty, see $ 10.99
§ 94.18 REPLATTING AND ROADWAYS.
(A) Right to replat, regrade and use property. The "k " { right and pfi:ilege is
hereby e3ipfessly re °d ^a —any 4i;ne and rem firne a,..;..,° to resurvey, enlarge, diminish,
replat, alter in shape or size or otherwise to change all or any part, portion or subdivision of
the property hereby mapped and platted (including the right to lay out, establish, close,
eliminate or otherwise fned; a of change the location of roads, walks or drives)i and to file
amended maps or plats theree ' and to use the same for the erection of buildings, or for any
purposes or uses connected with, incident toy or convenient for the care; a preservation
e�z«'
or preparation for other
cemetery purposes, together with easements and rights -of -way over or through the premises, and
the right and pavlegc of installing, maintaining and operating pipelines, conduits] erdraiR,1; €e
sprinklers, drainage, electric or communication linesi or for any other cemetery purpose is also
xpressly fesen�cd.
(B) No right granted in alleyways. No easement or right of interment is granted to any lot
owner in any road, drive, alley or walk within the cemetery, but a road, drive, alley or walk may
be used as a means of access to the cemetery or buildings as long as the city devotes it to that
purpose.
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86)
§ 94.19 LOT OWNER ADDRESS CHANGE; NOTIFICATION REQUIRED.
It shall be the duty of the lot owner to notify the city of any change in his or her post office
address. Notice sent to a lot owner at the last address on file with the � Jj Secretary shall be
considered sufficient and proper legal notification.
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86)
§ 94.20 COLUMBARIA.
(A) Ownership of burial space in a columbarium shall be considered the same as ownership
of other cemetery property and shall descend according to state law.
Purchase of a columbarium niche shall include a bronze niche front plaque,
mzr mzcrnra yl°c- &ixdsrcc -oiz eae
eelumbaritt
('89 Code, § 2.80) (Ord. 00 -266, passed 1- 25 -00) Penalty, see � 10.99
§ 94.21 PROCEDURES FOR REPURCHASE OF CEMETERY PROPERTIES.
(A) Pbt;jqqs&. YYth C«RISt€�.��: e€ There are eif mstances and a pef4unities
a., i m the course of operating the cemetery , repurchase afee rz %x property a repure-hasing
(B) Proeedw-es. The ,.;t. Oakland Cemetery, hereby establishes the follewing Procedures
for the ,.h of e °t° properties,
(1) It ..1,.,11 h° �+" "'" olie., of Oakland Cemetery t..
the � offer to willing sellers the
greater of one-half of the current price for properties or fer the original purchase price of the
properties,
c2 ee...etef, su °.. 1 ,.tif ertain qty properties that
representrii a significant value to the cemetery its"
A ='`. ifneeessar., mere may be °ffered nisi to obtain these specifically
identified properties:
(3) The p"ents ale for the repurehase of c et° prepeizties shall be ...ale from
the Pefpe4ial Cafe Fund.
(4) (a) Fees t . documents relating to the sale shall be 1,me by the seller.
! Y�Y1R7141: �N: ��. 1/ �7YRf�R' x► ST.!' JS RSiTERS >IT�SSCla.TS'.LTiR�:RT.ftSSGS waive up
to $100 of fees
3 @ A
(Ord. 99 -253, passed 5- I1 -99)
RULES AND REGULATIONS
§ 94.35 GENERAL SUPERVISION.
(A) Admission to cemetery. The city reserves the right to ,.,,. pel all persons ..,.frog into
r ght to refuse admission to not e lot avine_ of relative of
t°-- °a i^ the cemetery, to refuse the use of an of the cemetery facilities at
persons"' min ry, y y
any- tone to any persona persons whom the cemetery management may deem objectionable
to the best interests of the cemetery.
(B) Cemetery management in charge of funeral. All funerals, on reaching the cemetery,
shall be under the supervision of the cemetery management.
(C) Casket not to be opened or body touched without consent. Once the `tineral ° ° ^'1 ^ °'°
completed he city reserves the right to refuse permission to anyone to open the casket or to
touch the body without the 5 ffiffiffiffiwffi consent of the legal representative of the
11��)
deceased or without a court order; provided .'_:_._ .__ the even_ ______sit , - qui_es the eit,, y take
appropriate steps to eer-reet any abnexious of improper condition.
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86)
§ 94.36 INTERMENTS AND DISINTERMENTS; REGULATIONS.
(A) .Subject to laws. Besides being subject to these 4 rules a a regulatioas. all
interments, A disinterments and removals are made subject to the ' � affi
a - a i R- f the property e fistituted &utherities of the city, county and state.
(B) Time and charges. All interments; A disinterments and rertreval must be made at the
time and in the manner prescribed and a subject to the payment of "" charges as
the cemetefy ffiaftagemen! or the Council. �
t,;.... ent April 15 through N °.. be 1 s ,„a '. ' �', ,. 1481 hours' notice
�i, Noyef..bof 16 tIffa gh April 14, teat Least one week's notice prior to any
disinterment ono >al.
The city may refuse to make an interment until a more
expedient time if the remains arrive at the cemetery etee after 4:00 p.m., or if too many
funerals arrive at the same hour. The city M reserves the right to require additional time in the
event of inclement weather.
.. s _ n'4
Authorization u, Inter mil The city may inter or open a
PI t ° Affly nl�um°°° en proper written authorization by any lot owner of record made out on
forms a}�oved by the city
o y the rigliA to
R?� require concrete box or vault The city
require a concrete box or vault in .:.._eh ithe casket of ear t _. interment shall
heen6iv.,;ev. Cremains shall be exempt M,,,,;,,t f t -'
M ) Location of interment space. When instructions from the lot owner regarding t-he
leo.atien a€ an interment space in a !at cannot be obtained, or are indefinite, or •' I
reaseft the spaee cannot be opened4he ° :r. °a the M maxagernent
pray, at its discretion, open i the ncs v in the ov as rt deems best and proper, so as not
to delay the d meral,t Tand--the city shall not be liable in damages "
€ far any error so
made.
'l(6r Orders,,! � t € Idtt fiexi tee. The city shall not be
-- f i
held responsible for any order given by ni`W,fiath gene or for
any mistake occurring from the want of precise and proper instructions as to the particular space,
size and location in a lot where interment is desired.
L14kI4) Errors ma_v be corrected. The city reserves we the right to correct any
errors <aa�y -� made by it either- -.n making interments; disinterments �, or in the
description, transfer of cenveyaneL of any inter e n property, either by cancelling A the
eonveyanee an substituting tll#t and conveying, in lieu thereof, other interment
property of equal value and similar location as far as possible or as may be selected by the city,
or; in the sole discretion of the city, by refunding the amount of meney paid on account of that
purchase. In the event the error shall involve the interment of the remains of any person in that
property, the city reserves, and shall have the right to remove and reinter the remains rid
to property of equal value and similar location as may be siibstitawd and e0flVeyed i~'i°°
therp,of
Delays' is caused by protests. The city shall be in no way liable for any
delay in the interment of a-bedy where a protest to the interment « '
has been made, or where '� the rules and _egW ation have not been complied with. The
'�""
i4
city may require any protest to be 3�;�� in writing and filed in the o ffi e of the Gy
Administrator.
Not responsible for embalming or for idemity. The city shall not be liable for the
interment permit nor for v the identitv of the person .a,. ham° interred; nor shall the
city be liable in any way for the embalming of the body.
No interment ��
' �'�' permitted unless property paid for. Nointermentil
"7' shall be permitted in any property not frilly paid for.
Interment of more than one body.
that ffior-e than ane bady, or the remains of more then efie bedy, fna), be interfed. Newever, PAe
will be allowed.
(2) A second right of interment may be available to 1fi the awl lot owner;
er heirs for the interment of an infant or cremains; in between two blood relatives. if this ght
(3) Interment of up to four cremated remains and one ffieffiefial will be allowed in
certain cremation grave spaces of Section 12 and Schmidt's Addition.
(4) Certain reclaimed or repurchased properties throughout the cemetery may also be
t:.... 51i `Knet '
allowed multiple arerrna� interments Of,
' "'fit ` depending on location, character of
surrounding area, size of property, placement of memorials and /or other considerations
according to the judgment of cemetery management.
Interment of human remains. The use of the property in the cemetery is restricted
to the interment of human remains ti
§ 94 37 UL'MON A ( Q
Rem ova for profit prohibited MA
the heirs so that the lot o V, I may be sold for profit to themselves, or
feffioval contrary to m 4he expfessed er implied wis of the
eriginal lot owner, is repugfiant to the ,._a:., of a,.,., ne y ° ^a is absol., * °'° forbidden.
0034
Way obtain larger lot. A body may be ���� removed from its original lot
d*�dmk to a -larger bettef lot in the cemetery ivlien there has been A
an e)Eehap#e or purchase for the purpose.
Care in remova . The city shall exercise due care in making a
disinterment and femoval, and it shall assume no liability for damage to any casket or burial
ease jM in making the disinterment.
`z" " Nt7#a Removal prohibited Disinterment
body during the time period of November 16 through April 14 will A not be allowed.
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86; Am. Ord. 772, passed 6- 22 -88) Penalty, see §
10.99
§ 94.38 PAYMENTS.
(A) Payment of service charges The charges for the cemetery services must be paid al
F' at the time of the issuance of the M order id of interment or disinter.
v
(B) Past due Affangements for the pat,Rient of any - all indebtedness due
the city must be made before interment will be made in any * ^t
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86)
§ 94.39 WORK AND IMPROVEMENTS; CITY CONTROL.
(A) Work to be done by city . A4 grading, landscaping work
and improvements of any kind, and all care on lots, shall be dene and all trees, shrubs and
herbage of any kind shall be planted, €i 1 trimmi°i ed, cutiM or removal and Hall
openings and elosin °^ e f m as yes and °" interments; go disinterments arid re-44;evals shall be
made; only by the city.
(B) C'iry directs G,._ °•- niatiagement must diree and may remove improvements. All
improvements or alterations of individual property in the cemetery shall be under the direction of
and 61 subject to the consent, satisfaction and approval of the c management, and, should they
rr a be made without th a As Ns-Fiite consent, the 9i ; rent shall have the
right to remove alter or change those improvements or alteration at the expense of the "
lot owner, � . they
beeame aftsightly to the eye.
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86)
§ 94.40 LOT DECORATION.
(A) Floral regulations. OTke ground planting of flowers by the lot -ocaner is not
permitted. The city shall have authority to remove all floral designs, flowers, weeds, trees,
shrubs, plants or herbage of any kind from the cemetery as soon as, in the judgment of the
eemetefy offieials, they become unsightly, dangerous, detrimental or diseased, or when they do
not conform to the Q standards wed. The city shall not be liable for floral
pieces, " baskets or frames in which or to which floral pieces are attached. The city shall not
be liable for lost, misplaced or broken flower vases. The city shall not be responsible for plants,
herbage or plantings of any kind damaged by the elements, thieves, vandals or by other causes
beyond its control. The city reserves the right to prevent the removal of any flowers, floral
designs, trees, shrubs, plants or herbage of any kind, im unless ate its consent.
(B) Removal of floral frames. Floral frames, when removed from the lot site, unless called
for within five days by those lawfully entitled to them, may be disposed of by the city in any
manner it sees tit.
(C) Certain ornaments prohibited.
1) The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, glass,
wood or iron cases and similar articles upon lots shall not be permitted, and if so placed, the
may remove the same unless#lt 6,tfbe wllt it ttt n4within an:a -b itovi EJvveilibl of i tro'f7[iR
11( o
� itit y'
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86)
§ 94.41 VISITOR CONDUCT; REGULATIONS.
(A) Must use walks. Persons within the cemetery grounds shall use only the avenues,
walks, alleys and roads, and any persen if6tifed while walki ^'" ept that be
(B) Trespassers on cemetery lots. Only the lot owner and his or her relatives shall be
permitted on the cemetery lot . rots are - °' °^a , i ' peft . and must not be :r ailed
Any other person thereon shall be considered a trespasser, and the city shall owe no duty to the
trespasser to keep the property, or the memorial thereon, in a reasonably safe condition.
(C) Children. Children under 15 y of ^'-e shall not be permitted within the cemetery, or
its buildings, unless accompanied by a s to take eafe of the"
(D) Flowers and the like. All persons are prohibited from gathering flowers, either e _ _
wild Reed, or lfeakin trees, shrubbery or plants, or feeding or disturbing
birds or o'er Mlife.
(E) Refreshments. No person shall be permitted to have refreshments within the cemetery
except as authorized by the dylw ^'^^�R.
(F) Loitering prohibited. Persons other rhan 1 °r e Affie`s orelatives shall not be permitted
to loiter in the cemetery, of in any of the buildings.
(G) Loud talking. Boisterous or unseemly conduct shall not be permitted in the cemetery,
(H) +°' Rubbish - 9 'T't, 1. Of -.,1.1.:..1. on the dfiy°.. and
paths, of on any pai4 of the grounds, n the buildings- is prohibited. A
cc• +�,: F 1 located r e r pla
� receptacles ^"' ° ^' " °"
(I) Automobiles. Automobiles shall not be driven through the grounds at am a greater
speed than 15 miles per hour, and must always be kept on the right side of the cemetery
roadway. Automobiles are not allowed to park or to come to a full stop in front of an open
grave unless those automobiles are in attendance at the funeral. Automobiles must stay on
roadways and will A not be allowed on the lawn areas at any time.
(J) Recreational vehicles. No bicycles er motorized recreational vehicles, including but not
limited to, motorized scooters, motorcycles, snowmobiles, motorized carts, all- terrain vehicles or
other similar recreational vehicles shall be admitted to the cemetery except those as may be in
attendance at funerals or on business.' "�"
(K) Peddling or soliciting. Peddling of flowers or plants, or soliciting the sale of any
commodity, is prohibited within the the cemetery. Solieitation of any 1::na is ,tried.
r �idden at any time :4i the ^ n^eter° without the approval of the city.
abide by all rules of the cemetery Violation of ��' � ". .`'f: this rule A wi44 result in
immediate dismissal "f i ^f', ai� 4�' `, "'
(L) Firearms. No firearms shall be permitted within the cemetery except on special permit
from the management or duly constituted authorities, or at a military funeral.
(M) Notices and advertisements. No signs, notices or advertisements of any kind shall be
allowed in the cemetery unless placed by the city.
(N) Pets. Pets shall not be allowed on the cemetery grounds or in any of the buildings.
(o) Hours. The cemetery grounds shall j. be open from 8:00 a.m. to is 5i4op.m.,
Monday through Friday, and at other times by special arrangements.
it :....f rl.° „r.., ,,,.r :.....,,«a °.. "° fl,.,r there X1.....1.7 .tom „ 4A,
(P) Improprielies.S be strict
observance of all of the proprieties id of the cemetery, whether embraced in these
Tales or not . as no jimproprieties shall be allowed, and the d W managerneTtt shall have
power to prevent improper, �„�''�I�k"', assemblages.
(Q) City to enforce rules. 'T�° a� Eemployces are hereby empowered to enforce all
`° and to exclude from the c�# any
rules and person violating the same 11m id 44iey shall have charge of G#""" a : the grounds and
buildings, and at all times shall have supervise�ien and lii "control. of all persons A i-H the
cemetery, including the conduct of funerals, traffic, employees, lot owners and visitors.
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86; Am. Ord. 05 -0412, passed 8- 23 -05) Penalty, see
t 10.99
§ 94.42 FEES, GRATUITIES AND COMMISSIONS PROHIBITED.
No person, while employed by the city, shall receive any fee, gratuity or commission, except
from the city either directly or indirectly, under penalty of immediaw dismissal.
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86) Penalty, see � 10.99
§ 94.43 PROTECTION AGAINST LOSS OR DAMAGE; DISCLAIMER.
Use itr u,.. ,T�.
(A) �r a isclaimer.
8 9'
(24 Whether or not ...... «ds a _ used, the °:t., Elisti ietl y diselaims all responsibility for
loss's or damage4a from __see be, end its reasonable control, and especially __ally f damages
caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious
mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or order of
any military or civil authority, whether the damage be direct or collateral.
(B) Cih� may charge for unusual repairs necessitated by acts of God and the like. In the
event that it becomes necessary to repair or reconstruct any ,a afbl nit or
concrete work on any section or lot, or any portion or portions thereof in the cemetery which has
been damaged I° t>,° °T° ° aet of God, common enemy, thieves-,
insuffeetions, riots or by ,
> a°_ of any military or i aa: hat: 45 the city shall give a ten (10)
day written notice of the necessity for the repair to the lot owner of record. The notice shall be
given by depositing the same in M they ��_ . + U.S. addressed to the
lot owner of record at his or her address id stated ifi on the hooks of the city. In the event
the lot owner fails to repair the damage within a reasonable time, the city may direct that the
repairs be made and charge the expense against the lot and to the lot owner of record.
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86)
§ 94.44 CEMETERY FUNDS PERPETUAL CARE.
(A) nerp i,,,al care on leks
a; RFET UAL CAns Th care and maintenance necessary by natural growth and
1.' 1 b . able intervals with e F ..... she P�
ordinary wear __ ____ _. provided _ fPe`�
r Fund and -- meter, budget funds, and including the planting, cutting, watering and care of
lawns, trees and shrubs, the cleaning and upkeep of buildings and the maintenance of utilities,
walls, roadways aim -walks a t�Kx7u#i
EB\ Perpetual exceptions. The t DMPETIAL Gd A shall not be eafistvded e6we
meaning the maintenance, repair or replacement of any gravestenes, monumental st^l^tufes of
memorials, plaeed of efeeted tipen lets; nor the plaii4ifig of flewefs
plants; nor the mairAefianee of doing of an), speeial or unestial wark in the eemetefy; nor does4t
caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious
mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or by order of
any military or civil authority, whether the damage be direct or collateral other than as herein
1.10111 1 Wool
/,L
1) All monument foundations shall be installed by the same company or persons
supplying the monument, which company or person shall be responsible for and
guarantee the quality and strength of the foundation.
2) Monuments and their foundations shall not encroach into the space required for
interment of a frill -sized vault and casket burial, which is approximately eight feet, six
inches by three feet, six inches (8' 6" x 3' 67').
11 W INN R IN
(3) See division inr xeeptiors.
Cement washes required. Cement washes will be required on all
markers and nuupchffie ts,7
t'
t$ "` with five inches being the minimum. All above ground mefuunems,
with the s granite.
—() Bronze aii eement. _Bronze afkefs ^ em shall protrude no more than one - quarter
inch - above the ,17Mi r 9 i °..° ;
Permit required.
(1) A permit A will required to install A ' m kefs or --'anumem Permits
wi I be required for each sloe and must be wed prior to installation.
The city will fix, and from time to time revise, the permit fee.
(2) Any installed without first obtaining a permit may be
removed until the permit is obtained. An additional charge for equipment, labor and storage may
be assessed in these ease °.
A M ,WO-. 4Mnument and Hia areas of the cemetery. Large monuments,
unusually shaped or oversized monuments, personal columbaria or private mausoleums may be
allowed in areas of the cemetery where adequate space may be purchased. Each request for
r„ menumems and Faarker not complying with ,� � � shall
be reviewed independently with regard to required space and appropriate fit of the
fl.
meruffnepA marker.
Exceptions. ''' PeAi fis of Seetio " set aside as cremation grave spaces and
certain cremation properties in Schmidt's Addition will be allowed
upright monument regardless of the number of remains interred, which shall
not exceed zn inches in width
� maximum size �
mf
('89 Code, § 2.80) (Ord. 735, passed 4- 11 -86; Am. Ord. 772, passed 6- 22 -88; Am. Ord. 99 -264,
passed 10- 12 -99; Am. Ord. 05 -0412, passed 8- 23 -05) Penalty, see § 10.99
§ 94.46 MONUMENTS AND MARKERS; CONSTRUCTION REGULATIONS.
(A) EJJ rxOfkff employed in placing or erecting monuments or bringing in materials,
shall as to the city, operate as independent contractors��o only
with the permissi the city; and must be under the supervision of the city.
(B) Persons engaged in ereet-ing-aierttrrnents are prohibited from attaching ropes to
monuments, trees or shrubs
material " ever adjoining lots or €rein blocking avenues or pathways longer than is
do as little injury to the grass,
abselately necessary.
trees and shrubs, � as possible, " � must remo.� debris and
restorl the ground and sod to _ its original condition.
No material, machinery or other thing M for the construction of
e t^ or ° ^t° flu - m^°' ^ °° may be brought into the cemetery until required for
immediate use; nor under any circumstances when a funeral is in process or between
shall a
R 01111
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LUCE LINE STATE TRAIL
STATE TRAIL DEVELOPMENT — HUTCHINSON TO WINSTED SEGMENT
COOPERATIVE AGREEMENT
BETWEEN
THE STATE OF MINNESOTA AND THE CITY OF HUTCHINSON
This Agreement, between the State of Minnesota, acting by and through the Commissioner of the Department of Natural
Resources, hereinafter referred to as the "State" and the City of Hutchinson, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the Commissioner of Natural Resources has the authority, duty and responsibility under Minnesota Statutes
Section 85.015, sub. 10, to establish, develop, operate and maintain the Luce Line State Trail; and
WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59 to enter into agreements to jointly
or cooperatively exercise common powers; and
WHEREAS, the State owns or has administration over lands described as the Luce Line State Trail extending between the
cmmntrnities of Plymouth, in Hennepin County and Cosies, in Meeker County and as shown on Exhibit A, hereinafter
referenced as the "State Trail"; and
WHEREAS, the State and City have determined that the development of the Luce Line State Trail between the Communities
of Hutchinson and Winsted, to include a bituminous surfaced, multi -use principal trail treadway and a secondary, designated
unpaved treadway, is of high priority; hereinafter referenced as the "Trail Segment' as shown on the concept plan attached
hereto as Exhibit B; and
WHEREAS, the State is prepared to complete the engineering, design, and construction of the approximately 15 mile
segment of the Luce Line State `frail extending between the communities of Hutchinson and W insted, McLeod County.
WHEREAS, the City has appropriated and allocated a total of $750,000 to the construction of the Trail Segment; and
WHEREAS, upon completion, the Trail shall be the sole responsibility of the State; and
WHEREAS, a resolution or copy of the City Council meeting minutes authorizing the City to enter into this agreement is/are
attached hereto as Exhibit C; and
NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the benefit of
the general public, the parties agree as follows:
STATE DUTIES AND RESPONSIBILITIES
a. The State shall prepare the necessary preliminary and final design plan, specifications, and proposal for the
development of the Trail Segment of the Trail. The design shall include a principal bituminous surfaced
recreational trail and a secondary, designated unpaved treadway and meet the requirements of the ADA
requirements.
b. The State shall bid, administer any construction contract for this project as well as providing all construction
engineering, staking, materials testing, record keeping and construction inspection.
c. The State shall obtain all federal and state and permits necessary for the construction of the Trail.
d. The State will encumber funds for development of the Trail Segment through the standard internal purchasing
Luce Line State Trail 1 of 4
Mcleod County Segment / City of Hutchinson
MnDNR Parks & Trails 18Nov 12
} (�) I(C)
process including, but not limited to, a separate requisition request.
e. T'he State shall permit the City to review and comment on the preliminary and final plans for the Trail Segment
as proposed by the State.
f The State shall permit the City of review and comment on any major alterations to the Trait Segment proposed
by the State during the term of this Agreement.
g. The State wil I provide and install the appropriate signage for the Trail Segment, including a wood- routed sign/s,
which indicates that the development was cooperatively provided by the City and the Department of Natural
Resources. The State shall also provide all trail related informational signs for the Trail as determined by
Department of Natural Resources policy.
It. Upon completion the Trail Segment shall be the sole responsibility of the State.
Il. CITY'S DUTIES AND RESPONSIBILITIES
a. The City shall to be permitted to review and comment on the preliminary and final design of the Trail Segment
as referenced in Exhibit B. The proposed trail shall meet ADA requirements.
b. The City shall review the Preliminary Plan and Final Plan for the Trail Segment as developed by the State and
provide written comments to the State's designated contact without unreasonable delay.
c. The City shall provide funding assistance for the development of the Trails Segment.
d. The City shall be permitted to review and approve any alterations to the Trail Segment proposed by the State
during the term of this Agreement.
Ill, FUNDING
The State shall provide funding for its responsibilities under Article I (a)(b)(c)(d)(e)(f)(g)(li) above through the
standard internal purchasing process including, but not limited to, a separate requisition in which funds will
encumbered. However, the total obligation of the State is also limited to the amount of funds legislatively
appropriated and administratively allocated to this project.
The City shall provide funding up for it's responsibilities tinder Article 11(c) above up to but not to exceed
$750,000. Reimbursement will be due within thirty (30) days of the State's presentation of invoices for services
performed.
IV. LIABILITY
Each patty agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the
law and shall not be responsible for the acts of the other party and the results thereof. The State's liability shall
be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, and other
applicable law. The City's liability shall be governed by and limited to the amount set forth in Minnesota
Statutes, Sections 466.01- 466.15, and other applicable law.
V. TERM
a. Effective Date: December 1, 2012, or the State obtains all required signatures under Minnesota Statutes
Section 16C.05, Subdivision 2, whichever is later.
b. Expiration Date: December 1, 2013, for a period of three (3) years except as otherwise provided herein or
agreed to in writing by both parties.
VI. AUDIT
Luce Line State Trail 2 of 4
Mcleod County Segment /City of Hutchinson
MnDNR Parks & Trails 18Nov12
Lb�)
Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting procedures and
practices of the City relevant to the agreement shall be subject to examination by the Commissioner of Natural
Resources, the Legislative Auditor and the State Auditor for a minimum of six years from the end of this
agreement.
VII. ANTITRUST
The City hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in
connection with this Agreement resulting from antitrust violations that arose under the antitrust laws of the
United States and the antitrust laws of the State of Minnesota.
VIII, CANCELLATION
This Agreement may be cancelled by the State at any time with cause or as necessary as provided in Article 111,
upon thirty (30) days written notice to the City. This Agreement may also be cancelled by the State if it does not
obtain funding from the Minnesota Legislature, or other funding sources, or if funding cannot be continued at a
level sufficient to allow for the completion of the activities covered under this agreement. The State will notify
the City by written or fax notice. The State will not be obligated to pay for services provided after the notice is
given and the effective date of cancellation. The State will not be assessed any penalty if the agreement is
cancelled because of a decision of the Minnesota Legislature, or other funding source, not to appropriate the
necessary funds. The State shall provide the City notice of lack of funding within a reasonable time of the
State's receiving that notice.
IX. GOVERNMENT DATA PRACTICES
The City and the State must comply with the Minnesota Data Practices Act, Minn, Stat. Ch. 13, as it applies to all
data provided by the State under this agreement, and as it applies to all data created, collected, received, stored,
used, maintained, or disseminated by the City wider this agreement. The civil remedies of Minn. Stat. 13.08
apply to the release of the data referred to in this clause by either the City or the State.
X. PUBLICITY AND ENDORSEMENT
Any publicity regarding the subject matter of this agreement must identify the Stale as the sponsoring agency and
must not be released without prior written approval from the State's Authorized Representative. For purposes of
this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and
similar public notices prepared by or for the City individually or jointly with others, or any subcontractors, with
respect to the program and services provided from this agreement.
XI. COMPLETE AGREEMENT
This Agreement, and amendments, constitutes the entire agreement between the parties. Any amendment to this
agreement must be in writing and will not be effective until it has been executed and approved by the same
patties who executed and approved the original agreement, or their successors in office.
XII. OTHER TERMS AND CONDITIONS
NOTICES: Any notice, demand or communication under this Agreement by either party to the other shall be
deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid to:
The State The City
Minnesota Department of Natural Resources City of Hutchinson
Parks and Trails Division District Supervisor City Engineer
261 Highway 15 South 11 I Hassan Street SE
New Ulm, MN Hutchinson, MN 55350
Luce Line State Trail 3 of 4
Mcleod County Segment / City of Hutchinson
MnDNR Parks & Trails 18Nov12
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IN WITNESS WHEREOF, the patties have caused the Agreement to be duly executed intending to be bound thereby.
DEPARTMENT OF NATURAL RESOURCES CITY OF HUTCHINSON
By:
Title:
Date:
DEPARTMENT OF ADMINISTRATION
Delegated to Materials Management Division
By:
Title:
Date:
(Effective Date)
STATE ENCUMBERANCE VERIFICATION
Individual certifies that funds have been encumbered as req
by Minn. Stat. 16A.15 and 16C.05 ..
Signed: ; ,/1"/�/,/./ LCL ;'1 '�/ -A—,'
Dater
Contract.
Luce Line State Trail 4 of4
Mcleod County Segment / City of Hutchinson
MnDNR Parks & Trails ISNov12
By:
Title:
Date:
CITY OF HUTCHINSON
By:
Title:
Date:
MINUTES
Special Meeting — Hutchinson Utilities Commission
Monday, November 26, 2012
Called to order at 12:05 p.m.
Members present: President Dwight Bordson; Vice President Craig Lenz; Secretary
Leon Johnson; Commissioner Monty Morrow; Commissioner Anthony Hanson; Attorney
Marc Sebora; General Manager Michael Kumm.
Guests: Jeremy Carter (City), Mayor Steve Cook, and Council Member Chad
Czmowski.
GM Kumm presented five -year financial forecasts and an overview of combined income
statements for both electric and natural gas. The current 2.75% PILOT (Payment in Lieu
of Taxes) of operating revenue was compared to a formula of 5% of operating revenue
and then 5% of retail revenue.
Discussion was held that the PILOT formula could include the following transfer items:
roadway lighting, tree planting, information technology, human resources and legal
services.
The Board will review the information GM Kumm presented and discuss in the next
regular commission Meeting.
Meeting adjourned at 1:18 p.m.
ATTEST:
Dwight Bordson, President
Leon Johnson, Secretary
1ll
MINUTES
Regular Meeting — Hutchinson Utilities Commission
Wednesday, November 28, 2012
Call to order — 3:00 p.m.
President Bordson called the meeting to order. Members present: President Dwight
Bordson; Vice President Craig Lenz; Secretary Leon Johnson; Commissioner Anthony
Hanson; Commissioner Monty Morrow; Attorney Marc Sebora; General Manager
Michael Kumm.
Guest: Terry Davis (Hutchinson Leader)
1, Approve Minutes of October 31, 2012 Regular Meeting
The minutes of the October 31, 2012 regular meeting were reviewed. A motion
was made by Commissioner Morrow, seconded by Commissioner Hanson to
approve the minutes. Motion was unanimously carried.
2. Summary of Closed Meeting Proceedings for the General Manager
Performance Appraisal Held on October 31, 2012
President Bordson presented the Summary of Closed Meeting Proceedings for the
General Manager Performance Appraisal. After discussion, a motion was made by
Vice President Lenz, seconded by Secretary Johnson to approve the Summary of
Closed Meeting Proceedings for the General Manager Performance Appraisal Held
on October 31, 2012. Motion was unanimously carried. (Summary attached.)
Consideration for Approval of Employment Contract with General Manager,
Mike Kumm
President Bordson presented the Employment Contract with General Manager,
Mike Kumm. After discussion, a motion was made by Secretary Johnson,
seconded by Vice President Lenz to approve the Employment Contract with
General Manager, Mike Kumm. Motion was unanimously carried. (Employment
Contract attached.)
4. Ratify Payment of Bills for October 2012
The October 2012 payables were discussed. A motion was made by Vice
President Lenz, seconded by Commissioner Hanson to ratify the payment of bills
in the amount of $3,091,218.10. (detailed listing in payables book). Motion was
unanimously carried.
5. Approve Financial Statements /Budget Year to Date
GM Kumm presented the October 2012 financial statements /budget year -to -date.
After discussion, a motion was made by Vice President Lenz, seconded by
Commissioner Morrow to approve the financial statements /budget year -to -date.
Motion was unanimously carried.
6. Approve Changes to Mission Statement
GM Kumm presented the changes to the Mission Statement. These changes
reflect the changes the Board requested. A motion was made by Commissioner
Hanson, seconded by Secretary Johnson to approve the changes to the Mission
Statement. Motion was unanimously carried. (Changes attached.)
7. Approve Changes to Vision Statement 2
GM Kumm presented changes to Vision Statement 2. The Board discussed the
need to create criteria to complete Strategic Objective 1: Attract Quality
Candidates. The Board will discuss the criteria further in the December regular
commission meeting. A motion was made by Secretary Johnson, seconded by
Vice President Lenz to approve changes to Vision Statement 2. Motion was
unanimously carried. (Vision Statement 2 attached.)
8. Discuss Changes to the HUC By -Laws
Attorney Sebora presented the changes to HUC By -Laws: adding Section 6 —
Cooperation with City, which addresses the invitation for City Administrator to
attend HUC commission meetings along with implementing methods of sharing
employees, equipment and other resources between City and HUC. The Board
recommended adding verbiage "or designee" after each instance of "City
Administrator." After discussion, a motion was made by Commissioner Hanson,
seconded by Commissioner Morrow to add Section 6 — Cooperation with City to
the existing HUC By -Laws with the Board recommended addition of "or designee"
after each instance of "City Administrator." Motion was unanimously carried.
(Changes attached.)
9. Discuss 2013 Budget
GM Kumm gave a brief overview of the 2013 budget and invited the
Commissioners to contact him with questions or suggested changes before the
December special meeting. GM Kumm explained the focus for 2013 was to fill up
the rate stabilization funds.
10. Schedule Special Commission Meeting for Approval of 2013 Budget
Discussion was held to schedule a special meeting for the 2013 budget approval
for Thursday, December 13 at Noon. A motion was made by Commissioner
Hanson, seconded by Vice President Lenz to schedule a special meeting for the
2013 budget approval for Thursday. December 13 at Noon. Motion was
unanimously carried.
11. Approve 2013 Dental Insurance
Jan Sifferath presented the 2013 dental insurance options explaining securing
insurance with Guardian would mean HUC would be fully insured instead of self -
insured as in the past with Midwest Dental. Guardian also includes a benefit
rollover which allows employees to roll over unused benefit dollars into future years
with no cap. Staff recommends Guardian which would result in a decrease in
premium for both single and family coverage. A motion was made by
Commissioner Hanson, seconded by Vice President Lenz to approve Guardian as
HUC's 2013 dental insurance provider. Motion was unanimously carried. (2013
Dental Options attached.)
12. Approve Changes to Long -Term Disability for Exempt Employees
2
} " -_ J
Jan Sifferath presented changes to long -term disability for exempt employees only.
After discussion, a motion was made by Secretary Johnson, seconded by
Commissioner Hanson to approve changes to long -term disability for exempt
employees. Motion was unanimously carried. (Changes attached.)
13. Approve 2012 Accounts Receivable Charge -Offs
Jan Sifferath presented the 2012 accounts receivable charge -offs totaling
$4,067.15, which is lower than previous years due to the Revenue Recapture
program. After discussion, a motion was made by Vice President Lenz, seconded
by Commissioner Morrow to approve the 2012 accounts receivable charge -offs.
Motion was unanimously carried. (2012 Charge -Offs attached.
14. Approve HUC in Support of Rescinding Ordinance 132.25
GM Kumm explained the purpose of this ordinance does not exist anymore as
there is already a State statute that covers the purpose of this ordinance. A motion
was made by Vice President Lenz, seconded by Commissioner Hanson to approve
support of rescinding Ordinance 132.25. Commissioner Morrow abstained from the
voting because of a conflict of interest. Motion was carried. (Ordinance 132.25
attached.)
15. Declaring Recognition /Holiday Party on December 14, 2012 as an Open
Meeting
A motion was made by Vice President Lenz, seconded by Commissioner Hanson
to declare the Recognition /Holiday party on December 14, 2012 as an open
meeting. Motion was unanimously carried.
16. Discuss Date, Times and Potential Agenda Items for Joint Meeting with City
Discussion held regarding 2013 joint meeting with City. Board will review last
year's agenda items and discuss further in an upcoming regular meeting.
17. Reschedule December 26 Regular Commission Meeting to January 2, 2013
Discussion was held to reschedule December's regular meeting to January 2, 2013
at 3:00 p.m. A motion was made by Commissioner Hanson, seconded by Vice
President Lenz to reschedule December's regular meeting to January 2, 2013 at
3:00 p.m. Motion was unanimously carried.
18. Approve Changes to Policies and Requirements Booklet
GM Kumm presented changes to the policies and requirements booklet, sections:
• Automatic Bill Payment Plan
• Budget Payment Plan
• Landlord Acknowledgement
Staff recommended changes to Budget Payment Plan by adding "who have been
at their present location for 12 months or greater." to the first sentence, due to past
practice. No changes were recommended for sections Automatic Bill Payment
Plan, and Landlord Acknowledgement. After further discussion, a motion was
made by Secretary Johnson, seconded by Vice President Lenz to approve the
changes to the policies and requirements booklet, sections: automatic bill payment
�_
plan; budget payment plan; and landlord acknowledgement. Motion was
unanimously carried. (Changes attached.)
19. Approve Changes to Exempt and Non - Exempt Handbooks
GM Kumm presented changes to the exempt and non - exempt handbooks,
sections: hiring; probationary period upon hiring; and temporary employees. No
changes were recommended for sections hiring, and temporary employees. In
section, probationary period upon hiring, staff recommended replacing
"Commission" with "General Manager ", due to past practice.
Also, in section probationary period upon hiring, the Board recommended changes
to the second sentence to read: "During this qualifying period, the employee's
Director, Manager or Supervisor should discuss with the employee, the employee's
progress in becoming fully acquainted with the job and co- workers.
A motion was made by Secretary Johnson, seconded by Commissioner Hanson to
approve the changes to the exempt and non - exempt handbooks, section:
probationary period upon hiring. Motion was unanimously carried. (Changes
attached.)
20. Communication from the City Administrator
City Administrator Carter was absent.
21. Division Reports
Finance — Jared Martig
• Trane is working all week on conservation upgrades to HUC office building.
Business — Jan Sifferath
Working on end -of year benefit updates.
Electric — Steve Lancaster
• Projecting to start unit 5 in a couple weeks. Conducting emissions and
performance testing on January 7, 2013.
GM Kumm reported HUC was awarded the capacity contract with Dairyland Power
Cooperative.
22. Legal Update
Nothing to report
Unfinished Business
• Update from City Attorney on Patent for the Real -Time Auto - Suggestion for
Nodal Delivery in Energy Networks
GM Kumm met with patent attorney and will provide him a flow chart and
examples of how HUC has used the model.
Discussion Regarding Pre -Pay for Natural Gas
GM Kumm reported no update.
2
;l -to-)
Discuss Credit Card Payments
Jan Sifferath is continuing to work on implementing a utility interchange
agreement for HUC which will result in a substantial decrease in credit card
processing fees.
New Business
Set Date for PILOT Discussion
The Board requested this item be put on the December regular commission
meeting agenda (rescheduled for January 2, 2013). After discussion, President
Bordson requested GM Kumm bring alternative PILOT recommendations back
to the Board.
There being no further business, a motion was made by Commissioner Hanson,
seconded by Vice President Lenz to adjourn the meeting at 5:18 p.m. Motion was
unanimously carried.
ATTEST:
Dwight Bordson, President
5
Leon Johnson, Secretary
I �-L)
MINUTES
Special Meeting — Hutchinson Utilities Commission
Thursday, December 13, 2012
Called to order at Noon.
Members present: President Dwight Bordson; Vice President Craig Lenz; Secretary
Leon Johnson; Commissioner Monty Morrow; Commissioner Anthony Hanson; Attorney
Marc Sebora; General Manager Michael Kumm.
GM Kumm presented the 2013 budget. After discussion, a motion was made by Vice
President Lenz, seconded by Commissioner Hanson to approve the 2013 budget.
Motion was unanimously carried.
Steve Lancaster presented the Compliance Extension Request explaining this is a
formality to get an emissions air permit extension. After discussion, a motion was made
by Commissioner Morrow, seconded by Vice President Lenz to approve the Compliance
Extension Request. Motion was unanimously carried. (Compliance Extension attached.)
There being no further business, a motion was made by Commissioner Hanson,
seconded by Vice President Lenz to adjourn the meeting at 12:37 p.m. Motion was
unanimously carried.
ATTEST:
Dwight Bordson, President
Leon Johnson, Secretary
� k��)
To: Mayor and Council
From: Candice Woods, Liquor Hutch Director
Date: 01/01/2013
Re: Quarterly Report October - December 2012
2012
2011
Change
Year to Date Sales: $5,327,886
$5,098,647
4.5% increase
Liquor $1,763,692
$1,685,239
4.7% increase
Beer $2,606,407
$2,498,062
4.3% increase
Wine $ 851,635
$ 807,213
5.5% increase
Year to Date Gross Profit Dollars:
$1,334,805
$1,263,927 5.6% increase
Customer Count:
225,068
220,322 2.2% increase
Average Sale per Customer:
$23.67
$23.14
Gross Profit Percentage:
25.05%
24.79%
Annual Inventory Turnover
12.5 times
11.9 times
(Note:
Industry Benchmarks
GP %= 23% Turnover = 8 times)
Fourth Quarter Store Activity Highlights:
• Annual Brewery Price Changes occur in October and all Liquor Hutch beer pricing reviewed
• Three monthly Grape Vine wine tasting events resulted in sales of $2,343
• Fall Pub Club beer tasting event featuring Third Street Brewhouse attended by 82 members
• Participated with 4 tables and 6 vendors at the Chamber Taste of Holidays event
• Participated with a wine tasting table and giveaways at the Taste of Home Cooking School
event sponsored by the Hutchinson Leader
• All employees attended Beverage Alcohol Server Training and a store meeting to review store
policies and focus products for the Holiday season
• 28 In store tasting events, including a special tasting with Kieran Folliard of 2 Gingers Irish
Whiskey that results in the sell through of 414 bottles of 2 Gingers throughout the Holiday
season
• All staff tasted barrel samples, voted on and selected a complete barrel of Elijah Craig 12 yr
Bourbon that was then bottled with a "Specially for Liquor Hutch" label. Barrel = 96 bottles @
$17.99 retail and staff sold all in less than 4 weeks
• Thanksgiving, Christmas and New Year advertising done with local media
Further details of all statistics have been provided to the Administrative Department. Please feel free to contact me
with any questions or requests for additional data.
1jiRA
Hutchinson Housing 6
Redevelopment Authority
Regular Board Meeting Tuesday, October 16, 2012, 7:00 AM
Minutes
1. CALL TO ORDER: Vice Chairman Joel Kraft called the meeting to order. Members Present: Bill
Arndt, LouAnn Holmquist, and LaVonne Hansen. Staff Present: Jean Ward and Judy Flemming.
2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON SEPTEMBER 18, 2012
LaVonne Hansen moved to approve the Minutes of the regular board meeting as written. Bill Arndt
seconded and the motion carried unanimously.
3. FINANCIAL REPORTS
a. LaVonne Hansen moved to approve the City Center General Fund payments of $73,072.82 for
checks 8157 to 8172 and consideration of September 2012 City Center Financial Statements. Bill
Arndt seconded and the motion carried unanimously.
In. Bill Arndt moved to approve the Park Towers payments of $34,854.18 for checks 12128 to 12163
and consideration of Park Towers August 30, 2012 Financial Statements. LaVonne Hansen
seconded and the motion carried unanimously.
4. PARK TOWERS UPDATE
a. Occupancy Update — currently there is one vacancy but it is in process to be filled.
b. LaVonne Hansen moved to approve Resolution #2012 -16 to write off bad debt. LouAnn
Holmquist seconded and the motion carried unanimously.
c. Bill Arndt moved to approve Resolution 42012 -17 to void checks. LouAnn Holmquist seconded
and the motion carried unanimously.
5. 734 SOUTHVIEW DRIVE UPDATE
Judy Flemming updated the Board on the progress of the rehab.
6. CONSIDERATION OF REVISED HRA FEE SCHEDULE 9/2012
LaVonne Hansen moved to approve the revised HRA Fee Schedule 9/2012. LouAnn Holmquist
seconded and the motion carried unanimously.
7. CONSIDERATION OF SHORT SALE REQUEST TO ISSUE SATISFACTION OF MORTGAGE
FOR ENTRY COST ASSISTANCE LOAN - E.H. CASA, BRENNEMAN DOCUMENT #T -44694
CONTINENGENT TO LOAN REVIEW COMMITTEE APPROVAL
LouAnn Holmquist moved to approve the short sale request to issue a satisfaction of mortgage for the
Entry Cost Assistance loan, E.H. CASA — Brenneman document 4T -44694 contingent to the loan
review committee's approval. LaVonne Hansen seconded and the motion carried unanimously.
8. FYI FORECLOSURE REPORT
9. CONSIDERATION OF APPROVAL OF PROGRAM CRITERIA FOR PROPOSED HRA REHAB
LOAN PROGRAM RESOLUTION # 2012 -18
Jean Ward reviewed with the Board the program criteria for the proposed HRA Rehab loan program.
LaVonne Hansen moved to approve the program criteria for the proposed HRA Rehab loan program
October 16, 2012 Minutes Page 1 of 2
ll �&
Resolution 42012 -18 and to allocate $40,000 for the program. LouAnn Holmquist seconded and the
motion carried unanimously.
10. RESEARCH REGARDING VACANT PROPERTIES NOT SUITABLE FOR REHAB. NO STATE
MONEY TO ACQUIRE /DEMOLISH AND HOLD THE LOT. ACCORDING TO CRV MAY
APPLY FOR DEMOLITION BUT WOULD HAVE TO IMMEDIATELY BUILD A NEW HOUSE
ON THE VACANT LOT AND WOULD NEED TO APPLY FOR FUNDING AT THE NEXT REP.
PRIORITY IS GIVEN TO FORECLOSURES.
Jean Ward reviewed with the Board the findings of her research.
11. SCDP PROGRAM UPDATE
a. 2012 Annual SCDP Report Submitted to DEED
b. LouAnn Holmquist moved to approve NENE SCDP Loan, Anderson contingent to Loan Review
Committee's approval. LaVonne Hansen seconded and the motion carried unanimously.
12. CORRESPONDENCE
• Jean reviewed with the Board the draft Maxfield Housing Study. She is setting up a date for a
presentation of the final study for the HRA Board, local lenders and realtors.
13. ADJOURNMENT
LaVonne Hansen moved to adjourn and Bill Arndt seconded. There being no other business, Vice
Chairman Joel Kraft declared the meeting adjourned.
Recorded by Jean Ward, HRA Executive Director
� Il
Hansen, Secretary /Treasurer
October 16, 2012 Minutes Page 2 of 2 1 4,`C-)