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cp01-22-2013No Workshop AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL THURSDAY, JANUARY 22, 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 JANUARY 8, 2013 Action — Motion to approve as presented 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have een e egate to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 13 -702 -AN ORDINANCE REVISING CHAPTER 94— CEMETERIES (SECOND READING AND ADOPTION) (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A SITE PLAN REVIEW AND CONDITIONAL USE PERMIT TO REBUILD THE MCDONALD'S RESTAURANT WITH DRIVE THRU ON THE EXISTING LOT AT 1098 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14094) (c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO 3M CLUB ON MARCH 29, 2013 (d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO UPPER MIDWEST A -C CLUB ON JULY 28, 2013, AT MCLEOD COUNTY FAIRGROUNDS (e) APPOINTMENT OF JONNY BLOCK TO ECONOMIC DEVELOPMENT AUTHORITY BOARD TO DECEMBER 2018 (f) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2013 PAVEMENT MANAGEMENT PROGRAM PROJECT — LETTING NO. 3, PROJECT NO. 13 -03 (ORDERING PREPARATION OF REPORT AND CALLING HEARING ON IMPROVEMENT) (g) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR PERFORMANCE APPRAISAL SESSION HELD ON JANUARY 8, 2013 CITY COUNCIL AGENDA —JANUARY 22, 2013 (h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 8. PUBLIC HEARINGS — 6:00 P.M. (a) JEFFERSON STREET SE RECONSTRUCTION PHASE I PROJECT — LETTING NO. 1, PROJECT NO. 13 -01 (ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS) Action — Motion to reject — Motion to approve 9. COMMUNICATIONS RE VESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. A ways loo ing towar the Juture, not monitoring past) (a) UPDATE ON ARMER RADIO SYSTEM Action - 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF DRAINAGE AND UTILITY EASEMENT ACQUISITION AT #40 AIRPORT ROAD Action — Motion to reject — Motion to approve (b) CONSIDERATION ORDINANCE ADOPTING E THE HUTINSON CIITY ODE PERTAINING O FOOD V NDORS(FI ST READING, ST SECOND READING AND ADOPTION FOR FEBRUARY 12, 2013) Action — Motion to reject — Motion to approve (c) THE HUUTCHNSON CITY ORDINANCE ODE — ANIMALS (FIR T READING, SET S COND READING AND ADOPTION FOR FEBRUARY 12, 2013) (d) E T ORDINANCE SECTION OF THHUCHN ON CITY CODE PERTAINING O MOTORIZED SCOOTERS (FIRSTREADING, SET SECOND READING AND ADOPTION FOR FEBRUARY 12, 2013) Action — Motion to reject — Motion to approve (e) CONSIDERATION NOORDINANCE IE 34 OF HUTINSONCII CODEDMNIISTRATI PENALTIES (FIRST READING, ST SECOND READING AND ADOPTION FOR FEBRUARY 12, 2013) Action — Motion to reject — Motion to approve 12. GOVERNANCE (Purpose: to assess past organizationalperformance, developpolicy thatguides the organization and Council an manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR DECEMBER 2012 (b) SIDEWALK SNOW REMOVAL MONTHLY REPORT FOR DECEMBER 2012 (c) CITY OF HUTCHNSON FNANCIAL REPORTS FOR DECEMBER 2012 (UNAUDITED) 2 CITY COUNCIL AGENDA — JANUARY 22, 2013 (d) CITY OF HUTCHINSON INVESTMENT REPORT FOR DECEMBER 2012 (e) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM NOVEMBER 20, 2012, AND DECEMBER 18, 2012 (1) PLANNING COMMISSION MINUTES FROM NOVEMBER 20, 2012 13. MISCELLANEOUS 14. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 8, 2013 CALL TO ORDER — 5:30 P.M. Mayor Steve Cook ca e t e meeting to order. Members present were Mary Christensen, Chad Czmowski, Bill Arndt and Gary Forcier. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Laura Aase, River of Hope, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Mary Christensen recognized the fire department on their two -year safety record. The department has gone two years with no injuries. Mayor Cook recognized Bill and JoAnn Arndt for their award received as outstanding conservationists by the Minnesota Association of Soil and Water Conservation Districts. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF DECEMBER 20, 2012 (b) ORGANIZATIONAL MEETING MINUTES OF JANUARY 2, 2013 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 delegated tot the 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 Item 7(a)1 was pulled for separate discussion. Motion by Arndt, second by Czmowski, to approve the consent agenda with the exception of Item 7(a)1. Motion carried unanimously. Item 7(a)1 had further discussion. Council Member Christensen noted that she has received concerns from citizens on this ordinance — such as vacant homes along the trail and trails that run in the backyard of a residence. Council Member Christensen has received inquiries as to who is responsible for these types of situations. Mayor Cook noted that these types of questions should be directed to the City Administrator. (16) CITY COUNCIL MINUTES — JANUARY 8, 2013 Mayor Cook did share that if a home is vacant and owned by a mortgage company, the mortgage company can work with the city on having snow removal contracted out. Mayor Cook mentioned that with trails that run on the sideyard or backyard, it is the homeowner's responsibility unless and until the City is able to aid in snow removal. Mayor Cook reminded residents that only four feet of the trail needs to be cleared and not the entire width. Council Member Arndt expressed that he feels trails should be cleaned off by City personnel as quickly as alleyways are. Jeremy Carter, City Administrator, spoke to the City's priority of clearing streets first and the priority listing of sidewalks and trails. Mr. Carter noted the City is aware that there are situations where a trail portion is difficult to have snow removed by a homeowner. If a specific situation needs to be taken care, staff needs to be notified. Motion by Christensen, second by Arndt, to approve Item 7(a)1. 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. Always 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) John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that Dobratz Hantge Funeral Chapels and Darwin Monuments contributed to the revising of this ordinance, as well as other staff members. Mr. Olson noted that the biggest revisions include amendments to the categories of memorials, permits, vehicles, and cemetery funds. The main driver behind the revisions are to bring forth good customer service. Discussion was held regarding the use of a perpetual care fund. The City in essence does not use a perpetual care fund, instead it uses a cemetery fund. No perpetual care fee has ever been received or defined. Instead, fees have been designated internally for future cemetery improvements. Clarification was made to Section 94.41(J) pertaining to motorcycles. This section appears to say that motorcycles are not allowed within the cemetery. Council Member Christensen asked if this means that those visiting gravesites arriving on motorcycles are not allowed. Mr. Olson noted that motorcycles will be removed from this section and added to the section pertaining to automobile regulations. Motion by Christensen, second by Forcier, to set second reading and adoption of Ordinance No. 13 -702 for January 22, 2013, with the language revision to 94.41(J). Motion carried unanimously. (b) CONSIDERATION OF RECISSION OF LUCE LINE STATE TRAIL AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES Mayor Cook noted that some concern had been raised since the Council approved the agreement for the Luce Line State Trail. The concerns centered around the perceived interest of Council Member Czmowski's financial gain with the improvement of the Luce Line Trail since Council Member Czmowski owns a bicycle shop and because of a statement he made at a meeting (non - council) about an expected gain the shop would see as a n example of the broader community benefit the trail would provide to local businesses.. Council Member Czmowski inquired as to what kind of precedent this might set, as in will he have to continually abstain from items that might somewhat relate to the use of bicycles. City Attorney Marc Sebora noted that, as he presented at the organizational meeting, when items being W 6--) CITY COUNCIL MINUTES —JANUARY 8, 2013 considered are for the broad benefit of the community, and no direct benefit is noted, abstention should not be necessary. Items may need to be considered on a case —by -case basis. Motion by Arndt, second by Cook, to rescind Luce Line State Trail agreement with Minnesota Department of Natural Resources. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF LUCE LINE STATE TRAIL AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES Mayor Cook distributed Resolution No. 14093, a Resolution Approving an Agreement to Pave the Luce Line State Trail in Cooperation with the State of Minnesota. Mayor Cook mentioned that the EDA has agreed to contribute $100,000 of the City's $750,000 contribution to improvement of the trail. Mayor Cook also mentioned that as part of the project 2.4 miles of the trail in the City of Hutchinson will be reclaimed, which is at a cost of about $224,000. Mayor Cook also mentioned the multitude of other governmental agencies and organizations that are in support of the improvement of the Luce Line State Trail. Glen Sladek, 15575 130`h Street, presented before the Council. Mr. Sladek asked how often the trail is reclaimed. Mayor Cook mentioned the trail was paved approximately 15 years ago and has not been reclaimed to date. Mr. Sladek commented on the ongoing maintenance costs associated with the trail. Fred Barlau, 926 Hassan Street, presented before the Council. Mr. Marlowe raised concerns on whether or not this is an all- inclusive project or if it will be done in fragments. Mr. Marlowe also raised concerns of spending money for the trail outside the city limits. Mr. Marlowe feels that improvements could be made within the City of Hutchinson. George Jones, McLeod County Trail Administrator, presented before the Council. Mr. Jones asked if language could be added to the Resolution indicating that snowmobile use will continue to be allowed on the trail. Mr. Jones expressed that he feels money would be better spent on the Dakota Trail connection near Lester Prairie. Mr. Jones raised concerns that the improved Luce Line Trail will stop at the Carver County line with a crushed granite surface. Motion by Arndt, second by Christensen, with Czmowski abstaining, to approve Luce Line State Trail agreement with Minnesota Department of Natural Resources and approving Resolution No. 14093 including language with examples of multi -uses of the trail, including snowmobiles. Roll call vote was taken: Christensen — aye; Arndt — aye; Forcier — nay; Cook - aye. Motion carried 3 to 1 with one abstention. Motion carried unanimously. 12. GOVERNANCE (Purpose: to assess pastorganizationl performance, developpolicy that guides the organizationand Council 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 16, 2012 13. MISCELLANEOUS Chad Czmowski — Council Member Czmowski mentioned that McLeod For Tomorrow is holding a Winter Festival on February 2, 2013. Mayor Cook — Mayor Cook suggested putting together a meeting with the local legislators. He asked the Council Members to think of any topics they feel they wish to discuss with the legislators. L'I'a-) CITY COUNCIL MINUTES— JANUARY 8, 2013 Council Member Czmowski mentioned that the Chamber of Commerce annual banquet is January 25, 2013, at the Event Center. Motion by Czmowski, second by Arndt, to set Chamber of Commerce Annual Banquet on January 25, 2013, as a public meeting. Motion carried unanimously. 14. ADJOURN Motion by Arndt, second by Cook, to adjourn at 6:50 p.m. Motion carried unanimously. (V to—) 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, sole agreement, exceptions, 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 94.20 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 94.42 Fees, gratuities and commissions prohibited 94.43 Protection against loss or damage; disclaimer 94.44 Cemetery funds 94.45 Memorials; standards and permits 94.46 Memorials; construction regulations f C,:zJ' 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 entombment of cremains. CREMAINS. Cremated human remains. GRAVE. A space of ground or structure reserved for interment or entombment 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. `l t-q-) I § 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, TRANSFER, ASSIGNMENT; CITY CONSENT REQUIRED (A) Descent of cemetery lots. Descent of title and ownership of lots in case of death shall be subject to Minnesota State Statute 525.14. (B) Lot Transfers. 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. 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. I LJ I § 94.17 LOT SUBDIVISION PROHIBITED. The subdivision of lots is not allowed, and no one shall be interred in any lot except that they have an interest therein or 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 regra& 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 purpose. (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 United States Postal Service 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. (13) One or two urns may be entombed in a columbaria niche, provided there is adequate space. (C) Purchase of a columbarium niche shall include one bronze front plaque, regardless of the number of remains entombed, the size, design and color of which shall be determined by the city. `L) (D) No item shall be affixed to the columbarium, unless herein provided. One one- and -one- half inch (1 %z ") 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. Other 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 items are affixed contrary to the memorial permit, they may be removed by the city at the lot owner's expense. (F) The city shall provide a central planter near columbaria for placement of flowers and other ornamentation, at the lot owners' expense, 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 (' /z) 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 repurchase. 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. qLQ,-)i § 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 after 4:00 p.m. or more than 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 afe 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. (F Orders, other than written instructions. The city shall not be held responsible for any order given by means other than clearly 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, or as otherwise directed by the lot owner. (H) Delays caused by protests. The city shall in no way be liable for any delay in the interment or disinterment where a protest to the interment or disinterment has been made, or where ordinances or permits have not been complied with. The city may require any protest to be filed in writing. (I) Not responsible for identification or embalming. 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. qM� (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 other considerations made 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 different 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 allowed. § 94.38 PAYMENTS. (A) Payment of service charges. TW &harges for dW 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. 4� Lq,1 (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 a monument. 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 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 item may be affixed to monuments, except that a certain item may be affixed to the face of monuments, provided it does not protrude more than one inch (1 ") beyond the face of the monument and does not exceed twenty square inches (20 sq. in.) in size, and is 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. ' L)� (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. The city may remove non - conforming flower holders. (.1) Flower holders shall 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 or other holders damaged 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. (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. [Ct) 1 (1) lulonwhile.s. Automobiles including nwtorcycle*anriA"ol�etikyns ed iele5�shall not be driven through the grounds at speeds _rcatcr than 15 miles per hour, and must always be kept on the right side of the cemetery roadway s. 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. Of Recreational vehicles. No motorized recreational vehicles, including but not limited to, motorized scooters, ^ate; 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 funerais or on business. !'his 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 %Nrthin the cemetery without the approval of the city. Violation of these ordinances may result in dismissal from cemetery property. t i t" reurms. No firearms shall be permitted within the cemetery except on special permit from the ed maiiagement of a" r" eanstii"' °'t authefities, or at a military or veteran funeral. f Ml Votr,es and adverou menls. No signs, notices or advertisements of any kind shall be allowed in the cemetery unless placed by the city. f r Pats. Pets shall not be allowed on the cemetery grounds or in any of the buildings r 0 flours_ i"he cemetery grounds shalt remain open from 8:00 a.m. to 4:30 p.m., Monday through Friday, and at other times by special arrangements. I Pj lmproprielles There shall be observance of all proprieties at the cemetery, whether embraced in these ordinances or not. Improprieties ahall not be allowed, and the city shall prevent anprouer hehaviors and assemblages. Qj CIrIY to en.,torce 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, tot owners and visitors. § 94.42 FEES, GRATUITIES AND CONIiNIISSIONS 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 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 owned by lot owners that may be 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 be used 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 made 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. f� LO-) � § 94.45 MEMORIALS; STANDARDS AND 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 indicated for each type of memorial, based on the size of the grave and lot, as prescribed by the city. 3) A permit, obtained 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 mausoleums may be allowed in areas of the cemetery where adequate space may be purchased and be subject to provisions herein. (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 other marker 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 "), unless other restrictions are necessary based on the size and type of property. 3) Veterans' markers approved by the Department of Veterans' Affairsi may be affixed onto monuments, as provided herein. I (kj ti (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. The city may also approve washes of natural stone, provided they shall have less ongoing maintenance when compared to cement washes. (F) Bronze as part of memorials. Bronze that is imbedded on a memorial must be recessed so as to be flush with the surrounding stone or cement, except that any bronze lettering or design shall protrude no more than one - quarter inch (1/4 ") above the surface of a marker or one inch (1 ") from the surface of a monument. (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, any 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 and shall be approved only by special permit issued by the city. (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 MEMORIALS; 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. (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 if 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 a worker 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. Only upon the written order of the lot owner and permission being subsequently granted by the city shall a memorial be removed. l �' MEMORANDUM DATE: January 16, 2013, for the January 22, 2013, City Council Meeting TO: Hutchinson City Council FROM: Bonnie Baumetz, Planning Coordinator SUBJECT: Consideration of a site plan review and conditional use permit requested by McDonalds USA LLC to allow demolition and reconstruction of building and construct a new drive thru service located at 1098 Hwy 15 S Backaround: The applicant is requesting a site plan review for demolition and construction of a new McDonald's Restaurant on existing lot at 1098 Hwy 15 S. The conditional use permit is to approve the new drive -thru with second order point. McDonald's Corp. received the first building permit in 1981. There have been several additions and modifications since the original building was constructed. In 1986, a permit was approved for a curb opening on Century Ave. after the Subdivision Agreement was amended by the City council in 1985. The only stipulation was that the access would be an "entrance only" drive. A permit was granted for a drive thru window in 1987. In September, 2010, a conditional use permit and site plan review was approved for a second order point for the drive -thru. (a)The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b)The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c)The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Additional information is contained in the attached staff report and attachments. City Council Memo January 16, 2013 McDonalds USA LLC Conditional use permit and site plan review Page 2 Planning Commission Meeting: The Planning Commission held a public hearing and considered the request at their January 15' meeting. Recommendation: The Planning Commission recommended approval of the request with the following amended recommendations: 1. The standards for granting a conditional use permit would be met, subject to the conditions 2. stated. The proposed building and site improvements shall comply with the standards of the C -4 3. district and the Zoning Ordinance. The driveway opening off Century Ave must be an entrance only per the 1985 amended subdivision agreement and limited to 20 feet in width and modify radius if needed. 4. There must be emergency service access around the building. Fire hydrants must be located no farther than 400 feet from the building. 5. Exterior lighting must be indirect and shall not cause glare to adjacent properties. 6. Exterior refuse collection area must be fully screened. 7. Final landscape plan information must be provided to the City Arborist for final review. One tree is required for each 800 square feet of green space. 8. Any signage for the use will require a sign permit. shall remain in effect as long as the conditions required by the 9. The conditional use permit permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. 10. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. Requested Action: Approval of the following: 1. Approval of the Conditional Use Permit and Site Plan Review to allow demolition and reconstruction of building and construct a new drive thru service located at 1098 Hwy 15 S with the conditions listed above. q ['�)) CITY OF 11UTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14094 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT AND SITE PLAN REVIEW APPLICATIONS REQUESTED BY MCDONALDS USA LLC TO ALLOW DEMOLITION AND RECONSTRUCTION OF BUILDING AND CONSTRUCT NEW DRIVE THRU SERVICE LOCATED AT 1098 HWY 15 S FACTS 1. McDonalds USA LLC is the owner of a parcel of land located at 1098 Hwy 15 S, Hutchinson Minnesota; and, 2. The subject property is legally described as: Lot 2, Block 2, Hutchinson Mall 3. McDonalds USA LLC has applied to the City for a site plan review and conditional use permit to allow redevelopment of the McDonalds site at 1098 Hwy 15 S, Hutchinson MN. 4. The Planning Commission met on January 15, 2013, and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request subject to the following findings and conditions: 1. The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. The proposed building and site improvements shall comply with the standards of the C -4 district and the Zoning Ordinance. 3. The driveway opening off Century Ave must be an entrance only per the 1985 amended subdivision agreement and limited to 20 feet in width and modify radius if needed. 4. There must be emergency service access around the building. Fire hydrants must be located no farther than 400 feet from the building. 5. Exterior lighting must be indirect and shall not cause glare to adjacent properties. 6. Exterior refuse collection area must be fully screened. 7. Final landscape plan information must be provided to the City Arborist for final review. One tree is required for each 800 square feet of green space. 8. Any signage for the use will require a sign permit. 9. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. Findings of Fact — Resolution # 14094 McDonalds conditional use permit and site plan Page 2 10. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. 5. The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on January 22, 2013, and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: a. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. b. City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. c. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. d. The proposed building and site improvements shall comply with the standards of the C -4 district and the Zoning Ordinance. e. The driveway opening off Century Ave must be an entrance only per the 1985 amended subdivision agreement and limited to 20 feet in width and modify radius if needed. f. There must be emergency service access around the building. Fire hydrants must be located no farther than 400 feet from the building. g. Exterior lighting must be indirect and shall not cause glare to adjacent properties. h. Exterior refuse collection area must be fully screened. i. Final landscape plan information must be provided to the City Arborist for final review. One tree is required for each 800 square feet of green space. j. Any signage for the use will require a sign permit. k. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. APPLICABLE LAW 6. The conditional use permit request meets the following standards as required in Section 154.170 of the City of Hutchinson Municipal Code: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and Findings of Fact — Resolution # 14094 McDonalds conditional use permit and site plan Page 3 (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. CONCLUSIONS OF THE LAW The requested conditional use permit and site plan is consistent with the comprehensive plan. 8. The proposed use will not have a substantial or undue adverse effect upon adjacent property, character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare. 9. The proposed use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a conditional use permit and site plan to allow McDonalds USA LLC to redevelop the existing site with drive thru service at 1098 Hwy 15 South, Hutchinson MN, is approved. Adopted by the City Council this 22nd day of January, 2013. W.01CLU Jeremy J. Carter City Administrator Steven W. Cook Mayor DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Sans Thapa, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kent Exner, John Paulson, Mike Bahe, Marc Sebora, Jeremy Carter, Dan Hatten, Dick Nagy, Dan Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: January 7, 2013, for January 15, 2013, Planning Commission Meeting Application: Site Plan review and conditional use permit to rebuild the McDonald's restaurant with drive -thru on the existing lot at 1098 Hwy 15 S Applicant: McDonalds USA LLC 1. 1111106 aW.1 1 1 0 111►1 1ZK1]`II]YY[17► /: \111I.� i�17ulYY The applicant is requesting a site plan review for demolition and construction of a new McDonald's Restaurant on existing lot at 1098 Hwy 15 S. The conditional use permit is to approve the new drive -thru with second order point. L ;) 1 Site Plan Review and Conditional Use Permit McDonald's Restaurant - Rebuild Planning Commission — 1115113 Page 2 GENERAL INFORMATION Existing Zoning: C -4 (Fringe Commercial) Property Location: 1098 Hwy 15 S Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: 1.4 acres McDonald's restaurant C -4 (Fringe Commercial) Urban Commercial Design Zoning History: The area was zoned for business use in 1972. McDonald's Corp. Accessory received the first building permit in 1981. There have been several Proposed additions and modifications since the original building was constructed. Structure In 1986, a permit was approved for a curb opening on Century Ave. after or the Subdivision Agreement was amended by the City council in 1985. The only stipulation was that the access would be an "entrance only" Setback drive. A permit was granted for a drive thru window in 1987. In Setback September, 2010, a conditional use permit and site plan review was approved for a second order point for the drive -thru. Applicable Regulations: Section 154.169 and 154.064 Building: The proposed building is approximately 5,200 sq. ft. which includes a play 30 feet area of approximately 800 sq. ft. Setbacks: The proposed building recommended setbacks and requirements for the C -4 (Fringe Commercial) district are identified below. The plans would meet the building setbacks as follows: � j Principal Accessory Parking Lot Proposed Structure Building or Structure Setback Setback Circulation Setback Drive Street Right of 25 feet 20 feet 10 feet 30 feet Way Interior Lot 20 feet 6 feet 6 feet Existing Line driveway Residential 50 feet 50 feet 20 feet N/A zoning boundary � j Site Plan Review and Conditional Use Permit McDonald's Restaurant - Rebuild Planning Commission — 1/15/13 Page 3 Landscaping: Green space is proposed through -out the development with different types of grasses including feather reed grass, 15 deciduous trees, deciduous shrubs and coniferous shrubs Parking: There is a paved parking lot (55 stalls) proposed with one - way -in at Century Ave SW and two additional access openings on the west side of the lot. There are 89 seats inside the restaurant. The proposed 55 spaces meets the City's parking requirement for this use. Lighting and Signage: The plans identify building lighting and signage. Sign permits will be required prior to installation of the signage and must meet ordinance requirements. Lighting installed must be indirect and shall not produce glare on adjacent properties or public right of ways. Stormwater Management: Following the final construction plan submittal and City review, address City Environmental Specialist's SWPP comments and approval. Analysis and Recommendation: The City Council deems it is necessary and appropriate to require site plan approval of developments in certain zoning districts to preserve and promote attractive, well - planned, stable urban conditions. In addition: The following are standards for granting a conditional use permit: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. The conditional use permit is necessary to have a drive through, per the Zoning Ordinance. The site plan indicates there is enough room for vehicle stacking with the double order drive through lane. Eighty (80) feet for stacking space is needed per the Zoning Ordinance. There was significant discussion regarding the entrance off Century Ave. Staff recommends this be an entrance only as was required by City Council in 1985. I�U6) Site Plan Review and Conditional Use Permit McDonald's Restaurant - Rebuild Planning Commission — 1/15/13 Page 4 Staff recommends approval of the conditional use permit and site plan with the following recommendations: 1. The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. The proposed building and site improvements shall comply with the standards of the C -4 district and the Zoning Ordinance. 3. The driveway opening off Century Ave must be an entrance only per the 1985 amended subdivision agreement. 4. There must be emergency service access around the building. Fire hydrants must be located no farther than 400 feet from the building. 5. Exterior lighting must be indirect and shall not cause glare to adjacent properties. 6. Exterior refuse collection area must be fully screened. 7. Final landscape plan information must be provided to the City Arborist for final review. One tree is required for each 800 square feet of green space. 8. Any signage for the use will require a sign permit. 9. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. 10. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. � ) E I V H McDONALD'S USA, LLC. m HUTCHINSON, MN ID E m.wY RECEIVED DEC 18 2012 C' of Hutchinson %a 1Z, 2pµy6 Bu4tlhp p rrr.l� low. i J cal •em. u ID E m.wY RECEIVED DEC 18 2012 C' of Hutchinson %a 1Z, 2pµy6 Bu4tlhp p rrr.l� low. i J cal wa a L c F 0 R m W- Ma "ammi C1.1 CCO. ft 0 A v rr. 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Remove `Autumn Blaze' maples from plan and change to non -maple species. Possible alternatives: Triumph elm, swamp white oak. Q Center tree plantings in turf area between trail and curb i 1�tt�f111 -rr r. - -r♦ �r- �. ilII.YY. i T . y - Cc ; 1•j ' it 1 _ r1,. Remove `Autumn Blaze' maples from plan and change to non -maple species. Possible alternatives: Triumph elm, swamp white oak. Q Center tree plantings in turf area between trail and curb eamiaxr.�__ ED �e= •ra+esas -r e •agws __ 01— - Asa. —SWAP —aw- _ a• OA s Ilia I -LU re y ij Hl - s eaw-gar. o$lsair if MEN _ - 11 g���� Oarasrzas� ��'�!�- B_ �t�_ Ba•_— �•••_._ ass- •_.___._ ®�e�raa�a�r��• L� a @_ 0 —�—� a:�aa: , -�nl /3 I I I Hassan street southeast Hutchinson, MN 55350 (320) 587 -515 I/Fax:(320) 234 -4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application Type ❑ Short Term Date(s) .3 - �l- % 3 - 3 -1 -13 Fee:. _ -- _,.,,30.00 Month/Da /Year- Month1D /Year ' G cl C/ !�1 -13 )0 9 -! -L. Organization Information l L UQ �3 zr 3y- Name hone Number ctls 4)4ans 57 SF lh 2 utn Kati 01A1 ss_3 -Sn Address where regular meeting are held City State zip Day and time of meetings? C)71 �� —rdU ; sA.J V LE E /fC O M0N1-44 Is this organization organized under the laws of the State of Minnesota? I 'yes ❑ no How long has the organization been inexistence? . How may members in the organization? /S CO What is the purpose of the organization? Cmv'[u4e'- �E4WF 4-D0 J in whose custody will organization records be kept? ma o< �Atii�� < >� ��g s��ijc-wP �l a34- 19-7 u Name Phone Number GIIS ADA01 s S r 5r �( rJ,A)S0� Y� Address City State zip E E /liUcrnAAiti.d �3�1 -1.399 TrT Name Phone Number r A) S,S3 Sa Residence Address City State zip Date of Birth: I l / 3C) / S 93 Place of Birth: Month/day /year City Have you ever been convicted of any crime other than a traffic offense? ❑ yes )(no If yes, explain: State 0 -) City of Hutchinson Application jor Bingo Gambling Devices License Page 3 of 3 -70 or CLUi _E13SL)2 te- Name Title MAJ eililracc Name Residence Address City State Zip Residence Address City State zip Name Title Address 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 Da yes L3 no Authorized Officer 16 yes ❑ no l 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. ofauthorized officer of organization of gambling manager of organization City Council ❑ approved ❑ denied Notes: Date Date � lc- Clty of I I I Hassan Street Southeast Hutchinson, MN 55350 (320) 587 -5151 Fax: (320) 234 -4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Apj2lication TXRe Short Tenn Date(s) � U L V a – a U /3 Fee: $30.00 Mont D /Year – Month/Day/Year 4iolla $OAe Or anization Information UNIF -t fY1t1cvUF-S-( A-C CU48 3QO- 93--✓gOI Name Phone Number st•4n CEN1Ugo Au 5w' _ gQTCH1tjS01V m L— 55350 Address wher6 regular meeting are held City State zip Day and time of meetings? SfiTOROA 5 4b'Nf ' 1-1- BOARD MEi 15L 5 CAN fi7T£ND• Is this organization organized under the laws of the State of Minnesota? yes ❑ no How long has the organization been in existence? i II Ao, How may members in the organization? 50c) What is the purpose of the organization? AGRICUtTumL 915TO J In whose custody will organization records be kept? LARPJ KARL 3A0 "5�3 - &y0/ —� Name Phone Number aaa14 3 aeon S7 PurcltiNsc>Al 1� AL 5535D Address City State z! L Information True Name Sac -583 —4-q0 Phone Number 2aay3 &C061 S7 Yu-rclf /NsoA(- /1 55350 Residence Address City State zip / DateofBirth: AUGUST I dg I /9`i/o PlaceofBirth: HU-jGHltt�56A) MV Month /dayfyear City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes )(no If yes, explain: n Lj) City of Hutchinson Application for Gambling Devices License Page 2 of 3 LARK KARG 320- 59a-6y0l True Name Phone Number cZ��N3 -1C0 6k SiRfE -r 44 u tCHt65o& 01 N( '5' 0 Residence Address City State Zip DateofBirth: f1UGLtST 1 a8 1 1131Nv PlaceofBirth: 8ufcN 1AJSOA( M td- .- Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes *0 If yes, explain: How long have you been a member of the organization? Game Information Location 41 M Lton CouNT 5R )aG&Q(JA)DS 59-7-aY99 Name of ocation where game will be played Phone Number 4,1I0 Ce -ruEll A t SW HurcHiNsolui —ftLf 5-5350 Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From 3'00 PM To 00 Maximum number of player: tI K o if R A F FL r-) (BOrM) Will prizes be paid in money or merchandise? money A merchandise ❑ )d no Will refreshments be served during the time the gambling devices will be used? yes If yes, will a charge be made for such refreshments? ❑ yes ❑ no Game Information Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a chaz a be made for such refreshments? ❑ yes ❑ no 4) u) City of Hutchinson Application for Gambling Devices License Page 3 of 3 Officers of the Organizatio7jifnecessary, list additional names on separate sheet RPri�iD Iii .a PRESIDFN'Title 1573 1)6�` STRFr CHIPPEIVtI FALLS \n/r Residence Address City State Zip n QoP� \ "1i 6lL Sc if V1 GE. I Dj A) T _ Name Title )-ACE AyE SILVfk LAKE MK 553H) ,�,aaoa Residence Address City State zip L RR R KfIR TRH4SORER Name Tiitl e� SrR�F7 Htj CN)NSCn� � M 55350 ��a (3 aco city State zip Residence Address Officers or Other Persons Paid for Services Information (if necessarpp, 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 Zi Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager yes ❑ no tX Authorized Officer .yes U1 no t 0 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. }ANUflRJ ltc 2013 Date JAtJttARy 1 &, 9013 of o ganizatton Date n Ld N City Council ❑ approved ❑ denied Notes: JAL Hutchinson MINNESOTA'S MANUFACTURING CITY MEMORANDUM Date: January 15, 2013 To: Honorable Mayor & City Council From: Miles R. Seppelt Economic Development Director RE: Recommendation for vacancy on the EDA Board of Directors Backuround There is a vacancy on the EDA Board of Directors after Mr. Mike Retterath, site manager of 3M, was transferred out of Hutchinson to another position with 3M. Recommendation After much consideration, the EDA Board would like to recommend Mr. Jonnv Block for a position on the EDA Board of Directors. Mr. Block has considerable business experience, connections to local industry, and served extensively with the Hutchinson Area Chamber of Commerce. The Board feels that Mr. Block's knowledge and experience will be a real asset to the Economic Development Authority. If you have any questions or need additional information, please give me a call at 234 -4223. q (-e-) C TO: Mayor & City Council FROM: Kent Exner, DPW /City Engineer RE: Consideration of Items for 2013 Pavement Management Program Project (Letting No. 3/1roject No. 13 -03) DATE: January 22, 2013 City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the above referenced project at their February 20 meeting. City staff will be administering a Neighborhood Meeting prior to the Public Hearing to familiarize adjacent property owners with the proposed project improvements and potential special assessment amounts. We recommend that the attached Resolutions be approved. cc: Jeremy Carter, City Administrator q (+) RESOLUTION NO. 14095 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 31PROJECT NO. 13 -03 WHEREAS, it is proposed to improve: Grove Street SW (5th Ave to TH 15), Brown Street SW (Division to TH 15), Glen Street SW (5th Ave to Linden), Franklin Street SW (5th Ave to TH 15) and Division Avenue SW (Grove to Glen); roadway overlay /rehabilitation surface milling /removal, grading, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances; and WHEREAS, it is proposed to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement, called Letting No. 3 /Project No. 13 -03, be referred to the Engineer for study and that that person is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost- effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. Adopted by the Council this 22nd day of January 2013, Mayor: Steven W. Cook City Administrator: Jeremy J. Carter �) (-o HUTCHINSON PUBLIC WORKS/ENGINEERING DEPARTMENT Hutchinson City Center /111 Hassan St SE/Hutchinson MN 55350 - 25221320 - 234- 4209/FAX 320 - 234-4240 ENGINEERING REPORT & FEASIBILITY STUDY TO: Mayor and City Council FROM: Kent Exner, DPW /City Engineer DATE: January 22, 2013 SUBJECT: Letting No. 31Project No. 13 -03 I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L31P13 -03 Grove Street SW (5th Ave to TH 15), Brown Street SW (Division to TH 15), Glen Street SW (5th Ave to Linden), Franklin Street SW (5th Ave to TH 15) and Division Avenue SW (Grove to Glen); roadway overlay /rehabilitation surface milling/removal, grading, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances. ESTIMATED COST TN$350000.00 Construction Cost $180,000.00 City - Bonding $264000.00 En ineerin $0'00 $0.00 Administntdon- $0.00 FiscaUL aUlnterest 0 En ineerin Services 0 ESTIMATED TOTAL ESTIMATED FUNDING TOTAL Assessable Cost $180,000.00 City - Bonding $264000.00 City - Water Funds $0'00 $0.00 City - Wastewater Funds $0.00 Ci - Stormwater Uouty Funds $0.00 Municipat State Aid $0.00 Federal Aid ' $444,009.0 0 ESTIMATED TOTAL RESOLUTION NO. 14096 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO. 31PROJECT NO. 13 -03 WHEREAS, pursuant to a resolution of the Council adopted January 22nd, 2013, a report has been prepared by Kent Exner, Public Works Director /City Engineer with reference to the following proposed improvements: Grove Street SW (5th Ave to TH 15), Brown Street SW (Division to TH 15), Glen Street SW (5th Ave to Linden), Franklin Street SW (5th Ave to TH 15) and Division Avenue SW (Grove to Glen); roadway overlay /rehabilitation surface milling /removal, grading, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances; and said report was received by the Council on January 22nd, 2013 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvement of such street(s)s in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $444,000.00. 2. A public hearing shall be held on such proposed improvements on the 26th day of February, 2013, in the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 22nd day of January, 2013. Mayor: Steven W. Cook City Administrator: Jeremy J. Carter PUBLICATION NO. 7964 NOTICE OF HEARING ON IMPROVEMENT LETTING NO.3 PROJECT NO. 13 -03 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the 26th day of February, 2013, to consider the making of an improvement of Letting No. 1 /Project No. 13 -01, an improvement of: Grove Street SW (5th Ave to TH 15), Brown Street SW (Division to TH 15), Glen Street SW (5th Ave to Linden), Franklin Street SW (5th Ave to TH 15) and Division Avenue SW (Grove to Glen); roadway overlay /rehabilitation surface milling /removal, grading, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances; and pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefited property, for which property owners shall receive mailed notice. The estimated City cost of said improvement is $264,000.00 and an estimated Assessable cost of $180,000.00, for the total estimated cost of $444,000.00. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: 01122/2013 Jeremy J. Carter, City Administrator PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, FEBRUARY 13TH, 2013 AND WEDNESDAY, FEBRUARY 20TH, 2013. HUTCHINSON CITY COUNCIL SUMMARY OF CLOSED MEETING PROCEEDINGS CITY ADMINISTRATOR ANNUAL PERFORMANCE REVIEW SESSION January 8, 2013 On January 8, 2013, the Hutchinson City Council closed its meeting at 4:06 p.m. to conduct the annual performance review for the City Administrator, Jeremy Carter. Individuals present included Hutchinson Mayor Steve Cook, City Council members Bill Arndt, Mary Christensen, and Chad Czmowski, City Administrator Jeremy Carter, City Attorney Marc Sebora, and Human Resources Director Brenda Ewing. Mr. Carter exercised his right to close the proceedings to the public. Motion by Mr. Arndt, second by Ms. Christensen, to close the meeting at 4:06 p.m. The motion passed unanimously. The Council then proceeded into a closed session. Council member Gary Forcier joined the closed session at 4:18 p.m. The Council reviewed with Mr. Carter his performance for the period of January 1 through December 31, 2012. Mr. Carter's performance in the following categories was reviewed by the Council: Organizational Management, Fiscal /Business Management, Program Development, Relationship & Communication with the Council, Long -Range Planning, and Relationship with Public & Outside Organizations. The appraisal system allows an individual to be rated on the scale of ratings range including Unsatisfactory (1), Needs Improvement (2), Meets Job Requirements (3), Exceeds Job Requirements (4), and Outstanding (5). The consensus of the Council is that Mr. Carter's cumulative performance for the review period was found to be outstanding on the ratings scale. The City Administrator communicated the following initiatives he has established for 2013: • Finalize City Policy review of Sections 2 & 3 • Organizational structure & review • Communication Channel • Finalize Performance Measurement Initiative • Finalize Standard "Request for Board Action Form" and review process for the Council packet • Develop Business & Strategic short-term and long -range goals with Creekside Staff • Enterprise Funds 5 -year budgeting • Payment is Lieu of Taxes (PILOT) Discussion with Hutchinson Utilities Commission (HUC) Board Meeting Communication • Other Council Initiatives The Council established the following priorities for the City administrator for 2013: • Implementation of Performance Measurement Initiative • Implementation of the Volunteer Program • PILOT Discussion and Revision of Payment Formula • "Hutchinson as a Destination" Initiatives Motion by Mr. Czmowski to establish a performance appraisal score of 4.26 that equates to a 3% increase effective March 3, 2013, second by Ms. Christensen. Motion passed unanimously. Motion by Mr. Arndt, second by Mayor Cook, to open the closed proceedings at 5:26 p.m. The motion passed unanimously. Motion by Mr. Arndt, second by Mr. Czmowski, to adjourn the meeting at 5:26 p.m. The motion passed unanimously. 1�5j CITY OF HUTCHINSON R55CKREG LOG22001VO Council Check Register 1/9- 1/22/13 1/16/2013 Check a Ck Date Amount Vendor/ Explanation Account Description 174019 1/22/2013 190.15 1ST LINE /LEEWES VENTURES OPERATING SUPPLIES 174020 1/22/2013 230.00 AARP PROFESSIONAL SERVICES 174021 1/22/2013 191.00 ACCUWEATHER INC OTHER CONTRACTUAL 174023 1/22/2013 359.32 ACE HARDWARE REPAIR & MAINTENANCE SUPPLIES 174024 1/22/2013 575.00 ALEX AIR APPARATUS INC CONTRACT REPAIR & MAINTENANCE 174025 1/22/2013 473.44 ALPHA WIRELESS COMMUNICATIONS 174026 1/22/2013 100.00 AMEM DUES & SUBSCRIPTIONS 174027 1/22/2013 112.80 AMERICAN BOTTLING CO COST OF MIX & SOFT DRINKS 174028 1/22/2013 90.85 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 174029 1/22/2013 74.00 AMERICAN WATER WORKS ASSOC. DUES & SUBSCRIPTIONS 174030 1/22/2013 10.85 AMERICAN WELDING & GAS CENTRAL GARAGE REPAIR 174031 1/22/2013 73.10 AMERIPRIDE SERVICES CONTRACT REPAIR & MAINTENANCE 174032 1/22/2013 660.47 ANIMAL MEDICAL CENTER ON CROW OTHER CONTRACTUAL 174033 1/22/2013 46.64 ARCTIC GLACIER PREMIUM ICE INC COST OF MIX & SOFT DRINKS 174034 1/22/2013 271.36 ARROW TERMINAL LLC EQUIPMENT PARTS 174035 1/22/2013 145.04 ARROWHEAD SCIENTIFIC INC OPERATING SUPPLIES 174036 1/22/2013 327.00 ASCAP DUES & SUBSCRIPTIONS 174037 1/22/2013 336.00 ASHWILL INDUSTRIES INC REPAIR & MAINTENANCE SUPPLIES 174038 1/22/2013 179.47 AUTO VALUE - GLENCOE EQUIPMENT PARTS 174039 1/22/2013 390.00 BCA TELEPROCESSING EQUIP 174040 1/22/2013 310.00 BCA /TRAINING & DEVELOPMENT TRAVEL SCHOOL CONFERENCE 174041 1/22/2013 945.98 BECKER ARENA PRODUCTS REPAIR & MAINTENANCE SUPPLIES 174042 1/22/2013 339.07 BERGER PLUMBING HEATING AC REPAIR & MAINTENANCE SUPPLIES 174043 1/22/2013 403.16 BERNICK'S FOOD PRODUCTS- CONCESSION 174044 1/22/2013 4,728.15 BERRY, DAWN HOUSING REHAB LOANS 174045 1/22/2013 548.44 BLUETARP FINANCIAL INC. EQUIPMENT PARTS (� 174046 1/22/2013 23.50 BNO SHEET METAL INC REPAIR & MAINTENANCE SUPPLIES 3 174047 1/22/2013 240.00 BOLTON & MENK INC. PROFESSIONAL SERVICES 174048 1/22/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 174049 1/22/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 174050 1/22/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 174051 1/22/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 174052 1/22/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 174053 1/22/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 174054 1/22/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 174055 1/22/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 174056 1/22/2013 100.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 174057 1/22/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 174058 1/22/2013 105.38 BRANDON TIRE CO RECEIVED NOT VOUCHERED 174059 1/22/2013 136.01 BUSHMAN, RAQUEL FOOD PRODUCTS- CONCESSION 174060 1/22/2013 124.51 BUSINESSWARE SOLUTIONS OFFICE SUPPLIES 174061 1/22/2013 33,859.15 C & L DISTRIBUTING COST OF SALES -BEER 174062 1/22/2013 119.60 CALIFORNIA CONTRACTORS SUPPLIE REPAIR & MAINTENANCE SUPPLIES 174063 1/22/2013 65.00 CARS ON PATROL SHOP LLC PROFESSIONAL SERVICES 174064 1/22/2013 4,190.18 CDW GOVERNMENT, INC SMALL TOOLS 174065 1/22/2013 979.62 CENTRAL HYDRAULICS REPAIR & MAINTENANCE SUPPLIES 174066 1/22/2013 188.50 CENTRAL LANDSCAPE SUPPLY RECEIVED NOT VOUCHERED 174067 1/22/2013 536.20 CENTRAL MCGOWAN RECEIVED NOT VOUCHERED 174068 1/22/2013 5,268.96 CHEMISOLV CORP CHEMICALS & PRODUCTS 174069 1/22/2013 306.42 COLLINS BROTHERS COST OF MIX & SOFT DRINKS 174070 1/22/2013 216.70 COMDATA CORPORATION OPERATING SUPPLIES 174071 1/22/2013 29.36 CONNECT CARE ACCOUNTS PAYABLE MANUAL 174072 1/22/2013 3,542.04 CRABTREE COMPANIES, INC. DATA PROC EQUIPMENT RENTAL 174073 1/22/2013 384.85 CROW RIVER AUTO & TRUCK REPAIR AUTOMOTIVE REPAIR 174074 1/22/2013 30.00 CROW RIVER GLASS & SIGNS CENTRAL GARAGE REPAIR 174075 1/22/2013 3,842.00 CROW RIVER OFFICIALS ASSN OTHER CONTRACTUAL 174076 1/22/2013 105.00 CROW RIVER PRESS INC PRINTING & PUBLISHING 174077 1/22/2013 4,456.26 DAY DISTRIBUTING COST OF SALES -BEER 174078 1/22/2013 3,111.73 DIRECT PLASTICS GROUP RECEIVED NOT VOUCHERED 174079 1/22/2013 44.95 DRIVERS LICENSE GUIDE CO DUES & SUBSCRIPTIONS 174080 1/22/2013 778.32 DROP -N -GO SHIPPING, INC PRINTING & PUBLISHING (� 174081 1/22/2013 222.20 DYNA SYSTEMS REPAIR & MAINTENANCE SUPPLIES 174082 1/22/2013 3,251.11 E2 ELECTRICAL SERVICES INC CONTRACT REPAIR & MAINTENANCE 174083 1/22/2013 188.10 ECOLAB PEST ELIM RECEIVED NOT VOUCHERED 174084 1/22/2013 212.72 ECONO FOODS OPERATING SUPPLIES 174085 1/22/2013 963.51 ELECTRO WATCHMAN OTHER CONTRACTUAL 174086 1/22/2013 6,543.76 ENVIRONMENTAL SYSTEMS RESEARCH DATA PROC EQUIPMENT RENTAL 174087 1/22/2013 346.50 EXTREME BEVERAGE LLC COST OF MIX & SOFT DRINKS 174088 1/22/2013 259.37 FASTENAL COMPANY REPAIR & MAINTENANCE SUPPLIES 174089 1/22/2013 5,263.59 FENSKE'S STUMP REMOVAL CONTRACT REPAIR & MAINTENANCE 174090 1/22/2013 123.84 FIELDSTONE VINEYARDS COST OF SALES -WINE 174091 1/22/2013 339.80 FIRST CHOICE FOOD & BEVERAGE S OPERATING SUPPLIES 174092 1/22/2013 291.80 G & K SERVICES OPERATING SUPPLIES 174093 1/22/2013 10.00 G.R. DANIELS TRUCKING, INC. CENTRAL GARAGE REPAIR 174094 1/22/2013 96.90 GA INDUSTRIES LLC EQUIPMENT PARTS 174095 1/22/2013 3,200.00 GAVIN, OLSON & WINTERS, LTD PROFESSIONAL SERVICES 174096 1/22/2013 70.00 GEB ELECTRICAL INC CONTRACT REPAIR & MAINTENANCE 174097 1/22/2013 569.76 GLACIAL RIDGE WINERY COST OF SALES -WINE 174098 1/22/2013 4,230.00 GOODPOINTE TECHNOLOGY PROFESSIONAL SERVICES 174099 1/22/2013 220.00 GOVERNMENT TRAINING SERVICES( TRAVEL SCHOOL CONFERENCE 174100 1/22/2013 821.31 GREEN LIGHTS RECYCLING DUE FROM UTILITIES 174101 1/22/2013 114.00 GROUP MOBILE CENTRAL GARAGE REPAIR 174102 1/22/2013 554.12 H.A.R.T. ACCRUED DEFERRED COMP 174103 1/22/2013 17.63 HAGER JEWELRY INC. OPERATING SUPPLIES 174104 1/22/2013 586.04 HASLER, INC RENTALS 174105 1/22/2013 914.79 HATTEN, DANIEL OFFICE SUPPLIES 174106 1/22/2013 3,347.12 HAWKINS INC CHEMICALS & PRODUCTS 174107 1/22/2013 5,035.11 HD SUPPLY WATERWORKS LTD METERS & METER PARTS 174108 1/22/2013 51.09 HED, MARILYN TRAVEL SCHOOL CONFERENCE 174109 1/22/2013 286.44 HENRYS FOODS INC FOOD PRODUCTS - CONCESSION 174110 1/22/2013 236.82 HEWLETT - PACKARD CO DUE FROM UTILITIES 174111 1/22/2013 823.41 HILLYARD / HUTCHINSON CLEANING SUPPLIES 174112 1/22/2013 6,748.45 HOISINGTON KOEGLER GROUP INC PROFESSIONAL SERVICES 174113 1/22/2013 1,613.56 HOLT MOTORS INC CENTRAL GARAGE REPAIR 174114 1/22/2013 1,608.00 HOT WIRE ELECTRIC CONTRACT REPAIR & MAINTENANCE !� 174115 1/22/2013 1,097.50 HRA HRATRANSFER �j 174116 1/22/2013 501.25 HUTCH CAFE OPERATING SUPPLIES OPERATING SUPPLIES COMMON AREA MAINTENANCE LODGING TAX REIMBURSEMENT MOTOR FUELS & LUBRICANTS PRINTING & PUBLISHING OPERATING SUPPLIES STREET LIGHTING UTILITIES RECEIVED NOT VOUCHERED UTILITIES MISCELLANEOUS DUES & SUBSCRIPTIONS REFUNDS & REIMBURSEMENTS CONTRACT REPAIR & MAINTENANCE TRAVEL SCHOOL CONFERENCE EQUIPMENT PARTS OPERATING SUPPLIES SAFETY SUPPLIES OFFICE SUPPLIES FREIGHT CONTRACT REPAIR & MAINTENANCE COST OF SALES -BEER COST OF SALES- LIQUOR CONTRACT REPAIR & MAINTENANCE PRINTING & PUBLISHING ADVERTISING TRAVEL SCHOOL CONFERENCE TRAVEL SCHOOL CONFERENCE ADVERTISING TRAVEL SCHOOL CONFERENCE ADVERTISING REPAIR & MAINTENANCE SUPPLIES TRAVEL SCHOOL CONFERENCE EMPL.HEALTH & INS. BENEFIT EMPL.HEALTH & INS. BENEFIT 174117 1/22/2013 615.00 HUTCHINSON AREA CHAMBER OF COM 174118 1/22/2013 1,457.00 HUTCHINSON AREA HEALTH CARE 174119 1/22/2013 228.15 HUTCHINSON CONVENTION & VISITO 174120 1/22/2013 6,584.89 HUTCHINSON CO -OP 174121 1/22/2013 5,490.24 HUTCHINSON LEADER 174122 1/22/2013 208.00 HUTCHINSON PUBLIC SCHOOLS 174123 1/22/2013 156,316.28 HUTCHINSON UTILITIES 174124 1/22/2013 63.93 HUTCHINSON WHOLESALE 174125 1/22/2013 3,572.41 HUTCHINSON, CITY OF 174126 1/22/2013 4,000.00 HUTCHINSON, CITY OF 174127 1/22/2013 25.00 ICMA 174128 1/22/2013 831.50 INDEPENDENT SCHOOL DIST #423 174129 1/22/2013 1,880.00 I N FRATECH 174130 1/22/2013 266.00 INTERNATIONAL CODE COUNCIL INC 174131 1/22/2013 235.02 INTERSTATE BATTERY SYSTEM MINN 174132 1/22/2013 101.53 INTOXIMETERS INC 174133 1/22/2013 5,975.82 JACK'S UNIFORMS & EQUIPMENT 174134 1/22/2013 80.55 JACOBSEN, SEPTEMBER 174135 1/22/2013 350.00 JE TRANSPORT LLC 174136 1/22/2013 550.40 JEFF'S ELECTRIC 174137 1/22/2013 843.75 A TAYLOR DIST OF MN 174138 1/22/2013 56,893.83 JOHNSON BROTHERS LIQUOR CO. 174139 1/22/2013 2,165.00 JUUL CONTRACTING CO 174140 1/22/2013 94.50 KARP FM RADIO 174141 1/22/2013 761.00 KDUZ KARP RADIO 174142 1/22/2013 130.87 KOBOW, BECKY 174143 1/22/2013 18.00 KOSEK, ANDREW 174144 1/22/2013 204.00 KQIC -Q102 174145 1/22/2013 129.99 KUZCA, CHAD 174146 1/22/2013 1,425.00 L & M SUPPLY 174147 1/22/2013 26.44 L & P SUPPLY CO 174148 1/22/2013 7.61 LARSON, QUENTIN r� 174149 1/22/2013 805.55 LIFE INSURANCE COMPANY OF AMER �j 174150 1/22/2013 1,194.02 LIFE INSURANCE COMPANY OF AMER OPERATING SUPPLIES COMMON AREA MAINTENANCE LODGING TAX REIMBURSEMENT MOTOR FUELS & LUBRICANTS PRINTING & PUBLISHING OPERATING SUPPLIES STREET LIGHTING UTILITIES RECEIVED NOT VOUCHERED UTILITIES MISCELLANEOUS DUES & SUBSCRIPTIONS REFUNDS & REIMBURSEMENTS CONTRACT REPAIR & MAINTENANCE TRAVEL SCHOOL CONFERENCE EQUIPMENT PARTS OPERATING SUPPLIES SAFETY SUPPLIES OFFICE SUPPLIES FREIGHT CONTRACT REPAIR & MAINTENANCE COST OF SALES -BEER COST OF SALES- LIQUOR CONTRACT REPAIR & MAINTENANCE PRINTING & PUBLISHING ADVERTISING TRAVEL SCHOOL CONFERENCE TRAVEL SCHOOL CONFERENCE ADVERTISING TRAVEL SCHOOL CONFERENCE ADVERTISING REPAIR & MAINTENANCE SUPPLIES TRAVEL SCHOOL CONFERENCE EMPL.HEALTH & INS. BENEFIT EMPL.HEALTH & INS. BENEFIT 174151 1/22/2013 15,349.75 LOCHER BROTHERS INC COST OF SALES -BEER 174152 1/22/2013 24,685.00 LOGIS DATA PROC EQUIPMENT RENTAL 174153 1/22/2013 840.00 MACQUEEN EQUIP INC CONTRACT REPAIR & MAINTENANCE 174154 1/22/2013 269.99 MAGNUSSON, BRIAN UNIFORMS & PERSONAL EQUIP 174155 1/22/2013 12.26 MATHESON TRI -GAS INC RENTALS 174156 1/22/2013 270.00 MAXFIELD RESEARCH INC DUE FROM HRA 174157 1/22/2013 229.79 MAYTAG LAUNDRY & CAR WASH PROFESSIONAL SERVICES 174158 1/22/2013 400.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 174159 1/22/2013 39,445.31 MCLEOD COUNTY HIGHWAY DEPT. STREET MAINT.MATERIALS 174160 1/22/2013 45.00 MCPA DUES & SUBSCRIPTIONS 174161 1/22/2013 95,935.71 MEDICA DUE TO EMPLOYEE INSURANCE 174162 1/22/2013 161.81 MEECE, JAMES ACCOUNTS PAYABLE MANUAL 174163 1/22/2013 516.22 MENARDS HUTCHINSON OPERATING SUPPLIES 174164 1/22/2013 30.00 MESSAGE MEDIA COMMUNICATIONS 174165 1/22/2013 528.20 MILLNER HERITAGE VINEYARD & WI COST OF SALES -WINE 174166 1/22/2013 85.83 MINI BIFF RENTALS 174167 1/22/2013 290.00 MINNESOTA CHIEFS OF POLICE ASS DUES & SUBSCRIPTIONS 174168 1/22/2013 20.00 MINNESOTA DEPT OF PUBLIC SAFET DUES & SUBSCRIPTIONS 174169 1/22/2013 1,654.00 MINNESOTA RECREATION & PARK AS DUES & SUBSCRIPTIONS 174170 1/22/2013 285.00 MINNESOTA SPORTS FEDERATION MISCELLANEOUS 174171 1/22/2013 360.00 MINNESOTA STATE FIRE DEPT ASSN DUES & SUBSCRIPTIONS 174172 1/22/2013 180.39 MINNESOTA UNEMPLOYMENT INSURAN MISCELLANEOUS 174173 1/22/2013 3,575.60 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 174174 1/22/2013 192.00 MINNESOTA WINEGROWERS COOPERAI COST OF SALES -WINE 174175 1/22/2013 1,831.49 MMC CONTRACT REPAIR & MAINTENANCE 174176 1/22/2013 1,495.49 MN DEPT OF LABOR & INDUSTRY /CO LICENSES & TAXES 174177 1/22/2013 455.00 MN TRANSPORTATION ALLIANCE DUES & SUBSCRIPTIONS 174178 1/22/2013 364.44 MODERN TOWING PROFESSIONAL SERVICES 174179 1/22/2013 614.84 MOTION INDUSTRIES INC RECEIVED NOT VOUCHERED 174180 1/22/2013 221.00 MRPA MISCELLANEOUS 174181 1/22/2013 109.99 NADEAU, GREG UNIFORMS & PERSONAL EQUIP 174182 1/22/2013 384.00 NCPERS LIFE INS. ACCRUED LIFE INSURANCE 174183 1/22/2013 1,169.50 NEW FRANCE WINE COST OF SALES -WINE 174184 1/22/2013 506.85 NORTH CENTRAL LABORATORIES CHEMICALS & PRODUCTS 174185 1/22/2013 107.18 NORTHERN SAFETY & INDUSTRIAL SAFETY SUPPLIES 174186 1/22/2013 234.99 NORTHERN STATES SUPPLY INC EQUIPMENT PARTS 174187 1/22/2013 27.74 NUSS TRUCK & EQUIPMENT EQU I PM ENT PARTS 174188 1/22/2013 4,178.58 NU- TELECOM COMMUNICATIONS 174189 1/22/2013 37.00 OFFICE OF ENTERPRISE TECHNOLOG TELEPROCESSING EQUIP 174190 1/22/2013 195.04 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR 174191 1/22/2013 477.57 PAKOR INC OPERATING SUPPLIES 174192 1/22/2013 7,195.59 PAUSTIS & SONS WINE CO COST OF SALES -WINE 174193 1/22/2013 12,724.13 PHILLIPS WINE &SPIRITS COST OF SALES -WINE 174194 1/22/2013 138.00 POSTMASTER POSTAGE 174195 1/22/2013 1,450.22 PREMIER TECH PACKAGING RECEIVED NOT VOUCHERED 174196 1/22/2013 193.89 PRO -BUILD REPAIR & MAINTENANCE SUPPLIES 174197 1/22/2013 333.33 QUADE ELECTRIC OPERATING SUPPLIES 174198 1/22/2013 3,025.34 QUALITY FLOW SYSTEMS CONTRACT REPAIR & MAINTENANCE 174199 1/22/2013 202.00 QUARTERMASTER UNIFORMS & PERSONAL EQUIP 174200 1/22/2013 94.50 R & R SPECIALTIES INC REPAIR & MAINTENANCE SUPPLIES 174201 1/22/2013 111.52 RDO EQUIPMENT CO. 174202 1/22/2013 15.00 REGION V EMERGENCY MGMT ASSN DUES & SUBSCRIPTIONS 174203 1/22/2013 100.00 RENVILLE COUNTY SHERIFF DEPT PROFESSIONAL SERVICES 174204 1/22/2013 263.14ROYALTIRE CENTRAL GARAGE REPAIR 174205 1/22/2013 1,065.56 RUNNING'S SUPPLY OPERATING SUPPLIES 174206 1/22/2013 440.00 RUTLEDGE, LENNY RECREATION ACTIVITY FEES 174207 1/22/2013 91.23 SALTMAN LLC OPERATING SUPPLIES 174208 1/22/2013 1,138.03 SAM'S CLUB FOOD PRODUCTS- CONCESSION 174209 1/22/2013 369.00 SAM'S TIRE SERVICE RECEIVED NOTVOUCHERED 174210 1/22/2013 392.91 SCHIROO ELECTRICAL REBUILDING RECEIVED NOT VOUCHERED 174211 1/22/2013 61.00 SCHMELING OIL CO MOTOR FUELS & LUBRICANTS 174212 1/22/2013 128.25 SCOTT'S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 174213 1/22/2013 33.90 SEBORA, MARC TRAVEL SCHOOL CONFERENCE 174214 1/22/2013' 10,374.55 SEH PROFESSIONAL SERVICES 174215 1/22/2013 207.67 SEPPELT, MILES CARALLOWANCE - TRAVEL 174216 1/22/2013 100.00 SHAW, KAREN PROFESSIONAL SERVICES (- 174217 1/22/2013 900.00 SOIL CONTROL LAB RECEIVED NOT VOUCHERED 174218 1/22/2013 1,029.06 SOUTH CENTRAL COLLEGE TRAVEL SCHOOL CONFERENCE 174219 1/22/2013 55,413.42 SOUTHERN WINE & SPIRITS OF MN COST OF SALES- LIQUOR 174220 1/22/2013 357.64 SPS COMMERCE RECEIVED NOT VOUCHERED 174221 1/22/2013 1,290.72 STAPLES ADVANTAGE OFFICE SUPPLIES 174222 1/22/2013 79.30 STAR TRIBUNE DUES & SUBSCRIPTIONS 174223 1/22/2013 25.00 STATE OF MINNESOTA DEPT OF PUB PERMITS 174224 1/22/2013 823.00 STURGES' STEVE BUILDING REPAIRS 174225 1/22/2013 10.20 TARGET BANK OPERATING SUPPLIES 174226 1/22/2013 72.45 TASC FLEX ADMINISTRATION FEE 174227 1/22/2013 7.25 THOMPSON, DENEIL TRAVEL SCHOOL CONFERENCE 174228 1/22/2013 664.69 THOMSON WEST OPERATING SUPPLIES 174229 1/22/2013 202.11 TITAN MACHINERY CENTRAL GARAGE REPAIR 174230 1/22/2013 256.69 TRANSPORTATION SAFETY APPAREL SAFETY SUPPLIES 174231 1/22/2013 42.36 TRI COUNTY WATER EQUIPMENT PARTS 174232 1/22/2013 440.00 TRIMBO, DAVID PROFESSIONAL SERVICES 174233 1/22/2013 256.98 US BANK HOME MORTGAGE ACCOUNTS PAYABLE MANUAL 174234 1/22/2013 66.22 USA BLUE BOOK EQUIPMENT PARTS 174235 1/22/2013 69.95 VERTECH SOLUTIONS & SERVICES CONTRACT REPAIR & MAINTENANCE 174236 1/22/2013 4,348.08 VIKING BEER COST OF SALES -BEER 174237 1/22/2013 186.20 VIKING COCA COLA COST OF MIX & SOFT DRINKS 174238 1/22/2013 47,455.10 WASTE MANAGEMENT OF WI -MN REFUSE - LANDFILL CHARGES 174239 1/22/2013 458.95 WATER CONSERVATION SERVICE INC CONTRACT REPAIR & MAINTENANCE 174240 1/22/2013 8,632.00 WEBB PALLET RECEIVED NOT VOUCHERED 174241 1/22/2013 60.00 WELCOME NEIGHBOR ADVERTISING 174242 1/22/2013 1,289.77 WELLS FARGO COMMUNICATION MAINTENANCE 174243 1/22/2013 354.18 WEST CENTRAL STEEL INC CENTRAL GARAGE REPAIR 174244 1/22/2013 3,287.21 WINE MERCHANTS INC COST OF SALES -WINE 174245 1/22/2013 350.00 WINSTED AREA CHAMBER OF COMMER PRINTING & PUBLISHING 174246 1/22/2013 72,058.99 WIRTZ BEVERAGE MINNESOTA COST OF SALES- LIQUOR 174247 1/22/2013 297.00 WOODLAND HILL VINEYARDS LLC COST OF SALES -WINE 174248 1/22/2013 200.00 YOUNG - DICKENS, CHRISTENA RENTS -BLDGS OTHER 822,242.25 Grand Total Payment Instrument Totals Check Total 822,242.25 Total Payments 822,242.25 TAX ELECTRONIC FUNDS TRANSFERS 1/22/2013 FUND FUEL HATS SALES TAX LIQUOR USE TAX PRCE CIVIC ARENA SALES & USE TAX WATER SEWER CREEKSIDE PAYABLE TO AMOUNT MN DEPT OF REV MN DEPT OF REV MN DEPT OF REV MN DEPT OF REV $2,313.92 $59,734.00 $333.00 $11,016.00 $73,396.92 q PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 1/11/2013 Period Ending Date: 1/5/2013 $56,910.62 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $10,642.42 MN Department of Revenue State Withholding Tax $38,404.52 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $2,293.21 TASC Employee Flex Spending Deductions $10,983.41 TASC Employee Contributions to Heath Savings Account Employer Contributions to Heath Savings Account $525.00 MNDCP Employee Contributions - Deferred Comp $1,340.00 ING Employee Contributions - Deferred Comp $1,230.00 ICMA Retirement Trust Employee Contributions - Deferred Comp $827.89 MN Child Support System Employee Deductions $0.00 MSRS - Health Savings Plan Employee Deductions to Health Savings Plan $123,157.07 Total Electronic Funds Transfer PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 01/25/2013 Sick Leave Pay Out Checks Period Ending Date: 01/18/2013 $6,237.94 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $1,145.30 MN Department of Revenue State Withholding Tax $0.00 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $0.00 TASC Employee Deductions Health Savings Account $0.00 MSRS - Health Savings Plan Employee Deductions to Health Savings Plan $7,383.24 Total Electronic Funds Transfer �() U) C TO: Mayor & City Council FROM: Kent Exner, DPW /City Engineer RE: Public Hearing for Jefferson Street SE Reconstruction Phase 1 Project (Letting No. 1 /Project No. 13 -01) DATE: January 22, 2013 City staff administered a neighborhood meeting on Wednesday, January 9`", with property owners adjacent to the proposed project referenced above. Please see the attached Neighborhood Meeting Notice (mailed to all property owners) and Neighborhood Meeting Information Sheet (provided to meeting attendees) documents. Following a brief project overview by City staff and potential public comments, stab will request that the City move forward with the final preparation ofEroject plans /specifications and future advertisement forbids. The anticipated bid opening date is Thursday, March 14 (10:30 AM). We recommend that the attached Resolutions be approved. cc: Jeremy Carter, City Administrator g(-P.-) RESOLUTION NO. 14097 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 1 1PROJECT NO. 13 -01 WHEREAS, a resolution of the City Council adopted the 27th day of December, 2011, fixed a date for a Council Hearing on the following improvements: Jefferson Street SE from Washington Ave to Oakland Ave by roadway reconstruction, curb and gutter, drain tile installation, bituminous/concrete surfacing, storm water /drainage, water distribution, sanitary sewer, street lighting, sidewalks, landscaping, restoration and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 20th day of December 2012. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Council this 22nd day of January 2013. Mayor: Steven W. Cook City Administrator: Jeremy J. Carter (CL—) RESOLUTION NO. 14098 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 1 /PROJECT NO. 13 -01 WHEREAS, the Director of Engineering /Public Works has prepared plans and specifications for the following described improvement: Jefferson Street SE from Washington Ave to Oakland Ave by roadway reconstruction, curb and gutter, drain tile installation, bituminous /concrete surfacing, storm water /drainage, water distribution, sanitary sewer, street lighting, sidewalks, landscaping, restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering /Public Works shall prepare and cause to be inserted in the official newspaper, the City of Hutchinson Web -Site and in Finance and Commerce, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Director of Engineering /Public Works until 10:30 am on Thursday, April 11th, 2013, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering /Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, May 28th, 2013 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering /Public Works and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 22nd day of January 2013. Mayor: Steven W Cook City Administrator: Jeremy J. Carter Lc) C! Neighborhood Notice Letting No. 1 /Project No. 13 -01 Jefferson Street SE Reconstruction Phase 1 Wednesday, January 9th ♦ 5:30 PM to 7:00 PM(5:45 PMpresentation) Hutchinson City Center (111 Hassan St. SE) ♦ City Council Chambers INTRODUCTION The City of Hutchinson would appreciate the opportunity to review the upcoming Jefferson Street SE Reconstruction project with you. At this time, project construction is anticipated to start in the spring/summer of 2013. The intent of this meeting is to provide a general project review and discuss the preliminary roadway corridor layout. There also will be some initial information provided regarding potential property assessments associated with this project. PROPOSED PROJECT IMPROVEMENTS The project area consists of the Jefferson Street SE corridor from Washington Ave. to Oakland Ave. This street has been identified as needing repair by the City's Pavement Management Program. Per City staff s review, this roadway is being selected for improvement during the 2013 construction season based on the current pavement condition index rating and the timing of the most cost - effective improvement method. At this point, this proposed project is only being considered and is subject to not being addressed this coming construction season depending on City Council approvals and/or City funding limitations. The proposed project will consist of a full reconstruction of the existing roadway surface /section, full utility (water & sanitary sewer) replacements /upgrades, drainage /storm sewer improvements, draintile installation, signing/striping, street lighting, sidewalks and restoration. Fortunately, a portion of the proposed work required to accomplish this extensive project will be funded by the City's Municipal State Aid allotment, however, the remainder of the work will need to be funded by City bonds and property special assessments. At this point, the proposed project area has been established, but the details of the anticipated improvements are subject to change depending on public, City staff and City Council input. HEARINGS/PROCESS This Neighborhood Meeting is the first step in the process. This meeting will be an informal discussion regarding the project that allows City staff to communicate preliminary information regarding what the project is proposed to include and to provide a preliminary estimate of specific property assessments to property owners. This informal discussion will allow individual questions/comments to be heard and for a general review of the project to occur prior to the first official hearing required by the formal project assessment process. The first official hearing, the Public Hearing, is scheduled to occur at the January 22 °d City Council meeting (6:00 PM). This meeting will be televised and is the formal presentation of the proposed project to the City Council. Public input time is included and welcomed at this meeting. Approval at this hearing does not mean that the project will be constructed as presented. This will be the point at which a formal decision will be made by the City Council as to whether or not City staff should continue the special assessment g process and move on to the next step of completing the project plans /specifications with the understanding that actual bids for completing the work will be requested. The second official hearing, the Assessment Hearing, would be during another City Council meeting after receiving the bids (most likely in March or April). City staff would prepare final assessment amounts for each property, and mail them out in advance of the meeting. At this hearing, property owners will then be given the opportunity to comment on the merits of both the project and the proposed amount of the assessments. Questions, thoughts and concerns regarding the project or associated assessments would be heard by the City Council, and official action on whether or not to award the project work for construction would be taken. To formally contest an assessment, a written/signed objection letter must be provided to the City Administrator prior to or at the Assessment Hearing. This action then allows you, the property owner, to appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment (typically the Assessment Hearing date) and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. ASSESSMENTS As described above, this project is considered to be a full reconstruction project, thus a portion of the total cost of these improvements will be assessed to the adjacent private properties per the City's Special Assessment Policy. The estimated public assessments appear to be consistent and fair with respect to past City improvement projects. Per currently identified funding sources and the recent assessment calculations, a significant portion of the overall project cost will still be incurred by City Municipal State Aid and bonding funds. At this time, City staff estimates that adjacent properties' assessments will include all or a portion of the following items: • General Assessment - $68 per lineal foot of roadway frontage (rate per proposed 34' roadway width) • Water Service Assessment - $750 - $1,250 • Sanitary Sewer Service Assessment - $1,250 - $1,750 • Commercial/Industrial Water Service Assessment — $1,750 - $2,250 At the above estimated average rates, a typical 66' -wide residential lot would incur an assessment of $6,988. SCHEDULE & CONSTRUCTION ITEMS As previously mentioned, construction is anticipated to start in the springisummer of 2013. The project should be completed within one construction season (weather dependent) excluding final paving and potentially some restoration work. At this time, we encourage adjacent property owners to plan for the relocation of irrigation systems, invisible dog fences, personal landscaping features, etc. from the roadway right -of -way (typically extends 15' from the street edge). Also, project staff will be contacting specific property owners to request permission (right -of -entry form) to properly construct a grading match to your lawns /driveways /landscaping features and install utility service pipes. GENERAL INFORMATION Please feel free to contact Kent Exner /City Engineer at 234 -4209 or kexne .ci.hutchinson.mn.us if you have any questions, comments or concerns that you would like addressed. City staff would be willing to meet at your property to further discuss the proposed improvements. Thank you for your time and consideration! ?L) January 9, 2013 ♦ 5:30 — 7:00 PM ♦ City Council Chambers Project Scope STREET RECONSTRUCTION — Jefferson Street SE (Washington to Oakland) - Roadway reconstruction, curb and gutter, draintile installation, bituminous/concrete surfacing, stormwater /drainage, water distribution, sanitary sewer, street lighting, trails /sidewalks, landscaping, restoration and appurtenances Estimated Project Costs & Fundine Estimated Construction Cost $ 1,565,000 Estimated Project Expenses $ 41500 Estimated Total Project Cost $1,980,600 City Bonding $ 640,600 Improvement Assessments $ 310,000 Municipal State Aid $ 400,000 Wastewater Fund $ 315,000 Water Fund $ 315,000 Stormwater Fund $ 0 Estimated Funding $ 1,980,600 City Pays For • Street Rehabilitation — about 50% of pavement, curb replacements, draintile, storm sewer and restoration costs • Partial Street Reconstruction — about 50% of pavement, curb installation, draintile, storm sewer and restoration costs • Full Street Reconstruction — about 50% of pavement, curb installation, draintile, storm sewer and restoration cost • Mill & Overlay — about 50% of pavement, curb replacements, structure adjustments and restoration costs • Alley Reconstruction — about 50% of pavement, grading, drainage improvements and restoration costs • Sanitary Sewer & Water Main Improvements— 100% Property Owner Pays For • Residential/Commercial Streets — about 50% of Street Rehab, Partial Street Recon, Full Street Recon, Mill & Overlay and Alley Recon costs • Water /Sanitary Sewer Services - in areas of new main construction ($750 - 1250/1° water, $175042250/6" water (deferred), $1250-1750/6" sewer) • Proposed Assessment Rates (per City Policy) o Street Rehabilitation $47.50/Frontage Foot o Partial Street Reconstruction $60.00/Frontage Foot o Full Street Reconstruction $6&00/Frontage Foot (rate per 34' width) • Mill & Overlay $30.00/Frontage Foot • Alley Reconstruction $40.00/Frontage Foot • Estimated Total Assessment for Typical City Lot (66' width) o Street Rehabilitation w /sanitary sewer & water services $6,988 • NOTES: 1. Methods and amounts of estimated assessments are subject to change. 2. Assessments allocated to properties over a 10 year term (interest rate estimated to be 4 to 6 %). U L) N TO: Mayor & City Council FROM: Kent Exner, DPW /City Engineer RE: Consideration of Drainage & Utility Easement Acquisition at #40 Airport Road DATE: January 22, 2013 Per previous discussions at the Resource Allocation Committee, City staff has developed plans to extend the trunk water and sanitary sewer mains across Airport Road SE (immediately south of Menards) in conjunction with the proposed TH 15 & CSAH 115 (Airport Rd) Roundabout project. At your upcoming City Council meeting, City staff will provide detailed improvement information and outline the necessary costs /efforts to obtain the required property easement rights at the above referenced address. cc: Jeremy Carter, City Administrator 1 1l-) r Marc A. Sebora, City Attorney Office of the City Attorney 111 Hassan street SE Hutchinson, MN 55350 -2522 320 - 587- 5151/Fax 320 - 234 -4201 Memorandum To: The Hutchinson City Council From: Marc A. Sebora, City Attorney Re: Creation of Ordinance Section 123 - Pertaining to Mobile Food Carts Council Members: Within the past couple of years, Hutchinson has seen the arrival of mobile food cart vendors in the downtown area. As this type of service was new to Hutchinson, the City attempted to regulate the activities of these vendors through our existing transient merchant license ordinance. Last summer, City administration received complaints from downtown merchants regarding mobile food cart vendors and their conduct which did not fit in the regulations pertaining to transient merchants. The complaints centered mostly on state regulation of food offered by food cart vendors, where food carts could be located and food cart signage. As a result, it became apparent that City administration needed to formulate licensing provisions and regulations specifically for food cart vendors. As a discussion starting point, I have attached a draft ordinance which attempts to lay the groundwork for basic mobile food cart regulations and expectations of food cart licensees. These are open for elimination, addition or revision as the Council sees fit. I will be present at the City Council meeting to answer questions you may have regarding this suggested ordinance. Printed on recycled paper - � 1 1 ) ORDINANCE NO. 13 -0704 — AN ORDINANCE ADOPTING SECTION 123 OF THE HUTCHINSON CITY CODE PERTAINING TO FOOD VENDORS The City Council hereby ordains: Section 123 — Food Vendors 123.01. Definitions. (A) Mobile food cart: a non - motorized cart from which prepackaged or ready -to -eat foods are sold to the public. 123.02. License required. (A) It is unlawful for any person to engage in the business of selling items from a mobile food cart in the City of Hutchinson without having obtained the proper license therefore. 123.03. Requirements (A) All persons applying for a mobile food cart license shall first have obtained all proper licenses from the State of Minnesota. (B) All mobile food cart licensees shall be properly insured. (C) All mobile food carts shall have a self - contained generator which is screened from view. (D) All food cart licensees shall have a waste receptacle available to patrons and are responsible for all litter and waste generated by the food cart operation. (E) All food cart signage shall be affixed to the food cart only. (F) All mobile food carts shall prominently display all relevant state and local licenses and permits 123.04 Restrictions. (A) It is unlawful for any mobile food cart licensee to engage in the following activities: 1.) To operate a mobile food cart within 100 feet of a restaurant I NCO 2.) To operate a food cart within 500 feet of any festival, fair or civic event. 3.) To operate a mobile food cart between the hours of 9:00 PM and 9:00 AM. 4.) To disobey any order of the Hutchinson Police Department. 5.) To operate a mobile food cart on any public right of way, sidewalk, public parking lot or park. 123.04. Violations (A) Violations of any portion of this section are punishable as a misdemeanor and are grounds for the revocation of the mobile food cart license in accordance with section 110.03 of the Hutchinson City Code. Adopted by the City Council this day of ATTEST: 2013 Steven W. Cook, Mayor Jeremy J. Carter, City Administrator m .)r>) N Marc A. Sebora, City Attorney Office of the City Attorney 111 Hassan sweet Hutchinson, MN 55350 -2522 22 320-587-5151/Fact 320. 234.4201 Memorandum To: The Hutchinson City Council From: Marc A. Sebora, City Attorney Re: Creation of Ordinance Section 123 - Pertaining to Mobile Food Carts Council Members: Within the past couple of years, Hutchinson has seen the arrival of mobile food cart vendors in the downtown area. As this type of service was new to Hutchinson, the City attempted to regulate the activities of these vendors thorough our existing transient merchant license ordinance. Last summer, City administration received complaints from downtown merchants regarding mobile food cart vendors and their conduct which did not fit in the regulations pertaining to transient merchants. The complaints centered mostly on state regulation of food offered by food cart vendors, where food carts could be located and food cart signage. As a result, it became apparent that City administration needed to formulate licensing provisions and regulations specifically for food cart vendors. As a discussion starting point, I have attached a draft ordinance which attempts to lay the groundwork for basic mobile food cart regulations and expectations of food cart licensees. These are open for elimination, addition or revision as the Council sees fit. 1 will be present at the City Council meeting to answer questions you may have regarding this suggested ordinance. Printed on recycled paper - \UD) ORDINANCE NO. 13 -0704 — AN ORDINANCE ADOPTING SECTION 123 OF THE HUTCHINSON CITY CODE PERTAINING TO FOOD VENDORS The City Council hereby ordains: Section 123 — Food Vendors 123.01. Definitions. (A) Mobile food cart: a non - motorized cart from which prepackaged or ready -to -eat foods are sold to the public. 123.02. License required. (A) It is unlawful for any person to engage in the business of selling items from a mobile food cart in the City of Hutchinson without having obtained the proper license therefor. 123.03. Requirements (A) All persons applying for a mobile food cart license shall first have obtained all proper licenses from the State of Minnesota. (B) All mobile food cart licensees shall be properly insured. (C) All mobile food carts shall have a self- contained generator which is screened from view. (D) All food cart licensees shall have a waste receptacle available to patrons and are responsible for all litter and waste generated by the food cart operation. (E) All food cart signage shall be affixed to the food cart only. (F) All mobile food carts shall prominently display all relevant state and local licenses and permits 123.04 Restrictions. (A) It is unlawful for any mobile food cart licensee to engage in the following activities: 1.) To operate a mobile food cart within 100 feet of a restaurant 1N) 2.) To operate a food cart within 500 feet of any festival, fair or civic event. 3.) To operate a mobile food cart between the hours of 9:00 PM and 9:00 AM. 4.) To disobey any order of the Hutchinson Police Department. 5.) To operate a mobile food cart on any public right of way, sidewalk, public parking lot or park. 123.04. Violations (A) Violations of any portion of this section are punishable as a misdemeanor and are grounds for the revocation of the mobile food cart license in accordance with section 110.03 of the Hutchinson City Code. Adopted by the City Council this Steven W. Cook, Mayor day of ATTEST: 2013. Jeremy J. Carter, City Administrator Ur) r: Marc A. Sebora, City Attorney Office of the City Attorney 111 Hassan Street se Hutchinson, MN 55350.2522 320. 587- 5151/Fax 320 -234 -4201 Memorandum To: The Hutchinson City Council From: Marc A. Sebora, City Attorney Re: Revisions to Ordinance Section 93.01 Pertaining to Animals in the City Of Hutchinson Council Members: Over the past few years, Hutchinson Police Services and the Planning Department have encountered instances where homeowners have had increasing numbers of pets in their homes. Under our current ordinance, there is no limit to the number of dogs or cats in which a homeowner can have. Under some circumstances this has presented nuisance situations to neighboring properties and has endangered the health and safety of the animal owners themselves. In an effort to control this, Hutchinson Police Services in conjunction with the Planning Department have surveyed City ordinances of several other Minnesota communities to determine how other communities have dealt with limiting the number of pets households have. Their survey has shown that, indeed, many other communities do limit the number of pets had in households and, based on their research, it is the suggestion of City staff that owners should be limited to 4 dogs and /or cats with a limit of 3 of either species. Attached you will find proposed revisions of Hutchinson's animal ordinance. The section dealing with limiting the number of dogs and cats is contained in section 93.17. Ordinance section 93.24 (C) contains a section pertaining to barking dogs disturbing the peace. In the past, our ordinance has been very difficult to enforce because the ordinance requires dogs to be barking for time periods of at least 5 minutes with less than a 1 minute quieting between the intervals of barking. This has been difficult to show both to dog owners and the courts. City staff is proposing a change to that section which would eliminate the time requirement to make the ordinance easier to enforce and to provide relief to people subjected to the noises of nearby dogs. Other proposed changes include: 1. Requiring dogs and cats to be leashed while on public lands — section 93.18 2. A reduction in the length of time impound records need to be retained from 3 to 6 months — section 93.21 (A) (5) 3. The elimination of the antiquated term "poundmaster" and substitution with the phrase "Police Department" therefore in sections 93.22, 93.26 (A) (1), and (2) City staff recommends approval of this ordinance and will be present at the Council meeting to answer any questions you may have about the proposed changes. Thank you. Printed on recycled paper- k t I L�) ORDINANCE NO. 13 -0705 — AN ORDINANCE AMENDING CHAPTER 93 OF THE HUTCHINSON CITY CODE — ANIMALS The City Council hereby ordains: General Provisions 93.01 Animal waste; removal required 93.02 Dangerous animals 93.03 Dangerous animal requirements Dogs and Cats 93.15 Definitions 93.16 Exceptions; police dogs, service animals 93.17 Animal Limits 93.184-7 Running at large prohibited 93.194-8 License required 93.204 -9 License issuance; fees; tag required 93.2128 Impoundment; notice; release 93.2224 Seizure by citizen 93.2322 Immobilization of animal 93.2423 Unlawful acts 93.2524 Summary destruction; grounds 93.262 -5 Rabies control; bites, quarantine, reporting 93.2726 Animals in heat 93.282 -7 Additional grounds for impoundment Animals and Fowl 93.40 Definitions 93.41 Keeping restrictions 93.42 Transport restrictions 93.43 Treatment and housing 93.44 Trespasses prohibited GENERAL PROVISIONS § 93.01 ANIMAL WASTE; REMOVAL REQUIRED. (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. A dog, cat or other animal. OWNER. Any person who harbors, feeds, boards, possesses, keeps or has custody of an animal. (B) Unlawful acts. It is unlawful for any owner to: 1 1 L) (1) Suffer or permit an animal to defecate upon public property, or the private property of another, without immediately removing the excrement and disposing of it in a sanitary manner; (2) Suffer or permit an animal to be upon public property, or the private property of another, unless the animal is in the custody of a person of suitable age and discretion having in his or her possession equipment and supplies for excrement removal; or (3) Permit animal excrement to accumulate for a period in excess of seven days on premises occupied by him or her without removal and sanitary disposal. ('89 Code, § 10.08) Penalty, see § 10.99 § 93.02 DANGEROUS ANIMALS. (A) Attack by an animal. It shall be unlawful for any person's animal to inflict or attempt to inflict bodily injury to any person or other animal whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on -duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home with criminal intent. (B) Destruction of dangerous animal. The Animal Control Officer shall have the authority to order the destruction of dangerous animals in accordance with the terms established by this chapter. (C) Definitions. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) DANGEROUS ANIMAL. An animal which has: a) Caused bodily injury or disfigurement to any person on public or private property; (b) Engaged in any attack on any person under circumstances which would indicate danger to personal safety; (c) Exhibited unusually aggressive behavior, such as an attack on another animal; (d) Bitten one or more persons on two or more occasions; or (e) Been found to be potentially dangerous and /or the owner has personal knowledge of the same, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. (2) POTENTIALLY DANGEROUS ANIMAL. An animal which has: (a) Bitten a human or a domestic animal on public or private property; (b) When unprovoked, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or (c) Has engaged in unprovoked attacks causing injury or otherwise threatening the safety of humans or domestic animals. i� [C-) (3) PROPER ENCLOSURE. Securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: (a) Have a minimum overall floor size of 32 square feet. (b) Sidewalls shall have a minimum height of five feet and be constructed of 11 -gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be 1'/4 -inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of 18 inches in the ground. (c) A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two inches. (d) An entrance /exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (4) UNPROVOKED. The condition in which the animal is not purposely excited, stimulated, agitated or disturbed. (D) Designation as potentially dangerous animal. The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving evidence that the potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic animal as stated in division (C)(2). When an animal is declared potentially dangerous, the Animal Control Officer shall cause one owner of the potentially dangerous animal to be notified in writing that the animal is potentially dangerous. (E) Evidence justifying designation. The Animal Control Officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: (1) That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in division (C)(1). (2) That the animal has been declared potentially dangerous and the animal has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in division (C)(1). (F) Authority to order destruction. The Animal Control Officer, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one or more of the following findings of fact: � 1 Lc) (1) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or (2) The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. (G) Procedure. The Animal Control Officer, after having determined that an animal is dangerous, may proceed in the following manner: The Animal Control Officer shall cause one owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be given 14 days to appeal this order by requesting a hearing before the City Council for a review of this determination. (1) If no appeal is filed, the Animal Control Officer shall obtain an order or warrant authorizing the seizure and the destruction of the animal from a court of competent jurisdiction, unless the animal is already in custody or the owner consents to the seizure and destruction of the animal. (2) If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the City Council, which shall set a date for hearing not more than three weeks after demand for the hearing. The records of the Animal Control or City Administrator's office shall be admissible for consideration by the Animal Control Officer without further foundation. After considering all evidence pertaining to the temperament of the animal, the City Council shall make an order as it deems proper. The City Council may order that the Animal Control Officer take the animal into custody for destruction, if the animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the Animal Control Officer. If the owner does not immediately make the animal available, the Animal Control Officer shall obtain an order or warrant authorizing the seizure and the destruction of the animal from a court of competent jurisdiction. (3) No person shall harbor an animal after it has been found by to be dangerous and ordered into custody for destruction. (H) Stopping an attack. If any police officer or Animal Control Officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim. (1) Notification of new address. The owner of an animal which has been identified as dangerous or potentially dangerous shall notify the Animal Control Officer in writing if the animal is to be relocated from its current address or given or sold to another person. The notification shall be given in writing at least 14 days prior to the relocation or transfer of ownership. The notification shall include the current owner's name and address, the relocation address, and the name of the new owner, if any. Penalty, see § 10.99 § 93.03 DANGEROUS ANIMAL REQUIREMENTS. CC-) (A) Requirements. If the City Council does not order the destruction of an animal that has been declared dangerous, the City Council may, as an alternative, order any or all of the following: (1) That the owner provide and maintain a proper enclosure for the dangerous animal as specified in § 93.02(C)(3); (2) Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property as specified in M.S. § 347.5 1, as may be amended from time to time; (3) Provide and show proof annually of public liability insurance in the minimum amount of $300,000; (4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six feet in length) and under the physical restraint of a person 16 years of age or older. The muzzle must be of a design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; (5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in M.S. § 347.5 1, as it may be amended from time to time, and shall have a microchip implant as provided by M.S. § 347.151, as it may be amended from time to time; (6) All animals deemed dangerous by the Animal Control Officer shall be registered with the county in which this city is located within 14 days after the date the animal was so deemed and provide satisfactory proof thereof to the Animal Control Officer. (7) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination. (B) Seizure. As authorized by M.S. § 347.54, as it may be amended from time to time, the Animal Control Officer shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within 14 days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court by serving a summons and petition upon the city and filing it with the district court. (C) Reclaiming animals. A dangerous animal seized under division (B), may be reclaimed by the owner of the animal upon payment of impounding and boarding fees and presenting proof to animal control that each of the requirements under division (B), is fulfilled. An animal not reclaimed under this section within 14 days may be disposed of as provided under § 93.02(F), and the owner is liable to the city for costs incurred in confining and impounding the animal. (D) Subsequent offenses. If an owner of an animal has subsequently violated the provisions under § 93.02 with the same animal, the animal must be seized by animal control. The owner may request a hearing as defined in § 93.02(F). If the owner is found to have violated the provisions for which the animal was seized, the Animal Control Officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of § 93.03(C). If the animal is not yet reclaimed by the owner within 14 days after the date the owner is notified that the animal I I ( C-) may be reclaimed, the animal may be disposed of as provided under § 93.02(F) and the owner is liable to the animal control for the costs incurred in confining, impounding and disposing of the animal. DOGS AND CATS § 93.15 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. A dog or cat. DANGEROUS ANIMAL. An animal which has caused damage to property or injury to a person, or which animal, by its actions, exhibits a propensity for causing imminent danger to persons. DOG. Both male and female and includes any animal of the dog kind. OWN. To have a property interest in, or to harbor, feed, board, keep or possess. OWNER. A person who owns an animal hereby regulated. ('89 Code, § 10.06) § 93.16 EXCEPTIONS; POLICE DOGS, SERVICE ANIMALS. The provisions of this subchapter shall not apply to the ownership or use of seeing -eye dogs by blind persons, or dogs used in police activities of the city, such as canine corps or tracking dogs used by or with the permission of the Police Department. If the animal owned is a service animal which is capable of being properly identified as from a recognized school for seeingeye, hearing ear, service or guide animals, and the owner is a blind or deaf person, or a person with physical or sensory disabilities, then no license shall be required. ('89 Code, § 10.06) 93.17 Animal Limits. No person shall own, harbor, keep or have custody of a combination of more than four dogs and cats, no more than three of which may be dogs or cats over three months § 93.184 -7 RUNNING AT LARGE PROHIBITED. It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, to run at large. A person, who owns, harbors, or keeps a dog or cat which runs at large shall be guilty of a misdemeanor. Dogs or cats on a leash and controlled by a reasonable person shall be permitted in streets or on public land unless prohibited with signs reading "Dogs and Cats Prohibited ". Dogs or cats who are under the control and direction of a responsible person so as to be effectively restrained by command or by leash shall be permitted only on private property at the consent of the property owner or in a public area designated as such. Dogs of era vehiele, building or enelestife. ('89 Code, § 10.06) Penalty, see § 10.99 tc-) § 93.194 -8 LICENSE REQUIRED. It is unlawful for the owner of any animal, six months of age or more, to fail to obtain a license therefore from the city. ('89 Code, § 10.06) Penalty, see § 10.99 § 93.203 79 LICENSE ISSUANCE; FEES; TAG REQUIRED. (A) License issuance, term and renewal. All animal licenses shall be issued only upon presentation of a certificate issued by a veterinarian, licensed to practice veterinary medicine in this state, showing rabies immunization of the animal for at least the term of the license. All animal licenses shall expire on December 31. Application for license renewal, accompanied by a veterinarian's certificate, shall be made at least 30 days prior to expiration of the license. (B) Adoption of fees. All fees for the licensing, impounding and maintenance of animals, including penalties for late application, may be fixed and determined by the Council, adopted by ordinance, and uniformly enforced. The fees may from time to time be amended by the Council by ordinance. A copy of the ordinance setting forth currently effective fees shall be kept on file in the office of the City Administrator and open to inspection during regular business hours. (C) Tag required. All licensed animals shall wear a collar and have a tag firmly affixed thereto evidencing a current license. A duplicate for a lost tag may be issued by the city upon presentation of the receipt showing the payment of the duplicate license fee. Tags shall not be transferable, and no refund shall be made on any license fee because of leaving the city or death of the animal before the expiration of the license. ('89 Code, § 10.06) Penalty, see § 10.99 § 93.2120 IMPOUNDMENT; NOTICE; RELEASE. (A) Animal pound. Any animal found in the city without a license tag, running at large, or otherwise in violation of this subchapter, shall be placed in the animal pound, and an accurate record of the time of placement shall be kept on each animal. Any Animal Control Officer or police officer may impound any dog or other animal found unlicensed or any animal found running at large and shall give notice of the impounding to the owner of the dog or other animal, if known. All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days, unless the animal is a dangerous animal in which case it shall be kept for seven regular business days or the times specified, and except if the animal is a cruelly- treated animal in which case it shall be kept for ten regular business days, unless sooner reclaimed by their owners or keepers as provided by this section. In case the owner or keeper shall desire to reclaim the animal from the pound, the following shall be required, unless otherwise provided for in this code or established from time to time by resolution of the City Council: (1) Payment of the release fee and receipt of a release permit as established by ordinance, as that ordinance may be amended from time to time. (2) Payment of maintenance costs, as provided by the pound, per day or any part of day while animal is in the pound; and (3) If a dog is unlicensed, payment of a regular license fee as established by ordinance, as that ordinance may be amended from time to time, and valid certificate of vaccination for rabies and distemper shots is required. 11 tc) (4) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. REGULAR BUSINESS DAY. One during which the pound is open for business to the public for at least four hours between 8:00 a.m. and 7:00 p.m. (5) Impoundment records shall be preserved for at least three 4X-months and shall show: (a) The description of the animal by species, breed, sex, approximate age and other distinguishing traits; (b) The location at which the animal was seized; (c) The date of seizure; (d) The name and address of the person from whom any animal three months of age or over was received; and (e) The name and address of the person to whom any animal three months of age or over was transferred. (6) If unclaimed, the animal shall be humanely destroyed and the carcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of M.S. § 35.71, as it may be amended from time to time. Provided, however, that if a tag affixed to the animal, or a statement by the animal's owner after seizure specifies that the animal should not be used for research, the animal shall not be made available to any of this type of institution but may be destroyed after the expiration of the five -day period. (B) Notice of impounding. Upon the impounding of any animal, the owner shall be notified by the most expedient means. , of if the owner is ttrAmewn vffWe~ na4iee shall be posted fey five days at the Ci4y Hall deseribing the aniffial and the plaee end time ef taking. (C) Release from animal pound. Animals shall be released to their owners, as follows: (1) If the animal is owned by a resident of the city, after purchase of a license, if unlicensed, and payment of the impounding fee, maintenance and immunization fee; or (2) If the animal is owned by a person not a resident of the city, after immunization of the animal for rabies, and payment of the impounding fee and maintenance. ('89 Code, § 10.06) Penalty, see § 10.99 § 93.2224 SEIZURE BY CITIZEN. It is lawful for any person to seize and impound an animal so found running at large and the person shall within six hours thereafter notify the Police Department Poundfaaste of the seizure. It shall be the duty of the Police Department Poundmaste to place the animal in the City Pound. If the name of the owner of the animal so seized is known to the person who first takes the animal into custody, he or she shall inform the Police Department der of the name of the owner, and the address if known. ('89 Code, § 10.06) § 93.23 IMMOBILIZATION OF ANIMAL. For the purpose of enforcement of this subchapter, any peace officer or person whose duty is animal control may use a so- called tranquilizer gun or other instrument for the purpose of immobilizing and catching an animal. I 1 tc-� ('89 Code, § 10.06) § 93.2423 UNLAWFUL ACTS. It is unlawful for the owner of any animal to: (A) Fail to have the license tag issued by the city firmly attached to a collar worn at all times by the licensed animal; (B) Interfere with any police officer, or other city employee, in the performance of his or her duty to enforce this subchapter; (C) Dogs disturbing the peace. It shall be unlawful for any person to own, keep, have in possession, or harbor any dog which by frequent and habitual howling, yelping, barking, or otherwise, produce noise that unreasonably disturbs the peace, quiet, or repose of a person or persons of ordinary sensibility, provided that the provisions of this section shall not apply to duly authorized hospitals or clinics conducted for the treatment of small animals. Sara i ffte...,als of at least five fninu.,......:a. less than one minute of inte......ptia. The barking must also be audible off of the owner's or caretaker's premises. ('89 Code, § 10.06) Penalty, see § 10.99 § 93.25-24 SUMMARY DESTRUCTION; GROUNDS. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and that animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to the person attempting to impound, the animal may be destroyed in a humane manner. ('89 Code, § 10.06) § 93.2623 RABIES CONTROL; BITES, QUARANTINE, REPORTING. (A) Rabies control. (1) Every animal which bites a person shall be promptly reported to the Chief of Police or designee der and shall thereupon be securely quarantined at the direction of the Chief of Police or designee Poundmaster for a period of 14 days, and shall not be released from quarantine except by written permission of the city. In the discretion of the Chief of Police, the quarantine may be on the premises of the owner or at the veterinary hospital of his or her choice. If the animal is quarantined on the premises of the owner, the city shall have access to the animal at any reasonable time for study and observation of rabies symptoms. In the case of a stray animal or in the case of an animal whose ownership is not known, the quarantine shall be at the animal pound, or at the discretion of the Chief of Police the animal may be confined in a veterinary hospital designated by him or her. (2) The owners, upon demand made by the Police Department Peaxdmaste� or by any other city employee empowered by the Council to enforce this subchapter, shall forthwith surrender any animal which has bitten a human, or which is suspected as having been exposed to rabies, for the purpose of supervised quarantine. The expenses of the quarantine shall be borne by the owner and the animal may be reclaimed by the owner if adjudged free of rabies upon payment of fees set forth in this subchapter and upon compliance with licensing provisions set forth in this subchapter. (3) When an animal under quarantine and diagnosed as being rabid or suspected by a licensed veterinarian as being rabid dies or is killed, the city shall immediately �' (C-) send the head of the animal and rabies data report to the State Health Department for pathological examination and shall notify all persons concerned of the results of the examination. (4) The city shall issue proclamation and take action when rabies is suspected or exists as is required by Minnesota Statutes. (B) Reports of bite cases. It is the duty of every physician, or other practitioner, to report to the Chief of Police the names and addresses of persons treated for bites inflicted by animals, together with other information as will be helpful in rabies control. (C) Responsibility of veterinarians. It is the duty of every licensed veterinarian to report to the Chief of Police his or her diagnosis of an animal observed by him or her as a rabies suspect. ('89 Code, § 10.06) § 93.2726 ANIMALS IN HEAT. Except for controlled breeding purposes, every female animal in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in a manner so that the female animal cannot come in contact with other animals. ('89 Code, § 10.06) § 93.2827 ADDITIONAL GROUNDS FOR IMPOUNDMENT. Any animal found without adequate food or water, or any animal kept in a condition endangering the health or safety of the animal, may be impounded by the city, then held pursuant to the terms of this subchapter. ('89 Code, § 10.06) (Ord. 90 -17, passed 3- 13 -90) ANIMALS AND FOWL § 93.40 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMALS. Includes farm animals and all other animals, reptiles and feathered birds or fowl except dogs, cats, gerbils, hamsters and caged household birds. FARM ANIMALS. Cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens, honey bees and mink. ('89 Code, § 10.07) § 93.41 KEEPING RESTRICTIONS. It is unlawful for any person to keep or harbor any animal, not in transit, except: (A) Farm animals kept in that portion of the city zoned for agricultural purposes; (B) Animals kept in a laboratory for scientific or experimental purposes; or (C) Animals kept in an animal hospital or clinic for treatment by a licensed veterinarian. ('89 Code, § 10.07) Penalty, see § 10.99 § 93.42 TRANSPORT RESTRICTIONS. It is unlawful for any person to transport animals unless they are: ��(C—) (A) Confined within a vehicle, cage or other means of conveyance; (B) Farm animals being transported in the agricultural portion of the city; or (C) Restrained by means of bridles, halters, ropes or other means of individual restraint. ('89 Code, § 10.07) Penalty, see § 10.99 § 93.43 TREATMENT AND HOUSING. (A) Treatment. It is unlawful for any person to treat any animal as herein defined, or any other animal, in a cruel or inhumane manner. (B) Housing. It is unlawful for any person to keep any animal as herein defined, or any other animal, in any structure infested by rodents, vermin, flies or insects, or inadequate for protection against the elements. ('89 Code, § 10.07) Penalty, see § 10.99 § 93.44 TRESPASSES PROHIBITED. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, city park, cemetery, garden or lot without specific permission therefor from the owner. ('89 Code, § 10.07) Penalty, see § 10.99 Adopted by the City Council this Steven W. Cook, Mayor day of , 2013. ATTEST: Jeremy J. Carter, City Administrator (G) C Marc A. Sebora, City Attorney Office of the City Attorney 111 Hassan Street SE Hutchinson, MN 55350 -2522 320- 587.5151/Fax 320- 2344201 TO: Mayor & City Council FROM: Marc A. Sebora, City Attorney DATE: January 17, 2013 SUBJECT: Hutchinson City Code Section 73.17 — Motorized Scooters In November 2004, the Hutchinson City Council adopted Ordinance No. 04 -0389 regulating motorized scooters because the State of Minnesota had no regulations on motorized scooters. The purpose at the time of the enactment of the ordinance was to regulate the operation of scooters on public streets and sidewalks. The Minnesota Legislature has now enacted legislation regulating motorized foot scooters. The legislation includes regulations pertaining to age of operators, protective equipment, operation requirements and application of traffic laws. When regulating foot scooters within the City of Hutchinson, the police department tends to rely on the regulations in state legislation, specifically Minnesota Statute 169.225. Because of this, and the fact that laws pertaining to motorized vehicles, including scooters, can change often, staff is recommending that Hutchinson City Code section 73.17 be amended to read that motorized foot scooters will be regulated pursuant to Minnesota Statute 169.225 of the Minnesota traffic code. An ordinance with the proposed language is attached for your consideration. Printed (in recycled paper- ORDINANCE NO. 13 -0706 AN ORDINANCE AMENDING SECTION 73.17 OF THE HUTCHINSON CITY CODE PERTAINING TO MOTORIZED SCOOTERS THE CITY OF HUTCHINSON HEREBY ORDAINS: §73.17 MOTORIZED SCOOTERS IT, raw Vall 12 VA . .. .. ■ time. Adopted by the Hutchinson City Council this 12`" day of February, 2013 ATTEST: Steven W. Cook, Mayor Jeremy J. Carter, City Administrator t-C6 Marc A. Sebora, City Attorney Office of the City Attorney H1 Hassan street SE Hutchinson, MN 55350.2522 320 - 587- 5151/Bax 320. 2344201 TO: Mayor & City Council Members FROM: Marc A. Sebora, City Attorney DATE: January 17, 2013 SUBJECT: Hutchinson City Code Chapter 34 - Administrative Penalties In 2006, the City Council adopted Ordinance No. 06 -0440, which created an administrative penalty program for certain petty misdemeanors and municipal code violations. The program allowed offenders to pay an administrative fine instead of a traditional fine that was administered by the Minnesota court system. This option was a benefit to both the offender and the City of Hutchinson in that the offense did not go on the offender's driving record or criminal history and it added revenue to the City's public safety /transportation fund. In 2009, the Minnesota legislature enacted legislation regulating administrative citations issued by local units of government. Some of the regulations included limiting the types of offenses that could be issued an administrative citation, limiting the fine amount, and requiring the local unit of government to provide a civil process for a person to contest an administrative citation, which would include employing or contracting a neutral third party. Additionally, a major hindrance to the City's program was the State's regulation that the maximum fine amount for all offenses was set at $60.00 with the State retaining 1/3 of that fine amount. This type of structure made the program much more cost - prohibitive in the City administering it. Due to the regulations enacted by the legislature for the administrative citation program, City staff felt the requirements and limitations were burdensome to the program and did not allow for much benefit to continue the program. Hence, the program has not been active for the last couple of years. Because of this, staff is requesting that Chapter 34 of the Hutchinson City Code, Administrative Penalties, be repealed and removed from City record Should you have questions concerning this, I would be happy to address them at the City Council meeting. Printed on recycled paper - l �e C Marc A. Sebora, City Attorney Office of the City Attorney 111 Hasson sweet SE Hutchinson, MN 5 55350 -25222 2 320- 557.5151/Fax 320 - 234 -4201 TO: Mayor & City Council Members FROM: Marc A. Sebora, City Attorney DATE: January 17, 2013 SUBJECT: Hutchinson City Code Chapter 34 - Administrative Penalties In 2006, the City Council adopted Ordinance No. 06 -0440, which created an administrative penalty program for certain petty misdemeanors and municipal code violations. The program allowed offenders to pay an administrative fine instead of a traditional fine that was administered by the Minnesota court system. This option was a benefit to both the offender and the City of Hutchinson in that the offense did not go on the offender's driving record or criminal history and it added revenue to the City's public safety /transportation fund. In 2009, the Minnesota legislature enacted legislation regulating administrative citations issued by local units of government. Some of the regulations included limiting the types of offenses that could be issued an administrative citation, limiting the fine amount, and requiring the local unit of government to provide a civil process for a person to contest an administrative citation, which would include employing or contracting a neutral third party. Due to the regulations enacted by the legislature for the administrative citation program, City staff felt the requirements and limitations were burdensome to the program and did not allow for much benefit to continue the program. Hence, the program has not been active for the last couple of years. Because of this, staff is requesting that Chapter 34 of the Hutchinson City Code, Administrative Penalties, be repealed and removed from City record Should you have questions concerning this, I would be happy to address them at the City Council meeting. Printed on recycled paper- 1 � L—P—J ORDINANCE NO. 13 -707 — AN ORDINANCE REPEALING CHAPTER 34 OF THE HUTCHINSON CITY CODE — ADMINISTRATIVE PENALTIES The City Council of the City of Hutchinson does hereby repeal the following ordinance: C14 zPT--E 3n 4 . A rAi494 A TIVE PEN A LTIES s'ec"tiRn 34.01 Purpose 34.02 Definition of administrative efF ....e 1 1 _ : 1_ ■ 1 • mmmm ■ •Lf SIT 1 .. 1 1 _ • /. 1 1 1 1_ • 1 _ 1 . ■ / 1 1 _ S _ •Lf SIT 1 .. 1 1 _ • 1 _ 1 . ■ / 1 1 _ ._ MR. MMIEW! Adopted by the City Council this day of 2013. Steven W. Cook, Mayor ATTEST: Jeremy J. Carter, City Administrator I � (�P-) Planning, Zoning, and Building Dept. Monthly Report December 2012 Buildina Department Permit Activities Y I Commercial Remodel: 2 Commercial New: Other Building Inspection Activities: Plannina, Zoning, and Building Department— Other Activities Facilities Management/Maintenance Activities: Evergreen Meals served in December, 2012 Park Silver Week Of Hutchinson Towers Lake Glencoe Brownton Stewart 12/2011 1212012 2011 Year to Date 2012 Year to Date Total Number Inspections 92 319 1381 1508 Total Number Plan Review 83 9 41 57 Building Permits Issued by Type Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Year to Date Number Permits & Valuation Commercial new 0 0 1 - $1,450,000 4-$494,900 Commercial Additions/ Remodels 7-$168,300 5 - $123,300 101 - $2,977,085 93 - $3,447,572 Industrial (new) 0 0 0 0 Industrial Additions/Remodels 0 0 1 - $8,500 3 - $864,600 Fire Sprinkling 0 0 3- $139,700 5-$7,730 Total New Residential Units (Single Family, twins, townhomes) 0 0 3-$690,053 5 - $935,140 Residential misc. additions, repairs, remodels, etc 6-$22,850 8 - $25,000 141 - $809,312 117 - $771,064 Set fee permits reside, reroof, window replacement, misc. * 13 9 573 562 HRA Permits 0 2 15 - $363,400 18 - $149,146 Subtotal Building Permits: $191,150 $148,300 $6,438,050 $6,670,152 Mechanical 12-$8,782 9-$12,850 175- $2,240,584 168 - $1,183,714 Plumbing* 4 3 55 68 Signs* 12 5-$103 81 86-$291 Total Permits issued and valuation 54- $199,932 41- $161,253 1,149 - $8,678,634 1,146 - $7,854,157 ' Set fees not included in valuation Y I Commercial Remodel: 2 Commercial New: Other Building Inspection Activities: Plannina, Zoning, and Building Department— Other Activities Facilities Management/Maintenance Activities: Evergreen Meals served in December, 2012 Park Silver Week Of Hutchinson Towers Lake Glencoe Brownton Stewart 12/1-12/8 233 174 62 144 41 62 12/9-12/15 271 195 83 179 41 83 12/16 -12122 236 178 84 159 54 75 12/23 -12/29 135 110 38 96 29 44 12/30 -12/31 51 32 9 32 0 13 Total 926 689 276 610 1651 277 Total Meals served in November -2,943 Dates Closed: December 10 (weather), 24 & 25 (Christmas) Planning, Zoning, and Building Dept. Monthly Report for December, 2012 Page 2 Planning and Zoning Monthly Activities MonthNear: December, 2012 Activity Number Additional Info. Number of Planning Applications 2 Conditional use permit and site plan — McDonald's Reviewed and Processed Restaurant Number of Joint Planning Board 0 Applications Reviewed and Processed Number of Planning Commission 0 Meetings Number of Joint Planning Meetings 0 Number of Zoning Reviews for Building Permits 2 Number of Land Use Permits Issued 3 Number of Zoning Review for Sign 5 Permits Number of Predevelopment/Pre 0 Application Meetings Number of Misc. Planning Meetings 14 Management team — 2 Resource Allocation, Land Use Training, Council Workshop, Public Arts — 2, Facility Meeting, Transportation Plan Teleconference, Met with Terry Davis, Fairgrounds meeting, Solar Discussion, Joint Planning Board Discussion Number of Zoning Enforcement Cases 1 Sonora' s Sign Violation Number of Walk -In Customers Served 214 Site Visits 4 Hutch Iron and Metal, Customer Elations, West River Park Stage, Dollar Tree. Dan Jochum attended a Land Use Training Session in St. Louis Park— 12 -5-12 Sidewalk Snow Removal Monthly Report December 2012 Monthly Summary of Sidewalk Snow Removal Noncompliance A summary of sidewalk snow removal notices left at properties not in compliance with Chapter 90.01 Ice and Snow on Public Sidewalks, of the Hutchinson City Code of Ordinances can be found below. 24 hours were given to those receiving notice to remove snow deposited onto the public sidewalk. Number of properties that received snow removal notice 7 Number of properties cleared by City order I Number of properties pending compliance at month's end 0 Properties that were ordered to be cleared by the City House street Quadrant Property Owner City PID Joshua & Kerry Schimmel 145 1st Ave SE 1451st Ave SE 06- 116 -29 -03 -0160 Hutchinson, MN 55350 Daniel R & Linda M Turner 250 3rd Ave SE 1045 Goebel St SW 06- 116 -29 -07 -0010 Hutchinson, MN 55350 Veniamin Verstyak 570 Adams St SE 570 Adams St SE 06- 116 - 29-10 -0020 Hutchinson, MN 55350 Thomas Malchow Jr & Mary Hannahs & 554 Adams St SE Timothy Pessek 06- 116 -29.07 -0740 24554 Oday Ave Hutchinson, MN 55350 Bradley G Burch 445 Adams St SE 445 Adams St SE 06- 116 -29-07 -0560 Hutchinson, MN 55350 Slix & Brix Inc 435 Adams St SE 307 N Holcombe Ave 08- 116 -29 -07 -0590 Litchfield, MN 55355 Slix & Brix Inc 425 Adams St SE 307 N Holcombe Ave 06- 116 -29- 07-0600 Litchfield, MN 55355 a(-):� Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 320 -587 -5151 / Fax 320 - 234 -4240 To: Mayor & City Council From: Andy Reid, Controller CC: Jeremy Carter, City Administrator Date: January 17, 2013 Subject: December Financial Reports - Unaudited Attached for your review are the December financial reports for the General Fund and Enterprise Fund operations. These are unaudited financial statements and will be modified over the next two months as we prepare year end entries. I don't anticipate much will change to these reports, other than some expense accruals for items paid in 2013 related to 2012, interest earnings, depreciation expense, minor payroll related accruals and entries to move debt principal payments to the balance sheet. There will be minor revenue accruals in some of the enterprise funds as well. The cash balances referenced in the notes are accurate with the only anticipated change being the addition of interest earnings. The General Fund report shows that expenses exceed the budget by $194,126 with the following activity resulting in the variance: • HSA Contributions $ 68,911 • ARMER Project $ 101,697 • COPS Grant 74,835 Total Additional Expense $ 245,443 The HSA Contributions are payments made by the City into employee HSA accounts. Our goal is to absorb this expense in the General Fund but we plan to use Self Insurance Fund dollars if needed. The ARMER project was a major undertaking by the County and City to upgrade the public safety radio system per the State's mandate. We have reserved $200,000 in the Capital Projects Fund for this project and we will most likely move the majority of this expense to that Fund since that is where we have an offsetting receivable of $127,000 based on the grant. The COPS grant is simply a pass -thru of grant proceeds to the School District. A budget amendment will likely be made to account for the additional revenue and expense. Taking these three items out of the General Fund expenses would result in actual expenses being $51,317 under budget, indicating that the City stayed within its 2012 expense budget. �-(c) Likewise, looking at the General Fund revenue shows that we exceeded the budget by $358,808 with the following activity contributing to the surplus: • COPS Grant • FEMA Reimbursement • Workers Compensation premium rebate • Property & Casualty premium rebate • Emerald Ash Borer transfer Total Additional Revenue $ 74,835 $ 66,843 — related to July 2011 storm damage $ 20,793 $ 70,609 55,000 — transfer into General Fund reserves $ 288,080 Taking these items out of the General Fund revenue would result in the actual revenue exceeding the budget by $70,728. Feel free to contact me with any questions. 7D(C) CITY OF HUTCHINSON Financial Report - GENERAL FUND For the month of December, 2012 SUMMARY FINANCIAL STATEMENT: Salaries & Fringe Benefits This expense category is over budget due to the unbudgeted contributions the City made to employee HSA accounts; $68,911. We looks to absorb the HSA contributions in the General Fund if possible, otherwise Self Insurance Fund dollars would be used if necessary. Workers compensation rates were also higher than anticipated, however the Category 2012 Month of December 2012 YTD December 2012 Budget 2012 Budget Balance % Used 2011 YTD December 2011 Approved Budget % Used REVENUES: the COPS grant; $74,835. The City Center ATM replenishment expense was $15,000 higher than anticipated and the Lodging Tax expense was $15,300 higher than anticipated. Both of these items are driven by revenue received by the City, so the expense is offset by corresponding revenue in the Reimbursements category. 1 4005 Taxes & Penalties 2,185,660 4,486,736 4,491,446 4,710 99.9% 4,211,731 4,491,446 93.8% 4050 Licenses 1,010 58,562 53,500 5,062 109.5% 52,544 51,300 102.4% 4070 Permits 6,354 175,061 158,950 16,111 110.1% 170,816 246,600 69.3% 4100 Intergovernmental 30,353 1,327,021 1,194,876 132,145 111.1% 1,333,615 1,144,277 116.5% 4250 Charges for Services 634,529 1,832,242 1,852,400 20,158 98.9% 1,819,031 1,843,596 98.7% 4400 Fines & Forfeitures 8,176 60,498 45,000 15,498 134.4% 50,604 45,000 112.5% 4620 Investment Earnings 5,568 35,000 29,432 15.9% 67,429 70,000 96.3% 4700 Reimbursements 145,902 550,362 407,152 143,210 135.2% 466,447 568,385 82.1% 4800 Transfers 943,124 2,198,089 2,090,376 107,713 105.2% 2,273,435 2,161,535 105.2% 4890 Surchar a 1,251 3,718 350 3,368 1062.3% 394 400 98.4% 4998 Fund Balance 10,000 10,000 0.0 °� - 15,000 0.0% TOTAL REVENUES 3,953,856 10,697 858 10,339,060 368,808 103.5% 10,446 046 10 637,539 98.2% EXPENDITURES: 6105 Salaries & Fringe Benefits 612,326 6,712,688 6,633,597 79,091 101.2% 6,769,039 6,607,157 102.5% 6200 Supplies, Repairs, Maint. 137,961 823,926 790,835 33,091 104.2% 760,878 761,532 99.9% 6300 Contracted Services 23,831 436,661 462,442 25,781 94.4% 454,596 465,925 97.6% 6306 Services &Charges 226,545 2,159,717 2,155,664 4,053 100.2% 2,090,506 2,233,927 93.6% 6600 Debt Service - 0.0% - - 0.0% 6700 Transfers 91,650 92,750 1,100 98.8% 89,300 89,300 100.0% 6900 Misc. Expenses 11,247 307,114 203,762 103,352 150.7% 208,955 479,698 43.6% 7000 Capital Outlay 1,420 1,420 100.0% - - 0.01% TOTAL EXPENDITURES 1,011,909 10 633 176 10,339,060 (194,126) 101.9% 10,373,274 10,637,539 97.5% TOTAL REVENUE OVER UNDER EXPENDITURES 2 941 947 164 682 164,682 100.0% 72,773 - 100.0% COMMENTS: REVENUES: Taxes & Penalties The second half tax settlement was received in December. We will receive the final 2012 settlement from the County in February 2013 which will be accrued to 2012 revenue. We expect the final settlement to be around $20,000 to $30,000. Intergovernmental This income category is over budget due to the unbudgeted COPS grant proceeds; $74,835 and the FEMA reimbursement related to the July 2011 storm damage; $66,843. The COPS grant revenue was disbursed to the School District as they incurred the expenditures while the City only administered the grant. Miscellaneous Expense includes the payment to the School District; $74,835. Investment Earnings Investment earnings will be calculated and booked over the next two months as Finance prepares for the audit. Reimbursements This income category is over budget due to unbudgeted premium rebates received from the League related to the 2011 workers compensation premiums paid; $20,793 and for the 2 01 112 01 2 property & casualty premiums paid; $70,609. Transfers This income category is over budget due to the Emerald Ash Borer transfer from the Refuse Fund; $55,000 and the unbudgeted reimbursement from HUC for the energy tree program; $29,572. We did not anticipate reimbursement from HUC related to the tree program as we modified our forestry program in 2012 and there was some uncertainty. EXPENDITURES: Salaries & Fringe Benefits This expense category is over budget due to the unbudgeted contributions the City made to employee HSA accounts; $68,911. We looks to absorb the HSA contributions in the General Fund if possible, otherwise Self Insurance Fund dollars would be used if necessary. Workers compensation rates were also higher than anticipated, however the premium rebate received from the League, mentioned above, offsets the majority of additional expense. Supplies, Repairs, Maint. This expense category is over budget due to the unbudgeted LETG expenditures in the Police department; $37,048. Services & Charges This expense category includes unbudgeted expenses related to the ARMER project; $101,697. These expenses, or a portion, will most likely be reclassified to the Capital Projects Fund where we have reserved $200,000 for this project. Misc. Expenses This expense category is over budget due to the unbudgeted payment of grant proceeds to the School District related to the COPS grant; $74,835. The City Center ATM replenishment expense was $15,000 higher than anticipated and the Lodging Tax expense was $15,300 higher than anticipated. Both of these items are driven by revenue received by the City, so the expense is offset by corresponding revenue in the Reimbursements category. 1 EXPENDITURES BY DEPARTMENT: 2012 Month 2012 YTD 2012 Approved 2012 Budget %Used 11 Approved %Use Department of December December Budget Balance get Mayor & City Council 6,429 44,145 53,814 9,669 82.0% "414,522381,614 1,866 80.5% City Administrator 36,478 375,518 380,851 5,333 98.6% 85,766 126.2% Elections 461 18,939 16,000 (2,939) 118.4% 10,000 36.9% Finance Department 31,084 356,683 364,529 7,846 97.8% 81,614 108.6% le 23,055 285,185 271,910 (13,275) 104.9% 2 80,644 252,887 111.0% 61,079 61,911 832 98.7% 60,911 61,911 98.4% 23,350 228,485 233,181 4,696 980% 222,090 234,519 94.7% jor (27,324) 109,393 117,320 7,927 93.2°/ 156,990 170,830 91.9% Services 92,241 454,560 452,687 (1,873) 100.4% 323,808 360,943 B9.7% artment 314,832 3,130,205 2,915,131 (215,074) 10714% 21887,062 3,029,871 95.3% Emergency Management 807 12,706 13,025 319 97.6% 15,873 10,000 158.7% Safety Committee - 7,734 13,450 5,716 57.5% 9,281 13,450 69.0% Fire Department 34,851 314,446 296.805 (17,641) 105.9% 471,921 460,763 102.4% Protective Inspections 56,933 206,417 206,188 (229) 100.1% 156,453 155,350 100.7% Engineering 36,668 478,125 457,614 (20,511) 104.5% 467,064 463,959 100.7% Streets & Alleys 169,125 1,366,419 1,308,421 (57,998) 104.4% 1,493,769 1,437,814 103.9% City Hall Building 14,155 115,652 121,698 6,046 95.0% 113,938 131,427 B6.7% Park/Recreation Administration 22,475 205,739 215,295 9,556 95.6% 209,854 211,546 99.2% Recreation 9,732 210,964 217,894 6,930 96.8% 214,195 218,893 97.9% Senior Citizen Center 4,612 63,434 67,635 4,201 93.B% 65,493 72,990 89.7% Civic Arena 53,522 321,405 326,765 5,360 98.4% 346,474 331,624 104.5% Park Department 48,138 742,245 721,981 (20,264) 102.8% 720,085 720,738 99.9% Recreation Building & Pool 13,287 191,402 187,760 (3,642) 101.9% 177,697 185,393 95.8% Events Center 16,994 184,734 231,225 46,491 79.9% 191,680 224,688 85.3% Evergreen Building 2,478 11,278 12,305 1,027 91.7% 11,570 13,130 88.1% Library 4,008 183,474 183,970 496 99.7% 182,409 183,759 99.3% Cemetery 5,851 88,924 108,400 19,476 82.0% 164,670 112,511 146.4% Airport 11,077 88,313 100,235 11,922 88.1% 97,024 101,314 95.8% Revenue Department - - 50,000 50,000 - 50,000 Unallocated General Expense 6,593 675,572 631,050 (44,522) 107.1% 385,649 597,983 64.5% TOTAL EXPENDITURES 1,011.909 10 533 176 10,339,060 194 126 101.9% ..10-373,274 1%637.539 539 97.5% 0 -(C-) Department: Liquor Fund: JU uor 2011 2012 2012 YTD 1,703,186 2012 Budget % Used 2011 YTD 2011 Approved % Used Category Month of December et Budget dg -39.2% 5,325,305 December Budget 225,068 220,323 December $ 2166 $ 22.81 Balance REVENUES: 4450 Sales - Liquor 224,792 1,779,305 1,705,453 73,852 104.3% 1,703,186 1,705,453 99.9% 4450 Sales - Wine 144,098 886,507 852,364 34,143 104.0% 840,945 759,895 110.7% 4450 Sales - Beer 243,841 2,645,850 2,601,267 44,583 101.7% 2,533,203 2,681,718 94.5% 4450 Sales - Other 2,046 13,642 21,142 7,500 64.5% 22,451 11,142 2015% 4620 Investment Earnings 82 1,878 1,000 878 187.8% 1,340 3,000 44.7% 4700 Reimbursements 1,419 4,637 2,000 2,637 231.9% 3,162 - 100.0% - 00% 9,046 - 100.0% 4998 Fund Balance - TOTAL REVENUES 612,185 5,331,820 5,183,226 148,594 102.9% 5113,332 5,161,208 99.1% Gross Margin 157,443 1,305,232 1,248,158 57,074 104,6% 1,231,595 1,223,629 1007% % 25.8% 24.5% 24.1% 24.1% 23.7% EXPENDITURES: 6800 Cost of Sales 453,241 4,020,072 3,932,068 88,004 102.2% 3,868,190 3,934,579 98.3% 61 05 Salanes 8 Fringe Benefits 42,631 473,668 436,850 36,818 108.4% 463,263 439,844 105.3% 6200 Supplies, Repairs, Maint. 1,652 14,500 16,600 2,100 87.3% 12,150 20,400 59.6% 6306 Services 8 Char as 24,614 185,018 186,500 1,482 99.2% 177,762 168,105 105.7% 6600 Debt Service 39,723 39,723 128,035 88,312 31.0% 43,308 128,048 33.8% 6700 Transfers 420,000 420,000 420,000 - 100.0% 451,030 451,030 100.0% 6898 Depreciation - - 77,671 77,671 0.0% 72,968 77,671 93.9% 6900 Misc. Expenses - 7,599 3,650 3,949 208.2% 4,119 3,250 126.7% 0.0% 0.0% 7000 Ca ital Outlay - - TOTAL EXPENDITURES 981,862 5,160,581 5,201,374 40,79 99.2% 5,092,789 5 222 927 97.5% TOTAL REVENUE OVER UNDER EXPENDITURES (369,6771 171,239 18148 189,387 - 943.6% 20543 61719 -33.3% COMMENTS: CASH BALANCE: REVENUES: Sales Sales: Liquor Wine Beer Other Total Sales YTD Customer Count Average Sale per Customer Investment Earnings Gross Margin EXPENDITURES: Cost of Sales Debt Service Depreciation The end of year cash balance in the Liquor Fund is $73,239, up from $10,552 last year. This is after the transfer to the General Fund; $420,000, the debt payments to the Water 8 Sewer funds; $128,035 and the roof improvements; $61,890. Total 2012 sales are up 4.4% over last year while the YTD customer count is up 2.2%. The December customer count decreased 3.7% from last year while monthly sales increased 0.8% over last December. YTD YTD 2012 2011 Change 1,779,305 1,703,186 4.5% 886,507 840,945 5.4% 2,645,850 2,533,203 4.4% 13,642 22,451 -39.2% 5,325,305 5,099,785 4.4% 225,068 220,323 2.2% $ 2166 $ 22.81 33% December December 2012 20111 Change 224,792 219,378 2.5% 144,098 144,754 -0.5% 243,841 241,950 0.8% (2046) (199) 926.0% 610,684 605,883 0.8% 22,109 22,959 -33% $ 27.62 $ 26.39 4.7% Investment earnings will be calculated and booked over the next two months as Finance prepares for the audit. The gross margin increased slightly for the year to 24.5 %, up from 24.1 % in 2011. Cost of sales exceeds the budget by $88,004 due to higher sales than anticipated. The loan payments to Water and Sewer Funds were made in December; $128,035. The principal payments have been applied against the payable on the balance sheet. Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audit. acG.) Department: Creekside Fund Com ost 2012 2012 YTD 2012 Budget % Used 2011 YTD Approved %Used Category Month of December Budget December Bud et 9 December Balance REVENUES: Charges for Services This category also includes freight reimbursement for hauling raw material out of Ramsey County; $90,584. The freight revenue is an offset to the freight expense in Cost of Sales. Sales Total 2012 sales reflect a 20% increase over YTD 2011. Creekside has sold 292,182 more bagged product in 2012 than in 2011 equating to a 20.8% increase. Bulk sales increased by 8,513 yards in 2012 over 2011. 4250 Charges for Services 18,770 197,445 132,000 65,445 149.6% 195,374 20,000 976.9% 128.8% 4450 Sales - Bulk Product 1,283 215,239 145,000 70,239 148.4% 128,754 100,000 4450 Sales - Ba ed Product 43,919 1,947,682 1759,629 188,053 110.7% 1,680,314 1,700,000 96.3% 4450 Sales - Other 149 81,621 66,000 15,621 123.7% 64,496 67,000 100.0% 4620 Investment Earnings - 705 - 705 6,741 100.0% 774.1 % 6,338 11,258 - 2,000 562.9% 4700 Reimbursements 4,894 7,741 1,000 - 0.0 % 9,029 - 100.0% 4998 Fund Balance - - - TOTALREVENUES 69,015 2,450434 2,103,629 346,805 116.5% 2,095,564 1,889000 110.9% Gross Margin (3,192) 348,578 769,686 (421,108) 45.3% 149,8500% 1,01 148 /0 % -7.0% 15.5% 39.1% 542% EXPENDITURES: 6800 Cost of Sales 48,543 1,695,965 1,200,943 695,022 1,724,062 856,000 201.4% 6105 Salaries &Frin eBenefits 9,485 100,871 478,605 377,734 178,959 578,863 30.9% 44.3% 6200 Su lies, Re airs, Maint. 31,376 1,161 24,350 23,189 23,074 52,130 111.6% 6300 Contractetl Services 16,287 122,136 58,000 64,136 47,972 43,000 57.2% 6306 Services &Char es 6,878 25,515 117,800 92,285 85,948 150,295 100.1% 6700 Transfers 57,800 57,800 57,800 - 57,881 57,800 146,184 17.1% 6898 De reciation 11,682 135,792 70,290 206,082 24,947 6900 Misc. Ex enses 1,702 18,453 8,500 9,953 8,706 12,500 69.6% 0.0% 7000 Ca ital Outla - 125,000 125,000 - 94,000 TOTAL EXPENDITURES 127,664 2,086109 2,141288 55,179 97.4% 2,151,550 1990,772 108.1% TOTAL REVENUE OVER 58649 364,325 37659 401.984 - 967.4% 55986 101772 55.0% UNDER EXPENDITURES COMMENTS: CASH BALANCE: The end of year cash balance in the Compost Fund is $873,070; an increase of $417,919 from last year. REVENUES: 2012 includes the sale of the debagger to St. Cloud; $45,000 and the tip fee from St. Cloud for composling services; $52,000. Charges for Services This category also includes freight reimbursement for hauling raw material out of Ramsey County; $90,584. The freight revenue is an offset to the freight expense in Cost of Sales. Sales Total 2012 sales reflect a 20% increase over YTD 2011. Creekside has sold 292,182 more bagged product in 2012 than in 2011 equating to a 20.8% increase. Bulk sales increased by 8,513 yards in 2012 over 2011. YTD YTD December December Sales, 2012 2011 Change 1 2012 2011 Change Ys Bagged (# of bags) 1,698,159 1,405,977 292,182 20.8% 37,458 23,060 14,398 62.4% Bulk (yards) 18,022 9,509 8,513 89.5% 229 158 71 44.9% Investment Earnings Investment earnings will be calculated and booked over the next two months as Finance prepares for the audit. EXPENDITURES: Contracted Services The majority of this expense category relates to temporary labor used in operations and marketing. The remaining activity relates to services at the St. Cloud site which we are managing; $22,706. Transfers The transfer to the General Fund was made in December; $57,800. Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books forthe audit. a(c) Department: IRefuse Fund: lRefuse 2012 2012 YTD 2012 2012 Budget %Used 2011 YTD 2011 Approved %Used Category Month of December Budget December Budget December Balance REVENUES: 4100 Intergovernmental 6,278 25,121 26,000 879 96.6% 25,778 29,466 87.5% - 0.0% - - 0.0% 4250 Charges for Services - 94,618 - 1,136,131 - 1,143,100 6,969 99.4% 1,143,949 1,167,000 98.0% 4450 Sales 997 - 997 100.0% 10,963 100.0% 4620 Investment Earnings - - 60% 833 100.0% 4700 Reimbursements - - - - 0.0°/ 18,086 - 100.0% 4998 Fund Balance - - TOTAL REVENUES 100,896 1,162,249 1,169,100 6,851 99.4% 1,199,610 1,196,466 100.3% EXPENDITURES: 6800 Cost of Sales - 130 5,000 4,870 2.6% 2,145 5,000 42.9% 6105 Salaries 8 Frin a Benefits 14,300 176,798 148,420 28,378 119.1% 172,325 143,945 119.7% 6200 Supplies, Repairs. Maint. 3,468 35,405 68,700 33,295 51.5% 112,681 122,950 91.6% 6300 Contracted Services 1,576 11,510 15,000 3,490 76.7% 17,044 31,000 55.0% 6306 Services &Cha es 106,478 551,762 658,417 6,655 99.0% 682,564 667,800 102.2% 6600 Debt Service 2,483 2,483 - 2,483 100.0% - 0.0% 100.0% 6700 Transfers 55,000 55,000 55,000 - 100.0% 55,000 - - 163,073 163,073 0.0% 216,980 264,811 81.9% 6898 Depreciation - 53 827 - 827 100.0% 487 - 100.0% 6900 Misc. 'lenses 0.0% - 154,000 0.0% 7000 Ca ital Outlay - - TOTAL EXPENDITURES 183,359 933,914 1,113,610 179,696 83.9% 1,259,226 1,389,506 90.6% TOTAL REVENUE OVER 228,335 55 490 172 845 411.5% 596 6 (193,0401 30.9% UNDER EXPENDITURES (82,463 COMMENTS: CASH BALANCE: The and of year cash balance in the Refuse Fund is $852,585; an increase of $225,800 from last year. REVENUES: Sales Sales came in slightly under budget for the year. Investment Earnings Investment earnings will be calculated and booked over the next two months as Finance prepares for the audit. EXPENDITURES: Supplies, Repairs, Maint. The YTD 2D12 decrease from YTD 2011 is due primarily to the compost bag program; $(67,857). We changed our program in 2011, handing out bags to residents on pre - determined dates at the Fairgrounds and anytime at City Center rather than delivering door- to-door. History has shown that many bags delivered door -to door were simply being thrown out in the trash. This change has resulted in a significant savings in bag cost. Transfers The transfer was made in December for the Emerald Ash Borer reserve; $55,000. Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audit. Depart ment: Water Fund: lWater 2012 2012 2011 2012 2012 2011 Budget %Used Approved %Used Category Month of December December Budget ember beer Budget December Balance REVENUES: Taxes above reflects January thru October receipts from the State. Sales Water sales exceeded the budget while total consumption is flat from last year. Industrial consumption is down 21% from last year due mostly to the drop in usage by HTI's production process. Commercial consumption is up 11% while residential consumption is up 8 %. 4005 Taxes 97,835 491,217 252,000 239,217 194.9% 39 - 100.0% Residential 58% 54% 100% 100% Investment Eamings - 0.0% 1,103 - 100.0% 4020 S ecial Assessments - - 0.0% 4100 Inte ovemmental - 9,271 - 9,271 13,704 100.0% 142S%1 - 41,289 1 - 32,000 129.0% 4250 Char as for Services 6,494 189,712 45,704 2,530,178 32,000 2,347,500 182,678 107.8% 2,418,449 2,501,500 96.7% 4450 Sales 19,862 22,962 20,000 2,962 114.8% 28,436 20,000 142.2% 4620 Investment Earnin s 6,932 29,667 64,017 34,350 46.3% 10,962 63,802 17.2% 4700 Reimbursements 60 100.0% 120 - 100.0h 4800 Transfers - 60 - 0.0% 834,344 . 1000% 4998 Fund Balance - - TOTAL REVENUES 320,834 3,129,059 2,715,517 413,642 115.2% 3,334743 2,617302 127.40/6 EXPENDITURES: 6105 Salaries & Frin a Benefits 34,266 402,832 443,330 40,498 90.9 % 434,294 452,846 95.9% 6200 Su lies, Re airs, Maint. 12,794 103,721 143,975 40,254 72.0% 108,192 149,600 72.3% 6300 Contracted Services 4,391 19,737 50,000 30,263 39.5% 22,116 50,000 44.2% 6306 -N es 53,314 53.314 388,715 405,550 16,835 95.8% 345,888 485,450 71.3% 6600 Debt Service 226,721 1,252,941 1,218,884 34,057 102.8% 495,789 1,211,338 40.9% 6700 Transfers 327,361 327,361 43,145 284,216 758.7% 199,699 43,145 462.97. °h 1,020,000 1,020,000 0.0% 1,028,895 1,000,000 102.9 6898 Depreciation - 57 11,855 15,850 3,995 74.8% 8,763 13,450 65.2% 6900 Misc. Expenses 250,000 231,064 7.6% 240,000 0.0% 7000 Capital Outlay 18,936 TOTAL EXPENDITURES 658,924 2,526,098 3,590,734 1,064,636 70.4% 2,643,636 3 645 829 72.5% TOTAL REVENUE OVER 338 090 602 961 (875,217) 1,478,17 8 -68.9% 691 107 (1,028,527 b7.2% UNDER EXPENDITURES COMMENTS: CASH BALANCE: The end of year cash balance in the Water Fund is $2,482,880; an increase of $645,114 from last year. REVENUES: This income category consists of the Local Sales Tax which was effective January 1, 2012. The YTD 2012 amount shown Taxes above reflects January thru October receipts from the State. Sales Water sales exceeded the budget while total consumption is flat from last year. Industrial consumption is down 21% from last year due mostly to the drop in usage by HTI's production process. Commercial consumption is up 11% while residential consumption is up 8 %. Breakout of total water consumption: 2012 2011 Industrial 22% 28% Commercial 20% 18% Residential 58% 54% 100% 100% Investment Eamings Current month Investment earnings reflect the interest payment from the Liquor Fund loan. Earnings on the fund's cash balance will be calculated and booked over the next two months as Finance prepares for the audit. EXPENDITURES: Transfers Transfers were made in December to the General Fund: $43,145 and to the 2012 Construction Fund; $284,21610 reimburse a portion of the project costs. Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audit. IBC C) Department: lWastewater Fund: Sewer 2012 2012 YTD 2012 Budget %Used 2011 YTD 2011 Approved %Used Category Month of December Budget % December Budget $ 174,514 315,494 181,373 $ (10,171) (208,513) 27,641 December $ 31,376 - 413,043 $ 35,878 11,897 598,076 Balance -12.5% - 100.0% -30.9% Total $ 480,338 REVENUES: $ (191,043) -28.5% $ 444,419 $ 645,851 $ (201,432) -31.2% 4005 Taxes 135,105 678,347 348,000 330,347 194.9% - - 0.0% 4070 Permits 200 6,996 7,000 4 99.9% 6,796 7,500 90.6% 4250 Charges for Services 13,906 7,000 6,906 198.7% 7,228 6,000 120.5% 4450 Sales 283,880 3,372,702 3,190,000 182,702 105.7% 3,720,793 3,494,000 106.5% 4620 Investment Earnings 19,862 24,328 20,000 4,328 121.6% 30,102 20,000 150.5% 4700 Reimbursements 8,608 54,572 64,017 9,445 85.2% 43,025 - 100.0% - 0.0% - 63,802 0.0% 4800 Transfers - - 0.0% 261,557 100.0% 4998 Fund Balance - - - TOTALREVENUES 447,654 4,150,852 3,636,017 514,835 114.2% 4,069503 3,591302 1113% EXPENDITURES: 6105 1 Salaries 8 Fringe Benefits 51,226 599,327 623,725 24,398 96.1% 609,157 620,093 982% 6200 ISupplies, Repairs, Maint. 26,936 224,359 405,500 181,141 55.3% 397,480 404,500 98.3% 6300 Contracted Services 4,013 107,503 120,000 12,497 89.6% 105,190 120,000 873% 6306 Services 8 Charges 86,318 627,227 747,300 120,073 83.9% 644,879 737,225 87.5% 6600 Debt Service 215,964 1,555,439 1,527,212 28,227 101.8% 474,302 1,516,000 31.30/0 6700 Transfers 271,922 271,922 43,145 228,777 630.3% 97,168 43,145 225.2% 6898 Depreciation 324 324 1620,000 1,619,676 0.0% 1,620,503 1,620,000 100.0% 6900 Misc. Expenses 68 19,836 27,000 7,164 73.5% 20,238 22,600 89.6% 7000 Capital Outlay 350,000 350,000 0.0% 350,000 0.0% TOTAL EXPENDITURES 656,770 3,405,937 5,463,882 2,057,945 62.3% 3,968917 5,433,563 73.0% TOTAL REVENUE OVER UNDER EXPENDITURES (209,116) 744,915 1 827 865 2,572,780 -40.8% 100,586 S.5% COMMENTS: CASH BALANCE: The end of year cash balance in the Sewer Fund is $3,548,170; an increase of $747,985 from last year. REVENUES: Taxes This income category consists of the Local Sales Tax which was effective January 1, 2012. The YTD 2012 amount shown above reflects January thru October receipts from the State. Sales Sewer sales exceeded the budget but fell 10% below last year's sales. The decrease from 2011 is due mostly to the reduced wastewater flow from HTI and the reduced load surcharge revenue from Only. The loss in load surcharge revenue is offset in part by less chemical expense to treat the wastewater. December activity includes accrued revenue related to Purified Renewable Energy who is hauling waste water out of their Buffalo Lake ethanol plant to Hutchinson's wastewater plant; $29,935. Investment Earnings Current month investment earnings reflect the interest payment from the Liquor Fund loan. Earnings on the fund's cash balance will be calculated and booked over the next two months as Finance prepares for the aud8. EXPENDITURES: Supplies, Repairs, Maint. The majority of this expense category is for chemicals which is tracking below budget YTD and substantially below last years expense level. This is due mainly to issues last year with treating high levels of phosphates discharged by Ohly. Ohly has the issue under control this year resulting in less expense which in turn results in lower revenue as explained above. Transfers Transfers were made in December to the General Fund: $43,145 and to the 2012 Construction Fund; $228,777 to reimburse a portion of the project costs. Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audit. I I(C-) Industrial Users: YTD 2012 FLOW REVENUE YTD 2011 Change % YTD 2012 LOAD SURCHARGES YTD 2011 Change % 3M HTI Ohly $ 164,343 106,981 209,014 $ 174,514 315,494 181,373 $ (10,171) (208,513) 27,641 -5.8% -615.1% 15.2% $ 31,376 - 413,043 $ 35,878 11,897 598,076 $ (4,502) (11,897) 185,033 -12.5% - 100.0% -30.9% Total $ 480,338 $ 671,381 $ (191,043) -28.5% $ 444,419 $ 645,851 $ (201,432) -31.2% Investment Earnings Current month investment earnings reflect the interest payment from the Liquor Fund loan. Earnings on the fund's cash balance will be calculated and booked over the next two months as Finance prepares for the aud8. EXPENDITURES: Supplies, Repairs, Maint. The majority of this expense category is for chemicals which is tracking below budget YTD and substantially below last years expense level. This is due mainly to issues last year with treating high levels of phosphates discharged by Ohly. Ohly has the issue under control this year resulting in less expense which in turn results in lower revenue as explained above. Transfers Transfers were made in December to the General Fund: $43,145 and to the 2012 Construction Fund; $228,777 to reimburse a portion of the project costs. Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audit. I I(C-) Department: Storm Water Fund: Storm Water Utilit Category 2012 Month of December 2012 YTD December 2012 Budget 2012 Budget Balance %Used 2011 YTD December 2D11 Approved Budget %Used REVENUES: 4070 Permits 1,740 - 1,740 100.0% - - 0.0% 4100 Intergovernmental - 0.0%1 25,651 - 100.0% 4250 Charges for Services 7,979 1 1,000 6,979 797.9%1 42,750 100.0% 4450 Sales 52,782 627,220 1 613,250 13,970 102,3%1 580,249 566,250 102.5% 4620 Investment Earnings 676 1 1,000 324 67.6% 14,387 1,000 1438.7% 4700 Reimbursements 914 1 - 914 100.0% 500 1.650 30.3% 4998 Fund Balance - 0.0% 188,061 - 100.0% TOTAL REVENUES 52,782 638,529 615,250 23,279 103.8% 851,599 568,900 149.7% EXPENDITURES: 6105 Salanes & Fringe benefits 8,357 131,714 205,610 73,896 64.1% 181,336 203,770 89.07 6200 Supplies. Repairs, Maint. 128 23,804 33,100 9,296 71.9% 38,793 33,100 117.2% 6300 Contracted Services 1,557 26,326 20,000 6,326 131.6% 5,368 20,000 26.8% 6306 Services & Char es 6,367 115,837 122,250 6,413 94.8% 113,932 104,950 108.6% 6600 Debt Service 22,013 169,268 165,340 3,928 102.4% 56,229 165,400 34.0% 6700 Transfers 74,528 74,528 - 74,528 100.0% 50,000 1000% 6898 Depreciation 90,000 90,000 0.0% 95,386 80,000 119.2% 6900 Misc. Expenses 923 2,200 1,277 42.0% 70,922 2,200 3223.7% 7000 Capital Outlay 157,000 157,000 0.0% - 120,000 0.0% TOTAL EXPENDITURES 112,949 542,40D 795,500 253,100 68.2% 611,968 729,420 83.9% TOTAL REVENUE OVER UNDER EXPENDITURES 60168 96 129 180 250 276 379 -53.3% 239 632 160.52011 - 149.3% COMMENTS: CASH BALANCE: The end of year cash balance in the Storm Water Fund is $919,700; an increase of $57,623 from last year. REVENUES: Sales Stormwater fees reflect an 8.3% increase for 2012. Total sales exceed the budget by $13,970. Investment Earnings Investment eamings will be calculated and booked over the next two months as Finance prepares for the audit. EXPENDITURES: Consulting The majority of the YTD 2012 expense is related to the south central drainage study performed by SEH; $20,352. Transfers The transfer to the 2012 Construction Fund was made in December to reimburse a portion of the project costs; $74,528. Depreciation Depreciation will be calculated and booked over the next two months as Finance prepares the books for the audk. �1CC) Department: HATS Fund: HATS 2012 2012 2012 Budget %Used 2011 YTD 2011 Approved %Used Category Month of December eer Budget December Budget December Balance REVENUES: 4100 Intergovernmental 5,471 131,150 131,150 100.0% 131,350 131,350 100.0% 4250 Charges for Services 49,466 471,678 480,000 8,322 98.3% 524,008 380,000 137.9% 4620 Investment Earnings 220 1,000 780 22.0% 3,862 1,000 386.2% 4700 Reimbursements 3,460 4,985 2,000 2,985 249.3%1 819 2,000 40.9% 4800 Transfers 89,650 89,650 - 100.0%1 87,050 87,050 100.0% TOTAL REVENUES 58,397 697,683 703,800 (6,1171 99.1% 747,089 601.400 124.2% EXPENDITURES: 6105 Salaries & Fringe Benefits 10,086 56,478 55,375 1,103 102.0% 50,559 51,290 98.6% 6200 Supplies, Repairs, Maint. 52,091 488,281 492,900 4,619 99.1% 537,942 393,900 136.6% 6300 Contracted Services 398 398 1,455 1,057 27.3% 398 1,625 24.5% 6306 Services; &Charges 26,336 1 139,067 154,000 14,933 90.3% 147,087 152,500 96.5% 6900 Misc. Expenses 25 1 904 70 834 1290.7% 107 85 125.6% 7000 Capital Outlay - - - 0.0% 2,000 0.0% TOTAL EXPENDITURES 68,763 685,128 703,800 18,672 97.3% 736,092 601,400 122.49/6 TOTAL REVENUE OVER UNDER EXPENDITURES (10.3671 12,555 12 555 10,997 COMMENTS: CASH BALANCE: The end of year cash balance in the HATS Fund is $174,954; an increase of $43,033 from last year. REVENUES: Intergovernmental This income category consists of the funding from the State and County. The State is paying monthly and the County is paying semi- annually in May and October. Charges for Services This income category consists of the fuel sales to various governmental entities and is tracking slightly below budget YTD. The decrease from 2011 is due in part to lower gas prices and also Trailblazer Transit no longer using our fuel system. Investment Earnings Investment eamings will be calculated and booked over the next two months as Finance prepares for the audit. Transfers This income category consists of the funding from the City and is paid semi - annually in May and October. EXPENDITURES: Supplies, Repairs, Maint. This expense category consists of the fuel purchased for use by various governmental entities and is tracking slightly below budget YTD. The decrease from 2011 is due in pad to lower gas prices and also to Trailblazer Transit no longer using our fuel system. Services & Charges This expense category consists mainly of Liability Insurance, Utilities and Contract Repair & Maintenance. Utility Expense is trending below budget due to the mild winter. I�CG� Hutchinson City Center I I 1 Hassan Street SE Hutchinson, MN 55350 -2522 320 - 587 -5151 / Fax 320 - 234 -4240 To: Mayor and City Council From: Andy Reid, Controller CC: Jeremy Carter, City Administrator Date: January 15, 2013 Subject: December Investment Report Attached for your review is the December Investment Report. Feel free to contact me with any questions. ) 1(0�) W,qk OrY OF HUTCHINSON investment Report For Me Morth Ended December -31, 2012 Edward James FPCB 4,875% 4,1600/, 05JI 31201 0111 7W1 7 4.11,00C) �O 504,81.7.37 493,022.83 1'.J94-6-4 62,022.83 WA Broker Total 3.8% 01,00CY.-M 504. B 17,37 493,022.83 1,.,794.54 62.022.83 Weis Fargo Money Markel 0.100% 955,438 15 9W,438, 15 955,4:38.15 WA WeRs Fargo FHLB - Step 1.010% 1.000% 0 &3II2012 0&1 512022 1.000,00D.)O i,CM430-00 1,1000:000.00 430-00 0211512013 Web Fargo FHLB - Step 1.000% 1. }0% 0911812012 09 2812 960,000-00 "6.732,00 X60,000.00 (3.268,00) 031281221 13 WeRs Fargo FHLB - Step 1.500% 1-490% 0911812012 10104I2022 950.000.:0 9W.142,50 950, 0 [10. 00 142,50 04104,'201 3 Wells Fargo FHLB - Stop 1-000% 0.9904 1212812012 1212812022 1.500.0010.00 1,502.130.00 1, 500,000.00 2,130,00 06128120 13 Wells Fargo Gus 0350% 0.340% 1211212012 0641212013 200.000.00 200,224.00 200,0.00 224-00 NIA Wells Fargo CD's O 350% 0.3500/a 1211212012 OWI V201-3 200.000.00 199.800.00 200,000.00 J200-00) WA Grokor Total 42 9" 5,765,438-15 5,754..B96.65 5,755,438,15 (541,50) UBS Financl.al Vorpey Markel 0.1"10 90,154.538 9[,154, 68 90,154,58 - N.,'A UBS Finan6al Taxable Muni 5.3DIY% 5.100% 1112412010 0110112014 5 00, 000. 0 0 519,910,00 541,020,00 (21,110,00) 41,02000 N.,'A UBS Financial Taxable Muni 2.408% 2.310% 0411712012 0110112017 5 GO, 000.0 0 521,325.00 524,500,00 (3,175.00) 24,50000 WA LISS FinanGial CUS 1.000% 0J990% 1 OW1201 2 IOIM-2017 240,000.,IC° 241.375.20 240..000,00 11,37520 - Nj"A UBS Fioandal CD's 1-350t/lo 1-34011/a 10PI412012 1010412018 24D,000AfL,% 24C.L909 - 60 240,000,00 gn-60 - N/A Broker Total 12,0% 1,670.154,58 1.61 x.674.38 1.635.674-58 (22,000.20) 65.52000 TOTAL IWESTMENTS 100.0% S 13,290,585y13 S 13,422,223-34 13,41 x,127_'96 $ 5,095.3& .5 12# ,542.83 PORTFOLK) BY PRODUCT TYPE MATURITY SCHEDULE I Pad 12012 % of 11 1=2012 % of Monthly Maturity Current Vaiue % Product Type Total Value Total 7otaJ Value Total Change -ess than 1 year $4,110,479.57 30.6% Money Markel $2.910.55,13 21.7% 52,340,399.24 17.5% $564.186.89 1 2 years 1.0119,120,114 7.6% CD's 4.567r151-34 34-0% 4,157,1- 4.60 31.0% 410,036.74 2 3 years 1.859,7D9,13 13,9% GoveHmment Bonds 4,904,251-87 36.53,Ic 5.853,471.04 43,4 (94921-U7) 3 - 4 y-ears 145,401-65 1-1% M LI F11�L.-)ZIl Bards 1,041,235-00 7.83/... 040,945.00 7.8% 290.00 4 - 5 years 1,648.168-76 123% TOTAL SI3,423,223.34 100.0% $.39397,929-88 1000% $25,293-46 b+ years 4.640,344-10 34.6% TOTAL $13,423,223-34 100-0% M GDt B inicipal Bonds M MMe -- 8% I "NMI Sm n 22,x, SI,SS9,709 cgs $145,4,02 Less than I year 1. 2 gears 2 - 3 years 3 - 4 years 4 - 5 yeari 5+ Years liit&r*sl C u rr&nt Date 6f Date of Par Current Purchase Unrealized Premium, Next InsUtutlion Des-qiptlion Rate YiAd Purchase Maturj�L Value Val" Am "rit Gain-ALoss) (Di-scount) Call Date Srnfth Burr ey Money Market 0.100% 1,664-592.40 1,864,992,40 1,864.992.40 NIA Smith Bamey CD's 3,300% 3,250% 06olOI2009 0641CV2013 100.000.00 01, 2:32,00 100,000.00 1.232.0D NI.P. Smith Bamey CD's 3.30D% 3.250% 06x1012009 0611012013 100.000.00 101.232,00 100.000.00 1,232,OD Smith Bamay GD's 3.400% 33601% M1 W009 OWI 012013 A00.00D.1)0 101,275.00 1 00,0M, 00 1,275-00 NIA. Smith Rarn-vy cgs 0.550% 0.540% 0713112012 0&0712013 243, 000 -CD 248.138.88 248,000.00 138-88 NIA. Smith Bamey CC'S 0,550% 0.450% 0713112012 0M71-'2013 248, 00-0.0 D 247,992.56 248100D.00 (7-44) T NIA. Smith Barney C[Ys 0_600AIJD 0.590% 0 1 312012 48113/2014 24,9,D00,()G 249,6".91 249, 00 0.00 644-91 NIA smith Ramey CO's 0-800% 0.790 DIS 0 12J2012 12115/2014 249.000.00 249,565,23 2:49,000.,00 505,23 I.A. Smith Barney CD's 0.9 5 0,7/p D-940% 02W2012 020 gn01 5 248. uW0.0a 249,691.36 248,000.00 1.6,91.36 NIA Smfth Ran-rey CD's 1.05011/; 1.G40% 02*312012 02115 248.aL)0.00 249,68 6.6 a 248,000.00 1.688.8a NIA Smith Bamey CD'.s 0.95DO/.., 0,9400/t, 021=2012 02110!2015 248,000.00 249,688.88 248,000.00 I.688.88 WA Smith Bamey Ors 1.10 Do/c, 1.0Q0% 06=2012 0+0812015 115,000.00 115,218.50 115,00. 00 21&50 WA Smith Bamey CD's 0. a 0 11) 0/c, 0.790% 06#1512012 0611 512015 249,000.00 249.445.7-i 249,000-00 445.71 NIA Smith Bamey clys 1.050% 1.040% 06#1312012 0&1642015 2481009-DO 246,441.44 4$,Q -Q0. D0 441.44 NIA Smith Barney clys 1. 100 IYO 1.09G% 0713112012 C&1 0120 5 243, 000.00 248.245.521 248, 00 D, DO 245.52 WA Smith Bamey crys 0-800% 0.790% 0713112012 CW1712C1 24-9.000,D0 249,2891.84 249.000 00 288.84 NIA :Smkh Sam-ey M's 1-25G% 1.240% 0713112012 CB 2016 145,I)DO.D0 145,401 66 145.000.0 D 401.65 NIA Smith Barney CD's 1-750% 1-730'-/o 07131/2012 CW03/2017 130,000.00 131,220.70 130,000.00 1,220.70 NIA Smith Barney D,-S 1,75010 1.730% 0713112012 08;03'..,2017 247.000,00 249.430-48 247,000.00 2.430.48 NIA Broker Total 41.3% 5. 5,33,99 2-40 5,54%834,94 5.533, 92.40 15,842.54 Edward James FPCB 4,875% 4,1600/, 05JI 31201 0111 7W1 7 4.11,00C) �O 504,81.7.37 493,022.83 1'.J94-6-4 62,022.83 WA Broker Total 3.8% 01,00CY.-M 504. B 17,37 493,022.83 1,.,794.54 62.022.83 Weis Fargo Money Markel 0.100% 955,438 15 9W,438, 15 955,4:38.15 WA WeRs Fargo FHLB - Step 1.010% 1.000% 0 &3II2012 0&1 512022 1.000,00D.)O i,CM430-00 1,1000:000.00 430-00 0211512013 Web Fargo FHLB - Step 1.000% 1. }0% 0911812012 09 2812 960,000-00 "6.732,00 X60,000.00 (3.268,00) 031281221 13 WeRs Fargo FHLB - Step 1.500% 1-490% 0911812012 10104I2022 950.000.:0 9W.142,50 950, 0 [10. 00 142,50 04104,'201 3 Wells Fargo FHLB - Stop 1-000% 0.9904 1212812012 1212812022 1.500.0010.00 1,502.130.00 1, 500,000.00 2,130,00 06128120 13 Wells Fargo Gus 0350% 0.340% 1211212012 0641212013 200.000.00 200,224.00 200,0.00 224-00 NIA Wells Fargo CD's O 350% 0.3500/a 1211212012 OWI V201-3 200.000.00 199.800.00 200,000.00 J200-00) WA Grokor Total 42 9" 5,765,438-15 5,754..B96.65 5,755,438,15 (541,50) UBS Financl.al Vorpey Markel 0.1"10 90,154.538 9[,154, 68 90,154,58 - N.,'A UBS Finan6al Taxable Muni 5.3DIY% 5.100% 1112412010 0110112014 5 00, 000. 0 0 519,910,00 541,020,00 (21,110,00) 41,02000 N.,'A UBS Financial Taxable Muni 2.408% 2.310% 0411712012 0110112017 5 GO, 000.0 0 521,325.00 524,500,00 (3,175.00) 24,50000 WA LISS FinanGial CUS 1.000% 0J990% 1 OW1201 2 IOIM-2017 240,000.,IC° 241.375.20 240..000,00 11,37520 - Nj"A UBS Fioandal CD's 1-350t/lo 1-34011/a 10PI412012 1010412018 24D,000AfL,% 24C.L909 - 60 240,000,00 gn-60 - N/A Broker Total 12,0% 1,670.154,58 1.61 x.674.38 1.635.674-58 (22,000.20) 65.52000 TOTAL IWESTMENTS 100.0% S 13,290,585y13 S 13,422,223-34 13,41 x,127_'96 $ 5,095.3& .5 12# ,542.83 PORTFOLK) BY PRODUCT TYPE MATURITY SCHEDULE I Pad 12012 % of 11 1=2012 % of Monthly Maturity Current Vaiue % Product Type Total Value Total 7otaJ Value Total Change -ess than 1 year $4,110,479.57 30.6% Money Markel $2.910.55,13 21.7% 52,340,399.24 17.5% $564.186.89 1 2 years 1.0119,120,114 7.6% CD's 4.567r151-34 34-0% 4,157,1- 4.60 31.0% 410,036.74 2 3 years 1.859,7D9,13 13,9% GoveHmment Bonds 4,904,251-87 36.53,Ic 5.853,471.04 43,4 (94921-U7) 3 - 4 y-ears 145,401-65 1-1% M LI F11�L.-)ZIl Bards 1,041,235-00 7.83/... 040,945.00 7.8% 290.00 4 - 5 years 1,648.168-76 123% TOTAL SI3,423,223.34 100.0% $.39397,929-88 1000% $25,293-46 b+ years 4.640,344-10 34.6% TOTAL $13,423,223-34 100-0% M GDt B inicipal Bonds M MMe -- 8% I "NMI Sm n 22,x, SI,SS9,709 cgs $145,4,02 Less than I year 1. 2 gears 2 - 3 years 3 - 4 years 4 - 5 yeari 5+ Years LRA Hutchinson Housing & Redevelopment Authority Regular- Board Meeting Tuesday, November 20, 2012, 7:00 AM Minutes 1. CALL TO ORDER: Chairman Becky Felling called the meeting to order. Members Present: Bill Arndt, LouAnn Holmquist, and Joel Kraft. Staff Present: Jean Ward and Judy Flemming. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON OCTOBER 16, 2012 Bill Arndt moved to approve the Minutes of the regular board meeting as written. Joel Kraft seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. Joel Kraft moved to approve the City Center General Fund payments of $34,482.68 for checks 8173 to 8188 and consideration of October 2012 City Center Financial Statements. LouAnn Holmquist seconded and the motion carried unanimously. b. LouAnn Holmquist moved to approve the Park Towers payments of $29,301.87 for checks 12164 to 12198 and consideration of Park Towers September 30, 2012 Financial Statements. Joel Kraft seconded and the motion carried unanimously. 4. PARK TOWERS UPDATE a. Occupancy Update — 100% occupied but Jean is working on a lease termination. b. Cancellation of ConnectCare Home Care Services agreement; Allina has purchased ConnectCare c. Consideration of Cancellation of Lease Addendum Tenant Housing with Services Contract Associated with ConnectCare. There will be no break in service for the residents /clients, but there will not a building agreement. Jean will talk to Merline Duering at Prince of Peace to see if she wants to do an REP or if she would like to try Allina. Becky agreed to work with Jean if it is decided to go through the RFP process. d. 2013 Operating Subsidy Calculation of $161,556 submitted to HUD. If sequestration occurs, an 8.2% overall HUD budget reduction is estimated - $148,308. Our 2013 Park Towers operating subsidy budget is $140,774. e. Rents being calculated for 2013. 1.7% Social Security increase for 2013. Medicare not yet announced. f $79,000 Award announcement to replace second boiler at Park Towers. 5. 734 SOUTHVIEW DRIVE UPDATE Judy Flemming read to the Board the progress report from High School Instructor Daryl Lundin. 6. MHFA SINGLE FAMILY REQUEST FOR PROPOSAL -CRV APPLICATION APPROVAL OF $35,000 TO CONTINUE ACQUISITION /REHAB/RE -SALE PROGRAM VACANT PROPERTIES ON HUTCHINSON NUISANCE PROPERTY LIST. Jean Ward updated with the Board that at this time none of the properties meet our program criteria. 8. FYI FORECLOSURE REPORT November 20, 2012 Minutes Page t of 9. DISCUSSION OF MAXFIELD STUDY PRESENTATION Jean Ward reviewed with the Board the Maxfield Study presentation that basically said that the any future large Hutchinson housing projects should be in a holding pattern until the economy gets better. 10. CORRESPONDENCE • Letter sent to HUD 11. CONSIDERATION OF SETTING HOLIDAY BREAKFAST AFTER DECEMBER BOARD MEETING It was decided to go to Country Kitchen. 12. ADJOURNMENT Bill Arndt moved to adjourn and LouAnn Holmquist seconded. There being no other business, Chairman Becky Felling declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director LaVonne Hansen, Secretary /Treasurer November 20, 2012 Minutes Page 2 of 2�� RA Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, December 18, 2012, 7:00 AM Minutes CALL TO ORDER: Chairman Becky Felling called the meeting to order. Members Present: Bill Arndt, LaVonne Hansen, LouAnn Holmquist, and Joel Kraft. Staff Present: Jean Ward and Judy Flemming. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON NOVEMBER 20, 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. Bill Arndt moved to approve the City Center General Fund payments of $67,900.61 for checks 8189 to 8212 and consideration of November 2012 City Center Financial Statements. LaVonne Hansen seconded and the motion carried unanimously. b. LouAnn Holmquist moved to approve the Park Towers payments of $42,986.26 for checks 12199 to 12236 and consideration of Park Towers October 31, 2012 Financial Statements. Joel Kraft seconded and the motion carried unanimously. 4. PARK TOWERS UPDATE a. Occupancy Update — 1 vacant, but an applicant is being processed for it. Jean has issued a notice to vacate to a tenant but it looks like she will have to take legal action to get him to move out. b. Joel Kraft moved to approve Resolution 42012 -19 Removal of two ranges from Depreciation Report. LouAnn Holmquist seconded and the motion carried unanimously. c. Jean Ward gave the Board an update on the cancellation of ConnectCare Home Care Services agreement. The County allows the resident to choose which provider they would like to use, so it was agreed upon that the Park Towers policy would be the same. d. Update on $79,000 award to replace second boiler at Park Towers. Lead based paint assessment conducted December 11, 2012 required for financing of the 0% deferred loan forgiven after 20 years. LouAnn Holmquist moved to give Jean the authorization to issue the check once the assessment report is received. LaVonne Hansen seconded and the motion carried unanimously. e. Joel Kraft moved to execute the 2013 Senior Dining Lease. Bill Arndt seconded and the motion carried unanimously. 5. 734 SOUTHVIEW DRIVE UPDATE Judy Flemming presented the updated budget and read to the Board the progress report from High School Instructor Daryl Lundin. 6. CONSIDERATION OF EXECUTION OF CONTRACT FOR MHFA SINGLE FAMILY REQUEST FOR PROPOSAL -CRV APPLICATION APPROVAL OF $35,000 TO CONTINUE ACQUISITION /REHAB/RE -SALE PROGRAM Joel Kraft moved to execute the contract with MHFA for the CRV acquisition/rehab /re -sale program for the 2013 -2014 School Year. Bill Arndt seconded and the motion carried unanimously. December 18, 2012 Minutes Page I of 2 7. CONSIDERATION OF GENERAL CRITERIA REVISION TO CLARIFY UNDERWRITING STANDARDS FOR HRA HOME IMPROVEMENT LOAN PROGRAM Joel Kraft moved to approve the general criteria revision for the HRA Home Improvement Loan Program. Bill Arndt seconded and the motion carried unanimously. 8. FYI FORECLOSURE REPORT 9. CORRESPONDENCE • Letter sent from HUD • Jean is meeting with the County HRA Board today. 10. ADJOURNMENT LaVonne moved to adjourn and LouAnn Holmquist seconded. There being no other business, Chairman Becky Felling declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director LaVonne Hansen, Secretary /Treasurer December 18, 2012 Minutes Page 2 of 2 ) D— (-,—)) MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 20, 2012 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members present: Raymond Norton, Christie Rock, Bill Arndt, Dean Kirchoff, Jim Fahey and Chairman Lofdahl. Absent: Dave Johnston Also present: Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated October 16, 2012 Mr. Arndt moved to approve the consent agenda as submitted. Chairman Lofdahl noted a correction in the minutes. The motion was seconded by Mr. Fahey with corrections. The consent agenda was approved unanimously. 4. PUBLIC HEARINGS a) CONDITIONAL USE PERMIT TO ALLOW A 1974 MOBILE HOME TO BE INSTALLED ON LOT 2, MCDONALD'S LAKEVIEW TERRACE, 1525 MCDONALD DRIVE S.W. Chairman Lofdahl opened the hearing at 5:31 p.m. with the reading of publication #7960 as published in the Hutchinson Leader on November 7, 2012. Ms. Baumetz explained the property owner, McKraut Holding LLC, is requesting a conditional use permit to allow installation of a 1974, 14'x 70', manufactured home on Lot 2, 1525 McDonald Drive S.W. in McDonald's Lakeview Terrace. The zoning ordinance states approval of a conditional use permit is required in order to allow all relocated manufactured homes constructed pre -June 14, 1976. Staff finds that the request would meet the requirements for granting a conditional use permit and recommends approval subject to the following findings and conditions. She explained there are some additions to the original staff conditions after discussing the request with the building official as follows: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. Smoke and C.O. detectors are required in each bedroom and in the corridor; 3. The windows must be double glaze, minimum; 4. One egress window is required from each bedroom; 5. Gas piping installation must be retested, re- inspected and approved by the City Building Inspector. Hutch Utilities provides seven inch water column; 6. The electrical service must be a minimum of 100 amp circuit breaker type with ground fault interruption. All electrical must be intact and safe, i.e., no exposed wiring; 7. A building permit is required after approval of the conditional use permit; 8. Installation of home must be completed by licensed manufactured home installer; 9. Plumbing work must be completed by a licensed and bonded plumbing contractor; 10. Mechanical work must be completed by a bonded mechanical contractor. IOL-k-F� Minutes Planning Commission —November 20, 2012 Page 2 Cindy Hoffman, manager of McDonalds Lakeview Terrace, explained the home has been located in Minnesota and is owned by McKraut Holding LLC and is for resale. She stated they do not normally bring in older homes but this home is in good condition and fits in Lot 2. She reported there has been new windows and siding installed on the home. She will check with the Building Official regarding the egress windows as required. She noted the purpose is typically not to bring in older homes. Mr. Arndt made a motion to close the hearing. Seconded by Mr. Kirchoff, the hearing closed at 5:40 p.m. Mr. Kirchoff made a motion to recommend approval of the request with the changes to the staff recommendations. Seconded by Ms. Hantge, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held November 27, 2012 in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS 6. OLD BUSINESS 7. COMMUNICATION FROM STAFF 8. ADJOURNMENT There being no further business the meeting adjourned at 5:45 p.m. I �_ C-C-)