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cp07-23-2013
Council Workshop 4: 00 p.m. 2012 Audit Review AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 23, 2013 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION —Word of Life Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JULY 9, 2013 Action — Motion to reject — Motion to approve 5 min. 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A SITE PLAN REVIEW REQUESTED BY HUTCHINSON DEVELOPMENT GROUP LLC FOR A MAURICES RETAIL STORE AT 1370 MONTREAL STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14172) (c) CONSIDERATION FOR APPROVAL OF ALLOWING COUNTRY FINANCIAL TO PLACE CANOPY TENT ON SIDEWALK LOCATED AT 23 WASHINGTON AVENUE WEST (d) CONSIDERATION FOR APPROVAL OF REAFFIRMING CITY OF HUTCHINSON DATA PRACTICES POLICY (e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 1— LETTING NO. 8B/PROJECT NO. 13 -08B (DEPOT SITE IMPROVEMENTS) (f) CONSIDERATION FOR APPROVAL OF ISSUING FOOD VENDOR LICENSE TO RAFAEL JIMENEZ TO OPERATE ICE CREAM TRUCK THROUGHOUT CITY STREETS (g) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE TO MCLEOD COUNTY AGRICULTURE ASSOCIATION FROM AUGUST 14-18,2013, FOR MCLEOD COUNTY FAIR (h) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSES TO HUTCHINSON HOCKEY ASSOCIATION ON JANUARY 25, 2014, AND HUTCHINSON FIRE CITY COUNCIL AGENDA JULY 23, 2013 DEPARTMENT RELIEF ASSOCIATION ON SEPTEMBER 14, 2013 (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to reject — Motion to approve 8. PUBLIC HEARINGS — 6:00 P.M. 10 min. (a) CONSIDERATION FOR APPROVAL AMENDMENT NO. 2 TO SITE LEASE AGREEMENT AND FRANCHISE AGREEMENT WITH MIDWEST WIRELESS COMMUNICATIONS, LLC Action — Motion to reject — Motion to approve 9. COMMUNICATIONS. REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) 10. UNFINISHED BUSINESS 11. NEW BUSINESS 5 min (a) SUMMARY REVIEW OF 2012 AUDITED FINANCIAL STATEMENTS Action — Motion to reject — Motion to approve 5 min (b) CONSIDERATION FOR APPROVAL OF DECLARING THE OFFICIAL INTENT OF THE CITY OF HUTCHINSON TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY (ADOPT RESOLUTION NO. 14173) Action — Motion to reject — Motion to approve 5 min (c) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14174 — A RESOLUTION AUTHORIZING AGREEMENT WITH MPCA TO HOST AMERICORPS MEMBER FROM THE MINNESOTA GREENCORPSL Action — Motion to reject — Motion to approve 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy thatguides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items. (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JUNE 26, 2013 (b) CITY OF HUTCHINSON FINANCIAL AND INVESTMENT REPORT FOR JUNE 2013 (c) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2013 (d) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JUNE 18, 2013 2 CITY COUNCIL AGENDA —JULY 23, 2013 (e) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM APRIL 1, 2013 13. MISCELLANEOUS 14. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 9, 2013 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Chad Czmowski, Bill Arndt, Mary Christensen and Gary Forcier. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Amy Dufrene, Oak Heights Covenant Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Christensen recognized the ceremony held this past Saturday in recognition of the 150th anniversary of the death of Little Crow. Council Member Arndt thanked Word of Life Church for putting on a 4th of July celebration over the holiday. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JUNE 25, 2013 Motion by Forcier, second by Arndt, 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 have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14169 — RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (GOEBEL & GRAHAM INTERSECTION) 2. ORDINANCE NO. 13 -710 -AN ORDINANCE AMENDING ZONING ORDINANCE REGARDING GARAGE REQUIREMENTS SECTIONS 154.026, 154.004, 154.056, 154.057 AND 154.058 (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF REESTABLISHING CITY OF HUTCHINSON SECURITY OFFICER POSITION (c) CONSIDERATION FOR APPROVAL OF RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS FOR WALGREEN'S PROPERTY (d) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO KEITH HEIKES OF FACTORY DIRECT FURNITURE TO HOLD FURNITURE TENT SALE IN HUTCHINSON MALL PARKING LOT FROM JULY 25 — AUGUST 4, 2013 (e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS CITY COUNCIL MINUTES —JULY 9, 2013 Item 7(b) was pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve consent agenda with the exception of Item 7(b). Motion carried unanimously. Item 7(b) had further discussion. Jeremy Carter, City Administrator, noted that the job description has been revised slightly by removing item 10 on the job description. All other items remain as written. Motion by Arndt, second by Forcier, to approve Item 7(b) with the revision as stated. Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) ASSESSMENT HEARING FOR 2013 PAVEMENT MANAGEMENT PROGRAM (LETTING NO. 3, PROJECT NO. 13 -03) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that Milwaukee Avenue SW and Miller Avenue SW have been included within this letting utilizing the original bid unit prices. City staff has had communications with adjacent property owners as this project was developed, encompassing a total of six properties. The proposed special assessment will be $18 per lineal foot of street frontage similar to the base bid roadways. The total assessment roll for this portion of the project is approximately $6300. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Christensen, to approve 2013 pavement management program. Motion carried unanimously. 9. COMMUNICATIONS. REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF AMENDING SECTION 14 OF THE CITY PERSONNEL POLICY PERTAINING TO SICK LEAVE Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that a law change occurred in May 2013 which allows for employees to take accrued personal sick leave to cover an absence due to illness or injury to an employee's adult children, spouse, siblings, parents, grandparents and stepparents. This law change is an expansion to sick leave that was able to be used to cover absences due to illness or injury of an employee's children. The new law change is limited to no less than 160 hours be used in any 12 -month period. Because of this law change, which becomes effective August 1, 2013, the City's sick leave policy needs to be amended to be in compliance with the law. As the policy stated previously, the employee must have already accrued the sick leave on or before the date the leave is requested. 2 CITY COUNCIL MINUTES —JULY 9, 2013 Motion by Christensen, second by Czmowski, to approve amending Section 14 of the City personnel policy pertaining to sick leave, adopting Resolution No. 14170. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AIRPORT MASTER PLAN UPDATE AGREEMENT WITH BOLTON & MENK, INC. John Olson, Public Works Manager, explained that this agreement is a work order based off of an agreement entered into in 2012 with Bolton & Menk, Inc. A large piece of this plan is tied into an airport layout plan update. This plan will help the City determine necessary airport development projects and related management issues for the airport well into the future. The last Airport Master Plan was completed in the 1970s. The Plan was updated beginning in 2005 and completed in 2009, however a number of conditions have changed since 2005 and data needs to updated so it is compatible with the GIS format used by the FAA. The Master Plan and layout plan update is budgeted at $209,000 and will be funded at the 90% level by the FAA. Therefore, the City's portion of the plan and update costs are planned at $20,920, which will be paid from planning funds. Bolton & Menk will lead the planning process in project development and control, data collection and analysis, public involvement and data collection and analysis. Mr. Olson spoke of some items pointed out in the Work Order to be addressed. Motion by Arndt, second by Forcier, to approve airport master plan update agreement with Bolton & Menk, Inc. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF AUTHORIZING PRE -SALE REPORT FOR GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that it is time to issue bonds to fund major capital expenditure projects. The first step is to authorize Resolution No. 14171 to move forward with providing a bond issuance. Upon approval of the Resolution, the City's financial advisor will initiate the process, start putting documents together, coordinate a bond rating call and start soliciting and collecting competitive bids on behalf of the City. The debt payments will be paid from debt tax levy dollars and special assessments and fall under the guidelines of the City's debt management plan. The proposed awarding of the sale is scheduled for the August 13, 2013, City Council meeting. Motion by Forcier, second by Christensen, to approve authorization of pre -sale report for general obligation improvements bonds, Series 2013A, adopting Resolution No. 14171. Motion carried unanimously. (d) DISCUSSION REGARDING ALLOWING A HUEY HELICOPTER TO BE PLACED IN MCLEOD COUNTY VETERAN'S MEMORIAL PARK Mayor Cook explained that a Council workshop was held two weeks ago on this topic and a number of veterans were in attendance providing information on the significance of the placement of a helicopter. Mayor Cook noted that he had visited Arlington's and Belle Plaine's parks which hold veteran memorabilia. He also stepped off the proposed placement of the helicopter in Hutchinson's Veterans' park. Mayor Cook also thought of alternate 3 CITY COUNCIL MINUTES —JULY 9, 2013 locations, such as at the airport. However, he was informed that if the location on the application would be changed, the process would have to start over with the helicopter provider, and thus far it has been a seven year process. Mayor Cook noted that he has accepted the idea and prefers that the helicopter be placed at a northwest position within Veterans Memorial Park. Council Member Forcier noted that he has spoken with veterans group who have set aside funds to help maintain the helicopter. Motion by Forcier, second by Arndt, to approve placement of Huey helicopter in Veterans Memorial Park. Dave Skoog, Vice President of McLeod County Veterans Park, presented before the Council. Mr. Skoog explained that the helicopter applied for is a very sought after piece of memorabilia. Mr. Skoog noted that there still may be a waiting period, but hopefully one will be allotted in the near future. Mr. Skoog explained that the helicopter is a symbol to veterans and symbolizes the vast amount of lives saved by it. Motion carried unanimously. 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy thatguides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items. (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JUNE 4, 2013 (b) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JUNE 3, 2013 (c) FIRE DEPARTMENT MONTHLY REPORT FOR JUNE 2013 (d) LIQUOR HUTCH QUARTERLY FINANCIAL REPORT FOR APRIL — JUNE 2013 (e) WEED NOTICES MONTHLY REPORT FOR JUNE 2013 13. MISCELLANEOUS Mary Christensen — Council Member Christensen noted that Riversong will be taking place next week, July 19 -20 down by the river. In addition, Historic Hutchinson is holding a gala event on July 25, 2013, at the Center for the Arts. Bill Arndt — Council Member Arndt noted that picnic in the park for Crazy Days will be held on Friday, July 12, 2013. Jeremy Carter — Mr. Carter reminded the Council of the workshop scheduled for July 23, 2013, at 4:00 p.m. to review 2012 financials. Kent Exner — Mr. Exner provided a project update: Jefferson Street is on schedule; Depot project going well, foundation poured and building floor will be poured later this week, storm sewer is being worked on, as well as other site work; Hwy 15 roundabout going very well and pavement may be laid next week; South Grade Road bridge bids received last week — preconstruction meeting being held tomorrow — may begin Monday, July 15, 2013, at the earliest. CITY COUNCIL MINUTES —JULY 9, 2013 Steve Cook — Mayor Cook asked if a swimming pool analysis had been completed yet. Jeremy Carter noted that staff is collecting data and will be ready to be brought forth in August /September for a workshop. Mayor Cook also mentioned at one time mannequins had been proposed to be placed in the Huey helicopter that will be placed in Veterans Memorial Park, however the Council made clear that no mannequins will be placed in the helicopter and the veterans were in agreement with that. Mayor Cook lastly mentioned that the trees /shrubs near Event Center are getting rather tall and may be obstructing pedestrian/vehicle sitelines. 1 1 :► Motion by Christensen, second by Forcier, to adjourn at 6:30 p.m. Motion carried unanimously. 5 HUTCHINSON CITY COUNCIL ci =y�fAa� Request for Board Action 7AL Z-vz Agenda Item: Planning Commission Items - Site Plan Review - 1370 Montreal St SE - Maurice Department: Planning LICENSE SECTION Meeting Date: 7/23/2013 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: No BACKGROUND /EXPLANATION OFAGENDA ITEM: Hutchinson Development Group, LLC, has submitted an application for a site plan review to construct an approximately 5,040 sq. ft. building for a Maurice's retail store located at 1370 Montreal St. S.E. south of the Dollar Tree store in the C -2 zoning district. The driveway entrance is located on the north side of the lot along with the Dollar Tree southern entrance. Setbacks appear to be met. A landscape plan is included with 7 trees and sod area shown on the plan. BOARD ACTION REQUESTED: Approval of the site plan. Fiscal Impact: $ 0.00 Funding Source: n/a FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: n/a Remaining Cost: $ 0.00 Funding Source: n/a MEMORANDUM DATE: July 16, 2013, for the July 23, 2013, City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, AICP - Planning Director SUBJECT: CONSIDERATION OF A SITE PLAN REVIEW REQUESTED BY HUTCHINSON DEVELOPMENT GROUP LLC FOR A MAURICES RETAIL STORE AT 1370 MONTREAL ST. S.E. Background: Hutchinson Development Group, LLC, has submitted an application for a site plan review to construct an approximately 5,040 sq. ft. building for a Maurice's retail store located at 1370 Montreal St. S.E. south of the Dollar Tree store in the C -2 zoning district. The driveway entrance is located on the north side of the lot along with the Dollar Tree southern entrance. Setbacks appear to be met. A landscape plan is included with 7 trees and sod area shown on the plan. Planning Commission Meeting: The Planning Commission considered the request at their July 16th meeting. No one from the public spoke at the meeting. Mr. Jochum commented on the request and the one stop shop meeting with Hutchinson Development Group. He commented on the following staff recommendations: 1. The proposed building and site improvements would comply with the standards of the C -2 district and the Zoning Ordinance. 2. SAC and WAC fees and Parkland Dedication fees will be calculated upon building plan submittal and due at the time of building permit issuance. 3. Final landscape plan approval will be at the time of a building permit being issued. 4. All signage shall meet the requirements of the C -2 district. Sign permits are required prior to installation of the signage. 5. Exterior lighting must be indirect and shielded and shall not cause glare to adjacent properties. 6. Reciprocal easements for shared access with current Dollar Tree property must be developed and recorded with McLeod County prior to a building permit being issued. 7. A reciprocal easement for any stormwater infrastructure between the subject lot and the Dollar Tree lot must be developed and recorded with McLeod County prior to a building permit being issued. 8. The street light located on the curb radius at the entrance off of Montreal St. must be moved at the cost of the developer to avoid being hit or damaged. 9. Site landscaping must be complete prior to the final certificate of occupancy being granted. 10.A fire hydrant must be within 300 feet of the building. 11. Disturbance to Montreal Street must be limited and repaired to existing condition at project completion. After concluding discussion, the Commission unanimously recommended approval of the site plan with staff recommendations. Recommendation: The Planning Commission recommended approval of the site plan with the findings and conditions in the attached resolution. DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Lee Miller, Nate Keller, 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: July 9, 2013, for July 16, 2013, Planning Commission Meeting Application: SITE PLAN REVIEW FOR A MAURICES RETAIL STORE AT 1370 MONTREAL ST. S.E. Applicant: Hutchinson Development Group SITE PLAN Hutchinson Development Group, LLC, has submitted an application for a site plan review to construct an approximately 5,040 sq. ft. building for a Maurice's retail store located at 1370 Montreal St. S.E. south of the Dollar Tree store in the C -2 zoning district. The driveway entrance is located on the north side of the lot along with the Dollar Tree southern entrance. Setbacks appear to be met. A landscape plan is included with 7 trees and sod area shown on the plan. ■--�� f * Indicates property described in this Notice f DENVER AVE SE 10Y - r" , ,f, I� O u 1340 f F- Z 1360 N 1C 1380 _ e 1315 1360 1370 LV fn 1380 fn J LU F- �� 1450 F O 1435 T1 �; r Site Plan Review Retail development Planning Commission — 7/16/13 Page 2 GENERAL INFORMATION Existing Zoning: C -2 (Automotive Service Commercial) Property Location: 1370 Montreal St. S.E. Lot Size: .7 Acre Existing Land Use: Vacant Adjacent Land Use And Zoning: C -2 (Automotive Service Commercial), C -4 (Fringe Commercial) and MXD (Mixed Use District) Comprehensive Land Use Plan: Urban Commercial Design Zoning History: Applicable Regulations: Section 154.169 Building: The proposed building is approximately 5,040 sq. ft. Site Plan: 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. The following is an overview of site plan considerations. Setbacks: The proposed building setbacks and requirements for the C -2 (Automotive Commercial Service District) are identified below. The plans would meet the building setbacks as follows: Principal Accessory Parking Lot Proposed Structure Building or Structure Setback Setback Circulation Setback Drive Street Right of 30 feet 30 feet 10 feet 75 feet Way from Montreal St Interior Lot 20 feet 6 feet 6 feet 20 feet Line Site Plan Review Retail development Planning Commission — 7/16/13 Page 3 Signage: There will be signage on the building, as well as on a pylon sign in front of the store. Parking /Access /Circulation Parking requirements for a retail business is 5.5 spaces per 1,000 sq. ft. for retail uses. The Maurice's building has 5,040 square feet of floor space. The 5,040 square feet space needs to have 27 parking spaces. The paved parking lot shown on the site plan will meet this requirement. Access to the site will be off of Montreal Street. There is a shared access drive with Dollar Tree that will be used for ingress and egress for Maurice's. A reciprocal easement will be needed to ensure access to both properties in perpetuity. Landscaping and Lighting: The Zoning Ordinance requires tree planting at a rate of 1 tree per 800 sq. ft. of landscaped area. The site plan shows approximately 5,000 sq. ft. of landscaped area, which equates to needing seven trees on site. There is an additional 4,271 square feet of sodded area on site. Tree species will be reviewed at the time of building permit application to ensure they are compatible for the site. There are three trees proposed for the northwest portion of the site and four trees on the east side of the site. Soil amendment will be necessary where the trees are located The City Arborists will review the final landscape plans submitted with the building permit and ensure proper soil amendments are completed. Staff has not reviewed a detailed photometric lighting plan. Per the Zoning Ordinance, 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 the City Environmental Specialist will provide comments that need to be addressed prior to building permits being issued. Analysis and Recommendation: Staff has reviewed the site plan and recommends approval of the request with the following recommendations: 1. The proposed building and site improvements would comply with the standards of the C -2 district and the Zoning Ordinance. 2. SAC and WAC fees and Parkland Dedication fees will be calculated upon building plan submittal and due at the time of building permit issuance. 3. Final landscape plan approval will be at the time of a building permit being issued. 4. All signage shall meet the requirements of the C -2 district. Sign permits are required prior to installation of the signage. 5. Exterior lighting must be indirect and shielded and shall not cause glare to adjacent properties. Site Plan Review Retail development Planning Commission — 7/16/13 Page 4 6. Reciprocal easements for shared access with current Dollar Tree property must be developed and recorded with McLeod County prior to a building permit being issued. 7. A reciprocal easement for any stormwater infrastructure between the subject lot and the Dollar Tree lot must be developed and recorded with McLeod County prior to a building permit being issued. 8. The street light located on the curb radius at the entrance off of Montreal St. must be moved at the cost of the developer to avoid being hit or damaged. 9. Site landscaping must be complete prior to the final certificate of occupancy being granted. 10. A fire hydrant must be within 300 feet of the building. 11. Disturbance to Montreal Street must be limited and repaired to existing condition at project completion. CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14172 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF SITE PLAN REVIEW APPLICATION REQUESTED BY HUTCHINSON DEVELOPMENT GROUP, LLC TO ALLOW CONSTRUCTION OF A MAURICES RETAIL STORE LOCATED AT 1370 MONTREAL ST. S.E. FACTS 1. Hutchinson Development Group, LLC, is the owner of a parcel of land located at 1370 Montreal St. S.E., Hutchinson Minnesota; and, 2. The subject property is legally described as: Lot 2, Block 1, Montreal Place Second Addition 3. Hutchinson Development Group, LLC, has applied to the City for a site plan review to allow development of property at 1370 Montreal St. S.E., Hutchinson MN. 4. The Planning Commission met on July 16, 2013, and acted 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: a. The proposed building and site improvements would comply with the standards of the C -2 district and the Zoning Ordinance. b. SAC and WAC fees and Parkland Dedication fees will be calculated upon building plan submittal and due at the time of building permit issuance. C. Final landscape plan approval will be at the time of a building permit being issued. d. All signage shall meet the requirements of the C -2 district. Sign permits are required prior to installation of the signage. e. Exterior lighting must be indirect and shielded and shall not cause glare to adjacent properties. f. Reciprocal easements for shared access with current Dollar Tree property must be developed and recorded with McLeod County prior to a building permit being issued. g. A reciprocal easement for any stormwater infrastructure between the subject lot and the Dollar Tree lot must be developed and recorded with McLeod County prior to a building permit being issued. h. The street light located on the curb radius at the entrance off of Montreal St. must be moved at the cost of the developer to avoid being hit or damaged. i. Site landscaping must be complete prior to the final certificate of occupancy being granted. j. A fire hydrant must be within 300 feet of the building. k. Disturbance to Montreal Street must be limited and repaired to existing condition at project completion. 5. The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on July 23, 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: Findings of Fact — Resolution # 14172 Maurices Retail Store - Site Plan 1370 Montreal St. S.E. Page 2 a. The proposed building and site improvements would comply with the standards of the C -2 district and the Zoning Ordinance. b. SAC and WAC fees and Parkland Dedication fees will be calculated upon building plan submittal and due at the time of building permit issuance. C. Final landscape plan approval will be at the time of a building permit being issued. d. All signage shall meet the requirements of the C -2 district. Sign permits are required prior to installation of the signage. e. Exterior lighting must be indirect and shielded and shall not cause glare to adjacent properties. f. Reciprocal easements for shared access with current Dollar Tree property must be developed and recorded with McLeod County prior to a building permit being issued. g. A reciprocal easement for any stormwater infrastructure between the subject lot and the Dollar Tree lot must be developed and recorded with McLeod County prior to a building permit being issued. h. The street light located on the curb radius at the entrance off of Montreal St. must be moved at the cost of the developer to avoid being hit or damaged. i. Site landscaping must be complete prior to the final certificate of occupancy being granted. j. A fire hydrant must be within 300 feet of the building. k. Disturbance to Montreal Street must be limited and repaired to existing condition at project completion. APPLICABLE LAW 6. Section 154.169 Municipal Code of Ordinances CONCLUSIONS OF THE LAW 7. 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 approve a site plan to allow Hutchinson Development Group to develop the existing site with the construction of a Maurice's Retail Store at 1370 Montreal St. S.E., Hutchinson, MN is approved. Adopted by the City Council this 23rd day of July, 2013. ATTEST: Jeremy J. Carter City Administrator Steven W. Cook Mayor HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Consideration for Approval of Allowing Temporary Canopy Tent Department: Administration LICENSE SECTION Meeting Date: 7/23/2013 Application Complete N/A Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Country Financial, located at 23 Washington Avenue West, is holding an open house on August 6th, 2013, from 10:00 a.m. - 3:00 p.m. As part of this event, Country Financial would like to place a canopy tent on the sidewalk in front of their office entrance. Since this request is for a very short time frame, staff is recommending that the formal franchise agreement process not be followed. Rather, in accordance with Section 90.07 of the Hutchinson City Code, the City Council has the authority to grant special permission whereby on- street parking, the use of city owned parking lots or ramps, or public sidewalks may be temporarily or permanently prohibited or restricted for private reasons and purposes. Therefore, staff is recommending that Country Financial be allowed to place a canopy tent in front of its place of business during the hours and the date it has requested. Staff does not feel that monetary consideration is necessary for this circumstance. In the past, the Council has granted permission for private use of City -owned property without using the franchise process, specifically City -owned parking lots for events put on by Main Street Sports Bar and the Bavarian Haus. Although these events were much more grandiose in nature than Country Financial's request, the Council did approve the use of the property through Council action and placed some conditions on the requests due to the scale of the events. Staff has reviewed the request and has no concerns. Staff does not feel any specific conditions should be placed on the request other than that the canopy is put up and taken down timely within the hours of the event and that a four foot walkway is maintained at all times, which can be under the canopy if necessary. BOARD ACTION REQUESTED: Approve temporary placement of canopy tent at 23 Washington Avenue West from 10:00 a.m. - 3:00 p.m. on August 6, 2013, for Country Financial open house. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Wednesday, July 03, 2013 City of Hutchinson City Council 111 Hassan St. 5E Hutchinson, MN 55350 Dear City Council, FINANCIAL Hutchinson, MN 55350 tel [320] 587-6747 cell (952) 237 -5200 betsy.stubson(:, count ryfinancial. corn Betsy Stubsan Finomial Repre.entatlne My name is Betsy Ruzicka Stubson, and I recently re- opened the COUNTRY Financial location on Washington Ave. I am hosting an open house on Tuesday, August 5, 2013, from 10AM to 313M. I would like to put up a COUNTRY Financial canopy tent (no side walls) in front of our office on the sidewalk. The tent would be put up that morning before the open house begins and brought down that afternoon following the event. I hope we are able to use the tent and will be anxious to hear on your decision. Thank you, Betsy Ruzicka 5tubson COUNTRY Financial Representative HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Consideration for Approval of Reaffirming City Data Practices Policy Department: Legal LICENSE SECTION Meeting Date: 7/23/2013 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: In accordance with Minnesota law, the City must update or reaffirm its Data Practices policy by August 1 of each year. The policy has been reviewed and no updates or revisions are being recommended. BOARD ACTION REQUESTED: Approve reaffirmation of City Data Practices policy. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: City of Hutchinson Guidelines and Procedures For the Minnesota Government Data Practices Act City of Hutchinson Data Practices Procedures Table of Contents Subject Page 1. Introduction ................................................. ..............................4 2. Responsible Authority ................................... ..............................4 Access to Public Data ..................................... ..............................4 A. People Entitled to Access ............................. ..............................5 B. Form of Request ........................................ ..............................5 C. Time Limits ............................................. ..............................5 D. Fees ...................................................... ..............................5 4. Access to Data on Individuals ............................ ..............................5 A. People Entitled to Access ............................... ............................5,6 B. Form of Request ....................................... ..............................6 C. Identification of Requesting Parry ................... ..............................6 D. Time Limits ............................................. ..............................7 E. Fees ....................................................... ..............................7 F. Summary Data .......................................... ..............................7 G. Juvenile Records ......................................... ............................7,8 5. Denial of Access ............................................ ..............................8 6. Collection of Data on Individuals ........................ ..............................9 7. Challenge to Data Accuracy .............................. ..............................9 8. Data Protection ............................................. ..............................9 A. Accuracy and Currency of Data .................... ............................... 9,10 B. Data Safeguards ....................................... ..............................1 0 Exhibits Page 1. List of Designees ........................................... ..............................1 1 2. Data Request /Cost Calculation Form ..................... .............................12 3. Photocopying Charges ...................................... .............................13 4. Consent to Release Private Data ........................... .............................14 5. Information Disclosure Request ........................... .............................15 6. Access and Nondisclosure Agreement ...................... ..........................16,17 7. Notice to Juveniles ......................................... ..............................1 8 8. Data Practices Advisory (Tennessen Warning) ......... .............................19 9. Contract Language, Outside Agents ..................... .............................20 Appendix Letter Nonpublic, Private & Confidential Data Maintained by the City .....................A CITY OF HUTCHINSON DATA PRACTICES PROCEDURES 1. Introduction. These procedures are adopted to comply with the requirements of the Minnesota Data Practices Act (the "Act "), specifically Minn. Stat. Sec. 13.025; 13.03, Subd. 2 and 13.05, Subd. 5 and 8. 2. Responsible Authority. The person who is the responsible authority for compliance with the Act is the City Administrator. The responsible authority has designated certain other City employees to assist in complying with the act. These designees are listed on attached Exhibit 1. 3. Access to Public Data. All information maintained by the City is public unless there is a specific statutory designation, which gives it a different classification. Categories of classification are as follows: Data on Individuals* Data on Decendents Data not on Individuals* MS 13.02, Subd. 5 MS 13.10, Subd. 1 MS 13.02, Subd. 4 Public Accessible to anyone MS 13.02, Subd. 15 Public Accessible to anyone MS 13.02, Subd. 15 Public Accessible to anyone MS 13.02, Subd. 14 Private Private ** Nonpublic Assessible to the data Assessible to the Accessible to the data Subject; Not accessible representative of the subject; Not accessible To the public decendent; Not accessible to the public To the public MS 13.02, Subd 12 MS 13.10, Subd 1B MS 13.02, Subd 9 Confidential Confidential ** Protected Nonpublic Not accessible to the Not accessible to the Not accessible to the data subject; Not representative of the data subject; Not accessible to the public decendent; Not accessible accessible to the Public to the public MS 13.02, Subd. 3 MS 13.10, Subd. IA MS 13.02, Subd. 13 *Individual is defined at MS 13.02, subdivision 8. Individual means a living human being. It does not mean any type of entity created by law, such as a corporation. ** Private and confidential data on decedents become public data ten years after the death of the data subject and 30 years after the creation of the data. A. People Entitled to Access. Any person has the right to inspect and copy public data. The person also has the right to have an explanation of the meaning of the data. The person does not need to state his or her name or give the reason for the request. B. Form of Request. The request for public data may be verbal or written. C. Time Limits. Requests. Requests will be received and processed only during normal business hours. Response._ If copies cannot be made at the time of the request, copies must be supplied as soon as reasonably possible. Fees. Fees may be charged only if the requesting person asks for a copy or electronic transmittal of the data. Fees will be charged according to the City's standard photocopying policy, attached as exhibit 2, unless significant time is required. In that case, the fee will include the actual cost of searching for, retrieving, and copying or electronically transmitting the data. The fee may include time necessary to separate public from non - public data. The responsible authority may also charge an additional fee if the copies have commercial value and are a substantial and discreet portion of a formula, compilation, program, process, or system developed with significant expenditure of public funds. This additional fee must be related to the actual development costs of the information. The responsible authority may also charge an additional fee if requested to certify the correctness or completeness of documents. 4. Access to Data on Individuals. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is contained in Appendix A. A. People Entitled to Access. • Public information about an individual may be shown or given to anyone. • Private information about an individual may be shown or given to: ► The individual, but only once every six months, unless a dispute has arisen or additional data has been collected. ►A person who has been given access by the express written consent of the data subject. This consent must be on the form attached as Exhibit 4, or a form reasonable similar. Po- People who are authorized access by the federal, state, or local law or court order. ► People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen warning described below. ► People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. * Confidential information may not be given to the subject of the data, but may be given or shown to: ►People who are authorized access by federal, state, or local law or court order. ► People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. B. Form or Request. Any individual may request information verbally or in writing if the City has stored data about that individual and whether the data is classified as public, private, or confidential. All requests to see or copy private or confidential information must be in writing. An Information Disclosure Request, attached as Exhibit 5, must be completed to document who requests and who receives this information. The responsible authority or designee must complete the relevant portions of the form. The responsible authority or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. C. Identification of Requesting Party. The responsible authority or designee must verify the identity of the requesting parry as a person entitled to access. This can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. *Requests. Requests will be received and processed only during normal business hours. *Response. The response must be immediate, if possible, or within 5 working days, if an immediate response is not possible. The City may have an additional 5 working days to respond if it notifies the requesting person that it cannot comply within 5 days. E. Fees. Fees may be charged in the same manner as for public information. F. Summa .. Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by name or any other characteristic that could uniquely identify an individual. Summary data derived from private or confidential data is public. The responsible authority or designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of the preparation. G. The responsible authority or designee must notify the requesting party about the estimated costs and collect these costs before preparing or supplying the summary data. This should be done within 10 days after receiving the request. If the summary data cannot be prepared within 10 days, the responsible authority must notify the requester of the anticipated time schedule and the reason for the delay. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The responsible authority may ask an outside agency or person to prepare the summary data if (1) the specific purpose is given in writing (2) the agency or person agrees not to disclose the private or confidential data, and (3) the responsible authority determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. The responsible authority may use the form attached as Exhibit 6. H. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. *Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile subject. "Parent" means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent if presumed to have this right unless the responsible authority or designee has been given evidence that there is a state law, court order, or other legally binding document, which prohibits this right. *Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit 7. *Denial of Parental Access. The responsible authority or designee may deny parental access to private data when the juvenile requests this denial and the responsible authority or designee determines that withholding the data would be in the best interest of the juvenile. The request from the juvenile must be in writing, stating the reasons for the request. In determining the best interest of the juvenile, the responsible authority or designee will consider: • Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect the juvenile from physical or emotional harm, • Whether there are reasonable grounds to support the juvenile's reasons and • Whether the data concerns medical, dental, or other health services provided under Minnesota Statute Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. The responsible authority or designee may also deny parental access without a request from the juvenile under Minnesota Statute Section 144.335. 5. Denial of Access. If the responsible authority or designee determines that the requested data is not accessible to the requesting parry, the responsible authority or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The responsible authority or designee must give the specific legal authority, including statutory section, for withholding the data. The responsible authority or designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. 6. Collection of Data on Individuals. The collection and storage of information about individuals will be limited to that necessary for the administration and management of the programs specifically authorized by the state legislature, city council, or federal government. When an individual is asked to supply private or confidential information about the individual, the City employees requesting the information must give the individual a Tennessen warning. This warning must contain the following: • The purpose and intended use of the requested data, • Whether the individual may refuse or is legally required to supply the requested data, • Any known consequences from supplying or refusing to supply the information, and • The identity of other persons or entities authorized by state or federal law to receive the data. A Tennessen warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. See attached Exhibit 8. 7. Challenge to Data Accuracy. An individual who is the subject of public or private may contest the accuracy or completeness of that data maintained by the City. The individual must notify the City's responsible authority in writing describing the nature of the disagreement. Within 30 days, the responsible authority or designee must respond and either (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. An individual who is dissatisfied with the responsible authority's action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statues Chapter 14. The responsible authority will correct any data if so ordered by the Commissioner. 8. Data Protection. A. Accuracy and Currency of Data. • All employees will be requested, and given appropriate forms, to provide updated personal information to the appropriate supervisor, City Administrator, or Finance Director, which is necessary for tax, insurance, emergency notification, and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. • Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may be ambiguous. • All records must be disposed of according to the State of Minnesota General Records Retention Schedule. B. Data Safeguards. *Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. *Only those employees whose job responsibilities require them to have acess will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: • Not to discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data. • Not leave private or confidential data where non - authorized individuals might see it, and • Shred private or confidential data before discarding. *When a contract with an outside parry requires access to private or confidential information, the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 9. Exhibit 1 LIST OF DESIGNEES The Minnesota Data Practices Act establishes a system for compilation and distribution of data gathered by government agencies. All data collected and maintained by the City of Hutchinson ( "City ") is presumed public and is accessible to the public for both inspection and copying, unless classified as Private, Confidential, Nonpublic or Protected Nonpublic in accordance with Federal law, State Statute or a temporary classification. The City of Hutchinson has appointed the following position to administer this system. Responsible Authority City Administrator City of Hutchinson 111 Hassan St. SE Hutchinson, MN 55350 (320) 587 -5151 Positions appointed as Designees in system administration are as follows: Hutchinson Utilities Commission Records (gas and electric records) Police Records Official Records Clerk General Manager Hutchinson Utilities Commission 225 Michigan St. SE Hutchinson, MN 55350 (320) 587 -4746 Chief of Police Hutchinson Police Department 10 Franklin St. S. Hutchinson, MN 55350 (320) 587 -2242 City Administrator City of Hutchinson 111 Hassan St. SE Hutchinson, MN 55350 Other positions responsible for maintenance of City Records are as apparent or assigned. Exhibit 2 DATA REQUEST COST CALCULATION FORM Fees charged are in accordance with Minn. Statute Section 13.03 (3) Date of Request: Description of information requested: (Please be specific) Costs for duplication of standard materials are included on Exhibit 3. Please use this section to calculate fees for other data requests. Estimated Cost Actual Cost A. LABOR X # Hours Hourly Rate X #Hours Hourly Rate B. PHOTOCOPY X Rate #Pages C. MAILING X D. PRINTING COSTS E. OTHER COSTS (May include computer time, programming, terminal access, microfilming, document certification and any other costs not listed above.) 1. 2. 3. 4. TOTAL CHARGES AMOUNT TO BE PREPAID (50% of est. total if exceeds $50) AMOUNT DUE UPON COMPLETION PREPARED BY: DEPARTMENT: DATE: Exhibit 3 Photocopying Charges The following rates shall apply for request of standard materials: STANDARD CHARGES Photo Copies 25 cents /page Document Research $25/hour MN Statute 13.03 Subd. 3. Request for access to data. (a) Upon request to a responsible authority or designee, a person shall be permitted to inspect and copy public government data at reasonable times and places, and, upon request, shall be informed of that data's meaning. If a person requests access for the purpose of inspection, the responsible authority may not assess a charge or require the requesting person to pay a fee to inspect data. (b) For purposes of this section, "inspection" includes but is not limited to, the visual inspection of paper and similar types of government data. Inspection does not include printing copies by the government entity, unless printing a copy is the only method to provide for inspection of the data. (c) The responsible authority or designee shall provide copies of public data upon request. If a person requests copies or electronic transmittal of the data to the person, the responsible authority may require the requesting person to pay the actual costs of searching for and retrieving government data, including the cost of employee time, and for making copies, certifying, compiling, and electronically transmitting the copies of the data, but may not charge for separating public from nonpublic data. If the responsible authority is not able to provide copies at the time a request is made, copies shall be supplied as soon as reasonably possible. Exhibit 4 CONSENT TO RELEASE PRIVATE DATA I, , authorize the City of Hutchinson to release the following private data about me: To the following person or people: The person or people receiving the private data may use it only for the purpose or purposes: This authorization is dated and expires on The expiration cannot exceed one year from the date of the authorization, except in the case of authorizations given in connection with applications for life insurance or non - cancelable or guaranteed renewable health insurance and identified as such, two years after the date of the policy. I agree to give up and waive all claims that I might have against the City, its agents and employees for releasing data pursuant to this request. Signature Identity Verified By: Witness: X Identification: Driver's License, State ID, Passport, other: Comparison with signature on file Other: Responsible Authority /Designee: Exhibit 5 INFORMATION DISCLOSURE REQUEST Minnesota Government Data Practices Act A. Completed by Requester Name (Last, First, MI) Date of Request Street Address City, State, Zip Phone Number Signature Description of the information requested: (attach additional sheets if necessary) B. Completed by the City of Hutchinson Handled by: Information classified as: Public Non - Public Private Protected Non - Public Confidential Action: Approved Approved in part (Explain Below) Denied (Explain Below) Remarks or basis for denial including MN Statute if applicable: Charges: None Photocopy: Pages x cents = Special Rate: Explanation: Other: Explanation: Identify Verified for Private Information: Identification: Driver's License, Etc. Comparison with Signature on File Personal Knowledge Other: Authorized Signature Date Exhibit 6 GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT 1. AUTHORIZATION. City of Hutchinson ( "City ") hereby authorizes ( "Authorized Party ") access to the following government data: 2. PURPOSE. Access to this government data is limited to the objective of creating summary data for the following purpose: 3. COST. (Check which applies): The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been determined to be $ The authorized Party has been requested by the City to prepare summary data and will be paid in accordance with Attached Exhibit 4. SECURITY. The Authorized Party agrees that if it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized Party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public which is obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody. The Authorized Party agrees not to make reproductions of any data or remove any data from the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above will ever be disclosed or communicated to anyone by any means. The Authorized party warrants that the following named individual(s) will be the only person(s) to participate in the collection of the data described above: 5. LIABILITY FOR DISCLOSURE. The Authorized party is liable for any unlawful use or disclosure of government data collected, used and maintained in the exercise of this agreement and is classified as not public under state or federal law. The Authorized Party understands that it may be subject to civil or criminal penalties under those laws. The Authorized party agrees to defend, indemnify, and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgements, or expenses, omission of the Authorized Parry's failure to fully perform in any respect all obligations under this agreement. 6. INSURANCE. In order to protect itself as well as the City, the Authorized parry agrees at all times during the term of this Agreement to maintain insurance covering the Authorized Party's activities under this Agreement. The insurance will cover $1,000,000 per claimant for personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification obligation specified above. 7. ACCESS PERIOD. The Authorized Parry may have access to the information described above from to 8. SURVEY RESULTS. (Check which applies): If the Authorized Party is the requester, a copy of all reports, summaries, compilations, articles, publications or any document or series of documents that are created from the information provided under this agreement must be made available to the city in its entirety. If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications or any document or series of documents that are created from the information provided under this agreement must be provided to the City. The Authorized party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. AUTHORIZED PARTY: Title (if applicable): CITY OF HUTCHINSON: Its: Date: Date: Exhibit 7 NOTICE TO PERSONS UNDER AGE 18 Some of the information you are asked to provide is classified as private under State Law. You have the right to request that some or all of the information not be given to one or both of your parents /legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: • Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect you from physical or emotional harm, • Whether there is reasonable grounds to support your reasons, and • Whether the data concerns medical, dental, or other health service provided under Minnesota Statues Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GIVEN TO: BY: (Name) DATE: REQUEST TO WITHHOLD INFORMATION I request that the following information: Be withheld from: For these reasons: Date: Signature: Print Name: (Title) Exhibit 8 DATA PRACTICES ADVISORY (Tennessen Warning) Some or all of the information that you are asked to provide on the attached form is classified by State law as either private or confidential. Private data is information that generally cannot be given to the public but can be given to the subject of the data. Confidential data is information that generally cannot be given to either public or the subject of the data. Our purpose and intended sue of this information is: You are are not legally required to provide this information. If you refuse to supply the information, the following may happen: Other persons or entities authorized by law to receive this information are: Exhibit 9 CONTRACT PROVISION Data Practices Compliance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligation under this contract. Contractor agrees to maintain all data contained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the Act). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the city from any claim, liability, damage or requirements of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to the City as requested by the City. APPENDIX A NONPUBLIC, PRIVATE & CONFIDENTIAL DATA MAINTAINED BY THE City of Hutchinson 1. PERSONNEL DATA (PRIVATE) Generally dall data about people who are or were an employee, applicant for employment, volunteer, independent contractor, or member of or applicant for a board or commission is private, with the exceptions noted below. Public Data — Applicants The following data on current and former applicants is public: * Veteran Status * Relevant test scores * Rank on eligible list * Education and training * Work availability * Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) * Names and addresses of applicants for appointment to and members of an advisory board or commission. Public Data — Employees The following data on current and former employees, volunteers, independent contractors, and members of advisory boards and commissions are public: * Name * Actual gross salary * Salary range * Contract fees * Actual gross pension * Value and nature of employer paid fringe benefits * Basis for and the amount of added remuneration, including expense reimbursement, in addition to salary * Job title * Job Description * Education and training background • Previous work experience • Date of first and last employment • The existence and status (but not nature) of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action • Terms of any agreement settling any dispute arising from the employment relationship, including a "buyout" agreement. • Work location * Work telephone number * Badge number * Honors and awards received * Payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non- public data. * City and county of residence Undercover Law Enforcement Officer All personnel data about an undercover law enforcement officer is private until no longer assigned to those duties. Then the officer is subject to the same rules applicable to other employees unless the law enforcement agency determines that revealing the data would threaten the officer's safety or jeopardize an active investigation. Access by Labor Organizations Personnel data may be given to labor organizations and the Bureau of Mediation Services to the extent this it is necessary to conduct elections, notify employees of fair share fee assessments, or to implement state labor laws. Employee Assistance Programs All data associated with employee assistance programs is private. Harassment When there is a harassment complaint against an employee, the employee may not have access to data that would identify the complainant or other witnesses if the data would threaten the personal safety of the complainant or witness, or subject the complainant or witness to harassment. However, this information will be provided to the employee in order for him/her to prepare for a disciplinary proceeding that has been initiated. Peer Counseling Debriefing Data acquired by a peer group member in a public safety peer counseling debriefing is private data on the person being debriefed. Protection of Employee or Others If it is reasonably necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting authority. 2. PROPERTY COMPLAINT DATA (CONFIDENTIAL). Minn. Stat. 13.44 The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 3. PLANNING QUESTIONAIRES (PRIVATE). Minn. Stat. 13.59 Names, addresses, and legal descriptions of property, that are collected in questionnaires or surveys of individuals and businesses for the purposes of planning, development, or redevelopment. 4. SECURITY INFORMATION (Nonpublic). Minn. State. 13.37 Data which is disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against the theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. 5. ABSENTEE BALLOTS (Nonpublic). Minn. Stat. 13.37 Sealed absentee ballots before opening by an election judge. 6. SEALED BIDS (Nonpublic) Minn. Stat. 13.37 7. LABOR RELATIONS INFORMATION (Nonpublic). Minn. Stat. 13.37 Management positions on economic and non - economic items that have not been presented during the collective bargaining process or interest arbitration, including information collected or created to prepare the management position. 8. FIREARMS DATA (PRIVATE). Minn. Stat. 13.87 Data about the purchase or transfer of firearms and applications for permits to carry firearms. 9. EXAMINATION DATA (Nonpublic). Minn. Stat. 13.34 Completed versions of personnel and licensing examinations shall be accessible to the individual who completed the examination, unless the responsible authority determines that access would compromise the objectivity, fairness, or integrity of the examination process. 10. ELECTED OFFICIALS CORRESPONDENCE (PRIVATE). Minn. Stat. 13.601 Correspondence between individuals and elected officials is private data on individuals, but may be made pubic by either the sender or the recipient. 11. BENEFIT DATA (PRIVATE). Minn. Stat. 13.462 All data about individuals participating in the City's rehabilitation program. 12. CIVIL INVESTIGATIVE DATA. Minn. Stat. 13.39 13. APPRAISAL DATA (CONFIDENTIAL). Minn. Stat. 13.44 Appraisals made for the purpose of selling or acquiring land. 14. ASSESSOR'S DATA (PRIVATE). Minn. Stat. 13.51 Data on sales sheets from private multiple listing service organizations. Income information on individuals used to determine eligibility of property for class 4d under Minn. Stat. 273.13 and 273.126. The following data regarding income properties: • Detailed income and expense figure, • Average vacancy factors, • Verified net rentable or net useable areas, • Anticipated income and expenses, • Projected vacancy factor, and • Lease information Social Security Numbers (Minn. Stat. 13.355) 15. TRANSPORTATION SERVICE DATA (PRIVATE). Minn. Stat. 13.72 Personal, medical, financial, or locational information, except name of applicants or users of transportation services for the disabled or elderly. 16. RECREATION DATA (PRIVATE). Minn. Stat. 13.548 For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 17. LAW ENFORCEMENT DATA. Minn. Stat. 13.80 & 13.82 Data collected under the domestic abuse act is confidential. The audio recording of a 911 call is private regarding the individual making the call, but written transcript is public. Certain arrest data, request for service data, and response or incident data is public, under Minn. Stat. 13.82. Otherwise, investigative data collected to prepare a case against a person for the commission of a crime or civil wrong is confidential while the investigation is active. Photographs that are part of inactive investigation files are private if they are clearly offensive to common sensibilities. Booking photographs are public. The identity of a victim of child abuse or neglect is private. The identity of a reporter of child abuse or neglect is confidential. Inactive investigative data that relates to the alleged abuse or neglect of a child by a person responsible for the child's care is private. Videotapes of child abuse victims may not be released under any circumstances without a court order. The following are private: • The identity of undercover law enforcement officers. • The identity of criminal sexual conduct victims. • The identity of certain informants. • The identity of victims, witnesses, people making 911 call whose personal safety or property would be threatened by disclosure. • The identity of a person making a 911 call to receive help in a mental health emergency. Unique descriptions of stolen, lost, confiscated, or recovered property are private. Identities of customers of licensed pawnshops and secondhand goods dealers are private. Detention data that would disclose personal, medical, psychological or financial information or endanger an individual's life is private data (Minn. Stat. 13.85). Criminal history data is private, except convictions of crimes within the past 15 years (Minn. Stat. 13.87) Deliberative processes or investigative techniques are confidential. 18. CITY ATTORNEY RECORDS. Minn. Stat. 13.393 Statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility govern the use, collection, storage, and dissemination of data by the city attorney. 19. COUNCIL MEETINGS HAVING DATA CLASSIFIED AS NONPUBLIC Minn. Stat. 13D.05 Subd. 2. When meeting must be closed: (a) any portion of a meeting must be closed if expressly required by other law or if the following types of data are discussed: 1. data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; 2. internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by a state agency, statewide system, or political subdivision; or 3. educational data, health data, medical data, welfare data, or mental health data that are not public data. (b) A public body shall close one or more meetings for preliminary consideration of allegations or charges against an individual subject to its authority. If the members conclude that discipline of any nature may be warranted as a result of those specific charges or allegations, further meetings or hearings relating to those specific charges or allegations held after that conclusion is reached must be open. A meeting must also be open at the request of the individual who is the subject of the meeting. Subd. 3. When meeting may be closed. (a) a public body may close a meeting to evaluate the performance of an individual who is subject to its authority. The public body shall identify the individual to be evaluated prior to closing a meeting. At its next open meeting, the public body shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of an individual who is the subject of the meeting. (b) Meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney- client privilege. HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action WZ 7AL =- Agenda Item: Consideration for Approval of Project Change Orders /Supplemental Agreements Department: PW /Eng LICENSE SECTION Meeting Date: 7/23/2013 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: As construction has proceeded on the below listed projects there has been additional work, project scope revisions, and /or construction completion date changes. The items specified below have been identified and deemed necessary to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders are proposed as noted: o Change Order No. 1 — Letting No. 8B /Project No. 13 -08B — Railroad Depot Site Improvements This Change Order addresses: 1) Replacement of bituminous on north end of Monroe /Erie alley at Washington Ave due to sanitary sewer realignment. 2) Replace broken curb on 1 st Ave access apron. 3) Installation of salvaged light pole and re -feed of existing pole due to sanitary sewer realignment. BOARD ACTION REQUESTED: Approval of Change Orders Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 6,876.87 Total City Cost: $ 6,876.87 Funding Source: 2013 Construction Fund Remaining Cost: $ 0.00 Funding Source: cr:yOf 7AL -0 HUTCHINSON CITY CENTER ENGINEERING DEPARTMENT 111 HASSAN STREET SE, HUTCINSON MN 55350 PHONE: 320-234-4209 FAX: 320-234-4240 Dated: 07/17/2013 LETTING NO. 813 - PROJECT NO. 13 -08B CHANGE ORDER NO. 1 Page 1 of 1 Project Location: Railroad Depot Site Improvements - 25 Adams St SE CONTRACTOR: Wm Mueller & Sons Inc, 831 Park Ave, P O Box 247, Hamburg MN 55339 Contract Amount: $1853257.67 Completion Date: Final: 08/02/2013 Description of Change: realignment. 2) Replace broken curb on 1st Ave access apron. 3) Installation of salvaged light pole and re -feed of existing Epd, hange Order addresses: 1) Replacement of bituminous on north end of Monroe /Erie alley at Washington Ave due to sanitary ue to sanitary sewer realignment. Item No. Spec. Ref. r Item Name Unit Quantity Unit Price Amount INCREASE ITEMS 36 2360.503 TYPE SPWEA240B WEARING COURSE MIXTURE (1.5" DEPTH) SY 65.00 $9.70 $630.5 37 2360.503 TYPE SPWEB230B BASE COURSE MIXTURE (2.5" DEPTH) SY 65.00 $14.90 $968.5 38 2531.501 REMOVE & REPLACE CONCRETE CURB & GUTTER DESIGN 8618 LF 30.00 $38.00 $1,140.0 39 2545.501 ELECTRICAL LIGHTING SYSTEM (install salvaged light pole at Washington /Monroe) LS 1.00 $1,833.06 $1,833.06 40 2545.501 ELECTRICAL LIGHTING SYSTEM (refeed existing pole at Adams /Washington) LS 1.00 $1,679.64 $1,679.6 41 3882.100 Contractor 10% Allowance LS 1.00 $625.17 $625.17 TOTAL INCREASE ITEMS 6,876.87 DECREASE ITEMS: TOTAL DECREASE ITEMS $0.00 NETCHANGE ---------------------------------------------------------------------------------------------------------------------------------------------- - - - - -- $6,876.87 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $6,876.87 An extension of 0 calendar days shall be allowed for completion. (add)!(ded61st). ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONS /DEDUCTIONS IF THIS ADDITION QrsDI I 'T' ^"' N TOTAL $185,257.67 $0.00 1 $6,876.87 $192,134.54 Approved: Contractor - Wm Mueller & Sons Inc Dated: Approved: City of Hutchinson - Mayor: Steven W Cook I Dated: 07/23/2013 Approved: City of Hutchinson - City Engineer: Kent Exner Dated: Approved: City of Hutchinson - City Administrator: Jeremy J Carter I Dated: 07/23/2013 HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Food Vendor License Application Department: Administration LICENSE SECTION Meeting Date: 7/23/2013 Application Complete Yes Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 0 License Contingency No Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Rafael Jimenez has submitted an application for a food vendor license to operate an ice cream truck throughout city streets. Mr. Jimenez has been operating an ice cream truck in the City of Hutchinson since 2011. The Hutchinson Police Department conducted a background investigation on Mr. Jimenez and found no criminal history. In addition, no documented complaints against his business have been received by the City. BOARD ACTION REQUESTED: Approve issuing food vendor license to Rafael Jimenez to operate ice cream truck. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: Ctty of I I I I lassan Strccz Southeast Ilutchinsen, Mil 55350 (320)587- 51511Fax:(320) 7334240 one City of Hutchinson FOOD VENDOR APPLICATION (Pursuant to City Code Section 123) © Mobile Food Cart $125.00 Mobile Food Vehicle $125.00 Date of Application — - License Fee: $125.00 Proposed Date nf Open in : Li proposed Date of Closing: -� _ rA A Applicant Information L at Corporate Name of Business Tra a Name (DBA) usiness - relephone Number Telephone Number Flame Address City Name of Person Corppleting Application Title Telephone Number Date of Birth % of Ownership Telephone Number E -m it Address Fax Number Cell Phone Number MN , ial Security #, or Individual Tax ID 4: Ow This is a usmess es AgNo Ifno, state uther cumnrunities this business has operated: Telephone Number Licensed Kitchen Address City _ T - State Zip Code Name of Manager. � ` .1 J; ftii� -t�: � Home Address - - -- City Home address .c;. f�,d:�Jriul �.,��Yr,rr1.��( Date of birth • � .y' - � f~; Type of ownershi : jWQsole ro rietar rl oration ❑LLC ❑ artnershi ❑non- rofit Date of incorporation: State of incorporation: List J-Ut owners, rartners and Corporate Members Attach additional sheet if necessa Full Name: First, Middle Last Date of Birth % of Ownership Telephone Number Flame Address City State Zip Code i Full Name: First, Middle Las€ Date of Birth % of Ownership Telephone Number }come Address Full Name: First, Middle I.,as€ City State Zip Code Date of Birth % of Ownership Telephone Number Home Address Full Name: First, Middle Last City Date of Birth State % of Ownership Zip Code Telephone Number Home Address - - -- City - - Stale — - -- -- .... - -- Zip Cade I lave any of the ahave people been convicted of a crime? ©Yes No If Yes, please provide (or attach) dates and conviction specifics. Business Information List proposed vending sites: e If any of the proposed sites are within 100 feet of a restaurant open while your business is in operation, the restaurant owner must sign below granting consent of the location: Name of Restaurant Printed Name and Signature of owner Name of Restaurant Printed Name and Signature of owner Attach additional consent forms if necessary. If any of the proposed sites are within 500 feet of any festival, fair or civic event, the event sponsor must sign below granting consent of the location: Name of Event Printed Name and Signature of Event Sponsor Name of Event Printed Name and Signature of Event Sponsor Attach additional consent forms if necessary. IF A VENDING SITE IS SELECTED AFTER SUBMITTAL OF THIS APPLICATION AND IS WITHIN EITHER OF THE BOUNDARIES NOTED ABOVE, THE APPLICANT IS RESPONSIBLE TO SUBMIT CONSENT FORMS TO THE CITY OF HUTCHINSON PRIOR TO OPERATING AT THE VENDING SITE Describe in detail the principal products being sold: C e '.. List all licenses obtained from the State of Minnesota and provide copies with this application: Have you ever had a business license denied or revoked by another government entity? ❑Yes WO If Yes, indicate date of denial /revocation, government agency and reason for denial or revocation. Workers' Compensation Company Policy Number Dates of Coverage -----------Or------------ I certify that I am not required to carry workers' compensation insurance because: ❑I am self insured. (XI am the sole proprietor and 1 have no employees. ❑I have no employees who are covered by workers' compensation law. Only employees who are specifically exempted by state are not covered by the workers' compensation law. These include spouse, parents, and children regardless of age. All other workers whose work is controllable by the employer must be covered. REGARDLESS OF WORKERS' COMPENSATION COVERAGE, A CERTIFICATE OF INSURANCE NAMING THE CITY OF HUTCHINSON AS AN ADDITIONAL INSURED FOR LIABILITY MUST BE ATTACHED TO THIS APPLICATION Reference Information List last (up to three (3)) previous city(ies) where you carried on same activity (immediately preceding today's date): 'mccc to C2 City State }� Dale(s) ofAcerviry } Jt%Z��� to City State Date(s) of Activity to City State Date(s) of Activity Reference Information (continued) Provide two names for character references: Address z()) y'7 q - 3-5 01 - Phone Number to k4-1 City State Zip Phone Number "/L) r- 33� SJ State Zip Checklist (all items must be checked "yes" in order for the application to be processed) The following items need to be completed and/or attached in order for the application to be processed: State of Minnesota license(s): M yes ❑ no Certificate of insurance: JU yes ❑ no Application completed in full and signed: yes ❑ no Application fee paid in full: Oyes ❑ no Consent of restaurant owner /event sponsor: ❑ yes ❑ no FIN /A Release of Information completed and signed: *yes ❑ no I hereby certify that the application is true, correct, and accurate. By signing below, I agree that any person operating as a food vendor under this application will fully comply with all provisions of Hutchinson City Code. I fully understand that any person who violates any provision of the Food Vendor Ordinance Section 123 is guilty of a misdemeanor and are grounds for the suspension or revocation of the food vendor license in accordance with Section 123 of the Hutchinson Cit Code. Representative Print Name 7- c)9-- I.3 Date Ci l'Ya-f,'3- Title NOTE: All applications must be considered and approved by the Hutchinson City Council. Upon approval by the City Council, a license will be issued to the applicant. 07/09/2013 09,48Lake P.egion Cokato LAKE REGION AGCY PO BOX 759 COKATO, MN 55321 1.320.286.2231 Certificate of Insurance (FAX)320186 2891 P 001/001 AMM EMME Policy number: 45378358.8 Underwritten by: Unhed Anandel Casualty Company July 9, 2013 Page I of I Certificate Holder Insured Agent Xddiilonal'lnsured . .................... aFAEl1} ME1VE2.... ...... ... . ........ ... ....... ....,...AICE REGIDN*aGcir ............................. CITY OF HUTCHINSON CHITOS CONCESSIONS PO BOX 759 CiTYCENTER 11 I HASSAN ST 5E 306 S DONNELLY AVE COKATO, MN 55321 HUTCHINSON, MN 55350 LITCHFIELD, MN 55355 This document Certifies that insurance policies identified below have been Issued by the designated Insurer to the Insured named above for the period(s) indicated. This Certificate is Issued for Information purposes only. It (onfefs no rights Won the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below, The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these pollcies. ..............................................,....,...,,.....,...,......... .................. ......... .... —.... ............................... Polley ENeafve Dete: Apr 29.2013 Paltry i:xplratlon Date: Olt 29, 7D13 Insurance couange(s) limits Bodily InjurylProperty Damage ...............'............. ;300,000 Combined Single Limit ...................... . ........ .,................. Unlnsuredlilnderinsured Mororlsl' .130U,000%S3UO.ODO .. ............. ............................... . ....... Aersvnal Injury Proteaion t2a,000 Med &Eton 1055 w/v Workers Comp -Non Stacked Description of LocationNehides/5pecial Items Scheduled autos only 1988 CHEVROLET P30 1GClP321213303563 .. .. ............................... .. ............................... .... Comprehensive 5500 DED w1S0 glass DED Collision S50D Ded 1988 CHEVRI)l @T P34 tGUP321313304687 ........... .... ....................................,.....,....,. ...,........................... Comprehensive 5500 DED w1S0 glass DED Collision 5500 Ded Certificate number 19013AO8358 Please be advised that additional Insureds and loss payees will be notified In the event of a mid-term cancellation. A2717- form 524111 Oft MINNESOTA DEPARTMENT OF AGRICULTURE 625 ROBERT STREET NORTH, ST. PAUL„ MINNESOTA 55155 -2538 RETAIL MOBILE FOOD HANDLER JIMENEZ RAFAEL DBA CHITOS CONCESSIONS License Plate 306 SOUTH DONNELLY AVE #Y /AU8433G LITCHFIELD MN 55355 License Categories 20086062 $ 77.00 5/6/2013 License Number License Fee Paid Effective Date E piraation Dare This license must be posted in a conspicuous place and is not transferable. AG 00853 In accordance with the Americans With Msabilitirs Act, an alternative form of communication is available upon request HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action WZ 7AL =- Agenda Item: Short Term 3.2% Liquor License - McLeod County Agriculture Association Department: Administration LICENSE SECTION Meeting Date: 7/23/2013 Application Complete Yes Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: The McLeod County Agriculture Association has submitted a short -term 3.2% malt liquor license to dispense malt liquor at the McLeod County Fair from August 14 - 18, 2013. The McLeod County Agriculture Association is a non - profit organization that meets the requirements for a short -term 3.2% malt liquor license. BOARD ACTION REQUESTED: Approve issuing short -term 3.2% malt liquor license to McLeod County Agriculture Association from August 14 -18, 2013. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: city Of 111 Hassan Street Southeast Hutchinson, MN 55350 (320)587 -5151 /Fax:(320)234 -4240 Short Ter ISR1 Malt Liquor re: 25.0 0 l City of Hutchinson APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE — ON SALE In provisions of the City of Hutchinson Municipal Code Chapter 112 All applications must be received at least 10 days before City Council Meeting in order to be considered licant Information AA a L�oz 3X - X1&1- a499 Phone Number - Business /Organization Address City State Zip A GLepd- Go u h44 VA�i i?-- _CACd44 W J& I k, rey- -V 0 - GD -3 - : 1 -43- e—) App icani Name Phone Number ,R °5 flk"Ot sue a Applicant Address City State zip Officers /Owne s) of the Organization/Business ffnecessary, list additional names on separate sheet 't vY. A, IA-el I martsi cte-l" {Jame Title Namel Title Laa,w t� ewL _ -1✓r�stw>G k,- Name Title 3.2 Malt Liquor Sales Information Lea o ' e e - i Location of Sa Date(s) of Sales .C2 Sv�l Addre s Wontact Person Checklist The following items need to be completed and/or attached in order for the application to be processed: Certificate of Liability (city premises): ❑ yes ❑ no Application fee paid in full (check or money order): ❑ yes ❑ no in full and ❑ ves ❑ no The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption "ON" those certain premises in the City of Hutchinson described above and to that end represents and state as follows: That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21 years; that he /she is proprietor of this establishment for which the license will be issued if this application is granted. That no manufacturer of such non - intoxicating malt liquors has any ownership, in whole or in part, in said business of said applicant or any interest therein. City of llurchinwoo Application for Short Terra 3.2 .Mali hqunr brenae On -Sale Page 2 of 2 That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations nFsaid City of Hutchinson applicable thereto, which are hereby made a part hereof and hereby agrees to observe and obey the same. Each Applicant further states that he/she is not now the holder of, nor has helshe made application for, nor does he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. 1 declare that the information I have provided on this application is truthful, and I authorize the City of Iutchinson to investigate the information submitted, of awhorized applicani ice Chief Recommendation ?approved Uu MINNESOTA LIQUOR LIABILITY ASSIGNED RISK PLAN MINNESOTA JOINT UNDERWRITING ASSOCIATION 445 MINNESOTA ST SUITE 514 SAINT PAUL, MN 55101 -0760 (651) 222 -0484 OR 1- 800 - 552 -0013 CERTIFICATE OF INSURANCE FOR LIQUOR LIABILITY COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THE CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE CONTRACT LISTED BELOW. POLICY NUMBER: 13 -0283 CONTRACT PERIOD: 12:01 A.M. 8/14/2013 TO 12:01 A.M. 8/19/2013 (or the time /hour the event license expires) CONTRACT HOLDER & ADDRESS MCLEOD COUNTY AG ASSOCIATION MCLEOD COUNTY FAIR PO Box 142 840 CENTURY AVE. #A HUTCHINSON, MN 55350 SCHEDULED PREMISES: MCLEOD CTY FAIRGROUNDS, 840 CENTURY AVE SW, HUTCHINSON, MN 55350 THIS IS TO CERTIFY THAT THE CONTRACT OF COVERAGE DESCRIBED HEREIN HAS BEEN ISSUED TO THE CONTRACT HOLDER NAMED ABOVE AND IS IN FORCE AT THIS TIME. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN TO THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH CONTRACT. TYPE OF COVERAGE LIMITS OF LIABILITY BODILY INJURY S 50,000 EACH PERSON 100,000 EACH OCCURRENCE PROPERTY DAMAGE S 10,000 EACH OCCURRENCE LOSS OF MEANS OF SUPPORT S 50,000 EACH PERSON 100,000 EACH OCCURRENCE PECUNIARY LOSS S 50.000 EACH PERSON 100,000 EACH OCCURRENCE ANNUAL AGGREGATE S 300.000 ANNUALLY SHOULD THE ABOVE CONTRACT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE PLAN WILL MAIL 60 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, HOWEVER, M THE EVENT THE CANCELLATION IS FOR NON PAYMENT OF PREMIUM, THE PLAN WILL MAIL A 10 DAY WRITTEN NOTICE. CERTIFICATE HOLDER NAME & ADDRESS CITY OF HUTCHINSON 111 HASSAN STREET SE HUTCHINSON, MN 55350 AGENCY NAME & ADDRESS CITIZENS INSURANCE AGENCY PO Box 339 HUTCHINSON, MN 55350 DATE OF ISSUE: 07/08/2013 4R , AUTHORIZED REPRESENTATIVE HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action WZ 7AL =- Agenda Item: Short -Term Gambling License - Hutch Hockey & Fire Dept. Relief Association Department: Administration LICENSE SECTION Meeting Date: 7/23/2013 Application Complete Yes Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Hutch Hockey Association and the Hutchinson Fire Department Relief Association have both submitted short -term gambling license applications into administration for review and processing. The applications are for events the organizations are holding on January 25, 2014, and September 14, 2013, respectively. The applicants have completed the appropriate applications in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short -term gambling license to Hutch Hockey Association on January 25, 2014, and Hutchinson Fire Department Relief Association on September 14, 2013.. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: a 1 I 1 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-515 [/Fax: (320) 234A240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered A lication Type_ -`Ul Short Term Date(s) w ' - Wj oi_3 Fee: $30.00 M nth,Da ylYeor Month: Dav/Year _ Or anization Information ��ut�•c. ���u »:� F,w..F ��P�`�as�.ti�y-r 1.1��- I-- %xta"i,a�l Name Phone Number lN!�:t`) ni 553 Address W ere regular meeting are held City State zip Day and time of meetings? 0 �C rne_-; qCr �U Ply) Is this organization organized under the laws of the ttate of Minnesota? ❑ yes ❑ no How long has the organization been in existence? may members in the organization? ��!�How What is the purpose of the organization`? �z , . cti-x }�...,, rk In wh se custody will organization records be kept? Name Phone Number 1 z AkA. - AtW Add 4s- Ci State zip 11 Duly Authorized Officer of the Organization Information 'lk �Nra...J �3�v4• � ] True Name -52V - -5 S3 - X7,.� Phone Number Residence Address City State zip Date of Birth: -'� / / I / % 79" Place of Birth: /1,"-11-11 Monthlday/year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes X no If yes, explain: City of Hutchinson Application for Bingo Gambling Devices License Page 2 of 3 Designated Gambling Manager ( ualt ied under Minnesota Statute '329 Lam-- L 2 Name Phone Number �Trrue to�� 22 Jt�+� TiS�Y�1 rV�C7 Residence Address City State Zip />/ Date of Birth: 1 / 'G Place of Birth: -�& c- M'/ Monthldaylyear ity State Have you ever been convicted of any crime other than a traffic offense? ❑ yes \Cf] no If yes, explain: How long have you been a member of the organization? Game Information #1 `` ILocation r urr"[, -1 1 at sa:J r 2 Qtj►'� f Y ��� c� - -, Name of location where game will be played Phone Number I r20S ,fin r Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through Sk-,A I y AM AM Hours of the day gambling devices will be used: From d-6 CM:) To 0 Maximum number of player: 3.S-o c�o Will prizes be paid in money or merchandise`? E3 money merchandise Will refreshments be served during the time the gambling devices will be used? "13 yes ❑ no If yes, will a charge be made for such refreshments`? ❑ yes no Game Information Location 42 Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From PM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no Officer, of the Organization (ifnecessart', list additional names on separate? sheer Name Title rvihi gResidence Address C.'ity State Zip Name rr ff tle MW Residence Address City State Zip City of Hutchinson APplication for Bingo Gambling Devices License Page 3 of 3 V Name J Title Reside ce Address City State zip Officers or Other Persons Paid for Services Information Of necessary, list additional frames on se aratc sheet} Name Title Residence Address City State Zip Name Title Residence Address City State Zip Name Title Residence Address City State zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager] yes E3 no Authorized Officer Oyes ❑ no Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20AIating to gambling and I will familiarize myself with the contents thereof. after of organization r C` Sign tore ofgamhling manager of organization Internal Use Onlv City Council ❑ approved ❑ denied Notes: 7l�1 %).S Date 1 _ 1° Date City of 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587 -5151 Fax: (320) 234.4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application Type Short Term Date(s) seJL4 - I L2-5 / 14 Fee: $30.00 MM nthlD %Year - Month1D /Year 7 7 Or anization Information A a (32-0 j %C) Name Phone Number 7 W J IWAI 55-?S0 Address where regular meeting are held City State Zip Day and time of meetings? 2 n) W-4 d east, tnozrt� to- 7 30 r p, Is this organization organized under the laws of the State of Minnesota? V yes ❑ no How long has the organization been in existence? 40 How may members in the organization? 2-/ - What is the purpose of the organization? i o m �, "•T u ti D[�h'e In whose custody will organization records be k t? ae Tucy (320) 291. 401 Name Phone Number q /Vnl 5-5-3-so Address city State zip Duly Authorized Officer of the Organization Information J osbiart " I" &-I True Name Residence address City Date of Birth: / Ue / 19 0 Place of Birth: Month/day/year Have you ever been convicted of any crime other than a traffic offense? If yes, explain: -52,2--Z1 6 -I ¢o j Phone Number AV State City ❑ yes no S S 3S L Zip V14 01 State City of Hutchinson Application far Gambling Devices License Page 2 of 3 Designated Gambling Manager (Qualified under Minnesota Statute X329) a/ True Name (-S1b)746 -9 "I Phone Number 873 U cA b: L 1) j, SW A i" l' A4AI 55 3 5 Residence Address City State Zip Date of Birth: 5 1 //1 / 197f Place of Birth: S ul, Set,+ e,-%l A- Month/day/year City Steele Have you ever been convicted of any crime other than a traffic offense? ❑ yes '�(no If yes, explain: How long have you been a member of the organization? Game Information Location #I VFW Ali- slab Name of location where game will be played 7 IfAYoS Address of location where game will be played Date(s) and/or day(s) gambling devices will be used Hours of the day gambling devices will be used: rlufc4: nSar) City S87 - el- y Phone Number MAI KS35n Mate /_tp 1125 11q- through 1 &51 / q- AM AM From 9: Q (J J�—M) To 11.'-30 Maximum number of player: Will prizes be paid in money or merchandise? O money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? )d yes ❑ no If yes, will a charge be made for such refreshments? 'XVes ❑ no II Game Information I Location #2 Name of location where game will be played Address of location where game will be played Date(s) and/or day(s) gambling devices will be used: Hours of the day gambling devices will be used: Phone Number City State Zip through AM From pM To Maximum number of player: Will prizes be paid in money or merchandise? L] money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ ves ❑ no AM City of Hutchinson Applicarion for Gambling Devices License Page 3 of 3 Officers of the Organization (if necessary, list additional naives on separate sheet) 4 Name Title 195.75 J; ill u1C.knIon M Residence Address City State Zip rk► c Name Title I .2 7S / /dl /V -553,S,6 ,S,6 Residence Address City State Zip � P � C G SA t/S �t L! r If Name title 1141s 5 535c) Residence Address City State Zip Officers or Other Persons Paid for Services Information (ifnecessary, list additional names on separate sheet) Name Title Residence Address City State Zip Name Title Residence Address City State Zri> Name Title Residence Address city State zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager yes ❑ no L Authorized Officer yes ❑ no Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordity9ce No. 114.20 relating to gambling and I will familiarize myself with the contents thereof at u4 of iture of! Internal Use of organization manager of"organization City Council ❑ approved ❑ denied Notes: f� Date _-7r/ /v/1) 013 Date CITY OF HUTCHINSON R55CKREG LOG22001VO Council Check Register 7/17/2013 Check Dates - 7/10- 7/23/13 Check # Ck Date Amount Vendor / Explanation Account Description 176655 7/10/2013 2,210.06 BUSHMAN, RAQUEL OPERATING SUPPLIES 176656 7/10/2013 50.29 NU- TELECOM COMMUNICATIONS 176657 7/12/2013 900.00 CONCORD SINGERS FLAG DAY PERFORMANCE 176658 7/17/2013 10,000.00 ELENA'S BAKERY, LLC CK REISSUE TO BUSINESS NAME 176659 7/17/2013 1,207.69 MESHED DESIGNS, LLC CK REISSUE TO BUSINESS NAME 176660 7/23/2013 308.00 AARP PROFESSIONAL SERVICES 176661 7/23/2013 14,750.00 ABDO, EICK & MEYERS AUDIT & FINANCE 176663 7/23/2013 956.26 ACE HARDWARE REPAIR & MAINTENANCE SUPPLIES 176664 7/23/2013 90.50 AEM MECHANICAL SERVICES, INC CONTRACT REPAIR & MAINTENANCE 176665 7/23/2013 53.44 ALPHA WIRELESS COMMUNICATIONS 176666 7/23/2013 135.28 AMERICAN BOTTLING CO COST OF MIX & SOFT DRINKS 176667 7/23/2013 90.85 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 176668 7/23/2013 11.70 AMERICAN WELDING & GAS CENTRAL GARAGE REPAIR 176669 7/23/2013 73.10 AMERIPRIDE SERVICES CONTRACT REPAIR & MAINTENANCE 176670 7/23/2013 822.00 ANIMAL MEDICAL CENTER ON CROW OTHER CONTRACTUAL 176671 7/23/2013 906.62 ARCTIC GLACIER PREMIUM ICE INC COST OF MIX & SOFT DRINKS 176672 7/23/2013 541.86 ARNOLD'S OF GLENCOE, INC CENTRAL GARAGE REPAIR 176673 7/23/2013 1,657.80 AUGUST SCHELL BREWING COMPANY CENTRAL GARAGE REPAIR 176674 7/23/2013 24.04 AUTO VALUE - GLENCOE EQUIPMENT PARTS 176675 7/23/2013 2,000.00 AUTOMATIC SYSTEMS CO OTHER CONTRACTUAL 176676 7/23/2013 25.64 B & B SPORTS REPAIR & MAINTENANCE SUPPLIES 176677 7/23/2013 14,036.00 B & L UTILITY MAINTENANCE CONTRACT REPAIR & MAINTENANCE 176678 7/23/2013 652.92 BELLBOY CORP COST OF MIX & SOFT DRINKS 176679 7/23/2013 228.71 BENNY'S MEAT MARKET MISCELLANEOUS 176680 7/23/2013 243.12 BERNICK'S FOOD SERVICE COST OF MIX & SOFT DRINKS 176681 7/23/2013 17.30 BETTER HALF EMBROIDERY UNIFORMS & PERSONAL EQUIP 176682 7/23/2013 2,000.00 BFG SUPPLY CO ADVERTISING 176683 7/23/2013 12,100.20 BIOGROUP USA, INC RECEIVED NOT VOUCHERED 176684 7/23/2013 249.00 BLACK HILLS AMMUNITION OPERATING SUPPLIES 176685 7/23/2013 327.00 BMI DUES & SUBSCRIPTIONS 176686 7/23/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 176687 7/23/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 176688 7/23/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 176689 7/23/2013 450.00 BOND TRUST SERVICES CORPORATIO PAYING AGENT FEES 176690 7/23/2013 36.42 BRANDON TIRE CO CENTRAL GARAGE REPAIR 176691 7/23/2013 390.00 BUREAU OF CRIM. APPREHENSION COMMUNICATIONS 176692 7/23/2013 10,608.00 C & C CONTRACTING CONTRACT REPAIR & MAINTENANCE 176693 7/23/2013 33,013.17 C & L DISTRIBUTING COST OF SALES -BEER 176694 7/23/2013 527.28 CALIFORNIA CONTRACTORS SUPPLIE REPAIR & MAINTENANCE SUPPLIES 176695 7/23/2013 279.96 CARLOS CREEK WINERY COST OF SALES -WINE 176696 7/23/2013 236.50 CARS ON PATROL SHOP LLC PROFESSIONAL SERVICES 176697 7/23/2013 74.99 CARTER, RON UNIFORMS & PERSONAL EQUIP 176698 7/23/2013 670.86 CENTRAL HYDRAULICS CENTRAL GARAGE REPAIR 176699 7/23/2013 84.48 CENTRAL MCGOWAN OPERATING SUPPLIES 176700 7/23/2013 335.21 COLLINS BROTHERS COST OF MIX & SOFT DRINKS 176701 7/23/2013 748.28 COMDATA CORPORATION FOOD PRODUCTS - CONCESSION 176702 7/23/2013 100.00 CORNER POST EROSION CONTROL IMPROV OTHER THAN BLDGS 176703 7/23/2013 11.00 CORRA GROUP PROFESSIONAL SERVICES 176704 7/23/2013 264.79 CREEKSIDE SOILS OPERATING SUPPLIES 176705 7/23/2013 294.47 CROW RIVER AUTO & TRUCK REPAIR CENTRAL GARAGE REPAIR 176706 7/23/2013 187.15 CROW RIVER PRESS INC PRINTING & PUBLISHING 176707 7/23/2013 570.89 CROW RIVER WINERY COST OF SALES -WINE 176708 7/23/2013 162.24 CRYSTEEL TRUCK EQUIP CENTRAL GARAGE REPAIR 176709 7/23/2013 7,491.60 DAY DISTRIBUTING COST OF SALES -BEER 176710 7/23/2013 102.24 DEPT OF EMPLOYMENT & ECONOMIC 2ND QTR UNEMPLOYMENT 176711 7/23/2013 4,622.34 DIGITAL ALLY, INC SMALL TOOLS 176712 7/23/2013 1,786.68 DPC INDUSTRIES INC CHEMICALS & PRODUCTS 176713 7/23/2013 25.15 DROP -N -GO SHIPPING, INC POSTAGE 176714 7/23/2013 79.99 DUEHN, RYAN UNIFORMS & PERSONAL EQUIP 176715 7/23/2013 2,053.86 EAST SIDE OIL COMPANIES RECEIVED NOT VOUCHERED 176716 7/23/2013 3,382.60 EATON CORPORATION CONTRACT REPAIR & MAINTENANCE 176717 7/23/2013 58.25 ECOLAB PEST ELIMINATION CONTRACT REPAIR & MAINTENANCE 176718 7/23/2013 750.00 EHLERS & ASSOCIATES INC PROFESSIONAL SERVICES 176719 7/23/2013 2,232.00 ENVIROTECH SERVICES, INC CONTRACT REPAIR & MAINTENANCE 176720 7/23/2013 112.00 EXTREME BEVERAGE LLC COST OF MIX & SOFT DRINKS 176721 7/23/2013 948.36 FAIRCHILD EQUIPMENT CENTRAL GARAGE REPAIR 176722 7/23/2013 160.31 FARM -RITE EQUIPMENT LANDSCAPE MATERIALS 176723 7/23/2013 179.10 FASTENAL COMPANY REPAIR & MAINTENANCE SUPPLIES 176724 7/23/2013 215.40 FIELDSTONE VINEYARDS COST OF SALES -WINE 176725 7/23/2013 105.31 G & K SERVICES CLEANING SUPPLIES 176726 7/23/2013 1,617.61 GURSTEL, STALOCK & CHARGO PA ACCRUED GARNISHMENTS 176727 7/23/2013 567.90 H. A. R. T. ACCRUED DEFERRED COMP 176728 7/23/2013 922.28 HACH COMPANY OPERATING SUPPLIES 176729 7/23/2013 38.00 HAGLIN, ANDREA RECREATION ACTIVITY FEES 176730 7/23/2013 77.07 HAUG IMPLEMENT CO RECEIVED NOT VOUCHERED 176731 7/23/2013 3,199.78 HAWKINS INC CHEMICALS & PRODUCTS 176732 7/23/2013 2,020.63 HD SUPPLY WATERWORKS LTD METERS & METER PARTS 176733 7/23/2013 40.71 HILLYARD/ HUTCHINSON CLEANING SUPPLIES 176734 7/23/2013 6,336.52 HUTCHINSON CONVENTION & VISITO LODGING TAX REIMBURSEMENT 176735 7/23/2013 12,248.38 HUTCHINSON CO -OP OPERATING SUPPLIES 176736 7/23/2013 144.00 HUTCHINSON HEALTH PROFESSIONAL SERVICES 176737 7/23/2013 2,303.01 HUTCHINSON LEADER PRINTING & PUBLISHING 176738 7/23/2013 116,918.84 HUTCHINSON UTILITIES UTILITIES 176739 7/23/2013 1,600.44 HUTCHINSON WHOLESALE CENTRAL GARAGE REPAIR 176740 7/23/2013 4,771.07 HUTCHINSON, CITY OF UTILITIES 176741 7/23/2013 5,000.00 HUTCHINSON, CITY OF ATM REPLENISHMENT 176742 7/23/2013 500.00 IMMANUEL LUTHERAN CHURCH COMPOST BAGS 176743 7/23/2013 9.17 INDEPENDENT EMERGENCY SERVICES COMMUNICATIONS 176744 7/23/2013 23.27 IOWA DEPT OF AGRICULTURE DUES & SUBSCRIPTIONS 176745 7/23/2013 1,207.00 JJ TAYLOR DIST OF MN COST OF SALES -BEER 176746 7/23/2013 12,496.76 JOHNSON BROTHERS LIQUOR CO. COST OF SALES -WINE 176747 7/23/2013 2,558.30 JUUL CONTRACTING CO CONTRACT REPAIR & MAINTENANCE 176748 7/23/2013 430.50 KDUZ KARP RADIO ADVERTISING 176749 7/23/2013 4,751.50 KOHLS SWEEPING SERVICE RECEIVED NOT VOUCHERED 176750 7/23/2013 6.36 KRANZ LAWN & POWER EQUIPMENT PARTS 176751 7/23/2013 1,788.23 L & P SUPPLY CO REPAIR & MAINTENANCE SUPPLIES 176752 7/23/2013 275.00 LEXISNEXIS OCC HEALTH SOLUTION DRUG TESTING 176753 7/23/2013 803.62 LIFE INSURANCE COMPANY OF AMER EMPL.HEALTH & INS. BENEFIT 176754 7/23/2013 1,208.06 LIFE INSURANCE COMPANY OF AMER EMPL.HEALTH & INS. BENEFIT 176755 7/23/2013 7.84 LIFE INSURANCE COMPANY OF AMER EMPL.HEALTH & INS. BENEFIT 176756 7/23/2013 9.71 LIFE INSURANCE COMPANY OF AMER EMPL.HEALTH & INS. BENEFIT 176757 7/23/2013 38.00 LIPKE, KATHY RECREATION ACTIVITY FEES 176758 7/23/2013 32,102.42 LOCHER BROTHERS INC COST OF SALES -BEER 176759 7/23/2013 40.00 LYNDE & MCLEOD INC FREIGHT 176760 7/23/2013 1,529.35 MACQUEEN EQUIP INC REPAIR & MAINTENANCE SUPPLIES 176761 7/23/2013 12.83 MATHESON TRI -GAS INC RENTALS 176762 7/23/2013 513.75 MAYTAG LAUNDRY & CAR WASH PROFESSIONAL SERVICES 176763 7/23/2013 34.00 MCCORMICK, SHERRY RECREATION ACTIVITY FEES 176764 7/23/2013 804.00 MCLEOD COUNTY RECORDER DUE FROM HRA 176765 7/23/2013 30,000.00 MCLEOD COUNTY REGIONAL RAILAU CONTRACT PAYABLE 176766 7/23/2013 280.89 MCRAITH, JOHN REIMBURSEMENT 176767 7/23/2013 125.00 MECA TRAVEL SCHOOL CONFERENCE 176768 7/23/2013 99,175.47 MEDICA EMPL.HEALTH & INS. BENEFIT 176769 7/23/2013 9,588.43 MEEKER WASHED SAND & GRAVEL RECEIVED NOT VOUCHERED 176770 7/23/2013 212.66 MEHR, BRIAN TRAVEL SCHOOL CONFERENCE 176771 7/23/2013 542.15 MENARDS HUTCHINSON REPAIR & MAINTENANCE SUPPLIES 176772 7/23/2013 12.00 MENDOZA, ANGELICA RECREATION ACTIVITY FEES 176773 7/23/2013 3,874.50 MESERB PROFESSIONAL SERVICES 176774 7/23/2013 447.75 MINI BIFF RENTALS 176775 7/23/2013 85.00 MINNESOTA ASSN OF CEMETERIES DUES & SUBSCRIPTIONS 176776 7/23/2013 1,300.97 MINNESOTA DEPT OF AGRICULTURE DUES & SUBSCRIPTIONS 176777 7/23/2013 161.17 MINNESOTA DEPT OF AGRICULTURE DUES & SUBSCRIPTIONS 176778 7/23/2013 10.30 MINNESOTA DEPT OF AGRICULTURE LICENSES & TAXES 176779 7/23/2013 39.00 MINNESOTA DEPT OF PUBLIC SAFET OPERATING SUPPLIES 176780 7/23/2013 216.00 MINNESOTA ELEVATOR INC CONTRACT REPAIR & MAINTENANCE 176781 7/23/2013 299.00 MINNESOTA LAWYER DUES & SUBSCRIPTIONS 176782 7/23/2013 499.00 MINNESOTA NURSERY & LANDSCAPE DUES & SUBSCRIPTIONS 176783 7/23/2013 500.00 MINNESOTA RURAL WATER ASSN TRAVEL SCHOOL CONFERENCE 176784 7/23/2013 180.00 MINNESOTA SPORTS FEDERATION TOURNMENT ENTRY FEE 176785 7/23/2013 339.00 MINNESOTA STATE BAR ASSOC DUES & SUBSCRIPTIONS 176786 7/23/2013 3,256.40 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 176787 7/23/2013 1,698.86 MN DEPT OF LABOR & INDUSTRY /CO BLDG PERMIT SURCHARGES 176788 7/23/2013 3,000.00 MOUNTAIN WEST, LLC RECEIVED NOT VOUCHERED 176789 7/23/2013 23.00 MPCA- FISCAL SERVICES LICENSES & TAXES 176790 7/23/2013 38.00 NAGY, SHERRY RECREATION ACTIVITY FEES 176791 7/23/2013 521.00 NBS CALIBRATIONS PROFESSIONAL SERVICES 176792 7/23/2013 368.00 NCPERS LIFE INS. ACCRUED LIFE INSURANCE 176793 7/23/2013 5.40 NEBRASKA DEPT OF AGRICULTURE DUES & SUBSCRIPTIONS 176794 7/23/2013 440.37 NEOPOST USA INC RENTALS 176795 7/23/2013 386.00 NEW FRANCE WINE COST OF SALES -WINE 176796 7/23/2013 410.00 NORTH SHORE ANALYTICAL INC OTHER CONTRACTUAL 176797 7/23/2013 655.09 NORTHERN STATES SUPPLY INC EQUIPMENT PARTS 176798 7/23/2013 6,000.00 NORTHLAND PCC INC CONTRACT REPAIR & MAINTENANCE 176799 7/23/2013 221.47 OENOPHILIA COST OF MIX & SOFT DRINKS 176800 7/23/2013 135.60 OFFICE OF ENTERPRISE TECHNOLOG COMMUNICATIONS 176801 7/23/2013 328.60 OLSON'S LOCKSMITH CONTRACT REPAIR & MAINTENANCE 176802 7/23/2013 67.51 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR 176803 7/23/2013 4,289.25 PEAT INC. PEAT 176804 7/23/2013 34.20 PERFECTION PACKAGING INC FOOD PRODUCTS - CONCESSION 176805 7/23/2013 84.75 PHILIPS HEALTHCARE OPERATING SUPPLIES 176806 7/23/2013 8,864.91 PHILLIPS WINE & SPIRITS COST OF SALES - LIQUOR 176807 7/23/2013 1,235.00 PLAISTED COMPANIES HUMMUS PEAT 176808 7/23/2013 138.00 POSTMASTER POSTAGE 176809 7/23/2013 476.93 PREMIER TECH PACKAGING RECEIVED NOT VOUCHERED 176810 7/23/2013 564.99 PRO AUTO MN INC. CENTRAL GARAGE REPAIR 176811 7/23/2013 361.00 PROTEC EQUIPMENT PARTS 176812 7/23/2013 499.50 QUALITY FLOW SYSTEMS CONTRACT REPAIR & MAINTENANCE 176813 7/23/2013 450.00 R & S INSPECTIONS, INC. HOUSING REHAB LOANS 176814 7/23/2013 551.75 RAINBOW TREECARE LANDSCAPE MATERIALS 176815 7/23/2013 13,801.46 RAPIDS PROCESS EQUIPMENT INC CONTRACT REPAIR & MAINTENANCE 176816 7/23/2013 51.20 RECREONICS SAFETY SUPPLIES 176817 7/23/2013 17,703.40 REINER ENTERPRISES, INC FREIGHT 176818 7/23/2013 732.56 RUNNING'S SUPPLY REPAIR & MAINTENANCE SUPPLIES 176819 7/23/2013 1,500.25 SCHMELING OIL CO MOTOR FUELS & LUBRICANTS 176820 7/23/2013 186.83 SCHWEISS BI -FOLD DOORS REPAIR & MAINTENANCE SUPPLIES 176821 7/23/2013 64.13 SCOTT'S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 176822 7/23/2013 175.00 SHAW, KAREN PROFESSIONAL SERVICES 176823 7/23/2013 33.45 SHRED -IT USA INC- MINNEAPOLIS CONTRACT REPAIR & MAINTENANCE 176824 7/23/2013 184.50 SOLARWINDS DATA PROC EQUIPMENT RENTAL 176825 7/23/2013 131.59 SORENSEN'S SALES & RENTALS REPAIR & MAINTENANCE SUPPLIES 176826 7/23/2013 4,197.03 SOUTHERN WINE & SPIRITS OF MN COST OF SALES - LIQUOR 176827 7/23/2013 125.30 SPS COMMERCE RECEIVED NOT VOUCHERED 176828 7/23/2013 676.06 STAPLES ADVANTAGE OPERATING SUPPLIES 176829 7/23/2013 3,789.24 STEVENS ENGINEERS INC BUILDINGS 176830 7/23/2013 894.28 STRATEGIC EQUIPMENT REPAIR & MAINTENANCE SUPPLIES 176831 7/23/2013 6,875.00 STREICH TRUCKING FREIGHT- IN 176832 7/23/2013 82.00 SUDHEIMER, PEGGY REFUND CLASS FEE 176833 7/23/2013 3,000.00 SW MINNESOTA SMALL BUS DEV CEN LOAN 176834 7/23/2013 150.00 T.I.P. INC RECEIVED NOT VOUCHERED 176835 7/23/2013 265.00 TACTICAL SOLUTIONS CONTRACT REPAIR & MAINTENANCE 176836 7/23/2013 91.77 TASC FLEX ADMINISTRATION FEE 176837 7/23/2013 115.35 TEETZEL, WILLIAM K PROFESSIONAL SERVICES 176838 7/23/2013 412.97 TESSMAN COMPANY OPERATING SUPPLIES 176839 7/23/2013 664.69 THOMSON REUTERS -WEST OPERATING SUPPLIES 176840 7/23/2013 250.06 TOMARK SPORTS REPAIR & MAINTENANCE SUPPLIES 176841 7/23/2013 336.78 TRANSPORTATION SAFETY APPAREL SAFETY SUPPLIES 176842 7/23/2013 137.25 TRI COUNTY WATER OPERATING SUPPLIES 176843 7/23/2013 587.81 TWO WAY COMMUNICATIONS INC COMMUNICATIONS 176844 7/23/2013 105.04 UNIFORMS UNLIMITED UNIFORMS & PERSONAL EQUIP 176845 7/23/2013 214.01 UNIVERSAL ATHLETIC SERVICE INC OPERATING SUPPLIES 176846 7/23/2013 82.50 US IDENTIFICATION MANUAL DUES & SUBSCRIPTIONS 176847 7/23/2013 52.94 USA BLUE BOOK MOTOR FUELS & LUBRICANTS 176848 7/23/2013 3,500.00 USAQUATICS BUILDINGS 176849 7/23/2013 259.59 VALLEY SALES OF HUTCHINSON AUTOMOTIVE REPAIR 176850 7/23/2013 39.81 VERIZON WIRELESS COMMUNICATIONS 176851 7/23/2013 139.90 VERTECH SOLUTIONS & SERVICES CONTRACT REPAIR & MAINTENANCE 176852 7/23/2013 6,521.62 VIKING BEER COST OF SALES -BEER 176853 7/23/2013 278.60 VIKING COCA COLA COST OF MIX & SOFT DRINKS 176854 7/23/2013 96.19 VIKING SIGN & GRAPHICS INC OFFICE SUPPLIES 176855 7/23/2013 150.00 VIK'S LANDSCAPING & LAWN CARE 176856 7/23/2013 135.00 VIVID IMAGE 176857 7/23/2013 3,322.03 WASTE MANAGEMENT OF WI -MN 176858 7/23/2013 49,277.87 WASTE MANAGEMENT OF WI -MN 176859 7/23/2013 9,000.00 WCCO -AM 176860 7/23/2013 125.00 WEGSCHEID, ADAM 176861 7/23/2013 60.00 WELCOME NEIGHBOR 176862 7/23/2013 1,825.89 WELLS FARGO 176863 7/23/2013 7,000.00 WESTAFER ENTERPRISES 176864 7/23/2013 150.00 WILLERS, KARL 176865 7/23/2013 702.65 WINE MERCHANTS INC 176866 7/23/2013 6,848.59 WIRTZ BEVERAGE MINNESOTA 176867 7/23/2013 237.31 WISCONSIN DEPT OF AGRICULTURE 176868 7/23/2013 371.47 WITTE SOD FARMS INC 176869 7/23/2013 2,899.41 WM MUELLER & SONS 176870 7/23/2013 23,193.03 WM MUELLER & SONS - SEPARATE C 176871 7/23/2013 1,925.00 WOOD'N PALLETS, INC. 176872 7/23/2013 7,485.60 WORK CONNECTION, THE 176873 7/23/2013 863.87 XEROX CORP 176874 7/23/2013 347.09 ZEP MANUFACTURING CO 727,745.01 Grand Total Payment Instrument Totals Check Total 727,745.01 Total Paymen 727,745.01 OPERATING SUPPLIES PRINTING & PUBLISHING OTHER CONTRACTUAL REFUSE - LANDFILL CHARGES ADVERTISING UNIFORMS & PERSONAL EQUIP ADVERTISING PERMITS OTHER CONTRACTUAL UNIFORMS & PERSONAL EQUIP COST OF SALES -WINE COST OF SALES - LIQUOR DUES & SUBSCRIPTIONS OPERATING SUPPLIES STREET MAINT.MATERIALS CONTRACT REPAIR & MAINTENANCE RECEIVED NOT VOUCHERED OTHER CONTRACTUAL COPY MACHINE EQUIPMENT PARTS ELECTRONIC FUNDS TRANSFERS 7/23/2013 TAX FUND PAYABLE TO AMOUNT FUEL HATS MN DEPT OF REV $1,728.24 SALES TAX LIQUOR MN DEPT OF REV $40,390.00 SALES TAX PRCE CIVIC ARENA MN DEPT OF REV $2,400.00 SALES & USE TAX WATER SEWER CREEKSIDE MN DEPT OF REV $14,282.00 $58,800.24 PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 07/12/2013 Period Ending Date: 07/06/2013 $64,606.58 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $12,077.34 MN Department of Revenue State Withholding Tax $39,284.65 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $2,291.23 TASC Employee Flex Spending Deductions $10,986.99 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 $1,280.00 ICMA Retirement Trust Employee Contributions - Deferred Comp $950.55 MN Child Support System Employee Deductions $2,002.27 MSRS - Health Savings Plan Employee Deductions to Health Savings Plan $135,344.61 Total Electronic Funds Transfer HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action WZ 7AL =- Agenda Item: Midwest Wireless /Verizon South Park Tower Lease /Franchise Agreement Department: PW /Eng LICENSE SECTION Meeting Date: 7/23/2013 Application Complete N/A Contact: Kent Exner /John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Telecommunications Carriers are continuously modifying their equipment to keep up with changing demands on their infrastructure. These modifications are necessary to continue to improve services to their customers. As more people transition away from landlines it was realized that peoples dependence on their cellular service require backup power be available to sustain operation of the network during power outages. Midwest Wireless /Verizon is proposing to add a backup power generator at the South Park Water Tower Site. Midwest Wireless /Verizon has been a tenant located on the South Park Water Tower since 1999. The generator addition requires them to have more leased area than is currently permitted in their active lease agreement. The additional rent was calculated by prorating the current lease value of the area leased on the ground. City staff will be available to answer any questions that you may have. We recommend approving the attached Lease /Franchise Agreement Amendment with Midwest Wireless/Verizon. BOARD ACTION REQUESTED: We recommend approving the attached Lease /Franchise Agreement Amendment with Midwest Wireless /Verizon. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: MN07 Hutchinson #252632 Generator KHG/12.18.12 FRANCHISE AND AMENDMENT NO. 2 TO SITE LEASE AGREEMENT This Amendment No. 2 to Site Lease Agreement (this "Amendment ") is made this 23rd day of July , 2013 , by and between THE CITY OF HUTCHINSON, with an address of 111 Hassan Street S, Hutchinson. MN 55350, hereinafter "Landlord ", and MIDWEST WIRELESS COMMUNICATIONS, LLC, a Delaware limited liability company, d /b /a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, hereinafter "Tenant ". Landlord and Tenant are at times collectively referred to hereinafter as the "Parties" or individually as the "Party ". WHEREAS, Landlord and Tenant entered into a Site Lease Agreement dated November 22, 2010, as amended by that certain Amendment No. 1 to Site Lease Agreement dated June 27, 2012 (the "Agreement "), whereby Tenant leased from Landlord certain space at 200 2nd Avenue Southwest, Hutchinson, Minnesota, as described in that certain Agreement; WHEREAS, Landlord and Tenant desire to amend the Agreement in order to allow Tenant to increase its lease area for the placement of a generator; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree to be legally bound to this Amendment as follows: 1. Exhibit B (Page 2 of 2) of the Agreement is hereby deleted in its entirety and replaced and superseded by and with Exhibit B -2, attached hereto and incorporated herein. As indicated in Exhibit B -2, Tenant shall hereby lease an additional 275 square feet for the placement of a generator. The total ground space leased by Tenant is depicted as a 25' x 33' lease area which includes the existing shelter and the proposed generator shown together on Exhibit B -2. 2. Section 1 Leased Premises of the Agreement is hereby amended to reflect Tenant's total lease area of 825 square feet. 3. Landlord and Tenant each hereby warrant to the other that the person (or persons) executing this Amendment on behalf of the warranting Party has the full right, power and authority to enter into and execute this Amendment on that Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Amendment. 4. Commencing on June 1, 2013, the annual rent payable by Tenant to Landlord shall be increased by $1,800.00 per year. The annual rent increase shall be prorated for any partial year and shall escalate in accordance with the Agreement. Prepared by: KHG Prepared on: 4.4.13 MN07 Hutchinson #252632 Generator KHG/12.18.12 5. A. The Landlord, in the County of McLeod, State of Minnesota, hereby grants to Tenant, a franchise to place and maintain a generator building as shown in Exhibit B -2, for the purpose of providing power to its antennae facilities on certain property owned by the City of Hutchinson at 200 2nd Avenue Southwest, Hutchinson. B.. The franchise is granted for the same time period as the lease agreement and any amendments thereto. The franchise fee is included in the amount paid as rent. C. Landlord reserves the right to enforce all city and other reasonable regulations concerning construction, operation and maintenance of the generator building facilities located along, over and under the public premises before mentioned and the placement of such facilities. D. Tenant shall indemnify and defend the Landlord, its boards, commissions, officers, agents and employees, in any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Tenant, its officers, agents or employees in the construction, operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise. E. At all times during the term of the franchise, Tenant will, at its own expense, maintain in force general comprehensive liability insurance, with an insurance company approved by the Landlord, with limits approved by the policies being for the protection of Landlord and its officers, agents and employees, against liability for loss or damage for bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise. F. Tenant shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. G. In the event that Tenant should cease to exist or should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the Landlord without any action on the part of the Landlord whatsoever. 6. All remaining provisions of the Agreement shall remain in full force and effect as to all other terms and conditions, and shall remain binding on the Parties hereto. 7. The Agreement and Amendment contain all agreements, promises or understandings between Landlord and Tenant and no verbal or oral agreements, promises or understandings shall be binding upon either the Landlord or Tenant in any dispute, controversy or proceeding at law, and any addition, variation or modification to the Agreement and Amendment shall be void and ineffective Prepared by: KHG 2 Prepared on: 4.4.13 MN07 Hutchinson #252632 Generator KHG/12.18.12 unless made in writing and signed by the Parties. In the event any provision of the Agreement and Amendment is found to be invalid or unenforceable, such a finding shall not affect the validity and enforceability of the remaining provisions of the Agreement and Amendment. (SIGNATURES TO FOLLOW) Prepared by: KHG 3 Prepared on: 4.4.13 MN07 Hutchinson #252632 Generator KHG/12.18.12 IN WITNESS WHEREOF, the Parties have set forth their hand and seal as of the date indicated above. (Seal) Witness Prepared by: KHG 4 Prepared on: 4.4.13 LANDLORD: THE CITY OF HUTCHINSON By: Name: Steven W. Cook Title: Mayor Date: 07/23/2013 Attest: By: _ Name Title: Date: Jeremy J. Carter City Administrator 07/23/2013 TENANT: MIDWEST WIRELESS COMMUNICATIONS L.L.C. d /b /a Verizon Wireless By: Alltel Communications, L.L.C., Its Sole Member By: Name: Lynn Ramsey Title: Area Vice President Network Date: -0 -0 CD m m m Q Q 0 07 p G) w Ai 3 :•;�, -- Fes` mil,► ` \Y� J�1 • � �� 1 ,T L•y� .� � A { r' \ OF /I I yw� sN k ~ rA-- A r/11AIt- C` yam er m.l . Jl JVI1� v l it. rI 161 A l I- IlJ!/i I ! 4J1 Y +ff r F�f r 1' ». r! r I f f w .TL ma S 1 rf f I 1 I � I � M r x -ATAL 91r lliM I' ."OD C3)MTY YNIFSOTi 4 iAE M Itff m W W N Z O 4 2 c 0 s 7 O 7 Ui T N G N �_ G) N N 7 1 N 00 N N 0 Ia¢� IMME -w T.- Q.- r.- r Lij l F� cs 4- 7�.6 bp -ATAL 91r lliM I' ."OD C3)MTY YNIFSOTi 4 iAE M Itff m W W N Z O 4 2 c 0 s 7 O 7 Ui T N G N �_ G) N N 7 1 N 00 N N 0 Ordinance No. 13 -0713 Publication No. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING MIDWEST WIRELESS COMMUNICATIONS, LLC, THE RIGHT TO PLACE A GENERATOR OVER AND ABOVE CERTAIN PROPERTY LOCATED AT THE SOUTH PARK WATER TOWER, 200 2ND AVENUE SW THE CITY OF HUTCHINSON ORDAINS: Section 1. The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafter referred to as Grantor, hereby grants to Midwest Wireless Communications, LLC, hereafter referred to as Grantee, a franchise to place a generator over and across public property to provide power to its antennae facilities on certain property owned by the City of Hutchinson at 200 2nd Avenue Southwest, Hutchinson, Minnesota. Section 2. The franchise is granted until December 2014. Grantee shall file a written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after the effective date of this ordinance. The franchise shall become effective only when the acceptance has been filed and evidence of general comprehensive and liability insurance provided for in this grant of franchise has been filed and approved. The franchise fee is included in the amount paid as rent by Grantee to Grantor for use of the property located at 200 2nd Avenue SW (South Park Water Tower). Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and maintenance of facilities located along, over and under the public premises before mentioned and the placement of such facilities. Section 4. Grantee shall indemnify and defend Grantor, its boards, commissions, officers, agents and employees, in any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Grantee, its officers, agents or employees in the construction, operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise. Section 5. At all times during the term of the franchise, Grantee will, at its own expense, maintain in force general comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the policies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise. Section 6. Grantee shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. Section 7. In the event Midwest Wireless Communications, LLC should cease to exist or should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever. Section 9. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by Midwest Wireless Communications, LLC. Adopted by the City Council, this 13d' day of August, 2013. Attest: City Administrator Published in the Hutchinson Leader on First Reading: July 23, 2013 Second Reading: August 13, 2013 Mayor HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Summary Review of 2012 Audited Financial Statements Department: Finance LICENSE SECTION Meeting Date: 7/23/2013 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Kyle Meyers Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND /EXPLANATION OFAGENDA ITEM: Kyle Meyers, partner of the accounting firm Abdo Eick & Meyers, will present a summary review of the City's 2012 audited financial statements. A more detailed review will take place at the 4pm council workshop prior to the council meeting. Summary financial statements will be printed in the July 24th edition of the Hutchinson Leader and an electronic copy of the audited financial report will be on the City website shortly after the 7/23/13 council meeting. A hard copy of the financial report is available to the public at the Hutchinson library as well as City Center. BOARD ACTION REQUESTED: Approve the 2012 audited financial report. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action WZ 7AL =- Agenda Item: Authorizing Resolution 14173 Declaring Intent on Bonding Reimbursement Department: Administration LICENSE SECTION Meeting Date: 7/23/2013 Application Complete N/A Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: On an annual basis, the City of Hutchinson administers street and capital improvement projects. Because the current business practice is to issue bonds in the fall once all final project costs are known the City of Hutchinson has to cash flow all or the majority of project related costs until that time. Because of this practice, IRS regulations require the city council approve a resolution declaring that intent. The proceeds from the tax - exempt bond issuance will then reimburses the City for those expenditures paid up -front as part of the project related costs. Please find attached Resolution 14173 "Declaring the Official Intent of the City of Hutchinson to Reimburse Certain Expenditures from the Proceeds of Bonds to be issued by the City ". If there are any questions on this requirement please feel free to contact me. Thanks BOARD ACTION REQUESTED: Approval of the Resolution 14173 Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON, MINNESOTA RESOLUTION NO. 14173 DECLARING THE OFFICIAL INTENT OF THE CITY OF HUTCHINSON TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150 -2 (the "Reimbursement Regulations ") providing that proceeds of tax- exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax- exempt bond; WHEREAS, the City has determined to make this declaration of official intent ( "Declaration ") to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON AS FOLLOWS: 1. The City proposes to undertake the public street and parking lot improvements, as detailed in the City's 2013 Capital Improvement Plan (the "Project")- 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of bonds to be sold in August 2013 and settled in September 2013, in an estimated maximum principal amount of $2,230,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150- 2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of $100,000 or 5 percent of the proceeds of an issue; or (c) "preliminary expenditures" up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term "preliminary expenditures" includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City's budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside pursuant to the City's budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Approved by the Hutchinson City Council this 23rd day of July, 2013. CITY OF HUTCHINSON, MINNESOTA Steven W. Cook, Mayor Attest: Jeremy J. Carter, City Administrator HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Authorizing Resolution 14174 Approving GreenCorp Personnel Department: Administration LICENSE SECTION Meeting Date: 7/23/2013 Application Complete N/A Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: This summer the City of Hutchinson Parks Department applied to the AmeriCorps program coordinated by the Minnesota Pollution Control Agency (MPCA) for a MN GreenCorps member to work for the City of Hutchinson Parks Department as a host site to provide Forestry Functions. The City of Hutchinson received notice a few weeks ago that the city was one of three cities to get accepted into the Green Infrastructure part of their program and would be receiving a member this fall upon approval of the resolution and subsequent signature of a host agreement. The MN Green Corps members are workers that are supplied to selected cities to provide a function that without them the entity would not be able to complete in an effective and efficient manner. The GreenCorp member, if approved by council, will be starting this September and will be working on Emerald Ash Borer awareness and species diversification projects. The Member will serve about 1700 hours or approximately 11 months with the City of Hutchinson and will work in strategic partnership with the University of Minnesota Morris (UMM). Funding for MN GreenCorp and its members is provided through a combination of resources from CNCS, Serve Minnesota, Federal Funding, and MPCA, along with local in -kind resources. Because of the outside funding sources there will be no cost from the City of Hutchinson to fund this member. The MN GreenCorp program has identified four overarching focus areas to meet program objectives: Energy Conservation, Waste Prevention and Recycling, Living Green and Green Infrastructure. This program is a value added program and will assist the City of Hutchinson in continuing to move forward in developing and implementing a sound Tree Diversification policy and identifying project related information as it pertain to the city forestry function, emerald ash borer, and the urban canopy. If you have any questions on approving this resolution or would like more details on the program please contact me at your convenience. Thanks BOARD ACTION REQUESTED: Approval of the Resolution 14174 Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14174 A RESOLUTION AUTHORIZING AGREEMENT WITH MPCA TO HOST AMERICORPS MEMBER FROM THE MINNESOTA GREENCORPS WHEREAS, the City of Hutchinson has applied to host an AmeriCorps member from the Minnesota GreenCorps, a program of the Minnesota Pollution Control Agency (MPCA), for the 2013- 2014 program year; and, WHEREAS, if the MPCA selects the City of Hutchinson, the organization is committed to implementing the proposed project as described in the host site application, and in accordance with pre - scoped position description; and, WHEREAS, the MPCA requires that the City of Hutchinson enter into a host site agreement with the MPCA that identifies the terms, conditions, roles and responsibilities; NOW, THEREFORE, BE IT RESOLVED THAT, the City of Hutchinson hereby agrees to enter into and sign a host site agreement with the MPCA to carry out the member activities specified therein and to comply with all of the terms, conditions, and matching provisions of the host site agreement and authorizes and directs Jeremy J. Carter, City Administrator, to sign the grant agreement on its behalf. Steven W. Cook, Mayor ATTEST: Jeremy Carter, City Administrator Resource Allocation Committee June 26, 2013 4:00 PM Hutchinson City Center Attendees: Steve Cook, Mary Christensen, Jeremy Carter, Andy Reid, Kent Exner (Committee Members) Dolf Moon, John Olson, Dan Jochum, Lee Miller (Contributing Participants) Meeting Minutes 1. 2013 Infrastructure Improvement Plan — finalize project costs and funding - Kent E. reviewed the final draft of the 2013 Infrastructure Improvement Plan worksheet. The major items of discussion included the proposed bonding amount being just under $1.5M, amount of the allocated assessments being about $1.36M, and the amounts of the utility funds' contributions. RAC members agreed that the 2013 infrastructure program appears to be aligned well in an effort to be below the maximum bonding target, to minimize project fees where possible, and to have appropriate contributions for the respective funding sources. 2. Historic Street Name Signs — review costs, scope and implementation - John O. reviewed the potential locations of historic street name sign installations and associated estimated costs relative to two alternatives. At this point, City staff will work to finalize the project scope /cost and forward this information to the City Council for their consideration in the near future. Currently, it is estimated that the delivery lead time is going to be 3 to 4 months. 3. Draft 2014 — 18 Infrastructure CIP — review Street, Stormwater, Water and Wastewater CIP items - Kent E. reviewed the draft 2014 -18 Capital Improvement Plan items for infrastructure related projects. 4. Other Discussion - Kent E. provided a brief update regarding the status of the potential TH 15- Downtown feasibility study, 2ad Ave bridge feasibility study and the utilization of the 2013 Infrastructure Maintenance Funds (approximately $250,000). CITY OF HUTCHINSON Financial Report - GENERAL FUND For the month of June, 2013 SUMMARY FINANCIAL STATEMENT: Category 2013 Month of June 2013 YTD June 2013 Budget 2013 Budget Balance % Used 2012 YTD June 2012 Approved Budget % Used REVENUES: 4005 Taxes & Penalties 2,270,334 2,280,855 4,491,446 2,210,591 50.8% 2,301,076 4,491,446 51.2% 4050 Licenses 1,253 38,736 53,500 (14,764) 72.4% 51,161 53,500 95.6% 4070 Permits 13,910 75,018 168,925 (93,907) 44.4% 87,026 158,950 54.8% 4100 Intergovernmental 47,827 125,580 1,215,663 1,090,083 10.3% 170,966 1,269,711 13.5% 4250 Charges for Services 100,505 714,026 1,855,706 1,141,680 38.5% 744,301 1,852,400 40.2% 4400 Fines & Forfeitures 4,539 32,262 45,000 12,738 71.7% 27,266 45,000 60.6% 4620 Investment Earnings - (11,019) 50,000 (61,019) -22.0% (16,922) 35,000 - 48.3% 4700 Reimbursements 19,915 287,966 438,752 150,786 65.6% 281,342 407,152 69.1% 4800 Transfers 3,297 445,111 2,170,346 1,725,235 20.5% 427,777 2,090,376 20.5% 4890 Surcharge 633 2,081 350 1,731 594.4% 3,335 350 953.0% 4998 1 Fund Balance - - 6,250 6,250 0.0% - 10,000 0.0% TOTAL REVENUES 2,462,213 3,990,617 10,495,938 6,505,321 38.0% 4,077,328 10,413,885 39.2% EXPENDITURES: 6105 Salaries & Fringe Benefits 546,854 3,211,011 6,778,616 3,567,605 47.4% 3,176,630 6,633,597 47.9% 6200 Supplies, Repairs, Maint. 83,475 363,503 783,840 420,337 46.4% 392,321 790,835 49.6% 6300 Contracted Services 57,303 188,606 462,233 273,627 40.8% 177,899 462,442 38.5% 6306 Services & Charges 111,117 878,841 2,162,199 1,283,358 40.6% 952,236 2,155,664 44.2% 6700 Transfers - 48,618 95,486 46,868 50.9% 46,825 92,750 50.5% 6900 Misc. Expenses 17,695 139,785 213,564 73,779 65.5% 130,715 278,597 46.9% 7000 Capital Outlay - 6,960 - (6,960) 100.0% 1,125 - 100.0% TOTAL EXPENDITURES 816,444 4,837,325 10 495 938 5,658,614 46.1 % 4 877 751 10,413,885 46.8% TOTAL REVENUE OVER UNDER EXPENDITURES 1,645,769 846 707 (846,707) 100.0% (800,423) 100.0% COMMENTS: REVENUES: Taxes & Penalties The first half tax settlement was received in June. Intergovernmental The LGA payment is expected in July, adding $722,000 to general fund operations. YTD 2013 revenue is down from last year due to the one time FEMA reimbursement in 2012 related to the July 2012 storm damage; $66,844. Charges for Services This revenue category is down from last year due to a change in timing of the hockey association's payments for ice time. In prior years we received a significant payment in the spring with final payment in December /January. Starting in 2013, payments will be made in October and December each year, matching up more closely with the association's registration dates. Investment Earnings YTD activity includes an accrual reversal related to the 12/31/2012 market value adjustment on our investments. This reversal causes a negative variance all year until we book the 12/31/2013 market value EXPENDITURES: Contracted Services YTD 2013 activity is up slightly over last year due in part to Senior Center trip expenses, which is offset by fee revenue. Services & Charges This expense category is down from last year primarily due to the late start on street maintenance. Last year's mild spring weather allowed for an earlier than normal start on the maintenance. EXPENDITURES BY DEPARTMENT: Department 2013 Month of June 2013 YTD June 2012 Approved Budget 2012 Budget Balance % Used 2012 YTD June 2011 Approved Budget % Used Mayor & City Council 2,587 19,400 52,016 32,616 37.3% 17,594 53,814 32.7% City Administrator 30,640 194,475 387,401 192,926 50.2% 185,189 380,851 48.6% Elections - 602 10,000 9,398 6.0% 1,274 16,000 8.0% Finance Department 22,654 177,826 371,863 194,037 47.8% 182,087 364,529 50.0% Motor Vehicle 20,339 149,467 275,413 125,946 54.3% 143,400 271,910 52.7% Assessing - - 61,911 61,911 - 61,911 Legal 17,872 110,776 252,067 141,291 43.9% 104,267 233,181 44.7% Planning 10,280 69,957 123,210 53,253 56.8% 72,250 117,320 61.6% Information Services 30,662 254,608 499,332 244,724 51.0% 189,391 452,687 41.8% Police Department 219,463 1,393,422 2,889,291 1,495,869 48.2% 1,458,515 2,989,966 48.8% Emergency Management 131 11,596 13,000 1,404 89.2% 8,756 13,025 67.2% Safety Committee - 7,970 13,450 5,480 59.3% 7,726 13,450 57.4% Fire Department 17,174 151,878 309,187 157,309 49.1% 133,983 296,805 45.1% Protective Inspections 15,075 91,789 208,350 116,561 44.1% 76,605 206,188 37.2% Engineering 37,968 249,775 465,756 215,981 53.6% 233,002 457,614 50.9% Streets & Alleys 136,684 592,168 1,369,738 777,570 43.2% 697,657 1,308,421 53.3% City Hall Building 4,889 45,733 121,096 75,363 37.8% 57,029 121,698 46.9% Park/Recreation Administration 15,713 107,176 213,127 105,951 50.3% 103,439 215,295 48.0% Recreation 26,515 125,954 217,610 91,656 57.9% 129,162 217,894 59.3% Senior Citizen Center 8,432 40,634 69,749 29,115 58.3% 32,565 67,635 48.1% Civic Arena 11,448 177,708 331,469 153,761 53.6% 156,752 326,765 48.0% Park Department 85,724 367,519 757,260 389,741 48.5% 367,578 721,981 50.9% Recreation Building & Pool 26,157 81,025 185,885 104,860 43.6% 86,218 187,760 45.9% Events Center 12,821 98,590 213,650 115,060 46.1% 96,169 231,225 41.6% Evergreen Building 389 8,655 11,880 3,225 72.9% 4,779 12,305 38.8% Library 42,136 95,622 190,937 95,315 50.1% 90,823 183,970 49.4% Cemetery 5,717 35,295 109,104 73,809 32.4% 44,985 108,400 41.5% Airport 2,854 34,424 99,700 65,276 34.5% 39,799 100,235 39.7% Revenue Department - - - - - 50,000 Unallocated General Expense 12,120 143,279 672,486 529,207 21.3% 156,756 631,050 24.8% TOTAL EXPENDITURES 816,444 4,837,325 10 495 938 51658,614 46.1 % 4,877,751 10 413 885 46.8% Department: Liquor Fund: ILiquor Category 2013 Month of June 2013 YTD June 2013 Budget 2013 Budget Balance % Used 2012 YTD June 2012 Approved Budget % Used REVENUES: Liquor 823,109 823,626 -0.1% 161,649 168,979 -4.3% Wine 4450 Sales - Liquor 161,649 823,109 1,803,150 980,041 45.6% 823,626 1,705,453 48.3% 4450 Sales - Wine 64,173 399,040 898,430 (499,390) 44.4% 375,889 852,364 44.1% 4450 Sales - Beer 282,213 1,210,606 2 709 500 (1,498,894) 44.7% 1,269,881 2 601 267 48.8% 4450 Sales - Other 3,712 9,182 14,470 (5,288) 63.5% 15,488 21 142 73.3% 4620 Investment Earnings 123 540 1,000 460 54.0% 875 1,000 87.5% 4700 Reimbursements 885 3,004 2,000 1,004 150.2% 2,211 2,000 110.6% 4998 Fund Balance - - - - 0.0% - - 0.0% TOTAL REVENUES 512,754 2 445 481 5,428,550 2 983 069 45.0% 2,487,970 5 183 226 48.0% Gross Margin % EXPENDITURES: 120,838 23.6% 600,230 24.6% 1,309,853 24.1% (709,623) 45.8% 651,609 26.2% 1,248,158 24.1% 52.2% 6800 Cost of Sales 390,909 1,841,707 4 115 697 2,273,990 44.7% 1,833,275 3 932 068 46.67% 6105 Salaries & Fringe Benefits 38,095 233,748 488,190 254,442 47.9% 232,619 436,850 53.2% 6200 Supplies, Repairs, Maint. 999 9,621 16,600 6 979 58.0% 5,419 16,600 32.6% 6306 Services & Charges 10,115 92,910 196,750 103,840 47.2% 81,721 186,500 43.8% 6600 Debt Service - - 128,295 128 295 0.0% - 128,035 0.0% 6700 Transfers 435,000 435,000 0.0% 420,000 0.0% 6898 IDepreciation - - 70,940 70,940 0.0% - 77,671 0.0% 6900 IMisc. Expenses 3,225 4,869 3,650 1,219 133.4% 944 3,650 25.9% 7000 lCapital Outlay - 14,098 31,000 16,902 45.5% - - 0.0% TOTAL EXPENDITURES 443,342 2,196,954 5 486 122 3,289,168 40.0% 2,153,979 5 201 374 41.4% TOTAL REVENUE OVER UNDER EXPENDITURES 69,411 248,527 (57,572) 306 099 - 431.7% 333,991 (18,148)1 - 1840.4% COMMENTS: REVENUES: Sales Total 2013 sales are down 1.7 %, with beer sales being down 4.7% due to the whether. The YTD customer count is down 4.2 %. YTD Customer Count 103,475 108,033 -4.2% 20,535 22,152 -7.3% Average Sale per Customer $ 23.60 $ 23.00 2.6% $ 24.92 $ 24.57 1.4% EXPENDITURES: Supplies, Repairs, Maint. YTD 2013 expense includes the scheduled replacement of 5 computers; $3,292. Services & Charges Credit card fees are up slightly due to last year's decision to no longer accept checks for payment. This was anticipated in the budget process. Capital Outlay We spent $7,823 to replace the interior and exterior light fixtures with more efficient LED fixtures. The cooler lighting fixtures were also replaced at a cost of $6,275. YTD YTD June June Sales: 2013 2012 Change 2013 2012 Change Liquor 823,109 823,626 -0.1% 161,649 168,979 -4.3% Wine 399,040 375,889 6.2% 64,173 61,932 3.6% Beer 1,210,606 1,269,881 -4.7% 282,213 306,146 -7.8% Other 9,182 15,488 - 40.7% 3,712 7,317 - 49.3% Total Sales 2,441,937 2,484,884 -1.7% 511,746 544,373 -6.0% YTD Customer Count 103,475 108,033 -4.2% 20,535 22,152 -7.3% Average Sale per Customer $ 23.60 $ 23.00 2.6% $ 24.92 $ 24.57 1.4% EXPENDITURES: Supplies, Repairs, Maint. YTD 2013 expense includes the scheduled replacement of 5 computers; $3,292. Services & Charges Credit card fees are up slightly due to last year's decision to no longer accept checks for payment. This was anticipated in the budget process. Capital Outlay We spent $7,823 to replace the interior and exterior light fixtures with more efficient LED fixtures. The cooler lighting fixtures were also replaced at a cost of $6,275. Department: Creekside Fund: lCompost Category 2013 Month of June 2013 YTD June 2013 Budget 2013 Budget Balance % Used 2012 YTD June 2012 Approved Budget % Used REVENUES: 4250 Charges for Services 2,150 10,315 129,000 118,685 8.0% 101,766 132,000 77.1% 4450 Sales - Bulk Product 46,856 103,639 200,000 (96,361) 51.8% 115,057 145,000 79.3% 4450 Sales - Bagged Product 264,864 1,911,412 1 982 500 (71,088) 96.4% 1,657,050 1 759 629 94.2% 4450 Sales - Other 8,208 78,097 52,250 25,847 149.5% 60,992 66 000 92.4% 4620 Investment Earnings (2,356) 2,500 (4,856) - 94.2% (1,949) - 100.0% 4700 Reimbursements 486 1,000 514 48.6% 852 1,000 85.2% 4998 Fund Balance - - - - 0.0% - - 0.0% TOTAL REVENUES 322,079 2 101 593 2,367,250 265 657 88.8% 1,933,768 2 103 629 91.9% Gross Margin % EXPENDITURES: 594 0.2% 548,744 26.2% 682,700 30.5% (133,956) 80.4% 582,263 31.8% 769,686 39.1% 75.6% 6800 Cost of Sales 319,335 1,544,404 1 552 050 7,646 99.5% 1,250,836 1 200 943 104.27% 6105 Salaries & Fringe Benefits 27,631 22,401 401,035 378,634 5.6% 213,880 478,605 44.7% 6200 Supplies, Repairs, Maint. 1,766 2,210 25,700 23,490 8.6% (7,656) 24,350 - 31.4% 6300 Contracted Services 20,803 93,798 134,000 40,202 70.0% 44,587 58,000 76.9% 6306 Services & Charges (16,331) 22,389 95 100 72,711 23.5% 30,315 117,800 25.7% 6700 Transfers - 90,775 90,775 0.0% - 57,800 0.0% 6898 IDepreciation (38,996) 56,680 95,676 - 68.8% (45,362) 70,290 - 64.5% 6900 IMisc. Expense 1,495 4,122 14,340 10,218 28.7% 5,963 8,500 70.2% 7000 lCapital Outlay - 11,691 10,833 858 107.9% - 125,000 0.0% TOTAL EXPENDITURES 299,437 1,662,017 2 380 513 718,496 69.8% 1,492,563 2 141 288 69.7% TOTAL REVENUE OVER UNDER EXPENDITURES 22,643 439,576 (13,263)1 452,839 1 -3314.3%1 441,205 (37,659)1 - 1171.6% COMMENTS: REVENUES: Charges for Services 2012 activity includes the sale of the debagger to St. Cloud; $45,000. Sales After a slow start to the season, the months of May and June shipped 400,000 more bags than in 2012, bringing YTD 2013 shipped bags to a 22.6% increase over YTD 2012. YTD YTD June June Sales: 2013 2012 Change % 2013 2012 Change % Bagged (# of bags) 1,743,372 1,422,299 321,073 22.6% 274,741 155,584 119,157 76.6% Bulk (yards) 6,721 9,175 (2,454) - 26.7% 2,882 2,712 170 6.3% EXPENDITURES: Contracted Services The majority of this expense category relates to temporary labor used in operations and marketing. Capital Outlay We made improvements to the bagging line as budgeted; $11,691. Department: Refuse Fund: Refuse Category 2013 Month of June 2013 YTD June 2013 Budget 2013 Budget Balance % Used 2012 YTD June 2012 Approved Budget % Used REVENUES: 4100 Intergovernmental 2,216 12,500 10,284 17.7% 26,000 0.0% 4250 Charges for Services - - - 0.0% - - 0.0% 4450 Sales 95,129 564,865 1,145,150 580 285 49.3% 565,025 1,143 100 49.4% 4620 Investment Earnings (2,180) 2,500 (4,680) - 87.2% (2,836) - 100.0% 4700 Reimbursements - 0.0% 0.0% 4998 Fund Balance - - - 0.0% - - 0.0% TOTAL REVENUES 95,129 564,900 1,160,150 595 250 48.7%1 562,189 1,169,100 48.1 % EXPENDITURES: 6800 Cost of Sales - - - - 0.0% - 5,000 0.077 6105 Salaries & Fringe Benefits 15,190 87,696 172,065 84,369 51.0% 87,711 148,420 59.1% 6200 Supplies, Repairs, Maint. 2,791 21,607 61,700 40,093 35.0% 8,680 68,700 12.6% 6300 Contracted Services 1,709 5,879 10,500 4,622 56.0% 4,206 15,000 70% 6306 Services & Charges 51,978 276,737 677 125 400,388 40.9% 269,630 658,417 41.0% 6600 Debt Service - 1,809 24,261 22,452 7.5% - - 0.0% 6700 Transfers - 55,000 55 000 0.0% 55,000 0.0% 6898 Depreciation - 132,510 132,510 0.0% 163,073 0.0% 6900 Misc. Expenses 54 54 100.0% 111 - 100.0% 7000 Capital Outla - 38,952 31,930 7,022 122.0% - - 0.0% TOTAL EXPENDITURES 71,668 432,734 1,165,091 732,357 37.1% 370,338 1,113,610 TOTAL REVENUE OVER UNDER EXPENDITURES 23,461 1 132,167 4 941 137J08 - 2674.9% 191_,8 51 55 490 345.7% COMMENTS: REVENUES: Intergovernmental YTD activity consists of the first quarter County reimbursement of the site monitor. Sales YTD sales are tracking slightly under budget. EXPENDITURES: Supplies, Repairs, Maint. This expense category reflects an increase due to an order for compost bags in early 2013; $12,093. Contracted Services This expense category consists of temporary labor used in the source separating process. Capital Outlay Repairs and a motor rebuild on the grinder cost $38,952. Department: Water Fund: lWater Category 2013 Month of June 2013 YTD June 2013 Budget 2013 Budget Balance % Used 2012 YTD June 2012 Approved Budget % Used REVENUES: -6.8% Total 210,005,000 223,510,361 (13,505,361) -6.0% 4005 Taxes 47,876 177,125 420,000 (242,875) 42.2% 162,708 252,000 64.6% 4020 Special Assessments - - - 0.0% - - 0.0% 4100 Intergovernmental - - - - 0.0% - - 0.0% 4250 Charges for Services 1,885 43,402 41,000 2,402 105.9% 27,844 32,000 87.0% 4450 Sales 194,584 1,051,095 2 347 500 (1,296,405) 44.8% 1,094,512 2 347 500 46.6% 4620 Investment Earnings (5,922) 20,000 (25,922) - 29.6% (7,257) 20,000 - 36.3% 4700 lReimbursements 40 1,550 64,148 (62,598) 2.4% 3,196 64,017 5.0% 4800 ITransfers - - 0.0% 30 - 100.0% 4998 1 Fund Balance - - - 0.0% - - 0.0% TOTAL REVENUES 244,385 1,267,250 2 892 648 (1,625,398) 43.8% 1,281,033 2 715 517 47.2% EXPENDITURES: 6105 Salaries & Fringe Benefits 34,630 211,602 465,623 254,021 45.4% 187,414 443,330 42.3% 6200 Supplies, Repairs, Maint. 7,139 44,897 128,825 83,928 34.9% 37,631 143,975 26.1% 6300 Contracted Services 614 15,519 40,000 24,481 38.8% 9,583 50,000 19.2% 6306 Services & Charges 7,780 187,141 400,470 213,329 46.7% 153,624 405,550 37.9% 6600 Debt Service - 189,910 1,218,848 1 028 938 15.6% 204,669 1,218,884 16.8% 6700 Transfers - 43,145 43,145 0.0% - 43,145 0.0% 6898 IDepreciation - 1,057,860 1 057 860 0.0% - 1,020,000 0.0% 6900 IMisc. Expenses 179 8,084 15,850 7,766 51.0% 7,599 15,850 47.9% 7000 lCapital Outlay - 313,090 250,000 (63,090) 125.2% - 250,000 0.0% TOTAL EXPENDITURES 50,341 970,243 3,620,621 2 650 378 26.8% 600,519 3,590,734 16.7% TOTAL REVENUE OVER UNDER EXPENDITURES 194 044 297,007 7,9731 1,024,980 -40.8%1 680,514 (875,217)1 - 77.8% COMMENTS: REVENUES: Taxes This income category consists of the Local Option Sales Tax through April and Excise Tax on auto sales through May. Sales Industrial consumption is down 6.8% from last year due mostly to 3M. Commercial and residential consumption are down 11 % and 4% respectively. YTD 2013 YTD 2012 Change % Residential 123,159,000 128,405,000 (5,246,000) -4.1% Commercial 37,473,000 42,124,000 (4,651,000) -11.0% Industrial 49,373,000 52,981,361 (3,608,361) -6.8% Total 210,005,000 223,510,361 (13,505,361) -6.0% EXPENDITURES: Services & Charges YTD 2013 expense is up from last year due to water main and hydrant repairs but we are still under budget to date. Capital Outlay The 2013 activity consists of the replacement of the RO Membranes. Department: Wastewater Fund: ISewer Category 2013 Month of June 2013 YTD June 2013 Budget 2013 Budget Balance % Used 2012 YTD June 2012 Approved Budget % Used REVENUES: $ 17,261 160.2% HTI 56,567 49,497 7,070 14.3% 194 4005 Taxes 65,962 244,448 580,000 (335,552) 42.1% 224,692 348,000 64.6% 4070 Permits - 6,800 7 000 200 97.1% 6,700 7,000 95.7% 4250 Charges for Services 447 447 7,000 (6,553) 6.4% 1,640 7,000 23.4% 4450 Sales 278,637 1.723,225 3,190,000 1 466 775 54.0% 1,719,763 3 190 000 53.9% 4620 Investment Earnings (8,529) 20,000 (28,529) -42.6% (10,878) 20,000 -54.4% 4700 Reimbursements 2,512 12,411 64,148 (51,737) 19.3% 9,056 64,017 14.1% 4800 ITransfers - - - 0.0% - - 0.0% 4998 1 Fund Balance - - - 0.0% - - 0.0% TOTAL REVENUES 347,559 1 978 802 3,868,148 1 889 346 51.2% 1,950,973 3 636 017 53.7% EXPENDITURES: 6105 Salaries & Fringe Benefits 49,310 277,315 653,623 376,308 42.4% 298,274 623,725 47.8% 6200 Supplies, Repairs, Maint. 11,555 93,940 254,700 160,760 36.9% 110,833 405,500 27.3% 6300 Contracted Services 7,931 53,930 120,000 66,070 44.9% 37,007 120,000 30.8% 6306 Services & Charges 24,741 296,444 717,960 421,516 41.3% 295,131 747,300 39.5% 6600 Debt Service - 428,822 1,528,394 1,099,572 28.1% 434,319 1,527,212 28.4% 6700 Transfers - 43,145 43,145 0.0% - 43,145 0.0% 6898 De reciation - - 1,647,960 1,647,960 0.0% - 1,620,000 0.0% 6900 JMisc. Expenses 365 15,251 27,000 11,749 56.5% 15,759 27,000 58.4% 7000 lCapital Outlay - - 350,000 350,000 0.0% - 350,000 0.0% TOTAL EXPENDITURES 93,902 1,165,702 5,342,782 4,177,080 21.8% 1,191,322 5,463,882 21.8% TOTAL REVENUE OVER UNDER EXPENDITURES 1 253,657 1 813,100 1 (1,474,634)1 2,287,734 -55.1% 759,651 1 (1,827,865)1 -41.6% COMMENTS: REVENUES: Taxes This income category consists of the Local Option Sales Tax through April and Excise Tax on auto sales through May. Sales Sewer sales for 2013 are tracking slightly overbudget due to Purified Renewable Energy hauling over 4,000,000 gallons of discharge water to the City's facility, resulting in additional revenue of $128,214. The City has a pre - petition bankruptcy claim of $87,214 regarding Purified Renewable Energy. The company is prepaying for post - bankruptcy service, however the pre - petition balance may be uncollectible. Flow revenue is down for Industrial and Commercial users while Residential is up nearly 1 %. Surcharge revenue is down substantially as Ohly addressed their issues in mid -2012. Industrial Users: YTD 2013 FLOW REVENUE YTD 2012 Change % YTD 2013 LOAD SURCHARGES YTD 2012 Change % 3M $ 78,502 $ 80,770 $ (2,268) -2.8% $ 28,037 $ 10,776 $ 17,261 160.2% HTI 56,567 49,497 7,070 14.3% 194 - 194 0.0% Ohly 96 080 111,895 (15,815) -14.1% 133 847 259,533 (125,686) -48.4% Total Industrial $ 231,149 $ 242,162 $ (11,013) -4.5% $ 162,078 $ 270,309 $ (108,231) -40.0% Residential $ 946,764 $ 940,282 $ 6,482 0.7% Commercial 1 242,156 253,854 11,698 -4.6% EXPENDITURES: Salaries & Fringe Benefits Wages are down this year due to a turnover in personnel. Department: Storm Water Fund: IStorm Water Utility Category 2013 Month of June 2013 YTD June 2013 Budget 2013 Budget Balance % Used 2012 YTD June 2012 Approved Budget % Used REVENUES: 4070 Permits 505 1,015 1,015 100.0% 570 100.0% 4100 Intergovernmental - - - - 0.0% - - 0.0% 4250 Charges for Services 175 250 1,000 750 25.0% 473 1,000 47.3% 4450 Sales 56,282 333,340 664,350 (331,010) 50.2% 311,344 613,250 50.8% 4620 Investment Earnings (2,350) 1,000 (3,350) - 235.0% (3,712) 1,000 - 371.2% 4700 Reimbursements 502 1,668 - 1,668 100.0% 914 - 100.0% 4998 1 Fund Balance - - - - 0.0% - - 0.0% TOTAL REVENUES 57,463 333,923 666,350 (332,427) 50.1% 309,588 615,250 50.3% EXPENDITURES: 6105 Salaries & Fringe Benefits 9,042 52,994 211,877 158,883 25.0% 53,751 205,610 26.1% 6200 Supplies, Repairs, Maint. 863 2,344 29,100 26,756 8.1%1 6,867 33,100 20.7% 6300 Contracted Services 332 332 20,000 19,668 1.7% 11,032 20,000 55.2% 6306 Services & Charges 9,253 32,453 124,300 91,847 26.1% 48,294 122,250 39.5% 6600 Debt Service - 129,667 198,857 69,190 65.2% 125,425 165,340 75.9% 6898 Depreciation - 113,060 113,060 0.0% - 90,000 0.0% 6900 IMisc. Expense 3,249 2 200 (1,049) 147.7% 110 2,200 5.0% 7000 lCapital Outlay - - 120,000 120,000 0.0% - 157,000 0.0% TOTAL EXPENDITURES 19,490 221,038 819,394 598,356 27.0% 245,480 795,500 30.9% TOTAL REVENUE OVER UNDER EXPENDITURES 37,973 112,885 (153,044) 265,929 - 73.8% 64,108 (180,250)1 35.6% *61J,IJ,IA0111 &'ia REVENUES: Sales Stormwater fees reflect an 8.3% increase for 2013 and is tracking to budget. EXPENDITURES: Misc. Expenses YTD 2013 includes the first half payment of ditch assessments to the County related to impovements made to ditch 18 northeast of town; $2,918. Department: HATS Fund: HATS Category 2013 Month of June 2013 YTD June 2013 Budget 2013 Budget Balance % Used 2012 YTD June 2012 Approved Budget % Used REVENUES: 4100 Intergovernmental 5,690 68,198 136,396 68,198 50.0% 65,576 131,150 50.0% 4250 Charges for Services 43,939 264,574 535,000 (270,426) 49.5% 215,102 480,000 44.8% 4620 Investment Earnings - 368 1,000 (1,368) -36.8% 399 1,000 -39.9% 4700 Reimbursements 18,415 2,000 16,415 920.8% 437 2,000 21.8% 4800 Transfers - 46,618 93,236 (46,618) 50.0% 44,825 89,650 50.0% TOTAL REVENUES 49,628 397,437 767,632 (370,195) 51.8%1 325,540 703,800 46.3% EXPENDITURES: 6105 Salaries & Fringe Benefits 5,481 33,869 52,665 18,796 64.3% 33,743 55,375 60.9% 6200 Supplies, Repairs, Maint. 57,194 258,058 535,000 276,943 48.2% 228,920 492,900 46.4% 6300 Contracted Services - - 1,105 1,105 0.0% - 1,455 1 0.0% 6306 Services & Charges 5,185 81,648 153,975 72,327 53.0% 59,651 154,000 38.7% 6900 Misc. Expenses - 35 77 42 45.5% - 70 0.0% 7000 Capital Outlay - 20,500 20,500 0.0% - - 0.0% TOTAL EXPENDITURES 67,861 373,609 763,322 389,713 48.9% 322,314 703,800 45.8% TOTAL REVENUE OVER UNDER EXPENDITURES (18,232)1 23,828 1 4,310 1 19,518 1 1 3,226 COMMENTS: 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 April and October. Charges for Services This income category consists of the fuel revenue from various governmental entities and City departments. Transfers This income category consists of the funding from the City and is paid semi - annually in April and October. EXPENDITURES: Supplies, Repairs, Maint. This expense category consists of the fuel purchased for use by various governmental entities and City departments. Services & Charges YTD 2013 expense is up from 2012 due to repairs made to the brine mixer. The expenses were covered by insurance with reimbursement reflected in the Reimbursement revenue line item. Executive summary as of June 30, 2013 Asset allocation summary Value on % of 06/30/2013 ($) portfolio A Cash 2,718,229.68 20.27 Cash 2,718,229.68 20.27 B Fixed Income 10,694,515.76 79.73 us 10,445,281.37 77.88 International 249,234.39 1.85 C Equity 0.00 0.00 D Commodities 0.00 0.00 E Non - Traditional 0.00 0.00 F Other 0.00 0.00 Total Portfolio $13,412,745.44 100% Balanced mutual funds are allocated in the 'Other' category Equity sector analysis Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile: Conservative Return Objective: Current Income Expected cash flow $ Thousands 53 44 35 27 0 A 18 9 B 0 Portfolio does not contain applicable holdings - exhibit intentionally left blank. Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2013 2014 2014 Taxable income Total expected cash flow: $151,795.29 Cash flows displayed account for known events such as maturities and mandatory puts. Credit quality of bond holdings Value on % of Effective credit rating Issues 06/30/2013 ($) port. A Aaa /AAA/AAA 5 4,339,037.24 40.57 B Aa /AA/AA 3 2,486,387.94 23.18 C A/A/A 0 0.00 0.00 D Baa /BBB /BBB 0 0.00 0.00 E Non - investment grade 0 0.00 0.00 F Certificate of deposit 17 3,869,090.58 36.25 G Not rated 0 0.00 0.00 Total 25 $10,694,515.76 100% F A B 44� Report created on: July 01, 2013 Page 1 of 3 Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile: Conservative Return Objective: Current Income summaryIncludes all fixed -rate securities in the selected porfolio. Average yields and durations exclude Structured Product, Pass - Through, Perpetual Preferred, and Foreign securities. as of June 30, 2013 Bond overview Investment type allocation Total quantity 10,730,000 Total market value $10,644,019.59 % of Total accrued interest $50,496.17 Tax - exempt / bond Total market value plus accrued interest $10,694,515.76 Investment type Taxable ($) deferred ($) Total ($) port. Total estimated annual bond interest $151,964.25 Certificates of deposit 3,869,090.58 0.00 3,869,090.58 36.18 Average coupon 1.45% Municipals 1,035,372.94 0.00 1,035,372.94 9.68 Average current yield 1.43% U.S. federal agencies 5,790,052.24 0.00 5,790,052.24 54.14 Average yield to maturity 0.99% Average yield to worst 0.99% Total $10,694,515.76 $0.00 $10,694,515.76 100% Average effective maturity 5.89 Credit quality of bond holdings Bond maturity schedule Value on % of $ Millions Effective credit rating Issues 06/30/2013 ($) port. 3.5 A Aaa/AAA/AAA 5 4,339,037.24 40.57 3.0 27.3% B Aa /AA/AA 3 2,486,387.94 23.18 F C A/A/A 0 0.00 0.00 A 2.5 22.2% D Baa/BBB /BBB 0 0.00 0.00 2.0 17.5% E Non - investment grade 0 0.00 0.00 1s.1% 1.5 F Certificate of deposit 17 3,869,090.58 36.25 B 9.4% G Not rated 0 0.00 0.00 1.0 4.6% Total 25 $10,694,515.76 100% 0.5 13% 2.1 0.0 00% % 0.0% 0.0% 0.0, 0.0% 0.0 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2024 + Other 0 Effective maturity schedule Cash, mutual funds and some preferred securities are not included. Report created on: July 01, 2013 Page 1 of 2 rt i i S as of June 30, 2013 Summary of Portfolio Holdings Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile: Conservative Return Objective: Current Income F Other 0.00 0.00 0.00 0.00% 0.00 0.00% 0.00% Total Portfolio $13,575,772.51 $13,412,745.44 Balanced mutual funds are allocated in the 'Other' category $- 163,027.07 - 1.20% $153,048.54 1.14% 100% B Report created on: July 01, 2013 Page 1 of 7 Value on Unrealized Unrealized Est. annual Current % of Cost basis ($) 06/30/2013 ($) gain /loss ($) gain /loss ( %) income ($) yield ( %) portfolio A Cash 2,718,229.68 2,718,229.68 0.00 0.00% 1,084.29 0.04% 20.27% Cash 2,718,229.68 2,718,229.68 0.00 0.00% 1,084.29 0.04% 20.27% B Fixed Income 10,857,542.83 10,694,515.76 - 163,027.07 - 1.50% 151,964.25 1.42% 79.73% Us 10,609,542.83 10,445,281.37 - 164,261.46 -1.55% 150,600.25 1.44% 77.88% International 248,000.00 249,234.39 1,234.39 0.50% 1,364.00 0.55% 1.85% C Equity 0.00 0.00 0.00 0.00% 0.00 0.00% �A 0.00% D Commodities 0.00 0.00 0.00 0.00% 0.00 0.00% 0.00% E Non - Traditional 0.00 0.00 0.00 0.00% 0.00 0.00% 0.00% F Other 0.00 0.00 0.00 0.00% 0.00 0.00% 0.00% Total Portfolio $13,575,772.51 $13,412,745.44 Balanced mutual funds are allocated in the 'Other' category $- 163,027.07 - 1.20% $153,048.54 1.14% 100% B Report created on: July 01, 2013 Page 1 of 7 o% UBS Portfolio holdings - as of June 30, 2013 (continued) Details of portfolio holdings Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile: Conservative Return Objective: Current Income % of Unrealized Unrealized Est. annual Current asset % of Cost basis ($) Market value ($) pain /loss ($) pain /loss M income ($) yield M class portfolio Total Portfolio $13,575,772.51 $13,412,745.44 $- 163,027.07 - 1.20% $153,048.54 1.14% 100% 100% Avg. % of purchase Price on Unrealized Unrealized Est. annual Current Fixed % of Fixed Income Quantity price ($) 06/30/2013 ($) Cost basis ($) Market value ($) gain /loss ($) gain /loss ( %) income ($) yield ( %) Income portfolio us Avg. ALLY BANK UT US RT 00.9500% MAT 248,000.00 02/09/15 FIXED RATE CD 100.00 AMERICAN EXPRESS C NY US RT 145,000.00 01.2500% MAT 08/09/16 FIXED RATE 1,207.67 CD purchase Price on BANK LEUMI NY US RT 00.8000% 249,000.00 Unrealized Unrealized Est. annual Current % of % of Cash Quantity price ($) 06/30/2013 ($) Cost basis ($) Market value ($) gain /loss ($) gain /loss ( %) income ($) yield ( %) Cash portfolio Cash LIES SELECT PRIME INSTITUTIONAL 2,710,729.66 1.00 1.00 2,710,729.66 2,710,729.66 0.00 0.00% 1,084.29 0.04% 99.72% 20.21% FUND USD CASH 7,500.02 1.00 1.00 7,500.02 7,500.02 0.00 0.00% 0.00 0.00% 0.28% 0.06% Total Cash $2,718,229.68 $2,718,229.68 $0.00 0.00% $1,084.29 0.04% 100.00% 20.27% Total Cash $2,718,229.68 $2,718,229.68 $0.00 0.00% $1,084.29 0.04% 100% 20.27% Avg. % of purchase Price on Unrealized Unrealized Est. annual Current Fixed % of Fixed Income Quantity price ($) 06/30/2013 ($) Cost basis ($) Market value ($) gain /loss ($) gain /loss ( %) income ($) yield ( %) Income portfolio us 100.86 ALLY BANK UT US RT 00.9500% MAT 248,000.00 02/09/15 FIXED RATE CD 100.00 AMERICAN EXPRESS C NY US RT 145,000.00 01.2500% MAT 08/09/16 FIXED RATE 1,207.67 CD 100.62 BANK LEUMI NY US RT 00.8000% 249,000.00 MAT 06/15/15 FIXED RATE CD 100.00 BANK OF CHINA NY US RT 00.6000% 249,000.00 MAT 06/13/14 FIXED RATE CD 716.98 BEAL BNK LAS VEGAS NV US RT 248,000.00 00.4500% MAT 08/07/13 FIXED RATE 248,984.36 CD 108.20 CHICAGO IL PROJ & TAX 2006B 500,000.00 OID99.702BE/R/ 5.300 010114 DTD - 18,128.61 032906 100.00 100.86 248,000.00 251,036.98 3,036.98 100.00 100.35 145,000.00 146,207.67 1,207.67 100.00 100.62 249,000.00 250,615.70 1,615.70 100.00 100.26 249,000.00 249,716.98 716.98 100.00 100.00 248,000.00 248,984.36 984.36 108.20 101.94 541,020.00 522,891.39 - 18,128.61 1.22% 2,356.00 0.94% 2.35% 1.87% 0.83% 1,812.50 1.25% 1.37% 1.09% 0.65% 1,992.00 0.80% 2.34% 1.87% 0.29% 1,494.00 0.60% 2.34% 1.86% 0.40% 1,116.00 0.45% 2.33% 1.86% - 3.35% 26,500.00 5.20% 4.89% 3.90% Report created on: July 01, 2013 Page 2 of 7 o% UBS Portfolio holdings - as of June 30, 2013 (continued) Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile: Conservative Return Objective: Current Income Avg. % of purchase Price on Unrealized Unrealized Est. annual Current Fixed % of Fixed Income Quantity price ($) 06/30/2013 ($) Cost basis ($) Market value ($) gain /loss ($) gain /loss ( %) income ($) yield ( %) Income portfolio us 100.61 CHICAGO IL PROJ & TAX 2006B 249,644.00 OID99.702BE/R/ 5.300 010114 DTD 0.66% 032906 1.04% DISCOVER BANK DE US RT 01.0500% 248,000.00 MAT 06/15/15 FIXED RATE CD 100.86 DORAL BANK PR RT 00.9500% MAT 248,000.00 02/10/15 FIXED RATE CD 1.22% ENERBANK UT US RT 01.3500% MAT 240,000.00 10/04/18 FIXED RATE CD 1.87% FED FARM CREDIT BANK 04.875 % 431,000.00 DUE 011717 DTD 010907 FC 232,689.99 07172007 -3.05% FHLB BOND STEP -UP 01.000 % DUE 1,000,000.00 060623 DTD 060613 FC 12062013 1.73% FHLB STEP UP CALL BOND 01.000 % 1,000,000.00 DUE 013023 DTD 013013 FC 498,969.96 07302013 1.21% FHLB STEP UP CALL BOND 01.000 % 1,000,000.00 DUE 013023 DTD 013013 FC 3.72% 07302013 96.33 FHLB STEP UP CALL BOND 01.000 % 950,000.00 DUE 092822 DTD 092812 FC -3.60% 03282013 1.04% FHLB STEP UP CALL BOND 01.000 % 1,500,000.00 DUE 122822 DTD 122812 FC 97.67 06282013 980,856.67 GE CAP BK UT US RT 01.1000% MAT 115,000.00 06/08/15 FIXED RATE CD 1.02% GE CAP BK UT US RT 01.7500% MAT 130,000.00 08/03/17 FIXED RATE CD 96.75 GE CAP RETAIL BK UT US RT 247,000.00 01.7500% MAT 08/03/17 FIXED RATE -2.83% CD 1.03% 100.00 100.61 248,000.00 249,644.00 1,644.00 0.66% 2,604.00 1.04% 2.33% 1.86% 100.00 100.86 248,000.00 251,026.55 3,026.55 1.22% 2,356.00 0.94% 2.35% 1.87% 100.00 96.86 240,000.00 232,689.99 - 7,310.01 -3.05% 3,240.00 1.39% 2.18% 1.73% 114.39 113.56 493,022.83 498,969.96 5,947.13 1.21% 21,011.25 4.29% 4.67% 3.72% 100.00 96.33 1,000,000.00 963,976.67 - 36,023.33 -3.60% 10,000.00 1.04% 9.01% 7.19% 100.00 97.67 1,000,000.00 980,856.67 - 19,143.33 -1.91% 10,000.00 1.02% 9.17% 7.31% 100.00 96.75 1,000,000.00 971,676.67 - 28,323.33 -2.83% 10,000.00 1.03% 9.09% 7.24% 100.00 96.96 950,000.00 923,557.28 - 26,442.72 -2.78% 9,500.00 1.03% 8.64% 6.89% 100.00 96.73 1,500,000.00 1,451,015.00 - 48,985.00 -3.27% 15,000.00 1.03% 13.57% 10.82% 100.00 100.31 115,000.00 115,423.52 423.52 0.37% 1,265.00 1.10% 1.08% 0.86% 100.00 100.69 130,000.00 131,059.05 1,059.05 0.81% 2,275.00 1.74% 1.23% 0.98% 100.00 100.69 247,000.00 250,433.30 3,433.30 1.39% 4,322.50 1.74% 2.34% 1.87% Report created on: July 01, 2013 Page 3 of 7 Portfolio holdings - as of June 30, 2013 (continued) Prepared for City of Hutchinson RP 38446 • City of Hutchinson • Business Service Account Risk profile: Conservative Return Objective: Current Income Total Us $10,609,542.83 $10,445,281.37 $- 164,261.46 -1.55% $150,600.25 1.44% 97.67% 77.88% International BANK OF BARODA NY US RT 248,000.00 100.00 100.01 248,000.00 249,234.39 1,234.39 0.50% 1,364.00 0.55% 2.33% 1.86% 00.5500% MAT 08/07/13 FIXED RATE CD Total International $248,000.00 $249,234.39 $1,234.39 0.50% $1,364.00 0.55% 2.33% 1.85% Total Fixed Income $10,857,542.83 $10,694,515.76 $- 163,027.07 - 1.50% $151,964.25 1.42% 100% 79.73% % of Unrealized Unrealized Est. annual Current asset % of Cost basis ($) Market value ($) gain /loss ($) gain /loss ( %) income ($) yield ( %) class portfolio Total Portfolio $13,575,772.51 $13,412,745.44 $- 163,027.07 -1.20 $153,048.54 1.14% 100% 100% Total accrued interest (included in market values): $50,496.17 Report created on: July 01, 2013 Page 4 of 7 Avg. % of purchase Price on Unrealized Unrealized Est. annual Current Fixed % of Fixed Income Quantity price ($) 06/30/2013 ($) Cost basis ($) Market value ($) gain /loss ($) gain /loss ( %) income ($) yield ( %) Income portfolio Us GOLDMAN SACHS BANK NY US RT 248,000.00 100.00 100.36 248,000.00 249,903.38 1,903.38 0.77% 2,604.00 1.05% 2.34% 1.86% 01.0500% MAT 02/09/15 FIXED RATE CD HUNTINGTON NATL BK OH US RT 249,000.00 100.00 100.44 249,000.00 250,187.42 1,187.42 0.48% 1,992.00 0.80% 2.34% 1.87% 00.8000% MAT 12/15/14 FIXED RATE CD MASSACHUSETTS DEPT TRANS TAX 500,000.00 104.90 101.30 524,500.00 512,481.56 - 12,018.44 -2.29% 12,040.00 2.38% 4.79% 3.82% SR B RV BE/R/ 2.408 010117 DTD 113011 SAFRA NATL BK NY US RT 00.8000% 249,000.00 100.00 100.56 249,000.00 251,131.17 2,131.17 0.86% 1,992.00 0.80% 2.35% 1.87% MAT 08/17/15 FIXED RATE CD SALLIE MAE BANK UT US RT 248,000.00 100.00 100.55 248,000.00 250,420.34 2,420.34 0.98% 2,728.00 1.09% 2.34% 1.87% 01.1000% MAT 08/10/15 FIXED RATE CD SUN NATL BK NJ US RT 01.0000% 240,000.00 100.00 100.50 240,000.00 241,375.76 1,375.76 0.57% 2,400.00 1.00% 2.26% 1.80% MAT 10/03/17 FIXED RATE CD Total Us $10,609,542.83 $10,445,281.37 $- 164,261.46 -1.55% $150,600.25 1.44% 97.67% 77.88% International BANK OF BARODA NY US RT 248,000.00 100.00 100.01 248,000.00 249,234.39 1,234.39 0.50% 1,364.00 0.55% 2.33% 1.86% 00.5500% MAT 08/07/13 FIXED RATE CD Total International $248,000.00 $249,234.39 $1,234.39 0.50% $1,364.00 0.55% 2.33% 1.85% Total Fixed Income $10,857,542.83 $10,694,515.76 $- 163,027.07 - 1.50% $151,964.25 1.42% 100% 79.73% % of Unrealized Unrealized Est. annual Current asset % of Cost basis ($) Market value ($) gain /loss ($) gain /loss ( %) income ($) yield ( %) class portfolio Total Portfolio $13,575,772.51 $13,412,745.44 $- 163,027.07 -1.20 $153,048.54 1.14% 100% 100% Total accrued interest (included in market values): $50,496.17 Report created on: July 01, 2013 Page 4 of 7 Planning and Zoning Monthly Activities Month/Year: June, 2013 Activity Number Additional Info. Number of Planning Applications Reviewed and 1 Site plan review - Maurice store Processed Number of Joint Planning Board Applications 3 Incomplete applications for Final plat, Reviewed and Processed rezoning and variance - Sioux Hills No. 6 Number of Planning Commission Meetings 1 Conditional use permit for church in R -4 district Number of Joint Planning Meetings 1 Preliminary plat Sioux Hills No. 6 Number of Zoning Reviews for Building Permits 11 (Compliance with Zoning Code) Number of Land Use Permits Issued -(Fences, 23 small sheds, patios, driveways, detached decks, etc.) Number of Zoning Review for Sign Permits 1 Number of Predevelopment /Pre Application 5 Storage unit - Conditional use permit Meetings Shed at 765 Lakewood Met with property owner regarding access off Underwood Ave. Walgreens Easement Met with property owner on rain garden Number of Misc. Planning Meetings 25 Met with Welcome Home management Met with Charter School Plan for upcoming Tax Forfeited property Century Water Tower screening Imagine Hutchinson group 3 - Management Team 3 - Facility meetings Generator discussion Demolition criteria Chicken ordinance Amend liquor ordinance Met with Evangelical Church Public Arts Center for the Arts Brochure Met with property owner on replatting 400 Lynn Rd Planning Commission Comprehensive Plan meeting Police Memorial meeting City Council Resource Allocation Met with new librarian Number of Zoning Enforcement Cases 2 Letter to property owner on garage, storage unit screening Number of Walk -In Customers Served 457 Site Visits 12 Mini Storage site visit, Pool Site Garage Site, Burns Manor Dollar Tree, Depot, City facility inspections, sign enforcement Planning, Zoning and Building Dept. Monthly Report June 2013 Building Department Permit Activities A Commercial Remodel 1300 Hwy 15 S - interior remodel $15,000; 135 3rd Ave SE - reroof $15,000; 25 Adams St SE - foundation for Depot $27,500 (25 Adams fee waived) B New Residential 1388 Bradford St SE Other Building Inspection Activities June 5th DLI Plumbing Plan Review Willmar Evergreen Meals served in June Week of 06/2012 06/2013 2012 Year to Date 2013 Year to Date Total Number Inspections 138 150 556 925 % of Inspections done within 24 HRS N/A 100.0% N/A 99.90% Total Number Plan Reviews 5 20 N/A 74 % of Plan Reviews completed in 21 Days N/A 100% N/A 100% 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) 0 138 0 $0.00 0 1 $38,400.00 Commercial ( additions /remodels) 8 $395,300.00 8 $86,399.00 A 38 $1,614,400.00 35 $915,601.00 Total Commercial 8 $395,300.00 8 $86,399.00 38 $1,614,400.00 36 $954,001.00 Industrial (new) 0 0 0 0 Industrial (additions /remodels) 0 $0.00 0 $0.00 2 $850,000.00 1 $20,000.00 Total Industrial 0 $0.00 0 $0.00 2 $850,000.00 1 $20,000.00 Fire Sprinkling 0 $0.00 0 $0.00 2 $1,600.00 4 $36,885.00 New Residential 2 $312,000.00 1 $222,000.00 B 3 $451,140.00 3 $631,133.00 Residential misc (additions /remodels) 17 $74,400.00 13 $95,050.00 65 $341,914.00 67 $592,050.00 Set Fee permits (reside, reroof, window) 91 87 287 222 HRA Permits 0 $0.00 1 11 $80,946.00 1 Subtotal Building Permits 118 $781,700.00 110 $403,449.00 408 $3,340,000.00 334 $2,234,069.00 Mechanical 12 $116,357.00 11 $31,675.00 69 $576,928.00 75 $222,048.00 HRA Mechanical 0 0 0 2 Plumbing 7 7 34 29 HRA Plumbing 0 0 0 1 Signs 12 $0.00 1 $0.00 58 $108.00 53 $679.00 Total Valuation 11491 $898,057.00 129 $435,124.00 15691 $3,917,036.00 494 $2,456,796.00 *Set fees not included in valuation A Commercial Remodel 1300 Hwy 15 S - interior remodel $15,000; 135 3rd Ave SE - reroof $15,000; 25 Adams St SE - foundation for Depot $27,500 (25 Adams fee waived) B New Residential 1388 Bradford St SE Other Building Inspection Activities June 5th DLI Plumbing Plan Review Willmar Evergreen Meals served in June Week of Hutchinson Park Towers Silver Lake Glencoe Brownton Stewart 6/1 -6/8 277 180 61 144 39 74 6/9 -6/15 233 226 112 232 37 97 6/16-6/221 266 171 65 160 42 65 6/23 -6/29 233 125 49 138 40 51 Total 1009 702 287 674 158 287 Total Meals served in May 3117 Dates Closed iRA Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, June 18, 2013, 7:00 AM Minutes CALL TO ORDER; Chairman Becky Felling called the meeting to order. Members Present: Gary Fortier, LaVonne Hansen, Joel Kraft and LouAnn Holmquist. Staff Present: Jean Ward and Judy Flemming. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON MAY 21, 2013 LaVonne Hansen moved to approve the Minutes of the regular board meeting as written. LouAnn Holmquist seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. Joel Kraft moved to approve the City Center General Fund payments of $42,076.29 for checks 8281 to 8301 and the May 2013 City Center Financial Statements. LouAnn Holmquist seconded and the motion carried unanimously. b. LouAnn Holmquist moved to approve the Park Towers payments of $46,723.06 for checks 12398 to 12431 and consideration of Park Towers April 2013 Financial Statements. LaVonne Hansen seconded and the motion carried unanimously. 4. PARK TOWERS UPDATE a. May 2013 Occupancy Report: 98% - currently filling 2 apartments from the waiting list. b. Joel Kraft moved to set the Park Towers 2014 Annual Plan Public Hearing for September 17, 2013. LouAnn Holmquist seconded and the motion carried unanimously. c. HUD Radon Notice 2013 -06 recommending radon testing on public housing lower level /ground floor apartments with mitigation of radon at 4.0 PCi /L or more. One apartment on the main floor was tested last fall and after a minor adjustment to the ventilation system the results were 2.7 pCi /L. The plan is to test all the remaining apartments on the main floor. d. LaVonne Hansen moved to award the contract to replace the old refrigerators with new Energy Star ones to the lowest bidder, Sears. LouAnn Holmquist seconded and the motion carried unanimously. e. Jean Ward reviewed with the Board the Park Towers June 2013 Newsletter. 5. UPDATE ON 907 LEWIS AVE Closed on the property on Friday, June 14'h. A lot of personal property was left behind. Gary Forcier suggested using the Sentence -to -Serve crew for the clean out of the home. 6. 2014 CITY CENTER DRAFT BUDGET Jean Ward reviewed with the Board the 2014 City Center Draft Budget, which followed the parameters set by the City. The draft budget included a slight increase in the tax levy amount for future projects. 7. CONSIDERATION OF APPLICATION TO MHFA IMPACT PROGRAM FOR 2014/2015 SCHOOL CONSTRUCTION PROJECT Jean Ward reviewed with the Board the Project Budget which compares to the 400 Lynn Road Project, but the resale value won't be as high because of the location of the proposed project. LaVonne Hansen moved to approve the submission of the application to MHFA Impact Program for the 2014/2015 school years and to change the MOU with the High School to state that the agreement would continue I June 18, 2013 Minutes Page l oft ,� !� �.' year to year until either party gives a 90 day written notice of termination. Joel Kraft seconded and the motion carried unanimously. 8. CONSIDERATION OF HRA IMPROVEMENT LOAN PROGRAM ADMINISTRATION FEE REVISION LouAnn Holmquist moved to approve to the revision to the administration fee for the HRA Improvement Loan Program to follow the MHFA administration fee structure. LaVonne Hansen seconded and the motion carried unanimously. 9. COMMUNICATIONS a. Award from MHFA commending Hutchinson HRAIJudy Flemming for "Silver Designation" as a Home Improvement Lender b. ReThink.org Why Housing Matters; look for Jean's "Why Housing Matters" in the news section of the HRA webpage. 10. ADJOURNMENT There being no other business, Chairman Becky Felling declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director LaVonne Hansen, Secretary /Treasurer Juice E8, 2013 Minutes Page 2 of 2 MINUTES Parks, Recreation & Community Education Advisory Board April 1, 2013 Members present were Jay Bartholomew, Lori Hornick- Lindell, Betsy Czmowski, Eric Opland, John Rodeberg, Troy Scotting and Mary Christensen Also present were Dolf Moon and Karen McKay. Guests present were Paul Pesavento and Nicole Anderson. The meeting was called to order at 5:15 pm. A motion was made by John Rodeberg and seconded by Troy Scotting to approve the minutes dated March 4, 2013. The board unanimously agreed. OLD BUSINESS Luce Line Trail - March 12 was Parks and Trails Legislative Day at the state capitol. A group of people from the area attended including Dolf Moon, Mary Christensen and Mayor Steve Cook from Hutchinson. Mayor Cook spoke to the Trail Fund group regarding possible state funding for the Luce Line Trail upgrade. If there is money available it would be included in a jobs bill and not a bonding bill since this is not a bonding year. Two - thirds of the Trail Fund group were supportive of the funding request being included in the jobs bill. Crow River Watershed - The next meeting of the Crow River Watershed will be May 8 at the Event Center from 6:30 — 8:00 pm. Members will be looking for input as to what the priorities are for improvements along the Crow River such as a fishing pier and water quality. There has been good community involvement. City staff involved include Dolf Moon, Kent Exner, John Paulson, and John Olson. Robert Hantge is chairing this group. Aquatic Center - Dolf Moon, Mary Haugen, and Jeremy Carter had a workshop with the City Council last week to discuss possible repairs to or replacement of the city pool. Two companies have submitted bids to conduct a study of the current condition of the pool and its infrastructure. In all likelihood, the City Council may appoint a committee to get input into this issue. Art Walk/Hutchinson Center for the Arts - Requests for Proposals were sent to several artists inviting them to display their works along the Crow River. Nine applications were received and will be reviewed. NEW BUSINESS Animal Waste Stations — Chamber Leadership Group - The Chamber Leadership Institute project group presented a project they are working on to make Hutchinson's parks more dog friendly by providing canine waste stations. They have begun to gather sponsors and funding to make this possible. They would like City staff and board members to designate problematic areas for up to 10 stations. City staff will install and maintain these stations. PRCE Advisory Board April 1, 2013 Page two Comp Plan/Facility Studies - Braun Intertec will be at the Parks Garage on April 4 to review the structural integrity, safety, roofing, siding, etc. of the building. They will make recommendations regarding repairs or replacement. Also on April 4, Stevens will be evaluating the refrigeration systems at the ice arenas and making recommendations. The City is hoping for the completion of the comprehensive facilities plan in June. Middle Level Activities - Since District 423 joined the Wright County conference three years ago, expenses associated with travel, coaches, and referees have increased due to an expanded schedule. Community Ed has been subsidizing these expenses for middle level activities at approximately $50,000 of the $100,000 total. Staff from the District and Dolf Moon have been exploring possible ways to make this more self - supporting and less reliant on the subsidy. May Registration - The annual registration for summer programs is Tuesday, May 7. Board members are invited to assist with registration and fee collection. United Way - To receive funding from the United Way, they are requiring applicants to have approval from their governing board. A motion was made by Mary Christensen, seconded by John Rodeberg and approved unanimously by the board to request $7,000 from the United Way. (Jay Bartholomew abstained from voting because he is on the United Way board). These funds will be used to support the Senior Newsletter, Adaptive Recreation, and youth scholarships. BOARD MEMBER ITEMS Bandstand West River - The bandshell arrived but was bent. The company will be compensating the City for the damage. The City will have it repaired and installed. Also, the grant application for $15,000 for the bandshell was awarded to the City. ADJOURNMENT The meeting was adjourned at 6:20 pm by a motion by Troy Scotting and seconded by Betsy Czmowski.