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AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 12, 2010 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Oak Heights Covenant Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF SEPTEMBER 28, 2010 Action — Motion to approve as presented 6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise ave een e egate to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13796 - RESOLUTION FOR ACTIVATION OF DEFERRED ASSESSMENTS 2. RESOLUTION NO. 13797 - RESOLUTION FOR PURCHASE (PLAYGROUND EQUIPMENT AT JAYCEE PARK) 3. ORDINANCE NO. 10 -0660 — AN ORDINANCE AMENDING ORDINANCE NO. 10 -0551 ESTABLISHING A CREEKSIDE RENEWABLES ADVISORY BOARD (SECOND READING AND ADOPTION FOR OCTOBER 12, 2010) 4. ORDINANCE NO. 10 -0661 — AN ORDINANCE AMENDING CITY CODE CHAPTER 154 — ZONING; SECTION 154.004, DEFINITIONS, SECTION 154.136, GENERAL REQUIREMENTS FOR SIGNS; SECTION 154.138, PROHIBITED SIGNS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF ISSUING TOBACCO LICENSE TO NORTHERN TIER RETAIL LLC (LICENSE TRANSFER FOR SUPERAMERICA) (c) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 5 — LETTING NO. 1, PROJECT NO. 09 -01 (ENGERY PARK IMPROVEMENTS PHASE I) (d) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. (a) ASSESSMENT HEARING FOR ADAMS STREET AND WASHINGTON AVENUE RECONSTRUCTION PROJECT (LETTING NO. 1, PROJECT NO. 10 -01) Action — Motion to reject — Motion to approve 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. A ways oo ing tow6rd the Juture, not monitoring past) CITY COUNCIL AGENDA — OCTOBER 12, 2010 (a) DISCUSSION OF SENIOR CENTER HOURS OF OPERATION — IRENE MATUSEK Action — 9. UNFINISHED BUSINESS (a) CONSIDERATION OF CONDITIONAL USE PERMIT, FINAL PLAT OF CROWN ADDITION AND SITE PLAN REVIEW TO ALLOW CONSTRUCTION OF A DAY CARE AND THERAPY FACILITY LOCATED IN THE CROWN ADDITION PLAT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13791) Action — Motion to reject — Motion to approve 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF SALE OF $4,825,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2010C (ADOPT RESOLUTION NO. 13798_j Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF DESIGNATING THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY AS A "LOCAL DEVELOPMENT ORGANIZATION (LDO) ", DE- FEDERALIZE FEDERAL MINNESOTA INVESTMENT FUND (MIF) DOLLARS AND AUTHORIZE TRANSFER OF SAID FUNDS TO THE HUTCHINSON EDA Action — Motion to reject — Motion to approve (c) DISCUSSION OF DANGEROUS DOG ORDINANCE — MAYOR COOK Action - (d) CONSIDERATION FOR APPROVAL OF SETTING DATE TO CANVASS ELECTION RESULTS Action — Motion to reject — Motion to approve (e) CONSIDERATION FOR APPROVAL OF SETTING GOAL - SETTING WORKSHOP WITH CITY ADMINISTRATOR AND CITY COUNCIL Action— Motion to reject— Motion to approve (fl CONSIDERATION FOR APPROVAL OF SETTING COUNCIL BUDGET WORKSHOPS TO REVIEW REFUSE /STORMWATER/CREEKSIDE FUNDS AND WATER/SEWER FUNDS Action — Motion to reject — Motion to approve 11. GOVERNANCE ( purpose: to assess past organizational performance, develop policy thatguides the organization and Councie the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) PUBLIC LIBRARY BOARD MINUTES FROM JULY 26, 2010 (b) FIRE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2010 (c) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JULY 12, 2010, AND AUGUST 17, 2010 (d) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM AUGUST 2, 2010 CITY COUNCIL AGENDA — OCTOBER 12, 2010 (e) LIQUOR HUTCH QUARTERLY REPORT FOR JULY— SEPTEMBER 2010 (f) CITY OF HUTCHINSON WEED NOTICE MONTHLY REPORT FOR SEPTEMBER 2010 12. MISCELLANEOUS 13. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 28, 2010 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Jim Haugen, Eric Yost, and Chad Czmowski. Member absent was Bill Arndt. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney. 2. INVOCATION — Rev. Paulus Pilgram, Faith Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF SEPTEMBER 14, 2010 Motion by Czmowski, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (Purpose: only for items reyuiringCouncil approval by external entities that would otherwise 57e een delegatea tot he City Administraur. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13788 — RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY 2. RESOLUTION NO. 13789 — RESOLUTION TO SELL AT AUCTION AND DONATION OF FORFEITED VEHICLES 3. ORDINANCE NO. 10 -0557 —AN ORDINANCE AMENDING CITY CODE CHAPTER 152— SHORELAND MANAGEMENT; SECTION 152.007, DEFINITIONS; SECTION 152.041, STORMWATER MANAGEMENT; SECTION 152.108, VARIANCES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 10 -0660 — AN ORDINANCE AMENDING ORDINANCE NO. 10 -0551 ESTABLISHING A CREEKSIDE RENEWABLES ADVISORY BOARD (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR OCTOBER 12, 2010) (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT AND SITE PLAN REVIEW TO ALLOW CONSTRUCTION OF SECOND ORDER POINT FOR THE DRIVE•THRU AT MCDONALD'S RESTAURANT LOCATED AT 1098 HWY 15 SOUTH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13790) 2. CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 154 —ZONING; SECTION 154.004, DEFINITIONS, SECTION 154.136, GENERAL REQUIREMENTS FOR SIGNS; SECTION 154.138, PROHIBITED SIGNS WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10 -0661 FOR OCTOBER 12, 2010) 5 &- CITY COUNCIL MINUTES —SEPTEMBER 28, 2010 CONSIDERATION OF CONDITIONAL USE PERMIT, FINAL PLAT OF CROWN ADDITION AND SITE PLAN REVIEW TO ALLOW CONSTRUCTION OF A DAY CARE AND THERAPY FACILITY LOCATED IN THE CROWN ADDITION PLAT WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13791) (c) APPOINTMENTS TO ADVISORY BOARDS ♦ CREEKSIDE RENEWABLES ADVISORY BOARD - BOB ANDERSON TO OCTOBER 2011 - MARION FILK AND BRANDON FRASER TO OCTOBER 2012 - BOB PETERSON, NATHAN WINTERS AND JULIE NEUBARTH TO OCTOBER 2013 • PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD - JOHN RODEBERG TO AUGUST 2013 (d) CONSIDERATION FOR APPROVAL OF EXTENDING LIFTING PARKING RESTRICTIONS ON SCHOOL ROAD SW BETWEEN ALAN STREET SW AND LAKEVIEW LANE SW (e) CONSIDERATION FOR APPROVAL OF SETTING HEARING ON PROPOSED REVISED ASSESSMENT (ADAMS STREET /WASHINGTON AVENUE PROJECT) (f) CONSIDERATION FOR APPROVAL OF CLOSING 1 AVENUE SE ON OCTOBER 30, 2010, FOR MONSTER MASH EVENT (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 6(a)3, 6(b2), 6(b)3, and 6(f) were pulled for further discussion. Motion by Haugen, second by Czmowski, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(a)3 had further discussion. Mayor Cook asked if in Section D, the subsections should contain language pertaining to "legal non - conformities" similar to how the language is written in the subsections of Section E. Dan Jochum, Planning Director, explained that with the "legal non - conformities" language contained in Section D, that the language covers the subsections within Section D. Marc Sebora, City Attorney, clarified that the way Section D is written is adequate. Motion by Yost, second by Czmowski, to approve Item 6(a)3. Motion carried unanimously. Item 6(b)2 had further discussion. Dan Jochum, Planning Director, explained that this ordinance includes regulations on, among other things, electronic signs. Currently, the City has electronic signs constructed that would be regulated with the proposed ordinance, however because these signs already exist, they will be grandfathered in. Mr. Jochum explained that staff has completed quite a bit of research on dynamic signs, which include flashing and electronic signs. Motion by Haugen, second by Yost, to approve Item 6(b)2. Motion carried unanimously. Item 6(b)3 had further discussion. Dan Jochum, Planning Director, noted that the applicant asked that this item be tabled. Motion by Czmowski, second by Yost, to table Item 6(b)3. Motion carried unanimously. Item 6(f) had further discussion. Mayor Cook clarified that this event is called the Spooky Sprint as opposed to the Monster Mash event as described. Motion by Czmowski, second by Cook, to approve Item 6(f). Motion carried unanimously. 7. PUBLIC HEARINGS — 6:00 P.M. 2 s�-) CITY COUNCIL MINUTES —SEPTEMBER 28, 2010 (a) DISCUSSION RELATING TO A PROJECT ON BEHALF OF HUTCHINSON SENIOR CARE SERVICES; GRANTING PRELIMINARY APPROVAL TO THE ISSUANCE OF REVENUE BONDS RELATING THEREIN (ADOPT RESOLUTION NO. 13 793) Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that the City of Hutchinson is performing as the conduit for issuance of revenue bonds for the Hutchinson Senior Care project. The City is proposed to be the issuer of short-term bonds for the project, as the hospital is unable to do so. With the City being the issuer, the hospital can perhaps see a more advantageous interest rate. Mr. Carter described the total financial package for the funding of the project that the hospital is seeking. Mayor Cook asked if the City needs to make this approval contingent on the hospital acquiring long -term financing through the USDA. Mr. Carter explained how both the short-term and long -term financing are really contingent on each other. Although the City is the issuer, the hospital will be the borrower. Motion by Yost, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Haugen, second by Cook, to approve granting preliminary approval to the issuance of revenue bonds relating to a project on behalf of Hutchinson Senior Care Services, adopting Resolution No. 13793. Motion carried unanimously. 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose. to provide Council with information necessary to cra 1 wise po icy. ways oo ing toward theluturenot monitoring past) (a) DISCUSSION OF HUTCHINSON CITY CODE CHAPTER 93 — DOGS AND CATS (DEE VAN KLEY) Dee Van Kley, 813 Greensview Court NW, postal carrier, presented before the Council. Ms. Van Kley spoke before the Council relating to the danger of dogs. Ms. Van Kley spoke about incidents of dog bites that postal carriers have encountered. Marc Sebora, City Attorney, spoke about the dangerous dog process and requirements. Daniel Christie, US Post Office supervisor, presented before the Council. Mr. Christie provided statistical information on dog attacks on postal workers. Mr. Christie asked for a more aggressive approach from the police department and animal control when dog attacks are reported. Rusty Merrill, postal worker, presented before the Council. Mr. Merrill spoke on a dog attack that has caused him to be out of work for six weeks. Molly Morefew, postal carrier, presented before the Council. Ms. Morefew explained that she was bit a few years ago and went to the hospital. She was informed that upon a hospital visit, a police report is mandatory. (b) DISCUSSION OF PROPOSED 2011 SCHOOL ROAD NW PROJECT STATUS Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that discussion has been held in the past of adding a trail on School Road NW, north of Rolling Oaks Lane. Mr. Exner further explained that federal aid documentation is being completed to obtain grant funding ($920,000) to complete this project next year. The project will include road reconstruction as well. Mr. Exner explained the configuration of the project to the Council. The project would be proposed with a 35 foot roadway with parking on the east side of the road and no parking on the west side. A 10 -foot trail would be constructed along with a five -foot grass boulevard on the west side. The boulevard is necessary due to the street being a state aid route. Discussion was held on the width of the trail and the width of the parking lane. Mayor Cook suggested asking Mn/DOT for a variance to decrease the trail width to 8 feet. Dan Jochum, Planning Director, spoke before the Council. Mr. Jochum explained that at the state planning conference last week, the issue of state standards was discussed. The state standards of street/trail /parking widths is being considered to be reduced. The Council was in consensus of the proposal presented by Mr. Exner. 3 5�') CITY COUNCIL MINUTES —SEPTEMBER 28, 2010 Motion by Czmowski, second by Cook, to approve the School Road NW project as proposed. Motion carried unanimously. (c) DISCUSSION OF WATER AND WASTEWATER ENTERPRISE FUND RATE STUDY STATUS Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that based on feedback received from Council Members after the last Council workshop, staff will continue to examine a fixed base rate structure, as well as rate increases across the board, and rate increases amongst commercial /industrial users. A breakout will also be completed on the charging out of wastewater usage. Staff is proposing holding another workshop on November 9, 2010. At the workshop, various options will be presented with the consequences of each. 9. UNFINISHED BUSINESS (a) UPDATE ON SEPTEMBER 27, 2010 POLICE COMMISSION REVIEW OF POLICE DEPARTMENT POSITIONS FOR LAYOFF AND CONSIDERATION OF LAYOFF RECOMMENDATION Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that at the last Council meeting, the Council directed the Police Commission to review again the two positions being considered for layoff at the police department. The issues the Police Commission reviewed at their meeting yesterday included individually reviewing the affected employees' service records and determining the definition of "position" within the City of Hutchinson Police Civil Services rules. This definition interpretation received the additional expertise of employment law Attorney Scott Lepak with the law firm of Bama, Guzy and Steffen. Mr. Lepak was recommended to the City by the League of Minnesota Cities. Upon review and discussion, the Police Commission voted to uphold the Police Chief s recommendation to layoff Community Services Officer, Bob Winslow, based on years of service. The Police Commission also voted to affirm that the position of Police Administrative Secretary is a unique position as defined by the City of Hutchinson, and, therefore, to move forward with the layoff of the Administrative Secretary, employee Lisa Grina. Mayor Cook noted that this affirms the process was followed appropriately by city staff. Motion by Czmowski, second by Cook, to accept the recommendations of the proposed layoffs by the Police Commission. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF PROPOSED CHANGES TO HUTCHINSON HEALTH CARE BYLAWS Mayor Cook noted that he has met with Dr. Steve Mulder with changes to the bylaws from both the City side and hospital side. Dr. Mulder is going to bring proposed changes to the hospital board. Mayor Cook asked that this item be tabled until further information from the Hutchinson Health Care Board. Motion by Czmowski, second by Haugen, to table this item. Motion carried unanimously. 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 13794 - A RESOLUTION APPROVING A REVISED PRE -SALE REPORT FOR $4,825,000 GENERAL OBLIGATION IMPROVEMENTS BONDS, SERIES 2010C AND CONSIDERATION FOR APPROVAL OF REFUNDING SERIES 2004A Jeremy Carter, Finance Director, presented before the Council. Mr. Carter explained that at the last Council meeting, the Council approved issuing bonds for street improvement projects. Since that time, a refinancing opportunity has surfaced to be rolled into the issuance of the bonds that were approved at the last meeting. With the refinancing, a total savings of almost $140,000 will be seen over the life of the bonds. Motion by Yost, second by Haugen, to approve revised pre -sale report for $4,825,000 general obligation improvement bonds, Series 2010C, adopting Resolution No. 13794. Motion carried unanimously. 11. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and Council the logistics of the Council. May include monitoring reports, poli.cy development and governance 5�J CITY COUNCIL MINUTES —SEPTEMBER 28, 2010 process items.) (a) PLANNING COMMISSION MINUTES FROM AUGUST 17, 2010 (b) JOINT PLANNING COMMISSION MINUTES FROM JUNE 16, 2010 (c) PLANNING /ZONINGBUILDING DEPARTMENT MONTHLY REPORT FOR JULYAND AUGUST 2010 12. MISCELLANEOUS (a) CONSIDERATION FOR APPROVAL OF FIRE DEPARTMENT VEHICLE RESTRUCTURING Jim Popp, Fire Department Batallion Chief, presented before the Council. Mr. Popp explained that due to future staff reductions of fire department personnel, the fire department is requesting to trade or sell the 1999 Chevrolet pick -up and the 2005 Dodge Dakota pick -up and replace them with one pre -owned sport utility vehicle or pick -up that would seat up to five adults, plus have equipment carrying capability. This would reduce the department's fleet. Motion by Czmowski, second by Haugen, to approve fire department vehicle restructuring. Motion carried unanimously. Jim Haugen — Council Member Haugen asked when a new comprehensive plan is slated to be cogpleted. Dan Jochum, Planning Director, explained that he is currently developing a work program and he is considering bringing the discussion to the Planning Commission at their next meeting, followed by a City Council workshop, with work beginning on the plan in early 2011. Kent Exner — Mr. Exner provided updates on the Adams Street project, with expected complete opening in November. Street lights on Washington Avenue have had issues with the project specif cations and the vendor. Photocells have had to be ordered to turn the lights off and on. The leaf vacuum service is scheduled to begin October 19, 2010. Mayor Cook — Mayor Cook also spoke on policy governance and how it should be utilized appropriately. He spoke specifically on expenditures that are budgeted and identifying items to be allocated for funding. He suggested setting $10,000 as an amount to be brought forward to the Council at workshops for their information. Council Member Czmowski suggested setting the dollar amount higher than $10,000. Jeremy Carter, Finance Director, spoke on line item details. Mr. Carter can determine the dollar amount threshold to bring forward to the Council. 13. ADJOURN Motion by Yost, second by Cook, to adjourn at 7:30 p.m. Motion carried unanimously ATTEST: Steven W. Cook Gary D. Plotz Mayor City Administrator RESOLUTION NO. 13796 RESOLUTION ACTIVATING DEFERRED ASSESSMENTS ASSESSMENT ROLL NOS. SA -5075B & SA -5079C WHEREAS, the following properties have assessments in deferred status SA Roll City PID County PID Interest Rate Original Assess Accrued Interest Activation Amount SA -50758 36- 117 -30 -09 -0020 23.036.3400 4.51% $2,058.00 $ 0.00 $2,058.00 SA -5079C 36- 117 -30 -13 -0250 23.036.1300 4.97% $ 870.00 $ 0.00 $ 870.00 SA -5079C 31- 117 -29 -15 -0040 23.056.2030 4.97% $2,074.20 $ 0.00 $2,074.20 AND WHEREAS, the afore- mentioned parcels have hooked up to city water, sewer, or both AND WHEREAS, the City proposes to activate said assessments, with payments over a 10 -year period at the original interest rate. AND WHERES, there is no accrued interest to be charged against the parcels, as said parcels were hooked -up by the City during the course of the project or a later project and should have been removed from deferral status althat time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed activation of said assessments is hereby approved, and shall constitute a special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period often (10) years, the first of the installments to be payable on or before the first Monday in January, 2011 and shall bear interest at the per annum rate shown above as set down by the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2009, until the 31 at day of December 2011. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2010; and owner may, at any time thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to the 31 at day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 12th day of October, 2008 Mayor, Steven W Cook City Administrator, Gary D Plotz (,a Ca�i COMPILED BY: P Vander Veen ASSESSMENT ROLL NO. 50758 LETTING NO. SIPROJECT NO. 0540 GOLF COURSE NO NWISTH AVE NW FROM SCHOOL RD NW TO KOUWE ST NW & GOLF COURSE RO NW EXTENSION TO TH T BY CONSTRUCTION OF LATERAL STORM SEWER A TREATMENT IMPROVEMENTS, TRUNK &!LATERAL SANITARY SEWER & SERVICES, TRUNK & LATERAL WATERMAIN & SERVICES, GRADING, GRAVEL BASE. CONCRETE CURB & GUTTER BITUMINOUS BASE. BITUMINOUS SURFACING, TRAILS. !LANDSCAPING. RESTORATION& APPURTENANCES $100.00 STREET COSTFF COMPUTED BY: P Vander Veen CHECKED BY: K EXner 1ST HEARING 02/22/2005 NUMBEROFYEARS: 10 2ND HEARING 07112/2005 INTEREST RATE: 4.61% ADOPTED: 7/12/2006 ACTIVATION OF DEFERRED ASSESSMENTS: 1011V2010 ACCT. AG, CSTYPIONO. NA91E &AOfNiE86 OF PROPERTY OWNER IEOAL fNBTCRIPTWN - ADDITION OR a11BpWilON FF STREET UTILITY SERVICE ASSESSMENT TOTAL AS11ESSMTBYT& TOTAL DEFERRED ASSESSMENT TOTAL ACTVE A559MWW WTEMT TfWI JW&M ..: TOTAL ACiNAT6D AStEiBYEHf COUHIT'PY)N0. 08 ] 117d 09ll 0 LOWELL&BONNIE SAUMET2 &DANIEL RAUMETZ 6&5 HM 7 WEST HUTCHINSON MN 55350 PROPERTYADDRES5: 595HWY7WEST TRACT 2W' X US' OF NE 114 BE 114 N OF HM SM SECTION 36117301.28 ACRES 168 $16,800.00 $2L6U0 - $18,969.00 $;0611.00 $16,900.00 $0.00 $&pOA0 23.036.3100 0 SON $a.m $DLO SBOO SON aA TOTAL - ASSESSMENT ROLL NO. 5075B -LETTING NO.81PROJECT NO. 06-10 Maw $1e,w6Lq I $2,M&.m $v,$5&.m ",mm $16ANA -, O COMPILED BW. PV.MwVmm ASSESSMENT ROLL N0. WiIC ,II �r� LETTING NO. 11PR0JECT NO. 08-01 I l y W rpa..m...o....appn . mw wror. TX 71s x.nown (cn.. I,a C awwwoor mm.w.Q SM.]) STREET DILUAGE OOSTIFRONT FOOT T: COMPUTED B P VM V. $1,2w1D sTREET..NAOE COSTIUN9 CHECKED er: RE.Mr $2,295.0O SEINER COSTNxrz NIIMBEROFVE : 10 $870.00 WNTERCOST)YNIT INTEREST RATE: I..]% w. w........ �, �.. aeN„ a .m.,um.,.wlw.a.mN„awws.rwnamrma .:n. a.l..r 18THEAWNO: 02NII20OB 1NO .IN.: .11. ADOPTED: 042512008 REVUIOx AOOVTEO: oeCVmoe AGTNA /W 0 Aaaan aW10 morelrt x.>s.KOOlan IrmMacaenw Rm .BC MIMI CRIMP mrwlaPTH Fr max 1.vr v.pux 'sacs r s4n1a nKEanaMr fiWlTn FK9csA. AMf{4BR rern : d00MR :. wM... 'MIM iaMS 9c1wG0 . rma., sw w,m,asw lXS.m,ssinv vmw.. Ieaw am oawm s1:u�® sASrs uaFVU u.w amal.mn s`.e.ew... «n u, u T TLL- AC]NATEOASSESSMENTROLL NO. W]9C- LETTWG NO. 11PROJECTNO..1 S2d04A0 $1,700.00 $28121.52 /LN� RESOLUTION NO. 13797 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR 1 Playground — JC $44,165.62 Replace existing Parks $20,000 Landscape Structures Park Playground that is paid for by 1 Wood Fiber failing monthly the Jaycees, I Playground inspections remaining Installation amount ($24,165.62) paid for out of the Park Land Dedication Fund The following items were authorized due to an emergency need: ITEM I COST I PURPOSE I DEPT. ( BUDGET I VENDOR Date Approved: Motion Made By: Seconded By: October 12, 2010 Resolution submitted for Council action by: Jeremy Carter Finance Director (pL a- Memorandum To: Mayor and Council From: Dolf Moon Director PRCE Date: 10/5/2010 Re: Riverside Playground 1 would recommend approving the resolution for purchase concerning the Riverside Park playground. The existing playground has outlived its useful life. The Hutchinson Jaycees have agreed to contribute $20,000 dollars towards the purchase. The balance of the project can be funded through the Public Sites Fund which had a $435,049 balance as of 12/31/2009. Thankyou for your consideration. 1 ORDINANCE NO. 10 -0660 AN ORDINANCE AMENDING ORDINANCE NO. 10 -0551 ESTABLISHING A RENEWABLES ADVISORY BOARD §31.32 CREEKSIDE RENEWABLES ADVISORY BOARD (A) Establishment. (1) A Creekside Renewables Advisory Board is hereby established. (B) Purpose. The purpose of the Creekside Renewables Advisory Board shall include but is not limited to: (1) Advising the City Council on topics concerning the operation of any city-owned organics processing facility and development for other renewable products to create a self - sustainable community; (2) Providing input to City staff and the City Council as to the continued use and environmental- friendly manufacturing of compost and other products that would otherwise be unused waste materials; (3) Developing Creekside facility into an energy - sustainable facility that will serve as a model throughout the community; (4) Acting as a liaison between the City of Hutchinson and those neighboring any process facility(ies) to address questions or concerns about Creekside's facility or processing operations; (C) Appointment and Board Composition (1) The Board shall be composed of si* seven members appointed by the Mayor, subject to ratification by the City Council. The members shall include one City Council Member and f+ve six citizen members. If possible, the citizen members should include persons representing the area surrounding the Creekside facility, the Hutchinson business/manufacturing sector and Creekside's customer base. (2) Citizen member positions shall be designated as "Member I", "Member 2 ", "Member 3 ", "Member 4 ", and "Member 5" and "Member 6 " . The initial appointment for Member I shall be for one year, Members 2 and 3 for two years, and Members 4, and 5 and 6 for three years. Thereafter, citizen members shall be appointed for three -year terms. The City Council Member shall serve a one year term and shall be appointed or reappointed annually. (3) No board member shall be appointed to more than two consecutive full terms, exclusive of the fulfillment of an unexpired term or partial term previously served, but shall again be eligible for service following a break in service of not less than one year. New appointees shall assume office on the first day of the first month following their appointment and qualification, or on the first day of the first month following the expiration of the prior term and qualification, whichever shall occur last. Provided, however, that all appointees to the board shall hold office until their successor is appointed and qualified. All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be only for the unexpired term. (D) (4) The City Administrator and Compost Facility Manager shall be ex- officio members. Duties. (1) The Creekside Renewables Advisory Board shall act in an advisory capacity to the City Council for the City and may make recommendations to the City Council regarding organics processing and other subjects related to the committee's stated purpose outlined above. Adopted by the City Council this Mayor Steven W. Cook day of 2010. ATTEST: Gary D. Plotz, City Administrator PUBLICATION NO. ORDINANCE NO. 10 -0661 AN ORDINANCE AMENDING CITY CODE CHAPTER 154 — ZONING; SECTION 154.004, DEFINITIONS; SECTION 154.136, SIGNS; SECTION 154.138, PROHIBITED SIGNS THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Notice of public hearing was duly given and publication of said hearing was duly made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend the City Code, Chapter 154, Zoning; Section 154.004, definitions of height of building or structure height and impervious surface and sign, dynamic signs Section 154.136, adding language regarding the general requirements for dynamic signs; Section 154.138, amending language in (A). ZONING § 154.004 DEFINITIONS Height of Buildine or Structure Height. The distance measured from the average existing ground elevation adjoining the building at the front building line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch -type roof, or to the average distance of the highest gable on a pitched or hip roof. References in this Section to building height shall include and mean structure height, and if the structure is other than a building the height shall be measured from said average existing ground elevation to the highest point of the structure. "Existing ground elevation" means the lowest of the following elevations: (1) the rg ade approved at the time of the subdivision creating the lot, (2) the grade at the time the building permit for a principal structure on the lot is applied for. Retaining, walls and/or artificial grades created by fill may not be used to modify the measured building height to circumvent the intent of the zoning ordinance. A survey may be required at the applicant's expense, to verify existing ground elevation and/or structure height, as directed by the Planning Director. Impervious Surface: The portion of the buildable parcel which has a covering which does not permit water to percolate into the natural soil and causes water to runoff the surface in greater quantities and at an increased rate of flow than existed prior to development. Impervious surface shall include, but not be limited to buildings all driveways and parking areas (whether paved or not), sidewalks, patios, tennis and basketball courts covered decks, porches, and other structures. Open, uncovered decks are not considered impervious for the u�pr oses of this ordinance if they have a pervious surface underneath and have at least 1/8 inch spacing between the deck floor boards. Eaves and overhangs are not calculated as impervious surface. The use of patio blocks, paver bricks or gravel material, as well as plastic landscape fabric are considered impervious surfaces as a majority of water runs -off the surface rather than being absorbed into natural soils underneath. Some exceptions to these conditions may include paver blocks or pavement systems engineered to be permeable with the underlying soils suitable for infiltration. A survey may be required at the applicant's expense, to verify existing ground elevation and/or structure height, as directed by the Planning Director. Dynamic Sign: A Sign or portion thereof that appears to have movement or that appears to change using any method other than a person physically removing and replacing the Sign or its components. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated (PL )(4 Ordinance #10 -0661 Section 154 —Dynamic Signs October 12, 2010 Page 2 display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. § 154.136 SIGNS GENERAL REQUIREMENTS (0) Dynamic Signs. Dynamic Signs may be permitted as follows: (1) Dynamic signs are allowed as Conditional Uses in the C- 1,C -2, 1 -1, and I -2 zoning districts. (2) Dynamic Signs are allowed in the C -4, C -5, GT, and I/C zoning districts. (3) Dynamic displays may occupy no more than 66% of the sign area. (4) Dynamic Signs are NOT allowed in the R -1, R -2, R -3, R-4, R -5, or C -3 zoning districts. (5) There shall be no dynamic signs within 100 feet of a residential zoning district. (6) There shall be no dynamic signs in the front setback area within 50 feet of a street intersection (as measured from intersecting right -of -way lines) except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. (7) No dynamic sign may be erected that, by reason of position, shape, movement or color interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. (8) Dynamic signs shall not cause direct glare, nor become a distraction. (9) Dynamic displays shall have a minimum display or loop time of 6 seconds before the display changes. (10) A display of time, date, or temperature must remain for at least the minimal allowable display time for the district in which it is located before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three (3) seconds. (11) The lamp wattage and luminance level in candelas per square meter (Nits) shall be provided at the time of permit application. (12) Dynamic signs shall not exceed 5,000 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise. CPL)� Ordinance k10 -0661 Section 154 — Dynamic Signs October 12, 2010 Page 3 (13) Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the City that it is not complying with the standards of this ordinance. § 154.138 PROHIBITED SIGNS. The following described signs are hereby declared a nuisance and shall be prohibited in all districts of the city: (A) Revolving and flashing signs. Signs which revolve or flash or consist of lights which revolve or flash ar allowed only if they conform to the dynamic signs section of this ordinance. (B) Signs imitating official signs. Signs which imitate an official traffic sign or signal or which contain the words "stop," "go slow," "caution," "danger," "warning" or similar words; (C) Confusing signs. Signs which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic- control device; or which hide from view any traffic or street sign or signal; or which obstruct the view in any direction at a street or road intersection; (D) Signs advertising terminated businesses. Business signs which advertise an activity, business or service no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, these signs may remain in place for not more than 60 days from the date of vacancy; (E) Right -of -way. Business or advertising signs which are placed on a municipal, county or state right -of -way; (F) Other temporary signs. Signs which are pasted or attached to utility poles, trees, fences or other signs. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this 12th day of October, 2010. Attest: Gary D. Plotz City Administrator Steven W. Cook Mayor (o(�q gM — 2 lip License Fee: $175.00 111 Hassan Street Southeast Hutchinson, MN 55350 320 587- 5151/Fax: 320 234 -4240 O eratin Year: city of Hutchinson Application for License to Sell Tobacco at Retail Soolicant Information Northern Tier Retail LLC L IrCr C' 203 - 244 -6550 37 Danbury Rd., Suite 204 Ridgefield, CT 06877 -4079 ety State Zip t L)IS 32 — S- St7 — CP, a� Business Phone Number Business Name I 1 () Cit St_ a`5 n � ) Address / JfJ/s- 11.1 -t v 1_ Contact 5 (O W -7— 4Z- 203 - 244 -6550 Northern Tier Retail LLC 37 Danbury Rd., Suite 204 Ridgefield, CT 06877 -4079 �� City State Zip Checklist The following items need to be completed and/or attached in order for the application to be processed: Application fee paid in full (check or money order): ❑ yes ❑ no Application completed in full and signed: ❑ yes ❑ no I hereby certify that I have completely filled out the entire above application, together and that the application is Print Dfate Title NOTE: No application will be forwarded to the City Council unless received two weeks prior to the regular Council meeting, filled out in completion, and jee payment is attached Building: ❑ approved — Notes: Fire ❑ approved ❑ denied Notes: Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: H:Licews AwlicaiionVtobxcod (4( r Al TO: Mayor & City Council FROM: Kent Earner, City Engineer RE: Consideration of Improvement Project Change Orders DATE: October 12, 2010 As construction has proceeded on the below listed projects there has been additional work, project scope revisions, or construction staging changes. All of these items have been identified and deemed necessary to satisfactorily complete the projects. The following Change Orders are proposed to address the specifically described items: • Change Order No. 5 — Letting No. I/Project No. 09 -01— Energy Park Improvements Phase 1 Documentation of the implementation of the bituminous placement incentive and disincentive per project specifications. This action results in a decrease to the contract payment amount of$3,023.76 We recommend that the above Change Orders be approved. cc: Gary Plotz, City Administrator ('0 (C-) CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 3 111 HASSAN ST SE, HUTCHINSON MN 55350 (320) 2344209 lust .I of 1 CHANGE ORDER NO. 7 Dated: 6!x2212010 c S S u Mathiowetz Construction 30676 Cc Rd 24 Sleepy Eye MN 56085 Phone: (507) 794-6953 FAX: (507) 794-3514 Letting N 1 Project No. 09-01 Project Location: Energy Park North EDA Grant or ID No. 06 -01 -05404 C m .42 e 2 Bituminous Incentive &Disincentive per 2380 Specifications. Venifiwtian lasing by City of Htuchinson IDuininck Bros IndBreun Intaretec. Item No. Spec. Ref. Item Name Unit QuantIty Price Amount . INCREASE ITEMS: INCENTIVE• 15 2360 TYPE SPWEA240B WEARING COURSE MIXTURE (2') DEPTH SY 12383.00 $7.00 4 LOTS OF 3,096 SY SY 3096.00 LOT 6 - DENSITY INCENTIVE PER SPECIFICATIONS (3.889 %) SY 120.40 $842.82 LOT 7 - DENSITY INCENTIVE PER SPECIFICATIONS (3.889 %) SY 120.40 $842.82 LOT 8 - DENSITY INCENTIVE PER SPECIFICATIONS (3.889 %) SY 120.40 $842.82 TOTAL INCENTIVE $2,528.46 DECREASE ITEMSr.'..... DISINCENTIVE: 15 2360 TYPE SPWEA240B WEARING COURSE MIXTURE (2') DEPTH SY 12383.000 $7.00 4 LOTS OF 3,096 SY SY 3096.000 LOT 6 - THICKNESS - DISINCENTIVE OF 10% PER SPECIFICATIONS SY - 309.600 ($2,167.20) LOT 9 - THICKNESS - DISINCENTIVE OF 7% PER SPECIFICATIONS SY - 216.720 ($1,517.04) LOT 9 - DENSITY DISINCENTIVE PER SPECIFICATIONS (1.9445 %) SY - 60.202 ($421.41) 16 2360 TYPE SPNWB230B NON - WEARING COURSE MIXTURE (2 1/2'1 DEPTH SY 12383.000 $7.30 5 LOTS OF 2,477 SY SY - 2477.000 LOT 2 - THICKNESS - DISINCENTIVE OF 8% PER SPECIFICATIONS SY - 198.160 ($1,448.57) TOTAL DISINCENTIVE ($5,562.22 TOTAL DECREASE. CHANGE ORDER NMr - : ,$3;033.7 NET INCREASE ($3,023.78) In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $4.709.15 (addy(deduat). An extension of -0- days shall be allowed for completion. ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONSIDEDUCTIONS THIS ADDMON1"d)UC=W TOTAL :1,805,921.10 .40 $3,023.78 $1,922,303.74 APPROVED: Co etor - Mathlowett Construction DATED• _ .. APPROVED: City of Hutchinson . Mayor: Steven W Cook DATED- 10112/2010 PROVED: City of Hut dnson . City Engineer: Kent Exner DATED: APPROVED: City of Hutchinson - City Administrator. Gary D Plotz DATED: 10/12/2010 US DEPARTMENT OF COMMERCE - ECONOMIC DEVELOPMENT ADMINISTRATION APPROVED: DATED: PRINTED NAME & TITLE: („ CG\ a0_.m CITY OF HUTCHINSON R55CKREG LOG22001VO Council Check Register 10/12/2010 Check# Ck Date AMOUNT Vendor/ Explanation Account Description 162221 10/12/2010 373.29 ACE HARDWARE RECEIVED NOTVOUCHERED 162222 10/12/2010 199.04 AEM MECHANICAL SERVICES, INC CONTRACT REPAIR & MAINTENANCE 162223 10/12/2010 53.44 ALPHA WIRELESS COMMUNICATIONS 162224 10/12/2010 111.60 AMERICAN BOTTLING CO COST OF MIX & SOFT DRINKS 162225 10/12/2010 264.53 AMERICAN MESSAGING COMMUNICATIONS 162226 10/12/2010 560.00 AMERICAN TEST CENTER CONTRACT REPAIR & MAINTENANCE 162227 10/12/2010 446.74 AMS COATING SYSTEMS INC. SIGNS & STRIPPING MATERIALS 162228 10/12/2010 15,878.00 ANDERSON CHEMICAL COMPANY CHEMICALS & PRODUCTS 162229 10/12/2010 84.12 ARAMARK UNIFORM SERVICE SHOP MATERIALS 162230 10/12/2010 71.68 ARCTICGLACIER PREMIUM ICE INC COSTOF MIX &SOFT DRINKS 162231 10/12/2010 1, 250.00 ASSE55CO ENVIRONMENTAL SERVICE PROFESSIONAL SERVICES 162232 10/12/2010 363.75 ATM NETWORK CONTRACT REPAIR & MAINTENANCE 162233 10/12/2010 500.18 AUTO VALUE- GLENCOE EQUIPMENT PARTS 162234 10/12/2010 40.00 AWWA - MINNESOTA SECTION TRAVEL SCHOOL CONFERENCE 162235 10/12/2010 275.00 B & C PLUMBING & HEATING INC REPAIR & MAINTENANCE SUPPLIES 162236 10/12/2010 1,561.66 BACHMAN'S LANDSCAPE MATERIALS 162237 10/12/2010 152.06 BERNICK'S FOOD SERVICE COST OF MIX & SOFT DRINKS 162238 10/12/2010 10.56 BERRY, AARON EQUIPMENT PARTS 162239 10/12/2010 12,800.00 BLUE VALLEY SOD RECEIVED NOT VOUCHERED 162240 10/1212010 5.00 BOCK, CINDY TRAVEL SCHOOL CONFERENCE 162241 10/12/2010 85.00 BOYUM'S PIANO SERVICE REPAIR & MAINTENANCE SUPPLIES 162242 10/12/2010 28,500.00 BRAD KIECKER SALES &DIST MACHINERY & EQUIPMENT 162243 10/12/2010 1,471.21 BRANDON TIRE CO CENTRAL GARAGE REPAIR 162244 10/12/2010 1,009.00 BRAUN INTERTEC CORP PROFESSIONAL SERVICES 162245 10/12/2010 147.16 BRAY SALES MINNEAPOLIS EQUIPMENT PARTS 162246 10/12/2010 3,872.50 BRYAN STRETCH TRUCKING FREIGHT- IN 162247 10/12/2010 27.77 BUSHMAN, RAQUEL OPERATING SUPPLIES 162248 10/12/2010 2,030.59BUSINESSWARE SOLUTIONS OPERATING SUPPLIES 162249 10/12/2010 11,817.80 & L DISTRIBUTING COST OF SALES -BEER 162250 10/12/2010 600.00 CARLOS CREEK WINERY COST OF SALES -WINE 162251 10/12/2010 131.00 CHEF CRAIG'S CAFE & CATERERS RENTS -BLDGS OTHER 162252 10/12/2010 53.44 CMK SERVICES LLC OTHER CONTRACTUAL 162253 10/12/2010 369.54 COMDATA CORPORATION OPERATING SUPPLIES 162254 10/12/2010 143.75 CONCEPT FINANCIAL GROUP CENTRAL GARAGE REPAIR 162255 10/12/2010 269.03 CONTINENTAL RESEARCH CORP CLEANING SUPPLIES 162256 10/12/2010 25.27 CREEKSIDE SOILS OPERATING SUPPLIES 162257 10/12/2010 1,014.61 CROW RIVER AUTO &TRUCK REPAIR CENTRAL GARAGE REPAIR 162258 10/12/2010 130.00 CROW RIVER GLASS &SIGNS CENTRAL GARAGE REPAIR 162259 10/12/2010 2,320.47 DAY DISTRIBUTING COST OF SALES -BEER 162260 10/12/2010 2,732.79 DPC INDUSTRIES INC CHEMICALS & PRODUCTS 162261 10/12/2010 117.86 DPMS PANTHER ARMS EQUIPMENT PARTS 162262 1011212010 123.39 DROP -N -GO SHIPPING, INC RECEIVED NOT VOUCHERED 162263 10/12/2010 1,021.76 E2 ELECTRICAL SERVICES INC CONTRACT REPAIR & MAINTENANCE 162264 10/12/2010 125.04 EC0LAB PEST EUM RECEIVED NOT VOUCHERED 162265 10/12/2010 124.18 ECONO FOODS MEETINGS 162266 10/12/2010 362.00 ELECTRO WATCHMAN CONTRACT REPAIR & MAINTENANCE 162267 10/12/2010 15.00 EMANS, BRAD TRAVEL SCHOOL CONFERENCE 162268 10/12/2010 20.00 EVENSON, LINDA RECREATION ACTIVITY FEES 162269 10/12/2010 157.00 EXTREME BEVERAGE LLC COST OF MIX & SOFT DRINKS 162270 10/12/2010 188.20 FARM -RITE EQUIPMENT CENTRAL GARAGE REPAIR 162271 10/12/2010 876.31 FARMER BROTHERS COFFEE FOOD PRODUCTS- CONCESSION 162272 10/12/2010 1,903.25 FENSKE'S STUMP REMOVAL CONTRACT REPAIR & MAINTENANCE 162273 10/12/2010 146.00 FIRST CHOICE FOOD & BEVERAGE S OPERATING SUPPLIES 162274 10/12/2010 23.50 FOSTER MECHANICAL REPAIR& MAINTENANCE SUPPLIES 162275 10/12/2010 110.91 G & K SERVICES UNIFORMS & PERSONAL EQUIP 162276 10/12/2010 332.09 GRAINGER REPAIR & MAINTENANCE SUPPLIES 162277 10/12/2010 697.50 GRAND PERE WINES INC COST OF SALES -WINE 162278 10/12/2010 197.72 GRANIT BRONZ IMPROV OTHER THAN BLDGS 162279 10/12/2010 1,874.38 GREEN LIGHTS RECYCLING OPERATING SUPPLIES 162280 10/12/2010 1,077.31 HACH COMPANY TRAVEL SCHOOL CONFERENCE 162281 10/12/2010 185.00 HALTER, JOAN RENTS -BLDGS OTHER 162282 10/12/2010 30.00 HANSEN DEMOLITION LANDFILL WASTEWATER TREATMENT 162283 10/12/2010 342.00 HANSEN DIST OF SLEEPY EYE COST OF SALES -BEER l 162284 10/12/2010 45.00 HANSEN GRAVEL WASTEWATER TREATMENT 162285 10/12/2010 5,415.00 HANSON & VASEK CONSTRUCTION CONTRACT REPAIR & MAINTENANCE 162286 10/12/2010 188.16 HED, MARILYN MISCELLANEOUS 162287 10/12/2010 943.70 HEWLETT- PACKARD CO DUE FROM UTILITIES 162288 10/12/2010 470.18 HILLYARD /HUTCHINSON CLEANING SUPPLIES 162289 10/12/2010 259.00 HIERPECONTRACTING CONTRACT REPAIR & MAINTENANCE 162290 10/12/2010 417.50 HOLT MOTORS INC CENTRAL GARAGE REPAIR 162291 10/12/2010 416.81 HOMESOURCE STORE, THE OPERATING SUPPLIES 162292 10/12/2010 64.13 HUTCH AUTO & TRUCK PARTS CENTRAL GARAGE REPAIR 162293 10/12/2010 63.32 HUTCH CAFE OPERATING SUPPLIES 162294 10/12/2010 2,144.00 HUTCHINSON AREA HEALTH CARE COMMON AREA MAINTENANCE 162295 10/12/2010 1,329.12 HUTCHINSON CO -OP MOTOR FUELS &LUBRICANTS 162296 10/12/2010 68,050.00 HUTCHINSON FIRE DEPT RELIEF AS FIRE RELIEF STATE CONTI 162297 10/12/2010 2,515.63 HUTCHINSON LEADER ADVERTISING 162298 10/12/2010 128.00 HUTCHINSON MEDICAL CENTER MISCELLANEOUS 162299 10/12/2010 116,553.72 HUTCHINSON UTILITIES STREET LIGHTING UTILITIES 162300 10/12/2010 1,006.42 HUTCHINSON WHOLESALE MOTOR FUELS & LUBRICANTS 162301 10/12/2010 1,000.00 HUTCHINSON, CITY OF MISCELLANEOUS 162302 10112/2010 1,587.09 INTECTURAL OPERATING SUPPLIES 162303 10/12/2010 418.74 INTERSTATE BATTERY SYSTEM MINN EQUIPMENT PARTS 162304 10/12/2010 300.00 J & K CONCRETE SAWING & CORING CONTRACT REPAIR & MAINTENANCE 162305 10/12/2010 3,624.86 JACK'S UNIFORMS & EQUIPMENT UNIFORMS & PERSONAL EQUIP 162306 10/12/2010 13.68 JAKES, MARCUS OPERATING SUPPLIES 162307 10/12/2010 483.53 JEFF'S ELECTRIC RECEIVED NOT VOUCHERED 162308 10/12/2010 42.75 JIM'S GARDEN SERVICE OTHER CONTRACTUAL 162309 10/12/2010 833.63 JOANIE'S CATERING MISCELLANEOUS 162310 10/12/2010 173.30 JOCHUM, DANIEL TRAVEL SCHOOL CONFERENCE 162311 10/12/2010 43,907.95 JOHNSON BROTHERS LIQUOR CO. COST OF SALES -WINE 162312 10/12/2010 75.40 JOHNSON, DOUGLAS W MEETINGS 162313 10/12/2010 200.00 JORDAHL, JIM OPERATING SUPPLIES 162314 10/12/2010 11,815.50JUUL CONTRACTING CO RECEIVED NOT VOUCHERED 162315 10/12/2010 48.84 KASH UBA, ROBIN OPERATING SUPPLIES 162316 10/12/2010 798.00 KDUZ KARP RADIO ADVERTISING 162317 10/12/2010 28.00 KIMBALL, TRYPHENA OTHERREVENUES r 1 V 162318 10/12/2010 429.48 KLOSS, TOM OPERATING SUPPLIES 162319 10/12/2010 17.42 L & P SUPPLY CO CENTRAL GARAGE REPAIR 162320 10/12/2010 699.20 LAMPLIGHTER II MISCELLANEOUS 162321 10/12/2010 47,169.25 LEAGUE OF MN CITIES -INS TRUST GENL LIAB.- INSURANCE 162322 10/12/2010 6,790.00 LEAGUE OF MN CITIES -INS TRUST GENL LIABANSURANCE 162323 10/12/2010 47,169.25 LEAGUE OF MN CITIES -INS TRUST GENL UABANSURANCE 162324 10/12/2010 177.13 LEIDER, THERESA TRAVEL SCHOOL CONFERENCE 162325 1011212010 848.31 LIFE INSURANCE COMPANY OF AMER EMPL.HEALTH & INS. BENEFIT 162326 10/12/2010 14,761.50 LOCHER BROTHERS INC COST OF SALES -BEER 162327 10/12/2010 772.80 LYNDE & MCLEOD INC RECEIVED NOT VOUCHERED 162328 10/12/2010 93.03 MATHWIG, JASON TRAVEL SCHOOL CONFERENCE 162329 10/12/2010 1,540.00 MCLEOD COUNTY ABSTRACT &TITL PROFESSIONAL SERVICES 162330 10/12/2010 60,911.00 MCLEOD COUNTY AUDITOR- TREASURE PROFESSIONAL SERVICES 162331 10/12/2010 200.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 162332 10/12/2010 250.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 162333 10/12/2010 175.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 162334 10/12/2010 400.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 162335 10/12/ 2010 400.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 162336 10/12/2010 20.00 MCLEOD COUNTY RECORDER MISCELLANEOUS 162337 10/1212010 70.00 MCLEOD COUNTY SOCIAL SERVICES RECREATION ACTIVITY FEES 162338 10/12/2010 123,194.54 MCLEOD COUNTY TREASURER IMPROV OTHER THAN BLDGS 162339 10/12/2010 246.00 MCLEOD COUNTY TREASURER CONDITIONAL USE PERMITS 162340 10/12/2010 319.63 MENARDS HUTCHINSON REPAIR & MAINTENANCE SUPPLIES 162341 10/12/2010 72.00 MEYERANN, FORREST OTHER REVENUES 162342 10/12/2010 62.18 MIDWEST MACHINERY CO RECEIVED NOT VOUCHERED 162343 10/12/2010 137.52 MINNESOTA DEPT OF LABOR &IND PROFESSIONAL SERVICES 162344 10/12/2010 1, 090.00 MINNESOTA MUNICIPAL UTILITIES TRAVEL SCHOOL CONFERENCE 162345 10/12/2010 617.50 MINNESOTA NURSERY & LANDSCAPE ADVERTISING 162346 10/12/2010 99.57 MINNESOTA SHREDDING OTHER CONTRACTUAL 162347 10/1212010 2,300.00 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 162348 10/12/2010 125.00 MOYER, CYNTHIA OPERATING SUPPLIES 162349 10/12/2010 714.46 NAGY, RICHARD TRAVEL SCHOOL CONFERENCE 162350 10/12/2010 204.48NORTH CENTRAL INTERNATIONAL RECEIVED NOT VOUCHERED 162351 10/12/2010 138.07 NORTHERN SAFETY & INDUSTRIAL SAFETY SUPPLIES ( 'O V 162352 10/12/2010 145.84 NORTHERN TIER RETAIL LLC TOBACCO LICENSE 162353 10/12/2010 125.00 NOWAK, JENNIFER UNIFORMS & PERSONAL EQUIP 162354 10/12/2010 4,082.91 NU- TELECOM COMMUNICATIONS 162355 10/12/2010 510.800'REILLY AUTO PARTS EQUIPMENT PARTS 162356 10/12/2010 154.10 OFFICE DEPOT OFFICE SUPPLIES 162357 10/12/2010 152.26 OFFICE OF ENTERPRISE TECHNOLOG COMMUNICATIONS 162358 10/12/2010 10.00 PAUL'S CANVAS & UPHOLSTERY REP REPAIR & MAINTENANCE SUPPLIES 162359 10/12/2010 100.00 PAULSON, JOHN TRAVEL SCHOOL CONFERENCE 162360 10/12/2010 2,167.50 PAUSTIS &SONS WINE CO COST OF SALES -WINE 162361 10/12/2010 106.29 PHILIPS HEALTHCARE EQUIPMENT PARTS 162362 10/12/2010 7,851.15 PHILLIPS WINE &SPIRITS COST OF SALES- LIQUOR 162363 10/12/2010 1,720.00 POSTMASTER POSTAGE 162364 10/12/2010 36.94 PRO AUTO& TRANSMISSION REPAIR CENTRAL GARAGE REPAIR 162365 10/12/2010 1,333.80 PRO CARE SERVICES INC CONTRACT REPAIR & MAINTENANCE 162366 10/12/2010 26.43 PRO -BUILD REPAIR& MAINTENANCE SUPPLIES 162367 10/12/2010 2,120.72 QUADE ELECTRIC REPAIR & MAINTENANCE SUPPLIES 162368 10/12/2010 12,642.88 QUALITY WINE & SPIRITS CO. COST OF MIX & SOFT DRINKS 162369 10/12/2010 3,425.00 REINER ENTERPRISES, INC FREIGHT 162370 10112/2010 601.97 RUNNING'S SUPPLY UNIFORMS & PERSONAL EQUIP 162371 10/12/2010 16.00 SALAMA, SYLVIA RECREATION ACTIVITY FEES 162372 10/12/2010 115.90 SAYRE, RYAN TRAVEL SCHOOL CONFERENCE 162373 10/12/2010 354.55 SCHMELING OIL CO MOTOR FUELS & LUBRICANTS 162374 10/12/2010 64.20 SCOTT'S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 162375 10/12/2010 859.86 SEELYE EILER REPAIR & MAINTENANCE SUPPLIES 162376 10/12/2010 1,884.19 SEH PROFESSIONAL SERVICES 162377 10/12/2010 56.795EPPELT, MILES CAR ALLOWANCE- TRAVEL 162378 10/12/2010 100.00 SHAW, KAREN PROFESSIONAL SERVICES 162379 10/12/2010 134.80 SIMPLEXGRINNELL LP CONTRACT REPAIR & MAINTENANCE 162380 10/12/2010 1,030.03 SORENSEN'S SALES & RENTALS RECEIVED NOT VOUCHERED 162381 10/12/2010 283.17 SPRINT COMMUNICATIONS 162382 10/12/2010 49.70 STANDARD PRINTING OFFICE SUPPLIES 162383 10/12/2010 687.35 STAPLES ADVANTAGE OFFICE SUPPLIES 162384 10/12/2010 23.22 STOTTS, CASEY TRAVEL SCHOOL CONFERENCE 162385 10/12/2010 714.O5STRATEGIC EQUIPMENT OPERATING SUPPLIES V 162386 10/12/2010 534.40 TEK MECHANICAL RECEIVED NOT VOUCHERED 162387 10/12/2010 425.37 TESSMAN SEED CO OPERATING SUPPLIES 162388 10/12/2010 1,722.40 THE HARTFORD EMPL.HEALTH & INS. BENEFIT 162389 10/12/2010 40.00 THOMPSON, HEATHER RECREATION ACTIVITY FEES 162390 10/12/2010 240.00 TOTAL FIRE PROTECTION CONTRACT REPAIR & MAINTENANCE 162391 10/12/2010 17,996.10 TREBELHORN & ASSOC MOTOR FUELS & LUBRICANTS 162392 10/12/2010 1,924.00 TWIN CITY PALLETS INC. RECEIVED NOT VOUCHERED 162393 10/12/2010 138.98 TWO WAY COMMUNICATIONS INC CONTRACT REPAIR & MAINTENANCE 162394 10/12/2010 4,462.03 U.S. WATER SERVICES CHEMICALS & PRODUCTS 162395 10/12/2010 132.00 UHLCOMPANY CONTRACT REPAIR & MAINTENANCE 162396 10/12/2010 92.55 UNCLAIMED PROPERTY PROGRAM OPERATING SUPPLIES 162397 10/12/2010 357.86 UNITED LABORATORIES CLEANING SUPPLIES 162398 10/12/2010 109.00 UNIVERSITY OF MINNESOTA TRAVEL SCHOOL CONFERENCE 162399 10/12/2010 225.00 UNIVERSITY OF MINNESOTA TRAVEL SCHOOL CONFERENCE 162400 10/12/2010 155.00 UNIVERSITY OF MINNESOTA TRAVEL SCHOOL CONFERENCE 162401 10/12/2010 115.00 UNIVERSITY OF MINNESOTA TRAVELSCHOOL CONFERENCE 162402 10/12/2010 916.75 USPS- HASLER POSTAGE 162403 10/12/2010 8,535.15 VIKING BEER COST OF SALES -BEER 162404 10/12/2010 2,508.05 VIKING COCA COLA COST OF MIX & SOFT DRINKS 162405 10/12/2010 910.41 WASTE MANAGEMENT OF WI -MN REFUSE - RECYCLING 162406 10/12/2010 10.68 WEIS, MARK OPERATING SUPPLIES 162407 10/12/2010 833.33 WELLS FARGO INSURANCE SERVICES PROFESSIONAL SERVICES 162408 10/12/2010 320.63 WILSONS NURSERY INC OPERATING SUPPLIES 162409 1011212010 5,592.60 WINE COMPANY, THE COST OF SALES -WINE 162410 10/12/2010 200.00 WINE MERCHANTS INC COST OF SALES -WINE 162411 10112/2010 29,664.20 WIRTZ BEVERAGE MINNESOTA COST OF SALES -WINE 162412 10/12/2010 5,250.00 WM MUELLER & SONS CONTRACT REPAIR & MAINTENANCE 162413 10/12/2010 1,625.00 WM MUELLER &SONS CONTRACT REPAIR & MAINTENANCE 162414 10/12/2010 17,331.33 WOODUNE SAWMILLS, INC. RECEIVED NOT VOUCHERED 162415 10/1212010 2,652.08 WORK CONNECTION, THE OTHER CONTRACTUAL 162416 10/12/2010 779.38XEROX CORP COPY MACHINE 162417 10/12/2010 76.61 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 162418 10/12/2010 504.02 H.A.R.T. ACCRUED DEFERRED COMP 162419 10/12/2010 512.00 NCPERS LIFE INS. ACCRUED LIFE INSURANCE 829,956.57 Grand Total Payment Instrument Totals Check Total 829,956.57 Total Payments 829,956.57 PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 10/08/2010 Period Ending Date: 10/02/2010 $57,094.14 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $10,890.78 MN Department of Revenue State Withholding Tax $38,385.91 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $4,802.45 TASC Employee Flex Spending Deductions $400.00 MNDCP Employee Contributions - Deferred Comp $1,339.60 ING Employee Contributions - Deferred Comp $2,001.15 ICMA Retirement Trust Employee Contributions - Deferred Comp $693.58 MN Child Support System Employee Deductions $115,607.61 Total Electronic Funds Transfer � (J) r I) I; TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Assessment Hearing for Adams St. & Washington Ave. Reconstruction Project (Letting No. 1/Project No. 10 -01) DATE: October 12, 2010 During construction of the above referenced project, City staff has determined that property improvement assessment revisions are necessary to address utility service additions or deletions. City staff has worked with the adjacent property owners during the project to inform them of their respective assessment situation. Thus, questioning of or opposition to the currently proposed assessment revisions is not anticipated from the four (4) impacted property owners. We recommend approving the attached Assessment Roll and Resolutions. cc: Gary Plotz— City Administrator qLa) RESOLUTION NO. 13795 RESOLUTION ADOPTING REVISED ASSESSMENT ASSESSMENT ROLL NO. 5093 LETTING NO. 1IPROJECT NO. 10 -01 WHEREAS, pursuant to resolution and waiver of hearing the Council has met and reviewed the proposed assessment for improvement of: Adams St (CSAH 25) & Washington Ave Reconstruction Project by new roadway construction and utility infrastructure installations including construction of trunk and lateral storm sewer and treatment1drainage improvements, trunk and lateral sanitary sewer and services, trunk and lateral watermain and services, grading, aggregate base, concrete curb and gutter, trail /sidewalk, concrete surfacing, lighting, landscaping, streetscaping, restoration and appurtenances. WHEREAS, the assessment hearing was held and Assessment Roll No. 5093 was adopted on May 11th, 2010. WHEREAS, it is proposed to revise said Assessment Roll No. 5093 as follows: PID# 06- 116 -29 -03 -0111 — Delete 6' Water Service — Deduct of $2,500.00 - Total Assessment of $5,296.00 PID# 06- 116 -29 -03 -0820 — Added 6" Sewer Service — Increase of $1,420.00 - Total Assessment of $4,570.00 PID# 06- 116 -29 -10 -0060 — Added 6" Sewer Service — Increase of $1,420.00 — Total Assessment of $14,769.50 PID# 06- 116 -29 -10 -0080 — Added 6" Water Service & Additional Bituminous Surfacing and Sidewalk - Increase of $5,384.350 — Total Assessment of $15,408.55 PID# 31- 117 -29 -15 -0600 — Added 6" Sewer Service — Increase of $1,420.00 — Total Assessment of $2,896.00 WHEREAS, an assessment hearing was held and said Revised Assessment Roll No. 5093 was adopted on October 12th, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA 1. Such proposed revised assessment a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2011 and shall bear interest at the rate of percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2010, until the 31st day of December 2011. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2010; and he may, at any time thereafter, pay to the City Finance Department the entire amount of the assessment remaining unpaid, with interest accrued to the 31 st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. 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WSi PEN YYlON1 m F00i 8 11tFEi CWiPRFWniFMi O ERF T N: PIMPViF09Y: PVlN 1U.ai NILLdVERWYSOi dY IJMOG29i VFA FRdIFiOOF FJIFLMFOff MEbl9 IWm SIPfEIBf:iPE6WFF£0.FRONI FGOF XP WI[aI1B:10 fl .W 1- IR"WAiE &eE0.Y10E WHi PER FACX - )BT i Wm YYlE6 BER1[E C4IS RRFIGN SMXFiRIMO_ N i�:Y wlPEN 4cn MAFAYE Y M.A MoYTEIX � NIW xma "� aFlSw1Ya1Bl waFRw.a EwumEw a �! If�II IYEEIYIYWYNYd ny lY Em mm I I ® aE NXIwE�YSax..e =. �.q.d rs amem ® y8,'poW m oE.m x IdouRl. xulo.WSxso 1 Mca�� Y Em lam a - Inn Sow som Ym dI18HIegY w HmeolY uxxY wY gmaasYl° md , ` ., F clww axrmn w m ow wsev > am LLc awmn craw FNU max saran a A%I E I4V 1 W1 lM6 YXaYek STm� 111E NR #Fllo om nn NIiW IY4]5 1a NE1M q HYNw aw.Xwr�m.E awalww� wACUYraa.. :...agxNUCa tl 111 HISOJ� F LL" AuYWWa,wB ARI K14 It „ H¢6]YLi ti9� WK nMa.YMN. NanYYGY N IlwwwW�Y tlllHrtsB� Yi F6tl 1®.w 4 1 W NW 93 — W f�.aem Vm Ov.aB ws L� lvwativE E,na y.ayaalmo. Frn�s YEe ®Fa n3fam I Hrt� x, dwaw a u E.u.m mmmn .,1a �aqx " aoLWe RnJaAEn.psE.F� E w�iWEEYlmY EI WbI8n11NgYl Ys. Pmgnt[wTeww�w�Yw PYg96 ♦ W wW',Met IEm�dw. E Mw�[Y WEa1WV/.0 x�."/aY TOTAL AccvccMENTROLL NO. 5043 YrYm aw.n FYa.lF un aw! q Fqu I xaa --J To The Mayor and members of the Hutchinson City Council From members of the senior citizens group that attend the Senior Center We ask you to consider a method of alleviating the financial cuts which would reduce services to the senior center one day a week by seeking outside funding from grants and special programs. The strengths of such an application lie in the long record of excellent service to seniors that have been economical to administer, broad in scope and particularly efficient in addressing the needs of this community. This community has a high number of seniors in their late seventies, eighties and nineties. This age group have lost many partners, friends and colleagues and are able to come to the center to make new links or restore friendship with schoolmates, coworkers or neighbors. For many, it is the only opportunity to socialize they have. The event center environment is particularly appropriate because of ease of access, handicapped parking, comfortable seating and adequate lighting. We ask for two things. First, that senior services remain a high priority. Second, that support be given to a group committed to seeking funds specifically for senior programs through grant writing or other means. Attachments: 1.The Importance of Socialization for Senior Citizens 2. Report of an Ad Hoc Committee on senior center changes October 3, 2010 We, the senior citizens of Hutchinson understand the current economic situation and we are aware that cutbacks are a necessary reality for the City. We would like the City Council to consider making the restoration of the full senior program a high priority as soon as funds allow. The effect of closing a facility for only one day many not impact a younger population but for the aging population this affects our social, physical and mental health. The seniors use the center as a location for not only card playing, exercise programs but also for socializing. It is very easy for our seniors to become isolated due to loss of spouses and other family members, relocation of family members and loss of life long friends. Thank you for letting us express our thoughts to the Council. We seniors are open and will for any further discussion on the usage and future of the Senior Center J ❑c uupunance of -,ociauration for senior Cmzens I'fhe Aging Suite http: / /agingsuite.com/2010 /03 /the - importance -of- socialization- for -sen It's true that no man is an island; we thrive on relationships, with our friends, coworkers, acquaintances and family members. We all need a sense of belonging, of oneness other human beings, and this is why we socialize. And although we tend to interact with others during our teenage and early adult years, we need an active social life more than ever as we grow old. If you're in your 60s or 70s, it's important that you maintain a strong network of friends, family and acquaintances because: It gives you a sense of belonging: The feeling of loneliness and being left out gets stronger as you retire from work life and as your kids grow up and start to live their own lives. Your life changes, and if you're not able to accept these changes and reorient your life accordingly, you're going to lose your mind. When you continue to socialize and go out and meet people often, you feel good about yourself and are more confident in your abilities. Besides this, you also don't think of your age and view it as a limiting factor. It keeps mental illness away: Older people who live alone are more prone to senility and other mental illnesses like Alzheimer's and dementia. So the more you socialize and meet and interact with people, the less your chances of losing your mind. Loneliness can have a detrimental effect on your mental health, so it's best to stay connected to other people as much as possible. It helps you stay relevant: When you keep in touch with other people and meet up with them on a regular basis, you keep up with what's changing and what's new. This helps you stay relevant and keep up with the times. It prevents you from feeling left out because you're able to hold a conversation relating to any current news and information. It boosts your confidence and does a world of good for your self - esteem. It puts you in a good frame of mind: Meeting people and socializing on a regular basis makes you feel happier and more content with your life. You have a sense of purpose and a reason to live. When you're alone, you tend to feel depressed and sad if you're not busy. Meeting friends and acquaintances helps boost your mood and puts you in a better frame of mind. Today, it's easier to make friends and socialize because there's a whole new world out there — the Internet. You can make friends easily, play online games, and socialize with strangers who become your virtual friends. So if you're a tech savvy senior citizen, there's no reason why you cannot keep busy and avoid the hell that is loneliness. QTranslate p1M0 © Share/ Save a Q Tags: depression senior citizens of t. 10/3/2010 2:54 PM 201OR NEWlLETTER For your convenience: Newsletters can be picked up the first business day of the month at the front office of the Event Center. Remaining newsletters will be mailed out the following day. %M E ER VILLOWSW e1 It Monday, October 25th 5¢ Bingo - 4pm Dinner - 5pm RSVP by Noon on Friday, October 22nd 6 Fee: $8 per person Presented by: Absolute Catering MENU: Lasagna Rolls with Caesar Salad, Garlic Sticks, Fall Harvest Dessert, and Coffee OAINtN October 20th Time:1.4 pm Michael's One Man Band Join the last Dance of the season) $6 per person includes light lunch. MOVIE 01F �o C P% A % MON'1'1N Thursday, October 21st & iA Friday, October 22nd at 1pm "Killers" Starnng: Katherine Heigl and Ashton Kutcher A vacationing Katherine Heigl meets her ideal man, leading to a swift marriage. Back at home, however, their idyllic life is upset when they discover a contract has been put out to kill the couple. In this romantic comedy of survival the couple discovers more than they imagined Sponsored by: Sr. Advisory Board. Answer me this: !HAIR COV11" EVERY Thursday at f pm Our 7t119h K YOU goes to everyone that helped with the chair cover project! Over 500 chair covers have been created and are ready for rental, Any questions regarding the rental of the covers can contact the front office at 234 -5656. 1CNITTIN� Monday, October 18th at loam Meetings have begun! 0 6 We will continue making hats for the soldiers. Preschool hats will also be a project (350 hats needed before 12/18) A new fingerless glove pattern will be started! Join us for coffee and conversation! QunTn4c✓s1"c Thursday, October 21st at 10:00am The community quilt is nearing completion: Every Tuesday at 10am If all the countries in the world are in debt... where did all the money go ? Fall is coming in, weather permitting, bikers will be meeting at 10am to enjoy a morning tour of Hutchinson. Helmets are required. Page 2 The Senior Newsletter sIR oRSntn�s Adult Grief Support- Connect Care Mary Nelson. Call 234.4738. Caregiver Support Group Lutheran Services: 800.488.4146 Ask for Connie McDonald phone number. Meets 10am every 3rd Tuesday of the Month. Call Lutheran Services for more information. Evergreen Sr. Dining /Seniors 60+ Nutritional meals served daily Monday- Friday at 11:30am. Suggested meal price for 60 and over is $3.50 under 60 is $6.50. Menus available at dining site: 115 Jefferson Street SE (please use south door.) Call for reservations day before- 320.587.6029. Kinship Care Relatives as Parents Caring for Children For Kinship Caregiver Group information contact: Jane Ryan at 320.286.4100 ext 1024 Massage Clinic October 28th at 1:00pm Call 234.5656 to make your appointment. Receive a massage treatment from Sandy Radloff or Lynn Radloff-Huts. Choose a hand, neck, foot or back massage. Fee: $5 Minnesota River Area on Aging Representatives will be here on October 26th from 10am - Noon. Call 234.5656 for appointment. Great Resource forAssistance! Services For The Blind Sr. Programming currently has a variety of hand held reading monitors on sight for visually impaired individuals to use. Reliable Experienced Adaptable Loyal Are you 60 or older and seeking work? Low- income seniors may qualify for paid job- training opportunities. Contact: Cindy Whitcomb - office 320.234.0351 Hutchinson Workforce Center. Toenail Clinic The McLeod County Nursing Services provides a Toenail Clinic on: Tuesday, October 26th at 12:30pm- 3:30pm and Wednesday, October 27th 9:00am- 12:30pm at the Event Center /Sr. Programming. This service is available to residents of McLeod County. Fee is $20 and is payable at the time of service. Call 234.5656 for appointment. AARPlANI Pre - Registration Required/ Fee is due at time of registration. No REFUNDS. A $4 fee will be applied to any transfers. Transfers must be made at least one week prior to class. AARP members $15 non members $17 October 6th - Refresher class/FULL ....... 1 -5pm November 3rd - Refresher class ............ 1 -5pm December .....................No classes offered January 5th - Refresher class ..................1 -5pm February 2nd - Refresher class ..............1 -5pm March 2nd - Refresher class ................. 1 -5pm April 6th - Refresher class .................... 1 -5pm May 4th - Refresher class ......................1 -5pm June 1st - Refresher class ....................1 -5pm July 6th - Refresher class .....................1 -5pm August 3rd - Refresher class ................1 -5pm September 7th - Refresher class ............ 1 -5pm Call for other area schedules: Litchfield 320.693.2354 Glencoe 320.864.2690 Dassel Cokato 320.286.4100 Page 5 The Senior Newsletter s October 2010 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 9:oo Sheephead 1:00 5{ BINGO i :oo Bowling -4 j I $ 9:30 Dominoes 9:oo Card Makers 9:oo Texas Hold'em 9:oo Bridge 9:oo Sheephead 9:3o Bone Builders to:oo Biking 11:3o Line Dancing 9:oo Pilates 12:15 Duplicate Bridge uoo Pinochle io:oo Wii Bowling Rec Cntr 9:3o Rook Tournament RSVP Duplicate voo Pinochle uoo AARP Safe Driving i:oo Chair Sewing voo Bowling Bridge uoo Bingo 1:00 Canasta 1:00 500 Mystic Tour Departs i:oo Bridge Crimson Crowns a:oo Bone Builders Gracious Garnets Scarlet Roses 34 14 93o Dominoes 9:oo Card Makers 9:oo Texas Hold 'ern 9:oo Bridge 9:00 Sheephead 9:3o Bone Builders io:oo Biking 9:3o Bone Builders 9:oo Pilates io:oo Friday Book Club too Pinochle 1o:oo Wii Bowling 11:30 Line Dancing 9:3o Rook 1:00 5{ BINGO too Pinochle Rec Cntr 1:00 500 too Bowling 1:00 Bingo uoo Canasta uoo Chair Sewing New Tour uoo Bridge Registration open Flamin Dames 18 20 21 32 9:30 Dominoes 9:oo Card Makers 9:00 Texas Hold'em 9:oo Bridge 9:oo Sheephead 9:3o Bone Builders io:oo Biking 9:30 Bone Builders 9:oo Pilates i:oo Bowling io:oo Knitting fo:oo Wii Bowling 11:3o Line Dancing 9:3o Rook too Movie "Killers" 10:30 Travel at a Tournament Rec Cntr 10:00 Quilting Glance: The too Pinochle 1-4pm Sr Dance uoo Chair Sewing RSVP tickets for Beauty of Ireland i:oo Bingo Michaels One Man Band 1:00 500 Fellowship Dinner too Pinochle i:oo Canasta 1:00 Movie "Killers" BEFORE NOON! Newsletter uoo Bridge Royal Rubies Articles Due 25 26 21 2$ 22 93 Dominoes 9:oo Card Makers 9:00 -11:3o Toenail Clinic 9:oo Bridge 9:00 Newsletter 93o Bone Builders io:oo Biking (call forappt) 9 :oo Pilates Assembly 1o:00 Ad. Board Mt g io:oo Wii Bowling g 9 :0o Texas Hold'em 9:3 o Rook 9:00 Sheephead voo Pinochle 10:00 Mn Agency 93o Bone Builders uoo Chair Sewing 12:3o Bridge Fellowship Dinner on Aging (call fwappt) 93 55+ Book Club -Moyle 1 :00 Massage Tournament Bingo4pmMealSpm 12:3o Toenail Clinic 3 11:3o Line Dancing (can fora t Pp) too Bowling RSVP Bridge (call for appt) Rec Cntr 1:00 500 roo Pinochle uoo Canasta Tournament voo BINGO i:oo Bridge Sr Programming is open to all area seniors for Recreational and Educational purposes. NO soliciting. 1 OCTONR REOP12 Hamburger Skillet Supper 1 l ground beef, 1 pkg (3oz) ramen noodles, 2C water, 2C frozen mixed vegetables, 1 tbsp worcestershire sauce, 1 tbsp soy sauce, parmesan cheese. In skillet fry beef, add noodles and seasoning packet, vegetables, worcestershire, and water. Cook until noodles are tender. About 3 minutes When eating add parmesan cheese, 46 and soy sauce to taste. German Leek & Potato Soup 1 C chopped onion, %C butter, 1 C chopped leeks, 8 peeled and sliced potatoes, 6C water, '/ tsp fresh thyme, 1 ham bone, 1C heavy cream, salt and pepper to taste. In a large pot over medium heat, cook onions in butter until translucent. Stir in leeks, potatoes, water, thyme and the ham bone. Bring to a boil, then reduce heat, cover and simmer until potatoes are tender, 20 -30 minutes. Remove ham bone and puree soup in a blender or food processor. Return to pot, stir in cream, salt and pepper, heat through and serve. Lazy -Daze -Boozy Pie 1- 8oz Hershey bar with almonds, 2 oz Creme de Cacao, 1 %2oz Amaretto, 1- 8oz container whipped topping, 1 chocolate cookie crust Melt bar in double boiler. When melted, add liqueurs and beat well. Fold in Cool Whip and pour into pie shell. Freeze. Cuts readily when removed from freezer. Serve immediately. The Senior Newsletter Help your grandchild learn to read for life! United Way of McLeod County (UWMC) has launched Dolly Parton's Imagination Library. This program allows every child who lives in McLeod County and was born January 1, 2009 and later to be eligible to receive an age- appropriate hard back book in the mail each month. The books are a gift from Dolly Parton's Imagination Library and the United Way of McLeod County. The program is absolutely free to the newborns and parents. Studies done for the Dollywood Foundation regarding this program have shown that investing in early childhood education yields more productive older students, better citizens and employees. Better - educated children generally stay out of crime, and need fewer out -of -home placements and less counseling. However, not enough kids get that important education in their early years. A high percentage of kindergartners are coming to school at risk for failure. Children whose parents read to them become improved readers and do better in school. If you want to make sure children are ready to learn in school, one of the best guarantees is to read to them when they're young. Children enrolled in the program will get 12 books a year delivered to their homes for free. The first book in the Imagination Library is "The Little Engine That Could." The program aims to select books that are age- appropriate and titles that will encourage parents to read to their kids. The cost to the United Way is roughly $30 a year per child. Newborns enrolled this fall will have a personal library of 60 books when they exit the program at age five. While the UWMC is hosting the Dolly Parton Imagination Library in McLeod County, the program is driven by donations from individuals, small businesses and corporations. Donations for this specific initiative can be sent to: United Way of McLeod County, 218 Main Street South, Suite 124, PO Box 504, Hutchinson, MN 55350. Please denote Imagination Library on the memo line. Page 3 Email your upcoming activities to: sjacobsen @ci.hutchinson.mn.us The Senior Newsletter Ab Antiquity Roses Queen: Mary Haag 5875837 - ----- dw - October - Please call your Queen. Crimson Crowns Co - Queen: Lois Krantz 234 -3410 & Ruth Schwarze 587.0540 - October 7th - 10:30am Meet at Event Center for lunch at Carlson Apple Orchard, Flamin' Dames Co- Queen: Bev Baumetz 587.6205 & Judy Greenman 587.4277 - October 13th -1:30 Tea at Judy's house. Gracious Garnets Queen - Nancy McGraw 587.6836 Vice Queen: Irene Krejci 587 -3908 - October 7th - 5:30pm Meet at Event Center to visit Equal Access and coffee to follow. les Flammes Rouges/ Duchess Rouge: Mary Krenik 587.1141 Princess Rouge: Bev Hedin 587.4822 - October - Please call your Queen. Red Haute Mamas Queen Mum: Linda Keehr 587.7562 Email: mikeehr @mchsi.com - October - Please call your Queen. Royal Rubies Queen: Rena Pearson renarae5@mchsi.com 587 -8655 - October 21st - 11:30am Meet at Jake's Pizza in Hutchinson Mall. Scarlet Belles Queen: Doris Wraspir 327.2643 Queen's Assistant: Genny Lhotka 327.2633 -October - Please call your Queen. Scarlet Feathers Queen: Coral (Rusty) Ackman 877 -7501 Vice Queen: Naomi Barkeim 587 -3755 - October - Please call your Queen. Scarlet Roses Queen: Ivanelle Curtiss 582.0941 Princess: Lan! Guth 587 -4961 - October 7th - Meet at Godfather's Pizza followed by Fire Extinguisher demonstration. TltsrELINC AT A CUPICE ss+ MOK true , Wednesday, October 27th at 9:30am %4 Monday, October 18th at 10:30am If Only It Were True " "The Beauty of Ireland" By: Marc Levy y A screening of the movie: "Just Like Heaven" Come and enjoy this video that travels to Ireland's will be shown before the meeting. unique counties and see firsthand her wild Lauren Kline is a young and beautiful medical seacoasts and rugged mountains, her sweeping resident leading a life she is very content with, when the moors and gentle, rolling farmland. Amid worst happens. A car accident puts her in a coma. Her spectacular scenery and charming people, you will spirit is still very active and "living" in her old apartment, only now Arthur lives there. discover the enchanting mystic Irish spirit. ERIpAY e00K tLlle This activity has no fee. Enjoy a taste of Ireland! , Friday, October 15th at 10am r� rMol • The Girl With The White Pearl Earring By: Tracy Chevalier Beginning October 13th A young peasant maid working in the house of Dutch painter, Johannes Vermer, becomes Bone Builders will be meeting his talented assistant and the model for one of his most famous works. Mondays at 9:30am & New members always welcomel Wednesdays at 9:30am rl ACTIVITIII 5 BINGO - Friday, Oct. 1st & 15th 1 pm e ; s "500" - every Thursday 1 pm— 50¢ to play . 'so 0 BINGO - every Tuesday 1 pm- 500 to play 0 Biking— every Tuesday 9am �s Bone Builders - every Monday & Wednesday 9:30am Bowling -every Friday 1 pm Bridge - every Wednesday fpm & Thursday 9am Bridge Tournament - Friday, Oct. 29th at 12:30pm fee $1 RSVP 10125 Card Making every Tuesday 9am Canasta - every Wednesday 1 pm Dance - The Third Wednesday of the Month 1 -4pm Dominoes - every Monday 9:30am Duplicate Bridge - Friday, Oct. 8th at 12:15, fee $1 RSVP 10/4 Bean Bag Toss / FarkleMhist - anytime Plates - every Thursday 9am $2.50 per time Pinochle - every Monday 1 pm & Tuesday 1 pm 500 to play. Cash prizes! Rook - every Thursday 9:30am - Sheephead — every Friday 9am Texas Hold 'em - every Wednesday 9am W!i - every Tuesday 10am WII eOWUNG Lanes at the Event Center are open every Tuesday at 10am No FEE to playl September Tournament Winners: 1st - Bud Muetzel 2nd - Dolores Barlau 3rd - Arlene Poirier Monthly High Game Average: Bud Muetzel - 207 High Game: Bud Muetzel - 225 The next tournament October 19thl The Senior Newsletter .4 M GM Brid a Tournament Winners 1st: Allan & Bonnie Schmidt 2nd: Dariel Posusta & Richard Ebbenga i AM Duplicate Bridge Tournament Winners 1st: Bonnie &Allan Schmidt 2nd: Darlene Kenning & Sandy Traxler HELPFUL PHONE #'S Alzheimer's Disease Hot Linel ....... 800.272 -3900 City Center ............... ...................320.587 -5151 Chamber of Commerce . ...................320.587 -5252 Veteran's Affairs ............. ...................800.827 -1000 Hutchinson Utilities ...... ...................320.587 -4746 Social Security ........... ...................800.772 -1213 Poison Center ........... ...................800.222 -1222 Hutchinson Medical Center ............ 320.587 -2020 Senior Dining ........... ...................320.587 -6029 Police Dept. (non emergency) ......... 320.587 -2242 Meals on Wheels ....... ...................320.234 -4660 McLeod County Courthouse ............ 320.587 -4680 TUA14K YOU Newsletter Assemblers... Darlene Thulin, Dolores Barlau, Dariene Vorlicek, Rena Pearson, Alice Carol & Milton Totusek, Dariel Posusta, Renate Rath, Lorraine Lemke, Jean Swanson, and Marlene Eichten. Chair Covers: Lorraine Lemke, Charlotte Vasko, Myrt Tenney, Darlene Voricek, Helen Henke, Marge Block, and Mary Berscheit. 500 Done! I�r WINE TATTING EVENT! rp,- Tuesday, November 16th 2:30pm $5 per person /Advanced tickets only! Includes wine samples, meat, cheese, crackers and an event favor! Evenrone is invited! Red Hat groups make your plans now for November! More details next month! Pa e 7 + The Senior Newsletter dp Senior Tours Payment of trip will be considered your reservation. NO phone reservations please. Due to the continued SUCCESS of the senior tours and in FAIRNESS to ALL participants, Please note the TOUR POLICY: EACH tour will have an "open date" for registration. This date will be printed along with the tour information. On this date anyone interested in signing up may do so. The tour will remain open until all seats are filled or closing date is indicated. Payment must be made at time of registration. If you are unable to attend a tour your reservation is transferable to any senior of your choosing. It will be your responsibility to transfer your reservation and exchange any funds. Staff will maintain a waiting list if needed at the front office. Mystic Lake Casino Senior Expo Tuesday, October 5th We're going to Prior Lake. Come along if you like to gamble, OR if a lavish buffet makes your mouth water, OR if you enjoy entertainment, speakers, exhibits, and giveaways at a Senior Expo. On the way home we'll stop at the University of Minnesota's Apple House so that you can admire, and, if you choose, bring home some Honey Crisps and other bounties of the season. Registration Closed. (Upon registration you will be asked to supply your name, address, and birth date or Mystic Lake Club card number for a manifest required by the casino) Depart: 9:00am Return: about 4:00pm Fee: $15 (Bus, Expo admission, discount coupons, and prizes are included, lunch and any purchases are on your own.) Due to circumstances beyond our control, the November tour to Brooten, has been cancelled. Thank -you for your interest and support of all the tours we have to offer. Christmas in Crown Chapel N ; Friday, December 3rd ` Crown College in nearby St. Bonifacius is a convenient, festive, and enriching T holiday destination. Under one roof we'll first enjoy a buffet dinner, then move to the connecting chapel for a vocal and instrumental program of traditional Christmas music, including selections from Handel's "Messiah." X-, Registration begins: October 11th and Ends November 19th. Depart: 5:15pm Fee: $48 (all inclusive) Return: about 10:30pm The Senior Newsletter Hutchinson Senior Center 1005 Highway 15 South Plaza 15 (320) 234 -5656 Hutchinson, Minnesota 55350 ................... ............................... : ............................................... Page 8 1RITl1IINlON Pume MullY The Hutchinson Public Library will be hosting "The Accidental Hero ", a one -man play sponsored by the Minnesota History Center on Tuesday, October 19 at 7:00 pm at the library. Patrick Dewane tells the story of his grandfather, a man whose seemingly goofy CB radio - handle during the 1970s —"The Mushroom Picker"— was really a clue to his incredible story as a WWII Czech- American soldier fighting in the forests of his family's ancient homeland. For more information, call Mary Henke at 320 - 587 -2368 GIVE. MW.Md bda, d .dvYe me3lbv nenu, dpsvY .w m Fr F,D• nn.np. r.. en.. ■ F.d 1.nM � we. mtlYk F Mid any. ADVOCATE. �. K. a FbevL rd Fd, bF, m m. �. LFd M, ned...F d, n psnY dell dY aanvnA m 4 uYF1 Mnd Mid D.4' FyFM Mdrdd'.pd m FA! Aw F Ydd IaA. VOLUNTEER. d dd rapdb b ewq t bed .ev b pd, hv1 v.lY{ .IA d .n's nd ...nae.erni.em+aa vjudvY d1n5R3673mhnd d.nbd nFr.mo.entl. Senior Newsletter HOW TO LIVE UNITED IN MCLEOD COUNTY. JOIN HANDS. OPEN YOUR HEART. LEND YOUR MUSCLE. FIND YOUR VOICE. GIVE 10%. GIVE 10076. GIVE 110 %. 611E AN NHL EYE A EMODAI THINK OF WE BEFORE ME. NEACN NUT A NANO TO ONE ANN INFLUENCE THE CONDITION OF ALL SIVE. ABWTE. VBLIINfFER. LIVE UNITED. A We i TW$4wd EEEn rw"dndtlaq PyEK 9.IWt.IYW W IOY61 M.Y�.Mam. RA!)A8.1.11 f Fd�d M CAMPAIGN 2010 -I1 GIVE ADVOCATE. VO UNTEER, LIVE UNITED. Un Ited Wry of McleW County I m NOTICE: INFORM THE OFFICE WITH ANY ADDRESS CHANGES! IF YOU DO NOT, YOU WILL NQJ RECEIVE YOUR NEWSLETTER. ME- V RESOLUTION NO. 13791 RESOLUTION APPROVING A FINAL PLAT OF CROWN ADDITION, CONDITIONAL USE PERMIT AND SITE PLAN TO ALLOW A DAY CARE FACILITY IN THE MIXED USE DISTRICT LOCATED AT 525 GOLF COURSE ROAD, REQUESTED BY RANDY ANDERSON, CROWN PROPERTIES OF MN, LLC, PROPERTY OWNER Whereas, Randy Anderson, Crown Properties of MN, LLC, property owner, has requested approval of a final plat of Crown Addition, site plan and conditional use permit to allow a day care facility in the MXD (Mixed Use District) with the following legal description: Legal Description: The Southeast Quarter of the Northeast Quarter (SE' /4 NE %4) of Section Thirty -six (36), Township One Hundred Seventeen (117) North of Range (30) West, McLeod County, Minnesota, except the following described tract: Beginning at the Southwest comer of the SE' /4 of the NE'/4 of said Section 36; running thence North 28 rods to the center of the Hutchinson and Litchfield Wagon Road as now located; thence in a southeasterly direction along the center of the Hutchinson and Litchfield Wagon Road 48 rods to the intersection of said highway with the south boundary line of said SE' /4 of NE' /4 of said Section 36; running thence West along the South boundary line of 46 rods to the place of beginning. Also that part of the of the Northeast Quarter of the Southeast Quarter (NE' /4 SE %4) of Section 36, Township 117 North of Range 30 West, McLeod County, Minnesota, which lies on the north side of the Hutchinson and Litchfield Public Road as the same is now located, more particularly described as follows: Beginning at the Northeast corner of the NE %4 of the SEY4 of said Section 36; running thence South 22 rods; thence Northwesterly along the center of said road 44 rods to its intersection with the North line of said NE' /4 of the SE' /4 of said Section 36; thence East 34 rods to the place of beginning. Whereas, the Planning Commission met on September 21, 2010, 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. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the final plat and conditional use permit subject to the following findings and recommendations being met: 1. The proposed building and site improvements shall comply with the standards of the MXD district and the Zoning Ordinance. 2. A certified property survey is required before a building permit will be reviewed. Review and approval of the final site plan is required by the City Engineer and Planning Director before construction. 3. Access will be from Montana Street with secondary access off Minnesota Street. Property owner must stub in Minnesota Street and extend utilities. 4. Satisfy wetland mitigation requirements with McLeod County and City of Hutchinson. 5. Provide a turnaround on both ends of the street stubs. 6. Add one parking stall to parking lot. 7. Communicate construction timeline to the city for construction of streets. 8. After November I" there will be a cost increase for digging electric and gas lines. 9. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. 10. A Subdivision Agreement must be executed prior to filing of the final plat. 11. Address Engineer comments in report his report of September 14, 2010. Resolution # 13791 Crown Addition Final plat, Site plan and Conditional use permit 9/28/2010 Page 2 12. Address John Paulson's comments related to stormwater and erosion control dated September 14, 2010. 13. The proposal would meet the standards for granting a conditional use permit, including providing a service to the community and would not have an undue adverse affect upon adjacent property, neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and, would not interfere with use of neighboring property. 14. Water quality for the entire site must be addressed. 15. Provide verification of wetland delineation approval (per County Environmentalist) and the acceptance of a wetland mitigation plan. 16. Identify proposed wetland mitigation areas. Adopted by the City Council this 28 day of September, 2010. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor R L), CERTIFICATION OF MINUTES RELATING TO $4,825,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2010C Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on October 12, 2010, at 5:30 o'clock p.m., in the Council Chambers at the Hutchinson City Center. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): 1 through 20 RESOLUTION NO. 13798 RESOLUTION RELATING TO $4,825,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2010C; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of October, 2010. (SEAL) Gary D. Plotz City Administrator �da-) Councilmember introduced the following resolution and moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO, 13798 RESOLUTION RELATING TO $4,825,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2010C; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City "), as follows: Section 1. Recitals 1.01. Authorization This Council hereby determines that it is in the best interests of the City to issue its $4,825,000 General Obligation Improvement and Refunding Bonds, Series 2010, subject to adjustment in accordance with the Terms of Proposal (the "Bonds "), of the City (a) to finance various street and alley improvements (the "Improvements "); and (b) to refund in advance of maturity the 2012 through 2016 maturities, aggregating $ in principal amount, of the outstanding General Obligation Improvement Bonds, Series 2004A, dated August 24, 2004 (the "Refunded Bonds "). The Refunded Bonds will be redeemed on February 1, 2011 (the "Redemption Date "). 1.02. Sale of Bonds The City has retained Ehlers & Associates, Inc., an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, (--) sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of of , (the "Purchaser "), to purchase the Bonds at a price of $ , the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Issuance of Bonds All acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to the issuance of the Bonds have been done, do exist, have happened, and have been performed, wherefore it is now necessary for this Council to establish the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. IC)6L)- Bond in every particular, without alteration, enlargement or any change whatsoever. Signature(s) must be guaranteed by an "eligible guarantor institution' meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. [End of Bond Form] Section 3. Bond Terms, Execution and Delivery 3.01. Maturities, Interest Rates, Denominations, Pam The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Improvement and Refunding Bonds, Series 2010C" and shall be payable primarily from the 2010 Improvement and Refunding Bond Fund created in Section 5.02 hereof. The Bonds shall bear a date of original issue as of November 10, 2010, shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from the date of original issue until paid or duly called for redemption at the rates per annum shown opposite such years and amounts as follows: Year Amount Rate Year Amount Rate 2011 $205,000 2019 $185,000 2012 830,000 2020 185,000 2013 815,000 2021 70,000 2014 745,000 2022 75,000 2015 490,000 2023 75,000 2016 620,000 2024 80,000 2017 185,000 2025 80,000 2018 185,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Each Bond shall be dated by the Registrar as of the date of its authentication. o(�a-) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following Councilmembers voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. 1 ©Cg� -Ll October 12, 2010 Sale Report City of Hutchinson, Minnesota Debt Issuance Services $4,825,000 General Obligation Improvement and Refunding Bonds, Series 2010C 0 E H L E RS Minnesota LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois wArwehlers- nc,com phone 651 - 697 -8500 3060 Centre Pointe Drive fax 651- 697 -8555 Roseville, 1 5 15 1322 Debt Issuance Services City of Hutchinson, MN Results of Bond Sale — October 12, 2010 $4,825,000 (Final $4,595,000) General Obligation Improvement and Refunding Bonds, Series 2010C Purpose: Refinance as a current refunding the 2012 through 2016 maturities ($2,535,000) of the $4,070,000 General Obligation Improvement Bonds, Series 2004A, dated August 24, 2004, and to provide long term financing for $2,500,468 of various 2010 improvement projects. Rating: Standard & Poor's "AA" reconfirmed Number of Bids: 4 Low Bidder: Wells Fargo Bank, National Association in Charlotte, NC True Interest Cost: 2.0924% Interest Savings from Low Bid High Bid Interest Savings Lowest to Highest Bid: 2.0924% 2.2921% $35,298 Summary of Results: Projected Results of Sale Difference • Principal Amount *: $4,825,000 $4,595,000 - $230,000 Discount Allowance: $60,313 $43,033 - $17,279 True Interest Cost: 2.4631% 2.0860% -0.38% Cost of Issuance: $38,000 $38,425 $425 Coupon Rates: 0.80% - 3.80% 3.00% - 3.125% Present Value Savings: $132,669 $125,556 - $7,113 Future Value Savings: $139,230 $133,306 - $5,924 Savings 2012 -16 per yr: $28,949 $29,961 $1,012 Savings Percentage: 5.140% 5.130% - 0.010% Closing Date: November 10, 2010 Council Action: Resolution Relating To S4,595,000 General Obligation Improvement and Refunding Bonds, Series 2010C; Authorizing The Issuance, Awarding The Sale, Fixing The Form And Details, Providing For The Execution And Delivery Thereof And The Security Therefor And Levying Ad Valorem Taxes For The Payment Thereof (Distributed in Council Packets) Attachments: Bid Tabulation • Updated Debt Service Schedules and Debt Plan • The size of the bond issue changed from the projected amount due to a reduction in bond proceeds needed and a reduction in underwriters' discount. W WVV. e h leis - Inc . Com E H L E RS Minnesota phone 651- 697 -8500 3060 Centre Pointe Drive LEADERS IN PURI is FINANCE Offices also in Wisconsin and Illinois fax 651 -697 -8555 Roseville, MN 551 3 -1122 �ot�� BID TABULATION $4,825,000* General Obligation Improvement and Refunding Bonds, Series 2010C CITY OF HUTCHINSON, MINNESOTA SALE: October 12, 2010 AWARD: WELLS FARGO BANK, NATIONAL ASSOCIATION RATING: Standard & Poor's Credit Markets "AA-" BBI: 3.84% NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE WELLS FARGO BANK, NATIONAL ASSOCIATION Charlotte, North Carolina I RAIRD Milwaukee, Wisconsin 0.550% $5,003,130.25 $452,561.00 0.700% 0.850% 1.100% 1.330% 1.620% 1.860% 2.080% 2.300% 2.500% 2.760% 2.900% 3.000% 3.150% 3.250% $4,873,299.00 $449,460.06 2.0924% 2.1093% *Subsequent to bid opening the issue size was decreased to $4,595,000 with the 2011 maturity decreased $10,000 to $195,000, the 2012 maturity decreased $60,000 to $770,000, the 2013 maturity decreased $50,000 to $765,000, the 2014 maturity decreased $35,000 to $710,000, the 2015 maturity decreased $15,000 to $475,000, the 2016 maturity decreased $10,000 to $610, 000, the 2017 maturity decreased $5,000 to $180,000, the 2018 maturity decreased $5,000 to $180,000, the 2019 maturity decreased $5,000 to $180,000, the 2020 maturity decreased $5,000 to $180,000, the 2021 maturity decreased $5,000 to $65,000, the 2022 maturity decreased $5,000 to $70,000, the 2023 maturity decreased $5, 000 to $70,000, the 2024 maturity decreased $10, 000 to $70,000, and the 2025 maturity decreased $5,000 to $75, 000 in maturity value. 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 3.000 % 3.000% 3.000% 3.000% 3.000% 3.000% 3.000% 3.000 %a 3.000% 3.000 % 3.000% 3.000% 3.000% 3.000% 3.125% 2.000% 2.000% 2.000% 2.000% 2.000% 2.000% 2.250% 2.500% 2.500% 2.500% 3.125% 3.125% 3.125% 3.125% 3.125% Adjusted Price - $4,766,393.92 Adjusted Net Interest Cost - $430,955.92 A djusted TIC - 2.0860 % EHLERS I PAPERS IN PURIIC FINANCF www,ehlel "S- ino.com Minnesota phone 651- 697 -8500 Offices also In Wisconsin and Illinois fax 651- 697 -8555 3060 Centre Pointe Drive Roseville, � 5 J13�1122 $4,825,000 General Obligation Improvement and Refunding Bonds, Series 2010C City of Hutchinson, Minnesota Page 2 NAME OF BIDDER MATURITY (February 1) RATE NET REOFFERING PRICE INTEREST YIELD COST TR INTEREST RATE UBS FINANCIAL SERVICES INC. 2011 2.000% $4,986,931.45 $472,366.05 2.1885% New York, New York 2012 3.000% 2013 3.000% 2014 3.000% 2015 3.000% 2016 3.000% 2017 3.000% 2018 3.000% 2019 3.000% 2020 3.000% 2021 3.000% 2022 3.000% 2023 3.000% 2024 3.250% 2025 3.250% NORTHLAND SECURITIES, INC. 2011 Minneapolis, Minnesota 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2.000% $4,853,786.35 $487,859.09 2.2921% 2.000% 2.000% 2.000% 2.000% 2.000% 2.100% 2.400% 2.650% 2.900% 3.200% 3.200% 3.500% 3.500% 3.500% 0 . FINAL- Wesults . City of Hutchinson, MN Financial Management Debt Plan Bond Information Dated Date 11/10/2010 1st Interest Pymt 2/1/2011 1st Principal Pymt 2/1/2011 Average Coupon 3.0083% TIC 3.2420% City 80,718 77,616 77,177 76,73 - _ -- 81,472 80,876 80,280 79,684 79,088 78,493 78,350 81,473 79,980 Prepared by Ehlers & Associates, Inc. 10/12/2010 0 EHLERS Levy Collect Period G. Year Year Ending Par Amount of Bonds Prepaids year 1 12/31/2006 Reoffering Premium 2006 2007 12/31/2007 Issuer Contribution 2007 2008 12/31/2008 Total Sources 2008 2009 12/31/2009 Total Underwriters Discount (1.250%) 2009 2010 12/31/2010 10 2010 201 12/31/2011 Interest (CIF) Fund 2011 2012 12/31/2012 Fund 2012 2013 12/31/2013 Total 2013 2014 1 2/31/2014 Revenue 2014 2015 12/31/2015 Cap 2015 2016 12/31/2016 Interest Interest 2016 2017 12/3 1/2017 . (119,39 . (35,519) 2017 _ 2018 - - 12/31/2018 43,905 2018 2019 12/31/2019 _ 56,119 2019 20 12131/2020 50,869 2026 2021 12/31/2021 45,6 2021 2022 12/31/2022 _ 40,294 2022 2023 12/31/2 34,894 2023 _ 2024 12/31/2024 29,494 2024 2025 12/31/2025 24,094 2025 2026 12/31/ 18,694 2026 2027 12/31/2027 13,294 2027 2028 12/3112028 9,619 2028 202 70,000 3.00% _ O 2029 _ 2030 _ 12/31/2030 5,494 75,494 79,268 70,000 3.00% _ 3 73,394 77,063 75,000 3.13% City 80,718 77,616 77,177 76,73 - _ -- 81,472 80,876 80,280 79,684 79,088 78,493 78,350 81,473 79,980 Prepared by Ehlers & Associates, Inc. 10/12/2010 0 EHLERS Assessment Project 1 G. Bonds r r 1,193,917 Par Amount of Bonds Prepaids year 1 2,150,000 Reoffering Premium 1,193,917 87,993 Issuer Contribution Prepaids year 3 306,808 Total Sources Rate 4.25% 2,544,801 Total Underwriters Discount (1.250%) 2011 20,135 Casts of Issuance 10 24,197 Deposit to Capitalized Interest (CIF) Fund Asmnt as % of Par - Deposit to Project Construction Fund 47,75% 2,500,468 Rounding Amount Total Total Principal Interest Total Uses Revenue 2,544,801 211 Cap Net P & I Principal Rate Interest Interest P81 +5.00% (159,985) . (119,39 . (35,519) _ (154,911) (154,911) 195,000 3 .00% 43,905 238,905 _ 250 , 8 851 - - ; R5,6603 .00 ° /a _ 56,119 231,119 242,675 175,000 3.00% 50,869 225,869 237,162 175,000 3.00% 45,6 220,619 231,650 180,000 3.00% _ 40,294 220,294 _ 231,308 180,000 3.00% 34,894 214,894 225,638 180,000 3.00% 29,494 20 9,4_9 4 219,968 180,000 3.00% 24,094 204,094 _ 214,298 180,000 3.00% 18,694 198,694 208,628 180,000 3.00% 13,294 193 ,294 202,958 65,000 3.00% 9,619 74,619 78,350 70,000 3.00% 7,594 77,594 81,473 70,000 3.00% 5,494 75,494 79,268 70,000 3.00% _ 3 73,394 77,063 75,000 3.13% 1,172 76,172 79,980 2,150,000 384,546 - 2,534,546 2,661,273 City 80,718 77,616 77,177 76,73 - _ -- 81,472 80,876 80,280 79,684 79,088 78,493 78,350 81,473 79,980 Prepared by Ehlers & Associates, Inc. 10/12/2010 0 EHLERS Assessment Project 1 Revenue Assessment Amount 1,193,917 Prepaids year 1 Total Assessment Amt 1,193,917 Prepaids year 2 - Prepaids year 3 - Rate 4.25% Start Year (Collection) 2011 Term 10 Calculation Method Equal Prin Asmnt as % of Par 55.53% Asmm as % of Project 47,75% Total Total Principal Interest Assessmt Revenue (119,392) ___ (50,741 ) _ (170,133 _(1133) (165,059) (119,392) (45,667) (165,059) (119,392) (40,593) (159,985) (159,985) . (119,39 . (35,519) _ (154,911) (154,911) (119,392) (30,445) (149,837) (149,837) (119,392) (25,371) (144,762) (144,762) (119,392) (20,297) (139,688) _688 (119,392) (15,222) (134,614) (134,614) (119,392) (10,148) (129,540) (129,540) (119, (5,07 4) . _ (124_466) 124,466)_ 1,193,917 279,078 1,472,995 1,472,995 City 80,718 77,616 77,177 76,73 - _ -- 81,472 80,876 80,280 79,684 79,088 78,493 78,350 81,473 79,980 Prepared by Ehlers & Associates, Inc. 10/12/2010 0 EHLERS City of Hutchinson, MN Financial Management Debt Han Levy Scbedule Ong 8 ProP9aed New (15 U.) Faeroe, - Far O.Oaldn Pwposes Only Bond Information a a,. Years Total FINAL 20103012 Cther Levy Comm imp Levy COlad Period Series Sends Series Series Sends Banes Series Soon Series Series Series Series TOUI Sedea Series Series PrO,i Proposed Levy Existing Fund Year Year Ending 19" Is" 2000 2001 2002 2003 3004 2006 2008 3007 2008 2009 Exlatln 2010 2011 2012 C1P CIP Debt Reduction LPmpsd Target Baa.c. 12131QWT 790,600 MO? 2008 12410008 160600 665300 135.000 301.030 92.500 25.500 - 146800 86200 - - - 1,624,900 - - 1.624,900 1,624,900 ful 200E 2009 121312039 158,400 619,300 68.900 365,500 119.400 27,000 19,200 146596 36,523 42097 133,200 -- 1,736088 f53.OW) 1.705,088 1,706,146 STD." 2009 2010 12IT2010 161003 601,700 86100 339,200 149,500 74,700 - 134.094 - 41,140 130,183 157 137 1,856,764 - - - 70000 1,788,764 1,791,152 826,938 _.. (37,0001 2010 2011 121312 01 1 I 592,000 58,400 189,600 151900]4,400 131,300 152937 _ 2,825_ 40,183_ 128,078 153,369 1,837814 80.718 -., .80,718_ _ - _ - 1_881,331 1 2011 2012 1213102012 - 145,300 294,903 81,400 79.100 452,500 387053 - 39,191 131.119 152410 1.142878 77,616 165.805 - 243,420 (10,000,7 1,966,39] _1,081,025 1,9f5,078 2,031,931 2012 2013 12;312013 - - - 90,500 238,000 441,600 367759 35,832 36163 128.805 151,050 1,511,709 77,177 166251 239,669 483,097 1,994,806 2,073,830 2,039,9" 2013 2014 12i3112Ct4_ - _ _ _ -, _ _._ _141200_ )86,000_ 418,900 391.886 _86,801 42290 126491 154494 1,548,063 _ 76,739 160.720 238721 _ 404,180 ___,.1 - . __126`071 2,164,243 2,177,821 2,022,670 20 14 2015 121312015 - - - 193,200 149,600 356.100 395,466 6 96.E 41,031 129,322 157 400 1,5017" ,,., 61,4)2 110785 239401 481558 3 (120.000) 4,187422 _ ;200,0" 3,173,119 2015 2016 121312016 - - _ - 481,4(10 - 288,192 39,732 131]19 154.583 1,101,627 80876 167,328 239 MO 481,8" 471,000 2,060.70 2,200,000 2,864,2" 201E 2017 121312017 - - - - - - - 472,889 36434 128,539 156,623 166,484 60,280 166846 239432 488,558 628.OW 1,913,042 2200,000 2,9 ",2" 2017 2018 12)3112018 - - - - - - - - 456771 130,267 158,180 746,218 19684 170,017 238,059 488,560 785,000 2,68j77 ],200,000 2,9 ",2" 2018 2019 12412019 - - - - - - - 404410 129.531 159,537 693.78 79,00E 165.728 237,915 482,731 942,003 - 2,118,209 2,200,000 2,964,2" 2019 2020 . 12312020 _ _ _ _ _ __ ___ _ _ __ 250 17 129,938 160,155 MO, ]0493_ 166,405 236511 f81 1,099000 _ _ - - 2,120,919 2,240,000 2,984,2" 202C 2021 1213112021 - - - - - - - IC7,074 12$964 160 003,642 78.350 166655 239,748 484,763 1,260,030 - §,1]8,396 4,200,000 3,fl4,413 2021 2022 121310022 - - - - - - - - - 129,603 160,801 290,406 81,473 168,125 237,2C9 466,807 1413,000 - 2,190,211 2,200,000 3,174413 2022_ 2023 12/31282/ _,- _._. -_ - __. _ _.. ..: _ - .._. _ _.._..1287483 150,719 71 . _289,1 79,268 10 6679 216624 1",971_ 1,570.003 . _ . (150.000) ,2,191, "2 2,200000 3 ,024 4 ,413 2022 2024 IZ41i2024 - - - - - - - - - - 160.3 55 160,3666 77,063 166.816 206,586 482,466 1,727,000 (185,600) 2,1 ",821 l 2,200,003 2839,413 2024 2025 129112025 - - - - - - - - - - 79,980 17C,603 235,863 486,747 1,854,003 (180000) 2,190,747 2,200,00 2,689,413 2025 MM 12.3112026- - _ -_ _ - _ _ - ..,,_ .. - _- _ - - -.-. 167,266 234,496 401,781 2,041603_ (245,000) 2,197,184 2,200.603 2,414419 2026 21327 12412017 - - - - - - - - - - - - - - 237,584 237,581 2.108003 (135,000) 2300,664 2200003 2,179,413 UCOnllrm • plan is to Incase. Highlighted net way M Par year, Levy ong152200,000 writer Reduction a met .a done. Project Future Debt Levy x000.000 3Mo 000 3,000.001) 2506Wo 2.000,000 1:00.000 t000,000 500,000 Year End Cash Balance Closed Bond Fund a.scdd93 accg2c0 zym,om ?nOCOO] t sw,044 17403.000 ac 900 Pro ... Od by Eham d Associ.ea, Inc 101128010 0 EHLM =7 VZO 1139 2010 2011 M12 2013 2014 2015 M18 =7 1x18 'a MM Mt x211 }p¢a N[a x325 2026 20M 2008 7,009 ?1110 2011 2012 2013 2014 2015 Mt6 2017 2018 2019 tom 2021 M22 2023 2024 2015 zone 2027 Z ati :lg I� a Lavy Reduction) OPrdpcsal CIP 2010.2012 -.,POW FUNra b8Ye82'3 -2017 Target Lavy CERTIFICATION OF MINUTES RELATING TO $4,825,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2010C Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on October 12, 2010, at 5:30 o'clock p.m., in the Council Chambers at the Hutchinson City Center. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): 1 through 20 RESOLUTION NO. RESOLUTION RELATING TO $4,825,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2010C; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of October, 2010. (SEAL) Gary D. Plotz City Administrator 1 DAP. The City Administrator reported that (__) proposals had been received by the City prior to 10:00 A.M., Central Daylight Time today for the purchase of the Bonds in accordance with the Terms of Proposal for the $4,825,000 General Obligation Improvement and Refunding Bonds, Series 2010C of the City as previously approved by a resolution of the City Council. The bids have been read and tabulated, and the terms of each have been determined to be as follows: Name of Bidder Bid for Interest Principal Rates (See Attached) Total Interest Cost -Net Average Rate 0 0 • Councilmember introduced the following resolution and moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. RESOLUTION RELATING TO $4,825,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2010C; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS. PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City "), as follows: Section 1. Recitals 1.01. Authorization This Council hereby determines that it is in the best interests of the City to issue its $4,825,000 General Obligation Improvement and Refunding Bonds, Series 2010, subject to adjustment in accordance with the Terms of Proposal (the `Bonds"), of the City (a) to finance various street and alley improvements (the "Improvements "); and (b) to refund in advance of maturity the 2012 through 2016 maturities, aggregating $ in principal . amount, of the outstanding General Obligation Improvement Bonds, Series 2004A, dated August 24, 2004 (the "Refunded Bonds'). The Refunded Bonds will be redeemed on February 1, 2011 (the "Redemption Date "). 1.02. Sale of Bonds The City has retained Ehlers & Associates, Inc., an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, (_) sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of of (the "Purchaser "), to purchase the Bonds at a price of $ the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Issuance of Bonds All acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to the issuance of the Bonds have been done, do exist, have happened, and have been performed, wherefore it is now necessary for this Council to establish the form and terms of the Bonds, to i provide for the security thereof, and to issue the Bonds forthwith. 1.04. Maturities This Council finds and determines that the maturities of the Bonds, as • set forth in Section 3.01 hereof, are warranted by the anticipated collection of the assessments and ad valorem taxes to be levied for the cost of the Improvements. 1.05. Consolidation of Improvements Pursuant to Minnesota Statutes, Section 435.56, the Improvements are hereby consolidated and joined as one project for purposes of financing. Section 2. Form of Bonds The Bonds shall be prepared in substantially the following M 1"11 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF McLEOD CITY OF HUTCHINSON GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BOND, SERIES 2010C No. R- Date of Rate Maturi Original Issue CUSIP February 1, _ November 10, 2010 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "City "), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date of original hereof specified above at the annual rate specified above computed on the basis of a 360 -day year consisting of twelve 30 -day months, payable on February 1 and August I in each year, commencing February 1, 2011, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft of Bond Trust Services Corporation, in Roseville, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the "Bond Registrar'), or its successor designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $4,825,000 (the "Bonds "), all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued pursuant to a resolution adopted by the City Council on October 12, • 2010 (the "Resolution ") to pay the cost of construction of local improvements and to provide funds to refund certain general obligation bonds of the City issued to pay the cost of construction of local improvements, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. This Bond is payable primarily from the 2010 Improvement and Refunding Bond Fund (the "Fund ") of the City, but the City is required by law to pay maturing principal hereof and interest thereon out of any funds in the treasury if moneys on hand in the Fund are insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in the years 2011 through 2019 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 2020 and thereafter are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in the maturities selected by the City and by lot, assigned in proportion to their principal amount, within any maturity, on February 1, 2019 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. [Bonds maturing on February 1, 20 are subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: Sinking Fund Aggregate . Payment Date Principal Amount 20 $ 20 (maturity) ] At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond, not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. The Bonds have been designated by the City as "qualified tax- exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon • surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, I b ICk)- duly executed by the registered owner or his attorney; and may also be surrendered in exchange • for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the local improvements and ad valorem taxes on all taxable property within the City, collectible in the years and amounts required to produce sums not less than 5% in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Fund in the manner specified in Minnesota Statutes, Section 429.091, Subdivision 4; that, to take care of any accumulated or anticipated deficiency in the Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in • the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any charter, constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of the Bond Registrar, or in the event the City Finance Director is no longer acting as Bond Registrar, one of the authorized representatives of the Bond Registrar. IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. CITY OF HUTCHINSON, MINNESOTA City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: BOND TRUST SERVICES CORPORATION, as Bond Registrar C Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM — as tenants in common UNIF TRANS MIN ACT ....... .........Custodian .............. (Cult) (Minor) • TEN ENT — as tenants by the entireties JT TEN — as joint tenants with right of survivorship and not as tenants in common under Uniform Transfers to Minors Act .................... ............................... (State) Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: NOTICE: This signature(s) to this assignment must correspond with the name as it appears upon the face of the within 1 °(a-) Bond in every particular, without alteration, • enlargement or any change whatsoever. Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. [End of Bond Form] Section 3. Bond Terms, Execution and Delivery 3.01. Maturities, Interest Rates, Denominations, Pavment The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Improvement and Refunding Bonds, Series 2010C" and shall be payable primarily from the 2010 Improvement and • Refunding Bond Fund created in Section 5.02 hereof. The Bonds shall bear a date of original issue as of November 10, 2010, shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from the date of original issue until paid or duly called for redemption at the rates per annum shown opposite such years and amounts as follows: Year Amount Rate Year Amount Rate 2011 $205,000 2019 $185,000 2012 830,000 2020 185.000 2013 815,000 2021 70,000 2014 745,000 2022 75,000 2015 490,000 2023 75,000 2016 620,000 2024 80,000 2017 185,000 2025 80,000 2018 185,000 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Each Bond shall be dated by the Registrar as of the date of its • authentication. • 3.02. Dates; Interest Payment Dates Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 2011, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest on the Bonds will be computed on the basis of a 360 -day year consisting of twelve 30 -day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. 3.03. Registration The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the "Registrar "). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City • upon such Bond to the extent of the sum or sums so paid. �D(a) (g) Taxes, Fees and Charges For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. Appointment of Initial Registrar The City hereby appoints Bond Trust Services Corporation in Roseville, Minnesota, as the initial Registrar. The Mayor and City Finance Director are authorized to execute and deliver, on behalf of the City, a contract with Bond Trust Services Corporation, as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director shall transmit to the Registrar from the 2010 Improvement Bond Fund described in Section 5.02 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05. Redemption (a) Bonds maturing in the years 2011 through 2019 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 2020 and thereafter shall each be subject to redemption and prepayment, at the option of the City, in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 2019 and on any date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. [(b) Bonds maturing on February 1, 20 (the Term Bonds) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 3.05 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by • • lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Year Amount 20 $ 20 $ *Final Maturity] (c) At least thirty days prior to the date set for redemption of any Bond, the City Administrator shall cause notice of the call for redemption to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at which the Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. In addition to the notice prescribed by the preceding paragraph, the City shall also give, or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least 35 days before the redemption date by certified mail or telecopy to the Purchaser and all registered securities depositories then in the business of holding substantial amounts of obligations of the character of the Bonds and one or more national information services that disseminate information regarding municipal bond redemptions; provided that any defect in or any failure to give any notice of redemption prescribed by this paragraph shall not affect the validity of the proceedings for the redemption of any Bond or portion thereof. Bonds in a denomination larger than $5,000 may be redeemed in part in any integral multiple of $5,000. The owner of any Bond redeemed in part shall receive, upon surrender of such Bond to the Registrar, one or more new Bonds of such same series in authorized denominations equal in principal amount to the unredeemed portion of the Bond so surrendered. 3.06. Preparation and Delivery The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator. In case any officer whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall • be conclusive evidence that it has been authenticated and delivered under this resolution. When C(O-) the Bonds have been so executed and authenticated, they shall be delivered by the City • Administrator to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the purchaser shall not be obligated to see to the application of the purchase price. 3.07. Securities Depository (a) For purposes of this Section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker - dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter from the City to DTC. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon • • delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor, in the form presented to this Council with such changes, omissions, insertions and revisions as the Mayor shall deem advisable, is hereby authorized, and execution of the Representation Letter by the Mayor shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) • or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Use of Proceeds Upon payment for the Bonds by the Purchaser, the City Finance Director shall deposit and apply the proceeds of the Bonds as follows: (a) $ pursuant Section 5.01 hereof; and shall be deposited in the Construction Fund created (b) $ to the sinking fund established for the Refunded Bonds to be applied to their redemption and prepayment on the Redemption Date; and the remaining proceeds of the bonds shall be applied to pay costs of issuance of the Bonds. Section 5. Security Provisions 5.01. 2010 Improvement and Refunding Construction Fund There is hereby created a special bookkeeping fund to be designated as the "2010 Improvement and Refunding • Construction Fund" (the "Construction Fund "), to be held and administered by the City Finance Director separate and apart from all other funds of the City. The City appropriates to the � 0 �°-� Construction Fund (a) the proceeds of the sale of the Bonds to be deposited therein as specified • in Section 4, and (b) all collections of special assessments levied for the Improvements until completion and payment of all costs of the Improvements. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the Bond Fund, created in Section 5.02 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all costs of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds set forth in Section 9 hereof. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 5.02. 2010 Improvement and Refundine Bond Fund So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Finance Director shall maintain a separate and special bookkeeping fund designated "2010 Improvement and Refunding Bond Fund" (the "Bond Fund ") to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom. The City irrevocably appropriates to the Bond Fund (a) all amounts on deposit in the debt service fund maintained for the payment of the Refunded Bonds upon the redemption of the Refunded Bonds and all future collections of special assessments received with respect to the improvements financed by the Refunded Bonds following the redemption of the Refunded Bonds; (b) all collections of special assessments levied for the Improvements received following the completion and payment of all costs of the Improvements; and other funds to be credited and paid thereto in accordance with the provisions of Section 5.01, (c) any taxes levied in accordance with this resolution, (d) all income derived from the investment of amounts on hand in the Bond Fund, and (e) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the `Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one - twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus • Account to the extent necessary to cure such deficiency. • The City reserves the right to establish a revolving fund pursuant to Minnesota Statutes, Section 429.091, subdivision 7a, and to provide that the Bonds shall be payable from such revolving fund. If the City determines to establish such a revolving fund and to provide that the Bonds are payable therefrom, then any remaining amounts in the Construction Fund shall be deposited in the construction account in the revolving fund and amounts in the Bond Fund shall be deposited in the debt service account in the revolving fund. Any future collections of special assessments levied with respect to the Improvements shall be deposited in the construction account or debt service account as the City Council or an officer designated by the City Council may determine. 5.03. Additional Bonds The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if any, which, together with other moneys or revenues pledged for the payment of said additional obligations, will produce revenues at least five percent (5 %) in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. The additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. 5.04. Levy of Special Assessments The City hereby covenants and agrees that for payment of the cost of each of the Improvements it will do and perform all acts and things • necessary for the full and valid levy of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20 %) of the cost of the Improvements. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. The Council presently estimates that the special assessments shall be in the principal amount of $ payable in not more than 10 installments, the first installment to be collectible with taxes during the year 2011, and that deferred installments shall bear interest at the rate of % per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. 5.05. Ad Valorem Taxes The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds as the same become respectively due. For the purpose there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be spread upon the tax rolls prepared in each of the following years and collected with other taxes in the following years and amounts as follows: C) 6-) Levy Collection Year Year Amount . 2010 2011 $ 2011 2012 2012 2013 2013 2014 2014 2015 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 2025 The foregoing tax levies are such that if collected in full they will produce at least five percent (5 %) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies • in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 5.06. Full Faith and Credit Pled €ed The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants contained in this resolution. It is estimated that the taxes and special assessments levied and to be levied for the payment of the Improvements will be collected in amounts not less than five percent (5 %) in excess of the annual principal and interest requirements of the Bonds. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on February 1 in any year the sum of the balance in the Bond Fund plus the amount of taxes and special assessments theretofore levied for the Improvements and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 5.06, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. Section 6. Defeasance When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the paying agent on or before that date a sum sufficient for • the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 7. Registration Certification of Proceedings. Investment of Moneys, Arbitrage Official Statement; and Redemption of Refunded Bonds 7.01. Registration The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on his bond register and that the tax required for the payment thereof has been levied and filed as required by law. 7.02. Certification of Proceedings The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the • City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 7.03. Covenant The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code "), and Regulations promulgated thereunder (the "Regulations "), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Improvements and any other improvements financed pursuant to Section 5.01 will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, use or other agreement with any non- governmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" within the meaning of Section 141 of the Code. 7.04. Exemption from Rebate Requirement For purposes of complying with the requirements of Section 148(f)(4)(D) of the Code relating to the exemption of certain small • governmental units from the rebate requirements of the Code, the City represents that with `O &) respect to the portion of the Bonds issued to finance the Improvements (the "New Money Bonds"): (i) the City is a governmental unit with general taxing powers; (ii) the New Money Bonds are not "private activity bonds" as defined in Section 141 of the Code ( "Private Activity Bonds "); (iii) ninety -five percent of the net proceeds of the New Money Bonds are to be used for the local governmental purposes of the City; and (iv) the aggregate face amount of all tax - exempt bonds (other than Private Activity Bonds and refunding bonds not taken into account under Section 148(f)(4)(D)(i)(IV) of the Code pursuant to Section 148(f)(4)(D)(iii) of the Code) issued by the City in 2010 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of Section 148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code with respect to the New Money Bonds. It is hereby determined that the Bonds issued to refund the Refunded Bonds qualify for the "small issuer" exemption from arbitrage rebate set forth in Section 148(f)(4)(D) of the Code, as modified by Section 148(f)(4)(D)(v) of the Code since: (i) the Refunded Bonds qualified for the exception from arbitrage rebate provided by Section 148(f)(4)(D)(i) of the Code; (ii) the aggregate face amount of the bonds issued to refund the Refunded Bonds does not exceed $5,000,000; (iii) the average maturity of the Bonds issued to refund the Refunded Bonds does not exceed the remaining weighted average maturity of the Refunded Bonds; and (iv) no Bond has a maturity date which is later than the date which is 30 years after the date the Refunded Bonds were issued. Therefore, pursuant to the provisions of Section 148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code with respect to the portion of the Bonds issued to refund the Refunded Bonds. 7.05. Arbitrage Certification The Mayor and City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148- 2(b)(2) of the Regulations, stating the facts and estimates in existence on the date of issue and delivery of the Bonds which make it • reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. 7.06. Interest Disallowance The City hereby designates the Bonds as "qualified tax - exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 2010 it does not reasonable expect to issue tax- exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $30,000,000. 7.07. Official Statement The Official Statement relating to the Bonds, dated September 30, 2010, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 7.08. Redemption of Refunded Bonds All of the Refunded Bonds shall be called for redemption on the Redemption Date, and the Finance Director is hereby authorized and directed to take all actions necessary to redeem the Refunded Bonds on the Redemption Date. Section 8. Continuing Disclosure (a) Purpose and Beneficiaries To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2 -12 promulgated by the Securities and Exchange Commission (the "SEC ") under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule "), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only `obligated person" in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this Section 8, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 8, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Section 8 constitute a default under the Bonds or under any other provision of this resolution. As used in this Section 8, "Owner' or `Bondowner" means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any `Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, "Beneficial Owner' means, in respect of a Bond, • any person or entity which (i) has the power, directly or indirectly, to vote or consent with libL_ respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds • through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. As used herein, "Outstanding" when used as of any particular time with reference to Bonds means all Bonds theretofore, or thereupon being, authenticated and delivered by the Registrar under this Resolution except (i) Bonds theretofore canceled by the Registrar or surrendered to the Registrar for cancellation; (ii) Bonds with respect to which the liability of the City has been discharged in accordance with Section 6 hereof; and (iii) Bonds for the transfer or exchange or in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to this Resolution. (b) Information To Be Disclosed The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2010 the following financial information and operating data in respect of the City (the "Disclosure Information "): (A) the audited financial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Minnesota, containing balance sheets as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, showing in comparative form • such figures for the preceding fiscal year of the City, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type set forth below, which information may be unaudited, but is to be certified as to accuracy and completeness in all material respects by the City's financial officer to the best of his or her knowledge, which certification may be based on the reliability of information obtained from governmental or third party sources: Current Property Valuations; Direct Debt; Tax Levies & Collections; Population Trend; and Employment/Unemployment. • Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (b) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board ( "MSRB "). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this Section 8 is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non - payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax - exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities; and (K) Rating changes. As used herein, a `Material Fact' is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an • investor from the Official Statement, information disclosed hereunder or information generally `D(a) available to the public. Notwithstanding the foregoing sentence, a "Material Fact' is also an • event that would be deemed "material' for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this Section 8 pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this Section 8 pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure The City agrees to make available the information described • in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) The City agrees to make available to the MSRB, in an electronic format as prescribed by the MSRB from time to time, the information described in subsection (b). (2) The City further agrees to make available, by electronic transmission, overnight delivery, mail or other means, as appropriate, the information described in subsection (b) to any rating agency then maintaining a rating of the Bonds at the request of the City and, at the expense of such Bondowner, to any Bondowner who requests in w7iting such information, at the time of transmission under paragraph (1) of this subsection (c), or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. (3) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation is • (1) The covenants of the City in this Section 8 shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 8 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this Section 8 will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 8 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of the City Council filed in the office of the City Administrator of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this Section 8 as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the • primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 8 is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Section 9. Authorization of Payment of Certain Costs of Issuance of the Bonds The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Resource Bank & Trust Company, Minneapolis, Minnesota, on the closing date for further distribution as directed by the City's financial advisor, Ehlers & Associates. Inc. Mayor 0 Attest: �b6a-) n L City Administrator L1 11 • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following Councilmembers voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. • n U �t An Economic Developmen Authority MEMORANDUM Date: October 5, 2010 To: Honorable Mayor & City Council From: Miles R. Seppelt Economic Development Director RE: Action to "De- federalize" Federal Minnesota Investment Fund (MIF) dollars Backaround As you know, the Hutchinson EDA recently obtained several grants on behalf of the City from the state's Minnesota Investment Fund (MIF) in order to provide low interest loans to local businesses. Grants of $200,000 and $500,000 were obtained from DEED, with the proceeds being lent to Warrior Mfg. and Customer Elation respectively for the purchase of equipment. Both of these grants were funded from the federal Pool of MIF dollars that the State of Minnesota administers. Because it was originally federal money, the City of Hutchinson gets to keep 100% of the funds, plus interest, as the companies repay their loans. Both Warrior Mfg. and Customer Elation have met their job creation goals as far as DEED is concerned, and both grants have now been "closed out" by the State. As it stands, the city can re -lend those funds to companies, however they must observe all the federal rules and mandates that go along with those dollars. These are: 1) Projects must complete an environmental review 2) At least 51% of all jobs created must go to "low -to- moderate" income (LMI) families 3) Employees must be surveyed to determine LMI status and annual reports must be made to DEED to document LMI job creation. The City can however eliminate those federal rules and mandates by "de- federalizing" the MIF funds. Rationale By "de- federalizing" the MIF funds they can be used to assist businesses in a more streamlined fashion. The loan application process will be speeded up, more businesses will be eligible for funds, and we will eliminate reporting requirements for both city staff and the companies we lend to. At the same time the funds will continue to be used for their original purpose: to aid local businesses and to create good - paying local jobs. � c)(-,6) Requested Action In order to "de- federalize" the MIF dollars, the City Council has to request that the Hutchinson EDA be designated as a "Local Development Organization (LDO)." Enclosed is a resolution to that effect. In addition, the MIF dollars will have to be transferred from the city's federal revolving loan fund to the EDA's Economic Development Loan Fund — in essence making the EDA the "owner" of those funds. I will be in attendance at the October 12'" City Council meeting to make a short presentation and answer any questions you may have. In the meantime, if you have any questions or need additional information, please give me a call at 234 -4223 at any time. Thank you for your time and consideration t oc�) RESOLUTION No. 13799 REQUESTING DESIGNATION OF THE HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY AS A LOCAL DEVELOPMENT ORGANIZATION (LDO) WHEREAS, the City of Hutchinson (the "City ") would like to better utilize the Small Cities Development Program (SCDP) Economic Development Set -Aside federal funds; and, WHEREAS, if the City retains these funds and their repayment, the funds retain the federal designation and guidelines forever; and, WHEREAS, the City by resolution, can request from the Minnesota Department of Employment and Economic Development ( MNDEED), authorization to transfer federal SCDP Economic Development Set -Aside funds to a Local Development Organization (LDO); and WHEREAS, the Hutchinson Economic Development Authority is interested in being designated as an LDO and is a non - profit organization serving the community and economic development needs of a non - entitlement area; and WHEREAS, the Hutchinson Economic Development Authority has adopted procedures and guidelines for the use of the federal funds and the repayment of the federal funds plus any interest accrued, earned or paid thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hutchinson that it hereby requests approval from the MNDEED to designate the Hutchinson Economic Development Authority as a Local Development Organization (LDO), serving the community and economic development needs of the City and, therefore, authorize them to receive the repayments from the SCDP Economic Development Set -Aside loans to Warrior Manufacturing, LLC and Customer Elation Inc. I CERTIFY THAT the above Resolution; was adopted by the City Council of the City of Hutchinson on the 12`" day of October, 2010. ATTEST: Gary D. Plotz City Administrator Steven W. Cook Mayor ! ', AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND THE LOCAL DEVELOPMENT ORGANIZATION Project Title: Customer Elation, Inc Award Amount: $500,000 Terms of the Agreement: Grant Number: CDAP -07- 0008- H -FY07 The City of Hutchinson has designated the Hutchinson Economic Development Authority (EDA) as the Local Development Organization (hereafter "LDO "). On behalf of the City, the LDO will administer the full $500,000 award to Customer Elation, Inc. • The LDO agrees to lend the federal funds to businesses that qualify for funding under the EDA's Economic Development Loan Programs. • The LDO will retain in its possession the principal and interest from the repayment of the federal portion of the loan to the Company. • With the repayment from the Company, the LDO will establish and retain a revolving loan fund to further economic development in the community. • The LDO must adhere to the general and special conditions set forth by the Grant Agreement executed between the City and the Minnesota Department of Employment and Economic Development while the grant is open. • If the general and special conditions are not met as specified by the Grant Agreement, the City has the right to request the dollars from the LDO to satisfy those conditions set forth by the Grant Agreement. • The City will remain the Project Director for this grant. Approval: City of Hutchinson Steven W. Cook Mayor Hutchinson Economic Development Authority Tim Ulrich EDA President Ib�) AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND THE LOCAL DEVELOPMENT ORGANIZATION Project Title: Warrior Mfg. Grant Number: CDAP -06- 0012- H -FY07 Award Amount: $200,000 Terms of the Agreement: ■ The City of Hutchinson has designated the Hutchinson Economic Development Authority (EDA) as the Local Development Organization (hereafter "LDO "). ■ On behalf of the City, the LDO will administer the full $200,000 award to Warrior Mfg. ■ The LDO agrees to lend the federal funds to businesses that qualify for funding under the EDA's Economic Development Loan Programs. ■ The LDO will retain in its possession the principal and interest from the repayment of the federal portion of the loan to the Company. ■ With the repayment from the Company, the LDO will establish and retain a revolving loan fund to further economic development in the community. The LDO must adhere to the general and special conditions set forth by the Grant Agreement executed between the City and the Minnesota Department of Employment and Economic Development while the grant is open. ■ If the general and special conditions are not met as specified by the Grant Agreement, the City has the right to request the dollars from the LDO to satisfy those conditions set forth by the Grant Agreement. ■ The City will remain the Project Director for this grant. Approval: City of Hutchinson Hutchinson Economic Development Authority Steven W. Cook Mayor Tim Ulrich EDA President it)(-6) October 13, 2010 Mr. Brad Simenson Senior Loan Officer Office of Business Finance MN Department of Employment and Economic Development 1 National Bank Building 332 Minnesota Street, Suite E200 St. Paul, MN 55101 RE: LDO Designation Dear Mr. Simenson, The City desires to transfer funds from the City's federal revolving loan fund to the LIDO. All proceeds from the loan payments of Warrior Mfg. and Customer Elation, Inc. will be transferred to the LDO. For ease of administration, all existing agreements between the city and these two companies will remain in place, with loan repayments being transferred from the city's federal revolving loan fund to the LDO monthly until each loan is repaid in full. Enclosed please find the following: A) A copy of the Resolution that requests the MN Department of Employment and Economic Development's approval for the designation and the transfer of funds. B) Copy of the agreement between the city and the LDO regarding the Warrior Mfg. grant, CDAP -06- 0012- H -FY07. C) Copy of the agreement between the city and the LDO regarding the Customer Elation, Inc. grant, CDAP -07- 0008- H -FY07. The City of Hutchinson understands that by transferring these funds to an LDO, the City gives up control over the funds and cannot recall the funds from the LDO. Sincerely, Gary D. Plotz City Administrator 1 U05� Hutchinson Public Library Board Minutes Monday, July 26, 2010 Present: Abby Dahlquist, Roger Vacek, Stacey Nass, Janet Vacek and Mary Henke, Ex- Officio Excused: John Paulsen and Guy Stone Janet called the meeting to order. The minutes from the last meeting were reviewed and approved (motion by Roger and seconded by Abby). Old Business Three McLeod County libraries presented library activities for 2008, 2009, and 2010 to the McLeod Co Commissioners on July 20. The 2011 budget requests are the same as 2009 and 2010. Hutchinson Leader coverage was in the July 22 paper —front page article titled "Libraries benefit from new money" highlighted the Minnesota Legacy program. Recent and near term Legacy programs in our area: A. Bringing Books to Life - -Going West July 29 10 AM - -Meet Kirsten August 11 10 AM - -Unto a Good Land August 317 PM B. Poetry writing workshop with John Minczeski was held Sat July 24 with 13 participants. The author also submitted a list of books to use as guides and recommended a web site. C. The bus trip /tour to Laura Ingalls Wilder Museum will be on Wed Aug 11. Fifty five (55) folks have signed up to go and there is a list of folks on backup. D. Minnesota's Greatest Generation: Target dates and programs approved: -- Oct 19 (Oct 12 option) "Accidental Hero" (first choice) Backup David Kenney "Minnesota Goes to War" - -Nov "Film Festival Series" tentative choice New Business Beginning level library staff will need two replacements because of family moves and attending college. Mary H is reviewing applications and will hire as needed. Next meeting: No meeting in August due to the August 31 program (library board to assist at 6:30 PM). Next meeting is in September. Meeting adjourned (motion by Abby, second by Stacey) Submitted, Roger Vacek, Co- Secretary 1� (js�) 4 T« Citizens of the Hutchinson Fire District, Mayors, City Councils, and Town Board Supervisors From: Brad Emans, Fire Chief Date: 10/0412010 Re: Monthly Update on Activities of the Fire Department Fire Department Response: The Fire Department responded to 30 calls for service in the month of September. Fire Officer Only Response: A "fire officer only" responded to 9 calls in September saving the Hutchinson Fire District the cost of a "general' alarm estimated at $1,602.0 0 far the month. Response Time (First Emergency Vehicle Out of the Door): September— 4 minutes 38 seconds. It should be noted that the road reconstruction on Adams Street has had a very adverse effect on the response time in September, and I expect that trend to continue until the project is completed in November. Example of a Few of the Calls: • The FD responded to a possible house fire in the northeast part of the city when the reporting party saw heavy white smoke coming from behind the neighbor's house. The neighbor was just fogging the backyard for mosquitoes; • The FD responded to a call of smoke in the hallway in a large multi - family complex located in the northeast part of the city. Firefighters determined burnt food on the third floor activated the alarm, smoke ventilation was need; • The FD responded to an early morning home fire in the rural fire district that was being occupied by the parents and eleven children. The home did not have a working smoke detector. All of the residents were forced to jump out of the bedroom windows to escape. This fire was within seconds of becoming the largest loss of life due to fire in Minnesota history. The cause of the fire was an air pump used for the aquarium which was located in the living room; • The FD responded to a house fire in the northeast part of the city, upon arrival moderate smoke was coming from the home. Firefighters extinguished the fire, checked the house for extension with the thermal imaging camera, and ventilated the smoke out The cause of the fire was "stuff" piled too close to the kitchen range; • The FD responded to a boat on fire parked next to a garage. Firefighters extinguished the fire and checked the garage with the thermal imaging camera for extension. The cause of the fire is under investigation; • The FD responded to an alarm activation in a multi-family apartment building in the northeast part of the city. Firefighters encountered smoke in the hallway, determined that it was food burning on the stove, extinguished the fire, checked the apartment for extension with the thermal imaging camera, and ventilated the apartment and the hallway. Breakdown of the Calls for the Month: City Type of Call Residential Number for the Mon 3 Commercial/Industrial 5 Multi-Family 3 School _ 1 Grass 0 Medical 4 CO 0 Rescue 0 Haz-Mat Leak/Spill 8 Vehicle 1 Sky-Warn 0 Mutual Aid 0 Total 25 Structure Fires 1 Arson 0 Rural: Type of Call Number for the Month Residential 1 Commercial / Industrial 0 School 0 Farm Building 0 Grass 1 Medical 2 CO 0 Rescue 0 Haz -Mat Leak/Spill 0 Vehicle 1 Mutual Aid 0 Total 5 Structure Fires 1 Arson 0 Training: Firefighters trained on the following topics/equipment in September: • Firefighters are required to have 16 hours of out of network medical training yearly. This past month firefighters trained on patient assessment, shock, hypothermia, & back boarding; • Firefighters trained on basic firefighting activities such as: Hose advancement, master streams, and basic pump operation. • Four Hutchinson firefighters tested for State Certified Firefighter II. In order to state certified they must pass a written test on leadership, incident command, fire ground operations, and hazardous materials, plus pass a practical hands-on / table -top exam. • Page 2 ktC'6) Fire Prevention / Public Relations / Other Information: Firefighters participated in "Wheels for a Cause'; • Firefighters hosted the annual "Open House" to show fire equipment, and demonstrate fire safety techniques including how residential sprinklers actually work. Measurements: Number of calls that required more than one engine, one IC, and four firefighters for September: 10 Estimated dollars lost to fire for the September: $115,000 Estimated dollars saved for the September. $125,000 • Page 3 (,�) f i RA Hutchinson Housing & Redevelopment Authority Special Strategic Planning Meeting Tuesday, July 12, 2010, 12:00 Noon Minutes 1. CALL TO ORDER: Chairman Joel Kraft called the meeting to order. Members Present: Becky Felling, and LaVonne Hansen. Staff Present: Jean Ward and Judy Flemming. 2. STRATEGIC PLANNING PROCESS The group reviewed the HRA vision, mission, and five -year work plan with the objectives, goals and strategies. 3. ADJOURNMENT There being no other business, Chairman Joel Kraft declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director Becky Strategic Planning Meeting July 12, 2010 Minutes Page I of I 1 ) (C) f RA Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, August 17, 2010 7:00 AM Minutes 1. CALL TO ORDER: Chairman Joel Kraft called the meeting to order. Members Present: Bill Arndt, Becky Felling and Ruth Kimball. Staff Present: Jean Ward and Judy Flemming. 2, CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON JULY 20, 2010 Ruth Kimball moved to approve the Minutes of the regular board meeting as written. Joel Kraft seconded and the motion carried unanimously. 3. FINANCIAL REPORTS Bill Arndt moved to approve the City Center General Fund payments of $14,936.64 for checks 7654 to 7662 and July 2010 Financial Statements and Park Towers payments of $97,635.41 for checks 11222 to 11251 and June 2010 Financial Statements. Becky Felling seconded and the motion carried unanimously. 4. PARK TOWERS UPDATES Jean Ward updated the Board on the Weatherization Assistance Program project. Another update is that the bed bugs were back; the thermo treatment did not work, so now the chemical treatment will be used. 5. NE NEIGHBORHOOD UPDATE Bill Arndt moved to approve Resolution #10 -09, Amendment to City SCDP Owner Occupied Housing Rehab Program Procedural Guide. Ruth Kimball seconded and the motion carried unanimously. 6. SCHOOL CONSTRUCTION PROGRAM 1116 LEWIS AVE UPDATE Jean Ward updated the Board on the radon mitigation at 1116 Lewis Avenue — an interior drain tile will be installed. 7. SCHOOL CONSTRUCTION PROGRAM 318 ALAN STREET- CONSIDERATION OF AUTHORIZING THE LOAN REVIEW COMMITTEE TO APPROVE ENTERING INTO A PURCHASE AGREEMENT UPON REVIEW OF FAVORABLE PROJECT BUDGET. The Board decided that Jean could do an email survey of the Board for approval to submit a purchase agreement. 8. DAN HATTEN -CITY OF HUTCHINSON NUISANCE ORDINANCE Dan Hatten gave the Board a presentation on the City of Hutchinson Nuisance Ordinance. 9, IAN MCDONALD — CORNERSTONE MORTGAGE UPDATES ON FIRST TIME HOMEBUYER MORTGAGE PROGRAMS INCLUDING NEW MHFA PROGRAM AFFORDABLE ADVANTAGE FIRST TIME HOME BUYER PROGRAM AND REVIEW OF HUTCHINSON HRA ENTRY COST ASSISTANCE PROGRAM GENERAL CRITERIA Bill Arndt moved to approve the revised Hutchinson HRA Entry Cost Assistance Program General Criteria. Ruth Kimball seconded and the motion carried unanimously. August 17, 2010 Minutes Page I oft ��� 10. CONSIDERATION OF RESOLUTION NO. 10 -07 APPROVING REVISED REVOLVING SINGLE FAMILY EQUITY GAP PROCEDURAL GUIDELINES Ruth Kimball moved to approve Resolution #10 -07 approving revised revolving single family equity gap procedural guidelines. Bill Arndt seconded and the motion carried unanimously. 11. CONSIDERATION OF RESOLUTION NO. 10 -08 APPROVING AMENDED HRA PERSONNEL POLICY Bill Arndt moved to approve Resolution #10 -08 approving amended HRA personnel policy. Ruth Kimball seconded and the motion carried unanimously. 12. PARK TOWERS UPDATE CONTINUED Jean Ward reviewed with the Board the 2011 Draft Budget. 13. OTHER - FYI a. Planning Staff Meeting Agenda b. 2010 List of Hutchinson Foreclosure Sales to Date and new information from MHFA regarding foreclosure 14. ADJOURNMENT BiII Arndt moved to adjourn and Ruth Kimball seconded. There being no other business, Secretary /Treasurer Becky Felling declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director August 17, 2010 Minutes Page 2 of 2 I CC) MINUTES Parks, Recreation & Community Education Advisory Board August 2, 2010 Members present were Jim Waldron, Jay Bartholomew, Chad Czmowski Mary Christensen, Mike Retterath and Deane Dietel. Also present were Dolf Moon and Karen McKay. The meeting was called to order at 5:15 pm. A motion was made by Chad Czmowski and seconded by Deane Dietel to approve the minutes dated April 5, 2010. The board unanimously agreed. OLD BUSINESS City /School Advisory Committee — The advisory committee will meet to review facilities and information on financial issues. Summer Wrap Up — The board reviewed statistics from summer participation. There was a good turnout for youth athletic camps and swim lessons. A comparison of participants from '09 to '10 will be available at the next meeting. The requests for getting fees waived increased in '10. There is some compensation from United Way of McLeod County to cover the waived fees. Ice Resurfacer Legislation — Nothing has happened yet at the legislative level that would require ice arenas to have stricter air quality standards. Budget - City — City staff is working to reduce the proposed budget for 2011. Twelve possible positions will be eliminated. PRCE has been asked to reduce its budget by $95,000 on top of a $190,000 reduction in 2009 and $350,000 in 2003. A permanent part-time position will be cut in the PRCE office and there will be a 10% reduction of wages at the Event Center. Programs will not be reduced; the quality of maintenance may suffer as more green space is added to the park maintenance schedule. Projects -West River/Utilities — City staff and the Chamber's Leadership group planted landscape materials at the Hutchinson Utilities building on the corner of Highway 7 and 15. Hutch Utilities provided the materials. Phases two and three will be done some time in the future. -Rotary Park — A swing set was added to the playground. The picnic shelter had electricity installed. -Lions Park West— A swing set was added; wood chips will replace the sand this is currently there. - School Campus — The baseball field and fencing have been removed. A soccer field will be developed in the old baseball field area. It is hopeful that the turf will be seeded before winter. The new baseball field, located north of the Middle School, will have an irrigation system installed soon. Blue Zone — Minnesota Author, Dan Buettner, studied the people of the world living to the age of 100 years. There were nine keys to living a longer life some of which include exercising more, eating better, finding a purpose in life and becoming a part of a community (groups /organizations). Blue Zone is a trademark process and Mr. Buettner charges $15,000 for a one -hour group session. 11U) MINUTES PRCE Advisory Board August 2, 2010 Page two Hutchinson is trying to pilot its own "Blue Zone" by focusing on three key elements and educating the community by eating right, exercising more and connecting to community. Representatives from the community include the school district, city, hospital and fitness groups. Crow River Dam — The water flow is down from last year. City staff is happy with the performance of the dam's design. The landscape material is doing well. Volunteerism — There is a lot of volunteering going on in Hutchinson. PRCE used to pay coaches for its youth programs, now parents volunteer and have their child's registration fee waived. Parents volunteer for advisory boards and coach the Junior Baseball, Girls Softball, and Hockey Associations as well as run their tournaments. Volunteerism does require preparation and supervision by city staff. BOARD MEMBER ITEMS A board member received an e -mail complaining about tall grass under park benches Four board members are no longer on the advisory board. Two member's terms expired; Deane Dietel and Beth Hepola. Scott Scholl and Lora Muilenberg accepted new jobs out of town. Dolf thanked former board members for their service. There will be an advertisement for new members in the Hutchinson Leader and on the City website. Deane Dietel invited board members to the annual clean-up of the Crow River on September 18` There will not be a board meeting in September due to the Labor Day holiday. The meeting was adjourned at 6:20 pm by a motion made by Mary Christensen and seconded by Mike Retterath. The Board unanimously agreed. ��W) To: Mayor and Council From: Candice Woods, Liquor Hutch Director Date: 10/01/10 Re: Quarterly Report July — September 2010 2010 Year to Date Sales: $3,649,353 2009 $3,651,178 Change 0.1% decrease Liquor $1,177,904 $1,176,911 0.1% increase Beer $1,895,542 $1,909,218 0.7 %decrease Wine $ 502,618 $ 494,169 1.7% increase (Note: 2009 annual sates= $5,020,819 2010 Budget sales projection = $5,024,236) Year to Date Gross Profit Dollars: $887,164 $876,272 1.2% increase Customer Count: 161,094 Average Sale per Customer: $22.65 Gross Profit Percentage: 24.31% 162,845 1,751 decrease $22.42 $.23 increase 24.00% (Note: Industry Benchmark for GA% = 23 %) Third Quarter Store Activity Highlights: • Beverage Alcohol Server Training held July 18` • Annual 25% Off Wine Sale July 15` -24` produces record sales • Liquor and Wine Departments reset to accommodate sales growth /decline of various products • Beer Cooler reset to increase Microbrew /Import packages • September 2010 Grape Vine produces $3,529 (presentation from Charlie Cline, Cline Cellars — California) • 23 In -Store Tasting Events held • Sponsored, suggested wine pairings and sampled product at "Taste of Home" Cooking School event • Developed discount program with Zella's (15% off @ Liquor Hutch on purchase of wines featured on Zella's wine flights) • Attended Holiday buying shows to maximize 4` quarter profits Further details of all statistics have been provided to the Administrative and Finance Departments. Please feel free to contact me with any questions or requests for additional data. I I Le-) Weed Notices Monthly Report September 2010 Monthly Summary of Weeds/Tall Grass Noncompliance A summary of weed notices sent to properties not in compliance with Chapter § 92.35 Weed Ordinance, of the Hutchinson City Code of Ordinances can be found below. Seven (7) business days were given to those receiving notice to remove weeds /tall grass on their property. Number of properties that received a removal notice 14 Number of properties cleared by City order 2 Number of properties pending compliance at month's end 0 Properties that were ordered to be cleared by the City House Street Quadrant Property Owner City PID Berdette Schaep 142 3rd Ave SE 142 3rd Ave SE Hutchinson, MN 55350 06- 116 -29 -06 -0170 Brian D & Stacey Gilbert 1347 Jefferson St SE 1347 Jefferson St SE Hutchinson, MN 55350 07- 116 -29 -08 -0030 Jared P & Kristin L Stowell 126 Selchow Ave SE 126 Selchow Ave SE Hutchinson, MN 55350 06- 116 -29 -15 -0470 Danette Dodge Groebner 505 California St NW 2090 Harvard St 36- 117 -30 -11 -0420 Longmont, CO 80503 John S Anderson Trust 510 California St NW 1729 San Carlos Blvd #167 36- 117 -30 -11 -0110 Ft Meyers Beach, FL 33931 Wells Fargo Bank NA Attn: Foreclosure Dept MACX7801013 3476 Stateview Blvd 1205 Lewis Ave SW Fort Mill, SC 29715 01- 116 -30 -04 -0150 Gustav C Wurdell 20455 248th Cir 1415 Heritage Ave NW Hutchinson, MN 55350 25- 117 -30 -12 -0460 Gustav C Wurdell 20455 248th Cir 1419 Heritage Ave NW Hutchinson, MN 55350 25- 117 -30.12 -0450 Gustav C Wurdell 20455 248th Cir 1423 Heritage Ave NW Hutchinson, MN 65350 25- 117 -30.12 -0440 \� C-�) II(- Gustav C Wurdell 20455 248th Or 1427 Heritage Ave NW Hutchinson, MN 55350 25- 117 -30 -12 -0430 Gustav C Wurdell 20455 248th Cir 1431 Heritage Ave NW Hutchinson, MN 55350 25- 117- 30 -12- 0420 '.. Gustav C Wurdell 20455 248th Cir 1435 Heritage Ave NW Hutchinson, MN 55350 25- 117 -30 -12 -0410 Gustav C Wurdell 20455 248th Cir 1439 Heritage Ave NW Hutchinson, MN 55350 25- 117 -30 -12 -0400 Gustav C Wurdell 20455 248th Cir 1443 Heritage Ave NW Hutchinson, MN 55350 25- 117 -30 -12 -0390 II(- Gary Plotz o: Steve Cook; Bill Arndt; Chad Czmowski; Eric Yost; Jim Haugen Doug W. Johnson; Jeremy Carter ubject: Creekside - Travel to Lake Mills, Iowa Mayor and Council, We are currently working with a new client (Perfect Circle Corporation) requiring special blends of compost. The special blends are tailored to growing vegetables with organic certification. The end market is organic food stores, including Whole Foods; which is a large nationwide food store chain that specializes in marketing organic products. This particular grower currently has 12 acres under roof in Lake Mills, just across the border of Minnesota, near Mason City. A second location is planned in McLeod County. Our preliminary negotiations were to provide "growing media" for their new location in McLeod County; however, Perfect Circle is now interested in having us provide growing media at their Lake Mills, IA location also. The CEO has asked us to come down to Lake Mills next Monday or Tuesday to discuss blends, pricing, transportation, etc. The potential for this account is approximately $100,000 in gross sales that would be a significant bump up on our "bulk sales." We recommend approving this travel request. O ary Plotz P.S. I would suggest in the future we amend our out -of -state driving policy for Creekside, utilizing a radius travel approval, instead of the state line for approved Council driving distances, perhaps not to exceed 400 miles. We have several clients already, including United Hardware in North Dakota, wherein a radius from Hutchinson would make sense. 1