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cp04-24-2012 cCouncil Workshop — Budget — 4:00 p. m. AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, APRIL 24, 2012 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Christ the King Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF APRIL 10, 2012 (b) BID OPENING MINUTES FROM APRIL 3, 2012 (5TH AVENUE NW) (c) BID OPENING MINUTES FROM APRIL 11, 2012 (SOUTH PARK WATER TOWER REHABILITATION) Action — Motion to approve as presented 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise ave een elegate to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13995 — RESOLUTION PERTAINING TO THE OWNERSHIP OF THE CITY OF HUTCHINSON STREET RIGHT OF WAY PLAT NO. 10 ENERGY PARK DRIVE (b) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO CHRISTOPHER ULMER OF TNT FIREWORKS TO SELL LEGAL FIREWORKS IN WALMART PARKING LOT (c) APPOINTMENT OF CURTIS HUGHES TO POLICE COMMISSION TO MAY 2015 (d) CONSIDERATION FOR APPROVAL OF AMENDING SOUTH PARK WATER TOWER LEASE AGREEMENT WITH MIDWEST WIRELESS LLC DBA VERIZON WIRELESS (e) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2012 STREET SEALCOATING PROJECT (LETTING NO. 4, PROJECT NO. 12 -05) (f) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO FOUNDATION FOR CHALLENGED CHILDREN ON MAY 19. 2012 (g) CONSIDERATION FOR APPROVAL OF ALLOWING FARMERS' MARKET TO UTILITIZE CITY CENTER PARKING LOT FROM 8:00 A.M. — 12NOON ON SATURDAY, SEPTEMBER 15, 2012 CITY COUNCIL AGENDA —APRIL 24, 2012 (h) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR MILES SEPPELT TO ATTEND PROFESSIONAL DEVELOPMENT COURSES IN ST. LOUIS, MISSOURI FROM JUNE 6 —8,2012 (i) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO HEART OF MINNESOTA ANIMAL SHELTER ON JULY 1, 2012 0) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 8. PUBLIC HEARINGS — 6:00 P.M. - NONE 9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. A ways looking toward t e uture, not monitoring past) f[f, 11 (a) COMMUNICATION OF AMERESCO MEASUREMENT AND VERIFICATION FINAL REPORT Action - (a) CONSIDERATION FOR APPROVAL OF ISSUANCE OF PUBLIC UTILITY REVENUE REFUNDING BONDS, SERIES 2012A Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APROVAL OF VEHICLE AND EQUIPMENT POLICY Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR WATER TOWER REHABILITATION — SOUTH PARK PROJECT (LETTING NO. 6, PROJECT NO. 12 -07) Action — Motion to reject — Motion to approve 12. GOVERNANCE (Purpose: to assess past organizationalperformance, developpolicythatgutdes the organization and ouncie the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MARCH 20, 2012 (b) CITY OF HUTCHINSON FINANCIAL REPORTS FOR MARCH 2012 (c) CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2012 (d) JOINT PLANNING BOARD MINUTES FROM NOVEMBER 16, 2011 (e) PLANNING COMMISSION MINUTES FROM MARCH 20, 2012 13. MISCELLANEOUS 14. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, APRIL 10, 2012 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook ca e t e meeting to order. Members present were Mary Christensen, Chad Czmowski and Eric Yost. Member absent was Bill Arndt. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Mark Richardson, Christ the King Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF MARCH 27, 2012 Motion by Christensen, second by Czmowski, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise ave een a egate to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13989 - RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF HUTCHINSON AND THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION AND AUTHORIZING CITY OFFICIALS TO EXECUTE SAID AGREEMENTS AND AMENDMENTS (b) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO CROW RIVER HABITAT FOR HUMANITY ON MAY 4, 2012, AT CHRIST THE KING LUTHERAN CHURCH (c) REAPPOINTMENT OF CHRISTIE HANTGE AND RAYMOND NORTON TO PLANNING COMMISSION TO MARCH 2017 (d) CONSIDERATION FOR APPROVAL OF ITEMS FOR 5TH AVENUE NW IMPROVEMENTS PROJECT — LETTING NO. 1, PROJECT NO. 12 -01 (e) CONSIDERATION FOR APPROVAL OF CROW RIVER CORVETTE CLUB EVENT ON MAY 26, 2012 (1) CONSIDERATION FOR APPROVAL OF MINNESOTA LAWFUL GAMBLING PREMISES CITY COUNCIL MINUTES —APRIL 10, 2012 PERMIT APPLICATION TO ALLOW AMERICAN LEGION POST 96 TO CONDUCT GAMBLING DEVICES (PULL TABS) AT 16 MAIN STREET NORTH (g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 7(d), 7(e) and 7(f) were pulled for separate discussion. Motion by Czmowski, second by Yost, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(d) had further discussion. Council Member Christensen asked if there would be steps leading down to Hwy 15 /Main Street from the retaining wall. Kent Exner, City Engineer, clarified that this project is for 5t11 Avenue NW and the retaining wall project will be discussed at the public hearing this evening. Motion by Christensen, second by Cook, to approve Item 7(d). Mr. Exner noted that the bids received were competitively grouped and came in under the engineer's estimate. Motion carved unanimously. Item 7(e) had further discussion. Mayor Cook asked if a liquor license is required for this event. Marc Sebora, City Attorney, explained that the American Legion is proposed to be dispensing the liquor at the event. Because the American Legion has already been issued a liquor license by the City, and they are dispensing liquor at a municipally -owned facility, state law does not require them to obtain any additional license. Motion by Yost, second by Cook, to approve Corvette Club event on May 26, 2012. Motion carried unanimously. Item 7(f) had further discussion. Mayor Cook noted that the CEO hadn't signed the premises permit application as required by the State. Marc Sebora, City Attorney, explained that after the packet had been distributed, staff realized that the wrong signature was on the application. The Council could either table this item or approve it contingent on the CEO signing the application and providing proof of that to City staff. Motion by Czmowski, second by Christensen, to approve this item contingent that the CEO signs the application. Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE TO JOSEPH MAYLAND OF SSM ENTERPRISES, LLC DBA MAIN STREET SPORTS BAR LOCATED AT 16 & 18 MAIN STREET SOUTH INCLUDING A 26 FOOT X 22 FOOT OUTDOOR PATIO Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that Joseph Mayland has applied for a liquor license for a restaurant located at 16 & 18 Main Street North. The liquor license would include a patio on the west side of the building. Mr. Sebora noted that he has explained conditions that could be expected of the licensee with having a patio at the establishment. These conditions could include 1.) outdoor service to be contained to the contiguous area as described at the public hearing; 2.) no smoking in the outdoor area as described at the public hearing; 3.) the patio is to be surrounded by a fence or other similar structure and entrance and exiting to be controlled by means of the gate; 4.) patio to be staffed when open and gate locked when patio not in operation; 5.) the patio area is to be set back from the alleyway behind the building to allow persons to safely leave the patio area before entering the alleyway— setback area shall be determined by city staff, 6.) the licensee is to abide by all city liquor, noise and nuisance ordinances. Council Member Christensen asked if the patio would be open the same hours the restaurant is open. The applicant explained that the plan is for the patio to close at 10:00 p.m. The applicant noted that he and his staff will monitor patrons outside on the patio after 10:00 p.m. and will adhere to any complaints. CITY COUNCIL MINUTES — APRIL 10, 2012 Motion by Czmowski, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Yost, to approve issuing on -sale intoxicating and Sunday liquor license to Joseph Mayland of SSM Enterprises, LLC located at 16 & 18 Main Street South with patio conditions. Motion carved unanimously. (b) PUBLIC HEARING FOR TRUNK HWY 15 RETAINING WALL RECONSTRUCTION PROJECT — LETTING NO. 5, PROJECT NO. 12 -06 (ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that although there are no special assessments being proposed, bonding dollars ire being used for this project. The goal of the project is to replace the retaining wall along Hwy 15 South/4` Avenue SW. In addition, traffic control revisions and accessibility improvements will be included in the project. Discussion was held regarding the necessity to make the curb radius the dimensions proposed. Mr. Exner explained it is to improve site Imes, incorporate left turn lanes and wall construction and ease truck turns. The estimated project cost is $345,000, however Mn/DOT may, have more funds to contribute towards the project. The City must award this project by the end of June if it is to proceed. The current stairways are proposed to be removed from the new wall. Easements will be needed from adjacent property owners. Jim Fahey, 446 Main Street, presented before the Council. Mr. Fahey spoke in support of the project. Mr. Fahey was thankful for the compromises that have been made. Mr. Fahey noted that his main concern is to preserve the 200+ year tree that is on the corner of his property. Motion by Czmowski, second by Yost, to close public hearing. Motion carved unanimously. Motion by Yost, second by Christensen, to order improvement and preparation of plans and specifications and order advertisement for bids for Letting No. 5, Project No. 12 -06. Motion carved unanimously. 9. COMMUNICAIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise o Always looking toward t e uture, not monitoring past) (a) ECONOMIC DEVELOPMENT AUTHORITY 2011 ANNUAL REPORT PRESENTATION Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt provided a report on the EDA's activities for 2011. Mr. Seppelt spoke of business retention and expansion, downtown grant and loan programs, marketing and public relations, and job creation. Current projects and initiatives include economic development strategic planning, depot marketplace, marketing campaign, Minnesota Angel Network and industrial "spec" building. Council Member Yost asked about the vacant buildings near Target on Hwy 15 South. Mr. Seppelt explained that the EDA will do everything in their power to promote the vacant building spaces to recruit new businesses to the area. Mayor Cook suggested putting together a group task force consisting of community members and EDA members to assist in influencing filling the vacant spaces. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ISSUING TOBACCO LICENSE TO SAMAR ABUJOUDA LOCATED AT SMOKES 4 LESS, 114 MAIN STREET NORTH Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the applicant has met all background requirements and there doesn't appear to be any reasons to not issue him a license. (0 (Q) CITY COUNCIL MINUTES — APRIL 10, 2012 Mayor Cook noted that the legislature has passed a synthetic marijuana bill. The Council held a brief discussion of the ability to limit sales of certain items that are being used for hallucination -type purposes. Council Member Czmowski commented that the Council should not be regulating items that are not regulated by state /federal law Motion by Czmowski, second by Christensen, to approve issuing tobacco license to Samar Abujouda located at Smokes4Less, 114 Main Street South. Motion carried unanimously. Council Member Czmowski noted he would like a discussion on loosening up the City's liquor code, such as the percentage of food to liquor sales. (b) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON POLICY 1.05 — MAYOR OR CITY COUNCIL CANDIDATES - INQUIRIES AND POLICY 1.09 — BOARDS, COMMISSIONS & COMMITTEES -VOTING POWERS Jeremy Carter, City Administrator, presented Policy 1.05 and 1.09. Policy 1.05 addresses inquiries by Council candidates to City staff. Overall, the policy indicates that any inquiries from candidates should be directed to the city administrator's office. Policy 1.09 speaks to voting powers of boards, commission & committees. Staff is proposing additional language to the last sentence of the policy indicating that "the mayor not make a motion as regulated by city charter and pursuant to /in accordance with Roberts Rules of Order." This language is being suggested because the Charter refers to Robert's Rules of Order. Motion by Czmowski, second by Yost, to approve revisions to City of Hutchinson Policy 1.05 and 1.09 as presented. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF SETTING JOINT CITY COUNCIIJHUTCHINSON UTILITIES COMMISSION MEETING FOR MAY 2, 2012, AT 4:00 P.M. AT HUTCHINSON EVENT CENTER Motion by Christensen, second by Cook, to set joint City Council/Hutchinson Utilities Commission meeting for May 2, 2012, at 4:00 p.m. at Hutchinson Event Center. Motion carried unanimously. 12. GOVERNANCE (Purpose: toassesspastorganizational performance, Bevel oppolicythatguides the organization and Counci and manage the logistics of the Council. May include monitoring reports, policy development and governance process items) (a) LIQUOR HUTCH QUARTERLY REPORT FOR JANUARY — MARCH 2012 (b) FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2012 (c) HUTCHINSON UTILITIES COMMISSION MINUTES FROM FEBRUARY 29, 2012 (d) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM FEBRUARY 27, 2012 (e) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM FEBRUARY 6, 2012 (f) PLANNING, ZONING, AND BUILDING DEPARTMENT MONTHLY REPORT FOR MARCH 2012 13. MISCELLANEOUS Jeremy Carter—Mr. Carter reminded the Council that a workshop is scheduled for April 24, 2012, to discuss the tax levy and the first draft of the 2013 budget. Mr. Carter also noted that the enterprise funds will also be part of the City's monthly financial reports and those should be coming out beginning with April reporting. Kent Exner — Mr. Exner noted that staff submitted two grants for the potential box culvert project. Mr. 4 ��� CITY COUNCIL MINUTES —APRIL 10, 2012 Exner thanked those who submitted letters in support of the project. A hearing process will be held if the project proceeds and input will continue to be compiled. Mayor Cook spoke of the advantages of the project an d the grant funds available. Mayor Cook — Mayor Cook expressed that he feels a workshop should be scheduled to discuss the City's nuisance ordinance. Motion by Czmowski, second by Christensen, to set workshop for May 8, 2012, at 4:00 p.m. to discuss City's nuisance ordinance. Motion carried unanimously. 14. ADJOURN Motion by Czmowski, second by Cook, to adjourn at 7:05 p.m. Motion carried unanimously. Won BID OPENING LETTING NO. 1 /PROJECT NO. 12 -01 State Project No. 133 - 128 -002 5'h Ave NW Project Thursday, April 3`d, 2012 @ 10:30 a.m. Present: Marc Sebora, City Attorney Kent Exner, City Engineer Melissa Starke, Recorder The Bid Opening was called to order at 10:32 a.m. by Marc Sebora. Mr. Sebora noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities. Publication No. 7911, Advertisement for Bids was waived and the following bids were opened and read aloud: Duininck Inc 4086 1h St PO Box 208 Prinsburg, MN 56281 Hjerpe Contracting Inc 16246 Hwy 15 S Ll PO Box 517 Hutchinson, MN 55350 Kuechle Underground Inc 10998 State Hwy 55 PO Box 509 Kimball, MN 55353 LaTour Construction Inc 2134 County Road 8 NW Maple Lake, MN 55358 R & R Excavating Inc 1149 Hwy 22 South Hutchinson, MN 55350 Wm Mueller & Sons Inc 831 Park Ave PO Box 247 Hamburg, MN 55339 Closed: 10:40 a.m. Bid Amount: $1,489,151.38 Bid Amount: $1,427,549.52 Bid Amount: $1,625,333.47 Bid Amount: $1,486,825.35 Bid Amount: $1,517,027.15 Bid Amount: $1,499,246.17 Cl) BID OPENING LETTING NO. 6 1PROJECT NO. 12 -07 WATER TOWER REHABILITATION — SOUTH PARK 04/11/2012 at 10:00 a.m. Present: Jeremy Carter, City Administrator Kent Exner, City Engineer Melissa Starke, Recorder The Bid Opening was called to order at 10:02 a.m. by Jeremy Carter. Mr. Exner noted that the City Council reserves the right to reject all bids and to waive any informalities and irregularities. Publication No. 7918, Advertisement for Bids was waived and the following bids were opened and read aloud: Champion Coatings 7385 West 126`h St Savage, MN 55378 Classic Protective Coatings Inc N7670 State Hwy 26 Menomonie, WI 54751 TMI Coatings Inc 3291 Terminal Dr St Paul, MN 55121 Closed: 10:06 a.m. Steven W. Cook Mayor Bid Amount: $423,750.00 alt. + $5,000.00 Bid Amount: $370,513.00 alt. + $10,000.00 Bid Amount: $374,200.00 alt. + $17,500.00 ATTEST: Jeremy J. Carter City Administrator � (C-� C Marc A. Sebora, City Attorney Office of the City Attorney TO: Mayor & City Council FROM: Marc A. Sebora, City Attorney DATE: April 19, 2012 SUBJECT: City of Hutchinson Right -of -Way Plat No. 10 111 Hassan Street SE Hutchinson, MN 55350 -2522 310- 587 - 5151 /Fax 320- 234 -4201 In 2008, the Hutchinson EDA was involved in discussions with the Hutchinson Co -op to acquire land to the east of the Co -op's main office building on Fifth Avenue Southeast between the Co -op and Hutch Iron and Metal. The land was to be used for access to what was then to be the Hutchinson Industrial Park on the Stritetsky property. This land was to be acquired as part of a larger transaction involving the Co -op land that the EDA purchased from the Co -op along 3rd Avenue N.W. close to the river and, in anticipation of this transaction, the City filed for record this right -of -way plat. However, this "global" deal was not able to get done and the transaction involving the street right -of -way between the Co -op office and Hutch Iron and Metal was never completed and the City never acquired ownership of the property. Because the land was never acquired by the City, this right of way plat is not valid. The City has recently been contacted by the Co -op about having the issue of the ownership of the right -of -way cleared up so that they may enter into a transaction with other parties if the opportunity arises. I have spoken with both the City Engineer, Kent Exner, and the Executive Director of the Economic Development Authority, Miles Seppelt, regarding the need for the right -of -way and both have indicated to me that, due to the construction of the new Industrial Park further east on Fifth Avenue, this plat is no longer necessary. Therefore, I would ask that you approve the attached Resolution so that the title to the Co -op's land can be cleaned up which will assist them in any transaction in the future. Thank you. Printed on recycled paper - `1(9> 1 Resolution No. 13995 A Resolution Pertaining to the Ownership of the City of Hutchinson Street Right Of Way Plat No. 10 Energy Park Drive Whereas, in 2008, the City of Hutchinson, through its Economic Development Authority, entered into discussions with Hutchinson Co -op Cenex for the acquisition of land for roadway purposes; and, Whereas, as a result of those discussions, the City caused to be prepared a street right -of- way plat entitled "City of Hutchinson Street Right Of Way Plat No. 10 Energy Park Drive "; and, Whereas, thereafter, the City, on March 25, 2008, approved Resolution No. 13363 approving said right -of -way plat and causing the document to be recorded in the office of the McLeod County Recorder, filed for record on June 9, 2008 as Document No. A- 377661; said plat entitled "City of Hutchinson Street Right -of -Way Plat No. 10 Energy Park Drive; and, Whereas, the transaction between the City's Economic Development Authority and Hutchinson Co -op Cenex was never consummated, and therefore, the plat currently on file in the McLeod County Recorder's office is invalid because the City never acquired title to said land, and; Whereas, it is proper that this fact be known so that the title to the property can be conveyed by Hutchinson Co -op Cenex to third parties without the cloud of this inaccurate right - of -way plat, Now, Therefore, Be It Resolved by the City Council of the City of Hutchinson that it does formally, by way of this Resolution, state that the City of Hutchinson does not now, nor did it ever, acquire title or ownership to any of the real property that was contained in the City of Hutchinson Street Right -of -Way Plat No. 10 Energy Park Drive as filed in the Office of the McLeod County Recorder as Document No. A- 377661 and, further, that the City Administrator be, and is, authorized to sign such documents as may be necessary to correct this error. Adopted by the City Council this 24`h day of April, 2012. ATTEST: Steven W. Cook, Mayor Jeremy J. Carter, City Administrator `) [9s) � )Q� MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor & City Council FROM: Chief Daniel Hattendy/ DATE: April 6, 2012 RE: Consent Agenda — Transient Merchant Application - Ulmer A background check was conducted on Christopher Ulmer in reference to him obtaining a transient merchant license in the City of Hutchinson. Ulmer's license application is to sell Minnesota legal fireworks under the name TNT Fireworks. This business will be located in a tent on the northeast corner of the Wal -Mart parking lot. TNT Fireworks has been in this location since 2006. This business has been licensed by Ulmer in 2008, 2009, 2010, and 2011. Christopher Ulmer does not have a criminal history or any violations on his driving record. A records check was also conducted on Ulmer through the Logis -wide records system, his contacts with law enforcement have been for the licensing of his business and he was mentioned as a being a victim of property damage in September 2009 in Bloomington. It would be my recommendation to grant the transient merchant license to Christopher Ulmer. /blm 2012 -01 -0006 171 Hnc9ari Streit 50u011east Hutchinson, MN 55350 (320) 587 -5151 /Fw (320) 234-4240 City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS Application Type (choose one) Solicitor 00 Date of Application %JI2(Q I Y ✓ Transient Merchant 125.00 Peddler DPemde Peddler o 530.00 Gi( 00ui �201� Applicant Information 2" X 2° Picture Required Name: Christopher Jon Ulmer Height: 75" Weight 200 E e Color: brown Driver's License Number: State: ND a Permanent Address: 210959th Avenue South ,(� w Fargo ND City Stufe 58104 Zip Permanent Telephone: 701- 205 -0518 Temporary Address: Walmart parking lot - 1300 Hwy 15 South Hutchinson MN 55350 City - Sane lip Temporary Telephone Access: 701- 400 -7661 Have you been convict y crime, traffic violations? D yes o ffi misdemeanor, or violation of any municipal ordinance, other than If yes, state the nature of offense and punishment or penalty assessed therefore: Cory of Nutel wim, Applicanun fur PedNen, Salicilws, and TrawieN Akrchmm Page 2 of Location Information Walmart parking lot - Locaflon Name 1300 Highway 15 South Hutchinson MN 55350 Location Address City Stale Zi Business Information Describe relationship between applicant and employer: Area Manager Describe nature of business and describe item(s) offered: Retail sale of MN- approved Safe and Sane fireworks Describe method of delivery: by truck Describe source of supply: American Promotional Events 800 - 243 -1189 Supplier Name Suppler Phone Number 4511 Helton Drive Florence AL 35630 Supplier Addresr Cuy Stale zip Supplier Name .Suppler Phone Number Supplier Adore= Ciry Sane Zip Supplier Name Suppler Phone Number Supplier Address ON .State zip Reference Information Provide two (2) property owners (preferably in McLeod County) for character references: Walmart Stores, Inc. 479 - 273 -4219 Property Owner Name Property Owner Phone Number 1300 Trunk Highway 15 South Hutchinson MN 55350 Property OwmrAoutm Ciry Sane Zip Pamida 320 - 864 -6005 Property Owner Name Property Owner Phone Number 3225 Tenth Street East Glencoe MN 55336 Propery OWnerAdlABrr cit .S7ale Z' City of Hurclumon dpplirat for Peddlers, Solicitors, and 7ianriem Merc/nnrs Page 3 of a Reference Information List last (up to three (3)) previous city(ies) where you carried on same activity: Albert Lea MN 6/20/11 to 7/5/11 City Smm DaWs)ofAamty Baxter MN 6/20/11 to 7/5/11 city sum Datels)orActiAiy Worthington MN 6/20/11 to7/5/11 City Sam r %m(s)or Adivily Checklist The following items need to be completed and/or attached in order for the application to be processed: 'I App] icationAnvestigation fee paid in full (check or money order): Fy-/Ies ❑ no Application completed in full and signed: 7es ❑ no I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Applicant's Signature Date Internal Use Only Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: lLil.maW�ppliutimvPMNa. Sdi�i�a. TewiurtEOc � c6) Walmart �o�. Save money. Live better. 2001 SE 100 Street Bentonville, AR 72718 Phone 479-279 -4219 Fax 479- 204.2283 Ap01.L1ee1or0Gwa1- m3rt.mm January 1'r, 2012 To Whom it May Concern, American Promotional Events, Inc. dba TNT® Fireworks is an approved National Supplier for 2012 to conduct fireworks sales on our stores' parking lots where this type of promotion is legal. Events usually run 7 to 12 days with set up beginning approbmately 5 days prior to the event. An American Promotional Events, Inc. dba TNT® Fireworks representative will call you to introduce the company and discuss your participation in the event. Participation is encouraged and does add additional income to your other income account. The Store Manager must approve the store's participation and placement on the parking lot by store stamping the Pre -Sale Survey. All stores have researched and approved by the Walmart Realty Department. TNT® Fireworks is responsible for obtaining all necessary permits and /or licenses and must display such permits and/or licenses at each location. Thank you in advance for your cooperation in this matter and if you have any questions, please contact Automated Consumer Services at (479) 273 -4219. Best Regards, an NW+) �'"/�IIJ►f�/ April Crawford Manager Consumer Services Walmart Stores, Inc. —1 4b ACli CERTIFICATE OF LIABILITY INSURANCE DATE IYVYYI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. 11/30/22011 011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: FAX a "Nn Eat:44 - - AIG _No):4�- 1.234... Britton - Gallagher and Associates, Inc. 6240 SOM Center Rd. E -MAIL Cleveland OH 44139 ADDRESS: INSURER RI) AFFORDING COVERAGE NAIL If X-1 COMMERCIAL GENERAL LIABILITY INSURER A INSURED 5530 INSURER Ii DAMAGE TO RENTED PREMISES LEa ocw ence American Promotional Events Inc. INSURER C: CLAIMS MADE rX _ OCCUR dba TNT Fireworks P. O. Box 1318 INSURER MED EXP (Any on person) Florence AL 35631 INSURER E: - 51000000 INSURER F: x 8kl CODIfaCWd _ COVERAGES CERTIFICATE NUMBER: 254852352 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I - TYPE OF INSURANCE ADDL !INSR SUER' WVD'i POLICY NUMBER POLICY EFF MNVDDIYYYY POLICY EXP MMIODIYYYV LIMITS A GENERAL LIABILITY 44272132 1111/2011 1(1/2012 EACH OCCURRENCE $O 000 X-1 COMMERCIAL GENERAL LIABILITY I DAMAGE TO RENTED PREMISES LEa ocw ence _ $50000 _ CLAIMS MADE rX _ OCCUR MED EXP (Any on person) PERSONALSADV INJURY - 51000000 x 8kl CODIfaCWd _ i IX Hostile Fire Pot GENERAL AGGREGATE GEN L AGGREGATE LIMIT APPLIES PER 1 PRODUCTS - COMPIOPAGG'$2,000,000 POLICY PRO- X TOO $ AUTOMOBILE LIABILITY So accident ) j_ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED �_ -�i SCHEDULED AUTOS AUTOS INJURY (Par accitlen0 BODILY --- en!) $ - - _ -- $ PROPERTY DAMAGE Per accident $ NON - OWNED'. HIRED AUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE EXCESS LIAB CLAIMS -MADE DED RETENTION$ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE WC STATU- OTH- I_MI ER- E L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA - _ (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POUCY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Additional Insured: Grow Ministries (TNT Customer) and property located at MN 1738 1300 Trunk Highway 15 S., Hutchinson, MN 55350 The above listed are Additional Insured respects to General Liability policy as required by written contract subject to policy terms, conditions and exclusions. Walmart Stores, Inc 702 SW 8th Street Bentonville AR 72716 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / I OZk1:I:bI1)i Ll)/_THe1 c7alKelitll]:L]INI:�_lll ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD // 1$$1..�� —) W� April 19, 2012 RE: Police Commission Appointment Dear Council Members, Mark Jelkin's second term on the Police Commission is coming to an end in May and I would like to appoint Curtis Hughes to fill that position. Curtis is a Team Leader (Supervisor) at 3M. He has been a past participant in the Citizen's Police Academy, the Chamber's Hutchinson Leadership Development Institute and currently is a member of the Leadership Institute's Design Team. Curtis has a sincere appreciation for the service that the police department and officers provide to the community and his background and experience makes him a good fit for this position. I have spoken to Chief Hatten and he agrees that Curtis would be a good selection. I would appreciate your support and approval. Sincerely, Mayor Steve Cook V1 �C) 3 TO: Mayor & City Council FROM: Kent Exner, DPW /City Engineer John Paulson, Environmental Specialist RE: Consideration for Approval of Amending South Park Water Tower Lease Agreement with Midwest Wireless L.L.C. d/b /a Verizon Wireless DATE: April 24, 2012 In 2011 Verizon Wireless contacted the City and requested to replace existing antenna equipment located on the South Park Water Tower. Most of the proposed changes were allowed under the existing lease agreement that was executed in November 2010. The need for amending the existing site lease is due to Verizon's request for adding antennas in excess of the six they are allowed in the active lease agreement. They are requesting one additional antenna at this time. To accommodate their future needs the lease is being amended to allow up to nine total antennas on the water tower. At the time of the request the City had already began the development of the South Park Water Tower Rehabilitation Project. Coordination of the projects has been ongoing. The installation of Verizon's new equipment is planned to take place during the tower rehabilitation so the tower's new finish is not compromised. We recommend that the attached Amendment No. 1 to Site Lease Agreement be approved. cc: Jeremy Carter, City Administrator `1 LA) NIN07 Hutchinson AMENDMENT NO. 1 TO SITE LEASE AGREEMENT This AMENDMENT NO. 1 TO SITE LEASE AGREEMENT ( "Amendment ") is made this day of , 201, by and between the City of Hutchinson, a Minnesota municipal corporation, ( "Landlord ") and Midwest Wireless Communications L.L.C. d/b /a Verizon Wireless, a Delaware limited liability company, ( "Tenant "), with reference to the facts set forth in the Recitals below: RECITALS A. Landlord and Tenant, or their predecessor in interest, are parties to a Site Lease Agreement dated November 22, 2010 (the "Agreement ") whereby Landlord has leased a portion (the "Premises ") of Landlord's water tower (the "Structure ") and real property (the "Property") to Tenant to install and operate a Landlord- approved communications antenna facility. B. Landlord and Tenant desire to (i) change the number of allowed antennas/coax, (ii) adjust the monthly rent payable to Landlord; and (iii) provide for a temporary relocation of Tenant's facility. The Landlord and Tenant are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." AGREEMENT NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Leased Premises. Effective immediately, Exhibit B is amended to provide for the removal of three (3) omni antennas and three (3) 7/8 inch coax and the addition of three (3) panel antennas, six (6) 1 518 inch coax, one (1) microwave dish and one (1) elliptical coax for a final configuration consisting of a total of six (6) panel antennas, six (6) 7/8 coax, six (6) 1 5/8 inch coax and one (1) microwave dish/coax. 2. Rent. Commencing on June 1, 2012 ( "Rent Increase Date "), the monthly rent payable under the Lease is hereby increased to a total of $23,870.25 per year. The increased amount shall escalate pursuant to the Agreement. The parties acknowledge and agree that the increased monthly rent payment(s) may not actually be sent by Tenant until thirty (30) days after the full execution and delivery of this Amendment or June 1, 2012, whichever is later. 3. Temporary Relocation. The parties acknowledge and agree that Landlord plans to repaint the Structure during the summer of 2012. The parties acknowledge and agree that there shall be no additional expense due to the Landlord pursuant to paragraph 7 of the Agreement and that Tenant shall place a temporary cell site and antenna structure on Landlord's Property during the repainting at the location described on Exhibit B -1. Landlord shall give Tenant at least one (1) month written notice before the start of the scheduled repainting. MN07 Hutchinson Amendment No. 1 to Site Lease Agreement 1987406v2 I ti,) 4. Ratification of The Agreement. Except as specifically modified by this Amendment, the parties agree that all of the terms and conditions of the Agreement are in full force and effect and remain unmodified, and the parties hereby ratify and reaffirm the terms and conditions of the Agreement and agree to perform and comply with the same. In the event of a conflict between any term or provision of the Agreement and this Amendment, the terms and provisions of this Amendment shall control. In addition, except as otherwise stated in this Amendment, all initially capitalized terns will have the same respective defined meaning stated in the Agreement. All captions are for reference purposes only and shall not be used in the construction or interpretation of this Amendment. IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be executed by each party's duly authorized representative on the date written below. LANDLORD: TENANT: City of Hutchinson, Midwest Wireless Communications L.L.C. a Minnesota municipal corporation d/b /a Verizon Wireless, a Delaware limited liability company By: Name: By: Alltel Communications, LLC, Its Sole Its: Mayor Member By: By. Name: Beth Ann Drohan Its: City Administrator Its: Area Vice President Network Date: Date: Acknowledgments on following page The remainder of this page intentionally left blank MN07 Hutchinson Amendment No. 1 to Site Lease Agreement 1987406v2 I ca) ACKNOWLEDGMENTS LESSOR ACKNOWLEDGMENT STATE OF MINNESOTA ) ) SS. COUNTY OF ) This instrument was acknowledged before me on , 20_ by and , the Mayor and City Administrator, respectively of the City of Hutchinson, a Minnesota municipal corporation, on behalf of the corporation. Signature of Person Taking Acknowledgment (Seal, if any) Title or rank Serial Number, if any LESSEE ACKNOWLEDGMENT STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) On this day of , 20_, before me, the undersigned, a Notary Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth Ann Drohan, to me known to be the Area Vice President Network of Alltel Communications, LLC, the Sole Member of Midwest Wireless Communications L.L.C. d/b /a Verizon Wireless, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Midwest Wireless Communications L.L.C. d/b /a Verizon Wireless, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 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M.11d iK Trr t: ^fir �m iy' m Hum"NSON LTE 111 Yd] AVE HUtLHNSCIA W 551'4 • • rr __arm nmw Ir � TYc rrr•. -bfl w']w muK� t -5 /1" 41c �n +N •w�� w w� s- +5ne.e rte!. IVnPt `� yM NOT KM COMMUCTION DESIGN& VERIZON a WIRELESS H PLm.ECT MIIMII= m Hum"NSON LTE 111 Yd] AVE HUtLHNSCIA W 551'4 S�Ef�OMENTG: wlv..wn C TO: Mayor & City Council FROM: Kent Exner, DPW /City Engineer RE: Consideration for Approval of Items for 2012 Street Sealcoating Project (Letting No. 4 /Project No. 12 -05) DATE: April 24, 2012 City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the above referenced project at their May S" meeting. We recommend that the attached Resolutions be approved. cc: Jeremy Carter, City Administrator --I (-(,-) PUBLICATION NO. 7933 NOTICE OF HEARING ON IMPROVEMENT LETTING NO.4 PROJECT NO. 12 -05 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the 8th day of May, 2012, to consider the making of an improvement of: 2012 Street Sealcoating; application of bituminous material and crushed aggregate, clean -up and appurtenances within specified sections of 1 st Ave NW, 1st Ave SW, 2nd Ave NW, 3rd Ave NW, 5th Ave NE, 9th Ave NE, Calgary Ln SE, Calgary Ln SW, Cedar Ave NW, Clark St NE, Denver Ave SE, Echo Cir SE, Echo Dr SE, Edmonton Ave SE, Franklin St NW, Franklin St SW, Glen St NW, Glen St SW, Goebel Cir SW, Goebel St SW, Grant Ave SE, Griffin Ave NE, Harmony Ln SW, Hassan St SE, Jorgenson St SE, Kay St SW, Lincoln Ave SW, Maple St NE, Milwaukee Ave SW, Oak St NE, Ottawa Ave SE, Prospect St NE, Selchow Ave SE, Service Rd -2 (NW), Sherwood St SE, Southfork Dr SE, Summerset Ln SE, Sunburst Way SE and Toronto Blvd SE pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The estimated City Cost of said improvement is $287,000.00, with an Assessable Cost of $0.00, for the total estimated cost of $287,000.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: 04/24/2012 City Administrator, Jeremy J. Carter PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, APRIL 25TH, 2012 AND ON WEDNESDAY, MAY 2ND, 2012. -I it) RESOLUTION NO. 13992 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 4 PROJECT NO. 12 -05 WHEREAS, it is proposed to improve: 2012 Street Sealcoating; application of bituminous material and crushed aggregate, clean- up and appurtenances within specified sections of 1 st Ave NW, 1 st Ave SW, 2nd Ave NW, 3rd Ave NW, 5th Ave NE, 9th Ave NE, Calgary Ln SE, Calgary Ln SW, Cedar Ave NW, Clark St NE, DenverAve SE, Echo Cir SE, Echo Or SE, Edmonton Ave SE, Franklin St NW, Franklin St SW, Glen St NW, Glen St SW, Goebel Cir SW, Goebel St SW, Grant Ave SE, Griffin Ave NE, Harmony Ln SW, Hassan St SE, Jorgenson St SE, Kay St SW, Lincoln Ave SW, Maple St NE, Milwaukee Ave SW, Oak St NE, Ottawa Ave SE, Prospect St NE, Selchow Ave SE, Service Rd -2 (NW), Sherwood St SE, Southfork Dr SE, Summerset Ln SE, Sunburst Way SE and Toronto Blvd SE; and WHEREAS, it is proposed to fund all or a portion of the cost of the improvement with City bonds, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement, called Letting No. 4 /Project No. 12 -05, be referred to the Engineer for study and that that person is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost - effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. Adopted by the Council this 24th day of April 2012. Mayor: Steven W. Cook City Administrator: Jeremy J. Carter jt'�) RESOLUTION NO. 13993 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO.4 PROJECT NO. 12 -05 WHEREAS, pursuant to a resolution of the Council adopted April 24th, 2012, a report has been prepared by Kent Exner, Public Works Director /City Engineer with reference to proposed Letting No. 4 /Project No. 12 -04, the improvement of: 2012 Street Sealcoating; application of bituminous material and crushed aggregate, clean- up and appurtenances within specified sections of 1st Ave NW, 1st Ave SW, 2nd Ave NW, 3rd Ave NW, 5th Ave NE, 9th Ave NE, Calgary Ln SE, Calgary Ln SW, Cedar Ave NW, Clark St NE, Denver Ave SE, Echo Cir SE, Echo Dr SE, Edmonton Ave SE, Franklin St NW, Franklin St SW, Glen St NW, Glen St SW, Goebel Cir SW, Goebel St SW, Grant Ave SE, Griffin Ave NE, Harmony Ln SW, Hassan St SE, Jorgenson St SE, Kay St SW, Lincoln Ave SW, Maple St NE, Milwaukee Ave SW, Oak St NE, Ottawa Ave SE, Prospect St NE, Selchow Ave SE, Service Rd -2 (NW), Sherwood St SE, Southfork Dr SE, Summerset Ln SE, Sunburst Way SE and Toronto Blvd SE; and said report was received by the Council on April 24th, 2012 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvement of such street(s) in accordance with the report and issue bonds for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $287,728.00. 2. A public hearing shall be held on such proposed improvements on the 8th day of May, 2012, in the Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 24th day of April, 2012. Mayor: Steven W. Cook City Administrator: Jeremy J. Carter -1 1-t) HUTCHINSON PUBLIC WORKS/ENGMERMG DEPARTMENT Hutchinson City Center /1I I Hassan St SE/Hutchinson MN 55350 - 2527/320- 234- 4209/FAX 320 - 234 -4240 ENGINEERING REPORT & FEASIBILITY STUDY TO: Mayor & City Council FROM: Kent Exner, DPW /City Engineer DATE: April 24, 2012 SUBJECT: Letting No. 4 /Project No. 12 -05 I have studied the following proposed improvements and find that the proposed project is feasible and recommend it be constructed: L4/P12 -05 2012 Street Sealcoating; application of bituminous material and crushed aggregate, clean -up and appurtenances within specified sections of 1st Ave NW, 1st Ave SW, 2nd Ave NW, 3rd Ave NW, 5th Ave NE, 9th Ave NE, Calgary Ln SE, Calgary Ln SW, Cedar Ave NW, Clark St NE, Denver Ave SE, Echo Cir SE, Echo Dr SE, Edmonton Ave SE, Franklin St NW, Franklin St SW, Glen St NW, Glen St SW, Goebel Cir SW, Goebel St SW, Grant Ave SE, Griffin Ave NE, Harmony Ln SW, Hassan St SE, Jorgenson St SE, Kay St SW, Lincoln Ave SW, Maple St NE, Milwaukee Ave SW, Oak St NE, Ottawa Ave SE, Prospect St NE, Selchow Ave SE, Service Rd -2 (NW), Sherwood St SE, Southfork Dr SE, Summerset Ln SE, Sunburst Way SE and Toronto Blvd SE ESTIMATED COST TOTAL Construction Cost $256,900 Engineering $19,268 Administration $7,707 FiscaULe alAnterest $3,854 ESTIMATED TOTAL $287,728 ESTIMATED FUNDING TOTAL Assessable Costs $0 State Aid $0 C - Bonding $287,728 City - Water Funds $0 City - Wastewater Funds $0 City - Stormwater Funds $0 ESTIMATED TOTAL $287,728, 1c4) 'I MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Chief Daniel T. Hatten DATE: April 17, 2012 RE: Foundation for Challenged Children Parade Attach is a request from Charlie Ardolf and the Foundation for Challenged Children. The request outlines their wish to hold a short parade on Mayl g`h, 2012 as part of their annual motorcycle /classic car run. The parade will begin at 10 a.m. and is estimated to last approximately 15 minutes. The staging for this event will be on 18t Ave. NW from Main St to Franklin St. SW. This block would need to be closed at approximately 5 a.m. on May 1gth 2012 to insure no unwanted traffic /parking would affect the event and the streetwould be re- opened afterthe parade begins (10 a.m.). The proposed parade route is as follows: 15t Ave NW to Main St. N. • North on Main to Hwy 7 W. • Hwy 7 west to the city limits of Hutchinson My staff and I have reviewed the information and I am confident that the police department can accommodate this request. We will assist with traffic control throughout the parade and monitor intersections along the parade route. We look forward to working with this fine organization and assisting them in their efforts. Permit F : S30 (Aort term) Date Received: 4� 201 I11 Hassan Street Southeast Hutchinson, MN 55350 W (320) 581- 5151/Fa : (320) 234.4240 City of Hutchinson APPLICATION FOR PARADE PERMIT All applications must be received at least 30 days before event in order to be considered yr anlzanonInrormanonn L C kALLZNG�p CWLUZ " Organization Name Phone Number 63,I LAlcL AVf-, N _ YILVF :Z- LA k` ,MN _5538 ( ({ Officer and 0 AyV , N, Sil yE;L LAk Residence Address City (Z-0 A i'Do L-� Parade Chairman Name 32c- 327 - ZN31 Phone Number (vl N -55-3@ State zip 32,0- 327 -2y3( Phone Number � 3y G IaIZ£ A v E , N. SLVF;, WA YMP, 55351 Residence Address City State zip Parade Information Parade Date: J y t A �1 Assembly Time: n p !y (l1 i LL L I C' Location and Description of Assembly Area: ^41N ,S i 4- f' r / i-1 V E /'� ( / F>a 10,4 &'a Starting Time of Parade: IC A IA Estimated Time of Parade: 1 d AJ I N Starting Point of Parade: D t (C y Li U , � N NA, N , �'C A y'f N Route of Parade Travel: NA A i ti S l t Y a 21 N }- L� I N' -r�:LS E'Z I /o;U C ' N Ending Point of Parade: 1 Loy N C li 00 L- tQ-b , Approximate Number of Units, Animals, and Vehicles which will constitute Parade:, 1 fd Ei Type and Description of Animals and Vehicles: [q0 1 C dLL`I C Q C' LASS Ic Q6 ;LS Maximum Interval of Space to be Maintained Between Units: Maximum Length of Parade: U �1 KN d v) N Al 1 14 I S 1-1 M � - Minimum and Maximum Speed of Parade: _30 M e N PAA X C 1V 1i LO Y, MPH Portion of Street Width Traversed: 1( -o City of Hutchinson Application for Parade Permit Page 1 of 2 Checklist The following items need to be completed and/or attached in order for the application to be processed: Permit fee paid in full (check or money order): yes ❑ no Permit Application completed in full and signed: 15rYes ❑ no I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. or parade chairman Date Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: Sgt. Joe Nagel R Hutchinson City Council The Foundation for Challenged Children will be having our 20th Annual Bike Run on Saturday May 19th. We would like to close 1St Ave. NE. next to the Dairy Queen for staging of the motorcycles and classic cars from 7A.M. till the ride leaves at 10 A.M. We plan to leave from 1St Ave. NE. and Main Street. We would appreciate it if the Hutchinson Police Department could provide an escort as in years past when we leave. Our route would be from 1St. Ave. NE., turning onto Main St. / Hwy 15. We then would proceed to turn left onto State Hwy. 7 going west. We also would like to have the intersection at Hwy. 7 and School Rd. blocked when we would be going through, at which point HPD's assistance would no longer be needed. Our agenda has changed for this year. We will NOT be returning as a group to Hutchinson. Our ride will be terminating in Kingston, MN. We appreciate all of your help as in the past and hope that you will be able to accommodate us again this year. Thank you Charlie Ardolf Vice Pnm.-gAant Foundation For Challenged Children -I(�) �'vp MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Chief Daniel T. Hatten DATE: 4 -17 -12 RE: Farmers Market Attach is a request from Miles Seppelt and the Hutchinson Downtown Association. The request outlines their wish to host the September 15th, 2012 Farmer's Market in the City Center Parking Lot from 8 a.m. to Noon during the Arts and Crafts Festival. My staff and I have reviewed the information and I am confident that the police department can accommodate this request. The Farmer's Market is accustom to the rules and regulations in the area during the festive as they has sold their products in the City Center parking lot for the past several years during this event. 1. ASSOCIAT \ON MEMORANDUM Date: April 9, 2012 To: Dan Hatten From: Miles R. Seppelt - -fd-X Chief of Police Economic Development Director RE: Request to use City Center Parking Lot The Hutchinson Downtown Association is hereby requesting permission to make use of the City Center Parking lot for the downtown farmer's market on Saturday, September 15th, 2012 from 8:00 AM to Noon (this is during the Arts & Crafts Festival). The Farmer's Market has been in the City Center parking lot during the Arts & Crafts festival for the past several years and it seems to work well for both vendors and customers. If you have any questions or need additional information, please give me a call at (320) 234- 4223 at any time. Thank you for your time and consideration. City Center • I l l Hassan Street SE • Hutchinson, MN 55350 • Telephone: 320.234.4223 • Fax: 320 -4240 Wyof CITY OF HUTCHINSON MEMO Administration Department April 18, 2012 TO: MAYOR & CITY COUNCIL FROM: JEREMY CARTER, CITY ADMINISTRATOR SUBJECT: OUT -OF -STATE TRAVEL REQUEST The Economic Development Authority Director is requesting out -of -state travel to attend a two -day course on "Entrepreneurial and Small Business Development Strategies", which is offered by the International Economic Development Council (IEDC). This course is part of the six class curriculum that must be attended to complete the Certified Economic Developer (CEcD) certification; this designation is considered the standard of excellence for the economic development profession. The International Economic Development Council's (IEDC) Certified Economic Developers (CEcDs) are acknowledged around the world as having achieved the pinnacle of excellence in the economic development field. A course like this brings value and additional information to the respective area of the Director's expertise and provides a greater knowledge base that will benefit the City of Hutchinson in its ongoing efforts to provide greater economic growth within the community. Because of the value of this class and the pertinent course topic, I'm recommending this travel request be approved. If there are any questions on this request please let me know. Sincerely, Jeremy J. Carter City Administrator City of Hutchinson --� Ll� 'JIL�' Hutchinson MINNESOTA'S MANUFACTURING CITY Economic Development Authority MEMORANDUM Date: April 18, 2012 To: Jeremy Carter City Administrator From: Miles R. Seppelt EDA Director RE: Request for Out -of -State Travel Hi Jeremy, I am writing to request permission for out-of -state travel on June 6 / 7 / 8 to attend a professional development course in St. Louis, Missouri. The two -day course is "Entrepreneurial and Small Business Development Strategies" and is offered by the International Economic Development Council (IEDC). Course tuition and travel expenses are budgeted for and would be covered by the EDA's travel /school /conference budget line item. If you have any questions or need additional information, please give me a call at 234 -4223. Thanks, Miles I I l Hassan Street Southeast Hutchinson, NN 55350 (320)587- 5151/Fax:(320) 234 -4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application T12e Short Term Date(s) _� —�o� — % �/ /� Fee: $30.00 Month/D /Year — Month/Day /Year * —twwao 12= Organization Information HfA2,T of mn /A AI(Y'4t. Stt�oLt --c2. 320�1-3V9699 Name Phone Number `1F'60 Ceti NP -Y af)f rhn 55350 Address where regular meeting are held City State Zip Day and time of meetings? Is this organization organized under the laws of the State of Minnesota? `Siryes ❑ no How long has the organization been in existence? ► 11 q 9 How may members in the organization? too+ What is the purpose of the organization? A t m A t, LA) z l4Al2p In whose custody will organization records be kept? U-khl,yart A 0IZ44 320 �3t4737S Name Phone Number �1 ?�i 1 yok Si "UT(Hl1)5tin mn 55 350 Address City State ZIP Authorized Officer of the =30�U W Y \(l (gf�4f5 SAf)lQ aS flrSiltiP_ True Name Phone Number Residence Address Date of Birth: 40 /10/190 Month/day /year Have you ever been convicted of any crime other than a If yes, explain: City State Place of Birth: G Lery O y City traffic offense? ❑ yes 0(no Zip M Y\ State City of Hutchinson Application jor Bingo Gambling Devices License Page 2 of 3 Statute True Name Phone Number Residence Address City Date of Birth: Place of Birth: State Zip Month/day /year City Have you ever been convicted of any crime other than a traffic offense? ❑ yes no If ves. exnlain: How long have you been a member of the organization? J3 q q State Game Information Location #1 -h Name of location where game will be played Phone Number 54.E A &z l� r�r Jt Address of location where game will be played City State Zip Date(s) and /or day(s) gambling devices will be used: �`a.1i�0) through lA L AM Hours of the day gambling devices will be used: From PM To _e) C�O P Maximum number of player:_ Will prizes be paid in money or merchandise? ❑ money J' merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes .4 no If yes, will a charge be made for such refreshments? ❑ yes ❑ no Game Information Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and /or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no Officers of the Organization j y necessary, list additional names on s L n�GldYt��r k Ckyj -),6 �l UName s r Title G�. Residence Address City State Zip Mah i Name Title Residence Address City State Zip L.) City of Hutchinson Application for Bingo Gambling Devices License Page 3 of 3 Name Title or Other Persons Re.cidenre Addry e.c Name names on , Title Residence Address City State Name Residence Address Name Residence Address Title City State Title Citt, State Zip Zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager 0 yes ❑ no i Authorized Officer PKyes ❑ no /O Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. l officer of organization ofgambling manager of organization City Council ❑ approved E3 denied Notes: Date Date CITY OF HUTCHINSON R55CKREG LOG22001VO Council Check Register 4/11/2012 - 4/24/2012 Check # Ck Date Amount Vendor/ Explanation Account Description Business Unit 170204 4/16/2012 3,690.00 SUPERIOR HOME EXTERIORS HOUSING REHAB LOANS NE Neighborhood Rehab Project 170205 4/24/2012 290.00 AARP PROFESSIONAL SERVICES SENIOR CITIZENS CENTER 170206 4/24/2012 283.35 ACE HARDWARE RECEIVED NOT VOUCHERED COMPOST FUND B/S 170207 4/24/2012 101.41 AEM MECHANICAL SERVICES, INC REPAIR & MAINTENANCE SUPT HATS OPERATIONS 170208 4/24/2012 194.51 AG SYSTEMS EQUIPMENT PARTS WASTEWATER ADMINISTRATION 170209 4/24/2012 470.98 ALL IN ONE PROMOTIONS MISCELLANEOUS INVESTIGATION 170210 4/24/2012 53.44 ALPHA WIRELESS COMMUNICATIONS COMPOST MANUFACTURING 170211 4/24/2012 18,756.00 AMERESCO CONTRACTS PAYABLE - RETAIN CAPITAL IMPROVEMENTS B/S 170212 4/24/2012 120.00 AMERICAN BOTTLING CO COST OF MIX & SOFT DRINKS LIQUOR OPERATIONS 170213 4/24/2012 134.17 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE PAYROLL FUND B/S 170214 4/24/2012 10.85 AMERICAN WELDING & GAS CENTRAL GARAGE REPAIR PARK ADMINISTRATION 170215 4/24/2012 1,193.26 AMS COATING SYSTEMS INC. SIGNS & STRIPPING MATERIAL PARK ADMINISTRATION 170216 4/24/2012 503.60 ANIMAL MEDICAL CENTER ON CR, OTHER CONTRACTUAL POLICE PATROL ADMINISTRATION 170217 4/24/2012 70.44 ARAMARK UNIFORM SERVICE CLEANING SUPPLIES HATS OPERATIONS 170218 4/24/2012 228.44 ARCTIC GLACIER PREMIUM ICE IN COST OF MIX & SOFT DRINKS LIQUOR OPERATIONS 170219 4/24/2012 350.30 ARNESON DISTRIBUTING CO COST OF SALES -BEER LIQUOR OPERATIONS 170220 4/24/2012 319.66 ARROW TERMINAL LLC EQUIPMENT PARTS STREETS & ALLEYS 170221 4/24/2012 80.16 ATOMIC TARP LLC OPERATING SUPPLIES FIRE DEPT SHARED COST 170222 4/24/2012 2,000.00 AUTOMATIC SYSTEMS CO OTHER CONTRACTUAL WATER ADM 170223 4/24/2012 55.72 B & B SPORTS OPERATING SUPPLIES FIRE DEPT SHARED COST 170224 4/24/2012 2,325.00 B & L UTILITY MAINTENANCE CONTRACT REPAIR & MAINTEf WATER ADM 170225 4/24/2012 2,814.25 B. W. WELDING RECEIVED NOT VOUCHERED COMPOST FUND B/S 170226 4/24/2012 390.00 BCA TELEPROCESSING EQUIP COMMUNICATIONS- ADMINISTRATIOI` 170227 4/24/2012 173.41 BERNICK'S FOOD SERVICE COST OF MIX & SOFT DRINKS LIQUOR OPERATIONS 170228 4/24/2012 1,299.26 BFG SUPPLY COMPANY RECEIVED NOT VOUCHERED COMPOST FUND B/S 170229 4/24/2012 631.89 BLUE EARTH COUNTY DUES & SUBSCRIPTIONS POLICE ADMINISTRATION 170230 4/24/2012 5,770.03 BRANDON TIRE CO CENTRAL GARAGE REPAIR STREETS & ALLEYS 170231 4/24/2012 5,345.75 BRAUN INTERTEC CORP PROFESSIONAL SERVICES STORM WATER ADMINISTRATION ^' 170232 4/24/2012 670.00 BROTHERS FIRE PROTECTION COA CONTRACT REPAIR & MAINTEl' WASTEWATER ADMINISTRATION 170233 4/24/2012 3,183.99 BRYAN STREICH TRUCKING FREIGHT COMPOST MANUFACTURING 170234 4/24/2012 185.96 BUSINESSWARE SOLUTIONS DUE FROM UTILITIES GENERAL FUND 170235 4/24/2012 19,924.25 C & L DISTRIBUTING COST OF SALES -BEER LIQUOR OPERATIONS 170236 4/24/2012 99.80 CALIFORNIA CONTRACTORS SUPP SAFETY SUPPLIES STREETS & ALLEYS 170237 4/24/2012 11.04 CARQUESTOF HUTCHINSON MOTOR FUELS & LUBRICANTS WASTEWATER ADMINISTRATION 170238 4/24/2012 219.63 CENTRAL HYDRAULICS RECEIVED NOT VOUCHERED COMPOST FUND B/S 170239 4/24/2012 211.79 CENTRAL MCGOWAN OPERATING SUPPLIES HATS OPERATIONS 170240 4/24/2012 959.74 CHAPPELL CENTRAL INC. CONTRACT REPAIR & MAINTEI WATER ADM 170241 4/24/2012 40.00 CHRISTIE, ANGELA RECREATION ACTIVITY FEES SOCCER 170242 4/24/2012 16.00 CLOBES, TOM OTHER REVENUES RECREATION BLDG. & POOL 170243 4/24/2012 176.34 COMPAR, INC OPERATING SUPPLIES POLICE PATROL ADMINISTRATION 170244 4/24/2012 25.00 CONTRERAS, RAQUEL RECREATION ACTIVITY FEES SOCCER 170245 4/24/2012 355.00 CORNER POST EROSION CONTROI OTHER CONTRACTUAL STORM WATER ADMINISTRATION 170246 4/24/2012 133.46 CROW RIVER AUTO & TRUCK REP, AUTOMOTIVE REPAIR POLICE PATROL ADMINISTRATION 170247 4/24/2012 305.47 CROW RIVER GLASS & SIGNS REPAIR & MAINTENANCE SUPf RECREATION BLDG. & POOL 170248 4/24/2012 105.00 CROW RIVER PRESS INC PRINTING & PUBLISHING EVENTS CENTER ADM. 170249 4/24/2012 1,440.00 CROW RIVER SIGNS OPERATING SUPPLIES SOCCER 170250 4/24/2012 3,532.43 CUMMINS NPOWER, LLC CONTRACT REPAIR & MAINTEI EMERGENCY MANAGEMENT 170251 4/24/2012 6,724.85 DAY DISTRIBUTING COST OF SALES -BEER LIQUOR OPERATIONS 170252 4/24/2012 5,662.43 DPC INDUSTRIES INC CHEMICALS & PRODUCTS WASTEWATER ADMINISTRATION 170253 4/24/2012 2,425.07 DROP -N -GO SHIPPING, INC PRINTING & PUBLISHING CITY ENGINEER 170254 4/24/2012 5,075.00 DUANE BLOCK TRUCKING INC FREIGHT COMPOST MANUFACTURING 170255 4/24/2012 30.00 DUNDEE MISCELLANEOUS FINANCE - ADMINISTRATION 170256 4/24/2012 804.17 E2 ELECTRICAL SERVICES INC RECEIVED NOT VOUCHERED COMPOST FUND B/5 170257 4/24/2012 188.10 ECOLAB PEST ELIM RECEIVED NOT VOUCHERED COMPOST FUND B/S 170258 4/24/2012 100.00 EHLERS & ASSOCIATES INC MISCELLANEOUS 2011 IMPROV BOND DEBT SERVICE 170259 4/24/2012 1,805.00 EMERSON NETWORK POWER DATA PROC EQUIPMENT RENT INFORMATION SERVICES ADMIN. 170260 4/24/2012 1,190.59 ENGINEERING AMERICA, INC. EQUIPMENT PARTS WASTEWATER ADMINISTRATION 170261 4/24/2012 4,030.00 EVERBRIDGE INC DATA PROC EQUIPMENT RENT INFORMATION SERVICES ADMIN. 170262 4/24/2012 814.09 EXNER, KENT SMALLTOOLS CITY ENGINEER 170263 4/24/2012 1,070.04 FASTENAL COMPANY CENTRAL GARAGE REPAIR PARK ADMINISTRATION 170264 4/24/2012 5,016.72 FENSKE'S STUMP REMOVAL CONTRACT REPAIR & MAINTEI PARK ADMINISTRATION J 170265 4/24/2012 123.84 FIELDSTONE VINEYARDS COST OF SALES -WINE LIQUOR OPERATIONS v� 170266 4/24/2012 749.78 FINANCE & COMMERCE ADVERTISING CITY ENGINEER 170267 4/24/2012 245.29 FIRE SAFETY USA, INC OPERATING SUPPLIES FIRE DEPT SHARED COST 170268 4/24/2012 111.25 FISHER SCIENTIFIC OPERATING SUPPLIES WASTEWATER ADMINISTRATION 170269 4/24/2012 57.03 G & K SERVICES OPERATING SUPPLIES COMPOST MANUFACTURING 170270 4/24/2012 3,200.00 GAVIN, OLSON & WINTERS, LTD PROFESSIONAL SERVICES LEGAL 170271 4/24/2012 340.00 GOVERNMENT FINANCE OFFICER`. DUES & SUBSCRIPTIONS FINANCE - ADMINISTRATION 170272 4/24/2012 100.64 GURSTEL, STALOCK & CHARGO PA ACCRUED GARNISHMENTS PAYROLL FUND B/S 170273 4/24/2012 1,979.10 GURSTEL, STALOCK & CHARGO PP ACCRUED GARNISHMENTS PAYROLL FUND B/S 170274 4/24/2012 557.07 H.A. R.T. ACCRUED DEFERRED COMP PAYROLL FUND B/S 170275 4/24/2012 50.77 HAGER JEWELRY INC. MISCELLANEOUS CITY ADMINISTRATOR - ADM 170276 4/24/2012 65.73 HANSEN GRAVEL OPERATING SUPPLIES PARK ADMINISTRATION 170277 4/24/2012 15.00 HARBARTH, SARAH OTHER REVENUES RECREATION BLDG. & POOL 170278 4/24/2012 309.40 HASLER, INC RENTALS WASTEWATER ADMINISTRATION 170279 4/24/2012 50.00 HENNEPIN COUNTY COURT ADMI OTHER REVENUES POLICE ADMINISTRATION 170280 4/24/2012 595.94 HILLYARD / HUTCHINSON CLEANING SUPPLIES RECREATION BLDG. & POOL 170281 4/24/2012 1,003.45 HJERPE CONTRACTING CONTRACT REPAIR & MAINTEI STREETS & ALLEYS 170282 4/24/2012 169.99 HSBC BUSINESS SOLUTIONS SMALLTOOLS WASTEWATER ADMINISTRATION 170283 4/24/2012 3,000.00 HUTCHINSON AREA CHAMBER OF BAND CONCERTS UNALLOCATED GENERAL 170284 4/24/2012 2,162.00 HUTCHINSON AREA HEALTH CARE COMMON AREA MAINTENAN( EVENTS CENTER ADM. 170285 4/24/2012 4,245.56 HUTCHINSON CO -OP MOTOR FUELS & LUBRICANTS COMPOST MANUFACTURING 170286 4/24/2012 312.00 HUTCHINSON PLUMBING & HEAT CONTRACT REPAIR & MAINTEI FIRE DEPT BUILD MAINT 170287 4/24/2012 1,575.00 HUTCHINSON SENIOR ADVISORY I OPERATING SUPPLIES SENIOR CITIZENS CENTER 170288 4/24/2012 133,051.99 HUTCHINSON UTILITIES STREET LIGHTING UTILITIES STREETS & ALLEYS 170289 4/24/2012 394.36 HUTCHINSON WHOLESALE SMALLTOOLS POLICE PATROL ADMINISTRATION 170290 4/24/2012 4,610.16 HUTCHINSON, CITY OF UTILITIES CLOSED BOND FUNDS 170291 4/24/2012 4,000.00 HUTCHINSON, CITY OF MISCELLANEOUS ATM MACHINE 170292 4/24/2012 9.17 INDEPENDENT EMERGENCY SERV COMMUNICATIONS POLICE ADMINISTRATION 170293 4/24/2012 468.30 INTERSTATE BATTERY SYSTEM MI EQUIPMENT PARTS STREETS & ALLEYS 170294 4/24/2012 12.33 JAY MALONE MOTORS CENTRAL GARAGE REPAIR FIRE DEPT SHARED COST 170295 4/24/2012 986.14 JEFF MEEHAN SALES INC. ACCRUED COMMISSIONS PAY) COMPOST FUND B/S 170296 4/24/2012 352.25 A TAYLOR DIST OF MN COST OF SALES -BEER LIQUOR OPERATIONS 170297 4/24/2012 35.00 JODZIO, BETTY OTHER REVENUES RECREATION BLDG. & POOL 170298 4/24/2012 23,266.50 JOHNSON BROTHERS LIQUOR CO. COST OF SALES -WINE LIQUOR OPERATIONS } 170299 4/24/2012 40.00 JOHNSON, PATRICIA RECREATION ACTIVITY FEES SOCCER (/� 170300 4/24/2012 2,404.46 KAREN'S ELECTRIC INC CONTRACT REPAIR & MAINTEI STREETS & ALLEYS J r- 170301 4/24/2012 300.00 KARP FM RADIO ADVERTISING CIVIC ARENA 170302 4/24/2012 116.00 KDUZ KARP RADIO ADVERTISING LIQUOR OPERATIONS 170303 4/24/2012 3,618.38 KG MARKETING & BAG CO INC. RECEIVED NOT VOUCHERED COMPOST FUND B/S 170304 4/24/2012 380.37 KLOSS, TOM OFFICE SUPPLIES COMPOST MANUFACTURING 170305 4/24/2012 59.70 KOBOW, BECKY DUES & SUBSCRIPTIONS COMPOST MANUFACTURING 170306 4/24/2012 125.00 KOSKI, COLIN UNIFORMS & PERSONAL EQUI WATER ADM 170307 4/24/2012 15.00 KRAMER, DAVE OTHER REVENUES RECREATION BLDG. & POOL 170308 4/24/2012 3,322.54 L & P SUPPLY CO CENTRAL GARAGE REPAIR PARK ADMINISTRATION 170309 4/24/2012 15.00 LANE, SHELLY OTHER REVENUES RECREATION BLDG. & POOL 170310 4/24/2012 142.98 LARSON, JASON UNIFORMS & PERSONAL EQUI POLICE PATROL ADMINISTRATION 170311 4/24/2012 311.90 LARSON, QUENTIN TRAVEL SCHOOL CONFERENCE CITY ENGINEER 170312 4/24/2012 180.94 LEAGUE OF MN CITIES -INS TRUST INSURANCE - DEDUCTIBLE COS] UNALLOCATED GENERAL 170313 4/24/2012 136.00 LEXISNEXIS OTHER CONTRACTUAL INVESTIGATION 170314 4/24/2012 617.50 LEXISNEXIS DRUG TESTING UNALLOCATED GENERAL 170315 4/24/2012 648.96 LIFE INSURANCE COMPANY OF AP ACCRUED LIFE INSURANCE PAYROLL FUND B/S 170316 4/24/2012 1,206.57 LIFE INSURANCE COMPANY OF A� EMPL.HEALTH & INS. BENEFIT POLICE ADMINISTRATION 170317 4/24/2012 803.28 LIFE INSURANCE COMPANY OF AIN EMPL.HEALTH & INS. BENEFIT POLICE ADMINISTRATION 170318 4/24/2012 35.07 LOCATORS & SUPPLIES SAFETY SUPPLIES STREETS & ALLEYS 170319 4/24/2012 27,442.08 LOCHER BROTHERS INC COST OF SALES -BEER LIQUOR OPERATIONS 170320 4/24/2012 25,444.82 LOGIS DATA PROC EQUIPMENT RENT POLICE ADMINISTRATION 170321 4/24/2012 35.00 LOWINSKE, PATTI OTHER REVENUES RECREATION BLDG. & POOL 170322 4/24/2012 500.00 LTP ENTERPRISES CONTRACT REPAIR & MAINTE[ WATER ADM 170323 4/24/2012 335.16 LYNDE & MCLEOD INC RECEIVED NOT VOUCHERED COMPOST FUND B/S 170324 4/24/2012 11.26 MATHESON TRI -GAS INC RENTALS WASTEWATER ADMINISTRATION 170325 4/24/2012 230.99 MAYTAG LAUNDRY & CAR WASH PROFESSIONAL SERVICES EVENTS CENTER ADM. 170326 4/24/2012 181.68 MCCORMICK'S FAMILY RESTAURP OPERATING SUPPLIES SENIOR CITIZENS CENTER 170327 4/24/2012 30.00 MCKEE, JULIE RECREATION ACTIVITY FEES SOCCER 170328 4/24/2012 99,424.41 MEDICA DUE TO EMPLOYEE INSURANC PAYROLL FUND B/S 170329 4/24/2012 20.00 MEHR, BRIAN TRAVEL SCHOOL CONFERENCE WASTEWATER ADMINISTRATION 170330 4/24/2012 208.34 MENARDS HUTCHINSON REPAIR & MAINTENANCE SUP[ PARK ADMINISTRATION 170331 4/24/2012 791.48 METRO FIRE SMALLTOOLS RURAL FIREFIGHTERS 170332 4/24/2012 470.50 MICROBIOLOGICS, INC OPERATING SUPPLIES WASTEWATER ADMINISTRATION 170333 4/24/2012 64.40 MIES, MIKE TRAVEL SCHOOL CONFERENCE WASTEWATER ADMINISTRATION 170334 4/24/2012 34.80 MINNEAPOLIS, CITY OF OTHER CONTRACTUAL INVESTIGATION J 170335 4/24/2012 1,004.63 MINNESOTA CHIEFS OF POLICE A'. OPERATING SUPPLIES POLICE ADMINISTRATION 170336 4/24/2012 333.28 MINNESOTA DEPT OF LABOR & IN BLDG PERMIT SURCHARGES BUILDING INSPECTION 170337 4/24/2012 395.42 MINNESOTA UNEMPLOYMENT IN MISCELLANEOUS FIRE - ADMINISTRATION 170338 4/24/2012 2,474.60 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL CLOSED BOND FUNDS 170339 4/24/2012 78.00 MINNESOTA WINEGROWERS COC COST OF SALES -WINE LIQUOR OPERATIONS 170340 4/24/2012 330.00 MN SOCIETY OF PROFESSIONAL El DUES & SUBSCRIPTIONS CITY ENGINEER 170341 4/24/2012 15,895.45 NATIONAL BARK SALES RECEIVED NOT VOUCHERED COMPOST FUND B/S 170342 4/24/2012 325.95 NATIONAL PEN CORPORATION ADVERTISING LIQUOR OPERATIONS 170343 4/24/2012 410.00 NORTH SHORE ANALYTICAL INC OTHER CONTRACTUAL WASTEWATER ADMINISTRATION 170344 4/24/2012 908.91 NORTHERN BUSINESS PRODUCTS RECEIVED NOT VOUCHERED COMPOST FUND B/S 170345 4/24/2012 552.52 NORTHERN STATES SUPPLY INC OPERATING SUPPLIES PARK ADMINISTRATION 170346 4/24/2012 7.68 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR PARK ADMINISTRATION 170347 4/24/2012 80.32 OFFICE DEPOT OFFICE SUPPLIES CEMETERY 170348 4/24/2012 37.00 OFFICE OF ENTERPRISE TECHNOUTELEPROCESSING EQUIP COMMUNICATIONS - ADMINISTRATION 170349 4/24/2012 30.00 OGAARD, TRISHA RECREATION ACTIVITY FEES SOCCER 170350 4/24/2012 202.36 OVERHEAD DOOR OF ST.CLOUD Ir CONTRACT REPAIR & MAINTEI LIQUOR OPERATIONS 170351 4/24/2012 3,990.00 PEAT INC. 170352 4/24/2012 7,178.10 PERDUE AGRIRECYCLE INC RECEIVED NOT VOUCHERED COMPOST FUND B/S 170353 4/24/2012 7,799.35 PHILLIPS WINE &SPIRITS COST OF SALES -WINE LIQUOR OPERATIONS 170354 4/24/2012 36.68 POSITIVE ID INC MISCELLANEOUS FINANCE - ADMINISTRATION 170355 4/24/2012 84.00 PRINCE CORP RECEIVED NOT VOUCHERED COMPOST FUND B/S 170356 4/24/2012 128.22 PRO -BUILD REPAIR & MAINTENANCE SUP[ PARK ADMINISTRATION 170357 4/24/2012 133.16 QUADE ELECTRIC OPERATING SUPPLIES CIVIC ARENA 170358 4/24/2012 4,511.08 QUALITY FLOW SYSTEMS CONTRACT REPAIR & MAINTEI WASTEWATER ADMINISTRATION 170359 4/24/2012 116.17 QUILL CORP OFFICE SUPPLIES INVESTIGATION 170360 4/24/2012 18,650.00 R. BECK & SONS CONSTRUCTION I HOUSING REHAB LOANS NE Neighborhood Rehab Project 170361 4/24/2012 1,350.00 REGIONAL CARRIERS, INC FREIGHT COMPOST MANUFACTURING 170362 4/24/2012 16,827.28 REINER ENTERPRISES, INC FREIGHT COMPOST MANUFACTURING 170363 4/24/2012 1,218.98 ROYALTIRE CENTRAL GARAGE REPAIR AIRPORT 170364 4/24/2012 82.92 RUNNING'SSUPPLY REPAIR& MAINTENANCE SUP[ CIVIC ARENA 170365 4/24/2012 1,908.97 SCHMELING OIL CO RECEIVED NOT VOUCH ERED COMPOST FUND B/S 170366 4/24/2012 64.14 SCOTT'S WINDOW CLEANING SER CONTRACT REPAIR & MAINTEr LIQUOR OPERATIONS 170367 4/24/2012 3,506.50 SEH PROFESSIONAL SERVICES LET #6 12 -07 WATER TOWER REHAB 170368 4/24/2012 100.00 SHAW, KAREN PROFESSIONAL SERVICES SENIOR CITIZENS CENTER 170369 4/24/2012 71.00 SHRED -IT USA INC CONTRACT REPAIR & MAINTE( FINANCE - ADMINISTRATION 170370 4/24/2012 104.78 SIMONSON LUMBER CO REPAIR & MAINTENANCE SUPT PARK ADMINISTRATION 170371 4/24/2012 147.49 SORENSEN'S SALES & RENTALS RENTALS PARK ADMINISTRATION 170372 4/24/2012 5,828.76 SOUTHERN WINE & SPIRITS OF M COST OF SALES - LIQUOR LIQUOR OPERATIONS 170373 4/24/2012 151.50 SPS COMMERCE RECEIVED NOT VOUCHERED COMPOST FUND B/S 170374 4/24/2012 1,660.95 STANDARD PRINTING PRINTING & PUBLISHING FINANCE - ADMINISTRATION 170375 4/24/2012 776.29 STAPLES ADVANTAGE OFFICE SUPPLIES COMPOST MANUFACTURING 170376 4/24/2012 5,435.52 SUNCOAST GARDEN PRODUCTS INC. 170377 4/24/2012 2,188.00 SVE PORTABLE ROADWAY SYSTEM OPERATING SUPPLIES CEMETERY 170378 4/24/2012 99.75 TASC FLEX ADMINISTRATION FEE POLICE ADMINISTRATION 170379 4/24/2012 199.32 TELEDYNE ISCO, INC. EQUIPMENT PARTS WASTEWATER ADMINISTRATION 170380 4/24/2012 500.00 THORSON TRUCKING FREIGHT COMPOST MANUFACTURING 170381 4/24/2012 2,514.19 TITAN MACHINERY RECEIVED NOT VOUCHERED COMPOST FUND B/S 170382 4/24/2012 1,450.00 TKDA PROFESSIONAL SERVICES AIRPORT CONSTRUCTION B/S 170383 4/24/2012 30.67 TOTAL FIRE PROTECTION SAFETY SUPPLIES POLICE PATROL ADMINISTRATION 170384 4/24/2012 324.28 TRI COUNTY WATER OFFICE SUPPLIES HATS OPERATIONS 170385 4/24/2012 1,000.00 US COMPOSTING COUNCIL DUES & SUBSCRIPTIONS COMPOST MANUFACTURING 170386 4/24/2012 787.31 USA BLUE BOOK EQUIPMENT PARTS WASTEWATER ADMINISTRATION 170387 4/24/2012 1,547.32 VALLEY SALES OFHUTCHINSON CENTRAL GARAGE REPAIR FIRE - ADMINISTRATION 170388 4/24/2012 39.63 VERIZON WIRELESS COMMUNICATIONS EMERGENCY MANAGEMENT 170389 4/24/2012 16,075.35 VIKING BEER COST OF SALES -BEER LIQUOR OPERATIONS 170390 4/24/2012 423.50 VIKING COCA COLA FOOD PRODUCTS- CONCESSIOI EVENTS CENTER ADM. 170391 4/24/2012 513.00 VIKING SIGN & GRAPHICS INC CENTRAL GARAGE REPAIR FIRE - ADMINISTRATION 170392 4/24/2012 1,132.13 VINOCOPIA INC COST OF SALES -WINE LIQUOR OPERATIONS 170393 4/24/2012 2,000.00 VISUAL EFFECTS SIGN & GRAPHIC' LOAN Downtown Grant Program 170394 4/24/2012 2,663.52 WAHL REBUILD & REPAIR INC EQUIPMENT PARTS COMPOST MANUFACTURING 170395 4/24/2012 47,251.50 WASTE MANAGEMENT OF WI -M� REFUSE - LANDFILL CHARGES REFUSE& RECYCLING 170396 4/24/2012 1,400.00 WCCO -AM RECEIVED NOT VOUCHERED COMPOST FUND B/S 170397 4/24/2012 60.00 WELCOME NEIGHBOR ADVERTISING LIQUOR OPERATIONS 170398 4/24/2012 1,488.00 WENDLING, BARB LOAN Downtown Grant Program 170399 4/24/2012 637.24 WEST PUBLISHING PAYMENT CTR OPERATING SUPPLIES LEGAL 170400 4/24/2012 2,500.00 WESTAFER ENTERPRISES OTHER CONTRACTUAL COMPOST MANUFACTURING —1 170401 4/24/2012 15.00 WHITTINGTON, EMILY OTHER REVENUES RECREATION BLDG. & POOL Fj� 170402 4/24/2012 25.00 WILLHITE, BRENDA RECREATION ACTIVITY FEES SOCCER 170403 4/24/2012 1,181.00 WINE COMPANY, THE COST OF SALES -WINE LIQUOR OPERATIONS 170404 4/24/2012 815.25 WINE MERCHANTS INC COST OF SALES -WINE LIQUOR OPERATIONS 170405 4/24/2012 15,163.09 WIRTZ BEVERAGE MINNESOTA COST OF SALES- LIQUOR LIQUOR OPERATIONS 170406 4/24/2012 144.00 WOODLAND HILL VINEYARDS LLC COST OF SALES -WINE LIQUOR OPERATIONS 170407 4/24/2012 803.00 WORK CONNECTION, THE OTHER CONTRACTUAL COMPOST MANUFACTURING 170408 4/24/2012 431.78 ZARNOTH BRUSH WORKS INC CENTRAL GARAGE REPAIR STORM WATER ADMINISTRATION 170409 4/24/2012 789.81 ZEP MANUFACTURING CO REPAIR & MAINTENANCE SUP[ HATS OPERATIONS Grand Total Payment Instrument Totals Check Total 683,217.05 Total Payme 683,217.05 J ELECTRONIC FUNDS TRANSFERS 4/24/2012 TAX FUND PAYABLE TO FUEL HATS MN DEPT OF REV SALES TAX LIQUOR MN DEPT OF REV USE TAX PRCE CIVIC ARENA MN DEPT OF REV SALES & USE TAX WATER SEWER CREEKSII MN DEPT OF REV AMOUNT $816.76 $40,900.00 $1,203.69 $11,624.00 $54,544.45 PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 04/2012012 Period Ending Date: 04114/2012 $51,641.52 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $10,691.20 MN Department of Revenue State Withholding Tax $39,260.70 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $1,898.97 TASC Employee Flex Spending Deductions $6,220.49 TASC Employee Contributions to Heath Savings Account $500.00 MNDCP Employee Contributions - Deferred Comp $1,440.00 ING Employee Contributions - Deferred Comp $1,230.00 ICMA Retirement Trust Employee Contributions - Deferred Comp $886.92 MN Child Support System Employee Deductions $0.00 MSRS - Health Savings Plan Employee Deductions to Health Savings Plan $113,769.80 Total Electronic Funds Transfer J l C TO: Mayor and City Council Members FROM: John Paulson, Environmental Specialist Kent Exner, City Engineer RE: Ameresco Measurement & Verification Final Report DATE: April 24, 2012 Upon the completion of the lighting retrofit and VFD project, Ameresco began collecting data regarding the energy being used to verify that the savings guarantee was being met. The data collected included real time analysis of the occupancy sensors, actual electrical panel measurements, and continuous usage trends of the VFD's. The data collected for the lighting project was extrapolated from a representative sample of 20% of the lights retrofitted. The VFD energy savings are actual measurements that have been collected from the date the VFD's were put into service. The measured and verified savings are included in the M &V summary that is attached. The actual savings exceeded the guaranteed amount for the lighting project by 5 %. The VFD savings guarantee was exceed by 53 %. This was due in part to a roughly 23% reduction in average BOD loading during the time period measured. The remaining excess savings can be attributed to the optimization of the VFD's through the integration of inline dissolved oxygen probes with the control system. Controlling the speed of the motors automatically by the demand of the treatment process has optimized the utilization of the VFD's. The attached summary includes quantified savings and sample photos for your reference. City staff welcomes your comments and will assist the council in any way we can. cc: Jeremy Carter— City Administrator � LJ lei un 00% •i PF,!"Iwm- iiLll 1 r L fol I , !A 0 N rl,A� N ■ m 3 r--F ,046� L--- j 91, el 1 Ul `�J m diF —1 Ch 4t rim rf LL ■ ,o �D 0 1%66 IK I� JL F AL - 9m. ■ IV64 N-LI6 16 b6-1 a% I;zl I o� a� CL 0 ta t 0 r+ i� e rr 1 Cf C� Ln 0 w tio LLI qw 0 06 0 un 4-1 C, E LL > ti 4 c E > d it -W —mv sp d 49 LP POOL ■ L L mL 4� 1 41nn C= Q-Z vm� Uri %Ll• Fmq o \CD cw�o t, -P P & CIA te) en ur) (6L% cq C% Loll L) L 1 rr--r POOL ■ L L mL cl 0 ui cu - 0 � mi ` CD 0 0 C.) ^_ .. _. _` Q) U) a) mc: ._ .� cm) Cc 0 CD Co -. `. 0) -_ 0 .. .�� 7:3 ' .. ~' 'o I ._ ... 0 ~ C: ~~ w4mmj ` ~ .` .- ,. �� .. `= ^= �-` .. 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Ul =- -- .. ._ .. � ,- ` �jo � � V .�` � .~' ` ' ' ' ' '. .'. 0 .- '^ '. 0 Ca ` .. .. llp� tko (n 3: X 0 cu mow tb&4 cn CU ur) Ln 0) il `.� |.0 ~'- � � � :. . ` ., .' .- `~ '* W `~ Z u� . Lr) 4*0 .' Ln ... -. ._ .. � ,- `.� |.0 ~'- � � � CERTIFICATION OF MINUTES RELATING TO PUBLIC UTILITY REVENUE REFUNDING BONDS, SERIES 2012A City: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on April 23, 2012, at 5:30 o'clock p.m. in the Council Chambers at the Hutchinson City Center. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. 13996 RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF PUBLIC UTILITY REVENUE REFUNDING BONDS, SERIES 2012A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds 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 bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the Councilmembers indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer April 24, 2012. (SEAL) Jeremy Carter, City Administrator 0 �)- RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF PUBLIC UTILITY REVENUE REFUNDING BONDS, SERIES 2012A BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City "), as follows: SECTION 1. RECITALS, AUTHORIZATION AND SALE. 1.01. Recitals and Authorization. (a) The City of Hutchinson now owns and operates through the Hutchinson Utilities Commission (the "Commission "), as a revenue - producing convenience, a system for the generation and distribution of electricity and natural gas for the use of the City and its inhabitants and other customers (the "Utility "). The City Council on October 28, 1986 adopted a resolution designating the Commission a municipal power agency pursuant to Minnesota Statutes, Chapter 453, and the Commission by a resolution adopted October 7, 1986, as amended by a resolution adopted November 3, 1986, has determined to proceed to exercise any and all power granted to a municipal power agency pursuant to the provisions of Minnesota Statutes, Chapter 453. (b) The City has heretofore issued its Public Utility Bonds, Series 2003B, dated, as originally issued, as of March 1, 2003, in the original principal amount of $31,725,000 (the "Series 2003 Bonds "), pursuant to a resolution adopted by this Council on February 11, 2003 (the "Bond Resolution ") to construct improvements to the Utility and to refund outstanding bonds issued to refund bonds that financed improvements to the Utility. (c) This Council hereby determines that it is in the best interests of the City to authorize the issuance and sale of its Public Utility Revenue Refunding Bonds, Series 2012A, (the "Bonds "), the proceeds of which will be used, together with City funds on hand as may be required, to (i) pay all or a portion of the principal and interest to become due on the Series 2003 Bonds to and including June 1, 2013 and to redeem on June 1, 2013 (the "Redemption Date "), all or a portion of the Series 2003 Bonds maturing in 2013 and later years, (ii) to fund a debt service reserve fund for the Bonds in the amount required by the Bond Resolution, and (iii) to pay costs of issuance of the Bonds. The Series 2003 Bonds refunded by the Bonds are referred to herein as the "Refunded Bonds" and the refunding of the Refunded Bonds is referred to herein as the "Refunding ". The Bonds shall be issued as a series of additional bonds under the Section 6.03 of the Bond Resolution, shall be payable from net revenues of the City's electric system and natural gas system which have been pledged and appropriated to the payment thereof by the Bond Resolution, and shall be secured by the Bond Resolution on a parity with the Series 2003 Bonds remaining outstanding after the Refunding. 1.02. Sale and Bond Purchase Agreement. The Bonds authorized hereby shall be sold to Barclays Capital Inc. (the Underwriter) at a purchase price of not less than 99.00% of the principal amount of the Bonds (exclusive of original issue discount), the 11 L4) Bonds to be dated as of the date of delivery, to bear interest at a rate or rates per annum resulting in gross savings to the City (after delivery date expenses) of not less than $ and to mature no later than December 1, 2026. The principal amount of the Bonds shall not exceed the amount necessary to accomplish the refunding of the Refunded Bonds, to fund a debt service reserve fund by the Bonds in the amount required by the Bond Resolution and to pay costs of issuing the Bonds (including underwriter's discount, any original issue discount and the costs of bond insurance, if recommended by the Underwriter). The Mayor and City Administrator are hereby authorized and directed to agree with the Underwriter upon the exact purchase price, principal amount, maturities, redemption provisions and interest rate or rates for the Bonds, within the parameters set forth in this section. The execution of a Bond Purchase Agreement setting forth such final terms by the Mayor and City Administrator is hereby approved and authorized and such execution shall be conclusive evidence of such agreement and shall be binding upon the City. The provisions of the Bond Purchase Agreement as so executed, including all Exhibits and Appendices thereto, are incorporated herein by reference. The law firm of Dorsey & Whitney LLP, in Minneapolis, Minnesota, is hereby appointed as bond counsel and disclosure counsel for purposes of this issue of Bonds. 1.04. Officials Authorized to Execute Documents. The Mayor and City Administrator are hereby authorized and directed to execute and deliver the Bond Purchase Agreement and the documents required thereunder, the Official Statement, the Bonds and any other documents required to complete the financing contemplated hereby, including an insurance policy for all or a portion of the Bonds if deemed advisable by the Underwriter. Execution and delivery of such documents by the Mayor and City Administrator shall constitute evidence that such items are consistent with the terms of this resolution and have been duly authorized, executed and delivered by the City and are enforceable against the City in accordance with their terms, subject to customary exceptions relating to bankruptcy, reorganization, insolvency and other laws affecting creditors' rights. The Mayor and City Administrator are further authorized to take such other actions as may be required to effectuate the terms and intent of this resolution. In the event of the absence or disability of the Mayor and City Administrator, the acting Mayor, the acting City Administrator are hereby authorized to act in the place and stead of the Mayor and City Administrator, and to take all actions and execute all documents approved hereby. 1.05. Official Statement. The Mayor and City Administrator are authorized, in cooperation with the Commission and Underwriter, to prepare an Official Statement to be distributed to prospective purchasers of the Bonds. The Mayor and the City Administrator are hereby authorized and directed to approve the Official Statement. SECTION 2. BOND TERMS EXECUTION AND DELIVERY AND REGISTRAR. 2.01. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed and authenticated on behalf of the City by the signatures of the Mayor and the City Administrator. All -2- 11 L) signatures may be printed, lithographed or engraved facsimiles of the original. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile 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. After the Bonds have been so prepared and executed, the City Administer shall deliver them to the Registrar for delivery to the Underwriter on receipt of the purchase price heretofore agreed upon, and the Underwriter shall not be required to see to the application thereof. 2.02. Maturities, Interest Rates and Forms. The Bonds shall be issued in the denomination of $5,000 each, or any integral multiple thereof, shall mature on the dates and in the respective years and amounts, and shall bear interest from date of original issue until paid or duly called for redemption at the respective annual rates stated opposite such maturity years as shown on Exhibit A to the Bond Purchase Agreement. 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; provided if the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Each Bond shall bear a date of original issue as of the date on which the Bonds are delivered to the Underwriter. Upon the initial delivery of the Bonds pursuant to Section 2.01 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. The interest on the Bonds shall be payable on the dates shown on Exhibit A to the Bond Purchase Agreement, to the owner of record thereof as the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest shall be computed on the basis of a 360 day year composed of twelve 30 day months. 2.04. Redemption. The Bonds shall be subject to redemption prior to maturity, at the option of the City, in the years and at the redemption prices set forth in Exhibit A to the Bond Purchase Agreement in such order of maturities as may be designated by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, assigned in proportion to their principal amounts. The City Administer shall cause notice of the call for redemption thereof to be published as and if required by law, and, at least thirty days prior to the designated redemption date, shall cause notice of the call thereof for redemption to be mailed, by first class mail (or, if applicable, by the bond depository in accordance with its customary procedures), to the registered owners of any 3 1 I V) Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof, but no defect in or failure to give such mailed notice 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 of Bonds 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 of Bonds shall cease to bear interest. Upon 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. 2.05. Appointment of Registrar and Registration. The City hereby appoints Bond Trust Services Corporation, Roseville, Minnesota, as bond registrar, transfer agent and paying agent (the Registrar). The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the 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 and shall deliver the bond register to the successor Registrar. No resignation or removal of the Registrar shall become effective until a successor Registrar has been appointed and has accepted such appointment. Any Bond Insurer shall be furnished prompt written notice of the resignation or removal of the Registrar and the appointment of a successor. 2.06. Registration. 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 to the Registrar 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. I I �� (c) Exchange of Bonds. Whenever any Bond is surrendered to the Registrar by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount, interest rate 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 canceled 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 valid and genuine and that the requested 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. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, 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 City and the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to the Registrar, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled 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. 2.07. Bond Form. The Bonds shall be prepared in substantially the form presented to and approved by this Council and on file in the office of the City Administrator. 2.08. Securities Depository. The City Administrator may, on or before the date of issue of the Bonds, direct that the Bonds be issued in book -entry form and so long as they remain in such form, the following provisions shall apply: (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 pursuant to which the sender agrees to comply with DTC's Operational Arrangements. (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 -6- I I lam) 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 DTC's Operational Arrangements, 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 or City Administer, if not previously filed with DTC, is hereby authorized and directed. (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 3. REDEMPTION OF REFUNDED BONDS, AGREEMENT. 3.01. Use of Proceeds and Escrow Account. There is hereby established as a separate account known as the "Escrow Account" in the Sinking and Interest Account referred to in Section 4.05 of the Bond Resolution. A portion of the proceeds of the Bonds shall be deposited into the Escrow Account and are irrevocably appropriated for the payment of interest and principal to become due on the Refunded Bonds to and including the Redemption Date, and for the payment and redemption of the Refunded Bonds maturing on and after December 1, 2013 on the Redemption Date. The City Finance Director hereby authorized and directed, simultaneously with the delivery of the Bonds, to deposit the proceeds thereof, to the extent described above, in escrow with an escrow agent (the "Escrow Agent'), which shall be a banking institution whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000, and shall invest the funds so deposited in securities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 8, maturing on such dates and bearing interest at such rates as are required to provide funds sufficient, with cash retained in the escrow account, to make the above - described payments. The Mayor and City Administrator are hereby authorized to enter into an Escrow Agreement with the Escrow Agent establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. The remaining portion of the proceeds of the Bonds shall be used to make the required deposit to the Reserve Account referred to in Section 4.06 of the Bond Resolution and to pay costs of issuance of the Bonds. 3.02. Redemption of Refunded Bonds. The City Administer is hereby authorized and directed forthwith to call, or to cause the Escrow Agent to call, for redemption on the Redemption Date all Refunded Bonds maturing in the year 2013 and thereafter. Notice of the redemption of the Refunded Bonds shall be mailed in accordance with the terms of the Bond Resolution. SECTION 4. BONDS SECURED BY BOND RESOLUTION. The Bonds shall be issued and secured as additional bonds under Section 6.03 of the Bond Resolution and shall be payable from the Sinking and Interest Account referred to in Section 4.05 of the Bond Resolution on a parity with the outstanding Series 2003 Bonds and any additional bonds issued under Section 6.03 of the Bond Resolution, and shall be secured by each and all of the covenants and other provisions of the Bond Resolution as fully as though the Bonds were expressly described and authorized therein. SECTION 5. 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 registered owners 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 Registrar 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 Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. 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 authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required to pay all principal, interest and redemption premiums to become due on the Bonds to maturity or earlier designated redemption date. -8- � I L) SECTION 6. CERTIFICATION OF PROCEEDINGS. The officers of the City are hereby authorized and directed to prepare and fu mish to the Underwriter and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds 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 in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. SECTION 7. COUNTY AUDITOR REGISTRATION, CERTIFICATION AND PROCEEDINGS, INVESTMENT OF MONEYS, ARBITRAGE AND OFFICIAL STATEMENT AND PAYMENT OF COSTS. 7.01. County Auditor 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 the County Auditor shall require, and to obtain from said County Auditor a certificate that the Bonds have been entered on his bond register 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 of the Bonds 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. Tax 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 the Treasury Regulations promulgated thereunder (the "Regulations "), 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 the Code and the Regulations. The City will cause to be filed with the Secretary of Treasury an information reporting statement in the form and at the time prescribed by the Code. The improvements to be refinanced by the Bonds 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 nongovernmental 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. �IL-) 7.04. 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 thereof a certificate in accordance with the provisions of Section 148 of the Code, and Sections 1.148 of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and deliver 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 the Code and Regulations. 7.05. Continuing Disclosure. The City acknowledges that the Bonds are subject to the continuing disclosure requirements of Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12) (as in effect and interpreted from time to time, the Rule). The Rule governs the obligations of certain underwriters to require that issuers of municipal obligations enter into agreements for the benefit of the holders of the obligations to provide continuing disclosure with respect to the obligations. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit participating underwriters in the primary offering of the Bonds to comply with the Rule, which will enhance the marketability of the Bonds, the Mayor and City Administrator are hereby authorized and directed to execute an Undertaking of Continuing Disclosure (the Undertaking), by which the City agrees to provide such information, either directly or through a disclosure agent. The City hereby covenants and agrees to observe and perform the covenants and agreements contained in the Undertaking, unless amended or terminated in accordance with the provisions thereof, for the benefit of the registered owners or beneficial owners from time to time of the Bonds as provided in the Undertaking. SECTION 8. HEADINGS. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Adopted: April 23, 2012. ATTEST: City Administrator Mayor -10- 11 La-) The motion for the adoption of the foregoing resolution was duly seconded by Member Jim Haugen and upon vote being taken thereon, the following Members voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. A Rate REGISTERED OWNER: PRINCIPAL AMOUNT: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON PUBLIC UTILITY REVENUE REFUNDING BOND SERIES 2012A Date of Maturily Ori¢inalIssue December 1, , 2012 CEDE & CO. THOUSAND DOLLARS CUSIP THE CITY OF HUTCHBNSON, McLeod County, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, at the annual rate specified above, payable on June 1 and December 1 in each year, commencing December 1, 2012, 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 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 $ (the "Bonds "), all of like date and tenor except as to serial number, interest rate and maturity date issued pursuant to resolutions adopted by the City Council on February 11, 2003 and on April 23, 2012 (together the "Resolution ") to refund bonds issued by the City for the purpose of financing the costs of improvements to the distribution system and natural gas system of the City which are operated and managed by the Hutchinson Utilities Commission and to refund certain of the City's outstanding public utility revenue bonds, 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, Chapter 475. This Bond is payable exclusively from net revenues of the City's electric system and natural gas system which have been pledged and appropriated to the payment thereof and do not constitute a debt of the City within the meaning of any charter, constitutional or statutory limitation of indebtedness, and the full faith and credit and taxing power of the City are not pledged to the payment of the Bonds. In the event of any default hereunder, the holder of this Bond may exercise any of the rights and privileges granted by the laws of the State of Minnesota subject to the provisions of the Resolution. Additional revenue bonds may be issued on a parity of lien upon the net revenues of the electric system and natural gas system with the Bonds as provided in the Resolution. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any multiple thereof, of single maturities. � � V) Bonds maturing in the years 20_ through 20 are payable on their respective stated maturity dates without option of prior payment, but Bonds having a stated maturity date in the year 20_ and thereafter are 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, by lot within a maturity, on 20 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 December 1, 20_, shall be subject to mandatory redemption prior to their stated maturity in part by lot on December 1 in the following years and principal amounts at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption: Year Principal Amount 20 26—* * Final 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. 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, 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 in regular and due form as so required; that prior to the issuance hereof, the City has covenanted and agreed to establish and maintain charges, fees and rentals for all service, products and benefits of whatsoever nature furnished and made available by the electric system and natural gas system -2- � � [a)- to all individuals, firms, corporations and governmental subdivisions and agencies, including the City itself, in accordance with schedules such that the gross revenues therefrom will at all times be sufficient to meet all payments of current costs of operation, administration and maintenance of said systems and to maintain a reasonable working capital and reserves for recurring expenses, and from the net revenues in excess of these requirements, to transfer each month to the Sinking and Interest Account in the Public Utilities Fund a sum not less than one - twelfth of the aggregate amount of principal to become due within the twelve months next following, and not less than one -sixth of the aggregate amount of interest to become due within the six months next following, on the Bonds of this series and all other obligations payable from the Public Utilities Fund, including any additional obligations hereafter issued by the City and payable on a parity with the Bonds from the Public Utilities Fund and to establish and maintain a balance in the Reserve Account in the Public Utilities Fund for security of such payments in the amount required by the Resolution; 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, by one of the authorized representatives of the 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 manual or facsimile signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. City Administrator CITY OF HUTCHINSON Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Dated of Authentication: BOND TRUST SERVICES CORPORATION, Roseville, Minnesota, as Bond Registrar Lo Authorized Representative -3- 1 � L-) 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 UNIF TRANS MIN ACT ............ Custodian ............ in common (Cust) (Minor) TEN ENT - -as tenants by the entireties under Uniform Transfers to Minors Act................... ............................... (State) JT TEN - -as joint tenants with right of survivorship and not as tenants in common 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: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration 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 accordance with the Securities Exchange Act of 1934, as amended. 4 11 L) CERTIFICATION OF MINUTES RELATING TO PUBLIC UTILITY REVENUE REFUNDING BONDS, SERIES 2012A City: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on April 24, 2012, at 5:30 o'clock p.m. in the Council Chambers at the Hutchinson City Center. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. 13996 RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF PUBLIC UTILITY REVENUE REFUNDING BONDS, SERIES 2012A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds 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 bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the Councilmembers indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer April 24, 2012. (SEAL) Jeremy Carter, City Administrator RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF PUBLIC UTILITY REVENUE REFUNDING BONDS, SERIES 2012A BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City "), as follows: SECTION 1. RECITALS, AUTHORIZATION AND SALE. 1.01. Recitals and Authorization. (a) The City of Hutchinson now owns and operates through the Hutchinson Utilities Commission (the "Commission "), as a revenue - producing convenience, a system for the generation and distribution of electricity and natural gas for the use of the City and its inhabitants and other customers (the "Utility "). The City Council on October 28, 1986 adopted a resolution designating the Commission a municipal power agency pursuant to Minnesota Statutes, Chapter 453, and the Commission by a resolution adopted October 7, 1986, as amended by a resolution adopted November 3, 1986, has determined to proceed to exercise any and all power granted to a municipal power agency pursuant to the provisions of Minnesota Statutes, Chapter 453. (b) The City has heretofore issued its Public Utility Revenue Bonds, Series 2003B, dated, as originally issued, as of March 1, 2003, in the original principal amount of $31,725,000 (the "Series 2003 Bonds "), pursuant to a resolution adopted by this Council on February 11, 2003 (the "Bond Resolution ") to construct improvements to the Utility and to refund outstanding bonds issued to refund bonds that financed improvements to the Utility. (c) This Council hereby determines that it is in the best interests of the City to authorize the issuance and sale of its Public Utility Revenue Refunding Bonds, Series 2012A (the "Bonds "), the proceeds of which will be used, together with City funds on hand as may be required, to (i) pay all or a portion of the principal and interest to become due on the Series 2003 Bonds to and including June 1, 2013 and to redeem on June 1, 2013 (the "Redemption Date "), all or a portion of the Series 2003 Bonds maturing in 2013 and later years, (ii) to fund a debt service reserve fund for the Bonds in the amount required by the Bond Resolution, and (iii) to pay costs of issuance of the Bonds. The Series 2003 Bonds refunded by the Bonds are referred to herein as the "Refunded Bonds" and the refunding of the Refunded Bonds is referred to herein as the "Refunding ". The Bonds shall be issued as a series of additional bonds under Section 6.03 of the Bond Resolution, shall be payable from net revenues of the City's electric system and natural gas system which have been pledged and appropriated to the payment thereof by the Bond Resolution, and shall be secured by the Bond Resolution on a parity with the Series 2003 Bonds remaining outstanding after the Refunding. 1.02. Sale and Bond Purchase Agreement. The Bonds authorized hereby shall be sold to Barclays Capital Inc. (the "Underwriter ") at a purchase price of not less than 99.00% of the principal amount of the Bonds (exclusive of original issue discount), the �e� I \ L,) Bonds to be dated as of the date of delivery, to bear interest at a rate or rates per annum resulting in net present value savings to the City of not less than $1,000,000 (using the yield on the Bonds computed under Section 1.148 -4 of the Regulations, as hereinafter defined, as the discount rate, and assuming that (i) estimated investment earning on amounts deposited in the debt service feserve fund for the Bonds are used to pay annual debt service on the Bonds and (ii) amounts deposited in the debt service reserve fund tfor the Bonds are used to pay debt service on the Bonds in the final year of the Bonds) and to mature no later than December 1, 2026. The principal amount of the Bonds shall not exceed the amount necessary to accomplish the refunding of the Refunded Bonds, to fund a debt service reserve fund by the Bonds in the amount required by the Bond Resolution and to pay costs of issuing the Bonds (including underwriter's discount, any original issue discount and the costs of bond insurance, if recommended by the Underwriter). The Mayor and City Administrator are hereby authorized and directed to agree with the Underwriter upon the exact purchase price, principal amount, maturities, redemption provisions and interest rate or rates for the Bonds, within the parameters set forth in this section. The execution of a Bond Purchase Agreement setting forth such final terms by the Mayor and City Administrator is hereby approved and authorized and such execution shall be conclusive evidence of such agreement and shall be binding upon the City. The provisions of the Bond Purchase Agreement as so executed, including all Exhibits and Appendices thereto, are incorporated herein by reference. The law firm of Dorsey & Whitney LLP, in Minneapolis, Minnesota, is hereby appointed as bond counsel and disclosure counsel for purposes of this issue of Bonds. 1.04. Officials Authorized to Execute Documents. The Mayor and City Administrator are hereby authorized and directed to execute and deliver the Bond Purchase Agreement and the documents required thereunder, the Official Statement, the Bonds and any other documents required to complete the financing contemplated hereby, including an insurance policy for all or a portion of the Bonds if deemed advisable by the Underwriter. Execution and delivery of such documents by the Mayor and City Administrator shall constitute evidence that such items are consistent with the terms of this resolution and have been duly authorized, executed and delivered by the City and are enforceable against the City in accordance with their terms, subject to customary exceptions relating to bankruptcy, reorganization, insolvency and other laws affecting creditors' rights. The Mayor and City Administrator are further authorized to take such other actions as may be required to effectuate the terms and intent of this resolution. In the event of the absence or disability of the Mayor and City Administrator, the acting Mayor and the acting City Administrator are hereby authorized to act in the place and stead of the Mayor and City Administrator, and to take all actions and execute all documents approved hereby. 1.05. Official Statement. The Mayor and City Administrator are authorized, in cooperation with the Commission and Underwriter, to prepare an Official Statement to be distributed to prospective purchasers of the Bonds. The Mayor and the City Administrator are hereby authorized and directed to approve the Official Statement. SECTION 2. BOND TERMS, EXECUTION AND DELIVERY AND REGISTRAR. -2- 2.01. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed and authenticated on behalf of the City by the signatures of the Mayor and the City Administrator. All signatures may be printed, lithographed or engraved facsimiles of the original. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile 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. After the Bonds have been so prepared and executed, the City Administrator shall deliver them to the Registrar for delivery to the Underwriter on receipt of the purchase price heretofore agreed upon, and the Underwriter shall not be required to see to the application thereof. 2.02. Maturities, Interest Rates and Forms. The Bonds shall be issued in the denomination of $5,000 each, or any integral multiple thereof, shall mature on the dates and in the respective years and amounts, and shall bear interest from date of original issue until paid or duly called for redemption at the respective annual rates stated opposite such maturity years as shown on Exhibit A to the Bond Purchase Agreement. 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; provided if the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.03. Dates and Interest Payment Dates. Each Bond shall bear a date of original issue as of the date on which the Bonds are delivered to the Underwriter. Upon the initial delivery of the Bonds pursuant to Section 2.01 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. The interest on the Bonds shall be payable on the dates shown on Exhibit A to the Bond Purchase Agreement, to the owner of record thereof as the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest shall be computed on the basis of a 360 day year composed of twelve 30 day months. 2.04. Redem to ion. The Bonds shall be subject to redemption prior to maturity, at the option of the City, in the years and at the redemption prices set forth in Exhibit A to the Bond Purchase Agreement in such order of maturities as may be designated by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, assigned in proportion to their principal amounts. The City Administrator shall cause notice of the call for redemption thereof to be published as and if required by law, and, at -3- least thirty days prior to the designated redemption date, shall cause notice of the call thereof for redemption to be mailed, by first class mail (or, if applicable, by the bond depository in accordance with its customary procedures), to the registered owners of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.06 hereof, but no defect in or failure to give such mailed notice 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 of Bonds 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 of Bonds shall cease to bear interest. Upon 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. 2.05. Appointment of Registrar and Registration. The City hereby appoints Bond Trust Services Corporation, Roseville, Minnesota, as bond registrar, transfer agent and paying agent (the Registrar). The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with the 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 and shall deliver the bond register to the successor Registrar. No resignation or removal of the Registrar shall become effective until a successor Registrar has been appointed and has accepted such appointment. Any Bond Insurer shall be furnished prompt written notice of the resignation or removal of the Registrar and the appointment of a successor. 2.06. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Re ig ster. 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 to the Registrar 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 -4- Z\ak� I k &') 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 to the Registrar by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount, interest rate 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 canceled 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 valid and genuine and that the requested 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. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, 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 City and the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to the Registrar, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed -5- RC,5� 116-) 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. 2.07. Bond Form. The Bonds shall be prepared in substantially the form presented to and approved by this Council and on file in the office of the City Administrator. 2.08. Securities De op sitory. The City Administrator may, on or before the date of issue of the Bonds, direct that the Bonds be issued in book -entry form and so long as they remain in such form, the following provisions shall apply: (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 pursuant to which the sender agrees to comply with DTC's Operational Arrangements. (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 I on 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 DTC's Operational Arrangements, 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 or City Administrator, if not previously filed with DTC, is hereby authorized and directed. (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 3. REDEMPTION OF REFUNDED BONDS, ESCROW AGREEMENT. 3.01. Use of Proceeds and Escrow Account. There is hereby established a separate account known as the "Escrow Account" in the Sinking and Interest Account referred to in Section 4.05 of the Bond Resolution. A portion of the proceeds of the Bonds shall be deposited into the Escrow Account and are irrevocably appropriated for the payment of interest and principal to become due on the Refunded Bonds to and including the Redemption Date, and for the payment and redemption of the Refunded Bonds maturing on and after December 1, 2013 on the Redemption Date. The City Administrator is hereby authorized and directed, simultaneously with the delivery of the Bonds, to deposit the proceeds thereof, to the extent described above, in escrow with an escrow agent (the "Escrow Agent "), which shall be a banking institution whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000, and shall invest the funds so deposited in securities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 8, maturing on such dates and bearing interest at such rates as are required to provide funds sufficient, with cash retained in the escrow account, to make the above - described payments. The Mayor and City Administrator are hereby authorized to enter into an Escrow Agreement with the Escrow Agent establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. The remaining portion of the proceeds of the Bonds shall be used to make the required deposit to the Reserve Account referred to in Section 4.06 of the Bond Resolution and to pay costs of issuance of the Bonds. 3.02. Redemption of Refunded Bonds. The City Administrator is hereby authorized and directed forthwith to call, or to cause the Escrow Agent to call, for redemption on the Redemption Date all Refunded Bonds maturing in the year 2013 and thereafter. Notice of the redemption of the Refunded Bonds shall be provided in accordance with the terms of the Bond Resolution. SECTION 4. BONDS SECURED BY BOND RESOLUTION. The Bonds shall be issued and secured as additional bonds under Section 6.03 of the Bond Resolution and shall be payable from the Sinking and Interest Account referred to in Section 4.05 of the Bond Resolution on a parity with the outstanding Series 2003 Bonds and any additional bonds issued under Section 6.03 of the Bond Resolution, and shall be secured by each and all of the covenants and other provisions of the Bond Resolution as fully as though the Bonds were expressly described and authorized therein. SECTION 5. 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 registered owners 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 Registrar 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 Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. 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 authorized by law to be so deposited, bearing interest payable at such -8- ��w =.ill L) times and at such rates and maturing on such dates as shall be required to pay all principal, interest and redemption premiums to become due on the Bonds to maturity or earlier designated redemption date. SECTION 6. CERTIFICATION OF PROCEEDINGS. The officers of the City are hereby authorized and directed to prepare and furnish to the Underwriter and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds 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 in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. SECTION 7. COUNTY AUDITOR REGISTRATION, CERTIFICATION AND PROCEEDINGS, INVESTMENT OF MONEYS, ARBITRAGE AND OFFICIAL STATEMENT AND PAYMENT OF COSTS. 7.01. County Auditor 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 the County Auditor shall require, and to obtain from said County Auditor a certificate that the Bonds have been entered on his bond register to the extent 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 Underwriter 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. Tax 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 the Treasury Regulations promulgated thereunder (the "Regulations "), 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 the Code and the Regulations. The City will cause to be filed with the Secretary of Treasury an information reporting statement in the form and at the time prescribed by the Code. The improvements to be refinanced by the Bonds 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 nongovernmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to -9- 3-t �d I I (a) be considered "private activity bonds" or "private loan bonds" within the meaning of Section 141 of the Code. 7.04. 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 thereof a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148 of the Regulations, stating the facts, estimates and circumstances 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 the Code and Regulations. 7.05. Continuing Disclosure. The City acknowledges that the Bonds are subject to the continuing disclosure requirements of Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12) (as in effect and interpreted from time to time, the Rule). The Rule governs the obligations of certain underwriters to require that issuers of municipal obligations enter into agreements for the benefit of the holders of the obligations to provide continuing disclosure with respect to the obligations. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit participating underwriters in the primary offering of the Bonds to comply with the Rule, which will enhance the marketability of the Bonds, the Mayor and City Administrator are hereby authorized and directed to execute an Undertaking of Continuing Disclosure (the Undertaking), by which the City agrees to provide such information, either directly or through a disclosure agent. The City hereby covenants and agrees to observe and perform the covenants and agreements contained in the Undertaking, unless amended or terminated in accordance with the provisions thereof, for the benefit of the registered owners or beneficial owners from time to time of the Bonds as provided in the Undertaking. SECTION 8. HEADINGS. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. Adopted: April 24, 2012. ATTEST: City Administrator Mayor The motion for the adoption of the foregoing resolution was duly seconded by Member Members voted in favor thereof: and upon vote being taken thereon, the following and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -11- R- Rate REGISTERED OWNER: PRINCIPAL AMOUNT: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON PUBLIC UTILITY REVENUE REFUNDING BOND SERIES 2012A Date of Maturi Original Issue December 1, , 2012 CEDE & CO. THOUSAND DOLLARS CUSIP 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 named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, at the annual rate specified above, payable on June 1 and December 1 in each year, commencing December 1, 2012, 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 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 $ (the "Bonds "), all of like date and tenor except as to serial number, interest rate and maturity date issued pursuant to resolutions adopted by the City Council on February 11, 2003 and on April 24, 2012 (together the "Resolution ") to refund bonds issued by the City for the purpose of financing the costs of improvements to the distribution system and natural gas system of the City which are operated and managed by the Hutchinson Utilities Commission and to refund certain of the City's outstanding public utility revenue bonds, 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, Chapter 475. This Bond is payable exclusively from net revenues of the City's electric system and natural gas system which have been pledged and appropriated to the payment thereof and do not constitute a debt of the City within the meaning of any charter, constitutional or statutory limitation of indebtedness, and the full faith and credit and taxing power of the City are not pledged to the payment of the Bonds. In the event of any default hereunder, the holder of this Bond may exercise any of the rights and privileges granted by the laws of the State of Minnesota subject to the provisions of the Resolution. Additional revenue bonds may be issued on a parity of lien upon the net revenues of the electric system and natural gas system with the Bonds as provided in the Resolution. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any multiple thereof, of single maturities. Bonds maturing in the years 20_ through 20 are payable on their respective stated maturity dates without option of prior payment, but Bonds having a stated maturity date in the year 20_ and thereafter are 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, by lot within a maturity, on , 20 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 December 1, 20_, shall be subject to mandatory redemption prior to their stated maturity in part by lot on December 1 in the following years and principal amounts at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption: Year Principal Amount 20 $ 20 * Final 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. 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, 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 in regular and due form as so required; that prior to the issuance hereof, the City has covenanted and agreed to establish and maintain charges, fees and rentals for all service, products and benefits of whatsoever nature furnished and made available by the electric system and natural gas system -2- ��—�Sk4 I � L) to all individuals, firms, corporations and governmental subdivisions and agencies, including the City itself, in accordance with schedules such that the gross revenues therefrom will at all times be sufficient to meet all payments of current costs of operation, administration and maintenance of said systems and to maintain a reasonable working capital and reserves for recurring expenses, and from the net revenues in excess of these requirements, to transfer each month to the Sinking and Interest Account in the Public Utilities Fund a sum not less than one - twelfth of the aggregate amount of principal to become due within the twelve months next following, and not less than one -sixth of the aggregate amount of interest to become due within the six months next following, on the Bonds of this series and all other obligations payable from the Public Utilities Fund, including any additional obligations hereafter issued by the City and payable on a parity with the Bonds from the Public Utilities Fund and to establish and maintain a balance in the Reserve Account in the Public Utilities Fund for security of such payments in the amount required by the Resolution; 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, by one of the authorized representatives of the 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 manual or facsimile signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. City Administrator CITY OF HUTCHINSON Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Dated of Authentication: BOND TRUST SERVICES CORPORATION, Roseville, Minnesota, as Bond Registrar Authorized Representative -3- ��� I t &-) 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 UNIF TRANS MIN ACT ............ Custodian ............ in common (Cust) (Minor) TEN ENT - -as tenants by the entireties under Uniform Transfers to Minors Act................... ............................... (State) JT TEN - -as joint tenants with right of survivorship and not as tenants in common 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: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration 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 accordance with the Securities Exchange Act of 1934, as amended. -4- r�. , � q April 17, 2012 To: The Mayor and City Council Members From: Equipment Coordination Committee (ECC), Brad Emans; Chair Re: Consideration of the Vehicle & Equipment Policy The Equipment Coordination Committee (ECC) is requesting the opportunity to present for your consideration the City of Hutchinson "Vehicle & Equipment Policy" on Tuesday, April 24, 2012. We have enclosed several items regarding the policy and will presenting a 35 minute / 7 part overview of the purposed "Vehicle & Equipment Policy" and will then stand for questions at the conclusion. See enclosure. Illb) C Vehicle & Equipment Policy Policy Scope This policy applies to all vehicles/equipment owned and opera��the City of Hutchinson. Policy Objective This policy intends to reduce ongoing expenses aatl replacement costs by addressing utilization, acquisition, disposition, maintenance, and management of vehicles /equipment. Fleet Committee The City Administrator shall appoint a make recommendations regarding utili. procedures. Utilization The City recognizes taxpayer/ vehicicsfequtQmeut should be is to be bite inform y at the To faellltate sharing, to review.*hicle /equipment policies and to k. disnosiffr maintenance and related used to acquire vehicles /equipment. The Benefit. Sharing of City vehicles/equipment nts assi all vehicles /equipment, by month, into one of the following 1. Interdepartmental agreement 2. Minimal negntive impact,On operational efficiency 3. Tolerable negattve l on operational efficiency 4. Significant neg4iy*, Wpacts on operational efficiency 5. Seasonal & Specialty equipment Time frame a month or more up to a month a week or two less than a week with operator only This information will be available to all departments to facilitate informal sharing. The borrowing department pays for or performs routine maintenance required to operate the vehicle /equipment, including: fuel, lubricants, filters, wear parts, and other items incidental to use. The lending department pays for repairs arising from vehicle /equipment failures beyond the scope of routine maintenance that are not specifically attributable to a specific action of the borrowing department. City of Hutchinson I Vehicle & Equipment Policy � � GL) As necessary, issues relating to maintenance or repairs that are not clearly attributable to a specific department shall be reviewed by department representatives, and then, if necessary, by supervisors and/or directors. Borrowed vehicles /equipment are to be housed or secured when not in use. Borrowing departments return vehicles /equipment in as good a condition as when it was borrowed, including ensuring fuel, lubricant, and fluids are at appropriate levels and the vehicle /equipment is clean and ready for use. The borrowing department is responsible to obtain appropriate safety training relating to borrowed vehicles /equipment. City -owned equipment is not to be used by private entities, includtteAntractors, agents or non - employee personnel; however, trained volunteers may operate C# ,, ed equipment under specific z conditions. Departments make operational changes, as needed, to erlhah a fuel effiEiency; for example, by limiting idle times, or using the smallest capable veh" equipment for tl vork. Acquisition Procedures 1. Identify Need, Priority Replacement priority for vehicles lest 5 s, ;r 1. Public Safety (e.g., Police squac�i* fre emergem quipment) 2. Essential Mai erv�ces (e. g„sewer jetldr��it�s snuipment, street &specialty equip.)- , 3. Municipal ices (e.g ainistrahv&C#res, moweigeKreral maintenance ments+$dfy needa,.prepare repot# ,dad submit requests to the Fleet Committee by 31 each vela. ReP400mist include' ehicle Condition Index (VCI) and identify other b. Vehti-Wequipment specifications sttimitted shall reflect only those features and apparatus �n necessAq1q ensure apptWate purchases are made. c. Departmentsibould dl sigiate an employee or a group to review specifications. Reports should include f` regarding vehicle /equipment suitability, productivity, maintainability and acquisition co3tz d. Departments should conduct life -cycle cost analysis to determine the best value. e. Vehicle /equipment specifications submitted are to be crafted to maximize potential for interdepartmental use. f. Departments should consider vehicles /equipment designed to consume less fuel, use alternative fuels, or be otherwise advantageous to the environment, provided it is economically or operationally advantageous to the City, or the higher cost of the vehicle /equipment is determined to be commensurate to the benefit. City of Hutchinson I Vehicle & Equipment Policy I � L6) 2. Fleet Committee Review a. Vehicles /equipment will be replaced on a priority basis after assessing their condition. b. Replacement will be considered when economic or operational priority is demonstrated. c. Department reports will be reviewed to ensure that cooperative purchasing contracts and/or government discount programs are used to reduce cost. Local purchases are considered if vehicles /equipment are available and pricing is competitive. Competitive pricing is sought, to the extent possible, for used equipment. d. A variety of ways to make vehicles/equipment available feviewed, including replacement, used vehicles/equipment, rental, leasing, cooperative age�tttents, or any other means. The intent is to determine which method provides the most operational benefit and the most economical advantage.' -^ e. Acquisition or replacement of vehicles/equiptiretilt with low uhli�tipn will not be considered unless specific life - safety - health functioq arq affected. DepartmenWinust clearly identify such vehicle /equipment's specific funct€inpind necessity. x =, f, Some vehicles/equipment may become functf6tlal�y ob while in sern -If service, repairs, or replacement parts #lie no longer ready 040­ or when safety re&tlations are no longer met, the vehicles/equipmet t are identified a� "Obsolete" and may be considered for replacement regardless of othe fa WOE R, , 3. Financing & a. The goal irrt 0 General Fund is to budgatappi opiate tram is into the Vehicle and Equipment 1 exent Fair as the prim*, funding source. r xx. b. Enter ',W funds will ly for vehicle /equipment acquisitions. Xse of equip tit cerhfica &debt mst tttnenis, or lease - purchases may be considered. d: , ` the Fleet Commit 'will recotiunend replacements necessary due to catastrophic loss. e. Vehcees/equipment not,hicluded for current funding will be identified in a 5 -year plan. f. Once the cement year of the 5 -year vehicle /equipment replacement plan is approved, denarnnents'mav, subttiittiurchase orders for vehicles /equipment. g. Revenues from the'disposition of vehicles/equipment are reserved in appropriate capital funds for vehicle /equipment replacement. City of Hutchinson I Vehicle & Equipment Policy 11(x) Vehicle & Equipment Disposition Vehicle/equipment disposition includes all activities undertaken by departments to remove the vehicle /equipment from service. 1. Vehicles /equipment removed from service, provided they are safe to use, shall first be offered to other departments. 2. Departments may dispose of vehicles/equipment in the most economically advantageous manner. From time to time the Public Works department will coordinate disposal of surplus equipment by auction. Departments are responsible to make reasonable efforts,to prepare surplus vehicles /equipment for disposal in order to maximize revenue,pofttial. Vehicle & Equipment Maintenance Maintenance includes ail activities undertaken by depar"ents to maximize the functional life of vehicles /equipment, including routine maintenartcks; tr pairs, refurbishmentsv;attd improvements. M; 1. Departments develop preventive maintenance r ules for each class of veY k* /equipment. Qualified technicians are used to perform mainteri. Pe }i reviews detefhli whether maintenance functions are being performed adequately.. 2. Departments maintain records 3. Departments maintain ongoing can be made to malYBtiecac improvements that 4. Departments establish proce I d I ti , t , 0 for authotiiiri airs. Dollui'amounts requiring specific approval may vary *- equipment Class and bo cbtfimensurate to the cost of the vehicle /equipment. One person is appoinfeij;to ma"pair authorizoilons. Repair decisions take into consideration the specif}c function performed hjj 4evehicle /equipment, as well as its age, condition, and target relslacernerguldeJjne.' 5. Departments identity operators' inspection and'reporting responsibilities. Inspections and reporting are a part of $aleh operators normal routine. Departments routinely inspect vehicteUequipment for lots ge. All ttoiilmercial drivers comply with inspection regulations for commercial vehicles identil%d in State Statutes. 6. Departments ensure that manner.b perform their intended function in a safe, effective 7. Departments are responsible to keep up the appearance of vehicles /equipment, including keeping them clean and free of debris and garbage. For vehicles /equipment used in severe duty, departments shall also ensure radiators, air filters, and cab filters are cleaned and replaced on a regular basis. City of Hutchinson I Vehicle & Equipment Policy Renortine 1. Each department shall maintain an inventory of their vehicles/equipment. 2. Inventory reports shall be submitted once each year to the Fleet Committee. Departments are to identify the following information for vehicles /equipment assigned to the department: a. Home department b. Fleet ID number c. Fixed asset ID number(s) to help to the ement and 3perly City of Hutchinson I Vehicle & Equipment Policy Vehicle & Equipment Policy Target Replacement Guidelines Category Age Municipal vehicles & equipment Squad cars (marked patrol cars) 3- 5 years Cars, sport utilities, minivans 10 -12 years Pickups, light trucks (`/4, %,'/< ton) -10 -12 years Light truck snowplows ( %, 1 ton) � 4 *- 9 years 1 ton trucks (pickups, flatbeds, dumps, etc.) years Heavy trucks (dump trucks, snowplows, etc.) 15 -20 years Fire trucks (engines, tankers, etc.) 20?25 years Trailers (all types)" 15 24years Lawn mowers, grounds equip, etc. 7- gyrs Tractors and backhoes 12-15 yew Skid steer loaders (skid steer, utility loaders) 12 -15 years Wheel loaders ,.�15 -20 years Heavy equipment" ? X15 -20 years Forklifts, utility & contractor equiput0ri' =< 15 -20 years A ra8t 'H Solid Waste equipment `xa:, Skid steer loaders (skid steer, utility load) & 10 years Wheel loaders KA%years Heavy equipment "' ° j, 15 -20 years Forklifts, utility &'contractor equipment 5- 7 years City of Hutchinson I Vehicle & Equipment Policy � � 03) VEHICLE CONDITION INDEX FACTOR POINTS Service Age Calculated by dividing chronological age of vehicle /equipment by the appropriate average target replacement guideline, assign points as follows: "1" — less than 0.50 113" — 0.5 -1.0 115" — greater than 1.0 Miles/Hours Calculated by assigning one point for each 9,000 miles of use (or, for each 450 hours of use). For vehicles /equipment without meters (e.g., trailers), use the service age of the equipment. Utilization Calculated by considering the type of service:tlidvbhicle/equipment is routinely involved in. Assign points based on typica 4iiiii' ation: 111" — Light duty — for example: administratve.cars, personnel transportation 113" — Routine duty — for example pickups, v"lgs used for daily operations 115" — Severe du — for exam le ;:' uad cars, str6i�"eepers, snowplows, etc. Reliability Calculated by considering the ttxtiahility of the vehidl. uipment. Categorize the frequency of necessary repattk which takes the v quipment out of service (do not include rout or,w,, idaintenance such as oil ciro es and tire repairs). Assign points depending uponiiequency oirepair downtii "1" —little or no downtime for 4.4irs 113" — routine dosytg.time for repair§ 115" — significantd' time (requiresY� indicating the nature of re airs /downtime Maintenance & Calculate by dividing llotal Ill - tie mainten repair costs by the capital cost Repair Costs of the vghicle/equipmet (capital d'c4sd i{{cludes pgichase price plus auxiliary equtlYVFCri installe points lid on the liffitne maintenance costs, n hfeti costs less tlta0 is of cap a t' — lifetim a Sts 15 % -4wo of capital cost.: lifetime its over 404 ` capital cost. Condition Calculate by cgtdering the condition of the body, rust, interior condition, accidentitiandatttsipated repairs necessary. Assign points based on the general condition of the ve 'ole/equipment. m1°t good condition — constricting its routine use. 113" = VSrage condition — considering its routine use. 115" — Imarconditlotrx, requires an estimate of repair costs. Vehicle Under 15 points Excellent Condition Indekf , 16 to 20 pohnts Good (VCI) 121 to 25 pointy Adequate 26 to 30 pothhis Marginal— consider for replacement OvBr 3 "' s Poor — consider for re lacement Other Factors OthdOM '" are considered independently of the VCI score. Examples of common "factors include, but are not limited to: Defects affecting the safety of vehicles /equipment Operational needs of the department Cross - functionality of vehicles /equipment Future costs of retaining vehicles /equipment Functional obsolescence of vehicles/equipment City of Hutchinson I Vehicle & Equipment Policy C TO: Mayor & City Council FROM: Kent Exner, DPW /City Engineer RE: Project Award for Water Tower Rehabilitation — South Park Project (Letting No. 6 /Project No. 12 -07) DATE: April 24, 2012 Please note that City staff provided an overview of the above referenced project's scope and estimated costs during a Public Hearing at the February 28h City Council meeting. Following the hearing, the City received three bids for the Water Tower Rehabilitation — South Park project letting on Wednesday, April 1 P". As shown on the attached Bid Tabulation form, Classic Protective Coatings Inc. (Menomonie, WI) is the apparent lowbidder with a base bid amount of $370,513.00. Please note that this project included an alternate bid for an extended warranty (from a 2 -year to a 5 -year timeframe) which would result in a $5,000 increase to the base bid amount. City staff has reviewed the cost/benefit of the extended warranty and recommends that it be accepted. Thus, the project construction contract amount would be $375,513.00. Also, the project technical consultant, SEH Inc., has prepared a project award recommendation letter that is attached for your information. At this time, project construction is scheduled to start on July 24, 2012, and will extend over a 9 -week timeframe. During construction, City staff will be providing inspection assistance to the technical consultant in an effort to minimize overall project costs. Based on our relatively recent summer water demand history, City staff does not anticipate any significant disruptions or limitations to the City's water distribution system. We recommend approving the above described Project Award and attached Resolutions. cc: Jeremy Carter —City Administrator � I (C-) RESOLUTION NO. 13994 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 6 1PROJECT NO. 12 -07 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: South Park Water Tower Rehabilitation; exterior and interior coating removal /replacement, structural improvements, restoration and appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid Alternate Bid Classic Protective Coatings Inc of Menomonie WI $370,513.00 $10,000.00 TMI Coatings Inc of St. Paul MN $374,200.00 $17,500.00 Champion Coatings of Savage MN $423,750.00 $ 5,000.00 Whereas, it appears that Classic Protective Coatings Inc of Menomonie WI is the lowest responsible bidder; and. Whereas, the project included an alternate bid for an extended warranty from a 2 -year to a 5 -year warranty) which resulted in a $5,000.00 increase to the base bid amount for a total bid of $375,513.00. Whereas, City staff has reviewed the cost/benefit of the extended warranty and recommends that it be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Classic Protective Coatings Inc of Menomonie WI in the amount of $375,513.00 in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 24th day of April 2012. Mayor, Steven W. Cook City Administrator, Jeremy J. Carter 1) (C-) CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON MN 55350 320 - 234 -4209 BID TABULATION - CITY OF HUTCHINSON LETTING NO. 6 1PROJECT NO. 12 -07 WATER TOWER REHABILITATION - SOUTH PARK BID OPENING: 04/11/2012 AT 10:00 AM ENGINEER'S ESTIMATE $400,000.00 COMPLETION DATE: 10/05/2012 z w !- uvi a to ITEM DESCRIPTION a Classic Protective Coatings Inc N7670 State Hwy 26 Menomonie WI 54751 heather@classicprotectiveco atings.com 716- 233{267 TMI Coatings Inc 3291 Terminal Or St Paul MN 65121 tmi@tmicoatings.com 651452.6100 Champion Coatings 7385 West 126th St Savage MN 55378 Irccoatings@frontiemoLnet 952 -707 -9000 BJD PRICE BID TOTAL BID PRICE BID TOTAL I BID PRICE I BID TOTAL $370,513.00 $374,200.00 $423,750.00 F — 1 2031.501 MOBILIZATION /SITE MAINTENANCE LS 1 $15,000.00 $15,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 2 2101.502 DEHUMIDIFICATION LS 1 $25,000.00 $25,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 3 2101.507 CONTAINMENT /BONNET LS 1 $60,000.00 $60,000.00 $58,000.00 $58,000.00 $60,000.00 $60,000.00 4 2104.501 CAULKING LF 400 $5.00 $2,000.00 $5.00 $2,000.00 $5.00 $2,000.00 5 2104.501 GRINDING HRS 50 $100.00 $5,000.00 $100.00 $5,000.00 $125.00 $6,250.00 6 2104.501 MUD VALVE LS 1 $5,750.00 $5,750.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 7 2104.501 ROOF HAND RAIL LS 1 $14,500.00 $14,500.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 8 2104.503 24 "DIAMETER MANWAY -ROOF LS 1 $1,450.00 $1,450.00 $4,500.00 $4,500.00 $3,000.00 $3,000.00 9 2104.505 24" DIAMETER PRESSURE MANWAY LS 1 $5,750.00 $5,750.00 $8,000.001 $8,000.00 $5,500.00 $5,500.00 10 2104.505 24: DIAMETER ROOF VENT LS 1 $4,850.00 $4,850.00 $8,000.00 $8,000.00 $5,000.00 $5,000.00 11 2104.505 REPLACEMENT OF ACCESS DOOR AND FRAME LS 1 $9,850.00 $9, 850.00 $4,500.00 $4,500.00 $4,000.00 $4,000.00 12 2104.505 INTERIOR WET COATING SYSTEM LS 1 $73,013.00 $73,013.00 $92,100.00 $92,100.00 $68,000.00 $88,000.00 13 2104.509 INTEREIOR DRY COATING SYSTEM LS 1 $35,000.00 $35,000.00 $9,600.00 $9,600.00 $35,000.00 $35,000.00 14 2104.509 EXTERIOR COATING SYSTEM LS 1 $92,100.00 $92,100.00 $126,800.00 $126,800.00 $150,000.00 $156,000.00 15 2104.509 SITE RESTORATION LS 1 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 16 2104.509 LETTERING/LOGO EA 2 $5,000.00 $10,000.00 $2,850.00 $5,700.00 $3,500.00 $7,000.00 17 1 2104.509 DISINFECTION LS 1 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00 18 2104.511 ACCESS TUBE MODIFICATION LS 1 $1,750.00 $1,750.00 $5,000.00 $5,000.00 $1,500.00 $1,500.00 19 2104.513 2 -YEAR WARRANTY LS 1 $5,000.00 $5,000.00 $1,000.00 $1,000.001 $2,500.001 $2,500.00 TOTAL LETTING NO.6 /PROJECT NO. 12 -07 $370,513.001 $374,200.001 $423,750.00 ALTERNATE BID #1 i Lj F Classic Protective Coatings TMI Coatings Inc g Champion Coatings P a ITEM DESCRIPTION ? a Inc F — CI BID PRICE BID TOTAL BID PRICE BID T TAL BID PRICE T TAL 1 5 YEAR WARRANTY (in place of Item No. 19 - 2 yr warran LS 1 $10,000.00 $10,000.00 $17,500.00 $17,500.00 $5,000.00 $5,000.00 TOTAL ALTERNATE BID #1 $10,000.00 $17,500.00 $5,000.00 n Paget of 1 A SEH April 18, 2012 Mr. Kent Exner, PE Public Works Director City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Dear Mr. Exner: RE: City of Hutchinson - Minnesota Water Tower Rehabilitation -South Park SEH No. HUTCH 119485 14.00 On April 11, 2012 three (3) bids were received for the Water Tower Rehabilitation- South Park project. The bids ranged from $370,513.00 to $423,750.00. There was one Alternate — 5 -Year Warranty. The low bid with respect to both totals was submitted by Classic Protective Coatings of Menomonie, Wisconsin. The Engineer opinion of probable construction cost was $400,000.00. The bid tabulation is attached for your review. We have worked with Classic Protective Coatings on a number of previous projects; the most recent, respective of the traditional design- bid -build approach was a pedestal style tank in Bloomer, Wisconsin. We have reviewed the information provided in their Bidders Proof of Responsibility and references from recently completed projects. It is our opinion that they are a responsible bidder in being able to do this work. We recommend proceeding with a contract award to Classic Protective Coatings in the amount of $370,513.00. Further, SEH believes that the City should favorably consider inclusion of Alternate Item No.1 for an additional $5,000.00. If you have any further questions, please contact me directly at 651.490.2160. Sincerely, Daniel J. Zienty Project Manager djz Attachments c: John Rodeberg, PE - SEH Miles Jensen. PE - SEH s: 1ryNViutcn11194B51Eiddin9 dax�am me broer 6 bid tae b kewer 41612docx Short Elliott Hendrickson Inc. 13535 Vadnais Center Drive I Saint Paul. MN 551105196 SEH is an equal opportunity employer I v .eehinc.com 1 651.490.2000 1 800.325.2055 1 888.908.8186 fax i(C-) f i RA Hutchinson Housing & Redevelopment Authority Regular Board Meeting Tuesday, March 20, 2012, 7:00 AM Minutes 1. CALL TO ORDER: Chairman Becky Felling called the meeting to order. Members Present: Bill Arndt, LaVonne Hansen, LouAnn Holmquist, and Joel Kraft. Staff Present: Jean Ward and Judy Flemming. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON FEBRUARY 21, 2012 Bill Arndt moved to approve the Minutes of the regular board meeting as written. LaVonne Hansen seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. Joel Kraft moved to approve the City Center General Fund payments of $12,742.98 for checks 8029 to 8041 and consideration of February 29, 2012 City Center Financial Statements. LouAnn Holmquist seconded and the motion carried unanimously. b. Bill Arndt moved to approve the Park Towers payments of $42,032.49 for checks 11898 to 11931 and consideration of Park Towers January 2012 Financial Statements. Joel Kraft seconded and the motion carried unanimously. 4. PARK TOWERS UPDATE a. Jean Ward updated the Board regarding the February 23, 2012 HUD Physical Inspection. A score of 99/100 results in a PHAS score of 40/40. b. Occupancy Status — 97 %. 5. SCDP PROJECT UPDATE Jean Ward updated the Board on the revision of Short Application to address need (market to obtain more applications and highlight high radon area) and impact (submit a smaller target area than the whole City of Hutchinson). 6. CFUF PROGRAM Bill Arndt moved to approve the $250.00 rebate program for up to 10 CFUF Energy Loans to stimulate use of the CFUF discount loan program for energy improvements (these rebates could be combined with Hutchinson Utility rebates). LaVonne Hansen seconded and the motion carried unanimously. UPDATE ON 400 LYNN ROAD a. Jean Ward updated the Board on the construction schedule. b. HERS Rating Information: so far the energy auditor is figuring that the home will score in the 50's. 8. REVIEW OF NEW CONSTRUCTION BUDGET FOR 587 FRANKLIN STREET Joel Kraft moved to sell 587 Franklin Street SW vacant lot to Habitat for Humanity for $3,000. LaVonne Hansen seconded and the motion carried unanimously. 9. FIRST LOOK PROGRAM Joel Kraft moved to approve the Execution of the Purchase agreement for 734 Southview Drive SW for $43,815. LouAnn Holmquist seconded and the motion carried unanimously. March 20 . 2612 Minutes Page I oft 10. OTHER - FYI a. The impact of foreclosures on re -sale prices. b. Foreclosure Update c. Issue Brief by PHADA for Interim PHAS Rule 11. ADJOURNMENT Bill Arndt moved to adjourn and LaVonne Hansen seconded. There being no other business, Chairman Becky Felling declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director LaVonne Hansen, Secretary/Treasurer March 20. 2012 Minutes PROP) nf� CITY OF HUTCHINSON Financial Report - GENERAL FUND For the month of March, 2012 SUMMARY FINANCIAL STATEMENT: This category is reflecting a YTD increase over last year mainly due to Recreation Fees; $53,070, Motor Vehicle Fees; $20,265 and offset by lower Event Center rentals; $(7,809). The increase in Recreation fees is due mostly to the timing difference in the payout of baseball registration fees to Hutchinson Junior Baseball. The City administers the registration, collects all fees and then issues a check to the 2012 2012 2012 2012 traditionally have been netted against the revenue but technically should be expensed. Finance will look into making the 2011 2011 Category Month of March Approved Budget %Used March Approved %Used March YTD Budget Balance spring weather. YTD Budget REVENUES: is due in part to the timing of the replenishment at year end 2011 which we pushed into 2012 to more accurately match our expense with revenues in the same year. 4005 Taxes & Penalties - - 4,491,446 4,491,446 0.0% - 4,491,446 0.0% 4050 Licenses 45,401 47,237 53,500 6,263 88.3% 35,640 51,300 69.5% 4070 Permits 8,727 25,778 158,950 133,172 16.2% 23121 246,600 9.4% 4100 Inter ovemmental 11,914 33,790 1,194,876 1,161,086 2.8% 31,116 1,144,277 2.7% 4250 Cherries for Services 202,657 384,041 1,852,400 1,468,359 20.7% 316264 1,843,596 17.2% 4400 Fines & Forteitures 6,111 11,094 45,000 33,906 24.7% 11,211 45,000 24.9% 4620 Investment Earnings 16,922 35,000 51,922 -48.3% 5,119 70,000 7.3% 4700 Reimbursements 17,497 53,678 407,152 353,474 13.2% 48,971 568,385 8.6% 4800 Transfers 6 219 2,090,376 2,090,157 0.0% 2,148 2,161,535 0.1% 4890 Surcharge 387 1,051 350 701 300.4% 23 400 5.8% 4998 Fund Balance 10,000 10,000 0.0% - 15,000 0.0% TOTAL REVENUES 292,700 539,967 10,339,050 9,799,083 5.2% 473,613 10,637 639 4.5% EXPENDITURES: 6105 Salaries & Fringe Benefits 540,456 1,584,729 6,633,597 5,048,868 23.9% 1,631,054 6,607,157 24.7% 6200 Supplies, Repairs, Maint. 66,560 160,123 790,835 630,712 20.2% 158,995 761,532 20.9% 6300 Contractual Services 53,955 87,793 462,442 374,649 19.0% 86,074 465,925 18.5% 6306 Services & Charges 157,810 440,001 2,155,664 1,715,663 20.4% 459,561 2,233,927 20.6% 6600 Debt Service - - 0.0% - - 0.0% 6700 Transfers 2,000 2,000 92,750 90,750 2.2% 2,000 89,300 2.2% 6900 Misc. Expenses 26,071 84,494 203,762 119,268 41.5% 71,100 479,698 14.8% 7000 Ca itaI Outlay - 0.0% 588 - 100.0% TOTAL EXPENDITURES 846,853 2,359,140 10,339,050 7,979,910 22.8% 2409,373 10 637 539 22.6% TOTAL REVENUEOVER UNDER EXPENDITURES 554153 1819173 - 1819173 100.0% 7935759 - 100.0% COMMENTS: REVENUES: Charges for Services This category is reflecting a YTD increase over last year mainly due to Recreation Fees; $53,070, Motor Vehicle Fees; $20,265 and offset by lower Event Center rentals; $(7,809). The increase in Recreation fees is due mostly to the timing difference in the payout of baseball registration fees to Hutchinson Junior Baseball. The City administers the registration, collects all fees and then issues a check to the association net of the City's fees once registration is closed. In 2011, the City made a progress payout to the association in March but did not do the same in 2012 thereby creating the appearance of more revenue in 2012. The payouts traditionally have been netted against the revenue but technically should be expensed. Finance will look into making the accounting change of property recording the payout as expense. Motor Vehicle fees are up due in part to an increase in the number of transactions, but also due to a fee increase of $1.50 per transaction as of 71112011. Investment Earnings The 2012 activity includes an accrual reversal related to the 12/3112011 market value adjustment on our investments. This reversal causes a negative variance all year until we book the 12/31/2012 market value adjustment; $(16,922). EXPENDITURES: Salaries & Fringe Benefits The decrease in YTD 2012 from 2011 is due to the payout of vacation balances to the employees who retired 12/3112010. The majority of the vacation was paid out in the first quarter of 2011. Services & Charges The decrease in YTD 2012 from 2011 is due to the fact that Utilities is trending 16% lower than in 2011 due to the mild spring weather. Misc. Expenses This category is $13,395 higher in 2012 than in 2011 due to an increase in the Coalition of Greater MN Cities fee; $6,256. Also contributing is the fact that we have replenished the City Center ATM by $7,000 more YTD 2012 than in 2011. This is due in part to the timing of the replenishment at year end 2011 which we pushed into 2012 to more accurately match our expense with revenues in the same year. DLC�� EXPENDITURES BY DEPARTMENT: Department 2012 Month of March 2012 March YTD 2012 Approved Budget 2012 Budget Balance % Used 2011 March YTD 2011 Approved Budget % Used Mayor & City Council 3,162 9,887 53,814 43,927 18.4% 9,788 51,866 18.9% City Administrator 32,057 96,844 380,851 284,007 25.4% 135,653 385,766 35.2% Elections 30 30 16,000 15,970 0.2% - 10,000 Finance Department 30,786 92,065 364,529 272,464 25.3% 95,794 381,614 25.1% Motor Vehicle 28,478 77,309 271,910 194,601 28.4% 69,701 252,887 27.6% Assessing - - 61,911 61,911 - 61,911 Legal 17,411 51,271 233,181 181,910 22.0% 49,892 234,519 21.3% Planning 12,349 36,920 117,320 80,400 31.5% 40,405 170,830 23.7% Information Services 28,300 85,516 452,687 367,171 18.9% 76,064 360,943 21.1% Police Department 263,421 736,670 2,915,131 2,178,461 25.3% 703,264 3,029,871 23.2% Emergency Management - 362 13,025 12,663 2.8% 404 10,000 4.0% Safety Committee - 7,726 13,450 5,724 57.4% - 13,450 Fire Department 33,468 82,883 296,805 213,922 27.9% 65,239 460,763 14.2% Protective Inspections 14,620 43,768 206,188 162,420 21.2% 35,018 155,350 22.5% Engineering 41,709 116,708 457,614 340,906 25.5% 116,231 463,959 25.1% Streets & Alleys 90,629 231,530 1,308,421 1,076,891 17.7% 273,098 1,437,814 19.0% City Hall Building 6,795 25,360 121,698 96,338 20.8% 29,201 131,427 22.2% Park/Recreation Administration 15,032 51,240 215,295 164,055 23.8% 51,585 211,546 24.4% Recreation 13,881 54,914 217,894 162,980 25.2% 59,858 218,893 27.3% Senior Citizen Center 5,164 15,009 67,635 52,626 22.2% 16,588 72,990 22.7% Civic Arena 24,643 103,640 326,765 223,125 31.7% 117,776 331,624 35.5% Park Department 64,038 161,936 721,981 560,045 22.4% 155,982 720,738 21.8% Recreation Building & Pool 10,964 32,319 187,760 155,441 17.2% 36,723 185,393 19.8% Events Center 18,521 47,750 231,225 183,475 20.7% 53,628 224,688 23.9% Evergreen Building 153 2,323 12,305 9,982 18.9% 3,619 13,130 27.6% Library 38,888 44,918 183,970 139,052 24.4% 46,644 183,759 25.4% Cemetery 5,746 15,022 108,400 93,378 13.9% 37,599 112,511 33.4% Airport 1,339 11,528 100,235 88,707 11.5% 20,476 101,314 20.2% Revenue Department - - 50,000 50,000 - 50,000 Unallocated General Expense 45,268 123,691 631,050 507,359 19.6% 108,143 597,983 18.1% TOTAL EXPENDITURES 846,853 2,369,140 10 339 050 7,979,910 22.8% 2.409,373 10,637,539 22.6% -A,O� Fund: IlLiquor Category 2012 YTD 3/31/12 2012 Budget Budget Balance % Used 2011 YTD 3lJ1 /11 2011 Bud st y Used REVENUES: Beer 184,716 167,317 104% Wine 524,072 460,699 13.7% 4450 Sales -Liquor ;210. 378,701 1,705,453 1,326,752 22.2% 349,773 1,705,453 20.5% 4450 Sales Wine Average Sale per Customer 184,716 852,364 667,648 21.7% 167,317 759,895 22.0% 4450 Sales - Beer 524,072 2,601267 2,077,195 20.1% 460,899 2,681,718 17.2% 4450 Sales - Other 5,106 21,142 16,036 24.2% 4,864 11,142 43.7% 4620 Investment Earnings 461 1,000 539 46.1% 306 3,000 10.2% 4700 Reimbursements 500 500 2,000 1. o0l, 25.0% 555 100.0% 4800 Transfers 0.0% - 0.0% TOTAL REVENUES 419,187 1097,566 6,183,226 4,089,670 21.1% 983,713 5.161.208 19.1% Gross Margin % EXPENDITURES: 56,596 13.5% 44,731 4.1% 1,248,158 24.1% (1,203,427) 3.6% 20,862 2.1% 1,223,629 217% 1.7% 6800 Cost of Sales 361,925 1,047,864 3,932,068 2,884,204 26.6% 961,991 3,934,579 24.4% 6105 Salaries & Fringe, Benefits 39,448 115,164 436,850 321,686 2&4%J 105,481 439,844 24.0% 6200 Su lies, Repairs, Mainl. 856 2,648 16,600 13,952 16.0% 3,291 20,400 1 16.1% 6306 Services &Charges 11,239 43,812 186,500 142,688 23.5% 41,962 168,105 25.0% 6600 Debt Service 128,035 128,035 0.D% - 128,048 0.0% 6700 Transfers 420,000 420,000 0.0% - 451,030 0.0% 6898 Depreciation 77,671 77,671 0.0% 77,671 0.0% 6900 Misc. Expenses 57 314 3,650 3,336 8.6% 14D 3,250 47; 7000 Cap! I Outlay 0.0% - - 0.0% TOTAL EXPENDITURES 413,525 1,209,801 6,201 374 1 3991,673 23.3% 1172884 5222927 21.3% TOTAL REVENUE OVER UNDER EXPENDITURES 5,662 (116,24611 (18,14811 (98.09711 640.6'h 129 161 61 719 209.3% COMMENTS: REVENUES: Year- to-Date Sales 2012 2011 Change Liquor 378,701 349,773 8.3% Beer 184,716 167,317 104% Wine 524,072 460,699 13.7% Other 5,106 4,864 5.0% Total Sales 1,094,607 984,884 11.1% Customer Count 49,077 45,252 8.5% Average Sale per Customer $ 22.31 $ 21.72 21% EXPENDITURES: Cost of Sales Cost of sales reflected above is not indicative of actual cost of sales. Our current accounting structure reflects all goods purchased as Cost of Sales when in actuality the majority of those purchases should be reflected on the balance sheet as Inventory until sold. Therefore this report shows significantly higher Cost of Sales than the quarterly reports compiled by Candice Woods. Finance will be working with Candice to formulate a more accurate format for reporting monthly to the Council. Fund: Compost Category March 2012 2012 YTD 3131112 2012 Butl Budget Balance %used 2011 YTD 3131111 2011 Bud at % Used REVENUES: 4100 4250 Charges for Services 71 45,076 132,000 86,924 34.1% 21,725 20,000 108.6% 4450 Sales - Bulk Product 10,724 12,892 145,000 132,108 8.9% 916 100,000 0.9% 4450 Sales - Sagged Product 376,154 548,491 1,759,629 1,211,138 31.2% 372,204 1,700,000 21.9% 4450 Sales - Other 19,059 14,606 66,000 51,394 22.1% 1,274 67,000 1.9% 4620 Investment Earnings - 1,949 1,949 100.0% 202 0.0% 100.0% 4700 Reimbursements - 10 1,000 990 1.0% 23.7% 2,000 0.0% 4800 Transfers 0.0% 6800 Cost of Sales 0.0% TOTAL REVENUES 406,008 619.127 2,103.629 1484602 29.4% 396320 1,889,000 21.0% Gross Margin % EXPENDITURES: 153,414 37.8% 214,082 371% 769,686 39.1% (555,604) 27.B% 107,001 28.6% 1,011,000 54.2% 10.6% 6800 Cost of Sales 252,523 361,908 1,200,943 839,035 30.1% 267,392 856,000 31.2% 6105 Salaries B Fringe Benefits 51,304 134,750 478,605 343,855 28.2% 133,683 578,863 23.1% 6200 Supplies, Repairs, Maint. 11.773 13,799 24,350 10,551 56.7% 28,966 52,130 55.6% 6300 Contracted Services 6,815 8,908 58,000 49,093 15.4% 2,037 43,000 43% 6306 Services B Charges 12,922 23,262 117,800 94,538 19.7% 25,455 150,295 167% 6600 Debt Service - 163,073 163,073 0.0% 0.0% 264,811 00% 0.0% 6700 Transfers - 57,800 57,80D 0.0% 57,800 0.0% 6898 Depreciation - 8,236 70,290 78,526 -11.7% 2,126 146,184 -1.5% 6900 Misc. Expenses 2,076 2,681 8,500 5,819 31.5% 970 12,500 7.8% 7000 Capital Outlay 63 7/8 214.9% 125,000 125,000 0.0% 94,000 0.0% TOTAL EXPENDITURES 337413 537,072 21N 88 1604,216 26.1% 456,378 1990772 22.9% TOTAL REVENUE OVER UNDER EXPENDITURES 68596 82056 37669 119714 - 217.9% 60068 (101,77211 59.OYe Fund: Refuse Category March 2012 2012 YTD 3131112 2012 Budget Budget Balance y Used 2011 YTD 3131171 2011 Butl et %Used REVENUES: 4100 into o"n'"n. bal - 26,000 26,000 0.0% 29,466 0.0% 4250 Cha esfor Services D.0% 0.0% 4450 Sales 94,037 283,089 1,143,100 860,011 24.8% 283,455 1,167,000 24.3% 4620 investment Eamin s - 2,636 2,836 700.0% 522 100.0% 4700 Reimbursements - - 0.0% 0.0% TOTAL REVENUES 94,037 280.263 1,169100 (888&71 2440% 283977 1,196466 23.7% EXPENDITURES: 6800 Cost of Sales - 5,000 5,000 0.0% 5,000 0.0% 6105 Salaries 8 Fringe Benefits 14,055 43,459 148,420 104,961 29.3% 36,342 143,945 25.2% 6200 Supplies, Repairs, Maint. 836 2,978 68,700 65,722 4.3% 32,739 122,950 26.6% 6300 Contracted Services - 716 15,000 14,285 4.8% 106 31,000 1 0.3% 6306 Services BCharges 2882 773,805 658,417 544,612 17.3% 33,433 667600 5.0% 6600 Debt Service 0.0% 0.0% 6700 Transfers 1 55,000 55,000 00% 0.0% 6898 Depreciation - - 163,073 163,073 0.0% 264,811 00% 6900 Misc. Expenses 25 57 57 10000% 0.0% 7000 Capital Outlay - - - 0.0% 8,732 154,000 57% TOTAL EXPENDITURES 17,798 161,016 1,113 610 952.696 14.6% 111,352 1,389,606 8.0% TOTAL REVENUE OVER (UNDERI EXPENDITURES 76 239 119,238 56,490 63 7/8 214.9% 172 624 193 040 -69.4% m Fund: iWater Category March 2012 2012 YTD 3!71112 2012 Budget Budget Balance %Used 2011 YTD 3131111 011 d t %Usetl REVENUES: 4005 Taxes 24,058 24,755 252,000 227,245 9.8% 0.0% 4020 Special Assessments 6,700 7,000 300 0.0% 6,800 7,500 0,0% 4250 Charges for Services 1,821 21,375 32,000 10,625 66.8% 705 32,000 28.8% 4450 Sales 172,806 532,907 2,347,500 1,814,59 3 22.7% 998,899 501,500 22.6% 4620 Investment Eamin s 7,257 20,000 27,257 -36.3% 29,491 20,000 -99.4% 4700 Reimbursements 453 3,280 64,017 64,017 0.0% 7,469 63,802 0.0% 4800 Transfers 30 30 100.0% 63,802 100.0% 4998 Total Fund Balance 0.0% 0.0% TOTAL REVENUES 198684 671810 2,715,517 2143707 21.1% 984,382 ,617302 21.2% EXPENDITURES: 6105 Salaries & Fringe Benefits 28,523 86,236 443,330 357,094 19.5% 94,870 452,846 20.9% 6200 Supplies. Repairs, Maim. 7,465 15,405 143,975 128,570 101% 20,345 149,600 13.6% 6300 Consulting 1,017 1 4,091 50,000 1 45,909 8.2% 4,775 50,000 9.6% 6306 Services &Charges 11,978 66,228 405,550 339,322 16.3% 88,187 485,450 18.2% 6600 Debt Service 204,669 1,218,884 1,014,215 16.8% 228,125 1,211,338 18.8% 6700 Transfers 43,145 43,145 0.0% 43,145 0.0% 6898 Depreciation 1,020,000 1020,000 0.0% 1,000,000 0.0% 6900 Misc. Expenses 150 7,267 15,850 8,583 45.8% 4,936 13,450 36.7% 7000 Capital Outlay 250,000 250,000 0.0% 240,D00 0.0% TOTAL EXPENDITURES 49134 383,896 3,590734 3208838 10.7%. 441,238 3.645,829 12.1% TOTAL REVENUE OVER UNDER EXPENDITURES 149551 187914 876217 1063131 - 21.50/6 113571 M.028.62711 -11.D% Fund: iSewer Category March 2012 2012 YTD 3131112 2012 Budget Budget Balance y Used 2011 YTD 3131111 2011 Budget %Usetl REVENUES: 4005 Taxes 33,222 34,165 348,000 313,815 9.8% 0.0% 4070 Permits 6,700 7,000 300 95.7% 6,800 7,500 90.7% 4250 Charges for Services 100 7,000 6,900 .4 1% 705 6,000 11.8% 4450 Sales 267,188 852,654 3,190,000 2,337,346 267% 998,899 3,494,000 28.6% 4620 Investment Earnings 10,678 20,000 30,878 -54.4% 29,491 20,000 - 147.5% 4700 Reimbursements 453 3,280 64,017 (60,ZL71 51% 7,469 100.0% 4800 Transfers D.0% 63,802 0.0% 4998 Total Fund Balance 0.0% 0.0% TOTAL REVENUES 300,864 11 3,636,017 2749977 24.4% 984,382 3,591,302 27.4% EXPENDITURES: 6105 Salaries & Fringe Benefits 51,053 148,481 623,725 475,244 218% 138,365 620,093 22.3% 6200 Supplies, Repairs, Maint. 27,061 70,478 405,500 335,022 17.4% 124,787 404,500 30.8% 6300 Consuffing 3,411 9,688 120,000 110,312 1 8.1% 23,336 1 120,000 19.4% 6306 Services & Cha es 24,823 137,860 747,300 609,440 18.4% 192,360 737,225 1 26.1% 6600 Debt Service 434,319 1527,212 1,092,893 2B.4% 423,759 1,516,000 28.0% 6700 Transfers 43,145 43,145 D.0% 43,145 0.0% 6898 Depreciation 1,620,000 1,620,000 D.0% 1,620,000 0.0% 6900 Misc. Expenses 14,831 15,487 27,000 11,513 57.4% 15,259 22,600 67.5% 7000 Ca itaI Outlay 350,000 350,000 0.0% 350,000 0.0% TOTAL EXPENDITURES 121.179 816,313 6463 882 4,647,669 14.9% 917,866 5 433 663 16.9% TOTAL REVENUE OVER UNDER EXPENDITURES 179 684 69 727 (1,1127,8601 1,897,692 -3.8%. 66,616 (1,842,261 -3.6% Imo) Fund: IStorm Water Utility Category March 2012 2012 (YTD 3131/121 2012 Budget Budget Balance % Used 2011 (YTD 3131/11 2011 Budget % Used REVENUES: 4070 Permits 16,413 100 - 100 100.0% - 131,350 0.0% 4100 Intergovernmental 32,551 110,020 480,000 - 0.0% 167,321 - 0.0% 4250 Cha es for Services 399 1,000 1,000 0,0%I 42,D00 - 100.0% 4450 Sales 53,040 153,876 613,250 459,374 25.1% 144,295 566250 25.5% 4620 Investment Earnings 3,712 1,000 4,772 - 371.2% 829 1,D00 82.9% 4700 Reimbursements 126,172 703,800 - - 0.0% 601,400 1,650 0.0% 4998 Fund Balance - 0.0% - 61D5 0.0% TOTAL REVENUES 63,040 150,264 616250 464986 24.4% 187124 668,900 32.9% EXPENDITURES: 52,171 117,752 492,900 375,148 23.9% 159,030 393,900 40.4% 6105 Salaries & Fringe Benefits 8,991 23,872 205,610 181,738 11.6% 26,679 203,770 1 13.1% 6200 Supplies, Repairs Maint. 712 765 33,100 32,335 2.3% 22,274 33,100 67.3% 630D Consuttin 5,659 6,453 20I00D 13,547 32.3% 20,000 0.0% 6306 Services & Charges 3.137 15,762 122,250 106,488 12.9% 37,432 104,95D 35.7% 6600 Debt Service 125,425 165,340 39,915 75,9%1 119,405 165,400 72.2% 6700 Transfers 70 - 0.0% - - 000% 6898 De redirtion 90,000 90,000 0.0% 80,000 0.0% 6900 Misc. Expenses 25 57 2,200 2,143 2.6% 2 2,200 0.1% 7000 Capital Outlay - 157,000 157,000 0.0% 33,785 120,000 28.2% TOTAL EXPENDITURES 18,624 172,336 796.600 623,166 21.7% 239678 729420 32.8% TOTAL REVENUE OVER UNDER EXPENDITURES 34616 22071 1180,25011 158,179 12.2% 52.46411 1160.52q)L 321% Fund: HATS Category March 2012 2012 YTD 3131/12 2012 Butl et Budget Balance %Used 2011 TD 31311111 2011 Budiust %Used REVENUES: 4100 lintergovernmental 16,413 16,413 131,150 114,737 1245% - 131,350 0.0% 4250 lCharges for Services 32,551 110,020 480,000 369,980 22.9% 167,321 380,000 44.0% 4620 Investment Earnings 399 1,000 1,399 -39.9% 12B 1,000 12.8% 4702 Reimbursements 98 13B 2,000 1,862 6.9% 110 2,000 5.5% 4800 1 Transfers 89,650 89,650 0.0% - 87,050 0.0% TOTAL REVENUES 49,062 126,172 703,800 (677,628 17.9% 167,550 601,400 27.9% EXPENDITURES: 61D5 Salaries & Fringe Benefits 4,606 15,697 55,375 39,678 28.3% 18,599 51,290 36.3% 6200 Supplies, Repairs, Maint. 52,171 117,752 492,900 375,148 23.9% 159,030 393,900 40.4% 6300 Consulting 1,455 7,455 000% - 1,625 0.0% 6306 Services &Charges 3,001 27,620 154,000 126,380 17.9% 47,839 152,500 31.4% 6600 Debt Service - - 0.0% 0.0% 6700 Transfers - 0.0% - - 0.0% 6898 Depreciation - - 0.0% - 0.0% 6900 Misc. 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The meeting was called to order by Chairman Jim Lauer at 5:30 p.m. with the following members present: Tom Wirt, Larry Karg, Grant Knutson, Garrett Luthens, Bill Arndt and Chairman Lauer. Absent: Also present: Dan Jochum, City Planning Director, Marc Telecky, McLeod County Assistant Zoning Administrator and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated September 21, 2011. Mr. Knutson made a motion to approve the minutes of September 21, 2011. Seconded by Mr. Arndt, the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF A RESUBMITTED FINAL PLAT OF BARRICK'S TRAIL VIEW SUBMITTED BY TRAVIS BARRICK LOCATED IN SECTION 34, ACOMA TOWNSHIP Chairman Lauer opened the hearing at 5:31 p.m. with the reading of publication #7904 published in the Hutchinson Leader on Wednesday, November 2, 2011. Mr. Telecky explained the preliminary plat was approved in November of 2008. He commented on the reason of the resubmitted plat due to the changes needed in the Title Opinion. The existing land use is rural residential. Mr. Telecky stated the SSTS guidelines were met with no wetland delineation being needed since there are existing houses on both of the properties being split. The application meets the Comprehensive Land Use Plan for clustering. The site will be split into two buildable lots and both parcels are capable of two SSTS sites. The property is in an area that is located on a dead end road and does not have high traffic counts. A Title Opinion must be submitted before the County Commissioners meeting. Staff recommends approval of the final plat for recording after the McLeod County Attorney has reviewed the Opinion of Title. Mr. Arndt made a motion to close the hearing. Seconded by Mr. Karg, the hearing closed at 5:34 p.m. Mr. Arndt made a motion to approve the request with staff recommendations. Seconded by Mr. Karg, the motion carried unanimously. Mr. Telecky stated this item would be forwarded to the County Board and placed on their consent agenda, December 6, 2011, at 9:00 a.m. as long as the title opinion is received and reviewed by the County Attorney. 4. NEW BUSINESS 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF Minutes Joint Planning Board — November 16, 2011 Page 2 a) COMPREHENSIVE PLAN UPDATE — Mr. Jochum updated the Board on the Transportation Focus Group and Land Use Focus Group meetings. He would like to go to the township board meetings after the holidays sometime in January or February to get input from the township board members. It was the consensus of the Joint Planning Board to have the township board members meet at the City Center on January 18, 2012, which is the regular Joint Planning meeting night. 7. ADJOURNMENT There being no further business Mr. Arndt moved to adjourn the meeting, seconded by Mr. Wirt the meeting adjourned at 5:44 p.m. 1�� MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 20, 2012 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members present: Raymond Norton, Christie Hantge, Bill Arndt, Dean Kirchoff and Chairman Lofdahl. Absent: Jim Fahey and Dave Johnston Also present: Dan Jochum, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. ELECTION OF OFFICERS Chairman Lofdahl called for nominations to elect chairman and vice chairman. Mr. Arndt made a motion to re -elect Mr. Lofdahl for chairman. Seconded by Mr. Kirchoff, the motion carried unanimously. Mr. Arndt made a motion to elect Dave Johnston for vice chairman. Seconded by Mr. Kirchoff, the motion carried unanimously. 4. CONSENT AGENDA a) Consideration of Minutes dated January 17, 2012 Mr. Arndt moved to approve the consent agenda as submitted. Seconded by Mr. Kirchoff. The consent agenda was approved unanimously 5. PUBLIC HEARINGS a) CONSIDERATION OF A ONE LOT PRELIMINARY AND FINAL PLAT OF DEPOT MARKETPLACE SUBMITTED BY MILES SEPPELT, HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY, APPLICANT Chairman Lofdahl opened the hearing at 5:32 p.m. with the reading of publication #7919 as published in the Hutchinson Leader on March 7, 2012. Mr. Jochum reported the property is owned by the McLeod County Regional Rail Authority. The applicant, Miles Seppelt, EDA, has submitted a preliminary and final plat for the relocation of the railroad depot on the present site and a Farmer's Market pavilion to be located at 25 Adams Street S.E. He reminded the Commissioners the site plan for redevelopment of the depot building and Farmers Market Pavilion was reviewed and approved by City Council on January 24, 2012. He asked to act on the vacation of alley first. (refer to item b) Mr. Jochum reported staff has no issues with the request to plat several lots into one lot. He explained that combining all the lots into one lot is required to meet the standards of the zoning ordinance. Platting and vacating the alley will clean up the area and allow for relocation of the depot and construction of a pavilion and parking lot on the property. The plat will combined the original several townsite lots to one new lot. Easements per the subdivision ordinance are shown on the plat as required. He reported there is a transformer and fire hydrant located in the boulevard on the northwest corner of the lot which may have to be relocated if a trail were to be constructed along the site. Mr. Jochum commented on the two businesses to the south of the plat and the need for easements to allow them to access their lot. 1�-CQ-) Minutes Planning Commission — March 20, 2012 Page 2 Brian Schmeling, Schmeling Oil, asked to verify the alley to be vacated is only the portion to the north of his property. Mr. Jochum explained there must be a formal easement with Schmeling Oil. Staff recommends approval of the request with the following recommendations 1. The applicant shall record the final plat prior to issuance of any building permits for the project. 2. Easements may be needed for water, sanitary sewer lines and the trail after construction. If they are needed, it is the responsibility of the applicant to have the easements recorded. 3. The applicant will need to prepare a cross easement for ingress /egress to ensure Schmeling Oil has access to their property through the proposed parking lot. 4. Moving or relocating utility services will be at the property owner's expense. 5. The proposed project must comply with the standards of the I/C zoning district and the project will require a Conditional Use Permit. Mr. Jochum reported there was no well found on the property. The first phase of the environmental assessment has been completed. Discussion followed on the possibility of a well on the property. Miles Seppelt explained that Phase One of the environmental assessment did not indicate that there was a well on the property in the past. Discussion followed on the present utilities on the property. There are utilities stubbed to the property. There may have been a holding tank in the past. Mr. Kirchoff made a motion to close the hearing. Seconded by Mr. Arndt, the hearing closed at 5:43 p.m. Mr. Arndt made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Hantge, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held March 27, 2012, in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A VACATION OF ALLEY LOCATED IN THE DEPOT MARKETPLACE PLAT REQUESTED BY MILES SEPPELT, HUTCHINSON EDA, APPLICANT Chairman Lofdahl opened the hearing at 5:34 p.m. with the reading of publication #7919 as published in the Hutchinson Leader on March 7, 2012. Mr. Jochum explained that vacating the alley will allow for relocation of the depot and construction of the marketplace pavilion. No construction is allowed over a platted alley or easement. He stated the alley has never been recognized as the depot was placed over the alley. Mr. Arndt made a motion to close the hearing. Seconded by Mr. Kirchoff, the hearing closed at 5:35 p.m. Mr. Kirchoff made a motion to recommend approval of the request to vacate the portion of the alley located in the plat. Seconded by Mr. Norton, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held March 27, 2012 in the Council Chambers at 5:30 p.m. 6. NEW BUSINESS - None + -(e-) Minutes Planning Commission — March 20, 2012 Page 3 OLD BUSINESS - None 8. COMMUNICATION FROM STAFF a) COMPREHENSIVE PLAN UPDATE Mr. Jochum commented on the progress of the Focus group meetings. He reported the Transportation and Land Use groups are finishing up. He commented on the Future Land use map and reported we are not showing growth areas outside the city limits. He stated Development Staging may show outside the City limits. There will not be a lot of detail planning for outside the City. He also reported on the Downtown redevelopment and Riverfront redevelopment discussions. The transportation study is moving along. Many things have been completed since the last study. He reported there will be a public meeting on transportation issues next week. He commented on the Economic Development internal strategic planning process. He stated we are on track for completion in late summer. Mr. Jochum stated he will correspond with the townships by letter. b) Mr. Jochum reported the Shoreland training workshops are May 10th at Brainerd. Let our office know if you wish to attend. 9. ADJOURNMENT There being no further business the meeting adjourned at 5:54 p.m. 1 2-CeJ