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cp10-08-19HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, OCTOBER 8, 2019 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — Maranatha House of Prayer (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be accepting public comments during the agenda item if not a public hearing. If you have a question, concern or comment, please ask to e recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speak for more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of September 24, 2019 CONSENT AGENDA 77- (The items listedor consi eration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Reappointment of Cheryl Dooley to Airport Commission to September 2024 (b) Consideration for Approval of Resolution No. 15102 — Resolution to Sell at Auction Surplus Property (John Deere Mower) (c) Claims, Appropriations and Contract Payments — Register A 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — 6:00 P.M. - NONE COMMUNICATIONS REQUESTS AND PETITIONS e purpose oj this portion oj the agenda is to provide the Council with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities.) CITY COUNCIL AGENDA October 8, 2019 9. PRESENTATION OF 2019 NATIONAL COMMUNITY SURVEY RESULTS 10. REVIEW OF RESIDENTIAL LEAF VACUUM SERVICE UNFINISHED BUSINESS 11. APPROVE/DENY FIRST READING OF ORDINANCE NO. 19-806 - ORDINANCE REVISING CHAPTER I I I — PEDDLERS AND SOLICITORS 12. APPROVE/DENY FIRST READING OF ORDINANCE NO. 19-807 — ORDINANCE REVISING CHAPTER 123 — FOOD VENDORS NEW BUSINESS 13. APPROVE/DENY RESOLUTION NO. 15101 — RESOLUTION AUTHORIZING ISSUANCE OF $5,860,000 GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2019A 14. APPROVE/DENY PURCHASE AGREEMENT FOR THE PROPERTY LOCATED AT 205 WASHINGTON AVENU EAST (ECONO FOODS BUILDING) 15. APPROVE/DENY MNDOT LOCAL ROADWAY IMPROVEMENT PROGRAM AND LOCAL PROJECT PARTNERSHIP GRANT AGREEMENTS — SOUTH GRADE ROAD CORRIDOR IMPROVEMENTS 16. APPROVE/DENY CITY ALLEY #40 IMPROVEMENTS (VFW LOCATION) 17. APPROVE/DENY SETTING SPECIAL MEETING WITH MCLEOD COUNTY BOARD OF COMMISSIONERS ON OCTOBER 29, 2019, AT 3:30 P.M. AT MCLEOD COUNTY FAIRGROUNDS GOVERNANCE (T e purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 18. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Hutchinson Utilities Commission Minutes from August 28, 2019 (b) Liquor Hutch Quarterly Report NIISCELLANEOUS 19. STAFF UPDATES 20. COUNCIL/MAYOR UPDATE ADJOURNMENT 2 HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 24, 2019 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Steve Cook, Chad Czmowski, and Mary Christensen. Member absent was Dave Sebesta. Others present were Matt Jaunich, City Administrator, Kent Exner, City Engineer, and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Czmowski, second by Christensen, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — Riverside Church (The invocation is a voluntary expression of theprivate citizen, to and for the City Council, and is not intended to ajiliate the City Council with, or express the City Council's preference for, any religiouslspiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15095 — Resolution Accepting $500 Donation from James & Arlene Martini for Law Enforcement Memorial Park Fund (b) Resolution No. 15099 — Resolution Accepting Donation from Goldeneye Solutions Inc. for Water Treatment Reverse Osmosis Equipment (c) Resolution No. 15100 — Resolution Accepting $2552.50 Cash Donation from Hutchinson Elks Lodge for Landscaping Pavers at VMF Park and Bicycle Fix -it Station at Recreation Center Council Member Cook asked what the specific equipment donation from Goldeneye Solutions was. Kent Exner, City Engineer, explained that Goldeneye Solutions has provided the RO membrane systems to the City over the years. Mr. Exner explained that Goldeneye Solutions is going out of business, or the partners are retiring, and has some equipment it no longer has a need for or are decommissioning. Council Member Czmowski explained that the bicycle fix -it station has various tools available where a bicyclist can fix their bicycle in case of an emergency and can keep on their way. Motion by Czmowski, second by Cook, to approve Resolution Nos. 15095, 15099, 15100. Motion carried unanimously. PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor if he will be accepting public comments during the agenda item if not a public hearing. If you have a question, concern or comment, please ask to e recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speak for more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL Bobby Paulson, Hutchinson Lions Club, presented before the Council. Mr. Paulson explained that the Lions Club would like to install new playground equipment at Lions West Park. The Lions Club CITY COUNCIL MINUTES September 24, 2019 has raised $9000 to date to go towards the playground equipment. The total package with installation and landscaping is approximately $17,000 and the Lions Club is asking if the City can help to purchase the equipment and complete the project before the end of the year to take advantage of a discount available. The Lions Club would pay the City back over a term to be established. Matt Jaunich, City Administrator, explained that the Council can receive the request tonight on the project and take formal action at a future meeting. 6. APPROVAL OF MINUTES (a) Workshop of September 10, 2019 (b) Regular Meeting of September 10, 2019 Motion by Christensen, second by Cook, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Improvement Project Change Orders 1. Change Order No. 1 & 2 — Letting No. 1, Project No. 19-01 (5t' Avenue South Reconstruction) 2. Change Order No. 2 — Letting No. 2, Project No. 19-02 (South Grade Road Corridor Improvements) 3. Change Order No. 2 — Letting No. 5, Project No. 19-06 (Technology Drive/West Highland Park Drive Construction) (b) Consideration for Approval of Issuing Parade Permit to Hutchinson High School on October 4, 2019, for Homecoming Parade (c) Consideration for Approval of Spooky Sprint Event on October 26, 2019 (d) Consideration for Approval of Resolution No. 15096 — Resolution Returning Donation to Hutchinson Elks (e) Consideration for Approval of Issuing Short -Term Gambling License to Minnesota Holstein- Fresesian Breeder's Association on April 11, 2020, at McLeod County Fairgrounds (f) Consideration for Approval of Resolution No. 15098 — Resolution to Sell at Auction Surplus Property (2013 Chevrolet Caprice) (g) Consideration for Approval of MnDNR Emerald Ash Borer Tree Planting Grant Opportunity (h) Appointments to Public Arts Commission - Jackie Fuchs to August 2022 - Patrick Hiltner to August 2022 - Kay Voigt to August 2021 (reappointment) (i) Claims, Appropriations and Contract Payments — Register A 2 CITY COUNCIL MINUTES September 24, 2019 Item 7(g) was pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve Consent Agenda I with the exception of Item 7(g). Motion carried unanimously. Item 7(g). Council Member Cook noted that the narrative did not talk about the number/types of trees being planted, but that 200 were noted elsewhere. John Olson, Public Works Manager, commented that the 200 trees are those to be planted in the parks. It was explained that the grant allows for work to be done over 2-3 years. The local match is noncommitted at this time until a selection is made. This is a preapplication and if selected more formalities will come before the Council. Motion by Cook, second by Czmowski, to approve Item 7(g). Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Motion by Czmowski, second by Christensen, with Forcier abstaining, to approve Consent Agenda II. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. - NONE COMMUNICATIONS REQUESTS AND PETITIONS (Thep urpose oj this portion oj the agenda is to provide the ounci with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities) UNFINISHED BUSINESS 9. APPROVE/DENY ORDINANCE NO. 19-806 - ORDINANCE REVISING CHAPTER 111 — PEDDLERS AND SOLICITORS Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that no changes have been made to this ordinance since the last meeting. The only thing to note is that the language contained in the exemption/exception section of this ordinance was copied and pasted into the food vendor ordinance. Council Member Christensen questioned the fees established for the annual license and the temporary license and tried to get clarification on the content contained within the ordinance. Council Member Christensen wants the ordinance to be business -friendly. Council Member Cook expressed that he feels the ordinance is business -friendly as it now allows for a temporary operation along with a reduced fee, along with the exceptions and the event sponsor option. Council Member Czmowski asked Matt Jaunich if he is aware of any cities having issues with those that don't license food vendors. Council Member Christensen asked if the city administrator would check with other cities to see how those cities are doing that don't require city licenses for food vendors. Council Member Christensen noted that she is fine with moving forward with the peddlers/solicitors/transient merchant ordinance, but she expressed that she has more concerns with the food vendors. Council Member Cook stated he feels both ordinances are connected. Motion by Cook, second by Christensen, to table Ordinance No. 19-806 and 19-807. Mr. Jaunich will reach out to cities both that do required food vendor licenses and those that do not to discuss CITY COUNCIL MINUTES September 24, 2019 issues they have with either. Motion carried unanimously. 10. APPROVE/DENY ORDINANCE NO. 19-807 — ORDINANCE REVISING CHAPTER 123 — FOOD VENDORS See discussion and action under Item 9. NEW BUSINESS 11. APPROVE/DENY RESOLUTION NO. 15092 — RESOLUTION SETTING HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY 2020 PRELIMINARY TAX LEVY Andy Reid, Finance Director, explained that the state levy limit is $192,993 which is the levy amount the HRA board is requesting. The levy represents a 3.7% increase from the 2019 levy. Motion by Cook, second by Czmowski, to approve Resolution No. 15092, setting the HRA preliminary tax levy at $192,993. Motion carried unanimously. 12. APPROVE/DENY RESOLUTION NO. 15093 — RESOLUTION SETTING HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY 2020 PRELIMINARY TAX LEVY Andy Reid, Finance Director, explained that the state levy limit is $189,133 which is the levy amount the EDA board is requesting. The levy represents a 3.7% increase from the 2019 levy. Motion by Czmowski, second by Christensen, to approve Resolution No. 15093, setting the EDA preliminary tax levy at $189,133. Motion carried unanimously. 13. APPROVE/DENY RESOLUTION NO. 15094 — RESOLUTION APPROVING THE GENERAL FUND AND DEBT SERVICE FUND PRELIMINARY 2020 TAX LEVIES Andy Reid, Finance Director, explained that the final levy cannot increase from the preliminary levy, however it can be reduced. Mr. Reid explained there is a slight decrease in the general fund budget from the workshop held two weeks ago. At the workshop held two weeks ago, the total tax levy was projected to increase 3.3% consisting of a 4.8% general fund levy increase and no increase to the debt levy. The general fund budget was balanced with the 4.8% levy increase. Since the workshop the City has received the estimated 2020 tax capacity from the county, totaling $11,243,553. This represents a 3.1% increase over 2019, where at the workshop presentation it was estimated at a 4% increase. With a 3.1% levy increase, the median home could see a $47 increase in City taxes with about $19 of that increase being attributed to the increase in home value. The preliminary budget includes a 2% shift in the pay grid, a 5% estimated increase in workers compensation rates and a 7% increase in the health premiums. There are no increases to other employee benefits. The debt levy remains flat since the City is at the current target levy of $2.2 million per the debt management plan. The debt tax levy will remain at $2.2 million until 2023 at which point moderate increases will be needed to reach the new target debt levy of $2.6 million in 2032. Mr. Reid did note that there are factors that impact future debt levies, which include construction costs, interest rates, new debt for the police station and new debt for heavy equipment. Motion by Czmowski, second by Forcier, to approve Resolution No. 15094, setting the preliminary tax levy at $7,537,908. Motion carried unanimously. 14. APPROVE/DENY RESOLUTION NO. 15097 — RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR THE ISSUANCE OF SENIOR HOUSING FACILITY REVENUE OBLIGATIONS TO FINANCE A SENIOR HOUSING PROJECT Andy Reid, Finance Director, presented before the Council. Mr. Reid City and for the City's tax-exempt .19 CITY COUNCIL MINUTES September 24, 2019 financing capability and what level of city fee should be charged, if any. Mr. Reid explained that typical fees are in the range of 0.125% to 1.00% of the par value of bonds issued or a negotiated flat fee amount. The fee is designed to reimburse the City for its incurred costs and staff time related to the project. Mr. Reid is recommending a $12,000 fee which is what the City collected from Ecumen in 2006 related to the Oaks and Pines financing. This flat fee covers the City's fees and staff time. Merline Duering, Executive Director, Prince of Peace, presented before the Council. Ms. Duering explained that the City was the conduit for tax-exempt financing when Prince of Peace opened approximately 25 years ago. Ms. Duering explained that the expansion includes 11 new apartments along with garages and other improvements. Mr. Reid explained that the only impact this would have on the City is basically including a footnote in its audit report that there is conduit financing being made available to the Prince of Peace. Ben Beckman, Citizens Bank & Trust, presented before the Council. Mr. Beckman explained that this project is basically like a loan/mortgage, however the City's part is needed so a tax-exempt interest rate can be provided. Motion by Czmowski, second by Christensen, to approve Resolution No. 15097. Motion carried unanimously. 15. APPROVE/DENY SETTING TRUTH IN TAXATION HEARING FOR DECEMBER 5, 2019, AT 6:00 P.M. Mr. Jaunich that the proposed date does not conflict with the county's or the school district's truth in taxation hearing dates. Motion by Christensen, second by Cook, to set Truth in Taxation Hearing for December 5, 2019, at 6:00 p.m. Motion carried unanimously. GOVERNANCE e purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 16. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS �a) Hutchinson Public Library Board Minutes from July 22, 2019 b) City of Hutchinson Financial and Investment Reports for August 2019 �c) Hutchinson Housing & Redevelopment Authority Board Minutes from August 20, 2019 d) Tall Grass/Noxious Weed Monthly Report for September 2019 NHSCELLANEOUS 17. STAFF UPDATES Kent Exner. — Mr. Exner spoke of the following: South Grade Road project is going very well and is scheduled to be completed by November 1, 2019; Residential leaf vacuuming will begin October 15, 2019; Glencoe Transportation Study findings Matt Jaunich — Mr. Jaunich noted that LMC Regional meetings are being held and Council Members can let him know if they are interested in attending any; On October 8t' a House Capital Bonding Visit is scheduled in Hutchinson as it relates to the Lakes/River Basin request; the City's marketing/branding initiative has kicked off 18. COUNCIL/MAYOR UPDATE 5 CITY COUNCIL MINUTES September 24, 2019 Steve Cook — Council Member Cook asked for some clarifications on the trail on South Grade Road. Kent Exner noted that the existing concrete sidewalk will be utilized and when Dale Street is reconstructed a new true trail connection will be made. Council Member Cook also suggested that perhaps it would be helpful to look at adding a trail segment on/near 2nd Avenue/Franklin Street near Dairy Queen. Mr. Exner can address this. Council Member Cook also noted that a resident had asked him if the City could look at installing a stop sign at Lewis Avenue and Larson Street to reduce speed on Lewis Avenue. Chad Czmowski — Council Member Czmowski commented that the 5d' Avenue project turned out great. He also clarified that mosquito spraying is done for the year however the mosquitos have been thick the last couple of weeks. In relation to the Lions donation for the Lions Park West improvements, he asked if the Council would be interested in leveraging more dollars towards the park so even a bigger project could be implemented. The Council was in favor of such so Mr. Jaunich will speak with the Parks Dept. and Finance Dept. to see what options are available. Gary Forcier — Mayor Forcier noted that Cheryl Dooley's term is up on the Airport Commission and he intends to reappoint her at the next Council meeting. He also commented that the 5d' Avenue project turned out great, as well as the southwest pond project on Linden Ave. Mayor Forcier also announced that the senior center is holding a fundraiser on October 5d'. ADJOURNMENT Motion by Czmowski, second by Christensen, to adjourn at 7:00 p.m. Motion carried unanimously. rel HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Consideration approving disposal of surplus property (Resolution #15102) Department: Parks LICENSE SECTION Meeting Date: 10/8/2019 Application Complete N/A Contact: Randy Carter Agenda Item Type: Presenter: Randy Carter Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The Parks Dept. department has surplus property no longer needed for municipal operations as described: For sale at auction: 2012 John Deere WAM(wide area mower) vin #1TC1600TCCT100295 This equipment is no longer needed for municipal operations, The intent is to offer this equipment for sale through Fahey Sales at an upcoming auction. Proceeds from these transactions shall be deposited into the Equipment Replacement Fund (701-4951). BOARD ACTION REQUESTED: Consideration to approve/reject disposal of surplus property, Resolution #15102. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 15102 RESOLUTION APPROVING DISPOSAL OF PARKS AND REC DEPARTMENT SURPLUS PROPERTY WHEREAS, the Hutchinson Parks and Rec Department has equipment that is no longer needed for municipal operations, AND WHEREAS, the Hutchinson City Code Section 91, Subdivision 3, Paragraph C provides for the sale at auction of surplus equipment, AND NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, That the Hutchinson City Council hereby approves the sale at auction of the surplus property identified herein. Items to be sold at auction through Fahey Sales. 1. 2012 John Deere WAM (wide area mower) vin# ITC1600TCCTIO0295 Proceeds from these transactions shall be deposited into the Equipment Replacement Fund (701-4951). Adopted by the City Council this 8th day of October, 2019 Gary Forcier, Mayor ATTEST: Matthew Jaunich, City Administrator CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 9/24/19 - 10/08/19 Check Date Check Vendor Name Description Amount 09/27/2019 EFT1047 EFTPS PAYROLL 9/8 - 9/21/2019 64,007.90 09/27/2019 EFT1048 Child Support PAYROLL 9/8 - 9/21/2019 149.54 09/27/2019 EFT1049 MN Dept of Revenue PAYROLL 9/8 - 9/21/2019 13,076.80 09/27/2019 EFT1050 Provident Life Insurance PAYROLL 9/8 - 9/21/2019 655.60 09/27/2019 EFT1051 PERA PAYROLL 9/8 - 9/21/2019 52,504.75 09/27/2019 EFT1052 TASC-Flex PAYROLL 9/8 - 9/21/2019 1,551.25 09/27/2019 EFT1053 TASC-H S A PAYROLL 9/8 - 9/21/2019 12,899.81 09/27/2019 EFT1054 ICMA PAYROLL 9/8 - 9/21/2019 2,460.00 09/27/2019 EFT1055 VOYA PAYROLL 9/8 - 9/21/2019 530.00 09/27/2019 EFT1056 MNDCP PAYROLL 9/8 - 9/21/2019 350.00 09/27/2019 207547 MNPEA PAYROLL 9/8 - 9/21/2019 546.00 09/27/2019 207548 Unum Life Insurance PAYROLL 9/8 - 9/21/2019 1,176.33 09/27/2019 207549 HART PAYROLL 9/8 - 9/21/2019 585.47 09/26/2019 207550 BERTRAM ASPHALT COMPANY, INC. PAVEMENT REPAIRS 72,491.91 10/08/2019 207551 48FORTY SOLUTIONS, LLC PALLETS FOR CREEKSIDE 7,452.00 10/08/2019 207552 ACE HARDWARE REPAIR & MAINT SUPPLIES - VARIOUS DEPTS 160.78 10/08/2019 207553 ALFERNESS, JASON DJ DANCE - SENIOR CENTER 100.00 10/08/2019 207554 ALPHA WIRELESS REPAIR KIT, ANALYZE BATTERY - POLICE RADIOS 1,160.56 10/08/2019 207555 ALTERNATIVE BUSINESS FURNITURE CHAIR FOR HRA DESK 276.00 10/08/2019 207556 AMERICAN BOTTLING CO SEPTEMBER COST OF GOODS - LIQUOR STORE 192.32 10/08/2019 207557 AMERIPRIDE SERVICES CLEANING/JANITORIAL SUPPLIES - LIQUOR STORE 253.16 10/08/2019 207558 ARCTIC GLACIER USA INC. SEPTEMBER COST OF GOODS - LIQUOR STORE 811.16 10/08/2019 207559 ARTISAN BEER COMPANY SEPTEMBER COST OF GOODS - LIQUOR STORE 920.50 10/08/2019 207560 AUTO VALUE - GLENCOE EQUIPMENT PARTS -VARIOUS DEPTS 2,776.39 10/08/2019 207561 B & C PLUMBING & HEATING INC FALL SERVICE - LIBRARY, EVENT CTR & POLICE 3,205.28 10/08/2019 207562 BARGEN INC CRACK REPAIR - SCHOOL RD SW (BRIDGE-HWY 7) 10,044.00 10/08/2019 207563 BECKER ARENA PRODUCTS SHIELD SUPPORTS, RINK SHIELDS, VINYL 1,724.39 10/08/2019 207564 BECKER LOGISTICS LLC CREEKSIDE FREIGHT TO FOSTERS 695.00 10/08/2019 207565 BELLBOY CORP SEPTEMBER COST OF GOODS - LIQUOR STORE 462.19 10/08/2019 207566 BERGER HORTICULTURAL PRODUCTS LTD BP FINE - 2% N 30 - CREEKSIDE INVENTORY 5,236.99 10/08/2019 207567 BERGER PLUMBING HEATING A/C, LLC SHOWER VALVES, HANDLES, HEADS - WATERPARK 733.54 10/08/2019 207568 BERNICK'S CONCESSION SUPPLIES - ROBERTS PARK 2,298.00 10/08/2019 207569 BERTRAM ASPHALT COMPANY, INC. PAVEMENT REPAIRS 18,900.00 10/08/2019 207570 BLUE VALLEY SOD PEAT DELIVERED FOR CREEKSIDE PRODUCTION 3,600.00 10/08/2019 207571 BOLTON & MENK INC. 8-UNITT-HANGAR CONST 7/13 - 8/9'19 4,909.77 10/08/2019 207572 BRAUN INTERTEC CORP 5TH AVE SE IMPS - THRU 9/13/19 5,254.00 10/08/2019 207573 BREAKTHRU BEVERAGE SEPTEMBER COST OF GOODS - LIQUOR STORE 2,852.24 10/08/2019 207574 BW WELDING WORK FOR WWTP EQUIPMENT 918.60 10/08/2019 207575 C & L DISTRIBUTING SEPTEMBER COST OF GOODS - LIQUOR STORE 45,107.12 10/08/2019 207576 CANNON RIVER WINERY SEPTEMBER COST OF GOODS - LIQUOR STORE 144.00 10/08/2019 207577 CARD SERVICES CASH WISE SUPPLIES FOR SENIOR CENTER 40.93 10/08/2019 207578 CENTRAL HYDRAULICS EQUIPMENT PARTS - VARIOUS DEPTS 97.03 10/08/2019 207579 CENTRAL MN FIREFIGHTER'S REG ASSOC 2019 MEMBERSHIP DUES 100.00 10/08/2019 207580 CHEMISOLV CORP FERRIC CHLORIDE - WWTP 5,040.16 10/08/2019 207581 CINTAS CORPORATION CLEANING SUPPLIES - VARIOUS DEPTS 166.97 10/08/2019 207582 CLARKE ENVIRONMENTAL MOSQUITO MANAG AUGUSTSERVICES 11,090.00 10/08/2019 207583 COLDSPRING ROSE NICHE FRONT- CEMETERY 257.00 10/08/2019 207584 CORE & MAIN LP 12 X 15 REP CLP - WATER METER PARTS 237.00 10/08/2019 207585 CREEKSIDE SOILS BROWN MULCH - FOR STREETS DEPT 166.60 10/08/2019 207586 CROW RIVER AUTO & TRUCK REPAIR VEHICLE REPAIRS - 2 SQUADS, 1 WTP TRUCK 2,165.07 10/08/2019 207588 CROW RIVER OFFICIALS ASSN YOUTH SOCCER & TACKLE FOOTBALL OFFICIALS 2,640.00 10/08/2019 207589 CROW RIVER PRESS INC SENIOR NEWSLETTER PRINTING 93.41 10/08/2019 207590 DELEGARD TOOL CO SHOP TOOLS - STREETS & HATS 468.11 10/08/2019 207591 DLT SOLUTIONS, LLC AUTOCAD ANNUAL RENEWAL - HUC BILLED 1,303.40 10/08/2019 207592 DONE RITE POWDER COATING LLC POWDERCAOT, SANDBLASTING - FIRE 156.00 10/08/2019 207593 DUININCK INC 1_11319-01 PAY #4 - 5TH AVENUE PROJECT 269,459.46 10/08/2019 207594 E2 ELECTRICAL SERVICES INC ELECTRICAL REPAIRS- LIQUOR, WWTP & SR DINING 1,257.93 10/08/2019 207595 ECOLAB PEST ELIMINATION RODENT PROGRAM - CREEKSIDE 161.52 10/08/2019 207596 ENERGY SALES INC SHOP HEATER FILTERS - HATS 392.67 10/08/2019 207597 EVOQUA WATER TECHNOLOGIES, LLC SEAL-MANF, CLAMP KIT W/ BAND - WWTP 1,015.73 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 9/24/19 - 10/08/19 Check Date Check Vendor Name Description Amount 10/08/2019 207598 FARM -RITE EQUIPMENT EQUIPMENT PARTS - PARKS & REFUSE 2,256.23 10/08/2019 207599 FASTENAL COMPANY EQUIP PARTS & SUPPLIES - VARIOUS DEPTS 569.46 10/08/2019 207600 FENSKE'S STUMP REMOVAL 33 TREE REMOVALS - VARIOUS LOCATIONS 27,375.00 10/08/2019 207601 FIRST CHOICE FOOD & BEVERAGE SOLUTI COFFEE FOR CITY CENTER 76.00 10/08/2019 207602 GALLS LLC POLICE UNIFORMS AND BOOTS 551.17 10/08/2019 207603 GARD SPECIALISTS TURBO BLENDER GRINDING DISCS - HATS 65.29 10/08/2019 207604 GAVIN, JANSSEN & STABENOW, LTD AUGUST LEGAL SERVICES 3,300.00 10/08/2019 207605 GOLDENEYE SOLUTIONS INC 1_91319-10 EST #1 FOR 8/13 - 9/19 - WTP MEMBRANES 320,796.00 10/08/2019 207606 GOODYEAR TIRE & RUBBER COMPANY MARATHON TIRES - CREEKSIDE TRAILERS 2,124.24 10/08/2019 207607 GOPHER STATE FIRE EQUIPMENT CO. ABC RE -CHARGE AND MATERIALS - REFUSE 39.89 10/08/2019 207608 GRAINGER REPAIR & MAINT SUPPLIES - VARIOUS DEPTS 263.96 10/08/2019 207609 GREEN EARTH LAWN CARE INC MOWING - 246 COLLEGE AVE, 436 PROSPECT ST 100.00 10/08/2019 207610 HACH COMPANY DEIONIZED WATER - WTP 63.97 10/08/2019 207611 HAGER JEWELRY INC. WOOD GRAIN PLAQUE & ENGRAVING - TELECKY 27.50 10/08/2019 207612 HANSEN GRAVEL INC. GRANITE SAND FOR GATEWAY PARK PROJECT 75.00 10/08/2019 207613 HANSON & VASEK CONSTRUCTION CONCRETE REPAIRS 2019 2,270.00 10/08/2019 207614 HERC-U-LIFT SKYJACK INSPECTION & REPAIRS - CIVIC ARENA 586.48 10/08/2019 207615 HILLYARD / HUTCHINSON 3 GAL NORTH STAR - SENIOR DINING 93.45 10/08/2019 207616 HUTCHINSON FIRE DEPT RELIEF ASSN FIRE RELIEF PENSION AID - STATE & CITY CONTRIB 148,662.50 10/08/2019 207617 HUTCHINSON J.O. VOLLEYBALL REIMB OF FEES FOR YOUTH VB CAMP 1,705.00 10/08/2019 207618 HUTCHINSON UNITED SOCCER ASSN. COACHING FEES - FALL YOUTH SOCCER 1,305.00 10/08/2019 207619 HUTCHINSON UTILITIES 2019 GIS SERVICES - BRANDON FITZPATRICK 54,930.50 10/08/2019 207620 HUTCHINSON WHOLESALE #1550 SHOP SUPPLIES - STREETS 560.75 10/08/2019 207621 HUTCHINSON WHOLESALE #1552 SHOP SUPPLIES - PARKS 627.03 10/08/2019 207622 HUTCHINSON WHOLESALE #2520 SHOP SUPPLIES - FIRE 32.67 10/08/2019 207623 I.M.S. SHARPENING SERVICE CATCH BASIN REPAIR 2,100.00 10/08/2019 207624 INDIAN ISLAND WINERY SEPTEMBER COST OF GOODS - LIQUOR STORE 129.12 10/08/2019 207625 INGSTAD BROADCASTING RADIO ADVERTISING FOR LIQUOR STORE 770.00 10/08/2019 207626 INTERSTATE BATTERY SYSTEM MINNEAPOL BATTERIES FOR HATS SHOP 183.38 10/08/2019 207627 INTERSTATE POWER COMPANIES INC IMPORT SPROCKETS - REFUSE 138.71 10/08/2019 207628 JAY MALONE MOTORS HANDLE, MOULDING, NAME PLATE - PARKS 149.72 10/08/2019 207629 JEFF MEEHAN SALES INC. AUGUST SALES COMMISSIONS - CREEKSIDE 1,528.00 10/08/2019 207630 JEFFERSON FIRE & SAFETY INC FIRE SERVICE VELCRO NAME PATCH PPE 73.71 10/08/2019 207631 JOE'S SPORT SHOP YOUTH T-SHIRTS - 2019 FOOTBALL & SOCCER 2,124.00 10/08/2019 207632 JOHNSON BROTHERS LIQUOR CO. SEPTEMBER COST OF GOODS - LIQUOR STORE 3,725.76 10/08/2019 207633 JUUL CONTRACTING CO ELKS DR SE STREET DRAIN REPAIRS & OTHER 16,138.60 10/08/2019 207634 KAHL, DENNIS CUTTING WEEDS & GRASS - 990 ECHO 125.00 10/08/2019 207635 KERI'S CLEANING & HANDYMAN SERVICES 9/16-9/30 FIRE, CITY CTR, LIBRARY, SR DINE & LIQ 3,344.00 10/08/2019 207636 KODRU-MOONEY PLUG VALVE W/ GEAR & HW - WWTP 2,008.68 10/08/2019 207637 KWIKTRIP CONCESSION SUPPLIES - WATERPARK 266.00 10/08/2019 207638 L & P SUPPLY CO EQUIP REPAIRS & SUPPLIES - STREETS DEPT 328.55 10/08/2019 207639 L & S ELECTRIC, INC. MOTOR - WWTP 703.20 10/08/2019 207640 LISA SANDERS REFUND COMMUNITY EDUCATION FEE 25.00 10/08/2019 207641 LOCATORS & SUPPLIES RAIN PAINTS & JACKETS - PUBLIC WORKS 242.97 10/08/2019 207642 LOCHER BROTHERS INC SEPTEMBER COST OF GOODS - LIQUOR STORE 35,559.45 10/08/2019 207643 LOGIS NETWORK SERVICES THRU 8/24/19 6,967.25 10/08/2019 207644 MADDEN GALANTER HANSEN LLP LABOR RELATIONS SERVICES THRU 8/31/19 - POLICE 1,051.26 10/08/2019 207645 MARCO TECHNOLOGIES, LLC AUGUST COPIER RENTAL - VARIOUS CITY DEPTS 716.25 10/08/2019 207646 MARSHALL CONCRETE PRODUCTS KAMRATH STATUE: COBBLE, PAVE EDGING 1,313.81 10/08/2019 207647 MCLEOD COUNTY ABSTRACT & TITLE TRACT WITH OPEN ENCUMBRANCES 140.00 10/08/2019 207648 MCLEOD COUNTY AUDITOR -TREASURER 2ND HALF PROPERTY TAXES - ENTERPRISE CENTER 10,449.00 10/08/2019 207649 MEIER, CINDY UB refund for account: 3-275-7120-1-01 54.59 10/08/2019 207650 MENARDS HUTCHINSON REPAIR & MAINT SUPPLIES -VARIOUS DEPTS 1,718.95 10/08/2019 207651 MID-AMERICAN RESEARCH CHEMICAL RELEASE AGENT, DEGREASER, GREASE, ANTI -SEIZE 1,292.00 10/08/2019 207652 MINI BIFF 8/22 - 9/18 SHOOTING RANGE 78.54 10/08/2019 207653 MINNESOTA RURAL WATER ASSN J KENT & T GRATKE - OPERATOR EXPO 250.00 10/08/2019 207654 MINNESOTA RURAL WATER ASSN CITY ASSOCIATE MEMBERSHIP JUNE 2019 - 2020 250.00 10/08/2019 207655 MINNESOTA VALLEY TESTING LAB WWTP SAMPLE TESTING 778.80 10/08/2019 207656 MUELLER, GREG PILLAR PANEL MTG 8/28/19 - REIMB TIME/MILES 716.76 10/08/2019 1207657 1 NERO ENGINEERING LLC ISHADY RIDGE & DELAWARE LS, DITCH AERATION 1 10,611.20 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 9/24/19 - 10/08/19 Check Date Check Vendor Name Description Amount 10/08/2019 207658 NORTH AMERICAN SAFETY INC GLOVES - WWTP 216.45 10/08/2019 207659 NORTH CENTRAL LABORATORIES DESICCANT, CUPS- WWTP LAB SUPPLIES 150.90 10/08/2019 207660 NORTHERN BUSINESS PRODUCTS CUPS, TISSUES - CREEKSIDE & LIQUOR STORE 105.78 10/08/2019 207661 NORTHERN GREEN EXPO 2020 BOOTH - FINAL PYMT- CREEKSIDE 294.10 10/08/2019 207662 NORTHERN STATES SUPPLY INC EQUIPMENT PARTS- HATS 834.66 10/08/2019 207663 NUSS TRUCK & EQUIPMENT SPRINGS FOR CREEKSIDE SEMI 145.72 10/08/2019 207664 NUVERA SEPT PHONE SERVICES 5,579.17 10/08/2019 207665 OFFICE DEPOT MOVING TAPE - STREETS / PLATES - HATS 99.57 10/08/2019 207666 OFFICE OF MN IT SERVICES AUGUST SERVICES 175.24 10/08/2019 207667 OVERHEAD HOIST & CRANE SPECIALISTS 2019 INSPECTIONS - HOIST & TROLLEYS, PARTS 1,615.00 10/08/2019 207668 PAUSTIS WINE COMPANY SEPTEMBER COST OF GOODS - LIQUOR STORE 821.00 10/08/2019 207669 PELLINEN LAND SURVEYING SET MISSING PROPERTY CORNERS - 5TH AVE 370.00 10/08/2019 207670 PENMAC STAFFING SERVICES, INC. CREEKSIDE TEMP STAFFING 9/15 - 9/28/19 6,495.94 10/08/2019 207671 PHILLIPS WINE & SPIRITS SEPTEMBER COST OF GOODS - LIQUOR STORE 11,025.92 10/08/2019 207672 PIONEER MANUFACTURING CO MARKING PAINT- PARKS 2,281.50 10/08/2019 207673 POSTMASTER POSTAGE FOR UTILITY BILLS 1,500.00 10/08/2019 207674 PTM DOCUMENT SYSTEMS 1099 FORMS FOR 2019 YEAR-END - FINANCE 69.54 10/08/2019 207675 PURSE-A-NALITIES SIGN & AWNING GRANT - EDA 1,000.00 10/08/2019 207676 QUADE ELECTRIC CODE BOOK & BREAKERS - REC BUILDING 246.70 10/08/2019 207677 QUILL CORP CLEANING SUPPLIES - VARIOUS DEPTS 513.67 10/08/2019 207678 R&R EXCAVATING & RELIAFUNDS ESCROW 1_21319-02 PAY#2 - SOUTH GRADE ROAD PROJECT 1,121,353.12 10/08/2019 207679 RADWELL INTERNATIONAL, INC. REPAIR PARTS FOR CREEKSIDE BAGGING LINE 995.71 10/08/2019 207680 RAMY TURF PRODUCTS TUFF TURF MIX -CEMETERY 640.00 10/08/2019 207681 RAPIDS PROCESS EQUIPMENT INC INSPECT & REPAIR - WWTP ROOTS BLOWER 240.01 10/08/2019 207682 RBSCOTT EQUIPMENT REPAIR PARTS FOR CREEKSIDE COMPOST SCREENER 1,871.46 10/08/2019 207683 RECREONICS DPD POWDER- WATERPARK CHEMICALS 43.82 10/08/2019 207684 RED BULL DISTRIBUTION COMPANY, INC. SEPTEMBER COST OF GOODS - LIQUOR STORE 216.00 10/08/2019 207685 REINER ENTERPRISES INC 8/23 - 9/4 HAULING FOR CREEKSIDE 959.68 10/08/2019 207686 REVIER WELDING REPAIRS FOR STREETS & CREEKSIDE BAGGING LINE 541.80 10/08/2019 207687 RUNNING'S SUPPLY REPAIR & MAINT SUPPLIES - VARIOUS DEPTS 440.40 10/08/2019 207688 SAM'S TIRE SERVICE #412: NEW TIRES & LABOR - CEMETERY BOBCAT 450.00 10/08/2019 207689 SCHMELING, KAREN UB refund for account: 1-685-0400-2-03 4.70 10/08/2019 207690 SHI INTERNATIONAL CORP EP SMALL BUS EDITION & WINDOWS RENEWALS 5,147.00 10/08/2019 207691 SHORT-ELLIOT-HENDRICKSON, INC 7-MONTANA HAWK SYSTEM - THRU 8/31/19 5,406.00 10/08/2019 207692 SOIL CONTROL LAB CREEKSIDE COMPOST TESTING SERVICES 1,047.00 10/08/2019 207693 SORENSEN APPRAISALS INC EDA APPRAISALS - HOMES BY OLD MEDICAL BLDG 2,000.00 10/08/2019 207694 SOUTHERN WINE & SPIRITS OF MN SEPTEMBER COST OF GOODS - LIQUOR STORE 5,284.14 10/08/2019 207695 SPRING LAKE ENGINEERING SCADASUPPORTSERVICES -WWTP 9,487.19 10/08/2019 207696 SRF CONSULTING GROUP SOUTH GRADE ROAD: SERVICES THRU 8/31/19 22,509.98 10/08/2019 207697 STANDARD PRINTING-N-MAILING SEPT UTILITY BILLS & CITY MAILING SERVICES 1,709.75 10/08/2019 207698 STAPLES ADVANTAGE OFFICE SUPPLIES - CITY CENTER & CREEKSIDE 287.43 10/08/2019 207699 STAR TRIBUNE 10/6/19 - 1/5/20 SUBSCRIPTION - POLICE 126.36 10/08/2019 207700 STREICH TRUCKING CREEKSIDE FREIGHT TO VARIOUS LOCATIONS 8,170.00 10/08/2019 207701 SYSCO WESTERN MN CONCESSION SUPPLIES - WATERPARK & RECREATION 1,374.42 10/08/2019 207702 TASC November 2019 Flex Adm. Fees 96.90 10/08/2019 207703 TAYLOR, VERLA UB refund for account: 2-860-3420-2-01 16.30 10/08/2019 207704 THOMSON REUTERS-WEST AUGUST WEST INFO CHARGES - LEGAL 961.35 10/08/2019 207705 TITAN MACHINERY REPAIR OF STREETS LOADER & CREEKSIDE SCREENER 7,312.90 10/08/2019 207706 TRUGREEN AND ACTION PEST CONTROL FALL HERBICIDE, FERTILIZER & GRUB - CEMETERY 4,178.55 10/08/2019 207707 TWO-WAY COMMUNICATIONS INC REMOVAL/INSTALL RADIO IN NEW TRUCK #100 204.90 10/08/2019 207708 UNITED FARMERS COOP FUEL - HATS FUEL SYSTEM 35,182.87 10/08/2019 207709 URBAN HAIR STUDIO SIGN & AWNING GRANT - EDA 6,000.00 10/08/2019 207710 USA SAFETY SUPPLY CORPORATION RECHARGEABLE BATTERY PACK - WWTP 111.60 10/08/2019 207711 VERIZON CONNECT NWF, INC. AUGUST SERVICES - STREETS 94.75 10/08/2019 207712 VESSCO INC PUMPHEAD -WTP 290.82 10/08/2019 207713 VIKING BEER SEPTEMBER COST OF GOODS - LIQUOR STORE 14,750.15 10/08/2019 207714 VIKING COCA COLA SEPTEMBER COST OF GOODS - LIQUOR STORE 441.15 10/08/2019 207715 VINOCOPIA INC SEPTEMBER COST OF GOODS - LIQUOR STORE 748.15 10/08/2019 207716 WARD LAW OFFICE SIGN & AWNING GRANT - EDA 1,000.00 10/08/2019 207717 WASTE MANAGEMENT OF WI -MN 9/1- 9/15 RESIDENTIAL REFUSE DISPOSAL 4,630.56 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 9/24/19 - 10/08/19 Check Date Check Vendor Name Description Amount 10/08/2019 207718 WEST CENTRAL SHREDDING SHREDDING AT CITY CENTER & POLICE 50.00 10/08/2019 207719 WILSON'S NURSERY INC TREES 1,186.00 10/08/2019 207720 WINE COMPANY, THE SEPTEMBER COST OF GOODS - LIQUOR STORE 4,008.95 10/08/2019 207721 WM MUELLER & SONS FINE MIX - STREET REPAIR MATERIALS 1,800.90 10/08/2019 207722 WM MUELLER & SONS 1-51319-06 PAY #3 - TECHNOLOGY DRIVE 100% 111,971.17 10/08/2019 1207723 IZEP SALES AND SERVICE ZEP PRESERVE, ORANGE RESPONSE, CHERRY BO 1,186.91 10/08/2019 1207724 1 MOORE, ERIC REIMB: OPERATOR EXPO 125.00 Total - Check Disbursements: $ 2,734,188.40 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATE FROM 9/24/19 - 10/08/19 Check Date Check Vendor Name Description Amount 10/08/2019 207587 CROW RIVER GLASS INC. DOORLITE KIT W/ SAFETY GLASS - HATS & FIRE 620.00 Total - Check Disbursements: $ 620.00 HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Presentation of the 2019 National Community Survey Results Department: Administration LICENSE SECTION Meeting Date: 10/8/2019 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Communications, Requests Time Requested (Minutes): 20 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: This past summer the City conducted its 4th National Community Survey. Previous years were 2007, 2011 and 2015. Attached are 3 reports that summarize the results of the survey. The "Community Livability Report" is the main document that shares the results of the opinions & perceptions of the community. I'll be giving a summary report on the results at the meeting on Tuesday. BOARD ACTION REQUESTED: No Action Requested - Presentation Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Hutchinson, MN Community Livability Report 2019 NRC National Research Center Inc: 2955 Valmont Road Suite 300 Boulder, Colorado 80301 n-r-c.com 9 303-444-7863 1CMA Leaders at the Core of Better Communities 777 North Capitol Street NE Suite 500 Washington, DC 20002 icma.org 9 800-745-8780 Contents About..............................................................................................1 Quality of Life in Hutchinson.............................................................2 Community Characteristics...............................................................3 Governance..................................................................................... 5 Participation....................................................................................7 SpecialTopics..................................................................................9 Conclusions...................................................................................12 Charter Members The National Community Survey- AAN& © 2001-2019 National Research Center, Inc. TMnsearencv The NCSTM is presented by NRC in collaboration with ICMA. Initiative NRC is a charter member of the AAPOR Transparency Initiative, providing AMERICAN ASSOCIATION FOR PUBLIC OPINION RESEARCH clear disclosure of our sound and ethical survey research practices. About The National Community SurveyTM (The NCSTM) report is about the "livability" of Hutchinson. The phrase "livable community' is used here to evoke a place that is not simply habitable, but that is desirable. It is not only where people do live, but where they want to live. Great communities are partnerships of the government, private sector, community -based organizations and residents, all geographically connected. The NCS captures residents' opinions within the three pillars of a community (Community Characteristics, Governance and Participation) across eight central facets of community (Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment and Community Engagement). The Community Livability Report provides the opinions of a representative sample of 540 residents of the City of Hutchinson. The margin of error around any reported percentage is 4% for all respondents. The full description of methods used to garner these opinions can be found in the Technical Appendices provided under separate cover. Quality of Life in Hutchinson Overall Quality of Life Excellent Most residents (84%) rated the quality of life in Hutchinson as excellent 26% or good. This rating was similar to the national benchmark (see Appendix B of the Technical Appendices provided under separate Poor cover). Z% Shown below are the eight facets of community. The color of each Fair14% \- Good community facet summarizes how residents rated it across the three 58% sections of the survey that represent the pillars of a community — Community Characteristics, Governance and Participation. When most ratings across the three pillars were higher than the benchmark, the color for that facet is the darkest shade; when most ratings were lower than the benchmark, the color is the lightest shade. A mix of ratings (higher and lower than the benchmark) results in a color between the extremes. In addition to a summary of ratings, the image below includes one or more stars to indicate which community facets were the most important focus areas for the community. As in 2015, residents identified Safety and Economy as priorities for the Hutchinson community in the coming two years. Ratings for all eight facets of community livability were positive and similar to other communities across the nation. This overview of the key aspects of community quality provides a quick summary of where residents see exceptionally strong performance and where performance offers the greatest opportunity for improvement. Linking quality to importance offers community members and leaders a view into the characteristics of the community that matter most and that seem to be working best. Details that support these findings are contained in the remainder of this Livability Report, starting with the ratings for Community Characteristics, Governance and Participation and ending with results for Hutchinson's unique questions. Legend Higher than national benchmark Similar to national benchmark Lower than national benchmark Most important 2 Community Characteristics What makes a community /ivab/e, attractive and a place where people want to be? Overall quality of community life represents the natural ambience, services and amenities that make for an attractive community. How residents rate their overall quality of life is an indicator of the overall health of a community. In the case of Hutchinson, go% rated the city as an excellent or good place to live. Respondents' ratings of Hutchinson as a place to live were similar to ratings in other communities across the nation. In addition to rating the city as a place to live, respondents rated several aspects of community quality. About 9 in 10 residents favorably rated the overall appearance of Hutchinson, while 8 in 10 residents gave high marks to their neighborhood as a place to live and the city as a place to raise children. At least two-thirds of residents positively reviewed the overall image or reputation of Hutchinson and the city as a place to retire and these ratings increased in 2019 (see the Trends over Time report provided under separate cover for more details). These ratings were on par with national averages. Delving deeper into Community Characteristics, survey respondents rated over 40 features of the community within the eight facets of Community Livability. Overall, at least 6 in 10 respondents positively scored a majority of the aspects of Community Characteristics; ratings tended to be similar to the national benchmarks. As a highlight within Community Characteristics, assessments of availability of paths and walking trails and ease of travel by bicycle and by walking were especially strong and higher than the national average, with at least three- quarters of residents giving high marks. Respondents' ratings for many aspects improved from 2015 to 2019, with most increases concentrated within Economy, Education and Enrichment and Community Engagement. Areas with the Place to Live highest increases (more than 10 percentage points) included Excellent public parking, new development in Hutchinson, public 33% places, overall economic health, availability of affordable quality food, K-12 education and the openness and Poor acceptance of the community toward people of diverse backgrounds. or Fair, Residents' ratings for shopping opportunities were lower 9% than those observed in other communities and declined in Good 2019. 56% Percent rating positively (e.g., excellent/good) Comparison to national benchmark ■ Higher ■ Similar ■ Lower Overall image Neighborhood Place to raise children Place to retire Overall appearance The National Community SurveyTM Figure 1: Aspects of Community Characteristics Percent rating positively SAFETY (e,9, exceiient/good, Overall feeling of safety very/somewhat safe) Safe in neighborhood Safe downtown/commercial area MOBILITY Comparison to national Overall ease of travel benchmark Paths and walking trails Ease of walking ■Higher Travel by bicycle Travel by public transportation ■Similar Travel by car Lower Public parking Traffic flow NATURAL ENVIRONMENT Overall natural environment Cleanliness Air quality BUILT ENVIRONMENT Overall built environment New development in Hutchinson Affordable quality housing Housing options Public places ECONOMY Overall economic health Vibrant downtown/commercial area Business and services Cost of I ivi ng Shopping opportunities Employment opportunities Place to visit Place to work RECREATION AND WELLNESS Health and wellness Mental health care Preventive health services Health care Food Recreational opportunities Fitness opportunities EDUCATION AND ENRICHMENT Education and enrichment opportunities Religious or spiritual events and activities Cultural/arts/music activities Adult education K-12 education Child care/preschool COMMUNITY ENGAGEMENT Social events and activities Neighborliness Openness and acceptance Opportunities to participate in community matters Opportunities to volunteer 4 Governance How well does the government of Hutchinson meet the needs and expectations of its residents? The overall quality of the services provided by Hutchinson as well as the manner in which these services are provided is a key component of how residents rate their quality of life. About three-quarters of residents gave favorable evaluations to the overall quality of services provided by the City, while 4 in io were pleased with the services provided by the Federal Government. Both of these evaluations were similar to those observed elsewhere and improved from 2015 to 2019. Survey respondents also rated various aspects of Hutchinson's leadership and governance. About three-quarters of respondents gave excellent or good ratings to the overall customer service provided by the City. Roughly 6 in to residents gave positive reviews to all other aspects of government performance. These ratings were similar to those given in other communities and all were scored higher in 2019 compared to 2015. Respondents evaluated over 30 individual services and amenities available in Hutchinson. Broadly, at least 6 in io respondents reviewed most government services positively and ratings tended to be similar to those observed in other benchmark communities. The highest -rated services included police, fire, ambulance/EMS, yard waste pick- up, sewer services, power utility and City parks, with about 9 in io residents assigning positive scores and each being on par with averages nationwide. Evaluations of street lighting were strong and higher than the national benchmark, with about 8 in io community members giving favorable reviews. Over half of the services provided by Hutchinson received improved scores from survey participants in Overall Quality of City Services 2019, with recreation centers or facilities showing the greatest gains (17%) in ratings between survey administrations. Excellent Respondents were less pleased with assessments of street repair (26% 180/0 excellent or good), which was lower than the national benchmark. ift Ratings for street repair declined from 2015 to 2019. Poor 2% Good 60% Fair 20% Percent rating positively (e.g., excellent/good) Comparison to national benchmark ■ Higher Similar Lower Value of Overall Welcoming Confidence Acting in the Being honest Treating all Customer Services services for direction resident in City best interest residents service provided by taxes paid involvement government of fairly the Federal Hutchinson Government The National Community SurveyTM Figure 2: Aspects of Governance Percent rating positively SAFETY (e.g., excellent/good) Police Fire Ambulance/EMS Comparison to national Crime prevention benchmark Fire prevention ■ Higher Animal control Emergency preparedness Similar MOBILITY Traffic enforcement Lower Street repair Street cleaning Street lighting Snow removal Sidewalk maintenance Traffic signal timing Bus or transit services NATURAL ENVIRONMENT Garbage collection Recycling Yard waste pick-up Drinking water Natural areas preservation Open space BUILT ENVIRONMENT Storm drainage Sewer services Power utility Utility billing Land use, planning and zoning Code enforcement Cable television ECONOMY Economic development RECREATION AND WELLNESS City parks Recreation programs Recreation centers Health services EDUCATION AND ENRICHMENT Public libraries Special events COMMUNITY ENGAGEMENT Public information 0 Participation Are the residents of Hutchinson connected to the community and each other? An engaged community harnesses its most valuable resource, its residents. The connections and trust among residents, government, businesses and other organizations help to create a sense of community, a shared sense of membership, belonging and history. Similar to other communities in the U.S., about 6 in io respondents gave excellent or good scores to the sense of community in Hutchinson. More than 8 in 10 survey respondents indicated they would recommend living in Hutchinson to someone who asked and planned to remain in the community for the next five years. About 4 in io residents reported they had contacted Hutchinson employees. These ratings were similar to those reported across the nation. The survey included over 3o activities and behaviors for which respondents indicated how often they participated in or performed each, if at all. Levels of Participation varied widely across the different facets, making the benchmark comparisons, as well as comparisons to Hutchinson over time, useful for interpreting the results. About 9 in io respondents had recycled at home, purchased goods or services in the city, or talked to or visited with a neighbor. Residents' reported rates of working in the city and participating in religious or spiritual activities were higher in Hutchinson than in other comparison communities nationwide. In 2019, residents were more likely to have made efforts to make their home more energy efficient, used Hutchinson Sense of Community recreation centers or to believe the local economy would have a positive impact on their income. Excellent 19% Poor 9% Fair-/ 31% Good Compared to municipalities across the country, fewer Hutchinson 42% residents reported stocking supplies in preparation for an emergency, using public transportation instead of driving or campaigning for an issue, cause or candidate. In 2019, fewer residents read or watched local news than in 2015. Percent rating positively Comparison to national (e.g., very/somewhat likely, benchmark yes) ■ Higher Similar Lower 87% 88% !!4% Recommend Remain in Contacted Hutchinson Hutchinson Hutchinson employees 7 The National Community SurveyTM Figure 3: Aspects of Participation Percent rating positively SAFETY (e.g., yes, more than Stocked supplies for an emergency once a month, always/sometimes) Did NOT report a crime Was NOT the victim of a crime Comparison to national MOBILITY benchmark Used public transportation instead of driving ■ Higher Carpooled instead of driving alone Similar Walked or biked instead of driving NATURAL ENVIRONMENT Lower Conserved water Made home more energy efficient Recycled at home BUILT ENVIRONMENT Did NOT observe a code violation NOT under housing cost stress ECONOMY Purchased goods or services in Hutchinson Economy will have positive impact on income Work in Hutchinson RECREATION AND WELLNESS Used Hutchinson recreation centers Visited a City park Ate 5 portions of fruits and vegetables Participated in moderate or vigorous physical activity In very good to excellent health EDUCATION AND ENRICHMENT Used Hutchinson public libraries Participated in religious or spiritual activities Attended a City -sponsored event COMMUNITY ENGAGEMENT Campaigned for an issue, cause or candidate Contacted Hutchinson elected officials Volunteered Participated in a club Talked to or visited with neighbors Done a favor for a neighbor Attended a local public meeting Watched a local public meeting Read or watched local news Voted in local elections 0 Special Topics The City of Hutchinson included three questions of special interest on The NCS, with topics related to recreational facilities and City streets. Residents indicated whether they supported or opposed a renewal of the 1/2 cent sales tax to make improvements and upgrades to City recreational facilities. About three-quarters or residents strongly or somewhat supported the renewal, while only 1 in io strongly opposed it. Figure 4: Support to Fund Improvements to City Recreational Facilities The City's %2 cent sales tax currently helps pay debt requirements for the water and wastewater plants and generates about $1.3 million a year in revenue. It is set to expire in 2026 when the debt is paid off. How much would you support or oppose a voter approved renewal of the %2 cent sales tax after it expires to make improvements and upgrades to city -owned recreational facilities (Rec Center, Burich Arena, athletic fields, etc.)? Strongly support 45% Stron Somewhat support 30% iat oppose oppose 14% 11% The National Community SurveyTM Community members rated the importance of funding street repair and maintenance in Hutchinson. About 8 in io residents reported it was essential or very important to put additional funding toward street repair and maintenance, while 2 in io felt it was somewhat important. Only 1% of residents indicated it was not at all important. Figure 5: Importance of Funding Street Repair and Maintenance On the Ci" prior surveys, ratings of street repair have consistently been lower when compared to other communities across the nation. How important, if at all, do you think it is that the City put additional funding toward street repair and maintenance? Not i impo 1c Fsgential important 19% Very important 48% 10 The National Community SurveyTM Respondents reported whether they supported or opposed a property tax increase to fund fixing, repairing and upgrading city streets. About three quarters of residents strongly or somewhat supported a $250,000 tax increase, while 6 in io supported a $500,000 tax increase. Only 3 in 10 respondents supported a $1 million tax increase, with 4 in 10 strongly opposing it. Figure 6: Support to Fund Improvements to City Streets Currently, the City spends about $4 million a year on street repair and maintenance. In order to fund additional street repair and still maintain the current levels of all City -provided services and programs, additional tax revenue would be needed. How much ofa properly tax increase would you support or oppose if the revenue generated would be dedicated to fixing, repairing and upgrading city streets and its related infrastructure? A $250,000 tax increase (about an additional $32 per year in property taxes on a home valued at $160,000) A $500,000 tax increase (about an additional $63 per year in property taxes on a home valued at $160,000) A $1 million tax increase (about an additional $125 per year in property taxes on a home valued at $160,000) ■ Strongly support ■ Somewhat support ■ Somewhat oppose Strongly oppose 25% 15% 11 Conclusions Hutchinson continues to be a desirable place to live, with Safety as a feature that contributes to quality of life. At least 8 in 10 community members gave high marks to the overall quality of life in Hutchinson, the city and their neighborhood as a place to live, Hutchinson as a place to raise children and its overall appearance. In 2019, more residents gave positive scores to Hutchinson as a place to retire and its overall image or reputation than in 2015. More than 8 in 10 respondents were likely to recommend living in Hutchinson to someone who asked and planned to remain in Hutchinson for the next five years and about 6 in 10 residents favorably evaluated the sense of community in the city. As in 2015, residents indicated that Safety was an important focus area for the City to address in the coming years. About 9 in 10 survey participants positively rated the overall feeling of safety in Hutchinson, which was an increase from 2015. Almost all residents felt safe in their neighborhoods (97%) and in the downtown/commercial area (96%). Out of all City services, police, fire and ambulance/EMS were given some of the most positive reviews from community members. Assessments of police, crime prevention, emergency preparedness and animal control increased from 2015 to 2019. Residents are generally pleased with Mobility, but support improvements to City streets. About 8 in 10 residents positively assessed the overall ease of travel in Hutchinson. Ratings for ease of travel by bicycle and by walling, the availability of paths and walling trails, and street lighting were strong and higher than the national benchmarks, with at least three-quarters of respondents giving these high marks. More residents gave high scores to public parking, traffic enforcement, street lighting, snow removal, sidewalk maintenance and traffic signal timing in 2019 than in 2015. City streets continue to be viewed less favorably by residents in Hutchinson compared to communities nationwide. Assessments of street repair were rated positively by one -quarter of residents and declined from 2015 to 2oi9. About 8 in 10 participants felt it was essential or very important for the City to put additional funding toward street repair and maintenance. Additionally, about three-quarters of residents supported a $250,000 property tax increase dedicated to fixing, repairing and upgrading city streets and related infrastructure, while 6 in 10 supported a $500,000 tax increase for the same improvements. Hutchinson residents value Economy and emphasize its importance. As in 2015, survey participants highlighted the Economy as a priority for the City in the next two years. Similar to comparison communities, at least 6 in 10 residents positively rated the overall economic health of Hutchinson, the city as a place to visit and to work, and economic development. Many improvements were observed in Economy ratings in 2019, including increases in residents' scores for overall economic health, employment opportunities, Hutchinson as a place to visit and to work, economic development and new development in Hutchinson. Furthermore, residents in 2019 were more likely to believe the local economy would have a positive impact on their income. 12 Hutchinson, MN Dashboard Summary of Findings 2019 N RC National Resevch Center Inc: 2955 Valmont Road Suite 300 Boulder, Colorado 80301 n-r-c.com 9 303-444-7863 1CMA Leaders at the Core of Better Communities 777 North Capitol Street NE Suite 500 Washington, DC 20002 icma.org 9 800-745-8780 Summary The National Community SurveyTM (The NCSTM) is a collaborative effort between National Research Center, Inc. (NRC) and the International City/County Management Association (ICMA). The survey and its administration are standardized to assure high quality research methods and directly comparable results across The NCS communities. The NCS captures residents' opinions within the three pillars of a community (Community Characteristics, Governance and Participation) across eight central facets of community (Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment and Community Engagement). This report summarizes Hutchinson's performance in the eight facets of community livability with the "General" rating as a summary of results from the overarching questions not shown within any of the eight facets. The "Overall" represents the community pillar in its entirety (the eight facets and general). By summarizing resident ratings across the eight facets and three pillars of a livable community, a picture of Hutchinson's community livability emerges. Below, the color of each community facet summarizes how residents rated each of the pillars that support it — Community Characteristics, Governance and Participation. When most ratings were higher than the benchmark, the color is the darkest shade; when most ratings were lower than the benchmark, the color is the lightest shade. A mix of ratings (higher and lower than the benchmark) results in a color between the extremes. Overall, ratings for dimensions of livability tended to be positive and were similar to those given in other communities across the nation. re 1: Dashboard General Mobility Natural Environment Built Environment Economy Recreation and Wellness Education and Enrichment Community Engagement National Benchmark Higher Similar Lower Community Characteristics Governance Participation 1her Similar I Lower Higher I Similar I Lower Higher I Similar Lower 3 1 3 0 7 0 0 3 0 0 0 3 0 0 7 0 0 2 1 3 5 0 1 6 1 0 2 1 0 3 0 0 6 0 0 3 0 0 5 0 0 7 0 0 2 0 0 7 1 0 1 0 1 2 0 0 7 0 0 4 0 0 5 0 0 6 0 0 2 0 1 2 0 0 5 0 0 8 0 0 10 1 F C� C E O U 76 c O fo Z N C- C � 'u! n W O N In O rn 7 O 00 rl n l0 N O O_ S 00 7 01 M N M lO .-I M n n n N Y u C a) m y a) 0 O C c - > O >T O C C O a) E 1O ns m C a) a) c F O O u 4 u U a E +� a u c v �'� cv t c c °' n= >> 2 2 O - u 'j o n M a)-o a) c a) m O m o ) E a) u in o ' m a N C N a) O. `� VOl a) O C jp Y > S] ++ u "O a) u a, N r= C N �n =O p d E .6 u N a=.i O a) p ? u C t n 0 > O E ac Z u O a) a .- U a) a) Z N � U Z v_ O E M d Y z v U c > 'a>-+ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 0 'u! 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E °� pV a) t a) a V a)cl 0 E! a) o> u a) p c j E a) +' n u n u n a� V vO O +' C m E o C vpi u X c O n E O N O N '> C- C' p_ L C Vl C j a) o a) U a3 Vl L C 1V0 cl Vl O 10 u S] L V -p a3 L 10 u N L O 3 v � c U o o 'er C o o O cl u= o m T� 2 Y O O ate+ > L m .— .— "O a3 a3 —� C o 3;� E O� a) mn O O M M C. C. O +V+ O C. u �n a) a a) a a y—+ 01 N p m C M ~ m W i' > > C Q m D_ > D_ A A U a) d' O 0 c a) a) 'a>-+ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a) p D_ .--I lD 00 CO W n W n 00 lD 7 W N n N 01 n V1 N V1 M V1 In V1 W V1 l0 M W V1 Y a3 C a) m C N C a) x T i a) p- n a) E m ` Mo �n c O +4 p 0 U {) c i) a) C a) Y u O > a3 a) E N V1 N N C N p in C C C -o C O S] N O _u 01 a) u C L u L N N — C p _ > C a) o V EO U N 0 aL.+ a3 S] a) V WM O> O a) > O +L J = C a3 O a)c a) N a) 2 d VCL ) N O u C C C O m 01 c W a 2 �a) N O D_ n ID 7 M Vl In Ln ON LD M N 7 In l0 I, Ln N W N n 01 Ln M n 00 Ln M n LD N W LD LD .--1 LD Ln W M LD M n Vl LD 7 CDM n Ln ID 00 Ln Y a3 u C N [D y V 12 M N y 'C a) E Vl a) N y a) V M> y O C "O C M C_ i w N C C AV ++ .� y L C C E O Y> c a3 N �n C O V L� V a) C O C V V s+ t+' J CL p a) V Vl M �n a) 0V V jp Q E O a) U CO p o 0 0 N 0 O O aL+ O L C L a E N `� N a u O N C > V C N V Vl C a3 p 10 @ lL N p_'u Vl a.+ C +' L i+ C N E O 3 u a) Vl Vl C O a) _ ate+ N aL.+ ] 'C N t' V ns 3 O > _ C N a) .0 C m 01 j C. CL O d U d C N� a) a) M Q A j E a>+ O p N Z E L cl C m V _ ? U c-, O O V N a3 'V U O In E � ? O C. O O > II a MP Pup uol a aaa�a U ;uawyouu3 W uaw@5p5u lunwwo 3�i J Awouoo 3 ssau 21 Ipup uol4a:)nP3 3 M O Hutchinson, MN Trends over Time 2019 NRC National Research Center Inc: 2955 Valmont Road Suite 300 Boulder, Colorado 80301 n-r-c.com 9 303-444-7863 1CMA Leaders at the Core of Better Communities 777 North Capitol Street NE Suite 500 Washington, DC 20002 icma.org 9 800-745-8780 Summary The National Community SurveyTM (The NCSTM) is a collaborative effort between National Research Center, Inc. (NRC) and the International City/County Management Association (ICMA). The survey and its administration are standardized to assure high quality research methods and directly comparable results across The NCS communities. The NCS captures residents' opinions within the three pillars of a community (Community Characteristics, Governance and Participation) across eight central facets of community (Safety, Mobility, Natural Environment, Built Environment, Economy, Recreation and Wellness, Education and Enrichment and Community Engagement). This report discusses trends over time, comparing the 2oi9 ratings for the City of Hutchinson to its previous survey results in 2007, 2011 and 2015. Additional reports and technical appendices are available under separate cover. Trend data for Hutchinson represent important comparison data and should be examined for improvements or declines. Deviations from stable trends over time, especially, represent opportunities for understanding how local policies, programs or public information may have affected residents' opinions. Meaningful differences between survey years have been noted within the following tables as being "higher" or "lower" if the differences are greater than six percentage points between the 2015 and 2019 surveys, otherwise the comparisons between 2015 and 2oi9 are noted as being "similar." Additionally, benchmark comparisons for all survey years are presented for reference. Changes in the benchmark comparison over time can be impacted by various trends, including varying survey cycles for the individual communities that comprise the benchmarks, regional and national economic or other events, as well as emerging survey methodologies. Overall, ratings in Hutchinson for 2019 generally remained stable. Of the 134 items for which comparisons were available, 82 items were rated similarly in 2015 and 2019, three items showed a decrease in ratings and 49 showed an increase in ratings. Notable trends over time included the following: Among 52 total Community Characteristics ratings, residents assessed 19 aspects more positively in 2019 than in 2015 and only one decrease. Survey respondents felt more positively about the overall image or reputation of Hutchinson and the city as a place to retire. Areas with the highest increases (more than io percentage points) included public parking, new development in Hutchinson, public places, overall economic health, availability of affordable quality food, K-12 education and the openness and acceptance of the community toward people of diverse backgrounds. Fewer residents favorably rated shopping opportunities in 2019 compared to 2015. Over half of the Governance ratings increased since 2015. Evaluations of recreation centers or facilities and reviews of government performance (acting in the best interest of Hutchinson, being honest and treating all residents fairly) showed the greatest gains in ratings between survey administrations, each with positive increases of at least 15%. Scores for street repair were lower in 2019 than in 2015. Residents reported greater optimism about the local economy and were more likely to indicate they made efforts to make their home more energy efficient or used Hutchinson recreation centers in 2019. 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This service is one of the most popular services provided by the City and is a significant benefit, not only to residents, but to Creekside Soils. Leaves collected in the vacuums are shredded as they are loaded, which helps with the composting process. The service is to scheduled to start on Tuesday, October 15, 2019 (with the Monday garbage route) and continue for six (6) weeks. The last week is scheduled to begin Tuesday, November 19 and end with the Friday garbage route on Monday, November 25, 2019. As in previous years, we will be doing and inspection of routes after the season ends. We will notify property owners to remove any leaves they may still have in the street, giving them at least three days to comply. * We ask that residents make neat windrows against the curb, NO PILES! * We ask that residents keep parked vehicles out of the way during leaf vacuum season. * We ask that residents please keep children and pets away from the leaf vacuums. BOARD ACTION REQUESTED: No action, communication only. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: C City of Hutchinson Public Works Department Residential Leaf Vacuum Service Introduction The City of Hutchinson (City) believes it is in the best interest of the City's residents to perform residential leaf vacuum service in the fall of each year. Important components of the residential leaf vacuum service include regularly scheduled service on the day following regular garbage pickup, maintenance of leaf vacuum equipment, and disposing of leaves collected at Creekside Soils. The City will perform residential leaf vacuum service in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns. The City will generally use City employees and equipment for residential leaf vacuum services. Priority This service is classified as a Basic Service. Operations requiring necessary resources for Essential or Critical Services may result in deferral of this service. This document applies to City Ends Statements 5.1.1 and 5.1.4 as it applies to Public Works operations. Application This document is used as a guideline for residential leaf vacuum service. This document is intended to describe issues relating to this service that are of common concern to various stakeholders. This service applies to all residential properties within the City that have individual, residential garbage service. Industries, commercial properties or residential properties that do not receive individual residential garbage services are not eligible for this service. This service will be provided to individual residential garbage service customers, regardless of whether their property abuts a City, County, or State roadway or are on roadways under the jurisdiction of another government or private agency. Residents on roadways that are under construction will not be served until the base course of bituminous paving is completed. No service will be provided to unpaved roadways. Residents on private roadways not under the jurisdiction of a public agency may choose to be included or may opt out of the service, without compensation. Operators will provide service daily on the day after normal individual residential garbage service is provided. For example, if a resident's garbage is picked up on Monday, operators will be by to vacuum leaves on Tuesday. If a resident's garbage is picked up on Friday, operators will be by on Monday to vacuum leaves. Operators are regularly dispatched to areas outside the normal schedule, but each service area will be done the day following normal individual residential garbage service whenever possible. Other services may be ordered by the Public Works Manager, and there may be times when operators are dispatched to collect leaves from various publicly owned facilities. In order to ensure timely service to residents, operations at publicly owned facilities may be done during overnight or early morning hours. As part of normal street cleaning operations, leaf vacuum service may be used in areas that experience significant on -street parking, such as the downtown area, and may be provided during overnight or early morning hours. The Public Works Manager may authorize service to properties, other than those eligible, only if appropriate maintenance agreements are in place. Routine Leaf Vacuum Service A. Leaf Vacuums — Three leaf vacuums, one spare vacuum, and one or more street sweepers are typically operated when providing this service. Operators are instructed in the safe operation of the machinery and the appropriate operator -level maintenance required for safe and efficient use of the machinery. Maintenance of the leaf removal equipment will be a high priority during the leaf removal season, as all equipment is needed to maintain adequate service levels. B. Tractors — Three agricultural tractors are used to tow leaf vacuums. At least two tractors will be available every working day during the leaf removal season. Tractors for this service will generally be leased for the season, but City -owned tractors may also be dispatched for this service. Use of City -owned tractors, if available, will generally be limited to situations when an appropriate number of leased tractors are not available for use. 2 C. Schedule — The City will provide leaf vacuum service daily, rain or shine, on each work day between the beginning of the season and for six consecutive weeks, with the last day of service being the Monday of the week of Thanksgiving (for the Friday garbage service of the week ending the week prior to Thanksgiving). Services will generally be provided between the hours of 7:00 a.m. to 6:00 p.m. Only during severe weather or snow events will service cease. Leaf vacuums and/or street sweepers may be dispatched at any time, at the Public Works Manager's discretion, for general street cleaning operations during periods when residential service is not scheduled (e.g., in September or early October). If service is delayed because of necessary work related to Essential or Critical Services, normal operations will generally be resumed on the Tuesday (Monday garbage route) following the delay. D. Problem Areas — Operators shall exercise discretion to avoid properties or areas where, in their opinion, the provision of service would be detrimental to the safety of the public or operators, or be potentially hazardous to machinery. Potential problems may include vehicles parked in a manner that does not allow the vacuum to access the curb and gutter, leaves that are not located within the gutter next to the curb, windrows containing deleterious material, or any other identified problem that could negatively affect the provision of service. When problem areas are identified, operators will report those areas to the Public Works Manager. The Public Works Manager will attempt to contact property owners to rectify any problems, with the goal of restoring service to the property or area the following week. If conditions negatively affecting provision of residential leaf vacuum service persist, operators will not provide service for identified properties or areas. Property owners may be charged separately for other services required to remove any leaves from the street surface. E. Disposal — Leaves will be disposed of at Creekside in areas designated by Creekside personnel. Areas identified for disposal will be of appropriate size to allow leaves to be dumped from trailers using the self-contained dumping apparatus integral to the leaf vacuum unit. Areas designated for dumping will also allow for adequate space so operators may inspect and clean equipment, as necessary, each time leaves are dumped. All operators will inspect their leaf vacuum and tractor at the dump site prior to returning to service the area they left. F. Routes — Routes will be established by the Public Works Manager. Routes will be devised to ensure all residential areas that receive regular garbage pickup on a given day are provided service the following day to the extent practicable. From time to time, the Public Works Manager may make minor modifications to routes to ensure efficient use of available resources. Residential properties will be serviced on their assigned days. Operators will regularly be dispatched to service properties outside of the daily service area, in order to catch up on an area that was missed the day before or to begin operations on the following day's route. However, all residential properties will be serviced on the day of their route, whenever possible. The Public Works Manager may dispatch leaf vacuum(s) to any public facility at any time it is deemed necessary, provided daily residential service requirements are met and providing the service is in the best interest of the City. G. End ofRoute Procedures — Once routes have been completed, operators will perform cleaning, routine maintenance and inspections of all equipment to determine if there are any obvious maintenance issues. Once equipment has been determined to be ready for the following day's routes, operators will be assigned to other work, as directed. Operators will inform supervisors of their availability for other work once end -of -route procedures are completed. H. End of Season Procedures — Approximately one week after the season has ended, operators will be dispatched to inspect routes. At each resident still having a windrow of leaves, a notice to remove leaves will be posted. Notices provided will identify that the season has ended and will give a time period of at least 3 days for leaves to be removed from the street. Following the time period indicated on the notice, operators will again inspect and identify any homes with windrows. Once each property has been identified, the City may vacuum remaining windrows and divide the costs of providing this service evenly. These amounts will be reported to the Finance Department, who shall determine the charges made to each property. Training The City will provide operators with training opportunities on a regular basis to ensure operators are aware of best practices for operation, inspection, maintenance and proficient use of equipment necessary for providing this service. Weather Conditions Leaf vacuum operations are generally conducted in all weather conditions do not endanger the safety of the public, employees or equipment. Weather conditions that could delay operations may include prolonged temperatures below 20' F., flooding, heavy rain, snow and severe wind. 0 Documentation The City will document services performed under this policy. These records will not identify specific activities conducted at specific properties, but will identify the general location and nature of services performed. Areas serviced will generally be documented by indicating a route was completed. Operators are encouraged to notate and/or identify any specific, unique situations on route maps and report them to the Public Works Manager. Operators will report, as soon as possible, any issue that may potentially result in the inability to complete a scheduled route to the Public Works Manager. Operators will note whether the issue is of routine nature, relates to equipment malfunctions, or is a potential safety issue. As necessary, routes and schedules may be modified by the Public Works Manager to account for any inability to complete a scheduled route. City of Hutchinson - Residential Leaf Vacuum Service 2019 SEASON PRESS RELEASE Leaves will be vacuumed from your street the day after your garbage is picked up, beginning Tuesday, October 15. The program ends Monday, November 25 OR when significant snow arrives, whichever comes first. Vacuums may be in your area at other times, but will return on the designated day. Monday garbage pickup = Tuesday leaf pickup 10/15, 10/22, 10/29, 11/5, 11/12, 11/19 Tuesday garbage pickup = Wednesday leaf pickup 10/16, 10/23, 10/30, 11/6, 11/13, 11/20 Wednesday garbage pickup = Thursday leaf pickup 10/17, 10/24, 10/31, 11/7, 11/14, 11/21 Thursday garbage pickup = Friday leaf pickup 10/18, 10/25, 11/1, 11/8, 11/15, 11/22 Friday garbage pickup = Monday leaf pickup 10/21, 10/28, 11/4, 11/11, 11/18, 11/25 Leaves WILL NOT be vacuumed if there are vehicles prohibiting the tractor drawn vacuums from safely reaching the leaves. Please DO NOT rake leaves into the street until the day of your garbage service. LEAVES ONLY — To make sure the equipment stays running, please do not rake anything other than leaves onto street curbs. If items other than leaves are placed, service will not be provided until the items are removed. Please DO rake leaves into neat rows along the edge of the curb. Residential services are provided by tractor drawn vacuums, so it's necessary to keep leaves back from corners to allow for turning. Residents on roadways that are under construction will not be served until the base course of bituminous paving is completed. No service will be provided to unpaved roadways. Residents may use their organic cart or take leaves to Creekside at no cost. For more information: Visit the City's website: http://www.ci.hutchinson.mn.us/leafvacuumserv.html Contact Public Works at (320) 234-4219, or email information(a)ci.hutch inson.mn.us. HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Ordinance No. 19-806 & 19-807 - Amending Chapters 111 and 123 Department: Administration/Legal LICENSE SECTION Meeting Date: 10/8/2019 Application Complete N/A Contact: Matt Jaunich/Marc Sebora Agenda Item Type: Presenter: Matt Jaunich/Marc Sebora Reviewed by Staff ✓❑ Unfinished Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: We have had several conversations over the past couple of weeks regarding the food vendor and transient merchant ordinances. The ordinances have been tabled at the last couple of meetings for either revisions to the ordinances and/or for additional information. At the last council meeting, staff was directed to reach out to other communities to get feedback on how they are handling food vendor licensing. Staff was able to get some feedback from other communities and have put together a memo with those results (which has been included). Staff has also provided an article from the Chaska Herald that touches on how city regulations vary by city. Staff is asking the council to consider a first reading of these ordinances. BOARD ACTION REQUESTED: Approve/Deny First Reading of Ordinance No. 19-806 and 19-807. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Office of the City Administrator 111 Hassan Street SF Hutchinson, NIN 55350-2522 320-234-4241/Fax 320-234-4240 Memo To: Mayor Forcier and City Council Members From: Matt Jaunich, City Administrator Date: 10/3/19 Re: Food Vendor Ordinance Feedback from other Communities At the last city council meeting when discussion took place on proposed revisions to our Food Vendor Ordinance, the Council directed me to get feedback from other communities on their Food Vendor Ordinance or lack thereof Specifically I was asked to see how those cities are "doing" that don't require a city license for food vendors and to ask those cities that do require a permit, why do you require one? I went out and sought feedback from the League of MN Cities Member Link for City Administrators and Clerks and from those city managers connected with the Minnesota City/County Management Association. I asked the following questions: "So for those cities that do require a license, is there is a specific reason that you have required one? How is the process going? Would you do anything different? For those cities that don't require a license, why not? Do you have any other requirements of food carts/vehicles within an ordinance? Are you experiencing any issues with not requiring a license or are you considering requiring one? Unfortunately, I received very little feedback. Below are the responses I did receive. City of Albert Lea (Pop: 18,016) The city of Albert Lea requires a fee and charges $250 for an annual Mobile Food Vendor License or $25 per day. The City Administrator noted that this year they did something new to encourage more food vendors. They assigned six different locations throughout the community where the food trucks may park from 11:00 a.m. to 8:00 p.m., seven days a week if they choose. The City provided the vendors with a colorful map as they came in to get licensed. She noted that this has gone over quite well. They also amended their ordinance in recent history to cover all safety aspects, i.e., parking, garbage, signage, noise levels of generators, electricity, insurance requirements, etc. The City Administrator noted that allowing food trucks on City property can be a risk and stated that a clearly stated ordinance seemed necessary. City of Mountain Lake (2,104) The city of Mountain Lake currently does not have an ordinance in place, but they are looking at adopting one. The City Administrator noted that they have not had any issues with mobile food units, but that they are trying to be proactive before they have an issue. He noted that this past summer may have been their first where they had one parked by one of their city parks selling food. He noted that the noise from their generator was noticeable but there were no complaints. The draft ordinance they are reviewing will just be pertaining to mobile food units that are on public streets or public property. He noted that they are not going to regulate anything on a private business (such as a business that wants to have a food cart in their parking lot over lunch) along with their annual city celebration. City of Montgomery (2,956) The city of Montgomery currently does not have an ordinance in place. The City Administrator has been asked by a couple of business owners and the local committee that puts on an annual festival to license them, but the City has not pursued anything at this time. He noted that their rational for asking was to prevent the vendors from taking business away from other vendors during the festival (the group charges a fee to participate) and from local businesses. The City Administrator wasn't sure if they would be interested in licensing because they don't know what the purpose of doing so would be outside of maybe regulating location and time of operation. City of Morris (5,286) The city of Morris does not license them mainly due to the fact that until recent history, they haven't had them. The City Administrator noted that this past year was the first time they experience having food vendors in town. The City has received some questions about them from a couple of local restaurant owners. The Administrator noted that the local restaurant owners think the City should stop them or charge them a big license fee since they have buildings and have to pay taxes and the food vendors don't. The Administrator noted that they don't license restaurants either. The Administrator noted that he doesn't see them implementing anything since the people like them. City of Annandale (3,228) The city of Annandale handles food vendors like a peddler. The City Administrator noted that they don't currently have a specific food truck ordinance, but for their license they only require their Minnesota Department of Health (MDH) license and fee paid ($50/day) in order to be licensed. The Administrator noted that they look at this from two perspectives, first, they want to license them to be able to ensure they have proper MDH licensing (She noted that it was surprising what some people will do and that they did shut someone down for selling hotdogs out of their trunk at an event a few years ago). And secondly, it looks like they want to ensure they are doing something to protect those that own a building. She noted that the $50/day is significantly cheaper than having a building that is paying taxes and utilities. She also noted that they don't think the fee should be set to equalize this issue and that it was set to cover the costs of issuing and enforcement. City of Princeton (4,698) The City Clerk in Princeton noted that the food vendor license was a hot topic in the community at one point when they had an issue with an ice cream truck selling product in a parking lot 2 around the corner from an ice cream shop. She noted that Princeton somewhat falls in the middle of things. They require a license and pay a fee if they are selling on public property, but if they are selling on private property, they just request that they fill out the paperwork so they have the necessary contact information, health department license, etc. In looking at the responses and the research I've done on other cities, every city is unique when it comes to a food vendor ordinance. I don't think there is a "smoking gun" on why one city requires a license and another doesn't. They have their own reason on why and do so for what they feel is in the best interest for their community. I've also included an article from the Chaska Herald that highlights the fast differences from community to community and why certain communities do what they do. I'm not sure if this will make things easier for you, but I'm hoping that this sheds some light on the difference that exist from community to community. Let me know if you need anything else. Matt 10/2/2019 Food trucks: Regulations vary by city I Chaska I swnewsmedia.com Chaska tr1 Vote Now for Best of the Best 20191 h ttps:llwww.swnewsmedla.com/ch aska_herald/food-trucks-regulatio ns-vary-by-city/article_520172 a4-12ce-5252-8715-997a62b54674.html Food trucks: Regulations vary by city Victoria Cooney Sep 28, 2017 1 of 9 AC06 t' �I_ A line forms outside the Arcane kitchen food truck during Taste of Chaska in May. guy Now. File photo by Mark W. Olson N othing in Amanda Erickson's life has worked out more smoothly than the business tucked away inside a jade green 1951 Chevrolet panel truck dappled with bare patches and rust: I Look 5o Good Smoothies. Her passion for smoothies runs deep. Deep enough for it to be considered an obsession — albeit, a healthy one. once her Vitamix blender starts whirring, Erickson can hearwhether the recipe is off by a single strawberry or peach slice. And having a food truck lets her share that obsession one high -protein, low -sugar smoothie at a time at farmers markets and special events across the west metro. https:llwww.swnewsmedia.aomlchaska_heraldlfood-trucks-regulations-vary-by-citylarticle_5201 T2a4-12ce-5252-8715-997a62b54674.html 16 101212019 Food trucks: Regulations vary by city I Chaska I swnewsmedia.com "It's been better than I ever expected. Everyone's been really receptive," Erickson said, reflecting on her first season in business as she sipped water from a cheery plastic pineapple. "It was just meant to be" But it's also taken a lot of hard work that goes beyond what people may realize after ordering a 'Tropic Like It's Hot" or "Nobody Likes Shady Beaches." Food trucks are convenient in a lot of ways — hence their popularity. They're compact, yet contain everything needed to prepare and serve a limited menu. They're also portable, so you can actively travel to your customer base. But owners can't just camp out on a street corner and catch a lunch crowd. Food trucks are guided by a litany of rules and regulations that dictate where they are allowed, when and under what conditions. And it varies both from city to city and from year to year. "These regulations for food trucks change all the time," said jess Jenkins, executive director of the Minnesota Food Truck Association. "Where and when and which days all vary from city to city." For Chaska, food trucks pay the city $40 a year per location in order to operate. To obtain a city license, the truck must abide by all state food requirements, according to Susan Prather in the city s Administrative Services Department. Additionally, its operation must be approved by the Chaska City Council through a resolution. There is one food truck that operates out of the parking lot of Cooper's Foods, called Tacos Y Tamales Oaxaquenos. Trucks that operate like that must obtain a letter from the owner of the property stating they can sell food on it and present that to the council, Prather added. In some places, like Wayzata and Savage, food trucks are only allowed during special events, when catering a private function or if invited by the city, https:llwww.swnewsmodia.comlohaska_heraidlfood-trucks-regulations-vary-by-citylarticle_520172a4-12ce-5252-8715-997a62b54674.htmi 215 101212019 Food trucks: Regulations vary by city I Chaska I swnewsmedia.com Other cities offer longer -term permits, but may limit the number of days a food truck can work at any given location. In Eden Prairie and Shakopee, food trucks can't operate in the same place for more than 21 days each year, though Eden Prairie has an exception for mobile food units run by a local brick -and -mortar business. Some cities require local licenses in addition to the ones issued by the Minnesota Department of Health and Hennepin County —which cover everything needed to ensure that food trucks can prepare and serve food safely, Jenkins said. Others have different types of permits. R Savage special event permit costs $250. In Minnetonka, the charge for a one -day special event is $80, while a mobile food vendor's license costs $490. Shakopee doesn't charge for temporary permits but has a $50 annual fee. In Jordan, food trucks are only required to pay $25 per visit, or $200 for a year, Eden Prairie only requires a M©H or Hennepin County license. It adds up, so food truck operators may choose where to work based on which licenses they want to pay for and how they overlap. "It's so ... complicated and people don't realize it," said Ricky Tollefson, of the Tollefson Family Grill Food Truck, which cooks up pork products from the family's southern Minnesota farm. "People see a food truck at an event and think, 'Oh, I want to run a food truck,' but there's a lot to it." The Tollefsons' food truck can be found in Eagan, Waconia, Minneapolis, Bloomington and, sometimes, Excelsior. Usually the grill is set up at farmers markets near the stall where the Tollefson family sells pork chops, sausages, roasts, bacon and burgers to cook up at home. Having the food truck lets chef Gary Lotzer begin cooking right as they pull in and cleanup is easier than on a free-standing grill, But it takes a lot of work to navigate city requirements and licenses and insurance alone can cost $10,000 each year, Tollefson said. Local requirements can be very specific, beyond the "when" and "where" of food operation. Jordan's ordinance forbids food trucks from drawing attention by "crying out, blowing a horn, ringing a bell or by any loud or unusual noise, or by use of any amplifying device." Minnetonka has a similar, if slightly less descriptive, provision that bars noisemakers, sound amplification and flashing lights. Minnetonka also requires all signage to be attached to the vehicle and holds the food -truck operator responsible for any litter or garbage related to its business, httpsllwww.swnewsmedia.com/chaska_heraId/food-trucks-re gulations-vary-by-City/article_520172a4-12ce-5252.8715-997a62b54674. html 315 10/212019 Food trucks: Regulations vary by city I Chaska I swnewsmedia.com Local differences have grown more pronounced during the past two years, as more cities have adopted food -truck regulations to meet local needs and concerns, Jenkins said. But many cities have yet to establish food -truck ordinances. Long Lake and Prior Lake don't have any because the volume of food trucks has never increased to the point it requires regulation. "If we started seeing more food trucks popping up, that would be the time to have the conversation and asking what that would look like for Prior Lake. We don't really want to look for a solution without a problem. But at the same time, we want to be ready should things beef up a bit," said Assistant City Manager Lori Olson. Chanhassen doesn't have an ordinance because the city simply doesn't allow food trucks, unless they're catering a special event on private property or requested to visit a business to give its employees more lunch options — a trend that has been getting more popular in parts of the metro where large office buildings aren't near restaurants, Jenkins said. Some cities decide to keep food trucks out -- or tightly define their freedom to operate — to protect local restaurants, Jenkins said. Restaurants and food trucks offer very different dining experiences, however, making it unlikely that someone planning to eat in a restaurant would change their plans after seeing a food truck, she said. Even if it was permitted, it's unlikely that food trucks would benefit from setting up at a street corner to serve lunch in a suburban area the same way they might in Minneapolis or St. Paul. The volume of people in any given location just isn't high enough outside festivals, farmers markets and corporate lunches, Jenkins said. Florence Aymard of the Crepe and Cake food truck began selling crepes from her food truck in 2015, after testing out the concept with samples from a table at the Maple Grove Farmers Market. During the summer, she usually works two events a day, including farmers markets, corporate lunches and events. Business usually slows slightly with the State Fair, and then begins to taper with the start of school. In the winter, things wind down even more, though she still does events, or sets up a table at the occasional winter market. Aymard doesn't mind, however, given how much she works the rest of the year. "It's very fun. I am my own boss ... I can organize my life myself," Aymard said. "And it brings happiness to people." Tim Roets, owner of Roets Jordan Brewery Co., loves having food trucks at his brewery on weekends. "It's a great partnership. It's part of what people want to see when they come to a craft brewery," he said. "It's almost like having a band, because a band brings people in. The food trucks work exactly the same; there's a crowd that follows. It's really very cool We certainly do see a spike in business when there's a food truck." Food trucks aren't cheap, or easy to operate, but start-up costs are still usually less than opening a brick -and -mortar restaurant — which means that they can serve as a good starting point for prospective restaurateurs. That's the dream for Miguel Urrutia of EI Jefe Mexican Cuisine, a food truck based out of Prior Lake, but he hasn't found the right location for a small bistro yet. https://www.swnewsmedia.ccm/chaSka—herald/food-trucks-regulations-vary-by-city/article_520172a4-12ce-5252-8715-997a62b 54674. html 4/5 1 0/2/2019 Food trucks: Regulations vary by city I Chaska I swnewsmedia.com Urrutia began his foray into food trucks several years ago, when he started selling homemade chips and salsa at the Prior Lake Farmers Market. Soon, he got a trailer, so he could offer a wider range of food. Then, he exchanged the trailer for a food truck, which allows Urrutia to serve up his creations at breweries and special events as well as the Prior Lake Farmers Market. He has served as many as 300 people in a four-hour window and can go through 100 to 200 burritos at the farmers market. During the winter, when his salsa isn't available for sale at the farmers market, he gets special requests from loyal regulars. "My father owned a restaurant in Mexico. It's all I've been doing my entire life. I love what I do," he said. Erickson also wants her own brick -and -mortar store eventually, a shift that would allow her to serve a wider range of items, including more smoothie options and fresh juices (wheatgrass-turmeric-carrot juice, anyone?). Time working from the food truck would let her test out different flavors, establish her brand and build a customer base, beforehand, she said. "Or maybe I'll keep doing this because I love it," she said. Alex Chhith contributed to this report. Victoria Cooney Enterprise reporter Tory Cooney is an enterprise reporter with a love of features writing. She is vivacious, resourceful and enjoys cooking, quilting, snowshoeing and Post -it -notes. hUps :llwww.swnewsmedia.corn/chaska_heraldlfood-trucks-regulations-vary-by-city/article_520172a4-12ce-5252-8715-997a62b54674.htm1 5/5 ORDINANCE 19-806 AN ORDINANCE AMENDING CHAPTER 111 — PEDDLERS AND SOLICITORS The City Council hereby ordains: 111.01 DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PEDDLER. Any person, whether a resident of the city or not, who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale or making sales and delivering articles to purchasers. It does not include vendors who distribute products to regular customers on regular established routes. SOLICITOR. Any person, whether a resident of the city or not, who goes from house to house, from place to place, or from street to street, in person or by telephone, soliciting or taking or attempting to take orders for sale of goods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he or she is collecting advance payments on such orders. Such definition includes any person who, for himself or herself, or for another person, firm or corporation, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop or other place within the city for the primary purpose of exhibiting samples and taking orders for future delivery. It does not include vendors who distribute products to or take orders from regular customers on regular established routes or display products or take orders at invited in -home demonstrations. TRANSIENT MERCHANT. Any person, firm or corporation, whether as owner, agent, consignee or employee whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, lodging house, apartments, shops or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. Such definition does not include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The sale of farm or garden products, whether or not sold by the person producing the same, shall be included within the definition set forth above; provided, however, that, the City Council may exempt such farm and garden products from the chapter as are sold at a duly organized and authorized farmer's market. (2004 Code, § 111.01) (Ord. 89-14, passed 6-1-1990; Ord. 03-340, passed - -2003) § 111.02 LICENSE REQUIRED. (A) It is unlawful for any peddler, solicitor or transient merchant to engage in any business within the city without first obtaining a license therefor from the city. It is unlawful for any solicitor to engage in any business within the city without first registering his or her business information with the city. Business information shall include: (1) Name of owner/agent of company performing solicitation; (2) Company address; (3) Contact phone number of owner/agent; (4) List of all employee names who will be performing solicitation on behalf of company; (5) Estimated time frame when solicitation will occur; (6) Products being solicited; and (7) Other cities solicitation has occurred. (B) Where licensing is referenced throughout the remainder of this chapter, it shall refer to peddlers and transient merchants only (2004 Code, § 111.02) (Ord. 89-14, passed 6-1-1990; Ord. 03-340, passed - -2003; Ord. 13-718, passed 9-24-2013) Penalty, see § 10.99 111.03 Types of license An applicant may apply for the following_types of license: (A) Annual License — an annual license for the activities contained in this chapter may be issued for the duration of a calendar year at a fee set by the City Council as part of the ci . 's fee schedule. The fee shall not be prorated. (B)Temporary License - a license for the activities contained in this chapter may be issued for a period of up to three consecutive days at a fee set by the City Council as part of the city's fee schedule. A maximum of four temporary licenses per calendar year will be issued to the same aDDlicant or for the same location. (C Multi -vendor Sponsored Event License — a license for events hosted by an individual or entity that will have three or more transient merchants and/or food vendors as defined under chapter 123 of this code in attendance. This license will not be issued to the same applicant or for the same location more than four times in a calendar year and is limited to a spee fie date each license is limited to a period of up to three consecutive days. It shall be the responsibili . of the sponsor of the event to provide all of the information required under this chapter for all transient merchants attending the sponsored event. The fee for this license shall be set by the City Council as part of the city's fee schedule. § 111.43 04 EXEMPTIONS This chapter does not include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newsboys, nor to the acts of merchants or their employees in delivery goods in the regular course of business. Nor shall the provisions of this chapter be applied to the acts of persons selling or displaying personal property, goods or wares to merchants or their employees for use in the merchant's business or sale upon consignment by the merchant. Additionally, multi -vendor events that are held at the Hutchinson Event Center, McLeod County Fairgrounds, Hutchinson Mall or are sponsored by the Chamber of Commerce ara ler +he Httte inner Ma4 are exempt. Nothing contained in this chapter prohibits any sale required by statute or by order of any court, or prevents any person conducting a bona fide auction sale pursuant to law. (2004 Code, § 111.03) (Ord. 89-14, passed 6-1-1990; Ord. 03-340, passed - -2003) § 111.,04 05 APPLICATION. (A) Applicants for a license under this chapter shall file with the City Administrator a sworn application in writing on a form to be furnished by the City Administrator. (B) The application shall give the following information: (1) Name and physical description of applicant; (2) Complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made; (3) A brief description of the nature of the business and the goods to be sold; (4) The name and address of the employer, principal or supplier of the applicant, together with credentials therefrom establishing the exact relationship; (5) The length of time for which the right to do business is desired; (6) The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time said application is filed, and the proposed method of delivery; (7) The names of at least two property owners of the county who will certify as to the applicant's good character and business respectability or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; (8) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any city code provision, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor; (9) The last municipalities, not to exceed three, where applicant carried on business immediately preceding date of application and the addresses from which such business was conducted in those municipalities; and (10) At the time of filing the application, a license/investigation fee adopted by ordinance of the Council shall be paid to the City Administrator to cover the cost of investigation of the facts stated therein. (2004 Code, § 111.04) (Ord. 89-14, passed 6-1-1990; Ord. 03-340, passed - -2003) § 111.05 06 RELIGIOUS AND CHARITABLE ORGANIZATIONS; EXEMPTION. The provisions of this chapter shall not apply to any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business buildings, by house to house canvass or in public places for a charitable, religious, patriotic or philanthropic purpose. (2004 Code, § 111.05) (Ord. 89-14, passed 6-1-1990; Ord. 03-340, passed - -2003) § 111.,06 07 INVESTIGATION AND ISSUANCE. (A) Upon receipt of each application, it shall be referred to the Chief of Police, who shall immediately institute such investigation of the applicant's business and moral character as he or she deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this chapter within seven days after it has been filed by the applicant with the City Administrator. (B) As a result of such investigation, the Chief of Police shall endorse his or her approval or disapproval on such application and his or her reasons for the same and return the application to the City Administrator, who, after consideringthe he application and results of the police investigation, may_ administratively_ issue tempo,., ..y ,liens,., all licenses under this chapter. date of the applieation. (C) If the City Administrator of C;etmeil shall reject such application, the City Administrator shall notify the applicant that his or her application is disapproved and that no license will be issued. The City Administrator may deny a license application for any of the reasons contained in Section 111.13 of this ordinance and the applicant may appeal the city administrator's decision in the manner contained in that same section. If the City Administrator the r;,.,,,, :' shall approve such application, the City Administrator shall deliver to the applicant his or her license. Such license shall contain the signature of the issuing officer and shall show the name and address of the licensee, the class of license issued and the kinds of goods to be sold thereunder, the date of issuance and the length of time, not to exceed one year from the date of issuance that the same shall be operative, as well as the license number. Each peddler, solicitor or transient merchant must secure a personal license. No license shall be used at any time by any person other than the one to whom it is issued. The City Administrator shall keep a permanent record of all licenses issued. (2004 Code, § 111.06) (Ord. 89-14, passed 6-1-1990; Ord. 03-340, passed - -2003) § 111.07 08 LOUD NOISES AND SPEAKING DEVICES. No licensee, nor any person in his or her behalf, shall shout, cry out, blow a horn, ring a bell or use any sound amplifying device upon any of the streets, alleys, parks or other public places of the city or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. (2004 Code, § 111.07) (Ord. 89-14, passed 6-1-1990; Ord. 03-340, passed - -2003) Penalty, see § 10.99 § 111.49 09 USE OF STREETS. (A) No licensee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location in the public streets or public right-of-way, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. (B) For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. (2004 Code, § 111.08) (Ord. 92-52, passed 2-25-1992; Ord. 03-340, passed - -2003) Penalty, see § 10.99 § 111.09 10 EXHIBITION OF LICENSE. Licensees are required to exhibit their license at the request of any citizen. (2004 Code, § 111.09) (Ord. 92-52, passed 2-25-1992; Ord. 03-340, passed - -2003) § 111.4-0 11 DUTY OF POLICE TO ENFORCE. It shall be the duty of the police to require any person seen peddling, soliciting or canvassing and who is not known by such officer to have obtained a license hereunder to produce his or her license and to enforce the provisions of this chapter against any person found to be violating the same. (2004 Code, § I11.10) (Ord. 92-52, passed 2-25-1992; Ord. 03-340, passed - -2003) § 111.44 12 RECORDS. The Chief of Police shall report to the City Administrator all convictions for violation of this chapter and the City Administrator shall maintain a record for each license issued and record the reports of violation therein. (2004 Code, § I11.11) (Ord. 92-52, passed 2-25-1992; Ord. 03-340, passed - -2003) § 111.42 13 DENIAL AND REVOCATION OF LICENSE. (A) Licenses applied for or issued under the provisions of this chapter may be denied or revoked by the Council after notice and hearing, for any of the following causes: (1) Fraud, misrepresentation or incorrect statement contained in the application for license; (2) Fraud, misrepresentation or incorrect statement made in the course of carrying on his or her business as solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor; (3) Any violation of this section; (4) Conviction of any crime or misdemeanor; and (5) Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant or itinerant vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to health, safety or general welfare of the public. (B) Notice of the hearing for the denial or revocation of a license shall be given by the City Administrator in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his or her last known address at least five days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing. (2004 Code, § I11.12) (Ord. 92-52, passed 2-25-1992; Ord. 03-340, passed - -2003) § 11 L-14 14 REAPPLICATION. No licensee whose license has been revoked shall make further application until at least six months have elapsed since the last previous revocation. (2004 Code, § I11.13) (Ord. 92-52, passed 2-25-1992; Ord. 03-340, passed - -2003) § 111.4-4 15 EXPIRATION OF LICENSE. (A) All annual licenses issued under the provisions of this chapter shall expire at midnight on December 31 in the year when issued. (B) Other than annual, licenses shall expire at midnight on the date specified in the license. § 111.16 Community Festivals. The City Council retains the authority to determine what types of licensing, if any, are required of the sponsors of recognized community festivals. (2004 Code, § 111.14) (Ord. 92-52, passed 2-25-1992; Ord. W3-340, passed - -2003) Adopted by the City Council this Gary T. Forcier, Mayor day of 2019. Attest: Matthew Jaunich, City Administrator ORDINANCE 19-807 AN ORDINANCE AMENDING CHAPTER 123 — FOOD VENDORS The City Council hereby ordains: 123.01 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MOBILE FOOD CART. A non -motorized cart from which prepackaged or ready -to -eat foods are sold to the public. MOBILE FOOD VEHICLE. A self-contained vehicle or trailer used to prepare and serve food or ice cream novelties that is readily movable without disassembling. TEMPORARY FOOD STAND. A food and beverage service establishment that is disassembled and moved from location to location which operates no more than 21 days in the same location (2004 Code, § 123.01) (Ord. 13-0704, passed 3-26-2013) § 123.02 LICENSE REQUIRED. It is unlawful for any person to engage in the business of selling items from a mobile food cart or food vehicle in the city without having obtained the proper license therefor, except as stated herein. (2004 Code, § 123.02) (Ord. 13-0704, passed 3-26-2013) Penalty, see § 123.99 § 123.03 TYPES OF LICENSE. (A) Annual License — an annual license for the activities contained in this chapter may be issued for the duration of a calendar year at a fee set by the City Council as part of the ci . 's fee schedule. The fee shall not be prorated. (B)Temporary License - a license for the activities contained in this chapter may be issued for a ��ro�e period of up to three consecutive days at a fee set by the City Council as part of the city's fee schedule. A maximum of four temporary licenses per calendar .j ear will be issued to the same applicant or for the same location. Multi -vendor Sponsored Event License — a license for events hosted by an individual or entity that will have three or more food vendors and/or transient merchants as defined in chapter 111 of this code in attendance. This license may be issued for a 2ro 1� period of up to three consecutive days and may be issued up to four times per calendar year per applicant. It shall be the responsibility of the sponsor of the event to provide all of the information required under this chapter for all transient merchants attendingthe he sponsored event. The fee for this license shall be set by the City Council as part of the city's fee schedule. This license will not be issued to the same applicant or for the same location more than four times in a calendar year. § 123. 04 EXEMPTIONS. Multi -vendor events that are held at the Hutchinson Event Center. McLeod C Fairgrounds, Hutchinson Mall or are sponsored by the Chamber of Commerce are exempt from the requirements of this ordinance. Additionally, any person may sell or peddle the products of the farm or garden that they occLiRy and cultivate without obtaining a license therefor. (2004 Code, § 111.03) (Ord. 89-14, passed 6-1-1990; Ord. 03-340, passed - -2003) § 123.43 05 REQUIREMENTS. (A) All persons applying for a mobile food cart or food vehicle license shall first have obtained all proper licenses from the state and submit copies of said licenses to the city for review during license application process. (B) All mebile f9ed e&4 licensees under this chapter conducting activities on city owned or controlled property shall be properly insured naming the city as an additional insured for liability imposed by law arising out of the ownership, maintenance or operation of such cart or vehicle in amounts of at least $50,000 for the injury or death of one person, $100,000 for the injury or death of two or more persons and $10,000 for damage to property. (C) Licensees shall have a waste receptacle available to patrons and are responsible for all litter and waste generated by the food cart or food vehicle operation. No tables or chairs for customer use are permitted. (D) All signage, other than one sandwich board sign as permitted through the Planning Department shall be affixed to the food cart or food vehicle only. Use of sandwich board signs by licensees shall be subject to the requirements of this chapter. (E) All mobile food carts or food vehicles shall prominently display all relevant state and local licenses and permits. (F) In areas where parking spaces are delineated, no food vehicle shall occupy more than two parking spaces and shall otherwise comply with all parking regulations. (2004 Code, § 123.03) (Ord. 13-0704, passed 3-26-2013) Penalty, see § 123.99 § 123.06 INVESTIGATION AND ISSUANCE. (A)Upon receipt of each application, it shall be referred to the Chief of Police, who shall immediately institute such investigation of the applicant's business and moral character as he or she deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this chapter within seven days after it has been filed b, t�pplicant with the City Administrator. (B) As a result of such investigation, the Chief of Police shall endorse his or her approval or disapproval on such application and his or her reasons for the same and return the application to the City Administrator, who, after considering the application and results of the police investigation, may administratively issue tempefaf lice ses all licenses under this chapter. date of the (C If the City Administrator ^ shall reject such application, the City Administrator shall notify the applicant that his or her application is disapproved and that no license will be issued. 44ie City "ar inistrater may deny a heense applieationfor- any of the . If the City Administrator or the Council shall approve such application, the City Administrator shall deliver to the applicant his or her license. Such license shall contain the signature of the issuing officer and shall show the name and address of the licensee, the class of license issued and t e= Reeds to be sold then-o,,, & the date of issuance and the length of time, not to exceed one Ye from the date of issuance that the same shall be operative, as well as the license number. peddle-senciterof t ansient mef:ehant fmist seettr-ea i3ef:senal lieense. No license shall be used at any time by any person other than the one to whom it is issued. The City Administrator shall keep a permanent record of all licenses issued. (D) An applicant whose license application has been denied by the city administrator magppeal the denial by requesting a hearing before the city council as set forth in § 123.07. § 123.94 07 RESTRICTIONS It is unlawful for any mobile food eat4 ^r food .,ehiele licensee under this chapter to engage in the following activities: (A) To operate within 100 feet of a restaurant that is open for service without the written consent of the restaurant owner or operator; (B) To operate a food cart within 500 feet of any festival, fair or civic event, except when authorized to do so by the event sponsor in writing; (C) To operate on public property or adjacent parking lots where a concession stand is open and operating; (D) To operate in violation of nuisance statutes or ordinances; (E) To operate on any public parking lot, trail or public sidewalk within four feet of the curb or roadway; (F) To operate in such a way as to impede normal traffic flow; (G) To permit smoking within 15 feet of the food cart or food vehicle; (H) To operate within five feet of any crosswalk, access ramp, disabled parking space or in a manner that would impede access to any adjacent business; (I) To sell or distribute alcoholic beverages; and/or (J) To disobey any order of the City Police Department. (2004 Code, § 123.04) (Ord. 13-0704, passed 3-26-2013) Penalty, see § 123.99 § 123.08 DENIAL AND OR REVOCATION OF LICENSE AND HEARING. (A) Licenses applied for or issued under the provisions of this chapter may be denied or revoked by the Council after notice and , hearin for or any of the following causes: (1) Fraud, misrepresentation or incorrect statement contained in the application for license, or in the case of a license denial, submitting an incomplete application, Fraud. misrepresentation or incorrect statement made in the course of carrying on his or her business as solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor: (3) Any violation of this section, (4) Conviction of any crime or misdemeanor, and (B) Notice of the hearing for the denial or revocation of a license shall be given by the City Administrator in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his or her last known address at least five days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing. (2004 Code, § 111.12) (Ord. 92-52, passed 2-25-1992, Ord. 03-340, passed - -2003) § 123.09 REAPPLICATION. No licensee whose license has been revoked shall make further application until at least six months have elapsed since the last previous revocation. (2004 Code, § 111.13) (Ord. 92-52, passed 2-25-1992, Ord. 03-340, passed - -200D § 123.09 EXPIRATION OF LICENSE. (A) All annual licenses issued under the provisions of this chapter shall expire at midnight on December 31 in the year when issued. (B) Other than annual, licenses shall expire at midnight on the date specified in the license. (2004 Code, § 111.14) (Ord. 92-52, passed 2-25-1992, Ord. W3-340, passed - -2003) § 123.10 Community Festivals. The City Council retains the authority to determine what types of licensing, if any, are required of the sponsors of recognized community festivals. § 123.99 PENALTY. Violations of any portion of this section are punishable as a misdemeanor and are grounds for the suspension or revocation of the mobile food cart license in accordance with § 110.03 of this code of ordinances. (2004 Code, § 123.99) (Ord. 13-0704, passed 3-26-2013) Adopted by the City Council this Gary T. Forcier, Mayor day of 2019. Attest: Matthew Jaunich, City Administrator HUTCHINSON CITY COUNCIL Cityaf A� L� Request for Board Action 7S Resolution Authorizing Issuance of $5,860,000 General Obligation Improvement and Agenda Item: Refunding Bonds, Series 2019A Department: Finance LICENSE SECTION Meeting Date: 10/8/2019 Application Complete Contact: Andy Reid Agenda Item Type: Presenter: Nick Anhut - Ehlers Reviewed by Staff Consent Agenda Time Requested (Minutes): 5 License Contingency iN, Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Nick Anhut, from Ehlers & Associates, will review the bids received for the 2019 bond issuance. The new debt, with a total par value of $5,860,000, will finance the 2019 improvement projects and refinance the 2009 Water and Sewer GO Revenue bonds. The 2019 improvement projects are as follows: 1) 5th Avenue South Reconstruction 2) South Grade Road Corridor Improvements 3) Technology Drive Construction The City's debt management plan has been updated for this debt issuance and the future projected debt levy graph can be found directly after this page. It's important to point out that the debt service payments will be funded by the existing debt levy and does not require a tax increase. The refinancing of the 2009 Water and Sewer GO revenue bonds is being done to take advantage of low interest rates. The maturities of these bonds will not be changed (Water 2/1/2029; Sewer 2/1/2025) and the lower interest rate will result in lower debt service payments through maturity, increasing the annual cash flow in those two funds. The City's Standard & Poors bond rating was reaffirmed at AA-, but a copy of the report was not available for inclusion with this agenda item. I will forward the report separately when it is received. BOARD ACTION REQUESTED: Consider and approve the issuance of $5,860,000 general obligation improvement and refunding bonds, series 2019A, by adopting resolution 15101. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: N/A Remaining Cost: $ 0.00 Funding Source: N/A Debt Management Plan $1,500,000 $500,000 $0 Projected Debt Tax Levy 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Existing Levy =Proposed Future Issues 2025 2026 2027 2028 2029 2030 2031 2032 2033 MEquipment —Target Levy Debt CERTIFICATION OF MINUTES RELATING TO $[5,860,000] GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2019A Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on October 8, 2019, at 5:30 o'clock p.m., in the Council Chambers at the Hutchinson City Center. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. 15101 RESOLUTION RELATING TO $[5,860,000] GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2019A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of October, 2019. (SEAL) Matt Jaunich City Administrator 4824-8524-4582\3 The City Administrator reported that [ ] ([_]) proposals for the purchase of the $[5,860,000] General Obligation Improvement and Refunding Bonds, Series 2019A were received prior to 10:00 A.M., Central Time today pursuant to the Preliminary Official Statement distributed to potential purchasers of the Bonds by Ehlers & Associates, Inc., municipal advisors to the City. The bids have been read and tabulated, and the terms of each have been determined to be as follows: (See Attached) 4824-8524-4582\3 Councilmember introduced the following resolution (the "Resolution") and moved its adoption, which motion was seconded by Councilmember RESOLUTION NO. 15101 RESOLUTION RELATING TO $[5,860,000] GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, SERIES 2019A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council (the "Council") of the City of Hutchinson, Minnesota (the "City"), as follows: SECTION 1. RECITALS. 1.01. Authorization. This Council has heretofore ordered various street improvement projects designated as the 2019 Infrastructure Improvement Program (together, the "Improvements"), to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429 (the "Act"). This Council hereby determines it to be in the best interests of the City to issue and sell $[5,860,000] principal amount of General Obligation Improvement and Refunding Bonds, Series 2019A, of the City (the "Bonds") to: (i) defray a portion of the expense incurred and estimated to be incurred by the City in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65; (ii) currently refund the February 1, 2021, through February 1, 2025, maturities (the "Series 2009 Refunded Bonds") of the City's $2,025,000 General Obligation Sewer Revenue Refunding Bonds, Series 2009A (the "Series 2009A Bonds"), dated, as originally issued, as of July 7, 2009; (iii) currently refund the February 1, 2024, through February 1, 2029, maturities (the "Series 2009B Refunded Bonds"; together with the Series 2009A Refunded Bonds, the "Refunded Bonds") of the City's $1,735,000 General Obligation Water Revenue Refunding Bonds, Series 2009B (the "Series 2009B Bonds"), dated, as originally issued, as of July 7, 2009; and (iv) fund the costs of issuance of the Bonds. The portion of the Bonds ($[ ]) being issued to finance the Improvements is referred to as the "Improvement Bonds" and is being issued pursuant to Minnesota Statutes, Chapters 429 and 475. The Series 2009A Bonds were issued for the purpose of (i) currently refunding certain of the City's $2,800,000 General Obligation Wastewater Treatment Revenue Bonds, Series 2000B, dated November 1, 2000, which financed the construction of various improvements to the City's wastewater treatment system (the "Wastewater System"), and (ii) currently refunding certain of the City's $850,000 General Obligation Sewer Revenue Bonds, Series 2002B, dated October 1, 2002, which financed improvements to the City's sanitary sewer system (the "Sanitary Sewer System"). 4824-8524-4582\3 The Series 2009B Bonds were issued for the purpose of currently refunding a portion of the City's $5,697,247 General Obligation Drinking Water Revolving Fund Loan, Series 2005, dated August 1, 2005, which financed improvements to the City's drinking water system (the "Water System," and together with the Wastewater System and the Sanitary Sewer System, the "System"). The improvements to the System refinanced by the Refunded Bonds are referred to herein as the "Utility Improvements." The Refunded Bonds will be redeemed on February 1, 2020 (the "Redemption Date"), and the principal and interest payments on the remaining Series 2009A Bonds and Series 2009B Bonds will be paid at maturity from the debt service funds for the respective series of bonds. The City anticipates substantial debt service savings to result from the refunding of the Refunded Bonds. The portion of the Bonds being issued to refund the Series 2009A Refunded Bonds ($[]) and to refund the Series 2009B Refunded Bonds ($[]) is referred to as the "Refunding Bonds" and is being issued pursuant to Minnesota Statutes, Chapters 444, 475, and Section 475.67. Maturity schedules for each portion of the Bonds are attached hereto as Schedule I. 1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent municipal advisor ("Ehlers"), to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the City by Ehlers, sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of [Purchaser], of [City], [State], [and associates] (the "Purchaser"), to purchase the Bonds at a price of $[�, the Bonds to bear interest at the rates set forth in Section 3.02. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Administrator are hereby authorized and directed to execute a contract on the part of the City with the Purchaser for the sale of the Bonds in accordance with the Terms of Proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. SECTION 2. FORM OF BONDS. The Bonds shall be prepared in substantially the form attached as Exhibit A hereto. SECTION 3. BOND TERMS, EXECUTION AND DELIVERY. 3.01. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota and City Charter to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the Council to 2 4824-8524-4582\3 establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 3.02. Maturities, Interest Rates, Denominations, Payment. The Bonds shall be originally dated as of the date of issuance thereof, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of original issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate 2021 2022 2023 2024 2025 2026 2027 2028 Year Amount Rate 2029 2030 2031 2032 2033 2034 2035 [REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar (as hereinafter defined), the principal amount thereof, shall be payable by check or draft issued by the Registrar; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 3.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 3.03. Dates, Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 3.07 and upon any subsequent transfer or exchange pursuant to Section 3.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable each February 1 and August 1, commencing August 1, 2020 (each such date, an "Interest Payment Date"), to the person in whose name the Bonds are registered on the Bond Register (as hereinafter defined) at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, 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. 3.04. Redemption. Bonds maturing in 2029 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in such order of maturity dates as the City may select and by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000 as to Bonds maturing on the same date, on February 1, 2028, and on any date thereafter, at a price equal to the principal amount thereof plus accrued interest to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published if and as required by law, and, at least thirty days prior to the 4824-8524-4582\3 designated redemption date, will cause notice of the call to be mailed by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the owner's address as it appears on the Bond Register maintained by the Registrar, 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 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 such 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. [COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS — ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] [Bonds maturing on February 1, 20 and 20 (the "Term Bonds") shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 3.04 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February I in each of the following years the following stated principal amounts of such Bonds: Term Bonds Maturing in 20 Sinking Fund Payment Date (final maturity) Aggregate Principal Amount Term Bonds Maturing in 20 Sinking Fund Payment Date (final maturity) Aggregate Principal Amount Notice of redemption shall be given as provided in the preceding paragraph.] 3.05. Appointment of Initial Re ig stray. The City hereby appoints Bond Trust Services Corporation in Roseville, Minnesota, as the initial bond registrar, transfer agent and paying agent (the "Registrar"). The Mayor and 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 the Registrar upon thirty 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. 4 4824-8524-4582\3 3.06. 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 for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon 4824-8524-4582\3 cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and City Administrator, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. 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. When the Bonds have been prepared, executed and authenticated, the City Administrator shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 3.08. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker -dealer, bank or other financial institution for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Representation Letter from the City to DTC. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. 6 4824-8524-4582\3 Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor, in the form presented to this Council with such changes, omissions, insertions and revisions as the Mayor shall deem advisable, is hereby authorized, and execution of the Representation Letter by the Mayor shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted 7 4824-8524-4582\3 transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. SECTION 4. SECURITY PROVISIONS. 4.01. General Obligation Improvement and Refunding Bonds, Series 2019A Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "General Obligation Improvement and Refunding Bonds, Series 2019A Construction Fund" (the "Construction Fund"), to be held and administered by the City Finance Director separate and apart from all other funds of the City. The City appropriates to the Construction Fund (a) the proceeds of the sale of the Improvement Bonds ($[]), representing the estimated costs of the Improvements ($[ ]) and costs of issuance of the Improvement Bonds ($[ ). The City Finance Director shall maintain the Construction Fund until payment of all costs and expenses incurred in connection with the construction of the Improvements have been paid. From the Construction Fund there shall be paid all costs and expenses related to the construction of the Improvements. After payment of all such costs and expenses, the Construction Fund shall be terminated. All funds on hand in the Construction Fund when terminated shall be credited to the Bond Fund described in Section 4.03 hereof, unless and except as such proceeds may be transferred to some other fund or account as to which the City has received from bond counsel an opinion that such other transfer is permitted by applicable laws and does not impair the exemption of interest on the Bonds from federal income taxes. In no event shall funds remain in the Project Fund later than November 5, 2024. 4.02. Refunding. Series 2009A Refunding. Proceeds of the Refunding Bonds in the amount of $[ shall be deposited in the sinking fund established for the Series 2009A Bonds to be applied to the redemption of the Series 2009A Refunded Bonds on the Redemption Date, and proceeds of the Refunding Bonds in the amount of $[ shall be used to pay costs of issuance of the portion of the Refunding Bonds that refund the Series 2009A Refunded Bonds (the "Series 2009A Refunding Bonds"). Series 2009B Refunding. Proceeds of the Refunding Bonds in the amount of $[ shall be deposited in the sinking fund established for the Series 2009B Bonds to be applied to the redemption of the Series 2009B Refunded Bonds on the Redemption Date, and proceeds of the Refunding Bonds in the amount of $[ shall be used to pay costs of issuance of the portion of the Refunding Bonds that refund the Series 2009B Refunded Bonds (the "Series 2009B Refunding Bonds"). 4.03. General Obligation Improvement and Refunding Bonds, Series 2019A Bond Fund. The Bonds shall be payable from a separate General Obligation Improvement and Refunding Bonds, Series 2019A Bond Fund (the "Bond Fund") of the City, which shall be created and 8 4824-8524-4582\3 maintained on the books of the City as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. Into the Bond Fund shall be paid: (a) any funds received from the Purchaser upon delivery of the Bonds in excess of the amounts specified in Sections 4.01 and 4.02 above; (b) System revenues pledged pursuant to Section 4.06 hereof, (c) all excess amounts on deposit in the respective debt service funds maintained for the payment of the Refunded Bonds upon the retirement of the Refunded Bonds on the Redemption Date; (d) any special assessments collected pursuant to Section 4.04 hereof, (e) any taxes collected pursuant to Section 4.05 hereof, and (f) any other funds appropriated by this Council for the payment of the Bonds. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one -twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account when the balance therein is sufficient, and the City covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional, statutory or charter limitation. 4.04. Levy of Special Assessments. For the payment of the cost of the Improvements financed by the Improvement Bonds, the City has levied special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20%) of the cost of the Improvements. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant 9 4824-8524-4582\3 and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. 4.05. Pleds4e of TaxingP. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which, together with the collections of other amounts as set forth in Section 4.03, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City, the taxes to be levied and collected in the following years and amounts: Lever Collection Years Amount See attached schedules The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies from other legally available funds, in accordance with the provisions of Minnesota Statutes, Section 475.61. 4.06. Pledge of Net Revenues. It is hereby found, determined and declared that the City owns and operates the System as a revenue producing utility and convenience and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other funds actually appropriated by the City, for the payment when due of the principal of and interest on the Refunding Bonds herein authorized, and on any other bonds to which such revenues are pledged. 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 holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. SECTION 6. REGISTRATION, CERTIFICATION OF PROCEEDINGS, INVESTMENT OF MONEYS, ARBITRAGE AND OFFICIAL STATEMENT. 6.01. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the 10 4824-8524-4582\3 Bonds have been entered on his bond register and that the tax required for the payment thereof has been levied and filed as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and Regulations promulgated thereunder (the "Regulations"), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Improvements and the Utility Improvements will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, use or other agreement with any non -governmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan bonds" within the meaning of Section 141 of the Code. 6.04. 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 a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b)(2) of the Regulations, stating the facts and estimates in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. 6.05. Arbitrage Rebate. The City acknowledges that the Bonds may be subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds (other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 6.06. Qualified Tax Exempt Obligations. For purposes of section 265(b)(3) of the Code, the City hereby acknowledges that: 11 4824-8524-4582\3 (i) the portion of the Bonds not in excess of the principal amount of the Series 2009A Refunded Bonds, $1,210,000, is deemed designated as a "qualified tax-exempt obligation." For such purposes, the City represents, in accordance with Section 265(b)(3)(D)(ii) and (iii) that the average maturity date of the Series 2009A Refunding Bonds, [3.291] years, is not greater than the remaining weighted average maturity of the Series 2009A Refunded Bonds, [3.322] years, and the Series 2009A Refunding Bonds have a final maturity date which is not later than the date which is 30 years after the date the original qualified tax-exempt obligation refunded by the Series 2009A Refunding Bonds was issued; (ii) the portion of the Bonds not in excess of the principal amount of the Series 2009B Refunded Bonds, $1,735,000, is deemed designated as a "qualified tax-exempt obligation." For such purposes, the City represents, in accordance with Section 265(b)(3)(D)(ii) and (iii) that the average maturity date of the Series 2009B Refunding Bonds, [6.736] years, is not greater than the remaining weighted average maturity of the Series 2009B Refunded Bonds, [6.879] years, and the Series 2009B Refunding Bonds have a final maturity date which is not later than the date which is 30 years after the date the original qualified tax-exempt obligation refunded by the Series 2009A Refunding Bonds was issued; and (iii) the remaining amount of the Bond issue, $[2,915,000], is designated as qualified tax- exempt obligations, and the Council hereby finds that the reasonably anticipated amount of tax- exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for the purpose of this representation) and are not otherwise excluded from calculation pursuant to the Code which will be issued by the City and all subordinate entities during calendar year 2019 does not exceed $10,000,000. 6.07. Official Statement. The Official Statement relating to the Bonds, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 6.08. Reimbursement. The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the financed facilities which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that a declaration of official intent shall not be required (i) with respect to certain de minimis expenditures, if any, with respect to the financed facilities meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to "preliminary expenditures" for the financed facilities as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds. SECTION 7. CONTINUING DISCLOSURE. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect 12 4824-8524-4582\3 and interpreted from time to time, the "Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, "Beneficial Owner" means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before twelve (12) months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2019, the following financial information and operating data in respect of the City (the "Disclosure Information"): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Current Property Valuations, Direct Debt, Tax Levies and Collections, US Census Data/Population Trend, and Employment/Unemployment Data, which information may be unaudited. 13 4824-8524-4582\3 Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board ("MSRB") through its Electronic Municipal Market Access System ("EMMA") or to the SEC. If the document incorporated by reference is a final official statement, it must be available from the MSRB. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect, provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each, a "Material Fact"): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or similar event of the obligated person; 14 4824-8524-4582\3 (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (0) Incurrence of a financial obligation of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders, if material; and (P) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the obligated person, any of which reflect financial difficulties. For purposes of the events identified in paragraphs (0) and (P) above, the term "financial obligation" means (i) a debt obligation; (ii) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. As used herein, for those events that must be reported if material, an event is "material" if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also "material" if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: 15 4824-8524-4582\3 (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term, Amendments, Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances 16 4824-8524-4582\3 applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 8. AUTHORIZATION OF PAYMENT OF CERTAIN COSTS OF ISSUANCE OF THE BONDS. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Old National Bank on the closing date for further distribution as directed by the City's municipal advisor, Ehlers & Associates, Inc. SECTION 9. REDEMPTION OF REFUNDED BONDS. The City Finance Director is hereby directed to advise Bond Trust Services Corporation, Roseville, Minnesota, as paying agent for the Refunded Bonds, to call the Refunded Bonds for redemption and prepayment on the Redemption Date, and to give thirty days' mailed Notice of Redemption, substantially in the form attached hereto, all in accordance with the provisions of the resolution authorizing the issuance of the Refunded Bonds. Mayor Attest: City Administrator 17 4824-8524-4582\3 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following Councilmembers voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. 18 4824-8524-4582\3 EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF McLEOD CITY OF HUTCHINSON GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BOND, SERIES 2019A R- 15101 Interest Rate REGISTERED OWNER: PRINCIPAL AMOUNT: Maturity Date February 1, 20 CEDE & CO. Date of Original Issue November 5, 2019 THOUSAND DOLLARS CUSIP No. THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date of original hereof specified above at the annual rate specified above computed on the basis of a 360-day year consisting of twelve 30-day months, payable on February 1 and August 1 in each year, commencing August 1, 2020, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft of Bond Trust Services Corporation, in Roseville, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the "Bond Registrar"), or its successor designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $[5,860,000] (the "Bonds"), all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued pursuant to a resolution adopted by the City Council on October 8, 2019 (the "Resolution") to pay the cost of construction of various street improvements in the City (the "Improvements") and currently refund certain general obligation bonds of the City, and is issued pursuant to and in full conformity with the provisions of the City Charter and Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429, 444, and 475 and Sections 475.67. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in the years 2029 and thereafter are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in the maturities selected by the City and by lot, assigned in proportion to their principal amount, within any maturity, on February 1, 2028 and on any A-1 4824-8524-4582\3 date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. [Bonds maturing on February 1, 20 are subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: Term Bonds Maturing in 20[ 1 Sinking Fund Aggregate Payment Date Principal Amount (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. The Bonds have been designated as "qualified tax-exempt obligations" pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has by the Resolution levied or agreed A-2 4824-8524-4582\3 to levy special assessments on property specially benefitted by the Improvements and covenanted and agreed to collect and apply to payment of the Bonds ad valorem taxes levied on all taxable property in the City and certain net revenues of its municipal water and sewer systems, which taxes, assessments and revenues are estimated to be collectible in years and amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the Bonds when due, and has appropriated such assessments, revenues, and taxes to its General Obligation Improvement and Refunding Bonds, Series 2019A Bond Fund for the payment of such principal and interest; that if necessary for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. 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 manual signature of the authorized representative of the Bond Registrar. A-3 4824-8524-4582\3 IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. CITY OF HUTCHINSON, MINNESOTA (Facsimile Signature - City Administrator) (Facsimile Signature — Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: BOND TRUST SERVICES CORPORATION, as Bond Registrar IM Authorized Representative A-4 4824-8524-4582\3 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA ................. as Custodian for .................. (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 does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's 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 enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Please insert social security or other identifying number of assignee: A-5 4824-8524-4582\3 Exhibit B PROJECTED TAX LEVIES AND ASSESSMENTS [TO COME] 4824-8524-4582\3 EXHIBIT C NOTICE OF REDEMPTION General Obligation Sewer Revenue Refunding Bonds, Series 2009A Dated July 7, 2009 City of Hutchinson, Minnesota NOTICE IS HEREBY GIVEN THAT there have been called for redemption and prepayment on February 1, 2020 all outstanding Bonds of the above referenced issue, maturing in the following years on the following dates and having the interest rates listed below: Maturity Amount 2/1/2021 $ 225,000 2/2/2022 230,000 2/l/2023 240,000 2/2/2024 250,000 2/l/2025 265,000 Rate CUSIP Number* 3.75% 448285 EU6 4.00 448285 EV4 4.00 448285 EW2 4.10 448285 EXO 4.20 448285 EY8 The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of the Bonds should present them for payment to Bond Trust Services Corporation, Roseville, Minnesota, on or before said date, when they will cease to bear interest, in the following manner: By Mail, Overnight Mail, or Courier Service, or In Person, By Hand: Bond Trust Services Corporation Attention: Bond Trust Services 3060 Centre Point Drive Roseville, Minnesota 55113 651-697-8500 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the Holders. Additional information may be obtained from the undersigned or from Ehlers & Associates, Inc., 3060 Centre Point Drive, Roseville, Minnesota 55113-1105 (651-697-8500), financial advisor to the City. Dated: 2019. BY ORDER OF THE CITY COUNCIL CITY OF HUTCHINSON, MINNESOTA By s/ City Finance Director *Denotes full call of CUSIP. 4824-8524-4582\3 EXHIBIT D NOTICE OF REDEMPTION General Obligation Water Revenue Refunding Bonds, Series 2009B Dated July 7, 2009 City of Hutchinson, Minnesota NOTICE IS HEREBY GIVEN THAT there have been called for redemption and prepayment on February 1, 2020 all outstanding Bonds of the above referenced issue, maturing in the following years on the following dates and having the interest rates listed below: Maturity Amount Rate CUSIP Number* 2/l/2024 215,000 4.05% 448285 FA9 2/2/2025 280,000 4.10 448285 FB7 2/l/2026 290,000 4.15 448285 FC5 2/2/2027 305,000 4.20 448285 FD3 2/l/2028 315,000 4.30 448285 FE1 2/l/2029 330,000 4.40 448285 FF8 The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of the Bonds should present them for payment to Bond Trust Services Corporation, Roseville, Minnesota, on or before said date, when they will cease to bear interest, in the following manner: By Mail, Overnight Mail, or Courier Service, or In Person, By Hand: Bond Trust Services Corporation Attention: Bond Trust Services 3060 Centre Point Drive Roseville, Minnesota 55113 651-697-8500 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the Holders. Additional information may be obtained from the undersigned or from Ehlers & Associates, Inc., 3060 Centre Point Drive, Roseville, Minnesota 55113-1105 (651-697-8500), financial advisor to the City. Dated: 2019. BY ORDER OF THE CITY COUNCIL CITY OF HUTCHINSON, MINNESOTA By s/ City Finance Director *Denotes full call of CUSIP. 4824-8524-4582\3 SCHEDULE I Maturity Schedule [to come] Year Improvement Bonds Current Ref 2009A Current Ref 2009B 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 TOTAL 4824-8524-4582\3 CERTIFICATE OF MCLEOD COUNTY AUDITOR AS TO REGISTRATION AND TAX LEVY I, the undersigned, being the duly qualified and acting County Auditor of McLeod County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution adopted October 8, 2019, by the City Council of the City of Hutchinson, Minnesota, setting forth the form and details of an issue of $[5,860,000] General Obligation Improvement and Refunding Bonds, Series 2019A, dated as of November 5, 2019, and levying taxes for the payment thereof. I further certify that the bond issue has been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal this day of , 2019. McLeod County Auditor (SEAL) 4824-8524-4582\3 HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Consider Purchase Agreement for the Property at 205 Washington Avenue East Department: Administration LICENSE SECTION Meeting Date: 10/8/2019 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: This item will be discussed at a close session prior to the council meeting. Assuming the Council is comfortable with the offer that has been made and the details of the offer, full disclosure of the agreement will be made available during prior to and during the regular meeting on Tuesday. If the council is not comfortable, this item will be pulled. Terms of the agreement and purchase price will be disclosed to the public prior to action by the Council BOARD ACTION REQUESTED: Approve/Deny Purchase Agreement for the Property at 205 Washington Avenue East (Econo Foods Building) Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Approval of MnDOT LRIP and LPP Grant Agreements - SGR Improvements Department: PW/Eng LICENSE SECTION Meeting Date: 10/8/2019 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: Per recent determinations and directives from MnDOT staff, the City is being asked to approve a Local Roadway Improvement Program (LRIP) grant agreement and associated resolution for funding ($600,000) allocated to the South Grade Road Corridor Improvements project. Also, to account for a discrepancy within the contractor's bid submittal that now has been reconciled by a project Change Order, our previously approved Local Partnership Project (LPP) grant agreement for this dedicated funding ($141,000) will most likely need to be amended or replaced. At this point, City staff hopes to have these documents finalized and available for the City Council's approval at your forthcoming meeting. BOARD ACTION REQUESTED: Approval of MnDOT LRIP and LPP Agreements/Amendments/Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL ci vof 0, a_ � Request for Board Action 79 M-W Agenda Item: Approval of City Alley #40 (VFW Location) Improvements - Purchase Order Department: PW/Eng LICENSE SECTION Meeting Date: 10/8/2019 Application Complete N/A Contact: Kent Exner/John Olson Agenda Item Type: Presenter: Kent Exner/John Olson Reviewed by Staff F1 New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: Recently, City staff has been engaged by representatives of the Veterans of Foreign Wars (VFW) Post 906 with respect to the possibility of improving the City alley immediately adjacent to their location (247 1 st Avenue SE). Thus, Engineering staff has designed a bituminous pavement/curbing improvement similar to other recent City alley projects and are currently soliciting construction quotations from area paving contractors (submittal deadline of 12:00 PM, Monday, October 7th). If City staff is successful in receiving a responsive and cost-effective quote, we believe that it would be in everyone's best interest to deliver this project this fall, now that the VFW has completed adjacent concrete pavement repair work. In regards to estimated costs and funding, we estimate the cost of this improvement to be approximately $63,000 and the VFW s cost participation to be approximately $24,000. Obviously, these amounts are subject to change based on the actual potential construction quote. Please note that this cost -sharing approach accounts for a 50:50 City:VFW split for frontage on both sides of the alley (west side properties will not be asked to participate or be assessed) and excludes the northerly end of the alley where paving already exists (City will absorb the costs of upgrading this section for consistency purposes). VFW representatives have communicated that they have the resources available to fund their share of this improvement, so no special assessments should be necessary to deliver this work in a timely manner. The City's share of funding this project is proposed to be allocated from the Infrastructure Maintenance Funds. At this point, City staff hopes to have the formal purchase order prepared and awaiting the City Council's approval at your forthcoming meeting. BOARD ACTION REQUESTED: Approval of Purchase Order Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 63,000.00 Total City Cost: $ 39,000.00 Funding Source: Infrastructure Maintenance Funds Remaining Cost: $ 24,000.00 Funding Source: VFW Cost -Sharing HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Calling a Special Meeting for 3.30 p.m. on October 29 at the Fairgrounds Department: Administration LICENSE SECTION Meeting Date: 10/8/2019 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: The McLeod County Board of Commissioners have invited the City Council to a meeting on Tuesday, October 29 from 3:30 p.m. to 5:30 p.m. at the McLeod County Fairgrounds - Commercial Building Meeting Room. McLeod County has invited all of the cities in the County to join the Board of Commissioners, Administration, and Department Heads to meet on local topics. At the meeting, they we will go over agenda items that affect all of McLeod County, while also learning more about current issues affecting our cities. They have asked us to submit our suggested agenda items ahead of time (by October 22). BOARD ACTION REQUESTED: Approval of calling a special council meeting for 3:30 p.m. on October 29 at the McLeod County Fairgrounds for a Meeting with the County Commissions and other Cities in McLeod County Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, August 28, 2019 Call to order — 3:00 p.m. President Don Martinez called the meeting to order. Members present: President Don Martinez; Vice President Matt Cheney; Secretary Robert Wendorff; Commissioner Monty Morrow; Commissioner Anthony Hanson; GM Jeremy Carter; Attorney Marc Sebora Conflict of Interest 2. Approve Consent Agenda a. Approve Minutes b. Ratify Payment of Bills Motion by Commissioner Wendorff, second by Commissioner Morrow to approve the Consent Agenda. Motion carried unanimously. 3. Approve Financial Statements GM Carter presented the Financial Statements. Electric Division Purchase Power was down relative to last year even though HUC purchased 9% more off the market due to Unit 8 being down. Usage was up slightly but revenue was still down due to a lower PCA. Overall tracking consistent. In the Natural Gas Division, Commercial Class is up 98%; hospital accounted for the additional usage. Mr. Webster is working with the hospital to see why there may be higher usage/peaks. Overall tracking as expected. On the Investment Report, a CD that matured in August was reinvested. In addition, a U.S. Treasury Bill came due August 15 and has been reinvested. After discussion, a motion by Commissioner Hanson, second by Commissioner Cheney to approve the financial statements, Motion carried unanimously. 4. Open Forum Communication a. City Administrator— Matthew Jaunich —Absent b. Divisions i. Dan Lang, Engineering Services Manager —Absent ii. Dave Hunstad. Electric Transmission/Distribution Manager — 1 . Finishing up conductor project 2. Working on South Grade Road project iii. Randy Blake, Production Manager — 1 . Interpol Laboratories is on site working on emission testing. Unit 7 is completed and Unit 6 should be completed today. 2. Caterpillar will be starting 150 hour run on Units 6 & 7 in a couple of weeks. 3. New employee to start Friday iv. John Webster, Natural Gas Division Manager- Nothing to report v. Jared Martig, Financial Manager- Absent c. Legal — Marc Sebora — Nothing to Report d. Human Resources - Brenda Ewing — Absent e. General Manager — Jeremy Carter i. Strategic Planning meeting at gam tomorrow at SWIF ii. Had a meeting last week with a customer to talk about different Interconnection Process tracks iii. Legislative topics to be talked about tomorrow 6. Policies a. Review Policies i. Hutchinson Utilities Commission ii. Establishing a New Electric/Natural Gas Account iii. Deposit Requirement — Residential iv. Deposit Requirement — Commercial/industrial v. Terminating Electric/Natural Gas Service by Customer vi. Definition of Your Bill vii. Errors in Billing viii. Payment of Your Bill ix. Automatic Bill Payment Plan x. Budget Payment Plan A. Explanation of Billing Procedure xii. Minnesota Cold Weather Rule No changes recommended at this time. b. Approve Changes No changes made to the policies under review. 7. Unfinished Business 8. New Business a. Declare an Open Meeting for HUC Open House being held on Tuesday, October 8 from 4:OOp.m. to 7:OOp.m. GM Carter asked to set the meeting. A motion by Commissioner Morrow. second by Commissioner Hanson to Declare an Open Meeting for HUC Open House being held on Tuesday, October 8 from 4:OOp.m. to 7:OOp.m. Motion carried unanimously. 2 b. Authorize Retiring Engine Unit #8 from HUC's Fleet GM Carter presented continuation item of Engine Unit #8 from the Special meeting that was held Tuesday, August 20. Options discussed for unit 8 were; 1) Repair the unit to keep it serviceable in addition to noting the upcoming 5-year CIP cost, 2) Retire the unit, or 3) look for a used engine comparable to unit 8. After careful consideration of HUC operating business model, the MISO markets future forecast climate, the addition of new units 6 & 7, and the continued current fleet of HUC's other engines staff recommends retiring the unit. GM Carter proposes the Commission Board to take formal action on this today. A motion by Commissioner Cheney , second by Commissioner Hanson to Authorize Retiring Engine Unit #8 from HUC's Fleet. Motion carried unanimously. 9. Adjourn There being no further business, a motion by Commissioner Morrow, second by Commissioner Wendorff to adjourn the meeting at 3:14p.m. Motion carried unanimously. i ATTEST: / Don Martinez, President 3 — � � 2. �/", � //, � � Robert VVendorff, Sec To: Mayor and Council From: Candice Woods, Liquor Hutch Director Date: 10/01/19 Re: Liquor Hutch Sales January —Sept 2019 2018 2019 Change Year to Date Sales: $4,567,747 $4,655,760 1.9% Increase Liquor $1,518,509 $1,555,701 2.4%increase Beer $2,276,254 $2,332,074 2.5%increase Wine $ 668,212 $ 655,840 1.9% decrease Year to Date Gross Profit Dollars: $1,178,239 $1,180,770 0.2% increase Year to Date Customer Count: 183,601 182,794 0.4% decrease Average Sale per Customer: $24.88 $25.47 $.59 increase Gross Profit Percentage: 25.80% 25.40% 0.4% decrease Notes: • Wine is our highest profit item and sales have been affected by customer purchasing trends moving to "seltzer" products that are beer based. Competitive profit margins are lower on beer based products. Wine inventories are being carefully managed as a result of this trend. • Our new "Loyalty Program" is having a slight effect on Gross Profits. Pricing is being carefully managed as we move further into the program. Other advertising expenses are also being reduced to further support this marketing effort. • Liquor Hutch 2019 budget projected a 1.8% increase in sales. Expenses through August (last report) are as expected to meet our budget goals. Store Activity Highlights: • Liquor Hutch Loyalty Program media kick off began July 10' • Annual 25% Off Wine Sale July 20 — 315f • First Tuesday Product Knowledge Training was held with an emphasis on Bourbon and other Whisk(e)y • All Credit Card Terminals updated • Four new Permanent Part Time Hires in progress to fill positions vacated by retirements, etc • Full Time employees attended MMBA Regional meeting for an update on Legislative and Operational issues • Two bourbon customers and Liquor Hutch staff selected a custom bottled bourbon barrel that will be a focus for 2019 Holiday sales..... selling well already! Further details of all statistics have been provided to the Administrative Department. Please feel free to contact me with any questions or requests for additional data.