cp10-11-2011 cCouncil Workshop — Enterprise Funds — 4: 00 p.m.
AGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, OCTOBER 11, 2011
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Word of Life Church
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
5. PUBLIC COMMENTS
6. MINUTES
(a) REGULAR MEETING OF SEPTEMBER 27, 2011
Action — Motion to approve as presented
7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise
have been delegate tot e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13925 — RESOLUTION PROCLAIMING OCTOBER AS COMMUNITY
PLANNING MONTH
2. ORDINANCE NO. 11 -0680 — AN ORDINANCE REVISING ORDINANCE NO. 11 -0679
IMPLEMENTING LOCAL SALES AND USE TAX AND MOTOR VEHICLE EXCISE TAX (WAIVE
FIRST READING AND SET SECOND READING AND ADOPTION FOR OCTOBER 25, 2011)
(b) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS
- CHANGE ORDER NO. 1 —LETTING NO. 1, PROJECT NO. 11 -01 (SCHOOL ROAD NW)
- CHANGE ORDER NO. 1 —LETTING NO. 5, PROJECT NO. 11 -06 (PLAZA 15 PARKING LOT
IMPROVEMENTS
(c) CONSIDERATION FOR APPROVAL OF 2011 AIRPORT IMPROVEMENT — CONVERSION TO
NATURAL GAS
(d) APPOINTMENT OF JOSHUA SCHROEDER TO PUBLIC ARTS COMMISSION TO AUGUST 2014
(e) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR DAN HATTEN TO ATTEND
THE INTERNATIONAL CHIEFS OF POLICE CONFERENCE IN CHICAGO, ILLINOIS, FROM
OCTOBER 21 —26, 2011
(f) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR KENT EXNER TO ATTEND
THE ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS ANNUAL
CITY COUNCIL AGENDA— OCTOBER 11, 2011
CONFERENCE IN DETROIT, MICHIGAN FROM OCTOBER 13 —17,2011
(g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
8. PUBLIC HEARINGS — 6:00 P.M. - NONE
9. COMMUNICATIONS REQUESTS AND PETITIONS (Purpose: to provide Council with information
necessary to craft wise policy. Always looking toward t e Tuture, not monitoring past)
10. UNFINISHED BUSINESS
11. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF AUTHORIZING THE ISSUANCE AND AWARDING THE
SALE OF 52,385,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2011A
Action — Motion to reject— Motion to approve
(b) CONSIDERATION FOR APPROVAL OF PROPOSAL FOR ECONOMIC DEVELOPMENT MEDIA
CAMPAIGN
Action — Motion to reject — Motion to approve
(c) CONSIDERATION FOR APPROVAL OF AMENDING MORTGAGE AGREEMENT WITH MCLEOD
COUNTY RAIL AUTHORITY
Action — Motion to reject — Motion to approve
12. GOVERNANCE (Purpose. to assess past organizational performance, develop policy that guides the organization and
Council an manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) FIRE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2011
(b) HUTCHINSON UTILITIES COMMISSION SPECIAL MEETING MINUTES FROM SEPTEMBER 13,
2011
(c) PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD MINUTES FROM
AUGUST 1, 2011
13. MISCELLANEOUS
14. ADJOURN
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, SEPTEMBER 27, 2011
1. CALL TO ORDER — 5:30 P.M.
Mayor Steve Cook called t e meeting to order. Members present were Mary Christensen, Bill Arndt, Eric Yost
and Chad Czmowski. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney
2. INVOCATION — Pastor Kevin Oster, Our Savior's Lutheran Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS DONATIONS AND COMMUNITY SERVICE TO THE CITY
Jeremy Carter, City Administrator, noted that a new addition has been added to the playground equipment in
Jaycee Park. The equipment was donated by the Hutchinson Jaycees.
5. PUBLIC COMMENTS
6. MINUTES
(a) REGULAR MEETING OF SEPTEMBER 13, 2011
Motion by Arndt, second by Christensen, to approve the minutes as presented. Motion carried unanimously.
7. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise
have been a egate tot e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13910 — RESOLUTION TO APPROPRIATE FOUND PROPERTY FOR
HUTCHINSON POLICE SERVICES USE
(b) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS
- CHANGE ORDER NO. 3 — LETTING NO. 2, PROJECT NO. 10 -02 (SHERWOOD STREET SE
EXTENSION)
- CHANGE ORDER NO. 2 — LETTING NO. 3, PROJECT NO. I1 -04 (2011 PAVEMENT
MANAGEMENT PROGRAM PHASE 1)
- CHANGE ORDER NO.2 — LETTING NO. 2, PROJECT NO. 11 -02 & 11 -03 (INDUSTRIAL BLVD SE
RECONSTRUCTION & ENERGY PARK BITUMINOUS WEAR COURSE PLACEMENT)
(c) CONSIDERATION FOR APPROVAL OF AIRPORT AGRICULTURAL LEASE WITH SKYVIEW
DAIRY
(d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE
APPLICATION TO HUTCHINSON HOCKEY ASSOCIATION ON JANUARY 28, 2012, AT
AMERICAN LEGION POST 96
(e) CONSIDERATON FOR APPROVAL ISSUING MASSAGE LICENSE TO LIZ LINDEMEIER TO
OPERATE A FACILITY LOCATED AT 133 MAIN STREET SOUTH
tPL11)
CITY COUNCIL MINUTES — SEPTEMBER 27, 2011
(f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Item 7(b) was pulled for separate discussion.
Motion by Arndt, second by Czmowski, to approve consent agenda with the exception of the item noted
above. Motion carried unanimously.
Item 7(b) had further discussion. Council Member Yost asked for clarification about Change Order No. 2,
Letting o. 2, Project No. 11 -02 & 11 -03. John Olson, Public Works Manager, noted that the bid
specifications explained that an incentive would be given if the density was met per the specifications. The
contractor met those specifications and therefore the change order reflects the incentive.
Motion by Yost, second by Christensen, to approve Item 6(b). Motion carried unanimously.
8. PUBLIC HEARINGS — 6:00 P.M. - NONE
a
necessary
10. UNFINISHED BUSINESS
11. NEW BUSINESS
(Purpose: to provide Council with information
not monitoring past)
(a) CONSIDERATION O E INSTALL SCOMM S ONE S' OFFER TO PURCHASE AND HE RADIO EQUIPMENT
TO TRANSITION TO THE ARMER SYSTEM IN THE HUTCHINSON COMMUNICATION CENTER
AND APPROVAL OF AGREEMENT FOR THE PURCHASE OF DISPATCH EQUIPMENT FOR THE
CITY OF HUTCHINSON
Mayor Cook noted that details of this arrangement were discussed at a workshop held on September 13,
2011. Jeremy Carter, City Administrator, explained that McLeod County will be purchasing equipment for
the Hutchinson Police Services communication center with the intention that the City will maintain the
equipment.
Motion by Arndt, second by Czmowski, to approve accepting McLeod County Board of Commissioners'
offer to purchase and install the radio equipment necessary to transition to the ARMER system in the
Hutchinson Communication Center and approve agreement for the purchase of dispatch equipment for the
City of Hutchinson. Motion carried unanimously.
12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and
Council an manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM AUGUST
16, 2011
(b) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORTS FROM AUGUST 2011
(c) JOINT PLANNING BOARD MINUTES FROM AUGUST 17, 2011
13. MISCELLANEOUS
John Olson —Mr. Olson noted that the leaf vacuum service is scheduled to begin October 18, 2011. If large
amounts of leaves begin to fall earlier than that, then the service will begin October 11, 2011. An
informational sheet will be in the next utility bill, along with information on the City's web site. Residents
may call the public works department with any questions. Citizens may also be notified via the Everbridge
system.
(019),
CITY COUNCIL MINUTES SEPTEMBER 27, 2011
John Olson also mentioned that staff of Clarke Mosquito Control will be working in the City on Thursday to
cut the weeds on the Hwy 15 South median. These staff members will be volunteering their time and this
project is at their gesture.
Mary Christensen — Council Member Christensen noted that she had received a comment that the signagge on
Event Center could be improved. Individuals from out of town had commented to her that they went nght by
the Event Center because they could not see a notable sign. Council Member Christensen also noted that the
she had received comments that the weeds on the medians should be taken care of. Council Member
Christensen noted that she has also received comments from residents in reference to the pavement of the
Luce Line Trail. Mayor Cook noted that he and a group he is a part of recently met with legislators which
went well. The legislators agreed that if a trail were to be paved, the Luce Line Trail is one of them. A
factor in favor of the paving is the linking of the Luce Line Trail and Dakota Trail. The group the mayor is
on, including Council Member Bill Arndt, presented to Parks /Trails Council today. This paving project has
been worked on for several years. Snowmobiles, studs, horseback riding will still be allowed if the trail
were paved and farm crossings would be upgraded.
Bill Arndt — Council Member Arndt encouraged residents to water their trees due to the dry conditions.
Eric Yost — Council Member Yost asked the timing for School Road completion. John Olson commented
that the project should be completed by November 15, 2011.
Jeremy Carter — Mr. Carter provided an update on rental unit inspections. The main violations are the same
as they have been each year — having working smoke detectors and CO monitors that are functioning
properly and that both have operating batteries installed.
Mayor Cook — Mayor Cook asked that the free floating logs in the river dam be propped up on rocks or
hauled out. The water conditions are very low so now may be the prime time to take care of these things.
Mayor Cook also asked that the HUC minutes be included in the Governance section of the Council agenda
packet.
14. ADJOURN
Motion by Arndt, second by Cook, to adjourn at 5:55 p.m. Motion carried unanimously.
(V lam)
RESOLUTION NO. 13925
RESOLUTION PROCLAIMING OCTOBER AS COMMUNITY PLANNING MONTH
WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs,
townships, rural areas, and other places; and
WHEREAS, community planning and plans can help manage this change in a way that provides
better choices for how people work and live; and
WHEREAS, community planning provides an opportunity for all residents to be meaningfully
involved in making choices that determine the future of their community; and
WHEREAS, the full benefits of planning requires public officials and citizens who understand,
support, and demand excellence in planning and plan implementation; and
WHEREAS, the month of October is designated as National Community Planning Month
throughout the United States of America and its territories, and
WHEREAS, The American Planning Association and its professional institute, the American
Institute of Certified Planners, endorse National Community Planning Month as an opportunity to
highlight the contributions sound planning and plan implementation make to the quality of our
settlements and environment; and
WHEREAS, the celebration of National Community Planning Month gives us the opportunity to
publicly recognize the participation and dedication of the members of planning commissions and
other citizen planners who have contributed their time and expertise to the improvement of the City
of Hutchinson, Minnesota; and
WHEREAS, We recognize the many valuable contributions made by professional community and
regional planners of the City of Hutchinson and State of Minnesota and extend our heartfelt thanks
for the continued commitment to public service by these professionals;
NOW, THEREFORE, BE IT RESOLVED THAT, the month of October 2011 is hereby
designated as Community Planning Month in the City of Hutchinson, Minnesota in conjunction
with the celebration of National Community Planning Month.
Adopted this 11 `h day of October, 2011.
Steven W. Cook, Mayor
ATTEST:
Jeremy J. Carter, City Administrator
tI L) I
M E M O R A N D U M
TO: Mayor Cook and City Council Members
FROM: Marc A. Sebora, City Attorney
DATE: October 6, 2011
SUBJECT: Local Sales Tax Ordinance
As I mentioned to you a few Council meetings ago, Hutchinson's local sales tax ordinance has
been reviewed by the Minnesota Department of Revenue. Earlier this week, we completed that
review and I am incorporating their suggestions into a revised sales tax ordinance. As you will
see, the majority of the revisions were simply grammatical in nature or suggestions that the
Department of Revenue felt added clarity to the ordinance.
The amendments to the ordinance in no way affect the State's implementation of the Hutchinson
sales tax which is scheduled to begin on January 1, 2012.
I would ask that you entertain a motion approving the revised ordinance and setting it on for a
second reading and adoption at the October 25, 2011, Council meeting.
Thank you.
ORDINANCE NO. 11 -0680
AN ORDINANCE REVISING ORDINANCE NO. 11 -0679 - IMPLEMENTING LOCAL
SALES AND USE TAX AND MOTOR VEHICLE EXCISE TAX
The CITY OF HUTCHINSON HEREBY ORDAINS:
TITLE X; CHAPTER 100
CHAPTER I. SALES AND USE TAX AND MOTOR VEHICLE EXCISE TAX
§100.01. Authority.
The Minnesota legislature has, by the laws of Minnesota for 2011, Chapter 7, Article 4,
Section 12, authorized the city to impose an additional sales and use tax, and a motor vehicle
excise tax within the city to provide revenues to pay certain costs related to the construction and
improvement of the city's water and wastewater facilities, including securing and paying debt
service on bonds. The city approved the act in accordance with applicable law.
§100.02. Definitions.
The words, terms and phrases used in this chapter shall have the meaning ascribed to
them in M.S.A. Minnesota Statutes § 297A.01, except where the context clearly indicates
otherwise. In addition, the following definitions shall apply:
code.
Act means the laws of Minnesota for 2011, chapter 7, article 4, section 12, as amended.
Chapter means this chapter in its present form and as subsequently codified in the city
City means the City of Hutchinson.
Commissioner means the commissioner of revenue for the state acting under the
authority of an agreement entered into between the city and the state pursuant to the act, or such
other person or entity designated to administer and collect the city's sales and use tax.
Motor vehicle has the meaning given to it by M.S.A. Minnesota Statutes § 29713.01,
subdivision 1 I but only to the extent the motor vehicle is required to be registered for road use.
Motor vehicle excise tax means the twenty dollars ($20.00) per vehicle tax imposed and
collected pursuant to this chapter.
Retailer maintaining a place of business in the city or any like term means any retailer
having or maintaining within the city, directly or by a subsidiary, an office, place of distribution,
sales or sample room or place, warehouse or other place of business, or having any
representative, agent, sales person, canvasser or solicitor operating in the city under the authority
9 L,�-)),
of the retailer or its subsidiary, for any purpose, including the repairing, selling, delivering,
installing, or soliciting of orders of the retailer's goods or services, or the leasing of tangible
personal property located in the city, whether the place of business or agent, representative, sales
person, canvasser, transient merchant, peddler, or solicitor, is located in the city permanently or
temporarily, or whether or not the retailer or subsidiary is authorized to do business within the
city.
Hutchinson sales and use tax means the sales and use tax imposed and collected
pursuant to this chapter.
§100.03. Sales and use tax.
Except as otherwise provided in this article there is hereby imposed an additional sales
tax in the amount of one -half of one percent on the gross receipts from the sales at retail, and the
storage, use, distribution or consumption of goods or services which are taxable, pursuant to
M.S.A. Minnesota Statutes Ch. 297A and occur within the city. The imposition, administration,
collection and enforcement of this tax shall be governed by the provisions of M.S.A. Minnesota
Statutes * Chapter 297A.
§100.04. Separate statement; collection from purchaser; advertising no tax; minimum
uniform tax collection methods.
The city's sales and use tax shall be stated and charged separately from the sales price or
charge for service insofar as practical, and should be a debt from the purchaser to the seller
recoverable at law in the same manner as other debts. In computing the tax to be collected as a
result of any transaction, any amount of tax less than one -half ( 1/2) of one (1) cent may be
disregarded and amounts of tax one -half ( 1/2) cent or more may be considered an additional
cent. If the sales price of any sale at retail is ninety -nine (99) cents or less, no tax shall be
collected.
§100.05. Exemption certificates.
An fully completed exemption certificate taken in from a purchaser to the
effect that the property purchased is for resale or that the sale is otherwise exempt from the
application of the tax imposed by this aftiele chanter will conclusively relieve the retailer from
collecting and remitting the tax to the extent the seller is also relieved of liability for the sales tax
under Minnesota Statutes §297A.665. A person who has obtained from the commissioner an
exemption certificate pursuant to M.S.A. Minnesota Statutes § 297A.72 may use such exemption
certificate for the purposes of the sales tax imposed by the city.
§100.06. Presumption of purpose of sale.
For the purpose of the proper administration and enforcement of section 100.03 above, it
shall be presumed that all retail sales for delivery in the city are for storage, use, or other
consumption in the city until the contrary is established.
q L )_
§100.07. Collection of sales and use tax at time of sale.
(a) Any retailer making deliveries within the city, any retailer maintaining a place of
business in the city, or any other retailer otherwise doing business within the city, upon making
sales or any items described in section 100.03, above, which are not exempted from the sales tax
imposed under that section and which are to be delivered or caused to be delivered within the
city to the purchaser, shall at the time of making such sales collect the sales and use tax from the
purchaser. The tax collected by such retailer shall be remitted to the commissioner on behalf of
the city.
(b) Any retailer required to collect the city's sales and use tax and remit such tax to the
commissioner pursuant to this section shall register with the commissioner and provide such
other information as the commissioner may require.
§100.08. Agent of retailer.
When, in the opinion of the commissioner, it is necessary for the efficient administration
of the tax, the commissioner may regard any salesman, representative, trucker, peddler, transient
merchant, solicitor, or canvasser as the agent of the dealer, distributor, supervisor, employer or
other person under whom such salesman, representative, trucker, peddler transient merchant,
solicitor, or canvasser operated or from whom the tangible property is being sold is obtained, and
may regard the dealer, distributor, supervisor, employer or other person as a retailer for the
purposes of this article.
§100.09. Motor vehicle excise tax.
In lieu of any City of Hutchinson sales tax, there is hereby imposed an additional excise
tax in the amount of twenty dollars ($20.00) per vehicle on the sale of new and used motor
vehicles as defined in this chapter by any person engaged within the city in the business of
selling motor vehicles at retail. This excise tax is in addition to any excise tax imposed by the
State of Minnesota. The excise tax shall be stated and charged separately and collected by the
retailer and remitted monthly to the city clerk. Each retail seller of motor vehicles shall complete
and submit with each monthly payment of the excise tax such forms as may be required by the
city clerk. Except to the extent that they may be inconsistent herewith, all provisions of this
article shall also apply to the motor vehicle excise tax. The motor vehicle excise tax collected
each month by a retail seller of vehicles shall be remitted to the city clerk on or before the
fifteenth day of the following month.
§100.10. Effective date; transitional sales.
Except as otherwise provided in this article, the city's sales and use tax authorized by this
article shall apply to sales made on or after January 1, 2012, and shall be in addition to all other
taxes now in effect. The city's sales and use tax shall not apply to the following:
q (sue),
(1) The gross receipts from retail sales or leases of tangible personal property made
pursuant to a bona fide written contract which unconditionally vests the rights and
obligations of the parties thereto, provided that such contracts were enforceable prior to
are enforceable contracts entered into before January 1, 2012, and that delivery or
possession of the tangible personal property subject thereto is made on or before
February 29, 2012.
(2) The gross receipts from retail sales made pursuant to bona fide lump sum or fixed
price construction contract which unconditionally vests the rights and obligations of the
parties thereto and which does not make provision for allocation of future taxes, provided
that such contract was enf r- °aril^ prior'^ is an enforceable contract entered into before
January 1, 2012, and the delivery of the tangible personal property used in performing
such construction contract is made before January 1, 2013.
(3) Payments made prior to January 1, 2012, for contracts to provide taxable services,
provided that such contracts were enfereeable prior to are enforceable contracts entered
into before January 1, 2012, however, the city's sales and use tax shall apply to payments
made pursuant to such contracts to provide services on and after February 1, 2012.
(4) Utility bills that include charges for services for any date before January 1, 2012,
however, the city's sales and use tax shall apply to all utility bills for services provided
after beginning January 1, 2012.
§100.11. Collection and enforcement.
The city's sales and use tax imposed by the city pursuant to this article shall be subject to
the same interests, penalties, and other rules as are applicable to the state general sales and use
tax imposed by M.S.A. Minnesota Statutes Ch. 289A and Ch. 297A. The city's sales and use tax
imposed by the city pursuant to this article may be collected by the state on behalf of the city as
provided by an appropriate agreement with the state commissioner of revenue.
§100.12. Tax clearance issuance of licenses.
(a) The city may not issue or renew a license for the conduct of a trade or business in the
city if the commissioner notifies the city that the applicant for such license owes delinquent city
sales and use taxes as provided in this article, or penalties or interest due on such taxes. For the
purposes of this article, the following terms have the following meanings:
(1) "City sales and use taxes" include sales and use tax as provided in this article.
Penalties and interest are penalties and interest due on taxes included in this
definition.
(2) "Delinquent taxes" do not include a tax liability if:
a. In administrative or court action which contests the amount of validity
or the liability has been filed or served;
b. The appeal period to contest tax liability has not expired; or
V] 19)�,
c. The applicant has entered into a payment agreement and is current
with the payments.
(3) Applicant means an individual if the license is issued to or in the name of an
individual, or the corporation, partnership, or other entity if the license is issued to
or in the name of a corporation, partnership or other entity.
(b) A copy of the notice of delinquent taxes given to the city shall also be sent to the
applicant taxpayer. In the case of renewal of a license, if the applicant requests a hearing in
writing within thirty (30) days of the receipt of the notice of delinquent taxes, then a contested
case hearing shall be held by the commissioner under the same procedures as provided in P 4.9.A.
Minnesota Statutes § 270C.72 for the state sales and use tax imposed under M.S.A. Minnesota
Statutes Ch. 297A, provided that if a hearing must be held on the state sales and use tax, hearings
may be combined.
§100.13. Expiration of Sales Tax.
The authority to collect taxes imposed under this chapter shall expire on January 1, 2030
or at such time the Hutchinson City Council has determined that the indebtedness for which the
tax was originally imposed has been paid, whichever is sooner.
Adopted by the City Council this 250' day of October, 2011.
Mayor Steven W. Cook
ATTEST:
Jeremy J. Carter, City Administrator
M
C
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Consideration of Improvement Project Change Orders
DATE: October 11, 2011
As construction has proceeded on the below listed projects there has been additional work, project scope revisions,
and/or construction staging changes. The items specified below have been identified and deemed necessary to
satisfactorily complete the projects. The following Change Orders are proposed as noted:
• Change Order No. 1 — Letting No. I/Project No. I 1 -0 1 — School Road NW
This Change Order addresses the documentation of jour MnDOT- approved Work Orders that pertain to
casting/manhole adjustments, water leak exploration and existing street lighting repair. This additional work
results in an increase to the contract in the amount of$9,569.00.
• Change Order No. 1— Letting No. 5/Project No. 11 -06— Plaza 15 Parking Lot Improvements
This Change Order addresses the extension of the completion date to October 28, 2011 to clarify project
specifications. This action results in no increase to the original contract payment amount.
We recommend that the attached project Change Orders be approved.
cc: Jeremy Carter, City Administrator
r) C��
_ HUTCHINSON CITY CENTER
ENGINEERING DEPARTMENT
111 HASSAN STREET SE, HUTCINSON MN 55350
PHONE: 320-234-4209 FAX: 320-234-4240
LETTING NO.5 - PROJECT NO. 11 -06
Dated: 10/05/2011 CHANGE ORDER NO. 1 Page 1 of 1
Project
Location:
Plaza 15 Parking Lot Improvements
CONTRACTOR: Ouininck Inc, 408 8th S4 P O Box 206, Prinsburg MN 56281.0208 Phone 320 - 978.5011
C ntontract
Amount:
$496 414.72
,
Completion Date: 40114/201 -1
Revised Completion Date:
1 012 612 011
Description
of Change:
This Change Order addresses the extension of the completion date to October 28, 2011 to clarify project specifications. This action
results in no increase to the original contract payment amount.
Item No.
Spac. Ref.
Item Name
INCREASE ITEMS:
Unit
Quantity
Unit Price
Amount
Completion date extended to 10/28/2011
-
0
$0.00
$0.0
$0.0
$0.0
$0.0
$0.0
TOTALINCREASEITEMS
S0.
DECREASE ITEMS:
TOTAL DECREASE ITEMS
$0.0
NET INCREASE
$0.00
In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $ (add)/(deduct).
An extension of 14 days shall be allowed for completion.
ORIGINAL PREVIOUS ADDITIONSIDEDUCTIONS THIS ADDITIONIDEDUCTION TOTAL
CONTRACTAMOUNT
$498,414.72
$0.00
$0.00
$496,414.72
pproved:
Approved:
Contractor - Duininck Inc.
Dated:
City of Hutchinson - Mayor: Steven W Cook
Dated: 10/11/2011
pproved:
Approved:
City of Hutchinson - City Engineer: Kent Exner
Dated:
City of Hutchinson - City Administrator: Jere ny J Carter
Dated: 10/11/2011 t
HUTCHINSON CITY CENTER
i ENGINEERING DEPARTMENT
171 HASSAN STREET SE, HUTCINSON MN 55350
PHONE: 320-234-4209 FAX: 320-234-4240
LETTING NO. 1 - PROJECT NO. 11 -01
Dated: 10/0312011 CHANGE ORDER NO. 1 Page 1 of 1
Protect
ISchoolRoadNW
Location:
CONTRACTOR: Wm Mueller & Sons Inc, 831 Park Ave, P O Box 247, Hamburg MN 55339
Contract
Amount:
$1,417,670.48
Completion Date: 09/30/2011
Revised Completion Date:
Description
of Change:
See attached Work Order No. 1, Work Order No. 2, Work Omer No. 3 and Work Order No. 4
Item No.
Spec. Ref.
Item Name
INCREASE ITEMS:
Unit
Quantity
Unit Price
Amount
2506.522
OFFSET CATCH BASIN ADJUSTING RINGM/ORK ORDER #1
EA
20
$40.00
$800.0
2503.602
CONCEALED PICK SANITARY SEWER MANHOLE LIDM/ORK ORDER #2
EA
13
$187.00
$2,431.0
2503.602
SANITARY SEWER MANHOLE BARREL ADJUSTMENTNVORK ORDER #2
EA
14
$330.00
$4,488.0
2503.602
WATER LEAK EXPLORATIONIREPAIRIWORK ORDER #3
HR
2
$550.00
$1,100.0
2545.501
TEMPORARY REPAIR OF STREET LIGHT WIRINGANORK ORDER #4
EA
3
$250.00
$750.0
TOTAL INCREASE ITEMS
$9,569.0
DECREASE ITEMS:
-
TOTAL DECREASE ITEMS
$9,569.0
NET INCREASE
$9,569.00
In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $ 9.569.00
(add)!(deduet). An extension of - -- days shall be allowed for completion.
ORIGINAL PREVIOUS ADDITIONSlDEDUCTIONS THIS ADDITIONQEDUGTION
CONTRACT AMOUNT
TOTAL
$1,417,670.48
$0.00
$9,569.00 $1,427,239.48
pproved:
Approved:
Contractor - Wm Mueller & Sons Inc
Dated:
City of Hutchinson - Mayor: Steven W Cook
Dated: 10/11/2011
EApproved:
City of Hutchinson - City Engineer: Kent Exner
City of Hutchinson - City Administrator: Jeremy Carter
Dated: 10/11/2011
STATE AID FOR LOCAL TRANSPORTATION Rev .July 2010
WORK ORDER FOR MINOR EXTRA WORK Page 1 of 1
SP 133 - 117 - 013 Minn. Proj. No. ( ) WO No. 7
Project Location School Rd
Local Agency City of Hutchinson Local Project No. L1/P11 -01
Contractor Wm Mueller & Sons Contract No. L1/P11 -01
Address/City /State /Zip 831 Park Ave. PO Box 247 Hamburg, Mn 55339
Total Work Order Amount $ 800.00
In accordance with the terms of this Contract, you are hereby authorized and instructed
to perform the work as altered by the following provisions.
The Plan includes reconstruct storm sewer manholes over an existing storm pipe. Per
the specifications, the reconstruct item calls for removing existing short cone section on
the top of manhole and replacing with a flat top. During the construction it was found
the existing line was not in the exact spot as shown on the Plan. The result requires the
catch basin manhole to have the adjusting rings offset to fit with curb alignment. This
Work Order pays for adjusting rings needed over the 3 rings typically used. Price
includes all labor and material and 10% prime contractor allowance.
Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or face account dams)
" "Group /Funding. + or— + or—
Category Item No. Description Unit Unit Price Quantity Amount $
Roadway Offset CB
& Storm adjustment
Sewer /001 2506.522 rings Ea $40.00 20 $800.00
Net Change this Work Order $800.00
"Group/Funding category is required for Federal Aid projects
Due to this change, the contract time: (check one)
( x) Is NOT changed ( ) May be revised as provided in Mn /DOT Specification 1806
( ) Is Increased by Working Days ( ) Is Increased by Calendar Days
( ) Is Decreased by Working Days ( ) Is Decreased by Calendar Days
Approved by Project Engineer: Date:
Print Name: Kent Exner Phone: 320 - 234 -4212
Approved by Contractor: Date:
Print Name: Brad Droege Phone: 952 -467 -2720
Distribution: Project Engineer (Original), Contractor (copy), DSAE (copy for funding review)
DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the
District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State
and Federal Aid Rules /Policy. Eligibility does not guarantee funds will be available.
This work is eligible for: _ Federal Funding _ State Aid Funding _ Local funds
District State Aid Engineer:
Date:
`1 ('6)
STATE AID FOR LOCAL TRANSPORTATION Rev .July 2010
WORK ORDER FOR MINOR EXTRA WORK Page 1 of 1
SP 133 - 117 - 013 Minn. Proj. No. ( ) WO No. 2
Project Location School Rd
Local Agency City of Hutchinson Local Project No. 1-1/P11 -01
Contractor Wm Mueller & Sons Contract No. L1/P11 -01
Address /City/State /Zip 831 Park Ave. PO Box 247 Hamburg, Mn 55339
Total Work Order Amount $ 6,919.00
In accordance with the terms of this Contract, you are hereby authorized and instructed to
perform the work as altered by the following provisions.
The Plan calls for salvage and reuse of sanitary manhole castings. It was found that the
existing manhole lids are an old type with 2 pick holes. This work order covers all materials and
labor to replace with concealed pick lids and 10% prime contractor allowance.
Also during the roadway excavation, it was found that some of the sanitary manholes had 2"
adjusting rings that exceeded 2' in depth. This Work Order covers all material and labor,
including 10% prime contractor allowance to replace 2" adjusting rings with 48" manhole barrel
sections.
Esti mate Of Cost: (include any increases or decreases in contract items, any negotiated or force account item&)
"GroupiFunding_ +or— +or—
Category Item No. Description Unit Unit Price Quantity Amount $
$187.00 13 $2,431.00
$330.00 13.6 $4,488.00
Net Change this Work Order $6,919.00
"Group/Funding category is required for Federal Aid projects
Due to this change, the contract time: (check one)
( x) Is NOT changed ( ) May be revised as provided in Mn /DOT Specification 1806
( ) Is Increased by Working Days ( ) Is Increased by Calendar Days
( ) Is Decreased by Working Days ( ) Is Decreased by Calendar Days
Approved by Project Engineer: Date:
Print Name: Kent Exner Phone: 320 - 234 -4212
Approved by Contractor: Date:
Print Name: Brad Droege Phone: 952 - 467 -2720
Distribution: Project Engineer (Original), Contractor (copy), DSAE (copy for funding review)
DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the
District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State
and Federal Aid Rules /Policy. Eligibility does not guarantee funds will be available.
This work is eligible for:
District State Aid Engineer:
Federal Funding _ State Aid Funding _ Local funds
Date:
qt6)
Concealed
Watermain
Pick
& Sanitary
Sanitary
Sewer /003 2503.602
MH Lid Ea
Watermain
Sanitary
& Sanitary
MH Barrel
Sewer /003 2503.602
adjustment Lf
$187.00 13 $2,431.00
$330.00 13.6 $4,488.00
Net Change this Work Order $6,919.00
"Group/Funding category is required for Federal Aid projects
Due to this change, the contract time: (check one)
( x) Is NOT changed ( ) May be revised as provided in Mn /DOT Specification 1806
( ) Is Increased by Working Days ( ) Is Increased by Calendar Days
( ) Is Decreased by Working Days ( ) Is Decreased by Calendar Days
Approved by Project Engineer: Date:
Print Name: Kent Exner Phone: 320 - 234 -4212
Approved by Contractor: Date:
Print Name: Brad Droege Phone: 952 - 467 -2720
Distribution: Project Engineer (Original), Contractor (copy), DSAE (copy for funding review)
DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the
District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State
and Federal Aid Rules /Policy. Eligibility does not guarantee funds will be available.
This work is eligible for:
District State Aid Engineer:
Federal Funding _ State Aid Funding _ Local funds
Date:
qt6)
STATE AID FOR LOCAL TRANSPORTATION Rev Jury 2010
WORK ORDER FOR MINOR EXTRA WORK Page 1 of 1
SP 133 - 117 - 013 Minn. Proj. No. ( ) WO No. 3
Project Location School Rd
Local Agency City of Hutchinson Local Project No. L1/P11 -01
Contractor Wm Mueller & Sons Contract No. L1/P11 -01
Address/City/State /Zip 831 Park Ave. PO Box 247 Hamburg, Mn 55339
Total Work Order Amount $ 1,100.00
In accordance with the terms of this Contract, you are hereby authorized and instructed
to perform the work as altered by the following provisions.
This Work Order pays for exploration and repair of a water leak caused by construction
activity. It includes all material and labor and 10% prime contractor allowance.
Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or force account items.)'
•- GrouplFunding + or _ + or _ _
Category Item No. Description Unit Unit Price Quantity Amount $
Watermain Water leak
& Sanitary exploration Crew
Sewer /003 2503.602 /repair time /hr $550.00 2 $1,100.00
Net Change this Work Order $1,100.00
"Group/Funding category is required for Federal Aid projects
Due to this change, the contract time: (check one)
( x) Is NOT changed ( ) May be revised as provided in Mn /DOT Specification 1806
( ) Is Increased by Working Days ( ) Is Increased by Calendar Days
( ) Is Decreased by Working Days ( ) Is Decreased by Calendar Days
Approved by Project Engineer: Date:
Print Name: Kent Exner Phone: 320 - 234 -4212
Approved by Contractor: Date:
Print Name: Brad Droeoe Phone: 952 -467 -2720
Distribution: Project Engineer (Original), Contractor (copy), DSAE (copy for funding review)
DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the
District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State
and Federal Aid Rules /Policy. Eligibility does not guarantee funds will be available.
This work is eligible for: _ Federal Funding _ State Aid Funding _ Local funds
District State Aid Engineer:
Date:
r) 1 -6>
STATE AID FOR LOCAL TRANSPORTATION Rev Auly 2010
WORK ORDER FOR MINOR EXTRA WORK Page 1 of 1
SP 133 - 117 - 013 Minn. Proj. No. ( ) WO No. 4
Project Location School Rd
Local Agency City of Hutchinson Local Project No. L1/P11 -01
Contractor Wm Mueller & Sons Contract No. L1 /P11 -01
Address /City /State /Zip 831 Park Ave. PO Box 247 Hamburg, Mn 55339
Total Work Order Amount $ 750.00
In accordance with the terms of this Contract, you are hereby authorized and instructed
to perform the work as altered by the following provisions.
The Engineer has determined for the safety of the public that the street lights should be
on during construction. Therefore temporary splicing of the existing street light wiring
should be done to allow the lights to continue to be operational. The contractor shall
furnish all materials labor and equipment to accomplish this. Payment shall be as
shown below in the Estimate of cost which includes the prime contractor allowance.
Estimate Of Cost: (Include any increases ordecmasesin contract items, any negotiated orfonce account items .)%
+or— +or-
'"GrouplFunding
Category Item No. Description Unit Unit Price Quantity Amount $
Temporary
Roadway repair of
& Storm Street light
Sewer /001 2545.501 wiring Ea $250.00 3 $750.00
Net Change this Work Order
*'GrouplFunding category is required for Federal Aid projects
Due to this change, the contract time: (check one)
( x) Is NOT changed ( ) May be revised as provided in Mn /DOT Specification 1806
( ) Is Increased by Working Days ( ) Is Increased by Calendar Days
( ) Is Decreased by Working Days ( ) Is Decreased by Calendar Days
Approved by Project Engineer: Date:
Print Name: Kent Exner Phone: 320 - 234 -4212
Approved by Contractor: Date:
Print Name: Brad Droege Phone: 952 - 467 -2720
Distribution: Project Engineer (Original), Contractor (copy), DSAE (copy for funding review)
DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the
District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State
and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available.
This work is eligible for: _ Federal Funding _ State Aid Funding _ Local funds
District State Aid Engineer:
Date:
Rev. 1/07
RESOLUTION NO. 13924
AUTHORIZATION TO EXECUTE
MINNESOTA DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT FOR AIRPORT IMPROVEMENT
EXCLUDING LAND ACQUISITION
It is resolved by the City of Hutchinson as follows:
1. That the state of Minnesota Agreement No. 99801
"Grant Agreement for Airport Improvement Excluding Land Acquisition," for
State Project No. A4304 -29 at the Hutchinson Municipal Airport is accepted.
2. That the Mayor and City Administrator are
(Title) (Title)
authorized to execute this Agreement and any amendments on behalf of the
City of Hutchinson.
Mayor: Steven W. Cook
City Administrator: Jeremy J. Carter
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF MCLEOD
I certify that the above Resolution is a true and correct copy of the Resolution adopted by the
Hutchinson City Council
(Name of Recipient)
at an authorized meeting held on the 11th day of October 2011
as shown by the minutes of the meeting in my possession.
Signature:
CORPORATESEAL
(Clerk or Equivalent)
NOTARY PUBLIC
My Commission Expires:
(C)
Rev. #1, 7/06 Mn/DOT Agreement No. 99802
State Project No. 4304.29
GRANT AGREEMENT FOR AIRPORT IMPROVEMENT
EXCLUDING LAND ACQUISITION
This Agreement is by and between the State of Minnesota acting through its Commissioner of Transportation ( "State "), and the
City of Hutchinson ('Recipient ").
WHEREAS, the Recipient desires the financial assistance of the State for an airport improvement project ( "Project ") as described
in Article 2 below; and
WHEREAS, the State is authorized by Minnesota Statutes Sections 360.015 (subdivisions 13 & 14) and 360.305 to provide
financial assistance to eligible airport sponsors for the acquisition, construction, improvement, or maintenance of airports and
other air navigation facilities; and
WHEREAS, the Recipient has provided the State with the plans, specifications, and a detailed description of the airport
improvement Project.
NOW, THEREFORE, it is agreed as follows:
1. This Agreement is effective upon execution by the Recipient and the State, and will remain in effect until .tune 30, 2013.
2. The following table provides a description of the Project and shows a cost participation breakdown for each item of work:
Item Description
Natural Gas Connection for AID Building
Federal Share State Share Local Share
0% 70%u 30%
The Project costs will not exceed $2,346.86. The proportionate shares of the Project costs are: Federal: $0.00 ,
State: $1.642.80, and Recipient: $704.06. Federal funds for the Project will be received and disbursed by the State. In the event
federal reimbursement becomes available or is increased for this Project, the State will be entitled to recover from such federal
funds an amount not to exceed the state funds advanced for this Project. No funds are committed under this Agreement until they
are encumbered by the State. No more than 95% of the amount due under this Agreement will be paid by the State until the State
determines that the Recipient has complied with all terms of this Agreement, and furnished all necessary records.
3. The Recipient will designate a registered engineer (the "Project Engineer') to oversee the Project work. If, with the State's
approval, the Recipient elects not to have such services performed by a registered engineer, then the Recipient will designate
another responsible person to oversee such work, and any references herein to the "Project Engineer' will apply to such
responsible person.
4. The Recipient will complete the Project in accordance with the plans, specifications, and detailed description of the Project,
which are on file with the State's Office of Aeronautics and are incorporated into this Agreement by reference. Any changes
in the plans or specifications of the Project after the date of this Agreement will be valid only if made by written change order
signed by the Recipient, the Project Engineer, and the contractor. Change orders must be submitted to the State. Subject to the
availability of funds the State may prepare an amendment to this Agreement to reimburse the Recipient for the allowable costs
of qualifying change orders.
5. The Recipient will make payments to its contractor on a work - progress basis. The Recipient will submit requests for
reimbursement of certified costs to the State on state - approved forms. The State will reimburse the Recipient for the state and
federal shares of the approved Project costs.
a. At regular intervals, the Recipient or the Project Engineer will prepare a partial estimate in accordance with the terns of
the contract, special provisions, and standard specifications for the Project(s). Partial estimates must be completed no
later than one month after the work covered by the estimate is completed. The Project Engineer and the contractor must
certify that each partial estimate is true and correct, and that the costs have not been included on a previous estimate.
b. Following certification of the partial estimate, the Recipient will make partial payments to the contractor in accordance
with the terms of the contract, special provisions, and standard specifications for the Project(s).
Page I of 4 C1 tc)
c. Following certification of the partial estimate, the Recipient may request reimbursement from the State for costs eligible
for federal and state participation. A copy of the partial estimate must be included with the Recipient's request for
payment. Reimbursement requests and partial estimates should not be submitted if they cover a period in which there was
no progress on the Project.
d. Upon completion of the Project(s), the Recipient will prepare a final estimate in accordance with the terms of the contract,
special provisions, and standard specifications for the Project(s). The final estimate must be certified by the Recipient,
Project Engineer and the contractor.
e. Following certification of the final estimate, the Recipient will make final payment to the contractor in accordance with the
terms of the contract, special provisions, and standard specifications for the Project(s).
f. Following certification of the final estimate, the Recipient may request reimbursement from the State for costs eligible for
federal and state participation. A request for final payment must be submitted to the State along with those project records
required by the State.
6. For a Project which involves the purchase of equipment, the Recipient will be reimbursed by the State in one lump sum after
the Recipient: (1) has acquired both possession and unencumbered title to the equipment; and (2) has presented proof of
payment to the State, and (3) a certificate that the equipment is not defective and is in good working order. The Recipient will
keep such equipment, properly stored, in good repair, and will not use the equipment for any purpose other than airport
operations.
7. If the Project involves force - account work or project donations, the Recipient must obtain the written approval of the State
and Federal Aviation Administration (FAA). Force - account work performed or project donations received without written
approval by the State will not be reimbursed under this Agreement. Force - account work must be done in accordance with the
schedule of prices and terms established by the Recipient and approved by the State.
8. Pursuant to Minnesota Statutes Section 360.305, subdivision 4 (g) (1), the Recipient will operate its airport as a licensed,
municipally -owned public airport at all times of the year for a period of 20 years from the date the Recipient receives final
reimbursement under this Agreement. The Airport must be maintained in a safe, serviceable manner for public aeronautical
purposes only. The Recipient will not transfer, convey, encumber, assign, or abandon its interest in the airport or in any real
or personal property, which is purchased or improved with State aid funds without prior written approval from the State. If
the State approves such transfer or change in use, the Recipient must comply with such conditions and restrictions as the State
may place on such approval. The obligations imposed by this clause survive the expiration or termination of this Agreement.
9. This Agreement may be terminated by the Recipient or State at any time, with or without cause, upon ninety (90) days written
notice to the other party. Such termination will not remove any unfulfilled financial obligations of the Recipient as set forth in
this Agreement. In the event of such a termination, the Recipient will be entitled to reimbursement for eligible expenses
incurred for work satisfactorily performed on the Project up to the date of termination. The State may immediately terminate
this Agreement if it does not receive sufficient funding from the Minnesota Legislature or other funding source, or such
funding is not provided at a level sufficient to allow for the continuation of the work covered by this Agreement. In the event
of such termination, the Recipient will be reimbursed for work satisfactorily performed up to the effective date of such
termination to the extent that funds are available. In the event of any complete or partial state government shutdown due to a
failure to have a budget approved at the required time, the State may suspend this Agreement, upon notice to the Recipient,
until such government shutdown ends, and the Recipient assumes the risk of non - payment for work performed during such
shutdown.
10. Pursuant to Minnesota Rules 8800.2500, the Recipient certifies that (1) it presently has available sufficient unencumbered
funds to pay its share of the Project; (2) the Project will be completed without undue delay; and (3) the Recipient has the legal
authority to engage in the Project as proposed.
11. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the Recipient will maintain such records and provide such
information, at the request of the State, so as to permit the Department of Transportation, the Legislative Auditor, or the State
Auditor to examine those books, records, and accounting procedures and practices of the Recipient relevant to this Agreement
for a minimum of six years after the expiration of this Agreement.
12. The Recipient will save, defend, and hold the State harmless from any claims, liabilities, or damages including, but not limited
Page 2 ot4 / tC- 1
to, its costs and attorneys fees arising out of the Project which is the subject of this Agreement.
13. The Recipient will not utilize any state or federal financial assistance received pursuant to this Agreement to compensate,
either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or
debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or
debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This
restriction does not prevent the Recipient from utilizing these funds to pay any party who might be disqualified or debarred
after the Recipient's contract award on this Project.
14. All contracts for materials, supplies, or construction performed under this Agreement will comply with the equal employment
opportunity requirements of Minnesota Statutes Section 181.59.
15. The amount of this Agreement is limited to the dollar amounts as defined in Article 3 above. Any costs incurred above the amount
obligated by the State is done without any guarantee that these costs will be reimbursed in any way. A change to this Agreement
will be effective only if it is reduced to writing and is executed by the same parties who executed this Agreement, or their
successors in office.
16. For projects that include consultant services, the Recipient and its consultant will conduct the services in accordance with the
work plan indicated in the Recipient's contract for consultant services, which shall be on file with the State's Office of
Aeronautics. The work plan is incorporated into this Agreement by reference. The Recipient will confer on a regular basis
with the State to coordinate the design and development of the services.
17. The parties must comply with the Minnesota Government Data Practices Act, as it relates to all data provided to or by a party
pursuant to this Agreement.
18. Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue for all legal proceedings
arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in
Ramsey County, Minnesota.
19. For projects including federal funding, the Recipient must comply with applicable regulations, including, but not limited to,
Title 14 Code of Federal Regulations, subchapter 1, part 151; and Minnesota Rules Chapter 8800.
20. For all projects, the Recipient must comply, and require its contractors and consultants to comply, with all federal and state
laws, rules, and regulations applicable to the work. The Recipient must advertise, let, and award any contracts for the project
in accordance with applicable laws. The State may withhold payment for services performed in violation of applicable laws.
21. Under this Agreement, the State is only responsible for receiving and disbursing federal and state funds. Nothing in this
Agreement will be construed to make the State a principal, co- principal, partner, or joint venturer with respect to the
Project(s) covered herein. The State may provide technical advice and assistance as requested by the Recipient, however, the
Recipient will remain responsible for providing direction to its contractors and consultants and for administering its contracts
with such entities. The Recipient's consultants and contractors are not intended to be third party beneficiaries of this
Agreement.
Page 3 of 4
State Encumbrance Verification
Individual certifies that funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 16C.05
By: £P 2
Date: 2 s2-0n
MAPS Order No: l 182-
Recipient
Recipient certifies that the appropriate person(s) have executed the Agreement on behalf of the Recipient as required by applicable
resolutions, charter provisions or ordinances.
By. Steven W. Cook
Title: Mayor -
Date: 10/11/2011
By. Jeremy J. Carter
Title: City Administrator
Date: 10/11/2011
Commissioner, Minnesota Department of Transportation
By:
Director, Office of Aeronautics
Date:
Mn/DOT Contract Management
as to form & execution
By:
Date:
Page 4 of 4 r) LC)
October 5, 2011
Dear City Council Members,
I would like to appoint Joshua Schroeder to fill the vacancy on the Public Arts Commission created
because Tom Wirt is completing his second full term. Joshua grew up in Glencoe and his family had a
farm in the Hutchinson area. Joshua is passionate about the arts. He graduated from the Perpich
Center for the Arts, currently is treasurer of Crow River Arts, is a volunteer coordinator with the
Hutchinson Center for the Arts, and enjoys collecting art.
While in college Joshua served on a MNSCU steering committee and was also vice - president of the MN
State College Student Association (MSCSA).
Tom Wirt suggested he apply for the vacancy and I believe Joshua's background in the arts will be an
asset to the Public Arts Commission. I would appreciate your support.
Sincerely,
Mayor Steve Cook
� [J)
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Dan Hatten, Director of Police / Emergency Management Services
DATE: October 5, 2011
RE: Consent Agenda — Out of State Travel
I respectfully request authorization to attend the International Chiefs of Police
Conference being held in Chicago, Illinois October 21 -26, 2011.
I have been awarded a scholarship to cover the cost of the conference, hotel and travel.
The cost to the City of Hutchinson would be my time and any per -diem expense. This
cost will be covered under budgeted training expenses.
/csb
2011 -01 -0028
`) Lam)
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Consideration of Approval for Out -of -State Travel by Kent Exner to Attend
AASHTO Annual Conference
DATE: October 11, 2011
As discussed and reviewed with the City Administrator, I request authorization to attend the Association of State
Highway and Transportation Officials (AASHTO) annual conference in Detroit, Michigan, from October 13'h (Thursday)
to October 171h (Monday). This opportunity is due to MnDOT requesting that current City and County Engineers
organizations executive committee members (typically the Chairpersons and Vice - Chairpersons) attend with MnDOT
representatives. This function provides an educational and relationship - building opportunity. All conference, travel,
meal and lodging costs are funded by MnDOT (no City expenditures). Please note that I will be available and working
via my cellular phone and laptop computer during working hours throughout this trip.
We recommend that the attached request be approved.
cc: Jeremy Carter, City Administrator
u
CITY OF HUTCHINSON
R55CKREG LOG22001VO
10/6/2011
Council Check Register
9/28/2011 - 10/11/2011
Check #
Ck Date
Amount Vendor/ Explanation
Account Description
167495
9/28/2011
388.47 CROW RIVER AUTO & TRUCK REPAIR
CENTRAL GARAGE REPAIR
167496
9/28/2011
9,799.70 MCLEOD COUNTY AUDITOR- TREASURE
LICENSES & TAXES
167497
9/28/2011
771.44 MENARDS HUTCHINSON
REPAIR & MAINTENANCE SUPPLIES
167498
9/28/2011
72.25 MINI BIFF
CONTRACT REPAIR & MAINTENANCE
167499
9/28/2011
4,000.00 NATIONAL RESEARCH CENTER INC.
PROFESSIONAL SERVICES
167500
10/11/2011
50.00 ABNER, DON
REFUNDS & REIMBURSEMENTS
167501
10/11/2011
411.13 ACE HARDWARE
REPAIR & MAINTENANCE SUPPLIES
167502
10/11/2011
480.85 ALPHA WIRELESS
COMMUNICATION MAINTENANCE
167503
10/11/2011
146.80 AMERICAN BOTTLING CO
COST OF MIX & SOFT DRINKS
167504
10/11/2011
108.07 AMERICAN FAMILY INS CO.
ACCRUED LIFE INSURANCE
167505
10/11/2011
310.00 AMERICAN WATERWORKS ASSOC.
DUES & SUBSCRIPTIONS
167506
10/11/2011
130.66 AMERIPRIDE LINEN & APPAREL
CONTRACT REPAIR & MAINTENANCE
167507
10/11/2011
550.41 AMS COATING SYSTEMS INC.
SIGNS & STRIPPING MATERIALS
167508
10/11/2011
1,398.35 ANDERSON CHEMICAL COMPANY
EQUIPMENT PARTS
167509
10/11/2011
78.93 ARAMARK UNIFORM SERVICE
SHOP MATERIALS
167510
10/11/2011
425.34 ARCTIC GLACIER PREMIUM ICE INC
COST OF MIX & SOFT DRINKS
167511
10/11/2011
29.20 ARNDT, WILLIAM
MISCELLANEOUS
167512
10/11/2011
931.75 ARNESON DISTRIBUTING CO
COST OF SALES -BEER
167513
10/11/2011
36.32 ARROW TERMINAL LLC
EQUIPMENT PARTS
167514
10/11/2011
148.26 ASPEN EQUIPMENT CO
CENTRAL GARAGE REPAIR
167515
10/11/2011
45.25 AUTO VALUE- GLENCOE
EQUIPMENT PARTS
167516
10/11/2011
7,250.00 B & C PLUMBING & HEATING INC
MACHINERY & EQUIPMENT
167517
10/11/2011
215.60 B. W. WELDING
RECEIVED NOT VOUCHERED
167518
10/11/2011
2,370.00 BARGEN INC
CENTRAL GARAGE REPAIR
167519
10/11/2011
3,319.06 BELLBOY CORP
COST OF MIX & SOFT DRINKS
167520
10/11/2011
320.57 BENNETT MATERIAL HANDLING
RECEIVED NOT VOUCHERED
167521
10/11/2011
195.00 BIG COUNTRY 100.1 FM
ADVERTISING
167522
10/11/2011
1,064.73 BRANDON TIRE CO
RECEIVED NOT VOUCHERED
u
167523
10/11/2011
14,529.48
BRAUN INTERTEC CORP
PROFESSIONAL SERVICES
167524
10/11/2011
2,541.45
BRYAN STREICH TRUCKING
FREIGHT
167525
10/11/2011
50.00
BRYANT, RANDY
DEPOSITS
167526
10/11/2011
17.08
BUSHMAN, RAQUEL
FOOD PRODUCTS - CONCESSION
167527
10/11/2011
65,097.00
C & L DISTRIBUTING
COST OF SALES -BEER
167528
10/11/2011
115.43
CENTRAL IRRIGATION SUPPLY INC
REPAIR & MAINTENANCE SUPPLIES
167529
10/11/2011
67.89
COMDATA CORPORATION
167530
10/11/2011
196.15
CONTINENTAL RESEARCH CORP
CLEANING SUPPLIES
167531
10/11/2011
1,426.00
CORPORATE MECHANICAL
CONTRACT REPAIR & MAINTENANCE
167532
10/11/2011
242.79
CREEKSIDE SOILS
LANDSCAPE MATERIALS
167533
10/11/2011
4,056.75
CROW RIVER OFFICIALS ASSN
OTHER CONTRACTUAL
167534
10/11/2011
1,942.22
CUMMINS NPOWER, LLC
CONTRACT REPAIR & MAINTENANCE
167535
10/11/2011
8.50
CZECH, RANDY
LICENSES & TAXES
167536
10/11/2011
9,193.20
DAY DISTRIBUTING
COST OF SALES -BEER
167537
10/11/2011
60.00
DISCOUNTAUDIO
OPERATING SUPPLIES
167538
10/11/2011
1,296.82
DLT SOLUTIONS
DUE FROM UTILITIES
167539
10/11/2011
33.81
DOMINO'S PIZZA
OPERATING SUPPLIES
167540
10/11/2011
129.28
DON STEVENS INC
CONTRACT REPAIR & MAINTENANCE
167541
10/11/2011
2,451.03
DPC INDUSTRIES INC
CHEMICALS & PRODUCTS
167542
10/11/2011
751.74
DROP -N -GO SHIPPING, INC
PRINTING & PUBLISHING
167543
10/11/2011
123,255.99
DUININCK INC
IMPROV OTHER THAN BLDGS
167544
10/11/2011
105.57
ECONO FOODS
MEETINGS
167545
10/11/2011
4,322.50
EHLERS & ASSOCIATES INC
PROFESSIONAL SERVICES
167546
10/11/2011
192.00
ELECTRO WATCHMAN
CONTRACT REPAIR & MAINTENANCE
167547
10/11/2011
52,558.75
FAH RNER ASPHALT SEALERS, LLC
IMPROV OTHER THAN BLDGS
167548
10/11/2011
146.52
FARMER BROTHERS COFFEE
OPERATING SUPPLIES
167549
10/11/2011
8,741.00
FIRE SAFETY USA, INC
OPERATING SUPPLIES
167550
10/11/2011
1,359.58
FORKLIFTS OF MINNESOTA, INC
CENTRAL GARAGE REPAIR
167551
10/11/2011
50.00
FRICK, PAULA
OTHER REVENUES
167552
10/11/2011
141.38
FRONTLINE PLUS FIRE & RESCUE
SMALLTOOLS
167553
10/11/2011
40.10
G & K SERVICES
MOTOR FUELS & LUBRICANTS
167554
10/11/2011
321.75
GAVIN, OLSON & WINTERS, LTD
OTHER CONTRACTUAL
167555
10/11/2011
185.93
GRAINGER
EQUIPMENT PARTS
167556
10/11/2011
2,175.10
GRUFRUFF DESIGN
OPERATING SUPPLIES
167557
10/11/2011
535.88
H.A.R.T.
ACCRUED DEFERRED COMP
167558
10/11/2011
465.00
HANSEN TRUCK SERVICE
CENTRAL GARAGE REPAIR
167559
10/11/2011
190.00
HAUSER, JENNIFER
OTHER REVENUES
167560
10/11/2011
1,425.81
HENRY'S WATERWORKS INC
REPAIR & MAINTENANCE SUPPLIES
167561
10/11/2011
156.27
HILLYARD / HUTCHINSON
CLEANING SUPPLIES
167562
10/11/2011
1,672.00
HJERPE CONTRACTING
CONTRACT REPAIR & MAINTENANCE
167563
10/11/2011
850.00
HOLT TOUR & CHARTER
OTHER CONTRACTUAL
167564
10/11/2011
300.00
HOMETOWN SPORTS
OPERATING SUPPLIES
167565
10/11/2011
9.00
HRA
REFUNDS & REIMBURSEMENTS
167566
10/11/2011
77.53
HUTCH CAFE
OPERATING SUPPLIES
167567
10/11/2011
2,201.00
HUTCHINSON AREA HEALTH CARE
COMMON AREA MAINTENANCE
167568
10/11/2011
13,902.28
HUTCHINSON CO -OP
MOTOR FUELS & LUBRICANTS
167569
10/11/2011
6,724.00
HUTCHINSON CONVENTION & VISITO
LODGING TAX REIMBURSEMENT
167570
10/11/2011
1,552.15
HUTCHINSON LEADER
PRINTING & PUBLISHING
167571
10/11/2011
333.00
HUTCHINSON MEDICAL CENTER
MISCELLANEOUS
167572
10/11/2011
168.00
HUTCHINSON PUBLIC SCHOOLS
OPERATING SUPPLIES
167573
10/11/2011
112,671.76
HUTCHINSON UTILITIES
STREET LIGHTING UTILITIES
167574
10/11/2011
441.85
HUTCHINSON WHOLESALE
EQUIPMENT PARTS
167575
10/11/2011
896.21
HUTCHINSON, CITY OF
UTILITIES
167576
10/11/2011
4,000.00
HUTCHINSON, CITY OF
MISCELLANEOUS
167577
10/11/2011
346.01
INTERSTATE BATTERY SYSTEM MINN
EQUIPMENT PARTS
167578
10/11/2011
38.48
JAKE'S PIZZA
OPERATING SUPPLIES
167579
10/11/2011
65.32
JAY MALONE MOTORS
AUTOMOTIVE REPAIR
167580
10/11/2011
156.39
JEFF MEEHAN SALES INC.
ADVERTISING
167581
10/11/2011
5.00
JENSEN, BRITTA
OTHER REVENUES
167582
10/11/2011
152.00
1J TAYLOR DIST OF MN
COST OF SALES -BEER
167583
10/11/2011
794.00
JLR GARAGE DOOR SERVICE
CONTRACT REPAIR & MAINTENANCE
167584
10/11/2011
1,442.57
JOANIE'S CATERING
MISCELLANEOUS
167585
10/11/2011
27,755.46
JOHNSON BROTHERS LIQUOR CO.
COST OF SALES -WINE
167586
10/11/2011
90.00
JOHNSON, DOUGLAS W
TRAVEL SCHOOL CONFERENCE
167587
10/11/2011
200.00
JORDAHL, JIM
OPERATING SUPPLIES
167588
10/11/2011
1,552.75
JUUL CONTRACTING CO
CONTRACT REPAIR & MAINTENANCE
167589
10/11/2011
25.00
KARL, MICHELLE
RECREATION ACTIVITY FEES
�'
167590
10/11/2011
240,319.88
KNIFE RIVER
IMPROV OTHER THAN BLDGS
167591
10/11/2011
9,306.50 KRIS ENGINEERING
CENTRAL GARAGE REPAIR
167592
10/11/2011
101.84 L & P SUPPLY CO
CONTRACT REPAIR & MAINTENANCE
167593
10/11/2011
49.39 LAB SAFETY SUPPLY INC
SAFETY SUPPLIES
167594
10/11/2011
880.90 LAMPLIGHTER 11
MISCELLANEOUS
167595
10/11/2011
67.90 LARSON, JASON
CONTRACT REPAIR & MAINTENANCE
167596
10/11/2011
24,826.60 LOCHER BROTHERS INC
COST OF SALES -BEER
167597
10/11/2011
50.00 LUX, JEFF
DEPOSITS
167598
10/11/2011
77.48 MARSHALL CONCRETE PRODUCTS
LANDSCAPE MATERIALS
167599
10/11/2011
180.00 MBPTA
TRAVEL SCHOOL CONFERENCE
167600
10/11/2011
800.00 MCLEOD COOP POWER ASSN
CONTRIBUTIONS & DONATIONS
167601
10/11/2011
175.00 MCLEOD COUNTY AUDITOR-TREASURE
167602
10/11/2011
46.00 MCLEOD COUNTY RECORDER
PROFESSIONAL SERVICES
167603
10/11/2011
51.32 MCRAITH, JOHN
OPERATING SUPPLIES
167604
10/11/2011
828.65 MENARDS HUTCHINSON
REPAIR & MAINTENANCE SUPPLIES
167605
10/11/2011
1,811.53 MIDWEST PLAYSCAPES INC.
OPERATING SUPPLIES
167606
10/11/2011
150.00 MINNESOTA ASSN OF ASPHALT PAVI
TRAVEL SCHOOL CONFERENCE
167607
10/11/2011
58.78 MINNESOTA CHIEFS OF POLICE ASS
PRINTING & PUBLISHING
167608
10/11/2011
4,379.17 MINNESOTA DEPT OF LABOR & INDU
BLDG PERMIT SURCHARGES
167609
10/11/2011
2,918.75 MINNESOTA MUNICIPAL UTILITIES
PROFESSIONAL SERVICES
167610
10/11/2011
241.40 MINNESOTA NURSERY & LANDSCAPE
RECEIVED NOT VOUCHERED
167611
10/11/2011
545.75 MINNESOTA PETROLEUM SERVICE
CONTRACT REPAIR & MAINTENANCE
167612
10/11/2011
57.95 MINNESOTA SHREDDING
REFUSE - RECYCLING
167613
10/11/2011
275.00 MINNESOTA VALLEY TESTING LAB
OTHER CONTRACTUAL
167614
10/11/2011
200.00 MN DEPT OF LABOR & INDUSTRY /CO
SAFETY SUPPLIES
167615
10/11/2011
718.20 MODULAR SPACE CORPORATION
RECEIVED NOT VOUCHERED
167616
10/11/2011
50.00 MOHAMED, ABDULLAHI SAID
REFUNDS & REIMBURSEMENTS
167617
10/11/2011
17.00 MOORE, ERIC
LICENSES & TAXES
167618
10/11/2011
616.25 MUELLERLEILE, SONJA
TRAVEL SCHOOL CONFERENCE
167619
10/11/2011
387.50 MYDRIVERSMANUALS.COM
OPERATING SUPPLIES
167620
10/11/2011
713.04 NAGY, RICHARD
TRAVEL SCHOOL CONFERENCE
167621
10/11/2011
5,157.00 NATIONAL BARK SALES
RECEIVED NOT VOUCHERED
167622
10/11/2011
464.00 NCPERS LIFE INS.
ACCRUED LIFE INSURANCE
167623
10/11/2011
1,382.48 NORTH CENTRAL LABORATORIES
SMALLTOOLS
167624
10/11/2011
410.00 NORTH SHORE ANALYTICAL INC
OTHER CONTRACTUAL
m
167625
10/11/2011
636.24 NORTHERN SAFETY & INDUSTRIAL
RECEIVED NOT VOUCHERED
167626
10/11/2011
15,088.24 NU- TELECOM
COMMUNICATIONS
167627
10/11/2011
665.92 O'REILLY AUTO PARTS
CENTRAL GARAGE REPAIR
167628
10/11/2011
117.29 OFFICE OF ENTERPRISE TECHNOLOG
COMMUNICATIONS
167629
10/11/2011
457.38 OLSON'S LOCKSMITH
CONTRACT REPAIR & MAINTENANCE
167630
10/11/2011
1,600.00 PELLINEN LAND SURVEYING
PROFESSIONAL SERVICES
167631
10/11/2011
6,695.56 PHILLIPS WINE & SPIRITS
COST OF SALES- LIQUOR
167632
10/11/2011
122.13 PLOWMANS
EQUIPMENT PARTS
167633
10/11/2011
50.00 POSTMASTER
POSTAGE
167634
10/11/2011
1,500.00 POSTMASTER
POSTAGE
167635
10/11/2011
2,670.00 PRIEVE LANDSCAPING & LAWN CARE
LANDSCAPE MATERIALS
167636
10/11/2011
219.82 PRINCE CORP
ADVERTISING
167637
10/11/2011
514.07 PRO AUTO & TRANSMISSION REPAIR
RECEIVED NOT VOUCHERED
167638
10/11/2011
6,333.80 PRO CARE SERVICES INC
CONTRACT REPAIR & MAINTENANCE
167639
10/11/2011
866.97 QUADE ELECTRIC
CONTRACT REPAIR & MAINTENANCE
167640
10/11/2011
7,842.29 QUALITY WINE & SPIRITS CO.
COST OF SALES -BEER
167641
10/11/2011
157,130.56 R & R EXCAVATING
IMPROV OTHER THAN BLDGS
167642
10/11/2011
4,614.98 RAMSEY COUNTY
OPERATING SUPPLIES
167643
10/11/2011
966.25 REINER ENTERPRISES, INC
FREIGHT- IN
167644
10/11/2011
2,784.00 RIDGEWATER COLLEGE
TRAVEL SCHOOL CONFERENCE
167645
10/11/2011
163.33 ROYAL TIRE
CENTRAL GARAGE REPAIR
167646
10/11/2011
461.16 RUNNING'S SUPPLY
OPERATING SUPPLIES
167647
10/11/2011
13,810.00 SCHIMMEL CONSTRUCTION LLC
HOUSING REHAB LOANS
167648
10/11/2011
48.50 SCHMELING OIL CO
MOTOR FUELS & LUBRICANTS
167649
10/11/2011
8,964.33 SCHOOL DIST # 423
OTHER REVENUES
167650
10/11/2011
64.20 SCOTT'S WINDOW CLEANING SERVIC
CONTRACT REPAIR & MAINTENANCE
167651
10/11/2011
49.95 SEBORA, MARC
TRAVEL SCHOOL CONFERENCE
167652
10/11/2011
11,283.08 SEH
PROFESSIONAL SERVICES
167653
10/11/2011
41.07 SEPPELT, MILES
CAR ALLOWANCE - TRAVEL
167654
10/11/2011
123.98 SORENSEN'S SALES & RENTALS
CENTRAL GARAGE REPAIR
167655
10/11/2011
559.11 SOUTHERN WINE & SPIRITS OF MN
COST OF SALES -WINE
167656
10/11/2011
307.10 SPRINT
COMMUNICATIONS
167657
10/11/2011
79.00 SPS COMMERCE
167658
10/11/2011
202.50 SR. ADVISORY BOARD
OTHER CONTRACTUAL
167659
10/11/2011
997.35 STANLEY ACCESS TECH LLC
CONTRACT REPAIR & MAINTENANCE
167660
10/11/2011
639.03 STAPLES ADVANTAGE
OFFICE SUPPLIES
167661
10/11/2011
624.71 STEWARD ENTERPRISE INC
REPAIR & MAINTENANCE SUPPLIES
167662
10/11/2011
68.00 STORMS, RENAE
OTHER REVENUES
167663
10/11/2011
217.10 STRATEGIC EQUIPMENT
COST OF MIX & SOFT DRINKS
167664
10/11/2011
50.00 STURGES, STEVE
BUILDING REPAIRS
167665
10/11/2011
43.18 SUBWAY WEST
OPERATING SUPPLIES
167666
10/11/2011
140.31 TARGET BANK
OPERATING SUPPLIES
167667
10/11/2011
84.78 TASC
FLEX ADMINISTRATION FEE
167668
10/11/2011
1,592.29 THE HARTFORD
EMPL.HEALTH & INS. BENEFIT
167669
10/11/2011
50.00 THOMAS, KASI
OTHER REVENUES
167670
10/11/2011
1,658.70 TITAN MACHINERY
RECEIVED NOT VOUCHERED
167671
10/11/2011
15,678.89 TKDA
IMPROV OTHER THAN BLDGS
167672
10/11/2011
42.65 TOWN & COUNTRY TIRE
CENTRAL GARAGE REPAIR
167673
10/11/2011
51,194.00 TREBELHORN & ASSOC
MOTOR FUELS & LUBRICANTS
167674
10/11/2011
1,975.29 TRICO TCWIND, INC
CONTRACT REPAIR & MAINTENANCE
167675
10/11/2011
4,462.03 U.S. WATER SERVICES
CHEMICALS & PRODUCTS
167676
10/11/2011
380.64 UNITED LABORATORIES
CLEANING SUPPLIES
167677
10/11/2011
266.00 UNIVERSITY OF MINNESOTA
PROFESSIONAL SERVICES
167678
10/11/2011
208.75 UPTOWN PEPPER COMPANY
COST OF MIX & SOFT DRINKS
167679
10/11/2011
21,116.75 VIKING BEER
COST OF SALES -BEER
167680
10/11/2011
424.85 VIKING COCA COLA
FOOD PRODUCTS- CONCESSION
167681
10/11/2011
65.98 WAL -MART COMMUNITY
TRAVEL SCHOOL CONFERENCE
167682
10/11/2011
1,267.13 WASTE MANAGEMENT OF WI -MN
REFUSE - RECYCLING
167683
10/11/2011
37,202.98 WASTE MANAGEMENT OF WI -MN
REFUSE - HAULING
167684
10/11/2011
2,650.00 WELLS FARGO INSURANCE SERVICES
PROFESSIONAL SERVICES
167685
10/11/2011
2,186.50 WINE MERCHANTS INC
COST OF SALES -WINE
167686
10/11/2011
19,007.28 WIRTZ BEVERAGE MINNESOTA
FREIGHT
167687
10/11/2011
281,851.32 WM MUELLER & SONS
IMPROV OTHER THAN BLDGS
167688
10/11/2011
43,881.69 WM MUELLER & SONS
IMPROV OTHER THAN BLDGS
167689
10/11/2011
26.00 WOJCIK, CHRISTIE
OTHER REVENUES
167690
10/11/2011
2,646.00 WORK CONNECTION, THE
OTHER CONTRACTUAL
167691
10/11/2011
410.18 ZEP MANUFACTURING CO
EQUIPMENT PARTS
1,552,504.08 Grand Total
Payment Instrument Totals
Check Total 1,552,504.08
Total Payments 1,552,504.08
lam" r
PAYROLL ELECTRONIC FUNDS TRANSFERS
PAYROLL DATE: 10/0712011
Period Ending Date: 10/01/2011
$52,864.12 IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
$10,795.36 MN Department of Revenue
State Withholding Tax
$37,962.31 Public Employee Retirement Association
Employee /Employer PERA/DCP Contributions
$2,063.04 TASC
Employee Flex Spending Deductions
$33,253.05 TASC
$5,212.28 Employee Contribution to Heath Savings Account
$28,040.77 Employer Contribution to Health Savings Account
$475.00 MNDCP
Employee Contributions - Deferred Comp
$1,365.00 ING
Employee Contributions - Deferred Comp
$1,230.00 ICMA Retirement Trust
Employee Contributions - Deferred Comp
$701.88 MN Child Support System
Employee Deductions
$0.00 MSRS - Health Savings Plan
Employee Deductions to Health Savings Plan
$173,962.81 Total Electronic Funds Transfer
r) �)
PAYROLL ELECTRONIC FUNDS TRANSFERS
• PAYROLL DATE: 10/07/2011
Period Ending Date: 10/01/2011
$52,864.12 IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
$10,795.36 MN Department of Revenue
State Withholding Tax
:$31aPO4.,$S Public Employee Retirement Association
Employee /Employer PERA/DCP Contributions
$2,063.04 TASC
Employee Flex Spending Deductions
$33,253.05 TASC
$5,212.28 Employee Contribution to Heath Savings Account
$28,040.77 Employer Contribution to Health Savings Account
$475.00 MNDCP
Employee Contributions - Deferred Comp
$1,365.00 ING
Employee Contributions - Deferred Comp
$1,230.00 ICMA Retirement Trust
Employee Contributions - Deferred Comp
$701.88 MN Child Support System
Employee Deductions
$0.00 MSRS - Health Savings Plan
Employee Deductions to Health Savings Plan
$140,782.08 Total Electronic Funds Transfer
0
Revised
10/1U/2011
• Proclamation
Whereas, Toastmasters International, a non - profit organization founded in October 1924, is
dedicated to making its members better communicators and leaders in society; and
Whereas, Hutchinson Toastmasters Il, as part of District 6, in coordination with the rest of the
districts worldwide, celebrate Toastmasters Month annually to commemorate its anniversary
and to further propagate the mission of the organization, and
Whereas, Improved speaking, listening and human relations skills have a salutary effect on all
undertakings; and
Whereas, The opportunities offered by Toastmasters clubs play an important part in developing
community leaders; and
Whereas, Toastmasters creates a congenial atmosphere in which all community members work
together to achieve common goals and understanding; and
Whereas, Toastmasters provides a mutually supportive and positive learning environment in
• which every member has the opportunity to develop communication and leadership skills,
which will in turn foster self- confidence and personal growth.
Therefore, I Mayor Steve Cook, do hereby proclaim October 2011 as
TOASTMASTERS MONTH in the City of Hutchinson
and call upon the citizens of Hutchinson in commemorating this observance and celebrating the
87th anniversary of the Toastmasters International organization.
Dated this 11th day of October 2011.
Steven W. Cook, Mayor
City of Hutchinson, MN.
0
9 (�_)
y
Debt Issuance Services
--L-i L-i --0
October 11, 2011
Sale Report
City of Hutchinson, Minnesota
$2,830,000 General Obligation Improvement Bonds,
Series 2011 A
F www.ehlers- inc.com
u
` ■ ■ L E ■ R � S Minnesota phone 651 -697 -8500 3060 Centre Pointe Drive
LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois fax 651 - 697 -8555 Roseville, MN 55113 -1122
1 I < < -)
Debt Issuance Services
City of Hutchinson, MN
Results of Bond Sale — October 11, 2011
$2,830,000* General Obligation Improvement Bonds, Series 2011A
Purpose:
Finance seven projects in the City's 2011 Capital Improvement Plan:
• School Road NW Improvements
• Industrial Boulevard SE Reconstruction
• Energy Park Wear Course Placement
• 2011 Pavement Management Program Phase 1
• 2011 Pavement Management Program Phase 2
• Plaza 5 Parking Lot Improvements
• Trunk Highway 15 Water Main Lining
Rating:
Standard & Poor's "AA-" reconfirmed
Number of Bids:
6
Low Bidder:
United Bankers' Bank, Bloomington, MN
True Interest Cost:
2.6017 %*
Interest Savings from
Low Bid High Bid Interest Savings
Lowest to Highest Bid:
2.6008% 2.8463% $65,857
Summary of Results:
Projected Results of Sale Difference
Principal Amount *:
$2,835,000 $2,830,000 - $5,000
Discount Allowance:
$28,350 $20,518 - $7,833
True Interest Cost:
2.5516% 2.6017% 0.05%
Coupon Rates:
0.65% - 3.30% 0.50% - 3.25%
* The size of the bond issue changed
from the projected amount due to a reduction in bond proceeds needed and a
reduction in underwriters' discount which also increased the TIC to 2.6017% from the low bid of 2.6008 %.
Closing Date
Council Action:
Attachments:
EHLERS
LEADERS IN PUBLIC FINANCE
November 2, 2011
• Resolution Relating To $2,830,000 General Obligation
Improvement Bonds, Series 2011A; Authorizing The Issuance,
Awarding The Sale, Fixing The Form And Details, Providing For
The Execution And Delivery Thereof And The Security Therefor
And Levying Ad Valorem Taxes For The Payment Thereof
(Distributed in Council Packets)
• Bid Tabulation
www.ehiers- inc.com
Minnesota phone 651 - 697 -8500 3060 Centre Pointe Drive
Offices also in Wisconsin and Illinois fax 651 - 697 -8555 Roseville, MN 55113-1122
BID TABULATION
$2,835,000'" General Obligation Improvement Bonds, Series 2011A
CITY OF HUTCHINSON, MINNESOTA
SALE: October 11, 2011
AWARD: UNITED BANKERS' BANK
RATING: Standard & Poor's Credit Markets "AA-"
BBI: 4.14%
NET
TRUE
NAME OF BIDDER MATURITY
RATE
REOFFERING PRICE
INTEREST
INTEREST
(February 1)
YIELD
COST
RATE
UNITED BANKERS' BANK 2013
0.500%
0.500% $2,814,446.25
$563,364.51
2.6008%
Bloomington, Minnesota 2014
0.700%
0.700%
2015
1.200%
1.200%
2016
1.450%
1.450%
2017
1.700%
1.700%
2018
1.950%
1.950%
2019
2.200%
2.200%
2020
2.450%
2.450%
2021
2.600%
2.600%
2022
2.750%
2.750%
2023
2.850%
2.850%
2024
2.950%
2.950%
2025
3.050%
3.050%
2026
3.150%
3.150%
2027
3.250%
3.250%
'Subsequent to bid opening the issue size was decreased to $2,830,000.
Adjusted Price - $2,809,482.50
Adjusted Net Interest Cost - $563,249.61
Adjusted TIC - 2.6017%
www.ehiers- inc.com
isE H L E RS Minnesota phone 651- 697 -8500 3060 Centre Pointe Drive
LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois fax 651 -697 -8555 Roseville, MN 55113 -1122
� � tp,-)
$2,835,000 General Obligation Improvement Bonds, Series 2011A
City of Hutchinson, Minnesota
Page
NET TRUE
NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST
(February 1) YIELD COST RATE
NORTHLAND SECURITIES, INC.
Minneapolis, Minnesota
VINING SPARKS IBG, L.P.
Chicago, Illinois
BAIRD
Milwaukee, Wisconsin
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2.000%
2.000%
2.000%
2.000%
2.000%
2.000%
2.000%
2.200%
2.400%
2.600%
2.800%
3.000%
3.200%
3.300%
3.400%
2.000%
2.000%
2.000%
2.000%
2.000%
2.000%
3.000%
3.000%
3.000%
3.000%
3.000%
3.000%
3.250%
3.250%
3.250%
2.000%
2.000%
2.000%
2.000%
2.000%
3.000%
3.000%
3.000%
3.000%
3.000%
3.000%
3.000%
3.350%
3.350%
3.350%
$2,828,414.35 $568,501.57 2.6221%
$2,869,620.25 $577,513.78 2.6413%
$2,860,295.00 $606,264.39 2.7804%
1,835,000 General Obligation Improvement Bonds, Series 2011A
Page 3
City of Hutchinson, Minnesota
NET
TRUE
NAME OF BIDDER
MATURITY
RATE
REOFFERING PRICE
INTEREST
INTEREST
(February 1)
YIELD
COST
RATE
BOSC, INC., A SUBSIDIARY OF BOK
2013
3.000 %
$2,904,950.90
$623,052.71
2.8353%
FINANCIAL CORPORATION
2014
3.000%
Menomonee Falls, Wisconsin
2015
3.000%
2016
3.000%
2017
3.000%
2018
3.000%
2019
3.000%
2020
3.000%
2021
3.000%
2022
3.250%
2023
3.250%
2024
3.500%
2025
3.500%
2026
3.500%
2027
3.500%
PIPER JAFFRAY & CO.
2013
3.000%
$2,923,058.00
$629,221.51
2.8463%
Minneapolis, Minnesota
2014
3.000%
2015
3.000%
2016
3.000%
2017
3.000%
2018
3.000%
2019
3.000%
2020
3.000%
2021
3.000%
2022
3.500%
2023
3.500%
2024
3.500%
2025
3.750%
2026
3.750%
2027
3.750%
� � (-q-)
CERTIFICATION OF MINUTES RELATING TO
$2,835,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2011A
Issuer: City of Hutchinson, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting, held on October 11, 2011.
at 5:30 o'clock p.m., in the Council Chambers at the Hutchinson City Center.
Councilmembers present:
Councilmembers absent:
Documents Attached:
Minutes of said meeting (pages): 1 through 21
RESOLUTION NO. 13926
RESOLUTION RELATING TO $2,835,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2011A; 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, 2011.
(SEAL)
Jeremy Carter
City Administrator
The City Administrator reported that (_ ) proposals had been received by the
City prior to 10:00 A.M., Central Daylight Time today for the purchase of the Bonds in
accordance with the Terms of Proposal for the $2,835,000 General Obligation Improvement
Bonds, Series 201 IA of the City as previously approved by a resolution of the City Council. The
bids have been read and tabulated, and the terms of each have been determined to be as follows:
Name of Bidder
Bid for Interest
Principal Rates
(See Attached)
Total Interest
Cost -Net Average
Rate
� L)
Councilmember
introduced the following resolution and
moved its adoption, the reading of which was dispensed with by unanimous consent:
RESOLUTION NO. 13926
RESOLUTION RELATING TO $2,835,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2011A; AUTHORIZING THE
ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND
DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY
THEREOF AND THE SECURITY THEREFOR AND LEVYING AD
VALOREM TAXES FOR THE PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the City),
as follows:
Section 1. Recitals.
1.01. Authorization. This Council has heretofore ordered various local improvement
projects designated as the School Road NW Improvements, Industrial Boulevard SE
Improvements, Energy Park Wear Course Placement, 2011 Pavement Management Program
Phase 1, 2011 Pavement Management Program Phase 2, Plaza 5 Parking Lot Improvements and
Trunk Highway 15 Water Main Lining (together, the Improvements), to be constructed within
the City under and pursuant to Minnesota Statutes, Chapter 429. The present estimated total cost
of the Improvements is as follows:
Project Costs $2,853,000
Contingency 2,295
Discount Allowance 28,350
Cost of Issuance 35,500
TOTAL 2 9145
This Council has previously determined to issue and sell $2,835,000 principal amount of General
Obligation Improvement Bonds, Series 2011 A, of the City (the Bonds) to 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, and
$28,350 representing interest as provided in Minnesota Statutes, Section 475.56. The remaining
costs of the Improvements will be paid from City funds and from interest earnings on proceeds
of the Bonds.
1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent
financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are
being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without
meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision
1. Pursuant to the Terms and Conditions of Sale for the Bonds, (_J sealed bids for
the purchase of the Bonds were received at or before the time specified for receipt of bids. The
bids have been opened and publicly read and considered, and the purchase price, interest rates
c�L)
and net interest cost under the terns of each bid have been determined. The most favorable
proposal received is that of , of ,
(the Purchaser), to purchase the Bonds at a price of $ the Bonds to bear interest
at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the
City Administrator are hereby authorized and directed to execute a contract on the part of the
City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful
bidders shall be returned forthwith.
1.03. Issuance of Bonds. All acts, conditions and things required by the Constitution and
laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to the
issuance of the Bonds have been done, do exist, have happened, and have been performed,
wherefore it is now necessary for this Council to establish the form and terms of the Bonds, to
provide for the security thereof, and to issue the Bonds forthwith.
1.04. Maturities. This Council finds and determines that the maturities of the Bonds, as
set forth in Section 3.01 hereof, are warranted by the anticipated collection of the assessments
and ad valorem taxes to be levied for the cost of the Improvements.
1.05. Consolidation of Improvements. Pursuant to Minnesota Statutes, Section 435.56,
the Improvements are hereby consolidated and joined as one project.
form:
Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF McLEOD
CITY OF HUTCHINSON
GENERAL OBLIGATION
IMPROVEMENT BOND, SERIES 2011A
No. R- $
Date of
Rate Maturity Oriainal Issue CUSIP
February 1, _ November 2, 2011
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "City "), acknowledges
itself to be indebted and, for value received, hereby promises to pay to the registered owner
above named, the principal amount indicated above, on the maturity date specified above, with
interest thereon from the date of original hereof specified above at the annual rate specified
�L)
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, 2012, to the person in whose name
this Bond is registered at the close of business on the l 5th 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 $2,835,000 (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 11,
2011 (the "Resolution ") to pay the cost of construction of local improvements in the City (the
"Improvements "), and is issued pursuant to and in full conformity with the provisions of the
Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota
Statutes, Chapters 429 and 475. This Bond is payable primarily from the 2011 Improvement
Bond Fund (the "Fund ") of the City, but the City is required by law to pay maturing principal
hereof and interest thereon out of any funds in the treasury if moneys on hand in the Fund are
insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of
$5,000 or any integral multiple thereof, of single maturities.
Bonds maturing in the years 2013 through 2021 are payable on their respective stated
maturity dates without option of prior payment, but Bonds having stated maturity dates in the
years 2022 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, 2021 and
on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus
interest accrued to the date of redemption.
[Bonds maturing on February 1, 20 are subject to mandatory redemption, at a
redemption price equal to their principal amount plus interest accrued thereon to the redemption
date, without premium, on February 1 in each of the years shown below, in an amount equal to
the following principal amounts:
Sinking Fund Aggregate
Payment Date Principal Amount
20 $
20 (maturity)
At least thirty days prior to the date set for redemption of any Bond, notice of the call for
redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be
redeemed at his address appearing in the Bond Register, but no defect in or failure to give such
mailed notice of redemption shall affect the validity of proceedings for the redemption of any
Bond, not affected by such defect or failure. Official notice of redemption having been given as
aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date,
Wo
become due and payable at the redemption price herein specified and from and after such date
(unless the City shall default in the payment of the redemption price) such Bond or portions of
Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or
Bonds will be delivered to the registered owner without charge, representing the remaining
principal amount outstanding.
The Bonds have been designated by the City as "qualified tax - exempt obligations"
pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by
the registered owner hereof in person or by his attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or his attorney; and may also be surrendered in exchange
for Bonds of other authorized denominations. Upon such transfer or exchange, the City will
cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the
same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose
of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall
be affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to
make it a valid and binding general obligation of the City according to its terms have been done,
do exist, have happened and have been performed as so required; that prior to the issuance hereof
the City has levied or agreed to levy special assessments on property specially benefitted by the
Improvements and ad valorem taxes on all taxable property within the City, collectible in the
years and amounts required to produce sums not less than 5% in excess of the principal of and
interest on the Bonds as such principal and interest respectively become due, and has
appropriated the same to the Fund in the manner specified in Minnesota Statutes, Section
429.091, Subdivision 4; that, to take care of any accumulated or anticipated deficiency in the
Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in
the City without limitation as to rate or amount; and that the issuance of this Bond does not cause
the indebtedness of the City to exceed any charter, constitutional or statutory limitation.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Bond Registrar by manual signature of the Bond Registrar, or in the event
the City Finance Director is no longer acting as Bond Registrar, one of the authorized
representatives of the Bond Registrar.
0
L)
IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota,
by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the
City Administrator and has caused this Bond to be dated as of the date set forth below.
CITY OF HUTCHINSON, MINNESOTA
City Administrator
CERTIFICATE OF AUTHENTICATION
Mayor
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
BOND TRUST SERVICES CORPORATION,
as Bond Registrar
LM
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to the applicable laws or
regulations:
TEN COM — as tenants
in common
TEN ENT — as tenants
by the entireties
JT TEN — as joint tenants with right
of survivorship and not
as tenants in common
UNIF TRANS MIN ACT ........ ........Custodian..............
(Cust) (Minor)
under Uniform Transfers to Minors
Act.................... ...............................
(State)
Additional abbreviations may also be used.
ASSIGNMENT
5
I1�)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
the
within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney
to transfer the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE:
Signature(s) must be guaranteed by an "eligible
guarantor institution" meeting the requirements
of the Bond Registrar, which requirements
include membership or participation in the
Securities Transfer Association Medalion
Program (STAMP) or such other "signature
guaranty program" as may be determined by
the Bond Registrar in addition to or in
substitution for STAMP, all in substitution
for STAMP, all in accordance with the
Securities Exchange Act of 1934, as amended.
NOTICE: This signature(s) to this
assignment must correspond with the name
as it appears upon the face of the within
Bond in every particular, without alteration,
enlargement or any change whatsoever.
[End of Bond Form)
Section 3. Bond Terms, Execution and Delivery.
3.01. Maturities Interest Rates, Denominations, Payment. The City shall forthwith issue
and deliver the Bonds, which shall be denominated "General Obligation Improvement Bonds,
Series 2011A" and shall be payable primarily from the 2011 Improvement Bond Fund created in
Section 4.02 hereof. The Bonds shall bear a date of original issue as of November 2, 2011, shall
be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on
February 1 in the years and amounts set forth below, and Bonds maturing in such years and
amounts shall bear interest from the date of original issue until paid or duly called for redemption
at the rates per annum shown opposite such years and amounts as follows:
0 L)
Year
Amount Rate
Year
Amount Rate
2013
$205,000
2021
$215,000
2014
220,000
2022
220,000
2015
215,000
2023
130,000
2016
215,000
2024
135,000
2017
215,000
2025
135,000
2018
215,000
2026
140,000
2019
215,000
2027
145,000
2020 215,000
The Bonds shall be issuable only in fully registered form. The interest thereon and, upon
surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued
by the Registrar described herein. Each Bond shall be dated by the Registrar as of the date of its
authentication.
3.02. Dates• Interest Payment Dates. Interest on the Bonds shall be payable on
February 1 and August 1 in each year, commencing August 1, 2012, to the owner of record
thereof as of the close of business on the fifteenth day of the immediately preceding month,
whether or not such day is a business day. Interest on the Bonds will be computed on the basis
of a 360 -day year consisting of twelve 30 -day months and will be rounded pursuant to the rules
of the Municipal Securities Rulemaking Board.
3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer
agent and paying agent (the Registrar). The effect of registration and the rights and duties of the
City and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a bond
register in which the Registrar shall provide for the registration of ownership of Bonds
and the registration of transfers and exchanges of Bonds entitled to be registered,
transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner in writing, the Registrar shall
authenticate and deliver, in the name of the designated transferee or transferees, one or
more new Bonds of a like aggregate principal amount and maturity, as requested by the
transferor. The Registrar may, however, close the books for registration of any transfer
after the fifteenth day of the month preceding each interest payment date and until such
interest payment date.
(c) Exchange of Bonds. Whenever any Bond is surrendered by the registered
owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered owner or
the owner's attorney duly authorized in writing.
7
11(��
(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
cancellation of any such mutilated Bond or in lieu of and in substitution for any such
Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges
of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or
destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was
lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the
Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory
to it, in which both the City and the Registrar shall be named as obligees. All Bonds so
surrendered to the Registrar shall be cancelled by it and evidence of such cancellation
shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already
matured or been called for redemption in accordance with its terms, it shall not be
necessary to issue a new Bond prior to payment.
3.04. Appointment of Initial Registrar. The City hereby appoints Bond Trust Services
Corporation in Roseville, Minnesota, as the initial Registrar. The Mayor and City Finance
Director are authorized to execute and deliver, on behalf of the City, a contract with Bond Trust
Services Corporation, as Registrar. Upon merger or consolidation of the Registrar with another
corporation, if the resulting corporation is a bank or trust company authorized by law to conduct
such business, such corporation shall be authorized to act as successor Registrar. The City
agrees to pay the reasonable and customary charges of the Registrar for the services performed.
The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the
appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all
cash and Bonds in its possession to the successor Registrar. On or before each principal or
8
interest due date, without further order of this Council, the City Finance Director shall transmit
to the Registrar from the 2011 Improvement Bond Fund described in Section 4.02 hereof,
moneys sufficient for the payment of all principal and interest then due.
3.05. Redemption. (a) Bonds maturing in the years 2013 through 2021 shall not be
subject to redemption prior to maturity, but Bonds maturing in the years 2022 and thereafter shall
each be subject to redemption and prepayment, at the option of the City, in whole or in part, and
if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal
amounts selected by the Registrar by lot, on February 1, 2021 and on any date thereafter at a
price equal to the principal amount thereof to be redeemed plus interest accrued to the date of
redemption.
[(b) Bonds maturing on February 1, 20_ (the Tenn Bonds) shall be subject to
mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section
3.05 at a redemption price equal to the stated principal amount thereof plus interest accrued
thereon to the redemption date, without premium. The Registrar shall select for redemption, by
lot or other manner deemed fair, on February 1 in each of the following years the following
stated principal amounts of such Bonds:
Year Amount
20
20—*
*Final Maturity]
(c) At least thirty days prior to the date set for redemption of any Bond, the City
Administrator shall cause notice of the call for redemption to be mailed to the Registrar and to
the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed
notice of redemption shall affect the validity of proceedings for the redemption of any Bond not
affected by such defect or failure. The notice of redemption shall specify the redemption date,
redemption price, the numbers, interest rates and CUSIP numbers of the Bonds to be redeemed
and the place at which the Bonds are to be surrendered for payment, which is the principal office
of the Registrar. Official notice of redemption having been given as aforesaid, the Bonds or
portions thereof so to be redeemed shall, on the redemption date, become due and payable at the
redemption price therein specified and from and after such date (unless the City shall default in
the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest.
In addition to the notice prescribed by the preceding paragraph, the City shall also give,
or cause to be given, notice of the redemption of any Bond or Bonds or portions thereof at least
35 days before the redemption date by certified mail or telecopy to the Purchaser and all
registered securities depositories then in the business of holding substantial amounts of
obligations of the character of the Bonds (such depositories now being The Depository Trust
Company, of Garden City, New York; Pacific Securities Depository Trust Company, of San
Francisco, California; and Philadelphia Depository Trust Company, of Philadelphia,
Pennsylvania) and one or more national information services that disseminate information
regarding municipal bond redemptions; provided that any defect in or any failure to give any
I I (�-)
notice of redemption prescribed by this paragraph shall not affect the validity of the proceedings
for the redemption of any Bond or portion thereof.
Bonds in a denomination larger than $5,000 may be redeemed in part in any integral
multiple of $5,000. The owner of any Bond redeemed in part shall receive, upon surrender of
such Bond to the Registrar, one or more new Bonds of such same series in authorized
denominations equal in principal amount to the unredeemed portion of the Bond so surrendered.
3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the
City Administrator and shall be executed on behalf of the City by the signatures of the Mayor
and the City Administrator. In case any officer whose signature shall appear on the Bonds shall
cease to be such officer before the delivery of any Bond, such signature shall nevertheless be
valid and sufficient for all purposes, the same as if such officer had remained in office until
delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose
or entitled to any security or benefit under this resolution unless and until a certificate of
authentication on the Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be
signed by the same representative. The executed certificate of authentication on each Bond shall
be conclusive evidence that it has been authenticated and delivered under this resolution. When
the Bonds have been so executed and authenticated, they shall be delivered by the City
Administrator to the purchaser thereof upon payment of the purchase price in accordance with
the contract of sale heretofore made and executed, and the purchaser shall not be obligated to see
to the application of the purchase price.
3.07. Securities Depository. (a) For purposes of this Section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York, New York.
"Participant" shall mean any broker - dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter from the City to DTC.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register in the name
of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
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Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or
required to be given to owners of Bonds under this resolution, with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC,
the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all
such payments shall be valid and effective to fully satisfy and discharge the City's obligations
with respect to the principal of and interest on the Bonds to the extent of the sum or sums so
paid. No person other than DTC shall receive an authenticated Bond for each separate stated
maturity evidencing the obligation of the City to make payments of principal and interest. Upon
delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and
the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance
with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect
to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC by the Mayor, in the
form presented to this Council with such changes, omissions, insertions and revisions as the
Mayor shall deem advisable, is hereby authorized, and execution of the Representation Letter by
the Mayor shall be conclusive evidence of such approval. The Representation Letter shall set
forth certain matters with respect to, among other things, notices, consents and approvals by
registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The
Registrar shall have the same rights with respect to its actions thereunder as it has with respect to
its actions under this resolution.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b)
or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions
of this resolution shall also apply to all matters relating thereto, including, without limitation, the
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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. 2011 Improvement Construction Fund. There is hereby created a special
bookkeeping fund to be designated as the "2011 Improvement Construction Fund" (hereinafter
referred to as 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 Bonds, and (b) all collections of special assessments
levied for the Improvements until completion and payment of all costs of the Improvements.
The Construction Fund shall be used solely to defray expenses of the Improvements, including
but not limited to the transfer to the Bond Fund, created in Section 4.02 hereof, of amounts
sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the
completion and payment of all costs of the Improvements and the payment of the expenses
incurred by the City in connection with the issuance of the Bonds set forth in Section 8 hereof.
Upon completion and payment of all costs of the Improvements, any balance of the proceeds of
Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of
any other improvements instituted pursuant to the Act, as directed by the City Council, but any
balance of such proceeds not so used shall be credited and paid to the Bond Fund.
4.02. 2011 Improvement Bond Fund. So long as any of the Bonds are outstanding and
any principal of or interest thereon unpaid, the City Finance Director shall maintain a separate
and special bookkeeping fund designated "2011 Improvement Bond Fund" (hereinafter referred
to as the Bond Fund) to be used for no purpose other than the payment of the principal of and
interest on the Bonds and on such other improvement bonds of the City as have been or may be
directed to be paid therefrom. The City irrevocably appropriates to the Bond Fund (a) the
collections of special assessments and other funds to be credited and paid thereto in accordance
with the provisions of Section 4.0 1, (b) any taxes levied in accordance with this resolution, (c) all
income derived from the investment of amounts on hand in the Bond Fund, and (d) all such other
moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance
in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds
payable therefrom, the payment shall be made from any fund of the City which is available for
that purpose, subject to reimbursement from the Bond Fund when the balance therein is
sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to
take care of any accumulated or anticipated deficiency, which levy is not subject to any
constitutional or statutory tax limitation.
There are hereby established two accounts in the Bond Fund, designated as the "Debt
Service Account" and the "Surplus Account." All money appropriated or to be deposited in the
Bond Fund shall be deposited as received into the Debt Service Account. On each February 1,
the City Finance Director shall determine the amount on hand in the Debt Service Account. If
such amount is in excess of one - twelfth of the debt service payable from the Bond Fund in the
immediately preceding 12 months, the City Finance Director shall promptly transfer the amount
in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to
be transferred thereto from the Debt Service Account as herein provided and all income derived
from the investment of amounts on hand in the Surplus Account. If at any time the amount on
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hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the
City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus
Account to the extent necessary to cure such deficiency.
The City reserves the right to establish a revolving fund pursuant to Minnesota Statutes,
Section 429.091, subdivision 7a, and to provide that the Bonds shall be payable from such
revolving fund. If the City determines to establish such a revolving fund and to provide that the
Bonds are payable therefrom, then any remaining amounts in the Construction Fund shall be
deposited in the construction account in the revolving fund and amounts in the Bond Fund shall
be deposited in the debt service account in the revolving fund. Any future collections of special
assessments levied with respect to the Improvements shall be deposited in the construction
account or debt service account as the City Council or an officer designated by the City Council
may determine.
4.03. Additional Bonds. The City reserves the right to issue additional bonds payable
from the Bond Fund as may be required to finance costs of the Improvements not financed
hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy
or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if
any, which, together with other moneys or revenues pledged for the payment of said additional
obligations, will produce revenues at least five percent (5 %) in excess of the amount needed to
pay when due the principal and interest on all bonds payable from the Bond Fund. The
additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or
agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided
by Minnesota Statutes, Section 475.61.
4.04. Levy of Special Assessments. The City hereby covenants and agrees that for
payment of the cost of each of the Improvements it will do and perform all acts and things
necessary for the full and valid levy of special assessments against all assessable lots, tracts and
parcels of land benefited thereby and located within the area proposed to be assessed therefor,
based upon the benefits received by each such lot, tract or parcel, in an aggregate principal
amount not less than twenty percent (20 %) of the cost of the Improvements. In the event that
any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of
land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by
the City or this Council or any of the City's officers or employees, either in the making of such
assessment or in the performance of any condition precedent thereto, the City and this Council
hereby covenant and agree that they will forthwith do all such further acts and take all such
further proceedings as may be required by law to make such assessments a valid and binding lien
upon such property. The Council presently estimates that the special assessments shall be in the
principal amount of $970,707.00 payable in not more than 10 installments, the first installment to
be collectible with taxes during the year 2012, and that deferred installments shall bear interest at
the rate of 3.55% per annum from the date of the resolution levying said assessment until
December 31 of the year in which the installment is payable.
4.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are
irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds
as the same become respectively due. For the purpose there is hereby levied upon all of the
taxable property of the City a direct, annual ad valorem tax, which shall be spread upon the tax
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rolls prepared in each of the following years and collected with other taxes in the following years
and amounts as follows:
Levy
Collection
Year
Year Amount
2011
2012 $
2012
2013
2013
2014
2014
2015
2015
2016
2016
2017
2017
2018
2018
2019
2019
2020
2020
2021
2021
2022
2022
2023
2023
2024
2024
2025
2025
2026
The foregoing tax levies are such that if collected in full they will produce at least five percent
(5 %) in excess of the amount needed to pay when due the principal of and interest on the Bonds.
This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are
outstanding and unpaid; provided that the City reserves the right and power to reduce the levies
in the manner and to the extent permitted by Minnesota Statutes, Section 475.61.
4.06. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably
pledged for the prompt and full payment of the principal of and the interest on the Bonds, and the
Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants
contained in this resolution. It is estimated that the taxes and special assessments levied and to
be levied for the payment of the Improvements will be collected in amounts not less than five
percent (5 %) in excess of the annual principal and interest requirements of the Bonds. If the
money on hand in the Bond Fund should at any time be insufficient for the payment of principal
and interest then due, this City shall pay the principal and interest out of any fund of the City,
and such other fund or funds shall be reimbursed therefor when sufficient money is available to
the Bond Fund. If on February I in any year the sum of the balance in the Bond Fund plus the
amount of taxes and special assessments theretofore levied for the Improvements and collectible
through the end of the following calendar year is not sufficient to pay when due all principal and
interest become due on all Bonds payable therefrom in said following calendar year, or the Bond
Fund has incurred a deficiency in the manner provided in this Section 4.06, a direct, irrepealable,
ad valorem tax shall be levied on all taxable property within the corporate limits of the City for
the purpose of restoring such accumulated or anticipated deficiency in accordance with the
provisions of this resolution.
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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
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
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 any other improvements financed pursuant to Section 4.01 will be owned and
maintained by the City and available for use by members of the general public on a substantially
equal basis. The City shall not enter into any lease, use or other agreement with any non-
governmental person relating to the use of such improvements or security for the payment of the
Bonds which might cause the Bonds to be considered "private activity bonds" or "private loan
bonds" within the meaning of Section 141 of the Code.
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6.04. Exemption from Rebate Requirement. For purposes of complying with the
requirements of Section 148(f)(4)(D) of the Code relating to the exemption of certain small
governmental units from the rebate requirements of the Code, the City represents that:
(i) the City is a governmental unit with general taxing powers;
(ii) the Certificates are not "private activity bonds" as defined in Section 141
of the Code ( "Private Activity Bonds ");
(iii) ninety -five percent of the net proceeds of the Certificates are to be used
for the local governmental purposes of the City; and
(iv) the aggregate face amount of all tax- exempt bonds (other than Private
Activity Bonds and refunding bonds not taken into account under Section
148(f)(4)(D)(i)(IV) of the Code pursuant to Section 148(f)(4)(D)(iii) of the
Code) issued by the City in 2011 is not reasonably expected to exceed
$5,000,000.
Therefore, pursuant to the provisions of Section 148(f)(4)(D) of the Code, the City shall
not be required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of
Section 148(f) of the Code.
6.05. Arbitrage Certification. The Mayor and City Administrator, being the officers of
the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are
authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
the provisions of Section 148 of the Code, and Section 1.148- 2(b)(2) of the Regulations, stating
the facts and estimates in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations.
6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified tax -
exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of
interest expenses for financial institutions. The City represents that in calendar year 2011 it does
not reasonable expect to issue tax- exempt obligations which are not private activity bonds (not
treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for
purposes of this representation) in an amount in excess of $30,000,000.
6.07. Official Statement. The Official Statement relating to the Bonds, dated
September 29, 2011, 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.
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 original purchaser and other participating underwriters in the primary offering of the
Bonds to comply with amendments to Rule 15c2 -12 promulgated by the Securities and Exchange
Commission (the "SEC ") under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12),
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relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule "),
which will enhance the marketability of the Bonds, the City hereby makes the following
covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to
time of the Outstanding Bonds (as hereinafter defined). 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 7, 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 7, 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 7 constitute a
default under the Bonds or under any other provision of this resolution.
As used in this Section 7, "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 (b) is treated as the owner of the
Bond for federal income tax purposes. As used herein, "Outstanding " means when used with
reference to Bonds means all Bonds which have been issued and authenticated by the Registrar
except (i) Bonds which have been paid in full (ii) Bonds which have been cancelled by the
Registrar or surrendered to the Registrar for cancellation and (iii) Bonds which have been
discharged as provided in Section 6 hereof.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in
subsection (c) hereof, either directly or indirectly through an agent designated by the City, the
following information at the following times:
(1) on or before 365 days after the end of each fiscal year of the City,
commencing with the fiscal year ending December 31, 2012 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 generally accepted accounting
principles 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
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therefrom and the effect thereof, and certified as to accuracy and
completeness in all material respects by the fiscal officer of the City; and
(B) To the extent not included in the financial statements referred
to in paragraph (A) hereof, the information for such fiscal year or for the
period most recently available of the type set forth below, which
information may be unaudited, but is to be certified as to accuracy and
completeness in all material respects by the fiscal officer of the City, to the
best of his or her knowledge, which certification may be based on the
reliability of information obtained from governmental or other third party
sources:
Current Property Valuations; Direct Debt; Tax Levies and
Collections; Population Trend; Employment/Unemployment.
Notwithstanding the foregoing paragraph, if the audited financial statements are not
available by the date specified, the City shall provide on or before such date unaudited financial
statements in the format required for the audited financial statements as part of the Disclosure
Information and, within 10 days after the receipt thereof, the City shall provide the audited
financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is
updated as required hereby, from other documents, including official statements, which have
been submitted to each of the repositories hereinafter referred to under subsection (b) or the SEC.
If the document incorporated by reference is a final official statement, it must be available from
the Municipal Securities Rulemaking Board. 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) of this subsection (b)), 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 7 is amended as permitted by this
paragraph (1) or subsection (d), then the City shall include in the next Disclosure Information to
be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment
and the effect of any change in the type of financial information or operating data provided.
(2) In a timely manner, notice of the occurrence of any of the following events which is a
Material Fact (as hereinafter defined):
(A) Principal and interest payment delinquencies;
(B) Non - payment related defaults, if material;
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(C) Unscheduled draws on debt service reserves reflecting financial
difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions or events affecting the tax - exempt status of the
security;
(G) Modifications to rights of security holders;
(H) Bond calls;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the
securities;
(K) Rating changes;
(L) Bankruptcy, insolvency, receivership or a similar event with respect to the
City;
(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; and
(N) Appointment of a successor or additional trustee or the change of name of
a trustee, if material.
As used herein, a "Material Fact" is a fact as to which a substantial likelihood exists that
a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a
Bond or, if not disclosed, would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a "Material Fact' is also an
event that would be deemed "material" for purposes of the purchase, holding or sale of a Bond
within the meaning of applicable federal securities laws, as interpreted at the time of discovery of
the occurrence of the event.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information
required under paragraph (1) of this subsection (b) at the time specified
thereunder;
(B) the amendment or supplementing of this Section 7 pursuant to
subsection (d), together with a copy of such amendment or supplement and
any explanation provided by the City under paragraph (2) of subsection (d);
(C) the termination of the obligations of the City under this Section 7
pursuant to subsection (d);
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(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared; and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure. The City agrees to make available the information described
in subsection (b) as follows:
(1) The City agrees to make available to the MSRB, in an electronic format as
prescribed by the MSRB from time to time, the information described in subsection (b).
(2) 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 7 shall remain in effect so long as any
Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the
City under this Section 7 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 7 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 7 (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 (3) of subsection (b)) 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 7 as so amended or supplemented would have complied with the requirements of
paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any
change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect
and interpreted at the time of the amendment or supplement was in effect at the time of the
primary offering; and (iii) such amendment or supplement does not materially impair the
interests of the Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the reasons for
the amendment and the effect, if any, of the change in the type of financial information or
operating data being provided hereunder.
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(3) This Section 7 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 Klein Bank, on the closing date for further distribution as directed by the
City's financial advisor, Ehlers & Associates, Inc.
Attest:
Mayor
City Administrator
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.
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i 1 (R)
COUNTY AUDITOR'S CERTIFICATE
AS TO BOND 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
Resolution No. adopted October 11, 2011, by the City Council of the City of
Hutchinson, Minnesota, setting forth the form and details of an issue of $2,835,000 General
Obligation Improvement Bonds, Series 2011A, dated as of November 2, 2011, 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 2011.
McLeod County Auditor
(SEAL)
4826- 8921- 3953 \1 1 I
An Economic Development Authority
MEMORANDUM
Date: October 4, 2011
To: Honorable Mayor & City Council
From: Miles R. Seppelt
Economic Development Director
RE: Economic Development Marketing Campaign
At the suggestion of the Mayor, for the past several months the EDA has been evaluating the idea of
developing a marketing campaign to aid in our economic development efforts.
To assist us in this process, we've been having discussions with Vivid Image and Moxie Media to develop
a concept of what such a marketing plan could potentially include. In addition, this past September I
attended a two -day course on "Economic Development Marketing & Attraction," offered by the
International Economic Development Council.
From this process we've made two key findings:
FINDING ONE
❑ Thousands of companies need new or expanded space each year
❑ The internet is # 1 tool for site selection.
• Majority of site selection work is done by company executives
• Also, site selection professionals make extensive use of the internet
❑ Social Media — "New Media"— is utilized far more than we think
❑ Social media, such as Facebook f Linkedln l Twitter, etc. are all monitored by Google and drive
up our Google ranking
❑ The more times "Hutchinson" appears on any social media site the higher our ranking goes on
Google
❑ The proposed marketing effort
• WON'T drive relocations or expansion, but
• WILL put Hutchinson on the radar for those companies already considering relocation /
expansion
FINDING TWO
❑ The prevailing media message about Hutchinson is not the best. Recent news stories have been
about:
• Layoffs
• Downsizing, etc.
❑ That is our reputation right now.
❑ While we cannot control the message, we can positively influence the message that's getting out
there.
❑ Our message needs to be something along the lines of: "Hutchinson comes charging back."
That should be the theme.
❑ We have a lot of positive news that needs to get out there:
o Hutchinson builds new industrial park
o Hutchinson obtains "shovel ready" site certification (only 11 in MN)
o Hutchinson establishes new $1.2 million revolving loan fund
o Hutchinson joins Minnesota Angel Network (only 4 in MN)
o Hutchinson creates new EDA web -site
• Hutchinson does award - winning economic development
• Hutchinson launches 21" century media campaign
PROPOSAL
❑ Launch a media campaign to:
• Drive a positive message about Hutchinson
• Establish social media presence (thereby driving up our Google ranking)
• Make "Hutchinson" synonymous with "economic development" in Minnesota
REQUEST
City Council authorization for the City to contribute JZM for this effort, to be matched by the Hutchinson
EDA.
QUESTIONS
I will be in attendance at the October 11`" City Council meeting to make a short presentation and answer
any questions the Council may have.
In the meantime, if you have any questions or need additional information, please give me a call at 234-
4223.
� (S)
Mortgage Modification Agreement
This agreement, made as of the day of , between
the McLeod County Rail Authority, a political subdivision of the State of Minnesota, hereinafter referred
to as Mortgagee, and, hereinafter referred to as City of Hutchinson, a Minnesota municipal corporation
Mortgagor.
WITNESSETH:
WHEREAS, the Mortgagee is the holder of that certain Mortgage dated the 12ih day of August, 2004,
made by the City of Hutchinson, a Minnesota municipal corporation, as mortgagor, to the McLeod
County Rail Authority, a political subdivision under the laws of the State of Minnesota, as mortgagee, in
the principal sum of $570,000.00 which mortgage is a valid mortgage liens upon the premises situated in
Hutchinson, McLeod County, Minnesota, as more particularly described in Exhibit A, annexed hereto and
made a part hereof, as well as the Promissory Note dated August 12, 2004, in the principal sum of five
hundred seventy thousand dollars ($570,000.00) affecting these premises on which there is now due and
owing the sum of three hundred sixty thousand dollars ($360,000.00) as provided in said Promissory
Note; and
WHEREAS, the parties hereto desire to reduce the term of the $570,000.00 Mortgage and Promissory
Note;
NOW, THEREFORE, in consideration of ninety thousand dollars ($90,000.00) paid by the Mortgagor to
the Mortgagee and other good and valuable consideration, the receipt and sufficiency whereof are hereby
acknowledged, the parties hereto agree as follows:
\ 1tc)
Section 1. The Mortgagee agrees to and does hereby reduce the time of payment of the principal
indebtedness evidenced by the Promissory Note and secured by the Mortgage so that the Promissory Note
shall be due and payable on July 12, 2021.
Section 2. The Mortgagee acknowledges that Mortgagor has made certain payments of principal to
Mortgagee such that the current outstanding principal balance on the Promissory Note, exclusive of
interest and other charges, if any, has been reduced to three hundred sixty thousand dollars ($360,000.00).
Section 3. That upon payment of the consideration as mentioned above the Mortgagee shall release the
real estate attached hereto as Exhibit B from said Mortgage.
Section 4. The Mortgagor, in consideration of the above reduction, does hereby covenant and agree to pay
said principal sum, interest, and all accrued interest, including interest that has accrued on said promissory
note to date, if any, all in accordance with the terms of the Promissory Note as hereby reduced, and to
comply with all other terms of the Promissory Note and Mortgages as hereby reduced.
Section S. The Mortgagor further covenants with the Mortgagee that the principal, interest, and all
accrued interest, if any, hereby agreed to be paid shall be a lien on the mortgaged premises and be secured
by the Promissory Note and Mortgages and that when the terns and provisions contained in the
Promissory Note and Mortgages in any way conflict with the terms and provisions contained in this
Modification Agreement, the terms and provisions herein contained shall prevail, and that except as
modified by this Modification Agreement, the Promissory Note and Mortgages are hereby ratified and
confirmed.
Section 6. This Modification Agreement, and all of its terms and provisions heretofore and hereinafter set
forth, shall bind and inure to the benefit of the parties hereto and their successors and assigns and may not
be changed or terminated orally.
IN WITNESS WHEREOF, the parties have duly executed this agreement as of the day and year first
above written.
CITY OF HUTCHINSON
By:
ME
Steven W. Cook, Mayor Jeremy J. Carter, City Administrator
MCLEOD COUNTY RAIL AUTHORITY
By:
Its: CC)
All that portion of the former Minneapolis Industrial Railway Company's
Northern Inc. now
'property conveyed. to Burlington January Burlington Northern
for record
Railroad Company) by Quitclaim Deed dated Janur 15, 1913.
1973, io Booke154 of Register eedsonfp gesd521- 527�described, Minnesota 21,
PARCEL I
that part of the SE; of the SEk of Section 369 T117N, R30W of the Fifth
Principal Meridian McLeod County. Minnesota described as follows, to wit:
Commencing at a point in the East line of the SU of the SE1 of Section
36, T117N, R30W, distant 300 feet South of the Northeast corner thereof,
thence Southwesterly on a tangent line for a distance of 1353 feet. more
or less, to a point in the West line of said 40 acres, distant 562 feet
South of the Northwest corner thereof. thence South in said Nest line to ecried
a point being 100 feet South of first above withsandb1001feet South right
angles to same, thence Northeasterly P s
above first described line a distance of 730 feet thence Southeasterly on
a right curve with a radius of 428.3 feet a distance of 618 feet. thence
SoutheasterthenceaSoutheasterly to a point ion the North fshore line aofethe
Crow river, being approximately 60 feet West of the East boundary line,
thence East along said shore line to said East boundary line c said
acres. thence North in said line to point of beginning, acco o
ording t to
location now made over and across said 40. acres.' Land herein conveyed
and described containing.approximately 6.4 acres of land; said described A.
parcel being the same premises conveyed from H. L. Merril a
Deed filed for
Merrill to the Electric Short Line Railway Company by
Record in the Register of Deeds Office for McLeod County on April 20,
1916. in Book 40 of Deeds. on PagoximatelyerailroadiStation 2968 +00.
described 40 acre tract being at app
EXCEPT the Northerly 100.00 feet, as measured perpendicular to the northerly
line, thereof. PARCEL 2
That part of Block 26, Tawn ;i'te of Hutchinson, Mi. lying Southeasterly of feet
angles, pfrall l w th and, eista tt 50 main trackwof ether former eMinneapolis
Industrial Railway Company, as said main track is now located. ALSO: That
part of Lots It 2 and 3 in Block 36 in said, Towns of Hutchinson. ea, lying
Northwesterly of a line parallel with and distant 50 feet Southeasterly, track of
measured radially, from the centerline of the East leg of the wYe formerly
said Railway Company. ALSO: That part of vacated Aconw Avenue,
Fifth Street, lying between said Blocks 26 and 36.
w, AR,P CEL 3
That part of Lots 6, 7. 8, Y and 10vacated alle
, and the vy, if any, el
Block 27, Townsite of Hutchinson. Na, lying Southeasterly of a line Parallel
with and distant 50 feet Northwesterly, measured at right angles from the
A- 346314
I)( C-)
centerline of the main track of the former Minneapolis Industrial Railway
Company, as said main track is now located.
PARCEL 4 '
That part of Lots 1, 2. 3, 4, 6, 7, 8, 9 and 10 in Block 18, Townsite of
Hutchinson, N1, together with that part of the vacated alley in said Block 28.
and together with that part of the W1 of vacated Water Street, all of the
foregoing parts which measured Northwesterly
angles line
from the parallel
c nterline of distant
main
feet Southeasterly, 9 9
track of the former Minneapolis Industrial Railway Company, as said main track
is now located, and which lie Southeasterly of the following described line'
Beginning at the Northwest corner of said Lot 6 (as originally p
thence Northeasterly to a point 6.8 feet South of the Southeast corner of Lot
5 (as originally platted) in said Block; thence Northeasterly to a point 0.9
feet South of the Southeast corner of said Lot 4 (as originally platted);
thence Northeasterly to a point on the East line of said Lot 3 (as originally
platted) distant 4.3 feet North of the Southeast corner thereof; thence
Northeasterly to a point on the East line of said Lot 2 (as originally
platted), distant 11.3 feet North of the Southeast corner thereof; thence
Northerly along said East line of Lot 2, being also the West line of said Lot
1, to a point distant 110 feet South of the Northwest corner of said Lot 1 (as
originally platted); thence Northeasterly to a point on the East line of said
Lot 1, distant 97 feet South of the Northeast corner thereof; thence
continuing Northeasterly along said line extended 23 feet; thence Easterly to
a point an the centerline of vacated Water Street which is 90.4 feet South of
the South line of Third Avenue North, and there terminating.
PARCEL 5
Thaz part of Lots 1, 29 3. 4, 5, 6 and 7 in Block 29, Townsite of
Hutchinson. N1, lying Northeasterly of a line parallel with and distant 50
feet Southeasterly, measured at,rlyht angles, from the centerline of the main
track of the former Minneapolis'Industria.l Railway Company, as said main track
is now located. ALSO: That part of Lots 8 and 9 in said Block 29 lying feet
between lines parallel
easured at right ightdangles,� f om thetcenterline of thenmai50track
of the former Electric Short Line Railway Company (Minneapolis Industrial
Railway Company), as said main track centerline was originally located and
established. Together with that part of the E} of vacated Hater Street which
accrued to that part of Lot 9 described above. ALSO: That part or portion of
Third Avenue North, formerly fourth Street, being a vacation of sidewalk
abutting aforesaid Lots 1 to 70 both inclusive, in said Block 299 as vacated
by resolution passed and adopted byt.the City Council of the City of Hutchinson
on the 14th day of October,
PARCEL 6
The South 10 feet of Lot 10 in Black 22 in the Townsite of Hutchinson,
N1.
A- 346314 L ` (c)
OV le
That part of Lots 1,2,3,4,5,6,7 and 8, all in Block 21, NORTH HALF OF HUTCHINSON
according to the recorded plat, and that part of the North 16.50 feet of Fourth
Street (now known as Third Avenue NW) as vacated by resolution passed and
adopted by the City Council of the City of Hutchinson on the 14th day of October,
1915, lying southerly of a line drawn parallel with and 8.50 feet northerly,
measured at right angles, from the centerline of the main track of the former
Burlington Northern Inc. as said track was located on February 12, 1991, and
lying westerly of the east line of d Lot 1 and its
lying easterly of the east line of the West 20.00 feet of southerly prolongation
said Lot 8 and its and
southerly prolongation.
PARCEL 8..
That part of Blocks 19 and Z0, Toxnsite of Hutchinson. Nit together with bounded and
that part of vacated Prospect Street lying between said Blouse of Lot 6 in
f
described as follows:
Beginning at a paint on the Westerly
said Block 2 distant 8 feet Northeasterly, Railway Company spur or side
measured radially, from the
centerline of the former Minneapolis Industrial
track, I.C.C. 138, being the most Northerly side track Northerly of the main
thence
track of said Railway Company, as said tracks are now located. pot on the
Southeasterly parallel with said spur track centerline 'to a p
thence Northeasterly along said Northwesterly line ftooa point on theldistant
t from said spur track centerline;
8.5 feet Northeasterly, measured radially, point on
thence Southeasterly parallel with said spur track centerline to a p along
the Southeasterly line of Lot 1 in said Block 20; thence Northeasterly
said Southeasterly line of Lot 1 tc a point distant 9then a Northeaster
measured radially, from said spur track centerline; 15 feet ack parallel with said spur track centerline to a point distant of
said
hRaiixay Campany,eas now ally
located ;o thence centerline
Southeasterly parallel with said
track centerline to a point on. the Northwesterly line of g said Northwesterly
feet of Lot 5 in said Block 19; thence Southwesterly along said main track
line to a point 23 feet Northeasterly, measured radially,
centerline; thence Southeasterly jirfi�llel with said main track centerlinthence
point on the Southeasterly line of 'lot 1 in said Block being19also the
Southwesterly along said Southeasterly line of Lot 1,
Northwesterly line of Bluff Street, to a point distant 25 feet Southwesthence
measured at right angles, from said main track centerline;
orthwesterly parallel with said main track centerline to a point on the
N
'Ior;hwesterly line of Lot 4 in said Block 20; thence Southwesterly along
A- __5�I0b/ Al 0 tc)
Pid Northwesterly line of Lot 4, being also the Southeasterly line of Lot 5,
a point distant 122 feet Southwesterly from the most Easterly corner of
d Lot 5; thence Northwesterly along a straight line to a point on the West
line of said Lot 5 distant 113 feet South of the Northwest corner of said Lot
5; thence Northerly along said West line of Lot S. being also the East line of
Lot 7 in said'Block 20, to a point on the North line of the South 16.5 feet of
said Lot 7; thence Westerly along said North line to a point on the West line
of said Lot 7; thence Northerly along said, West line of Lot 7, and of said Lot
69 to the Point of-Beginning.
PARCEL 9
That part of Block 18, Townsite of Hutchinson, N}, lying between lines
parallel with and distant Z5 feet Northeasterly and 75 feet 'Southwesterly,
measured at right angles and radially, from the centerline of the main track
of the former Minneapolis Industrial Railway Company, as said main track is
now located.
PARCEL 10
. A triangular parcel of land off of Lots 1 and 2 in Block 17 in the N;
City of Hutchinson described as follows: .Commencing at a point on the North
line' of said Lot 1, 300 feet Easterly of Northwest corner of said Lot 2.
thence Northwesterly on the North line of said Lots 1. and 2, to the Northwest
corner of said Lot 2. thence South on the West line of said Lot 2, 75 feet.
thence Easterly to the point of beginning; said parcel being a portion of the
same premises described in that certain Contract for Deed dated April 29,
1913, between F. S. Kalich and wife, and the former Electric Short Line
Railway Company , filed for Record in the Register of Deeds office for McLeod
County, May 17, 1913, in Book "0 ". of Miscellaneous on Page 29.
PARCEL 11
A triangular parcel of lanVoff Lots 4 and "5 in Block 16 in Block 16 in
the NJ corner of said d Lot 5 ;nthen eeNoetherly along the East�line9oftsaid Lottforsa
distance of 70 feet; thence Southwesterly to a point on the South line of
above said Lot 4, 225 feet Northerly of first above said Southeast corner of
Lot 5, thence Southeasterly on the South line of said Lots 4 and 5 to the
point Of beginning; said parcel being a portion of the premises described in
that certain Contract for Deed dated April 29, 1913 between F. S. Kalich and
wife, and the former Electric Short Line Railway Company, filed for record in
the Register of Deeds office for McLeod County. May 17. 1913, in Book "0" of
Miscellaneous on Page 29.
MOM DEL 12
All of Lot 6, Block 16, Townsite of Hutchinson, N}, and a strip of land
50 feet in width along the Eastern boundary of said Block 169 commencing at
the Northerly boundary of said Block, running thence South to land heretofore
Fdreeded to W. L. Luca or the former Electric Short Line Railway Company, a
distance of 450 feet, containing } acre, more.or less. Said land being the
same parcel conveyed -to Hutchinson Brick b Tile Company by
Kalich and Louisa Kalich, his wife, by their deed bearing.date March 20, 1918,
and recorded in the Office of the Register of Deeds in and for said McLeod
County, November 1, 1918, at 4:30 o'clock P.M., in Book 41 of Deeds, on Page
198. EXCEPTING THEREFROM that part of aforesaid Lot 6 which lies Northerly of
a line parallel with and distant 35 feet Northerly. measured at right angles,
from the centerline of the main track of the former Minneapolis Industrial
Railway Company and Southwesterly of a line parallel with and distant Z5 feet
Southwesterly, measured at right angles, from the centerline of the track of
said Railway Company, known as Hutchinson Tile Spur, as said tracks. are now
located and constructed across said Lot.
PARCEL 13
That part of Lots 1, and 2, Block 3, Townsite of Hutchinson, NJ bounded
and described as follows: Beginning at a point on the East line of Section
31, distant 970 feet South pf the Northeast corner of the SE3 of said Section;
thence- Southerly along said East line of Lots. 1 and 2 to a point on the
Southeasterly line of said Lot 1; thence Southwesterly along said
Southeasterly line to a point distant 50 feet Westerly, measured at right
angles, from the East line of said Lot 1; thence Northerly parallel with said
East line of Lot 1 to a point on the Southeasterly line of said Lot 2; thence
Northeasterly along a straight line to the Point of Beginning.
EXCEPTING THEREFROM parcel deeded to June Redman by deed filed 3/19/91 in Book 221
of Deeds at P. 481.
PARCEL 14
That part of the SW} of the SW! of Section 32, 711711, R29W of the Fifth
Principal Meridian, lying Southerly of a line parallel with and distant 35
feet Northeasterly, measured radially, from the centerline of the main track
of the former Minneapolis Industrial Railway company, as said main track is
now located, and lying Westerly of a line parallel with the West line of said
Section 3Z, and distant 222.75 •feet Easterly therefrom, as measured along the
South line of said Section 32.,
PARCEL 15
That part of the SW} of the SW; of Section 32, T117N9 R29W of the Fifth
Principal Meridian, lying between lines parallel with and distant 25 feet
Southwesterly and 50 feet Northeasterly, measured radially, from the
centerline of a track known as "Hutchinson Tile Spur" as now .located, and
lying Westerly of a line parallel with the West line of said Section 32, and
distant 22Z.75 feet Easterly therefrom, as measured along the South line of
said Section 32.
�Yr
v
ft- -zy-i &3IA ) 1 LC)
PARCEL 16
That part of the•SWI of the SWf of Section 32, T117N9 R29W of the Fifth
Principal Meridian, bounded and described as follows: Commencing at a point
on the South line of said Section 32, distant 22Z.75 feet Easterly from the
Southwest corner thereof; thence Northerly parallel with the.West line of said
Section 32. a distance of 115 feet to the Point of Beginning of the parcel of
land herein described; thence continuing Northerly along the last described
course a distance of 50 feet; thence Southeasterly, along a straight line to a
point intersected by a line drawn from the Point. of Beginning to a point on
the Northerly projection of the East line of Section 6, T116N, R29W distant 50
feet Northerly from the South line of Section 32; said point of intersection
being distant 390 feet Easterly of the Point of Beginning; thence Easterly
along said previously described line to said point on the Northerly extension
of the East right -of -way line of said Section 6; thence Southerly along the
Northerly extension of said East line of Section 6, a distance of 50 feet to a
point on the South line of said Section 32; thence Westerly along the South
line of said Section 32, a distance of 618 feet, more or less, to a point
distant 222.75 feet Easterly from the Southwest corner of said Section 32;
thence Northerly parallel with the West line of said Section 32, a distance of
115'feet to the Point of Beginning.
EXCEPTING THEREFROM that part, if any. lying
Northeasterly of a line parallel with and distant 35 fee[ - Northeasterly,
measured radially from the centerline of the main track of the former
Minneapolis Industrial Railway Company and lying Southwesterly off a line
e
parallel with and distant 15 feet Southwesterly, measured radially,
centerline of a track of said Railway Company, known as Hutchinson T1 le Spur.
-ALSO UCEPTING THEREFROM parcel conveyed to City of Hutchinson by deed filed
3/31/98 as Doc. No. 285327.
PARCEL 17
The South 50 feet of that part of the S} of the St of Section 32, T11711,
R2914, and the North 50 feet/ of that part of the N; of the NW} of Section 5,
TIAN, R29W of the Fifth Principal Meridian; all of which forms a strip of
land 100 feet in width and 'extends Easterly from the Northerly extension of
the West line of said Section 5, to a line drawn at right angles to the
centerline of the main track of the former Minneapolis Industrial Railway
Company, as now located at a point on the South line of said Section 32,
distant 3,175 feet Easterly, as measured along said South line, from the
Southwest corner of said Section 32.
SUBJECT, however, to an easement granted to the City of Hutchinson
October 22, 1974 for public roadway crossing at Michigan Street. Grantor
further conveys and quitclaims all rights, title. and interest, if any, to
right -of -way easements over the- !o) lowing described parcels 18, 19, b 20.
EXCEPTING THEREFROM parcel conveyed to City of Hutchinson by deed filed 3/31/98
as Doc. No. 285321.
PARCEL 18
That part of Lots 2 and 3.-Block 28, in the N} of the City of Hutchinson
Fisisted prior to the vacating of alley in said Block described as follows:
Beginning at the Southwest corner of Lot 3; thence Northeasterly to a
point on the East line of Lot 2. which is 26 feet Northerly of the
Southeast corner of Lot 2; thence Southerly along the East line of Lot 2
for a distance of 14.7 feet; thence Southwesterly to a point on the East
line of Lot 3 which is 4.3 feet Northerly of the Southeast corner of Lot
3, thence Southwesterly to a point on the South. line of Lot 3 which 1s <
11.42 feet Easterly of the Southwest corner of Lot 3; thence Westerly
along the South fine of Lot 3 a distance of 8.5 feet to the point of
beginning.. Said premises being the same
Indiana Railroad Company to Burlington
agreement dated January 15th, 1973; and
granted from C. W. Moberg and Corrinne
Western Railway by easement dated April
McLeod County on April 26,1955 in Book 37
53, as Document No. 117344.
PARCEL 19
assigned from the Minneapolis
Northern Railroad Company by
also being the same premises
E. Moberg to the Minnesota 8
7, 1955, filed for record in
of Miscellaneous Deeds on Page
'All that part of the St of Second Avenue N.E. in the N} of the Town of
Hutchinson, Minnesota bounded as follows: On the North by the centerline of
Second Avenue, bounded on the South by the North line of B locks 43 and 44 and
the projection of said lines, bounded on the West by the East right -of -way
line of a Main Street, and bounded on the East by the West line of Jefferson
Street; said premises being the same assigned by the Minneapolis Indiana
Railroad Company to Burlington Northern Railroad on January 150 1973; and also
being the same premises conveyed from Henry Krussow and Emma Krussow to the
Minnesota Western Railway Company by easement dated July 18th, 1946 and filed
for record in McLeod County in Book 19 of Miscellaneous geelesJdifffed4i2 %20/90
EXCEPTING THEREFROM parcel conveyed to City of Hutchinson y'
in Book 220 of Deeds at P. 555.
PARCEL 20
A strip of land fifty feet in width across Lots 3 and 4, Block 45, Town
of Hutchinson, N}, according to the map or plat thereof on file or of record
in the. office of the Register of Deeds in and for McLeod County, Minnesota,
the center line of which strip of land is the South curb line of Second Avenue
North, City of Hutchinson, McLeod County, Minnesota, projected Eastward across
said block 45. Said premises being the same granted from Nels Simonson b
Christine Simonson to the Minnesota Western Railway Company by easement dated
April 22, 1942, filed for Record in Mcleod County, Minnesota an July 28, 1942
in Book 19, Miscellaneous Deeds,,_on page 438;
�Y
.4-3`/t ^3/ -v 11 Cc)
EXHIBIT B
PARCEL 4 "
That part of Lots 1, 2. 3, 4, 6, 7, 8, 9 and 10 in Block 28, Townsite of
Hutchinson, Ni, together with that part of the vacated alley in said Block 28,
and together with that part of the W} of vacated Water Street, all of the
foregoing parts which lie Northwesterly of a line parallel with and distant 50
feet Southeasterly, measured at right angles from the centerline of the main
track of the former Minneapolis Industrial Railway Company, as said main track
is now located. and which lie Southeasterly of the following describe line-
Beginning at the Northwest corner of said Lot 6 (as originally p
thence Northeasterly to a point 6.8 feet South of the Southeast corner of
0.9
5 (as originally platted) in said Block; thence Northeasterly to a point
feet South of the Southeast corner of said Lot 4 (as originally platted);
thence Northeasterly to a point on the East line of said Lot 3 (as originally
platted) distant 4.3 feet North of the Southeast corner thereof; thence
Northeasterly to a point on the East line of said Lot 2 (as originally
platted), distant 11.3 feet North of the Southeast corner thereof; thence
Northerly along said East line of Lot 2, being also the West line of said Lot
1, to a point distant 110 feet South of the Northwest corner of said Lot 1 (as
originally platted); thence Northeasterly to a point on the East line of said
Lot 1, distant 97 feet South of the Northeast corner thereof; thence
continuing Northeasterly along said line extended 23 feet; thence Easterly to
point of Third Avenue North, and there 90'4 feet South of
terminating,
the South
PARCEL 5
That part of Lots 1, 2, 3. 4, 5, 6 and 7 in Block 29, Townsite of
Hutchinson, N}, lying Northeasterly of a line parallel with and distant 50
feet Southeasterly, measured at,r1ght angles, from the centerline of the main
track of the former Minneapolis'Industria.l Railway Company, as said main track
is now located. ALSO: That part of Lots 8 and 9 in said Block 29 lying
between lines parallel with and distant 50 feet Northwesterly and 50 feet
Southeasterly, measured at right angles, from the centerline of the main track
of the former Electric Short Line Railway Company (Minneapolis Industrial
Railway Company), as said main track centerline was originally located and
established. Together with that part of the E} of vacated Water Street which
accrued to that part of Lot 9 described above. ALSO: That part or portion of
Third Avenue North, formerly fourth Street, being a vacation of sidewalk
abutting aforesaid Lots 1 to 7, both inclusive, in said Block 290
as vacated
by resolution passed and adopted by,.the City Council of the City of Hutchinson
on the 14th day of October,
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That part of Lots 2 and 3,
as existed prior to the vacating
Beginning at the Southwest
point on the East line of
Southeast corner of Lot 2;
for a distance of 14.7 feet
PARCEL 18
Black 28, in the N1 of the City of Hutchinson
of alley in said Block described as follows:
corner of Lot 3; thence Northeasterly to a
Lot 2, which is 26 feet Northerly of the
thence Southerly along the East line of Lot 2
; thence Southwesterly to a point on the East
line of Lot 3 which is 4.3 feet Northerly of the Southeast corner.of LOU
3, thence Southwesterly to a point on the South line of Lot 3 which Is
11.42 feet Easterly of the Southwest corner of Lot 3; thence Westerly
along the South line of Lot 3 a distance of 8.5 feet to the point of
beginning.. Said premises being the same assigned from the Minneapolis
Indiana Railroad Company to Burlington Northern Railroad Company by
agreement dated January 15th, 1973; and also being the same premises
granted from C. W. Moberg and Corrinne E. Moberg to the Minnesota E
Western Railway by easement dated April 7, 1955, filed for record in
McLeod County on April 26 , 1955 in Book 37 of Miscellaneous Deeds on Page
53, as Document No. 117344.
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• t A. Ak
To: Citizens of the Hutchinson Fire District, Web -Site Visitors, and Our Face Book Friends
From: Brad Emans, Fire Chief
Date: 10/03/2011
Re: Monthly Update on the Activities of the Hutchinson Fire Department for September
2011
Fire Department Response: The Fire Department responded to 34 calls for service in the month of
September.
Fire Officer Only Response: A "fire officer only" responded to 7 calls in September saving the
Hutchinson Fire District the cost of a "general' alarm estimated at $1,274.00 for the month.
Response Time (First Emergency Vehicle Out of the Door): September -6 minutes 16 seconds.
Example of a Few of the Calls:
• The FD responded to a possible structure fire in the northeast part of the city when a 911 call came
in from a neighbor that a vacant house had its smoke detectors activating. With an increase in the
number of foreclosed houses that start on fire around the country, we cannot assume that this is
merely a false alarm. Firefighters used the Thermal Imaging Camera to check the house from the
exterior in place of breaking a door down. No fire was found this time;
• The FD responded to a grass/field fire in the rural district when a unattended wood pile fire spread
to the affected areas;
• The FD responded to a rescue in the Crow River when two people in the river called for help. Upon
arrival, the victims were out of the water. The call is being investigated by the PD;
• The FD responded to a multi - family apartment building fire in the northwest part of the city. When
the incident commander arrived on scene flames were coming out the window on one of the units.
Firefighters made sure the building was evacuated, while other teams were attacking the fire. The
fire was contained to a bedroom in one of the units; heavy smoke caused damage throughout the
building. The cause of the fire was determined to be arson;
• The FD responded to a residential structure fire in the northeast part of the rural district. One of the
residents placed a cigarette in a plastic pale on the deck during a day when we had winds up to 50
mph. The fire spread from the deck to the siding, into the soffits and up to the attic. The fire also
breeched a first floor window involving the kitchen area in fire. The house suffered considerable
structural, heat, smoke, and water damage. The Silver Lake FD and the Hutchinson Ambulance
assisted in this call.
a(C�)_
Breakdown of the Calls for the Month:
City
Type of Call
Residential
Number for the Month
2
CommerciaVInd ustrial
5
Mufti -Famil
4
School
0
Grass
0
Medical
8
CO
1
Rescue
2
Haz -Mat Leak/Spill-
3
Vehicle
0
Sky-Warn
0
Mutual Aid
0
Total
25
Structure Fires
1
Arson
0
Rural:
Type of Call
Number for the Month
Residential
3
Commercial / Industrial
0
School
0
Farm Building
0
Grass
1
Medical
4
CO
0
Rescue
1
Haz -Mat Leak/Spill
0
Vehicle
0
Mutual Aid
0
Total
9
Structure Fires
1
Arson
0
Training: Firefighters trained on the following topics /equipment:
• Firefighters completed several refresher medical skills including: Airways, Oxygen, Stroke Patient
Care, and various other patient scenarios';
Firefighters completed a refresher on fire pump operations with a focus on our new rookie
firefighters;
• Firefighters completed their quarterly "team building' exercise, which our firefighters an opportunity
to communicate outside of the structured training we have established.
• Page 2
Fire Prevention / Public Relations / Other Information:
• The FD conducted a Swearing In, Badge Pinning ceremony for our new Lieutenant and Battalion
Chief. These two individuals completed many additional hours of training in order to be eligible to
apply for these position. It goes without saying that it is a tremendous honor to be selected as a fire
officer in Hutchinson;
• The FD conducted their annual FD Open House. Firefighters gave tours, demonstrations, and
finished the afternoon off with the drawing for a trip for two to anyplace in the continental United
States for a week;
• The FD assisted the school district with a problem they are having with the lights on the
football/soccer field.
Measurements:
1. Number of calls that required more than one engine, one IC, and four firefighters in September: 7
2. Number of Calls that required more than the "standard required by law investigation' in September.
2
3. Estimated dollars "saved in property (building and contents)' by the Hutchinson Fire
Department response for the month of September: $$300,000
4. Estimated dollars `lost in property (building and contents)' to fire in September. $375,000
Change your Clock; Change the Battery in your Smoke
Detectors and Carbon Monoxide Detectors. A Simple
Reminder that Just May Save your Life!
• Page 3
aIck-)
Special Meeting
September 13, 2011
Members present: President Robert Hantge; Secretary Dwight Bordson; Commissioner
Donald H. Walser; Commissioner Craig Lenz; Attorney Marc Sebora; General Manager
Michael Kumm
Member absent: Vice President Paul Nordin
President Hantge called the meeting to order at 12:00 p.m.
The minutes of the August 31, 2011 regular meeting were reviewed. A motion was
made by Commissioner Walser, seconded by Secretary Bordson, to approve the
minutes as written. Motion was unanimously carried.
Attorney Sebora presented Resolution 1006 along with a Limited Power of Attorney
giving GM Kumm the rights to negotiate and sign an Equipment Procurement
Agreement on behalf of Hutchinson Utilities Commission with Wartsila North America,
Inc. for the purchase of power generating equipment and auxiliary equipment for power
plant 1, and all other related documents. After discussion, a motion was made by
Commissioner Lenz, seconded by Secretary Bordson to approve Resolution 1006 and
Limited Power of Attorney giving GM Kumm the rights to negotiate and sign an
Equipment Procurement Agreement on behalf of Hutchinson Utilities Commission with
Wartsila North America, Inc. for the purchase of power generating equipment and
auxiliary equipment for power plant 1, and all other related documents. Motion was
unanimously carried. (Resolution 1006 and Limited Power of Attorney attached.)
There being no further business, a motion was made by Commissioner Lenz, seconded
by Secretary Bordson to adjourn the meeting at 12:07 p.m. Motion was unanimously
carried.
ATTEST:
Robert Hantge, President
Dwight Bordson, Secretary
i D-O�)
MINUTES
Parks, Recreation & Community Education Advisory Board
August 1, 2011
Members present were Elizabeth Hanninen, Jay Bartholomew, Eric Opland and John Rodeberg.
Also present were Dolf Moon, and Karen McKay.
The meeting was called to order at 5:15 pm.
A motion was made by Eric Opland and seconded by Elizabeth Hanninen to approve the minutes
dated June 6, 2011. The board unanimously agreed.
OLD BUSINESS
Church Purchase - The City Council has elected to purchase the church adjacent to City Center
for historical preservation similar to the Harrington/Merrill House. The Railroad Club is
interested in utilizing some of the space and may take care of some of the daily maintenance
needed in the building. The parks staff will do sidewalk snow removal and grass mowing.
Historical Hutchinson will solicit donations as they develop plans for the building. The City
would control the property.
Public Art - The Public Arts Commission decided to pause on the projected River Horse
sculpture. They will review how they approach art projects for the community in the future.
Funds will be set aside for future art/culture projects.
Summer Proiects
-The deck/bandstand in Masonic /West River Park was completed for RiverSong. The stage may
also be used for the Water Carnival and Relay for Life.
-VMF ballpark Phase One is done including restroom and press box renovation and retaining
wall installation. Work will continue after the state baseball tournaments which includes
changing the left field line. Expanding the concession stand can be done in the winter months.
The Huskies have contributed $15,000 and the City has funded $32,000 for the projects.
-Phase Two of the 3M planting will be done in September. The storm in July created a great deal
of tree damage which diverted park staff.
-The addition of lighting in the skate park is complete, the ramps were refurbished and the fence
was removed. The lighting is installed in the underpass on School Road.
-The outfield fences at Roberts and Linden parks were completed. Seven poles were bent in the
storm and need to be replaced again, the fences typically last eight to ten years. Jet Black is
sealing the walking/bike path around the Linden ball fields.
-The mulch under the playground equipment in Rolling Meadows Park was moldy and replaced.
A tiling system was also installed to help prevent future mold issues.
-The playground equipment in Elks Park needs to be replaced.
NEW BUSINESS
Storm Damage - Clean up from the storm in July took a month to complete utilizing nine full
time Parks and Streets staff. There were 10 trees down in South Park, four to five at Park
Elementary and five in Roberts Park.
) I(C)
MINUTES
PRCE Advisory Board
August 1, 2011
Page two
NEW BUSINESS CONT.
School Campus Proiects - The athletic field projects are on schedule for completion by August
15th when fall activities begin.
2012 Budget - The Community Education budget year began July 1 st. The 2012 Park,
Recreation, Civic Arena and Senior /Event Center proposed budget of $1,074.052 has been
submitted which Dolf hopes will stand. The 2010 budget saw a drop of $100,000 from 2009.
An additional $9,000 is dropped from the 2011 budget.
There was more scholarship activity this year. PRCE receives some United Way funds to help
cover those fees. If fees are increased, staff feels it could deter people from registering. 315
pool passes were sold during the summer. June started out cool and rainy which slowed
purchases.
September Meeting - There will not be a meeting in September due to the Labor Day holiday.
BOARD MEMBER ITEMS
Byron Bettenhausen left the PRCE Advisory Board and went to the School Board. There are
two vacant seats on the PRCE Advisory Board.
Jay asked Dolf if it would be possible to have pre - school swim lessons offered in the evening
during the summer next year. Dolf will forward the request to Mary Haugen, Facilities &
Operations Manager.
John Rodeberg reported to the Board that RiverSong was a great success and was attended by
1,600 -1,700 people.
ADJOURNMENT
The meeting was adjourned at 6:00 pm by a motion made by Jay Bartholomew and seconded by
John Rodeberg. The Board unanimously agreed.