cp04-24-2012 cCouncil Workshop — Budget — 4:00 p. m.
AGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 24, 2012
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Christ the King Lutheran Church
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
5. PUBLIC COMMENTS
6. MINUTES
(a) REGULAR MEETING OF APRIL 10, 2012
(b) BID OPENING MINUTES FROM APRIL 3, 2012 (5TH AVENUE NW)
(c) BID OPENING MINUTES FROM APRIL 11, 2012 (SOUTH PARK WATER TOWER
REHABILITATION)
Action — Motion to approve as presented
7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise
ave een elegate to t e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13995 — RESOLUTION PERTAINING TO THE OWNERSHIP OF THE CITY
OF HUTCHINSON STREET RIGHT OF WAY PLAT NO. 10 ENERGY PARK DRIVE
(b) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO
CHRISTOPHER ULMER OF TNT FIREWORKS TO SELL LEGAL FIREWORKS IN WALMART
PARKING LOT
(c) APPOINTMENT OF CURTIS HUGHES TO POLICE COMMISSION TO MAY 2015
(d) CONSIDERATION FOR APPROVAL OF AMENDING SOUTH PARK WATER TOWER LEASE
AGREEMENT WITH MIDWEST WIRELESS LLC DBA VERIZON WIRELESS
(e) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2012 STREET SEALCOATING PROJECT
(LETTING NO. 4, PROJECT NO. 12 -05)
(f) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO FOUNDATION FOR
CHALLENGED CHILDREN ON MAY 19. 2012
(g) CONSIDERATION FOR APPROVAL OF ALLOWING FARMERS' MARKET TO UTILITIZE CITY
CENTER PARKING LOT FROM 8:00 A.M. — 12NOON ON SATURDAY, SEPTEMBER 15, 2012
CITY COUNCIL AGENDA —APRIL 24, 2012
(h) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR MILES SEPPELT TO
ATTEND PROFESSIONAL DEVELOPMENT COURSES IN ST. LOUIS, MISSOURI FROM JUNE 6
—8,2012
(i) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO
HEART OF MINNESOTA ANIMAL SHELTER ON JULY 1, 2012
0) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
8. PUBLIC HEARINGS — 6:00 P.M. - NONE
9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise po icy. A ways looking toward t e uture, not monitoring past)
f[f,
11
(a) COMMUNICATION OF AMERESCO MEASUREMENT AND VERIFICATION FINAL REPORT
Action -
(a) CONSIDERATION FOR APPROVAL OF ISSUANCE OF PUBLIC UTILITY REVENUE REFUNDING
BONDS, SERIES 2012A
Action — Motion to reject — Motion to approve
(b) CONSIDERATION FOR APROVAL OF VEHICLE AND EQUIPMENT POLICY
Action — Motion to reject — Motion to approve
(c) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR WATER TOWER
REHABILITATION — SOUTH PARK PROJECT (LETTING NO. 6, PROJECT NO. 12 -07)
Action — Motion to reject — Motion to approve
12. GOVERNANCE (Purpose: to assess past organizationalperformance, developpolicythatgutdes the organization and
ouncie the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM MARCH
20, 2012
(b) CITY OF HUTCHINSON FINANCIAL REPORTS FOR MARCH 2012
(c) CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2012
(d) JOINT PLANNING BOARD MINUTES FROM NOVEMBER 16, 2011
(e) PLANNING COMMISSION MINUTES FROM MARCH 20, 2012
13. MISCELLANEOUS
14. ADJOURN
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 10, 2012
1. CALL TO ORDER — 5:30 P.M.
Mayor Steve Cook ca e t e meeting to order. Members present were Mary Christensen, Chad Czmowski and
Eric Yost. Member absent was Bill Arndt. Others present were Jeremy Carter, City Administrator, Kent Exner,
City Engineer, and Marc Sebora, City Attorney.
2. INVOCATION — Pastor Mark Richardson, Christ the King Lutheran Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
5. PUBLIC COMMENTS
6. MINUTES
(a) REGULAR MEETING OF MARCH 27, 2012
Motion by Christensen, second by Czmowski, to approve the minutes as presented. Motion carried
unanimously.
7. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise
ave een a egate to t e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13989 - RESOLUTION APPROVING STATE OF MINNESOTA JOINT
POWERS AGREEMENTS WITH THE CITY OF HUTCHINSON AND THE STATE OF
MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL
APPREHENSION AND AUTHORIZING CITY OFFICIALS TO EXECUTE SAID
AGREEMENTS AND AMENDMENTS
(b) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO
CROW RIVER HABITAT FOR HUMANITY ON MAY 4, 2012, AT CHRIST THE KING
LUTHERAN CHURCH
(c) REAPPOINTMENT OF CHRISTIE HANTGE AND RAYMOND NORTON TO PLANNING
COMMISSION TO MARCH 2017
(d) CONSIDERATION FOR APPROVAL OF ITEMS FOR 5TH AVENUE NW IMPROVEMENTS
PROJECT — LETTING NO. 1, PROJECT NO. 12 -01
(e) CONSIDERATION FOR APPROVAL OF CROW RIVER CORVETTE CLUB EVENT ON MAY 26,
2012
(1) CONSIDERATION FOR APPROVAL OF MINNESOTA LAWFUL GAMBLING PREMISES
CITY COUNCIL MINUTES —APRIL 10, 2012
PERMIT APPLICATION TO ALLOW AMERICAN LEGION POST 96 TO CONDUCT GAMBLING
DEVICES (PULL TABS) AT 16 MAIN STREET NORTH
(g) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 7(d), 7(e) and 7(f) were pulled for separate discussion.
Motion by Czmowski, second by Yost, to approve consent agenda with the exception of the items noted
above. Motion carried unanimously.
Item 7(d) had further discussion. Council Member Christensen asked if there would be steps leading down
to Hwy 15 /Main Street from the retaining wall. Kent Exner, City Engineer, clarified that this project is for
5t11 Avenue NW and the retaining wall project will be discussed at the public hearing this evening.
Motion by Christensen, second by Cook, to approve Item 7(d). Mr. Exner noted that the bids received were
competitively grouped and came in under the engineer's estimate. Motion carved unanimously.
Item 7(e) had further discussion. Mayor Cook asked if a liquor license is required for this event. Marc
Sebora, City Attorney, explained that the American Legion is proposed to be dispensing the liquor at the
event. Because the American Legion has already been issued a liquor license by the City, and they are
dispensing liquor at a municipally -owned facility, state law does not require them to obtain any additional
license.
Motion by Yost, second by Cook, to approve Corvette Club event on May 26, 2012. Motion carried
unanimously.
Item 7(f) had further discussion. Mayor Cook noted that the CEO hadn't signed the premises permit
application as required by the State. Marc Sebora, City Attorney, explained that after the packet had been
distributed, staff realized that the wrong signature was on the application. The Council could either table
this item or approve it contingent on the CEO signing the application and providing proof of that to City
staff.
Motion by Czmowski, second by Christensen, to approve this item contingent that the CEO signs the
application. Motion carried unanimously.
8. PUBLIC HEARINGS — 6:00 P.M.
(a) CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING AND SUNDAY
LIQUOR LICENSE TO JOSEPH MAYLAND OF SSM ENTERPRISES, LLC DBA MAIN STREET
SPORTS BAR LOCATED AT 16 & 18 MAIN STREET SOUTH INCLUDING A 26 FOOT X 22 FOOT
OUTDOOR PATIO
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that Joseph Mayland has
applied for a liquor license for a restaurant located at 16 & 18 Main Street North. The liquor license would
include a patio on the west side of the building. Mr. Sebora noted that he has explained conditions that
could be expected of the licensee with having a patio at the establishment. These conditions could include
1.) outdoor service to be contained to the contiguous area as described at the public hearing; 2.) no
smoking in the outdoor area as described at the public hearing; 3.) the patio is to be surrounded by a fence or
other similar structure and entrance and exiting to be controlled by means of the gate; 4.) patio to be staffed
when open and gate locked when patio not in operation; 5.) the patio area is to be set back from the alleyway
behind the building to allow persons to safely leave the patio area before entering the alleyway— setback area
shall be determined by city staff, 6.) the licensee is to abide by all city liquor, noise and nuisance ordinances.
Council Member Christensen asked if the patio would be open the same hours the restaurant is open. The
applicant explained that the plan is for the patio to close at 10:00 p.m. The applicant noted that he and his
staff will monitor patrons outside on the patio after 10:00 p.m. and will adhere to any complaints.
CITY COUNCIL MINUTES — APRIL 10, 2012
Motion by Czmowski, second by Christensen, to close public hearing. Motion carried unanimously.
Motion by Czmowski, second by Yost, to approve issuing on -sale intoxicating and Sunday liquor license to
Joseph Mayland of SSM Enterprises, LLC located at 16 & 18 Main Street South with patio conditions.
Motion carved unanimously.
(b) PUBLIC HEARING FOR TRUNK HWY 15 RETAINING WALL RECONSTRUCTION PROJECT —
LETTING NO. 5, PROJECT NO. 12 -06 (ORDERING IMPROVEMENT AND PREPARATION OF
PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS)
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that although there are no
special assessments being proposed, bonding dollars ire being used for this project. The goal of the project
is to replace the retaining wall along Hwy 15 South/4` Avenue SW. In addition, traffic control revisions and
accessibility improvements will be included in the project. Discussion was held regarding the necessity to
make the curb radius the dimensions proposed. Mr. Exner explained it is to improve site Imes, incorporate
left turn lanes and wall construction and ease truck turns. The estimated project cost is $345,000, however
Mn/DOT may, have more funds to contribute towards the project. The City must award this project by the
end of June if it is to proceed. The current stairways are proposed to be removed from the new wall.
Easements will be needed from adjacent property owners.
Jim Fahey, 446 Main Street, presented before the Council. Mr. Fahey spoke in support of the project. Mr.
Fahey was thankful for the compromises that have been made. Mr. Fahey noted that his main concern is to
preserve the 200+ year tree that is on the corner of his property.
Motion by Czmowski, second by Yost, to close public hearing. Motion carved unanimously.
Motion by Yost, second by Christensen, to order improvement and preparation of plans and specifications
and order advertisement for bids for Letting No. 5, Project No. 12 -06. Motion carved unanimously.
9. COMMUNICAIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise o Always looking toward t e uture, not monitoring past)
(a) ECONOMIC DEVELOPMENT AUTHORITY 2011 ANNUAL REPORT PRESENTATION
Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt provided a report on the EDA's
activities for 2011. Mr. Seppelt spoke of business retention and expansion, downtown grant and loan
programs, marketing and public relations, and job creation. Current projects and initiatives include
economic development strategic planning, depot marketplace, marketing campaign, Minnesota Angel
Network and industrial "spec" building.
Council Member Yost asked about the vacant buildings near Target on Hwy 15 South. Mr. Seppelt
explained that the EDA will do everything in their power to promote the vacant building spaces to recruit
new businesses to the area.
Mayor Cook suggested putting together a group task force consisting of community members and EDA
members to assist in influencing filling the vacant spaces.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF ISSUING TOBACCO LICENSE TO SAMAR ABUJOUDA
LOCATED AT SMOKES 4 LESS, 114 MAIN STREET NORTH
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the applicant has met
all background requirements and there doesn't appear to be any reasons to not issue him a license.
(0 (Q)
CITY COUNCIL MINUTES — APRIL 10, 2012
Mayor Cook noted that the legislature has passed a synthetic marijuana bill. The Council held a brief
discussion of the ability to limit sales of certain items that are being used for hallucination -type purposes.
Council Member Czmowski commented that the Council should not be regulating items that are not
regulated by state /federal law
Motion by Czmowski, second by Christensen, to approve issuing tobacco license to Samar Abujouda located
at Smokes4Less, 114 Main Street South. Motion carried unanimously.
Council Member Czmowski noted he would like a discussion on loosening up the City's liquor code, such as
the percentage of food to liquor sales.
(b) CONSIDERATION FOR APPROVAL OF CITY OF HUTCHINSON POLICY 1.05 — MAYOR OR CITY
COUNCIL CANDIDATES - INQUIRIES AND POLICY 1.09 — BOARDS, COMMISSIONS &
COMMITTEES -VOTING POWERS
Jeremy Carter, City Administrator, presented Policy 1.05 and 1.09. Policy 1.05 addresses inquiries by
Council candidates to City staff. Overall, the policy indicates that any inquiries from candidates should be
directed to the city administrator's office. Policy 1.09 speaks to voting powers of boards, commission &
committees. Staff is proposing additional language to the last sentence of the policy indicating that "the
mayor not make a motion as regulated by city charter and pursuant to /in accordance with Roberts Rules of
Order." This language is being suggested because the Charter refers to Robert's Rules of Order.
Motion by Czmowski, second by Yost, to approve revisions to City of Hutchinson Policy 1.05 and 1.09 as
presented. Motion carried unanimously.
(c) CONSIDERATION FOR APPROVAL OF SETTING JOINT CITY COUNCIIJHUTCHINSON UTILITIES
COMMISSION MEETING FOR MAY 2, 2012, AT 4:00 P.M. AT HUTCHINSON EVENT CENTER
Motion by Christensen, second by Cook, to set joint City Council/Hutchinson Utilities Commission meeting
for May 2, 2012, at 4:00 p.m. at Hutchinson Event Center. Motion carried unanimously.
12. GOVERNANCE (Purpose: toassesspastorganizational performance, Bevel oppolicythatguides the organization and
Counci and manage the logistics of the Council. May include monitoring reports, policy development and governance
process items)
(a) LIQUOR HUTCH QUARTERLY REPORT FOR JANUARY — MARCH 2012
(b) FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2012
(c) HUTCHINSON UTILITIES COMMISSION MINUTES FROM FEBRUARY 29, 2012
(d) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM FEBRUARY 27, 2012
(e) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM FEBRUARY 6, 2012
(f) PLANNING, ZONING, AND BUILDING DEPARTMENT MONTHLY REPORT FOR MARCH 2012
13. MISCELLANEOUS
Jeremy Carter—Mr. Carter reminded the Council that a workshop is scheduled for April 24, 2012, to discuss
the tax levy and the first draft of the 2013 budget. Mr. Carter also noted that the enterprise funds will also be
part of the City's monthly financial reports and those should be coming out beginning with April reporting.
Kent Exner — Mr. Exner noted that staff submitted two grants for the potential box culvert project. Mr.
4 ���
CITY COUNCIL MINUTES —APRIL 10, 2012
Exner thanked those who submitted letters in support of the project. A hearing process will be held if the
project proceeds and input will continue to be compiled. Mayor Cook spoke of the advantages of the project
an d the grant funds available.
Mayor Cook — Mayor Cook expressed that he feels a workshop should be scheduled to discuss the City's
nuisance ordinance.
Motion by Czmowski, second by Christensen, to set workshop for May 8, 2012, at 4:00 p.m. to discuss
City's nuisance ordinance. Motion carried unanimously.
14. ADJOURN
Motion by Czmowski, second by Cook, to adjourn at 7:05 p.m. Motion carried unanimously.
Won
BID OPENING
LETTING NO. 1 /PROJECT NO. 12 -01
State Project No. 133 - 128 -002
5'h Ave NW Project
Thursday, April 3`d, 2012 @ 10:30 a.m.
Present: Marc Sebora, City Attorney
Kent Exner, City Engineer
Melissa Starke, Recorder
The Bid Opening was called to order at 10:32 a.m. by Marc Sebora. Mr. Sebora noted
that the City Council reserves the right to reject all bids and to waive any informalities
and irregularities. Publication No. 7911, Advertisement for Bids was waived and the
following bids were opened and read aloud:
Duininck Inc
4086 1h St
PO Box 208
Prinsburg, MN 56281
Hjerpe Contracting Inc
16246 Hwy 15 S
Ll PO Box 517
Hutchinson, MN 55350
Kuechle Underground Inc
10998 State Hwy 55
PO Box 509
Kimball, MN 55353
LaTour Construction Inc
2134 County Road 8 NW
Maple Lake, MN 55358
R & R Excavating Inc
1149 Hwy 22 South
Hutchinson, MN 55350
Wm Mueller & Sons Inc
831 Park Ave
PO Box 247
Hamburg, MN 55339
Closed: 10:40 a.m.
Bid Amount: $1,489,151.38
Bid Amount: $1,427,549.52
Bid Amount: $1,625,333.47
Bid Amount: $1,486,825.35
Bid Amount: $1,517,027.15
Bid Amount: $1,499,246.17
Cl)
BID OPENING
LETTING NO. 6 1PROJECT NO. 12 -07
WATER TOWER REHABILITATION — SOUTH PARK
04/11/2012 at 10:00 a.m.
Present: Jeremy Carter, City Administrator
Kent Exner, City Engineer
Melissa Starke, Recorder
The Bid Opening was called to order at 10:02 a.m. by Jeremy Carter. Mr. Exner noted
that the City Council reserves the right to reject all bids and to waive any informalities
and irregularities. Publication No. 7918, Advertisement for Bids was waived and the
following bids were opened and read aloud:
Champion Coatings
7385 West 126`h St
Savage, MN 55378
Classic Protective Coatings Inc
N7670 State Hwy 26
Menomonie, WI 54751
TMI Coatings Inc
3291 Terminal Dr
St Paul, MN 55121
Closed: 10:06 a.m.
Steven W. Cook
Mayor
Bid Amount: $423,750.00
alt. + $5,000.00
Bid Amount: $370,513.00
alt. + $10,000.00
Bid Amount: $374,200.00
alt. + $17,500.00
ATTEST:
Jeremy J. Carter
City Administrator
� (C-�
C
Marc A. Sebora, City Attorney
Office of the City Attorney
TO: Mayor & City Council
FROM: Marc A. Sebora, City Attorney
DATE: April 19, 2012
SUBJECT: City of Hutchinson Right -of -Way Plat No. 10
111 Hassan Street SE
Hutchinson, MN 55350 -2522
310- 587 - 5151 /Fax 320- 234 -4201
In 2008, the Hutchinson EDA was involved in discussions with the Hutchinson Co -op to
acquire land to the east of the Co -op's main office building on Fifth Avenue Southeast
between the Co -op and Hutch Iron and Metal. The land was to be used for access to what
was then to be the Hutchinson Industrial Park on the Stritetsky property. This land was
to be acquired as part of a larger transaction involving the Co -op land that the EDA
purchased from the Co -op along 3rd Avenue N.W. close to the river and, in anticipation
of this transaction, the City filed for record this right -of -way plat. However, this "global"
deal was not able to get done and the transaction involving the street right -of -way
between the Co -op office and Hutch Iron and Metal was never completed and the City
never acquired ownership of the property. Because the land was never acquired by the
City, this right of way plat is not valid.
The City has recently been contacted by the Co -op about having the issue of the
ownership of the right -of -way cleared up so that they may enter into a transaction with
other parties if the opportunity arises. I have spoken with both the City Engineer, Kent
Exner, and the Executive Director of the Economic Development Authority, Miles
Seppelt, regarding the need for the right -of -way and both have indicated to me that, due
to the construction of the new Industrial Park further east on Fifth Avenue, this plat is no
longer necessary.
Therefore, I would ask that you approve the attached Resolution so that the title to the
Co -op's land can be cleaned up which will assist them in any transaction in the future.
Thank you.
Printed on recycled paper -
`1(9> 1
Resolution No. 13995
A Resolution Pertaining to the Ownership of the City of Hutchinson Street Right Of Way
Plat No. 10 Energy Park Drive
Whereas, in 2008, the City of Hutchinson, through its Economic Development
Authority, entered into discussions with Hutchinson Co -op Cenex for the acquisition of land for
roadway purposes; and,
Whereas, as a result of those discussions, the City caused to be prepared a street right -of-
way plat entitled "City of Hutchinson Street Right Of Way Plat No. 10 Energy Park Drive "; and,
Whereas, thereafter, the City, on March 25, 2008, approved Resolution No. 13363
approving said right -of -way plat and causing the document to be recorded in the office of the
McLeod County Recorder, filed for record on June 9, 2008 as Document No. A- 377661; said
plat entitled "City of Hutchinson Street Right -of -Way Plat No. 10 Energy Park Drive; and,
Whereas, the transaction between the City's Economic Development Authority and
Hutchinson Co -op Cenex was never consummated, and therefore, the plat currently on file in the
McLeod County Recorder's office is invalid because the City never acquired title to said land,
and;
Whereas, it is proper that this fact be known so that the title to the property can be
conveyed by Hutchinson Co -op Cenex to third parties without the cloud of this inaccurate right -
of -way plat,
Now, Therefore, Be It Resolved by the City Council of the City of Hutchinson that it
does formally, by way of this Resolution, state that the City of Hutchinson does not now, nor did
it ever, acquire title or ownership to any of the real property that was contained in the City of
Hutchinson Street Right -of -Way Plat No. 10 Energy Park Drive as filed in the Office of the
McLeod County Recorder as Document No. A- 377661 and, further, that the City Administrator
be, and is, authorized to sign such documents as may be necessary to correct this error.
Adopted by the City Council this 24`h day of April, 2012.
ATTEST:
Steven W. Cook, Mayor Jeremy J. Carter, City Administrator
`) [9s) �
)Q� MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor & City Council
FROM: Chief Daniel Hattendy/
DATE: April 6, 2012
RE: Consent Agenda — Transient Merchant Application - Ulmer
A background check was conducted on Christopher Ulmer in reference to him obtaining
a transient merchant license in the City of Hutchinson. Ulmer's license application is to
sell Minnesota legal fireworks under the name TNT Fireworks. This business will be
located in a tent on the northeast corner of the Wal -Mart parking lot. TNT Fireworks has
been in this location since 2006. This business has been licensed by Ulmer in 2008,
2009, 2010, and 2011.
Christopher Ulmer does not have a criminal history or any violations on his driving
record. A records check was also conducted on Ulmer through the Logis -wide records
system, his contacts with law enforcement have been for the licensing of his business
and he was mentioned as a being a victim of property damage in September 2009 in
Bloomington.
It would be my recommendation to grant the transient merchant license to Christopher
Ulmer.
/blm
2012 -01 -0006
171 Hnc9ari Streit 50u011east
Hutchinson, MN 55350
(320) 587 -5151 /Fw (320) 234-4240
City of Hutchinson
APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
Application Type (choose one)
Solicitor
00 Date of Application
%JI2(Q I Y
✓ Transient Merchant
125.00
Peddler
DPemde Peddler
o
530.00 Gi(
00ui
�201�
Applicant Information
2" X 2° Picture Required
Name: Christopher Jon Ulmer
Height: 75" Weight 200 E e Color: brown
Driver's License Number:
State: ND
a
Permanent Address: 210959th Avenue South
,(� w
Fargo ND
City Stufe
58104
Zip
Permanent Telephone: 701- 205 -0518
Temporary Address: Walmart parking lot - 1300 Hwy 15 South
Hutchinson MN
55350
City - Sane
lip
Temporary Telephone Access: 701- 400 -7661
Have you been convict y crime,
traffic violations? D yes o
ffi
misdemeanor, or violation of any municipal ordinance, other than
If yes, state the nature of offense and punishment or penalty assessed therefore:
Cory of Nutel wim,
Applicanun fur PedNen, Salicilws, and TrawieN Akrchmm
Page 2 of
Location Information
Walmart parking lot -
Locaflon Name
1300 Highway 15 South Hutchinson MN 55350
Location Address City Stale Zi
Business Information
Describe relationship between applicant and employer:
Area Manager
Describe nature of business and describe item(s) offered:
Retail sale of MN- approved Safe and Sane fireworks
Describe method of delivery:
by truck
Describe source of supply:
American Promotional Events
800 - 243 -1189
Supplier Name
Suppler Phone Number
4511 Helton Drive Florence
AL 35630
Supplier Addresr Cuy
Stale zip
Supplier Name
.Suppler Phone Number
Supplier Adore= Ciry
Sane Zip
Supplier Name
Suppler Phone Number
Supplier Address ON
.State zip
Reference Information
Provide two (2) property owners (preferably in McLeod County) for character references:
Walmart Stores, Inc.
479 - 273 -4219
Property Owner Name
Property Owner Phone Number
1300 Trunk Highway 15 South Hutchinson MN 55350
Property OwmrAoutm Ciry
Sane Zip
Pamida
320 - 864 -6005
Property Owner Name
Property Owner Phone Number
3225 Tenth Street East Glencoe
MN 55336
Propery OWnerAdlABrr cit
.S7ale Z'
City of Hurclumon
dpplirat for Peddlers, Solicitors, and 7ianriem Merc/nnrs
Page 3 of a
Reference Information
List last (up to three (3)) previous city(ies) where you carried on same activity:
Albert Lea MN 6/20/11 to 7/5/11
City Smm DaWs)ofAamty
Baxter MN 6/20/11 to 7/5/11
city sum Datels)orActiAiy
Worthington MN 6/20/11 to7/5/11
City Sam r %m(s)or Adivily
Checklist
The following items need to be completed and/or attached in order for the application to be processed:
'I
App] icationAnvestigation fee paid in full (check or money order): Fy-/Ies ❑ no
Application completed in full and signed: 7es ❑ no
I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate.
I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance
No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by
imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution.
Applicant's Signature Date
Internal Use Only
Police ❑ approved ❑ denied Notes:
City Council ❑ approved ❑ denied Notes:
lLil.maW�ppliutimvPMNa. Sdi�i�a. TewiurtEOc
� c6)
Walmart �o�.
Save money. Live better.
2001 SE 100 Street
Bentonville, AR 72718
Phone 479-279 -4219
Fax 479- 204.2283
Ap01.L1ee1or0Gwa1- m3rt.mm
January 1'r, 2012
To Whom it May Concern,
American Promotional Events, Inc. dba TNT® Fireworks is an approved National
Supplier for 2012 to conduct fireworks sales on our stores' parking lots where this
type of promotion is legal. Events usually run 7 to 12 days with set up beginning
approbmately 5 days prior to the event.
An American Promotional Events, Inc. dba TNT® Fireworks representative will call
you to introduce the company and discuss your participation in the event.
Participation is encouraged and does add additional income to your other income
account. The Store Manager must approve the store's participation and placement
on the parking lot by store stamping the Pre -Sale Survey. All stores have researched
and approved by the Walmart Realty Department. TNT® Fireworks is responsible for
obtaining all necessary permits and /or licenses and must display such permits
and/or licenses at each location.
Thank you in advance for your cooperation in this matter and if you have any
questions, please contact Automated Consumer Services at (479) 273 -4219.
Best Regards,
an NW+) �'"/�IIJ►f�/
April Crawford
Manager Consumer Services
Walmart Stores, Inc.
—1 4b
ACli CERTIFICATE OF LIABILITY INSURANCE
DATE IYVYYI
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
11/30/22011 011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME:
FAX
a "Nn Eat:44 - - AIG _No):4�- 1.234...
Britton - Gallagher and Associates, Inc.
6240 SOM Center Rd.
E -MAIL
Cleveland OH 44139
ADDRESS:
INSURER RI) AFFORDING COVERAGE
NAIL If
X-1 COMMERCIAL GENERAL LIABILITY
INSURER A
INSURED 5530
INSURER Ii
DAMAGE TO RENTED
PREMISES LEa ocw ence
American Promotional Events Inc.
INSURER C:
CLAIMS MADE rX _ OCCUR
dba TNT Fireworks
P. O. Box 1318
INSURER
MED EXP (Any on person)
Florence AL 35631
INSURER E:
-
51000000
INSURER F:
x 8kl CODIfaCWd _
COVERAGES CERTIFICATE NUMBER: 254852352 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
I -
TYPE OF INSURANCE
ADDL
!INSR
SUER'
WVD'i POLICY NUMBER
POLICY EFF
MNVDDIYYYY
POLICY EXP
MMIODIYYYV
LIMITS
A
GENERAL LIABILITY
44272132
1111/2011
1(1/2012
EACH OCCURRENCE
$O 000
X-1 COMMERCIAL GENERAL LIABILITY
I
DAMAGE TO RENTED
PREMISES LEa ocw ence
_
$50000 _
CLAIMS MADE rX _ OCCUR
MED EXP (Any on person)
PERSONALSADV INJURY
-
51000000
x 8kl CODIfaCWd _
i
IX Hostile Fire Pot
GENERAL AGGREGATE
GEN L AGGREGATE LIMIT APPLIES PER
1 PRODUCTS - COMPIOPAGG'$2,000,000
POLICY PRO- X TOO
$
AUTOMOBILE LIABILITY
So accident )
j_
BODILY INJURY (Per person)
$
ANY AUTO
ALL OWNED �_ -�i SCHEDULED
AUTOS AUTOS
INJURY (Par accitlen0
BODILY --- en!)
$ - - _ --
$
PROPERTY DAMAGE
Per accident
$
NON - OWNED'.
HIRED AUTOS AUTOS
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
EXCESS LIAB
CLAIMS -MADE
DED RETENTION$
S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE
WC STATU- OTH-
I_MI ER-
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$
OFFICERIMEMBER EXCLUDED?
NIA
- _
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYE
$
E.L. DISEASE - POUCY LIMIT
$
If yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required)
Additional Insured: Grow Ministries (TNT Customer) and property located at MN 1738 1300 Trunk Highway 15 S., Hutchinson, MN 55350
The above listed are Additional Insured respects to General Liability policy as required by written contract subject to policy terms, conditions
and exclusions.
Walmart Stores, Inc
702 SW 8th Street
Bentonville AR 72716
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
/ I
OZk1:I:bI1)i Ll)/_THe1 c7alKelitll]:L]INI:�_lll
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD // 1$$1..��
—) W�
April 19, 2012
RE: Police Commission Appointment
Dear Council Members,
Mark Jelkin's second term on the Police Commission is coming to an end in May and I would like to
appoint Curtis Hughes to fill that position. Curtis is a Team Leader (Supervisor) at 3M. He has been a
past participant in the Citizen's Police Academy, the Chamber's Hutchinson Leadership Development
Institute and currently is a member of the Leadership Institute's Design Team.
Curtis has a sincere appreciation for the service that the police department and officers provide to the
community and his background and experience makes him a good fit for this position. I have spoken to
Chief Hatten and he agrees that Curtis would be a good selection. I would appreciate your support and
approval.
Sincerely,
Mayor Steve Cook
V1 �C)
3
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
John Paulson, Environmental Specialist
RE: Consideration for Approval of Amending South Park Water Tower Lease
Agreement with Midwest Wireless L.L.C. d/b /a Verizon Wireless
DATE: April 24, 2012
In 2011 Verizon Wireless contacted the City and requested to replace existing antenna equipment located on
the South Park Water Tower. Most of the proposed changes were allowed under the existing lease agreement
that was executed in November 2010. The need for amending the existing site lease is due to Verizon's
request for adding antennas in excess of the six they are allowed in the active lease agreement. They are
requesting one additional antenna at this time. To accommodate their future needs the lease is being amended
to allow up to nine total antennas on the water tower.
At the time of the request the City had already began the development of the South Park Water Tower
Rehabilitation Project. Coordination of the projects has been ongoing. The installation of Verizon's new
equipment is planned to take place during the tower rehabilitation so the tower's new finish is not
compromised.
We recommend that the attached Amendment No. 1 to Site Lease Agreement be approved.
cc: Jeremy Carter, City Administrator
`1 LA)
NIN07 Hutchinson
AMENDMENT NO. 1 TO SITE LEASE AGREEMENT
This AMENDMENT NO. 1 TO SITE LEASE AGREEMENT ( "Amendment ") is made
this day of , 201, by and between the City of Hutchinson, a
Minnesota municipal corporation, ( "Landlord ") and Midwest Wireless Communications L.L.C.
d/b /a Verizon Wireless, a Delaware limited liability company, ( "Tenant "), with reference to the
facts set forth in the Recitals below:
RECITALS
A. Landlord and Tenant, or their predecessor in interest, are parties to a Site Lease
Agreement dated November 22, 2010 (the "Agreement ") whereby Landlord has leased a portion
(the "Premises ") of Landlord's water tower (the "Structure ") and real property (the "Property") to
Tenant to install and operate a Landlord- approved communications antenna facility.
B. Landlord and Tenant desire to (i) change the number of allowed antennas/coax,
(ii) adjust the monthly rent payable to Landlord; and (iii) provide for a temporary relocation of
Tenant's facility. The Landlord and Tenant are at times collectively referred to hereinafter as the
"Parties" or individually as the "Party."
AGREEMENT
NOW, THEREFORE, in consideration of the facts contained in the Recitals above, the
mutual covenants and conditions below, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties agree as follows:
Leased Premises. Effective immediately, Exhibit B is amended to provide for the
removal of three (3) omni antennas and three (3) 7/8 inch coax and the addition of three
(3) panel antennas, six (6) 1 518 inch coax, one (1) microwave dish and one (1) elliptical
coax for a final configuration consisting of a total of six (6) panel antennas, six (6) 7/8
coax, six (6) 1 5/8 inch coax and one (1) microwave dish/coax.
2. Rent. Commencing on June 1, 2012 ( "Rent Increase Date "), the monthly rent payable
under the Lease is hereby increased to a total of $23,870.25 per year. The increased
amount shall escalate pursuant to the Agreement. The parties acknowledge and agree that
the increased monthly rent payment(s) may not actually be sent by Tenant until thirty (30)
days after the full execution and delivery of this Amendment or June 1, 2012, whichever
is later.
3. Temporary Relocation. The parties acknowledge and agree that Landlord plans to repaint
the Structure during the summer of 2012. The parties acknowledge and agree that there
shall be no additional expense due to the Landlord pursuant to paragraph 7 of the
Agreement and that Tenant shall place a temporary cell site and antenna structure on
Landlord's Property during the repainting at the location described on Exhibit B -1.
Landlord shall give Tenant at least one (1) month written notice before the start of the
scheduled repainting.
MN07 Hutchinson
Amendment No. 1 to Site Lease Agreement
1987406v2
I ti,)
4. Ratification of The Agreement. Except as specifically modified by this Amendment, the
parties agree that all of the terms and conditions of the Agreement are in full force and
effect and remain unmodified, and the parties hereby ratify and reaffirm the terms and
conditions of the Agreement and agree to perform and comply with the same. In the
event of a conflict between any term or provision of the Agreement and this Amendment,
the terms and provisions of this Amendment shall control. In addition, except as
otherwise stated in this Amendment, all initially capitalized terns will have the same
respective defined meaning stated in the Agreement. All captions are for reference
purposes only and shall not be used in the construction or interpretation of this
Amendment.
IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be
executed by each party's duly authorized representative on the date written below.
LANDLORD: TENANT:
City of Hutchinson, Midwest Wireless Communications L.L.C.
a Minnesota municipal corporation d/b /a Verizon Wireless,
a Delaware limited liability company
By:
Name: By: Alltel Communications, LLC, Its Sole
Its: Mayor Member
By: By.
Name: Beth Ann Drohan
Its: City Administrator Its: Area Vice President Network
Date:
Date:
Acknowledgments on following page
The remainder of this page intentionally left blank
MN07 Hutchinson
Amendment No. 1 to Site Lease Agreement
1987406v2
I ca)
ACKNOWLEDGMENTS
LESSOR ACKNOWLEDGMENT
STATE OF MINNESOTA )
) SS.
COUNTY OF )
This instrument was acknowledged before me on , 20_ by
and , the Mayor and City
Administrator, respectively of the City of Hutchinson, a Minnesota municipal corporation, on
behalf of the corporation.
Signature of Person Taking Acknowledgment
(Seal, if any)
Title or rank
Serial Number, if any
LESSEE ACKNOWLEDGMENT
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
On this day of , 20_, before me, the undersigned, a Notary
Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth
Ann Drohan, to me known to be the Area Vice President Network of Alltel Communications,
LLC, the Sole Member of Midwest Wireless Communications L.L.C. d/b /a Verizon Wireless, that
executed the foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of Midwest Wireless Communications L.L.C. d/b /a Verizon Wireless, for
the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Print or Type Name:
Notary Public in and for the State of Illinois
My appointment expires:
Remainder of page intentionally left blank
MN07 Hutchinson
Amendment No. I to Site Lease Agreement
1987406v2
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TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Consideration for Approval of Items for 2012 Street Sealcoating Project
(Letting No. 4 /Project No. 12 -05)
DATE: April 24, 2012
City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the
above referenced project at their May S" meeting.
We recommend that the attached Resolutions be approved.
cc: Jeremy Carter, City Administrator
--I (-(,-)
PUBLICATION NO. 7933
NOTICE OF HEARING ON IMPROVEMENT
LETTING NO.4
PROJECT NO. 12 -05
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the
Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the 8th day of May, 2012, to
consider the making of an improvement of:
2012 Street Sealcoating; application of bituminous material and crushed aggregate,
clean -up and appurtenances within specified sections of 1 st Ave NW, 1st Ave SW, 2nd
Ave NW, 3rd Ave NW, 5th Ave NE, 9th Ave NE, Calgary Ln SE, Calgary Ln SW, Cedar
Ave NW, Clark St NE, Denver Ave SE, Echo Cir SE, Echo Dr SE, Edmonton Ave SE,
Franklin St NW, Franklin St SW, Glen St NW, Glen St SW, Goebel Cir SW, Goebel St
SW, Grant Ave SE, Griffin Ave NE, Harmony Ln SW, Hassan St SE, Jorgenson St SE,
Kay St SW, Lincoln Ave SW, Maple St NE, Milwaukee Ave SW, Oak St NE, Ottawa Ave
SE, Prospect St NE, Selchow Ave SE, Service Rd -2 (NW), Sherwood St SE, Southfork
Dr SE, Summerset Ln SE, Sunburst Way SE and Toronto Blvd SE
pursuant to Minnesota Statutes, Sections 429.011 to 429.111.
The estimated City Cost of said improvement is $287,000.00, with an Assessable Cost of $0.00, for the
total estimated cost of $287,000.00. Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
Dated: 04/24/2012
City Administrator, Jeremy J. Carter
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR
AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE
REPRESENTATION OF OPINION.
PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, APRIL 25TH, 2012 AND ON
WEDNESDAY, MAY 2ND, 2012.
-I it)
RESOLUTION NO. 13992
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
LETTING NO. 4
PROJECT NO. 12 -05
WHEREAS, it is proposed to improve:
2012 Street Sealcoating; application of bituminous material and crushed aggregate, clean-
up and appurtenances within specified sections of 1 st Ave NW, 1 st Ave SW, 2nd Ave NW,
3rd Ave NW, 5th Ave NE, 9th Ave NE, Calgary Ln SE, Calgary Ln SW, Cedar Ave NW,
Clark St NE, DenverAve SE, Echo Cir SE, Echo Or SE, Edmonton Ave SE, Franklin St NW,
Franklin St SW, Glen St NW, Glen St SW, Goebel Cir SW, Goebel St SW, Grant Ave SE,
Griffin Ave NE, Harmony Ln SW, Hassan St SE, Jorgenson St SE, Kay St SW, Lincoln Ave
SW, Maple St NE, Milwaukee Ave SW, Oak St NE, Ottawa Ave SE, Prospect St NE,
Selchow Ave SE, Service Rd -2 (NW), Sherwood St SE, Southfork Dr SE, Summerset Ln
SE, Sunburst Way SE and Toronto Blvd SE; and
WHEREAS, it is proposed to fund all or a portion of the cost of the improvement with City bonds, pursuant to
Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT, the proposed improvement, called Letting No. 4 /Project No. 12 -05, be referred to the Engineer for
study and that that person is instructed to report to the Council with all convenient speed advising the Council
in a preliminary way as to whether the proposed improvement is necessary, cost - effective, and feasible;
whether it should best be made as proposed or in connection with some other improvement; the estimated
cost of the improvement as recommended; and a description of the methodology used to calculate individual
assessments for affected parcels.
Adopted by the Council this 24th day of April 2012.
Mayor: Steven W. Cook
City Administrator: Jeremy J. Carter
jt'�)
RESOLUTION NO. 13993
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
LETTING NO.4
PROJECT NO. 12 -05
WHEREAS, pursuant to a resolution of the Council adopted April 24th, 2012, a report has been
prepared by Kent Exner, Public Works Director /City Engineer with reference to proposed Letting No. 4 /Project
No. 12 -04, the improvement of:
2012 Street Sealcoating; application of bituminous material and crushed aggregate, clean-
up and appurtenances within specified sections of 1st Ave NW, 1st Ave SW, 2nd Ave NW,
3rd Ave NW, 5th Ave NE, 9th Ave NE, Calgary Ln SE, Calgary Ln SW, Cedar Ave NW,
Clark St NE, Denver Ave SE, Echo Cir SE, Echo Dr SE, Edmonton Ave SE, Franklin St NW,
Franklin St SW, Glen St NW, Glen St SW, Goebel Cir SW, Goebel St SW, Grant Ave SE,
Griffin Ave NE, Harmony Ln SW, Hassan St SE, Jorgenson St SE, Kay St SW, Lincoln Ave
SW, Maple St NE, Milwaukee Ave SW, Oak St NE, Ottawa Ave SE, Prospect St NE,
Selchow Ave SE, Service Rd -2 (NW), Sherwood St SE, Southfork Dr SE, Summerset Ln
SE, Sunburst Way SE and Toronto Blvd SE; and
said report was received by the Council on April 24th, 2012
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. The Council will consider the improvement of such street(s) in accordance with the report and
issue bonds for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at
an estimated total cost of the improvement of $287,728.00.
2. A public hearing shall be held on such proposed improvements on the 8th day of May, 2012, in the
Council Chambers of the Hutchinson City Center at 6:00 P.M., and the Clerk shall give mailed and published
notice of such hearing and improvements as required by law.
Adopted by the Hutchinson City Council this 24th day of April, 2012.
Mayor: Steven W. Cook
City Administrator: Jeremy J. Carter
-1 1-t)
HUTCHINSON PUBLIC WORKS/ENGMERMG DEPARTMENT
Hutchinson City Center /1I I Hassan St SE/Hutchinson MN 55350 - 2527/320- 234- 4209/FAX 320 - 234 -4240
ENGINEERING REPORT & FEASIBILITY STUDY
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
DATE: April 24, 2012
SUBJECT: Letting No. 4 /Project No. 12 -05
I have studied the following proposed improvements and find that the proposed project is feasible and recommend it
be constructed:
L4/P12 -05 2012 Street Sealcoating; application of bituminous material and crushed aggregate, clean -up and
appurtenances within specified sections of 1st Ave NW, 1st Ave SW, 2nd Ave NW, 3rd Ave NW, 5th
Ave NE, 9th Ave NE, Calgary Ln SE, Calgary Ln SW, Cedar Ave NW, Clark St NE, Denver Ave SE,
Echo Cir SE, Echo Dr SE, Edmonton Ave SE, Franklin St NW, Franklin St SW, Glen St NW, Glen St
SW, Goebel Cir SW, Goebel St SW, Grant Ave SE, Griffin Ave NE, Harmony Ln SW, Hassan St SE,
Jorgenson St SE, Kay St SW, Lincoln Ave SW, Maple St NE, Milwaukee Ave SW, Oak St NE, Ottawa
Ave SE, Prospect St NE, Selchow Ave SE, Service Rd -2 (NW), Sherwood St SE, Southfork Dr SE,
Summerset Ln SE, Sunburst Way SE and Toronto Blvd SE
ESTIMATED COST
TOTAL
Construction Cost
$256,900
Engineering
$19,268
Administration
$7,707
FiscaULe alAnterest
$3,854
ESTIMATED TOTAL
$287,728
ESTIMATED FUNDING
TOTAL
Assessable Costs
$0
State Aid
$0
C - Bonding
$287,728
City - Water Funds
$0
City - Wastewater Funds
$0
City - Stormwater Funds
$0
ESTIMATED TOTAL
$287,728,
1c4)
'I
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Chief Daniel T. Hatten
DATE: April 17, 2012
RE: Foundation for Challenged Children Parade
Attach is a request from Charlie Ardolf and the Foundation for Challenged Children. The
request outlines their wish to hold a short parade on Mayl g`h, 2012 as part of their annual
motorcycle /classic car run. The parade will begin at 10 a.m. and is estimated to last
approximately 15 minutes.
The staging for this event will be on 18t Ave. NW from Main St to Franklin St. SW. This
block would need to be closed at approximately 5 a.m. on May 1gth 2012 to insure no
unwanted traffic /parking would affect the event and the streetwould be re- opened afterthe
parade begins (10 a.m.).
The proposed parade route is as follows:
15t Ave NW to Main St. N.
• North on Main to Hwy 7 W.
• Hwy 7 west to the city limits of Hutchinson
My staff and I have reviewed the information and I am confident that the police department
can accommodate this request. We will assist with traffic control throughout the parade and
monitor intersections along the parade route.
We look forward to working with this fine organization and assisting them in their efforts.
Permit F : S30 (Aort term)
Date Received: 4� 201
I11 Hassan Street Southeast
Hutchinson, MN 55350 W
(320) 581- 5151/Fa : (320) 234.4240
City of Hutchinson
APPLICATION FOR PARADE PERMIT
All applications must be received at least 30 days before event in order to be considered
yr anlzanonInrormanonn
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Organization Name Phone Number
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Residence Address City
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Parade Chairman Name
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Phone Number
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State zip
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Phone Number
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Residence Address City State zip
Parade Information
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Assembly Time:
n p
!y (l1 i LL L I C'
Location and Description of Assembly Area: ^41N
,S i 4- f' r
/
i-1 V E /'� ( / F>a 10,4 &'a
Starting Time of Parade: IC A IA
Estimated Time of Parade: 1 d AJ I N
Starting Point of Parade: D t (C y Li U , � N
NA, N , �'C
A y'f N
Route of Parade Travel: NA A i ti S l t Y a 21 N }- L� I N' -r�:LS
E'Z I /o;U C ' N
Ending Point of Parade: 1 Loy N
C li 00 L- tQ-b
,
Approximate Number of Units, Animals, and Vehicles
which will constitute
Parade:, 1 fd Ei
Type and Description of Animals and Vehicles: [q0
1 C dLL`I C Q
C' LASS Ic Q6 ;LS
Maximum Interval of Space to be Maintained Between Units:
Maximum Length of Parade: U �1 KN d v) N
Al 1 14 I S 1-1
M � -
Minimum and Maximum Speed of Parade: _30
M e N PAA X
C 1V 1i LO Y, MPH
Portion of Street Width Traversed:
1( -o
City of Hutchinson
Application for Parade Permit
Page 1 of 2
Checklist
The following items need to be completed and/or attached in order for the application to be processed:
Permit fee paid in full (check or money order): yes ❑ no
Permit Application completed in full and signed: 15rYes ❑ no
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted.
or parade chairman Date
Police ❑ approved ❑ denied Notes:
City Council ❑ approved ❑ denied Notes:
Sgt. Joe Nagel
R
Hutchinson City Council
The Foundation for Challenged Children will be having our 20th Annual
Bike Run on Saturday May 19th. We would like to close 1St Ave. NE. next to
the Dairy Queen for staging of the motorcycles and classic cars from 7A.M.
till the ride leaves at 10 A.M. We plan to leave from 1St Ave. NE. and Main
Street. We would appreciate it if the Hutchinson Police Department could
provide an escort as in years past when we leave. Our route would be from
1St. Ave. NE., turning onto Main St. / Hwy 15. We then would proceed to
turn left onto State Hwy. 7 going west. We also would like to have the
intersection at Hwy. 7 and School Rd. blocked when we would be going
through, at which point HPD's assistance would no longer be needed.
Our agenda has changed for this year. We will NOT be returning as a
group to Hutchinson. Our ride will be terminating in Kingston, MN.
We appreciate all of your help as in the past and hope that you will be able
to accommodate us again this year.
Thank you
Charlie Ardolf
Vice Pnm.-gAant
Foundation For Challenged Children
-I(�)
�'vp
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Chief Daniel T. Hatten
DATE: 4 -17 -12
RE: Farmers Market
Attach is a request from Miles Seppelt and the Hutchinson Downtown Association. The
request outlines their wish to host the September 15th, 2012 Farmer's Market in the City
Center Parking Lot from 8 a.m. to Noon during the Arts and Crafts Festival.
My staff and I have reviewed the information and I am confident that the police department
can accommodate this request. The Farmer's Market is accustom to the rules and
regulations in the area during the festive as they has sold their products in the City Center
parking lot for the past several years during this event.
1.
ASSOCIAT \ON
MEMORANDUM
Date: April 9, 2012
To: Dan Hatten From: Miles R. Seppelt - -fd-X
Chief of Police Economic Development Director
RE: Request to use City Center Parking Lot
The Hutchinson Downtown Association is hereby requesting permission to make use of the City
Center Parking lot for the downtown farmer's market on Saturday, September 15th, 2012 from
8:00 AM to Noon (this is during the Arts & Crafts Festival).
The Farmer's Market has been in the City Center parking lot during the Arts & Crafts festival for
the past several years and it seems to work well for both vendors and customers.
If you have any questions or need additional information, please give me a call at (320) 234-
4223 at any time.
Thank you for your time and consideration.
City Center • I l l Hassan Street SE • Hutchinson, MN 55350 • Telephone: 320.234.4223 • Fax: 320 -4240
Wyof
CITY OF HUTCHINSON
MEMO
Administration Department
April 18, 2012
TO: MAYOR & CITY COUNCIL
FROM: JEREMY CARTER, CITY ADMINISTRATOR
SUBJECT: OUT -OF -STATE TRAVEL REQUEST
The Economic Development Authority Director is requesting out -of -state travel to attend a two -day course on
"Entrepreneurial and Small Business Development Strategies", which is offered by the International
Economic Development Council (IEDC). This course is part of the six class curriculum that must be attended to
complete the Certified Economic Developer (CEcD) certification; this designation is considered the standard of
excellence for the economic development profession. The International Economic Development Council's
(IEDC) Certified Economic Developers (CEcDs) are acknowledged around the world as having achieved the
pinnacle of excellence in the economic development field.
A course like this brings value and additional information to the respective area of the Director's expertise and
provides a greater knowledge base that will benefit the City of Hutchinson in its ongoing efforts to provide
greater economic growth within the community.
Because of the value of this class and the pertinent course topic, I'm recommending this travel request be
approved. If there are any questions on this request please let me know.
Sincerely,
Jeremy J. Carter
City Administrator
City of Hutchinson
--� Ll�
'JIL�'
Hutchinson
MINNESOTA'S MANUFACTURING CITY
Economic Development Authority
MEMORANDUM
Date:
April 18, 2012
To:
Jeremy Carter
City Administrator
From:
Miles R. Seppelt
EDA Director
RE:
Request for Out -of -State Travel
Hi Jeremy,
I am writing to request permission for out-of -state travel on June 6 / 7 / 8 to attend a professional
development course in St. Louis, Missouri.
The two -day course is "Entrepreneurial and Small Business Development Strategies" and is
offered by the International Economic Development Council (IEDC).
Course tuition and travel expenses are budgeted for and would be covered by the EDA's
travel /school /conference budget line item.
If you have any questions or need additional information, please give me a call at 234 -4223.
Thanks,
Miles
I I l Hassan Street Southeast
Hutchinson, NN 55350
(320)587- 5151/Fax:(320) 234 -4240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349
All applications must be received at least 30 days before event in order to be considered
Application T12e
Short Term Date(s) _� —�o� — % �/ /� Fee: $30.00
Month/D /Year — Month/Day /Year *
—twwao 12=
Organization Information
HfA2,T of mn /A AI(Y'4t. Stt�oLt --c2.
320�1-3V9699
Name
Phone Number
`1F'60 Ceti NP -Y af)f
rhn 55350
Address where regular meeting are held City
State Zip
Day and time of meetings?
Is this organization organized under the laws of the State of Minnesota? `Siryes
❑ no
How long has the organization been in existence? ► 11 q 9 How may members in the organization? too+
What is the purpose of the organization? A t m A t, LA) z l4Al2p
In whose custody will organization records be kept?
U-khl,yart A 0IZ44
320 �3t4737S
Name
Phone Number
�1 ?�i 1 yok Si "UT(Hl1)5tin mn
55 350
Address City
State ZIP
Authorized Officer of the
=30�U W Y \(l (gf�4f5 SAf)lQ aS flrSiltiP_
True Name Phone Number
Residence Address
Date of Birth: 40 /10/190
Month/day /year
Have you ever been convicted of any crime other than a
If yes, explain:
City State
Place of Birth: G Lery O y
City
traffic offense? ❑ yes 0(no
Zip
M Y\
State
City of Hutchinson
Application jor Bingo Gambling Devices License
Page 2 of 3
Statute
True Name Phone Number
Residence Address City
Date of Birth: Place of Birth:
State Zip
Month/day /year City
Have you ever been convicted of any crime other than a traffic offense? ❑ yes no
If ves. exnlain:
How long have you been a member of the organization? J3 q q
State
Game Information
Location #1 -h
Name of location where game will be played
Phone Number
54.E A &z l� r�r
Jt
Address of location where game will be played City State Zip
Date(s) and /or day(s) gambling devices will be used: �`a.1i�0) through
lA L
AM
Hours of the day gambling devices will be used: From PM To
_e) C�O P
Maximum number of player:_
Will prizes be paid in money or merchandise? ❑ money J' merchandise
Will refreshments be served during the time the gambling devices will be used? ❑ yes
.4 no
If yes, will a charge be made for such refreshments? ❑ yes ❑ no
Game Information
Location #2
Name of location where game will be played
Phone Number
Address of location where game will be played City State Zip
Date(s) and /or day(s) gambling devices will be used: through
AM
AM
Hours of the day gambling devices will be used: From pM To
PM
Maximum number of player:
Will prizes be paid in money or merchandise? ❑ money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used? ❑ yes
❑ no
If yes, will a charge be made for such refreshments? ❑ yes ❑ no
Officers of the Organization j y necessary, list additional names on s
L n�GldYt��r k Ckyj -),6 �l
UName
s r
Title
G�.
Residence Address City State Zip
Mah
i Name Title
Residence Address City State Zip
L.)
City of Hutchinson
Application for Bingo Gambling Devices License
Page 3 of 3
Name Title
or Other Persons
Re.cidenre Addry e.c
Name
names on ,
Title
Residence Address City State
Name
Residence Address
Name
Residence Address
Title
City State
Title
Citt, State
Zip
Zip
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws,
ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson
Ordinance 114.20 and Minnesota Statutes Chapter 349)?
Gambling Manager 0 yes ❑ no i Authorized Officer PKyes ❑ no /O
Initial Initial
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No.
114.20 relating to gambling and I will familiarize myself with the contents thereof.
l
officer of organization
ofgambling manager of organization
City Council ❑ approved E3 denied Notes:
Date
Date
CITY OF HUTCHINSON
R55CKREG
LOG22001VO
Council Check Register
4/11/2012 - 4/24/2012
Check #
Ck Date Amount
Vendor/ Explanation
Account Description
Business Unit
170204
4/16/2012
3,690.00
SUPERIOR HOME EXTERIORS
HOUSING REHAB LOANS
NE Neighborhood Rehab Project
170205
4/24/2012
290.00
AARP
PROFESSIONAL SERVICES
SENIOR CITIZENS CENTER
170206
4/24/2012
283.35
ACE HARDWARE
RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170207
4/24/2012
101.41
AEM MECHANICAL SERVICES, INC REPAIR & MAINTENANCE SUPT HATS OPERATIONS
170208
4/24/2012
194.51
AG SYSTEMS
EQUIPMENT PARTS
WASTEWATER ADMINISTRATION
170209
4/24/2012
470.98
ALL IN ONE PROMOTIONS
MISCELLANEOUS
INVESTIGATION
170210
4/24/2012
53.44
ALPHA WIRELESS
COMMUNICATIONS
COMPOST MANUFACTURING
170211
4/24/2012
18,756.00
AMERESCO
CONTRACTS PAYABLE - RETAIN
CAPITAL IMPROVEMENTS B/S
170212
4/24/2012
120.00
AMERICAN BOTTLING CO
COST OF MIX & SOFT DRINKS
LIQUOR OPERATIONS
170213
4/24/2012
134.17
AMERICAN FAMILY INS CO.
ACCRUED LIFE INSURANCE
PAYROLL FUND B/S
170214
4/24/2012
10.85
AMERICAN WELDING & GAS
CENTRAL GARAGE REPAIR
PARK ADMINISTRATION
170215
4/24/2012
1,193.26
AMS COATING SYSTEMS INC.
SIGNS & STRIPPING MATERIAL
PARK ADMINISTRATION
170216
4/24/2012
503.60
ANIMAL MEDICAL CENTER ON CR, OTHER CONTRACTUAL
POLICE PATROL ADMINISTRATION
170217
4/24/2012
70.44
ARAMARK UNIFORM SERVICE
CLEANING SUPPLIES
HATS OPERATIONS
170218
4/24/2012
228.44
ARCTIC GLACIER PREMIUM ICE IN
COST OF MIX & SOFT DRINKS
LIQUOR OPERATIONS
170219
4/24/2012
350.30
ARNESON DISTRIBUTING CO
COST OF SALES -BEER
LIQUOR OPERATIONS
170220
4/24/2012
319.66
ARROW TERMINAL LLC
EQUIPMENT PARTS
STREETS & ALLEYS
170221
4/24/2012
80.16
ATOMIC TARP LLC
OPERATING SUPPLIES
FIRE DEPT SHARED COST
170222
4/24/2012
2,000.00
AUTOMATIC SYSTEMS CO
OTHER CONTRACTUAL
WATER ADM
170223
4/24/2012
55.72
B & B SPORTS
OPERATING SUPPLIES
FIRE DEPT SHARED COST
170224
4/24/2012
2,325.00
B & L UTILITY MAINTENANCE
CONTRACT REPAIR & MAINTEf
WATER ADM
170225
4/24/2012
2,814.25
B. W. WELDING
RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170226
4/24/2012
390.00
BCA
TELEPROCESSING EQUIP
COMMUNICATIONS- ADMINISTRATIOI`
170227
4/24/2012
173.41
BERNICK'S FOOD SERVICE
COST OF MIX & SOFT DRINKS
LIQUOR OPERATIONS
170228
4/24/2012
1,299.26
BFG SUPPLY COMPANY
RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170229
4/24/2012
631.89
BLUE EARTH COUNTY
DUES & SUBSCRIPTIONS
POLICE ADMINISTRATION
170230
4/24/2012
5,770.03
BRANDON TIRE CO
CENTRAL GARAGE REPAIR
STREETS & ALLEYS
170231
4/24/2012
5,345.75
BRAUN INTERTEC CORP
PROFESSIONAL SERVICES
STORM WATER ADMINISTRATION
^'
170232
4/24/2012
670.00
BROTHERS FIRE PROTECTION COA CONTRACT REPAIR & MAINTEl'
WASTEWATER ADMINISTRATION
170233
4/24/2012
3,183.99
BRYAN STREICH TRUCKING
FREIGHT
COMPOST MANUFACTURING
170234
4/24/2012
185.96
BUSINESSWARE SOLUTIONS
DUE FROM UTILITIES
GENERAL FUND
170235
4/24/2012
19,924.25
C & L DISTRIBUTING
COST OF SALES -BEER
LIQUOR OPERATIONS
170236
4/24/2012
99.80
CALIFORNIA CONTRACTORS SUPP SAFETY SUPPLIES
STREETS & ALLEYS
170237
4/24/2012
11.04
CARQUESTOF HUTCHINSON
MOTOR FUELS & LUBRICANTS WASTEWATER ADMINISTRATION
170238
4/24/2012
219.63
CENTRAL HYDRAULICS
RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170239
4/24/2012
211.79
CENTRAL MCGOWAN
OPERATING SUPPLIES
HATS OPERATIONS
170240
4/24/2012
959.74
CHAPPELL CENTRAL INC.
CONTRACT REPAIR & MAINTEI WATER ADM
170241
4/24/2012
40.00
CHRISTIE, ANGELA
RECREATION ACTIVITY FEES
SOCCER
170242
4/24/2012
16.00
CLOBES, TOM
OTHER REVENUES
RECREATION BLDG. & POOL
170243
4/24/2012
176.34
COMPAR, INC
OPERATING SUPPLIES
POLICE PATROL ADMINISTRATION
170244
4/24/2012
25.00
CONTRERAS, RAQUEL
RECREATION ACTIVITY FEES
SOCCER
170245
4/24/2012
355.00
CORNER POST EROSION CONTROI
OTHER CONTRACTUAL
STORM WATER ADMINISTRATION
170246
4/24/2012
133.46
CROW RIVER AUTO & TRUCK REP, AUTOMOTIVE REPAIR
POLICE PATROL ADMINISTRATION
170247
4/24/2012
305.47
CROW RIVER GLASS & SIGNS
REPAIR & MAINTENANCE SUPf RECREATION BLDG. & POOL
170248
4/24/2012
105.00
CROW RIVER PRESS INC
PRINTING & PUBLISHING
EVENTS CENTER ADM.
170249
4/24/2012
1,440.00
CROW RIVER SIGNS
OPERATING SUPPLIES
SOCCER
170250
4/24/2012
3,532.43
CUMMINS NPOWER, LLC
CONTRACT REPAIR & MAINTEI EMERGENCY MANAGEMENT
170251
4/24/2012
6,724.85
DAY DISTRIBUTING
COST OF SALES -BEER
LIQUOR OPERATIONS
170252
4/24/2012
5,662.43
DPC INDUSTRIES INC
CHEMICALS & PRODUCTS
WASTEWATER ADMINISTRATION
170253
4/24/2012
2,425.07
DROP -N -GO SHIPPING, INC
PRINTING & PUBLISHING
CITY ENGINEER
170254
4/24/2012
5,075.00
DUANE BLOCK TRUCKING INC
FREIGHT
COMPOST MANUFACTURING
170255
4/24/2012
30.00
DUNDEE
MISCELLANEOUS
FINANCE - ADMINISTRATION
170256
4/24/2012
804.17
E2 ELECTRICAL SERVICES INC
RECEIVED NOT VOUCHERED
COMPOST FUND B/5
170257
4/24/2012
188.10
ECOLAB PEST ELIM
RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170258
4/24/2012
100.00
EHLERS & ASSOCIATES INC
MISCELLANEOUS
2011 IMPROV BOND DEBT SERVICE
170259
4/24/2012
1,805.00
EMERSON NETWORK POWER
DATA PROC EQUIPMENT RENT
INFORMATION SERVICES ADMIN.
170260
4/24/2012
1,190.59
ENGINEERING AMERICA, INC.
EQUIPMENT PARTS
WASTEWATER ADMINISTRATION
170261
4/24/2012
4,030.00
EVERBRIDGE INC
DATA PROC EQUIPMENT RENT
INFORMATION SERVICES ADMIN.
170262
4/24/2012
814.09
EXNER, KENT
SMALLTOOLS
CITY ENGINEER
170263
4/24/2012
1,070.04
FASTENAL COMPANY
CENTRAL GARAGE REPAIR
PARK ADMINISTRATION
170264
4/24/2012
5,016.72
FENSKE'S STUMP REMOVAL
CONTRACT REPAIR & MAINTEI PARK ADMINISTRATION
J
170265
4/24/2012
123.84
FIELDSTONE VINEYARDS
COST OF SALES -WINE
LIQUOR OPERATIONS
v�
170266
4/24/2012
749.78
FINANCE & COMMERCE
ADVERTISING
CITY ENGINEER
170267
4/24/2012
245.29
FIRE SAFETY USA, INC OPERATING SUPPLIES
FIRE DEPT SHARED COST
170268
4/24/2012
111.25
FISHER SCIENTIFIC OPERATING SUPPLIES
WASTEWATER ADMINISTRATION
170269
4/24/2012
57.03
G & K SERVICES OPERATING SUPPLIES
COMPOST MANUFACTURING
170270
4/24/2012
3,200.00
GAVIN, OLSON & WINTERS, LTD PROFESSIONAL SERVICES
LEGAL
170271
4/24/2012
340.00
GOVERNMENT FINANCE OFFICER`. DUES & SUBSCRIPTIONS
FINANCE - ADMINISTRATION
170272
4/24/2012
100.64
GURSTEL, STALOCK & CHARGO PA ACCRUED GARNISHMENTS
PAYROLL FUND B/S
170273
4/24/2012
1,979.10
GURSTEL, STALOCK & CHARGO PP ACCRUED GARNISHMENTS
PAYROLL FUND B/S
170274
4/24/2012
557.07
H.A. R.T. ACCRUED DEFERRED COMP
PAYROLL FUND B/S
170275
4/24/2012
50.77
HAGER JEWELRY INC. MISCELLANEOUS
CITY ADMINISTRATOR - ADM
170276
4/24/2012
65.73
HANSEN GRAVEL OPERATING SUPPLIES
PARK ADMINISTRATION
170277
4/24/2012
15.00
HARBARTH, SARAH OTHER REVENUES
RECREATION BLDG. & POOL
170278
4/24/2012
309.40
HASLER, INC RENTALS
WASTEWATER ADMINISTRATION
170279
4/24/2012
50.00
HENNEPIN COUNTY COURT ADMI OTHER REVENUES
POLICE ADMINISTRATION
170280
4/24/2012
595.94
HILLYARD / HUTCHINSON CLEANING SUPPLIES
RECREATION BLDG. & POOL
170281
4/24/2012
1,003.45
HJERPE CONTRACTING CONTRACT REPAIR & MAINTEI STREETS & ALLEYS
170282
4/24/2012
169.99
HSBC BUSINESS SOLUTIONS SMALLTOOLS
WASTEWATER ADMINISTRATION
170283
4/24/2012
3,000.00
HUTCHINSON AREA CHAMBER OF BAND CONCERTS
UNALLOCATED GENERAL
170284
4/24/2012
2,162.00
HUTCHINSON AREA HEALTH CARE COMMON AREA MAINTENAN( EVENTS CENTER ADM.
170285
4/24/2012
4,245.56
HUTCHINSON CO -OP MOTOR FUELS & LUBRICANTS COMPOST MANUFACTURING
170286
4/24/2012
312.00
HUTCHINSON PLUMBING & HEAT CONTRACT REPAIR & MAINTEI FIRE DEPT BUILD MAINT
170287
4/24/2012
1,575.00
HUTCHINSON SENIOR ADVISORY I OPERATING SUPPLIES
SENIOR CITIZENS CENTER
170288
4/24/2012
133,051.99
HUTCHINSON UTILITIES STREET LIGHTING UTILITIES
STREETS & ALLEYS
170289
4/24/2012
394.36
HUTCHINSON WHOLESALE SMALLTOOLS
POLICE PATROL ADMINISTRATION
170290
4/24/2012
4,610.16
HUTCHINSON, CITY OF UTILITIES
CLOSED BOND FUNDS
170291
4/24/2012
4,000.00
HUTCHINSON, CITY OF MISCELLANEOUS
ATM MACHINE
170292
4/24/2012
9.17
INDEPENDENT EMERGENCY SERV COMMUNICATIONS
POLICE ADMINISTRATION
170293
4/24/2012
468.30
INTERSTATE BATTERY SYSTEM MI EQUIPMENT PARTS
STREETS & ALLEYS
170294
4/24/2012
12.33
JAY MALONE MOTORS CENTRAL GARAGE REPAIR
FIRE DEPT SHARED COST
170295
4/24/2012
986.14
JEFF MEEHAN SALES INC. ACCRUED COMMISSIONS PAY) COMPOST FUND B/S
170296
4/24/2012
352.25
A TAYLOR DIST OF MN COST OF SALES -BEER
LIQUOR OPERATIONS
170297
4/24/2012
35.00
JODZIO, BETTY OTHER REVENUES
RECREATION BLDG. & POOL
170298
4/24/2012
23,266.50
JOHNSON BROTHERS LIQUOR CO. COST OF SALES -WINE
LIQUOR OPERATIONS
}
170299
4/24/2012
40.00
JOHNSON, PATRICIA RECREATION ACTIVITY FEES
SOCCER
(/�
170300
4/24/2012
2,404.46
KAREN'S ELECTRIC INC CONTRACT REPAIR & MAINTEI
STREETS & ALLEYS
J
r-
170301
4/24/2012
300.00
KARP FM RADIO
ADVERTISING CIVIC ARENA
170302
4/24/2012
116.00
KDUZ KARP RADIO
ADVERTISING LIQUOR OPERATIONS
170303
4/24/2012
3,618.38
KG MARKETING & BAG CO INC.
RECEIVED NOT VOUCHERED COMPOST FUND B/S
170304
4/24/2012
380.37
KLOSS, TOM
OFFICE SUPPLIES COMPOST MANUFACTURING
170305
4/24/2012
59.70
KOBOW, BECKY
DUES & SUBSCRIPTIONS COMPOST MANUFACTURING
170306
4/24/2012
125.00
KOSKI, COLIN
UNIFORMS & PERSONAL EQUI WATER ADM
170307
4/24/2012
15.00
KRAMER, DAVE
OTHER REVENUES RECREATION BLDG. & POOL
170308
4/24/2012
3,322.54
L & P SUPPLY CO
CENTRAL GARAGE REPAIR PARK ADMINISTRATION
170309
4/24/2012
15.00
LANE, SHELLY
OTHER REVENUES RECREATION BLDG. & POOL
170310
4/24/2012
142.98
LARSON, JASON
UNIFORMS & PERSONAL EQUI POLICE PATROL ADMINISTRATION
170311
4/24/2012
311.90
LARSON, QUENTIN
TRAVEL SCHOOL CONFERENCE CITY ENGINEER
170312
4/24/2012
180.94
LEAGUE OF MN CITIES -INS TRUST INSURANCE - DEDUCTIBLE COS] UNALLOCATED GENERAL
170313
4/24/2012
136.00
LEXISNEXIS
OTHER CONTRACTUAL INVESTIGATION
170314
4/24/2012
617.50
LEXISNEXIS
DRUG TESTING UNALLOCATED GENERAL
170315
4/24/2012
648.96
LIFE INSURANCE COMPANY OF AP
ACCRUED LIFE INSURANCE PAYROLL FUND B/S
170316
4/24/2012
1,206.57
LIFE INSURANCE COMPANY OF A�
EMPL.HEALTH & INS. BENEFIT POLICE ADMINISTRATION
170317
4/24/2012
803.28
LIFE INSURANCE COMPANY OF AIN EMPL.HEALTH & INS. BENEFIT POLICE ADMINISTRATION
170318
4/24/2012
35.07
LOCATORS & SUPPLIES
SAFETY SUPPLIES STREETS & ALLEYS
170319
4/24/2012
27,442.08
LOCHER BROTHERS INC
COST OF SALES -BEER LIQUOR OPERATIONS
170320
4/24/2012
25,444.82
LOGIS
DATA PROC EQUIPMENT RENT POLICE ADMINISTRATION
170321
4/24/2012
35.00
LOWINSKE, PATTI
OTHER REVENUES RECREATION BLDG. & POOL
170322
4/24/2012
500.00
LTP ENTERPRISES
CONTRACT REPAIR & MAINTE[ WATER ADM
170323
4/24/2012
335.16
LYNDE & MCLEOD INC
RECEIVED NOT VOUCHERED COMPOST FUND B/S
170324
4/24/2012
11.26
MATHESON TRI -GAS INC
RENTALS WASTEWATER ADMINISTRATION
170325
4/24/2012
230.99
MAYTAG LAUNDRY & CAR WASH
PROFESSIONAL SERVICES EVENTS CENTER ADM.
170326
4/24/2012
181.68
MCCORMICK'S FAMILY RESTAURP OPERATING SUPPLIES SENIOR CITIZENS CENTER
170327
4/24/2012
30.00
MCKEE, JULIE
RECREATION ACTIVITY FEES SOCCER
170328
4/24/2012
99,424.41
MEDICA
DUE TO EMPLOYEE INSURANC PAYROLL FUND B/S
170329
4/24/2012
20.00
MEHR, BRIAN
TRAVEL SCHOOL CONFERENCE WASTEWATER ADMINISTRATION
170330
4/24/2012
208.34
MENARDS HUTCHINSON
REPAIR & MAINTENANCE SUP[ PARK ADMINISTRATION
170331
4/24/2012
791.48
METRO FIRE
SMALLTOOLS RURAL FIREFIGHTERS
170332
4/24/2012
470.50
MICROBIOLOGICS, INC
OPERATING SUPPLIES WASTEWATER ADMINISTRATION
170333
4/24/2012
64.40
MIES, MIKE
TRAVEL SCHOOL CONFERENCE WASTEWATER ADMINISTRATION
170334
4/24/2012
34.80
MINNEAPOLIS, CITY OF
OTHER CONTRACTUAL INVESTIGATION
J
170335
4/24/2012
1,004.63
MINNESOTA CHIEFS OF POLICE A'. OPERATING SUPPLIES
POLICE ADMINISTRATION
170336
4/24/2012
333.28
MINNESOTA DEPT OF LABOR & IN BLDG PERMIT SURCHARGES
BUILDING INSPECTION
170337
4/24/2012
395.42
MINNESOTA UNEMPLOYMENT IN MISCELLANEOUS
FIRE - ADMINISTRATION
170338
4/24/2012
2,474.60
MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL
CLOSED BOND FUNDS
170339
4/24/2012
78.00
MINNESOTA WINEGROWERS COC COST OF SALES -WINE
LIQUOR OPERATIONS
170340
4/24/2012
330.00
MN SOCIETY OF PROFESSIONAL El DUES & SUBSCRIPTIONS
CITY ENGINEER
170341
4/24/2012
15,895.45
NATIONAL BARK SALES RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170342
4/24/2012
325.95
NATIONAL PEN CORPORATION ADVERTISING
LIQUOR OPERATIONS
170343
4/24/2012
410.00
NORTH SHORE ANALYTICAL INC OTHER CONTRACTUAL
WASTEWATER ADMINISTRATION
170344
4/24/2012
908.91
NORTHERN BUSINESS PRODUCTS RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170345
4/24/2012
552.52
NORTHERN STATES SUPPLY INC OPERATING SUPPLIES
PARK ADMINISTRATION
170346
4/24/2012
7.68
O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR
PARK ADMINISTRATION
170347
4/24/2012
80.32
OFFICE DEPOT OFFICE SUPPLIES
CEMETERY
170348
4/24/2012
37.00
OFFICE OF ENTERPRISE TECHNOUTELEPROCESSING EQUIP
COMMUNICATIONS - ADMINISTRATION
170349
4/24/2012
30.00
OGAARD, TRISHA RECREATION ACTIVITY FEES
SOCCER
170350
4/24/2012
202.36
OVERHEAD DOOR OF ST.CLOUD Ir CONTRACT REPAIR & MAINTEI LIQUOR OPERATIONS
170351
4/24/2012
3,990.00
PEAT INC.
170352
4/24/2012
7,178.10
PERDUE AGRIRECYCLE INC RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170353
4/24/2012
7,799.35
PHILLIPS WINE &SPIRITS COST OF SALES -WINE
LIQUOR OPERATIONS
170354
4/24/2012
36.68
POSITIVE ID INC MISCELLANEOUS
FINANCE - ADMINISTRATION
170355
4/24/2012
84.00
PRINCE CORP RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170356
4/24/2012
128.22
PRO -BUILD REPAIR & MAINTENANCE SUP[ PARK ADMINISTRATION
170357
4/24/2012
133.16
QUADE ELECTRIC OPERATING SUPPLIES
CIVIC ARENA
170358
4/24/2012
4,511.08
QUALITY FLOW SYSTEMS CONTRACT REPAIR & MAINTEI WASTEWATER ADMINISTRATION
170359
4/24/2012
116.17
QUILL CORP OFFICE SUPPLIES
INVESTIGATION
170360
4/24/2012
18,650.00
R. BECK & SONS CONSTRUCTION I HOUSING REHAB LOANS
NE Neighborhood Rehab Project
170361
4/24/2012
1,350.00
REGIONAL CARRIERS, INC FREIGHT
COMPOST MANUFACTURING
170362
4/24/2012
16,827.28
REINER ENTERPRISES, INC FREIGHT
COMPOST MANUFACTURING
170363
4/24/2012
1,218.98
ROYALTIRE CENTRAL GARAGE REPAIR
AIRPORT
170364
4/24/2012
82.92
RUNNING'SSUPPLY REPAIR& MAINTENANCE SUP[ CIVIC ARENA
170365
4/24/2012
1,908.97
SCHMELING OIL CO RECEIVED NOT VOUCH ERED
COMPOST FUND B/S
170366
4/24/2012
64.14
SCOTT'S WINDOW CLEANING SER CONTRACT REPAIR & MAINTEr LIQUOR OPERATIONS
170367
4/24/2012
3,506.50
SEH PROFESSIONAL SERVICES
LET #6 12 -07 WATER TOWER REHAB
170368
4/24/2012
100.00
SHAW, KAREN PROFESSIONAL SERVICES
SENIOR CITIZENS CENTER
170369
4/24/2012
71.00
SHRED -IT USA INC
CONTRACT REPAIR & MAINTE( FINANCE - ADMINISTRATION
170370
4/24/2012
104.78
SIMONSON LUMBER CO
REPAIR & MAINTENANCE SUPT PARK ADMINISTRATION
170371
4/24/2012
147.49
SORENSEN'S SALES & RENTALS
RENTALS
PARK ADMINISTRATION
170372
4/24/2012
5,828.76
SOUTHERN WINE & SPIRITS OF M COST OF SALES - LIQUOR
LIQUOR OPERATIONS
170373
4/24/2012
151.50
SPS COMMERCE
RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170374
4/24/2012
1,660.95
STANDARD PRINTING
PRINTING & PUBLISHING
FINANCE - ADMINISTRATION
170375
4/24/2012
776.29
STAPLES ADVANTAGE
OFFICE SUPPLIES
COMPOST MANUFACTURING
170376
4/24/2012
5,435.52
SUNCOAST GARDEN PRODUCTS
INC.
170377
4/24/2012
2,188.00
SVE PORTABLE ROADWAY SYSTEM
OPERATING SUPPLIES
CEMETERY
170378
4/24/2012
99.75
TASC
FLEX ADMINISTRATION FEE
POLICE ADMINISTRATION
170379
4/24/2012
199.32
TELEDYNE ISCO, INC.
EQUIPMENT PARTS
WASTEWATER ADMINISTRATION
170380
4/24/2012
500.00
THORSON TRUCKING
FREIGHT
COMPOST MANUFACTURING
170381
4/24/2012
2,514.19
TITAN MACHINERY
RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170382
4/24/2012
1,450.00
TKDA
PROFESSIONAL SERVICES
AIRPORT CONSTRUCTION B/S
170383
4/24/2012
30.67
TOTAL FIRE PROTECTION
SAFETY SUPPLIES
POLICE PATROL ADMINISTRATION
170384
4/24/2012
324.28
TRI COUNTY WATER
OFFICE SUPPLIES
HATS OPERATIONS
170385
4/24/2012
1,000.00
US COMPOSTING COUNCIL
DUES & SUBSCRIPTIONS
COMPOST MANUFACTURING
170386
4/24/2012
787.31
USA BLUE BOOK
EQUIPMENT PARTS
WASTEWATER ADMINISTRATION
170387
4/24/2012
1,547.32
VALLEY SALES OFHUTCHINSON
CENTRAL GARAGE REPAIR
FIRE - ADMINISTRATION
170388
4/24/2012
39.63
VERIZON WIRELESS
COMMUNICATIONS
EMERGENCY MANAGEMENT
170389
4/24/2012
16,075.35
VIKING BEER
COST OF SALES -BEER
LIQUOR OPERATIONS
170390
4/24/2012
423.50
VIKING COCA COLA
FOOD PRODUCTS- CONCESSIOI
EVENTS CENTER ADM.
170391
4/24/2012
513.00
VIKING SIGN & GRAPHICS INC
CENTRAL GARAGE REPAIR
FIRE - ADMINISTRATION
170392
4/24/2012
1,132.13
VINOCOPIA INC
COST OF SALES -WINE
LIQUOR OPERATIONS
170393
4/24/2012
2,000.00
VISUAL EFFECTS SIGN & GRAPHIC' LOAN
Downtown Grant Program
170394
4/24/2012
2,663.52
WAHL REBUILD & REPAIR INC
EQUIPMENT PARTS
COMPOST MANUFACTURING
170395
4/24/2012
47,251.50
WASTE MANAGEMENT OF WI -M�
REFUSE - LANDFILL CHARGES
REFUSE& RECYCLING
170396
4/24/2012
1,400.00
WCCO -AM
RECEIVED NOT VOUCHERED
COMPOST FUND B/S
170397
4/24/2012
60.00
WELCOME NEIGHBOR
ADVERTISING
LIQUOR OPERATIONS
170398
4/24/2012
1,488.00
WENDLING, BARB
LOAN
Downtown Grant Program
170399
4/24/2012
637.24
WEST PUBLISHING PAYMENT CTR OPERATING SUPPLIES
LEGAL
170400
4/24/2012
2,500.00
WESTAFER ENTERPRISES
OTHER CONTRACTUAL
COMPOST MANUFACTURING
—1 170401
4/24/2012
15.00
WHITTINGTON, EMILY
OTHER REVENUES
RECREATION BLDG. & POOL
Fj� 170402
4/24/2012
25.00
WILLHITE, BRENDA
RECREATION ACTIVITY FEES
SOCCER
170403
4/24/2012
1,181.00
WINE COMPANY, THE
COST OF SALES -WINE
LIQUOR OPERATIONS
170404
4/24/2012
815.25
WINE MERCHANTS INC
COST OF SALES -WINE
LIQUOR OPERATIONS
170405
4/24/2012
15,163.09
WIRTZ BEVERAGE MINNESOTA
COST OF SALES- LIQUOR
LIQUOR OPERATIONS
170406
4/24/2012
144.00
WOODLAND HILL VINEYARDS LLC COST OF SALES -WINE
LIQUOR OPERATIONS
170407
4/24/2012
803.00
WORK CONNECTION, THE
OTHER CONTRACTUAL
COMPOST MANUFACTURING
170408
4/24/2012
431.78
ZARNOTH BRUSH WORKS INC
CENTRAL GARAGE REPAIR
STORM WATER ADMINISTRATION
170409
4/24/2012
789.81
ZEP MANUFACTURING CO
REPAIR & MAINTENANCE SUP[
HATS OPERATIONS
Grand Total
Payment Instrument
Totals
Check Total
683,217.05
Total Payme
683,217.05
J
ELECTRONIC FUNDS TRANSFERS
4/24/2012
TAX
FUND
PAYABLE TO
FUEL
HATS
MN DEPT OF REV
SALES TAX
LIQUOR
MN DEPT OF REV
USE TAX
PRCE CIVIC ARENA
MN DEPT OF REV
SALES & USE TAX
WATER SEWER CREEKSII
MN DEPT OF REV
AMOUNT
$816.76
$40,900.00
$1,203.69
$11,624.00
$54,544.45
PAYROLL ELECTRONIC FUNDS TRANSFERS
PAYROLL DATE: 04/2012012
Period Ending Date: 04114/2012
$51,641.52 IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
$10,691.20 MN Department of Revenue
State Withholding Tax
$39,260.70 Public Employee Retirement Association
Employee /Employer PERA/DCP Contributions
$1,898.97 TASC
Employee Flex Spending Deductions
$6,220.49 TASC
Employee Contributions to Heath Savings Account
$500.00 MNDCP
Employee Contributions - Deferred Comp
$1,440.00 ING
Employee Contributions - Deferred Comp
$1,230.00 ICMA Retirement Trust
Employee Contributions - Deferred Comp
$886.92 MN Child Support System
Employee Deductions
$0.00 MSRS - Health Savings Plan
Employee Deductions to Health Savings Plan
$113,769.80 Total Electronic Funds Transfer
J l
C
TO: Mayor and City Council Members
FROM: John Paulson, Environmental Specialist
Kent Exner, City Engineer
RE: Ameresco Measurement & Verification Final Report
DATE: April 24, 2012
Upon the completion of the lighting retrofit and VFD project, Ameresco began collecting data regarding the
energy being used to verify that the savings guarantee was being met. The data collected included real time
analysis of the occupancy sensors, actual electrical panel measurements, and continuous usage trends of the
VFD's. The data collected for the lighting project was extrapolated from a representative sample of 20% of the
lights retrofitted. The VFD energy savings are actual measurements that have been collected from the date the
VFD's were put into service.
The measured and verified savings are included in the M &V summary that is attached. The actual savings
exceeded the guaranteed amount for the lighting project by 5 %. The VFD savings guarantee was exceed by
53 %. This was due in part to a roughly 23% reduction in average BOD loading during the time period
measured. The remaining excess savings can be attributed to the optimization of the VFD's through the
integration of inline dissolved oxygen probes with the control system. Controlling the speed of the motors
automatically by the demand of the treatment process has optimized the utilization of the VFD's.
The attached summary includes quantified savings and sample photos for your reference.
City staff welcomes your comments and will assist the council in any way we can.
cc: Jeremy Carter— City Administrator
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CERTIFICATION OF MINUTES RELATING TO
PUBLIC UTILITY REVENUE REFUNDING BONDS, SERIES 2012A
City: City of Hutchinson, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting, held on April 23, 2012, at 5:30
o'clock p.m. in the Council Chambers at the Hutchinson City Center.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (pages):
RESOLUTION NO. 13996
RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE
FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF
PUBLIC UTILITY REVENUE REFUNDING BONDS, SERIES 2012A
I, the undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of
said corporation in my legal custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of a meeting of the governing
body of said corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at said meeting, so far as they relate
to said bonds; and that said meeting was duly held by the governing body at the time and place
and was attended throughout by the Councilmembers indicated above, pursuant to call and notice
of such meeting given as required by law.
WITNESS my hand officially as such recording officer April 24, 2012.
(SEAL)
Jeremy Carter, City Administrator
0 �)-
RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE FORM
AND DETAILS AND PROVIDING FOR THE PAYMENT OF PUBLIC
UTILITY REVENUE REFUNDING BONDS, SERIES 2012A
BE IT RESOLVED by the City Council of the City of Hutchinson,
Minnesota (the "City "), as follows:
SECTION 1. RECITALS, AUTHORIZATION AND SALE.
1.01. Recitals and Authorization.
(a) The City of Hutchinson now owns and operates through the Hutchinson
Utilities Commission (the "Commission "), as a revenue - producing convenience, a system
for the generation and distribution of electricity and natural gas for the use of the City and
its inhabitants and other customers (the "Utility "). The City Council on October 28, 1986
adopted a resolution designating the Commission a municipal power agency pursuant to
Minnesota Statutes, Chapter 453, and the Commission by a resolution adopted October 7,
1986, as amended by a resolution adopted November 3, 1986, has determined to proceed
to exercise any and all power granted to a municipal power agency pursuant to the
provisions of Minnesota Statutes, Chapter 453.
(b) The City has heretofore issued its Public Utility Bonds, Series 2003B, dated,
as originally issued, as of March 1, 2003, in the original principal amount of $31,725,000
(the "Series 2003 Bonds "), pursuant to a resolution adopted by this Council on
February 11, 2003 (the "Bond Resolution ") to construct improvements to the Utility and
to refund outstanding bonds issued to refund bonds that financed improvements to the
Utility.
(c) This Council hereby determines that it is in the best interests of the City to
authorize the issuance and sale of its Public Utility Revenue Refunding Bonds, Series
2012A, (the "Bonds "), the proceeds of which will be used, together with City funds on
hand as may be required, to (i) pay all or a portion of the principal and interest to become
due on the Series 2003 Bonds to and including June 1, 2013 and to redeem on June 1,
2013 (the "Redemption Date "), all or a portion of the Series 2003 Bonds maturing in
2013 and later years, (ii) to fund a debt service reserve fund for the Bonds in the amount
required by the Bond Resolution, and (iii) to pay costs of issuance of the Bonds. The
Series 2003 Bonds refunded by the Bonds are referred to herein as the "Refunded Bonds"
and the refunding of the Refunded Bonds is referred to herein as the "Refunding ". The
Bonds shall be issued as a series of additional bonds under the Section 6.03 of the Bond
Resolution, shall be payable from net revenues of the City's electric system and natural
gas system which have been pledged and appropriated to the payment thereof by the
Bond Resolution, and shall be secured by the Bond Resolution on a parity with the Series
2003 Bonds remaining outstanding after the Refunding.
1.02. Sale and Bond Purchase Agreement. The Bonds authorized hereby shall be
sold to Barclays Capital Inc. (the Underwriter) at a purchase price of not less than
99.00% of the principal amount of the Bonds (exclusive of original issue discount), the
11 L4)
Bonds to be dated as of the date of delivery, to bear interest at a rate or rates per annum
resulting in gross savings to the City (after delivery date expenses) of not less than
$ and to mature no later than December 1, 2026. The principal amount of
the Bonds shall not exceed the amount necessary to accomplish the refunding of the
Refunded Bonds, to fund a debt service reserve fund by the Bonds in the amount required
by the Bond Resolution and to pay costs of issuing the Bonds (including underwriter's
discount, any original issue discount and the costs of bond insurance, if recommended by
the Underwriter). The Mayor and City Administrator are hereby authorized and directed
to agree with the Underwriter upon the exact purchase price, principal amount,
maturities, redemption provisions and interest rate or rates for the Bonds, within the
parameters set forth in this section. The execution of a Bond Purchase Agreement setting
forth such final terms by the Mayor and City Administrator is hereby approved and
authorized and such execution shall be conclusive evidence of such agreement and shall
be binding upon the City. The provisions of the Bond Purchase Agreement as so
executed, including all Exhibits and Appendices thereto, are incorporated herein by
reference. The law firm of Dorsey & Whitney LLP, in Minneapolis, Minnesota, is
hereby appointed as bond counsel and disclosure counsel for purposes of this issue of
Bonds.
1.04. Officials Authorized to Execute Documents. The Mayor and City
Administrator are hereby authorized and directed to execute and deliver the Bond
Purchase Agreement and the documents required thereunder, the Official Statement, the
Bonds and any other documents required to complete the financing contemplated hereby,
including an insurance policy for all or a portion of the Bonds if deemed advisable by the
Underwriter. Execution and delivery of such documents by the Mayor and City
Administrator shall constitute evidence that such items are consistent with the terms of
this resolution and have been duly authorized, executed and delivered by the City and are
enforceable against the City in accordance with their terms, subject to customary
exceptions relating to bankruptcy, reorganization, insolvency and other laws affecting
creditors' rights. The Mayor and City Administrator are further authorized to take such
other actions as may be required to effectuate the terms and intent of this resolution. In
the event of the absence or disability of the Mayor and City Administrator, the acting
Mayor, the acting City Administrator are hereby authorized to act in the place and stead
of the Mayor and City Administrator, and to take all actions and execute all documents
approved hereby.
1.05. Official Statement. The Mayor and City Administrator are authorized, in
cooperation with the Commission and Underwriter, to prepare an Official Statement to be
distributed to prospective purchasers of the Bonds. The Mayor and the City
Administrator are hereby authorized and directed to approve the Official Statement.
SECTION 2. BOND TERMS EXECUTION AND DELIVERY AND
REGISTRAR.
2.01. Execution, Authentication and Delivery. The Bonds shall be prepared
under the direction of the City Administrator and shall be executed and authenticated on
behalf of the City by the signatures of the Mayor and the City Administrator. All
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signatures may be printed, lithographed or engraved facsimiles of the original. In case
any officer whose signature or a facsimile of whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of any Bond, such signature or facsimile
shall nevertheless be valid and sufficient for all purposes, the same as if such officer had
remained in office until delivery. Notwithstanding such execution, no Bond shall be
valid or obligatory for any purpose or entitled to any security or benefit under this
resolution unless and until a certificate of authentication on the Bond has been duly
executed by the manual signature of an authorized representative of the Registrar.
Certificates of authentication on different Bonds need not be signed by the same
representative. The executed certificate of authentication on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this resolution.
After the Bonds have been so prepared and executed, the City Administer shall deliver
them to the Registrar for delivery to the Underwriter on receipt of the purchase price
heretofore agreed upon, and the Underwriter shall not be required to see to the
application thereof.
2.02. Maturities, Interest Rates and Forms. The Bonds shall be issued in the
denomination of $5,000 each, or any integral multiple thereof, shall mature on the dates
and in the respective years and amounts, and shall bear interest from date of original issue
until paid or duly called for redemption at the respective annual rates stated opposite such
maturity years as shown on Exhibit A to the Bond Purchase Agreement. The Bonds shall
be issuable only in fully registered form. The interest thereon and, upon surrender of
each Bond, the principal amount thereof, shall be payable by check or draft issued by the
Registrar described herein; provided if the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof,
principal and interest shall be payable in accordance with the operational arrangements of
the securities depository.
2.03. Dates and Interest Payment Dates. Each Bond shall bear a date of original
issue as of the date on which the Bonds are delivered to the Underwriter. Upon the initial
delivery of the Bonds pursuant to Section 2.01 and upon any subsequent transfer or
exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond
so delivered, exchanged or transferred. The interest on the Bonds shall be payable on the
dates shown on Exhibit A to the Bond Purchase Agreement, to the owner of record
thereof as the close of business on the fifteenth day of the immediately preceding month,
whether or not such day is a business day. Interest shall be computed on the basis of a
360 day year composed of twelve 30 day months.
2.04. Redemption. The Bonds shall be subject to redemption prior to maturity, at
the option of the City, in the years and at the redemption prices set forth in Exhibit A to
the Bond Purchase Agreement in such order of maturities as may be designated by the
City and, within any maturity, in $5,000 principal amounts selected by the Registrar by
lot, assigned in proportion to their principal amounts. The City Administer shall cause
notice of the call for redemption thereof to be published as and if required by law, and, at
least thirty days prior to the designated redemption date, shall cause notice of the call
thereof for redemption to be mailed, by first class mail (or, if applicable, by the bond
depository in accordance with its customary procedures), to the registered owners of any
3 1 I V)
Bonds to be redeemed at their addresses as they appear on the bond register described in
Section 2.06 hereof, but no defect in or failure to give such mailed notice shall affect the
validity of proceedings for the redemption of any Bond not affected by such defect or
failure. The notice of redemption shall specify the redemption date, redemption price, the
numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at
which the Bonds are to be surrendered for payment, which is the principal office of the
Registrar. Official notice of redemption having been given as aforesaid, the Bonds or
portions of Bonds so to be redeemed shall, on the redemption date, become due and
payable at the redemption price therein specified, and from and after such date (unless the
City shall default in the payment of the redemption price) such Bonds or portions of
Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or
Bonds will be delivered to the registered owner without charge, representing the
remaining principal amount outstanding.
2.05. Appointment of Registrar and Registration. The City hereby appoints Bond
Trust Services Corporation, Roseville, Minnesota, as bond registrar, transfer agent and
paying agent (the Registrar). The Mayor and the City Administrator are authorized to
execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the resulting corporation is a
bank or trust company authorized by law to conduct such business, such corporation shall
be authorized to act as successor Registrar. The City agrees to pay the reasonable and
customary charges of the Registrar for the services performed. The City reserves the
right to remove any Registrar upon thirty (30) days notice and upon the appointment of a
successor Registrar, in which event the predecessor Registrar shall deliver all cash and
Bonds in its possession to the successor Registrar and shall deliver the bond register to
the successor Registrar. No resignation or removal of the Registrar shall become
effective until a successor Registrar has been appointed and has accepted such
appointment. Any Bond Insurer shall be furnished prompt written notice of the
resignation or removal of the Registrar and the appointment of a successor.
2.06. Registration. The effect of registration and the rights and duties of the City
and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust
office a bond register in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to
be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any
Bond duly endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by the
registered owner thereof or by an attorney duly authorized by the registered owner in
writing, the Registrar shall authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like aggregate principal amount
and maturity, as requested by the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth day of the month preceding each
interest payment date and until such interest payment date.
I I ��
(c) Exchange of Bonds. Whenever any Bond is surrendered to the
Registrar by the registered owner for exchange, the Registrar shall authenticate and
deliver one or more new Bonds of a like aggregate principal amount, interest rate and
maturity, as requested by the registered owner or the owner's attorney duly authorized in
writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange
shall be promptly canceled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to
the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied
that the endorsement on such Bond or separate instrument of transfer is valid and genuine
and that the requested transfer is legally authorized. The Registrar shall incur no liability
for its refusal, in good faith, to make transfers which it, in its judgment, deems improper
or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the
person in whose name any Bond is at any time registered in the bond register as the
absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose
of receiving payment of, or on account of, the principal of and interest on such Bond and
for all other purposes, and all such payments so made to any such registered owner or
upon the owner's order shall be valid and effectual to satisfy and discharge the liability of
the City upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds,
the Registrar may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid with respect to
such transfer or exchange.
(h) Mutilated Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor, in exchange and substitution for and
upon cancellation of any such mutilated Bond or in lieu of and in substitution for any
such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and
charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or
destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was
lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the City
and the Registrar of an appropriate bond or indemnity in form, substance and amount
satisfactory to the Registrar, in which both the City and the Registrar shall be named as
obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence
of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed
Bond has already matured or been called for redemption in accordance with its terms, it
shall not be necessary to issue a new Bond prior to payment.
2.07. Bond Form. The Bonds shall be prepared in substantially the form
presented to and approved by this Council and on file in the office of the City
Administrator.
2.08. Securities Depository. The City Administrator may, on or before the date
of issue of the Bonds, direct that the Bonds be issued in book -entry form and so long as
they remain in such form, the following provisions shall apply:
(a) For purposes of this section the following terms shall have the
following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the
person in whose name such Bond is recorded as the beneficial owner of such Bond by a
Participant on the records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York, New
York.
"Participant" shall mean any broker - dealer, bank or other financial
institution for which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to
which the sender agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully
registered bonds, and one Bond shall be issued in the principal amount of each stated
maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be
registered in the bond register in the name of Cede & Co., as nominee of DTC. The
Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of
the Bonds registered in its name for the purposes of payment of the principal of or
interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any,
giving any notice permitted or required to be given to registered owners of Bonds under
this resolution, registering the transfer of Bonds, and for all other purposes whatsoever;
and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any
Participant, any person claiming a beneficial ownership interest in the Bonds under or
through DTC or any Participant, or any other person which is not shown on the bond
register as being a registered owner of any Bonds, with respect to the accuracy of any
records maintained by DTC or any Participant, with respect to the payment by DTC or
any Participant of any amount with respect to the principal of or interest on the Bonds,
with respect to any notice which is permitted or required to be given to owners of Bonds
under this resolution, with respect to the selection by DTC or any Participant of any
person to receive payment in the event of a partial redemption of the Bonds, or with
respect to any consent given or other action taken by DTC as registered owner of the
Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of
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DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all
notices with respect to such Bond, only to Cede & Co. in accordance with DTC's
Operational Arrangements, and all such payments shall be valid and effective to fully
satisfy and discharge the City's obligations with respect to the principal of and interest on
the Bonds to the extent of the sum or sums so paid. No person other than DTC shall
receive an authenticated Bond for each separate stated maturity evidencing the obligation
of the City to make payments of principal and interest. Upon delivery by DTC to the
Registrar of written notice to the effect that DTC has determined to substitute a new
nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in
accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the
Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the
City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of
the availability through DTC of Bonds in the form of certificates. In such event, the
Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine
to discontinue providing its services with respect to the Bonds at any time by giving
notice to the City and the Registrar and discharging its responsibilities with respect
thereto under applicable law. In such event the Bonds will be transferable in accordance
with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC by
the Mayor or City Administer, if not previously filed with DTC, is hereby authorized and
directed.
(e) In the event that any transfer or exchange of Bonds is permitted under
paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt
by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments
of transfer to the permitted transferee in accordance with the provisions of this resolution.
In the event Bonds in the form of certificates are issued to owners other than Cede & Co.,
its successor as nominee for DTC as owner of all the Bonds, or another securities
depository as owner of all the Bonds, the provisions of this resolution shall also apply to
all matters relating thereto, including, without limitation, the printing of such Bonds in
the form of bond certificates and the method of payment of principal of and interest on
such Bonds in the form of bond certificates.
SECTION 3. REDEMPTION OF REFUNDED BONDS,
AGREEMENT.
3.01. Use of Proceeds and Escrow Account. There is hereby established as a
separate account known as the "Escrow Account" in the Sinking and Interest Account
referred to in Section 4.05 of the Bond Resolution. A portion of the proceeds of the
Bonds shall be deposited into the Escrow Account and are irrevocably appropriated for
the payment of interest and principal to become due on the Refunded Bonds to and
including the Redemption Date, and for the payment and redemption of the Refunded
Bonds maturing on and after December 1, 2013 on the Redemption Date. The City
Finance Director hereby authorized and directed, simultaneously with the delivery of the
Bonds, to deposit the proceeds thereof, to the extent described above, in escrow with an
escrow agent (the "Escrow Agent'), which shall be a banking institution whose deposits
are insured by the Federal Deposit Insurance Corporation and whose combined capital
and surplus is not less than $500,000, and shall invest the funds so deposited in securities
authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 8,
maturing on such dates and bearing interest at such rates as are required to provide funds
sufficient, with cash retained in the escrow account, to make the above - described
payments. The Mayor and City Administrator are hereby authorized to enter into an
Escrow Agreement with the Escrow Agent establishing the terms and conditions for the
escrow account in accordance with Minnesota Statutes, Section 475.67. The remaining
portion of the proceeds of the Bonds shall be used to make the required deposit to the
Reserve Account referred to in Section 4.06 of the Bond Resolution and to pay costs of
issuance of the Bonds.
3.02. Redemption of Refunded Bonds. The City Administer is hereby
authorized and directed forthwith to call, or to cause the Escrow Agent to call, for
redemption on the Redemption Date all Refunded Bonds maturing in the year 2013 and
thereafter. Notice of the redemption of the Refunded Bonds shall be mailed in
accordance with the terms of the Bond Resolution.
SECTION 4. BONDS SECURED BY BOND RESOLUTION. The Bonds shall
be issued and secured as additional bonds under Section 6.03 of the Bond Resolution and
shall be payable from the Sinking and Interest Account referred to in Section 4.05 of the
Bond Resolution on a parity with the outstanding Series 2003 Bonds and any additional
bonds issued under Section 6.03 of the Bond Resolution, and shall be secured by each
and all of the covenants and other provisions of the Bond Resolution as fully as though
the Bonds were expressly described and authorized therein.
SECTION 5. DEFEASANCE. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this resolution
to the registered owners of the Bonds shall cease. The City may discharge its obligations
with respect to any Bonds which are due on any date by depositing with the Registrar on
or before that date a sum sufficient for the payment thereof in full; or, if any Bond should
not be paid when due, it may nevertheless be discharged by depositing with the Registrar
a sum sufficient for the payment thereof in full with interest accrued from the due date to
the date of such deposit. The City may also discharge its obligations with respect to any
prepayable Bonds called for redemption on any date when they are prepayable according
to their terms, by depositing with the Registrar on or before that date an amount equal to
the principal, interest and redemption premium, if any, which are then due, provided that
notice of such redemption has been duly given as provided herein. The City may also at
any time discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in
escrow, with a bank qualified by law as an escrow agent for this purpose, cash or
securities which are authorized by law to be so deposited, bearing interest payable at such
times and at such rates and maturing on such dates as shall be required to pay all
principal, interest and redemption premiums to become due on the Bonds to maturity or
earlier designated redemption date.
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SECTION 6. CERTIFICATION OF PROCEEDINGS. The officers of the City
are hereby authorized and directed to prepare and fu mish to the Underwriter and to
Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records
relating to the Bonds and such other affidavits, certificates and information as may be
required to show the facts relating to the legality and marketability of the Bonds, as the
same appear from the books and records in their custody and control or as otherwise
known to them, and all such certified copies, affidavits and certificates, including any
heretofore furnished, shall be deemed representations of the City as to the correctness of
all statements contained therein.
SECTION 7. COUNTY AUDITOR REGISTRATION, CERTIFICATION AND
PROCEEDINGS, INVESTMENT OF MONEYS, ARBITRAGE AND OFFICIAL
STATEMENT AND PAYMENT OF COSTS.
7.01. County Auditor Registration. The City Administrator is hereby authorized
and directed to file a certified copy of this resolution with the County Auditor of McLeod
County, together with such other information as the County Auditor shall require, and to
obtain from said County Auditor a certificate that the Bonds have been entered on his
bond register as required by law.
7.02 Certification of Proceedings. The officers of the City and the County
Auditor of McLeod County are hereby authorized and directed to prepare and furnish to
the purchaser of the Bonds and to Dorsey & Whitney LLP, Bond Counsel, certified
copies of all proceedings and records of the City, and such other affidavits, certificates
and information as may be required to show the facts relating to the legality and
marketability of the Bonds as the same appear from the books and records under their
custody and control or as otherwise known to them, and all such certified copies,
certificates and affidavits, including any heretofore furnished, shall be deemed
representations of the City as to the facts recited therein.
7.03. Tax Covenant. The City covenants and agrees with the holders from time
to time of the Bonds that it will not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest on the Bonds to become
subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code "),
and the Treasury Regulations promulgated thereunder (the "Regulations "), and covenants
to take any and all actions within its powers to ensure that the interest on the Bonds will
not become subject to taxation under the Code and the Regulations. The City will cause
to be filed with the Secretary of Treasury an information reporting statement in the form
and at the time prescribed by the Code. The improvements to be refinanced by the Bonds
will be owned and maintained by the City and available for use by members of the
general public on a substantially equal basis. The City shall not enter into any lease, use
or other agreement with any nongovernmental person relating to the use of such
improvements or security for the payment of the Bonds which might cause the Bonds to
be considered "private activity bonds" or "private loan bonds" within the meaning of
Section 141 of the Code.
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7.04. Arbitrage Certification. The Mayor and City Administrator, being the
officers of the City charged with the responsibility for issuing the Bonds pursuant to this
resolution, are authorized and directed to execute and deliver to the purchaser thereof a
certificate in accordance with the provisions of Section 148 of the Code, and Sections
1.148 of the Regulations, stating the facts, estimates and circumstances in existence on
the date of issue and deliver of the Bonds which make it reasonable to expect that the
proceeds of the Bonds will not be used in a manner that would cause the Bonds to be
arbitrage bonds within the meaning of the Code and Regulations.
7.05. Continuing Disclosure. The City acknowledges that the Bonds are subject
to the continuing disclosure requirements of Rule 15c2 -12 promulgated by the Securities
and Exchange Commission under the Securities Exchange Act of 1934 (17 C.F.R. §
240.15c2 -12) (as in effect and interpreted from time to time, the Rule). The Rule governs
the obligations of certain underwriters to require that issuers of municipal obligations
enter into agreements for the benefit of the holders of the obligations to provide
continuing disclosure with respect to the obligations. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to
permit participating underwriters in the primary offering of the Bonds to comply with the
Rule, which will enhance the marketability of the Bonds, the Mayor and City
Administrator are hereby authorized and directed to execute an Undertaking of
Continuing Disclosure (the Undertaking), by which the City agrees to provide such
information, either directly or through a disclosure agent. The City hereby covenants and
agrees to observe and perform the covenants and agreements contained in the
Undertaking, unless amended or terminated in accordance with the provisions thereof, for
the benefit of the registered owners or beneficial owners from time to time of the Bonds
as provided in the Undertaking.
SECTION 8. HEADINGS. Headings in this resolution are included for
convenience of reference only and are not a part hereof, and shall not limit or define the
meaning of any provision hereof.
Adopted: April 23, 2012.
ATTEST:
City Administrator
Mayor
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The motion for the adoption of the foregoing resolution was duly seconded by
Member Jim Haugen and upon vote being taken thereon, the following Members voted in
favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
A
Rate
REGISTERED OWNER:
PRINCIPAL AMOUNT:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF MCLEOD
CITY OF HUTCHINSON
PUBLIC UTILITY REVENUE REFUNDING BOND
SERIES 2012A
Date of
Maturily Ori¢inalIssue
December 1, , 2012
CEDE & CO.
THOUSAND DOLLARS
CUSIP
THE CITY OF HUTCHBNSON, McLeod County, Minnesota (the "City"), acknowledges
itself to be indebted and, for value received, hereby promises to pay to the registered owner named above,
or registered assigns, the principal amount specified above, on the maturity date specified above, with
interest thereon from the date of original issue specified above, at the annual rate specified above, payable
on June 1 and December 1 in each year, commencing December 1, 2012, to the person in whose name
this Bond is registered at the close of business on the 15th day (whether or not a business day) of the
immediately preceding month, all subject to the provisions referred to herein with respect to redemption
of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender
hereof, the principal hereof, are payable in lawful money of the United States of America by check or
draft of Bond Trust Services Corporation, in Roseville, Minnesota, as Bond Registrar, Transfer Agent and
Paying Agent (the "Bond Registrar "), or its successor designated under the Resolution described herein.
This Bond is one of an issue in the aggregate principal amount of $ (the
"Bonds "), all of like date and tenor except as to serial number, interest rate and maturity date issued
pursuant to resolutions adopted by the City Council on February 11, 2003 and on April 23, 2012 (together
the "Resolution ") to refund bonds issued by the City for the purpose of financing the costs of
improvements to the distribution system and natural gas system of the City which are operated and
managed by the Hutchinson Utilities Commission and to refund certain of the City's outstanding public
utility revenue bonds, and is issued pursuant to and in full conformity with the provisions of the
Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes,
Chapter 475. This Bond is payable exclusively from net revenues of the City's electric system and
natural gas system which have been pledged and appropriated to the payment thereof and do not
constitute a debt of the City within the meaning of any charter, constitutional or statutory limitation of
indebtedness, and the full faith and credit and taxing power of the City are not pledged to the payment of
the Bonds. In the event of any default hereunder, the holder of this Bond may exercise any of the rights
and privileges granted by the laws of the State of Minnesota subject to the provisions of the Resolution.
Additional revenue bonds may be issued on a parity of lien upon the net revenues of the electric system
and natural gas system with the Bonds as provided in the Resolution. The Bonds are issuable only as
fully registered bonds, in denominations of $5,000 or any multiple thereof, of single maturities.
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Bonds maturing in the years 20_ through 20 are payable on their respective stated
maturity dates without option of prior payment, but Bonds having a stated maturity date in the year 20_
and thereafter are subject to redemption and prepayment, at the option of the City and in whole or in part
and if in part in the maturities selected by the City, by lot within a maturity, on 20 and
on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest
accrued to the date of redemption.
Bonds maturing on December 1, 20_, shall be subject to mandatory redemption prior to
their stated maturity in part by lot on December 1 in the following years and principal amounts at a price
equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption:
Year Principal Amount
20
26—*
* Final maturity
At least thirty days prior to the date set for redemption of any Bond, notice of the call for
redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed
at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of
redemption shall affect the validity of proceedings for the redemption of any Bond, not affected by such
defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of
Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price
herein specified and from and after such date (unless the City shall default in the payment of the
redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial
redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge,
representing the remaining principal amount outstanding.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the
registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the
registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized
denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in
the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at
the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental
charge required to be paid with respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected
by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid
and binding general obligation of the City according to its terms have been done, do exist, have happened
and have been performed in regular and due form as so required; that prior to the issuance hereof, the City
has covenanted and agreed to establish and maintain charges, fees and rentals for all service, products and
benefits of whatsoever nature furnished and made available by the electric system and natural gas system
-2- � � [a)-
to all individuals, firms, corporations and governmental subdivisions and agencies, including the City
itself, in accordance with schedules such that the gross revenues therefrom will at all times be sufficient to
meet all payments of current costs of operation, administration and maintenance of said systems and to
maintain a reasonable working capital and reserves for recurring expenses, and from the net revenues in
excess of these requirements, to transfer each month to the Sinking and Interest Account in the Public
Utilities Fund a sum not less than one - twelfth of the aggregate amount of principal to become due within
the twelve months next following, and not less than one -sixth of the aggregate amount of interest to
become due within the six months next following, on the Bonds of this series and all other obligations
payable from the Public Utilities Fund, including any additional obligations hereafter issued by the City
and payable on a parity with the Bonds from the Public Utilities Fund and to establish and maintain a
balance in the Reserve Account in the Public Utilities Fund for security of such payments in the amount
required by the Resolution; and that the issuance of this Bond does not cause the indebtedness of the City
to exceed any charter, constitutional or statutory limitation.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have been
executed by the Bond Registrar by manual signature of the Bond Registrar, or in the event the City
Finance Director is no longer acting as Bond Registrar, by one of the authorized representatives of the
Registrar.
IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota,
by its City Council, has caused this Bond to be executed by the manual or facsimile signatures of the
Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below.
City Administrator
CITY OF HUTCHINSON
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Dated of Authentication:
BOND TRUST SERVICES CORPORATION,
Roseville, Minnesota,
as Bond Registrar
Lo
Authorized Representative
-3- 1 � L-)
The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as
though they were written out in full according to the applicable laws or regulations:
TEN COM - -as tenants UNIF TRANS MIN ACT ............ Custodian ............
in common (Cust) (Minor)
TEN ENT - -as tenants
by the entireties under Uniform Transfers to Minors
Act................... ...............................
(State)
JT TEN - -as joint tenants
with right of
survivorship and
not as tenants in
common
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
, the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints attorney to transfer
the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE:
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the face of
the within Bond in every particular,
without alteration or any change whatsoever.
Signature(s) must be guaranteed by an "eligible
guarantor institution" meeting the requirements
of the Bond Registrar, which requirements include
membership or participation in the Securities
Transfer Association Medalion Program (STAMP)
or such other "signature guaranty program" as may
be determined by the Bond Registrar in addition to
or in substitution for STAMP, all in accordance with
the Securities Exchange Act of 1934, as amended.
4 11 L)
CERTIFICATION OF MINUTES RELATING TO
PUBLIC UTILITY REVENUE REFUNDING BONDS, SERIES 2012A
City: City of Hutchinson, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting, held on April 24, 2012, at 5:30
o'clock p.m. in the Council Chambers at the Hutchinson City Center.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (pages):
RESOLUTION NO. 13996
RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE
FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF
PUBLIC UTILITY REVENUE REFUNDING BONDS, SERIES 2012A
I, the undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of
said corporation in my legal custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of a meeting of the governing
body of said corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at said meeting, so far as they relate
to said bonds; and that said meeting was duly held by the governing body at the time and place
and was attended throughout by the Councilmembers indicated above, pursuant to call and notice
of such meeting given as required by law.
WITNESS my hand officially as such recording officer April 24, 2012.
(SEAL)
Jeremy Carter, City Administrator
RESOLUTION AUTHORIZING ISSUANCE, PRESCRIBING THE FORM
AND DETAILS AND PROVIDING FOR THE PAYMENT OF PUBLIC
UTILITY REVENUE REFUNDING BONDS, SERIES 2012A
BE IT RESOLVED by the City Council of the City of Hutchinson,
Minnesota (the "City "), as follows:
SECTION 1. RECITALS, AUTHORIZATION AND SALE.
1.01. Recitals and Authorization.
(a) The City of Hutchinson now owns and operates through the Hutchinson
Utilities Commission (the "Commission "), as a revenue - producing convenience, a system
for the generation and distribution of electricity and natural gas for the use of the City and
its inhabitants and other customers (the "Utility "). The City Council on October 28, 1986
adopted a resolution designating the Commission a municipal power agency pursuant to
Minnesota Statutes, Chapter 453, and the Commission by a resolution adopted October 7,
1986, as amended by a resolution adopted November 3, 1986, has determined to proceed
to exercise any and all power granted to a municipal power agency pursuant to the
provisions of Minnesota Statutes, Chapter 453.
(b) The City has heretofore issued its Public Utility Revenue Bonds, Series
2003B, dated, as originally issued, as of March 1, 2003, in the original principal amount
of $31,725,000 (the "Series 2003 Bonds "), pursuant to a resolution adopted by this
Council on February 11, 2003 (the "Bond Resolution ") to construct improvements to the
Utility and to refund outstanding bonds issued to refund bonds that financed
improvements to the Utility.
(c) This Council hereby determines that it is in the best interests of the City to
authorize the issuance and sale of its Public Utility Revenue Refunding Bonds, Series
2012A (the "Bonds "), the proceeds of which will be used, together with City funds on
hand as may be required, to (i) pay all or a portion of the principal and interest to become
due on the Series 2003 Bonds to and including June 1, 2013 and to redeem on June 1,
2013 (the "Redemption Date "), all or a portion of the Series 2003 Bonds maturing in
2013 and later years, (ii) to fund a debt service reserve fund for the Bonds in the amount
required by the Bond Resolution, and (iii) to pay costs of issuance of the Bonds. The
Series 2003 Bonds refunded by the Bonds are referred to herein as the "Refunded Bonds"
and the refunding of the Refunded Bonds is referred to herein as the "Refunding ". The
Bonds shall be issued as a series of additional bonds under Section 6.03 of the Bond
Resolution, shall be payable from net revenues of the City's electric system and natural
gas system which have been pledged and appropriated to the payment thereof by the
Bond Resolution, and shall be secured by the Bond Resolution on a parity with the Series
2003 Bonds remaining outstanding after the Refunding.
1.02. Sale and Bond Purchase Agreement. The Bonds authorized hereby shall be
sold to Barclays Capital Inc. (the "Underwriter ") at a purchase price of not less than
99.00% of the principal amount of the Bonds (exclusive of original issue discount), the
�e� I \ L,)
Bonds to be dated as of the date of delivery, to bear interest at a rate or rates per annum
resulting in net present value savings to the City of not less than $1,000,000 (using the
yield on the Bonds computed under Section 1.148 -4 of the Regulations, as hereinafter
defined, as the discount rate, and assuming that (i) estimated investment earning on
amounts deposited in the debt service feserve fund for the Bonds are used to pay annual
debt service on the Bonds and (ii) amounts deposited in the debt service reserve fund tfor
the Bonds are used to pay debt service on the Bonds in the final year of the Bonds) and to
mature no later than December 1, 2026. The principal amount of the Bonds shall not
exceed the amount necessary to accomplish the refunding of the Refunded Bonds, to fund
a debt service reserve fund by the Bonds in the amount required by the Bond Resolution
and to pay costs of issuing the Bonds (including underwriter's discount, any original
issue discount and the costs of bond insurance, if recommended by the Underwriter). The
Mayor and City Administrator are hereby authorized and directed to agree with the
Underwriter upon the exact purchase price, principal amount, maturities, redemption
provisions and interest rate or rates for the Bonds, within the parameters set forth in this
section. The execution of a Bond Purchase Agreement setting forth such final terms by
the Mayor and City Administrator is hereby approved and authorized and such execution
shall be conclusive evidence of such agreement and shall be binding upon the City. The
provisions of the Bond Purchase Agreement as so executed, including all Exhibits and
Appendices thereto, are incorporated herein by reference. The law firm of Dorsey &
Whitney LLP, in Minneapolis, Minnesota, is hereby appointed as bond counsel and
disclosure counsel for purposes of this issue of Bonds.
1.04. Officials Authorized to Execute Documents. The Mayor and City
Administrator are hereby authorized and directed to execute and deliver the Bond
Purchase Agreement and the documents required thereunder, the Official Statement, the
Bonds and any other documents required to complete the financing contemplated hereby,
including an insurance policy for all or a portion of the Bonds if deemed advisable by the
Underwriter. Execution and delivery of such documents by the Mayor and City
Administrator shall constitute evidence that such items are consistent with the terms of
this resolution and have been duly authorized, executed and delivered by the City and are
enforceable against the City in accordance with their terms, subject to customary
exceptions relating to bankruptcy, reorganization, insolvency and other laws affecting
creditors' rights. The Mayor and City Administrator are further authorized to take such
other actions as may be required to effectuate the terms and intent of this resolution. In
the event of the absence or disability of the Mayor and City Administrator, the acting
Mayor and the acting City Administrator are hereby authorized to act in the place and
stead of the Mayor and City Administrator, and to take all actions and execute all
documents approved hereby.
1.05. Official Statement. The Mayor and City Administrator are authorized, in
cooperation with the Commission and Underwriter, to prepare an Official Statement to be
distributed to prospective purchasers of the Bonds. The Mayor and the City
Administrator are hereby authorized and directed to approve the Official Statement.
SECTION 2. BOND TERMS, EXECUTION AND DELIVERY AND
REGISTRAR.
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2.01. Execution, Authentication and Delivery. The Bonds shall be prepared
under the direction of the City Administrator and shall be executed and authenticated on
behalf of the City by the signatures of the Mayor and the City Administrator. All
signatures may be printed, lithographed or engraved facsimiles of the original. In case
any officer whose signature or a facsimile of whose signature shall appear on the Bonds
shall cease to be such officer before the delivery of any Bond, such signature or facsimile
shall nevertheless be valid and sufficient for all purposes, the same as if such officer had
remained in office until delivery. Notwithstanding such execution, no Bond shall be
valid or obligatory for any purpose or entitled to any security or benefit under this
resolution unless and until a certificate of authentication on the Bond has been duly
executed by the manual signature of an authorized representative of the Registrar.
Certificates of authentication on different Bonds need not be signed by the same
representative. The executed certificate of authentication on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this resolution.
After the Bonds have been so prepared and executed, the City Administrator shall deliver
them to the Registrar for delivery to the Underwriter on receipt of the purchase price
heretofore agreed upon, and the Underwriter shall not be required to see to the
application thereof.
2.02. Maturities, Interest Rates and Forms. The Bonds shall be issued in the
denomination of $5,000 each, or any integral multiple thereof, shall mature on the dates
and in the respective years and amounts, and shall bear interest from date of original issue
until paid or duly called for redemption at the respective annual rates stated opposite such
maturity years as shown on Exhibit A to the Bond Purchase Agreement. The Bonds shall
be issuable only in fully registered form. The interest thereon and, upon surrender of
each Bond, the principal amount thereof, shall be payable by check or draft issued by the
Registrar described herein; provided if the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof,
principal and interest shall be payable in accordance with the operational arrangements of
the securities depository.
2.03. Dates and Interest Payment Dates. Each Bond shall bear a date of original
issue as of the date on which the Bonds are delivered to the Underwriter. Upon the initial
delivery of the Bonds pursuant to Section 2.01 and upon any subsequent transfer or
exchange pursuant to Section 2.06, the date of authentication shall be noted on each Bond
so delivered, exchanged or transferred. The interest on the Bonds shall be payable on the
dates shown on Exhibit A to the Bond Purchase Agreement, to the owner of record
thereof as the close of business on the fifteenth day of the immediately preceding month,
whether or not such day is a business day. Interest shall be computed on the basis of a
360 day year composed of twelve 30 day months.
2.04. Redem to ion. The Bonds shall be subject to redemption prior to maturity, at
the option of the City, in the years and at the redemption prices set forth in Exhibit A to
the Bond Purchase Agreement in such order of maturities as may be designated by the
City and, within any maturity, in $5,000 principal amounts selected by the Registrar by
lot, assigned in proportion to their principal amounts. The City Administrator shall cause
notice of the call for redemption thereof to be published as and if required by law, and, at
-3-
least thirty days prior to the designated redemption date, shall cause notice of the call
thereof for redemption to be mailed, by first class mail (or, if applicable, by the bond
depository in accordance with its customary procedures), to the registered owners of any
Bonds to be redeemed at their addresses as they appear on the bond register described in
Section 2.06 hereof, but no defect in or failure to give such mailed notice shall affect the
validity of proceedings for the redemption of any Bond not affected by such defect or
failure. The notice of redemption shall specify the redemption date, redemption price, the
numbers, interest rates and CUSIP numbers of the Bonds to be redeemed and the place at
which the Bonds are to be surrendered for payment, which is the principal office of the
Registrar. Official notice of redemption having been given as aforesaid, the Bonds or
portions of Bonds so to be redeemed shall, on the redemption date, become due and
payable at the redemption price therein specified, and from and after such date (unless the
City shall default in the payment of the redemption price) such Bonds or portions of
Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or
Bonds will be delivered to the registered owner without charge, representing the
remaining principal amount outstanding.
2.05. Appointment of Registrar and Registration. The City hereby appoints Bond
Trust Services Corporation, Roseville, Minnesota, as bond registrar, transfer agent and
paying agent (the Registrar). The Mayor and the City Administrator are authorized to
execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or
consolidation of the Registrar with another corporation, if the resulting corporation is a
bank or trust company authorized by law to conduct such business, such corporation shall
be authorized to act as successor Registrar. The City agrees to pay the reasonable and
customary charges of the Registrar for the services performed. The City reserves the
right to remove any Registrar upon thirty (30) days notice and upon the appointment of a
successor Registrar, in which event the predecessor Registrar shall deliver all cash and
Bonds in its possession to the successor Registrar and shall deliver the bond register to
the successor Registrar. No resignation or removal of the Registrar shall become
effective until a successor Registrar has been appointed and has accepted such
appointment. Any Bond Insurer shall be furnished prompt written notice of the
resignation or removal of the Registrar and the appointment of a successor.
2.06. Registration. The effect of registration and the rights and duties of the City
and the Registrar with respect thereto shall be as follows:
(a) Re ig ster. The Registrar shall keep at its principal corporate trust
office a bond register in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to
be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any
Bond duly endorsed by the registered owner thereof or accompanied by a written
instrument of transfer, in form satisfactory to the Registrar, duly executed by the
registered owner thereof or by an attorney duly authorized by the registered owner in
writing, the Registrar shall authenticate and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of a like aggregate principal amount
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Z\ak� I k &')
and maturity, as requested by the transferor. The Registrar may, however, close the
books for registration of any transfer after the fifteenth day of the month preceding each
interest payment date and until such interest payment date.
(c) Exchange of Bonds. Whenever any Bond is surrendered to the
Registrar by the registered owner for exchange, the Registrar shall authenticate and
deliver one or more new Bonds of a like aggregate principal amount, interest rate and
maturity, as requested by the registered owner or the owner's attorney duly authorized in
writing.
(d) Cancellation. All Bonds surrendered upon any transfer or exchange
shall be promptly canceled by the Registrar and thereafter disposed of as directed by the
City.
(e) Improper or Unauthorized Transfer. When any Bond is presented to
the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied
that the endorsement on such Bond or separate instrument of transfer is valid and genuine
and that the requested transfer is legally authorized. The Registrar shall incur no liability
for its refusal, in good faith, to make transfers which it, in its judgment, deems improper
or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the
person in whose name any Bond is at any time registered in the bond register as the
absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose
of receiving payment of, or on account of, the principal of and interest on such Bond and
for all other purposes, and all such payments so made to any such registered owner or
upon the owner's order shall be valid and effectual to satisfy and discharge the liability of
the City upon such Bond to the extent of the sum or sums so paid.
(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds,
the Registrar may impose a charge upon the owner thereof sufficient to reimburse the
Registrar for any tax, fee or other governmental charge required to be paid with respect to
such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall
become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond
of like amount, number, maturity date and tenor, in exchange and substitution for and
upon cancellation of any such mutilated Bond or in lieu of and in substitution for any
such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and
charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or
destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was
lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the City
and the Registrar of an appropriate bond or indemnity in form, substance and amount
satisfactory to the Registrar, in which both the City and the Registrar shall be named as
obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence
of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed
-5-
RC,5� 116-)
Bond has already matured or been called for redemption in accordance with its terms, it
shall not be necessary to issue a new Bond prior to payment.
2.07. Bond Form. The Bonds shall be prepared in substantially the form
presented to and approved by this Council and on file in the office of the City
Administrator.
2.08. Securities De op sitory. The City Administrator may, on or before the date
of issue of the Bonds, direct that the Bonds be issued in book -entry form and so long as
they remain in such form, the following provisions shall apply:
(a) For purposes of this section the following terms shall have the
following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the
person in whose name such Bond is recorded as the beneficial owner of such Bond by a
Participant on the records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York, New
York.
"Participant" shall mean any broker - dealer, bank or other financial
institution for which DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to
which the sender agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully
registered bonds, and one Bond shall be issued in the principal amount of each stated
maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be
registered in the bond register in the name of Cede & Co., as nominee of DTC. The
Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of
the Bonds registered in its name for the purposes of payment of the principal of or
interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any,
giving any notice permitted or required to be given to registered owners of Bonds under
this resolution, registering the transfer of Bonds, and for all other purposes whatsoever;
and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any
Participant, any person claiming a beneficial ownership interest in the Bonds under or
through DTC or any Participant, or any other person which is not shown on the bond
register as being a registered owner of any Bonds, with respect to the accuracy of any
records maintained by DTC or any Participant, with respect to the payment by DTC or
any Participant of any amount with respect to the principal of or interest on the Bonds,
with respect to any notice which is permitted or required to be given to owners of Bonds
under this resolution, with respect to the selection by DTC or any Participant of any
I on
person to receive payment in the event of a partial redemption of the Bonds, or with
respect to any consent given or other action taken by DTC as registered owner of the
Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of
DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all
notices with respect to such Bond, only to Cede & Co. in accordance with DTC's
Operational Arrangements, and all such payments shall be valid and effective to fully
satisfy and discharge the City's obligations with respect to the principal of and interest on
the Bonds to the extent of the sum or sums so paid. No person other than DTC shall
receive an authenticated Bond for each separate stated maturity evidencing the obligation
of the City to make payments of principal and interest. Upon delivery by DTC to the
Registrar of written notice to the effect that DTC has determined to substitute a new
nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in
accordance with paragraph (e) hereof.
(c) In the event the City determines that it is in the best interest of the
Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the
City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of
the availability through DTC of Bonds in the form of certificates. In such event, the
Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine
to discontinue providing its services with respect to the Bonds at any time by giving
notice to the City and the Registrar and discharging its responsibilities with respect
thereto under applicable law. In such event the Bonds will be transferable in accordance
with paragraph (e) hereof.
(d) The execution and delivery of the Representation Letter to DTC by
the Mayor or City Administrator, if not previously filed with DTC, is hereby authorized
and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under
paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt
by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments
of transfer to the permitted transferee in accordance with the provisions of this resolution.
In the event Bonds in the form of certificates are issued to owners other than Cede & Co.,
its successor as nominee for DTC as owner of all the Bonds, or another securities
depository as owner of all the Bonds, the provisions of this resolution shall also apply to
all matters relating thereto, including, without limitation, the printing of such Bonds in
the form of bond certificates and the method of payment of principal of and interest on
such Bonds in the form of bond certificates.
SECTION 3. REDEMPTION OF REFUNDED BONDS, ESCROW
AGREEMENT.
3.01. Use of Proceeds and Escrow Account. There is hereby established a
separate account known as the "Escrow Account" in the Sinking and Interest Account
referred to in Section 4.05 of the Bond Resolution. A portion of the proceeds of the
Bonds shall be deposited into the Escrow Account and are irrevocably appropriated for
the payment of interest and principal to become due on the Refunded Bonds to and
including the Redemption Date, and for the payment and redemption of the Refunded
Bonds maturing on and after December 1, 2013 on the Redemption Date. The City
Administrator is hereby authorized and directed, simultaneously with the delivery of the
Bonds, to deposit the proceeds thereof, to the extent described above, in escrow with an
escrow agent (the "Escrow Agent "), which shall be a banking institution whose deposits
are insured by the Federal Deposit Insurance Corporation and whose combined capital
and surplus is not less than $500,000, and shall invest the funds so deposited in securities
authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 8,
maturing on such dates and bearing interest at such rates as are required to provide funds
sufficient, with cash retained in the escrow account, to make the above - described
payments. The Mayor and City Administrator are hereby authorized to enter into an
Escrow Agreement with the Escrow Agent establishing the terms and conditions for the
escrow account in accordance with Minnesota Statutes, Section 475.67. The remaining
portion of the proceeds of the Bonds shall be used to make the required deposit to the
Reserve Account referred to in Section 4.06 of the Bond Resolution and to pay costs of
issuance of the Bonds.
3.02. Redemption of Refunded Bonds. The City Administrator is hereby
authorized and directed forthwith to call, or to cause the Escrow Agent to call, for
redemption on the Redemption Date all Refunded Bonds maturing in the year 2013 and
thereafter. Notice of the redemption of the Refunded Bonds shall be provided in
accordance with the terms of the Bond Resolution.
SECTION 4. BONDS SECURED BY BOND RESOLUTION. The Bonds shall
be issued and secured as additional bonds under Section 6.03 of the Bond Resolution and
shall be payable from the Sinking and Interest Account referred to in Section 4.05 of the
Bond Resolution on a parity with the outstanding Series 2003 Bonds and any additional
bonds issued under Section 6.03 of the Bond Resolution, and shall be secured by each
and all of the covenants and other provisions of the Bond Resolution as fully as though
the Bonds were expressly described and authorized therein.
SECTION 5. DEFEASANCE. When all of the Bonds have been discharged as
provided in this section, all pledges, covenants and other rights granted by this resolution
to the registered owners of the Bonds shall cease. The City may discharge its obligations
with respect to any Bonds which are due on any date by depositing with the Registrar on
or before that date a sum sufficient for the payment thereof in full; or, if any Bond should
not be paid when due, it may nevertheless be discharged by depositing with the Registrar
a sum sufficient for the payment thereof in full with interest accrued from the due date to
the date of such deposit. The City may also discharge its obligations with respect to any
prepayable Bonds called for redemption on any date when they are prepayable according
to their terms, by depositing with the Registrar on or before that date an amount equal to
the principal, interest and redemption premium, if any, which are then due, provided that
notice of such redemption has been duly given as provided herein. The City may also at
any time discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in
escrow, with a bank qualified by law as an escrow agent for this purpose, cash or
securities which are authorized by law to be so deposited, bearing interest payable at such
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��w =.ill L)
times and at such rates and maturing on such dates as shall be required to pay all
principal, interest and redemption premiums to become due on the Bonds to maturity or
earlier designated redemption date.
SECTION 6. CERTIFICATION OF PROCEEDINGS. The officers of the City
are hereby authorized and directed to prepare and furnish to the Underwriter and to
Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records
relating to the Bonds and such other affidavits, certificates and information as may be
required to show the facts relating to the legality and marketability of the Bonds, as the
same appear from the books and records in their custody and control or as otherwise
known to them, and all such certified copies, affidavits and certificates, including any
heretofore furnished, shall be deemed representations of the City as to the correctness of
all statements contained therein.
SECTION 7. COUNTY AUDITOR REGISTRATION, CERTIFICATION AND
PROCEEDINGS, INVESTMENT OF MONEYS, ARBITRAGE AND OFFICIAL
STATEMENT AND PAYMENT OF COSTS.
7.01. County Auditor Registration. The City Administrator is hereby authorized
and directed to file a certified copy of this resolution with the County Auditor of McLeod
County, together with such other information as the County Auditor shall require, and to
obtain from said County Auditor a certificate that the Bonds have been entered on his
bond register to the extent required by law.
7.02 Certification of Proceedings. The officers of the City and the County
Auditor of McLeod County are hereby authorized and directed to prepare and furnish to
the Underwriter and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all
proceedings and records of the City, and such other affidavits, certificates and
information as may be required to show the facts relating to the legality and marketability
of the Bonds as the same appear from the books and records under their custody and
control or as otherwise known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed representations of the City
as to the facts recited therein.
7.03. Tax Covenant. The City covenants and agrees with the holders from time
to time of the Bonds that it will not take or permit to be taken by any of its officers,
employees or agents any action which would cause the interest on the Bonds to become
subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code "),
and the Treasury Regulations promulgated thereunder (the "Regulations "), and covenants
to take any and all actions within its powers to ensure that the interest on the Bonds will
not become subject to taxation under the Code and the Regulations. The City will cause
to be filed with the Secretary of Treasury an information reporting statement in the form
and at the time prescribed by the Code. The improvements to be refinanced by the Bonds
will be owned and maintained by the City and available for use by members of the
general public on a substantially equal basis. The City shall not enter into any lease, use
or other agreement with any nongovernmental person relating to the use of such
improvements or security for the payment of the Bonds which might cause the Bonds to
-9-
3-t �d I I (a)
be considered "private activity bonds" or "private loan bonds" within the meaning of
Section 141 of the Code.
7.04. Arbitrage Certification. The Mayor and City Administrator, being the
officers of the City charged with the responsibility for issuing the Bonds pursuant to this
resolution, are authorized and directed to execute and deliver to the purchaser thereof a
certificate in accordance with the provisions of Section 148 of the Code, and Section
1.148 of the Regulations, stating the facts, estimates and circumstances in existence on
the date of issue and delivery of the Bonds which make it reasonable to expect that the
proceeds of the Bonds will not be used in a manner that would cause the Bonds to be
arbitrage bonds within the meaning of the Code and Regulations.
7.05. Continuing Disclosure. The City acknowledges that the Bonds are subject
to the continuing disclosure requirements of Rule 15c2 -12 promulgated by the Securities
and Exchange Commission under the Securities Exchange Act of 1934 (17 C.F.R. §
240.15c2 -12) (as in effect and interpreted from time to time, the Rule). The Rule governs
the obligations of certain underwriters to require that issuers of municipal obligations
enter into agreements for the benefit of the holders of the obligations to provide
continuing disclosure with respect to the obligations. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to
permit participating underwriters in the primary offering of the Bonds to comply with the
Rule, which will enhance the marketability of the Bonds, the Mayor and City
Administrator are hereby authorized and directed to execute an Undertaking of
Continuing Disclosure (the Undertaking), by which the City agrees to provide such
information, either directly or through a disclosure agent. The City hereby covenants and
agrees to observe and perform the covenants and agreements contained in the
Undertaking, unless amended or terminated in accordance with the provisions thereof, for
the benefit of the registered owners or beneficial owners from time to time of the Bonds
as provided in the Undertaking.
SECTION 8. HEADINGS. Headings in this resolution are included for
convenience of reference only and are not a part hereof, and shall not limit or define the
meaning of any provision hereof.
Adopted: April 24, 2012.
ATTEST:
City Administrator
Mayor
The motion for the adoption of the foregoing resolution was duly seconded by
Member
Members voted in favor thereof:
and upon vote being taken thereon, the following
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
-11-
R-
Rate
REGISTERED OWNER:
PRINCIPAL AMOUNT:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF MCLEOD
CITY OF HUTCHINSON
PUBLIC UTILITY REVENUE REFUNDING BOND
SERIES 2012A
Date of
Maturi Original Issue
December 1, , 2012
CEDE & CO.
THOUSAND DOLLARS
CUSIP
THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "City "), acknowledges
itself to be indebted and, for value received, hereby promises to pay to the registered owner named above,
or registered assigns, the principal amount specified above, on the maturity date specified above, with
interest thereon from the date of original issue specified above, at the annual rate specified above, payable
on June 1 and December 1 in each year, commencing December 1, 2012, to the person in whose name
this Bond is registered at the close of business on the 15th day (whether or not a business day) of the
immediately preceding month, all subject to the provisions referred to herein with respect to redemption
of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender
hereof, the principal hereof, are payable in lawful money of the United States of America by check or
draft of Bond Trust Services Corporation, in Roseville, Minnesota, as Bond Registrar, Transfer Agent and
Paying Agent (the "Bond Registrar "), or its successor designated under the Resolution described herein.
This Bond is one of an issue in the aggregate principal amount of $ (the
"Bonds "), all of like date and tenor except as to serial number, interest rate and maturity date issued
pursuant to resolutions adopted by the City Council on February 11, 2003 and on April 24, 2012 (together
the "Resolution ") to refund bonds issued by the City for the purpose of financing the costs of
improvements to the distribution system and natural gas system of the City which are operated and
managed by the Hutchinson Utilities Commission and to refund certain of the City's outstanding public
utility revenue bonds, and is issued pursuant to and in full conformity with the provisions of the
Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes,
Chapter 475. This Bond is payable exclusively from net revenues of the City's electric system and
natural gas system which have been pledged and appropriated to the payment thereof and do not
constitute a debt of the City within the meaning of any charter, constitutional or statutory limitation of
indebtedness, and the full faith and credit and taxing power of the City are not pledged to the payment of
the Bonds. In the event of any default hereunder, the holder of this Bond may exercise any of the rights
and privileges granted by the laws of the State of Minnesota subject to the provisions of the Resolution.
Additional revenue bonds may be issued on a parity of lien upon the net revenues of the electric system
and natural gas system with the Bonds as provided in the Resolution. The Bonds are issuable only as
fully registered bonds, in denominations of $5,000 or any multiple thereof, of single maturities.
Bonds maturing in the years 20_ through 20 are payable on their respective stated
maturity dates without option of prior payment, but Bonds having a stated maturity date in the year 20_
and thereafter are subject to redemption and prepayment, at the option of the City and in whole or in part
and if in part in the maturities selected by the City, by lot within a maturity, on , 20 and
on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest
accrued to the date of redemption.
Bonds maturing on December 1, 20_, shall be subject to mandatory redemption prior to
their stated maturity in part by lot on December 1 in the following years and principal amounts at a price
equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption:
Year Principal Amount
20 $
20
* Final maturity
At least thirty days prior to the date set for redemption of any Bond, notice of the call for
redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed
at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of
redemption shall affect the validity of proceedings for the redemption of any Bond, not affected by such
defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of
Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price
herein specified and from and after such date (unless the City shall default in the payment of the
redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial
redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge,
representing the remaining principal amount outstanding.
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the
registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof
together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the
registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized
denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in
the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at
the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental
charge required to be paid with respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond
is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected
by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist,
to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid
and binding general obligation of the City according to its terms have been done, do exist, have happened
and have been performed in regular and due form as so required; that prior to the issuance hereof, the City
has covenanted and agreed to establish and maintain charges, fees and rentals for all service, products and
benefits of whatsoever nature furnished and made available by the electric system and natural gas system
-2- ��—�Sk4 I � L)
to all individuals, firms, corporations and governmental subdivisions and agencies, including the City
itself, in accordance with schedules such that the gross revenues therefrom will at all times be sufficient to
meet all payments of current costs of operation, administration and maintenance of said systems and to
maintain a reasonable working capital and reserves for recurring expenses, and from the net revenues in
excess of these requirements, to transfer each month to the Sinking and Interest Account in the Public
Utilities Fund a sum not less than one - twelfth of the aggregate amount of principal to become due within
the twelve months next following, and not less than one -sixth of the aggregate amount of interest to
become due within the six months next following, on the Bonds of this series and all other obligations
payable from the Public Utilities Fund, including any additional obligations hereafter issued by the City
and payable on a parity with the Bonds from the Public Utilities Fund and to establish and maintain a
balance in the Reserve Account in the Public Utilities Fund for security of such payments in the amount
required by the Resolution; and that the issuance of this Bond does not cause the indebtedness of the City
to exceed any charter, constitutional or statutory limitation.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have been
executed by the Bond Registrar by manual signature of the Bond Registrar, or in the event the City
Finance Director is no longer acting as Bond Registrar, by one of the authorized representatives of the
Registrar.
IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota,
by its City Council, has caused this Bond to be executed by the manual or facsimile signatures of the
Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below.
City Administrator
CITY OF HUTCHINSON
Mayor
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Dated of Authentication:
BOND TRUST SERVICES CORPORATION,
Roseville, Minnesota,
as Bond Registrar
Authorized Representative
-3- ��� I t &-)
The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as
though they were written out in full according to the applicable laws or regulations:
TEN COM - -as tenants UNIF TRANS MIN ACT ............ Custodian ............
in common (Cust) (Minor)
TEN ENT - -as tenants
by the entireties under Uniform Transfers to Minors
Act................... ...............................
(State)
JT TEN - -as joint tenants
with right of
survivorship and
not as tenants in
common
Additional abbreviations may also be used.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
, the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints attorney to transfer
the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated:
PLEASE INSERT SOCIAL SECURITY
OR OTHER IDENTIFYING NUMBER
OF ASSIGNEE:
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the face of
the within Bond in every particular,
without alteration or any change whatsoever.
Signature(s) must be guaranteed by an "eligible
guarantor institution" meeting the requirements
of the Bond Registrar, which requirements include
membership or participation in the Securities
Transfer Association Medalion Program (STAMP)
or such other "signature guaranty program" as may
be determined by the Bond Registrar in addition to
or in substitution for STAMP, all in accordance with
the Securities Exchange Act of 1934, as amended.
-4-
r�. , � q
April 17, 2012
To: The Mayor and City Council Members
From: Equipment Coordination Committee (ECC), Brad Emans; Chair
Re: Consideration of the Vehicle & Equipment Policy
The Equipment Coordination Committee (ECC) is requesting the opportunity to
present for your consideration the City of Hutchinson "Vehicle & Equipment
Policy" on Tuesday, April 24, 2012.
We have enclosed several items regarding the policy and will presenting a 35
minute / 7 part overview of the purposed "Vehicle & Equipment Policy" and will
then stand for questions at the conclusion.
See enclosure.
Illb)
C
Vehicle & Equipment Policy
Policy Scope
This policy applies to all vehicles/equipment owned and opera��the City of Hutchinson.
Policy Objective
This policy intends to reduce ongoing expenses aatl replacement costs by addressing utilization,
acquisition, disposition, maintenance, and management of vehicles /equipment.
Fleet Committee
The City Administrator shall appoint a
make recommendations regarding utili.
procedures.
Utilization
The City recognizes taxpayer/
vehicicsfequtQmeut should be
is to be bite inform y at the
To faellltate sharing,
to review.*hicle /equipment policies and to
k. disnosiffr maintenance and related
used to acquire vehicles /equipment. The
Benefit. Sharing of City vehicles/equipment
nts assi all vehicles /equipment, by month, into one of the following
1. Interdepartmental agreement
2. Minimal negntive impact,On operational efficiency
3. Tolerable negattve l on operational efficiency
4. Significant neg4iy*, Wpacts on operational efficiency
5. Seasonal & Specialty equipment
Time frame
a month or more
up to a month
a week or two
less than a week
with operator only
This information will be available to all departments to facilitate informal sharing.
The borrowing department pays for or performs routine maintenance required to operate the
vehicle /equipment, including: fuel, lubricants, filters, wear parts, and other items incidental to use.
The lending department pays for repairs arising from vehicle /equipment failures beyond the scope of
routine maintenance that are not specifically attributable to a specific action of the borrowing
department.
City of Hutchinson I Vehicle & Equipment Policy
� � GL)
As necessary, issues relating to maintenance or repairs that are not clearly attributable to a specific
department shall be reviewed by department representatives, and then, if necessary, by supervisors
and/or directors.
Borrowed vehicles /equipment are to be housed or secured when not in use. Borrowing departments
return vehicles /equipment in as good a condition as when it was borrowed, including ensuring fuel,
lubricant, and fluids are at appropriate levels and the vehicle /equipment is clean and ready for use.
The borrowing department is responsible to obtain appropriate safety training relating to borrowed
vehicles /equipment.
City -owned equipment is not to be used by private entities, includtteAntractors, agents or non -
employee personnel; however, trained volunteers may operate C# ,, ed equipment under specific
z
conditions.
Departments make operational changes, as needed, to erlhah a fuel effiEiency; for example, by
limiting idle times, or using the smallest capable veh" equipment for tl vork.
Acquisition Procedures
1. Identify Need, Priority
Replacement priority for vehicles lest 5 s,
;r
1. Public Safety (e.g., Police squac�i* fre emergem quipment)
2. Essential Mai erv�ces (e. g„sewer jetldr��it�s snuipment, street &specialty
equip.)- ,
3. Municipal ices (e.g ainistrahv&C#res, moweigeKreral maintenance
ments+$dfy needa,.prepare repot# ,dad submit requests to the Fleet Committee by
31 each vela. ReP400mist include' ehicle Condition Index (VCI) and identify other
b. Vehti-Wequipment specifications sttimitted shall reflect only those features and apparatus
�n
necessAq1q ensure apptWate purchases are made.
c. Departmentsibould dl sigiate an employee or a group to review specifications. Reports
should include f` regarding vehicle /equipment suitability, productivity, maintainability
and acquisition co3tz
d. Departments should conduct life -cycle cost analysis to determine the best value.
e. Vehicle /equipment specifications submitted are to be crafted to maximize potential for
interdepartmental use.
f. Departments should consider vehicles /equipment designed to consume less fuel, use
alternative fuels, or be otherwise advantageous to the environment, provided it is
economically or operationally advantageous to the City, or the higher cost of the
vehicle /equipment is determined to be commensurate to the benefit.
City of Hutchinson I Vehicle & Equipment Policy
I � L6)
2. Fleet Committee Review
a. Vehicles /equipment will be replaced on a priority basis after assessing their condition.
b. Replacement will be considered when economic or operational priority is demonstrated.
c. Department reports will be reviewed to ensure that cooperative purchasing contracts and/or
government discount programs are used to reduce cost. Local purchases are considered if
vehicles /equipment are available and pricing is competitive. Competitive pricing is sought, to
the extent possible, for used equipment.
d. A variety of ways to make vehicles/equipment available feviewed, including replacement,
used vehicles/equipment, rental, leasing, cooperative age�tttents, or any other means. The
intent is to determine which method provides the most operational benefit and the most
economical advantage.' -^
e. Acquisition or replacement of vehicles/equiptiretilt with low uhli�tipn will not be considered
unless specific life - safety - health functioq arq affected. DepartmenWinust clearly identify
such vehicle /equipment's specific funct€inpind necessity.
x =,
f, Some vehicles/equipment may become functf6tlal�y ob while in sern -If service,
repairs, or replacement parts #lie no longer ready 040 or when safety re&tlations are no
longer met, the vehicles/equipmet t are identified a� "Obsolete" and may be considered for
replacement regardless of othe fa WOE R, ,
3. Financing &
a. The goal irrt 0 General Fund is to budgatappi opiate tram is into the Vehicle and
Equipment 1 exent Fair as the prim*, funding source.
r xx.
b. Enter ',W funds will ly for vehicle /equipment acquisitions.
Xse of equip tit cerhfica &debt mst tttnenis, or lease - purchases may be considered.
d: , ` the Fleet Commit 'will recotiunend replacements necessary due to catastrophic loss.
e. Vehcees/equipment not,hicluded for current funding will be identified in a 5 -year plan.
f. Once the cement year of the 5 -year vehicle /equipment replacement plan is approved,
denarnnents'mav, subttiittiurchase orders for vehicles /equipment.
g. Revenues from the'disposition of vehicles/equipment are reserved in appropriate capital funds
for vehicle /equipment replacement.
City of Hutchinson I Vehicle & Equipment Policy
11(x)
Vehicle & Equipment Disposition
Vehicle/equipment disposition includes all activities undertaken by departments to remove the
vehicle /equipment from service.
1. Vehicles /equipment removed from service, provided they are safe to use, shall first be offered to
other departments.
2. Departments may dispose of vehicles/equipment in the most economically advantageous manner.
From time to time the Public Works department will coordinate disposal of surplus equipment by
auction. Departments are responsible to make reasonable efforts,to prepare surplus
vehicles /equipment for disposal in order to maximize revenue,pofttial.
Vehicle & Equipment Maintenance
Maintenance includes ail activities undertaken by depar"ents to maximize the functional life of
vehicles /equipment, including routine maintenartcks; tr pairs, refurbishmentsv;attd improvements.
M;
1. Departments develop preventive maintenance r ules for each class of veY k* /equipment.
Qualified technicians are used to perform mainteri. Pe }i reviews detefhli whether
maintenance functions are being performed adequately..
2. Departments maintain records
3. Departments maintain ongoing
can be made to malYBtiecac
improvements that
4. Departments establish proce I d I ti , t , 0 for authotiiiri airs. Dollui'amounts requiring specific
approval may vary *- equipment Class and bo cbtfimensurate to the cost of the vehicle /equipment.
One person is appoinfeij;to ma"pair authorizoilons. Repair decisions take into consideration
the specif}c function performed hjj 4evehicle /equipment, as well as its age, condition, and target
relslacernerguldeJjne.'
5. Departments identity operators' inspection and'reporting responsibilities. Inspections and
reporting are a part of $aleh operators normal routine. Departments routinely inspect
vehicteUequipment for lots ge. All ttoiilmercial drivers comply with inspection regulations for
commercial vehicles identil%d in State Statutes.
6. Departments ensure that
manner.b
perform their intended function in a safe, effective
7. Departments are responsible to keep up the appearance of vehicles /equipment, including keeping
them clean and free of debris and garbage. For vehicles /equipment used in severe duty,
departments shall also ensure radiators, air filters, and cab filters are cleaned and replaced on a
regular basis.
City of Hutchinson I Vehicle & Equipment Policy
Renortine
1. Each department shall maintain an inventory of their vehicles/equipment.
2. Inventory reports shall be submitted once each year to the Fleet Committee. Departments are to
identify the following information for vehicles /equipment assigned to the department:
a. Home department
b. Fleet ID number
c. Fixed asset ID number(s)
to help
to the
ement and
3perly
City of Hutchinson I Vehicle & Equipment Policy
Vehicle & Equipment Policy
Target Replacement Guidelines
Category
Age
Municipal vehicles & equipment
Squad cars (marked patrol cars)
3- 5 years
Cars, sport utilities, minivans
10 -12 years
Pickups, light trucks (`/4, %,'/< ton)
-10 -12 years
Light truck snowplows ( %, 1 ton)
� 4 *- 9 years
1 ton trucks (pickups, flatbeds, dumps, etc.)
years
Heavy trucks (dump trucks, snowplows, etc.)
15 -20 years
Fire trucks (engines, tankers, etc.)
20?25 years
Trailers (all types)"
15 24years
Lawn mowers, grounds equip, etc.
7- gyrs
Tractors and backhoes
12-15 yew
Skid steer loaders (skid steer, utility loaders)
12 -15 years
Wheel loaders
,.�15 -20 years
Heavy equipment"
? X15 -20 years
Forklifts, utility & contractor equiput0ri' =<
15 -20 years
A ra8t 'H
Solid Waste equipment
`xa:,
Skid steer loaders (skid steer, utility load)
& 10 years
Wheel loaders
KA%years
Heavy equipment "' ° j,
15 -20 years
Forklifts, utility &'contractor equipment
5- 7 years
City of Hutchinson I Vehicle & Equipment Policy
� � 03)
VEHICLE CONDITION INDEX
FACTOR
POINTS
Service Age
Calculated by dividing chronological age of vehicle /equipment by the appropriate
average target replacement guideline, assign points as follows:
"1" — less than 0.50
113" — 0.5 -1.0
115" — greater than 1.0
Miles/Hours
Calculated by assigning one point for each 9,000 miles of use (or, for each 450
hours of use). For vehicles /equipment without meters (e.g., trailers), use the
service age of the equipment.
Utilization
Calculated by considering the type of service:tlidvbhicle/equipment is routinely
involved in. Assign points based on typica 4iiiii' ation:
111" — Light duty — for example: administratve.cars, personnel transportation
113" — Routine duty — for example pickups, v"lgs used for daily operations
115" — Severe du — for exam le ;:' uad cars, str6i�"eepers, snowplows, etc.
Reliability
Calculated by considering the ttxtiahility of the vehidl. uipment. Categorize the
frequency of necessary repattk which takes the v quipment out of
service (do not include rout or,w,, idaintenance such as oil ciro es and tire repairs).
Assign points depending uponiiequency oirepair downtii
"1" —little or no downtime for 4.4irs
113" — routine dosytg.time for repair§
115" — significantd' time (requiresY� indicating the nature of
re airs /downtime
Maintenance &
Calculate by dividing llotal Ill - tie mainten repair costs by the capital cost
Repair Costs
of the vghicle/equipmet (capital d'c4sd i{{cludes pgichase price plus auxiliary
equtlYVFCri installe points lid on the liffitne maintenance costs,
n hfeti costs less tlta0 is of cap
a t' — lifetim a Sts 15 % -4wo of capital cost.:
lifetime its over 404 ` capital cost.
Condition
Calculate by cgtdering the condition of the body, rust, interior condition,
accidentitiandatttsipated repairs necessary. Assign points based on the
general condition of the ve 'ole/equipment.
m1°t good condition — constricting its routine use.
113" = VSrage condition — considering its routine use.
115" — Imarconditlotrx, requires an estimate of repair costs.
Vehicle
Under 15 points Excellent
Condition Indekf ,
16 to 20 pohnts Good
(VCI)
121 to 25 pointy Adequate
26 to 30 pothhis Marginal— consider for replacement
OvBr 3 "' s Poor — consider for re lacement
Other Factors
OthdOM '" are considered independently of the VCI score. Examples of
common "factors include, but are not limited to:
Defects affecting the safety of vehicles /equipment
Operational needs of the department
Cross - functionality of vehicles /equipment
Future costs of retaining vehicles /equipment
Functional obsolescence of vehicles/equipment
City of Hutchinson I Vehicle & Equipment Policy
C
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Project Award for Water Tower Rehabilitation — South Park Project
(Letting No. 6 /Project No. 12 -07)
DATE: April 24, 2012
Please note that City staff provided an overview of the above referenced project's scope and estimated costs during a
Public Hearing at the February 28h City Council meeting. Following the hearing, the City received three bids for the
Water Tower Rehabilitation — South Park project letting on Wednesday, April 1 P". As shown on the attached Bid
Tabulation form, Classic Protective Coatings Inc. (Menomonie, WI) is the apparent lowbidder with a base bid amount of
$370,513.00. Please note that this project included an alternate bid for an extended warranty (from a 2 -year to a 5 -year
timeframe) which would result in a $5,000 increase to the base bid amount. City staff has reviewed the cost/benefit of the
extended warranty and recommends that it be accepted. Thus, the project construction contract amount would be
$375,513.00.
Also, the project technical consultant, SEH Inc., has prepared a project award recommendation letter that is attached for
your information.
At this time, project construction is scheduled to start on July 24, 2012, and will extend over a 9 -week timeframe. During
construction, City staff will be providing inspection assistance to the technical consultant in an effort to minimize overall
project costs. Based on our relatively recent summer water demand history, City staff does not anticipate any significant
disruptions or limitations to the City's water distribution system.
We recommend approving the above described Project Award and attached Resolutions.
cc: Jeremy Carter —City Administrator
� I (C-)
RESOLUTION NO. 13994
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
LETTING NO. 6 1PROJECT NO. 12 -07
Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of:
South Park Water Tower Rehabilitation; exterior and interior coating removal /replacement,
structural improvements, restoration and appurtenances; and
bids were received, opened and tabulated according to law, and the following bids were received complying with
the advertisement:
Bidder
Amount Bid
Alternate Bid
Classic Protective Coatings Inc of Menomonie WI
$370,513.00
$10,000.00
TMI Coatings Inc of St. Paul MN
$374,200.00
$17,500.00
Champion Coatings of Savage MN
$423,750.00
$ 5,000.00
Whereas, it appears that Classic Protective Coatings Inc of Menomonie WI is the lowest responsible bidder; and.
Whereas, the project included an alternate bid for an extended warranty from a 2 -year to a 5 -year warranty) which
resulted in a $5,000.00 increase to the base bid amount for a total bid of $375,513.00.
Whereas, City staff has reviewed the cost/benefit of the extended warranty and recommends that it be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. The mayor and city administrator are hereby authorized and directed to enter into a contract with
Classic Protective Coatings Inc of Menomonie WI in the amount of $375,513.00 in the name of the City
of Hutchinson, for the improvement contained herein, according to the plans and specifications therefore
approved by the City Council and on file in the office of the City Engineer.
2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made
with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be
retained until a contract has been signed, and the deposit of the successful bidder shall be retained until
satisfactory completion of the contract.
Adopted by the Hutchinson City Council this 24th day of April 2012.
Mayor, Steven W. Cook
City Administrator, Jeremy J. Carter
1) (C-)
CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON MN 55350 320 - 234 -4209
BID TABULATION - CITY OF HUTCHINSON LETTING NO. 6 1PROJECT NO. 12 -07
WATER TOWER REHABILITATION - SOUTH PARK
BID OPENING: 04/11/2012 AT 10:00 AM ENGINEER'S ESTIMATE $400,000.00 COMPLETION DATE: 10/05/2012
z
w
!-
uvi
a
to
ITEM DESCRIPTION
a
Classic Protective Coatings
Inc
N7670 State Hwy 26
Menomonie WI 54751
heather@classicprotectiveco
atings.com
716- 233{267
TMI Coatings Inc
3291 Terminal Or
St Paul MN 65121
tmi@tmicoatings.com
651452.6100
Champion Coatings
7385 West 126th St
Savage MN 55378
Irccoatings@frontiemoLnet
952 -707 -9000
BJD PRICE
BID TOTAL
BID PRICE
BID TOTAL I
BID PRICE
I BID TOTAL
$370,513.00
$374,200.00
$423,750.00
F
—
1
2031.501
MOBILIZATION /SITE MAINTENANCE
LS
1
$15,000.00
$15,000.00
$20,000.00
$20,000.00
$20,000.00
$20,000.00
2
2101.502
DEHUMIDIFICATION
LS
1
$25,000.00
$25,000.00
$10,000.00
$10,000.00
$10,000.00
$10,000.00
3
2101.507
CONTAINMENT /BONNET
LS
1
$60,000.00
$60,000.00
$58,000.00
$58,000.00
$60,000.00
$60,000.00
4
2104.501
CAULKING
LF
400
$5.00
$2,000.00
$5.00
$2,000.00
$5.00
$2,000.00
5
2104.501
GRINDING
HRS
50
$100.00
$5,000.00
$100.00
$5,000.00
$125.00
$6,250.00
6
2104.501
MUD VALVE
LS
1
$5,750.00
$5,750.00
$5,000.00
$5,000.00
$3,000.00
$3,000.00
7
2104.501
ROOF HAND RAIL
LS
1
$14,500.00
$14,500.00
$5,000.00
$5,000.00
$10,000.00
$10,000.00
8
2104.503
24 "DIAMETER MANWAY -ROOF
LS
1
$1,450.00
$1,450.00
$4,500.00
$4,500.00
$3,000.00
$3,000.00
9
2104.505
24" DIAMETER PRESSURE MANWAY
LS
1
$5,750.00
$5,750.00
$8,000.001
$8,000.00
$5,500.00
$5,500.00
10
2104.505
24: DIAMETER ROOF VENT
LS
1
$4,850.00
$4,850.00
$8,000.00
$8,000.00
$5,000.00
$5,000.00
11
2104.505
REPLACEMENT OF ACCESS DOOR AND FRAME
LS
1
$9,850.00
$9, 850.00
$4,500.00
$4,500.00
$4,000.00
$4,000.00
12
2104.505
INTERIOR WET COATING SYSTEM
LS
1
$73,013.00
$73,013.00
$92,100.00
$92,100.00
$68,000.00
$88,000.00
13
2104.509
INTEREIOR DRY COATING SYSTEM
LS
1
$35,000.00
$35,000.00
$9,600.00
$9,600.00
$35,000.00
$35,000.00
14
2104.509
EXTERIOR COATING SYSTEM
LS
1
$92,100.00
$92,100.00
$126,800.00
$126,800.00
$150,000.00
$156,000.00
15
2104.509
SITE RESTORATION
LS
1
$2,500.00
$2,500.00
$2,500.00
$2,500.00
$3,000.00
$3,000.00
16
2104.509
LETTERING/LOGO
EA
2
$5,000.00
$10,000.00
$2,850.00
$5,700.00
$3,500.00
$7,000.00
17
1 2104.509
DISINFECTION
LS
1
$2,000.00
$2,000.00
$1,500.00
$1,500.00
$2,000.00
$2,000.00
18
2104.511
ACCESS TUBE MODIFICATION
LS
1
$1,750.00
$1,750.00
$5,000.00
$5,000.00
$1,500.00
$1,500.00
19
2104.513
2 -YEAR WARRANTY
LS
1
$5,000.00
$5,000.00
$1,000.00
$1,000.001
$2,500.001
$2,500.00
TOTAL LETTING NO.6 /PROJECT NO. 12 -07
$370,513.001
$374,200.001
$423,750.00
ALTERNATE
BID #1
i
Lj
F
Classic Protective Coatings
TMI Coatings Inc
g
Champion Coatings
P
a
ITEM DESCRIPTION
?
a
Inc
F
—
CI
BID PRICE
BID TOTAL
BID PRICE BID T TAL
BID PRICE
T TAL
1
5 YEAR WARRANTY (in place of Item No. 19 - 2 yr warran
LS
1
$10,000.00
$10,000.00
$17,500.00 $17,500.00
$5,000.00
$5,000.00
TOTAL ALTERNATE BID #1
$10,000.00
$17,500.00
$5,000.00
n
Paget of 1
A
SEH
April 18, 2012
Mr. Kent Exner, PE
Public Works Director
City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
Dear Mr. Exner:
RE: City of Hutchinson - Minnesota
Water Tower Rehabilitation -South Park
SEH No. HUTCH 119485 14.00
On April 11, 2012 three (3) bids were received for the Water Tower Rehabilitation- South Park project.
The bids ranged from $370,513.00 to $423,750.00. There was one Alternate — 5 -Year Warranty. The
low bid with respect to both totals was submitted by Classic Protective Coatings of Menomonie,
Wisconsin. The Engineer opinion of probable construction cost was $400,000.00. The bid tabulation is
attached for your review.
We have worked with Classic Protective Coatings on a number of previous projects; the most recent,
respective of the traditional design- bid -build approach was a pedestal style tank in Bloomer,
Wisconsin. We have reviewed the information provided in their Bidders Proof of Responsibility and
references from recently completed projects. It is our opinion that they are a responsible bidder in
being able to do this work.
We recommend proceeding with a contract award to Classic Protective Coatings in the amount
of $370,513.00. Further, SEH believes that the City should favorably consider inclusion of
Alternate Item No.1 for an additional $5,000.00.
If you have any further questions, please contact me directly at 651.490.2160.
Sincerely,
Daniel J. Zienty
Project Manager
djz
Attachments
c: John Rodeberg, PE - SEH
Miles Jensen. PE - SEH
s: 1ryNViutcn11194B51Eiddin9 dax�am me broer 6 bid tae b kewer 41612docx
Short Elliott Hendrickson Inc. 13535 Vadnais Center Drive I Saint Paul. MN 551105196
SEH is an equal opportunity employer I v .eehinc.com 1 651.490.2000 1 800.325.2055 1 888.908.8186 fax
i(C-)
f i RA
Hutchinson Housing &
Redevelopment Authority
Regular Board Meeting Tuesday, March 20, 2012, 7:00 AM
Minutes
1. CALL TO ORDER: Chairman Becky Felling called the meeting to order. Members Present: Bill Arndt,
LaVonne Hansen, LouAnn Holmquist, and Joel Kraft. Staff Present: Jean Ward and Judy Flemming.
2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON FEBRUARY 21, 2012
Bill Arndt moved to approve the Minutes of the regular board meeting as written. LaVonne Hansen
seconded and the motion carried unanimously.
3. FINANCIAL REPORTS
a. Joel Kraft moved to approve the City Center General Fund payments of $12,742.98 for checks
8029 to 8041 and consideration of February 29, 2012 City Center Financial Statements. LouAnn
Holmquist seconded and the motion carried unanimously.
b. Bill Arndt moved to approve the Park Towers payments of $42,032.49 for checks 11898 to 11931
and consideration of Park Towers January 2012 Financial Statements. Joel Kraft seconded and the
motion carried unanimously.
4. PARK TOWERS UPDATE
a. Jean Ward updated the Board regarding the February 23, 2012 HUD Physical Inspection. A score
of 99/100 results in a PHAS score of 40/40.
b. Occupancy Status — 97 %.
5. SCDP PROJECT UPDATE
Jean Ward updated the Board on the revision of Short Application to address need (market to obtain
more applications and highlight high radon area) and impact (submit a smaller target area than the
whole City of Hutchinson).
6. CFUF PROGRAM
Bill Arndt moved to approve the $250.00 rebate program for up to 10 CFUF Energy Loans to stimulate
use of the CFUF discount loan program for energy improvements (these rebates could be combined
with Hutchinson Utility rebates). LaVonne Hansen seconded and the motion carried unanimously.
UPDATE ON 400 LYNN ROAD
a. Jean Ward updated the Board on the construction schedule.
b. HERS Rating Information: so far the energy auditor is figuring that the home will score in the 50's.
8. REVIEW OF NEW CONSTRUCTION BUDGET FOR 587 FRANKLIN STREET
Joel Kraft moved to sell 587 Franklin Street SW vacant lot to Habitat for Humanity for $3,000.
LaVonne Hansen seconded and the motion carried unanimously.
9. FIRST LOOK PROGRAM
Joel Kraft moved to approve the Execution of the Purchase agreement for 734 Southview Drive SW for
$43,815. LouAnn Holmquist seconded and the motion carried unanimously.
March 20 . 2612 Minutes
Page I oft
10. OTHER - FYI
a. The impact of foreclosures on re -sale prices.
b. Foreclosure Update
c. Issue Brief by PHADA for Interim PHAS Rule
11. ADJOURNMENT
Bill Arndt moved to adjourn and LaVonne Hansen seconded. There being no other business, Chairman
Becky Felling declared the meeting adjourned.
Recorded by Jean Ward, HRA Executive Director
LaVonne Hansen, Secretary/Treasurer
March 20. 2012 Minutes PROP) nf�
CITY OF HUTCHINSON
Financial Report - GENERAL FUND
For the month of March, 2012
SUMMARY FINANCIAL STATEMENT:
This category is reflecting a YTD increase over last year mainly due to Recreation Fees; $53,070, Motor Vehicle Fees;
$20,265 and offset by lower Event Center rentals; $(7,809).
The increase in Recreation fees is due mostly to the timing difference in the payout of baseball registration fees to
Hutchinson Junior Baseball. The City administers the registration, collects all fees and then issues a check to the
2012
2012
2012
2012
traditionally have been netted against the revenue but technically should be expensed. Finance will look into making the
2011
2011
Category
Month of
March
Approved
Budget
%Used
March
Approved
%Used
March
YTD
Budget
Balance
spring weather.
YTD
Budget
REVENUES:
is due in part to the timing of the replenishment at year end 2011 which we pushed into 2012 to more accurately match
our expense with revenues in the same year.
4005
Taxes & Penalties
-
-
4,491,446
4,491,446
0.0%
-
4,491,446
0.0%
4050
Licenses
45,401
47,237
53,500
6,263
88.3%
35,640
51,300
69.5%
4070
Permits
8,727
25,778
158,950
133,172
16.2%
23121
246,600
9.4%
4100
Inter ovemmental
11,914
33,790
1,194,876
1,161,086
2.8%
31,116
1,144,277
2.7%
4250
Cherries for Services
202,657
384,041
1,852,400
1,468,359
20.7%
316264
1,843,596
17.2%
4400
Fines & Forteitures
6,111
11,094
45,000
33,906
24.7%
11,211
45,000
24.9%
4620
Investment Earnings
16,922
35,000
51,922
-48.3%
5,119
70,000
7.3%
4700
Reimbursements
17,497
53,678
407,152
353,474
13.2%
48,971
568,385
8.6%
4800
Transfers
6
219
2,090,376
2,090,157
0.0%
2,148
2,161,535
0.1%
4890
Surcharge
387
1,051
350
701
300.4%
23
400
5.8%
4998
Fund Balance
10,000
10,000
0.0%
-
15,000
0.0%
TOTAL REVENUES
292,700
539,967
10,339,050
9,799,083
5.2%
473,613
10,637 639
4.5%
EXPENDITURES:
6105
Salaries & Fringe Benefits
540,456
1,584,729
6,633,597
5,048,868
23.9%
1,631,054
6,607,157
24.7%
6200
Supplies, Repairs, Maint.
66,560
160,123
790,835
630,712
20.2%
158,995
761,532
20.9%
6300
Contractual Services
53,955
87,793
462,442
374,649
19.0%
86,074
465,925
18.5%
6306
Services & Charges
157,810
440,001
2,155,664
1,715,663
20.4%
459,561
2,233,927
20.6%
6600
Debt Service
-
-
0.0%
-
-
0.0%
6700
Transfers
2,000
2,000
92,750
90,750
2.2%
2,000
89,300
2.2%
6900
Misc. Expenses
26,071
84,494
203,762
119,268
41.5%
71,100
479,698
14.8%
7000
Ca itaI Outlay
-
0.0%
588
-
100.0%
TOTAL EXPENDITURES
846,853
2,359,140
10,339,050
7,979,910
22.8%
2409,373
10 637 539
22.6%
TOTAL REVENUEOVER
UNDER EXPENDITURES
554153
1819173
-
1819173
100.0%
7935759
-
100.0%
COMMENTS:
REVENUES:
Charges for Services
This category is reflecting a YTD increase over last year mainly due to Recreation Fees; $53,070, Motor Vehicle Fees;
$20,265 and offset by lower Event Center rentals; $(7,809).
The increase in Recreation fees is due mostly to the timing difference in the payout of baseball registration fees to
Hutchinson Junior Baseball. The City administers the registration, collects all fees and then issues a check to the
association net of the City's fees once registration is closed. In 2011, the City made a progress payout to the association
in March but did not do the same in 2012 thereby creating the appearance of more revenue in 2012. The payouts
traditionally have been netted against the revenue but technically should be expensed. Finance will look into making the
accounting change of property recording the payout as expense.
Motor Vehicle fees are up due in part to an increase in the number of transactions, but also due to a fee increase of $1.50
per transaction as of 71112011.
Investment Earnings
The 2012 activity includes an accrual reversal related to the 12/3112011 market value adjustment on our investments.
This reversal causes a negative variance all year until we book the 12/31/2012 market value adjustment; $(16,922).
EXPENDITURES:
Salaries & Fringe Benefits
The decrease in YTD 2012 from 2011 is due to the payout of vacation balances to the employees who retired 12/3112010.
The majority of the vacation was paid out in the first quarter of 2011.
Services & Charges
The decrease in YTD 2012 from 2011 is due to the fact that Utilities is trending 16% lower than in 2011 due to the mild
spring weather.
Misc. Expenses
This category is $13,395 higher in 2012 than in 2011 due to an increase in the Coalition of Greater MN Cities fee; $6,256.
Also contributing is the fact that we have replenished the City Center ATM by $7,000 more YTD 2012 than in 2011. This
is due in part to the timing of the replenishment at year end 2011 which we pushed into 2012 to more accurately match
our expense with revenues in the same year.
DLC��
EXPENDITURES BY DEPARTMENT:
Department
2012
Month of
March
2012
March
YTD
2012
Approved
Budget
2012
Budget
Balance
% Used
2011
March
YTD
2011
Approved
Budget
% Used
Mayor & City Council
3,162
9,887
53,814
43,927
18.4%
9,788
51,866
18.9%
City Administrator
32,057
96,844
380,851
284,007
25.4%
135,653
385,766
35.2%
Elections
30
30
16,000
15,970
0.2%
-
10,000
Finance Department
30,786
92,065
364,529
272,464
25.3%
95,794
381,614
25.1%
Motor Vehicle
28,478
77,309
271,910
194,601
28.4%
69,701
252,887
27.6%
Assessing
-
-
61,911
61,911
-
61,911
Legal
17,411
51,271
233,181
181,910
22.0%
49,892
234,519
21.3%
Planning
12,349
36,920
117,320
80,400
31.5%
40,405
170,830
23.7%
Information Services
28,300
85,516
452,687
367,171
18.9%
76,064
360,943
21.1%
Police Department
263,421
736,670
2,915,131
2,178,461
25.3%
703,264
3,029,871
23.2%
Emergency Management
-
362
13,025
12,663
2.8%
404
10,000
4.0%
Safety Committee
-
7,726
13,450
5,724
57.4%
-
13,450
Fire Department
33,468
82,883
296,805
213,922
27.9%
65,239
460,763
14.2%
Protective Inspections
14,620
43,768
206,188
162,420
21.2%
35,018
155,350
22.5%
Engineering
41,709
116,708
457,614
340,906
25.5%
116,231
463,959
25.1%
Streets & Alleys
90,629
231,530
1,308,421
1,076,891
17.7%
273,098
1,437,814
19.0%
City Hall Building
6,795
25,360
121,698
96,338
20.8%
29,201
131,427
22.2%
Park/Recreation Administration
15,032
51,240
215,295
164,055
23.8%
51,585
211,546
24.4%
Recreation
13,881
54,914
217,894
162,980
25.2%
59,858
218,893
27.3%
Senior Citizen Center
5,164
15,009
67,635
52,626
22.2%
16,588
72,990
22.7%
Civic Arena
24,643
103,640
326,765
223,125
31.7%
117,776
331,624
35.5%
Park Department
64,038
161,936
721,981
560,045
22.4%
155,982
720,738
21.8%
Recreation Building & Pool
10,964
32,319
187,760
155,441
17.2%
36,723
185,393
19.8%
Events Center
18,521
47,750
231,225
183,475
20.7%
53,628
224,688
23.9%
Evergreen Building
153
2,323
12,305
9,982
18.9%
3,619
13,130
27.6%
Library
38,888
44,918
183,970
139,052
24.4%
46,644
183,759
25.4%
Cemetery
5,746
15,022
108,400
93,378
13.9%
37,599
112,511
33.4%
Airport
1,339
11,528
100,235
88,707
11.5%
20,476
101,314
20.2%
Revenue Department
-
-
50,000
50,000
-
50,000
Unallocated General Expense
45,268
123,691
631,050
507,359
19.6%
108,143
597,983
18.1%
TOTAL EXPENDITURES
846,853
2,369,140
10 339 050
7,979,910
22.8%
2.409,373
10,637,539
22.6%
-A,O�
Fund:
IlLiquor
Category
2012
YTD 3/31/12
2012
Budget
Budget
Balance
% Used
2011
YTD 3lJ1 /11
2011
Bud st
y Used
REVENUES:
Beer
184,716
167,317
104%
Wine
524,072
460,699
13.7%
4450
Sales -Liquor
;210.
378,701
1,705,453
1,326,752
22.2%
349,773
1,705,453
20.5%
4450
Sales Wine
Average Sale per Customer
184,716
852,364
667,648
21.7%
167,317
759,895
22.0%
4450
Sales - Beer
524,072
2,601267
2,077,195
20.1%
460,899
2,681,718
17.2%
4450
Sales - Other
5,106
21,142
16,036
24.2%
4,864
11,142
43.7%
4620
Investment Earnings
461
1,000
539
46.1%
306
3,000
10.2%
4700
Reimbursements
500
500
2,000
1. o0l,
25.0%
555
100.0%
4800
Transfers
0.0%
-
0.0%
TOTAL REVENUES
419,187
1097,566
6,183,226
4,089,670
21.1%
983,713
5.161.208
19.1%
Gross Margin
%
EXPENDITURES:
56,596
13.5%
44,731
4.1%
1,248,158
24.1%
(1,203,427)
3.6%
20,862
2.1%
1,223,629
217%
1.7%
6800
Cost of Sales
361,925
1,047,864
3,932,068
2,884,204
26.6%
961,991
3,934,579
24.4%
6105
Salaries & Fringe, Benefits
39,448
115,164
436,850
321,686
2&4%J
105,481
439,844
24.0%
6200
Su lies, Repairs, Mainl.
856
2,648
16,600
13,952
16.0%
3,291
20,400
1 16.1%
6306
Services &Charges
11,239
43,812
186,500
142,688
23.5%
41,962
168,105
25.0%
6600
Debt Service
128,035
128,035
0.D%
-
128,048
0.0%
6700
Transfers
420,000
420,000
0.0%
-
451,030
0.0%
6898
Depreciation
77,671
77,671
0.0%
77,671
0.0%
6900
Misc. Expenses
57
314
3,650
3,336
8.6%
14D
3,250
47;
7000
Cap! I Outlay
0.0%
-
-
0.0%
TOTAL EXPENDITURES
413,525
1,209,801
6,201 374
1 3991,673
23.3%
1172884
5222927
21.3%
TOTAL REVENUE OVER
UNDER EXPENDITURES
5,662
(116,24611
(18,14811
(98.09711
640.6'h
129 161
61 719
209.3%
COMMENTS:
REVENUES:
Year- to-Date Sales
2012
2011
Change
Liquor
378,701
349,773
8.3%
Beer
184,716
167,317
104%
Wine
524,072
460,699
13.7%
Other
5,106
4,864
5.0%
Total Sales
1,094,607
984,884
11.1%
Customer Count
49,077
45,252
8.5%
Average Sale per Customer
$ 22.31 $
21.72
21%
EXPENDITURES:
Cost of Sales Cost of sales reflected above is not indicative of actual cost of sales. Our current accounting structure reflects
all goods purchased as Cost of Sales when in actuality the majority of those purchases should be reflected on
the balance sheet as Inventory until sold. Therefore this report shows significantly higher Cost of Sales than the
quarterly reports compiled by Candice Woods. Finance will be working with Candice to formulate a more
accurate format for reporting monthly to the Council.
Fund:
Compost
Category
March
2012
2012
YTD 3131112
2012
Butl
Budget
Balance
%used
2011
YTD 3131111
2011
Bud at
% Used
REVENUES:
4100
4250
Charges for Services
71
45,076
132,000
86,924
34.1%
21,725
20,000
108.6%
4450
Sales - Bulk Product
10,724
12,892
145,000
132,108
8.9%
916
100,000
0.9%
4450
Sales - Sagged Product
376,154
548,491
1,759,629
1,211,138
31.2%
372,204
1,700,000
21.9%
4450
Sales - Other
19,059
14,606
66,000
51,394
22.1%
1,274
67,000
1.9%
4620
Investment Earnings
-
1,949
1,949
100.0%
202
0.0%
100.0%
4700
Reimbursements
-
10
1,000
990
1.0%
23.7%
2,000
0.0%
4800
Transfers
0.0%
6800
Cost of Sales
0.0%
TOTAL REVENUES
406,008
619.127
2,103.629
1484602
29.4%
396320
1,889,000
21.0%
Gross Margin
%
EXPENDITURES:
153,414
37.8%
214,082
371%
769,686
39.1%
(555,604)
27.B%
107,001
28.6%
1,011,000
54.2%
10.6%
6800
Cost of Sales
252,523
361,908
1,200,943
839,035
30.1%
267,392
856,000
31.2%
6105
Salaries B Fringe Benefits
51,304
134,750
478,605
343,855
28.2%
133,683
578,863
23.1%
6200
Supplies, Repairs, Maint.
11.773
13,799
24,350
10,551
56.7%
28,966
52,130
55.6%
6300
Contracted Services
6,815
8,908
58,000
49,093
15.4%
2,037
43,000
43%
6306
Services B Charges
12,922
23,262
117,800
94,538
19.7%
25,455
150,295
167%
6600
Debt Service
-
163,073
163,073
0.0%
0.0%
264,811
00%
0.0%
6700
Transfers
-
57,800
57,80D
0.0%
57,800
0.0%
6898
Depreciation
-
8,236
70,290
78,526
-11.7%
2,126
146,184
-1.5%
6900
Misc. Expenses
2,076
2,681
8,500
5,819
31.5%
970
12,500
7.8%
7000
Capital Outlay
63 7/8
214.9%
125,000
125,000
0.0%
94,000
0.0%
TOTAL EXPENDITURES
337413
537,072
21N 88
1604,216
26.1%
456,378
1990772
22.9%
TOTAL REVENUE OVER
UNDER EXPENDITURES
68596
82056
37669
119714
- 217.9%
60068
(101,77211
59.OYe
Fund: Refuse
Category
March
2012
2012
YTD 3131112
2012
Budget
Budget
Balance
y Used
2011
YTD 3131171
2011
Butl et
%Used
REVENUES:
4100
into o"n'"n. bal
-
26,000
26,000
0.0%
29,466
0.0%
4250
Cha esfor Services
D.0%
0.0%
4450
Sales
94,037
283,089
1,143,100
860,011
24.8%
283,455
1,167,000
24.3%
4620
investment Eamin s
-
2,636
2,836
700.0%
522
100.0%
4700
Reimbursements
-
-
0.0%
0.0%
TOTAL REVENUES
94,037
280.263
1,169100
(888&71
2440%
283977
1,196466
23.7%
EXPENDITURES:
6800
Cost of Sales
-
5,000
5,000
0.0%
5,000
0.0%
6105
Salaries 8 Fringe Benefits
14,055
43,459
148,420
104,961
29.3%
36,342
143,945
25.2%
6200
Supplies, Repairs, Maint.
836
2,978
68,700
65,722
4.3%
32,739
122,950
26.6%
6300
Contracted Services
-
716
15,000
14,285
4.8%
106
31,000
1 0.3%
6306
Services BCharges
2882
773,805
658,417
544,612
17.3%
33,433
667600
5.0%
6600
Debt Service
0.0%
0.0%
6700
Transfers
1
55,000
55,000
00%
0.0%
6898
Depreciation
-
-
163,073
163,073
0.0%
264,811
00%
6900
Misc. Expenses
25
57
57
10000%
0.0%
7000
Capital Outlay
-
-
-
0.0%
8,732
154,000
57%
TOTAL EXPENDITURES
17,798
161,016
1,113 610
952.696
14.6%
111,352
1,389,606
8.0%
TOTAL REVENUE OVER
(UNDERI EXPENDITURES
76 239
119,238
56,490
63 7/8
214.9%
172 624
193 040
-69.4%
m
Fund:
iWater
Category
March
2012
2012
YTD 3!71112
2012
Budget
Budget
Balance
%Used
2011
YTD 3131111
011
d t
%Usetl
REVENUES:
4005
Taxes
24,058
24,755
252,000
227,245
9.8%
0.0%
4020
Special Assessments
6,700
7,000
300
0.0%
6,800
7,500
0,0%
4250
Charges for Services
1,821
21,375
32,000
10,625
66.8%
705
32,000
28.8%
4450
Sales
172,806
532,907
2,347,500
1,814,59 3
22.7%
998,899
501,500
22.6%
4620
Investment Eamin s
7,257
20,000
27,257
-36.3%
29,491
20,000
-99.4%
4700
Reimbursements
453
3,280
64,017
64,017
0.0%
7,469
63,802
0.0%
4800
Transfers
30
30
100.0%
63,802
100.0%
4998
Total Fund Balance
0.0%
0.0%
TOTAL REVENUES
198684
671810
2,715,517
2143707
21.1%
984,382
,617302
21.2%
EXPENDITURES:
6105
Salaries & Fringe Benefits
28,523
86,236
443,330
357,094
19.5%
94,870
452,846
20.9%
6200
Supplies. Repairs, Maim.
7,465
15,405
143,975
128,570
101%
20,345
149,600
13.6%
6300
Consulting
1,017
1 4,091
50,000
1 45,909
8.2%
4,775
50,000
9.6%
6306
Services &Charges
11,978
66,228
405,550
339,322
16.3%
88,187
485,450
18.2%
6600
Debt Service
204,669
1,218,884
1,014,215
16.8%
228,125
1,211,338
18.8%
6700
Transfers
43,145
43,145
0.0%
43,145
0.0%
6898
Depreciation
1,020,000
1020,000
0.0%
1,000,000
0.0%
6900
Misc. Expenses
150
7,267
15,850
8,583
45.8%
4,936
13,450
36.7%
7000
Capital Outlay
250,000
250,000
0.0%
240,D00
0.0%
TOTAL EXPENDITURES
49134
383,896
3,590734
3208838
10.7%.
441,238
3.645,829
12.1%
TOTAL REVENUE OVER
UNDER EXPENDITURES
149551
187914
876217
1063131
- 21.50/6
113571
M.028.62711
-11.D%
Fund:
iSewer
Category
March
2012
2012
YTD 3131112
2012
Budget
Budget
Balance
y Used
2011
YTD 3131111
2011
Budget
%Usetl
REVENUES:
4005
Taxes
33,222
34,165
348,000
313,815
9.8%
0.0%
4070
Permits
6,700
7,000
300
95.7%
6,800
7,500
90.7%
4250
Charges for Services
100
7,000
6,900
.4
1%
705
6,000
11.8%
4450
Sales
267,188
852,654
3,190,000
2,337,346
267%
998,899
3,494,000
28.6%
4620
Investment Earnings
10,678
20,000
30,878
-54.4%
29,491
20,000
- 147.5%
4700
Reimbursements
453
3,280
64,017
(60,ZL71
51%
7,469
100.0%
4800
Transfers
D.0%
63,802
0.0%
4998
Total Fund Balance
0.0%
0.0%
TOTAL REVENUES
300,864
11
3,636,017
2749977
24.4%
984,382
3,591,302
27.4%
EXPENDITURES:
6105
Salaries & Fringe Benefits
51,053
148,481
623,725
475,244
218%
138,365
620,093
22.3%
6200
Supplies, Repairs, Maint.
27,061
70,478
405,500
335,022
17.4%
124,787
404,500
30.8%
6300
Consuffing
3,411
9,688
120,000
110,312
1 8.1%
23,336
1 120,000
19.4%
6306
Services & Cha es
24,823
137,860
747,300
609,440
18.4%
192,360
737,225
1 26.1%
6600
Debt Service
434,319
1527,212
1,092,893
2B.4%
423,759
1,516,000
28.0%
6700
Transfers
43,145
43,145
D.0%
43,145
0.0%
6898
Depreciation
1,620,000
1,620,000
D.0%
1,620,000
0.0%
6900
Misc. Expenses
14,831
15,487
27,000
11,513
57.4%
15,259
22,600
67.5%
7000
Ca itaI Outlay
350,000
350,000
0.0%
350,000
0.0%
TOTAL EXPENDITURES
121.179
816,313
6463 882
4,647,669
14.9%
917,866
5 433 663
16.9%
TOTAL REVENUE OVER
UNDER EXPENDITURES
179 684
69 727
(1,1127,8601
1,897,692
-3.8%.
66,616
(1,842,261
-3.6%
Imo)
Fund:
IStorm Water Utility
Category
March
2012
2012
(YTD 3131/121
2012
Budget
Budget
Balance
% Used
2011
(YTD 3131/11
2011
Budget
% Used
REVENUES:
4070
Permits
16,413
100
-
100
100.0%
-
131,350
0.0%
4100
Intergovernmental
32,551
110,020
480,000
-
0.0%
167,321
-
0.0%
4250
Cha es for Services
399
1,000
1,000
0,0%I
42,D00
-
100.0%
4450
Sales
53,040
153,876
613,250
459,374
25.1%
144,295
566250
25.5%
4620
Investment Earnings
3,712
1,000
4,772
- 371.2%
829
1,D00
82.9%
4700
Reimbursements
126,172
703,800
-
-
0.0%
601,400
1,650
0.0%
4998
Fund Balance
-
0.0%
-
61D5
0.0%
TOTAL REVENUES
63,040
150,264
616250
464986
24.4%
187124
668,900
32.9%
EXPENDITURES:
52,171
117,752
492,900
375,148
23.9%
159,030
393,900
40.4%
6105
Salaries & Fringe Benefits
8,991
23,872
205,610
181,738
11.6%
26,679
203,770
1 13.1%
6200
Supplies, Repairs Maint.
712
765
33,100
32,335
2.3%
22,274
33,100
67.3%
630D
Consuttin
5,659
6,453
20I00D
13,547
32.3%
20,000
0.0%
6306
Services & Charges
3.137
15,762
122,250
106,488
12.9%
37,432
104,95D
35.7%
6600
Debt Service
125,425
165,340
39,915
75,9%1
119,405
165,400
72.2%
6700
Transfers
70
-
0.0%
-
-
000%
6898
De redirtion
90,000
90,000
0.0%
80,000
0.0%
6900
Misc. Expenses
25
57
2,200
2,143
2.6%
2
2,200
0.1%
7000
Capital Outlay
-
157,000
157,000
0.0%
33,785
120,000
28.2%
TOTAL EXPENDITURES
18,624
172,336
796.600
623,166
21.7%
239678
729420
32.8%
TOTAL REVENUE OVER
UNDER EXPENDITURES
34616
22071
1180,25011
158,179
12.2%
52.46411
1160.52q)L
321%
Fund:
HATS
Category
March
2012
2012
YTD 3131/12
2012
Butl et
Budget
Balance
%Used
2011
TD 31311111
2011
Budiust
%Used
REVENUES:
4100 lintergovernmental
16,413
16,413
131,150
114,737
1245%
-
131,350
0.0%
4250 lCharges
for Services
32,551
110,020
480,000
369,980
22.9%
167,321
380,000
44.0%
4620
Investment Earnings
399
1,000
1,399
-39.9%
12B
1,000
12.8%
4702
Reimbursements
98
13B
2,000
1,862
6.9%
110
2,000
5.5%
4800
1 Transfers
89,650
89,650
0.0%
-
87,050
0.0%
TOTAL REVENUES
49,062
126,172
703,800
(677,628
17.9%
167,550
601,400
27.9%
EXPENDITURES:
61D5
Salaries & Fringe Benefits
4,606
15,697
55,375
39,678
28.3%
18,599
51,290
36.3%
6200
Supplies, Repairs, Maint.
52,171
117,752
492,900
375,148
23.9%
159,030
393,900
40.4%
6300
Consulting
1,455
7,455
000%
-
1,625
0.0%
6306
Services &Charges
3,001
27,620
154,000
126,380
17.9%
47,839
152,500
31.4%
6600
Debt Service
-
-
0.0%
0.0%
6700
Transfers
-
0.0%
-
-
0.0%
6898
Depreciation
-
-
0.0%
-
0.0%
6900
Misc. Expenses
70
70
0.0%
85
0.0%
7000
Capital Outlay
-
-
0.0%
2,000
0.0%
TOTAL EXPENDITURES
69,777
161,069
703,800
642.731
219%
226 468
601 400
37.6%
TOTAL REVENUE OVER
UNDER EXPENDITURES
10716
34897
34897
57908
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MINUTES
HUTCHINSON AREA JOINT PLANNING BOARD
Wednesday, November 16, 2011
Hutchinson City Council Chambers
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Jim Lauer at 5:30 p.m. with the following members
present: Tom Wirt, Larry Karg, Grant Knutson, Garrett Luthens, Bill Arndt and Chairman Lauer.
Absent: Also present: Dan Jochum, City Planning Director, Marc Telecky, McLeod County
Assistant Zoning Administrator and Bonnie Baumetz, Planning Coordinator
2. APPROVAL OF MINUTES
a) Consideration of Minutes dated September 21, 2011.
Mr. Knutson made a motion to approve the minutes of September 21, 2011. Seconded by Mr.
Arndt, the motion carried unanimously.
3. PUBLIC HEARINGS
a) CONSIDERATION OF A RESUBMITTED FINAL PLAT OF BARRICK'S TRAIL VIEW
SUBMITTED BY TRAVIS BARRICK LOCATED IN SECTION 34, ACOMA TOWNSHIP
Chairman Lauer opened the hearing at 5:31 p.m. with the reading of publication #7904
published in the Hutchinson Leader on Wednesday, November 2, 2011.
Mr. Telecky explained the preliminary plat was approved in November of 2008. He commented
on the reason of the resubmitted plat due to the changes needed in the Title Opinion. The
existing land use is rural residential. Mr. Telecky stated the SSTS guidelines were met with no
wetland delineation being needed since there are existing houses on both of the properties
being split. The application meets the Comprehensive Land Use Plan for clustering. The site will
be split into two buildable lots and both parcels are capable of two SSTS sites. The property is
in an area that is located on a dead end road and does not have high traffic counts. A Title
Opinion must be submitted before the County Commissioners meeting. Staff recommends
approval of the final plat for recording after the McLeod County Attorney has reviewed the
Opinion of Title.
Mr. Arndt made a motion to close the hearing. Seconded by Mr. Karg, the hearing closed at
5:34 p.m. Mr. Arndt made a motion to approve the request with staff recommendations.
Seconded by Mr. Karg, the motion carried unanimously. Mr. Telecky stated this item would be
forwarded to the County Board and placed on their consent agenda, December 6, 2011, at 9:00
a.m. as long as the title opinion is received and reviewed by the County Attorney.
4. NEW BUSINESS
5. OLD BUSINESS
6. COMMUNICATION FROM STAFF
Minutes
Joint Planning Board — November 16, 2011
Page 2
a) COMPREHENSIVE PLAN UPDATE — Mr. Jochum updated the Board on the Transportation
Focus Group and Land Use Focus Group meetings. He would like to go to the township board
meetings after the holidays sometime in January or February to get input from the township
board members. It was the consensus of the Joint Planning Board to have the township board
members meet at the City Center on January 18, 2012, which is the regular Joint Planning
meeting night.
7. ADJOURNMENT
There being no further business Mr. Arndt moved to adjourn the meeting, seconded by Mr. Wirt the
meeting adjourned at 5:44 p.m.
1��
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, March 20, 2012
Hutchinson City Council Chambers
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members
present: Raymond Norton, Christie Hantge, Bill Arndt, Dean Kirchoff and Chairman Lofdahl.
Absent: Jim Fahey and Dave Johnston Also present: Dan Jochum, Planning Director, Kent Exner,
City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator
2. PLEDGE OF ALLEGIANCE
3. ELECTION OF OFFICERS
Chairman Lofdahl called for nominations to elect chairman and vice chairman. Mr. Arndt made a
motion to re -elect Mr. Lofdahl for chairman. Seconded by Mr. Kirchoff, the motion carried
unanimously. Mr. Arndt made a motion to elect Dave Johnston for vice chairman. Seconded by
Mr. Kirchoff, the motion carried unanimously.
4. CONSENT AGENDA
a) Consideration of Minutes dated January 17, 2012
Mr. Arndt moved to approve the consent agenda as submitted. Seconded by Mr. Kirchoff. The
consent agenda was approved unanimously
5. PUBLIC HEARINGS
a) CONSIDERATION OF A ONE LOT PRELIMINARY AND FINAL PLAT OF DEPOT
MARKETPLACE SUBMITTED BY MILES SEPPELT, HUTCHINSON ECONOMIC
DEVELOPMENT AUTHORITY, APPLICANT
Chairman Lofdahl opened the hearing at 5:32 p.m. with the reading of publication #7919 as
published in the Hutchinson Leader on March 7, 2012.
Mr. Jochum reported the property is owned by the McLeod County Regional Rail Authority.
The applicant, Miles Seppelt, EDA, has submitted a preliminary and final plat for the relocation
of the railroad depot on the present site and a Farmer's Market pavilion to be located at 25
Adams Street S.E. He reminded the Commissioners the site plan for redevelopment of the
depot building and Farmers Market Pavilion was reviewed and approved by City Council on
January 24, 2012. He asked to act on the vacation of alley first. (refer to item b)
Mr. Jochum reported staff has no issues with the request to plat several lots into one lot. He
explained that combining all the lots into one lot is required to meet the standards of the zoning
ordinance. Platting and vacating the alley will clean up the area and allow for relocation of the
depot and construction of a pavilion and parking lot on the property. The plat will combined the
original several townsite lots to one new lot. Easements per the subdivision ordinance are
shown on the plat as required. He reported there is a transformer and fire hydrant located in the
boulevard on the northwest corner of the lot which may have to be relocated if a trail were to be
constructed along the site. Mr. Jochum commented on the two businesses to the south of the
plat and the need for easements to allow them to access their lot.
1�-CQ-)
Minutes
Planning Commission — March 20, 2012
Page 2
Brian Schmeling, Schmeling Oil, asked to verify the alley to be vacated is only the portion to the
north of his property. Mr. Jochum explained there must be a formal easement with Schmeling
Oil.
Staff recommends approval of the request with the following recommendations
1. The applicant shall record the final plat prior to issuance of any building permits for the
project.
2. Easements may be needed for water, sanitary sewer lines and the trail after construction. If
they are needed, it is the responsibility of the applicant to have the easements recorded.
3. The applicant will need to prepare a cross easement for ingress /egress to ensure Schmeling
Oil has access to their property through the proposed parking lot.
4. Moving or relocating utility services will be at the property owner's expense.
5. The proposed project must comply with the standards of the I/C zoning district and the
project will require a Conditional Use Permit.
Mr. Jochum reported there was no well found on the property. The first phase of the
environmental assessment has been completed. Discussion followed on the possibility of a well
on the property.
Miles Seppelt explained that Phase One of the environmental assessment did not indicate that
there was a well on the property in the past. Discussion followed on the present utilities on the
property. There are utilities stubbed to the property. There may have been a holding tank in the
past.
Mr. Kirchoff made a motion to close the hearing. Seconded by Mr. Arndt, the hearing closed at
5:43 p.m. Mr. Arndt made a motion to recommend approval of the request with staff
recommendations. Seconded by Ms. Hantge, the motion carried unanimously. Chairman
Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held
March 27, 2012, in the Council Chambers at 5:30 p.m.
b) CONSIDERATION OF A VACATION OF ALLEY LOCATED IN THE DEPOT MARKETPLACE
PLAT REQUESTED BY MILES SEPPELT, HUTCHINSON EDA, APPLICANT
Chairman Lofdahl opened the hearing at 5:34 p.m. with the reading of publication #7919 as
published in the Hutchinson Leader on March 7, 2012.
Mr. Jochum explained that vacating the alley will allow for relocation of the depot and
construction of the marketplace pavilion. No construction is allowed over a platted alley or
easement. He stated the alley has never been recognized as the depot was placed over the
alley.
Mr. Arndt made a motion to close the hearing. Seconded by Mr. Kirchoff, the hearing closed at
5:35 p.m. Mr. Kirchoff made a motion to recommend approval of the request to vacate the
portion of the alley located in the plat. Seconded by Mr. Norton, the motion carried unanimously.
Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their
meeting held March 27, 2012 in the Council Chambers at 5:30 p.m.
6. NEW BUSINESS - None
+ -(e-)
Minutes
Planning Commission — March 20, 2012
Page 3
OLD BUSINESS - None
8. COMMUNICATION FROM STAFF
a) COMPREHENSIVE PLAN UPDATE
Mr. Jochum commented on the progress of the Focus group meetings. He reported the
Transportation and Land Use groups are finishing up. He commented on the Future Land use
map and reported we are not showing growth areas outside the city limits. He stated
Development Staging may show outside the City limits. There will not be a lot of detail planning
for outside the City. He also reported on the Downtown redevelopment and Riverfront
redevelopment discussions. The transportation study is moving along. Many things have been
completed since the last study. He reported there will be a public meeting on transportation
issues next week. He commented on the Economic Development internal strategic planning
process. He stated we are on track for completion in late summer. Mr. Jochum stated he will
correspond with the townships by letter.
b) Mr. Jochum reported the Shoreland training workshops are May 10th at Brainerd. Let our office
know if you wish to attend.
9. ADJOURNMENT
There being no further business the meeting adjourned at 5:54 p.m.
1 2-CeJ