The URL can be used to link to this page

cp12-11-2012Council Workshop — 4: 00 p.m. —Future Projects and Funding AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 11, 2012 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Seventh Day Adventist 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 NOVEMBER 27, 2012 Action — Motion to approve as presented 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14068 — RESOLUTION SUPPORTING LOCAL DEPUTY REGISTRAR MAINTENANCE OF LOCAL DRIVER LICENSE AND STATE IDENTIFICATION SERVICES 2. ORDINANCE NO. 12 -699 — AN ORDINANCE AMENDING SECTION 31.28 OF THE HUTCHINSON CITY CODE — AIRPORT COMMISSION (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 12 -700 — AN ORDINANCE AMENDING SECTION 113.99 OF THE HUTCHINSON CITY CODE — TOBACCO REGULATIONS (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO CROW RIVER CUTTERS — NATIONAL WILD TURKEY FEDERATION ON FEBRUARY 9, 2013, AT CROW RIVER GOLF CLUB (c) CONSIDERATION FOR APPROVAL OF AMENDING ARTICLE I OF THE ARTICLES OF INCORPORATION OF HUTCHINSON HEALTH CARE RENAMING THE CORPORATION TO " HUTCHINSON HEALTH" (d) CONSIDERATION FOR APPROVAL OF ADOPTING AMENDED BYLAWS OF HUTCHINSON HEALTH CARE (e) CONSIDERATION FOR APPROVAL OF 2013 LICENSE RENEWALS CITY COUNCIL AGENDA —DECEMBER 11. 2012 (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 8. PUBLIC HEARINGS — 6:00 P.M. (a) TRUTH IN TAXATION HEARING No action. 9. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise policy. Always looking toward the future, not monitoring past) (a) DISCUSSION OF CROSSWALK FLAGS Action - 10. UNFINISHED BUSINESS (a) REVIEW OF PROPOSED CHANGES TO CITY ORDINANCE SECTION 90.01 —ICE AND SNOW ON PUBLIC SIDEWALKS AND TRAILS Action — 11. NEW BUSINESS (a) DISCUSSION OF RESIDENTIAL LEAF VACUUM SERVICE ANNUAL REPORT Action — (b) CONSIDERATION FOR APPROVAL OF ALLOCATING FUNDS FOR CENTER FOR THE ARTS AND PUBLIC ARTS COMMISSION Action — Motion to reject — Motion to approve 12. GOVERNANCE (Purpose: to assesspast organizationalperformance, developpolieythatguides the organization and Council an manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM NOVEMBER 6, 2012, AND DECEMBER 4, 2012 (b) HUTCHINSON UTILITIES COMMISSION MINUTES FROM OCTOBER 31, 2012 (c) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM NOVEMBER 5, 2012 13. MISCELLANEOUS 14. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 27, 2012 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION Father Zac Peterson, St. Anastasia Catholic Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Bill Arndt recognized the Hutchinson athletic teams and coaches for their hard work and dedication. He thanked those who traveled to the dome to support the Hutchinson football team. Council Member Arndt also recognized Mayor Steve Cook for taking the lead to get McLeod County, City of Hutchinson and the DNR to work together on a program. City Administrator Jeremy Carter thanked the Southwest Chapter Building Officials who created a scholarship for Lenny Rutledge, City of Hutchinson Building Official, to attend a conference. Mayor Steve Cook mentioned the Hutchinson signs coming into the city have all been refurbished and thanked those involved as this has been an effort from many organizations. 5. PUBLIC COMMENTS 6. MINU'T'ES (a) REGULAR MEETING OF NOVEMBER 13, 2012 Motion by Christensen, second by Arndt, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14067 — RESOLUTION ADOPTING 2013 FEE SCHEDULE 2. ORDINANCE NO. 12 -699 — AN ORDINANCE AMENDING SECTION 31.28 OF THE HUTCHINSON CITY CODE — AIRPORT COMMISSION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR DECEMBER 11, 2012) 3. ORDINANCE NO. 12 -700 — AN ORDINANCE AMENDING SECTION 113.99 OF THE IHTfCHINSON CITY CODE — TOBACCO REGULATIONS (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR DECEMBER 11, 2012) (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A 1974 MOBILE HOME, TO BE INSTALLED ON LOT 2, MCDONALD'S LAKEVIEW TERRACE, 1525 MCDONALD I CITY COUNCIL MINUTES —NOVEMBER 27, 2012 DRIVE SW WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14066) (c) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO HUTCHINSON THEATRE CO. ON NOVEMBER 30, 2012 (d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 6 — LETTING NO. 8, PROJECT NO. 12 -09 — LES KOUBA PARKWAY IMPROVEMENTS PHASE 2 (e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Items 7(a) 1 & 7(c) were pulled for separate discussion Motion by Arndt, second by Yost, to approve the consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(a) 1 had further discussion. Mayor Cook questioned why the Temporary Liquor License fee is proposed to double. Jeremy Carter, City Administrator, explained that the Temporary Liquor License fee should be higher than the 3.2 liquor license as there is more liability. Mayor Cook questioned the 'Temporary Liquor License four day allowance and inquired if any organization has needed the license for four days. Ile feels they would be buying three more days than what is typically needed. Mr. Carter agreed to look into the option of a daily license. Mr. Carter will come back with the amendment to the fee schedule in regards to the Temporary Liquor License. Motion by Yost, second by Arndt, to approve the 2013 Fee Schedule with the exception of the 'fcmporary Liquor License Fee. Motion carried unanimously. Item 7(c) had further discussion. Jeremy Carter, City Administrator, wanted the Council to be aware of the revised application. The application stated that no liquor would be served, however Zella's is contracted to provide liquor and this has been amended on the application. Hutchinson Theatre Company has general liability insurance coverage as required. Motion by Arndt, second by Christensen, to approve Item 7(c). Motion carried unanimously 8. PUBLIC HEARINGS 6:00 P.M. (a) REVIEW OF CITY OF HUTCHINSON 2013 BUDGET Jeremy Carter, City Administrator, presented before the Council. Mr. Carter briefed the Council on the 2013 budget. 'The same information will be presented in greater detail at the December 11, 2012, truth in taxation hearing which will be held at the City Council meeting. Mr. Carter stated the six areas focused on most are public safety, health and recreation, transportation, economic development, environment, and good government. The proposed budget has a 1.5 % increase. A major component of the city budget is salaries. The city has combined some positions and has not filled some of those that have retired; yet service has not been compromised. There is a debt management in place — staying within a solid business practice. City looks at a five year budget in trying to be proactive. The assumption is 0% levy going forward. Some major initiatives the city and staff are working on are the volunteer program which results in cost savings; the Fit City wellness program has been established to try to control internal costs with health insurance. The city is always looking at ways to cut costs by sharing or partnering with the county or state on projects. This allows expense reduction and doing projects better and more efficient. Council Member Yost would like for Mr. Carter to emphasize that about 39% of property taxes dollars goes to the city and even if there is a 0% levy; taxes go up because of the value of the home. Motion by Yost, second by Arndt, to close the public hearing. Motion carried unanimously. 20 CITY COUNCIL MINUTES — NOVEMBER 27, 2012 9. COMMUNICATIONS, REQUESTS AND PETITIONS IParrpose: to provide Council tivi11� information necessa y to craft Noise policy. llwa��s looking torovard the future, not monitoring past) 10. UNFINISHED BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 12 -698 - AN ORDINANCE AMENDING CHAPTER 95 PERTAINING TO PUBLIC PARKS (FIRST READING, SET SECOND READING AND ADOPTION) Motion by Czmowski, second by Arndt, to approve Item 10(a). Motion carried unanimously. 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ENTERING INTO AGREEMENT WH'I I DEPARTMENT OF NATURAL RESOURCES AND APPROPRIATING FUNDS FOR LUCE LINE TRAIL IMPROVEMENTS Mayor Cook briefed the audience on the agreement. This is a cooperative agreement between McLeod County, City of Hutchinson, Department of Natural Resources, Winsted and Silver Lake to improve the Luce Line Trail to make it more usable. Snowmobiling (with studs), horses and field crossing will be allowed. Mayor Cook believes this will be an asset to visitors coming to Hutchinson and this will help make our local economy stronger and diversify the community. This will be a high priority for the DNR to go to the legislature and the legislature wants to fund this project. $750,000 donation will come from the City of Hutchinson, McLeod County - $500,000, the DNR - $500,000, Winsted - $100,000 and Silver Lake still talking about a donation. The goal is to have the base done in 2013 and the paving with the bonding done in 2014. Gail Plaisance, Hutchinson resident and business owner, shared his concerns about the amount of money that is going to be spent on the trail. He is also concerned about the asphalt creating a bigger heat load and less square footage for the rain to soak into. He questioned if this is the best way to use the health and wellness dollars from the Hospital. Chester Kiekhafer, Hutchinson resident, shared his thoughts on Hutchinson already having paved trails as well as bike paths. He feels the money would be better spent on an indoor swimming pool. He doesn't see the economic impact on paving the Luce Line Trail. Lucas Runke, Hutchinson resident, believes the biggest use of the trail now is snowmobiling and horseback riding. He believes the city is trying to repurpose the trail by paving it. He doesn't see the economic impact and says the City of Hutchinson should not be compared to the metro. Runke has concerns that the black surface on the paved trail will cause the snow to stick less and melt faster. Connie Runke, Hutchinson resident, believes paving the trail is not wellness dimensional Alvin Bertram, owner of Fun Sports of Hutchinson, does not see the economic impact. He believes his business will see an economic loss. Roger Wersal, Hutchinson resident, would like to see the dollars spent in the city rather than outside. Wersal's son runs on the Hutchinson cross countr team and prefers to run on the natural terrain rather than on a paved trail. Wersal also reminded the Council that the Hutchinson Leader's survey shows a majority against paving the Luce Line Trail. Wersal stated if the Council passes the paving of the Luce Line, the Council is against constituents. Brett Kuttner, Hutchinson resident, is a cyclist and a snowmobiler. Kuttner believes the Luce Line Trail is a multi -use trail already and the runners, joggers and snowmobilers will not benefit, butjusi the fewbicyclists will. Kintner also believes that snowmobile rods and studs will tear up the pavement. Troy Elder, Hutchinson resident, questioned why ATV's are not able to us the trail. He feels he brings in revenue by registering his ATV, therefore should be allowed to use the trail. Elder believes an indoor /outdoor pool would be a better investment. R/ CI1Y COUNCIL MINUTES — NOVEMBER 27, 2012 Council Member Bill Arndt stated he believes the black top will stand up to snowmobilers. He sees people walking, biking and driving scooters on trails every day, he believes this IS health. He would like to see everyone share the trail and use the trail. Mayor Steve Cook shared that paving the trail allows everyone to be able to use the trail for their period of time He also advised Troy Elder that ATV use on State trails is prohibited by state law_ Council Member Chad Czmowski shared information from a study showed cycling tourism is second to hunting and fishing tourism. Council Member Czmowski asked residents to be patient to see the positive impact this could have on the City. George Jones, McLeod County Trail Administrator, asked that the Council keep the Snowmobile Club in the loop regarding the trail as the club would like to purchase a piece of equipment to help maintain the trail. Don DeMeyer, Hutchinson resident, stated he was in favor of paving the Luce Line Trail. He is a cyclist and feels the trail would be safer for him and his kids rather than riding on city streets. As he travels to other towns as a cyclist, he spends money at shops, restaurants or overnight establishments. He sees how this will be an economic impact on the city. Council Member Eric Yost has done lots of walking and biking on trails. He has seen anytime a trail comes into a city, money is spent and hearing some of the businesses not in favor of paving the trail is surprising to him. Council Member Mary Christensen is in favor of the paved trail as she sees people of all ages with strollers and scooters using the existing trails. She believes this will benefit more than just the bicyclists. Motion by Arndt, second by Cook, to approve entering into agreement with Department of Natural Resources and appropriating funds for Luce Line Trail improvements. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF AIRPORT AGRICULTURAL LAND LEASES John Olson, Public Works Manager presented before council. Mr. Olson advised the Council of two minor changes: Agricultural Lease Agreement (Area #2) page 3, section 8 and Agricultural Lease Agreement (Tesch) omit `The Tenant shall pay all costs related to farming the property, including the cost of plowing property back at the end of the lease.' Motion by Arndt, second by Yost, to approve consideration for approval of airport agricultural land leases. Motion carried unanimously. (c) REVIEW OF PROPOSED CHANGES TO CITY ORDINANCE CHAPTER 94— CEMETERIES John Olson, Public Works Manager, presented before the council. Regulations set by the veterans' administration were used while reviewing this ordinance. The areas addressed were definitions, lot ownerships and lot decorations. This is a large ordinance, with numerous proposed changes; more work will be done with this ordinance. (d) REVIEW OF PROPOSED CHANGES TO CITY ORDINANCE SECTION 90.01 —ICE AND SNOW ON PUBLIC SIDEWALKS AND TRAILS Kent Exner, City Engineer, presented before the council. Mr. Exner advised the Council that trail language to ice and snow on public sidewalks was added. Also, elaborating on the billing and the potential to assess the property owner. Mayor Cook requested verbiage regarding Council approval be made more clear. (e) REVIEW OF PROPOSED 2013 INFRASTRUCTURE PLAN PROJECTS LIST Kent Exner, City Engineer, presented before the council. Mr. Exner presented the proposed projects for 2013_ He stated the public hearing notices will be set to educate the community on the proposed projects. 10 C17YCOUNCI1, MINUTES — NOVEMBER 27, 2012 Council Member Arndt raised discussion regarding the proposed pond in Letting 13 -09. His concern is excavating a pond in a recreation area and losing two ball fields with the possibility of losing another ball field if the pool area ever expanded. Discussion was held in regards to the dirt use and keeping it in the city. Mr. Exner agreed to bring discussion to the next meeting. (f) REVIEW OF TRANSPORTATION PLAN UPDATE INFORMATION — PUBLIC INPUT QUESTIONNAIRE RESULTS, DRAFT MAPS AND TECHNICAL MEMO ITEMS Kent Exner presented before Council the Local Traffic Flow & Safety Questionnaire (2012). This information will also be shared at the Public Open House on Wednesday, November 28, 2012, at the Event Center. 12. GOVERNANCE (Purpose: toassesspastorganizationalperformance, developpolicythatguides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) CITY OF HUTCHINSON FINANCIAL REPORT FOR OCTOBER 2012 (b) CITY OF HUTCHINSON INVESTMENT REPORT FOR OCTOBER 2012 (c) CITY OF HUTCHINSON LOCAL SALES TAX UPDATE THROUGH SEPTEMBER 2012 (d) PLANNING COMMISSION MINUTES FROM OCTOBER 16.2012 13. MISCELLANEOUS Jeremy Carter — City Administrator Carter advised the Council of the City of Hutchinson Holiday Christmas Party on Friday, December 14, 2012, at the Event Center and requested the Council set this as a meeting. Motion by Arndt, second by Christensen, to set Friday, December 14, 2012 as a meeting. Motion carried unanimously. Mr. Carter also reminded the Council of a workshop set for December 11, 2012, to review the project list and what the City has for funding. Kent Exner — City Engineer Exner noted the Hwy 15 /CSAH 115 Roundabout presentation will be held at the Event Center on Thursday, December 6, 2012, at 6:00 p.m. The plan is to start this project in the spring after school gets out and finish before the McLeod County Fair. Steve Cook — Mayor Cook requested Council Member Eric Yost continue to be the City representative for the hospital and asked for the support of the Council. Motion by Christensen, second by Arndt, to have Council Member Eric Yost continue to be the City representative on the hospital board. Motion carried unanimously. Mayor Cook also commented on the trail discussion. He appreciated and welcomed the attendance. The Council, as a whole, has to look at the City and into the future. This is a great opportunity for the community. 14. ADJOURN Motion by Cook, second by Arndt, to adjourn at 8:53 p.m. Motion carried unanimously. 0 MEMO TO: Jeremy Carter / City Council FROM: Marilyn Hed —Motor Vehicle DATE: November 29, 2012 The resolution I am submitting is for our 2013 legislative session. Minnesota Deputy Registrar Association in September 2012 voted to ask for an increase for driver license fees. Currently we receive $5.00 and we are asking for this to be increased to $10.00. The processing time has increased with the new federal background triple check that is required on every license. Entering in medical information for commercial drivers, which carries additional liability risks, was previously the responsibility of the State but is now our responsibility. Minnesota statue specifically states that the filing fee shall cover all expenses. 1. Fifteen year record retention storage area. 2. Computer/ equipment replacement 3. Printing of previously supplied state forms. 4. Labor costs 'Ice) CITY OF HUTCHINSON RESOLUTION NO. 14068 RESOLUTION SUPPORTING LOCAL DEPUTY REGISTRAR MAINTENANCE OF LOCAL DRIVER LICENSE AND STATE I.D. SERVICES WHEREAS, the State of Minnesota has long established a public /private deputy registrar system to provide citizens convenient locations to conduct local driver license and title registration services for motor vehicles and DNR recreational vehicles; and, WHEREAS, the State of Minnesota in 1949 established a user service fee on motor vehicle related transactions to be retained by the deputy registrar to cover the costs of providing the local service; and, WHEREAS, a deputy registrar office is not subsidized by the State of Minnesota and relies solely on this user service fee revenue to maintain their office operation including all salaries, rent, equipment, utilities, and associated office costs; and, WHEREAS, the State of Minnesota has shifted increased costs and responsibilities for driver license transactions onto the deputy registrar such as regular replacement schedules of computers and associated electronic equipment, printing of previously supplied state forms, and expanded auditing tasks such as identification triple check and commercial driver medical forms which require additional time and carry additional risks and potential liability for agents that was previously the responsibility of the State; and, WHEREAS, the State of Minnesota requires a 15 year retention schedule of all driver license transaction documents in a secure storage facility at cost to the deputy; and, WHEREAS, Minnesota statute 171.061 subdivision 4(b) specifically states that the filing fee for driver license transactions by an agent "shall coverall expenses involved in receiving, accepting, or forwarding to the department the applications and fees requirecl'; and, WHEREAS, the user service fee that should fully support the cost for providing driver license transactions no longer covers the operational costs to maintain deputy registrar offices. Public deputy registrars must use property tax levy proceeds to subsidize this service. Rural areas with lower volumes are in jeopardy of losing this service; and, WHEREAS, the last user fee increase for driver license agents was enacted in 2005; NOW, THEREFORE, BE IT RESOLVED, the City of Hutchinson Minnesota supports the State Legislature in authorizing a user service fee increase in the year 2013 to maintain local driver license and state identification card service to the citizens of Minnesota. Adopted by the City Council this 11 day of December 2012, Jeremy J. Carter City Administrator Steve W. Cook Mayor -1(0-)l ORDINANCE NO. 12 -699 - AN ORDINANCE AMENDING SECTION 31.28 OF THE HUTCHINSON CITY CODE— AIRPORT COMMISSION The City Council hereby ordains that Section 31.28 of the Hutchinson City Code is amended as follows: § 31.28 AIRPORT COMMISSION. (A) Establishment and composition. An Airport Commission is hereby established. The Commission shall be composed of six members to serve staggered five -year terms, one of which shall be a member of the Council designated by the Council. O 'the Pka� n ng (B) Powers and duties. The Commission shall advise the Council in all matters dealing with the airport and its operation. It shall recommend an annual operating budget, report on the adequacy of facilities, recommend capital improvements and serve as a forum for others to express their views on subjects relating to the airport and its operation. ('89 Code, § 2.55) Adopted by the City Council this I V day of December, 2012. ATTEST: Jeremy J. Carter, City Administrator Steven W. Cook, Mayor ORDINANCE NO. 12 -700 - AN ORDINANCE AMENDING SECTION 113.99 OF THE HUTCHINSON CITY CODE — TOBACCO REGULA'T'IONS - PENALTY The City Council hereby ordains that Section 113.99 of the Hutchinson City Code is amended as follows § 113.99 PENALTY. (A) Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fine of $75 for a first violation of this chapter; $200 for a second offense at the same licensed premises within a 24 -month period; and $250 for a third or subsequent offense at the same location within a 24 -month period, as well as a lice nse sus pens io n for not less tha seven days. '^ addition after the hird offense the ^^ ; 1 1 be suspe for net less t i ce .. eie (B) Other individuals. Other individuals, other than minors regulated by division (C) of this section, found to be in violation of this chapter shall be charged an administrative fee of $50. (C) Minors. A minor found in unlawful possession of, or who unlawfully purchases or attempts to purchase, tobacco, tobacco products or tobacco - related devices shall, if a first time offense, be referred to a diversion program operated by appropriate city officials or, if a second or subsequent offense, be petitioned or ticketed into juvenile court as a petty offender and receive disposition as is authorized by law and appropriate for petty offenders. (D) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this chapter. (E) Smoke -free workplace regulations. (1) A violation of any provisions of §§ 113.20 et seq. shall be a petty misdemeanor for the first offense. Any additional violation of §§ 113.20 et seq. shall be a misdemeanor. Each day of violation constitutes a separate offense. (2) Violation of any provision of §§ 113.20 et seq. by a licensee shall be adequate ground for the denial, refusal to renew, suspension or revocation of any food, liquor or other business license. (F) Generally. Whoever violates any provision of this chapter for which no other penalty has been established shall be punished as provided in § 10.99 of this code. ('89 Code, § 6.21) (Ord. 98 -220, passed 4- 14 -98; Am. Ord. 06 -0449, passed L2 26 -06; Am. Ord. 07- 0487, passed 12- 11 -07) Adopted by the City Council this 1 I" day of December, 2012. ATTEST: Jeremy J. Carter, City Administrator Steven W. Cook, Mayor -1 (cc 3 City of I I1 Hassan Street Southeast Hutchinson, btN 55350 (320) 587 -5151 Pax: (320) 2344240 { 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 A lication Type ef Short Term Date(s) I r b , $' y' 1 :7,, ' '/ ' 2 - 0i $ Fee: $30.00 MonthlD /Year - Nfonth/DaytYear Or anization Information /Z 0 t Vez- O I ffetc5 - 320 Name Phone Number honeN beer Vic. ka `7 f3Arc8 F',2� l( u c �f�So, A � � Mh > S - 3�'c> Ad ess where regular meeting are held City State Zip Day and time of meetings? "� � M c a.a x�p.. �-' N7C • , r — 7 '. C c Is this organization organized under the laws of the State of Minnesota? .dyes ❑ no How long has the organization been in existence? I Y y , How may members in the organization? ! ? S What is the purpose of the organization? C2 e 5 i ' ; z v e_ fr(e G�, l c T I 'Jc ('-X f &, � u i In whose custody will organization records be kept? Name Phone Number l� ?y2 9 /fo / MN 5 3 ,3, Z; - -- Address City State Zip 11 Duly Authorized Officer of the Organization Information II e Phone Number ��`1 `rl OCS / }oc /U 5 .. . Residence Address City State Zip Date of Birth: C? / / /L: / ! `/ �,� Place of Birth: / - "� � z. <P6 Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes '4 no If yes, explain: j 1 09) City ofHulchinson Applicationfor Gambling Devices License Page 2 of 3 Designated Gambling Manager (Q ualified under Minnesota Statute §329) nee Name Phone Number �> � `7CS� J �t az Residence Address City State Zip Date of Birth. v i / zC / jy�/j Place of Birth: Jlf /,;v.��.cl�ml�� '� Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes /`no If yes, explain: How long have you been a member of the organization? Game Information Location 41 1 �C,'/e,z (_e«�.,�,z.�, 7 Name of location where game will be played Phone .Number �l S 0-GJo"L'i `l U b Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: Pell v 2 a ; 3 through 2 di �AIv AM Hours of the day gambling devices will be used: From 5`' C 2._r To G 1t 1 i Maximum number of player: % 5' Q Will prizes be paid in money or merchandise? ❑ money 'W merchandise Will refreshments be served during the time the gambling devices will be used? 4 yes ❑ no If yes, will a charge be made for such refreshments? a 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? Cl yes ❑ no 7(b) City of Hutchinson Application far Gambling Devices License Page 3 of 3 Officers of the Organization (i necessa , list additional names on separate sheet) list additional names on separate sheet Name Title Residence Address J P- cy State t Name 13'ame j S l / N c A =Pwn Title Title Residence Address Name Residence Address " esidencc Address City State Zip r 1"'44 ��c i�.G e-7 � �j - }'i:: r <; c. r•_ r- � S ame ITitle Residence Address City State Zip k e" r 2e.A r•= Name Title ef J AA M/v Residence Address City State - ZI P Officers or Other Persons Paid for Services Information (if necessary, list additional names on separate sheet Name Title Residence Address City State Zip Name Title Residence Address Name Residence Address City City State Title State Zip zi 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 yes ❑ no Authorized Officer ,,yes ❑ no 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. Signature of authorized officer o grganization Date n Signature ofgambling manager of6rganization Date Use City Council ❑ approved ❑ denied Notes: 7C0 MEMORANDUM To: Hutchinson City Council Members From: City Attorney Marc A. Sebora Re: Consent Agenda- approval of amending article 1 of the articles of incorporation of Hutchinson Health Care renaming the corporation to "Hutchinson Health" As you are aware, Hutchinson Health Care is continuing its process of integration with the Hutchinson Medical Center. As part of this process, the new integrated entity will be known by a new corporate name; "Hutchinson Health" Because of this corporate name change, the bylaws of the corporation needed to be changed to reflect the new name. The bylaws also require changes to the bylaws to be approved by the city. Therefore, the city needs to give its formal approval to the name change from "Hutchinson Health Care" to "Hutchinson Health" It is my recommendation to you to approve the name change. If you have questions concerning this, please contact me. -7( (-) l UTC HINSON I kAL'I'11 CAR I; Secretary's (erOlicale Thee undersigned, N 9._ZCK) _ _, does hcicby certily as Ibllows: (i) We is the duly elected, qualified, and acting Scerctnry of Mitchinson Health Care ([he Corporation); and (ii) the resolution below to amend Article I of the Corporation's Articles of Incorporation was appromned by at least two-thirds of the total numher of authorized directors, in accordance with Section 2.7 or we Corporation's Bom , at a duly held meeting of the Board convened at Hutchinson health Care on September 18, 2012. Article f orthe Articles orineorporation of I hnchinson I lealth Care is deleted and the rollowing inserted instead: "ARTIC'LI? I The manic of ibis corporation shall be: I lutchinson Health" the amendment may now he presented to the sole Member, City of I lutchinson, IMinncsota, for its approval in accordance with Section 82 of the Corporation's Bylaws. Name: _ _ l 1V (J 4X72) Signature: Date: Yrrm! h. kuon n loom iot1 praperf� nnnre. 'I(c) SECOND AMENDED AND RESTATED BYLAWS OF HUTCHINSON HEALTH CARE PREAMBLE Hutchinson Health Care (the "corporation ") is a nonprofit health care corporation, including a hospital, nursing home, and clinic, organized under the laws of the State of Minnesota. the mission ( "Mission ") of H t.:t so r h � �4 - =� ethe corporation is to promote health and provide care alternatives to our community." I he Board of Directors of 1 t e h ^ ^n Health C4r -ethe corporation is responsible for the quality of care rendered by the corporation and must accept and discharge this responsibility to do all that is necessary to fulfill the corporation's obligation to its patients, clients, and residents. laas ree ernmended that a a nd A o f th City o f H t fl Minnesota . ith resp�. eo3 nr.�b., Ago !':r. $., .. y t i °eCtii- 'r'cP-lr.. a nd o +'f Cie f the h T flc de& rt'sii4e in th ..0 C7 ,t C l ,.., n it., H oil ceftaifi aspects of its missioti, +Le cerpora`eB has provided for certain rights to be exer-eise b b i A! the time of adeptien of these Restatel n"] s, 1 $' i The corporation defines its fundamental nature ( "Fundamental Nature ") as an independent private health care provider, providing a reasonable range of acute care and outpatient hospital services and clinic services. DIRECTORS SECTION 1.1 Number and method of election The Board of Directors of this corporation shall consist of an odd number of no fewer than seven (7) and no more than eleven (11) persons, and, subject to such limitation, the number of members of the Board of Directors shall be such as may be designated from time to time by the Board of Directors. M embers of the Board o# Iln cre shall be one (1) City Director and an equal number of Physician Directors and Community Di rector's each as defined below. Each cateaory of directors shall be elected or appointed as set forth below subject to the limitations in Section 12 and in accordance with the nominations process described in Section 4.5 of these Bylaws. -7(J) (a) 4 pp: , !,te I D' 1 M- S. Within th Beard s ize _ ....__ ter e fro to t ime by their Bo ar d , ors ,. ie stit .'t, •.frh.� ,.r „I v�oa�c, �i�c �cr�bc�c �zcnrrb�r - vi ¢n ,• t"•� •: �L.'.. L. n iflm n UMbeF^ Tzcd d i rl-'etofs City Director. The City Director shall be appointed by the City Council of the City of Hutchinson, Minnesota (the "City Council "). xr..., ai-e th t., o (2) „r ,nh appx4�. person may concurrently serve as ;nembersa member of the City Council but may no be a member of the hospital's medi staff Physician Directors The Physician Directors shall be appointed by Hutchinson Medi Center, P.A. ( ). These persons need not be physicians. c) Communitv Directors. The Community Directors shall be elected by the Board of Directors of this comoration at the annual meeting of this corporation The majority of the Co mmunity Directors shall be residents of the hospital's Geographic Service Area at the time of e lection, and of those, at least one director shall be a resident of the Citv. The Geographic Service Area shall mean the area composed of the lowest number of continuous zip codes from which the hosp ital draws at least 75 perce o f its inpatients during the previous fiscal near. A Community D irector may not be a member of the hospital's medical staff. (bd) Ex Officio Director There shall be one (1) Ex Officio Director, who shall be the physician serving from time to time as the Chief of the Medical Staff of the Hospi ital. The Ex Officio Director shall not have voting rights. An Ex Officio Director may simultaneously serve as a voting Physi cian Director if appointed or elected as such e.am� -s5R1� eemESa7 LRSSlmi�.s�7R7alISE�l:IJ�1�i. SECTION 1.2 Board Composition The composition of the Board of Directors is subject to the following limitations: (a) Credentialed practitioners At any given time, no- R+&F -eless than one- thirdhalf of the ti- ti - directors may be health care professionals Credentialed to provide services at the T�p4a} hospital or any other health care facility owned by this corporation. (b) Directors of other systems At any given time, a majority of the voting directors of this corporation shall be persons who are neither: (i) directors of any other health care providers or health care systems residing outside the Mot,*talhospitat Geographic Service Area; nor (ii) directors of any single health care provider or health care system. (c) Employees No employee of this corporation shall be a member of the Board of Directors; provided, however, that this requirement shall not apply to health care professionals -2- ,(a) credentialed to provide services at the Haspitalhospital or any other health care facility owned by this corporation. SECTION 1.3 Terms Except as otherwise provided in Section 1.1, each director of this corporation other than the Ex Officio Director shall be elected or appointed to serve for a term of three years, and, unless the Board of Directors has determined that a successor will not be elected or appointed, until his or her successor has assumed office; or until the director's prior death, resignation or removal. °^^"i vDirectors (other than the Ex Officio Director -and Ap —,$ are limited to serving # three consecutive terms. The term of office of the Ex Officio Director shall be coterminous with his or her term as Chief of the ''hospital Medical Staff. The Board of Directors shall each be divided into three classes as nearly equal in number and category as possible, so that the terms of office of approximately one - third of the Community Directors and appro-J. Ay 0110 third of !"4 e App rectors shall expire each year. SECTION 1.4 Compensation Directors shall not receive compensation for their service as directors; provided, however, that this corporation may reimburse directors for reasonable and necessary expenses incurred while performing the duties of a director. SECTION 1.5 Removal; resignation; vacancies Any director may at any time be removed with or without cause by the Board of Directors; provided, however, that an^^ ^ mes Citv Director may be removed by the Board of Directors only for cause by the affirmative vote of two- thirds of the directors of this corporation. For purposes of the foregoing sentence, "cause" shall mean breach of fiduciary duty. A++,kppei+tted City Director may also be removed with or without cause by the City Council. Following notice and prior to approval of any proposed action falling within Subsections 2.7(c) or (in), a Physician Director may also be removed with or without cau by HMC upon the affirmative vote of 75 percent or more of its shareholders and full -time physicians who have been employed by HMC for at least two (2) ears prior to such vote. Any director may resign at any time by giving written notice to the Chair or the Secretary. The resignation shall be effective without acceptance when the notice is received by the Chair or the Secretary, unless a later effective date is specified in the notice. Any vacancy occurring because of the death, resignation or removal of a Community Director may be filled by a person elected by the Board of Directors for the unexpired term of such director pfe led "^ A ° requirement eornplies with the .. Any vacancy occurring because of the death, resignation or removal of an7Appe4rited City Director m 1'h sician Director shall be filled by a person appointed by the City Council or HMC, respectively which shall fill the vacancy within 60 days following the date the vacancy occurs. Any vacancy resulting frain an inerease in the number of ceffifflunitN Directers rflaN be filled by a person ' °'" '' °° ' '' c {'� All directors elected or appointed to till any such vacancies shall c omply with the requirements of Section 1.1 and Section 1. of these Bylaws MEE "PINGS OF THE, BOARD OF DIRECTORS SECTION 2.1 Annual meeting The annual meeting of the Board of Directors for the purpose of electing Community Directors and officers and transacting such other business as -3- I Cd) may properly come before the meeting shall be held in the City at the time and place designated from time to time by the Board of Directors, provided that, by unanimous action of the Board of Directors, another place of meeting within the State of Minnesota may be designated. SECTION 2.2 Other meetings Other meetings of the Board of Directors may be held at such time and place as are announced at a previous meeting of the Board of Directors, however the Board of Directors shall meet at least quarterly. The annual meeting serves as a quarterly meeting. Meetings of the Board of Directors may also be called at any time (a) by the Chair, (b) by the Board of Directors, or (c) upon the request of three or more members of the Board of Directors. Anyone entitled to call a meeting of the Board of Directors may make a written request to the Secretary to call the meeting, and the Secretary shall give notice of the meeting, setting forth the time and place thereof, to be held between two and thirty days after receiving the request. If the Secretary fails to give notice of the meeting within seven days from the day on which the request was made, the person or persons who requested the meeting may fix the time and place of the meeting and give notice in the manner hereinafter provided. SEChION 2.3 Notice of meetings Notice of each meeting of the Board of Directors for which notice is required, and of each annual meeting, stating the time and place thereof, shall be given to all directors by electronic communication or in person at least two days before the meeting, or shall be mailed to each director at least five days before the meeting. A director may be given notice by electronic communication only if the director has previously consented to receive notice in such form of electronic communication. All such notices not given in person shall be sent to the director at his or her postal or electronic address according to the latest available records of this corporation. Any director may waive notice of a meeting before, at or after the meeting, orally, in writing, by electronic communication, or by attendance. Attendance at a meeting is deemed a waiver unless the director objects at the beginning of the meeting to the transaction of business because the meeting is not lawfully called or convened and the director does not participate in the meeting. SECTION 2.4 Quorum and voting Except as provided otherwise by law, these Bylaws, or by policies approved by the Board of Directors, a majority vote of the directors present at any meeting where there is a quorum shrill be sufficient to transact any business. (a) Quorum generally. Except as provided in Section 2.4(d) the presence of at least a majority of the members of the Board of Directors shall constitute a quorum at any meeting thereof. provi th at l eas t one n .. t „a mi .ter i s presen The directors present at any meeting, although less than a quorum, may adjourn the meeting from time to time. If a quorum is present when a duly called meeting is convened, the directors present may continue to transact business until adjournment, even though the withdrawal of one or more directors leaves less than the number otherwise required for a quorum. (b) Voting generally. At all meetings of the Board of Directors, each director shall be entitled epermitted by law and these Bylaws to vote on any question coming before the meeting ^ inajariiy • of . ,.+ the directors . o.,t a t m€ � a queFu shall be s uffi c i e nt to tf ansaet , b us i ness, un less -4- ,J(J) shall be entitled to cast one vote A director shall not appoint a proxy for himself or herself or vote by proxy at a meeting of the Board of Directors. (C Assent deemed. For purposes of detennining whether a director has met his or her fiduciary duties as a director, but for no other purpose, a director who is present at meeting of the Board of Directors when an action is approved by the Board of Directors is presumed to have assented to the action unless the director votes against the action or is prohibited from voting on the action. d) Class voti related to PSA. Notwithstanding anv other provision of these Bvlaws onto the class of directors consisting of the City Director and the Community Directors (the "PSA Class ") shall be entitled to vote on actions relating to the com pensation, term. termination or enforcement of that certain Professional Services Agreement entered into between the corporation and HMC as may be renewed or amended from time to time The presence of at least a majority ofthe members of the PSA Class shalt constitute a quorum when voting on actions go verned by this Subsection. This Subsection shall not be construed to limit the Board's application of any other conflict of interest policies or principles SECTION 2.5 Action without a meeting Any With the exception of actions governed by Subsection 2.4(d), any action that could be taken at a meeting of the Board of Directors may be taken by written action signed by all of the directors. Actions governed by S ubsection 2.4(d) may be taken by written action signed by all members of the PSA Class SECTION 2.6 Meetings held using remote communication A director may participate in a meeting of the Board of Directors by means of conference telephone or, if authorized by the Board of Directors, by such other means of remote communication, in each case through which that director, other directors so participating, and all directors physically present at the meeting may communicate with each other on a substantially simultaneous basis. Participation in a meeting by remote communication constitutes presence at the meeting. SECTION 2.7 Actions Subject to Supermajority Approval The following proposed actions shall require at least fourteen (14) days advance written notice to all directors and the approval of at least hHik ..,.. „ 1„ .,� Ahree- quarters of the total number of directors authorized to vote: (a) Amendments to the Articles of Incorporation of this corporation. (b) Amendments to the Mission and Fundamental Nature of the corporation as defined in the Preamble, and amendments to Sections 1.1, 1.2, 1.4, 1.5, 2.4, 2.5, 2.7, 4. 1, 4.2, 43, d. ^ v ° 4 y.^ Q.� �. 4.4 or 4.5 of these Bylaws , gig kxhibit,li in accordance with Section 7.3 of these Bylaws. -5- 14) (c) Merger, consolidation, liquidation, dissolution, or sale or lease, or other transfer, or mortgage or other grant of a security interest, of or in, all or substantially all of the assets of this corporation, provided that nothing herein is intended to restrict the ability o£ the corporation to mortgage, grant a security interest or otherwise encumber as collateral or security for debt held by an institutional lender or bond trustee all or any part of the corporation's assets in the ordinary course of business financing transactions where the proceeds of such transactions are used to support the corporation's health care operations. (d) Any subleases or assignments which if executed would bring the aggregate of subleased or assigned space to a percentage of 30% or more of the space identified with or referenced in the corporation's hospital license (provided, however, that space associated with leases or assignments in which the services provided in such space or spaces are "provider -based services" billed by and in the name of this corporation under applicable Medicare statutes and regulations as in effect from time to time shall not be deemed a lease or assignment for purposes of this limitation). (e) Closure of the 14ospital (t) Contributions of cash or cash - equivalents that in the aggregate exceed 1.5 percent of the net income of the corporation during any fiscal year to any person(s) or entit(ies) without receipt of fair market value consideration in return; provided, however, that such contributions shall be made for the charitable purposes described in Section 501(c)(3) of the Internal Revenue Code (" IRC ") and shall be in furtherance of the corporation's health care mission; and provided further that this provision shall not prohibit: (1) the provision of free or reduced price medical care in accordance with the lhospital charity care /community benefit policies or payor agreements; (2) payment of recruitment incentives to physicians and other health care practitioners provided in accordance with the applicable policies of this corporation; or (3) donations of used equipment or supplies to a governmental entity or nonprofit organization exempt from income tax under IRC Section 501(c)(3). (g) A dd addi4ii4nal mere ers or ^"°^`' additiEmia Conferring any member rights in the corporation (h) Any action(s) the result of which would cause this corporation to fall outside the definition of the Fundamental Nature of the corporation, or a transfer of assets to a joint venture in which this corporation is a participant (whether or not controlled), the result of which would be that this corporation would no longer directly meet the Fundamental Nature definition. (i) Transfer of assets to an entity wholly owned or wholly controlled by this corporation (unless such wholly owned or controlled entity gives to the City the same director appointment en ice and other rights as the City possesses -6- with respect to this corporation, in which case, such transfer will require in any event a supermajority approval). (j) Transfer of assets to an entity wholly owned or wholly controlled by this corporation, in which the City has the same director appointment fflcf,�hT and other rights as the City possesses with respect to this corporation. (k) Transfer of assets to ajoint venture in which this corporation is a participant (whether or not controlled). (1) Closure of Emergency Room or transfer of nursing home. (m) Entering into a management agreement with a third party, other than the manager as of the date of approval of these Bylaws, covering the day -to -day operations of all or substantially all of the DeSBtt hospital and /or nursing home owned by this corporation. (n De shoa a `ho4ward- r„'Direetors choose to use �')(o )Delegation of authority to the Executive Committee to approve specific transactions identified in Section 4.3(e). Notw ithstandin ' , the foregoing_ before aonroving any of the actions listed in subsections (a through (i) of this Section, the Board of Directors shall determine whether such action complies with the comoration's obligations under that certain Lease and Agreement between the City and the coruorat on effective as of December 31 2007 including_ anv amendments thereto (the "Lease "), to the extent that such Lease remains in effect OFFICERS SECTION 3.1 Designation and term The officers of this corporation shall include a Chair, a Vice Chair. a Secretary, a Treasurer, and a President. Officers other than the President shall be elected by the Board of Directors to serve for terms of one year and until their respective successors are elected and have qualified. The President shall serve at the pleasure of the Board of Directors. Any officer may at any time be removed by the Board of Directors with or without cause. Any officer may resign at any time by giving written notice to the Chair or the Secretary. the resignation shall be effective without acceptance when the notice is received by the Chair or the Secretary, unless a later effective date is specified in the notice. 'The same person may hold more than one office at the same time, except the offices of (a) Chair and Vice Chair and (b) Chair and Secretary. The officers, except the Chair and Vice Chair, need not be directors of this corporation. SECTION 3.2 Chair The Chair shall, when present, preside at meetings of the Board of Directors, and shall perform such other duties as are prescribed by the Board of Directors. The Chair shall not also be the President. -7- C ,A SECT ION 3.3 Vice Chair During the absence or disability of the Chair, it shall be the duty of the Vice Chair to perform the duties of the Chair. SECTION 3.4 Secretary The Secretary shall perform or properly delegate and oversee the performance of the following duties: (a) keep accurate minutes of all meetings of the Board of Directors and of the members; (b) be responsible for the custody of the records, documents and papers of this corporation; and (c) keep proper records of all transactions of this corporation. The Secretary shall have and may exercise any and all other powers and duties pertaining by taw, regulation or practice to the office of Secretary, or imposed by these Bylaws. SECTION 3.5 'Treasurer The "treasurer shall perform or properly delegate and oversee the performance of the following duties: (a) keep accurate financial records of this corporation; (b) deposit money, drafts, and checks in the name of and to the credit of this corporation in the banks and depositories designated by the Board of Directors; (c) endorse for deposit notes, checks, and drafts received by this corporation as ordered by the Board of Directors, making proper vouchers for the deposit; (d) disburse corporate funds and issue checks and drafts in the name of the corporation, as ordered by the Board of Directors; and (e) upon request, provide the Chair and the Board of Directors an account of transactions of this corporation and of the Financial condition of this corporation. 'I he Treasurer shall have and may exercise any and all other powers and duties pertaining by law, regulation or practice to the office of Treasurer, or imposed by these Bylaws. SEC'lION 3.6 President The President shall be the chief executive officer of this corporation. Ile or she shall: (a) have general active management of the business of this corporation; (b) sec that orders and resolutions of the Board of Directors are carried into effect; and (c) have the authority to sign and deliver in the name of this corporation deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of this corporation, except in cases in which the authority to sign and deliver is required by law to be exercised by another person or is expressly delegated by the Articles of Incorporation, the Bylaws or the Board of Directors exclusively to one or more other persons. SECTION 3.7 Additional powers Any officer of this corporation, in addition to the powers conferred upon him or her by these Bylaws, shall have such powers and perform such additional duties as may be prescribed from time to time by the Board of Directors. COMMITTEES SECTION 4.1 Committee This corporation shall not have committees unless formed by or with the approval of the Board of Directors. No committee shall have the authority of the Board of Directors, except as provided in Section 4.2 of these Bylaws regarding the Fxccutive Committee. The Board of Directors may establish advisory committees, the members of which shall be appointed by the Board of Directors or, if expressly authorized by the Board of Directors, by the Chair. Each committee shall at all times be subject to the control and direction of the Board of Directors. Except as otherwise provided in these Bylaws, committee members need not be directors. -K- 7CC O SECTION 4.2 Executive Committee There shall be an Executive Committee consisting of the Chair, Vice Chair, Secretary and Treasurer. if none o f these is a n Appointed D+FeC4m a Fd- s4a4 --kaet $ }.a"c4ite-d Pirecloff to, sel a avotin member el'th } —The President shall serve as an ex officio non- voting member of the committee. The Chair of this corporation shall be the chair of the Executive Committee. The Executive Committee shall have the authority of the Board of Directors in the management of the business of this corporation in the interval between meetings of the Board of Directors, provided, however, that the lxecutive Committee shall not have authority to act on any matter described in Section 2.7 of these Bylaws or matters listed in Section 4.3 below, except as specifically provided in Section 43(e) and Section 2.7(on). The presence of all the members of the Executive Committee shall constitute a quorum at any meeting thereof, but the committee members present at any meeting, although less than a quorum, may adjourn the meeting from time to time. SECTION 4.3 Prohibited Actions Notwithstanding any provision of these Bylaws apparently to the contrary, the Executive Committee shall not have the authority to take any of the following actions: (a) Amend or repeal the Articles of Incorporation or Bylaws of this corporation; (b) Elect, appoint, or remove any member of the Board of Directors or the Executive Committee, or any officer of this corporation; (c) Adopt or approve a plan of merger or consolidation with another corporation; (d) Authorize the sale, lease, exchange, mortgage or other disposition of all or substantially all the assets of this corporation; (e) Authorize the sale, lease, exchange, mortgage or other disposition of the assets of this corporation in the ordinary course of business, unless the Board of Directors has by resolution approved such delegation as provided in Section 2.7(en) and such resolution references both the specific transaction and the specific assets for which authority is delegated; (f) Authorize the voluntary dissolution of the corporation or revoke proceedings therct'o : or (g) Amend or repeat any resolution of the Board of Directors. SECTION 4.4 Audit/Compliance Committee There shall be an Audit/Compliance Committee consisting of the Treasurer, who shall be the chair of the committee, twat least one other director -44i ali be ^ *' ° ^ ^* ^ ^ ^ ^ ^ = ^t� Tr . and at least one non - director member with expertise in the areas of finance or consumer advocacy_ The Audit/Complianec Committee shall (a) review this corporation's financial matters and report on them to the Board of Directors, (b) recommend independent auditors for approval by the Board of Directors, and (c) review this corporation's compliance program, including matters -9- . (C relating to charity care, discounts and collections and report on the program to the Board of Directors. SEC PION 4.5 Governance Committee There shall be a Governance Committee consisting of three-o more ..t le e Appointed Direct,,,. a nd the t +umher of two Community Directors shal e o exce the n u mb e r „r A... ointed Dmeetrrs the Cit Director a iA one Physician Dir ector. The Governance Committee shall nominate individuals to serve as Community Directors and officers of this corporation, shall supply criteria and desired competencies, may suggest candidates to the City for A... e i n t e d Di posm-ortsand HMC fo their respec ve aplointmeIns and shall have such other duties as the Board of Directors shall determine from time to time. The corporation is committed to maintaining a Board having diverse competencies, aimed at effective oversight of the health care enterprise. The Governance Committee shall periodically review and recommend to the Board the general and special competencies that should be reflected in Board membership and create, manage and regularly review a hst of potential board members from which a slate of candidates for Board of Director vacancies can he developed (the "Candidate List "). FerU h enever vacancies in A ppointed D i r ec tor posiIien director position arise the Governance Committee will forward to the City (in the case of a Citv Director vacancy), HMC (in the case o Director vacancies) or the Board (in the case of Community Director vacancies the Board's most recently adopted competency based board criteria, identify the special competencies with respect to which the Governance Committee believes the current Board has gaps, and list those candidates from the Committee's Candidate List who would comply, in the Committee's judgment, with the criteria, given the competencies of the other current Board members. In making +ts their respective appointments, the City HMC or Board (as the case may be) wi I I review the corporation's board criteria, the special competency gaps and consider names forwarded, if any, by the Governance Committee, but shall be free to appoint whomever the City - l et ,. ^^ Re F .. ieieS in C ommun i t y D:, e t,. r pos th Goa tt i ttee- will -i denti €v-i -I foFward to the Board the special competencies wit respe etto o b yes th .,t Board has g a ps. a nd list th C List w `. o w c in the /' ffiHi e ' s judgme 4,-N recent co 'Y" • ba bo erite t E in H t. ) n t th " 9 Rip etenc, i c's A mem T fil in g vacanc f C Board p sit'. t1 w, Ar dl .ill rev the c r ati on ' s b c rite r i a the -I ,. t1..,.,. gaps ,,• dim - i t1iTN}� -S- ei zT� J 7 h G ovei - nanee C omm it tee, h a t s h a ll b e y' � ^ l � HMC or the Board determines. SEC I ION 4.6 Meetings and votin, Meetings of each advisory committee shall be called and held in accordance with the provisions of Sections 2.2 to 2.6 of these Bylaws as they apply to meetings oCthe Board of Directors. INDEMNIFICATION SECTION 5.1 Indemnification This corporation shall indemnify its directors, officers, committee members, and employees against such expenses and liabilities, in such manner, under such circumstances, and to such extent, as required or permitted by Minnesota -10- -70) Statutes, Section 317A.521, subd. 2, as amended from time to time, or as required by other provisions of law; provided, however, that no indemnification shall be made with respect to any claim, issue or matter as to which the person shall be adjudged to be liable to this corporation. S1'CTION 5.2 Advances This corporation shall advance expenses in such manner, under such circumstances, and to such extent, as required or permitted by Minnesota Statutes, Section 317A.521, subd. 3, as amended from time to time; provided, however, that this corporation shall not advance expenses incurred in defense of a claim brought by or in the right of this corporation or expenses incurred in pursuing a claim against this corporation. The provisions of this Section are not intended to limit the ability of a person to receive advances as an insured under an insurance policy maintained by this corporation. SEC !]ON 5.3 Insurance This corporation may purchase and maintain insurance on behalf of any person who is or was a director, officer, committee member, or employee against any liability asserted against and incurred by such person in or arising from such capacity, whether or not this corporation would otherwise be required to indemnify the person against the liability. 'l(00 MEDICAL. STAFF SECTION 6.1 Aut hority . In accordance with applicable law, the Board of Directors shall have the ultimate authority to determine the categories of practitioners eligible and criteria for appointment to the medical staffs of facilities operated by the corporation. The Board of Directors shall have final authority on all matters involving medical staff membership, clinical privileges and corrective action after consideration of the medical staff's recommendations; provided, however, that the Board of Directors may act in any event in which the medical staff fails to adopt and submit such recommendations within the time frame set forth in the medical staff bylaws and any supporting documents. SECTION 6.2 Delegation Subject to the ultimate authority of the Board as set forth in Section 6.1 of these Bylaws and in accordance with legal and accreditation requirements, the Board of Directors has authority to delegate to the medical staffs of the facilities operated by the corporation the responsibility for monitoring and ensuring the quality of care provided in such facilities, making recommendations concerning applications for appointment and reappointment to the medical staff and clinical privileges, and such other matters as the Board of Directors in its discretion deems aperopriatc. MISCELI ANEOUS SE( I ION 7.1 Fiscal year Unless otherwise fixed by the Board of Directors, the fiscal year of this corporation shall begin on January 1 and end on the succeeding December 31. SEC "PION 7.2 Corporate seal This corporation shall have no seal. SECTION 73 Amendments The Bylaws of this corporation may be amended only as provided in this Section 7.3. (a) 'the Board of Directors may amend the Sections of the Bylaws listed in Section 2.7(b) of these Bylaws by the approval of at least two ariFFthree- quarters of all directors of this corporation as provided in Section 2.7, previded. howeVeF, that no sue shall be th .,. p .. 1 F th rrteinber2.7. (b ) o f a t�lo s t r.. �t4v+rls o f a ll .l: Be .,F+h: sorpi>r rt orra prokidl +rr -S :;;, 2.7 f tl.ese B Via Sections of the y Bylaws other than those listed in Section 2.7(b) above may be amended by the affirmative vote of a majority of the directors present at a meeting of the Board of Directors at which a quorum is present. The voting .;zemberCity shall be notified of any such amendments, but such amendments shall be immediately effective regardless of notice and without approval by the voting mr hang mern bcr° 1 R thesc ed r - y - -12- (d ) Neiv, c o me un ilate r ally ame '� _ ofth. R. 1, oj4his c th an) 4t t Il owi e v e nts' !:A upon 4112-1- e?aSe "e'ltiEfl-t col - PO Fatio n a nd the City eBFeeth De ^emb r 3 1 7(1M rh „ r C- th - rh.. ,lt .,F +' the pur t� rrn�. lfk�reasBR -(a 0, P1 ien- , e H ti e e M nl' ^.,ee by th:^ ^ - -1; ,, `et f 4 c,,,ti B G of P of Exhibit A atta El to t}}CS@� �S kthe e �T rat.on of the cure per i od a- , prov ided f ,. suet- Opelatt b > a atr€# 'gi p,..,; ea +",t the C ,;, NNith-in tlie stated i bucl . on", o 4F in exercise i amendmen rig- hts:- -o iii)t Board of'Di ,ecters,v ote s t undertake a described in ti cse Byl o r to e ease all o .h^t^„t;^n, aN-th .,.t e+'thi .. ofa , The yo t:.. b .. m shall have n poNvef to ,d t hese un il a i erally i other SEC'I'ION 7.4 Authority to borrow, encumber assets No director, officer, agent or employee of this corporation shall have any power or authority to borrow money on its behalf, to pledge its credit or to mortgage or pledge its real or personal property except within the scope and to the extent of the authority delegated by resolutions adopted from time to time by the Board of Directors. Authority may be given by the Board of Directors for any of the above purposes and may be general or limited to specific instances. SECTION 7.5 Execution of instruments Deeds, mortgages, bonds, checks, contracts and other instruments pertaining to the business and affairs of this corporation may be signed on behalf of this corporation by the president, the Chair, the Vice Chair, or such other person or persons as may be designated from time to time by the Board of Directors. SECTION 7.6 Deposit of I:unds. All funds of this corporation shall be deposited from time to time to the credit of this corporation in such banks, trust companies or other depositories as the Board of Directors may approve or designate, and all such funds shall be withdrawn only in the manner or manners authorized by the Board of Directors from time to time. { FAg 1 -L elltc}t I <>l F r AsdeScFibed in N3e d b „ , .,74. task +.,. .,.h:..h f -13 -ta - this c< l= lat>raFj ar- a5 tt +rt b ell e c�rcNe that this CeFlain limitedrights t the Git. ., the E:- E3n1 rmtii?ci r thtst' Hi' pAFatif) IT- tE3-eeH-tillltL'- itS- -nl}SS c ^nr= rnrrcorpor agr e that the G i ty s e e- the bey €rt- oTali- re- siduzal asset"_ h& ti4di4 or substantially ^ll �Fthe ,,:mss f4he k; car} „ mac rat firv2�c71c:1.- rller�eE i�Nr,- t11-1e se<� -E3t'- trans- fttfre(f- tE3 -et- her”, OF "haul, this .,..ratio,, ecxlse�r ar; .c;- Ile�alth t- ale— f�rEx= icder -ef thee�rltetrtplat �� Alth no voti+lg- rrx+xk>crs�shcn it ed, the Board of ) e St imeFCStn o f thi ,. a ti O , tt8 p the Cit. t rmcc"" v>- rzrcr`�'"ctE{L - ti z� - ' ol e i c - a- cmlt-}t�5- lia- �}3t� b ecome a v o ti n g o- en the!':,, the b ene f it of rr... l' 1 - :' s. }l4'- 11� -1E)l t H "ec'r`u crxrcc- ocnciiror an h th ,t the fi li spes iti afl : 4tha " rr r 13- _i(d) f { }po�� ,l F ' � r 3 r{ .IEN3-� , „r A . ..,7: ,.1, r13� r, b eof 4; , F on the i T�c r`�c - E)L t�,, Tl' ,�r, a cti ens d 71..,,.1 he re i n. 4 those e , ,e nls e '. ze e 3�ek3io#l ":h,a : , «hose n.,l ,,,” The r; «,. s h 11 have no r�- rr"", - c @} 4- i# =+r�1 4- ot �rlet- 11?i}rl- t�?E3SL' - E ' rEri- �E�io -- these - B- l_ T — rhe firg set tE3rEl� lief requite o....hip D fl �zil;d- aly4hc- se s fa;— I 1 vii tE Fk Beard # -Birr ., a , :h 2--7(,+(444hes r , has Me V eto the aetio appFave without ,r th „ ,.I of the Git) i1e t- Ste =t-3f3#3- �i-- _ E1 r xin-ic =v at4 pFopese -acne 3d {fT-1i ( "� ° E-E�- HP- Ifansfe -- :Is ..,h„ .h; fi ghts to thi ..r; "r„ �rr�rrrcrT., " bill H ttF l sael s ai ,,,. I , +' i approve i a by a t lea ,A. of tI a r .. ,P I ' , 'Th, cons ide r ati on �k'E)- t�l h ' rFccrm- ST at: eN " -- S ••1, „ .,,l- ersh]p f ights . 411 b Aete.-mine 1-,.. the ,.. A4 , 1 lifii it43AN; �F #f- hEl- r - j'- 'rl',Nk� -}S }i( l ,I,. te,7« an) puf o pti on } 1 tt' }E e1�lt�it+ele1 { a }t# r *hit. E " 8., 0:4" ct'sl Q}h'}t -kfN� Th., 0:4" ., e Of its ., ".,te,7 t �hts -- at " r " 1 e� l iu - u� - 2a� - -i3l� L.., , rl., „L.r tl, e.- e„A,,.. to , g " ..L. , ..L. t.. � ' "� -E�1 - B: - E}t3'� -i rcn-'E9k�30ti3t •, •, shall net h.,, e the ri to i mpos e due as fees<H he J,y w 4 hou-t4ie consent- 4 � t r the city. Sic l I ON 8.5 4a - IH (':t,. "hall ha the r i ght to r ece i v e A;, :a, .,As as a menibef. ko the tool is available if -7' .1� sh hl ) ever E? E} i" szcrm" m"ury"' . '- 'n'•'+ilE {la' .,,::inrr.: 'r�mc�c'si'a r��'"- t, h . -I m SE, ��tll �h - M e .. b A4.. ,r.,, T�� "., "ar: ,,., shall no t he requ ifed to h „1 dce�H ?`.'r -t } . as a fesult limited M .,,he.-, h:., F ights set to Secti en 9.2 of t! e�A�ll Ic Rl F; 1. r rrr, - �'-ci- 1 - e e # +S$`�'il. •.,. No eonse.,t given or w a;.•e.. h. «he MenlheF \-'diimicri-)utA 40-an -t' - i l_'ht UndIefthese by ha"rs all he d .7 o r eenstru to be e "" • mo t •,'. a rm - 'ei \�r }i�l- }f' -S#3ei - tc� a}}�`E)t E ik -7i•163t#(� of uesuchrri„ht o .,rhos. fights , a nd t e #,af t -lu „ ac t ,•; la..a at a .'„ -hr has L Ben +.: ,...,s•e,J shall �. -r l l rl i� y;j�e t tE*iifr�? }]r Ejf -�t1r1 that . t3r�IO- E� 2�n�a - � v�mrrr »�te � kaiv <'H3 {' +i r lit rot +l3<ir- eX'eplas iFtc- a ll_. :,a„ :,c„h•h•t A „ F ;ee#en 7.3: -14- 'l(d O I fb u,1'X4ei 3s -15- -I(C) rav RIC � E , os,T;a3a u! p,A uru., n T—A ziiiv crrc 2 - }Trpe rl )]-] n an ceIli?t'ii}}1C� ., -tan -t r d s iO i S A s @F;YHIIt� � FFNE�c1fHe .r, R r , - O bef Ofe - the' �50dF - day a4ttei i rse Ye ar, thi ar; :I1 ..v i) n'rrc c�rrlt - i •, C,,,.r:,.., -. A .,., .1 ➢ -k ] on +' , 1 resu au dit e d h a f irm o f 7iazairr�vc�carrrc Tcvxrc Accountant xrr. Ii wn r - i 4u - EHi pli -'rl, ofth Op Pa rameters et forth i Sect:,,., n ...heo are due. tins eot shall provide a wFittea plan • } ivvo`n� 'Imi— icitroi- i}L- � '- T- 3{}flt'x i) i,' S eet i ofl A w i t hi n a reasona txn„'.".- •"a -`� cti� �,{�,}`E'�= the Cit. all requ thi .,t. t1 b ° — • 't h i . r'r}-�Y t� 415)-day he }f{� r t 1 b tit ,1� y t-v an th}k P( f );atio. (thy -C ,it,,..+M 4' -- tle purpose 0 icy icy aflvni -- r2C r a ,.. ,. .a:. the o and b ' rrairaiie rclrt�?L'�cHit • c +° ' t rr —T c .�m-rm "crai ii, ^ s ic)- i�-1l' --E } s�t1i at}{ "� ' . c' - �cc�xn"' -rtTx -}�$t and to th e f u ll est extent F 'i.l .7 f{�NS - 'n i ti±;f+3i "H�F&H N� - ' - e�hle -Hn ;s.., . i t, Obli ti nder the Ag re e me nt , n the e 4- Ehe-e <- ffwalttt -i {- `.ter . tl�t shall n d ef . k i ts b es t rr rr Wit# -tit r s eta { -+t s#at i the f, )rege f l t•,.. h t.,1, } nTP�TrT�- o ' x ..� t ai'x� coi= F�vr oc� s hall cuicc to ' a:7., t - 01,.)( \ statu .,1: -. ee .,,:th bond e n t.. . .,A �rznv�C°p8ivrrc- c�}l�E6F�6rd '"r�� 1 ^ vT c�� ter- � Futu R ,u� .,ah , t„ l .I., accre standards and re inifeinents. So t rv- �crrzzi rg- r�<',1- r ... .. � - vx x � b > " . n .. „ ' t D A the fi ' "�rrc'r i = F:' `rJC ..., i}.�. mot' .:11 GA„ to the 1 1 1. ,.1, .,I th coFpef a nd the i , �rrn „ rcrxcTm.'ri.ihl'� -i c • " - ci r�S';.. - .•. at „tho f u e ,, ".c, E+#—t+ckket— 1 - in -?li r ono ,1t..,t is r ..,,a) ,,. ti, rf' h h' h b or ef b f 1 "q tt } et,t C =t , , l' •,r le ast 1 r: a,4i��crce -»l- ( 4- C—as.h -(xft Fatal o 64 da� . 4 `�)f� ''tilli_ > 2 Fiscal Yea -16- -1(d) Section - -B � �lt't } EPri i$ f if>iT'r�r cc3i4?= �� irmli i�l� the Operating D...-., se t F„rrh : rh' c°,.r: R .R, 01�r-4i - tc s t&' 1 +4itS a eertificat 4e om pli anee w ith the o pi;' raim b -'-- r Fi'r$}} / r- cncT °i- it{e - r- 3iZ3i one "t 'dFed tweet., (1 20) days F.,..., :+° 1 ' e ..r ,.F S HEHE31? `� c�tlE Et?f {i{ ieill}f v"r - i r - d { twenty / 1'7n\ days- ,� :. ,.,, rh .1,.. ,l.,r° the .. $flC� -- s RE - 1•},iti cyne undi-ef 2.,, da f --'"-- . �: r the p f o � iritlt r �sHe Ft t43e eer)��tt i gtr � t ,, . ...h°.--.. .,.{ h ez Th +,,:h.,-° r,.. :,{ such marry e3' -1'} } }fflrslt{ l t tefTr �4ute- !`:+J., fiet d n m b e a . rr r a r:•,,� , Z,uent Fisc 1 - e - i which the corpor t „t . ; eo foi This- Betio , 12 o f fails to submit its F re d �nmr'rl rzm'rcr -rr 31�i= r�- acrc, -c +seal- Yt;i}s- ('1) r 1 „ r h t• t .t n �? T�"�T t � - �-. 3 i ' , is ii�tez I n- R�r 1 TC'ci� 33 z�v- 1) erczrr r. e+rHand o + 45-c L . (4) Operati ic ,r"t"ast 1.5 p c "r c c' r - r 'r' at 1°. , r l e fth 1 ., 2 R' I Ye " Parameters lr. ' 1 ,-, i- 5ti) 3'- p0�atiE?t?- tSfiet- in- ecli of the Oper Parameters se any t',,..t rccnc H-E Em- 1fli.? -L' r } :: rigid equ al to the stire pef ied stated ifl the n oti ee ..r•,r i'cz - a p�}tHi- Etti - ":' ) ;- clays fr om `h d ate F th e fiet ef aetua kff. .,.l ,s.J„,, + rl r h; then -.h lr„a 1' - .then ne l than o h a.1..• rtv rzrh : -- e �v'r'rrrc �� r c'schicc.- 2t� -��' ^ , 5 .>'o na l. cc - 16�' �7�t t.:; I- ,l o th .1 ., + ( no Of 1 ., .,ledge o f t'v r t crr - n t� - cry 74i ccT r �i��H O : A,. qrr° ,r' n, rM° ..r: that it ..+' .. e i4th ' C .r'.,., 'T 2(,71 Sh h° o4'4�eti .,F su 120th A..,.. i'm° " rrrocz �,c }tt ic t r� -rrr> set cm _. Cure r — hl , • ll i.° ( .{ „ peri any kv ,l.'�.h .. 3BFc'lif3Ht( 3EH 'hi:cs��: �1.., :..,;?},1„ •,A.,, .. +.. °r; „{ /,,.1° °1 and 1 d e t erm i nat i on o f t matter, the e care and to h;n ,,,a ea ll ee t . .,t ,, rh tk�e �> {I<» 1i}l+�e a eo1}ect+i ter sr' r'e ,':ded t suc pa ti en t. The r :h,.° 1 -tseal Ycii �a1{ o f constitate a waiveF 4the G -17- -r(d.) 1 h zr R' ^I V^ ..h:..h th ..t: i and "" "�n� cHCI}}lEt3� -Ft� }fir- itj- c}R-'.=- 4tH)�tifjk3E�, '^rr."rn"�^ tH -EE �"aµ -I limn f.,- h i thi Secti C (a) The - h'#4- } }EE I- 4I.... m,.,e"Ota Department Of F-ie lrlth has LI—I afc- lic-eel?SzWl te . Hi-aeeeft4ffl NN :th its Fu n da me ntal Natu i 'nu }3�L}}tT5Ei -c I'^.,.,,se i go od st.....1:.... ( ) The 811 - able i BB,, ,htions,.. fparticip^r :..., OF 1 13 - li it cojTective C tio pla sd ti s f .inb s (oft W erRl g ovem cfl{ 4 13F$iai -13 - T4nSkHr ice program f. - rime to time if the existing sa fe ffr?g+am -k, E+ppla+Hed eft- aRy4i}iie-} The e()FPOF' a4 a Shall $l ,"- and i i iaintain th h s ^ .- ^.lst b th ^ +tt stirves a rami Joint c The (.7) T C ' , + . .,,,,t . „............,..: 7 .,r: (... �los.,,. :h.,A ifl f- scC^lN 3Erizr�rrr ^ `i SccTrv"rr5 } Gode. as amended. (c) tal 6i i7d -+ htt 'i. s he aut ef i ze .7 an d .. m 7tr ^a t.. 1.711 and ^ ^I1 ^..t F.,.. th,� 1H'b= }StE+l - t {ir� -1 1EYs 4E ,I; i ces to p atients u nde r e h g err b � (” }y, whic = a Eowi'Lf}-ai -se `i c-es t o m b , ofthe g ....hi :u IPPINFORMI f-r — i }E o is-. mo 'nTCfl ante N � the Operating P ai!afae t ^.. se t f rth in this Seetio fill ref, �-P--4 f +ova i reee ipt .f ....t: w ith f r.l t del unc T .cz the Cit :.1^ written ..t: ^ ^ ara._ >rd IfC- t� t4i t ar - r`c - :rye i iik? HIVt[ bef -i 1°", 7ment ri se t f :.. c^ ^r:.,.. 7 shall - �rs c n c b ff e .,. . th ' .' .h 17 J. Th.. 1' o provid .... e h ti 7.. any ene Fis Y ccm � v 0 rrr th c tct , � —rnv s h a ll . r th . f "r.. .. -. b ...7... ..t rights i fl an) .�nmrnv ant$ - a - ' � , n otic e a nd Sufic t " ..r ..17 With th Op .,r: . rc�� 'a'cirt rraenr rzis iiz = m = ctz r't ni�� 6vl�k)3 zi r t f- - th ' this a, - r'x=;=: :Tc cE, - :rsez� :gin= i tE3t}$ �1) Complial £-� 'Fhh ^ f,.,,., a coveiia made by th6 e rat7..«. i ^..r:.. w ith . ?d�A - the c sur eal as d ^a in Sect:,,.. 17 10 of ,1.7 c ev ent o p roN .'.7 ^mil that4 �,+ ..ate„ or} eed e , ,,..I :.,.,t d a ii) pei -iod with respect tR w4 iich th '_!c'ndet -. -ti {#ti } t'z- acti n , - , w y b, 'r4 • "'7 ,II Th � rt +'itFkf3lfi :i - 1-ii -� -A h t r '�-* - 'th;., the Hospital' «ri f? Geograp! ;� 5rt-#'t- IEC�'�- fl�ti }'rf }fh VHi -1 i e t:.,.. 1 1 ,.) ..fthese Bylaws -18- -1((4) � Amendments �- i, - -e n.,. - }}FN ' I _ a+> -il2c op t ,-, ll in ,re,... h b een d 1; e a l orrs o', h ':2:� ^ •, 1 c�ar - car -E' • 1ckTA d�-- }( .-I + con it als c k l th th O peh at }let ca a E3 kase� Ge nerally „ted A,. .,r; ..n. „l„ ( " GA A4 rh , ti t the �t 1, Il r ,J I, rr21 .•iFS.- T}:re{3i'- �lE>l r 'a';3Ej- -Gity ,"sh wa,- , Opeh4�r' i —P-ar am <iff-L - ds -RC' e—; L,, i -- ,Pitta ' rlA Ar) a l.. ,1 .1 Hh?1�E?Eii st;llil" h5 1 fors H� c� kfkin 01 cl tka4tt^ -jeo al - taking in ide the } iz f rn"r ^ r2c'm^iL' -ilt ! 9 }1�;�E = S1 {�ti }ii'E� - nPFt 3pt11 - i - tt Aratiens h aving e ...hle r.nii) c^rim'� C T D e bt R t,.. r,,. an, , 1 iseal Ye .h ,,,...,n the .-.,ti., of (i) Unrestricted res 1 i r a. T ' 4 1.1 at h he .,,..6 d41 I L res tr.i e t, A T ' ;A Funds) .ef the, c ofpona ti on. all u3 `.' 1- meran'""' �rzrrzrt c- tHE�3 7 iea - mi>'tir� , �cr s i' O f th ..,t;.,., fh.. , L';. Y eaf tt -sttl - r3 - ( bI th r r ,.te,.l T i,-1 L' m�c'�rnh -r- of f3i}'<{}�3�" 1 2{i+?' - t J RSE=4. -�� 1. o .., r, .J h„ .7:,..J;.,., Tet., l Trna� vperzaai'_a kx-peases les .. �\�.�„ _ , .TfTETYTiY�}I TZTlAC1TSCClC�Y: Ekisling4lonil5 Tlw- 441oA41:?'- bonds -k- - i bm it;: Genffa O 'r M li F O i M l Fa sties Re v e nue Obli Tax Medical ical Facilities s T ee, e ntie gc rmliCr..: -- tc ricer -rrn�. �cncrti{ - R—e 1 T 1itk. Sefi- s449SB ;'r.. ,,,, hr :e„1 TI G- ross n B on d s, e _. k� ^� ta� �l ,'dam R4 ma c l k�s -�Zt ntte B n a� Seri 2002D an d G Owi gafi'4 �- 4iva4 aetlitiet - pR ln .2nn A th d ate sp ecified i th Bylaws of this ratnf curcaa smrDecember 1. Ge a w , l G A°);� A D is The s t,,,.l.,r-.l F«., ffie .., r k o i n the the c Ii}4ed ..f A.,,e,..i..., It i the standards, et jvFen a nd le aceou ntants fell i n .l' b d aiiS <.ccivirs tl t- r}r tale prepafatien i- }Ran 1 .err. G A A U f e . th is Lo - irnl__D eb4: - ,' A I rrrbiir� iri Fe)}'r:rv -p'in as a l oni t , Ii.,hlli+, o n this +i en'.. izmlRCr tatc-rixti • b ' -19- -7(<) .�.+"„A .]l Eltt.r `., ...i^- °.. - losses o - e 4.,.1'.,., TT.,... T . „- T e*el .. -..7 in Se et 4 )fl 3 R . rl„pT 1 ,r err rri'c�;e'rtrtmrr- e- erm '#3 i1� C�♦: L-t��l'f-&bC'- �i$Ef9c . ti v b� M IN 1t+ll i+itei -es R-et i ii-ement a i F + f , T- i� t3f &sY'it�f)t -F3t k) A ,l s tate me nts . Fo any-e ,r..r: � } tt - tFti i- }'t rc:t i1(ti'- �$O }tc 13t�fnefe i' ii l- cir piior-E()-E e lffc c c'r'r ° e da ( ) + anti - eerie° A greement , n il' iiil iH t9 be-( aH} �3EE' Ej -itS4" rn��i; r- i -.-., lues and - M ^ a mTm"" cn' i r"" ^ � ^1 rz and i• -t H-I rll}iL`t?r Fflt3Y �it - z♦h {1'._� . tStEt l c- ?cui- nc`vfiEl'�- -�H3c'lft6t'a� -S dE file ° • ,r " • fthe City e Eer�rise kltttcl i#n r nu al !�1„-.neip l+ tiilf}--1 }l ^cam sec ^i�t }ll'CH7Ci• 1' t : Th.� s of the m h d i ,r, e r ^I Year T 'r ?! }}}t�� - L - H Debt. if a ,.;. _ {.r#"krr beeir ��r�rr�r�iA th a t h.,l l eers pi � ., tin .,F ye ars , ,.,....I to the lesser ..F 0 �r l Fle - tll-. •�icr �ai rivr d , �. rT��; years eY,41 `• + R - rv'taz Mili! - �{- ' ' Fl144at4he- i- 7'itik - b een ()b tS'i ! nA' flg IF.- ,r' n 't ',, .7..r_ antat 3#i- }Li�l-rrrc��rt}I- - the .f 1 I'fe, .1'+h, , :r.`n'T 'k)t - t2'.iru ••riccc�iwr of depi 4}'' � ?t' - EHtj3' EN41 F}eH- H4- E}Ci- (1FE�it1 Q l�f r � The intei fate to h.. a p plied du this pe-:..,1 i ssue in the fiscal y ear- pre ceding th h.,ll ti he Ye ars ..h di a nd su to r tr! c'�an c�Hf}-�- }ti' #"} - 1 -.`r�A -tat' Ef�tfi EE {�aS {}tFF}t ` ,• ,•I ., „I ,.-r: �.,r:..., TFT , .. ro..,, D a i t a, .,hl., inter ^r � ^F .,r:.,., +..- i� +xi�- �E- i- 5tte- Elii#t a r -� �-1� tl - H' rlE-t}�S, Et#l'- in t t c."-`c' -'s i- c n�-EE3- �lf�t ia ., . ^ro ' �FF�..r at the �„A of the Fiscal Yea Yeaf fOrWhiC I+41!n-eOfflp (}t3 is l it z 3 {rade ] lie i =ate (t a{ka� E a a o 0 l T o r ^1 n ^ +; • . - -n d aiiee I , ith O n A11 + a F" 1 Y ear. H owevef, N et 7)�avenue5 f C Of i l.l +; o th h b een sh-:. -te, by 4 ,- de&ivr � 'rEIH efi (p@t ,tl .-r.,.1A i ( 2 1 1 unre ali z ed b� r a nd la sses on 04FitEiFE{ - i k'tfF Bell reEi7ffli i" items b gains OF losses on fefinancing, i,: m'rcgn• "• ] r� l smrzt' TrH:?f 111ttf°��E � 1. F� 1 .,rh :+: ..F., . -+ c - b - ^'a�rr' `� 'c'irrrci'cra�- 'rr'�r'a� the Ordinary F t', " eyenue6 F- a-F4ts + 'i'h ,r: i +„ b ted ba an �}F11 Si3Ht1�iEEE - �Y}iEif stateeiii nts.. uof the 1..,,, F':^ ^..I Yea i .,Fro.. th ,,t44ejtiN2- dclJ_'- j {iF t1t' ti3t'(S ) F , to h e eni - a puted u s i ng rl, T.,r „ A t,e a t 01 I +mac- Ii4lLkl (�pc > € f le applicable Fiscal v,^. audited lii iiii;�rzi =' :, iu{L - ' - HiC it'. i tl � Fkt li;�lli r ?tiE;•H- �3'fa- l= t -tr 1- r - ki r� _20- -1p) '1`..r - v az� - -k )Ct}4B — Tr�� Et ^ "'� }Prcc�"vicn ! `AAf ) , r a t " r' Tiil i t <3} "f3HfikEtt )I {3F - t -hti£fl \ .-. ,l:,,` /1\ 7 epl - ec i ati on (2) 3 . ,, ,,• "' `m�_z"'mi�,=ri}}{Ef -' ��- I }}��'£eSlt \:�-H- '-HST. •,I� +fW- � {i'f(�LIYS�- :�� ^4-F �r „7 ,r:. ,. ,..7., Arh k+seaI - V i' exel + ding 1 t ,.,, i contribution .... � f �err”" is ' - - L {Fj3EKC -(.7 �{{} }ft�il }ft( b 2- 1{- 7`.i- iiflf -EBSSE r-BtY ffS`l S , 'FaE`:,44+af --& Rv' irFccca' r' ri� R - }{ Ei} t'. i I} �}{,{< �-}} 1WC?3- kFlS- 0t= �1)S�tS- i f} « H- F �•`r:.,� ,:,. L.,,,,..,. „1':..,7,.1,r�_ N01+.-E3' Y `" y+foE th ,,..,1:.,., «. ,.., ...;., '.!*fes=- : "t•_.;i+juitl- -1'- HiM:I'.i, nieaa5{-4 ca sh equ i ya l e r,r,. /:::\ ., € tom a T + E + t ttr't'lai- 2,. i eff D ep6em b er 31 2007 i Li nd (i v) h, ,..a d es i gna t e d 1., hi `: "zrr cca - zdi-cn- a4eiidei' .. 1 -t '- � -21- —1 (CO 2013 License Renewals To: Mayor and City Council From: Stephanie Nelson, Legal Technician Date: December 5, 2012 The following businesses /organizations have submitted renewal applications and payments for licenses effective January 1, 2013 - December 31, 2013: Massage Licenses Catherine's Massage & Spa Services Genesis Salon & Enso Spa Hutchinson Therapeutic Massage Center Liz Lindemeier Red Cover Massage & Wellness GarbagelHauling Licenses Waste Management West Central Sanitation, Inc Pawn Licenses Security Coin & Pawn Shop Inc Tattoo License Douglas T. Moulton Taxi Licenses Quality Transportation Tobacco Licenses Casey's Retail Company Cattoor Oil Co., Inc. - Sinclair Coborn's Incorporated -Cash Wise Coborn's Incorporated - Holiday Station Crow River Golf Club Inc Erickson's Diversified Corporation - EconoFoods Erickson's Oil Products, Inc - Freedom Value Center Hutchinson Co -Op -Hwy 7 W Hutchinson Co -Op -Adams Sl Hutchinson Outpost, Inc. Iutchinson Tobacco & Cigar Marketplace Inc. Kwik Trip, Inc. Lamplighter Lounge II Inc. Murphy Oil USA, Inc. Northern Tier Retail LLC - Suyer America Hutchinson Smokes 4 Less Wal -Mart -I(e,) fi u CITY OF HUTCHINSON R55CKREG LOG22001VO Council Check Register 11/28- 12/11/12 Check # Ck Date Amount Vendor/ Explanation 173442 11/28/2012 31.67 FASTENAL COMPANY 173443 11/28/2012 424.00 GRAVE CONCERNS 173444 11/28/2012 2,268.26 GREEN EARTH LAWN CARE INC 173445 11/28/2012 269.33 HUTCH CAFE 173446 11/28/2012 62.06 MCLEOD COOP POWER ASSN 173447 11/28/2012 17.65 NORTHERN STATES SUPPLY INC 173448 11/28/2012 808.11 O'REILLY AUTO PARTS 173449 11/28/2012 22.67 WAL -MART COMMUNITY 173450 12/11/2012 465.48 ACE HARDWARE 173451 12/11/2012 194.00 ALCOPRO 173452 12/11/2012 100.00 AMERICAN BOTTLING CO 173453 12/11/2012 90.85 AMERICAN FAMILY INS CO. 173454 12/11/2012 68.77 AMERIPRIDE SERVICES 173455 12/11/2012 76.48 ARCTIC GLACIER PREMIUM ICE INC 173456 12/11/2012 170.74 AUTO VALUE - GLENCOE 173457 12/11/2012 89.97 BEACON ATHLETICS 173458 12/11/2012 125.00 BEHRENDT, JENNIFER 173459 12/11/2012 1,086.00 BELLBOY CORP 173460 12/11/2012 74.79 BENNETT MATERIAL HANDLING 173461 12/11/2012 749.00 BERNICK'S 173462 12/11/2012 184.30 BEST WESTERN KELLY INN 173463 12/11/2012 505.69 BRANDON TIRE CO 173464 12/11/2012 5,569.50 BRAUN INTERTEC CORP 173465 12/11/2012 165.30 BROWNELLS INC 173466 12/11/2012 304.36 BUSHMAN, RAQUEL 173467 12/11/2012 1,603.99 BUSINESSWARE SOLUTIONS 173468 12/11/2012 94,740.00 BUYSSE ROOFING OF ST. CLOUD 173469 12/11/2012 27,453.35 C & L DISTRIBUTING 173470 12/11/2012 180.00 CARLOS CREEK WINERY 12/5/2012 Account Description CENTRAL GARAGE REPAIR SMALL TOOLS CONTRACT REPAIR & MAINTENANCE OPERATING SUPPLIES UTILITIES EQUIPMENT PARTS CENTRAL GARAGE REPAIR OPERATING SUPPLIES POSTAGE OPERATING SUPPLIES COST OF MIX & SOFT DRINKS ACCRUED LIFE INSURANCE CONTRACT REPAIR & MAINTENANCE COST OF MIX & SOFT DRINKS EQUIPMENT PARTS REPAIR & MAINTENANCE SUPPLIES UNIFORMS & PERSONAL EQUIP COST OF SALES - LIQUOR RECEIVED NOT VOUCHERED FOOD PRODUCTS - CONCESSION TRAVEL SCHOOL CONFERENCE AUTOMOTIVE REPAIR PROFESSIONAL SERVICES OPERATING SUPPLIES FOOD PRODUCTS - CONCESSION OFFICE SUPPLIES BUILDINGS COST OF SALES -BEER COST OF SALES -WINE 173471 12/11/2012 32.06 CARR FLOWERS MISCELLANEOUS 173472 12/11/2012 56.61 CARTER, DION TRAVEL SCHOOL CONFERENCE 173473 12/11/2012 941.02 CDW GOVERNMENT, INC OFFICE SUPPLIES 173474 12/11/2012 443.03 CENTRAL HYDRAULICS RECEIVED NOT VOUCHERED 173475 12/11/2012 431.25 CENTRAL LANDSCAPE SUPPLY ADVERTISING 173476 12/11/2012 142.48 CES IMAGING OFFICE SUPPLIES 173477 12/11/2012 71,747.65 CLASSIC PROTECTIVE COATINGS IN IMPROV OTHER THAN BLDGS 173478 12/11/2012 88.05 COFFEE COMPANY OPERATING SUPPLIES 173479 12/11/2012 23,157.00 COLORBIOTICS RECEIVED NOTVOUCHERED 173480 12/11/2012 49.78 COMDATA CORPORATION FOOD PRODUCTS - CONCESSION 173481 12/11/2012 481.25 CORNER POST EROSION CONTROL CONTRACT REPAIR & MAINTENANCE 173482 12/11/2012 80.15 CREEKSIDE SOILS REPAIR & MAINTENANCE SUPPLIES 173483 12/11/2012 236.81 CROW RIVER AUTO & TRUCK REPAIR AUTOMOTIVE REPAIR 173484 12/11/2012 49.70 CROW RIVER FLORAL & GIFTS MISCELLANEOUS 173485 12/11/2012 1,380.00 CROW RIVER SIGNS OPERATING SUPPLIES 173486 12/11/2012 2,349.82 CUMMINS NPOWER, LLC CONTRACT REPAIR & MAINTENANCE 173487 12/11/2012 106.88 DARWIN MONUMENT CONTRACT REPAIR & MAINTENANCE 173488 12/11/2012 3,873.15 DAY DISTRIBUTING COST OF SALES -BEER 173489 12/11/2012 237.42 DROP -N -GO SHIPPING, INC RECEIVED NOT VOUCHERED 173490 12/11/2012 89,326.21 DUININCK INC IMPROV OTHER THAN BLDGS 173491 12/11/2012 284.83 DYNA SYSTEMS REPAIR & MAINTENANCE SUPPLIES 173492 12/11/2012 165.29 EAST SIDE OIL COMPANIES RECEIVED NOT VOUCHERED 173493 12/11/2012 56.64 ECOLAB PEST ELIM CONTRACT REPAIR & MAINTENANCE 173494 12/11/2012 690.02 ENVIRONMENTAL RESOURCE ASSOC OTHER CONTRACTUAL 173495 12/11/2012 986.00 EVENT SOFTWARE DATA PROC EQUIPMENT RENTAL 173496 12/11/2012 188.72 EXNER, KENT TRAVEL SCHOOL CONFERENCE 173497 12/11/2012 424.83 FASTENAL COMPANY REPAIR & MAINTENANCE SUPPLIES 173498 12/11/2012 135.00 FIRE INSTRUCTORS & TRAINING TRAVEL SCHOOL CONFERENCE 173499 12/11/2012 215.44 FORKLIFTS OF MINNESOTA, INC CENTRAL GARAGE REPAIR 173500 12/11/2012 292.37 FRANKLIN PRINTING INC EQUIPMENT PARTS 173501 12/11/2012 113.79 G & K SERVICES OPERATING SUPPLIES 173502 12/11/2012 4,210.91 GARTNER REFRIGERATION & MFG, I MACHINERY & EQUIPMENT 173503 12/11/2012 312.65 GEB ELECTRICAL INC CONTRACT REPAIR & MAINTENANCE 173504 12/11/2012 121.91 GURSTEL, STALOCK & CHARGO PA ACCRUED GARNISHMENTS fi 173505 12/11/2012 1,611.72 GURSTEL, STALOCK & CHARGO PA ACCRUED GARNISHMENTS 173506 12/11/2012 552.65 H.A.R.T. ACCRUED DEFERRED COMP 173507 12/11/2012 60.00HAMMOND,MICHELLE TRAVEL SCHOOL CONFERENCE 173508 12/11/2012 660.00 HANSON & VASEK CONSTRUCTION CONTRACT REPAIR & MAINTENANCE 173509 12/11/2012 160.15 HD SUPPLY WATERWORKS LTD METERS & METER PARTS 173510 12/11/2012 950.00 HENNEPIN TECHNICAL COLLEGE TRAVEL SCHOOL CONFERENCE 173511 12/11/2012 2,644.21 HEWLETT - PACKARD CO DUE FROM UTILITIES 173512 12/11/2012 137.15 HILLYARD / HUTCHINSON CLEANING SUPPLIES 173513 12/11/2012 810.21 HJERPE CONTRACTING IMPROV OTHER THAN BLDGS 173514 12/11/2012 686.50 HJERPE CONTRACTING CONTRACT REPAIR & MAINTENANCE 173515 12/11/2012 43.28 HOME SWEET HOME QUILT & DESIGN OPERATING SUPPLIES 173516 12/11/2012 1,800.00 HRA HOUSING REHAB LOANS 173517 12/11/2012 168.80 HUTCH AUTO BODY AUTOMOTIVE REPAIR 173518 12/11/2012 1,682.00 HUTCHINSON AREA HEALTH CARE COMMON AREA MAINTENANCE 173519 12/11/2012 7,282.47 HUTCHINSON CONVENTION & VISITO LODGING TAX REIMBURSEMENT 173520 12/11/2012 100.00 HUTCHINSON SENIOR ADVISORY BOA OTHER CONTRACTUAL 173521 12/11/2012 809.83 HUTCHINSON WHOLESALE OPERATING SUPPLIES 173522 12/11/2012 1,990.00 HUTCHINSON YOUTH VOLLEYBALL AS RECREATION ACTIVITY FEES 173523 12/11/2012 4,O00.00 HUTCHINSON, CITY OF MISCELLANEOUS 173524 12/11/2012 675.00 INDEPENDENT EMERGENCY SERVICES COMMUNICATION MAINTENANCE 173525 12/11/2012 1,179.47 INTERSTATE BATTERY SYSTEM MINN EQUIPMENT PARTS 173526 12/11/2012 530.00 ISD #110 COMMUNITY ED OTHER CONTRACTUAL 173527 12/11/2012 802.76 JAY MALONE MOTORS CENTRAL GARAGE REPAIR 173528 12/11/2012 258.16 JEFF MEEHAN SALES INC. ACCRUED COMMISSIONS PAYABLE 173529 12/11/2012 959.65 JJ TAYLOR DIST OF MN COST OF SALES -BEER 173530 12/11/2012 17,104.58 JOHNSON BROTHERS LIQUOR CO. COST OF SALES -WINE 173531 12/11/2012 200.00 JORDAHL, JIM OPERATING SUPPLIES 173532 12/11/2012 318.49 KAHNKE BROTHERS NURSERY LANDSCAPE MATERIALS 173533 12/11/2012 196.00 KDUZ KARP RADIO ADVERTISING 173534 12/11/2012 72.06 KEMSKE OFFICE SUPPLIES 173535 12/11/2012 65.00 KNORR, HEATHER RECREATION ACTIVITY FEES 173536 12/11/2012 2,500.77 KRIS ENGINEERING EQUIPMENT PARTS 173537 12/11/2012 45.68 L & P SUPPLY CO CENTRAL GARAGE REPAIR 173538 12/11/2012 138.00 LEVINE, ERIC DUES & SUBSCRIPTIONS 173539 12/11/2012 23,583.69 LOCHER BROTHERS INC COST OF SALES -BEER 173540 12/11/2012 17,799.00 MARK BETKER CONSTRUCTION LLC HOUSING REHAB LOANS 173541 12/11/2012 500.00 MCLEAN COUNTY COURTADMIN OTHER REVENUES 173542 12/11/2012 131.93 MCLEOD COOP POWER ASSN UTILITIES 173543 12/11/2012 40.00 MCLEOD COUNTY BAR ASSN DUES & SUBSCRIPTIONS 173544 12/11/2012 369.10 MCRAITH, JOHN OPERATING SUPPLIES 173545 12/11/2012 54.40 MEEKER COUNTY SHERIFF'S OFFICE PROFESSIONAL SERVICES 173546 12/11/2012 1,233.54 MENARDS HUTCHINSON OPERATING SUPPLIES 173547 12/11/2012 182.38 METRO ATHLETIC SUPPLY INC REPAIR & MAINTENANCE SUPPLIES 173548 12/11/2012 11,485.87 MIDWEST MACHINERY CO RENTALS 173549 12/11/2012 493.20 MILLINER HERITAGE VINEYARD & WI COST OF SALES -WINE 173550 12/11/2012 117.46 MINNESOTA CHIEFS OF POLICE ASS OPERATING SUPPLIES 173551 12/11/2012 7,480.00 MINNESOTA DEPT OF HEALTH STATE WATER TESTING FEE 173552 12/11/2012 514.58 MINNESOTA DEPT OF TRANSPORTATI PROFESSIONAL SERVICES 173553 12/11/2012 50.00 MINNESOTA OFFICE OFADMIN HEAR MISCELLANEOUS 173554 12/11/2012 3,133.75 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 173555 12/11/2012 7,444.63 MMC OTHER CONTRACTUAL 173556 12/11/2012 571.50 MOON, PATTI OTHER CONTRACTUAL 173557 12/11/2012 365.76 MORGAN CREEK VINEYARDS COST OF SALES -WINE 173558 12/11/2012 5,392.65 MOSES, THOMAS HOUSING REHAB LOANS 173559 12/11/2012 271.78 M -R SIGN SIGNS & STRIPPING MATERIALS 173560 12/11/2012 2,172.00 NEW FRANCE WINE COST OF SALES -WINE 173561 12/11/2012 700.00 NORTHEAST WISCONSIN TECHNICAL TRAVEL SCHOOL CONFERENCE 173562 12/11/2012 346.18 NORTHERN BUSINESS PRODUCTS OPERATING SUPPLIES 173563 12/11/2012 186.50 NORTHERN STATES SUPPLY INC EQUIPMENT PARTS 173564 12/11/2012 4,186.45 NU- TELECOM COMMUNICATIONS 173565 12/11/2012 97.72 OFFICE OF ENTERPRISE TECHNOLOG COMMUNICATIONS 173566 12/11/2012 388.42 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR 173567 12/11/2012. 8,390.65 PHILLIPS WINE & SPIRITS COST OF SALES- LIQUOR 173568 12/11/2012 400.00 PONATH CONSTRUCTION COMMUNICATION MAINTENANCE 173569 12/11/2012 48.92 POSITIVE ID INC MISCELLANEOUS 173570 12/11/2012 1,500.00 POSTMASTER POSTAGE 173571 12/11/2012 271.90 PRO AUTO & TRANSMISSION REPAIR CENTRAL GARAGE REPAIR 173572 12/11/2012 368.59 PRO -BUILD REPAIR & MAINTENANCE SUPPLIES 173573 12/11/2012 108.00 QT TECH NO LOG IES CONTRACT REPAIR & MAINTENANCE 173574 12/11/2012 173.67 QUADE ELECTRIC REPAIR & MAINTENANCE SUPPLIES 173575 12/11/2012 2,454.44 QUALITY FLOW SYSTEMS CONTRACT REPAIR & MAINTENANCE 173576 12/11/2012 223.25 QUILL CORP OPERATING SUPPLIES 173577 12/11/2012 52,683.83 R & R EXCAVATING IMPROV OTHER THAN BLDGS 173578 12/11/2012 501.60 R & R SPECIALTIES INC REPAIR & MAINTENANCE SUPPLIES 173579 12/11/2012 1,691.10 R.J.L. TRANSFER FREIGHT 173580 12/11/2012 47.04 RDO EQUIPMENT CO. 173581 12/11/2012 11,432.96 READY WATT ELECTRIC MACHINERY & EQUIPMENT 173582 12/11/2012 16,547.34 REINER ENTERPRISES, INC FREIGHT- IN 173583 12/11/2012 50.00 RENVILLE COUNTY SHERIFF DEPT OTHER CONTRACTUAL 173584 12/11/2012 40.00 ROSENAU, JAMEY OPERATING SUPPLIES 173585 12/11/2012 631.45 ROYAL TIRE RECEIVED NOT VOUCHERED 173586 12/11/2012 832.41 RUNNING'S SUPPLY UNIFORMS & PERSONAL EQUIP 173587 12/11/2012 33.56 SAM'S CLUB FOOD PRODUCTS - CONCESSION 173588 12/11/2012 28,176.92 SCHMELING OIL CO MOTOR FUELS & LUBRICANTS 173589 12/11/2012 4,629.25 SCHWANTES, DENISE HOUSING REHAB LOANS 173590 12/11/2012 171.00 SCOTT'S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 173591 12/11/2012 39.49 SEBORA, MARC TRAVEL SCHOOL CONFERENCE 173592 12/11/2012 4,050.53 SEH PROFESSIONAL SERVICES 173593 12/11/2012 200.00 SHAW, KAREN PROFESSIONAL SERVICES 173594 12/11/2012 79.10 SHRED -IT USA INC- MINNEAPOLIS CONTRACT REPAIR & MAINTENANCE 173595 12/11/2012 740.99 SKARPOHL PRESSURE WASHER SALES CENTRAL GARAGE REPAIR 173596 12/11/2012 3,122.12 SOUTHERN WINE & SPIRITS OF MN COST OF SALES - LIQUOR 173597 12/11/2012 2,320.21 SPRINT COMMUNICATIONS 173598 12/11/2012 298.87 SQUEAKY'S GRILL & BAR MISCELLANEOUS 173599 12/11/2012 127.49 ST PAUL STAMP WORKS PRINTING & PUBLISHING 173600 12/11/2012 686.78 STAPLES ADVANTAGE OFFICE SUPPLIES 173601 12/11/2012 200.60 STRATEGIC EQUIPMENT OPERATING SUPPLIES 173602 12/11/2012 4,320.00 STREICH TRUCKING FREIGHT - IN 173603 12/11/2012 1,853.27 TEK MECHANICAL RECEIVED NOT VOUCHERED 173604 12/11/2012 508.14 THOMSON WEST OPERATING SUPPLIES 173605 12/11/2012 305.51 TOTAL FIRE PROTECTION SAFETY SUPPLIES 173606 12/11/2012 590.00 TRIMBO, DAVID CONTRACT REPAIR & MAINTENANCE v 173607 12/11/2012 181.03 TWIN CITY GARAGE DOOR CO CONTRACT REPAIR & MAINTENANCE 173608 12/11/2012 1,603.44 TWO WAY COMMUNICATIONS INC CONTRACT REPAIR & MAINTENANCE 173609 12/11/2012 190.00 UNIVERSITY OF MINNESOTA TRAVEL SCHOOL CONFERENCE 173610 12/11/2012 708.19 USA BLUE BOOK SMALL TOOLS 173611 12/11/2012 1,201.64 USPS - HASLER POSTAGE 173612 12/11/2012 398.02 VESSCO INC EQUIPMENT PARTS 173613 12/11/2012 9,164.00 VIKING BEER COST OF SALES-BEER 173614 12/11/2012 149.20 VIKING COCA COLA COST OF MIX & SOFT DRINKS 173615 12/11/2012 60.00 VIKING SIGNS & HOPE CENTER REPAIR & MAINTENANCE SUPPLIES 173616 12/11/2012 428.63 VINOCOPIA INC COST OF SALES -WINE 173617 12/11/2012 24.00 WARZECHA,JODI CIVIC ARENA -FEES & RENTS 173618 12/11/2012 135.00 WASHINGTON COUNTY COURT ADMIN. OTHER REVENUES 173619 12/11/2012 1,162.32 WASTE MANAGEMENT OF WI -MN UTILITIES 173620 12/11/2012 6,474.00 WEBB PALLET RECEIVED NOT VOUCHERED 173621 12/11/2012 7,739.00 WESTAFER ENTERPRISES OTHER CONTRACTUAL 173622 12/11/2012 231.00 WILSON, EVAN REFUNDS & REIMBURSEMENTS 173623 12/11/2012 2,524.25 WINE COMPANY, THE COST OF SALES -WINE 173624 12/11/2012 11,533.66 WIRTZ BEVERAGE MINNESOTA COST OF SALES- LIQUOR 173625 12/11/2012 2,744.00 WM MUELLER & SONS CONTRACT REPAIR & MAINTENANCE 173626 12/11/2012 9,199.59 WM MUELLER & SONS - SEPARATE C IMPROV OTHER THAN BLDGS 173627 12/11/2012 1,746.45 WORK CONNECTION, THE OTHER CONTRACTUAL 173628 12/11/2012 863.87 XEROX CORP COPY MACHINE 173629 12/11/2012 889.20 ZARNOTH BRUSH WORKS INC CENTRAL GARAGE REPAIR 691,998.59 Grand Total Payment Instrument Totals Check Total 691,998.59 Total Paymen 691,998.59 PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 11/30/2012 Period Ending Date: 11/24/2012 $52,909.44 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $10,906.56 MN Department of Revenue State Withholding Tax $38,970.50 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $2,115.32 TASC Employee Flex Spending Deductions $6,670.38 TASC Employee Contributions to Heath Savings Account $525.00 MNDCP Employee Contributions - Deferred Camp $1,340.00 ING Employee Contributions - Deferred Comp $1,230.00 ICMA Retirement Trust Employee Contributions - Deferred Comp $1,058.36 MN Child Support System Employee Deductions $0.00 MSRS - Health Savings Plan Employee Deductions to Health Savings Plan $115,725.56 Total Electronic Funds Transfer -r(0 Transportation - Crosswalk Flags I Salt Lake City - The Official City Government Website Page 1 of 1 a Sri , 7= xa Transportation - Crossitvalk Flags In August of 2000. as part of the Salt Lake City Pedestrian Safety Committee's initial efforts to reduce pedestrian Involved accidents, flags were placed at six crosswalks In the downtown area The idea for flags was brought to the attention of the pedestrian safety committee by a City Council staff member who saw them being used at a crosswalk In Ketchum, Idaho The idea is simple. Place a container of flags at each end of the crosswalk and instruct pedestrians to carry one with them while crossing. The brightly colored flags benefit pedestrians by making them more visible to drivers and the simple act of holding one alerts drivers that the pedestrian has a desire and intent to cross the street (admit it, we've all done it — you see a pedestrian standing by the side of the street and you say to yourself, 'that person is just standing there and doesn t really want to cross', and you drive on by without yielding. Wth a flag in hand that excuse no longer works, you know the person wants to cross because he /she took the time to pick up a crossing flagl). In addition, many drivers have commented that simply having the brightly colored flags at both ends of a crosswalk makes the crosswalk stand out more making it easier to notice while on the approach. As the number of city maintained flag locations downtown increased, so did public interest in having them installed outside of the downtown. Due to the difficulties in maintaining numerous outlying flag crossings. the Adopt -a- Crosswalk program was created in January 2001 The Adopt -a- Crosswalk program allows Individuals or businesses residing within approximately 700 feet of a marked crosswalk to install crosswalk flags by "adopting' or "sponsoring" the crosswalk. To adopt a crosswalk, the sponsor agrees to occasionally monitor the flags to insure they are available at bath ends of the crosswalk and to provide replacement flags as neetletl. In return, the City installs the flag holders, and an initial supply of flags at no cost to the sponsor. The Adopt -a- Crosswalk program has also been expanded to include elementary schools where the city agrees to provide all replacement flags at no cost as long as the school agrees to pick them up from the city when neetletl. For all other sponsors, the city provides replacement flags to sponsors at $.50 each — subsidizing part of the cost. As of November 15, 2005, 46 crossings have been adopted by schools and 88 by residents /businesses. The city currently maintains 40 crossing flag locations downtown S _ aq r c 'c . a a r sv.,a ig .,..a inn , .. , o- --e.p P. w .� , : > .. r, _ The flags also have an excellent public education component. When first installed the flags received significant media attention and public comment resulting in a seeable amount of public pedestrian safety awareness and education. Once the Adopt -a- Crosswalk program began functioning we began to see groups of residents coming together to adopt neighborhood locations. Neighbors talking with neighbors about crosswalk flags and the ability to personally participate in something with the potential to make their neighborhood safer have undoubtedly raised community pedestrian safety awareness . g (a) http:// www. slcgov. com /transportatiorL/transportation- crosswalk -flags 12/3/2012 Memorandum To: Hutchinson City Councilmembers From: City Attorney Marc A. Sebora Re: City Council Agenda Item 10 (a) Councilmembers: At the November 27 Council meeting, there was an initial discussion on this ordinance regarding additional snow removal requirements for city residents for trails. The crux of that discussion was the wording on how city services for snow removal from trails was to be billed. As result of that discussion the ordinance was tabled. For your consideration is revised language that hopefully makes the billing portion of the ordinance more clear. Should you have questions concerning this, please feel free to contact me. loco-) Ordinance Number AN ORDINANCE AMENDING SECTION 90 01 OF THE HUTCHINSON CITY CODE PERTAINING TO SNOW REMOVAL FROM SIDEWALKS FO INCLUDE SNOW REMOVAL FROM TRAILS be it ordained by the City Council of the city of Hutchinson that section 90.01 of the Hutchinson city code is hereby amended as follows: § 90.01 ICE AND SNOW ON PUBLIC SIDEWALKS AND TRAILS (A) Ice and snow a nuisance. All snow and ice remaining upon public sidewalks and trails is hereby declared to constitute a public nuisance and shall be abated by the owner or tenant of the abutting private property wthin 24 hours after the snow or ice has ceased to be deposited. The owner or tenant shall provide a min mum four (4) feet of cleara on the sidewalk or trail adjacent to their property. (B) City to remove snow and ice; property owner t o b billed The city may cause to be removed from all public sidewalks a trails beginning 24 hours after snow or ice has ceased to fall, all snow or ice which may be discovered thereon, and it shall keep a record of the cost of that removal and the private property adjacent to which accumulations were found and removed. The owner of the property from which the accu were removed shall be inv oiced for payment of those services in the same manner of a ll c ity invoices for services. (C) Cost of removal to be assessed. Should th e bill f removal services remain unpaid the City Administrator shall, upon direction of the Council, and on receipt of the information provided for in the preceding division, extend the cost of the removal of snow or ice as a special assessment against the lots or parcel of ground abutting on walks which were cleared, and these special assessments shall at the time of certifying taxes to the County Auditor be certified for collection as other special assessments are certified and collected. (D) Civil suit for cost of removal. The City Administrator shall, in the alternative, upon direction of the Council, bring suit in a court of competent jurisdiction to recover from the persons owning land adjacent to which sidewalks and trails were cleared, as provided in division (B) hereof, the cost of the clearing and the cost and disbursement of a civil action therefor. (E) City Administrator to report sidewalks cleared. The City Administrator shall present to the Council at its first meeting after snow or ice has been cleared from the sidewalks as provided in division (B) hereof the report of the city thereon, and shall request the Council to determine by resolution the manner of collection to be used as provided in divisions (C) or (D) of this section Adopted by the City Council this Attest: day of Jeremy J. Carter, City Administrator Steven W. Cook, Mayor 10 Ca) November 26, 2012 City of Hutchinson Public Works Department Operations & Maintenance Residential Leaf Vacuum Service To: Honorable Mayor & City Council members From: John Olson, Public Works Manager CC: Jeremy Carter, City Administrator Kent Exner, DPW /City Engineer Subject: Residential Leaf Vacuum Service - 2012 Annual Service Report Narrative Report Starting date: 10/19/10 10/11/11 10/09/12 Ending date: 11/22/10 11/21/10 11/19/12 In 2012, there was a 56% increase in the tons of leaves vacuumed. The number of loads remained the same. Using the Vac -All for the entire season made it possible to handle additional volume. The increase in volume is attributed to more residents taking advantage of the service. This year's 'heavy' period ended up being stretched out over three weeks. In the past, the first week or two were the heaviest. Staff did not catch up to scheduled routes until the end of the third week of operations. Another vacuum should be added so staff can keep on schedule early in the season. A third vacuum would also serve as a backup unit for the remainder of the season. On two occasions this year, a vacuum was down for over two hours, so staff could not complete the day's route using regular time. Service was provided over a 6 -week period in 2012, as it was in 2011. In 2010, leaves were vacuumed over a S -week period. Per -hour staffing costs increased slightly. Retaining seasonal help and staying on a 4 -9 -4 schedule (9 hrs Mon -Thu; 4 -hrs Fri) throughout the season helped to control staffing costs. A third vacuum would also result in lower per -hour equipment costs. The Vac-All was used the entire season, so equipment hours were decreased by 33 %, but the per -hour cost of equipment increased. For vacuums, most wear parts (such as tubes, fan blades, fan housings, and tires) will need to be replaced every other season. Some wear items may last for three seasons. The next rebuild for the leaf vacuums is scheduled after the 2013 season, so these costs are not reflected in 2012's report. This season there was one accident. A vehicle was hit by leaf vacuum, which was backing to gain access to a windrow of leaves. Operators take great care when operating and leaf vacuums are equipped with mirrors and backup cameras. This service remains a popular service provided by the City. Based on feedback from residents and City staff, plans are to continue this service into the foreseeable future unless inadequate resources require its elimination. t (a) RESIDENTIAL LEAF VACUUM SERVICE ANNUAL SERVICE REPORT Loads Hauled DDB Leaf Vacuum 2012 2011 2010 REFS- 013 -HEQ ODB Leaf Vacuum 113 110 55 STWT- 014 -HEQ ODE Leaf Vacuum 112 103 51 STWT - 024 -HEQ Challenger Sweeper - 54 10 STWT - 879 -HTK Vac-All Sweeper 98 56 52 Total Loads Hauled 8,746.78 323 323 168 ( *indi(ect labor ates per FEMA report September 2011) 0.0% 92.3% Tons Hauled REFS- 013 -HEQ DDB Leaf Vacuum 301.2 224.6 124.5 STWT- 014 -HEQ COB Leaf Vacuum 255.2 171.2 98.9 STWT- 024 -H'EQ Challenger Sweeper - 24.3 32.7 STWT- 879 -HTK Vac-Alf Sweeper 199.8 78.6 134.0 Total Tons Hauled 38.0% 756.2 498.7 390.1 Total Indirect Labor 8,746.78 51.6% 27.8% 5,143.06 Regular Pay 17,143.96 12,726.69 10,364.29 2012 2011 2010 Regular Hours 842.5 628.5 465.0 Overtime Hours 54.5 21.5 13.0 Total Hours 897.0 650.0 478.0 Indirect Labor Rate (Overtime) = 22.60% 38.0% 36.0% Regular Pay 17,143.96 12,726.69 10,364.29 Overtime Pay 1,721.70 695.54 400.29 Total Pay 18,865.66 13,422.23 10,764.58 Indirect Labor Rate(Regular)= 48.75% 8,357.68 6,204.26 5,052.59 Indirect Labor Rate (Overtime) = 22.60% 389.10 157.19 90.47 Total Indirect Labor 8,746.78 6,361.45 5,143.06 ( *indi(ect labor ates per FEMA report September 2011) I ICa) RESIDENTIAL LEAF VACUUM SERVICE ANNUALS ERVICE REPORT Cost per hour 72.32 2012 981.0 •• Fuel 7,772.36 Capital 12,967.80 2010 Hours Repairs Fuel Operating Capital Total 2009 ODD Leaf Vacuum (13)' 141.0 1,324.30 2115 1,347.45 5,428.50 6,775.95 2009 ODB Leaf Vacuum (14)' 140.0 464.83 754.09 1,218.92 5,428.50 6,647.42 Jahn Deere Tractors *' 157.0 90.54 3,239.26 3,329,80 10,901.00 14,230.80 2003 Sterling/Vac-All' 179.0 2,413.68 2,459.63 4,87331 16,167.00 21,040.31 2007 Elgin Sweeper 364.0 902.09 1,296.23 2,198.32 22,286.00 24,484.32 Cost per hour 72.32 2012 981.0 5,195.44 Fuel 7,772.36 Capital 12,967.80 2009 ODD Leaf Vacuum (13)' 60,211.00 551.71 73,178.80 Cost per hour 5,428.50 9,578.54 2009 ODB Leaf Vacuum(14)' 152,0 410.88 3,308.83 3,719.71 5,428.50 9,148.21 74.60 2011 Hours Repairs Fuel 11,091.49 Operating 20035terling /Vac -AII Capital Total 2009 COB Leaf Vacuum (13(' 205.0 173.81 22,643.12 616.25 4.0 790.06 65.12 5,428.50 22,286.00 6,218.56 2009 ODD Leaf Vacuum (14(' 183.0 4,861.27 11,501.99 2,899.06 60,401.49 7,760.33 Cost per hour 5,428.50 13,188.83 John Deere Tractors'* 380.9 3,770.00 3,204.22 TOTAL 6,974,22 10,294.40 17,268.62 2003 Sterling /Vac-AII" 76,0 16,993.59 1,710.09 2010 18,70168 16,167.00 18,865.66 34,870.68 2010 Challenger Sweeper" 483.0 902.09 1,296.23 8,746.78 2,198.32 6,361.45 22,286.00 Equipment operating costs 24,484.32 1,327.9 26,700.76 36,426.61 9,725.85 Equipment capital costs 36,426.61 59,604.40 96,031.01 Cost per hour 72.32 2012 Hours Repairs Fuel Operating Capital Total 2009 ODD Leaf Vacuum (13)' 148,0 551.71 3,598.33 4,150.04 5,428.50 9,578.54 2009 ODB Leaf Vacuum(14)' 152,0 410.88 3,308.83 3,719.71 5,428.50 9,148.21 John Deere Tractors *' 3210 91.37 - 91.37 11,091.49 11,182.86 20035terling /Vac -AII 243.0 1,946.41 4,529.71 6,476.12 16,167.00 22,643.12 2010 Challenger Sweeper" 4.0 - 65.12 65.12 22,286.00 22,351.12 868.0 3 11,501.99 14,502.36 60,401.49 74,903.85 Cost per hour 86.29 TOTAL COSTS 2012 2011 2010 Di rect labor 18,865.66 13,422.23 10,764.58 Indirect labor 8,746.78 6,361.45 5,143.06 Equipment operating costs 14,502.36 36,426.61 12,967.80 Equipment capital costs 60,401.49 59,604.40 60,211.00 Total program costs 102,516.29 115,814.69 89,086.44 -1148% 30.00% Cost per load 317.39 358.56 530.28 Cost perton 135.57 232.23 228.37 Cast per curb mile 175 585.81 661.80 509.07 Cost per block 22800 36.61 4136 31.82 Cost per house 4100 25.00 28.25 21.73 Cost per week '10= 5;'11 &'12 =6 6 17,086.05 19,302.45 17,817.29 I#�,) 1 CITY OF HUTCHINSON MEMO Finance Department December 7, 2012 TO: MAYOR & CITY COUNCIL FROM: JEREMY CARTER, CITY ADMINISTRATOR SUBJECT: CENTER FOR THE ARTS & PUBLIC ARTS COMMISSTION CONTRIBUTION At a council workshop on November 27' the council discussed with members of the Center for the Arts and Public Arts Commission ideas, opportunities, goals, and a framework with which to increase the presence of art within the community. It was discussed that diversifying cultural activities within the community increases the potential impact for creating a stronger downtown presence, provides greater opportunities to increase the numbers of people visiting the City of Hutchinson and provides greater likelihood of positive economic impact. In addition, it creates a greater local and regional presence in fine arts and culture. Both organizations have asked the council to consider being a partner in making these initiatives successful and sustainable. The City of Hutchinson's contribution discussed at the workshop for the "Center for the Arts" was a $15,000 contribution annually over the next three years. The first appropriation of $15,000 can be made by December 31" 2012, the second appropriation by January 15` 2013, and the third by January 15` 2014. In addition, up to an additional $5,000 could be available in 2013 & 2014 as a match to other non -grant fund raising contributions or new memberships in each year, provided supporting documents can be obtained. The funds for these contributions can come out of the Community Improvement Fund. The council also discussed the "Art Walk" concepts with Public Art Commission members and the budgeted amount for this concept was $22.000. This budget would include expenses such as the base pad & construction, lighting, mounting, artist stipends, insurance, advertising, maps, community open house-etc. The concept addressed smaller pieces of art that could be replaced or remain depending on the feedback of the various art works. The council approved through a previous resolution appropriating $25,000 in seed money to the Public Arts Commission for projects. So these dollars are currently sitting in the Public Sites Fund to be used for this purpose. Additionally, the council could elect to equally allocate half of the $22,000 from the Public Sites Fund and Capital Projects fund as well. If there are any questions on this item please let me know. Thanks 1 1 tip) Resource Allocation Committee November 6, 2012 4:00 PM Hutchinson City Center Attendees: Steve Cook, Chad Czmowski, Jeremy Carter, Andy Reid, Kent Exner (Committee Members) Dolf Moon, John Olson, Dan Jochum (Contributing Participants) Meeting Minutes 1. 2013 Improvement Projects — review draft projects list - Kent E. reviewed the draft 2013 Improvements Projects list. Preliminary project limits, scopes and design parameters were discussed for each of the proposed projects. 2. TH 15 /CSAH 115 Roundabout— review project development (staging /phasing, utilities, trail, etc.) - Kent E. reviewed the most recent design information associated with the proposed TH 15 /CSAH 115 roundabout project. Also, discussed was the initial project staging/detour approach. RAC members agreed that the proposes overall staging/detour seemed appropriate, but several individuals indicated that a separate business /local detour utilizing CR 7, South Grade Rd and Main St./TH 15 would be beneficial to the community. In regards to City utilities within this project, RAC members reviewed the potential of extending the trunk water and sanitary sewer mains that are currently stubbed out near Menards to the south about 300 LF across CSAH 115 to the southerly limits of the existing residential properties. 3. South Grade Road Bridge Replacement — review preliminary design, public input and trail extension - Kent E. reviewed the preliminary design of the County's South Grade Road Bridge Replacement project. RAC members agreed that the proposed bridge configuration consisting of a concrete deck with timber outside railings and an interior concrete barrier separating the roadway from the trail seemed appropriate for this area. Also, the concept of providing fishing access concrete steps with an aggregate pathway along the water's edge and under the bridge was reviewed. At this point, a construction timeframe of later in the 2013 season is anticipated. City staff is also currently reviewing the necessary designlconstruction considerations to allow for the implementation of a bituminous trail from Lakewood Drive to the Island View Heights neighborhood in the near future. 4. 2 nd Ave SE Bridge Replacement /Removal /Reuse — review potential of administering a feasibility study - Kent E. reviewed the replacement/removal /reuse alternatives relative to the 2 " Ave. SE bridge. RAC members discussed potential future roadway and trail corridor configurations within the area surrounding this bridge. Kent E. mentioned that MnDOT may have bridge bonding funds available and analyzing the future approach to this bridge facility would be in the City's best interest. Thus, RAC members agreed that initiating a consultant feasibility study to examine all bridge construction/utilization options would be appropriate at this time. 5. Other Discussion - RAC members briefly discussed the potential trail improvements along Jefferson St. SE and Sherwood St. SE. 12ca) Resource Allocation Committee December 4, 2012 4:00 PM Hutchinson City Center Attendees: Steve Cook, Chad Czmowski, Andy Reid, Kent Exner (Committee Members) Dolf Moon, John Olson (Contributing Participants) Meeting Minutes 1. Pavement Management Program Update — review recently prepared system information - John O. reviewed a recent analysis of the Pavement Management Program information prepared by City staff. This examination shows that about 40% of the City's roadway system has been addressed by a maintenance activity, sealcoat or project within the last four years. Also noted was that about 60% of the system could probably be appropriately addressed with maintenance activities into the near future. However, about 40% of the roadways will most likely require a more intense approach such as a millioverly, reclaim or reconstruction project at some point in the future. At this point, City staff estimates that our PMP is arriving at about a 33 -year roadway lifecycle timeframe with currently programmed maintenance and projects. 2. Infrastructure Maintenance Needs —review proposed 2013 expenditures ($250,000) - John O., Dolf M. and Kent E. provided and reviewed an approach to dedicate the anticipated $250,000 Hutchinson Utilities Commission contribution to infrastructure maintenance needs. This approach includes addressing streetlight replacements ($100,000), trail improvements ($75,000) and City Parking Lot B ($75,000). RAC members generally agreed with this approach. However, some discussion occurred regarding the need to use these funds for Parking Lot B when special assessments could be administered and the potential of utilizing a portion of these funds for streetlight pole refurbishing. In the end, RAC members agreed to leave this approach as recommended, realizing that future project discussions will be occurring in early 2013. 3. TH 15 /CSAH 115 Roundabout— review proposed utility extensions plans /costs and street lighting - Kent E. reviewed the current design and staging associated with the TH 15 /CSAH 115 roundabout project. RAC members agreed that proceeding with the extension of trunk water and sanitary sewer mains within this project seemed appropriate. Also, the proposed use of LF,D cobra -style roadway lighting within this project was reviewed. 4. The Greens Trail Agreement— review proposed public trail use arrangement - John O. reviewed the concept of utilizing the existing trail within The Greens residential development as a City facility. RAC members agreed that there are several benefits associated with the City's reconfiguration /utilization of this trail. Thus, City staff will continue to pursue an agreement pertaining to identified improvements, future maintenance and cost sharing that is acceptable to The Greens homeowners' association. 5. Dakota Trail Study — review potential administering of a feasibility study - Dolf M. and Kent E. reviewed the potential administration of a Dakota Trail feasibility study to determine construction limits, design parameters and estimated costs. In early 2013, City staff will consult with McLeod County staff to start the development of this document and begin examining potential funding sources. 6. Other Discussion - Kent E. stated that City staff is currently working with the DNR to remove river sedimentation/aggregate immediately east of the Main St. bridge at the approximate cost of $7,000. - Kent E. mentioned that City staff is currently examining a potential lease financing option for the procurement of the water Treatment Plant reverse osmosis membrane units. - RAC members briefly reviewed the concept of pedestrian crossing flags. City staff will review this options in the near future and provide additional input/recommendations. MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, October 31, 2012 Call to order — 3:00 p.m. President Bordson called the meeting to order. Members present: President Dwight Bordson; Vice President Craig Lenz; Secretary Leon Johnson, Commissioner Monty Morrow, Attorney Marc Sebora; General Manager Michael Kumm. Member absent: Commissioner Anthony Hanson. Approve Minutes of September 26, 2012 Regular Meeting The minutes of the September 26, 2012 regular meeting were reviewed. A motion was made by Vice President Lenz, seconded by Secretary Johnson to approve the minutes. Motion was unanimously carried. At this time, Commissioner Hanson arrived at the meeting: 3:02 p.m. 2. Ratify Payment of Bills for September 2012 The September 2012 payables were discussed. A motion was made by Secretary Johnson, seconded by Vice President Lenz to ratify the payment of bills in the amount of $2,664,967.61 (detailed listing in payables book). Motion was unanimously carried. 3. Approve Financial Statements /Budget Year to Date GM Kumm presented the September 2012 financial statements /budget year -to- date. After discussion, a motion was made by Commissioner Hanson, seconded by Vice President Lenz to approve the financial statements /budget year -to -date. Motion was unanimously carried. 4. City Update on Solar Project City Administrator Carter reviewed the history of the solar project the City is considering. City Council approved the costs to hire a grant writer to write a grant to help pay towards the potential project. 5. Approve 2013 Health Insurance GM Kumm presented the comparative analysis Jan Sifferath performed between Westlund Associates, Associated Financial Group and Wells Fargo. Staff recommendation is to remain with Westlund Associates for calendar year 2013 as Westlund negotiated a 2% reduction in the insurance premium. The Board commended Jan on a job well done with this negotiation. A motion was made by Commissioner Morrow, seconded by Secretary Johnson to remain with Westlund Associates for calendar 2013 health insurance. Motion was unanimously carried. (Comparative Analysis attached.) 6. Approve the Authorization to Negotiate the Capacity Contract with Dairyland Power Cooperative GM Kumm presented the annual cash flow of the initial proposal sent to Dairyland Power Cooperative. HUC made Dairyland's short list. A motion was made by Vice 1 12ca) President Lenz, seconded by Secretary Johnson to approve the authorization to negotiate the Capacity Contract with Dairyland Power Cooperative. Motion was unanimously carried. (Annual Cash Flow sheet attached.) 7. Approve Capacity Agreement with Southern Minnesota Municipal Power Agency GM Kumm presented the Capacity Agreement with Southern Minnesota Municipal Power Agency. After discussion, a motion was made by Vice President Lenz, seconded by Commissioner Hanson to approve the Capacity Agreement with Southern Minnesota Municipal Power Agency. Motion was unanimously carried. (Capacity Agreement attached.) 8. Communication from the City Administrator City Administrator Carter provided the following update: • City working on updating their long -range planning documents • They are in the early stages of updating the downtown plan in conjunction with EDA projects to spur City growth • Working on general fund budget which will be adopted in December • Water and sewer along with enterprise funds will be discussed at the next City workshop; most funds are looking stable • In an effort to control costs, reviewing different vendor software for financial systems 9. Division Reports Gas — John Webster • Meeting with Mike Kumm and Mid Continent regarding natural gas wells. • Meeting with GRE in a couple weeks regarding mitigation study on pipeline. Business — Jan Sifferath • Great turnout at the HUC Open House. Vice President Lenz congratulated all HUC employees on a job well done during the Open House. • Working on changing dental and long -term disability from self- insured to fully - insured plans to reduce premiums. • Jon Guthmiller and Ryan Ellenson gave presentations to second graders this week. • Gone next week at Advanced Utility Systems conference. Electric — Steve Lancaster • Firing up unit 5 first week in December • Emissions performance testing December 13 and 14 Finance — Jared Martig • Last Monday, LOGIS's software upgrade went "live" GM Kumm handed out the 2012 Action Plan and explained its significance N �ycb) 10. Legal Update Nothing to report Unfinished Business • Update from City Attorney on Patent for the Real -Time Auto - Suggestion for Nodal Delivery in Energy Networks Attorney Sebora reported meeting set up for this Friday with GM Kumm and Dave Fairbairn to discuss the technical information regarding the patent. • Discuss Credit Card Payments Jan Sifferath discussed trying to get utility interchange program going which will result in a substantial decrease in credit card processing fees. Jan will continue to work on this. • Discussion Regarding Pre -Pay for Natural Gas GM Kumm reported the market started to change again and the previously interested parties are not interested anymore. • PILOT GM Kumm handed out cash flows and combined income statement explaining there were issues with the 2.75% formula for the transfer in 2008 and expressed the importance of reviewing these issues and creating solutions before making any decisions on adjusting the formula. New Business The Board discussed consideration of changing the rebate program to a year- long program. The current program dollars are available on first come, first serve basis until the funds run out. Jan Sifferath will research and bring recommendations back to the Board. There being no further business, a motion was made by Vice President Lenz, seconded by Commissioner Hanson to go into closed session at 4:20 p.m. to conduct the performance review of Hutchinson Utilities Commission General Manager. Leon Johnson, Secretary ATTEST Dwight Bordson, President 3 17'�) MINUTES Parks, Recreation & Community Education Advisory Board November 5, 2012 Members present were John Rodeberg, Mary Christensen, Elizabeth Hanninen. Eric Opland and Troy Scotting. Also present were Dolf Moon and Karen McKay. The meeting was called to order at 5:15 pm. A motion was made by John Rodeberg and seconded by Mary Christensen to approve the minutes dated October 1, 2012 The board unanimously agreed. OLD BUSINESS Facility Improvements • The refrigeration system at the Civic Arena is going to be replaced with either a commercial system or an industrial system. One advantage with the industrial system is that it could service both rinks. One compressor was replaced this year which was covered by insurance. A system is comprised of multiple compressors. • The Library roof replacement is complete. • The Liquor Store roof replacement has begun. • The Event Center roof replacement will begin soon. Luce Line Trail —The paving project of the Luce Line Trail is moving forward and will be funded by contributions from the City, County and DNR, and other sources. Bandstand West River - The council approved spending up to $35,000 for the construction of a permanent cover for the bandstand at West River Park. Actual cost could be up to $75,000. Parkland dedication money and community donations could make up the difference. Depot Update —The MPCA inspected the site and determined that the soil was contaminated. Estimated cost for excavating the soil and replacing it is $900,000. Since this site is zoned commercial and not residential, the soil can be covered with bituminous for approximately half of this cost. Miles Seppelt has applied for a grant to help cover this cost. NEW BUSINESS Mountain Biking Course -- The mountain biking course is located adjacent to the skateboarding park. There are 7 features in the obstacle course with more being planned. There are three lines: beginner, intermediate, and extreme. There has been $500 in donations received for this park. Fall Programs — The board received updated fall registration program figures. Senior Center • The City Council has decided to re -open the Senior Center on Fridays. The estimated $13,000 cost to do this will be offset by an increase in some senior activity fees. • As compared to 2012, there are eight more wedding receptions scheduled for 2013. vkcc,) PRCE Advisory Board November 5, 2012 Page two Comprehensive Plan/Downtown Plan — Meetings are scheduled to review preliminary drafts of the Comprehensive Plan/Downtown Plan. A final draft should be complete in March 2013. Dan Jochum could do a presentation to the PRCE board regarding this plan. BOARD MEMBER ITEMS Roberts Park - Eric Opland inquired whether the playground equipment and shelter at Roberts Park that has been removed will be replaced. Dolf responded that there is no funding available for this and that the high water table in the park is an ongoing problem. ADJOURNMENT The meeting was adjourned at 6:16 pm by a motion made by Troy Scotting and seconded by John Rodeberg. The Board unanimously agreed.