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cp08-08-1989 cHUTCH INSON CITY CJ1LENDAR WEEK OF I _Lu"sk.,6 -TO �nGt 1.2 , VIEDN ESDAY -9- 10:00 A.M. - Directors Meeting at City Hall K e e p y o u r SUNDAY -6- THURSDAY -16- MONDAY -7- 8:30 A.M. - Youth U011ter Hoard of Directors Meet- ing at "Dry Dock" 8:00 P.M. - Fire Department Meeting at Fire Station R/a FRIDAY -ll- TUESDAY -a -' 11:00 A.M. - Open 1989 . G.O. Imp. Bond Bids at City Hall 7:30 P.M. - City Council Meeting at City Hall SATURDAY -12- VACATION: KEN MERRILL - August 7 GARY PLOTZ - August 9 -11 JO RUNKE - August 7 -11 AGENDA i REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 8, 1989 1. Call to Order - 7:30 P.K. 2. Invocation - Rev. Manley Swarthout, Calvary Wesleyan Church 3. Consideration of Minutes - Bid Opening of July 11, 1989; Regular Meeting of July 11, 1989 and July 25, 1989; Public Hearing of July 26, 1989 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions I. Building Official's Report - July 1989 2. Hospital Board Minutes of June 20, 1989 3. Airport Commission Minutes of July 24, 1989 4. Planning Commission Minutes of July 18, 1989 • 5. Park & Recreation Board Minutes of June 28, 1989 (b) Applications for Licenses: 1. Cigarette License for Eastern Star (McLeod County Fair) 2. Non- Intoxicating Malt Liquor License for St. Anastasia Church's Fall Fair 3. Gambling Devices License for St. Anastasia Church's Fall Fair 4. Bingo License for St. Anastasia Church's Fall Fair 5. Gambling Devices License for VFW Cooties Auxilliary 6. Retail On -Sale Non- Intoxicating Malt Liquor License for McLeod County Agriculture Assn. (McLeod County Fair) (c) Reduced Refuse Rate for Senior Citizen Action - Motion to order report and minutes filed, issue licenses and approve reduced rate 5. Public Hearing - 8:00 P.M. NONE 1 CITY COUNCIL AGENDA - AUGUST 8, 1989 • 6. Communications. Requests and Petitions (a) Presentation by Donohue & Associates On One -Year Certification of Wastewater Treatment Plant Action - (b) Communication from Deane E. Dietel Regarding Assessments for Lot On Carlisle Street Action - ..7, Resolutions And Ordinances (a) Ordinance No. 89 -04 - An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In The City Of Hutchinson And The Official Zoning Nap (Faith Lutheran Church Property) Action - Notion to reject - Notion to waive second reading and adopt (b) Ordinance No. 89 -05 - An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In The City Of Hutchinson And The Official Zoning Nap (Mobile Home Park) • Action - Notion to reject - Motion to waive second reading and adopt (c) Resolution No. 9057 - Resolution For Bankruptcy Proceedings For Dakota Rail Action - Motion to reject - Notion to waive reading and adopt (d) Resolution No. 9058 - Authorizing Establishment Of Youth Center Special Revenue Fund And Transferring Of $12,500 From General fund Action - Motion to reject - Motion to waive reading and adopt (e) Resolution No. 9059 - Resolution Accepting State Wastewater Treatment Plant Grant Action - Motion to reject - Motion to waive reading and adopt (f) Resolution No. 9061 - Resolution For Purchase Action - Motion to reject - Motion to waive reading and adopt (g) Ordinance No. 89 -06 - Ordinance Regulating Pools And Spas Within City of Hutchinson Action - Motion to reject - Motion to waive first reading and set • second reading August 22, 1989 2 CITY COUNCIL AGENDA - AUGUST 8, 1989 • 8. Unfinished Business Hone 9. Yew Business (a) Consideration of Awarding Bid for $1,250,000 G.O. Improvement Bonds of 1989 Action - Notion to reject - Notion to approve and award sale - Motion to waive reading and adopt Resolution Yo. 9060 (b) Consideration of Including Civic Arena In Cost -Share ?Taxi Audit Grant Action - Motion to reject - Notion to approve (c) Consideration of City Administrator Attending City Administrators And Managers Conference Action - Motion to reject - Motion to approve 10. Miscellaneous • (a) Communications from City Administrator 11. Claims, Appropriations And Contract Payments (a) Verified Claims Action - Notion to approve and authorize payment from appropriate funds 12. Adjournment 3 9 F_ I L MINUTES BID OPENING TUESDAY, JULY 11, 1989 City Administrator Gary D. Plotz called the bid opening to order t 2;00 P.M. Also present were Consultant Engineer Marlow V. Priebe, Administrative Secre- tary Marilyn Swanson, and Laurie Pearson of Design Dimensions. The reading of Publication No, 4006, Advertisement for Bids On Letting No. 5, Project No. 89 -15, was dispensed with. The following bids were opened and read: Quam Construction Co. Willmar, MN $1,451,608.82 Progressive Contractors, Inc. Osseo, MN 1,341,114.10 Latour Construction Maple Lake, MN 1,409,600.90 Barbarossa & Sons, Inc. Osseo, MN 1,425,004.56 Duininck Bros., Inc. Prinsburg, MN 1,328,905.67 The reading of Publication No. 4007, Advertisement for Bids On Letting No. 6, Project No. 89 -04, was dispensed with. The following bids were opened and read: Siehndel Construction Le Sueur, MN Hanson & Vasek Construction Hutchinson, MN $37,215.00 - A 37,793.00 - B 12,666.80 - C 36,120.00 - A 36,195.00 - B 13,959.00 - C The reading of Publication No, 4007A, Advertisement for Bids, Resident Room Reno- vation for Burns Manor Municipal Nursing Home, was dispensed with. The follow- ing bids were opened and read: SECTION I - FLOORCOVERING Lundeen Floor Covering Cokato, MN $34,379.00 Waldo's Custom Carpets Hutchinson, MN 43,030.00 (Deduct $1,290) 1 of• BID OPENING - JULY 11, 1989 SECTION II - WALLCOVERING /PAINTINGAISC, R & H Painting, Inc. • Cokato, MN 35,820.00 Chet Maki Painting Hutchinson, MN 38,935,00 SECTION III - WINDOW TREATMENTS /PRIVACY CUBICLES/BEDSPREADS Lintex Corp. $27,172.26 (1) $22,305.86 $4,298.58 Minneapolis, MN 24,776.77 (2) SECTION IV - FURNITURE No Bids SECTION V - ELECTRICAL A & B Electric Hutchinson, MN 21,085.00 Quade's Electric • Hutchinson, MN 29,000.00 The bids were referred for review. The bid opening adjourned at 2:20 P.M. 41 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 11, 1989 i. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, Marlin Torgerson and Pat Mikulecky. Also present: City Administrator Gary D. Plotz, Consultant Engineer Marlow V. Priebe and City Attorney G. Barry Anderson, 2. INVOCATION The invocation was given by the Reverend Dan Cloeter. 3. MINUTES The minutes of the regular meeting of June 27, 1989 were approved as amended; and the Board of Review Minutes of June 27, 1989 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS • 1. BUILDING OFFICIAL'S REPORT - JUNE 1989 2. LIBRARY BOARD MINUTES OF JUNE 22, 1989 3. HOSPITAL BOARD MINUTES OF MAY 16, 1989 (b) REQUEST FOR USE OF LIBRARY SQUARE FOR ARTS & CRAFTS FESTIVAL ON SEPTEMBER 15 -16, 1989 The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to order report and minutes filed and approve request. 5. PUBLIC HEARING - 8:00 P.M. (a) ASSESSMENT ROLL NO. 251 - LETTING 10. 4, PROJECT NO. 89 -05, 89 -06, 89 -07 And 89 -12 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publi- cation No. 4009. No one was present to be heard on the project. Ald- erman Torgerson moved to close the hearing at 8:03 P.M. Motion sec- onded by Alderman Mikulecky and unanimously carried. The motion was made by Alderman Torgerson, seconded by Alderman Carls and unanimously carried, to approve and adopt Assessment Roil No. 251, award the contract to Mid Minnesota Hot Mix in amount of $83,634.56, and to waive readings and adopt Resolutions No. 9040 and No. 9041. 1 � CITY COUNCIL MINUTES - JULY 11, 1989 • (b) ASSESSMENT ROLL 90. 243 -A - LETTING NO, 6, PROJECT NO. 88 -11 Mayor Ackland called the hearing to order at 8:04 P.M. and read Publi- cation No. 4010. No one was present to be heard on the project. Ald- erman Carls moved to close the hearing at 8:05 P.M. Motion seconded by Alderman Mlinar and unanimously carried. The motion was made by Alderman Carls, seconded by Alderman Mlinar and unanimously carried, to approve and adopt Assessment Roll No. 243 -A and to waive reading and adopt Resolution No. 9042. 6. COMMUNICATIONS. REQUEST AND PETITIONS (a) STATUS REPORT ON LEASE AGREEMENT FOR YOUTH CENTER (DEFERRED JUNE 27) Attorney Anderson reported on the terms in the proposed youth center lease agreement, and discussion followed. Mr. Jim Mills commented that the manager position would be advertised if the lease agreement was ap- proved. It was suggested that workman's compensation coverage be pro- vided for the person who will be the youth center manager. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and enter into an agreement with Tom Dolder (landlord) for a • six -month period as stated. Motion carried four to zero, with Alderman Mikulecky abstaining from voting. (b) REVIEW OF GATE IN ALLEY WEST OF ADAMS STREET BETWEEN FOOD 'N FUEL AND FIFTH AVENUE SOUTHEAST Mr. Otto Rettig, 516 Adams, commented that a racing car had been moved through the gate area. One individual drives down the alley from the south to the north and drives over the railroad ties. He reported that 90% of the traffic had disappeared since the fence /gate was in- stalled. Also, the alley had been graded and was in better condition now than in previous years. Mr. Rettig questioned whether the combin- ation to the padlock had been given out. It was his suggestion to put a sign at the end of the alley and remove the white board sign and re- place it with a "dead end" sign placed lower down. Mr. Tom Pessek, 554 Adams, stated he had the referenced racing car in his garage. Since the gate is located on his property, be has diffi- culty getting out of his garage. He liked the gate to reduce traffic but would like to have it moved to the north side of his line so that he could get out the other way. Mr. Pessek expressed concern about someone getting hurt on the railroad ties located alongside the gate. Following discussion, Alderman Torgerson made the motion to move the gate to the north end of Tom Pessek's property and to make fence line solid on both ends of the gate. Motion seconded by Alderman Mlinar and unanimously carried. Is 2 • CITY COUNCIL MINUTES - JULY 11, 1989 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION N0. 9034 - RESOLUTION FOR PURCHASE The motion was made by Alderman Carls, seconded by Alderman Mlinar and unanimously carried, to waive reading and adopt Resolution. (b) RESOLUTION NO. 9035 - RESOLUTION ACCEPTING $112,500 FROM THE HUTCHINSON UTILITIES COMMISSION The motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to waive reading and adopt Resolution. (c) RESOLUTION NO. 9037 - RESOLUTION FOR RELEASE AND SUBSTITUTION OF PLEDGED SECURITIES FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION, HUTCHINSON, MINNESOTA The motion was made by Alderman Carls, seconded by Alderman Mlinar and unanimously carried, to waive reading and adopt Resolution. (d) RESOLUTION NO. 9038 - RESOLUTION TO ESTABLISH CITY FEES /CHARGES, ETC. • The motion was made by Alderman Carls, seconded by Alderman Mlinar and unanimously carried, to waive reading and adopt Resolution by reference of all previous charges and fees, (e) RESOLUTION NO. 9039 - RESOLUTION CONTINUING THE EFFECT OF PARKING AND TRAFFIC REGULATIONS The motion was made by Alderman Carls, seconded by Alderman Mlinar and unanimously carried, to waive reading and adopt by reference prior traffic regulations. 8. UNFINISHED BUSINESS (a) REPORT ON BREAKDOWN OF TAXES FOR MCLAUGHLIN PROPERTY Attorney Anderson reported on the McLaughlin property tax issue. Fol- lowing discussion, it was suggested that the outstanding $1,500 assess- ment fee be split 50/50 between the City and HRA. The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar and unanimously carried, that the HRA assume one -half of the amount owing and the City one -half. 9. NEW BUSINESS (a) CONSIDERATION OF RE- ESTABLISHING BUILDING PERMITS AND FEES FOR • RESHINGLING AND RESIDING Following discussion, Alderman Carls moved to require permits to be 93 taken out on both and a permit fee of $20 on residing and no fee on shingling. Motion seconded by Alderman Torgerson and unanimously • carried. (b) CONSIDERATION OF RETAINAGE REDUCTION FOR ROBERT L. CARR CO. FROM $10,000 TO $5,000 CITY COUNCIL MINUTES - JULY 11, 1989 The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the reduction with recommended stipulations, (c) CONSIDERATION OF SANITARY SEWER HOOK -UP TO TARTAN PARK CONCESSION STAND Following discussion, Alderman Carls moved to approve the estimated book -up cost of $1,256 to be taken out of the Park & Recreation Depart- ment budget, if available, or out of contingency fund. Notion seconded by Alderman Mlinar and unanimously carried. (d) CONSIDERATION OF PURCHASE OF NEW RADAR EQUIPMENT FOR POLICE DEPARTMENT The motion was made by Alderman Mikulecky, seconded by Alderman Mlinar and unanimously carried, to approve the $1,790 purchase. (e) CONSIDERATION OF DESIGNATION FOR BICYCLE AUCTION RECEIPTS • Police Chief Madson recommended that the proceeds of $1,187 from the annual bicycle auction be allocated as follows: $750 for items of equipment for the Police Reserves, $250 for carpeting in conference area, and $125 for marker board in conference room. The motion was made by Alderman Torgerson, seconded by Alderman Carls and unanimously carried, to approve designation of receipts. (f) CONSIDERATION OF SALE OF $1,250,000 GENERAL OBLIGATION 1989 IMPROVEMENT BONDS Mr. Bill Fahey, Ehlers & Associates, presented a report on the G.O. improvement bonds. He stated the amount had been reduced from $1,525,- 000 to $1,250,000. The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky and unanimously carried, to approve the bond sale, open bids on August 8, 1989 at 11:00 A.M., and waive reading and adopt amended Resolution No. 9035. (g) DISCUSSION OF 1990 TAX LEVY AND CITY BUDGET Finance Director Merrill reported on the vetoed tax bill and the bud- geting process. Since the tax levy would be set for October 1, it was his recommendation to wait until that date and hold budget hearing(s) is after October 1 deadline. No action was taken. 4 0 CITY COUNCIL MINUTES - JULY 11, 1989 (h) CONSIDERATION OF STATE AID FOR AIRPORT MAINTENANCE AID OPERATION The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son and unanimously carried, to approve and enter into agreement, waive reading and adopt Resolution No. 9036. (i) CONSIDERATION OF PURCHASE AGREEMENT FOR HELLAID PARK PROPERTY The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky and unanimously carried, to approve and enter into a purchase agreement for parkland with Triple H 8 0 Partnership. (j) CONSIDERATION OF WORKSITE AGREEMENT WITH HEARTLAND COMMUNITY ACTION AGENCY The motion was made by Alderman Mlinar, seconded by Alderman Carls and unanimously carried, to approve the worksite agreement. (k) CONSIDERATION OF APPLYING FOR MAXI -AUDIT ON CITY HALL AND OLD FIRE STATION The motion was made by Alderman Carls, seconded by Alderman Torgerson 40 agreement. unanimously carried, to approve application for a maxi -audit grant agreement. (1) CONSIDERATION OF AGREEMENT WITH DAN HUDSON REGARDING DRIVE - THROUGH WIADOW AT "SUBWAY" The motion was made by Alderman Mikulecky, seconded by Alderman Torger- son and unanimously carried, to approve and enter into a right -of -way agreement. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls stated the Hospital Board would like to hold a joint meeting with the City Council sometime in August to update them on the hospital's expansion plans. It was the consensus of the Council to meet on August 9, 5:00 P.M., at the hospital. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar inquired about the status of advertising for a City En- gineer. Administrator Plotz reported an ad was placed in the League of Cities publication in June, as well as in other publications. To date the City has received seven applications. • (c) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson stated a resident had a concern about chemicals 5 CITY COUNCIL MINUTES - JULY 11, 1989 • being emitted into the air from mosquito spraying. He suggested the bridge approach on School Road be cleaned up as the willows and sumac growing in the area makes it look bad. (d) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky inquired about an appointment to the Burns Manor Nursing Home Board to fill a vacancy on the board. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated he had received a request for the use of the temporary bridge on Hwy. 22 South. It was reported that Hands, Inc. will celebrate its 25th anniversary on August 6. The Mayor requested that a Council representative be pres- ent. Also, he mentioned that this non - profit organization had spent $125 for a brochure to adverise their open house. The Mayor suggested that the City pay for the cost of the brochure. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS • The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMETN There being no further business, the meeting adjourned at 9:20 P.K. u R MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 25, 1989 i. The meeting was called to order by Mayor Ackland at 7:30 p.m. The following were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, Marlin Torgerson and Pat Mikulecky. Also present: City Administrator Gary D. Plotz, Consultant Engineer Marlow V. Priebe and City Attorney G. Barry Anderson. 2. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES NONE 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JUNE 1989 • 2. PLANNING COMMISSION MINUTES OF JUNE 20, 1989 3. POLICE CIVIL SERVICE COMMISSION MINUTES OF JULY 12, 1989 (b) THREE SHORT -TERN NON- INTOXICATING MALT LIQUOR LICENSES FOR HUTCHINSON HUSKIES BASEBALL ASSOCIATION (c) BINGO LICENSE FOR VFW (d) APPOINTMENTS (1) BURNS MANOR BOARD - Roger Gilmer (2) DOWNTOWN CHRISTMAS LIGHTING COMMITTEE - Jay Beytien, Larry Dostal, Jay Alrick, Dolf Moon and Paul Ackland Motion was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously to order report and minutes filed, issue licenses and ratify appointments. 5. PUBLIC HEARING NONE • 1 ✓. CITY COUNCIL MINUTES - JULY 25, 1989 • 6. COMMUNICATIONS REQUESTS AND PETITIONS (a) PRESENTATION BY CHARLES BAILLY & CO. ON 1988 FINANCIAL REPORT Charles Bailly summarized the financial report and management letter, In discussion of the fire department country account, he stated that if the Council wishes to include it in the financial report in future years, the Council should act on a motion to that effect. No formal action was taken at this time. (b) CONSIDERATION OF REQUEST FOR STREET REPAIR ON OSGOOD AVENUE In response to a resident's request, Engineer Priebe stated that storm sewer will be needed in the area and that the City should look at that project in the spring of 1990. Meanwhile, minimal street repairs are being done, Engineer Priebe was directed to call the resident and explain the situation. (c) CONSIDERATION OF REQUEST FOR ASSISTANCE OF $500 FOR LANDSCAPE STUDY FOR MAINSTREET PROJECT After discussion, motion was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously to honor the request and • appropriate the funds from the contingency fund. (c- i)DISCUSSION OF CROSSWALK PROPOSALS FOR XAINSTREET & FIRST AVENUE SO In response to requests for safety controls at the Main Street crosswalk, Mainstreet Project representatives were informed that the police are issuing warnings to motorists. MN/DOT allows some variation in striping, but only in the color white. The City will check into the possibility of flashing lights at the crosswalk. (d) UPDATE ON HUTCH HOTEL PROJECT Report by Small Cities Coordinator Connie Mangan indicated that feasibility study would again be done to assure appropriate use of HUD funding. The present 1991 deadline could possibly be extended. A follow -up report will be prepared for the second meeting in August. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION 10. 9043 - RESOLUTION IDENTIFYING CONGESTED TRAFFIC AREAS Motion was made by Alderman Carle, seconded by Alderman Mikulecky and carried unanimously to waive reading and adopt resolution. (b) RESOLUTION NO. 9044 - RESOLUTION ENTERING INTO CONTRACT WITH MN /DOT FOR 1990 TRANSIT GRANT 2 r1 lJ CITY COUNCIL MINUTES - JULY 25, 1989 Motion was made by Alderman Mikulecky, seconded by Alderman Torgerson and carried unanimously to waive reading and adopt resolution. (c) RESOLUTION N0. 9045 - RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR SIDEWALK PROJECT - LETTING NO. 6, PROJECT 89 -04 After discussion, motion was made by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously to waive reading and adopt resolution. (d) RESOLUTION NO. 9046 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES AT CLIFTON HEIGHTS Motion was made by Alderman Carls, seconded by Alderman Torgerson and carried unanimously to waive reading and adopt resolution. (e) RESOLUTIONS TO ENTER INTO COOPERATIVE AGREEMENTS WITH MN /DOT FOR HIGHWAY PROJECTS (1) Resolution No. 9047 - T.H. 15 • (2) Resolution No. 9048 - T.H. 7 Motion was made by Alderman Torgerson, seconded by Alderman Carls and carried unanimously to waive reading and adopt resolutions. (f) CONSIDERATION OF STATE PROPOSED CONTRACT FOR HWY 15 TURN LANE After discussion, the proposed contract was deferred indefinitely on a motion by Alderman Mikulecky, seconded by Alderman Mlinar and carried unanimously. Engineer Priebe was instructed to communicate with MN /DDT regarding options. (g) RESOLUTION NO. 9051 - RESOLUTION FOR PURCHASE Motion was made by Alderman Mlinar, seconded by Alderman Carls and carried unanimously to waive reading and adopt resolution. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF COMMUNICATION FROM DONOHUE CONCERNING PART 1 OF DOWNTOWN SPRINKLER SYSTEM The matter was deferred until August for staff study on a motion by Alderman Mlinar, seconded by Alderman Mikulecky and carried unanimously. • 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS 3 CITY COUNCIL MINUTES - JULY 25, 1989 • Motion was made by Alderman Mikulecky, seconded by Alderman Mlinar to authorize discontinuation of service. (b) CONSIDERATION OF AWARDING BIDS FOR BURNS MANOR RENOVATION Motion was made by Alderman Mlinar, seconded by Alderman Torgerson and carried unanimously to award bids for Burns Manor Renovation as recommended by Design Dimensions. (c) CONSIDERATION OF HUTCHNOBILE FOR TRANSPORTATION TO CITY YOUTH CENTER After discussion, motion was made by Alderman Carls, seconded by Alderman Torgerson and carried unanimously to approve use of Hutchmobile for a 4 week trial for youth center use, with local cost to be paid by non -City donations to the center. (d) CONSIDERATION OF AGREEMENT W/ D.J. ENTERPRISES FOR CURBSIDE RECYCLING Motion was made to approve agreement by Alderman Carls, seconded by Alderman Torgerson and carried unanimously. (e) CONSIDERATION OF STATE AWARD TO CITY RE CONDEMNATION OF PROPERTY ON HWY 22 SOUTH • Motion to approve and accept award was made by Alderman Torgerson, seconded by Alderman Mlinar and carried unanimously. (f) CONSIDERATION OF REVISED MAINTENANCE AGREEMENT BETWEEN CITY AND STATE OF MN FOR LANDSCAPE PLANTINGS ON HIGHWAY RIGHT OF WAY Motion was made to approve, enter into agreement, waive reading and adopt Resolution 9052, by Alderman Torgerson, seconded by Alderman Mikulecky and carried unanimously, (g) CONSIDERATION OF REQUEST FROM SHINGOBEE BUILDERS TO BARRICADE SIDEWALK AND PARKING SPACE IN FRONT OF HUTCHINSON LEADER FOR CONSTRUCTION Request was approved on a motion by Alderman Mlinar, seconded by Alderman Mikulecky and carried unanimously. (h) CONSIDERATION OF REVISED SITE PLAN SUBMITTED BY ROBERT HORNICK WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION City Attorney Anderson and Engineer Priebe reported that staff recom- mends closing two entrances and requiring 15 feet of green space at the street; however, this is not a requirement. After discussion, motion was made by Alderman Torgerson to approve the site plan as presented, except to add the required buffer zone to the north. Motion was sec- • onded by Alderman Mikulecky and approved unanimously. 4 CITY COUNCIL MINUTES - JULY 25, 1989 0 (i) CONSIDERATION OF REZONING PROJECT REQUESTED BY FAITH LUTHERAN CHUURCH FROM R -2 TO C -3 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Carls to approve, waive first reading of Ordinance 8904 and set second reading for August 8. Seconded by Alderman Mlinar, it carried unanimously. (j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY NEIL JENSEN FOR GARAGE ADDITION AT 518 2ND AVE SW WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Motion was made by Alderman Mlinar, seconded by Alderman Mikulecky and carried unanimously to approve, waive reading and adopt Resolution No. 9049. (k) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF CLASSIC CIRCLE ADDITION REQUESTED BY JUNE REDMAN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following staff discussion that the subdivision agreement is needed by August 8, motion was made by Alderman Mikulecky to approve, waive reading and adopt Resolution No. 9050. Seconded by Alderman Mlinar, is it carried unanimously. (1) CONSIDERATION OF REZONING FROM R -5 TO R -2 PROPERTY ON WATER STREET REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION. Motion was made by Alderman Torgerson to approve, waive first reading of Ordinance 8905 and set second reading for August 8. Seconded by Alderman Mlinar, it carried unanimously. (m) ITEM DELETED (n) CONSIDERATION OF COMMUNICATION FROM PARK AND RECREATION BOARD CONCERNING LIONS CLUB HALLOWEEN PARTY The Council took no action, and encouraged the Park and Recreation Board and Lions Club work out the arrangements. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM THE CITY ADMINISTRATOR City Administrator Plotz reported that interviews for Youth Center Director will be conducted next week. A Holland Baseball Team is being hosted during July by the Parks and • Recreation Department as a good will tour, paid for by the visitors. 5 CITY COUNCIL MINUTES - JULY 25, 1989 41] 0 Consulting firm will be meeting with city hall staff concerning remodeling needs for the building. A citizen request for an ordinance to fence swimming pools will be dealt with at the next planning commission meeting, to be forwarded to the council. (b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS Alderman Carls reported that the hospital board will be holding a planning meeting jointly with the city council at a date to be arranged. (c) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar asked what progress is being made to remove dirt pile from property on South Grade Road. Engineer Priebe will check to try to locate owner. (d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson discussed problem with tall weeds on property being developed. • He discussed the necessity for positive relations with citizens on proposed developments within the city. (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky discussed problem with weeds on property being developed and stated that some city -owned park areas have gone unmowed during this season. (f) COMMUNICATIONS FROM CITY ATTORNEY BARRY ANDERSON Attorney Anderson recommended the Council adopt a resolution requesting the bankruptcy trustee to resolve the situation with the Dakota Rail, since the success of the rail is important to the City. He will develop resolution for adoption on August 8. (g) COMMUNICATIONS FROM CONSULTANT ENGINEER MARLOV PRIEBE Engineer Priebe reported application deadline has passed for engin- eers and approximately four candidates may be interviewed. Date of August 14 was set for the interviews, beginning at 5:30 p.m. in hospital conference room. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS • (a) VERIFIED CLAIMS 0 • • LJ CITY COUNCIL MINUTES - JULY 25, 1989 Motion was made by Alderman and unanimously carried to appropriate funds. 12. ADJOURNMENT Torgerson, seconded by Alderman Mikulecky approve and authorize payment from the There being no further business, the meeting adjourned at 9:35 p.m. VA MINUTES PUBLIC HEARING - HUTCHINSON CITY COUNCIL WEDNESDAY, JULY 26, 1989 The public hearing for Letting No. 5 was called to order by McYor Pau! Ackland at 7.00 p,m, in the Hutchinson High School Auditorium, Present were Mayor Ackland, Aldermen Mike Caris, John Mlinar and Fat Mkulecky, Absent - Alderman Marlin Torgerson. Also present were City Engineer Marlow Priebe and City Administrator Gary Plotz. Mayor Ackland reviewed the guidelines for deferred assessments for senior citizens and the options for payment of assessments. He then read the notice for the hearing for Assessment Roll No. 252 - Bluff Street. He called for comments from the audience. VERNON ANDERSON, 635 Hiiicrest Questioned lot size and cost. (The legal description was clarified for him.) CHERYL DOOLEY, 658 Bluff Street Stated storm sewer assessment is agreeable, but opposes curb /gutter and street assessment as being out of proportion to benefit. Property consists of one large lot and one small pie - shaped lot. • ARTHUR BJERKE, 575 Bluff Street Questioned easements and amount of interest to be charged. Asked why street must be widened. (City Engineer reviewed County -State Aid street requirements.) ROBERT MCGEE, 173 5th Avenue NE Objected to having to pay for project before it is completed. LIDA BLOCK, 620 Bluff Street Objected to having to pay for project before it is completed. ETHEL KLIMA, 647 Bluff Street Asked what would be the interest rate for seniors who do not qualify for deferred assessment. (Same as for others - approximately 6 1 /2%.) ELIZABETH FELSKA, 632 Bluff Street Questioned whether there would be credit for previous assessments, since she had been assessed for storm sewer lines 26 years ago. CAROL ROSCH, 194 5th Avenue NE Stated she should be given credit for storm sewer assessment paid 26 years ago. Objected to the fact that people had been allowed to build on county ditch 18. BOB BOWEN, 216 5th Avenue NE Felt some assessments are excessive. Can 50% be paid now and 50% on • completion? (Response - the permitted methods of payment do not include this option.) 1 3. MINUTES - PUBLIC HEARING - JULY 26; 1989 • UNIDENTIFIED MAN, 5th Avenue NE Asked if anything would be done on 5th Avenue NE and other streets besides Bluff. (Engineer responded that storm sewers and other work would be done.) Stated he feels the optional payment methods are not clearly understood. (Mayor reviewed the options again.) MICHAEL SMITHERS, 262 6th Ave AE Asked if any property south of Hwy 7 is being assessed. (Response - yes.) Asked if Rockite Silo is being equally assessed. (Response - yes, under name of Mille Lacs Aggregate.) BOB BOWEN Asked if assessments against property will increase property taxes in the future. (Response - very little, according to county assessor.) Asked if truck traffic will be rerouted elsewhere after 5th Avenue NE is resurfaced. (Response - no - that route is designated for truck traffic. Future rebuilding will be to truck traffic tonnage.) ARTHUR BERKE, 575 Bluff Street • Stated that a traffic light is needed on the Hwy 7 - Bluff Street intersection. (Response - state will be doing this in 1990.) There being no further comments, Mayor Ackland read into the record letters of objection received from John Beckman, 667 Bluff Street and Sylvia Mielke, 593 Carlisle. The bearing was closed at 8 p.m. on a motion by Alderman Mikulecky, seconded by Alderman Mlinar and carried unanimously. Engineer Priebe recommended that credit for previous storm sewer assessments be given to Lida Block and Elizabeth Felska; that corrections be made to the John Beckman assessment; and that a portion (12800) of the assessment be deferred on the Dooley property, to be activated at such time as the property would be subdivided. Assessment Roll No. 252 was adopted to include the recommendations of the City Engineer per Resolution No. 9053, on a motion by Alderman Carls, seconded by Alderman Mlinar and carried unanimously. Mayor Ackland read the notice for hearing on Assessment Roll No. 253 - Waller Drive and called for comments. SID GRAMS, 645 Waller Stated he is very much in favor of the improvement and anxious to get rid • of the dust. N • MINUTES - PUBLIC HEARING - JULY 26, 1989 There being no further comments, the hearing was closed on a motion by Alderman Mlinar, seconded by Alderman Mikulecky and carried unanimously. Assessment Roll No. 253 was adopted per Resolution No. 90"54 on a motion by Alderman Mlinar, seconded by Alderman Mikulecky and carried unanimously. There being no one to be heard on Assessment Roil No. 254 - Carlisle Street, reading of the notice for hearing was suspended on a motion by Alderman Carts, seconded by Alderman Mikulecky and carried unanimously. The hearing was closed on a motion by Alderman Mikulecky, seconded by Alderman Mlinar and carried unanimously. Assessment Roil No. 254 was adopted per Resolution No. 9055 on a motion by Alderman Carls, seconded by Alderman Mlinar and carried unanimously. Bid was awarded and contract let for Letting. No. 5, Project 89 -15, per Resolution 9056, on a motion by Alderman Mikulecky, seconded by Alderman Cards and carried unanimously. Meeting adjourned at 8;15 p.m. • • 3 • • • ,oe. C -404 V.S. DEPMTMENT of COMMERCE I n -aae� auMwu of 1Nt CEMFn Period In which Permits, NMtN4 I IPlaara CorrM wry anon n rams and ad Warr iKMglrp ZIP Cods/ REPORT OF BUILDING OR SS3 ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 103SOC 27 P 9999 085 1 0 26 9999 02730 JAPES MARNA BLDG OFFICIAL If your building permit system has changed, r*box below and upAMn inco%1Tnce, CITY HALL 37 WASHINGTON AVE VEST t— HUTCHINSON PA 5535C u Discontinued issuing permits Merged wnh another system Split ,mo two or more systems ❑ Annexed land areas PLEASE COMPLETE AND MAIL Had other changes THIS FORM ON OR BEFORE It no permits were issued tlurmp ureau of the Census Instructions are included. For this period, mark IXI in the box —� - — 201 Em TaMh Street further assistance, call collen and return this form fbnonellb,, IN 47132 PRIVATELY OWNED (3011763-7244, NEW RESIDENTIAL PUBLICLYOWNED HOUSEKEEPING Number of BUILDIN GS valuation of yaluatwn o1 ousing construction Builtlin Housing construction 7Nu units Omit cents 6 s units Omit cents Ic) Idl (el Ib Ial Single - family houses. detached Exclude mobile homes. 44 Single- family houses, attached Separated by ground to root well, -NO units above or below, and- Separate heating systems antl utility meters. (Count each unit as a separate building) Two - family buildings 103 Three and foul family buildings 104 Five -or -mare family buildings 105 TOTAL - Sum of 107- 106--► 106 6 6 444,470 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED NONHOUSEKEEPING Item Number of Number cl BUILDINGS Valuation of VaWat,on of No Buildings Rooms construction Buil01ngs1 Rooms conTVUceon Omit cents lal (b) In fdl le) 111 IS. Hotels, motels. and tourist cabins (transient accommodations only) 213 Other nonhousekesping shaker 214 NEW PRIVATELY OWNED PUBLICLYOWNED NONRESIDENTIAL Number Valuation of Number Valuation of BUILDINGS Its. No. of buildings construction Omit cents of buildings construction Omit cents bit Ibl Icl Idl lei Amusement, social, and recreational 318 Churches and other religious 310 Industrial 320 Parkin era as Ibuildln s and open decked! 327 Ssrvice nations and repair garages 322 Hospirtals and Institutional 323 Offices, banks, and profesrionel 324 Public works and utilities 328 Schools and other educational 328 Stores and customer services 327 Other nonresidential buildings 328 1 I 900 Struttures other than build s 328 ADDITIONS, PRIVATELY OWNED PUBLICLYOWNED ALTERATIONS, AND Item CONVERSIONS Number Valuation of Number Valuation of No. 01 construction of construction buildings Omit cents buildings Omit cents (a) (b) 10 (d) lal Residential - Classify addition* of garages and carports in item 438. 434 11 42.300 Nonresidential and nonhousekeeping 437 Additions of residential garages and carports ( anached and detached) a38 1 4,1300 3 189,068 29 PHtIQTS acwie 4Vwl 11aut UN MEvERSE SIDE �► - $701,958.00 TOTAL VALUATION DEMOLITIONS AND Site address PRIVATELY OWNED PUBLICLY OWNED Number of Ntmlbw of RAZING OF ltm BUILDINGS No. 5 Kind of building 8uiltlings Housing Buildings Nrmin unit, ❑Private fill Ibl Icl Itll 1.1 Single- family, houses lattached and detactaii 646 Two - family, bzdldings 9 li Kind of building Thse-and four - family buildings 647 Five- or-more family buildings 648 OPnive.. All other buildings and structures 16491 ___ _ _________________ __ ________ ❑Public I nUr•zvvaas re mm as AU I nvnrcI NU cons I AU16 l tun VALUEO Al 85UO,000 0R MORE Please provide the following information for each permit authorizing construction valued at 3500,000 or more entered in sections I through IV. Item Owner- Numbe, of No Name and address of ship Valuation of From Description owner or builder A4 iXl construction —IV e Hwzing sec. Omr cents ruts "'9eilding5'. I o ^ lei fbl ¢ Idl lei I11 Kind of building ___ __ _ ______________ ___________ ❑Privets ----------------------------------- ail Sire addrebb ------------------------------------ ❑ Public I An you swan of any mw, ParnrN- Iqulrq [I No ❑ Yes — Please give additional information in comments. Jurisdictions? Name of person to contact regarding this report Twlenhnn. 0 Site address ❑Public 5 Kind of building ------------------------------------ ❑Private Site Wdreu� 9 li Kind of building _______ __ __________ _ _ _ ___ ___ OPnive.. Site address ___ _ _________________ __ ________ ❑Public S Kind of Woking i ❑Pnvata She addreu ------------------------------------ 11 Public f Kind of bulking ----------------------------------- '^Private Site •ddrees 9 Kind or Wilding _______ ❑PrinU Ske address opi y Kind of Wilding ________— ____________ ____________ ❑horn. --------------------------------- ______________________ Sks sddrws S Kind building ___________________________ _______ ❑Privw Site addreu _______ ___ C] Public An you swan of any mw, ParnrN- Iqulrq [I No ❑ Yes — Please give additional information in comments. Jurisdictions? Name of person to contact regarding this report Twlenhnn. 0 S HUTCHINSON COMMUNITY HOSPITAL REGULAR BOARD OF DIRECTORS MEETING - June 20, 1989 Large Conference Room - 5:15 PM Present: Bob Durfee, President; Dori Johnson, Vice President; Diane Gilmer, Secretary; Rich Myers, Trustee; Rev Thor Skeie, Trustee; Mike Carls, Trustee; Absent: Robert L. Hegrenes, M.D., Chief of Staff Others Present: Philip G. Graves, Administrator; Francis P. Seivert, Director of Finance; Jane Lien, Director of Nursing Services; Robyn Erickson, Director of Education and Marketing; Pat Halverson, Mental Health Unit Director; Cathy Nevanen, Hutchinson Leader; Marty Hembre, KDUZ /KKJR Radio; La Mae J. Maiers, Recording Secretary Prior to the regular meeting, the Board heard a very informative and enlightening presentation by Richard, an AIDS patient, on the disease AIDS. He stated he was first diagnosed as having AIDS in June, 1987. He spoke of the various emotions including the high stress level that he had to deal with in accepting the fact that he had the disease. He spoke of • the difficulty in telling his parents, family members, and friends. He also told of the extreme financial burden that is placed on AIDS victims, as the cost of treatment is not covered by medical insurance. As a personal example, he stated he had to sell his home (S550,000), business ($1,000,000), and his car in order to cover the medical expenses he was incurring. At the present time, he is on social security and medical assistance. Richard urged Hutchinson Community Hospital and the community to begin educational programs on AIDS. The community of Hutchinson and the surrounding areas need to become better informed on the AIDS virus in general, not only in the area of precautions to take to prevent AIDS, but also what to do if a friend or family member should contract the virus. He encouraged mandatory AIDS educational inservices in the workplace. Within the next few years, Richard feels that AIDS will "hit hard" in this area also. During his presentation, he complimented management, staff, and physicians of HCH for the excellent care and treatment he has received while both an inpatient and outpatient at the hospital. Durfee thanked Richard for his willingness to share his personal experiences with AIDS. Everyone present was most appreciative of the presentation. • (I-) Regular Board Meeting - 6/20/89 • Page Two The regular meeting of the Hutchinson Community Hospital Board of Directors was called to order at 6:13 p.m. by President Bob Durfee. Minutes of Past Meetings. Minutes of the May 16, 1989, regular Board of Directors meeting were presented. It was noted by Director of Finance Frank Seivert and Administrator Graves under C, "Update to Main Computer System," on page five, the cost of the update should be corrected to read $150,000, not $500,000 as stated. The update is proposed to be financed with the revenue note issued in June, 1989, for $500,000. Following discussion: Motion was made by Johnson, seconded by Gilmer to approve the May 16, 1989, minutes of the regular meeting of the Board of Directors, as corrected, noting that the cost of the update of the main computer system should read $150,000, not $500,000 as stated. The cost of the update is proposed to be financed with the $500,000 revenue note issued in June, 1989. All were in favor. Motion carried. Medical Staff Meeting Minutes. Minutes of the June medical staff meeting and the Executive Committee meeting were presented by Administrator Graves. No unusual comments were made. New Business • A. Conference Report. Myers and Skeie gave a report on the 12th Annual AHA Trustee Conference they attended on June 8, 9, and 10 in Orlando, Florida. As Myers presented the Agenda, via overhead projector, he and Skeie gave a brief synopsis of the various workshops they attended. Topics at the conference included hospitals and boards managing stress, hospitals and medical staff forming stronger relationships, compensation to board members, and the credentialling process. Myers stated he felt from talking with representatives from other boards, that HCH is way ahead of many hospitals in the U.S. A number of boards' responsibilities are focused on fundraising, and not viewed so much as a management body. On the subject of compensation for board members, Myers stated that many board trustees did receive some type of reimbursement for their role as a board member, but it was generally viewed as a "token." He went on to say, however, that as the role of hospitals change, and the possibility of getting into other businesses, outside the healthcare field, compensation may have to be considered to attract board members with experience in specialized areas. Skeie stated that he attended a seminar on hospitals and boards • dealing with stress and burnout in the healthcare field. It was noted that there is a turnover rate of nearly 33% in administrators in Cd) Regular Board Meeting - 6/20/89 Page Three (A.)hospitals every year, and on the average, administrators stay at the same hospital for only two years. The workshop on the credentialling process was also discussed. An active involvement by the board members was encouraged. Graves stated at HCH the board approves the credentials of the physicians requesting privileges, but have delegated the process of reviewing to the Executive Committee of the medical staff. In the future there will be a national data bank available through which detailed information on each physician can be accessed, showing frequency of procedures, number of malpractice suits, if any, etc. Next year's trustee conference will be held on June 16, 17, and 18 at Seattle, Washington. Mike Carls gave a report on the Legislative update session which he and Graves attended at the Holiday Inn Capital on June 19. Included in the list of items presented was information on the property tax relief bill, tougher crime- related bill, the state prison in Faribault, law dealing with infectious waste, a change in the open meeting law for public hospital boards, and a proposed statewide insurance plan for everyone. • "Healthspan" legislation was not passed at this session; however, $800,000 was appropriated to be used in establishing a commission of 18 people and to hire staff to write the bill. It will be a major spending program for the State of Minnesota. Graves stated that a law was passed allowing public hospital boards to close portions of their meetings only for the purpose of discussing new marketing strategies. Certain guidelines were established: the portion of the meeting that is closed must be taped, the tape must be kept for two years, and after that time, it must be available for public information, if requested. Additionally, when and if a hospital enters into a major contract with a marketing company, it must be announced at a public meeting. B. Special Meeting with Al Balhorn. Graves suggested a special meeting be held with Al Balhorn of Hamilton /KSA to review the planning calendar and inform the board of the various phases involved. Construction management also needs to be addressed in order to proceed with the building and remodeling project. It was the consensus of the board to hold the meeting on Monday, June 26, at 7:00 a.m. in the Small Conference Room of the hospital. C. Staff Application. Recommendation was received from the Executive Committee of the medical staff that the staff applications of three physicians of Ophthalmology, Wesley D. Sondreal, M.D., Paul 0. Sanderson, M.D., and Herbert R. Billman, M.D., be modified to include Regular Board Meeting - 6/20/89 • Page Four (C.) privileges in laser surgery. Following discussion: Motion was made by Gilmer, seconded by Johnson, to approve the modification of the staff applications of Wesley 0. Sondreal, M.D, Paul 0. Sanderson, M.D., and Herbert R. Billman, M.D. to include privileges in laser procedures at Hutchinson Community Hospital. All were in favor. Motion carried. D. RN Contract Update. Jane Lien, RN, Director of Nursing Services, presented an update of the recent Registered Nurse settlement in the Twin Cities. The term of the contract runs for three years with an 11.3% increase the first year, 7% second year and 7% the third year. E. CT Contract. Graves informed the board that the CT contract with Shared Imaging of Chaska, MN expired in April, and they have been continuing service to HCH on a month -by -month basis. He stated that fulltime (24 hours a day, 7 days a week) CT services for HCH are currently being explored with Shared Imaging as well as with Perry Winken from LifeSpan and also Northern Imaging. The services would continue to be provided on a rental basis in a mobile unit until the Diagnostic Imaging Center is complete, at which time a unit would be purchased and installed permanently in- house. At the present time • { approximately 68 CT scans are performed monthly with the present unit on site three days a week. There is the potential of performing at least 100 per month with a fulltime unit. Graves will update the board at a future meeting on the status of this service. F. Board Planning Retreat. Bob Thompson from LifeSpan and Robyn Erickson, Director of Education and Marketing, were present at the meeting to discuss the annual planning retreat for the Board. The theme of this year's retreat will be "Partners... The Future is Now." The dates of August 3 and 4 were tentatively set for the retreat. The physicians will be contacted to determine if this date is convenient for them. The board members were encouraged to think of topics they'd like to see presented at the retreat. Among topics suggested for discussion were the building program, competition, and management of the satellite offices. The Mount Olivet Retreat Center at Farmington was being considered for the retreat site. However, Durfee suggested that consideration be given to the doctors and what is convenient to them, since their attendance at the retreat is very important. A local site was recommended. Erickson will keep the board members advised of plans. 0 Regular Board Meeting - 6/20/89 Page Five G. Equipment Update. Graves informed the board members that specifications are being put together for the purchase of new radiographic /fluoroscopic equipment for Radiology. The present equipment is nearly 20 years old. A new ultrasound unit is also being considered. H. CEO Evaluation. Gilmer and Myers presented the results of the evaluation completed on Graves. Gilmer briefly explained the process of the CEO evaluation: 1) The committee (Gilmer and Myers) receives the information; 2) meets with board members individually and with Graves; and 3) makes recommendation /presentation to the board. Additionally, Gilmer stated that planning and fiscal responsibility were added to the present list of accountabilities of the CEO. The following recommendation was presented: 3.5% increase, in line with the salary increase given to all HCH employees effective January 1, 1989; 3.5% increase for performance adjustment; and a 3% marketplace adjustment increase, for an overall increase of 10 %. The salary increase would be retroactive to January 1, 1989. Discussion ensued about the recommendation. Myers stated that the evaluation was very favorable, and they also contacted and met with • Dick Kramer of LifeSpan regarding Graves's evaluation and his proposed salary increase. According to Myers, Kramer stated that even with the proposed increase, Graves would be in the low mid -range when compared to his peers in comparable sized hospitals. Myers added that the CEO's accountabilities need to be reviewed further to determine if any additional changes need to be made. Carls stated that he was "very, very pleased" with Graves performance, however, he was concerned as to how this would impact other city entities. Myers explained that as with any profession, the position needs to be compensated according to industry standard. Following discussion: Motion was made by Gilmer, seconded by Johnson, to approve the recommendation for a salary adjustment as presented by Gilmer and Myers: 3.5% increase, as given to all hospital employees on January 1, 1989; 3.5% performance adjustment; and 3% marketplace adjustment, for a total of a 10% increase. The salary adjustment would be retroactive to January 1, 1989. Five were in favor. Carls opposed. Motion carried. Accounts Payable. The accounts payable were presented. Following discussion: Motion was made by Myers, seconded by Gilmer, to approve for payment the attached listing of cash disbursements and accounts payable in the amount of $979,216.75. All were in favor. Motion carried. (51 Regular Board Meeting - 6/20/89 • Page Six It was noted by Johnson that the ultrasound unit was actually purchased by the Auxiliary for the Physical Therapy department, and the hospital was reimbursed for the cost of the unit, $1,706.62. Statistical Report and Financial Statements. The Statistical Report and financial statements were presented by Finance Director Seivert for the month of May. He stated that May was not a good month, statistically, with the average daily census dropping from 35.6 for April to 30.5 for May. However, census days were up approximately 15% over one year ago and 8.5% greater than budget. It was noted that the Mental Health Unit continued to show strong utilization. About 50% of the ancillary departments showed increases - -most of those connected with mental health, while the remaining 50% showed decreases. In reviewing the financial statements Seivert noted that in five months current assets have grown 13% since December 13, 1988, and current liabilities have decreased approximately 2 %. Due to the decrease in routine areas, income was down from previous months. Income was approximately $35,000, price level and working capital requirements reduced this to ($5,183) for the month of May. However, Seivert noted that HLH's financial position for the five month period ended May 31, 1989, is very strong. Assets continue to grow and the net • income is greater than budget. Seivert also noted that the days outstanding in accounts receivables is at 61.17 days, the lowest it has been for over two years. He stated this is a reflection of the excellent job that the Medical Records Department and the Business Office are doing. Auxiliary Meeting Minutes. The minutes of the April and May Auxiliary meetings were presented. No unusual comments were made. Patient Satisfaction Surveys. Surveys were presented and reviewed by the board members. No unusual comments were made. Adjournment. The meeting was adjourned by President Durfee at 8:12 p.m.. Respectfully submitted, La Mae J. Maiers Diane Gilmer Recording Secretary Secretary LM 0 (4, HUTCHINSON COMMUNITY HOSPITAL BUDGET COMPARISONS - NATURAL CATEGORIES For Six Months Ended June 30 1989 CURRENT PERIOD ACTUAL BUDGET VARIANCE $ 163,295 $194,748 $(31,453) 77,520 79,003 (1,483) 643.312 607,623 35,689 PATIENT REVENUE Daily Hospital Service Medical Nursing Units Mental Health Unit Ancillary S 884,127 $ 881,374 S 2,753 Gross Patient Revenue (101.211) (120,663) 19,452 Less: Discounts & Allow $ 782,916 $ 760,711 $ 22,205 Net Patient Revenue 30.530 35,888 (5,358) Other Operating Revenue S 813.446 $796,599 S 16,847 Total Operating Revenue • 412,823 $375,708 $ 37,115 87,923 72,528 15,395 79,107 62,892 16,215 13,153 13,691 (538) 29,931 21,911 8,020 68,716 83,971 (15,255) 21,482 18,810 2,672 5,671 10,710 (5,039) 8,305 6,686 1,619 9,334 9,275 59 4,189 4,294 (105) 30,426 35,337 (4,911) 25,001 36,923 (11,922) OPERATING EXPENSES YEAR -TO -DATE ACTUAL BUDGET VARIANCE $ 1,290,283 $1,301,057 S (10,774) 496,160 452,913 43,247 4,122.646 3.914.021 208,625 $ 5,909,089 $5,667,991 S 241,098 _(781.025) (815.172) 34.147 $ 5,128,064 $4,852,819 $ 275,245 152,747 135,002 17,745 $ 5,280,811 $4,987,821 S 292,990 Salaries Employee Benefits Medical & Other Fees Raw Food Drugs Medical & Other Supplies Utilities Building & Equipment Repair Rental Expense Insurance Interest Depreciation Other Expenses S_ 796,061 $752,736 S 43,325 Total Operating Expense $ 17,385 S 43,863 S(26,478) Operating Income $ 2,406,307 $2,301,849 $ 104,458 475,785 445,207 30,578 436,174 383,212 52,962 76,114 81,710 (5,596) 166,662 149,788 16,874 540,671 542,254 (1,583) 107,479 112,858 (5,379) 46,490 64,179 (17,689) 40,858 38,796 2,062 54,572 55,650 (1,078) 17,691 25,767 (8,076) 173,630 212,020 (38,390) 134,781 231.136 (96.355) $4,677,214 54,644,426 S 32,788 $ 603,597 S 343,395 S 260,202 Add (Deduct) Non- Operatina Revenue �FY Dense) Price -Level Depreciation (40,023) (40,023) - -- And Working Capital (240,138) (240,138) - $ (22.638) S 3 )Excess Revenue Over Expenses $ 363,459 S 103,257 S 260,20? •, URRNT.JUN • MINUTES HUTCHINSON AIRPORT COMMISSION Monday, July 24, 1989 Meeting called to order by Doug McGraw at 8:00 p.m. Members present were Chairman Doug McGraw, Dave Skaar, John Miller and Don Pankake. Members absent: Dennis Kahl, Mayor Paul Ackland Discussed the 1990 budget. Updated the commission as to what was being done to correct problems with the new hangar. Meeting adjourned at 9:20 p.m. Next scheduled meeting will be at the Airport on Monday, August 28, 1989, at 8:00 P.M. 0 Submitted by: Doug Meier • (3) MINUTES • HUTCHINSON PLANNING COMMISSION Tuesday, July 18, 1989 1. CALL TO ORDER The meeting was called to order by Chairman Bill Craig at 7:30 p.m. with the following members present: Roland Ebent, Clint Gruett, ElRoy Dobratz, Marlin Torgerson, Larry Romo and Chairman Craig. Members absent: Tom Lyke. Also present: Assistant Building Official Don Johaneson and Consulting Engineer Marlow Priebe. 2. MINUTES Mr. Romo made a motion to approve the minutes of the regular meeting dated Tuesday, June 20, 1989. Seconded by Mr. Dobratz the motion carried unanimously. 3. OLD BUSINESS (a) CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS ON TRACT IN SECTION 1 LYNN TOWNSHIP OFF OF SOUTH GRADE RD. Ron and Evie Hansen commented on the letter they had received from City Attorney Barry Anderson regarding deferred assessments. Discussion followed on deferred assessments. City Attorney Anderson • commented on the assessment concern and the SW storm sewer project. -ity Attorney Anderson suggested to proceed with annexation proceedings and provide a written agreement between Hansens and the City to defer the SW storm sewer assessment until the property is sold, a change in the property or until the present assessment is paid off. Mr. Hansen voiced concern over the Eontirued use of the property as a gravel business that has been "grandfathered -in ". Discussion followed on zoning and "grandfathered -in" businesses in inappropriate zones. City Attorney Anderson asked to continue the proceedings until September to provide time for legal research. Assistant Building Official Don Johaneson will research the city ordinances. Mr. Torgerson moved to continue the matter until the September meeting, seconded by Mr. Gruett the motion carried unanimously. (b) CONSIDERATION OF REVISED SITE PLAN SUBMITTED BY ROBERT HORNICK Assistant Building Official Johansen commented on the review of the revised site plan by City Staff. • Consulting City Engineer Marlow Priebe explained he has not completed his review of the plan. Discussion followed on the 20 recommendations of the memo dated July 5, 1989, by staff. Consulting Engineer Priebe commented on the need to continue the consideration. Mr. Bob Hornick, property owner, explained the problems with delaying the recommendation for another month. R �J HUTCHINSON PLANNING COMMISSION MINUTES 7/18/89 Mr. Torgerson moved to recommend approval to City Council subject to the revised site plan satisfactorily meeting planning staff criteria • according to the staff memo of 7/5/89. Seconded by Mr. Romo the motion carried unanimously. 4. PUBLIC HEARINGS (a) CONTI14UATION OF REZONING BURGER KING PROPERTY FROM C -2 TO R -2 Attorney Pete Kasal commented on the Reeses position of the proposal presently before them. Mr. Romo moved to continue the hearing to the August meeting, seconded by Mr. Gruett the motion carried unanimously. (b) CONSIDERATION OF REZONING PROPERTY REQUESTED BY FAITH LUTHERAN CHURCH FROM R -2 TO C -3 Chairman Craig opened the hearing at 7:55 p.m. with the reading of publication #4012 as published in the Hutchinson Leader on Thursday, July 6, 1989. The request is for the purpose of considering a request by the owner to rezone property located at 4th Ave. SE and Hassan St. from R -2 (Residential district) to C -3 (Central Commercial district). Representatives from Faith Lutheran Church commented on the necessity of a bus garage close to the property line. Discussion followed of the surrounding zoning district. • Assistant Building Official Johaneson commented on staff recommending a minimum of 17' setback to Hassan St. Mr. Romo moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 8:00 p.m. Mr. Romo made a motion to recommend approval to City Council subject to a minimum of a 17' setback of the garage to Hassan St. Seconded by Mr. Torgerson the motion carried unanimously. (c) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY NEIL JENSEN FOR A GARAGE ADDITION AT 518 2ND AVE SW Chairman Craig opened the hearing at 8:01 p.m. with the reading of Publication #4013 as published in the Hutchinson Leader on Thursday, July 6, 1989. The request is for the purpose of Coco sindering a conditional use permit to allow the owner to construct a new 22' x 24' garage over existing foundation on property located at 518 -2nd Ave. SW Consulting Engineer Priebe commented on the proposal to expand existing garage noting it must meet required side setbacks. Mr. Ebent asked to refrain from voting. Mr. Torgerson moved to close the hearing, seconded by Mr. Romo the • hearing closed at 8:05 p.m. Mr. Torgerson made a motion to recommend approval to the City Council subject to the recommendation of city 2 HUTCHINSON PLANNING COMMISSION MINUTES 7/18/89 staff to expand the existing garage structure to 24' x 22', except the SW corner which should conform with the setback. Seconded by Mr. • Dobratz the motion carried with Mr. Ebent abstaining. (d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF ANOERSON /BEELER ADDITION REQUESTED BY JUNE REDMAN Chairman Craig opened the hearing at 8:06 p.m. with the reading of publication #4014 as published in the Hutchinson Leader on Thursday, July 6, 1989. The request is for the purpose of considering the platting of a parcel of property to be known as Anderson /Beeler Addition. Consulting Engineer Priebe commented on the previous sketch plan presented. Ms. June Redman explained the sketch had 6 lots the plat is now 8 lots. Discussion followed as to the number and size of lots being large enough for single or twin homes. Mr. Levi Tupa, 522 Graham, stated he was not opposed to the proposal only of neighborhood dogs in the area. Mr. Harlow Stillings commented on having 16 units with a cul -de -sac. Mr. Torgerson suggested an increase of greenspace with 8 duplexes as • opposed to 16 single units. Ms. Redman stated there would be 2 lots already sold as single family dwellings if the plat were approved. Mr. Roger Reinhart, 545 Larson, stated he had no problem with the proposal and commented on the benifit to the area. Mr. Wayne Scott, 525 Larson, commented on the cul -de -sac exit to Roberts Rd. Assistant Building Official Johaneson explained this would be a R -2 (b) zone, requiring an 8' side yard setback. Mr. Ebent stated a neighboring property owner was opposed to the cul- de -sac. Mr. Scott questioned the R -2(b) zoning. Consulting Engineer Priebe explained the reasons for the 8' setback. Mr. Torgerson moved to closed the hearing, seconded by Mr. Romo the hearing closed at 8:20 p.m. Mr. Torgerson made a motion to recommend approval of the preliminary and final plat to City Council. Seconded by Mr. Romo the motion carried unanimously. (e) CONSIDERATION OF REQUEST BY CITY STAFF TO REZONE PROPERTY ON WATER ST. • Chairman Craig opened the hearing at 8:21 p.m. with the reading of publication #4015 as published in the Hutchinson Leader on Thursday July 6, 1989. The request is for the purpose of considering a request 3 HUTCHINSON PLANNING C014MISSION MINUTES 7/18/89 by City.Staff to rezone property located on Water St. from R -5 (Mobile Home Park) back to R -2 (Multiple family residence). City Attorney Barry Anderson commented on the recommendation to • rezone. Mr. Torgerson moved to close the hearing, seconded by Mr. Romo the hearing closed at 8:23 p.m. Mr. Ebent made a motion to recommed approval of rezoning the property from R -5 to R -2. Seconded by Mr. Torgerson the motion carried unanimously. (f) CONSIDERATION OF AMMENDMENT ADDITION TO THE ZONING ORDINANCE REGARDING BED AND BREAKFAST ESTABLISHMENTS The public hearing was withdrawn but discussion took place on the proposed Bed and Breakfast on Adams.St. Ms. Linda Heaton, 307 Dale, stated she is the prospective owner of 231 Adams St. Mr. Torgerson stated he is not opposed to the Bed and Breakfast but the city needs an ordinance for such establishments. He explained the Heatons would like to serve meals also, but that there then is a problem with the R -2 zoning. City Attorney Anderson addressed the proposal for a gourmet restaurant. He stated a Bed and Breakfast would not pose a problem but a restaurant included would not be consistent with the same • guidelines. He suggested a conditional use permit for the restaurant site to be included. Consulting Engineer Priebe questioned what the use would be, as a Bed and Breakfast, a restaurant or both. Ms. Heaton stated both would be in one establishment. She explained a Bed and Breakfast Inn would provide more services. City Attorney Anderson stated opposition to an Inn in the R -2 zone. Ms. Heaton explained the service would be by reservation only with a 20 person seating capacity. Discussion followed on the Bed and Breakfast or the Inn. City Attorney Anderson commented on the zoning requirements for eating establishments and suggested a public hearing on the restaurant issue. Ms. Heaton explained the location is appropriate. Discussion followed on the option of rezoning the area. Ms. Heaton explained neighboring property owners seem to be agreeable to the proposal. Assistant Building Official Johaneson suggested rezoning to C -3 to meet the requirements. Discussion followed on the parking requirements and ample parking access from the alley or Adams St. The Planning Commission directed staff to set a public hearing for August 15, 1989 to rezone from R -2 to C -3. • 5. ADJOURMENT There being no further business the meeting was adjourned at 9:00 p.m. • MINUTES Parks & Recreation Board June 28, 1989 Members present were Lyle Block; chairman, Lee Cox, Linda Martin and Virgil Voight. Also present were Dolf Moon and Karen McKay. The meeting was called to order at 5:22 p.m. The Minutes: Virgil Voight questioned the parks manager position. Dolf explained that he has told the parks crew that their performance and enthusiasm will determine the need of a park manager. Virgil also questioned the non- resident fee discussion, this item will be discussed futher at later date, the budgets for the 1989 season have already been set. Linda Martin made a motion to approve the minutes dated May 31, 1989. Lee Cox seconded the motion, and the board unanimously agreed. The meeting consisted of a bus tour of the parks. Linden Park -There are two additional fields under construction, all T -Ball and Peanut I & II Leagues will play in the park in 1990. Newcomers Park -the neighborhood continues to be maintained, a new sign will be erected yet this year. Parks crew have been jack hammering large pieces of cement from around playground equipment for liability reasons. Roberts Park -Work in the spring included raising the scoreboard up over the • fencing, leveling out the fitness trail. Dolf told the board he would like to get the turf going on a regular maintenance program. Bridge Parka -The Celebrate 1990 includes a trail along the Crow River and a sidewalk up to Millers wood nature area. Super America has volunteered to install steps /ramp from the trail to the sidewalk. Dolf has been working with the Department of Natural Resources and the Army Corps of Engineers in regards to the trail. Connecticut Park -After receiving complaints in May about splinters from the playground equipment, the parks crew has completed, sanding, staining and adding a coat of polyurethane. Shady Ridge Park - Neighborhood playground has experienced a lot of use. Millers Woods -The Celebrate 1990 Grant will include $2,500 worth of plant materials and tree identifications throughout the park. Board members questioned if the park was sprayed for mosquitos or dandelions, Dolf replied "no" however, the trail through the park will have a soil steroid to control weeds. West River Park -Board members felt the park was a good site for the Jaycee Carnival, but questioned why not Riverside; it was felt that the overhead wires in that area were a concern. The rest rooms in the park have newly poured concrete around the building because of heaving. The trail along the park will • be labled non- motorized vehicles, but snowmobiles will be allowed. The D.N.R. requires 10 feet from the water and four feet from any trees for the trail. l Minutes Parks & Recreation Board June 28, 1989 Page two Agenda items discussed intermittently during the tour included: Lion's Club Letter -The board received a copy of a proposal from the Lion's Club. Virgil Voight stated he did not agree with the proposal; he felt the Parks and Recreation Department should be considered co- sponsors of the program with the large amount of participation by the department. Linda Martin made a motion that the board go on record disagreeing with the Lion's Club proposal as the sole sponsor of the Halloween party and that the City Council make the final decision of accepting or rejecting the terms of the agreement and a copy of that letter also be sent to the Lion's Club. Lee Cox seconded the motion and the board agreed unanimously. Lion's Club sponsorship of a park, the board's recommendation is the Hellands area on the populated north side of the city. However, the club seems to prefer a smaller area along Highway 7 East where a large sign stating "Lions Club" can be posted. Crow River Arts Guild The Guild received city council approval for $30,000 over the next three years to develop a creative arts program. 1] Wedding Request A request has been received to use Millers Woods as a wedding site. Virgil Voight made a motion to approve the request with the stipulation • that the park look the same as it did prior to the service. Linda Martin seconded the motion and the board unanimously agreed. Karate Club Request The club requested use of Library Square on Crazy Daze for a day long karate demonstration. Linda Martin made a motion to approve the request. Virgil Voight seconded the motion and the board agreed unanimously. The Civic Arena Preliminary Report should be ready soon, they will prioritize a list of repairs and renovations. The second half of the parks will be viewed on a bus tour later this summer. The meeting was adjourned by a motion made by Lee Cox and seconded by Linda Martin. The board unanimously agreed. klm • IJ 40 estate of 'ity Hutchinson S9innegota ) ..... _........._.... _ Of ...._ ...... ........I.........._........... j _. County of. ......... McLeod 52627 2 829 A2 2 .9pplication No . ..............__._ Application for License to Sell Cigarettes at Ret 1 -% Ci c c14tl1 �, Th, uhdcnsi?ncd resident..... of the ........ CitY._.._. __.... of Hutchinsos�s /t„ii.Zlll���'gL� in the county of McLeod State of ✓Minnesota, IIERFBF X.1RE .,I PPLIC.I- TIOX FOR LICEA -SE to be issued to Miriam Chapter #27 - Eastern Star to sell cigarettes and ci- 'arette. papers and wrappers at retail at_. ... ..... ......................... _.. McLeod County fair ............ ............ ............................... in the.... ,..,City f Hutchinson _.._. ...._ ... .................. ...... - ..... m said county and state for the term of county _fair_. __.__..., beginning with the .... 17th day of August 19 89 subject to the laws of the State of Minnesota and the a•dinances and regulations sail ulations of C7.ty ........................of_ ,.Hutchinson pertaining thereto, and herewith depa.sit $ 5.00_ - .......__...in parpn,ent of the fee therefor. Dated O /�__ /s.�4 ......... ......... 19 ....... .... • RETAIL "ON SALE" SHORT Mal .n.;. u.. otate o/f,� lilt gON, CODJYTY OF_1..L X11.!_'. Q� ............................� ._..._._-...... �1...._.__.. ...._...or..'7lghtso,�......___ To the 11. . Loun..c;J of the...� t �% .. ....I... State of Minnesota: he,ehy appliGS. for a li,ense, for the term of C)AIL f.1/7 from Lhe oa, hi day of _ �e f.7�C.[12k� r _. .. , 18 ��..., to sell ' �t Retail Only, Non - Intoxicating Malt Liquors, as the same are defined by urw, for consumption "OJP" those certain promisee in tha_....... __ ..................._...._.... ._ ..... ....... .......... ..... . . described as foUvws, to -uit: _......._..... ...._.... ..____. _.... AVNUld I&L sfivtaf_ at which place said applicant.... operate_ businew of... ' and to that end represent _. and elate. _.a follotrs 17wt. said applicant f-L .. ......_.11... .......... .eiti:en. of the United States; of load moral character and repel,: and ha attained the ale of 81 years; that_.._...... __. ._..... proprietor .__. of the e.rh, blixh n, rn t for a hieh. the license will be issued if this application is granted. That no manufacturer of such non. -infw leatinl malt liquors has any ownership, in whole or In part, in said business of caul applicant_... or any interest theaein; That said opplieant make ... this application pursuant and subject to all the lams of the State of dlinn,sota and the ordinances and regulations of said. ..... ._._....._.......... - ... ............ __._.......................... _.. ... _.._..................... _... appli,able thereto, which are hereby made a part hereof, and hereby agree..__to observe and obey the same; (Htr, rut, aa,r ,yW,w,n4 If W. K Recommend approval with restrictions and requirements as in past. Beer to be sold in cups only. Drivers license I.D. to be required for purchase. Beer not to be consumed off area. - Each applicant further states that ire is not now the holder of, nor has —he made application for, nor dues —he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of inlnsicatinN liquor. Dated...._..._._i .k.._._ ......... _....... 1011.1 ................. ._....__._ ........... _...................... // / dpprl)iaa(nt...... P. O. Iddr... �1/ b. 6..... J���. .....eL'.LLc..�F:..-. ....... _.. 7FZt..y.d1JAµ:.....�r 2' .T • city of 'Hutchinson FEE: $25.00 AP=?ICATIO.'N FOR GAMBLING DEVICSS LICENSE Approved hy: Buildir.e Fire — ADnlication shall be submitted at Folice — least _ days prior to the Ganbline occasion I. �C/ ' / AND I. -4,144 !J 770�GVL' i,a�E Of AuLhorfzed Officer of ' +.a_eg*_ Tle£ignazed Gacciine Organization iianager hereby submit in duplicate this application for a license to conduct the game Of garrblinc in accordance With the provisions of the Ci , -, of Eutchinson Ordinance 110. 655 and Minnesota Statut =_s Chapter 3�9 for the license year erding . gig. atures. Eut::or zed Officer of Organization Des-gn6tea Gambling ; ?anager of crEanizaticn • �. The following is to be co LDleted by the duly authorized office^ of the org =_nic_Lfon: 1. True 5a_e: (last) (first (niddlE) 2. Residence Address: _ �- (street) (city) (state) (zip) 3. Date of Birth: '� -/3 -Y,5_' 4. Place of Birth S, /t, (no /day /year) (cit.• /state) 5. Have you ever been ccnvi ted of any crime ether than a L:-aYf_c offense? res No If Fes, explain �. The following is to be cocDleted by the designated ga_blin=- _anagei 0 Orcani CatiO-: ` 1. TrLe :r ane: DfOV � � 1). (l2Et) te 2. Residence '.ddress: /(C(� l - {city) (sta�e) (z p) 3. Date of Barth: L. Flace of Birth: s (mO /cay /ye_r) city ;state) C a () C D. 5. Have you ever been convicted of any crime other than a traffic offense? Yes No -X1—. If yes, explain 6. How long have you been a member of the organization? / L, 7. Attach a copy of the official resolution or official actin —n designating you gambling manager. Came Information: 1. Place where garbling devices will be used `S7. 4 Rs% n tF. 2. Date or dates gambling devices will be used �+ (date and /or day(s) 3. Hours of th gambling devices will be used: of week) From A.M., To S A. MI. 4. Maximum number of players 5. Will prizes be paid in money or merchandise? (YlC`neo 6. Will refreshments be served during the time the gaeblingi devices will be used? Yes I_ No If so, will a charge be made for such re_reshments? Yes V_ NO Organization Information: 1. Address where regular meetings are held, C' �Cyloo ug5t-A�if1 2. Day and time of meetings �So't. I "Z� U tip, 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes No 4. How long —4.— has the organization been in existence? C� 3 fS 4a. How many members in the organization? { , r. 5. What is the purpose of the organization? 6. Officers of the Organization: Name's Address Title ���� r �,�n��ecker St r�ESfi 7. Give names of officers to the organization: Name or any other persons paid for services Address Title • Organization Information: (Continued) 8. In whose custody will organization records be kept? Name Name G oVee� Address f6(. 9• If the organ nation carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed _premises, please �'} state the Name of Insurero'V66„ Q K'k" �l,eg and Policy No.-fiJP 71 �� Z 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of t e organization. 1. Name of bonding company o 2. Address of bonding company _nM44n A 11) . 3. Amount and duration of bond _(J'!J, bap, 4• Application is hereby made fo waiver of the bonding requirements. Yes No I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gambling, and I will familiarize my s if with the /contents thereof. Signature oW apthorited orficer Date: rl /n /_Y S7S Subscribed and sworn to before me a notary public on this day of . 19 Signature of Notary Public Commission expires on Subscribed and sworn to before me a notary public on this 19 Signature of Notary Public Commission expires on _ Social Security Number: PIN Business ID Number: day of • 0ity of Fee: $10.00 AFPLICATIOh FOR BI,:CD LIC =';5E - --rased ng — - -_r_ _ Application shall be submitted at least Folice _ days prior to the bingo occasion _ A1vD I. � U V Tame e Authorized Officer :,a =e of L_signated __r.go ..ar.a Hereby submit in duplicate this application for a license to ccnduct the game of bingo in accordance with the provisions of City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 340, for the license year ending Signatures: tL�_, Authori° d Officer of Organization Desig- ted bingo Manager A. The following is to be completed by the duly authorized officer of the organization: 1. True Name: yE/a CZi A (last) �st)/ A (middle) 2. Residence Address: 7�p Aye. (street) (city ) (sta/ -'e (zip cos 3. Date of Birth: - - 4. Place of Birth/` -( (mo. ) (day)(year) it & state, 5. Fave you ever been copy4eted of any crime other than a traff; offense? Yes NO If yes, explain B. The following is to be completed by the designated bingo manager of organization: 1. True Name: Vec -/ \lasL) (11r 2. Residence Address: IJ7'A AII+- A (street) (city) (state 3 • Date of Birth: 13 —` 4. Place of Birth: (Mo., day & year) 5. Have you ever been co`n.victed of any cr_ =e offense? Yes NO x If yes, explain tmiaale) S`- 1 ip code) c%ty -& state other than a traffi • 6. flow long have you been a meWber of the organisation? 7. Attach a copy of the official resolution or official action designating you bingo manager. q_ -e �ti) C. C_ nfor_Etion: / 1. Place w'r,�re bingo E_res wi11 be pia;ec � N651195iei 2. Date or dates bingo will be played s - ,�? -�/ /5 F9 (cote and'i6r 'dZY(s) Of 3. Hours of the day bingo will plated: From JL _C to P. F!. 4. E:ar. =_llfl number of players 2,'M 5. Will prizes be paid in coney or cercnandise? 6. Will refreshments be siFsvea curing the t__e the g = -e- are being corductecl Yes lio If so, will a charge be made for such refreshments? ies NO D. Organization Information: 1. Address where regular meetings are held �Hi 1� �CtQ(At 2. Day and time of meetings 3. Is the applicant organizat organized under the laws of the state of Minnesota? Yes �K— No 4. How long has the organization been in existence? 4a. flow many members in the organization? 5. teat is the purpose of the organization? 6. Officers of the Organization: ra -,-o Address Title 7. Give names of officers to the organization: Name or any other persons paid for services Address Title Social Security Number: �LN Business ID :Number: 110W 9 D. C. gar.zsatior. Ir.fc_ - ation: (CG r, ti rued ) E. In whose custody will organization _ *ecc_is be n16—pt? Name � hJ� ✓� Address • °. If the orgcnization carries sufficient -Insu nce to coL-p_ the players in the event any injury is sustained by players participating in the bingo game, or while on the licensed premises, please state the Name of Insurer and Policy 2No I1 -)-)� 10. GavE you (rianaEer Officer) read, and do you thoroughly und-erstand the provisions of 211 laws, Grd::ances, and regulations governing the operation of bingo gazes? 11. Attach a list of all active members of the organization. 0 E. The following information is provided concerning a fidelity bond given by the bingo manager in favor of the or znization: 1. Name of bonding-company &l "j "/, 'e 2. Address of bonding company Cam - 3. Amount and duration of bond ll'A 1 , 4. Application is hereby made Sor waiver of the bonding requirements. yes No I I declare that the information I have provided on this application is truthful, and I authorize the Citv of Hutchinson to investigate the information submitted. Also, I have received from the Citv of Hutchinson a copy of the City Ordinance NO. 655 relating to bingo, and I will familiarize myself with the coptents thereof. Signature o Date: 7/ Subscribed and sworn to before m Day of , 19 uinorizea oiiicer of organizes a notary public on this Signature of Notary Public Commission expires on Subscribed and sworn to before me a notary public on this Day of , 19 Signature of Notary Public Commission expires on • • C. Cf tCh?rf in F? 525.00 6P�LICATICS FOR GA1`.3LIh'G DEVICES LICE'.* 1/91b ved 1. =uilcir.e _ re y _ yT, _.,_ t0 t: Cool_ n 7 GC..._,.__._ 1.'.. 1 . �/T { �. �t �•�+ .c::e Oi Ali- 2=c ':erebv zubcit in dupllcste this application for a license to cc-duct t o gage of 73molingir accordance With the arovi--iGn° of t::e Cite Of T:il Lc, - -i ^.Son OrC_n2nce NO. 655 and 1.12nnesota .G_ta Lutes Charier jLi for he liceP.--e year erding / I_C__ tllreS: J�� (Lx<A' 0FI-A _zec 0.__ce_ cf Crzarization Des i grated Gazc__n� ..___'^cer of A. fG__C.. _.:c tC ce cozple Led by t.'_a duly Elit._Cr__c_ Oi..cr 1. True .,a__ . Vp 0 4O I IrN tDu UP- l\ \c (L:4 (last) (i?rs,.) (_ _ _ r 2. CIII'1 Reside ^ce Address: f -, itC(m MA (street) (Ci-y) (state) (z__) j Date of Birth: I �9 3 4. Place of girt:: V(�.>•P�r.�E�..Vti�A . . 5 Have you ever bee : convicted of any c: ize c`. er 7i_an a tra - -.c offense" Yes No c% If Yes, e':p_a__. 5. The foiIc-wing is to be ce=zleted by the desi= at._ C. OT -aei _ate: . _ C Q 1. True :;c_... T p ,p "' nl��L�sc.[.,ecw v ;. Res ic_-nce rddrGs: /5�5- lTt e ( ctreet) (ci _-) %. t"_ Ce o_ .J__ h V /sl C. M 5. Have you ever teen convicted of any crime other than a traffic offense? Yes No k If yes, explain 6. How long have you been a member of the organization? 7. Attach a copy of the official resolution or official action designating you gambling manager. Game Infor7-ation: I. Flace where g--::cling devices will be used E �+ 2. Date or dates gambling devices will be used (date and /or day {s) 3. flours of the day gambling devices will be used: of week) F.r 0 A.M. To A.t1. —P.M. P.M. 4. Maximum number of players 1)90-n., 5. Will prizes be paid in money or merchandise? �%%Citr� -,�` , 6. Bill refreshments be served during the time the gamblir,r devices will be used? Yes ✓ No If sc, will a charg. be made for such• refreshments? Yes ✓ 110 Organization Information: 1. Address where regular meetings are held .2 7 -1jt 2. Day and time of meetings - , • 3. Is the applicant organization crgan_ zed under the laws cf t ^e .State of }•innezcta? Yes X No 4. How long has the organization been in existence? /77� 4a. How many members in the organization? 5• 1'lhat is the purpose of the organization? 6. Officers of the Organization: Name Address Tit'_. 7. Give names of officers or any other tc the organization: Na: :e Address rscns _ =id fcr services 1 V • L� /t D. E. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name 7i L1— 67 Address �c�� s f. �•�«� ,< 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed .premises, please state the Name of Insurer and Policy No. 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? 12 11. Attach s list of all active members of the organization. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. I. Name of bonding company 2. Address of bonding company 3. Amount and duration of bonds °° 4. Application is hereby made for waiver of the bonding requirements. Yes No X- 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. 655 relating.to gamblieng. and I will familiarize myself with the contents thereof. .4gnauure or au horized officer of or Date: /_/2a low Subscribed and sworn to � e of r u ±� ��c on this _� day of 19 9i. > :r .. ��•yy-,�mill», $ �g7liCtpI'ecTOfrclJo - Ti 11c CiCm 4$ioni'v1e��`P§UfWV —. e']c. � y comma: :on Ex Subscribed and sworn to `beTio`re"`mg'"8'iItf'i� 1'19911 19 VOODU lic on this day of Signature of Notary Public Commission expires on Social Security Number: • y MN Business ID Number: JUL 1989 (sr—f."Z' C M 0 F N W i m m PAID \.I i RETAIL "ON SALE" State of SM1111cl;ota, COUXTJ' Tothe ............................... .............................of ...............Slate of biituievuta: lYl�Lro D !' 114&T hereby appt.tL"lfur a lianas for the krm TH �7 from At Itelail Only, Tun- Intuaicating Malt Liquors, as the name are dejirwd by law, for connsmpfion "OA" those aertala prsmtsu in the.__ duoriUd as follows, at which place MU applioant__.operak..._ths business and to that end reprment. s .and state.fas follows: That said applicant ........... ...__ ___._.._.__._.__eilixn...._..of the United States; of food moral eharacler and repute; and ha...__....attal"d the a fe of LJ yoan; l lint._.__.__._.. __..._.._.._ ...__..........._proprufor.__.o/ the establishment for which the license will be tasued if this appl"Gon is framed., 27,at rw manufacturer of nuh ",n into:ioatinf malt liquors hos any ownership, in whole or in part, in sai3 bwiness of said applicant—or any interest !herein; 27.at said applioant..._max:e......this application pursuant and subject to all the laws of the State of ANA 0:a and the ordinanaa and refulaUuns of said .__..__.___________— __�— . —____ applicabk thereto, which are hereby, mach a part hereof, and hsrsby afrse._._to observe and obey the same; .wrn 4. wu u. a1dne.wj Recommend approval with restrictions and requirements as in past. Beer to be sold in cups only. Drivers license I.D. to be required for purchase. Beer not to be consumed off area. Each appliawa further stales that he u not now the holder of, nor liar he rnade applioallon for, nor doe 7w intend to make applkatiaa for a Federal Retail Deakres Spectal tax stamp for the sate of l.,lorioatinf liquor. Dared •- 1(N.V /[/ ^ I8 .Si /�'in�C[ >L7 t{Y1�c!i✓ , " % /i�[�i1Li/ /i�l�. �,5/� dppliaant— _ -7 P. O. dddrers /3z- Ll • • AFFIDAVIT EFFECTIVE APRIL 1, 1989 AM OVER 65 YEARS OF AGE, OR I AM ON DISABILITY AS DEFINED BY THE SOCIAL SECURITY ADMINISTRATION, AND MY INCOME PER YEAR IS LESS THAN: FAMILY ,l 2 INCOME $ ?,560 $9,180 \ THE STANDARD CHARGE OF$11,05 FOR TRASH AND REFUSE SERVICE WOULD IMPOSE A FINANCIAL HARDSHIP ON ME AND I THEREFORE ASK REDUCTIO^ OF THE CHARGE TO $1,50, SIGN ATURECzi�L!T --- STREET ADDRESS FOR OFFICE USE ONLY To: WATER DEPARTMENT DATE DATA CHANGE To: CITY COUNCIL ACCOUNT NUMBER COUNCIL ACTION: APPROVED DAT DISAPPROVED i w, a-�-t OoO ;e %--� 14-4 - 2 CITY CLERK'S CERTIFICATE SPECIAL ASSESSMENTS I have caused examination to be made of the records in the office of the City Clerk as to special assessments against the following described real estate, to wit: LEGAL DESCRIPTION: N 75 of Lot 9, Block 4, N 1 /2'Cit+ f)` Hutchinson 31- 117 -29 -10 -0152 OWNER OF RECORD: Dietel, Dean E. Etal ADDRESS: UNPAID BILLS: none at this time PENDING ASSESSMENTS: no assessments are currently ocndir^ SUBDIVISION AGREEMENT: NO 0 FUTURE ASSESSMENTS: Storm sewer, grading, aggregate base, curb and gutter and bituminous surfacing and appurtenances, but no Project is currently programmed 1988 CERTIFICATION: PER MCLEOD COUNTY REAL ESTATE TAX ;TATEMENT FOR 1988 and to the best of my knowledge and belief assessments in the amount of g none are charged, and as Yet, unpaid against the real estate. Amounts certified to the County Auditor for collection ire Payable upon statement from the County. Utility billings and current service charges wit' ^^u'ed as soon as final readings are requested by the property owner. THE CITY OF HUTCHINSON SHALL NOT BE LIABLE FOR ERRORS ^' ^MISSIONS, IF ANY, IN THE PREPARATION OF THIS SPECIAL ASSESSMENT SEARC". DATE March e- 1988 Gary D. Plotz, City Clerk City of Hutchinson ORDERED BY. Peterson- Paulsen / n l:� iVv i ,, (612) 587 -5151 r CITY OF HUTCHINSON' 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 May 27, 1988 Mr. Deane Dietel 845 - 2nd Ave. S.E. Hutchinson MN 55350 SUBJECT: IMPROVEMENTS INVOLVING PORTION OF LOT 8 AND PORTION ON LOT 9, N, CITY, END OF CARLISLE Dear Deane, You requested me to research whether or not there is any public record on an easement(s) (roadway, utilities, etc.) given in exchange for dropping assessments in this area. I have located the easement provided by Bill Barrie, Stella (Picha) . Kuester and yourself. There is no mention of forgiveness of any existing or future assessment. Subsequently, I had Marlow Priebe in my office for a second time re- garding verbal discussions he had with you. He informed me that there was no agreement to drop any assessment(s). I know that these answers do not agree with what you have explained to me to date, however, I do want to be responsive to your research request. Additionally, I have copied the actual assessment roll for project 85- 01 -36, to verify what the City Council took action on in 1985. Sincerely, 4��at4�0-t Gary P%tz City Administrator cc: Mayor and Council Gene Anderson Ken Merrill Joleen Runke Barry Anderson Lee Clark GP /bb 6�— o 0 PUBLICATION NO. ORDINANCE NO. 8904 AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON ORDAINS: THAT the following described real property is hereby rezoned from R -2 (Multiple family residence) to C -3 (Central Commercial district). Lots 2, 3, 4 and 5 of Block 33 South Half of City of Hutchinson • Adopted by the City Council this 8th day of August, 1989. ATTEST: Gary 0. P o z City Administrator Paul L. Ackland Mayor / -0. r� u PUBLICATION NO. ORDINANCE N0. 8905 AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON ORDAINS: THAT the following described real property is hereby rezoned from R -5 (Mobile Home Park) to R -2 (Multiple family residence). Lot 12, Ex S 112, Block 10, North 112 City and South 198' of Lot 6, Block 11, North 1/2 City of Hutchinson Adopted by the City Council this 8th day of August, 1989. 0 ATTEST: Gary D. P otz City Administrator • Paul L. Ackland Mayor q— Lr— 0 DAVID B. ARNOLD CHARLES R. CARMICHAEL GARY D. M�DOWELL STEVEN A. ANDERSON G. BARRY ANDERSON STEVEN S. HOGE LAURA E. FRETLAND DAVID A. BRUEGGEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. MCOEE July 31, 1989 ARNOLD & McDOWELL ATTORNEYS AT LAW 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55418 -1492 (812) 545 -9000 MN TOLL FREE 800 -343 -4545 GABLE MGI.AW MINNEAPOLIS TELECOPIER (812)545 -1793 Mr. Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, MN 55350 RE: Dakota Rail Bankruptcy Proceedings Our File No.: 3884 -88 -0001 Dear Gary: OP COUN56L WILLIAM W. CAMERON PAUL D. DOVE 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (012)089 -2214 TELECOPIER(012) 089 -550@ 101 PARE PLACE HUTCHINSON. MINNESOTA 55350 (612) 587 -7575 TELECOPIER(812) 581 -4096 S ;.. 1989 RECEIVED BY I enclose as promised at the last city council meeting a Resolution to be acted upon by the city council at the next regularly scheduled city council meeting. Please advise the council that as of the date of this letter, we have not heard from the bankruptcy court regarding the most recent court appearance. Thank you. Very truly yours, ARN Mc WE G. a Anderson GBA /lls Enclosure cc: Sheldon Nies R.J. McGraw • 7 �!1 PUBLICATION NUMBER RESOLUTION NUMBER 9057 WHEREAS, continued rail service is important to the City of Hutchinson; WHEREAS, it is not in the best interests of the City of Hutchinson to have the only business currently providing rail service to the City of Hutchinson involved in bankruptcy proceedings; WHEREAS, the City desires to have rail service continue to the City; NOW THEREFORE BE IT RESOLVED, by the city council for the City of Hutchinson that all parties involved in the bankruptcy proceeding make every effort to speedily and without delay resolve the remaining issues and to conclude the bankruptcy proceeding with 40 respect to Dakota Rail, Inc. as soon as possible. Dated: Paul L. Ackland Mayor of Hutchinson ATTEST: Gary D. Plotz Hutchinson City Administrator 7 -c • (612) 587 -5151 f/UTIw, CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMO TO: MAYOR & CITY COUNCIL AUGUST 3, 1989 FROM: KEN MERRILL, FINANCE DIRECTOR -------------------------------------------------------- - - - - -- SUBJECT: RESOLUTION ESTABLISHING YOUTH CTR. & TRANSFER FUNDS The attached resolution establishes the Youth Center Fund. All monies contributed would then be directly accounted for in this fund. The resolution also authorizes $12,500 transfer from the General Fund for this purpose. This represent more than had been budgeted in 1989. We would be transfering the additional need dcl'ars, upor approval o' this resolution, from the ccntingency account. L , RESOLUTION NO. 9058 AUTHORIZING ESTABLISHMENT OF YOUTH CENTER SPECIAL REVENUE FUND AND TRANSFERRING OF $12,500 FROM GENERAL FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT a fund is hereby established for and shall be named Youth Center Special Revenue Fund. THAT a transfer of $12,500 is hereby authorized to be transferred from the General Fund to the Youth Center Special Re':enue Fund. Adopted b the City Council this 8th day of August 1989 Paul L. Ackland Mayor ATTESTED: Gary D. Plotz City Administrator 0 • • (612) 587 -5151 f/U7CH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMO AUGUST 2, 1989 TO: MAYOR 8 CITY COUNCIL ----------------------------------------------------------------- FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT:RESOLUTION ACCEPTING STATE WWTP GRANT The attached resolution is presented for approval by the City • Council. The grant will be giving us $86'.402 and is for the first award of 2 1;2 percent plus 5 percent whicn was approved by the 1988 legislature. Monies will be given out only on the pre - approved schedule which means they will coincide with federal payments. • B • ATTACHMENT No. 1 RESOLUTION NO. 9059 BE IT RESOLVED by the City Council of Hutchinson Minnesota, that it hereby accepts the grant offer from the State of Minnesota in the amount of $ 867,402.00 for (DELETE THE STEP OR STEPS WHICH DO NOT APPLY) 1) 2) Step 2 - the design and preparation of plans and specifications for a wastewater treatment facility; or 3) Step 3 - the construction of a wastewater treatment facility. BE IT FURTHER RESOLVED THAT the City of Hutchinson authorizes Gary D. Plotz, City Administratgrthe designated representative, • to sign all documents necessary to the acceptance of this grant offer. 0 Resolution introduced by: Resolution seconded by: Vote on Resolution: Whereupon the above resolution was adopted at the regular meeting of the Hutchinson City Council Mayor or Chairman of City Council 7 ZF, I 0 STATE OF MINNESOTA ) ) ss. COUNTY OF I, Gary D. Plotz , do hereby certify that I am custodian of the minutes of all proceedings had and held by the City Council of said city, that I have compared the attached resolution with the original passed and adopted by the City Council of said city at a regular meeting thereof held on the 8th day of August , 1989 , at 7:30 o'clock Vim., that the attached constitutes a true and correct copy thereof, that the same has not been amended or rescinded and is in full force and effect. • IN WITNESS WHEREOF, I have hereunto placed my hand and signature this 9th day of August , 1989 , and have hereunto affixed the seal of said city. City Administrator LJ RESOLUTION NO. 9061 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Sign $252.00 "Dry Dock" Signage Youth Yes N. Lights Neon The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Sign $252.00 "Dry Dock" Signage Youth Yes N. Lights Neon Date Approved: August 8, 1989 0 Motion made by: Seconded by: Resolution submitted for Council action by: 7 DAVID B. ARNOLD CHARLESR.OARMICHAEL GARY D. WDOWELL STEVEN A. ANDERSON G. BARRY ANDERSON STEVEN S. HOGE LAURA E. PRETLAND DAVID A. BRUEGGEMANN JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD G. M,GEE August 2, 1989 ARNOLD & McDOWELL ATTORNEYS AT LAW 5881 CEDAR LAxE ROAD MINNEAPOLIS, MINNESOTA 55416 -1492 (612) 545 -9000 MN TOLL FREE 800 -343 -4545 CABLE MCLAW MINNEAPOLIS TELECOPIER (612)545 -1793 Mr. Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, MN 55350 RE: City of Hutchinson Pool Ordinance Our File No: 3188 -87 -0001 Dear Gary: OF COUNSEL WILLIAM W. CAMERON PAUL D. DOVE 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 TELECOPIER(012) 389 -5506 101 PARE PLACE HUTCHINSON, MINNESOTA 55350 (612) 587 -7575 TELEOOPIEN(012) 567 -4096 AUG1989 RECETM :zoz Enclosed please find for your review and consideration a proposed pool enclosure ordinance for the City of Hutchinson. The proposed language was drafted by my office in cooperation with Diane Pasco, a resident of Hutchinson. The proposed ordinance is a compilation of language from numerous ordinances. A number of options exist. The ordinance defines pool by referencing a minimum depth of 24" and surface area of 100 square feet. A review of other ordinances reveals that minimum depth ranged from 18" to 24" and surface area from 100 square feet to 250 square feet. The ordinance uses the depth and surface area parameters to avoid regulating the use of small plastic wading pools that are beyond the scope of this ordinance. The ordinance also regulates whirlpools and spas. The main thrust of the ordinance is to prevent children from entering a neighbor's yard and falling into the neighbor's pool. Therefore, the ordinance imposes upon a pool or spa owner the requirement of constructing a four foot, non - climbable fence with self - closing, self - latching gates. Fence height of the model ordinances range from heights of four feet to six feet, six inches but the most popular height was four feet. In addition to the fencing requirement the ordinance also includes other safety provisions. The ordinance regulates location of • pools, lighting and provides that installation and maintenance of pools shall be lawful. Mr. Gary D. Plotz • August 2, 1969 Page 2 The proposed ordinance provides for retroactive application of the fence requirement upon existing pools and spas and that provides for a sixty (60) day period for compliance. So as not to penalize pool owners that previously constructed non - conforming fences around their pools, section four of the proposed ordinance entitled "Retroactivity" provides that upon inspection and approval, the City can allow non - conforming fences to exist. The model ordinances did not include this provision, however, I believe this provision to be fair to those pool owners that have substantially complied with the ordinance language. I look forward to your input on this issue and any others that you may wish to discuss. With your approval I believe this matter is appropriate for the next City Council calendar. Should there be any questions regarding the ordinance language, please do not hesitate to contact me. Very truly yours, ARNOLD & M 1E G. Barry Anderson GBA:lls Enclosure cc: Mr. James G. Marka (w /encls City Building Inspector rgm \3188 \01- 1cr.08 • 0 MEMO TO: HUTCHINSON CITY COUNCIL MEMO FROM: HUTCHINSON SAFETY COUNCIL, SECRETARY DATE: AUGUST 2, 1989 FOR YOUR INFORMA_T_IOR JEAN WAR4 / RE: SUPPORT OF HUTCHINSON ORDINANCE REQUIRING FENCED IN SWIMMING POOLS During the July 31, 1989 Hutchinson Safety Council meeting, a motion in support of a new city ordinance requiring both above and below ground pools to be fenced in carried unanimously. We believe requiring fenced in pools is a needed safety measure by pool owners that could help prevent an accidental drowning waiting to happen and are pleased that you are considering such an ordinance at this time. • 0 17-G ORDINANCE NUMBER: 89 -06 • PUBLICATION NUMBER: >>< > < ><> < ><> <><> <> < > <> <> < > <> < ><< An ordinance regulating pools and spas within the City of Hutchinson. The City Council of the City of Hutchinson does ordain as follows: 1. DEFINITIONS. a. Residential Swimming Pool: Shall be defined as any constructed pool, permanent or portable whether constructed below ground level or above ground level which is intended for non- commercial use as a swimming pool by owner families and their guests and which is over 24" in depth and has a surface area exceeding 100 square feet. • b. Spa: Shall be defined as a unit primarily designed for therapeutic use which is not drained, cleaned or refilled for each individual. It may include, but not be limited to hydrojet circulation, hot water, cold water mineral baths, air induction bubbles or any combination thereof. Industry terminology for spa includes, but is not limited to "therapeutic pool ", "hydrotherapy pool ", "whirlpool ", "hot spa ", "hot tub ", etc. C. Toddlers: Shall be defined to include all persons twelve (12) years of age and younger. 2. CONSTRUCTION: a. Pools and spas shall not be located beneath overhead utility lines nor over underground utility lines of any type. b. No person shall build, situate or install a pool or spa 0 -1- /7— G�. within ten feet of any side or rear lot line nor within six feet • of any principal structure, nor within any required front yard. C. While being constructed the pool or spa area must be fenced with a portable fence such as a snow fence of not less than four feet in height. d. No pool or spa shall be located within twenty feet of any part of an on -site sewer system. 3. FENCING• a. All outdoor pools shall be completely enclosed by a fence or wall of the non - climbing type, so as to be impenetrable by toddlers, afford no external hand holds or foot holds, and a minimum of four feet in height. The wall of any pool constructed above ground level regardless of the height thereof shall not qualify as a safety fence. • b. All fence openings shall be equipped with a self - locking, self - closing gate. The locking device shall be located within twelve inches of the top of the fence and openable by key only. The opening between the bottom of the fence or gate and the ground or other surface shall not be more than three inches. C. All outdoor spas shall have either a fence as described in the above - sections or a latchable cover. The cover shall be constructed of a material impenetrable by toddlers and subject to inspection by the City Inspector. 4. RETROACTIVITY: a. Existing pools which do not conform to the requirements of this section shall be required to achieve compliance within -2 -- 9 • sixty (60) days of the effective date of this ordinance. Fences constructed around pools prior to August 1, 1989 may be approved by the City if the fence substantially conforms to the requirements of this ordinance. Pool owners that constructed fences prior to August 1, 1989 may request to be excepted from this ordinance by writing to the City and requesting a pool inspection. An exception to this ordinance is effective only upon written approval from the City. 5. PERMITS• a. No person shall construct, alter or renovate a pool or spa without a building permit. 6. PENALTY: a. Any person violating any provision of this ordinance • shall be guilty of a misdemeanor by State law and subject to the penalties thereof. 7. LEGALLY CONFORMING: a. All swimming pools must be installed and maintained in conformance with all other applicable, City, State and Federal laws. 8. LIGHTING: a. Any outdoor lighting of the pool shall not be permitted to spill or shine upon adjacent properties. 9. VALIDITY: a. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining - 3 - portions of this ordinance. • 10. EFFECTIVE DATE: a. This ordinance shall take effect upon its passage and publication. Adopted by the City Council this day of 1989. Attest: Gary D. Plotz, City Clerk rg. %3188501- dot.05 Mayor Paul Acklund J • HJ37 (612) 587 -5151 ITY OF HUTCHINSON WASHINGTON AVENUE WEST CH/NSON, MINN. 55350 M EM0RAtJDUM TO: _Mayour &_Council FROM: _Marilyn Swanson, Admin. Secretary_ _ _ _ _ _ _ _ _ _ _ _ _ SUBJECT: _Bids for 1989_Improvement Bonds_ _ _ _ _ _ _ The bids for the $1,250,000 G.O. 1989 Improvement Bonds will be opened . at 11:00 A.M. on Tuesday, August 8, 1989. Therefore, Bill Fahey will not have a report ready before the Council meeting that evening. E G, DSO PANE AV r NEW, MEN, NM Mix 10022 (02)Q5 -9200 NNO C NNEC>1CM AVENUE, X. w. NAE®ON1>, D. C. 200D8 (202)857 -0700 3 ONACNCNUECE STRURT LONDON NC3V WIT, XXo D a -9w -3336 36, RUM TiONCEET 75009 PAE/9, PEANCE OI-a2- 66 -59 -69 PAE EAST PINANCx CSNTxi EONO x tl62- 5- 8812555 DOBSEy & WHITNEY A PY(wPMtl,P MCI.. PtlY>•MCYL CPtlA,tl�T Oxc 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 35402 (612) 340 -2600 TELEX 29-0603 FAX(612)340-2868 JEBOME P.- GILLIGAN (6112) 340 -2968 August 3, 1989 Mr. Gary D. Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 Re: $1,250,000 General Bonds of 1989 City of Hutchinson, Dear Gary: Obligation Improvement Minnesota l RECEIVE1 By ............... Enclosed for the August 8th City Council meeting is a form of resolution awarding the sale and setting forth the terms and conditions of the Bonds referred to above. The various blanks in the resolution will need to be filled in once the sale details are known. Please review the form of resolution and call me with any questions or comments you may have. Yours truly, Je /`/��Llf�,�lC me/P. Gilligan�J JPG:cmn CC; Nancy Liss 9-4 E 0 040 MIST NAMONAL MWR NUILDWO EMMSTEE, EIMIEEDTA 85900 (sa>)22e -Due 015 Misr NA"O e X SUILDINO W&T%.TA,x1xxnff TA 53091 (N2i 673.0373 8200 MEST WTEBSTATE CE = E6L W, XODTANA 59100 (6oe)ee2•D9Go 2w "VIDSON 2MMMG OENAT lAI.iI, NOIILIIA 594M (6oel>w -ae39 127 aAnr Mroxr ETHERS XJBR W, E0IRANA 89802 (608)7W -BOAS Obligation Improvement Minnesota l RECEIVE1 By ............... Enclosed for the August 8th City Council meeting is a form of resolution awarding the sale and setting forth the terms and conditions of the Bonds referred to above. The various blanks in the resolution will need to be filled in once the sale details are known. Please review the form of resolution and call me with any questions or comments you may have. Yours truly, Je /`/��Llf�,�lC me/P. Gilligan�J JPG:cmn CC; Nancy Liss 9-4 E 0 BID FORM The City Council Hutchinson, Minnesota RE: $1,250,000 G.O. Improvement Bonds of 1989, Dated August 1, 1989 August 8, 1989 For all or none of the above bonds, in accordance with the Terms and Conditions of Sale, we will pay you $ 3 �( 4 1 X -57� (not less than $1,231,000) plus accrued interest to date of delivery for fully registered Bonds bearing interest rates and maturing in the stated years as follows: 5-7i % due 1991 5.96 % due 1992 60(` % due 1993 4, -L'b% due 1994 !�. /C % due 1995 due 1996 due 1997 6.a r % due 1998 G..�r % due 1999 4�? 'V % due 2000 We enclose our good faith deposit in the amount of $25,000, to be held by you pending delivery and payment. Alternatively, we have wired our good faith deposit to the Ehlers & Associates, Inc. Bond Issue Escrow Account #850 -788 -1 at Resource Bank & Trust Co., Minneapolis, Minnesota. If our bid is not accepted, said deposit shall be promptly returned to us. If the good faith deposit is wired to such escrow account, we agree to the conditions and duties of Ehlers & Associates, Inc., as escrow holder of the good faith deposit, pursuant to the Official Statement dated July 28, 1989. This bid is for prompt acceptance and is conditional upon delivery of said bonds to us or to a named registrar within 40 days from date hereof, or thereafter at our option. The bonds shall be fully registrable as to principal and interest and the City will select the registrar /paying agent and pay the customary chTO . 7 Account Manager: el h e �F By: ACCOUNT MEMBERS: tabt) a /G/ /t�(G rla ve'7�e 2X'1 J� j'1 n 6 • �i h 1�1 C? r�'� d )Li 9t e't rt 4e it �t >F ik ek eF i4 a4 * et $ * * sF i. * * is * >F fe��— •��aY it e'c ,4 iF i4 rF The foregoing offer is hereby accepted by and on behalf of the City Council of the Hutchinson, Minnesota this day of August, 1989. Attest: Title: By: Title: According to our computations (the correct computation being controlling in the award), the total net interest cost of the above bid is $4173 CJ`s' -3.75 and the average net effective interest rate is �;3 O 7W %. • Good faith deposit received (for return to unsuccessful bidder) 0 BID SUMMARY SHEET $1,250,000 General Obligation Improvement Bonds of 1989 City of Hutchinson, Minnesota SALE: Tuesday, August 8, 1989 BID OPENING: 11:00 A.M. AWARD: 7:30 P.M. Account Manager: ALLISON- WILLIAMS COMPANY Account Members: Craig Hallum, Inc. Miller & Schroeder Financial, Inc. Net Interest Cost: $ 480,343. 75 Net Interest Rate: 6.404583 Bid Ranking: • Account Manager: Account Members: BLUNT ELLIS & LOEWI, INC. Net Interest Cost: $ 491, 212.50 Net Interest Rate: 6.5495 Bid Ranking: Account Manager: CLAYTON BROWN & ASSOCIATES, INC. Account Members: • Net Interest Cost: $ 488, 472.48 Net Interest Rate: 6.5129 Bid Ranking: EHLERS AND ASSOCIATES, INC. 04288 /-j Account Manager: CRONIN & CO., INC. Account Members: Edward D. Jones & Company John G. Kinnard & Co., Inc. Marquette Bank Net Interest Cost: $ 473,093.75 Net Interest Rate: 6.30791 Bid Ranking: Accoun: Manager: DAIN BOSWORTH, INC. Account Members: Merrill Lynch Capital Markets Net Interest Cost: $ 476,963.75 Net Interest Rate: 6.3595 Bid Ranking: Account Manager: Account Members: FIRST BANK NATIONAL ASSOCIATION, MINNEAPOLIS Net Interest Cost: $ 473, 531.25 Net Interest Rate: 6.3137 Bid Ranking: Account Manager: HARRIS TRUST & SAVINGS BANK DONALDSON, LUFKIN & JENRETTE SECURITIES CORPORATION FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE Account Members: First Charlotte Corporation Net Interest Cost: $ 482,511.25 Net Interest Rate: 6.4334 _ Bid Ranking: • • Account Manager: MILLER JOHNSON & KUEHN Account Members: M. H. Novick & Co., Inc. Net Interest Cost: $ 478.625.00 Net Interest Rate: 6.3816 Bid Ranking: Account Manager: THE NORTHERN TRUST COMPANY Account Members: American National Bank & Trust Company of St. Paul Hutchinson Shockey, Erley & Co. Net Interest Cost: $477,847.50 Net Interest Rate: 6.3713 Bid Ranking: Account Manager: Account Members: NORWEST INVESTMENT SERVICES, INC. PIPER, JAFFRAY & HOPWOOD, INC. Net Interest Cost: $479,312.50 Net Interest Rate: 6.3908 Bid Ranking: Account Manager: PARK INVESTMENT CORPORATION Account Members: IuIapette- jli ; L%IKN 3 x Moore & Duran Juran & Moody Net Interest Cost: $478.312.50 Net Interest Rate: 6.3775 Bid Ranking: Account Manager: SHEARSON LEHMAN HUTTON INC. Account Members: Prudential -Bache Capital Funding Dean Witter Reynolds, Inc. Smith Barney Paine Weber Net Interest Cost: $ 479.850.71 Net Interest Rate: 6.3980 Bid Ranking: Account Manager: Account Members: Net Interest Cost: Account Manager: Account Members: Net Interest Cost: $ Account Manager: Account Members: Net Interest Rate: Net Interest Rate: Bid Ranking: Bid Ranking: Net Interest Cost: $ Net Interest Rate: Bid Ranking: *' n U e 0 • • WEEKLY MARKET RATES - AS OF CLOSE: REPRESENTATIVE YIELDS U.S. TREASURIES MAT WKLY CHG 3 MO 8.12 +.02 6 MO 8.08 +.19 1 YR 8.03 +.36 2 YR 7.91 +.38 5 YR 7.91 +.33 7 YR 7.93 +.23 10 YR 7.98 +.13 30 YR 8.08 +.12 ECONOMIC DATA: M1 -1.3 BLN N.A.P.M. INDEX (JULY) 46.07 CONSTRUCTION SPENDING (JUNE) LEADING INDICATORS (JUNE) NONFARM PAYROLL (JULY) 169K FRIDAY AUGUST 4, 1989 TAX -FREE MUNI MAT AAA AA 1990 5.65 5:75 1994N 6.05 6.20 1999^ 6.35 6.50 2004 6.60 6.80 2009 6.75 6.95 ,IPALS A BAA 6.00 6.30 6.40 6.70 6.70 7.00 7.00 7.20 7.15 7.25 SELECTED INTEREST RATES THIS WEEK CORPORATES 89 HIGH 89 LOW MAT AA 10.50 A 3 YEAR 8 1/8 8 1/4 5 YEAR 8 1/4 8 3/8 7 YEAR 8 3/8 8 1/2 -0.87 10 YEAR 8 1/2 8 5/8 -0.17 30 YEAR 9 1/4 9 3/8 SELECTED INTEREST RATES THIS WEEK LAST WEEK 89 HIGH 89 LOW YEAR AGO PRIME RATE 10.50 11.00 11.50 10.50 9.50 FED FUNDS 8 7/8 8 7/8 10 1/16 8 7/8 7 11/16 DISCOUNT RATE 7.00 7.00 7.00 6.50 6.00 DBI 20 BOND /10 YRS 6.60 6.58 7.05 6.55 6.89 BBI 20 BOND /20 YRS 6.86 6.95 7.72 6.86 7.69 RBI 25 BOND /30 YRS 7.19 7.26 7.95 7.19 8.05 BLUE LIST /MILL$ 1422.3 1655.2 1655.2 869.4 1323.7 30 DAY VISIBLE SUPPLY /MILL$ 3657.2 2834.8 4319.8 822.6 1576.4 90 DAY COM 1 YR CD 3YRCD 5 YR CD 15 YR GNMA 30 YR GNMA 30 YR GNMA 30 YR GNMA VT100 4ERCIAL PAPER 8.65 8.10 8.05 9.00% * * * * * ** 9.007 COUPONS 9.507 CHANGED TO 10.007 CURRENT ** 8.40 8.78 MY 8.94 BEY 9.22 MY 9.39 BEY 9.37 MY 9.56 BEY 9.57 MY 9.71 BEY . The City Administrator presented affidavits showing publication of the Notice of Sale of $1,250,000 General Obligation Improvement Bonds of 1989, of the City in the Hutchinson Leader, the official newspaper of the City, and in Northwestern Financial Review, as required by law and as directed by Resolution No. 9035 of the City Council adopted July 11, 1989. The affidavits were examined, found to comply with the provisions of Minnesota Statutes, Chapter 475 and directed to be filed in the office of the City Administrator. It was reported that la- sealed bids had been received by the City prior to 11:00 A.M., Central Daylight Time for the purchase of the Bonds in accordance with the Notice of Sale and Terms and Conditions of Sale. The bids have been opened, read and tabulated, and the terms of each have been determined to be as follows: Total Interest Bid for Interest Cost -Net Average Name of Bidder Principal Rates Rate nI w �6 is Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO $1,250,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1989; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, as follows: Section 1. Recitals. 1.01. Authorization. This Council has heretofore ordered various local improvement projects designated as Project Nos. (the Improvements), to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429. The present estimated total cost of the Improvements is as follows: Construction . . . . . . . . . . $933,000 Engineering . . . . . . . . . . . 112,000 Contingency . . . . . . . . . . . 47,000 Cost of Issuance . . . . . . . . 43,000 Capitalized Interest . . . . . . 96,000 Subtotal . Discount . TOTAL . . . . . . . . $1,231,000 19,000 $1,250,000 Pursuant to Resolution No. 9035, this Council determined to issue and sell $1,250,000 principal amount of General Obligation Improvement Bonds of 1989, of the City (the Bonds) to defray the expense incurred and estimated to be incurred by the City in making the Improvements; including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $19,000 representing interest as provided in Minnesota Statutes, Section 475.56. 0 • 1.02. Sale of Bonds. Notice of the sale of the Bonds was duly published as required by Minnesota Statutes, Section 475.60. Pursuant to the Notice of Bond Sale and the Terms and Conditions of Sale, 12 sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have be n determined. The most favorable proposal received is that of �- (,,- , Of a u (the Purchaser), to purchase the Bonds at a rice of $123}7Xla.�r6, the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Issuance of Bonds. All acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to the issuance of the Bonds have been done, do exist, have happened, and have been performed, wherefore it is now necessary for this Council to establish the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. • 1.04. Maturities. This Council finds and determines that the maturities of the Bonds, as set forth in Section 3.01 hereof, are warranted by the anticipated collection of the assessments and ad valorem taxes to be levied for the cost of the Improvements. Section 2. Form of Bonds. 2.01. Form of Bonds. The Bonds shall be prepared in substantially the following form: -2- • (Face of Bonds) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON GENERAL OBLIGATION IMPROVEMENT BOND OF 1989 Date of Rate Maturity Original Issue CUSIP August 1, 1989 SEE REVERSE FOR CERTAIN DEFINITIONS REGISTERED OWNER: PRINCIPAL DOLLARS OLLARS • THE CITY OF HUTCHINSON, McLeod County, Minnesota (the City), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing February 1, 1990, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft of , in , as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. 0 -3- • This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. �J IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Administrator and by a printed facsimile of the official seal of the City and has caused this Bond to be dated as of the date set forth below. Date of Authentication: (Facsimile Signature) (Facsimile Signature) City Administrator Mayor (Facsimile Seal) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bonds] This Bond is one of an issue in the aggregate principal amount of $1,250,000 (the Bonds), all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued to pay the cost of construction of local improvements in the City (the Improvements), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. This Bond is payable primarily from the 1989 Improvement Bond Fund (the Fund) of the City, but the City is required by law to pay maturing principal hereof and interest thereon out of any funds in the treasury if moneys on hand in the Fund are insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, of single maturities. ME • Bonds maturing in the years 1991 through 1995 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 1996 through 2000 are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in inverse order of maturities and by lot, assigned in proportion to their principal amount, within any maturity, on February 1, 1995 and on any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be published in a daily or weekly periodical, published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain • limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. • The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to -5- • exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as.so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the Improvements and ad valorem taxes on all taxable property within the City, collectible in the years and amounts required to produce sums not less than 5% in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Fund in the manner specified in Minnesota Statutes, Section 429.091, Subdivision 4; that, to take care of any accumulated or anticipated deficiency in the Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any charter, constitutional or statutory limitation. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the • applicable laws or regulations: TEN COM -- as tenants UNIF TRANS MIN ACT..... Custodian..... in common (Cust) (Minor) TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common under Uniform Transfers to Minors Act...................... (State) Additional abbreviations may also be used. so ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatsoever. Signature(s) must be guaranteed by a� commercial bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. . 2.03. Form of Certificate. A certificate in substantially the following form shall appear on the reverse side of each Bond, following a copy of the text of the legal opinion of Bond Counsel: 0, We copy of the of Bonds of Bond, dated Bonds. (Facsimile City Adm certify that the above legal opinion rendered the City of Hutchinson as of the date of deli signature) inistrator is a full, true and correct by Bond Counsel on the issue which includes the within very of and payment for the (Facsimile signature) Mayor Section 3. Bond Terms Execution and Delivery. 3.01. Maturities Interest Rates, Denominations, Payment. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General Obligation Improvement Bonds of 1989" and shall be payable primarily from the 1989 Improvement Bond Fund created in Section 4.02 hereof. The Bonds shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts,shall bear interest from date of issue -7- • untilpaid or duly called for redemption at the rates per annum shown opposite such years and amounts as follows: Year Amount Rate Year Amount Rate 1991 $125,000 5, -7 1996 $125,000 6.�� 1992 125,000 5 9a 1997 125,000 -oZO 1993 125,000 4 0-0 1998 125,000 2 1994 125,000 1999 125,000 z 1995 125,000 2000 125,000 a zS The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Dates; Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 1990, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 3.03. Registration. The City shall appoint, and • shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. U-M (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or • not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated Lost Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, • stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, subdivision 1. 3.04. A ointment of Initial ReQist •_ Thf, City hereby appoints {g =- Z4,e� as the initial Registrar. The Mayor and the City Administrator are authorized to execu e a d l ver, on beha f of the City, a contract with- nzuzer� 2a �r l I .. u ✓� ,— , as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. • The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Administrator shall transmit to the Registrar from the 1989 Improvement Bond Fund described in Section 4.02 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05. Redemption. Bonds maturing in the years 1991 through 1995 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 1996 through 2000 shall each be subject to redemption and prepayment, at the option of the City, in whole or in part, and if in part, in inverse order of maturities and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 1995 and on any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, -10- • the City Administrator shall cause notice of the call for redemption to be published in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Upon a partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, and shall be sealed with the official corporate seal of the City; provided that said signatures and the corporate seal may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such • officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authenti- cation on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Administrator to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the purchaser shall not be obligated to see to the application of the purchase price. r� Section 4. Security Provisions. 4.01. 1989 Improvement Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "1989 Improvement Construction Fund" (hereinafter referred to as the Construction Fund), to be held and administered by the City Administrator separate and apart from all other funds of the City. The City appropriates to the Construction Fund -11- • (a) the proceeds of the sale of the Bonds, and (b) all collections of special assessments levied for the Improvements until completion and payment of all costs of the Improvements. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the Bond Fund, created in Section 4.02 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all costs of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds set forth in Section 7 hereof. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 4.02. 1989 Improvement Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Administrator shall maintain a separate and special bookkeeping fund designated "1989 Improvement Bond Fund" (hereinafter referred to as the Bond Fund) to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom and payment of any amount to be paid to the United States in accordance with Section 6.03 hereof. The City irrevocably appropriates to the Bond Fund (a) the collections of special assessments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, (b) any taxes levied in accordance with this resolution, and (c) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. 4.03. Additional Bonds. The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by resolution sufficient additional special assessments and ad -12- valorem taxes, if any, which, together with other moneys or revenues pledged for the payment of said additional obligations, will produce revenues at least five percent (5 %) in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. The additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. 4.04. Levy of Special Assessments. The City hereby covenants and agrees that for payment of the cost of each of the Improvements it will do and perform all acts and things necessary for the full and valid levy of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20 %) of the cost of such Improvement. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any • condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. The Council presently estimates that the special assessments shall be in the principal amount of $ payable in not more than /D installments, the first installment to be collectible with taxes during the year 19V TO and that deferred installments shall bear interest at the rate of -7, percent (_%) per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. • 4.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds as the same become respectively due. For the purpose there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be spread upon the tax rolls prepared in each of the following years and collected with other taxes in the following years and amounts as follows: -13- Levy Collection • Year Year Amount 1989 1990 1990 1991 1991 1992 1992 1993 1993 1994 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 0 The foregoing tax levies are such that if collected in full they will produce at least five percent (5 %) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 4.06. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants contained in this resolution. It is estimated that the taxes and special assessments levied and to be levied for the payment of the Improvements will be collected in amounts not less than five percent (5 %) in excess of the annual principal and interest requirements of the Bonds. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the amount of taxes and special assessments theretofore levied for the Improvements and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.06, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. -14- • Section 5. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 6. Registration Certification of Proceedings, Investment of Moneys, Arbitrage and Official i6.01. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on his bond register and that the tax required for the payment thereof has been levied and filed as required by law. 0 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds -15- • to become subject to taxation under the Internal Revenue Code of 1986, (the Code), and Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. For purposes of complying with the requirements of Section 148(f)(4)(C) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: (i) the City is a governmental unit with general taxing powers; (ii) the Bonds are not "private activity bonds" as defined in Section 141 of the Code (Private Activity Bonds); (iii) ninety -five percent of the net proceeds of the Bonds are to be used for the local governmental purposes of the City; and (iv) the aggregate face amount of all tax - exempt bonds • (other than Private Activity Bonds) issued by the City in calendar year in which the Bonds are to be issued is not reasonably expected to exceed $5,000,000. 6.04. Investment of Money on Deposit in the bona Fund. After February 1, 1995 the City Administrator shall ascertain monthly the amount on deposit in the Bond Fund. If after February 1, 1995 the amount on deposit therein ever exceeds by more than $96,000 the aggregate amount of principal and interest due and payable from the Bond Fund within the next succeeding 12 months, such excess shall be used to prepay and redeem Bonds or be invested at a yield less than or equal to the yield on the Bonds, based upon their amounts, maturities and interest rates on their date of issue, computed by the actuarial method. If any additional bonds are ever issued and made payable from the Bond Fund, the dollar amount in the preceding sentence shall be changed to equal 5 percent of the aggregate original principal amount of the bonds of all series, including the Bonds, of which any bonds are then outstanding and payable therefrom. The City reserves the right to amend the provisions of this Section at any time, whether prior to or after the delivery of the Bonds, if and to the extent that this Council determines that the provisions of this Section are not necessary in order to ensure that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and Regulations. -16- 6.05. Arbitrage. The Mayor and City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Sections 1.103 -13, 1.103 -14 and 1.103.15 of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. Section 6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified tax - exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 1989 it does not reasonably expect to issue tax - exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $10,000,000. Section 6.07. Official Statement. The official • Statement relating to the Bonds, dated July 28, 1989, prepared and distributed on behalf of the City by Ehlers and Associates, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City Administrator is hereby authorized and directed on the date of issuance and delivery of the Bonds to pay from the proceeds of the sale of the Bonds, deposited in the Construction Fund the fees and expenses of the following persons incurred in connection with the issuance of the Bonds up to the maximum amount set forth opposite the name of such person upon receipt by the City of a satisfactory statement therefor: Service Maximum Payee Performed Amount Ehlers & Associates, Inc. Minneapolis, Minnesota Financial Consultant Moody's Investors Service, Rating of Bonds Inc. -17- The claims of the above persons up to the maximum amount set forth opposite the name of such person is hereby approved and no further action of this Council shall be necessary in connection with the payment of such fees and expenses of- issuance of the Bonds. Attest: City Administrator (SEAL) 0 Mayor I* The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. IJ • -19- ►A P 3137 k Sqs tA 3 ,?7 13 A `f r �77-�')sl 5 681 N 3 7(n g JA 7 3 � gd n 4 0 ys8- 3 0 7 0 33q ✓' /D S l a7 cc SVf� 0 . CERTIFICATION OF MINUTES RELATING TO $1,250,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1989 Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on August 8, 1989, at 7:30 o'clock p.m., in the City Hall. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): 1 through 19 RESOLUTION NO. 94 �O RESOLUTION RELATING TO $1,250,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1989; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND • DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of August, 1989. • (SEAL) Gary D. Plotz City Administrator / 1 The City Administrator presented affidavits showing • publication of the Notice of Sale of $1,250,000 General Obligation Improvement Bonds of 1989, of the City in the Hutchinson Leader, the official newspaper of the City, and in Northwestern Financial Review, as required by law and as directed by Resolution No. 9035 of the City Council adopted July 11, 1989. The affidavits were examined, found to comply with the provisions of Minnesota Statutes, Chapter 475 and directed to be filed in the office of the City Administrator. It was reported that sealed bids had been received by the City prior to 11:00 A.M., Central Daylight Time for the purchase of the Bonds in accordance with the Notice of Sale and Terms and Conditions of Sale. The bids have been opened, read and tabulated, and the terms of each have been determined to be as follows: Total Interest Bid for Interest Cost -Net Average Name of Bidder Principal Rates Rate • Member introduced the following resolution and moved its adoption: RESOLUTION NO. �?O GO RESOLUTION RELATING TO $1,250,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1989; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, as follows: Section 1. Recitals. 1.01. Authorization. This Council has heretofore ordered various local improvement projects designated as Project Nos. (the Improvements), to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429. The present estimated total cost of the Improvements is as follows: u Construction . . . . . . . . . . $933,000 Engineering . . . . . . . . . . . 112,000 Contingency . . . . . . . . . . . 47,000 Cost of Issuance . . . . . . . . 43,000 Capitalized Interest . . . . . . 96,000 Subtotal . . . . . . . . . . . . $1,231,000 Discount . . . . . . . . . . . . 19,000 TOTAL . . . . . . . . . . . $1,250,000 Pursuant to Resolution No. 9035, this Council determined to issue and sell $1,250,000 principal amount of General Obligation Improvement Bonds of 1989, of the City (the Bonds) to defray the expense incurred and estimated to be incurred by the City in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $19,000 representing interest as provided in Minnesota Statutes, Section 475.56. • 1.02. Sale of Bonds. Notice of the sale of the Bonds was duly published as required by Minnesota Statutes, Section 475.60. Pursuant to the Notice of Bond Sale and the Terms and Conditions of Sale, sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of , of (the Purchaser), to purchase the Bonds at a price of $ , the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Issuance of Bonds. All acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to the issuance of the Bonds have been done, do exist, have happened, and have been performed, wherefore it is now necessary for this Council to establish the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. 1.04. Maturities. This Council finds and determines that the maturities of the Bonds, as set forth in Section 3.01 hereof, are warranted by the anticipated collection of the assessments and ad valorem taxes to be levied for the cost of the Improvements. Section 2. Form of Bonds. 2.01. Form of Bonds. The Bonds shall be prepared in substantially the following form: L -2- 0 [Face of Bonds] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF McLEOD CITY OF HUTCHINSON GENERAL OBLIGATION IMPROVEMENT BOND OF 1989 Date of Rate Maturity Original Issue CUSIP August 1, 1989 SEE REVERSE FOR CERTAIN DEFINITIONS REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS • THE CITY OF HUTCHINSON, McLeod County, Minnesota (the City), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable on February 1 and August 1 in each year, commencing February 1, 1990, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft of , in , as Bond Registrar, Transfer Agent and Paying Agent (the Bond Registrar), or its successor designated under the Resolution described herein. • Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. -3- This Bond shall not be valid or become- obl- igatary -for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Administrator and by a printed facsimile of the official seal of the City and has caused this Bond to be dated as of the date set forth below. Date of Authentication: (Facsimile Signature) (Facsimile Signature) City Administrator Mayor (Facsimile Seal) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. principal and tenor privilege • By Authorized Representative (Reverse of the Bonds] This Bond is one of an issue in the aggregate amount of $1,250,000 (the Bonds), all of like date except as to serial number, interest rate, redemption and maturitv date. issued to aav the cost of construction of local improvements in the City (the Improvements), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. This Bond is payable primarily from the 1989 Improvement Bond Fund (the Fund) of the City, but the City is required by law to pay maturing principal hereof and interest thereon out of any funds in the treasury if moneys on hand in the Fund are insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, of single maturities. • Bonds maturing in the years 1991 through 1995 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 1996 through 2000 are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in inverse order of maturities and by lot, assigned in proportion to their principal amount, within any maturity, on February 1, 1995 and on any interest payment date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be published in a daily or weekly periodical, published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain • limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. C� The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to -5- exist, to happen and to be performed precedent to and in the • issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefited by the Improvements and ad valorem taxes on all taxable property within the City, collectible in the years and amounts required to produce sums not less than 5% in excess of the principal of and interest on the Bonds as such principal and interest respectively Become due, and has appropriated the same to the Fund in the mainer specified in Minnesota Statutes, Section 429.091, Subdivision 4; that, to take care of any accumulated or anticipated deficiency in the Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any charter, constitutional or statutory limitation. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: • TEN COM -- as tenants UNIF TRANS MIN ACT..... Custodian..... in common (Cust) (Minor) TEN ENT -- as tenants by the entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common under Uniform Transfers to Minors Act...................... (State) Additional abbreviations may also be used. • ASSIGNMENT is FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatsoever. Signature(s) must be guaranteed by a commercial bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. 2.03. Form of Certificate. A certificate in substantially the following form shall appear on the reverse side of each Bond, following a copy of the text of the legal opinion of Bond Counsel: We copy of the of Bonds of Bond, dated Bonds. (Facsimile City Adm certify that the above legal opinion rendered the City of Hutchinson as of the date of deli signature) inistrator is a full, true and correct by Bond Counsel on the issue which includes the within very of and payment for the (Facsimile signature) Mayor Section 3. Bond Terms, Execution and Delivery. 3.01. Maturities, Interest Rates, Denominations, Payment. The City shall forthwith issue and deliver the Bonds, which shall be denominated "General obligation Improvement Bonds of 1989" and shall be payable primarily from the 1989 Improvement Bond Fund created in Section 4.02 hereof. The Bonds shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from date of issue -7- untilpaid or duly called for redemption at the rates per annum • shown opposite such years and amounts as follows: Year Amount Rate Year Amount Rate 1991 $125,000 1996 $125,000 1992 125,000 1997 125,000 1993 125,000 1998 125,000 1994 125,000 1999 125,000 1995 125,000 2000 125,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Each Bond shall be dated by the Registrar as of the date of its authentication. 3.02. Dates; Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 1990, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying • agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. is fE • (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or • not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. 0 (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of - • evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, subdivision 1. 3.04. Appointment of Initial Registrar. The City hereby appoints , as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City, a contract with , as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. • The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Administrator shall transmit to the Registrar from the 1989 Improvement Bond Fund described in Section 4.02 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05. Redemption. Bonds maturing in the years 1991 through 1995 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 1996 through 2000 shall each be subject to redemption and prepayment, at the option of the City, in whole or in part, and if in part, in inverse order of maturities and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 1995 and on any interest payment date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, • -10- • the City Administrator shall cause notice of the call for redemption to be published in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and to be mailed to the Registrar and to the registered owner of each Bond to be redeemed, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Upon a partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. • 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, and shall be sealed with the official corporate seal of the City; provided that said signatures and the corporate seal may be printed, engraved, or lithographed facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authenti- cation on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. when the Bonds have been so executed and authenticated, they shall be delivered by the City Administrator to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the purchaser shall not be obligated to see to the application of the purchase price. Section 4. Security Provisions. 4.01. 1989 Improvement Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "1989 Improvement Construction Fund" (hereinafter referred to as the Construction Fund), to be held and administered by the City Administrator separate and apart from all other funds of the City. The City appropriates to the Construction Fund -11- (a) the proceeds of the sale of the Bonds, and (b) all • collections of special assessments levied for the Improvements until completion and payment of all costs of the Improvements. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the Bond Fund, created in Section 4.02 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all costs of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds set forth in Section 7 hereof. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 4.02. 1989 Improvement Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Administrator shall maintain a separate and special bookkeeping fund designated "1989 Improvement Bond Fund" (hereinafter referred to as the Bond Fund) to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom and payment of any amount to be paid to the United States in accordance with Section 6.03 hereof. The City irrevocably appropriates to the Bond Fund (a) the collections of special assessments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, (b) any taxes levied in accordance with this resolution, and (c) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. 4.03. Additional Bonds. The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by resolution sufficient additional special assessments and ad • -12- • valorem taxes, if any, which, together with other moneys or revenues pledged for the payment of said additional obligations, will produce revenues at least five percent (5 %) in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. The additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. 4.04. Levy of Special Assessments. The City hereby covenants and agrees that for payment of the cost of each of the Improvements it will do and perform all acts and things necessary for the full and valid levy of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20 %) of the cost of such Improvement. In the event that any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the City's officers or employees, either in the making of such assessment or in the performance of any • condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. The Council presently estimates that the special assessments shall be in the principal amount of $ payable in not more than installments, the first installment to be collectible with taxes during the year 198_, and that deferred installments shall bear interest at the rate of percent (_%) per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. • 4.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds as the same become respectively due. For the purpose there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be spread upon the tax rolls prepared in each of the following years and collected with other taxes in the following years and amounts as follows: -13- Levy Collection • Year Year Amount 1989 1990 1990 1991 1991 1992 1992 1993 1993 1994 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 The foregoing tax levies are such that if collected in full they will produce at least five percent (5 %) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 4.06. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the • Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants contained in this resolution. It is estimated that the taxes and special assessments levied and to be levied for the payment of the Improvements will be collected in amounts not less than five percent (5 %) in excess of the annual principal and interest requirements of the Bonds. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on October 1 in any year the sum of the balance in the Bond Fund plus the amount of taxes and special assessments theretofore levied for the Improvements and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.06, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. • -14- • Section 5. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 6. Registration, Certification of Proceedings, Investment of Moneys, Arbitrage and Official Statement. • 6.01. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on his bond register and that the tax required for the payment thereof has been levied and filed as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or • agents any action which would cause the interest on the Bonds -15- to become subject to taxation under the Internal Revenue Code • of 1986, (the Code), and Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. For purposes of complying with the requirements of Section 148(f)(4)(C) of the Code relating to the exemption of certain small governmental units from the rebate requirements of the Code, the City represents that: (i) the City is a governmental unit with general taxing powers; (ii) the Bonds are not "private activity bonds" as defined in Section 141 of the Code (Private Activity Bonds); (iii) ninety -five percent of the net proceeds of the Bonds are to be used for the local governmental purposes of the City; and (iv) the aggregate face amount of all tax - exempt bonds (other than Private Activity Bonds) issued by the • City in calendar year in which the Bonds are to be issued is not reasonably expected to exceed $5,000,000. 6.04. Investment of Money on Deposit in the Bond Fund. After February 1, 1995 the City Administrator shall ascertain monthly the amount on deposit in the Bond Fund. If after February 1, 1995 the amount on deposit therein ever exceeds by more than $96,000 the aggregate amount of principal and interest due and payable from the Bond Fund within the next succeeding 12 months, such excess shall be used to prepay and redeem Bonds or be invested at a yield less than or equal to the yield on the Bonds, based upon their amounts, maturities and interest rates on their date of issue, computed by the actuarial method. If any additional bonds are ever issued and made payable from the Bond Fund, the dollar amount in the preceding sentence shall be changed to equal 5 percent of the aggregate original principal amount of the bonds of all series, including the Bonds, of which any bonds are then outstanding and payable therefrom. The City reserves the right to amend the provisions of this Section at any time, whether prior to or after the delivery of the Bonds, if and to the extent that this Council determines that the provisions of this Section are not necessary in order to ensure that the Bonds are not "arbitrage bonds" within the meaning of Section 148 of the Code and • Regulations. -16- • 6.05. Arbitrage. The Mayor and City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 198 of the Code, and Sections 1.103 -13, 1.103 -19 and 1.103.15 of the Regulations, stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. • Section 6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified tax - exempt obligations" for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 1989 it does not reasonably expect to issue tax - exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 195 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $10,000,000. Section 6.07. Official Statement. The Official Statement relating to the Bonds, dated July 28, 1989, prepared and distributed on behalf of the City by Ehlers and Associates, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City Administrator is hereby authorized and directed on the date of issuance and delivery of the Bonds to pay from the proceeds of the sale of the Bonds, deposited in the Construction Fund the fees and expenses of the following persons incurred in connection with the issuance of the Bonds up to the maximum amount set forth opposite the name of such person upon receipt by the City of a satisfactory statement therefor: Service Payee Performed Ehlers & Associates, Inc. Minneapolis, Minnesota Financial Consultant Moody's Investors Service, Rating of Bonds Inc. -17- Maximum Amount The claims of the above persons up to the maximum amount set i forth opposite the name of such person is hereby approved and no further action of this Council shall be necessary in connection with the payment of such fees and expenses of issuance of the Bonds. Attest: City Administrator (SEAL) yor The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. • • (612) 587 -5151 f/U1CH' CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: August 4, 1989 TO: May & City Council FROM: Mary Haugen and Connie Mangan ------------------------ - - - - -- SUBJECT: Inclusion of Civic Arena In Cost -Share Maxi Audit Grant ------------------------ - - - - -- As approved by the City Council, a maxi energy audit was included as a part of the City Hall renovation project. The City has applied to the Energy Division of the Minnesota Department of Public Service for a cost -share maxi audit grant. The maxi audit is a comprehensive engineering study of • a building and its energy using systems. It identifies available energy conservation opportunities and analyzes the potential costs and benefits of those measures. The Civic Arena has some major energy concerns. Your approval to include the Civic Arena in the cost -share maxi audit grant is requested. /ms • (612) 587 -5151 • WASHJWHUTCHINSON, ITY OF HUTCHINSON INGTON AVENUE WEST MINN. 55350 M E M O R A N D U M DATE: August 4, 1989 TO: Mayor 6 Council — — — — _ - -- — — — — — — — — — — — — — — FROM: Gary D. Plotz, CitesAdministrator — — — — — — — — — — — — — SUBJECT: City Administrators And Managers Conference In—Des—Moines,—Iowa Council policy requires approval before any out -state conferences are attended. • This is the first year I can remember that the Annual International Managers Conference is in the Midwest. Being that it is relatively close by, I would like to make a special effort to attend this year. It is on September 24 -28 in Des Moines, Iowa. The registration is $385.00, plus travel. Sufficient funds are available in my budget. I have attended these conferences in the past; however, it has been several years. /ms • d , I-hutcf inson 9D community Hospital _ 1095 Highway 15 South, Hutchinson, Minnesota 55350 • Telephone 612/587 -2148 July 31, 1989 Mir. Marlow Priebe City Hall 37 Washington Avenue West Hutchinson, MN 55350 Dear Marlow: Hutchinson Community Hospital is currently facing a shortage of parking space for employees. Because of this shortage, we respectfully request that parking be allowed on the North side of Freemont Avenue to allow employees to park reasonably close to our facility. The Hospital would, of course, be willing to pay to have the correct signage isinstalled on that street. This request should be temporary in nature as we are in the planning stages of altering and adding to our parking lots. Thank you for prompt consideration of this request. Sincerely, H CHI SON COMMUNITY HOSPITAL Philip G. Graves Administrator PGG:Ih • /O -,Z-, Regular Council Meeting August 8, 1989 WATER $ SEWER FUND • *Withhold Tax Acct employer contribution $639.57 repairs Ag Systems probe 21.90 571.59 Automation Supply supplies 93.79 Hutch Wholesale Brandon Tire repair 11.46 screws Carquest parts 33.14 532.12% Coast to Coast supplies 207.01 Com of Revenue July sales tax 865.58 Electric Motor Co. repair 8.00 Ericksons More 4 distilled water 7.80 Family Rexall photos 4.19 Farm & Home parts 28.88 Farmers Elevator fertilizer 147.89 Fitzloff Hdwe parts 24.27 G $ K Services uniform rental 226.75 Hutch Telephone telephone 308.68 Hutch Utilities electric & gas 13,444.97 Hutch Fire & Safety extinguisher 51.95 Junker Sanitation refuse charges 37,637.70 Juul Contract. repairs 3,092.18 L $ P Supply supplies 9.95 Logis computer charges 1,072.64 MN. Valley Testing Lab. water testing 344.79 Nalcon Chemical parts 56.33 P.E.R.A. employer contribution 371.13 Electric repairs 152.30 •Quades Simonson Lumber lumber 75.69 Sorensen Farm wheel disc 1/3 cost 345.17 Schramm cultivator 1/3 cost 200.00 Tri County Water salt 4.10 Wm. Mueller & Sons gravel 66.00 U.S Postmaster meter postage 86.33 AMI clean pits 95.00 Ashbrook- Simon - Hartley training film 119.12 Betsy Boone computer training 516.14 Edward Dulas cleaners 20.40 Greenbriar flowers D.Olson 11.00 Hyatt Regency -Mpls League convention 14.28 Sargent Welch sampler 59.59 Van Nostrand Reinhold cloth 37.40 First Trust -Mpls interst on bonds 16,800.00 City of Hutch Self Ins Fund medical - August 2,219.73 City of Hutch Dental Fund dental - August 292.69 Mutual Benefit Ins. Co. LTD - August 108.15 79,933.64 CENTRAL GARAGE FUND *Withhold Tax Acct employer contribution $89.96 Brandon Tire repairs 330.09 •Carquest parts 571.59 Farm & Home parts 3.74 Hutch Wholesale parts 648.41 Jerabek Machine Shop screws 4.08 MacQueen Equipment parts 532.12% �(�'�l/ -2- GENERAL FUND P.E.R.A. employer contribution $53.67 Plowman's repairs 65.75 • Town $ Country Tire tire repair 18.68 Myron Wigen parts 79.84 U.S. Postmaster meter postage 4.75 W.D. Cooling repair 19.00 Harpel Bros bracket 2.00 Doug Meier expense report 19.69 Phil's Service tow $ parts 86.72 Wacker Implement repairs 737.77 City of Hutch Self Ins Fund medical- August 235.61 City of Hutch Dental Fund dental - August 31.28 Mutual Benefit Ins. Co. LTD - August 11.60 3,546.35 GENERAL FUND * Withhold Tax Acct employer contribution $4,702.78 *Apollo Corp. down pymt for tub 1,096.00 *Canterbury Downs admissions for Holland team 52.00 *County Recorder Helland property bal. due 1.50 *DNR registration fees 162.00 *DNR registration fees 113.00 *Scienee Museum of MN admissions for Holland team 60.50 *Taylors Falls Recreation admissions for Holland team 162.25 •*U.S. Postmaster Albrecht Oil Co. August newsletter mailing July fuel 168.54 207.91 Albinson shoe point 4.37 Allen Office Products supplies 58.80 Allied Mechanical fab work 160.00 American Welding cylinder rent 1.50 Bellkato flagging 22.44 Bennett Office Supplies printer stand 496.45 Bennett Office Supplies service contract 36.97 Brinkman film 50.79 Browns Greenhouse perennials 22.40 Bryan Rock Products rock 2,684.05 Carr Flowers baskets 27.80 Carquest Auto parts 7.26 Carney's supplies 10.19 Chamber of Commerce rent 386.59 Coast to Coast parts 128.95 Co Treasurer D L fees 122.00 Copy Equipment file drawar 690.00 Charles Bailly services 100.00 Crow River Glass door closer 197.65 Crow River Vet services 178.50 Culligan services.$ salt 161.20 Erickson More 4 groceries 21.76 Family Rexall Drug supplies, film, photos 146.76 $ Home supplies 401.03 •Farm Farmers Elevator insecticide 206.00 Feed Rite demurrage charge 10.00 Fitzloff Hardware parts 143.76 Gopher State One Call July service 162.50 G $ K Services uniform rental 681.27 Hager Jewelry nameplates $21.14 Henry's Candy concession candy 1,531.84 Hutch Hospital blood tests,laundry 81.85 Hutch Landscaping shrubs 80.00 Hutch Leader ads, pubs 504.59 Hutch Plumbin P, Htg parts 6.81 Hutch Telephone telephone 3,538.25 Hutch Utilities electric 10,510.02 Hutch Utilities supplies 836.28 Hutch Wholesale parts 255.84 Hutch Fire $ Safety extinguishers inspec 496.45 HCVN X110 cable tv 750.00 Joe's Sport Shop trophies 1,211.20 Jubilee Foods groceries 191.43 Kokesh pitching machine, bats, balls 2,832.09 Ink Spots supplies 30.41 Juul Contractin services 6,885.50 L 8 P Supply plugs 131.05 League of MN Cities annual dues 4,620.00 Logis computer charges 7,023.02 Mankato Mobile Radio supplies 231.42 McGarvey Coffee coffee, filters 28.20 MN. Playground parts 158.89 Meeker Washed Sand $ Gravel sand 690.51 Motorola radio 803.51 Northern States Supply parts 166.65 Olson's Locksmith locks 11.00 •Pan 0 Gold July charges 20.25 P.E.R.A. employer contribution 4,376.71 Plowman's repair 52.35 Quade Electric repairs 237.56 Schramm Implement cultivator 420.00 Sorensen Farm wheel disc 591.32 Standard Printing supplies 11.40 Town $ Country Tire tire repair 6.50 Streicher's supplies 28.50 Star Cablevision August service 4.05 The Saltman salt 28.50 Templeton Trust employer contribution 168.52 Tri County Water salt, services 53.10 U.S. Postmaster meter postage 683.92 Xerox contract payments 1,396.14 Zee Medical Service supplies 83.70 Wm. Mueller $ Sons gravel 1,553.50 City of Hutch Self Ins. Fund Medical- August 14,223.69 City of Hutch Dental Fund dental - August 1,861.15 Mutual Benefit Ins. Co. LTD August 701.40 Alexander M fg battery 37.47 Amer. Planning Assoc dues 20.00 Blevins Concession Supply beverage 48.96 Camera Art lift 204.31 Clarey's Safety Equip equipment 464.40 Unlimited donuts 5.18 •Donuts Game Time parts 245.05 Clem Williams Films films 155.50 Hennepin Parks field trips 42.00 Hometown Music part 4.98 108,413.96 0 -4_ Hutch Fire Dept. Relief Assoc 1989 budget item $9,500.00 Regency -Mpls league convention 633.60 .Hyatt International Conf. dues 75.00 Jacob's Concrete Prod adj. rings 234.00 Linder Bus Co. field trips 2,385.75 David Lorence professional services 850.00 Mtce Engineering equipment 25.40 McLeod Cty Historical Soc. admissions 9.00 MIAMA conference 380.00 The Nelson's admissions for Holland Team 55.00 Nicklasson Athletic Co. tennis nets 442.50 Outbound Tours deposit Sr. tour 90.00 P 4 Inc. mouthpieces 110.83 Priebe Engineering services per contract 4,400.00 Rannow Electric repair 15.00 The Secretarian July - B. Lamp 748.00 The Shoe Inn repair mitt 7.00 Up €, Away Balloons balloons 24.00 Voss Electric Supply bulbs 315.84 Mary Anderson refund swim lessons 8.00 Peggy Christianson refund Twins game 6.00 Dale Foster refund Twins game 6.00 Bradley Meyer refund Twins game 1.00 Laura Olson refund Sunbeams 13.00 Keith Peik refund Twins game 6.00 Jo Piehl refund twins game, swim lessons 30.00 •Bruce Rosenow Jill Schrader refund shelter refund Twins game 10.00 6.00 Jane Sears refund Twins game 6.00 Mark Serafin refund Twins game 6.00 Merrill Wendlandt refund Twins game 25.00 Roxanne York refund Twins game 25.00 Vic Arlt umpire 36.00 Jennifer Crosby umpire 24.00 Chuck Draeger umpire 84.00 Kurt Leske umpire 120.00 Howard Manthei umpire 108.00 Matt Myllykangas umpire 60.00 Melissa Runke umpire 8.00 Randy Starke umpire 80.00 Matthew Telecky umpire 16.00 Greg Zetah umpire 20.00 John Bernhagen August compensation 1,800.00 Bill Haas Holland caricatures 75.00 Todd Javens safety boots 29.99 Harold Krueger dance at VFW 60.00 Roberta Tabberson seminar expense 8.25 Earl Alsleben safety boots 30.00 108,413.96 0 s BOND FUNDS Youth Center Northern Lights Neon down payment on sign $100.00 Bonds of 1985 STORE FUND First Trust - Mpls interest on bonds 37,093.75 1985 Tax Inc Debt Sery $3410.55 First Trust - Mpls bond interest 4,687.50 Park & Rec Debt Service Johnson Bros. Wholesale Liquor wine & liquor Am National Bank interest 19,612.50 Bonds of 1988 Debt Service 4411.98 Am National Bank interest 60,800.00 Bonds of 1988 Griggs Cooper & Co. wine & liquor Duinick Bros Inc. Est #5 & final 4,408.56 S & L Excavating Est #5 & final 4,345.00 Bonds of 1989 wine & liquor 1069.42 Rickert Excavating Est #2 10,692.25 Juul Contracting Est #3 82,372.71 STORE FUND •LIQUOR Ed Phillips & Sons wine & liquor $3410.55 Ed Phillips & Sons wine & liquor 3512.41 Johnson Bros. Wholesale Liquor wine & liquor 544.86 Johnson Bros. Wholesale Liquor wine & liquor 4411.98 Griggs Cooper & Co. wine & liquor 923.64 Griggs Cooper & Co. wine & liquor 2870.47 Quality Wine & Spirits wine & liquor 5156.02 QUality Wine & Spirits wine & liquor 1069.42 City of Hutchinson payroll 4373.23 Withhold Tax employer contribution 303.26 PERA employer contribution 177.30 Am. Linen Supply towels 24.68 Bernicks Pepsi Cola mix 24.00 City of Hutchinson insurance 1126.94 Hutchinson Telephone phone service 95.20 Henry's Candy Co. supplies 1231.92 Mn. U.C. Fund unemployment ins. 1.57 Northland Beverages mix 218.80 Mn. National Guard Assn. adv. 20.00 Peterson Rodeo Promotion adv. 50.00 St.Cloud REst. Supply supplies 28.50 Town & Country Tire repairs 22.35 Mn. Law Enforcement adv. 145.00 Sprengler Trucking June freight 570.96 $30,293.06 0 • • FOR YOUR INFORiVIATION August 3, 1989 City of Hutchinson 37 Washington Avenue West ENGINEERS Hutchinson, MN 55350 ARCHITECTS Attn: Marlow Priebe SCIENTISTS City Engineer Re: City of Hutchinson, Minnesota Amendment No. 1 to Engineering Agreement Dated June 27, 1989 Dear Mr. Priebe: Per our discussions, we are proposing the following scope of services and compensation changes to our engineering agreement for design and construction related services dated June 27, 1989. Amend Article 2, Scope of Engineering Services, Part 1, Phase 1 - Preliminary Study, to add the following: Part 1, Phase IA - Alternate Preliminary Study: Investigate the feasibility of routing fire protection service lines through adjacent building basements. 1. Perform field reconnaissance of basements of all structures involved. ° Determine existence of basements and approxi- mate locations /dimensions of basements. Determine piping conflicts within basements. 2. Determine feasible routing from field reconnais- sance. Develop rough sketches of routes. 3. Determine probable construction cost estimate. Revise Article 5 - Compensation by adding another line under Part 1 as follows: Phase IA - Estimated $10,000 to $13,000 on an hourly basis. ■ 7200 Hemlock lane, North Svile200 Maple Grove. Minnesota 55369 612.425.2181 Teloax 612.425.1913 • If you have any questions on any of the above, please contact the writer, James R. Miller. Very truly yours, DONOHUE & ASSOCIATES, INC. ENGINEERS James R. Miller ARCHITECTS Associate SCIENTISTS L JRM/bjg T /L /QJ8 • Marlow Priebe August 3, 1989 Page 2 0 • August 3, 1989 ENGINEERS City of Hutchinson 37 Washington Avenue West ARCHITECTS Hutchinson, MN 55350 SCIENTISTS Attn: Marlow Priebe City Engineer Dear Mr. Priebe: Per your request, we are in the process of calculating a con- struction cost estimate to include not only servicing the 49 businesses as in our original proposal but also to add a ser- vice line into the basement of the remaining 42 businesses in the same general area. The inclusion of these additional 42 businesses were not in our original proposal and may be con- sidered as extra costs depending upon our final cost for the project. We estimate that our fee approximately $600. Thank ation of this matter. Very truly yours, DONOHUE & ASSOCIATES, INC. James R. Miller Associate J RM /b j g T /L /QJ8 ■ 7200 Hemlock Lone, North Suite200 Maple Grove, Minnesota 55369 612.425.2181 Telefa 6!2.425.1913 to perform this calculation will be you for your review and consider- �] L� August 4, 1989 City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 Attn: Mr. Marlow V. Priebe, P.E. City Engineer Re: City of Hutchinson, Minnesota Downtown Sprinkler Project Part 1, Phase 1 Dear Mr. Priebe: As a result of discussions during our meeting on July 31st, the opinion of probable construction costs presented in our report dated July 14, 1989 has been revised. Changes were made at the request of the City staff to reflect the estimated cost of the following construction: Sanitary sewer replacement on Main Street from Second Avenue North to the Crow River. - Installation of water services to all buildings, which the services would be of sufficient size to serve potable water usage for each building and fire sprinkler protection needs whether immediately or in the future. The buildings are located within the area encompassed by the Crow River on the north, Franklin Street on the west, Hassan Street on the east, and Fourth Avenue on the south. In the case of the latter revision, the opinion of cost includes those costs associated with installing the water service from the main in the street or in the sidewalk, as the case may be, up to and into the basement of the building. The cost includes the estimate for constructing services to 49 buildings whose basements are 1500 square feet or larger, for installing a sprinkler system in those basements, and for installing water services to 42 other buildings whose basements are assumed to be smaller than 1500 square feet. As was stated in our report, our opinion of costs to install interior sprinkling is based upon average costs for such work and the occupancy classification of each building, which was provided by the City Fire Marshal. While the cost for a particular building could vary from the average depending • upon the configuration of the basement, structural features, extent of existing finished area, basement improvements envisioned by the building owner, and other factors, we believe that the unit costs that were used in determining the estimated cost are reasonable based on present known conditions. The revised opinion of construction costs for the alternative is enclosed. The total is for services to the 91 buildings, and sprinkling the basement of the 49 buildings, see attached exhibit. If there are any questions, please call me at (612) 425 -2181. Very truly yours, • DONOHUE & ASSOCIATES, INC. E Eugene Anderson, P.E. EA /so File: 42346.501 T /L /QK1 Mr. Marlow V. Priebe August 4, 1989 Page 1 • • . OPINION OF PROBABLE CONSTRUCTION COSTS ALTERNATIVE #1 IN- SIDEWALK PLAN (Domestic Services Shut -off at the Corporation Stop) Ll MAIN STREET - -- 15,900 15,900 INTERIOR EXTERIOR TOTAL Bridge to 2nd Ave. N. 48,100 - -- 20,300 20,300 2nd Ave. N. to 1st Ave. N. 27,500 124,100 151,600 lst. Ave. N. to Washington 180,300 155,400 335,700 Washington to 1st Ave. S. 98,000 63,100 161,100 1st Ave. S. to 2nd Ave. S. 226,700 145,500 372,200 2nd Ave. S. to 3rd Ave. S. 85,600 33,600 119,200 3rd Ave. S. to 4th Ave. S. - -- - -- - - - -- 16,300 16,300 618,100 - ----- -- 558,300 - - -- - --- 1,176,400 SIDE STREETS 1st Ave. N.- Franklin to Main - -- 15,900 15,900 1st Ave. N -Main to Hassan - -- 18,500 18,500 Washington - Franklin to Main 19,800 48,100 67,900 Washington -Main to Hassan - -- 9,100 9,100 2nd Ave. S- Franklin to Main 8,400 61,300 69,700 2nd Ave. S. -Main to Hassan - -- 4,300 4,300 3rd Ave. S. -Main to Hassan 10,200 40,900 51,100 1st Ave. S.- Nemitz Paint 15,600 3,400 19,000 Hassan -2nd Ave. N. to 1st Ave. N. - -- 6,100 6,100 Franklin -2nd Ave. S. to 3rd Ave. S. - -- -- - -- --- 4,100 4,100 54,000 -- - - - --- 211,700 -- - --- -- 265,700 OTHER Main St.- Bridge to 2nd Ave. N (sanitary sewer) - -- 20,000 20,000 Traffic Control - -- 10,000 10,000 Dewatering - -- 5,000 5,000 --- - ---- -- -- ---- -- ------ 35,000 35,000 TOTAL 672,100 805,000 1,477,100 . OPINION OF PROBABLE CONSTRUCTION COSTS ALTERNATIVE zl (Option) IN- SIDEWALK PLAN (Domestic Services Shut -off at the Curb Stop and not at the Corporation Stop) LJ • MAIN STREET - -- 15,900 15,900 INTERIOR EXTERIOR TOTAL 18,500 Bridge to 2nd Ave. N. 48,100 - -- 20,300 20,300 2nd Ave. N. to 1st Ave. N. 27,500 109,500 137,000 1st. AVe. N. to Washington 180,300 127,600 307,900 Washington to 1st Ave. S. 98,000 59,800 157,800 1st Ave. S. to 2nd AVe. S. 226,700 123,300 350,000 2nd Ave. S. to 3rd Ave. S. 85,600 33,600 119,200 3rd Ave. S. to 4th Ave. S. - -- --- -- -- 16,300 16,300 -- 618,100 -- ---- - -- 490,400 --- - - - --- 1,108,500 SIDE STREETS 1st Ave. N.- Franklin to Main - -- 15,900 15,900 1st Ave. N -Main to Hassan - -- 18,500 18,500 Washington- Franklin to Main 19,800 48,100 67,900 Washington -Main to Hassan - -- 9,100 9,100 2nd Ave. S- Franklin to Main 8,400 61,300 69,700 2nd Ave. S. -Main to Hassan - -- 4,300 4,300 3rd Ave. S. -Main to Hassan 10,200 40,900 51,100 1st Ave. S.- Nemitz Paint 15,600 3,400 19,000 Hassan -2nd Ave. N. to 1st Ave. N. - -- 6,100 6,100 Franklin -2nd Ave. S. to 3rd Ave. S. - -- - - - ----- 4,100 4,100 54,000 ----- - -- 211,700 -- ------ 265,700 OTHER Main St.- Bridge to 2nd Ave. N (sanitary sewer) - -- 20,000 20,000 Traffic Control - -- 10,000 10,000 Dewatering 5,000 5,000 - - - - ---- - ------- -- ---- -- 35,000 35,000 TOTAL 672,100 737,100 1,409,200 • OPINION OF PROBABLE CONSTRUCTION COSTS ALTERNATIVE #2 IN- STREET PLAN (Domestic Services Shut -off at the Corporation Stop) • 0 MAIN STREET 15,900 INTERIOR EXTERIOR TOTAL 18,500 Bridge to 2nd Ave. N. 19,800 - -- 20,300 20,300 2nd Ave. N. to lst Ave. N. 27,500 50,300 77,800 1st. AVe. N. to Washington 180,300 164,800 345,100 Washington to lst Ave. S. 98,000 70,700 168,700 lst Ave. S. to 2nd AVe. S. 226,700 138,800 365,500 2nd Ave. S. to 3rd Ave. S. 85,600 32,500 118,100 3rd Ave. S. to 4th Ave. S. 16,300 16,300 -- - - -- -- 618,100 -- ------ 493,700 - ---- - -- 1,111,800 SIDE STREETS 1st Ave. N.- Franklin to Main 15,900 15,900 lst Ave. N -Main to Hassan 18,500 18,500 Washington - Franklin to Main 19,800 48,100 67,900 Washington -Main to Hassan - -- 9,100 9,100 2nd Ave. S- Franklin to Main 8,400 61,300 69,700 2nd Ave. S. -Main to Hassan - -- 4,300 4,300 3rd Ave. S. -Main to Hassan 10,200 40,900 51,100 lst Ave. S.- Nemitz Paint 15,600 3,400 19,000 Hassan -2nd Ave. N. to lst Ave. N. 6,100 6,100 Franklin -2nd Ave. S. to 3rd Ave. S. - -- 4,100 4,100 - - -- ---- 54,000 - --- - - -- 211.700 -- -- - - -- 265.700 OTHER Main St.- Bridge to 2nd Ave. N (sanitary sewer) - -- 20,000 20,000 Traffic Control - -- 10,000 10,000 Dewatering - -- 5,000 5,000 35,000 35,000 TOTAL 672.100 740.400 1.412.500 • CITY OF HUTCHI • N CENTRAL COMMERCIAL DISTRICT f / \ SECOND _ _ AVENUE N O R T H -- - - - - -- - I P �I f W ❑ W - - - -�� P Q -------------- P FIRST WASHINGTON ®- ti FIRST SECOND . ... ....... i� •_- 1 I j FOURTH 9 H W W t F n NORTH 0 a AVENUE AVENUE SOUTH s n < l law 11 UTH W r n [7v =7�,m z O N a r r� THIRD AVENUE S. nn .o a,ma .............. nc n,.wa a Riry m w- .......... LEGEND 0 PROPOSED. BUILDINGS AVE. a. TO BE SERVICED ` f —�� PROPOSED BASEMENT ® SPRINKLING I H 1 f < UV I I r, e, Y-, AVENUE tea,. 1.,• A(' V t•.:ss h AVENUE SECOND . ... ....... i� •_- 1 I j FOURTH 9 H W W t F n NORTH 0 a AVENUE AVENUE SOUTH s n < l law 11 UTH W r n [7v =7�,m z O N a r r� THIRD AVENUE S. nn .o a,ma .............. nc n,.wa a Riry m w- .......... LEGEND 0 PROPOSED. BUILDINGS AVE. a. TO BE SERVICED ` f —�� PROPOSED BASEMENT ® SPRINKLING I H 1 f < UV I I r, e, • DAVID B. ARNOLD CHARLES R. CARMICHAEL GARY D. M�DOWELL STEVEN A. ANDERSON 0 BARRY ANDERSON STEVEN S. HOG£ LAURA K. PRETLAND DAVID A. BRUEGGEMANN JOSEPH M. PAIEMENT JAMES UTL£Y JULIA A. CHRISTIANS RICHARD O. M<GEE 0 July 27, 1989 ARNOLD & MGDOWELL ATTORNEYS AT LAW 5881 CEDAR LAME ROAD MINNEAPOLIS, MINNESOTA 55410-1482 (812) 545 -9000 M` TOLL FREE 800 -343 -4545 CABLE MGLAW MINNEAPOLIS TELECOPIER (612) 545 -1793 Mr. Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, MN 55350 RE: Reese v. City of Hutchinson Our File No.: 3244 -87 -0010 Dear Gary: I 1 J � ti "' 1-3g -0 Or COUNSZL WILLIAM W. CAMERON PAUL D. DOVE 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55391 (612) 089 -2214 TELECOPIER(612) 368 -5506 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 (612)567 -7575 TELECOPIER(612) 567 -4006 FOR YOUR WORMAT10�N I would appreciate it if you would provide this correspondence, as well as a copy of the letter to the Court Administrator, to the council for their information. As I advised you, in early July our office made a motion for summary judgment to the Court which, if the matter had been heard, would have the effect of placing the issue before the judge with an eye towards judgment dismissing Plaintiffs' actions. Subsequent to that motion, I understand that Reese and Hornick have negotiated the sale of the Reese property and accordingly, the motion becomes superfluous. The only further action that will be necessary in this case is the preparation of a Stipulation for Dismissal with Prejudice which will be entered into following September 1, 1989. Please contact me with any questions. Very t y yours, AR MCDOWELL k • arry Anderson GBA /lls DAVID B. ARNOLD CHARLES R. GARMICHAEL GARY D. MCDOWELL STEVEN A. ANDERSON G. HARRY ANDERSON STEVEN S. HOLE LAURA R. PRETLAND DAVID A. HRUEOOEMANN JOSEPH M. PAIEMENT JAMES UTLEY JUL" A. CHRISTIANS RICHARD O. CO,, M July 27, 1989 Amq= & MCDOwELL ATTORNEYS AT LAW 5881 CEDAR LANE ROAD MINNEAPOLIS. MINNESOTA 55416 -1492 (812) 545 -9000 MN TOLL FREE 800 -343 -4545 GABLE MCLAW MINNEAPOLIs TELEGOPIER (512) 545 -1103 Jennie Kottke Deputy McLeod County Court Administrator McLeod County Courthouse Glencoe, MN 55336 OF COUNSEL WILLIAM W. CAMERON PAUL D. DOVE • 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 5$971 (512)989 -2214 TELECOPIER(612) 359 -5508 101 PARR PLACE HUTCHINSON. MINNESOTA 55350 (512) 581 -1515 T£LECOPIER(812) 581 -4098 FOR YO';r; 1i RE: Reese v. City of Hutchinson Our File No.: 3244 -87 -0010 Dear Jennie: As you know, this matter was set to be heard on Friday, July 28, • 1989. I did confirm with the Court Administrator's office that the scheduled motion has been struck from the calendar as it appears this case has settled. Part of the settlement involves the purchase of the Reese property by the adjoining property owner with a projected closing date of September 1, 1989. As part of that Purchase Agreement, the litigation is to be dismissed with prejudice and without further cost to any party. It will be September 1, of course, before all of the details are taken care of, but it is my understanding that the Purchase Agreement is non - contingent and no problems are anticipated. Therefore, I believe the matter can be removed from the active trial calendar. In the unlikely event the settlement does not take place, I assume I will need to refile a Note of Issue to move the matter forward. Thank you for your time and attention to this matter. Very truly yours, ARNOLD 6 McDOWELL G. Barry Anderson GSA /lls CC: Pete Kasal Nutchinson Safety Council Minutes June 26, 1989 FO 12:00 Noon R 'OUR INfQRMgTlOry. • Hutchinson Fire Station The Program was given by Carol Bufton, President of the Minnesota State Safety Council. Carol spoke regarding the mission of the State Safety Council - to promote occupational, home and public safety and to reduce accidents. Resources from the Minnesota State Safety Council include * Speaker's Bureau and an * Audio visual Library Programs that the State Safety Council are involved in include: * MN Safe Kids * Defensive Driving Course, and * Awards Program School Patrol School Bus City and County Traffic Awards Program The meeting was called to order by Vice - President Mark Schnobrick. The Treasurer's report was given and the minutes were approved as read. OLD BUSINESS 1. Out of seven letters sent out in May to potential new members, we have received 5 responses. The VFW and Legion have not yet responded. We now have 29 members on our mailing list. Mailing the minutes out costs approximately $100.00 per year. The Treasurer moved that we • request an additional $100.00 per year for a total budgeted amount of $250.00 per year. The motion was seconded and approved unanimously. 2. The County Fair was discussed. Since the safety trailer is not available George Fields moved that we obtain the Vince and Larry Crash Dummies for the fair. The motion was seconded by Grant Knutson and approved unanimously. Mark Schnobrick will check with Liz Akre, our Safety Council member representative from the Student Council to ask her recommendation on people who might be willing to wear the costumes at the Fair. Mark will also check with John Reynolds about renting a space at the Fair. Les Smith stated that the money in our savings account was set aside for the purpose of defraying expenses at the County Fair and could be used for Tepting a booth at the Fair. It was decided that we would need some pamphlets and hand -out materials for the Fair and for the rack at the entrance to City Hall. George Fields stated that he would be willing to stock the pamphlet rack at City Hall if we had the materials available. The City Hall rack is suppossed to be sponsored by the Hutchinson Jaycees and the Hutchinson Safety Council; a letter will be written to the Jaycees asking for funds to order materials to stock the City Hall Rack and to ask whether they would be willing to sponsor the Safe Kids brochures (.10c / copy) at the Fair Booth. Jean Ward will look into ordering the safety brochures for both the Fair and the and the City Hall pamphlet rack. 3. The next meeting will be Monday, July 31st at the Fire Hall. The meeting was adjourned at 1:15. Submitted by Jean Ward, Secretary / Treasurer • • HCDC Board of Directors Wednesday, June 7, 1989 7:00 AM - Chamber Meeting Room MINUTES Directors Present Carol Haukos Phil Graves Jim Bullard Glenn Matejka Don Erickson Meeting was called to order by Vice Chairman Graves. yoR YC.....,, AMATIOI, Others Present John Bernhagen, Exec. Dir. Gary.Hoffman, Chamber Rep. Motion by Erickson, seconded by Matejka and carried to approve the minutes of May 3, 1989. Motion by Matejka, seconded by Erickson and carried to approve the treasurer's reports. Bernhagen gave a review of several projects. 1. A clarification is being sought from the Minnesota Trade and Economic Development Department regarding the sale of the balance of the New Dimension Plating Loan to Community Reinvestment Fund. Because we are not as yet closed out with the state there is some possibility if the loan were sold the Federal Grant people may require repayment of part of the loan instead of the city being able to retain all principal and interest payments. 2. The sprinkling of basements is progressing, with the city council approving a resolution to proceed after a public hearing was held on May 23rd. An outside engineering consultant will be hired to do the project. 3. Meetings are being held with John Korngiebel on the Hotel Project It is proceeding. Various financial packaging proposals are being investigated. 4. Main Street renovation now has 10 projects in various stages. Bernhagen reported on several businesses showing interest in the community. Often the lack of manufacturing space becomes a deterring factor. The board suggested the Finance Committee again explore the pros and cons of constructing a 'Spec" building. Gary Hoffman reported the Chamber Is proposing a meeting or luncheon with a prominent state official as guest speaker. Motion by Haukos, seconded by Bullard and carried to co-sponsor the event with the Chamber. Graves reported on negotiations regarding an expanded Ophthalmology Clinic. He will be working with Bernhagen and the Finance Committee as needed. There being no further business the meeting was adjourned. HCDC BOARD OF DIRECTORS WEDNESDAY, AUGUST 9, 1989 T. A. (BUZZ) BURICH HOME 7:00 P.M. AGENDA I. Cali to Order - Chairman Burich II. Minutes of June 7, 1989 Ill. Treasurer's Report IV. Update A. Main Street Renovation - Connie Mangan B. Hutch Hotel - Connie Mangan 1. Housing survey - HUD 2. Financing 3. Sprinkling Project - Bernhagen/Mangan V. Annual Meeting A. Date -September 11, 6:30 P.M. B. Location -Victorian Inn C. Nomination Committee report - ( Burich term expires) D. Menu, Program, etc. VI. 1990 Budget VII. Review of Projects VIII. Other V Adjourn A 4� 1V 4 i� FOR YOUR INFORMATION 'Star City' Annual Meeting Wednesday & Thursday September 27 & 28, 1989, Minneapolis Metrodome Hilton. F 989 CITY OF HUTCHINSON 1 GENERAL FUND 3JECT DESCRIPTION 0 (OPTION 021 DIVISION -- BUDGET WORKSHEET -BY OBJECT DIV 48 COMMUNITY DEVELOPMENT 1989 1990 1987 1988 1989 Y -T -D EST DEPT ACTUAL ACTUAL APPROP 05 -31 -89 ACTUAL REQUEST /019 y0 AS OF 7 -06 -89 U/S� 1990 1990 MGR COUNCIL RECOMMD ADOPTED E PAGE 44 �111kTi Of/ 120 W WAGES TEMPORARY 4 411 I I I I I I I '"• T TOTAL PERS SERVICES 4 411 I I I I I I I -------- '00 . - - - 372 - - 201 ---- ------ 4 450 - -- --------- 5 - -- -- -- 350 ----- --------- I I ---------- I I --------------------- '10 O OPERATING SUPPLIES 1 131 2 228 I - - - - -_ I I I I •TOTAL S SUPPLIES,REP,MAINT 5 503 4 429 4 450 5 5 I I----- - 00 P PROFESSIONAL SERVI - ____ - - - - -- -19745 2 21600 2 ----- ----------- - - - - - -- - ---- I ----I- ------------------ ;09 -OTHER - -CONTRACTUAL - ------ - - - - - -- -3638 - -- 2496 3 3000 ------ 1 -- _22400 1 I I I 'l1 P POSTAGE 1 171 2 - - - - -- -_ - -- - -- ------ - - - - -- 5 I I I 20 T TRAVEL SCHOOL CONF 1 1295 1 1056 1 1200 I I I 1 1 I I 30 ADVERTISING 2 - - I I - ---- - - -- -- _ 80 R - - - - -- 6 ---- - - - - - -I 09 M MISCELLANEOUS 3 210----------------- 21D- I-----_ ZQQI--------- I I------- - •• -TOTAL - -MISCELLANEOUS--------------- 3--- - - - - - -- - -. - -- -210_ -- - --- - 21I 1QI --I- --- ----- -- ------- -- 30 M MACHINERY 6 EQUIPMENT 4 ------------- - 4602 I I I I I I 3 •• T TOTAL CAPITAL OUTLAY 4 ----------------- - - --- - ----- ----------- - --- ---- ---- ---- - ---------------------------------------------- 1 1 1 TAL A AMOUNTS THIS DIVISION . 3 30099 3 34228 3 --- ------ - --- -- - - ------- ------ ----- --- - -- - - ------------------------_------- I GENERAL FUND DV 48 COMMUNITY DEVELOPMENT 44 FOR YOUR INFORMATION Z C'Dyk(t MINUTES MCLEOD REGIONAL RAIL AUTHORITY APRIL 26, 1989 Members Present: Sheldon Nies, Chairman Dean Oleson, Secy- Treas. Ancher Nelsen Larry Graf Tom Daggett Lawrence Fiecke Joe Gehlen Members Absent: Les Forman Others Present: Mike Ross Barry Anderson, Attorney Ron McGraw, Attorney Kathy Nevanen Hazel Sitz Chairman Nies called the meetino to order at 8:00 a.m, at Citizens Bank Meeting Room, Hutchinson. The minutes of the meeting of April 12, 1989, were approved. Chairman Nies reported a hearing on the railroad reorganization plan will be held on Mav 11 at 9:30 in Minneapolis. It would be helpful if representatives • of the Rail Authority were able to attend to show that the Rail Authority favors the plan. After discussion, several members indicated they would plan to attend the hearing. Attorneys McGraw and Anderson gave updates on property that has been sold and leases being reviewed. It was decided to view some of the rail property between Mound and Wayzata on May 11 to gain familiarity with the lease situation there. Ancher Nelsen reported that Jerry Ross would welcome the formation of an executive committee to assist with communications and management questions. Meeting adjourned at 8:50 a.m. • Recorded by Hazel Sitz MINUTES CENTRAL PRAIRIE RAILWAY ASSOCIATION APRIL 5, 1989 Members Present; Les Forman, Chairman E1Rcv Dobratz, Vice-Chair Buzz Burich, Treasurer Members Absent; Julius Rainwater Darrel Hduoen Larry Watson Julius Rainwater Gary Blythe Roger Stearns Others Present; Mike Ross Jim Brown Tom Lovett Ancher Nelsen Ron McGraw Gary F'lotz Sheldon Nies _________1 Controller, Lester's Chairman Forman called the meetino to order at 8 a.m. at the Citizens Bank Meeting Room. He requested update information from the Dakota Rail bankruptcee trustee, Tom Lovett, and MN /Dot representative, Jim Brown, Report indicated that the reorganization plan needs additional work. Trustee is working with Mike Ross to complete the plan. The state is ready to go ahead with additional rehabilitation work in order to keep the rail in good operating order. There was discussion of sale and /or lease of rail properties to complete the reorganization plan and to pay the obligations of the Dakota Rail. Trustee's efforts are directed toward keeping the railroad in operation. Report will be made to McLeod Regional Rail Authority at their next meeting. Recorded by Hazel Sitz • u "Dry Dock" Board of Directors Meeting July 12, 1989 / �+ • 2:CO p.m. �aN � V \w Members•Present: John Kunze Gary Plotz Justin Barrick Steve Madson Sharla Krueger - Jo Larsen Dan Hawes Jim Mills - Dolf Moon - I• At their July 11th meeting, the Hutchinson City Council approved the lease agreement with Tom Dolder for the former Spanky's facility for use as a youth center to be known as "The Dry Dock ". If the youth center should, in the future, go to a non - profit corporate status, this youth board of directors will become an advisory council to an adult board of directors. ZI. Meg Mielke was not able to be present to report on the Youth Volunteer Program. However, Justin and John are working with Meg and stated that several volunteers and organizations have been matched up and projects for the summer are in place with plans for more during the upcoming school year. III. Plans for Opening of The Dry Dock is • A. Advertising for a manager has gone out. The earliest beginning date is July 24. B. The facility will be available August 1, 1989 C. Tentative opening date- August 10 D. Will need to change Spanky signs Tom Dolder will see to the inside signs. John Kunze will contact Peter Brynildson about changing the outside signs. E. Gary Plotz reminded the board that, because of the auditing process, a second proposal must be gotten for any expense over $50.00. F. The building owner will repair roof leaks and start air conditioning units. G. Discussion was held on the type, number and location of video games for the center. Final plans will be made at a later date. H. The following fee structure was adopted: Six month membership - -$10 resident $12 non - resident Single entrance fee -- $2.00 No charge for the first week of opening. Grand Opening will be held the second week. I. Discussion was held on youths re- entering the center after leaving. Any incidents that occur because of this must be handled quickly and effectively by the management so it does not develop into a serious problem. J. The following operating hours were established: Thursdays 6 -10 p.m. for ages 12 to 15 Fridays 6 -9 p.m. for ages 12 to 15 9 p.m. - midnight for ages 16 -20 Saturdays 6 p.m.- midnight for ages 16 -20 Sundays 6 -9 p.m, for ages 12 to 15 9 p.m.- midnight for ages 16 -20 IV. Next meeting date will be 2:30 p.m., July 31 at The Dry Dock. H U e T C P U 8 L I C DATE: July 13, 1989 11K H I N S S C H 0 TO: Hutchinson City Council O N 0 L S FROM: Jim Mills, Youth Center Board of Directors SUBJECT: The Hutchmobile as a source of transportation for the city youth center. (DRY DOCK) The Youth Center Board of Directors, at their July 12, 1989 meeting, unanimously endorsed the concept of using the Hutchmobile as a source of transportation to and from the youth center. Suggested summer operating hours are from 6:00 P.M. to 10:00 P.M. Thursday through Sunday evenings. This transportation to be only access to and egress from the youth center facility. This concept was presented to the United Way of Hutchinson at their FY 90 funding hearings. The hearing committee was receptive to this proposal, and it should impact -)n future funding for center operations. It is anticipated that costs not covered by grant funding will be absorbed by charging a nominal rider fee and /or other donated sources of income. The Center (DRY DOCK) Board of Directors recommends that the city council direct the city administrator to expeditiously proceed with the appropriate grant application. INDEPENDENT SCHOOL DISTRICT 123 HUTCHINSON. MINNESOTA 55350 DISTRICT ADMINISTRATION 30 GLEN STREET NORTH 16 121 56 7 2860 TECHNICAL INSTITUTE OF HUTCHINSON 200 CENTURY AVENUE (612) 5673636 i • • 0 • "DRY DOCK" Board of Directors Meet Aug. 1, 1989 8:30 A.M. at Youth Center AGENDA �v I& �N .V, Ry /, 1. Introduction of Dry Dock manager and election of board ov r chairperson. �rOR��nr /On/ 2. Review of opening dates (Aug 10 6 17) operating hours, S �1 'Y fee structure adopted 7- 12 -89. 3. Review mechanical start -up procedure, building keys, security erc. - building owner. 4. What needs to be done /prioritize. - Building cleaning, repair, etc. furniture - Secure bids on softdrink beverage service, ice machine, signs, etc. - Determine what type of snacks, food (sandwich machine etc.) should be installed. - How many video games - supplier. - Telephone service - pay phone ? - Hook up TV 6 test. - Sound equipment operating - Juke Box installation? - Promotion- advertising - radior, cable TV, newspaper local and surrounding areas. - Hutchmobile - two way radior at facility. - Membership cards /printing - color coding etc. - Custodial care. - Volunteer helop for Mgr. - Youth and adult. 5. Misc. 6. Adiournment 7/21.'89 HUTCHINSON UTILITIES COMMISSION HUTCHINSON, MINNESOTA BALANCE SHEET .TUNE 30, 1989 PAGE i FOR YpUR ,N�,pR� t, •..',. v 1. ^ • • w ELECTRIC + • • • • ■ • • GAS TOTAL • +, r. _� ASSETS - - - �UTIL,ITY PLANT -- Al COST - LAND & LAND P1101TS 140,963.19 13,978.10 154,941.20 - DEPRECIABLE UTILITY PLANT 17, 957, 010. 00 2,416,6i2.S1 20,373,623.61 TOTAL UTILITY PLANT b .097,973.90 1.0 2,430,590.9 1 _ _ 20,528,564.81 '�'.•_______. LESS ACCUMULATED DEPRECIATION (1 2,131,320.75) (1,048,420.03) (13,179,740.78) TOTAL ACCUMULATED DEF•kECIATiON (12,131,320,75) - (1,048,_420.03) .__..,___ (13,179,740.78) __- CONSTRUCTION IN PROGRESS 253,523.35 40,580.41 294,103.76 + TOTAL CONSTRUCTION IN PROGRESS - -- - - - - 253,523.35 TOTAL UTILITY PLANT DEPFCC VALUE _` 6,220,176.50 1,422.751.29 7,64 2,927.79 ( -* RESTRICTED FUNDS G ACCOUNTS _ F= FUTURE_ EXPANSION N DEVELOPMENT— 6 +919,821.10 1,250,000.00 8,169,821.10 ..' RESERVE FOR FUEL OIL _- _. __.. _.... 750.000.00 ___... _. _..__-�__ —_._ -_ 750, O0p.00 i - MEDICAL INSURANCE 60,000.00 40,000.00 100,000.00 _ITA_— OPERATING 6 MAINT RESERVE -_ 200,000.00 .00 200 000.0 .. _ - INSURANCE LOSS _ -. 300,000.00 .. .. _.. .._ _- - - -.00 - - -- 309 000.00 '-- --_-. ( BOND 6 INTEREST PAYMENT 1986 268,356.76 .OA 268,356.76 1986. POND RESERVE 392,000.00 .00 .392,000_._00___ CATASTROPHIC FAILURE FUND _ _ 750.000.00 - .00 _.. 750,000.00 ' ( ? FEDERAL INTERPRETATION .00 627,356.52 627,356.52 ( MAIN REPLACEMENT FUND __ _ _ -____ .00 1,00.0_,0.0.0.00 �_. TOTAL RESTRICTED FUNDS & ACCOUNTS _ 9,640,177.06 _ 2,917,356.52 _1,_000,000.00 �12, 557, 534.38 J l CURRENT 6 ACCRUED ASSETS - CABH IN SANK - -- _ -- 365,231.26 - - 754.392.02 - -- 1,119,663.28 l C INVESTMENTS A SAVINGS ACCOUNTS 451,845.18 110,501.29 562,346.47 �( ACCOUNTS RECEIVABLE -- 865,209.34 217.,29A.20 1,082,503.54_, INVENTORIES 522,513.95 — -- ______ - 59,416.75581, -__ 930.70 - - -- -- _ PREPAID INSURANCE 23,986.55 1,330.92 25,316.57 `- '' ACCRUED INTEREST RECEIVABLE_ 129,008.48 70,233_ 22 � TOTAL CURRENT d ACCRUED ASSETS - 2,357,774.76 1 ^13,167.50 -- 3;5'70 3,570,942.26. ". DEFERRED CHARGE =.., BOND DISCOUNT I986 B5,337.97 -- .UO 85,337.97 ' '. TOTAL DEFERRED CHARGE 85,337.97 .00 85,337.97 !'( us u TOTAL ASSETS 18,303,467.09 5,553,275.31 23,856.742.40 1 I.F, l 7/21!89 HUTCHINSON UTILITIES COMMISSION PAGE HUTCHINSON, MINNES'07A BALANCE SHEET JUNE 30, 1989 w r w ELECTRIC w -+� r "�« w r w GAS �_ ** �_» - ......w * w * TOTAL w • • • �.: MUNICIPAL EQUITY 6 LIABILITIES MUNICIPAL EQUITY MUNICIPAL EQUI "TY 13,621,309.78 4,943,423.28 18. 564, 733.06 �1!- UNAPPROPRIATED RETAINED P_ARNINGS 646,629.69 450,4i6.49 1,097,046.19 tl CUNTRIBUTIOk TO CITY _ - ��� - -�- (225,000.00) (.00) -- - "- (2^61000.00) ---- - - - - -- TOTAL MUNICIPAL EQUI7Y 14,042,939.47 5,393,839.77 19,436,779.24 _ LONG TERM LIABILITIES -NET OF .. .. - - - __. _..___ - .._. _ -- - - -' _ CURRENT MATURITIES t 1986 BONDS _ 3,510,000.00 .00 3 „10,000.00' TOTAL LONG TERM LIABILITIES.._______ —__ ...__._. 3.510,000.00 - -.. - __.... .00 .. - CONSTR_ CONTRACTS d_AC_CT5 PAY RETAIN - . -. - -- "DOTAL CONSTRUCTION 9 ACC "IS PAY __.___ _ -_ -. _.. _ .00 _. _- •00 .00___-_ , - CURRENT A ACCRUED LIABILITIES - _.- ..- ACCOUNTS . PAYABLE- __._____539,606.07 - __.. .1341485.65_._ -_._. 674,091.71___________.__:: . -. INTEREST ACCRUED,. 18,766.27 .00 18,766.27 .( PAYABLE TO ASSOCIATED COMPANY (22,927.24) (.00) (22,927.24) �- _ACCT ACCRUED PAYkOLL - - - -- - -- - -- 39,219.43 _ - - -- 8,094.21 -- --- - - - - - -- - " 48,113.64 - _ ACCRUED VACATION PAYABLE 77,803.84 16,048.68 93,852.52 ;( CUSTOMER DEPOSITS_ 97 986.25 .00 97,906.25 _ OTHER CURRENT 6 ACCRUED LIABI_ LITIES 73.00 - _ - -- - 7.OU - "" -- - - - - -- _ -- - 80.00 -. TOTAL CURRENT 6 ACCRUED LIAR 750,527.62 159,435.54 909,963.16 TOTAL MUNICIPAL-EQUITY d LIAR 18,303,467.09 5,553,275.31 23,eZ6,742.40 i - l t' 1 C ', •, '8b HUIC.HLNSON UTILITILS COMMISSION PAGE i FOR YOUR HUTCHINSON, MINNESOTA 41iF 1NFORMATI FLFCTkIC DIVISION STATEMENT OF INCOME A EXPENSES JUNE 30, 1989 PREVIOUS CURRENT __ BUDGETED __ - -___. .. ___ _ BUDGET .. ._._.. .. 77.77 ANNUAL _YEAR TO DATE --- ---- YEAR TO DATE -------- ----- YEAR TO DATE ------- ---- -- _- DEVIATION _-- _BUDGET -__ INCOME STATEMENT _. _. _.. 7.77....7 OPERATING REVENUE __.._ .SALES - ELECTRIC ENERGY 4,166,341 .87 4,380.010.91 4,457,340.00 - (37,329.09) 9,206,600.00_ _ UPA - ENERGY 13,519,55 .00 .15,000.00 (15,000.00) 15,000.00 NET INCOME FROM OTHER. SOURCES 14,143.69. 13,285.18 13,499.00 (213.82) 23,580.00_ SECURITY LIGHTS 6.290.50 6,393.00 7,500.00 _ _ (1,107.00 ) - - 15.000.00 POLE RENTAL 1,916.25 3,032.50 2,000.00 1,832.50 4,000.00 TOTAL OPERATING REVENUE 4,202,211.86 4,403,521.59 4,455,339.00 (51,817.41). 9,264,480.00 OPERATING EXPENSES PRODUCTION OPERATION 257,424.29 328,548.62 313,897.08 (14,651.54). 594.922.00 PRODUCTION MAINTENANCE 45,534.12 58,078.46 _. _ 44,265.30 ; ____. (13,813.16) _ _._ _. _._ 134,630.00 _ PURCHASED POWER 2,526,762.93 2,502,580.25 2,550,415.68 47,835.43 5,313,366..00 TRANSMISSION OPERATION -.00 80.65 .00 (80.65) 4,600100__ TRANSMIBSION MAINTENANCE - 68,936.67 16,309.83 _ - -18. 530.00--- - -- -- 2.220.17 - — _32,500.00 _ DISTRIBUTION OPERATION 62,561.01 77,389.03 71,132.68 (6,256.35) 147,088.00 _ DISTRIBUTION MAINTENANCE 61,918.55 51,001.88 54,029.61 3,027.73 98,214.00_ - 7777 _ _ CUSTOMER EXPENSES - - - -- - 36,523.58 _ 39,743.79 _ 38,263.08 (1,480.71) 76.161.00 -_ CUSTOMER SERVICES 6,197.70 4.948.36 5,724.00 775.64 11,448.00 ADMINISTRATIVE &GENERAL EXPENSES 312,819.03 324,666.48 344,641.41_____,_19,974.93 657.005.00 - !i =_ -� -- DEPRECIATION _ - 480,000.00 _ - 467,000.00 - - - -- 481,180.00 14,180.00 - --- 9821000100 TOTAL OPERATING EXPENSES 3,858,677.88 3,870,347.35 3,922,078.84. 51,731.49 8,051,934.00 _- OPERATING INCOME - - 343,533.98 533.174.24 _________ 533,260.16 7 — (1 (85 _ -. 92) _ 1-, . . 212_ _ ,546__.0_0 OTHER INCOME AND DEDUCTIONS - OTHER - NET 1,998.94 (4,443.53) 2,541.00 (6,984.53) 7,400.00 _ INTEREST INCOME 157,449.09 203,650.18 147,500.00 56,150.18 295,000.00 MISC INCOME /EXPENSE 20,322.91 7,113.38 ....7.777 (390.00) 7,503.38 1,000.00 - - _ _ -_ _ _ INTEREST EXPENSE 98,107_45 _ 92,064.58 __ .__ 08,000:00 —_._.. _.. 7777._ (4,864.58) 7777__ .. _. __ 180,000.00 TOTAL OTHER INCOME AND DEDUCTIONS 81,663.49 113,455.45 61,651.00 51,804.45 123,400.00 . NET INCOME T 425,197.47 646,629.69 ____ 594,911.!6 _7716____ - 51,718.53 7 __ 1,335,946.00 l 7/24/89 HUTCHINSON UTILITIES COMMISSION PAGE 2 HUTCHINSON, MINNESOTA GAS DIVISION STATEMENT OF INCOME 8 EXPENSES JUNE 30, 1989 ' CURRENT _.. _.______ BUDGETED _ _____- EUDGET PREVIOUS ANNUAL YEAR TO DATE YEAR TO DATE YEAR TO DATE DEVIATION .,BUDGET INCOME STATEMENT OPERATING REVENUES SALES 2,391 076.90 2,297,596.88 2,239,350.00 58,246.88 3 00,000 00 FORFEITED .DISCOUNTS 5,745.62 6,428.13 4,640.00 1,788.13 8,000.0(. - TOTAL OPERATING REVENUE 2,396,822.52 2,304,025.01 2,243,990.00 60,035.01 3, 508, 600.00 }- OPERATING EXPENSE ... MFG GAS PRODUCTION OPERATION 1,255.46 1,374.96 1,071.00 (303.96) 5,200.00 " MFG GAS PRODUCTION MAINTENANCE .00 116.73 .00 (176.73) 500.00 ", PURCHASED GAS EXPENSE 1,838,700.62 1,684,631.50 1,622,500.00 (62,131.50) 2,750,000.00 - DISTRIBUTION OPERATION _ 88,489.93 91,862.53 80,350.09 (9,199..84) 170,681.00 DISTRIBUTION MAINTENANCE 21,031.72 12,071.05 _ 21,143.00 9,071.95 80,000.00 - CUSTOMER EXPENSES 21,65212 25,685.13 23,267.52 (2,417.61) 50,774.00 - pc6 _ CUSTOMER SERVICES - 4,131.81 31298_90 3,816.00 517.10 7,632.00 ADMINISTRATION A GENERAL 105,763.83 1 23,543.35 136,975.64 13,432.29 257,40300 ' DEPRECIATION 38,400.00 42,600.00 39 192.00 (3,408.00) 85,200..00 TOTAL OPERATING EXPENSES 2,119,425.47 1,985,184.15 5,928,315.25 (54,556.30) _ _ 3,367,390.00 , OPERATING INCOME 277,397.05 315,840.86 315,674.75 5,478.71 140,610.00 -_ OTHER INCOME AND DEDUCTIONS OTHER — NET (1,777.03) 5".46 (2,046.00) 2,612.46 5,3"..80 _ ____INTEREST_ INCOME_ - -� - -- _ _ 118,644.41 128,815.90 110,250.00 18,565.90 225,000.88 MISC INCOME /EXPENSE---- 2,168.10 2,193_27 (2,344.00) -- 4,537,27 800.00 -. TOTAL OTHER INCOME AND DEDUCTIONS 119,035.48 131,575.63 105,860.00 25,715.63 231,10".00 - NET INCOME 396,432.53 450,416_49 421,534.75 31,194.34 371,710.00 _