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cp09-22-1998 cAb Ah r SEPTEMBER SUNDAY MONDAY TUESDAY 1998 -20- -2I- -22- 7:00 am. — Leadership Team HUTCHINSON 7:00 a.m. — Community Needs Task Meeting in City Center Force Meeting at City Center Library Con£ Room CITY Main Conference Room 9:00 am. — Management Team CALENDAR Meeting in Main Con£ Room 9:30 a.m. — Senior Advisory Board with p.m. - Workshop Re. City Debt with Steve Apfelbacher at Meeting at City Center City Cemter Main Conf. WEEK OF Room 5:30 p.m. — City Council Meeting September 20-26 5:30 p.m. — Hutch. Area Health Care Board Meeting at Bums Manor WEDNESDAY THURSDAY FRIDAY SATURDAY -23- -24- -25- -26- CONFERENCE /SEMINAR/ 7:00 a.m. — HCDC Board TRAININGIVACATION 2:00 p.m. — Snowmobile Committee Meeting in City Center Main Meeting in City Center Staff Conference Room Conference Room 22 -24 Randy err (C) 23 -25 Ken Merrill (C) 5:30 p.m. — Tree Board Meeting at City Center C - Conference M = Meeting S = Seminar T = Training V = Vacation . AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 22, 1998 1. CALL TOORDER - 5:30 P.M. 2. INVOCATION — Rev. James Hall, Word of Life Church 3. MINUTES Regular Meeting of September 8, 1998 and Bid Opening of September 8, 1998 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT FOR AUGUST 1998 2. POLICE CIVIL SERVICE COMMISSION MINUTES OF SEPTEMBER 3, 1998 3. PLANNING COMMISSION MINUTES OF AUGUST 18, 1998 4. FINANCIAUINVESTMENT REPORT —AUGUST 1998 5. SENIOR ADVISORY BOARD MINUTES OF JULY 20, 1998 (b) RESOLUTIONS AND ORDINANCES L RESOLUTION NO. 11081 — ACCEPTING PLEDGED SECURITIES FROM FIRST AMERICAN BANK, HUTCHINSON, MINNESOTA (c) OUT -OF -STATE TRAVEL FOR CITY FORESTER MARK SCHNOBRICH (d) FINAL PAYMENT FOR MAIN STREET (TH 15) SIGNAL REVISIONS FOR LETTING NO. 9, PROJECT NO. 97 -20 (e) CONDITIONAL USE PERMIT REQUESTED BY BARRY BARTON TO CONSTRUCT MINI STORAGE UNITS WITH OUTDOOR STORAGE LOCATED AT SCHOOL ROAD NORTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11079) (f) PETITION BY BARRY BARTON TO VACATE DRAINAGE AND UTILITY EASEMENTS LOCATED BETWEEN LOTS 1 AND 2, BLOCK 1, SORENSEN ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET SECOND READING FOR OCTOBER 13, 1998) (g) PETITION BY CITY STAFF TO VACATE DRAINAGE AND UTILITY EASEMENTS LOCATED IN OUTLOT B, ISLAND VIEW HEIGHTS SECOND CITY COUNCIL AGENDA — SEPTEMBER 22, 1998 0 ADDITION TO ALLOW FOR REPLAT TO BE KNOWN AS ISLAND VIEW HEIGHTS THIRD ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET SECOND READING FOR OCTOBER 13, 1998) (h) PETITION BY RYAN COMPANIES U.S., INC. TO VACATE ALL DRAINAGE AND UTILITY EASEMENTS LOCATED IN V.H. JORGENSON SUBDIVISION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET SECOND READING FOR OCTOBER 13, 1998) (i) AMENDMENT TO CITY CODE CHAPTER 11, ZONING ORDINANCE NO. 464, SECTION 10.03, REGARDING PARKING REQIUIREMENTS FOR MEDICAL AND DENTAL CLINICS AND HOSPITALS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET SECOND READING FOR OCTOBER 13, 1998) (j) COUNTY FAIR MARKE TPLACE FINAL PLAT SUBMITTED BY RYAN COMPANIES U.S., INC. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11080) Action — Motion to approve consent agenda N Tw ON II WEVITI ► (a) APPLICATION FOR GRANT FUNDS AND APPROVAL OF SMALL CITIES DEVELOPMENT PROGRAM APPLICATION CERTIFICATION OF COMPLIANCES Action — Motion to close hearing — Motion to reject — Motion to approve and adopt Resolution No. 11082 (a) CONSIDERATION OF AWARDING CONTRACT FOR FIRE STATION ROOF REPLACEMENT Action — Motion to reject — Motion to approve (b) CONSIDERATION OF WAIVING SNOW REMOVAL PERMITS AND FEES FOR 1998 -99 SNOW REMOVAL SEASON Action — Motion to approve — Motion to reject 2 0 CITY COUNCIL AGENDA — SEPTEMBER 22, 1998 (c) CONSIDERATION OF MCLEOD COUNTY 1999ASSESSMENT AGREEMENT Action — Motion to reject — Motion to approve and enter into contract (d) CONSIDERATION OF SETTING PUBLIC HEARING FOR FLOOD GRANT PROJECT Action — Motion to reject — Motion to approve and set hearing for October 13, 1998 at 6:00 p.m. (e) CONSIDERATION OF AWARDING SALE FOR $4,350,000 TAXABLE MEDICAL FACILITIES GROSS REVENUE BONDS, SERIES 1998, TO FINANCE ADDITION TO MEDICAL CLINIC BUILDING Action — (j) CONSIDERATION OF HAHC PARKING LOT IMPROVEMENTS (LETTING NO. 9, PROJECT NO. 98 -18) Action — Motion to reject — Motion to approve and adopt Resolutions 9. MISCELLANEOUS (a) COMMUNICATIONS 10. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 0 Action - Motion to approve and authorize payment from appropriate funds 11. ADJOURNMENT Action — Motion to reject — Motion to approve and adopt Resolution No. 11083 (f) CONSIDERATION OF AWARDING CONTRACT FOR SINGLE AXLE TRUCK/CAB AND CHASSIS AND SNOW REMOVAL EQUIPMENT Action — Motion to reject — Motion to approve (g) CONSIDERATION OF DEVELOPMENT AGREEMENT FOR COUNTY FAIR MARKETPLACE Action — Motion to reject — Motion to approve (h) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR LETTING NO. 11, PROJECT NO. 98 -20 Action — Motion to reject — Motion to approve and adopt Resolution No. 11084 (i) DISCUSSION OF EXTENSION OF CENTURY AVENUE AND RECONSTRUCTION OF DALE STREET AND SOUTH GRADE ROAD Action — (j) CONSIDERATION OF HAHC PARKING LOT IMPROVEMENTS (LETTING NO. 9, PROJECT NO. 98 -18) Action — Motion to reject — Motion to approve and adopt Resolutions 9. MISCELLANEOUS (a) COMMUNICATIONS 10. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 0 Action - Motion to approve and authorize payment from appropriate funds 11. ADJOURNMENT MINUTES BID OPENING SEPTEMBER 8, 1998 City Administrator Gary D. Plotz called the bid opening to order at 2:00 p.m. Also present were City Engineer John Rodeberg and Administrative Secretary Marilyn J. Swanson. Plotz dispensed with the reading of Publication No. 5214, Advertisement for Bids, Letting No. 10, Project No. 98 -19. The following bids were opened and read: Diamond Five Construction Hutchinson, MN $55,200.00 Yes Erickson & Templin Construction Hutchinson, MN 55,988.00 Yes 0 • Reiner Contracting Hutchinson, MN No Bid Enclosed with Certificate of Insurance and Bid Bond The bids were referred to the City Engineer for review and a recommendation for award of contract at the September 8, 1998 City Council meeting. The meeting adjourned at 2:03 p.m s 0 CITY OF HUTCHINSON BUILDING / PLANNING / ZONING DEPARTMENT 111 HASSAIN STREETS E . HI=MNSON. MN SSISn PHONE 61 2-74419 1 6 PAY 612.9441946 August NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED HOUSEKEEPING Item Number of Valuation d Number d ValuMdOn of BUILDINGS No. Buildmga Hou" rnrwnrtfon Blildkga Hollsahg constriction thdts Om1 cents lhdu on* cents a b c e) Singis�famiy houses , detached EaY aW n.oea. M+m 141 6 6 1,036.400 Skgk.lemYy horses, attaelyd SrpariadMpwd b wal eat Jdo ,Ntrabo,anbbw. amid 102 e nwr.n Two,family buldings 103 Throe- and bur -rand buddl 104 FNe-or -morel buldi 106 TOTAL Sum of laf -106 109 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED NONHOUSEKEEPING hem Number d Valuation of Number d Valuation d BUILDINGS No. Bu0clings Rooms cmnnwoon OR* cans Roars coruwchon OfM carts e c e In Hotels, mdeh, and touisi cables gunsiard acwn,nnmaoru 213 Other ranhoUsakeeping shatter 214 NEW PRNATELY OWNED PUBLICLY OWNED NONRESIDENTIAL Item Number Valwtbnd Number Valuation of BUILDINGS No. d calalructicn Buildings constncbm Swk kge OR* cn4m a d cents a c e Amusement. social, and racreatlmel 318 Churches and Other religious 319 Industrial 320 Parking garages (bukkVs a open decked) 321 Service stations and repair garages 372 Hospitals and inalhullo" 323 Oftes, bards. and profeaeio at 324 Public: wort and utilities 1 326 SChwIB and other educational 326 Str and wecmer services 327 Other nonrosWelMlal bindings 326 3 3550 Sln urns other Man buildings c 779 ADDITIONS, PRIVATELY OWNED PUBLICLY OWNED ALTERATIONS, Item Number Valuation Cl Numbers Vakmtion AND CONVERSIONS No. of construction EMidigs corotructlon BWblrgs on* cent Omff cerha (e) (b) (c) (d) (e) Residential - ClassW adalla" 434 6 20,436 gere9as and MM" ahem 43e Nonresidential and nodlanekeeping 437 A lad 4'n Additions of residential garages and 436 carports (attached and detached) DEMOLITIONS P ATELY OWNED PUBLICLY OWNED AND RAZING Item Number Nunberd Number of Number Of OF BUILDINGS No. Of BA" FWAkq uds BWdrgs Housing hadta a (d) e Single-henry M1mee (attached and 846 detecthed) Tw Iemey buildings 648 Threw and four -firmly buildings 647 Five-a -more lemiy buadaE 646 M oMerbWdrlgsand stnlc4ues 649 KKK -C3, KKJ -b, KNK -p, JLUll -I, MWC - 1, ucnu-c, • Total Permits 70 Total Valuation $2,105,156 11-14 C-0 HUTCHINSON POLICE COMMISSION MINUTES The Hutchinson Police Commission held a meeting on September 3, 1998, at the Hutchinson Police Department. Present at the meeting were Cheryl Dooley, Rick Ness, Bob Bowen, Chief Steve Madson and Lt. John Gregor. The meeting was called to order. Cheryl Dooley introduced Bob Bowen as the newest member of the police commission. Chief Madson asked if"the commissioners were interested in each having a copy of the department's policy and procedure manual. He w0ained that in the past members had been given manuals but that they generally did not get returned at the end of the term. It was agreed that they did not wish to have a copy. The members were informed that if they ever wanted to review the manual, or any part of time manual, there is always one available at the police department for their use. Lt Gregor informed the commission that the department advertised for a patrol position in July, tested 29 applicants on August 1 e and interviewed 13 of those tested on August 2r and 2e. He explained in detail the selection process to the commissioners. The final eligibility roster was then presented to the members. A motion was made by Rick Naas, seconded by Bob Bowen, to acxept the eligibility roster as presented and continue on with the selection process. Motion carried. Chief Madson than presented the commissioners with the organizational chart of the police department. Discussion was therm held with regard to the direction in which the department has been moving toward. He e)lained the different programs being pursued and where the emphasis of patrol is being placed. Chief Madson then informed the commission that the fourth sergeant position had been authorized by the city. He reminded the members that last year a test had been given for the sergeant position but the process has been put on hold due to a grievance. A review was then conducted with regard to the promotional process. He stated that all applicants had been polled and that no one had objected to moving forward with the process. Rids Nass inquired as tort there was anyone that would now be eligible for the sergeant position. Chief Madson stated that there was one individual who would be eligible but that person is not interested in the position at this time. With there being no further business to discuss, a motion was made by Rids Nass, seconded by Bob Bowen, to adjourn. Motion carried. Time of adjournment was 8:35 a.m. c�L Rick Ness 0 4 - /I (Z) MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 18, 1998 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present Dave Westund, Jeff Haag, Jim Haugen, Joe Drahos, Jeff Jones and Chairman Wood. Absent Bill Amdt Also present Bonnie Baumetz, Planning and Zoning; Marc Sebora and Richard Schieffer, City Legal Counsel; Mark Hansen, Building Dept; and John Rodeberg, Director of Engineering. 2. CONSENT AGENDA a) Consideration of minutes of regular meeting dated July 21, 1998. b) Consideration of lot split located in Plaza Heights Addition (Lot 3, Block 6) requested by David Butler. Mr. Haag made a motion to approve consent agenda items. Seconded by Mr. Haugen the motion cared unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID EVENSON TO REMOVE EXISTING GARAGE AND REPLACE WITH 30 X 24 GARAGE 3' FROM THE PROPERTY LINE LOCATED AT 518 JUERGENS RD. Chairman Wood opened the hearing at 5:31 p.m. with the reading of publication #5202 as published in The Hutchinson Leader on Thursday, August 6, 1998. The request is for the purpose of consideration of conditional use permit requested by David Evenson to remove existing garage and replace with a 30 x 24' garage 3' from the property line located at 518 Juergens Rd. Mark Hensen said this is a basic garage replacing an existing nonconforming garage placed 3' from the property line. Mr. Evenson is asking to replace a small single car garage with a double car garage. Mr. Hensen said the building code would allow a T set back with a conditional use permit. David Evenson, 518 Juergens St. SW, said he would like to maintain as much yard space as possible and by placing 3' from the property line would allow easier entrance into the garage. John Rodeberg said the zoning ordinance was changed several years ago to accommodate residences in the older part of the city with smaller lots to replace small nonconforming garages. Mr. Haag moved to dose the hearing, seconded by Mr. Westlund the hearing closed at 5:40 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haag the motion carried unanimously. • 4 -Q (3) b) c) d) CONSIDERATION OF VACATION OF EASEMENTS LOCATED BETWEEN LOTS 8 AND 9, BLOCK 1, ISLAND VIEW HEIGHTS 2 ND ADDITION REQUESTED BY GENE 1MNKELMANN Chairman Wood opened the hearing at 5:40 p.m. with the reading of publication #5203 as published in The Hutchinson Leader on Thursday, August 6, 1998. The request by Gene Winkelmann is for the purpose of consideration of vacation of easements located between Lots 8 and 9, Block 1, Island View Heights 2' Addition. Ms. Baumetz said the Winkelmanns would build a house across both lots. The lots will not be able to be split again In the future. Mr. Haag moved to close the hearing, seconded by Mr. Jones the hearing dosed at 5:42 p.m. Mr. Haag made a motion to approve the request with staff recommendations. Seconded by Mr. Westiund the motion passed unanimously. CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE PERMITTING 12'X 16' UTILITY SHEDS IN THE MANUFACTURED HOME PARKS WITHOUT CEMENT SLAB. Chairman Wood opened the hearing at 5:42 p.m. with the reading of publication #5204 as published in The Hutchinson Leader on Thursday, August 6, 1998, for the consideration of amendment to the zoning ordinance permitting 12' x 16' utility sheds in the manufactured home parks without cement slab. Ms. Baumetz said the mobile home park owners approve the proposed amendment Planning Staff recommends approval, noting sheds on skids must be skirted to control rodents and pests. Ms. Baumetz said typically mobile home residents do not have garages for storage of their possessions. Their homes are mobile and storage sheds need to be mobile also. Mr. Westiund moved to close the hearing, seconded by Mr. Haugen the hearing closed at 5:48 p.m. Mr. Westlund made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Jones the motion passed unanimously. CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE REGARDING PARKING REQUIREMENTS FOR MEDICAL CLINICS AND HOSPITALS. Chairman Wood opened the hearing at 5:48 p.m. with the reading of publication #5214 as published in The Hutchinson Leader on Thursday, August 6, 1998. The request is for the purpose of consideration of amendment to the zoning ordinance regarding parking requirements for medical clinics and hospitals. Mr. Hensen said after the Planning Staffs meeting recommendations have changed. We feel we have a more workable recommendation. Mr. Rodeberg explained he has been talking with the doctors and administration. Theyhae worked out a new proposal as follows: Clinics - 1 space per 200 sq. ft. of gross floor area plus space per primary medical service provider. Hospitals - 1 space per bed plus 1 space per employee or volunteer on a major shift. Planning Commission asked to have parking issues for colleges be researched and evaluated. i L 2 Mr. Haugen moved to close the hearing, seconded by Mr. Jones the hearing closed at 6:10 • p.m. Mr. Haag made a motion to recommend denial the request Seconded by Mr. Westlund the motion carried unanimously. Staff will re- publish a new proposal next month. 4. NEW BUSINESS a) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS "COUNTY FAIR MARKET PLACE" SUBMITTED BY RYAN COMPANIES. The consideration of final plat was removed from the agenda at the request of the developer. The developer is requesting a special meeting on Sept 2, 1998 at 5:30 p.m. for consideration of final plat Following the Planning Commission meeting the plat will be considered at the council meeting on Sept. 8, 1998 at 5:30 p.m. b) CONSIDERATION OF SETTING DATE AND TIME FOR SEPTEMBER PLANNING COMMISSION MEETING (PRIMARY ELECTION WILL BE HELD ON SEPTEMBER 15, 1998) Ms. Baumetz said no public meetings could be held between 6:00 and 8:00 on Election Day. It was decided to hold the September 15" Planning Commission meeting at 4:00 p.m. 5. OLD BUSINESS • 6. COMMUNICATION FROM STAFF Ms. Baumetz reported the Marka and Bernhagen annexation was approved by the municipal board on August 7, 1998. Ms. Baumetz said she would have a meeting with the downtown review committee and downtown businesses regarding banners. Dick Schieffer said he sent letter to Ron McGraw denying the request on car sales in the C -3 District ADJOURNMENT There being no further business the meeting adjourned at 6:30 p.m. • 1998 CITY OF HUTCHINSON FINANCIAL REPORT 57,176.10 1998 AUGUST 93.29% CITY ADMINISTRATOR 16,218.40 128,246.80 AUGUST REVENUE REPORT - GENERAL AUGUST YEAR TO ADOPTED BALANCE ERCENTAGE 5,211.10 ACTUAL DATE ACTUAL BUDGET REMAINING USED W AXES 0.00 766,657.28 1,538,854.00 772,196.72 49.82% LICENSES 260.00 20,125.50 25,250.00 5,124.50 79.70% PERMITS AND FEES 40,808.66 203,840.27 170,050.00 (33,790.27) 119.87% INTERGOVERNMENT REVENUE 51,393.46 1,269,269.94 2,536,051.00 1,266,781.06 50.05% CHARGES FOR SERVICES 67,827.44 566,225.39 1,143,074.00 576,848.61 49.54% FINES & FORFEITS 5,569.74 35,547.02 66,000.00 30,452.98 53.86% INTEREST 27,338.80 190,015.40 100,000.00 (90,015.40) 190.02% SURCHARGES - BLDG PERMITS 2,061.17 4,172.09 1,000.00 (3,172.09) 417.21% CONTRIBUTIONS FROM OTHER FUND 300.00 353,869.00 1,181,500.00 827,631.00 29.95% REIMBURSEMENTS 5,822.98 32,728.35 37,500.00 4,771.65 87.28% SALES 0.00 500.00 8,300.00 7,800.00 6.02% TOTAL 201,382.25 3,442,950.24 6,807,579.00 3,364,628.76 50.58% EXPENSE REPORT GENERALFUND MAYOR & COUNCIL 14,480.00 57,176.10 61,289.00 4,112.90 93.29% CITY ADMINISTRATOR 16,218.40 128,246.80 193,678.00 65,431.20 66.22% ELECTIONS 106.80 1,588.90 6,800.00 5,211.10 23.37% FINANCE 19,702.90 199,560.10 324,562.00 125,001.90 61.49% MOTOR VEHICE 10,023.90 84,006.10 138,414.00 54,407.90 60.69% ASSESSING 0.00 0.00 29,869.00 29,869.00 0.00% LEGAL 7,586.60 60,106.70 87,900.00 27,793.30 68.38% PLANNING 3,919.70 35,084.90 47,909.00 12,824.10 73.23% POLICE DEPARTMENT 136,613.70 1,120,147.00 1,693,236.00 573,089.00 66.15% CHOOL LIAISON OFFICER 1,461.60 38,342.00 111,646.00 73,304.00 34.34% EMERGENCY MANAGEMENT 321.80 20,207.90 2,500.00 (17,707.90) 808.32% SAFETY COUNCIL 0.00 0.00 250.00 250.00 0.00% FIRE DEPARTMENT 27,159.80 100,910.30 236,980.00 136,069.70 42.58% FIRE MARSHAL 0.00 6,697.40 0.00 (6,697.40) 0.00% PROTECTIVE INSPECTIONS 14,831.80 114,465.30 154,468.00 40,002.70 74.10% ENGINEERING 33,746.20 259,729.80 407,983.00 148,253.20 63.66% STREETS & ALLEYS 57,835.20 431,764.80 620,902.00 189,11720 69.54% STREET MAINTENANCE A/C 5,418.10 88,638.10 89,400.00 761.90 99.15% CITY HALL 9,283.40 66,750.00 91,721.00 24,971.00 72.78% PARK/REC ADMIN. 10,747.10 95,460.20 149,569.00 54,108.80 63.82% RECREATION 26,850.20 163,399.90 211,381.00 47,981.10 77.30% SENIOR CITIZENS CENTER 4,522.80 55,472.60 102,346.00 46,873.40 54.20% CIVIC ARENA 17,193.20 118,042.20 190,291.00 72,248.80 62.03% PARK DEPARTMENT 63,356.50 460,505.70 643,795.00 183,289.30 71.53% RECREATION BUILDING & POOL 7,655.90 66,526.70 92,090.00 25,563.30 72.24% LIBRARY 1,604.80 74,757.70 108,077.00 33,319.30 69.17% CEMETERY 5,279.10 24,500.10 100,667.00 76,166.90 24.34% DEBT SERVICE 700.00 17,969.00 87,134.00 69,165.00 20.62% AIRPORT 879.50 22,241.70 43,160.00 20,918.30 51.53% TRANSIT 9,860.70 79,664.60 113,201.00 33,536.40 70.37% COMMUNITY DEVELOPMENT 0.00 2,182.20 88,376.00 86,193.80 2.47% UNALLOCATED 45,625.70 430,113.70 577,985.00 147,871.30 74.42% TOTAL 552,985.40 4,424,278.50 6,807,579.00 2,383,300.50 64.99% 0 A (#-) August 1898 CITY OF HUfCHINSON FINANCIAL REPORT- 1998 August 19 ENTERPRISE FUNDS REVENUE REPORT - LIQUOR FUND LIQUOR SALES WINE SALES BEER SALES BEER DEPOSIT MISC. SALES LOTTERY SALES REFUNDS & REIMBURSEMENTS CASH DISCOUNTS INTEREST TOTAL AUGUST ACTUAL 71,248.71 22,686.64 137,969.81 (175.19) 13,385.83 (31.58) 0.00 (2,085.07) 918.70 YEAR TO DATE ACTUAL (22,686.64) 522,385.80 177,259.70 942,426.06 (387.79) 88,102.77 1,779.35 29.49 (15,424.69) 6,424.79 ADOPTED BUDGET 829,000.00 314,000.00 1,358,000.00 0.00 140,000.00 2,9DO.00 0.00 (21,700.00) 6,000.00 BALANCE CENTAGE REMAINING USED 306,614.20 136,740.30 415,573.94 387.79 51,897.23 1,120.65 (29.49) (6,275.31) (424.79) 243,917.85 1,722,595.48 2,628,200.00 #REF! 63.0% 56.5% 69.4% 62.9% 61.4% 71.1% 107.1% #REFI • EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES 17,286.89 147,733.85 231,412.00 83,678.15 63.8% REPAIR & MAINTENANCE 744.99 8,531.76 13,350.00 4,818.24 63.9% CONSULTING 0.00 79.92 0.00 (79.92) #DIVIO! OTHER SERVICE & CHARGES 10,660.77 39,424.17 66,800.00 27,375.83 59.0 DEPRECIATION 0.00 0.00 26,000.00 26,000.00 0.0% DEBT SERVICE 0.00 0.00 35,730.00 35,730.00 0.0% TRANSFERS 0.00 0.D0 245,000.00 245,000.00 0.0% COST OF SALES 194,232.97 1,471,594.15 2,011,290.00 539,695.85 73.2% MISCELLANEOUS 49.95 760.84 8,100.00 7,339.16 9.4% CAPITAL OUTLAY 0.00 0.00 3,000.00 3,000.00 0.0% TOTAL 222,975.57 1,668,124.69 2,640,682.00 972,557.31 #REF! REVENUE REPORT- WATER SEWER/FUND . SCORE 20,598.30 104,160.87 131,000.00 26,839.13 79.5% SPECIAL ASSESSMENTS - COUNTY &Cit 1,500.00 31,811.98 0.00 (31,811.98) #DIV /O! SPECIAL ASSESSMENTS - INTEREST 55.67 55.67 0.00 (55.67) #DIV /01 LICENSES 0.00 100.00 (1 D0.DO) GRANT 0.00 0.00 50,000.00 50,000.00 0.0% WATER SALES 97,951.97 697,248.02 720,000.00 22,751.98 96.8% WATER TREATMENT SURCHARGE 1,689.75 11,281.62 0.00 (11,281.62) WATER METER 3,370.00 10,334.00 14,000.00 3,666.00 73.8% REFUSE SERVICES 44 ,202.39 389,751.79 484,000.00 94,24821 80.5% REFUSE SURCHARGE 4,376.47 39,328.65 55,000.00 15,671.35 71.5% RECYCLE BAGS 5.04 212.63 0.00 (212.63) REFUSE STICKER SALES (9.55) 764.60 0.00 (764.60) REFUSE RECYCLING (5,176.00) (44,108.52) (10,000.00) 34,108.52 441.1% COMPOST CREDIT (724.45) (6,611.71) (60,000.00) (53,388.29) 11.0% COMPOST & RECYCLE SALES 349.90 5,713.53 10,000.00 4,286.47 57.1% WOOD WASTE CHARGE 365.00 4,509.75 (4,509.75) SEWER SERVICES 160,444.81 1,405,387.22 1,900,000.00 494,612.78 74.0 0 /6 PENALTY CHARGES 959.36 9,738.53 18,000.00 8,261.47 54.1% INTEREST EARNED 11,231.25 67,741.46 240,000.00 172,258.54 28.2% LOAN REPAYMENT 411.76 3,294.08 38,630.00 35,335.92 8.5% REFUNDS & REIMBURSEMENTS 1,570.18 2,272.53 3,000.00 727.47 75.8% OTHER 252.00 3,262.94 6,000.00 2,737.06 54.4% CONNECTION CHARGES 12.00 (12.00) TOTAL 343,423.85 2,736,261.64 3,599,630.00 863,368.36 #REF! EXPENSE REPORT - WATER SEWERIFUND REFUSE 34,692.05 833,022.46 684,479.00 (148,543.46) 121.7% WATER 50,464.63 530,881.49 1,273,982.00 743,100.51 41.7% WASTEWATER 85,522.96 763,217.35 2,625,214.00 - 1,861,996.65 29.1% • TOTAL 170,679.64 2,127,121.30 4,583,675.00 2,456,553.70 46.4% CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT 17- Sep-98 July 1, 1998 Date Date Interest Of Of Institution Description Rate Purchase Maturity Amount TREAS BONDS 644136 7.18% 12/12/91 2/152001 364,500.00 TREAS BONDS 644137 7.13% 12/12/91 10/15/98 300,000.00 Smith Barney GNMA 865M7 6.70% 9/0097 9/04/2002 200,000.00 Smith Barney 313400 S H 7 5.00% 12/30/93 03110/00 300,071.92 Smith Barney FHLB 3133m2 -u 6.015% 02/05/98 02/05/03 300,000.00 Prudential pool 336914 7.226% 12 31 96 0201 2026 123,441.36 Expected life 6.2 years Smith Barney FNMA 6.100% 01 20 98 01 20 05 300,000.00 Prudentail pool 336399 7.270% 12 31 96 0201 2026 136,697-48 Expected life 4.1 years Citizens, Marquette 4.00% 04/25/96 06/012001 100,000.00 Firstate, First Minnesota Prudential Fed Home Leon 6.00% 012B/98 0728/03 200,000.00 Smith Barney FNMA 6.13% 12/19/98 02/19/03 500,000.00 Smith Barney FNMA pass thru 7.50% 1220195 06101/02 101,073.70 REPAYMENT Prudential Fed Home Loan 6.009'0 07/17198 07/01/01 400,000.00 Callable 10/16/98 and thereafter Marquette 1635 5.900% 11 26 97 11 2598 200,000.00 Marquette 1847' 1692 5.75% 03/12/98 03/11/99 500,000.00 Firstate 411235266 6.30% 05/14/98 06/17/99 600,000.00 First American 87447 5.75% 0326198 03/31/99 400,000.00 1StAmedcan 29852 5.60% 091098 091699 400,000.00 Marquette 184T1722 5.75% 03 12 98 03 25 99 400,000.00 First Federal 411248152 5.75% 0626196 0924/98 200,000.00 Marquette 1847'1721 5.750% 03 12 98 041599 400,000.00 1 ST American 87836 5.750% 051598 05 13 99 400,000.00 Citizens Bank 29837 5.900% 11 13 97 11 12 98 400,000.00 Marquette 193 5.700% 0831 98 01 28 99 800,000.00 1 St American 68526 5.60% 091098 072999 400,000.00 Firstate 411239086 5.70% 0417 98 41599 500,000.00 • $8,925,784.46 Senior Advisory Board July 20, 1998 Members Present: John Aul, Ruth Higginbotham, Bob Meyer, Lorin Pollman, Les Smith, Harriet Wixcey Members Absent: Teresa Hatten, Norm Hoefer Staff: Barb Haugen, Kathy Hemmah, Eleanor Gierke Chairman Les Smith called the meeting to order at 11:00 A.M. at the Bavarian Haus. Rich Westland and Vi Mayer attended the meeting and gave an update on the recommendation of the consulting firm, Compass Management, hired by the city. They recommended that the community- conference center and the Senior Center be in one building. The Senior Center would have about 4,000 sq. feet and would have the use of the conference center ballroom. The minutes of the May 18 meeting were approved. Treasurer John Aid reported the purchase of a 7 month C.D. from Citizens Bank at 6.05 interest. The treasurers report will be mailed. Barb reported the pool concession is doing great. She also reported on upcoming activities and tours. Lunch was served at 12:00. Meeting adjourned at 1:00. Next meeting Sept. 21. Harriet Wixcey 0 -A• (5) RESOLUTION NO. 1108 ACCEPTING PLEDGED SECURITIES FROM FIRST AMERICAN BANK, HUTCHINSON, MN WHEREAS, First American Bank of Hutchinson, Minnesota, A city depository, has requested the following security under the collateral agreement with the City of Hutchinson: Careen Bay Area Pub Sch 4 -1 -02 6.8% $150,000 Scott Cty IA Sol 6 -1 -99 4.9% $250,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Finance Director be authorized to accept the securities. Adopted by the City Council this 22nd day of September 1998. 0 Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator 0 4 -/�. (1) 0 Memo To: Mayor and Council From: Mark Schnobrich City Forester CC: Doff Moon Dab: 09/1 a198 Rir Travel to Out of State Conference I am requesting permission to attend a "Trees, People & the Law National Conference in Nebraska. October 5-7, 1998. This conference deals with legal issues relating to tree liability and what municipalities across the country do to prevent tree- ` related accidents and liabilities. The conference covers torts, negligence and nuisance laws and rules governing over hanging limbs and boundary line trees, along with many other topics I deal with on a yearly basis. I feel this is a valuable conference worth the time to attend. This also may be worth the attention of our new city attorney Marc Sabora. Currently I do not have sufficient finds in Travel school and Conference but request permission to make up the deficiency in that line item from other line items. The • • Page 1 REQUEST FOR PAYMENT DATE: August 31, 1998 FOR PERIOD: • PROJECT: TH 15 (Main Street) Signal Revisions From: 0404/98 To: 08/28!98 PROJECT NO.: 97 -20 CONTRACTOR: Water Street Electric 0 ADDRESS: P.O. Box 323 Hutchinson, MN 55350 REQUEST FOR PAYMENT NO.: 4 (Final) SUMMARY: 1. Original Contract Amount $ 52,400.00 2. Change Order - ADDITION $ 1,280.00 3. Change Order - DEDUCTION $ -0- 4. Revised Contract Amount $ 53,680.00 5. Value Completed to Date $ 53,680.00 6. Material on Hand $ 0 ,00 7. Amount Earned $ 53,680.00 8. Less Retalnage 0 % $ 0.00 9. Subtotal $ 53,680.00 10. Less Amount Paid Previously $ 48,446.20 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 4 $ 5,233.80 12. Balance Carried Forward $0.00 Recommended for Approval By: C►� A JohffM. Gray, P.E. Project Engineer Approved By:" City of Hutchinson By. Dated: Director of Engineering/Public Works By: Dated: Contractor Page 1 of 2 A- HUTCH9701.00 )/ -�), APPLICATION FOR PAYMENT (UNIT PRICE CONTRACT) NO. 4 OWNER: City of FhAChhlson CITY PROJ. NO. 97 -20 LOCATION: TH 15 (Mein Street) Sipnsle ENG. PROJECT NO. A- HUTCH9701.00 $8,500.00 $6500.00 0565.601 Emergency Vehide Preemption System 'B' CONTRACTOR Water Street Electric CONTRACT DATE Am 23, 1997 0585.601 P.O. Boa 323 CONTRACT AMOUNT $52,400.00 (amend to $53,090.00) $8,700.00 Hutrhlneon, MN 55350 0565.601 -- _ - - -_ -- COMA. FOR TH 15 (Mein Street) Slgrlel Revisions $10,900.00 570,900.00 APPLIC. DATE August 31, 1998 Lump Sum 1 1.00 PERIOD END. August 28, 1988 0565.601 Revise Signal System 'C' Lump Sum 1 1.00 $10,900.00 $10,900.00 APPLICATION FOR PAYMENT CONT. CITY. UNIT ITEM NO. DESCRIPTION UNIT CITY. TO DATE PRICE TOTAL 0565.601 Emergency Vehicle Preemption System 'A' Lune Sum 1 1.00 $8,500.00 $6500.00 0565.601 Emergency Vehide Preemption System 'B' Lump Sum 1 1.00 $6,500.00 $6,500.00 0585.601 Emergency Vehide Preemption System *C" Lamp Sum 1 1.00 $8,700.00 $6,700.00 0565.601 Revise Signal System *A* Lump Sum 1 1.00 $10,900.00 570,900.00 0565.601 Revise Signal System'B' Lump Sum 1 1.00 $12,180.00 $12,180.00 0565.601 Revise Signal System 'C' Lump Sum 1 1.00 $10,900.00 $10,900.00 Total Bid: $53,660.00 TOTAL VALUE OF WORK CERTIFIED TO DATE $ 53, MOO • PAGE 2 0F 2 A- HUTCH9701.00 Hutchinson City Center • 111 Hr Street SE Hutchlmoo, MN 55350.2522 320.587- 51511Fa 320.2344740 WA J69 • DATE- September 17, 1998 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT REQUESTED BY BARRY BARTON TO CONSTRUCT STORAGE BUILDINGS IN THE C -4 (FRINGE COMMERCIAL DISTRICT Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. I'.1 _•t On August 19, 1998, Mr. Barry Barton submitted an application to consider a conditional use permit to construct storage buildings in the C-4 (Fringe Commercial) District located at 407 and 411 School Rd N. The property consists of approximately 2.4 acres formerly occupied by a farm implement sales lot which lies north of Hwy 7 near the intersection with School Road North. This property lies in a transition zone between commercial and residential uses. The site is bounded by a Burger King fast food restaurant on the south, an automobile dealership on the east, a 24 unit apartment complex on the north and a substantial development of single family homes to the west and northwest across School Road North. The site is also impacted by a 200 plus unit manufactured home park to the north and the McLeod County Heritage Center to the southwest. FINDINGS OF FACT: The required application was submitted and the appropriate fee paid. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, September 3, 1998. The property is zoned C -4 Fringe Commercial District and storage units of the type proposed are allowed by conditional use permit. In addition to meeting the criteria for conditional uses, the development must meet building setback requirements of 25 feet from a street right -of -way, 20 feet from interior lot line, and 50 feet from a residential zoning boundary. (as per Section 8.12, Hutchinson Zoning Ordinance) Additional requirements include screening requirements from residential zoning districts, landscaping of setback areas, parking requirements, lighting requirements, and other provisions of Section 10 of the Zoning Ordinance. APPLICABLE ORDINANCE REGULATIONS: Section 6.07 B (2) of the Zoning Ordinance provides that a conditional use permit may be granted only if evidence is presented by establish that the following criteria have been met: • a) That the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community and { /}/ - Rioted m recycled piper - / , b) That the proposed building or use will not have a substantial or undue adverse effect upon adjacent • property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and C) That the proposed building or use will be designed, arranged, and operated so as to per—it the development and use of neighboring property in accordance with the applicable distric egulations. RECOMMENDATION: APPROVAL X DENIAL UNANIMOUS X CONSENSUS SPLIT CONDITIONS: ➢ Outdoor storage is not permitted. ➢ Water retention portion of the pond is to be moved to the East end of the pond ➢ Hours of operation will be from 6:00 a.m. to 11:00 p.m. ➢ Four buildings will be constructed at this time with remaining two buildings constructed within 2 to 3 years. CONSIDERATIONS/DIRECTIVES Some of the factors affecting the general welfare of adjacent areas include: • ➢ Storage units are not to be used for businesses such as automobile repair, distribution center, etc. ➢ No storing of hazardous materials is permitted. TERMS: The City reserves the right to review all Conditional Use Permits at their discretion. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission cc: Barry Barton, property owner • n•�Gur/! LVail GYT• LL ! I I � I N i 1 I [f,fT aG.•.— I a V I ING c1Zu `. as.?/ u -- cs a S.� �a i - i .� APA RT MGNT SITt /A{M,MO i I 1— �a I ^LOOA �I IY GL.I 4T LL ew• FLCgR ■fJ Y. GL.SG La' /f `4G u aw- VL m %LEY 66.2 L t. I d r � h ai a 44LG.OT I 1 .Z r FLOOR CLIY. 65.73 u .9e L[.L ^..Z as • !Q Y. 7 `uLrr�' 1015 HIGHWAY 7 WEST • P.O. BOX 94 HUTCHINSON, NIN 55350 (612) 587 -6399 To: Hutchinson Plannine Staff & Hutchinson Plannine Commission Regarding mini- storage conditions: Marlow Priebe has updated the site plan showing a berm with shrubs along the west side of property. We will also be using a colored vinyl- coated fence along the west side which is more attractive in appearance. We anticipate placing 50 watt lamp lights under the eaves of the buildings to be spaced accordingly to add a degree of safety and security between the buildings. We will also need some type of overhead light at the entrance near the keypad display area. Our current plans are to begin ground work this fall and have the concrete work, paving, fencing, office and 4 buildings completed by May or June of 1999 at the latest. We would like to reach a 70 to 80% occupancy rate before finishing the last 2 buildings. Our hope is this goal would be reached in 2 -3 years. The most important reason for waiting on the last 2 buildings is to see what type of unit mix of sizes will be needed at that time. It is impossible to determine future sizes of units at this time. Regarding min- storage considerations /directives: Our facility would not be in operation 24 hours a day. We expect with our control access gate system to open at 6a.m. and close at l Ip.m. This would be very similar to Burger King hours. Attached is an independent study regarding traffic at mini- storage facilities. We plan to eventually have approximately 240 units to rent at this site. According to this report, an average of 15 to 20 vehicles per day would be considered average traffic at our facility. Our own 10 years of experience in this business confirms these numbers to be very reliable. • • 1015 HIGHWAY 7 WEST P.O. BOX 94 HUTCHINSON, MN 55350 (612) 587 -6399 Our facility will be secured by both fence and building. Our gate will be controlled by a key pad which the tenant must enter their code in order to gain access. (see attached fence & gate literature) We plan to have some type of camera surveillance at the entrance as well. We are not certain at this time what our office hours will be but very likely it will be 40 hours or less. Our current Storage Center facility has not had any crime problems. It would be hard to imagine our new facility being any different especially since it will be totally secured. Our water storage pond will be enclosed within our fence. We do not see any form of trash around this area at the present time so we do not anticipate any future problems. Of course, responsibility for removing trash should be with those who generate the trash. • Today, the modem mini- storage facility is different then just a few years ago. Buildings are more attractive in color and design. We plan to spruce up our office area with some brick on the exterior. The landscaping with shrubs also adds an added pleasing appearance to the entire facility. Conclusion: The reality is that mini- storage facilities are safe, quiet, create little traffic, provide a steady tax revenue and are pretty good looking. n U RESOLUTION NO. 11079 RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE PERMIT UNDER SECTION 8.12 OF ZONING ORDINANCE NO. 464 • REQUESTED BY BARRY BARTON TO CONSTRUCT MINI- STORAGE BUILDINGS IN THE C -4 (FRINGE COMMERCIAL) DISTRICT LOCATED AT 407 SCHOOL RD N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS Mr. Barry Barton, has made application to the City Council for a Conditional Use Permit under Section 8.12 of Zoning Ordinance No. 464 to construct 6 mini - storage buildings in the C -4 (Fringe Commercial) District located at 407 School Rd North with the following legal description: LEGAL DESCRIPTION: Lots 1 and 2, Block 1, Sorenson's Addition 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, RECOMMENDATION: DENIAL APPROVAL X UNANIMOUS X CONSENSUS SPLIT CONDITIONS: ➢ Outdoor storage is not permitted. ➢ Water retention portion of the pond is to be moved to the East end of the pond ➢ Hours of operation will be from 6:00 a.m. to 11:00 p.m. ➢ Four buildings will be constructed at this time with remaining two buildings constructed within 2 to 3 years. CONSIDERATIONS/DIRECTIVES Some of the factors affecting the general welfare of adjacent areas include: ➢ Storage units are not to be used for businesses such as automobile repair, distribution center, etc. ➢ No storing of hazardous materials is permitted. TERMS: The City reserves the right to review all conditional use permits at their discretion. Adopted by the City Council this 22nd day of September, 1998. ATTEST: Gary D. Plotz Marlin D. Torgerson City Administrator Mayor • • • Hutchinson City Center MENNaaaaaa C 111 Haman Stmt SE Hutchlmou. NM 55350.2522 320.587- 5151/Fm 324234 -4240 MEMORANDUM DATE: September 16, 1998 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF PETITION REQUESTED BY BARRY BARTON TO VACATE UTILITY AND DRAINAGE EASEMENTS LOCATED BETWEEN LOT I AND 2 OF BLOCK 1, SORENSEN ADDITION Pursuant to Section 5.972 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request. HISTORY: On August 19, 1998 Barry Barton submitted a petition to vacate utility and drainage easements located on the south side of Lot 1 except the east 6' and except the west 10', also the north side of Lot 2 except the east 6' and except the west 10', Block 1, Sorensen Addition. • FINDINGS OF FACT: The required application was submitted and the appropriate fee paid. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, September 3 and Tuesday September 8, 1998. RECOMMENDATION: DENIAL APPROVAL X with staff recommendations and the following terms and conditions. UNANIMOUS X CONSENSUS SPLIT CONDITIONS: Approval of the vacation of easements will apply only if there is approval of the Conditional Use Permit to construct storage units on the property. CONSIDERATIONS/DIRECTIVES N/A TERMS: cc: Barry Barton Respectfully submitted, Dean Wood Hutchinson Planning Commission Primed m mycled paper - 4 -F 0 zgo. 44` • N 4 la SCALE: 1 SOREWZNS ADDITION • 4 -F 1 I I � I r IS It r w ' 3 I r VACA rS 1 I A 1 1 I I ? I 1 2 n I L 1 � - BLOCK 1 1 I I EAEi MlN7 I I 3 • N 4 la SCALE: 1 SOREWZNS ADDITION • 4 -F C • Hutchinson City Center 111 Haan Street SE Hutchinson, NIN 55350.2522 320.597.5151/Fu 320.7344240 MEMORANDUM DATE. September 16, 1998 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF PETITION TO VACATE DRAINAGE AND UTILTIY EASEMENT REQUESTED BY CITY STAFF TO ALLOW FOR A REPLAT OF THE PROPERTY LOCATED IN OUTLOT B. ISLAND VIEW HEIGHTS SECOND ADDITION. Pursuant to Section 5.972 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request. HISTORY: A petition to vacate drainage and utility easements to allow for a replat of the property located in That part of OUTLOT B, ISLAND VIEW HEIGHTS SECOND ADDITION, McLeod County, MN, lying westerly of a line described as follows: Beginning at the southeasterly comer of Block 4, also being the southwesterly corner of Prairie • View Drive Se; thence following the westerly line of the 60.0 foot drainage and utility easement on courses southwesterly, southerly, southeasterly, southerly and southwesterly to its intersection with West Shore Drive been submitted. FINDINGS OF FACT: Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, September 3, and Tuesday, September , 1998. RECOMMENDATION: DENIAL APPROVAL X with staff recommendations and the following terms and conditions. UNANIMOUS X CONSENSUS SPLIT CONDITIONS: N/A CONSID E RATIONS/DIRECTI V ES N/A TERMS: N/A cc: Bill Gilk r1 LJ Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission Pmued on nxycW pyer . s • • � � CITY OF HUTCHINSON COPY v ISLAND VIEW HEIGHTS SECOND ADDITION, w,e.x ter;. o...�i.•x••.r � II �+ • � Sri „ y �: -•: , _y., L I . ..d►4-r�. ` y a ; y OUMOT B `� ' Y^ rr i ✓ � j' � II �° I 1 r u' u ' ; , •� P AMK I lX 4 x , - I u m • n x `9 -- t �" I 71'gq�� •Cwn +6 'i ..� -_ x + {. • `y.�{z�` I'� j IC � 'iiGtr 3�r•�J- r�3T.r: "�i►►s� , �,�, �A4Lf x • • I � rA�q • I ' ' OUTLOT A �OUILOT 8 I i i N o E R _ _ _ _ _ F- _ _ _ _ 1 ` .sl M M O.w R xM � �Nn I•fl .OY4 9 T2 • Hutchinson City Center Ill Hawn street SE Hutchlmon, MN S53SO -2573 320- 591- 5151/F" 320.214.4740 C MEMORANDUM DATE: September 16, 1998 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF PETITION REQUESTED BY RYAN COMPANIES US. INC. TO VACATE ALL THE DRAINAGE AND UTILTIY EASEMENTS LOCATED IN THE V. H. JORGENSON Pursuant to Section 5.972 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request 11 HISTORY: On August 31, 1998 Ryan Companies US, Inc. submitted a petition to vacate an easements located in the V. H. Jorgenson Subdivision.. FINDINGS OF FACT: The required application was submitted and the appropriate fee paid. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, September 3 and Tuesday, September 8, 1998. RECOMMENDATION: DENIAL APPROVAL X with staff recommendations and the following terms and conditions. UNANIMOUS X CONSENSUS CONDITIONS: N/A CONSIDERATIONS/DIRECTIVES N/A TERMS: N/A cc: John Payton, RLK Dick Brooks, Ryan Companies SPLIT Respectfully submitted, Plow M r"yckd ppr - Dean Wood, Chairman Hutchinson Planning Commission R T 3 I '` .. . . , 0 9 R -1 I .r. R-�4 CAR ■li �I Ism 0 0 ■ �O to �� ® ©0 0� L Di LA rdil F q OB■ i ■ 0 9 R -1 I .r. R-�4 9 0 0 - - -- V. AND K ✓ORGENSON SUBDIVISION •la•TT — may ��. —_. � / / +�r.0 LL1 ,� _i•.cn sr � - . .._— .... .dGT�1LP CLOCK I L--------==---=-=--------- - - - - -� r y � t LJI sit • C DATE: September 16, 1998 • TO: Hutchinson City Council FROM: Hutchinson Plan Commission SUBJECT: CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 11, ZONING ORDINANCE #464 SECTION 10.03 REGARDING PARKING REQUIREMENTS FOR MEDICAL AND DENTAL CLINICS AND HOSPITALS. Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to amend City Zoning Ordinance Section 10 HISTORY On August 31, 1998, Hutchinson Planning Staff requested an amendment to the City Code Chapter 11, Zoning Ordinance #464 Section 10.03 to regarding parking requirements for medical and dental clinics and hospitals. Medical and Dental Clinics One (l) space per 200 square feet of gross floor area plus one (1) space per primary medical service provider Hospitals One (1) space per bed plus one (1) space per employee or volunteer on a major shift. FINDINGS OF FACT L All procedural requirements for amendments to the Ordinance have been complied with. 2. Notice was published in the Hutchinson Leader on Thursday, September 3, 1998. 3. The hearing was held at the regular meeting of the Planning Commission on Tuesday, September 15, 1998, at which time there was no one present objecting to the request. RECOMMENDATION DENIAL APPROVAL X with staff recommendations and the following terns and conditions. UNANIMOUS X CONSENSUS SPLIT U CONDITIONS: cc: Phil Graves Hutchinson City Center III Hassan Street SE Hutchfimn, MN 55350.7322 320- 5V-51511Fa 320. 2341240 MEMORANDUM Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission ' Rimed m mcyckd pqw - 0 C Hutchinson Cit Center 11I Hm Street SE HWWkm ,MN 55350.2522 320.587- 5151/Fu 320.234-4240 MEMORANDUM • DATE: September 17, 1998 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: C NSIDERATION OF FINAL PLAT TO BE KNOWN AS "COUNTY FAIR )ff A A Pursuant to Section 320 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a final plat. HISTORY On August 31, 1998, Ryan Companies US, Inc., submitted a final plat to be known as "COUNTY FAIR MARKETPLACE" located along Hwy 15 South. The plat was approved at the regular meeting of the Planning Commission on Tuesday, September 15, 1998, at which time there were no neighboring property owners objecting to the request. FINDINGS OF FACT 1. The required application and plat maps were submitted the appropriate fee paid. RECOMMENDATION DENIAL APPROVAL X (with staff recommendation and following terms and conditions) UNANIMOUS X CONSENSUS _ SPLIT — CONDITIONS I. Note that the internal utilities are private. 2. The staff recommends that Edmonton Ave. right -of -way continue across the Sturges property west to the fairgrounds property line for future development of the area. 3. A title opinion for the property is required for recording the plat. It is necessary for the City Attorney to review the title opinion prior to recording of the plat at the County. 4. Approval from MnDOT is required to address access, traffic signals, etc. cc John Payton, RLK Dick Brooks, Ryan Companies Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission u '7 `J I r=4 as mrrk4 v�p- - -- - - - - -- -- --------- - - - - -- - 7rwx � ' i r, C ii fECENO o _ o y! i a .J/ w. 9 UT R 6 3 SHEER I O= I I n a � a .l r �± b b �} a .44P .�a 4 ` �. r I i COUNTY FAIR MARKETPLACE I .T. 0 0 0 COUNTY FAIR MARKETPLACE r.E A:E:f - - "MAW - - if — ax PAR. A � � i , d J � ��` � 4 C'.: �, , • a -0�•.� �t 5 n v ' -mss -�� ®..... u; 9 •" i s mW — — -- - - - --- ' - - - -- 1 — �� =� --- - - - —�' - - - - - -- '1� L 7 a - r ----- -- _�—�., () �r PAR:IL — -- ... ........" �'il�l'.I... P;.R,^.:L ;l 0 C ,I 4T DETAIL w C � umin wn 1V I JtCA =�Z i t -F _ \ � 1 1 w C � RESOLUTION NO. 11080 RESOLUTION GIVING APPROVAL OF FINAL PLAT TO BE KNOWN AS COUNTY FAIR. MARKE TPLACE REQUESTED BY RYAN COMPANIES U.S., INC WHERE AS, Mr Richard Brooks, Ryan Companies U.S., Inc., has submitted final plat to be known as COUNTY FAIR MARKETPLACE of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described land in McLeod County, to -wit; Legal Description: The East half of the Southeast Quarter of Section 12, Township 116, Range 30, McLeod County, Minnesota. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That said final plat of COUNTY FAIR MARKETPLACE is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota subject to the following conditions: • Note that the internal utilities are private. • The staff recommends that Edmonton Ave. right -of -way continue across the Sturges property west to the fairgrounds property line for future development of the area. ✓ A title opinion for the property is required for recording the plat. It is necessary for the City Attorney to review the title opinion prior to recording of the plat at the County. ✓ Approval from MnDOT is required to address access. traffic signals, etc. BE IT FURTHER RESOLVED THAT such execution of the certification upon said plat by Mayor and City Administrator, as required, shall be conclusive showing of proper compliance therewith by the subdivider and City Officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. Adopted by the City Council this 22nd day of September, 1998. ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor 0 i 4--47, FpR.Y 0UR MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, September 15, 1998 CALL TO ORDER 4:00 P.M. The meeting was called to order by Chairman Dean Wood at 4:00 p.m. with the following members present: Dave Westlund, Joe Drahos, Jeff Jones, Bill Arndt and Chairman Wood. Absent: Jeff Haag and Jim Haugen. Also present: Bonnie Baumetz, Planning and Zoning, Marc Sebora, and Richard Schieffer, City Legal Counsel, Mark Hansen, Building Dept., and John Rodeberg, Director of Engineering. 2. a) Consideration of minutes of regular meeting dated August 18, 1998. Mr. Wastlund made a nation to approve the minutes dated August 18, 1998. Seconded by Mr. Jones the motion carried unanimously 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDMONAL USE PERMIT REQUESTED BY BARRY BARTON TO CONSTRUCT MINI STORAGE UNITS WITH OUTDOOR STORAGE LOCATED ON SCHOOL RD. N.W. Chairman Wood opened the hearing at 4:01 p.m. with the reading of publication 85219 as published In The Hutchinson Leader on Thursday, September 3, 1998. The request Is for the purpose of consideration of conditional use permit requested by Barry Barton to construct mini storage units with outdoor storage located on School Rd. N.W. Ms. Baumetz explained Mr. Barton was requesting to build six storage units located in a C-4 district with on site ponding. In this district storage units are conditionally permitted. The planning staff was split on a recommendation due to lack of information. Ms. Baumetz said Mr. Barton has addressed some conditions and has submitted a landscaping plan showing the berming with hedges. Four buildings will be completed by May or June of 1999. The last two buildings will be completed in the next two or three years, in the mean time Mr. Barton was requesting outdoor storage in this space. Operation time will be the same hours as Burger King. Security will be plastic coated chain link fence and camera surveillance. The office will be open 40 hours a week. Barry Barton, owner, said this is a good location for storage units. It will be a secure facility, a benefit for the community. He would build the north and south and the two center buildings first. Mr. Barton said the pond would be built to the City engineers recommendations with berming and landscaping. The pond shouldn't show from the street. The pond will be inside the fence Traffic is not an issue. Ed Doring, 1282 Rolling Oaks Ln., said he has no problem with the storage units, but does not want open -air storage. A concerned neighbor, Rolling Oaks Ln., said he was concerned with open storage. He was also interested in the location of the berm, fence, and trees. Harlan Langhollz, 1200 Rolling Oaks Ln., said he was concerned with run off. He doesn't want the Pond on the south side. He would like to have the pond on the southeast comer. He would like the catch basin moved to the east. John Rodeberg said there are liability issues with ponding. If Bartons were to consolidate with Burger King, they would have to change their pond because laws have changed. A neighboring homeowner asked the provisions for lighting. Mr. Barton said the lights would be directed toward the building. 1 Dick Schieffer, legal counsel, said code does not permit outdoor storage. C-4 zoning district has no provision for outdoor storage. Mr. Arndt moved to close the hearing, seconded by Mr. Jones the hearing closed at 4:56 p.m. Mr. Arndt made a rnotion to recommend approval of the request without outdoor storage, the adjustment of moving the catch basin to the east, and noting all six units should be built within three years. Seconded by Mr. West and the motion carved unanimously. b) CONSIDERATION OF PETITION BY BARRY BARTON TO VACATE DRAINAGE AND UTILITY EASEMENTS LOCATED BETWEEN LOTS 1 AND 2 OF BLOCK 1, SORENSEN ADDITION Chairman Wood opened the hearing at 5:05 p.m. with the reading of publication #5220 as published in The Hutchinson Leader on Thursday, September 3, and Tuesday September 8, 1998. The request by Barry Barton is for the purpose of consideration of vacation of utility easements located between Lots 1 and 2, Block 1, Sorensen Addition. Mr. Arndt moved to dose the hearing, seconded by Mr. Jones the hearing closed at 5:06 p.m. Mr. Westlund made a motion to approve the request with staff recommendations. Seconded by Mr. Drahos the motion passed unanimously. C) CONSIDERATION OF PETITION BY CITY STAFF TO VACATE DRAINAGE AND UTILITY EASEMENTS LOCATED IN OUTLOT B, ISLAND VIEW HEIGHTS SECOND ADDITION TO ALLOW FOR THE REPLAT TO BE KNOWN AS ISLAND VIEW HEIGHTS THIRD ADDITION. Chairman Wood opened the hearing at 5:07 p.m. with the reading of publication #5221 as published in The Hutchinson Leader on Thursday, September 3, and September 8, 1998 for the consideration of petition by city staff to vacate drainage and utility easements located in Outlot B, Island View Heights Second Addition to allow for the replat to be known as Island View Heights Third Addition. Ms. Baumetz explained that originally the dedicated easements were platted, and the county cannot record a replat until original easements are removed. Mr. Arndt moved to close the hearing, seconded by Mr. Westlund the hearing dosed at 5:08 p.m. Mr. Arndt made a motion to recommend approval of the request with staff recommendations, seconded by Mr. Jones the motion passed unanimously. d) CONSIDERATION OF PETITION BY RYAN COMPANIES US, INC. TO VACATE ALL THE DRAINAGE AND UTILITY EASEMENTS LOCATED IN THE V.H. JORGENSON SUBDIVISION. Chairman Wood opened the hearing at 5:10 p.m. with the reading of publication #5222 as published in The Hutchinson Leader on Thursday, September 3, and September 8, 1998. The request is for the purpose of consideration of petition by Ryan Companies U.S. Inc. to vacate all the drainage and utility easements located in the V.H. Jorgenson Subdivision. Ms. Baumetz said the easements need to be vacated before replatting Mr. Amdt asked how the wells on the property would be taken care of. John Payton said an approved licensed company would be capping both known and unknown wells at this time. Mr. Drahos moved to dose the hearing, seconded by Mr. Jones the hearing closed at 5:11 p.m. Mr. Drahos made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Arndt the motion carried unanimously. e) CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 11, ZONING ORDINANCE #464 SECTION 10.03 REGARDING PARKING REQUIREMENTS FOR MEDICAL AND DENTAL CLINICS AND HOSPITALS Chairman Wood opened the hearing at 5:30 p.m. with the reading of publication #5223 as published • in The Hutchinson Leader on Thursday, September 3, 1998. The request is for the purpose of consideration of amendment to City Code Chapter 11, Zoning Ordinance #464, Section 10.03 regarding parking requirements for medical and dental clinics and hospitals. Ms. Baumetz said all the present facilities will meet the proposed requirements and also the hospital addition plans meet the requirements. Mr. Westlund moved to dose the hearing, seconded by Mr. Arndt the hearing closed at 5:31 p.m. Mr. Westiund made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Jones the motion carried unanimously. 4. NEW BUSINESS a) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS "COUNTY FAIR MARKET PLACE" SUBMITTED BY RYAN COMPANIES U.S., INC. John Payton said parcel would have one half of right away on Edmonton Ave Mr. Rodeberg said Mn/DOT has verbally given a traffic signal to Edmonton Ave., but no access on Denver. "Cub" will be the grocery store, and Office Max has also optioned space. Staff recommends that Edmonton Ave right-0f -way continue across the Sturges property west to the fairgrounds property line for future development of the area. A titre opinion for the property is required for recording the plat. It is necessary for the City Attorney to review the title opinion prior to recording of the plat at the County. Approval from MnDOT is required to address access, traffic signals, etc. Note that the internal utilities are private. Mr. Westlund made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Arndt the motion carried unanimously. 5. OLD BUSINESS None 6. COMMUNICATION FROM STAFF a) Discussion of research regarding parking requirements for colleges. Ms. Baumetz said parking requirements would be put on next month's agenda for amendment to the ordinance. Mr. Arndt said the parking along South Grade Rd. is a critical safety issue. Ms. Baumetz will bring the issue to the city engineer for study. 7. ADJOURNMENT There being no further business the meeting adjourned at 5:40 p.m. U 3 9 PUBLISHED IN THE HUTCHINSON LEADER THURSDAY, SEPTEMBER 10, 1998 HO. 5224 Notice of Public Haring Small Cities Dmlopeaent Program Notice is hereby i that public hearing will be held for the purposes of providing infommation amd receiving cmzm's comment regording the sublissian of an application to the Minnesota Department of Trade and Economic Development for Small Odes Development Grant Program the oCrty f Hutchinson. to be utilized for the single f nniily housing construction project. Considezation. is currently being given to submission of an application for a grant A public hearing re the City of Hutchinson's Small Cities Development (!rent program eel wr�l be - held on September 22 1998 at f o;o O pmL m the e;+ ee biter Ca cAmt r 1 Ch c,&" b c r All interested citizens are Urged to aunnine and to smbmit corm on this proposed application. • Information regarding the cwntrnts of the proposed application my on be obtained by contacting: Rick Goodemaan. Commmnity Development clan, at 507/836 -8547 extension 402. Gary D. otz City Administrator Dated: September 4, 1998 0 0 Memorandum To: Mayor and City Council From: Jean Ward Data: 9/14/1998 Re: Request for City Council approval of Local Government Resolution authorizing the City Of Hutchinson to apply for grant funds and adopt Small Cities Development Program Application Certification of Compliances Project Background The Hutchinson Housing Task Force was formed in August, 1997 in response to announcements of expansion by local industry of job growth with a need for 500 —1000 new employees. Since August of 1997, the Hutchinson Housing Task Force has been assessing local housing needs and proposing concepts to meet these needs. The significant population and household growth that occurred in Hutchinson between 1980 and 1990 is continuing. Between 1980 and 1990 there was a 25% increase • in population and 30% increase in the number of households. This growth has caused tremendous demand for houses priced under $100,000. The average new home price is about $145,000; however, the average new worker can afford about $85,000 to $105,000 in a mortgage. The Maxfield Housing Market Analysis and a Housing Plan prepared by Currier Consulting projects a strong demand for housing in Hutchinson, especially single family homeownership affordable to our workforce. 'Me community has determined the need for affordable, owner - occupied housing. The Housing Task Force and HRA is determined to address this housing need in a way that promotes the responsible development of attractive, livable neighborhoods within city limits. The current focus and challenge is to re- create interest in and demand for new neighborhoods more like the city's older developments which promote affordability, consideration for the quality of public spaces and respect for the character of surrounding context. Ownership is a priority for the Task Force, and the HRA has responded by applying to the Greater Minnesota Home at Last Program to purchase land to build 40 - 50 single family homes priced at $95,000 or less. The market for these homes will he households earning between 60% and 80 % of statewide median income. This translates into an income range of $31,080 to $41,440 for a family of four in Hutchinson. In support of the Home at Last program, as you recall, the City Of Hutchinson has approved providing one -half the discount needed for the ECHO program in order to provide up to $4,000 per family in entry cost assistance. In addition, an application to DTED to assist in providing funding to low and moderate income families to pay for lot improvement costs is being proposed. The project is described as follows: 0 s -fir September 14, 1998 Department of Trade and Economic Development Application Project Description: The City Of Hutchinson wishes to promote development of up to 40 new lots for the Home at Last Program. The City Of Hutchinson, through the Hutchinson HRA, has applied for funding to acquire land and to provide funds for new infrastructure to improve the site. The City Of Hutchinson will be applying for SCDP funds to provide equity gap funding to assist up to 30 LMI home buyers. The grant application to DTED for the Small Cities program to provide funds for new infiastrucnue will be used for Site 2 selected by the Housing Task Force and HRA Board. Rick Goodeman, from Southwest Minnesota Housing Partnership, has been working on our application and has met with DTED on how the funding will be structured. What Rick found is that DTED will not upfront the improvement costs, but would like the grant funds structured to help low and moderate income people at time of closing to pay their assessments. An example is as follows: Sales Price $95,000 5% Downpayment (Includes 000 ECHO funds) S4750 City Of Hutchinson 0% deferred loan (funds from DTED) to pay off assessments $12,000 First Mortgage Required $78,250 As you can see, the first mortgage required will be very attractive to people at up to 80% of median • income. People earning more than 80% of median income will be able to purchase a home in this development of 40 lots, but will not be eligible for the City Of Hutchinson, SCDP funds to pay the assessments. The HRA Board recommends your approval of the enclosed Resolution regarding the DTED application for this project. F: Development/council memo DTED 2 SMALL CITIES DEVELOPMENT PROGRAM APPLICATION Compliances (FP -10) (page 1) Applicant Name: City of Hutchinson ® 1. Single Audit Act Amendment of 1996 (P.L. 104156, Chapter 75 of title 31, USC), which establishes audit requirements for state and local govemments receiving federal funds. ® 2. OMB Clrcuiar A-87 - Establishes "Principles for Determining Costs Applicable to Grants and Contracts with State Local and Federally- recognized Indian Tribal Governments ". ® 3. Section 504 of the Federal Rehabilitation Act of 1973; the Americans with Disabilities Act (ADA), MN Statutes 1990, Chapter 363, Chapter 363 MN Human Rights Act - Require that all public facilities and programs be designed and constructed to be accessible to the physically handicapped. ® 4. The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, the "LIAR ", (Federal Register March 11, 1988, Volume 53, Number 48) — Establishes requirements for procurement and financial management �5. Title VI of the Clvil Rights Act of 1964 (P.L. 88 -352) and subsequent regulations - It ensures access to facilities or programs regardless of race, color, national origin or sex 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 and subsequent regulations - prohibit employment discnminatbn on the basis of race, color, religion, sex or national origin. [K7. Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and subsequent regulations, the "Uniform Acr - Identifies procedures for the acquisition of property and the relocation of persons and businesses. S8. Section 104(d) of the Housing and Community Development Act - Requires recipients to adopt, make public, and certify a residential anti - displacement and relocation assistance plan. 2'9. Executive Orders 11988 and 12148, Roodplain Management - Requires action to minimize the impact of floods on assisted projects. 10. Executive Orders 11625 and 12138 - Encourage recipients to award construction, supply and professional service contracts to minority and women's business enterprises ® 11. The Hood Insurance Purchase Requirements of Section 102a of the flood Disaster Protection Act of 1973, (P.L. 93 -234) - Requires the purchase of flood insurance in communities where such insurance is available for construction or acquisition projects in any area having special flood hazards. ® 12. The National Environmental Policy Act "NEPA" of 1969 (42 USC, Section 4321 at seq.) and other related acts related to the environment - Requires an analysis of a projects' environmental impact and a description of efforts to mitigate the impact Other related acts refer to environmental quality. • SCDP Applicant Guide (April 1998) C 5 .7—A SMALL CITIES DEVELOPMENT PROGRAM APPLICATION Compliances (FP -10) (page 2) .1 ® 13. Section 401f of the Lead -Based Poisoning Prevention Act, as amended (42 USC, S- ,won 4831 b) requires the removal and prohibits the use of lead -based paint for housing rehabilitation projects. XCT 14. Federal Fair Labor Standards Act (29 USC, Section 201 et seq.) - Requires that employees be paid at least minimum wage and that they be paid one and one -half times their basic wage for all hours worked in excess of the prescribed work week © 15. State Laws, the Davis Bacon Act (40USC, Section 276a - 276x5), Copeland (Antiadckback Act, 40 use 276c) and the Contract Work Hours and Safety Standards Act of 1962 (40USC, Section 327 -333)- Requires payment of wages, at hourly rates, as established by the Department of Labor. 16. Section 3 of the Housing and Urban Development Act of 1968, as amended - Encourages the employment and training of lower-income people and awarding of contracts to businesses located with the community receiving assistance. ® 17. Title VIII of the Civil Rights Act of 1968, as amended and executive order 12259 - Requires equal opportunity in housing and non-discrimination in the sale or rental of housing and actions to aftlmtadvey further fair housing. R) 8. Requirements specified in the Housing and Community Development Act of 1974, as ammended - establishes the Small Cities Development Grant program. ® 19. Act Discrimination Act of 1975 - Prohibits discrimination on the basis of age. ® 20. Minnesota Statutes Sections 176.181 - 176.182 - Requires recipients and subcontractors to have workers compensation insurance coverage. EC 21. Clean Water Act and Executive Order 11288 - Requires protection of surface and ground water resources ® 22. Minnesota Statutes Sections 471.87 and 471.88 - Forbids public officials from engaging in activities 'which are, or have the appearance of being, in conflict of interest ® 23. The Minnesota Government Practices Act - ProtecLS the privacy of individuals who participate in Community Development- assisted programs by prohibiting the public disclosure of participant's income and other personal informaticn. © 24. Antitrust or unfair trade practices laws - Regulates and controls the sale of goods and services and prohibits deceptive and unfair competition between businesses. SCDP Applicant Guide (April 1998) 5-; SMALL CITIES DEVELOPMENT PROGRAM APPLICATION 0 Compliances (FP -10) (page 3) ® 25. 43 U.S.C. Section 18.100, entitled "Limitation on use of appropriated funds to influence certain federal contracting and financial transactions' - Requires a certification that no federal funds have been utif¢ed to lobby or gain undue influence. ® 26. Executive Order 12549, Debarment and Suspension (43 CAR, Part 12 and Section 12.510) - Requires a certi fication regarding Federal debarment, suspension and other responsibility matters. ® 27. Executive Order 91 -3, Wetlands - Requires grant and loan recipients to apply the principles of The ' City of Hutchinson Certifies compliance with the compliance area (Applicant) indicated as applicable by checkmark, and as so stated in the accompanying "Locai Government Resolution." 0 SCDP Applicant Guide (April 1998) 5 -71 no-net -loss of Wetlands during the conduct of their projecL ® 28. The Drug Free Workplace Act (PL 100-690, Title V, Subtitle D) - Requires that grantees certify that they will provide a drug free workplace. ® 29. Section 519 of Public Law 101 -144 (1990 HUD Appropriations Act and Section 104(p of HAD Act - Requires that each local unit of government adopt, enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. E'd0. Section 1352, Title 31, U.S. Code- Requires that language of certification regarding lobbing for contracts, loans and agreements be included in award documents for all subawards at all tiers. Section 319 of Department of Interior and Related Agencies Appropriations Act, known as the Byrd AmendmenC'prohibits the use of federally appropriated funds for influencing any Executive or Legislative Branch personnel in the awarding Federal contracts, grants, or loans. It also requires, where appropriate, the completion of Disclosure Form SF-LLL ® 31. Subpart C of 24 CFR Part 12 - Provides for Disclosure/Update from applicants/recipients of HUD assistance relating to the amount of assistance received, sources and uses of funds, and interested parties, and requires the completion of HUD Form 2880. ® 32. M.S. 290.9705 -Requires that 8 percent of each payment paid to out-of -state contractors for work in Minnesota must be withheld on any contracts that exceeds or could reasonably be expected to exceed 5100,000, unless the requirement is waived. The ' City of Hutchinson Certifies compliance with the compliance area (Applicant) indicated as applicable by checkmark, and as so stated in the accompanying "Locai Government Resolution." 0 SCDP Applicant Guide (April 1998) 5 -71 RESOLUTION NO. 11082 LOCAL GOVERNMENT RESOLUTION City of Hutchinson BE IT RESOLVED that the City of Hutchinson act as legal sponsor for the rrojects contained in the Business and Community Development Application to be subm. -d on October 1, 1998 and that the Mayor of Hutchinson and the City Clerk of Hut, ainson are hereby authorized to apply to the Department of Trade and Economic Deveiopment for funding of this project on behalf of the City of Hutchinson BE IT FURTHER RESOLVED that the City of Hutchinson has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Hutchinson has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Hutchinson may enter into an agreement with the State of Minnesota for the above - referenced projects, and that the City of Hutchinson certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliances Section (1717-10) of the Business and Community Development Application. NOW, THEREFORE BE IT RESOLVED that the Mayor of Hutchinson and the City Clerk of Hutchinson or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the projects on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City of Council of the City of Hutchinson on September 22, 1998. SIGNED: WITNESSED: Mayor of Hutchinson (Title) City Clerk (Date) (Title) (Date) (Signature) (Title) (Date) (Signature) (Title) (Date) A, Hutchinson Fire Chief 111 Hassan Street S.E. Hutchinson, MN 55350 (320) 2344211 September 21, 1998 Hutchinson Fire Department Roof Project: We received four bids for the project, the low bid that met specifications was Laraway Roofing Inc. from Hutchinson. Mir 1. Buysse Roofing from Waite Park, $21,500 ( did not bid to Specs ) 2. Laraway Roofing from Hutchinson, $29,829 3. Herzog Roofing from Detroit Lakes, $30,000 • 4. Horizon Roofing from Waite Park, $50,980 The roof at the fire station has an 8 inch slope and no sign of water pooling, we will not have to have that fixed. The fire department would like to recommend Laraway Roofing Inc. i A, C 0 Hutchinson City Center 111 1laaeae Street SE HatcWmoo. MN 55330 -2522 320. 587.5151 /Fax 320.2344240 T —NA 11 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works John Olson, Assistant Public Works Director RE: Consideration of Waiving Snow Removal Permits and Fees for the 1998 -99 Snow Removal Season DATE: September 17, 1998 We are recommending a one season trial period in which we would waive Snow Removal Permits and fees. This is due to several issues: • ♦ Currently, we find that only a portion of Snow Removal Contractors get permits. ♦ Some of those only get 1 permit per company, instead of the required 1 per vehicle. ♦ We charge only $10 /permit, which does not even pay the cost of the work to complete the permit. ♦ We do not have the manpower to enforce all the requirements of the permit. ♦ A survey of similar size cities notes that we are the only one that requires this type of permit. ♦ State and local laws and ordinances still provide the needed level of enforceability. We would like to see how the City operates for this season without the permit requirement. We therefore request approval for Waiving Snow Removal Permits and Fees for the 1998 -99 Snow Removal Season cc: Steve Madson Marilyn J. Swanson file: Snow Removal • Pdmd w rwyded papa - 6 / t • CITY OF HUTCHINSON MEMO Finance Department ' 1 q► ul : C I ,�1► : ► 1 1: � u • 1►Y : `7.`7W u`7 Q Iu1Z1►Y We have received the attached contract for 1999 between the City of Hutchinson and McLeod County for assessing services. This proposed contract amount of $31,310 has been placed in the • 1999 budget and is based upon 4,744 parcels @ $6.60 per unit. For 1998 the contract was $29,869.00 based upon 4,667 parcels @ $6.40m per unit. I would ask the City Council to approve the McLeod County contract. u d rd ASSESSMENT AGREEMENT BETWEEN LOCAL UNIT AND COUNTY THIS AGREEMENT is made and entered into by and between the City of Hutchinson and the County of McLeod State of Minnesota, thi� 1st day of January , 19 WHEREAS, the City of Hutchinson wishes to abolish the office of assessor for said C1 , under the provisions of Minnesota Statutes, Section 273.072, and enter into an agreement with the County of McLeod to provide for the assessment of the property in said City by the county assessor: and WHEREAS, it is the wish of said county to cooperate with said City to provide for a fair and equitable assessment of property; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED AS FOLLOWS: 1. That the City o f Hutchinson which lies within the County of McLeod and constitutes a separate assessment district, shall have its property assessed by the county assessor of McLeod County, beginning with the assessment of the year 19 _9L_ , providing this agreement is approved by the Commissioner of Revenue of the State of Minnesota. 2. It is further agreed that the office of local assessor of the City_ of Hutnhi nson is hereby abolished, pursuant to this agreement and the approval of the Commissioner of Revenue, and that such office shall cease to exist for the duration of this agreement, which shall be until December 31 19 99 3. In consideration for said assessment services, the City of • Hutchinson hereby agrees to pay the County of McLeod the annual sum of 31 ,310 such payment to be made to the county treasurer on or before December 1, 1999 4,744 parcels ® $6.60 IN WITNESS WHEREOF, the parties have executed this agreement this day of 19 In Presence Of: For City.or Township Signed: By Attest In Presence Of: By Attest For County: Signed: The above agreement is hereby approved by the Commissioner of Revenue this day of , 19_ Jim Girard, Commissioner of Revenue A r (2— r MID - MINNESOTA DEVELOPMENT COMMISSION COMMISSION OFFICERS Shame RdBy Jo r� Vice Chair Edward Mlynar Seaehry Bruce Shuck Treasurer FAX MEMORANDUM EXECUTIVE DIRECTOR PROGRAM AREAS H. Eugene Hippe Community Development Economic Development Area Agency on Aging Grants Adrninistratim BuiMing Inns FAX: (320) 234 -4240 To: Marilyn J. Swanson Please copy: I John Rodeberg I Date: Sept. 17,1998 From: Rebecca Stoen Subject: Second Public Hearing Notice • if there is room on the next City Council meeting agenda, please add a Public Hearing for the Flood Grant on October 13'". This will be the final public hearing required for the Flood Grant, as two are required before completion of the project The notice should be published in the paper according to the City's normal procedures and written as follows: "Notice is given that a public hearing will be held on October 13 at 6:00 p.m. in the Council Chambers of the City Center for purpose of obtaining public comment prior to the completion of the Flood Grant project There will be a review of project activities and a project update presented. This hearing will be held by the City Council of the City of Hutchinson. At this hearing, all persons interested may be heard. As a requirement of the grant, information on Fair Housing will also be presented to the public." We will also need an affidavit of publication from the newspaper for the files. if you have any questions, please call me at 1(800) 450 -8608. Thank you for your help! Ll 3" WEST SIXTH STREET • WILLMAR MN 56201 • TELEPHONE 32W235-M • TOLL FREE 14W4 WSM FAX 32OWS4329 • E•MAIL midmndevcozn0Willmar cons 90- 5>1 DORSEY & WHITNEY LLP September 15, 1998 Mr. Kenneth Merrill Finance Director City of Hutchinson 111 Hassan Street Hutchinson, MN 55354 Re: Taxable Medical Facilities Gross Revenue Bonds, Series 1998 City of Hutchinson, Minnesota Dear Ken: Enclosed is a form of resolution awarding the sale and setting forth the terms and conditions for the gross revenue bonds to finance the addition to the medical clinic building for consideration by the City Council at its meeting on September 22o Once the sale details have been determined the various blanks in the resolution will be completed. Should you have any questions, please call me. Yours truly, J ro a P. Gilligan JPG:cmn Enclosure cc: Sandy Ludford Phil Graves Ed Tusa 0 lI —E' NEW YORK MINNEAPOLIS PILLSBURY CENTER SOUTH WASHINGTON. D.C. 220 SOUTH SIXTH STREET DENVER LONDON MINNEAPOLIS, MINNESOTA 55402 -1498 SEATTLE BRUSSELS TELEPHONE: (612) 340 -2600 PA0.G0 HONG KONG FAX: (612) 340 -2868 BILLINGS DES MOINES JEROME P. CM1 CAN MISSOULA ROCHESTER (812) 340.2982 COSTA MESA FAX (812) 240.2844 GREAT PALLS atllla jerome0dorwylew.com September 15, 1998 Mr. Kenneth Merrill Finance Director City of Hutchinson 111 Hassan Street Hutchinson, MN 55354 Re: Taxable Medical Facilities Gross Revenue Bonds, Series 1998 City of Hutchinson, Minnesota Dear Ken: Enclosed is a form of resolution awarding the sale and setting forth the terms and conditions for the gross revenue bonds to finance the addition to the medical clinic building for consideration by the City Council at its meeting on September 22o Once the sale details have been determined the various blanks in the resolution will be completed. Should you have any questions, please call me. Yours truly, J ro a P. Gilligan JPG:cmn Enclosure cc: Sandy Ludford Phil Graves Ed Tusa 0 lI —E' CERTIFICATION OF MINUTES RELATING TO $4,350,000 TAXABLE MEDICAL FACILITIES GROSS REVENUE BONDS, SERIES 1998 Issuer. City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on September 22, 1998, at 5:30 o'clock P.M., in the Council Chambers at the Hutchinson City Center. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): 1 through 33 RESOLUTION NO. 11083 RESOLUTION RELATING TO $4,350,000 TAXABLE MEDICAL FACILITIES GROSS REVENUE BONDS, SERIES 1998; AWARDING THE SALE, FILING • THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certifying that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the 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 ' 1998. Signature (Seat) Gary D. Plotz City Administrator Name and Title • The City Administrator reported that _ proposals for the $4,350,000 Taxable Medical Facilities Gross Revenue Bonds, Series 1998 had been received in accordance with the Terms of Proposal for said Bonds. The proposals have been read and tabulated, and the terms of each have been determined to be as follows: Total Interest Interest Bid for Cost -Net Name of Bidder Rates Principal Avera¢e Rate See attached bid tabulation • • • Member introduced the following resolution and moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 11083 RESOLUTION RELATING TO $4,350,000 TAXABLE MEDICAL FACILITIES GROSS REVENUE BONDS, SERIES 1998; AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City"), as follows: Section 1. Recitals. Authorization and Sale of Bonds • i 1.01. Authorization The City owns and operates a hospital, nursing home and related medical facilities (the "Municipal Hospital ") as an enterprise fund of the City, operating under the name Hutchinson Area Health Care, which is governed by a Board of Directors (the "Hospital Board ") appointed in accordance with the Charter of the City. To finance an addition to the medical clinic constituting a portion of the Municipal Hospital the City has determined that it would be in the best interests of the City to issue and sell Taxable Medical Facilities Gross Revenue Bonds, Series 1998 in the principal amount of $4,350,000 (the "Series 1998 Bonds "). The City has retained Ehlers & Associates, Inc. to act as financial advisor to the City in connection with the issuance and sale of the Bonds, and the City has determined to sell the Bonds without meeting the requirements as to public sale under Minnesota Statutes, Section 475.60, subdivision 1, pursuant to the exception from such requirements contained in clause (9) of Minnesota Statutes, Section 475.60, subdivision 2. 1.02. Existing Indebtedness and Liens Upon the issuance of the Series 1998 Bonds there will be outstanding the General Obligation Medical Facilities Revenue Refunding bonds, Series 1997B, the General Obligation Medical Facilities Revenue Refunding Bonds, Series 1997A and the General Obligation Taxable Medical Facilities Revenue Refunding Bonds, Series 1998B (together, the "Outstanding Medical Facilities Bonds ") of the City to which the City has pledged to the payment the net revenues of the Municipal Hospital. Upon the issuance of the Series 1998 Bonds, the Series 1998 Bonds and the Outstanding Medical Facilities Bonds will be the only obligations payable from revenues of the Municipal Hospital. 1.03. Sale of Series 1998 Bonds Pursuant to the Terms of Proposal for the Sale of the Series 1998 Bonds, _ proposals for the purchase of the Series 1998 Bonds were received at or before the time specified for receipt of proposals. The proposals 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 Series 1998 Bonds at a price of $ plus accrued interest from the date of the Series 1998 Bonds to the date of delivery thereof, the Series 1998 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 Series 1998 Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.04. Performance of Requirements All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Series 1998 Bonds having been done, existing, having happened and having been performed, it is now necessary for this Council to establish the form and tetras of the Series 1998 Bonds, to provide security therefor and to issue the Series 1998 Bonds forthwith. 1.05. Definitions In addition to the words and terms elsewhere defined in this Resolution, including the foregoing recitals, the following words and terms as used in this Resolution shall have the following meanings unless the context or use indicates another or different meaning or intent: "Act" means Minnesota Statutes, Sections 447.45 through 447.50, as from time to time amended. "Additional Bonds" means Bonds issued by the City pursuant to Sections 4.3 or • 4.4 hereof subsequent to the issuance of the Series 1998 Bonds. "Bond Counsel" means an attorney or law firm selected by the City, having a favorable reputation for its opinions relating to municipal tax - exempt financing matters. `Bondholder" or "Holder", with reference to any Series 1998 Bond, means the owner of such Series 1998 Bond, determined in accordance with the Resolution. "Bonds" means, collectively, the Outstanding Medical Facilities Bonds, the Series 1998 Bonds and any Additional Bonds. "Code" means the Internal Revenue Code of 1986. "Consultant" means a person engaged in the business of consulting, whether or not such Person's principal business, selected by the City, having the skill and experience necessary to render the particular report or service required and having a favorable and nationally or regionally recognized reputation for such skill and experience. -2- "Counsel" means an attorney duly admitted to practice law before the highest court of any state and, unless otherwise expressly provided herein, may include legal counsel for the City. "Escrow Obligations" means, with respect to any obligation which secures all or a portion of a series of Bonds, the obligations permitted by law to be used to defense such series of Bonds or portion thereof. "Existing Facilities" means the existing acute -care hospital, nursing home and the medical office building owned by the City and operating as Hutchinson Area Health Care, which is governed by the Hospital Board. "Expenses" means, for any period, the aggregate of all expenses of the Municipal Hospital calculated under generally accepted accounting principles for such period, exclusive of (i) interest on Long -Term Indebtedness, (ii) depreciation and amortization and (iii) extraordinary expenses (including without limitation losses on the sale of assets other than in the ordinary course of business and losses on the extinguishment of debt). "Financial Advisor" means a certified public accountant or firm of certified public accountants, or municipal financial advisor or firm of municipal financial advisors, selected by the City. "Fiscal Year" means the period January 1 through the following December 31, or such other consecutive 12 -month period as is selected by the City as the fiscal year for the Municipal Hospital. "Gross Revenues" means, for any period, the sum of (a) gross patient service and resident care revenues less contractual allowances and provisions for uncollectible accounts, free care and discounted care, plus (b) other operating revenues, plus (c) non - operating revenues available for the payment of operation and maintenance expenses and debt service on Long -Term Indebtedness, all as determined in accordance with generally accepted accounting principles. "Income Available for Debt Service" means, for any period, the excess of Gross Revenues over Expenses for the Municipal Hospital. "Insurance Consultant" means a Person qualified to survey risks and to recommend insurance coverage for the Municipal Hospital, and having a favorable reputation for skill and experience in such surveys and such recommendations, and which may include a broker or agent with whom the District normally transacts business. "Long -Term Indebtedness" means indebtedness having an original stated maturity or term greater than one year or renewable at the option of the debtor for a period greater than one year from the date of original issuance. -3- "Municipal Hospital" means the Existing Facilities, together with the properties added thereto pursuant to the 1998 Project, and any future additions to or modifications and replacements of the foregoing, and further including any off -site satellite facilities or properties operated in conjunction therewith. "Net Proceeds" means, when used with respect to any insurance or r.: ademnation award or sale consummated under threat of condemnation, the gross proceeds from .ne insurance or condemnation award or sale with respect to which that term is used less all exp:. rises incurred in the collection of such gross proceeds. "Outstanding," when used with respect to Bonds, means all Bonds which have been duly issued, authenticated and delivered by the City under a Resolution, except: (a) Bonds cancelled after purchase in the open market or because of payment at or before maturity; (b) Bonds for the payment or redemption of which cash or Escrow Obligations shall have been theretofore deposited with an escrow agent authorized by law (whether upon or prior to the maturity or redemption date of any such Series 1998 Bonds); provided that if such Series 1998 Bonds are to be prepaid or redeemed, notice of such prepayment or redemption shall have been given or irrevocable arrangements shall have been made therefor, (c) Bonds in lieu of which others have been authenticated hereunder, and 0 (d) Bonds held by the City. "Outstanding Medical Facilities Bonds" means the City's General Obligation Medical Facilities Revenue Refunding Bonds, Series 1997B, the General Obligation Medical Facilities Revenue Refunding Bonds, Series 1997A and the General Obligation Taxable Medical Facilities Revenue Refunding Bonds, Series 1998B. `Terson" means any natural person, firm, joint venture, association, partnership, business trust, corporation, public body, agency or political subdivision thereof or any other similar entity. "Principal and Interest Requirements" means, for any Fiscal Year, the amount required to pay the principal of and interest on all Outstanding Bonds coming due during such Fiscal Year, to be determined on the assumption that each Outstanding Bond which is a serial bond is to be paid on its stated maturity date and each Outstanding Bond which is a term bond is to be paid on a sinking fund payment date according to the mandatory redemption requirements established at the time of issuance of such term bonds. -4- 9 UNTIED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF MCLEOD CITY OF HUTCHINSON TAXABLE MEDICAL FACILITIES GROSS REVENUE BOND SERIES 1998 i "1998 Project" means the construction of an approximately _ square foot addition to the medical clinic building included as part of the Existing Facilities. "Resolution" means, collectively, this resolution adopted by the City Council on September 22, 1998, relating to the Series 1998 Bonds, the resolution adopted by the City Council on December 9, 1997, relating to the Outstanding Medical Facilities Bonds and any subsequent resolution adopted by the City Council, relating to a series of Additional Bonds. Section 2. Form of Bonds The Series 1998 Bonds shall be prepared in substantially the following form: ILN in Rate Date of Maturi ty Original Issue REGISTERED OWNER CUSIP October 16, 1998 9 THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "City"), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above, on the maturity date specified above, with interest thereon from the date of original issue specified above, or the most recent interest payment date to which interest has been paid or duly provided for, at the annual rate specified above, payable on February I and August 1 in each year, commencing August 1, 1999, 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 (the "Regular Record Date "), all subject to the provisions referred to herein with respect to the 911 redemption of the principal of this Bond before maturity. Any interest not so timely paid shall cease to be payable to the registered owner hereof as of the Regular Record Date, and shall be payable to the person in whose name this Bond is registered as of the close of business or a date (the "Special Record Date ") fixed by the Bond Registrar, as hereinafter defined, whenever money becomes available for payment of the defaulted interest. The interest hereon and, upon presentation and surrender hereof, are payable in lawful money of the United States of 1% _eric... by check or draft of Firstar Trust Company, Milwaukee, Wisconsin, as agent for Firstar � ank of Minnesota, N.A., in St. Paul, Minnesota, as Bond Registrar, Transfer Agent and Payin>_ Agent (the "Bond Registrar"), or its successor, if a successor to the Bond Registrar has been designated under the Resolution described herein. Notice of a Special Record Date shall be given to the registered owner hereof not less than ten days prior to the Special Record Date. This Bond is one of an issue in the aggregate principal amount of $4,350,000 (the "Series 1998 Bonds "), all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued pursuant to a resolution adopted by the City Council on September 22, 1998 (the "Resolution ") to finance a portion of the costs of an addition to a medical clinic building owned by the City, the hospital, nursing home and related medical facilities owned by the City and any improvements thereto hereafter made, are hereinafter referred to in the aggregate as the "Municipal Hospital." The Series 1998 Bonds are 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, Section 447.45 through 447.50 and Chapter 475. This Series 1998 Bond is payable primarily from the gross revenues of the Municipal Hospital which have been pledged and appropriated to the payment of the Series 1998 Bonds. The pledge of the gross revenues of the Municipal Hospital for the payment of the Series 1998 Bonds is a first and prior lien thereon. No owner of the Series 1998 bonds shall ever have the right to compel any exercise of the full faith and taxing power of the City to pay this Series 1998 Bond or the interest thereon, or to enforce payment thereof against any property of the City other than the gross revenue of the Municipal Hospital so pledged The Series 1998 Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any multiple thereof, of single maturities. Additional Bonds may be issued and made payable on a panty with the Series 1998 Bonds from the gross revenues of the Municipal Hospital upon the terms and conditions provided in the Resolution. Except as so provided, no additional bonds or other long -term indebtedness may be issued or incurred unless said bonds or other indebtedness are made payable from the net revenues of the Municipal Hospital remaining after the requirements of the Gross Revenue Bond Account, Reserve Account and Operating Account, as set forth in the Resolution, have been satisfied. The registered owners of twenty-five percent (25 %) or more in aggregate principal amount of the Series 1998 Bonds at any time Outstanding may, either by law or in equity, by suit, action, or other proceedings, protect and enforce the rights of all registered owners of the Series 1998 Bonds then Outstanding, or enforce and compel the performance of any and all of the S9 • covenants and duties specified in the Resolution to be performed by the Issuer or its officers and agents. Series 1998 Bonds maturing in the years 2001 through 2007 are payable on their respective stated maturity dates without option of prior payment, but Series 1998 Bonds having stated maturity dates in the years 2008 through 2014 are each subject to redemption and prepayment, at the option of the City in whole or in part, and if in part, in maturities and amounts selected by the City and in $5,000 principal amounts selected by lot, within any maturity, on February 1, 2007 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. Series 1998 Bonds maturing on February 1, _ shall be subject to mandatory redemption prior to their stated maturity in part by lot on February 1 in the following years and principal amounts at a price equal to the principal amount thereof to be redeemed plus accrued interest to the date of redemption: Year Principal Amount 11 *Final Maturity At least thirty days prior to the date set for redemption of any Series 1998 Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Series 1998 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 Series 1998 Bond, not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Series 1998 Bonds or portions of Series 1998 Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Series 1998 Bonds or portions of Series 1998 Bonds shall cease to bear interest. Upon the partial redemption of any Series 1998 Bond, a new Series 1998 Bond or Series 1998 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 Series 1998 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 -7- 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 Series 1998 Bond or Series 1998 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 Series 1998 Bond is registered as the absolute owner hereof, whether this Series 1998 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 CERT&MD, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Series 1998 Bond have been done, do exist, have happened and have been performed in regular and due form as so required; that by the Resolution the City has pledged to the payment of the principal of and interest on the Series 1998 Bonds gross revenues of the Municipal Hospital; that the issuance of this Series 1998 Bond does not cause the indebtedness of the City to exceed any charter, constitutional or statutory limitation; that the City will maintain such operating policies relating to the Municipal Hospital so as to produce Gross Revenues (as defined in the Resolution) at least sufficient to meet the annual principal and interest requirements of all Bonds • payable from such Gross Revenues and, after payment of such principal and interest, sufficient to maintain the required balance in the Reserve Account securing said Bonds and to pay the normal expenses of operation and maintenance of the Municipal Hospital; and that the City will provide in its budget each year for any anticipated deficiency in the remaining Gross Revenues available for operation and maintenance of the Municipal Hospital. This Series 1998 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 of the Registrar. -8- 0 • IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Series 1998 Bond to be executed by the signatures of the Mayor and the City Administrator and has caused this Series 1998 Bond to be dated as of the date set forth below. Dated of Authentication: City Administrator Mayor CERTIFICATE OF AUTHENTICATION This is one of the Series 1998 Bonds delivered pursuant to the Resolution mentioned within. • Its Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM -- as tenants in common TEN ENT — as tenants by the entireties UNIF TRANS MIN ACT ............ Custodian ............ (Cult) (Minor) under Uniform Transfers to Minors Act ................... ............................... (State) JT TEN -- as joint tenants with right of survivorship and not as tenants in wollllllr63lr Additional abbreviations may also be used. FIRSTAR BANK OF MINNESOTA, N.A., St. Paul, Minnesota, as Bond Registrar • -9- 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 powt 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. Signatures(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. Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other "signature guaranty program" as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Section 3. Bond Terms, Execution and Delivery . 3.01. Maturities Interest Rates Denominations. Payment, and Datine of Bonds The City shall forthwith issue and deliver the Series 1998 Bonds, which shall be denominated "Taxable Medical Facilities Gross Revenue Bonds, Series 1998." The Series 1998 Bonds shall • • -10- be dated as of October 16, 1998, 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 Series 1998 Bonds maturing in such years and amounts shall bear interest computed on the basis of a 360 -day year consisting of twelve 30-day months and rounded pursuant to the rules of the Municipal Securities Rulemaking Board, from October 16, 1998 until paid or duly called for redemption at the rates per annum shown opposite such years and amounts as follows: Year Amount Rate Year Amount Rate The Series 1998 Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Series 1998 Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Each Series 1998 Bond shall be dated as of its date of initial authentication. 3.02. Interest Payment Dates Interest on the Series 1998 Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 1999. Interest on any Series 1998 Bond shall be paid on each interest payment date by check or draft mailed to the person in whose name the Bond is registered on the registration books of the City maintained by the Bond Registrar, as hereinafter defined, and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such interest payment date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the registered owner as of the Regular Record Date, and shall be payable to the person in whose name the Series 1998 Bond is registered on the registration books of the City maintained by the Registrar at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the registered owners of the Series 1998 Bonds not less than ten (10) days prior to the Special Record Date. 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 the -il- Bonds and the registration of transfers and exchanges of the Bonds entitled to be • registered, transferred or exchanged. (b) Transfer of Bonds Upon surrender to the Registrar for transfer of any Series 1998 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 the same series and of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds Whenever any Series 1998 Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of the same series and 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 canceled by the Registrar and thereafter disposed of as directed by the City. (e) lmproMr or Unauthorized Transfer When any Series 1998 Bond is presented to the Registrar for transfer, the Registrw may refuse to transfer the same until it is satisfied that the endorsement on such Series 1998 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 Series 1998 Bond is at any time registered in the bond register as the absolute owner of such Series 1998 Bond, whether such Series 1998 Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Series 1998 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 Series 1998 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 Series 1998 Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new -12- Bond of the same series and 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 Series 1998 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 Series 1998 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 canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. A)V ointment of Initial Registrar The City hereby appoints Fi star Bank of Minnesota, N.A., in St. Paul, Minnesota, as the initial registrar for the Series 1998 Bonds. The Mayor and the City Administrator are authorized to execute and deliver on behalf of the City, a contract with Firstar Bank of Minnesota, N.A., to act as Registrar for the Series 1998 Bonds. Upon merger or consolidation of any bank or trust company acting as Registrar for any series of Bonds 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 for such series of Bonds. The City agrees to pay the reasonable and customary charges of any bank or trust company acting as Registrar for any series of Bonds 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. 3.05. Redemption (a) Series 1998 Bonds maturing in the years 2001 through 2007 shall not be subject to redemption prior to maturity, but Series 1998 Bonds maturing in the years 2008 and thereafter shall each be subject to redemption and prepayment, at the option of the City, in whole or in part, and if in part, in maturities and amounts selected by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 2007 and on any date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. (b) Series 1998 Bonds maturing in the year _ shall be subject to mandatory sinking fund redemption by lot at a redemption price equal to the principal amount of the Series 1998 Bonds to be so redeemed plus interest accrued thereon to the date fixed for redemption, on February 1 in the years and principal amounts set forth below: -13- Year Amount *Final Maturity In the event that any Series 1998 Bonds maturing in the year _ are redeemed pursuant to (c) above by the City or canceled by the Bond Registrar and not reissued, the Series 1998 Bonds maturing in the year _ so redeemed and canceled may be applied by the City as a credit against the Series 1998 Bonds to be redeemed pursuant to this subsection (f), such credit to be equal to the principal amount of the Series 1998 Bonds maturing in the year 2013 so redeemed or canceled provided that the City has notified the Bond Registrar not less than thirty -five (35) days prior to the applicable redemption date of its election to apply such Series 1998 Bonds as a credit and designating the redemption date to which it is to apply. (c) At least thirty days prior to the date set for redemption of any Series 1998 Bond, the City Administrator shall cause notice of the call for redemption to be mailed to the registered owner of each Series 1998 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 Series 1998 Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates and CUSIP numbers of the Series 1998 Bonds to be redeemed and the place at which the Series 1998 Bonds are to be surrendered for payment, which is the principal office of the Registrar. Official notice of redemption having been given as aforesaid, the Series 1998 Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Series 1998 Bonds or portions thereof shall cease to bear interest. In addition to the notice prescribed by the preceding paragraph, the City shall also give, or cause to be given, notice of the redemption of any Series 1998 Bond or Bonds or portions thereof at least 35 days before the redemption date by certified mail or telecopy to all registered securities depositories then in the business of holding substantial amounts of obligations of the character of the Series 1998 Bonds (such depositories now being The Depository Trust Company, of Garden City, New York; Pacific Securities Depository Trust Company, of San Francisco, California; and Philadelphia Depository Trust Company, of Philadelphia, Pennsylvania) and one or more national information services that disseminate information regarding municipal bond redemptions; provided that any defect in or any failure to -14- give any notice of redemption prescribed by this paragraph shall not affect the validity of the proceedings for the redemption of any Series 1998 Bond or portion thereof. Bonds in a denomination larger than $5,000 may be redeemed in part in any integral multiple of $5,000. The owner of any Series 1998 Bond redeemed in part shall receive, upon surrender of such Series 1998 Bond to the Registrar, one or more new Bonds of such same series in authorized denominations equal in principal amount to the unredeemed portion of the Bond so surrendered. 3.06. Preparation and Delivery The Series 1998 Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the manual or facsimile signatures of the Mayor and the City Administrator. In case any officer whose signature shall appear on the Series 1998 Bonds shall cease to be such officer before the delivery of any Series 1998 Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Series 1998 Bond has been duly executed by the manual signature of the Registrar, or in the event the City Finance Director is not acting as Registrar for such series of Bonds, an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Series . 1998 Bonds have been so executed and authenticated, they shall be delivered by the City Finance Director to the purchaser thereof upon payment of the purchase price in accordance with the contracts of sale heretofore made and executed, and the purchaser shall not be obligated to see to the application of the purchase price. 3.07. Securities Depository (a) For purposes of this Section the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Series 1998 Bond is recorded as the beneficial owner of such Series 1998 Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Series 1998 Bonds. "DTC" shall mean The Depository Trust Company of New York, New York. "Participant" shall mean any broker - dealer, bank or other financial institution for which DTC holds Bonds as securities depository. 0 -15- "Representation Letter" shall mean the Representation Letter from the City to DTC previously executed and delivered by the City and on file with DTC. (b) The Series 1998 Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of each series of the Series 1998 Bonds. Upon initial issuance, the ownership of such Series 1998 Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Series 1998 Bonds registered in its name for the purposes of payment of the principal of or interest on the Series 1998 Bonds, selecting the Series 1998 Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Series 1998 Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Series 1998 Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Series 1998 Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Series 1998 Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Series 1998 Bonds. So long as any Series 1998 Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Series 1998 Bond, and shall give all notices with respect to such Series 1998 Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Series 1998 Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Series 1998 Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Series 1998 Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Series 1998 Bonds of such series in the form of certificates. In such event, the Series 1998 Bonds of such series will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Series 1998 Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Series 1998 Bonds will be transferable in accordance with paragraph (e) hereof. -16- • • (d) The Representation Letter sets forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Series 1998 Bonds and Beneficial Owners and payments on the Series 1998 Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Series 1998 Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Series 1998 Bonds, or another securities depository as owner of all the Series 1998 Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Series 1998 Bonds in the form of bond certificates and the method of payment of principal of and interest on such Series 1998 Bonds in the form of bond certificates. Section 4. Flow of funds, Additional Bonds 4.01. Municipal Hospital Gross Revenue Fund: Gross Revenue Bonds The City shall continue to maintain or cause to be maintained on the official books and records of the City a Municipal Hospital Gross Revenue Fund and the accounts described in paragraphs (a) through (e) hereof, showing all receipts and disbursements of moneys herein pledged and appropriated to the Municipal Hospital Gross Revenue Fund, and all other financial matters pertaining to the Municipal Hospital. So long as any Bonds remain Outstanding, all Gross Revenues of the Municipal Hospital shall be set aside and are hereby pledged and appropriated to, shall be deposited and credited to the various accounts of the Municipal Hospital Gross Revenue Fund and expended as provided in this Section 4.1. All Gross Revenues pledged and appropriated to the Municipal Hospital Gross Revenue Fund shall be credited as received to the Municipal Hospital Gross Revenue Fund, and shall be held and invested therein, transferred to other accounts of the Municipal Hospital Gross Revenue Fund, and disbursed and expended as provided in this Section. (a) Capital Expenditure Account There shall be a Capital Expenditure Account which shall be used to record the receipt and disbursement of proceeds of Series 1998 Bonds and any other moneys appropriated for the payment of expenditures which, under generally accepted accounting principles, constitute capital costs necessarily incurred for the acquisition and betterment of the Municipal Hospital, including but not limited to the cost of land, easements, improvements to land, buildings, structures and capital equipment, and the cost of all architectural, engineering, legal and other professional services, costs of issuing any Series 1998 Bonds and interest to accrue on Series 1998 Bonds issued to finance such acquisition and betterment prior to the receipt of the revenues therefrom, and other costs reasonably necessary and incidental thereto. Upon the issuance of the Series 1998 Bonds there shall be credited to the 0 -17- Capital Expenditure Account $ of the proceeds of the Series 1998 Bonds to be expended to pay the costs of the 1998 Project. The City represents that the total cost of the 1998 Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of proceeds of the Series 1998 Bonds to be deposited in the Capital Expenditures Account. The City covenants that it shall do all things and perform all acts required of it to assure that the 1998 Project shall proceed with due diligence to completion. Upon payment of all costs of the 1998 Project any monies remaining in the Capital Expenditure Account shall be transferred to the Gross Revenue Bond Account. (b) Gross Revenue Bond Account To the Gross Revenue Bond Account there is hereby appropriated the sum of $ received upon delivery of the Series 1998 Bonds to the Purchaser (consisting of unused bond discount relating to the Series 1998 Bonds). The City shall continue to appropriate to the Gross Revenue Bond Account, on or before the 20th day of each month, an amount of the Gross Revenues equal to one -sixth of the amount of interest to become due in the next six months, and one - twelfth of the amount of principal to become due in the next twelve months, on all then Outstanding Bonds payable therefrom; provided that such transfers may be reduced by the amount of any investment income actually received in the Gross Revenue Bond Account, by the amount of any accrued and capitalized interest and unused discount deposited therein with respect to the Bonds and by the amount of any excess proceeds of Bonds transferred to the Gross Revenue Bond Account from the Capital Expenditure Account. This requirement is cumulative, and if the full amount required cannot be transferred in any month, the deficiency shall be made up from the next Gross Revenues received in the Municipal Hospital Gross Revenue Fund. The Gross Revenue Bond Account shall be used only to pay the • principal of and interest on the Bonds issued and made payable therefrom. The balance on hand in the Gross Revenue Bond Account on each interest payment date will be used first pro rata to pay the interest then due on all Bonds payable therefrom, and second to pay the principal of the matured Bonds in order of their maturity dates, pro rata with respect to Bonds maturing on the same date. (c) Reserve Account Upon the issuance of the Series 1998 Bonds the City shall deposit in the Reserve Account from funds on hand of the city and available therefor the sum of $ which is the amount equal to the lesser of (i) 50% of the average Principal and Interest Requirements to become due in any future Fiscal Year on the Bonds payable from the Gross Revenue Bond Account, (ii) 50% of the maximum Principal and Interest Requirements to become due in any future Fiscal Year on the Bonds payable from the Gross Revenue Bond Account, or (iii) 10% of the proceeds of all series of Bonds issued and made payable from the Gross Revenue Bond Account as to which any bond of such series is then Outstanding (the "Reserve Requirement"). The Reserve Fund shall be maintained at the Reserve Requirement by the retention of interest earnings therein and/or the transfer thereto of Gross Revenues in excess of the requirements of the Gross Revenue Bond Account whenever and to the extent necessary, or if such Gross Revenues are not sufficient for this purpose, then such transfer will be made from the balance then on hand in the Surplus Account. Except as provided below, when and if the balance in the Reserve Account is more than the Reserve Requirement, the excess shall be -18- 0 . transferred, not less often than annually, to the Gross Revenue Bond Account. Moneys on hand in the Reserve Account shall be used only to pay interest or principal actually due on Bonds when, if and to the extent that such interest or principal cannot be paid in full from the Gross Revenue Bond Account; provided that the amount of the Reserve Account allocable to any issue of Bonds may used at any time to discharge such issue of Bonds in accordance with Section 6. 1, so long as the balance remaining on hand in the Reserve Account following such use is not less than the Reserve Requirement with respect to Outstanding Bonds which continue to be payable from the Gross Revenue Bond Account. The balance in the Reserve Account shall be deemed to be the sum of all cash and the amortized cost of all securities held in the Reserve Account. (d) QMrating Account To the Operating Account there shall be credited each month, an amount of the Gross Revenues remaining in the Municipal Hospital Gross Revenue Fund, after the transfers required by Sections (b) and (c) have been made, as are needed to pay, promptly when due, all Expenses of the Municipal Hospital and to maintain an operating reserve therein of not less than one month of normal Expenses. To the Operating Account there shall also be credited, to the extent necessary, any additional funds, other than Gross Revenues, which are appropriated by the City for payment of such Expenses. The City covenants and agrees that upon the occurrence of a deficiency in the Operating Account which cannot be restored forthwith from the Surplus Account or other available City funds appropriated by the City for this purpose, it will include in its next annual budget an amount sufficient to restore such deficiency and shall appropriate such amount to the Operating Account. • (e) Surplus Account To the Surplus Account there may be transferred such amount of the Gross Revenues on hand in the Municipal Hospital Gross Revenue Fund as are not needed to meet the requirements of the Gross Revenue Bond Account, the Reserve Account and the Operating Account. Moneys on hand in the Surplus Account shall always be available and used first to restore any deficiency in the Accounts established in paragraphs (b) through (d) hereof. Moneys on hand in the Surplus Account which are not needed for this purpose shall be expended to pay the principal and interest on the Outstanding Medical Facilities Bonds, any Additional Bonds payable from the Surplus Account as provided in Section 4.04 hereof and any remaining amounts may be expended for any other lawful purpose specified by resolution of the City. 4.02. Investments All funds on hand in the Municipal Hospital Gross Revenue Fund shall be deposited or invested in accordance with Minnesota law; provided that each investment held in the Reserve Account shall have a maturity date, or be redeemable at the option of the holder, within five years of the date of its purchase. All securities so purchased shall mature at or before the time when it is estimated that the proceeds thereof will be needed for the purposes of the Account from which funds are withdrawn for the purchase. Except as otherwise specified herein, all income, gain and loss on such investments will be credited or charged, as the case may be, to the Account from which the investment was made. • -19- 4.03. Additional Bonds So long as any Series 1998 Bonds are Outstanding, the • City will not issue any Additional Bonds payable on a panty with the Series 1998 Bonds then Outstanding from the Gross Revenue Bond Account except in accordance with the following conditions: (a) Additional Bonds may be issued if there is filed with the City: (1) A certificate of a Financial Advisor stating that the Income Available for Debt Service for each of the two most recent Fiscal Years preceding the date of delivery of the certificate was not less than 125% of the maximum Principal and Interest Requirements (including the requirements for the Additional Bonds proposed to be issued) for any future Fiscal Year during the term of all Series 1998 Bonds then Outstanding; or (2) (A) A certificate of a Financial Advisor stating that the Income Available for Debt Service for each of the two Fiscal Years next preceding the date of delivery of the certificate was not less than 125% of the maximum Principal and Interest Requirements (excluding the Additional Bonds proposed to be issued) for any future Fiscal Year during the term of all Series 1998 Bonds then Outstanding; and (B) a certificate of a Financial Advisor to the effect that the estimated Income Available for Debt Service for each of the next two succeeding Fiscal Years or, if such Additional Bonds are being issued in connection with the financing of improvements to the Municipal Hospital, the two Fiscal Years • succeeding the projected completion date of such improvements, is not less than 125% of the maximum Principal and Interest Requirements (including the Additional Bonds proposed to be issued) for any future Fiscal Year during the term of all Series 1998 Bonds then Outstanding; provided that such certificate shall include forecast statements of revenues and expenses for each of such two Fiscal Years (which may be in summary form) and a statement of the relevant assumptions upon which such forecasted statements are based. In making the foregoing computations, the Financial Advisor may reasonably allocate the balance on deposit in the Reserve Account to each series of Outstanding Municipal Hospital Bonds and assume said allocated balance will be applied toward the payment of the final maturity of any such series (thereby reducing the Principal and Interest Requirements in such Fiscal Year). (b) Additional Bonds may be issued for the purpose of refunding (whether in advance or otherwise, including without limitation refunding through the issuance of crossover refunding bonds) any series of Outstanding Bonds, or portion thereof, if prior to the issuance thereof a certificate of a Financial Advisor is delivered to the City stating that, taking into account the issuance of the proposed Additional Bonds and the application of the proceeds thereof and any other funds available to be applied to such -20- • . refunding, the Principal and Interest Requirements during the remaining term of all Series 1998 Bonds then Outstanding and not to be redeemed or defeased in connection with the refunding will not be increased by more than 10 %. Additional Bonds may be issued under any of the above - referenced subsections with respect to which the tests set forth in such subsection are met and need not be incurred under only a subsection specifically referring to the issuance of Additional Bonds for a specific purpose. In determining the Principal and Interest Requirements on Bonds in the course of the various calculations required under the foregoing provisions, and any other provisions of this Resolution, if the terms of the Bonds being considered are such that interest thereon for any future period of time is expressed to be calculated at a varying rate per annum, a formula rate or a fixed rate per annum based on a varying index such that the interest payments on such Bonds at any future date cannot be accurately calculated, the Principal and Interest Requirements shall be calculated as if the average interest rate in effect during the last Fiscal Year preceding the date of calculation was in effect throughout the entire term of the Bonds, or if said Bonds were issued in the same Fiscal Year as the calculation, the first rate in effect for said Bonds shall be used in calculating the interest payments on said Bonds as if said interest rate was in effect throughout the term of the Bonds. Bonds may be converted from one interest rate mode to another payment mode pursuant to the terms of the documents authorizing the issuance of said Bonds, provided that the Bonds were issued in compliance with this Section 3.1 based upon the payment mode in effect on the date of such issuance. 4.04. Subordinate Lien Bonds Except as provided in Section 4.3 above with respect to Additional Bonds, any other Long -Term Indebtedness issued or incurred by the City and made payable from the revenues of the Municipal Hospital shall be payable from the Surplus Account in the Municipal Hospital Gross Revenue Fund established pursuant to Section 4.l(e), and from Gross Revenues transferred thereto after the requirements of Sections 4.1(b) through 4.1(d) are met. Any pledge of Gross Revenues to the payment of such Long -Term Indebtedness shall be subordinate to the pledge and appropriation of such Gross Revenues for the purposes of Sections 4.1(b) through 4.1(d). Section 5. Certain Covenants Relating to Operation of the Municipal Hospital 5.01. Operating Covenants; Sale or Conveyance' Leases and Operating Agreements So long as any Series 1998 Bonds are Outstanding, the City agrees that: (a) It will not sell or convey all or substantially all of the Municipal Hospital to any Person. (b) It will cause the Municipal Hospital and each part thereof to be maintained, preserved and kept in good repair, working order and condition and in as safe 0 -21- condition as its operations will permit and make all necessary and proper repairs (interior • and exterior, structural and non - structural, ordinary as well as extraordinary and foreseen as well as unforeseen), renewals and replacements thereof so that its operations and business shall at all times be conducted in an efficient, proper and advantageous manner. No building or buildings constituting a part of the Municipal Hospital shall be demolished or removed nor shall any material alteration to the Municipal Hospital be made which would substantially impair the operating efficiency of the Municipal Hospital or significantly impair the revenue - producing capability of the Municipal Hospital or adversely affect the ability of the City to comply with the terms of this Resolution. (c) It will at all time uses its best efforts to maintain and operate the Municipal Hospital to meet the standards and requirements and provide health care of such quality and in such manner as shall enable the Municipal Hospital to participate in, and provide services in connection with, recognized medical insurance and other third - party payor programs, and the City represents that it presently complies therewith and agrees that, so long as the Municipal Hospital shall remain a qualifying medical facility under such recognized programs, it will use its best efforts to comply with the standards and requirements for remaining a qualifying medical facility thereunder, unless the City shall determine that, in the opinion of the City, it is not in the best interests of the City and the Municipal Hospital so to comply. (d) It will own the Municipal Hospital and operate, or cause the Municipal Hospital to be operated, as public health care facilities open to all members of the general • public on a substantially equal basis. It will conform to all applicable federal and state laws prohibiting discrimination based on race, religion, creed, color, age, sex, handicap or national origin in the operation of the Municipal Hospital. It will not use the Municipal Hospital or any part thereof for sectarian instruction nor will it use the Municipal Hospital primarily as a place of religious worship, nor will it use any of the proceeds of the Series 1998 Bonds to provide facilities or equipment or any religious instruction or worship activities. (e) It not transfer or convey to any other Person all or any portion of the Municipal Hospital, or assets of the City, without consideration or for consideration less than fair market value unless such transfer or conveyance is required by law. The City may remove items of equipment and other property from the Municipal Hospital and dispose of such items and property, but shall install replacement items of equipment and property to the extent required to maintain the operating efficiency of the Municipal Hospital. 5.02. Rates and Charges The City covenants and agrees to operate the Municipal Hospital on a revenue producing basis and to charge such fees and rates for its facilities and services and to exercise such skill and diligence as to provide Gross Revenues from the Municipal Hospital sufficient with other available funds to pay promptly all payments of -22- principal and interest on the Series 1998 Bonds, all expenses of operation, maintenance and repair of the Municipal Hospital and all other payments required to be made by it hereunder to the extent permitted by law. The City further covenants and agrees that it will from time to time as often as necessary and to the extent permitted by law, revise its rates, fees and charges in such manner as may be necessary or proper to comply with the provisions of this Section (and to assure, in any event, that the Income Available for Debt Service for each Fiscal Year is never less than 125% of the Principal and Interest Requirements during such Fiscal Year). If in any Fiscal Year the Income Available for Debt Service is less than 125% of the Principal and Interest Requirements, the City shall (except as provided in the next paragraph) retain a Consultant to make recommendations with respect to the rates, fees and charges of the Municipal Hospital and the City's methods of operation and other factors affecting its financial condition in order to increase such Income Available for Debt Service to at least 125% of the Principal and Interest Requirements; provided that the City shall not be required to follow the recommendations of any such Consultant if the City determines that it is in the best interests of the City not to do so. The foregoing provisions notwithstanding, if in any Fiscal Year the Income Available for Debt Service is less than 125% of the Principal and Interest Requirements, the City shall not be obligated to retain a Consultant to make recommendations if: (a) the failure to attain 125% coverage is for one Fiscal Year, not for two or more successive Fiscal Years, and the City attained at least 110% coverage for said Fiscal Year, or (b) the City determines by resolution that applicable laws or regulations have prevented the City from generating Income Available for Debt Service during such Fiscal Year in an amount sufficient to equal or exceed 125% of Principal and Interest Requirements and the City has generated the maximum amount of Gross Revenues reasonably practicable given such laws or regulations. 5.03. Insurance (a) The City shall cant' and maintain, or cause to be carried and maintained, and pay or cause to be paid timely the premiums for, at least the following insurance with respect to the Municipal Hospital and operations: (1) insurance coverage for buildings and contents including steam boilers, fired- pressure vessels and certain other machinery for fire, lightning, windstorm and hail, explosion, riot, riot attending a strike, civil commotion, aircraft and vehicles, sonic shock, smoke, vandalism and malicious mischief, sprinkler leakage, elevator, and all other risks of direct physical loss, on a replacement cost basis in an amount equal to the full 0 -23- insurable value thereof, but in any event not less than an amount sufficient to prevent the City from becoming a co- insurer under any applicable co- insurance clause; (2) general liability (other than as set forth in (3) below); (3) if applicable, comprehensive professional liability insurance, including medical liability, malpractice and other similar coverage; (4) comprehensive automobile liability insurance; (5) workers' compensation insuran or self - insurance as required by the laws of the State of Minnesota or other applicable law; and (6) business interruption insurance covering actual losses in Gross Revenues, resulting directly from necessary interruption of business caused by damage to or destruction (resulting from fire and lightning; accident to a fired vessel or machinery; and other perils including windstorm and hail, explosion, riot, riot attending a strike, civil commotion, aircraft and vehicles, sonic shock, smoke, vandalism and malicious mischief, sprinkler leakage, elevator, and accident to steam boiler and fire pressure vessels, and electric steam generator) of real or personal property constituting part of the Municipal Hospital, less charges and expenses which do not necessarily continue during the interruption of business, in such amounts as may be determined to be prudent by the City. (b) Each insurance policy required by subsection (a) hereof (1) shall be issued or written by a financially responsible insurer or insurers, or by an insurance fund established by the United States or State of Minnesota or an agency or instrumentality thereof; (2) shall be in such form and with such provisions as are generally considered standard provisions for the type of insurance involved, and (3) shall prohibit cancellation or substantial modification by the insurer without at least thirty days' prior written notice to the City. In lieu of separate policies, the City may maintain blanket policies having the coverage required herein. (c) The City covenants to review each year the insurance carried by the City with respect to the Municipal Hospital and operations and, to the extent feasible, will carry insurance insuring against the risks and hazards specified in subsection (a) hereof to the same extent that other governmental entities owning or operating facilities of the size and type comparable to the Municipal Hospital carry such insurance. In the event that the insurance required by subsection (a) hereof is not available to the City at reasonable cost, and, in any case, not less than every three (3) years, the City shall employ or cause to be employed an Insurance Consultant for the purpose of reviewing the insurance coverage of, and the insurance required for, the Municipal Hospital and its operations and making recommendations respecting the types, amounts and provisions of insurance that should be carried with respect to the Municipal Hospital and its operations. A signed copy of the report of the Insurance Consultant shall be filed -24- with the City and the insurance requirements specified hereunder shall be deemed modified or superseded as necessary to conform with the recommendations contained in said report. (d) The City may, by resolution of the City, elect to substitute a self - insurance program for any of the insurance required to be maintained pursuant to subsection (a) hereof. The City shall comply with all Medicare regulations governing any self - insurance, and shall at all times maintain such self - insurance program in such a manner as to be eligible for reimbursement under Medicare or any successor program or programs, regardless of whether the City is a provider of care thereunder. If the City establishes a self - insurance program pursuant to this subsection (D), the City shall, annually, employ or cause to be employed a Consultant for the purpose of reviewing such program and making recommendations with respect thereto in the same manner as is provided in subsection (C) hereof with respect to the insurance coverage maintained by the City. The provisions of subsection (C) with respect to the effect of the recommendations of such Insurance Consultant shall apply equally to the report of the Consultant with respect to any self- insurance program_ 5.04. Dama¢e or Destruction or Condemnation; Use of Proceeds The Net Proceeds received by the City as a result of any damage, destruction or condemnation of the Municipal Hospital shall be used as follows: (a) Repair and Restoration Unless the City elects to redeem or defease all Outstanding Bonds, the City shall proceed, to the extent necessary to insure the efficient operation of the Municipal Hospital at a level sufficient to produce Gross Revenues enabling the City to meet its obligations under this Resolution, to use such Net Proceeds to replace, repair, reconstruct, restore or improve the Municipal Hospital or repay indebtedness incurred for any such purpose pending the receipt of such Net Proceeds. (b) Redemption of Bonds To the extent Net Proceeds remain after the repair, reconstruction, restoration and improvement undertaken pursuant to subsection (a) above, or if no such repair, reconstruction, restoration and improvement is required by subsection (a) because of the minor nature of the damage, destruction or condemnation, the City may elect to use the Net Proceeds to optionally redeem Bonds in accordance with the Resolution, or to optionally redeem other Bonds payable from the Gross Revenue Bond Account to the extent permitted by the terms thereof. 5.05. Books and Records The City will cause proper and adequate books of record and account to be maintained with respect to the Municipal Hospital, reflecting all receipts and disbursements and all accrued claims and expenses in connection with the operation and maintenance of the Municipal Hospital, and the payment of obligations incurred therefor, and will cause them to be audited with respect to each Fiscal Year by a certified public accountant. Section 6. Defeasance When any Bond has been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of such • -25- Bonds shall cease, and such Bonds shall no longer be deemed to be outstanding under this Resolution. The City may discharge its obligations with respect to any Bond thereto which is 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 ft 11 with interest accrued to the date of such deposit. The City may also discharge its obligation: with respect to any prepayable Bond according to its terms, by depositing with the paying ak at on or before that date an amount equal to the principal, interest and redemption premium, i .any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bond, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required to pay all principal, interest and redemption premiums to become due thereon to maturity or said redemption date. Section 7. County Auditor Registration Certification of Proceedings and Official Statement 7.01. County Auditor Registration The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as the County Auditor shall require, and to obtain from said County Auditor a certificate that the Series 1998 Bonds have been entered on his bond register as required by law. 7.02. Certification of Proceedings The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the purchasers of the Series 1998 Bonds and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Series 1998 Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 7.03. Official Statement The Official Statement, dated as of 1998, relating to the Series 1998 Bonds (the "Official Statement ") prepared and distributed by Ehlers and Associates, Inc., the financial consultant for the City, is hereby approved, and the officers of the City are authorized in connection with the delivery of the Series 1998 Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. Ehlers and Associates, Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser a supplement to the Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information 26- relating to the Series 1998 Bonds required to be included in the Official Statement by Rule 15c2 -12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. Within seven business days from the date hereof, the City shall deliver to the Purchaser copies of the Official Statement and such supplement as provided in the Terms of Proposal for the Series 1998 Bonds. The officers of the City are hereby authorized and directed to execute such notes as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 8. Continuing Disclosure (a) Purpose and Beneficiaries To provide for the public availability of certain information relating to the Series 1998 Bonds and the security therefor and to permit the original purchaser and other participating underwriters in the primary offering of the Series 1998 Bonds to comply with amendments to Rule 15c2 -12 promulgated by the Securities and Exchange Commission (the "SEC") under the Securities Exchange Act of 1934 (17 C.F.R- § 240.15c2 -12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule "), which will enhance the marketability of the Series 1998 Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Series 1998 Bonds. The City is the only "obligated person' in respect of the Series 1998 Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. • If the City fails to comply with any provisions of this Section 8, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this Section 8, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Section 8 constitute a default under the Series 1998 Bonds or under any other provision of this resolution. As used in this Section 8, "Owner" or `Bondowner" means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any `Beneficial Owner" (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, `Beneficial Owner" means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Series 1998 Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bond for federal income tax purposes. • -27- (b) Information To Be Disclosed The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the Citv, commencing with the fiscal year ending December 31, 1998 the following financial information and operating data in respect of the City (the "Disclosure Information "): (A) the audited financial statements of the City for such fiscal ear, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) To the extent not included in the financial statements referred to in paragraph (A) hereof, the information with respect to the City for such fiscal year or for the period most recently available of the type set forth below, which • information may be unaudited, but is to be certified as to accuracy and completeness in all material respects by the fiscal officer of the City, to the best of his or her knowledge, which certification may be based on the reliability of information obtained from governmental or other third party sources: Historical Revenues and Expenses Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to each of the repositories hereinafter referred to under subsection (b) or the SEC. If the document incorporated by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. _28_ 0 • If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) of this subsection (b)), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this Section 8 is amended as permitted by this paragraph (1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner, notice of the occurrence of any of the following events which is a Material Fact (as hereinafter defined): (A) Principal and interest payment delinquencies; (B) Non - payment related defaults; (C) Unscheduled draws on debt service reserves reflecting financial • difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions or events affecting the tax- exempt status of the security; (G) Modifications to rights of security holders; (H) Bond calls; (I) Defeasances; (7) Release, substitution, or sale of property securing repayment of the securities; and (I) Rating changes. As used berein, a "Material Fact" is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a "Material Fact" is also an event that would be deemed "material" for purposes of the purchase, • -29- holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted • at the time of discovery of the occurrence of the event. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (1) of this subsection (b) at the time specified thereunder; (B) the amendment or supplementing of this Section 8 pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under paragraph (2) of subsection (d); (C) the termination of the obligations of the City under this Section 8 pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure The City agrees to make available the information described in subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as appropriate: (1) the information described in paragraph (1) of subsection (b), to each then nationally recognized municipal securities information repository under the Rule and to any state information depository then designated or operated by the State of Minnesota as contemplated by the Rule (the "State Depository"), if any; (2) the information described in paragraphs (2) and (3) of subsection (b), to the Municipal Securities Rulemaking Board and to the State Depository, if any; and (3) the information described in subsection (b), to any rating agency then maintaining a rating of the Series 1998 Bonds and, at the expense of such Series 1998 Bondowner, to any Series 1998 Bondowner who requests in writing such information, at the time of transmission under paragraphs (1) or (2) of this subsection (c), as the case may be, or, if such information is transmitted with a subsequent time of release, at the time such information is to be released. -30- 0 . (d) Tetra; Amendments; Interpretation (1) The covenants of the City in this Section 8 shall remain in effect so long as any Series 1998 Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this Section 8 shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this Section 8 will not cause participating underwriters in the primary offering of the Series 1998 Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This Section 8 (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (3) of subsection (b)) or the consent of the Owners of any Series 1998 Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this Section 8 as so amended or supplemented would have • complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Series 1998 Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This Section 8 is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Section 9. Authorization of Payment of Certain Costs of Issuance of the Series 1998 Bonds The City Finance Director is hereby authorized and directed on the date of issuance and delivery of the Series 1998 Bonds to pay from the proceeds of the sale of the Series 1998 Bonds, the fees and expenses of the following persons incurred in connection with the issuance of the Series 1998 Bonds up to the maximum amount set forth opposite the name of such person upon receipt by the City of a satisfactory statement therefor. • -31- Service Maximum Payee Performed Amount Ehlers & Associates, Inc. Minneapolis, Minnesota Financial Consultant 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 Series 1998 Bonds. Section 10. Miscellaneous Provisions 10.01. Severability If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the re mainin g provisions of this resolution 10.02. Covenant With Bondholders Each and all of the terms and provisions of this Resolution shall be and constitute a covenant on the part of the District to and with each and every Holder from time to time of the Outstanding Series 1998 Bonds and Additional Bonds issued hereunder. 10.03. Amendments No change, amendment, modification or alteration shall be • made in the covenants made with Holders of the Series 1998 Bonds and Additional Bonds without the consent of the Holders of not less than sixty percent (60 %) in principal amount of then such Outstanding Series 1998 Bonds and Additional Bonds except for changes, amendments, modifications and alterations made (a) to cure any ambiguity or formal defect or omission, or (b) any other change which would not materially prejudice the holders of such Outstanding Bonds; provided, however, that nothing herein contained shall permit or be construed as permitting (1) an extension of the maturity of the principal of or the interest on any such Series 1998 Bonds and Additional Bonds, or (2) a reduction in the principal amount of any such Series 1998 Bond and Additional Bonds or the rate of interest thereon, or (3) a privilege or priority of any such Series 1998 Bond or Series 1998 Bonds or Additional Bonds over any other Bond or Bonds except as otherwise provided herein, or (4) a reduction in the aggregate principal amount of such Series 1998 Bonds and Additional Bonds required for consent to any change, amendment, modification or alteration, or (5) permit the creation of any lien ranking prior to or on a parity with the lien of such Series 1998 Bonds and Additional Bonds on the Gross Revenues of the Municipal Hospital, except as hereinbefore expressly permitted, or (6) modify any of the provisions of this paragraph without the consent of the Holders of one hundred percent (100 %) of the principal amount of Series 1998 and Additional Bonds Outstanding, or, in the case of any modifications described in clauses (1) through (5) the Holders of only those Outstanding Bonds adversely affected by the modifications. -32- • 10.04. Headings Headings in this Resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 10.05. Applicable Law This Resolution shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Mayor Attest: City Administrator The motion for the adoption of the foregoing resolution was duly seconded by Member 0 favor thereof: and upon vote being taken thereon, the following Members voted in and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -33- Bond Index BID TABULATION $4,350,000 Taxable Medical Facilities Gross Revenue Bonds, Series 1998 City of Hutchinson, Minnesota SALE: September 22, 1998 RATING Non -Rated BBI: 4.97% NET TRUE NAME OF BIDDER RATE YEAR PRICE INTEREST INTEREST COST RATE PIPER JAFFRAY INC. Minneapolis, Minnesota BERNARD] SECURITIES, INC. Chicago, Illinois MILLER, JOHNSON, KUEHN, INC. Minneapolis, Minnesota 'ILLER & SCHROEDER FINANCIAL, INC. Minneapolis, Minnesota DOUGHERTY SUMMIT SECURITIES LLC Minneapolis, Minnesota R.J. STEICHEN & CO. Minneapolis, Minnesota CRONIN & COMPANY, INC. Minneapolis, Minnesota NIKE SECURITIES L.P. Lisle, Illinois AWARD PIPER JAFFRAY INC. 6.100/6 2001 -2007 $4,265,175.00 $2,884,497.19 6.7563% 6.20% 2008 6.50% 2009 -2011 Term* 6.75 % 2012 -2014 Term" 6.00% 2001 $4,265,175.00 $3,057,571.93 7.1566% 6.10% 2002 6.20% 2003 6.30% 2004 6.40% 2005 6.50% 2006 6.60% 2007 6.70% 2006 7.00% 2009 -2011 Term 7.125% 2012 -2014 Term 6.50% 2001 -2006 Term $4,265,969.50 $3,088,665.66 7.2329% 6.875% 2007 -2011 Term 7.25% 2012 -2014 Term *$1,065,000 Term Bond due 2011 with mandatory redemption in 2009 -2010. *$1,315,000 Term Bond due 2014 with mandatory redemption in 2012 -2013. E H L E R S FADERS IN PUBLIC FINANCE 3060 Centre Pointe Drive, Roseville, 55115 & A s S o C I A T E S I N C 657.697.8500 tax x 6 651.697.8557.8555 www.ehlers- inc:com Final City of Hutchinson, MN Taxable Medical Facilities Gross Revenue Bonds of 1998 Rate Principal fl& 10/16/98 87,168 87,168 00/01/99 80,833 139,233.75 02/01/00 107,546.56 31,687 00/01/00 243,855 285,000 02/01/01 190,000 6.1( 06/01/01 139,234 83,105 02/01/02 205,000 6.1t 08/01/02 329,233.75 02/01103 220,000 6.1( 08101/03 (145,339) 133,438.75 02/01/04 235,OOD 6.1( 08/01/04 212,156 402,000 02/01/05 250,000 6.1( 08/01/05 338,439 223,718 02/01/06 270,000 6.1( 06/01/06 127,186.25 02/01/07 290,000 6.1( 06/01/07 200,809 127,18625 02/01/08 310,000 6.2( 08/01/08 571,191 402,000 02/01/09 330,000 6.5( 08/01/09 120,476 69,130 02/01/10 355,000 6.5( 08/01/10 355,47625 02/01/11 380,000 6.5( 08/01/11 (182,606) 113,308.75 02/01/12 410,000 6.7,' OB/01/12 177,239 402,000 02/01/13 440,000 6.7! 08/01/13 363,309 233,930 02/01/14 465,000 67. Oa/01/14 105,683.75 $4,350,000 $4,350,000 Net New 1998 Total Total Capitalized Semi - Annual Refunding Semi- Annual Lease Semi- Annual Fiscal P$t Interest Payments 1650 Payments Payment Balance Uff 220,453.44 220,453.44 220,453.44 0 87,168 87,168 168,000 80,833 139,233.75 139,233.75 107,546.56 31,687 212,168 243,855 285,000 41,145 139,233.75 139,233.75 6.50349% 139,234 83,105 222,339 402,000 179,661 139,233.75 329,233.75 329,234 218,105 547,339 402,000 (145,339) 133,438.75 133,438.75 133,439 78,718 212,156 402,000 189,844 133,438.75 338,438.75 338,439 223,718 562,156 402,000 (160,156) 127,186.25 127,186.25 127,186 74,005 201,191 402,000 200,809 127,18625 347,186.25 347,186 224,005 571,191 402,000 (169,191) 120,476.25 120,476.25 120,476 69,130 189.606 402,000 212,394 120,476.25 355,47625 355,476 229,130 584,606 402,000 (182,606) 113,308.75 113,308.75 113,309 63,930 177,239 402,000 224,761 113,308.75 363,308.75 363,309 233,930 597,239 402,000 (195,239) 105,683.75 105,683.75 105,684 58,405 164,089 402,000 237,911 105,683.75 375,683.75 375,684 238,405 614,089 402,000 (212,089) 97,448.75 97,448.75 97,449 52,555 150,004 402,000 251,996 97,448.75 387,448.75 387,449 242,555 630,004 402,000 (228,004) 88,603.75 88,603.75 88,604 46,333 134,936 402,000 267,064 88,603.75 398,603,75 398,604 251,333 649,936 402,000 [247,936) 78,993.75 78,993.75 78,994 39,568 118,561 402,000 283,439 78,993.75 408,993.75 408,994 254,568 663,561 402,000 (261,561) 68,268.75 68,268.75 68,269 32,419 100,688 402,000 301,313 68,268.75 423,268.75 423,269 257,419 680;688 402,000 (278,688) 56,731.25 56,731.25 56,731 24,938 81,669 402,000 320,331 56,731.25 436,731.25 436,731 269,938 706,669 402,000 (304,669) 44,381.25 44,381.25 44,381 16,791 61,173 402,000 340,826 44,381.25 454,381.25 454,381 271,791 726,173 402,000 (324,173) 30,54375 30543.75 30,544 6,313 38,856 402,000 363,144 30,543.75 470,543.75 470,544 258,313 728,856 402,000 (326,856) 15,693.75 15,693.75 15,694 15,694 402,000 386,306 15.693.75 460,693.75 480,694 480,694 402,000 (78,694) 0.00 0.00 0 0 268,000 268,000 2,799,672.19 7,149,672.19 328,000.0 6,821,672,19 4 ,120,750.00 10,942,422.19 11,977,000.00 84,825.00 DIsmu - n owl 2,884,497.19 Total Interest Cost 3.182,598.65 Projected Total Interest Cost $298,101.46 Savings Notes Monthly Lease Payment: $67,000 Assumes New Lease Payments start on November 1, 1999 and are collected monthly until May 1, 2014. Assumes all payments due on February 1, 1999 for the 1990 Issue and 1998 Refunding Issue are made from funds on hand and under current lease arrangement. Dated: 10/16/98 Bond Years: 43,048.75 Interest Start: 09101/99 Average Life: 9.89626 Final Protected Discount: 84,825.00 Average Coupon: 6.50349% 7.19597% Net Interest Cast: 6JOD54% 7.39301% True Interest Cost: 6.75636% 7.45870% 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Prepared by Ehlers and Associates 09/22/98 r 1 U C Bids were recently received for the purchase of a Single Axle Dump Truck Cab /Chassis. The new truck will be equipped with a wing, an underbody blade, and a snowplow; its improved capabilities over the 1981 GMC Dump Truck will eliminate the need for the motor grader. This truck is a replacement for a 1981 GMC Dump Truck. It is fully expected that the new truck will not be available until March 1999. Therefore, the purchase will be a 1999 budget item. Plans for this completed transaction include selling the 1981 GMC Dump Truck and a 1973 Austin- Western Motor Grader. Our goal is to present the best proposal to the City Council. This may not mean that the least expensive proposal is presented. There are several factors that must be considered. It is more important to purchase quality equipment that fits the City's needs and expectations than to purchase the least expensive equipment for purely monetary reasons. There were four proposals presented for the Single Axle Truck, Cab /Chassis: 1. Boyer Ford Trucks $66,752.00 + 2,000.00 = $68,752.00 (Engine upgrade to specs) 2. Lakeland Ford Trucks $68,897.00 3. Mankato Mack $70,504.00 4. River Valley Truck Centers $70,773.92 The apparent low bid was from Boyer Ford /Sterling Truck, however, after Central Garage employees and operators reviewed the specifications and proposals presented by the various vendors, the following recommendations were formed: Truck: Mankato Mack $70,504.00 Second Rdo* recommendation: Truck: Boyer Ford Trucks $66,752.00 Change order: Caterpillar C -12 engine vs. C -10 spec. 2,000.00 Total purchase price $68,752.00 Truck: Lakeland Ford Trucks $68,897.00 Truck: River Valley Truck Centers $70,773.92 ' , • The Mack truck is recommended because of: 1. There is a total of $1,752 between the Mack and the low bid from Boyer Ford /Sterling 2. Delivery date of less than 6 months (will begin building in Feb. 1999) versus at least one year and as many as 540 days delivery outlined in other proposals. 3. Greater warranty package on major power train components (five years versus three years). 4. Warranty service facilities in Lester Prairie, MN versus Minneapolis /St. Paul. 5. Inclusion of a heated windshield (approximate value = $700) (Not available on other models). 6. Inclusion of a complete trailer towing package (approximate value = $700). 7. Inclusion of an adjustable steering column (approximate value = $300). 8. Aluminum fuel tanks and battery box covers (approximate value = $300). Approximate value of items included in the Mack bid = $2,000 Items that cannot easily be given an approximate value: 1. Delivery date 2. Warranty package 3. Location of warranty service facilities • The action for consideration this evening is to authorize the purchase of: a) Mack Truck, as proposed, from Mankato Mack for $70,504, as bid, and other taxes and fees required by law. b) Defer consideration of the snow removal equipment bids until next City Council meeting. 0 re 0 Hutchinson Citv Center 111 fl s Slue[ SE Halclaiasoo. MN 55350.2522 320. 587- 5151/Fm 320-2344240 M E M O R A N D U M TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Development Agreement for County Fair Marketplace DATE: September 17, 1998 Attached is the latest draft of the Development Agreement with Ryan Companies regarding County Fair Marketplace. The development is currently proposed to include Target, Cub Foods, Office Max, 2 other larger retailers, 2 restaurants, and 2 smaller retail buildings. Ground breaking is proposed to occur late this month or early next month. Target is proposed to open in October of 1999. Cub Foods may open • earlier. Some minor revisions may occur as agreements are completed with Mn/DOT over the next week, however it is expected that the significant items in the agreement will not change. We recommend approving the attached Development Agreement, understanding that minor revisions may be made after consultation with the City Attorney cc: Mark Hensen, Acting Building Official Marc Sebora, City Attorney file: County Fair Marketplace - Prnmd = r ycled paW - DEVELOPMENT AGREEMENT County Fair Marketplace CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by Ryan Companies US, Inc., Fee Owner, and Delmer R. Sturges (aka Delmar Sturges) and Doris Sturges, husband and wife, Fee Owner, hereinafter called the "Developer "; and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City'; WITNESSETH: WHEREAS, the Developer is the owner and developer of property situated in the County of McLeod, State of Minnesota, which has been surveyed and platted as County Fair Marketplace, and; WHEREAS, City Ordinance No. 464 and 466 requires the Developer to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. It is understood and agreed that the Developer shall be responsible for all work associated with site preparation and grading. All areas within the final plat, but outside of the rights -of -way, shall be graded to within 0.5 feet of final grade to allow for proper drainage, and the installation of utilities. The ponding area shall be constructed to within 02 feet of approved grades. All soils shall be compacted to a minimum of 90% Standard Proctor Density. All work shall conform with the approved Site Grading Plan. 2. Developer shall complete all work noted in Paragraph No. 1, and provide a written verification from a professional engineer or surveyor, prior to installation of utilities and/or issuance of building permits. Any costs associated with these requirements shall be the sole responsibility of the Developer, and are not financed through the City 3. It is agreed and understood that natural gas or electric distribution mains and services will not be scheduled for installation until all provisions of paragraphs 1 and 2 of this section have been met. Staging of this work has been discussed, and will be allowed pending written approval from Hutchinson Utilities and Hutchinson Telephone. 4. The Developer shall provide all turf establishment and erosion control necessary to protect the utilities and street improvements beyond the boulevard areas. The Developer shall also provide all erosion control during site grading work, prior to infrastructure construction, necessary to meet local and state requirements. The entire site shall be planted with perennial rye grass or other erosion control plantings following completion of site grading. • 5. It is understood and agreed that it shall be the Developer's responsibility to provide survey control points • for all infrastructure and site construction. C u* F* A*k@0bc&PV& t ��� 6. It is agreed and understood that the Developer shall be responsible for assuring that building construction is completed in conformance with the preliminary plat and grading plan. It is essential • that the vertical and horizontal locations of the structures be verified to avoid conflict with infrastructure and potential drainage damage. Any costs associated with correcting these conflicts shall be the sole responsibility of the Developer. The Developer agrees to have the City of Hutchinson install the following improvements: a. Denver Avenue sanitary sewer and watermain and appurtenances Project was completed in summer of 1998 (Letting No. 7/1roject No. 98 -13) b. Denver Avenue street improvements, including storm sewer improvements in coordination with private storm sewer improvements within the plat, and appurtenances. Project proposed to be completed by July 1, 1999. Cost to be divided equally between adjacent properties (half to Developer, half to adjacent Wal -Mart site). Project Hearings will be held prior to award of project. c. State Highway 15 widening improvements on the adjacent, west side of the highway, including common borrow, grading, gravel base, concrete curb and gutter and islands, landscaping, bituminous paving, storm sewer, and appurtenances. Plans must be approved by Developer and Minnesota Department of Transportation prior to construction. Project proposed to be completed by September 1, 1999. Schedule depends on receiving • required approvals from the Minnesota Department of Transportation. All costs for this work shall be the responsibility of the Developer, outside of potential credits as noted in Paragraph No. 4 below. d. Traffic signals on State Highway 15 at Denver Avenue South and/or Edmonton Avenue South Project proposed to be completed by September 1, 1999. Schedule depends on receiving required approvals from the Minnesota Department of Transportation. Costs for this work are proposed to be assessed to adjacent properties based on traffic generation, as measured by the City. e. 10' wide bituminous trail along State Highway 15 Project proposed to be completed in conjunction with trail construction to the north. All costs for trail adjacent to plat shall be assessed to the Developer. 2. It is understood and agreed that the City under one or more contracts will install the improvements in Paragraph No. 1. 3. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall include contracted costs, city administration and engineering costs and capitalized interest cost. 4. It is understood and agreed that the Developer will complete the lateral watermain improvements along the west side of Highway 15, and within Edmonton Street South. The City agrees to credit the Developer for oversizing of watermain along Highway 15, and for half of the cost of 10" diameter • watermain along both Highway 15 and 613 lineal feet of Edmonton Street South. These credits shall be included with the improvements noted in Paragraph l.c. above or the Trunk Watermain assessment Canty Fai Aferl 6060&Pepe 2 noted in Paragraph No. 5 below, at the discretion of the City of Hutchinson and the Developer. 5. It is understood and agreed that Trunk Sanitary Sewer and Watermain Fees will be charged based on rates in -place at the time of payment of the building permit. Rates for 1998 are: Sanitary Sewer: 24.12 acres @ $1,600 /acre = $38.592.00 Watermain: 24.12 acres @ $1,100 /acre = $26,532.00 6. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 and Trunk assessments in Paragraph No. 5 shall be assessed on a percentage basis to the properties within the subdivision. Based on the lot size, the assessments shall be distributed on the following percentages: Lot IA 8.61 acres 35.7% Lot IT 1.80 acres 7.5% Lot 2A 2.35 acres 9.8% Lot 2T 1.77 acres 7.3% Lot 3 6.33 acres 26.3% Lot 4 0.99 acres 4.1% Lot 5 0.53 acres 2.2% Lot 6 0.80 acres 3.2% TOTAL 24.12 acres 100.0% 7. It is understood and agreed that the Trunk Storm Sewer Access Charge of $1,740 /gross acre ($50,738.40) will be waived if the Developer provides, as noted in the approved Site Improvement Plans, all storm sewer service for urban improvements along the west side of Highway 15 South adjacent to the Development. 8. It is understood and agreed that any agreements regarding the method and procedure for assessments • from municipal improvements shall, at the sole option of the City, cease to be effective thirty -six months following approval of the Subdivision Agreement by the City. The City may exercise the option granted herein by giving written notice at any time, either before or after the expiration of the thirty six month period, of the City's intention to nullify the method and procedure for spreading assessments under the terms of the Subdivision Agreement. In the event the City so elects, all assessments subsequent to the notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable laws. The written notice called for by this paragraph shall be given to the fee owner of the property as disclosed by the records of the McLeod County Recorder or Registrar of Titles. It is understood and agreed, that a Parks and Playground Contribution will be made to the City. Current City policy calls for a 1998 -year rate of $405 /gross acreas. This would relate to a fee of $11,809.80 (29.16 acres). 2. It is understood and agreed that the Developer shall be subject to an electricity fee surcharge as a municipal electric service access charge, as noted by agreements with McLeod Cooperative Power Association (Coop). These fees shall be collected as outlined in the agreement between the Coop and the Hutchinson Utilities Commission. It is understood and agreed that the Developer shall, prior to installation of utilities, pay connection fees is for FJeotrie and Gas Service to Hutchinson Utilities for all units to be served in the final plat. These costs Cady F*Ms*&06C&ft e3 are Electric Service, and for Gas Service or as in affect with Hutchinson Utilities at the time of development. These fees include the • standard connection to each structural unit, and include required meters. IV. GENERAL. 1. It is understood and agreed that the City of Hutchinson shall work with the Minnesota Department of Transportation to develop plans for serving this site. These improvements are proposed to include street improvements and signal lights at Denver Avenue South and Edmonton Avenue South, watermain improvements within Highway 15 right -of -way, and Highway 15 street improvements related to widening for turn lanes and access control, and construction of trails. The Developer and the City of Hutchinson have prioritized the signal light at Edmonton Avenue South over the Denver Avenue signal due to regional significance. It is also noted that right -in only access is recommended by the City and the Developer at a point approximately midway between Denver and Edmonton Avenues. 2. It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Developer. 3. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 4. It is understood and agreed that the City shall record this agreement at the McLeod County Recorder's Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. The Developer shall • pay all costs associated with said recording. V. SIGNATIDRFS • FEE OWNER: Delmer R. Sturges (aka Delmar R. Sturges) Doris Sturges STATE OF MINNESOTA COUNTY OF • The foregoing instrument was acknowledged before me this day of . 19— by Delmer IL Sturges (aka Delmar R Sturges) and Doris Sturges, husband and wife, Fee Owners. Notary Public, County, Minnesota My Commission Expires Cowry Few MaksWJsMPege I • FEE OWNER: l J William J. McHale, Vice President Ryan Companies US, Inc. STATE OF MINNESOTA COUNTY OF APPROVED BY THE HUTCHINSON CITY COUNCIL THE _ DAY OF The foregoing instrument was acitne 1ged before me this day of 19� by William J. McHale, Vice President Ryan Companies US, Inc. -ee Owner. Notary Public, County, Minnesota My Commission Expires 19� • CITY OF HUTCHINSON: MARLIN TORGERSON, MAYOR GARY D. PLOTZ, CITY ADMINISTRATOR STATE OF MINNESOTA COUNTY OF THIS INSTRUMENT WAS DRAFTED BY: John P. Rodeberg Director of Engineering City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 612- 234 -4209 The foregoing instrument was acknowledged before me this • day of . 19_ by MarlinTorgerson, Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, County, Minnesota My Commission Expires U Cooly Fak Ysrb0i &ftF5 r • Hutchinson City_ Center 111 Haan Streit SE Hutchkn+ MN SSMO.2522 320.597 - 5151/1? z 320.234 -4240 NI L 1 7 1 iJ R A N L U NI TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Resolution Approving Plans & Specifications and Ordering Advertisement For Bids Purchase, Removal & Relocation of Structures from 100 -Year Floodplain (Phase 2) (Simonson Lumher/Fahey Building) . Letting No. 11/Project No. 98 -20 DATE: September 17, 1998 The following plans and specifications are completed. The project work is proposed to begin 10 working days after award (October 13' and completed by November 20' A copy of the documents will be available for viewing in my office, and the night of the Council meeting. cc: Mark Hensm Acting Building Official • file: 981LII PrIaw M rcxled Pam - 6r-11 PUBLICATION NO. ADVERTISEMENT FOR BIDS LETTING NO. 11 PROJECT NO. 98-20 TO WHOM IT MAY CONCERN: Hutchinson, Minnesota Dated: June 22, 1998 The City Council of the City of Hutchinson, Minnesota, will receive bids at the Office c ?he City Administrator until 1:30 pm on Thursday, October 8th, 1998, and said bids wii -is opened at 2.00 pm in the Council Chambers of the Hutchinson City Center at 111 Hassan I :reet SE, Hutchinson, Minnesota, for the Purchase, Removal And Relocation Of Structures From The 100 Year Flood Plain (Phase 2), all in strict accordance with the Plans and Specifications on file in the. Office of the Director of Engineering. This project includes asbestos removal/abatement- The approximate major quantities of work involved include purchase, removal and relocation of the following structures: 1) 295 1 st Avenue NE - Simonson Lumber 2) 218 Main Street North - Fahey Building A walk- through will be held at 10 am on Thursday, October 1st, 1998. Please notify Building Department at 320 - 234 -4216 of your intent to walk- through. If you can not be present at that time and would like to walk -through the buildings, contact the Building department to see if a time can be arranged. All bids shall be made on the Proposal Forms of the City and shall be accompanied by a cashier's check, bid bond or certified check, payable to the order of the City of Hutchinson, Minnesota, for not less than ten percent (10 %) of the amount bid. All checks or bid bonds will be held for thirty (30) days or until a contract is signed. Subsequent to that time, all non - forfeited checks or bid bonds will be returned to the bidders. A bid bond, or a bid deposit in the amount of 10 %, will be required from the Contractor awarded the bid. All bids shall also be accompanied by the required Insurance Certificates as noted in the specifications, and Certificate of Compliance with the Minnesota Workers Compensation Law. Bids shall be directed to the Director of Engineering, securely sealed and endorsed upon the outside wrapper "LETTING NO. 11 [PROJECT NO. 98 -20 ". The City Council reserves the right to reject all bids and to waive any informalities and irregularities. Specifications and Proposal Forms are on file and are available from the Office of the Director of Engineering, 111 Hassan Street SE, Hutchinson, MN 55350, and will be furnished on request to any prospective bidder upon payment of $53.25 per set (NON - REFUNDABLE). The successful bidder will be furnished free of charge, additional adequate number of specifications. Gary D. Plotz, City Administrator PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, SEPTEMBER 24TH, 1998 AND IN • THE CONSTRUCTION BULLETIN ON FRIDAY, SEPTEMBER 25TH, 1998. RESOLUTION NO. 11084 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 11 PROJECT NO. 98 -20 WHEREAS, the Director of Engineering has prepared plans and specifications for the the Purchase, Removal And Relocation Of Structures From The 100 Year Flood Plain (Phase 2) as follows: 1) 295 1st Avenlue NE — Simonson Lumber 2) 218 Main street North — Fahey Building NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for ten days, shall specify the work to be done, shall state that bids will be publicly opened at 2:00pm on Thurdsay, October 8th, 1998, in the Council Chambers of the Hutchinson City Center by the City Administrator and/or Director of Engineering, will then be tabulated, and will be considered by the Council on October 13th, 1998, in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 22nd day of September, 1998. Mayor City Administrator C , J f -H- • n U ro Hutchinson City Center 111 Re Sheet SE Halchloson, MN 55356 -7522 320- 4 37.5151/Fu 320. 230.4240 -N1 E N1 0 -Z A N D U 1 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Discussion of the Extension of Century Avenue, and Reconstruction of Dale Street and South Grade Road DATE: September 17, 1998 The above referenced project is being proposed for 1999 construction. Attached is a preliminary report regarding the estimated costs of the project. We originally proposed to begin work this fall, but are now proposing work to commence in the spring. At this time, we are looking for initial review and comments. Please let me know if you have any questions or comments. Pn bd .,.,7c44 Pm - 8`'z. R 1 , 1 u Hutchinson City Center 111 Hessen Street SE Hutchiumm INN 55350.2522 320.587- 5151/Fa: 320.7344240 M E M 0 R A D U M TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: HA HC Parking Lot Improvements (Letting No. 9/Project No. 98 -18) Resolution Accepting Bid Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment Resolution Adopting Assessment DATE: September 17, 1998 The bid opening for the above referenced project will be held the morning of the Council Meeting. We will review the bids prior to the Council Meeting and have the Resolutions and recommendations presented at the Council Meeting. cc: Phil Graves, HAHC file: 98/L9 0 �— J Primed on reryded paper - RESOLUTION NO. It U gs . RESOLUTION REJECTING BID LETTING NO.9IPROJECT NO. 98-18 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of Hutchinson Area Health Center (Hospital/Medical Center Site) by reconstruction of parking lot by construction of storm sewer, grading, gravel base, concrete curb and gutter, bituminous base and surfacing and appurtenances, and bids were received, opened and tabulated according to law, and the folbwing bids were received complying with the advertisement Bidder Amount Bid Wm Mueller & Sons, Inc of Hamburg MN $499,750.00 Duininck Bros, Inc of Prinsburg MN - $547,939.00 and whereas, all bids received exceeded the estimated cost and it has been determined thatsaid improvement is not feasible at this time; And whereas, all bids shall be rejected and said improvement is proposed to be rebid. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. All bids are hereby rejected and said improvement shall be rebid next spring. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the • deposits made with their bids. Adopted by the Hutchinson City Council this 22nd day of September, 1998. Mayor City Administrator 4 0 I DIP IX ,OPEN -HOLD COUNCIL REPORT 22- SEP- 1998page 1 -------------- 1980 ----------- TIDS ------ ------------- ELKS LODGE #2427 ---- ------- — — -------------------------------------- PAYMENT $10,000.00 JOHNSON, LEONARD G. OCTOBER PAYMENT $812.76 <*' $10,812.76* 1988 IMPROV. BDS FIRSTAR BANK OF MINNESOTA PAYING AGENT FEES $216.00 ' *' $216.00* 1997 IMPR. CONST WATER STREET ELECTRIC 97/20 FINAL PAYMENT $5,233.80 ' *' $5,233.80* 1998 IMPR. CONST HUTCHINSON UTILITIES STREET LIGHTS $3,940.83 JUUL CONTRACTING CO MATERIALS, CONCRETE, BLACKTOP <*' $ $3,110.00 7,050.83* CENTRAL GARAGE BIG BEAR HDWE $20.30 BRANDON TIRE CO SERVICE CALL, LABOR, TUBE $887.58 CITY OF HUTCHINSON SEPT MED $432.09 FORBES AUTO PARTS $10.60 FORTIS BENEFITS SEPT LTD $20.78 MN MUTUAL LIFE SEPT LIFE $7.35 *' $1,378.70* It) :Ad;:AUAman I. ol J AAGARD WEST AALDERKS, LARRY ARNDT, BILL ASSOCIATES, THE BECK, VIRGINIA BENNETT OFFICE SUP. BERKLEY RISK SERVICES BERNICK & LIFSON BLACK, JOANN BROWNS GREENHOUSE BRUNNER, DOLORES BURICH, HARRIET BUSINESSWARE SOLUTIONS CAMERA SHOP CARNEYS CASH DRAWER #3 CASH WISE CDI OFFICE PRODUCTS LTD CENTRAL GARAGE CENTRAL LANDSCAPE SUPPLY CITY OF HUTCHINSON CITY OF HUTCHINSON- GENERAL FUN COAST TO COAST COURTLAND INDUSTRIES CROSS, KARLA DAGGETT, DORIS DAHL, GWEN DEPT NATURAL RESOURCES DISPLAY SALES DOMINO'S PIZZA ERLANDSON, DAVID FAMILY REXALL DRUG FORTIS BENEFITS GRAINGER HAGEN, RUTH HANSEN GRAVEL HEALTH SERVICES OF NORTH AMERI HENNING, GERALD HENSEN, MARK HERTZ FURNITURE SYSTEMS CORD HILLYARD FLOOR CARE / HUTCHINSON HOESCHENS, DUANE HOUSKE- JACKLITCH, ANN HRA HUTCH FIRE 8 SAFETY HUTCHINSON AREA HEALTH CARE HUTCHINSON TEL CO HUTCHINSON UTILITIES IND IANHE D SPECIALTY CO SEPT PAPER RECYCLING REFUND - ENERGY TREE APPLIC ELECTION HOURS WORKED PROJECTION EQUIPMENT ELECTION HOURS WORKED TONER PROFESS CONSULT -SEPT PROFESS SERV THRU 8/14/98 ELECTION HOURS WORKED SAUCERS, CLAY POTS ELECTION HOURS WORKED ELECTION HOURS WORKED BACK -UP TAPES DEVELOP & PRINT WOODEN HEARTS ADDITIONAL CASH FOR DRAWERS PORK CHOPS INKJET CARTRIDGE SEPT RENT TREES /SHRUBS WEST RVR CAMP FEES ASPHALT, PAINT PLANT FOOD STONE, PAVER, PALLET DEPOSIT ELECTION HOURS WORKED ELECTION HOURS WORKED REFUND -ADULT GERMAN CANCELLED DNR FEES TO STATE BULBS, WIRE PIZZA & TWISTY PAINTING POLICE STATION PHOTOS SEPT LTD GRILLE ELECTION HOURS WORKED YARDS QUARTZITE TESTINGS REFUND - ENERGY TREE APPLIC REIMB- MEALS, MILEAGE DIRECTORY, INSERT PANEL PAD RETAINER EMS /RESCUE TRAINING REIMB- MEALS, MILEAGE HRA REFUND -P KACZMAREK EXTING RECHARGE VACCINATION SEPT SERVICE COVERS FOR ST LIGHT POLES SELF - INKING STAMP $1,528 $15 54 $2,684 87 16 $800 $72 87 34 79 92 28 1 45 $13 $200 $513 $30 $13,671 $2,364 $32,260 $174 $13 $843 $87 84 30 $582 $746 $60 $ $57 $1,601 $115 $484 $56 15 $52 $1,039 $315 $1,340 58 25 18 160 $1,087 $ 11, $17 `J OPEN -HOLD COUNCIL REPORT 22- SEP- 1998page 2, ---------------------------------------------------------------------------------------------------- GENERAL FUND JASZCAK, DENISE REFUND- CANCEL SKATE LESSONS $38.00 JENSEN, ROXANNE ELECTION HOURS WORKED $87.55 JERABEK MACHINE SERV ANGLEIRON $34.23 JUUL CONTRACTING CO BACKHOE, HYDRANT, ROCK ,5615.00 KIESER, SUE EMS /RESCUE TRAINING $550.00 KLAWITTER, DOROTHY REFUND - ENERGY TREE APPLIC $15.00 KNIGGE, DARLEEN ELECTION HOURS WORKED KOEHLER, ANNETTE ELECTION HOURS WORKED $ $87.55 87.55 L & P SUPPLY CO CHAIN $373.90 LADD, LARRY ELECTION HOURS WORKED $87.55 LARSON, ETHEL ELECTION HOURS WORKED $87.55 LEAGUE OF MN CITIES QTR 4 WORK COMP $28,745.52 LOGIS JUNE SERVICE $6,696.00 MARQUARDT, DIANNE ELECTION HOURS WORKED $95.28 MATHWIG, JASON REIMB- FOOTWEAR MCLAIN, DEETTA ELECTION HOURS WORKED $ $50.00 92.70 MCLEOD COOP POWER AUGUST ELECTRIC $418.25 MCLEOD COUNTY'TREASURER HUTCH PARCEL LISTING $1,584.62 MEMINDEX CALEND $141.39 MERCK, DR. MICHAEL & KRISTI REFUND - CANCEL SWIMMING LESSONS $66.00 METRO ATHLETIC SUPPLY FOOTBALL HELMETS $766.93 METRO SALES TONER $115.09 MID -MN HOT MIX INC BITUMINOUS $7,877.45 MIDWEST WIRELESS COMM. SEPT SERVICE $967.64 MILLER, SEDONA ELECTION HOURS WORKED $84.98 MN CITY /COUNTY MANAGEMENT ASSC MEMBERSHIP DUES $73.00 MN MUTUAL LIFE SEPT LIFE- COBRA -BENTZ $545.16 MN REC & PARK ASSC SANCTIONING FEES $66.00 MN SPORTS FEDERATION SANCTIONING FEES MN U C FUND QTR 2 CHARGES & INTEREST $ $76.00 94.02 MODERN MAZDA TOW VEHICLE $17.04 MOGARD, STEVE REIMB - TELEPHONE RECORDING EQUI $36.17 NORTHSTAR CHAPTER MEMBERSHIP RENEWAL $25.00 OGLESBY, KIMBERLY REFUND -STAIN GLASS CANCELLED $20.00 OLSEN CHAIN & CABLE CO. TRUBLUE ROPE $92.02 OLSON, MARGARET REFUND- DEFENSIVE DRIVING $90.98 PARTIES PLUS ROLL TABLE CLOTHS $20.77 PETERSON BUS SERVICE MOTOR COACHES $934.55 PHILLIPS, PAUL EMS /RESCUE TRAINING $300.00 PIONEERLAND LIBRARY SYSTEM QTR 4 PAYMENT $20,108.75 PLAISTED COMPANIES H.S. FOOTBALL FIELD $834.56 PLBG & HTG BY CRAIG LABOR, LEVER - REPAIR TOILET $57.50 PLIHAL, KEN REFUND -STAIN GLASS CANCELLED $20.00 PLOTZ, GARY D. REIMB -BRK RM SUPPLIES, INK $142.41 PROCHNOW, EVELYN ELECTION HOURS WORKED $84.98 PROGRESSIVE BUSINESS PUBLICATI RENEWAL $230.00 QUADE ELECTRIC F20 DAYLIGHT $45.05 REECE, JASON EMS /RESCUE TRAINING $300.00 RICKEMAN, DONNA REFUND -SWIM CLASS FULL ,$16.00 RUNKE, JOLEEN, REIMB -MEALS $36.77 RUTZ PLBG & HTG PLBG SUPPLIES, LABOR 29.82 SCHMELING OIL CO FUEL OIL 35.32 SCHMIDT, HARRIET ELECTION HOURS WORKED 87.55 187.55 SCHWARTZROCK, GARY REFUND - ENERGY TREE APPLIC 15.00 SEALE, PEARL ELECTION HOURS WORKED SERVICEMASTER SEPT BUILDING CLEANING $1,754.59 SHERATON INN- MIDWAY HOTEL CHARGES -B EWING 83.62 SHOPKO AUDIO TAPES 22.33 SIMONSON LUMBER CO NAILS 32.33 STANDARD PRINTING CORRECTION NOTICE FORMS 507.36 STOTTS, CASEY EMS /RESCUE TRAINING 225.00 SUBWAY PORTION PLATTER, COOKIES $76.93 SUPERIOR COFFEE & FOODS COFFEE $144.77 SWANSON, MARILYN REIMB- FLORAL ARRANGEMENT $58.25 TACTICAL ALLIANCE BLDG SEARCH COURSE $250.00 TEWS, CLARA ELECTION HOURS WORKED $87.55 TRI -CITY PAVING CALCIUM CHLORIDE $1,732.50 TRIPLE G DISTRIBUTING INC POP PURCHASE $54.20 TWO WAY COMM INC BATTERIES $918.92 UHL CO. LABOR, MILEAGE, REPAIRS $1,368.22 UNITED BLDG CENTERS NAILS, WALL TIES, ADHESIVE $486.06 US OFFICE PRODUCTS PENS, REPORT COVERS $256.05 USI INC LETTER POUCH $78.06 VIKING OFFICE PRODUCTS LAMINATOR $214.95 WAKEFIELD, TIMOTHY A. REIMB- VACCINATION $41.50 WAL -MART PAINT, PAPER BAGS RETURNED $169.63 OPEN -HOLD COUNCIL REPORT 22- SEP- 1998page 3 ----------- ---------------------------------------------------------------------------------------- GENERAL FUND WESELOH, PHYLLIS ELECTION HOURS WORKED 87.55 WICK, JUNE ELECTION HOURS WORKED 87.55 WIXCEY, HARRIET ELECTION HOURS WORKED 87.55 128.33 WRIGHT, PATSY ELECTION HOURS WORKED XEROX COPIER LEASE $625.00 < *> $160,049.38• HOSPITAL BONDS FIRSTAR BANK OF MINNESOTA INTEREST PAYMENT $224,156.52 < *> $224,156.52* HUTCH COMM DEV.0 CASH WISE LUNCHES $75.88 CITY OF HUTCHINSON SEPT MED $432.09 FORTIS BENEFITS SEPT LTD 16.24 MIDWEST WIRELESS COMM. SEPT SERVICE 29.15 MN MUTUAL LIFE SEPT LIFE $5.67 US OFFICE PRODUCTS LABELS $32.58 < *> $591.61* HUTCH TRANS FAC. CITY OF HUTCHINSON AUGUST WATER /SEWER $227.19 CITY OF HUTCH INSON- FUN ASPHALT FOR WASH BAY $36.00 MCLEOD COUNTY TREASURER 2ND HALF TAXES $6,940.45 < *> $7,203.64* LIQUOR STORE CITY OF HUTCHINSON LOTTERY PAYMENT $1,970.04 CITY OF HUTCHINSON- G ENERAL FUN PAYROLL 9/11 $8,489.01 ED PHILLIPS & SONS CO. SEPT LIQUOR PURCHASE $7,415.17 ELECTRO WATCHMAN QUARTERLY CHARGE $290.75 FORTIS BENEFITS SEPT LTD 55.12 GLENCOE ENTERPRISE AUGUST ADVERTISING 90.00 GRIGGS COOPER '& CO SEPT LIQUOR PURCHASE $19,713.10 JOHNSON BROTHERS LIQUOR CO. SEPT LIQUOR PURCHASE $8,583.50 JORDON BEVERAGE INC. SEPT BEER PURCHASE $1,406.10 KAARG, VAN CONVENTION TRANSPORTATION $165.00 LEAGUE OF MN CITIES QTR 4 WORK COMP $625.47 LENNEMAN BEVERAGE DIST. INC SEPT BEER PURCHASE $4,414.17 LEO'S TRANSFER AUG & SEPT FREIGHT $831.68 LOCHER BROS INC SEPT BEER PURCHASE $16,746.69 MIDWEST EXPO EXPO REGISTRATIONS $483.00 MN MUTUAL LIFE SEPT LIFE $19.53 PAUSTIS & SONS SEPT BEER PURCHASE $1,921.50 QUALITY WINE & SPIRITS CO. SEPT LIQUOR PURCHASE $3,435.52 REGAL MINNEAPOLIS HOTEL LODGING CHARGES $777.28 SHOPKO CLIPBOARD, VIDEO TAPE, CLNR $41.25 STANDARD PRINTING KEG REGISTRATION CARDS $399.66 TOWN & COUNTRY TIRE REPAIR CART TIRE $10.08 TRIPLE G DISTRIBUTING INC SEPT BEER PURCHASE $18,311.55 VIKING COCA COLA MISC POP PURCHASE $322.00 WINE SPECTATOR SUBSCRIPTION RENEWAL $40.00 < *> $96,557.17* PUBLIC SITES MCLEOD COOP POWER ELECTRIC HOOKUPS $4,800.00 < *> $4,800.00* RURAL F. D. CITY OF HUTCHINSON AUGUST FUEL $69.52 < *> $69.52* SCDP 97 Heg Reh EVEN -TEMP CONSTRUCTION ELECTRIC & WINDOWS $9,000.00 < *> $9,000.00* WATER /SEWER FUND AAGARD WEST AUGUST TANK PICKUPS $1,344.24 AG SYSTEMS NOZZLES, TIPS $10.07 BENNETT OFFICE SUP. COPIER CHARGES $15.00 BOUSTEAD ELECTRIC & MFG REPAIR, LABOR $2,045.50 CITY OF HUTCHINSON AUGUST FUEL $5,596.16 COAST TO COAST UPS $87.80 D.P.C.IND.INC CONTAINER, CYL DPC INDUST $111.00 DEVRIES, RANDY REIMB- MEALS, LODGING $163.00 DYNA SYSTEMS HOSES, HDWE $154.86 r LA OPEN -HOLD COUNCIL REPORT 22- SEP- 1998page 4., ---------------------------------------------------------------------------------------------------- WATER /SEWER FUND FORTIS BENEFITS SEPT LTD $270.80 GOPHER STATE INC AUGUST SERVICE $159.25 HACH COMPANY LAB SUPPLIES $61.25 HAWKINS WATER TREATMENT GROUP HYDROFL ACID $792.43 • HUTCHINSON UTILITIES AUG ELEC 268.00 INDI ANHEAD SPECIALTY CO SELF- INKING STAMP $13.20 JEFF'S ELECTRIC MATERIALS, LABOR $221.46 JOHNSON, BECKY REIMB- SAFETY BOOTS $39.97 JUUL CONTRACTING CO BACKHOE, LABOR, 3/4" UNION $2,281.50 LAKESIDE EQUIPMENT CORP DODGE EXPANSION BEARING 5740.00 LEAGUE OF MN CITIES QTR 4 WORK COMP $2,677.51 LIESCH ASSOC PROFESS SERV- COMPOSTING PRMT $48.00 LOGIS JUNE SERVICE $2,233.85 M.S. SHARPENING SERVICE SHARPENING $25.81 MACMILLAN PUBLISHING MS MAN $228.53 MIDWEST WIRELESS COMM. SEPT SERVICE $25.97 MN DEPT OF HEALTH QTR 3 CONNECTION FEES $4,944.00 MN MUTUAL LIFE SEPT LIFE $94.50 MN VALLEY TESTING LAB WATER TESTINGS $2,235.00 NCL LAB SUPPLIES $212.54 PC MAGAZINE SUBSCRIPTION RENEWAL $54.97 REMEDIATION MGMT CONSULTANTS HANDBOOK DEVELOPMENT $1,649.00 RUST ENVIRONMENT PROFESS SERV N HIGH DR LIFT 569.96 SCHRAMM IMPLEMENT FLANGE, BEARINGS, COLLAR, LABO 495.41 STARKE, EMIL REIMB- SAFETY BOOTS 59.97 SUPERIOR COFFEE & FOODS HOT CHOC, COFFEE 53.00 TRI CO WATER COND SALT 16.29 USA WASTE SERVICES INC LOADS 8/3 THRU 8/14 $11,055.15 VESSCO INC MAINT KIT $87.24 WELCOME NEIGHBOR AUGUST LISTSING $60.00 WITTE SANITATION TRUCK TIME & LABOR $110.00 <<> $41,312.19• $568,432.12• A 0 *IMMEDIATE PAY COUNCIL REPORT ---------------------------------- 1997 IMPR. CONST QUAM CONSTRUCTION GARAGE MOTOR VEHICLE c *> TAX 6 REG -PARK DEPT TRAILER $94.45 $94.45+ GENERAL FUND DEPT NATURAL RESOURCES DNR FEES TO STATE $490.00 LOGIS AUGUST SERVICE $6,369.95 MCLEOD COUNTY AUDITORS OFFICE FISH & GAME LICENSES $1,023.00 US WEST COMMON SEPT SERVICE $654.70 < > $8,537.65• LIQUOR STORE CITY OF HUTCHINSON LOTTERY PAYMENT $206.30 COLLINS BROTHERS SEPT MISC PURCHASE $119.56 INSURANCE PLANNERS LIQUOR LIABILITY AUDIT 97/98 $2,236.00 MN LICENSED BEVERAGE ASSN SEMINAR REG - LIQUOR HUTCH $150.00 QUALITY WINE F SPIRITS CO. SEPT LIQUOR PURCHASE $629.70 TOP HAT ENTERPRISES SEPT PURCHASE $287.37 < > $3,628.93+ PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EE CONTRIB 9/5 $575.00 AMERICAN FAMILY INS CO. EE CONTRIB 9/5 $27.88 GREAT WEST LIFE INS. CO. EE CONTRIB 9/5 $75.00 H.R.L.A.P.R. EE CONTRIB 9/5 $170.08 ICMA RETIREMENT TRUST EE CONTRIB 9/5 $2,446.17 PERA LIFE INS CO. EE CONTRIB 9/5 $126.00 PERA- D.C.P. EE CONTRIB 9/5 $52.02 PRUDENTIAL EE CONTRIB 9/5 $180.00 PRUDENTIAL MUTUAL FUNDS EE CONTRIB 9/5 $30.00 PUBLIC EMPLOYEES EE CONTRIB 9/5 $17,443.16 TEMPLETON INC EE CONTRIB 9/5 $480.20 WADELL & REED EE CONTRIB 9/5 $150.00 < > $21,755.51* R /SEWER FUND BRINKMAN STUDIO PHOTOFINISHING $23.96 LOGIS AUGUST SERVICE $2,235.72 < +> $2,259.68+ $40,505.66+ WATER/SEWER Sales Tax $5,599.00 LIQUOR FUND Sales Tax 21,455.00 GENERAL FUND Use Tax 149.00 1991 GO MEDICAL FACILITIES - INTEREST 22- SEP- 1998page 1 ---------------------------------------------------------------- L1/97 EST #7 FINAL PYMT -JULY $4,229.44 $4,229.44+ 9,262.50 40 • • a CITY OF HUTCHINSON LIQUOR STORE COMPARISON JULY 1997 JULY LIQUOR BEER 1 2,651 3,755 2 2,554 5,316 3 5,125 12,311 4 3,241 4,848 5 3,114 6,439 7 1,200 2,008 8 101 2,438 9 1,660 2,807 10 2,578 4,391 11 3,851 7,655 12 3,818 6,777 14 1,714 3,129 15 1,510 3,852 16 1,788 4,131 17 2,211 4,915 18 4,037 7,232 19 3,644 6,639 21 1,481 2,738 22 1,555 2,153 23 1,859 3,152 24 2,198 4,350 25 4,095 7,935 26 3,382 7,756 28 1,856 3,037 29 1,844 3,045 30. 2272 4,345 31 2,452 4,803 TOTAL 70,179 131,586 95 TOTALS 64,367 137,968 % OF SALE 30 56 SALES INC OR DEC MRIN 739 888 1.818 822 1,134 477 550 588 728 1,510 911 490 383 628 661 1,023 1,051 629 858 395 888 1,298 1,018 504 392 641 813 21,689 21,296. 9 (en MISC.. 353 474 894 542 765 157 279 185 413 732 699 226 377 391 423 875 906 226 185 235 405 879 1,037 238 302 318 348 12,864 12,713 5 TOTAL TOTAL BY WEEK 7,498 9,212 21,148 9,453 11,452 3,840 5,168 5,238 8,110 13,748 12,005 5,559 5,922 8,938 8,210 13,167 12,242 5,074 4,751 5,641 7,827 14,208 13,173 5,432 5,583 7,476 8,226 (0) % 58,763 48,109 52,035 60,672 28,717 238,297 238.35{ 100 CITY or BOTc81R50N LIQUOR 3TORR COleARI3OM J01 -98 LIQUOR 1 2,700 2 4,900 3 5,579 4 3,123 6 1,718 7 1,529 8 1,650 9 2,098 30 4,121 11 4,250 13 2,091 14 1,638 15 1,963 16 2,692 17 4,026 10 3,720 20 2,093 21 1,511 22 1,775 23 2,068 44 4,317 25 4,421 21 1,937 28 1,702 29 1,948 30 2,107 31 4,439 77,004 97 TOTAL 70,176 60r 6ALi 28 SAM 1110 OR Deo - rm- 1 5,560 9,459 13,582 6,737 2,660 3,019 3,799 5,084 8,313 8,985 3,939 3,695 3,012 4,471 8,267 7,684 3,510 2,811 3,369 4,401 8,794 9,125 3,016 3,299 3,496 4,733 8,644 154,500 }31,5¢5 57 MIRE 840 1,615 2,753 758 309 567 759 610 1,029 1,527 537 561 547 621 1,190 1,353 445 520 487 733 1,304 1,184 451 466 607 679 1,330 23,970 21,661! 4 45035 misc. 383 862 1,116 896 227 332 379 400 622 1,164 699 290 459 424 1,108 1,040 209 240 249 $02 Be? 1,302 250 294 296 391 963 36,252 12,064 6 TOTAL 9,591 16,636 23,02B 11,514 4,914 5,447 6,587 8,192 14,085 15,946 7,456 6,104 6,701 0,208 14,619 13,997 6,337 5,082 5,880 8,504 15,302 16,112 5,656 5,761 6,427 1,910 15,276 TOTAL BY M6LR 60,969 55,171 57,245 57,297 41,050 211,732 236,297 100 15 ! CITY OF HUTCHINSON CITY OF HUTCHINSON LIQUOR STORE COMPARISON LIQUOR STORE COMPARISON AUG 1997 Aug -98 AUGUST TOTAL -- - -- --- --- ------- - - - - - - -- - -- ------------- -- - - - - - -- TOTAL LIQUOR BEER WINE MISC. TOTAL BY WEEK LIQUOR BEER WINE RISC. TOTAL BY WEER 1 3,809 8,103 1,018 946 13,876 -- -- -- -- 1 -- - - - - -- 4,620 - - - - --- 8,716 - ----- -- 1,414 - -- 1,192 ----- -- -- ---- 15,944 ---- -- 2 4,044 8,641 1,185 1,238 15,108 15,944 28,782 3 1,758 2,643 138 204 5,043 4 1,840 3,101 538 302 5,781 4 1,832 2,977 544 397 5,750 5 1,463 2,930 467 275 5,135 5 2,010 3,187 587 276 6,060 6 2,073 3,732 783 279 6,887 6 2,231 4,140 8112 380 6,233 7 2,273 4,123 607 382 7,385 7 4,226 8,210 1,391 782 14,609 8 3,476 8,838 1,267 787 14,168 8 4,498 8,304 1,398 957 15,157 9 4,300 6,080 1,310 823 12,313 54,852 51,629 10 1,768 3,306 414 338 5,626 11 1,213 2,778 426 183 ON 11 1,784 3,401 569 303 6,051 12 2,437 3,041 805 283 6,388 12 2,324 3,926 612 461 7,325 13 2,009 3,319 811 342 0,281 13 2,290 4,766 1 431 8,506 14 2,484 5,760 1,868 744 10,856 14 4,201 8,496 1,406 002 14,905 15 3,826 9,108 1,306 1,276 15,514 15 3,858 8,970 1,221 1,024 15,073 16 3,820 8,410 1,386 1,157 14,773 57,772 58,388 17 1,547 3,350 461 215 5,573 18 1,848 2,585 518 263 5,212 18 1,779 2,748 690 258 5,475 19 2,030 2,531 740 218 5,519 19 1,693 5,562 1,191 418 8,884 20 1,950 2,8M 850 362 5,616 20 2,457 4,830 686 379 0,352 21 2,178 4,358 1,146 405 8,085 21 5,016 .8,301 1,141 708 15,166 22 3,346 7,326 1,168 811 12,651 22 4,378 8,039 1,132 825 14,374 23 3,333 7,437 1,020 834 12,624 57,824 49,707 24 1,541 3,261 661 269 5,732 25 1,693 2,942 412 317 5,364 25 1,738 3,830 697 300 6,565 26 1,986 3,500 488 398 6,372 26 2,301 3,260 441 279 6,281 27 1,979 3,775 601 310 6,885 27 2,120 3,997 547 329 6,993 28 2,818 5,342 1,014 302 9,476 28 4,199 8,211 1,583 755 14,748 29 4,183 8,822 1,264 744 15,033 29 3,230 7,452 1,088 802 12,572 52,891 30 4,819 10,952 1,548 1,031 18,348 61,258 31 1,851 3,461 475 223 6,010 6,010 TOTAL 71,038 139,974 23,962 14,790 249,764 71,250 137,968 22,688 13,387 245,293 96 TOTALS 67,632 145,413 22,873 14,508 250,424 97 TOTAL 71,038 139,974 23,962 14,790 249,764 % OF SALE 28 56 10 6 100 %OS SALE 29 56 9 5 100 SALES INC OR DEC (880) (0)% SALES INC OR DEC 14, 4711 121 9 adr�7h St SW Office P ILIBRaY ioneed P O. BoX 27 et sry SYSTEM Willmar, Minnesota 5•20 -0327 one: (320) 235 -61IE Fax: (320) 214 -0197 pls@ploneerland,6b.mn.us PIONEERLAND LIBRARY SYSTEM BOARD MEETING July 16, 1998 Meeting wsalled to order by PLS Board chair Harlan Madsen at 7:05 p.m. Roll Call was taken KnutsoWCbm moved approval of revised agenda. Motu passed DeCathelinean/Saaders moved appal motes of Jute 18, 1M and June 29, 1M meetings. Motion passed. Board conmcwd its discussion of "Issues of Concern" from Chippewafyellow Medicine Study Co mmittee S ummary tr 's "Mission and Purpose" statements was distributed Madsen requested four volunteers to work onaparmg a brief mission StaWment for PLS by August 20, 1998 or September 17, 1998 board meeting. Marotta Johnsen. Ronan Rol and Darlene Kotdaicki volunteered to serve on co mmitter Informationvas distributed summarizin inventory, value, and insurance on contents of all PLS libraries. Hm,lahan 5tismarized 1993 survey of contents trtsrnranre p rovi d e d locally by cities and counties. Irventoriesaeach library were available for board members to review following the meeting. Board discussed nedm resolve ownership question as part of iawrance review. G ruwM rested on discussions with Chippewa County attorney and with PIS attorney on ownership Mte If a comy chooses to withdraw from PLS. ownership issue will probably be resolved through arbitration cr action. MN attorney general's office provides arbitration and interpretation of stamwry questions. P3 agteemmt and amendments were rmen Discussion was held on whether to continue to work for appoval of amendments. SanderwItudningen moved to contact city of Orionville to clarify their concens with ownership section of amendments and report back to full PLS board. Motion passed, Gar Johnson voted net Report was =hued on designated reserves and interest As part of designated reserves, report lists thirteen specagrams and Projects. These funds are listed under "extension" on monthly financial report. Yearly interm totals were taken from annual audits. Houlahan rrremed budget process and involvement of library staff PLS board, personnel and finance comminees. xal l'haary boards. and cities and counties in process. Board reviewareport on - Local Fiscal and PLS Service Issues" showing income from state and federal funds and etgEdimrm of those funds to provide system services for libraries in Chippewa and Yellow Medicine comaes. Board memhm reported on their discussion with cities and counties on size of PLS Board Fleegei, Rotunda. Scbgiss, Abel. Knutson. Wade, Kotelnidd. and Clouse had discussed sae and funs ionalit_v with their citrsor counties. General assessme was that the board is large ben functional. New Business Madsen revvemL section from PLS agreement on terminati of membership due to poor attends at board mtxsirm SanderOQteinicki moved to notify individuals with poor atten ■onc that board will • declare theirmsition vacant and notify their appointing authority if they do not attend August 20, 1998 board 'sing Motion passed Committee Report Finance Commitw Sanders/Robmda . , ved approval of lane financial report Motion paned Ss.eral Cloose moved Approval of LSTG - ant. Motion paned. Matson reported that an application is being drafted for federal LSTA ford sanders recommended Houlahan research issue of inter= earned and the 31 hlaanes. Automation Comm! Y: Lamn reviewed rem meadation for pmrbase of bmcrode gams, wands, and ataads. FieegeyCbase -roved approval to parch: 31 Opticon 23" decoded CCD, Opdcoo Smart Wand, wad robber ata:.0 for Opticon CCD. Mo a passed NeA meeting will I 11 mrsday, All 20, 1998. Board will contim>c distus ion of Issues of Concern" and will start with z. iscassion of automation, Madsen declared meeting adjommed Katherine A Mauer Recorder 1 0 I* INFIR The Voice of Small Btuineu NM Minnesota SEP 8 1998 FOR IMMEDIATE RELEASE: August 27, 1998 (651)293 -1283 "REP. NESS EARNS GUARDIAN OF SMALL BUSINESS AWARD" ST. PAUL-- The state's largest small- business group, the National Federation of Independent Business, with over 18,000 members statewide, is pleased to announce that Rep. Robert Ness of Dassel has earned the "Guardian of Small Business Award" for the 1997 -1998 biennium. "Rep. Ness is a good friend of ours and a real supporter of small- business interests at the capitol," said Mike Hickey, State Director for NFIB/MN. Rep. Ness understands the vital role small businesses play in our state's economy. He realizes how many jobs are created by small business each year and that a healthy small- business climate is good for our state's workers. Small business has a real friend in Rep. Ness and we are happy to announce that he has earned the "Guardian of Small Business Award." 0 CONTACT: Mike Hickey National Federation of Independent Business WMIORMEMIEn 760 Norwest Center Tower • 55 Fast Fifth Street • St. Paul, MN 55101 • 612 - 293 -1283 • Fax 612 - 293-009 E l t _"d NM s Jbr •nw9 &.clew..&